HomeMy WebLinkAbout2009-04-07 Agenda and Support Documentation Town Council Evening Session s
VAIL TOWN COUNCIL
EVENING SESSION AGENDA
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
6:00 P.M., TUESDAY, APRIL 7, 2009
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
1. ITEM/TOPIC: Citizen Input. (10 min.)
2. Stan Zemler ITEMITOPIC: Town Manager's Report. (5 min.)
• Revenue Update.
3. ITEM/TOPIC: Consent Agenda. (10 min.)
a. Approval of 03.03.09 & 03.17.09 Vail Town Council Minutes.
4, Bill Gibson ITEM/TOPIC An appeal, pursuant to Section 12 -3 -3, Appeals,
Vail Town Code, of the Town of Vail Planning and Environmental
Commission's approval of a request for a final review of an
amendment to an existing conditional use permit, pursuant to
Section 12- 16 -10, Amendment Procedures, Vail Town Code, to
allow for the extension of an existing temporary business office
conditional use permit, located at 450 East LionsHead Circle
(Treetops Building) /Lot 6, Vail LionsHead Filing 1, and setting
forth details in regard thereto. (PEC090004). (30 min.)
ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify
the Planning and Environmental Commission's decision pursuant
to Section 12 -3 -3, Appeals, Vail Town Code.
BACKGROUND RATIONALE: On March 17, 2009, the Vail Town
Council called up the Planning and Environmental Commission's
decision by a vote of 3 -2 -1 (Daly and Rogers opposed, Gordon
recused).
STAFF RECOMMENDATION: Staff recommends the Town
Council upholds the Planning and Environmental Commission's
decision.
5. Matt Mire ITEMITOPIC: Consideration of an extension to conditions 1 and 2
of the North Day Lot conditions of approval. (10 min.)
ACTION REQUESTED OF COUNCIL: Motion to extend the
deadline from April 7 — April 21 on conditions 1 and 2 of the North
Day Lot Conditions of Approval.
BACKGROUND RATIONALE: The Town has given requisite
development plan approvals for developing the North Day Lot as a
multi - family residential project with employee housing units,
together with site and other ancillary or related improvements.
Such approvals were rendered by the Town's Planning and
Environmental Commission on February 9, 2009 (with modified
conditions adopted by the Town Council on March 3, 2009), and
by the Town's Design Review Board on February 18, 2009. Such
approved development plans, together with any modifications of
supplements thereto given requisite Town approvals, are
sometimes referred to hereinafter as the "Approved Development
Plans," and the improvements developed from time to time on the
North Day Lot are sometimes referred to hereinafter as the "North
Day Project." The Approved Development Plans provide for a
relocation of the Skier Drop -Off Area. The conditions that the
extension is being requested for are as follows:
1. The Developer shall submit a permanent easement for the
public skier drop -off, in a form satisfactory to the Town, which
establishes the extent, rights, and privileges associated with
the permanent nine - space, public skier drop off, for review and
approval by no later than April 17, 2009,
2. The Developer shall submit a permanent easement for the
potential South Frontage Road access point into the site, in a
form satisfactory to the Town, as depicted on Sheet C1.01,
dated January 30, 2009, for review and approval by no later
than April 17, 2009.
STAFF RECOMMENDATION: NIA.
6. Matt Mire ITEM/TOPIC: 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. (10 min.)
ACTION REQUESTED OF COUNCIL: Motion to either grant or deny
a ninety (90) day extension to the current Development Improvement
Agreement between the parties.
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 exte nded . T he Developer has submitted a request for
extension until June 15, 2009. The Council took formal action on this
item and approved a motion to TABLE this decision at it regular
evening meeting on March 17, 2009.
STAFF RECOMMENDATION: Approve or deny the request for an
extension to the Agreement.
7. Matt Mire ITEMITOPIC: Discussion of Ordinance No. 9, Series of 2009, an
Ordinance Amending Title 1, Administration, Vail Town Code by
the Addition if a New Section, "Restitution Orders" to Chapter 4,
General Penalty; and Setting Forth Details in Regard Thereto. (10
min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 9, Series of 2008, on first
reading.
BACKGROUND RATIONALE: The Vail Municipal Court requires
the ability to impose restitution in criminal actions where a defendant
has been adjudged guilty for violating an ordinance of the town for
any actual damage or loss caused by the offense or infraction for
which the conviction or judgment of liability was had. The victim of a
crime is entitled to be compensated for Iris /her losses and hereby
finds that it is in the best interest of the citizens of the town to revise
the Town Code by amending Title 1 with the addition of a new
subsection, "Restitution Orders" to Chapter 4, General Penalty.
STAFF RECOMMENDATION:
Approve, approve with modifications, or deny Ordinance No. 9,
Series of 2009, on first reading.
8. Nina Timm ITEM/TOPIC: Resolution No. 9, Series of 2009, A Resolution to
Establish the 2009 Employee Housing Fee -in -Lieu for Commercial
Linkage and Inclusionary Zoning. (10 min.)
BACKGROUND: On April 4, 2007, the Vail Town Council
adopted Ordinances Nos. 7 and 8, establishing Chapter 23,
Commercial Linkage, and Chapter 24, Inclusionary Zoning, Vail
Town Code. In accordance with Sections 12 -23 -5 and 12 -24 -6,
the fee -in -lieu for each employee to be housed and for each
square foot of employee housing required shall be established
annually by resolution of the Vail Town Council.
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Resolution No. 9, Series of 2009.
STAFF RECOMMENDATION: Staff recommends that the Vail
Town Council approve Resolution No. 9, Series of 2009.
9. ITEM/TOPIC: Adjournment. (7:35 p.m.)
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BEGIN AT TBD, TUESDAY, APRIL 21, 2009 IN THE VAIL TOWN COUNCIL
CHAMBERS.
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Vail Town Council Meeting Minutes
Tuesday, March 3, 2009
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00
P.M. by Mayor Dick Cleveland.
Members present: Dick Cleveland, Mayor
Mark G ordon
Farrow Hitt
Kevin Foley
Kim Newbury
Margaret Rogers
Andy Daly
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer
The first item on the agenda was Citizen Input.
Michael Cacioppo expressed concern about recent actions of the Vail Police
Department.
Antlers Lodge General Manager Rob Levine spoke in support of the good work
performed by the Vail Police Department/911 Dispatch Center.
Local shop owner Buzz Schlepper asked for attention to be paid to his shop frontage
during special events as two of his business locations were blocked during a recent
special event.
Four Eagle Ranch operator Tom Backhus asked Council to allow Donovan Pavilion staff
to recommend businesses who do not operate within the Town of Vail. In regard to the
economy Baccus commented, "Families are going to help getting us through a
recession."
Rob Levine also spoke in support of using a valley wide marketing /promotion approach.
Hitt said sales tax collected within the town should be spent promoting town interests.
Hitt encouraged down valley entities to participate in the Vail Local Marketing District
sales tax.
Vail Homeowner's Association President and Vice President of Bravo! Alan Kosloff
spoke in support of Ford Park parking expansion. He then spoke in support of making
small improvements to the Ford Amphitheater to improve accessibility. He then thanked
Council for their generous support of Bravo!
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Cacioppo thanked Hitt for responding to Backhus. He then spoke in support of
Backhus's comments.
The second item on the agenda was Proclamation No. 1, Series of 2009. Plastic Bag
Proclamation.
Environmental and Sustainability Coordinator Kristen Bertuglia asked Council to approve
the Proclamation supporting reduced use of plastic bags in Vail. The BYOB (bring your
own bag) Challenge begins March 1 and continues to Sept. 1. It's being coordinated by
the Colorado Association of Ski Towns (CAST) and includes participation by Vail, Aspen,
Snowmass, Telluride, Mountain Village, Steamboat Springs, Breckenridge, Winter Park,
Crested Butte, Park City, Jackson Hole and Sun Valley. In addition, the towns of Avon,
Eagle, Gypsum, Basalt, Silverthorne, Dillon, Frisco, Fraser, Estes Park, Grand Lake,
Granby, Mt. Crested Butte, and the Idaho communities of Hailey and Ketchum, have
also agreed to participate. Kristen Bertuglia is serving as the local contact for Vail's
awareness campaign. She's been making arrangements with representatives from City
Market, Safeway, Ace Hardware and Sports Authority to help launch the program. The
West Vail businesses have agreed to monitor the number of times a reusable shopping
bag is used as an alternative to single -use, disposable plastic bags. In some cases,
customers will receive a five -cent discount off their bill for using their own bag.
Bertuglia says the participating businesses are eager to help their customers make the
conversion to reusable bags and she's hoping additional businesses will join the
campaign. "By reducing the use of plastic bags in the community, we're helping the
businesses become more sustainable, reduce cost and waste, and we're certainly
helping the environment," she said. At a consumption rate of 100 billion per year, the
U.S. uses 12 million barrels of oil annually to sustain its plastic bag habit, translating to
over half a billion dollars per year, according to the Community Office for Resource
Efficiency (CORE) in Aspen. For every 100 plastic bags manufactured, nearly seven
pounds of carbon dioxide, the major contributor to global warming, are released into the
atmosphere. Plastic bags also contribute to over 600,000 tons of landfill waste and are
responsible for 1.1 million wildlife deaths each year, according to CORE. The community
that uses the most reusable bags on a per capita basis during the six -month competition
will be declared the winner by CAST. The winning community will receive a $5,000 grant
from Alpine Bank to be used to install a solar panel system at a public school. Bertuglia
says the competition is a great way to inspire the community into thinking about how we
use our resources. "What a great way to promote very simple every day practices to a
more sustainable lifestyle," she said. The Vail Recreation District (VRD) has joined the
local campaign and will assist in education and outreach with local students. In addition
First 'Bank of Vail is helping to fund 1,000 reusable bags that will be distributed
throughout the competition. Bertuglia is also encouraging Vail's lodges to provide
reusable bags for their guests. "What a statement it will make when our guests are
reminded that the Town of Vail values the environment and that they can help us reduce
waste, water and energy even when they are on vacation," she said. Bertuglia will be
tallying Vail's scores on a monthly basis and will provide ongoing community updates.
