HomeMy WebLinkAbout2009-05-19 Agenda and Support Documentation Town Council Work Session
VAIL TOWN COUNCIL
WORK SESSION AGENDA
(TF YAM +
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
11:00 A.M., MAY 19, 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.
Public comments on work session item may be solicited by the Town
Council
1. ITEM/TOPIC: Solaris / Site Visit (30 min.)
PRESENTER(S): Warren Campbell / Dominic Mauriello
2. ITEM/TOPIC: Vail Valley Drive / SiteVisit. (10 min.)
3. ITEM/TOPIC: Vail Golf Course / Site Visit. (15 min.)
4. ITEM/TOPIC: PEC/DRB Update (15 min.)
PRESENTER(S): Warren Campbell
5. ITEM/TOPIC: Lunch. (45 min.)
6.
ITEM/TOPIC: Sustainable Building Initiative Discussion. (30 min.)
PRESENTER(S): Kristen Bertuglia
ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council
provide policy direction and feedback to the draft Sustainable Building Program
outline. It is also requested that the Vail Town Council review the proposed options
for an outdoor energy use mitigation program and provide policy direction on the
level of involvement the Town should have in addressing greenhouse gas
emissions related to outdoor energy use.
BACKGROUND: Sustainable Building Initiative Committee: Martin Haberle, Chris
Gunion, Stan Hahn, Kristen Bertuglia, Rachel Friede, Bill Carlson Goal: To both
incorporate sustainable building and design practices into the Town code and
create a user-friendly guide/checklist for Sustainable Building Initiative (SBI)
elements in order to effectively achieve the Town's adopted goals of reducing
community energy consumption by 20% by 2020, and decreasing landfill
contributions by 10% within 5 years and 25% within 10 years. Purpose: The
purpose of this initiative is to protect the Town of Vail public and environmental
health, safety and welfare by regulating residential construction with the intent to
conserve energy, water and other natural resources, preserve and protect the
health of our environment through optional and mandatory requirements related to
design, construction, operations, recycling, and deconstruction.
STAFF RECOMMENDATION: Staff recommends that the Sustainable Building
Initiative go forward as proposed. The Initiative includes both mandatory and
optional measures: 1) the adoption of the 2009 International Energy Conservation
Code, plus a 5% mandatory improvement in energy savings, verified by Rescheck
software; 2) mandatory measures in waste diversion and recycling 3) landscape
and irrigation requirements and options 4) water conservation requirements and
options, and 5) sustainable building material requirements and options.
7. ITEM/TOPIC: Review of response to the Town of Vail's Request for Bids
(RFB) for a qualified professional survey firm to provide surveying services
for public stream tracts along Gore Creek and the primary tributaries in the
Town of Vail. (10 min)
PRESENTER(S): Tom Kassmel
ACTION REQUESTED OF COUNCIL: Provide Staff with direction on whether or
not to proceed with the award of a contract and/or notice to proceed with the
survey work as identified in the RFB.
BACKGROUND: At the Vail Town Council's request, on April 1, 2009, a Request
for Bids (RFB) was released by the Town of Vail to solicit the services of a
professional survey firm to survey public stream tracts along Gore Creek and the
primary tributaries in the Town of Vail. Sixteen (16) responses have been received.
Staff has reviewed the responses and has prepared it's recommendation to Town
Council.
STAFF RECOMMENDATION: Staff recommends the Town of Vail engage the
services of Peak Land Consultants, Inc. to complete the work identified above.
8. ITEM/TOPIC: Gore Valley Trail Alternatives through Vail Valley Drive area.
(30 min.)
PRESENTER(S): Chad Salli / Tom Kassmel
ACTION REQUESTED OF COUNCIL: Listen to presentation of path alternatives,
provide comment and direction.
BACKGROUND: The Gore Valley Trail runs thru the Vail Valley on the south side
of the interstate, winding along Gore Creek until is reaches the Vail Village at
which point it diverges south from the creek and goes behind Mountain Plaza and
Gold Peak. Just east of Gold Peak and Ski Club Vail it converges with Vail Valley
Drive and runs east to Sunburst Drive, past the Gold Course Club house to the
Sunburst cul-de-sac where it then separates from the public road and passes thru
the Golf Course. Since the adoption of the Recreation Path Master Plan in 1989,
the sections along Vail Valley Drive and Sunburst have been identified as safety
concerns since there is no pedestrian accommodations. The design plans for Vail
Valley Drive since 1998 has been to add an attached concrete recreational path to
the public road. This past winter staff has revisited alternatives for this path
alignmenet and will present them to council for feedback and direction.
STAFF RECOMMENDATION: Provide feedback and direction to staff.
g. ITEM/TOPIC: Discussion of the First reading of Ordinance No. 13, Series of
2009, an ordinance amending the approved development plan for Phase IV
of Special Development District No. 6, Vail Village Inn, pursuant to Article
12-9A-10, Amendment Procedures, Vail Town Code, to allow for the
conversion of two existing fractional fee club units to dwelling units and the
conversion of one dwelling unit to a fractional fee club unit, located at 16
Vail Road (Vail Plaza Hotel) / a portion of Lots M, N, and O, Block 5D, Vail
Village Filing 1, and setting forth details in regard thereto. First reading of
Ordinance No. 13, Series of 2009, an ordinance amending the approved
development plan for Phase IV of Special Development District No. 6, Vail
Village Inn, pursuant to Article 12-9A-10, Amendment Procedures, Vail
Town Code, to allow for the conversion of two existing fractional fee club
units to dwelling units and the conversion of one dwelling unit to a fractional
fee club unit, located at 16 Vail Road (Vail Plaza Hotel) / a portion of Lots
M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in
regard thereto. (45 min.)
PRESENTER(S): Bill Gibson
ACTION REQUESTED OF COUNCIL: Approve, approve with modificaitons, or
deny Ordinance No. 13, Series of 2009, on first reading.
BACKGROUND: The Planning and Environmental Commission held public
hearings to discuss this request on April 27 and May 11, 2009. On May 11, 2009,
the Planning and Environmental Commission voted 7-0-0 to forward a
recommendation of approval.
STAFF RECOMMENDATION: The Planning and Environmental Commission
forwards a recommendation of approval to the Town Council for this amendment to
a special development district, and setting forth details in regard thereto.
10. ITEM/TOPIC: Discussion of Resolution No. 14, a resolution approving the
increased fees in the provision of fire protection services out of town limits;
and setting forth details in regard thereto. (5 min.)
PRESENTER(S): Judy Camp / Mike McGee
ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or
deny Resolution No. 14 increasing the fees charged for fire protection services
outside of town limits. No formal action is required on other fees, which are
presented for Town Council's review before implementation.
BACKGROUND: Town Council has asked for a review of fees charged for town
services to assure the town's costs are recovered. Fees currently charged do not
recover the town's costs. The proposed fee schedule increases fees to a level
appropriate for 2009.
STAFF RECOMMENDATION: Approve Resolution No. 14 as presented.
11.
ITEM/TOPIC: Discussion of Resolution No. 16, Series of 2009, a Resolution
Approving the Increase in the Fee Schedule for Vail Fire & Emergency
Services; and Setting forth Details in Regard Thereto. (5 min. )
PRESENTER(S): Judy Camp / Mike McGee
ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or
deny Resolution No. 16 increasing the fee schedule for Vail Fire and Emergency
services.
BACKGROUND: The Town has adopted the International Fire Code (the "Fire
Code") under Title 10 of the Town of Vail Municipal Code. The Fire Code provides
that a fee be paid for each permit in accordance with the schedule as established
by the appicable governing authority. Periodically such fees should be adjusted to
reflect the cost of the provisions of such services and to compensate for inflation.
STAFF RECOMMENDATION: Approve Resolution No. 16, Series of 2009.
12. ITEM/TOPIC: Information Update.
--Summer Vista Bahn Service Update.
--Vail Village Master Plan Amendment Debrief. (15 min.)
PRESENTER(S): Pam Brandmeyer
13. ITEM/TOPIC: Matters from Mayor and Council. (15 min.)
PRESENTER(S): Town Council
14. ITEM/TOPIC: The purpose of this memorandum is to share information regarding
Segways@. (15 min.)
PRESENTER(S): Steve Wright
ACTION REQUESTED OF COUNCIL: Town Council may choose to direct Staff
to pursue amendments to the Town Code to allow for balancing scooters on bike
and pedestrian paths, return with additional information, or take no action.
BACKGROUND: On May 5, 2009, Town Council directed Staff to place the item
on the May 19, 2009 Town Council work session agenda, following citizen input
regarding Segways@.
STAFF RECOMMENDATION: The purpose of this memorandum is to share
information regarding Segways@. This memorandum is for information purposes
only, therefore no Staff recommendation is included.
15. ITEM/TOPIC: Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(b) -
to receive legal advice on specific legal questions, Re: update from the
Town Attorney on pending and/or threatened litigation and other Town legal
matters. (25 min.)
PRESENTER(S): Matt Mire
16.
ITEM/TOPIC: Adjournment. (3:50 p.m.)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT OT CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL
BEGIN AT TBD, TUESDAY, JUNE 2, IN THE VAIL TOWN COUNCIL
CHAMBERS.
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 19, 2009
ITEM/TOPIC: Solaris / Site Visit
PRESENTER(S): Warren Campbell / Dominic Mauriello
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 19, 2009
ITEM/TOPIC: Vail Valley Drive / SiteVisit.
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 19, 2009
ITEM/TOPIC: Vail Golf Course / Site Visit.
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 19, 2009
ITEM/TOPIC: PEC/DRB Update
PRESENTER(S): Warren Campbell
ATTAC H M ENTS :
May 6, 2009 DRB Results
May 11, 2009 PEC Results
DESIGN REVIEW BOARD AGENDA
. PUBLIC MEETING
~M ay 6, 2009
lVt~~TY1~~r VAL ~ Council Chambers
75 S. Frontage Road - Vail, Colorado, 81657
PROJECT ORIENTATION 1:30pm
MEMBERS PRESENT MEMBERS ABSENT
Mike Dantas
Tom DuBois
Pete Dunning
Brian Gillette
Libby Plante
SITE VISITS 2:00pm
1. Gonzales Residence, 1628 Golf Terrace, Unit B
2. Chateau Christian, 356 Hanson Ranch Road
3. Vail Sports, 244 Wall Street
4. South Frontage Road (US Bank), 108 South Frontage Road
PUBLIC HEARING - TOWN COUNCIL CHAMBERS 3:00pm
1. Ritz-Carlton Residences DRB090058 / 5 minutes Rachel
Final review of a sign (display box)
288 Bridge Street/Lots E& F, Block 5A, Vail Village Filing 1
Applicant: Kevin Roth
ACTION: Approved
MOTION: Dantas SECOND: DuBois VOTE: 5-0-0
2. Winfield Residence DRB090069 / 5 minutes Nicole
Final review of a minor exterior alteration (farade)
2635 Larkspur Lane/Lot 2, Block 2, Vail Intermountain
Applicant: Craig and Kathleen Winfield
ACTION: Approved
MOTION: Dantas SECOND: Gillette VOTE: 5-0-0
3. Chateau Christian DRB090073 / 15 minutes Nicole
Final review of a minor exterior alteration (windows)
356 Hanson Ranch Road/Block 2, Vail Village Filing 1
Applicant: J. Krueger and Company
ACTION: Approved with condition
MOTION: Gillette SECOND: Dantas VOTE: 4-1-0 (DuBois opposed)
CONDITION(S):
1. Approved per plans date stamped May 6, 2009 as presented at the public hearing. All
windows, with the exception of the sliding doors, shall include divided lites.
4. South Frontage Road DRB090078 / 15 minutes Nicole
Final review of a minor exterior alteration (streetscape and parking lot)
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108 South Frontage Road West (US Bank)/Lot D2, Resubdivision Lot D Vail Village Filing 2
Applicant: Town of Vail, represented by Tom Kassmel
ACTION: Approved with conditions
MOTION: Gillette SECOND: Plante VOTE: 5-0-0
CONDITION(S):
1. The applicant shall submit a design review application for the new railing which will
be installed adjacent to the bus shelter for review and approval by the Design Review
Board prior to installation.
2. The applicant shall offer to install a minimum of three trees (not to include irrigation)
adjacent to the retaining walls to mitigate their impact should the Scorpio Building
ownership desire to have them planted on their property.
5. Gonzales Residence DRB090061 / 15 minutes Bill
Conceptual review of an addition (laundry and bedroom)
1628 Golf Terrace, Unit B/Lot 1 B, Warren Pulis Subdivision
Applicant: Cupid LTD, represented by Sawatch Land Co
ACTION: Conceptual, no vote
3. Vail Sports DRB090075 / 15 minutes Bill
Conceptual review of an addition (retail)
244 Wall Street/Parcel 2, A Resubdivision of Part of Lot C, Block 5C, Vail Village 1st Filing
Applicant: Vail Resorts, represented by Todd Architecture
ACTION: Conceptual, no vote
STAFF APPROVALS
First Bank Building DRB090056 Rachel
Final review of changes to approved plans (exterior materials)
2271 North Frontage Road West/Lot 1, Vail Das Schone Filing 1
Applicant: First Bank, represented by Charleton Jeffrey
Dockstader Residence DRB090062 Nicole
Final review of an addition (bedroom, stair & mud room)
3987 Lupine Drive, Unit B/Lot 8, Bighorn Subdivision
Applicant: Snowdon & Hopkins Architects
Arrabelle DRB090068 Nicole
Final review of a sign
675 Lionshead Place/Lot 2, Block 1, Vail Lionshead Filing 3
Applicant: Vail Corp
Fleischer Residence DRB090070 Bill
Final review of a minor exterior alteration (windows & door)
508 East Lionshead Circle, Unit 602/1-ot 2, Block 1, Vail Lionshead Filing 1
Applicant: William Fleischer, represented by TNT Renovations
Cohen Residence DRB090072 Bill
Final review of changes to approved plans (dormer & windows)
265 Beaver Dam Road/Lot 40, Block 7, Vail Village Filing 1
Applicant: David and Elizabeth Cohen
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The Wren DRB090074 Nicole
Final review of a minor exterior alteration (pool guard)
500 South Frontage Road West/Unplatted
Applicant: The Wren, represented by Ago Studios
Elite Electronic Design DRB090077 Rachel
Final review of a sign (awning)
12 Vail Road/Lot N, Block 5D, Vail Village Filing 1
Applicant: Elite Electronic Design, represented by Brad Ryan
Four Seasons Hotel Condo DRB090079 Warren
Final review of changes to approved plans (deck)
1 Vail Road/Lot B& C, Vail Village Filing 2
Applicant: Black Diamond Resorts, represented by Douglas Hipskind
Cottontop LLC Residence DRB090081 Rachel
Final review of a minor exterior alteration (hot tub)
520 East Lionshead Circle, Suite 308/1-ot 5, Block 1, Vail Lionshead Filing 1
Applicant: Maximum Comfort Pool & Spa
Fauland Residence DRB090082 Rachel
Final review of a minor exterior alteration (deck)
1711 Geneva Drive, Unit A/Lot 5, Matterhorn Village Filing 1
Applicant: Karl Fauland
The applications and information about the proposals are available for public inspection during regular office
hours in the project planner's office, located at the Town of Vail Community Development Department, 75
South Frontage Road. Please call 479-2138 for information.
Sign language interpretation available upon request with 24 hour notification. Please call 479-2356,
Telephone for the Hearing Impaired, for information.
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PLANNING AND ENVIRONMENTAL COMMISSION
May 11, 2009
OL 1:OOpm
T
rJWN TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Rollie Kjesbo
Michael Kurz
Scott Lindall
Sarah Paladino
Bill Pierce
Susie Tjossem
David Viele
Site Visits:
1. One Vail Place, 244 Wall Street
45 minutes
1. 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, and a recommendation to the Vail
Town Council of a major amendment to Special Development District No. 6, Vail Village Inn,
pursuant to Section 12-9A-10, Amendment Procedures, to allow for changes to the fractional fee
club unit designations within the Vail Plaza Hotel and Club, located at 16 Vail Road (Vail Plaza
Hotel)/ a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in
regard thereto. (PEC090011 and PEC090012)
Applicant: Vail Plaza Development, LLC
Planner: Bill Gibson
Conditional Use Permit
ACTION: Approved with condition(s)
MOTION: Kjesbo SECOND: Kurz VOTE: 7-0-0
CONDITON(S):
1. This conditional use permit approval is contingent upon the applicant obtaining Town
of Vail approval of the associated major amendment to a special development district
application.
2. This approval shall expire and become null and void on May 11, 2012, or upon the
issuance of a Temporary or Final Certificate of Occupancy for Unit 507 of the Vail Plaza
Hotel prior to said date. The applicant shall restore the subject fractional fee club units of
the Vail Plaza Hotel temporarily converted to dwelling units back to fractional fee club
units by no later than May 11, 2012; or within 7 calendar days of the issuance of a
Temporary or Final Certificate of Occupancy for Unit 507 of the Vail Plaza Hotel prior to
said date.
