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HomeMy WebLinkAbout2009-03-17 Agenda and Support Documentation Town Council Evening Session x VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, MARCH 17, 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. ITEMITOPIC: Citizen Input. (10 min.) 2. Stan Zemler ITEMITOPIC: Town Manager's Report. (5 min.) 3.Suzanne Sllverthorn ITEMITOPIC: Review of Vail Village Dispersed Loading and Susan Douglas Delivery Pilot Program and Consideration of Short -Term and Long -Term Recommendations. (30 min.) ACTION REQUESTED OF COUNCIL: Review the recommendations regarding loading and delivery policies in Vail Village and approve or modify as needed. BACKGROUND RATIONALE: Since January 9, 2009, a pilot program for loading and delivery in Vail Village has been underway following Town Council's approval on November 18, 2008. The pilot program has represented a key milestone in the town's efforts to facilitate a dispersed loading and delivery network in Vail Village using a combination of underground delivery bays, including the newly - opened Mountain Plaza facility with its 13 public bays and on- street loading zones. Up to four additional public loading and delivery bays are under construction at Solaris and will be opened in 2010 to complete the Village core public improvements for loading and delivery. Dispersed operations have been underway in LionsHead since June 2008 with the opening of six public loading and delivery bays at the Arrabelle at Vail Square. Components of the Vail Village pilot program have included the following: Village Core Pilot Program • Began January 9, 2009. • On- street delivery available from 4 a.m. to 8:30 a.m. on Bridge Street and from 4 a.m. to 10:30 a.m. (shortened from 11:30 a.m.) on Gore Creek Drive. • No loading or delivery from Hanson Ranch Road across from the Christiania Lodge. This leading ZORe has beeR 81iFniRat8d-. r The Hanson Ranch Road "5 minute attended vehicle zone" was modified to include 30 minutes of unattended parking allowed for vehicles less than 20 feet in length from 6 p.m. to 2 a.m. No parking from 2 a.m. to 6 a.m. • ThR AAill Cr k Court Building leading and del"-" zene will be a-m4 To address hardships that were identified during the pilot program, the Mill Creek Court Building loading zone was modified to allow vehicles less than 20 feet in length to use the zone by permit only between 6 a.m. and 6 p.m. No parking from 6 p.m. to 6 a.m. • Outlying, dispersed loading and delivery options are available from 6 a.m. to 6 p.m., including use of the Mountain Plaza facility with 13 public bays. • Couriers must use designated loading zone areas for on- street delivery after 10:30 a.m. • In the event of a closure on Vail Pass, on- street delivery hours will be extended as needed. The list of numerous exceptions developed previously will apply, as well as the Code of Conduct for drivers. • The pilot program will involve education and monitoring by the Vail Police Department as alternatives to strict enforcement. • The evaluation timetable included an interim update to the Town Council on February 17, 2009, followed by a meeting of the Loading and Delivery Working Group on March 2, 2009. STAFF RECOMMENDATION: Following a March 2, 2009, evaluation by the Loading & Delivery Working Group, staff recommends the following: Short-Term Recommendation: March 18 to July 7, 2009 • Retain Vail Village Loading and Delivery pilot policies with the following modifications: o To address access issues identified by couriers (LISPS, 'UPS, Fed Ex), reserve 3 designated courier areas for use as follows: 1. Gore Creek Drive, north side, east end of Gorsuch Building from 6 a.m. to 6 p.m. 2. Convert two spaces at the south end of the Willow Bridge Road loading zone (next to Checkpoint Charlie) for use by the couriers from10:30 a.m. to 6 p.m. 3. Convert the loading zone on East Meadow Drive in front of Vail Boot and Shoe to allow couriers only from 8 a.m. to 6 p. M. o Initiate a pilot program for East Meadow Drive that would allow on- street loading and delivery on the street's north side from 5 a.m. to 8 a.m. Delivery drivers will implement the techniques identified in the j Code of Conduct to reduce noise impacts. Drivers will enter from the east from Village Center Chute or Checkpoint Charlie to access and must not impede bus service which begins at 6 a.m. Pilot program will run March 18 to July 7 with modifications as necessary prior to full review by the Town Council on July 7. • Amend delivery regulations for summertime use if necessary. Discussion would occur during July 7 Town Council review. • Continue police education and facilitation program using enforcement measures when appropriate and warranted. Long -Term Recommendation: Mid -2009 -2010 • Work with private property owners and delivery drivers to pursue increased use of existing on -site loading zones, i.e. Village Plaza, One Willow Bridge Road, Vail Plaza Hotel, etc. • Proceed with the installation at town expense of a lift to connect the lower level of the Vail Plaza Hotel loading and delivery area to the Village Inn Plaza commercial core area. At such time as ANY redevelopment (i.e., SDD amendment) occurs in any phase of the Village Inn Plaza (SDD #6), the applicant would be required as a condition of approval to reimburse the town for this expense. The lift is estimated to cost between $40,000 and $45,000. This recommendation requires permission from the property owners association to allow access to private property. Staff's recommendation is based on the following considerations: o The Town of Vail is a property owner within SDD (Phase V). o The Town of Vail will seek funding partners from within the SDD. o The installation of the lift will significantly improve the function and flow of loading and delivery within the SDD and serves a compelling public interest. o The Town of Vail will place a lien on the properties ensuring full reimbursement in the future. o The Town of Vail should take a leadership role in resolving this issue. • Work with affected parties to design a permanent solution for loading spaces on Gore Creek Drive east of Bridge Street to address acknowledged deficit. • Work with affected parties to prepare a recommendation for incremental adjustments in the loading and delivery policies to accommodate the future use of loading docks at Solaris on East Meadow Drive. 4. Lorelei Donaldson ITEM/TOPIC: Building & Fire Code Appeals Board (B &FLAB), Design Review Board (DRB), Planning and Environmental Commission (PEC), Liquor Licensing Authority (LLA), and Art in Public Places (Al PP) Board Appointments. (10 min.) ACTION REQUESTED OF COUNCIL: 1) Appoint three applicants to the PEC for a term of two years each (through March 31, 2011). 2) Appoint two applicants to the DRB for a term of two years each (through March 31, 2011). i 3) Appoint two applicants to the AIPP for a term of three years (through March 31, 2012)'* 4) Appoint one applicant to the LLA for a 2 -month term ending June 30, 2009. 5) Appoint one applicant to the B &FCAB for a term of five years (through March 31, 2014). BACKGROUND RATIONALE: There are currently three vacancies for PEC, two vacancies for DRB; two vacancies for AIPP; one vacancy for LLA, and one vacancy for the B &FCAB. The Town received six (6) applications for the PEC; three (3) applications for the DRB vacancies, two (2) applications for the AIPP; one (1) application for the LLA vacancy; and two (2) applications for the B &FCAB. Incumbent members of the PEC, DRB, AIPP, LLA, and B &FCAB are noted by asterisks below. It is requested that the Town Council interview each applicant at the work session and then appoint three applicants to the PEC; two applicants to the DRB; two applicants to the AIPP, one applicant to the LLA and one applicant to the B &FCAB, at the evening meeting. The applicants are as follows: PEC: DRB: AIPP: Pamela Hopkins Stephen Katz Thomas Du Bois* Dorothy Browning* Michael D. Kurz* Brian Gillette* Brittany Kennedy Scott Lindall Michele Kobelan Scott Proper* David Viele* LLA: B &FCAB: K.J. Williams Thomas Du Bois* Steven Loftus I have enclosed an attendance summary for the PEC, DRB and AIPP boards for your review. However, I did not include them for the B &FCAB and LLA boards. I have also included possible questions to ask the prospective board members for each board. RECOMMENDATION: Appoint a total of three members to the PEC for two -year terms each; two members to the DRB for two - year terms each; two members to the AIPP for a three -year term * *, one member to the LLA for a 2 month term; and one member to the B &FCAB to a five -year term. 5. Rachel Friede ITEMITOPIC: Request for permission to proceed through the Town's development review process with a proposal to replace an existing egress path, located on Town -owned property, located on Tract I, Block 5E, Vail Village Filing 1, adjacent to Talisman Condominiums at 62 East Meadow Drive (Tract K -L, Block 5E, Vail Village First Filing). (15 min.) ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council approve, approve with conditions, or deny the applicant's request for permission to proceed through the development review process for improvements on town -owned property. BACKGROUND RATIONALE: The Talisman Condominium Association is required to have egress from the dwelling units on the south side of the building per applicable building and fire codes. The Talisman built a stone path around the time of initial construction in 1971. In 1997, the Talisman Condominium Association received a revocable right -of -way permit from the Town of Vail for installation of a new concrete path and fence, although the existing path and fence were maintained. While the improvements are in the Gore Creek stream setback, they are legally non - conforming and may continue to exist so long as the non- conformity does not increase. STAFF RECOMMENDATION: Staff recommends the Vail Town Council approves, with conditions, the applicant's request to proceed through the development review process, with the following conditions: 1. The applicant shall construct an egress path as close to the applicant's property as possible, and with the minimum width required to meet applicable building codes. 2. The applicant shall remove the fence constructed on town - owned property. 3. The applicant shall utilize a material that is more permeable than the existing concrete, such as flagstone or a similar material. 4. The applicant shall enter into an easement agreement with the Town of Vail in a form deemed suitable by the Town prior to final inspection of the improvements. 6. Nicole Peterson ITEMITOPIC: First reading of Ordinance No. 3, Series of 2009, Nina Timm an ordinance adopting prescribed regulation amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to Section 12 -61 -8, Parking and Loading, Vail Town Code, to amend parking requirements in the Housing (H) zone district, and setting forth details in regard thereto_ (30 min.) ACTION REQUESTED OF COUNCIL: Approve, modify, or deny Ordinance No. 3, Series of 2009, on first reading. BACKGROUND RATIONALE: At the direction of the Vail Town Council and the Vail Local Housing Authority the Community Development Department has prepared amendments to the parking requirements in the Housing (H) zone district. The purpose of the amendments is to create predictable, quantifiable and enforceable policies that replace discretionary review with a more predictable process that eliminates confusion and delays in the review process for the Town and the developer. On February 9, 2009, the Planning and Environmental Commission held a meeting to forward a recommendation to the Vail Town Council for Ordinance No. 3, Series of 2009. A motion to recommend approval of Ordinance No. 3, Series of 2009, failed with a tie vote (3 -3 -0 Proper, Kjesbo and Tjossem opposed). STAFF RECOMMENDATION: Staff recommends the Vail Town Council approves Ordinance No. 3, Series of 2009, on first reading. 7. Warren Campbell ITEMITOPIC: First reading of Ordinance No. 7, Series of 2009, an ordinance repealing and re- enacting Ordinance No. 5, Series of 2006, establishing Special Development District No. 39, Crossroads, and setting forth details in regard thereto. (30 min.) I ACTION REQUESTED OF COUNCIL: Approve, modify, or deny Ordinance No. 7, Series of 2009, on first reading. BACKGROUND RATIONALE: On March 9, 2009, the Town of Vail Planning and Environmental Commission held a public hearing on a request for a major amendment to Special Development District No. 39, Crossroads to increase the maximum allowable number of dwelling units from 77 to 78 dwelling units, located at 141 and 143 Meadow Drive, and setting forth details in regard thereto_ Upon review of the request, the Planning and Environmental Commission voted 6 -1 -0 (Pierce opposed) to forward a recommendation of approval of the request to amend Special Development District No. 39, Crossroads, to the Vail Town Council. STAFF RECOMMENDATION: Approve Ordinance No. 7, Series of 2009, on first reading. 8. Kelli McDonald ITEMITOPIC: Resolution No. 7, Series 2009, a resolution adopting John Dawsey an amended budget and making appropriations to pay the costs, expenses and liabilities of the Vail Local Marketing District, for its fiscal year January 1, 2009 through December 31, 2009. (30 min.) ACTION REQUESTED OF COUNCIL: Adopt the amended budget and appropriate an additional $104,000 for marketing related expenditures beginning on the first day of January 2009 and ending on the 31 day of December, 2009. BACKGROUND RATIONALE: Contingencies have arisen during the fiscal year 2009 which could not have reasonably been foreseen or anticipated by the Vail Local Marketing District Board at the time it enacted Resolution No. 17, Series 2008, adopting the 2009 Budget for the Vail Local Marketing District of Vail, Colorado. STAFF RECOMMENDATION: Adopt the amended budget and appropriate an additional $104,000 for marketing related expenditures beginning on the first day of January, 2009 and ending on the 31S day of December, 2009. 