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HomeMy WebLinkAbout2008-05-20 Support Documentation Town Council Evening Session PART 1 OF 4 VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, MAY 20, 2008 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (10 min.) . 2. ITEM/TOPIC: Town Manager's Report. (15 min.) ~ Fourth of July policies. " : Parking Structure Annual Maintenance Update. 3. Gary Suiter ITEM/TOPIC: I-70 Overlay Update. (15 min.) 4. Pam Brandmeyer ITEM/TOPIC: Appointment to the VLMDAC board. (15 min.) ACTION REQUESTED OF COUNCIL: Please interview the Vail Local Marketing Board Advisory Council (VLMDAC) applicants at the work session and appoint one applicant to fill a vacancy on the VLMDAC (terms expire December 31, 2009) at the evening meeting. BACKGROUND RATIONALE: The mission of the VLMDAC is to strengthen the area economy by attracting visitors to Vail in the May to October time frame. Per C.R.S. 29-5-111 General powers of district. (1)(g) All applicants must be "owners of property within the boundaries of the district," which includes by definition corporations or entities which own property "within the boundaries of the district." Should an entity be appointed to this advisory council, it would then be up to that entity to appoint its designee. Additionally, owners of "taxable personal property" will be considered for appointment. - The Town received three (3) applications for the vacancy. The Council needs to interview these applicants at the work session and then appoint one applicant to the Vail Local Marketing District Advisory Council.at the evening meeting. The applicants are as follows: Jamie Gunion Todd Gurley Michelle Kobelan , RECOMMENDATION: Appoint one person to the VLMDAC. 5. Greg Hall ITEM/TOPiC: Review development options on the North Day Lot and provide a decision to proceed to next steps of the.preferred option. (60 min.) ACTION REQUESTED OF COUNCI: Listen to the presentation - and use the goals and policies of the Lionshead Master Pfan, the adopted Vail Reinvestment Plan and the update on the transportation plan regarding the future needs, assessments and recommendations. Direct staff on the answers to the questions and next steps by motion. Questions to be answered: 1) What transportation modes should be placed on the north day lot? 2) What are the alternatives if we don't place all the modes on the site? 3) How do we pay for it? 4) Next steps? BACKGROUND RATIONALE: The councif directed the redevelopment of the North Day Lot to meet the goals of the . Master Plan for this site. Specifically that the uses of transit, skier drop off and hotel shuttles occupy the ground level of the site and these uses be placed on the eastern end of the site to better accommodate the users and provide a defined sense of arrival. The town staff and Vail Resorts Development Company (VRDC) staff and their design team have revised the development site plans. The presentation wifl review in detail the pros and cons of each option as well as the costs. A decision is needed to move the project forward in the appropriate direction. , STAFF RECOMMENDATION: 1) Place all modes on the site. 2) No alternative is needed except if and when the LionsHead Parking Structure redevelops move the transit vehicles to that site if the design for the transit center is similar to the Open/Hillwood proposal. , 3) Secure the remaining Federal dollars, pursue other transit fund sources avaifable, and make up the difference with Tax Increment Financing, if a short fall still exists, make it up using capital, Real Estate Transfer Tax (RETT) or General Fund dollars. 4) Set a 60 day period to meet with Vail Resorts to refine the design to better meet the concerns of all involved, refine costs of the design and prepare an agreement for council approval authorizing our intent to move forward with the project. 6. Scot Hunn ITEM/TOPIC: An update to the Council on progress made in developing and reviewing three (3) site plan "options" based on planning goals and design parameters approved by the Council as well as comments from the Chamonix Site Master Plan Advisory Committee; a report on the Advisory Committee and neighborhood meetings held on May 7, 2008, and; a request for clarification from the Council on the issue of unit mix and the "target markeY" for the anticipated `for-sale' housing product. (45 min.) ACTION REQUESTED OF COUNCIL: Staff recommends the Council provide Staff and the design team with clarification regarding approved master planning goals and design parameters, with specific regard to the preferred housing mix and the anticipated target market for the `for-sale' portion of the project. , BACKGROUND RATIONALE: 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 Advisory Committee held a meeting to review three (3) preliminary site plan concepts for the site and provided feedback and suggestions to the Staff and consultant team. 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 hosted an Advisory Committee meeting, followed by an evening neighborhood meeting, to review the most recent site plan concepts. The intent of these meetings was to gain feedback from stakeholder groups regarding preliminary site plan "options" prior to commencing with any further design work. STAFF RECOMMENDATION: Staff recommends the Council provide Staff and the design team with clarification regarding approved master planning goals and design parameters, with specific regard to the preferred housing mix and the anticipated . target market for the `for-sale' portion of the project. 7. Suzanne Silverthorn ITEM/TOPIC: Visitor Center Contract Discussion (15 min.) ACTION REQUESTED OF COUNCIL: Determine next steps in the selection process as it relates tothe future operation of the Visitor Information Centers. The current term of the operational contract with Vail Info, Inc., runs to September 30, 2008. - BACKGROUND RATIONALE: On October 1, 2005, Vail Info, Inc., assumed contractual operation of the Vail Visitor Information Centers in Vail Village and LionsHead following a request for proposal (RFP) process in 2005 and subsequent selection by the Vail Town Council from among three bidders. The contract provided an annual review process with the option to renew each year for a total of three years to be funded from the Town of Vail's , General Fund. The current term of the operational contact runs to September 30, 2008. RECOIVIMENDATION: It is the recommendation of the Visitor Information Center Committee to negotiate a new operational . contract with Vail Info, Inc., for another three-year period effective October 1, 2008. It is recommended the contract provide for an annual review process with the option to renew the contract each of the three years until September 30, 2011. This option has been reviewed by the Town Attorney and is deemed to be an acceptable • recommendation as it relates to the town's bidding procedures and processes for contractual services. Unless otherwise directed, the Visitor Information Center Committee also recommends continuation of the commission-free Town Council policy enacted in 2005 for overnight lodging bookings by participating Vail properties. , 8. Leslie Fordham ITEM/TOPIC: Art in Public Places Summer Exhibition, Workshop and Bronze Pour. (10 min.) ACTION REQUESTED OF COUNCIL: Approve expenditure for ' . summer exhibition, workshop and bronze pour. BACKGROUND RATIONALE: Art in Public Places holds an annual art exhibition in Ford Park. This year, five sculptures by artist James G. Moore will be featured. Moore makes large scale bronze bells embellished with scenes of wildlife. In past years, the summer exhibition has included an educational component. There has been the opportunity to meet the artists and attend informational lectures. These events attracted a small number of people. AIPP has identified educational opportunity for the visual arts this summer that will excite residents and guests. Following the success of the Heavy Metal Weekend in January, AIPP would like to hold a summer sculpture workshop and bronze pour. The workshop, a family event, would give people the opportunity to make their own smalf bells similar those in the exhibition. Sculptures made in the workshop would then be cast in a"bronze pour" hetd in Ford Park. The bronze pour, a visually exciting event, would take place on July 24 and should capture the interest . ; of those looking for an evening activity or leaving the Bravo concert. In addition to casting.bells made in the workshop, AIPP wiN cast bel{s with the Vail logo that can be sold to raise funds for the program. Description of Request: Funding for the Event The Summer Exhibition with a bronze pour and workshop will cost $14,945. AIPP budgeted $7,000 for the exhibition only. Sponsors . have contributed $2,400 to the summer event. AIPP estimates that $2,500 can be raised via the sale of bronze bells with the Vail logo Income from the workshop should raise approximately . $500. AIPP requires and additional $2,545 to fund the project. The AIPP 2008 budget has a line item titled Acquisition/Project Fund. The Board would use the Acquisition/Project Fund to pay the remaining cost of the project. Art in Public Places is requesting that the Town Gouncil approve the expenditure for the Summer Exhibition, Workshop and Bronze Pour. 9. Bill Gibson ITEM/TOPIC: First reading of Ordinance No. 9, Series of 2008, an ordinance amending Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10,, Amendment Procedures, Vail Town Code, to allow for an addition to the Osaki Sushi Restaurant, located at 100 East Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (20 min.) " ACTION REQUESTED OF COUNCII.: Approve, approve with modifications, or deny Ordinance No. 9, Series of 2008, on first reading. BACKGROUND RATIONALE: On April 28, 2008, the Planning and Environmental Commission voted 4-0-2 (Kjesbo and Viele recused) to forward a recommendation of approval, with conditions, for a major amendment to Special Development District No. 6, Vail Village Inn, to allow for an addition to the Osaki Sushi Restaurant, located at 100 East Meadow Drive/Lot O, Block 5D, Vail Vilfage Filing 1, and setting forth details in regard thereto. STAFF RECOMMENDATION: Staff recommends the Town Council approves Ordinance No. 9, Series of 2008, on first reading. 10. Rachel Friede ITEM/TOPIC: First Reading of Ordinance No. 13, Series of 2008, an Ordinance, amending Chapter 12-2, Definitions, Article 12-7G, Heavy Service District, Chapter 12-14, Supplemental Regulations, and Chapter 12-16, Conditional Use Permits, Vail Town Code, to allow for sexually oriented businesses as a conditional use in the . Heavy Service District, and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 13, Series of 2008, upon first reading. BACKGROUND RATIONALE: On May 6, 2008, the Vail Town ' Councii unanimously approved Ordinance No. 11, Series of 2008, upon first reading. Ordinance No. 11, Series of 2008 established licensing requirements for sexually oriented businesses with amendments to Title 4, Business and License Regulations, Vail Town Code. Ordinance No. 13, Series of 2008, includes proposed text amendments to Title 12, Zoning Regulations, Vail Town Code, that establishes sexually oriented businesses as a conditional use within the Heavy Service (HS) Zone District. On May 12, 2008, the Planning and Environmental Commission voted unanimously to recommend approval of the proposed text amendments to the Vail Town Council. STAFF RECOMMENDATIOPI: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 13, Series of 2008, on first reading. , 11. Scot Hunn ITEM/TOPIC: First reading of Ordinance No. 5, Series of 2008, an ordinance approving a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of a mixed use development, located at 1276 Westhaven Drive (Cornerstone site). (5 min.) ACTION REQUESTED . OF COUNCIL: According to written requests from the applicant, LO Westhaven, Inc., Staff requests the CounciF table the public hearing to consider first reacling of Ordinance No. 5, Series of 2008, to their regular meeting of June 3, 2008. BACKGROUND RATIONALE: On January 28, 2008, the Town of Vail Planning and Environmental Commission voted unanimously to forward a recommendation for approval, with conditions, of an application for a major amendment to Special Development District No. 4, Vail Cascade, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of the Cornerstone Site. (PEC070055) On February 19, 2008, the Vail Town Council held a public hearing to consider Ordinance No. 5, Series of 2008, an ordinance approving a major amendment to Special Development District No. 4, Cascade Village, on first reading. At that meeting, the Council voted unanimously to table the public hearing to their regularly scheduled meeting of March 18, 2008. The applicant has submitted a subse.quent request to table the hearing, most recently to the Council's regular meeting date of June 3, 2008. 12. George Ruther ITEM/TOPIC: Second Reading of Ordinance No. 1, Series of 2008, an ordinance amending Chapters 12-13, Employee Housing, 12-23, Commercial Linkage, and 12-24, Inclusionary Zoning, Vail Town Code, to establish, requirements that no less than one-half ('/2) 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. (20 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 1, Series of 2008, on second reading. , BACKGROUND RATIONALE: On March 10, 2008, the Planning and Environmental Commission voted 4-3-0 (Gunion, Proper, and Viele opposed) to forward a recommendation of approval, with modifications, for text amendments to establish standards 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. On May 6, 2008, the Town Council approved the first reading of Ordinance No. 1, 2008, by a vote of 7-0-0. . STAFF RECOMMENDATION: Staff recommends the Town Council approves Ordinance No. 1, Series of 2008, on second reading. 13. Matt Mire ITEM/TOPIC: Second reading of Ordinance No. 11, Series of Rachel Friede 2008, 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 second 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 second reading of Ordinance No. 11, Series of 2008. 14. Chad Salli ITEMITOPIC: 2008 Curb and Gutter Repair. (5 min.) ACTION REQUESTED OF COUNCIL: Authorize the Town Manager to enter into an agreement with B&B Excavating to complete the 2008 Curb and Gutter Repair in the amount of $379,876.93. BACKGROUND RATIONALE: Staff has received one bid for the 2008 Curb and Gutter Repair. The submitted bid from B&B is within budget and within 10% of the engineer's estimate. The project consists of removal and replacement of damaged concrete pan/curb and gutter. STAFF RECOIVIMENDATION: Authorize the Town Manager to enter into an agreement with B&B Excavating to complete the 2008 Curb and Gutter Repair in the amount of $379,876.93. 15. Tom Kassmel ITEM/TOPIC: Resolution ~No. 11, Series 2008, a Resolution Approving an Intergovernmental Agreement Between the Town of Vail, Colorado and the Eagle River Water and Sanitation District Regarding Drainage and Sewage Improvements Along Beaver Dam Road and Beaver Dam Circle; and Setting Forth Details in Regard Thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve the IGA, and authorize the Town Manager to sign and enter into the IGA with ERWSD in a form approved by the Town Attorney. BACKGROUND RATIONALE: ERWSD is replacing the water and sewer lines in Beaver Dam Rd. and Beaver Dam Circle over the . next two years. The Town of Vail needs to complete budgeted drainage and road improvements along Beaver Dam Rd and Beaver Dam Circle. It is in the best interest of both the Town and ERWSD to complete the projects simultaneously using one contractor. At the March 18th Council meeting the Council gave . staff direction to proceed with the development of an IGA with ERWSD to cost share the project and then bring it back to Council for approval once the construction. bids had been opened and costs were known. ERWSD has since had the public bid opening and has awarded the contract to the lowest qualified bidder, Western Slope Utilities. The Town's portion of work has been bid at $304,765.52 + costs for field measured restoration. This project has been budgeted for within the Capital Street Maintenance Budget. STAFF RECOMMENDATION: Approve the IGA, and direct the Town Manager to sign and enter into the IGA with ERWSD in a form approved by the Town Attorney. 