HomeMy WebLinkAbout2009-01-06 Agenda and Support Documentation Town Council Evening Session r
VAIL TOWN COUNCIL
EVENING SESSION AGENDA
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
6:00 P.M., TUESDAY, JANUARY 6, 2009
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
1. ITEM/TOPIC: Citizen Input. (10 min.)
2. Stan Zemler ITEM/TOPIC: Town Manager's Report. (5 min.)
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a. Revenue Update.
b. Reappointment of Dick Cleveland to the Eagle County Open
Space Advisory Committee.
3. ITEM/TOPIC: Consent Agenda. (10 min.)
a. Approval of 12.02.08 and 12.16.08 Town Council Minutes.
4. Nina Timm ITEMITOPIC: Resolution No. 2, Series of 2009, A resolution adopting
a new Chamonix Master Plan, to facilitate the development of
employee housing and a new fire station and amending the Vail
Land Use Plan, to designate the Chamonix Master Plan Area; and
setting forth details in regards thereto. (15 min.)
BACKGROUND: The Town of Vail purchased the "Chamonix
Parcel" and the "Wendy's Parcel" for the purpose of constructing
employee housing and a new fire station. Through an extensive
public process a preferred master plan option was developed and
endorsed by the Vail Town Council on August 5, 2008, and the
Planning and Environmental Commission on December 22, 2008.
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Adoption of the Chamonix Master Plan by the Vail Town Council is
the next step in the development of the proposed employee
housing and fire station.
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Resolution 2, Series of 2009.
STAFF RECOMMENDATION: Staff recommends that the Vail Town
Council approves Resolution 2, Series of 2009.
5. Judy Camp ITEM/TOPIC: First reading of Ordinance No. 1, Series of 2009,
an emergency ordinance making special amendments to Town of
Vail Debt Services Fund's 2008 budget. (5 min.)
ACTION REQUESTED OF COUNCIL: Approve a special
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amendment to the Debt Services Fund budget for 2008, reflecting
the issuance of Sales Tax Revenue Refunding Bonds, Series
2008.
BACKGROUND RATIONALE: On December 16, 2008 Town
Council approved Ordinance No. 32 amending a definition
contained in Ordinance No. 20, which authorized the refinancing
of the town's outstanding 1998 Sales Tax Revenue Refunding
Bonds. Since the closing on the new bonds took place on
December 30, 2008, it is necessary make a special amendment to
the 2008 budget of the Debt Services Fund so the transaction may
be recorded in the appropriate fiscal year. An emergency
ordinance is requested so that costs of the bond issuance may be
paid on a timely basis.
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STAFF RECOMMENDATION: Staff recommends that the Town
Council approves Ordinance No., Series of 2008, this evening.
6. Matt Mire ITEMITOPIC: Second reading of Ordinance No. 30, Series of
2008, an Ordinance Amending Title 1, Chapter 3, Section 2 of the
Vail Town Code by the Addition of the Definition of the Word
"Publication "; and Setting Forth Details in Regard Thereto. (10
min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 30, Series of 2008, upon
second reading.
BACKGROUND RATIONALE: The 2009 budget was passed
second reading on November 18, 2008. The 2009 budget
eliminates funding for publication in the local papers. Section 4.10
of the Town Charter requires publication of ordinances upon their
introduction and adoption. The Charter does not define what is
required by "publication ". In 2007, the Town spent $19,693 for
publication of its ordinances in the Vail Daily, requiring the Town
Clerk to increase the office advertising budget during the third
supplemental appropriation by an additional $12,000. The Town
Clerk has currently spent $19,492 of her 2008 budget on
publications of ordinances.
STAFF .RECOMMENDATION: Approve, approve with
modifications, or deny Ordinance No. 30, Series of 2008, upon
second reading.
7. Bill Gibson ITEMITOPIC: Second reading of Ordinance No. 31, Series of
2008 for rescribed regulations amendments to Section 12 -13,
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Employee Housing, Vail Town Code, to establish a deed-
restriction exchange program, and setting forth details in regard
thereto. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve Ordinance No.
31, Series of 2008, on second reading.
BACKGROUND RATIONALE: On December 16, 2008, the Town
Council voted 6 -0 -0 to approve Ordinance No. 31, Series of 2008,
on first reading, with modifications to Sub - section 12- 13 -5D -7 to
eliminate the recommended maximum conveyance price of a
proposed EHU.
STAFF RECOMMENDATION: Staff recommends the Town
Council approves Ordinance No. 31, Series of 2008, on second
reading.
8. Bill Gibson ITEM/TOPIC: Second reading of Ordinance No. 33, Series of
2008, for prescribed regulations amendments to Section 11 -10 -7,
Open House Signs, Vail Town Code, to allow for amendments to
the open house sign regulations, and setting forth details in regard
thereto. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve Ordinance No.
33, Series of 2008, on second reading.
BACKGROUND RATIONALE: On December 16, 2008, the Town
Council voted 5 -1 -0 (Cleveland opposed) to approve Ordinance j
No. 33, Series of 2008, on first reading, with modifications to allow
a maximum of three vehicular directional open house signs and to
limit the display of open houses signs to no more than three
consecutive days.
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STAFF RECOMMENDATION: Staff recommends the Town
Council approves Ordinance No. 33, Series of 2008, on second
reading.
9. Kristen Bertuglia ITEM/TOPIC: Resolution No.1, Series of 2009 - a Resolution
adopting the Vail Environmental Sustainability Strategic Plan. (15
min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
changes, or deny Resolution No. 1, Series of 2009 — adopting the
Vail Environmental Sustainability Strategic Plan.
BACKGROUND RATIONALE: The Vail Town Council will review
the draft Vail Environmental Sustainability Strategic Plan, and the
associated goals, objectives, action steps and priorities identified
to ensure that the Town of Vail is a leader in environmental
sustainability through community and regional partnerships.
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ACTION REQUESTED BY TOWN COUNCIL: It is the intention of
the Town of Vail Environmental Team to work with the Town
Council to begin work immediately on projects identified as
priorities and adopted through the Vail Environmental
Sustainability Plan. The Plan will lead the actions of staff and the
Community Development Department.
10. ITEMITOPIC: Resolution No. 3, Series of 2009, a resolution
designating a public place within the Town of Vail for the posting
of notice for public meetings of the Vail Town Council, Planning
and Environmental Commission, Design Review Board, and other
boards, commissions, and authorities of the Town of Vail. (5 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
amendments or deny Resolution No. 3, Series of 2009.
BACKGROUND RATIONALE: Pursuant to Section 24-6 -
402(2)(c) of the C.R.S. as amended, provides that local public
bodies must give full and timely notice to the public of any
meetings at which the adoption of any proposed policy, position,
resolution, rule, regulation, or formal action occurs at which a
majority or quorum of the body is in attendance, or is expected to
be in attendance.
RECOMMENDATION: Approve Resolution No. 3, Series of 2009.
11. Greg Hall ITEMITOPIC: Resolution No. 4, Series 2009, a Resolution
Approving an Intergovernmental Agreement Between the Town of
Vail and the Vail Park and Recreation District Regarding the Golf
Course Irrigation System Cost Sharing and Funding; and Setting
Forth Details in Regard Thereto. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve the IGA, and
authorize the Town Manager to sign and enter into the IGA with
VRD in a form approved by the Town Attorney.
BACKGROUND RATIONALE: Town and Vail Park and
Recreation District (the "VRD ") entered into an intergovernmental
lease agreement dated July 18, 2008 pursuant to which the VRD
will occupy and operate the Town's Vail Municipal Golf Course
(the "Golf Course ") and in which the Town and the VRD set forth
their intentions to make financial contributions toward the
maintenance and repair of the Golf Course improvements. The
replacement of the Golf Course's 40 year -old irrigation system
with a new system (the "Project ") is expected to deliver improved
irrigation coverage, water efficiency, and reliability. The Town will
pay for half the cost of the Project and loan funds to the VRD for
payment of the other half of the Project costs. The Town's
financing of the . VRD's contribution pursuant to the
Intergovernmental Agreement ( "IGA ") regarding the cost sharing
and funding for the golf course irrigation system will provide
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substantial savings to the taxpayers, including the avoidance of
bond underwriting fees and other bond issuance and
administrative costs.
STAFF RECOMMENDATION: Approve the IGA, and direct the
Town Manager to sign and enter into the IGA with VRD in a form
approved by the Town Attorney.
12. ITEM/TOPIC: Adjournment. (7:45 p.m.)
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BEGIN AT TBD, TUESDAY, JANUARY 20, 2009 IN THE VAIL TOWN COUNCIL
CHAMBERS.
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Memorandum
To: Town Council
From: Greg Hall
Matt Mire
Kathleen Halloran
Date: December 30, 2008
Subject: Intergovernmental Agreement with Vail Recreation District
You will be asked to approve the attached Resolution No. 4 on Tuesday evening. This
resolution authorizes the town to enter into an intergovernmental agreement with the Vail
Recreation District (VRD) to implement the reconstruction of the Vail Golf Course
irrigation system.
The project was approved as a part of the lease renewal for the golf course, as well as
during the 2009 budget process at a total estimated cost of $3.2 million. VRD is
responsible for paying 50% and the town is responsible for paying 50 %. In addition, the
town will finance the VRD's portion with a 5 -year payback schedule.
The request for proposals has already gone out, with the bids returned on December 17
Both the town and the VRD .are actively participating in reviewing the bids; however,
VRD will be the contracting party for the project. The VRD will manage the project,
with input from the town. The town will approve all invoices to be paid, as well as any
change- orders during the project.
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RESOLUTION NO.4
Series of 2009
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE TOWN OF VAIL AND THE VAIL PARK AND RECREATION
DISTRICT REGARDING THE GOLF COURSE IRRIGATION SYSTEM COST
SHARING AND FUNDING; 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
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WHEREAS, Town and Vail Park and Recreation District (the "VRD ")
entered into an intergovernmental lease agreement dated July 18, 2008 pursuant
to which the VRD will occupy and operate the Town's Vail Municipal Golf Course
(the "Golf Course ") and in which the Town and the VRD set forth their intentions
to make financial contributions toward the maintenance and repair of the Golf
Course improvements; and
WHEREAS, the replacement of the Golf Course's 40 year -old irrigation
system with a new system (the "Project ") is expected to deliver improved
irrigation coverage, water efficiency, and reliability; and
WHEREAS, the Town will pay for half the cost of the Project and loan
funds to the VRD for payment of the other half of the Project costs; and
WHEREAS, the Town's financing of the VRD's contribution pursuant to
the Intergovernmental Agreement ( "IGA ") regarding the cost sharing and funding
for the golf course irrigation system will provide substantial savings to the
taxpayers, including the avoidance of bond underwriting fees and other bond
issuance and administrative costs; and j
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WHEREAS, the actions under this Resolution comply with all applicable
laws and regulations of the State of Colorado and the Town; and
WHEREAS, the Council considers it in the interest of the public health,
safety and welfare to enter into this IGA with theVRD.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF VAIL, COLORADO THAT:
Resolution No. 4, Series 2009
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Section 1. The Council hereby approves the IGA and authorizes the
Town Manager to enter into the IGA with the VRD, in substantially the same form
as attached hereto as Exhibit A and in a form approved by the Town Attorney,
for the cost sharing and funding of the golf course irrigation system.
Section 2. This Resolution shall take effect immediately upon its
passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the
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Town Council of the Town of Vail held this 6 th day of January, 2009.
Dick Cleveland, Town Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
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Resolution No. 4, Series 2009
Memorandum
PAIL RECREATION December 29, 2008
D I S T R I C T
To: Greg Hall and Todd Oppenheimer
700 S. Frontage Road East From: Vail Recreation District Director Mike Ortiz
Vail, Colorado 81657 Subject: Golf Course Irrigation Renovation Contract
970.479.2279 Recommendation
f 970.479.2197
www.voilrec.com
The Vail Recreation District (VRD) recommends awarding the Vail
Golf Course irrigation renovation contract to Landscapes Unlimited,
LLC., of Lincoln, Neb. The VRD recommends Landscapes
VAIL GOLF CLUB Unlimited based on the following attributes when compared to the
1778 Vail Valley Drive other finalists:
479.2260 Ex Experience in Eagle Count including construction of Red
f 479.2355 - p g Y g
Sky Ranch Golf Course and continual course renovations on
GOLF MAINTENANCE Beaver Creek Golf Course.
1278 Vail valle Drive - Successful irrigation renovations in Colorado at the Pole
479.2262 Creek Golf Course near Fraser.
f 479.3451 - Construction of the Colorado Golf Club located in Parker,
PARK MAINTENANCE Mountain Course at the Broadmoor Hotel in Colorado
700 S. Fronta Road East Springs, as well as other award winning courses in Colorado
479.2457 and throughout the country.
f 479.2197 g ry
- Versatility in golf course construction, which VRD staff
VAIL TENNIS CENTER believes will be beneficial for additional work, including the
700 S. Fronta Road East scheduled golf course retaining wall projects.
479.2294 Reference checks that included strong recommendations b
f 479.2197 g ons Y
superintendents and golfers throughout Colorado and the
JOHN A. DOBSON ARENA
321 Lionshead Circle country.
479.2271 - Over 38 years of experience and a commitment to provide
f 479.2267 the Vail Golf Course with their No. 1 irrigation renovation
crew who were identified during the interview process.
395 E. lionshe ad Circle
VAIL YOUTH SERVICES - Vail Golf Course Superintendent Steve Sarro's experience
479.2292 with Landscapes Unlimited from previous award - winning
f 479.2835 work on tee box and bunker renovations at the Broadmoor
East Course, site of the 2008 U.S. Senior Open.
VAIL NATURE CENTER
841 Vail Valley Drive
479.2291 The VRD has taken the following steps to arrive at this
f 479.3459 recommendation:
Request for Qualification (RFQ) announcement in October
VAIL GYMNASTICS 2008 including otice in the Eagle Valle Enterprise and
545 N. Frontage Road West g 9 Y p
479.2287 notification to approximately 20 contractors who had
f 479.2286 expressed interest in the project. RFQs were due November
ADULT $ YCN/TH SPORTS 1, 2008.
700 S. Fronta Road East - RFQ evaluation by Larry Rodgers of Larry Rodgers Design
479.2280 Group, who has been hired to design the new irrigation
f 479.2281 system and act as project manager during the renovations.
Or visit us on the web at:
www.voilrec.com
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Five ualified contractors
were selected b Rogers q Y to submit 9
VAIL RECREATION bids and notified on November 10, 2008.
D I S T R I C T - Opening of sealed bids occurred December 16, 2008 at. the
Vail Golf Course Clubhouse. Three firms were then selected
700 S. Frontage Road East to be interviewed, including American Golf Construction,
Vail, Colorado 81657 Landscapes Unlimited and Formost Construction.
970.479.2279 - Interviews of the three firms occurred December 19, 2008 at
f 970.479.2197 the Vail Golf Course Clubhouse. VRD staff present included
vvww.vailrec.com
VRD Director Mike Ortiz, Vail Golf Course Superintendent
Steve Sarro, Vail Golf Club Director Alice Plain, Vail Golf
Club Head Professional Jeanne Sutherland, VRD Finance
VAIL G OL F CLUB Director Eric Weaver and Larry Rodgers.
1778 Vail Valley Drive
479.2260 Please review the enclosed information including Landscapes
F 479.2355 �
Unlimited's project capabilities, which demonstrates the company's
GOLF MAINTENANCE abilities, quality of service, commitment to excellence, focus on
1278 Vail Valley Drive safety and dedication to timely construction. Also included are the
479.2262 RFQ, RFQ evaluation questions and ratings summary, finalists cost
f 479.3451
summary and Larry Rodgers' recommendation letter to award the
PARK MAINTENANCE contract to Landscapes Unlimited.
700 S. Frontage Road East
479.2457 Please contact me to further discuss the process and conclusions
f 479.2197
stated herein.
VAIL TENNIS CENTER
700 S. Frontage Road East Sincer y,
479.2294 r
F 479.2197 1�
JOHN A. DOBSON ARENA Mike Ortiz
321 lionshead Circle
479.2271 VRD Director
F 479.2267
VAIL YOUTH SERVICES
395 E. Lionshead Circle
479.2292
f 479.2835
VAIL NATURE CENTER
841 Vail Valley Drive
479.2291
F 479.3459
VAIL GYMNASTICS
545 N. Frontage Road West
479.2287
f 479.2286
ADULT & YOUTH SPORTS
700 S. Frontage Rood East
479.2280
f 479.2281
Or visit us on the web at:
www.vailrec.com
Larry Rodgers Design
To: Steve San o & Mike Ortiz
From: Larry Rodgers
Date: December 23, 2008
Re: Vail golf course irrigation recommendations
We have spent the past week identifying the final pricing for the irrigation system renovation for the golf course.