9. Matt Mire ITEMITOPIC: Resolution No. 8, Series 2009, a Resolution Approving an Amendment to the Core Site Employee Housing Agreement between the Town of Vail and the Vail Corporation; and Setting Forth Details in Regard Thereto. (15 min) ACTION REQUESTED OF COUNCIL: Approve the Amendment to the Core Site Employee Housing Agreement and authorize the Town Manager to sign and enter into the Amendment. BACKGROUND RATIONALE: On December 11, 2007, the Council passed Resolution No. 29, Series 2007 authorizing the Town to enter into a Core Site Employee Housing Agreement (the "Agreement ") with the Vail Corporation d /b /a Vail Associates, Inc. ( "VR ") regarding VR's employee housing obligations required in connection with VR's development of the Arrabelle project (the "Core Site Housing - Requirements "). The Town and VR have mutually determined that the development site owned by VR and commonly known as the "North Day Lot" will constitute an acceptable site for developing a project to comply with the Core Site Housing Requirements, and VR presently intends to proceed with the development for that purpose on the North Day Lot (the "North Day Project "). The Town has given requisite development approvals for the North Day Project by actions of the Town's Planning and Environmental Commissions on February 4, 2009 (with modified conditions adopted by Council on March 3, 2009), and of the Town's Design Review Board on February 18, 2009. The Agreement establishes a date for which a building permit must be obtained and construction must commence for the North Day Project (the "Construction Commencement Date"). The Town and VR have mutually agreed to amend the Agreement as it relates to the Construction Commencement Date. STAFF RECOMMENDATION: Approve the Amendment to the Core Site Employee Housing Agreement and authorize the Town Manager to sign and enter into the Amendment. 10. Matt Mire ITEMITOPIC: Consideration of an extension to the Development Improvement Agreement by and between the Town of Vail and OHP Vail One, LLC for the redevelopment of the Lionshead Parking Structure_ (15 min.) ACTION REQUESTED OF COUNCIL: See attached memorandum. BACKGROUND RATIONALE: The Town of Vail (the "Town ") and OHP Vail One LLC (the "Developer ") entered into a Development Improvement Agreement (the "Agreement") on October 16, 2007 for the redevelopment of the Lionshead Parking Structure. The Agreement sets forth the rights and obligations of the Parties with respect to the proposed mixed use development, including timeframes, deadlines and target dates for the completion of certain tasks. Pursuant to the terms of the Agreement, the "Project Plan" was required to be submitted by the developer for consideration by the Town Council by March 15, 2008. Thereafter, the Developer requested and was granted an extension of time, to the permitted contract date of September 15, 2008 for review of the Project Plan. The amendment approved in September of 2008 provides that if the Deed Restriction Agreement has not been executed by March 17, 2009, the Agreement shall immediately terminate, unless such target date is extended. The Developer has submitted a request for extension until June 15, 2009. No documentation of progress regarding the removal of the deed restriction was included. STAFF RECOMMENDATION: NIA 11. ITEMITOPIC: Adjournment. (9:05 pm) (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, APRIL 7, 2009 IN THE VAIL TOWN COUNCIL CHAMBERS. I I i I MEMORANDUM TO: Vail Town Council FROM: Stan Zemler, Susan Douglas, Steve Wright, Greg Hall, George Ruther, Suzanne Silverthorn I SUBJECT: Review of Vail Village Dispersed Loading and Delivery Pilot Program and Consideration of Short -Term and Long -Range Recommendations DATE: March 17, 2009 i I 1. BACKGROUND Since January 9, 2009, a pilot program for loading and delivery in Vail Village has been underway following Town Council's approval on November 18, 2008. The pilot program has represented a key milestone in the town's efforts to facilitate a dispersed loading and delivery network in Vail Village using a combination of underground delivery bays, including the newly - opened Mountain Plaza facility with its 13 public bays and on- street loading zones. Up to four additional public loading and delivery bays are under construction at Solaris and will be opened in 2010 to complete the Village core public improvements for loading and delivery. Dispersed operations have been underway in LionsHead since June 2008 with the opening of six public loading and delivery bays at the Arrabelle at Vail Square. Components of the Vail Village pilot program have included the following: Village Core Pilot Program • Began January 9, 2009. • On- street delivery available from 4 a.m. to 8:30 a.m. on Bridge Street and from 4 a.m. to 10:30 a.m. (shortened from 11:30 a.m.) on Gore Creek Drive. • No loading or delivery from Hanson Ranch Road across from the Christiania Lodge. . The Hanson Ranch Road "5 minute attended vehicle zone" was modified to include 30 minutes of unattended parking allowed for vehicles less than 20 feet in length from 6 p.m. to 2 a.m. No parking from 2 a.m. to 6 a.m. • The Mill GFeek-Geurt Building loadiRg and delivery zone will be available To address hardships that were identified during the pilot program, the Mill Creek Court Building loading zone was modified to allow vehicles less than 20 feet in length to use the zone by permit only between 6 a.m, and 6 p.m. No parking from 6 p.m. to 6 a.m. • Outlying, dispersed loading and delivery options are available from 6 a.m. to I 6 p.m., including use of the Mountain Plaza facility with 13 public bays. j • Couriers must use designated loading zone areas for on- street delivery after 10:30 a.m. • In the event of a closure on Vail Pass, on- street delivery hours will be extended as needed. The list of numerous exceptions developed previously will apply, as well as the Code of Conduct for drivers. I • The pilot program will involve education and monitoring by the Vail Police Department as alternatives to strict enforcement. • The evaluation timetable includes an interim update to the Town Council on February 17, 2009, followed by a meeting of the Loading and Delivery Working Group on March 2, 2009. 2. EVALUATION & ASSESSMENT On March 2, 2009, the town convened members of the Loading and Delivery Working Group which was formed during the summer of 2007 to review current loading and delivery practices and to evaluate future modifications. The meeting was chaired by Mayor Dick Cleveland and included representation from the retail, restaurant, lodging, chamber, residential, and delivery sectors, including large and small trucks. Several key themes emerged from the discussion: • Time is money; on- street, close -in deliveries are preferred by the vendors due to efficiencies. • Mountain Plaza facilities must be fully operational (address elevator issues). • Additional on- street delivery flexibility may be warranted, especially during mid- day. • Adjustments must be compatible in maintaining safe pedestrian access during peak AM and PM periods (winter and summer). • Deliveries to businesses on East Meadow Drive are challenging for drivers (including use of Vail Plaza loading dock) and are creating early morning noise interruptions for residents. Due to access difficulties, drivers have been unloading in restricted areas during the early morning hours. Current East Meadow Drive Loading & Delivery Policies: - -No deliveries allowed on East Meadow Drive except in designated loading zones or an approved exception. -- Loading zones available at Vail Boot and Shoe from 6 a.m. to 10:30 a.m., FirstBank of Vail (15 minute) and Vail Plaza Hotel. • Enforcement actions are needed. Detailed meeting notes are attached in Appendix A. 3. STAFF RECOMMENDATION Following the March 2, 2009, evaluation by the Loading & Delivery Working Group, staff recommends the following: Short-Term Recommendation: March 18 to July 7, 2009 • Retain Vail Village Loading and Delivery pilot policies with the following modifications: o To address access issues identified by couriers (USPS, UPS, Fed Ex), reserve 3 designated courier areas for use as follows: I. Gore Creek Drive, north side, east end of Gorsuch Building from 6 a.m. to 6 p.m. 2. Convert two spaces at the south end of the Willow Bridge Road loading zone (next to Checkpoint Charlie) for use by the couriers from10:30 a.m. to 6 p.m. 2 i 3. Convert the loading zone on East Meadow Drive in front of Vail Boot and Shoe to allow couriers only from 8 a.m. to 6 p.m.. o Initiate a pilot program for East Meadow Drive that would allow on- street loading and delivery on the street's north side from 5 a.m. to 8 a.m. Delivery drivers will implement the techniques identified in the Code of Conduct to reduce noise impacts. Drivers will enter from the east from Village Center Chute or Checkpoint Charlie to access and must not impede bus service which begins at 6 a.m. Pilot program will run March 18 to July 7 with modifications as necessary prior to full review by the Town Council on July 7. • Amend delivery regulations for summertime use if necessary. Discussion would occur during July 7 Town Council review. • Continue police education and facilitation program using enforcement measures when appropriate and warranted. Long -Term Recommendation: Mid -2009 -2010 • Work with private property owners and delivery drivers to pursue increased use of existing on -site loading zones, i.e. Village Plaza, One Willow Bridge Road, Vail Plaza Hotel, etc. • Proceed with the installation at town expense of a lift to connect the lower level of the Vail Plaza Hotel loading and delivery area to the Village Inn Plaza commercial core area. At such time as ANY redevelopment (i.e., SDD amendment) occurs in any phase of the Village Inn Plaza (SDD #6), the applicant would be required as a condition of approval to reimburse the town for this expense. The lift is estimated to cost between $40,000 and $45,000. This recommendation requires permission from the property owners association to allow access to private property. Staffs recommendation is based on the following considerations: o The Town of Vail is a property owner within SDD (Phase V). o The Town of Vail will seek funding partners from within the SDD. o The installation of the lift will significantly improve the function and flow of loading and delivery within the SDD and serves a compelling public interest. o The Town of Vail will place a lien on the properties ensuring full reimbursement in the future. o The Town of Vail should take a leadership role in resolving this issue. • Work with affected parties to design a permanent solution for loading spaces on Gore Creek Drive east of Bridge Street to address acknowledged deficit. • Work with affected parties to prepare a recommendation for incremental adjustments in the loading and delivery policies to accommodate the future use of loading docks at Solaris on East Meadow Drive. 3. ACTION REQUESTED OF COUNCIL Review the recommendations regarding loading and delivery policies in Vail Village and approve or modify as needed. 3 RESOURCES Code of Conduct for Delivery Drivers • Turn off engine and refrigeration. • Keep conversations quiet. • Take care to be as quiet as possible, especially with movement of ramps. Turn radios and cell phones down. • Use rubber tires on your two- wheelers, where possible. • Use common sense - people are sleeping in the early morning hours. Approved 10.1 6.07 i Vail Village Loading & Delivery Special Circumstances Whenever possible, before requesting an exception to the loading and delivery guidelines, contact Checkpoint Charlie. Special circumstances will be managed by the Vail Police Department and include, but are not limited to: • Businesses receiving large items (sculptures, furniture, gallery pieces, etc.) and /or large volume deliveries (skis, clothing, etc.) • Service trucks (plumbers, electricians, carpet cleaners, etc.) + Shuttles, taxis or limousines with large quantities of luggage Delivery delays caused by inclement weather, mechanical breakdown or road closures + Flowers or other perishables • Deliveries which are heavy Private auto deliveries Hazardous materials • Personal vehicles • Meal deliveries • Special events • Armored cars • Fragile items • Moving vans Approved 11.18.08 History (prepared 11. 