Maior Amendment to a Special Development District
ACTION: Recommendation of approval with condition(s)
MOTION: Kjesbo SECOND: Kurz VOTE: 7-0-0
CONDITON(S):
1. This approval shall expire and become null and void on May 11, 2012, or upon the
issuance of a Temporary or Final Certificate of Occupancy for Unit 507 of the Vail Plaza
Hotel prior to said date. The applicant shall restore the subject fractional fee club units of
the Vail Plaza Hotel temporarily converted to dwelling units back to fractional fee club
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units by no later than May 11, 2012; or within 7 calendar days of the issuance of a
Temporary or Final Certificate of Occupancy for Unit 507 of the Vail Plaza Hotel prior to
said date.
Bill Gibson gave a presentation of staff's recommendation of denial per the staff inemorandum.
Commissioner Pierce asked for clarification on the loading and delivery issue discussed at the
previous meeting and for a further explanation regarding staff's recommendation of denial.
Bill Gibson clarified staff's findings by going through the criteria found in the memorandum.
Valdir Prado, the applicant, requested that the Commission temporarily approve the conversion
of the subject FFU's to DU's to give him some time to resolve the hotel's bankruptcy situation.
He further added that he and his daughter are employees of the hotel, so the units could be
considered employee housing units. He requested that the recommended parking fee-in-lieu fee
be deferred until such time as the penthouse condominium receives a certificate of occupancy
since the 1.4 parking spaces required for the unit are currently not being used. He noted that
because the penthouse is not completed, there must be a surplus of parking at the hotel.
Commissioner Tjossem inquired as to when the parking pay-in-lieu fee should be collected.
Bill Gibson stated that the condition he was suggesting in the memo was within 5 business days
of the approval of the amendment to the SDD.
Jim Lamont, Vail Village Homeowners, asked for clarification regarding the use of the fees.
Bill Gibson stated that because this was a special development district, a fee-in-lieu could be
used to meet the applicant's new parking requirement and that use of the funds would be
determined by the Town Council.
Jim Lamont, added to the record that the loading and delivery system at the Vail Village Inn SDD
is yet to be fully functional. If the facility was fully functional it would resolve the controversial
truck loading and parking along East Meadow Drive. He suggested removing the stone
balustrade on the east side of the Vail Plaza Hotel project adjacent to Vail Village Inn Phase I I I to
make the loading and delivery system functional. He continued by describing other
improvements which would make the system functional.
Commissioner Kurz noted concerns that the proposal would be a grant of a special privilege if it
wasn't a temporary approval. He did not support assessing a parking pay-in-lieu fee or
requirements for loading and delivery improvements.
Commissioner Paladino supported a parking fee-lieu, but believed loading and delivery is a
separate issue from this proposal. She suggested a condition with a due date for the completion
of the penthouse dwelling unit.
Commissioner Pierce noted concerns about applying a parking pay-in-lieu fee outside the pay-in-
lieu area.
Bill Gibson clarified that the pay-in-lieu was an option for this proposal since the hotel is located
within a special development district.
Commissioner Tjossem noted her support for a temporary approval of the request and applying
a parking pay-in-lieu requirement.
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Commissioner Kjesbo agreed with Commissioner Tjossem.
Commissioner Viele asked if the proposed dwelling units would be considered employee
housing.
Bill Gibson clarified that the Town Code requires EHUs to be permanently deed restricted. The
applicant does not intend to deed restrict the existing FFUs, so by code the applicant is
requesting to the convert the FFUs to dwelling units.
Commissioner Lindall was comfortable with a temporary approval of the application and the
assessment of a parking pay-in-lieu fee.
Commissioner Pierce was comfortable with a temporary conversion, but felt a parking
requirement was not appropriate since the proposed conversion will not be permanent and that
the penthouse dwelling unit was not occupied.
Commissioner Kjesbo saw the parking pay-in-lieu fee as a public benefit.
Commission Kurz stated that the public benefit was that Mr. Prado was living on-site and helping
a property in distress.
Commissioner Pierce recommended only applying a parking requirement if the conversion
became permanent and Commissioner's Paladino and Kurz agreed.
The Commission requested that the Town Attorney come into the meeting and provide some
legal advice. Matt Mire, Town Attorney, stated that what is fair and equitable is the purview of
the Commission and what is legal is within his purview. He encouraged the Commission to vote
their conscious and he felt the staff inemorandum provided the rational nexus for requiring a
parking pay-in-lieu fee.
In making motions to approve the conditional use permit application and forwarding a
recommendation of approval for the special development district amendment application, the
Commission made the additional finding that the proposal to temporarily convert the two existing
FFU's to DU's will have no negative effect on parking since the existing penthouse dwelling unit
can not yet be occupied.
30 minutes
2. A request for a final review of an exterior alteration or modification, pursuant to Section 12-713-7,
Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of an addition
to the One Vail Place Building; located at 244 Wall Street/Lot 2, a re-subdivision of a part of Lot
C, Block 5C, Vail Village Filing 1, and Tract A, Front Door Three Dimensional Subdivision, and
setting forth details in regard thereto. (PEC090015)
Applicant: Vail Corporation, represented by Todd Architecture
Planner: Bill Gibson
ACTION: Approved with condition(s)
MOTION: Kjesbo SECOND: Paladino VOTE: 7-0-0
CONDITION(S):
1. This approval is contingent upon the applicant obtaining approval of the design review
application associated with this proposal.
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2. The applicant shall execute all necessary easements to allow the proposed addition to
encroach onto the Front Door development site prior to application for a building permit
for this proposal.
3. The applicant shall meet the employee housing mitigation requirements of Chapter 12-
23, Commercial Linkage, Vail Town Code, prior to issuance of any building permits
associated with this proposal. Should the applicant choose to meet this requirement with
a payment of fees-in-lieu, the applicant shall provide payment of $72,425.32 to the Town
of Vail.
Bill Gibson gave a presentation per the staff inemorandum.
Paul Todd, of Todd Architecture, representing the applicant, gave a detailed presentation of the
proposed improvements.
There was no public comment.
The Commissioners expressed their support for the proposal.
45 minutes
3. A request for a work session to discuss the adoption of the Frontage Road Lighting Master Plan,
an element of the Vail Transportation Master Plan, and setting forth details in regard thereto.
(PEC090014)
Applicant: Town of Vail, represented by Tom Kassmel
Planner: Bill Gibson
ACTION: Tabled to June 22, 2009
MOTION: Kjesbo SECOND: Viele VOTE: 7-0-0
Tom Kassmel gave an introduction to the project. Nancy Johnson from Cator, Ruma, and
Associates (the Town's lighting consultant) gave a power point presentation highlighting the
goals of the master plan project and identified several lighting options.
Bob Hawkins, a lighting vendor, demonstrated High Pressure Sodium and LED lighting sources.
Commissioner Paladino asked for clarification about the affects of lighting poles on snowplowing
operations, the impacts of lighting on I-70, and CDOT's involvement in the process.
Tom Kassmel and Nancy Johnson clarified.
Commissioner Kurz identified the need for some better lighting to increase safety and improved
navigation for tourists. In his opinion, the future lighting mock up will be very telling in
determining the appropriate light source. He identified the long term cost benefits of LED light
sources compared to the High Pressure Sodium option.
Nancy Johnson emphasized the desire for low levels of lighting to maintain the Vail's rural
nighttime characters.
Commissioner Kjesbo asked for more background on LED light sources.
Bob Hawkins explained the background of LED technology and noted examples of recent
applications of LED lights.
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Commissioner Viele stated that a compelling case has been made for LED; however, he is not
aware of any safety or complaint issues related to the Frontage Roads with regard to lighting.
He is concerned with the costs associated with implementing the lighting plan and is concerned
about the impacts to the dark skies lighting ordinance which was recently passed.
Jim Lamont, Vail Homeowners Association, inquired to the control options for the different light
sources. He suggested that from a master planning perspective the Town should focus on the
most important areas first, and then stay with the currently purchased infrastructure in other
locations.
Nancy Johnson described the various control options for the different light options.
Tom Kassmel clarified that this master plan is focuses on lighting for vehicles using the Frontage
Roads, and pedestrian/recreation path lighting will be considered separately.
Commissioner Tjossem noted her concern about changing from existing warm colored High
Pressure Sodium lights to cool colored LED lights.
Nancy Johnson and Bob Hawkins stated that warmer colors could be implemented with LED's;
however, this would sacrifice the lights efficiency and lifecycle.
5 Minutes
4. A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Exterior
Alterations or Modifications; and requests for conditional use permits, pursuant to Section 12-7H-
2, Permitted and Conditional Uses, Basement or Garden Level; Section 12-7H-3, Permitted and
Conditional Uses, First Floor or Street Level; 12-7H-4, Permitted and Conditional Uses; Second
Floor and Above, Vail Town Code, to allow for the redevelopment of the Evergreen Lodge, with
dwelling units, accommodation units, and conference facilities and meeting rooms on the
basement or garden level, multi-family dwelling units, accommodation units and conference
facilities and meetings rooms on the first floor or street level, and a fractional fee club on the
second floor and above, located at 250 South Frontage Road West/Lot 2, Block 1, Vail
Lionshead Filing 2, and setting forth details in regard thereto. (PEC080033, PEC080072)
Applicant: HCT Development, represented by TJ Brink
Planner: Rachel Friede
ACTION: Tabled to July 27, 2009
MOTION: Kjesbo SECOND: Paladino VOTE: 7-0-0
5 minutes
5. A request for a final review of a variance from 12-6D-6, Setbacks and 12-6D-9, Site Coverage,
Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition within the front
setback located at 1838 Sierra Trail/Lot 15, Vail Village West Filing 1. (PEC090008)
Applicant: John Brennan, represented by LKSM Design, P.C.
Planner: Bill Gibson
ACTION: Tabled to June 8, 2009
MOTION: Kjesbo SECOND: Paladino VOTE: 7-0-0
6. Approval of April 27, 2009 minutes
MOTION: Kurz SECOND: Lindall VOTE: 6-0-1 (Viele recused)
7. Information Update
8. Adjournment
MOTION: Kurz SECOND: Lindall VOTE: 7-0-0
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The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend the project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call (970) 479-2138 for additional
information.
Sign language interpretation is available upon request with 24-hour notification. Please call (970)
479-2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published May 8, 2009, in the Vail Daily.
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 19, 2009
ITEM/TOPIC: Lunch.
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 19, 2009
ITEM/TOPIC: Sustainable Building Initiative Discussion.
PRESENTER(S): Kristen Bertuglia
ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council provide
policy direction and feedback to the draft Sustainable Building Program outline. It is also
requested that the Vail Town Council review the proposed options for an outdoor energy use
mitigation program and provide policy direction on the level of involvement the Town should
have in addressing greenhouse gas emissions related to outdoor energy use.
BACKGROUND: Sustainable Building Initiative Committee: Martin Haberle, Chris Gunion,
Stan Hahn, Kristen Bertuglia, Rachel Friede, Bill Carlson Goal: To both incorporate
sustainable building and design practices into the Town code and create a user-friendly
guide/checklist for Sustainable Building Initiative (SBI) elements in order to effectively achieve
the Town's adopted goals of reducing community energy consumption by 20% by 2020, and
decreasing landfill contributions by 10% within 5 years and 25% within 10 years. Purpose: The
purpose of this initiative is to protect the Town of Vail public and environmental health, safety
and welfare by regulating residential construction with the intent to conserve energy, water and
other natural resources, preserve and protect the health of our environment through optional
and mandatory requirements related to design, construction, operations, recycling, and
deconstruction.
STAFF RECOMMENDATION: Staff recommends that the Sustainable Building Initiative go
forward as proposed. The Initiative includes both mandatory and optional measures: 1) the
adoption of the 2009 International Energy Conservation Code, plus a 5% mandatory
improvement in energy savings, verified by Rescheck software; 2) mandatory measures in
waste diversion and recycling 3) landscape and irrigation requirements and options 4) water
conservation requirements and options, and 5) sustainable building material requirements and
options.
ATTAC H M ENTS :
Town Council Memorandum
MEMORANDUM
To: Vail Town Council
From: Community Development Department
Date: May 19, 2009
Subject: A request for the Vail Town Council to provide feedback and policy
direction on the proposed draft Sustainable Building Initiative and
implementation strategy.
1. BACKGROUND/RATIONALE
Sustainable Building Initiative Committee
Kristen Bertuglia, Project Manager, LEED AP; Rachel Friede, LEED AP
Martin Haberle; Stan Hahn, Electrical Inspector, LEED AP
Chris Gunion, LEED AP; Bill Carlson, Environmental Health Inspector
Goal: To both incorporate sustainable building and design practices into the
Town code and create a user-friendly guide/checklist for Sustainable Building
Initiative (SBI) elements in order to effectively achieve the Town's adopted goals
of reducing community energy consumption by 20% by 2020, and decreasing
landfill contributions by 10% within 5 years and 25% within 10 years.
Purpose: The purpose of this initiative is to protect the Town of Vail public and
environmental health, safety and welfare by regulating residential construction
with the intent to conserve energy, water and other natural resources, preserve
and protect the health of our environment through optional and mandatory
requirements related to design, construction, operations, recycling, and
deconstruction.
Scope: The Town of Vail SBI aims to be "practically green" by including only
practical, measurable, and enforceable, actions to reduce the Town's
environmental impact.
Implementation Strategy: The SBI committee believes that by adopting and
enforcing the 2009 International Energy Conservation Code (IECC), prioritizing
simple, additional mandatory measures, and allowing for some flexibility in
encouraging very few optional measures, the Town of Vail will achieve the
adopted goals related to energy and resource conservation without incurring
significant additional cost to the Town or home builders, or requiring significant
additional staff time.
Measurement and Verification
• 2009 IECC - achieves -15% energy conservation beyond the 2003 code.
The SBI will require a minimum of 5% better than code verified through
Rescheck online software program, and field inspections.
• Greenhouse gas emissions (GHG) - Community GHG inventory.
• Waste diversion will be verified through construction waste
diversion/deconstruction plans/landfill & donation receipts.
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Green Building Program Community Analysis Results (as compared to the
proposed SBI)
Dozens of Colorado communities have initiated green building programs ranging
from LEED, to GreenBuilt Colorado, to voluntary and mandatory points systems.
For the purposes of the SBI, the SBI committee performed a cross-community
comparison of the following communities/counties: Carbondale, Aspen, Boulder,
Steamboat Springs, Telluride, Eagle County, (ECOBuild), Whistler. The SBI
committee concluded that a complicated points system does not necessarily
mean that the community has achieved a significantly "greener" community given
the cost of administration of such systems. The committee felt that the proposed
SBI (depending on the selection of renewable energy and outdoor energy use
offset options) will provide an aggressive, efficient program that nears the top of
the "green" scale compared to other communities without "greenwashing" or
creating a drastically new, difficult-to-implement points system.
II. ACTION REQUESTED
Staff requests that the Vail Town Council provide policy direction and feedback to
the draft Sustainable Building Initiative outline. It is also requested that the Vail
Town Council review the proposed options for an outdoor energy use mitigation
program and provide policy direction on the level of involvement the Town should
have in addressing greenhouse gas emissions related to outdoor energy use.
III. NEXT STEPS
• Continue to meet with Town Engineer/Public Works to discuss changes
needed to grading, stormwater permit process, setbacks, irrigated area,
driveways, and turf area.
• Meet with Fire Department to discuss snowmelting requirements, safety
issues.
• Develop working group of community representatives, Building Board of
Appeals Energy committee members to discuss TOV program, as well as
a model vision for green building in the Valley.
• Develop guidebook/worksheets to accompany the SBI.
• Host community open house/informational meetings.
• Test the SBI to determine relative effectiveness on achieving the Town's
goals; workload impacts; cost; and impacts on time.
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 19, 2009
ITEM/TOPIC: Review of response to the Town of Vail's Request for Bids (RFB) for a qualified
professional survey firm to provide surveying services for public stream tracts along Gore
Creek and the primary tributaries in the Town of Vail.
PRESENTER(S): Tom Kassmel
ACTION REQUESTED OF COUNCIL: Provide Staff with direction on whether or not to
proceed with the award of a contract and/or notice to proceed with the survey work as
identified in the RFB.
BACKGROUND: At the Vail Town Council's request, on April 1, 2009, a Request for Bids
(RFB) was released by the Town of Vail to solicit the services of a professional survey firm to
survey public stream tracts along Gore Creek and the primary tributaries in the Town of Vail.
Sixteen (16) responses have been received. Staff has reviewed the responses and has
prepared it's recommendation to Town Council.
STAFF RECOMMENDATION: Staff recommends the Town of Vail engage the services of
Peak Land Consultants, Inc. to complete the work identified above.
ATTAC H M ENTS :
Town Council Memorandum
MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department & Public Works Department
DATE: May 19, 2009
SUBJECT: Discussion on Bids Received for Public Stream Tract Survey Services
1. PURPOSE
At the Vail Town Council's (Council) request, on April 1, 2009, a Request for Bids
(RFB) was released by the Town of Vail. The purpose of the RFB was to solicit
bids from qualified professional survey firms to provide surveying services for
public stream tracts along Gore Creek and the primary tributaries in the Town of
Vail. Sixteen (16) responses were received. This memo is intended to update
Council regarding responses to the RFB, and solicit Council's authorization to
proceed with Staff's recommended survey firm.
