HomeMy WebLinkAbout2011-06-21 Agenda and Support Documentation Town Council Evening Session VAIL TOWN COUNCIL
EVENING SESSION AGENDA TOWN OF M��
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
6:00 P.M., JUNE 21, 2011
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: Consent Agenda:
1) Approval of May 3, 2011 and May 17, 2011 meeting minutes. (5 min. )
PRESENTER(S): Various
3. ITEM /TOPIC: Town Manager Report (15 min.)
PRESENTER(S): Various
4. ITEM /TOPIC: Award of contract for replacement of Aspen Court Recreation
Path Bridge. (10 minutes)
PRESENTER(S): Todd Oppenheimer
ACTION REQUESTED OF COUNCIL: Staff is requesting council to direct
the town manager to enter into a contract for the replacement of the Aspen
Court Recreation Path Bridge to Ted Ssipel Construction, Inc. in the amount
of $333,374.00
BACKGROUND: The Aspen Court Recreation Path Bridge was damaged
by the record high water levels during the 2010 spring run off. The
engineering firm of Martin and Martin was hired to design a new bridge. The
plans and specifications for the new bridge were made available to bidders in
May 2011 with bids being opened on June 9, 2011. Four bidders
responded. Ted Seipel Construstion, Inc. was the low bidder with a bid of
$333,374 and has presented the necessary qualifications to complete the
project.
STAFF RECOMMENDATION: Staff recommends council direct the town
manager to enter into a construction contract with Ted Seipel Construction,
Inc. in the amount of $333,374.00 for the replacement of the Aspen Court
Recreation Path Bridge.
5. ITEM /TOPIC: Second Reading of Ordinance No. 10, Series of 2011,
amending 12 -13 -5: Employee Housing Deed Restriction Exchange
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Program, Vail Town Code, to allow for two new methods of exchange
including a full fee -in -lieu option and a deed restriction relocation option. (5
Minutes)
PRESENTER(S): Nina Timm
ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 10, Series of
2011 on second reading.
BACKGROUND: At the March 1 and again at the April 12, 2011 Vail Local
Housing Authority (VLHA) meetings the VLHA unanimously recommended
adopting the proposed amendments to the Employee Housing Deed
Restriction Exchange Program. At the April 25, 2011 Planning and
Environmental Commission (PEC) hearing the PEC voted 6 -1 (Pratt) to
forward a recommendation of approval on the proposed amendments to the
Town of Vail's Employee Housing Deed Restriction Exchange Program.
At the June 7, 2011 Vail Town Council meeting the Town Council voted 7 -0
to approved Ordinance No. 10, Series of 2011 on first reading with the
correction noted in new paragraph No. 4. The correction has been made for
second reading.
STAFF RECOMMENDATION: Approve Ordinance No. 10, Series of 2011
on second reading.
6.
ITEM /TOPIC: This work session will focus on providing answers to
questions raised at he June 7, 2011 public hearing whihch focused on
the provision of meeting space, employee housing, hot beds, and
office space within the proposed Ever Vail development. This
memorandum is intended to further the understanding of these elements of
the Ever Vail development which are included in the proposed Resolution
No. 6, Series of 2011 amendments.
Lionshead Redevelopment Master Plan (Resolution No. 6, Series of
2011):
A request for a recommendation to the Vail Town Council for an
amendment to the Lionshead Redevelopment Master Plan, pursuant to
Section 2.8, Adoption and Amendment of the Master Plan, Lionshead
Redevelopment Master Plan, to amend the detailed plan
recommendations for West Lionshead (Ever Vail), and setting forth
details in regard thereto. (PEC 110002)
Major Subdivision:
A request for a review of a preliminary plan for a major subdivision, pursuant
to Chapter 13 -3, Major Subdivision, Vail Town Code, to allow for the creation
of two lots for the redevelopment of the properties known as Ever Vail (West
Lionshead), located at 862, 923, 934, 953, 1000 and 1031 South Frontage
Road West, and the South Frontage Road West right -of- way /unplatted (a
complete legal description is available for inspection at the Town of Vail
Community Development Department), and setting forth details in regard
thereto. (PEC080062)
Rezoning (Ordinance No. 7, Series of 2011y
A request for a recommendation to the Vail Town Council for a zone district
boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town
Code, to allow for a establish Lionshead Mixed Use 2 District zoning on
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Parcels 1 and 2 of the Ever Vail Subdivision located generally at 862, 923,
934, 953, 1000, and 1031 South Frontage Road, and the South Frontage
Road rig ht -of- way /unplatted (a complete legal description is available for
inspection at the Town of Vail Community Development Department), and
setting forth details in regard thereto. (PEC080061)
Special Development District Amendment (Ordinance No. 8, Series of l y.
A request for a recommendation to the Vail Town Council for a major
amendment to Special Development District No. 4, Cascade Village,
pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to
allow for the removal of Development Area D (Glen Lyon Office Building)
from Special Development District No. 4, Cascade Village, and for a zone
district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail
Town Code, to include the subject property in the Lionshead Mixed Use 2
District, located at 1000 South Frontage Road West /Lot 54, Glen Lyon
Subdivison, and setting forth details in regard thereto. (PEC090036)
Title 12, Zoning Regulations, Vail Town Code, Amendment ( Ordinance No.
9, Series of 2011):
A request for a final recommendation to the Vail Town Council for prescribed
regulation amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town
Code, to amend Section 12- 10 -19, Core Areas Identified, Vail Town Code, to
amend the core area parking maps to include "Ever Vail" (West Lionshead)
within the "Commercial Core" designation, and setting forth details in regard
thereto. (PEC080065) (40 min.)
PRESENTER(S): Vail Resorts Development Company and Warren
Campbell
ACTION REQUESTED OF COUNCIL: The Community Development
Department requests the Vail Town Council continue the Major Subdivision,
Ordinance No. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of
2011 to the July 5, 2011 public hearing.
BACKGROUND: Lionshead Redevelopment Master Plan: On January
24, 2011, the Planning and Environmental Commission forwarded a
recommendation of approval, with conditions, for proposed
amendments to the Lionshead Redevelopment Master Plan, by a vote
of 3 -1 -2 (Rediker opposed, Viele and Cartin recused).
Major Subdivision: On January 10, 2011, the Planning and Environmental
Commission forwarded a recommendation of approval, with conditions, on
the preliminary plan for the major subdivision to establish Parcels 1 and 2 of
the Ever Vail Subdivision, by a vote of 5 -0 -2 ( Viele and Cartin recused).
Rezoning: On January 10, 2011, the Planning and Environmental
Commission forwarded a recommendation of approval, with conditions, for a
zone district boundary amendment to establish Lionshead Mixed Use 2
District zoning on Parcels 1 and 2 of the Ever Vail Subdivision, by a vote of
5 -0 -2 ( Viele and Cartin recused).
Special Development District Amendment: On January 24, 2011, the
Planning and Environmental Commission forwarded a recommendation of
approval, with conditions, for a major amendment to Special Development
District (SDD) No. 4, Cascade Village, to remove the Glen Lyon Office
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Building from the SDD in order for it to be incorporated into the Ever Vail
Subdivision, by a vote of 4 -0 -2 (Viele and Cartin recused).
Title 12, Zoning Regulations, Vail Town Code, Amendment: On January 11,
2010, the Planning and Environmental Commission forwarded a
recommendation of approval, with conditions, for a prescribed regulations
amendment to Section 12- 10 -19, Core Areas Identified, Vail Town Code, by
a vote of 4 -0 -2 (Viele and Cartin recused).
STAFF RECOMMENDATION: The Community Development Department
recommends the Vail Town Council continue the public hearing on the
request for the Major Subdivision, Ordinance No. 7, 8, and 9, Series of 2011,
and Resolution No. 6, Series of 2011 to the July 5, 2011 public hearing.
7. ITEM /TOPIC: Adjournment (7:30 p.m.)
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TOWN OF VA1 0
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 21, 2011
ITEM /TOPIC: Consent Agenda:
1) Approval of May 3, 2011 and May 17, 2011 meeting minutes.
PRESENTER(S): Various
ATTACHMENTS:
May 3, 2011 Council Meeting Minutes
May 17, 2011 Council Minutes
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Vail Town Council Meeting Minutes
Tuesday, May 3, 2011
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00
P.M. by Mayor Dick Cleveland.
Members present: Dick Cleveland, Mayor
Andy Daly
Kerry Donovan
Kevin Foley
Kim Newbury
Margaret Rogers
Susie Tjossem
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation. Darrell Bangert, with Sage
Outdoor Adventures, asked that Segway vehicle use be extended in the Town of Vail.
He also requested staff check into adding steps near the Ritz in Lionshead to allow for
access in and out of Gore Creek for rafting purposes.
Jim Lamont, representing the Vail Homeowners Association (VHA), said his membership
wants some kind of communication system in place to notify residents of flooding
issues.
The second item on the agenda was the Consent Agenda:
The first consent agenda item was approval of Resolution No. 8, Series of 2011, and an
Intergovernmental Agreement (IGA) between the Town of Vail, Town of Avon, Town of
Eagle and Eagle County on behalf of the Eagle County Sheriff's Department for the
continued operation of a joint special operations unit.
Rogers made a motion to approve Resolution No. 8, Series of 2011; and the motion was
seconded by Daly. A vote was taken and the motion passed, 7 -0.
The second consent agenda item was approval of Proclamation No. 2, Series of 2011,
Building Safety Month. Tjossem read the proclamation into the record.
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Foley made a motion to approve the Building Safety Month Proclamation and the
motion was seconded by Daly. A vote was taken and the motion passed, 7 -0.
Foley encouraged the community to join in the Town Clean Up Day on Friday, May 6.
The third item on the agenda was the Town Manager Report:
Kathleen Halloran, Budget Manager, stated the March 2011 sales tax returns were
estimated to be $3,135,065, up 17.5% from budget and 16.8% from last year. The ski
season was up 12.3% from last year and inflation, as measured by the Consumer Price
Index, was up 2.7% in March. She stated the Real Estate Transfer Tax (RETT)
collections through April 27, 2011, were $1,476,527, up 3.4% from this time last year.
Over 40% of the total RETT was from major redevelopment projects. Collections not
related to major development projects currently total $884,942, down 3.1% from this
time last year.
The parking revenue pass sales total for the winter season was down 5.1% or $768,717
compared to the prior season. Daily sales for the season were $3,590,325, down
12.1% compared to the prior season. Parking transactions, not including pass usage,
for Vail Village was up 4.7% and down in Lionshead by 3.8 %. Halloran stated the
town's current debt was $4 million and the town will be debt free in 2013. She said the
parking season pass sales transactions fluctuated as well; 811 passes were sold this
winter, down 7.6% from the prior season. The number of value cards increased by
75 %, due to the inclusion of Eagle County residents. The number of value cards sold to
Vail residents increased by 48.8 %.
