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HomeMy WebLinkAbout2008-05-20 Support Documentation Town Council Evening Session PART 2 OF 4 ATTACHMENT C TDWNOf VA~ ' PLANNING AND ENVIRONMENTAL COMMISSION RESULTS (IN PART) May 12, 2008 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Rollie Kjesbo David Viele Michael Kurz Bill Pierce Sara Robinson-Paladino Scott Proper Susie Tjossem 30 Minutes 3. 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 ACTION: Recommendation of approval MOTION: Kjesbo SECOND: Proper VOTE: 6-0-0 Rachel Friede made a presentation per the Staff memorandum. Commissioner Pierce asked whether the three lots in Heavy Service are at least 500 feet from each other, per the proposed requirements. Rachel Friede answered that the lot on the south side of the highway is more than 500 feet from the other two lots, while the two lots next to the West Vail North roundabout could potentially have businesses within 500 feet of each other. Commissioner Kurz asked if the licensing regulations were boiler plate and had been tested for accuracy. Town Attorney Matt Mire stated that the licensing requirements had been tested by the court system. He further asked if this regulation change resulted in a de facto ban on SOBs as the properties are currently gas stations and highly utilized. Matt Mire, Town Attorney, stated that the courts have required that at least one lot exist that meets the criteria, but that this lot does not necessarily have to be vacant for immediate use. Commissioner Tjossem asked about the proximity of the Heavy Service District to properties zoned residential. Rachel Friede explained that because of existing conditions within the Town, it was difficult ' to regulate the distance between SOBs and residential uses, because even a short distance could preclude any of the lots from being available for SOBs. Commissioner Robinson-Paladino asked if the 500 foot distance could be increased. Matt Mire said he would look into whether or not it could be increased, but that the 500 feet was a tested distance by the courts. Ordinance No. 13, Series of 2008 ~ MEMORANDUM TO: Town Council • FROM: Community Development Department DATE: May 20, 2008 , SUBJECT: Ordinance No. 1, Series of 2008, an ordinance amending Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. Applicant: Town of Vail, Represented by Nina Timm, Housing Coordinator. . Planner: Bill Gibson 1. DESCRIPTION OF THE REQUEST The applicant, Town of Vail, is requesting a second reading of Ordinance No. 1, Series of 2008, for text amendments to Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. The Planning and Environmental Commission requested that Staff prepare text amendments to articulate the Town's prioritization of the employee housing mitigation methods and to clarify the basis upon which an employee housing plan should be evaluated. Based upon input and direction from the Vail Local, Housing Authority at their December and February meetings, and from the Town Council at their January retreat, and the Planning and Environmental Commission; Staff has drafted proposed text amendments that prioritize the Inclusionary Zoning and Commercial Linkage mitigation methods and establish a set of review criteria for evaluating a housing plan. Staff has taken this opportunity to also address numerous minor °code clean-up" items relevant to the Inclusionary Zoning and Commercial Linkage regulations. I1. BACKGROUND At its December 11, 2007, public hearing, the Planning and Environmental Commission directed Staff to bring foruvard recommendations for amendments to Chapters 12-23;. Commercial Linkage, and 12-24, Inclusionary Zoning, to better define the Commission's role in reviewing Employee Housing Plans and to clarify the priority of the five approved mitigation methods. The Vail Local Housing Authority discussed the Commission's request at their December 12, 2007, meeting. The Authority determined that the on-site mitigation method is the highest priority and forwarded a recommendation that no • less than one-half (1/2) the required employee housing required mitigation be on- site for new constnaction and demo/rebuild projects. 1 ~I The Commission discussed this recommendation and numerous other issues related to employee housing at its January 14, 2008, public hearing. . At the Town Council's January 22, 2008, Council Member retreat and again at its subsequent public hearings, the Town Council indicated that providing on-site units is the most desirable employee housing mitigation method and fee-in-lieu is the least desirable method, except when necessary to address partial requirements. The proposed amendments to the Commercial Linkage and Inclusionary Zoning standards were discussed by the Planning and Environmental Commission at its February 11, 2008 public hearings. The proposed amendments to the Commercial Linkage and Inclusionary Zoning standards were discussed by the Vail Local Housing Authority at its February 14, 2008, meeting. On February 25, 2008, the Planning and Environmental Commission voted 4-3-0 (Gunion, Proper, and Viele opposed) to forward a recommendation of approval, with. modifications, for text amendments to the Commercial Linkage and . Inclusionary Zoning employee housing mitigation requirements. In summary, the Vail Local Housing Authority and the Planning and Environmental Commission are both recommending that no less'than one-half ('/z) of the employee housing mitigation requirements for new and demo/rebuild projects be provided by °on-site units". ' The remaining one-half ('/z) of the employee housing requirements for such projects, and the entire requirement for all other types of applicable development projects, would be addressed through~ any combination of the five available mitigation methods (i.e. on-site units, conveyance of property on-site, off-site units, conveyance of property off-site, payment of fee-in-lieu). Developers will be allowed to select the mitigation method, or methods, that are most advantageous to their circumstances when presenting an Employee Housing Plan to the Town • for review. ' Numerous clarifications and "clean-ups" to the Commercial Linkage, Inclusionary Zoning, and several other related regulations have also been incorporated into the proposed ordinance. The "clean-ups" do not create any substantive policy changes. . On March 18 and April 15, 2008, the Town Council held work sessions to discuss the proposed amendments. . On May 6, 2008, the Town Council approved the first reading of Ordinance No: 1, ~ Series of 2008, by a vote of 7-0-0. At the CounciPs May 6th hearing, individual members of the Council requested Staff: • Provide a list of those projects already in the Town's development review process that would be exempt from to the proposed regulations; and, 2 ~Staff has attached a Construction Overview Map (Attachment B) and an Affect of Ordinance No. 1 on Currently Recognized Development Projects Map (Attachment C) for reference. Based upon the Affect of Ordinance No. 1 Map the anticipated development projects subject to these on-site EHU requirements include the Ever Vail, Concert Hall Plaza, Lionshead Center, Vail 21, Lionshead Arcade, Lionshead Parking Structure, Lodge at Lionshead, Evergreen Lodge, and the Vail Valley Medical Center. The regulations will also apply to any non- employee housing component of Timber Ridge and the Chamonix Site. • Consider adopting a formal policy related to inactive development review applications; and, Once a complete development application has been submitted and accepted by the Community Development Department, that application is considered active or . pending until such time as a final decision has been made on that application, the application is withdrawn by the applicant, or Staff determines the application is in- active and therefore void. The determination that an application is in-active is a subjective matter determined by Staff on a case-by-case basis. It is not uncommon for applications to be tabled at the request of either Staff or the applicants themselves to better facilitate the review process; therefore, Staff does not recommend establishing a prescriptive standard establishing when an application is determined in-active. • Prepare options for a cap (maximum) on the proposed parking reductions for EHUs; and, The proposed. amendments to the Commercial Linkage and Inclusionary Zoning regulations include a provision to allow the reviewing body to consider a request for reductions in the parking requirements for employee housing units. This provision of Ordinance No. 1 has been written with the same language as the regulations currently prescribed in the Housing (H) District which do not establish a maximum reduction or minimum requirement. This provision was not applied to the Middle Creek employee housing project; however, a 25% parking reduction was recently approved for the EHUs in the Solar Vail project. Additionally, pursuant to Section 12-10-20, Special Review Provisions, Vail Town Code, a maximum 25% parking reduction may be requested for any development •(not exclusively for employee housing units) that can demonstrate unique paricing characteristics. Therefore, should the Council choose to amend Ordinance No. 1, Series of 2008, on second reading to include a maximum, parlcing reduction; Staff recommends the Council considers a maximum reduction of 25%. • Consider amendments to allow the Town Council the ability to waive employee housing requirements for non-profit organizations. Should the Council choose to further pursue such a policy change, Staff recommends these amendments be reviewed under separate application with review and recommendation by the Planning and Environmental Commission in a public hearing format. Staff does not recommend amending Ordinance No. 1 on second reading to exempt non-profit applicants from the employee housing 3 ~ mitigation requirements of Commercial Linkage or Inclusionary Zoning. Since development generates employees whose impacts must be mitigated regardless of who the developer/applicant is; Staff believes all development (for-profit, non- profit, and govemment) should be regulated equally. III. STAFF RECOMMENDATION The Community Development Department recommends the Town Council approves Ordinance No. 1, Series of 2008, on second reading to amend Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria related to mitigating employee housing requirements, and setting forth details in regard thereto. Should the Town Council choose to approve these text amendments, the Community Development Department recommends the Town Council pass`,the following motion: "The Town Council approves, on second reading, Ordinance No. 1, Series of 2008, an ordinance amending Chapters 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards and criteria re/ated to mitigating employee housing requirements, and setting forth details in regard thereto." Should the Town Council choose to approve Ordinance No. 1, Series of 2008, on second reading, the Community Development, Department recommends the Town Council makes the following findings: "1. That the amendments are consistent wifh the applicab/e e/ements of the adopted goa/s, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the deve/opment objectives of the Town, based upon Section VI of the Staff memorandum dated March 10, 2008, and the evidence and testimony presented; and, 2. That the,amendments further the general and specfflc purposes of Zoning Regulations, based upon Section VI of the Staff memorandum dated March 10, 2008, and the evidence and testimony presented;, and, 3. That the amendments promote the healfh, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon Section V/ of the Staff inemorandum. dated March 10, 2008, and the evidence and tesfimony presented. " V. ATTACHMENTS ' Attachment A: Ordinance No. 1, Series of 2008 Attachment B: Constnaction Overview Map Attachment C: Affect of Ordinance No. 1 on Currently Recognized Development Projects. Map 4 s:. Town Council Attachment-A ORDINANCE NO. 1 . SERIES.2008 AN ORDINANCE AMENDING SECTION 12-2-2, DEFINITIONS OF WORDS AND TERMS; ARTICLES 12-6A, HILLSIDE RESIDENTIAL DISTRICT; 12-613, SINGLE-FAMILY RESIDENTIAL DISTRICT; 12-6C, TWO-FAMILY RESIDENTIAL DISTRICT; 12-61), TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL DISTRICT; 12-6E, RESIDENTIAL CLUSTER DISTRICT; 12-6F, LOW DENSITY MULTIPLE-FAMILY DISTRICT; 12-6G, MEDIUM DENSITY MULTIPLE-FAMILY DISTRICT; 12-6H, HIGH DENSITY MULTIPLE-FAMILY DISTRICT; 12-61, HOUSING DISTRICT; 12-7A, PUBLIC ACCOMMODATION DISTRICT; 12-713, COMMERCIAL CORE 1 DISTRICT; 12-7C, COMMERCIAL CORE 2 DISTRICT; 12-71), COMMERCIAL CORE 3 DISTRICT; 12-7E, COMMERCIAL SERVICE CENTER; 12-7F, ARTERIAL BUSINESS DISTRICT; 12-7H, LIONSHEAD MIXED USE 1 DISTRICT; LIONSHEAD MIXED USE 2 DISTRICT; 12-7J, PUBLIC ACCOMMODATION 2 DISTRICT; 12-8A, AGRICULTURAL AND OPEN SPACE DISTRICT; 12-81), SKI BASE/RECREATION DISTRICT; 12-8E, SKI BASE/RECREATION 2 D1STRICT; 12-913, PARKING DISTRICT; 12-9C, GENERAL USE;, CHAPTER 12-13, EMPLOYEE HOUSING, CHAPTER 12-23, COMMERCIAL LINKAGE, AND CHAPTER 12-24, INCLUSIONARY ZONING, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on March 10, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval for the proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council finds and determines the provisions of Chapter 12-23, Commercial Linkage and Chapter 12-24, Inclusionary Zoning, Vail Town Code, must be amended to clarify the basis on which Employee Housing Plans shall be reviewed; and, WHEREAS, the Town Council finds and determines that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated March 10, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the - general and specific purposes of the Zoning Regulations, based upon Section VI of ttie Staff memorandum to the Planning and Environmental Commission dated March 10, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural 1 Ordinance No. 1, Series of 2008, second reading ~ environment and its established character as a resort and residential community of the highest quality, based upon Section VI of the Staff memorandum dated March 10, 2008, WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by these adopting regulations, based upon Section VI of the Staff memorandum to the.Planning and Environmental Commission dated March 10, 2008, and the evidence and testimony presented. ' NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF . VAIL, COLORADO, THAT: . Section 1. Chapter 12-2, Definitions, of the Vail Town Code is • hereby amended as follows (text to be deleted is in stfikethFeugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-2-2: Definitions of Words and Terms FLOOR AREA, NET ~ : The total floor area within the enclosing walls of a structure not including the following: A. Areas specifically designed and used for mechanical equipment to operate the . ' building. B. Stairways. C. .Elevators. D. Common hallways. E. Common lobbies. F. Common restrooms. ~ - G. Areas designed and used for parking. H. Areas designed and used as storage which do not have direct access to an . individual office or retail store, not to exceed five percent (5%) of the total proposed net floor area for office and not to exceed eight percent (8%) of the total proposed net floor area for retail. "Common areas" are spaces for which all tenants in the building contribute toward the upkeep and maintenance thereof and are not used for employee working areas. Section 2. Article 12-6A, Hillside Residential District, of the Vail Town Code is hereby amended.as follows (text to be deleted is in stF+kethreugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6A-2: PERMITfED USES: 2 Ordinance No. 1, Series of 2008, second reading , The following uses shall be permitted in the HR district: Single-family residential dwellings. ' Employee Housing Units, as further regulated by chapter 13 of this title. , , . Section 3. Article 12-613, Single Family Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in stF+IEe##Feagh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-613-2: PERMITTED USES: The following uses shall be permitted in the SFR district: Single-family residential dwellings. T-ype1L ' Employee Housing Units, as further regulated by chapter 13 of this title. Tvpe I\/ empleyec housinrni~c ~cfurEher renudafcrJ hv nhan4er 43 nf 4his +i41e r • Section 4. Article 12-6C, Two-Family Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in sti:ikefteug#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6C-2: PERMITTED USES: The following uses shall be permitted in the R district: Single-family residential dwellings. Two-family residential dwellings. T•~ip°c-r ' Employee Housing Units, as further regulated by chapter 13 of this title. , • , . Section 5. Article 12-6D, Two-Family Primary/Secondary Residential District, of the Vail Town Code is hereby amended as follows'(text to be deleted is in st&e#heag#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-613-2: PERMITTED USES: . The following uses shall be permitted: . Single-family residential dwellings. Two-family residential dwellings. Ti-ypc4 ' Employee Housing Units, as further regulated by chapter 13 of this title. , , . Section 6. Article 12-6E, Residential Cluster Disfrict, of the Vail Town Code is hereby amended as follows (text to be deleted is in StFokethFeggh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6E-2: PERMITTED USES: The following uses shall be permitted in the RC district: 3 Ordinance No. 1, Series of 2008, second reading Multiple-family residential dwellings, including attached or row dwellings and ` condominium dwellings with no more than four (4) units in any new building. Single-family residential dwellings. Two-family residential dwellings. Employee Housing Units, as further regulated by chapter 13 of this title: 12-6E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the RC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Business offices, as further regulated by subsection 12-16-7A13 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. - Professional office, as further regulated by subsection 12-16-7A13 of this title. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilities. . Public utility and public service uses. Ski lifts and tows. -r"~- " . Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 7. Article 12-617, Low Density Multiple-Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s#+IEethmug#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6F-2: PERMITTED USES: . The following uses shall be permitted in the LDMF district: Multiple-family residential dwellings, including attached or row dwellings and, condominium dwellings. ' Single-family residential dwellings. Two-family residential dwellings. . T-ype 1~ • Employee Housing Units, as further regulated by chapter 13 of this title. 12-617-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: ' Bed and breakfasts as further regulated by section 12-14=18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. , Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. 4 Ordinance No. 1, Series of 2008, second reading Public utility and public service uses. Ski lifts and tows. T-ype 111 e r ~ nYvice hn~ ~e~ina n ~ ~nitc~ /C LJI 1r \ .+s r~rn~iirler~ in nh.+r~}or 14 nf 4hie~ t'tI ~ t~ Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 8. Article 12-6G, Medium Density Multiple-Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in stfilFet-hFeUg#, text that is to be added is bold. Sections of text that are not amended have been.omitted.) 12-6G-2: PERMITTED USES: The following uses shall be permitted in the LDMF district: Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. ' Employee Housing Units, as further regulated by chapter 13 of this title. 12-6G-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and taws. . TV~r_ ~ .~11 Rmn~n~iec hncinn n i~t~.Q /C~..,11 1) r~re~iirlerl in nh i 14 FtM' i'il . .r•~J.. urr~. . Employee Housing Units, as further regulated by Chapter 13 of this Title. . Section 9. Article 12-6H, High Density Multiple-Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in ~}~V~=rripag#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6H-2: PERMITTED IJSES: The following uses shall be permitted in the HDMF district: Lodges, including accessory eating, drinking, recreational or retail establishments, located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area (GRFA) of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Multiple-family residential dwellings, including attached or row dwellings and condominium dwellings. T-ype 1 eFnpleyee housiRg URi Employee Housing Units, as further regulated by chapter 13 of this title. 5 Ordinance No. 1, Series of 2008, second reading 12-61-1-3: CONDITIONAL USES: The following conditional uses shall be permitted in the HDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. . Home child daycare facilities as further regulated by section 12-14-12 of this title. Private cliabs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public parking structures. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Timeshare units. Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 10. ' Article 12-61, Housing District, of the Vail Town Code is hereby amended as follows (text to be deleted is in sti;ilEet#Feug#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-61-2: PERMITTED USES: . The following uses shall be permitted in the H district: Bicycle and pedestrian patfis. , . _ Employee Housing Units, as further regulated by Chapter 13 of this Title.. Passive outdoor recreation areas, and open space. 