II. BACKGROUND
Council has identified the Environment as a top priority for immediate and future
efforts. Focused on sustainability and reducing our impact on the environment,
the Town has committed to continuous improvement of our environmental
practices by promoting ecosystem protection and a campaign for community
awareness and education.
The reach of Gore Creek flowing through Vail has been subjected to numerous
disturbances over the past 30 years including increased encroachment into the
public stream tracts. Over the past couple of years, efforts, including visual
survey of properties adjacent to town-owned stream tracts, have been made to
investigate possible encroachments into town-owned stream setbacks. These
inspections have identified numerous properties that have apparently undergone
some form of modification or encroachment onto these sensitive riparian areas
including, but not limited to: landscaping town-owned riparian property; using the
areas for recreational seating; or, in more severe cases, building structures on
these town-owned properties. In some instances, Staff has been able to work
with owners to mitigate alleged encroachments, resulting in restoration of the
stream tract to its natural state at numerous properties; however, these issues
have been resolved in only a few instances.
Unfortunately, the Town is currently unable to accurately and undoubtedly
identify the boundaries of existing publicly-owned stream tracts along Gore Creek
and its primary tributaries which present difficulties in enforcement of every
encroachment into the stream tracts. This particular aspect of management
practice will be critical for improving and protecting the future stream health
conditions of Gore Creek, thus maintaining Vail's Gold Medal Trout status which,
in turn, sustains our summer fishing tourism economy.
1
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Staff realizes that a professional land survey should be conducted on specific
public stream tracts along Gore Creek and its primary tributaries which will result
in the accurate and indisputable identification, regulation and legally defensible
enforcement of encroachment issues. Conducting a survey for specific portions
of public stream tracts as identified in the attached map would be extremely
resourceful to the Town. Rather than dealing with a survey for potential
encroachments each year, the Town would have a clear understanding of public
stream tracts in relation to possible encroachments as they are recognized.
III. STAFF RECOMMENDATION
Staff inembers were asked to review all sixteen (16) of the bid responses to the
Town's RFB for professional survey services in order to evaluate how well each
response addressed the intended criteria of the RFB, such as:
o Proof of adequate surveying experience
o Ability to provide a competitive bid
o Proof of ability to meet the project deadline
o Explanation of services
o Recommendation of potential additional services
o References
Bids ranged from $26,500 to $124,900. Based upon Staff's review of the
qualifications and bids submitted, Staff recommends Peak Land Consultants,
Inc. of Vail, Colorado, whose bid was $52,800. From Staff's perspective, aside
from meeting the intended criteria of the RFB, local knowledge / understanding
and prior experience working on Town projects further distinguishes the
recommended team and was ultimately used to finalize this recommendation.
Furthermore, Staff also believes that the Town's ability to associate and work
with the team is, at this point, just as important as the submitted project bid.
IV. ATTACHMENTS
A. Map of Potential Public Stream Tract Survey Extent
2
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 19, 2009
ITEM/TOPIC: Gore Valley Trail Alternatives through Vail Valley Drive area.
PRESENTER(S): Chad Salli / Tom Kassmel
ACTION REQUESTED OF COUNCIL: Listen to presentation of path alternatives, provide
comment and direction.
BACKGROUND: The Gore Valley Trail runs thru the Vail Valley on the south side of the
interstate, winding along Gore Creek until is reaches the Vail Village at which point it diverges
south from the creek and goes behind Mountain Plaza and Gold Peak. Just east of Gold Peak
and Ski Club Vail it converges with Vail Valley Drive and runs east to Sunburst Drive, past the
Gold Course Club house to the Sunburst cul-de-sac where it then separates from the public
road and passes thru the Golf Course. Since the adoption of the Recreation Path Master Plan
in 1989, the sections along Vail Valley Drive and Sunburst have been identified as safety
concerns since there is no pedestrian accommodations. The design plans for Vail Valley Drive
since 1998 has been to add an attached concrete recreational path to the public road. This
past winter staff has revisited alternatives for this path alignmenet and will present them to
council for feedback and direction.
STAFF RECOMMENDATION: Provide feedback and direction to staff.
ATTAC H M ENTS :
Memo
Exhibit A
Exhibit B
MEMORANDUM
TO: Town Council
FROM: Tom Kassmel, Public Works Department
DATE: May 5th, 2009
SUBJECT: A request for a work session to discuss alternatives for the Gore Valley
Trail from Gold Peak to the Golf Course.
1. SUMMARY
The Gore Valley Trail runs thru the Vail Valley on the south side of the interstate,
winding along Gore Creek until is reaches the Vail Village at which point it
diverges south from the creek and goes behind Mountain Plaza and Gold Peak.
Just east of Gold Peak and Ski Club Vail it converges with Vail Valley Drive and
runs east to Sunburst Drive, past the Golf Course Club house to the Sunburst
cul-de-sac where it then separates from the public road and passes thru the Golf
Course. Since the adoption of the Recreation Path Master Plan in 1989, the
sections along Vail Valley Drive and Sunburst have been identified as safety
concerns since there is no pedestrian accommodations. The design plans for
Vail Valley Drive since 1998 has been to add an attached concrete recreational
path to the public road. This past winter staff has revisited alternatives for this
path alignmenet and will present them to council for feedback and direction.
II. STAFF RECOMMENDATIONS
Listen to staff presentation and provide comments and provide staff with
direction.
III. ATTACHMENTS
A. Summary of alternatives and associated construction costs
B. More detailed summary of alternatives and associated construction costs.
8 -1 -1
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 19, 2009
ITEM/TOPIC: Discussion of the First reading of Ordinance No. 13, Series of 2009, an
ordinance amending the approved development plan for Phase IV of Special Development
District No. 6, Vail Village Inn, pursuant to Article 12-9A-10, Amendment Procedures, Vail
Town Code, to allow for the conversion of two existing fractional fee club units to dwelling units
and the conversion of one dwelling unit to a fractional fee club unit, located at 16 Vail Road
(Vail Plaza Hotel) / a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting
forth details in regard thereto. First reading of Ordinance No. 13, Series of 2009, an ordinance
amending the approved development plan for Phase IV of Special Development District No. 6,
Vail Village Inn, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to
allow for the conversion of two existing fractional fee club units to dwelling units and the
conversion of one dwelling unit to a fractional fee club unit, located at 16 Vail Road (Vail Plaza
Hotel) / a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in
regard thereto.
PRESENTER(S): Bill Gibson
ACTION REQUESTED OF COUNCIL: Approve, approve with modificaitons, or deny
Ordinance No. 13, Series of 2009, on first reading.
BACKGROUND: The Planning and Environmental Commission held public hearings to
discuss this request on April 27 and May 11, 2009. On May 11, 2009, the Planning and
Environmental Commission voted 7-0-0 to forward a recommendation of approval.
STAFF RECOMMENDATION: The Planning and Environmental Commission forwards a
recommendation of approval to the Town Council for this amendment to a special
development district, and setting forth details in regard thereto.
ATTAC H M ENTS :
Town Council memo
Ordinance No. 13, Series of 2009
PEC memo
PEC attachments
Ordinance No. 16, Series of 2004
MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: May 19, 2009
SUBJECT: First reading of Ordinance No. 13, Series of 2009, an ordinance amending the
approved development plan for Phase IV of Special Development District No. 6,
Vail Village Inn, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town
Code, to allow for the conversion of two existing fractional fee club units to
dwelling units and the conversion of one dwelling unit to a fractional fee club unit,
located at 16 Vail Road (Vail Plaza Hotel) / a portion of Lots M, N, and O, Block
5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC090011)
Applicant: Vail Plaza Development, LLC
Planner: Bill Gibson
1. DESCRIPTION OF THE REQUEST
The applicant, Vail Plaza Development, LLC, is requesting a first reading of Ordinance
No. 13, Series of 2009, an ordinance amending the approved development plan for
Phase IV of Special Development District No. 6, Vail Village Inn, pursuant to Article 12-
9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of two
existing fractional fee club units to dwelling units and the conversion of one dwelling unit
to a fractional fee club unit, located at 16 Vail Road (Vail Plaza Hotel) / a portion of Lots
M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto.
The applicant is proposing to increase the number of dwelling units from one to two, and
to decrease the number fractional fee units by one in the Vail Plaza Hotel which is Phase
IV of Special Development District No. 6, Vail Village Inn. The applicant is proposing to
convert the existing dwelling unit #507 to a fractional fee club unit and convert the
existing fractional fee club units #313 and #401 into dwelling units. Fractional fee club
unit #313 is a three bedroom unit consisting of 1,801 sq. ft. of gross residential floor area
(GRFA) and #401 is a one bedroom unit consisting of 962 sq. ft. of GRFA. The
unfinished dwelling unit #507 is currently designed as a three bedroom unit consisting of
5,150 sq. ft. of GRFA. Refer to the attached May 11, 2009, Staff inemorandum to the
Planning and Environmental Commission for a more detailed description of this request.
II. BACKGROUND
The Planning and Environmental Commission held public hearings to discuss this
request on April 27, and May 11, 2009. On May 11, 2009, the Planning and
Environmental Commission voted 7-0-0 to forward a recommendation of approval, with
conditions, to the Town Council for the proposed special development district
amendment based upon the findings noted below in Section III of this memorandum and
the additional finding:
"That the temporary approval of this amendment will have no negative effect on
parking since the existing penthouse dwelling unit can not yet be occupied. "
1
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III. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION
The Planning and Environmental Commission forwards a recommendation of approval
to the Town Council for the amendment to a special development district, and setting
forth details in regard thereto.
Should the Town Council choose to approve this request with conditions, the Planning
and Environmental Commission recommends the Town Council passes the following
motion:
"The Town Council approves, on first reading, Ordinance No. 13, Series of 2009,
an ordinance amending the approved development plan for Phase IV of Special
Development District No. 6, Vail Village Inn, pursuant to Article 12-9A-10,
Amendment Procedures, Vail Town Code, to allow for the conversion of two
existing fractional fee club units to dwelling units and the conversion of one
dwelling unit to a fractional fee club unit, located at 16 Vail Road (Vail Plaza
Hotel) / a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting
forth details in regard thereto. "
Should the Town Council choose to approve this request with conditions, the Planning
and Environmental Commission recommends the Town Council imposes the following
condition(s):
"1. This approval shall expire and become null and void on May 11, 2012, or
upon the issuance of a Temporary or Final Certificate of Occupancy for Unit 507
of the Vail Plaza Hotel prior to said date. The applicant shall restore the subject
fractional fee club units of the Vail Plaza Hotel temporarily converted to dwelling
units back to fractional fee club units by no later than May 11, 2012; or within 7
calendar days of the issuance of a Temporary or Final Certificate of Occupancy
for Unit 507 of the Vail Plaza Hotel prior to said date. "
Should the Town Council choose to approve this request with conditions, the Planning
and Environmental Commission recommends the Town Council makes the following
findings:
"Based upon the review of the criteria outlined in Section IX this Staff
memorandum to the Planning and Environmental Commission dated April 27,
2009, and the evidence and testimony presented, the Town Council finds:
1. That the special development district amendment does comply with the
standards listed Article 12-9A, Special Development District, or that a practical
solution consistent with the public interest has been achieved.
2. That the special development district amendment is consistent with the
adopted goa/s, objectives and policies outlined in the Vail comprehensive plan
and compatible with the development objectives of the town; and
3. That the special development district amendment is compatible with and
suitable to adjacent uses and appropriate for the surrounding areas; and
4. That the special development district amendment does promote the health,
safety, morals, and general welfare of the town and promotes the coordinated
2
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and harmonious development of the town in a manner that conserves and
enhances its natural environment and its established character as a resort and
residential community of the highest quality.
5. That the temporary approval of this amendment will have no negative effect on
parking since the existing penthouse dwelling unit can not yet be occupied. "
IV. ATTACHMENTS
A. Proposed Ordinance No. 13, Series of 2009
B. Staff inemorandum to the PEC, dated May 11, 2009
C. Approved Ordinance No. 16, Series of 2004
3
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ORDINANCE NO. 13
Series of 2009
AN ORDINANCE AMENDING THE APPROVED DEVELOPMENT PLAN FOR PHASE IV OF
SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PURSUANT TO ARTICLE 12-
9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR THE CONVERSION
OF TWO EXISTING FRACTIONAL FEE CLUB UNITS TO DWELLING UNITS AND THE
CONVERSION OF ONE DWELLING UNIT TO A FRACTIONAL FEE CLUB UNIT, LOCATED AT
16 VAIL ROAD (VAIL PLAZA HOTEL) / A PORTION OF LOTS M, N, AND O, BLOCK 5D, VAIL
VILLAGE FILING 1, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Ordinance No. 16, Series of 2004, established the approved development plan
for Phase IV (Vail Plaza Hotel) of Special Development District No. 6, Vail Village Inn; and
WHEREAS, amendments to a Special Development District are permitted pursuant to the
parameters set forth for such in Section 12-9A-10, Vail Town Code; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail held public
hearings on April 20, 2009, and May 11, 2009, to consider the proposed amendment in accordance
with the provisions of the Vail Town Code and forwarded a recommendation of approval, with
conditions, to the Vail Town Council by a vote of 7-0-0; and
WHEREAS, the Vail Town Council finds that the proposed amendment to Special
Development District No. 6, complies with the review criteria outlined in Section 12-9A-8, Vail Town
Code, and that the applicant has demonstrated that any adverse effects of the requested deviations
from the development standards of the underlying zoning are outweighed by the public benefits
provided; and
WHERAS, the Town Council finds that the special development district amendment does
comply with the standards listed Article 12-9A, Special Development District, or that a practical
solution consistent with the public interest has been achieved; and
WHEREAS, the Vail Town Council finds that the special development district amendment is
consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan
and compatible with the development objectives of the town; and
WHEREAS, the Vail Town Council finds that the special development district amendment is
compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and
WHEREAS, the Vail Town Council finds that the special development district amendment
does promote the health, safety, morals, and general welfare of the town and promotes the
coordinated and harmonious development of the town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential community of the
highest quality; and
WHEREAS, the Vail Town Council finds that temporary approval of this amendment will
have no negative effect on parking since the existing penthouse dwelling unit can not yet be
occupied; and
Ordinance No. 13, Series of 2009 ~
9-2-1
WHEREAS, the approval of this special development district amendment, and the
development standards in regard thereto, shall not establish precedence or entitlements elsewhere
within the Town of Vail.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. AMENDMENTS
Section 2, Development Standards, of Ordinance No. 16, Series of 2004, is hereby amended
as follows (all additions are illustrated with bold italics, deletions are illustrated with ~+r~~°~g", and
text not affected has been omitted):
Density-- Units per Acre - Dwelling Units, Accommodation Units, & Fractional Fee Club
Units
The number of units permitted in Phase IV shall not exceed the following:
Dwelling Units - 4- 2
Accommodation Units - 100
Fractional Fee Club Units -59 49
Type III Employee Housing Units -18
(38 employee beds totaling 9,618 square feet of floor area)
Section 2. CONDITION(S) OF APPROVAL
The following condition of approval shall become part of the Town's approval of this
amendment to the approved development plan for Phase IV (Vail Plaza Hotel) of Special
Development District No. 6, Vail Village Inn:
This approval shall expire and become null and void on May 11, 2012, or upon the issuance
of a Temporary or Final Certificate of Occupancy for Unit 507 of the Vail Plaza Hotel prior to
said date. The applicant shall restore the subject fractional fee club units of the Vail Plaza
Hotel temporarily converted to dwelling units back to fractional fee club units by no laterthan
May 11, 2012; or within 7 calendar days of the issuance of a Temporary or Final Certificate
of Occupancy for Unit 507 of the Vail Plaza Hotel prior to said date.
Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for
any reason held to be invalid, such decision shall not effect the validity of the remaining portions of
this ordinance; and the Vail Town Council hereby declares it would have passed this ordinance, and
each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any
one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Section 4. The Vail Town Council hereby finds, determines and declares that this ordinance is
necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants
thereof. The Council's finding, determination and declaration is based upon the review of the criteria
prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of
this ordinance.
Section 5. The amendment of any provision of the Town Code of Vail as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred
prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding
Ordinance No. 13, Series of 2009 2
9_2_?
as commenced under or by virtue of the provision amended. The amendment of any provision
hereby shall not revive any provision or any ordinance previously repealed or superseded unless
expressly stated herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith
are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED
ONCE IN FULL ON FIRST READING this 19th day of May, 2009 and a public hearing for second
reading of this Ordinance set for the 2nd day of June, 2009, at 6:00 p.m. in the Council Chambers of
the Vail Municipal Building, Vail, Colorado.
