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Home My WebLink About2008-09-02 Support Documentation Town Council Evening Session VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, SEPTEMBER 2, 2008 NOTE: Times of items are approximate, subjeat to change, and cannot be relied upon to determine at what time Council wiil consider an item. 1. ITEM/TOPIC: Citizen Input. (10 min.) 2. Stan Zemler ITEMROPIC: Town Manager's Report. (20 min.) ? Revenue Update. ? November 4 Council Meeting Reschedule. Pursuant to Title 1, Chapter 5, Section 11, Vail Town Code, Deferment: In the event a regular meeting cannot for good reason be held by the town council on a regular meeting date, the regular meeting shall automatically be held on the next secular day at the same time and place; provided, however, that for good cause the council at a regular meeting preceding the regular meeting which will be deferred may defer the regular meeting to a subsequent date not later than one week after the deferred regufar meeting date. ? Annual Community Meefing Date. ? Chamonix Parking Appeal. 3. ITEMROPIC: Consent Agenda. (5 min.) a. Approval of 08.05.08 & 08.19.08 Town Council Minutes. 4. Kelli McDonald ITEM/TOPIC: RESOLUTION NO. 17, SERIES 2008: Approval of Vail Local Marketing District's 2009 budget and operating plan. (10 min.) . ACTION REQUESTED OF COUNCIL: Approve RESOLUTION No. 17, SERIES 2008, the 2009 Vail Local Marketing District budget and operating plan. BACKGROUND RATIONALE: The budget and operating plan was presented earlier to the Vail Local Marketing District (VLMD) . construction permit fee revenue from those projects is down by 14% from prior year. Revenue from non-major projects is down 26% from this time last year. Real Estate Transfer Tax (RETT) collections through July 17, 2008, total $4.3 million. This amount is a 19% increase from this time last year primarily due to recent sales of major redevelopment projects. The overall real estate market in Eagle County is down 30% in sales dollars and down 47% in sales transactions as of May, 2008. Major redevelopment projects such as Arrabelle, Forest Place, One Willow Bridge and Vail Plaza account for 55% of year-to-date 2008 collections. This is significantly higher than the 24% from July 2007, and is the reason Vail's RETT revenue is performing much better than the rest of the county. RETT collecfions from property transfers not related to major redevelopment projects dropped by 29% year-to-date, as of July, 2008 compared with 2007. This is more in line with the sales decxease across the county. Daly asked what altemative investments were avaitable for the town's fund balance. Halloran responded that the town will invest future available funds in short-term products such as govemment securities or CDs with the hope that rates will tum around in the near future. ? Disadvantaged Business Enterprise Program. Public Works Director Greg Hall explained the town receives federal funding for transit, therefore the town "agrees" to a goal of providing up to one percent of the town's contracted business to "disadvantaged businesses." This ensures Council is aware of the eligibility guidelines and has established such a goal. This is a requirement to receive funding for proposed intermodel transit sites. Cleveland asked if a list of disadvantaged businesses exis#ed for the mountain region. Town Attomey Matt Mire then explained the purposed of the update was a federal requirement. The third item on the agenda was the Consent Agenda. a. Approval of 07.01.08 and 07.15.08 Minutes Hitt moved to approve the minutes with Daly seconding. Bofh Cleveland and Hitt provided minor modfications to the 07.15.08 minutes. The motion passed unanimously, 7-0. The fourth item on the agenda was the Wildlife Protection Awareness Campaign Award. The Town of Vail's Wildlife Protection regulations, which require bear-proof and/or bear- resistant containers in residential and commercial areas, continues to be applauded as a model program by state wildlife officials. Compliance is estimated to be as high as 90 percent in the neighborhoods and the number of human-bear conflicts in Vail has been reduced since the regulations became effective in 2007. The extremely effective campaign used to generate the community awareness has been recognized for its creativity. Linda Hill, president of Hill & Company, along with Tim Campbell, which created the "Get a Nicer Can" campaign logo in collaboration with the town, presented the Intemational Summit Creative Award to Vail Police Officer Ryan Millbem, who serves as the point of contact for the Wildl'rfe Protection program. The fifth item on the agenda was a Chamonix Site Planning update. Senior Planner Scot Hunn provided Council with an update on progress made in developing and reviewing three (3) site plan options for the proposed Chamonix property 2 ; fire station.and affordable housing project. Studio B Architects representative Gilbert ~ Sanchez then presented preliminary cost estimates for the Chamonix Site master plan and explained a formal recommendation from the Chamonix Site Master Plan Advisory Committee regarding: ? A preferred site plan option that best meets , the. planning goals and design parameters approved for the project; ? Seeking Leadership in Energy and Environmental Design (LEED) certification; and ? Pursuing "Off-site, Factory Built" (modular) construction. Hunn then asked Council • to provide staff and the design team with direction and ' feedback regarding a preferred site plan option for the Chamonix Site in relation to the approved master planning goals and design parameters for the project. He also asked Council to provide direction and feedback regarding the pursuit of LEED certification and "Off-site, Factory BuilY' construction for the project. Hunn clarified LEED construction costs could be.managed fo only-one or two percent more than traditional construction. Off, site construction was presented as costing considerably less than using traditional methods. Sanchez and Fenton Construction owner Pat Fenton described a modular affordable housing project currently under construction in Telluride. . Rogers asked for, clarification of the cost per square foot for "off-site, factory built" units, comparing the. projected Chamonix Site costs to those of Stratton Flats, an affordable housing. development in Gypsum that is reported to have per square foot costs of $100. Fenton . explained that due to extensive site development required on the parcel, construction costs for the Chamonix Site will exceed $100 per square foot. Newbury asked if the costs of the proposed housing-units would be affordable to those seeking an opportunity, to live there. Neighborhood representative and former Vail Mayor..Bob Armour commented; "If you are going to build it green, why not get some sort of certification." He strongly supported the proposal of modular construction. He also encouraged obtaining more accurate `pricing estimates. Newbury expressed' concem that construction costs would be prohibitive to potential and, targeted buyers. Gordon expressed concem the proposal included too many two-bedroom units and did not meet the initial,goal of providing family housing. "This is not family housing...This is workforce housing.° Advisory committee member Jack Bergey said he believed the, highest density option, "Village Neighborhood,° would be too expensive for targeted purchasers. "Affordable housing has to be affordable." _ AXS Vail Valley, representative Sara UVill spoke in support of making the project as ADA accessible as possible. Eagle River Water & Sanitation District Community Relations Manager Diane Johnson said three- . bedroom homes were most desirable for the district's potential buyers. It was then clarified ADA accessibility had been included in the initial estimates and four-bedroom units had been contemplated. Gilbert said the schemes were conceptual and there was considerable flexibility built into them. Daly said he believed the proposal was to provide a family environment. Hitt .said he supposed it was a mistake to not include drive- through fire station bays (as back-up waming signals are very disruptive to a community). "I'm just not feeling warm and fuay about this particular design,° Hitt said. Rogers said she was happy with the mix of units. Rogers moved to approve a medium density, modular built, neighborhood block design "with LEED certified construction with Daly seconding. Cleveland said the recent mortgage crisis lays claim to the faet that not every person will be able to own a home.. "Factory built is the only thing that makes economic sense right now...l hope the quality is there." Foley encouraged a drive- through fire station. The mofion passed 6-1, with Gordon opposed. The medium density option, known as the "Neighbofiood Block° option, would provide a total of 58 units on 3 ~ the site; for an average of 16 units per acre. In rejecting a higher density option, which would have accommodated 67 units on the site, the Council expressed concerns about a parking structure component included in the option and associated costs. A third option which was also rejected was a low density site plan that called for a total of 50 units on the sife. Following the ' vote, Community Development Director George Ruther announced. Hunn would be leaving the town for a position with Eagle County and . thanked him for all his hard work. The current planning process for the Chamonix parcel has been taking place for eight months. The sixth item on the agenda was the Second reading of Ordinance 15, Series of 2008, an ordinance amending Section 10-1-2, Adopted Codes, Vail',Town Code, in order to adopt the 2008 . Nafional Electrical Code,' and Section, 10-14Electrical Code . Amendmenfs, Vail Town Code, in order to adopt amendments to the 2008 National Electrical Code. Every three years, the administrator of the National Electrical Code (NEC), the National Fire Protection Association (NFPA) conducts a pubic review process to update the NEC. This yeat, the NFPA adopted the 2008 NEC, which will be officially, adopted by the State of Colorado on August 1, 2008. On July 15, 2008, the Vail Town Council unanimously approved Ordinance No. 15, Series of 2008, on first reading. Newbury moved to approve the ordinance on second reading with Rogers seconding. The motion passed unanimously, 7-0. The seventh item on fhe agenda was Resolution No. 15, Series of 2008, a Resolution Approving an Intergovemmental Agreement befinreen -fhe Town of Vail and Summit County Govemment for the Provision of Emergency Dispatch Senrices Staffing. ; Police Chief Dwight Henninger explained ; the Town of Vail ' and Summit County GoVemment each maintain and operate radio and communication systems for the transmission and dispatching of inessages relafing to fire and/or police protection and other public safety serVices. Summit County is currently in need of additional emergency dispatching staff at the Summit County Communication Center. By entering 'into this Intergovemmental Agreemerit, the town may agree to assign one or more of the town's dispatch employees to provide dispatch services for Summit County and the County will compensate the town $37.00 per hour per dispatch employee. Henninger confirmed with Council that staffing demands ih Eagle County remained the top priority. Daty moved to approve the- resolufion with Hitt seconding. The motion passed unanimously, 7-0. The eighth item on the agenda was Adjoumment. Newbury moved to adjoum with Foley seconding at approximately 8:00 p.m. The motion. passed unanimously,7-0. 4 , Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk 5 i Vail Town Council Meeting Minutes Tuesday, August 19, 2008. 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at apptoximately 6:00 P.M. by IWayor Dick Cleveland. IVlembers present; Dick Cleveland, Mayor Mark Gordon Kevin Foley . Kim Newbury Margaret Rogers Andy Daly Not present: Farrow Hitt . Staff Niembers: Stan Zemler, Town Manager Matt Mire; Town Attomey Pam Brandmeyer The first item on the agenda was Citizen Input. Untraditional Marketing representative Joe. Blair presented Council with a framed Teva Mountain Games print in appreciation of the town's financial and marketing support, The second item on the agenda was the Town Manager's Report. ? Chamonix Temporary Parking Proposal. Public Works Director Greg Hall said very few people during a recent neighborhood meeting suppoited the use of the property for parking. The proposal to construct a temporary parking lot at the towri-owned Chamonix site was recommended by the Vai) Parking Task Force with preliminary approval by Council to help increase the supply of outlying parking for the upcoming winter season. Approximately 180 spaces could be accommodated on the property, which is currently . being master planned to accommodate workforce housing and fire station development. The proposal will go before the PEC on .August 25. Gordon clarified Council's only recourse (or ability to alter the proposal) would be fo call the item up, Hall clarified there would be no vehicular access to the ;proposed lot from Chamonix Road. Increased bus service to the lot would . be dependent upan the availability of bus drivers. Neighborhood resident and former Vail 1 Mayor Bob Armour said Hall's report was consistent with the information provided at the meeting. Daly entered the Council Chambers at approximately 6:12 p.m. The third item on the agenda was a request to proceed through the development review process to allow private improvements on Town of Vail owned property. Planner Bitl Gibson explained the applicants requested permission to proceed through the development review process with an application to construct a second-floor dedc on . the north side of the Bell Tower -Building, located at, 207 Gore Creek Drive; which . encroaches onto the Town of Vail owned Gore Creek Promenade. The applicant must first obtain Towri Council (i.e. property owner) approval before proceeding through the town's development review process. The Community Development Department : - recommended Council deny the applicanYs request to proceed through the development review process. Applicant representative David Baum of VAg Architects said the encumbrance would allow the continued heavy detailing of the.building. Cleveland asked what benefit the community would gain from the proposed encroachment. Baum said, "It does continue the beautification of the building which is a focal. point of. the ViIlage.° : Foley moved to deny the request with Rogers seconding. The motion passed unanimously, 5-0. Daly abstained from the vote. . The fourth item on the agenda was the West Meadow Drive Reconstruction Project. Town Engineer Tom Kassmel informed Council that the West Meadow Drive street reconstruction project has been planned since 2001. The. project includes street reconstruction, drainage improvements, a raised paver sidewalk on the north side.and an at-grade paver walk on the south side, landscape planters, replacement of the cul-de- ' sac planter, and new_ street lighting. The project is budgeted at approximately $3 million between the Capital- Project and RETT Funds. The project will be completed. in finio phases; Phase I(Fall 2008) Vail Road to the west property line of Four Seasons, Phase II (Spring 2009) - Four Seasons west property line to cul-de-sac. Cleveland, clarified 'funds had been budgeted and were available: Kassmel then briefly discuss'ed the artistic elements of the project Foley said the proposed contractor had perFormed ' admirably on other projects::throughout :town. Rogers •thanked staff for providing a bid that came in under budget. Gordon moved to authorize the Town Manager to enter into a consiruction contract with B&B Excavating for the reconstruction of West Meadow Drive, in a form approved by the. Town Attomey with. Rogers seconding. The motion passed unanimously, 6-0. Cleveland then asked what.the Vail Resorts, financial contribution would be for the proposed Chamonix parking site. Vail Mountain Chief Operating.Officer Chris Jamot said Vail Resorts would evaluate the costs as the proposal moves forward in the town's review process. . The fiith item on the agenda was the First reading of Ordinance No. 18, Series of 2008, an ordinance amending Chapter 12-3; Administration, and Chapter 13-1, General Provisions, to establish notification of surface development regulations. Planner Bill Gibson explained the proposed regulation amendment will bring the Town of Vail's zoning and subdivision regulations into conformance with Title 24, Article 65:5, 2 Nofification of Surface Development, Colorado Revised Statutes (CRS). On August 11, 2008, the PEC voted 5-0-0 to forward a recommendation of approval for prescribed regulation amendments to Chapter 12-3, Administration, and Chapter 13-1, General Provisions, to establish notification of surface development regulations, and setting forth details in regard thereto. Gibson said the proposed ordinance was for clean-up or housekeeping, matters. "This is a state requirement and staff does recommend approval.° Rogers moved to approve the ordinance with Newbury seconding. The ' motion passed unanimously, 6-0. The sixth item on the agenda was Resolution Number 13, Series of 2008, A Resolution Approving the First`Amendment to Development Improvement Agreement befinreen the Town and Open Hillwood Partners (OHP) ! Vail One LLC Conceming the LionsHead Parking Structure; Approving the "Project Plan° Pursuant to the First Amendment to the Development Impravement Agreement (DIA). Town Attorney Matt Mire explained the town and OHP Vail One LLC entered into a DIA on October 16, 2007. The Agreement sets forth the rights and obligations of the parties with respect to the proposed mixed use development, including timeframes, deadlines and target dates for the completion of certain tasks. Pursuant to the terms of the Agreement, the °Project, Plan" was required 'to be submitted by the developer for consideration by Council by March 15, 2008. Thereafter, the developer requested and was granted an extension of time, pursuant to Section 3.08 of the DIA, to the permitted contract date of September 15, 2008 for review of the Project Plan. By letter dated June 5, 2008, the town notified the developer there were also issues conceming the developer's compliance with deadlines set forth in the agreement conceming the conference center proposal, as well as issues relating' to the developer's employee housing plan. On July 15, 2008, Council directed staff to retum with an amended approval process for the Project Plan submittal. In addition to establishing an amended approval process for the Project Plan, the town and developer also wish to resolve by amendment to the Agreement the above=referenced issues conceming.the conference center and employee housing. Mire then clarified the agreement stated the town would not be responsible for any funding of the conference center housed in the project. The amended agreement also gives the developer until March 17, 2009 to work with Vail Resorts to address a cuRent deed-restriction which requires the land to be used for parking. Ttie town would also have the option,to grant additional extensions up to nine months beyond the March deadline to resolve the deed-restriction issue. The original agreement had required the deed-restriction hurdle to be addressed satisfactorily prior to town approval of the project plan. Newbury moved to approve ttie resolution with Rogers seconding. Gordon clarified the resolution allowed the developer to proceed with the project but would not perpetually tie up the land. He then said his constituents havE urged him to allow the project to move forward. He then outlined what tie believed to be significant public tienefits. "This is a very desirable project and we want to see it move forward.;.We want Vail Resorts to lift the deed restriction on the parking structure." Daly clarified, "The agreement terminates by its own terms if no resolution is-found by the March date.° The motion passed unanimously, 6-0. The seventh item on the agenda was Resolution No. 16, Series 2008, a Resolution _ Approving the Intergovemmental Agreement between the Town of Vail, Colorado and the Colorado Department of Transportation (CDOT) Regarding a Fiber and Intelligent , Transportation System Equipment Installation on Interstate=70 (I-70) and Responsibilities of Both Parties. 