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HomeMy WebLinkAbout2008-11-04 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, NOVEMBER 4, 2008 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen -Input. (10 miri.) 2. ITEM/TOPIC: Consent Agenda. (5 min.) a. Approval of 10.07.08 and 10.21.08 Vail Town Council Minutes. 3. Stan Zemler ITEM/TOPIC: Town Manager's Report. (10 min.) a. Revenue Update. b. Conference Center Funds. 4. Pam Brandmeyer ITEM/TOPIC: Building & Fire Code Appeals Board (B&FCAB) vacancy appointments. (5 min.) .. ACTION REQUESTED OF COUNCIL: 1) Appoint three applicants to the B&FCAB (one regular member and 2 alternates) for a term from November 8, 2008 through March 31, 2012. BACKGROUND RATIONALE: There are currently three vacancies on the B&FCAB. It is requested that the Town Council interview each applicant at the work session and then appoint one regular member to the B&FCAB and' two alternates to the B&FCAB at the evening meeting. The applicants are as follows: Lynn Fritzlen Rollie Kjesbo Kyle Webb , I have attached possible questions to ask the applicants at the work session. RECOMMENDATION: Appoint a total of three members to the BBFCAB for terms running from November 8, 2008 through March 31, 2012 5. Tom Kassmel ITEM/TOPIC: First reading of Ordinance No. 24, Series 2008. An Ordinance Approving A Holy Cross Energy Utility Easement within the Town of Vail Open Space between Matterhorn Circle and Upper Matterhorn Circle. (10 min.) ACTION. REQUESTED. OF COUNCIL: Approve, approve with amendments, or deny Ordinance No. 24, Series of 2008. BACKGROUND RATIONALE: An existing overhead electric line used to cross the middle bench open space without an easement. This year Holy Cross Energy lowered this stretch of overhead line at the request and cost of a private homeowner. Neither the existing not - the current electric lines have had a dedicated easement. Holy Cross and Town staff would like to have an easement granted to accommodate the new buried line. STAFF RECOMMENDATION: Approve Ordinance No. 24, Series of 2008. 6. Kathleen Halloran ITEM/TOPIC: First reading of the 2009 Budget Ordinance No. 25, Series 2008. (30 min.) ACTION REQUESTED OF COUNCIL: Discuss the first reading of the 2009 Budget Ordinance No. 25, .Series 2008, in preparation for approval during the evening session. BACKGROUND RATIONALE: To be provided in separate memo STAFF RECOMMENDATION: Staff recommends that the Town Council approves Ordinance No. 25, Series of 2008, upon first reading this evening. 7. Warren Campbell ITEM/TOPIC: First reading of Ordinance No. 26, Series of 2008, an ordinance rezoning a Town owned property, pursuant to Section '12-3-7, Amendment, Vail Town Code, to allow for the rezoning of Parcel A, a re-subdivision of Tract D, Vail Das Schone, from Commercial Core 3(CC3) District to General Use (GU) District, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 26, Series of 2008, on first reading. BACKGROUND RATIONALE: On October 27, 2008, the Planning and Environmental Commission voted 7=0-0 to forward a recommendation of approval for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, and setting forth details in regard thereto. STAFF. RECOMMENDATION: Staff recommends the Town Council approves Ordinance No. 26, Series of 2008, on first reading. 8. Warren Campbell ITEM/TOPIC: First reading of Ordinance No. 27, Series of 2008, an ordinance . rezoning a Town . owned property, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of Parcel B,_ a re-subdivision- of Tract D, Vail Das Schone, from Two Family Primary/Secondary(P/S) . District to Housing (H) District, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve" with modifications, or deny Ordinance No. 27, Series of 2008, on first reading. BACKGROUND RATIONALE:' On October 27, 2008,, the Planning and Environmental Commission voted ,6-1-0 (Proper opposed) to forward a recommendation of approval for a zone district boundary amendment, pursuant " to Section 12-3-7, Amendment, Vail Town Code, and setting forth details in regard thereto. STAFF RECOMMENDATION: Staff recommends the Town Council approves Ordinance No. 27, Series of 2008, on first reading. " 9. Nicole Peterson ITEM/TOPIC: Second reading of Ordinance No. 22, Series of 2008; repealing and re-enacting Ordinance No. 6, Series of 2005, Vail Village Inn, amending and re-establishing the approved development, plan for Phase III of Special Development District. No. 6, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code; to allow for the conversion of an existing office and retail space to residential for an addition. to an existing dwelling unit, located at 68 Meadow. Drive/Lot O, Block 5D, Vail Village Filing 1; and setting forth details in regard thereto: (15 min.) ACTION , REQUESTED OF COUNCIL-: Approve, approve with modifications, or deny Ordinance No. 22, Series of 2008, on second reading. BACKGROUND RATIONALE:.. On October 21, 2008, Town Council voted 5-2-0 to approve, with conditions, Ordinance No. 22, Series of 2008, on first reading. On October 13, 2008, the Planning and Environmental Commission voted 2-1=1 (Kurz opposed, Pierce recused) to forward a recommendation of approval to the Town Council for the proposed amendments for SDD No. 6, Vail Village Inn, Phase III. STAFF RECOMMENDATION: Staff recommends the Town Council denies Ordinance No. 22, Series of 2008, on second reading. , 10. Bill Gibson ITEMITOPIC: Second reading of Ordinance No. 21, Series of 2008, for prescribed regulations amendments, to Section 14-10-7, Outdoor Lighting, Vail Town Code, to allow for amendments to the outdoor lighting standards, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Table the second reading of Ordinance No. 21, Series of 2008, to the Council's November 18, 2008, public hearing. BACKGROUND RATIONALE: On October 7, 2008, the Town Council voted to approve, with conditions, Ordinance No. 21, Series of 2008, on first reading. Since the Council's October 7t' hearing, Staff has discovered a 1991 District Court decision related to the Town's previous outdoor lighting regulations. _ The Staff has reviewed that court decision and is revising the proposed Ordinance No. 21, Series of 2008, -to address the issues ensure compliance with that decision. STAFF RECOMMENDATION: Staff recommends that the Town Council tables the second reading of Ordinance No. 21, Series of 2008, to the Council's November 18, 2008, public hearing; to allow Staff an opportunity to revise the proposed ordinance to address a recently discovered court decision related the Town's previous outdoor lighting standards. 11. George Ruther ITEMITOPIC: Second reading of Ordinance No. 23, Series of 2008, an ordinance amending Chapter 12-22, View Corridors, Vail Town Code, pursuant - to Section 12-22-4, Adoption of View Corridors and Section 12-22-5, Amendments, Vail Town Code, to adopt two new view -corridors and. amend one existing view corridor in LionsHead, and setting forth details in regard thereto. (5 min.) STAFF RECOMMENDATION: Table Ordinance No. 23, Series of 2008 until November 18, 2008. 12. ITEMITOPIC: Adjournment. (7:45 p.m.) (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION l - WILL BEGIN AT`TBD; TUESDAY, NOVEMBER 18, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. Vail Town Council Meeting Minutes Tuesday, Oct6ber.7, 2008 6:00 P.M. Vail Town Council Chambers The regular meeting of. the Vail Town Council wascalled to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Mark Gordon Farrow Hitt Kevin Foley Kim Newbury Margaret Rogers Andy Daly i Staff Members: Stan Zemler, Town Manager Matt Mire, Town.Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Input. Local restaurateur Brian Nolan complimented the Commission on Special Events (CSE) for its good work and Council for its funding of the CSE. Kaye Ferry questioned why a second Request for Proposals for the redevelopment of Timber Ridge had not been .issued. The second item on the agenda.was a Community Planning Month Proclamation. Newbury read. into the record a Community Planning Month Proclamation. Newbury moved to approve the proclamation with Rogers seconding.. The motion passed unanimously, 7-0. The third item on the agenda was the Town Manager's Report.. ? Revenue Update. Budget and Financial Reporting Manager Kathleen Halloran reported that when all sales tax returns are received for the month- of August, collections for the month are expected to be $1,318,843, up 13.4% from August, -2007. Year-to-date sales tax collections of $14.7 million are up 6.8% from 2007. For comparison, inflation as measured by the consumer price index was up 5.4% for the month of September, and up 4.2% for the first half of 2008 compared to prior year.. Use tax collections began as of January 1, 2008. As of September 30, collections total $539,950 of unbudgeted revenue. Construction permit revenue currently totals $1.9 million; down 15% from this time last year. However, due to conservative budgeting collected revenue currently exceeds budget by $607,000. The decrease in activity from the prior year is due to both major and non- major redevelopment projects. Major redevelopment projects make up 76% of the total, and construction permit fee revenue from those projects is up by 12% from prior year. Revenue from non-major projects is down 24% from this time last year. RETT collections through September 30, 2008, total $5.9 million. This amount is a 33% 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 27% in sales dollars and down 43% in sales transactions as of July, 2008. Major redevelopment projects such as Arrabelle at Vail Square, Forest Place., One Willow Bridge and Vail Plaza account for 61% of year-to-date 2008 collections. This is significantly higher than the 25% from September 2007, and is the reason Vail's'RETT revenue is performing much better than the rest of the county. RETT collections from property transfers not related to major redevelopment projects dropped by 31 % year-to-date as of September, 2008 compared with 2007. This is more in line with the sales decrease across the county. - ? 2008 Bond Issue Update. Finance Director Judy Camp reported the town's credit rating for bond issuance has been upgraded. "1 think this is something we can all be proud of." While discussing the current municipal bond market Camp commented, "There have been no municipal bonds sold in the State of Colorado in the last three weeks ... There is simply no market for them." ? Timber Ridge Bonds Update. Camp reported the recent credit market turmoil is having an impact on the resale of those funds. ? Update on Collection of Use Tax. Town Attorney Matt Mire clarified why the town-collected construction use tax revenues were collected at the beginning of a construction project. Mire, explained it was a matter of state law. Daly expressed concern collection of the tax at the beginning of the project was not prudent to builders/developers. ? Chamonix Property Planning Update. Community Development Director George Ruther explained Economic and Planning Services Inc. had been hired to provide more precise cost estimates. Gordon asked if several different mixes of unit types would be contemplated in the scenarios. Ruther clarified that would happen. Hitt then asked about the status of the LionsHead kiosk. Ruther explained Vail Resorts intended to operate the kiosk as a newsstand and information center during the upcoming ski and summer season. If Vail Resorts chooses not to operate, the facility the town could take-over operations or the kiosk could be removed. "We are doing what was originally expected or contemplated by the town and Vail Resorts ...We have greater 2 assurances that it will be operated or removed than'we have in the past." Zemler said, "They will fund us if they fail to operate it." The fourth item on the agenda was the Consent Agenda. Approval of 9.02.08 and 9.16..08 Minutes Gordon moved to approve the minutes without amendment with Rogers seconding. The motion passed unanimously, 7-0. The fifth item on the agenda was an Appointment to the Eagle County Open Space Advisory Council (OSAC). Following, the resignation of Greg Moffet to the OSAC in March 2008 as he was appointed to the Eagle County Planning Commission, staff has filled an interim position on OSAC. Staff requested Council recommend either a Councilmember or full time staff member to represent the Town of Vail on the OSAC.. Daly moved to appoint Cleveland as the town's representative with Newbury seconding. The motion passed unanimously, 7-0. The sixth item on the agenda was an Art in Public Places (AIPP) Board Appointment. Council was asked to appoint one applicant to the AIPP to complete the term which ends March 31, 2011. The Board is made up of members who have demonstrated expertise in architecture, art criticism, art education, art history, fine arts, graphic arts, interior design, landscape architecture, town planning/community. development or other art/design related backgrounds not, specifically mentioned, or who have demonstrated a strong interest in the visual arts and/or civic improvement. Board members shall meet one of the following requirements for at least one year:, a. A resident of the Town of Vail and/or b. Owner of property within the Town of Vail Duties and functions of the Art in Public Places Board include: a. Implementation of the AIPP policies and selection procedures. This specifically includes deciding the appropriate selection process for public art projects, appointing selection panels for specific projects, and approving the final selection of artist or artists for a project. b. Acquiring public art by purchase, donation or other means for Vail's permanent Art in Public Places collection. C. Overseeing the maintenance and preservation of art works displayed in public areas. d. Assisting the Art in Public Places coordinator in obtaining grants and donations to fund.public art projects. e. 'Promoting public art through ' a public education program that will further community appreciation and understanding of the visual arts. f. Publicizing Art in Public Places projects and recognizing the artist(s) involved with the project.. g. Evaluating the Art in Public Places program and commitment of board members annually and setting program goals on a five year basis. Earlier Council in-the day Council interviewed one applicant for the appointment. Newbury moved to approve Scott DeWitt with Rogers seconding. The motion passed unanimously, 7-0. The seventh item on the agenda was a Regional Air Service Update. Air Planners representative Kent Myers provided Council with an update on the "Fly Vail" summer and fall flight programs. He then explained that the Eagle. County Regional Airport's (EGE) altitude restricted the distance of flights leaving the airport. Myers emphasized American. Airlines and United are "big partners with Vail." He then reported fall air traffic for 2008 is tracking 35% behind last year. Myers also discussed funding requirements (guarantees) entailed with maintaining air service to Minneapolis (Northwest Airlines) during the 2008-09 ski season. The eighth item on the agenda was an appeal, pursuant to Section 1273-3, Appeals, Vail, Town Code, of the Town of Vail Planning and Environmental Commission's approval of a request for a final review of an -amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the extension of a conditional use permit to allow a temporary business office, located at 450 East LionsHead Circle (Treetops Building). Due to a predetermined conflict of interest (Vail Resorts affiliation) Gordon recused himself from the item-and left the Council Chambers. Planner Bill Gibson explained that on August 25, 2008, the PEC approved, with conditions, an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the extension of a conditional use permit to allow a temporary business office, located at 4.50 East LionsHead Circle (Treetops Building)/Lot 6, Vail LionsHead Filing 1, and setting forth details in regard thereto, by a vote' of 5-0-1 (Pierce recused). The Vail Town Council "called-up" this PEC's action at its. September 2, 2008, public hearing by a vote of 5-0-2 (Cleveland and Gordon opposed). Please see the following item for a review of the discussion regarding this item. The ninth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval of a request for a final review of an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the extension of a conditional use permit to allow for a temporary business office located at 616 West LionsHead Circle (Concert Hall Plaza Building). Due to a predetermined conflict of interest (Vail Resorts affiliation) Gordon recused himself from the item and left the Council Chambers. On August 25, 2008, the PEC approved, with conditions, an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the extension of a conditional use permit to allow for a temporary business office located at 616 West LionsHead Circle (Concert Hall Plaza Building)/Lot 1, Vail LionsHead Filing, 4, by a vote of 5-0-1 (Pierce recused). Council "called-up" this PEC's action at its September 2, 2008, public hearing by a vote of 5-0-2 (Cleveland and Gordon opposed). Hitt clarified first floor locations have traditionally only allowed for retail space (as opposed to an office use). Vail Mountain Chief Operating Officer Chris Jamot introduced the Vail Mountain management team. Jamot said Vail Resorts has 61 employees 4 working in the two office spaces. Jarnot said future office space is expected to be located in the proposed Ever Vail development to be located in the West LionsHead area. Daly said he believed the uncertainty of the Ever Vail construction timing made it an unacceptable option for future office space and encouraged Vail Resorts to include office space in its proposed North Day Lot employee housing development, Jamot said if they were not able to remain in their current location Vail Resorts would, "break up and move farther and farther away..:We are subject to your direction at this point." Daly asked why the North Day lot was no longer on a list of alternatives. Jamot responded, "Ever Vail is a more appropriate place for office space... we are building office space there anyway so we might as well build some for ourselves... For us long-term that seems. to be the best plan." Hitt clarified Vail Resorts had no immediate plans for other potential office space locations. Rogers moved to uphold, the two decisions of the PEC with Daly seconding. "If .it's not broken don't try to fix- it." LionsHead Merchant Association representative Keith Odza spoke in support of keeping the Vail Resorts employees in Vail. "It's important to keep everything in that regard here." Former Vail Mayor Bob Armour clarified the PEC's recommendation would be reviewed in May 2009. "I appreciate that the vitality in that area is improving." Local restaurateur Bryan Nolan spoke in support of the .motion. Kaye Ferry said that in the past retailers had been interested in the discussed locations. "If you don't like this ordinance, change it... or it should be applied fairly across the board ...Vail Resorts has had an advantage that nobody else has." Vail Chamber and Business Association Representative Michael Norton said his constituents wanted Vail Resorts to remain in their present location. Hitt clarified Vail Resorts had occupied the space for three years and said he believed the Concert Hall Plaza area would be seeing.more pedestrian traffic due to redevelopment (potentially increasing the viability of retail business). "My :concern is that we have a temporary- conditional use that doesn't have an end to _ it... We need to define temporary ...I think our problem lies with that ordinance ... We need to come to a definitive cut-off, for temporary uses." Daly stressed the importance of ski operations and the necessity for them to be close to Vail Mountain. He also said personnel fragmentation jeopardizes the ability to provide quality services. Newbury commented,, "These unlimited renewals are creating a de facto permanent office space." She then said a definition of temporary in regard to a conditional use needed to be reviewed. "It does not meet the goals and objectives of the town to have office space on the first floor." Cleveland noted, "I am deeply troubled by the complete lack of long-term planning on-, the part of Vail Resorts." He then said it would not be unreasonable to ask Vail Resorts for the sales tax lost due to the location's use as office space. The two motions passed 5-1-1, with Foley opposed. The tenth item on the agenda was a request for review of an encroachment agreement for constructed improvements on .Town owned property associated with the Manor Vail Lodge redevelopment. As a result of performing a survey to createa condominium plat for Manor Vail Lodge new dwelling units, it was discovered that. several deckstwalkways on the rear of Building C encroach on to Town property. On June 21, 2005, Council unanimously adopted Ordinance No. 14, Series of 2005, an ordinance repealing and reenacting Ordinance -No. 24, Series of. 2004, establishing Special Development District (SDD) No. 38, Manor Vail Lodge. The purpose of Ordinance No. 24, Series of 2004, was to adopt the development plan for the redevelopment of the Manor Vail Lodge which included, new dwelling units, a subterranean parking structure, new facades, and public improvements which were to serve as public benefits for the deviations from the High Density Multiple Family zone district. The Community Development Department recommended Council instruct staff to create and record an encroachment agreement for constructed improvements on Town property -associated with the Manor Vail Lodge redevelopment . in a form satisfactory to the Town Attorney. Rogers asked what the Manor Vail redevelopment had provided in terms of public benefit. East West Partners representative Jim Adams explained the scenario creating the encroachment. Gordon asked Mire what the town's remedies were for the encroachments. Mire said he would have to research the matter to ,provide a comprehensive answer. Zehren and Associates representative Brian Sipes explained the architectural reason the project - encroached on town property. "We wanted the project all along to be a good fit." Hitt moved to direct the Town Attorney to' enter an encroachment agreement with the East West Partners with Foley seconding. Hitt then clarified that a lot of time and effort went into the initial review of the project and emphasized that the land transfer remained in the town's best interest. He also emphasized the encroachment was no fault of the developer. Rogers commented, "I can't just see myself giving away town property for nothing ...I think there. are some things you can do to show good faith." She then recommended the developer volunteer to renovate a structure referred to as the "art shack" in Ford Park. Gordon agreed-the art . shack renovation would serve as a fare settlement. Newbury stated, "I feel that if we are trying to get something out of this we are being punitive." Daly said the town can not tolerate poor surveys and encroachments onto town owned land. The motion passed 4- 3, with Rogers, Gordon and Daly opposed. The eleventh item on the agenda was the First reading of Ordinance No. 16, Series of 2008, an ordinance requesting a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a 430 square foot parcel of land from High Density Multiple-Family (HDMF) District to General Use (GU) District. On August 11, 2008, the PEC voted 5-0-0 to forward a recommendation of approval for a zone district boundaryamendment, pursuant to Section 12-3-7, Amendment, Vail Town Code. Daly moved to approve the ordinance with Hitt seconding. The motion passed unanimously, 7-0. The twelfth item on the agenda was the First reading of Ordinance No. 21, Series of 2008, for prescribed regulations amendments to Section 14-10-7, Outdoor Lighting, Vail Town Code, to allow for amendments to the outdoor lighting standards. Planner Bill Gibson reported the purpose of the proposed amendments is to clarify the Town's outdoor lighting standards and to simplify the implementation and enforcement of the Town Code. The proposed amendments were also intended to update the outdoor lighting standards to better achieve "green" (i.e. environmentally sensitive and energy efficient lighting fixtures and techniques) and "dark sky" (i.e. minimizing light pollution) policies. In its August 19, 2008, public hearing, Council held a work session to discuss the proposed amendments. At the time Council was generally supportive of the "green" and "dark sky" policies incorporated in the proposed amendments. On August 25, 2008, the PEC voted 6-0-0 to forward a recommendation of approval to Council for the proposed amendments. Daly clarified currently existing lighting fixtures would be grandfathered into compliance. Daly then moved to approve the ordinance with Newbury seconding. During a pause for public comment, Gwen Scalpello spoke against construction sites being exempt from construction sites. "Lighting guidelines in this ordinance should apply to construction sites." Council agreed to address construction 6 r lighting. Gordon said it was nice to be moving in the direction of a green building code. The motion passed unanimously, 7-0. The thirteenth item.on the agenda was the second reading of Ordinance No. 19, Series of 2008, An Ordinance making supplemental appropriations to the Town of Vail General Fund,-Capital Projects Fund, Real Estate Transfer Tax Fund, Heavy Equipment Fund, Dispatch Services Fund and Debt Service Fund of the 2008 Budget for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein. Budget,and Financial Reporting Manager Kathleen Halloran introduced the item. She explained budgeted revenues would be increased by $3.9 million and budgeted expenditures would increase by $2.2 million. Foley inquired about the exclusion of a proposed green house. Public Works Director Greg Hall said the project was under review for potential value engineering. Hitt said he appreciated the project being revisited. Foley moved to approve the ordinance with Hitt seconding. The motion passed unanimously, 7-0. The fourteenth item on the agenda was Resolution No. 21, Series 2008, A Resolution Approving the Purchase of Property in the Town of Vail Legally Described as Gore Range Condominium Unit #3-W, Eagle County, Colorado with 'a Physical Address of 2189 Chamonix Lane, Vail Colorado. The Town of Vail enacted employee housing requirements for new development. Fee-in- lieu is one, of four methods available to mitigate the requirement. To date, the town has collected $417,000 in employee housing fee-in-lieu. Fee-in-lieu dollars are'to be spent establishing new employee housing units within the Town of Vail. The town will be using these funds to purchase Gore Range Condominiums #3-W. The Council considers it in the interest of the public health, safety and welfare to purchase property legally described as Gore Range Condominium Unit #3-W, Eagle County, Colorado with a physical address of 2189 Chamonix Lane, Vail Colorado (the "Property") for the amount of $309,000.00. Please see below for the approving motion and vote. The fifteenth item on the agenda was Resolution No. 22, Series 2008, A Resolution Approving the Purchase of Property in the Town of Vail Legally Described as Gore Range Condominium Unit #2-E, Eagle County, Colorado with a Physical Address of 2189 Chamonix Lane, Vail Colorado. The Town of Vail enacted employee housing requirements for new development. Fee- in-lieu is one of four methods available to mitigate the requirement. To date, the town has collected, $417,000 in employee housing fee-in-lieu. Fee-in-lieu dollars are to be spent establishing new employee housing units within the Town of Vail. The town will be using these funds to purchase Gore Range Condominiums #3-W. The Council considers it in the interest of the public health, safety and welfare to purchase property legally described as Gore Range Condominium Unit #2=E, Eagle County, Colorado with "a physical address of 2189 Chamonix Lane, Vail Colorado (the "Property") for the amount of $290,000.00. Rogers moved to approve Resolutions No. 21 and No. 22, Series of 2008 with Newbury seconding. The motion -passed unanimously, 7-0. Daly clarified appraisals of the properties had been carved out. The sixteenth item on the agenda was Adjournment. Newbury moved to adjourn with Foley seconding with the Council voting 7-0 to end the, meeting. ATTEST: Lorelei Donaldson, Town Clerk Dick Cleveland, Mayor 8 ?r Vail Town Council Meeting Minutes Tuesday, October 21, 2008 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail - Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Mark Gordon Farrow Hitt Kevin Foley Kim Newbury Margaret Rogers Andy Daly Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer; Assistant Town Manager The first item on the agenda was Citizen Input. Dick Neal encouraged the Town of Vail to revisit various parking opportunities in Mintum that had been ekplored previously. He also spoke in support of angled parking on the Frontage Roads. Vail Mountaineer Publisher Jim Pavolich spoke in support. of adding more exterior modular news racks throughout Vail Village and LionsHead, as well as creating a priority for access by local daily newspapersover other commercial publications. The second item on the agenda was an Eagle Sustainable Communities 2010 update. Eagle County Commissioner Am Menconi informed the audience and Council that the Eagle County Commissioners and staff have begun a comprehensive . initiative called Sustainable Communities 2010. This effort is intended to provide local decision makers quantifiable "quality of life" data and information, along with suggested tools, in order to assist in decision making when developing public policy toward sustainable communities throughout Eagle County. The program is meant to support the,County's organizational mission statement, which is "To be the model of excellence for mountain communities by 2010." The purpose of Sustainable Communities 2010 is to first quantify residents' needs and levels of service, then recommend solutions to ensure impacts associated with growth are mitigated and adequate services provided to meet the demands of the population. Sustainable Communities 2010 comprehensively considers the economic, social and environmental challenges that arise from growth. Menconi and fellow Commissioner Peter Runyon both emphasized the most important aspect of the initiative is the sharing of this information with towns and other community leaders, through . ongoing communication and collaboration. Eagle County Community Development Director Keith Montag provided an overview of the analysis that had been performed. Runyon said emphasis needed to be placed on downvalley park and rides (in order to expand or enhance public transportation). Menconi clarified park and ride locations had been identified although they lacked funding. Gordon thanked the commissioners for the work they were doing. During a pause for public comment, Dr. Tom Steinberg of Vail said he was disappointed only two doctors in the county accepted Medicaid for children. The third item on the agenda was the Town Manager's Report. ? Fire Station RFP. Town Manager Stan Zemler said funds were budgeted in 2008 to pursue the design of a West Vail Fire Station. Council directed Zemler to continue the fire station design process. ? Americans with Disabilities Act (ADA) Compliance Update. Town Attorney Matt Mire said the town had achieved compliance with the town's federal ADA compliance requirements. The fourth item on the agenda was the Vail Environmental Sustainability Plan. Town Environmental Officer Bill Carlson stated at the January 22, 2008, Town Council retreat, Council identified the completion and adoption of an Environmental Sustainability Plan by fall, 2008, as a critical action toward advancing environmental sustainability, one of three top town priorities identified along with housing and transportation. Staff drafted initial policy statements, goals, ` and next steps based upon the environmental goals identified in the 2007 Vail 