Comparison reports will be issued halfway through the competition by CAST to keep the
challenge competitive to the end. The BYOB Challenge is being initiated following the
success of a challenge between Telluride and Aspen in 2008. Between Memorial Day
and Labor Day, the two towns eliminated the use of an estimated 140,359 single -use
shopping bags. The benefits of reusable bags are numerous, according to Bertuglia.
"For example, each time you use a reusable bag, you replace three plastic bags. In
addition to the energy, water and waste savings, you also prevent the use of chemicals
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that are often carcinogenic and end up as pollutants in our air, water and soil. Plus, the
more you use those reusable bags, you inspire others to think green .... don't forget to
bring them with you!" Posters, plus newspaper, television and radio announcements, will
be used to spread the word about the program. Shoppers will be able to identify
participating grocers and retailers by the presence of the 2009 CAST Reusable Bag
Challenge poster, which will be posted at the entrance. Rogers asked if Council would
entertain an idea to tax plastic grocery bags. Rogers moved to approve the resolution
with Hitt seconding. Michael Cacioppo expressed displeasure with the idea of the
proclamation. The motion passed unanimously, 6 -0. Daly left the meeting.
Daly left the meeting.
The third item on the agenda was the Town Manager's Report.
a. A discussion to seek direction on whether to prepare a feasibility study of expanded
public parking at Ford Park,
Zemler asked Council to approve, approve with modifications, or deny a staff request to
prepare a feasibility study of expanded public parking at Ford Park. On November 18,
Council adopted its 2008 -2009 Strategic Work Plan. As part of the Parking/Transportation
section, the work plan includes the "Creation of a Parking Feasibility Master Plan Exploring
Alternatives" which more specifically includes the plan to "Review Ford Park as the Town
option of meeting the parking demand now" and a 2009 first quarter action item to
"Complete the Ford Park study and determine the direction the Town will pursue to construct
near -term parking expansion. " Zemler then recommended Council instruct staff to prepare
a feasibility study of expanded public parking at Ford Park. Foley encouraged the public to
provide input on the topic. Gordon moved to approve the request with Rogers seconding.
Zemler said, "What we are looking at is... Does it actually physically work... Is it even
possible." If built, Gordon spoke in support of making Ford Park parking available to locals
so as to free up the parking structures for guests. During a pause for public comment Vail
Homeowner's Association representative Jim Lamont commented, "We have done a good
job of utilizing the park in the summer and have done a very poor job of utilizing the park in
the winter... What facilities can we add to Ford Park that do not substantially add to parking
and help make this park a more 365 day a year park ?" Allan Kosloff said he did not believe
a parking structure at Ford Park would have to be visually obtrusive. Zemler said the
objective was no net loss of recreational facilities. The motion passed unanimously, 6 -0.
Zemler then complimented the Vail Fire Department for a recent response to a emergency
call a the Vail Athletic Club.
b. Revenue Update.
Budget and Financial Reporting Manager Kathleen Halloran reported when all sales tax
returns are received for the month of January, collections for the month are expected to
be $2,610,515, down 12.3% from January, 2008 and 6.5% down from the revised 2009
budget. The ski season so far (Jan — Nov) is down 8.7% from last ski season. Inflation
as measured by the consumer price index was flat, or 0% for the month of January
compared to prior year. Use tax collections as of February 26, 2009, total $9,899. 2008
collections totaled $608,483 of revenue. Construction permit revenue through February
24 totals $132,000, up 75% from 2008. The increase in activity from the prior year is
due to major redevelopment projects with continued permit fees during construction (not
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from new building permits). Major redevelopment projects make up 81 %0 of the total.
Revenue from non -major projects is down 47% from 2008. Real Estate Transfer Tax
(RETT) collections through February 24, 2009, total $260,978. This amount is a 75%
decrease from last year's February due to both major and non -major redevelopment
projects. At this time last year, the town had collected over $620K in RETi T from sales of
major redevelopment projects such as Arrabelle, Forest Place and the Vail Plaza. Year -
to -date 2009 has seen limited sales from major redevelopment projects and is down
90 %. Collections not related to major projects year -to -date are 36% down from this time
last year. Pass sales through February 24 total $33,250, down 2.5% from 2008. Year -
to -date daily sales (from parking structures) total $1.7 million, up 5.9% from the first two
months of 2008. Please note there is one Saturday yet this month not included in the
above total.
The fourth item on the agenda was the Consent Agenda.
a. Approval of 02.03.09 & 02.17.09 Town Council Minutes.
Gordon moved to approve section a. of the consent agenda with Foley seconding. The
motion passed unanimously, 6 -0.
b. The applicant, Eagle River Water and Sanitation District ( ERWSD), requested
permission to proceed through the development review process to allow for the
installation of perimeter fencing around the Gore Valley water storage tank on Town of
Vail owned property located at 5004 Snowshoe Lane.
In 2002, the Federal Public Health Security and Bioterrorism Preparedness and Response
Act required, in part, that communities conduct a drinking water vulnerability assessment as
administered by the Environmental Protection Agency (EPA) with direction from the
Department of Homeland Security. The ERWSD conducted this required Vulnerability
Assessment which specifically noted that the Gore Valley water storage tank should have
perimeter fencing for water supply protection. The State of Colorado Department of Public
Health and Environment recommended the ERWSD install this fence to protect Vail's public
water supply. Since portions of the existing water storage tanks are located on Town of Vail
property, the applicant had to first obtain Vail Town Council (i.e. property owner) approval
before proceeding through the town's development review process for the new fence. The
Community Development Department recommended Council approve the applicant's
request to proceed through the development review process. Hitt asked if there were any
covenants that prevented fences on the parcel. Rogers asked if the project would be a
financial burden to the town in any way. ERWSD Water Manager Todd Fessenden said
another driver for the fence is public safety and there was heavy pedestrian traffic in the
area. Rogers asked if the District had considered using security cameras. Foley asked if
more landscaping would be located in the area. Hitt clarified the fence would be partially
camouflaged'. Newbury moved to approve the request with Foley seconding. The motion
passed unanimously, 6 -0.
The fifth item on the agenda was a Proposed Chamonix Employee Housing Action
Plan.
Housing Coordinator Nina Timm reported in 2008, the Town of Vail adopted the
Chamonix Master Plan and rezoned the Chamonix Property to the Housing (H) District
to allow for the development of deed restricted employee housing units. The Chamonix
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Master Plan calls for approximately 58 deed restricted, for -sale employee housing units.
In order to ensure project success, the town has completed a cost validation study and
has engaged EPS to provide the town with a site specific market analysis. The
proposed action plan builds upon all of the previous work and establishes the steps and
timeline to be prepared to issue a Request for Proposals (RFP) to develop employee
housing at the Chamonix Property. Timm said an immediate priority would be working to
get Federal Housing Authority (FHA) and Fannie Mae deed restricted housing approval.
She also suggested engaging an architectural firm to develop a design vision. Zemler
said there are a lot of people looking for work so the town would be able to receive a
very competitive RFP for work. Rogers and Cleveland expressed concern that
architectural design would not be tied to cost. Cleveland commented, "What we haven't
come to terms with is Ko much appetite does this Council have - to stomach the
subsidies on this project." Foley said he didn't feel the need to create a new vision for
the project as it already existed. Hitt moved to instruct staff to move forward with the
proposed Chamonix Employee Housing Action Plan, except the vision and RFP steps
with Rogers seconding. The motion passed unanimously, 6 -0.
The sixth item on the agenda was the Town Council's short list announcement for potential
Timber Ridge Redevelopment teams.
On December 18, 2008, the town issued a Request for Qualifications and Proposals
(RFQ /P) for the redevelopment of one -half of Timber Ridge Village Apartments. Ten teams
responded to the town's RFQ /P. The town established the nine member (Vail Local
Housing Authority and town staff) Timber Ridge Redevelopment Advisory Committee to
review the proposals and make a recommendation to Council. Council reviewed all of the
proposals and received the Review Committee's recommendation. Based upon Council's
review and the recommendation provided, Council will be establishing a short list of six
potential development teams to be invited to participate in oral presentations and interviews.
Hitt moved to table the item with Rogers seconding. The motion passed unanimously, 6 -0.
The committee will bring their next round of recommendations to Council on April 21
The seventh item on the agenda was an appeal, pursuant to Section 12 -3 -3, Appeals,
Vail Town Code, of the Town of Vail PEC's decision to approve a major exterior
alteration application, pursuant to Section 12 -7H -7, Exterior Alterations or Modifications,
Vail Town Code, to allow for the redevelopment of the property known as the "North Day
Lot" with a multiple unit employee housing project, located at 600 West LionsHead
Circle /Part of Lot 1, Block 1, Vail LionsHead Filing 3.