3 , r Information Technology Director Ron Braden explained that as part of the. I-70 West Corridor Management Project, which was completed in 2006, CDOT deployed aflber optic backbone communications network from Denver west through.the Eisenhower Johnson Memorial Tunnels to the Frisco exit. This completed a permanent Center-to- Center (C2C) connection befinreen.the Colorado Transportation Management Center (CTMC), located in Golden, and the Eisenhower Johnson Tunnel Management Center. CDOT also installed necessary computer and networking equipment to operate its fiber optic network, and to communicate with and control Intelligent Transportation Service devices such as cameras, dynamic message signs, weather stations, travel time/speed ' indicators, etc., from the CTMC: CDOT is currently conti?iuing with the deployment of the fiber optic communications backbone from the Frisco exit (approximate Mile Point 199) to the wesfi side of Vail Pass (approximate Mile Point 182). The town's desire to upgrade local oommunications along a segment of I-70 from the referenced end point on the west side of Vail Pass (approximate Mile Point 182) to the West Vail Interchange (approximate Mile Point 173) which would extend the project an additional nine miles to the west. The. actual length of the project extension will be determined by the amount of funding the town is able to secure; however, the project extension will be at least to Mile ' Point 177. The project will allow the town to view and control existing and future (CDOT) I-70 cameras from Denver. to Grand Junction. The town will also be able to see real time the content being displayed on the I-70 variable message signs. Daly emphasized a belief that the cost of the project allowed the town expensive access to the CDOT information system. Braden noted that in addition to access into the CDOT information system, the Town will own 12 fiber strands for its exclusive use from the top of Vail Pass to the West Vail Interchange. Gordon stressed the project could eliminate currently existing emergency radio communication dead spots. Braden explained that a funding request for radio repeaters would occur in 2009-2010 as part of the county-wide radio upgrade project. Daly asked Zemler if the plan was a high priority. Zemler responded, "It's a good opportunity...We are in a good position to make an - investment like - this.:.This project is the number-one priority for the (CDOT) Region Three allocation of Senate Bill 1 money...l don't want to guarantee we'll be reimbursed, but I am . encouraged.° Gordon moved to approve the resolution with Foley seconding. Daly said he thought the IGA was premature and the town would be better served to wait a year. - Cleveland said he had mixed feelings on the IGA, but the project had the potential to . save lives. "I'm willing to take a chance at this point." Rogers said she wanted to , negotiate a little harder with the county. (Eagle County offered $210,000 in funding for . the use of four out of 12 fiber-optic strands) "It's clearly to the benefit to the county as well as to the town.° Zemler said the county could potentially be offered only two strands. The motion failed, 3-3 with Newbury, Daly and Rogers opposed. Rogers moved to approve the IGA if the county, agreed to pay for a proportional share of their fibers ($65,000 per strand) with Fotey seconding. The motion passed 42, with Newbury and Daly opposed. Braden said a decision on the matter was Very time sensitive The eighth item on the agenda was Resolution No. 18, Series 2008, a Resolution Approving Addendum Number 41 to the Establishment Contract for the Rocky Mountain Rail Authority (RMRA) in Order to Effectuate the Town of Vail's Membership. Mire explained The RMRA was established on November 20, 2006, for political subdivisions of the State of Colorado to define, promote. and implement mass transportation services and solutions to Colorado's growing transportation infrastructure needs, and to bring focus to the development of high-speed rail in the transportation 4 i . . $ corridors of Colorado. In order to effectuate the town's membership in the RMRA the town must execute the attached Addendum Number,41 to the Establishment Contract for the RMRA, as amended by the First Amendment to Establishment Contract (the "Addendum°). Mire explained, the resolutiori was a housekeeping matter and woutd give the town a voting seat in, the association. Newbu.ry moved to approve the resolution witti Rogers seconding. The motion passed unanimously,6-0. - The ninth item on the agenda was Adjoumment. Newbury moved to adjoum. with Foley seconding af approximately 7:10 p.m. The motion passed unanimously, 64 - Dick Cleveland, Mayor . ATTEST: - Lorelei Donaldson, Town Clerk 5 RESOLUTION N0.17, SERIES 2008 A RESOLUTION APPROVING A BUDGET AND MAHING APPROPRIATIONS TO PAY THE COSTS; EXPENSES, AND LIABILI'Y`IES OF THE VAIL LOCAL - MARKETING DISTRICT; FOR ITS FISCAL YEAR JANUAItY 1, 2009 THROUGH DECEMBER 31, 2009. . . WHEREAS, the Town Council rec.eived and approved,the operating plan and budget for f scal year 2009 on September 2, 2008; and WHEREAS, in accordance with CRS section 29-1-106 a notice of budget hearing has been published; and , WHEREAS, noNce of this public hearing to consider the adoption of the proposed Vail Local Marketing Disfrict bndget was published 'en the VAIL DAILY on the 20th day of August, 2008; and NOW THEREFORE, LET IT BE, RESOLVED by the Vail Local Marketing _ District of Vail, Colorado; as follows:. The.Vail Town Council approves the submitted budget and appropriates $2,002,000 . for marketing related expenditures beginning on the ,first day:of January, 2009, and ending on ttie 3ls` day of December, 2009. ' . Attested:. Signed: , Dick Cleveland, Mayor ? MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: September 2, 2008 SUBJECT: A request for final review of Resolution No. 20, Series of 2008, for the adoption of the Town of Vail Employee Housing Strategic Plan, and setting forth details in regard thereto. Applicant: Vail Local Housing Authority and Town of Vail, represented by Nina Timm, Housing Coordinator Planner: Nicole Peterson 1. DESCRIPTION OF THE REQUEST The Vail Local Housing Authority and Town of Vail, represented by Nina Timm, Housing Coordinator are requesting final review of Resolution No. 20, Series of 2008, for the adopfion of the Town of Vail Employee Housing Strategic Plan (EHSP), and setting forth details in regard thereto. Please see attached Resolution No. 20, Series of 2008 (Attachment A). 11. BACKGROUND At the January 22, 2008, Town Council retreat the Town Council identified the ' completion and adopfion of a Housing Strategic Plan by September, 2008, as an immediate goal. In response to the Council's objective, the Vail Local Housing , Authority (VLHA) has created a draft Employee Housing Strategic Plan (Attachment B). ~ At the August 25, 2008 Planning and Environmental Commission meeting, the ~ Commission was requested to make recommendation to the Council regarding the adoption of the EHSP. The Commission requested that their comments be forwarded to the Council without formal recommendation. Please see attached Staff memorandum (Attachment C) and minutes (Attachment D) of the August 25, 2008 Planning and Environmental Commission meeting. III. ACTION REQUESTED OF COUNCIL The Community Development Department recommends the Vail Town Council approves Resolution No. 20, Series of 2008, for the adoption of the Town of Vail Employee Housing Strategic Plan. Should the Town Council choose to approve Resolution No. 20, Series of 2008, for the adoption of the Town of Vail Employee Housing Strategic Plan, the Community Development Department recommends the Council pass the following motion: 1 Y ~ "The Vail Town Council approves Resolution No. 20, Series of 2008, for the adoption of the Town of Vail Employee Housing Strategic Plan" Should the Town Council choose to approve Resolution No. 20, Series of 2008, for the adoption of the Town of Vail Employee Housing Strategic Plan, the Department of Community Development recommends the Council makes the following findings as part of the motion: "9. That the Employee Housing Strategic Plan is consistent wifh fhe applicable elements of the adopted goa/s, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and, 2. That the Employee Housing Strategic Plan furthers the general and specifrc purposes of Zoning Regulations; and, 3. That the Employee Housing Strategic Plan promotes the health, safety, morals, and general welfare of the Town and promote fhe 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." VII. ATTACHMENTS A. Resolution No. 20, Series of 2008 B. Draft Town of Vail Employee Housing Strategic Plan C. Staff memorandum to the PEC dated August 25, 2008 D. Minutes of the August 25, 2008 PEC meeting 2 I Y ATTACHMENT A ~ RESOLUTION NO. 20 Series 2008 A RESOLUTION ADOPTING THE TOWN OF.VAIL EMPLOYEE HOUSING STRATEGIC PLAN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County._of Eagie 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 Town has determined that no less than thirty percent (30%) of . VaiPs workforce should be provided deed restricted employee.:housing within the Town limits; and , WHEREAS, the Council has determined that in order to'achieve the established . goal it is critical to create an employee housing strategic plan establishing and clarifying the objectiVes and action steps essential to achieve the stated goal; and WHEREAS; the. Vail Local Housing Authority- and. Council developed the Employee Housing Strategic Plan over a period of six months that outlines the goal, _ objectives and action steps; and , WHEREAS, the Vail Economic Advisory Committee provided input and direction. on the Employee Housing Strategic Plan at their May;,13; 2008, and June 10, 2008, meetings; and : WHEREAS, the Planning and Environmental Commission provided input, and direction on the Employee Housing Strategic Plan at their August 25, 2008, Public Hearing; and - ~ - WHEREAS, the Council supports the implementation of the Vail Employee Housing Strategic Plan; and - WHEREAS, the Employee Housing Strategic Plan will. direct policy and budget decisions in order to achieve ttie•community's stated goal; and . WHEREAS, it is the intention of the Council and the Housing Authority. to implement the Employee Housing Strategic Plan over the next three years. NOW., THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF ,THE TOWN OF VAIL, COLORADO: 1. The Council hereby approves the Town of Vail Employee Housing ` Strategic Plan, dated September 2, 2008, attached hereto as Exhibit A. 2. The Council, hereby finds; - A: That' fhe Employee Housing Sfrategic Plan is consistent witli fhe applicable e/ements of fhe adopted goa/s, objectives and policies 3 outlined in the.Vail Comprehensive Plan and is compatible with the developme»t objectives of the Town; and, B. That the Employee Housingr Strategic Plan furthers the general and specific purposes of Zoning Regulations; and, C. That the Employee Housing Strategic Plan promotes the health, safety, morals, and general welfare of the Town and promote the coordinafed and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established cfiaracter as a resort and residenfial communiiy of the highest quality 3. This Resolution shall be effective immediately upon adoption. INTRODUCED, READ, APPROVED AND ADOPTED this 2nd day of September, 2008. Richard D. Cleveland, Town Mayor ATTEST: , Lorelei Donaldson; Town Clerk : - J i 4 ATTACHMENT B ~ ~ TOWNOFViq ~ Employee Housing Strategic Plan "To ensure there is deed restricted housing for at least 30% of Vail's workforce within the Town of Vail" September 2, 2008 Adopted by Resolution No. 19, Series of 2008 . . . . . In acknowledgement of the commitment to ensure deed-restricted housing options for at least 300/o of Vail's workforce within the Town of Vail. , I Vail Town Council Vail Local Housing Authority Dick Gleyeland, Mayor Mark Ristow, Chairman Andy Daly, Mayor Pro-Tem Sally ]ackle ~ Kevin Foley Steve Lindstrom Mark Gordon Ethan Moore Farrow Hitt Kim Newbury Kim Newbury Margaret Rogers Planning and Environmental Commission BiII Pierce, Chair Rollie Kjesbo, Co- Chair Michael Kurz Sarah Paladino Scott Proper Susie Tjossem David Viele Economic Advisory Council Local Employers Mark Gordon Vail Resorts, Inc. Dick Cleveland Town of Vail Alan Koslof . Vail Valley Medical Center. Bob Boselli Tivoli Lodge -Greg Moffet Marriott Resort Rick Scapello Vail Cascade Hotel and Spa Robin Litt Vail Plaza Hotel Sally Hanlon Troy's Ski Shop Bill Jensen ~ Vail Plaza Hotel Rob Levine . Sonnenalp Hotel M. Joseph McHugh Sweet Basil Pam Stenmark Mark Cervantes Matt Morgan Brian Nolan . RRC Associates, Inc Steve Kauffman Ghris Cares , . Tori Franks - . ; Rayla Kundolf Bob McNicols s 2 Employee Housing Strategic Plan i Table of Contents - - Purpose 5 . Time Frame 6 Threats, Weaknesses, Strengths, & Opportunities 6 Objectives. 9 : Policy Statements -Action Steps 12 Implementation Matrix 19 Roles and Responsibilities 21 . ApPendix 23 - a. Glossary . b. Resolution Adopting the Employee Housing Strategic Plan (to be added upon adoption) c. Process Timeline _ d: Existing "Conditions" Survey Results (to be added upon completion). . . Employee Housing : . . , Strategic Plan , r , Employee Housing - Strategic Plan TOWN OF VAIL EMPLOYEE HOUSING STRATEGIC PLAN , BACKGROUND In 2006, through the Vaii 20J20 Focus on the Future process the community established a housing goal. It is as follows: '777e Town of I/ai/ recognizes the need for housing as infiastructure that promotes community, reduces transit needs and keeps more employees /iving in the town, and wi// provide enough deecl-restricted housing for at /east 30 percent of the workforce through po/icies, regu/ations and pub/ic/y initiated deve%pment. " Based upon the community's work, the Vail Town Council has confirmed the Town of Vail recognizes deed restricted employee housing as basic infrastructure. This type of housing allows employees to live within the town, promoting community, and improving the quality of our local workforce, thereby supporting the local economy, and reducing regional transit needs. The Employee Housing Strategic Plan (EHSP) seeks to meet the expectations established by the community and confirmed by the Town Council and provide enough deed-restricted housing for at least 30 percent of the community's workforce to live in the Town of Vail through a variety of policies, regulations and publicly initiated development projects. PURPOSE The EHSP is a decision-making guide for the implementation of employee occupied housing programs. The EHSP documents the Town's current approaches to ensuring employee housing. It identifies the goal, outlines methods and defines action steps the Town will pursue. In addition, the Appendices provide background information on Town housing definitions, policies, and initiatives. This information is provided as an additional resource. The EHSP also recognizes and affirms the importance of Vail constantly serving as a regional partner in the provision of employee housing. Pw TB~PNS Employee Housing Strategic Plan The EHSP is meant to lead the actions of Staff, the Vail Local Housing Autfiority and the Vail Town Council in future decisions regarding funding and development of employee housing in VaiL PLANfVING TIMEFRAME The EHSP is based on a five-to-ten year planning horizon; it looks well into the . future anticipating the needs for employee housing over time. The EHSP also contains. identified °action steps`` targeted for a one to three year period. These action steps will need to be evaluated annually and it is anticipated that they will be updated at least every three years as market conditions change. THIZEATS, IA/EAKNESSES. STRENGTHS & OPPOIZTtJNITIES It is important to recognize and plan for the threats, weaknesses,.strengths and ~ opportunities that exist. in the Town of Vail as well acknowledge the broader trends that impact Vail. Threats ¦ Increasing Competition For Employees o Within the next ten-years: . . ? Conservative estimates predict 2,000 new jobs will be created by development and redevelopment within the Town of Vail - -The majority of these jobs will be service sector ? It is estimated that at least 7,500 new jobs will be created . between Eagle Vail and Gypsum in the next ten years - The majority.of the these jobs will be service sector ? It is estimated ttthe Ginn Development will add 1,000 new jobs ? Lake County and GarField County are both :experiencing job growth . - The oil and gas industry 'and mining generally pay substantially more than the service jobs being created , in Eagle County ~ ? State of Colorado predicts overall job growth of,23% (DOLA) 6 Employee Housing Strategic Plan ¦ Real Estate Trends o Real estate in the Town of Vail is expensive as compared to the rest of the region as well as compared to the nationai market o The conversion of locally occupied housing to second homes o The free market focuses on the housing desires of second homeowners o Increasing cost of construction o Local real estate values continue to trend upward o The gap between what locally eamed wages can afford and free market housing prices continues to increase ¦ Unique Geographic Constraints o Vail Pass on the East o Dowd Junction on the West o Limited undeveloped land within the Town of Vail . o Surrounded on the north and south by National Forest and Bureau of Land Management lands o Farthest employment center from the Eagle County population base ¦ Cost of Commuting o The cost of gas continues to increase o Public transportation does not provide a viable altemative to all communities o The availability and cost of parking is prohibitive Weaknesses ¦ Politics o Historical lack of political will for developing new employee housing o Previously, no clear policy direction for the provision of employee housing o Lack of Town owned land zoned for employee housing o There is not dedicated funding for employee housing o At the beginning, failure to plan for the housing needs of Vail employees . , 7 Employee Housing Strategic Plan i m Real Estate Market o Lack of free market homes affordable to locaf employees . o Potential home- buyers get less "bang for the buck" in Vail as compared to the region - o Deed restricted "housing developed does not provide a full spectrum of housing types (i.e., single family homes and seasonal rental units) - - ¦ Lack of permanent employees hired by Iocal businesses o The jobs being generated by redevelopment are predominately -lower paying seasonal service jobs , o Added challenge to establishing a diverse community - Strengths - Communitjr support for creating new employee housing ¦ Clarity around the Town's adopted housing goal Regulatory " requirements o - Commercial Linkage o Inclusionary Zoning ~ Vacant land owned by the Town . ~ Strong local fnancial conditions o Bonding capacity o Strong Iocal tax base o Potential, to invest in em,ployee housing ¦ Regular pr'ivate reinvestment in development ¦ Expanding partnership opportunities with local businesses and , goverriments ¦ Current deed restricted housing stock ¦ The "Vail" brand Opportunities ¦ Town Initiated o Employee Housing Strategic Plan . o Town owns significant vacant land o Rezoning of Town owned vacant land " o Land Use Plan amendments - o Annexation of land adjacent to the Town . s ~ 8 Employee Housing Strategic Plan o Ability to reallocate existing revenue o Bonding capacity o Ability to go to the voters for a dedicated funding source o Partnerships with local employers o Public-Private partnerships for development o Potential United States Forest Service Land Swaps ¦ RegionalOpportunities o Other local governments are addressing the housing need as well o Significant vacant land o Partnerships with local employers o Public-Private partnerships for development o "The Valley Home Source" ¦ Current stagnation in real estate values 067ECTIVES A. Provide housing to address needs generated by new development or redevelopment It is documented and understood that new development will require additiorral employees and a goal of the EHSP is to provide for that housing. This goal is also referred to as ° Keep Up" in the EHSP; going forward the Town will attempt to address the increase in demand from new employees by requiring deed-restricted housing as a condition of new development or redevelopment. The Town will encourage developers to provide a range of housing choices