12-61-3: CONDITIONAL USES: The following conditional uses shall be permitfed in the H district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) to the use of employee housing and specifically serving the needs of the residents of the development; and developed in conjunction with employee. housing, in which case the following uses may be allowed subject to a conditional use permit: Banks and financial institutions. Business offices and professional offices as further regulated by section 12-16-7 of this title. Child daycare facilities-. Eating and drinking establishments. Funiculars and other similar conveyances. 6 Ordinance No. 1, Series of 2008, second reading Health clubs. Personal services, including, but not limited to, laundromats, beauty and barber shops, tailor shops, and similar services. Retail stores and establishments. Dwelling units (not employee housing units) subject to,the following criteria to be evaluated by the planning and environmental commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and . B. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA constructed on the property, and C. Dwelling units are only created in conjunction with employee housing, and D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schools. Public buildings, grounds and facilities.. Public parks and recreational facilities. Public utilities installations including transmission lines and appurtenant equipment. T-ype Vi ' Employee Housing Units, as further regulated by chapter 13 of this title. Section 11. Article 12-7A, Public Accommodation District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s'tfike#hrewgl:4, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7A-2: PERMITTED USES: The following uses shall be-permitted in the PA district: Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. . . ' Employee Housing Units, as further regulated by chapter 13 of this title. 12-7A-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Fractional fee club units as further regulated by subsection 12-16-7A8 of this title. Healthcare facilities. Lodges, including accessory eating, drinking, or retail establishments located within the . principal use and occupying between.ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the main structure or structures on the site. Major arcades. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Professional and business offices. 7 Ordinance No: 1, Series of2008, second reading Public and private schools. Public buildings, grounds and facilities. Public parking structures. , Public parks and recreational facilities. Public transportation terminals. • - Public unstructured parking. - Public utility and public service uses. Religious institutions. Ski lifts and tows. Theaters and convention facilities. • . Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 12. Article 12-713, Commercial Core 1 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in stFi{Fet#FbUgh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-713-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: B.Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: 8. T-ype-E~ employee housing units, as further regulated by chapter 13 of this title. 12-713-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B.Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: , 4. T-ype1E wsing ' Employee Housing Units, as further regulated by chapter 13 of this title. 12-713-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR: A.Permitted Uses; Exception: The following uses shall be permitted on the second floor above grade within a structure; provided, however, that a conditional use permit will be required in accordance with chapter 16 of this title for any use which eliminates any existing dwelling or accommodation unit or any portion thereof: - 8. T-ype1-u ' Employee Housing Units, as further regulated by chapter 13 of this title. B.Conditional Uses: The following uses sh:all be permitted on second floors above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: . Dog kennels. . Electronics sales and repair shops. Household appliance stores. Liquor stores. Luggage stores. Meeting rooms. Outdoor patios: . g Ordinance No. 1, Series of 2008, second reading Theaters. T..~~ 1'~~T PrmTT17'°'Yc'., ..r~l~vee 1+~~ ~c~inn ~ ~ni.~c~ ICI--11 1\ nc ~.,~rnvi...r~lei-1 in nh~r.4c r 1'l .,f +hi~ ~i~ln ~P"T... Employee Housing Units, as further regulated by Chapter 13 of this Title. 12-713-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR: A.Permitted Uses: The following uses shall be permitted on any floor above the second floor above grade: Lodges. Multiple-family residential dwellings. T~i jpc1 e^^^l^.,°° "^"°o^^ u^i+c Employee Housing Units, as further regu{ated by chapter 13 of this title. . B.Conditional Uses: The following uses shall be permitted on any floor above the second floor above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title. Any permitted or conditional use which eliminates any existing dwelling or accommodation unit, or any portion thereof, shall require a conditional use permit. Such uses may include: $ Ty'~ T~inc Ill cmnlevne hnusinn uni4s /CL..II 1\ as PrnVirlcrl in nhnpFcr 13 oF #his 4itle. ~rr Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 13. . Article 12-713, Commercial Core 3 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in c4riLo4hrnunh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7D-1: PERMITTED USES: The following uses shall be permitted in the commercial core 3 district: Banks and financial institutions. Eating and drinking establishments, including the following: Cocktail lounges and bars. Coffee shops. Fountain and sandwich shops. Restaurants. Health clubs. Personal services and repair shops, including the following: Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing: Laundromats. Shoe repair. Small appliance repair shops, excluding fumiture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. . Retail stores and establishments without limit as to floor area including the following: Apparel stores. . Art supply stores and galleries. Auto parts stores. Bakeries and confectioneries, preparation of products for sale on the premises. 9 Ordinance No. 1, Series of 2008, second reading Bookstores. ' Building materials stores without. outdoor storage. Camera stores and photographic studios. Candy stores. • Chinaware and glassware,stores. , . . Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sales and repair shops. Florists. Food stores. . . Furniture stores. Gift shops. , Hardware stores. Health food stores. Hobby stores. Household appliance stores. ' Jewelry stores. Leather goods stores. , Liquor stores. . Music and record stores. Newsstands and tobacco stores. Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. 'T-ype-1u ' Employee Housing Units, as further regulated by chapter 13 of this title. Additional offices, business, or services determined to be similar to permitted uses in accordance with the provision's of this section. 12-7D-2: CONDITIONAL USES: The following conditional uses shall be permitted in the commercial,core 3 district, subject to issuance of a conditional use permit in accord with,the provisions,of chapter 16 of this title: Any use permitted by section 12-7D-1 of this article which: is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-14-18 of this title. Brew pubs. Child daycare center. , Commercial laundry and cleaning services, bulk plant. Commercial storage. Dog kennels. Drive-up facilities. ' Major arcades. . 10 Ordinance No. 1, Series of 2008, second reading Massage parlors. Outside car wash. Pet shops. Public buildings, grounds, and facilities. Public park and recreation facilities. Public utility and public service uses. Radio and television signal relay transmission facilities. Theaters, meeting rooms, and convention facilities. Transportation businesses. 1'«ne lll cmnlnvice heuc.ing uni4s /FI..II I\ .+s pmvir7cd in nhan}or 14 nf Fhi ?ille Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 14. Article 12-7E, Commercial Service Center District, of the Vail Town Code is hereby amended as follows (text to be deleted is in ttriLo4hrnurrh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7E-3: PERMITTED USES: , . The following uses shall be permitted in the CSC district: Banks and financial institutions. Eating and drinking establishments; including the following: Bakeries and delicatessens with food service. Cocktail lounges and bars. Coffee shops. . Fountains and sandwich shops. Restaurants. Personal services and repair shops, including the following: Beauty and barber shops. Business and office services. . Cleaning and laundry pick up agencies without bulk cleaning or dyeing. , Laundromats. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. . Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries, including preparation of products for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. ' Candy stores. . Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sales and repair shops. . Florists. 11 Ordinance No. 1, Series of 2008, second reading Food stores. Furniture stores. Gift shops. Hardware stores. . Hobby stores. Household appliance stores. Jeweiry stores. Leather goods stores. Liquor stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Pet shops. - Photographic studios. ` Radio and television broadcasting studios. ' Sporting goods stores. - Stationery stores. • Supermarkets. ` Toy stores. Variety stores. ~ Yardage and dry goods stores. Additional offices, businesses, or services determined to be similar to permitted uses in accordance with the provisions of section 12-7E-2 of this article. , Employee housing units as further regulated in Chapter 13 of this •Title. 12-7E-4: CONDITIONAL USES: The following conditional uses shall be permitted in the CSC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: • Any use permitted by section 12-7E-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further regulafed by section 12-14-18 of this title. Bowling alley. Brew pubs. Child daycare centers. Commercial laundry and cleaning services. Dog kennels. Major arcades. Multiple-family resiclential dwellings and lodges. Outdoor operation of the accessory uses as set forth in section 12-7E-5 of this article. Private clubs. Private parking structures. Private unstructured parking. Public buildings, grounds and facilities: Public park and recreation facilities. ' Public utility and public service uses. Ski lifts and tows. Theaters, meetings rooms, and convention facilities: 12 Ordinance No. 1, Series of 2008, second reading Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 15. Article 12-717, Arterial Business District, of the Vail Town Code is hereby amended as follows (text to be deleted is in °IriLo4hh text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7F-3: PERMITTED USES: The following uses shall be permitted in the arterial business district: Eating and drinking establishments, as follows, are permitted on the first (street). level: Cocktail lounges and bars. . Coffee shops, fountains, sandwich shops and restaurant. Personal services and repair shops, as follows, are deemed to be generally accessory and/or supportive of office uses and shall be permitted on the first (street) level: , Beauty and barber shops. Shoe repair. . Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices and studios. Radio and television broadcasting studios. , Retail stores and establishments, as follows, are deemed to be generally accessory and/or supportive of office uses and are therefore permitted so long as they do not exceed eight thousand (8,000) square feet in floor area for each such business use and so long as they are located on the first (street) level: Art supply stores. Bookstores. Drugstores. Florists. Newsstands. . Stationery stores. Tobacco stores: , , . Additional offices, businesses or services determined to be similar to permitted uses in accordance with the provisions of section 12-717-1 of this article. Employee Housing Units, as further regulated by Chapter 13 of this Title. 12-7F-4: CONDITIONAL USES: A.Enumerated: The following conditional uses shall be permitted in the arterial business district, subject to the issuance of a conditional use permit in.accordance with the provisions of chapter 16 of this,title: Any use permitted by section 12-7F-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further provided by section 12-14-18 of this title. Brew pubs. Child daycare centers. Microbreweries. Private unstructured parking. . Public buildings, grounds and facilities. 13 Ordinance No. 1, Series of 2008, second reading Public park and recreation facilities. Public utility and public services uses, incluciing screened outside storage. Service yards. Transportation businesses. Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 16. Article 12-7H, Lionshead Mixed Use 1 District, of the Vail Town Code is hereby amended as follows (text to be deleted' is in stfilEet#FeUg#4, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7H-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: B.Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: - Banks and financial institutions. Child daycare centers. Commercial ski storage. ~ Eating and drinking establishments. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. • Retail establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. T-yp2-1' Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B.Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: . Banks, with walk-up teller facilities. • Child daycare centers. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. ' Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7H-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A.Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Accommodation units. 14 Ordinance No. 1, Series of 2008, second reading Attached accommodation units. Lodges. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and e€t#is-t+tle. T-yrpp..1mmplnveo heysinn ,,..,+s Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. Section 17. Article 12-71, Lionshead Mixed Use 2 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in stri1Ee#hFetug#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-71-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: B.Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Child daycare centers. Commercial ski storage. Eating and drinking establishments. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. . Recreation facilities. , Retail establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. T-ype-1~ ' Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in fhis subsection, in accordance with the provisions of section 12-3-4 of this title. 12-71-3: PERMITTED AND. CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B.Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Child daycare centers. . Eating and drinking establishments. , Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier.services. Travel and ticket agencies. T-ype-I-1~ ' Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-71-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: 15 Ordinance No. 1, Series of 2008, second reading A. Permitted Uses; Exception: The following uses shall be permitted on #hose floors above the first floor within a structure: Lodges and accommodation units. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and e€this-ti#le) T-ype-I-1~ ' Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. Section 18. . Article 12-8A, Agriculture and Open Space District, of the Vail Town Code is hereby amended as follows (text to be deleted is in stFiketheag#, text that is to be added is bold. Sections of text that are not amended have been omitted:) 12=8A-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: Any use within public parks, recreation areas, and open spaces which involves assembly of more than two hundred (200) persons together in one building or group of buildings, or in one recreation area or other public recreational facility. Cemeteries. Low power subscription radio facilities. Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges. . Public and private schools. . Religious institutions. Semipublic and institutional uses, such as convents and religious retreats: Ski lifts and tows. ~ Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 19. Article 12-8D, Ski Base Recreation District, of the Vail Town Code is hereby amended as follows (text to be deleted is in stfilEet#feUgh, text that' is to be added is bold. Sections of text that are not amended have been omi#ed.) • 12-813-3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base/recreation district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Addition or expansion of storage buildings for mountain equipment. , Additions or expansions of public or private parking structures or spaces. . Bed and breakfast as further regulated by section 12-14-18 of this title. Child daycare center. Food and beverage cart vending. Public, private or quasi-public clubs. Recreation room/minor arcade. Redevelopment of public parks, playgrounds. Redevelopment of ski lifts and tows. - 16 Ordinance No. 1, Series of 2008, second reading Redevelopment of ski racing facilities. . Redevelopment of water storage extraction and treatment facilities. Seasonal structures to accommodate athletic, cultural, or educational activities. Summer outdoor storage for mountain equipment. Summer seasonal community offices and programs. T„r,° 111 emnlnvec hnusini+ uni4s /C1..11 I\ as pri+virlerl in nhanlcr 13 ef 4hi 4iflc Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 20. Article 12-8E, Ski Base Recreation 2 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in s#rikethFouQ#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-8E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base/recreation 2 district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: ' Brew pubs. Fractional fee units. Outdoor dining decks and patios. Private and public clubs. Public utility and public service uses. Tvne 111 emnlnvee hnuc•inn uni4s ns nrnyirlerl in nhr+nter 13 Of thi Fiflc Employee Housing Units, as further regulated by Chapter 13 of this Title. Additional uses determined to be similar to conditional or permitted uses described in this chapter, in accordance with the provisions of section 12-3-4 of this title. Section 21. Article 12-9B, Parking District, of the Vail Town Code is hereby amended as follows (text to be deleted is in stFikethreug#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-913-3: CONDITIONAL USES: The following conditional uses shall be permitted subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Major arcades. Parks and recreational facilities. Private or public off street vehicle parking structures. Public uses, private office and commercial uses that are transportation, tourist or town related and that are accessory to a parking structure. Temporary construction staging sites. For the purposes of this section, a"temporary construction staging site" shall mean a site on which, for a temporary period of time, construction materials, heavy construction equipment, vehicles and construction trailers may be stored. ' T\lll~ I11 emnlnvcc hn~ ~c~inn ~ mi4c~ /CI-.11 1\ ~+e~ nrnvii-lcrl in nh~+n}cr 12 Af }hi~+ 4i~le . ~ r,.. ~.r,..~.... . ~~Tr . Employee Housing Units, as further regulated, by Chapter 13 of this Title. Section 22. Article 12-9C, General Use District, of the Vail Town Code is hereby amended as follows (text to be deleted is in StFokethr-sug#, text that is to be added is bold. Sections of text that are not amended have been omitted.) . 17 Ordinance No. 1, Series of 2008, second reading 12-90-3: CONDITIONAL USES: A.Generally: The following conditional uses shall be permitted in the GU district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Child daycare centers. Equestrian trails. Golf courses. Healthcare facilities. Helipad for emergency and/or community use. ' Major arcades. • Plant and tree nurseries, and associated structures, excluding the sale of trees or other nursery products, grown, produced or made on the premises. Public and private parks and active outdoor rec'reation areas, facilities and uses. , Public and private schools. Public and quasi-public indoor community facilities. Public buildings and grounds. Public parking structure. Public theaters, meeting rooms and convention facilities. Public tourist/guest service related facilities. Public transportation terminals. ' Public unstructured parking. Public utilities installations including transmission lines and appurtenant equipment. Religious institutions. Seasonal structures or uses to accommodate educational; recreational or cultural activities. 'Ski lifts, tows and runs. Employee Housing Units, as further regulated by Chapter 13 of this Title. Water and sewage treatment plants. Section 23. Section 12-13-4, Employee Housing, of the Vail Town Code is hereby amended as follows (text to be deleted is in s#F+IFetk?Feag#, text that is to be added is bold. Sections of text that are not amended have been omitted.) 