Daly asked how sales tax was doing compared to the budget. Halloran stated that
currently the March figures are up 17.5% from budget and year -to -date from January
through March, the town is up 13.5% over budget.
The fourth item on the agenda was a report from the Vail Valley Medical Center
(VVMC) and the Steadman clinic.
Dr. Steadman started the presentation by giving a brief history between the VVMC and
the town. Mike Egan, Chief Executive Officer of the Steadman /Philippon Institute on
behalf of the institute and the VVMC, asked the Council to enter into a partnership and
continue to help the hospital and institute fulfill their mission. Steadman said he
originally brought five people with him twenty one years ago and now there are more
than 124 people in his clinic. Dr. Mark Philippon left a good practice in Pittsburgh to
join him here in Vail to help get the future succession in place. Dr Philippon stated he
became a United States citizen last August. He said innovation and collaboration is
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important to provide each patient with the best medicine available. He said the clinic's
main focus was sports medicine and collaboration between all parties would be
beneficial to the local community as well as the worldwide community.
Doris Kirshner, Chief Executive Officer of the VVMC, spoke to the Council about the
benefits of the partnership between the VVMC and the Steadman group. She stated
the VVMC is a 501(C) 3 nonprofit group and they have grown from 1990 to 2010 from
$12.7 million to $203.5 million, and from 138 full time employees to 634 full time
employees. A PowerPoint presentation attached to the packet was presented and
discussed. Mike Egan explained that 95% of their practices are made up of destination
patients and their vision is to become the premier practice. Their technological work
has world wide recognition. They teach what they learn, present and publish. The goal
is to attract world class physicians, researchers and scientists. They need a world class
facility includes an education component and conference facilities.
Steven Reid, a Vail Homeowner and hospital board member, stated Steadman has put
him together 4 or 5 times. He said the benefits of a wellness based research center in
Vail could add $50 -80 million to the town. The economic impact analysis states it could
be one billion if they stay the same, but they believe they can double that impact and
grow their reputation. The realization of a partnership will allow them to attract world -
renown physicians, new businesses, increase destination patients and medical tourism.
Rogers asked of the 95% that are destination patients, is this seasonal? Reid stated
they have unique, international practices and are booked year around. Tjossem asked
if they were asking for the $9.4 million from the conference center funds. Egan said
they have been talking about having medical conference centers and with an adequate
facility, it could draw tourism to Vail. This is in the preliminary stages of the talks.
Steadman said since they moved here 21 years ago, the support has been great and
the hospital has really stepped up. He thanked Vail for their support. They have had
the most successful growth in their field. The vision that was started will continue as
long as collaboration continues.
Paula Fischer, a local realtor, asked out of the 95% of the destination patients who
come here, how long do they stay. Philippon stated someone from Istanbul coming for
a hip replacement will be here for six weeks. He said most patients stay five to seven
days minimum. He said they could be longer but they are under prepared. He said the
infrastructure could be better.
Matt Erlick, Ophthalmologist with VVMC, wanted to know more about the expansion of
the rest of the VVMC, not just the Steadman portion. He said a strategic planning
process includes an aging population and other services.
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John Schlecter says his company is planning to bring a thousand surgeons to Vail for a
conference. Vail has the world's leaders in orthopedics here. Dick Cleveland said the
next steps are for the town to see a proposal to more formally explore possibilities.
This will be exploratory only, although the synergy between organizations will be
beneficial.
A five minute break was taken at 6:50 p.m.
The fifth item on the agenda was a request to proceed through the development
review process with a proposal to re- construct and maintain existing private
improvements (stairs and deck) on the Town of Vail owned Gore Creek stream tract,
Tract A, Vail Village Filing No. 5, generally located adjacent to the Vail Trails East
Condominiums at 433 Gore Creek Drive.
Bill Gibson, Planner, stated this is a request to proceed through the development review
process regarding an existing staircase in an existing condominium complex where the
stairs are on town property. He gave a brief history of this property and stated the
background information didn't get attached to the agenda.
Daly made a motion to table this item because there were no attachments, to the May
17 2011, evening meeting, including a site visit, and the motion was seconded by
Foley.
A vote was taken and the motion passed unanimously, 7 -0.
The sixth item on the agenda was a review of the proposed Lionshead Redevelopment
Master Plan amendments to facilitate the Ever Vail project. Focus was placed upon the
Master Plan recommendations with regard to parking.
Warren Campbell, Community Development, stated the five actions taken by the PEC.
He said clear direction is needed on several aspects of the project. Campbell discussed
the view corridors in Chapter 4, amendments in Chapter 5 regarding Ever Vail, land
uses, broader topics highlighted were no net loss of parking, formalizing numbers,
proposed location of three new view corridors and the need for commercial space.
Greg Hall, Public Works Director, summarized the public parking needs and how Ever
Vail can help ease some of the parking needs of the town. He reviewed the Lionshead
Redevelopment Master Plan and the Vail Transportation Master Plan and Ever Vail
proposed parking spaces.
Campbell went over the No Net Loss Policy and proposed language.
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Cleveland said staff has been monitoring and keeping track of the parking needs over
the years.
Dominic Mauriello, Vail Resorts, Inc.'s (VRI) representative, stated there are typos in
the presentation and West Lionshead and Ever Vail are interchangeable. He explained
the Lionshead Redevelopment Master Plan (LHRMP) parking and said the no net loss
policy has been tracked for many years. He said the North Day Lot and West Day lot
were specifically mentioned in the master plan but the Holy Cross lot was included as
well. He reviewed the slide presentation on parking and where it is today and how Ever
Vail satisfies the parking requirements and what types of spaces are available and how
it supplies parking needs.
Newbury thanked Mauriello and staff on the parking explanations as it made it clearer.
Tjossem concurred. Additional questions and discussion ensued regarding the total
number of parking spaces required. Rogers is concerned the town's requirements need
to be protected and brought up in this process. Ruther said staff has duly noted that
and will make sure they have done studies to verify the required proposed parking
spaces are correct.
Mauriello said the 400 parking spaces will be for the lift and deficiencies of off - street
parking. Rogers is concerned as there are conflicts within the resolution and master
plan language.
Ruther suggested staff will come back with more information.
Cleveland asked if 400 spaces are adequate.
Zemler suggested the applicant and staff bring back how the 400 parking spaces were
derived and do an analysis of the location of parking locations and master plan items
and future opportunities at the next meeting on May 17, 2011. He suggested Council
continue this item to the next meeting.
Cleveland asked for public comment. Rick Andrews, project manager for PCL, said they
needed to address an issue of parking. He said during the construction of the Ritz, they
pulled 300 cars off the streets to park down valley and minimize construction parking
with fifteen 15- people vans. He said there seems to be a perception that large
contractors want to move in and move out. He said that's not true and said most are
active participants of the community.
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Chupa Nelson, with R.A. Nelson, said he thinks VRI has met the requirements of the
master plan. He said the choice is to use the master plan as is or change it. He said to
go with the 400 spaces as it's more than what the town has now.
Ty Stockton, a 20 -year resident of Vail, said he is excited to see the renewed
excitement of people coming to Vail. He has concerns about the parking.
Foley made a motion to continue all Ever Vail items to the May 17, 2011, meeting and
Donovan seconded the motion. A vote was taken and passed 7 -0.
A five minute break was taken at 9:19 p.m. Newbury left early due to illness.
The seventh item on the agenda was first reading of Ordinance No. 12, Series of 2011,
an ordinance extending amendments to Chapter 11 -7, other signs, sign regulations of
the Vail Town Code, to establish regulations for information and directional signs for
public parking on private property, and allowing the administrator to approve said signs
subject to September 6, 2011, and setting forth details in regard thereto.
George Ruther, Community Development Director, stated the Council approved
Ordinance No. 2, Series of 2011 as an emergency ordinance and Ordinance No. 12,
2011, is intended to extend the effective date of that ordinance from May 3, 2011, to
September 6, 2011. No other changes to the regulations are proposed. He said the
Solaris property owners are in support of this regulation. Tjossem said the town is
getting into the season when the town parking is free and the private parking is paid.
Ruther said one of the requirements is to have signage.
Foley made a motion to approve on first reading, Ordinance No. 12, 2011, and the
motion was seconded by Donovan. Daly said he would like language added addressing
reports on a monthly and daily basis from the managers on the utilization of the private
parking garages so the Council can understand the impact of private parking on the
town.
Mire said both amendments can be made prior to second reading. Tjossem asked if the
parking garages need to advertise the cost in the summer time. Further discussion
ensued about free parking at the Vail Transportation Center (VTC) and Solaris. Ruther
said amending the regulation would make the sign legally nonconforming. Rogers said
during periods of time when the town offers free parking, and the private parking is
paid, they need to have a sandwich board stating what their rates are all the time.
Ruther said Solaris currently doesn't have to put out a sign, but this ordinance will have
Solaris do this. Zemler asked when the variable message signs are out in the median.
Hall said they will be up in one month. Mire said the town doesn't have the right to
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force Solaris to advertise his rates. Tjossem asked how the town work can with the
private entities so we don't confuse our guests.
Foley made a motion to approve the ordinance as read, Rogers seconded the motion.
A vote was taken and passed, 5 -1, Donovan opposed.
The eighth item on the agenda was second reading of Ordinance No. 5, Series of
2011, an ordinance amending Section 14 -10 -5, building materials and design, Vail Town
Code, pursuant to Section 14 -1 -3, Administration of Standards, for changes to the solar
energy device regulations, and setting forth details in regard thereto.
Kristen Bertuglia, said the modifications and amendments as requested at the last
meeting were added to the ordinance.
Rogers made a motion to approve on second reading and the motion was seconded by
Tjossem. A vote was taken and the motion passed, 5 -1, Cleveland opposed.
The ninth item on the agenda was second reading of Ordinance No. 11, Series of
2011, an ordinance authorizing a ten foot wide utility easement along the common
property line between Parcel A and Parcel B, a re- subdivision of Tract D, a re-
subdivision of Vail Das Schone Filing No. 1, a re- subdivision of Parcel A and Parcel B,
Town of Vail, County of Eagle, State of Colorado; and setting forth details in regard
thereto.
George Ruther, Community Development Director, stated this ordinance allows for a ten
foot wide utility easement to allow Comcast to be in the easement at the West Vail Fire
Station.
Daly made a motion to approve on second reading and the motion was seconded by
Tjossem. A vote was taken and the motion passed, 6 -0.
The tenth item on the agenda was a continuance of the 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.
George Ruther stated the applicant requested a continuance of this item to the next
meeting.
Daly made a motion to continue this item and the motion was seconded by Tjossem. A
vote was taken and the motion passed, 5 -1, Foley opposed.
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The eleventh item on the agenda was a continuance of Resolution No. 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.
Daly made a motion to continue this item to the next meeting, and the motion was
seconded by Tjossem. A vote was taken and the motion passed, 5 -1, Foley opposed.