Due to a predetermined conflict of interest (Vail Resorts affiliation) Gordon recused
himself from the item and left the room. On February 17, 2009, Council "called -up" (i.e.
appealed) the decision of the PEC by a vote of 7 -0 -0. The reason cited for the call -up
was to consider the conditions placed upon the approval by the PEC. Vail Resorts
representative Michael Brekka descriptively covered the project's past and proposed
timeline. He reported the proposed start date for the project would be on or about April
in 2010. Hitt asked if there was anything the town could do to speed up the beginning
construction date. Brekka said beginning the project during the winter would have a
severe impact on the community. Rogers moved to approve the request with Newbury
seconding. During a pause for public comment Susie Huxford asked if project
construction would interrupt pedestrian access between the pedestrian bridge and
LionsHead. In regard to the delay in providing employee housing required by the Core
Site Agreement, Foley commented, "I feel like it's a real slap to the community."
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Newbury also said she was very disappointed in Vail Resorts. Hitt said it was the right
thing to do for the town to try and put a transit center on the site, although those efforts
delayed the project. The motion passed 4 -1, with Foley opposed.
The eighth item on the agenda was Ordinance No. 2, Series of 2009, an Ordinance
Amending Title 6, Chapter 3, of the Vail Town Code Regarding the Offense of Disturbing
the Peace in the Town of Vail.
Text messaging and email have become a regular and consistent form of media and
communication in the United States and elsewhere. This kind of communication can be
abused and used for the purpose of harassing others. This type of harassment is
already prohibited by Colorado State Statute. Rogers moved to approve the ordinance
with Foley seconding. The motion passed unanimously, 6 -0.
The ninth item on the agenda was 2009 Budget Adjustments; Second Reading of
Ordinance No. 5, Series 2009, an ordinance making budget adjustments to the Town of
Vail General Fund, Capital Projects Fund, and Heavy Equipment Fund of the 2009
Budget for the Town of Vail, Colorado; and authorizing the said adjustments as set forth
herein.
Due to the decline in construction and concern with sales tax revenue, the Town
Manager proposed adjustments to the 2009 Budget which was passed on November 18,
2008. Newbury moved to approve the ordinance with Rogers seconding. Foley thanked
Council for not reducing the Commission on Special Events (CSE) allocation. Cleveland
said he would vote against the ordinance as he believed the CSE should be treated as
all other components of the organization. The motion passed 5 -1, with Cleveland
opposed.
The tenth item on the agenda Adjournment.
Newbury moved to adjourn with Foley seconding at approximately 8:10 p.m. The motion
passed unanimously, 6 -0.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
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Vail Town Council Meeting Minutes
Tuesday, March 17, 2009
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00
P.M. by Mayor Dick Cleveland.
Members present: Dick Cleveland, Mayor
Mark Gordon
Kim Newbury
Kevin Foley
Margaret Rogers
Andy Daly
Not present: Farrow Hitt
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Input.
Local hotelier Keith Ozda, speaking on behalf of a citizen's committee in regard to the N
town's conference center funds, said the committee supports the hiring of hospitality
industry expert James Chung to explore opportunities for health and wellness related
facilities and programs in the town.
Rich Self asked for the discussion in regard to a proposed amendment to the Vail Village
Master Plan to be rescheduled with adequate two week notice.
Vail Symposium representative Rob 'Levine announced that on April 17 at the Westin
Riverfront Hotel in Avon, a collaboration of 11 non - profit organizations would host a
single symposium event. He reported all organizations had "life long learning" in their
mission statement.
Paul Rondeau asked for Vail Recreation District (VRD) participation in the town's Annual
Community Meeting. He then emphasized a perceived need for the town to do more to
make property tax bills more transparent.
The second item on the agenda was the Town Manager's Report.
Nothing was reported.
The third item on the agenda was the Determination of 2008 Direct Report Merit Raises.
Cleveland said Council only has three employees. Those are the Town Manager, Town
Attorney, and Municipal Judge. He reported all three requested to decline their merit
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raises for 2008. Daly said he appreciated the employee's gestures. Rogers said, "You
guys are the ones left holding the bag I think ... And when the tide turns I would like to
return this to them as soon as we can." Gordon emphasized it was Council's
responsibility the raises were not received in 2008 and spoke against accepting the
offers. Daly moved to accept the offers with Rogers seconding. The motion passed 5 -1,
with Gordon opposed.
The fourth item on the agenda was the Review of Vail Village Dispersed Loading and
Delivery Pilot Program and Consideration of Short -Term and Long -Term
Recommendations.
Community Information Officer Suzanne Silverthorn asked Council to review the
recommendations regarding loading and delivery policies in Vail Village and approve or
modify as needed. Since January 9, 2009, a pilot program for loading and delivery in Vail
Village has been underway following 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.
Loading and Delivery policies for Vail Village have been approved for the remainder of
ski season and into summer following a review of the village core pilot program by the
Vail Town Council on March 17. Rogers moved to approve the staff recommendation
with Gordon seconding. The motion passed unanimously, 6 -O.The adopted policies are
as follows:
Village Core Policies
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. on Gore Creek Drive.
• 5- minute, attended vehicle skier drop -off available on Hanson Ranch
Road across from the Christiania Lodge from 6 a.m. to 6 p.m. Loading and
delivery available for 30 minutes of unattended parking 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.
• Permit only parking available at the Mill Creek Court Building loading
zone for vehicles less than 20 feet in length from 6 a.m. to 6 p.m. No parking
from 6 p.m. to 6 a.m.
• Designated zones for use by couriers (USPS, UPS, Fed Ex):
o Gore Creek Drive, north side, east end of Gorsuch Building from 6
a.m. to 6 p.m.
a Two spaces at the south end of the Willow Bridge Road loading
zone (next to Checkpoint Charlie) from 10:30 a.m. to 6 p.m.
o East Meadow Drive in front of Vail Boot and Shoe from 8 a.m. to 6
p.m.
• Outlying, dispersed loading and delivery available from 6 a.m. to 6 p.m.,
including use of the Mountain Plaza facility with 13 public bays.
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• In the event ent 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.
• Continue police education and facilitation program using enforcement
measures when appropriate and warranted.
In addition to the policies outlined above, Council authorized a new pilot program and
additional coordination by town staff to address issues on East Meadow Drive as follows:
East Meadow Drive Pilot Program, March 18 to July 7 2009
• On- street delivery available within specific loading areas on the 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. No parking next to La Bottega at any time;
violators will be ticketed. See Checkpoint Charlie for a map indicating the location
of these interim loading zones.
East Meadow Drive Collaborative Efforts
• Work with private property owners and delivery drivers to pursue increased use
of existing on -site loading zones.
• Explore the concept 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 as well
as all other possibilities to facilitate ease of deliveries from the Vail Plaza Hotel
loading facility. Determine town's role in funding such improvements with a plan
for equitable reimbursement.
• 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 which will open in 2010.
Other Actions
• Work with affected parties to design a permanent solution for loading spaces on
Gore Creek Drive east of Bridge Street to address acknowledged deficit.
• Amend delivery regulations for summertime use if necessary. Discussion would
occur during July 7 Town Council review.
Next Steps
• Continued monitoring of loading and delivery policies by town staff with interim
adjustments and increased enforcement where necessary.
• Reconvene Loading & Delivery Working Group and other interested parties in
June 2009 to evaluate pilot program and identify other issues for Town Council
consideration.
• Present update to Town Council on July 7, 2009.
Community Development Director George Ruther clarified Village Inn businesses have
benefited from the contemplated improvements. In regard to a proposed lift at the Vail
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Village Inn, Ruther commented, "Hopefully we can get better cooperation with the
property owner... In the past it has primarily been a financial issue." United States Postal
Service representative James Armstrong spoke in support of staffs recommendation
and applauded their efforts. Herman Staufer said the Village Inn Homeowner's
Association (Phases II & III) should have a representative present to clarify the reasons
for not allowing improvements (the aforementioned lift) to be made on Village Inn
property. Vail Homeowner's Association representative Jim Lamont said the lift proposal
was a band -aid and not a qualitative solution. "We need to understand there are
solutions here but we are going to have to sit down and find the more practical
solutions... The goal here is to maximize the use of the building's loading and delivery
facilities.' Village Inn Phase V property owner Richard Leibhaber clarified Vail Village
Inn Phase V has had nothing to do with limiting access to Phase III and Phase II. He
said he believed the staff proposal was making a concession to the vendors. "I don't feel
the vendors have acted in good faith and I certainly don't want to see them rewarded."
Phase V owner Hubert Wagner said the relationship with the Village Inn owners and the
Vail Plaza Hotel was very poor during the construction of the Hotel. Herman. Staufer
then offered what he believed to be alternative solutions for courier deliveries. Local
hotelier Johannes Faessler said he had heard no noise complaints caused by the
delivery position located immediately south of La Bottega Restaurant although he did
encourage moving the loading area farther to the east. Phase V owner Chris Anderson
encouraged moving the La Bottega delivery area farther east. Cleveland emphasized the
town thrives on service and must mitigate as much noise and congestion for the
residential property owners.
The fifth item on the agenda was the 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 (AIPP) Board Appointments.
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).
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).
There were 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. Council interviewed each applicant at the work
session and then was asked to 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*
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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
Newbury moved to appoint Browning and Kennedy to the AIPP with Daly seconding.
The motion passed -
i p un animousl y, 6 0.
Daly moved to appoint Williams to the LLC with Newbury seconding. The motion
passed unanimously, 6 -0.
Daly moved to appoint Kurz, Lindall and Vieie to the PEC with Newbury seconding
PEC. The motion passed unanimously, 6 -0.
Foley moved to appoint Loftus to the BUCAB with Newbury seconding. The motion
passed unanimously, 6 -0.