16. ITEM/TOPIC: Adjournment. (10:10 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) ` THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, JUNE 3, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. % i MEMORANDUM TO: Town Council . FROM: Community Development Department and Chamonix Advisory Committee DATE: May 20, 2008 SUBJECT: Information Update Staff: Chamonix Site Master Plan Advisory Committee 1. PURPOSE The purpose of this information update is to: 1. Update the Council on progress made in revising three (3) site plan "options" based on comments from the Advisory Committee; 2. Report on the Advisory Committee meeting and neighborhood meeting held on May 7, 2008, to review the revised options; 3. Request confirmation from Council on issues related to unit mix and the "target market" for the anticipated `for-sale' housing product. II. BACKGROUND On March 4, 2008, the Vail Town Council re-affirmed, with modifications, the planning goals and design parameters (Attachment A) 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 B) 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 the April 11, 2008, Advisory Committee meeting are attached for review (Attachment C). On April 17, 2008, Staff traveled to Aspen to work with the consultant team to refine ideas and revisions generated from the Committee's comments. On May 7, 2008, Staff hosted an Advisory Committee meeting, followed by an evening neighborhood meeting, to review the most recent site plan concepts (Attachment D). The intent of these meetings was to gain feedback from stakeholder groups regarding the revised preliminary site plan "options" prior to commencing with any further design work. As part of the process, and in response to comments made by Committee members, the general community, and the Town Council, the Advisory Committee has asked for clarification from Council on the issues of desired housing mix and what the "target market" is for this project prior to moving forward with any additional design related activities. Comments from those meetings are attached for review (Attachments E and F). III. DISCUSSION ITEMS _ Housing Mix and Site Characteristics . ' The original planning goals and design parameters approved by the Council for this project aim to provide the greatest amount of employee housing on the site. The goals and parameters were established and amended after meetings with the Town Council, the Advisory Committee, and after conducting scoping meetings with focus groups and the public. Goa( No. 6 states "The site shou/d be optimized to provide the greatest amount of emp/oyee housing." As well, Goal No. 5 states "Housing developed on the site should be primarily deed restricted, `for-sale' employee housing, should include a mix of one, two, and three bedroom units and should include limited renta/ opportunities for Town of Vail employees." Staff had originally interpreted these goals to mean that the project was to be geared toward singles, couples -and perhaps a small number of families in need of first time home purchases - essentially that segment of the population that could potentially afFord 1, 2 or 3 bedroom units. The site, containing approximately 2.43 buildable acres - 1.25 acres of whicfi are identified as the preferred location for the development of a fire station - is well suited for medium to high density development. Although there are opportunities to develop limited amounts of lower density (duplex/town home) units on the northern portion of the site - to blend the development with the surrounding neighborhood and to provide a mix of housing types - Staff believes the majority of the site lends itself to higher densities, and that the site should serve as a transition befinreen the existing neighborhood and more intensely developed commercial areas to the south and east. Further, based on information gathered from the neighborhood, focus groups, the Advisory Committee and a survey conducted of individuals interested in purchasing deed restricted housing in the Town, Staff notes that a secondary design parameter has been established to use . higher density deve(opment on the southern portion of the site as a noise barrier from I- 70 and as a visual screen. However, comments received during recent Advisory Committee, neighborhood and Town Council meetings indicate there may be a difference of opinion as to what type of housing (mix) the site is appropriate for and who the project is targeting. Question: Is the original goal to optimize the site to provide the greatest amount of employee housing still valid? Further, is the goal to provide primarily 1, 2 and.3 bedroom deed restricted employee housing units still the preferred use of this site? Staff believes there is a demonstrated need for development of deed restricted employee housing within the Town and, specifically, that the goal to optimize the. site for development of primarily medium to high density residential units will further the goals of the Town in meeting this need. Additionally, Staff believes the site lends itself to this type of development. Target Market - Demographics, Surveys and Focus Groups To better understand the characteristics of potential purchasers, Staff has provided an overview of the demographics of indiyiduals currently interested in purchasing a deed restricted unit within the Town of Vail. These 31 individuals submitted lottery applications in 2007. Staff believes it is important to note that each applicant who qualifies for the Town's three bedroom units (five applicants) have also applied for two , bedroom units. This may indicate that purchase price is as important as unit size. As well, this may also indicate a willingness to forego unit size and/or number of bedrooms to own a home rather than continue to rent. Staff has completed the following research: Quantity Avg. Average Male Female Employed Employed Avg. Age Prequal in TOV in County Years in Morta e Coun Single 20 36.3 $224,605 8 12 19 1 14.0 Couple 6 38.4 $270,000 2 4 5 1 13.5 Family 5 45.8 $267,000 3 2 4 1 11.4 In March, 2008, at the direction of the Council, Staff and the design team conducted a survey of those same 31 individuals on the Town's waiting list. Results from the survey are statistically significant (14 responses out of 31 surveys sent = 45% response) and indicate the following: • 92.9% (13 respondents) felt that price was "very important" in any decision to purchase housing; • 55.5% (6 respondents) felt that square footage of the unit was "important" in any decision to purchase housing, compared to 45.5% (5 respondents) who felt that , . number of bedrooms was "very important"; • 50% (7 respondents) listed housing sales prices of $150,000 -$250,000 as being within the range they could afford; • 35.7% (5 respondents) listed housing sales prices of $300,000 -$450,000 as being within the range they could afFord; • 35.7% (5 respondents) favored one and three bedroom units, compared to only 28.6% (4 respondents) who were interested in finro bedroom units; • 7.1% (1 respondent) was interested in four bedroom units; • 60% (6 respondents) indicated that garaged parking and storage were "very important° in any decision to purchase housing; ; • 66.7% (8 respondents) indicated that decks and outdoor living space was "importanY" in any decision to purchase housing; • 76.9% (10 respondents) answered that indoor storage (extra closet space) was "very important" - 23.1 %(3 respondents) indicated that they would "pay extra" for such space; • 45.5% (5 respondents) answered that they would "pay extra" for vehicle storage (ie. snowmobiles, motorcycle storage); • 64.3% (9 respondents) indicated that they would choose "peace and quiet" (little or no highway noise) over "views" in their decision to purchase housing; and • 50% (7 respondents) prefer "community and neighborly interaction"; while 50% indicated that they desire "privacy". Eagle County recently completed a comprehensive Housing Needs Assessment. The following is a summary of information gathered during that assessment, completed in December 2007: • The average household size Is 2.74 indicating there are currently 18,924 households in Eagle County (69.6% own and 30.4% rent); ' • About half (47% ) of the potential home buyers surveyed would pay more for a home that is located in their first choice community an average of nearly 1195,000 for homeowners interesting in buying a different home and roughly $88,000 for renters who want to move into ownership; • Nearly three-fourths indicated that a single-family house is their first choice with most wanting three or four bedrooms; • Unit type preferences vary according to where potential buyers most want to live. Residents who want to buy in or near Vail have relatively higher preferences for condominiums while preferences for single family homes are higher in down valley communities; • Nearly 63% of renters who would like to move into ownership would consider purchasing a deed-restricted residence compared with only 19% of residents who already own a home and are interested in buying a different home; • Amenities: From a long list with numerous features identified, both owners and ' renters in Eagle County rate in-unit washers and dryers as their most important amenity. Two of the top four amenities - sunlight and. energy efficiency, are tied to Eagle County's mountain climate. Eagle County's residents also highly value having private outdoor space and pets; • About 27% of households in Eagle County are comprised of couples with no children, including 33% of owners and 18% of renters. Another 27% of households in Eagle County are couples with children, including 35% of owner households and 14% of renter households. Of other types of households, about 23% are adults living alone, 10% are unrelated roommates, 8% are single parents with children at home, 3% have *family members and unrelated roommates. As mentioned earlier in this memo, Staff and the design team conducted a scoping process, including interview meetings with several focus groups in February, 2008. These meetings were held to better gauge the needs of the community as well as to identify opportunities for the design team to pursue during the design of the project. . During the scoping process, the Employee Housing Focus Group - consisting of local employees, Town of Vail employees, major employers, residents of deed restricted housing within the Town = provided pertinent information regarding the type and pricing of housing desired. Comments received during the meeting included: • There is a need for 2-3 bedroom units, as well as some desire for one and four bedroom units; •Price point is a key determinant in any product introduced to the rnarket; and • Target market should include "middle management" and other "professionals" making 100-140% of AMI (gap). Based on information gathered to date from the Advisory Committee, which includes representatives from the Vail Housing Authority, combined with comments gathered from focus groups, the Eagle County Housing Needs Assessment and from surveys conducted of individuals interested in purchasing deed restricted housing in the Town of Vail, Staff recommends that two key factors should be considered in clarifying who the target market will be and what the unit mix and size should be for any deed restricted . housing to be developed on the Chamonix Site: sales price and Area Median Income (AMI)• Question: Is the goal to provide primarily.1, 2 and 3 bedroom deed restricted employee housing units still the preferred use of this site? Staff believes the above stated goal is still valid. There is a demonstrated need and, more importantly perhaps, an identified market for the development of 1, 2 and 3 bedroom units. Staff recommends that the development be designed to target this segment of the housing market and the final designs for units include an allowance for `flex-space' where practical in order to best serve the needs and desires of that segment of the market identified in focus groups, housing needs assessments conducted by - Eagle County and surveys conducted by Staff. Draft Housing Plan, •AMI and The Housing Continuum The Town of Vail Draft Strategic Housing Plan provides a framework for strategic housing initiatives within the Town as a means "To ensure at least 30% of Vail's workforce lives within the Town of Vail." The purpose of the Draft Plan is as follows: "The Town of Vail recognizes employee housing as basic infrastructure. This housing a/lows employees to live in the town promoting community, improving the quality of our loca/ workforce thereby supporting the local economy, and reducing regiona/ transit needs. The Plan seeks to provide enough deed- restricted housing for at /east 30 % of the workforce to live in the Town of Vail through policies, regu/ations and public/y initiated deve/opment. This Plan is a decision-making guide for the imp/ementation of emp/oyee occupied housing programs. The P/an documents current approaches to providing emp/oyee housing. It a/so identifies goa/s and methods the Town will pursue to accomplish the identified objectives. In addition, the Appendices provide background information on Town housing definitions, policies and initiatives and are included as a resource. " The Draft Plan identifies two primary goals, described as the "Keep Up" goal, and the "Catch Up" goal. Goal "B" (Catch Up goal) is stated below: "Respond to the existing affordab/e housing shortfa/l by pursuing a number of identified programs and development opportunities. This goa/ is a/so referred to as "Catch Up" in the Plan; it describes efforts to address deficiencies in the availab/e housing inventory that have arisen over a period of years." "Catch-Up Housing is defined in the Draft Plan as: "Housing needed to "catch-up" to current deficient housing conditions. In this Plan, catch-up housing needs are defrned by current resident households reporting housing problems (overcrowded, cost-burdened and/or living in substandard housing conditions), current renters and owners looking to purchase a home and in-commuters that would like to move to Vail. Cafch-up housing is generally addressed through local city . ~ development initiatives, non-profits and housing groups and public/private partnerships. " ' The Draft Plan identifies three methods the Town will pursue to achieve the Town's housing goals. In addition to regulatory requirements and pursuing regional/multi jurisdictional partnerships, Method "B" is as follows: 8. "The Town will Initiate Development and Acquisition . To address employee housing needs beyond the regulatory requirements for new development; and ¦ To respond to the desire to promote a more diverse and vibrant local community. " In order to implement the methods listed above, the Draft Plan specifies numerous Action Steps and "tools° that may be used to achieve the Town's housing goals. One action step calls for the' Town to "Participate ' in actual deve/opments including...Chamonix." The Draft Pfan defines several terms useful in analyzing and understanding which segment of the population the Town might target in any housing development in which it either initiates, or participates in. Area Median Income (AMI) is definecl as follows: "Area Median Income (AMI) Limits - most communities establish income limits for the programs they administer based on the area median income (AMI) for the area according to household size, which are adjusted annually by the 'Department of Housing and U.rban Development (HUD). Four different income categories are defined for various programs and policies: 1. Extremely low-income, which is less than 30% of the median family income; . 2. Very low-income, which is between 30 and 500/o of the median fami{y income; 3. Low-income, which is befinreen 50 and 80% of the median family income; ; 4. Middle income, which is between 80 and 120% of the median family income; and 5. Above middle income, which is over 120% of the median family income." The Housing Continuum is defined as follows: '"As illustrated 6elow, it is possib/e to estimate the number of resident households in the Town of Vail at various income leve/s. Vail's planning is based on addressing the needs of househo/ds of different incomes, recognizing that there is a need to ensure housing for a diversity of households. The maximum purchase price assumes a$10,000 down payment and a 6% thirty-year mortgage." . . _ j 8Q1000/a AMI 12Q140%AMI ' ? Max Income $73,000 i Max Incortie $109,500 Max Rerrt $1,825 Max Rent $2,738 ~ Max Price $241,432 ; Max Price $334,741 100%AMI 740°kAMI 809% ANO s• Over140%AMI . .e. , ~ 5480%AMI ~f~ - AAax InCOr1iE OV21' $109,500 Maz income $53,850 Max Rent Over $2,738 ' Max RerRt $1,346 . 425 ttY17~4°10 Max Price Over $334,741 Ma7c Pnce $180,238 5040%ANI 345 W41o/6 50°k ANMU < . O . 40•, . ' ~50%AMI ' Max InCdne $36,500 4=04MAI` ~ Ma~t Rent $913 ~ 401;F$1f18.4°/a Max Price 812a,796 1007 Vail FbuseFidds Question: Who is our target market and what price point should we be aiming for? Staff believes there are recently completed studies, surveys and assessments (empirical data and anecdotal knowledge) to support Staff's belief that the development of 1, 2 and 3 bedroom deed restricted employee housing units will hit a target (gap in the housing continuum) and that such units, once brought to market, will be absorbed. Based on the above information, Staff recommends the target market for deed restricted employee housing developed on the Chamonix Site should include those individuals making between 60-120% AMI and that price ranges of units offered at the Chamonix Site should fall between $155,000 and $335,000. Based on the above information provided within the Town of Vail Draft Strategic Housing Plan, as well as information gathered as part of the scoping and planning process for the Chamonix Site Master Plan, Staff recommends the following: o The target market for deed restricted employee housing developed on the Chamonix Site should include those individuals making between 60-120% AMI; o Price ranges of units offered at the Chamonix Site should fall between $155,000 and $335,000; o The site should be optimized to provide the greatest amount of one, two and , three bedroom c9eed restricted employee housing units, with an allowance for `flex-space' where practical in order to best serve that segment of the market identified in focus groups, housing needs assessments conducted, by Eagle County and surveys conducted by Staff; and o The master plan for the Chamonix Site should allow for maximum flexibility in the final design and development of unit mix and sizes, number of bedrooms and choices in amenities such as additional garage, storage and outdoor living space. ~ IV. STAFF RECOMMENDATION: Staff recommends the Council provides confirmation of master planning goals and design parameters relative to unit mix, target market and price ranges to the design team in order to allow the team to move forward in the design process. V. ATTACHMENTS: A. Approved Chamonix Site Master Plan - Planning Goals and Design Parameters B. Reduced Site Plan Options 1-3 as presented to the Advisory Committee on April 11, 2008 C. Advisory Committee meeting notes from April 11, 2008 ` D. Reduced Site Plan Options 1-3 (Revised) as presented to the Advisory Committee and neighborhood on May 7, 2008. E. Advisory Committee meeting notes from May 7, 2008 F. Neighborhood meeting notes from May 7, 2008 , 4ttachment A Approved Chamonix Site Master Plan Planning Goals and Design Parameters (Updated following Town Council Final review and approval on March 4, 2008) 1. The site is to be used for development of a fire station and employee housing. 2. Housing for fire department employees should be considered in the design of the fire station. 3. An ambulance substation could be an ancillary use on this site. 4. Energy-efficient and sustainable design and construction techniques are important. Certification by a particular program (LEED, Green Globes) is to be investigated, although not mandatory. 