18 Ordinance No. 1, Series of 2008, second reading 12-13-4: REQUIREMENTS BY EMPLOYEE HOUSING UNIT (EHU) TYPE EHU Zoning districts Ownership/ Additional GRFA Additional Site Garage Parking Minimum/Maximum Density permitted by right or Transference lSite-6eMefage Coverage / Reduced CrediUStorage GRFA of an EHU by conditional use Landscape Area Requirement Type I Permitted Use: 6RFA: SITE COVERAGE: Allowed 300 sq. ft. Per Chapter . GedaEs The Primary/Secondary eF tFanSfeFFed as The EHU is entitled to The site is entitled to of garage area per 12-10 as a N/A EHU is Residential, an additional 609 550 an additional 5% of enclosed vehicle dwelling unit. allowed as Two-Family pfeper#y: sq. ft. GRFA site coverage for the space at a 2-nd a second Residential deduction. EHU. maximum of 2 unit on the (aN-witH only on lots parking spaces property. less than 14,000 sq. eniEs-te-aNevv-sale) LANDSCAPE AREA: (600 sq. ft.). ft. in size) The EHU may be sold The site is entitled to All units not or transferred ' a reduction of constructed with a separately. landscape area by garage shali be 5% (reduced to 55% required a minimum of site area) for the 75 sq. ft. of storage . EHU. area in addition to normal closet space. This 75 sq. ft. shall be a credit for stora e onl . Type II Permitted Use: The EHU shall not-be The EHU is entitled to N/A Allowed 300 sq. ft. Per Chapter BweNing-uniE The EHU is Single-Family sold or transferred an additional 5AA 550 of additional garage 12-10 as a 300 sq. ft. min. and allowed as a Residential, Two- separately from the unit sq. ft. GRFA sredi#. area for the EHU. dwelling unit. 1,200 sq. ft. max. 3rd third unit Family Residential, it is associated with. deduction. All units not on property. Primary/Secondary constructed with a 9ees-raet Residential garage shall be seuntas required a minimum deFisity. Conditional Use: 75 sq. ft. of storage Agriculture & Open area in addition to , Space normal closet space. This 75 sq. ft. shall be a credit for stora e onl : Type III Permitted Use: The EHU may be sold , N/A N/A Per Chapter A. Dwelling unit: A4eEse~rated Lionshead Mixed Use or transferred T.,^° S""° 12-10 as a 300 sq. ft. min. and as-density. 1 separately. dwelling unit. 1,200 sq. ft. max. The EHU is Lionshead Mixed Use . B. Dormitory unit:: excluded 2 The EHU is from the Conditional Use: excluded from the #euses-AeEfwere calculation Residential Cluster calculation of of density. Low. Density Multiple- GRFA. and ensludes Family sn~e~itsMe?t Medium Density Multiple-Family bat#fee?~-a High Density Multiple- Fnin*FnUFn-e€-4we Family . Public e€-6R€A 200 s .ft. . 19 Ordinance No. 1, Series of 2008, second reading Accommodation min. for each person Public - occupying the EHU. Accommodation 2 Commercial Core 1 Commercial Core 2 Commercial Core 3 Commercial Service . Center - Arterial Business - Parking DistriG • - General Use Heavy Service . Ski Base/Recreation ' Ski Base/ Recreation , 2 Special Development ' District Type IV Any dwelling unit may The EHU may e* be N/A N/A Per Chapter ShaN-be ' be designated and sold or transferred by gen+ag-en. 12-10 as a by-zeRiag-eFi deEerFAiaed~y deed restricted as a separately. by zening-eR PFepe#y- dwelling unit. pFopeFty. ~g-ea Type IV EHU, unless pFGpeFty- N/A N/A PFepe#y: - already designated as The EHU is , an EHU. , calculated as density. Type IV-CL Permitted Use: The EHU may be sold N/A ' N/A N/A . Per Chapter Per Chapter 12-23, The EHU is (Commercial Any dwelling unit or transferred 12-10 as a Commercial calculated as Linkage _ may be de_signated separately. The EHU dwelling unit. Linkage density. mitigation and deed restricted shalt be linked to a unit) as a Type IV-CL speciflc Commercial • EHU, unless already Linkage employee designated as an housing mitigation EHU. requirement Type IV-IZ Permitted Use: The EHU may be sold N/A N/A N/A Per Chapter Per Chapter 12-24, The EHU is (Inclusionary Any dwelling unit or transferred . . 12-10 as a Inclusionary calculated as Zoning may be designated separately. The EHU dwelling unit. Zoning density. mitigation and deed restricted shall be linked to a unit) as a Type IV-IZ EHU, speciflc Inclusionary unless already Zoning employee designated as an housing mitigation EHU. requirement. ' . . Type V Permitted Use: The EHU shall not be Th° °U no N/A Th° °'.o-~-.;ot Per Chapter 1,200 sq. ft. max. The EHU is , Hiliside Residential sold or transfeRed . 12-10 as a allowed separately from the unit 6RFPt BaRagearea-sFedit- dweliing unit. se~s as a it is associated with. N/A N/A second 2nd unit on the ProPertY• . 20 Ordinance No. 1, Series of 2008, second reading. Type VI Conditional Use: As governed by the ANewable-site #ieqireneaEs-sMaN Per Chapter ANewable-6FFiA ANewable Housing management plan. be As determined by severaQe-aFld be As determined 12-10 as a shall-be As deRSiEy-sMaN Shall not be subdivided the PEC. by the PEC. dwelling unit determined by the be As or divided into any form be As determined by oras-fequired. PEC. determined by ; of time share, interval the PEC. b••'G- the PEC. ownership, or fractional or a parking fee unit. management plan per - Article 12-61, Housing District Type VII-CL Permitted Use: The EHU may be sold The EHU is N/A N/A Per Chapter Per Chapter 12-23, The EHU is (Commercial High Density or transferred excluded from the . 12-10 as a Commerclal excluded, Linkage Multiple Famiiy, separately. The EHU calculation of dwelling unit Linkage from the , mitigation Housing District, shall be linked to a GRFA. or a parking calculation unit) Public specific Commercfal management of density. Accommodation, Linkage employee plan per Public housing mitigat(on Chapter 12- Accommodatlon 2, requirement. 23, Commerclal Core 1, Commercial Commercial Core 2, Linkage Commercial Core 3, Commercial Service Center, Arterial eusiness, General Use, Lionshead . Mixed Use 1, Lionshead Mixed ' Use 2, Ski Base/Recreation, Ski Base/Recreation 2, Parking Distrlct, and Special Development Districts 21 Ordinance No. 1, Series of 2008, second reading TypeVll-IZ Permftted Use: The EHU may be sold The EHU is N/A N/A Per Chapter Per Chapter 12-24, The EHU is (Inclusionary Permltted Use: or transferred excluded from the - 12-10 as a Inclusionary excluded Zoning High Density separately. The EHU calculation of dwelling unit 2oning from the mitigation Multiple Family, shall be linked to a GRFA. or a parking ~ calculation unit) Housing District, speciflc Inclusionary management of density. Public Zontng employee • plan per Accommodation, housing mitigation • Chapter 12- Public requirement 24, Accommodation 2, Inclusionary Commercial Core 1, Linkage. Commercial Core 2, Commercial Core 3, Commercfal Service Center, Arterial Business, General _ Use, Lionshead - Mixed Use 1, Lionshead Mixed Use 2, Skl Base/Recreation, Ski Base/Recreation 2, Parking District, and Special Development Districts 22 Ordinance No. 1, Series of 2008, second reading Section 24. Chapter 12723, Commercial Linkage, of the Vail Town Code is hereby amended as follows (text to be deleted is in s#F+ket#Feugh, text thaf is to be added is bold): 12-23-1: PURPOSE AND APPLICABILITY: ' A. The purpose of this Chapter is to ensure that new commercial . development and redevelopment in the Town provide for a reasonable amount of • employee housing to mitigate the impact on employee housing caused by such. commercial development and redevelopment. B. . Except as provided in Section 12-23-5, this Chapter shall apply to all new commercial development and redevelopment located within the following zone districts: 1. High Density Multiple Family (HDMF); 2. Public Accommodation (PA); 3. Public Accommodation 2 (PA2); 4. Commercial Core 1 (CC.1); . 5. Commercial Core 2 (CC2); 6. Commercial Core 3 (CC3); - 7. Commercial Service Center (CSC); 8. Arterial Business (ABD);. 9. General Use (GU); 10. Heavy Service (HS); 11. Lionshead Mixed Use 1(LMU1); 12. Lionshead Mixed Use 2(LMU2); 13. Ski Base/Recreation (SBR); _ 14. Ski Base/Recreation 2 (SBR2); 15. Parking District (P); and • 16. Special Development (SDD). . C. The requirements of this Chapter shall be in addition to all other requirements of this Code. D. When' any _ provision of this Chapter conflicts with any other provision of this Code,~the provision of this Chapter shall control. . 23 Ordinance No. 1, Series of 2008, second reading 12-23-2: EMFLOYEE GENERATION AND MITIGATION FZATES: A. The employee generation rates found in Table 23-1, Employee Generation Rates by Type of Commercial Use, shall be applied to each type of use in a commercial development. For any use not listed, the Administrator shall determine the applicable employee generation rate by consulting the Town's ' current nexus study. TABLE 23-1 EMPLOYEE GENERATION RATES BY TYPE OF COMMERCIAL USE Type of Use Employee Generation Rates \ a Retail Store/Personal • 2.4 Employees per 1,000 feet of new • Service/Repair Shop net floor area Business Office and Professional.- 3.2 Employees per 1,000 feet of new Office (excluding Real Estate net floor area Office) Accommodation Unit/Limited 0.7 Employees per net new units Service Lodge Unit Real.Estate Office 5.1 Employees per 1,000 feet of new net floor area Eating and Drinking 6.75 Employees per 1,000 feet of Establishment new net floor area Conference Facility 0.8 Employees per 1,000 feet of new net floor area Health Club 0.96 Employees per 1,000 feet of new, net floor area . Spa 2.1 Employees per 1,000 feet of new net floor area . B. If an applicant submits competent evidence that the employee generation rates contained in Table 23-1 or the nexus study do not accurately reflect the number of employees generated by the proposed commercial development or redevelopment and the Administrator finds that such evidence warrants a deviation from those employee generation rates, the Administrator shall allow for such aAeviation as the Administrator deems appropriate. C. Each commercial development or redevelopment shall mitigate its impact on employee housing by providing EHUs for twenty percent (20%) of-the employees generated, pursuant to Table 23-1, or the nexus study, in accordance with the requirements of this Chapter. 24 Ordinance No. 1, Series of 2008, second reading For example, for a development proposing 2,500 square feet of new net floor area for an eating and drinking establishment, the equation would be as follows: ((2,500 square feet = 1,000 square feet) x(6.75)) = 16.875 new employees generated 16.875 new employees generated x 20% = 3.375 employees to be housed 12-23-3: SIZE AND BUILDING REQUIREMENTS: A. Table 23-2, Size of , Employee Housing Units, establishes the minimum size of EHUs and the number of employees that can be housed in each. All EHUs shall meet or exceed the minimum size requirements. \ TABLE 23-2 SIZE OF EMPLOYEE HOUSING UNITS Type of Unit Minimum Size Number of . (GRFA) Employees Housed . Dormitory 250 1 Studio 438 1.25 One-Bedroom 613 1.75 Two-Bedroom 788 2.25 Three or More - 1,225 3.5 Bedroom B. Every EHU shall contain a kitchen facility or kitchenette and a bathroom. C. - All trash facilities shall be enclosed. D. Parking shall be provided in accordance with Chapter 10 of this Title. 1. Exception for on-site units: At the discretion of the applicable governing body, variations to the parking standards outlined in Chapter 10 of this Title may be approved during the review of an employee housing plan subject to a parking management plan. The parking management plan may be approved by the applicable governing body and may provide for a reduction in the parking requirements for on-site units based on a demonstrated need for fewer parking spaces than Chapter 10 of this Title would require. For example, a demonstrated need for a reduction in the required parking could include: , 25 Ordinance No. 1, Series.of 2008, second reading • a. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttie services. b. A limitation placed in the deed restrictions limiting the number of cars for each unit. c. A demonstrated permanent program including, but not limited to, rideshare programs, car-share programs, shuttle service, or staggered work shifts. E. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit to which it may be attached. R-Eil'~, ';1'ia'~ ~M hp- imr,', -detl-ift-tFIC-1-tlVVns nmlr, da4inns fer dens4y . VVi'Ttl'V. . . G. €Pe^y E~kl slaml-be a41e~,rc~ t#ree-kandred t300`rsq uaFe-fee~ 12-23-4: REDEVELOPMENT: Employee housing impacts need only be mitigated for a redevelopment that results in a greater number of employees generated from an increase in net floor area, or an increase in the number of accommodation, units or limited service lodge units in the redevelopment; provided however,.that if any existing EHUs are to be removed, an equal amount of EHUs shall be replaced in addition to the other requirements of this Chapter. , 12-23-5: EXEMPTIONS: . The following shall be exempt from this Chapter: ' 1. The redevelopment of existing commercial development, if no new net floor area, accommodation units, or limited service lodge units are created; and 2. The construction of EHUs. 12-23-6: METHODS OF MlTIGATION: A. For all new construction (i.e. development that does not affect any existing buildings or structures) and demo/rebuild projects that result in a mitigation requirement of 1.25 employees or greater, no less than one-half ('/Z) the mitigation of employee housing required by this Chapter shall, be accomplished with on-site units. 1. Exceptions: At the sole discretion of the applicable governing body, an exception may be granted from this subsection based upon one of the following findings: ' 26 Ordinance No. 1, Series of 2008, second reading a. Implementation of the on-site unit mitigation method would be contrary to the intent and purpose of the applicable zone district. b. Implementation of the on-site, unit mitigation method would be contrary to the goals of the applicable elements of the Vail Comprehensive Plan and the Town's development objectives. c. Exceptional or extraordinary circumstances or conditions apply to the site that prevents the implementation of the on-site unit mitigation method. d. The method of mitigation proposed better achieves the intent and purpose of this Chapter and general and specific purposes of this Title than the on-site mitigation unit method. 2. All on-site EHUs shall be deed restricted as a"Type IV-CL" (type four, commercial linkage mitigation) or "Type VII-CL" (type seven, commercial linkage mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of.this Title. 3. At the sole discretion of the applicable governing body, an applicant may provide on-site dormitory style units. 4. An applicant may- provide a payment of fees-in-lieu for any fractional remainder of the requirement generated under this Chapter totaling less than 1.25 employees. 5. Any remaining portion of the mitigation requirement not provided with on-site units may be provided in accordance with Section 12-23-613 below. A-. B. For all development projects except those mitigated by Section 12-23-6A above, the mitigation of employee housing required by this Chapter shall be accomplished through one, or any combination, of the methods further described in this section. Unless otherwise regulated by this Title, the choice of inethod(s) used to mitigate the employee housing requirements of this Chapter shall be at the sole discretion of the applicant. 1. On-site units. a. TF,e requisi4e number of CHLJc. 9r n perFinn 4hnrnef ' r , ,my oe eGI;5tFUszed en si•°~fOyededt-ha-r^a;T-efl-sote FuLJs afe . All on-site EHUs ' shall be deed restricted as a"Type IV-CL" (type four, commercial linkage mitigation) or "Type VII-CL" (type seven, commercial linkage mitigation) EHU in accordance with Chapter 12-13, Employee Housing,'of this Title. 27 Ordinance No. 1, Series of 2008, second reading b. At -#heSele QiSsFetienn-f t-„-PIa„mng and , deFFnmteFy , Deyelopmeint , , , , . At the sole discretion of the applicable governing body,. an applicant may provide on-site dormitory style units. 2. Conveyance of property on-site. An applicant may convey on-site real property to the Town on which no covenants, restrictions or issues exist that would limit the construction of, EHUs, at the sole discretion of the Town Council. This method does not mitigate the on- site unit requirements of Section 12-23-6A above. 3. Off-site units: a. The requisite number of EHUs, or a portion thereof, may be provided off-site within theTown, provided that such EHUs are deed restricted in accordance with this Chapter. b. At the sole discretion of the Planning and Environmental Commission, an applicant may provide off-site dormitory units, unless the application is for a Special Development District, in which case, the Town Council, in its sole discretion, may accept dormitory units as a method of mitigation. 4. Payment of fees-in-lieu. T"° °'a^^;^^ a^a CnYiri+nmen4nl , , • . a. The fee-in-lieu for each employee to be housed shall be established annually by resolution of the Town Council, , provided that, in calculating that fee, the Town Council shall include the net cost (t'otal cost less the amount covered by rental or sale income) of real property and all related planning, design, site development, legal, construction and construction manag'ement costs of the project, in current dollars, which would . be incurred by the Town to provide housing for the employee to be housed in that year. b. An administrative fee, established by resolution of the Town Council, shall be added to the amount set forth in paragraph a hereof. c. Fees-in-lieu shall be due and payable prior to the issuance of a building permit for the development. d. The Town shall only use monies collected from fees-in-lieu to provide new employee housing. , ' 28 Ordinance No. 1, Series of 2008, second reading 5. Conveyance of property off-site. The Town Council may, at its sole discretion, accept the conveyance of property off-site in lieu of requiring the provision of EHUs, provided that no covenants, restrictions or issues exist on such property that would limit the construction of EHUs. B. FRFtoali-frc s-in_ lie~ ~~.hnll L~e ~,+r~niM ~~ihen "hp n~+lGul~+iiv~' +n rletormi~ a... ~.v cn u the ni imbc• of emplnvees ncncra4od unrlcr 4his ('`h'.n4cr rcsuIfs iR fr.+..LLi.....1 12-23-7: MITIGATION BANK: A. The Town will provide credit for any EHUs constructed on-site, constructed off-site, or otherwise acquired in anticipation of future commercial development or redevelopment, provided that those EHUs meet all applicable requirements of this Title. However, the construction or acquisition of EHUs in anticipation of future development is at the sole risk of the applicant, because the commercial development shall be subject to all regulations pertaining to EHUs which are in effect at the time the application for commercial development review is submitted to the Town, even if those regulations change after the EHUs are constructed. B. ' It shall be the applicant's responsibility to provide documentation of any existing EHU credit upon submission of.an application for development review. If the applicant cannot adequately document such credits, the Town shall not be obligated to provide such credit. 12-23-8: ADMINISTRATION: A. Each application for development review, except those exempt pursuant to Section 12-23-5, shall include an employee housing plan eF ..f..+e..,e.,+ „f e.,e.„.,.;,,., Which includes the following: 1. Calculation Method. The calculation of employee generation, including credits if applicable, and the mitigation method by which the applicant proposes to meet the requirements of this Chapter; . 20 Plans. A dimensioned site plan and architectural floor plan that demonstrates compliance with Section 12-23-3, Size and Building Requirements; 3. Lot Size. The average lot size of the proposed EHUs and the average , lot size of other dwelling units in the commercial development or redevelopment, if any; 4. . Schedules. A timeline for the provision of any off-site EHUs; 5. Off-Site Units. A proposal for the provision of any off-site EHUs shall include a brief statement explaining the basis of the proposal; 29 Ordinance No. 1, Series of 2008, second reading 6. Off-Site Conveyance Request. A request for an off-site conveyance shall include a brief statement explaining the basis for the . request; , . ~ 7. Fees-in-lieu. A proposal to pay fees-in-lieu shall include a brief statement explaining the basis of the proposal; and 8. Written Narrative. A written narrative explaining how the employee housing plan meets the purposes of this Chapter and complies with the Town's Comprehensive Plan. C. B. Review: : 1. The Administrator shall approve, approve with modifications or deny an employee housing plan involving a total mitigation requirement of less than 1.25 employees. 2. The Planning and Environmental Commission,shall approve, approve with modifications or deny an employee housing plan unless the plan involves a total mitigation requirement of less than 1.25 employees; the development plaR is located within a Special Development District; or the plan includes a request to convey property., ' , , • 3. The Town Council shall approve, approve with modifications or deny an employee housing plan for a development.located within a Special Development District or a plan requesting to convey property. 4. Before granting approval of an employee housing plan, the applicable governing body shall make findings that the employee housing plan conforms to the general and specific purposes of this title, and that the plan is compatible with the applicable elements of the Vail Comprehensive Plan and the development objectives of the Town. Q-. C. If modifications to a submitted application for development review changes the obligations of the applicant under this Chapter, the applicant shall submit a modified employee housing plan: A modification to an employee housing plan shall be reviewed by the body that reviewed the initial employee housing plan, in accordance with the provisions of this Chapter. & D. An approved employee housing plan shall become part of the approved application for development review for the affected sife. , E. Requests to amend an approved employee housing plan shall be reviewed in accordance with the procedures described in this Chapter. At the discretion of the Administrator, minor amendments that do not alter the basic intent or methodology of the.plan may be approved, or approved with modifications, or denied by the Administrator. 