Richard D. Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 13, Series of 2009 3
9-2-3
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: May 11, 2009
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,
and a recommendation to the Vail Town Council of a major amendment to
Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-
10, Amendment Procedures, to allow for changes to the fractional fee club unit
designations within the Vail Plaza Hotel and Club, located at 16 Vail Road (Vail
Plaza Hotel)/ a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and
setting forth details in regard thereto. (PEC090011 and PEC090012)
Applicant: Vail Plaza Development, LLC
Planner: Bill Gibson
1. SUMMARY
The applicant, Vail Plaza Development, LLC, 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, and a recommendation to the Vail Town
Council of a major amendment to Special Development District No. 6, Vail Village Inn,
pursuant to Section 12-9A-10, Amendment Procedures, to allow for changes to the
fractional fee club unit designations within the Vail Plaza Hotel and Club, located at 16
Vail Road (Vail Plaza Hotel)/ a portion of Lots M, N, and O, Block 5D, Vail Village Filing
1, and setting forth details in regard thereto.
Based upon Staff's review of the criteria outlined in Sections VII and VIII of this
memorandum and the evidence and testimony presented, the Staff recommends denial
of both requests subject to the findings noted in Section IX of this memorandum.
II. DESCRIPTION OF THE REQUEST
The applicant is proposing to increase the number of dwelling units from one to two, and
to decrease the number fractional fee units by one in the Vail Plaza Hotel which is Phase
IV of Special Development District No. 6, Vail Village Inn. The applicant is proposing to
convert the existing dwelling unit #507 to a fractional fee club unit and convert the
existing fractional fee club units #313 and #401 into dwelling units. Fractional fee club
unit #313 is a three bedroom unit consisting of 1,801 sq. ft. of gross residential floor area
(GRFA) and #401 is a one bedroom unit consisting of 962 sq. ft. of GRFA. The
unfinished dwelling unit #507 is currently designed as a three bedroom unit consisting of
5,150 sq. ft. of GRFA. A vicinity map (Attachment A) and the applicant's request
(Attachment B) have been attached for reference.
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III. BACKGROUND
The Vail Plaza Hotel is located within the Public Accommodation District in which lodges
("buildings designed for occupancy primarily as the temporary lodging place of
individuals or families either in accommodation units or dwelling units...) are allowed as
permitted uses and fractional fee club units (an individual dwelling unit in a fractional fee
club described as such in the project documentation...') are allowed as conditional uses.
While a dwelling unit is "any room or group of rooms in a two-family or multiple-family
building with kitchen facilities designed for or used by one family as an independent
housekeeping uniY", a fractional fee club unit must be part of a fraction fee club defined
by the Vail Town Code as "a fractional fee project in which each dwelling unit, pursuant
to recorded project documentation as approved by the town of Vail, has no fewer than
six (6) and no more than twelve (12) owners per unit and whose use is established by a
reservation system and is managed on site with a front desk operating twenty four (24)
hours a day, seven (7) days a week providing reservation and registration capabilities..."
It is clear in the adopting legislation (Ordinance No. 22, Series of 1996) allowing
fractional fee club units within the Public Accommodation District, that these units are not
intended for full-time occupancy as a dwelling unit when the Town Council found "that a
fractional fee club is a form of public accommodation" and "that the quality of fractional
fee club unit are an appropriate means of increasing occupancy rates, maintaining and
enhancing short-term rental availability and diversifying the resort lodging market within
the Town of Vail"
On February 28, 2000, the Planning and Environmental Commission approved a
conditional use permit for a fractional fee club at the Vail Plaza Hotel consisting of 50
fractional fee club units. According to the Staff's memorandum to the Planning and
Environmental Commission concerning the fractional fee club:
"According to the applicant, the ownership of the club units will be divided into a
maximum of 1/12t`' intervals for the 24 winter weeks during the ski season, with
the remaining 28 shoulder season and summer weeks would be owned by the
hotel. This ownership program allows for the most attractive weeks of the year to
be sold as club units with the proceeds helping to finance the redevelopment
project. The remaining interest in the clubs is then used by the hotel to support
the conference facilities during the summermonths."
On August 13, 2001, the Planning and Environmental Commission again approved a
conditional use permit for a fractional fee club at the Vail Plaza Hotel consisting of 50
fractional fee club units. According to the Staff Memorandum the Planning and
Environmental Commission concerning the fractional fee club:
"To further improve the occupancy potential of the fractional fee club, the 50 club
units have been designed to include up to two lock-off spaces per unit. This
design creates a total of 108 keys and 216 pillows for the fractional fee club
component of the hotel."
Additionally, the Staff Memorandum the Planning and Environmental Commission stated
the fractional fee units at the Vail Plaza Hotel:
"The applicant is proposing that the club units be sold on an interval basis. The
club units would be sold for 24 weeks during the winter months with the
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remaining 28 weeks owned by the hotel for use as short-term accommodation
units. "
In both 2000 and 2001, pursuant to Section 12-16-7, Vail Town Code, the Planning and
Environmental Commission considered "the ability of the proposed project to create and
maintain a high level of occupancy" and that "each of the fractional club units shall be
made available for short term rental in a managed program when not in use by the club
members". Based upon the statements, representations, and proposals of the applicant;
the Commission determined that a conditional use permit was warranted for fractional
fee club at the Vail Plaza Hotel.
On September 4, 2001, the Vail Town Council adopted Ordinance No. 21, Series of
2001, which amended Special Development District No. 6 to allow for the construction of
the Vail Plaza Hotel with one dwelling unit, 99 accommodation units, 18 employee
housing units, and 50 fractional fee club units consistent with the August 13, 2001,
conditional use permit.
As noted above, units #313 and #401 at the Vail Plaza Hotel are currently being illegally
occupied as fulltime residential dwelling unit, and not as a fractional fee club unit as
required by the approved developed plan. On January 23, 2009, the Town of Vail issued
a notice of zoning violation to the Vail Plaza Hotel.
On March 13, 2009, the Town of Vail issued the Vail Plaza Hotel a summons to Town of
Vail municipal court for this illegal use of the subject fractional fee club units. This matter
is tentatively scheduled on the court's May 7, 2009, docket.
Unit #507 is currently unfinished and has not yet been issued a final certificate of
occupancy.
The Town Council has identified need for an accessibility and delivery route connecting
the Vail Plaza Hotel and East Meadow Drive has been identified in other recent
proposals to amend the Vail Village Inn Special Development District, including the
proposed expansion of the Osaki's restaurant and the Colondo Company's proposal to
convert retail space to residential. To date, this physical connection has not yet been
constructed.
On April 27, 2009, the Planning and Environmental Commission held a public hearing to
discuss this application. The Commission discussed the option of temporarily approving
the applicant's request for a specified time period, such as three years, instead of
approving a permanent conversion of existing fractional fee club units to dwelling units.
Staff continues to recommend denial of this application. However, should the
Commission choose to grant a temporary approval of this request, Staff has drafted
possible conditions of approval which are outlined in Section IX of this memorandum.
At its April 27, 2009, hearing the Planning and Environmental Commission noted
concerns about applying Staff's previously proposed condition of approval requiring the
applicant to construct loading and delivery improvements to connect the hotel loading
dock to East Meadow Drive. Staff has revised the proposed conditions of approval
based upon input from the Commission and the Town Attorney's Office.
The applicant's proposal generates an increased parking demand of 0.7 parking spaces.
The applicant testified that the Vail Plaza Hotel (Phase IV of the Vail Village Inn Special
Development District) owns parking spaces physically located in the Phase III Building of
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the Special Development District. However, these spaces were necessary to meet the
original parking requirements of the Vail Plaza Hotel and are not "surplus". Therefore,
the applicant must construct an additional parking space within the Vail Village Inn
Special Development District or meet the additional parking requirements generated by
this proposal through another means.
Staff recommends the applicant meet this additional 0.7 parking space requirement
through the payment-in-lieu system established in Chapter 12-10, Off Street Parking and
Loading, Vail Town Code. The payment-in-lieu fee is currently $22,229.16 per parking
space and is subject to an annual adjustment based upon the Denver consumer price
index. Should the Commission choose to approval the applicant's request, Staff
recommends the Commission applies a condition that applicant pay the full $15,560.41
payment-in-lieu parking fee within 5 business days of obtaining final Town Council
approval of the major amendment to a special development district application.
However, should the Commission choose to approve a temporary approval of the
applicant's request with the fractional fee and dwelling unit mixed to be restored by a
specific future date, Staff recommends the applicant pay only one-half (%2) of the parking
fee ($7,780.21). The Town Council has the authority to appropriate these funds to the
design, construction, and/or maintenance of loading and delivery improvements within
the Vail Village Inn Special Development District.
At its April 27, 2009, hearing, the Commission chose to table this item for further
discussion at its May 11, 2009, hearing and requested that a site visit also be scheduled
on that date.
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.
8. Specific: These regulations are intended to achieve the following more specific
purposes:
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.
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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.
CHAPTER 12-2, Definitions (in part)
DWELLING UNIT: Any room or group of rooms in a two-family or multiple-family
building with kitchen facilities designed for or used by one family as an
independent housekeeping unit.
FRACTIONAL FEE CLUB UNIT: An individual dwelling unit in a fractional fee
club described as such in the project documentation and not an accommodation
unit within the fractional fee club. No offer of a fractional fee club unit shall be
made except pursuant to an application for registration and certification as a
subdivision developer of a timeshare program or an exemption from registration
approved by the state of Co/orado real estate commission pursuant to Co/orado
Revised Statutes 12-61-401 et seq., and the rules and regulations promulgated
pursuant thereto. Within ten (10) days after receipt of a written request, the
developer of a fractional fee club unit shall provide to the staff of the department
of community development a copy of the application or request for exemption
filed with the state of Co/orado real estate commission and/or evidence of
approval of the application or request for exemption.
ARTICLE 12-9A, SPECIAL DEVELOPMENT DISTRICT (in part)
12-9A-1: Purpose and Applicability:
A. Purpose: The purpose of the special development district is to encourage
flexibility and creativity in the development of land in order to promote its most
appropriate use; to improve the design character and quality of the new
development with the town; to facilitate the adequate and economical provision of
streets and utilities; to preserve the natural and scenic features of open space
areas; and to further the overall goa/s of the community as stated in the Vail
comprehensive plan. An approved development plan for a special development
district, in conjunction with the property's underlying zone district, shall establish
the requirements for guiding development and uses of property included in the
special development district.
8. Applicability: Special development districts do not apply to and are not
available in the following zone districts: hillside residential, single-family
residential, two-family residential and two-family primary/secondary residential.
12-9A-10: AMENDMENT PROCEDURES:
8. Major Amendments:
1. Requests for major amendments to an approved special development district
shall be reviewed in accordance with the procedures described in section 12-9A-
4 of this article.
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2. Owners of all property requesting the amendment, or their agents or
authorized representatives, shall sign the application. Notification of the proposed
amendment shall be made to owners of all property adjacent to the property
requesting the proposed amendment, owners of all property adjacent to the
special development district, and owners of all property within the special
development district that may be affected by the proposed amendment (as
determined by the department of community development). Notification
procedures shall be as outlined in subsection 12-3-6C of this title.
CHAPTER 12-16: CONDITIONAL USES PERMITS (in part)
Section 12-16-1: Purpose; Limitations:
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.
V. SURROUNDING LAND USES AND ZONING
Land Uses Zoninq
North: I-70 right-of-way Not Zoned
South: Mixed Use Public Accommodation
East: Mixed Use SDD #39 (Solaris)
West: Multiple Family Public Accommodation and SDD #21 (Gateway)
VI. ZONING ANALYSIS
Standard Approved Proposed
Dwellings 1 unit 2 units
(3 bedrooms/5,150 sq.ft.) (1 bedroom/962 sq.ft & 3 bedrooms/1,801 sq,ft)
Fractional Fee 50 units 49 units
(eliminate 1 bedroom/962 sq.ft & 3 bedrooms/1,801 sfl
(add 5 bedrooms/5,150 sq.ft.)
Parking 0.7 per FFU = 1.4 spaces no change (FFU = 0.7 new requirement)
1.4 per DU = 1.4 spaces no change (DUs = 2.8 new requirement)
total = 2.8 spaces no change (total = 3.5 new requirement)
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VII. CONDITIONAL USE PERMIT 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.
The Vail Comprehensive Plan and Zoning Regulations encourage the creation of "hot
beds" (accommodation units) and "warm beds" (fractional fee club units) within the
commercial cores and the Public Accommodation District which is the underlying zoning
for the Vail Plaza Hotel. These "warm bed" units have historically had higher occupancy
rates than dwelling units; and therefore, bring more guests to Vail. Greater numbers of
guests have a positive impact on creating vibrancy and economic viability of the
commercial cores than dwelling units. The warm beds are also highly beneficial to the
existing retail and restaurant uses in the other phases of the Vail Village Inn Special
Development District. Staff does not believe exchanging two completed fractional fee
club units for one unfinished dwelling unit is consistent with the Town's development
objectives or the intent and purpose of the overall Vail Village Inn development.
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.
There are no changes proposed to the exterior of the existing building; therefore, Staff
does not believe this proposal will have a significant negative affect on this criterion 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.
There are no changes proposed to the existing parking. However, there is net parking
requirement increase of 0.7 parking spaces when two fractional fee club units (parking
rate of 0.7 per unit) are exchanged for one dwelling unit (parking rate of 1.4 spaces per
unit). Therefore, Staff believes this proposal will have a negative affect on this criterion.
Should the Planning and Environmental Commission choose to approve this request,
Staff believes the applicant must be required to meet this increased parking requirement.
There are no changes proposed to the exterior of the existing building; therefore, Staff
does not believe this proposal will have a negative affect upon the remaining elements of
this criterion 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.
There are no changes proposed to the scale or bulk and mass of the existing building;
therefore, Staff does not believe this proposal will have a significant negative affect on
this criterion in comparison to existing conditions.
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VIII. SPECIAL DEVELOPMENT DISTRICT AMENDMENT REVIEW CRITERIA
Before acting on a major amendment to a special development district amendment
application, the Planning and Environmental Commission and Town Council shall
consider the following factors with respect to the proposal:
1. Compatibility: Design compatibility and sensitivity to the immediate
environment, neighborhood and adjacent properties relative to architectural
design, scale, bulk, building height, buffer zones, identity, character, visual
integrity and orientation.
There are no changes proposed to the exterior of the existing building; therefore, Staff
does not believe this proposal will have a significant negative affect on this criterion in
comparison to existing conditions.
2. Relationship: Uses, activity and density which provide a compatible, efficient
and workable relationship with surrounding uses and activity.
The Vail Comprehensive Plan and Zoning Regulations encourage the creation of "hot
beds" (accommodation units) and "warm beds" (fractional fee club units) within the
commercial cores and the Public Accommodation District which is the underlying zoning
for the Vail Plaza Hotel. These "warm bed" units have historically had higher occupancy
rates than dwelling units; and therefore, bring more guests to Vail. Greater numbers of
guests have a positive impact on creating vibrancy and economic viability of the
commercial cores than dwelling units.
As described in Section III of this memorandum, in 2000 and 2001, the Planning and
Environmental Commission and Town Council approved one (1) dwelling unit and fifty
(50) fractional fee club unit mix at the Vail Plaza Hotel based upon the following:
"According to the applicant, the ownership of the club units will be divided into a
maximum of 1/12t`' intervals for the 24 winter weeks during the ski season, with
the remaining 28 shoulder season and summer weeks would be owned by the
hotel. This ownership program allows for the most attractive weeks of the year to
be sold as club units with the proceeds helping to finance the redevelopment
project. The remaining interest in the clubs is then used by the hotel to support
the conference facilities during the summermonths."
"To further improve the occupancy potential of the fractional fee club, the 50 club
units have been designed to include up to two lock-off spaces per unit. This
design creates a total of 108 keys and 216 pillows for the fractional fee club
component of the hotel."
"The applicant is proposing that the club units be sold on an interval basis. The
club units would be sold for 24 weeks during the winter months with the
remaining 28 weeks owned by the hotel for use as short-term accommodation
units. "
At that time, the Planning and Environmental Commission and Town Council also
considered:
"the ability of the proposed project to create and maintain a high level of
occupancy";and that,
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"each of the fractional club units shall be made available for short term rental in a
managed program when not in use by the club members".
Therefore, Staff does not believe the applicant's proposal to exchange two completed
fractional fee club units for one unfinished dwelling unit is consistent with the intent of the
original approvals of the Vail Plaza Hotel.
3. Parking and Loading: Compliance with parking and loading requirements as
outlined in chapter 10 of this title.
There are no changes proposed to the existing parking. However, there is net parking
requirement increase of 0.7 parking spaces when two fractional fee club units (parking
rate of 0.7 per unit) are exchanged for one dwelling unit (parking rate of 1.4 spaces per
unit). Therefore, Staff believes this proposal will have a negative affect on this criterion.
Should the Planning and Environmental Commission choose to approve this request,
Staff believes the applicant must be required to meet this increased parking requirement.