5. Housing developed on the site should be primarily deed restricted, 'for-sale' employee housing, should include a mix of one, finro, and three bedroom units and should include limited rental opportunities for Town of Vail employees. 6. The site should be optimized to provide the greatest amount of employee housing. 7. Re-zoning the property to the Housing (H) Districf is preferred to allow flexibility in design and development. • 8. Additional traffic onto Chamonix Lane should be limited. 9. One-story of development at grade with Chamonix Lane is acceptable. 10. All financing and phasing options will be considered. 11. New pedestrian circulation and access routes should be provided around the site, along Chamonix Road and/or Lane, to ensure connectivity of the surrounding neighborhood to other areas within West Vail. Existing pedestrian paths through the site are to be eliminated. pttachment B ss EST V All FIRE STATION & AFFORDABLE HOUSING j~~~~I ~ t C h ASSUCIATES~NC ' %r'" - $TAM i ,t auten ; ' t ~ - r ' - - ~ausa~ ~ Iannln8•r.so it[h{te lutl. IinOS[iD~ i i /r - ' ' - ' . i' 1 ti ~ ~ ~ / ~ . 1 ' . i!/ iese^i. ~ ~ ~ 1~1 i f. ~ %;"~:fr;.'• _ _ - ~ ~ _ _ - ~ ~ w ~ENSITY TREET OWNER UNIiS -//l~i%/ RENTALUNITS i Q FlRE STATtON j . ~ _ ~ FIRE pORMiiOR1ES j. lf //ri r f~` ;~;ti ' .r /0f, Q AMBUIl+NCE COMPONENT NE{GHBORING STRUCNRES ji . ; ~ ii~+y'~ti11~4iyiii'1~I~~fi /1~~~~; . - • *M' WEST VAIL FIRE STATION & ~PYIVAFFORDABLE HOUSING 0 B e r c h I t e c t s STAN CLAUSON ASSOCIATESiNc ianmcave archieeu~~..vi.l,H c.nson tlesl6n ~ I . I m a s*b~,, ~ 1y ~r~,s• ~,¢~~71 s ~T^ . F~~YDi'h~ no-3G..'~ ' ~+-..5 ~ '.a.. +...~'1n'"~x.'~'4'na'~{'~`~jl$~ •^r~~,~ l '~'t+7p ~,J'~'? . c ~ •.a . . a . , . t , • . . ~ . . d n ' ~ F 5- { ~n q°~" ~i i'~'~'~a j.~~, - s ;.'`r~^~-'~n. "~F: k}* ~`~~r.~~` ~ J ~ dOo W DEMQTYe ~ MAoN sTREET ~ WEST VAIL FIRE STATION 8~ ~IIYIVUFYAIL ~ AFFORDABLE HOUSING I B - ' ~ - ' ~ e r c h i t e c t e f / i --~-1 r~'~-~ ~ I _ ~ ' ~ , . , `~G ~ -'f ~ STAN CLAUSON ASSOCIATESiNC ~ _ ~ \ ~c ' ' _ ~ - IanESt~pe archlt~tture.0ltnnln`.i~sort Oefl[^ / ~%~~~`tl ~ J~ ' ~ ' ~ l ~ - . ' 1 ~ 'r~ / - . ~ . i , ' 'i~~/ ~ ~S - - `r s ~ ~ ~ i / ~ . f ' / Ir / / I R'.i / .~yto! ~ ~ , F TS f_ _ »w f ~ .i ~ ~ ~ _ ~ 'a^~ ` - / ~ I G~ ! . 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ACCESS , % ~ / / ~ ~ ~ , ~ jr~ ~//i~ < i . ~`ti. ; "~c. 4 ti - ~ J~// ~ ~i / ~j~~~~ ~`'..~j-- ~ ~z F r ~ ~.b-__r~~,3~.~~ - - jliff ~ l~' z ~.1..~~ a c ~J'G°- t a.~ ~ OWNER UNRS P l~ ~f/~ z ` u.y s ~ ~ u ~'r 'y ~ f :r ~ ~ RENTAL UNITS ~!'rJ~ 3 ~ ~`_sn S~y ~ J .-.r ~ ~7(~~~~~ ra • v . : ~ ~ FIRE STATION i~ / r i ~ e . ~L~ ~ i' ~ I/~~~ ~ \ & ` ~ - ~ ' I I ~ FIR@ DORMRORIES %y _ ~ ~ G'f i i ~ AMBULANCECOMPONENT ~ ,r ~f~ t ~ ~ ~ /~ryO~ ~'i C y~~ 5. ~ NEIGHBORING STRUCTURES ! / ~ ~ ; f ti I ' rr ~ f ~~j'i f J ; ~ k r.,d i X ~ " ; ~'+i x//,%~~ ~ t ' `Y' " ~ ~~!~~~J/~J ~~j~~,~r;, ` % ~ " ~?I "~f~~ ~ _ ~ ?l1; ~ f , ~ r~y r 1 r l j ffr~t . ~ ~ ' ill~~~'+1 1~ i y' v x_ z ~ ~ ~ ? ~~t' ~ iii~.jjl't,i'i};~ ~r;~S~I~~))1~`~~ ` : , . ~ ~ 111~1~1yf ~(~(lfl~~ rr,+~~~ i ~~1 ~II t~ t~~ ~ ( ~l _ - ~ ~ - ' ~ ii~ t 1\~\1 ~ ;M-~ _ . ~r F ~~iy~ 1`~~,~~-C~` ~ ~ 'v . .w., - - ~ .3 ~ ~ ~ \ / E~~ ~ .J~)}~~~~1 ~ ~ ~ ~ / f ~_K_ -;i .~~~.:..a._.,..,._~ n' WEST VAIL FIRE STATION & ZYI~YN](~VAIL ~ AFFORDABLE HOUSING BmmO~l a r c h I t e c t e STAN CLAUSON ASSOCIATESiNc i,na:cave uanueatun.ot,onini.r.wn anii, . ~ 4 # a . t • _ ' . . . . _ # sE V :...t . t . . , . .:.1. ~ a -.r- ~n1~D~MG~ AdLEY ACCESs / IRESTAZION i Y~lEST VA1L - , - ~ P,FF r ~ ~ C _ ~ ap'P#.VY• ~ ~6 _ ~ "r•~- . J CLAUSON A InR.RSert - _ - - ~ a~<n~canu~s.CUnn i i . • - _ _ _ - - ~ssn- - _ - . N' / ! i / ~ '5" , ~ ~Y. .v.19~5 ^ . ~ r . ~ i ~ G ~D , GpRA 1NG ' i ~ ' i~/ i . ~ , - ~ ~ / ~ ¦ py~MER UN115 REN iAlUNltS TION ' ~r ij~ '~i,• i ~i~~.:%,',! . _t~ ¦FIRESTA t70R1E5 ~ ,~~//i~ . ~ ! ~~j ~!%t~}l~ ~i~~, l ~ 9 • _ _ _ ~ FIRE DORM µCECOMP~NENS , i=- i f pF & ° WEF RDAgLE F10USWG ' TQ~~~~+ B e t C h` 1 e ~ t e ' . S,rp~ C`QUi~'Q~LLASSOCIATESoN daate^ " . Iand«+P . y na^r' ~ 4 . ~f . 1 r~ ~ • ~ r; a •v- . . ~ a ~Y "z s 4~~i . vn.~,,.n"e cS'~~ `S*~ p~ y ~ ~ w 40 ~ ~ ; * ~ yk • ` „ o ~ . , „ r , ~?.i'~, ,3.: . ~ , . . . . . M t7~ ~ , . . t . . . . _ ~~1x . ~ - . . ' , " . " ~r ~ c ~ s'• U a~' Ma 0~1 o ~ ~ C Attachment C Chamonix Site Master Plan Advisory Committee April 11, 2008, Meeting Notes The Advisory Committee held a public meeting on April 11, 2008, in the Community Development Large Canference Room to discuss the first site plan concepts ("options") for the Chamonix Site. The meeting convened at 12:00 noon and Staff presented a brief overview of the eleven project planning goals and design par.ameters approved by the Town Council on March 4, 2008. Stan Clauson and Gilbert Sanchez discussed how the goals and parameters factored into the three site plan and density options to be presented to the Committee. Three options were presented. Each option showed a mix of low density (duplex) residential on the northern portions of the site, combined with higher density (town house/condom inium) structures generally located on the southern portion of the site. Each option showed a fire station and living quarters (separated) located on the "Wendy's" parcel. Option 1 was identified during the meeting as the lowest density option (18 DU/buildable acre); Option 2 was identified as a medium density option (22 DUJbuildable acre), and; Option 3 was identified as the highest density option (32 DUlbuildable acre). Options 2 showed an area of the fire station facility, dedicated or reserved for a future . Ambulance District development. The committee discussed whether to design the project around the eventuality of the District building on the site, or whether to proceed with designing the fire station and housing around the Town's immediate needs. Option 3 showed a sub-grade parking structure under multi-family (condominium) development - as a"new urbanisY' model to encourage pedestrian circulation through the site and to present more common open space/courtyard space. The committee discussed the disadvantages of constructing a sub-grade parking structure and committee members agreed that Option 3 might be "too dense" and potentially cost prohibitive to construct. Each option showed additional (new) road/driveway cuts afong Chamonix Lane to serve several duplex structures located on the northern portion of the site. One committee member reiterated concern by the residents of the Chamonix neighborhood regarding additional driveway entrances. He stated concern, but expressed a willingness on behalf of the neighborhood to consider a limited (4-5) number of new driveways. The committee members discussed the three options, pointing out advantages and disadvantages of differing densities. General comments or suggestions are as follows: • 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 department/Town 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; x • 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 sfandards and the potential need to request a vatiance 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 befinreen 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 befinreen the fire station, the.adjacent Shell Station and the adjacent neighborhood; • Concepts should include more "New Urbanist° design concepts to minimize auto-oriented design solutions (such as solutions presented.in Option 3). The committee discussed next steps in the.process - to allow the design team to further, study each option - and. discussed possible next meeting dates. The meeting adjourned at 2:00 pm. . ptt,a,chment D West Vail Site Planning Concepts Narrative The development of site planning concepts for the Chamonix site is premised on the stated goals and objectives of the Vail Community. A variety of opportunities and constraints that result from the physical characteristics of the site have ,been identified by the design team, and these parameters inform the planning process as well. The charge to "optimize the site" requires that a spectrum of planning concepts be explored and evaluated by all stakeholders. In the end, the best plan will be the one that balances the concepts of density, neighborhood impact, traff c& parking, aesthetics, sustainability and value. A menu of site planning concepts has been created for consideration by the community. These ideas are illustrated in three diagrams identified as Option 1- Neighborhood Cluster, Option 2- Street/Alley & Option 3- Village/Neighborhood Cluster, and they range from lowest density to highest density. At this stage, density numbers are not fixed. They are simply suggestions of magnitude that can be adjusted based on stakeholder feedback. ' Additional information about the current site plan diagrams follows: Option 1- Neighborhood Cluster • Estimated 44 Residential Units . • Project Site DensiTy: 12 du/acre • Buildable Site Density: 18 du/acre ~ • Estimated Building Site Coverage (Footprint): 27,000 sf • Estimated Impervious (Paved) Surface Area: 45,000 sf • Estimated Site Coverage (Buildings & Paving):, 72,000 sf ' • Buildings are organized in neighborhood clusters. • Open space/view corridors separate the clusters. • Open space at the east end of the site to preserve sightlines at Chamonix Road/Lane intersection. • Building heights are generally 3-stories and do not exceed 4-stories. • A preferred fire station & dormitory configuration remains to be selected by the. Fire Department. This scheme illustrates a footprint with 1 drive-thru bay and 2 back-up bays , along the property line adjacent to the gas station. . Option 2- Street & Alley • Estimated 51 Residential Units • Project Site Density: 14 du/acre Buildable Site Density: 21 du/acre • Estimated Building Site Coverage (Footprint): 36,000 sf • Estimated Impervious (Paved) Surface Area: 39,000 sf • Estimated Site Coverage (Buildings & Paving): 75,000 sf • Traditional street/alley configuration with linear alignment of buildings to create streetscape. • Reduced open space/view corridors results from increased building footprint. • Open space at the east end of the site to preserve sightlines at Chamonix RoadlLane intersection. • Building heights are gerierally 3-stories along Chamonix Lane and 4-stories in the remainder of the site. • A preferred fire station & dormitory configuration remains to be selected by the Fire Department. This scheme illustrates a footprint with 1 drive-thru bay and 2 back-up bays against the hill at the west property line. Option 3- Village/Neighborhood Cluster • Estimated 78 Residential Units • Project Site Density: 21 du/acre " • Buildable Site Density: 32 du/acre • Estimated Building Site Coverage (Footprint): 34,000 sf • Estimated Impervious (Paved) Surface Area: 22,000 sf • Estimated Site Coverage (Buildings & Paving): 56,000 sf • A parking structure creates a vegetated (green) base for lugh density housing configurations. • Improved open space/view corridors due to reduced site coverage of buildings & paving. • Open space at the east end of the site to preserve sightlines at Chamonix Road/Lane intersection. • Building heights at the east end of the site do not exceed 3-stories to minimize impact on adjacent neighbors. _ • The higher density configuration is located at the west end of the site to take advantage of steeper slopes and to minimize impact on adjacent neighbors. Building heights may range ` from 3 to 5 stories. • A preferred fire station & dormitory configuration remains to be selected by the Fire Department. This scheme illustrates a footprint with 3 back-up bays against the hill at the west property line. Attachment D i WEST VAIL FIRE STATION & . ' AFFORDABLE HOUSING 1mYNQFVA¢ ' EE a r c h i t a c t t _ . . ~ ~ . 7 ~ . \ . _ . A / ~ . r . . ~ , y. r . / i • ! . ' - ~ . y ~ , ~ ~ ~ - - ; - , . , I , i•,; NEIGHBORHOOD ? ~~l Z• ~ C L U S T E R 12 DWELLING UNITS PERACRE it ~ '~~'1 - ~ ~ ¦ LIVINGAREAS eo ~s i2s zso TUCK-UNDERPARKING 0 m 25 ~,>r~ i ? (PRIVATE GARAGES) / ~ WEST VAIL FIRE STATION & AFFORDABLE HOUSING DIMENSIONAL COMMENTS ~ • -~~'S]o - o 0 o REQUIREMENTS ~ a~ Q ~ cc a~ ~ z cc a ~ c~ z 0 RES/DENT/AL 44 60,200 1- Bedroom 2 1,000 2,000 2- Bedroom 22 1,200 26,400 3- Bedroom 14 1,500 21,000 4- Bedroom 6 1,800 10,800 GARAGE SPACES 14,500 Gara e S aces 58 250 14,500 F/RE STAT/ON 11.9241 Fire Station 1 11,924 11,924 F/RE DEPARTMENT DORMITORY 4,130 Dorrnito 18 residents 1 4,130 4,130 AMBULANCE SERV/CE p Ambulance Service 0 4,746 0 TOTAL NET AREA - 90,754 Non-Program S ace 22,689 circulation, chases, walls & structure GRAND TOTAL GROSS AREA 113,443 Total Residential Units ri 11.88 Site Density 3.6 acres 18.04 Buildable Area Densi 2.43 acres Studio B Architects May 7, 2008 ~ ~ I ~ WEST VAIL FIRE STATION & ' . ' AFFORDABLE HOUSING 1~WNQFVAd ' B ~ e n i c e o t a . , , ~ 1 ~ . ~ ~ a' , . ~ , , - ~ . - , . - ~ , - ' - ~ , ~ ~ ~ r~ ~ ~ i ~ , . ~ , . , - - - i' ~ ? VILLAGE & NEIGHBORHOOD 22 DWELLING UNITS PERACRE i LIVINGAREAS ,,,,~.,~~~1•,~~,~~` ~j--~ "~~~~--~'1- - TUCK-UNDER PARKING 0 10 25 50 7s 125 250 ? (pRIVATE GARAGES) ' ~ WEST VAIL FIRE STATION 8 AFFORDABLE HOUSING DIMENSIONAL REQUIREMENTS COMMENTS e 0' O 0 D I~JUlywt N Q ~ y ~ ~ Z fCQ a N ca z ~ RES/DENT/AL 78 106,000 1- Bedroom 10 1,000 10,000 2- Bedroom 30 1,200 36,000 3- Bedroom 28 1,500 42,000 4- Bedroom 10 1,800 18,000 GARAGE SPACES 19,500 Gara e Spaces 78 250 19,500 F/RE STAT/ON 11,924 Fire Station 1 11,924 11,924 FIRE DEPARTMENT DORM/TORY 4,130 Dormito 18 residents #~i,~l 3-0 4,130 AMBULANCE SERV/CE p Ambulance Service 0 4,746 0 TOTAL NET AREA 141,554 Non-Pro ram S ace 35,389 circulation, su ort & common GRAND TOTAL GROSS AREA 176,943 Total Residential Units 78 21.06 Site Densi 3.6 acres 31.98 Buildable Area Densi 2.43 acres ' Studio B Architects May 7, 2008 WEST VAIL FIRE STATION & ; pFFORDABLE HOUSING ~ To OFYt4II. ' ~ ~ - . , ~ ~ . , . s - - ~ , , . ~ ~ - . , - ; : . ~ ,~,~r? _ _ ~ f. _ , . , . , . ; ~ ~ . / , - ~ ' r-- ~ , , • ' _ _ ~ , i El A L L EY & ; ? STREET ~ 14 DWELLING UNITS RER ACRE r ~ 1. ! i ~ LIVING AREAS 'r r ; ? TUCK-UNDER PARKING ~4 2so (PRNATE GARAGES) ~2e zs so 75 •~=,J);j~~;~ - ~ I~ WEST VAIL FIRE STATION 8 DIMENSIONAL AFFORDABLE HOUSING COMMENTS REQUIREMENTS ~ CD z ~ a 76 a z 0 RES/DENT/AL 51 68,800 1- Bedroom 7 1,000 7,000 2- Bedroom 22 1,200 26,400 3- Bedroom 14 1,500 21,000 4- Bedroom 8 1,800 14,400 GARAGE SPACES 16,750 Garage S aces 67 250 16,750 F/RE STATION 11,9241 Fire Station 1 11,924 11,924 FIRE DEPARTMENT DORMITORY 4,130 Dormito 18 residents 1 4,130 4,130 AMBULANCE SERV/CE 0 Ambulance Service 0 4,746 0 TOTAL NET AREA 101,604 Non-Pro ram S ace 25,401 circulation, su ort & common GRAND TOTAL GROSS AREA 1Z7,OOr'J Total Residential Units 51 13.77 Site Density 3.6 acres 20.91 Buildable Area Densiry 2.43 acres • Studio B Architects ' May 7, 2008 . , Attachment E lrf` ~ 1 rdfiPr ' . 1 ~q • Y}k~~~~ . STAN CLAUS0N ASSOCIATES iNc landscape architecture. pianning. resort design s-.,;° .'~.=C,;'•~y~`•._ K~ ~ bu 412 North Mill Street Aspen, Colorado 816zi t.970/925-2323 f.970/920•i628 55"~~a,, info@scaplanning.com . wwwscaplanning.com ^s. Chamonix-Wendy's 2008 Master Plan Effort Chamonix Advisory Committee Meeting 7 Moy 2008 On 7 May 2008, a Chamonix Advisory Committee meeting was held and attended by 15 persons to consider three options for development in " connection with the Chamonix-Wendy's 2008 Master Plan_Effort. Foilowing are minutes from the meeting. Scot Hunn (Town of Vail), Stan Clauson (Stan Clauson Associates), Patrick Rawley (Stan Clauson Associates), and Gilbert Sanchez (Studio B Architects) facilitated the meeting. Three options , considered are Option 1, Neighborhood Cluster (12 du/acre), Option 2, Alley Street (14 du/acre), and Option 3, Village Neighborhood (22 du acre). Attendees' comments included: Option 1: , • Would like to see one way street. • The fire configuration is good for public use. . • Emphasize green spaces between pods. Option 3: • What does the structured parking and multi-family building do to HOA fees? • Concerned that high HOA fees could "saddle" affordable housing development. • Less asphalt usage preferred. • Good compromise on density. • Like that Option 3 as two different neighborhoods. • Option 3 with fire station from Option 1 would be good. • Like the separation of higher density from lower density. ; . Chamonix Advisory Committee Meeting Minutes Chamonix-Wendy's 2008 Master Plan Effort • ` 7 May 2008 xs~a ~~~=~u • Due to grade change, could garage be 1 1/2 levels? Fire Station: ~ ~r.,, .,..k . • . ~ • Fire DePartment Prefers the fire station from OP . tion 1. ~.~s~. : i~:~`~ • Student housing configuration can be resolved. ' • Using fire station as slope retention a cheaper option. I • Look to South 40 station for use of glass and visibility of station from public point-of-view. j • What is the fire station budget? ' i Modular Construction: i; • Cost of modular constrvction is estimated at $85 -$115 per sq. ft. , j Site work for project in Aspen is approximately $60,000/unit. i. • One example of successful modular construction in Vail. , ~ • If you can "push and pull," modular okay. Use of various materials with modular can be successful. • Modular can have very high finish quality. ~ • Concern over construction techniques of multi-story modular , building. • Construction of multi-family using modular construction would.utilize ; ; framework. Units "plugged" in. ; • Would like to see photos of modular construction. i ~ . ; Maintenance: i ~ • Maintenance costs should be considered over the long term. I Garages/Parking: • Should garages be common or individual? k, • Common garages create issues of who parks where, storage, f ; maintenance, and administration. ~ • Common garages allow for more parking. ~ • Individual garages are used for storage rather than parking. ` • What about smaller scale common garages with assigned spots? ~ • Some resistance to common garages due to the question of what is yours. ; . ~ ~ i ~ ~ i ; j Chamonix Advisory Committee Meeting Minutes Chamonix-Wendy's 2008 Master Plan Efforf 7 May 2008 ~9~.A '~Ai ` J.