Yesterday I confirmed and adjusted some of our value engineering assumptions with Landscapes Unlimited who
was the low responsible bid.
We received (4) prices and Landscapes unlimited was the low base bidder, during the interview process one
contractor offered a price that would put them close to the Landscapes unlimited bid price. During the
prequalification phase of the project Landscapes Unlimited rated #2 out of 10 contractors who submitted statement
of qualifications.
Landscapes Unlimited has good experience in the Vail Valley and is completing small renovation projects at Beaver
Creek each year so they are very familiar with the extreme weather conditions we will be experiencing. I look
forward to working with their #1 irrigation renovation crew who were identified during the interview and they arc
looking forward to showing us a great installation. Because the golf construction business is slowing I do expect the
highest level of effort from them which will insure the Vail golf course has a trouble free installation with minimum
impact from the construction efforts.
The following Items should be included in the contract to - determine the base Contract cost:
Base Bid $ 2,349,000
Remove conduit (2,500)
Add Fertigation injection system 27,000
Remove Rain Bird remote (18,000) course to upgrade existing equipment
Change to Rain Bird sprinklers (6,500)
Change to Rain Bird plastic auto valves (4,300) more reliable than Rain Bird Brass valves
Updated HDPE pricing deduct (13,000)
Change from DRl 1 to DR13.5 HDPE 160 psi rated (21,000) - 4" to 16" with 4710 resin
Paige DTS cable to Paige #14-124 VAC wire (27,750)
Reuse existing Weather stations (15,900) new electrical wire to be installed
Reduce cross connection from old system to new (14,500) pump, front, back & soccer field
Remove bunker zone system (25,560)
Remove shoulder system hydrants (12,600)
Adjustment from boring contractor (5,000)
Revised recommended irrigation contract amount $2,209,300
We have many items to complete to get the contractor under contract and it will be important to get a notice to
proceed issued to Landscapes Unlimited so they can commit to the material commodity prices.
3333 S. Wadsworth Blvd • Suite 318 • Lakewood, CO 80227
39 ° 39'12.99656 "N • 105 ° 05'11:73538 "W • 5480.822' MSL Alt.
OFFICE: 303.989.6995 • FAX: 303.989.7282 • EMAIL: LRDG1 @AOL.COM
GOLF COURSE IRRIGATION SYSTEM COST SHARING AND FUNDING
AGREEMENT
THIS GOLF COURSE IRRIGATION SYSTEM COST SHARING AND FUNDING
AGREEMENT ( "Agreement") is made and entered into as of the — day of ,
2009, by and between the TOWN OF VAIL, COLORADO, a Colorado municipal corporation,
hereinafter referred to as the "Town," and the VAIL PARK AND RECREATION DISTRICT, a
quasi- municipal corporation and political subdivision of the State of Colorado, hereinafter
referred to as the "District ". The Town and the District are sometimes referred to herein
singularly as a "Party" and collectively as the "Parties ".
WHEREAS, the Parties recently entered into an intergovernmental lease agreement dated
July 18, 2008 ( "Lease ") pursuant to which the District will occupy and operate the Town's Vail
Municipal Golf Course ( "Golf Course ") and in which the Parties set forth their intentions to
make financial contributions toward the maintenance and repair of Golf Course improvements;
and
WHEREAS, the District is contracting for the replacement and upgrade of the Golf
Course's 40 year -old irrigation system with a new system (the "Project "), which Project is
expected to deliver improved irrigation coverage, water efficiency, and reliability; and
WHEREAS, the Parties wish to supplement the Lease and memorialize their specific
agreement that the Town will pay for half the cost of the Project and loan funds to the District for
payment of the other half of the Project costs; and
WHEREAS, the Parties expect that the Town's financing of the District's contribution
pursuant to this Agreement will provide substantial savings to the Parties' mutual taxpayers,
including the avoidance of bond underwriting fees and other bond issuance and administration
costs; and
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WHEREAS, the Town and the District are authorized by the Constitution and Statutes of
the State of Colorado, including Section 29 -1 -203, C.R.S., to enter into intergovernmental
agreements to govern the provision of services to the inhabitants and visitors of the Town; and
NOW THEREFORE, in consideration of the mutual promises contained herein, the
adequacy of which is hereby admitted, the Parties hereto agree as follows:
1. The District will be the contracting party and "Owner" for contracting purposes of
the Project. The District will have sole responsibility for managing the Project.
2. The Town hereby approves the Project subject to the conditions contained herein
and provided the initial contract price shall not exceed $3,200,000.
3. The Project contract award, all payment approvals in excess of $10,000, and all
change orders shall be approved by the Public Works Director, the Town Engineer or the Town's
designated Project representative.
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4. The Town will pay 1/2 the costs of the Project up to $1,600,000. The District
shall invoice the Town for its share of each contractor invoice on a monthly basis.
5. The Town shall lend the District 1/2 the costs of the Project up to $1,600,000 in
one lump sum at a date requested by the District, but no sooner than such time as the Project
contract is awarded to the contractor.
6. Interest will be set at a fixed rate equal to the 5 year treasury rate on the date the
loan is funded by the Town.
7. Although not anticipated, any loan amounts in excess of the maximum amount set
forth herein must be requested by the District and approved by the Town. However, the District
is not prohibited from using its own funds for Project costs in excess of the amounts loaned to it
pursuant to this Agreement.
8. For accounting purposes, the District shall provide the Town with a Promissory
Note ( "Note ") evidencing the debt created hereunder in the form of Exhibit A attached hereto
and incorporated herein by reference. Specific terms of the loan authorized by this Agreement
are set forth in the Note. Such Note shall be subject to annual appropriation and shall be non-
negotiable.
9. There are no prepayment penalties if the District pays off all or a portion of the
Note earlier than required.
10. Any excess of loan funds over the District's portion of the costs of the Project
shall be promptly repaid to the Town upon completion of the Project. Any loan amounts repaid
to the Town shall constitute a prepayment of the amounts due and owing under the note.
11. The obligations of the Town and the obligations of the District hereunder and
under the Note are subject to the annual appropriation of funds necessary for the performance of
such obligations by the Town's Town Council and the District's Board of Directors,
respectively, which appropriations shall be made in the sole discretion of such bodies.
12. No amendment, modification, or waiver of any covenant, condition, or provision
hereunder shall be valid unless in writing and duly executed by the Party to be charged
therewith.
13. This Agreement embodies the whole agreement between the Parties hereto with
regard to financing the Project, and any inducements, promises, terms, representations,
conditions, or obligations made or entered into either by the Town or the District not contained
herein are void and of no force or effect.
14. All promises and covenants herein are severable, and in the event that any of them
shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as
if such invalid provision or covenant were not contained herein.
15. The District and the Town have represented to each other that each possesses the
legal ability to enter into this Agreement. In the event that a court of competent jurisdiction
determines that either of the Parties did not possess the legal ability to enter into this Agreement,
this Agreement shall be voidable by the other Party.
16. This Agreement shall not be deemed to confer or grant to any third Party any right
to claim damages or bring any legal action or claim against either the District or the Town
because of any breach hereof or any covenant, condition, or provision contained herein.
17. This Agreement may be executed in two or more counterparts, each of which
shall be an original, but all of which together shall constitute one and the same instrument.
18. The Parties agree to reasonably cooperate to execute any additional documents
and to take any additional action as may be reasonably necessary to carry out the purposes of this
Agreement.
IN WITNESS WHEREOF, the Town and the District have executed this
Intergovernmental Agreement as of the date first set forth above.
TOWN OF VAIL, a Colorado municipal
corporation
By:
VAIL PARK AND RECREATION DISTRICT, a
quasi - municipal corporation and political
subdivision of the State of Colorado
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By:
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STATE OF COLORADO )
ss.
COUNTY OF )
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The foregoing instrument was subscribed and sworn to before me this day of
20� by as of the Town of Vail, a
Colorado municipal corporation.
Witness my hand and official seal.
My commission expires:
�'Y Public
STATE OF COLORADO ) Not
ss.
COUNTY OF )
The foregoing instrument was subscribed and sworn to before me this day of
,20 by as of Vail Park and
Recreation District, a quasi - municipal corporation and political subdivision of the State of
Colorado.
Witness my hand and official seal.
My commission expires:
Notary Public
EXHIBIT A
Promissory Note
(Subject to Annual Appropriation — Non Negotiable)
U.S. $ Vail, Colorado
Date: ,
20
1. FOR VALUE RECEIVED, the undersigned (Borrower) promise(s) to pay the
Town of Vail, a Colorado municipal corporation (Note Holder), the principal sum of
Dollars (U.S. $ with interest on the unpaid
principal balance from the date hereof until paid, at the rate of (_ %) percent per annum,
simple interest (no compounding), based on the number of days elapsed. Principal and interest
shall be due and payable at 75 South Frontage Road, Vail, CO 81657, or such other place as
Note Holder may designate on the first day of December 2009 through and including 2013 (each
date being a "Payment Date "). The amount of the principal payment due on each Payment Date
will be equal to the then present note balance divided by the remaining number of payments
(which remaining number of payments shall include the then due payment).
2. Borrower is a political subdivision of the State of Colorado and the
obligations of the Borrower hereunder are subject to the annual appropriation of funds
necessary for the performance of such obligations by the Borrower's Board of Directors,
which appropriations shall be made in the sole discretion of such entity.
3. With the exception of the mandatory partial redemption at the completion of the
Project, payments received for application to this Note shall be applied first to the payment of
interest, and the balance applied in reduction of the principal amount hereof.
4. Borrower may prepay the principal amount outstanding under this Note, in whole
or in part, at any time without penalty.
5. The terms of this Note are supplemented by the terms of the Golf Course
Irrigation System Cost Sharing and Funding Agreement between the Borrower and the Town of
Vail
(CAUTION: SIGN ORIGINAL NOTE ONLY/RETAIN COPY)
ATTEST: NAIL PARK AND RECREATION
DISTRICT
Name of Organization
By
Secretary Chair
(SEAL)
100144286.DOC / 2}
Vail Town Council Meeting Minutes
Tuesday, December 2, 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
Margaret Rogers
Andy Daly
Kim Newbury
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer
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The first item on the agenda was Citizen Input.
Michael Caccippo expressed displeasure with a recent interaction with the Vail Police
Department.
Paul Rondeau spoke in support of utilizing the Town of Vail Brain Trust to formulate the
town's budget.
Local gallery owner Bill Rey expressed concern about available parking in the town (so
as to improve the local business climate).
Local gallery manager Steven DeWitt also emphasized the importance of availability of
increased shopper parking.
I
The second item on the agenda was a joint work session with the Town Council, PEC, and
DRB to listen to a presentation on the Ever Vail project proposal from Vail Resorts
Development Company.
Ruther explained the purpose of the presentation was to unveil the specifics of the project
proposal to the decision - makers and community. Ruther continued, "Over the last two
months, staff has given presentations to Council, PEC, and the DRB regarding roles and
responsibilities, development review process, required criteria and findings, and
recommendations of the LionsHead Redevelopment Master Plan in order to set the
groundwork for this joint work session meeting and the upcoming development review
process. As this was only a work session, staff did not provide a recommendation. Vail
Resorts representative John Garnsey explained the proposals name, EverVail was derived
from the Vail Resorts commitment to the everlasting relationship between the mountain,
community rejuvenation of the entire West LionsHead area and the continuation of the Vail
1
renaissance. Garnsey emphasized Vail Resorts will continue to work on intensifying
demand for the Vail experience. "We need to connect Vail with the next generations... This
will keep Vail ahead of the competition and economy ... Time is working in our favor to
widen that gap when it comes to this product ... This is not the same product we have seen
in the past." Vail Resorts Development Company (VRDC) President Keith Fernandez
provided an overview of successful VRDC projects. Vail Resorts representative Michael
Brekka then provided a project overview. Vail Resorts representative Tom Miller discussed
the sustainability component of the project. We want to do the right thing for the whole
p roject
a
community... We think sustainability is what sets this p � p art. PEC member Michael
Kurz asked what VRDC intended to do about the projects close proximity to a Eagle River
Water and Sanitation District ( ERWSD) wastewater treatment plant. Fernandez said Vail
Resorts was working with ERWSD and examining several mitigation options. PEC member
Susie Tjossem asked if the VRDC intended to increase skier days. Garnsey said the
potential carrying capacity of the mountain is up to 26,000 skiers as opposed to the current
"manage to" number of 19,900. "We think the town could easily handle increased skier
visits." Rogers asked what the VRDC intended to do to mitigate the projects impact on the
town's transit system. She then clarified bicycle paths connecting the project to the rest of
the community had been planned and that public parking was a large component of the
project. "If this is public parking I want it to be real public parking." She then applauded the
group for including employee housing in the proposal. Daly asked about the demographics
of the new generation Vail Resorts wanted to attract. He then asked what would take place
at the top of the proposed gondola area. Garnsey said the fifth mountain portal was really
about spreading out existing skiers and not creating increased skier visits. Brekka
emphasized the project was intended to house amenities to create a year' round tourist
destination. Garnsey said the live music venue would make the project attract younger
people. Foley clarified there was recognition of the need for a Simba Run underpass.
Miller said, "The Tax Increment Financing (TIF) dollars we are going to generate will allow
for the project to happen ... We think the right number to run the gondola is an additional
400 parking spaces." Hitt encouraged providing adequate skier drop -off and total mountain
connectivity. He also noted, "This whole thing might be the trigger that makes a Simba Run
underpass necessary." Cleveland remarked, "Skier drop -off is a big deal ... I do have some
real concerns about parking... Employee parking competes with skier parking today ... We
need to have enough parking to alleviate our parking problem, which is the biggest black
eye this community has." Miller responded, "Everything in the project really revolves
around circulation." Cleveland then asked if a recycling site was proposed for the project.
He then clarified the build -out of the project would be difficult to project. An estimate of five
to eight years was given. Rogers expressed concern, I don't see how this project is going
to have anywhere near, appropriate parking for the public." Tjossem clarified a children's
center was not included in the proposal. Garnsey said the issue would be addressed. Vail
Mountain Chief Operating Officer Chris Jarnot said skier service space was included in the
proposal.
The third item on the agenda was the Town Manager's Report.
• Parking Update.
Public Works Director Greg Hall provided an early season parking update. He reported
that over the past weekend skier parking took place on the Frontage Road in front of
Safeway in West Vail. "We now have over 30 construction vanpools ... The good news
is that they are not all parking in the parking structures... That's pretty significant... Due
to Vail Snowdaze (special events) we can expect to be on the Frontage Road next
2
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week ... I think we have moved a good 300 cars out of the structure." Foley clarified to
date, parking revenue was up as compared to next year. Daly asked for year to year
comparisons in the future.
• Chamonix Planning Update.
Ruther said a preliminary report in regard to the proposed project had been received
earlier in the day. "The numbers are coming back more favorably... We are looking at
some numbers that are considerably lower than they were in the past." Zemler said a
Chamonix discussion would take place at the December 16, Council Meeting.
• Revenue Update.
Foley clarified the town's sales tax collections will remain over budget even if fourth
quarter collections are ten percent lower than that collected in the fourth quarter of
2007.
• Timber Ridge RFQ Update.
Zemler said a redeveloped Timber Ridge would definitely include year round leases (as
opposed to only seasonal). In regard to an upcoming redevelopment request for
qualifications (RFQ), Zemler commented, "All respondents will respond to the same
template... They will be due on the 6 th of January." Rogers clarified the RFQ would be
sent to a plethora of potential developers.
• 1 -70 Fiber Optic Cable Installation.
Information Technology Director Ron Braden said the 1 -70 Fiber Optic Cable Installation
was very close to completion. "Work continues from mile marker 182 to 177 ... We need
a few more days of sunshine to get four manholes in ... The lateral connection to the
Public Works Administration Building is almost complete."
The fourth item on the agenda was the Consent Agenda.
a. Approval of 11.04.08 and 11. 18.08 Town Council Minutes.
Foley moved to approve the minutes with minor amendments. Hitt seconded. The
motion passed unanimously, 7 -0.
