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HomeMy WebLinkAbout2010-10-19 Agenda and Support Documentation Town Council Evening Session VAIL TOWN COUNCIL EVENING SESSION AGENDA +` TM W Via' VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., OCTOBER 19, 2010 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM /TOPIC: Citizen Participation (15 min.) PRESENTER(S): Public 2. ITEM /TOPIC: Town Manager's Report (5 min.) PRESENTER(S): Stan Zemler 3. ITEM /TOPIC: Consent Agenda: Approval of September 7, 2010 Meeting Minutes Approval of September 21, 2010 Meeting Minutes (5 min.) PRESENTER(S): Pam Brandmeyer 4. ITEM /TOPIC: Discussion of the Comcast franchise agreement. (45 min.) PRESENTER(S): Janet Rinaldi / Ron Braden / Matt Mire ACTION REQUESTED OF COUNCIL: Listen to the presentation, ask questions of staff and Comcast representative, Janet Rinaldi, and provide staff with direction. BACKGROUND: In 1995, the Town of Vail (the "Town ") entered into a cable franchise agreement with TCI Cablevision. Several years later, TCI was purchased by AT &T and finally Comcast. As part of this agreement, the Town was given a fiber optic network connecting all five of our municipal buildings. At the time, this was an in -kind contribution to the Town of approximately $250,000. The franchise agreement ended on January 4th of 2010. The agreement provides for continuation of service on a month to month basis until a new agreement can be agreed upon by the Town of Vail and Comcast. At present, Comcast is the only land based television service provider in Vail. They own the infrastructure and they carry the franchise agreement, which (among other things) provides them right of way access for their network. While the Town is more than willing to entertain other entities in this process, there simply are no other companies who have showed interest in buying the system from Comcast. A Comcast representative will be meeting with council to discuss the franchise agreement and address any concerns the council may have. 10/19/2010 STAFF RECOMMENDATION: Listen to the presentation, ask questions of staff and Comcast representative, Janet Rinaldi, and provide staff with direction. 5. ITEM /TOPIC: Request for permission to proceed through the development review process for use of Town of Vail owned property, adjacent to the applicant's property at 232 West Meadow Drive/ Lot 7, Vail Village Filing 2, to allow an existing bridge and retaining wall, located on Tract B, Vail Lionshead Filing 2. (20 minutes) PRESENTER(S): George Ruther ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with conditions or deny the applicant's request to proceed through the development review process for the use of Town of Vail owned property. BACKGROUND: On April 1, 2009, at the request of Town Council, 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. On May 19, 2009, Town Council authorized Staff to proceed with the issuance of a contract in the amount of $55,000 to PLC, Inc. for the surveying of public stream tracts along Gore Creek and the primary tributaries in the Town of Vail. On October 6, 2009, the Vail Town Council directed Staff to take a zero - tolerance policy with any encroachments into the streamtract. Further, the Vail Town Council instructed Staff to contact owners and work out a compliance strategy for each encroachment. As a result, the applicant, Mery Lapin, was sent a letter regarding his encroachment, which resulted in multiple meetings with Staff to discuss options for compliance. On August 17, 2010, at the Vail Town Council evening session, the applicant requested that his request to proceed through the process be placed on a future Vail Town Council agenda. STAFF RECOMMENDATION: Per the established Vail Town Council policy, Staff recommends that the Vail Town Council deny the applicant's request to proceed through the development review process, and directs Staff to work with the applicant to ensure the removal of the subject encroachments. 6. ITEM /TOPIC: Request for permission to proceed through the development review process to remove trees on Town -owned property adjacent to the Gore Creek Plaza Building. (15 min.) PRESENTER(S): George Ruther ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with conditions or deny the applicant's request to proceed through the development review process. BACKGROUND: On April 28, 2000, Blu's Beanery was granted permission to utilize 139.3 square feet of town -owned property adjacent to the Gore 10/19/2010 Creek Plaza Building for outdoor seating. A five -year contract was granted and was subsequently extended until December 31, 2010. The applicant is requesting permission to proceed through the development review process to remove three cottonwood trees because they are infested with aphids, causing excess residue to form and fall on the outdoor seating area. STAFF RECOMMENDATION: Staff recommends that the applicant be granted permission to proceed through the development review process. 7. ITEM /TOPIC: A discussion on the recent realignment of roadway striping on the South Frontage Road through the Intermountain neighborhood. (15 min) PRESENTER(S): Gregg Barrie ACTION REQUESTED OF COUNCIL: NA BACKGROUND: In May of 2010, the Department of Public Works, in conjunction with CDOT, realigned the roadway striping on the South Frontage Road in Intermountain. The realignment project had been discussed in recent years in response to the following: 1) Numerous comments and concerns about unsafe conditions from the biking community. 2) Accepted roadway standards recommend against two -way, one - sided bike and pedestrian facilities. 3) Efforts to accommodate numerous user groups in a confined corridor. 4) Similar alignment in place on Bighorn Road in East Vail for close to two decades. Shortly after the work was completed, neighbors raised concerns that the new alignment was less safe than the original because the south shoulder was narrowed. Additional signs and a painted crosswalk were added to encourage west -bound bikers to ride with traffic per traffic laws, thereby reducing congestion on the south shoulder. The new alignment meets or exceeds accepted roadway design standards. STAFF RECOMMENDATION: Because the new alignment meets or exceeds accepted roadway design standards, staff recommends no immediate changes to the new alignment. When the roadway is scheduled to be resurfaced, staff recommends minor adjustments to provide additional room on the south shoulder by reducing the north shoulder to the minimum standard. 8. ITEM /TOPIC: First Reading of Ordinance No. 16, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to establish regulations for ski yard signs, and setting forth details in regard thereto. (PEC100041) (15 min.) PRESENTER(S): Warren Campbell, Planner and Jeff Baab, VRI ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council approve, approve with modifications, or deny Ordinance No. 16, 10/19/2010 Series of 2010, upon first reading. BACKGROUND: Title 11, Sign Regulations, Vail Town Code, does not address ski yard signs. Until recently, the base areas of Vail Mountain were not located within the Town of Vail. Signs associated with lift ticket booths are also not addressed within Title 11, Sign Regulations. To date, the Town has worked with Vail Resorts to develop ski yard sign regulations that meet the intent of the Sign Regulations. The PEC held a work session on ski yard signage at the September 13, 2010 hearing and provided Staff with comments that are detailed in Section III of the September 27, 2010 Staff memorandum. On September 27, 2010, the PEC recommended approval of the proposed prescribed regulations amendments to the Vail Town Council (6 -0 -1, Cartin recused). 9. ITEM /TOPIC: Resolution No. 25, Series of 2010, a Resolution Approving an Intergovernmental Agreement Between the Town of Vail and the Eagle County Regional Transportation Authority; and Setting Forth Details in Regard Thereto. (10 min.) PRESENTER(S): Gregg Barrie ACTION REQUESTED OF COUNCIL: Approve the IGA, and authorize the Town Manager to sign and enter into the IGA with the Eagle County Regional Transportation Authority. BACKGROUND: In April of 2010, the Department of Public Works applied for a Safety Modification Grant through the ECO Trails Committee. The grant was approved in the amount of 70% of the cost of the project up to $6,340. An Intergovernmental Agreement (IGA) between the Town of Vail and The Eagle County Regional Transportation Authority is required for the grant funds to be dispersed. Once approved, the town can invoice ECO Trails for reimbursement of the work. STAFF RECOMMENDATION: Approve the IGA, and authorize the Town Manager to sign and enter into the IGA with the Eagle County Regional Transportation Authority. 10. ITEM /TOPIC: Second reading of Ordinance No. 15, Series of 2010, an ordinance amending Chapter 12 -6, Residential Districts, Vail Town Code, to establish the Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. (30 minutes) PRESENTER(S): Bill Gibson, Planner and Dominic Mauriello, Mauriello Planning Group ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny the second reading of Ordinance No. 15, Series of 2010. BACKGROUND: On October 5, 2010 the Vail Town Council approved the first reading of Ordinance No. 15, Series of 2010, by a vote of 5 -2 -0 (Rogers and Tjossem opposed). 10/19/2010 STAFF RECOMMENDATION: On August 23, 2010 the Planning and Environmental Commission forwarded a recommendation of approval, with modifications, by a vote of 5 -0 -0, to the Vail Town Council for prescribed regulation amendments to Chapter 12 -6, Residential District, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to establish a new zone district, Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. 11. ITEM /TOPIC: Resolution 23, Series of 2010, a resolution amending Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub -Area ( #6) to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. (5 minutes) PRESENTER(S): Bill Gibson, Planner and Dominic Mauriello, Mauriello Planning Group ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Resolution 23, Series of 2010. BACKGROUND: On October 5, 2010 the Vail Town Council tabled the final decision on Resolution 23, Series of 2010 to coincide with the second reading of the related Ordinance No. 15, Series of 2010. STAFF RECOMMENDATION: On August 23, 2010 the Planning and Environmental Commission forwarded a recommendation of approval to the Town Council for Resolution No. 23, Series of 2010, a resolution amending Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub -Area ( #6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. 12. ITEM /TOPIC: Adjournment (9:00 P.M.) 10/19/2010 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 19, 2010 ITEM /TOPIC: Town Manager's Report PRESENTER(S): Stan Zemler 10/19/2010 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 19, 2010 ITEM /TOPIC: Consent Agenda: Approval of September 7, 2010 Meeting Minutes Approval of September 21, 2010 Meeting Minutes PRESENTER(S): Pam Brandmeyer 10/19/2010 T VAIL VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 19, 2010 ITEM /TOPIC: Discussion of the Comcast franchise agreement. PRESENTER(S): Janet Rinaldi / Ron Braden / Matt Mire ACTION REQUESTED OF COUNCIL: Listen to the presentation, ask questions of staff and Comcast representative, Janet Rinaldi, and provide staff with direction. BACKGROUND: In 1995, the Town of Vail (the "Town ") entered into a cable franchise agreement with TCI Cablevision. Several years later, TCI was purchased by AT &T and finally Comcast. As part of this agreement, the Town was given a fiber optic network connecting all five of our municipal buildings. At the time, this was an in -kind contribution to the Town of approximately $250,000. The franchise agreement ended on January 4th of 2010. The agreement provides for continuation of service on a month to month basis until a new agreement can be agreed upon by the Town of Vail and Comcast. At present, Comcast is the only land based television service provider in Vail. They own the infrastructure and they carry the franchise agreement, which (among other things) provides them right of way access for their network. While the Town is more than willing to entertain other entities in this process, there simply are no other companies who have showed interest in buying the system from Comcast. A Comcast representative will be meeting with council to discuss the franchise agreement and address any concerns the council may have. STAFF RECOMMENDATION: Listen to the presentation, ask questions of staff and Comcast representative, Janet Rinaldi, and provide staff with direction. ATTACHMENTS: Comcast Memorandum Comcast Fee Collections 10/19/2010 HAYES, PHILLIPS, HOFFMANN & CARBERRY, P.C. Mi 1530 Sixteenth Street, Suite 200 Denver, Colorado 80202 -1468 Telephone: (303) 825 -6444 Facsimile: (303) 825 -1269 Corey Y. Hoffmann Fairplay Office Elizabeth C. Gross Kendra L. Carberry 675 Main Street Christine C. Stretesky JetTerson H. Parker P.O. Box 1046 Cristina DiMaria Fairplay, CO 80440 Of Counsel Telephone: (719) 836 -9005 John E. Hayes Facsimile: (719) 836 -9010 Herbert C. Phillips TOWN OF VAIL MEMORANDUM TO: MAYOR AND TOWN COUNCIL FROM: KENDRA L. CARBERRY, ESQ. VJ. / THROUGH: MATT MIRE, TOWN ATTORNEY RON BRADEN, MANAGER, INFORMATION TECHNOLOGY DATE: OCTOBER 14, 2010 RE: COMCAST CABLE FRANCHISE AGREEMENT The purpose of this memorandum is to provide the Town Council with background for its discussions with Comcast at the Council's October 19, 2010 meeting. In 1995, the Town entered into a Cable Franchise Agreement ( "Franchise ") with TCI Cablevision. Several years later, TCI was purchased by AT &T and then finally by Comcast, the current cable service provider. As part of the Franchise, the Town was given a fiber optic network connecting all five of its municipal buildings. This was, at the time, an in -kind contribution to the Town of approximately $250,000. The Agreement also provided that the Town would have the latest in technological advancements, the same as enjoyed in other front range communities. Although AT &T /Comcast were slow to implement both high speed Internet and High Definition Television in Vail, the Town still enjoys a much higher level of service than is provided to other communities west of Edwards, a market currently serviced by CenturyLink Cablevision. Under the Franchise, Comcast bills and collects from its subscribers a Public, Educational and Government Fee ( "PEG Fee "), which is transferred to the Town. The funds generated from the PEG Fee are designated for public, educational, or government use. Approximately $70,000 (or 30 %) of the funds generated annually are provided to Channel 5 Television. The remainder 10114/10 Q:1 USERS) VAILWLC201WCOMCAST- MOLDOCX 10/19/2010 4 -1 -I October 14, 2010 Page 2 of the revenue is placed into the Town's General Fund. Channel 5 currently records Town Council meetings and airs them onto Channel 5. It also streams council meetings to the Internet using a third party streaming provider. Additionally, the IT Department budgets for and maintains the equipment used by our public access channel (Channel 10) which displays Town information, CDOT road conditions, and the I -70 CDOT camera tour. This camera feed is currently being sent to the IT Department on the fiber optic network. Eagle County also maintains a public access channel (eco tv 18) with a full production studio, which is staffed and supported by the Public Information Office. In addition to the Channel 5 system, we currently use the Eagle County Granicus -based system to stream our council meetings to the Internet. At present, Comcast is the only land -based television service provider in. Vail. It owns the infrastructure and holds the Franchise which, among other things, provides right -of -way access for Comcast's network. While it is our understanding that the Town has received complaints about the quality of cable service provided by Comcast, it is important to note that there are no other companies who have showed interest in providing cable television service in the Town. To determine if Comcast is meeting the terms of the Franchise and providing the level of quality required by the Franchise, a technical audit of the system should be performed. The Franchise expired under its own terms on January, 4, 2010. However, both the Franchise and federal law provide for continuation of cable service on a month -to -month basis until a new franchise agreement can be executed. As part of the new franchise agreement, the Town has requested a $35,000 capital contribution from Comcast to pay for the installation of four cameras and a production system. We have also asked that Comcast provide the Town with a studio. The new equipment would allow Channel 5 to record the meetings on Town equipment for airing onto Channel 5 and the Internet. It also gives the Town the ability to record other meetings held in Council chambers, and creates the base system for which the Town could broadcast meetings live onto Channel 10. We have been negotiating the terms of a new franchise agreement with Janet Rinaldi, Comcast's local representative. Thus far, Comcast has not agreed to provide the $35,000 capital contribution or the studio requested by the Town, noting that Comcast has not made similar contributions to other communities. Ms. Rinaldi will appear at your Council meeting on October 19 to discuss the continuation of the franchise agreement and address any concerns you may have. As always, please let us know if you have any questions or need additional information. 