The twelfth item on the agenda was adjournment.
Foley made a motion to adjourn, and the motion was seconded by Donovan. A vote
was taken and the motion passed unanimously, 6 -0. The meeting adjourned at 9:50
p.m.
Respectfully submitted,
Dick Cleveland, Mayor
Attest:
Lorelei Donaldson, Town Clerk
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Vail Town Council Meeting Minutes
Tuesday, May 17, 2011
4:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 4:00
P.M. by Mayor Dick Cleveland.
Members present: Dick Cleveland, Mayor
Andy Daly
Kerry Donovan
Kim Newbury
Margaret Rogers
Susie Tjossem
Members absent: Kevin Foley
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
The first item on the agenda was the Consent Agenda:
1) Approval of the April 4, 2011; and April 19, 2011, meeting minutes; and
2) Approval of the Community Gardens Agreement
Daly made a motion to approve the consent agenda and the motion was seconded by Tjossem.
A vote was taken and the motion passed 5 -0. Rogers was not present at this time.
The seconded item on the agenda was the Town Manager Report.
Nina Timm, Housing Coordinator, informed the Council the Arosa Duplex, Units A & B were
awarded the LEED's Certification. Dave Mentz, one of the owners, said the process went
smoothly and commended all parties in getting this done. He thanked the Council for the
opportunity to own their own home in Vail. David Viele, with Viele Construction, said thanks to
all involved for having this project be the first LEED's certified building in Vail.
The third item on the agenda were the appointments of the applicants for the Local Licensing
Authority (LLA) and Vail Local Housing Authority (VLHA) vacancy appointments.
Dick Cleveland stated the applicants were interviewed at the work session. The Council voted
for three applicants to fill three vacancies for two year terms each on the LLA and two applicants
for two vacancies on the VLHA; one for a five -year term to May 31, 2016, and one to fill a
vacancy which term ends May 31, 2014.
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Newbury made a motion to appoint Jill Alfond, Ted Steers and Jamie Garrett to the LLA for two
year terms each, ending May 31, 2013; and the motion was seconded by Daly. A vote was
taken and the motion passed unanimously, 5 -0.
Newbury stated the vacancy to appoint an applicant to replace Mark Ristow's vacancy was a
five -year term and Ethan Moore's position was for a three -year term to fill this vacancy as he no
longer met the qualifications to serve on the board. Newbury thanked both Ristow and Moore
for their years of service to the town.
Newbury made a motion to appoint Mary McDougall to a five -year term to the VLHA, which term
ends May 31, 2016; and John Rediker to the VLHA to fill a vacancy which term ends May 31,
2014, and the motion was seconded by Daly. A vote was taken and the motion passed
unanimously, 5 -0.
Rogers joined the meeting at 4:28 p.m.
The fourth item on the agenda was first reading of Ordinance No. 13, Series of 2011, An
Ordinance Defining Electronic Personal Assistive Mobility Device ( "EPAMD "); Establishing
Regulations Regarding he Operation of Such Devices in the Town of Vail; and Setting Forth
Details in Regard Thereto.
Matt Mire, Town Attorney, stated Electronic Personal Assistive Mobility Devices ( "EPAMD ")
have been operating in the town on a trial basis since June of 2009, and the Council now
wished to permit the operation of EPAMD'S on a permanent basis. Pursuant to Colorado law
this ordinance is required to permit the operation of EPAMD's over and upon the Town's
recreation paths.
Daly made a motion to approve on first reading, with the amendment of elimination of Section
Nine, and the correction of a typographical error on the second reading of the ordinance, and
Donovan seconded the motion. A vote was taken and the motion passed unanimously, 6 -0.
The fifth item on the agenda was second reading of Ordinance No. 12, Series of 2011, an
Ordinance Extending Amendments to Chapter 11 -7, Other Signs, Sign Regulations, Vail Town
Code, to Establish Regulations for Informational and Directional Signs for Public Parking on
Private Property and Allowing the Administrator to Approve Said Signs Subject, to September 6,
2011, and Setting Forth Details in Regard Thereto.
George Ruther, Community Development Director, stated Ordinance No. 12, Series of 2011, is
intended to extend the effective date of Ordinance No. 2, Series of 2011, from May 3, 2011 until
September 6, 2011. No other change to the regulations is proposed. Extending the effective
date for an additional 125 days allows the town to explore opportunities for incorporating the
parking sign regulations into a larger signage and wayfinding initiative currently underway.
Daly made a motion to extend Ordinance No. 12, to November 21, 2011, and the motion was
seconded by Newbury. A vote was taken and the motion passed unanimously, 6 -0.
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The sixth item on the agenda was Resolution No. 9, Series of 2011, A Resolution Approving an
Intergovernmental Agreement (IGA) between the Town of Vail and the Roaring Fork
Transportation Authority; and Setting Forth Details in Regard Thereto.
Todd Scholl, Public Works Fleet Manager, stated per the vehicle plan, buses are to be replaced
every twelve years. The town purchased six buses last year. In 2009, the Roaring Fork Transit
Authority (the "RFTA ") had a bid and award to purchase two hybrid buses. The Town of Vail
(the "Town ") had a budget for the purchase of two buses in 2011. The town would like to enter
into an agreement with RFTA to utilize RFTA's bid and award to purchase the town's two buses
at the same or similar terms. The agreement would not require the town to purchase any bus
equipment. He requested the Council approve the IGA, and authorize the Town Manager to
sign an IGA with the Roaring Fork Transportation Authority in a form approved by the Town
Attorney.
Rogers asked if staff has looked into natural gas buses. Scholl said yes, however, there are
issues with high altitude natural gas, as well as other issues. Pumps, compressors and the bus
facilities changes to incorporate natural gas would require a lot of additional funding. Scholl
stated the town began purchasing hybrid buses in 2006.
Daly said there was an article in the Wall Street Journal that stated natural gas is running at this
altitude. Scholl said the RTD bus system in Denver is having issues at their altitude, which is
5,180 feet above sea level. The town is at a much higher altitude at 8,150 feet. Daly said this
topic deserves more research and information. Scholl said the turbo charges are an issue as
well. Cleveland stated the town staff has already researched this in depth in the past and there
are substantial costs to initially get in the infrastructure costs of beginning to use natural gas.
Newbury made a motion to approve Resolution No. 9, to approve the IGA, and authorize the
Town Manager to sign the IGA with the Roaring Fork Transportation Authority in a form
approved by the town attorney and the motion was seconded by Tjossem. A vote was taken
and the motion passed, 4 -2. Daly and Rogers opposed.
The seventh item on the agenda was a discussion to purchase two hybrid electric buses from
Gillig Corporation.
Todd Scholl, Public Works Fleet Manager, said the Town Council is being asked to authorize
the Town Manager to enter into an agreement in a form approved by the Town Attorney. He
said the Town has $1,203,400 budgeted in the 2011 capital budget to replace two 1999
Neoplan low floor buses for the in -town shuttle with two hybrid low floor buses. Replacing these
two older buses with hybrids will give us a total of ten hybrid buses for the in -town shuttle. The
next hybrid bus purchase would not be until we replace the original hybrid in 2018. With the
Council approval of Resolution No. 9, the town would need to enter into an agreement with Gillig
Corporation for the purchase of the two low floor hybrid buses that the intergovernmental
agreement authorizes.
Newbury made a motion to authorize the Town Manager to enter into an agreement in a form
approved by the Town Attorney for the purchase of two hybrid electric buses from Gillig
Corporation for a total of $1,203,400; and the motion was seconded by Donovan. A vote was
taken and the motion passed, 4 -2. Daly and Rogers opposed.
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The eighth item on the agenda was a request to release the Type 11 Employee Housing Unit
(EHU) Restrictive Covenant between Arthur and Judith Axelrod and the Town of Vail for their
property at 1977 Circle Drive, Lot 25, a Re- Subdivision of Buffehr Creek.
Cleveland stated for the record, he is recusing himself on this item as his wife represents the
applicant. Cleveland left the room during the discussion of this item.
George Ruther, Community Development Director, stated the Council is being asked to release
the deed restriction. In the memorandum, a Type 11 EHU is being asked to be released. Ruther
reviewed the details of the memorandum regarding this EHU request. There was an error by
staff in changing the deed restriction from Type I to Type 11. The said there was some
responsibility by the owner as well. The applicant went from a nonconforming to a conforming
lot during the process. He went through the options the Council could consider for releasing the
Type 11 EHU. Ruther said while researching this file, there is one other property in the town that
had this issue and has similar circumstances. Ruther said the original intent was to have two
free units on the property.
Kathy Langenwalter, Peel /Langenwalter Architects, representing Arthur and Judith Axelrod,
requested a release from their EHU agreement with the Town of Vail. She said the applicant
wants to expand the secondary unit. She reviewed the August 1999 memorandum. She said to
have two units, they need to have an EHU. She said when the applicant went through the
process, at the same time, the Planning and Environmental Commission (PEC) was looking at
changing the square footage on April 25, 2000. She said the final Design Review Board (DRB)
application was submitted on April 27, 2000, and approved on May 3, 2000, with the condition
being a Type 1 EHU. She said the condition of approval was inappropriately placed and it
should be lifted. Langenwalter said she was unaware of the other process at the time. Gibson
discovered the timeline error and that the EHU was not required at the time of DRB approval.
He said the Gross Residential Floor Area (GRFA) question came up and the existing GRFA is
100 square feet less than the single family would have been. He said this was just bad timing.
Langenwalter said it was a glitch in timing of the application and a mistake was made. Daly
asked Ruther if the DRB would have known about this issue. Ruther said no, the staff should
have caught this. He said a year prior to the final review, they went to consent approval and
then came back a year later. The DRB never re- reviewed the application because there were
no changes.
Daly said the EHU should stay in place, and Donovan agreed with Daly. Langenwalter said the
conceptual review happened and the reality of a Type I EHU is assigned when the property
doesn't meet the lot size. Langenwalter said if they have to have an EHU, it should be an EHU
Type I and not Type 11. Newbury clarified the applicant was sent the wrong EHU
documentation. Ruther said that was correct. Tjossem said the town needs to take
responsibility for our errors. Donovan said she doesn't want to strip away the EHU.
Langenwalter requested the applicant have the same rights as others did at the time of the
application, which was to have a secondary unit.
Rogers made a motion to release the Type 11 EHU with authorization from the town manager,
and the motion was seconded by Tjossem. A vote was taken and the motion passed, 3 -2, with
Daly and Donovan opposed.
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Newbury said she hates to lose an EHU but the applicant has a right to the release of this unit.
The ninth item on the agenda was a dinner break at 5:15 p.m. Daly made a motion to adjourn
for a dinner recess and the motion was seconded by Donovan. A vote was taken and passed
unanimously, 6 -0.
The meeting reconvened at 6:00 P.M.
The tenth item on the agenda was Citizen Participation.