The fifth item on the agenda was the First reading of Ordinance No. 29, Series of 2008,
An Ordinance making supplemental appropriations to the Town of Vail General Fund,
Capital Projects Fund, Real Estate Transfer Tax Fund, and Debt Service Fund of the
2008 Budget for the Town of Vail, Colorado; and authorizing the expenditures of said
appropriations.
Hitt moved to approve the ordinance with Daly seconding. The motion passed
unanimously, 7 -0.
The sixth item on the agenda was the First reading of Ordinance No. 30, Series of
2008, an Ordinance Amending Title 1, Chapter 3, Section 2 of the Vail Town Code by
the Addition of the Definition of the Word "Publication."
3
The 2009 budget was passed on second reading on November 18, 2008. The 2009
budget contemplated the elimination of funding for ordinance publication in the local
papers. Section 4.10 of the Town Charter requires publication of ordinances upon their
introduction and adoption. The Charter does not define what is required by "publication ".
In 2007, the town spent $19,693 for publication of its ordinances in the Vail Daily,
requiring the Town Clerk to increase the office advertising budget during the third
supplemental appropriation by an additional $12,000. The Town Clerk has currently
spent $19,492 of the 2008 budget on publications of ordinances. Vail Daily Publisher
Steve Gall spoke in support of continuing to publish ordinances. Local newspaper
publisher Michael Caccioppo said the town does not have a right to change the definition
of public notice. Newbury said the measure would lead to more immediate publication of
ordinances as well as enhanced accuracy and validity. Newbury then moved to approve
the ordinance with Rogers seconding. Rogers said, "I don't have the slightest doubt that
what we are proposing to do is completely legal." The motion passed 5 -2, with Foley
and Hitt opposed.
The seventh item on the agenda was the 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 (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 on November 4, 2008, Council tabled the item to
the December 2, 2008, hearing and requested examples of public benefits in other
developments. On October 21, 2008, Council voted 5 -2 -0 to approve, with conditions,
Ordinance No. 22, Series of 2008, on first reading. On 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. Ruther
then provided a history of contemplated loading and delivery systems on the site. Daly
clarified there were three homeowner's associations within the SDD. Rogers expressed
concern that previous approvals were not completed and the issue of public benefits was
not resolved. She then insisted that if the ordinance was approved, the public benefit
would be completed prior to the residential conversion taking place. Daly clarified staff
did not believe the loss of commercial space was equivalent to the proposed public
improvements. Village Inn shop keeper Johnathon Staufer outlined the three
homeowner's association's boundaries. Foley clarified Digits Nail Salon (located in the
development) would not close, only be relocated. Council then attempted to clarify that
all Village Inn plaza easements guarantee all homeowner's associations must retain
public pedestrian and loading and delivery access. Daly wanted to know if the town was
a beneficiary of the proposal's easements. Newbury suggested additional public
benefits should be sought for the approval. Newbury commented, "I don't believe the
amount of fee -in -lieu is equivalent to the financial benefit the owners of the property will
be realizing ... I am suggesting we pursue inclusionary zoning equivalent to 50% as
opposed to ten percent." Mire explained that Council's ability to exact additional monies
from the property owners in this situation was not codified. Ruther confirmed the original
loading and delivery improvements could not be constructed. Rogers moved to approve
the ordinance with Foley seconding. Rogers withheld her motion. Rogers then moved
to table the item with Newbury seconding. Vail Homeowner's Association representative
Jim Lamont spoke in favor of Council sticking to their codified inclusionary zoning
4
standards. "The community p an expects equal treatment approach." The motion failed, 3-
q pP
4, with Newbury, Rogers and Gordon voting in favor. Daly then moved to approve the
ordinance with Hitt seconding. The motion failed, 3 -4 with Foley, Daly and Hitt voting in
favor. Cleveland commented, "I can't support the further erosion of commercial property
in town." Gordon then moved to table the item to the December 16 meeting with Daly
seconding. The motion passed unanimously, 7 -0.
The eighth item on the agenda was the Second Reading of Mill Levy Certification,
Ordinance No. 28, Series 2008.
Mill Levy Assessments must be certified to the County for collection annually; this
ordinance authorizes certification. Rogers moved to approve the ordinance with
Newbury seconding. The motion passed 6 -1, with Hitt opposed.
The ninth item on the agenda was Adjournment.
to adjourn with Foley seconding at approximately 10:04
Newbury mo ved � Y g pp Y .m. The p
motion passed unanimously, 7 -0.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
i
5
Vail Town Council Meeting Minutes
Tuesday, December 16, 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
Margaret Rogers
Andy Daly
Not present: Kim Newbury
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer
EVENING SESSION BRIEFS
The first item on the agenda was Citizen Input.
There was none.
The second item on the agenda was Appointments to the Commission on Special
Events (CSE) and Vail Local Marketing District Advisory Committee (VLMDAC) boards.
CSE: Members of the CSE shall serve at the will of the Town Council. The CSE shall
support the Town Council's goals and objectives and makes decisions in alignment with
the Town Council's marketing direction. The mission of the CSE is to support street
entertainment and special events for vitality, year -round fun, sense of community and
increased quality of experience for guests and residents. The functions and /or duties of
CSE shall include, but are not limited to: hiring and overseeing a director and /or staff, as
well as event producers and /or promoters; creating, funding and seeking special events
for the Town of Vail; evaluating event applications and event success; submitting an
annual budget for operations and events; coordinating the community calendar for
special events; seeking out additional funding for special events through sponsorships
and donations; evaluating and executing contracts for special events; and all other
functions as directed by the Town Council. There were three vacancies on the CSE.
The town received thirteen applications for the vacancies. Three applicants were
incumbent members of the CSE (noted by asterisks below). The Council interviewed
each applicant at the work session.
The applicants are as follows:
I
Brooks Bock, M.D. Dan McNutt
Dave Chapin* Keith Ozda
Kyle Denton Michelle Ram p elt
Danielle Gibson Heather Trub*
Ron Girotti Mia Vlaar
Ben Hohman Julie Weihaupt
Meggen Kirkham* James Wilkins
Foley moved to appoint Chapin, Kirkham and Trub to the CSE with Daly seconding. The
motion passed unanimously, 6 -0.
VLMDAC: The mission of the VLMDAC is to strengthen the area economy b attracting
9 Y Y 9
visitors to Vail in the May to October time frame. Per C.R.S. 29 -5 -111 General powers
of district. (1)(g) All applicants must be "owners of property within the boundaries of the
district," which includes by definition corporations or entities which own property "within
the boundaries of the district." Should an entity be appointed to this advisory council, it
would then be up to that entity to appoint its designee. Additionally, owners of "taxable
personal property" will be considered for appointment. The Town received six
applications for the vacancies. Four of the applicants were incumbent members of the
VLMDAC (noted by asterisks below). The Council interviewed each applicant at the
work session.
The applicants were as follows:
Sarah Franke
Ben Hohman
Bob Llewellyn*
Beth Slifer*
Pam Stenmark*
Adam Sutner * (Vail Resorts representative reappointment)
Council's preliminary vote resulted in a tie. Hitt then moved to revote with Rogers
seconding. The motion passed unanimously, 6 -0. After re- voting Foley moved to
approve the appointment of Llewellyn, Slifer, Sutner and Vlaar to the VLMDAC with
Rogers seconding. The motion passed unanimously, 6 -0.
The third item on the agenda was the Town Manager's Report.
• Federal Economic Stimulus Package Recommendations.
Zemler said he was skeptical the proposed federal program would directly benefit town
projects. "It's my speculation this (program proposal) is going to change and change a
lot." Cleveland said, "This list is not an application for anything... This process could start
all over again with parameters and guidelines." Zemler said he would assemble a
rational list and submit it. Lamont encouraged Council to position themselves 9
to have
projects in a form read to break round.
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• Ford Park Managed Parkin '09 Summer Proposal.
9 9 p
Assistant Town Manager Pam Brandmeyer reported The 2009 Managed Parking
Calendar Schedule for Ford Park had been compiled by the Ford Park User Committee.
2
There are currently 38 days of paid parking requested as well as one managed parking
date. This calendar is subject to change as more events are added to the various
schedules of the user groups at Ford Park. Council agreed it was no longer necessary to
bring the proposal before Council.
• ECO Trails Committee Names 2008 Trail Supporters.
Cleveland said the town had been honored for their continued support of ECO Trails.
The fourth item on the agenda was a Presentation of Same Store Sales reports in both
Vail Village and LionsHead during summer 2008 compared to 2007, as well as a preview
of market forces affecting travel during the 2008/2009 ski season.
Council requested a report detailing same store sales for summer 2008 compared to
2007 in the categories of restaurant, retail and lodging. Ralf Garrison of the Advisor
Group compiled the information and presented it to Council while highlighting the
following:
--"Same Store" Report Set.
-- Economic and Travel Indicators.
-- Market Forces.
-- Transient Occupancy Study.
-- Reservation Activity Outlook as of November 30, 2008.
The fifth item on the agenda was Ordinance No. 32, Series of 2008, an emergency
ordinance amending Ordinance No. 20, Series of 2008; prescribing other details in
connection therewith; and declaring an emergency.
Budget and Financial Reporting Manager Kathleen Halloran reported the town issued
$8,760,000 of Tax - Exempt Sales Tax Revenue Refunding Bonds in 1998 to refinance
certain bonds outstanding at that time. The bonds were issued with interest rates
ranging from 4.25% to 4.5% with maturities through 2012. On September 16, 2008,
Council approved Ordinance No. 20, Series of 2008, authorizing the issuance of Sales
Tax Revenue Refunding Bonds, Series 2008 for the purpose of refinancing the
outstanding 1998A bonds at a lower interest rate with the same maturity. "Issuance of
the new bonds has been delayed due to market conditions... Conditions are presently at
a point where it is advisable to issue the bonds. Because of the delay in marketing the
bonds, however, the "redemption date" specified in the original ordinance has passed
and it is necessary to amend Ordinance No. 20 redefining the redemption date." An
emergency ordinance was requested so the bonds could be marketed immediately.
Rogers moved to approve the ordinance with Gordon seconding. Halloran noted, "Rates
are six to eight basis points from our targeted savings ($188,000)." Cleveland and Daly
asked if the town could save more money by paying the bonds off immediately. Council
agreed to direct staff to examine the benefits of paying the bonds off. Rogers stated, "I
don't feel like I have enough information to make a good decision." The motion passed
unanimously, 6 -0.
The sixth item on the agenda was the Second reading of Ordinance No. 29, Series of
2008, An Ordinance making supplemental appropriations to the Town of Vail General
Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, and Debt Service Fund of
3
i
i
the 2008 Budget for the Town of Vail, Colorado; and authorizing the expenditures of said
appropriations as set forth herein.
Gordon moved to pass the ordinance with Rogers seconding. The motion passed
unanimously, 6 -0.
The seventh item on the agenda was the First reading of Ordinance No. 31, Series of
2008, for prescribed regulations amendments to Section 12 -13, Employee Housing, Vail
Town Code, to establish a deed - restriction exchange program.
Housing Coordinator Nina Timm stated that on June 3, 2008, Council directed the
Community Development Department to prepare amendments to the Vail Town Code to
establish an Employee Housing Unit (EHU) deed restriction exchange program. On
October 28 2008, the Vail Local Housing Authority (VLHA) held a public hearing and
reviewed and forwarded a recommendation of approval to Council for the proposed text
amendments to the Zoning Regulations. On December 8, 2008, the PEC voted 5 -0 -0 to
forward a recommendation of approval, pursuant to Section 12 -3 -7, Amendment, Vail
Town Code, for prescribed regulations amendments to Section 12 -13, Employee
Housing, Vail Town Code, to provide additional regulations establishing a deed -
restriction exchange program. Rogers and Daly questioned the actual incentive value of
the ordinance and questioned the role of town financing. Mire clarified, "You could start
a new program if you warranted it necessary after you started this program." Rogers
clarified, "With this ordinance we are selling square footage back to the owners of these
properties." During a pause for public comment, VLHA member Steve Lindstrom
commented, "We are looking to further the goal of providing more housing in town, and
we feel like this is a step along the way... We can modify it... We are just recommending
this as a first step, this is a living document that can be changed." Rogers moved to
approve the ordinance (with conditions no dollars would go to property owners) with
Foley seconding. The motion passed unanimously, 6 -0. Cleveland said the purpose of
the ordinance was to try to create housing immediately.
The eighth item on the agenda was the First reading of Ordinance No. 33, Series of
2008, for prescribed regulations amendments to Section 11 -10 -7, Open House Signs,
Vail Town Code, to allow for amendments to the open house sign regulations.
At its November 4, 2008, public hearing, Council directed staff to prepare text
amendments to update the town's open house sign regulations. On December 8, 2008,
the PEC voted 4 -0 -1 (Kurz recused) to forward a recommendation of approval, with
modifications, for prescribed regulation amendments, pursuant to Section 11 -3 -3,
Prescribed Regulation Amendment, Vail Town Code, to amend Section 11 -7 -10, Open
House Signs, Vail Town Code, to allow for changes to the open house signs regulations.
Planner Bill Gibson clarified open house signs were not allowed to be placed on the
Frontage Roads and 1 -70 as they were under the purview of the state and federal
government. Rogers clarified real estate agents were probably unaware of public right -
of -way issues. Gibson emphasized, "We want to ensure they (realtors) are in fact
advertising an open house event and not creating a defacto 'for sale' sign." Daly moved
to approve the ordinance with Hitt seconding. During a pause for public comment Vail
Board of Realtors representative Matt Fitzgerald spoke in support of the ordinance. Vail
Homeowner's Association representative Jim Lamont said too many signs may create
an image that the community is losing its value. The motion passed 5 -1 with Cleveland
opposed. Cleveland commented, "I think this is a solution looking for a problem."
4
Rogers left the meeting.
The ninth item on the agenda was the 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.
Planner Nicole Peterson announced that on December 2, 2008, Council tabled the item
to the December 16, 2008 hearing. On November 4, 2008, Town Council tabled the item
to the December 2, 2008, hearing and requested examples of public benefits in other
developments. On October 21, 2008, Council voted 5 -2 -0 to approve, with conditions,
Ordinance No. 22, Series of 2008, on first reading. On 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. The
applicant's legal representative Tim Devlin said his clients had proposed to provide 375
square feet of employee housing as opposed to the required124. A lift to provide access
for the disabled and vendors was also included in the proposal. Gordon moved to
approve the ordinance with Daly seconding. Gordon commented, "I now feel there is
significant public benefit to this project." The motion passed, 4 -1 with Cleveland
opposed. Cleveland commented he did not feel like the proposal was consistent with
the Vail Village Master Plan.
The tenth item on the agenda was the Second Reading of Ordinance No. 30, Series of
2008, an Ordinance Amending Title 1, Chapter 3, Section 2 of the Vail Town Code by
the Addition of the Definition of the Word "Publication."
Town Attorney Matt Mire reported the 2009 budget passed on second reading on
November 18, 2008. This 2009 budget eliminated funding for publication in the local
papers. Section 4.10 of the Town Charter requires publication of ordinances upon their
introduction and adoption. The Town Charter does not define what is required by
"publication." In 2007, the Town spent $19,693 for publication of its ordinances in the
Vail Daily, requiring the Town Clerk to increase the office advertising budget during the
third supplemental appropriation by an additional $12,000. The Town Clerk has
currently spent approximately $19,500 of the 2008 budget on publication of ordinances.
Daly said he believed there should be an ordinance mandating that the town's agendas
should be published in the newspaper. He then moved to approve the ordinance with
Gordon seconding. Hitt and Foley said they thought the ordinance was premature. The
motion failed 3 -2, with Hitt and Foley opposed. (Four votes, or a majority of the full
Council is required to pass an ordinance on seconding reading as per Town Code.)
Gordon then moved to table the item until January 6, 2009, with Daly seconding. The
motion passed 3 -2 with Foley and Hitt opposed.
The eleventh item on the agenda was an Approval of Resolution No. 27, Series of
2008Vail Economic Development Strategic Plan.
The Vail Economic Advisory Council (VEAC)and Town of Vail, represented by Town of
Vail Economic Development Manager Kelli McDonald requested Council perform a final
5
review of Resolution No. 27, Series of 2008, for the adoption of the Vail Economic
Development Strategic Plan. In order to facilitate the implementation of the adopted
vision and goals, Council requested a Vail Economic Development Strategic Plan.