•;:~',::.'''' . , _ • Example given of Aspen Walk development in Aspen conceming reluctance of free market residents driving through affordable housing parking area. Not really an issue. . ~~i~ • Garage choice is a lifestyle choice. . s.:,;; • Whether common or private, garages are necessary. . ` Common garage may cost more buf plowing is very expensive as ` well. j • Must look at long range cost over initial cost of garage construction. ` • Parking is a primary concern for this project. • Need for at least 2 spaces per unit - one garaged, one outside. Storage: ; • Sufficient storage is imporfant. • Common garages provide for storage. ~ Sales Price of Units: ~ i ~ • Sell units for cost. ' I • Banks have special financing for affordable housing. G Land: • Will the Town of Vail give land? ' • Should the Town of Vail setl land and use money for other i ; investments, possibly additional affordable housing. i i Ambulance: ~ • What is their involvement/cornmitment with the project? ~ • Location down valley? ~ Dens'rty: ~ ! • There is a need to accommodate as much density as possible. ~ • Density is a question that needs to be dealt with by the Town ' Council. • Need to "optimize" (increase) density. ~ Unit Mix: ` • Are 4 bedroom units necessary? i • Need a unit at 650 sq. ft. to drive down the monthly cost. ; • Make units smaller. ; ! € i ' ~ . 3 Chamonix Advisory Committee Meeting Minutes Chamonix-Wendy's 2008 Master Plan Effort 7 May 2008 ~Z%i ~ . Purchasing power of the target audience needs to be considered. . ~ w`'~ Possibility of unit with 1 bedroom with a den for additional space? ~f x`~`• Schemes should be characterized based on family friendliness. ' Traffic: ! • West leg of the roundabout needs to be emphasized. i • Fire station entrance must be 150 feet from Shell Service Station entrance. ' Miscellaneous: ( E ~ • What is the goal/focus of the development? ' I • Advisory Committee needs to make recommendation to council. ~ • Need public spaces. i i E~ ~ . ` , f E . ~ ( i I . . ~ I i . E ~ ~ E ~ . ~ ~ ; € i ~ i i ' ~ i i E i I M1 ~ ~ Attachment F ~ ' : STAN GLAUSON ASSOCIATES INc landscape architecture. planning: resort design ' Y . ~y0`y^. r.~t , K•. ~ 412 North Miil 5treet Aspen, Colorado 81611 t.970/925-2323 f.970/920•i628 info@scapianning.com wwwscaplanning.com i ' CHAMONIX-WENDY'S 2008 MASTER PLAN EFFORT NEIGHBORHOOD MEETING 7 MAY 2008 On 7 May 2008, a neighborhood meeting was held and attended by approximately 30 persons (21 signed-in) to consider three options for development in connection with the Chamonix-Wendy's 2008 Master Plan Efforf. Following are minutes from the meeting. Scot Hunn (Town of Vail), Stan Clauson (Stan Clauson Associates), Patrick Rawley (Stan Clauson. Associates), and Gilbert Sanchez (Studio B Architects) facilitated the meeting. Three options considered are Option 1, Neighborhood Cluster (12 du/acre), Option 2, Alley Street (14 du/acre), and Option 3, Village Neighborhood (22 du acre). Attertdees' comments included: Density: • Would like to see fire deparfment dormitory incorporated into the fire station design to allow for more sq. ft. for affordable housing. • Multi-family building shown in Option 3 seems out of step with the existing townhome character of the neighborhood. Mass and number of units a concern. • Strong desire to maintain integrity of current neighborhood. • Does not think that Option 3 is a viable option. Optionl is better due to loose feel. • Desire for a neighborhood feel. • Minimum density preferred due to effect on traffic. • More density should be shifted towards fire station. • Concerned with massive building in middle of site in Option 3. • Lower the density associate with the multi-family building in Option 3 but keep the general layout and open space configuration of Option 3. ~ ~ ~a.;17 Neighborhood Meeting Minutes °Chamonix-Wendy's 2008 Master Plan Effort 7 May 2008 i . , t ~~z'~~7 ~ Traffic: , • Remove traffic circulation away from the fire station for child safety reasons. CY„~~.a' ~StfdCt ~`^F. K°a ' • Do not allow private vehicle access to fire station. Consider ` separate access between ihe residential and fire station. ~ • Traffic should be a major consideration in informing the design of the ' site. • • With the additional cars from the development, vehicle movement ` at the roundabout, particularly in winter, would be more difficult. i ; Target Audience: ~ • Need to identify who the target resident would be. ~ • Want someone who lives and works in the community. , ; • Bring new families to Vpil! Four bedroom units would be good doing ; this. . , • Allowing employers to buy and rent multiple units to employees changes the target audience. t Unit Mix: . 1 ' ~ • Four bedrooms are too much. i; • One bedroom at 1000 sq. ft. seems big. One bedroom at 800 sq. ff. ~ more appropriate. ~ • Need to set qualification standards for unit size. , • Concerned that larger unit could be used for renting to roommate. ; • Goal of unit mix should be to bring back families. . j Minimize 1 bedroom units and use as infill within development. ' j • 2-4 bedroom units serve community, better by attracting families. ~ Snow Storage: ~ ; • Where would snow storage occur, particularly in Option 1 and 2? t ! Building Design: , 4 ~ • Height off of Chamonix Lane should be 35 feet. t • Modular construction does not fit with the values of Vail. ; • Stick built constniction preferred. ' I • Chamonix Lane resident said that neighbors approve of buildings ~ i blocking view of I-70. j i E ! ~ \ ( . Neighborhood Meeting Minutes Chamonix-Wendy's 2008 Master Plan Effort 7 May 2008 , . Site Design: ~~~A~~;,,~~. ;s. • Orientation of views shouldn't be primary consideration. , ~ . • No connection to Chamonix Lane creates two separate neighborhoods. ~ny'~" s- i • How would buildings along Chamonix Lane be oriented? • Though Chamonix Lane is busy, new development should be a parf ~ of the Chamonix Lane neighborhood. Reintroduce drive access ~ i between development and Chamonix Lane. ~ i • What about a single driveway off of Chamonix Lane to access new j units (if orientation is changed)? ; • Vote held on limited access off of Chamonix Lane: 8 yes 14 no/ 4 ; neutral ! • Allow pedestrian access off of Chamonix Lane but no vehicle access. ; s Pedestrian trail off of Chamonix Lane must be ADA compliant. ! • Switchbacks for a pedestrian trail off of Chamonix would chew up i buildable site. ~ • Vote on pedestrian access off of Chamonix Lane: 9 yes / 3 no / 3 ~ ~ neutral ~ ~ • Could bridges be used to access new units off of Chamonix Lane? j • Incorporate fire station into site strategy to help spread footprint. ! • What is current zoning? i I Financial: ' . • Will Town of Vail lease the land? ~ Miscellaneous: { • Date to break ground? f • Is information available on website? ~ ~ E j . I t 1 Y I 1 .1• ; . MEMORANDUM TO: Vail Town Council FROM: Visitor Information Center Committee Stan Zemler, Farrow Hitt, Kim Newbury, Krista Miller, t Suzanne Silverthorn DATE: May 6, 2008 SUBJECT: Visitor Information Center Contract BACKGROUND On October 1, 2005, Vail Info, Inc., assumed contractual operation of the Vail Visitor Information Centers in Vail Village and LionsHead following a request for proposal (RFP) process in 2005 and subsequent selection by the Vail Town Council from among three bidders. The contract provided an annual review process with the option to renew each year for a total of three years to be funded from the Town of Vail's General Fund. The current term of the operational contact runs to September 30, 2008. The contract had been formerly held by the Vail Valley Chamber and Tourism Bureau, which had submitted a proposal to continue operations as did the Vail Chamber and Business Association during the April-June 2005 RFP process. The decision by the Town Council to award the contract to Vail Info, Inc., was made on July 5, 2005, following a public hearing. The vote was 5 to 2 and supported a recommendation forwarded by the Visitor Information Center Committee which was formed in February 2005 to help manage the RFP process. The committee researched 16 area visitor information centers and identified six goals that would serve as the framework in the RFP selection process: 1) Business Decision Focus; 2) Fairness in Access, Representation; 3) Singular Customer Service Focus and Purpose; 4) Efriciencies; 5) Accountability; and 6) Adaptability to Changing Circumstances. (See RFP attached) The committee also clarified the purpose of the centers and recommended an operational change, which was approved by the Town Council: The purpose of the Vail Information Centers is to assist visitors with their questions and needs in a way that provides a positive impression about Vail. The interaction creates a welcoming environment where visitors feel safe to explore the •resort at their own pace-whether it is a stroll through the Villages for lunch, an impromptu activity, an overnight stay, or an interest in returning. The Visitor Centers shall dispense information featuring Vail-based tourist attractions, lodging, shops, restaurants, and other related matters in accordance with previously-approved policies. Effective October.1, 2005, the Visitor Centers wili no longer collect commissions for lodging or activities booked from the facilities. This policy change is intended to ensure fairness in access and representation on behalf of the Vail business community. The selection of Vail Info, Inc., was based largely on the company's ability to best serve the community due to its singular customer service focus and its ability to align with the Town of Vail vision and goals. 1 CONTRACT PERFORMANCE The contract to operate the Visitor Information Centers was successfully met by Vail Info, lnc., in 2005-06 with renewals occurring in 2006-07 and again in 2007-08. Vail Info, Inc., is responsible for providing monthly reports to the Town of Vail with details on visitation, bookings and other pertinent information. The reports are due the 15'h of every month detailing the previous month's activity. The reports are maintained as public records by the Town Clerk. Highlights from the operational periods are as follows: 2005 (October-December) Operational budget: $49,051, plus 6 parking passes Total operating hours: 1,245 No. of visitors served: 14,247 Overnight bookings: 208 bookings vafued at $247,320.61 Commission free revenue returned to the community: $37,098.09 Customer service rating: 97.2% avg. out of possible 100% 2006 (January-Decembec) Operational budget: $196,205, plus 6 parking passes Total operating hours: _ 5,723 . No. of visitors served: 95,260 Overnight bookings: 1,414 bookings valued at $275,641.38 Commission free revenue returned to the community: $41,346.21 Customer service rating: 92.7% avg. out of possible 100°l0 2007 (January-December) Operational budget: $198,500, plus 6 parking passes ' Total operating hours: . 5,843 No: of visitors served: 80,925 Overnight bookings: 938 bookings valued at $198,922.54 Commission free revenue returned to the community: $29,838.38 Customer service rating: 89.8°Io avg. out of possible 100% 2008 (January-April) Operational budget: $203,300, plus 6 parking passes (calendar year) Total operating hours: 1,830 No. of visitors served: 21,807 Ovemight bookings: 134 bookings valued at $46,477 Commission free revenue = returned to the community: $6,967.18 , Customer service rating: 93.5% out of possible 100% Other services provided during contract periods: ' • Collectian of brochure rack fee for promotion of approved activities and services by vendors who do not otherwise hold a valid Town of Vail business license. These fees ($300 per brochure rack and $500 per magazine rack) , 2 ~ directly offset the cost of running the information centers. Approximately $12,000 has been collected during the past three years. • Collection of stranded traveler lodging rates. • After-hours operations during emergency situations such as prolonged I-70 closures. • Assist the parking structure staff with guest ticket disputes, car lockouts and limited 'distribution of free parking coupons for those who over indulged the night before. * Shoulder season collection of open businesses list. • Assistance during special events, such as being the media outlet during the TEVA games. • Display and sales of manhole cover artwork. • Event ticket sales. . For its part, the Town of Vail has contracted with Customer Service Experts, an independent secret shopping service. The company visits each location on a monthly basis to evaluate customer service, cleanliness and staff implementation of the ; operational policies and procedures outlined by the town. DISCUSSION OF NEXT STEPS ' The purpose of the discussion on May 20 is to determine next steps as it relates to the future operation of the Visitor Information Centers. The current term of the operational contract with Vail Info, Inc., runs to September 30, 2008. Options include: • Initiate a request for proposal process with assistance•from the Visitor Information Center Committee. o. Advantages - Provides competitive bidding opportunities for interested parties o Disadvantages - Creates uncertainty with current operator re: employee recruitment, budgeting, etc. • Negotiate a new operational contract with the existing operator, Vail Info Inc. o Advantages - Provides operational continuity, solid performance o Disadvantages - Lack of competitive bidding opportunities for interested parties VISITOR INFORMATION CENTER COMMITTEE RECOMMENDATION It is the recommendation of the Visitor Information Center Committee to negotiate a new operational contract with Vail Info, Inc:, for a three-year period effective October 1, 2008. This is due to the successful performance of the company as measured by the monthly customer service evaluations as well as the overall satisfaction from the business community as evidenced by the lack of complaints when compared with the previous operator which had been criticized for operational policy lapses, such as booking lodging outside of Vail's boundaries. It is further recommended the contract provide for an annual review process with the option to renew the contract each of the three years until September 30, 2011. This option has been reviewed by the Town Attorney and is deemed to be an acceptable recommendation as it relates to the town's bidding procedures and processes for contractual services. Also, unless otherwise directed, the Visitor Information Center Committee recommends continuation of the commission-free Town Council policy enacted in 2005. 3 REQUEST FOR PROPOSALS TOWN OF VAIL INFORMATION CENTER OPERATIONS ~ ~ TWWoFV~ j : TOWN OF VAIL TOWN MANAGER'S OFFICE . 76 S. FRONTAGE ROAD, VAIL, COLORADO 81657 APR1L 20, 2006 1 , INTRODUCTION: - Vail is ranked as the No. 1 ski resort in North America and averages over 1.5 million skier visits annually. In addition, the resort's popularity as a summer destination has seen steady growth following implementation of a tax-supported marketing fund to promote visitation during the non-skiing months. The citizens of Vail rely on sales tax income from visitor spending to support municipal services and to fund amenities for guest and resident use. Since its founding in 1962, Vail has developed a reputation for innovation and excel{ence, which has resulted in exceptional experiences for guests and a high quality of life for residents. To ensure Vail's future success, a large-scale revitalization is underway totaling mare than one bi{lion doflars in public and private investment. In addition to the new infrastructure, visitor services are an important component in Vait's continuing success. The Visitor Information Centers in Vail ViAage and LionsHead, owned by the Town of Vail, have been in place for more than 30 years and serve as the first point of contact for many arriving visitors. The facilities are staffed to provide a friendly welcome and to assist with information needs, resulting in a positive impression about Vail. Over 90,000 visitors a year pass through the Vail Information Centers. Of those, approximateiy 60 percent visit the centers during the summer and 40 percent in winter. . The Town of Vail is soliciting proposals to operate and manage the Vail Visitor Information Centers beginning October 1, 2005, and continuing for a three year period. The operation will serve to further Vail's reputation for resort excellence and contribute to the municipal goals of economic vitality and prosperity for..businesses in the Town of Vail. . ' SCOPE OF WORK: The Town of Vail is seeking an operator for the Vail Information Centers best qualified to fulfill the purpose, operational standards and goals idenfified by the municipality. Purpose The purpose of the Vail Visitor lnformation Centers is to assist visitors with their questions and needs in a way that provides a positive impression about Vail. Through delivery af exceptional customer service, the interaction creates a we/coming environment where visitors fee/ comfortable exp/oRng the resort at their own pace-whether it is a strol/ through town for /unch, an intended or impromptu activity, an ovemight stay, or an intent to retum. As such, the operation will serve to further Vail's reputafion for resort excellence and contribute to the municipal goals of economic vitality and prosperity for ' businesses in the Town of Vail. 4 2 ; ; Operationa{ Standards To fulftil the customer service, information outpost purpose described above, the operator shall gather and dispense information about Vail, its attractions, events, businesses and other related matters to serve the needs of Vaii's customers. Information and services shail inciude the following: • Collect and dispense information relating to all current and future events and activities in the Town of Vail. • Co{fect and dispense information regarding the physical iayout of Vaii and provide personalized assistance with wayfinding, directions and other visitor odentation needs. . • Dispense information and provide for the free display of materials and brochures from any and all Town of Vail businesses, including attractions, lodges, shops and restaurants in accordance with the following policy: It is the policy of the Vail Visitor lnfortnatlon Centers to flrst and