for the entire spectrum of jobs that are being created by the new development. B. Respond to the existing affordable housing shortfall by pursuing a number of identified programs and development opportunities. This goal is also referred to as "Catch Up" in the EHSP; it describes efforts to address deficiencies in the available housing inventory that have arisen over a period of years. ow ~+f9 Employee Housing Strafiegic Plan : . , , . , C._ Call for any deed-restricted housing that is required as a condition of development to, be constructed at the time -new development , occurs. - By dispersing year-round . housing multiple 'objectives are met: neighborhoods are occupied throughout the year enhancing security and encouraging activity. Econornies are - achieved by having developers integrate deed-restricked housing at the time they are constructing other uses, and construction of new residences occurs at the time the demand is first triggered. D. Creation and maintereance of housing in Vail fot emergency and key service workers. In Vail, where weather and the - regional road system create periodic. strains, this is especially important. The Town will also_-work w'ith other businesses that provide services essential to,municipal operations to encourage they have critical employees living within the. Town of Vail. The Town will offer partnership opportunities to these types of employers. E. Actively address affordable housing for Vail workers to ensure that the community remains competitive in economic terms. • With the number of Down-Valley jobs continuing to increase, there will be competition for workers; Vail will work to provide appropriate housing to ensure that the Town remains attractive in ttie regional job market. F. Increase and maintain deed-restricted housing within the Town to encourager the efficient use of resources tiy placing 'employees closer to their place of work. It is 'understood there is a reduced need for personal ~ automobiles and ' reduced transit costs when home and work are in close proximity to one another. Also, there may be changes in workforce demographics , that - result in opportunities to reduce parkingassociated , with affordable housing in selected locations. To the extent these oppo"rtunities can be realized, without negative impacts on the overall community, :they will be, explored. ~ 10 Employee Housing Strategic Plan G. Pianning for new employee housing will take jobs and wages into account. It is recognized that wages associated with a particular job influence housing demand. In both catch-up and keep-up programs the Town will work toward providing a range of housing types at price points appropriate to the varying incomes of workers in Vail. It is recognized the free market provides limited opportunity for even the highest wage earners to live and work in Town and it is necessary to have a full range of employees in the community. Diverse housing opportunities for the broadest range of employees will enhance the community. H. Provide and plan for housing along with local and regional public transportation. The EHSP recognizes that these functions are intertwined and where deed-restricted housing exists, there will be a demand for transportation services. It is the goal of the Town to minimize overall transportation costs by housing employees in proximity to their jobs, and to also anticipate the projected costs of transportation (due to fuel and other scarce resources) in the provision of deed-restricted housing elsewhere in the region. POLICY STATEMENTS The Town of Vail will pursue three broadly described methods to achieve the Town's housing goal. Regulatory Requirements will be Imposed by the Town " ¦ Development will be required to address a portion of its housing demand within the Town of Vail; and ¦ New development and redevelopment will be required to address a portion of its housing demand at the development site. The Town will Initiate Development and Acquisition ¦ To address employee housing needs beyond the regulatory requirements for new development; and ¦ To respond to the desire to promote a more diverse and vibrant local community. 1~+1~~,4, ' 11 Employee Housing Strategic Plan Regionai Partnerships will be formed These efforts will address employee housing , rieeds beyond the regulatory requirements by actively seeking partnerships, including: i: Public / Private, and H. Multi Jurisdictional. . These broad methods are further addressed in the Action Steps that are described in the following section. . . . , ACTION STEPS The Town will continue to use tools already in place ihcluding: , ;Itegulatory Requirements: The 'aLinkage" or Commercial 7obs Generation Program The Town will review the current linkage program to evaluate whether it has been meeting the objectives of ensuring that new housing is being created, to house a portion of. the employee demahd that -is being generated . by. new commercial uses in the Town. At this time, no immediate changes in the overall requirements of the program are anticipated. However; the current requirement for new commercial development to provide employee housing for at least, twenty percent (20%) of the employees generated may be reevaluated and the required percentage may be changed as a result of the review, tfie areas of impact . may be modified, and the formulas for calculating job generation rates may be further refined. Additionally, an updafed Rational Nexus will need to be completed on a periodic schedule. The Linkage° Program prov.ides housing to'"keep up" with new demand as it is generated. Achieves Objectives A, C, E, F, and G. The "Inclusionary" Program The Town does not anticipate major changes to -the Inclusionary Housing program at this time. However, the current requirement to restrict 10 percent (10%) of new residential square footage in high density areas to . be employee housing with deed restrictions, may be reevaluated and the ~ 1q~(4FY9IL ' 12 Employee Housing Strategic Plan required percentage may be changed as a result of the evaluation, and/or the areas (zone districts) of impact may be modified. The Inciusionary Program provides housing to "keep up" with new demand as it is generated. Achieves Objectives A, C, E, F, and G. Housing District Zoning Designation The Town currently has a"Housing District" zoning designation. As an action step to implement the Housing Plan, the Town will review the requirements of this district to ensure that it is fully meeting its intended purposes. That review will address the procedural requirements for the Housing District, land use provisions including density, parking and.design standards, and provisions for density bonuses. The evaluation of the Housing District will ensure the Housing District provides optimal employee housing development. Achieves Objectives B, D, E, F, and G. Town Initiatives: Buy-Downs to Generate Deed-restricted Units The Town will actively pursue purchase of attractively priced units for imposition of an appreciation capped deed restriction, and subsequent resale. This technique for increasing the supply of permanently affordable housing is known as a"buy down." It is recognized that this program will be highly market dependent, with limited applicability when the local residential market is surging, and becoming more attractive at times when there is a plateauing of prices. The Town will need to increase the allocation of funds to underwrite the costs associated with purchasing, deed restricting and reselling for-sale units. This is an opportunity to provide diverse housing, to serve the full spectrum of employees. It is important to update the parameters by which buy down units are considered so each buy down unit meets the established goals. Further, it is expected that there will be active involvement by the Housing Authority in overseeing this program. The Buy-Downs program provides housing to "catch up" with existing deficiencies and reduce market leakage. Achieves Objectives B, D, E, F, and G. . Y~YNt~FY9d ' 13 Employee Housing Strategic Plan Employee Housing Units Exchange Program The Town will conduct a review of the "dispersed housing units" that have been created under the density bonus provisions allowed by Town Code since 1982. It is estimated that )00C units were created under the existing program, typically ranging in size from 300 to 500 square feet. It is , believed that many of these units are not being used to house employees . as anticipated by the prog'ram. Although these units are covered by various.types of deed restrictions, the requirements are not uniform and in many cases are not meeting the objective of providirig long-term dispersed employee housing. The Town will evaluate the current program and will consider a"deed restriction exchange program" as a part of this overall effort. The program would likely permit,,at the inifiiation of the landowner, the exchange of small rental units for a larger for-sale, price appreciation capped emplojree housing unit. Guidelines for the program ' will be developed. It is expected that these standards will address recommended size of units, location, homeowner's fees and other aspects of the program. Such a program has been recently tried in Vail. It is believed that other dispersed employee units,'- not currently in use, could be leveraged into permanently restricted units by using this technique; it could represent an important element of this overall plan. l"he Units Exchange Program is to increase the quality and the total quantity of employee housing within the Town of Vail. Achieves Objectives B, E, F, and G. Yncentive Zonireg and Density Bonuses The Town will consider workforce housing objectives in all review processes that permit discretion. This means that the Town will work actively with devefopers as a part of the Housing District, Special Development District review processes and requested changes in zoning to not only meet the requirements of existing code; but to look for opportunities to go beyond code requirements to, encourage additional workforce housing to be created. As a part of these review processes the Town will work actively with developers to create incentives to develop housing that exceeds the minimal requirements -contained in the code. Additional density 'may be granted in selected locations through the appropriate review processes; and fee waivers and subsidies may be considered. The Incentives Zoning and bensity Bonuses help Vail to - "catch up" with existing deficiencies and add to the overall percent of employees living within the Town of Vail. . 9C~t~ 14 Employee Housing ' Strategic Plan Achieves Objectives B, D, E, F, and G. Review Rezoning and Vacant Land Opportunities The Town will regularly review existing codes and the vacant land inventory to identify opportunities to modify current programs that further support the goals of this Plan. The Review of Rezonings and Vacant Land provides "catch up" opportunities to address existing deficiencies and add to the overall percent of employees living within the Town of Vail. Achieves Objectives B, D, E, F, and G. Town Participation in Developments Providing Deed-Restricted Housing The Town is prepared to actively participate in, and will seek partners to further the devefopment of deed-restricted housing. Vail Commons, Middle Creek, Buaard Park and Miller Ranch (located near Edwards in Eagle County) are four relatively large developments that have been completed through active Town participation. The existing developments serve households at difFerent income levels. This has been, and will continue to be an objective of the Town, to serve the broad spectrum of need within the community rather than focusing on just a narrow category of income or household type. The Town participation provides "catch up" opportunities to address existing deficiencies and add to the overall percent of employees living within the Town of Vail. Achieves Objectives B, D, E, F, G, and H. Pu1'SUe a Dedicated Funding Source For Employee Housing Initiatives The Town will pursue a dedicated funding source to ensure adequate and ongoing resources for employee housing infiatives. It is recognized the Town will play an integral role in the creation of employee housing and dedicated dollars will aid in these efforts. The Town may pursue any of the following funding altematives: a dedicated sales tax increase, a dedicated mill levy increase, dedication of the Real Estate Transfer Tax or any other funding source that may be identified. A dedicated funding source would provide "catch up" housing opportunities for Vail workers. a 15 Employee Housing Strategic Plan Achieves Objectives B, D, E, F, G, and H. Create an Existing Residential Conditions Base Line in the Town of Vail Conduct a comprehensive study of current units. Identify the type of units that exist (i.e. studio, one-bedroom, etc.), each unit's current use (i.e. employee occupied, short-term rental, etc.), and the ownership of the unit (i.e. owner-occupied, tenant occupied, etc.). This data will establish the baseline against which future employee housing success will be measured. The baseline conditions will support both "catch up" and "keep up" efforts. Achieves Objectives A, B, C, D, E, F, G, and H. Monitor the Rate of Free Market Employee Occupied Homes The Town will monitor the rate of free market homes occupied by local workers, and deed-restricted homes, on a regular basis. Conversions of free market residential units to second home owner units will be considered in Vail's evaluation of progress toward the goals identified in this Plan. This monitoring will support both "catch up" and °keep up" efforts. Achieves Objectives B, E, F, and G. Conduct a Demographics Survey of Current Vail Residents In order to better understand the current demographics of the local population it is necessary to conduct a local survey. This will provide the Town with back ground information to consider in future housing policy and development decisions to ensure the Town is maintaining a character that is as diverse as it is today. This may occur in conjunction the Annual Community Survey. This information will support "catch up" efForts. Achieves Objectives A, B, D, E, F, and H. . 16 Employee Housing Strategic Plan Establish a List of Essential Service Providers in the Town of Vail Establish a list of essential service providers in the Town of Vail to potentially partner with to ensure critical service workers live within the Town of Vail. This information will support "catch up" efForts. Achieves Objective D. Host Personal Finance and/or Home Buyer Education To encourage home ownership and create successful home owners it is important to provide information and educational opportunities to potential residents. This may also provide the encouragement current renters or existing home owners may need to take the next step in the housing market, freeing up their existing unit to house other employees. This education may provide additional "catch up" opportunity. Achieves Objectives B, D, E, and F. Annual Review In order to ensure the EHSP is always current and is responsive to changing conditions, the Housing Authority shall review the EHSP annually and changes shall be periodically recommended to the Town Council. The purpose of these reviews shall be to ensure that progress on topics related to employee housing is being maintained and that adjustments in Objectives, Policies and Action Steps are made in a timely and specific manner. Achieves Objectives A, B, C, D, E, F, G, and H. Regional EfForts: In order to house employees associated with existing and anticipated jobs, workforce housing will be required throughout the County as well as in the Town. Vail will work actively with Eagle County officials and other municipalities to Iook for regional solutions to providing housing. Further, the need to provide transit services along with housing is also identified. When developing housing for Vail employees in Down-Valley locations, the cost of transit services will be considered in evaluations. R q~'~y~ ' 17 Employee Housing Strategic Plan c While furthering regional housing is an objective of the Town, it will occur in concert with efforts in Vail, and in-Town deed-resfricted housing will be a priority. The Town believes that there are a finite number of: opportunities within Vail and these will - be explored and pursued; Down- Valleydevelopment will not be undertaken if it results in not 6eing able to participate in an opportunity within the Town's boundary. . Partnering opportunities for pown-Valley development "will occur through partnerships that may include not only the County, but also the Town of Avon, Town of Minturn, Eagle County School Disfrict, the U.S. Forest _ Service, and potentially privafe developers. The Dowd ]unction area and the Village at Avon are identified as particular areas, of interest where development opportun'ities are to be explored: ; . Om ~18 Employee Housing . Strategic Plan IMPLEMENTATION MATRIX WHO ESTIMATED PROPOSED ACTION STEP IMPLEMENTS WHEN COST PRIORITY Estabiish and Fund VLHA Operating Town Council and 4th Quarter To Be Bud et VLHA 2008 Determined A Establish Baseline °Existing Conditions" for All Town Council and Units VLHA 2009 25 000 A Monitor 6cisting Conditions for All Town Council and 1s' Quarter of Units VLHA Each Year 5 000 A Monitor Rental and Vacan Rates Ea le Coun Continuous None A Conduct Housing In conjunction with Needs Assessment Ea le Coun 2010 10 000 A Updated Rational Every Fve Nexus Stud Town of Vail Years 2011 15 000 A Monitor Total Number of ]obs in 1st Quarter of Town of Vail Town of Vail Each Year 2 000 A Host Fnance/ Home Buyer Education Classes VLHA Two Per Year 500 A Town Council and Bu Down Units VLHA Continuous 1000 000 ear A Establish Buy Down Town Council and 4th Quarter Unit Criteria VLHA 2008 None A Develop New For- Potentially more Sale Housing at Town Council and than tlhe value of Chamonix VLHA 2010 the land A Develop Additional Rental Housing at Town Council and Potentially the • Timber Rid e VLHA 2011 value of the land A OUR TC~P1+f19 Employee Housing Strategic Plan . 1h/I-0p ESTIIb11ATED PROPOSED AGTION STEP IMP_LEMEiVTS WHEIV COST PRIORITY Town Council - Com Dev Dept - Establish an EHU , VLHA .4th Quarter $10,000 for legal Exchan e Pro ram Recommendation 2008 review A : Implement the EHU Com Development ' Exchan e Pro ram _ De t:-and VLHA Gontinuous None A Town Council - _ Review & Com Dev Dept - Potentially Modify VLHA 1st. Quarter of _ - Commercial Linka e Recommendation Each Year None A ' Town Council - Review & Com Dev Dept - Potentially Modify VLHA 1st Quarter of % Inclusionary* Zonin Recommendation Each Year None A Town Council - Jdentify . : Com Dev Dept - LandJDevelopment VLHA 2"d Quarter of O ortunities Recommendation. Each Year None A Town Council - Prioritize Com Dev Dept - Land/Development VLHA 2"d Quarter of Acquisition of O ortunities Recommendation , Each Year Property A Propose Development Town Council and 2nd Quarter . and or Rezonin VLHA of Each Year Develo ment B Town Council - Com Dev Dept - Review Housing VLHA 2nd Quarter , Zone District - Recommendation of Each Year None B Establish Incentive Town Council - ; Zoning to Ensure. Com Dev Dept - No Net Loss of VLHA 2nd Quarter Rental Housin . Recommendation of Each Year None B None in 2009 ' Pursue a Dedicated Town Council and Begin 1st Marketing in Fundin Source VLHA uarter 2009 2010 B . ~J~~ ' 20 Employee Housing Strategic Plan . UlIHO . ESTYYWATED., PROPOSED ACTIOIV STEP IIWPLEiWENTS WHEN COST . PRI09ZITY Mon"itor Free* Market Real Estate.. VLHA and 1st Quarter of , Transactions - Consultant Each Year 5 000 B Establish List of . ' . Essential Service Town Council and 4th Quarter _ Providers. Town Staff 2008 None C Create Partnerships with Essential Town Council and Service Providers VLHA Continuous None C ItOLES 14fVD RESPOIVSIBILITIES Roles and Responsibilities - The provision of deed-restricted housing is viewed as a partnership between various boards within the Town, each having important roles. and responsibilities. As such, it is imperative that communications be established and maintained between boards to achieve the goal and objectives that are stated in this Plan. Efforts will be made to define, and periodically. refine, the roles and associated communications between• the bodies identified below. ' The Town Council shall act in accordance with Town codes and shall fulfill their . decision-making functions as identified by local ordinances. Land Use Regulations typically stipulate the review procedures;to be followed in reviewing a proposed development. Ultimately, most reviews require an afFrmative decision by the Town Council. Therefore, the Council will be the ultimate decision-making body for developments that require Council review. The Planning and Environmental Commissioh and the Design Review ~ Board also play an important development review role. These two boards will . review development proposals, consistent with the requirements of codes and . ordinances, to ensure.that development is in compliance. The Vail Housing Authority (V.L.H.A.) plays a critical role in ensuring that housing for long=term residents and seasonal employees is available in the Town: This in turn; enhances the quality of life for local residents, and improves the economic viability of the area. The V.L.H. A. mission: . . 