Council approved the vision, mission and goals of the strategic plan on July 15, 2008.
The creation of the plan has been spearheaded by the Economic Development
Department and the Vail Economic Advisory Council, with the assistance of the, major
contributors listed in the plan. The process to complete the Economic Development
Strategic Plan involved the following:
• An inventory of Vail economic, financial, marketing, and closely related studies, reports
and plans.
• A SWOT (Strengths, Weaknesses, Opportunities, Threats) Analysis conducted by the
Vail Economic Advisory Council.
• Research and gathering of similar community economic development studies, plans
and tools. (Special thank you to the communities of Breckenridge, Park City and
Steamboat Springs).
• A thorough analysis of the inventory to determine the long -term implications of such
data.
• A creative interpolation of the vision and goals adopted by the community and Council,
combined with the inventory, research and analysis, to create a realistic and
achievable Economic Development Strategic Plan for the Town of Vail.
• Vision, mission and goals approved by Vail Town Council July 15, 2008.
• Adopted by Vail Economic Advisory Council November 11, 2008.
• Presented to Commission on Special Events November 18, 2008.
• Presented to Vail Local Marketing District Advisory Council November 20, 2008.
• Presented to Planning and Environmental Commission November 24, 2008.
• Presented to Town of Vail Directors Staff December 4, 2008.
Daly said he wanted the VEAC to really become an active component of keeping Vail
competitive in the global market. During a pause for public comment, Kaye Ferry
reminded Council that a recent Northwest Colorado Council of Governments study
showed second homeowners were the largest economic drivers in resort communities.
Daly moved to approve the resolution with Gordon seconding. McDonald reported
Council would receive their first "economic indicator" report before the end of the first
quarter in 2009. The motion passed unanimously, 5 -0.
The twelfth item on the agenda was Adjournment.
Foley moved to adjourn with Hitt seconding at approximately 9:15 p.m. The motion
passed unanimously, 5 -0.
Dick Cleveland, Mayor
ATTEST:
6
,
MEMORANDUM
To: Town Council
From: Matt Mire, Town Attorney
Subject: Ordinance 30, Series 2008; Publication of Ordinances
Date: 12/30/2008
This memorandum addresses the Town Council's options
regarding the publication of ordinances as a result of eliminating the funding for
publishing ordinances in full in the newspaper as part of the approval of the 2009
budget.
I. Purpose
Ordinance No. 30, Series 2008, has a single purpose: to
eliminate the use of the newspaper for the publication of Town of Vail
ordinances in their entirety.
Accordingly, if the Town Council (the "Council ") wishes to
continue to publish ordinances in the newspaper (either as the sole method of
publication, or in addition to any other method of publication, including the
internet) then Ordinance No. 30 should NOT be adopted, and a supplemental
appropriation should be approved to cover the 2009 costs associated with
publishing ordinances in full in the newspaper.
II. Background
The Town Charter (the "Charter "), which was approved at an
election in 1972, provides in pertinent part:
(a) The ordinance shall be introduced at any regular meeting of
the council by any member thereof.
i
(b) The ordinance shall be read in full, or in cases where copies of
the ordinance are available to the council and are or have been made
available to the public, said ordinance may be read by title only.
(c) After the first reading of the ordinance, the same shall be
approved with or without amendment or rejected by a vote of the council.
(d) If the ordinance is approved on first readi ng, it shall be
published once in full unless otherwise provided herein. The council shall
set a day, hour, and place at which council shall hold a public hearing on
{
the ordinance and notice of said day, hour, and place shall be included in
the first publication.
(e) The ordinance shall be introduced at council a second time, at
a meeting not earlier than seven (7 days after first publication, for final
approval, rejection, or other action as may be taken by vote of the council.
(n Except as otherwise provided herein, an ordinance, if amended
subsequent to its last publication, shall be published in full after anal
passage but if not amended, it shall be published either by title or in full
as the council may determine.
reference
Whenever an ordinance shall be published b or b
(g) Whenever y Y
title, the publication shall contain a summary of the subiect matter of said
ordinance and shall contain a notice to the public that copies of the
proposed ordinance are available at the office of the town clerk. The
publication of any ordinance by reference or by title as provided herein
must set forth in full any penalty clause contained in said ordinance.
As set forth above, the publication of an ordinance both at its introduction
and after its adoption is a legal prerequisite to the validity of any ordinance
adopted by the Council. Although the word is not defined for purposes of the
Charter, the Town of Vail has always interpreted the word "Publish" or
"Publication" to mean publication in a newspaper and has historically published
the full text all of its ordinances in the newspaper as its method of Charter
compliance.
Previous Town Councils have been advised that in order to comply with
the above - referenced Charter provision and to avoid the process of publishing its
ordinances in the newspaper, the Town would have to amend the Charter via a
general election. However, the law in Colorado actually allows the Town to
define the word "Publish" or "Publication" by ordinance and without a general
election.
M. Recommendations
Since the publication of an ordinance is a legal requirement to its
validity, it is not advisable to create additional procedural hurdles to an ordinance
becoming effective. SO, AGAIN, IF THE COUNCIL WOULD LIKE TO
CONTINUE TO PUBLISH ORDINANCES IN THE NEWSPAPER, DO NOT
PASS ORDINANCE 30.
2
The following options are available to the Town Council:
OPTION 1 - CONTINUE TO PUBLISH ORDINANCES
ONLY IN THE NEWSPAPER
If you choose this option, do NOT pass Ordinance 30, Series 2008.
OPTION 2 - CONTINUE TO PUBLISH ORDINANCES IN
THE NEWSPAPER, AND ON THE TOWN WEBSITE (AND ANY
OTHER WEBSITE(S))
If you choose this option, do NOT pass Ordinance 30, Series 2008.
Passing this ordinance would only create additional procedural pitfalls in
the adoption of any ordinance, which could render the ordinance invalid.
OPTION 3 - STOP PUBLISHING ORDINANCES IN THE
NEWSPAPER
If you choose this option, PASS Ordinance 30 and define
"Publication" in the manner you feel is appropriate (other than
publication in the newspaper). Keep in mind, however, the way you
choose to define the word. "Publish" or "Publication" dictates the legal
process the Town must comply with to make the ordinance valid.
If you choose option 3 and decide to pass Ordinance 30, the
following definitions of "Publish" or "Publication" are provided for your
consideration:
1) Define "Publish" or "Publication" as publishing on the Town's
website only. (this is the option reflected in the current draft
ordinance)
a. This is the recommendation of the Town Attorney
because the Town can control the publication of all
ordinances in compliance with the Town Charter.
NOTE: We have been successfully publishing all
ordinances and resolutions on the Town's web site
since directed top do so by the Town Council on June
of 2008.
b. Even though the definition would only require
publication on the website, the Town could also choose
to publish or post a legal notice regarding the
3
. I
ordinance, in the paper or in any place in Town without
making it a statutory requirement.
2) Define "Publish" or "Publication' as physically posting in
Town in one (1) place or in multiple places only
a. This is the method used by Avon.
b. This method is only recommended in addition to
publication on the website as described below, or as a
backup method to be available if the internet is down
for any extended period of time.
3) Define "Publish" or "Publication" as a combination of the
posting on the website and/or physically posting in Town
4) Define "Publish" or "Publication" in any manner deemed
appropriate by Council that has not yet been proposed by staff
4
ORDINANCE NO. 30
SERIES 2008
AN ORDINANCE AMENDING TITLE 1, CHAPTER 3, SECTION 2 OF THE VAIL TOWN CODE
BY THE ADDITION OF THE DEFINITION OF THE WORD "PUBLICATION "; AND SETTING
FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town "),
is a home rule municipal corporation duly organized and existing under laws of the State of
Colorado and the Town Charter (the "Charter "); and
WHEREAS, the members of the Town Council of the Town (the "Council ") have been
duly elected and qualified; and
WHEREAS, Section 4.10 of the Charter requires publication of ordinances upon their
introduction and adoption; and
WHEREAS, the Charter does not define what is required by "publication;" and
WHEREAS, the Council understands that more and more citizens are receiving
information through the World Wide Web than through traditional newspapers; and
WHEREAS, the provisions of this ordinance provide for the greatest dissemination of
information to the citizens of the Town regarding matters of public concern; and
WHEREAS, the Council considers it in the interest of the public health, safety, and
welfare to adopt this amendment to the Vail Town Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Title 1, Chapter 3, Section 2 of the Vail Town Code is hereby amended by
the addition of the definition of the word "publication" which shall read as follows:
Publication, publish or For the purposes of the Town Charter and this Code, except
Published: where publication in a newspaper is specifically required by the
Charter, an ordinance or state statute, the term "publication ",
"publish" or "published" shall mean posting on the Town of Vail
web site. If, for any reason, publication on the Town's web site
cannot be accomplished "publication ", "publish" or "published"
shall mean a minimum one (1) of the following two (2) methods:
(1) physical posting at the Town of Vail Municipal Building; or (2)
publication in a newspaper of general circulation in the Town of
Vail.
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.
Ordinance No. 30, Series 2008
Section 3. 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 p rior 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 4. 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.
Section S. 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.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 2 nd du of December, 2008 and a public
hearing for second reading of this Ordinance set for the 16 day of December, 2008, in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
Richard Cleveland, Town Mayor
I
Attest:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6th
day of January, 2009.
Richard Cleveland, Town Mayor
Attest:
Lorelei Donaldson, Town Clerk
I
Series Ordinance No. 30, Se es 200 8
2
MEMORANDUM
TO: Town Council
FROM: Community Development Department
DATE: January 6, 2009
SUBJECT: Ordinance No. 31, Series of 2008, for prescribed regulations amendments
to Chapter 12 -13, Employee Housing, Vail Town Code, to provide
additional regulations establishing a deed - restriction exchange program,
and setting forth details in regard thereto. (PEC080071)
Applicant: Vail Local Housing Authority
Planner: Bill Gibson and Nina Timm, Housing Coordinator
I. DESCRIPTION OF THE REQUEST
The applicant, Town of Vail, is requesting a second reading of Ordinance No. 31, Series
of 2008, for prescribed regulations amendments to Chapter 12 -13, Employee Housing,
Vail Town Code, to provide additional regulations establishing a deed - restriction
exchange program, and setting forth details in regard thereto. The proposed Ordinance
No. 31, Series of 2008, has been attached for review.
II. BACKGROUND
On June 3, 2008, the Vail Town Council directed the Community Development
Department to prepare amendments to the Vail Town Code to establish an Employee
Housing Unit (EHU) deed restriction exchange program.
On October 28, 2008, the Vail Local Housing Authority of the Town of Vail held a public
hearing and reviewed and forwarded a recommendation of approval to the Vail Town
Council for the proposed text amendments to the Zoning Regulations.
On December 8, 2008, the Planning and Environmental Commission voted 5 -0 -0 to
forward a recommendation of approval to the Town Council for the proposed
amendments.
On December 16, 2008, the Town Council voted 6 -0 -0 to approve Ordinance No. 31,
Series of 2008, on first reading, with modifications to Sub - section 12- 13 -5D -7 to
eliminate the recommended maximum conveyance price of a proposed EHU.
The Council's modifications, and minor wording clarifications recommended by the
Town's consulting legal advisor (which do not change the substance of the
amendments), have been incorporated into the attached ordinance. Staff has also
updated the proposed review criteria found in Subsection 12- 13 -5 -173 of the ordinance.
1
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III. STAFF RECOMMENDATION
The Community Development Department recommends the Town Council approves, on
second reading, Ordinance No. 31, Series of 2008, for prescribed regulations
amendments to Chapter 12 -13, Employee Housing, Vail Town Code, to provide
additional regulations establishing a deed- restriction exchange program, and setting
forth details in regard thereto.
Should the Town Council choose to approve these amendments, the Community
Development Department recommends the Town Council pass the following motion:
"The Town Council approves, on second reading, Ordinance No. 31, Series of
2008, for prescribed regulations amendments to Chapter 12 -13, Employee
Housing, Vail Town Code, to provide additional regulations establishing a deed-
restriction exchange program, and setting forth details in regard thereto."
i
Should the Town Council choose to approve Ordinance No. 31, Series of 2008, on
second reading, the Community Development Department recommends the Town
Council makes the following findings:
"Based upon the review of the criteria outlined in Section Vll of Staffs December
8, 2008, memorandum and the evidence and testimony presented, the Town
Council rinds:
1. That the amendments are consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail Comprehensive
Plan and is compatible with the development objectives of the Town; and
2. That the amendments further the general and specific purposes of the Zoning
Regulations outlined in Section 12 -1 -2, Purpose, and Section 13 -1 -1,
Purpose, Vail Town Code; and
3. That the amendments 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."
IV. ATTACHMENTS
Ordinance No. 31, Series of 2008
2
1
ORDINANCE NO. 31
SERIES 2008
AN ORDINANCE AMENDING CHAPTER 12 -13, EMPLOYEE HOUSING, VAIL
TOWN CODE, TO ESTABLISH A DEED - RESTRICTION EXCHANGE
PROGRAM, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, on June 3, 2008, the Vail Town Council directed the Community
Development Department to prepare amendments to the Vail Town Code to establish an
Employee Housing Unit (EHU) deed restriction exchange program; and,
WHEREAS, on October 28, 2008, the Vail Local Housing Authority of the Town of Vail
held a public hearing and reviewed and forwarded a recommendation of approval to the Vail
Town Council for the proposed text amendments to the Zoning Regulations; and,
WHEREAS, on December 8, 2008, the Planning and Environmental Commission of the
Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval
to the Vail Town Council for the proposed text amendments to the Zoning Regulations in
accordance with the procedures and criteria and findings outlined in Section 12 -3 -7 of the Vail
Town Code; and,
WHEREAS, the Town Council finds and determines that the amendments are consistent
with the applicable elements of the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development objectives of the Town, based
upon Section VII of the Staff memorandum to the Planning and Environmental Commission
dated December 8, 2008, and the evidence and testimony presented; and,
WHEREAS, the Town Council finds and determines that the amendments further the
general and specific purposes of the Zoning Regulations, based upon Section VII of the Staff
memorandum to the Planning and Environmental Commission dated December 8, 2008, and
the evidence and testimony presented; and,
WHEREAS, the Town Council finds and determines that the amendments promote the
health, safety, morals, and general welfare of the Town and promote the coordinated and
harmonious development of the Town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential community of the highest
quality, based upon Section VII of the Staff memorandum dated December 8, 2008; and,
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1 . Section 12 -13 -5, Employee Housing Deed Restriction Exchange
Program, Vail Town Code is hereby established as follows:
12 -13 -5: Employee Housing Unit Deed Restriction Exchange Program:
A. Purpose:
I
Ordinance No. 31, Series of 2008, second reading
r
The purpose of this Section is to provide occupied livable, affordable
employee housing units within the Town of Vail through the establishment
of an employee housing unit deed restriction exchange program.. The
exchange program allows for the release of a deed restriction from an
existing employee housing unit in exchange for the conveyance of a free -
market dwelling unit to the Town of Vail to be deed restricted.
B. Applicability:
The program established under this Section applies to existing employee
housing units. This shall not apply to any existing employee housing unit
that is already price appreciation capped or any employee housing unit
established to meet the on -site employee mitigation requirements of
Chapter 12 -23 Commercial Linkage, or Chapter 12 -24, Inclusionary Zoning,
p g
or as part of an approved development plan.
C. Definitions:
For the purpose of this Section:
Commercial Job Core: Those areas located south of Interstate 70, east of
the intersection of Forest Road and South Frontage Road, north of Vail
Mountain, and west of the Town of Vail Soccer Fields on Vail Valley Road,
as further defined by Exhibit A in this Section.
Exchange EHU: The existing non -price appreciation capped employee
housing unit with a deed restriction that is being proposed to have the
deed restriction released as part of this program.
Proposed EHU: The existing dwelling unit that is being proposed to be
conveyed to the Town of Vail for the purpose of placing a new employee
housing deed restriction as part of this program.
D. General Requirements:
1. Exchange EHU requirements:
a. The exchange EHU shall not be part of any employee housing project
developed or deed - restricted (in part or in whole) by the Town of Vail.
b. The exchange EHU shall not be part of any on -site employee housing
mitigation required by inclusionary zoning, commercial linkage, or as
part of an approved development plan.