Dwight Henninger, Vail Police Chief, stated there is a county wide tabletop exercise on
Thursday at Donovan Pavilion to go through a flood exercise and how the community will
respond county wide. Tjossem asked about a wildfire evacuation plan. Henninger said it was
on our website. If folks don't have a way to drive out, they can meet at the transportation center
to take a bus out. Cleveland thanked and acknowledged Tjossem for the flowers she provided
at the meeting this evening.
The eleventh item on the agenda was a public hearing on the proposed summer parking
management plan.
Cleveland stated the Colorado Department of Transportation (CDOT) has instituted a new
program for the summer. There will no longer be any free parking on the Frontage Roads as
costs and liability have begun to prohibit this practice.
Greg Hall, Public Works Director, discussed a proposed summer parking management plan
based similar to the town's winter parking plan where both parking structures fill prior to allowing
overflow parking to occur on the South Frontage Road. In the summer, based on how it was
managed, Ford Park would fill, then the overflow would move to the Village Transportation
Center (VTC), then on to the Lionshead Transportation Center (LTC).
Council directed staff to provide a plan on how the summer parking could be similar to winter
parking. The biggest concern was how to get transportation for guests from the LTC and VTC
to Ford Park.
Hall said that the Frontage Road was used 34 days last summer and seven days in the winter.
During the majority of the 34 days, there was available excess parking in the LTC. All the
Sunday Farmer's Market dates and during the Saturday of the Teva Mountain Games, the
Frontage Road has filled. In 2011, there are currently 41 paid parking days with four additional
potential paid parking days at Ford Park. The staff has calculated there are potentially 67 days
when the VTC can fill.
Hall stated that CDOT allows for parking on the Frontage Road if there is an emergency. He
asked when excess parking in the Lionshead parking structure is available, is parking on the
Frontage Road considered an emergency. He stated that if Council moves forward with a
managed summer parking plan, the plan should be implemented by the first weekend in June
for the Teva Mountain Games. He discussed some of the time frames for different special
events and how the town shuttles could run longer and more frequently. The in -town shuttle
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would be used for most events. They would have strong express shuttles with either a five
minute or eight minute frequency and the town would run more buses at the end of the special
events. In the past, the maximum overflow of cars parking on the Frontage Road was
approximately 200 cars. He believes the town's bus service can accommodate this. He said
with the town's parking structures, Ski Club Vail parking, Manor Vail parking, Solaris parking
and the Passport Club garages (most of the private garages and parking are paid parking), the
town could keep most of the overflow parking off the Frontage Road.
Hall stated the town may be running empty buses, but there would not be overflow parking onto
the Frontage Road. He said staff could budget for the days they need additional buses, have
additional signage for the parking garages, start placing the signs up the day before an event
begins and during the event. He said the cost for signage would be between $5,000 and
$10,000. In addition, the parking garages would have to be monitored and have hosts to direct
guests to the express buses. The staff also would need approximately $52,000 for 8 minute bus
service and $78,000 for 5 minute bus service. He said funding would also be needed for two
security people to keep people off the Frontage Road, as well as funding for a communication
plan, radio and website ads, brochures, working with event promoters and providers, etc. He
said the cost would be around $160,000 plus to implement. Hall stated the town staff is
committed to making the summer managed parking plan happen.
Tjossem asked if express service would go from the LTC directly to Ford Park. Hall said it
would begin at the LTC, stop at the VTC and then go directly to Ford Park; for a total of three (3)
stops. In addition, the in -town bus provides service to Ford Park and the Ford Amphitheater via
Vail Valley Drive. The express bus would be on the Frontage Road. Rogers' main concern is
the buses leaving after an event and heading west bound and then having to enter into the VTC
turning left. Hall said staff would have to cone off certain areas and operate a dedicated bus
area and guest drop off. The town will have to make adjustments and improvements as the
process unfolds.
Tjossem asked about tennis player access to the Ford Park parking if it's a paid parking date.
Hall said everyone would pay on those dates, as they have in years past. Tjossem asked if
there will be an education timeframe to educate the guests. Zemler said staff is still discussing
this issue. Staff is concerned about first interactions with the Vail Police and Code Enforcement
Officers. The feedback he is getting is that if the town is implementing this program, just go
ahead and do it, as the Frontage Road is not a legal parking area already and folks aren't
supposed to park there. Cleveland asked if there will be staff or volunteers out at the Frontage
Road near Ford Park to tell people not to park on the Frontage Road. Zemler stated there
aren't enough people to inform everyone and staff can't intercept every person.
Hall said they could use private security with a vehicle, which would be an additional cost.
Tjossem stated the town needs to go over and above to make sure everyone does the best they
can as she wants to make sure the town is educating the guests and not making it a bad
experience for everyone.
Hall said there may be people that will still park on the Frontage Road. Tjossem suggested
valet parking. Hall said there weren't enough people to valet as people came to the park at the
same time. He said that the current cost of a parking ticket $26 per ticket.
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Ceil Folz, President of the Vail Valley Foundation (VVF) and Jen Mason, Manager of the Ford
Amphitheater, were asked what the impact would be on their events and how they feel about a
new structure. Folz stated on a survey they have done the number one issue is parking. She
said what is currently happening is a problem, but a longer term solution is what staff and
Council are proposing now. She said the Teva Mountain Games would be a good time to try
this new system. She thinks this new plan could be a good thing. Folz stated the Ford
Amphitheater events are more time sensitive. Bravo and the Vail International Dance Festival
start on time. She said if a Bravo concert starts at 6 p.m., a lot of folks come at 5:45 p.m. She
said if the new system is in place, but is not communicated well, there will be a lot of angry
people. She suggested a larger pedestrian /cart path. They could add more carts and more
bike racks at the park so people can bike there. She said Hot Summer Nights could be a test
time. She said if the town pulls the trigger on this program, do it hard, do it fast. She said to
work the kinks out and do this before Bravo and the Vail International Dance Festival begin.
Jen Mason said the number one complaint was accessibility to the amphitheater and this could
exacerbate the issue. She said it needs to be made more friendly and welcoming to guests.
She said the amphitheater doesn't have enough golf carts to move all the people. She said the
VVF is supportive but they want solutions that work so guests keep coming back. Bravo!
performing members are union and they have specific rules and times which are required as to
when they can perform and start their programs.
Tjossem said this goes back to the town testing and proving we can do this management plan.
Newbury said the guests are saying it's already a nightmare, and they don't have an express
bus to the park. She said don't assume the town will do a terrible job but that the town will
improve the guest experience. Parking in the VTC is easy. When guests know they need to get
to the LTC and where to catch the buses, this will make the process easier. She said the buses
need to practice moving 400 people to Ford Park.
Jeanne Reid -White with Bravo!, thanked the Council for paying attention to this issue. She has
lived and worked in Vail for 30 years. This will be Bravo's 24 Season and it opens with Ann
McDermott on June 26, 2011, and is free to the community. She said this concert will be a good
test for this program. She said summer is a completely different animal from winter. It is very
clear there are many different user groups. She asked to keep in mind that Bravo! only has 18
nights and the concerts begin right at 6 p.m. She said most of the overflow days are due to free
events that don't have structured parking such as the Farmer's Market. She stated their
organization has already mailed Bravo! tickets to over 1,000 people so far with the emphasis of
free parking at the VTC. They will include information on their website and research the parking
on the town's website. Staffing to greet guests and make sure the variable message signs
(VMS) are working is crucial. Educating the guests to park at the VTC and LTC and then Ford
Park is critical as well.
Newbury said the town can educate guests to use the express buses. Daly said a majority of
Bravo! patrons are less mobile and the need for paid, close -in parking becomes critical. Reid -
White said ADA parking spaces are in more demand. The town's ADA parking meets and
exceeds the federal requirements. She said Bravo patron parking has been a very valuable
fundraising tool. Valet parking is a possibility, if they can do 100 cars in 15 minutes. Cleveland
asked if Bravo! had looked at using Manor Vail paid parking. Reid -White said the complaints
are about crossing the wooden bridge into the lower bench of Ford Park. Their guests feel it is
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a little bit farther than from the upper bench of Ford Park. The path /road going down into the
lower bench has traffic on the path and access to the upper bench is important to them. She
said there are three six - passenger carts in operation at the Ford Amphitheater.
Jim Lamont, with the Vail Homeowners Association (VHA), said this is a complicated subject.
He said the VHA does not favor Frontage Road parking as parking on the street has never been
a permanent solution for this community. Secondly, this Council has spent hours more than
other Councils researching and analyzing the parking issues. Seeing the Council winnow down
to a series of approaches was very pragmatic and realistic to attain solutions. His said this
solution has long term merit. He said an investment in the infrastructure, expansion of the
number of carts, places to turn around for buses, and groups of people standing around need to
be addressed. Council needs to keep the community's feet to fire to have appropriate issues
addressed but they also need to give some time and latitude to give people time to change.
Daly suggested tabling this item to the next meeting and direct staff to meet and work through
details with additional community input. He said guest drop off and pickup at Ford Park needs
to be available. At the same time, the town needs to accommodate existing parking and have
bus movement through there with ease. He stated five minute intervals is a good place to start
and to look at the level of guest service staffing and bus crossover going westbound. Newbury
said she was not in favor of tabling this item. Tjossem said tabling this item will put it further
behind schedule and the town would lose testing this plan out at the Teva Mountain Games.
During the testing phase, keep announcing at the concerts to make sure the audience
understands the parking plan.
Rogers stated that the Teva Mountain Games are not being held in Ford Park and is not a good
test date. She said focusing on improving the guest experience is a key element. She said if
this is going to make it more difficult for guests and diminish the value of Bravo!, she is not in
favor of doing it. She said guests really need safe, secure bicycle parking as part of the plan.
Daly suggested Council make the decision to park on the Frontage Road if there are 400 people
waiting for a bus. He said the town needs to be able to take corrective action immediately as a
back up plan. Newbury stated the town needs to have someone at the entry of the parking
structures to tell people where the bus stop is and a community host to tell people the time of
when the bus is coming. Cleveland is optimistic that people will adapt.
The twelfth item on the agenda was Resolution No. 10, Series of 2011, A Resolution
Authorizing the Town Manager to sign a contractual agreement for pre - development services
with Triumph Development LLC, to formulate potential cost and financial alternatives and create
a conceptual development program for the redevelopment of the Town of Vail municipal office
site, located at 75 South Frontage Road, in cooperation with the Vail Valley Medical Center, The
Steadman - Philippon Research Institute and the Steadman Clinic; and setting forth details in
regard thereto.
Zemler stated the town has been in discussions with the Steadman- Philippon group for several
months. George Ruther, Community Development Director, stated the Council has before them
Resolution No. 10, Series of 2011, a Resolution Authorizing the Town Manager to sign a
contractual agreement for pre - development services with Triumph Development LLC, to
formulate potential cost and financial alternatives and create a conceptual development
program for the redevelopment of the Town of Vail municipal office site. The town's obligation is
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one third of the expenses or approximately $33,000. $15,000 has been spent to date on a
massing model and other site feasibilities. The next step is how to work on the program and go
forward with a deal.