The applicant is not proposing any changes to the existing loading. Today, there is no
accessible or practical physical connection between the Vail Plaza Hotel loading dock
and East Meadow Drive. Staff believes the applicant must install the needed
accessibility and delivery route connecting the Vail Plaza Hotel loading dock to East
Meadow Drive to comply with this criterion.
4. Comprehensive Plan: Conformity with applicable elements of the Vail
comprehensive plan, town policies and urban design plans.
The Vail Comprehensive Plan and Zoning Regulations encourage the creation of "hot
beds" (accommodation units) and "warm beds" (fractional fee club units) within the
commercial cores and the Public Accommodation District which is the underlying zoning
for the Vail Plaza Hotel. These "warm bed" units have historically had higher occupancy
rates than dwelling units; and therefore, bring more guests to Vail. Greater numbers of
guests have a positive impact on creating vibrancy and economic viability of the
commercial cores than dwelling units. Staff does not believe exchanging two completed
fractional fee club units for one unfinished dwelling unit is consistent with the Town's
development objectives.
5. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or
geologic hazards that affect the property on which the special development
district is proposed.
There are no natural and/or geologic hazards affecting this property; therefore, Staff
does not believe this proposal will have a significant negative affect on this criterion in
comparison to existing conditions.
6. Design Features: Site plan, building design and location and open space
provisions designed to produce a functional development responsive and
sensitive to natural features, vegetation and overall aesthetic quality of the
community.
There are no changes proposed to the site planning, location, or open space for the
existing building; therefore, Staff does not believe this proposal will have a significant
negative affect on this criterion in comparison to existing conditions.
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7. Traffic: A circulation system designed for both vehicles and pedestrians
addressing on and off site traffic circulation.
There are no changes proposed to the existing vehicular and pedestrian traffic patterns.
However, the net gain of dwelling units increases the parking requirement from 0.7 to 2.4
spaces. Therefore, Staff believes this proposal will have a negative affect on this
criterion. Should the Planning and Environmental Commission choose to approve this
request, Staff believes the applicant must be required to meet this increased parking
requirement.
8. Landscaping: Functional and aesthetic landscaping and open space in order to
optimize and preserve natural features, recreation, views and function.
There are no changes proposed to the existing landscaping; therefore, Staff does not
believe this proposal will have a significant negative affect on this criterion in comparison
to existing conditions.
9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development of the special
development district.
The Town of Vail has no assurance from the applicant when, or if, construction of the
Vail Plaza Hotel penthouse unit will occur. Therefore, Staff does not believe exchanging
two completed fractional fee club units for one un-built dwelling unit is consistent with the
Town's development objectives.
10. Public Benefit: The proposed deviations provide benefits to the town must
outweigh the adverse effects of such deviations.
The original approval of the Vail Plaza Hotel's project was based upon the applicant
constructing accommodation units and fractional fee clubs units in keeping with the
intent of the Public Accommodation District and the Town's Comprehensive Plan. The
Planning and Environmental Commission and Town Council found the construction of
these "hot bed" and "warm bed" units to be a significant public benefit of the hotel's
original construction. Staff does not believe the proposed exchange of one unfinished
dwelling unit for two existing fractional fee club units provides any benefit to the
community; and Staff does not believe the applicant is proposing any other public benefit
to out weight the negative effects of reducing the number of fractional fee club units at
the Vail Plaza Hotel.
IX. STAFF RECOMMENDATION
CONDITIONAL USE PERMIT APPLICATION
The Community Development Department recommends the Planning and Environmental
Commission denies 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 changes to the fractional fee club unit designations within the
Vail Plaza Hotel and Club, located at 16 Vail Road (Vail Plaza Hotel)/ a portion of Lots
M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto.
Staff's recommendation is based upon the review of the criteria described in Section VIII
of this memorandum and the evidence and testimony presented.
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Should the Planning and Environmental Commission choose to deny this conditional
use permit request, the Community Development Department recommends the
Commission pass the following motion:
"The Planning and Environmental Commission denies this request for an
amendment to an existing conditional use permit, pursuant to Section 12-16-10,
Amendment Procedures, Vail Town Code, and a recommendation to the Vail
Town Council of a major amendment to Special Development District No. 6, Vail
Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, to allow for
changes to the fractional fee club unit designations within the Vail Plaza Hotel
and Club, located at 16 Vail Road (Vail Plaza Hotel)/ a portion of Lots M, N, and
O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto."
Should the Planning and Environmental Commission choose to deny this conditional
use permit request, the Community Development Department recommends the
Commission makes the following findings:
"Based upon the review of the criteria outlined in Section Vlll of this Staff
memorandum to the Planning and Environmental Commission dated April 27,
2009, and the evidence and testimony presented, the Planning and
Environmental Commission finds:
1. The proposed conditional use permit amendment is not in accordance with
the purposes of the Zoning Regulations and the Public Accommodation and
Special Development Districts as referenced in Section V of this Staff
memorandum to the Planning and Environmental Commission dated April 27,
2009.
2. The proposed conditional use permit amendment and the conditions under
which it will be operated or maintained are detrimental to the public health,
safety, or welfare or materially injurious to properties or improvements in the
vicinity.
3. The proposed conditional use permit amendment does not comply with each
of the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail
Town Code, as referenced by Section V of this Staff inemorandum to the
Planning and Environmental Commission dated April 27, 2009."
Should the Planning and Environmental Commission choose to approve this conditional
use permit request, the Community Development Department recommends the
Commission applies the following conditions:
"1. This conditional use permit approval is contingent upon the applicant
obtaining Town of Vail approval of the associated major amendment to a special
development district application.
2. This approval shall expire and become null and void on May 11, 2012, or upon
the applicant vacating the subject existing fractional fee club units of the Vail
Plaza Hotel prior to said date. The applicant shall restore the subject fractional
fee club units of the Vail Plaza Hotel temporarily converted to dwelling units back
to fractional fee club units by no later than May 11, 2012; or within 7 calendar
days of the applicant vacating the subject existing fractional fee club units of the
Vail Plaza Hotel prior to said date.
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3. The applicant shall meet the additional 0.7 parking space requirement
generated by this application by providing a payment-in-lieu to the Town of Vail in
accordance with the per parking space fee established by Chapter 12-10, Off
Street Parking and Loading, Vail Town Code.
The applicant shall provide payment of at least one-half the full payment-in-
lieu fee ($7, 780.21) to the Town of Vail within 5 business days of obtaining
approval of the associated major amendment to a special development district
application. "
SPECIAL DEVELOPMENT DISTRICT AMENDMENT APPLICATION
The Community Development Department recommends the Planning and Environmental
Commission forwards a recommendation of denial to the Town Council for a major
amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section
12-9A-10, Amendment Procedures, to allow for changes to the fractional fee club unit
designations within the Vail Plaza Hotel and Club, located at 16 Vail Road (Vail Plaza
Hotel)/ a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth
details in regard thereto. Staff's recommendation is based upon the review of the criteria
described in Section IX of this memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to forward a
recommendation of denial for this request, the Community Development Department
recommends the Commission pass the following motion:
"The Planning and Environmental Commission forwards a recommendation of
denial to the Town Council for a major amendment to Special Development
District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment
Procedures, to allow for changes to the fractional fee club unit designations
within the Vail Plaza Hotel and Club, located at 16 Vail Road (Vail Plaza Hotel)/
a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth
details in regard thereto. "
Should the Planning and Environmental Commission choose to forward a
recommendation of denial for this request, the Community Development Department
recommends the Commission makes the following findings:
"Based upon the review of the criteria outlined in Section IX this Staff
memorandum to the Planning and Environmental Commission dated April 27,
2009, and the evidence and testimony presented, the Planning and
Environmental Commission finds:
1. That the special development district amendment does not comply with the
standards listed Article 12-9A, Special Development District, or that a practical
solution consistent with the public interest has been achieved.
2. That the special development district amendment is not consistent with the
adopted goa/s, objectives and policies outlined in the Vail comprehensive plan
and compatible with the development objectives of the town; and
3. That the special development district amendment is not compatible with and
suitable to adjacent uses and appropriate for the surrounding areas; and
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9-3 -i2
4. That the special development district amendment does not promote the
health, safety, morals, and general welfare of the town and promotes the
coordinated and harmonious development of the town in a manner that
conserves and enhances its natural environment and its established character as
a resort and residential community of the highest quality."
Should the Planning and Environmental Commission choose to forward a
recommendation of approval for this request, the Community Development
Department recommends the Commission applies the following conditions:
"1. This approval shall expire and become null and void on May 11, 2012, or
upon the applicant vacating the subject existing fractional fee club units of the
Vail Plaza Hotel prior to said date. The applicant shall restore the subject
fractional fee club units of the Vail Plaza Hotel temporarily converted to dwelling
units back to fractional fee club units by no later than May 11, 2012; or within 7
calendar days of the applicant vacating the subject existing fractional fee club
units of the Vail Plaza Hotel prior to said date.
2. The applicant shall meet the additional 0.7 parking space requirement
generated by this application by providing a payment-in-lieu to the Town of Vail in
accordance with the per parking space fee established by Chapter 12-10, Off
Street Parking and Loading, Vail Town Code.
The applicant shall provide payment of at least one-half the full payment-in-
lieu fee ($7, 780.21) to the Town of Vail within 5 business days of obtaining
approval of the associated major amendment to a special development district
application. "
X. ATTACHMENTS
A. Applicant's Request
13
9-3-13
CONDOMINI UM PLAT 1
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• ORDINANCE N0.16
SERIES OF 2004
AN ORDINANCE REPEALING ORDINANCE NO. 21, SERIES OF 2001, ADOPTING A
REVISED APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT
NO, 6, VAIL VILLAGE INN, PHASE IV, TO ALLOW FOR THE CONSTRUCTION OF THE
VAIL PLAZA HOTEL; AMENDING ORDINANCE NO. 7, SERIES OF 2003, EXTENDING
THE EXPIRATION DATE OF THIS APPROVAL FROM SEPTEMBER 4, 2004, TO
NOVEMBER 15, 2004; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, In 1976, the Vail Town Council adopted Ordinance No. 7, Series of 1976,
establishing Special Development District No. 6, Vail Village Inn; and
WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to
previously Approved Development Plans for Special Development Districts; and
WHEREAS, Daymer Corporation, as owner of the Phase IV property, has submitted an
application for a revised major amendment to Special Development District No. 6, Vail Village Inn,
• Phase IV; and
WHEREAS, the purpose of this ordinance is to adopt a revised Approved Development Plan
for the Vail Village !nn Special Development District, Phase IV to allow for the construction of the
Vail Plaza Hotel and to amend the expiration date of this major amendment approval; and
WHEREAS, the revised major amendment to the Special Development District is in the best
interest of the town as it meets the Town's development objectives as identified in the Town of Vail
Comprehensive Plan; and
WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the
Planning & Environmental Commission held a public hearing on the major amendment application;
and
I
' • 1
Ordinance No. 16, Series of 2004
• WHEREAS, the Planning & Environmental Commission has reviewed the prescribed criteria
for a major amendment and has submitted its recommendation of approvai and findings to the Vail
Town Council; and
WHEREAS, all public notices as required by the Town of Vail Code have been published and
sent to the appropriate parties; and
WHEREAS, the Vail Town Council considers it in the best interest of the public health,
safety, and welfare to adopt the revised Approved Development Plan for Special Development
District No. 6, Vail Village Inn, Phase IV, Vail Plaza Hotel; and
WHEREAS, the approval of the major amendment to Special Development District No. 6,
Vail Village Inn, Phase IV, Vail Plaza Hotel and the development standards in regard thereto shall
not establish precedent or entitlements elsewhere within the Town of Vail.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
• VAIL, COLORADO, THAT:
Section 1. Puroose of the Ordinance
The purpose of Ordinance No. 96, Series of 2004, is to repeal Ordinance No. 21, Series of 2001 and
adopt a revised Approved Development Plan for Special Development District No. 6, Vail Village Inn,
Phase IV, Vail Plaza Hotel and to amend Ordinance No. 7, Series of 2003. The Approved
Development Plans for Phases I, III & V remain approved and unchanged for the development of
Special Development District No. 6 within the Town of Vail, unless they have otherwise expired.
Only the Approved Development Plan for Phase IV, the Vail Plaza Hotel is hereby amended and
adopted.
Section 2. Amendment Procedures Fulflled, Plannina Commission Report
The approval procedures described in Section 12-9A of the Vail Municipal Code have been fulfilled,
I
I • 2
Ordinance No. 16, Series of 2004
~ and the Vail Town Council has received the recommendation of the Planning & Environmental
Commission for a major amendment to the Approved Development Plan for Special Development
District No. 6, Vail Village Inn, Phase IV, Vail Plaza Hotei. Requests for amendments to the Approved
Development Plan shall follow the procedures outlined in Section 12-9A of the Vail Municipal Code.
Section 3. Saecial Development District No. 6
The Special Development District and the major amendment to the Approved Development Plan for
Phase IV are established to assure comprehensive development and use of the area in a manner that
would be harmonious with the general character of the Town, provide adequate open space and
recreation amenities, and promote the goals, objectives and policies of the Vail Comprehensive Plan.
Special Development District No. 6 is regarded as being complementary to the Town of Vail by the Vail
Town Council and the Planning & Environmental Commission, and has been established since there
are significant aspects of the Special Development District that cannot be satisfied through the
~ imposition of the standard Public Accommodation zone district requirements.
Section 4. Development Standards - Special Development District No. 6, Vail Village tnn,
Phase IV, Vail Plaza Hotel
Development Plan--
The Approved Development Plan for Special Development District No. 6, Vail Village Inn, Phase IV,
Vail Plaza Hotel shall include the following plans and materials prepared bv Zehren and Associates,
Inc., dated July 6, 2004 and stamped approved by the Town of Vail, dated July 20, 2004:
(as may be further revised by the Town of Vail Design Review Board)
A. Site Illustrative Plan
B. Site Vignettes Key Plan (noted "for illustration purposes only')
C. Site Vignettes
• 3
Ordinance No. 16, Series of2004
• D. Site Plan (revised)
E. Level Minus Two
F. Level Minus One
G. Level Zero
H. LevelOne
1. Level One & 1/2
J. Level Two
K. Level Three
L. Level Four
M. Level Five
N. Level Six
0. Roof Plan
• P. Roof Plan (Mechanical Equipment)
Q. Street Sections (Vail Road Elevation/North Frontage Road Elevation)
R. Plaza Sections (South Plaza Elevation/East Plaza Elevation)
S. Building A Elevations
T. Building A Sections
U. Building B Elevations
V. Building B Sections
W. Building Height Plan 1(Absolute Heights/Interpolated Contours)
X. Building Height Plan 2(Maximum Height Above Grade/Interpolated Contours)
Y. Pool Study (Pool Sections)
Z. Vail Road Setback Study
I
• 4
Ordinance No. 16, Series of 2004
• AA. Loading and Delivery pian
BB. Street Entry Studies (Vail Road/South Frontage Road)
CC. Sun Study
DD. Landscape Improvements Plan
EE. Off-site Improvements Plan
Permitted Uses--
The permitted uses in Phase IV of Special Development District No. 6 shall be as set forth in Seetion
12-7 of the Vail Town Code.
Conditional Uses--
Conditional uses for Phase IV shall be set forth in Section 12-7A-3 of the Town of Vail Zoning
Regulations. All conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of
the Town of Vail Zoning Regulations.
• Density-- Units perAcre - Dwelling Units, Accommodation Units, 8 Fractiona/ Fee C/ub Units
The number of units permitted in Phase IV shall not exceed the following:
Dwelling Units -1
Accommodation Units -100
Fractional Fee Club Units - 50
Type III Employee Housing Units -18
(38 employee beds totaling 9,618 square feet of floor area)
Density-- F/oorArea
The gross residential floor area (GRFA), common area and commercial square footage permitted for
Phase IV shall be as set forth in the Approved Development Plans referenced in Section 4 of this
ordinance.
• 5
Ordinance No. 16, Series of 2004
.
• Setbacks--
Required setbacks for Phase IV shall be as set forth in the Approved Development Plans referenced
in Section 4 of this ordinance. The front setback along Vail Road shall be a minimum of 16'.
Height--
The maximum building height for Phase IV shall be as set forth in the Approved Development Plans
referenced in Section 4 of this ordinance. For the purposes of SDD No. 6, Phase IV, calculations of
height, height shall mean the distance measured vertically from the existing grade or finished grade
(whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the
highest ridge line of sloping roof unless otherwise specified in Approved Development Plans.
Site Coverage--
The maximum allowable site coverage for Phase IV shall be as set forth in the Approved
Development Plans referenced in Section 4 of this ordinance.
• Landscaping--
The minimum landscape area requirement for Phase IV shall be as set forth in the Approved
Development Plans referenced in Section 4 of this ordinance.
Parking and Loading--
The required number of off-street parking spaces and loading/delivery berths for Phase IV shall be
provided as set forth in the Approved Development Plans referenced in Section 4 of this ordinance.