21 Employee Housing Strategic Plan F . ' . _ . The V.L.H. A. will play an advisory role to the Town Council and the Planning and Environmental Commission orr matters related to housing policy and development. The Authority will use this Housing Plan as a working document to guide future efforts. As identified in the EHSP, the Authority wi11 work to carry out the Action Steps over the next three years. The Authority's priorities will be those contained in the EHSP as it is adopted, and as it may be modified following subsequent annual reviews. , 22 Employee Housing Strategic Plan GLOSSARY The following definitions are applicable for the terms used in this Plan. Area Median Income (AMI) Lirnits - most communities establish income limits for the prog2ms they administer based on tfie area median income (AMI) for the area according to househo/d size, which are adjusted annua//y by the Deparlment of Housing and Urban Deve%pment (HUD). Four ditl`'erent income categories are defined for various prog2ms and policies 1. Exfreme/y/ow-income, which is less than 30 percent of the median family income; 2. Very/ow-income, which is between 30 and 50 percent of the median family income; 3. Low-income, which is between 50 and 80 percent of the median family income; 4. Midd/e income, which is between 80 and 120 percent of the median family income; and 5. A6ove midd/e income, which is over 120 percent of the median family income. 1 Person 2 Person 3 Person 4 Person 5 Person 6 Person 7 Person 8 Person 30% $17,050 $19,500 $21,900 $24,350 $26,300 $28,250 $30,200 $32,150 50% $28,400 $32,450 $36,500 $40,550 $43,800 $47,050 $50,300 $53,550 60% $34,080 $38,940 $43,800 $48,660 $52,560 $56,460 $60,360 $64,260 80% $41,900 $47,900 $53,850 $59,850 $64,650 $69,450 $74,200 $79,000 100% $56,800 $64,900 $73,000 $81,100 $87,600 $94,100 $100,600 $107,100 120% $68,160 $77,880 $87,600 $97,320 $105,120 $112,920 $120,720 $128,520 140% $79,520 $90,860 $102,200 $113,540 $122,640 $131,740 $140,840 $149,940 160% $90,880 $103,840 $116,800 $129,760 $140,160 $150,560 $160,960 $171,360 Catch-Up Housing - Housing needed to "catch-up" to current deficient housing conditions. In this Plan, catch-up housing needs are defined by current resident households reporting housing problems (overcrowded, cost-burdened and/or living in substandard housing conditions), current renters and owners looking to purchase a home and in- commuters that would like to move to Vail. Catch-up housing is generally addressed through local city development initiatives, non-profits and housing groups and public/private partnerships. Housing Continuum, The - As illustrated below, it is possible to esdmate the number of resident households in the Town of Vail at various income levels. Vail's planning is based on addressing the needs of households of different incomes, recognizing that there is a need to ensure housing for a diversity of households. ~ 23 Employee Housing Strategic Plan 80-100% AMI 120-140% AMI Max Rent $1,825 100% AMI Max Rent $2,736 ` Max Price $241,432' E71,300 Max Pdce $334,741 140% AMI 80°,G AMI ` . 5109,500 50-60% AMI ~,850 ! Max Rent $1,346 ? ( ".Over 140°~ AMI ~ Max Price $180,ZS8 ' I`J'•~Y, Rent Over $2,738 Priee Over;3S4,741 50% AMI $36,500 Ove-r 6• , • I~~I <=509A AMI Maz Rent $913 Max Price $124,796 . 2007 Vail Households EXISYING DEED dtESTRICTED ' EMPLOYEE HOUSING Buvard Park • Rent 24 Units Town Employee Miller.Ranch Typically less than 120% AMI For Sale 262 Units Vail Commons, Red Sandstone, North Trsil ' 60.120% AMI For Sale 77 Units 100% AMI - 100% AMI or less $73,300 80% AAA1 $53.e50 ..'100-74096AM1. . :::..dlax hicome 5169,500 140% AMI , Nu Rerk $2,738 . $109,500 AAax Price $334.74Y Middle Creek , Rent142Unks 50%AMI Less than BO% AMI pII9 2007 Vail Househotds , Inclusionary Zoning - requires a minimum percentage of residential development be provided to'serve local employees as part of°new residential developments (10 percent in Vail). Inclusionary zoning is a housing production obligation based on the community's need for employee housing as related to many factors, including a decreasing developable supply of land, rising home values, insufficient provision of housing affordable to residents by the market, etc., in addition to any direct employee generation impacts of development. Keep-Up t9ousing - Housing units needed to keep-up with future demand for housing. In this Plan, keep-up housing needs focuses on new housing units needed as a result of job growth in Vail and new employees filling those jobs. Keep-up housing is often addressed by the existing free-market, as well as regulatory requirements or incentives to produce housing that is needed and priced below the current market. , 24 Employee Housing Strategic Plan Levels of Homeownership - When discussing affordability of properties by Area Median Income (AMI) level (defined above) and the types of homes households among difFerent AMI groups are seeking; reference is made to a couple difFerent stages of homeownership. This includes: 1. Entry-/eve/ ownership/first-time homebuyers• These are households typically eaming in the lower to middle income range. In Vail, these are households eaming 50 to 100 percent of the AMI. These include households that currently rent (or otherwise do not own a home) and are looking to purchase their first home. 2. Move-up buyers: These are households earning in the middle to upper income range (about 100 to 120 percent AMI or higher) that may currently own a home and are looking to purchase a new or different home for a variety of reasons (relocating, growing family (e.g., having children), shrinking family (e.g., empty-nesters), etc.). Mean -the average of a group of numbers, which is the sum of all the data values divided by the number of items. Median -the middle point in a data set. : 25 Employee Housing Strategic Plan . = Resolution 19,'Series of 2008 . Adoptaon.of the Employee Housing. Strategic Plan ' i 1C1~FN~YAd ' 26 Empioyee Housing Strategic Plan : PItOCESS TINIELINE , . Vail Town Council May 6, 2008 Work Session " Affirm housing goals and,purpose of the EHSP Review proposed actions and timeline - July 1, 2008 ' Work Session July 15, 2008 Special Work Session Identify and affirm objectives and action steps , Confirm overall direction of the EHSP August 19, 2008 Work Session Identify and;affirm the SWOT analysis , . . Affirm overall direction of the EHSP _ September 2, 2008 Adopt the Town of Vail Employee Housing Strategic, Plan Planning and Environmental Coanmission ' August 25, 2008 Work Session ; Provide feedback on the EHSP . Vail Local Housing suthority _ , . March 24, 2008 VLHA Work.Session Met with consultant (Chris Cares) ' . ` , Dusted off previous work towards a TOV Strategic Plan Apnl 10, 2008 , VLHA Work Session Review and update proposed actions and timeline April 24, 2008 VLHA Work Session - Further refine actions and timeline for Council meeting . May 13, 2008 Vail'Economic Advisory Council . Discussion of Housing Objectives May 15, 2008 VLHA Work Session s _ • ~'Nf~~ ' . . 27 Employee Housing ' Strategic Plan , . ]une 10, 2008 Vail Economic Advisory Council ~ Furlfier discussion of Housing Objectives , June 10, 2008 VLHA Work Session . ]une 24, 2008 VLHA Work Session July 8; 2008 VLHA Work Session - ' July 22, 2008" VLHA Work Session . SWOT:Analysis August 12, 2008 . VLHA Work-Session - SWOT Analysis • August, 2008 Meet with Local Employers August 26,2008 VLHA Work Session Review Planning Commission feedback . 'Implementation'Matrix Review R 1~~F 28 Employee Housing Strategic Plan Attachment C MEMORANDUM. , TO: Planning and Environmental Commission, FROM: Community Development Department ' DATE: August.25; 2008 . SUBJECT: A request for a final recommendation to the Vail Town Council for the adoption of the . Town of Vail Employee Housing Strategic. Plan, and setting forth details in regard thereto. (PEC080045) Applicant: Community Development:Department F'lanner: Nicole Peterson 1. SUMMARY The applicant, Town of Vail, is requesting the Planning and Environmental Commission forwards a recommendation to the Vail Town , Council,. for the adoption of the Town of Vail _Employee Housing Strategic Plan, and setting forth details in regard thereto. - Based upon Staffs review, of the criteria -outlined in. Section V of this memorandum and the ..evidence and testimony-: presented, the Community Development Department - recommends the Planning . and Environmental Commission forwards, a recommendation of approval to 4he Vail Town Couricil for the-adoption of the Town of Vail Employee Housing Strategic Plan subjecf to . the findings noted in Section VI of this memorandum. . II. DESCRIPTION OF THE REQUEST The ,Planning and Environmental Commission is delegated- the authority to -review and provide recommendations to the Council for Comprehensive Plan and , Zoning Ordinance amendments. The Employee Housing Strategic Plan (EHSP) . is a Planning document much like the Comprehensive Plan or- the Zoning Ordinance, therefore Staff is requesting that the Planning and Environmental Commission review and provide a recommendation to'the CounciL . It shall be noted that the EHSP is.not meant to be a comprehensive housing plan for the Town, but rather an appendix or. supplement document to the Vail Comprehensive Plan, that provides more detail on the speafic issue of employee or workforce housing. - The EHSP addresses'employee housing only, as defined below (Section 12-2-2 Definitions, Vail Town Code). EMPLOYEE HOUSING UNIT (EHU): A dwelling unif which shall , not be leased or, renfecl for any period /ess than thirty. (30) . consecutive days; and shall be occupied by at /east one. person who is an employee: For #he purposes . of this definition "employee" shall mean a person who .worres an average of thir(y 1 (30) hours per week or more on a year round basis in Eagle County, Cobrado. 111. BACKGROUND At the January 22, 2008, Town Council retreat the Town. Council identified. the completion and adoption of a Housing Strategic Plan by September, 2008, as an immediate goal. In response to the CounciPs objective, the Vail Local Housing Authority (VLHA) has created a draft Employee Housing„ Strategic Plan (Attachment A). ' The Housing Authority has held fin+o work sessions per month, over six months, to facilitate the timely completion of the draft Employee Housing -Strategic Plan ,(EHSP). Additionally, the Vail Economic Advisory Committee. has discussed the goals for the EHSP at both its May and June meetings., A detailed timeline of the drafting.process is inclucied in the EHSP Appendix. IV. APPLICABLE PLANNING DOCUMENTS The following four planning documents provide goals and objectives regarding employee Housing.. . Staff has provided excerpts, below, from each of- the four documents, for the Commission's consideration. o Vail 20/20, adopted November 6, 2007; o Vail Land Use Plan, :updated March 23, 2006, o Vail Village Master Plan, updated January 5, 2005, and o Lionshead Redevelopment Master Plan, updated February,6, 2007 VAIL 20/20 (In part) HOUS/NG 20/20 Vision The number of employees.living within the. town has steadily increased, ~ thanks to the town's commitment to ensure affordability and availabilify of housing. The number of deed-restricted rentaJ and for-sale units required ~of both.private and public projects has increased.. The diversity of,deed- restricted units can accommodate the seasonal worker,. as .well. as all levels of year-round employees, including those with families. Housing in general has been transformed to include green building, standards. - 201201ma/ementation . Based on input from the community during the 20120 process, town staff wifh the Vail Loca/ Housing Authority, developed the following goals and , action sfrategies to support the housing vision. , Goal: The Town of Vail recognizes the need for housing as infrastructure . that - promofes community, reduces transif needs and keeps more employees living in the town, and will provide for enough deed-restricted housing for af least 30 percent of the workforce through policies, regulations and publicly initiated development. ~ 2 Actions/Strategies o Research and propose nexf steps for strengfhening the fown's inclusionary zoning and commercial linkage policies, including requirements for more zone districts. • Research parking requirements for empioyee housing and consider reducing requiremenfs for employee housing developments. ~ Ensure pay-in-lieu funds generate as many workforce housing units as possible. • Establish protocol for disbursemenf of dedicated housing fund resources. • Research and secure potential altemative (besides pay-in-lieu) funding sources for employee housing. • Work with the County and other regional entities to ensure housing is addressed on a regional level. ~ Preserve exisfing affordable/workforce housing within the town. o Expand "buy down" program fhat gives cash for deed resfrictions of units. o Evaluafe impact and explore options for replacement of EHUs from rmber Ridge during redevelopment. ~ Expand the number of employee beds in the Town of Vail. o Redevelop Timber Ridge to increase affordable/worlcforce housing and maximize redevelopment potential with high density zoning. o Update Chamonix/Wendy's Master Plan fo increase employee housing development potenfial. o Redeve/op Chamonix parcel per the master plan. o Redevelop the A-Frame lot for employee housing. o Conduct invenfory of a!/ sites with development potentiai and pursue opportunities for acquiring undeveloped or underdeveloped properties. o Consider increasing incentives in performance zoning for properly owners who build EHUs. o Continue to purchase properties for TOV employee rentals. o Amend development standarols to allow for development of EHUs on properfies. o Evaluate opportunities for potential land swaps with the Forest Service. o Evaluate opportunities for annexafion of land from ofher jurisdictions. o Update the Vail Land Use Plan and iden6fy more areas for employee housing. o Enumerate the effects of housing employees within the Town of Vail, including a cost-benefit analysis of employee housing. 3 VAIL LAND USE PLAN (In part) , 5. Residential 5.3 Afforidable_ employee housing should be made available through private efforts,assisted 6y limited incentives, pmvided by the Town of Vail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 5.5 The existing employee' housing base should be preserved and upgraded: Additional employee housing needs should be accommodateii at varied sites throughout_fhe communify. VAIL VILLAGE MASTER PLAN (In part) " 2.6 Objective: Encourage the development of affordabie housing units through the efforts of the private sector. 2.6.1 Policy: . , Employee housing; unifs may be requined as part of any new or redevelopment . project :requesting densify over fhat allowed by existing zoning. , , . 2.6.2 Policy: . Employee housing, shall, be developed with appropriate . , restricfions, so as to insure their availability and affordability to the local work force: 2.6.3 Policy: . The Town of Vail may facilitate in fhe development of affordable housing by providing limited assistance. LIONSHEAD REDEVELOPMENT MASTER PLAN (In part) 4.1.5 West Lionshead - Residential/Mixed-Use Hub Appropriate uses could - include high density residential.• development, lodging, community and, visitor based office and retail space, empfoyee housing and parking, bus or transit functions and a ski lift connection to Vail Mountain: 'Consideration should be given to integrating employee housing ' into . the redevelopment of West Lionshead in aceordance wifh the Town's % employee housing policies and.regulafions. 4:9 Housing Recent community surveys and grass-roots planning efforts such as Vail.Tomorrow have identified fhe lack of locals tiousing as the mosf critical issue facing the, Vail communiiy. Early in the 4 Lionshead master planning process, west Lionshead was identifred as an opportunity area to implement some of the community's housing goals, particularly relating fo employee housing. These opportunities and associated issues are outlined below. 4.9.1 No Net Loss of Emp/oyee Housing Ground rule number five of the master plan states that there shall be no net /oss of employee housing in Lionshead as redevelopment occurs. 4.9.3 Policy Based Housing Opportunities The first means of implementing housing goa/s in Lionshead is through policy based requirements such as the employee generation ordinance currently being pursued by the Vail Town Council. As required by a future ordinance, all development and redevelopmenf projects, as a prerequisite to project approval, should provide housing for employees generated and to fhe extent possible this housing should be located in the Lionshead area. 4.9.4 Potential Housing Sites Following are specific sifes that have been identified as suitable for locals and employee housing (in part). 4.9.4.1 South Face of the Lionshead Parking Structure The south face of the Lionshead parking structure was identified by the Lionshead master planning team, the public inpuf "nrish list" process, and the Vai! Tomorrow process as a potential location for housing. Depending on buiiding height, this location could support fwo to three levels of housing located above a ground floor level of retail and commencial space. 4.9.4.2 Top Deck of the Lionshead Parking Structure The upper deck of the Lionshead parking structure has also been identified as a potential location for housing. A/though the parking strucfure does offer a large area, several critical planning considerations musf be taken into account 4.9.4.3 Vail Associates Service Yard Holy Cross Site, Vail Professional Building, Cascade Crossing, North Day Lot, and ' the former gas station site All redevelopment in West Lionshead will need fo conform to the Town's housing policies and requirements. In order to create activiiy and vibrancy in West Lionshead it is appropriate to include some dispersed employee housing apportunities for permanent local residents in proposed developments in the area consistent with these policies. 4.9.4.3 Red Sandstone Parking Area 5 The parking lot and Town of Vail transit stop at the. base of the Red Sandstone Elementary schoo/ were identifred as a potential site for employee or locals housing because of its proximity to the ~ . elementary school, the 1=70 pedestrian overpass and fhe tran"sit stop. However, the access (vehicular and pedestrian), safety and functional prograinming needs of the elementary school must take . priority in any potential "housing development scenario. 4.9.4.4 Old Town, Shops The Old Town Shops, located just west of the Vail sanitation plant; - were identified as potential employee housing locations during the master planning process. There are, however, other signfftcant • demands , on tliis site, including potenfial expansion of fhe sanitation plant and the need for a new snowcaf mountain access . route from the. Vai1 Associates seivice yard. In addition, the presence of the sanitation plant on one side and the existing gas station orr the other reduces. the desirability of this location for employee or locals housing. 7.5 Density (Dwelling Units Per Acre): Further, because it is a communitjr goal to increase the number of permanent residents in Lionshead, employee housing units that are deed resfiicted for local employees should not count toward density. 9.1 Project Prioritization . 