On May 3, 2011, representatives from the Vail Valley Medical Center, the Steadman Hawkins
Clinic and the Steadman- Philippon Research Institute made a presentation to the Vail Town
Council on plans to build a new world class medical facility in Vail. In doing so, the group seeks
to form a public /private partnership with the Town of Vail to explore opportunities for
constructing a new medical facility and municipal office complex on town owned land. The first
step in exploring this opportunity is to enter into a contract for pre - development services to
determine the feasibility of developing this partnership.
There was no public comment. Daly supports a three -way sharing of costs. Rogers is also in
support. Cleveland said there isn't any intent to have any funds from the conference center
funds as a part of this proposal.
Mark Prisant, Chief Financial Officer of the Steadman institute, thought if a conference center is
built it would be great to consider the facility for hosting medical conferences.
Newbury made a motion to enter into a contract for pre - development services to determine the
feasibility of developing the partnership, the motion was seconded by Rogers. A vote was taken
and the motion passed, 6 -0.
The thirteenth item on the agenda was a discussion to award the streetscape design contract
for East Lionshead Plaza and Concert Hall Plaza projects.
Todd Oppenheimer, Vail's Landscape Architect, stated a Request for Proposal for streetscape
design services for the East Lionshead and Concert Hall Plaza was released on February 24,
2011. Thirteen firms responded with proposals. The proposal submitted by Mary Hart Design,
LLC, in the amount of $174,730, was determined to be the most favorable to the town. They
were selected due to their involvement with the Welcome Center project. And it was important
to have continuity, as well, as this firm was one of the lowest because they don't have to go
back and reinvent the wheel on the project. The cost was also less than the original cost
estimate.
Mary Hart, with Mary Hart Design, LLC said thank you for awarding the contract to her firm and
stated she has worked with the Welcome Center team and will have some of the same team
members working on this project.
Cleveland asked about the scope of work. Oppenheimer said they will be executing the final
design concept to balance the hard scape and soft scape areas, including sprucing up the
Concert Hall Plaza area and work that was built by 4240. The goal is so people don't go down
the bus lane and to bring the pedestrian part of Lionshead to the east of Lionshead Circle.
Daly asked if there was a mathematical error as the cost doesn't add up. Oppenheimer stated
there is a column missing on the documentation and there is an irrigation consultant cost that is
missing. He said the correct cost is $174,730.
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Daly made a motion to approve the design contract for streetscape design services for the East
Lionshead and Concert Hall Plaza project to Mary Hart Design, LLC in the amount of $174,730,
and approve the IGA, and authorize the Town Manager to sign and enter into an IGA with Mary
Hart Design, LLC in a form approved by the Town Attorney, and the motion was seconded by
Rogers. A vote was taken and the motion passed, 6 -0.
The fourteenth item on the agenda was a request to proceed through the development review
process with a proposal to re- construct and maintain existing private improvements (stairs and
deck) on the Town of Vail owned Gore Creek stream tract, Tract A, Vail Village Filing 5,
generally located adjacent to the Vail Trails East Condominiums at 433 Gore Creek Drive, and
setting forth details in regard thereto.
George Ruther, Community Development Director, said the Town of Vail development review
process requires all applications to have the authorization of the property owner. Since the
subject private improvements are located on Town of Vail owned property, the applicant must
obtain the Council's, as the town's representative, authorization before proceeding with
applications to re- construct and maintain the existing stairs and portions of the deck. He said
the applicant's representative, Steve Riden, Architect, had been called out of town and requests
that the Vail Town Council grant a continuance of this request to the June 7, 2011, public
hearing.
Rogers made a motion to continue this item to the June 7, 2011, public hearing, and the motion
was seconded by Donovan. A vote was taken and the motion passed, 6 -0.
The fifteenth item on the agenda was a continuance of the Ever Vail project discussion. This
session will focus on addressing the public parking needs of the West Lionshead area and the
400 public parking space recommendation identified in the Master Plan. Town Staff has
identified five policy questions that must be answered by the Vail Town Council in order to
continue forward with the review of Resolution No. 6, Series of 2011.
George Ruther stated the last meeting focused on the parking plan for Ever Vail. The
discussion was specifically regarding Chapter 4 of the Master Plan for the entire Lionshead
study area and parking policies in the Master Plan. Ruther reminded the Council that each
application will be reviewed in a logical progression and a final vote on all five applications will
be considered at the end all the presentations. There are five policy questions that the town staff
wanted discussed. There was a PowerPoint presentation and discussion on parking spaces
needed at Ever Vail and Lionshead. The memorandum stated that a total of 1,000 parking
spaces will be needed; 700 are needed West of Vail Road and 300 spaces are needed East of
Vail Road.
Dominic Mauriello, with Mauriello Planning Consultants, and the applicant's representative,
stated the greatest number of skiers access Vail mountain east of Vail Road. He asked for
policy direction on the 700 spaces west of Vail Road and if that was the appropriate number.
Ruther stated yes, 700 is the appropriate number needed and of the 700 spaces, 400 spaces
are proposed in Ever Vail. Based on staff's review of the Lionshead Master Plan, there may be
more appropriate places to site 400 parking spaces in Lionshead. There are many opportunities
to be explored over the coming months.
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Mauriello said the applicant has submitted a conditional use permit for Planning and
Environmental Commission (PEC) review and asked the Council to let PEC determine the
appropriate number of parking spaces for a gondola.
Further discussion ensued. Rogers wanted to make sure there is a clarifying statement that
bullet point #4 is in addition to the 400 spaces required. Daly said based on the transportation
master plan from five to seven years ago, they are now looking at needs for the next three to
five years. Ruther said yes the clock is ticking. Cleveland said the 400 parking spaces meet
the demand currently and he is supportive at looking at possibilities of relocating the parking
requirements to other areas. He said it was the applicant's responsibility to abide by the town
code and allow the PEC to determine the parking requirements. He said everybody needs to
play by the same rules and the current system works well.
Jim Lamont, Vail Homeowners Association (VHA), said he finds it a bit odd how Council is
approaching this topic. He said another school of thought is it appears that when there is a
portal, the forest service made the call. Now the town and VRI are in the determination
business. Now he sees the town saying to VRI via the master plan, we don't want that many
people parking there. Move some of those spaces to other places. He asked where the money
comes from to build on the Lionshead Parking structure or the Vail Village structure if we don't
want them to build at Ever Vail. If VRI wants to pay for more parking, they can. The town
should tell them where that could be. He said it was unfair to agree to a certain number of
parking spaces now and then the town changes the amount of parking needed later. He said
the town needs to define the number of spaces needed now and ask Ever Vail to add more
transportation between all the villages of Vail. He said there needs to be a compromise in this
area. WE need to find different ways to fund what the town needs.
Alex Iskendarian, representative of VRI, said a lot of communication has been done over the
last week. He said parking is a big issue and from his perspective, the master plan says 400
parking spaces are needed to be built at Ever Vail and those 400 spaces accommodate the
deficit. He said the transportation plan says something similar. He said the applicant has
worked over the years to bring the Ever Vail project to the Council that complies with the master
plan. These are decisions made with lots of discussion to create a plan that complies with the
master plan. He is concerned that now the applicant is hearing a different number of spaces that
may be required that is not part of the master plan. The applicant needs to get direction from
what the town wants through the planning process and documents and currently it states Ever
Vail needs 400 parking spaces. He said the town and Ever Vail need to be partners in this and
work collaboratively. If these discussions and the master plan say 400 parking spaces are
required, then that is what it is. He doesn't want to hear there are 400 spaces plus whatever the
Council says in the future. He said there is a fundamental fairness issue. How can the
applicant move some or all of the parking spaces without knowing where to move it.
Tjossem said there is a process and the PEC will be presented with a plan. She said it's the
PEC's job to review the plans presented and determine if 400 parking spaces are correct.
Newbury said all conditional use permits have to go through PEC. It is the applicant's job to
discuss the master plan at PEC and discuss the 400 spaces with PEC. She said parking has
always has been part of the Conditional Use process with PEC.
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Tjossem said Council can't give the applicant guarantees until they go through the process.
Rogers said the master plan has some inconsistencies. She said there are two different parts of
the master plan that affect this project. She supports the recommendations from staff. She
stated every applicant has to abide by the same process and rules. She is in favor of directing
staff in pursuing the four bullet points as recommended and clarified that bullet points number 2
and 4 are not in conflict. Let the PEC determine if more parking spaces are required above the
400 spaces.
Iskendarian said he wants to get to the long term discussion and he doesn't know how they can
get there. He asked if they can go to the PEC with a Conditional Use permit now. Rogers said
unfortunately it doesn't work that way as there is no way to determine the answer for this as
there is no zoning for the project now.
Ruther said they haven't gone through all the recommendations of the entire application. He
stated the changes in Chapter Four are minor and are for clarification. He said each time they
will present the Council with more information and make some significant changes. Other items
will be only for clarification. Daly said there is a way to address this issue. He said it would be
for VRI and the town to sit down and change the transportation plan specifically that changes
the long term strategic plan and new base access lift. The process could address long term
issues and near term satisfaction for VRI with immediate parking needs. Ruther said that could
be done. Iskendarian said his goal was to have certainty on the number of parking spaces that
will be required, here and now, and what Daly proposes doesn't allow for certainty either way.
Zemler asked Council if they want staff to research other ways to address this issue.
Mauriello said the policy the PEC has recommended is 400 spaces. He doesn't see why as an
applicant, he can't ask for a recommendation.
Cleveland asked for a show of hands from the Council on who supports the four
recommendations by staff. All six members approved staff recommendations and to pursue the
four bullet points as recommended.
Mauriello said they know what type of lift would be at Ever Vail and one of the documents the
PEC reviews is the master plan. Donovan made a suggestion to leave the expertise on the lift
to the experts. Zemler said staff is comfortable with that suggestion.
Donovan made a motion to continue all the public hearings on the request for the Major
Amendment, Ordinance Nos. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011,
to the June 7, 2011, public hearing; and the motion was seconded by Daly. A vote was taken
and the motion passed, 6 -0.
The sixteenth item on the agenda was adjournment.
Newbury made a motion to adjourn the meeting; and the motion was seconded by Donovan. A
vote was taken and the motion passed unanimously, 6 -0. The meeting adjourned at 8:30 p.m.
Respectfully submitted,
Town Council Meeting Minutes for May 17, 2011 Page 12
6/21/2011
2 -2- 12
Dick Cleveland, Mayor
Attest:
Lorelei Donaldson, Town Clerk
Town Council Meeting Minutes for May 17, 2011 Page 13
6/21/2011
2-2-13
K �
TOWN OF VA1 0
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 21, 2011
ITEM /TOPIC: Town Manager Report
PRESENTER(S): Various
6/21/2011
TOWN OF VAQ '
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 21, 2011
ITEM /TOPIC: Award of contract for replacement of Aspen Court Recreation Path Bridge.