20/20 Community Plan. Carlson reported the following had been developed as a policy statement: "The Town of Vail shall serve as a nationally recognized leader in sustainability through a commitment to community partnerships and balanced stewardship of human, financial and environmental resources in policy and daily operations." Environmental Sustainability Coordinator Kristen Bertuglia then outlined the proposed sustainability goals: Goal #1: Solid Waste Stream Reduction and Recycling: Reduce the amount of TOV landfill contributions by ten percent within five years, and 25% within ten years. Goal #2: Energy Efficiency and Green Building: Reduce the TOV municipal and community energy use by 20% below 2006 levels by 2020. Continue to ensure- that 100% of TOV electricity use is either derived from, or offset by renewable power. Goal #3: Ecosystem health: Ensure that the natural environment, specifically air and . water quality, water quantity, land use and habitat are maintained to current or improved levels of biological health. Goal #4: Sustainable Economic and Social Development: Lead programmatic efforts to promote sustainable - and profitable business practices within TOV and the Vail community. Implement TOV employee sustainability programs to maintain high quality of life standard. Goal #5:. Public Education and Communication: Increase public education and awareness, communication and environmental stewardship in the TOV. Goal #6: Transportation: Reduce the environmental impact of transportation by supporting efforts within the Eagle Valley to decrease total Vehicle Miles Traveled (VMT). by commuters and guests.by 20% by 2020. Council agreed with the policy statement and goals. For more information, contact Bill Carlson at 479-2333. The fifth item on the agenda was a Presentation to the Vail Town Council on the current status of the Ever Vail redevelopment, which will include the application submittals, the process, and roles and responsibilities of the Town moving forward. Community Development Director George Ruther explained that the redevelopment of the area known as Ever Vail is an,intricate project with many applications and steps within the development review process.. Furthermore it will include the roles and. responsibilities of the Town Council, PEC, and DRB. "We could potentially be expecting an application for the project as soon as October 27... We, would really like to be clear about our expectations." The following development application will be required: ? Colorado . Department of Transportation/Federal Highway Administration Road Relocation ? Subdivision/Land Division/Dedication ? Master Plan/Zoning Code Amendments ? Rezoning ? Major Exterior Alteration/Conditional Use Permits ? Design Review Daly asked for a comprehensive evaluation of the total project, "I want to go in with everyone understanding pretty well in terms of what the expectations are." Ruther said, "Someone asked me how long .will this take.:. I answered I am not sure... I believe the Front Door project took about a year to reach final approval,"- Zemler thanked Ruther and his staff for. providing a comprehensive overview of what would be required for project approval The sixth item on -the agenda was an update on 1-70 noise issues including noise reading results of 1-70 noise in a before and after comparison of the 1-70 overlay project Public Works Director Greg Hall said 1-70 noise mitigation has been a priority of numerous Town Councils. Various studies have been performed in determining the best strategies on mitigating noise in Vail. In 2005 the council adopted a. multi-prong approach to mitigating noise. The four major components were: ? Enforcement ? Education ? Engineering ? Legislation Hankard Environmental representative Jeff Cerjan said the new pavement on 1-70 had reduced sound between two and three decibels.."The big question will be will it last longer than a year or two...That's the,big question." Police Chief Dwight Henninger said around 2,000 traffic citations have been issued since the introduction of the -noise mitigation program in 2004 (speed reduction helps to eliminate road noise). The seventh item on the agenda was the First reading of Ordinance No. 22, Series of 2008, repealing and re-enacting Ordinance No. 6, Series of _2005, Vail Village Inn, amending and re-establishing the approved development plan for Phase III of Special Development District (SDD) No. 6, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of an existing office and retail space to residential for an addition to an existing dwelling unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail Village Filing 1. Planner Nicole Peterson reported that between October 13, 2008, the PEC voted 2-1-1 (Kurz opposed, Pierce recused) to forward a recommendation of approval to Council for the proposed amendments for SDD No. 6, Vail Village Inn, Phase III. Vail Homeowners Association representative Jim Lamont clarified horizontal zoning was allowed in the town. The applicant requested approximately 1,000 square feet of commercial space be converted to residential. This would impact twelve feet of commercial frontage. Sherman and Howard (legal firm) representative Tim Devlin said the requested change would decrease the parking requirement of 2.8 spaces and generate $37,000 pay-in-lieu for affordable housing. Blue Line Architects representative Ken Bridges said lack of pedestrian access and poor solar exposure has hindered the vitality of the; plaza. "It's going to become almost a residential courtyard." Local business owner Jonathan Staufer clarified the affected business, To Catch a Cook, has been operational for approximately ten years. While discussing the location of the property and its retail effectiveness, Robinson & Mitchell Real Estate owner Robby Robinson commented, "in nine years I've had ten walk-ins come into the business." Vail Village Homeowners Phase III representative Ann Bishop spoke in support of this application. She then expressed concern about a proposed pocket park slated to occur between the Village Inn development and the currently under construction Solaris project. Newbury moved to deny the ordinance request with Gordon seconding. Lamont clarified the motion was made due'a belief the ordinance would hinder the vitality of the area consistent with the stated goals and outcomes of the Vail Village Master Plan. He then said this residential area was to act as a passage between two very large projects. Joe Staufer said, "This is upstairs space whether you like' it or not... I urge you tonight to think about what is fair," Jonathan Staufer said he, believed the proposal created more vitality as it moved the retail closer together. "We are losing twelve square feet of retail frontage, that's it:" Julie Syracuse spoke in support of the applicant's proposal. Rogers said she was not sure where the vibrancy should go. While discussing public benefit, Rogers said, "Whenever there is a change to a SDD I.am always looking for a benefit to the town ...I don't consider statutory obligations public benefit." Hitt said, "Sometimes things just make sense and this makes sense for the applicant to do it this way...I would like to see access to that pocket park for the general public." Campbell clarified there is no public/pedestrian easement for the public park. Joe Staufer said the - park had always 4 been open to the public with the exception being when illegal activities were taking place. Newbury, said, "We are talking about a business that has been there for.ten years, that's pretty viable." Foley said he believed an approval would be considered precedent. Gordon said he believed the Staufers' arguments were compelling; however, he believed the space would be good for other commercial uses. Daly said he believed the property was not viable residential or commercial frontage. The motion to deny failed 2-5 with Foley 'and Newbury voting in favor. Rogers then moved to approve the ordinance with Hitt seconding. The motion passed 6 -1, with'Gordon opposed. The eighth item on the agenda was the First reading of Ordinance No. 23, Series of 2008, an ordinance amending Chapter 12-22, View Corridors, Vail Town Code, pursuant to Section 12-22-4, Adoption of View Corridors and Section 12-22-6, Amendments, Vail Town Code, to adopt two new view corridors and amend one existing view corridor in LionsHead. On October 13, 2008, the PEC voted 3-0-1 (Pierce abstained) to forward a recommendation of approval to adopt two new view corridors and amend one existing view corridor in LionsHead, pursuant to the recommendations outlined in Chapter 4, Recommendations-Overall Study Area, Public View Corridors, LionsHead Redevelopment Master Plan. Rogers moved to approve the ordinance with Daly seconding. The motion passed 6-1, with Foley opposed. Foley said, "We should be making the buildings fit the view corridor." The ninth item on the agenda was an Ordinance Approving A Holy Cross Energy Utility _ Easement within the Town of Vail Open Space between Matterhorn Circle and Upper Matterhorn Circle. An existing overhead electric line is being used to cross the middle bench open space without an easement. This year Holy Cross Energy lowered this stretch of overhead line at the request and cost of a private homeowner. Neither the existing nor the current electric lines have had, a dedicated easement. Holy Cross and town staff would like to have an easement granted to accommodate the new buried line. Hitt asked how a conduit was placed on public land without an easement. He also expressed concern about the size of the easement. Hitt moved to table the item until November 4, 2008, with Foley seconding. The motion passed unanimously, 7-0. The tenth item on the agenda was the Second reading of Ordinance No. 16, Series of 2008, an ordinance requesting a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a 430 square foot parcel of land from High Density Multiple-Family (HDMF) District to General Use (GU) District. On August 11, 2008, the PEC voted 5-0-0 to forward a recommendation of approval for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code. On October 7, 2008, Council unanimously approved the first reading of Ordinance No. 16, Series of 2008. Daly moved to approve the ordinance with Hitt seconding. The motion passed 6-1, Rogers opposed. The eleventh item on the agenda was the Second reading of Ordinance No. 21, Series of 2008, for prescribed regulations amendments to Section 14-10-7, Outdoor Lighting, Vail Town Code, to allow for amendments to the outdoor lighting standards. On October 7, 2008, the Town Council voted to approve, with conditions, Ordinance No. 21, Series of 2008, on first reading. Since the Council's October 7"' hearing, staff has discovered al 991 District Court decision related to the town's previous outdoor lighting regulations. Staff is currently reviewing this court decision and evaluating if this decision has any affects on the proposed Ordinance No. 21, Series of 2008. `Staff recommended the Town Council tables the second reading of Ordinance No. 21, Series of 2008, to the Council's November 4, 2008, public hearing; to allow staff an opportunity to evaluate a recently discovered court decision related the town's previous outdoor lighting standards. Newbury.moved to table the ordinance with Daly seconding. The motion passed unanimously, 7-0. The twelfth item on the agenda was Adjournment. Foley moved to adjourn at approximately 10:05 p.m. with Newbury seconding. The motion passed unanimously, 7-0. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk 6 ORDINANCE NO. 24 Series of 2008 AN ORDINANCE APPROVING A HOLY CROSS' UTILITY EASEMENT WITHIN THE TOWN OF VAIL OPEN SPACE LOCATED BETWEEN MATTERHORN CIRCLE AND UPPER MATTERHORN CIRCLE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the. Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation 'duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Town Open Space between Matterhorn Circle and upper Matterhorn Circle, as shown in the attached Exhibit A, currently has electrical overhead lines even though a utility easement agreement has never been entered into between the Town and Holy Cross Energy ("Holy Cross"); and WHEREAS, at the. request and cost of a private homeowner, Holy Cross desires to bury the current overhead electrical lines; and WHEREAS, the Town desires to dedicate a utility easement for that portion of Open Space owned by the Town; and WHEREAS, the Council considers it in the interest of the public health, safety and welfare to enter into a. utility easement agreement with Holy Cross for the Town Open. Space between Matterhorn Circle and upper Matterhorn Circle. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE --TOWN OF VAIL, COLORADO, THAT: Section 1. The Council hereby approves and authorizes the Town to enter into the utility easement with Holy Cross, in substantially the same form attached hereto as Exhibit A for illustrative purposes and kept on file in the office of the Town Clerk. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the. remaining portions of this ordinance; and the Town Council hereby declares it would'have passed this ordinance, and.each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The, 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. Ordinance No. 24, Series 2008 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4t' day of November, 2008, and a public hearing for second reading of this Ordinance set for the 18"' day of November, 2008, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard Cleveland Town Mayor ATTEST: Lorelei Donaldson- Town Clerk Ordinance No. 24, Series 2008 HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, TOWN OF VAIL, COLORADO, A MUNICIPAL CORPORATION (hereinafter called "Grantor"), for a good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant unto Holy Cross Energy, a Colorado corporation whose post office address is P. O. Box 2150, Glenwood Springs, Colorado (hereinafter called "Grantee") and to its successors and assigns, the right of reasonable ingress and egress across lands of Grantor, situate in the County of Eagle. State of Colorado, described as follows: A parcel of land located in Section 12, Township 5 South, Range 81 West of the 6'" P.M., as more fully, described in that deed recorded by Reception No. 195612, in the records of the Eagle County Clerk and Recorder's Office, Eagle, Colorado. And, to construct, -,-ruct, repair, change, enlarge, re-phase, operate, and maintain an underground electric transmission or distribution line, or both, with the underground vaults, conduit, fixtures and equipment used or useable in connection therewith, together with associated equipment required above ground, within the above mentioned lands, upon an easement described as follows: An easement containing underground power lines with above ground pad-mounted equipment as constructed, the location of said easement upon the above described property is shown on Exhibit A attached hereto and made a part hereof by, reference. The rights herein granted specifically allow Grantee to install additional u. J- y. ound and/or pad-mounted facilities within the easement described herein. It shall be the Grantor's responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed hereunder on said real property are accessible by Grantee's boom trucks and other necessary equipment and personnel at all times. The use of such access by Grantee shall not require removal or alteration of any improvements, landscaping, or other obstructions. The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or any other objects placed in the vicinity of said transformers and sw:, J,y- shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, level and free of improyt... -s, landscaping; and other obstructions. Improvements, landscaping and other objects will be kept a minimum of four (4) feet from non-opening sides and backs of said transformers and switchgear. Grantor hereby agrees to maintain the requirements of this paragraph and further agrees to correct any violations which may occur as soon as notified by Grantee. Said corrections will be made at the sole cost and expense of Grantor. Together with the, right to remove any and all trees.' brush, vegetation and obstructions within said easement and the right to pile spoils outside said easement during construction and maintenance, when such is reasonably necessary for the implementation and use of the rights hereinabove granted. In areas where vegetation is disturbed by the above described use of the eas:... _ the ground surface shall be seeded using a standard native mix by Grantee. Grantor agrees that landscaping or other surface improvements added on said easement after the date of execution hereof will be minimized arid that Grantee will not be responsible for damage to said additional landscaping or surface improvements caused by exercise of its rights granted by this Grantor agrees that all facilities installed by Grantee on the above described lands, shall remain the property of Grantee, and shall be removable at the option of Grantee. Grantor covenants that it is the owner of the above described lands and that the said lands are free and clear of encumbrances and liens of whatsoever character, except those held by the following: TO HAVE AND TO HOLD, said right-of-way and easement, together with all and singular, the rights and privileges appertaining thereto, unto Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed on this day of .20 The individual signing this Holy Cross Energy Underground Right-of-Way Easement hereby represents that it has full power and authority to sign, execute, and deliver this instrument, TOWN OF VAIL, COLORADO, A MUNICIPAL CORPORATION By: STATE OF ) ss. COUNTY OF 1 Mayor The fa ?y_:..g instrument was acknowledged before me this day of , 20 . , Jort. by as Mayor of the TOWN OF VAIL, COLORADO, a municipal cc. ,. WITNESS my hand and official seal. My commission expires: Notary Public Address: W/0#08-20550:51-49:Parkside Villas L6 Riser Move:5-20-08 08-20550TCV N Revised 9-14-04 EXHIBIT A LEGAL.DESCRIPTION A 10.0 FOOT WIDE EASEMENT LYING 5.0 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; LOCATED WITHIN A PART OF NE'/.OF THE SW'/., SECTION 12, TOWNSHIP 5 SOUTH, RANGE 8I WEST OF THE 6TH P.M., COUNTY OF EAGLE, STATE OF COLORADO, THE SIDES OF SAID EASEMENT LENGTHEN OR SHORTEN AT THE BOUNDARIES, SAID CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF PARKSIDE VILLAS - PHASE II, AS DESCRIBED IN THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER AT RECEPTION No. 200816950, WHENCE THE SOUTHEAST CORNER OF SAID PARKSIDE VILLAS - PHASE II BEARS S 84°3,8'26"E A DISTANCE OF 145.56 FEET FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION. THENCE ALONG THE SOUTH LINE OF SAID PARKSIDE VILLAS - PHASE II S 84038'26"E A DISTANCE OF 10.40 FEET TO THE TRUE POINT OF BEGINNING, THENCE DEPARTING SAID SOUTH LINE OF PARKSIDE VILLAS" PHASE II THE FOLLOWING SIX (6) COURSES: 1) S 65016'13" E A DISTANCE OF 7.36 FEET; 2) S 00'31'24" W A DISTANCE-OF 26.67 FEET; . 3) S 09°14'06" W A DISTANCE' OF 28.37 FEET; 4) S 13°2956" W A DISTANCE OF 24.14 FEET; 5) S' 02°43'53" W A DISTANCE OF 16.59 FEET; 6) S 52037'12" W A DISTANCE OF 11.64 FEET TO THE POINT OF TERMINUS. SAID PARCEL CONTAINING 0.026 ACRES MORE OR LESS. BRENT BIGGS PLS#2 598 FOR AND ON THE BEHALF OF PEAK LAND CONSULTANTS, INC. P:\1600-1699\1633\doc\Exhibit-Holycross Easement.doc PARKSIDE VILLAS (RECEPTION No. 579314) 4 CORNER CENTER ION 112 _?- SEC ARKSIDE VILLAS PHASE 11 (RECEPTION No. 200816850) P.O.C. Jl _ S84'38`26"E - 145.56' I (BASIS OF BEARING) 10.40' IN I Iwl I w? U ? cr- U o N t 5. p' Z co o d (? OF DESCRIBED X z 10.0' WIDE EASEMENT K o 5.0 ¢a UNPLATTED (RECEPTION No. 195612) Iwl I J ?ro P.O.T. I LINE TABLE LINE LENGTH BEARING E1 7.36 S05'16'1 YE E2. 26.67. S00'31'24"W E3 28.37 S09'14'06"W E4 24.14 S13'29'56"W E5 16.59 S02'43'53"W E6 I 11.64 S52-37'12"W I SCALE: 1 "=30' W U 3 zo 0 0 = o W v F ' Q EXHIBIT A - HOLYCROSS EASEMENT o, UNPLATTED LAND TOWN OF VAIL Middle Bench Holy Cross Energv Easement Reauest Background: This past Summer Holy Cross Energy (HCE) contacted Public Works regarding the possibility of burying approximately 175' of existing overhead lines along the northern most lot line of the Middle Bench Open Space (-155') and Unit 6 of Park Side Villas (-20'). The request went directly to HCE from a private homeowner, Mr. Mallman of Unit 6 at the Park Villas. Mr. Mallman (or representative) indicated to HCE that he would like to bury the lines at his own costs and that he had an excavation contractor available to install the necessary conduit. The proposed alignment was to be maintained as close as physically possible to the north lot line in roughly the same alignment as the existing overhead lines. Since the practice of burying overhead electric lines has been an on-going goal of the Town this seemed at the time to be a reasonable request and a `win-win' solution for all parties involved. The area is already encumbered with numerous underground utilities along this lot including water, sewer, telephone, and cable. No known easements for any utility currently exists and in order to clean up this particular location for HCE an easement request has been presented. Public Works was aware, indirectly via HCE, that the work was to occur at some point this past summer; however the contractor failed to contact the Public Works Dept. directly and submit a Public Way permit. The work was completed during the last week of June by Ground Breakers Excavating without notification to the Town. PW has spoken with the Owners Rep. within this past week and discussed the situation. It is apparent there was lack of communication and knowledge of process on behalf of the contractor. If the contractor had submitted for Public Way permit, we would have issued the permit and been able to inspect the construction work. We have since gone. out to the site after the fact, and now will require necessary restoration and permitting. At this point in time the conduit for the underground electric is installed in a surveyed location and an easement exhibit has been drafted based on this survey. If an easement is granted by Council, HCE will be able complete their portion of work and actually install the electric lines and remove the overhead lines. No surface pad mounted equipment is proposed to be installed. The existing overhead lines will be fed down the existing power pole into an underground vault, then thru the buried conduit across the Open Space lot to the Park Villas Lot. The originally proposed easement language has been modified to include "reasonable" ingress and egress to complete maintenance repairs and modifications as necessary by HCE. With the nature of utility work, HCE needs to be able to gain access as quickly and directly as possible to the electric lines in the event of an emergency at all times, hence the generic nature of the access. HCE has also requested, within their standard easement agreement, the right to place surface mounted equipment in the future if in the event an electric service is required by any neighboring parcels. As this is such a short section of buried line it is unlikely that this will be required unless the Town actually develops the Open Space parcel. In the event there is a request, it will simultaneously have to go thru the Town process for approval and if desired the Town can require the developer to acquire the necessary electric service from the existing nearby overhead electric line and pole mounted transformer. MEMORANDUM TO: Town Council FROM: Community Development Department DATE: November 4, 2008 SUBJECT: First reading of Ordinance No. 26, 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 Parcel A, a re=subdivision of Tract D, Vail Das Schone 1st Filing, from Commercial Core 3 (PC- 3) district to General Use (GU) district, and setting forth details in regard thereto. Applicant: Town of Vail., represented by Nina Timm Planner: Warren Campbell 1. SUMMARY The "applicant, the Town of Vail, represented by Nina Timm, Housing Coordinator, requests final review of a rezoning of Parcel A' re-subdivision of Tract D, Vail Das Schone Filing .1 from Commercial Core 3 (CC3) District to General Use (GU) District, located at 2399 North Frontage Road. The property is commonly known as the "Wendy's Property." A copy of the proposed Ordinance is attached for reference (Attachment A). BACKGROUND On October 27, 2008, the Town of Vail Planning and Environmental Commission (PEG) . 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 memorandum to the Planning and Environmental Commission is attached for reference (Attachment B). The Review Criteria for the zone district boundary amendment can be found on pages 5, 6, 7 and 8. ACTION REQUESTED OF COUNCIL The Town Council can vote to approve, approve with modifications, or deny Ordinance No. 26; Series of 2008, on first reading. IV. STAFF RECOMMENDATION The Community _ Development Department recommends, that the Vail Town Council approves Ordinance No. 26, Series of 2008, on first reading. With the following findings: 1. "That the amendment is consistent with the adopted goals, objectives and policies'outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town, and 2. That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas, and d •' 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." V. ATTACHMENTS A. Ordinance 26, Series of 2008' B. Memorandum to the PEC dated October 17, 2008 ti ORDINANCE NO. 26 Series of 2008 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING PARCEL A, A RE-SUBDIVISION OF TRACT D, VAIL DAS SCHONE FIRST FILING, FROM COMMERCIAL CORE 3 (CC3) DISTRICT TO GENERAL USE (GU) DISTRICT, AND SETTING FORTH DETAILS IN 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 October 27, 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 Vail; 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 Land Use 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 surrounding 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. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 26, Series of 2008 r. 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; Parcel.A, a re-subdivision of Tract D, Vail Das Schone 1St'Filing, shall be rezoned from Commercial Core 3 (CC3). 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 the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless. of the fact that any one or more parts,, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The 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 proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. Ordinance No. 26, Series of 2008 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4t' day of November, 2008 and a public hearing for second reading of this Ordinance set for the 18th day of November, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance No. 26, Series of 2008 Exhibit A Attachment B MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 27, 2008 SUBJECT: A request for a final recommendation to the Vail Town Council, for a proposed change to the official zoning map, pursuant to section 12-5-3, changes, Vail Town Code, to allow for a rezoning Commercial Core 3 to General Use District, located at 2399 North Frontage Road/Parcel A, re-subdivision of Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC080059) Applicant: Town of Vail, represented by Nina Timm Planner: Warren Campbell 1. SUMMARY The applicant, the Town of Vail, represented by Nina Timm, Housing Coordinator, request final review to rezone Parcel A, re-subdivision of Tract D, Vail Das Schone Filing 1 from Commercial Core 3 (CC3) District to General Use (GU) District, located at 2399 North Frontage Road. The property is commonly known as the "Wendy's Property." Staff is recommending the Planning and Environmental Commission forwards a recommendation of approval on the request to rezone the Wendy's Property from CC3 to GU District subject to the findings and criteria outlined in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, the Town of Vail, represented by Nina Timm, Housing Coordinator, request final review to rezone Parcel A, re-subdivision of Tract D, Vail Das Schone Filing 1 from Commercial Core 3 (CC3) to General Use (GU) District, located at 2399 North Frontage Road. The site is commonly known as the Wendy's Property. This purpose of this rezoning is to facilitate the future construction of a new fire station and associated other uses (e.g., resident quarters, etc.). 111. BACKGROUND The Town of Vail purchased the 1.25 acre Wendy's Property for the purpose of constructing a new West Vail Fire Station. The acquisition of this property allows the fire station to be relocated from the Chamonix Property to a better location, from an emergency services perspective and creates greater flexibility in providing deed restricted employee housing on the Chamonix Property. This proposed use of the Wendy's Property was endorsed by the Chamonix Site Plan Advisory Committee as well as the Vail Town Council at their August 5, 2008, Public Meeting. Currently Town Staff are in the process of further refining the space and programming needs of the West Vail Fire Station based on anticipated future needs and in relation to the existing fire stations. Additional cost validation may be required following this final programming review. IV. ROLES OF REVIEWING BOARDS' Rezonina/Zone District Boundary Amendment Planning and Environmental Commission: The Planning and EnvironmentaI Commission 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. - Desian 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. Comprehensive Plans, and impact on the general welfare of the community. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Zonina Reaulations (Title 12. Vail Town Code1 12-9C: General Use District (in part) 12-9C-1: 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 the purposes prescribed in section 12-1- 2 of this title and to provide for the public welfare. The general use district is intended to ensure that public buildings and grounds and certain types of quasi-public uses permitted in the district are appropriately located and designed to meet the needs of residents 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 types of uses. 12-9C-2: Permitted Uses: The following uses shall be permitted in the GU district. Bicycle and pedestrian paths. Passive outdoor recreation areas, and open space. 12-9C-3: Conditional Uses: A. Generally: The following conditional uses shall be permitted in the GU district, subject to issuance of a conditional use permit in accordance with the provisions of chaster 16 of this title: Child daycare centers. Equestrian trails. Golf courses. Healthcare facilities. Helipad for emergency and/or community use. Major arcades. Plant and tree nurseries, and associated structures, excluding the sale of trees or other nursery products, grown, produced or made on the premises. Public and private parks and active outdoor recreation areas, facilities and uses. Public and private schools. Public and quasi-public indoor community facilities. Public buildings and grounds. Public parking structure. Public theaters, meeting rooms and convention facilities. Public tourist/guest service related facilities. Public transportation terminals. Public unstructured parking. Public utilities installations including transmission lines and appurtenant equipment. Religious institutions. Seasonal structures or uses to accommodate educational, recreational or cultural activities. Ski lifts, tows: and runs. Type 111 employee housing units (EHU) as provided in chaater_.13 of this title. Water and sewage. treatment plants. B. Proximity To Parking Required. The following conditional uses shall be permitted in accordance with the issuance of a conditional use permit, provided such use is accessory to a parking structure: Offices: Restaurants. . Ski and bike storage, facilities. Sundries shops. Tourist/guest service related facilities. Transit(shuttle services. 