In no instance shall Vail Road or the South Frontage Road be used for loading/delivery or guest
drop-off/pick-up without the prior written approval of the Town of Vail. The required parking spaces
shall not be individually sold, transferred, leased, conveyed, rented or restricted to any person other
than a tenant, occupant or user of the building for which the space, spaces or area are required to
be provided by the Zoning Regulations or ordinances of the Town. The foregoing language shall not
• 6
Ordinance No. 16, Series of 2004
• prohibit the temporary use of the parking spaces for events or uses outside of the building, subject to
the approval of the Town of Vail.
Section 5. Aparoval Aareements for Special Development District No. 6, Phase IV, Vail
~
Plaza Hotel
1. That the Developer coordinates efforts with the owners of the Gateway Building, Phase II, I
Phase III and Phase V to create a below ground accessway for loading and delivery to '
the adjoining properties within the District from the Vail Plaza Hotel to resolve potential
loading and delivery concerns. If a coordinated effort can be reached the Developer shall
submit revised plans to the Town of Vail Community Development Department for review
and approval, prior to the issuance of a building permit. The intent of this condition is to
create an interconnected underground loading and delivery system accessible to all of
Special Development District No. 6, Vail Village Inn.
•
2. That the Developer submits detailed civil engineering drawings of the required off-site
improvements (street lights, drainage, curb and gutter, sidewalks, grading, road
improvements, Vail Road landscape median improvements, etc.) as identified on the off-
site improvements plan to the Town of Vail Public Works Department for review and
approval, prior to application for a building permit.
3. That the Developer submits the following plans to the Department of Community
Development, for review and approval, as a part of the building permit application for the
hotel:
a. An Erosion Control and Sedimentation Plan;
I b. A Construction Staging and Phasing Plan;
• 7
Ordinance No. 16, Series of 2004
• c. A Stormwater Management Plan;
d. A Site Dewatering Pian; and
e. A Traffic Control Plan.
4. That the developer records a public pedestrian easement between the hotei and the
Phase III Condominiums and between the Phase V Building property lines. The
easement shall be prepared by the developer and submitted for review and approval of
the Town Attorney. The easement shall be recorded with the Eagle County Clerk &
Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy.
5. That the Developer records a deed-restriction, which the Town is a party to, on the Phase
IV property prohibiting the public use of the spa facility in the hotel. Said restriction may
be revoked if the Developer is able to demonstrate to the satisfaction of the Town that
adequate provisions for vehicle parking have been made to accommodate the public use
• of the spa. The restriction shall be recorded prior to the issuance of a building permit.
6. That the Developer submits a comprehensive sign program proposal for the Vail Plaza
Hotel for review and approval of the Design Review Board, prior to the issuance of a
Temporary Certificate of Occupancy.
7. That the Developer posts a bond with the Town of Vail to provide financial security for the
125% of the total cost of the required off-site public improvements. The bond shall be in
place with the Town prior to the issuance of a building permit.
8. That the Developer, in cooperation with the Town of Vail Public Works Department to
design and construct a left-turn lane on Vail Road and reconfigure the landscape island in
the South Frontage Road median to eliminate left-turns from the loading/delivery. The
• 8
Ordinance No. 16, Series of 2004
• construction shall be completed prior to the issuance of a Temporary Certificate of
Occupancy.
9. That the Developer provides a centralized loading/delivery facility for the use of all
owners and tenants within Special Development District No. 6. Access or use of the
facility shall not be unduly restricted for Special Development District No. 6. The
loading/delivery facility, including docks, berths, freight elevators, service corridors, etc.,
may be made available for public and/or private load i ng/delivery programs, sanctioned by
the Town of Vail, to mitigate loading/delivery impacts upon the Vail Village
loading/delivery system. The use of the facility shall only be permitted upon a finding by
the Town of Vail and the Developer that excess capacity exists. The Developer will be
compensated by the Town of Vail and/or others for the common use of the facility. The
final determination of the use of the facility shall be mutually agreed upon by the
• Developer and the Town of Vail.
10. That the Developer executes a Developer Improvement Agreement to cover the
completion of the required off-site improvements, prior to the issuance of a building
perm it.
11. That the Developer records Type I I I deed-restrictions of each of the required employee
housing units, with the Eagle County Clerk & Recorder's Office, prior to the issuance of a
Temporary Certificate of Occupancy.
12. That the required Type III deed-restricted employee housing units not be eligible for
resale and that the units be owned and operated by the hotel and that said ownership
shall transfer with the deed to the hotel property.
• 9
Ordinance Na. 16, Series of 2004
,
,
• 13. That the Developer submits a copy of an approved access permit form the Colorado
Department of Transportation verifying acceptance of the access points illustrated, as
designed, on the Approved Development Plan, dated July 6, 2004.
14. That the Developer shall contribute a one time payment to the Town of Vail in the amount
of $35,000 for the East Meadow Drive Art in Public Places archway project, or other
Town of Vail approved East Meadow Drive Art in Public Places project, (the "Projects") as
a means of mitigating development impacts associated with the construction of the Vail
Plaza Hotel. Said payment shall be submitted to the Town of Vail Public Works
Department, prior to the issuance of a building permit for the Vail Plaza Hotel. Should the
Town fail to commence with the design and construction of the Projects within one year of the date of the issuance of a Temporary Certificate of Occupancy for the Vail Plaza i
Hotel, the one-time payment of $35,000 shall be refunded to the Developer. I
• Section 6. Approval Expiration; Time Limitations
The SDD approval time requirements and limitations of Ordinance No. 7, Series of 2003, shall be
amended to cause this major amendment to become null and void should the Developer fail to
receive an approval of a building permit and submit payment and pick up the permit from the Town of
Vail Community Development Department by no later than November 15, 2004. The phasing of the
construction of the hotel shall not be permitted.
Section 7.
If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held
' to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance;
' and the Town Council hereby declares it would have passed this ordinance, and each part, section,
subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts,
• 10
Ordinance No. 16, Series of 2004
i
' • sections, subsections, sentences, clauses or phrases be declared invalid.
Section 8.
, The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided
in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted.
The repeal of any provision hereby shall not revive any provision or any ordinance previously
repealed or superseded unless expressly stated herein.
Section 9.
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby
repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any
• bylaw, order, resolution or ordinance, or part thereof, heretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED
ONCE IN FULL ON FIRST READING this 6t" day of July, 2004, and a public hearing for second
reading of this Ordinance set for the 20th day of July, 2004, in the Council Chambers of the Vail
Municipal Building, Vail, Color
Rodney E. Slifer, Mayor
A E
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Lorelei ~onaldson, Town Clerk
CO~.
~ 11
Ordinance No. 16, Series of 2004
~ READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED in full this 20`h day
of July, 2004.
Rodney E. Sfifer, Mayor N OF
,03~
ATT ~ '
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f : SEAL :
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Lorelei Donaldson, Town Clerk ~p~•~;'~ .
•
~ 12
Ordinance No. 16, Series of 2004
...y
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952
PROOF OF PUBLICATION
STATE OF COLORADO }
} SS.
COUNTY OF EAGLE }
I, Robert Brown, do solemnly sweaz that I am a qualified representative of the Vail Daily. That the same
Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and
has a general circulation therein; that said newspaper has been published continuously and
uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior
to the first publication of the annexed legal notice or advertisement and that said newspaper has
published the requested legal notice and advertisement as requested.
The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under
Colorado's Home Rule provision.
That the annexed legal notice or advertisement was published in the regular and entire issue of every
number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated July 10 A.D. 2004 and that the last publication of
said notice was in the issue of said newspaper dated July 10 A.D. 2004.
In witness whereof has here unto set my hand this 27th day of July, 2004.
Publisher/General Manager/Editor
Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this
27th day of July, 2004.
C
o,~PRY ~P(JePamela Joan Schultz
Notary Public
. ~
. ~
' PAIMAELA J.
~ My Commission expires: November 1, 2007
~ SCHULTZ :
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~'••....••,,~a
Or- ~ .
The Dail Classifleds 970.845.9937 vaildai .com Saturda
WOLCO'TT WOLCOTT
~ Beautiful ~ ~
PHO o ADS W41
Ppopepty
-1), to 1)1,-ICC 'I phot~
fahubus 42 acre property with b~eath 4o acres d vrontlerlul horse properry
taking views irom every wmtlow o13 Bteathtaking views end a well m place.
diflerent min. 2nges! This home otfers Close W all [hat Vail has to ofler yet ihe
high end finishes - gourmet kilchen, 7 BD, privacy of Ne country.
surrourW sountl speakers, 4 car garege,
z pastures, riding arena, 4 ouItwdtlings, Oryeretl at $249,500
hot tub, vrolleyball pit, caretakBYS unit
i Aui m;s and more for Judith Evana, 970-3761171 1~
$1,495,000 Prutlential Gore Range Properties
Jeanette Frencis Vail Eatates ~'orudentialaoreranae com
I i 970331-4918 ar970-845-1117 .
?f 5'~ie+"''{:g
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I OHDINANCE N0.16
SENIES OF 2001
AN OROINANCE REPEALING OROINANCE NO. 21, SERIES OF 20p1, AWPTING A REVISED APPROVED DEVEIOPMENT PLAN FOR SPECIAL DEVELOPMENT OISTPICT N0.8. VAIL VIILAGE INN, PHASE IV, TD
' THE VAIL PIAZA HOTEL; AMENDING ORDINANCE N0. 7, SERIES OF 2007, EXTENDMG 7HE EXPIpA7ION DATE OF 7HIS APPROVAL FROM SEP'fEMBER 4,2004. 10 NOVEMBEFl 75. 2Wk AND SETfINO FORTH DETI
g SpeclafOevebpmant Oislricf No. 8. YaI1 Vi4age Inn; antl
WMEREAS, In 1976, tlle VBd Tpm CoVnCil aOaptatl OrtlinenCe No. 7. Series of 1976, e61adi6hmy A
W NEREAS, Section 12-9A-~0 of the Zonmp Repulanom psrtnib mejor emend~+en~s to praviowpprared DeV¢lapment Plena 7or Spe~ ~I Daveropment D'mtncb; and
WHEREAS, Daymer Corponfon, aa owner o1 the Phase IV prqxny, has euCmmed cn appl Iien br ~ raviaad major amentlment lo sped~l Oa~elapment Olstrict No. 8, Vail Vlisga Inn, Phace IV; erM
WHEREAS, fhe purpoae M Mrc artAnance is lo adaW e revised Apprrned DaelopmeM Qlan br M. VeN ~Ilage Inn Spetlel Deuelopmenl Distria. Phaae IV to allow br ihe ca+stnwliw+ d Nr Vell Plne Holel antl tn amend Ihe
app wal; and
WhIEREAS, the reAse0 major smanCment ia the Spscial pg+elopmeN D~vict ie In Ihe Eect interesi oi tl+e tavn a~ M meeis Ms Townti Ce~elvpmmi objectlvea ~c ldentHfed in Me iarn of Vall Compiahmsiw Plan; entl
W HERE0.S, in atwMance wifh Nre 0~'~a~a~a oulli~stl in Me Zoninp Rpyulfllians, ihe Planning 8 Em+ronmeM.'J Commi6sion hald a~xhlw hearinp on Me me~w amendmer+f appficallon: end
VVHEREAS, tM Planninp 8 Environmen~al Comm~suon hae reviswad Ma preurlbed erXe~a br a amerWment end Aas submilfed iLS rerommendation d yqrovsl aM findinps to Me Vall Town Couneil; an0
WHEREAS. all pud6 no~ices es repuiretl by Ihe Town 11 Vail Cotle havs 6een pubMhed aM sent to 1~~ epprop~ e paAks; arM
W HEREAS, the VappilTOwn Council tWons"rdera i7 m Mie Oest inlcrs~l o! I~he public heaHh, safely, antlawgeellere ro aGOp~ the reviaed Appraved Developrnenl Plan br Spe~lal Davelopmenl Dishiq No.6, Ve~l VXlage Inn, Phax IV, Vail Plaz
NOWRHEREFORE, EIITORDAINED9VTHEMTOWN OaUNCI~OFTHET50WNDFVAIL~CALOAADO,THAT'VeliPluaNOtNantlVieOevelopmeRetarMa~Wh~eqartltliemloMallnoleelediMprecetlenfwmllilmeimtaels
Seelion t Purpcse ol lhe Ordurance .
Tne purpose ol Ordnance Na. 1 B. Senes of 2004. is k repeal Ordinmce No. 21, Serles of 2001 antl atlopi a revieeG Approvad Development Plan fa Special OevxlopmeM Dielrid No 6. Vail Vllay~ Inn. Phass IV. Vail P/ua Hc
w ol 2003. Theqp~ roved Deveiopmen~ Pkns for Pheses 1, III d, Y romain ~pprmetl antl uncha~+ped for IM dmelopnent of $peclal ~g~a~opmmf D'wlrict No. 9 wlMn I~a Town d Vail, unkes Irey hava olherwus e(piretl. O
PhaselV,lheVe~lAlazaHotalshereDy amaMetlanO~tlo~Iey
Sectbn 2. Amendmenl Piaedurea F Ililktl, PHn mm~ pConxMSSion Repo~t
Tha apprmal procedures denaibad in Section 12-9 ot 1he Vail Municipel Cade have heon tuKlbd, and Me Vail Town CeuncY haa roceiwtl IM recom-daDOn o1 tha,Planninneg Q ErrvlronmenUl Cammnsian br a majar art~endn
for Speci I pe~ebpmeM Dist~ No 6, Vail VX~ege Inn. Phsae 1V. Vad Plqia Nole1. Requecb lor arrbndmsnb to the Appmved OewlapmeM Plan ahell kllaw Me proeedures mAtld m Section 12-9A d tl~e Vail MuNCipal Cotle.
Sxbon 3. Spedel Oevelopmsnt DisVict Na.B
11ro Spedal Developnent Oiatrid snd the major emendmenl to Ihe Approved Darebprt+~nl Nan for Phue IV ue ~~t~blhAeA U 4uun oompeMnsNa dewlapment entl we of Me eroa in ~ manna Met would be hermonious
ptOWtlE adea^a~e OpBn ~aCY i1W ~OCfesiion smenXbf, entl peprwte hB QtMls, Ob~lLYiVB9 antl pOfiCiBa 01 Ihe VaN Comprehenvve Plan. SpBCial ~eveloprnenl Dia6k1 Na. 6~s raga~detl beinp cortqiemenbry ~a ~Ae Town ~
Pleimlry d p nra menlsl Commia+bn, erM M1ae bean ea~LWiah d tiroe ihn~N B Biynificenl asplci6 0l Ihe SPed01 D~eloprtqnl Diatrlcl tlVt eon~IW be Ytis1iq11hrou0h M! NnpOlMa~ OI ilq stentlarA PubG A~mrnotlation zma [
Secfion a. OeNNapment StendaMs . Spectiaf D~rebpmsnt Dislriq No.6. Vad VAIpq0lnn, PhaDe IV, Ved Plw Ho1N
DevMOpment Plan"
The ApprowA DevHOpment Pian for $peclal perelopment Disfrkt No. 6, Vail Vtllape Irm, Phaae IV, Vail Plw Nolel chell IriWde Me bllawinp dsm snA materiela preparetl by Zehrcn Wy AuOditae, Inc., EBted .htlY 6, 2000
vad, datetl Jury 20, 2004:
las maY ~~~r mvwed by Ilie 7own of VW Oee'pn Herrow Boer) Sqe IUUeirative Pl- .
B. Sile vipnanes Key Plan (nated'la ilNSbation purposn oniy) C. Site VignBtlas
D Sde Plan (1eviseC) E, Lerel Minus Two - F. Level Minue OM
G. Level Zero
H Level O'ro '
1. LNCI One 6 12 .
J. Levef T
K. Lavel ThrN
L L-l Four
M. Lerel flve
N, 4vel S.
O. Rooi Plan '
P. Roel Plan (NSChan"ral EQuipmeM) .
Q: Sheet Saeliana (Vail Road FJeu~ioNNOrih FroMape RoaE Elewlionl
q, PlaZa $eclions (SoNh Plaze EbvetiorvEest PlaraElevetionJ ' .
S. 6uiMirp A EIe+allDnf
T. Buifdvrg A SecHOna U. Buil0in9 B Elevatrons V.Builtliny B 5ecbrns
W Bulklillg Heipht Alan 7 (ApgoWte Helahts~lnteipo{e1M Contaun) .
X. Bui~ng MeigM Plen 2(Mu~imum Hef~~ Apove ~2tle/Interpolalod Contwrs)
ZY.. VaY Road Seroad Stuoy POOI SNtly (Paol $eCflonal .
-
M.LWdInp aMDeliv~ryPlan
BB. Sheet Emry SNdies (Vail RoedSoufh Fonupe Rosdl
CC. Sun SNdy
DD. Lantlac~ps ImproWmanro Plan
EE. OH-sBe Impro~menty Plen
Permilletl Usef--
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961
PROOF OF PUBLICATION ~
STATE OF COLORADO }
} SS.