PRESENTER(S): Todd Oppenheimer
ACTION REQUESTED OF COUNCIL: Staff is requesting council to direct the town manager
to enter into a contract for the replacement of the Aspen Court Recreation Path Bridge to Ted
Ssipel Construction, Inc. in the amount of $333,374.00
BACKGROUND: The Aspen Court Recreation Path Bridge was damaged by the record high
water levels during the 2010 spring run off. The engineering firm of Martin and Martin was
hired to design a new bridge. The plans and specifications for the new bridge were made
available to bidders in May 2011 with bids being opened on June 9, 2011. Four bidders
responded. Ted Seipel Construstion, Inc. was the low bidder with a bid of $333,374 and has
presented the necessary qualifications to complete the project.
STAFF RECOMMENDATION: Staff recommends council direct the town manager to enter
into a construction contract with Ted Seipel Construction, Inc. in the amount of $333,374.00 for
the replacement of the Aspen Court Recreation Path Bridge.
ATTACHMENTS:
Council Memo Court Bridge062111
6/21/2011
TOWN OF VAIL�
Memorandum
TO: Vail Town Council
FROM: Todd Oppenheimer
DATE: June 9, 2011
SUBJECT: Award of Contract — Replacement of Aspen Court Bridge
I. SUMMARY
Bids were opened for the replacement of the Aspen Court Bridge on June 9, 2011. Four bids,
all meeting the requirements set forth in the bidding documents, were received. Following is a
break down of the bids received.
Walt Broen /Van Diemen LLC. $417,916.00
Gould Construction $405,000.00
B &B Excavating $385,821.41
Ted Seipel Construction $333,374.00
The firm of Ted Seipel Construction, Eagle, CO, has submitted the lowest bid for the work. Staff
has performed the required due diligence in evaluation of the bid. Staff is recommending the
town council direct the town manager to enter into contract for the replacement of the Aspen
Court Bridge with the firm of Ted Seipel Construction in the amount of $333,374.00.
II. DISCUSSION
The Aspen Court Recreation Path Bridge was damaged during the 2010 spring run -off and
subsequently removed. The town experienced damage to several areas throughout town as a
result of the record high water levels. The town filed a claim with its insurance carrier, CIRSA,
which will be reimbursing the town for the cost of the bridge replacement.
On July 14, 2010 an RFP to hire a bridge engineer was issued. The firm of Martin and Martin
was awarded the contract and completed engineering plans and specifications for the
replacement bridge. The bridge design is a prefabricated steel truss bridge which matches the
recreation path bridges upstream and downstream of the site.
Plans and specifications for the replacement bridge were made available to bidders in May,
2011 and the bids were opened on June 9, 2011. Four contractors submitted bids for the work.
The bids are summarized above. Ted Seipel Construction, Inc. of Eagle, CO was the low
bidder. Ted Seipel Construction, Inc. has successfully completed previous work for the town
and has the necessary qualifications to complete the work.
III. ACTION REQUESTED OF COUNCIL
The cost of the bridge replacement will be fully reimbursed by the town's insurance
provider. Both the expense and offsetting reimbursement will be included in the next budget
supplemental appropriation scheduled for the July 5th Town Council meeting.
6/21/2011
4 -1 -I
Staff requests the town council to direct the town manager to enter into contract for the
replacement of the Aspen Court Bridge with the firm of Ted Seipel Construction in the amount of
$333,374.00.
Town of Vail Page 2
6/21/2011
4 -1 -2
}
TOWN OF VAQ'
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 21, 2011
ITEM /TOPIC: Second Reading of Ordinance No. 10, Series of 2011, amending 12 -13 -5:
Employee Housing Deed Restriction Exchange Program, Vail Town Code, to allow for two new
methods of exchange including a full fee -in -lieu option and a deed restriction relocation option.
PRESENTER(S): Nina Timm
ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 10, Series of 2011 on second
reading.
BACKGROUND: At the March 1 and again at the April 12, 2011 Vail Local Housing Authority
(VLHA) meetings the VLHA unanimously recommended adopting the proposed amendments
to the Employee Housing Deed Restriction Exchange Program. At the April 25, 2011 Planning
and Environmental Commission (PEC) hearing the PEC voted 6 -1 (Pratt) to forward a
recommendation of approval on the proposed amendments to the Town of Vail's Employee
Housing Deed Restriction Exchange Program.
At the June 7, 2011 Vail Town Council meeting the Town Council voted 7 -0 to approved
Ordinance No. 10, Series of 2011 on first reading with the correction noted in new paragraph
No. 4. The correction has been made for second reading.
STAFF RECOMMENDATION: Approve Ordinance No. 10, Series of 2011 on second reading.
ATTACHMENTS:
Ordinance No. 10, Series of 2011
6/21/2011
ORDINANCE NO. 10
SERIES 2011
AN ORDINANCE AMENDING CHAPTER 12 -13 -5: EMPLOYEE HOUSING DEED
RESTRICTION EXCHANGE PROGRAM, VAIL TOWN CODE, TO AMEND THE
DEED - RESTRICTION EXCHANGE PROGRAM, AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, on January 6, 2009, the Vail Town Council adopted Ordinance No. 31, Series of
2008, which established Chapter 12 -13 -5, Employee Housing Deed Restriction Exchange Program,
Vail Town Code, in order to allow owners of employee housing units to remove their deed restriction
in exchange for giving the Town of Vail a free market dwelling unit fee simple; and,
WHEREAS, since the adoption of Ordinance No. 31, Series of 2008, no property owners have
utilized the employee housing deed restriction exchange program; and,
WHEREAS, on March 23, 2011, the Vail Local Housing Authority of the Town of Vail held a
public hearing and reviewed and forwarded a recommendation of approval to the Vail Town Council
for the proposed text amendments to the Zoning Regulations; and,
WHEREAS, on April 25, 2011, the Planning and Environmental Commission of the Town of
Vail held a public hearing and reviewed and forwarded a recommendation of approval to the Vail
Town Council for the proposed text amendments to the Zoning Regulations in accordance with the
procedures and criteria and findings outlined in Section 12 -3 -7 of the Vail Town Code; and,
WHEREAS, the Town Council finds and determines that the amendments are consistent with
the applicable elements of the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development objectives of the Town, based upon
Section 5 of the Staff memorandum to the Planning and Environmental Commission dated April 11,
2011, and the evidence and testimony presented; and,
WHEREAS, the Town Council finds and determines that the amendments further the general
and specific purposes of the Zoning Regulations, based upon Section 5 of the Staff memorandum to
the Planning and Environmental Commission dated April 11, 2011, and the evidence and testimony
presented; and,
WHEREAS, the Town Council finds and determines that the amendments promote the health,
safety, morals, and general welfare of the Town and promote the coordinated and harmonious
development of the Town in a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest quality, based upon
Section 5 of the Staff memorandum dated April 11, 2011; and,
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
The proposed regulation amendments are as follows:
Section 1 . Section 12- 13 -5A, Purpose, Vail Town Code is hereby amended as follows:
1 Ordinance No. 10, Series of 2011, second reading
6/21/2011
5 -I -I
A. Purpose: The purpose of this Section is to provide occupied livable, affordable employee
housing units within the Town of Vail through the establishment of an employee housing
unit deed restriction exchange program. The exchange program allows the Town Council
to release a deed restriction from an existing employee housing unit in exchange for the
placement of an employee housing deed restriction on another dwelling unit and/ or a fee -
in -lieu payment made to the Town of Vail.
Section 2 . Section 12- 13 -513, Definitions, Vail Town Code is hereby amended as follows:
B. Definitions: For the purpose of this Section:
Exchange EHU: The existing non -price appreciation capped employee housing unit or other
unit with an employee housing deed restriction that is being proposed to have the deed
restriction released as part of this program.
Proposed EHU: The existing dwelling unit that is being proposed to receive an employee
housing deed restriction as part of this program.
Section 3 . Section 12- 13 -5C, General Requirements, Vail Town Code is hereby amended
as follows:
C. General Requirements: The Town Council may approve the removal of an employee
housing deed restriction from an existing employee housing unit in exchange for the
placement of an employee housing deed restriction on to another dwelling unit, and /or the
payment of a fee -in -lieu.
1. Exchange EHU requirements:
a. The exchange EHU shall not be part of any employee housing project developed or
deed - restricted (in part or in whole) by the Town of Vail.
b. The exchange EHU shall not be part of any on -site employee housing mitigation
required by inclusionary zoning, commercial linkage, or as part of an approved
development plan.
c. The property that includes the exchange EHU shall comply with the prescribed
development standards (density controls including GRFA and number of units, site
coverage, landscaping and parking requirements, etc.), as outlined in the applicable
zone district section of Title 12, Zoning Regulations, Vail Town Code, upon exchange
of the deed restrictions.
2. Proposed EHU requirements:
a. The proposed EHU(s) shall be located within the Town of Vail.
b. The proposed EHU(s) shall be within a homeowners association that does not preclude
deed restricted units, does not have a right of first refusal, does not have right to
approve the sale or the sale contract, or have any other requirements deemed to be
similarly restrictive by the Administrator.
c. The proposed EHU shall comply with the minimum size requirements shown in Table
13 -2.
2 Ordinance No. 10, Series of 2011, second reading
6/21/2011
5 -1 -2
TABLE 13 -2: MINIMUM SIZE OF PROPOSED EHUs
Type Of Unit Minimum Size (GRFA)
Studio 438 square feet
1 bedroom 613 square feet
2 bedroom 788 square feet
3+ bedrooms 1,225 square feet
d. The proposed EHU shall contain a kitchen facility or kitchenette and a bathroom.
e. The property on which the proposed EHU is located shall comply with Chapter 12 -10,
Off - Street Parking and Loading, Vail Town Code.
f. The proposed EHU shall have its own entrance. There shall be no interior access from
the proposed EHU to any dwelling unit to which it may be attached.
3. Exchange Rate for Proposed EHUs:
a. If the exchange EHU(s) is within the commercial job core and the proposed EHU(s) is
also within the commercial job core, the gross residential floor area (GRFA) of the
proposed EHU(s) shall be a minimum of two (2) times the gross residential floor area
(GRFA) of the exchange EHU.
b. If the exchange EHU is within the commercial job core and the proposed EHU(s) is
outside of the commercial job core, the gross residential floor area (GRFA) of the
proposed EHU(s) shall be a minimum of three (3) times the gross residential floor area
(GRFA) of the exchange EHU.
c. If the exchange EHU is outside of the commercial job core and the proposed EHU(s) is
inside of the commercial job core, the gross residential floor area (GRFA) of the
proposed EHU(s) shall be a minimum of one and one -half (1.5) times the gross
residential floor area (GRFA) of the exchange EHU.
d. If the exchange EHU is outside of the commercial job core and the proposed EHU(s) is
outside of the commercial job core, the gross residential floor area (GRFA) of the
proposed EHU(s) shall be a minimum of two (2) times the gross residential floor area
(GRFA) of the exchange EHU.