10114110 Q: I USERSIVAILXLC120101COMCAST- MOI.DOCX 10/19/2010 4 -1 -2 Comcast Franchise Fee Collections 2 Qtrs Budget 2006 2007 2008 2009 YTD 2010 2011 TOV 116,182 174,667 130,387 136,763 84,331 162,198 TV 5 71,201 19,846 86,924 91,175 36,141 70,000 %age to TV 5 40% 40% 40% 40% 30% 30% Total Revenue 187,383 194,513 217,311 227,938 120,472 232,198 10/19/2010 4 -2 -1 Public Access TV 5 331 Metcalf Rd. Suite 6 A/B PUBLIC Avon, CO 81620 � ACCESS Oct. 14, 2010 TELEVISION Vail Town Council 75 South Frontage Rd. Vail, CO 81657 Dear Council Members, Thank you for your continued support of Channel 5. Channel 5 is a great asset to the community and Comcast. It allows locals to express local ideas to locals; ideas which are often ignored by consolidated national media or drowned by the masses of the web. We give residents the ability to become media literate, get involved in the democratic debate and stay abreast of local government decisions. In many other communities, franchise fees are meant to cover operations while initial and yearly capital improvement funds from cable operators are dedicated to equipment purchase. However, Channel 5 both operates and purchases equipment largely with franchise fees. (A $10,000 capital improvement grant, provided by Comcast, is available each year from the town of Avon.) Since the last franchise agreement was negotiated, funding from eastern unincorporated Eagle County shifted to ECO tv, forcing us to rely even more on franchise fees. To combat this, we've scaled back employment and equipment purchases and created additional funding streams. In the past four years, we've become a lean operation that still has managed to expand our services by offering web video, higher quality productions and training and equipment for residents, nonprofits, schools and government. But this is Vail. And we want to do even better. In the future, we'd like to improve the production quality of your meetings with multiple cameras, as well as live cablecast and webcast. We'd also like to expand training and equipment availability for residents, nonprofits, schools and governments. We need additional funds to accomplish these goals. At the maximum, we'd like initial and yearly dedications of capital funds to improve production of Vail Town Council meetings and to update equipment at Channel 5 while franchise fee allocation remain consistent. While it would hamper our ability to achieve these goals, we ask that at a minimum you continue the current agreement. Please take a look at the attached document, which outlines recent outcomes of cable franchise renewals. Although town sizes vary, I imagine you can extrapolate what might be possible in a town the size of Vail. Sincerely, J.K. Perry Executive Director Public Access N 5 970 - 949 -5657 vailchan5 @comcast.net Outcomes of Recent Cable Franchise Renewals Cable City /State Funding nding for Support for PEG Access Services Cable Company Year Rebuild Institutional PEG Access PEG Access Renewed Highlights Network Channels No. of Subscribers Equipment and Facilities Source Amount System capacity: Included in funding for 870+ MHz Company to equipment & facilities. 200+ channels). provide PEG Initial: $500,000 Humboldt County and ( Access fiber Initial: 3 analog Free PEG Access the Cities of Eureka, s in electronic channels 18 MHz). After 12 months: listings System to support links (at its ( ) g Arcata, Fortuna, ro guide. high -speed Internet cost) to 13 program 9 Femdale, Blue Lake 2 additional digital $250,000 Cable and Rio Dell, CA 2006 and phone service. locations, channels may be Ongoing: Free annual billstuffer. including the requested at an $200,000 /year (in Company Fiber links between CMC. y additional to 20 free promo ads per Cox 8 Years headend and 20 sites, time. above grants) week inserted on other (being ransferred to ) including Community Company to g Media Center CMC . provide u to After 2 years, 2 U cable channels. Cebridge in June 06) ( ) P P additional analog P to $25,000 for y All systems in County $70,000 for channels may be CMC equipment Up to $5,000 /access 31,000 subscribers to be interconnected seven other requested. to transmit and channel if re- located. for exchange of PEG PEG Access receive signals. Access programming, fiber links. County & (To be determined Cities yearly by Councils) Comcast to Initial: 2 analog provide I -Net channels. 860 MHz fiber /coax to link public Included funding for After 24 months: equipment and rebuild — to be buildings for Initial Grant: completed within voice, video 4 analog channels. $828,000 facilities. Santa Maria & 24 months. & data. Thereafter: up to Free program listings Lompoc, CA I -Net to link 7 analog channels. Annual Grants: in print and electronic Internet capability. Cities' media After digital $355,000 /year for Cable program guides. Comcast 2002 Interconnection with centers to transition, up to 20 12-year franchise Company 10 free promotional other Comcast each other. digital channels. term (adjusted spot insertions per 25,000 subscribers systems in North each year per week. Santa Barbara County Comcast to Channel locations local CPI), in and all other systems provide all may not change additional to initial Free annual billstuffer. in Cities. hardware to more than once per grant. transmit PEG 5 years, unless due $2,000 /access channel if re- located. Access and to must -carry I -Net signals. requirements. Prepared by The Buske Group Page 1 Outcomes of Recent Cable Franchise Renewals Ci /State Cable Company Funding for Support for PEG Access Services Cable Company Year Rebuild Institutional PEG Access PEG Access Renewed Highlights Network Channels No. of Subscribers Equipment and Facilities Source Amount 750+ MHz fiber /coax "Telecom./ rebuild completed at Partially included in time of renewal. Technology funding for equipment Grants" and facilities. Internet capability. Initial: 3 analog (for PEG Access Fiber links between City may use channels. and I -Net equip- Free PEG Access ment and directly Cable listings in Oceanside, CA PEG Access center, portion of the Thereafter: electronic headend and 3 sites. "Telecom./ up to 4 analog related services): Company program guide. Cox 2002 Interconnection with Technology channels. Initial: $1.4 million Free annual billstuffer. others stems in City Grants" to Y tY After digital After 12 months: 50,000 subscribers to exchange PEG construct an transition, up to 8 $1.35 million Up to $10,000 /access Access programming. I-Net. digital PEG Access channel if re- located. channels. After 24 months: Interconnection with $1.35 million City of Vista system to $426,000 in 2003 exchange Educ. Ongoing: 35¢ City (determined each Access programming. per sub per mo. year by City Council) Included in funding for equipment/facilities. 750+ MHz fiber /coax Initial: 1 analog Free program listings Cable in print and electronic rebuild. After one ear: Company Healdsburg, CA Internet capability. Y Initial: $150,000 P Y program guides. 3 analog Free annual billstuffer. City to fund, Interconnection with Thereafter: After 12 months: AT &T 2002 others stems in Ci build, own $100,000 $2,000 /access (now Comcast) systems and operate up to 5 analog channel if re- located. Interconnection of its I -Net. After digital Ongoing: 65 3,500 subscribers City's I -Net with the transition, up to 20 per sub per mo. Will allocate portion of City of Santa Rosa's digital PEG Access City franchise fees ($$$ to I -Net within one year. channels. be determined). School Built new media center District for PEG Access use. Prepared by The Buske Group Page 2 Outcomes of Recent Cable Franchise Renewals Ci /State Cable Company Funding for Support for PEG Access Services Cable Company Year Rebuild Institutional PEG Access PEG Access Renewed Highlights Network Channels No. of Subscribers Equipment and Facilities Source Amount Initial: 3 analog $800,000 litigation After rebuild: settlement fee paid to 4 analog the City, which will Cable use these funds to Year 1: $400,000 Thereafter: Company support PEG Access Brunswick & up to 5 analog and the City's cable Brunswick Hills After digital Year 4: $100,000 administration. Township, OH 2001 860 MHz fiber /coax Yes transition, p to 20 rebuild. digital PEG Access PEG Access Adelphia channels. facility renovated and provided 100% of franchise 10,000 subscribers Channel locations rent -free for life of fees will be used to may not be franchise. City support PEG Access changed without and the City's cable City consent, administration. unless required by federal law. Included in funding for PEG Access Cable equipment/facilities. Company Free program listings in print and electronic Gilroy /Hollister / Within 24 months: Initial: 1 Initial: $700,000 program guides; San Juan Bautista, CA 750 MHz fiber /coax After rebuild: Ongoing: free annual billstuffer. 2000 rebuild. Yes minimum of 4 $209,782 or 3% Gilroy: 20% of Charter revenues of gross Interconnection with Thereafter, up to g franchise fees 15,000 subscribers adjacent systems. 7 analog per year, whichever is less. Hollister: $18,800/yr. Cities + 50% of additional franchise fee revenues (compared to FF revenues received in 2000). Prepared by The Buske Group Page 3 Outcomes of Recent Cable Franchise Renewals City /State Cable Company Cable Company Year Rebuild Institutional PEG Access PEG Funding for Support for PEG Access Services Renewed Highlights Network Channels No. of Subscribers Equipment and Facilities Source Amount Initial: 1 After 2 Years: 750 MHz fiber /coax 3 analog Initial: $500,000 Cable Included in funding for rebuild. Thereafter: Year 2: $400,000 Company PEG Access Ventura, CA up to 10 equipment/facilities. By Jan. 1, 2002: Year 3: $140,000 Internet service (maximum of 5 Adelphia, Avenue 1999 available. Yes analog) Ongoing: 27,000 subscribers Interconnection with Channel locations Adelohia $1.04 may not be per sub per mo. adjacent systems changed without Avenue $1.20 City Minimum of 20% of within the City. City onsent, y per sub per mo. franchise fees. unless required by federal law. 70¢ per sub per month Initial: digital upgrade Initial: 1 (City may increase (to add 36 video and this amount.). Monterey, CA 10 audio channels). After 1 Year: 2 Cable 30 free promotional TCI Within 2 Years: After 2 Years: 4 Initial: $800,000 Company spot insertions per (now Comcast) 1998 (a) fiber /coax rebuild, Yes Thereafter, up to: Ongoing: 35¢ per month; free video and (b) Internet service print program listings; available. (a) 6 analog, or sub per month. free annual billstuffer. 11,500 subscribers (b) 24 digital plus Interconnection with 12 MHz, or $2,000 /access adjacent systems. (c) 6 HDTV. channel if re- located. City 32% of franchise fees. Prepared by The Buske Group Page 4 Outcomes of Recent Cable Franchise Renewals City /State Cable Company Year Rebuild Institutional PEG Access Funding for Support for PEG Access Services Cable Company Renewed Highlights Network Channels PEG Access No. of Subscribers Equipment and Facilities Source Amount Montgomery Co., MD Year 1: $2,000,000 Prime Cable 1998 750 MHz fiber /coax Yes 13 analog Year 2: Cable $1,500,000 per year, (now Comcast) rebuild. Up to 10% of digital $1,200,000 Company adjusted for CPI. spectrum. Thereafter: 200,000 subscribers $200,000 per year, adjusted for CPI. Cable 96¢ per sub per month Cincinnati, OH Company (for Public Access). 750 MHz fiber /coax (Included in Time - Warner 1996 Yes 9 channels Annual allocation for rebuild. support for Public Access services) City Government Access . 60,000 subscribers made during City budget process. 550 MHz fiber /coax Santa Rosa, CA Cable rebuild. Initial: 2 Initial: Company $150,000 /year Cable One Within 30 months: After 2 Years: 4 $1,200,000 (now Comcast) 1995 Internet service Yes available. Thereafter: Replacement: $350,000 /year 50,000 subscribers Interconnection with up to 7. $1,300,000 City (37% of franchise adjacent systems. fees). Prepared by The Buske Group Page 5 Lorelei Donaldson From: GPAxVAIL @aol.com Sent: Friday, October 15, 2010 9:50 AM To: Council Dist List Subject: Comcast renewal comments Members of the Council: I would ask that you keep something in mind as you negotiate with Comcast: the World Championships are coming to Vail and how would it look if Vail had second rate /second tier TV and internet service? For the Championships, we should have technology that makes the Europeans envious and the rest of America shake their heads in amazement. Also seems to me that it is in Comcast's best interests as well as our own to insist that Vail get state of the art communications technology. Secondly, I should point out that TV salesmen in Denver are incredulous to find out that our Comcast service is so antiquated. It also bothers me that VOIP is not available here. I personally don't care about Pay - per -view but I am told that is not available either. Short of switching to a satellite service, we are a captive market here in Vail. Comcast should be reminded that while we are not a big market in terms of customers, we are a huge market in terms of the number of people who pass through here from year to year. Thanks for your time, Henry Pratt East Vail 1 Lorelei Donaldson From: Jennifer Berg <jennlberg @yahoo.co.uk> Sent: Friday, October 15, 2010 9:49 AM To: Council Dist List Subject: Comcast Dear Council, Comcast's sales pitch and resultant delivery were miles apart. I found Comcast's invoicing to be less than transparent. after consistently requiring a tranlation of the invoices, almost on a monthly basis I spent 40 -90 minutes on a phone being transferred from one inept Comcast representative to another. I left their service to preserve my own sanity. I felt that the lack of transparency was intentional. I am against Fail re -hiring Comcast. As Fiduciaries, you should conduct a competitive bid; with all bells and whistles verfied for comparative purposes. Sincerely, 1 HBerg 1 Lorelei Donaldson From: Ronnie Baker <rbaker @caboblueheaven.com> Sent: Friday, October 15, 2010 9:30 AM To: Council Dist List Subject: Comcast One of the things I believe we should look at is does Comcast provide any support for our community. Are they part of our community. Do they put anything back into the community? Ronnie Baker. Edwards Sent from my Wad 1 Lorelei Donaldson From: Jim Krezowski <krezco @frontiernet.net> Sent: Monday, October 18, 2010 10:12 AM To: Council Dist List Subject: Comcast Thank you for the opportunity to comment. We have Direct TV at Vail after using Comcast for many years. (Comcast was difficult to deal with for owners who spend half of our time in Minnesota.) We were then surprised to find that the Vail TV stations were only available on Comcast. We miss those stations but are now committed to "the other" link to TV. We don't have your answer for you but feel that we and our guests are not being served well. Thank you, Sincerely, Jim and Liz Krezowski /East Vail PS We on Main Gore Drive are also not able to pick up the Vail internet connection for ourselves, our full time renters and guests. 1 Lorelei Donaldson From: Pam Brandmeyer Sent: Monday, October 18, 2010 12:35 PM To: Lorelei Donaldson Subject: FW: comcast I sent this to Matt, Tammy, Ron and Town Council, assuming you, too, would receive it. Want to double "make sure" you do! Thanks. From: Paulisue @aol.com [mailto:Paulisue @aol.com] Sent: Monday, October 18, 2010 12:13 PM To: Pam Brandmeyer Subject: comcast DEAR PAM 1 JUST FOUND OUT THAT THE COUNCIL IS DISCUSSING THE COMCAST CONTRACT AND I'M ON MY WAY TO 2 MEETINGS AND THEN TO DENVER UNTIL FRIDAY PLEASE FORGIVE THE CAPS AND BREVITY -1 11 LL BE HAPPY TO WORK ON THIS WHEN I GET BACK. PLEASE TELL THE COUNCIL NOT,NOT TO SIGN ANYTHING!! AFTER TALKING WITH THE HEAD OF THE FCC -IN WASHINGTON D.C. -I WAS INFORMED THAT BECAUSE VAIL HAD NO FREE T.V. AND COULD NOT ACCESS TV RECEPTION OVER THE AIRWAYS WITHOUT PAYMENT WE WERE BEING DISCRIMINATED UPON BY THE CABLE COMPANY. WE ARE ENTITLED TO EQUAL ACESS - - - - - WE ARE ENTITLED TO RECEIVE THE SAME SERVICE EVERYBODY ELSE GETS! IN OTHER WORDS BECAUSE OTHER MOUNTAIN TOWNS LIKE ASPEN GET "ON DEMAND" WE MUST BE ABLE TO GET IT ALSO!! BY NOT GIVING US EQUAL ACESS COMCAST IS GUILTY OF CENSORSHIP AND DISCRIMINATION. COMCAST MUST GIVE EVERYBODY EQUAL SERVICE. I WILL BE HAPPY TO SHARE ADDITIONAL INFO I OBTAINED AS WELL AS I WOULD BE HAPPY TO WORK WITH MATT,THE TOWN AND THE COUNCIL TO RESOLVE THIS CONTRACT IN VAIL'S FAVOR AND FOR OUR TOWN TO RECEIVE MAXIMUM BENEFITS AS I DID ON THE LAST CONTRACT. SINCERELY, SUE MASON - 476 -7383 P.S.FOR THE WHOLE MONTH OF OCTOBER WE HAVE HAD DAILY MULTIPLE SERVICE INTERRUPTIONS. 1 Lorelei Donaldson From: Arthur A. Abplanalp, Jr. <Art.Abplanalp @earthlink.net> Sent: Tuesday, October 19, 2010 9:35 PM To: Council Dist List Cc: Matt Mire Subject: Comcast Members of the Council: I hesitate a bit to jump into the fray related to Comcast, but, after listening to both (a) the representations and promises made by Comcast and (b) the complaints regarding the failure of the company to fulfill such representations and promises, I find that I must offer a suggestion - If Comcast is to be given a contract, include a provision that the Town may, upon advance notice and hearing, terminate the contract upon any anniversary date upon the determination that Comcast has failed to fulfill its documented representations and /or promises, whether or not included in the contract itself. Having Comcast's performance up for review only every five years just doesn't seem to effectively hold the company to be accountable. On the other hand, without such a term, the company almost certainly would never make the investments necessary to bring the facilities and service within the Town up to the level of other comparable markets. Respectfully, Art Abplanalp 1 *ViAl VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 19, 2010 ITEM /TOPIC: Request for permission to proceed through the development review process for use of Town of Vail owned property, adjacent to the applicant's property at 232 West Meadow Drive/ Lot 7, Vail Village Filing 2, to allow an existing bridge and retaining wall, located on Tract B, Vail Lionshead Filing 2. PRESENTER(S): George Ruther ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with conditions or deny the applicant's request to proceed through the development review process for the use of Town of Vail owned property. BACKGROUND: On April 1, 2009, at the request of Town Council, 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. On May 19, 2009, Town Council authorized Staff to proceed with the issuance of a contract in the amount of $55,000 to PLC, Inc. for the surveying of public stream tracts along Gore Creek and the primary tributaries in the Town of Vail. On October 6, 2009, the Vail Town Council directed Staff to take a zero - tolerance policy with any encroachments into the streamtract. Further, the Vail Town Council instructed Staff to contact owners and work out a compliance strategy for each encroachment. As a result, the applicant, Mery Lapin, was sent a letter regarding his encroachment, which resulted in multiple meetings with Staff to discuss options for compliance. On August 17, 2010, at the Vail Town Council evening session, the applicant requested that his request to proceed through the process be placed on a future Vail Town Council agenda. STAFF RECOMMENDATION: Per the established Vail Town Council policy, Staff recommends that the Vail Town Council deny the applicant's request to proceed through the development review process, and directs Staff to work with the applicant to ensure the removal of the subject encroachments. ATTACHMENTS: Permission to Proceed Lapin 101910 Permission to Proceed Lapin Attach A 101910 Permission to Proceed Lapin Attach B 101910 Permission to Proceed Lapin Attach C 101910 Permission to Proceed Lapin Attach D 101910 10/19/2010 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: October 19, 2010 SUBJECT: A request for permission to proceed through the development review process for use of Town of Vail owned property to allow an existing bridge and retaining wall, located on Tract B, Vail Lionshead Filing 2. Applicant: Mery Lapin Planner: George Ruther I. SUMMARY The applicant, Mery Lapin, is requesting permission to proceed through the development review process to allow an existing bridge and retaining wall to remain on Town -owned property adjacent to his property. The bridge and retaining wall are on Tract B, Vail Lionshead Filing 2. The applicant was instructed to remove the existing encroachments on Town -owned property and has filed his request to allow the encroachments to remain intact. II. BACKGROUND On May 19, 2009, Town Council authorized Staff to proceed with the issuance of a contract in the amount of $55,000 to PLC, Inc. for the surveying of public stream tracts along Gore Creek and the primary tributaries in the Town of Vail. On October 20, 2009, the Vail Town Council directed Staff to take a zero - tolerance policy with any encroachments into the streamtract. Further, the Vail Town Council instructed Staff to contact owners and work out a compliance strategy for each encroachment. As a result, the applicant, Mery Lapin, was sent a letter on June 14, 2010 regarding his encroachment, which resulted in multiple meetings with Staff to discuss options for compliance. On August 17, 2010, at the Vail Town Council evening session, the applicant requested that his request to proceed through the process be placed on a future Vail Town Council agenda. III. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with conditions or deny the applicant's request to proceed through the development review process for the use of Town of Vail owned property. IV. STAFF RECOMMENDATION Per the established Vail Town Council policy, Staff recommends that the Vail Town Council deny the applicant's request to proceed through the development review process, and directs Staff to work with the applicant to ensure the remove of the subject encroachments. V. ATTACHMENTS A. October 20, 2009 Staff memorandum to Vail Town Council B. Results from October 20, 2009 Vail Town Council hearing (in part) C. Photos of encroachments D. Map of encroachments 10/19/2010 5 -1 -11 MEMORANDUM TO: Vail Town Council FROM: Public Works Department Community Development Department DATE: October 20, 2009 SUBJECT: A worksession to present the findings of the Gore Creek Stream Tract Survey project and a discussion on next steps for developing a compliance strategy for removal of private improvements from Town - owned lands I. PURPOSE The purpose of this worksession is to 1) present the findings of the Gore Creek Stream Tract survey project, and 2) discuss next steps for developing a compliance strategy. II. BACKGROUND Council has identified the "protect of the natural 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 assessment of properties adjacent to town -owned stream tracts along Gore Creek from Vail Village Filing 11, just east of the golf course spanning west to Cascade Village, have been made to investigate possible encroachments into town -owned stream tracts. 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; building decorative planters; using the areas for recreational seating; or, in more severe cases, building structures, such as a basketball court, on these town -owned properties. In some instances, Staff has been able to work with owners to mitigate encroachments at numerous properties, resulting in restoration of the stream tract closer to its natural state; however, these issues have been resolved in only a few instances. 1 10/19/2010 5 -2 -1 Previously, the Staff was 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 public 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. Staff realized that a professional land survey needed to be conducted on specific public stream tracts along Gore Creek and its primary tributaries resulting in the accurate and indisputable identification, regulation and legally defensible pursuit of compliance of encroachment issues. Such a survey for specific portions of public stream tracts was identified as very resourceful to the Town since Staff would have a clearer understanding of public stream tracts in relation to possible encroachments as they are recognized. On April 1, 2009, at the request of Town Council, 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. On May 19, 2009, Town Council authorized Staff to proceed with the issuance of a contract in the amount of $55,000 to PLC, Inc. for the surveying of public stream tracts along Gore Creek and the primary tributaries in the Town of Vail. III. STREAM TRACT SURVEY RESULTS Based upon preliminary visual analysis of the survey drawing of public stream tracts overlaid onto the most up -to -date aerial photography (flow in 2004), twenty -seven (27) properties have been identified as extremely likely to be encroaching, to varying degrees, into public stream tracts. Additionally, twenty - seven (27) more properties have been identified as likely to be encroaching but may require additional follow -up in order to determine their actual status. IV. NEXT STEPS IN DEVELOPING A COMPLIANCE STRATEGY Compliance with the Town of Vail adopted land use regulations is the goal of this effort. Enforcement is not the preferred alternative. With that in mind, staff proposes that the Vail Town Council adopts the following compliance strategies: 1. Maintain a "zero tolerance" policy for allowing illegal private encroachments on town -owned stream tract lands. For instance, there is no discernible difference between illegal landscape improvements and a basketball court. Neither is permitted by the Town. 2. Draft an abatement ordinance for the Town Council's consideration. An abatement ordinance grants the Town the ability, among other things, to recoup the cost of abatement and aids in facilitating the removal of illegal 2 10/19/2010 -2 -2 encroachments if a violator is uncooperative. Presently, these important compliance mechanisms do not exist in the Vail Town Code. 3. Develop a priority list for moving forward with the compliance process. Given the large number and varying magnitude of the encroachments, a substantial amount of staff time will be dedicated to this effort and prioritization of the task is necessary. 4. Provide for up to six months (180 days) to prepare and implement a plan for the complete removal of the illegal encroachments. V. ACTION REQUESTED OF THE TOWN COUNCIL Staff requests that the Town Council listens to the staff's presentation and asks any appropriate questions. Staff also requests that the Town Council answers the following question: Should Town staff actively pursue the next steps identified in developing a compliance strategy (section IV of this memorandum) for addressing illegal encroachments of private improvements into the town -owned stream tract? V. ATTACHMENTS A. List of properties potentially encroaching into public stream tracts 3 10/19/2010 5 -2 -3 ATTACHMENT A The purpose of this list is to provide an update to the Vail Town Council on several potential encroachments into public stream tracts. Over the past couple of years, Staff has been working with owners to mitigate some of the encroachments, resulting in restoration of the stream tract to its natural state at numerous properties. The following charts provide a summary of the potential encroachments with a general description, including the address, identified during preliminary visual analysis of the survey drawing of public stream tracts overlaid onto the most up -to -date aerial photography (flown in 2004), Likely encroachments into public stream tracts: Address Encroachment Description Existing Case # (if applicable) 44 West Meadow Drive Landscaping 06Enc -06 63 Willow Place Landscaping 83 Willow Place Landscaping 123 Willow Place Landscaping 181 West Meadow Drive Parking area 228 Bridge Street Landscaping 06Enc -11 232 West Meadow Drive Bridge 06Enc -02 292 & 321 West Meadow Drive Landscaping 300 East Lionshead Circle Landscaping 302 Gore Creek Drive Landscaping 380 & 390 East Lionshead Circle Fence and walkway 413 Gore Creek Drive Landscaping and patio 483 Gore Creek Drive Decks 1225 Westhaven Lane, Unit A Landscaping 1255 Westhaven Circle, Unit A Landscaping 1295 Westhaven Circle Basketball court 06Enc -34 1385 Westhaven Circle Landscaping 06Enc -38 1415 Westhaven Drive, A & B Landscaping & path 06Enc -35/26 1476 Westhaven Drive Landscaping 2810 Aspen Court Patio 2910 Booth Creek Drive Landscaping 2920 Booth Creek Drive Landscaping 06Enc -17 2930 Booth Creek Drive, A & B Landscaping 06Enc -28/29 2950 Booth Creek Drive Landscaping and patio 06Enc -27 2990 Booth Creek Drive Landscaping and patio 06Enc -15 3010 Booth Creek Drive Landscaping & wood patio /artwork 06Enc -26 3070 Booth Creek Drive Bench and wood patio 06Enc -16 3110 Booth Creek Drive, A & B Landscaping Possible encroachments into public stream tracts, requiring more investigation: Address Encroachment Description Existing Case # (if applicable) 20 Vail Road Landscaping 62 East Meadow Drive Walkway 82 West Meadow Drive, A & B Retaining walls 06Enc -01/04 122 West Meadow Drive, A & B Landscaping 4 10/19/2010 -2 -4 123 Beaver Dam Road Landscaping 124 Willow Bridge Road Landscaping & retaining wall 142 West Meadow Drive Landscaping 06Enc -03 193 Beaver Dam Road Landscaping & bench 250 South Frontage Road West Parking area 265 Forest Road Landscaping 06Enc -14 303 Gore Creek Drive Landscaping 06Enc -20 -25 352 East Meadow Drive Deck 385 Gore Creek Drive Parking 452 East Lionshead Circle Undetermined 625 Forest Road Undetermined 660 Lionshead Place Landscaping 680 Lionshead Place Swimming pool 825 Forest Road General disturbance 1241 Westhaven Circle Landscaping 1275 Westhaven Circle, A & B Path 06Enc -30/31 1325 Westhaven Circle, A & B Landscaping 1345 Westhaven Circle Grading 06Enc -37 2820 Aspen Court, A & B Landscaping 2830 Aspen Court Landscaping 2920 Manns Ranch Road Undetermined 3005 Booth Falls Road, A & B Landscaping 3025 Booth Falls Road, Unit B Undetermined 3030 Booth Creek Drive Landscaping 5 10/19/2010 5 -2 -5 MEDIA ADVISORY October 23, 2009 Contact: Corey Swisher, 479 -2106 Town Manager's Office VAIL TOWN COUNCIL HIGHLIGHTS FOR OCTOBER 20, 2009 - -Site Visit. A work session to present options for addressing the color and /or reflectivity of the newly installed metal roof atop the Dobson Ice Arena Community Development Director Does the Town Council wish to instruct the town staff to follow up on any of the options identified for addressing the color and /or reflectivity of the newly installed metal roof atop the Dobson Ice Arena? On September 15, 2009, Snowden Smith, General Manager of the Vail International Condominiums, appeared at the Vail Town Council meeting on behalf of the condominium owners to express their dissatisfaction with the results of the re- roofing project at the Dobson Ice Arena and the adjacent property owner notification process. At that time staff committed to returning to the Town Council with a list of potential options for resolving the aesthetics of the re- roofing project. Possible options may include 1) Replacing the metal roof material 2) Painting the metal roof material a different color 3) Planting additional landscaping to screen the view of the roof from adjacent properties 4) Keep the roof "as is" and approved by the Town of Vail, Design Review Board. Council determined the roof would have to remain as is it currently exists. The issue may be revisited in the spring. For more details contact George Ruther at 479 -2460. -- Lunch. The Council broke for lunch. -- Executive Session, pursuant to: 1) C.R.S. §24- 6- 402(4)(a)(b)(e) - to discuss the purchase, acquisition, lease, transfer, or sale of property interests; to receive legal advice on specific legal questions; and to determine positions, develop a strategy and instruct negotiators, Re:LionsHead ParkingStructure development option agreement; 2) C.R.S. §24- 6- 402(4)(b) - to receive legal advice on specific legal questions; Re: pending and threatening litigation; 3)C.R.S. § 24- 6- 402(4)(b) - to receive legal advice on specific legal questions; Re: marijuana dispensaries. No decisions were made. For more information, contact Matt Mire at 479 -2460. -- Planning & Environmental Commission (PEC) /Design Review Board (DRB) Update During a review of the most recent meetings of the PEC and DRB, Chief of Planning Warren Campbell answered questions regarding the latest proposals to go before the two boards. No items were discussed in detail. For more information, contact Warren Campbell at 479 -2148. - -The purpose of this work session item was to request Vail Town Council (Council) to direct staff on the next steps for pursuing an appropriate compliance strategy related to private encroachments into public stream tracts now that a professional survey along Gore Creek and the primary tributaries in the Town of Vail had been completed Daly stressed the encroachments were actually on town property. "I believe we should uphold the town's regulations on what occurs on town land." Council agreed on a zero tolerance approach to improvements made on town land. Ruther said he would return 10/19/2010 5 -3 -1 with legislation which would facilitate the mitigation process. For more information, contact George Ruther at 479 -2145. -- Development Permit and Impact Fees Community Development Director George Ruther, Town Engineer Tom Kassmel and Fire Chief Mark Miller explained the town has recently completed two nexus studies related to transportation and fire infrastructure to determine the allowable impact fee that can be attributed to future development growth within the Town. The purpose of the impact fees is to have development growth 'pay its way' for the proportionate share of the anticipated needs for Transportation and Fire infrastructure. Each nexus study was presented to the Council this past July and September. In September, Council requested to see the `Big Picture' with regard to town fees, so Council could understand what the cost of development is based on current town fees and what it would be with enacted impact fees. The three directors asked Council to direct staff to move forward through the process and to draft an ordinance for review and approval by Town Council in order to implement the impact fees. Daly expressed concern, "The small homeowner is really the one feeling these impact feesl'm afraid we are putting the burden of the transit tax on the homeowner." Daly asked for further comparisons of fees charged by other resort communities. Newbury said it was important the town codify the town's traffic impact fee as opposed to negotiating when projects move through the approval process. Daly spoke adamantly against raising any fees. For details, contact George Ruther at 479- 2460. - -A work session to present the findings of fee waiver programs for other communities and to determine and if the Town Council wishes to proceed with this type of economic incentive program Ruther reported that "fee holidays" did nothing to stimulate development in communities that have used such programs. "As an economic stimulus tool it was not helpful at allln Vail since August a fee holiday we would have only saved residents around $7,000This will not work for economic stimulus." Council agreed not to pursue a fee holiday. For more information, contact George Ruther at 479 -2145. -- Discussion of the First reading of Ordinance No. 22, Series of 2009, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to allow medical marijuana dispensaries as a conditional use in the Commercial Core III, Arterial Business, General Use, and Commercial Service Center Districts Please see Evening Session Briefs. - -Eagle County School District Update RE50J. Sandra Smyser, Eagle County School District RE50J superintendent, introduced to Council a district board member, Konnie Kincaide; district Finance Director Phil Onofrio; and Harry McQueeney, Vice Principal of Red Sandstone Elementary School (RSES). The purpose of their presentation was to let the Town Council know of future plans for the now vacated Battle Mountain High School (BMHS). Currently being studied by the School District is a consolidation of Meadow Mountain Elementary School and Minturn Middle School, to provide a single campus for K -8 grades. Dwindling enrollments at both schools have provided this opportunity, and this change could also result in savings of close to $500K annually. While this concept is still be rolled out through the county, the School District continues to study county -wide projections for enrollment, configurations of schools, estimates for facilities costs and programming. The District is 10/19/2010 -3 -2 Attachment C: Photos of .. b 97 Figure 1: Existing _ -" t �E•i • bri dge • on • Figure 2: Existing retaining wall h � ° 9 1 .� 4 1 ti4� • '��. • � - . 4 1 \ I • w� "4 ;;1.. P 7 ".4 7 ��p err: s � . r 7�� - � i � e rr � i e • H ♦., + . •YID � ^ `IL'` ������ f�.e '7 �, r�F�♦ l ocated on e 1 0/19/2010 r ' Q n 3 lot L 44 .4 VIP w� ~ n ' l � .y k � � w =e W ( V � VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 19, 2010 ITEM /TOPIC: Request for permission to proceed through the development review process to remove trees on Town -owned property adjacent to the Gore Creek Plaza Building. PRESENTER(S): George Ruther ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with conditions or deny the applicant's request to proceed through the development review process. BACKGROUND: On April 28, 2000, Blu's Beanery was granted permission to utilize 139.3 square feet of town -owned property adjacent to the Gore Creek Plaza Building for outdoor seating. A five -year contract was granted and was subsequently extended until December 31, 2010. The applicant is requesting permission to proceed through the development review process to remove three cottonwood trees because they are infested with aphids, causing excess residue to form and fall on the outdoor seating area. STAFF RECOMMENDATION: Staff recommends that the applicant be granted permission to proceed through the development review process. ATTACHMENTS: Gore Creek Plaza memo Gore Creek Plaza 101910 Attach A Applicants request Gore Creek Plaza Attach B Vicinity Map 10/19/2010 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: October 19, 2010 SUBJECT: A request for permission to proceed through the development review process for use of Town of Vail owned property to remove trees, located on part of Lot A, Block 5B, Vail Village First Filing. Applicant: Rod Slifer, represented by Mark Hallenbeck, Highland Builders Planner: George Ruther I. SUMMARY The applicant, Rod Slifer, represented by Mark Hallenbeck of Highland Builders, is requesting permission to proceed through the development review process to remove trees on Town - owned property adjacent to the Gore Creek Plaza Building. Gore Creek Plaza is located at 193 E. Gore Creek Drive, and the adjacent town -owned property is located on Lot A, Block 5B, Vail Village First Filing. II. BACKGROUND On April 28, 2000, Blu's Beanery was granted permission to utilize 139.3 square feet of town - owned property adjacent to the Gore Creek Plaza Building for outdoor seating. A five -year contract was granted and was subsequently extended until December 31, 2010. When the streetscape project was implemented on the subject property, three cottonwood trees were left to remain within Blu's outdoor seating area and the snowmelt system was built around them. According to Town Landscape Architect Todd Oppenheimer, "the trees have overgrown the concrete planting pits and are heavily infested with aphids causing excessive honeydew residue on the pedestrian walkway and dining deck." III. STAFF RECOMMENDATION Staff recommends that the applicant be permitted to proceed through the development review process. IV. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with conditions or deny the applicant's request to proceed through the development review process. V. ATTACHMENTS A. Letter and supporting materials from the applicant B. Vicinity Map 1 10/19/2010 6 -1 -1 /. ` October 7,%01O Town ofVail Town Council 755. Frontage Rd. Vail, Colorado O1557 RE: Gore Creek Plaza /B|u'x Restaurant tree removal. To whom it may concerm Please accept this letter as our formal request to remove the trees in front of8|u's restaurant and to officially extend the patio as itio being used todate. (See attached drawings and photos) Also, attached is a letter from Land and Arbor Concepts, Inc. describing the current condition and disease that these trees currently have and that these trees are a danger to the community because of falling tree branches. Thank you for your consideration to our request. Sincerely, Rod Slifer On behalf of the Gore Creek Plaza Association � - ' ` lNl9/20l0 . 62l | � / cot 08 2010 2:38PM B US RESTRURANT 9704783115 P• -• --�- -- — PAGE 82/ 19�86J2010 17.38 97'03280710 PJFM� & Arbor LAM ARBOR r • . I i Concepts, Inc. Tammy Amer, JW$4fMt P.Q. RI= 4846 0kgt6. Co 81631 . 97q- 328.2.27ti Fax : g7p,328 -Q7xo October 7, 2010 RE: Disea9Rd Co bnwood Trees at BIu'9 Re,ataurant, Vail, CO- To Whom it May Concern: upon my lakupt in.9pection of 0�P large Cottonwood$ facated iri the front of Blu's Restaurant in V Village, Vail, Co., I have concluded that th0v tries are not Only infated w i th Aphids, but also dtp pe ar 'c" ie Huck 2"urtgzts, also known as Dutch Elm Taisease. It is my pmfissional opinion that because of the poor condition of these trees rsM4 their large Size, they have become a hazard to the building and potentially the safety and of the public, It was reported to me that a Iarge branch broke o, ff east �sontk fait on the roof, which plats Customers of the restaurant at risk Of fupj ry- it is my as5'essment that these trees be removed and F have rw recommendation for replacer4e, nt. Pletue feel free iv call me with any questions, IWO �091 Misner, ,A,rborist and & ,arbor Concepts, Into, 970485 -3275 10/19/2010 6 -2 -2 r 6 it 1 Y �y • I I J Y 40 t CA Ira w 6-2-3 �V r- A te •• 9 . 1'1 w' 1 1 �- � • ` _ � cif . IL F r _ $ D ,00'901 M„50,b0oi0(ri � D a __ A mm ..�.^V x 4 . RQ °� C N gm mew a o a c= w}z G' m mo. n m m w mMM r _ me m �ryi $$gym m w ymo xr z o r ZIZ 4 iT ' Ow - m' T pN < A fi£ �F 1 gr ACL Syl !� as ro zm w m £r yG nn 2 � £-6 Gore Creek Plaza (993 Gore Creek Drive) s Subject Parts of Lot A, Block 5B, Vail Village First Filing Property r Creeksido s.: Sitzmark Lodge, i C ri Gore Bell x' Creek _ - -Tower 4I -Plaza j t +b ra irk- „w . i } aF. Bndge CazierArcade Street `y 1 Lodge at Vail }! Condos Feet 10 192010 Tdsme — , —db,th — o— IGISTaem Td---Id----- (�a� o ae fha ,k�sa�PP,o�m�ai 0 25 50 100 Last Mkifed. October 11, 2010 'ftlWNR YAD.V T VAIL VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 19, 2010 ITEM /TOPIC: A discussion on the recent realignment of roadway striping on the South Frontage Road through the Intermountain neighborhood. PRESENTER(S): Gregg Barrie ACTION REQUESTED OF COUNCIL: NA BACKGROUND: In May of 2010, the Department of Public Works, in conjunction with CDOT, realigned the roadway striping on the South Frontage Road in Intermountain. The realignment project had been discussed in recent years in response to the following: 1) Numerous comments and concerns about unsafe conditions from the biking community. 2) Accepted roadway standards recommend against two -way, one -sided bike and pedestrian facilities. 3) Efforts to accommodate numerous user groups in a confined corridor. 4) Similar alignment in place on Bighorn Road in East Vail for close to two decades. Shortly after the work was completed, neighbors raised concerns that the new alignment was less safe than the original because the south shoulder was narrowed. Additional signs and a painted crosswalk were added to encourage west -bound bikers to ride with traffic per traffic laws, thereby reducing congestion on the south shoulder. The new alignment meets or exceeds accepted roadway design standards. STAFF RECOMMENDATION: Because the new alignment meets or exceeds accepted roadway design standards, staff recommends no immediate changes to the new alignment. When the roadway is scheduled to be resurfaced, staff recommends minor adjustments to provide additional room on the south shoulder by reducing the north shoulder to the minimum standard. ATTACHMENTS: Memorandum 10/19/2010 MEMORANDUM TO: Town Council FROM: Department of Public Works DATE: October 19, 2010 SUBJECT: South Frontage Road Lane Striping in Intermountain I. Background In May of 2010, the Department of Public Works, in conjunction with CDOT, realigned the roadway striping on the South Frontage Road in Intermountain. The realignment project had been discussed in recent years in response to the following: 1) Numerous comments and concerns about unsafe conditions from the biking community 2) Accepted roadway standards recommend against two -way, one -sided bike and pedestrian facilities 3) Efforts to accommodate numerous user groups in a confined corridor 4) Similar alignment in place on Bighorn Road in East Vail for close to two decades Shortly after the work was completed, neighbors raised concerns that the new alignment was less safe than the original because the south shoulder was narrowed. Additional signs and a painted crosswalk were added to encourage west -bound bikers to ride with traffic per traffic laws, thereby reducing congestion on the south shoulder. II. Roadway Standards Roadway standards and policies in the United States are established by the Federal Highway Administration (FHWA) and the American Association of State Highway and Transportation Officials ( AASHTO). CDOT follows AASHTO standard design guidelines for bicycle and pedestrian facilities. Recommended shoulder widths for this type of roadway are as follows: Recommended New Configuration With curb and gutter 4' min ( AASHTO, FHWA) 4 -5' No curb and gutter 5' min ( AASHTO, FHWA) 6 -8' The new striping alignment meets or exceeds recommended shoulder widths for bicycles and pedestrians. The FHWA recommends that "Wider bike lanes are recommended on streets with higher motor vehicle speeds and traffic volumes, or where pedestrian traffic in the bike lane is anticipated." From the AASHTO Guide for the Development of Bicycle Facilities: 1) "Bicycle lanes should always be one -way facilities and carry traffic in the same direction as motor vehicle traffic. Two -way bicycle lanes on one side of the roadway are unacceptable because they promote riding against the flow of motor vehicle traffic. Wrong -way riding is a major cause of bicycle accidents and violates the Rules of the Road stated in the Uniform Vehicle Code" 10/19/2010 7 -I -1 2) "Two Way Bike Lanes — This creates a dangerous condition for bicyclists. It encourages illegal riding against traffic, causing several problems: • At intersections and driveways, wrong -way riders approach from a direction where they are not visible to motorists • Bicyclists closest to the motor vehicle lane have opposing motor vehicle traffic on one side and opposing bicycle traffic on the other III. Conclusion In addition to motor vehicles, the South Frontage Road in Intermountain hosts many user groups including pedestrians, joggers and bikers of different experience levels. They include neighborhood residents, Vail locals and out -of -town guests. And, the corridor is a part of the Gore Valley Trail, which serves as a recreational and commuter route connecting Vail to down valley communities and beyond. The intent of the realignment was to safely accommodate these groups at a reasonable expense. And, while a future solution may include additional space for each of the users groups, the current alignment meets or exceeds accepted roadway design requirements. IV. Staff Recommendation Because the new alignment meets or exceeds accepted roadway design standards, staff recommends no immediate changes to the new alignment. When the roadway is scheduled to be resurfaced, staff recommends minor adjustments to provide additional room on the south shoulder by reducing the north shoulder to the minimum standard. 10/19/2010 7 -1 -2 T VAIL VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 19, 2010 ITEM /TOPIC: First Reading of Ordinance No. 16, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to establish regulations for ski yard signs, and setting forth details in regard thereto. (PEC100041) PRESENTER(S): Warren Campbell, Planner and Jeff Baab, VRI ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council approve, approve with modifications, or deny Ordinance No. 16, Series of 2010, upon first reading. BACKGROUND: Title 11, Sign Regulations, Vail Town Code, does not address ski yard signs. Until recently, the base areas of Vail Mountain were not located within the Town of Vail. Signs associated with lift ticket booths are also not addressed within Title 11, Sign Regulations. To date, the Town has worked with Vail Resorts to develop ski yard sign regulations that meet the intent of the Sign Regulations. The PEC held a work session on ski yard signage at the September 13, 2010 hearing and provided Staff with comments that are detailed in Section I I I of the September 27, 2010 Staff memorandum. On September 27, 2010, the PEC recommended approval of the proposed prescribed regulations amendments to the Vail Town Council (6 -0 -1, Cartin recused). ATTACHMENTS: Ordinance No. 16, First Reading Memoradum to Town Council Ordinance No. 16, Series of 2010 Attachment A Ordinance 16 2010 101910 AttachB PEC Memo 10/19/2010 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: October 19, 2010 SUBJECT: Ordinance No. 16, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, establishing regulations for ski yard signs, and setting forth details in regard thereto. (PEC100041) Applicant: Town of Vail Planner: Warren Campbell I. DESCRIPTION OF THE REQUEST The applicant, the Town of Vail, is requesting a first reading of Ordinance No. 16, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, to establish regulations for ski yard signs. Town Staff is requesting these amendments in order to provide clear applicability, enforceability, and predictability to a category of signage which is not currently addressed within, Title 11, Sign Regulations, Vail Town Code. The proposed regulations will clarify the types of signs permitted in the ski yard, including electronic signs and portable signs that are not permitted for other businesses except for government signage. Furthermore, the amendments address the dynamic nature of ski industry signage required for each season (winter and summer). As proposed, Vail Resorts will be required to submit a seasonal sign program to be reviewed by staff and the Design Review Board. Staff requests that the Vail Town Council approve, approve with modifications, or deny Ordinance No. 16, Series of 2010, upon first reading. The proposed Ordinance No. 16, Series of 2010, (Attachment A) and the September 27, 2010, Planning and Environmental Commission Staff memorandum to the Planning and Environmental Commission (Attachment B) have been attached for review. The applicant is requesting a first reading of Ordinance No. 16, Series of 2010. The proposed regulations in Ordinance No. 16 establish standards for ski yard signs as follows (additions are in bold, deletions are in s t F ik e th Fe g h ) : 11 -2 -1: Definitions, Enumerated: Sign, Electronic: Any sign with electronic components such as video screens, electronic changeable copy, and similar features. Sign, Portable: Any sign not permanently attached to the ground or other permanent structure, including, but not limited to, A -frame and sandwich board signs. Sign, Ski Yard: Any sign within a ski yard area, as determined by the Administrator, that serve to inform skiers of grooming conditions, meeting 1 10/19/2010 8 -1 -1 areas, open trails, special events, lift tickets and other mountain information and activities. 11 -7 -15: Ski Yard Signs A. Description: Ski Yard Sign regulations apply to all signage within the designated ski yard areas, as determined by the Administrator during review of seasonal ski yard sign programs. 1. Number: Subject to design review. 2. Area: Subject to design review. 3. Height: Projecting and awning signs shall have a minimum clearance of eight feet (8) above pedestrianways and a minimum clearance of fifteen feet (15) above vehicularways. No part of any ski yard sign shall extend more than twenty five feet (25) above grade. 4. Location: Subject to design review. Signs may be permitted in the town's right of way, subject to Subsection _i a.l "Placement On Public Property ", of this title. 5. Type: Awning, freestanding, portable, projecting or wall mounted. A- frame and sandwich board style signs are prohibited. 6. Lighting: Subject to design review. 7. Landscaping: Subject to design review. 8. Special Provisions: a. Changeable copy may be allowed to identify on mountain conditions. Electronic signs may be permitted, and are subject to design review. b. Design Review: Ski yard signs shall be provided in a seasonal sign program package, to be submitted, reviewed and approved by the Design Review Board on a seasonal basis. c. Content: Ski yard signs may advertise on- mountain activities located outside the Town of Vail, but shall not include advertisement for any eating and drinking establishments located outside the Town of Vail. 11 -9 -2: PROHIBITED SIGNS: The following signs are prohibited within the town of Vail: O. Portable signs, except government signs and ski yard signs. II. BACKGROUND In the ski season of 2009/2010 staff and Jeff Babb, Vail Resorts Operations, performed a walk through of each of Vail Mountain's ski yards. The result was the identification of 2 10/19/2010 8 -1 -2 numerous types and locations for the signage which did not conform with the regulations of Title 11, Sign Regulations, Vail Town Code. It was determined that Title 11, Sign Regulations, Vail Town Code, did not address ski yard signs because until recently, the base areas of Vail Mountain were not located within the Town of Vail. Several examples of signs which did not meet the Town's current regulations were portable signs, flags, digital lift availability signs, ticket office signs, and the quantity of signs. It was agreed by all parties that it would be beneficial to establish some regulations around ski yard signs to aid both the Town and the mountain operators to establish parameters around the signs necessary to inform skiers of grooming conditions, meeting areas, open trails, special events, summer activities, and other mountain information. To date, the Community Development Department has worked with Vail Resorts to develop signs packages that meet the intent of the Sign Regulations, but technically, there were no regulations for this type of signage. The Town has requested that Vail Resorts only advertise businesses located within the Town of Vail (i.e. Eagle's Nest restaurants) but has allowed signage for lift ticket offices, Vail Mountain maps, and skier services. In preparing the proposed regulation amendments staff performed research of other communities and found that others communities in the ski industry address this type of signage through flexible regulations with minimal restrictions or provide for no regulation due the ski yard being located outside their community boundaries. The PEC held a work session on ski yard signage at the September 13, 2010 hearing and provided Staff with comments that are detailed in Section III of the September 27, 2010 Staff memorandum (Attachment B). On September 27, 2010, the PEC recommended approval of the proposed prescribed regulations amendments to the Vail Town Council by a vote of 6 -0 -1, Cartin recused (Attachment B). III. RECOMMENDATION Should the Town Council choose to approve Ordinance No. 16, Series of 2010, the Community Development Department recommends the Town Council pass the following motion: "The Town Council approves, on first reading, Ordinance No. 16, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to establish regulations for ski yard signs, and setting forth details in regard thereto. " Should the Town Council choose to approve Ordinance No. 16, Series of 2010, on second reading, the Community Development Department recommends the Town Council makes the following findings: "Based upon the review of the criteria outlined in Section V of Staff's September 27, 2010, memorandum to the Planning and Environmental Commission and the evidence and testimony presented, the Town Council finds: 3 10/19/2010 8 -1 -3 1. That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendments further the general and specific purposes of the sign regulations; and 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " IV. ATTACHMENTS Attachment A: Ordinance No. 16, Series of 2010 Attachment B: September 27, 2010, Staff memorandum to the PEC 4 10/19/2010 8 -1 -4 ORDINANCE NO. 16 Series of 2010 AN ORDINANCE AMENDING TITLE 11, SIGN REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 11 -3 -3, PRESCRIBED REGULATIONS AMENDMENT, VAIL TOWN CODE, TO ESTABLISH REGULATIONS FOR SKI YARD BASE AREA SIGNS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Title 11, Sign Regulations, Vail Town Code, does not address ski yard signs within the Town of Vail, which are necessary for the operation of Vail Mountain; and WHEREAS, Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, sets forth the procedures for amending the Town's Sign Regulations; and WHEREAS, the Town of Vail Planning and Environmental Commission held a public hearing on September 27, 2010, on the application to amend the Town's Sign Regulations, in accordance with the provisions of the Vail Town Code; and WHEREAS, the Town of Vail Planning and Environmental Commission has forwarded a recommendation of approval, with modifications, to the Vail Town Council by a vote of 6 -0 -1 (Cartin recused) of the request to amend the Town's Sign Regulations; and WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's Sign Regulations is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and, WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's Sign Regulations furthers the general and specific purposes of the sign regulations; and, WHEREAS, the Vail Town Council finds and determines that the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: SECTION 1 . Purpose: The purpose of this Ordinance is to create regulations for signage within the ski yard on Vail Mountain. SECTION 2 . Section 11 -2 -1: Definitions Enumerated, Vail Town Code, is hereby amended in part as follows (text to be deleted is in str text that is to be added is bold, and sections of text that are not amended have been omitted) Sign, Electronic: Any sign with electronic components such as video screens, electronic changeable copy, and similar features. Sign, Portable: Any sign not permanently attached to the ground or other permanent structure, including, but not limited to, A -frame and sandwich board signs. Ordinance No. 16, Series of 2010, first reading 10/19/2010 8 -2 -1 Sign, Ski Yard: Any sign within a ski yard area, as determined by the Administrator, that serve to inform skiers of grooming conditions, meeting areas, open trails, special events, lift tickets and other mountain information and activities. SECTION 3 . Section 11 -7 -15: Ski Yard Signs, Vail Town Code, is hereby established as follows (text that is to be added is bold): 11 -7 -15: Ski Yard Signs A. Description: Ski Yard Sign regulations apply to all signage within the designated ski yard areas, as determined by the Administrator during review of seasonal ski yard sign programs. 