foremost oftr visitora . infortnation on the amenities ottered within the Town of Vail. These amenities inGude lodging, restauranta, businesses and servicss. If the guest's request does not exist within the Town of Vail, a comparable amenity within the Town of Vail should be offered. If this still does not accommodate the guest's needs, it is appropriate to offer a business withtn the Vail Valley but not within the Town of Vail fn order to disptay excellent customer senrice. h is acceptabte to ofter guest acWities that are not located within the Town of Vait when no other Vail-based optlons are avallahle. ' • Display and-distribute information in which Vail is featured in the title or content of the publication subject to approval by the Town of Vail. • Provide on-site access for lodging and activity bookings via use of computer terrninals and courtesy phones in accordance with the poticy listed below. All software used in the Visitor Centers will be restricted to Vail properties only. The Vail Vlsitor IMormatlon Center lodging policy is to facilitate inbrmatlon on lodging located within the Town of Vail. If the guest specifically reguests intortnation on Iodging outside the Town of Vail, the Visitor Center stett wIU dired the guest to a courtesy phone where the visitor can make the' necessary a?rengements on their own. Sfmilary, v)sitor aenrioes agente may facilitate bookings for act(viGes located wlthin the Town of Vail. Guest adiviNes that ase not based within the Town of Vail may also be fadlitated. As ot Odober 1, 2005, con?missions on lodging and actlvities booked from the Vail VisiMr Infortnation Centers wNl be discorrtinued. . Provide on-site facilitation of complaints, or probiems reiated to the Vail ViIlage or LionsHead parking structures via distribution of discretionary coupons: The operator shall provide intemal cbntro{s to prevent abuse. • Collect and dispense information to promote Vail's resort offerings, including the commercial business districts (Vail Village, LionsHead and West Vail), Vail Mountain, the transit system, recreational trails and paths, Fard Park, Colorado Ski Museum, Vail Golf Club, Vail Library and all other amenities within the resort. • Colleat and dispense infonnation and services to encourage and fiacilitate visitation during Vaii's revitalization. • Provide for the sale of Vail manhole cover products and other merchandise approved by the Town of Vail that serves to complement the purpose of the center. . • Provide wheel chairs in accardance with the following policy: For the comrenienoe and safety of guests visitlng VaU, both the Vail and LionsHead Visitor Centers . have a wheel chair available. These are for day use on a compfmientary basis and are to 6e retumed before the Vsitor Cerrters Gose for the day. All guesb using the wheel chair must first fiN out a chedc- out form. They should inGude their name, address, contad infortnatlon and a cxed'R card number in case the wheel chair is not retumed ar retumed damaged. If the guest !s unabte to retum the wheel chair before the Visitor CeMers doses, such as during the shortened oif-seasan hours, the Visitor CeMsr agent should make arrangemeras for tlte wheel chair to be dropped off at the designated , altemative Iocaticn: L'a Cantina RestauraM, located on the seoond level of the vllage Parking ' Strucxure. The restaurant shouid be contaded in advanoe to set up a retum tlme. j j , ; f 3 . ~ ~ , • Provide visitor center services to businesses located in the Town of Vaif in an equal and non-discriminatory fashion. • Process the fulfiIlmeM of visitor information requests in a timety and customer-friendly fashion to maximize impact on the potential customer. • Maintain staffing and hours af operation as follows: • Wnter season, 8 hours per day per center. • Summer season, 11 hours per day per center. • Spring S Fali Season, up to 6 hours per day per center with overlapping houcs maintaining a 10 a.m. to 6 p.m. combined operation. • Maximize opportunities to access visftor information on a 24/7 basis. • Maximize opportunities to coilect visitor contact information for performance measures. FACILITIES: The Town of Vail currently maintains finro Visitor Information Centers; one in Vail Village and one in LionsHead.. Vail Village Visitor fnformatlon Center The Vail ViIlage location is a 950 sq. ft. space located on the top level of the Vaii Viilage parking structure and accessed by 4 short-tertn parking spaces and 2 , handicap spaces on the east side of the building, as wefi as approximately 1,500 additional parking spaces throughout the structure: Visitors also arrive via mass transit on the north and west sides of the building and by foot from the south. The main lobby and lounge area of the center, approzimately 400 sq. ft., can accommodate up to 30 visitors at any one time. The center also houses a 100 sq. ft. vestibule area which is accessibte '24/7; a 200, sq. ft. enclosed office; and a 100 sq. ft.. storage area. Pub4ic restrooms are located nearby, beneath the transit terminal..tn 2004, 49 percent of the 91,672 Information Center visitors accessed this facility. ' LlonsHead Vlsitor Information Center The. LionsHead location is a 475 sq. ft. stand-alone space located along South Frontage Road West near the entrance to the Lion~sHead parlcing structure, which contains approximately 1,100 spaces. A tumout from the Frantage Road peovides easy, vehicular access, especially for large recxeationat vehiGes. The centec contains an open lobby, on the ground leyel and limited storage space in the 6asement below. It accommodates up to 30 visitors at any one time. Public restrooms are located on the opposite side of the parking structure to the southwest. In 2004, 51 percent of the 91,672 Information Center visitors accessed this facility. The Town of Vail will provide two facility spaces for operation of the Visitor Information Center at no charge to the contractor. Please note the possibility for future facility modifications due to plans associated w+th construction of a conference center. With the exception of one wheei chair for each location; all other fumishings and, equipment must be provided by.the operator. Any equipmerit or fumishings'purcHased with funds from the Town of Vail shal) remain in ownership with the municipality: Payment of monthly utilities are the responsibility of the Town of Vail: 4 . ~ I Building Maintenance The Town of Vail wiil maintain the Visitor Information Center building structures and fixtures in first cfass condition and respond promptly to requests for building repairs. The Town of Vail wil{ afso provide snow removal and exterior trash pick up. The contractor shall provide janitorial and other senrices necessary to maintain the interior premises in a clean and orderiy condition, to inciude window cleaning at least finrice a year. VISITOR iNFORMAT{ON CENTER GOALS: The Town of Vail has established six goals for ongoing decisions and operation of the Visitor Information Centers. These goals wil! serve as a framework in the request for. proposals format, evaluation and selection process: • Business Decision Focus ' --What's best for community and Town of Vail --Alignment with Town of Vail vision and goals • Faimess in Access, Representation --Eliminate potential for favoritism --Discontinue collection of commissions on lodging and activities --Provide visitor center services ta businesses located in the Town of Vaif in an equal non-discriminatory fashion • Singutar Customer Service Focus and Purpose --Remove possibility of conflicting roles or pofitical agendas • Efficiencies --Eliminate duplication and unnecessary expense • Accountability --Provide annual perFormance measurements as set forth by the Town of Vail: Customer Satisfaction (guests). - To what extent do VisitorCenter guests fee{ welcome and valued? To what extent do Visitor Center guests obtain the information they're looking for? To what extent is this information provided in a timely and helpful manner? . Ta what extent does the overall Visitor Center experisnce leave the guest with a positive impression of the resort? To.what extent does the experience differ from earlier perceptians? To what extent does the guest intend to retum to Vail? Customer Satisfaction (business awners) To what extent do the Visitor Centers provide services to Vail businesses in an equal non-discriminatory fashion? To what extent are the Visitor Centers operated in an efficient manner? To what extent do the Visitor Centers serve to assist the viability of the community and its individual businesses? Retum on Investment; j To what'extenf are the Visitor Cerrters serving to contribute to the Town' of Vail's economic viability, directly and indirectly? i • Adaptability to Changing Circumstances ' I 5 ~ ~ , •i 4 ~ t ! ' i E TERM: The term of the operating agreement will be for a three year period beginning Oetober 1, 2005, and continuing to September 30, 2008. COMPENSATION: Upon selection and approvai of an operating agreement for the independent contractor, the Town of Vail wiif provide compensation for fees for services in two payments during , the first year. A payment of 50 percent of the firs# year fees will be awarded on October 1, 2005; the balance will be paid.on April 1, 2006. Funding for year two and year three will be subject to annual review and appropriation by the Town of Vail. In addition to fees , for services, the Town of Vail will consider award of blue parking passes within the compensation package. ADMINISTRATIVE CONTROL OF FUNDS: Once a signed agreement is in place, the operator shall keep or cause to be kept true, accurate and complete accounting records of all business and financial transactions related to the Visitor tnformation Center operations. The operator shall provide a monthfy report of Visitor Information Center activity, • including the town's retum on investment. The report shall be due on the 15"' day of the following manth. The operator shall submit to the Town of Vail, for its review, the operator's audited financial staternent byJuly 1, 2006. The expense of.this audit shall be bome by the operator as an expense of administration. INSURANCE: The independent contractor shall carry for the term of the operating agreement the following insurance: • Comprehensive general liability insurance policy, including products liability, with limits of not less than one million dollars per occuRence and not less than finro million dollars general aggregate for bodify injury or death of any person or persons or damage to property. • Worker's Compensation and employer liability in accordance with the Workees Compensation Act of the State of Colorado. • Automobile liability (including owned, non-owned; and hired) in an amount not less than one million dollars per individual and not less than one million dollars per occurrence: RFP SCHEDULE: All proposals are to be submitted by 12 Noon, June 1, 2005. Late proposals will be rejected. ' ; ~ 6 ! ; Oral interviews of prospective contractors will be scheduled between the hours of 8:00 a.m. and 5:00 p.m. June 14. These interviews will be conducted by members of the Town of VaiF Councif Visitor Information Center Selection Committee. A written recommendation wilf be presented to Vail Town Council for consideration on June 21, 2005, and/or July 5, 2005. The Council has the option to interview prospective contractors during the two sessions. A final decision will be determined by the Town Council no later than July 5, 2005. After a priority listing of the final operators is established, ths Town of Vail will negotiate a contract with the first priority information centers operator. If agreemerrt is not reached, negotiations wilf be formalty terminated and be initiated with the second most.qualified information centers operator and, likewise, the remaining firms. A lease agreemen# for operation of the Visitor Infarmation Centers will be reviewed by the full Town Council on August 2, 2005, with an effective date of October 1, 2005. FORMAT: Town of Vail Visitor Information Center operation proposals shall be prepared using the following format in order to facilitate evaluations: Letter of Transmittal Part 1: Background, Experience and Qualifications Part 2: Proposed Business Plan Part 3: Proposed Costs Part 4: Appendices Letter of Transmittal The letter of transmittal is to be addressed to: Town of Vail Visitor Information Center Selectiori Committee c!o Town Manager Stan Zemler 75 S. Frontage Road Vail, CO 81657 This letter must contain a brief summary of the key points of the proposal and a statement that the proposal will remain in effect for 90 days after receipt by the Town of Vail. The proposat shall contain the name, address, and telephone number of an individual or individuals with authority to bind the company, who may be contacted during the period of evaluation. Part 1: Background, Experience and Qualifications Provide afl pertinent background information, including mission statement,.fnanciaf management, balance sheet, and. statement of sources and uses. Provide examples of previous experience with venfication contact infoRnation. Describe expertise as it , pertains to fulfilling the six sfated goals of the information center operations. j Part 2:. Proposed Business Ptan ~ ~ 7 ~ 1 ~ Provide a three year business plan(s) to be used to operate the centers. The proposal ~ should include 100 percent of the visitor center operational costs to include a!I personnel costs, including taxes and benefits. Also, include all administrative costs, inciuding cleaning, phone lines, office supplies, accounting, insurance requirements, etc. The business plan(s) should accommodate two circumstances with detailed narrative provided for both options in case a closure of the LionsHead location is needed to accommodate modifications to the LionsHead parking structure as a component of the Vail Conference Center project: Option 1: Two locations effective October 1, 2005 (Vail ViIlage and LionsHead) Option 2: One location effective October 1, 2005 (Vail Village) . . Include minimum staffing levels and hours of operation; a description of the services to be provided; as well as information on staff recruitment, hiring and training; management structure; and the process used for collection of performance measurement data. Additionally, describe the manner by which extraordinary customer service levels wi{I be " established and sustained throughout the contract period. The business plan should also demonstrate how the proposal specifically satisfies the town's six goal areas: 1) business decision focus; 2) faimess in access and representation; 3) singular customer service focus and purpose; 4) efficiencies; 5) accountability; and 6) adaptability to changing circumstances. Part 3: Proposed Costs Include all costs you or your organization would charge the Town of Vail to implement the above three year business plan and accomplish tlie scape of work in this request far proposal. These costs should include the following circumstancas: Option 1: Two locations (Vail Village & LionsHead) Option 2: One location (Vail Village) Additionally, the Town of Vail requests an ifemized list of costs associated with collection of annual pertormance measurement data as outlined on page 5. Part 4: Appendices: Information considered by the_ proposer to be pertinent to this project which was not specifically solicited in Parts 1 & 2 may be placed in the appendix. GENERAL CONDITIONS: : Limitation and Award . This RFP does not commit the Town of Vail to award a contract, nor to pay any costs incurred in the preparation and submission of proposals in anticipation of a contract. The Tovm of Vail reserves the right to accept or reject any or all proposals received as the result ot this request, to negotiate with alt quatified sources, or to cancel all or part of the RFP. ' The Town of Vail may choose to terminate this RFP process at any time. Eaual Emplovmerrt Oonortunitv The proposer will not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability or national origin. 8 Evaluation and Selection The Town of Vail Visitor Center Selection Committee will review the merits of the proposals in accordance with the evaluation criteria listed below. Failure to provide information requested in this RFP may resuit in disqualification of a proposat. The sole objective of the selection committee will be to evaluate the responsiveness of each proposer to the requirements of the RFP. Proposals shall be evaluated based on: • Compteteness of proposal • Background and experience • Quaiifications • Proposed business pian • Proposed cost • Ability to meet and exceed the six goals identified in the RFP 9 , M *01 W x Office of the Town Attornry 75 South Frontage Road August 30, 2007 YaiZ Colorado 81657 . 