4. No Credit Given: If the gross residential floor area (GRFA) of the proposed EHU(s) is in
excess of the minimum required gross residential floor area (GRFA) as set forth in Subsection
D3 above, the additional gross residential floor area (GRFA) shall not be eligible for use as
any form of future credit or for the Commercial Linkage or Inclusionary Zoning employee
housing mitigation banks established by Sections 12 -23 -7 and 12 -24 -7, Vail Town Code.
5. Feed n -Lieu: The applicant may elect to provide a fee -in -lieu payment to the Town of Vail
for any portion of the required square footage not provided by a proposed EHU. The town
shall only use monies collected from the fees in lieu to provide new employee housing. The
applicant shall pay a fee -in -lieu equal to the following formulas:
Existing EHU sq ft x multiplier x inclusionary zoning fee = Fee -in -Lieu Payment
a. If the exchange EHU was approved prior to July 22, 1994 and has a deed restriction
that includes the language stating "if the unit is rented, it shall be rented only to tenants
who are full time employees...," the formula for fee -in -lieu payment is:
[the square footage of the exchange EHU as recorded on the deed restriction] x [the
current rate for inclusionary zoning fee -in -lieu] x 1
3 Ordinance No. 10, Series of 2011, second reading
6/21/2011
5 -1 -3
b. If the exchange EHU was approved after July 22, 1994 and /or does not have a deed
restriction that includes the language stating "if the unit is rented, it shall be rented only
to tenants who are full time employees... ", and If the exchange EHU is outside of the
commercial job core, the formula for fee -in -lieu payment is:
[the square footage of the exchange EHU as recorded on the deed restriction] x [the
current rate for inclusionary zoning fee -in -lieu] x 2
c. If the exchange EHU was approved after July 22, 1994 and /or does not have a deed
restriction that includes the language stating "if the unit is rented, it shall be rented only
to tenants who are full time employees... ", and is within the commercial job core, the
formula for fee -in -lieu payment is:
[the square footage of the exchange EHU as recorded on the deed restriction] x [the
current rate for inclusionary zoning fee -in -lieu] x 3
Section 4 . Section 12- 13 -5F, Review Process , Vail Town Code is hereby amended as
follows:
F. Review Process:
2. Review Procedures:
d. Appeal: Administrator and Town Council decisions may be appealed in accordance
with the provisions in section 12 -3 -3 , "Appeals ", of this title.
3. Criteria and Findings:
a. Criteria: Before acting on an Employee Housing Deed Restriction Exchange
application, the Vail Local Housing Authority and Vail Town Council shall consider the
following criteria with respect to the application:
1. The proximity and accessibility of the proposed EHU(s) to the Commercial Job
Core and public transportation; and
2. The size of the proposed EHU(s) in relation to the minimum employee housing unit
sizes established for Commercial Linkage mitigation in Section 12 -23 -3, Vail Town
Code; and
3. The effect of any homeowners association dues or maintenance fees imposed
upon the proposed EHU(s) on the affordability of the proposed unit for an
employee; and
4. The correlation between any homeowners association fees imposed upon the
proposed EHU(s) and the services and amenities provided by the homeowners
association.
5. The extent to which the exchange 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
6. The extent to which the exchange presents a harmonious, convenient, workable
relationship among land uses consistent with municipal development objectives;
and
7. The extent to which the exchange provides for the growth of an orderly viable
community and serves the best interests of the community as a whole.
4 Ordinance No. 10, Series of 2011, second reading
6/21/2011
5 -1 -4
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 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 Town Council hereby finds, determines and declares that this ordinance is
necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants
thereof.
Section 7 . The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred
prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as
commenced under or by virtue of the provision amended. The amendment of any provision hereby
shall not revive any provision or any ordinance previously repealed or superseded unless expressly
stated herein.
Section 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 7 th day of June, 2011 and a public hearing for second
reading of this Ordinance set for the 21S day of June, 2011, in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
Richard D. Cleveland, Mayor
Attest:
Lorelei Donaldson, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND
ORDERED PUBLISHED IN FULL this 21S day of June, 2011.
Richard D. Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
5 Ordinance No. 10, Series of 2011, second reading
6/21/2011
5 -1 -5
}
TOWN OF VAQ
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 21, 2011
ITEM /TOPIC: This work session will focus on providing answers to questions raised at he
June 7, 2011 public hearing whihch focused on the provision of meeting space, employee
housing, hot beds, and office space within the proposed Ever Vail development. This
memorandum is intended to further the understanding of these elements of the Ever Vail
development which are included in the proposed Resolution No. 6, Series of 2011
amendments.
Lionshead Redevelopment Master Plan (Resolution No. 6, Series of 2011Y
A request for a recommendation to the Vail Town Council for an amendment to the
Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and
Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the
detailed plan recommendations for West Lionshead (Ever Vail), and setting forth details
in regard thereto. (PEC 110002)
Major Subdivision:
A request for a review of a preliminary plan for a major subdivision, pursuant to Chapter 13 -3,
Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment
of the properties known as Ever Vail (West Lionshead), located at 862, 923, 934, 953, 1000
and 1031 South Frontage Road West, and the South Frontage Road West right -of-
way/unplatted (a complete legal description is available for inspection at the Town of Vail
Community Development Department), and setting forth details in regard thereto.
(PEC080062)
Rezoning (Ordinance No. 7, Series of 2011y
A request for a recommendation to the Vail Town Council for a zone district boundary
amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for a establish
Lionshead Mixed Use 2 District zoning on Parcels 1 and 2 of the Ever Vail Subdivision located
generally at 862, 923, 934, 953, 1000, and 1031 South Frontage Road, and the South
Frontage Road right -of- way /unplatted (a complete legal description is available for inspection
at the Town of Vail Community Development Department), and setting forth details in regard
thereto. (PEC080061)
Special Development District Amendment (Ordinance No. 8, Series of l y.
A request for a recommendation to the Vail Town Council for a major amendment to Special
Development District No. 4, Cascade Village, pursuant to Section 12- 9A -10, Amendment
Procedures, Vail Town Code, to allow for the removal of Development Area D (Glen Lyon
Office Building) from Special Development District No. 4, Cascade Village, and for a zone
district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to
include the subject property in the Lionshead Mixed Use 2 District, located at 1000 South
Frontage Road West /Lot 54, Glen Lyon Subdivison, and setting forth details in regard thereto.
(PEC090036)
Title 12, Zoning Regulations, Vail Town Code, Amendment ( Ordinance No. 9, Series of 2011Y.
A request for a final recommendation to the Vail Town Council for prescribed regulation
amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to amend Section 12-
10-19, Core Areas Identified, Vail Town Code, to amend the core area parking maps to include
6/21/2011
"Ever Vail" (West Lionshead) within the "Commercial Core" designation, and setting forth
details in regard thereto. (PEC080065)
PRESENTER(S): Vail Resorts Development Company and Warren Campbell
ACTION REQUESTED OF COUNCIL: The Community Development Department
requests the Vail Town Council continue the Major Subdivision, Ordinance No. 7, 8, and 9,
Series of 2011, and Resolution No. 6, Series of 2011 to the July 5, 2011 public hearing.
BACKGROUND: Lionshead Redevelopment Master Plan: On January 24, 2011, the
Planning and Environmental Commission forwarded a recommendation of approval,
with conditions, for proposed amendments to the Lionshead Redevelopment Master
Plan, by a vote of 3 -1 -2 (Rediker opposed, Viele and Cartin recused).
Major Subdivision: On January 10, 2011, the Planning and Environmental Commission
forwarded a recommendation of approval, with conditions, on the preliminary plan for the
major subdivision to establish Parcels 1 and 2 of the Ever Vail Subdivision, by a vote of 5 -0 -2
( Viele and Cartin recused).
Rezoning: On January 10, 2011, the Planning and Environmental Commission forwarded a
recommendation of approval, with conditions, for a zone district boundary amendment to
establish Lionshead Mixed Use 2 District zoning on Parcels 1 and 2 of the Ever Vail
Subdivision, by a vote of 5 -0 -2 ( Viele and Cartin recused).
Special Development District Amendment: On January 24, 2011, the Planning and
Environmental Commission forwarded a recommendation of approval, with conditions, for a
major amendment to Special Development District (SDD) No. 4, Cascade Village, to remove
the Glen Lyon Office Building from the SDD in order for it to be incorporated into the Ever Vail
Subdivision, by a vote of 4 -0 -2 ( Viele and Cartin recused).
Title 12, Zoning Regulations, Vail Town Code, Amendment: On January 11, 2010,
the Planning and Environmental Commission forwarded a recommendation of approval, with
conditions, for a prescribed regulations amendment to Section 12- 10 -19, Core Areas
Identified, Vail Town Code, by a vote of 4 -0 -2 ( Viele and Cartin recused).
STAFF RECOMMENDATION: The Community Development Department recommends the
Vail Town Council continue the public hearing on the request for the Major Subdivision,
Ordinance No. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011 to the July 5,
2011 public hearing.
ATTACHMENTS:
Staff Memorandum
6/21/2011
0
TOWN OF VAIL
Memorandum
TO: Vail Town Council
FROM: Community Development Department
DATE: June 21, 2011
SUBJECT: Resolution No. 6, Series of 2011, a resolution to amend Chapter 4, Recommendations —
Overall Study Area and Chapter 5, Detailed Plan Recommendations, Lionshead
Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the
Master Plan, Lionshead Redevelopment Master Plan, to amend the recommendations
for West Lionshead (Ever Vail) and setting forth details in regard thereto.
I. DESCRIPTION OF THE REQUEST
The purpose of this agenda item is to review Resolution No. 6, Series of 2011. Resolution No.
6, Series of 2011, is a resolution amending Chapter 4, Recommendations — Overall Study Area
and Chapter 5, Detailed Plan Recommendations of the Lionshead Redevelopment Master Plan
to allow for amendments to Sections 4.4, View Corridors; 4.6.2, South Frontage Road; 5.17,
West Lionshead; and 5.20 Eagle River Water and Sanitation District. The proposed
amendments are intended to facilitate future development of the Ever Vail Project in the West
Lionshead area.
This work session will focus on addressing several questions raised at the June 7, 2011, Town
Council Public hearing which focused on the provision of meeting space, employee housing, hot
beds, and office space within the proposed Ever Vail development. This memorandum is
intended to further the understanding of these elements of the Ever Vail development which are
included in the proposed Resolution No. 6, Series of 2011 amendments.
II. DISCUSSION
1) Who will own and operate the meeting space in Building E1?