1. Number: Subject to design review. 2. Area: Subject to design review. 3. Height: Projecting and awning signs shall have a minimum clearance of eight feet (8) above pedestrianways and a minimum clearance of fifteen feet (15) above vehicularways. No part of any ski yard sign shall extend more than twenty five feet (25) above grade. 4. Location: Subject to design review. Signs may be permitted in the town's right of way, subject to Subsection 1 "Placement On Public Property ", of this title. f 5. Type: Awning, freestanding, portable, projecting or wall mounted. A- frame and sandwich board style signs are prohibited. 6. Lighting: Subject to design review. 7. Landscaping: Subject to design review. 8. Special Provisions: a. Changeable copy may be allowed to identify on mountain conditions. Electronic signs may be permitted, and are subject to design review. b. Design Review: Ski yard signs shall be provided in a seasonal sign program package, to be submitted, reviewed and approved by the Design Review Board on a seasonal basis. c. Content: Ski yard signs may advertise on- mountain activities located outside the Town of Vail, but shall not include advertisement for any eating and drinking establishments located outside the Town of Vail. Ordinance No. 16, Series of 2010, first reading 10/19/20; 8 -2 -2 SECTION 4 . Section 11 -9 -2: Prohibited Signs, Vail Town Code, is hereby established as follows (text that is to be added is bold, and sections of text that are not amended have been omitted): 11 -9 -2: PROHIBITED SIGNS: The following signs are prohibited within the town of Vail: O. Portable signs, except government signs and ski yard signs. SECTION 5 . 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 6. 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 7. 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 as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. SECTION 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19 day of October, 2010 and a public hearing for second reading of this Ordinance set for the 2n day of November, 2010, 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. 16, Series of 2010, first reading 10/ 19/20 ?0 8 -2 -3 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 27, 2010 SUBJECT: A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to establish regulations for ski yard base area signage, and setting forth details in regard thereto. (PEC100041) Applicant: Town of Vail Planner: Rachel Friede I. SUMMARY The applicant, the Town of Vail, is requesting a recommendation to the Vail Town Council for prescribed regulations amendments to Title 11, Sign Regulations, Vail Town Code, to establish regulations for ski yard base area signage. Based upon Staff's review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Commission forwards a recommendation of approval, subject to the findings noted in Section VI of this memorandum. Photographs of existing ski yard signage have been attached for reference (Attachment A). II. DESCRIPTION OF THE REQUEST The following are proposed text amendments to Title 11, Sign Regulations, Vail Town Code, that establish regulations for review of a seasonal sign program for ski yard signage: 11 -2 -1: DEFINITIONS ENUMERATED: Sign, Electronic: Any sign with electronic components such as video screens, electronic changeable copy, etc. Sign, Portable: Any sign not permanently attached to the ground or other permanent structure, including, but not limited to, A -frame and sandwich board signs. Sign, Ski Yard: Any sign within a ski yard area, as determined by the Administrator, that serve to inform skiers of grooming conditions, meeting areas, open trails, special events and other mountain information and activities. 1 10/19/2010 8 -3 -1 11 -7 -15: Ski Yard Signage A. Description: Ski Yard Signage regulations apply to all signage within the designated ski yard areas, as determined by the Design Review Board during review of seasonal ski yard sign programs. 1. Number: Subject to design review. 2. Area: Subject to design review. 3. Height: Projecting and awning signs shall have a minimum clearance of eight feet (8) above pedestrianways and a minimum clearance of fifteen feet (15) above vehicularways. No part of any ski yard signage shall extend more than twenty five feet (25) above grade. 4. Location: Subject to design review. Signs may be permitted in the town's right of way, subject to Subsection 11 -5 -31, "Placement On Public Property'; of this title. 5. Type: Awning, freestanding, portable, projecting or wall mounted. A -frame and sandwich board style portable signs are prohibited. 6. Lighting: Subject to design review. 7. Landscaping: Subject to design review. 8. Special Provisions: a. Changeable copy may be allowed to identify on mountain conditions. b. Electronic signs may be permitted, and are subject to design review. c. Design Review: Ski yard signage shall be provided in a seasonal sign program package, to be submitted, reviewed and approved by the Design Review Board on a seasonal basis. d. Content: Ski yard signage may advertise on- mountain activities located outside the Town of Vail, but shall not include advertisement for any restaurants not located within the Town of Vail. 11 -9 -2: PROHIBITED SIGNS: The following signs are prohibited within the town of Vail: O. Portable signs, except government signs and ski yard signs. III. BACKGROUND Ski yard signage generally refers to signage within and adjacent to the on -snow base area for Vail Mountain. These signs are typically freestanding, portable or attached to lift and gondola buildings. The signs serve to inform skiers of grooming conditions, meeting areas, open trails, special events and other mountain information. 2 10/19/2010 8 -3 -2 Currently, Title 11, Sign Regulations, Vail Town Code, does not address ski yard/ base area signage because until recently, the base areas of Vail Mountain were not located within the Town of Vail. In order to develop Golden Peak and Mountain Plaza, additional ski yard was annexed into the Town of Vail. Signage associated with ticket booths is also not addressed within Title 11, Sign Regulations. To date, the Town has worked with Vail Resorts to come up with signage that meets the intent of the Sign Regulations, but technically, there were no regulations for this type of signage. The Town has requested that Vail Resorts not advertise businesses not located within the Town of Vail (i.e. Eagle's Nest restaurants) but has allowed signage for ticket offices, maps, and skier services such as lesson meeting areas. While Staff has been working with Vail Resorts to allow signage in the ski yard, a codified regulation on this type of signage will provide clear legitimacy to this signage and provide additional direction for design review. The PEC held a work session on ski yard signage at the September 13, 2010 hearing. Jeff Babb, Resort Operations Direct, Vail Resorts Inc., presented a summary of ski operations signage needs. He expressed their desire to install permanent appearing, but mobile, signs that are consistent with the architectural style and color themes of the individual ski mountain base areas. He noted their desire to allow signage for on mountain businesses and activities in the ski yards. Jeff Babb indicated that Vail Resorts is researching video signage. He indicated that these new technology signs are being used inside the gondola building, but they do not have a current plan to install these signs outdoors. Commissioner Pratt recommended the proposed text amendments allow flexibility for such new technologies. Commissioner Pierce recommended that a sign program be required for each ski base instead of drafting extensive sign regulations. He believes the ski yard bases are of a different nature than other businesses. He recommended guidelines requiring consistency with the theme of the base area, exempt sign regulated by state law or other requirements, and to allow signage for on- mountain activities. Commissioner Rediker stated some locations would be appropriate for year -round permanent signs, and other location may only be appropriate for seasonal signs. Commissioner Kurz recommended reviewing signs on a seasonal basis. He noted that the signs have historically been done in good taste. He recommended not allowing a- frame signs due to pedestrian conflicts and poor quality materials. He noted that "less is more" in signs communicating information. He agreed with providing information about on- mountain activities but it could affect Town tax revenue. He acknowledged the challenge in balancing signage matching building architecture and signage matching the corporate branding of Vail. Commissioner Pratt agreed with Commissioner Pierce that a sign program should be reviewed each summer and winter. He recommended flexibility in the standards, but did not support a -frame signs. He recommended mountain activities should be advertised, 3 10/19/2010 8 -3 -3 but competing businesses (such as on- mountain restaurants) should not be given advantage over base area businesses. He recommended installing fixed electronic signs. Commissioner Scheidmann agreed with the other commissioners. He noted the need to allow flexibility. For example, ski school signage needs will fluctuate daily or weekly. Commissioner Rediker noted that electronic signs may be appropriate in winter, but may not be appropriate in the summer. IV. APPLICABLE DOCUMENTS Staff believes the following documents are relevant to the review of this proposal: TITLE 11: SIGN REGULATIONS (in part) 11 -1 -2: PURPOSE: A. General Purpose: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town of Vail and to promote the coordinated and harmonious design and placement of signs in the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. B. Specific Purpose: These regulations are intended to achieve the following specific purposes: 1. To describe and enable the fair and consistent enforcement of signs in the town of Vail. 2. To encourage the establishment of well designed, creative signs that enhance the unique character of Vail's village atmosphere. 3. To preserve a successful and high quality business environment that is aided by signs that identify, direct, and inform. 4. To aid in providing for the growth of an orderly, safe, beautiful, and viable community. 11 -5 -2: DESIGN GUIDELINES: Any sign erected within the town of Vail should: A. Be consistent with the scale and architecture already present in the town: Sign location, configuration, design, and size should be aesthetically harmonious with the mountain setting and the alpine village atmosphere of the town. B. Be compatible with the placement of surrounding signs: Similar signs should not be placed within close proximity of each other, but should instead incorporate variety and visual interest within the "view corridor" that they are placed. The staff shall review all proposed signs in the context of adjacent signage to verify that the sign is appropriately placed. 4 10/19/2010 8 -3 -4 C. Be composed of predominately natural materials which may include, but are not limited to, painted, stained, solid, or carved wood; brick; stone; wrought iron or metals such as copper or brass that have been treated to prevent reflective glare; nonreflective glass and stained glass; other naturally textured building materials. Plastic and other synthetic materials that are not naturally textured, such as sign foam, vinyl or Plexiglas®, are discouraged. D. Use natural colors: 1. Earth tones: Full spectrum of soil, clay, and metallic colors; 2. Neutrals: Off whites to deep brown and black; 3. Bright colors should be used only as accents. E. Use creative graphics and lettering: The creative use of depth, relief, shading, three - dimensional projections and other pleasing textural qualities is generally encouraged. The guidelines that apply to general sign colors likewise apply to graphics and lettering. Three - dimensional projections shall not be calculated as part of total sign area, but the size, placement, and style of the projections shall be subject to design review. F. Be surrounded by landscaping: Landscaping, when appropriate, should be designed in harmony with surrounding natural landforms and native plants (Xeriscaping). G. Use inconspicuous lighting: Lighting should be integrated into the overall design of the sign, both in color and placement, and should be of no greater illumination than is necessary to make the sign visible at night. Recessed and indirect light sources are encouraged. 11 -5 -3: DESIGN STANDARDS: Any sign erected within the town of Vail shall conform to the following standards: A. Compatibility: Signs shall be visually compatible with the size of surrounding structures and other signage and shall not visually dominate the structure or business to which they belong. The staff shall review all proposed signs in the context of adjacent signage to verify that the sign is appropriately sized. B. Colors: Fluorescent, Day -Glo® and neon colors are prohibited. C. Reflective Surfaces: Sign surfaces that reflect light are prohibited and shall instead be comprised of matte or flat finishes. D. Lighting Fixtures: Lighting shall be white in color. Lights shall not shine or reflect onto adjacent properties. Internal illumination and fluorescent/neon light sources are prohibited. All lighting shall be subject to design review. E. Sign Maintenance: All signs, including their support structures and related fixtures, shall be kept in good repair; this includes replacement of lighting, repainting when appropriate, and other actions that contribute to attractive signage. The display surfaces and hardware of all signs shall be properly painted, finished, or posted at all 5 10/19/2010 8 -3 -5 times. The glass surfaces on which window signs are affixed shall be well maintained. F. Electrical Wiring: Electrical wiring shall be concealed. In addition, all signs that contain electrical wiring shall be subject to the provisions of the adopted electrical code of the town and the electrical components shall bear the label of an approved testing agency. G. Wind Pressure And Dead Load Requirements: Any "sign", as defined throughout this title, shall be designed to withstand wind pressures and shall support dead loads as required by the most recent building code (IBC) at the time of construction, as adopted by the town of Vail and determined by the chief building official. H. Moving Parts: Signs that have, or appear to have, moving parts (aside from natural wind induced movement) are prohibited. I. Placement On Public Property: Signs shall be constructed on private property outside of the town right of way and shall not project onto the town right of way except when permitted under a licensing agreement or a revocable right of way permit issued from the town of Vail. J. Sign Inspection: Each sign for which a permit is required shall be subject to inspection by the staff. V. REVIEW CRITERIA 1. The extent to which the text amendment furthers the general and specific purposes of the sign regulations; and Staff believes the text amendments further the general and specific purposes of the sign regulations because they "encourage the establishment of well designed, creative signs that enhance the unique character of Vail's village atmosphere." The regulations also seek to "preserve a successful and high quality business environment that is aided by signs that identify, direct, and inform. " The proposed regulations allow ski yard signage to be reviewed on a seasonal basis and provide flexibility for Vail Mountain to inform the public on a variety of subject matter. The Town's Sign Regulations currently allow unique signage opportunities for unique land uses. For example, in addition to the standard 6 sq. ft. business identification signs, restaurants are allowed to erect a "menu box sign" and a "specials board signs ". Similarly, real estate offices and movie theaters are allowed to erect "display box signs ". Movie theaters and movie /media rental businesses are also allowed to erect "entertainment signs ". The Town's Sign Regulations do not currently grant opportunities for ski yard signage. Staff believes ski yards and ski mountains have unique land use characteristics and should have unique consideration for signage. From a community -wide guest service perspective, Staff sees value in distinguishing land uses like the ski 6 10/19/2010 8 -3 -6 mountain and the ski yard, as it is a unique yet essential land use for this community. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and As described above, Staff believes the ski yard has unique land use characteristics and should have unique consideration for signage. Staff sees value in distinguishing this land use because of its importance to the community and to the public. Staff believes allowing signage unique to the ski yard is consistent with the Town's development objectives to provide a better guest experience. Staff also believes the proposed regulations better implement numerous goals, objectives and policies of the Vail Village Master Plan and the Lionshead Redevelopment Plan that outline the importance of Vail Mountain and interface with the villages. Specifically, the Vail Village Master Plan calls for a strengthened tourist economy and the recognition of Vail Village as a portal for tourism activity. The text amendments also further the objective outlined In the Lionshead Redevelopment Master Plan that calls for enhancement of the `guest experience and community interaction through expanded and additional activities and amenities." 