12-9C-5: Development Standards: A. Prescribed By Planning And Environmental Commission In the general use district, development standards in each of the following 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. B. Reviewed By Planning And Environmental Commission: Development standards shall be proposed by the applicant as a part of a conditional use permit application. Site speck development standards 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 16 of this title. Vail Land use Plan Community Commercial- This area is designated to meet consumer demands from community resident. Primary uses would include supermarkets, dry cleaning establishments, hardware 4 stores, service stations, financial institutions and medical offices. The design of these facilities would be oriented toward vehicular access and parking. VI. SURROUNDING LAND USES AND ZONING Land Use Zoninq North: Vacant Residential Primary/Secondary (P/S) District East: Commercial Heavy Service (HS) District West: Residential P/S District South: Interstate 70/CDOT R.O.W. No zoning VII. SITE ANALYSIS The following is a zoning analysis of Parcel A, re-subdivision of Tract D, Vail Das Schone Filing 1, which are proposed to be amended by the proposed application. Parcel A, re-subdivision of Tract D, Vail Das Schone Filing 1 Zoning: CC3 District Land Use Plan Designation: Community Commercial Current Land Use: Vacant Commercial Development Standard Lot Area: Allowed determined by PEC Existinq 54,450 s.f./1.25 acres GRFA: determined by PEC vacant Access: The access is taken off of North Frontage Road. Frontage on North Frontage Road: 250 feet VIII. APPLICATION CRITERIA AND FINDINGS Amendment to the Official Zonino Map of the Town of Vail (rezonina) 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 petition 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 Town of Vail is seeking a recommendation of approval to rezone the Wendy's Property from Commercial Core 3 (CC3) 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 district 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 objectives of the Town; and Since 1982 the community has recognized the need to have a first station in West Vail. Initially the Town intended to construct the fire station on the Chamonix :Property; however, when the Wendy's Property became available it was identified that this site would be preferred from an emergency services perspective. Upon acquiring the Wendy's Property in 2007, the Town committed to constructing a new West Vail Fire Station at this location. The Chamonix Advisory Committee and Town Council have recommended. approval- of a -scenario which located the future fire station on the Wendy's.Property. According to Section 12-9C-1: Purpose; General Use District, "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 the purposes prescribed in section 12-1-2 of this title and to provide for the public. welfare. The general use district is intended to ensure that public buildings and grounds and certain types- of quasi-public uses permitted in the district are appropriately located and designed to meet the needs of residents 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 types of uses." Staff believes that the rezoning of the Wendy's Property to General Use is consistent and compatible with the Vail Comprehensive Plan. and the Town's . development objectives of constructing a West Vail Fire Station. 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 Construction of the fire station on the Wendy's Property will provide the:greatest separation possible- between residential development and the activity associated with a fire station. The fire station will also have the best access to Interstate 70 and the surrounding neighborhoods for responding to emergencies. The request to rezone the Wendy's Property to General Use District will have no negative effect on the items identified in this criterion. Staff believes the proposal 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 As previously stated, locating the new fire station on the Wendy's Property will allow for the greatest separation between residential uses and fire station activity. It places the fire station immediately adjacent to a gas station and CDOT right-of- way, which should not be disturbed by fire station activity. Additionally, locating the fire station with direct access to the North Frontage Road will reduce the traffic impacts to the surrounding neighborhood. The request to rezone the Wendy's Property 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 and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and The requested rezoning of the Wendy's Property does not constitute a spot zoning. Based upon the previous use of the property and that it is immediately adjacent to a gas station, this is an appropriate location for a public service building like a fire station. With the exception of the hospital, cellular tower at Middle Creek apartments, and the Vail Mountain School all properties zoned General Use throughout the community are owned by the Town and typically contain Town facilities and parks. Staff believes the proposal complies with this criterion. 5. The extent 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 Wendy's 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 proposal complies with this criterion. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zonirig- designation of the subject property was adopted and is no longer appropriate. The requested zoning is appropriate for the Wendy's Property as the Town has identified for years the need for a fire department in West Vail and most recently approved a conceptual site plan with employee housing and a fire station on the Chamonix Property. The community has identified the need for a fire station in West Vail and emergency services professionals have identified this location as ideal for the new fire station. The CC3 zoning, currently on the property is no longer appropriate. Staff believes the proposal complies with this criterion. & Such other factors and criteria as the Commission and/or Council deem applicable to the proposed rezoning. IX. STAFF RECOMMENDATION 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 Parcel A, re-"subdivision of Tract D, Vail Das Schone Filing 1, from Commercial Core 3 (CC3) 'District to General Use (GU) District, located at 2399 North Frontage Road, 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: "Before 'recommending and/or granting an approval- of an application for a zone district boundary amendment the Planning & Environmental Commission and the Town Council shall make the following findings with respect to the requested amendment: 1. That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; 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 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. " X. ATTACHMENTS A. Existing Zoning B. Proposed Zoning C. Public Notice I ti J.-NbAJII n.d fib Yr ill 1. Yl.1 d1.11.dJYJ i1oi J.r&?Yeli lOrrltl lriS.rO,rN]h01Wi'Lai Y i AWM i19"AlWW66e 1 .101.1 .all Ilh 4iidi. 1or.-?ira Chamonix Development Properties: Existing Zoning Chamonix Property: Parcel @, re-subdivision of Tract D, Vail Dag Schone Filing 1 Wendy's Property: Parcel A, re-subdivision of Tract D, Vail Dag Schone Filing 1 r !w Chamonix Property Wendy's Property t vri ?; ii. Lest Modified: October 21, 2006 Attachment: A 10 /rS ? rc ' .>L f?.? it r r ++? M d 5 r t ?"j•' ai .eu,nc+l.1>ix rte r? Q " 7 !trtlt:.s,.,:ar??xftreulllr :¢: ' ©@a a.n,Y r y,n?r's.x? +3 •r M:•M ak .I «?e• may.` ©-°°LSt:zT eail:+„r. txx ns:cx: 7Pr ' ®lMlt+e. Uusl;!>:sk!> C.,»>! rzf:l p t -Kit: p.rxs4 ;Stlu,:f.in?',+61 .9i - ®r?ilt Hx•z•+t.,sttrra: t:Y %.:: Sr TlrmQ«+nrorakgPl lx ?rgtvfWlOgtlwlyrap. UredNrmep gnJgpe?r lrf?rtl µrpoxr ?I• lle ?rrl ollrq dyrrcJtlvralh mraalof fe hdmekntalhlN ivtln Otlnro >tYm.Pa¢Illn arlir gprmirruYa L•••" ., rR %I/ J Chamonix Development Properties: Proposed Zoning Chamonix property from Two-Famlly PrimaryJSecondary Residential (PS) to Housing (H) Wendy's property from Commercial Core 3 (CC3) to General Use (GU) Chamonix Property: Parcel B. re-subdivision of Tract D, Vail Das Schone Filing 1 Wendy's Property: Parcel A, re-subdivislon of Tract D, Vail Das Schone Filing 1 ? 2379 J;° '` tea Chamonix Property a `17?;,•+tf 2476 ' WendVs Property a wi 5P # a a 3 ..? fi r r Last Mad led: Ocmber 21, 2008 fit' Attachment: B it Y` it t ._• ®?, s,e s,ca?t «saek.,ari - k Y t.,nta-„ak zy4.at amJ.d1' 111 ~ Ur.?saa+wT ?,C..il ?fxxYtk.r, L'r.sl X.a' 6'•V'1 A? vUa,*ssn-bdby le'b-.f%Ul fl -ft Yd f- Use M1*uspsMtl4UOemdyasp."a*. M Ibm= soss nd=rM h 0g."M rtewOgMM` htrUSacmlelN h,rdn MIIMhh??b ?r Attachment: A THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC 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 October 27, 2008, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final recommendation to the Vail Town Council, for a proposed change to the official zoning map, pursuant to section 12-5-3, changes, Vail Town Code, to allow for a rezoning Commercial Core 3 to General Use District, located at 2399 North Frontage Road/Parcel A, re-subdivision of Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC080059) Applicant: Town of Vail Planner: Warren Campbell A request for a final recommendation to the Vail Town Council, for a proposed change to the official zoning map, pursuant to section 12-5-3, changes, Vail Town Code, to allow for a rezoning Two-Family Primary/Secondary District to Housing District, located at 2310 Chamonix Road/Parcel B, re-subdivision of Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC080057) Applicant: Town of Vail Planner: Warren Campbell A request for final recommendations to the Vail Town Council, for the proposed adoption of the Chamonix Master Plan, to facilitate the development of Employee Housing and a Fire Station on the "Chamonix Parcel" and "Wendy's Parcel" and a final recommendation to the Vail Town Council to amend the Vail Land Use Plan, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan to designate the Chamonix Master Plan area, located at 2399 North Frontage Road and 2310 Chamonix Road/Parcels A & B, re-subdivision of Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC080058) Applicant: Town of Vail Planner: Warren Campbell 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 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 Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published October 10, 2008, in the Vail Daily. 12 MEMORANDUM TO: Town Council FROM: Community Development Department DATE: November 4, 2008 SUBJECT: First reading of Ordinance No. 27, 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 Parcel B, a re-subdivision of Tract D, Vail Das Schone 1 st Filing, from Two-Family Primary/Secondary (P/S) district to Housing (H) district, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Nina Timm Planner: Warren Campbell 1. SUMMARY The applicant, the Town of Vail, represented by Nina Timm, Housing Coordinator, request sfinal review of a rezoning of Parcel B, re-subdivision of Tract D, Vail Das Schone Filing 1 from Two-Family Primary/Secondary (P/S) District to Housing (H) District, located at 2310 Chamonix Road. The property is commonly known as the "Chamonix Property." A copy of the proposed Ordinance is attached for reference (Attachment A). 11. BACKGROUND On October 27, 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 voted 6-1-0 (Proper opposed) to approve a motion recommending approval of the rezoning request to the Vail Town Council. The Staff memorandum to the Planning and Environmental Commission is attached for reference (Attachment B). The Review Criteria for the zone district boundary amendment can be found on pages 7, 8 and 9. Ill. ACTION REQUESTED OF COUNCIL The Town Council can vote to approve, approve with modifications, or deny Ordinance No. 27, Series of 2008, on first reading. IV. STAFF RECOMMENDATION The Community Development Department recommends that the Vail Town Council approves Ordinance No. 27, Series of 2008, on first reading. With the following findings: 1. "That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; 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 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. " V. ATTACHMENTS A. Ordinance 27, Series of 2008 B. Planning and Environmental Commission Memorandum dated October 27, 2008 ORDINANCE NO.27 Series of 2008 - AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE. 12, ZONING. REGULATIONS, CHAPTER 5, ZONING MAP; REZONING PARCEL B, A RE-SUBDIVISION OF TRACT D, VAIL DAS SCHONE FIRST FILING, FROM TWO=FAMILY PRIMARYISECONDARY (PIS) DISTRICT TO HOUSING (H) DISTRICT, AND St i i iNG FORTH DETAILS IN 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 October 27, 2008, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a recommendation (6-1-0) 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 Vail; and WHEREAS, the Vail Town Council finds the proposed amendment to the "Zoning Mao" is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan, the Vail Land Use 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 surrounding, 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. NOW, THEREFORE, BE IT ORDAINED BY THEJOWN.000NCIL OF-THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 27, Series of 2008 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: Parcel B, a re-subdivision of Tract D, Vail Das Schone 1st Filing, shall be rezoned from Two=Family Primary/Secondary (PS) district to Housing? '(H) 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 the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence; clause or phrase thereof, regardless of the fact that any one or more parts, sections; subsections, sentences, clauses or phrases be declared invalid. Section 3. The 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 proceeding' as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or 'any ordinance .previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are-repealed to the extent only of such inconsistency. This repealer shall not be Ordinance No. 27, Series of 2008 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 4t" day of November, 2008 and a public hearing for second reading of this Ordinance set for the. 10th day, of November, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance No. 27, Series of 2008 L .M MoWftd Other 21, 20DO duly iOl ckMNy MA.f VAFISOV RAM. ps"Am WTiMQa ayeiMSyWuH G(f. we Un."4.f,w" t aaul0laftM e92%W#Wdn fn?ew dglnpaitlil?w0:ll ..... ... J Exhibit A MEMORANDUM Attachment B TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 27, 2008 SUBJECT: A request for a final recommendation to the Vail Town Council, for a proposed change to the official zoning map, pursuant to section 12-5-3, Changes, Vail Town Code, to allow for a rezoning from Two-Family Primary/Secondary District to Housing District, located at 2310 Chamonix Road/Parcel B, re-subdivision of Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC080057) Applicant: Town of Vail, represented by Nina Timm Planner: Warren Campbell II. SUMMARY The applicant, the Town of Vail represented by Nina Timm, Housing Coordinator, is requesting final review of a proposed change to the official zoning map, pursuant to section 12-5-3, Changes, Vail Town Code, to allow for a rezoning from Two-Family Primary/Secondary (P/S) District to Housing (H) District, located at 2310 Chamonix Road/Parcel B, re-subdivision of Tract D, Vail Das Schone Filing 1. The parcel is commonly known as the "Chamonix Property." Staff is recommending the Planning and Environmental Commission forwards a recommendation of approval on the request to rezone the Chamonix Property from P/S District to H District subject to the findings and criteria outlined in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, the Town of Vail represented by Nina Timm, Housing Coordinator, requests final review of a proposed change to the official zoning map, pursuant to section 12-5-3, Changes, Vail Town Code, to allow for a rezoning Si u... Two-Family P/S District to H District, located at 2310 Chamonix Road/Parcel B, re-subdivision of Tract D, Vail Das Schone Filing 1. The parcel is commonly known as the Chamonix Property. The purpose of this rezoning is to have zoning sufficient for the construction of approximately 58 deed restricted employee housing units per the recommendation of the Chamonix Site Master Plan Advisory Committee, consisting of ten members representing the Town Council, Planning and Environmental Commission, Housing Authority, Fire Department and the public. III. BACKGROUND Along with the Advisory Committee, on August 5, 2008, Town Council recommended (6 to 1) to pursue the development of 58 deed restricted employee housing units on the Chamonix Property. This was based upon support for the density, unit mix and general layout of the development. 13 The preferred development plan that identifies 58 units as appropriate density has been labeled the "Neighborhood Block" scenario. It identifies a mix of two and three-bedroom units of various square feet. The units are proposed in multi-family buildings as well as a limited number,of duplex units. Town Staff ',is 'currently in the process.of validating the construction costs to ensure the Town's ability to deliver the units at price points affordable to the desired employee occupants.: When this work, is complete and the Town is comfortable with its ability to have a successful.employee housing development Staff will be seeking a Planning and Environmental Commission recommendation on a proposed master plan amendment. IV: ROLES OF REVIEWING BOARDS Rezonina/Zone District BOUndarv Amendment Plannina and Environmental Commission: ; -. The Planning and Environmental Commission 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. Design 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 .Comprehensive Plans, and impact on the general welfare of the community. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Zonina Reaulations (Title 12. Vail Town Code) Article I: Housing (H) Zone District (in part) 12-61-1: PURPOSE: The housing district is intended to provide adequate sites .for employee housing which, because of the nature and . characteristics of employee housing, cannot be adequately regulated by the development standards prescribed for other residential zone. districts..' !t is necessary in this zone district to provide development standards speciffically prescribed for each development proposal or project, to achieve the purposes prescribed in section 12-1-2 of this, title and to provide for ! the public welfare. Certain nonresidential uses are allowed as conditional uses, which are intended to be incidental and secondary to the residential uses ofthe'district. The housing district is intended to ensure that employee housing permitted in the zone district is appropriately located and design to meet the needs of residents of Vail, to 14 f harmonious with surrounding uses, and to ensure 'adequate light, air, open spaces, and other amenities appropriate to the allowed types of uses. 12-61-,2: PERMITTED USES: The following uses, shall be permitted in the H District.- Bicycle 'and pedestrian paths. Deed restricted employee housing units, as further described in chapter 13 of this title: Passive outdoor recreation areas, and open space. 12-61-3: CONDITIONAL USES: The following. uses shall be permitted in H district, subject to issuance. of a conditional use permit in accordance with-the provisions of Chapter 16, of this Title:. Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) : to the use of employee housing and, specifically .serving, the needs of the _ residents of the development, and developed in. conjunction with employee housing, in which case the following uses may be allowed subject to a conditional use permit: Banks and financial institutions. Child daycare facilities. Eating and drinking establishments. Funiculars and other similar conveyances. Health clubs. Personal services, including, but not- limited to, laundromats, beauty and barbershops, tailor shops, and similar services. Retail stores and establishments. Business offices and professional offices as further regulated by Section 12- 16-7 of this title. Dwelling units (not employee housing., units) subject to the following criteria to be evaluated by the planning and environmental commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and. B. Dwelling- units are not the primary use of the -property. The GRFA' for dwelling- units. shall not exceed thirty. percent (30%) of the total GRFA constructed on the property, and C. Qwelfng units .are only, created in conjunction with employee housing, and D. Dwelling units are .compatible with the proposed uses and buildings on the site. and are compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schools. Public buildings, grounds and facilities. Public parks and recreational facilities. Public utilities installations including transmission lines and appurtenant equipment. Type VI employee_ housing units, as further regulated by chapter 13 of this title. .12-61-5. SETBACKS: The setbacks in this district shall be twenty feet (20) from the perimeter of the zone district. At. the discretion of the planning and environmental commission, variations to the setback. standards, may be, approved during the review of a developmentt plan subject, to the applicant demonstrating compliance with the following criteria: A. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other 15 environmentally sensitive areas. B. Proposed building setbacks will provide adequate availability of light, air and open space. C. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties.. D. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. Variations to the twenty foot (20) setback shall not be allowed on property lines adjacent to HR, SFR, R, PS, and RC zoned properties, unless a variance is approved by the planning and environmental commission ' pursuant to chapter 17 'of this title. 12-61-6: SITE COVERAGE. Site coverage shall not exceed fifty five percent (559,66) of the total site area. At the 'discretion of the planning and environmental commission, site coverage may be increased if seventy five percent (759,66) of the required parking spaces are underground or enclosed, thus reducing the impacts of surface paving provided within a development, and that the minimum landscape area requirement is met. 12-61-7. LANDSCAPE AND SITE DEVELOPMENT. At least thirty percent (30%) of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15) with a minimum area not less than three hundred (300) square feet. 12-61-8: PARKING AND LOADING: Off street parking shall be provided in accordance with Chapter. 10 of this title. No parking or loading area shall be located within any required setback area. At the discretion of the planning and environmental commission, variations to the parking standards outlined in-Chapter 10 of this title may be approved during the review, of a development plan subject to a parking management plan. The parking management plan shall be approved by the planning and environmental commission and ' shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than Chapter 10 of this title would require. ,For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative modes of transportation including, but not limited to, publi&transit or shuttle services. B. A limitation placed in the deed restrictions limiting the number of cars for each unit. C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle service, or staggered work shifts. 12-61-9: LOCATION OF BUSINESS ACTIVITIES: A. Limitation; Exception: All conditional uses by section 12-61-3 of this article shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. B. Outdoor Display Areas: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods, and entirely upon the establishment's own property. Sidewalks, building entrances and exits, - driveways and streets shall not be obstructed by outdoor display. 16 12-61-10: OTHER DEVELOPMENT STANDARDS: A. Prescribed By Planning And Environmental Commission: In the H district, development standards in each of the following categories shall be as proposed by the applicant, as prescribed by the planning and environmental commission, and as adopted on the approved development plan 1. Lot area and site dimensions. 2. Building height. 3. Density control (including gross residential floor area). 12-61-11: DEVELOPMENT PLAN REQUIRED: A. Compatibility with Intent. To ensure the unified development, the protection of the natural environment, the compatibility with the surrounding area and to assure that development in the housing district will meet the intent of the zone district, an approved development plan shall be required. B. Plan Process and Procedures: The proposed development plan shall be in accordance with section 12-61-12 -of this article and shall be submitted by the developer to the administrator who shall refer it to the planning and environmental commission, which shall the plan at a regularly scheduled meeting. C. Hearing: The public hearing before the planning and environmental commission shall be held in accordance with section 12-3-6 of this title. The planning and environmental commission may approve the application as submitted, approve the application with conditions or mod cations, or deny the application. The decision of the planning and environmental commission may be appealed to the town council in accordance with section 12-3-3 of this title. D. Plan As Guide: The approved development plan shall be used as the principal guide for all development within the housing district. E. Amendment Process: Amendments to the approved development plan will be considered in accordance with the provisions of section 12-OA-10 of this title. F. Design Review Board Approval Required. The development plan and any subsequent amendments thereto shall require the approval of the design review board in accordance with the applicable provisions of chapter 11 of this title prior to the commencement of site preparation. 12-61-13: DEVELOPMENT STANDARDS/CRITERIA FOR EVALUATION. The following criteria shall be used as the principal means for evaluating a proposed development plan. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with all applicable design criteria: A. Building design with respect to architecture, character, scale, massing and orientation is compatible with the site, adjacent properties and the surrounding neighborhood. B. Buildings, improvements, uses and activities are designed and located to produce a functional development plan responsive to the site, the surrounding neighborhood and uses, and the community as a whole. C. Open space and landscaping are both functional and aesthetic, are designed to preserve and enhance the natural features of the site, maximize opportunities for access and use by the public, provide adequate buffering between the proposed uses and surrounding 17 properties, and when possible, are integrated with existing open space and recreation areas. D. A pedestrian and vehicular circulation • system designed to provide safe, efficient and aesthetically. pleasing circulation to the site and throughout the development. E. Environmental impacts resulting from the proposal have been identified in the project's environmental impact report, if not waived, and all necessary mitigating measures, are -implemented as a part of the proposed development plan. F. Compliance with the Vail comprehensive plan and other applicable plans. Vail Land Use Plan Land Use Designation Medium Density Residential- . The medium density residential category include housing which would typically be, designed as attached units with common walls. Densitites in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category would include private recreational facilities, private "parking facilities and institutionaUpublic uses such" as parks and open space, churches, and fire stations. Chapter Vll - Community, Facilities, 1 Inventory and Assessment of Town Owned Property', Coarse Screen of Sites . Tract 43 - Chamonix Parcel The 3.6 acre Chamonix Parcel has been identfed for the location of a fire station as he-priniary use on the site and which may include other Town of Vail. uses. Secondary uses on the site. include a medium density residential development, recreational areas, and. open space buffers. A Land Use Plan depicting . the -location of the future uses has been prepared as the'result of a comprehensive planning process and is included.as Appendix F of this document. VI. SURROUNDING LAND USES AND ZONING Land Use Zoninq North: Residential PIS District East: Commercial Heavy Service (HS) District and Commercial Core 3 (C C3) West: Residential PIS District South: Commercial HS District and CC3 VII. SITE ANALYSIS The following is a zoning analysis of Parcel B, re-subdivision of Tract D, Vail Das Schone, Filing 1, which is proposed to be 'amended by the 'application. Parcel. B, re-subdivision of Tract'D, Vail Das Schone Filing 1 Zoning: PIS District Land Use Plan Designation` Medium Density Residential Current Land Use: Vacant 18 Development Standard Allowed Existina Lot Area: determined by PEC 156,816 s.f./3.6 acres GRFA: Access: determined by PEC vacant Access to the site may be taken off of Chamonix Road or Chamonix Lane. Frontage on Chamonix Road: Frontage on Chamonix Lane: VIII. APPLICATION CRITERIA AND FINDINGS 575 feet 1,000 feet Amendment to the Official Zonina MaD of the Town of Vail (rezoning) 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 petition 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 Town of Vail is seeking a recommendation of approval to rezone the Chamonix Property from Primary/Secondary (P/S) District to the Housing (H) District. According to Section 12-3-7 C, of the Vail Town Code, Before acting on an application for a rezoning, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the requested zone district 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 objectives of the Town; and In October, 2002, when the Town of Vail acquired the Chamonix Property it identified a "fire station, employee housing and land-banking" as the future public uses of this property. Additionally, the Town adopted a Land Use Plan Amendment in August, 2005, which again affirmed housing and a fire station as appropriate use of the Chamonix Property. Through the Chamonix Property public process and the extensive work of the Chamonix Advisory Committee it was determined that rezoning the Chamonix Property to the Housing District would provide the greatest opportunity to provide deed restricted employee housing units. According to Section 12-61-1: Purpose; Housing District, Vail Town Code, 19 'The housing district is intended to. provide adequate sites for employee housing which, because of the nature and characteristics of employee housing, cannot. be adequately regulated- by, the development standards prescribed for other residential zone districts. It is necessary in this zone district. to provide development standards specifically prescribed for each development.' proposal or project to achieve the purposes. prescribed in section 12-1-2 of this title and to provide for the public welfare. " Staff believes the proposed rezoning - of the Chamonix. Property is consistent and compatible with the Vail Comprehensive Plan 'and the Town's development objectives. The Town of Vail has a_ stated. goal of ensuring there is deed restricted employee housing for at least 30% of the workforce. Additionally, the Employee Housing Strategic -Plan identifies the Chamonix Property as a location ideal for providing new deed restricted employee housing - to address existing. employee _ housing deficiencies. 