08.08) The lack of adequate loading and delivery facilities in Vail Village has long been thought to be among the resort's original design flaws. Problems associated with commercial loading and delivery in Vail were identified as early as 1973 when authors of a master planning document noted, "...it is literally impossible to walk without conflict with moving autos, parking autos, or unloading trucks ... the presence of the delivery vehicles, trucks of all sizes, in the pedestrian areas is a significant problem." By 1977, leaders adopted a resolution which expressed the community's intent to establish pedestrian malls limiting vehicular use in Vail Village by which commercial vehicle access was to be limited to properties where no other reasonable means of access exists. A year later, the Town Council passed an ordinance restricting vehicular access to Vail Village. Then in 1990, the Vail Village Master Plan identified "enhancement of the walking experience throughout the Village" as a top priority with recommendations to minimize the amount of vehicular traffic to the greatest extent possible. Continued emphasis on Vail's pedestrianization was identified in 1993 with the Vail Transportation Master Plan in which suggested alternatives ranged from a tunnel system, to a centralized system as 4 well as a decentralized operation. In 1997 a specific loading and delivery study was undertaken by the town. It identified a dispersed loading and delivery method as the most viable solution. In 1998, a traffic count identified 1,300 vehicles, including 300 delivery trucks, in the pedestrian area of Vail Village during a 10 -hour period. In the 2002 update to the Town of Vail Master Transportation Plan, the need for long -term solutions to loading and delivery were identified with recommendations to pursue a dispersed system. From there, the town, through the development review process, began requesting the creation of publicly - accessible dispersed loading and delivery bays as part of private development projects. The goal of creating dispersed loading and delivery facilities is to equally distribute delivery bays throughout the commercial areas of town to service the Village and to enhance the pedestrian experience of Vail. As private projects developed, a significant contribution of their public benefit to the community was the establishment of the loading facilities. The Front Door project was given a $500,000 -plus credit on its transportation impact fee in exchange for providing the larger loading facility. The creation of these community loading bays over time will allow the town success in meeting the goals identified in the numerous studies and master plans. Most recently, the 2009 budget for the Town of Vail includes $150,000 to assist with operation of the loading and delivery facilities at the Arrabelle at Vail Square and Front Door /Mountain Plaza. Previous Loading & Delivery Polices for Vail Village prior to January 9, 2009 Hanson Willow Bridge Gore Creek Mill Creek Ranch Bridge Checkpoint Street Drive Building Road Road Charlie Cars & Trucks Until Until 11:30 Until Until Until Until (up to 18') 8:30 AM AM 6:00 PM 6:00 PM 6:00 PM 6:00 PM Medium Trucks Until Until Until Until Until Until (19' -35') 8 :30 AM 11:30 AM 6:00 PM 11:30 AM 6:00 PM 6:00 PM Large Trucks Until Until Until Until Until Until (36' or more) 8:30 AM 11:30 AM 12:00 Noon 11:30 AM 12:00 Noon 12:00 Noon Until Until Until Until Until Until Trash Trucks 8:30 AM 9:00 AM 9:00 AM 9:00 AM 9:00 AM 9:00 AM Until Until Until Until Until Until Courier Services 8:30 AM 6:00 PM 6:00 PM 6:00 PM 6:00 PM 6:00 PM 5 r APPENDIX A Vail Loading & Delivery Working Group Meeting March 2, 2009 Meeting Notes Working Group Members in Attendance Vail Town Council Dick Cleveland, Mayor Retail Dave Gorsuch, Gorsuch Restaurant Michael Staughton, Los Amigos & Russell's Lodging Paul Johnston, Christiania Vendors Bob Dubois, Innermountain Distributors Mark D'Andrea, Shamrock Foods Henry Gaccetta, Sysco Denver Jim Armstrong, U.S. Postal Service Residential Bill Hanlon Chamber Craig Cohn, Vail Chamber & Business Assn. 1. Evaluation of Village Core Pilot Program What's Working • Streets are opening up earlier in the morning; guests are able to enjoy the benefits of the town's $12 million streetscape investment. • Compromises, working together and positive attitudes got us here and they must continue. _What's Not Working • Not a true test for pilot; some deliveries down 20% and, thus, occurring faster than a "normal year." • Time is money. It costs extra money to deliver the goods if there's a distance involved in using the handcarts. The Town Council needs to understand these cost impacts. • Shamrock and UPS, for example, are using multiple trucks to get the job done due to time restraints. An extra food truck costs $100,000 annually to operate. Need to hold the line on costs. • Mountain Haus loading zone is difficult to access; oftentimes there's no place j to park. Mountain Plaza • There are elevator issues in Mountain Plaza; need to work to optimize use of elevator for delivery operations. • RF tags are working well. 6 • UPS is taking up precious dock space in the event larger trucks need to access. • UPS, Gorsuch indicated it is impractical for them to use Mountain Plaza facility due to increased delivery distances. Other Logistics • Most food deliveries are occurring on street in the early morning hours; causing some congestion due to shortened time limits. • Each loss of a parking spot hampers delivery operations. • Does driving down Gore Creek Drive to access Mill Creek loading zone defeat the purpose of trying to keep vehicles out of the core? • Why limit vehicles to 20 ft. in the modified loading zones at Mill Creek and Hanson Ranch Road? • Trash trucks are having difficulty accessing lower Bridge Street. • Need more flexibility; UPS needs a few extra hours to deliver and a few extra parking spaces. • US Postal Service is spending an extra 60 to 90 minutes on delivery. It used to take between 2 Y2 to 3 hours. Having a delivery option of 11 a.m. to 1 p.m. would be preferred. • Be mindful of skier pedestrian flow during the morning and afternoon. Need to keep streets cleared of trucks and vehicles during the busy times. • Consider directing policies toward large trucks and small trucks with different parameters for each. • Consider assigned spots. • Could there be 3 parking spots on Gore Creek Drive for small trucks (UPS, Fed Ex, USPS)? • Let's not forget we're a summer resort, too. Our policies must not only work in winter, but in the summer as well (dining decks, etc.). Enforcement Issues • Large trucks are using the Vail Valley Road /Hanson Ranch entry in the afternoon; they aren't accessing through Checkpoint Charlie so code enforcement officers don't know they're there. Need video security system. • Need more enforcement of skier drop -off and 30 min. parking on Hanson Ranch Road. • Truck parking by Sitzmark near Checkpoint Charlie is tight squeeze for other vehicles to get through. Could adjustments be made to first two spots? Technology • Consider use of electric carts. • Monitoring via'security cameras. • What other new technology exists? 2. Evaluation of East Meadow Drive What's Not Worki� • Need more designated parking on west side, re: La Bottega. • Snow storage by FirstBank makes it hard to deliver from. • Parking area by Annie's is being abused by personal vehicles. 7 i Residential Impacts • Residents ask to be mindful of protecting the experience in Vail. There are early morning wakeups (beginning at 4 a.m.) of sleeping residents due to use of air brakes, tail gates dropping, stacking of boxes and other unloading noise, plus idling of trucks. • Town of Vail should resist adding a loading zone near La Bottega due to noise conflicts. Vail Plaza Loadinq Dock • Hard to deliver from; snow storage can be a problem. It takes 8 to 10 minutes a load for delivery; that's too much time. There's no tunnel connection. What's Workinq On- street delivery from a beer truck took just 7 minutes; very efficient. Enforcement Issues • Enforcement action is deeded against Vail Plaza due to unfinished improvements re: loading dock pathway. 3. Evaluation of LionsHead • Due to time constraints, participants asked to contact Town of Vail with feedback. LionsHead Loading & Delivery Policies - -No deliveries on LionsHead Mall without prior approval by the Police Department and must be for an exception. -- Loading zones available at Arrabelle, Concert Hall Plaza and the East LionsHead Bus Stop. 4. Next Steps • Vail Town Council evaluation of pilot program and associated staff recommendations based on feedback from the Working Group. The discussion will take place during the regular meeting of the Town Council on March 17. The meeting begins at 6 p.m. Public input will be encouraged. To contact the Town Council in advance, call (970) 479 -1860, ext. 8, or email towncouncil(@,vailgov.com I I 8 MOUNTAIN PLIIU TU NNEL ACCEl6IO VA I L VILLAGE LOADING DOCK MOUNTAI MAZAl.0A0ala 000tc LocRron of tremor , LOADING & A DELIVERY e Effective January 9th � ° °I FOR WINTER 2009 Code of Conduct for Delivery Drivers o►� ^ �� • Tum oR engineaM refrigeration ' °� ©\ -- keep c are to b e as quiet. Take • ore [o e as quiet as possible, especially with movement of ramps. Turn Tu rubber and cell phones down. • Use rubber tlres on your two-wheelers, where possible. • Use common sense - people are sleeping in the r early morning hours. Reminders • Loading &Delivery map and Info: N ' 1 M,,. • •••• <, www.vailoov.<omybadinadelivery O�— � ° s -�•%w� r Mountain Plaza Loadina Dods �ssso- • 970 - 7543049 (Vail Mountain Security) Checkooin arli tChe Ppsh r"r^+. 6 i ••^^- „ - Hours.7.30AM- 6 PM: 7 dayslweek - . � Phone: 9704767603 (after hours, anted Vail ©� ; Pollee non - emergency: 970479 -2201) Special Circumstances Whenever possible, before requesting an excepflon to the loading and deliveryguidelines, please contact Checkpoint Charlie Special circumstances will be managed by the Vail PolirE Department and include, utle, � • 44� MUUNTAIN but are not I'm. to: Businesses receiving large items (sculptures, p sus fumiture, gallery peces, etc.) and /or large volume delvenes (skis, lathing, etc.) \\ Service trucks (plumbers, electrkians, carpet cleaners, etc) 2009 Winter Regulations •R e • Shuttles, taxis or limousines with large quantities of �® luggage ® - Delivery delays caused Zone 1. On- street. close -in delivery available dl • cloy weather, m echanical or r breakdown or road ad cbsures from 4 a.m. to 8'.30 a.m. on Bridge Street t; p Flowers or other perishables and Hanson Ranch Road (upper Bridge Street) • Deliveries which are heavy • Private auto deliveries EM - Zone 2: On- street, close -in delivery available • Hazar m materials from 4 a.m. to 70:30 a.m. on Gore Creek Drive Personal \\ Peal vehkles Fragile items • Meal deliveries Moving vans ® _ Outlying Zones: Dispersed options during restricted Special events hours on a tat come, 1st served basis: 6 a.m. to 6 p.m.; / Amlored cars by permit issued at Checkpoint Charlie ��/ eu•IrruNm Loulbn BrrnMS Nrrrs M Le.2 ounts P e l m rt O a re 4.0 0 AM I per Vr RO9nrpewaur D3 user We WZ (Operational hours /Or the Loading Dark a rd el—mm to a 4'0 AM [0 10:00 PM, Montlry through Sunday) b Rir> R°.e / Lraaerse / ed.n onto .° Remrt WS AE Betaraa Maven GeY�imem T3 1. Direction to the Mountain Ram Loading OOCk. Nr sFe.b a1 Mrla: &eu Geemery T1 L Fi it a Mam Vail, eick .176 and enter the traffic O2ks. �e Fu OeMr O] Is .ion' x7 II. Turn right onto Vail Road. apne � Xe Moos. c.eoo:< oz III. Proceed straight w Vail Road and look for the Mt Plaza Loading Dock electronic status board on your right. Mar Tnseues IeanY Fore Alpne slarel 09 MpunlMn Uo9 x9 W. Tum right inb the tunnel and follow the signage to die loading dock. rcn Qer E.d.�gs U uw,m.n Rr.a 81 2 All very entities may mntad van MOUnta n 5erz.ity a (97017543049 m rooster and 'll then 'van dretYVrc m tyav m ammY X1 Lrunrn Rev Al aOOroaiate R %card and I or ao— code zJ°w as N1ep F° aO p1$ 3. NO CHAINS are allowed inside the tun and Loading Dock area �aea W TS —H N2 4. Follow the map located on the east wall of and the Loading Dock for space assignments, helpful Information a addrtlonal ingru toi ew a Pw, ue oseM a.nl xa 5. The a t—r tunnel door will be in the dosed position. Ac Is achi ble autanatkally (via an Issued RF card), granted via avy d an issued war w1 nr,o/ aelro err eb9 03 code a granted W mllirlg the appropriate party from the auras --I pails. The extelor tunnel door will tie In the Wen position during 8 e =: P , a R SB summer mont (May through October) tD facilitate aloes m the public manly road (weather depadant). AI l terio inr gates will also be the aemp.m slop I Pero m % Pee,i spurn 03 dosed pos 111 and aces is via the same mean as the tunnel door. aeM FprO Mine San W Wk irenwe :) F1 Pop's wrrsru' a Br [avers Enbrrel 0 epees &•loo Fl Wp'a wbarennlOatpa Gremenemmr 05 5 6. T m The d s L , m a ag ok leas co t tier Val Road and Forest y W On and Rd Intersection, urm Wi Th notify be to do ck ta Is avant e o null. tree .s. elletaq of R•ma lag loading g dock o* sIgtf reads full please contininue e t0 on another re- delivery kxatl and r neturn III will NO staging allowed on the starB tt Papcem Wapan 07 7. All Mountain Plaza and Vail Village tenants are responsible for moelwng a sign Off on their delwe ies. The Loading Dock Is not a staging area 's 013 Rao uon F] and all shipments must be deiyeral immediately to the n pal party. Delrve+ies left greater than 4 hours will be lerlDVel from the area. w+^°•a �^°s RE Ran e». Ran ERr. Xb R«ar eti cna�mba r:rry FI 6. D JNeles matte to surrounding properties within the Vail Village care may use other elevator, des'Igndtel as #3 and .4. Please fdbw the &Ides Str°e1'yp°` °I a2 Rnn eym. ll— E— 10 fell line on the loading dock to the elevators wwson W5 Ro.Y e's Na 9. If you require asslstalce with the operations of the dodo area purse use the phonier located outside the Loading oak oRloe and an operator wvn crraa a.N.r r] s.e e.e Tano w] assist you. ..n 11 10. The Mountain Plain Loading Desk will not provide dollies, hand suds a pallet jacks. Drivers are responsble fa Mel, own equipment required b c.wnr Darr. 4tl BypMm wM.,rry 4 deliver their goods. Thee is to be NO storage d these items in the Loading Doc' area. rn.A.YT -sin. x7 e.am o.een xi 11. Mountain Plaza is not responsible for am items ItR arc die Loadirg Del' or the .—.ding area. GrbeYT- gilts, E» Pb¢a N ehs.P•Ira /Orr• VsI Race p2 ll terants/delive loading cn.1n o inn a 12. A ry, personnel are responsible for leaning up after their deliverers. This m ater s the kills dock, pathways tray Jed, and N4 elevators. Trash al receding ff m ilm are readily available on the dock. Spill Kits and materials are also mill should they be needed. by Mewed Mr o7 . snm a F�arown w. ERNe tie 13. VMICe engines Shall be Shut elf while tteliveles are bong made. L t cna.eaer wrier Ral Eerw " o.m .ne unes. cmeuvc'on1 sun 14. No LONG TERM PARKING In the loading dock. The T entire area is desgnated as a Mo y / "up zone only! Arty whk3es In vkXabori will be curry Spmb 04 SRwnrp Res Eann TS ticketed and towed at the owners expense, Ohn s, 1asM Entreme) G5 9onrcnse Reson �auAywm'klLUtivp'a W5 15. The Lo301!g Oat' i5 monitored by se0mty Omeras. IrWPmpiae Dallana and a violation d Loath Dock rules will reaad In Im of Clsppen wv oruv X2 Sprs Bbaswn MI Dock privileges and pose_ut ion W the fullest extml of the law when applicable. �� r.x cex..r all �sw.r zs 16. Please report any damage to vehicles or facilities Immediately try call ing cos ear erww score of a a�I can & Vail Mountain Security at (970) 7543D49. i I' wnertu K2 awnGrw W4 person T T�Rara 9z K1 Ta Vera Meunier taapea floe R1 pesprr FUn ffi LMperb %2 Ergbims�Ynoaws 05 Tar u4 F1 E »PrumrCneree'a i ui To otldr•ep•N x2 . E »Frcea /La ampoa as TammYaMara 83 Fw nla.FVr. n TovsWe cue M1 Tny sMa soaeo.a snap Nl * ,nn. Re aner.ee.r o5 w Tee nteral Rer.e..v n �L Y - ,• ° OI 59ruee 07 Veer A e H) 2 bus GUa /vul M1bunren LaC9ea 5ry RI rswe e�eeA -1 M5 V.I—a— xi 'gap a wr »ere L lna�.ml l8 vr�LYer 2 a! n 1 K9 .I Oeu U2 Vrimeneeon. n:e ne-1.1-11 . -11 ka M— qi y`A Hu17rs Rawua M F2 Vr I Gabrr x] (/ n Fuaan Fm (Nan 011 V.I Jeeabrs MI icon J6 Vtll Mwnlein Reenura CmW C1 WUnbn oa0pe83periure Btlaol V.l AWe(k GUt RI ��` .