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Staff believes the text amendments demonstrate changing conditions, as all portions of the ski yard were not previously within the Town's jurisdiction. Since the annexation of ski yard areas to the Town of Vail, regulations have been absent for ski yard signage. These regulations reflect the need for change after annexation of these ski yard areas. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives, and Staff believes the proposed text amendments help to provide a harmonious relationship between the ski yard and the rest of the town. As a ski town, Vail's regulations need to reflect the changing dynamic of the ski yard and its interaction with the rest of the town. The proposed regulations will provide an improved guest experience, which is a major goal of the Town of Vail. 5. Such other factors and criteria the Commission and /or Council deem applicable to the proposed text amendment. VI. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council on 7 10/19/2010 8 -3 -7 prescribed regulation amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, to establish regulations for ski yard base area signage, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to forward a recommendation of approval of this request, the Community Development Department recommends the Commission pass the following motion: 'Based upon a review of Section V of the Staff's September 27, 2010, memorandum to the Planning and Environmental Commission and the evidence and testimony presented, the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council on prescribed regulation amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, to establish regulations for ski yard base area signage, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section V of Staff's September 27, 2010, memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the sign regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. „ 8 10/19/2010 8 -3 -8 Attachment A: Exam o f Y ard Si gnag e FIRST MEETING AREA 'I ,r S � / w S i i } 1, i `. A 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 19, 2010 ITEM /TOPIC: Resolution No. 25, Series of 2010, a Resolution Approving an Intergovernmental Agreement Between the Town of Vail and the Eagle County Regional Transportation Authority; and Setting Forth Details in Regard Thereto. PRESENTER(S): Gregg Barrie ACTION REQUESTED OF COUNCIL: Approve the IGA, and authorize the Town Manager to sign and enter into the IGA with the Eagle County Regional Transportation Authority. BACKGROUND: In April of 2010, the Department of Public Works applied for a Safety Modification Grant through the ECO Trails Committee. The grant was approved in the amount of 70% of the cost of the project up to $6,340. An Intergovernmental Agreement (IGA) between the Town of Vail and The Eagle County Regional Transportation Authority is required for the grant funds to be dispersed. Once approved, the town can invoice ECO Trails for reimbursement of the work. STAFF RECOMMENDATION: Approve the IGA, and authorize the Town Manager to sign and enter into the IGA with the Eagle County Regional Transportation Authority. ATTACHMENTS: Resolution No. 25, Series of 2010 ECO IGA 10/19/2010 RESOLUTION NO. 25 Series of 2010 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE EAGLE REGIONAL TRANSPORTATION AUTHORITY REGARDING TRAIL MAINTENANCE GRANT; 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 Eagle County Regional Transportation Authority ( "ECO ") provide grants to assist with the funding for bikeway projects; and WHEREAS, the Town has requested ECO funding in accordance with the Trail Repair and Safety Grant program; and WHEREAS, the Town and ECO wish to enter into an Intergovernmental Agreement (the "IGA ") outlining the terms and conditions which ECO will contribute to the Town an amount of $6,324.00 to the total estimated project cost; and WHEREAS, the Council's approval of Resolution No. 25, Series 2010, is required to enter into an IGA. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA with ECO, in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. 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 19 day of October, 2010. Richard Cleveland, Town Mayor ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 25, Series 2010 10/19/2010 9 -1 -1 AGREEMENT BETWEEN THE TOWN OF VAIL AND THE EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY REGARDING TRAIL MAINTENANCE GRANT THIS AGREEMENT, made and entered into this day of 2010, by and between the Town of Vail, Colorado (hereinafter referred to as the "Town ") and the Eagle County Regional Transportation Authority (hereinafter referred to as "ECO "). WHEREAS, Resolution No.96 -22 created ECO and provided for its duties and powers, which include determining grants and bikeway projects to be funded from the monies budgeted and appropriated therefore; and WHEREAS, ECO has received a request for ECO funding from the Town, in accordance with the Trail Repair and Safety Grant program adopted by ECO in February, 2005. IN CONSIDERATION of that request, the parties agree as follows: 1. That the project within the Town for which the ECO contribution is being granted will be constructed and maintained to the standards adopted by the Town of Vail in the Eagle Valley Regional Trails Plan in 2001. 2. That the project will consist of striping removal, signs, crosswalk and stripe replacement on the West Frontage Road portion of the Gore Valley Trail to create shoulders on both sides of the road, between 4 and 6 feet wide. The project boundaries are represented in the Town's application reviewed by the ECO Trails Committee on March 15, 2010 (attached as Exhibit A). 3. The ECO Trails fund, per the recommendation of the Eagle Valley Trails Committee and ECO Board, will contribute 70 percent to the total $9,034.00 estimated project cost or an amount not to exceed $6,324.00. 4. That - the term of this Agreement shall commence on the date executed by both parties and shall terminate on December 31, 2010, unless the Agreement is extended by both parties prior to that end date. Any unexpended funds may be required to be returned to ECO as well as any funds not properly expended according to project objectives. ECO may terminate this Agreement between ECO and the Town on ten (10) days notice if it is deemed by ECO that the project is not as agreed upon. 5. ECO's financial obligations under this agreement are contingent upon its receiving sufficient revenues within its budget. 6. In order to receive the funds granted under this Agreement, Town will submit an invoice 10/19/2010 9 -2 -1 to ECO at the completion of the project. Invoices will be submitted to ECO Trails, PO Box 1070, Gypsum, Colorado 81637. Payment will be made according to the County's regular bill paying procedure. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. One counterpart each has been delivered to ECO and to the Town. COUNTY OF EAGLE, STATE OF COLORADO by and through its REGIONAL TRANSPORTATION ATTEST: AUTHORITY By: Cl Ark to the Regional JJA fhr l oll, Chairman Transportation Authority TOWN OF VAIL ATTEST: By: By: Vail Town Clerk Town of Vail Authorized Representative 10/19/2010 9 -2 -2 trails APPLICATION for 2010 MAJOR REPAIRS AND SAFETY MODIFICATIONS GRANT PROGRAM Applicant (Agency): Town of Vail Contact Person: Gregg Barrie Mailing Address: 1309 Elkhorn Drive, Vail, Co 81657 Phone and Fax: phone: 970 - 479 -2337 fax: 970 - 479 -2166 e -mail: gbarrie @vailgov.com Town or County Location of Eagle Valley Trail or Gore Valley Trail project location: The proposed project is located on the eastern section of the Gore Valley Trail in Vail along the South Frontage Road. The project extends from the Dowd Junction trail to the West Vail roundabout. Description of Project: The Town of Vail is proposing to realign the roadway striping on the western end of the South Frontage Road to be more favorable to bicycle and pedestrian traffic. The existing configuration of two travel lanes and a single -side widened shoulder requires that west -bound bikers ride against vehicular traffic. The proposed configuration would result in the following: • Widened shoulders on both sides of the road. On the north side the shoulder would be 4 to 5' wide plus the 2' width of the gutter where curb and gutter exists. Where there is no curb and gutter, the lane would be a minimum of 6' wide. • On the south side, the shoulder would be a minimum of 6'. Between Stephens Park and Kinnickinnick Rd East, the shoulder would be up to 9' wide to accommodate local pedestrian traffic to and from the park. • The travel lanes would be narrowed from 12' to 11 1 /2 ' wide. The narrowed lanes would still meet lane -width standards. • CDOT recommends a minimum of 4' shoulders for use as a bicycle facility. The new configuration would exceed that recommendation in all locations. CDOT is supporting this proposal. • Please see the attached photos, plans and cross sections for additional information The new striping will be installed as part of CDOT's annual maintenance in early May, reducing the project cost to only the removal of existing striping, the installation of new signs and a crossing west of the roundabout. 10/19/2010 9 -2 -3 Estimate of cost of work: Work Item Cost Applicant Share Grant Request Remove existing striping $ 7,134 $ 2,140 $ 4,994 New signage $ 900 $ 270 $ 630 Inlaid road crossing $ 1,000 $ 300 $ 700 Totals $ 9,034 $ 2,710 (30 %) $ 6,324 70% Month Project Will Be Completed: late April to early May of 2010 (dependant upon CDOT striping schedule) 10/19/2010 9 -2 -4 Intersection of the • - alley Tr fll and the Gore Valley Trail. Exit 173 it Exit 170 East end of the Dowd Do dJunction Junction secti of .� . Gore Valley Trail South Frontage Road/Gore Valley Trail ,r T � . ►�� i��agauSilAF ,� z�o�GaO�Ie i§2fl IC Googir - y g �I`DYl®i,i g 1 2 - ua +17, _� �„ 99'_' - i 93 98' N i�8'2: �e 89 elev T941 i„ 9yx ell 9 ]�• - ni „ Roadwa . • Realignment P Vicinity Map Vail, CO 4 f The west end of the South Frontage Road, start of the Dowd Junction portion of the Gore Valley Trail. The proposal shifts the center- line to the north, adding a 6' shoulder to the south edge and creating an easier transition in both directions between the road and the recreation trail. Ld t Looking west towards Stephens Park. In this area, the centerline Shifts 5' to the south, creating a 6' lane on the south, 5' plus the 2' gutter on the north. Looking east towards the West Vail roundabout. 6' lane on the south, 5' plus the 2' gutter on _ the north. 9 -2 -6 TYPICAL EXISTING NORTH SIDE ROADWAY SECTION SOUTH SIDE EXISTING GUARDRAIL EXISTING CURB 12' 12' AND GUTTER IN 10 -12' IN SOME LOCATIONS TRAVEL TRAVEL SHOULDER SOME LOCATIONS LANE LANE MINIMUM EXISTING WIDTH = 34.5' z NOTES: MAXIMUM EXISTING WIDTH = 39' • ROADWAY LENGTH - 5800 LF l • VEHICLE TRAVEL LANE WIDTH - 11.5 FEET • SOUTH BIKE LANE /SHOULER - 6' MIN UP TO 9' o • NORTH BIKE LANE /SHOULDER: p o • WITH CURB /GUTTER - 4 TO 5' (PLUS 2' GUTTER) c • WITHOUT CURB /GUTTER - 6' MINIMUM c"'7 w z 4 -5' 11 112' 11 1/2' 6' MIN. u BIKE TRAVEL TRAVEL BIKE LANE LANE LANE LANE O 0 Z J F U z a D F NORTH SIDE SOUTH SIDE 0 PROPOSED SECTION A Lu WITH CURB AND GUARDRAIL F z J_ Q 6' MIN. 11 1/2' 11 1/2' 6' MIN. BIKE TRAVEL TRAVEL BIKE LANE LANE LANE LANE IN MANY LOCATIONS THE �a SOUTH SHOULDER WILL 1K BE WIDER THAN 6' NORTH SIDE SOUTH SIDE PROPOSED SECTION B NO CURB OR GUARDRAIL - S -1 9_2.7 4 -5' BIKE.LANE W/ CURB /GUTTER - EXISTING CENTERLINE NOTE' EXISTING 10' DIKE LANE PROPOSED 6" WHITE EDGE LINE 11.5'TRAVEL LANE CHANGES SIDESATTHIS PROPOSED DOUBLE YELLOW CENTERLINE L EXISTING 10' 11.5' TRAVEL LANE 2 -WAY BIKE LANE INTERSECTION. REALIGNMENT WILL J 6' MIN BIKE LANE CORRECTTHIS SAFETY HAZARD. ROPOSEDWEDGE , . -.� ti S ~ { PROPOSED 6'. EDGE LINE . -___ R s 0 c elxE aarx O ` - rllr , y:�K f. A. a �.. 666 LANE WIO CURB /GUTTER 11 SIN B HERE) OF P 70 EAST BOUND -�_ a!' j 1 l']; RAVEL LANE 0 6' MIN BIKE LANE DASHED LINE INDICATES EDGE _ - ROVIDES NEIGHBORHOOD ACCESS TO PARK WITHOUT W _-- _-- ___— ___— _-- -__ - -- - _ - - - -- GROSSING THE ROAD. --------------- -------------------- - - 10 t� aL w• .5TEPk,E D Vr 4-6 BIKE LANE W /CURB /GUTTER ' T.5 TRAVEL LANE y W ... 11.5 l%VELTAN EXISTING CURB AND GUTTER Z _ — lV MIN.BIKE E EXISTING CENTERLINE ^+ ' 70 EAST BOON PROPOSED 6" WHITE EDGE LINE _. _ IO ........ ........- '- "'T "-- __.__... - - - ' PRO POSED "DOABLE YELLOW CENTERLINE '� INE -- PROPOSED6" WHITE EDG LINE 2 -WAY BIKE LANE O _ _ -- _ Lu DASHED LINE INIDTCATES�EDGE — _ OF V BIKE LANE. EXTRA WIDTH J - 1 H PROVIDES NEIGHBORHOOD ACCESS TO PARK WITHOUT PARK CROSSING THE ROAD '• .1 / ,y Q � STEPHENS i � K.�, �IMr�" if! � ."�`. 7* .• _ _ -I � kE LANE CURB/GUTTER - ❑ _ ULAN -� 11.5' .5'T TRAVEL LANE -T � 11.5' IN ANE BIKE — START OF 6' BIKE LA r EXIT 173 PROPOSED 6" WHITE EDGE LINE �' - 6' MIN BIKE LANE - WEST VAIL PROPOSED DOUBLE YELLOW CENTERLINE NE PAINTED CROSSWALK I TO BUS STOP Gg ` GB - - -_ - -- — - � a ; RROPO_SED.6 WHITE EDGE LINE TO 20:1 T T 46.10 T 7 RMT001 L1 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 19, 2010 ITEM /TOPIC: Second reading of Ordinance No. 15, Series of 2010, an ordinance amending Chapter 12 -6, Residential Districts, Vail Town Code, to establish the Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. PRESENTER(S): Bill Gibson, Planner and Dominic Mauriello, Mauriello Planning Group ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny the second reading of Ordinance No. 15, Series of 2010. BACKGROUND: On October 5, 2010 the Vail Town Council approved the first reading of Ordinance No. 15, Series of 2010, by a vote of 5 -2 -0 (Rogers and Tjossem opposed). STAFF RECOMMENDATION: On August 23, 2010 the Planning and Environmental Commission forwarded a recommendation of approval, with modifications, by a vote of 5 -0 -0, to the Vail Town Council for prescribed regulation amendments to Chapter 12 -6, Residential District, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to establish a new zone district, Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. ATTACHMENTS: Town Council memorandum Ordinance No. 15 Staff presentation 10/19/2010 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: October 19, 2010 SUBJECT: Ordinance No. 15, Series of 2010, an ordinance amending Chapter 12 -6, Residential Districts, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to establish a new zone district, Vail Village Townhouse (WT) District, and setting forth details in regard thereto; and Resolution No. 23, Series of 2010, a resolution amending Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub -Area ( #6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. (PEC100011 /PEC100035) Applicant: Chris Galvin, represented by K.H. Webb Arch itects /Mauriello Planning Group Planner: Bill Gibson I. DESCRIPTION OF THE REQUEST The applicant, Chris Galvin, represented by K.H. Webb Architects and Mauriello Planning Group, is proposing to establish a new residential zone district, the Vail Village Townhouse (VVT) District. The applicant is proposing to establish a new zone district to simplify the development review process and to create economic incentives for the redevelopment of existing townhouse properties in Vail Village. This proposed new zone district involves amendments to the Town's Zoning Regulations (Ordinance No. 15, Series of 2010) and associated amendments to the Vail Village Master Plan (Resolution No. 23, Series of 2010). The proposed Ordinance No. 15, Series of 2010 (Attachment A), proposed Resolution No. 23, Series of 2010 (Attachment B), and Staff's presentation (C) have been attached for review. II. BACKGROUND At its October 5, 2010 public hearing, the Vail Town Council approved the first reading of Ordinance No. 15, Series of 2010, by a vote of 5 -2 -0 (Rogers and Tjossem opposed). The Vail Town Council tabled the final vote on the related Resolution No. 23, Series of 2010, to correspond to the second reading of this ordinance. At its October 5 th public hearing, the Vail Town Council requested additional information about the formulas Staff and the Planning and Environmental Commission considered when evaluating the proposed GRFA ratios for the new zone district. In 2004, the Town of Vail amended the GRFA requirements in the residential zone districts and eliminated eligibility to utilize the 250 Ordinance and Interior Conversion in the Hillside, Single Family, Two - Family, and Two - Family Primary /Secondary Residential Districts. The allowable GRFA formulas in these districts were adjusted to compensate for these exclusions. In 2004, the newly adopted "basement deduction" compensated for the loss of crawlspace Interior Conversion opportunities and the GRFA formulas were 1 10/19/2010 10 -1 -1 increased by 15% to compensate for the assumed loss of attic Interior Conversion opportunities. The GRFA formulas were also adjusted for the loss of 250 Ordinance opportunities based upon conforming density. The first reading of Ordinance No. 14, Series of 2004, also eliminated eligibility to utilize the 250 Ordinance and Interior Conversion provisions in the multiple family districts. The High Density Multiple Family (HDMF) District was proposed to be modified to a GRFA ratio of 1.0 to compensate for these exclusions. This 1.0 ratio was recommended based upon an evaluation of the full spectrum of lot sizes found in the HDMF District and conforming density. Upon second reading of the ordinance, the Vail Town Council chose not to adopt a 1.0 GRFA ratio in the HDMF District; instead the Council adopted a 0.76 GRFA ratio and continued eligibility to the 250 Ordinance and Interior Conversion provisions in this district. The lot sizes associated with the existing Vail Village townhouse properties are on the smaller end of the HDMF District lot size spectrum. These townhouse developments also exceed the maximum number of dwelling units allowed in the HDMF District. When defined as a ratio of lot size, 250 and Interior Conversions additions are proportionally more significant on smaller lots than larger lots. Due to this circumstance and the policy that each dwelling unit in the HDMF District is eligible for a 250 addition (even those units that exceed allowable density), Staff believed a GRFA ratio of 1.0 in a new townhouse zone district would not