30 Ordinance No. 1, Series of 2008, second reading 12-23-9: OCCUPANCY AND DEED RESTRICTIONS: A. No EHU shall be subdivided or divided into any form of timeshare unit or fractional fee club unit. B. EHUs shall not be leased for a period less than thirty (30) consecutive days. C. An EHU may be sold or transferred as a separate unit on the site. D. An EHU shall be continuously occupied by an employee Fented and shall not remain vacant for a period in excess of three (3) consecutive ~ months unless, despite reasonable and documented efforts to fent occupy the EHU, feRtal efforts are unsuccessful. E. No late'r than February 1 of each year, the owner of an EHU shall submit a sworn affidavit on a form provided by the Town to the Town of Vail Community Development Department containing the following information: 1. Evidence to establish that the EHU has been occupied throughout the year by an employee; 2. The rental rate (unless owner-occupied); 3. The employee's employer; and 4. Evidence to demonstrate that at least one teRaRt person residing in the EHU is an employee. 12-23-10: TIMING: All EHUs required by this Chapter shall be ready for occupancy prior to - the issuance of a temporary certificate of occupancy for the affected commercial development or redevelopment. 12-23-11: VARIANCES: Variances from the requirements of this Chapter may be granted pursuant - to the procedures and standards set forth in Chapter 17 of this Title. 12-23-12: REVIEW: A. Purpose. The Town Council intends that the application of this Chapter not result in an unlawful taking of private property without the payment of just compensation, and therefore, the Town Council adopts the review procedures set forth in this Section. B. Planning and Environmental Commission review. Any applicant ' for commercial development who feels that the application of this Chapter would effect an unlawful taking may apply to the Planning and Environmental Commission for an adjustment of the requirements imposed by this Chapter. If the Planning and Environmental Commission determines that the application of 31 Ordinance No. 1, Series of 2008, second reading this Chapter would result in an unlawful taking of private property without just compensation, the Planning and Environmental Commission may alter, lessen, or adjust employee housing requirements as applied to the particular project under consideration to ensure that there is no unlawful uncompensated taking: . C. Town Council review. If the Planning _and Environmental Commission denies the relief sought by an applicant, the applicant may request a hearing before the Town Council. Such hearing shall be a quasi judicial hearing and conducted according to the Town's rules and regulations regarding quasi- judicial hearings. At such hearing, the burden of proof shall be on the applicant to establish that the fulfillment of the requirements of this Chapter would effect an unconstitutional taking without just compensation pursuant to applicable law. If the Town Council determines that the application.of this Chapter would effect an illegal taking without just compensation, the Town Council may alter, lessen, or adjust the employee housing requirements as applied to the particular project under consideration to ensure that no illegal uncompensated taking occurs. The decision of the Town Council shall be final, subject only to judicial review. Section 25. Chapter 12-24, Inclusionary Zoning, of the Vail Town Code is hereby amended as follows (text to be deleted is in stFi1Ee##FeUgh, text that is to be added is bold): 12-24-1: PURPOSE AND APPCICABILITY: A. The purpose of this Chapter is to ensure that new residential development and redevelopment in the Town of Vail provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such residential development and redevelopment. B•. This Chapter shall apply to all new residential development and redevelopment located within the following zone districts; except as provided in Section 12-24-5: 1. High Density Multiple Family (HDMF); 2. Public Accommodation (PA); 3. Public Accommodation 2 (PA2); 4. Commercial Core 1 (CC1); 5. Commercial Core 2 (CC2); 6. Commercial Core 3 (CC3); 7. Commercial Service Center (CSC); 8. Arterial Business (ABD); 9. General Use (GU); 10. Heavy Service (HS); , 32 Ordinance No. 1, Series of 2008, second reading 11. Lionshead Mixed Use 1(LMU1); 12. Lionshead Mixed Use 2(LMU2); 13. Ski Base/Recreation (SBR); 14. Ski Base/Recreation 2 (SBR2); 15. Parking District (P); and 16. Special Development (SDD). C: The ~~equirements of this Chapter shall be in addition to all other requirements of this Code. - D. When any provision of this Chapter conflicts with any other provision of this Code, the provision of this Chapter sliall control. 12-24-2: EMPLOYEE HOUSING REQUIREMENTS: Every residential development and redevelopment shall be required to mitigate its direct and secondary impacts on the Town by providing employee housing at a mitigation rate of ten percent (10%) of the total new GRFA. For example, for a development proposing 5,500 square feet of new GRFA the calculation would be as follows: 5,500 square feet of new GRFA x 10% mitigation rate ='550 square feet of employee housing to be provided 12-24-3: BUILDING REQUIREMENTS: A. Table 24-1, Size of Employee Housing Units, establishes the minimum size requirements for EHUs under this Chapter. All EHUs shall meet or exceed the minimum size requirements. TABLE 24-1 . SIZE OF EMPLOYEE HOUSING UNITS Type of Unit Minimum Size (GRFA) . Dormitory 250 ~ Studio 438 One-Bedroom. 613 Two-Bedroom 788 ' 33 Ordinance No. 1, Series of 2008, second reading Three or More -Bedroom 1,225 B. Every EHU shall contain a kitchen facility or kitchenette and a bathroom. C. All trash facilities shall be enclosed. D. Parlcing shall be provided in accordance with Chapter 10 of this Title. 1. Exception for on-site EHUs: At the discretion of the applicable governing body, variations to the parking standards outlinedin Chapter 10 of this Title may be approved during the review of an employee housing plan subject to a parking management plan. The parking management plan may be approved by the applicable governing body and may provide for a reduction in the parking requirements for on-site units based on a demonstrated need for fewer parking spaces than Chapter 10 of this Title would require. For example, a demonstrated need for a reduction in the required parking could include: a. Proximity or availability of alternative modes of .transportation including, but not limited to, public transit or shuttle services. b. A limitation placed in the deed restrictions limiting the number of cars for each unit. c. A demonstrated permanent program including, but not limited to, rideshare programs, car-share programs, shuttle service, or staggered work shifts. E. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit to which it may be attached. seRtFel. r-1. r-mvp~yLF LJI l c.F~.~ll {~e .~Iln;Afer) ihrep ~f~ c4 nf . ~ wrlrli4innal nnrage aTea. Any C1..11 I 4ha4 rlnes nn4 havc a naronc shall innlUrle a 12-24-4: REDEVELOPMENT: , Employee housing need only be provided for the increase in the GRFA of a redevelopment; provided however, that if any existing EHUs are to be removed, an equal amount of EHUs shall be replaced in addition to other requirements of this Chapter. 34 Ordinance No. 1, Series of 2008, second reading 12-24-5: EXEMPTIONS: The following shall be exempt from this Chapter: 1. The remodeling of an existing dwelling unit; 2. The replacement of a demolished residential development, provided the replacement structure does not exceed the total GRFA of the original structure; and , 3. The construction of EHUs. . 12-24-6: METHODS OF MITIGATION: A. For all new construction (i.e. development that does not affect any existing buildings or structures) and demo/rebuild projects that result in a mitigation requirement of 438 sq. ft. or greater, no less than one-half the mitigation of employee housing required by this Chapter shall be accomplished with on-site units. ` 1. Exceptions: At the sole discretion of the applicable governing body, an exception may be granted from this subsection based upon one of the following findings: a. Implementation of the on-site unit mitigation method would be contrary to the intent and purpose of the applicable zone district b. Implementation of the on-site unit mitigation method would be contrary to the goals of the applicable elements of the Vail Comprehensive Plan and the Town's development objectives. c. Exceptional or extraordinary circumstances or conditions apply to the site that prevents the implementation of the on-site unit mitigation method. d. The method of mitigation proposed better achieves the intent and purpose of this Chapter and general and specific purposes of this Title than the on-site mitigation unit method. 2. All on-site EHUs shall be deed 'restricted as a"Type IV-IZ" (type four, inclusionary zoning mitigation) or "Type VII-IZ" (type seven, inclusionary zoning mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title., 3. At the sole discretion of the applicable governing body, an applicant may provide on-site dormitory style units. 35 Ordinance No. 1, Series of 2008, second reading ~ 4. An applicant may provide a payment of fees-in-lieu for any fractional remainder of the requirement generated under this Chapter totaling less than 438 sq. ft. of EHU floor area: ~ 5. Any,remaining portion of the mitigation requirement not provided with on-site units may be provided in accordance with Section 12-24-613 below. A-. B. For all development projects except those mitigated by Section 12-24-6A above, the mitigation of employee housing required by this Chapter shall be accomplished through one, or any combination, of the methods further described in this section. Unless otherwise regulated by this Title, the choice of inethod(s) used to mitigate the employee housing requirements of this Chapter shall be at the sole discretion of the applicant. 1. On-site units. 1. On-site units. a. Ths rnnuic.ite n, -mher nf C4.11 Ic. nF a nnrFien thercnf i , ' . All on-site EHUs shall be deed restricted as a"Type IV=1Z" (type four, inclusionary zoning mitigation) or "Type VII-IZ" (type seven, inclusionary zoning mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of'this Title. b. ,4tt-#e--sele-dissFetien eft-„t-a PI~^^~-aRQ , Qerrnatsr-y-uno#s,-un4ess- I#~ap :,t;^,o„--oofO; a Spes;~ . DevelopFnent , , , , . At the sole discretion of the applicable governing body, an applicant may peovide on-site dormitory style units. • 2. Conveyance of'property on-site. An applicant may convey on-site . real property to the Town of Vail on which no covenants, restrictions or issues exist that would limit the construction of EHUs, at the sole discretion of the Town Council. This method does not mitigate the on=sife unit requirements of Section 12-24-6A above. 3. Off-site units. a. "The requisite number of EHUs, or a portion thereof, may be provided off-site within the Town, provided that such EHUs are deed restricted in accordance with this Chapter. b. At the sole discretion of the Planning and Environmental Commission, an applicant may provide off-site dormitory units, unless the • application is for a Special Development District, in which case, the Town 36 Ordinance No. 1, Series of 2008, second reading Council, in its sole discretion, may accept dormitory units as a method of mitigation. 4. Payment of fees-in-lieu. The p'~^,,g afld a. The fee-in-lieu for each square foot shall be established annually by resolution of the Town Council, provided that in calculating ` that fee, the Town Council shall include the net cost (total cost less the amount covered by rental or sale income) of real property and all related planning, design, site development, legal, construction and construction management costs of the project, in current dollars, which would be incurred by the Town to provide the square feet in that year. b. An administrative fee, established by resolution of the _ Town Council, shall be added to the amount set forth in paragraph a hereof. c. Fees-in-lieu shall be due and payable prior to the issuance of a building permit for the development. d. The Town shall only use monies collected from the fees-in- lieu to provide new employee housing. 5. Conveyance of property off-site. The Town Council may, at its sole discretion, accept a conveyance of real property off-site in lieu of requiring construction of EHUs, provided that no covenants, restrictions or issues exist on the property that would limit the construction of EHUs: . 12-24-7 MITIGATION BANK: A. The Town will provide credit for any EHUs constructed on-site, constructed off-site, or otherwise acquired in anticipation of future residential development or redevelopment, provided that those EHUs meet all applicable requirements of this Chapter. However, the construction or acquisition of EHUs in anticipation of future development is at the risk of the applicant, because the residential development shall be subject to all regulations pertaining to EHUs which are in effect at the time the application for development review is submitted to the Town, even if those regulations change after the EHUs are constructed. B. It shall be the applicant's responsibility to provide documentation of any existing EHU credits upon submission of an application for development review. If the applicant cannot adequately document such credits, the Town shall not be obligated to provide such credits. _ 12-24-8: ADMINISTRATION: A. Each application for development review, except those exempt pursuant to Section 12-24-5, shall include an employee housing plan e~ , which includes the following: 37 Ordinance No. 1, Series of 2008, second reading ~-An employe hnusinn nlan sL»II inrL rle ~hcfellnv~ 1. Calculation Method. The calculation of the inclusionary • zoning requirement, including credits if applicable, and the mitigation , method by which the applicant proposes to meet the requirements of this Chapter; . 2. Plans. A dimensioned site plan and architectural flooc plan that demonstrates compliance with Section 12-24-3, Building ' Requirements; 3: Lot Size. The average lot size of the proposed EHUs and the average lot size of other dwelling units in the commercial . development or redevelopment, if any; 4. Schedules. A timeline for the provision of any off-site EHUs; ' 5. Off-Site Units. A proposal for the provision of any off-site - EHUs shall include a brief statement explaining the basis of the proposal; 6. Off-Site Conveyance Request. A request for an off-site conveyance shall include a brief statement ezplaining the basis for the request; and 7. Fees-in-lieu. A proposal to pay fees-in-lieu shall include a brief statement explaining the basis of the proposal. 8. Written Narrative. A written narrative explaining how the employee housing plan meets the purposes of this Chapter and complies with the Town's Comprehensive Plan. C. B. - Review: ' 1. The Administrator shall approve, approve with modifications or deny an employee housing plan involving a total mitigation requirement of less than 438 square feet of EHU floor area. • 2. The Planning and Environmental Commission shall approve, approve with modifications, or deny an employee h'ousing plan unless the plan involves less than 438 square feet of EHU floor area; the development p1an is located within a Special Development District; or the plan includes a request to convey propert , , nr r7env Fhc emnlnvee hnuc.ing nlan ' 3. The Town Council shall approve, approve with modifications or deny an employee housing plan for a development located within a Special Development District or a plan requesting to conveyproperty. 4. Before granting approval of an employee housing plan, the applicable governing body shall make findings that the employee housing 38 Ordinance No. 1, Series of 2008, second reading plan conforms to the general and specific purposes of this title, and that the plan is compatible with the applicable elements of the Vail Comprehensive Plan and the development objectives of the Town. 9:- C. If modifications to a submitted application for development review changes the obligations of the applicant under this Chapter, the applicant shall submit a modified employee housing plan. A modification to an employee housing plan shall be reviewed by the body that reviewed the initial employee housing plan, in accordance with the provisions of this Chapter. D. An approved Employee Housing Plan shall become part of the approved application for development review for the affected site. E. Requests to amend an approved employee housing plan shall be reviewed in accordance with the procedures described in this Chapter. At the discretion of the Administrator, minor amendments that do not alter the basic intent or methodology of the plan may be approved, or approved with modifications, or denied by the Administrator. 12-24-9: OCCUPANCY AND DEED RESTRICTIONS: A. No EHU shall be subdivided or divided into any form of timeshare unit or fractional fee club unit. B. EHUs shall not be leased for a period less than thirty (30) consecutive days. C. An EHU may be sold or transferred as a separate unit on the site. D. An EHU shall be continuously occupied by an employee fented and shall not remain vacant for a period in excess of three (3) consecutive months unless, despite reasonable and documented efforts to rent occupy the ' EHU, FeRtal efforts are unsuccessful. , . E. No later than February 1 of each year, the owner of each EHU shall submit a sworn affidavit on a form provided by the Town with the following information: 1. Evidence to establish that the EHU has been rented or owner occupied throughout the year; 2. The rental rate (unless owner-occupied); 3. The employee's employer; and 4. Evidence to demonstrate that at least one t6nant person residing in the EHU is an employee at a business located in Eagle County. 39 Ordinance No. 1, Series of 2008, second reading 12-24-10: TIMING: All EHUs required by this Chapter shall be ready for occupancy prior to the issuance of a temporary certificate of occupancy for the affected residential development. 12-24-11: VARIANCES: Variances from the requirements of this Chapter may be granted pursuant to the procedures and standards set forth in Chapter 17 of this Title. 12-24-12: REVIEW: . A. Purpose: The Town Council intends that the application of this Chapter not result in an unlawful taking of private, property without the payment of just compensation, and therefore, the Town Council adopts the review procedures set forth in this Section. B. Planning and Environmental Commission review. Any applicant for residential development who feels that the application of this Chapter would effect an unlawful taking may apply to the Planning and Environmental Commission for an adjustment of the requirements imposed by this Chapter. If the Planning and Environmental Commission determines that the application of this Chapter would result in an unlawful taking of private property without just compensation, the Planning and Environmental Commission may alter, lessen, or adjust employee housing requirements as applied to the particular project under consideration to ensure that there is no unlawful uncompensated taking. C. Town Council review. If the Planning and Environmental Commission denies the relief sought by an applicant, the applicant may request a , hearing before the Town Council. Such hearing shall be a quasi judicial hearing and conducted according to the Town's rules and regulations regarding quasi- judicial hearings. At such hearing, the burden of proof shall be on the applicant " to establish that the fulfillment of the requirements of this Chapter would effect an unconstitutional taking without just compensation pursuant to applicable law. If the Town Council determines fhat the application of this Chapter would effect an illegal taking without just compensation, the Town Council may alter, lessen, or adjust the employee housing requirements as applied to the particular project under consideration to ensure that no illegal uncompensated taking occurs. The decision of the Town Council shall be final, subject only to.judicial review. Section 26. 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 27. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 40 Ordinance No. 1, Series of 2008, second reading Section 28. The amendment of any provision of the. Town Code as provided in this . ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or . superseded unless expressly stated herein. Section 29. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6t' day of May; 2008 and a public hearing for second reading of this Ordinance set for the 20t' day of-May, 2008,. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20t~' day of May, 2008. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk 41 Ordinance No. 1, Series of 2008, second reading 2008 Major Development Projects in Vail o ~O 1,W0 Feeet e - Y e ,:~f ' '~i . :y., T{~ ` C ? , ~ y , r,• ~ ~e~'~f ' . A ,r~' .+.:!VR p l.~~ M 'P~ ~T`y, . s t%~w°~,. . ~Yr ~ ~ . . . u~ : S 'A A ,~s• 3 i . i . I.,. ~ ~ . , . . : . . . ~r . . , I , G'"'y~. .t~ - . F ~ "e ~ 'i',a'" ; ~ ,,,r`.~' ,nXC•.:,'~~ '`t' . • , ~ ~ y~,t. > ~ r$ ~ 1 3' Y b . ~ e . . 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WESTVAIL PLANNING AREA '1 t % A~7f CHAMONU( . +Y PLANNINGAREA r ~ r ProjectsUnderConstructionln2008(82009) mamav-,eateoby ,he --f~sw11ky, P~, f tms ap sna,a,e ,o,gene,al p„posesoNy . ° .•r k, - iTerovmdvaiaoas ooc rraMmeacc,raquraeldamatimcorAamedneren (nAxeel~v.vn percelGre xork re ero«Imemj Projects In Development Review Process Projects Anticipated For Future Construction r Projects Completed By March 31, 2008 9C1V~'P~' r. . Public l Utility Projects Under Construction In 2008 0 . . . ' . . . : . . ~ - , . ' :,s . Town Council -Attachment B Affect of Ordinance 1, Series 2008 on Currently Recognized Major Development Projects in Vail o ~ ,~Fea, e . r . , ,5~ ° F „al F ! ' 4 ' • ~t;•?•~ ~e~ . ; ,n I~ :l~~i. , ti ' i t . .~:4 r.r, i, ,5~~. A~~~~ ~`eG Fl''~~ fK~`~. v °q~:, '~fi• °+~4',~ ~ .~1b~.~i~r,s r~ ;t;~ ~ y,° o~ p~~ ar;.. x c, ~ x€. ,~t ~r ~!1 rr,t-,. 