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 In 2002, when the Town of Vail purchased the Chamonix Property. three uses were identified, they included a "fire station, employee housing-and land banking." The proposed rezoning will allow for development. of the intended property uses. ' Residential development on the Chamonix Property is consistent with the adjacent residential uses and has been deemed appropriate through an extensive public process. The request to rezone this parcel to Housing District will have no negative effect on the items identified in'this-criterion: The acquisition of the Wendy's Site allows for a transition buffer from residential uses and the proposed new fire station. Staff believes the proposal 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 proposed rezoning will allow for development of the intended property uses. Residential development of the Chamonix Property is consistent with the adjacent residential uses- and has been deemed appropriate through an extensive public process. The request to rezone this parcel to Housing 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 and does not constitute spot 20 zoning as the . amendment serves the best interests of the community as a whole; and The requested rezoning of the .Chamonix Property does not constitute spot :zoning: as the adjacent uses to the North and West are zoned for residential development. This rezoning serves the best interest of the community by providing additional sites for the development of deed restricted employee housing. Furthermore..it creates a transitional zone between the existing : structures' to the north - of the property and the proposed fire station and existing gas station. property. Staff believes the proposal complies with this criterion. 5. The extent. to which the zone district amendment results in adverse or, beneficial impacts ont 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 Housing (H) District is proposed for the subject property. The proposed zone district is consistent with the -intended purpose of that zone district: The purpose of the Housing District is, found under Criterion 1. Staff believes the proposal 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 property was adopted and is no longer appropriate. The requested zoning is appropriate for the Chamonix Property. Since the _ parcel was annexed into the Town of Vail and zoned Primary/Secondary District the ability of the Town to provide affordable employee housing has dramatically. decreased. In recognition of this challenge the Town created the. Housing District specifically to cause the development of deed restricted employee housing. Staff believes the proposal complies with this criterion. 8. Such other factors and criteria as the Commission and/or Council deem applicable to the proposed rezoning. IX. STAFF RECOMMENDATION 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 to rezone Parcel 13, re- subdivision of Tract D; Vail Das Schone Filing 1 from Primary/Secondary.(P/S) to 21 Housing (H) District, located at 2310 Chamonix Road 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: "Before recommending and/or granting an approval of an application for a zone . district boundary 'amendment the Planning . & Environmental Commission and the. Town Council shall make the following findings with respect to the requested amendment. 4. That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives'of the Town, and 5. That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; .and 6. That.the amendment promotes the health, safety, morals, and general welfare. of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality,." X. ATTACHMENTS A: Existing Zoning B. Proposed- Zoning C. Public Notice 22 Attachment: A r???ixn ?N,ufrf.xi J4 23 Last Modified: October 21, 2008 mj ?m m[ crmea b[ R tiw or+aeon maoran. umor n. ? aweue a oaxre cwcns oar. MR hpaoYncmdna hntln .? 11T b1o1W 1bf[RI lTtalR nan[apl 1}11[ 11onA?11R KQI[gplmlmm<tky ]'?'??}/ Chamonix Development Properties: Proposed Zoning Chamonix property from TWo-Family PrimarytSecondary Residential (PS) to Housing (H) Wendy's property from Commercial Core 3 (CC3) to General Use (GU) Chamonix Property: Parcel B, re-subdivislon of Tract D, Vail Das Schone Filing 1 Wendy's Property: Parcel A, rersubdlvislon of Tract D, Vail Das Schone Filing 1 } Chamonix Property 1T Wendys Property 74, Last Modified: October 21, 20M ?? , Ir-14A Attachment: B 24 x _ %a ' ? f . J ? © Ixivz,xr:,C :; ©1.-,: wzxt3.z:a?, ex..??)ryk•,v:l.x,r ?r ?i r ®lafex:Axss.nxsxllxv,: A, rd t d I tel.. .,..x I ? ?. } ?R:azwscr.:. y...nfnk p ? ? ' ?4<t fax M:sl ,?. t ' y e5• -U.nl uirvxz:m fsxtrq ? S .._., .ra, ?..ax..a iti•? ?4 ; of ti 7n-Psm-bd 0, Iw 7ndlotWl pim" Odd.. ul-ftemflwkb ptlVa1,- xr'h. 11e Ibm fttl dots ral-NN h maO U R t, P IIIdil L. t`Y+erc tllan,,paRllher difgpw-w, Attachment: C THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC 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 October 27, 2008, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final recommendation to the Vail Town Council, for a proposed change to the official zoning map, pursuant to section 12-5-3, changes, Vail Town. Code, to allow for a rezoning Commercial Core 3 to General Use District, located at 2399 North Frontage. Road/Parcel A, re-subdivision of. Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC080059) Applicant: Town of Vail Planner: Warren Campbell A request for a final recommendation to the Vail Town Council, for a proposed change to the official zoning.'map, pursuant to section 12-5-3, changes, Vail Town Code, to allow for 'a rezoning Two-Family Primary/Secondary District to Housing District, located at 2310 Chamonix Road/Parcel B, re-subdivision of Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC080057) .Applicant: Town of Vail Planner: Warren Campbell A request for final recommendations to the Vail Town Council, for the proposed adoption of the Chamonix Master Plan, to facilitate the development of Employee Housing -and a Fire Station on the "Chamonix Parcel" and "Wendy's Parcel" and a final recommendation to the Vail Town Council to amend the Vail Land Use Plan, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan to designate the Chamonix. Master Plan area, located at 2399 North Frontage Road and-2310 Chamonix Road/Parcels A & B, re-, subdivision of Tract D, Vail Das Schone Filing 1, and setting forth details in regard. thereto. (PEC080058) -Applicant: Town of Vail Planner: Warren Campbell 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 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 Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 247h6ur notification. Please call 970=479-2356, Telephone for the Hearing Impaired, for information. Published October 10, 2008, in the Vail Daily. MEMORANDUM TO: Town Council FROM: Community Development Department DATE: November 4, 2008 SUBJECT: A request for second reading of Ordinance No. 22, Series of 2008, repealing and re-enacting Ordinance No. 6, Series of 2005, Vail Village Inn, amending the approved development plan for Phase III of SDD No. 6, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of an existing office and retail space to residential for an addition to an existing dwelling unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC080049) Applicant: Colondo Company, represented by Sherman & Howard, LLC Planner: Nicole Peterson I. DESCRIPTION OF THE REQUEST This SDD major amendment ordinance request includes the conversion of existing office and retail space to residential for an approximate 1,237 gross residential square foot addition to existing residential unit #110. The proposed addition is immediately below the existing unit #110 and includes a new exterior entrance off the pedestrian plaza on the north side of the building, mudroom, staircase, media room, two bedrooms and three bathrooms. The proposal also includes the interior reconfiguration of the existing unit #110 level 105.0' and minor exterior alterations. The proposal does not include any additions outside the exterior walls of the existing building. The addition area is currently occupied by three commercial lessees: 1) Digits Nail Boutique (108 net square feet of retail) 2) Portion of Robinson, Mitchell & Associates (115 net square feet of office) 3) Portion of To Catch a Cook (976 net square feet of retail) 4) Miscellaneous - Interior walls to be removed (38 net square feet) II. BACKGROUND The Town Council, at the October 21, 2008 Council meeting, approved Ordinance No. 22, Series of 2008, on first reading with the following conditions: 1. The Vail Village Inn Homeowner's Association shall address the illegal demolition of the walkway on the east side of the subject property, by submitting a Design Review application, prior to the submittal of a Design Review application for the exterior changes associated with this conversion. 2. The applicant shall comply with all Building Code requirements for ingress, egress, and accessibility for Vail Village Inn Phase III which may 1 include improvements to the public walkway, along the east side of the subject property, from the pedestrian plaza to Meadow drive. Compliance shall be demonstrated in conjunction with Building Permit submittal. 3. The applicant shall install or cause to be installed, a new loading and delivery connection on the west end of the existing underground parking garage (Under Building No. 1 in Phase III) that aligns with the Plaza's existing loading and delivery garage door at the east end of the underground parking garage, accessed off the South Frontage Road, prior to the issuance of a building permit. 4. The applicant shall comply with the requirements of Chapter 12-24, Inclusionary Zoning, by payment of a fee-in-lieu, in the amount of $37,314.11, prior to the issuance of a building permit. 5. The applicant shall receive Design Review Board approval for the proposal, prior to submitting a building permit application. 6. The applicant shall facilitate the dedication and recording of the of a public easement over the existing pocket park located directly north of the proposed front door of Unit #110 in a form acceptable to the Town Attorney. A copy of the recorded easement shall be submitted in prior to release of the Building Permit. The Planning and Environmental Commission, at their October 13, 2008 hearing, recommended that the Council approve the request with the following conditions: 1. The applicant shall address the illegal demolition of the walkway on the east side of the subject property, by submitting a Design Review application, prior to the submittal of a Design Review application for the exterior changes associated with this conversion. 2. The applicant shall comply with all Building Code requirements for ingress, egress, and accessibility for Vail Village Inn Phase III which may include improvements to the public walkway, along the east side of the subject property, from the pedestrian plaza to Meadow drive. Compliance shall be demonstrated in conjunction with Building Permit submittal. 3. The applicant shall install anew loading and delivery connection on the west end of the existing underground parking garage (Under Building No. 1 in Phase III) that aligns with the Plaza's existing loading and delivery garage door at the east end of the underground parking garage, accessed off the South Frontage Road, prior to the issuance of a building permit. 4. The applicant shall comply with the requirements of Chapter 12-24 Inclusionary Zoning, by payment of a fee-in-lieu, in the amount of $37,314.11, prior to the issuance of a building permit. 5. The applicant shall receive Design Review Board approval for the proposal, prior to submitting a building permit application. III. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council deny the request based on the review criteria and findings found in Section VII of Staff Memorandum to the PEC dated October 13, 2008. Motion to Deny. Should the Council choose to deny this amendment to a Special Development 2 District No. 6, the Department of Community Development recommends the Council make the following motion: "The Town Council deny's, the second reading of Ordinance No. 22, Series of 2008, repealing and re-enacting Ordinance No. 6, Series of 2005, Vail Village Inn, amending the approved development plan for Phase ll/ of SDD No. 6, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of an existing office and retail space to residential for an addition to an existing dwelling unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto." Should the Council choose to deny this amendment to a Special Development District No. 6, the Department of Community Development recommends the Council make the following findings: 1. That the amendment is in-consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is in-compatible with the development objectives of the Town, based upon the review outlined in Section Vll of the Staffs September 22, 2008, memorandum to the Planning and Environmental Commission; and 2. That the amendment does not further the general and specific purposes of the Zoning Regulations, based upon the review outlined in Section Vll of the Staffs September 22, 2008, memorandum to the Planning and Environmental Commission, and 3. That the amendment does not promote the health, safety, morals, and general welfare of the Town, and does not promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon the review outlined in Section Vll of the Staffs September 22, 2008, memorandum to the Planning and Environmental Commission. Motion to Approve: Should the Council choose to approve this amendment to a Special Development District No. 6, the Department of Community Development recommends the Council make the following motion: `The Town Council approves, with conditions, the second reading of Ordinance No. 22, Series of 2008, repealing and re-enacting Ordinance No. 6, Series of 2005, Vail Village Inn, amending the approved development plan for Phase Ill of SDD No. 6, pursuant to Article 12-9A- 10, Amendment Procedures, Vail Town Code, to allow for the conversion of an existing office and retail space to residential for an addition to an existing dwelling unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto." Should the Council choose to approve this amendment, the Community 3 Development Department, consistent with the Planning and Environmental Commission recommendation, suggests the following conditions: 1. The Vail Village Inn Homeowner's Association shall address the illegal demolition of the walkway on the east side of the subject property, by submitting a Design Review application, prior to the submittal of a Design Review application for the exterior changes associated with this conversion. 2. The applicant shall comply with all Building Code requirements for ingress, egress, and accessibility for Vail Village Inn Phase Ill which may include improvements to the public walkway, along the east side of the subject property, from the pedestrian plaza to Meadow drive. Compliance shall be demonstrated in conjunction with Building Permit submittal. 3. The applicant shall install or cause to be installed, a new loading and delivery connection on the west end of the existing underground parking garage (Under Building No. 1 in Phase 111) that aligns with the Plaza's existing loading and delivery garage door at the east end of the underground parking garage, accessed off the South Frontage Road, prior to the issuance of a building permit. 4. The applicant shall comply with the requirements of Chapter 12- 24, Inclusionary Zoning, by payment of a fee-in-lieu, in the amount of $37,314.11, prior to the issuance of a building permit. 5. The applicant shall receive Design Review Board approval for the proposal, prior to submitting a building permit application. 6. The applicant shall facilitate the dedication and recording of the of a public easement over the existing pocket park located directly north of the proposed front door of Unit #110 in a form acceptable to the Town Attomey. A copy of the recorded easement shall be submitted in prior to release of the Building Permit. Should the Council choose to approve, this amendment, the Community Development Department recommends the Council makes the following findings: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is in-compatible with the development objectives of the Town, based upon the review outlined in Section VI! of the Staffi's September 22, 2008, memorandum to the Planning and Environmental Commission; and 2. That the amendment does further the general and specific purposes of the Zoning Regulations, based upon the review outlined in Section Vll of the Staff's September 22, 2008, memorandum to the Planning and Environmental Commission; and 3. That the amendment does promote the health, safety, morals, and general welfare of the Town, and does not promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of 4 the highest quality, based upon the review outlined in Section Vll of the Staff's September 22, 2008, memorandum to the Planning and Environmental Commission. IV. ATTACHMENTS A. Ordinance No. 22, Series of 2008, second reading 5 ATTACHMENT A: ORDINANCE NO. 22 Series of 2008 AN ORDINANCE.- REPEALING AND RE-ENACTING ORDINANCE NO. 6; SERIES. OF 2005; AMENDING THE APPROVED DEVELOPMENT PLAN :FOR PHASE III OF SDD NO.. 6, PURSUANT TO ARTICLE 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR THE CONVERSION OF AN EXISTING OFFICE AND RETAIL SPACE TO RESIDENTIAL FOR AN ADDITION TO AN EXISTING DWELLING UNIT, LOCATED AT 68 MEADOW DRIVE/LOT O, BLOCK 5D,. VAIL VILLAGE FILING 1, AND Sr- i HNG FORTH DETAILS IN REGARD THERETO. WHEREAS, amendments to a Special Development District are permitted pursuant to parameters set forth for such in Section 12-9A-10 of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on October 13, 2008 to consider the *proposed amendment in accordance with the provisions of the Town Code of the Town of Vail and forwarded a recommendation of approval to the Town Council of the Town of Vail based on the criteria and findings presented in.the staff memorandum; and WHEREAS, the Vail Town Council finds that the proposed amendment to Special Development District No. 6, complies with the review criteria outlined in Section 12-9A-8. of the Vail Town Code and that the applicant has demonolu aced that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided; and WHEREAS, the approval of the major amendment to Special Development District No. 6, and the development standards in regard thereto shall not establish precedence or entitlements elsewhere within the Town of Vail; and WHEREAS, all notices as required by the Vail TownCode have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public 6 V, health, safety, and welfare to-adopt the proposed-'amendments to Special Development District No. 6 NOW, THEREFORE,- BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: *AII additions are illustrated -with bold . italics arid' deletions are illustrated with stfikethFGugh Section 1. • Puroose'of the Ordinance The purpose of Ordinance No: 22, Series of 2008, is to amend.the Development Plan for Phase III of.SDD No. 6, to allow for the conversion of an existing office and retail space to residential for an addition to an existing dwelling unit. Section 2. Establishment Procedures Fulfilled, Plannina Commission ReDort The procedural requirements described in Chapter 12=9A of-the Vail Town Code have been fulfilled and the Vail Town Council has received the recommendation of approval from the Planning & Environmental Commission for the major amendment to Special Development District No. 6, Vail Village Inn. Requests for the amendment of a special development district follow the procedures outlined in Chapter 12-9A of the Vail Town Code: Section.:3: Special. Development District No. 6 Special Development District No. 6, Vail Village Inn, is hereby amended to assure comprehensive development and use of, the area in a manner that would be with the general character of the town; provide adequate open space and recreation amenities, and promote the goals, objectives and policies. of the. Town of Vail Comprehensive Plan. Special Development District No. 6, Vail Village Inn, Phase 1, is regarded as being complementary to the Town of Vail by the Vail Town Council and the f Planning & Environmental Commission, and has been amended because there are significant aspects of the Special Development District that cannot be satisfied through the imposition of the standard Public Accommodation zone district requirements. Section 4. Development Standards. Special Development No. 6. Vail Villaae Inn The amended Development Plan for Special Development District No. 6, Vail Village Inn, Phase Ill, shall include the following plans and materials prepared by Blue Line Architects, dated September 24, 2008: a. A1.3. Parking Map b. AZ 1. Level 95.0 Existing C. A2.2. Level 95.0 Proposed d. A2.3. Level 105.0 Existing e. A2.4. Level 105.0 Proposed f. A2.5. Level 114.4 Existing g. A3.1 Exterior elevations h. A3.2 Exterior elevations L A5.1. Vicinity Map The amended Development Plan for Special Development District No. 6, Vail Village Inn, Phase 1, shall include the following plans and materials prepared by Fritzlen Pierce Architects, dated December 13, 2004, and stamped approved by the Town of Vail, dated March 1, 2005: a. A200. Level One Floor Plan b. A201. Level Two Floor Plan 8 1 C. A202. Level Three Floor Plan d. A301. North & South Elevations e. A302. East & West Elevations Densitv-Number of Units Per Acre - The number of dwelling units permitted in Special Development District No. 6, Vail Village Inn shall not exceed the following: Dwelling Units Per Acre -13.25 Density - Gross Residential Floor Area - The gross residential floor area (GRFA) units permitted in Special Development District No. 6, Vail Village Inn, Phase 1, which accounts for residential square footage only, shall not exceed the following: GRFA -187, 187,798 Square Feet Other Development Standards No other development standards are amended by this ordinance. Section 5. Conditions of Anaroval The following conditions of approval shall become part of the Town's approval of the establishment of Special Development District No. 6, Vail Village Inn: 1. The Vail Village Inn Homeowner's Association shall address the illegal demolition of the walkway on the east side of the subject property, by submitting a Design Review application, prior to the submittal of a Design Review application for the exterior changes associated with this conversion. 2. The applicant shall comply with all Building Code requirements for ingress, egress, and accessibility for Vail Village Inn Phase III which may include improvements to the public walkway, along the east side of the subject property, from the pedestrian 9 I plaza, to Meadow drive. Compliance.shall be demonstrated in conjunction with Building Permit submittal. 3. The* applicant shall install or cause to be installed, a new loading and delivery connection on the west end of the existing underground parking garage (Under Building No. 1. in Phase III) that aligns with the Plaza's existing loading and delivery garage door at the east end of the underground parking garage, accessed off the South: Frontage Road, prior to the-issuance of a building permit. 4. The applicant shall comply with the. requirements of Chapter 12-24, Inclusionary Zoning, by payment of a fee-in-lieu, in the amount of $37,314.11, prior to the issuance of. a building permit. 5. The applicant. shall receive Design Review Board approval for the proposal, prior to submitting a building. permit application. 6. The applicant shall facilitate the dedication and recording of the of a public easement over the existing pocket park located directly north of the proposed front door of Unit #110 in a form acceptable to the Town Attorney. A copy of the recorded easement shall be submitted in prior to release of the Building Permit. Section 6. If any. part, section,, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed -this ordinance, and each part, section, subsection, sentence, clause or phrase. thereof, regardless of the fact that any one, or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. _ Section. 7. The amendment of any provision of the Town, Code as. provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation , 10 Y :that occurred prior to the. effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON, FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 218t-day of October, 2008 and a public hearing for second reading.of the Ordinance set for the 4'' day of November, 2008, in the Council Chambers of.the Vail Municipal Building, Vail, Colorado. Richard Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 44' day of November, 2008. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk. 11 MEMORANDUM TO: Town Council FROM: Timber Ridge Affordable Housing Corporation DATE: November 4, 2008 SUBJECT: Timber Ridge Village Apartments Budget Update 1. Introduction In July, 2003, the Town of Vail created the Timber Ridge Affordable Housing Corporation to own and operate Timber Ridge Village Apartments. The Timber Ridge Affordable Housing Corporation has five board members. They are the Town Manager, Community Development Director, Finance Director, Public Works Director and the Town Facilities Manager. The Board has retained the service of Corum Real Estate Group to manage the property. The Corporation has the following debt outstanding on the property: Series A Bonds $19,025,000" Series B Bonds $1,325,000 TOV Note $1,700,000 * The Town of Vail has a moral obligation to replenish any Bond Reserve shortfall for the Series A Bonds. $925,000 is appropriated annually to fulfill this obligation. Graduated principal payments begin on the Series A Bonds in 2009 and are scheduled until 2032. Annual principal payments have been made on the Series B Bonds and they are schedule to be defeased in 2013. The Town of Vail Note comes due in 2032. II. 2008 Budget Review A. Cash in the Bank on 12/31/07 $38,847 Budgeted Cash in the Bank on 12/31/08 $307,181 Anticipated Cash in the Bank on 12/31/08 $313,306 Projected Cash in the Bank on 12/31/09 $737,975 B. In 2008, the average monthly rent per unit was $1,173. This was largely a function of a multi-year master lease with Vail Associates that set the rents for 139 units at $1100 per unit per month for a five-year period. That master lease expires on October 31, 2008. C. The Board has negotiated a new master lease with Vail Associates and has raised their rent to match the rents for all other units at $1,375 per unit per month beginning November 1, 2008. This will result in a 15% annual increase in potential rents. D. The Board authorized significant expenditures to, improve the overall quality and appearance of Timber Ridge. These repairs and replacements were funded out of the Replacement Reserve Fund, which was established and is funded annually for just such work. The major repairs were: Exterior Repair and Painting $90,000 Replace 20% of the Windows $22,000 Repair and Reseal Parking Lot $27,000 E. Most units have had new dishwashers, stoves and hot water heaters installed. As the remaining original appliances reach the end of their lives, new appliances are being installed. F. The Board has authorized a $150,000 payment into the Bond. Reserve Fund for the Series A Bonds That reserve is currently not in compliance with the bond. documents.- The Bond Reserve Fund currently. has a balance of $65,000. _ In order to be in. compliance with the bond documents the Bond Reserve Fund should currently. have a balance of $595,000. The payment in 2008 will bring the Bond Reserve: Fund balance to $215,000. When the property was purchased the Bond Reserve Fund had an initial fund balance of $317,000 and was supposed to be fully funded by 2005. US Bank allowed the Corporation to use those funds to pay for mold rernediation. G. The favorable cash flow in 2008 is largely due to the interest expense on the - Series A Bonds coming below budget expectations. The Series .A Bonds have a variable ;interest rate.:; The Corporation has purchased a rate cap protection against LIBOR:moving above:5.5%.' 2009 Budget Preview A. The Corporation anticipates beginning the year with $313,306 in the bank and ending the year with $737,975 in the bank. B. Rents for all units will be $1375 per unit per month. This is a 15% increase from the average 2008 per. unit per month rent. C. 2009 is the first year that principal payments come due on the Series A Bonds. The initial principal payment is $405,000--and is scheduled to be made in December, 2009. D. The Board has also budgeted to make another .$150.;000 payment into the Bond. Reserve Fund to bring that balance to $365;000,.which will leave a fund balance $230,000 short of the required amount. E. The Board has budgeted $205,000 for the following capital. replacement and repairs to be funded out the replacement reserves: .Additional Window Replacement Replacement of the main stairwells from the parking lot Repair and/or replace the horizontal walkways 2 IV. 2008 as Compared to 2009 A. Average per unit per month rent increase of 15% from 2008 to 2009 based on the expiration of the 139 unit long-term master lease. B. Higher than experienced vacancies continue to be budgeted during the non- peak months. Based on the number of master leased units actual vacancies remain very low. C. The Board has budgeted for additional repairs based upon experience in 2007. D. The Board has budgeted for shoveling all of the roofs based on the 2007/2008 winter experience. E. Operating expenses are budgeted to increase 3% in 2009 from the estimated actual costs in 2008. F. Vail Resorts has agreed to fund an additional site manager, allowing for seven day a week site management. G. Vail Resorts has agreed to fund an additional maintenance technician, in order to be more responsive to tenant needs. Additionally, a new system for tenant repair orders will be instituted. H. Vail Resorts will have their staff do spot checks" to ensure there are no more than four occupants per unit. 1. Vail Resorts will assist with snow removal on an as needed basis. J. The Series A Bond interest expense is budgeted to remain constant based on the LIBOR rate cap protection in place. K. The Board continues to budget for projects to increase the overall appearance and quality of the development. L. The Board continues to budget for payments into the Bond Reserve Fund, based on actual cash available, to bring the Bond Reserve Fund balance into compliance. Additional Window Replacement Replacement of the main stairwells from the parking lot Repair and/or replace the horizontal walkways 3 V. Follow-Up on Borne Engineering Report The following items were identified in the engineering audit that was completed by Borne Engineering for Timber Ridge Village Apartments in July, 2007. Repair and / or Replace the following within zero to two years: Flatwork and Walkways 2009 Budget Parking Lot Complete (2008) Siding and Painting Complete (2008) 10% of Windows Complete (2008) Remaining Windows 2009 Budget Stairwell Roof Systems Complete (2007) Deck Rail Systems Complete (2007) Stairwell Foundations 2009 Budget Deck Ledgers and Boards Complete (2007) Deck Support Beams and Posts Complete (2007) Split Rail Fence Complete (2007) Trash Enclosures Complete (2007) Repair and / or Replace the following within zero to three years: Roof Repairs Roof Replacement Complete (2007) Not Budgeted Repair and / or Replace the following in 15-plus years: Gabion Walls Concrete Walls Not Budgeted Not Budgeted 4 TOWN OF VAIL REVENUE HIGHLIGHTS October 31, 2008 Sales Tax When all sales tax returns are received for the month of September, collections for the month are expected to be $836,137, down 7.95% from September, 2007. Year-to-date sales tax collections of $15.6M are up 6.3% from 2007. For comparison, inflation as measured by the consumer price index was up 4.9% for the month of September, and up 4.2% for the first half of 2008 compared to prior year. Use Tax Use tax collections began as of January 1, 2008. As of October 30, collections total $610,800 of revenue. This is $110K over the amended budget of $500,000. Construction Permit FeeRevenue Construction permit revenue currently totals $2.2M, down 12% from this time last year. However, due to conservative budgeting collected revenue currently exceeds the amended 2008 budget by $487K. The decrease in activity from the prior year is due to both major and non-major redevelopment projects. Major redevelopment projects make up 76% of the total, and construction permit fee revenue from those projects is up by 8% from prior year. Revenue from non-major projects is down 24% from this time last year. Real estate Transfer Tax (RETT) RETT collections through October 28, 2008, total $6.3 million. This amount is a 34% 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 27% in sales dollars and down 46% in sales transactions as of August, 2008. Major redevelopment projects such as Arrabelle, Forest Place, One Willow Bridge, Vail Plaza and The Willows account for 59% 'of year-to-date 2008 collections. This is significantly higher than the 23% from October 2007, and is the reason Vail's RETT revenue is performing much better than the rest of the county. RETT collections from property transfers not related to major redevelopment projects dropped by 29% year-to-date as of October, 2008 compared with 2007. This is more in line with the sales decrease across the county. 