2. Proposed EHU requirements:
a. The proposed EHU(s) shall be located within the Town of Vail.
b. The proposed EHU(s) shall be within a homeowners association that
does not preclude deed restricted units, does not have a right of first
refusal, does not have right to approve the sale or the sale contract, or
have any other requirements deemed to be similarly restrictive by the
Administrator.
2 Ordinance No. 31, Series of 2008, second reading
1
3. Exchange Rate:
a. If the exchange EHU(s) is within the commercial job core and the
proposed . EHU(s) is also within the commercial job core, the gross
residential floor area (GRFA) of the proposed EHU(s) shall be a
minimum of two (2) times the gross residential floor area (GRFA) of the
exchange EHU.
b. If the exchange EHU is within the commercial job core and the
proposed EHU(s) is, outside of the commercial job core, the gross
residential floor area (GRFA) of the proposed EHU(s) shall be a
minimum of three (3) times the gross residential floor area (GRFA) of
the exchange EHU.
c. If the exchange EHU is outside of the commercial job core and the
proposed EHU(s) is inside of the commercial job core, the gross
residential floor area (GRFA) of the proposed EHU(s) shall be a
minimum of one and one -half (1.5) times the gross residential floor area
(GRFA) of the exchange EHU.
d. If the exchange EHU is outside of the commercial job core and the
proposed EHU(s) is outside of the commercial job core, the gross
residential floor area (GRFA) of the proposed EHU(s) shall be a
minimum of two (2) times the gross residential floor area (GRFA) of the
exchange EHU.
4. Exception; Fee -In -Lieu: The applicant may elect to provide a proposed
EHU(s) that is within 80% of the minimum required gross residential floor
area (GRFA) for the proposed EHU if a payment is made for the remaining
minimum required gross residential floor area (GRFA) at the rate
established by the Vail Town Council for Inclusionary Zoning payments of
fee in lieu established by Chapter 12 -23, Inclusionary Zoning, Vail Town
Code.
5. No Credit Given: If the gross residential floor area (GRFA) of the proposed
EHU(s) is in excess of the minimum required gross residential floor area
(GRFA) as set forth in Subsection D3 above, the additional gross
residential floor area (GRFA) shall not be eligible for use as any form of
future credit or for the Commercial Linkage or Inclusionary Zoning
employee housing mitigation banks established by Sections 12 -23 -7 and
12 -24 -7, Vail Town Code.
6. Compliance with Zoning Regulations: The properties that include the
exchange EHU and the proposed EHU(s) shall fully comply with all
requirements of Title 12, Zoning Regulations, and Title 14, Development
Standards, Vail Town Code, upon exchange of the deed restrictions.
7. Conveyance of Proposed EHU: The proposed EHU shall be conveyed, fee
simple, to the Town of Vail
E. Fees:
The Town Council shall set an application fee schedule sufficient to cover
the cost of Town Staff time and other expenses incidental to the review of
3 Ordinance No. 31, Series of 2008, second reading
r
the application. The fee shall be paid at the time of the application, and
shall not be refundable.
F. Review Process:
1. Submittal Requirements: The Administrator shall establish the submittal
requirements for an Employee Housing Deed Restriction Exchange
application. A complete list of the submittal requirements shall be
maintained by the Administrator and filed in the Community Development
Department. Certain submittal requirements may be waived and/or
modified by the Administrator and /or the reviewing body if it is
demonstrated by the applicant that the information and materials required
are not relevant to the proposed exchange. The Administrator and /or the
reviewing body may require the submission of additional materials if
deemed necessary to properly evaluate the application.
2. Review Procedures:
a. Administrator Review: The Administrator shall review the application
for completeness and compliance with this Section, and shall make a
determination of completeness and compliance with this Section within
fourteen (14) days of application submittal. Should the Administrator
deem that the application is incomplete or not in compliance with this
Section, the Administrator shall deny the application. Should the
Administrator deem the application is both complete and in compliance
with this Section, the Administrator shall forward the application for
review by the Vail Local Housing Authority.
b. Vail Local Housing Authority Review: The review of a proposed
Employee Housing Deed Restriction Exchange application shall be held
by the Vail Local Housing Authority at a regularly scheduled meeting. A
report of the Community Development Department Staffs findings and
recommendations shall be made at the formal hearing before the Vail
Local Housing Authority. Within twenty (20) days of the closing of a
public hearing on a proposed amendment, the Vail Local Housing
Authority shall act on the application. The Authortiy may recommend
approval of the application as initiated, may recommend approval with
such modifications as it deems necessary to accomplish the purposes
of this Title, or may recommend denial of the application. The Authority
shall transmit its recommendation, together with a report on the public
hearing and its deliberations and findings, to the Town Council.
c. Town Council Review: Upon receipt of the report and recommendation
of the Authority, the Town Council shall set a date for hearing within the
following thirty (30) days. Within twenty (20) days of the closing of a
public hearing on the application, the Town Council shall act on the
application. The Town Council shall consider but shall not be bound by
the recommendation of the Vail Local Housing Authority. The Town
Council may approve, either in accordance with the recommendation of
the Vail Local Housing Authority or in modified form, or the Council may
deny the application.
4 Ordinance No. 31, Series of 2008, second reading
3. Criteria and Findings:
a. Criteria: Before acting on an Employee Housing Deed Restriction
Exchange application, the Vail Local Housing Authority and Vail Town
Council shall consider the following criteria with respect to the
application:
1. The proximity and accessibility of the proposed EHU(s) to the
Commercial Job Core and public transportation; and
2. The size of the proposed EHU(s) in relation to the minimum
employee housing unit sizes established for Commercial
Linkage mitigation in Section 12 -23 -3 Vail Town Code; and
9 g ,
3. The effect of any homeowners association dues or
maintenance fees imposed upon the proposed EHU(s) on the
affordability of the proposed unit for an employee; and
4. The correlation between any homeowners association fees
Imposed upon the proposed EHU(s) and the services and
amenities provided by the homeowners association.
i
b. Necessary Findings: Before recommending and /or granting an approval
of an Employee Housing Deed Restriction Exchange application, the
Vail Local Housing Authority and the Vail Town Council shall make the
following findings with respect to the application:
1. The application meets the general requirements of Section
12- 13 -5D, Vail Town Code; and
2. The application is consistent with the applicable elements of
the adopted goals, objectives and policies outlined in the Vail
comprehensive plan and is compatible with the development
objectives of the Town; and
3. The application furthers the general and specific purposes of
the zoning regulations, Section 12 -1 -2, Vail Town Code, and
the employee housing regulations, Section 12 -13 -1, Vail Town
Code; and
4. The application 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.
Section 3 . 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 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.
5 Ordinance No. 31, Series of 2008, second reading
R
{
Section 5 . The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision amended. The amendment of
any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 6 . All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 16 day of December, 2008 and a
public hearing for second reading of this Ordinance set for the 6 th day of January, 2009, in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
Richard D. Cleveland, Mayor
Attest:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6th
day of January, 2009.
Richard D. Cleveland, Mayor
Attest:
Lorelei Donaldson, Town Clerk
g Ordinance No. 31, Series of 2008, second reading
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MEMORANDUM
TO: Town Council
FROM: Community Development Department
DATE: January 6, 2009
SUBJECT: Ordinance No. 33, Series of 2008, for prescribed regulations amendments
to Section 11 -10 -7, Open House Signs, Vail Town Code, to allow for
amendments to the open house sign regulations, and setting forth details
in regard thereto. (PEC080073)
Applicant: Town of Vail
Planner: Bill Gibson
I. DESCRIPTION OF THE REQUEST
The applicant, Town of Vail, is requesting a second reading of Ordinance No. 33, Series
of 2008, for prescribed regulations amendments to Section 11 -10 -7, Open House Signs,
Vail Town Code, to allow for amendments to the open house sign regulations, and
setting forth details in regard thereto. The proposed Ordinance No. 33, Series of 2008,
has been attached for review.
II. BACKGROUND
At its November 4, 2008, public hearing, the Town Council directed Staff to prepare text
amendments to the Town's open house sign regulations.
On December 8, 2008, the Planning and Environmental Commission voted 4 -0 -1 to
forward a recommendation of approval, with modifications, to the Town Council for the
proposed amendments.
On December 16, 2008, the Town Council voted 5 -1 -0 (Cleveland opposed) to approve
Ordinance No. 33, on first reading, with modifications to allow, a maximum of three
vehicular directional open house signs and to limit the display of open houses signs to
no more than three consecutive days. Those modifications have been incorporated into
the attached ordinance.
III. STAFF RECOMMENDATION
The Community Development Department recommends the Town Council approves, on
second reading, Ordinance No. 33, Series of 2008, for prescribed regulations
amendments to Section 11 -10 -7, Open House Signs, Vail Town Code, to allow for
amendments to the open house sign regulations, and setting forth details in regard
thereto.
Should the Town Council choose to approve these amendments, the Community
Development Department recommends the Town Council pass the following motion:
1
I
"The Town Council approves, on second reading, Ordinance No. 33, Series of
2008, for prescribed regulations amendments to Section 11 -10 -7, Open House
Signs, Vail Town Code, to allow for amendments to the open house sign
regulations, as outlined in Attachment A of the Staff memorandum dated
December 8, 2008, and setting forth details in regard thereto. "
Should the Town Council choose to approve Ordinance No. 33, Series of 2008, on
second reading, the Community Development Department recommends the Town
Council makes the following findings:
"Based upon the review of the criteria outlined in Section VII of Staff's December
8, 2008, memorandum and the evidence and testimony presented, the Town
Council finds:
1. That the amendments are consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail Comprehensive
Plan and is compatible with the development objectives of the Town, and
2. That the amendments further the general and specific purposes of the
Development Standards outlined in Section 11 -1 -1, Purpose and Intent, Vail
Town Code; and
3. That the amendments 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."
IV. ATTACHMENTS
• Ordinance No. 33, Series of 2008
2
e
ORDINANCE NO. 33
SERIES 2008
AN ORDINANCE AMENDING SECTION 11 -7 -10, OPEN HOUSE SIGNS, VAIL
TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO.
.WHEREAS, on November 4, 2008, the Vail Town Council directed the Community
Development Department to prepare amendments to the Town of Vail Sign Regulations to
update the Town's regulation open house signs; and,
WHEREAS, on December 8, 2008, the Planning and Environmental Commission of the
Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval
to the Vail Town Council for the proposed text amendments to the Sign Regulations in
accordance with the procedures and criteria and findings outlined in Section 11 -3 -3 of the Vail
Town Code; and,
WHEREAS, the Town Council finds and determines that the amendments are consistent
with the applicable elements of the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development objectives .of the Town, based
upon Section VII of the Staff memorandum to the Planning and Environmental Commission
dated December 8, 2008, and the evidence and testimony presented; and,
WHEREAS, the Town Council finds and determines that the amendments further the
general and specific purposes of the Sign Regulations, based upon Section VII of the Staff
memorandum to the Planning and Environmental Commission dated December 8, 2008, and
the evidence and testimony presented; and,
WHEREAS, the Town Council finds and determines that the amendments promote the
health, safety, morals, and general welfare of the Town and promote the coordinated and
harmonious development of the Town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential community of the highest
quality, based upon Section VII of the Staff memorandum dated December 8, 2008; and,
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
i
Section 1 . Section 11 -2 -1, Definitions, Vail Town Code is hereby amended as
follows (Text that is to be deleted is stF i rken. Text that is to be added is bold. Sections of text
that are not amended may be omitted.)
Q- PEN 4.1(11 USE SIGN- A 4empeFaFy sign adveFtising _a_ real estate showing
OPEN HOUSE: The period of time during which a specific for -sale or for -rent
property is open for viewing by potential buyers or renters with the realtor, broker,
owner, or other similar agent present on the property.
OPEN HOUSE SIGN, ON -SITE: A temporary sign advertising an open house for the
property on which the sign is located.
Ordinance No. 33, Series of 2008, second reading
OPEN HOUSE SIGN, VEHICULAR DIRECTIONAL: A temporary sign directing
vehicular traffic to an open house.
Section 2 . Section 11 -7 -10, Open House Signs, Vail Town Code is hereby amended
as follows (text to be deleted is in , text that is to be added is bold):
A. Description: Signs advertising and directing vehicular traffic to an open house
are subject to the following:
1. Type: The sign may be freestanding or a wall sign.
2. amity Number: There shall be a maximum of one sign on the property where the
open house is being conducted and ene three (3) vehicular directional signs off -site.
3. Location:
a. An on -site open house sign shall be located on the specific property
being shown, and shall not be located off -site (including at real estate
offices).
b. Vehicular directional open house signs are prohibited within the
Colorado Department of Transportation's (CDOT's) North Frontage Road,
South Frontage Road, Bighorn Road, and Interstate 70 right -of -ways.
c. Vehicular directional open house signs are prohibited within any
designated public pedestrian area.
d. Vehicular directional open house signs are prohibited on private
property without the consent of the property owner.
e. Vehicular directional open house signs shall not obstruct any public
street, sidewalk,. recreational path or any public snow removal operations.
4. Area: The en --sijA area of any single sign on -site open house sign or
vehicular directional open house sign shall not exceed ' three
(3) square feet.
5. Height: The height of the sige any single on -site open house sign or vehicular
directional open house sign shall not exceed five feet (6) as measured from the top
of the sign to and the grade at the base of the sign.
6. Display Duration: The temper-ar-y sign shall be d en dw the epei; house
p+esentatien .
a. On -site open house signs and vehicular directional open house signs
may be displayed up to one (1) hour before the beginning of the open
house and must be removed no later than one (1) hour after the conclusion
of the open house.
2 Ordinance No. 33, Series of 2008, second reading
MEMORANDUM
TO: Town Council
FROM: Community Development Department
DATE: January 6, 2009
SUBJECT: Ordinance No. 33, Series of 2008, for prescribed regulations amendments
to Section 11 -10 -7, Open House Signs, Vail Town Code, to allow for
amendments to the open house sign regulations, and setting forth details
in regard thereto. (PEC080073)
Applicant: Town of Vail
Planner: Bill Gibson
1. DESCRIPTION OF THE REQUEST
The applicant, Town of Vail, is requesting a second reading of Ordinance No. 33, Series
of 2008, for prescribed regulations amendments to Section 11 -10 -7, Open House Signs,
Vail Town Code, to allow for amendments to the open house sign regulations, and
setting forth details in regard thereto. The proposed Ordinance No. 33, Series of 2008,
has been attached for review.
II. BACKGROUND
At its November 4, 2008, public hearing, the Town Council directed Staff to prepare text
amendments to update the Town's open house sign regulations.
On December 8, 2008, the Planning and Environmental Commission voted 4 -0 -1 to
forward a recommendation of approval, with modifications, to the Town Council for the
proposed amendments.
On December 16, 2008, the Town Council voted 5 -1 -0 (Cleveland opposed) to approve
Ordinance No. 33, on first reading, with modifications to allow a maximum of three
vehicular directional open house signs and to limit the display of open houses signs to
no more than three consecutive days. Those modifications have been incorporated into
the attached ordinance.
III. STAFF RECOMMENDATION
The Community Development Department recommends the Town Council approves, on
second reading, Ordinance No. 33, Series of 2008, for prescribed regulations
amendments to Section 11 -10 -7, Open House Signs, Vail Town Code, to allow for
amendments to the open house sign regulations, and setting forth details in regard
thereto.
Should the Town Council choose to approve these amendments, the Community
Development Department recommends the Town Council pass the following motion:
1
"The Town Council approves, on second reading, Ordinance No. 33, Series of
2008, for prescribed regulations amendments to Section 11 -10 -7, Open House
Signs, Vail Town Code, to allow for amendments to the open house sign
regulations, as outlined in Attachment A of the Staff memorandum dated
December 8, 2008, and setting forth details in regard thereto."