9.1.2 Private Improvements `9.1.2.5 West Lionshead Local/ Emp/oyee Housing The development bf a significant housing supply in west Lionsliead should be a component of any plans to tear down the Sunbird Lodge and redevelop the Vail Associates core site. Housing is linked to the realignment of South Frontage Road, the possible construcfion of a new west Lionshead parking strucfure, and additional development on the west-. day lot and the Vail Associates service yard. To the, greatesf extent possible, atl of these projects should be planned concurrently, and the sequence in which they are implemen#ed should nof precluda other future projects. It should be considered a priority by the Town of Vaif to determine how much, if any, public parking . should occur in this area. • 9.5 Next, Sfeps The following critical actions wili set the stage for the implementation of the masfer plan recommendations. 9.5.5 Employee Generation ln.accordance.with ongoing efforts to ' provide bofh'locals and employee housing in fhe Town of Vail, an employee generation ordinance, is currently being pursued by the Vail Town CounciL 6 V. REVIEW CRITERIA - Staff believes the criteria, and findings for Zoning Amendments, as set forth in - Section .12-3-7-C, Vail Town Code,• provide relative and diligent standards to review the draft Employee Housing Strategic Plan:,, Staff has provided responses to ..each criterion with regard to the Employee ;:Housing Strategic Plan, (EHSP) below, and included the findings in the. Staff recommendation in Section Vl of this memorandum. (1) The extent to which the EHSP is consistent with atl 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. . Staff believes the proposed EHSP is consistent with the Town's adopted goals, objectives and policies'regarding employee. housing, as sef forth in the planning . documents, quoted in Section. IV Applicable_ Planning Documents, of this " memorandum. The EHSP furthers the goals, objectives and :policies by providing implementation methods and action steps for the continued growth and development of,the community's employee housing stock. (2) The extent to: which the EHSP presents a harmonious, convenient, workable relationship among land uses consistent with municipal ' development objectives. - ' Staff believes the proposed EHSP is necessary.,to facilitate and• provide. a - harmonious, convenient,' workable relationship among land. use regulations . consistent with the Town of Vail master plans and development objectives. The EHSP is in response to the Town's continued need for employee housing units. The EHSP provides a foundation for future actions and decision making regaeding development and funding of employee housing in Vail: (3) The extent to which the. EHSP provides for the growth of an orderly ° viable community and serves the best interesfs of the community as a whole. , The. gap befinreenavailable employee housing and . Vail's premier service employment opportunities; is a well `known and broadly discussed topic. The EHSP provides action steps to decrease the distance between housing and jobs , which, Staff . believes, . provides for the growth of an, orderly, viable community by potentially increasing tFie year-round population and economic activity" in Vail. Staff tielieves the adoption of the EHSP, serves fhe best interests of the commun:ity as a whole by responding to the community's goal of providing employee fiousing in Vail. (4) The extent to which the EHSP results in adverse or benefcial impacts . on'the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors; hillsides ancl other desirable natural features. 7 As mentioned above, the EHSP provides action steps to decrease the distance between housing and jobs in Vail which, Staff believes, is 'highly beneficial to the natural - environment, most notably VaiPs air quality and. noise. By decreasing~ the distance 6etween~ housing and jobs, - the demand on the transportation system (i.e. roads, bus -traffic and automobile traffic) is decreased, resulting in the reduction of airand noise pollutionl. ,Reduction in the amount of traffc, also ' helps protect riparian corridors, hillsides and 'native vegetation in Vail and along the I-70 corridor: VI. STAFF RECOMMENDATION The , Community Development Department recommends the Planning. and " Environmental Commission forwards a recommendation,of approval to the Vail Town Council, for the adoption of the Town of Vail Employee Housing Strategic Plan, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to recommend approval - of the , Employee Housing Strategic Plan, Staff recommends the Commission pass the .following motion: "The Planning and ; Environmenfal -,Commission forwards a recommendation of approval to the Vail Town Gouncil for the adoption of - the Town of Vail Employee Housing Strategic Plan, and : setting forth details in regard fhereto." ' Should the Planning and Environmental Commission choose to recommend approval of the Employee Housing.Strategic Plan, the Department of Community Development recommends the Commission makes:the following findings: "Based upon the review of the criteria outlined in Section V of this Staff memorandum dated August 25; 2008, and the ev,idence and testimony presented, the Planning and Environmental Commission rinds: . 1. That the Employee Housing Strategic Plan is consistent with the applicable elements of the adopted goals, objectives , and policies outlined in the Vail Comprehensive Plan arid is compatible with the developmenf objectives of the Town; and, 2. Thaf the Employee Housing Strategic Plan furthers the general and specific purposes of Zoning Regulations; and, , - 3. That the Employee Housing Strategic Plan promotes. fhe: health,. ; safety, morals, and general welfare of. tiie Town and promote the coordinated. and harmonious development of the Town in a manner fhat conserves and enhances its . natural environment and . its established character as a resort and residential -community of the highest quatity. " - VI1. ATTACHMENTS A. Draft Town of Vail Employee Housing Strategic Plan 8 ATTACHMENT D Minutes of the August 25, 2008 PEC meeting PLANNING AND ENVIRONMENTAL COMMISSION August 25, 2008 1:OOpm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Bill Pierce Rollie Kjesbo David Viele Michael Kurz Sarah Robinson-Paladino Scott Proper Susie Tjossem 1. A request for a final recommendation to the Vail Town Council for the adoption of the Town of Vail Employee Housing Strategic Plan, and setting forth details in regard thereto. (PEC080045) Applicant: Town of Vail, represented by Nina Timm Planner: Nicole Peterson ACTION: No action required. Comments forwarded. Nicole Peterson presented an overview of the proposal and the Staff memorandum. Commissioner Pierce asked where the strategic plan fit into the overall structure of the employee housing program. Nina Timm, TOV Housing Coordinator, replied that Staff and Council perceive it as being a tool that would be used in furthering the goal of providing afforda.ble housing to people in the Town of Vail for all income levels. Commissioner Pierce asked how much work has gone into exploring housing outside Vail, on a regionallevel. Nina Timm, stated that the Town has been talking to great extent with the County and partnering to solve the problexn regionally. Commissioner Pierce suggested that there was an imbalance between appreciation capped units and those that are not capped. Individuals who buy a deed restricted unit do not ga.in the equity to break out of the employee housing system. He concluded by stating that the Town should focus on rental which then allow people to save to eventually buy market-rate units. 5 ' Commissioner Kurz suggested that the only issue that has not been vetted is that individuals are not being ta.ught how fo obtain housing thiough saving, etc. He suggested that the document should include a goal about training people on how to achieve housing success. ..In order to receive housing you must take a training financial class. Commissioner Proper disagreed with Commissioner Pierce that buying and appreciation capped locked you into affordable housing forever. He likes the idea of tying deed-restricted units to. a financial education piogram. Comrnissioner Pierce feels this plan and the previously approved. ordinances rely to heavily. on private developers and project redevelopment. This -should be a . community issue. funded by a tax base. Commissioner Proper, stated he admires the goals of the Employee Housing Strategic Plan however; he disagrees with the methods. He stated that the recent_slowdowri iri - the housing mazket is an indicator that housing is not a right, it's a privilege. He believes the Strategic Plan is `low-hangi.ng fiuiY or the path of least resistance. He suggested instead, that the Town' allow the market to take its course and we'll find that employer's will purchase.housing for their employees on their own. He does not believe the govemment 'should be actively involved in this issue and businesses should be paying higher wages. Commissioner Viele. agrees with Commissioner:-Proper. He believes'the. sfiortage of i employee/ affordable housing is not the public sectors responsibility fa solve. Comxnissioner Kurz stated that we have little enforcement capability however, if we don't set goals and make plans, we won't move forward. Commissioner Pierce asked if the plan was after the fact, referencing the adoprion of Section 12- _13, Employee Housing, Section 12-23 Commercial Linkage and Section 12-24 Inclusionary . Zoning, Vail Town Code. Nina Timm responded that the ordinances are only a part of the pla.n, and that the plan ' also focuses on a regional approach to employee housing. Commissioner Paladino thinks that the efforts are forwazd thinking and attempting tb have positive outcomes. She wishes the plan didn't focus so heayily, , on deed restricted units. Commissioner Tjossem suggested that rent controls aze needed as rental properties aze in excess_of $1200 for a one-bed'room in Vail. , The Commissioners requested that their comments be forwarded 'to the Council without formal recommendation. 6 MEMORANDUM , TO: . Town Council FROM: Community Development Department DATE: September 2, 2008 SUBJECT: First reading, of Ordinance No. 16, Series of 2008, an ordinance amending the official ' zoning map for .the Town of Vail in accordance with Title ,12, Zoning Regulations, _ Chapter 5, Zoning Map; Rezoning a 430 square foot parcel of Tract A, Vail ViIlage 7th ' Filing, from High Density Multiple-Family (HDMF) district to.-General Use (GU) . district, and setting forth details in regard thereto. ~ Applicant: Manor Vail Lodge H.O.A., represented by Jim Adams of East West Partners and Town of Vail Planner: Warren Campbell 1. SUMMARY The applicants, Manor Vail Lodge H.O.A., represented by Jim Adams and the Town of Vail, are requesting - a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to rezone the 430 square feet portion of Tract A, Vail Village 70 Filing, from High Density Multiple Family (HDMF) zone district to General' Use (GU) zone district, located at 595 East Vail Valley Drive. This request will make eff.ective several requirements of the Developer Improvement Agreement adopted in conjunction with the creation of Special Development District (SDD) No. 38, Manor Vail Lodge. II. BACKGROUND On August 11, 2008, the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request to amend the Official Zoning Map of the Town of Vail: Upon consideration of the request, the Commission unanimously approved a motion recommending approval of the rezoning request to the Vail Town Council. The Staff - rriemorandum to the Planning and Environmental Commission is attached for reference #o the memorandum included in this Town Council packet for the Manor Vail Amended Final Plat which will be heard prior to this request. The Review Criteria for the zone district boundary amendment can be found on pages 10, 11, and 12. III. ACTION REQUESTED OF COUNCIL The Town Council can vote-to approve, approve with modifications, or deny Ordinance No. 16, Series of 2008. IV. STAFF RECOMMENDATION The Community Development Department recommends that the Vail Town Council . approves Ordinance No. 16, Series of 2008, on first reading. With the following findings: 1. "That the amendment is consistent with the adopfed goals, objectives and policies outlined in the Vail Comprehensive Plan and compatib/e wifh the . . , ~ deve/opment objectives of the Town; and 2. That the amendment is compatible with and suitable to adjacent uses and appropriafe for the surrounding areas; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential comrnunity of the highest qualify. " V. ATTACHMENTS A. Ordinance 16, Series of 2008 , . , - ORDINANCE NO. 16 Series of 2008 AN ORDINANCE AMENDING THE OFFICIAL ZOIVING MAP OF THE TOWN OF VAIL IN , ACCORDANCE WITH TITLE 12, ZOiVING REGULA710NS, CHAPTER 5, ZOI~ING MAP; REZONING A 430 SQUARE FOOT Pq2TION OF TRACT A, VAIL VILLAGE 7T" FILING, FROM HIGH DENSITY MULTIPLE-FAMILY (HDMF) DISTRICT TO GENERAL USE (GU) , DISTRICT, AND SETTING FORTH DETAIL5IN REGARDS THERETO. WHEREAS, Chapter 5, Zoning Map, of the Vail Town Code establishes the 'procedures for evaluating changes to the Official Zoning Map of the Town of Vail (Zoning Map"); and , . WHEREAS, the proposed amendment to the "Zoning Map"., has been reviewed in accordance with the prescribed requirements outlined in Sections 12-3-1 through 12-3-7 of the Zoning Regulations of the Vail Town Code; and WHEREAS, on August 11, 2008, the Planning and Environmental Commission of the Town . of Vail reviewed and forwarded a unanimous recommendation of approval of the proposed amendment to the "Zoning Map" to the Vail Town Council in accordance with the criteria and findings outlined in Section 12-3-7 of the Zoning Regulations of the Town of Vaik and WHEREAS, the Vail Town Council finds the proposed amendment to the "Zoning Map" is . consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan, the Vail Village Master Plan and is compatible with the development objectives of the Town; and . WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" is compatible with and suitable to adjacent uses and appropriate for the surrourding areas; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" promotes the health, safety, morals, and general welfare 'of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. ORDINANCE NO. 16, SERIES OF 20(B ~ ~NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE.TOWN OF VAIL, COLORADO, THAT: Section 1. Zoning Map Amendment. The purpose of this Ordinance is to amend the Official Zoning Map of the Town of Vail. The Official Zoning Map of the Town of Vail is hereby amended as follows: • A 430 square foot portion of Tract A, Vail Village 7th Filing, shall be rezoned from ' High Density Multiple-Family (HDMF) district to General Use (GU) district, as illustrated on Exhibit A attached hereto. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for. any reason held to be invalid, such decision shall not effect tlie 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, su~bsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4.. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceed'ing 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. ORDtNANCE NO. 16, SERIES OF 200B t ~ Section S. 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 2"d day of September, 2008 and a public hearing for second reading of this Ordinance set for the 16'h day of September, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk ORDINANCE NO. 16, SERIES OF 2008 , Exhibit A Proposed Zoning (Tract A and a 434 sf portion af Lat A, Vall Vill.age Seventh Filing) Rezonirrg from High t7ensgy Multipte Family (NDW fo Generel Use (GO - ;S. : r r." ' . , ; .t ' r~~ - :rn• i Ford Pa~k Manar Vail (L ot A) Sub)ect Property {430 sf portion of Lot A, proposed to be con)oined with ltact A) ? . "`^u'x"'"m"~++.----•-_._.Y _ ~7~:. `rv . _ Tract A > s. : - „yl°~ _ L^~ , _ : . _ ; p ~ ` . ~ Y• . ` ; g- t,.r~ 4~ ' '.s' ••-s , ~f~'~ ~#.t. 1~1 l . 'a 't[~r~ ~ „L~+* "~H^z~~}~~e-£~.r~L~~~"r~ ~r:~:• ~ ,_i~•~.; " (j''. {i, `)t~ 4,'-.tiF~} I., ~~~w. ,•r ~ r: . A . ~ d 5 ~ i,f"~`-; ^ • ii ~ r.S; _...'.y.;.:v'i't^.~i,qr,'*.i."i~•'~. `~y ~~Y -f: ,e ~ti,. 't ~ ~ it°L'rd-~•.' G. ! c:: : ~ :z{~t.3. . w-r'~".', , ` .~"'p ;.'a.+'~„i~'•.~='-s'.{,y:,.Y.`w.~. . ' ' `i ~.t µ,•i~~~ aM' S' L ,j ' H`~'. ' •'°t-.,. ;~4`'~ f~~ ~ ~ r~.' 'a r»• ~``s<: ~ • `"ti.1~,' s' •~a:~~F''^ m.Meo.a aesea?r he ~w,a:wao+a~wna. nK an~ m c.ap ~r, iu,em nmou..,nr. ~ LestMod4ed IWgust4,2008 v.t-araa"u.v-f r,°m'nm~pamW-,knCOi~'yWWmh.edti ORDINANCE NO. 16, SERIES OF 2008 ` MEMORANDUM- . TO: Town Council FROM: . ' Community Development Department. ' DATE: September 2, 2008 SUBJECT: Request foc final review of a proposed land and easement dedication to the Town of Vail pursuant to Section 13-3-11, Council Acceptance of Dedications, Vail Town Code, in conjunction with • the final review -of an amended final plat, pursuant to Chapter 12-12, Exemption Plat Review ; Procedures,. Vail Town Code, to allow for, a modification to shared property boundaries between Lot A and Tract A, Vail. Village 7th Filing,, located at 595 East Vail Valley Drive, and setting forth details.in regard thereto. Applicant: Manor Vail Lodge H.O.A., represented by Jim Adams of East , - West Partners and Town of Vail Planner: Warren Campbell . 1. DESCRIPTION OF REQUEST _ Request for final review of a proposed land and easement dedication to the Town of Vail pursuant to Section 13-3-11, Council Acceptance of Dedications, Vail : . Town Code, in conjunction with the final review of an amended final plat, pursuant to Chapter 12-12, 'Exemption Plat Review Procedures, Vail Town Code, ~ to allow for a rnodfication to shared property boundaries between Lot `A and Tract A, Vail Vllage 7"' Filing, located at 595 East Vail Valley Drive. This request by Manor Vail Lodge H:O.A. and, the Town of Vail is, proposed in order to achieve compliance with the approved Developer Improvement. Agreement entered into in conjunction with the adoption of Ordinance. No:14, Series . of 2005; creating Special Development District No. 38, Manor Vail Lodge: • The request specifically grants the Town of Vail a~relocated 20-foot~ wide pedestrian, bicycle, and utility' access easemerit to Ford Park in the location of the newly constructed curvilinear path as contemplated by the approval ;of the Manor Vail Special Development District. Furtfiermore; ttie, proposed arriended final plat transfers a 430 square foot parcel of land from Manor Vail to the Town of Vail which is depicted as becoming a partof'the Town's Tract A, Vail ViIlage 7t" Filing. A subsequent rezoning is being proposed for this parcel through Ordinance No. 16, Series of 2008. II. BACKGROUND - On June 21, 2005, the Town Council unanimously adopted Ordinance No. 14, Series of 2005, an ordinance repealing . and reenacting Ordinance` 24, 'Series of 2004, establishing Special *.Development District No. 38, Manor .Vail Lodge, and setting forth details in regard thereto: In conjunction with thaf approval the developer was 1 • required to provide the Town a portion of land measuring 430 square feet in the southeast portion of the site and provide an easement for the relocated Ford park pedestrian path which crosses the Manor Vail property. On August 11, 2008, the Planning and Environmental- Commission unanimously approved, with a condition, the amended final plat which granted a relocated Ford Park pedestrian access easement and 430 square foot parcel 'to ethe Town of Vail which is to become a part of Town owned Tract A, Vail Village 7th Filing. A copy of the staff memorandum is attached (Vail Town Council Attachment.A) III. STAFF RECOMMENDATION The Community Development Department recommends,that the Town Council approves the request for a final review of a- proposed land and easement dedication to the Town.of Vail pursuant to Section.l3-3=11, Council Acceptance of Dedications, Vail Town Code, in conjunction with the final review of an amended, final plat, pursuant to Chapter 12-12, Exemption Plat Review Procedures, Vail Town Code,, to aflow for a modification to shared property boundaries befinreen Lot A and Tract A, Vail Viltage 7th Filing, located at 595 East Vail Valley Drive, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria outlined in Section VIII of the Staff memorandum to the Planning. and Environmental Commission dated August 11, 2008, and the evidence and testimony presented. Should the Town Council choose to approve the amended final plat and accept the dedication of.an easement and land from Manor Vail Lodge H.O.A, the Community Development - Department recommends the Council pass the following motion: "The Town.Council approves the applicant's request for an amended final plaf entifled "Fourth Suaplement To Map Of Manor Vail. Lot A and Tract A, Vail. -Villaqe; Seventh Filinq, Town of Vail, Eaqle Countv, COlorado pursuant to Chapter 13-12, Exemption Plat Review Proceduces, Vail Town Code, to allow for a modification to shared property boundaries between Lot A and.:Tract A; Vail Vil/age 7th Filing/located. at 595 East Vail Valley Drive, and setting forth details in regard thereto.." - . Should the Planning, and Environmental Commission choose to approve the amended final. plat, the Community Development Department recommends the Commission makes the following findings: 4 The Town Council finds: (1) That the subdivision is in compliance with the criteria listed in Sub- section 13-3-4A, Vail Town Code; and (2) That the subdivision is consistent with the adopted goa/s,- objectives and po/icies outlined in the Vail Comprehensive Plan. and compatible with the development objectives of the Town; and 2 . , • I (3) That fhe subdivision is compatible with and suitable to adjacent_ uses, and appropriate for the surrounding areas; and (4) That the subdivision promotes the.health, safety, morals, and general ' we/fare of the Town and promofes, the coordinated and harmonious ' development of the Town in a manner that conserv'es and enhances its natural environment and its established charaeter as a resort and residential community of t/te highest qualify. IV. ' ATTACHMENTS A. Memo to the Planning and Environmental Commission dated August 11, 2008 . , . 