081031 Revenue Highlights - 1 - Ic e4fob ES a MEMORANDUM TO: Town Council FROM: Community Development Department DATE: November 4, 2008 SUBJECT: A request for second reading of Ordinance No. 22, Series of 2008, repealing and re-enacting Ordinance No. 6, Series of 2005, Vail Village Inn, amending the approved development plan for Phase III of SDD No. 6, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of an existing office and retail space to residential for an addition to an existing dwelling unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC080049) Applicant: Colondo Company, represented by Sherman & Howard, LLC Planner: Nicole Peterson 1. DESCRIPTION OF THE REQUEST This SDD major amendment ordinance request includes the conversion of existing office and retail space to residential for an approximate 1,237 gross residential square foot addition to existing residential unit #110. The proposed addition is immediately below the existing unit #110 and includes a new exterior entrance off the pedestrian plaza on the north side of the building, mudroom, staircase, media room, two bedrooms and three bathrooms. The proposal also includes the interior reconfiguration of the existing unit #110 level 105.0' and minor exterior alterations. The proposal does not include any additions outside the exterior walls of the existing building. The addition area is currently occupied by three commercial lessees: 1) Digits Nail Boutique (108 net square feet of retail) 2) Portion of Robinson, Mitchell & Associates (115 net square feet of office) 3) Portion of To Catch a Cook (976 net square feet of retail) 4) Miscellaneous - Interior walls to be removed (38 net square feet) II. BACKGROUND The Town Council, at the October 21, 2008 Council meeting, approved Ordinance No. 22, Series of 2008, on first reading with the following conditions: 1. The Vail Village Inn Homeowner's Association shall address the illegal demolition of the walkway on the east side of the subject property, by submitting a Design Review application, prior to the submittal of a Design Review application for the exterior changes associated with this conversion. 2. The applicant shall comply with all Building Code requirements for ingress, egress, and accessibility for Vail Village Inn Phase III which may 1 R include improvements to the public walkway, along the east side of the subject property, from the pedestrian plaza to Meadow drive. Compliance shall be demonob aced in conjunction with Building Permit submittal. 3. The applicant shall install or cause to be installed, a new loading and delivery connection on the west end of the existing underground parking garage (Under Building No. 1 in Phase III) that aligns with the Plaza's existing loading and delivery garage door at the east end of the underground parking garage, accessed off the South Frontage Road, prior to the issuance of a building permit. 4. The applicant shall comply with the requirements of Chapter 12-24, Inclusionary Zoning, by payment of a fee-in-lieu, in the amount of $37,314.11, prior to the issuance of a building permit. 5. The applicant shall receive Design Review Board approval for the proposal, prior to submitting a building permit application. 6. The applicant shall facilitate the dedication and recording of the of a public easement over the existing pocket park located directly north of the proposed front door of Unit #110 in a form acceptable to the Town Attorney. A copy of the recorded easement shall be submitted in prior to release of the Building Permit. The Planning and Environmental Commission, at their October 13, 2008 hearing, recommended that the Council approve the request with the following conditions: 1. The applicant shall address the illegal demolition of the walkway on the east side of the subject property, by submitting a Design Review application, prior to the submittal of a Design Review application for the exterior changes associated with this conversion. 2. The applicant shall comply with all Building Code requirements for ingress, egress, and accessibility for Vail Village Inn Phase III which may include improvements to the public walkway, along the east side of the subject property, from the pedestrian plaza to Meadow drive. Compliance shall be demonstrated in conjunction with Building Permit submittal. 3. The applicant shall install a new loading and delivery connection on the west end of the existing underground parking garage (Under Building No. 1 in Phase 111) that aligns with the Plaza's existing loading and delivery garage door at the east end of the underground parking garage, accessed off the South Frontage Road, prior to the issuance of a building permit. 4. The applicant shall comply with the requirements of Chapter 12-24 Inclusionary Zoning, by payment of a fee-in-lieu, in the amount of $37,314.11, prior to the issuance of a building permit. 5. The applicant shall receive Design Review Board approval for the proposal, prior to submitting a building permit application. III. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council deny the request based on the review criteria and findings found in Section VII of Staff Memorandum to the PEC dated October 13, 2008. Motion to Deny: Should the Council choose to deny this amendment to a Special Development 2 .1 District No. 6, the Department of Community Development recommends the Council make the following motion: "The Town Council deny's, the second reading of Ordinance No. 22, Series of 2008, repealing and re-enacting Ordinance No. 6, Series of 2005, Vail Village Inn, amending the approved development plan for Phase Ill of SDD No. 6, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of an existing office and retail space to residential for an addition to an existing dwelling unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto." Should the Council choose to deny this amendment to a Special Development District No. 6, the Department of Community Development recommends the Council make the following findings: 1. That the amendment is in-consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is in-compatible with the development objectives of the Town, based upon the review outlined in Section Vll of the Staff's September 22, 2008, memorandum to the Planning and Environmental Commission; and 2. That the amendment does not further the general and specific purposes of the Zoning Regulations, based upon the review outlined in Section VII of the Staff's September 22, 2008, memorandum to the Planning and Environmental Commission, and 3. That the amendment does not promote the health, safety, morals, and general welfare of the Town, and does not promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon the review outlined in Section VII of the Staff's September 22, 2008, memorandum to the Planning and Environmental Commission. Motion to Approve: Should the Council choose to approve this amendment to a Special Development District No. 6, the Department of Community Development recommends the Council make the following motion: "The Town Council approves, with conditions, the second reading of Ordinance No. 22, Series of 2008, repealing and n:-enacting Ordinance No. 6, Series of 2005, Vail Village Inn, amending the approved development plan for Phase Ill of SDD No. 6, pursuant to Article 12-9A- 10, Amendment Procedures, Vail Town Code, to allow for the conversion of an existing office and retail space to residential for an addition to an existing dwelling unit, located at 68 Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto." Should the Council choose to approve this amendment, the Community 3 Development Department, consistent with the Planning and Environmental Commission recommendation, suggests the following conditions: 1. The Vail Village Inn Homeowner's Association shall address the illegal demolition of the walkway on the east side of the subject property, by submitting a Design Review application, prior to the submittal of a Design Review application for the exterior changes associated with this conversion. 2. The applicant shall comply with all Building Code requirements for ingress, egress, and accessibility for Vail Village Inn Phase 111 which may include improvements to the public walkway, along the east side of the subject property, from the pedestrian plaza to Meadow drive. Compliance shall be demonstrated in conjunction with Building Permit submittal. 3. The applicant shall install or cause to be installed, a new loading and delivery connection on the west end of the existing underground parking garage (Under Building No. 1 in Phase 111) that aligns with the Plaza's existing loading and delivery garage door at the east end of the underground parking garage, accessed off the South Frontage Road, prior to the issuance of a building permit 4. The applicant shall comply with the requirements of Chapter 12- 24, Inclusionary Zoning, by payment of a fee-in-lieu, in the amount of $37,314.11, prior to the issuance of a building permit 5. The applicant shall receive Design Review Board approval for the proposal, prior to submitting a building permit application. 6. The applicant shall facilitate the dedication and recording of the of a public easement over the existing pocket park located directly north of the proposed front door of Unit #110 in a form acceptable to the Town Attorney. A copy of the recorded easement shall be submitted in prior to release of the Building Permit Should the Council choose to approve this amendment, the Community Development Department recommends the Council makes the following findings: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is in-compatible with the development objectives of the Town, based upon the review outlined in Section VII of the Staffs September 22, 2008, memorandum to the Planning and Environmental Commission; and 2. That the amendment does further the general and specific purposes of the Zoning Regulations, based upon the review outlined in Section VII of the Staffs September 22, 2008, memorandum to the Planning and Environmental Commission; and 3. That the amendment does promote the health, safety, morals, and general welfare of the Town, and does not promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of 4 the highest quality, based upon the review outlined in Section Vll of the Staff's September 22, 2008, memorandum to the Planning and Environmental Commission. IV. ATTACHMENTS A. Ordinance No. 22, Series of 2008, second reading 5 s ATTACHMENT A: ORDINANCE NO.22 Series of 2008 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO: 6,_ SERIES OF 2005, AMENDING THE APPROVED DEVELOPMENT PLAN FOR,PHASE 111 OF SDD NO. 6,. PURSUANT TO ARTICLE 12-9A-10,- AMENDMENT PROCEDURES,. VAIL TOWN CODE, TO ALLOW FOR THE CONVERSION OF. AN EXISTING OFFICE AND, RETAIL SPACE TO RESIDENTIAL FOR AN ADDITION TO AN EXISTING DWELLING UNIT, LOCATED AT 68 MEADOW DRIVE/LOT O, BLOCK 5D,_VAIL VILLAGE FILING 1, AND.Sci o ING FORTH' DETAILS IN REGARD THERETO. WHEREAS, amendments to a Special Development District are permitted pursuant to parameters set forth for such in Section 12-9A-10 of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of.the Town of Vail held a public hearing on October 13, 2008 to consider the proposed amendment in accordance with the provisions of the Town Code of the-Town of Vail and forwarded a recommendation of approval to the Town Council of the Town of Vail based on the -criteria and findings presented in the staff memorandum; and WHEREAS, the Vail-Town Council finds that the proposed amendment to Special Development District No. 6, complies with the review criteria outlined in Section 12-9A-8. of the Vail Town Code and that the applicant has demonstrated that any adverse effects of the requested deviations from the. development standards of the underlying zoning are outweighed by the public benefits provided; and WHEREAS, the approval of the major amendment to Special Development District No. 6, and the development standards in regard thereto shall not establish precedence or. entitlements elsewhere within the Town of Vail; and WHEREAS, all notices as required by the Vail Town Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public 6 tJ health, safety, and welfare to'adopt the proposed amendments to Special Development District. No. 6 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: *AII. additions- are illustrated with bold italics 'and deletions ,are. 'illuaLtiled with Section 1. - Puroose of the Ordinance The purpose of Ordinance No. 22, Series of 2008, is to amend the- Development Plan, for Phase III of SDD No. 6, to allow for the conversion of an existing office and retail space to residential for an addition to an existing dwelling unit. :Section 2. Establishment Procedures Fulfilled. Planning Commission Report The procedural requirements.described in Chapter 12-9A of th e Vail Town Code have been fulfilled and the Vail Town Council has received the recommendation of approval from the Planning & Environmental Commission for the major amendment to Special Development. District No. 6, Vail Village Inn. Requests for the amendment of a special development district'follow the procedures outlined in Chapter 12-9A of the Vail Town Code. Section 3. Special Development District No..6. Special Development District No. 6, Vail Village Inn, isIhereby amended. to assure comprehensive development, andl. use of the area. in a manner that would be harmonious with the general character of the Town, provide adequate open space and recreation- amenities, and, promote the goals, objectives and policies of the, Town of Vail Comprehensive Plan. Special Development District No. 6, Vail Village Inn, Phase'l, is regarded as being complementary. to the Town of Vail by the Vail Town Council and the 7 V Planning & Environmental Commission, and has been amended because there are significant aspects of the Special Development District that cannot be satisfied through the imposition of the standard Public Accommodation zone district requirements. .Section 4. Develobment Standards. Special Development No. 6. Vail Village Inn The amended Development Plan for Special Development District No. 6, Vail Village Inn, Phase lll, shall include the following plans and materials prepared by Blue Line Architects, dated September 24, 2008: a. A1.3. Parking'.Map b. AZ 1. Level 95.0 Existing C. AZ2, Level 95.0 Proposed d. A2.3.-Level 105.0 Existing . e. A2.4. Level -105.0 Proposed.. f. A2.5. Level 114.4 Existing g. A3.1 Exterior elevations h. A3.2 Exterior elevations i. A5.1. Vicinity Map The amended Development Plan for Special Development District No. 6, Vail Village Inn, Phase 1, shall' include - the following -plans and materials prepared by Fritzlen Pierce Architects, dated December 13, 2004, and stamped approved by the Town of Vail; dated March 1, 2005: a. A200.'Level One Floor Plan b. A201. Level Two Floor Plan 8 I C. A202. Level Three Floor Plan d. A301. North & South Elevations e. A302. East & West Elevations Densitv-Number of Units Per Acre - The number of dwelling units permitted in Special Development District No. 6, Vail Village Inn shall not exceed the following: Dwelling Units Per Acre -13.25 Densitv - Gross Residential Floor Area - The gross residential floor area (GRFA) units permitted in Special Development District No. 6, Vail Village Inn, Phase 1, which accounts for residential square footage only, shall not exceed the following: GRFA -187, 187,798 Square Feet Other Development Standards No other development standards are amended by this ordinance. Section S. Conditions of AuDroval The following conditions of approval shall become part of the Town's approval of the establishment of Special Development District No. 6, Vail Village Inn: 1. The Vail Village Inn Homeowner's Association shall address the illegal demolition of the walkway on the east side of the subject property, by submitting a Design Review application, prior to the submittal of a Design Review application for the exterior changes associated with this conversion. 2. The applicant shall comply with all Building Code requirements for ingress, egress, and accessibility for Vail Village Inn Phase III which may include improvements to the public walkway, along the east side of the subject property, from the pedestrian 9 r plaza to Meadow drive. Compliance shall be demonstrated in conjunction with Building Permit submittal. 3. The applicant shall install or cause to be installed, a new loading and delivery connection on the west end of the existing underground parking garage (Under Building No. 1. in Phase III) that aligns with the Plaza's existing loading -and delivery garage door at the.-east end of the underground parking garage, accessed off the South Frontage Road, prior to the.issuance of a building permit. 4. The applicant shall-comply with the requirements of Chapter 12-24, Inclusionary Zoning; by payment of a fee-in-lieu, in the amount of.$37,314.11, prior?to the issuance of a building permit. S. The applicant shall receive Design Review Board approval for the proposal, prior to submitting a building permit application. 6. The applicant shall facilitate the dedication and recording of the of. a public easement over the existing pocket park located directly north of the proposed front door . of Unit #110 in a form acceptable to the Town Attorney... A copy of the recorded easement shall be submitted in prior to release of the Building Permit. Section 6. If any. part, section, subsection, . sentence,, clause or.. phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection; "sentence, clause or phrase thereof, :regardless of the fact that any one or. more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 7. The amendment of any provision of the Town Code as provided. in this ordinance shall not affect any right which has accrued, any duty imposed, any violation 10 1 that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding ascommenced' under or by virtue of the provision amended. The amendment of-any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws, orders, resolutions and ordinances, or, parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance; or part thereof, theretofore repealed. INTRODUCED, READ ON: FIRST READING, APPROVED, AND. ORDERED PUBLISHED. ONCE.IN FULL" ON FIRST READING this 21s day of October, 2008 and a public hearing for, second reading of the Ordinance set for the 4t' day of November, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED 'ON SECOND READING AND ORDERED PUBLISHED this day of November, 2008. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk 11 LO', LUL2 Nicole Peterson - Colondo Company SDD Amendment Application - Conditions of Approval From: "Devlin, Timothy N." To: "Nicole Peterson" Date: 11/04/2008 4:48 PM Subject: Colondo Company SDD Amendment Application - Conditions of Approval CC: "Matt Mire" , "Warren Campbell" , , "Josef Staufer" , "Jonathan Staufer" , "George Ruther" Attachments: "Matt Mire", "Warren Campbell" , , "Josef Staufer" , "Jonathan Staufer" , "George Ruther" Hi Nicole, Please see the attached Crossroads [Solaris] Development Agreement, Section 21, Improvements to Vail Vi//age Inn Phase 3 Property (pgs 7-8), regarding the obligations of "Crossroads to fund, install and construct: (ii) a private pocket park .. partially located on the property of the Vail Village Inn Phase 3 Condominium Association, and (iii) [t]he stairs indicated on the site plan will be converted to an ADA accessible ramp that extends onto the property of the Association. Crossroads will fund the construction of these improvements..." With respect to both of these items (pocket park and ADA ramp), I've also attached a copy of the letter that the Association submitted to the Town yesterday in connection with the Association's DRB application for the removal of the crumpling asphalt walkway on the east side of the Vail Village Inn Phase 3 building. Note that the pocket park was specifically 'intended to be private in order to mitigate the impact of the new Solaris' development, including loitering that was common during the operation of old Crossroads development by young movie theater patrons. As stated in the attached letter, the Association desires that the pocket park remain private as intended in order to have control over its use. Please print, copy and distribute this cover email and the attached documents to town council in advance of the second reading of the ordinance this evening. Let me know if you have any questions. Thank you. Timothy N. Devlin, Esq. Sherman & Howard L.L.C. 1000 S. Frontage Rd. W., Suite 200 Vail, CO 81657 970-790-1605 Direct Dial 970-476-7646 Main Line 303-358-0742 Cell 970-476-7118 Fax Line tdevlin@shermanhoward.com . .....::. . ..::::::... , . , , .:.. ,..,,.........:.....:.:aH:,:.:...:...:.....:..:.:a:.:-:.:.:...:-:aWMFM?oF4.,.::..-: stet THIS MESSAGE IS,=NDED ONLY FOR THE USE OF THE INDIVIDUAL OR EN i 1 i i(TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distributions, forwarding or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by e-mail or telephone at (970) 476-7646 and delete the original message immediately. Thank you. From: Nicole Peterson [mailto:NPeterson@vailgov.com] file://C:\Documents and Settings\Administrator\Loca1 Settings\Temp\XPgrpwise\49107C... 11/04/2008 EABLE CGUWY. Cc 200634299 TEAK. J SIrMTON Q i?L: 591:818. OOC:S:48: i?Ji1I 12118/2066 1 - - 1 i - T 1 ( 0 ¦ - e 1 - - ° d - L CROSSROADS DEVELOPMENT AGREEMENT THIS CROSSROADS DEVELOPMENT AGREEMENT (this "Agreement:) is-made effective as of the.25ei day of July, 2406, by and between the TOWN OF VAIL, a municipal c,,.r..,LAon duly organized and existing under and by virtue of the laws of the State of Colorado (the "Town"}, and CROSSROADS EAST ONE, LLC, a Color*.Jimited liability cW.. ?...f . (KCros). RECITALS: A. Cro.+?.?ads i-- ..ds.tD redevelop certain real property in the Town.of Vail, commonly known as Cm..,ds at Vail, `which is located in Special, Development District No. 39, legally d:......bed on . Exhibit A attached and incorporated 1....;,:.. by .?? ..;;..Ce (the "Property'). B. 'The Town, tluough its r.?...:ate boards and reviewing agencies, including its Planning and En- -..:..entai Coinmissian, has a r:..'ved glans to allow for tbe redevelopment of the Property pursuant to -Crossroads Project"). C. Pursuant to the Crossroads Ar r. W - MIS, hereinafter defined, and to further mitigate the impact of the Cw .+.,, ds Project, Crossroads has agreed to provide c." public benefits' and improvements as more specifically described and defined herein. NOW, THERFORE, in consideration of the above premises and the mutual covenants ..and a6. ,.,..eats set forth herein, the ?.Les agree as follows: L lte?:n :ces : to. the Crossroads A-1- uals. The "Crossroads shall refer to those,plans, specifications.and agreements. _,r.oved by the Town for the Crossroads Project The "Final Plans" include the plans red as part of Town of Vail Ordinance No.5, Series 2006, plans arrr11ved by the. Town's Design Review Board (the "DRFI,-and construction plans &.r.oved in Ir„ --ection with any building r:....it 2. Reauired L:.t...'.. mments^-Allocation of ResnonsibiliM The parties hereby agree that if Crossroads obWns a building permit and commences construction of the. Crossroads Project, Crossroads shall be responsible for the following improvements as more specifically set forth below (the "Required Improvements"): a. Public Improvements: Pursuant to the Crossroads A,,,.. vals, Crossroads is responsible for designing, installing and constructing (as applicable). the following improvements, as depicted on the Final Plans (the "Public Improvements"): i. New heated paver sidewalks along the south side. of south T..,..tage Road, the. north side of East Meadow Drive, and the west side of Village Center Road. ' ii. New curbs and gutters. along South Frontage Road, East Meadow Drive, Willow Bridge Road and Vrlfage Center Road. j O? ?,1ek f 200694299 1 OF 18 ?r iii. A new raised median in South 7.,,.,.ge Road with new lands materials and irrigation facilities. iv. Street lighting, as by the DRB, on South r.-.-Iage Road, East Meadow Drive, Willow Bridge Road and Village C`...,;,. Road. v. Storm drainage i,4 r cements adjacent to the Property and along South Frontage Road, Fast Meadow Drive, Willow Bridge Road and Village Center Road to adequately convey storm-,, 4"-" runoff. vi. Reconstruction of Village Center Road, including the insWIahon of heat tubing for connection by the Town to a Town heat source, the connection to the last all costs of providing the heat source, the maintenance of the hat source and heat tubing, ....L, allocated for heating Village Center Road, landscape m?.?:..Ws, construction of a utility conduit trench system, street li,-;: 9, concrete unit pavers and the required subsurface , .1 systenn. Crossroads shall be .:,.?..,..sible for h"-.,,g Village Center Road for the life of Special Development District No. 39, Crossroads (the "SDD"). vii. Reconstruction of East Meadow Drive and Willow Bridge Road, including the installation of heax tubing to be made available to the To.... for future connection by the Town to a Town funded heat source (not yet det;,.:...:, ,J), landscape m,I,,-:als and planters, conot,"Xon of utility conduit trench sy..I--, lighting, con.,. -L- unit pavers and the required subsurface support sy.,(--.. viii. Crossroads shall be .:,?ronsible for the heat and snowmelt f ilities, including the heat plant and heat distribution system, l .,y..:red for the sidewalks along the s, side of South Frontage Road, the north side of East Meadow Drive and the west side of Village C:a.::.. Road, the Plaza (as hi-,; ..after defined), other walkways within the ,3 and the oar,,'.,..g and maintent.-, of such facilities. N.I: i o Il.s.s..?IIg the foregoing, C..,..,r may install and the heat plant and heat distribution sya."- in locations sa buy to Crossroads, in its ordinary business judgment, in such area(s) as are specified on the Final Plans. ix. Cm..,mds shall be .. ,rnsible for irrigating and maintaining all landscape areas and plant materials within the public right-of-way directly Aac a nt to the eas,...,inost portion of the Property, as depicted on the Final Plans. b. Other Required Imp.,, ;,menu: Pursuant to and in ac-,,.Z= with the Crossroads Approvals, Cro.,.mo"ds is also .,,jr..iasible for consL,.,.::ng, op",4: and maintaining (as applicable) the following !ements: L Public Plaza: The Croa".-As Project includes a plaza of 24,130 sq. R (the "Plaza"Once construction of the Crossroads Project is complete, as evidenced by the issuance of a temp,,.". j .,v..L;Acate of occupancy, and subject to the additional teens and conditions contained herein, Cross.,,mods or its shall transfer, assign or otherwise convey to the Town (or a Town-,,,,.. Aed 1270943 2 200634299 2 OF 18 _tULA 215%. 2606 limitation, the Movie Theater and Bowling Alley, to be owned and operated as a unified c,..Y....ercial ent;..t,.:se ("Una Commercial Enterprise ") for the life of the SDD. g. Coni,,,.bdum Covenants, Conditions and Restrictions. Prior to the W,,,.val of the final plat and condominium map for the Crossroads Project,. the Town shall review and r? .. ie the Condominium Covenants, Conditions and Restrictions (the "CC&R's) for the Cro.I,.U.Zs. Project. Crossroads shall be repaired to include in CCA:Ws; or other ,,p-.griate __Aominium document(s), provisions allowing- public activities and events on or about the Plaza in con;-.u,anve with pro visions of this A,& . li Parking Man-6.... Befare applying for a building r;;,,..it for the. Crossroads Project, Crossroads must submit and the Town Council must , . ee a parking management plan (the "Parking Management Plan") which sets forth, in sufficient detail, the 1,%-eased use, - operation and mana,?;.a...ant ,of the parking facility planned in connection with the Crossroads Project (the "Parking Facility-). The Town Council shall approve the Parking Management Plan so long as it is reasonably calculated io,,(i) maximize the use and. V---pancy of the Parking Facility, and that spaces. not used by owners of residential condominium units or, by commercial tenants or owners are available to the general public LO the .;,,test extent possible. Such a?r.? gal shall .not be `:... rasonably withheld or delayed- i. Inwovements to Vail Village Inn Prase 3 Property. Pursuant to the Site Plan, Crossroads shall provide the following improv" .. s to the Vail Village bn Phase 3 V"Verty, it and' only it allowed by the Vail . Village Inn Phase 3 Condominium Association (the "Association'). If. the Association does -not agree to the improvements as proposed by Crossroads and the easement documentation required by Crossroads to evil;,..,,;, same, then Crossroads is h,_,IJ relieved of any requi_Ii.A ,Q ,.. io provide said improvements. 'Crossroads proposes to fund, install, and construct (as applicable) the following improvements; i. Four (4) large trees (24' in height) will either be relocated or planted new in the area. indicated on the Final Plans, subject to di.,...?:on on the exact location provided by the Association. Continued maintenance of these shall be the ??,or,?:bility of the Association; ii. A private pocket park is to be ?,?: wed in the area shown on the site plan partially located on the . , r arty of the Association and u.: ally on the Crossroads The park will contain lan..,E area, walkways, benches, and plant m.L..Ws including as ,. W ,ased by Crossroads: Crossroads will fiend the construction of -these '.,.,i . ? 6,emenis. The individual property -owners will be .,-Bible for continued m,.:..-1,.".,ce of the improvements. Each owner wilt maintain the improvements within hislher k; r arty, and iii. The stairs indicated on the site plan will be converted to an ADA accessible ramp that extends onto the he. property of the Association: -Crossroads will fund the construction of these improvements, but c„. ...led mat.,_ance of the A l? 1270943 200634299 7 OF 18 7 .t U I N 25, NN16 improvements willbe the .,;-4r,,..sibility of the individual properly owners. Each F, Vy"+ j owner will maintain the im,..;,' y ements within his/her r. r arty. j. Crossroads shall dedicate a non-exclusive public access ea&r....:...t on "the west side of the Crossroads Project connecting the Vail Village Inn Phase 3 to Past Meadow Drive and the Plaza, as depicted on the Final Plans. 3. Snecial Taxinu Districts and Public Ffiianrp The parties intend that the construction, use, operation and m,:W..?:..ance of the, Public Improvements and certain other Required I..r,. Y vements will be governed by and financed through the of one or ....;, ...:;.L.,,alitan districts, established pu wdant to C.R.S. § 32-1=101 et seq. (the "Special D trio Act"), and a single district, established pu..s..a..? to C.R.S. § 31-25-101 et seq., as more ..p._;fically described and defined below (collectively, the Tracing District?) . The parties believe that this structure will: (a) r...,,:..ly allocate the various riglits-and ..,4r1.,.Ahilities associated with the construction, use, operation and.maintcnof the Required Improvem;,..:.>, (b) reinforce the public character of the Plaza by. placing its management in the hands of public, quasi-go, ;k......zntal entities; (c) 6 ,,:.:t the Tows authority to %0...4ti.1 the use of-the Plaza and the,Yr ",-Lon and of certain other Required Improvements; and (d) provide a. reliable; enduring financing mechanism to enstae the long- term vitality of the Required L..r tenants. For , .r; ses of this Section 3, refs.