preserve existing development rights. In reviewing this proposed new zone district application, Staff re- calibrated the 2004 GRFA calculations to specifically address the small lot sizes associated with the subject townhouse developments and number of existing non - conforming dwelling units. Staff recalculated the existing allowable GRFA for these townhouse properties based upon the following formula: A = Lot Size x 0.76 (HDMF GRFA ratio) B = A x 0.15 (assumed interior conversion equivalent) C = Units x 250 (assumed 250 equivalent) A +B +C = Total Allowable GRFA (sq.ft.) Total Allowable GRFA / Lot Size = Allowable GRFA Ratio These calculations resulted in the following existing allowable GRFA ratio conclusions: Vail Townhouses: 1.04 Vail Row Houses: 0.96 to 1.09 Vail Trails Chalet: 1.13 Vail Trails East: 1.18 Texas Townhomes: 0.98 to 1.09 These calculations are the theoretical allowable GRFA potential for the existing townhouse properties in Vail Village. During the Planning and Environmental Commission's deliberation of the new zone district, Staff indicated that a 1.15 GRFA in the new district would preserve the majority of the existing development rights based upon this evaluation. Staff recognized that this was a conservative approach in considering the appropriate GRFA formulas for a new townhouse zone district since these calculations did not 2 10/19/2010 10 -1 -2 address non - conforming properties or properties that constructed 250 additions prior to 2004. In both circumstances, the allowable GRFA square footage could be greater than these initial conclusions. To fully frame the GRFA discussion, Staff also re- calibrated the 2004 GRFA calculations to address a maximized theoretical GRFA scenario in which each existing unit was credited development rights for two 250 Additions (i.e. one constructed before and one constructed after 2004). These calculations resulted in the following existing allowable GRFA ratio conclusions: Vail Townhouses: 1.33 Vail Row Houses: 1.16 to 1.43 Vail Trails Chalet: 1.50 Vail Trails East: 1.59 Texas Townhomes: 1.20 to 1.41 The applicant performed an evaluation of the existing allowable GRFA for the Vail Village townhouse properties based upon built conditions, rather than theoretical zoning code allowances. The applicant's calculations are based upon GRFA extrapolations from Eagle County Assessor's data, basement deduction assumptions, and conclusions about the feasibility of constructing additions to these existing structures. The applicant's analysis reached the following existing allowable GRFA ratio conclusions: Vail Townhouses: 1.13 Vail Row Houses: 0.76 to 1.53 Vail Trails Chalet: 1.27 Vail Trails East: 1.32 Texas Townhomes: 0.88 to 1.21 In evaluating these various methodologies, Staff concluded that a 1.25 GRFA ratio would be more appropriate for preserving existing development rights in a new townhouse district than a 1.15 ratio. The Planning and Environmental Commission determined that a GRFA ratio greater than 1.25 would be more effective in preserving existing development rights, but believed the applicant's proposed 1.50 GRFA ratio was too high. At its August 23, 2010 hearing, the Planning and Environmental Commission recommended that the Vail Town Council adopt a new townhouse zone district with a GRFA ratio of 1.35. At its October 5, 2010 public hearing, the Vail Town Council requested additional information describing the actual floor area differences between applying a 1.25 and a 1.35 GRFA ratio in the proposed townhouse zone district. A 1.35 GRFA ratio would grant the following additional floor area to the existing townhouse properties compared to a 1.25 GRFA ratio: Vail Townhouses +1,622 sq.ft. Vail Trails Chalets +1,864 sq.ft. Vail Trails East +2,073 sq.ft. Vail Row Houses +227 sq.ft. to +575 sq.ft. Texas Townhomes +231 sq.ft. to +392 sq.ft. On October 5 th the Vail Town Council directed Staff to delete the building step back recommendations from the proposed Vail Village Master Plan amendments of Resolution No. 23, 2010. Based upon the evaluation of redevelopment projects in 3 10/19/2010 10 -1 -3 Lionshead, the Council does not feel step back requirements are an effective tool in limiting perceived building height. This change has been incorporated into the attached Resolution No. 23 (Attachment B). Since the Town Council's October 5 th hearing, Staff has revised the proposed Vail Village Master Plan amendments of Resolution No. 23, Series of 2010, to reference the adoption of the Vail Village Townhouse District in the past tense instead of identifying the adoption of a generic new zone district as a future goal or recommendation. These modifications have been incorporated in the attached Resolution No. 23. Also at its October 5 th public hearing, the Vail Town Council directed Staff to pursue the rezoning of the Vail Townhouses, Vail Row Houses, Vail Trails Chalets, Vail Trails East, and Texas Townhomes to the proposed Vail Village Townhouse (VVT) District. Staff will initiate a formal rezoning application for these properties upon the Council's adoption of Ordinance No. 15 and Resolution No. 23. III. TOWN COUNCIL ACTION The Town Council shall approve, approve with modifications, or deny the second reading of Ordinance No. 15, Series of 2010. The Town Council shall also approve, approve with modifications, or deny Resolution No. 23, Series of 2010. IV. RECOMMENDATION Ordinance No. 15, Series of 2010 The Planning and Environmental Commission forwarded a recommendation of approval to the Town Council for Ordinance No. 15, Series of 2010, an ordinance amending Chapter 12 -6, Residential Districts, Vail Town Code, pursuant to Section 12 -3- 7, Amendment, Vail Town Code, to establish a new zone district, Vail Village Townhouse (WT) District, and setting forth details in regard thereto. Should the Vail Town Council choose to approve Ordinance No. 15, Series of 2010, the Community Development Department recommends the Vail Town Council pass the following motion: "The Town Council approves, on second reading, Ordinance No. 15, Series of 2010, an ordinance amending Chapter 12 -6, Residential Districts, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to establish a new zone district, Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. " Should the Vail Town Council choose to approve Ordinance No. 15, Series of 2010, on second reading, the Community Development Department recommends the Vail Town Council makes the following findings: "Based upon the review of the criteria outlined in Section V of Staff's August 23, 2010 memorandum to the Planning and Environmental Commission and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 4 10/19/2010 10 -1 -4 2. That the amendments further the general and specific purposes of the sign regulations; and 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. „ Resolution No. 23, Series of 2010 The Planning and Environmental Commission forwarded a recommendation of approval to the Town Council for Resolution No. 23, Series of 2010, a resolution amending Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub -Area ( #6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. Should the Vail Town Council choose to approve Resolution No. 23, Series of 2010, the Community Development Department recommends the Vail Town Council pass the following motion: "The Town Council approves Resolution No. 23, Series of 2010, a resolution amending Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub -Area ( #6), Vail Village Master Plan, pursuant to Chapter Vlll, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. " Should the Vail Town Council choose to approve Resolution No. 23, Series of 2010, the Community Development Department recommends the Vail Town Council makes the following findings: "Based upon the review of the criteria outlined in Section V of Staff's August 23, 2010 memorandum to the Planning and Environmental Commission and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendments further the general and specific purposes of the sign regulations; and 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. „ 5 10/19/2010 10 -1 -5 IV. ATTACHMENTS Attachment A: Ordinance No. 10, Series of 2010 Attachment B: Resolution No. 23, Series of 2010 Attachment C: Staff presentation 6 10/19/2010 10 -1 -6 ORDINANCE NO. 15 Series of 2010 AN ORDINANCE AMENDING CHAPTER 12 -6, RESIDENTIAL DISTRICTS, VAIL TOWN CODE, TO ESTABLISH THE VAIL VILLAGE TOWNHOUSE (WT) DISTRICT, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12 -3 -7, Amendment, Vail Town Code, sets forth the procedures for amending the Town's Zoning Regulations; and, WHEREAS, on August 23, 2010 the Town of Vail Planning and Environmental Commission held a public hearing on the application to amend the Town's Zoning Regulations and establish the Vail Village Townhouse District, in accordance with the provisions of the Vail Town Code; and, WHEREAS, the Town of Vail Planning and Environmental Commission forwarded a recommendation of approval, with modifications, of the proposed Zoning Regulation amendments to the Vail Town Council by a vote of 5 -0 -1; and, WHEREAS, the Vail Town Council finds and determines that the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and, WHEREAS, the Vail Town Council finds and determines that the amendment to the Town Code furthers the general and specific purposes of the Zoning Regulations; and, WHEREAS, the Vail Town Council finds and determines that the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: SECTION 1 . Table of Contents, Title 12, Zoning Regulations, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stFikethFeug4, text that is to be added is bold, and sections of text that are not amended have been omitted): Vail Village Townhouse (WT) District ... 6J SECTION 2 . Section 12 -2 -2, Definitions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stF +h F9 g I , text that is to be added is bold, and sections of text that are not amended have been omitted): TOWNHOUSE: A building that has one - family dwelling units erected in a row, each being separated from the adjoining unit or units by a party wall or walls extending from the basement floor to the roof along the dividing lot line. INDIVIDUALLY PLATTED TOWNHOUSE UNIT: A dwelling unit within a townhouse subdivided under Eagle County jurisdiction as an individual development site. SECTION 3 . Section 12 -4 -1, Designated, Vail Town Code, is hereby amended in part as Ordinance No. 15, Series of 2010, second reading 1 10/19/2010 10 -2 -1 follows (text to be deleted is in stpike +hpe g l , text that is to be added is bold, and sections of text that are not amended have been omitted): The following zone districts are established: Hillside residential (HR) district Single- family residential (SFR) district Two - family residential (R) district Two - family primary/secondary residential (PS) district Residential cluster (RC) district Low density multiple - family (LDMF) district Medium density multiple - family (MDMF) district High density multiple - family (HDMF) district Housing (H) district Vail Village Townhouse (WT) District Public accommodation (PA) district Commercial core 1 (CC1) district Commercial core 2 (CC2) district Commercial core 3 (CC3) district Commercial service center (CSC) district Arterial business (ABD) district Heavy service (HS) district Lionshead mixed use 1 (LMU -1) district Lionshead mixed use 2 (LMU -2) district Public accommodation -2 (PA -2) district Agricultural and open space (A) district Outdoor recreation (OR) district Natural area preservation (NAP) district Ski base /recreation (SBR) district Ski base /recreation 2 (SBR2) district Special development (SDD) district Parking (P) district General use (GU) district SECTION 4 . Chapter 12 -6, Residential Districts, Vail Town Code, is hereby established as follows (text that is to be added is bold): ARTICLE J. VAIL VILLAGE TOWNHOUSE (WT) DISTRICT 12 -6J -1: PURPOSE: Vail Village Townhouse District is intended to provide sites and maintain the unique character of existing townhouse and row house development in the Vail Village Master Plan area of the Town of Vail. The Vail Village Townhouse district is intended to ensure adequate light, air, open space, and other amenities commensurate with attached or row dwellings, and to maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. This zone district was specifically developed to regulate existing townhouse and row house properties that were legally nonconforming in the High Density Ordinance No. 15, Series of 2010, second reading 10/19/20 10 -2 -2 Multiple Family District. The Vail Village Townhouse District is meant to encourage and provide incentives for redevelopment of existing townhouse and row house properties in accordance with the Vail Village Master Plan. The incentives in this zone district include differentiating between properties subdivided and regulated as a comprehensive townhouse building from those properties subdivided and regulated as individual townhouse lots within a building, reductions in lot area standards, reductions in setbacks, increases in density, increases in gross residential floor area (GRFA), reductions in landscaping area, and reductions in parking design requirements. More restrictive building height requirements have been applied to these properties in accordance with the Vail Village Master Plan to maintain the existing character of townhouse and rowhouse development in Vail Village. 12 -6J -2: PERMITTED USES: The following uses shall be permitted in the VVT district: Employee housing units, as further regulated by chapter 13 of this title. Multiple - family residential dwellings, including townhouses or attached row dwellings. 12 -6J -3: CONDITIONAL USES: The following conditional uses shall be permitted in the VVT district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12 -14 -18 of this title. Communications antennas and appurtenant equipment. Home child daycare facilities, as further regulated by section 12 -14 -12 of this title. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Timeshare units. 12 -6J -4: ACCESSORY USES: The following accessory uses shall be permitted in the VVT district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12 -14 -12 of this title. Private greenhouses, tool sheds, playhouses, attached garages or carports, swimming pools, or recreation facilities customarily incidental to permitted residential and lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12 -6J -5: LOT AREA AND SITE DIMENSIONS: The minimum lot orsite area shall be ten thousand (10,000) square feet of total site area for a comprehensive townhouse development site. For individually platted townhouse lots within a townhouse development site, the minimum lot or site area shall be two thousand (2,000) square feet of total site area. Each site shall have a minimum frontage of twenty feet (20'). 12 -6J -6: SETBACKS: The minimum setback shall be twenty feet (20') from the front, side, and rear Ordinance No. 15, Series of 2010, second reading 10/ 19/20 ?0 10 -2 -3 property lines. There shall be no setback from property lines which exist between attached dwelling units. 12 -6J -7: HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed forty five feet (45'). For a sloping roof, the height of buildings shall not exceed forty eight feet (48'). The initial eave height along a public street shall be as regulated by the Vail Village Master Plan. 12 -6J -8: DENSITY CONTROL: The existing number of legally established units on a property or twenty -five dwelling units peracre of total site area, whichever is greater, shall be allowed. A dwelling unit in a multiple - family or townhouse building may include one attached accommodation unit no larger than one -third (1/3) of the total floor area of the dwelling. 12 -6J -9: GROSS RESIDENTIAL FLOOR AREA: Not more than one hundred twenty five (125) square feet of gross residential floorarea (GRFA) shall be permitted foreach one hundred (100) square feet of total site area. Attached or row dwellings in this zone district shall not be entitled to additional gross residential floor area under section 12 -15 -5: Additional Gross Residential Floor Area (250 Ordinance), or section 12 -15 -4: Interior Conversions of this title. There shall be no exclusion to gross residential floor area granted for enclosed garage space within individual dwelling units as referenced in Chapter 15 Gross Residential Floor Area. 12- 6J -10: SITE COVERAGE: Site coverage shall not exceed fifty five (55 %) of the total site area. 12- 6J -11: LANDSCAPING AND SITE DEVELOPMENT: At least twenty percent (20 %) of the total site area shall be landscaped. 