970-479 2106 FAX 970-479-2137 www.vailgov.com Re: Information Service Agreement Dear Mr. Bank: Pursuant to the Infonnation Service Agreement dated August 22, 2005 section Vill. Term the Town of Vail (the "Town) has decided to extend the agreement with your organization for an additional one year. This correspondence shall memorialize the amended agreement between the Town of Vail (the "Town") and the Vail Info., Inc ("Vail ' {nfo"), for the continued operation of a Vail Visitor Information Center. By signing befow,, Vail Info acknowledges and agrees to a one year extension. This agreement shall commence on October 1, 2007 and shall terminate on September 30, 2008. Either party may terminate this agreement by providing thirty (30) day written notice. All other provision of the above-referenced agreement not amended by the terms of this letter shall remain in full force and effect. If you are in agreement with the forgoing, please sign below. Very truly yours, ` J. Matthew Mire Town Attorne l ~ ~ 8 ~3o a~ f igned and Accepted on behalf of the Vail info., Inc. Date Robert Bank, Owner and Operator _ ~ RECYCLPD PAP6R OVAIL ToWxAugust 30, 2006 Vail tnfo, Inc. Attn: Robert Bank P.O. Box 4503 Vail, CO. 81858 Re: Town of Vail and Vail I+vfo, lnc., Infonnation Service Agreement, dated August 22, 2005 Dear Mr. Bank: Piease be advised, pursuant to Section VIII of the information Service Agreement (the "Agreement") dated August 22, 2005, the Tovm of Vaii (the °Town") has determined to extend the Agresment with Vail Info, Inc. (°Vail {nfo") for an additional one yesr term. This correspondence shatl memorialize the amended agreemerrt between the Town and Vail Info, for the confinued operation of the Vail Visitor Informatlon Centers through September 30, 2007. , By signing below, Vail Info, Inc. acknowledges and agrees to the one year extension as set forth in the Agreement, which shail commence on October 1, 2006, and shail terminate on September 30, 2007. All other provisions of the above-referenced Agreement not amended by the terms of this tetter shalt remain in full torce and effect. If you are in agreement wfth the forgoing, please sign below. very truly yours, J. Matthew Mire Town Attomey t ~ to~t-z to (o Sign6d and Accepted on behalf of the Vail Info.. Inc. Date Robert Bank, Owner and Operator - 75 South Fnontage Road . VW Colomdo 81657 • 970-479-2107/ FAX 970-479-2157 • wwru uailgou com leo ,rWsCaonAM ~ MEMORANDUM TO: . Lorelei Donaldson FROM: Tammy Nagel DATE: October 18, 2008 SUBJECT: Vall Info, Senrice Agreement Attached is a fully executed odgina) for the flre safe to extend Bobby Banks Agreement with TOV. Attachment xc: +rcKOOOOO 3a. k , INFORMA'fION SEFdVICES AGREEMENT THIS AGREEMENT is made and entered into on this 44 LAday of August, 2005, by the TOWN OF VAII,, a Colorado municipal corporatioa (the "Town") and VAIL INFO,INC., a Colorado corporation ("Vail Info'). RECTfALS WHER.EAS, the Town has a yital into-est in its economic health and sustainability; and. WHEREAS, the The Town of Vail Home Rule Charter and the Colorado Revised Statutes provide the Town with the power to appropriate money for the purpose of advertising the business, social and educational adventages, the natural resources and the scenic attractions of the Town; and ' WHEREAS, the Town has solicited proposals for ope,rators of the Town's two (2) Visitor Inforrriation Centers (the "Centers'% which are located in the Vail Village and LionsHead parking structures; and WHEREAS, the Town wishes to retain the services of Vail Info to operate and manage the Centers and to collect and dispense information to the general public related to tourist attractions, . lodging aad other related matters for the putpose of attracting incmased tourist visitation to the Town of Vail; and WHEREAS, Vail Info wishes to provide the above-referenced services for theTown subject to the terms and conditions herein. NOW, THEREFORE, in considerntion of the above premises and the mutual oovenants and agreements set forth heiein the parties agree as follows: ~ I. SCOPE OF SERVICES ' . V ail Info will maaage the Ceate.ss in accordauce with the operational staadards contained ia the Request for Proposals dated April 20, 2005, attached hereto as Exhibit and incorpwrated herein by reference . Any changes to the operational standards will occvr through consultation between Vail Info aad the Town. Vail Info agrees to perform the Scope of Services in accordanoe with the approved budget. Vail Info. Center AQmwnert 1 t r . Neither Vail Info nor its employees are authorized to accept gifts or other forms of compensatibn from any businesses as a result of Vail Info's operation of the Centers, including, but not limited to commissions for booking lodging and activities.. U. INFORMATION AND. SERVICES PROVIDED BY VAII. INFO A. Vail Info will operate the Centers located in the Vail and LionsHead parking structures. . B. The Centers will be staffed and the hours of operation shall be as set forth in the attached Exhibit B, wluch is attached hereto and made a parthereof by reference. A traffic flow report documenting visitor traffic by hours shall be supplied. The parties hereby agree to cooperate to make say adjustments in scheduling or staffing deemed necessary in order to better serve the customer, as long as such changes are within the scope of the contracted hours or arrangements made for additionat compensation by the Town. C. Vail, Info shall provide, ttuough the Centers, the following information and services to the general public. . 1. Information relating to all current and scheduled events and activities in the Town of Vail and maintain such information on the designated special events web page. 2. lnformation regarding the physical layout of the Town of Vail and directions , to the location of things and activities within the Vail resort commwuty. . 3. Display informational material and brochures for Town of Vail business license holders in the Centers, and generally act as a clearing house for all such Vail information Because the primary purpose of the Ceaters is to market and promote the assets of the Town of Vail, any publications displayed must include "Vail" in either the title of any document displayed or in the content. The Town Manager of the Town of Vail shall have sole discretion as to what advertisements and/or publications are acceptable for display in the Centers, and which comply with the "Vail Onl}~" policy discussed below. In addition, the Town shall reserve the right to deny anyone vail inro cente? Agr+aemenc 2 , , . the opportunity to display any publication or advertising material which does not further coinply with the "Vail Onl}~" policy as detennined by the Town ' Manager. 4. Vail Info shall operate a lodging reservation service for Town of Vail rentat propesties only. In operating the Centers Vail Info hereby expressly agrces that it shall not book any lodging properties outside the Town of Vail town limits as required by the "Vail Only" policy, which is attached as Exlu'bit C and incorporated herein by reference. 5. Vail Info may opetate an activities desk within the Centers for the purpose of booking activities provided by Vait area businesses. ffa non-prnfit activity or activity not found in the Town of Vail, such as horseback riding, snowmobiling or dog sledding is requested, Vail Info may dispense infrnmation and book reservations. 6. Vail Info, in consultation with the Town, will sell Town of Vail sponsored items that help to market the Town of Vail to the general public. 7. Vail Info will provide services, via the Centers, to all Vail business license ' holders in, an equal non-discriminatory fashion Vail Info apm to meet all the requirements of the applicable town, state, and federal laws respecting non-discrimination. 8. Vail Info willmaintain a daily log of all refelrals made thmugh tile Centers, which will be available for public inspection during normal business hours. . , 9. Vail Info shall fulfill tourist information requests in a timely fasluon to meet and exceed customer expectations. 10. Any materials, such as, but not limited to, visitor oriented fact sheets, walking tours, dps on how to spend a day in Vail, etc. produced for the Visitor Center shall become the. property of the Town of Vail upon teimination of this Agreement. M. CONSIDERATION The Town agcees to compensate Vail Info for its services pursuant to this Agreement as set veil UKo cenmr AAreernent 3 . forth below: The sum of ONE HUNDRED NINETY SIX THOUSAND TWO HUNDRED FNE DOLLARS ($196,205.00) payable in fow payments of FORTY IJINE THOUSAND FIFTY ONE DOLLARS AND TWENTY FNE CENTS ($49,051.25). The first installment will be paid at the time this Agreement is executed. The second, third and fourth payments will be paid on January 1, 2006, April l, 2006 and July 1, 2006. Funding for January 1, 2006 thmugh September 30, 2006, is subject to annual appropriation by the Town. The compensation provided for above shall only apply to the first term of this agceement, from October 1, 2005, to September 20, 2006, and shall not apply to renewal terms, if any. Any renewal te,rm shall be negotiated as a separate Agreement. In addition to the compensation stated above, Vail Info shall also receive: . . Six (6) - Blue Parking Passes for Vail Info esnployces; and Eigt?t (8) - Blue Parking Passes for Information Center volunteers who agree to . donate a minimwn of 80 hours during the year. IV. .2005/2006 BUDGET AND CA?PITAL IIWESTMENT Operating Revenne: Town of Vail Contract $ 196,205 Merchandise Sales $ 2,190 Total Revenue $ 198,395 Operating Expensea: Accounting $ 2,500 . Cleaning $ 5,600 Intemet access $ 1,200 Office Supplies & Postage $ 5,000 . Sfaffing (including taxes & benefits) $176,300 . Merchandise $ 1,095 TOV Required Insutance $ 3,700 Total Contract Expenses $195,395 Town of Vail will assume cost, of annual performance measurement in the form of a se,cret shopping service as well as inclusion of a customer satisfadion sarvey in the town's anuual mailing to business license holders. Vail Info will assume cost of guest satisfaction measurements. vau Info Center Agreenent 4 . . Capltal Egpenses: Furniture $3,400 Total Contract Capital Expenses $3,000 Total Contract Operating & Capital Expenses combined: . s198,395 The Town of Vail will provide the following infrashvcture: . Proprietary Booking & Referral System & 2 Public Computer stations $20,000 Internet Hosting $ 1,150 ~ IT Maintenance $ 3,333 ' Telephone $ 5,250 V. RESERVATYON AND INFOItMATYOIV SYS1'EMS A proprietary web based reservation system will be developed aad maintained by Bishop WebWorks of Edwards, CO. A separate agreement will be executed between the Town, . Vail Info and Bishop WebWorks outlining the scope, fuactionality, pricing, performance and support aspects of this system. The web site, source code, and URL will be . the property of the Town. The Town of Vail Information Technology Department will be responsible for desigmng, installing and maintaining all computer, Phone, and Intemet systems for Vail Info. In exchange for said service, all computer equiipment atid phone systems (including DID- numbers) shall remain the properiy of the Town. VI. ADMINISTRATIVE CONTROL OF FUNIDS 1. A. Vail Info sha11 keep or cause to be kept tiue, accurate and complete accounting records of all business and financial transactions relating to the aforementioned fimctions and shall make such records available to the Town upon reasonable request . therefore without delay and without expense. Vail Info agrm that the Town sha11 have the right through its duly authorized employees, agents or representatives, to , examine all pertinent records at any and all reasonable times for the purpose of vau Info Center Agreement 5 . determining compliance witli the terms of this Agreement. B. Vail Info shall provide a monthly report of bookings, detailing lodges booked and value of bookings. This report shall be due on the 15dof every month, detailing the previous month's activity. - The Town of Vail may conduct an audit of the bookings as well as the systems and pmcedures used to generate bookings. The cost of such an audit will be borne by the Town. C. Vail Info shall submit to the Town, for its review their audited financial statement by . July 1, 2006, and annually thereafter. The expense of this audit shall be paid by Vail Info as an expense of administration. VII. CHANGE IN OPERATION The Town has the right to discontinue or modify operation of the LionsHead Visitor Center facility and agree.s to give notice to Vail lnfo on or before March 1, , 2006, regarding operational status for the remainder of the ono-year contract period. If the LionsHead operation is determined to be closed or modified, the Parties agree to adjust future payments accordingly. VIII. TERM This Agceement shall become effective on October 1, 2005, and shall terminate on September 30, 2006. A six (6) month review of operations will be conducted by the Towu, and if the performance of Vail Info is determined to be unsatisfactory, in the Town's sole discretion, reasonably exercised, which shall be the Town may terminate the contract at that . time. At the end of the first term of this Agreement, if all the ternns of this Agreement have been met, tlus Agreement may be renewed for an additional ono-year term beginning October 1, 2006 and ending September 30, 2007. Vail Info shall give notice of its intent to renew, or not, at least three (3) months prior to the expiration of the first term and any renewal teim. If at the end of the first renewal term, Vail Info has met all of the terms az?d conditions of this Agreement, a second one-year term beginning October 1, 2007 and ending September 30, 2008 may be granted. The parties agree that the fee paid to Vail Info for services under any renewal term may be renegotiated by.the parties as set forth in Section III above, based upon the actual cost of operating the Centers for the initial term and/or any renewal term. vaH Ift CenEer Agreemmt 6 IX. PERSONNEL A. Vail Info agces that the principal personnel re.4ponsible for the performance of this Agceement will be Robert Bank and Mary Ellen Welch. Vail Info further agrees thst no substitute of this personnel shall be made without the prior written approval of the Town. B. Vail Info represents that its personnel engaged in this project are fiilly qualiSed and properly trained to perform the services related to this Agreement C. Vail Info will develop a strafegy to incorporate volunteer staff to supplement paid staff for the winter of 2005/2006 and beyond. X. IIVDEPENDENT CONTRACTOR Vail Info is an independent contractor, and nothing contained in tlus Agreement shall , constitute or de~signate Vail Info or any oP its employees as agents (except as expressly sex forth in this Agreement) or employees of the Town. Fwther, it is agreed that: A. The Town does not require Vail Info to work exclusively for it; B. The Town, for whom the services are to be performed, does not establish a quality standard for Vail Info except as otherwise contained herein; C. The Town may supply plans and specifications, but will not oversee the actual work ° or instruct Vail Info as to how the work will be performed, except as provided heTein; . D. The Town may terminate the Contract, by 14 days written notice without are by.Vail Info, if Vail Info violates the terms of this Agreement or fails to produce a re.4ult that meets the specifications of the Agreement; E. The Town does not provide training for Vail Info's employees or workers; F. The Town does not provide tools or benefits to complete the Agreement although materials aad equipment may be supplied; . G. The Town does not dictate the time of performance except that a completion • schedule and range of work hours may be established; H. Payment for services rendered pursuant to tlus Agreement will be made to the trade or business name of the provider of senrices rather than to the individuai; vatl lnto center Agreement 7 I. The Town does not in any way combine its business operations with those of Vail Info. VAIL INFO AS AN INDEPENDENT CONTRACTOR IS NOT ENTTTLED TO WORKERS' COMPENSATION BENEFTTS AND TgiE CONTRACTOR IS OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONIES EARNED. ~ XI. MAINTENANCE AND REPAIIL The Town owns the Centm and shall be resiwnsible for their condition, care and upkeep, and the costs associated with satne. Vail Info shall take good care of the premises and the fixtures and improvements therein, including, without limitadon, any storefront, doors, plate glass, windows, heating and air conditioning system, . plumbing, pipes . electrical wiring and conduits, and shall promptly notify the Town of problems or maintenance required which shall be performed as soon as possible at the Town's expense.. A. Vail Info Responsbilities: " 1. Provide janitorial and other services necessary to maintain the interior premises in a clean and orderly condition, to include window cleaning at least twice, and more frequent as needed, during the term of ttus Agreeinent. Such services will be paid for by Vail Info with funda provided by the Town and set forth in the Operating Budget. 2. Daily monitoring of the vestibule area to maintain a neat, orderly appeaiance and to ensure a'supply of "Vail First" brochures and publications are available. 3. Vail Info shall take good care of the premises and the fixtures and improvements therein and promptly notify the Town of Vail Facilides Mainbmanm Supecvisor at 479-2170 of any building repair needs which shall be performed as soon as possible at the Town's Expense. B.. Town Responsibilities: 1. The Town shall maintain the building structures and fixtures in first class condition and respond promptly to requests for building repairs. 2. The Town will pmvide snow removal and exterior trash pick up. 3. The Town agrees that it will fiimish at no cost to Vail Info the necessary repairs, electricity, heating, lighting and water for preinises. Vail Info Center Apreement 8 . 