3 . . MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 11, 2008 SUBJECT: A request for a final review of an amended final plat, pursuant to Chapter 12- 12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries between Lot A and Tract A, Vail Village 7t' Filing, and a request for a final recommendation to the Vail Town Council of a zone district boundary amendment, pursuant to Section 12-3-7, Amendment; Vail Town Code, to rezone 430 square feet of Tract A, Vail Village 7t' Filing, from High Density Multiple Family (HDMF) zone district to General Use (GU) zone district, located at 595 East Vail Valley Drive, and setting forth details in regard thereto. (PEC080038, PEC080039) Applicant: Manor Vail Lodge H.O.A., represented by Jim Adams of East West Partners and the Town of Vail Planner: Warren Campbell 1. SUMMARY • The applicants, Manor Vail Lodge H.O.A., represented by Jim Adams and the Town of Vail, request final review of an amended final plat, pursuant to Chapter 12-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries between Lot A and Tract i4, Vail Village 7t' Filing, to convey a 430 square foot parcel to the Town of Vail, and a request for a final recommendation to the Vail Town Council of a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to rezone the 430 square feet. portion of Traet A, Vail Vllage 7"' Filing, from High Density Multiple Family - (HDMF) zone district to General Use (GU) zone district, located at 595 East Vail . Valley Drive: These applications will make effective several requirements of the Developer Improvement Agreement adopted in conjunction with the creation of ' Special Development District (SDD) No. 38, Manor Vail Lodge. Staff is recommending the Planning and Environmental Commission approves with a condition the amended final plat which transfers a 430 squa're foot parcel to the Town-of Vail and forwards a recommendation of approval on the request to rezone a 430 square foot parcel from HDMF district to GU district subject to the findings and criteria outlined in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicants, Manor Vail Lodge H.O.A., represented by Jim Adams and the Town of Vail, are requesting review and approval of an amended final plat which transfers a 430 square foot portion of Manor vail property to the Town of Vail. This properry witl be combined with the Town of Vail owned Tract A which is currently zoned GU district. The Town is requesting that the 430 square foot portion of transferred land proposed to be added to Tract A be rezoned from HDMF district to GU district. The reconfiguration of the shared lot line results in Lot A(Manor Vail), Vail Village 7tn Filing, decreasing in size by 430 square feet to 237,111 square feet and Tract A Vail Town Council Attachment: A (TOV), Vail Village 7th Filing increasing in size by 430 square feet to 6,448 square feet. This.. purpose of this exchange, of property, is to facilitate the possible construction of a bus stop shelter in the future, at this; entrance to Ford Park along Vail Valley Drive. . . F.urthermore the proposed amended plat depicts the relocated Ford Park pedestrian path easement and the easement to be abandoned. This relocated. easement . corresponds to the approved pedestrian path configuration and is the fnal step in accepting the new pedestrian path location as anticipated ;in the adgption of SDD No. 38, Manor vail Lodge. A copy. of tFie proposed. plat entitled; "Fourfh Supplement to ,Map Of Manor Vail, Lot . • A and Tract A, Vail ViUage Seventh Filing, Town of vail, Eagle County, Colorado" .(Attachment A), as is a exhibit of the existing and,proposed zoning of the 430 square foot parcel (Attachment B). : - _ III. BACKGROUND On June 21, 2005, the Town Council unanimously adopted Ordinance No: 14, Series of 2005, an ordinance repealing and reenacting Ordinance 24; Series of 2004,.establishing Special Development District No. 38, Manor Vail Lodge, and setting forth details in regard thereto: .In conjunction with that approval the developer was required to provide the Town a portion of land measuring 430 square feet in the southeast portion of the sife and provide an easement for the relocated Ford Park pedestrian path which crosses the Manor Vail property. . IV. ROLES OF REVIEWING BOARDS Exemption Plat . Planninq and Environme?tal Commission: Action: Pursuanf to Section 13-12-3C, Review and Action on Plat, Vail Town Cod, the Planning and Enviro nmental Commission is responsible for final approval, appeoval with modifications, or denial of the final plat. Desican Review. Board: Action: The Design Review Board has no review authority on an exemption plat, but must review any accompanying Design Review Boa~d application: Town Council: , - . The Town Council is the appeals authority for.an exemption plat review procedure in , accordance with Sub-section 13-3-5C, Council May Appeal, Vail Town Code., Staff: . . , . . The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. . Staff provides a staff memo containing background on the property. and provides a staff, eyaluation of the project-with respect to the required criteria' and findings, and a, eecommendation on approval, approval with conditions,. or denial. Staff also facilitates the review process. Rezonina/Zone District Boundarv Amendment ~ 2 . Planning and Environmental Commission: The Planning and Environrriental Gommission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Town Council on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. Desi4n Review Board: The Design Review Board has no review authority on, zoning/rezonings. Staff: The staff is responsible for ensuring that 'all submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning Regulations. Staff provides a staff memo containing background on the property and proVides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval., approval with conditions, or . denial. Staff also facilitates the review process. Town CounciL . `The Town Council is responsible for_ final approval/denial of a zoning/rezoning. The Town Council shall review and approve the proposal based on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehpnsive Plans, and impact on the ge?ieral welfare of the community. V. APPLICABLE. PLANNING DOCUMENTS TITLE 13, VAIL TOWN CODE: SUBDIVISION REGULATIONS (partial) 13-2-2 DEFINITIONS EXEMPTION PLAT.- The platting of a portion of land or property that. does'not fau within the definition of a"subdivision" as contained in this section. 13-12 EXEMPTION PLAT REVIEW PROCEDURES 13-12-1: PURPOSE AND INTENT: ' The purpose of this chapter is to establish criteria and an appropriate review process whereby the planning and environmental commission may grant exemptions from the definition of the terrn "subdivision" for properties that are determineal. to fall outside ' the purpose, purview and intent of chapters 3 and 4 of this title. This process is intended to allow for the platting of property where no additional parcels are created and conformance with applicable provisions of this code has been demonstrafed. 13-12-2: EXEMPTIONS IN PROCEDURE AND SUBMITTALS: "Exemption Plats" as defined in section 13-2-2 of this.title, shall be exempt from requirements related to preliminary plan procedures and submittals. Exemption plat applicants may be required to submit an environmental impact report if req,uired by title 12, chapter 12 of this code. 13-12-3: PLAT PROCEDURE AND CRITERIA FOR REVIEW: 3 C. Review And Action On P/at: The planning and environmenta/ commission shall - review. the Plat and associated materials and sha/l approve, approve with modifications or disapprove the plat wifhin twenty,one (21) days of the first public, hearing on the exemption plat application or the exemption plat application wiU be deemed approved. A longer time period for rendering a decision may be granted subject fo mutual agreement between fhe planning and environmenfal commission - and the applicant. The criteria for reviewing the plat shall be as contained in section 13-3-4 of this title. Town of Vail Zoninq Requlations (Title 12, Vail Town Code) 12-6H: High Density Multiple Family District (in part) 12-6H-1: Purpose: The high. densitymultiple-family district is intended to provide sites . for multiple-family dwellings at densities fo a maximum of twenty five (25) dwelling units per acre, together with such public and semipublic facilities and /odges,, private recreation facilities and related, visitor oriented uses as may appropriately be located in the same district. The high density multiple-family district is intended to ensure adequate light,. air, open space, and other amenities commensurate with high densify, apartment, , condominium and lodge uses, and fo maintain the desirable residential and resort, qualities of the district by, establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and vacation community . and, where permittea?, are intended to blend harmoniously with the residential character of the district. 12-9C: General Use District (in part) . 12-9G1: Purpose: . The general use district is intended to provide.sites for public and quasi- public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve . fhe purposes prescribed in section 12-1-2 of this title and to provide for the public welfare. The general use district is infended to ensure that public buildings and grour?ds and certain types of quasi-public uses permitted in.the district are appropriafely located and designed to meet the needs of residents and visifors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permifted types of uses. 12-9G2: Permifted Uses: The following uses shall be pe?mitted in the GU district: Bicycle and pedesfrian paths. Passive outdoor recreation areas, and open space. 12-9G3: Conditional Uses: 4 - A. Generally: The following conditional uses shall be permitted in the GU _ district, subject to issuance of a conditional use permif 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 pmducts, grown, produced or made ori the . premises. , Public and private parks and active outdoor recreation areas, facilities and uses. ' Public and private schools: _ . Public and quasi public indoor community facilities. Public buildings and grounds. Public parking structure. Public theaters, meeting rooms and convention facilities. , Public tourisbguest service related facilities: Public transportation terminals. Public unstructured parking. Public utilities installations including transmission lines and appurtenant . equipment. Religious institutions. Seasona/ structures or uses to accommodate educational, recreational or cultural activities. . • Ski lifts, tows and runs. Type lll employee housing units (EHU) as providecl in chapter 13 of this title. INater, and sewage treatment plants. B. Proximity To Parking Required: The following conditiona/ uses shall be permitted in accordance with the issuance of a_conditional use permit, provided such use is accessory to a parking structure: Offices. 5 Restaurants. - - Ski and bike storage facilities. Sundries shops. Tourist/guest service related facilifies. Transit/shuttle services. 12-9C-5: Developmenf Standards: A. Prescribed By P/anning And Environmental Gommission: In the.general use district, development standards in each of the fo/lowing categories shall be as prescribed.by the planning and environmental commission: 1. Lot area and site dimensions. 2. Setbacks. " 3. Building height. 4. Density control. 5. Site coverage. _6. Landscaping and site development. 7. Parking and loading. 8. Reviewed By Planning And Environmental Commission: Development - ~ standards, shall be proposed by the applicanf as a part of a conditional use permit application. Site speciric development sfandards shall then be determined by the planning and environmental commission during the review of the conditional.use request in accordance with the provisions of chapter 96 of this fitle. VI. SURROUNDING LAND USES AND ZONING Land Use . Zoning . ' ~ North: Open Space/Recreation GU District . East: Open Space/Recreation GU District , West: Residential/Recreation HDIVIF District and Outdoor Recreation . District South: Residential/Recreation HDMF District and Ski Base Recreation . District VII. . SITE ANALYSIS :_The following is'a zoning analysis of Lot A:and Tract A, Vail Village 7th Filing, which are.proposed to be amended by the-proposed application. Lot A, Vail Village 7th Filing ~ - Zoning: HDMF.District Land Use Plan Designation: Village master Plan , Current Land Use: Multiple=family residential 6 Development Standard Allowed Existinq Proposed Lot Area: , 10,000 s.f. 237,541 s.f.., 237,111 s.f. (430 s.f.) Dimension: .80'X80' min. . 300'X300' 300'X300' Frontage: 30 ft. min. 872 ft. 847 ft. GRFA: NA 7,795 s.f. 7,930 s.f. (+135 s.f.) Access: The access is taken off of Vail Valley Drive. Tract A, Vail Village Ph Filing . Zon'ing: GU District Land Use Plan Designation: Parlc Current Land Use: Park/Recreation • Development Standard Allowed Existinq _ Proposed Lof Area: No min. 6,018 s.f. 6,448 s.f. (+430 s.f.) Dimension: No min. 10'X10' 20'X20' Frontage: No min. 991 ft. 1,017 ft. GRFA: No max 0.0 s.f. 0.0 s.f. Access: The access is taken off of Vail Valley Drive. VIII. . APPLICATION CRITERIA AND FINDINGS Exemption Plat The pu.rpose section of Title 13, Subdivision Regulations,is intended to ensure that the proposed subdivision is promoting the health, safety. and welfare of the community: The criteria for reyiewing an exemption plat shall be as contained in section 13-3-4 of this title which are as follows: (1) The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted,goals, objectives and policies outlined in the Vai! Comprehensive Plan and is _compatible with the development objectives of the town; and Staff Response: Staff has reviewed the Vail Comprehensive Plan and clete"rmined the Land Use Plan and Vail Village Master Plan to be applicable . element of the Plan to this request. The Vail Land Use Plan identifes the properties proposed for subdivision with this application as be ViIlage Master Plan which states that the Vail Village Master Plan is the goveming document : for the site. The Vail Village Master Plan identffes the Ford Paiic Path as a ceitical pedestrian link in the. overall pedestrian nefinrork of the ViIlage. The request to relocate the Ford Park pedestrian access and provide a pedestrian access easement is in keeping with the Master Plan. Furthermore- the provision of a 430 square foot parcel in the southeastern portion of the site to the Town provides an opportunity to possibly better the bus stop in this location in the future which is supported by the Vail Village Master Plan. 7 Staff believes the proposed minor subdivision is in compliance with the- Vail Land Use Plan and Vail Village master Plan as, req"uired by this criterion. (2) The extent to which the proposed subdivision complies with all of the standards of this Title, as we/l as, but not.limited to, Title 12, Zoning - Regulations and other pertinent regu/ations that the P/anning and Environmental Commission deems applicable; and Staff Response: Staff has,reviewed the proposed ,fnal plat and found that all submiftal documents were received and the resulting lots will comply with all applicable portions of the Town of Vail Zoning Code. (3) The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Staff Response: A review of Ordinance No. 14, Series of 2005 and the accompanying Developer Improvement Agreement for the Manor Vail Lodge redevelopment confirmed that the proposed amended.final plat is conforming to the intended outcomes of the Manor Vail Lodge redevelopment. The approved site plan and agreements contemplated the relocation and,granting of a new easement for the Ford Park pedestrian path •and the granting of fee simple title to a 430 square foot parcel to the Town. The review and adoption of Special Development District No. 38, Manor Vail, took into account the need for a harmonious, convenient, and workable relationship between Manor vail and its neighboring properties. Staff believes the proposed amended final plat' is in compliance with this. ` criterion. (4) The extent of the effects on the future development of the surrounding area; and . , Staff Res,ponse: The. comprehensive planning effort utilized in the review of the Manor Vail Lodge redevelopment, and the associated creation of Special Development District No. 38, Manor Vail, does not have any negative effects on the 'fufure development of the surrouriding area. The land to be transferred is in a(ocation on the Manor Vail property which is functionally an unusable piece of property as it tapers to a point where setbacks render it undevelopable. Staff believes the proposed minor subdivision is in compliance with this criterion. (5) The extent to which the.proposed subdivision is located and designed to avoid creating spatial pattems that cause ineffrciencies in the delivery of public services, or require. duplication or premature. extension of public facilities, or result in a"leapfrog" patfem of development; and Staff Response: As stated in the, above criterion the comprehensive planning effort utilized in the review.of the Manor Vail Lodge redevelopment and its associated applications will result in efficiencies in the elements identified in the above criterion. 8 Staff believes the proposed minor subdivision, is in compliance with this criterion. (6) The extent to which the utility lines are sized to. serve the planned . ultimate population of the service area fo avoid future land disruption to upgrade under-sized lines; and • Staff Response: As a part of the review of the Manor Vail Lodge all the utility companies supplying services to this development were consulted and signed off on the ability to sefve the site. Staff believes the proposed amended final plat is in compliance with this criterion. (7) The extent to which. the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and. StafF Response: , As stated in the above criterion the _comprehensive planning effort utilized in. the review of the Manor Vail Lodge redevelopment and its associated applications will result in efficiencies in the elements identified in the above criterion. Staff believes the proposed amended final plat is in compliance with this cri#erion. (8) The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environmen't, including, but not limited to, water guality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and Staff Response: As stated in the above criterion the comprehensive planning effort utilized.in the review-of the Manor Vail Lodge redevelopment and its associated applications will result in efficiencies in the elemenfs identified in the above criterion. Staff believes,the proposed amended'final plat is in compliance with this criterion. (9) Such ofher factors and criteria as the Commission and/or Council deem applicable to the proposed subdivision. 