Foley moved to appoint Du Bois and Gillette to the DRB with Daly seconding. The
motion passed unanimously, 6 -0.
The sixth item on the agenda was a 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 1, Block 5E, Vail Village Filing 1,
adjacent to Talisman Condominiums at 62 East Meadow Drive (Tract K -L, Block 5E, Vail
Village First Filing).
Planner Rachel Friede requested 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. 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 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. Friede recommended
Council approve 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.
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Gordon clarified nothing proposed should negate the possibility of a future stream walk
on the site. Cleveland emphasized the agenda item was strictly a request for permission
to proceed and any desired conditions of approval from Council should come later after
the proposal is reviewed by the DRB and PEC. Talisman property owner Bill Amos said
he wanted the area to 'look nice again but he didn't want to go through a lot of arduous
process. Foley moved to approve the request with Newbury seconding. Gordon said
he thought it was his job to protect the rights of all Town of Vail property owners. The
motion passed unanimously, 6 -0. The motion was passed with no attached conditions.
The seventh item on the agenda was the First reading of 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) zone district.
Planner Nicole Peterson and Housing Coordinator Nina Timm explained the previous
direction of Town Council and the Vail Local Housing Authority (VLHA). The Community
Development Department has prepared amendments to the parking requirements in the
Housing (H) zone district to reflect this direction. 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 PEC held a
meeting to forward a recommendation to 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). Timm and Peterson emphasized the
ultimate goal of the ordinance was to provide developers with a predictable and timely
understanding of any reduction in parking requirements. Rogers wants to ensure the
option for a parking reduction greater than 25% is available under special
circumstances. Daly asked why the group focused on per unit as opposed to per bed
requirements. "The change that is driving parking demand is the number of beds not the
number of units... We have situations in Timber Ridge redevelopment proposals where
eight beds exist in a unit... So why wouldn't we look at a per bed zoning direction."
Newbury said she believed parking requirements were not driving developer decisions
regarding unit mix but rather meeting their employee housing requirements. Zemler
expressed concern about current Timber Ridge redevelopment responses to the
Request for Proposals (RFP) that was issued by the town. Zemler has requested
responses based on today's parking requirements. Daly emphasized he just wanted to
measure demand most accurately. Rogers moved to table the item until April 21 with
Daly seconding. Cleveland questioned the inclusion of bicycle parking. During a pause
for public comment, local hotelier Johannes Faessler said he believed parking
requirements should emphasize smaller units housing fewer people. "This will
encourage quality housing not quantity housing. Municipal Court Judge Buck Allen said
he was aware of parking shortages occurring at a Breckenridge affordable housing
complex. "It really doesn't work very well... If you are going to have employees they are
going to have cars and it's something you might want to look at." The motion passed
unanimously, 6 -0.
The eighth item on the agenda was the 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 (SDD) No. 39, Crossroads.
On March 9, 2009, the PEC held a public hearing on a request for a major amendment
to SDD No. 39, Crossroads to increase the maximum allowable number of dwelling units
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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 PEC voted 6 -1 -0 (Pierce
opposed) to forward a recommendation of approval of the request to amend SDD No.
39, Crossroads to Council. Warren Campbell reported the applicant requested the item
be tabled. Rogers then moved to table the item until April 21 with Daly seconding. The
motion passed unanimously, 6 -0.
The ninth item on the agenda was Resolution No. 7, Series 2009, a resolution adopting
an amended budget and making appropriations to pay the costs, expenses and liabilities
of the Vail Local Marketing District (VLMD), for its fiscal year January 1, 2009 through
December 31, 2009.
Vail Local Marketing District Advisory Committee (VLMDAC) Treasurer John Dawsey
asked Council to adopt the amended budget and appropriate an additional $104,000 that
was collected in 2008 but not budgeted in 2009 for marketing related expenditures
beginning on the first day of January 2009 and ending on the 31 day of December
2009. Dawsey explained that contingencies arose during the fiscal year 2009 which
could not have reasonably been foreseen or anticipated by the VLMDAC at the time it
enacted Resolution No. 17, Series 2008, adopting the 2009 Budget for the VLMD. Daly
moved to approve the resolution with Rogers seconding. Foley said he would vote no
because he believed the VLMD should directly fund some portion of special events. The
motion passed 5 -1, with Foley opposed.
The tenth item on the agenda was 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.
Due to a predetermined conflict of interest (affiliation with Vail Resorts) Gordon recused
himself from the item and left the Council Chambers, On December 11, 2007, the
Council passed Resolution No. 29, Series 2007 authorizing the town to enter into a Core
Site Employee Housing 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 at Vail Square project (the "Core Site Housing
Requirements "). The town and VR have mutually determined 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 town has given requisite development approvals for the North Day Project by
actions of the PEC on February 4, 2009 (with modified conditions adopted by Council on
March 3, 2009), and of the town's DRS 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 town and VR mutually agreed to amend the
agreement as it relates to the construction commencement date. Newbury moved to
approve the resolution with Rogers seconding. Foley said, "it is unconscionable we (the
town) have to wait four years to see the employee housing requirement for the Arrabelle
met." Newbury echoed Foley's comments. The motion passed 3 -2 with Foley and Daly
voting in opposition.
The eleventh item on the agenda was 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.
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Town Attorney Matt Mire explained the town and OHP Vail One LLC entered into a
Development Improvement Agreement (DIA) 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 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. Mire then reported the
developer has submitted a request for extension until June 15, 2009. Daly asked if staff had
a recommendation on the matter. Zemler said there were significant physical repairs that
have been put off due to anticipation of the structures redevelopment. "We are increasingly
concerned about the quality of the product... There is a series of things we would want to
begin to undertake... We are also four years into your tax increment financing
capability... The LionsHead Parking Structure area is an excellent location to use tax
increment funds." Rogers clarified extending the agreement would delay some much
needed repair projects. Daly said he did not believe any large project could be realistically
financed within the next five years due to a perceived lackluster residential luxury market
demand. "is there any point in making a short-term extension... This is not in the best
interest in the town." Zemler clarified he believed any perceived project timeframes would
be purely speculative. "We have things that we should do to that parking structure that we
are delaying." Gordon said he believed the developer was getting closer to having Vail
Resorts release the deed restriction on the LionsHead Parking Structure (a prerequisite to
further redevelopment planning). Cleveland said, "I don't think Mark (the developer) has any
chance of having the deed restriction lifted on the structure... My concern is that we have
serious concerns at that parking structure that need to be addressed... We need to start
taking care of that structure and doing things that need to be done...I just don't believe that
anything can change in a timeframe that will be suitable to any of us...I feel like we are
grasping at straws for a project that has little chance of coming to fruition." Newbury asked
for a complete list of the immediate maintenance needs of the structure and the costs
associated. OHP representative Mark Masinter said he believed the community believed in
the product approved in the project plan. Masinter said the current mood in capital markets
resembled that which occurred post September 11, 2001 (they turned around in a few
years). "I'm asking you to support the project you supported back in July... We are all
partners in this process...I would ask you to allow us to continue on; nothing has changed."
Gordon moved to grant a 90 day extension with Newbury seconding. Mire said he would
have to return with a resolution to approve the agreement. During a pause for public
comment, Kaye Ferry said she was beyond stunned. "I can't believe anything has changed
that we didn't know in September that we know today... This guy thought he was walking
into here for an administrative extension...You have a responsibility to extend this." Foley
said he saw no need to add two more luxury hotels in the town. The motion failed, with
Cleveland, Foley and Daly opposed. Gordon then moved to table the granting of the
extension with Foley seconding. The motion passed 5 -1, with Cleveland opposed. Daly
said its time to release the property so the town could regain total control of the property.
The twelfth item on the agenda was Adjournment.
Foley moved to adjourn with Rogers seconding. The motion passed unanimously, 6 -0.
8
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
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9
MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: April 7, 2009
SUBJECT: An appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of
Vail Planning and Environmental Commission's approval of a request for a final
review of an amendment to an existing conditional use permit, pursuant to
Section 12- 16 -10, Amendment Procedures, Vail Town Code, to allow for the
extension of an existing temporary business office conditional use permit, located
at 450 East Lionshead Circle (Treetops Building) /Lot 6, Vail Lionshead Filing 1,
and setting forth details in regard thereto. (PEC090004)
Appellants: Vail Town Council
Planner: Bill Gibson
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L SUBJECT PROPERTY
The subject property is located at 450 East Lionshead Circle (Treetops Building) /Lot 6,
Vail Lionshead Filing 1.
II. STANDING OF APPELLANT
The Vail Town Council, the appellant, has standing to file an appeal of the Planning and
Environmental Commission's decision pursuant to Section 12 -3 -3, Appeals, Vail Town
Code.
III. REQUIRED ACTION
I
The Town Council shall uphold, overturn, or modify the Planning and Environmental
Commission's approval, with conditions, of the conditional use permit application
pursuant to Section 12 -3 -3, Appeals, Vail Town Code.
i
IV. STAFF RECOMMENDATION
The Community Development Department recommends the Vail Town Council upholds
the Planning and Environmental Commission's March 9, 2009, decision. Should the Vail
Town Council choose to uphold the Commission's decision, Staff recommends the
Council approves the following motion:
"The Vail Town Council upholds the Planning and Environmental Commission's
approval, with conditions, of a request for a final review of amendment to an
existing conditional use permit, pursuant to Section 12- 16 -10, Amendment
Procedures, Vail Town Code, to allow for the extension of an existing temporary
business office conditional use permit, located at 450 East Lionshead Circle
(Treetops Building) /Lot 6, Vail Lionshead Filing 1, and setting forth details in
regard thereto. "
1
Should the Town Council choose to uphold the Planning and Environmental
Commission's decision, the Community Development Department recommends the
Council makes the following findings:
"Based upon the review of the criteria outlined in Section V11 this Staff
memorandum to the Planning and Environmental Commission dated March 9,
2009, and the evidence and testimony presented, the Town Council finds:
1. The proposed temporary business office, located at 450 East Lionshead
Circle (Treetops Building), is in accordance with the purposes of the Zoning
Regulations and the Lionshead Mixed -Use 1 District as referenced by Section
IV of the Staff memorandum to the Planning and Environmental Commission
dated March 9, 2009.