Should the Town Council choose to approve Ordinance No. 33, Series of 2008, on
second reading, the Community Development Department recommends the Town
Council makes the following findings:
"Based upon the review of the criteria outlined in Section VII of Staffs December
8, 2008, memorandum and the evidence and testimony presented, the Town
Council finds:
1. That the amendments are consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail Comprehensive
Plan and is compatible with the development objectives of the Town; and
2. That the amendments further the general and specific purposes of the
Development Standards outlined in Section 11 -1 -1, Purpose and Intent, Vail
Town Code; and
3. That the amendments 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."
IV. ATTACHMENTS
• Ordinance No. 33, Series of 2008
2
t
f
ORDINANCE NO. 33
SERIES 2008
AN ORDINANCE AMENDING SECTION 11 -7 -10, OPEN HOUSE SIGNS, VAIL
TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, on November 4, 2008, the Vail Town Council directed the Community
Development Department to prepare amendments to the Town of Vail Sign Regulations to
update the Town's regulation open house signs; and,
WHEREAS, on December 8, 2008, the Planning and Environmental Commission of the
Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval
to the Vail Town Council for the proposed text amendments to the Sign Regulations in
accordance with the procedures and criteria and findings outlined in Section 11 -3 -3 of the Vail
Town Code; and,
WHEREAS, the Town Council finds and determines that the amendments are consistent
with the applicable elements of the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development objectives of the Town, based
upon Section VII of the Staff memorandum to the Planning and Environmental Commission
dated December 8, 2008, and the evidence and testimony presented; and,
WHEREAS, the Town Council finds and determines that the amendments further the
general and specific purposes of the Sign Regulations, based upon Section VII of the Staff
memorandum to the Planning and Environmental Commission dated December 8, 2008, and
the evidence and testimony presented; and,
i
WHEREAS, the Town Council finds and determines that the amendments promote the
health, safety, morals, and general welfare of the Town and promote the coordinated and
harmonious development of the Town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential community of the highest
quality, based upon Section VII of the Staff memorandum dated December 8, 2008; and,
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1 . Section 11 -2 -1, Definitions, Vail Town Code is hereby amended as
follows (Text that is to be deleted is stFisken. Text that is to be added is bold. Sections of text
that are not amended may be omitted.)
OPEN HOUSE SE SIGN A terrmperwy sign advertising a real estate_Sh9W
OPEN HOUSE: The period of time during which a specific for -sale or for -rent
property is open for viewing by potential buyers or renters with the realtor, broker,
owner, or other similar agent present on the property.
OPEN HOUSE SIGN, ON -SITE: A temporary sign advertising an open house for the
property on which the sign is located.
Ordinance No. 33, Series of 2008, second reading
t
OPEN HOUSE SIGN, VEHICULAR DIRECTIONAL: A temporary sign directing
vehicular traffic to an open house.
Section 2 . Section 11 -7 -10, Open House Signs, Vail Town Code is hereby amended
as follows (text to be deleted is in , text that is to be added is bold):
WhiGh the 6ign i6 leGated w ill be 6ubjeGt to the fallowing*
A. Description: Signs advertising and directing vehicular traffic to an open house
are subject to the following:
1. Type: The sign may be freestanding or a wall sign.
2. OuaRt+ty Number: There shall be a maximum of one sign on the property where the
open house is being conducted and one three (3) vehicular directional signs off -site.
3. Location:
a. An on -site open house sign shall be located on the specific property
being shown, and shall not be located off -site (including at real estate
offices).
i
b. Vehicular directional open house signs are prohibited within the
Colorado Department of Transportation's (CDOT's) North Frontage Road,
South Frontage Road, Bighorn Road, and Interstate 70 right -of -ways.
c. Vehicular directional open house signs are prohibited within any
designated public pedestrian area.
d. Vehicular directional open house signs are prohibited on private
property without the consent of the property owner.
e. Vehicular directional open house signs shall not obstruct any public
street, sidewalk,. recreational path or any public snow removal operations.
4. Area: The men —sign area of any single sign on -site open house sign or
vehicular directional open house sign shall not exceed one and eRe half (I %) three
(3) square feet.
5. Height: The height of the sign any single on -site open house sign or vehicular
directional open house sign shall not exceed five feet (6) as measured from the top
of the sign to aPA the grade at the base of the sign.
6. Display Duration:
a. On -site open house signs and vehicular directional open house signs
may be displayed up to one (1) hour before the beginning of the open
house and must be removed no later than one (1) hour after the conclusion
of the open house.
2 Ordinance No. 33, Series of 2008, second reading
t
b. On -site open house signs and vehicular directional open house signs
may only be displayed between 8:OOAM and 8:OOPM on a daily basis.
c. On -site open house signs and vehicular directional open house signs
days.
e displayed for more than three consecutive
shall not b 3 () Y
I
7. Design: Not subject to design review.
8. Lighting: Not permitted.
9. Special Provisions: No flags, pennants, banners, bunting, balloons, any other
similar items may be attached to an on -site open house sign or a vehicular
directional open house sign.
Section 3 . 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 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 5 . The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision amended. The amendment of
any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 6 . All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 16 day of December, 2008 and a
public hearing for second reading of this Ordinance set for the 6 day of January, 2009, in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
Richard D. Cleveland, Mayor
Attest:
Lorelei Donaldson, Town Clerk
3 Ordinance No. 33, Series of 2008, second reading
a
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6tn
day of January, 2009.
Richard D. Cleveland, Mayor
Attest:
Lorelei Donaldson, Town Clerk
i
I
4 Ordinance No. 33, Series of 2008, second reading
MEMORANDUM
December 29, 2008
To: Vail Town Council
Stan Zemler
Pam Brandmeyer
Judy Camp
From: Sally Lorton
Re: November Sales Tax
On the reverse side please find the latest sales tax worksheet. I estimate I'll collect
another $40,000.00 in November sales tax to bring November collections to $708,565.00.
If so, we will be down 5.26% or $39,312.00 from November 2007 and down 10.34% or
$81,696.00 from budget.
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2 f Q ' Q rn O 2.
MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: January 6, 2009
SUBJECT: A worksession to review and discuss Resolution No. 26, Series of 2008, a
resolution amending the Lionshead Redevelopment Master Plan to incorporate
the property known as the Glen Lyon Office Building site into the Lionshead
Redevelopment Master Plan Area and to adopt site specific recommendations for
the future redevelopment of the Glen Lyon Office Building site located at 1000
South Frontage Road West/ Lot 54, Glen Lyon Subdivision, and setting forth
details in regard thereto.
Applicant: Glen Lyon Office Building, a Colorado General Partnership
Planner: Nicole Peterson
L SUMMARY
The purpose of this work session is to:
1. Forward to the Vail Town Council the recommendation of the Town of Vail Planning
and Environmental Commission of the applicant's request to amend the Lionshead
Redevelopment Master Plan (LRMP), and to
2. Review and discuss the proposed site specific recommendations proposed for the
Glen Lyon Office Building site identified in the attached Resolution No. 26, Series of
2008.
The applicant and Staff are requesting feedback on the following discussion items,
described further in Section V of this memo:
1. Is it appropriate to include the Glen Lyon Office Building site into the Lionshead
Master Plan Study Area?
2. Are the proposed site specific recommendations for future allowable building height,
allowable density, possible residential square footage, 100% employee housing
requirement on -site and the amount and location of office space appropriate for the
Glen Lyon Office Building site?
3. What additional site specific recommendations, if any, should be included in the
amendment (i.e. allowable uses, increased setbacks from Gore Creek, stream bank
preservation, etc.)?
4. What outstanding issues shall be considered in the future redevelopment of the Glen
Lyon Office Building site?
Following discussion, the applicant requests that the Vail Town Council tables the final
review of Resolution No. 26, Series of 2008, to the January 20, 2009 Town Council
meeting.
1
II. DESCRIPTION OF THE REQUEST
The applicant is requesting to add the Glen Lyon Office Building site to the LRMP with
site specific recommendations, through the attached Resolution No. 26, Series of 2008,
which includes the following:
1. Additions to Chapter 2, Introduction, including
a. Addition of the Glen Lyon Office Building site into section 2.6 Master Plan
Study Area
2. Additions to Chapter 4, Master Plan Recommendations — Overall Study Area,
including
a. Addition of the Glen Lyon Office Building site into section 4.1.5, West
Lionshead — Residential/ Mixed -Use Hub.
b. Addition of language that facilitates office uses on the first floor in section
4.1.5, West Lionshead — Residential/ Mixed -Use Hub.
c. Addition of the Glen Lyon Office Building site into section 4.5.1,
Connection to West Lionshead.
d. Addition of the Glen Lyon Office Building site into section 4.9.4.3, West
Lionshead.
e. Clean -up item to separate North Day Lot housing recommendations from
West Lionshead, with the addition of section heading in Section 4.9.4.6
North Day Lot.
3. Additions to Chapter 5, Detailed Plan Recommendations including
a. Strikethrough of entire section 5.17 to reformat with headings. The text
remains in the plan, but was reformatted with additional text for
clarification and readability.
b. Addition of Glen Lyon Office Building site into section 5.17, West
Lionshead.
c. Addition of headings to section 5.17, West Lionshead including:
i. South Frontage Road Improvements and Vehicular Access
ii. Pedestrian and Bike Access
iii. Preservation of Existing Office and Retail Space
iv. Relationship to Red Sandstone Creek and Gore Creek
v. Architectural Improvements
vi. Redevelopment Considerations for Glen Lyon Office Building site
d. Addition of site specific recommendations for the Glen Lyon Office
Building site in section 5.17.6 including:
i. Limit on residential square footage: Maximum of 75 sq. ft.
per 100 sq. ft. of buildable site area
ii. Limit on building height: Figure 5 -25
iii. Limit on dwelling units per acre: Maximum 20 DU /acre
iv. No net loss of office space: Existing 10,829 square feet of
office on site
v. Language that facilitates office and residential uses on the
garden level and street level
vi. 100% of the required employee housing mitigation provided
on -site
2
4. Inclusion of the Glen Lyon Office Building site in the following maps and figures
a. Map A - Lionshead Study Area
b. Figure 4 -9 - Existing West Lionshead Development Concept
c. Figure 4 -9A - Proposed West Lionshead Development Concept
d. Figure 5 -25 - West Lionshead Building Mass/ Height Limitations
111. BACKGROUND
The Glen Lyon Office Building site was developed as part of SDD No. 4, Cascade
Village, Area D. Existing physical improvements on site are a three -story building with
10,829 square feet of general office space and a surface parking lot. Subsequent
redevelopment plans for the site were approved in 1988, 1990 and 1993, respectively,
and have since expired.
On August 11, 2008, the Town of Vail Planning and Environmental Commission voted 4-
0-1 ( Viele recused) to forward a recommendation of approval of Resolution No. 19,
Series of 2008, for the Vail Land Use Plan map amendment to allow for a change in the
land use designation from Community Office to LRMP for the Glen Lyon Office Building
site. On September 2, 2008 the Vail Town Council approved Resolution No. 19, Series
of 2008, described above. The motion passed 4 -3 -0, with Foley, Hitt and Rogers
dissenting.
IV. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION
On December 8, 2008 the Town of Vail Planning and Environmental Commission voted
5 -0 -1 ( Viele recused) to forward a recommendation of approval to the Vail Town Council
for Resolution 26, Series of 2008 (this request) to amend the LRMP to incorporate the
property known as the Glen Lyon Office Building site and to adopt site specific
recommendations for the redevelopment of the property.
Meeting minutes from the December 8, 2008 PEC meeting:
Commissioner Viele recused himself from the review of this item due to a conflict of
interest.
Nicole Peterson gave a presentation per the staff memorandum.
Jay Petersen, attorney representing the applicant, stated that the relocation of the
Frontage Road changes the situation of the Glen Lyon Office Building site. The stage
has been set for the inclusion of the GLOB within the LRMP in order to allow for the
comprehensive planning of this area. He went on to add that he understands that
Lionshead Mixed Use -2 zoning would allow a great deal of development potential which
would not be appropriate. The applicant stated that this is why they were specifically
listing maximums on density, Gross Residential Floor Area, and height that are more
appropriate. He added that if this request were to be approved it could allow for the
reconfiguration of property lines in the area which could result in better planned
developments.
The Commissioners expressed their support and benefits for having the entire area
under the same Master Plan. Commissioner Paladino asked what Vail Resorts thought
of the proposal.
3
Jay Petersen stated that Vail Resorts had expressed support at the Land Use Plan
amendment stage and in recent conversations were supportive of this request.
V. DISCUSSION ITEMS
Staff is requesting feedback from the Vail Town Council on the following four issues:
1. Is it appropriate to include the Glen Lyon Office Building site into the
Lionshead Master Plan Study Area?
The Planning and Environmental Commission and Staff believe it is appropriate to
include the Glen Lyon Office Building site into the Lionshead Master Plan Study Area for
the following reasons:
1. Physical location:
The Glen Lyon Office Building site is situated in a location that lends itself to inclusion
into the Lionshead Master Plan Study Area because it is a natural extension of the West
Lionshead sub -area, as designated in the LRMP. The surrounding properties to the
north and east are within the West Lionshead sub -area including the Vail Associates
Service Yard, Holy Cross site, Vail Professional Building site, Cascade Crossings site,
former gas station site and the Eagle River Water and Sanitation site.
With the inclusion of the Glen Lyon Office Building site into the West Lionshead area,
natural boundaries will clearly define and complete West Lionshead, including Gore
Creek on the south and the intersection of the South Frontage Road with Gore Creek, as
illustrated on the attached vicinity map.
The inclusion of the Glen Lyon Office Building site consistent with the adjacent
properties, will create a consistent framework for redevelopment of the West Lionshead
neighborhood by bringing the Glen Lyon Office Building site under the standards and
recommendations set forth in the LRMP.
2. Connectivity:
The inclusion of the Glen Lyon Office Building site into the LRMP, consistent with the
adjacent properties, will guide development in a pattern of harmony that will facilitate
visual and physical connectivity between the properties. By creating a consistent pattern
of land use in the neighborhood, the Town will have more latitude to encourage and
facilitate connectivity in site design through the following recommendations set forth in
the LRMP:
0 4.3.1 Visual Connections — As development and redevelopment occur in
Lionshead, it will be vital to protect visual connections to the ski mountain. These
visual relationships strengthen the identity of Lionshead as an alpine, resort and
provide a visual reference that helps Lionshead visitors to find their way throught
the core. Visual connection to the natural environment should be established
utilizing the following techniques: 4.3.1.1 View Corridors and 4.3.1.2 North -South
Orientation of Buildings.
4
0 4.3.2 Physical Connections Physical connections to the natural
environment are essential to the experiential quality of a mountain resort. There
are several ways to achieve a physical connection in addition to creating north -
south oriented streets [such as]. 4.3.2.9 Landscape and Green belt Corridors,
4.3.2.2 Skier Bridge, and 4.3.2.3 Access to the South Side of Gore Creek.
0 4.5 Public Transportation — An efficient transit system is critical to the
character and environmental quality of any pedestrian- oriented resort. Goals
identified by the master plan regarding transit include: 4.5.1 Connection to West
Lionshead (in part) The West Lionshead properties are at the outside edge of the
acceptable walking distance to the ski yard. With a mixed use development in
.the area which integrates a ski portal, retail space, office space and residential
development, transit service to this area and interconnections to the other portals
will be critical to develop in the future.
3. Conditions have changed:
South Frontage Road Re- alignment:
Recently, CDOT has stated that the proposed re- alignment of the South Frontage Road
must be a configuration parallel to 1 -70, done in a single phase instead of 2 phases as
previously considered. The proposed re- alignment along the northern property lines of
the properties located at 1031 South Frontage Road "Vail Professional Building site" and
953 South Frontage Road, "Cascade Crossings" will facilitate a land swap between
CDOT and the property owners of 1031 and 953 South Frontage Road. The land swap
will place the Glen Lyon Office Building site directly adjacent to 1031 and 953 South
Frontage Road, where the properties are today separated by the South Frontage Road
Right -of -way. This re- alignment has great implications on the redevelopment of all the j
parcels mentioned above, and therefore, should be studied as one contiguous land
mass and neighborhood.
With the proposed redevelopment of 1031 and 953 South Frontage Road ( "Ever Vail ")
abutting the Glen Lyon Office Building site, as a result of the road re- alignment, there is
cause for the inclusion and addition of standards for the Glen Lyon Office Building site in
the LRMP, which will facilitate consistent design and fluid development in the new
planned neighborhood. The Planning and Environmental Commission and Staff believe .
the plan will be more comprehensive with the inclusion of the subject property as
proposed by this amendment. Currently, the LRMP does not address specific
recommendations for the Glen Lyon Office Building. The amendment would include the
subject site in the West Lionshead area, and bring the subject site under the specific
recommendations set forth in the LRMP. The inclusion of the subject site under the
existing recommendations for West Lionshead and the proposed site specific
recommendations for the Glen Lyon Office Building site are vital to the consistent
neighborhood redevelopment of the overall West Lionshead Area.