-."ces to the "Required ovements" shall mean only tfrose Required It..,,.„ vemnrts that qualify for public financing under Colorado law. In consideration of the foregoing, the parties agree as follows: a. The. Town will ,.:.....it and provide requisite tx s, , ials for the r,......Y4on of not... than two metropolitan districts proposed by Crossnvad.% whose boundaries will be coextensive with the (the, "Metropolitan Districts"). The service plan for the Metropolitan (the "Service Plan"} will. authorize the Metropolitan Districts to undertake the vaastruction, financing, and msacnw-?:..y.ce of the Required Improvements, or applicable portions the.. T. In addition, the Service Plan will limit the A?t_Ll ,.olitan Districts' powers to: (i) constructing the Required L..,.,v*Q..eats; 01) and.maintaining all Required I..i,,,Y,iements not op .W-.,.1 and by the GID (L;..;,:..11: defined), as more specifically set forth below; (iii) ".,...:ng financing necessary to p.L_ such fun.:,....,, through the imposition of ,..?Yerty taxes and devel.Y, j ,._;..t fees, and (iv) taking such. other actions and exercising such other powers, consistent with the Spacial District Act, as are necessary for or incidental to the performance of the M-..,.,.olitan Districts' duties as outlined in the Service Plan. b. Concu..:...: with and subject to the L . - ation of the Moo.,,, Titan Districts for the oses contemplated li_,....,ler, Crossroads will ex:..._to,a petition for the f,,...."'Con of a single general i , x. ,; . =ent district, whose L . _,Jaries will be coextensive with the Property limits (the "GID'. The GID will be authorized to. undertake, ,,....,.tant to an mt: ,&., r:..-.....ental agreement with the Metropolitan Districts (the "IGA" ), the management, operation and mai,,:?..ance of 6:,.14:.. Required Improvements and the financing required in con.,,i_ :on tL:.::. rith. The IGA will limit the GID's powers to: (i) c„.u.vlling the use of the Plaza; (u) ..i,:::.t4?_g and maintaining „.,,.,air 1270943 200634299 8 OF 18 7-J ?a. ?. ?. YGl - (V v - ?. Village Inn Plaza, Phase III, Condominium Association, Condominium Association, 100 East Meadow Drive, Vail, Colorado 81657 Protection of Trees along VIP, Phase III, Property Line with Solaris:: During the development of the plans for the Solaris project; the Town of Vail (the Town planning personnel and the Town Council) assisted: VIP, Phase III, in giving some degree of protection to the large trees adjacent to Solaris on the southeastern part of the VIP property line with Solaris from destruction or removal during Solaris construction. The Town did not give protection to the trees on VIP property along the northeast part of its property line - these trees were removed early in the Solaris construction. During the Solaris planning process, VIP, in working with Solaris and the Town, . made it clear that the by-then-degraded asphalt-on-soil (no foundation) pathway beside the southern line of trees would be removed,_ and that the new path system to be constructed by Solaris (the connecting steps. to VIP, Phase III, and the walkway'from the exit for the Solaris movie theaters to East.Meadow Drive- parallel to and but a very short distance from the old VIP asphalt path) would be a sufficient pedestrian linkage of VIP upper level commercial areas to Solaris commercial areas and to East Meadow Drive. There was at,that time no interest expressed by the Town in the retention of the degraded old asphalt path. VIP's main interest in the removal of the old asphalt walkway ,(made dangerous, by the upward growth of the tree roots, making a number of three to four inch high raising and cracking areas in, the asphalt path) was to provide a less impaired growing situation for the trees. Due to work by.Solaris during its early construction, much more of the tree roots near Solaris have been cut than was originally envisioned, at least by those at VIP, making the provision of a better growing situation on the trees` western side by the asphalt path a very. important priority. At the time of the Solaris planning process when removal of the old asphalt path was discussed/ VIP was not informed by the Town that any PZ11_t fission for its removal to help to save the large trees would be needed. There 1 was also not. any concern expressed by the Town, at -the prospect of removing the old asphalt path as an access to East Meadow Drive since. the new paths to be provided by Solaris (only a very short distance away) would give sufficient East Meadow Drive access. Handicapped Accessibility to East Meadow Drive: The Town of Vail said nothing about and took no action on any handicapped accessibility matters having any relationship to VIP,' Phase III, during the Solaris planning process. As a matter of fact, it was VIP people who requested, with full knowledge -of Town planning people, that a possible handicapped accessible connection between VII' and Solaris be examined to replace a series of steps which had been planned by Solaris as the connecting element. The Solaris architects looked at this possibility and concluded with VIP and Town planning people that there was insufficient space (using primarily VIP property) for a - handicapped access connection Should the Town have been interested in some outdoors handicapped access from the upper level VIP commercial spaces to East Meadow Drive, such a connection could more readily have been planned during the approval process for the new Vail Plaza Hotel. Handicapped access between the upper commercial level of VIP (also the south terrace or outdoor plaza level of the Vail Plaza Hotel) and East Meadow drive is currently available by entering the hotel on its plaza and pool level, taking the interior elevator, down one floor, and exiting at the hotel's entry lever and taking the path between VIP, Phase V (by the Mountain Dog store) and the liquor store on the property of yet another VIP condominium association. Please note that Village Inn Plaza is several pieces of property, all different legal entities, and not a single one. The So-Called "Pocket Park" between VIP, Phase III, and Solaris : 2 r The sole purpose of the so-called "pocket park" to be constructed by Solaris, practically all on VIP, Phase III, property, is to provide a place for a water feature (to run in the warmer months only) designed to maximize the sound of falling or splashing water to try to mitigate the traffic sounds from I-70 and the South Frontage-Road, which may well increase in audibility due to the possible "echo chamber" like very close space between VIP and the new Solaris building. The agreement to build this is one entirely between VII', Phase III, and Solaris, and is not in any way a part of the public "benefits" which Solaris was required to provide in-exchange for its having been granted Town of Vail p«..sssion to exceed various height, set back, and other requirements on its property. The water feature area is not an area designed for general public use and accessibility, and VII', Phase III, does not plan to grant "public access" rights to the water feature area on its private property adjacent to its residential units. In summary, the "pocket park", is a "private green space" with a water feature, the purpose of which is to absorb and mitigate sound and screen 'one.building from another. D. Deane Hall, Jr. President, Board of Managers November 4,. 2008 3 RESORT MARKET BASE SALARY INCREASES 2003 2004 2005 2006 2007 2008 Forecast 2009 ASPEN 4% 4% 4% 5% 54% 5.5-6% 6% AVON 0% 5._5% 4% 5% 8% 60/6 5% DRECKENRIDGE 5% 3% 4% 4.5% 4.5% 5% + adj 6% EAGLE COUNTY 3% 3% 4% 5-10% 5% 5% 10-12% (7.8%avg) PITKIN COUNTY 4% 4% 40/6 4% 4% 3%mkt + 6% 4% STEAMBOAT 5% 4% 4% 5% 5% 5% $500k (s%) + SUMMIT 4% 3.2%. 6% 5% COUNTY AVERAGE 3:8%% Ir4:3%?, v3° VAIL 2.5% 3.25 4% 4% 5% 6.5% 5.25 x.75 '/g o -? E?p 5% 5% 5% (HOLD) 4% 6.4%a !(4.9°/ 6% Summarv. Town of Vail has been deficient to the market average since 2003. To compete in the resort municipal market and to support our pay philosophy, TOV should be exceeding the market average for the next several years, then matching the market average over the long term. 1?/Q,Lu1...rJ ?ca dS bv7 Nicole Peterson - Colondo Company SDD Amendment Applicatio - Conditions of ?• `?•? Approval From: "Devlin, Timothy N.", To: "Nicole Peterson" Date: 11/04/2008 4:48 PM Subject: Colondo Company SDD Amendment Application - Conditions of Approval CC: "Matt Mire"-, "Warren Campbell" , , "Josef StaufeY' , "Jonathan Staufer" , "George Ruther" Attachments:. "Matt Mire" , "Warren Campbell" , , "Josef Staufer" , "Jonathan Staufer" , "George Ruther" Hi Nicole; Please see the attached Crossroads [Solaris] Development Agreement, Section 21, -Improvements to Vail Vi//age Inn Phase 3 Properly (pgs 7-8),' regarding the obligations of "Crossroads to fund, install and construct: (ii) -a Drivate pocket park... partially located on the property of the Vail Village Inn Phase 3 Condominium Association, and (iii) [t]he stairs indicated on the site plan will be converted to an ADA accessible ramp that extends onto the property of the Association. Crossroads will fund the construction of these improvements..." With respect to both of these items (pocket park and ADA ramp), I've also attached a copy of the letter that the Association submitted to the Town yesterday in connection with the Association's DRB application for the removal of the crumpling asphalt walkway on the east side of the Vail Village Inn Phase 3 building. Note that the pocket park was specifically intended to be private in order to mitigate the impact of the new Solaris development, including loitering that was common during the operation of old Crossroads development by young movie theater patrons. As stated in the attached letter, the Association desires that the pocket park remain private as intended in order to have control over'its use. Please print, copy and distribute this cover email and the attached documents to town council in advance of the second reading of the ordinance this evening. Let me know if you have any questions. Thank you. Timothy N. Devlin, Esq. Sherman & Howard L.L.C. 1000 S. Frontage Rd. W., Suite 200 Vail, CO 81657 970-790-1605 Direct Dial 970-476-7646 Main Line 303-358-0742 Cell 970-476-7118 Fax Line tdevlin@shennanhoward.com THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR EN i i i Y TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distributions, forwarding or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by e-mail or telephone at (970) 476-7646 and delete the original message immediately. Thank you. From: Nicole Peterson [mailto:NPeterson@vailgov.com] file://C:\Documents and Settings\Administrator\Local Settings\T,,.y\XPr,.t,wise\491.07C... 11/04/2008 EAGLE COUNTY. Ca TEAK J 31HWON 209p634299 REts 58 :88 DOCa23.48:1?AM 12r 10! 2?0? CROSSROADS DEVELOPMEI4'I` AGREEMENT THIS CROSSROADS DEVELOPMENT AGREEMENT (this "Agreement') is made effective as of the 25`' day of July, 2406, by and between the TOWN OF VAIL, a municipal .,?.,V,,.4tion duly -.b ..:zed and existing under and by virtue of the laws of the State of Colorado (the "Town % and CROSSROADS EAST ONE, LLC, a Colorado limited liability c„..."..f ("Crossroads'). / RECITALS: A. Crossroads i.."As to redevelop certain real ,,..,,,erty in the Town of Vail, commonly known as Crossroads at Vail, which is located in Special Development District No. 39, legally described on Exhibit A attached hc.c.w and incorporated herein by reference (the "Property") B. The Town, through its app..,,,.;Ae boards and reviewing agencies, including its Planning and Environmental Commission, has approved plans to allow for the redevelopment of the Property vwa4am to .a 3 "Crossroads Projectl- C. P1..,...a.t to the Crossroads Aj r,,? rals, hereinafter defined, and to further mitigate the impact of the Crossroads Project, Crossroads has ae.,._i to provide certain public benefits and improvements as more specifically described and defined herein. NOW, THERFORE, in consideration of the above p."..:.,;,s and the mutual covenants and agreements set forth herein, the j,,_ Les agree as follows: 1. R6..res to the Crossroads A_,..,:. pals. The "Crossroads Approvals" shall refer to those .plans, ,t,:,..:fications and agreements ?r red by the Town for the Crossroads Project The "Final Plans" include the plans %,r.,, ved as part of Town of Vail Ordinance No.5, Series 2006, plans &,rYv?ed by the Town's Design Review Board. (the "DRB'J, and construction plans ,,v. ,red in connection with any building,..:..-A 2. Reouired I.. _. mments-Allocation of Resoonsibility. The r,.,.:es hereby agree that if Crossroads obtains a building permit and commences construction of the Crossroads Project, Crossroads shall be responsible for the following ;..w-,-,+ements as more specifically set forth below (the "Required Improvements"): a. Public Improvements: Pursuant to the Crossroads Approvals, Crossroads is .w,??,nsible . for designing, installing and constructing (as applicable) the following improvements, as depicted on the Final Plans (thee "Public Improvements"): L New heated paver sidewalks along the south side of south r'.v..k ge Road, the north side of East Meadow Drive, and the west side of Village Center Road. ii. New curbs and gutters along South Frontage Road, East Meadow Drive, Willow Bridge Road and Village G,..u.. Road: f ei' o-? 200834299 1 OF 18 .it`L 15,219k, iii. A new raised median in South Road with new landscape materials and irrigation facilities. iv. St..:.' lighting, as approved by the DRB, on South f'..,..iage Road, East Meadow Drive, Willow Bridge Road and Village Center Road. v. Storm drainage L..... Dements adjacent to the Property and along South T:. ge Road, Fast Meadow Drive, Willow Bridge Road and Village Center Road to adequately convey storm- ,oe,4 . runoff. vi. Reconstruction of Village C.:..o... Road, including the installation of heat tubing for c.,....;,...on by the Town to a Town heat source, the to the heat source; all costs of providing the heat source, the maintenance of the heat source and heat tubing, costs allocated for &..,;..g Village C."-" Road, landscape materials, construction of a utility conduit trench system, *t :.:;2 li'; 2 , g, ....?::?? unit pavers and the required subsurface s ; r r rt s},?G:a... Crossroads shall be .;,.ansible for h:..l:..g Village Center Road for the life of Special Deveiopm;....i District No. 39, Crossroads (the "SDD"). vii. Reconstruction of East Meadow Drive and Willow Bridge Road, including the installation of heat tubing to be made available to the Town for future - . , , ection by the Town to a Town funded head source (not yet de ,.A-:..ad), lands,6t ,.;, materials and planters, con y:..,.on of utility conduit trench s- lighting, concrete unit pavers and the required sub.,-f = support S3sl:..... viii. Crossroads shall be . ?ronsible for the had and !melt facilities, inching the heat plant and heat distribution s}..; o..., :.,,-:red for the sidewalks along the south side of South Frontage Road, the north side of East Meadow Drive and the west side of Village Center Road, the Plaza (as h;..:.:..?.fter defined), other walkways within the Property boundaries, and the on,&.:.,g and m L'-' ".ance of such facilities, Notwif_.,'..,ding the f.,.;.?g, C... ?., ads may :.? and the heat punt and heat distribution sy.+4:.... in locations satis&_. ,_j to Crossroads, in its ?.X.,ary business jadgunent, in such area(s) as are .r..- fled on the Final Plans, ix. shall be."V..nsi`ble for irrigating and all landscape areas and plaint mai,.:als within the public right-of-way located JL,,..dy to the eastern-nwd portion of the Property, as depicted on the Final Plans. b, Other Required i;,?y" ,,?rrts: Pursuant to and in ac.....!jnce with the Crossroads A,,,. ials, Crossroads is also r.;,?r „L.sible for providing, constructing, .,r ;..,Iing and maintaining (as applicable) the following improvements: L Public Plaza: The Cm?,..,...,:.s Project occludes a plaza of .? r?,,..'?..o::?ly 24,130 sq. ft. (the "Plaza" ). Once construction of the Crossroads Project is c.lete, as evidenced by the issuance of a temp.,.,.) c;, acate of ocxu.e,..cy, and subject to the additional terms and conditions c....."...ed herein, Cro.,..«ds or its desit,-.. shall transfer, assign or odwrwise convey to the Town (or a Town-...,.L Led 127094 3 2 200534299 2 OF 19 I - .ill=:l ??. 21406 limitation, the Movie Theater and Bowling Alley, to be owned and operated as a unified commercial ent..r.:se ("Unified G,.,?.,.ercial Enterprise "} for the life of the SDD. g. Condominium Covenants, Conditions and Restrictions. Prior to the t t r.,, ral of the final plat and condominium map for the Crossroads Project, the Town shall review and 4rr?., De the Condominium Covenants, Conditions and Restrictions (the "CC&R's") for the Qk..mL ,ads Project. C.,L..,...,ads shall be required to include in CC&R's, or other Grp=?r?:ete condominium documents} provisions allowing public activities and ev ,-.;? on or about the Plaza in con:.,....anve with provisions of this At,,,-..ent h. Parking Management. Before applying for a building k,;..,..!t for the Crossroads Project, Crossroads must submit and the Town Council must 4,,.,.,,e a parking management plan (the "Parking Management Plan") which sets forth, in sufficient detail, the .,rased use, operation and management of the puking facility planned in connection with the Crossroads Project (the "Parking Facility"). The Town Council shall art,. „ve the Parking Management Plan so long as it is reasonably calcu]ated to (i) maximize the use and occupancy of the Parking Facility and (ii) ensure that spaces not used by owners of residential condominium units or by commercial tenants or owners are available to the general public to the greatest extent possible. Such %,V...,d shall not be .?.- rasonably withheld or delayed. i. Improvements to Vail Village Inn Phase 3 Property. Pursuant to the Site Plan, Crossroads shall provide the following improvements to file Vail Village Inn Phase 3 r..,rtrty, if; and only it allowed by the Vail Village Inn Phase 3 Condominium Association (the "Association'). If the Association does not agree to the i..:r. „ vements as proposed by Crossroads and the easement documentation required by Crossroads to evidence same, then Crossroads is hereby relieved of any requirement to provide said improvements. Crossroads proposes to fiord, install, and construct (as applicable) the following :'-k"'u Dements: z Four (4) large 0 (24' in height) will either be relocated or planted new in the area indi.,a4:.1on the Final Plans, subject to direction on the exact location provided by the Association. Continued maintenance of these trees shall be the ...*t,onsibility of the Association; ii. A private pocket park is to be -, .:- Itd in the area shown on the site plan partially located on the r ..,m ty of the Association and partially on the Crossroads r...:..?y. The park will contain landscape area, walkways, benches, and plant ma:,?:als including trees as t,osed by Crossroads Cro..,-ads will fund the construction of these cements. The individual -,erty owners will be responsible for continued m..:.tW;.,ance of the L,l,:„ Dements. Each owner will ma:.Aa:n the improvements within his/her property; and iii. The stairs indicated on the site plan will be converted to an ADA accessible ramp that extends onto the r..,earty of the Association. Crossroads will fund the construction of these improvements, but c.....:..aed maintenance of the w 1270%3 200634298 7 OF 18 improvements will be the responsibility of the individual r r arty owners. Each r..,k "L., owner will maintain the imp.., cements within his/her j. Crossroads shall dedicate a non-exclusive public a,,..,..,, easement on the west side of the Crossmads Project conn,...::..g the Vail Village Inn Phase 3 to East Meadow Drive and the Plaza, as depicted on the Final Plans. 3. S..:-'al Taxing Districts and Public F" - The parties that the a,....,L cdon, use, op:..,l:on and - .:.once of the Public L..r..r nments and L,.:.in other Required L..t.. ,,velnents will be governed by and financed t'.,. , , gh the .,.,,,L:on of one or more districts, established pursuant to C.R.S. § 32-1-101 et seq. (the "Sbecial District Act"), and a single general-:...."v.,ement district, established r...4mm to C.R.S. § 31-25-101 ea seq., as more specifically described and defined below (collectively, the "Special Taxing DisMcW) . The , .... Ses believe that this structure will: (a) r. „r "ly allocate the various rights and responsibilities associated with the c.r..,t...ction, use, operation and maintenance of the Required L..p.'- ?em;..A;,, (b) reinforce the public character of the Plaza by placing its management in the hands of public, quasi-go% :.......ental :...t:::es; (c) ;y,...2 the Town authority to c.,..?...1 the use of the Plaza and the „r, _4Lon and mai..-&nce of certain other Required Improvements; and (d) provide a reliable, enduring financing mech".A'WU" to ensure the long term vitality of the Required L..,,. vements. For purposes of this Section 3, re."r..,,..oes to the "Required Improvements" shall mean only those Required I...r, „yements that qualify for public financing under Colorado law. In consideration of the fu.,-Soing, the tea. l:: s agree as follows: a. The Town will permit and provide requisite .. rals for the formation of not m,..;, than two m;._.tq_)litan districts j. 1. , r,6 sed by crossroads, whose boundaries will be coadensive with the Pra: f limits (the "Metropollian DL......s"). The service plan for the Me_.. r, Titan Di,L'A'6 (the Plan") will authorize the Mel..,,,.,.litan Districts to undertake the constru.Z.., financing, ?.p.ation and maint:.-lee of the Required Improvements, or applicable portions thereof. In addition, the Service Plan will limit the Metropolitan Districts' powers to: (i) c....,l.acting the Required I.. ?emr...l,, 6r1 and all Required I... t,:,., ? not op:,."t-YJ and by the GID (hereinafter defined), as more ,r,-ifically set forth below-, (dui) securing financing necessary to perform such functions through the imposition of ",,party ta.?:,a and devel. ,, .._ent few; and (iv) taking such other actions and exercising such other powers, consistent with the S. , :...:.:1 District Act, as are necessary for or incidental to the rw.f.,....ance of the Metropolitan Districts' duties as outlined in the Service Plan. b. C.....,.... w.? with and subject to the ' , _, ation of the Metropolitan Districts for the purposes contemplated h:..,.+ ,Jer, Crossroads wM ex;,. L. a petition for the fv... ation of a single general-i i.... ?ement district, whose L -Aaries will be r...;:..t>c..sive with the Property limits (the "GID' . The GID will be authorized to undertake, ru.,..ant to an int_t,. ?:......ental agreement with the Metropolitan Districts (the "IGA"), the management, operation and maintenance of certain Required Improvements and the financing required in t:?" :. rith. The IGA will limit the GID's powers to: (i) controlling the use of the Plaza-, (n) ...k_,..:ng and staining c.,..a:n 127094 3 g 200634299 8 OF 18 ?f ? em ?V??? S.essiaV, Village Inn Plaza, Phase III, Condominium Association, Condominium Association, 100 East Meadow Drive, Vail, Colorado 81657 Protection of Trees along VIP, Phase III, Prop:., 1_4 Line with Solaris: During the development of the plans for the Solaris project, the Town of Vail (the Town planning personnel and the Town Council) assisted VIP, Phase III, in giving some degree of protection to the large trees adjacent to Solaris on the southeastern part of the VIP property line with Solaris from destruction or removal during Solaris construction. The Town did not give protection to the trees on VIP property along the northeast part of its property line - these trees were removed early in the Solaris construction. During the Solaris planning process, VIP, in working with Solaris and the Town, made it clear that the byAhen-degraded asphalt-on-soil (no foundation) pathway beside the southern line of trees would be removed, and that the new path system to be constructed by Solaris (the connecting steps to VIP, Phase III, and the walkway from the exit for the Solaris movie theaters to East Meadow Drive- parallel to and but a very short distance from the old VIP asphalt path) would be a sufficient pedestrian linkage of VIP upper level commercial areas to Solaris commercial areas and to East Meadow Drive. There was at that time no interest expressed by the Town in the retention of the degraded old asphalt path. VIP's main interest in the removal of the old asphalt walkway (made dangerous by the upward growth of the tree roots, making a number of three to four inch high raising and cracking areas in the asphalt path) was to provide a less impaired growing situation for the trees. Due to work by Solaris during its early construction, much more of the tree roots near Solaris have been cut than was originally envisioned, at least by those at VIP, making the provision of a better growing situation on the trees' western side by the asphalt path a very important priori ty. At the time of the Solaris planning process when removal of the old asphalt path was discussed, VIP was not informed by the Town that any p--,.iisssion for its removal to help to save the large trees would be needed. There 1 v was also not any concern expressed by the Town at the prospect of removing the old asphalt path as an access to East Meadow Drive since the new paths to be provided by Solaris (only a very short distance away) would give sufficient East Meadow Drive access. Handicapped Accessibility to East Meadow Drive: The Town of Vail said nothing about and took no action on any handicapped accessibility matters having any relationship to VIP, Phase III, during the Solaris planning process. As a matter of fact, it was VIP people who requested, with full knowledge of Town planning people, that a possible handicapped accessible connection between VII' and Solaris be examined to replace a series of steps which had been planned by Solaris as the connecting element. The Solaris architects looked at this possibility and concluded with VIP and Town planning people that there was insufficient space (using primarily VII' property) for a handicapped access connection. Should the Town have been interested in some outdoors handicapped access from the upper level VIP commercial spaces to East Meadow Drive, such a connection could more readily have been planned during the arrL oval process for the new Vail Plaza Hotel. Handicapped access between the upper commercial level of VIP (also the south terrace or outdoor plaza level of the Vail Plaza Hotel) and East Meadow drive is currently available by entering the hotel on its plaza and pool level, taking the interior elevator, down one floor, and exiting at the hotel's entry level and taking the path between VIP, Phase V (by the Mountain Dog store) and the liquor store on the property of yet another VIP condominium association. Please note that Village Inn Plaza is several pieces of property, all different legal entities, and not a single one. The So-Called "Pocket Park" between VIP, Phase III, and Solaris: 2 The sole purpose of the so-called "pocket park" to be constructed by Solaris, practically all on VIP, Phase III, property, is to provide a place for a water feature (to nun in the:warmer months only) designed to maximize the sound of falling or splashing water to try to mitigate the traffic sounds from I=70 and the South Frontage Road, which may well increase in audibility due to the possible "echo chamber" like very close space between VIP and the. new Solaris building. The agreement to build this is.one_entirely between VIP, Phase III, and Solaris, and is not in anyway a part of the public "benefits" which Solaris was required- to provide in exchan ge for its having been granted Town of Vail p«??Lission to exceed various height, set back, and other requirements on, its property. The water feature area is not an area designed for general public.use and accessibility, and VIP, Phase III, does not plan to grant "public access" rights to the-water feature area on its private property. adjacent to-its residential units. In summary; the "pocket park", is a "private green space" with a water feature, the purpose of which is to absorb and mitigate sound and screen one building from another. D. Deane Hall, Jr. President, Board of Managers November 4, 2008 3 • Examine changing trends in the state's economy and workforce trends and meld these issues into the work of the Municipal Issues and Trends Committee. • Continue to monitor activity affecting telecommuni- cations regulatory authority. CIVIL has been very involved in this issue both in the legislature (i.e., the defeat of HB 07-1222, the video entry bill) and at the federal level (i.e., our amicus work regarding the recent FCC order on this topic.) • Continue to implement tax simplification measures with business interests and participate in ongoing meetings with the groups representing municipal sales tax auditors and administrators, along with the Tax Policy Committee of the Colorado Association of Commerce and Industry. To be a part of the Municipal Issues and Trends Committee, contact CIVIL at bmajor@cmi.org or call 303-831-6411. Staff: Sam Mamet (smamet@cml.org), Geoff Wilson (gwilson@cml.org) and Mark Radtke (mradtke@cml.org). Water The League's Water and Wastewater Issues Committee, chaired by Glenwood Springs Mayor Pro Tem and CIVIL Board Member David Merritt, meets regularly and monitors emerging trends and legislative matters affecting municipal water and wastewater interests. CIVIL hosted last fall's Water Conservation Summit that included a visit from Gov. Ritter, who spoke about state and local cooperation towards attainable water conservation programs and goals. We also published a new water and wastewater publication in July 2007. CML's implementation plan includes: • Enhance municipal awareness of the water roundtables by continuing to highlight roundtable activity as appropriate in the CML Newsletter and other venues. • Lobby for new, long-term water and wastewater funding sources at the state level. In 2007, the General Assembly, over our objections, eliminated a $3 million line item for the small community water and wastewater program in the state health department. We also have some opportunities in 2008 for funding this through various changes that might be proposed in the severance tax and federal mineral lease revenue arenas. This will be a major issue for CML during the 2008 General Assembly. • Produce a best practices guide on municipal water conservation. We will be contacting other groups to explore the possibility of partnering on this publication in 2008. Staff: Kevin Bommer (kbommer@cml.org) Transportation Gov. Ritter's Blue Ribbon Transportation Finance Commission, that includes Frisco Manager Michael Penny, will be advocating its recommendations over the months ahead. CML's implementation plan includes: • Develop a strengthened relationship with the Colorado Department of Transportation. • Actively lobby transportation issues at the legislature during this year's session, including the recommendations of Gov. Ritter's commission. • Continue the positive dialogue with Colorado Counties Inc. to secure a greater focus on county/ municipal funding needs. Staff: Mark Radtke (mradtke@cml.org) Conclusion As always, we welcome member input and involvement on these initiatives. CIVIL is committed to providing advocacy, information and training to build stronger cities and towns. We will keep you updated on our progress. If you have an interest, CIVIL Executive Director Sam Mamet would love to come out and visit with your city council or town board sometime this year. We can discuss these initiatives and anything else of interest. It remains a pleasure for all of us here on the League's staff to work for each of you. Contact Sam at smamet@cml.org or 303-831-6411. CML INITIATIVES 1144 Sherman Street Denver, CO 80203 (p) 303-831-6411 (f) 303-860-8175 www.cml.og The Voice of Colorado's