2. The proposed temporary business office, located at 450 East Lionshead
Circle (Treetops Building), and the conditions under which it will be operated
or maintained are not detrimental to the public health, safety, or welfare or
materially injurious to properties or improvements in the vicinity.
3. The proposed temporary business office, located at 450 East Lionshead
Circle (Treetops Building), does comply with each of the applicable provisions
of Chapter 12 -16, Conditional Use Permit, Vail Town Code, as referenced by
Section iV of the Staff memorandum to the Planning and Environmental
Commission dated March 9, 2009."
V. BACKGROUND
Recently the applicant, 450 Buffalo Properties, submitted an application to amend the
Lionshead Mixed Use 1 District to allow certain offices to be permanently allowed on the
first -floor in Lionshead subject to a conditional use permit. The applicant's primary goal
in submitting this request was to facilitate a long -term lease for office uses in their
Treetops Building first -floor tenant space.
On February 9, 2009, the Planning and Environmental Commission recommended the
Town Council deny the applicant's proposed text amendments. Instead, the
Commission informally recommended the applicant pursue another extension to the
existing conditional use permit allowing the temporary business offices at Treetops
rather than pursuing amendments to the Vail Town Code.
On February 17, 2009, the Town Council denied the applicant's request to amend the
Vail Town Code to permanently allow offices on the first floor in Lionshead.
Since Vail Resorts has not yet constructed office space to replace the spaces displaced
by the Arrabelle Hotel development and to allow the applicant the ability to rent his
tenant space to an office use, the Planning and Environmental Commission approved an
amendment to an existing conditional use permit, pursuant to Section 12- 16 -10,
Amendment Procedures, Vail Town Code, to allow for the extension of an existing
temporary business office conditional use permit, located at 450 East Lionshead Circle
(Treetops Building) /Lot 6, Vail Lionshead Filing 1, and setting forth details in regard
thereto, by a vote of 6 -0 -1 (Pierce recused), on March 9, 2009.
2
In approving this extension, the Planning and Environmental Commission imposed the
following condition:
"I. The approval of this conditional use permit extension shall be valid until
August 30, 2092
2. if Vail Resorts vacates the first floor office space, then this temporary business
office conditional use permit shall no longer be valid."
On March 17, 2009, the Vail Town Council called -up this Planning and Environmental
Commission action by a vote of 3 -2 -1 (Daly and Rogers opposed, Gordon recused).
VI. ATTACHMENTS
A. March 9, 2009, Staff memorandum to the PEC
3
Vail Town Council Attachment: A
Planning ana tnvironmentaii %.,vmmisson
ACTION FORM
t Department of Community Development
rnry OF VIA A 75 South Frontage Road, Vail, Colorado 81657
1 u Y tel: 970.479.2139 fax: 970.479.2452
ca&T.UwTrOEVELOMENT web: www.vailgov.com
Project Name: TREETOPS TEMPORARY OFFICE PEC Number: PEC090004
Project Description:
EXTENSION OF PREVIOUS APPROVAL FOR TEMPORARY BUSINESS OFFICE
Participants:
OWNER 450 BUFFALO PROPERTIES LLC 02/18/2009
PO BOX 331
BOULDER
CO 80306
APPLICANT 450 BUFFALO PROPERTIES LLC 02/18/2009
PO BOX 331
BOULDER
CO 80306
Project Address: 452 E LIONSFIEAD CR VAIL Location: 1ST FLOOR TREETOPS
Legal Description: Lot: Block: Subdivision: TREETOPS CONDO
Parcel Number: 2101- 064 - 0403 -0
Comments: Pierce recused
BOARD /STAFF ACTION
Motion By: KURZ Action: APPROVED
Second By: PROPER
Vote: 6 -0 -1 Date of Approval: 03/09/2009
Conditions:
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and /or the appropriate review committee(s).
Cond: 300
(PLAN): PEC approval shall not be not become valid for 20 days following the date of
approval.
Cond: CON0010593
The approval of this conditional use permit extension shall be valid until August
30, 2012.
Cond: CON0010594
If Vail Resorts vacates the first floor office space, then this temporary business
office conditional use permit shall no longer be valid.
Planner: Bill Gibson PEC Fee Paid: $0.00
L'�11 Yec ree"A /Vto-ki0eN: KtArZ
?r
MEMORANDUM
TO: Planning and Environmental Commission
OM: Department of Community Devel
FR p y p C UP DATE: March 9 2009 ae fAffS I IS n o 110A10
vaM J
SUBJECT: A request for a final review of an amendment to an existing conditional use
permit, pursuant to Section 12- 16 -10, Amendment Procedures, Vail Town Code,
to allow for the extension of an existing temporary business office conditional use
permit, located at 450 East Lionshead Circle (Treetops Building) /Lot 6, Vail
Lionshead Filing 1, and setting forth details in regard thereto. (PEC090004)
Applicant: 450 Buffalo Properties, represented by Michael Hecht
Planner: Bill Gibson
1. SUMMARY
The applicant, 450 Buffalo Properties, represented by Michael Hecht, is requesting a
final review of an amendment to an existing conditional use permit, pursuant to Section
12- 16 -10, Amendment Procedures, Vail Town Code, to allow for the extension of a
conditional use permit to allow for a temporary business office located at 450 East
Lionshead Circle (Treetops Building) /Lot 6, Vail Lionshead Filing 1, and setting forth
details in regard thereto.
Based upon Staffs review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Staff recommends approval, with
conditions, of this request subject to the findings noted in Section VIII of this
memorandum.
II. DESCRIPTION OF THE REQUEST
The applicant is proposing an extension of the conditional use ,permit allowing the
existing Vail Resorts temporary business offices to occupy the first -floor retail spaces of
the Treetops Building for an additional three years, until 2012. A vicinity map
(Attachment A) and the applicant's request (Attachment B) have been attached for
reference.
III. BACKGROUND
On November 16, 2004, the Vail Town Council adopted Ordinance No. 26, Series of
2004, to allow "Temporary Business Offices" on the first -floor of buildings within the
Lionshead Mixed Use 1 District. The purpose of this ordinance is to allow existing
Lionshead area office uses, which are displaced by the construction activities of
redevelopment projects, to be temporarily relocated within the Lionshead area. A
"Temporary Business Office" was defined as "an office for the conduct of general
business and service activities and transactions for a limited period of time to
accommodate the temporary displacement of an existing business office with the Town
of Vail due to redevelopment construction activities."
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On January. 4, 2005, the Planning and Environmental Commission approved a
conditiorfal .us'e.permit for Vail Resort's temporary business offices currently occupying
,_the. first -floor of the Treetops Building. This temporary conditional use permit was to
expire : upon. psuanc .-of 0 temporary certificate of occupancy for the Arrabelle Hotel
(which has since fi ued), the issuance of a temporary certificate of occupancy for
.c• ^ •� `
- 'the North U,a,y. Lot office building (which has not been constructed), or on January 24,
2008.1 ,
On June 11, 2007, the Planning and Environmental Commission approved an extension
to this temporary conditional use permit until January 24, 2009..
On August 7, 2007, the Vail Town Council adopted Ordinance No. 22, Series of 2007, to
give the Planning and Environmental Commission the authority to grant extensions to
any temporary business office conditional use permit in increments of up to three (3)
additional years.
On August 25, 2008, the Planning and Environmental Commission approved an
extension to this temporary business office conditional use permit until August 30, 2009.
On October 7, 2008, the Vail Town Council upheld the Commission's August 25
decision on appeal.
Recently the applicant, 450 Buffalo Properties, submitted an application to amend the
Lionshead Mixed Use 1 District to allow certain offices to be permanently allowed on the
first -floor in Lionshead subject to a conditional use permit. The applicant's primary goal
in submitting this request was to facilitate the approval of a long -term office tenant in
their Treetops Building first -floor tenant space.
On February 9, 2009, the Planning and Environmental Commission recommended the
Town Council deny the applicant's proposed text amendments. At the same hearing,
the Commission informally recommended the applicant pursue another extension to the
conditional use permit allowing the existing temporary business offices at Treetops
rather than pursuing amendments to the Vail Town Code.
On February 17, 2009, the Town Council denied the applicant's recent request to amend
the Vail Town Code to permanently allow offices on the first floor in Lionshead.
IV. APPLICABLE PLANNING DOCUMENTS
A. Title 12, Zoning Regulations, Vail Town Code
CHAPTER 12 -1, TITLE, PURPOSE AND APPLICABILITY (in part)
Section 12 -1 -2: Purpose:
A. General: These regulations are enacted for the purpose of promoting the
health, safety, morals, and general welfare of the Town, and to promote the
coordinated and harmonious development of the Town in a manner that will
conserve and enhance its natural environment and its established character as a
resort and residential community of high quality.