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T r l~~~ w~-~f~'''" . ~ p~~~ ~ Current Projects Exempt from Ordinance 1, Senes 2008 10NN~' M r 1 a 1 Town Council -Attachment C ORDINANCE NO. 11 SERIES 2008 AN ORDIIdANCE AMENDING TITLE 4 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW CHAPTER 12, ENTITLED "SEXUALLY ORIENTED BUSINESSES" ; AND .SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vaii, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charte.r (the "Charter"); and WHEREAS, the members of the Yown Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the 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 inrlude increased rates of certain crimes, including prostitution, robbery, assault, theft, loitering, pandering and public intoxication, the spread of sexually transmitted di5eases, 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 Council, in enacting this ordinance, expressly relies on the findings of the 10"' Circuit Court of Appeals in Z.J. Gifts D-2, LLC v. City of Aurora, 136 F.3d 683 (10'' Cir. 1998), reversed on other grounds at 311 F.3d 1220 (10th Cir. 2002), reversed at 541 U.S. 774 (2004), and Esseiice, Inc. v. City of Federal Heights, 285 F.3d 1272 (10th Cir. 2002), concernirig the adver-se secondary effects of sexually oriented businesses on communities in Colorado and elsewhere; and WHEREAS, the Council, in enacting this ordinance, expressly relies on the findings of the United States S)upreme Court in City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002), Renton v. Playtime 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 ori surroundirig areas; and WHEREAS, to reduce the adverse secondary effects caused by sexually oriented businesses in the Town, the Cauncil deems it appropriate and necessary to adopt regulations for sexually oriented businesses. NOW, THEREFORE, BE IT ORnAINED BY THE TOWN COUNCIL OF THE TOWN OF VAOL, COLORADn, THAT: Ordlnance No..11, Series 2008 1 A~ Section 1. Title 4 of the Vail Towr Cude is hereby amended by the addition of a new Chapter 12, which shall read as follows: CHAPTER 12 SEXUALLY ORIENTED BUSINESSES 4-12-1: PURPOSE: The purpose of this Chapter is to promote and protect the public health, safety and welfare by regulating sexually oriented businesses through the establishment of reasonable and uniform regulations to reduce the adverse secondary effects of sexually oriented businesses within the Town. This Chapter is not intended to limit or restrict the content of any communicative muterials, including sexually oriented materials. This Chap':er is not intended to restrict or deny access by adults to sexually oriented materials protected by the First Amendment of the United States Constitution or Article II, § 10 of the Colorado Constitution or to deny access of distributors or exhibitors of sexually oriented entertainment to their ir+tended market. Finally, this Chapter is not intended to condone or legitimize the distribution of obscene material. 4-12-2: DEFlNlTIt)NS: For purposes of this Chapter, the following terms shall have the following meanings: . , ADULT ARCADE: Any commercial establishment in which the public is permitted or invited where, for any form of consideration, one (1) or more motion picture projectors, slide projectors, image or virtual reality producing machines or similar machines, for viewing by five (5) or fewer persons per machine at any one time, are used regularly to show films, motion pictures, video r,assettes, slides, digital images, electronic reproductions or photographs describing, simulating or depicting specified sexual activities or specified anatomical areas. ADULT STORE: Any commercial establishment which, as one of its principal business pLarposes, offers for sale or rent for any form of consideration one or more of the following: (1) books, magazines, periodicals or other printec matter, or photographs, films, motion pictures, video cassettes, slides, compact discs, digital video discs (DVDs), digital images or other visual representations which are characterized by their emphasis on the de~.~i,---tiar or description of specified sexual activities or specified anatomical areas; or (2) instruments, devices or paraphernalia designed for use in co-nn-ection with specified sexual activities. ADULT CAB.4RET: A nightclub, bar, restaurant or similar commercial establishmPnt which, for any form of consideration, regularly features live performanc-es which are characterized by the exposure of Ordinance No. 11, Series 2008 ~ ; specified anatomical areas or by the exhibition of specified sexual activities. . ADULT, MOTION PICTURE THEATER: A commercial establishment which is characterized by the showing, for any form of consideration, of films, rriotion pictures, video cassettes, slides, compact discs, digital video discs (DVDs), digital images or other visual representations that have an emphasis on depicting or describing specified sexual activities or specified anatomical areas. ADULT THEATEF?: A thE:ater, auditorium or similar commercial establishment which, for any form of consideration, regularly features live performances which are characterized by an emphasis on exposure of specified anatomical areas or specified sexual activities. CONVICTED: Having been found guilty by a judge or a jury or entering a guilty plea or a plea of nolo contendere, and includes deferred judgments, deferred sentences, deferred adjudications and plea bargains, whether or not an appeal of such c;onviction is pending; excluding any conviction overturned or vacated by appeal or other force of law. EMPLOYEE: A. person who warks flr performs work or service in or for a sexually oriented biasir.ess on a full-time, part-time or contract basis, with or without compPr,sation, re,rardless -of whether such person is designated as an employee, independent contractor, agent, volunteer or any other status; exclLic:ing any person on the premises for repair or maintenance of the pre:mises or for delivering or removing tangible . personal property to oi, fi om ttie premises. LICENSED PRFMISES: The building or structure in which a licensed sexually oriented business ia operating. SEXUALLY ORIFNTED Bl1S1NESS: 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 Iir,Fr:sed by the State of Calorado engages in approved and recognizeki sexual therapy. SPECIFIED ANATOMICAL AREAS means any of the following: (1) human genitals, pubir, ri-gion, buttc;.ks, anus or female breasts below a point immediately above the top nf `hP areola, which are not completely and opaquely covered; or (2) human rriale genitals in a discernibly turgid state, even if completEr;y and opaquely covered. . SPECIFIED CRIME: Any of the following crimes committed under the penal or criminal r_.ode of any inunicipality, county, state or country: sex crimes against chilld,en; sexua! abuse; sexual assault; possession or distribution of child pnrnography; distribution of an illegal controlled Ordinance No. 11, Series 2008 ~ t substance; prostitution, promotion of prostitution or pandering; and organized crime if such organized crirrie is comi-nitted within the premises of a sexually oriented business in the Town or elsewhere. SPECIFIED SE):UAL ACTIVITiES: Any of the following: 1: Fondling or other intentional touching of human genitals, pubic regian, buttucks, anus or female breasts; 2. Sex acts, normal or perverted, actual or simulated, including interc^ursE:, oral copu!ation and sodomy; 3. Masturbation, actual or sirnulated; or 4. Human genitals in a state of sexual stimulation or arousal; human excrEtory functions as part of or in connection with any of the activities set forth in subsections 1. through 4. hereof. 412-3: LICENSE iREQUIRED: All sexually oriented businesse, in the Town shall be licensed as set forth in this Chapter, and it shall be unlawful for any person to operate a sexually oriented business in the 'T"own without a valid license issued pursuant to this Chapter. 4-12-4: LICENSE .APPLICA,TION: A. Applicants. for a sexually oriented business license shall submit a written ap Acation to the Town Clerk which includes the following: 1. The riame, a;idrnss, telepho7e number and date of birth of the app!ic<~nt and, If anl~,iir.able, each of its officers, partners, directors and registered agents; 2. Tt:e trade name uf the applicant and copies of all documents recarding the trade name, including the trade name affidavit; 3. The name of any other sexually oriented business in which any officer; director or partner has a financial interest; , 4. The ac'dress of t??A premises to be licensed; 5. Ifi ine applicant is a corporation; copies of the articles of incorporation, bylaws and last annual report; Ordinance No. 11, Series 2008 4 6. Copies of documer:ts demonstrating that the applicant has a legal right to possession of the premises to be licensed; 7. A sketch, drawing or diagram drawn to scale and showing the configuration of the premises, including total floor area to be occupied by each sexually oriented business; and 8. A description of the type of sexually oriented business proposed, such as an adult store, adult cabaret; adult theater or adult motion picture theater. B. Each applir~-lJon shall bF verified and acknowledged to be true by the applicant or the managing partner, president or other officer having the authority to s;;n for thE applicant. C. Each apNlication shall be accompanies by a non-refundable application fee in accordance with a fee schedule maintained by the Town Clerk. 4-12-5: BACKGROR1ND INVFS'TIGATION: A: Upon receipt of a.r,on;p!eted application, the Town Clerk shall perform a backgrnund investigation of the aoplicant and its officers, directors and partners, and the information contained in the application. B. The Town Clerk may to investigate any fact related to any of the criteria set forth in this Chapter that may be relevant to determine the eligibility of the applicant for a sexually oriented business license. C. The Tolnln r!erk rnay s:ek ar:d obtain the assistance of law enforcement agencies in conducting the background investigation. D. The back around investigation shail be. completed within forty-five (45) days of re^Pipt of thP cnmpleted application. 412-6: ISSUAMrk t.)R DENI,AL: A. Within ten (10) days of the completion of the background investigation, the Town Clerk shall either issue the sexually oriented business license or iFsua a writtFn ~ztatement of denial. The license or statement of denial shaM be ser,t via ',Jnited States mail, postage prepaid, to the applicant at the address provided on the application. The Town Clerk shall issue the 'N~~n.se unless c r e or more of the following is true: 1. 1"he applicarit has not paid all required fees. 2. The applicant or any ofi its officers, directors or partners is undE, eighteen (18) years of age; Ordinance No. 11, Series 2008 5 ~ 3. The a* :)plicant i_.z. riot qualified to conduct business under applicable state or federal 1aw or Town ordinances; . 4. The applicant has knowingly provided false information to the i own on an application for a sexually oriented business license; 5. T'he location cf the proposed sexually oriented business does not comply with tlie location requirements set forth in the Town's zonilng ordinance; 6. 1-he ;Dremises in ~.vh:ch the sexually oriented business is proposed to ba located da-as not corriply with applicable Town _ ordinances, such as the bUldir,g code, electr9cal code or fire code; 7. The applicant is delinquent in the payment of any taxes, fees, or other payments owed to the Town; or 8. The applicant or any of its directors, officers or partners has beer. convictQd of a specified crime in the two (2) years precedir,g tho date of the application. B. Within ten (10) days ot the date of a written statement of denial, the applicant may submit awritten request that the Town Clerk schedule a hearing before the Town ,Council on the application. The hearing shall be held at the next rPgularly scheduled Town Council meeting occurring a` fr:..ast ten (10) days after receipt of the written request. C. At #he 1" 1.(,,~ring, t!-s applicant may present additional evidence, either dociaiiientary cr +hrough witness testimony, which is relevant to the aupl3caiit's eligibiNity for a sexually oriented business license. D. At the coriclusion af the , hearing or within terr (10) days thereafter, the Town C'ouncil shall <<ither order that the Town Clerk issue the sexually oriented hu!~insss license, or issue a written order denying the application for the sexually oriented business license. E. If the T~w~? Council denies the application for a sexually oriented business Fcar;;,r~, the ToiAin Council's decision shall be final, subject to judicial rPVi(::,,%, pursuani to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. Ordinance No. 11, Series 2008 ~ 4-12-7: TERM OF ,_1CENSE; RENEINAL: A. All sexuaily oriented business licenses issued under this Chapter shall be valid for one year from the date of issuance, unless revoked or suspended as provided in ttiis Chapter. B. Written application for renewal of a sexually oriented business license shall be filed with the Town Clerk at least sixty (60) days prior to the expiratiori of the currE:nt license, together with the applicable annual license fee. If no application for renewal is timely filed, the licensee has waived ;f!; cption to rert;,.v the license and must re-apply for a new license. C. Applicat:on:>. for renewc-il shall include the same information as an original applicat~on; except as the Town Clerk deems redundant. D. The proced-.ares for renewal license applications shall be the same as the procedures fiar new license applications. 4-12-8: LICENSE NnNTRA1dSF'ERABLE: A sexually oriented business license issued under this Chapter is nontransferable. By way of example but not limitation, a new sexually oriented business lice:n,;e shall be -equired upon: the sale, lease or sublease of the sexually orientPd btasiness or the licensed premises; the transfer by sale, exchange or similar means of a controlling interest in the sexually oriented busir,ess; or the es!ablishment of a trust, gift, or similar legal device which tr?nsfers ownership or control of the sexually oriented business or the licensed premises; other than transfer by bequest or other operation of law u; o-! tr:e dEa~h o!' i:he person possessing ownership or control. 4-12-9: SUSF'EN J~ON AIVd 6tEVOCATION: A. The To•:^rn Clerk rnay suspend or revoke- any sexually oriented business liren sp issued tander this Chapter if the Town Clerk receives reliable informat'on to estab!ish that: 1. P, rLiisance is heing maintained on the licensed premises; 2. The l;censed prernises are unsanitary as certified by the Eagle Ca.an`,,- rDFpartm9!?t -:)f HeGlth; 3. T'he iicensed premises are ursafe as certified by the Town's buildinci o*ficial, the firs marshal or the fire chief; Ordinance No. 11, Series 2008 7 , 4. The licensee '•,a ~knowingly permitted on the licensed premises: the possession, sale or use of illegal controlled , substance's; any spECified sex:..;al activity; or prostitution; 5. The licensee or any of its officers, directors, partners or employees has been convicted of a specified crime during the term of the license; or 6. Tl;e licensee knowingly provided false information on an application fiDr a sexually o;-iented business license or renewal of such a license. B. At least ±~r/enty (20) d9,.,s ')efore the Tflwn Clerk suspends or revokes any sexually o:•iEnted business license, the Town CIerK shall provide written noticE; t1c. tha Iicense-E, via UnitFd States mail, postage prepaid, to the addre::s provided on the most recent application, of the allegations supporting the suspension or revocation. C. During the twenty (20) day period, the- licensee may file a written request for a stay of the r:Lispension or revocation pending a hearing before th? Tmvn Counkci! on the allegations to support the suspension or revocatior. ~ D. The hearirr shall be~ at. the rext regularly scheduled Town Council meetin; e' !east ter C) days aftei- receipt of the request. E. At the hr:-)aring, the applicant may present additional evidence, either documentary or through witness testimony, which is relevant to the susper:,ioi-, or revocation. F. At the con^.Iusion of the hearing or within ten (10) days thereafter, the Town Council shall order that the sexually oriented business license be sc!inended for -q period of time not to exceed one hundred eighty (180) .Mys, or `,1:h-3t 'he license re revoked, or that no action be taken with ,Ms ::-elct t0 thE7 li'.-n:;e. G. If the ToNv;l Counc'! orders suspension or revocation, the Town Council's decision shall be firia!, subject to judicial review pursuant to Rule 106(a)(4) of tr^ CoIQrado R!iles of Civil Procedure. 4-12-10: GENERr1I. REGULATIONS: A. All licen,-e%i premi>e:z shall camply with all applicable Town regulations and ordir,:ar~~:s, in&ic+~-~i Nut not limited to the building code, fire code, electrical c.rr!Q, zoning re.r,.~_09tions, businPSS licensing and sales tax collection. Ordinance No. 11, Series 2008 15 • ' B. Every Eo;:-.,a!ly orier;te(I ':,usiness license issued under this Chapter shall be displayed iri a conspicuous place on the licensed premises in a clear covc:; or frame, and shall be available for inspection at all times by the public. C. All licerised premises shall be maintained in a clean and sanitary condition, ard shall be cleaned at least once daily and more frequently when necessaiy. D. Trash and carbage not be permitted to accumulate in any licensed premisr:~: the outside any licensed premises. E. All materin's, devic(is !-~r.c± novelties offered by a sexually oriented business which depict sper,ified sexual activities or specified anatomical areas shall be displayed so that they cannot be seen by anyone other than cu SI`cr.7ers wha have entered the licensed premises. 412-11: DANCE AND EfVTERTAINMENT aEQUIREMENTS: , A. An adu!t caharet or adu!t theater at which employees dance shall have one or mnrP stages or cimi!ar structures specially designed for dancing, which shall `;,e constructed in accordance with applicable building code regulations, an,4 Inceited insidn `ra licensec+ premises. Employees shall dance only upar ^,;.;;,h stage nr s;ri:cture. B. When an employee dances on a strurture which is designed to hold not more than two (2) persons, the structure shall be level, of sturdy construction ard -ti:,urely f--,siQnPd to the floor or wall during dance performances. Steps and handrails shall be required on all such stages and structures wherE ±l~- r.!atiorm :)n 'Nhich the employee dances is more ' than eight inches (E"). the s+:,-f: :.ipon whict1 the structure rests. C. Any cad~.:!t ~-:jh,:2,refi tir=.r ,,^!i.i!± theatre rh; !I have one or more separate areas des+gnMed in the di:Igram suhmitted as part of the application as a stac;e for the licerisee or employees to perform as entertainers. Entertalr~~'f:-.s sha'I pe+{crm only upon the stage, and the stage shall be fixed ar.cJ ;,movaki6e. D. No seatinc for the a,udience shall be permitted within three feet (3') of the edge of ~::ny stage: .:~r~d nQ members of the audience shall be permitted upon any ;-!`,,ge or irJthir i:hr~ie feEt of the edge of any . stage. . 412-11: LIGHTRNJIG, RGQU112r.-r1ENTS: A. Wher• the ^^cupant capacity of any licensed premises, as determined by the fire d9partmPrt, is at least fifty persons, such licensed Ordinance No. 11, Series 2008 / • premises shall have electric, battFr/-operated emergency lights using reliable storage batter.g~~araperly ry;_t;~':ained and charged. B. The int~~~j,0:- portion af licensed prernise to which patrons are permitted access sr:i1i be equippEd with overhead lighting fixtures of sufficient intensity to ~t??Lirninate every place at an illumination of not less than two (2) foot-car:dles as measured at the floor level. It shall be the duty of the licensee and ernployeps present on the premises to ensure that the illumination c'eE-,:ribed abo--in is maintained at all times that any patron is present on the prem'.ses. 4-12-12: HOUF?FF, 0PEF:,AT'p'1,. It is unlawful `nr ,:i sex;a~,Vy c-;ented b! .i,iness to be open for business or for the I'rnnspe or ;a c;mployes of a licensee to allow patrons upon the oremises on any Monday through Saturday between 2:00 a:m. ar;; 7:00 a.m.; and on any Sunday between 2:00 a.m. and 8:00 a.m. 4-12-13: AGE R~STRlCTIOIVS: A. It is uM'T.~,!;J1 `ar a I;c _r•.~~~e to adm;t or permit the admission of, any person less than eighteen (78) years of age into any sexually oriented busine$s. B. It is unl~-r.~fO for arr;~ ,.p;rsm to sell. kiarter, give, or offer for sale, barter or gift, to ariy person urder eighteen (18) years of age any service, material, devire or thing sold or offered for sale by any adult store or adult motion picture theater. C. Employe es of any se>;ually oriented business shall be at least eighteen (18) yn^- of age. 412-14: CON[lUf`T: A. No lic,e;~~snr or emIp!c~~Pe shaN encourage or knowingly permit any person cn or iNithi,i tr;e !icensed premises to touch, caress or fondle the genitals, pUb; c region, but:o::ks, anus or breasts of any person. B. No licen~~:&-:~ or emplcyee shall knowingly fail to immediately , report to the police r;era?tment any criminal conduct or violation of any Town ordinance or s+-±o rr federa? ia~A.i. rule or regulation that occurs on or within the licensed prc!rrlses. C. No person stiall engac7e in specified sexual activities on or within a licensed pre~~~~~ Ordinance No. 11, Series 2008 0 D. No licensee or employee mingliny with patrons or serving food or drinks shall be uriclothed or iri such, attire, costume or clothing so as to expose to vievv ;:~r~, specifiea ar-atomical area. E. No empl:oyee shalf receive tips fram patrons except as provided herein. A licensee that desires to provide for tips from its patrons shall establish one or more boxes ar other containers to receive tips. All tips for employees shall be placed by patrons into the tip box. The licensee shall post one or morE signs to be conspicuously visible to patrons in letters at least one inch (1' ) high to read as follows: "Ali tips are to be placed in tip !1;o?c and not i-.aridad directly tu the entertainer. Any physical contact be',,'..v:.!