Applicant Response:
It is currently anticipated that the hotel operator, Rock Resorts, will own and operate the
meeting spaces.
2) How much of the office space included within Ever Vail will be used by Vail Resorts?
Applicant Response:
The current estimate is that approximately 17,000 square feet of the office space will be used by
Vail Resorts.
3) How much office space square footage does Vail Resorts occupy in Treetops?
Staff Response
Vail resorts currently occupies 7,425 square feet of office in Treetops. On January 24, 2005 the
Planning and Environmental Commission approved a conditional use permit for a temporary
6/21/2011
6 -1 -I
business office on the first floor measuring 5,425 square feet. On June 27, 2005 the Planning
and Environmental Commission approved a conditional use permit for a business office on the
second floor measuring 2,000 square feet. Office space on the second floor is an allowable
permanent use subject to a conditional use permit.
4) What does the Lionshead Redevelopment Master Plan state about the replacement of
office space?
Staff Response:
The Lionshead Redevelopment Master Plan does not contain a no net loss policy for the
entirety of the properties included within the study area boundaries. Chapter 5, Detailed Plan
Recommendations, for Ever Vail (West Lionshead) states the following with regard to office
space:
"Notwithstanding these different Frontage Road scenarios, there should be an increase of
existing office square footage and "no net loss" of retail square footage as a result of the
redevelopment of these parcels. "
There is approximately 30,000 square feet of office space in the Glen Lyon Office Building,
Cascade Crossing, and Vail Professional Building properties.
5) What is the employee generation rate for office space?
Staff Response:
The employee generation rate for office space is 3.2 employees per 1,000 feet of net new floor
area for business and professional office (excluding real estate office). Real estate office is 5.1
employees per 1,000 feet of net new floor area. Developments are required to mitigate 20% of
the employees generated.
6) Why did the plan go from 120 to 102 hotel rooms?
Applicant Response:
This change was made as part of our November 2010 revisions to our applications, and at that
time, a variety of changes occurred to the entire plan, based on input from public open houses,
Planning and Environmental Commission hearings, and Town Council meetings. Along with
this change, the retail square footage was reduced nearly in half, buildings were reduced in
height, substantial open space was added along Red Sandstone Creek and Gore Creek, and
the residential programming was changed to include 49 lock -offs. This change from 120 to 102
hotel rooms was one part of a change to the entire project in response to the Town's review
process.
In addition, input from Rock Resorts indicated that 102 rooms with a net increase of 49 lock -offs,
bringing their total inventory up to 151 rooms, was the appropriately -sized hotel for their
business plan.
7) What does the Lionshead Redevelopment Master Plan state with regard to the
occupancy performance of hotel and condominium projects as stated in Section 4.13,
Live Beds? What does the Ever Vail Fiscal Impact Analysis state with regard to
occupancy performance of hotel and condominium projects? Do these contradict?
Town of Vail Page 2
6/21/2011
6 -1 -2
Staff Response:
Section 4.13 Live Beds, Lionshead Redevelopment Master Plan, states the following with
regard to the occupancy performance of hotel and condominium products:
"The bed base in Lionshead's consists of a variety of residential and lodging products
including hotels, condominiums, timeshares and hybrids of all three. The vast majority of
live beds in Lionshead are not accommodation units in hotels, but instead, in dwelling units
in residential condominiums such as the Vail 21, Treetops, Antlers Lodge, Lion Square
Lodge, Lifthouse Lodge, Landmark Tower and Townhomes, Lionshead Arcade, and
Montaneros, all of which have some form of rental /property management program that
encourages short term rental of dwelling units when the owners are not in residence. It
has been the experience in Lionshead that condominium proiects which include a
voluntary rental management program have occupancy rates which exceed the occupancy
rate of hotel products, and therefore tend to provide more live beds and produce more
lodging tax revenues to the Town
The determination that condominium projects have occupancy rates which exceed the
occupancy rate of hotels was derived from several sources. The first source was an analysis of
the condominium projects identified in Section 4.13 of the Master Plan as compared to the
hotels in Lionshead (Marriott, Lionshead Inn, and Best Western /Fabulous Vail Glo). An analysis
in 2006 of the lodge tax revenues generated by each classification of unit and conversations
with each property resulted in the finding that condominium projects as a group performed at a
higher occupancy rate. A second source was a was a report entitled, "The Social and Economic
Effects of Second Homes ", prepared by the Northwest Colorado Council of Governments which
identified that approximately 25% of second homeowners stated the primary reason for the
purchase of a second home in resort communities was rental income.
The Ever Vail Fiscal Impact Analysis, prepared by Economic Planning Systems (EPS), utilized
multiple models to determine the fiscal and economic impacts of the Ever Vail proposal. Within
these models an annualized occupancy rate of 50% was assumed for hotel product and 30% for
dwelling units participating in a rental program. In speaking with Andy Knudtsen of EPS it was
stated that the model utilized a "very conservative" annualized occupancy rate for dwelling units
participating in a rental program. He stated that the occupancy rate for a condominium
participating in a rental program is determined by the location, amenities, marketing, etc. He
estimated that a condominium unit which was in a good location with amenities provided by a
hotel (pool, room service, maid service, valet parking, etc.) would be approximately 40% and
higher. EPS utilized the 30% occupancy rate in the models to build in a conservative result with
regard to economic benefit generated from these units.
The Ever Vail Fiscal Impact Analysis identifies as a Key Findings and Recommendations, that a
hotel is provides "the most fiscal and economic benefit to the Town." It further concludes that the
hotel would be most beneficial in the first phase of the project. The report identifies that in order
for the hotel to have the greatest positive impact that it should be able to accommodate a group
of approximately 250 people in a combination in hotel rooms, lock offs, or managed
condominiums. The report identifies that a block of at least 200 rooms need to be available to
accommodate a group of this size. The report concludes that as 102 hotel rooms are proposed
in the plan that the developer and property mangers "will need to encourage that condominium
owners participate in a rental program to leverage the economic impact of the meeting space."
In responding to these questions Staff contacted MTRIP to inquire as to what data may be
available to perform an analysis of the annualized occupancy of hotels as compared to
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condominiums participating in rental programs. It was stated that in approximately two weeks
there would be some new technology available which could run this comparison for a fee of
approximately $500 to $750.
8) Provide documentation for the percentage of dwelling units and lock -offs that will
participate in a rental program? Provide data from Rock Resorts and local properties.
Applicant Response:
Data has been collected from property managers in Vail and Lionshead. This data is still in the
process of being collected, but the preliminary findings of the properties contacted in Lionshead and
Vail are that hotel rooms, lock -offs, and managed condominiums all have an annualized occupancy
rate of about 55% including owner use. MTrip data indicates an overall occupancy rate of 44% in
2010 for all Vail properties (based on MTrip sampling.) Many lodges in Lionshead and Vail Village
are purely condominium products and have participation levels in a rental program of over 90%
(Antlers, Montenaeros, Lion Square Lodge). Others (Vail Spa) average about 60%
participation. We are continuing to research this question and will provide data as it becomes
available.
9) What unit types are most attractive to guests ( #bedrooms, size, kitchens, amenities,
etc.)? What are the average occupancy rates?
Applicant Response:
The answer is that it depends on how properties are marketed and managed as indicated
above. Generally, all product types are attractive to a certain segment of the resort guests and
it is this mix that allows Vail to be attractive to a variety of visitors. It is best to diversify the
offering within the Ever Vail project by offering an appropriate mix of unit types and sizes
whether those are hotel rooms, condos, lock -offs, suites, studios, or two, three, or four bedroom
units. The final mix and appropriate price - points and marketing strategies are to be determined
by the applicant, based on market conditions.
10) What restrictions, incentives, requirements, etc., might be included in an Ever Vail
rental program?
Applicant Response:
This has not been determined yet, but in the past, Vail Resorts has used a variety of incentive
programs at other projects, including: front deck service, use of amenities such as pools and
fitness areas, furniture packages, hotel -type services such as room service and maid service,
valet parking, marketing, and reservation systems.
11) Define on -site vs. off -site for compliance with regard to the employee housing
mitigation requirement? Is Ever Vail the site or is each structure a site?
Staff Response:
This question will be better answered in conjunction with a presentation on the phasing of Ever
Vail which will occur at a future Town Council hearing.
12) Provide a phasing plan which shows how parking, office, and employee housing
units come online and when. When would Treetops be vacated?
Applicant Response:
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This question will be better answered in conjunction with a presentation on the phasing of Ever
Vail which will occur at a future Town Council hearing. The conditional use permit for Treetops
expires in 2012.
13) What is the square footage of retail provided within Ever Vail? What type of retail is
anticipated? What is the ownership structure of the proposed retail?
Applicant Response:
Retail: 31,527 sf (includes 14,000 sf grocery)
Eating and Drinking: 22,337 sf (includes live music venue)
Spa: 9,950 sf
Office: 34,669 sf
Generally, the commercial uses have been sized and programmed to serve the population of
Ever Vail and are based on recommendations from the Town's consultant, Economic Planning
Systems, along with the applicant's consultant, BBC Research and Consulting. The commercial
uses have been designed to complement, not compete with existing commercial uses in Vail.
Office space is actually the largest commercial use on the site. Ownership and leasing have not
been determined at this time.
14) What guarantees can be provided to ensure office space availability to entities to
those other than Vail Resorts?
Applicant Response:
No such guarantees are appropriate. Vail Resorts is constructing the office space and will
manage it appropriately to ensure occupancy.
Staff Response:
The availability of office space in Ever Vail to entities other than Vail Resorts can be
accomplished via mutual agreement memorialized in covenants recorded against the project
and /or developer agreement.
15) What is the relationship /ratio of hotel room count to meeting room space? Is there a
critical mass?
Applicant Response:
There is no industry standard for this measurement. Generally, location, design, and flexibility
of meeting space are all more important factors driving group business. There is a large bed
base, both within Ever Vail and in all of Lionshead that will serve the proposed Ever Vail
meeting space and is not a limiting factor.
Staff Response:
Town Staff contacted the Vail Valley Partnership with regard to this question and was informed
that there does not appear to be an "industry standard" with regard to a ratio of number of hotel
rooms to meeting space. Through research and conversation, including some local properties,
the Vail Valley Partnership has suggested that a range of 75 to 100 square feet of meeting
space per room is appropriate.
III. ACTION REQUESTED OF COUNCIL
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The Community Development Department requests the Vail Town Council continue the Major
Subdivision, Ordinance No. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011 to
the July 5, 2011 public hearing.
IV. STAFF RECOMMENDATION
The Community Development Department recommends the Vail Town Council continue the
public hearing on the request for the Major Subdivision, Ordinance No. 7, 8, and 9, Series of
2011, and Resolution No. 6, Series of 2011 to the July 5, 2011 public hearing.
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K �
TOWN OF VA1 0
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 21, 2011
ITEM /TOPIC: Adjournment (7:30 p.m.)
6/21/2011