B. Specific: These regulations are intended to achieve the following more specific
purposes:
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1. To provide for adequate light, air, sanitation, drainage, and public
facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of
snow, and other dangerous conditions.
3_ To promote safe and efficient pedestrian and vehicular traffic
circulation and to lessen congestion in the streets.
4. To promote adequate and appropriately located off - street parking and
loading facilities.
5. To conserve and maintain established community qualities and
economic values.
6. To encourage a harmonious, convenient, workable relationship among
land uses, consistent with Municipal development objectives.
7. To prevent excessive population densities and overcrowding of the
land with structures.
8. To safeguard and enhance the appearance of the Town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other
desirable natural features.
10. To assure adequate open space, recreation opportunities, and other
amenities and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable
community.
ARTICLE 12 -7H: LIONSHEAD MIXED USE 1 (LMU -1) DISTRICT (in part)
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Section 12 -7H -1: Purpose:
The Lionshead Mixed Use 1 District is intended to provide sites for a mixture of
multiple- family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge
dwelling units, restaurants, offices, skier services, and commercial
establishments in a clustered, unified development. Lionshead Mixed Use 1
District in accordance with the Lionshead Redevelopment Master Plan, is
intended to ensure adequate light, air, open space and other amenities
appropriate to the permitted types of buildings and uses and to maintain the
desirable qualities of the District by establishing appropriate site development
standards. This District is meant to encourage and provide incentives for
redevelopment in accordance with the Lionshead Redevelopment Master Plan.
This Zone District was specifically developed to provide incentives for properties
to redevelop. The ultimate goal of these incentives is to create an economically
vibrant lodging, housing, and commercial core area. The incentives in this Zone
District include increases in allowable gross residential floor area, building height,
and density over the previously established zoning in the Lionshead
Redevelopment Master Plan study area. The primary goal of the incentives is to
create economic conditions favorable to inducing private redevelopment
consistent with the Lionshead Redevelopment Master Plan. Additionally, the
incentives are created to help finance public off -site improvements adjacent to
redevelopment projects. With any development/redevelopment proposal taking
advantage of the incentives created herein, the following amenities will be
evaluated: streetscape improvements, pedestrian/bicycle access, public plaza
redevelopment, public art, roadway improvements, and similar improvements.
Chapter 12 -16: CONDITIONAL USES PERMITS (in part)
Section 12 -16 -1: Purpose; Limitations
3
In order to provide the flexibility necessary to achieve the objectives of this title,
specified uses are permitted in certain districts subject to the granting of a
conditional use permit. Because of their unusual or special characteristics,
conditional uses require review so that they may be located properly with respect
to the purposes of this title and with respect to their effects on surrounding
properties. The review process prescribed in this chapter is intended to assure
compatibility and harmonious development between conditional uses and
surrounding properties in the Town at large. Uses listed as conditional uses in
the various districts may be permitted subject to such conditions and limitations
as the Town may prescribe to insure that the location and operation of the
conditional uses will be in accordance with the development objectives of the
Town and will not be detrimental to other uses or properties. Where conditions
cannot be devised, to achieve these objectives, applications for conditional use
permits shall be denied.
12-16-7, Use Specific Criteria and Standards (in part)
A -14. Temporary business offices:
a. Offices for real estate agents shall be excluded.
b. The storage, sale, or display of merchandise on the premises shall occupy
less than ten percent (10 %) of the office's floor area.
c. Off street parking shall be provided in accordance with chapter 10 of this
title.
d. Signage shall be provided in accordance title 11, "Sign Regulations", of this
code.
e. The business and service activities and transactions of a temporary
business office may only be conducted for a limited time period, not to exceed
three (3) years. Unless the time period is limited to a shorter duration, the
approval of a conditional use permit for a temporary business office shall
expire and become void within three (3) years from the initial date of approval.
The planning and environmental commission may grant a subsequent
extension to a conditional use permit approval to allow a temporary business
office to continue activities and transactions beyond the original time period
limit, if the commission determines special circumstances and/or conditions
exist to warrant such an extension. An extension may only be granted for the
minimum time period necessary to facilitate specific redevelopment
construction activities that achieve the town's goals, policies, and objectives,
but in no event may such an extension be allowed for more than three (3)
years without additional review.
f. A conditional use permit approval for a temporary business office shall be
reviewed by the planning and environmental commission on an annual basis
to verify the applicant's compliance with the conditions of approval.
B. Lionshead Redevelopment Master Plan
Policy Objectives
4
The Town Council adopted six policy objectives on November 4, 1996 to outline
the important issues to be addressed in the master plan and to provide a policy
framework for the master planning process.
2.3.1 Renewal and Redevelopment
Lionshead can and should be renewed and redeveloped to become a warmer,
more vibrant environment for guests and residents. Lionshead needs an
appealing and coherent identity, a sense of place, a personality, a purpose, and
an improved aesthetic character.
2.3.2 Vitality and Amenities
We must seize the opportunity to enhance guest experience and community
interaction through expanded and additional activities and amenities such as
performing arts venues, conference facilities, ice rinks, streetscape, parks and
other recreational improvements.
V. ZONING ANALYSIS
Zoning: Lionshead Mixed Use 1 District
Land Use Plan Designation: Lionshead Redevelopment Master Plan Area
Current Land. Use: Temporary Business Office
Development Standard Required Proposed
Parking 14,6 spaces 21.13 spaces (no change)
As this conditional use permit request only affects the use of an existing tenant space
and does not propose any exterior changes to the existing building; this conditional use
permit proposal does not alter the existing lot area and site dimensions, setbacks,
building height and bulk, density, gross residential floor area (GRFA), site coverage, or
landscaping and site development. The only development standard affected, other than
use, is parking. This proposal increases the parking demand for this tenant space from
12.5 to 14.6 parking spaces. The existing Treetops commercial building currently has
surplus parking, and if this proposal is approved', the Treetops commercial building will
still exceed its minimum parking requirement by 6.53 parking spaces.
VI. SURROUNDING LAND USES AND ZONING
Land Uses Zoning
North: Mixed Use General Use District
South. Open Space Natural Area Preservation District
East: Residential Lionshead Mixed Use 1 District
West: Mixed Use Lionshead Mixed Use 1 District
VII. REVIEW CRITERIA
Before acting on a conditional use permit application, the Planning and Environmental
Commission shall consider the following factors with respect to the proposed use:
1. Relationship and impact of the use on the development objectives of the Town.
Staff believes the approval of the conditional use permit extension for "temporary
business office" uses on the first floor of the Treetops Building is consistent with the
intent, purpose, and standards of the Vail Town Code. The purpose of a temporary
5
business office conditional use permit is not to allow the permanent relocation of a
business office use to a location not generally allowed by the zoning standards of the
Lionshead Mixed Use 1 District. Instead it is anticipated that once redevelopment
construction activities are completed, a temporarily displaced business office will return
to its original development site or to a new permitted location.
At this time, Vail Resorts will not be constructing replacement office spaces at either the
Arrabelle or North Day Lot properties. Instead Vail Resorts is proposing to construct a
permanent location for the temporary Treetops business offices at the future Ever Vail
project in west Lionshead.
Since a permanent location for the business office displaced by the Arrabelle
development project have not yet been constructed, Staff recommends approval of the
applicant's request to extend the existing temporary business office conditional use
permit until 2012.
2. The effect of the use on light and air, distribution of population, transportation
facilities, utilities, schools, parks and recreation facilities, and other public
facilities needs. °
i
Staff does not believe this proposal will have a significant negative effect on the above
criteria in comparison to existing conditions.
3. Effect upon traffic with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow from the street and parking areas.
As this proposal exceeds the minimum parking standards of the Vail Town Code, Staff
does not believe this proposal will have a significant negative effect on the above criteria
in comparison to existing conditions.
4. Effect upon the character of the area in which the proposed use is to be located,
including the scale and bulk of the proposed use in relation to surrounding uses.
This proposal does not involve any exterior changes to the existing Treetops Building.
Therefore, Staff does not believe this proposal will have significant negative effects upon
the architectural character of the surrounding area. However, Staff also believes that j
any permanent, or quasi- permanent, establishment of office uses on the first floor of the
Treetops Building will be detrimental to the retail character of the neighborhood.
Vlll. STAFF RECOMMENDATION
The Department of Community Development recommends the Planning and
Environmental Commission approves this amendment to an existing conditional use
permit, pursuant to Section 12- 16 -10, Amendment Procedures, Vail Town Code, to allow
for the extension of an existing temporary business office conditional use permit, located
at 450 East Lionshead Circle (Treetops Building)/Lot 6, Vail Lionshead Filing 1, and
setting forth details in regard thereto. Staff's recommendation is based upon the review
of the criteria described in Section VII of this memorandum and the evidence and
testimony presented.
6
Should the Planning and Environmental Commission choose to approve, with conditions,
this conditional use permit request, the Department of Community Development
recommends the Commission pass the following motion:
"The Planning and Environmental Commission approves this request for a final
review of an amendment to an existing conditional use permit, pursuant to
Section 12- 16 -10, Amendment Procedures, Vail Town Code, to allow for the
extension of an existing temporary business office conditional use permit, located
at 450 East Lionshead Circle (Treetops Building) /Lot 6, Vail Lionshead Filing 1,
and setting forth details in regard thereto."