COUNTY OF EAGLE }
I, Robert Brown, do solemnly swear that I am a qualified representative of the Vail Daily. That the same
Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and
has a general circulation therein; that said newspaper has been published continuously and
uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior
to the first publication of the annexed legal notice or advertisement and that said newspaper has
published the requested legal notice and advertisement as requested.
The Vail Daily is an accepted legal advertising medium, only for jurisdicNons operating under
Colorado's Home Rule provision.
That the annexed legal notice or advertisement was published in the regulaz and entire issue of every
number of said daily newspaper for the period of 1 consecutive insertions; and that the fust publication of
said notice was in the issue of said newspaper dated July 23 A.D. 2004 and that the last publication of
said notice was in the issue of said newspaper dated July 23 A.D. 2004.
In witness whereof has here unto set my hand this 27th day of July, 2004.
Publisher/General Manager/Editor
Subscribed and swom to before me, a notary public in and for the County of Eagle, State of Colorado this
27th day of July, 2004.
, P(~e~ amela Joan Schultz
(p ; • Notary Public
: pqM~~q L My Commission expires: November 1, 2007
; SCHULTZ ;
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9~'••...•••'~
UF Cf~-
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i
23, 2004 The Daily Classifle
~4io 0~ S
, ORDINAMCE N0.16
BERIES OF 2004
I
N ORDINANCE REPEALIHG ORDiNANCE NO. 21, SERIES OF 2001, ADOPTING A REVISED APPROVED DEVELOPNENT P1J1N FOR SPEC{AL DEVELOPMENT DISTAICT N0. 6, VAIL VILLAGE INN, PHi
NE VAlL P{,pZp MOTE,4:; AMFJfDIN6..OqbWANGENQ.. i, SERtES AF 2003, EXTFNQWO TNE.EXPIRATION pATE OF TMIS.ApPpOYpL FHOMSEP7EMBE8 4, 20K'f0 lIOVEMBER 15. 2004; AND SET71N6F
HEREAS, In 1976, the Vail Town Council adopted OrqinanceNo: 7, Series W 7876, esMabAshing Special 4levelopment pistrict No. B. Vad Vitlage Inn; and
NEREAS, Section 12-9A-10 of lhe Zoning Regulations parmits major amendmeNS. to previousty Approved flevebpment Plana for Specia! Development Districts; and HEREAS, Daymer Corpopation; as amer o(the PhaselV property; has su6mitted an appNcelion for a revisedmajor amandment to Special Development Dishict No. 6, Vei{ Vitlage Inn, Phase !Y; and
HEREAS, the purposeaF'this a'dinance is io adopt a revised Apptoved Devetopment Plan tor ihe Vail Y7i11aAe Inn Speoial DeHalapareMDistrict, Phase IY to aHow for ihe constructbn of the Vail P4aza Ffotel and ro aml
rovaF and . . .
HEREAS, the ravised major amendment to ttiB SpeCial DevelOpment OisMct is in the best interest of the lown as it meets ihe Town's tlevelopmeM objeCt7ves as identified in the Town of Vail Comprehensive Plan; and
HEREAS, kt accardance wtth the provisions outiined in the Zoning peguladons, the Planning & Em+rorxnema! Commission hefd a public heanng on the major amandmeM application; and
HEREAS, the Planning & Emironmenial Cnmmission has reviewed ehe prescrtbed: critsria iw a mejor emendmant and has submktec{-its recanmendation of approval and findings tothe Vail Town Council; and
HEREAS, all publw notices as repuirad by the Town of Vail Coda ha+re bean puWished and seM to the appropriate partles; and HEREAS, the Vaif Town Councit conaiders ifin ihe besl interest of the puMic heaith, satety, and welfare to adopt tlie revised ApD~~d Development Plan for Special Devebpmant District No. 6, Vail Viilage-Inn, Phase W.
HEREAS, Ihe appraral ot lhe meyor amendment m SQecial bevelopment tlistrict No. 6, Vail Vlllage Inq Phase IV, Vail Plaza Hotei and the developmen[ siandards in regard thgreto ahall not estadish precedent or entNlei
, THEREFORE, QE IT ORDAiNED 6Y THE TOWN COUNClL OP THE TONlN OP VAII, COlQRA00, THAT. . . . . ection 1. Purpose Ot the Ordinance . . . . . . . . . ~ . . . I
he purpose ot Ordinance Na 16,.Seties of 2904, isdo rapeal Qrdinanae No. 21, Serias of 2061 and adopt a revised Approved Development Plan tor Spaciel pevelopment DisMct No. 6, Vail Villege Inn, Phase IV, Vail P
2003. The Approved Development Plans for PAases 1, {II h V remaliv approved and unchanged fw the developmant of Special Oevelopmem District No, 6 within ihe Town of VaN, unfass they have Wharwiseexpired. C
he Vaii Plaza Hotel is hereby amended and adopted. . . . . . . ' . . .
lsaclion2. Art~andmenl Procetlures FWfHled. Planning Coromissionfteport
ia
- he approval procedures descrHod in Secdon 12-9Aof the VailMunicipal Cotle heve been iulf'dt0d, and the Vai1 Town Council has teceived the recommendation oYthe Plammng. & Envimmentaf Commission for a majd
k,rSpecial pevelapment Diskict No, 6, Veit Vi4ege Inn,. Phaee IV,Vail Plaxa Holel: Requests for amendments to the ApprovedpevelupmeM Wan shaH fqAow the proceduFes oµtlined in Sectiorsl2-6A ottMe Vail Municipal Gti
3. Special DeveloPment Dislrid No. 6 eciel DevelopmenYDictrict a+xJ the majw amendmeal to Me Approved DevelopmentPlan for Phase fV are esteNishad to assure comprehansiva davelopment and use uf the area in amanner thet would be harrtro
equate open spece and `ecreaUpn amenities, and promota thegoals, objectivas and pnlicies W the Vaii Comptehensive PYan. Spet:is! Developmeni Oisitict Na.81s regarded as 6ei~g camplmerRary to tl~e Town I
onmental CortuNssbn, azM hesbeen sstaNiehe081nee thera are signillcant aspects oi the Specisl Developrn8nt piStClCt that C9/fno( be satlstied Mraugh Iha impasitionoi ihe sCat~darrS PubficAccommode6pn 2one tlii
n 4. Development SteAda[4%-Specfal pevalppment0istriM No. B, Vail Vil4sge Inn: PheaelV, YPiI Pleza Hotal pmeMPlao-- proved Develapment Ptan tor Speciai Devalopment pistrict No. 6. Yail Village inn, P.hase IV, Yaii Piaza Hotel sha0 inctuda fhe tollowing pians atid materials prepared by Zehren and Associates, lnc., dated July fi,
uly20.2004: . . : . . - . . . . - . . . . 1
as rnay be further revised 6y the Trnvn of Va0 Design Review Board) . . Site {NusUatlve Ptan
. Site Vignettes Key Plan proted Yor iliuatratioa purposes on1r?
. Site Vignettea . . . ~
. Site Pfan (revised)
. Cevel Minus Two . Level Mlrws One . Ceeel Zero .
. Level One . . . I
L Lavel One & 712 . . . . LeveVTwo
. Level Three . . . . . . .
. Level Four . . . . . . . . . . . . ~
. Leve! Five . . .
. lavel Six . . . . . . .
. Roof Plan . . . . . . . . . Roof Plan (MeGhanical Equipmant) . . . . . . . .
. Streat SecOions (Yail Hoad ElavationMorth FroMage Road Elevatian) . . . . . . . . . . .
. Plaza 9ections {SaRti Plaza ElevatloNEast Plaza ElevwGon) . . . . . . . ' .
BuikGny A 6levafioqe . . . . . . . . . . . . . . . : .
Buikling A Secti4ns I
. BuiMinq B EWvetlons
. BWldinp B Secfione . . . . . . . . . ' . . , . . . .
suucuna Heignr aIan i (nbsauft rwi9hcannwrpaatea conwum) > . 8ullding tleigM Plan 2(Mqxitnum Haight Nfave Grad971nterpoleted Contours)
Pool Studv (Pooi Sections)
. . . . . . ~
, . Vaii Road Setheck Study . . . . .
. Loading and DeGvery plan
8. Street Entry $[udies (Vail RoacYSouth Erontage Road) C. Sun Study i
D. Landscape Improveme
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cJ►,sia
PROOF OF PUBLICATION ` O"`F
WNI
God
STATE OF COLORADO } °'w'
} sS. ati
COUNTY OF EAGLE WH
mis
; Po
I, Robert Brown, do solemnly swear that I am a qualified representative of the Vail Daily. That the same m
Daily newspaper printed, in whole ar in part and published in the County of Eagle, State of Colorado, and Wt-
Mta
has a general circulation therein; that said newspaper has been published continuously and
uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior :go°
to the first publication of the annexed legal notice or advertisement and that said newspaper has s;
published the requested legal notice and advertisement as requested. t"'
The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under a°f
Colorado's Home Rule provision. S'"
Es
A.
That the annexed legal notice or advertisement was published in the regulaz and entire issue of every ' s far
ao
number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of `op
s.
said notice was in the issue of said newspaper dated August 07 A.D. 2004 and that the last publication of
~
said notice was in the issue of said newspaper dated August 07 A.D. 2004.
~
` c,
, In witness whereof has here unto set my hand this lOth day of August, 2004. ? G
71
r_
Publisher/Gener ger/Editor
Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this
lOth day of August, 2004.
Aan~ela Joan Schultz
Notary Public
My Commission expires: November 1, 2007
~
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~STiI ~ i
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 19, 2009
ITEM/TOPIC: Discussion of Resolution No. 14, a resolution approving the increased fees in
the provision of fire protection services out of town limits; and setting forth details in regard
thereto.
PRESENTER(S): Judy Camp / Mike McGee
ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or deny
Resolution No. 14 increasing the fees charged for fire protection services outside of town
limits. No formal action is required on other fees, which are presented for Town Council's
review before implementation.
BACKGROUND: Town Council has asked for a review of fees charged for town services to
assure the town's costs are recovered. Fees currently charged do not recover the town's
costs. The proposed fee schedule increases fees to a level appropriate for 2009.
STAFF RECOMMENDATION: Approve Resolution No. 14 as presented.
ATTAC H M ENTS :
Resolution No. 14, Series of 2009
Fire Fees
RESOLUTION NO. 14
Series of 2009
A RESOLUTION APPROVING THE INCREASED FEES IN THE PROVISION OF FIRE
PROTECTION SERVICES OUT OF TOWN LIMITS; AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado
is a home rule municipal corporation duly organized and existing under the laws of the State of
Colorado and the Town Charter (the "Charter"); and
WHEREAS, the members of the Town Council of the Town (the "Council") have been
duly elected and qualified; and
WHEREAS, the Town of Vail Fire Department responds to requests for fire protection
services out of the Town limits; and
WHEREAS, the fees for the provision of fire protection services outside of the Town limits
should be increased to reflect the increased cost of the provision of such services, and to
compensate for inflation; and
WHEREAS, the Town Council finds and determines that the public health, safety, and
welfare will be served by adopting these regulations.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. The Council hereby approves and authorizes the Town of Vail Fire
Department to increase the fees for fire protection services outside of Town of Vail limits as set
forth in the Out of Corporate Limits Fee Schedule attached hereto as Exhibit A.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Vail held this 19th day of May, 2009.
Richard Cleveland
Town Mayor
ATTEST:
Lorelei Donaldson,
Town Clerk
Resolution No. 14, Series 2009
10-1-1
EXHIBIT A
VAIL FIRE & EMERGENCYS'ERVICES
OUT OF CORPORATE LIMITS
FEE SCHEDULE - 2009
Fees for calls for service to locations outside of the corporate limits of the Town of Vail
shall be billed according to the schedule.
Two rates are available.
I. Hourly Rate
Calls for service other than emergencies and routine responses within the
corporate limits of the Town of Vail may be billed at an hourly rate with a minimum
charge of*one hour. Rates are as follows:
Engines (Pumpers) $517 00
Ladder Trucks $775.12
Brush Trucks $140.00
Personnel costs will be billed at a rate of $72. 00 per person, one hour minimum.
Note: Excludes mutual aide and automatic aide calls to other governmental
jurisdictions and contracts with the State Forest Service and ZIS Forest Service.
II. Fire Protection Contracts
Property owners outside of the corporate limits of the Town of Vail but in
immediate proximity and within Vail Fire & Emergency Services response area, may
elect to enter into a contract for fire protection services. Such contracts must be
executed prior to an incident for coverage to be effective.
Fees for contracts for property outside of*the corporate limits shall be
equivalent to 5.0265 mills of the most recent assessed valuation as determined by the
Eagle County Assessor's Office.
Resolution No. 14, Series 2009
10-1-2
MEMORANDUM
To: Town Council
From: Matt Mire
Mike Magee
Judy Camp
Date: May 14, 2009
Subject: Fire Department Fee Schedule
On May 5, Council tabled Resolution No. 14, a resolution approving the increased fees
in the provision of fire protection services out of town limits. Other fire department fees
were discussed at the same time. We have now split the fee schedule into two separate
parts: "In Town" fees, which are addressed in Resolution No. 16 attached to this memo,
and "Out of Town" fees, which are addressed in Resolution No. 14 earlier on the
agenda.
Backqround
Title 10 of the Municipal Code includes the code adoption sections for the Building Code,
Mechanical Code, Fire Code, Electrical Codes and related codes.
The 2003 edition of the Fire Code which the Town adopted by reference, includes
Section 105.1.1 that states in part "Permit fees, if any, shall be paid prior to issuance of
the permit."
Prior to 2003, fire alarm and fire sprinkler permit fees were based on the electrical permit
fees and plumbing permit fees respectively. We were only covering about 25% of the
costs to execute the permits and inspections. In 2003, we initiated separate permit fees
for fire alarm and fire sprinkler permits in an attempt to recover the costs of plan review
and inspections.
The 2009 edition of the Fire Code, which is currently under review by the Appeals Board
in consideration for adoption by the Town Council later this year, includes Section 113.2
Schedule of Permit Fees, which states "All fees for each permit shall be paid as
required, in accordance with the schedule as established by the applicable governing
authority."
The proposed fee schedule has been adjusted to reflect the increased costs from 2003
to 2009. The base hourly rate went from $58 per hour to $72 per hour.
The Fire Code also has provisions for "standby fire personnel" for special events by
private promoters. The rate for standby personnel has been increased from $36 per
hour for fire fighters and $48 for Officers to a flat rate of $72 per hour each.
Fees for copies of fire reports have been changed to more closely align with fees
charged by the Police Department at a rate of $1.00 for the first page and $.25 for each
thereafter. Fees for CD's and DVD's reflect the estimated time to collect the data and
process it for distribution.
io-2-i
Fees for the use of fire department apparatus outside of the normal services provided
are included. While this type of activity is rare, the rates reflect current operating costs
and are consistent with fees for "out of district" responses.
io-2-2
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 19, 2009
ITEM/TOPIC: Discussion of Resolution No. 16, Series of 2009, a Resolution Approving the
Increase in the Fee Schedule for Vail Fire & Emergency Services; and Setting forth Details in
Regard Thereto.
PRESENTER(S): Judy Camp / Mike McGee
ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or deny
Resolution No. 16 increasing the fee schedule for Vail Fire and Emergency services.
BACKGROUND: The Town has adopted the International Fire Code (the "Fire Code") under
Title 10 of the Town of Vail Municipal Code. The Fire Code provides that a fee be paid for
each permit in accordance with the schedule as established by the appicable governing
authority. Periodically such fees should be adjusted to reflect the cost of the provisions of
such services and to compensate for inflation.
STAFF RECOMMENDATION: Approve Resolution No. 16, Series of 2009.
ATTAC H M ENTS :
Resolution No. 16, Series of 2009
Resoution No. 16, Series of 2009
MEMORANDUM
To: Town Council
From: Matt Mire
Mike Magee
Judy Camp
Date: May 19, 2009
Subject: Fire Department Fee Schedule
On May 5, Council tabled Resolution No. 14, a resolution approving the
increased fees in the provision of fire protection services out of town limits. The
purpose of this memo is to answer your questions from the May 5t" meeting and
provide additional background.
We have split the fee schedule into two separate parts: "In Town" fees and "Out
of Town" fees.
Backqround
Title 10 of the Municipal Code includes the code adoption sections for the
Building Code, Mechanical Code, Fire Code, Electrical Codes and related codes.
The 2003 edition of the Fire Code which the Town adopted by reference,
includes Section 105.1.1 that states in part "Permit fees, if any, shall be paid prior
to issuance of the perm it."
Prior to 2003, fire alarm and fire sprinkler permit fees were based on the
electrical permit fees and plumbing permit fees respectively. We were only
covering about 25% of the costs to execute the permits and inspections. In
2003, we initiated separate permit fees for fire alarm and fire sprinkler permits in
an attempt to recover the costs of plan review and inspections.
The 2009 edition of the Fire Code, which is currently under review by the
Appeals Board in consideration for adoption by the Town Council later this year,
includes Section 113.2 Schedule of Permit Fees, which states "A fees for each
permit shall be paid as required, in accordance with the schedule as established
by the applicable governing authority."