� � se me a � VMR menede G.bn IaA .Y heelM1 u VW Red o M5 kr W rums Re. Eueb 11 VY Rewrteeu o] W3 I's The Mountain Plaza , Kb� N VMfEMOO(bdEnvew , tl0 � � � KA Loadino and Delivery �'! .; sTa •r enn �] :VII -- » l ' r "� e LaKebn;LOwe•Enlm:el 011 Vsl V.q• W facility can handle vehicles ` �eMrr�Ennrm m, of y.e ant x5 Larpknp A4key P1 Kew T4 in length up to 55' (WB -50), O m. err and has a height clearance of 13'6" 4 L oOee al el V.1 .1 w �fe.d Entr—1 k- p y.I c Coders Tawl El wai Sheet dnma lghn.opMr Kemal RE L2 Los a — l E» PruY• as —.1 JakY Fe —a— tier avers BrN Empmum L1 I r � MEMORANDUM TO: Town Council FROM: Community Development Department DATE: March 17, 2009 SUBJECT: Request for permission to proceed through the Town's development review process with a proposal to replace an existing egress path, located on Town - owned property, Tract I, Block 5E, Vail Village Filing 1, adjacent to Talisman Condominiums at 62 East Meadow Drive (Tract K -L, Block 5E, Vail Village First Filing). Applicant Talisman Condominium Association, represented by Tom Saalfeld Planner: Rachel Friede I. SUMMARY The applicant, the Talisman Condominium Association, is requesting permission to proceed through the Town's development review process to allow for the replacement of an existing egress path located on the south side of the Talisman on Town of Vail owned property located on Tract I, Block 5E, Vail Village Filing 1. Since the existing and proposed egress path is located on Town of Vail owned property, the applicant must first obtain Vail Town Council consent as the property owner before proceeding through the Town's development review process for the new path. Staff requests that the Vail Town Council approve, approve with conditions, or deny the applicant's request for permission to proceed through the development review process for improvements on town -owned property. II. DESCRIPTION OF REQUEST The Talisman Condominium Association is required to have egress from the dwelling units on the south side of the building per applicable Building and Fire Codes. The Talisman built a stone path around the time of initial construction in 1971 (see Figures 1 and 2). In 1997, the Talisman Condominium Association obtained a revocable right -of- way permit from the Town of Vail for installation of a new concrete path and fence, although the original path remained. While the improvements are in the Gore Creek stream setback, they are legally non - conforming and may continue to exist so long as the non - conformity does not increase (i.e. they do not move the path closer to Gore Creek). The applicant is requesting to proceed through the development review process in order to upgrade the failing egress path. Because the path is not located in a town right -of -way, it is necessary to execute an easement versus a continuation of the revocable right -of -way permit. The applicant's request is attached for reference (Attachment A). Ill. STAFF RECOMMENDATION Staff recommends the Vail Town Council approves, with conditions, the applicant's request to proceed through the development review process. Please be advised that should the Town Council choose to approve this request, such an approval would not constitute an explicit approval of the proposed improvements. Any approval of this I � r request will only grant the applicant the property owner authorization needed to proceed through the Town's development review process. Staff recommends the Vail Town Council place the following conditions on the approval: 1. The applicant shall construct an egress path as close to the applicant's property as possible, and with the minimum width required to meet applicable building codes. 2. The applicant shall remove the fence constructed on town -owned property. 3. The applicant shall utilize a material that is more permeable than the existing concrete, such as flagstone or a similar material. 4. The applicant shall enter into an easement agreement with the Town of Vail in a form deemed suitable by the Town prior to final inspection of the improvements. IV. ATTACHMENTS A. Applicant's request i I TALISMAN PARCEL .�� ,,�' U' , � SEWER MANHOLE / RIM ELEV. 8152.4' / INV ELEV. = 8141.9'/ / �, ,► POOL / BUILDING Pik son •' vow e 46 100 YEAR / f ' FLO00PLAJN BOUNDARY I Figure 1: Talisman egress path 2 f I i I i Y +f%p Figure 2: Photo of existing path t � Attachment A Talisman Condominium Association 62 East Meadow Drive Vail, CO. 81657 March 11, 2009 Town of Vail Attention Rachel Friede Dept of Community Development 75 S Frontage RD Vail, CO 81657 Dear Rachel: As managing agent for the Talisman HOA, I have been asked by our Board of Directors to contact the Town of Vail and ask permission to maintain the existing building egress pathway that serves as the buildings fire/safety walkway. The sidewalk is located on Town of Vail property, along Gore Creek and I have been asked to submit a request to the Vail Town Council to advance though the development review process. The sidewalk was built in the early 1970's as part of the original building construction. It currently is in unsafe and unsightly condition. The association would like to remove the concrete sidewalk and replace it with a flagstone pathway, possibly adding snowmelt below the pathway to keep it clear of snow and ice during the winter. Even though this pathway is on TOV property, as stated above, it is necessary because it serves as the fire/safety egress route out of the building. Thank you for your consideration, Talisman Managing Agent Tom Saalfeld Ptarmigan Management 970 476 -3328 970 476 -5803 fax ptarmmgt@vail.net MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: March 17, 2009 SUBJECT: Ordinance No. 3, Series of 2009, an ordinance adopting prescribed regulation amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to Section 12-61 - 8, Parking and Loading, Vail Town Code, to amend parking requirements in the Housing (H) District, and setting forth details in regard thereto. (PEC060067) Applicant: Town of Vail Planner: Nina Timm /Nicole Peterson L PROBLEM STATEMENT The Vail Town Code currently allows for a reduction in minimum parking requirements in the Housing (H) District if a parking management plan is approved by the Planning and Environmental Commission, with no maximum percent reduction. Experience has proven that the current parking reduction language in the H District may not be in the best interest of the Town, the community, or the developer. The current parking reduction regulations are: I ✓ Unpredictable; ✓ Unquantifiable; ✓ Discretionary and untimely, ✓ Offer managed solutions, and ✓ Unenforceable. II PROPOSED SOLUTION At the direction of the Vail Town Council and the Vail Local Housing Authority the Community Development Department has prepared amendments to the parking requirements in the Housing (H) zone district. The purpose of the amendments is to create predictable, quantifiable and enforceable policies that replace discretionary review with a more predictable process that eliminates confusion and delays in the review process for the Town and the developer. Staff is proposing parking reduction language for the Housing District to allow for a 25 % parking reduction for deed restricted EHU's in the Housing District. The proposed criteria for the 25% parking reduction are, in summary: ✓ The development shall have density equaling 20 units or more per acre; ✓ The development shall be located within 880 feet (0.16 mile) of public transportation; ✓ The development shall be located within 2,500 feet (0.47 mile) of a Commercial Job Core (Vail Village, Lionshead or West Vail); ✓ Covered bicycle parking shall be provided on site; and ✓ A statement shall be provided in the recorded employee housing unit deed restriction(s) that acknowledges the approval of the parking reduction. 1 I Ill. BACKGROUND On February 9, 2009, the Planning and Environmental Commission held a meeting to forward a recommendation to the Vail Town Council for Ordinance No. 3, Series of 2009 (Attachment A). No formal recommendation was forwarded, due to the motion to approve, resulting in a tie vote (3 -3 -0 Proper, Kjesbo and Tjossem opposed). In summary, the Commission found that the issue of reducing the amount of parking is too dynamic and should be applied on a case -by -case basis. On February 17, 2009, Staff requested the Town Council answer the following questions: 1. Does the Town Council wish to amend the parking reduction language in the Housing District to establish more predictable, quantifiable, enforceable and less discretionary parking regulations for deed restricted EHU's in the H district? 2. If so, do the proposed amendments in Ordinance No. 3, Series of 2009, meet the intended goals? At the work session Town Council requested Staff move forward cautiously. Based upon the extensive research previously presented to Town Council, Staff recommends Town Council move forward with the proposed amendments. The proposed amendments provide timely and reliable parking regulations for the Housing (H) zone district. The amendments will allow development in the Housing (H) zone district to determine immediately if they qualify for a 25% parking reduction based on the proposed density of the development, the development's proximity to public transit or the Commercial Job Core and covered on -site bicycle parking. IV. CRITERIA According to Section 12 -3 -7 Amendment, Vail Town Code, before acting on an application for an amendment to Title 12, Zoning Regulations, Vail Town Code, the Planning and Environmental Commission and Town Council shall consider the following factors: (1) The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Staff believes the proposed amendments further the general purpose of Title 12 Zoning Regulations by promoting the coordinated and harmonious development of the Town, through applicable, enforceable parking regulations in the H District. The Town of Vail currently allows a reduction in minimum parking requirements, in the Housing (H) District if a parking management plan is approved by the Planning and Environmental Commission that demonstrates a need for fewer parking spaces than Chapter 10, Vail Town Code would require. It states, "For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services B. A limitation placed in the deed restrictions limiting the number of cars for each unit. C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle service, or staggered work shifts." The current regulations do not provide quantifiable, enforceable regulations. The current regulations have lead to confusion and unpredictability in the review process, which is not the intent of the zoning regulations. The purpose of the proposed amendments is to propose predictable, quantifiable, enforceable policy that removes the discretionary review and creates a predictable process to eliminate confusion and delay in the review. 2 i (2) The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and I The Vail Land Use Plan states a specific residential goal that affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. Staff believes the proposed amendments directly achieve the goal by proposing a limited incentive (parking reduction) for employee housing with appropriate restrictions that balance the transportation needs and parking needs of the residents. (3) The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Conditions have changed in that the Town has reviewed development and redevelopment of property in the H District. The experience has proven that the unpredictability of the current parking reduction language has not been in the best interest of the Town, the community or the developer. The current regulations do not provide quantifiable, enforceable regulations. The current policy has lead to confusion and unpredictability in the review process. The proposed amendments are less subjective, efficient and predictable. Therefore, the proposed amendments eliminate arbitrary interpretation, confusion and delay in the review process. (4) The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The proposed text amendments further the purpose and goals of the Zoning Regulations and the Comprehensive Plan, in that the amendments provide predictable policy that will result in coordinated and harmonious development of the Town, through applicable, enforceable parking regulations in the Housing District. The proposed amendments provide predictable policy, through the Zoning Regulations consistent with the municipal development objectives of the Comprehensive Plan. V. ACTION REQUESTED The Community Development Department recommends the Town Council approves of Ordinance No. 3, Series of 2009. Should the Town Council choose to approve Ordinance No. 3, Series of 2009, the Community Development Department recommends the Town Council pass the following motion: "The Town Council moves to approve Ordinance No. 3, Series of 2009, on first reading- Should the Town Council choose to approve Ordinance No. 3, Series of 2009, the Community Development recommends the Town Council make the following findings: "(1) That Ordinance No. 3, Series of 2009 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 (2) That Ordinance No. 3, Series of 2009 furthers the general and specific purposes of the zoning regulations; and 3 (3) That Ordinance No. 3, Series of 2009 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. " VI, ATTACHMENTS A. Ordinance No. 3, Series of 2009 I I I 4 1 ORDINANCE NO. 3 Series of 2009 AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE FOR PRESCRIBED REGULATION AMENDMENTS, PURSUANT TO SECTION 12 -3 -7, AMENDMENT, VAIL TOWN CODE, TO SECTION 12 -61 -8, PARKING AND LOADING, VAIL TOWN CODE, TO CLARIFY THE PARKING REQUIREMENTS IN THE HOUSING (H) DISTRICT, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, The Town of Vail has initiated prescribed regulation amendments to Section 12 -61 -8, Parking and Loading of Title 12, Zoning Regulations, Vail Town Code; and WHEREAS, prescribed regulation amendments to Title 12, Zoning Regulations, Vail Town Code j are permitted pursuant to Section 12- 3 -7C.2, Vail Town Code; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on