Should the Planning and Environmental Commission choose to approve this conditional
use permit request, the Department of Community Development recommends the
Commission pass the following condition:
"1. The approval of this conditional use permit extension shall be valid until
August 30, 2012. "
Should the Planning and Environmental Commission choose to approve, with conditions,
this conditional use permit request, the Department of Community Development
recommends the Commission makes the following findings:
"Based upon the review of the criteria outlined in Section Vil this Staff
memorandum to the Planning and Environmental Commission dated March 9,
2009, and the evidence and testimony presented, the Planning and
Environmental Commission finds:
1. The proposed temporary business office, located at 450 East Lionshead
Circle (Treetops Building), is in accordance with the purposes of the Zoning
Regulations and the Lionshead Mixed -Use 1 District as referenced by Section
IV of this Staff memorandum to the Planning and Environmental Commission
dated March 9, 2009.
2. The proposed temporary business office, located at 450 East Lionshead
Circle (Treetops Building), and the conditions under which it will be operated
or maintained are not detrimental to the public health, safety, or welfare or
materially injurious to properties or improvements in the vicinity.
3. The proposed temporary business office, located at 450 East Lionshead
Circle (Treetops Building), does comply with each of the applicable provisions
of Chapter 12 -16, Conditional Use Permit, Vail Town Code, as referenced by
Section IV of this Staff memorandum to the Planning and Environmental
Commission dated March 9, 2009."
IX, ATTACHMENTS
A. Vicinity Map
B. Applicant's Request
7
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- .c."+��,�e �'{P '� # e ��'. � y ��' is�Q.,�,`'�A..r. wit.. d � � t :�
Attachment B
Addendum to Conditional Use Permit Application of Buffalo Properties Group, LLC, for
Lionshead Mixed Use (LMU -1) District.
Description of Proposed Use
The application is for a continuation of the existing use. Previous Conditional Use Permits
affecting the property reflect all anticipated uses of the property. Property has recently been
brought in conformance with applicable fire codes and fire sprinkler system requirements at a
cost in excess of $217,000. All leasehold improvements were constructed under permit and
supervision of town staff, and are assumed to meet all applicable building standards.
Background on the TreeToys Plaza and Garage Building
Prior to granting of prior Conditional Use Permits the property was configured and sporadically
occupied as retail commercial space. The existing office space will not be modified under this
application. The Current Conditional Use Permit was approved August 25, 2008, by the Planning
and Environmental Commission, and shall be reevaluated by the Planning and Environmental
Commission in May of 2009. This action was confirmed by Appeal to the Town Council on
October 7, 2008.
Zoning Considerations
The proposed extension and renewal of Conditional Use Permits will not involve any changes to
the interior or exterior of the Building. There are no changes to square footage, site coverage,
building height, parking requirements or employee housing requirements.
C.U.P. Review Criteria
The following criteria are to be used in evaluating a conditional use request:
1. Relationship and impact of the use on development objectives of the town.
Response: The continuation of the existing use serves to minimize the disruption caused by
ongoing redevelopment of the Lionshead area. The use of the building by Vail Resorts
Mountain Operations enhances and facilitates the smooth operation of the resort skiing
operation, for the benefit of the entire town.
2. Effect of the use on light and air, distribution of population, transportation facilities,
utilities, schools, parks and recreation facilities, and other public facilities and public
facilities needs.
Response: No adverse affects are anticipated on these considerations, continuation of an
existing use.
3. Effect upon traffic, with particular reference to c ac ion, auto eoab andaem of
safety and convenience, traffic flow and control, r
snow from the street and parking areas.
Res onse: No adverse affects are anticipated on these considerations, continuation of an
existing use.
0 l,
4. Effect upon the character of the area in which the proposed use is to be ocated including
the scale and bulk of the proposed use in relation to surrounding areas.
o adverse affects are anticipated on these considerations, continuation
of an
Resp N
existing use.
5. Such other factors and criteria as the commission deems applicable to the proposed use.
gg vow None
6. The environment impact report concerning the proposed use, if an environmental impact
report is required by Chapter 12 of this title.
Res onse: No environment impact report is required for continuation of this existing and
proposed use.
a
t
MWNO VVK
TO: Town Council Town Manager
FROM: Stan Zemler
RE: Lionshead Parking Structure Agreement
DATE: March 17, 2009
Background
On October 16, 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. com
'.� RECYCLM 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 "TIP) 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.
Staff requests Council provide direction on which of the above stated options it whish to
pursue.
2
Memorandum
To: Town Council
From: Art in Public Places
Date: 1 April 2009
Subject: Art in Public Places Information Update
Art in Public Places Program Summary
The Town of Vail Art in Public Places program was established in 1989 to enhance the
beauty of the community. Art in Public Places Guidelines call for the development of a
public art program unique to Vail. AIPP Board members work diligently to fulfill the
program objectives.
AIPP Winter Activities
Art in Public Places hosted a number of successful events this past winter. Artists
taught 80 local school children, including special needs students, how to make
sculptures using the lost wax process. Bronze sculpture workshops and metal casting
performances held on International Bridge attracted large crowds.
AIPP raised approximately $11,000
for Triumph Winterfest, adding to the
seed money provided by Triumph
Development. The illuminated ice
sculpture became the highlight of
any nighttime visit to Vail, Gore
Creek Promenade merchants
attributed more daytime and
nighttime activity to Winterfest. A
r..
photo of the sculpture, which melted
in early March, appeared in the New
York Times. Sculpture magazine is
featuring Triumph Winterfest in their
July /August issue.
Conduit by Lawrence Argent S Scott Rella
Anyone wanting to be kept informed about public art events and activities taking place in
Vail can now subscribe to AIPP's e-mail list. The initiative was launched in conjunction
with Vail Library's 25' anniversary celebration when a series of art activities and
demonstrations brought people into town during the off - season. Participants provided
email addresses and asked to be kept posted of future activities like Helmut Fricker's
bookbinding demonstration.
Summer Public Art Exhibitions, Events & Activities
This summer, AIPP is offering a full schedule of visual art exhibitions, events and
activities. Denver Art Museum (DAM) is lending a sculpture to Vail for one year. The
work, by world renowned artist Bernar Venet, will be exhibited in Ford Park. Painters of
all abilities will be invited to participate in the 2 nd Annual Ford Park Outdoor Painting
Contest. The winning painting must include a depiction of the DAM sculpture. A second
art exhibition, featuring the work of Dallas based sculptor George Tobolowsky, will take
AIPP Update
Cont.
place on International Bridge. On July 3, Mayor Dick Cleveland will preside over a public
dedication ceremony for Meadow Drive's new entry feature. The pair of sculptures are
being paid for in part by Vail Plaza Hotel. In late July there will be another chance to
make bronze bell sculptures and watch as artists cast the bells on the streets of Vail.
Dates for a summer walking tour, that aims to bring attention the public art collection and
Vail's art galleries will be finalized in coming weeks.
AIPP continues to partner with businesses and organizations in order to maximize
exposure and reduce the cost to host art
activities. This summer, Denver Art Museum is
lending Vail a sculpture valued at $200,000.
Colorado Mountain College will help publicize
metal casting workshops and performances and
i °.. will offer a three day course for anyone interested
in learning more about the 5,000 year old casting
process. Vail International Gallery is supporting
AIPP's outdoor painting contest by displaying the
winning painting in the gallery for one week.
Artist, George Tobolowsky is donating a
sculpture to the BRAVO benefit auction. In
return, BRAVO will help publicize the
International Bridge exhibition. AIPP and Betty
Ford Alpine Gardens are co- hosting an afternoon
of activities that will celebrate the beginning of
summer. Vail Beaver Creek Magazine is
providing media support for the event. Festivities
will include a reception to thank supporters.
228.5° Arc x 5, Bernar Venet
Denver Art Museum
Budget
AIPP's 2009 budget, approved by the town council, includes $7,000 for summer
exhibitions, an additional $7,000 for summer activities and $10,000 for an art
symposium. In March, Art in Public Places approved the attached detailed budget for
summer exhibitions and activities. The cost of the summer program is $14,252.
However, the expenditure is expected to generate $4,000 in bronze bell sales. A $30
fee will be charged to those wishing to participate in the metal workshop. Sponsors are
being sought to offset the cost to advertise and promote the events.
Future Activities
AIPP plans on holding a retreat this summer to evaluate the strategic direction
introduced in 2006. The Board is mindful of ways it can contribute to Vail's economic
goals and fill gaps in the events calendar. The period between Thanksgiving and New
Years is of particular interest. Also in the planning stage is the next Triumph Winterfest.
The Board has been studying locations for Jesus Moroles Granite Amphitheater. The
artist will visit Vail in May to evaluate the sites.
2
Art in Public Places
Summer 2009 Event & Exhibition Budget
Denver Art Museum Loan
Transportation 1,220 one way
Bravo Program 1/4 page ad 725
Graphic Design 100
Contingency 200
Total $1,945
International Bridge Exhibition
Transportation 750 one way
Concrete 250
Contingency 100
Total $1,100
Summer Solstice Event & Reception
Plain Air Painting Contest 0
Music at reception 350
Vail Daily ads 300
Total $650
Bronze Pour Workshop & Performance
Artist fee 9,307
60 workshop participants & 20 bells wl logo
Sand 350
Advertising 350
Ad graphic design 100
Clean up 150
Contingency 100
Total $10,357
Meadow Drive Entry Dedication
Graphic design & advertising 150
Refreshments 50
Total $200
Summer Event Rack Card
Graphic design 125
Printing 550
Total $675
Estimated Income
Estimated fundraising
Workshop income 60 @$25 $1,500
Bell Sales $4,000
2010 Expenses
Transport Arc 228.5 to Denver $1,220 estimate
Transport allowance Tobolowsky $750
3
FEBRUARY 2009
SOWN OF SAIL j 7 VAIL BUSINESS REVIEW
April 2, 2009
Overall February sales tax decreased 17.2% with Retail decreasing 16.8 %, Lodging decreased 22.6 %, Food and
Beverage decreased 12.2% and Utilities /Other (which is mainly utilities but also includes taxable services and
rentals) decreased 5.9 %.