4. . XII. INSURANCE Vail Info shall obtain and maintain in force for the term of this Agcesment the following insurance: A. Comprehensive general liability insurance policy, including products liability, with limits of not less than one million dollars ($1,000,000.00) per occun-ence and not less than two million dollars ($2,000,000.00) general aggregate for bodily injury or death of any person or persons or damage. to properiy. All such policies sha11 contain a provision that the same may not be canceIed or materially changed or aitered without , first giving ttiirty (30) days prior writzen notice to the Town. B. Worker's Compensation and eTnployer liability in accordaace with the Worker's , Compensation Act of the State of Colorado for employees doiag work in Colorado in accordance wiih this Agreement. C. The above coverages shall be obtained fiom oompanies acceptable to the Town. Certificates of Insurance evidencing caverage shall be furnished to the Town at the time of the signing of this Agreement. The geneaal liability policy shs11 include the Town as an additional named insured by policy cndorsement. XIII. NO WAIVER ( • No waiver of any of the provisions of this Agreement shall be deemed fo constitute a waiver of any other pmvisian of this Agreement, nor sh~all such waiver constitute a continuing . waiver unless otheiwise expressly provided, nor shall the waiver of any default of the terms . of this Agreement be deemed a waiver of any subsequent default . XIV. TEItMINATION The performance of the work provided for in this Agreement may be ternunated with thirty (30) days notice, in whoIe or, from time to time, in part by the Town for its convenience. , Any such termination shall be effected by delivery to Vail Info of a vvrittea notice specifying the date upon which termination becomes effective. This Agreement may also be terminated by Vail Info with thirty (30) days notice, in whole by Vail Info for its convenience. Any such termination shall be effected by delivery to the Town of a written vatl Irfo Center AAreement 9 . notice specifying the date upon which ternnination becomes effective. In the eveat of termination, Vail Info shall be paid on a pro-rata basis for work satisfactorily comple,ted prior to the date of termination and for expenses prior to the date of termination. Upon the ' expiration or other teimination of this Agneenent, Vail lnfo slWl promptly quit and swrender to the Town the two Ceaters, broom cleaned, in good order and first class condition, ordin,aiy wear excepted. XV. JURISDICTION, VENUE AND ATTORNEYS FEES The jurisdiction and venue of any suit or cavse of action undesr this Agreement shali lie in . Eagte County, Colorado. If it becomes necessary to bring any cause of action to enforce the . terms of this Agreement, the prevailing party shallbe awarded its legal costs including reasonable attorney fees. XVI. POINT OF CONTACT Any points of contact for both parties and any notice provided for in tbis Agtecment shall be deemed given upon receipt if hand deiivered or mailed, Certified Mail, Retum Receipt Requested, to the respective parties at the addresses below: Town Manager Towri of Vail 75 S. Frontage Road Vail, Colorado 81657 . Ph. 970/479-2105 Vail Info, Inc. P.O. Box 4503 Vail, Colorado 81658 Attn: Robert Baak . Ph. 970 476-6171 XVYI. ASSIGNMENT This Agreenent is for expert services of Vail Info and may not be assigned . without the prior writtea consent of all parties to this Agreement. XVIII. COMPLIANCE WITH LAW Vail Info will not perform any of the senrices piovided specified in this Agreement coatrary to any local, state, or federal law. ` vau into Cenoar Agremen: 10 XIX. SEVERABILITY Should any section of this Agreennent be found to be invalid, all other sections shall remain in full force and effect as though severable from the part inWalidated. ' XX. IlV'I'ENTION OF THE PARTIES This Agreennaent contains the entire intention of the parties and may only be changed by a . written document signed by the parties hereto. XM. EXHIBI'1'S All Exhibits to this Agreement which are refeienced by the provisions hereof as being attached hereto are deemed incorporated herein by this reference and made a part hereof. XXIL RULES OF CON3TRUCTION The headings which appear in this Agrcement are for pwposes of convenience and reference and are not in any sense to be construed as modifying the paragraphs in which they appear. Each party hereto acknowledges that it has had full and fair opportunity to review, make comment upon, and negotiate the teims aad provisions of this Agreement, and if there arise . any ambiguities in the provisions hereof or any other circunstances which neces,sitate judicial interpretaflon of such provisions, the parkies mutually agcee dat the provisions shall not be construed against the drafting party, and waive any rule of law which would otheawise require interpretation or cons6rvccion against the intereft of the drafting party . References herein to the singular shall include the plural, and to the plural shall include the siugular, and aay reference to any one gender shall be deemed to include and be applicable to all genders. The tides of the paragraphs ia this Agreemeat are for convenience of reference only and are not intended in any way to define, limit or prescribe.the scope or intent of this Agreement. XMH. ADDITIONAL ASSURANCES The parties agrreee to reasonably cooperate to execute any addidonal documerits and to take any ~ additional action as may be reasonably necessary to carry out the purposes of this AgreemeniL van IMo center,qAreement i i . , ~ cavs~ 0OF, ~e p~~b~ ~ve . IlJ ~~ESS day ~?d Y~ ~t ~ye the O,FV~ & Cplorado corporation a ~ , VM ToO Stan o~c?,oF ~ . ~ sEAI : A~= • . 1 To~ G1+Kk BY ~ Donat °n V P`Ti' for-pm~t'c'°~iat~ a Colorado C./ ~ ~ . BY~ R ~t, gank Its: By; M~.E 'welcla , Its: 12 C-e""ac , . ~ State of Colorado ) ss: County of Eagle ) Subscribed to and affrnied before me by Robert Bank, the "Q4 f Vail Info, Inc., in the county of state of Colorado, tlus ~_~lay of 2005. ~fOUBt'c ~ 0 s zs~~' • . ; Notary Public My oommission expires LpSON, Notary Pubk My Commisslon Expires July 5, 2006 75 S. Fnontage Rosd VaN, CO 81867 State of Colorado ) ) ss: County of Eagle ) w Subscribed to and affrmed before me y Mary Ellen Welch the f Vail , Inc., in the county of state of Colorado, this ~ day vf 2005. . pUBLIC, o:'~ . . otary Public as ~~'•ti....••'~ Niy commission expires suELEi DONALDSON, Notery PubC `~'E ~ fviy Commission Expires JuOY 5, 2008 75 S. Frontage Roed Val, CO 81657 va0 Info Center Agreement 13 ; . EXHIBIT B STAFFING . Month Days October 31 10-2112-6 10 310 410 Wkends, +112 time each booth November 17 10-2N2_6 10 170 190 " Late November 13 9-5 16 208 240 " Wkends, +112 tili 18th, 2cs 19th December 31 9-5 16 496 704 - 31 January 31 9-5 .18 496 496 1 only operating hrs February 28 9-5 16 448 . 498 1 oniy opaiating hrs March 31 9-5 16 496 704. FH,Sat,Sun double April 23 9-5 46 388 432 1st 2 wkends double Late April 7 10-2112-6 10 70 70. 1 only operating hrs May 31 10-2112-6 10 310 310 1 only operating hrs June 9 10-2112-6 10 90 90 1 vnly operating hrs Late June 21 9-8 22 462 462 1 oniy operafJng hra Wkends & 4th week double, July 31 9-8 . 22 682 992 +112 rest of month August 31 9-8 22 882 966 Wkends double, thur $ fii +112 Eariy 3ePtember 7 9-8 22 154 194 double 1 wkend September 23 10-2112-6 10 230 230 1 only operating hrs Tralning 14 8 112 112 cut hrs in half to lower bbd 379.00 252 5784 7052 TOTAL MAN HOURS Booth . Hrs varl Info Center Agreement 15 , EXHIBIT C Vail Visitor Center Policies Lodging: Vail Only Policy TheVail Visitor Center's policy is to only book and offer information on lodgi.ng located within the Town of Vail. If the guest specifically requests information on lodging outside of the Town of Vail, the `Tisitor Center sta.ff may direct the guest to a phone book where they cari look up the property's phone number. - The Vail Visitor Centers are not to book any accommodations that are not located within the Town of Vail. Activities: Vail First Policy The Vail Visitor Center's policy is to first and foremost offer visitors information on the amenities and activities offered within the Town of Vail. If the guest's request does not exist , within the Town of Vail, a compara.ble amenity within the Town of Vail should be offered. If this still does not accommodate the , guest's needs, it is appropriate to offer a business within the . Vail Valley but not within the Town of Vail in order to display , excellent customer service. This does not apply to lodging. It is accepta.ble to offer guests information on activities and non- profit events that are not based within the Town of Vail. The Visitor Center Staff may give directions to locations outside of the Town of Vail when specif cally requested by the guest. vatt iMo Center aprement 16 ~ ~ MEMORANDOM To: Town Councii From: Art in Public Places Date: May 20, 2008 Subject: Art in Public Places Summer Exhibition, Bronze Pour and Workshop Summary of Art in Public Places Summer Exhibition Program The Town of Vail Art in Public Places program was established in 1989 to enhance the beauty of the community. Each summer, AIPP Iiolds a sculpture exhibition in Ford Park between the Old School House and the Picnic Pavilion. The exhibition includes sculptures by local and regional artists working in a variety of styles and mediums. Artists lend their work to the Town and are compensated for insurance, transportation and installaiion expenses. This year, five sculptures by artist James G. Moore, a Colorado artist, will be featured. Moore makes large scale bronze bells embellished witli scenes of wildlife. Background In past years the summer exhibition has included an educational component. AIPP fias offered informational lectures, usually given by the artists. These events attracted a small number of people. This year, in order to bring greater enjoyment to the community and stimulate economic vitality via the visual aris, AIPP is collaborating wiih Betty Ford Alpine Gardens, the Vail Jazz Foundation and Bravo to celebrate the exhibition and the Alpine Gardens 20"' Anniversary with an event titled Bells and Butterflies. Bells and Butter(lies will be held on June 30 and includes the opportunity to ineet the artist and ring ihe bells, a "Painted Lady" butterfly launcfi, a Plein Air painting contest, Bravo's instrument zoo and an educational Jazz component. The afternoon culminates with Mayor Dick Cleveland officially opening the newly named Beity Ford Way followed by a private reception for the artist and AIPP supporters at the Old School House. AIPP has identified an additional opportunity for the visual arts this summer that will excite residenls and guests. Following the success of the Heavy Metal Weekend in January, AIPP would like to hold a suinmer sculplure workshop and bronze pour. The workshop, a family event, would give people the opportunity to make their own bells similar to those in the exhibition. Sculptures made in ifle workshop would then be cast at a "bronze pour" held in Ford Park. The wor-kshop and bronze pour, a visually exciting event, would take place on July 23. The event sfiould capture the interest of ihose leaving the Bravo Concert and others looking for an evening activity. In addition to casting bells made in the workshop, AIPP will cast bells witfi the Vail logo that can be sold to raise funds for the program. AIPP would again collaborate with the Vail Symposium, wlio were kcy to the success of the Heavy Metal workshops. Vail Symposium advertised the event to their supporters, handled registration and processed credit cards for the workshop, tlius reducing the Town's output of resources. Funding for the Event The Surnmer Exliibition, with a bronze pour and worksfiop will cost $14,945. AIPP budgeted $7,000 for the exhibition only. Sponsors have contributed $2,400 to the summer event. AIPP estimates that $2,500 can be raised via the sale of bronze bells with the Vail logo Income from the workshop should raise approximately $500. AIPP requires and additional $2,545 to fund the project. The AIPP 2008 budget has a line item titled Acquisition/Project Fund. The Board would use the Acquisition/Project Fund to pay the remaining cost,of the project. ' Description of Request Art in Public Places is requesting tliat the Town Council approve the expenditure for the Summer'Exhibition, Workshop and Bronze'Pour. Documentation AIPP Budget Surrimer of Sculpture Budget . . e AIPP 2008 Budget- Proposecl i„odific(l r-el) c b,;ed ot, rau ~orw,,id Jan 1, 2008 - Dec 31, 2008 Revenue Operaling funcf $68,892 RETT 75,000 Actuzil and estimated manhole cover income 15,£366 Windmill Project fundraising Other fundraising Roll (orward from previous years 92,£302 Temporary Art Program Total funds available $252,560 EXPENSES SaIaries $37,739 E3cnefits 15,209 f3oard operating expenses and supplies 1,000 E3rocfiure delivery 1,500 Professional development 920 Pro(essional fees for new board initiatives 2,500 Cell phone usage 500 Maintenance, all bronze, iransformers 7,670 Renovate Exuberance 17,500 Web site development/maintenance 3,024 Public art brocliures 5,000 Public art signage for VV/LH/Parks 5,000 Summer event or speaker Ford Park Temporary Art Exhibition 7,000 Art Symposium 10,000 Coloring E3ook Update and PrintincJ 1,000 Conimunity Education Program 1,500 Integrated art/street furniture 8,000 Iron Pour 14,096 Red Szandstone playground design fee 5,000 Rclocation o( LH parking slructure art 26,729 Meadow Drive L=nlry Feature 35,000 Acquisition/ Pr.o'ect:Fund , .._....,1.,. . . : . . _.,.4_....._,_, M ..6~..~~. . : TOTAL $252,560 T Art In-Public Places Summer of Sculpture 2008 Artist: James G Moore Exhibition, Workshop, Bronze F'our Ford f'ark Exhibition expenses If1SlallBllOfl eXpet1SeS including accommodnlion for artisl $900 E3ravo ad, 1/11 page color 760 Vail Daily nds (2) pLiblic event 170 Gr;iphic design £300 . 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Comerstone Building ls to be tabled to the re ular meetin g g . , of June 3. 20080 A r' MEMORANDUM TO: Vail Town Council . , FROM: Community Development Department DATE: May 20, 2008 SUBJECT: First reading of Ordinance No. 13, Series of 2008, an Ordinance amending Chapter 12-2, Definitions, Article 12-7G, Heavy Service District, Chapter 12-14, Supplemental Regulations, and Chapter 12-16, Conditional Use Permits, Vail Town Code, to allow for sexually oriented businesses as a conditional use in the Heavy Service District, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Rachel Friede 1. DESCRIPTION OF REQUEST The applicant, the Town of Vail, is requesting a first reading of Ordinance-No. 13, Series of 2008, an Ordinance amending Chapter 12-2, Definitions, Article 12-7G, Heavy Service District, Chapter 12-14, Supplemental Regulations, and Chapter 12-16, Conditional Use Permits, Vail Town Code, to allow for sexually oriented businesses as a conditional use in the Heavy Service District; and setting forth details in regard thereto. The Vail Town Council can choose to approve, approve with modifications, or deny Ordinance No. 13, -Series of 2008, on first reading. Based upon Staff's review of the criteria outlined in Section V of the Planning and Environmental Commission memorandum dated May 12, 2008 and the evidence and testimony presented, the Community Development Department recommends the Vail Town Council approve Ordinance No. 13, Series of 2008, subject to the findings noted in Section III of this memorandum. . II. BACKGROUND On May 6, 2008, the Vail Town Council unanimously approved Ordinance No. 11, Series of 2008, upon first reading. Ordinance No. 11, Series of 2008 established licensing requirements for sexually oriented businesses with amendments to Title 4, Business and Licensing Regulations, Vail Town Code. Ordinance No. 13, Series of 2008, includes proposed text amendments to Title 12, Zoning Regulations, Vail Town Code, that establishes sexually oriented businesses as a conditional use within the Heavy Service (HS) Zone District. On May. 12, 2008, the PI'anning and Environmental Commission voted unanimously to recommend approval of the proposed text amendments to the Vail Town Council. 1 ; III. STAFF RECOMMENDATION The Community Development Department recommends that the Vail Town Council approve Ordinance No. 13 Series of 2008, an ordinance amending Chapter 12-2, Definitions, Article 12-7G, Heavy Service District, Chapter 12-14, Supplemental Regulations, and Chapter 12- 16, Conditional Use Permits, Vail Town Code, to allow for sexually oriented businesses as a conditional use in the Heavy Service District, 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 May 12, 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 13, Series of 2008, with the following findings incorporated: "1. That the amendments are consistent with the applicable elements of the adopted goa/s, objectives,; and policies outlined in the Vail Comprehensive Plan and is compatib/e with the development objectives of fhe 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 that conserves and enhances its natura/ environment and its established character as a resort and residential community of the highest quality." IV. ATTACHMENTS A. Ordinance No. 13, Series of 2008. B. PEC memo dated May 12, 2008 C. PEC minutes dated May 12, 2008 (in part) 2 ATTACHMENT A ORDINANCE NO. 13 ' . SERIES OF 2008 AN ORDINANCE FOR PRESCRIBED REGULATION AMENDMENTS TO CHAPTER 12-2, DEFINITIONS, ARTICLE 12-7G, HEAVY SERVICE DISTRICT, CHAPTER 12-14, SUPPLEMENTAL REGULATIONS, AND CHAPTER 12-16, CONDITIONAL USE PERMITS, VAIL TOWN CODE, TO ALLOW FOR SEXUALLY ORIENTED BUSINESSES AS A CONDITIONAL USE IN THE HEAVY SERVICE DISTRICT, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on May 12, 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 that sexually oriented businesses produce adverse secondary effects on the public health, safety and welfare; and WHEREAS, such adverse secondary effects include increased rates of certain crimes, including prostitution, robbery, assault, theft, loitering, pandering and public intoxication, the spread of sexually transmitted diseases, the debasement of both men and women, a decrease in property values for surrounding properties, and noise, parking and traffic problems; and WHEREAS, such adverse secondary effects occur most often in the areas immediately surrounding such businesses; and WHEREAS, the Town Council, in enacting this ordinance, expressly relies on the findings of the 10th Circuit Court of Appeals in Z.J. Gifts D-2, LLC v. City of Aurora, 136 F.3d 683 (10t" Cir. 1998), reversed on other grounds at 311 F.3d 1220 (10th Cir. 2002), reversed at 541 U.S. 774 (2004), and Essence, Inc. v. City of Federal Heights, 285 F.3d 1272 (10th Cir. 2002), concerning the adverse secondary effects of sexually oriented businesses on communities in Colorado and elsewhere; and WHEREAS, the Town Council, in enacting this ordinance, expressly relies on the findings of the United States Supreme Court in City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002), Renton v. P/aytime Theatres, Inc., 475 U.S. 41 (1986), and Boos v. Barry, 485 U.S. 312 (1988), concerning the adverse secondary effects of sexually oriented businesses on surrounding areas; and WHEREAS, to reduce the adverse secondary effects caused by sexually oriented businesses in the Town, the Town Council deems it appropriate and necessary to amend its current regulations and to adopt new regulations for sexually oriented businesses. Ordinance No. 13, Series of 2008 ~ NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-2-2, Vail Town Code, is hereby amended as follows: SEXUALLY ORIENTED BUSINESS: An adult arcade,. adult store, adult cabaret, adult motion picture theater- or adult theater, except an establishment where a medical practitioner, psychologist, psychiatrist or similar professional licensed by the State of Colorado engages in approved and recognized sexual therapy. Section 2. Section 12-713-3, Vail Town Code, is hereby amended as follows: 12-713-3: 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: Animal hospitals and dog kennels. Automotive service stations. Building materials stores. Business offices. ' Commercial laundry and cleaning services. - Corporation yards. Machine shops. Motor vehicle sales and services. . Repair garages. Repair shops: Seasonal plant product business. Sexually Oriented Businesses. Ski lifts and tows, and accessory dwelling unit for service personnel. Tire sales and services, including retreading and recapping. Transportation businesses. ' Trucking-terminals and truck service stations. 