Land Use Amendment:
On September 2, 2008, the Vail Town Council approved Resolution No. 19 Series of
2008, which amended the Vail Land Use Plan map to allow for a change in the land use
designation, from Community Office to Lionshead Redevelopment Master Plan, for the
Glen Lyon Office Building site, located at 1000 South Frontage Road West.
5
4. The addition of the Glen Lyon Office Building site is in concert with the LRMP:
The Planning and Environmental Commission and Staff believe the proposed
amendments will provide clear and specific guidance for the redevelopment of the site
and will allow for the consistent redevelopment of the West Lionshead neighborhood.
The proposed amendments will adopt site specific recommendations that are in concert
with the plan.
2. Are the proposed site specific recommendations for future allowable building
height, allowable density, possible residential square footage, 100% employee
housing requirement on -site and the amount and location of office space
appropriate for the Glen Lyon Office Building site?
Height
The applicant is proposing height based on the existing Figure 5 -25 West Lionshead
Building Mass/ Height Limitations (Exhibit D of Resolution No. 26, Series of 2008). The
proposed height would allow an average of 60 feet and a maximum of 71.5 feet on the
east side and an average of 49 feet and a maximum of 60.5 feet on the west side. This
configuration addresses the building step -down from east to west, however, it does not
address the step -down of the building from north to south towards Gore Creek.
With the location of the Glen Lyon Office Building site adjacent to Gore Creek along the
entire length of the south property boundary, Staff believes the height restriction should
be lower than that depicted in Figure 5 -25. In the analysis of the Tivoli Lodge, it was
found that the maximum height of 56' would be sufficient to accommodate 4 stories
(Each story would be 11 feet in height) and a 12 foot high roof. Staff believes the 56'
maximum height may be more appropriate for the Glen Lyon Office Building site,
because it is situated at the edge of West Lionshead. Furthermore, the LRMP gives the
following recommendation as it relates to building height: "Notwithstanding the height
allowances depicted on Figure 5-25, buildings fronting directly along Gore Creek and the
western end of Lionshead shall express no more than three to four levels before
"stepping back" to taller building mass." Staff believes that four levels will be in keeping
with the LRMP.
Density:
The applicant is proposing a maximum density of 20 dwelling units per acre on the Glen
Lyon Office Buiding site. This is not a rezoning request, however, for comparison
purposes only, the proposal is less than the density allowed in High Density Multiple
Family (HDMF) District, which is 25 dwelling units per acre. The proposal is also less
than the density allowed in the Lionshead Mixed Use 1 and 2 (LMU -1 and LMU -2)
Districts, which is 35 dwelling units per acre. The proposed density is greater than that
of the the Medium Density Multiple Family (MDMF) District, which is 18 dwelling units
per acre.
Staff believes that the proposed density is appropriate for the site. Also, that the
introduction of residential uses to the Glen Lyon Office Building site is in concert with the
objectives of the Master Plan as stated below in section 2.3.3 Stronger Economic Base
Through Increased Live Beds and described further in section 4.13 Live beds, as shown
below.
6
2.3.3 Stronger Economic Base Through Increased Live Beds
In order to enhance the vitality and viability of Vail, renewal and redevelopment in
Lionshead must promote improved occupancy rates and the creation of
additional bed base ( "live beds" or "warm beds') through new lodging products.
4.13 Live Beds (in part)
The vast majority of live beds in Lionshead are not accommodation units in
hotels, but instead, in dwelling units in residential condominiums ... It has been
the experience in Lionshead that condominium projects which include a voluntary
rental management program have occupancy rates which exceed the occupancy
rate of hotel products, and therefore tend to provide more live beds and produce
more lodging tax revenues to the Town.
Gross Residential Floor Area (GRFA):
The applicant is proposing a maximum of 75 square feet of GRFA per 100 square feet of
buildable site area on the site. This is not a rezoning request, however, for comparison
purposes only, the proposal is less than the GRFA that would be allowed, on the Glen
Lyon Office Building site, under the HDMF District (76 square feet of GRFA per 100
square feet of buildable site area). The proposal is also less than the GRFA that would
be allowed on the site, under the LMU -1 and LMU -2 Districts, (250 square feet of GRFA
per 100 square feet of buildable site area). The proposed GRFA is greater than that of
the MDMF District (56 square feet of GRFA per 100 square feet of buildable site area).
The allowable GRFA should be discussed through either a rezoning request or an
amendment to the SDD No. 4, Cascade Village, Area D, instead of included in the site
specific recommendations in the amendment, because of unknown issues that may arise
with surrounding redevelopment.
Employee Housing Requirement
The applicant is proposing to provide 100% of the required employee housing mitigation
on -site. Staff believes the proposal is in concert with the Town goals and objectives to
increase employee housing units in Vail
Amount and Location of Office Space
i
The applicant is proposing to replace the 10,829 square feet of office space that
currently exists on the site. With the addition of the Glen Lyon Office Building site to the
LRMP, the site will be subject to Section 5.17 West Lionshead, LRMP, which states,
"There should be an increase of existing office square footage and "no net loss" of retail
square footage as a result of the redevelopment of these parcels. Staff believes that the
replacement of the office space is important in the redevelopment of the site to keep
local businesses and activity in the West Lionshead neighborhood. Furthermore the
opportunity exists under the LRMP to increase the amount of office space on the subject
site.
The applicant is proposing the addition of Section 5.17.6 Redevelopment Considerations
for Glen Lyon Office Building site, LRMP, that would facilitate office and residential uses
on the garden level and first floor or street level, of buildings. Staff believes that the
opportunity may exist to provide office space on the first floor or street level, due to the
7
realignment of the South Frontage Road and possible adjacent redevelopment that may
close off certain portions of buildings on the Glen Lyon Office Building site. However,
Staff believes that the option shall remain to enforce the objectives of the LRMP. For
example, policy objective 2.3.2 Vitality and Amenities states:
2.3.2 Vitality and Amenities
We must seize the opportunity to enhance guest experience and community
interaction through expanded and additional activities and amenities such as
performing arts venues, conference facilities, ice rinks, streetscape, parks and
other recreational improvements.
As development progresses in this area, it will depend heavily on what is proposed along
Gore Creek and Red Sandstone Creek and the adjacent development and /or
realignment of the South Frontage Road to determine the areas where street level and
garden level vitality and amenities shall occur versus the more subdued and quiet
residential and/ or office uses. Staff recommends that if the applicant proceeds with the
proposed language to facilitate office and residential uses on the garden and street
levels language be added to describe the parameters of where office and residential
would be appropriate on the street or garden level.
3. What additional site specific recommendations, if any, should be included in
the amendment (i.e. allowable uses, increased setbacks from Gore Creek, stream
bank preservation, etc.)?
The proposed amendments include the site specific recommendations listed above, and
detailed recommendations for redevelopment under 5.17 West Lionshead, which
includes language regarding the following categories:
1. South Frontage Road Improvements and Vehicular Access
2. Pedestrian and Bike Access
3. Preservation of Existing Office and Retail Space
4. Relationship to Red Sandstone Creek and Gore Creek
5. Architectural Improvements
6. Redevelopment Considerations for Glen Lyon Office Building site
Site specific recommendations in the LRMP, for other parcels have addressed setbacks
and /or allowable uses. Staff believes that the setbacks and allowable uses should be
addressed in either an amendment to SDD No. 4, Cascade Village, Area D or a rezoning
of the property. The setbacks and /or allowable uses should be addressed in the next
step of redevelopment because the details of the site design will depend on adjacent
redevelopment and /or realignment of the South Frontage Road. This proposal is meant
to include the subject site into the West Lionshead area and the LRMP to facilitate the
guiding principles of the Master Plan and include the subject site in the redevelopment
vision for West Lionshead.
4. What outstanding issues shall be considered in the future redevelopment of the
Glen Lyon Office Building site?
This is not a rezoning request, however, the potential re- zoning of the property is a future
consideration. It is not required that the site rezone, nor that it be rezoned to LMU -1 or
LMU -2 Districts. Therefore, Staff has begun discussions with the applicant and comparison
of different zone districts, to be discussed with the Vail Town Council at a later date.
8
The applicant is proposing language in Resolution No. 26, Series of 2008 that will
encourage office and residential uses on the garden and street levels of the building. That
proposal is in conflict with the permitted and conditional uses in the LMU -1 and LMU -2
districts, in that office and residential uses are not allowed on the garden and street levels in
those districts. Furthermore, an office use is prohibited in the High Density Multiple Family
(HDMF) District and the Medium Density Multiple Family (MDMF) District. The LRMP states
that "There should be an increase of existing office square footage and "no net loss" of retail
square footage as a result of the redevelopment of these parcels. The amount and location
of office and residential uses should be considered in the future redevelopment of the Glen
Lyon Office Building site.
VI. ATTACHMENTS
A. Resolution No. 26, Series of 2008
B. Vicinity Map
I
9
RESOLUTION NO. 26
Series 2008
A RESOLUTION APPROVING AN AMENDMENT TO THE LIONSHEAD REDEVELOPMENT
MASTER PLAN TO INCORPORATE THE PROPERTY KNOWN AS GLEN LYON OFFICE
BUILDING SITE INTO THE LIONSHEAD REDEVELOPMENT MASTER PLAN AREA AND
ADOPTING SITE SPECIFIC RECOMMENDATIONS FOR THE GLEN LYON OFFICE
BUILDING SITE, LOCATED AT 1000 SOUTH FRONTAGE ROAD WEST/ LOT 54, GLEN
LYON SUBDIVISION, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, on February 6, 2007 "the Vail Town Council adopted the updated Lionshead
Redevelopment Master Plan; and
WHEREAS, Section 2.8 of the Lionshead Redevelopment Master Plan outlines a
procedure for amending the Plan; and
WHEREAS, on December 8, 2008 the Planning and Environmental Commission heard
and gave recommendation to the Vail Town Council of approval of Resolution No. 26, Series of
2008; and
WHEREAS, the Vail Town Council finds that the Lionshead Redevelopment Master Plan
amendments are in keeping with the goals, objectives, and policies prescribed by the Plan; and
WHEREAS, the Vail Town Council finds that the Lionshead Redevelopment Master Plan
amendments are in the best interest of the Town as they promote the coordinated and
harmonious development of the Town.
WHEREAS, the Vail Town Council finds that the addition of the Glen Lyon Office
Building site into the Lionshead Redevelopment Master Plan facilitates the orderly and
comprehensive redevelopment of the West Lionshead neighborhood.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section I. Text Additions and Deletions
The Vail Town Council hereby approves the Lionshead Redevelopment Master Plan
amendments, as illustrated by text additions stated in bold italics and deletions in
stFikethice gh
Section II. Exhibits
The Council hereby approves the Lionshead Redevelopment Master Plan amendments,
as illustrated by the following maps and figures attached to this resolution as exhibits:
A. Map A - Lionshead Study Area
B. Figure 4 -9 - Existing West Lionshead Development Concept
C. Figure 4 -9A - Proposed West Lionshead Development Concept
D. Figure 5 -25 - West Lionshead Building Mass/ Height Limitations
Resolution No. 26, series 2008, Page 1 of 14
Section Ill. Chapter 2 Introduction - shall be amended to read as follows:
2.6 Master Plan Study Area
The boundaries of the Lionshead Master Plan study area (see Map A) were established
by the Town Council at the outset of the master planning process. They are defined by
the following features:
On the north by 1 -70
On the east by Middle Creek (west of the Vail Valley Medical Center)
On the south by the Town of Vail boundary (south of Forest Road, not including single -
family lots)
On the west by where
Tract K intersects the South Frontage Road, to the west of the Glen Lyon Office
Building site,
Section IV. Chapter 4 Master Plan recommendations — Overall Study Area shall be
amended as follows:
4.1.5 West Lionshead - Residential/ Mixed -Use Hub
The westem end of 1 n e } Imo. � R yeeped, �eme to pyr� l l
seFY yaFd, the Vail 6aR plant, the old town shops, a fai;Fner: gas
a lets, the Vail
The , end viZl9 rrs� l cc��, st� �. art l c" Y `^ . a rrc�- ct r r
, West Lionshead
includes the Vail Associates Service Yard, Holy Cross site, Vail Professional
Building site, Cascade Crossings site, Glen Lyon Office Building site, former gas
station site and the Eagle River Water and Sanitation site.
This area of Lionshead is generally under utilized and from an aesthetic standpoint is not
in keeping with what the Town would like to see Lionshead become as it redevelops in
the coming years. The Town of Vail does place a high value on maintaining the office
and retail areas in West Lionshead and any redevelopment should reasonably increase
the square footage of existing office and have "no net loss" of retail square footage in
West Lionshead. In order to facilitate this goal, it may be appropriate, in certain
non pedestrian corridors, to locate office uses on the first floor of buildings.
I
With their recent acquisition of additional properties in this area, Vail Resorts has the
opportunity to bring lift service to this part of Lionshead. Lift service brings with it great
potential for the re- development of this area and in doing so expand all of Lionshead to
the west with improved pedestrian connections, new retail and office activity and other
improvements. While lift access will certainly energize this area during the winter
months, attention should be given to creating a year -round attraction within this area of
Lionshead (see detailed plan recommendations in Chapter 5)
The master plan recommends that this hub become a residential/ mixed use area with
an emphasis on meeting he needs of both the local community and our guests.
P
9 Y 9
Appropriate uses could include high density residential development, lodging,
community and visitor based office and retail space, employee housing and parking, bus
or transit functions and a ski lift connection to Vail Mountain. The catalyst for this mixed
use hub is ski lift access to Vail Mountain. Consideration should be given to integrating
employee housing into the redevelopment of West Lionshead in accordance with the
Resolution No. 26, Series 2008, Page 2 of 14
Town's employee housing policies and regulations. To the extent possible, development
patterns in this area should reflect north - south orientation of buildings, visual
penetrations to the mountain, and a pedestrian oriented environment. The degree of
north -south building orientation may be difficult given the relatively narrow east -west
orientation of this area. In addition, the introduction of ski lift access in this location
creates a catalyst for a structured public parking facility. All service and delivery
demands created by development in this area shall be accommodated on -site.
The site will continue to accommodate the existing and potentially expanded functions of
the Vail sanitation plant. The mountain service yard could be reduced in size, as some
functions can be moved to less central locations. It may also be possible to relocate the
entire mountain service yard to a new location in the West Lionshead area which would
allow for greater flexibility in the redevelopment of this site. However as the area
develops it is critical that new uses be connected to the primary pedestrian corridors and
that they be served by the Town of Vail in -town transit system.
4.5 Public Transportation
An efficient transit system is critical to the character and environmental quality of any
pedestrian- oriented resort. Goals identified by the master plan regarding transit include:
4.5.1 Connection to West Lionshead
West Lionshead consists of the Wes Day Let, t `fail a t seFV ^e Gen ie, the
Grossing sanitation p 149 GFess lot, the feFmeF gae, station s the Va Profess
Bu and G-as-r.ade Vail Associates Service Yard, Holy Cross site, Vail
Professional Building site, Cascade Crossings site, Glen Lyon Office Building site,
former gas station site and the Eagle River Water and Sanitation site.
Because it is an area of potentially significant growth, it is important that it be fully
integrated into the Town of Vail transit system. The West Lionshead properties are at the
outside edge of the acceptable walking distance to the ski yard (1200 feet). With a mixed
use development in the area which integrates a ski portal, retail space, office space and
residential development, transit service to this area and interconnections to other portals
will be critical to develop in the future. In addition, the update of the Vail Transportation
Master Plan shall provide direction on the ultimate location of a Lionshead Transit
Facility along with needed interconnections between ski portals, regional transit stops,
and other transportation modes. The addition of a ski lift in this area would make this
area more viable to redevelopment as it would be within the acceptable walking distance
of a lift (1,200 feet).
4.9 Housing
4.9.4.3 Vail — Associates - SeFYise -Ya ss—Sit , Va„— PFefessm ^^al B ildiR^
aasr.ade GFessing, NeFth Day' Let, and the #erFAeFgas sfatien site West Lionshead
West Lionshead includes the Vail Associates Service Yard, Holy Cross site, Vail
Professional Building site, Cascade Crossings site, Glen Lyon Office Building site,
former gas station site and the Eagle River Water and Sanitation site.
Resolution No. 26, Series 2008, Page 3 of 14
i
All redevelopment in West Lionshead will need to conform to the Town's housing
policies and requirements. In order to create activity and vibrancy in West Lionshead it is
appropriate to include some dispersed employee housing opportunities for permanent
local residents in proposed developments in the area consistent with these policies.