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-
2119.
Sincerely,
&jC.v ��
Sally Lorton
Sales Tax Administrator
I
February 2009 Sales Tax
VAIL VILLAGE
February February February
2008 2009 %
Collections Collections Change
Retail 399,419 281,604 -29.5%
Lodging 540,044 440,495 -18.4%
Food &
Beverage 402 352,110 -12.6%
Other 11,586 10,717 -7.5%
Total 1,353,781 1,084,926 -19.9%
LIONSHEAD
February February February
2008 2009 %
C ollections Collecti Change
Retail 185,295 160,873 -13.2%
Lodging 398,489 324,183 -18.6%
Food &
Beverage 135 121,781 -9.9%
Other 17,453 8,770 -49.8%
Total 736,327 615,607 - 16.4%
February 2009 Sales Tax
CASCADE VILLAGEIEAST VAIUSANDSTONEIWEST VAIL
February February February
2008 2009 %
Collections Collections Chan
Retail 211,903 197,915 -6.6%
Lodging 284,809 196,642 -31.0%
Food &
Beverage 95,427 82,082 -14.0%
Other 4 3 -14.8%
Total 596,616 480,453 -19.5%
OUT OF TOWN
February February February
2008 2009 %
Collections Collections Change
Retail 48 63 29.5%
A
Lodging 68,611 38 -43.9%
Food &
Beverage 2,481 2,244 -9.6%
Utilities & 264,333 256,855 -2.8%
Other
Total 384 360,915 -6.1%
February 2009 Sales Tax
TOTAL
i
February February February
2008 2009 %
Collections Collec Change
i
Retail 845,517 703,709 -16.8%
Lodging 1,291,953 999,819 -22.6%
Food &
Beverage 635,730 558,217 -12.2%
Utilities & 297,849 280,156 -5.9%
Other
Total 3 2,541,901 -17.2%
a
i
RETAIL SUMMARY
February February February
2008 2009 %
Collections Collections Change
FOOD 150,521 140,941 -6.4%
LIQUOR 49,308 47,571 -3.5%
APPAREL 111,730 89,866 - 19.6%
SPORT 393,891 297,772 -24.4% i
JEWELRY 30,305 18,915 - 37.6%
GIFT 11,683 9,042 - 22.6%
GALLERY 7,670 3,508 - 54.3%
I
OTHER 89,771 95,737 6.6%
I
HOME 638 357 -44.0%
OCCUPATION
TOTAL 845,517 703,709 -16.8%
I
I
I
MEMORANDUM
March 24, 2009
To: Vail Town Council
Stan Zemler
Pam Brandmeyer
Judy Camp
From: Sally Lorton
Re: February Sales Tax
On the reverse side please find the latest sales tax worksheet. I estimate I'll collect i
another $57,000.00 in February sales tax to bring February collections to $2,578,575.00.
If so, we will be down 16.05% or $493,040.00 from February 2008 and down 10.43% or
$300,375.00 from budget. The ski season, November — February, is down 11.34 % or
$1,090,749.00 from last ski season.
February lift tax is down 10.4% or $79,288.00 from February 2008.The ski
season, November — February, is down 3.6% or $77,091.00 from last ski season.
Town of Veil
Sales Tax Worksheet
3/24/2009
%cNNge %CM.pr
2009 tb{1rr 0M
Month 12M im 2000 2001 ]001 29M 2004 2005 2005 2007 2068 &,A9er COMIctiDns VMrep 2001 A dir.r
l Jmuwv 2,115,359 2,066,459 2,034,529 2.210,547 2,073,481 1,997,091 2.225,841 2,276,967 2,597,985 2,783.306 2,976.655 2,789,946 2,576.957 1212,9891 - 13.43% -7.63%
t ld T.0 2,16 3,121 2,021,486 2,223,670 2,366.321 2.281,833 2,111,163 2,362,825 2,429,377 2,527,130 2,718.643 3,071.615 2,878,950 2,521,575 1357,3741 - 17.91% - 12.41% 4,269,480 4,087,945 4,258,199 4.576.868 4,355.314 4,108,254 4,588.886 4,705,3" 5.125,115 5,501,949 6.048,270 5,688,896 5,098,532 370,384 -15.70% - 10.06%
March 2,368,077 2,415,202 2,545,573 2,568,871 2,699,664 2,372,942 2,3 44,178 2,785101 2,852,954 2.986.446 3,327.304 3,018,601
April 1,107,334 952,643 926,771 1,043,431 870,875 871,468 992,157 915.554 1,280.324 1,330,740 1,098,916 1,129,989
Mey 382,718 370,864 388,121 448,234 414,248 428,919 411,595 458.770 "9,283 545,874 622,103 583.082
Jun. 633,400 692.811 721,774 751,439 657,707 742,755 732.113 834,913 805.362 953.017 918,061 860,476
July 1,107.882 1,130,883 1,235.470 1,157,867 1,044.966 1,075,532 1,128,514 1,166,183 1,255.243 1,265,781 1,397,842 1,310,163
August 1,183.926 1,050,004 1,038.516 1,124,275 1,084,318 1,029, 4.46 994,445 993.985 1,055.614 1,162.746 1,349,795 1,265,130
s.pt -W, 735,608 806,600 817.313 747,766 713,574 679,208 757,033 795,807 832,549 908,318 834,569 782,221
October 515,531 536,204 547,201 486.570 484,425 508,092 532.537 566,173 614,396 688,519 662.767 621.195
November 656.596 582,260 691, 445 571,783 642,293 591,269 623,646 713,117 799,582 747,877 719,109 674,003
Deemttser 2,070,834 1,883.806 2,062,205 1,933,940 2,138,417 2,171,098 2,362,095 2,648,032 2,771,258 2,821,871 2,552,8281 2,486,243
Total 15,030,386 14,509,421 15,232.588 15.411,044 15.106.801 14.578.983 15,466.979 16.483,979 17,841.680 18,913,138 19,631,368 18.400,000 5.098,532
MEMORANDUM
To: Vail Town Council
From: Department of Public Works
Subject: Parking Recommendations Summer 2009
Date: April 7, 2009
The Public Works Department will implement for the summer of 2009 the actions taken
last year summer regarding parking management at the Village Parking Structure. This
entails managing entry into the structures to a limited number of users during the early
stages of the morning. This in turn allows space availability later in the day.
Last year's scenario was as follows regarding limited entries.
6:00 a.m. - 7:00 a.m., 100 entries
7:00 a.m. - 8:00 a.m., 100 entries
8:00 a.m. - 10:00 a.m., 200 entries
The top deck of the structure will be blocked off until 10:00 am as well.
The town will also work with various businesses that need to provide access to
employees or customers in the early hours to accommodate entry.
Vail Resorts has once again allowed the town to use their property at the Golden Peak
base area for temporary construction parking. The town will apply for Design Review
Board (DRB) approval for this temporary use. This lot will be available around June 15,
2008, once the snow melts and the area becomes dry enough to use. The town also will
have the Wendy's lot available. The combination of these two sites is 250 spaces. Many
of the construction companies using vanpools this winter are anticipating using their vans
this summer. Vans will be given entrance to the parking structure during the restricted
entry times.
Staff will provide an additional bus from 6:30 a.m. -8:00 a.m., Monday to Friday, to
augment the Wendy's lot and provide 15 minute in -town service in the early morning
hours.
Staff will monitor the LionsHead Structure to determine if restrictions need to take place
at LionsHead as well.
In addition, to the restrictions at the Village Parking Structure, Ford Park will be
managed on those days previously identified in the annual Ford Park Managed Parking
plan.
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TOWN OF VAIL
REVENUE HIGHLIGHTS
March 31, 2049
Sales Tax
When all sales tax returns are received for the month of February, collections for the
month are expected to be $2,578,575 down 16% from February, 2008 and 10.4% down
from the 2009 budget. The ski season so far (Nov — Feb) is down 11.3% from last ski
season. Inflation as measured by the consumer price index was flat, or .2% for the month
of February compared to prior year.
Use Tax
Use tax collections as of March 31, 2009 total $22,889, a 23% decrease from this time
last year. Full year 2008 collections totaled $608,483.
Construction Permit Fee Revenue
Construction permit revenue through March 31 totals $172,584 down 56% from 2008,
which is currently pacing with the 2009 budget. The decrease in activity from the prior
year is due to major redevelopment projects underway in 2008. Major redevelopment
projects so far this year make up 76% of the total. Revenue from non -major projects is
down 51 % from 2008.
Real estate Transfer Tax (RETT)
RETT collections through March 31, 2009, total $639,175. This amount is a 67%
decrease from last year due to both major and non -major redevelopment projects. The
2009 budget currently assumes a 31 % decrease in annual revenues.
At this time last year, the town had collected over $1.1 million in RETT from sales of
major redevelopment projects such as Arrabelle, Forest Place, One Willow and the Vail
Plaza, Year -to -date 2009 has seen limited sales from major redevelopment projects and
is down 75 %. Collections not related to major projects year -to -date are 23% down from
this time last year.
ParkinE Revenue
Year -to -date daily sales (from the parking structures) total $3.1 million, up 19% from the
first three months of 2008. Parking transactions are flat with 2008.
090331 Revenue Highlights - 1 -