12- 6J -12: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. Required parking legally established within the street right -of -way may be continued subject to a revocable right -of -way permit issued by the Town of Vail. SECTION 5 . Section 12- 10 -17 -B, Lease Qualifications, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stp text that is to be added is bold, and sections of text that are not amended have been omitted): 1. Any owner, occupant or building manager who owns, occupies or manages ten (10) or more private parking spaces located in commercial core 1, commercial core 2, commercial core 3, high density multiple - family, Vail Village Townhouse, public accommodations, Lionshead mixed use 1, Lionshead mixed use 2, or special development zone districts and provides sufficient parking for use by employees may apply to the administrator of the town for a permit to lease parking spaces. SECTION 6 . Section 12 -13 -4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, is hereby amended in part as follows (text to be deleted is in s t p ik e th pe g , text that is to be added is bold, and sections of text that are not amended have been omitted): Ordinance No. 15, Series of 2010, second reading 4 10/19/2010 10 -2 -4 Type Residential cluster The EHU The EHU n/a n/a Per A. Dwelling The EHU is III Low density multiple - family may be is chapter unit: 300 sq. excluded Medium density multiple- sold or excluded 10 of ft. minimum from the family transferred from the this title and 1,200 calculation High density multiple - family separately. calculatio as a sq. ft. of density. Vail Village Townhouse n of dwelling maximum. Public accommodation GRFA. unit. Commercial core 1 Commercial core 2 B. Dormitory Commercial core 3 unit: Commercial service center 200 sq. Arterial business ft. Heavy service mi m for for Lionshead mixed use 1 Lionshead mixed use 2 each Public accommodation 2 person Ski base /recreation occupyi Ski base /recreation 2 ng the Special development district EHU. Parking district General use SECTION 7 . Section 12 -15 -2, GRFA Requirements By Zone District, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stpikethpe g1 text that is to be added is bold, and sections of text that are not amended have been omitted): Zone Districts + GRFA Credits (Added To Results Of GRFA Ratio Application Of Percentage) HR r0,25 of site <_ 10,000 sq. ft., plus I None Hillside residential of site area > 10,000 and < 22,000 sq. ft., plus of site area > 22,000 sq. ft. SFR ' 0.40 of site area :5 10,000 sq. ft., plus None Single- family residential 10.13 of site area > 10,000 sq. ft. R 0.46 of site area < 10,000 sq. ft., plus None Two - family residential 0.38 of site area > 10,000 and < 15,000 sq. ft., plus 0.13 of site area > 15,000 and < 30,000 sq. ft., plus 0.06 of site area > 30,000 sq. ft. PS 0.46 of site area < 10,000 sq. ft., plus None Two - family primary/ 0.38 of site area > 10,000 and < 15,000 sq. ft., plus secondary residential 0.13 of site area > 15,000 and :5 30,000 sq. ft., plus 0.06 of site area > 30,000 sq. ft. (the secondary unit shall not exceed 40% of the allowable GRFA) RC 0.36 of buildable area None Residential cluster LDMF 0.44 of buildable area None Low density multiple - family MDMF 0.56 of buildable area None Medium density multiple - family HDMF 0.76 of buildable area None High density multiple - family H Per planning and environmental commission None Housing approval VVT 1.25 of site area None (Vail Villag Townhouse Ordinance No. 15, Series of 2010, second reading 10/ 19/20 5 5Q 10 -2 -5 AN PA 0.80 of buildable area None Public accommodation CC1 r.80 of buildable area one Commercial core 1 rCC2 F 80 of buildable area None (Commercial core 2 CC3 0.30 of buildable area None Commercial core 3 CSC 0.40 of buildable area None Commercial service (GRFA shall not exceed 50% of the center total building floor area on any site) IABD 0.60 of buildable area None Arterial business HS None permitted None Heavy service LMU -1 2le a rea None Lionshead mixed use 1 LMU -2 2.5 of buildable area None Lionshead mixed use 2 A 2,000 sq. ft. None Agricultural and open (space OR None permitted None Outdoor recreation — 1 F None permitted None Parking GU Per planning and environmental commission None General use approval NAP None permitted None Natural area preservation SBR Per town council approval None Ski base /recreation SDD , Per underlying zoning or per None Special development development plan approval by town council districts SBR2 Per planning and environmental commission None Ski base /recreation 2 approval SECTION 8 . Section 12 -15 -3, Definition, Calculation, and Exclusions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stFikethF9UgI4, text that is to be added is bold, and sections of text that are not amended have been omitted): B. Within The Residential Cluster (RC), Low Density Multiple - Family (LDMF), Medium Density Multiple - Family (MDMF), High Density Multiple - Family (HDMF), A444 Housing (H), and Vail Village Townhouse (WT) Districts: SECTION 9 . Section 12 -15 -3, Definition, Calculation, and Exclusions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stFikethF9UgI4, text that is to be added is bold, and sections of text that are not amended have been omitted): C. Within All Districts Except The Hillside Residential (HR), Single - Family Residential (SFR), Two - Family Residential (R), Two - Family Primary/Secondary (PS), Residential Cluster (RC), Low Density Multiple - Family (LDMF), Medium Density Multiple - Family (MDMF), High Density Multiple - Family (HDMF), A-R4 Housing (H), and Vail Village Townhouse (WT) Districts: Ordinance No. 15, Series of 2010, second reading 10/19/200 10 -2 -6 SECTION 10 . Section 12 -15 -4, Interior Conversions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stp text that is to be added is bold, and sections of text that are not amended have been omitted): B. Applicability: Within all zone districts except the single - family residential (SFR), two - family residential (R), a+4 two - family primary/secondary residential (PS), and Vail Village Townhouse (WT) districts, dwelling units that meet or exceed allowable GRFA will be eligible to make interior conversions provided the following criteria are satisfied: 1. Any existing dwelling unit shall be eligible to add GRFA, via the "interior space conversion" provision in excess of existing or allowable GRFA including such units located in a special development district; provided, that such GRFA complies with the standards outlined herein. 2. For the purpose of this section, "existing unit" shall mean any dwelling unit that has been constructed prior to August 5, 1997, and has received a certificate of occupancy, or has been issued a building permit prior to August 5, 1997, or has received final design review board approval prior to August 5, 1997. SECTION 11 . Section 12 -15 -5, Additional Gross Residential Floor Area (250 Ordinance), Vail Town Code, is hereby amended in part as follows (text to be deleted is in s t p ik e th pe g I text that is to be added is bold, and sections of text that are not amended have been omitted): B. Applicability: The provisions of this section shall apply to dwelling units in all zone districts except the single - family residential (SFR), two - family residential (R), a+4 two - family primary/secondary residential (PS), and Vail Village Townhouse (WT) districts. SECTION 12 . Section 12 -24 -1, Inclusionary Zoning, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stp text that is to be added is bold, and sections of text that are not amended have been omitted): B. This chapter shall apply to all new residential development and redevelopment located within the following zone districts, except as provided in section 12 -24 -5 of this chapter: 1. High density multiple - family (HDMF); 2. Vail Village Townhouse (WT) 3. Public accommodation (PA); 3- 4. Public accommodation 2 (PA -2); 4 5. Commercial core 1 (CC1); & 6. Commercial core 2 (CC2); 7. Commercial core 3 (CC3); 8. Commercial service center (CSC); 3- 9. Arterial business (ABD); 9- 10. General use (GU); 44 11. Heavy service (HS); 44- 12. Lionshead mixed use 1 (LMU -1); 4-2-. 13. Lionshead mixed use 2 (LMU -2); 4.3 14. Ski base /recreation (SBR); 44. 15. Ski base /recreation 2 (SBR2); 45- 16. Parking district (P); and Ordinance No. 15, Series of 2010, second reading 7 10/19/2010 10 -2 -7 4-6-. 17. Special development (SDD). SECTION 13 . Section 14 -8 -1 Site Development Standards, Inclusionary Zoning, Vail Town Code, is hereby amended in part as follows (text to be deleted is in 6tFikethFqug4, text that is to be added is bold, and sections of text that are not amended have been omitted): Ordinance No. 15, Series of 2010, second reading RR l0i 19i_'Ol"0 10 -2 -8 C O O O U O 0 CO C\ O C\ O N O O)m QL'O Y O p +_' N p "" N p "" 0 0 m N N C C p C O U U U O O J J N m Ul N m Ul N m N Q N Y d (n U� (n U (a) U w � Z 2 m N N 7 Q QQ-0 3:-0 O O O O) O 8-6 8- 2 CL 8- 2 CL 8- 2 CL C X- O O O O O O O O m O O U) O U) N (n O Ul C U) m= m O O m O O m O O m O O o E o (�) ° o E o (�) ° o E o (�) ° o � E o () ° 0 0 0 0 �3m 00 00 00 00 x x x x �u o 0 0 0 00 00 00 00 A a) �m 0 0 0 0 o u) (1) (1) c� Li m O a) O N Q O N LL O O O 00 N 00 O O -0 J S � N O � m 0�� m m - N N O N � m 'O N m Q J N o 0 0 0 C m (0 (0 (0 N N N O) X 0) l!7 O O U) m > L N N N � 0 (6 Y � U � ! 2 (n V V V V Q d C -0 Y O U O U O N E E E QUO >� U ° U ° U U a) z o a) > ., ul > ., c ul > ., ul 5 M > ., ul � moomUn°a)a� m06mUn°a)a� m0OmU) cry moomu, °a)a QE min U) Qc min u)) Qc min w QED Tines 2 O N U O U U O O a) m U U U L >� .�? 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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 15. 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 16. 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 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 17. 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 5 th day of October, 2010 and a public hearing for second reading of this Ordinance set for the 19 day of October, 2010, 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. 15, Series of 2010, second reading 10/19/204 10 -2 -16 Vail Village Townhouse (VVT) Zone District txisting GRFA Calculation Formulas Town of Vail Community Development Existing Allowable GRFA Formula • A = lot size x 0.76 (HDMF GRFA ratio) • B = A x 0.15 (interior conversion equivalent) • C = units x 250 (250 equivalent) • A +B +C = Existing Allowable GRFA (sq.ft.) • GRFA / Lot Size = Allowable GRFA Ratio Town of Vail Community Development 10/19/10 Existing Allowable GRFA Ratio • Vail Townhouses: 1.04 • Vail Row Houses: 0.96 to 1.09 • Vail Trails Chalet: 1.13 • Vail Trails East: 1.18 • Texas Townhomes: 0.98 to 1.09 Town of Vail Community Development 10/19/10 Existing Allowable GRFA Ratio (plus 250's prior to 2004) • Vail Townhouses: 1.33 • Vail Row Houses: 1.16 to 1.43 • Vail Trails Chalet: 1.50 • Vail Trails East: 1.59 • Texas Townhomes: 1.20 to 1.41 Town of Vail Community Development 10/19/10 Existing Allowable GRFA Ratio (based upon built conditions) • Vail Townhouses: 1.13 • Vail Row Houses: 0.76 to 1.53 • Vail Trails Chalet: 1.27 • Vail Trails East: 1.32 • Texas Townhomes: 0.88 to 1.21 Town of Vail Community Development 10/19/10 Vail Village Townhouse (VVT) Zone District ..25 v5 1.K� GRFA Rdtl( Town of Vail Community Development Vail Townhouses, Vail Trails Chalets and Vail Trails East Lot Size 1.25 GRFA 1.35 GRFA Floor Area Increase (sq.ft.) Ratio Ratio Increase per Unit Vail 16,220 20,275 21,897 1,622 147 Townhouses (11 units) Vail Trails 18,644 23,305 25,169 1,864 98 Chalets (19 units) Vail Trails 20,735 • • 27,992 2,073 • East (25 Units) Io/ 19/2u 10 Town of Vail Community Development 10/19/10 • • in Lot Size 1.25 GRFA 1.35 GRFA Floor • • • • (sq.ft.) Increase • Lot 7 (2 units) 2 3,430 3,704 274 Lot 8 (2 units) 2,614 3,268 3,529 261 Lot 9 (1 unit) 2,396 2,995 3,235 240 Lot 10 (2 units) 2 2,831 3,058 227 Lot 11 (2 units) 2,309 2,886 3,117 231 Lot 12 (2 units) 2,919 3,649 3,941 292 Lot 13 (2 units) 5,750 7 7 575 • 10 -3 -8 Lot • • • • • • Increase AL • • Lot 1(1 unit) 2,309 2,886 3,117 231 Lot 2 (2 units) 2,352 2,940 3,175 235 Lot 3 (1 units) 2,309 2,886 3,117 231 Lot 4 (2 units) 2,352 2,940 3,175 235 Lot 5 (2 units) 2,352 2,940 3,175 235 Lot 6 (2 units) 2,352 2,940 3,175 235 Lot 7 (2 units) 2,352 2,940 3,175 235 Lots 8 & 9 3,920 4,900 5,292 392 (2 units) Town of Vail Community Development r 10 10 -3 -9 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 19, 2010 ITEM /TOPIC: Resolution 23, Series of 2010, a resolution amending Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub -Area ( #6) to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. PRESENTER(S): Bill Gibson, Planner and Dominic Mauriello, Mauriello Planning Group ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Resolution 23, Series of 2010. BACKGROUND: On October 5, 2010 the Vail Town Council tabled the final decision on Resolution 23, Series of 2010 to coincide with the second reading of the related Ordinance No. 15, Series of 2010. STAFF RECOMMENDATION: On August 23, 2010 the Planning and Environmental Commission forwarded a recommendation of approval to the Town Council for Resolution No. 23, Series of 2010, a resolution amending Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub -Area ( #6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. ATTACHMENTS: Resolution No. 23 10/19/2010 RESOLUTION NO. 23 Series of 2010 A RESOLUTION AMENDING CHAPTER VII, VAIL VILLAGE SUB - AREAS, EAST GORE CREEK SUB -AREA ( #6), VAIL VILLAGE MASTER PLAN TO INCLUDE RECOMMENDATIONS RELATED TO A NEW VAIL VILLAGE TOWNHOUSE (WT) DISTRICT, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter VIII, Implementation and Amendment, Vail Village Master Plan, sets forth the procedures for amending the Town's Zoning Regulations; and, WHEREAS, the adoption of the Vail Village Townhouse (VVT) District necessitates associated updates to the Vail Village Master Plan; and, WHEREAS, on August 23, 2010 the Town of Vail Planning and Environmental Commission held a public hearing on the application to amend the Town's Zoning Regulations and establish the Vail Village Townhouse District and associated amendments to the Vail Village Master Plan; and, WHEREAS, the Town of Vail Planning and Environmental Commission forwarded a recommendation of approval, with modifications, of the proposed Vail Village Master Plan amendments to the Vail Town Council by a vote of 5 -0 -1; and, WHEREAS, the Vail Town Council finds and determines that the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and, WHEREAS, the Vail Town Council finds and determines that the amendment to the Vail Village Master Plan furthers the general and specific purposes of the plan; and, WHEREAS, the Vail Town Council finds and determines that the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: SECTION 1. Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub -Area ( #6), Vail Village Master Plan, is hereby amended in part as follows (text to be deleted is in stF text that is to be added is bold, and sections of text that are not amended have been omitted): EAST GORE CREEK SUB AREA ( #6) A number of the earliest projects developed in Vail are located in the East Gore Creek Sub -Area. Development in this area is exclusively multi - family condominium and townhouse projects with a very limited amount of support commercial. Surface parking is found at each site, which creates a very dominant visual impression of the sub -area. While the level of development in East Gore Creek is generally greater than that allowed under existing zoning, this area has the potential to absorb density without 1 10/19/2010 11 -1 -1 compromising the character of the Village. This development could be accommodated by partial infills of existing parking areas balanced by greenspace additions or through increasing the height of existing buildings (generally one story over existing heights). In order to maintain the architectural continuity of projects, additional density should be considered only in conjunction with the comprehensive redevelopment of condominium projects or redevelopment of individual townhouse units. There are several townhouse projects within this subarea which were platted and /or constructed under Eagle County jurisdiction. These townhouse projects are nonconforming with the many of development standards (including, but not limited to density, GRFA, setbacks, site coverage, landscape area) of the High Density Multiple Family (HDMF) District. It is recommended that greater flexibility with the development standards may be necessary to allow these townhouse projects to redevelop. This flexibility may be achieved through the approval of variances or the rezoning to the Vail Village Townhouse (VVT) District. However, the granting of variances or the rezoning to a townhouse zone district should consider potential impacts to the character of the neighborhood. Clearly, one of the main objectives to consider in the redevelopment of any property should be to improve existing parking facilities. This includes satisfying parking demands for existing and additional development °. Nell as d eS i g R 000ci`Jora+ionc releti tO Fedev°'�Tee+ FOPE) . The opportunity to introduce below grade structured parking will greatly improve pedestrianization and landscape features in this area. This should be considered a goal of any redevelopment proposal in this sub -area. Development or redevelopment of this sub -area may wi4 attract additional traffic and population into this area and may have significant impacts upon portions of Sub -Areas 7 and 10. #6 -1 °° °i,_or+i Ir,fi1' Texas Townhomes/Vail Trails ddi4ioo_1 floor or ro6;i`Joo4i_1 deVelOpMeRt nvor M4h_4 is oviStiRg 4rlrlitinn -al density W ho GGRG GRIP OR nr\N 1RGti9 Yniith -A G9F:RProheR6iVe Fede elOpMeRt of eanh PFe}eet To encourage redevelopment, the Vail Village Townhouse (VVT) District was established to grant additional gross residential floor area over what was allowed under High Density Multiple Family (HDMF) District zoning. A key factor in the redevelopment of these properties will be to relocate required parking in underground structures or a single unified structure serving all adjacent properties. This will allow for increased landscaping and overall improvements to pedestrian ways to create a park -like setting on the surface in this area. An initial eave height along the south elevation of the buildings should be at 35' in height or less. The intent of this is to maintain the existing character of the neighborhood, with the appearance of 2 -3 story buildings along the front elevation. In all cases, the mature pines along Gore Creek shall be maintained. Stream impact must be considered. Special emphasis on 1.2, 2.3, 2.6, 3.1, 5.1, 6.2. #6 -2 Manor Vail Possible residential infill on portions of existing surface parking area and additional floor to the two northern most buildings adjacent to Gore Creek. Infill project must include addition of greenspace adjacent to East Mill Creek and other adjoining pedestrian areas. Height of structure shall be limited to prevent impacts on view to the Gore Range from Village core and Vail Valley Drive. Present and future parking demand to be met on site. Traffic considerations must be addressed. Special 2 10/19/2010 11 -1 -2 emphasis on 1.2, 2.3, 2.6, 3.1, 4.1, 5.1, 6.1 #6 -3 Vail Row Houses To encourage redevelopment, the Vail Village Townhouse (WT) District was established to grant additional gross residential floor area over what was allowed under High Density Multiple Family (HDMF) District zoning. It is recognized as not being practical to require subsurface parking in this area due to the limited site area, and the impact of individual units constructing garages could have on the appearance and character of the area. As a result, it is recommended that enclosed parking be considered on a case -by -case basis, and may be limited to single -car garages (with the depth to allow for tandem parking when possible). When possible, driveway widths shall be minimized and increased areas for landscaping should be considered. Surface parking should be improved when redevelopment occurs using high quality landscape paver treatments and the current post and chain parking delineation should be replaced with other methods to identify private parking. An initial eave height along the south elevation of the buildings should be at 35' in height or less. The intent of this is to maintain the existing character of the neighborhood, with the appearance of 2 -3 story buildings along the front elevation. Improvements to the Gore Creek stream corridor, consistent with Town policies, should be considered with redevelopment applications. Special emphasis on 1.2, 2.3, 2.6, 3.1, 5.1, 6.2. ACl't ci 7 qq A + 11..3 { 41 b IIII l EAST GREEK INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 19th day of October, 2010. Richard D. Cleveland, Mayor of the Town of Vail, Colorado ATTEST: Lorelei Donaldson, Town Clerk 3 10/19/2010 11 -1 -3