'Warehouses. Woodworking and cabinet shops. Accessory uses customarily incidental and accessory to the conditional uses set out in this section and necessary for the operation thereof. Ordinance No. 13, Series of 2008 2 Additional commercial services determined to be similar to the conditional uses set out in this section in accordance with the provisions of section 12-3-4 of this title. Section 3. Section 12-16-7, Vail Town Code, is hereby amended to add new Section 12716-7A-16, Vail Town Code, to read as follows: 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS: The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by section 12-16-6 of this chapter. A. Uses And Criteria: 12-16-7A-16: Sexually oriented businesses. 1. Sexually oriented businesses shall be located a minimum of five hundred feet from any: a. Religious Institution b. Public park c. Library d. State-licensed day care facility; e. School or educational_facility serving persons under eighteen years of age; or f. Any other sexually oriented business. 2. The distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. Distance • between any sexually oriented business and any religious institution, school or public park shall be measured in a straight line, without regard to intervening structures, from the nearest portion of the structure used for the sexually oriented business to the nearest property line of the religious institution or school, or the nearest boundary of the public park. 3. Sexually explicit advertisements or other promotional displays for sexually oriented businesses that are harmful to minors shall not be visible to minors from pedestrian ways, walkways or other public areas. 4. Sexually oriented businesses shall obtain a license pursuant to Title 4, Business and License Regulations, Vail Town Code, as a condition of approval for a conditional use permit. . Ordinance No. 13, Series of 2008 3 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. Section 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health,.safety and welfare of the Town of Vail and the inhabitants thereof. 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 repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED,' AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of May, 2008 and a public hearing for second reading of this Ordinance, set for the 3`d day of June, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelai Donaldson, Town Clerk Ordinance No. 13, Series of 2008 4 , ATTACHMENT B MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: May 12, 2008 SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulation amendments to Chapter 12-2, Definitions, Article 12-7G, Heavy Service District, Chapter 12-14, Supplemental Regulations, and Chapter 12-16, Conditional Use Permits, Vail Town Code, to allow for sexually oriented businesses as a conditional use in the Heavy Service District, and setting forth details in regard thereto. (PEC080005) Applicant: Town of Vail Planner: Rachel Friede 1. SUMMARY The applicant, Town of Vail, is requesting the Planning and Environmental Commission forward a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapter 12-2, Definitions, Article 12-7G, Heavy Service District, 1 Chapter 12-14, Supplemental Regulations, and Chapter 12-16, Conditional Use Permits, Vail Town Code, to allow for sexually oriented businesses as a conditional use in the Heavy Service District, and setting forth details in regard thereto. Based upon Staff's review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town -Council for the proposed text amendments, subject to the findings noted in Section VI of this memorandum. II. BACKGROUND Sexually oriented businesses (SOBs) receive a number of protections under the First Amendment of the United States Constitution and the corresponding provision of the Colorado Constitution. Indeed, the First Amendment dictates that a municipality must allow SOBs to locate somewhere within a Town's jurisdictional boundaries in order to avoid a constitutional challenge. The Vail Town Code does not currently permit SOBs to locate anywhere within the Town limits. Nude dancing and similar sexually oriented conduct has been deemed to be expressive conduct that is protected by the First Amendment. While such conduct is not considered "core" First Amendment speech, the regulations governing such businesses must be . content neutral and must take the form of time, place and manner restrictions. On April 15, 2008, the Vail Town Council requested that Staff prepare an ordinance to Ordinance No. 13, Series of 2008 ~ J address the lack of sexually oriented businesses being identified as a specific land use in any of the zone districts within the Town's,boundaries. There are finro parts to the regulations being proposed that will regulate SOBs. The first is the licensing regulations that place content neutral requirements on time, place and manner of SOBs. Part 1 amends Title 4 of the Code by the addition of a new Chapter 12 governing business licenses for SOBs. This part was in an ordinance that was passed by the Vail Town Council upon first reading on May 6, 2008, provided as Attachment A. The section that is being presented to the' PEC is the amendments to the Zoning Regulations in order to allow for SOBs as a conditional use in the Heavy Service District. The amendments also place specific criteria on SOBs as a conditional use, more specifically to where SOBs may be placed in relation to schools, churches, state licensed day care facilities, and other sexually oriented businesses. The proposed text amendments will require a 500 foot buffer between SOBs and these uses. Requiring a buffer between two SOBs will ensure that multiple SOBs do not create an agglomeration economy, which is when an area becomes a haven for a specific type of use, thus generating more traffic and potentially negative impacts. Five hundred feet was specifically chosen because this distance has been tested in multiple municipalities and is considered an adequate distance to buffer uses. According to legal advice on SOBs based on regional and federal court decisions, SOBs must be a permitted or conditional use in at least one zone district in order to allow for the use.somewhere within- a jurisdiction. After reviewing the purpose statements of all of the zone districts, SOBs fit best with the industrial uses of the Heavy Service District. HS District is comprised of the three gas station properties within Vail and is specifically intended as a district for uses not appropriate elsewhere. A map showing Heavy Service District locations is provided in Attachment B. - • III. DESCRIPTION OF THE REQUEST Staff is requesting that the following changes be made to Title 12: TITLE 12: ZONING REGULATIONS CHAPTER 2: DEFINITIONS: 12-2-2: DEFINITIONS, ENUMERATED: SEXUALLY ORIENTED BUSINESS: An adult arcade, adult store, adult. cabaret, adult motion picture theater, or adult theater, except an establishment where a medical practitioner, psychologist, psychiatrist or similar professional licensed by the State of Colorado engages in approved and recognized sexual therapy. 12-7G: HEAVY SERVICE DISTRICT 12-7G-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: Animal hospitals and dog kennels. Automotive service stations. Building materials stores. Ordinance No. 13, Series of 2008 2 : Business offices. Commercial laundry and cleaning services. Corporation yards. Machine shops. Motor vehicle sales and services. Repair garages. Repair shops. Seasonal plant product business. Sexually Oriented Businesses. Ski lifts and tows, and accessory dwelling unit for service personnel. Tire sales and services, including retreading and recapping. Transportation businesses. • Trucking ;terminals and truck service stations. Warehouses. Woodworking and cabinet shops. Accessory uses customarily incidental and accessory to the conditional uses set out in this section and necessary for the operation thereof. ~ Additional commercial services determined to be similar to the conditional uses set out in this section in accordance with the provisions of section 12-3-4 of this title. 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS: The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by section 12-16-6 of this chapter. A. USES AND CRITERIA: 12-16-7A-16: SEXUALLY ORIENTED BUSINESSES. 1. Sexually oriented businesses shall be located a minimum of five hundred feet from any: a. Church, public park or library; b. State-licensed day care facility; . c. School or educational facility serving persons under eighteen years of age; or d. Any other sexually oriented business. 2. The distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. Distance between any sexually oriented business and any church, school or public park shall be measured in a straight line, without regard to intervening structures, from the nearest portion of the structure used for the sexually oriented business to the nearest property line of the church or school, or the nearest boundary of the public park. . 3. Sexually explicit advertisements or other promotional displays for sexually oriented businesses that are harmful to minors shall not be visible to minors from pedestrian ways, Ordinance No. 13, Series of 2008 3 a walkways or other public areas. 4. Sexually oriented businesses shall obtain a license per Title 4, Vail Town Code, as a condition of approval for a conditional use permit. IV. APPLICABLE PLANNING DOCUMENTS TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE (in part) 12-1-2: PURPOSE " ' . A. General: These regulations are,enacted for the purpose of promoting the health, safety, morals, and general welfare.of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its. natural environment and its established character as a resort and residential community of high quality. 8. Specific: These regulations are intended to achieve the following more specific - purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, f/ood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. . 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities anci economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. . 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desicable natural features. 10. To assure adequate open space, recreation opportunities, an"d other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. 12-7G: HEAVY SERVICE (HS) DISTRICT 12-7G-1: PURPOSE: The heavy service district is intended to provide sites for automotive oriented uses and for commercial service uses which are not appropriate in other commercial districts. Because of the nature of the uses permitted and their operating characteristics, appearance and potential for generating automotive and truck traffic, all uses in the heavy service district are subject to the conditional use permit procedure. In granting a conditional use permit, the planning and environmental commission or the town council may prescribe more restrictive development standards than the standards prescribed for the zone district in order to protect adjoining uses from adverse influences. 12-3-7: AMENDMENT.' C. Criteria and Findings: 2. Prescribed Regulations Amendment. Ordinance No. 13, Series of 2008 4 . a. Factors, Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town • council shall consider the following factors with respect to the requested text amendment: (1) The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and ' (2) The extent to which the text amendment wou/d better imp/ement and better achieve the applicab/e e/ements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the deve/opment objectives of the town; and (3) The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regu/ation is no longer appropriate or is inapplicable; and , (4) The extent to which the text amendment provides a harmonious, convenient, workab/e relationship among /and use regu/ations consistent with municipal ' development objectives; and (5) Such other factors and criteria the commission and/or council deem applicab/e to the proposed text amendment. 12-23-1: PURPOSE AND APPLICABILITY A. The purpose of this chapter is to ensure that new commercial deve/opment and redevelopment in the town provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such commercial deve/opment and redeve/opment. 12-24-1: PURPOSE 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 reasonab/e amount of employee housing to mitigate the impact on emp/oyee housing caused by such residentia/ deve/opment and redevelopment. V. REVIEW CRITERIA Staff believes these text amendments are in accordance with the purpose and intent of , Titles 12, Zoning Regulations, and are in the public interest and serve to improve the Code. The review criteria and factors for consideration for a request of a text amendment to Title 12, are established in accordance with the provisions of Chapter 12- 3, Vail Town Code. 1. The extent to-which the text amendment furthers the general and specific purposes of the Zoning Regulations; and, Staff believes the proposed text arriendments further the general and specific purposes of the Zoning Regulations by conserving and maintaining established , community qualities, and ensuring a workable relationship among land uses. By specifying a zone district for SOBs, the Town is assured that SOBs will not occur in the general commercial zone districts, specifically in the commercial cores where a family oriented mixed use theme exists today. With SOBs in Heavy Service only, the use is isolated among industrial uses where an SOB will have Ordinance No. 13, Series of 2008 5 ~ ~ limited negative effects. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and, Staff believes the proposed text amendments further the goals of the Vail Village Master Plan and the Lionshead Redevelopment Master Plan generally by not allowing SOBs as a use in those subareas. It is essential to the character of the commercial cores that they remain free of SOBs. It is also furthering the goals within the Vail Land Use Plan to retain the original character of the commercial ' cores. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; : and, The text amendments reflect the changing legal environment surrounding SOBs. A recent court battle occurred in Frisco, Colorado when an applicant challenged the Town over a sudden SOB moratorium after he attempted to apply for an SOB in the downtown historic district. Ultimately, Frisco won and the SOB was denied, but the court battle was costly and embarrassing-, and shed light on the need for other municipalities to regulate SOBs. 4. The extent to which the text amendment provides a harmonious, convenient, workable. relationship among land'use regulations consistent with municipal development objectives. , Staff believes the proposed text amendments provide a workable relationship among land uses because the amendments seek to isolate SOBs within one zone district rather than allow them throughout the town in zone districts that are inappropriate for this use. VI. STAFF RECOMMENDATION • The Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulation amendments to Chapter 12-2, Definitions, Article 12-7G, Heavy Service District, Chapter 12-14, Supplemental Regulations, and Chapter 12-16, Conditional Use Permits; Vail Town Code, to allow for sexually oriented businesses as a conditional use in the Heavy , Service District, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to recommend approval of these text amendments, Staff recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of . approval to the Vail Town Council for the Town of Vail's request for a prescribed regulation amendments to Chapter 12-2, Definitions, Article 12-7G, Heavy ~ Ordinance No. 13, Series of 2008 6 Service District, Chapter 12-14, Supplemental Regulations, and Chapter 12-16, Conditional Use Permits, Vail Town Code, to allow for sexually oriented businesses as a conditional use in the Heavy Service District, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to recommend approval of these text amendments, the Department of Community Development recommends the Commission makes the following findings part of the motion: "Based upon the review of the criteria outlined in Section V of this Staff memorandum to the Planning,and Environmental Commission dated May 12, 2008, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and, 2. That the amendments further the general and specific purposes of Zoning Regulations; and, 3. That the amendments promote the health, safety, mora/s, and general welfare of the Town and promote the coordinated and harmonious deve/opment 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." VII. ATTACHMENTS A. Ordinance No. 11, Series of 2008 (Omitted for Town Council Packets) B. Heavy Service District Map Ordinance No. 13, Series of 2008 7 GU . - ~ ~ . ~ ~ U Heavy Service Zoning District (HS) ~ ~ . - , p P" ytp .{fa :1"'> t ,Y*' ,r 7A+11~. ~ ~ `$9' it,. ` ~ ~ y . , • , 1,~ n. ~ "S u rj . , ~ ' . ~vft~MOW gwd" ~ . ' i •A?' { "'K`k.'-'x !i . .1, /o c " FheeR Af' . ~tV ^ d h ~ t F Town of VaB a n, ~ ~ ~ 7~ ~ rll • `N f/) . ? - ' r ' ~Heavy Service Zoning District(HS) ~ N,~~ ,,.~raWaoaaN~goaao+ 6 < § . ~ C m~aa~a~er~~Thsw~aimM:wdt~?. raaurrsswr?eos~*JMwrtah. m ~ C LasfMa50ed FebrumyM,2008 'o . 0