`n the patrori and the entertainer is strictly prohibited." 4-12-15: INSPEUTK:',P!: Every IicenseF ..7haI! permit 1~3',v enforcement officers and any other federal, state, county c)r "i'own agpncy in the performance of any function connected with the =unforcemert of this Ghapter and normally and regularly conducted hy :~R.tr,h agen3y, fio inspect tne licensed.premises for the purpose of ens.:y1nr ,r,omplinrc.r: *fth this Chapter, at any time the licensed premises is rcr,t.pied or c,-;n for business. 412-16: EMPLOYIEL`- pDENTIFICATiON: Each licensee sh:311 provide to the Town t;lerk, in writing, the full name, any aliases, c'ai;,! c7f birth, zi:-id thE current .3ddress and telephone number of every en,-foyee of the licensee within five (5) days of employment. 4-12-17: EXEMPTdfaNS: Notwithstanding anything to the contrary in this Chapter, the following businesses ai ic' ~ rt;viti~ ~~-h^!! be exempt from the requirements of this Chapter: 1. Am- adult ctar.- ;vhich derives !ess than ten percent (10%) of its rro,~s income from the sale of materials depicting specified sexual activities or specified anatomical areas, if such materials are Ios.;nted in a separate room cr booth containing those materials onfy 2. .4:iy r..allege, jiaiiicr collage or university supported, in whofe or in p3r`: t~y t.ax r~v.=n_r, and offering educational programs which, for edur..atianal purposes, may include the depiction of specified sexua' a1ivities or srecified anatamical areas. Ordinance T3o.11, Series 2008 ~ ~ ? 412-18: REGULA.TIONS N07' E:XCLUSIVE: Nothing containnii in this Chapter shall limit the effectiveness or applicability of any other provision of this Code to any sexually oriented business. 4-12-19: PENALI'IES: A. It shall be unlawful for any person, corporation or other entity to violate any provisiun of this Chapter, and ar?y such violation shall be subject to a fine not t(-) :>;t~~?ed ninq ',Vandred ninety-nine dollars ($999.00) and imprisonment for a period nat to exceed one hundred eighty (180) days, or both such f;re iirid impri:;antiment, provikied that no person under the age of eighteen (1 r' ) years a,~;E shall be Subject to imprisonment. Each and every day of violation of the provisions of this. Chapter shall constitute a separate affense punishable as such. B. In the event of violation of any of the terms and regulations set forth herein, the ir.W~ri may a~btain Pquitab(e relief, including injunctive ; relief, to require compIiGnce wifh *.he provisions hereof. If the Town is , successful in obtaini.n;i ':~iunctive or o!.her equitablE relief, the costs and attorney fees incurre,:i by tl-ie Town iii such ac±ion shall be awarded to the Town in addition :-t'rier reli&`. C. Nothing ccnyained hF:rein shall pre:,lude the Town from enforcing the suspen:.ic.n, and cevot::<::±icn provisions of this Chapter in addition to simultaneca_%.';;y or subsequently prosecuting alleged violations of this Chapter under thiis Secticn. ' Section 2. If any p: sgction, 3~_e",:3eetion, sentence, clause or phrase of this ordinance is for any reason +a be srn-~?l;d such deci3inn shall not effect the validity of the remaining portions c` t,Nc: ordi;Irr:;:,:; =nd the Toxvn Council hereby declares it would have passed this orc'ii--ir,{: e, and r•::,: npcart, sectian, subsection, sentence, clause or phrase thereof, regardl,=_-=:; of the fa-.,t triat any one or more parts, sections, subsections, sentences, cr pf-rasr:, e declared invalid. Section 3. The Tov.-:,ouncil hery:1by finds, d?±ermines and declares that this ordinance is necessary ar.d prr: pcr for thiD haalth, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amcn,'ment of any orovisior of the.Town Code as provided in this ordinance shall not any ri0t v.,Nch has acr.naed, any duty imposed, any violation that occurred pri(i.r tr) ffl.e eff:~r_t~vt: rfate hereof, any prosecution commenced, mc,~~rAing as a,.m nenced under, or by virtue of the provision nor any other action or pr amended. The amendmc-:-t :-4any prov'^ic hereby sh_sll nat revive any provision or any ordinance previously or sur~or~,-!cled unless expressly stated herein. . Ordinance No. 11, Series 2008 Section 5. All byla-\lvs: :;rders, rasolu±ions anci ardinances, or parts thereof, inconsistent herewith are 'rE:pF.aEed to :lrE E:xtent only of such inconsistency. This repealer shall not be construz-11 to revise a; tiy bylaw, order, resolution or ordinance, or part thereof, theretofore rcpeak:ci. INTRODUCED, RE:AD ON FIRS` I?E:-ADING, F,PPROVED, AND ORDERED PUBLISHED ONCE IN FULL +N FIRST f:E,ADING tnis 6th day of May, ~ 2008 and a public hearing for second reading af ;his Ordinance set for the 20th day.of May, 2008, in the Council Chambers of the Vail Municipal Eiailding, Vail, Colorado. Town Mayor Attest: Lorelei Donaldson, Tuvvr, '0 Ierk READ AND APPRON,`:".!- ,..::N SCCC);`4C READINC AND ORDERED PUBLISHED this 20t' day of May, 2008. Ric;hard Claveland, Town Mayor Attest: Lorelei Donaldson, Tu~"Vn Clerk Ordinance No. 11, Series 2008 13 RESOLUTION NO. 11 Series of 2008 A RESOLUTION APPROVING AN INTERGOVERNMEWTAL AGREEMENT BETWEEN THE TOWN OF VAIL, COLORADO AIVD THE EAGLE RIVER WATER AND SANITATION DISTRICT REGARDING DRAINAGE A,ND SEWAGE IMPROVEMENTS ALONG BEAVER DAINI ROAD AND BEAVER DAM CIRCLE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the °Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Councii of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Town wishes to make improvements to the stormwater and groundwater drainage along Beaver Dam Road; and WHEREAS, the Eagle River Water and Sanitation District (the "ERWSD°) wishes to increase the capacity of its water and sewer mains along Beaver Dam Road and Beaver Dam Circle; and WHEREAS, the Town and the ERWSD wish to enter into an Intergovernmentaf Agreement ("IGA°) to combine construction efforts of both parties for the purpose of minimizing costs of the drainage and sewer improvements along Beaver Dam Road and Beaver Dam Circle; and WHEREAS, the actions under this Resolution comply with all applicable laws and regulations of the State of Colorado and the Town; and WHEREAS, the Council considers it in the interest of the public health, safety and welfare to enter into this IGA with the ERWSD. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VA1L, COLORADO THAT: , Section 1. The Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA with ERWSD, in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney, for the combined efforts and cost sharing of the drainage and sewEr improvements along Beaver Dam Road and Beaver Dam Circle. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vaif held this 20'h day of AAay, 2008. Richard Cleveland Town Mayor ATTEST: Lorelei Donaldson, Town Clerk Rawlutioa No. 11, Series 2008 4 INTERGOVERNMENTAL AGREEMENT FOR THE 2008 BEAVER DAM ROAD UTILITY IMPROVEMENTS THIS AGREEMENT is made and entered into this day of 2008, by EAGLE RIVER WATER AND SANITATION DISTRICT, a quasi-municipal . corporation and political subdivision of the State of Colorado, ("District") and the TOWN OF VAIL, a political subdivisian of the State of Colorado ("Town"). Collectively these entities are also referred to as the "Parties". ' RECITALS WHEREAS, Eagle River Water and Sanitation District is a water and sewer District organized and existing under the Colorado Special District Act; and W]HEREAS, the District is empowered to provide water and sewer service to its customers and constituents within and without its boundaries, within Eagle County, Colorado, on such terms and conditions as the District may decide; and WHEREAS, the Town of Vail is a Colorado municipality organized and operated pursuant to its home rule charter and Colorado law; and WHEREAS, Section 18(2)(a) and (b), Article XIV of the Colorado Constitution, Section 29-1-203, C.R.S., and Section 32-1-1001, C.R.S., provide for the abiiity of the Parties to enter into contracts and agreements with one another to provide intergovernmental services and facilities, when so authorized by their governing bodies; and WHEREAS, the Constitution and statutes of the State of Colorado permit and encourage agreements between political subdivisions of the State, in order that the inhabitants of such political subdivisions may thereby secure high quality governmental services;and WHEREAS, it is recognized by the Parties, that the public health, safety and welfare of their inhabitants is best served by providing high quality water, sewer and storm dra.inage services; and WHEREAS, the District wishes to increase the capacity of its water and sewer mains along Beaver Dam Road and Beaver Dam Circle ("Water and Sewer Main Project" or "District Project"); and WHEREAS, the Town wishes to make stormwater and groundwater drainage improvements along Beaver Dan1 Road ("Drainage Project" or "Town Project"); and {00085913.DOC I WMEdtEAS, the Parties wish to combine their construction efforts to achieve cost sharing and cost savings benefits, minimize disruption to the neighborhood and to allow the installation of infrashucture projects to.be phased in logical seqiience. The Parties desire for the District's Water and Sewer Main Project and the Town's Drainage Project to be administered, constructed and installed, to the extent provided for herein, as one project (collectively, the "Project"); and WHEREAS, each of the Parties hereto desires to work together to authorize and accomplish the construction of the Project; and . WHEItEAS, each of the Parties hereto has deternuned it to be in the best interests of their respective ta.xpayers, residents, property owners, and constituents to enter into this Agreement. ' NOW, THEREFORE, in consideration of the mutual performance of the covenants, agreements, and stipulations contained herein, and for other good and valuable consideration, the Parties hereto agree as follows: 1. Cooperation... The Parties agree to cooperate in the planning, design, construction, inspection, cost and expense sharing, administration and warrantee phases of the Project referenced in this Agreement and to cooperate and facilitate the combined efforts including, but not limited to the execution of any additional agreements, easements, and rights-of-way necessary to implemLnt the purposes of this Agreement. 2. Desi ng~Costs. The District and the Town have separate agreements with Schmueser Gordon Meyer (SGM) Inc, of Glenwood Springs Colorado, for the project design work. The Districf agrees to pay its portion of the Project design casts to SGM per its agreement with SGM. The Town agrees to pay its portion of the Project design costs to SGM per its agreement with SGM. 3. Project Mana e~ ment: The District will provide a construction management representative ("District Construction Manager") to coordinate the construction work, provide clarifications to the contractor and review and approve proposed field changes, cost changes and time changes in a timely manner. The Town will provide a construction management representative ("Town Construction Manager") to coordinate execution of the Town's portion of the Project with the District Construction Manager as required herein. With respect to communications with Project contractors, suppliers and consultants, the Town Construction Manager shall not have authority to bind, or otherwise affect the obligations of, the District. {00085913.DOC 2 4. Construction Contract. The District administered a competitive bid process for the construction of this Project under the title "Beaver Dam Road & Beaver Dam Circle 2008 Sewer and Water Replacement". The bid documents included items designed for and approved by the Town. Western Slopes Utilities (WSU) was the lowest responsive, responsible bidder, and the District has entered into a contract with WSU. A copy of WSU's bid tabulation dated March 26, 2008 is included as Attachment B. The District will coordinate and supervise the Project, and will be the Owner as defined in the construction contract. The District will coordinate the construction work, provide clarifications to the contractor, and work with the Parties regarding any change orders or modifications to the construction contract. No work for the Town outside of the construction contract will be conunenced without approval by the Town Construction Manager. 5. Construction Inspection. The District Construction Manager will be responsible for construction inspection of its portion of the Project. The Town Construction Manager will be responsible for construcrion inspection of its portion of the project; all communication between the Town Construction Manager and the Contractor shall be via the District Construction Manager. 6. Geotechnical Testin. The District will pay for geotechnical testing costs associated with its portion of the Project. The Town will either reunburse the District for geotechnical testing associated with its portion of the Project, or contract directly with a Geotechnical testing firm. 7. Cost Sharing. The District agrees to pay all costs to the.contraetor for the Project. The District will invoice the Town on a monthly basis for the Town's portion of the work based on work accomplished per the Contractor's invoices and the value of the work listed in Attaehment A. The Town will reimburse the District for the invoiced work within 30 days. The Town represents that it has appropriated sufficient funds to pay in full its obligations heretmder and it has adequate present cash reserves pledged irrevocably and held for payments in this and, if necessary, in any future years. 8. Change Orders. Any change orders that arise during construction related to the District portion of the Project will be nPgotiated between the District and the Contractor. Any change orders that arise during construction relating to Town's portion of the Project will be reviewed by the District {00085913.DOC 3 and Town Construction Manager prior to approval. Change order work will be completed by the contractor at contracted unit costs, lump sum costs agreed to in advance or on a cost- plus basis. Additionally, the Town Construction Manager will review plans and approve change orders in a timely manner. Neither the District nor its contractor will commence any work outside of the contracted items for which it expects reimbursement from the Town without the prior approval of the Town's Construction Manager. 9., Project Meetinjzs. The District will make a good faith effort to invite a representative of the Tawn to meetings concerning the Project, and otherwise provide open communications throughout the Project. 10. Warranties. For any work that the Town deternunes does not conform to the Project or Town ordinances or specifications, or needs to be completed under warranty conditions, the Town shall notify the District and the District will notify the contractor under the terms of the District's agreement with the contractor. 11. Transfer of Warranties and Enforcement Powers. District will use its best efforts to obtain, in writing, requisite warranties of at least a TWO-YEAR period from District's contractor for workmanship and/or materials for facilities, infrastructure, and appurtenances constructed for the Project. The District will make its best effort to transfer warranties for the Town's portion of Project facilities, infrastructure, and appurtenances to the Town. , 12. Release from Liabilitv. The Parties are affecting this undertaking to achieve mutual benefit; and, accordingly, hold each other harmless pursuant to Section 25 frorr: all but gross negligence in executing the terms of this Agreement and completing the Project. The Parties agree to utilize tlieir . best efforts in performing all terms of this Agreement. 13. Enforcement. The Parties agree that this Agreement may be enforced in law or in equity for specific performance, injunctive, or other appropriate relief, including damages, as may be available according to the laws and statutes of the State of Colorado. It is specifically understood that by executing this A;reement each Party commits itself to perform pursuant to the terms conta;ned herein, and that any breach hereof which results in any recoverable damages shall not cause the termination of any obligations created by this Agreement unless such termination is declared by the Party not in breach hereof. {00085413.DOC 4 j 14. GoverningLLaw. This Agreement shall be governed and construed in ` accordance with the laws of the State of Colorado. , 15. Venue. Venue for the trial of any action arising out of any dispute hereunder shall be in the Eagle County court, State of Colorado, pursuant to the appropriate rules of civil procedures. 16. Captions. The headings and sections and paragraphs are included only for convenience and reference. If any conflict between any heading and the text of this Agreement exists, the text shall control. 17. Binding Agreement upon Successors and Assi rg_is. This Agreement shall run with the land, and the rights and obligations created hereby shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. 18. Interested Persons. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or corporation or governmental entity other than the District and the Town, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained, nor limit in any ways the powers and responsibilities of the Town, the District, or any other entity not a party hereto. 19. Notices. All notices, requests, demands, consents and other communicatioris hereunder shall be transmitted in writing and shall be deemed to have been duly given when hand-delivered or sent by certified, United States mail, postage prepaid, with return receipt requested, addressed to the parties as follows: Stan Zemler, Town Manager Town of Vail 75 South Frontagz Road Vail, Colorado 81657 With a Copy to: Matt Mire, Towm Attorney Town of Vail 75 South Frontage Road Vail, Colorado $1657 Eagle River Water and Sanitation District {00085913.DOC 5 Dennis Gelvin, General Manager 846 Forest Road Vail, Colorado 81657 With a Copy to: James P. Collins, Esq. Collins Cockrel & Cole 390 Union Boulevard, Suite 400 Denver, Colorado 80228-1556 Either party may change the ad.dress at which it receives written notice, by notifying the other party in writing in the manner.provided herein. 20. Severabilitv. If any'portion of this Agreement is held invalid or . unenforceable for any reason by a court of competent jurisdiction as to either Party or as to both Parties, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provisions shall be fully severable and ttus Agreement shall be- construed and enforced as if such invalid provisions had never been inserted into this Agreement. 21. Waiver. The waiver of ariy breach of any of the provisions of tlus. Agreement, by any party, shall not constitute a continuing waiver of any subsequent breach by that party, either of the same, or of another provision of this Agreement. 22. Amendment. This Agreement may be amended, modified, changed, or terminated in whole or in part only by written agreement duly authorized and executed by the Parties hereto'. 23. Dup,licate Originals. This Agreement may be executed in counterparts, each of which shall be an original, but all of which together, shall constitute one and the same agreement. . 24. Seoarate Entit Sus. In no event sliall either party, its employees or its representatives, be considered or authorized to act as employees or agents of the other party. ` 25. Indemnification. Each party, to the extent pemutted by law and subject to all of the immunities, defenses and protections afforded to that pariy by the Colorado Govemrnental Immunity Act, shall indemnify and hold harmless, {00085913.DOC 6 the other party, its officers, directors, employees and agenfs from and against any claims including attorneys fees, arising out of the negligence of the officers, employees or agents of the indemnifying party and rising out of the performance, of services under this Agreement. 26. Force Maj.eure. No party shall be liable for any failure to perform as - required by this Agreement to the extent such failure to perform is caused by any reason beyond the control of that party.or by reason of any of the following occurrences, whether or not caused by such party: strikes, labor disturbances or ?abor disputes of any character, accidents, riots, civil disorders or commotions, war, acts of aggression, floods, ea.rthquakes, acts of God, explosion or siinilax occurrences; provided, such party shall exercise its best efforts to provide the best possible alternative performance J and to prevent the foregoing occurrence from obstructing full performance. Such occurrences shall not terminate this Agreement and shall not affect this Agreement except as provided in this Section. 27. Entire Ajzreeme-qt of the Parties. This Agreement represents the full and complete understanding of Parties, and supersedes any prior agreements, discussions, negot.iations, representations or understandings of Parties with respect to the stibiect matter contained herein. {00085913.DOC 7 ATTACHMENT A (COS'I' S]HARING BREAKDOVVN) {00085913.DOC ' Attachment A: Beaver Dam Road Utility Improvements Cost Sharing between Eagle River Water and Sanffation ,District and the Town of Vail The Town agrees to pay for the following costs associated with its portion of the Project based on the Bid Tab' and agreed upon percentages listed below. quantity Bid item' agreed $ total agreed number(s) Description to by Town unit to by Town $ 1 Mobilization 7.3 % of line item 18,361.54 $ . 