Perhaps the most promising locations to replace the Sunbird affordable housing project
and to conform to the Town's housing policies and ee requirements for new employee
Y
housing generation in Lionshead are the North Day Lot, Vail Associates service yard,
and Holy Cross site. However, housing is not the only use these three properties will
need to support.
4.9.4.6. North Day Lot
The North Day lot is considered to be the preferred location for a significant housing
project in Lionshead to replace the Sunbird affordable housing project and provide
housing for new employee generation. The North Day Lot may also need to
accommodate a transit center on the ground level of the development site. Additionally,
it may be necessary to develop a higher revenue- generating product on a portion of the
Vail Associates service yard, Holy Cross, Vail Professional Building site, and Cascade
Crossing sites in order to defray the cost of road and infrastructure improvements.
Section V. Chapter 5. Detailed Plan Recommendations shall be amended as
follows:
S-.17 IMP-st Day LeU Vail Asseriates SeFvmre Yardi Holy Gross Sete! Gas Statien Sffite�
Whole the i either of the mFita a Read
a s des 4 vaFy depend upon what happens to the FFOntage R
,-r, �«�R��n#fedast+en -� ai#�serv
,� 'B in - ;�wabl� „T-�, s�F-, �ag��
Netwithr,tanding these d #eFent Frontage Read sreRaF there shou be _9f
.
i
II I
and the Vail_ .
, it i s w FApOFta
l mpreveMeRts t49
FnpFave the viab of mixed _seq O R WeSt L
street li ght i ng, wa 6uFfaGes, seat aFeas and publ art are just saFne exaFnp
what GGU stFengthen th GOFr and i n dG so furtheF th aFea with
rest of 1 ionshead
i
Resolution No. 26, Series 2008, Page 4 of 14
doing so w eneFg all of We-st 1 -ionshead. DuF the W menthri, the ski lift and
GensideFation should be given to how West L Gan be an aGtive and v
,
" artists
puFpeses OF SpeG reGFeatieR features SUGh as a G wa aFe just some examp
of de6igR elements oF land uses that GOuld GFeate a Gatalyet feF aGtiv !A GGP�URGtiGR
with any appl to develOpMeRt a neW 6k li ft, a reta market study
inh a na l yzes — the aFea fGF the appr-epFiate amou of sq.uare-- feefage -9f
Feta that rhou be the redevelopment of West Wanshead e,
be- pFeV*ded.
" Step it ffi assumed that the deve standaFds Of [JORshead M Use 1 eF 2 will qui
these zene d bu he and ma66 shal be FeSPORG to the Gere C
d frn the max a he kn of the L M Use zepe
l oweF at the weeteFn end of th study area. The w Rtent of these height standaFds i s, t
bui height FedUGes by eRt f l eye's O R the 1GGat as genera depiGted GA
" stepping I Rterstate s ef th area bui des sha be tO aYGid I aFqe eXpaRSe
shear/„nhrgken mall planes
a Retention of Exist FFentage Read Alignment
, T
deve sites Th most .liable site a n„blir. na rlFg fad wou be the
stat ske i, _; �;a v 'AGat f9F a base teinm Th 19Gat would AM
sepaFated pedestin GFOSs ever the Frontage Read to the Ma
L UndeF this FFORtage Read SGenaF the Va PF4666 Build a
GaSGade GFOSSiRg GGU be deve as a GGRt' - I I . i t O s assumed that these
PaFGels shou GGns h"M the Greek Gan be eRhaRGed and made an asset eF amepAy
Of this+ redevelopment area
b. FFORtage Read Rea behind the Ma YaFd and Ho GFOSS 6
Resolution No. 26, Series 2008, Page 5 of 14
Giness site mqmth thin West Day Lot by FeFneyal of the baFFieF GFeated by the eX
Gei;venient And- raenRerAinn to the rest of Lionshead. With
just south of the 170 --errid-er and- d a eF a peFt of the flow - - - Rd_P_FRP_R_t_h
this aFea ai;d the rerA Of 1 GF;6head
5.17 West Lionshead
i
West Lionshead includes the Vail Associates Service Yard, Holy Cross site, Vail
Professional Building site, Cascade Crossings site, Glen Lyon Office Building site,
former gas station site and the Eagle River Water and Sanitation site.
5.1_7.1 South Fronta_e Road Improvements and Vehicular Access
Planning for West Lionshead must consider two different scenarios: the
realignment of South Frontage Road and its retention in the existing alignment.
While the introduction of lift service is viable in either of these Frontage Road
alternatives, site design will vary depending upon what happens to the Frontage
Road alignment. See Figures 4-9a, and 4-9b for the Frontage Road realignment
alternatives. Notwithstanding these different Frontage Road scenarios, there
should be an increase of existing office square footage and "no net loss" of retail
square footage as a result of the redevelopment of these parcels. Furthermore,
service and delivery for West Lionshead shall occur underground or be hidden
from public view. Service and delivery truck turning maneuvers should not
negatively impact traffic flow on the South Frontage Road. With a realignment of
vehicular access points, attention should be given to the location of service and
parking areas.
a. Retention of Existing Frontage Road Alignment
If the Frontage Road remains in its current location the Maintenance Yard/Holy
Cross parcels, the Vail Professional Building site, and /Cascade Crossing and the
Glen Lyon Office Building site all remain viable development sites. The most
viable site for a public parking facility would be the Maintenance Yard(Holy Cross
parcels. While other lift locations are feasible, the old gas station site is a viable
Resolution No. 26 Series 2008 Page 6 of 14
location for a base terminal. This location would require a grade separated
pedestrian crossing over the Frontage Road to the Maintenance Yard/Holy Cross
parcels. A strong east -west oriented pedestrian corridor with ground floor retail
uses would be necessary to create a strong connection between this area and the
rest of Lionshead. Under this Frontage Road scenario the Vail Professional
Building site and Cascade Crossing could be developed as a contiguous parcel.
In keeping with Policy Objective 2.3.4, Improved Access and Circulation, of the
Plan, opportunities for public transportation and vehicular circulation
improvements should be explored in conjunction with any future redevelopment
of the sites. Possible opportunities for improvements may include, an improved
mass transit stop, relocatedlreduced(shared points of entry/exiting, restricted
access points, acceleration/ deceleration lanes, greater sight distances, dedicated
turning lanes and landscaped medians.
In the redevelopment of Cascade Crossing and the Glen Lyon Office Building site
under the current configuration of the Frontage Road, the bus stops in front of
said properties shall be enhanced with, for example, shelters, benches, and
landscaping. Pedestrian connections shall be improved from the bus shelters,
across the South Frontage Road and to and from the surrounding buildings to
provide safe and attractive pedestrian crossing and connections. Improvements
may include crosswalks, walkways, pedestrian crossing warning lights, medians,
and signage.
b. Frontage Road Realignment
The greatest benefit of this realignment alternative is that it results in one very
large and contiguous development parcel and in doing so integrates the
Maintenance Yard/Holy Cross site with the West Day Lot by removal of the barrier
created by the existing Frontage Road alignment. It also creates the best
pedestrian environment in creating an extension of the Lionshead Retail area in
that it provides the potential to establish a convenient and desirable pedestrian
connection to the rest of Lionshead. j
With this alternative the most viable site for a public parking facility would still be
the Maintenance Yard/Holy Cross parcels. With the relocation of the Frontage
Road lift access out of the old gas station site would not require a grade
separated pedestrian crossing to the Maintenance YardlHoly Cross parcels.
However, a grade separated crossing over the Red Sandstone Creek would be
needed to link the Holy Cross site with the Vail Professional Building site.
This alternative would also present the opportunity for enhancing Red Sandstone
Creek to make it more accessible to the community and an aesthetically pleasing
water feature. Enhancements might include; streambank stabilizationl
beautification, natural stream drop structures, interactive low flow areas and
general improvements for wetlands and wildlife habitiat. Any modification or
enhancement to the creek corridor would be subject to U.S. Army Corp of
Engineers approval. A strong east-west oriented pedestrian corridor with ground
floor retail uses would be necessary to create a strong connection between this
area and the rest of Lionshead.
Resolution No. 26, Series 2008, Page 7 of 14
In keeping with Policy Objective 2.3.4, Improved Access and Circulation, of the
Plan, opportunities for public transportation and vehicular circulation
improvements shall be explored in conjunction with any future redevelopment of
the Frontage Road and interior roads within the redevelopment of the West
Lionshead sites. Possible opportunities for improvements may include improved
mass transit stops, relocated(reduced/shared points of entry/exiting, restricted
access - points, acceleration/ deceleration lanes, roundabouts at major
intersections, greater sight distances, dedicated turning lanes and landscaped
medians.
5.17.2 Pedestrian and Bike Access
As compared to a separate, free - standing portal, West Lionshead is considered a
part of the greater Lionshead area. In order for this area to be successful, it is
important to have a strong pedestrian connection with the rest of Lionshead.
Streetscape improvements including bike lanes or trails and sidewalks should be
incorporated in any redevelopment along West Lionshead Circle and the South
Frontage Road to improve the viability of mixed uses in West Lionshead.
Improvements to street lighting, walking surfaces, trails, seating areas and public
art that facilitate safe and attractive pedestrian and bike movement are strongly
encouraged. Said improvements may necessitate the need for access easements
through the sites. Every effort shall be made to integrate this area with the rest of
Lionshead through bike and pedestrian connections.
There is an existing recreation path that runs across the southwest corner of the
Glen Lyon Office Building site. If the site redevelops the recreation path shall be
enhanced to meet town recreational path standards and to provide a safe and
attractive pedestrian and bike experience. The improvements shall include a
public easement over the path where necessary.
5.17.3 Preservation of Existing Office and Retail Space
There shall be an increase in office space and no net loss of retail space in West
Lionshead. Opportunities for increasing the square footage of office and retail
beyond the existing conditions in West Lionshead shall be evaluated during the
development review process. Currently, West Lionshead offices and businesses
offer a variety of local services and amenities, which is important to preserve with
the redevelopment of West Lionshead. During the winter months, the proposed
ski lift in West Lionshead and the associated parking will generate significant
pedestrian traffic and activity. However, consideration should be given to how
West Lionshead can be an active and vibrant place year - round.
One way this can be accomplished is the reinforcement of a well - crafted program
of specialty retailers, offices, and restaurants that attract both tourists and local
residents. Also, quality architecture and the creation of appealing outdoor spaces
in and of itself will encourage people to visit this area. An active program of
public art, residential units that are used for "artists in residence" or a culinary
school are examples of uses that could create a catalyst for activity. In
conjunction with any application to develop a new ski lift, a market study which
analyzes the appropriate amount of office/retail square footage shall be included
in the redevelopment of West Lionshead
Resolution No. 26, Series 2008, Page 8 of 14
5.17.4 Relationship to Red Sandstone Creek and Gore Creek
Red Sandstone Creek and Gore Creek abut the Glen Lyon Office Building site,
former gas station site, Holy Cross site and the Vail Professional Building site.
Any redevelopment of these parcels should consider how the creeks can be
enhanced and made an amenity of this redevelopment area.
A substantial stand of mature trees exists on the banks of the two creeks, with low
lying brush on the shores. Every effort shall be taken to preserve the substantial
trees and natural steep slopes along the banks of both creeks. While the natural
riparian corridor of these streams needs to remain protected and preserved, the
physical and visual relationships and references between adjacent development
and the stream tract should be strengthened. Improved public access and
utilization of Gore Creek and Red Sandstone Creek for fishing and other
recreational purposes is strongly encouraged to create a catalyst for activity and
enjoyment of the streams.
5.17.5 Architectural Improvements
The architectural design guidelines (Chapter 8) discuss several transition tools
that can be used to adapt an existing building to the new character and
architectural quality desired for Lionshead. Given the high visibility of the
buildings in West Lionshead and the extent to which they influence the quality of
the experience of passers -by, all future development of the sites should be closely
scrutinized for compliance with the applicable architectural design guidelines.
For properties that are east of Red Sandstone Creek, in West Lionshead, higher
densities and building heights may be appropriate, particularly to encourage the
development of employee housing. However, any development must meet the
overall character and visual intent of this master plan and be compatible with the
adjacent existing development of the Marriott and the Vail Spa.
Notwithstanding the height allowances of the underlying zone districts, building
height and massing shall be responsive to the Gore Creek and Red Sandstone
Creek corridors, in that buildings shall gradually "step down" at the creek sides.
Building height and massing shall also "step down" towards the Interstate, and at
the western end of Lionshead. Figure 5 -25 provides a general depiction of how
building height shall gradually lower at the western end of this study area. The
intent of these height standards is that building height reduces by entire floor
levels in the locations as generally depicted on Figure 5 -25.
Notwithstanding the height allowances depicted on Figure 5 -25, which depicts
building height in an east/ west orientation, building height and massing shall also
"step down" in a north/ south orientation. Notwithstanding the height allowances
depicted on Figure 5 -25, buildings fronting directly along Gore Creek and the
western end of Lionshead shall express no more than three to four levels before
"stepping back" to taller building mass. On the Interstate side of this area,
building design shall be articulated to avoid large expanses of shear /unbroken
wall p lanes.
Resolution No. 26, series 2008, Page 9 of 14
i
5.17.6 Redevelopment Considerations for Glen Lyon Office Building site
Consistent with its location at the western edge of West Lionshead and with
respect to the extensive frontage with Gore Creek, it is appropriate to recognize
certain development limitations and opportunities regardless of he n
p pp s t underlying
zone district.
Building heights shall be consistent with Figure 5 -25, West Lionshead Building
Massing and Height Limitations. Because of these limitations, density shall be
restricted to a maximum of 75 square feet of GRFA for each 100 square feet of
buildable site area, and a maximum of 20 dwelling units per acre.
Consistent with the Master Plan's desire for an increase of office space, the
existing 10,829 square feet of office space shall be replaced on -site. All (100 %) of
the employee housing requirements associated with the Glen Lyon Office Building
site, as required by the Vail Town Code, shall be met on -site.
The Glen Lyon Office Building site may provide a good opportunity for the
location of garden level and first floor office space and residential uses.
INTRODUCED, READ, APPROVED AND ADOPTED this day of , 2008.
Richard D. Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Resolution No. 26, Series 2008, Page 10 of 14
EXHIBIT A
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Resolution No. 26, Series 2008, Page 11 of 14
EXHIBIT B
CHAPTER 4 MASTER PLAN RECOMMENDATIONS, OVERALL STUDY AREA
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Resolution No. 26, Series 2008, Page 12 of 14
EXHIBIT C
CHAPTER 4 MASTER PLAN RECOMMENDATIONS- OVERALL STUDY AREA
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Resolution No. 26, Series 2008, Page 13 of 14
EXHIBIT D
CHAPTER 5 DETAILED PLAN RECOMMENDATIONS
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Resolution No. 26, Series 2008, Page 14 of 14
TOWN OF VAIL
REVENUE HIGHLIGHTS
December 30, 2008
Sales Tax
When all sales tax returns are received for the month of November, collections for the
month are expected to be $708,565, down 5.26% from November, 2007. Year -to -date
sales tax collections of $16.9M are up 5.12% from 2007. Inflation as measured by the
consumer price index was up only 1.1 % for the month of November, 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 December 30, collections total
$613,283 of revenue. This is $31K over the amended budget of $582,000.
Construction Permit Fee Revenue
Construction permit revenue currently totals $2.5M, down 14% from this time last year.
Due to conservative budgeting, collected revenue currently exceeds the amended 2008
budget by $825K. The decrease in activity from the prior year is due to both major and
non - major redevelopment projects. Major redevelopment projects make up 79% of the
total, and construction permit fee revenue from those projects is down by 10% from prior
year. Revenue from non -major projects is down 27% from this time last year.
Real estate Transfer Tax (RETT)
RETT collections through December 29, 2008, total $8.9 million, 24% over the annual
budget of $7.2 million. This amount is a 29% 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 28% in sales dollars and down 41% in sales transactions as of
October, 2008.
Major redevelopment projects such as Arrabelle, Chalets at the Lodge at Vail, Forest
Place, Manor Vail, One Willow Bridge, Vail Plaza and The Willows account for 62% of
year -to -date 2008 collections. This is significantly higher than the 30% from December
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 24% year -to -date as of December, 2008 compared with 2007. This is more in
line with the sales decrease across the county.
081230 Revenue Highlights - 1 -