February 9, 2009 to forward a recommendation to the Vail Town Council for Ordinance No. 3, Series of 2009. No formal recommendation was forwarded, due to the motion resulting in a tie vote; and WHEREAS, the current regulations do not provide quantifiable, enforceable regulations and the current regulations have lead to confusion and unpredictability in the review process, which is not the intent of the zoning regulations; and WHEREAS, the purpose of the proposed amendments is to establish predictable, quantifiable, enforceable policy that removes the discretionary review and creates a predictable process to eliminate arbitrary interpretation, confusion and delay in the review process; and WHEREAS, the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the proposed amendments further the general and specific purposes of the zoning regulations; and WHEREAS, the proposed 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; and 5 I WHEREAS, the Vail Town Council finds it in the interest of the public health, safety, and welfare I to adopt the amendments to Title 12, Zoning Regulations, Vail Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section L Text Additions and Deletions The Vail Town Council hereby approves the Vail Town Code amendments, as illustrated by tent additions stated in bold italics and deletions in strikes Section ll. Article 12 -61, Housing (H)District shall be amended to read as follows: 12 -61 -8, Parking and Loading Off s treet paFki g s hall he pFe ided in _ aGco r rdamroe with Gha 10 of thi title No paFkiRg Of leading area shall be IgGated withi. red setbark area. At the diSGF8tien of the in GhapteF 10 Gf this title may be approved duFiR9 the Feview of a de elepment plaR subject t based on a dernonstFated need f9F feweF paFking spaGes than Ghapter 10 of this title would requiFe—.FoF example, a demonstrated need fGF a FedUGtiOR i R the requiFed parking GOuld ♦ , i pub G ti ansit " F shuttle Ting the number of rare for each Un aFshare programs, shuttle sere +se, eF staggered we Fk shifts. Off street parking and loading shall be provided in accordance with Chapter 10 of this title. No parking or loading area shall be located within any required front setback area in compliance with 12 -61 -5 Setbacks. The applicant may pursue a parking reduction from the Chapter 10 requirements under Section 12- 10-20, Special Review Provisions or the following Section 12- 61 -8A, Parking Reduction. Sections 12- 10 -12, Credit for Multiple Use Parking Facilities, 12- 10 -20, Special Review Provisions and 12- 61 -8A, Parking Reduction shall not be applied together. A. Parking Reduction A twenty -five percent (25 %) reduction in the total number of required parking spaces shall be applied to development or redevelopment that meets the standards set forth in Section 12- 61 -8A1, Applicability and 12- 61 -8A2, Development Criteria; and Section 12- 61 -8A3, Recording. 1. Applicability The twenty -five percent (25%) reduction in the total number of required parking spaces applies to permitted uses in the Housing (H) District, and sites with density of 20 dwelling units or more per acre of buildable site area. 6 2. Development Criteria a. Proximity to Public Transportation: Development is located within 380 feet (0.16 mile) of a public bus stop or public transit center, as measured along a pedestrian connection from the primary entrance of the building located farthest from the public bus stop or public transit center; and b. Proximity to Commercial Job Core: Development is located within 2,500 feet (0.47 mile) of one of the following Commercial Job Cores, as measured along the pedestrian connection from the primary entrance of the building located Commercial Job Core. For the purpose of this section the farthest from the Comme p p Commercial Job Cores shall be defined as: 1. Vail Village, as designated by the Vail Village Master Plan, Action Plan Map 2. Lionshead, as designated by the Lionshead Redevelopment Master Plan, Map A Study Area 3. West Vail, which includes all properties zoned Commercial Core 3 (CC3) District on the Town of Vail Official Zoning Map; and c. Bicycle Parking: Covered bicycle parking shall be provided on site, equal to ten percent (10%) of the required off-street parking space requirement, prior to the reduction. After the first 50 bicycle parking spaces are provided, the required number of additional bicycle parking spaces is five percent (5%) of the required off - street parking space requirement, prior to the reduction. 3. Recording The applicant shall include a statement within the recorded employee housing unit deed restriction for the property that acknowledges the approval of the parking reduction under Section 12- 61 -8A, Parking Reduction. Section IV. 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 V . 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 VI . 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 7 t 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 V11 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 17th day of March, 2009 and a public hearing for second reading of this Ordinance set for the 7 day of April, 2009, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard Cleveland, Mayor ATTEST: i Lorelei Donaldson, Town Clerk i I I 8 3 i I i Memo I To: Vail Town Council From: Vail Local Marketing District Advisory Council Date: 03/17/09 Re: Vail Local Marketing District Supplemental Budget Request The Vail Local Marketing District Advisory Council (VLMDAC) recommends that the Vail Town Council approve: i 1) A supplemental budget appropriation request of $104,000 for summer marketing utilizing the total collections from 2008 and 2) A re- appropriation of $268,882 of funds earmarked for winter marketing to pay those expenses that will be incurred in 2009 and 3) A reallocation of approved funds to better address the current economic climate to drive more heads in beds this summer. There is no effect to 2009 budgeted dollars, rather a shift in priorities. Although the VLMDAC is also recommending a reduction in budgeted revenue by $110,000, the fund balance is at a healthy 32% even after the recommended appropriations and reallocations. 1) Supplemental budget appropriation request of $104,000 i i $30,000 - Group Sales (total budget of $347,000) TOV Budget Code 6303 Funds are requested to reinforce the message that Vail is open for business with an increased effort to bring participatory events, weddings, reunions and small meetings to Vail which will benefit the entire lodging community. The recommended budget reallocation represents a shift to direct sales away from traditional print advertising and tradeshow attendance, as well as alleviating the total expense for direct sales to the Vail lodging community during these tough economic times. $74,000 — Opportunity Fund TOV Budget Code 6321 Build an opportunity fund that would enable the VLMD to address changing market conditions, slow booking periods, or other unexpected opportunities with new advertising or marketing programs to target the Front Range and drive additional business. L 2) Winter Marketing Funds All the following funds have been approved and spent for the winter marketing effort to bring guests to Vail during the 2008109 ski season. These funds are to pay for those winter expenses which occur in 2009 and are highlighted in yellow on the proposed budget worksheet. Original Winter Marketing Budget: $ 550,000 Funds spent in 2008: 281,118 To tal Winter Marketing Funds to be paid out in 2009: $ 268,882 Program Details Phase I of the Vail All The Love campaign began in late November with a Ski Free, Stay Free offer of buy 2 nights get the 3` night free that was good through December 20 targeting non -pass holders in the Front Range and in Destination markets with emails, banners and paid search, as well as an American Airlines promotion in Dallas, Chicago, L.A. and New York. Phase II launched on December 1 with a Vail All The Love website offering specials from 50 lodges and 60 merchants on a dedicated website. The participation by the community in this program is unprecedented. This message was delivered with direct mail to pass- holders and previous loyal customers primarily in the Front Range with a card that would be presented in order to obtain the specials. There were also emails, banners and paid search as well as partnerships with Front Range radio stations and newspapers. In addition, there was a dedicated PR effort in the Front Range, as well as stickers for all participating merchants, buttons for Community Hosts and lip balms for guests exiting the parking structure. Results to Date Front Range market share is clearly growing already at this half way stage of the season. Vail has a disproportionate share of Epic Pass usage, compared to other Vail Resorts destinations. Preliminary ! market share data suggests a growth from 10% to 17% of Front Range share of market. There have been 1,500+ incremental room nights booked that can be tracked through existing mechanisms, not accounting for room nights that were booked directly with a property. Click throughs to Vail Mountain revenue streams are strong. Merchant anecdotal stories vary — those who promoted their participation d seem to benefit more. Press, web traffic and buzz have all been strong. Net promoter scores for Vail Mountain are up. Not accounted for are positive image, increased awareness and related measures. In + addition, Vail sales tax is performing better than the other 12 resorts measured and reported by the w, Colorado Association of Ski Towns. Finally, Vail lodging occupancy ranks either first or second among all resorts measured by MTRiP. 3) Reallocation of Existing Funds - $0 effect to 2009 Budget The VLMDAC recommends a reallocation of the existing budget to consolidate and direct funds to work effectively with today's economic realities for immediate and impactful efforts to increase heads in beds by making the following shifts in priorities, based on previous VLMD direction. $220,000 Branding — a reallocation of funds from Asset Marketing and Strategic Alliances TOV Budget Code 6320 VLMDAC is recommending a reallocation of funds from Asset Marketing and Strategic Alliances to continue to grow long -term and short-term sales for Vail during 2009, as well as align more closely with the new winter campaign to create a seamless brand for the Vail customer. All Brand marketing will have a compelling call- to-action and offer to drive heads in beds. This will create alignment with short-term and long -term efforts creating a solid brand platform, as was directed by the VLMD in previous discussions. A similar targeted approach will be taken as in Vail All The Love with loyal past guests receiving a card to use to redeem special offers from lodges and merchants to continue this successful strategy, while launching the new brand simultaneously. Also, a "tool box" of all assets will be made available to all Vail businesses for use in their own marketing efforts. $(83,346) — Partnerships /Strategic Alliance (total budget reduced to $72,575) TOV Budget Code 6301.09 $(51,454) — Strategic Alliance Fees and Travel (total budget reduced to $50,000) TOV Budget Code 7016 VLMDAC recommends a reduction of funds in Strategic Alliance efforts for 2009 given the economic climate which is not as conducive to soliciting partnerships as when originally budgeted in 2008. The remaining amount will still allow for seed funding for this effort while setting the stage for this as a long- term strategy. The reallocation of funds is recommended to the Brand line item to continue to grow long -term and short-term sales for the Vail brand during 2009, as well as align more closely with the new winter campaign to create a seamless brand for the Vail customer. All Brand marketing will have a compelling call -to- action and offer to drive heads in beds. $(73,150) —Asset Marketing (total budget reduced to $9,800) TOV Budget Code 6318 $(27,050) — Asset Marketing Fees (total budget reduced to $0) TOV Budget Code 7017 VLMDAC is recommending reallocating the dollars originally budgeted for a collateral piece and on- the - street entertainment to the Brand line item to continue to grow long -term and short -term sales for the Vail brand during 2009, as well as align more closely with the new winter campaign to create a seamless brand for the Vail customer. All Brand marketing will have a compelling call -to- action and offer to drive heads in beds. $15,000 Transition from HL2 to Genesis TOV Budget Codes 7003, 7004, 7010, 6306, 6314 The VLMD approved the contract with Genesis as the new advertising agency of record for the VLMD on December 16, 2008. As a result of the transition, several line item changes occurred which are reflected in the updated 2009 budget. Vail Local Marketing District 2009 Budget 2008 2008 FavI(Unfav) 2009 2009 Budget Unaudited v s. Budget Budget Supplemental Proposed Income 310 • Lodging Tax 2,075,000 2,179,300 104,300 2,075,000 (110,000) 1.965,000 313 • Other Income 550,000 579,926 29,926 - 399 • Interest Income 6,500 8,877 2, 6,025 6.025 Total Income 2,631,500 2,768.103 136,603 2,081,025 1,971.025 Expense 6301 • Destination 6301.01 • Advertising 285,000 256,124 28,876 158,000 158,000 6301.09 - Partnerships I Strategic Alliance 155,921 (83.346) 72.575 6301.20 • Advertising - Winter 150,000 - 1 121,201 121,201 Total 6301 - Destination 435.000 256,124 177876 313,921 37,855 351,776 6302 • Front Range 6302.06 - Advertising 6302.20 - Front Range Media S Search 162,500 162,500 6302.21 • Front Range Creative 36A00 36,000 6302.06 - Advertising Total 269,500 290,620 (21 ,120) 198.500 - 198,500 6302.07 • Promotions 6302.30 • Front Range Creative 28,000 28,000 6302.31 • Front Range - Acq L Fulfiilmt 120 000 120,000 6302.07 • Promotions Total 240,000 240,000 - 148,000 - 148,000 6302.18 • Advertising - Winter 200,000 102,379 97,621 97,621 97,621 Total 6302 • Front Range 709,500 632,999 76,501 346,500 97,621 444.121 6303 • Groups and Meetings 6303.01 • Print Advertising 85,940 96,416 (10,476) 80;000 (20,335) 59,665 6303.03 • Marketing Semites 54,500 53,895 605 75,000 (5,000) 70,000 6303.04 • TravelfTradeshows 101,500 101,769 (269) 105,000 (23,500) 81,500 