Cities and Towns EVER WONDER HOW CML DECIDES'WHICH TOPICS AND ISSUES TO FOCUS ON? One way is through what we call our initiatives. The CIVIL Executive Board has been hard at work finalizing the 2008-09 initiatives that outline the organization's goals for the next two years. Essentially, this is how we plan to serve our members. Throughout the next two years you will see workshops, newsletter and magazine articles, projects and campaigns designed to meet these specific objectives. The initiatives, and some of the ways we plan to accomplish them, follow. Energy sustainability The League's Energy Issues Committee, chaired by Milliken Mayor and CML Board Member Linda Measner, continues to be engaged in legislative issues and policy development. In fact, because of the committee's work, the League was actively involved in several bills addressing renewable energy in the last legislative session, and a new addition to the policy statement was developed last year. CML's implementation plan includes: • Explore substantive partnerships with appropriate state agencies. The Governor's Energy Policy Office, for example, has a number of new initiatives underway. Gov. Bill Ritter released his climate action plan:in the fall, and there surely will be opportunities to partner from a municipal perspective. • Continue to reach out to municipalities interested in getting help on energy sustainability issues. • Plug more into the appropriate policy committees of the National League of Cities around energy sustainability. We will also provide support to Colorado municipal officials involved with NLC initiatives in this arena. • Lobby these issues actively during the 2008 session The League supported five specific bills in 2007 dealing with the issue and all of them passed. We continue to be very involved in any and all discussions concerning severance tax and federal mineral lease revenues. We will provide periodic updates to the Energy Issues Committee, affected municipalities, and to the Executive Board as legislative deliberations evolve. • Add a CIVIL Web site link on municipal sustainability best practices. This will be accomplished in 2008, when the entire CIVIL site will undergo a redesign. We will also explore doing some links with the Governor's Energy Office through their Web site. To be a part of the Energy Issues Committee, contact CIVIL at bmajor@cml.org or call 303-831-6411. Staff: Mark Radtke (mradtke@cml.org), Kevin Bommer (kbommer@cml.org) and Sam Mamet (smamet@cml.org). Civic engagement The Board has expressed a strong interest in improving external communications to key opinion-makers and a desire to raise awareness to the general public on the importance of municipal government. CML's implementation plan includes: • Introduce a new essay contest, "if I Were Mayor.. that will be open to 7th graders statewide. We will recognize these students at this 861h Annual CML Conference with associated publicity. For contest brochures to share with 7th grade teachers and principals in your area, visit www.cmi.org or call CML at 303-831-6411. • Update and distribute Local Look to school districts across the state. Local Look is publication that was developed several years ago in cooperation with other local government associations and provides the first-ever local government curriculum in Colorado. • Develop a campaign to raise awareness of the value of municipal government. This program, to be launched in 2008, is similar to what a number of other state leagues have done. It will offer key messages and suggested materials to be used locally to promote municipal government and it will CML, • • • m • • . The Voice of Colorado's Cities and Towns assist city and town leaders across the state in talking to communities about municipal government. • Continue to explore partnerships and relationships with the counties, school boards and special districts on matters of mutual interest. • Develop stronger relationships with youth commissions and organizations such as the Colorado Parks and Recreation Association's "Teen Team" program. One way will be to co-produce the Teen Team Resource Guide that will list all of the youth commissions in the state. We will also engage youth commissioners more into CIVIL and NLC activities. Staff: Lisa White (Iwhite@cml.org), Sara Reynolds (sreynolds@cml.org) and Traci Stoffel (tstoffel@cml.org). Tax, fiscal policy The Municipal Issues and Trends Committee, chaired by Evans Manager and CML Board Member Aden Hogan, is the key CML committee to examine the future of municipal finance and key trends affecting cities and towns. CML's implementation plan includes: • Build relationships with cities and towns in Colorado that are already doing cutting edge work in this area. We have also had initial conversations with the Colorado Government Finance Officers Association about the level of their involvement. • With new training formats to choose from and continued commitment to quality training, CML's training program served more than 1,000 municipal officials over the past 12 months! BOARD INITIATIVES Every two years, the CML Board develops initiatives to outline CML's goals. The 2008-09 initiatives are: • Energy sustainability • Civic engagement • Tax, fiscal policy • Water conservation • Transportation To learn more about the Initiatives and how CML is working to meet them, visit www.cml.org. NEW THIS YEAR; • Lunch & Learn at the League, introduced in 2007, is a series of programs that gives associate members the opportunity to host educational presentations for municipal members. This year, sessions included traffic calming, the National Environmental Policy Act, compensation trends and self-funded energy efficiency programs. • To better serve our cities and towns across the state, CML now has a toll-free number, 1-866-578-0936. • CML introduced a contest inviting members to submit photos that show how municipal government enhances people's lives. The winning photos are featured in the first-ever Picture Colorado Municipalities calendar. • CML launched two listservs in the past year, one for public information officers and one for finance managers. CML continues to host listservs for municipal attorneys, clerks, managers and HR professionals. • In 2008, CML revived the public information officers group, leading to the first-ever Colorado Communicators Conference in April, co-hosted by Denver Regional Council of Governments, with more than 100 public information and marketing professionals in attendance. • In 2007, CML conducted a survey for feedback from our members. Overall, the results show that CML is regarded favorably by our members. Some valuable suggestions also were made, and CML Board and staff use the survey results to guide efforts and initiatives. • To educate the general community about the importance of Colorado's cities and towns, CML launched the "If I were mayor... ° essay contest. The contest invited 7th graders statewide to share how they would explain the importance of municipal government to kids in their community if they were mayor. • In 2008, CML made a significant investment in new software and related technology to enhance service. Most notably, members will soon be able to access key information via the CML Web site, including an online directory, registration for events and purchase of publications. This technology upgrade also enables CML to accept credit card payments and allow members to update their contact information online. These exciting new features, along with a newly-designed Web site, will be available soon. Prepared by the Colorado Municipal League, June 2008 COLORADO MUNICIPAL FACTS Number of incorporated municipalities: 271 Population (2006 estimates) State: 4,813,536 Municipal: 3,488,643 Municipal as percent of state: 72.5% Range in municipal population: Bonanza City: 14 Denver: 580,223 Municipalities with CML membership: 263 Structure of Colorado municipal governments Structure # Ponulation %ofPon. Home Rule 97 3,150,376 90.3% Statutory 173 337,154 9.67% Territorial Charter 1 1,113 0.03% Number of municipalities with city/town manager or administrator: 168 Municipal elected officials (2006) Mayors, councilmembers, trustees: 1,845 Sources of municipal tax revenue (2004) Total tax revenue: $2,576,657,705 Property taxes: $433,820,003 16.8% Sales/usetaxes: $1,816,164,575 70.5% Total taxes as % of total revenue 62.1% Property tax (2007) Assessed Valuations State: $85.15 billion Municipal: $46.22 billion Municipal as percent of state: 54% Sales tax (2006) Total municipalities levying a local sales tax : 217 Municipalities with self-collected sales tax: 62 Low: 1.0% High: 5.0% Municipal elections (1993-May 2008) Ballot Issues Passed Failed % Passed TABOR Revenue and Spending Changes 435 66 87% Municipal Taxrrax Rate 305 254 54% Municipal DebtlObligation 236 115 67% Term-Limits 106 76 58% Prepared by the Colorado Municipal League, May 2008. i t /y/ o8 2007-2009 ANNUAL REPOKI" CML CML's daily operations revolve around three areas of service to our members: advocacy, information and training. ADVOCACY CML is your voice in the Statehouse and in Congress, employing attorneys and full-time lobbyists, to ensure that municipalities are well-represented in policy decisions. This advocacy takes two key forms: lobbying before the Colorado legislature and acting as amicus curiae in court cases of municipal significance. In conjunction with the National League of Cities, CML also represents the state's cities and towns at the federal level. Legislative activity During the 2008 session of the General Assembly, 83 percent of the bills CML supported were enacted into law; 90 percent of opposed bills were killed or amended in a manner to allow CML to drop opposition. • League staff lobbied successfully to defeat several bills that would have restricted urban renewal and tax increment financing. Staff also worked with Colorado Counties Inc. to pass other legislation that expands and/or clarifies the powers of urban renewal authorities. CML and CCl continue to work together on future legislation to address the inclusion of agricultural land in urban renewal areas. CML and CCI negotiated and passed a bill that allows a 20-year extension for existing Downtown Development Authorities. • Federal mineral lease payments and severance tax distribution were critical issues during the 2008 session. SB 218 redirected some of the FML dollars from the state education fund to higher education capital projects. Cities and counties will continue to see the preservation of their 40 percent share of future FML rents, royalties and earnings. The state distributed $144 million in FML payments in 2006 and estimates for future revenue begin at $165 million in 2009 and go as high as $387 million in 2017. Changes to the Department of Local Affairs direct distribution formula of severance tax revenues to local governments were adopted in HB 1083. Production and permits will now be factored into the formula along with employee residency reports. • An effort to abandon portions of the state highway system to local governments was defeated along with a move tosequire local land use changes to qualify for future CDOT road projects. • HB 1015 clarifies the marketing authority of statutory municipalities with a small change that was critical following a court ruling that the statute allowing "advertising" precluded statutory municipalities from engaging in "marketing" activity. This is an essential tool for municipalities to promote business, tourism and other revenue generating activities for their communities. • Rules proposed by the League were adopted by the Secretary of State to simplify and clarify the process for home rule mail ballot election plan approval. The new rules also clarify how county clerks may loan or rent election equipment to local governments while complying with federally required "chain of custody" requirements. Amicus curiae The League participates as amicus curiae, or "friend of the court," in significant cases before the appellate courts. These decisions apply across the state and can dramatically affect municipal governments by imposing new obligations or limitations on municipal authority. CML attorneys have been involved in the following as amicus curiae: • In Town of Marble v. Darien, the Colorado Supreme Court agreed with the Town and CML, declining to give agenda posting requirements in the Colorado Open Meetings Law a restrictive reading, and reversing the Court of Appeals. The Court also declined to require such postings to specifically forecast the action to be taken by the public body. An adverse decision in this appeal could have significantly affected government operations in Colorado. • In a case that illustrates how staff members advocate their issues in both the legislative and the judicial branches, the League has joined the Town of Telluride in challenging the constitutionality of a state statute prohibiting condemnation of extraterritorial property for parks and open space purposes. League lobbyists vigorously opposed adoption of this law during the 2004 session. This case, San Miguel Valley Corp. v. Town of Telluride, is awaiting a decision by the Colorado Supreme Court. • The League also recently filed a brief in the Supreme Court in the case of Donny Construction Inc. a Denver Water. In this appeal, we are asking the Court to not permit a form of contract damages that would threaten the viability of critical performance bonds in municipal construction projects. This case is awaiting oral argument. INFORMATION CML provides our members with in-depth information by publishing several,books each year, as well as overviews on current issues and trends with several periodicals. At the beginning of 2008, CML introduced a refreshed look to all of its publications. New titles • Energy management and conservation: Best practices for municipalities describes energy management and conservation programs in several Colorado cities and towns. • Theory informing practice provides abstracts of various master's projects in the politics and public policy program at the University of Colorado - Denver's political science department. • 2008 Teen Resource Guide was published with the Colorado Parks & Recreation Association, as the source for municipal youth programs in Colorado. Updated publications • Laws Enacted annually presents selected laws of broad municipal interest that were enacted by the Colorado ` General Assembly. • Financial Conditions analyzes the municipal fiscal health from year-to-year through a CML survey. • Municipal & County Directory & Desk Reference is the yearly source for the contact information of elected municipal and county officials and major department heads; addresses and phone numbers of city and town halls and county seats. • Electronic Annual Compensation Report benchmarks compensation data for nearly 200 municipal staff positions and elected official positions for municipalities around the state. This project has successfully transformed from a paper survey to a streamlined Web-based survey that enables municipal users to create custom reports based on each municipality's compensation data needs. In 2008, more than 100 municipalities and a dozen counties and special districts subscribed to the online system. • The Election Book includes election time lines, recall times, practice tips, forms and answers to commonly asked election questions. This publication is updated biannually. • Water & Wastewater Utility Charges & Practices in Colorado compiles and analyzes information from utilities on water collection, storage, distribution, treatment, tax fees, rates and billing practices, and similar information concerning sewage utilities. Updated every three years. • The Matrix of Home Rule Charters is a resource for existing home-rule municipalities and municipalities considering adopting a home-rule charter. Periodicals • The CML Newsletter continues to keep members up to date on breaking news. This biweekly publication includes news on significant issues that are important to our members, such as grant and loan program announcements and general information on energy, transportation and waste management. • The bimonthly and full-color Colorado Municipalities magazine covers emerging issues and innovations in municipal government. An annual editorial calendar has been formed to address the interests of members. Recent issues have focused on public relations and communications, conservation and management best practices. • The Statehouse Report is published regularly while the General Assembly is in session and provides timely ihformation about pending legislation. TRAINING Based on feedback from the CML membership and the new Training Needs Committee, CML has dramatically ;enhanced the training program in 2007-2008 and expanded into bold new educational formats. • CML continues to grow its online workshop program. Four full-length workshops covered capacity-building topics such as decision-making skills and building great teams. These multi-day programs offer up to five hours of content and live "virtual" interaction with the instructor and fellow classmates across the state. • Traditional in-person workshops this year included our popular Annual Legislative Workshop and Effective Governance for newly elected officials. CML is committed to delivering relevant and leading-edge programs on topics of importance to our members and varied workshop topics included public personnel basics, Colorado's new energy economy and strategic planning. . • A new CML training format, added this year, is a "101 series of Webinars designed to give our members a basic understanding of key municipal functions, policy areas and services. These one-hour programs are delivered exclusively through a live Webinar format, affordably and conveniently. CML 1M Vdn or Colorado's CINn and 7- 1144 Sherman Street Denver, CO 80203 303-831-6411 www.cml.org on the cover. Colorado flag, American flag, CML offices, Agular City Hall, Pueblo City Hall, Buena Vista Town Hall, Rangeley Town Hall. CML 2008-2009 POLICY STATEMENT v CML COLORADO MUMCIPAL LEAGUE.' The Voice of Col Wes and To (1 ? r r??--?ev?° ? I Strong partnership \ \' a with Colorado cities and towns. ` -r 7t ?' I \ , 11 IL 0 r 4 T- 1' I Fvo4PN FALL 1 ,l ' II .? 1DMNfSSMTION ?3 Local control and municipal home rule In order to consider local conditions and address local desires, community issues and needs should be addressed locally. State and federal government interference can undermine home rule and local control. Therefore, the League: • Urges state and federal officials to respect Colorado's tradition of local control and allow municipal officials to address local problems without interference from the state and federal government. • Urges congress and the executive branch to respect the roles and responsibilities of states and local governments and similarly urges state officials to avoid. preempting local authority. Supports state. enabling legislation that provides municipalities with authority and flexibility to address local needs. • Recognizes the desire of the citizens ala'WoAde and in many local communities, with adoption of a constitutional amendment in 1902 and expanded amendments approved in 1912 and 1970, to establish municipal home rule and opposes state action that attempts to weaken home rule authority and flexibility. Intergovernmental cooperation Citizens are best served when officials of federal, state and local government (including municipalities, counties, special districts and school districts) respect the roles of each entity and work toward common solutions. Therefore, the League: • Supports increased dialogue and cooperation among federal, state and local officials and the development of cooperative intergovernmental solutions to common problems. State and federal mandates Programs and regulations mandated by the state or - federal government stretch the financial resources of municipalities. These costs, if not paid by the state or federal government, prevent municipalities from fulfilling local needs and priorities. Therefore, the League: • Opposes unfunded state and federal mandates that impose financial burdens on municipalities and their citizens. • Supports the requirement for the General Assembly and Congress to reimburse municipalities for the cost of state mandates, and to make more dear this requirement in state fiscal notes prepared for the General Assembly and Congress. COLORADO MUNICIPAL FACTS Number of incorporated municipalities: 271 Population (2006 estimates) State: 4,813,536 Municipal: 3,488,643 Municipal as percent of state: 72.5% Range in municipal population: Bonanza City: 14 Denver. 580,223 Municipalities with CML membership: 263 Structure of Colorado municipal governments Structure # Population % of Pon. Home Rule 97 3,150,376 90.3% Statutory 173 337,154 9.67% Territorial Charter 1 1,113 0.03% Number of municipalities with city/town manager or administrator: 168 Municipal elected officials (2006) Mayors, councilmembers, trustees: 1,845 Sources of municipal tax revenue (2004) Total tax revenue: $2,576,657,705 Property taxes: $433,820,003 16.8% Sales/use taxes: $1,816,164,575 70.5% Total taxes as % of total revenue 62.1% Property tax (2007) Assessed Valuations State: $85.15 billion Municipal: $46.22 billion Municipal as percent of state: 54% Sales tax (2006) Total municipalities levying a local sales tax: 217 Municipalities with self-collected sales tax: 62 Low: 1.0% High: 5.0% Municipal elections (1993-May 2008) Ballot Issues Passed Failed % Passed TABOR Revenue and Spending Changes 435 66 87% Municipal Tax/Tax Rate 305 254 54% Municipal Debt/Obligation 236 115 67% Term-Limits 106 76 58% Prepared by the Colorado Municipal League, May 2008. The Colorado Municipal League. CML was founded in 1923 to provide technical assistance and advocacy on behalf of our municipal membership. There are 264 cites and towns that are members of the League. Various standing committees of the League meet through the year to develop legislative and policy recommendations. That work is then presented to the CML Policy Committee. Every municipal member of the League has a right to send a voting representative to that committee. A 19-member Board of Directors governs the operations of the organization. The League has 22 sections (i.e., planning officials, police chiefs, city managers) and 14 regional districts that provide input and technical expertise in development of League policy. Executive Board Officers President Doug Linkhart, Councilmember, Denver Vice President Michael Penny, Manager, Frisco Secretary-Treasurer Jim White, Town Administrator, Berthoud Immediate Past President Steven Rabe, Administrator, Cafion City Diana Allen, Councilmember, Lakewood Rebecca Cavanaugh-Miller, Councilmember, Thomton Karen Dietrich, Town Administrator, Ordway Susette Frausto, Trustee, Elizabeth Bob Gaiser, Councilmember, Broomfield Aden Hogan, City Manager, Evans Doug Hutchinson, Mayor, Fort Collins Gail Marvel, Councilmember, Montrose Roy McClung, Mayor, Parachute David Merritt, Mayor Pro Tem, Glenwood Springs James Powers, Councilmember, Fort Morgan Lisa Skumatz, Mayor Pro Tem, Superior Larry Small, Vice Mayor, Colorado Springs Doug Van Wormer, City Manager, Monte Vista Marc Williams, Mayor Pro Tem, Arvada State fiscal fair play Municipal finances are closely interrelated with state finances and policies. State adherence to fiscal fair play policies will greatly help municipalities and their citizens. Therefore, the League: • Supports appropriate action to address the state and local financial crises caused by the interaction of various constitutional amendments and the economy. • Supports continued state sharing with municipalities of equitable portions of existing and future revenues derived from traditional state- collected, municipally-shared sources. • Urges the state to avoid or exercise restraint in relying on fees, charges and other cash funding of programs that affect municipalities, especially in the areas of technical assistance, in programs where municipal participation is mandated by state law, and in regulatory programs that affect municipalities. • Opposes state granted exemptions or other state actions that erode municipal sales, use, property and other revenues unless the state provides adequate replacement revenues. • Opposes disproportionate cuts in state programs that benefit municipalities. • Opposes the state utilizing local funds or requiring local governments to collect state revenues in order to fund state programs. Sales and use taxes The primary revenue sources for municipalities are local sales and use taxes. Statewide, municipalities generate more than $5 in these taxes to every $1 of property taxes. Sales and use taxes have enabled municipalities to fund public services and improvements and keep municipal property taxes relatively low. Appropriate actions at federal, state and local levels, should preserve or enhance these local revenues. Therefore, the League: • Supports retention of authority for all municipalities to set local tax rates and for home rule municipalities to collect their own taxes and determine their own tax bases. • Supports broadening the state sales and use tax base. • Supports appropriate legislation or court action allowing state and local governments to require businesses to collect state and local sales and use taxes on remote sales. • Supports cooperative efforts among municipalities to standardize municipal sales and use tax practices and utilization of technology for the convenience of taxpayers, the business community, and municipalities. Opposes further reductions in the state and local sales and use tax base. Opposes legislation that would preempt the authority of state and local governments to apply their sales and use taxes to remote sales. Miscellaneous finance issues The League: Capital financing • Opposes any efforts to abolish or impair the effectiveness of the municipal bond interest exemption. • Supports enhancement of municipalities' flexibility to finance public projects economically and efficiently. Double taxation • Supports state legislation and local practices that eliminate the financial inequities created by the imposition of taxes on municipal residents for county services that are provided primarily or solely to residents in unincorporated areas. Federal policies • Supports distribution of federal funds to municipal governments with a minimum of red tape and without excessive diversion at the federal and state levels. • Supports establishment of advisory committees comprised of local government officials to ensure ongoing local input on state assumption and administration of federal programs that affect local governments. • Supports continued funding of the Community Development Block Grant program. • Supports continued direct funding of federal housing programs. • supports funding the Energy Block Grant program. • Supports repeal of the Davis-Bacon Act or revisions thereto, including raising the project exemption amount, to eliminate wasteful red tape and enable state and local governments to stretch tax dollars for public works projects. • Supports repeal or revisions in the application of the Fair Labor Standards Act to local governments to avoid the Act's costly and burdensome impacts on local government operations. • Encourages recognition of Colorado's unique economic, social and physical characteristics when federal action affects programs or projects of local concern. • Opposes the direct or indirect taxation of the activities and operations of municipal government. • Opposes tax reform proposals that would exacerbate the federal deficit, increase the cost mineral resource development, energy development, recreation and open space. • Supports federal and state financial aid programs assisting municipalities, including recognition of the special needs of smaller municipalities, with the construction and improvement of water systems to protect water quality and to comply with federal and state mandates. • Supports continued federal and state funding for wastewater treatment and drinking water facilities to reduce local costs and expedite construction of necessary treatment and collection facilities. • Supports reasonable and practical application of air and water pollution control laws by federal and state administrative officials and encourages restraint in modifying legislation and regulations that have a fiscal impact on municipalities. Particularly in the area of water quality, enforcement should be correlated with the availability of funds necessary to achieve stated goals. • Supports adequate state regulation and enforcement of drilling and mining sites, production facilities and waste product storage and disposal facilities; supports practices to assure citizen safety, environmental protection and the protection of domestic water sources; and opposes state preemption of local land use and watershed regulations. • Encourages on-going communication by federal land managers with affected municipalities regarding the leasing of federal lands that might impact local land use and environmental policies including, but not limited to, local watershed ordinances. Youth The League: • Supports municipal and other efforts to address youth issues and needs. • Recognizes the influence that parents in partnership with nonprofit and religious organizations, local businesses and other governmental jurisdictions have on the development of youth. • Encourages utilization by public schools in cooperation with local governments of League- published or other civics curriculum to educate students in state and local government. of municipal capital investment, interfere with traditional state and local tax systems or preempt the deductibility of state and local taxes. Transportation The League: • Supports increased funds to finance pressing surface transportation needs as long as an equitable portion of new revenues is returned to cities and towns. • Supports state Department of Transportation assumption of street lighting and general maintenance costs on state highways within municipalities. • Supports limitations on "off the top" diversions from the Highway Users Tax Fund. • Supports preservation of the constitutional requirement that highway user revenues be utilized only for highways, streets and roads. • Supports greater flexibility and increased revenues for multi-modal transportation systems. • Supports clarification that federal railroad laws do not preempt local governmental authority to protect the safety and environment of citizens. • Supports preservation of the federal funding guarantees for transportation and allocation of all federal transportation taxes and funds for their intended transportation purposes. • Supports efforts to improve air transportation throughout Colorado. • Supports close cooperation among Colorado Department of Transportation, counties, municipalities and interested stakeholders in improving Colorado's multi-modal transportation system. • Encourages a balanced state transportation policy that addresses the need to maintain and expand highways, streets and roads while at the same time recognizing the importance of transit in improving Colorado's transportation system. Water In addressing statewide water concerns, the League: • Supports water policies that protect Colorado water resources. • Supports the constitutional doctrine of prior appropriation and the constitutional priority given to domestic water use. • Supports the inventorying and protection by municipalities of their water rights. • Supports appropriate water conservation efforts and sustainable water resource management practices by all users. • Supports efforts to increase knowledge of water- related issues of concern around the state to municipalities. • Supports participation in statewide discussions of water use and distribution. • Supports appropriate coordination of municipal water use with other uses including agriculture, • Opposes the denial of funds based upon a state's or municipality's failure to meet requirements of an unrelated program or because of factors beyond the control of the state