2 Traffic Control 7.3 % of line item 23,099.54 $ 3 Erosion Control 7.3 % of line item 139.72 Town of Vail Storm $ 41 through 62 Drainage 100 % of line items 190,504.68 . ~ 34 pulverize roadway 361 square yard 812.25 Class 6 ABC, $ 33a roadway 110 tons 7,148.90 $ 32a Asphalt, roadway 25 % of line item 64,698.89 , The Town agrees to pay for the following costs associated with its portion of the Project based on field measured quantities, Bid Tab' unit prices and actual costs. quantity Bid agreed itemlnumber Description to by Town unit price Unit as required for 4 Survey Town work actual cost field $ 32b Driveway asphalt measured 391.88 ton Driveway base field $ 33b course measured 43:56 ton field $ ' 37 Seeding measured 4,474.38 Acre field $ 38 Sod measured 1.11 sf Irrigation field $ 39 restoration measured 25.00 If (1) bid items: refer to Attachment B ATTACHMENT B . SCHEIDULE DATED MARCH 26, 2008) (WSU BASE laID , t {00085913.DOC EAQLE RIVER WATER AND SANITATION DISTRICT BEi4VER DAM SEWER & WATER REPLACEMEIVT BASf BiD 3CHEDULE ,TEM EST. DESCRIPTION AND UNIT UNIT TOTAL ~VO. aTY. UNIT PRfCES IN WORDS PRICE PRICE 1. Job L.S. MoWltzatfon for work inGuding mobiliza6on, demobil¢ation, removai and storage of materiafs, cleanup/revegetation of VRI staging area for construction season 2008 and 2009, wilf be paid 5096 2008 and 5096 2009, per lump sum. $ Zs a$ Z.s?,sZ~ S t • (Lump gmilPrim - W ds) 2. Job L.S. Coastruetion Treftic Contro{ ~vt' auov~ inciudes the preparatbn of approved Treffic Cantroi Plan, ali _ signage, refledors, cones, flaggers, notfication, coordination and all other traffic control required per MUTCD and Technical Spec. 01570, complete and in place, payment 4ased upon project % complete, per lump sum. $ $ 3 t4*,q3Z. , (Lump Sum Price - Words) t~ls+i Job k.S& Consftucdon Eroston ControO ' to oomply with erosion control plan (sheet 2) and CDPHE . Stonnwater Discharge Permit, induding securing permit, instailatbn, maintenance and removal upon final stabiiiration, wili be paid 50% 2008 and 5096 2009, per lump sum. O$ s vi ~ (Lump Sum Pnce - W s Jot, L.S. Construction Survsying Provide all constnuction survey neoessary to complete im(uavements based upon control paMs provided by the owner, payment based upon project 96 complete, per lurnp ~ Zrn. ~ ~ _ &401/ $ (Lump Sum Price - Wo ) ~ ~ft,~ ~ a "3* 3ow ,W.W .,QO" RWANd 00 SCHEDULE.Oc f ~ EAGLE RIVER WATER A11lD SANITATiON DISTROCT BEA!/ER DA1lA SEWER & WATER REPLACEaVIEIVT BASE BID SCHEDULE ITEM W. DESCRIPTION AND UNIT UNIT TOTAL NO. aTY. UPIIT PRICES 1N WORDS PRICE PRICE 5. 3495 L.F. 8" OIP. CLASS 52 Waterlicn includes excavation, dewatering, bedding, nstive hackfpl if , import is not requlred, joint restraint 8 concrete reaction blocks, flttings (not including fitdngs for fire hydrams or services), appurtenances, testing and disinfection, complete and in place, psr linear foot (ERVUSD detail W-03, W-12) 1 ~euv too $15~} $ 5 y ) ~~5_ (Unit Pr(ce - W rd ) - f:. EA 8" Gate Valve ~ Includes excavation, dewatering, plaoement, appurtenances, jotnt restraint, bedding and backfill, tesNng and disinfection, . compiete and in place, per each (ERWSD detail W-08). 15 v Z D~.N. IIAOOJ 0 (untt Price - words) ; 4 EA 6" Gate Valva, (not induding valves for fire hydrants) include excevation, dewatering, piscement on existing watee 1ine, appurtenences, join# restreint, beddinQ a»d , backfil{, testing and disinfection, complete and in place, , per each (ERWSD detail W-08). ~ Lo. 5~l$ (o+l~AA (Unit Price - Words) _ 7 EA Fire Hydrant Assembly include excavet+on, dewatering, plecemerrt, appurtenances, tes & valve, jotnt -restraint, beddinS and backfill, testing and disk?tection, complete and in place, per each (ERWSD detei! w-o7)• 6~ 69 $1i~,.~$ A I Ek.t,- &ML (Unit Price - Words) -~3 1 EA Combtnatior? Air Va4veNac llAanhole w/ Z" Air Relessm , , indude excavation, dewatering, backtiA, air release valve. appurtenances and fittings, manhole, Pipin9 and testing, compiete and in plaoe, per each (ERWSD detall W-01 ~S w ~ k;ru.. ~-~q$5 ~ L ' (Unit Price - Words) 4s., S 1: a071ZOt3-2P7101 Besnr +n!:S~ i11200l-0b RaYta BOSClfEDIN.Eaoe 2 o / EAt3LE RfVEbi WATER AND SANiTATiON DISTRICT BEAVER DAM SEWER & WATER REPLACEMENT BASE BID SCHEDULE 1TEM EST. DESCRIPTfON AND UNIT UNIT TOTAL lVO. f1TY. UNIT PRICES tN WORDS PR1CE PRICE 10. 27 EA Water Service Reconnectlon ' Including excavation, dewatering, bedding and backfdl, 8x4 , MJ DI tee, 4° MJ DI Plug. 2" threaded corp stop, 2" copper _ service llne, transition to exfsting servloe size, reconnection to existing house service, removal and abandonment of portion of existlng service, labor artd materiais, ccmplete and in ptace, per each (See detail sheet 10). . . (Unit Price - Words) i , 11. 90 EA Wster Service Reconnection wl Curb Stop including excavation, dewatering, bedding and backfitl, 80 ~ MJ DI tee, 4" MJ 01 Ptug, 2" threaded corp stop, 2" oopper . service (ine, 2" curb stop and box, transltion ta existing se?vice size, reconnecfion to existing house service, remova! and abandonment of portion ot existing senrice, labor and materials, complete and tn plaos, per- each (See detail sheet 10). ` ~ ~o $!Ubb -$.551.66-0. (Unlt Pdce = Words) " 2. 3 EA Connectioris to exist(np wster system 1, inciuding verification of location and depth, excavation, dawatering, bedding and backfiD, cutting and removai of ~ existing piping, connection piping (8", 8" or 12"), sp6cing, jofit restraint 8 concrete read'an Wocks, removal and abandonment of existing ptping, testtng and disimfection, complete and in place, per each 3 4 ~ 3 ~(10~-'f ukd row/"~ $ 31q9 $1_o4 qq ~ r r (unit Price - Words) +'i At~ 3('tOD N 13. 90 L.F.. Insulation over/around waterltne for the purposes of insulating due to stalowness of waberlire . , . , or proidmity to drainage culverts. Induding additional excavation, bedding and blueboard, complete and in plaoe. ~ per linear foot (ERWSD detail W,-20). ~ 7? p I Au" Lis 1IOo $_11 ~ $ 1i ~Sv (unc Price - woros iUoanaeOs:rno, auval o 01%200e45 wwea 00 saaDUx,Lmc 3 l 3 ~~-2 ' EAOLE RIVER WATER AND SANITATION DISTRICT l3EAVER DAM SEINER & lNATER REPLACEfV1EIVT BASE 8iD SCHEOULE ITEM EST. DESCRIPTION AND UNlT UNIT TOTAL N0. QTY. UNIT PRICES IN WOROS PRICE PRICE 14. 1 EX Ground 1Nater Barrler (allowance) including additional excevation, dewatering, barrler material, , bedding and oompsction, drain to daylight, dewater(ng as required, miscellaneous labor and materlals, complete and in place, per each (ERWSD detafl W-1.0, S-11). WJ% $ 3~$ 3~0 _ ' l (Unit Price - Words) 15. 4 EA Abandon existing flre hydrants where not paid for separately, including all site work, excavation, dewatering, sawcutting, backfiil, fiiling of pipes or valve lwxes, disposal or removed items, complete and in place, per each. ZS . ~ ~ Zs/wD $ t 5~ $ 6 ZS ' (Unit Price - W s '8. . EA Abandon existing vahAs where not paid for separately, including all site work, excevation, dewatering, sawcutting, backfiJl, filling ot ` pipes or valve boxes, disposal or removed items, complete and in place, per each. ~ ~oo $ ~-S $ 6 25 (un;t 'ce - words) ' 7. 1 EA 3amp0ing Station to tinish grade, complete and in place, per each (Eciipse No. 88, per detaif sheet 10). Including excavation, dewatering, bedding snd backfill, tap, 2" copper service line, 2° curb stop and box, labor and materials, complete ~ ~F~~ee 4134~t (Unit Price - Worris) ~ ~S~lDt7 08. 2941 L.F. 8" Sewerline Instaitation PVC G900, lnctude ali excavation. dewatering, removal and ' disposal of existing, plaoement, appurtenances, bedding and backfilt and teslng, complete and in piace per lineat foot (ERWSD detaA S-10). (unit Prioe - words) . ~•m~..~ z 4 . , EAQLE RiVER WATER AND SANITATION DiSTRICT BEAVER DAM SEWER & WATER REPLACEMENT 6ASE BID SCHEDULE iTEM EST. DESCRIPTiOPI AND UMIT UNtT TOTAL N0, aTY. UN{T PRiCES 1N WORDS PRICE PRICE 19. 23 EA Standard 48" ip Manhcle y. New installation of rnanhole, includfig excavatlon, dewatering, removal and disposal of existing, pfacemeM, appurtenances, connection to exasting I(nes, bedding and backfill, complete and in place, per each (ERWSD detail S- ~l). 1100 (os as $ Mt $ I3~4~, . (Unit Prioe - Words) g' 20. 2 EA, Standard Cleanout _ New installation of cleanout, including excavation, dewatering, removal and disposal of existing, placement, appurtenances, bedding and backfUl, complete and fn place, - i ~ ~ each (ERWSD deteil 8-04). i~r two flc4 y-_ 4"1 QL6." (Unit Prioe - Words) ?1. 16 EA Sewer Service Reconnection . ~ incfuding excavation, dewatering, bedding and backfiU, C- 900 8x4 wye & fiittings, transition to existing service, ?ecannection ` to existing house service, removal and abandonment of portion of existing service, labor and ~ t;. materials, complete and in place, per each. 5p (Unit Price - Words) ~2. t EA. 4" Senrer Service instalfation including excavation, dewatering, tedding and bacfcfiA, C-900 8x4 wye 8flitttngs, transmon to existing servioe, reconnectEon to existing house service, removal and abandonment ot portion of existing service, Iabor and materials, complete and in plaoe, per each. y-O (Unit Prica - Wosds) 1~,~ ~ S~(14o ~ I i,Aoanooa.2mo, eaW cWftee1-20aev4ft,4,m4iuoodos a..%.a sm ~u~ue.eee 5 EAGLE RIVER WATER AND SANITATlON DISYRICT BEAVEFi DAIVI SE1iVER & UVATER REPLACEIVIENT BASE BID SCHEDULE , iTEM EST. DESCRIPTiOPI ANO UNIT IiMIT YOTAL NO. OTY. UNII' PRICES IN WORDS PRICE PRtCE 23. 9 EA. Connection to existing sewer systsm inGuding veriftcation of location and depth, excavation, dewatering, bedding and backfill, manhole connections, cutting or removal of existing piping, splicing, removai and :abandonment ot existing piping, and testing, cornplete and in plece, per each (At MH's #0920, #1120, #1000, #0940, #0920, #0680, #1300, #1440, #1400). yq Q r I i. ~I $ 310 4t $ ~~~9os (Unit Price - Wor ) YA- 1.. . 24. 1 L.S. Sewage Bypass Pumping, for the purpose of contatning and providing continuous sewage flow during constructlon activitles, complete and in - place, per lump sum (see Tech. Spec. 02661). Shall be paid based upon % complete of sewer main. (Lump Sum - Words) 25. 2 `'EA. Abandon Existing Sewer klanhole where not pald for separately, induding ail site work, excavatian, dewatering, backfili, sawcutting, filling of pipes or manholes, disposal of removed items, compiete and in place, per each (MH's #0640 8#1260). Z9 S~ &W 14~ I ~ qvv (Unit Price - Words) t1~,,,~ I . ~ 6. 6*197 Ton Importetl Struclura! Backflfl msterial. Class 2 A8C. including fumishing, hauling, dewatering, placing and compaCting where native mater9al.pulled from excavation is not suitabie per ERWSD or Town of Vail requirements, _ compiete and in placitilad er ton. ~i u~ $ 2 S $ lS'~~~t (U ' Priae - WoMs) .sw~oc~arrc~e~~ ~n~ae.oep.4%.aeic6 r EAGLE RIVER WATER AND SANITATION DOSTRICT BEAVER DAM SEMOER & WATER REPLACEMENT - ' BASf B!D SCHEDULE ITPM EST. DESCRIPTtON AND UNIT UNIT TOTAL A80. aTY. UNt7 PRICES IN WCRDS PRICE PR{CE 27. 2187 Ton Irinported Bedding materlal, Ctass 6 Aggregats including fumishing, hauGng, dewatering, ptacing and compacting where groundwater may bs encountered and ~ screened rock bedding ls not suitable per ERWSD b requirements, compfete and in piace, per ton. S l~ ~?s~IAO $ , (Ut Prlce - Words) 28. 500 S.Y. Subgrade Stabitization, Includes Class 2 at 24" depth, paid for by item #26), g ? inciuding excavaYbn, dewatering, furnish(ng and placement of geosynthetic, complete and in piace, per square yard, as directed in field. ,r 91~ ItQO ~ ci $ TWo- (Unit Prioe - Words) 5830 C:.Y . Expor# Excavatlon including the removal, hauling off site and disposing of excavated and/or unsuitable material, asphalt or concrete ' driveway material, pet cubic yard, as per fietd direction. o~1r~o Z~~~ (Unit ce - Words) .0. 451 S.Y. Asphait Patching Restoration tor utility line woNc induding saw artling of pavement in woric area fcu utility main - and services only, up to s 2" asphatt petch, joint sealing, site preparation. Class 6 ABC, compiete and in piace, per square yard (Vail Rd/BDR 0+50 - 2=00, BDR 20+25 - 22+25, BDR 26+85 - 28+35, BDC 0+45 - 2+00). S t{?j ~ (m lco $ " $ ZS' W ( nit - Words) 1632 S.Y. Asphalt Rsstoratton 2" overlay for utiltty line work , ; including tack coat, overtay of gnft roadway width, milling around drives and match points, site prepsration, complete and in place, per square yerd (Vaii Rd/BDR 0+50 - 2=00, BDR 20+25 - 22+25, BDR 26+85 - 2$+35, BDC 0+45 - 2+00). , I lee $ 3s $ s~ , unit Prte - Words) WWN=4rM berA. .,M" ft*W so SCHEMAE.&C 7 EAGIE RIVER WATER AND SANITATIOW DISTROCT BEAVER DAM SEWER & WATER REPLA?CEMEN't' BASE BID SCHEDULE iTEM EST. DESCRtPTiON AND UNIT UNIT TOTAL NO. aTY. UNIT PRiCES IN WORDS PRICE PRICE 32a. 1206 Ton Roadway Bituminous Pavement _ Grede SX, includes pavement for roadway reconstruction, complete and in place, per ton . • ~ ~ ~ ~ Sy 6wkt:- ~sd $ Z 1 ~ (Unit Price - Words) p - 32b. 25 ..,Tioh ' Drlveway Bituminous Pavement (3" depth) Grade SX, includes pavement for driveway reconstructbn and roadway patching (6° gate valve installatlons). ~ compiete and place, per ton, , 11444c; Aujj IU 3 6+~- loo $Vtl (Unit Price - Words) 33a. 2588 Tan Rosdway Class 6 Aggregate Base Course (mixture of existing, rniilings, and imported material). including furnishing, hauling, placing and compacting beneath streets, cross pans and curb 8 guttec, complete and , in piace, per ton. q ' i $ ~f , ( r?h Pr&:e - wards) 33b. 50 Ton Drivewsy Ctass 6 Aggregate Baae Ccurse (6" depth) • induding fumishing, heuling, plaang and compactlng beneath drfveways, and roadway patching (6' gate valvs instailatlons), complete and in plac;e, per ton. •e ~0 ~w ~6 lceo $ q3 nit Price - wands) 14. 7017 S.(. Pulverise ExisUng Asphatt Mat includes milling. windrow, haul, stockpile bo allow utiNry installatia? and subgrade adjustment vvhere, required, comptete arxi in ptaoe, Per squsre Yard• $ (Unit Price - Words) q I L5L-1)~Sz ! i;.:owon.+rno, e..~er o+~,~a-aooeuea.ee~~?.,aaoe.as ww.e aoaa+EanE.eoe 8 . , EAOLE RIVER WATER AND SAN{TATION DISTRiCT BEAVER DAM SEWER & WATER REPL.ACEMENT BASE 81D SCHEDULE iTEM EST. DESCRIPTION AND UNIT UNIT TOTAL N0. aTY. UNIT PR4CES IN WORDS PRiCE PRICE 35. 25 S.Y. Replace Brick Paver Driveway or Sidewalk • Including removal and resuse of exisbng pavers, excavation, sand bedding end backfill, oompaction, complete and in piace, per square yard. 0 3 o3 s 3, ZZ5' (Unit Price - Words) 36. 50 S.Y. Replace Concrete Valley Pan, Driveway or Sidewatk , . inciuding excevation, bedding and backfill, compactiort, concrete placement (6" depth) complete and in place, per squareyard. (Unit ce - Words) o7. 0.8 Acre Seeding (native) ' Including 4" topsoii, seed, fenilizer, tacifier, placement (hydroseeding) and straw mulch, complete and in place, p 02&Nfta2 1'~i,u? $ 4AW ^ $ 3L5'4q ` (Unit Price - Words) '7GU~ : -8. 3250 , S.F. Sod _ including 4" topsoil, subgrade preparatlon and watering, complete and in piace, per square foot. _ ~ ri (Iao $ ! Oeul. (unk Price - Words) 39. 1Qti 4,.F: IMgation Restoration (allowanoe) including all work to restore irrigation systems encountered throughout the entire project, complete and in place, per iinea foot. ~ ~ s (Unit~rice - Words) F •90. 10 DAY Dewatehng Inciudes dewatering by coMinuous pumping, welt-point system, as deflned by Technicsl Spec 02200 Section 3.03. Complete and in place, per day. $74 V0 $ ~ fo ~ . ; (Unit Price - WoMs) ' „:aWno,-rr?:. e..r.. DMnsV.C..;WWae.rWW O+Mce-os ft*o ero SOMMme 9 t'~rJ - 4 2b ' J , . f EAGLE RIVER WATER AND SAN1TATiOW DISTRICT BEAVER DAnl6 SEUVER & WATER REPLA?CEMEIVT BASE BDD SCHEDULE iTEM EST. ' DESCRIPYION AND UNIT UNIT TOTAL NO. QTY. ~ UN1T PRICES tN WORDS PRICE PRICE TOWN OF VAIL S40RM DRAINAGE INSTALLATION ITEMS: All stornn dratn matertals and concre$e shalbe supplied by the contractor. Contractor Is responsible for coordlnation, installation, Is r and associated labor materisls. For the purposes af appropriate bifiing, the District reques4s the separate bid vafue for the betow items associated with any and all work due to TOV rIoadv+ray'realignment (3+15 to 8+00) and storm dralnsge installation. These values below SHOULD NOT! already be included in simibar bid items for sewer/water tine work. TOV will review the bids for tlWit ttems sepsrately to determine it they will proceed with the corrtrect. The District reserves the right to remove tha Town of Vai &d Items from tt+e contract. 41. 50, L.P. Concrets Curb and Gutter Y Type tl-B, as specified in plan details, including driveway cut, . excavation and compacted bedding and backflll, complete and in place, per lineal foot.. /n/~0~ ~a-y ~ . r ~ ~ $ 3~5 (unit Prtce - wo s) 42. c05 ar:ktF. 3` Concrete Vatiey Pan as specified in plan • ;details, complete in6qplace, perlinealfoot. bg ~S ~ ( (8O ' . . . • ni1 Price - Words) i3. IEA= New GDOT Type C Inlet (close mesh grate) ~ complete and in place, per eadh (see detail Sheet 12). 2A ~ ril~ I ~ s3&)83$ 3~ - (Unit Price - Words) ; ~~tao 44: Q EA, New CDOT Standarcl Curb Inlet • i,• including bicycle safe grate, complste and in ptace, per each (see detait sheet 42). (Unit Price - woros) S , ~ 5. 2 EA Abandon Existin8 CAAP Culvert Complete and in place, per each. 3ti1Od 38 ~ al v4,- $ (Unit Price - Words) ~:o:nrs.sn~~.ee.,~p.m~«.•~oosvae.~a.as~~oaasw~e~ee~o~e:no~ 10 , . i ~ EAGLE RIVER WATER AMD SANITATION DlSTRICT BEAVER DAM SEWER & WATER REPLACEMENT BASE B1D SCHEDULE ?'TIEAA EST. DESCRiPTION AND UNIT UNIT TOTAL 1'40. OTY. UNiT PRICES IN WORDS PROCE PRICE . d; . 46. L.F. Culvert, inctuding excavation, bedding, and compacted backfill, complete and in place, per lineal foot. ~ • 108 a) 18° CMP • ` , 2~? 6 ~ (Unit Price - Words) 93 b) 42" CMP &A4M &q LJ o /it; $ 22 $ d (Unit Price - Wo ds) 93. c} ALTERIdATE: Add for 42° RCP over pri fo`42"CMP. r ~ (Unit Price - W ds) . 7. "Each Cuhrert Ftared End Sections complete artd in place, per each. 2 a) 18" Flared End Sections ~ efwe ~?v4.- $ Ze~ $ `~lc~ (Unit Pric:e - Words) ~ 1 b) 42" Flared End Sections 13 (3 ls~ ~i Owe, YUX" $ ' ~.574. $ 3 (Unit Pnce - woro$) ~A,, 100 4 c) Ai.TER6VATE: Add for 42" CP Flared 84 ~/600 D060`~ End Secbons over price for 42° Flared End seccions. ( Lc~~ I& _ (Unit Price - Words) 4U" ~ canCiect-200Mdadu.0AMN Rodsae mo SCHMLE.aoc 1 ~ . ~ . • 1 EAOLE RIVER WATER AND SANITATtON DISTRICT BEAVER DAM SEVUER & WATER REPLACEiV1ENT BASE BID SCHEDUI.E TEM EST. DESCRIPTIOW AND UNlT UIVIT TOTAL '40. aTY. UNIT PRICES {N WORDS PROCE PRICE a8. EA Storm Drain Manhoie complete and in place, per each. I . a) 4'0 q's (Unit Price - Words) ~ . ; p) 510 , N- dUA^Afttj $~,q13 $Cei9 13 (Unit Price - Words)' ~ A,,- ~ I~op ..a. 5.5 C.Y. Riprap, 42° Stone Sizs fumished for cufvert outlets, complete and in plaoe, per cubic yard. 3'pI1oU 114*C;$ ~j 3~$°lS (Unit Price - ords) .0. ..L.F Ditch, Type 9 TRM Including excavation, erosion control material and revegetation, oomplete and in piaoe, per tineal foot. 55 5, 5; ~ $ 08q (Un Price - Words) ~ l ' 51. 6 EA Pothole Utilkies • to include the potholing of utilitles as necessary and approved by the District cr 4own. Pothoiing to be campleted using non-destructive metlwd, per each. /01~ , . rNWA A4~ $ 15~ $ t Z~QoZ (Unit Price - Words) Pj J,,,, L~C}r ~ 0 O T'-~ 5 2. Q EA RemOVe existing tree (>=12" caltper) . Including protection of existing structures, cutting, removal and disposal, complete and in place, per each. (Unit Price - Words) Z,G L(J-1 ~ q • ao3Ufuzr?no, eew., 0"Moe46 r4xftw em sc?EanF.aoe 12 ( , . EAGIE RlVEii WATER AND SANITATION DISTRfCT BEa4VER DAM SEWER & WATER REPLACEMENT BASE BID SCHEDULE ITEM EST. DESCRtPTiON AND UNIT UNIT TOTAL NO. aTY. U1111T PRICES !N WORDS PRICE PRICE 53. 10 EA Resetting ot Traffic and 3treet Signs, complete and in place, per each. I~~ t~$ 3~Zf $ 3 ~Z (Unit Price - Words) 54. 0 EA Resetting Streetlfght including excavation, placement and backfifl, Complete and in place, per each (see detail sheet 13) . (Unit Price - Words) 55. 0 EA Resetting Udlity Pedestal , including excavation, backfill and coordination with utility per each. (Unit Price - Words) :~8. 0 L.F. Instaii 4" efeatrical conduit, Schedule 80 PVC for streetlight relocation including Venching, piacement, bedding and backfill and coordination with TOV, complete and tin p4ace, per lineal foot. (Unit Price - Words) . 57. 4 S.F Construction of Bou{der Watl inciuding excavation, bedding, piacement and backfill, complete and in place, per square faot/exposed face (see detail shest 13). / $ (Unit Prtce - Words) i~: x3,io3s.rna, ee.,b. s19oo845waes MDaa+EODUEaoc .13 , ~ EAGLE RtVER WATER AND SANITATION DiSTRICT BEA'VER DAM SEaVER & WATER REPLACE4VIENT BASE BID SCHEDULE !TEM tST. DESCRIP'TION APID UNR UNiT TOTAL , NO, a'rY. UNIT PRICES IPI IMORDS PRICE PRICE 8871294 L.F. Roadslde Underdrain incfuding excavation, bedding, placemeM.and backflll, • ° complete and In place, per lineal foot (see detail sheet 12). $sq$ -k~ ( nit Price - Words) , , 59. 100 L.F. Gas Line Relocatton in the event of storm drain or utiiity conilict or to maintain adequate cover, complete and in place, per lineal foot (to estabfish unit cost only). 53 $ 2 3 ( nit Price - Words) 60. 100 L.F. Telephone Line Retocat6on in tMe'event of storm drain or utitity conflict or to maintain adequate cover, complete and in plaoe, per Ifneal foot (to establish unit cost onfy). . s31~~o 53 3s ~ ~ ~i 3 Prim - vwords) E~. 100 L.F. Cabts N Une Relocation , in the event of storm drain or utitity conflict or ta maintain adequate cover, complete and in plaoe, per tineal foot (to establish, unit cost only). ~ f~ ~~o $ Z3 $ Z, 3 3 (u t Price - wads) 62. 100 L. F. Efectric line Relocation _ in the eveM of stomn drain or uU'ltty conftict or to maintain adequate cower, complete and 'm plaoe, per lineat foot (to establish unit cost only). W (Unit rice - Wards) i~~ost~oc,.m~o~ e.a~., ~+aooe-0a ~a.a am sc?