The proposed fee schedule has been adjusted to reflect the increased costs from
2003 to 2009. The base hourly rate went from $58 per hour to $72 per hour.
The Fire Code also has provisions for "standby fire personnel" for special events
by private promoters. The rate for standby personnel has been increased from
$36 per hour for fire fighters and $48 for Officers to a flat rate of $72 per hour
each.
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Fees for copies of fire reports has been changed to more closely align with fees
charged by the Police Department at a rate of $1.00 for the first page and $.25
for each thereafter. Fees for CD's and DVD's reflect the estimated time to collect
the data and process it for distribution.
Fees for the use of fire department apparatus outside of the normal services
provided are included. While this type of activity is rare, the rates reflect current
operating costs and are consistent with fees for "out of district" responses.
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RESOLUTION NO. 16
Series of 2009
A RESOLUTION APPROVING THE 1NCREASE 1N THE FEE SCHEDULE FOR VAIL
FIRE & EMERGENCY SERVICES; AND SETTING FORTH DETAIL 1N REGARD
THERETO.
WHEREAS, the Town of Vail (the "Town"), in the County of eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the laws of
the State of Colorado and the Town Charter (the "Charter"); and
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified; and
WHEREAS, the Town has adopted the International Fire Code (the "Fire Code")
under Title 10 of the Town of Vail Municipal Code (the "Municipal Code"); and
WHEREAS, Section 105.1.1 of the 2003 edition and Section 113 of the 2009 edition
of the Fire Code provides that a fee be paid for each permit in accordance with the schedule
as established by the applicable governing authority; and
WHEREAS, such fees should be periodically adjusted to reflect the cost of the
provisions of such services and to compensate for inflation; and
WHEREAS, the Town Council finds and determines that the public health, safety and
welfare will be served by adopting these regulations.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Council hereby approves and authorizes Vail Fire & Emergency
Services to increase the fees for permits and services authorized under the Fire Code as set
forth in the Fee Schedule attached hereto as Exhibit A.
Section 2. This resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 19th day of May, 2009.
Richard Cleveland
Town Mayor
ATTEST:
Lorelei Donaldson
Town Clerk
Resolution No. 16, Series of 2009
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EXHIBIT A
VAIL FIRE & EMERGENCYSERVICES
FEE SCHEDULE - 2009
I. Permits
Fire Alarm Permits
Minimum Permit Fee$288
Fee % Valuation 3.75%
Fire Sprinkler Permits $432
Fee % Valuation 4.25%
Permits issued under a Scope of Work letter shall be assessed a fee not less than
$144. 00 and may be increased at a rate of $72 per hour for inspections, revisions, and
similar elements.
Re-inspection and plan review for re-submittals shall be billed at $72. 00 per hour.
Operational Permits, Special Event Permits, and Construction Permits other than
those required for Fire Alarm and Fire Sprinkler systems, issued under provisions of
the International Fire Code shall be based on an hourly rate of $72. 00 per hour per
person for site inspections, plan review, and permit processing.
II. Fire Reports
Copies of fire reports shall be charged out at $1. 00 for the first page and $.25 for each
additional page for NFIRS reports and black and white copies of photos and other
attachments printed on copier(s). Mailing charges shall be added and labor in hatf
hour increments at $72.00/hour.
Copies of fire reports and photos on CD/DVD shall be charged at a rate of $39. 00 each
plus mailing costs. CD/DVD's are subject to agreement on format.
Hourly Rate
Calls for service other than emergencies and routine responses within the
corporate limits of *the Town of * Vail may be billed at an hourly rate with a minimum
charge of one hour. Rates are as follows:
Engines (Pumpers) $517 00
Resolution No. 16, Series of 2009
11 -2-2
Ladder Trucks $775.12
Brush Trucks $140.00
Personnel costs will be billed at a rate of $72. 00 per person, one hour minimum.
Note: Excludes mutual aide and automatic aide calls to other governmental
jurisdictions and contracts with the State Forest Service and tIS Forest Service.
IV. Standby Personnel
Standby fire personnel shall be billed at a rate of $72. 00 per hour per person.
Resolution No. 16, Series of 2009
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 19, 2009
ITEM/TOPIC: Information Update.
--Summer Vista Bahn Service Update.
--Vail Village Master Plan Amendment Debrief.
PRESENTER(S): Pam Brandmeyer
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 19, 2009
ITEM/TOPIC: Matters from Mayor and Council.
PRESENTER(S): Town Council
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 19, 2009
ITEM/TOPIC: The purpose of this memorandum is to share information regarding Segwayse.
PRESENTER(S): Steve Wright
ACTION REQUESTED OF COUNCIL: Town Council may choose to direct Staff to pursue
amendments to the Town Code to allow for balancing scooters on bike and pedestrian paths,
return with additional information, or take no action.
BACKGROUND: On May 5, 2009, Town Council directed Staff to place the item on the May
19, 2009 Town Council work session agenda, following citizen input regarding Segwayse.
STAFF RECOMMENDATION: The purpose of this memorandum is to share information
regarding Segways@. This memorandum is for information purposes only, therefore no Staff
recommendation is included.
ATTAC H M ENTS :
Memorandum
MEMORANDUM
TO: Vail Town Council
FROM: Town Staff (Community Development, Public Works, Police, Fire)
DATE: May 5, 2009
SUBJECT: Segway0 (Balancing Scooter) on Bike and Pedestrian Paths
1. SUMMARY
The purpose of this memorandum is to share information regarding Segways0. This
memorandum is for information purposes only, therefore no Staff recommendation is
included. The Town Council received an inquiry from William Glass, in January 2009,
regarding the use of Town of Vail bike paths for Segway0 tours. Herein after `Segway0'
will be referred to as the generic term `balancing scooter.'
BALANCING SCOOTER:
• Battery operated
• Approximate maximum speed of 12 mph
• Approximately 2 feet wide
• Approximately 100 pounds
In summary, the following findings and issues are discussed in this memo:
• Balancing scooters are currently prohibited on bike and pedestrian paths in Vail, but are
allowed on public streets in Vail. An ordinance amendment would be required to allow
them on bike and pedestrian paths.
• Most Colorado jurisdictions prohibit balancing scooters on bike and pedestrian paths.
• Balancing scooters may improve bike and pedestrian path accessibility for the elderly
and/ or injured and may promote tourist activity.
• Balancing scooters may increase congestion on streets and bike and pedestrian paths.
• Concern regarding `trickle effect' - other personal vehicles (i.e. golf carts, 3 and 4 wheel
cycles etc.) and their allowance or prohibition on bike and pedestrian paths.
• Several concerns regarding the proposed balancing scooter tour operation details.
• Summary of State of Colorado Bill 09-0126, currently in review.
II. EXISTING REGULATIONS
Balancing scooters are currently prohibited on bike and pedestrian paths in Vail, because
they are considered to be a`motor-driven cycle' defined below:
Section 7-4-1, Definitions, Vail Town Code:
MOTOR-DRIVEN CYCLE: Every motorcycle, including every motorscooter, bicycle with
motor attached, trail bikes, minibikes, go-carts, golf carts and similar vehicles.
Section 7-4-2: USE OF PATHS DESIGNATED, Vail Town Code:
8. Vehicles Prohibited: It is unlawful for any person to operate a"motor vehicle';
„motorcycle,; „motor-driven cycle", or "people-powered vehicle", as defined in Section 7-4-1
of this Article, upon or across any bicycle and pedestrian path in the Town.
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III. OTHER JURISTICTIONS:
1. Denver: Balancing scooters are allowed on bike and pedestrian paths. Balancing
scooter tours utilize sidewalks on the 16th Street Mall and bike paths along the Platte
River.
2. Aspen: Balancing scooters are prohibited on recreational paths.
3. Boulder: Balancing scooters are prohibited on recreational paths.
4. Telluride: Balancing scooters are allowed on streets, but are prohibited on sidewalks,
trails and in the Bear Creek open space preserve.
5. Estes Park: Balancing scooters are allowed on streets and town-owned bike routes,
but are prohibited in the downtown area and on open space trails operated by the
Recreation District.
6. Eaqle Countv: Balancing scooters are prohibited on ECO Trails. No `motorized
vehicles' with the exception of maintenance vehicles and motorized wheelchairs.
7. Roarinq Fork Transportation Authority: Balancing scooters are prohibited on trails. No
`motorized devices' with the exception of maintenance vehicles and motorized
wheelchairs.
8. State of Colorado: Has not yet enacted legislation affirmatively permitting balancing
scooter use on public ways.
9. Other States: 43 states and the District of Columbia have enacted legislation to allow
balancing scooters on sidewalks and bicycle paths. However, each municipality has the
right to prohibit them.
IV. ISSUES
1. Accessibilitv/ Tourism
• Balancing scooters may allow better access for the elderly and/or injured, on bike
and pedestrian paths in Vail.
• Other destination resort communities and cities allow balancing scooter tours that
may promote tourist activity (i.e. Disneyworld, Disneyland, City of San Francisco,
City of Chicago etc.).
2. Pedestrian Areas
• If balancing scooters are allowed on bike paths, would they be allowed on
sidewalks?
• Section 17-18, Riding on sidewalks, Model Traffic Code, states that when signs are
erected giving notice thereof, no person shall ride a bicycle upon a sidewalk, and
that when any person is riding a bicycle upon a sidewalk, such person shall yield the
right-of-way to any pedestrian.
• Currently, bikes are allowed in pedestrian malls, however, in construction zones,
bikers must dismount.
• Currently, pedestrians do not have the right-of-way on bike paths in Vail. However,
pedestrians have the right-of-way on streets.
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• If balancing scooters area allowed, careful consideration should be given to the
definition, regulation and enforcement of right-of-way on bike and pedestrian paths.
3. Street Access
• Currently, balancing scooters are allowed on public streets in Vail under Section 7-
4-1, Definitions, Vail Town Code stated below.
• The potential volume of balancing scooters on the public streets is a concern. If
balancing scooters were allowed on bike and pedestrian paths, then the volume of
balancing scooters would likely increase and may congest the areas of public
streets that connect the designated bike and pedestrian paths.
• 7-4-1 BICYCLE AND PEDESTRIAN PATHS: That portion of the public domain
specifically dedicated and designed for the exclusive use of bicycles and
pedestrians and so described on the official bicycle and pedestrian path map on file
with the Town Clerk, and excluding therefrom all portions of the bicvcle and
pedestrian paths which may otherwise be dedicated as public streets.
4. Trail Conqestion
• Allowing balancing scooters would increase congestion on bike and pedestrian
paths and streets in Vail.
• Congestion will increase conflicts between bikes, pedestrians, balancing scooters,
and other vehicles that are considered in Number 5, below.
• Congestion on the trails may deter bikers from using the bike trail, which would
defeat one of the goals of the trails, which is to remove bike and pedestrian traffic
from the streets.
5. Other Similar Vehicles
• Below are some examples of other similar vehicles that are currently prohibited on
trails and sidewalks in Vail, under Section 7-4-2, Vail Town Code, Use of Paths
Designated, Vail Town Code, stated below.
SKATEBOARD SCOOTER: MOBILITY SCOOTER:
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- Gas or electric powered - Gas or electric powered
- Max speed of 20 mph - Max speed of 4-10 mph
- Approx 100 pounds - Approx 20-40 inches wide
- Approx 100 pounds
iE
_ GOLF CART: "T` 3-WHEEL SCOOTER:
- Gas or electric powered - Gas or electric powered
- Max speed of 15 mph
- Approx 50 inches wide ~
- Approx 600 pounds
3-WHEEL CYCLE: ,._P- 4-WHEEL CYCLE:
- Human powered - Human powered
- Approx 35 inches wide - Approx 35 inches wide
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Section 7-4-2: USE OF PATHS DESIGNATED:
8. Vehicles Prohibited: It is unlawful for any person to operate a"motor
vehicle,; „motorcycle,; „motor-driven cycle'; or "people-powered vehicle"; as
defined in Section 7-4-1 of this Article, upon or across any bicycle and
pedestrian path in the Town.
TOWN CODE DEFINITIONS (7-4-1):
BICYCLE: Every device, propelled by human power and upon which any
person may ride, having two (2) wheels in tandem.
MOTOR-DRIVEN CYCLE: Every motorcycle, including every motorscooter,
bicycle with motor attached, trail bikes, minibikes, go-carts, golf carts and
similar vehicles.
MOTOR VEHICLE: Any self-propelled vehicle which is designed primarily for
travel on the public streets and highways and which is generally and
commonly used to transport persons and property over the public streets
and highways.
PEOPLE-POWERED VEHICLE: Every vehicle propelled by human power,
having a body, three (3) or more wheels, and a seat or seats for two (2) or
more persons.
6. Balancinq Scooter Tour Operation Details
The following questions and concerns are in regard to the proposed private balancing
scooter tour business in Vail:
• What happens if a balancing scooter breaks down on the bike path? Is the operator
going to pick it up and carry it out?
• Are they going to be required to ride single file?
• What is the maximum tour group size?
• Would more than one balancing scooter tour company use the same section of trail?
• The unloading and loading of balancing scooters is a concern in East Vail, because
they would have to cross Bighorn Road to get to the trail.
• Can the balancing scooter climb the steep slopes in Vail?
• Is there an age limit? Helmet use? Some states have minimum age requirements
for operators or mandate helmet use for certain ages. One state (New Jersey)
requires helmet use for all ages. No states require the operator of a balancing
scooter to be licensed. Balancing scooters are exempted from registration
requirements.
• Where would the balancing scooters park? Bike racks? Section 17-17, Parking,
Model Traffic Code, states that bikes shall be parked on racks, curbs and to afford
the least obstruction to pedestrian traffic.
7. State of Colorado Leqislation
HOUSE BILL 09-1026, is currently in review.
Bill 09-1026 Summarv (Note: This summary applies to this bill as introduced and does not
necessarily reflect any amendments that may be subsequently adopted):
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• Replaces the current categories of self-propelled vehicles of "motor-driven cycle",
"motorscooter", and "motorized bicycle" with "motorcycle" and "low-power scooter."
• Applies substantially similar requirements to such vehicles.
• Defines "low-power scooter" as a vehicle with less than 4 wheels, no manual clutch,
and a power capacity not exceeding either 50cc or 4,476 watts.
• Conforms the definitions of "motorcycle" and "toy vehicle" to categorize the vehicles.
• Requires a powersports category of license to sell a low-power scooter.
• Requires the driver of a low-power scooter to carry insurance, effective July 1, 2010.
• Prohibits the operation of a low-power scooter at over 40 miles per hour.
• Imposes the following penalties for exceeding 40 miles per hour:
0 1-4 miles per hour over is $56 and 0 points;
0 5-9 miles per hour over is $85 and 2 points;
o More than 9 miles per hour over is $116 and 4 points.
• Clarifies that the drug and alcohol driving offenses apply to all vehicles, including
low-power scooters, farm tractors, and off-highway vehicles.
Excerpts from Draft Bill 09-1026:
• 12-6-102 -"MOTORVEHICLE"includes, without limitation, a low-power scooter.
• INCLUDES,WITHOUT LIMITATION, A LOW-POWER SCOOTER, AS DEFINED IN
• 42-1-102, C.R.S "LOW-POWER SCOOTER" means a self-propelled vehicle
designed primarilv for use on the roadwavs with not more than three wheels in
contact with the ground, no manual clutch, and either of the following:
o A cylinder capacity not exceeding fifty cubic centimeters if powered by
internal combustion; or
o A wattage not exceeding four thousand four hundred seventy-six if powered
by electricity.
• 42-1-102 - LOW-POWER SCOOTER shall not include a toy vehicle, bicycle,
electrical assisted bicycle, wheelchair, or any device designed to assist mobility
impaired people use pedestrian rights-of-way.
• 42-2-103 - LOW-POWER SCOOTER shall be operated on any interstate system as
described in section 43-2-101 (2), C.R.S., except where a bicycle may be operated
on such interstate system, on any limited-access road of the state highway system
as described in section 43-2-101 (1), C.R.S., or on any sidewalk, unless such
operation is specifically designated.
• 43-2-101 - LOW-POWER SCOOTERS may be operated upon roadways, except as
provided in this section, and in bicycle lanes included within such roadways.
• 42-4-109 - A person under the age of eighteen years may not operate or carry a
passenger who is under eighteen years of age on a LOW-POWER SCOOTER
unless the person and the passenger are wearing protective helmets.
• 42-4-109 - Local authorities may supplement this digest [refers to required State
operational guide for low-power scooters] with a leaflet describing any additional
regulations of a local nature that APPLY within their respective jurisdictions.
V. ACTION REQUESTED OF COUNCIL
Town Council may choose to direct Staff to pursue amendments to the Town Code to allow
for balancing scooters on bike and pedestrian paths, return with additional information, or
take no action.
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 19, 2009
ITEM/TOPIC: Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(b) - to receive legal
advice on specific legal questions, Re: update from the Town Attorney on pending and/or
threatened litigation and other Town legal matters.
PRESENTER(S): Matt Mire