or municipality. • Opposes cuts in federal programs that disproportionately affect municipalities. • Opposes imposition of federal standards upon local government operations and employees that do not apply equally to federal and state government operations and employees. • Opposes the sale of forest lands to pay for various federal programs including, but not limited to, the "Secure Rural Schools and Community Self- determination Act of 2000." Consolidation of Governments The League supports voluntary consolidation of local government entities and services by mutual agreement. Criminal Justice The League: • Supports state- and community-based intervention, prevention and rehabilitation programs and state initiatives that respect the key role of communities and local government officials. • Supports ensuring that municipal governments retain flexibility, in implementing federal and state criminal justice programs. • Opposes state preemption of municipal authority to regulate firearms within municipalities. Economic development The League: • Encourages the state to provide adequate funds and staff for a strong, multifaceted program to promote the economic vitality of Colorado. This program should encourage the diversification and expansion of local economies, including support for existing business, creation of new jobs and promotion of tourism. The program should be closely coordinated with local governments and the state should never promote a specific economic development project against the wishes ` of the community or communities most directly affected by the project. • Encourages the federal government to support state and local government activities promoting economic development. • Encourages a comprehensive effort among state and local governments and the private sector to establish an effective tourism promotion program. Electric and natural gas services The League: • Opposes federal restrictions that would dictate territorial service areas or restrict the ability of municipally owned utilities to service customers within their municipalities, including newly annexed areas. • Opposes federal legislation requiring states to implement retail competition. • Opposes federal or state restructuring of the electric or natural gas industry if such restructuring restricts municipal authority to regulate the use of rights-of-way and to franchise and tax utilities and services, interferes with services provided by municipally owned utilities, fails to protect interests of all consumer classes or sacrifices environmental and social objectives protected under existing regulatory policies. • Opposes efforts to prevent municipalities from extending utility services to newly annexed areas. Emergency services The League: • Supports local control of local emergency services and involvement of the state as a resource to local government in the areas of information, coordination and training. • Supports state funds for those state agencies that serve as a resource to local emergency services. • Supports a voluntary uniform statewide fire incidence reporting program. • Supports close cooperation at all levels of government and increased federal funding to assist local government homeland security and first responder responsibilities. Energy Energy planning The League recognizes several compelling reasons for developing a comprehensive energy policy. Energy conservation saves dollars. Energy conservation and renewable energy production creates jobs and supports local economic development efforts. Energy conservation reduces our nation's dependence upon foreign oil and improves our energy security. Municipalities are in a position to lead by example. Municipalities are able to provide education and access to information that advocates the economic and environmental benefits of increased energy efficiency. Therefore, the League: • Supports the development of a balanced, long- term statewide energy plan with an overall goal of reducing greenhouse gas emissions through a mix of non-renewable fossil fuels, renewable energy sources, and energy efficiency and conservation programs. the corporate boundaries of cities and towns in order to eliminate confusion among citizens and businesses and to reinforce community identities. Privatization The League supports the use of private-sector businesses to provide public services when determined by municipal officials to be in the public interest. Public employment The League opposes efforts to interfere with a municipality's ability to determine the terms and conditions of municipal employment. Public Liability Because of the financial burdens caused by the increasing number of lawsuits against municipalities and their officers and employees, the deterrent that litigation presents to continued service by public officials and the need to assure that municipal liability does not impair the provision of necessary services to the public, the League: • Supp- is the availability of public liability insurance at reasonable costs and the ability of municipalities to reduce such costs through self insurance or other reasonable means. - • Supports reasonable federal limitations on and reduction in the liability for monetary damages payable by public entities and public employees in suits brought under federal laws. • Supports limitations on the liability of municipalities and their officers and employees. • Opposes efforts to expand the liability of public entities and public employees. Purchasing The League supports the authority of municipal officials to determine local purchasing and contracting procedures. Telecommunications The League: • Supports the retention of municipal regulatory authority over cable television systems. • Supports affordable access by all municipalities to state-of-the-art telecommunication and information services. • Opposes federal or state restrictions on local control of municipal rights-of-way or on the authority of local governments to develop or acquire their own telecommunications infrastructure. • Opposes federal or state restrictions on municipal franchising, regulatory and taxing authority over telecommunications systems. • Supports municipalities, when appropriate, in utilizing sub-local governments (neighborhood, nonprofit, and civic organizations and homeowners' associations) in developing and implementing solutions to specific localized issues. • Encourages measures that promote intergovernmental cooperation on land use issues. • Encourages coordination of land use and transportation planning. • Encourages municipalities when using tax increment financing to promote communication and intergovernmental cooperation with affected local governments. • Generally opposes efforts to restrict municipal authority to annex territory. • Opposes delegation of municipal land use authority to state agencies or preemption of municipal land use controls. • Opposes federal or state restrictions, beyond those constitutional restrictions that have been defined by recent Supreme Court decisions, on the ability of federal, state or local governments to regulate private property or to exercise the power of condemnation for the benefit of public health, safety and welfare. • Opposes unreasonable restrictions on urban renewal authorities. Police, fire and other pension and employee benefits The League: • Supports continuation of state matching funds to assist in retiring unfunded liabilities that accrued under the old police and fire pension plans. • Supports equitable levels of state funding for volunteer firefighters' pensions. • Opposes mandates that increase the cost of or create inequities among municipal employee pension, workers' compensation or other employee benefits. • Opposes mandated Social Security or Medicare coverage for public employees, mandated benefit levels or funding standards for municipal employee pension plans, or other unreasonable burdens or restrictions in connection with the administration of municipal employee benefit plans. • Opposes mandated so-called "Police Officers Bill of Rights" interfering with the management and budget prerogatives of local governments. Postal service The League supports legislation and administrative action by the United States Postal Service requiring use of mailing addresses and ZIP codes that reflect • Supports the creation and expansion of statewide goals that provide targets and incentives for the implementation of renewable energy strategies and that also recognize the unique concerns of municipal electric and gas systems. • Supports municipal efforts to assess energy efficiency opportunities in their own operations and in their communities as a whole; setting energy efficiency targets; and creating local action plans. • Supports retrofitting municipal facilities with energy efficient technologies; policies that enhance municipal energy conservation; and programs that promote the generation of alternative energy sources. • Supports working with appropriate state and local agencies to educate municipalities on the use of energy efficient building codes. Energy production Municipalities are directly and indirectly affected by the impacts of energy extraction activity and understand the boom and bust nature of it. The League also acknowledges the importance of the extraction industry to the state's economy. Therefore, the League: • Supports enhanced local input and mitigation powers of municipalities in addressing the environmental and economic impacts of energy extraction. • Supports the State Oil and Gas Conservation Commission involving substantively local governments affected by energy extraction, including a recognition of local health and environmental impacts. • Supports a continued dialogue with local governments regarding the collection and distribution of severance tax and federal mineral lease revenues. • Supports raising the severance tax rate and removing severance tax exemptions in order to generate additional revenue for local governments. • Supports DOLAs changes to the administration of the Energy Impact Loan and Grant program in order to assure greater transparency and accountability. • Supports the development of a permanent trust fund using a portion of existing and/or any new revenues from severance taxes and/or federal mineral lease revenues so long as such revenues in a trust fund can be made available to municipalities and counties impacted by energy extraction. • Opposes any reduction in the existing revenue streams of severance tax and federal mineral lease revenue to counties and municipalities. • Supports financial and technical assistance to local governments affected by the, development of coal, oil shale, and other natural resources to permit planning for, and provision of, municipal services and facilities. • Opposes the appropriation of energy impact and mineral lease funds, historically set aside for local governments, to finance state programs and adminioila'Llde costs of state government. Environment In addressing environmental concerns, the League: • Supports relief for municipalities from the burden of Superfund (CERCLA) requirements and application of a reasonable municipal settlement policy by the Environmental Protection Agency. • Supports federal and state programs that encourage cleanup and reuse of "brownfield" property. • Supports full federal funding for cleanup of contaminated federally owned or managed sites, such as Rocky Flats. • Opposes increases in the proportion of municipal cash funding support for state environmental programs. • Opposes state preemption of local government authority to adopt environmental ordinances. Housing The availability and affordability of decent housing is an important concern to Colorado's municipalities. Therefore, the League: • Supports an adequate supply of good housing, regardless of income level, and continued public- and private-sector support for such an effort. • Supports increased financial assistance from the federal government for housing needs of low- and moderate-income families. • Supports state financial support for the Division of Housing's loan and grant program for low- and moderate-income housing. • Supports the continued efforts of the Colorado Housing Finance Authority to work with municipalities on the Authority's various housing loan programs. • Supports the preservation, revitalization and redevelopment of existing neighborhoods. • Supports public and private financial assistance programs to address the needs of the homeless. • Supports programs that involve municipalities in addressing foreclosures. • Supports the creation of an adequately financed statewide housing trust fund. Human rights The League supports programs that protect the rights and dignity of the individual and encourages programs that address such issues as employment, housing, health care, substance abuse and equal opportunity. Initiative reform The League supports efforts to reform the state's initiative and referendum procedures. • Lottery The League supports preserving all lottery proceeds for park, recreation, open space and wildlife purposes pursuant to the Great Outdoors Colorado program adopted by Colorado voters. Municipal court operations The League: • Opposes imposition of state surcharges on municipal court fines for the purpose of funding state programs. • Opposes limitations on the authority of municipalities to enforce their own ordinances in municipal courts. Municipal development and land use The League supports local control and determination of local land use issues. In general, the League supports state laws and policies that encourage new residential, commercial and industrial development to occur within existing municipalities and that discourage the sprawl of urban, suburban or exurban development into rural and unincorporated areas of the state. In addition, the League specifically: • Supports prohibition of the incorporation of new cities and towns adjacent to, or within the service areas of, existing municipalities. • Supports increased municipal and, within unincorporated areas, county controls over the formation of special districts, placing additional limitations on the powers exercised by such districts and, where practicable, providing for the dissolution or phasing out of special districts. • Supports appropriate efforts to permit application and enforcement of municipal ordinances, such as building codes, fire codes, subdivision regulations and zoning ordinances, to buildings and improvements proposed to be constructed by government entities. • Supports municipal discretion concerning the imposition of development fees and requirements. • Supports the clear authority of municipalities to collect an impact fee for schools. • Supports financial and technical assistance to municipal governments in the areas of planning and land use. (CJs a .4. oa VJcap. * 4 Wohw 2009§091 Msrk0Tong OrabgOMO • Despite this strong marketing effort, the economic back drop is such that leading indicators suggest an overall shortfall of 08/09 bookings to date • The data also suggests though that interest remains strong in Vail, but closure is not following suit • People appear to be waiting either for an economic upturn or for a compelling offer or significant event (i.e. Snow!!!!!!!) • The team is therefore recommending adopting the `Business Now' strategy to implement and fund immediate impact initiatives • The partnership of the Town of Vail and Vail Mountain is quickly coalescing around this urgent initiative Goal: For this season, to maintain the same level of overnight stays as 2007/2008 1r??r?vntti I \!AI L Like nothing on earttfi: _: g?gf SF 3Nr ?.?{.???A ?? ?-+ j ?t n ,x?E?f{{ { 1 ??' m ! ?,- {6mm,. IT ?X l,mi Ilk i[. 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I [?Ita'II, t -k ORUIr 200 W00 awfu R ° o MM8fld0Tofl • Staff recommends approval of the marketing strategy as presented • A request for funding will be presented to the Council on November 4th • Staff would work with the VLMDAC going forward with implementation WffYE OVAIL Like nothing on earth: 2 i1/o-118 w5 LOCAL CONTROL AND HOME RULE The League believes strongly in the philosophy of local control and home rule to allow municipal governments maximum flexibility and discretion in levying taxes and fees, carrying out local policy, and delivering public services. Local control should remain local and home rule should stay at home, not centralized at the Statehouse. i OR 441 PRESERVATION OF MUNICIPAL LAND USE AUTHORITY The League encourages you to resist inroads into municipal authority over local land use issues. Periodically, the General Assembly has considered legislation p.:,:. ?, 7ng the authority of local officials to make these policy decisions. Nothing is more basic to the notion of local control and home rule than community decision-making over land use. PROTECTION OF LOCAL TAX AUTHORITY Municipal revenues often are affected adversely by proposed state legislation. For example, more than 90 exemptions to the stale sales and use tax base have been enacted since 1975. These exe...,.- ,have reduced the state base, thereby restricting revenues available for state programs. Just as importantly, these exemptions also have affected municipalities and counties in the slate sales and use tax collection system because, with some these cities, towns and counties must conform their base with that of the state's base. There have also been proposals in the General Assembly to after the property tax base, most notably by eliminating the business personal I, .,.: _,, tax as an economic development incentive. Any exemptions like this must be 'back-filled' by the state, otherwise local govemment tax revenues will be reduced significantly. Please be aware of the impact state tax policy has on municipal taxes. TRANSPORTATION AND INFRASTRUCTURE Colorado's transportation system of roadways and transit is a state and local network vital to Colorado's future. Municipal officials support increased slate transportation funding that includes the return of an equitable portion of new revenue to cities, towns and counties. Local water and wastewater treatment and distribution infrastructure requires continuous substantial investment that is difficult for -,. -1calty disadvantaged communities. Municipal officials support a shared state and local partnership for funding required improvements for clean water and safe drinking water. UNFUNDED MANDATES The impact of state mandates on municipal government is a major policy concern of many municipal leaders. We urge resistance to imposing responsibilities on local governments without the financial resources to fund such mandates. Both the Colorado Constitution and state statutes contain provisions that address unfunded mandates, but these often go unheeded. EMPLOYEE AND CONTRACTOR RELATIONS There are few things more local than relations between a municipality and its employees. We need your help to make sure that special interests do not use the General Assembly to dictate the terns of their employment by a municipality. Whether it is collective bargaining or contracting for projects or services, there is no 'one-size fits all" answer. A municipality must be able to write contracts that meet specific local conditions and protect local taxpayers; these are critical considerations to which many special interests down at the capitol are indifferent STATE SOLUTIONS WHERE NO PROBLEMS MAY EXIST Frequently, the General Assembly considers bills to address real or r-? - jed problems in one or a small number of communities - thus creating adverse consequences for many other cities and towns. As constituents and Interest groups approach you with statewide solutions, please reflect on the impacts to other cities and towns. Ask whether there is realty a problem that needs to be solved at the state level. ENERGY CONSERVATION AND IMPACT Many municipalities lead by example on energy conservation programs every day. The Governor's Energy Office offers wonderful support. Other cities and towns deal with the impacts of energy development and receive invaluable help from the Department of Local Affairs. This demonstrates how important a strong partnership must be between the state and municipalities. WHAT CAN YOU DO TO HELP? Before sponsoring or supporting a proposal that has potential impacts on cities and towns, please talk with your municipal officials and seek their input. Feel free to contact CML as well. THE COLORADO MUNICIPAL LEAGUE CML is a nonprofit, ..,.,.,,..lisan organization that has served and represented Colorado's cities and towns since 1923. As such, CML Is a reliable source of information about legislative issues and their impact on Colorado's cities and towns and their residents. There are 263 cities and towns that are members of the League. Various standing committees of the League meet throughout the year to develop legislative and policy recommendations. That work is then presented to the CML Policy Committee. Every municipal member of the League has a right to send a voting representative to that committee. A 19-member Board of Di.. , governs the operations of the organization. Doug Linkhart, Denver councilmember, is the League's curets president. The League has 22 sections (e.g., planning officials, police chiefs, city managers) and 14 regional districts that provide input and technical expertise in development of League policy. The League neither endorses nor contributes to political candidates. CML AND LEAGUE POLICY CML employs dedicated representatives to help you educate and build support among city and town officials. The following four CML staffers closely watch proposed legislation and work with legislators to understand municipal impacts. Feel free to contact them: Kevin BomrnK legislative and policy advocate, kbommer®cmi.org Erin Goff, senior staff attorney, egoff@cml.org Mark Radtke, legislative and policy advocate, mradtke@cmi.org Geoff VKitson, general counsel, gwrilson@crnl.org KEEP LOCAL CONTROL LOCAL AND HOME RULE AT HOME • Local control • Land use • Tax authority • Transportation and infrastructure • Mandates • Employee and contractor relations More than 1.800 men and women serve as elected municipal leaders in 271 cities and towns in Colorado. They serve on a nonpartisan basis and collectively represent more than 72 percent of the state population. Many serve with little or no compensation. About 62 percent of our municipalities employ a professional administrator to carry out the policies of elected city councils and town boards. Cities and towns themselves are not created by the state. Rather. local citizens operating through certain statutory mechanisms are allowed to 'incorporate* as a municipality. Recent examples include the City of Castle Pines North. City of Centennial and City of Lone Tree. Home rule is the legal and political essence of local control. Our state constitution grants to the citizens of every city and town the right to draft a charter - essentially a local constitution - and to put that charter before the citizens for a vote. As Article XX of the Colorado Constitution says, the purpose of municipal home rule is to give citizens 'the full right of self government in local and municipal matters.' This is based on the premise that the citizens of a city or town in Colorado should have the legal and political right to decide how best to organize their municipality and solve local problems, and that those citizens, not a higher level of government, know what is best for themselves. More than 3 million people in Colorado live in one of the 97 cities and towns governed by a home rule charter. Home rule has been in place In Colorado since 1902. It is very much a part of the political and legal fabric of our great state. Another 173 cities and towns operate under the provisions of Tnle 31 of the Colorado Revised Statutes and are known as statutory municipalities. Georgetown operates as the state's lone territorial charter city through a charter granted to it by the territorial state government. Generally, towns are incorporated areas of less than 2,000 in population; cities are above this threshold. Some organizational and legal differences exist between them. Colorado is a fiscally decentralized state as it relates to municipal government. Cities and towns raise more revenue locally, and rely less on state aid. The sales and use tax Is our most important revenue source. Currently, 217 cities and towns levy a sales tax, and 70.5 percent of municipal own-source revenues is derived from this tax. Property taxes are the second most important tax for municipalities. State aid also is very important to municipal governments. For example, in 2008 municipalities expect to receive more than $101.6 million from the slate for local transportation needs through the Highway Users Trust Fund. Targeted federal support like the Community Development Block Grant program is critical as cities and towns cope with infrastructure and other demands. Municipal government is a cornerstone of good government in Colorado, and we value the partnership that exists with state and federal officials. The citizens we represent, you will represent. The policies you set that affect local government will have to be implemented by municipal leaders. To maintain the strength of this partnership, municipal leaders submit the core principles described herein for your consideration as you ponder your own position on issues. CML EXECUTIVE BOARD President Doug Unkhart, Councilmember at-Large, Denver Vice President Michael Penny, Town Manager, Frisco Secretary-Treasurer, Jim White, Town Administrator, Berthoud Immediate Past President Steve Rabe, City Administrator, Cafion City Diana Allen, Councilmember, Lakewood Rebecca Cavanaugh-Miller, Councilmember, Thornton Karen Dietrich, Town Administrator, Ordway Susette Frausto, Mayor Pro Tern, Elizabeth Bob Gaiser, Councilmember, Broomfield Aden Hogan, City Manager, Evans Doug Hutchinson, Mayor, Fort Collins Gail Marvel, Councilmember, Montrose Roy McClung, Mayor, Parachute David Merritt, Mayor Pro Tem, Glenwood Springs Jim Powers, Councilmember, Fort Morgan Use Skumatz, Mayor Pro Tem, Superior Larry Small, Vice Mayor, Colorado Springs Don Van Wormer, City Manager, Monte Vista Marc Williams, Councilmember, Arvada FOR MORE.INFORMATION Colorado Municipal League 1144 Sherman Street, Denver, CO 80203 (p) 303-831-6411 / 866-578-0936 • (f) 303.860-8175 www,crworg Please bookmark OUT Web site, www.crri.org. h contains more information about municipal government and is updated regularly. CML T" W" t , z, Y-4/ C, 5 W S WOMW 000009 Ms*a ng Mralsgo nl • Despite this strong marketing effort, the economic back drop is such that leading indicators suggest an overall shortfall of 08/09 bookings to date • The data also suggests though that interest remains strong in Vail, but closure is not following suit • People appear to be waiting either for an economic upturn or for a compelling offer or significant event (Le. Snow!!!!!!!) • The team is therefore recommending adopting the `Business Now' strategy to implement and fund immediate impact initiatives • The partnership of the Town of Vail and Vail Mountain is quickly coalescing around this urgent initiative Goal: For this season, to maintain the same level of overnight stays as 2007/2008 VAIL Like nothing on earthf. .1i - , y !" ?I IL Momh '?Butlaes Loyal CI sns. Ij i y , 77 l]M 900k PI?eBS . ,_ ?' - ?_ -- •?._ c-^--.E" i?. __ 1 `l. - - StUbit60k y 'Emall (2-3x/moMh)- $ - Va1t Nkn (Both atxne with Co-OP Nementa) '.r i I J z _ 11= ;STOOK Front Range New Customers 'Newspaper _ _ SkI ExP? J ___ ', _ - a40-V.11 Wn '- -.,... _•____??_uv.. ,1_ _- - - - i•' - .'._.- __ ?_. ?. __ n_ r- .._.. _ _ _ ?.-10._ . _ .??:_ ? ... _ •. :I - --, na, - Non. , Nsw", .. d.. - - ..__ __. -- .. ?. _ __.. ,?Dssti - Cu r ,-_. u ?_ ...::_..- ... .. - ... •.:., 5 - Vii` 6 ,Web A MOW I 'lt .4 s_ DsstMatlon Faoksigs Orteiing ? _ stsok OR7 ?jNatlonal Media (WSJ, USA Today et el).. Snow Daze Tcket Bounce Back` ?- _ _ ont Event 6nhan-* -- GOM FlseeDlne BdM YOB OVE, O VAI L like nothing on earthf. .i WOMW 2009§09 00f0 R(3wM*M81nd8IO0 • Staff recommends approval of the marketing strategy as presented • A request for funding will be presented to the Council on November 4t?h • Staff would work with the VLMDAC going forward with implementation VAIL Like nothing on earth: 2 de-1 mtranco to- J?,a vw- -onuei 0 vad cokO- Plon2e for the entrance to Meadow Drive. The Vail Valley provides the inspiration for this piece and it will be reflected in the work. It is my intention to create lamp posts for each side of the street, that are in keeping with my style, and are in essence a re-interpretation of my bell entitled "Elements". This work will be titled "eight" in reference to the eight in- dividual sides of the lamps which will represent a piece or impression of the Vail Valley. The number eight also has many symbolic connotations for cultures around the world. My hope is that this work will highlight the entrance to Meadow Drive in a way that is subtle yet distinct, and will appeal to the international audience that makes up the people and visitors of Vail. The following illustrations, plans and photo montages give a clear and concise impression of my vision. Thank you again for the opportunity to make this proposal. It has been a genuine honor to be embraced by the ? Vail community. Sharing my work with this community at Ford Park has been an incredible blessing. Having my work selected as a permanent part of the town of Vail would be icing on a very big cake. lmv V V ex.; ?, 6 . "10101, e., /is with gratitude that I accept the challenge of proposing a rk of art designed specifically • • • • • • • • • r • • • • • • ?GeLU-? E Mead o?'' ? 4e -fv Constructed of cast and sheet bronze, each lamp will have a unique design on each side that is pierced to allow light to pass through. This will create a dynamic interplay of positive and negative space. The designs will be abstract representations of winter and summer, primarily inspired by patterns in snow and on the earth as the elements move things around. The light source will be a UL approved 4000 watt metal halide fixture with a low temperature ballast, designed to cast light that complements the feel of the piece. It will also be selected for maintenance and efficiency. In the following two pages you will see drawings that represent my ideas for each lamp. The spaces that are dark lines within the field of each side are the parts which are pierced. The designs are subject to change somewhat either as I push the idea during sculpting or by request of the committees. A ??o>zce?tccaG ?nzu?u? n?, n n, 0 Q roP VzE? B4,56- D C M - QUAD DALLAST PHOTO CELL CONTR OL NO 10 THW COPPER FUSE ONLY HOT LINE 10 AMP FUSE NO 10 THW COPPER (SEE NOTES 2 AND 3) 1-1/2" STEEL CONDUIT - GROUND LUG NO 5 CONCRETE PULL Jcy e -iHN COPPER WIRE BOX PEP STC 6GO INSIDE :DNOLIiT 1 C I `J / 1 C ? I ? C V J ? i '- 2' MINIMUM PVC CONDUIT 3' -V 3'.t a' ea611° conPrete = 2500 LBS l?im? ?..e?yh5 ry?pro?;?mYi?e/v G00 LBS eleC 'r%Cal Pl?e Cover ('R1 i 1 ? feet v ? s -2 feet I I, ,? r I L SZJE V?E? B?sE .2 5' olwav?a!orard Jiane/?ize als, Sculpting and Fabrication Sculpting $9400.00 Fabrication of Posts $5200.00 Moulds $1500.00 Casting of Bronze $1500.00 Metal Chasing $1200.00 Wiring and Light Fixture $1800.00 Business Overhead $2100.00 Artist Profit $6000.00 Total per Lamp $28,700.00 Per Lamp Delivery and Installation Timeline Fuel $150.00 Once the project is approved, sculpting and fabrication Lodging for one night $200.00 will begin. Estimated time is 16 weeks from inception Food $200.00 to installation. For example: If the council approves the piece on the Labor $500.00 first of November, the work will be ready to install on Misc. $300.00 the first of February. Total $1350.00 This timeline does not allow for major changes to the work in progress. Total for Two Lamps $58,750.00 The price of delivery and installation is subject to the town of Vail agreeing to provide the installation of a second concrete pad with electrical stub outs. Also a loader with a stinger or similar equipment will be needed for at least two hours, for offloading and placing the works.