6303.05 • Memberships 5,000 4,647 353 5,000 (2,000) 3,000 6303.11 • Familiarization Trips 42,500 41,673 827 25,000 25,000 6303.15 • Public Relations 15,000 15,000 - 15,000 (5,000) 10,000 6303.17 • Direct Sales 12,000 12,000 12,000 65,835 97,835 Total 6303 - Groups and Meetings 316,440 325.400 (8,960) 317.000 30,000 347,000 6304 - Public Relations Expenses 170,000 172,540 (2,540) 124,500 124,500 6305 - Fulfillment 4,DD0 3,026 974 3,000 3,000 6306 • Photography 55,000 55,186 (188) 50.000 13,000 63.000 6307 Research 19,500 19,500 43,500 43,500 6310 - Admin Miscellaneous 10,000 7,652 2,348 10.000 10,000 6311 • Database Mgmt & Direct Mail 6,000 6,000 - 6311.01 • Database & Direct Mail Winter 150,000 178,799 (28,799) 6314 - Collateral 9,000 9,000 9,000 (9,000) - 6315 • Web & Email Marketing 75,000 49,992 25,008 25.000 25,000 6316 • Events 153,000 153,000 - 6316.01 - Events - Winter 50,000 - 50,000 50,000 50,000 6318 • Asset Marketing 148,000 148,000 - 82,950 (73,150) 9,800 6320 • Branding 220,000 220,000 6321 • Opportunity Fund 74,000 74,000 6400 • Contingency 18,682 - 18,682 7,500 7,500 7000 - Professional Fees - - 7001 • Legal and Accounting 18,000 23,524 (5,524) 20,000 20,000 7003 - Advertising Agent Fees 62.D00 71,913 (9,913) 42.000 41.000 83,000 7004 • Media Agency Fees 20,000 40,000 (20,000) 20,000 (20.000) 7007 - Marketing Coordination- VVPITOV 125,000 125,000 - 125,000 125.000 7008 - PR - Professional Fees 103,500 103,500 - 100,000 100,000 7009 • Web Site 95,000 64,031 10,969 100,000 100.000 7010 - Strategic Advisory Fess 115.818 135,393 (19,575) 35.000 (10,000) 25.000 7011 • Partnership Fees - 7015 • Ft Range Promotion Fees 50,625 50,625 7016 • Strategic Alliance Fees & Try[ 101.454 (51,454) 50,000 7017 Asset Marketing 27.050 (27,050) Total 7011 • Partnership Fees 120,678 120,678 - 179,129 (78,504) 100.625 7012 • Air Service 20.000 10.000 10,000 - - 7013 • Concierge Program 23,000 23,000 - 48,000 48,000 Total 7000 - Professional Fees 702.996 737,040 ( 669,129 (67,504) 601,625 Total Expense 3.032.118 2,748, 283,858 2,002,000 372.822 2,374.8 Net Income (400,618) 19,843 420,461 79,025 (403,797) Beginning Fund Balance 1,006,744 1 006,744 602,276 1,026,587 Ending Fund Balance 606,126 1.026.587 308,479 622,790 %age Fund Balance (25% required) 23% 37% 15% 32% Subtotal: Winter Carryover 268,622 Subtotal: Supplemental 104,000 RESOLUTION NO. 7, SERIES 2009 VAIL LOCAL MARKETING DISTRICT A RESOLUTION ADOPTING AN AMENDED BUDGET AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES AND LIABILITIES OF THE VAIL LOCAL MARKETING DISTRICT, FOR ITS FISCAL YEAR JANUARY 1, 2009 THROUGH DECEMBER 31, 2009. WHEREAS, contingencies have arisen during the fiscal year 2009 which could not have been reasonably foreseen or anticipated by the Vail Local Marketing District Board at the time it enacted Resolution No. 17, Series 2008, adopting the 2009 Budget for the Vail Local Marketing District of Vail, Colorado; and WHEREAS, in accordance with CRS section 29 -1106 a notice of budget hearing has been published; and WHEREAS, notice of this public hearing to consider the adoption of the proposed amended Vail Local Marketing district budget was published in the VAIL DAILY on the 9th day of March, 2009; and NOW THEREFORE, LET IT BE RESOLVED by the Vail Local Marketing District of Vail, Colorado, as follows: The Vail Local Marketing District Board adopts the amended budget and appropriates an additional $104,000 for marketing related expenditures beginning on the first day of January, 2009, and ending on the 31" day of December, 2009. Attested: Signed: I Mark Gordon, Secretary Dick Cleveland, Chairman RESOLUTION NO.8 Series 2009 A RESOLUTION APPROVING AN AMENDMENT TO THE CORE SITE EMPLOYEE HOUSING AGREEMENT BETWEEN THE TOWN OF VAIL AND THE VAIL CORPORATION; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; and WHEREAS, on December 11, 2007, the Council passed Resolution No, 29, Series 2007 authorizing the Town to enter into a Core Site Employee Housing Agreement "Agreement") the ( with the Vail Corporation d /b /a Vail Associates, Inc. ( "VR ") regarding VR's employee housing obligations required in connection with VR's development of the Arrabelle project (the "Core Site Housing Requirements "); and WHEREAS, the Town and VR have mutually determined that the development site owned by VR and commonly known as the "North Day Lot" will constitute an acceptable site for developing a project to comply with the Core Site Housing Requirements, and VR presently intends to proceed with the development for that purpose on the North Day Lot (the "North Day Project "); and WHEREAS, the Town has given requisite development approvals for the North Day Project by actions of the Town's Planning and Environmental Commissions on February 4, 2009 (with modified conditions adopted by Council on March 3, 2009), and of the Town's Design Review Board on February 18, 2009; and WHEREAS, the Agreement establishes a date for which a building permit must be obtained and construction must commence for the North Day Project (the "Construction Commencement Date "); and WHEREAS, the Town and VR have mutually agreed to amend the Agreement as it relates to the Construction Commencement Date. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF i VAIL, COLORADO, THAT: 1. The Council hereby approves the Amendment to the Core Site Employee Housing Agreement, a copy of which is attached hereto as Exhibit A , and made a part hereof by this reference, and authorizes the Town Manager to execute the Agreement on behalf of the Town. 2. This Resolution shall be effective immediately upon adoption. INTRODUCED, READ, APPROVED AND ADOPTED this 17' day of March, 2009. ATTEST: Dick Cleveland, Town Mayor Lorelei Donaldson, Town Clerk Resolution No 8, Series 2009 AMENDMENT TO CORE SITE EMPLOYEE HOUSING AGREEMENT THIS AMENDMENT TO CORE SITE EMPLOYEE HOUSING AGREEMENT (this "Amendment ") is made as of the day of , 2009, by and between the TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado (the "Town "), and THE VAIL CORPORATION d/b /a VAIL ASSOCIATES, INC., a Colorado corporation ( "VaiI Associates "). The Town and Vail Associates are sometimes referred to hereinafter together and in the singular as the "Party(ies)." Recitals: A. The Town and Vail Associates are the parties to that certain Core Site Employee Housing Agreement dated as of December 18, 2007 (the "Employee Housing Agreement "). Initially capitalized terms used but not defined in or by other reference under this Amendment shall have the meanings given them under the Employee Housing Agreement, and references herein to paragraph numbers are to those in the Employee Housing Agreement. B. The Parties have mutually determined that the development site owned by Vail Associates and commonly known as the "North Day Lot" will constitute an acceptable site for developing the employee housing units requisite to satisfying the Core Employee Housing Requirements (i.e., the "North Day Lot and/or Alternative Project" under the Employee Housing Agreement), and Vail Associates presently intends to proceed with development for that purpose on the North Day Lot (the "North Day Project "). The Town has given requisite development approvals for the North Day Project by actions of the Town's Planning and Environmental Commission on February 4, 2009 (with modified conditions adopted by Town Council on March 3, 2009), and of the Town's Design Review Board on February 18, 2009 (collectively the "North Day Project Approvals "). C. The Employee Housing Agreement establishes a "Development Review Approval Date" and "Construction Commencement Date" for, respectively, the required obtainment of development approvals and commencement of construction of the North Day Lot and/or Alternative Project, which again is presently intended by Vail Associates to be constituted by the North Day Project (together the "Timing Requirements "). Certain obligations of Vail Associates under the Employee Housing Agreement are secured by a letter of credit in favor of the Town in the amount of $17,345,784 (the "Employee Housing Letter of Credit "). I D. The Parties have mutually reached certain further agreements regarding the Timing Requirements. NOW, THEREFORE, in consideration of the above premises, and the mutual covenants and agreements set forth herein, the Town and Vail Associates covenant and agree as follows: 1. Status of Timing Requirements The Construction Commencement Date as stated in paragraph 7 of the Employee Housing Agreement will be extended from May 1, 2009, to May 1, 2010. 2. No Default The Town acknowledges and agrees that Vail Associates is presently in compliance with the Employee Housing Agreement, and that as of the date of this Agreement, there are no outstanding grounds for the Town to draw upon the Employee Housing Letter of Credit. 3. Effect This Amendment constitutes an amendment and modification of the Employee Housing Agreement. Subject to the express modifications herein, the Employee Housing Agreement shall remain in full force and effect in accordance with its stated provisions. In the event of any conflict between the terms of this Amendment and the terms of the Employee Housing Agreement, the terms of this Amendment will be controlling. The terns of this Amendment shall be interpreted and given force and effect in accordance with the non- conflicting provisions of the Employee Housing Agreement, which shall be applied to the terms of this Amendment as if those terms were a part of the Employee Housing Agreement in the first instance. This Amendment shall not be recorded except at the election of Vail Associates. 4. Counterparts This Amendment may be executed in counterparts, each of which shall constitute an original, and which together shall constitute one and the same agreement. IN WITNESS WHEREOF, Vail Associates and the Town have made this Amendment to Core Site Employee Housing Agreement as of the day, month and year first above written. TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado By :. Stanley B. Zemler, Town Manager ATTEST: Lorelei Donaldson, Town Clerk THE VAIL CORPORATION, d/b /a VAIL ASSOCIATES, INC., a Colorado corporation By: Keith Fernandez, President and COO -VRDC i w 2 3111/2009 C: IDOCUMENTSAND SETTiNGSVMMIREIDESKTOPURRABELLE CORE SITE HOUSING AMENDMENT DOC CORE SITE EMPLOYEE HOUSING AGREEMENT THIS CORE SITE EMPLOYEE HOUSING AGREEMENT ( "Agreement") is made as of the 18th day of December, 2007, by and between the TOWN OF VAIL, a municipal corporation duly organized and existing under and by the Vail Town Charter (the "Town'), and THE VAIL CORPORATION d/b /a VAIL ASSOCIATES, INC., a Colorado corporation ( "Vail Associates "). Recitals: A. Vail Associates, the Town and the Vail Reinvestment Authority (the "Authority "), entered into the Core Site Development Agreement, dated as of November 8, 2004. Initially capitalized terms used but not defined herein shall have the meanings given them under the Core Site Development Agreement. B. All obligations of the Authority and obligations owed to the Authority have been satisfied and the Authority is not a necessary party to this Agreement (as confirmed by the Authority by its execution at the end hereof). C. Paragraph 12 of the Core Site Development Agreement obligated Vail Associates to provide replacement employee housing for the Sunbird Lodge and incremental employee housing for additional development in the Lionshead area of the Town of Vail. The obligation for employee housing is referred to in the Core Site Development Agreement as the "Core Employee Ilousing Requirements." D. The Core Employee Housing Requirements have been determined to be equivalent to 120 employee housing beds (and the foregoing will be part of the parties' agreement hereunder). E. Paragraph 12 of the Core Site Development provides that provision of the Core Employee Housing Requirements shall be a condition to the issuance of any certificate of occupancy for the Core Site Project (now known as "Arrabelle Project "), and that Vail Associates could provide the employee housing on an interim basis for a period of five years. F. The Arrabelle Project is nearing completion and Vail Associates anticipates applying for a temporary certificate of occupancy in the near future. G. The parties differ on the interpretation. of Paragraph 12 of the Core Site Development Agreement and on whether Vail Associates is in compliance with the terms of Paragraph 12. H. In order to resolve the differences between the pasties and to avoid litigation, the parties now enter into this Agreement to insure that Vail Associates satisfies the Core Employee Housing Requirements in a timely manner and that necessary certificates of occupancy are issued for the Arrabelle Project. '... Agreement: NOW, THEREFORE in consideration of the foregoing premises and the mutual agreements set forth herein, the parties covenant and agree as follows. 1. Vail Associates shall post an irrevocable letter of credit in the amount of 517,345,789 (the "Letter of Credit'), in a form satisfactory to the Town, with Land Title Guarantee Company to secure the Core Employee Housing Requirements. 2. The amount of the Letter of Credit shall be adjusted on April 1, 2008, and each April 1 thereafter, to an amount consistent with the rates set by the Town Council by resolution for payment of fees in lieu as required by Section I2 -23 -6 and Section 12 -24.6, Vail Town Code (Chapters 12 -23 and 12 -24 of the Vail Town Code being referred to hereinafter as the "New Housing Ordinances "). 3. Upon posting of the Letter of Credit, the Core Employee Housing Requirements shall no longer act as a condition to the issuance of any certificate of occupancy for the Arrabelle Project. 