6. Necessary Findings: Before recommending and/or granting 'an approval of an application for a major subdivision, the Planning and Environmental Commission shall make the following findings with respect to the proposed major subdivision: (1) That the subdivision is in compliance with the criteria listed in Subsection 13-3=4A, Vai! Town Code; and (2) That the subdivision is consistent with the adopted goals, objectives and po/icies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and 9 ' . ~ (3) That the subdivision is compatib/e with and suitable to adjacent uses and appropriate for the surrounding areas; and . (4) That the subdivision promotes the hea/th, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious deve/opment of the Town in a manner that conserves and enhances its natural. environment and its established character as a resort and residentia/ community of the highest quality. ' Arriendment to the Official Zoninq Maq of the Town of.Vail (rezoninQ) Chapter 3; Administration and Enforcement, Title 12, Zoning Title, of the Vail Town Code authorizes amendments to the Official Zoning Map of the Town of Vail. Pursuant to Section 12-3-7, Amendments, in part, "an application to amend the district boundaries of the Zoning Map may be initiated by petitioh of any resident or property owner in the Town." Furthermore, Section 12-3-7 C prescribes the criteria and findings the Planning and Environmental Commission and Town Council shall consider with respect to a request to amend the Zoning Map. The Manor vail Lodge and the Town of Vail are seeking 'a' recommendation of approval to rezone the 430 square foot parcel to be added to Tract A from High Density Multiple Family (HDMF) District to the General-Use (GU) District. According to Section 12-3-7 C, of the Vail Town Code, -Before acting on an application for a zone district boundary amendment, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the requested zone disfrict boundary amendment: 1. The extent to which the zone district amendment is consistent with all the' applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development olijectives of the Town; and ' Through the review and adoption of the SDD for Manor Vail Lodge the Town and applicant negotiated the transfec of the 430 square foot portion of tand 'to be added to the Town owned Tract A. Tract A is currently zoned General Use district. According to Section 12-9C-1: Purpose; General Use District, "The general use district is intended to provide sites for puhlic and quasi-public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards , prescribed for other zoning. districts, and for which development standards especially prescribed for each particular development - proposal or pro jecf are neeessary. to achieve fhe purposes prescribed , in section 12-1-2 of this title and to provide for the pu6lic welfare. The general use district is intended to ensure.that public buildings and grounds and certain types of quasi-public uses permifted in the district are appropriately located and designed to meet the needs of residents 10 and visitors to Vail, to harmonize with surrounding uses, and, in the . case of buildings and other structures; to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted fypes of uses. " The Town of Vail Land _Use Plan identifies Tract A as "Parks" land use designation: The "parks" land use designation states the following: "Includecl in this category are fown owned parcels intended for both active recreation activities such as athletic frelds, golf courses and . playgrounds, as well as areas for various passive recreation activities." Staff believes that the rezoning of the 430 square foot piece of land to be added to Tract A to general Use is consistent and compatible with the Vail Comprehensive Plan .and the Town's development objectives. Staff believes the proposal complies with this.criterion. 2. The extent to which the zone district amendment is suitable with the ' existing and potential land uses on the site and existing and potential surrounding land uses as set out in the Town's adopted ; planning documents; and The transfer of the proposed 430 square foot piece of land from Manor - Vail to the Town, and requested rezoning, does not affect the land uses of . the sites. As stated previously the long term intent of the Town with regard to this land exchange is the possibility of constructing a bus shelter along.Vail Valley Driv.e at this entrance to Ford Park. The request to rezone this 430 square foot parcel to General Use disfricf will fiave no negative effect on the items identified in this criterion. Staff believes the p'roposal complies with this criterion. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The transfer.of the proposed 430 square foot piece of land from Manor Vail to the Town, and requested. rezoning, does not negatively impact the • workable relationship befinreen the Manor Vail Lodge and Ford Park. As stated, previously the long term intent of the Town with regard to this land exchange is the possibility of constructing a bus shelter along Vail Valley Drive at this entrance to Ford Park. The request to rezone this 430 square foot parcel to General Use district will have no negative effect on the items identified in this criterion. Staff believes the proposal complies with this criterion. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community a°nd does not constitute spot zoning as the amendment serves the . best interests of the community as a whole; and 11 The-requested rezoning of the 430 square foot parcel to generaP use does not constitute spot zoning as the adjacenf.Tract A and the entirety of Ford Park is currentiy zoned General Use district. . This rezoning serves the besf interest of the community by providing the potential for the possible bus shelter construction in the future,at this location. Staff believes the proposal complies with this _criterion.: 5. The eztent to which the zone district 'amendment results in adverse ~ or beneficial impacts. on the natural environment, including but not limited to water quality, air.,quality, noise, vegetation, riparian ` corridors, hillsides and other desirable natural features,; and The proposed rezoning does not have.any adverse effects~ on, the items identified in the above criterion. Staff believes the proposal complies with this criterion. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. The General Use (GU) district is proposed for the subject 430 square foot piece of property. The proposed zone,district is consistent with the intended purpose of that zone district. The, purpose of the General Use , district is found under Criterion 1. . Staff believes the propasal complies with this criterion. 7. The extent to which the zone district amendment demonstrates how conditions have changed since_ the zoning designation of the subject properly was adopted and is no longer appropriate. The requested zoning is appropriate, for the 430 square foot parcel so long as the associated plat is approved.transferring the land from Manor Vail to Tract A. The adoption of the proposed plat changes the existing conditions and therefor.e:warrants a rezoning of#he parcel. Staff believes the proposal complies with;this criterion. 8. Such other factors and crBteria as the Commission and/or Council deem applicable to the proposed rezoning. IX. STAFF RECOMMENDATION Amended Final Plat The Community Development Department recommends that the Planning and Environmental Commission approves, with condition(s), the request for a final review of an amended final plat, pursuant to Chaptec 12-12, Exemption Plafi Review Procedures; Vail Town Code, to allow for: a, modification to shared property boundaries between Lot A and Tract A, Vail Ullage 7t~' Filing/located at 595 East Vail Valley Drive, and setting forth details in regard thereto. . Staff s recommendation is based upon the review of the criteria outtined in Section _ Vlll of this memorandum and the evidence and testimony presented. 12 Should the Planning and Environmental Commission choose to approve the . amended final plat, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with condi6on(s), the applicant's request for a amended final plat entitled "Fourth Supplement To Map Of Manor Vail, Lot A and Tract A. Vail Villa4e. Seventh Filin4. Town of Vail. Eagle Countv:. Co/oradopursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries lietween Lot A and Tract.A, Vail Village 7"' FilingAocated at 595 East Vail Va'lley Drive, and setting forth details in regard thereto.. " Should the Planning and Environmental Commissiori 'choose to approve the amended final plat, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmental Commission rinds: (1) That the subdivision is in compliance with the criteria listed in Sub-section 13-3=4A, Vail Town Code; and (2) That the subdivision is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and (3) Tliat the subdivision is coinpatible with and suitable to adjacent uses and appropriate for the surrounding areas; and (4) That the subdivision promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established cliaracfer as a resort and residential community of the highest quality. Should the Planning and Environmental Commission choose to approve the amended final plat, the Community Development Department recommends the Commission makes the following condition(s): 1) The applicant 'shall continue to work with the Town Staff to prepare an agreeable written Ford Park easement document, which shall accompany the plated easement to be reviewed and approved by the Town Council. Zone District Boundarv Amendment The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval of a request for a final recommendation to the Vail Town Council of a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to rezone 430 square feet of Tract A, Vail Village 7th Filing, from High Density Multiple Family (HDMF) zone district to General Use (GU) zone district, located at 595 East Vail Valley Drive; and setting forth details in regard thereto. StafFs recommendation is based upon the review of the criteria 'outlined in Section VIII of this memorandum and the evidence and testimony presented, subject to the following findings: , 13 "Before recommending and/or granting an approva/ of an application for a zone district boundary amendment the Planning & Environmental Commission and the Town Council shall make the followrng findings with respect to the requested amendment: 1. That the amendment is consistent wifh the adopted goa/s, objectives and policies outlined in the Vail Comprehensive Plan .and compatible with the development objectives of the Town; and 2. That the, amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 3. That the amendment promotes the health, safety, morals, and general , welfare.of the Town and promotes fhe 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." X. ATTACHMEYVTS A, Proposed amended Final Plat entitled Fourth Supplement to Map. Of Manor Vai/ Lot A and Tracf A, Vail Vllaae, Sevenfh Filina, Town of Vail, Eaqle Counfv, .Colorado ' B. Copy of ffie 'exisfing and proposed rezoning C. Public Notice 14 I aax n.r v.uz am ~ 1~M7/17 IV ~ ~ 6 eax ra vur m ~ ano.Wa~xmY .~~a eaurro7 vAa,ru Wt ms. 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' fqq0 PAI1K Le25&94' ~ C ~ R°4~Q0' 1RACT A 8~ ~ ~~Illi e~r na~aur ~ ~ ~,Tf14~1' ~ 1 a13~1 iI~ cO.serVrarw g V ' ~e,~"~" a ~ a1-z55 74 ~ ~~~?P ~ fM PAIBIf ~ .,y aae' pR~VE V~` ~ . 0 N ~ M ~ ~ n ~ ~ g E3'a"me a° ~ ~ ~ a 08-OGZB 9 wnae ,~waa a aaooe wxv.w m...p. arA,e m a.~ Existing Zaning (Tract A and a 430 sf portian of Lot A, Vail Village Seventh Filing) Rezonirrg from High DensifyMultiple Family(NDMF) fo Gerreral Use (GQ) ~ _ - - - - - - - - - - ~ ~"A~° c gi °~S ex 3~ ~ LL~ 3... 5~~ 9Y°`~ ~'R- ~ • ~ d y ~ htanor Vail (LocA) Subject Property (430 sf portion of Lot A, 3 proposed to be conjoined with Tract A) CD ro ~ . r `~t t e _ , - Tlactll - ' - ~ _ rr , ~ I~ y , , s. ~ . . x F ~ ~ ~ ~ iee S 50, ~ Aw, i~ ~ 4 s i ~-k . . . . l.. Y u?:.-~..:k,] t.an..-.:ylGf Fy ..~HJ~«L.U:<~flt:nul11u111<V~il .yl :'f1~. 'l\.~`i ~ LP51Modlfied: F4.lyu5t4,2UGt3 wxrc auoi i aoiiric a+a~ i,.aon.•imot~ rT.. 17 Proposed Zaning (Tract A and a 430 sf partian of Lot A, Vail Village Seventh Filing) Rezoning from Hrgh Density Mulfiple Family (HDMF) fo Genera! Use (GU) ~ ~ - - - - - - - - ~ k I g , Ford Park ~ N =r Manor Vail (LotA) 3 Subject Praperty (430 sf portion of Lot A, (D ~ proposed to be conjoined with Tract A) =3 f- ~.w. wd = , . ~ ~ ~ _ r..: ~ ~ Tract , , . . _ , ..ya•_ , 5 N-0 Aw R- ~ >a ~e~ b m,aeoeabrre*>.ner;aiocwnarcw. u:<mMr~~a~ mynu<x~ae~rmr~mo-a:a+~. ~ LastModified: Pugus14,2008 a tiruwior.S rt- ir.wwiailzaa~a~r xIxtm~m4ncu*Axaix~en .w.reaun,.roviir,e,r,c.riI av~nmor, 1 O . 4VAILL row~vTHIS ITEM IVIAY AFFECT YOUR PROPERTY PUBUC NOTICE NOTICE _IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code; on August 11, 2008, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for,a fnal review of an amended fnal plat, pursuant to Chapter 12-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries befinreen Lot A and Tract A, Vail Village 7t' Filing, and a. - request for a final recommendation to the Vail Town Council of a ione district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to rezone .430 . square feet of Lot A, Vail Village 7t' Filing, from High Density Multiple Family (HDMF) zone district to General Use (GU) zone district, located at 595 East Vail Valley Drive, - and setting forth details in regard thereto. (PEC080038, PEC080039) Applicant: Manor Vail Lodge H.O.A., represented by Jim Adams of East West Partners . Planner: Warren Campbell A request for a final recommendation to the Vail Town Council,. pursuant to. Chaptet VI II, . Section 3, Amendment Process; Land use Plan, for the adoption of a new land use , category and amendments to the official Land Use Plan Map to allow for the designation of the "Chamonix Master Plan" area; a request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant Section 12-3-7, Amendment, Vail Town Code, to rezone Parcel A of Tract D, Vail Das Shone, Filing No.. 1, from Commercial Core III (CC3) District to Housing (H) District,..and to rezone. Parcel B of Tract D, Vail Das Shone, Filing No. 1, from Two-Family Primary/Secondary Residential (PS) District to Housing (H) District; and a request for a final recommendation to the Vail Town Council, pursuant to Chapter 12-61-11, Development Plan Required, Vail Town Code, to allow for the adoption of A development plan for the construction of a fire station and employee housing on the "Chamonix Site", located at 2399 North Frontage Road West, Parcel(s) A and B, Vail Das Shone, Tract D, Filing No. 1, and setting forth details in regard thereto. (PEC080037, PEC080040, PEC080041) Applicant: Town of Vail, represented by Stan Clauson Associates, Inc. Planner: Scot Hunn A request for a final recommendation to the Vail Town Council, pursuant to 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Chapter 12-3, Administration, and Chapter 13-1, General Provisions, to establish notification of surface development regulations, and setting forth details in regard thereto. (PEC080023) Applicant: Town of Vail Planner: Bill Gibson The applications and information about the proposals are available for public inspection - during office hours at the Town of Vail Community Development Department, 75 South Attachment C Frontage Road. The public is invited to attend project orientation and the,site visits that precede the public hearing in the Town of •Vail Community Development Depaitment. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published July 25; 2008, in the Vail Daily. , . MEMORANDUM TO: Town Council , FROM: Community Development Department DATE: September 2, 2008 SUBJECT: Ordinance No. 18, Series of 2008, for prescribed regulations amendments to Chapter 12-3, Administration, and Chapter 13-1, General Provisions, to . establish notification of.surface development regulations, and setting forth details in regard thereto. (PEC080023) Applicant: Town of Vail, Planner: Bill Gibson 1. DESCRIPTION OF THE REQUEST The applicant, Town of Vail, is requesting a second_ reading of Ordinance No. 18, Series . , of 2008, for prescribed regulations amendments fo Chapter 12-3, Administration, and. Chapter 13-1,General Provisions, to establish notification., of surf_ace development regulations, and setting forth details in regard thereto. The, ptoposed regulation _ amendment will bring the Town of Vail's zoning and subdivision regulations into conformance with Title 24, Article 65.5, Notification of Surface Development, Colorado Revised Statutes (CRS). Ordinance No. 18, Series of 2008, has been attached for review (Attachment A). II. BACKGROUND At its August 11, 2008, public hearing, the Planning and Environmental Commission unanimously forwarded a recommendation of approval of the proposed amendmenfs by a vote of 5-0-0. ' On September 19, 2008, the Town Council voted 6-0-0 to approve Ordinance No. 18, -Series of 2008, on frst reading. III. STAFF RECOMMENDATION The Community Development Department recommends the Town Council approves, on second reading, Ordinance No. 18, Series of 2008, for prescribed regulations amendments to Chapter 12-3, Administration, and Chapter 13-1, General Provisions,. to establish notifcation of surFace development regulations, and setting forth details in regard thereto. Should the Town Council choose to approve these amendments, the Community Development Department recommends the Town Council pass the following motion: aThe Town Council approves, on second reading, Ordinance No. 18, Series of 2008, for prescribed regulations amendments to Chapter 12-3, Administration, and Chapter 13-1, General Provisions, to- establish notification of surface development regulations, and setting forth details in regard thereto." 1 f' ~ Should the Town Council choose to -approve Ordinance No. 18, Series of 2008, on second reading, the Community Development Department recommends the Town Council makes the following findings: 1. That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in fhe Vail Comprehensive Plan and are compatible with the development objectives of the Town, based upon Sectian VI of fhe Staff inemorandum dated August 11, 2008, and the evidence and testimony pcesented; and, . 