~ue.ao~ 14 EAGLE RIVER WATER AND SANITATION DISTRICT BEAVER DAM SEWER & WATER REPLACEMENT BASE BID SCHEDULE 1TEAA EST. DESCRIPTION AND UNIT UNIT. TOTAI W0. aTY. , UNI7 PRICES IN WOROS PRICE PRICE HCE CONDUII INSTALLATION ITEM3: All conduit and vaults shall be supplisd by HCE. Contraator Is res onsible for coordinaUon, tnatallation~ labor and associated labor materlals. For the purposes of ~ppropriate b11Nng, the District requests the aeparate bid value tor the below items associated w(th any and all work due to HCE's conduit and vault installation. These values below SHOULD NOT already be included in simllar bid kems for sewerJwater Ilne work. For the condu(t worh ;he cpntractor may tay the 4" plastic conduit in the same trench as the waterline keeping * Ii6riioMal dlstance, or may instali in an artirely separate trench, or some combinatfon of both. A proposed alignment is shown. CONTRACTOR AAUST SUBMiT HlS PROPOSED METHOD WITH_THE 81D. HCE wtll review the bids for thelr Items separatety to deterenine tf they witl pnoceed with the contract The District reserves the right to remove HCE Bld Items from contract, t ~ 63. 3150 L.F. Condnit Trenching per HCE specifications, inciuding excavation, dewatering, bedding. For separate trench from waterline trenching, to - • 48" depth of cover, backfill, compaction and any addttlonal si, paving or surface feature removat 8 disposal, per linear foot SO /110. ii y; ~ !03(1 $ - ~ , Price - WorYis) E4. 5 *,F, ConcreteVaults - ..-;per HCE speciflcations, instaliation of their vaultss at the ti .4esign locations, excavatan & surface restoretion, per each. l. 1 w,' tq ( l~ $ z o~~D~~, tq e ~ (Unit Price - Words) -_t S 65. 6015 L.F. 4" PVC qecMcal Conduk _ per HCE specifications. instailartior? ot their 4' plastic aonduit(s) at the design tocaWns, per tf. 0~. Zs~~e~, . . ~Unit Price - Words, ~ ~ ~ ~ VI~-~ ~ s ~ 1?~~~t o '~Qaw ov wa1w p, ~A_ ui 00- qq! ? ~,.~,~uoo..:~. ~..•d 8+,200e4asRvW.smosa~aoe 16 EAGLE RIVER WATER a1ND SANiTATION DISTRICT BEAVER DAM SEWER & WATER REPLACENIEIVT BASE BID SCHEDULE iTEM EST. DESCRIPTIOfd AND UNIT UNiT TOTAL 1V0. QTY. UNIT PRICES IN WORDS PR{CE PRICE r ' y 'roTAL BnsE FOR ALL ITEMS: ~ - .v (writen) ' TOTAL BASE BID: $ ~ Y9 ~ . (n eric) Submitted by: vv ' ~ ~ "LL + (oomparry) ~ : Submitted by- RJ_ - o( ~outt+oriza0 Peisorv~el) Oate of bid: _ T~ . . rnro~ir,a~rrroi~ nuoosasao~aoee~au+~aE.a,~ 16 Page 1 of 1 os/}o/ds P~ scot Hunn - STOP, the 50% requirement will result in LESS workforce housing! From: "Greg Moffet" To: Stan Zeml er Pam Brandmeyer Suzanne Si 1 verthorn , "'Nina Timm"' , Date: 05/20/2008 9:04 AM Subject: STOP, the 50% requirement will result in LESS workforce housing! Hi Council So, quickly: if a developer is required to house 6 employees, the new requirement means 3 will go on-site. The minimum square footage to house 3 employees is 750. No sane developer will build a foot more than that, and you can be sure that all 3 employees will share one bathroom (plumbing is expensive). The requirement is for a minimum of 3 employees, but by forcing it on-site that will make it a maximum of 3 employees too. If the same developer goes into the market, he'll have to buy a two bedroom condo to meet the 3 employee requirement. i have yet to find a 2 bedroom unit in town that's as small as 750 sf. In fact most are over 850 sf and have 2 bathrooms. These units can, and will, in realty, frequently house 4 employees (that second bathroom makes a big difference). So by requiring the housing on-site you lose about 100-150 sf of housing, a bathroom and an employee housed. That's a lousy trade. OK, that was the lead, here are the other adverse, and I hope unintended, consequences of requiring the housing on-site: -You will see more SDDs, which goes against the towns policy of reducing the number of SDDs. Why? Because by requiring housing on-site w/o an increase in bulk/mass/density you will push some projects over the edge and make it worthwhile to horse-trade. Moreover that' is the oniy way to get publicly desirable uses (see next). -You will see less square footage devoted to lodging/retail and office. This is for two reasons, first the on-site housing has to come from somewhere, and seoond, each one of those uses creates a linkage requirement. So why build it, the cost just went way up. -You reduce pressure on the free market to deed restriction conversions, further reducing real housing stock. -You take pressure off of integrating housing into the community, thus working against you're stated objected of maintaining and building our wmmunity. It will ensure that an ever increasing proportion of our "residents" are transient labor rather than permanent members of our community. -it's quite likely a"taking", and might well result in a court challenge. I understand that the Housing Authority and Nina favor this, and given their mono-focus on housing, it's to be expected. The Council has a broader perspective and needs to weigh other community objectives in it's decision making. This measure pretty clearly fails to achieve iYs "objective", let alone counterbalance all the other benefts it will reduce or eliminate. Thanks, as always, for your service Greg Moffet Tiga Advertising, Inc. gregCDbusad.com 800-419-6532 No virus found in this outgoing message. Checked by ,4vG. version: 7.5.524 / virus Database: 269.23.21/1454 - Release Date: 5/19/2008 7:44 AM file://C:\Documents and Settings\Administrator\Local Se... 05/20/2008 6S1.9 L %B E'S CSE/sn 2008 RFP Gradin Sheet 5ll g~pg CSE 2008 FUNDING ALLOCATIONS As approved by the CSE on Tuesday, November 27, 2007 2008 Town Council Allocation for Direct Event Funding: $765,250 $765,250 I Event: Producing Entity: 2008 Dates: 2007 Funds 2008$ES 2008 C3E Funds Received: R uested: Allocated: Teva Mountain Games Untraditional Marketing June 48 $90,000 $110,000 $93,575 OktoberfesUHighline Sports Highline Sports & Entertainment Sep 5-7, 12-14 $80,000 $82,500 $81,263 Snow Daze Highline Sports & Entertainment December 1- 7 $55,000 $100,000 $64,025 Gourmet on Gore Highline Sports & Entertainment August 29- 31 $40,000 $75,000 $44,325 Spring Back to Vail Highline Sports & Entertainment April 7- 13 $65,000 $100,000 $73,875 Vail Film Festival Vail Film Institute April 3-6 $65,000 $85,000 $59,100 Vail Farmers' Market (Sundays) Meadow Drive Partnership Jun 15- Sep 21 $50,000 $80,000 . $54,178 ~ The Session Vail Valley Foundation February 7-10 $26,000 $45,000 $13,174 America Days Eagle Valley Events 4Ju1 $50,000 $60,000 $50,235 ~>IFSC Worid Cup UM/COUNCIL FUNDED $50K June 4-8 $0, $50,000 $0 j>Cemivail Highline Sports 8 Entertainment February 3-5 $0 $20,000 $7,880 ~ Kidc-It 3v3 Soxer Tour Team Championships Intemational August 1-3 $30,000 $50,000 $30,000 Holidays in Vail Eagle Valley Events Dec 19- 31 $35,000 $40,000 $35,480 Vail Arts Festival Eagle Valley Events August 8-10 $17,500 $25,000 $18,223 Jau C Arrabelle Square (Thursdays) Vail Jau Foundation Jul 31-Aug 28 $0 $42,500 $26,595 King of the Mtn Volleyball King of the Mountain Volleyball June 13-15 $10,000 $10,000 $7,880 Taste of Vail Taste of Vail April 2-5 $10,000 $30,000 $9,850 >Friday Aftemoon Club Lionshead Mercharrt Group Summer 2008 $0 $30,000 $14,775 Vail Invitational Soccer Toumament Vail Recreation District July 26-28 $0 $3,770 $0 ~ BBO Bonanza Vail Chamber and Business Association 21-Jun $20,000 $25,867 $9,850 ~>Rocky Mountain AMique Festival Moon River Ranch August 1-3 $0 $10,000 $3,448 ~ Colorado Grand Colorado Orand . Sept 19- 20 $0 $5,000 $2,483 ~ Vail Valley Chalienge (soccer) Vail Valley Soocer Club October 45 $0 $10,000 $0 AmbieM Street Entenainment• Resort Events June 20- Sep 1 $50,000 $68,500 $50,238 >LH Kids' Fun Faire&Family Market Blue Creek Produdions 28-Jun $0 $40,000 $0 >Lionshead Chili Cook-Ofl Vail ResteWrent Association 27-Sep $0 $5,000 $4,925 >Betty Ford Alpine Gardens 20th Anniversay Betty Ford Alpine Gerdens Summer 2008 $0 $66,000 $0 Vail Street Sale Town of VaiUOflice of Economic Development August 15-17 $5,000 $5,000 $0 Ski and Snowboard Swap Ski and Snowboard Club Vail November 7-8 _ $0 $7,500 $0 Martial Arts Festival Inyodo Martial Arts 11-Oct $5,000 $7,000 $0 >2008 Unlimited Adventure Series (Thursdays) Vail Symposium " Jan 31- Mar 8 $0 $7,500 $0 >LH Special Event Advertising Lionshead Merchant Group Summer 2008 $0 $15,000 $0 Lacrosse Shootout Colorado Lacrosse Promotions* June 28- Ju 6 $12 500 $10 000 $10 000 Totai Event AllocaUons: $716,000 $1,320,937 $785,331 "'CSE Funds Remalnin : $555 68 $81 '3rd year of 3 year contract with Colorado Lacrosse Promotions "Deficit in allocated funds will come out of the 2008 CSE o eratin expenses bs/ao lo ff w s 1 ~ CSE DISCUSSION T4PICS WITH TOWN COUNCIL JUNE 3, 2008 ¦ Challenges presented by the timing of budgets: The CSE has to prepare it's budget for Council prior to knowing what the opportunities for the coming year will be. ¦ Is there a point at which an event becomes "iconic," and, on account of the large impact on the CSE's budget, moves to the catego .ry of Council Contributions? ¦ Identify events that might be moved into the "culturally designated" category and be funded by the council. It was noted that these events do not receive the level of oversight and accountability that the CSE requires of the events that they fund: ¦ Should the CSE be providing "seed" money to support the start-up period of a new event, or maintain a"sponsorship" role in established events? ¦ How does the CSE maintain the current event calendar AND develop and attract new events without more significant budget increases? ¦ Should we handle the mandated events differently:.i.e. America Days, Holidays in Vail etc.? ¦ Direction on 2009 Budget request: given the direction from the Town Manager to remain within the general increase of 2-3°l0, how are new events or "special opportunities" going to be funded? ¦ Special opportunities funded in 2008 included World Climbing Championships and Colorado Stage International Bicycle Class. How should these events be funded in 2009: o Funding for these two events would be placed into the CSE 2009 budget and event producers would then receive full event oversight by the CSE o Reapply to the Town Council for funding as part of the 2009 Council Contribution request ' s.ao: 08 .teu-~ . North Day'Lot Options rans orta , ~on Vail Town Council . May 20 , 2008 Problem Stateme'nt From Lionshead Redevelopment Master Plan, "The infrastructure of Lionshead (sItreets, walkways, transportation systems, parking, utilities, loading, and delivery systems, snow removal and storage capacitY) and its public and private services rnust be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our, guests and residents. " Lionshead Issues Improper transportation facil ities, hamper the overall guest experience and sense of - a rri va I Transportation operations inhibits improvement of the situation Future demand increase of alternative . transportation modes - ` r Inadequate facilities to encourage further . use of alternative modes, Policy Issues r The master plans will be the guiding documents. P Use creative financing =k To be a premier destination resort meeting or exceeding guest experiences and expectations are important. ` ~ Be prepared to move on opportunities as they present themselves. v As opportunities pass they become irreversible. V It takes commitment, investment, risk taking and vision to remain competitive in the destination resort market. ul- Impacts of project development will be addressed during the project plan review 1k Timing is critical Objectives implementing the Lion head Master Plan Address future transportation demands Provide better pedestrian arrival and guest experiences . u~ VRA funds, invest in public facilities E,E Mitigation of negative impacts u Improve eastern and western gateway entrances through redevelopment opportunities u Economic vitality of Lionshead; the "North Street" concept. ADA issues with the Concert Hall bus stop , Transportation next to the frontage road - efficiency, . - ease of discovery, - smart urban planning regarding the pedestrians - long term transportation opportunities. T-ransportation Demand What exists Current need Future need _ 1 in town 1 in town 2 in town 1 outl in 2 outl in 3 outlYin Y g Y g g 1 regional - 3 regional 4 regional 4 shuttles 4 shuttles 6 shuttles 0 skier 8 skier 12 skier 15'charter 4 charter 5 charter Why Now F The Lionshead Redevelopment Master Plan identifies the North Day Lot as a preferred location for public transit improvements in Lionshead. ~VRA and TIF financing are on track to produce over $ 27 million by 2012. $,5 million in federal dollars are in place to be delivered ~ North Day Lot application now. State Senate Bil! 1 transit funding requests: ~ Other viable site, Lionshead Parking structure redevelopment, current deed restriction prohibits moving forward. - Gas prices and parking demand and alternative mode enhancement t Timing - Lionshead Parking Structure earliest delivery is 2015-2016, - East Lionshead portal could be ready for improvements, - East Lionshead Circle is available for improvements, - Concert Hall will be able to redevelop) - It removes a major unknown regarding TIF project phasing and prioritization. . • Lot ogtIons a 0 - E?~PL 1'~E?`~~ E Q p`R' 0?TlaNA ~E~aP GRp`~ . ~1T ~E E?-a~ . YE~ LCJ t~~V E~iT Vy N~ pill Tt~~ z DEV~' t~aE C~'P ~SIT p~11 GR OFF a-1 p pt~.K 3 ~Rpp TTLE OP~10N SHV R AN~ ~I~CIE ~ EE US~N~ E ~ ' G Ho ~TN . p1~1L,t' pE P CJPT ION pRfJP OF F R ~Np ~ 4 EP?~~ ~l4 ~N~ H+~ Option . ~ ; . . ' y: . ~ . < , L l i CARS . . . ~ . . ~ `"J . . C ,j - ~ IN . , . , . . - . ~ ; ~.;e.f . ~ ^ - . p' UTI 1TY ~ .r . BUS Q11~ • . ~ .r. ~ ~ ~.ut yl " s~`. i.r s ,,,.,~~,.e~~ ~ G--,7~ . x~ . . - .c - yf 4 , x .u. x a„~~,~'.~.- ~ . ~ : : ~ ~ . . ..r~ i ~~r,,,„in~ ~..v~- ~ ~ ' ~:,~'~°~.i . i / ~ J j"i~ ~h '}~ty.YF,~:~?' , , UQ ^ E Y ~ ? MG ~ - j . . . i . " ; fi"°s ~s' - ~ w ~~i ~ s>~~ :10AI . 1 . ~ ~ ~4\ l~+'~'.. 1 - ^ f ¦ f W ~,t ~ ' ~ ~;;v t , ' . L ~$~1"]. ' 4 it' • t s • N : : ....s p ~ ~ . . r i ~ ~ ~ ~ €a r ~ ' SKIER DROP-QFF CAREXi7 4.S /~c'' P ~ ff ~ " ` ~ ' ` .9 5 IER DROP Of SPA ES , t : BUILDIN . - ~„~~......_...---t ~ ~ a: . .~-•---""'t. x „ f ~ ENTAr1NCE ( BUS f SHUTTLE ~D~E US SPACES . E. r : j . . . ~ ~ .N ' ~ ~ ~...L4 . ~1-v . ~ y " ~ i ~ ¦ . . s. re , r ~ r = ~ . ~ t ,u,~ ~k- T , ~ ~ ~ ~ ' • -s. x1" ~ . ~ > ~1. „ r ~ -_.,.-yt5.=%.-.~~-'° ~ - f . ~ ` ¦ -w ~ y , v.. ~.c.r gUILDING SIDEWALK i T CK ~ i ( ~ .t~ ~ . . ~ , . i.. ~ ; _ . ` ' ` ` CANDMARKTOWNHOMES _ ` - . . . _ U-;I ¦ . ion 2 ; . . . ~ ~ ~ $ ~ : . ~ . . ~ . , . . . ~ ~ ' , } . . . 4 . . >C+ .wh Yn~ - . ~ ~ee~ d~}L~"''~'GQY . ~'i~''~ ~ , s~.t ~ . ,y m i ' , x~ Q, ~z.:tA . , ;3• . XV~Vy ~"f- . ' BN f ~ .nd ~ Cc s ~ .r ,.,z~° „s ? ~F%J~ RRNCE ~ ; BUSf SHtJRE ENT ~wa , t ~v 4~~-'~ SA Yui~ ~ t . ~ ~c . , , . l ¦ . ~ a~:e~c ~.Cr."fixa ~ Y ~ Z' ~ ~ r sa ¦ ~ "'t i i. ~ r. ¦ z,.. • wx'~ ~-nt. f t ,;tr ~ EDGE OF GARAGE BELO"`l - ~ x. r . . ~ ~ . - - , ~ ~ L3 S ~f Y'. ' ~ . ~ ~ . . , . ' , . ~3 t t IANOMARK70 NHOME"i . - . . . . . . . . Option 3 a . . : . . . . _ . , - - _ _ : i 4 . . 3 . . 'v . ~ . , ' ' t ; ~ ~ • , ,BIR : - ~ .:s . ~f. . . , k~„ S . ; ...~r . . . ~ EASEMENT ~ael ~ ~ . 'k . . . " .~4 ~ ~ ~ R~~~ , , ~ ,!a _ , r ' - ~r , . ~ y . ~ ,~K~~ F ~~t~~ n,+"'RZ.~ . ~w'l.rE.uti~"Jf ~ ~ pJ ' ~R5. 1 ;Q l' -ct , ~ ~ I .~s1~ i EHU BE~S:OK ~ M. - FOUR LEVELS ABQVE{ ~ x~~r - > t Y"~~ ~ ''v2"',K "i4 j ~ ~u~~.~sz.vr a~ (i~~,~.i~-•.t '~~y~ ~ c ~ rF ssT'~.~`'" aa ? ~ ~.N,,,,.n• ~ ~ ~ g ,s^^ ~:c 4~-~~. ~ ~t3' j T f s ~ g:'''vi,~a2 i s ~ • ~rW~-~'.R p y ~ C, ~ _~,~w x ~ .e-'~a f r' d ~ 3 ~~~~~z~~~=~`~- Yr~ ~47 EHUPARKINGSPACES t 4~~ { $ ~,y .;..._..._.Bis+_._ ~ ~F~, s~~ $ a" € ,~^.~*rx ,~:~cs ~n. ~ s •z-~ ,.c.c~~ r~ 1 NY~.,~ ~ ~ ~ ~ ~ 'ra'r., s's a4y y~. ~ ~'~1 rr '~.~<s ~~°e,~ ~s, °"Y~ ~ ' d ;S ~ •s . 3" s ~ `~£s r . 32~SQ.FIR i .'~r~ ~t~" ) ~,f ~i ~ ~ ,_,~.~,y..~~c-`'~.:.~:.`s-*~°'="" ~~p~t u` ~ c. ~ _ OOWf~E ~ `,~a-~~'. \.~~.~..J----~,..~,._:. StDEWALK s LAY , BUILDING , . ' 4~Q 1'OWNHOMES . . . ; Option >'1 v' ~ }C+r , . , ' . ~ ~ '~,n• .~.,.s-" ~ . Y ~x ~ _ t , ¢ . _ . . MA i ~ ~,,,,,Y ~t~1~.,~'"'y~ a>~ EMENT l ~ ~ ~ ~ r w ~~-Y ~ Sl _ ; r ~ . . •~y~~.~, • ~ - . : ~ j{ ~ . ~ ; ~ Y~ '^E" ~;;x~ "L f~ ~ ~ ~ ~-L~ 1 " yY r~. ' . ,.p~ ~ ~ : W i;:::~ _ , . 1 . . _ / . . . ~ . ~l . . _ - z , ~'~1 , . . . . . ..r , ~ r:• '+B`~ i ~ t . . . . ~ v . . F . . . . . ^ : . ~ . , M ~ . . ' ~ . . ~ n , t. 4 ( . : : ' `4 . i ya~v ~ ?~'~r:~`~ P._,s-..~-~" 1`~-~~1 3. BUILDING SIDEWALK... . ` SE78ACK 1 f t. , i ~ , . , TOWNHOMES MARK ~ E. ~._k':.. . t LAND ~ Skier drop off Plaza &2 ~ Options 1 , rC-4`~~~ ~ ; ~0~1.Yb1/Y~~ ~'is ~ Z---=Y~'Y~~'~{~r?}"G( ~'~`J~1'1 % ii / , 1`" ~~l 4~i' C~~•~'/L~ ~ / ~ ` i i'iJ ~~^,Y~'+L D t?' J i 1.....,--.` Ir' ~ . ; 1 T- ~ ~ • ~ I 11tY~f4~pL,~~ ~ i ~ ~ ~ . - ~ . ~ ~ ~ ~ . ~ . . . . ~.`.V_,'. . . \ ~ \ ~ ~ ; ~ -_t------ ~ ~ - - . ~ ~ - 3 - ~ a ~ ~ \ . ~ \ E / ~ i Y g r ' y.l- ~ ` -.-.K.. •f I 1 ,y y {F ~ S i ! ..1j ~i TrI 14, ..y +1~6ear + ~ ~ '~Y ~ ~ ..y w / ~ 'k~~ j}?Y? ' _ ' T.. _ ~ _„t,/=.i.s- _+"r ~ : A« ~ ' ~ ~ ' - f~-" - • ' t . - . ...r, . f' . . _ . . : , = ~ ' ° . ~ . . • ~ ~ . . l~=r r~"' - ~ . .1: ,r~i's~~/v.'.~i~~j~_'_"~ " ~ , ~ . - , ~ tions Mitigation Op South Property Edge ~ _r._._._._...~} . ~ 5~ ~ i r~k. . ~ ..a~• . . _Y - _ . w., d,~ . . . ' ~ - •'9 . ~I J v . 1: P : ' ~ C7•:.,y. ar ' ' . , 1l47~P~1'Yti . ~'j4q41_ t ' ?bnu•- I ~rir% ,J ~ _ .~~~.I _ ' (~I.T)ke'!Mli"r"~ ' , , . . . ..x . , . .,rr ~ . ~ -~'=~~'L~!-.------- N„N~{ Bus Plaza Options I & 2 }-}?,rzt,v~;,~; lxril i \\~'~.~i~\ . ii~ ~ ~ S ~ ~ ~j/U..~r~~~~?~C • i ~t 'j `i ~ it r ~ ,r 1,- ;i r ~ f' ~.~;1_ f< . - - - , , - _ - • ~ ~ } ~ i i ; . ' - ~ N I } 4~ 4 / 7 ~ ~ ~it . ~ I I; l ~ ~A , ~ - = ~ ' ; _ ' .1-~ : ~ • _ t _ ~ . y~.....__ „ . ; ~ ~ , . . : \ Questions to Answer 1) What transportation modes should be placed on the North Day Lot? . 2)1lVhat are the alternatives if vve don't place all the modes on the site? 3) How do vve pay for-- it? 4) Next steps? Vail Reinve-stment Authority Bonding Capacity-and Timing Bonding Capacity Project 2009 2012 2014 Arrabelle & Gore Creek Place $12,156,000 Ritz Carlton Residences $13,417,000 Lions Square North $785,000 Landmark $920,000 Fogata $4,438,000 Total $12,156,000 $15,122,000 $4,438,000 $31,716,000 Assumptions: Bonds are issued for the remaining life of the TIF district - 21 years for bonds issued in-2009; 18 years for bonds , issued in 2012; and 16 years for bonds issued in 2014 Interest rate is 66/o Required debt service coverage ratio is 20% Financing , How ~ do we fund it Er~ Tax-lncrement Financing $12.0 million . Federal funding already commitfed $ 1.4 million ur Subtotal $13.4 million rn' Federal funding pending, not committed $ 3.4 million R Eagle County funds requested not committed $ 3.0 million ~ CDOT Senate Bill 1 funding future request $ 1.0 million 'u Short Fall from Capital, RETT and General Fund Reserve ~r Vail Resorts required to fund permanent skier drop off North Day Lot Development Options Option 1 Option 2 Option 3 Option 4 Transit Developmnet Full Site Tansit Skier and Shuttle Drop Skier Drop Off Onty with Employee Housing Developmentwith Offwith Employee with Employee and Below Grade Employee Housing and Housing (West) and on Housing (East) and on Parking Below Grade Parking Grade Parking Grede Parking Closet point of buses to south proQerty line 14 3 18 4 Na n/a ~Closet:polnt of hardscape to south ~ ; ;F - `7 ~ e 'r?Y_li.ne P_roP.. 7 Use of Town property yes yes yes no Capaci2y of Uses( aU components Niaster"Plan) ~ three bfthree ~ ~three of three two ofyth~ee~' ~ ti~ one of three"~` r ~ 4 Transd 4 buses 4 buses Y 0 buses c,~ 0 buses j Hotel ShutUe 2 3 shuttles ~ r 4 shuttles 5 ~5 shuttles Q shulNes F ;~SkrerDro oN' , 9ys aces ~ 9spaces ~s`~~' yr f914spaces 9spaces,;,. ~ Variances Required to Enclose Transit Center yes no no no `Waltrlnv Distances fromenter of 7 ~ 2Actrvrly to SE Corner A8 w~,~_ , Skter 0iop off' 312 Y 312 1 t97 127 ¢ ti f . ,,,A.. , a. . b~.~...,~.._a...w. F....,~..z ~..,..fi.a, s~..._...n.~a a_. _,s.. ~3__...., CDOTAccess Requirement(150' ~ minimum spacing) 125' 75' 150' nla CDOT Access Concerns no yes yes n/a 'Adjustrrient to Pedes'tnan Access yes > yes but minor yes but minor ~ no ~ 71- ~Amount of pedes[nan Vaffcto "'A Street x~ x~, ~ ~ ~ Best +d Best < Better ~ . ; > s ;Good ~ • ~ ; . ' ~ ~ . r ~ 3,~3 . : ~~,$`k :sr L .a. . `EBSt O~l Lionshead~ Jtff .gs~.a- WY .y\~~ ~ ~ ; r~ ~ ~ k tWesf ortUo~head r West on L~o~head ~ Frontage ~toad to ~ West L~onshead W here does sk~e drop off when ~;~Grcie ro new Evervaits~ C cle to new Evervail new Eve~vatl Circle to new ° Frees up Concert Hall PedesVian Portal yes yes no no ~ a--- - Pedetnan Portaf ~ s7 S F y ~k .@Sµ'~ ' ~s. . ~ eSj t y n0 y~,~ ?i _ ....u..~ ..a;Ye. Skier Drop Off Access from South Frontage Road yes yes yes no ` 'Schedute ~ ` ~ ~ 20 months ' 2d monttis ir5,months _,,....i~_.s___....~ ........M...~_._~..._..~ ~x,..~_._.~ww,...~..~ : Improvements Provided: Underground Parking yes yes no no Fortifed Trensd Deck yes yes no no Housing on a podium yes yes yes no Fronatge Road Improvements yes yes yes no ~ Pedestrian Overpass Modificatlons yes yes yes no Transit Finishes yes yes no no SnoMnelt System yes yes yes no , . . - s- r p~ ..y-x :~~7' . r t r ..e? -:"Y.T ~.,.erdcal CircutaGon ta Lronshead Mail € ,,~qY Staff recommendation 1) Place all modes on the site which include skier drop off, shuttles, and transit 2) When the Lionshead Parking Structure redevelops move the transit vehicles 3 Funding • Federal dollars $ 5 million, • Tax Increment Financing $ 12 million • Other available transit funding sources ' . Short fall use capital, RETT or general funds 4) Set a 60 day period to work with Vail Resorts Inc (VRI) . • Refine the design • Refine costs • Prepare an agreement • Council approve agreement authorizing our intent of the project 5) Modify the VRI housing agreement to adjust the schedule 6) Work with the surrounding properties to mitigate impacts