4. Vail Associates shall use its best efforts to submit or cause to be submitted to the Town, by February 25, 2008, a complete development review application for a project or projects in the Town of Vail, which proposals shall include not less than 120 newly constructed employee housing beds to comply with the Core Employee Housing Requirements (provided the ~"' Town may not require more than 120 beds in the aggregate in relation to the Arrabelle Project), but may be part of larger mixed use development(s) on the North Day Lot and/or alternative location(s) in the Lionshead Master Plan Area or other location approved by the Town (collectively the "North Day Lot and/or Alternative Project"), The Town acknowledges and agrees that the North Day Lot and/or Alternative Project may invol direct or indirect ownership interests in favor of Vail Associates (or its affiliates) and/or third parties. The Town shall consider and process the review of such application promptly and in good faith, subject to the application being in compliance with the Vail Town Code, and by reasonable application of the Town's adopted development review requirements that are applicable to the particular site(s) (the "Review Standards "). 5. Vail Associates may amend or alter any North Day Lot and/or Alternative Project development application, or withdraw any such application from consideration by the Town and submit a new application, subject to its obligations in Section 6. 6. Vail Associates and/or any third party developers shall obtain approval of the development review application for the North Day Lot and/or Altemative Project an or before November 5, 2008 (the "Development Review Approval Date," subject to extension as provided in Paragraph , and the Town shall work in good faith to provide any approvals by such p h 13 herein date for a timely filed appiication, all in accordance with the Review Standards. 7. Vail Associates and/or such other third party developer shall obtain a building .� permit for the construction of the North Day Lot axf/or Alternative Project and shall commence construction of a North Day Lot and/or Alternative Project no later than May 1, 2009 (the "Construction Commencement Date, subject to extension as provided in Paragraph 13 herein), 2 and shall actively prosecute construction of the North Day Lot and/or Alternative Project to completion pursuant to a building permit or permits for the construction of the North Day Lot and/or Alternative Project. Upon issuance of a temporary certificate of occupancy for the North Day Lot and /or Alternative Project, the Letter of Credit shall be promptly returned to Vail Associates and Vail Associates shall be deemed to have satisfied the Core Employee Housing Requirements. 8. Any employee housing units provided pursuant to this Agreement shall be permanently restricted by provisions incorporated into the deed or other instrument. Such provisions shall be in accordance with Town Code and the deed, as restricted, or other instrument shall be recorded in the records of the Clerk and Recorder of Eagle County. 9. Breach by Vail Associates A "breach" or default" by Vail Associates under this Agreemen t shall be defined as: ( ) i the failure of Vail Associates no later than the Development Review Approval Date to obtain from the Town a complete development review approval for the North Day Lot and/or Alternative Project; (ii) the failure of Vail Associates, by no later than the Development Review Approval Date, to obtain from the Colorado Department of Transportation (CDOT), if necessary, all approvals by CDOT for the North Day Lot and/or Alternative Project; (iii) the failure of Vail Associates to obtain a building permit for the construction of the North Day Lot and /or Alternative Project and to commence construction of the North Day Lot and/or or Alternative Project on or before the Construction Commencement bate, or (iv) any failure by Vail Associates to actively pursue construction of the North Day Lot and/or Alternative Project pursuant to a building permit for the construction of the North Day Lot and/or Alternative Project once construction has commenced. 10. Breach b e Town. A "breach" or "default" by the Town under this Agreement shall he defined as follows: (i) failure by the Town to timely, diligently and in good faith consider and process the development review application for the North Day Lot and/or Alternative Project in accordance with the Review Standards, or (ii) failure of the Town to issue building permits or other requisite approvals for construction if proper application is made therefor under Town Code based on construction documents that conform to the approved development plan. 13. Mandator Mediation. In the event a Notice of Breach is given by either party, the parties shall retain the services of a mediator, acceptable to both parties, within 15 days of the receipt of the Notice of Breach. In the event the parties are unable to agree on a mediator within 15 days, the parties may exercise any remedy provided herein and no mediation will be required_ In the event the parties agree on a mediator, the parties shall engage in mediation for a period not to exceed sixty (60) days from the date of retention of a mediator. Neither party may exercise its Remedy provided for in Paragraphs 12 and 13 below until the completion of the period for mediation. Either party may also cure any default during the mediation period. 12. Remedies for Breach by Vail Associates. The sole and exclusive remedy of the Town for a breach or default by Vail Associates shall be to draw on the Letter of Credit. Any proceeds that the Town may retain shall be applied solely to the Town's procurement in good 1%dW faith of employee housing units in accordance with Town Code and to the end of furnishing the requisite 120 beds. 3 +• 13. Remedies for Breach by the To . The sole and exclusive remedy of Vail Associates for breach by the Town shall be, (i) for a breach occurring prior to the Development Review Approval Date, an extension of the Development Review Approval Date and the Construction Commencement Date by six (6) months, but not to be sooner than six (6) months after the date upon which the breach by the To-An ceases; (ii) for a breach occurring after the Development Review Approval Date but before the Construction Commencement Date, an extension of the Construction Conunencement Date for a period of six (6) months, but not to be sooner than six (6) months after the date upon which the breach by the Town ceases. 14. Tolling of Construction Commencement Date- In the event of any third -party appeal or litigation challenging any development review approval hereunder, the parties will consult regarding the tolling of the Construction Commencement Date. In the event an injunction is granted enjoining construction, the Construction Commencement Date will be tolled and further extended until the injunction is lifted. If the development review approval is not so affirmed, the parties will mutually determine in good faith a new schedule for re- processing the development review approval in accordance with the other terms of this Agreement, with the Development Review Approval Date and the Construction Commencement Date to be extended accordingly. 15. Notices Any notice required or permitted under the terms of this Agreement shall be in writing, may be given by the parties hereto or such parties' respective legal counsel, and shall be deemed given and received (i) when hand delivered to the intended recipient, by whatever means; (ii) three (3) business days after the same is deposited in the United States mails, with adequate postage prepaid, and sent by registered or certified mail, with return receipt requested; (iii) one (1) business day after the same is deposited with an overnight courier service of national or international reputation having a delivery area encompassing the address of the intended recipient, with the delivery charges prepaid; or (iv) when received via facsimile on the intended recipient's facsimile facilities accessed by the applicable telephone number set forth below (provided such facsimile delivery and receipt is confirmed on the facsimile facilities of the noticing party). Any notice under clause (i), (ii) or (iii) above shall be delivered or mailed, as the case may be, to the appropriate address set forth below. If to Vail Associates: Vail Corporation c/o Vail Resorts Development Company post Office Box 959 137 Benchmark Road Avon, Colorado 81620 Attention: Keith Fernandez, President Fax No,: (970) 845 -2555 Phone: (970) 845 -2359 4 If to the Town or the Authority: Town of Vail Stanley Zemler, Town Manager 75 South Frontage Road Vail, Colorado 81657 Phone: (970) 479 -2105 Fax No.: (970) 479 -2452 Any party may change its addresses and/or fax numbers for notices pursuant to a written notice which is given in accordance with the terms hereof. 16. Attorneys' Fees In the event any legal proceeding arises out of this Agreement and is prosecuted to final judgment, the prevailing party shall be entitled to recover from the other party all of the prevailing party's costs and expenses incurred in connection therewith, including reasonable attorneys' fees (and any presiding court will be bound to make this award). 17. Waiver No failure by either party hereto to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement, or to exercise any right or remedy consequent upon a breach of this Agreement, will constitute a waiver of any such breach or of such or any other covenant, agreement, term or condition. Either party by giving notice to the other party may, but will not be required to, waive any of its rights or any conditions to any of its obligations hereunder. No waiver will affect or alter the remainder of this Agreement, but each NOW and every other covenant, agreement, term and condition of this Agreement will continue in full force and effect with respect to any other then existing or subsequent breach. 18. AvOicable Law. The laws of the State of Colorado will govern the interpretation and enforcement of this Agreement. 19. Binding Effect. This Agreement will be bidding on and inure to the benefit of the parties hereto, and their successors and assigns. 20. Time of Essence Time is of the essence of this Agreement. The parties will make every reasonable effort to expedite the subject matters hereof and acknowledge that the successful performance of this Agreement requires their continued cooperation. 21. Counterparts This Agreement may be executed in counterparts, each of which Will be an original and all of which will constitute one and the same instrument. 22. Jointly Drafted Rules of Construction The parties hereto agree that this Agreement was jointly drafted, and, therefore waive the application of any law, regulation, holding, or rule of construction providing that ambiguities in an agreement or other document will be construed against the party drafting such agreement or document. 23. Entire Agreement This Agreement represents the entire agreement between the parties hereto with respect to the subject matter hereof, and all prior or extrinsic agreements, ~` undertakings or negotiations shall be deemed merged herein, superseded hereby, and of no force 5 '�- IN WITNESS WHEREOF, Vail Associates, the Town and the Authority have made this Agreement as of the day, month and year first above written. VAIL REI'.riVESTMENT AUTHORITY B � kol Name: Title: r Jr G r STATE OF COLORADO j SS: COUNTY OF f ) The foregoing instn:ment was acknowledged before me this ' � -ftday of 2007, by !SkGn Za y^ 1 c 1- as 'R e of Vail Reinvestment Authority. Witness my hand and official seal. My commission expires: 02 I �' +sttluatlrtr�.t L �' g p 1.. . Q• '.��' No ~%. Q [Signature blacks continue on following pagel ST A'� � V 0 I • I TO\k N OF VAIL By: an Name: �#+aG rs �ers /te -- Title. ATTEST: orel Donaldson, Town Clerk STATE OF COLORADO } ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me thisa'k:3-' day of - - 2007, by �r,..ld r _ as Tom+ of the Town of Vail. Witness my band and official seal. My conunissiocrsQ, �ires: =ala i otary 3L .�;-: " blocks continue on following page] r �., THE VAIL CORPORATION', d/b /a VAIL ASSOCIATES, INC., a Colorado corporation By: Z�� Keith Fernandez, President and COO -VRDC STATE OF COLORADO ) ss: COUNTY OF CyG } The foregoing instrument was acknowledged before me this !14 day of y tjl 2007, by Keith Fernandez, President and COO -VR.DC of The Vail Corporation, d/b /a Vail Associates, Inc., a Colorado corporation. Witness my hand and official seal. My commission expires: — t I 16 F Notary Public w `' Approved as W FOlIa: Va s LRa partpY! BV: N.mt DI ANE !AURIELLO Date: ��)�•+ OVAIRL TOWN TO: Town Council Town Manager FROM: Stan Zemler RE: Lionshead Parking Structure Agreement DATE: March 17, 2009 Background On October 1F, 2007, the Town of Vail (the "Town ") and Open Hillwood Partnership Vail /One LLC ( "OHP ") entered into a Development Improvement Agreement (the "Agreement ") concerning the redevelopment of the Lionshead Parking Structure. Pursuant to the terms of the Agreement, the "Project Plan" was required to be submitted by OHP for consideration by the Town Council (the "Council ") by March 15, 2008. OHP requested and received an extension to September 15, 2008. The Project Plan was subsequently approved by the Council and the Agreement amended. The amendment to the Agreement approved in September of 2008 provides that, if the Deed Restriction Agreement has not been executed by March 17, 2009, the DIA shall immediately terminate, unless such target date is extended. If the Deed Restriction Agreement has not been executed by March 17, 2009, the Town and OHP may agree in writing to extend for up to three (3) consecutive periods of ninety (90) days each. OHP has submitted a request for extension until June 15, 2009 (see attachment). No documentation of progress regarding the removal of the deed restriction was included. Council action requested is to consider one of the following: 1. Approve a ninety (90) day extension to the Agreement. 2. Approve the extension with conditions. 