2. That the amendments further the general and speeifrc purposes of Zoning and Subdivision Regulations, based 'upon Section VI of the Staff memorandum dated August 11, 2008, and the evidence and testimony presented; and; 3. That the amendments promote the health, safety, morals, and general welfare. of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its nafural environment and its established character as a resort and residential . community of the highest guality, based upon Section VI of the Staff memorandum dated August 11; 2008, and the evidence and testimony ' presented." IV. ATTACHIVIENTS ' . Attachment A: Ordinance No: 18, Series of 2008 2 Attachment A ORDINANCE NO. 18 ' SERIES 2008 . AN ORDIIdANCE AMENDING CHAPTER 12-3, ADMINISTRATION, AND CHAPTER 13-1, GENERAL PROVISION, VAIL TOWN CODE, TO ESTABLISH NOTIFACTION OF SURFACE DEVELOPMENT REQUIREMENTS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Article 65.5, Notification of Surface Development, ;Colorado Revised . Statutes, establishes procedures for providing notice to owners of, rnineral-.interests conceming, impending surface development; and, WHEREAS, on August 11, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearrng and reviewed and forwarded a recommendation of approval for the proposed text amendments to the Zoning and Subdiyision Regulations to the Vail Town Council in accordance with the procedures and criteria and fndings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; 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. l'own, based upon Section VI of the Sta.ff memorandum to the Planning and Environmental Comrnissian dated August 11, 2008, and the evidence and testimony presented; and, ' WHEREAS; the. Town • Council finds and determines that -the amendments further the genetal and specffic purposes of the Zoning and Subdivision Regulations, based upon Section . VI of the Staff memorandum to the Planning and Environmental Commission dated August 11, 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 liarmonious development of the .Town in a manner that conserves and enhances its natural enVironment and its established character as a resort and residential commun'ity of the highest qual.ity; based upon Section VI of the Staff inemorandum dated August 11, 2008, and fhe evidence and testimony presented; and, , WHEREAS, the Town Council fnds 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 August 11, 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 12-3, Administration, of the Vail Town Code is hereby amended = as follows (text to be.deleted is in at&S(*e~gh, text that is to be added is in italics. Sections of text that are not amended have been omitted): . ~ 1 Ordmance No. 18. Series of 2008, mineral estate rrotifieation. seeond read'mg - I . ~ 92-3-90: Notification of Surface Development It shall be the sole responsibility of fhe applicant to provide notice of any application for development to any mineral estate owners and the Town of Vail in accordance with the . provisions of Title 24, Article 65:5, Notffication of Surface Development, Colorado Revised Statutes. lt shall a/so be the sole responsibility of fhe applicant to certify that said notice was provided to the mineral estate owner pursuant to Subsection 24- 65.5903-1, Colorado Revised Statutes: Section 2. Chapter 13-1, General Provisions, of the Vail. Town Code is hereby amended as follows (text to be deleted is in st&ethPWiqg, text that is to be added is in italics. Sections of text that are not amended have been omitted): 13-1-8: Notffication of Surface Development It shall be the sole responsibility of the subdivider to provide notice of any application for . development to any mineral estate ownets ar?d the Town of Vail in accordance with the provisions . of Title 24, Article 65.5, Notffi-cation of Surface Developmenf, Co%rado Revised Statutes. !t shall a/so be fhe sole responsibility of: the subdivider to certify that said notice was provided to the mineral estate owner pursuant to Subsection 24- 65.5903-1, Colorado Revised Statutes. Section3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision stiall 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 ot more parts, sections, subsections, sentences, elauses or phrases be declared invalid. ' Section 4. The Town Council hereby fnds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof: Section'5. 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 6. 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 19t' day of August, 2008 and a public hearing for second reading of this Ordinance set for the 2"d day of September, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. - , 2 OrcFinance No. 18, Series af 2008, mineral estate notification, semnd reading , . Richard D. Cleveland, Mayor Attest: , Lorelei Donaldson, Town Clerlc . READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of September, 2008. . Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk 3 Ordinance No. 18, Series of 2008, mirierai estate noLfication, secorid reading i , ;e ' MEMORANDUM . TO: Town Council FROM: Community Development Department 'DATE: September 2, 2008 SUBJECT: -Request to proce,ed,through the development review process with a proposal to construct . private improvements on the Town of Vail owned .Vail Road and . . Meadow Drive right-of-ways, located adjacent to the Sonnenalp Resort at 20 Vail Road. . Applicant: Sonnenalp Properties, Inc.; represented by GPSL Architects Planner: Bill Gibson 1. SUMMARY The applicant, Sonnenalp - Properties Inc., represented by GPSL Architects, is requesting permission to proceed through the development review process with an application that includes private improvements on Town of Vail owned property. As the property owner, the Town Council may approve, approve with conditions, or. deny the Applicant's request for , property owner authorization to proceed through the Town's development review process. Pursuant to Section III of this memorandum, Staff recommends approval of the applicanYs request to proceed with an application for a new sign at the comer of Vail Road and Meadow Drive; however, Staff recommends denial of the applicant's request to erect banners in the Vail Road right-of-way. II. DESCRIPTION OF REQUEST The applicant is requesting permission to proceed through the development review process with an application to install a freestanding sign for the Sonnenalp Resort at the southeast . corner of Vail Road and Meadow Drive, and to erect multiple banners adjacent to the hotel entrance located at 20 Vail Road. Both the proposed sign and banners will encroach into Town of Vail owned streefi right-of-ways. Therefore, the applicant must first obtain Town Council (i.e. property owner) approval before proceeding through the Town's development review process. A vicinity map (Attachment A) and the applicant's proposed signage plans (Attachment B)haVe been attached for reference. _ III. STAFF RECOMMENDATION ' The Sonnenalp Resort is located at the southeast corner of the intersection of Vail Road and Meadow Drive. Due to the presence of a substantial landscape planter beiween the hotel and the street at this intersection, the Sonnenalp is not readity identifable to guest traveling south on Vail Road from the main roundabout Portions of this existing landscape planter are located on both the Sonnenalp's properiy and the adjacent Town of Vail owned street right-of-ways. To minimize the disturbance to the existing vegetation and to maximize visibility of a sign, the applicant is proposing to install a freestanding building identification sign in the front portion of the existing landscape planter which is Jocated within the street right-of-way. 1 Due to the location of existing plantings,.and the physical separation of the sign from the public streets and sidewalks, Staff recommends the Town Council, approves the applicant's, request to proceed fhrough the development review proces"s wifh a design review application for this new sign. The applicant is also proposing to erect four Bavarian style banners in the Vail Road right- of-way adjacent to the hotePs west entrance. Due to the close proximity of the proposed banners to the adjacent street and sidewalks, Staff is concemed the proposed banners could ~ interfere with winter snow storage and plowing efforts.. Staff is also concemed the proposed banners could interFere with the site distances necessary for vehiGes to safely exit the hotel property. Therefore, Staff recommends the Town 'Council denies the applicant's request to proceed through the development review process with a design review application fot banners in the Vail Road right-of-way. Please be advised that should the Town Council choose to approve either of these requests, such an approval would not constitute an explicit approval of the proposed improvements. Any approval of either of these requests will only grant the Applicant property owner authorization to proceed through the Town's development review process. , IV. ATTACHMENTS . A. Vicinity Map . B. Proposed signage plans . . 2 , - Sonnenalp, Block:5E Vail Vlllage Flling 2 l ! " •y,. ,~I .A~{t' [.~~-~3 ~ ' ...Y~ti y •~a,~ ~ r fl;" A;' . . _ • ~r " ~ - ,~°'6,F ~'f%1 V ? . '-1.'"n'+..s~ '~=a~ n~'^• 3 si.~+~. •a~*-',._ f:?' "'~~,'~_:y~~. i Ji j j ..:L~~ ~P'`r `]f . ~e ~~n~ r ' :~zt `'r _;~-'W 3 ~F s}., .a`! . ' • ~ 4,s " ~ i ti.~s~.f`} . ~ ` t~d~:,'i~`'~`.. ' F 'C ~f J F ~ ~ ~ d'K._ . " ~~.~,-L ~ _ 1 •z.., z.;.' `~J~' ..~ki > '.,'~:~~j s•' r't ,a;~ ~~a. . ' ;Y~; ~~fi~; ~ : ~ 4%6 Subject Pro~PertY (D p ~ ? t•~ , D ~'or •1. ~ s.. ~E , ~ •~:a~~'.- t _ :c , z'• ~ _ :y ~j 1%, ' f. ~ `,h~ ~ f.' ~ f- • r : - H~ • ~v.• - = i mrrcAP wawwoyn.~awerunac.bna~a. uwmmmmawaeerexw+ewnamiar. ~ LestMocfitlatt Pugust2T,20W m~er~aw m.smw~a~~~~i cn'~ . i Attachment B r ~ i ~ i i I I L-- VAIL ROAD (50' ROW) . . 7 ~ ,G . ~ ' J . . . . " ~ - : • . . . ~ _ ; "t . . , . ~ j~ • . ~ ~ . . , i _ _ _ _ _ , - .--~r ~ ;{--~-~..~T-=r~°-~ - ~ • r i,.. . • . . :.r_:., ,:r-, ~ , i ~ = - - r ~ , ..~r i~ ~ - , ~ m m ~ / 1 ~ ..w/,~` _ t ~ ¢ ~ ~ . v~.:: . . e I R g ~ . : , ' @ I \1~~ . ` ) pd ? " <.4'..> ~ :j f"'ii ' 6 ~ ~1 • . r. ~ 1 Ck~~ L •:X ~ , : ~---1~ • , ' - ' • I I ~h r I ( ~~g~ s ; w • I I o N ~ § . ~ ~ ' ~9, ~•r ~;v- 'K' ' ~ YF''~.. ° ~ ~ 1 /1~ ~ ~ '~~r'•.~ cz:1 I .-r7,- • R $ ~ "tiv i o .n D Q m r ~ ~ ~ SONNENALP RESORT OF YAIL SIGNA.GE AND TRASFi SGREENING 3 ' zo vAa rraAo, wr i. MxK ae, vAuL vwase rwx rwws laelit ~ r . 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There are certainly many.other variants of this type. I will send images of some of them soon_ The angle of the lines forming. the lozenges is not prescribed. Mdreus Schmoger, 28 January 2001 I seem to recall thaf anx variation is allowed, provided that (a) no less tlian 21 lozenges or fraction thereof • aze shown and (b) the topmost hoist lozenge is white. The second image above (de-by2b.gifl appears not to follow this second rule. The picture from the Bavarian website appears to show about 421ozenges or fractions of them. The topmost hoist lozenge appears to be white but only 'touches' the comer,,rather than being 'cut' by the comer's edges. Santiago Dotor, 30 January 2001, Regarding the second unage (de-by2b.gi fl which Marcus Schmoger seems to imply is the 'most populaz' design, if does not 'start' with a wlute lozenge. Is the 'white lozenge first' rule generally ignored? Is it unknown to the general public? . . Zeljko Heimer, 31 January 2001 That is right, the reaulations of 1971 (and before of 1953) say, "tlie upper right corner of the flag cloth is reserved for a cut ivhite lozenge". However no.one really cares if there is a white or blue, whole or cut lozenge in the upper hoist comer. The `rule of 'white lozenge, first' is not only unknown to the general public , - I would even bet that more than 90% of higher officials, state secretaries and ministers do not know the rule. There is such a variety of Bavarian flags (part of which I show in this page) with vertical and horizontaL flags, with or without arms etc. This the, renowned Liberalitas Bavariae! Marcus Schmoger, 2 February 2001 Vertical lozengy flags . : . The fifth type is vertical flags, lozengy of white and blue, without arms: , e This variant used in great numbers during the Oktoberfest 2000. The center of Munich (e.g. Marienplatz) was full of these flags. Tliere were always groups of these flags together with Munich flags of the same design (lozengy of black and yellow): 3:1 qM . ' , . 1 ~ The sixth type is horizontal flags, striped white over blue, with arms. The above example shows the rater arms without supporters (unofficial middle arms). You can find these flags frequently in flagshops..It is not as popular as the lozengy flag with 'arms. . . Marcus Schmoger, 2 February 2001 . Horizontal Lozengy Flags with Coat-of-Arms Actually only state authorities of higher and nuddle rank are entitled to use the greater arms. However, in the last;years more and more people think it is appropriate to use flags showing the Bavarian lozenges and on tliem the greater amns. There are many variants of this (decidedly unofficial) flag - some of them even have the text Freistaat Bgyern under the arms, some show the arms on an oval disk, some show the arms directly on ttie lozenges. Actually state authorities obviously do not interfere in using these types.of flags. Marcus Schmoger, 14 August 2000 The seventh type is horizontal flags, lozengy of white and blue, with arms. Variants of this flag aze, the most frequendy used ones by Bavarian citizens, although they are strictly speaking illegal. One can consider this flag the de facto civil flag of Bavazia. . This is the lozengy flag with the greater arms without supporters (unofficial middle arms): _ ~ 3:5 G3 by Marcus Schmoger . This is the lozengy flag with the whole greater arms. A variant of this even shows the inscription `Freistaat Bayern beneath the: arms: 1 Vertical I,oze-ngy Flags vvith Coat-of-Arms, 14:5 OD' by Marcus Schmoger ~ w"~~m-±~~e:~''~:~•: ~ - ~ ~ ~ . , . : The tenth type is vertical flags, lozengy of white and blue, with azms. The above vaziant shows the greater arms without supporters (unofficial middle arins): For vertical lozengy flags this middle arms aie moie populaz than the greater arms, as these are much wider than high, thus either taking too much widt.h on a. . vertical flag or being displayed too tinily. Marcus Schmoger, 27 February 2001 . 1 AL , d . Marcus Schmoger, 27 February 2001 Horizontal,Striped Flags with Coat-of-Arms C._ •.m~e~~:~•.a:~•~•: { ~ 2:3'1n by Marcus Schmoger , TOWN OF VAIL. REVENUE 'HIGHLIGHTS August _31; 2008 Sales Tag When all sales tax returns aze received for the month of July, collections for the month are expected to be $1,376,448, up 8.7% from July, 2007. Year-to=date _ sales tax , collections of $13.4M are up 6.3% from 2007. For comparison, inflation as.measured by the consumer price index was up' S.6% for the month of July,. and up 4.2% for the . first half of2008.compared to prior yeaz. Use Taz Use tax collections began' as of January 1, 2008. As of August 28, collections total ' $472,853 of unbudgeted revenue. Construction Permit Fee Revenue - Construction permit revenue currently totals $13M, down 23% from this ti.me last year. However, due to conservative budgeting collected revenue currently exceeds budget by . = $328K. The decrease in activity from the prior yeaz is due to both major and.non-major . redevelopment projects. Major redevelopment projects make up 77% of the total, and conslruction peimit fee revenue Iroin those projects is down by 17% from prior year. Revenue from non-major projects is dowri 37% from this time last year. lteal estate Transfer Taz (RETT) RET"T collections through August 27, 2008, total $5.7 million. This axnount is a 39% increase from :this time last year primarily due to recent sales of major redevelopment projects. The overall real esta.te market in Eagle County is down 33% in sales dollars and. down 46% in sal'es transactions as of June, 2008. . Major redevelopment projects such as Arrabelle, Forest Place, One Willow Bridge and Vail Plaza account for 61 of year-to-date 2008 collections. Tlus is sigruficantly higher than the 24% from August 2007, and is the reason Vail's RET"T revenue is -performing ' much better than the rest of the county. _ RETT collections from property transfers not related:to major redevel'opment projects dropped by 28% year-to-date as of _August, 2008 compazed with 2007. This is more in line with the sales decrease across the county. 080831 Revenue Highlighu - 1 - MEMORANDUM Au gust 26, 2008 To: Vail Town Council Stan Zemler Pam Brandmeyer Judy Camp From: Sally Lorton Re: July Sales Tax On the reverse side please find the latest sales tax worksheet. I estimate I'll collect another $67,000.00 in July sales tax to bring July collections to $1,376,448.00. If so, we will be up 8.7% or $110,667.00 from July 2007 and up 5.9% or $77,305.00 from budget. ~ . Town of Vail • Sales Tax Worksheet ' aizsnooR . • s a,wvw x cn.,,,, Month r~~. aase rase sooo zoor . wos soos •zaa. ` . , a°°a ~4w+ ~s-_ - ~s mos tooY ewy.r CoBwdonr vat.ae., 2007 . L ' . . ~ , . . ~o ..ur.- i J&`m 2'062,688 2,116,369 2,088,468 2.034,528 2;210,647 2,073,481 "1,897 081 2,226,841 2,275,987 2;697,985 2,783;308 2,867,079 2,971,889 i 114,810 8.7896 4.02% Febtu 2.089.873 2.153.121 2.011:488 2,223.870 2.388.321 2.281,833 2.111,183 2,382.826 2;429.377' 2.627.130 2.718;843 2:780.702 3;088;481 276.779 12J896 8.88% M AptH wch 2;680.992 2,388,077 2,416,202 2,646,673 2,588,871 2,889,884 2,372,942 2,344,178 2:786,101 2,852,864 2,886,448 3;166,808 3,322,086 168,457' 11:24% 4.9496 874,427 1,107,334 962,843 928,771 1,043;431 870,876 87.1,488 892,167 816;664 1280,324 1,330,740. 1,288;005 1,087;726 1180,280) -17.51% -13.29% Ma 329,783 382,718 370,884 388,121 448,234 414,248 428,919 411,535 468,770 449,283 646;874. 680,317 823;498 83,181 14.22% 1,1.28% ~une 630,388 833,400 892,811 721,774 751,438 857,707 742,756 732,113 834,913 - 806,382 953,017 978;281 917,982 i80.2981 -3.8896 -8.1696 rc, f+ Ju 1,043,837 1,107,882 1,130,883 7,236,470 1,167,667 1,044,868 1,076;632 1,128,614 1,186,183 1,266;243 1,265.781, 1,298;143 1,309,448 10,306- 1 .45% 03996 ~ Total 9:801,447 9;887;881_ 9,860;648 10,076,90B '10,648,71010.042,774 8,689,870' 70,197,223 _ 10,886,886 11',788,281 _ q2;683,807 12,917,176 13,308,088 381,863 6.7896 r. 3.0396 A ust 7,073,430 1,183,928 i;Ob0,004. 1,038;618 1,124,276 . 1,084;318 1,029,448 994;445 993,986 1,066,814 1,182;748 7,183,373 SePtember 837,831 736,808 808,600 _ 817,313 747,788 713 674 879,208 767,033 796,807 832,649 908;318 932,237 ? 472,838. 516,631 638,204 547,201 488,570 484,426 508,082 632,637 688,473 " 814;398 ' 888,619 704;761 November 707,188 858.688 682.280 _ 691,445 671;783 642.283 691,289 823.848 713.117 799,682 747.877 790.281 • Decembe? 2.254,708 2,070,834 1;883;806 2,082,205 1,933;840 2,139,417 2,171,098 2,382,096 2,649;032. 2;771,268 2;821871' 2,882283 ~ . Ap Total 14,747,418 15,030,388 14,609,421 16,232,588 16,411,044 ib,108,801.14,578,983 16;488;979 . 18,483,978- 17,841;880 . 78,913,138 ' 19,400,000 r i / _ ALDRICH LAW FIRM, LLC.. . Frederick G. Aldrich Attomey at Law . 601A 28'/. Road ' Grand Jdnction; Colorado 81506 (970)245=7950. ` (970)245-0664 (J'az) . (866)355-7950 (toll free) = .Ialdrich crvldrich-law. com - ' . August 21; 2008 George Ruther, Chief of Planning..; Town of Vail Community Development . 75 South Fronta.ge Road Vail, Colorado 81657 1Vlatthew J. Mire Vail Town Attorney , 75 South Frontage Road . Vail, Colorado 81657 ' Dick Cleveland, Mayor . . Town of Vail , 75 South Frontage Road ' • Vail, Colorado 81657 Re: Special Development District 6- Vail Plaza Hotel Gentlemen: This letter is written ori behalf of the Village Inn Plaza-Phase V Condominium Association (Association). The Village Inn P1aza.Phase V Con d o m i n iums are si t u ate d sou t h of the Vail Plaza Hotel. The Vail Plaza. Hotel and tlie Phase V Condominiums.are situated within.the Town of Vail's Special Development District No. 6(SDD 6). As you know; the Town of Vail has adopted an ordinance amending the, development plan for SDD 6, allowing for the demolition of the Vail Village Inn hotel and the construction of the Vail Plaza Hotel. The Vail Plaza Hotel was mostly completed by December 2007. There is now a pedestrian walkway between the Vail. Plaza Hotel buil'ding and the Phase V building situated on the Phase V common elements. This pedestrian walkway is open for use by the public as well, as the owners, occupants- and patrons within SDD 6. Just north of the northeast comer of the Phase V building is a decorative tower on the Hotel's building. During the last winter (2007-2008), snow accumulated . on the fower`roof and then sloughed, offand fell onto the pedestrian walkway situated on the Phase V J ~J George Ruther Matthew J. Mire Dick Cleveland August 21, 2008 Page 2 common elements. Eyewitnesses were alarmed at the quantity and force of the falling snow. If the snow had struck a pedestrian, serious bodily injury or death could have resulted. The Association has discussed this issue with the Vail Plaza Hotel manager and requested that the Hotel propose and implement a solution that will protect pedestrians from the danger of being struck by falling snow. Although the Hotel has promised to explore a solution with its architect, so far we ha.ve heard no response. With winter three months away, the Association is concerned that this public safety hazard be addressed and eliminated as soon as possible. The Association requests that Town of Vail officials review the development permit given to the Vail Plaza Hotel and applica.ble Town of Vail ordinances and require the Hotel to eliminate the hazazd created by the tower next to the walkway. We request that this issue be addressed immediately so tha.t a solution will be reached before winter arrives. The Association is willing to meet and cooperate with the Town of Vail in this effort. Please either contact the undersigned or Joe Staufer (476-5450) if you have any questions or would like assistance. Please be advised that the Association is sufficiently concemed with this hazard so that if something is not done to address the situation by the time winter arrives, then the Association will take steps to prevent pedestrian use of this walkway until the safety concerns aze resolved. Thank you for your attention to this letter. Very truly yours, ALDRICH LA W FIRM, LLC 4 : Ef 'I/I rederick G. Aldrich FGA:kad cc: Josef Staufer Monika Oberlohr Chris Anderson