3. Take no action resulting in the termination of the Agreement. Staff is increasingly concerned about the lack of documented progress toward the removal of the deed restriction, OHP's lack of progress in securing entitlements and the ongoing ability of the development to "tie up" Town property. Maintenance of the Lionshead structure has been deferred, while the expected start of this project has been delayed. The Town needs to consider moving forward with: concrete repair; heating system improvement; consideration of window replacement in the Annex; improvement to the information booth; installation of an elevator; additional bathrooms; heated stairs and 75 South Frontage Road • Vail, Colorado 81657 • 970 - 479 -2106 / FAX 970 -479 -2157 • www. vailgov. corn 40 RECrcien PAPER Americans with Disabilities Act ( "ADA ") compliance. The building does not meet the "standard" established and expected by our guests and residents. In addition, the Town is faced with making a decision about the utilization of the Tax Increment Financing (the "TIF ") funds in the Lionshead area. This structure is a candidate for utilization of these funds. Finally, the Town has issued a Request for Qualifications for the design of a transit facility at Lionshead Circle, one of the "ticking" clocks for both TIF and Federal dollars. A decision on this facility will be required in the next six (6) months. The Council should consider these issues as it moves forward. i Staff requests Council provide direction on which of the above stated options it whish to pursue. i i I 2 OPIN HOSPITALITY PARTNERS March 5, 2009 Stan Zemler, Town Manager Matt Mire, Town Attorney Town of Vail 75 South Frontage Road Vail, Colorado 81657 Re: Development Improvement Agreement Deadline Extension Dear Messrs. Zemler and Mire: This letter is being sent in accordance with the Development Improvement Agreement by and between the Town of Vail Colorado (the "Town "), and OHP Vail One, LLC ( "OHP "), dated as of October 16, 2007, as amended by the First Amendment to Development Improvement Agreement, by and between the Town and OHP, dated as of August 19, 2008 (together, the "Development Agreement "). Any capitalized terms used in this letter and not defined herein shall have the meaning ascribed to them in the Development Agreement. As you are aware, Section 3.08 of the Development Agreement provides that the Development Agreement shall terminate if the Deed Restriction Agreement has not been executed by March 17, 2009, "unless such target date is extended" pursuant to that Section. Section 3.08 further provides that OHP and the Town "may agree in writing to extend the target date for approval of the Project Plan by up to three (3) consecutive periods of ninety (90) days each." This letter is being delivered you in accordance with Section 3.08, and shall serve as the agreement in writing between the Town and OHP to extend such target date for one period of ninety (90) days, until June 15, 2009. Upon execution of this letter by both the Town and OHP, such date shall be extended to June 15, 2009, and the Development Improvement Agreement shall continue to be in full force and effect in accordance with its terms. 2525 McKinnon Street Suite 750 Dallas, TX 75201 214.750.0011 Fax 214.750.0060 i Deadline Extension March 5, 2009 Page two Sincerely yours, I Nil Masinter Pursuant to Section 3.08 of the Development Improvement Agreement, The Town and OHP hereby agree to extend the target date for the execution of the Deed Restriction Agreement to June 15, 2009, in accordance with such Section. OHP LLC: TOWN OF VAIL, COLORADO: By: By: Mark Masinter, Managing Member Stan Zemler, Town Manager Date: -- Date: I 2525 McKinnon Street Suite 750 Dallas, TX 75201 214.750.0011 Fax 214.750.0060 RESOLUTION NO. 13 Series of 2008 A RESOLUTION APPROVING THE FIRST AMENDMENT TO DEVELOPMENT IMPROVEMENT AGREEMENT BETWEEN THE TOWN AND OHP VAIL ONE LLC CONCERNING THE LIONSHEAD PARIQNG STRUCTURE; APPROVING THE "PROJECT PLAN" PURSUANT TO THE FIRST AMENDMENT TO THE DEVELOPMENT IMPROVEMENT AGREEMENT; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on October 16, 2007, the Town of Vail (the "Town ") and OHP Vail One LLC ( "Developer ") entered into a Development Improvement Agreement concerning the redevelopment of the Lionshead Parking Structure (the "Agreement "); WHEREAS, among other things, the Agreement establishes a process for the submission of a Project Plan by Developer; WHEREAS, Developer formally requested an extension of time under Section 3.08 of the Agreement to the permitted contract date of September 15, 2008 for consideration for review of the Project Plan; I WHEREAS, by letter dated June 5, 2008, the Town acknowledged that Developer had exercised its right to extend the deadline for review of the Project Plan to September 15, 2008; WHEREAS, in the same letter, the Town notified Developer that there were issues concerning Developer's compliance with deadlines contained in Sections 3.11 and 6.01 of the Agreement (relating to employee housing and the conference center); WHEREAS, on July 15, 2008, the Town Council directed Town staff to return with an amended approval process for the Project Plan submittal, including any amendments necessary to the Agreement; WHEREAS, in addition to establishing an amended approval process for the Project Plan, the Town and Developer wish to resolve the outstanding issues with Sections 3.11 and 6.01 of the Agreement; and WHEREAS, Section 16.01 of the Agreement permits amendment to the Agreement by mutual consent in writing of Developer and Town. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1 . The Town Council hereby approves the First Amendment to Development Improvement Agreement (the "First Amendment ") in the form attached hereto as Exhibit A and incorporated herein by this reference. The Town Manager is hereby authorized to execute the First Amendment on behalf of the Town. I Rmkrd c No. 13, Seri= 2008 1 Section 2 . Upon execution of the First Amendment by the Town Manager and Developer, the Project Plan presented to the Town Council by Developer on July 15, 2008, is hereby approved, subject to all applicable terms of the Agreement and the First Amendment. Section 3 . This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 19` day of August, 2008. Dick Clevefkia,fTown MayoIr L � 4 N O r re Donaldson, Town Clerk • SEA • i • • i Rewhodon No. 13, Series 2008 2 FIRST AMENDMENT TO DEVELOPMENT IMPROVEMENT AGREEMENT THIS FIRST AMENDMENT TO DEVELOPMENT IMPROVEMENT AGREEMENT (the " First Amendment ") is entered into by and between the TOWN OF VAIL, COLORADO, a Colorado home rule town, with offices at 75 South Frontage Road, Vail, Colorado 81657 (the " Town ") and OHP VAIL ONE, LLC, a limited liability company organized under the laws of the State of Delaware ( " Developer "), located at 2525 McKinnon Street, Suite 750, Dallas, Texas 75201, upon the terms and conditions set forth below. The Town and Developer may be referred to hereinafter collectively as the " Parties " and each individually as a " Party ." Recitals Capitalized terms used in this First Amendment and not otherwise defined herein have the meanings set forth in the Development Improvement Agreement by and between the Town and Developer, dated October 16, 2007 (the " Agreement "). This First Amendment is made with respect to the following facts: A. The Agreement sets forth the rights, obligations and method of participation of the Parties with respect to the development of the Project on the Site, including timeframes, deadlines and target dates for the completion of certain tasks. B. By letter dated April 14, 2008, Developer notified the Town that Developer was working to meet the target dates established in Section 3.08 of the Agreement with respect to the Project Plan, and formally requested an extension of time under Section 3.08 of the Agreement to the permitted contract date of September 15, 2008 for consideration for review of the Project Plan. C. By letter dated June 5, 2008, the Town acknowledged that Developer had exercised its right to extend the deadline for review of the Project Plan to September 15, 2008, and that Developer is working with Town staff to meet this deadline, and notified Developer that there were issues concerning Developer's compliance with deadlines contained in Sections 6.01 and 3.11 of the Agreement. D. On July 15, 2008, the Town Council voted to direct Town staff to return with an approval process for the Project Plan submittal, including any amendments necessary to the Agreement. E. The Parties intend for this First Amendment to respond to the Town Council's direction, and to reflect the Project Plan approval process for the benefit of both Parties. F. Section 16.01 of the Agreement permits amendment to the Agreement by mutual consent in writing of Developer and Town, and this First Amendment shall serve as such writing evidencing the mutual consent of the Parties. G. The Parties now desire to enter into this First Amendment to amend terms of the Agreement to reflect a mutually beneficial Project Plan approval process. H. By execution of this First Amendment, each of the Parties hereby deems the other to be in compliance with the terns of the Agreement as of the date hereof. 1 Agreement NOW, THEREFORE, in consideration of the covenants and agreements of the Parties as hereinafter set forth, and for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged by each Party hereto, the Parties agree as follows: Section 1 . Section 3.08 of the Agreement is hereby deleted in its entirety and replaced with the following: Section 3.08 Project Plan Developer shall present the Project Plan to the Town Council for review prior to September 15, 2008. Any requests for postponement of the consideration for review of the Project Plan shall be subject to the approval of the Town Council. The Town Council, on behalf of the Town as owner of the applicable Public Improvements and in its capacity as co- applicant in the entitlement process, shall review the Project Plan. If the Town Council has approved the Project Plan, but the Deed Restriction Agreement has not been executed by March 17, 2009, this Agreement shall immediately terminate, unless such target date is extended pursuant to this Section. If the Deed Restriction Agreement has not been executed by March 17, 2009, the Town and Developer may agree in writing to extend the target date for approval of the Project Plan by up to three (3) consecutive periods of ninety (90) days each. Upon favorable review of the Project Plan and execution of the Deed Restriction Agreement, Town Council shall authorize the Town Manager to sign an approval for the application to proceed with the Project entitlement process. S ection 2 . Section 3.11 of the Agreement is hereby deleted in its entirety and replaced with the following: Section 3.11 Employee Housing Developer shall comply with the applicable employee housing obligations of the Vail Town Code existing on the date of submission of application to proceed with the Project entitlement process. Section 3 . Sections 6.01(a) and 6.01(b) of the Agreement are hereby repealed in their entirety. It is Developer's responsibility to fund the Conference Center as proposed in Developer's Project Plan as approved by the Town Council in Resolution No. 13, Series of 2008. The Town is not obligated to provide any funding for the Conference Center, as proposed in said Project Plan. Section 4 Execution in Several Counterparts This First Amendment may be simultaneously executed in several counterparts, all of which shall constitute one and the same instrument and each of which shall be, and shall be deemed to be, an original. Section 5. Effective Date. Upon execution hereof, this First Amendment shall be effective as of August 19, 2008. 2 1 IN WITNESS WHEREOF, each Party has executed this First Amendment to Development Improvement Agreement or caused it to be executed, under seal, on its behalf by its duly authorized representatives on the 19 day of August, 2008. ���I�•'O TOWN OF VAIL, COLORADO: ler, Town Manager ATTEST: r ei Donaldson, Town Clerk OHP LO , C: I By: Name: IV IC S. ler Title: O MI A er i State of Colorado ) ss: County of Eagle ) Subscribed to and affirmed before me y ; in the county of Eagle, state of Colorado, thi day of , 2008. (Seal) r LX 011wa N pGEL •! Q 114MI o O O TE OF,� My commission expires " 3 JANUARY 2009 VAIL BUSINESS REVIEW TOWN OF VAIN March 4, 2009 Overall January sales tax decreased 13.5% with Retail decreasing 14.6 %, Lodging decreased 19.6 %, Food and Beverage decreased 7.0% and Utilities /Other (which is mainly utilities but also includes taxable services and rentals) decreased .9 %. Town of Vail sales tax forms, the Vail Business Review and the sales tax worksheet are available on the internet at www.vailgov.com. You can subscribe to have the Vail Business Review and the sales tax worksheet e- mailed to you automatically from www.vail og v.com Please remember when reading the Vail Business Review that it is produced from sales tax collections, as opposed to actual gross sales. If you have any questions or comments please feel free to call me at (970) 479 -2125 or Judy Camp at (970) 479- a 2119. Sincerely, Sally Lorton A Sales Tax Administrator January 2099 Sales Tax VAIL VILLAGE January January January 2008 2009 % Collections Collections Change Retail 411,201 323 - 21.2% Lodging 485,531 425 - 12.4 % Food & Beverage 400 364 -8.8% Other 9,292 10,428 12.2% Total 1,306,337 1,124,500 - 13.9% LIONSHEAD January January January 2008 2009 % Collections Collections Change Retail 198 185,346 -6.6% Lodging 356 314,233 - 12.0% Food & Beverage 123,076 132 7.4% Other 10,929 9,654 - 11.7% Total 689,459 641,451 -7.0 % January 2009 Sales Tax CASCADE VILLAGE/EAST VAIUSANDSTONE/WEST VAIL January January January 2008 2009 % Collections Collections Change Retail 212,462 206,034 -3.0% Lodging 253,009 161,041 -36.3% Food & Beverage 83,021 67,626 -18.5% Other 6,162 4 -23.9% Total 554,654 439,391 -20.8% OUT OF TOWN January January January 2008 2009 % Collections Collections Change Retail 55,800 34,654 -37.9% Lodging 76,317 42 -44.8% Food & Beverage 2 1 -42.5% Utilities & 291,504 290 -0.4% Other Total 425,635 368 -13.5% January 2009 sales Tax TOTAL January January January 2008 2009 Collections Collections Change Retail 877 749,867 - 14.6% Lodging 1 942,653 -19.6% Food & Beverage 608 565 -7.0% Utilities & 317,887 315,034 -0.9% Other Total 2 2,573,553 -13.5% RETAIL SUMMARY I January January January 2008 2009 % Collections Collections Change FOOD 149,346 143,306 -4.0% LIQUOR 48,072 50,860 5.8% APPAREL 111,243 95,454 -14.2% SPORT 419,720 348,530 -17.0% JEWELRY 29,261 21,093 - 27.9% GIFT 11,324 9,297 -17.9% GALLERY 9,609 7,598 - 20.9% OTHER 98,951 73,396 - 25.8% HOME 423 333 - 21.3% OCCUPATION TOTAL 877,949 749,867 - 14.6 %v I i