HomeMy WebLinkAbout2011-11-01 Agenda and Support Documentation Town Council Evening Session VAIL TOWN COUNCIL
EVENING SESSION AGENDA TOM IJF ' ML'
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
6:00 P.M., NOVEMBER 1, 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: Town Manager Report (5 min. )
PRESENTER(S): Various
3. ITEM /TOPIC: Resolution No. 21, Series of 2011, a resolution authorizing
the town manager to sign a contractual agreement for phase 2 pre -
development services with Triumph Development, L.L.C., to further
determine the feasibility of the redevelopment project 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 Clinic, and the Steadman -
Philippon Research Institute; and setting forth details in regard thereto. (15
minutes)
PRESENTER(S): George Ruther
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall
approve, approve with modifications or deny Resolution No. 21, Series of
2011.
BACKGROUND: On October 18, 2011, the Town staff requested direction
from the Vail Town Council on whether the Town should enter into a
contractual agreement with the Vail Valley Medical Center, the Steadman
Clinic, and the Steadman - Philippon Research Institute to proceeed with
Phase 2 of the pre - development process for redeveloping the Town's
municipal office site. Triumph Development, LLC of Vail, Colorado would be
responsible for ensuring completion of the identified scope of work for Phase
2. The Town's 1/3 cost for the due diligence work shall not exceed $99,982
and take up to 90 days to complete. Following discuss on the item, the Vail
Town Council instructed staff to prepare an authorizing resolution for the
Town Council's consideration on November 1, 2011.
STAFF RECOMMENDATION: Town staff recommends the Vail Town
Council approves Resolution No. 21, Series of 2011 as read. Once
approved, staff will immediately start working with its redevelopment project
11/1/2011
partners and Triumph Development, L.L.C., on phase 2 of the
predevelopment work. Regular updates on the progress of the work will be
provided to the Town Council.
4. ITEM /TOPIC: Resolution No. 22, Series of 2011, A Resolution Approving A
Lease Agreement Between the Town of Vail and the Colorado Department of
Transportation Regarding Parking Along the Non - Travel Lanes of the
Interstate 70 Frontage Roads Located within the Limits of the Town; and
Setting Forth Details in Regard Thereto. (10 min.)
PRESENTER(S): Greg Hall
ACTION REQUESTED OF COUNCIL: Approve the Intergovernmental
Agreement, and authorize the Town Manager to sign and enter into the lease
with CDOT in a form approved by the Town Attorney.
BACKGROUND: The Town of Vail (the "Town ") and the Colorado
Department of Transportation ( "CDOT ") entered into a Lease Agreement for
the 2010 -2011 ski season, which allowed public permit parking and for
general peak period public overflow parking on the Frontage Roads during
times the Town's parking structures had reached full capacity. The Town
and CDOT now wish to enter into a new lease for the 2011 -2012 ski season.
STAFF RECOMMENDATION: Approve the Intergovernmental Agreement,
and authorize the Town Manager to sign and enter into the lease with CDOT
in a form approved by the Town Attorney.
5. ITEM /TOPIC: Authorization to continue negotiations with Vail Timber Ridge,
LLC for the redevelopment of a portion of the Timber Ridge housing project.
(15 min.)
PRESENTER(S): Stan Zemler
ACTION REQUESTED OF COUNCIL: Authorize the Town Manager and
staff to continue negotiations with Vail Timber Ridge, LLC for a period of 90
days.
BACKGROUND: The Town of Vail and Vail Timber Ridge, LLC are parties
to a certain Predevelopment Agreement dated November 11, 2009 (the
"Agreement ") which contemplates, among other things, the redevelopment of
approximately half of the site commonly known as Timber Ridge. The
Agreement is set to expire by its own terms on November 11, 2011.
Although the Agreement is set to expire, the Town Council wishes to
continue to negotiate with Vail Timber Ridge, LLC in an effort to come to
terms of a new agreement.
STAFF RECOMMENDATION: Authorize the Town Manager and staff to
continue negotiations with Vail Timber Ridge, LLC for the redevelopment of a
portion of the Timber Ridge housing project.
6.
ITEM /TOPIC: First reading of Ordinance No. 22, Series of 2011, an
ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to
Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to
establish outdoor ski staging signage, and Title 12, Zoning Regulations, Vail
Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to
11/1/2011
establish outdoor ski staging as an accessory use in the Commercial Core 1,
Lionshead Mixed Use 1, Lionshead Mixed Use 2, Ski Base Recreation and
Ski Base Recreation 2 Districts and to establish basket storage as an
accessory use in the Commercial Core 1, Commercial Core 2, Commercial
Core 3, Lionshead Mixed Use 1, Lionshead Mixed Use 2, Ski Base
Recreation and Ski Base Recreation 2 Districts, and setting forth details in
regard thereto. (PEC110054) (60 min.)
PRESENTER(S): Rachel Dimond
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall
approve, approve with modifications, or deny Ordinance No. 22, Series of
2011, upon first reading.
BACKGROUND: The background, problem statement, goals and council
direction are outlined in the Staff memorandum to the Planning and
Environmental Commission dated October 24, 2011.
STAFF RECOMMENDATION: At their October 24, 2011 hearing, the
Planning and Environmental Commission forwarded a recommendation with
modifications to the Vail Town Council for the proposed amendments.
7. ITEM /TOPIC: Second reading of 2012 Budget Ordinance No. 21, Series
2011 (30 min.)
PRESENTER(S): Kathleen Halloran
ACTION REQUESTED OF COUNCIL: Approve or approve with
amendments the second reading of 2012 Budget Ordinance No. 21, Series
2011
BACKGROUND: Cover memo highlights changes made during first reading;
Additional information in attached budget packet
STAFF RECOMMENDATION: Approve or approve with amendments 2012
Budget Ordinance No. 21, Series 2011
8.
ITEM /TOPIC: Second reading of Ordinance No. 23, Series of 2011, an
ordinance extending, until November 19, 2012, 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 review, and
setting forth details in regard thereto. (5 minutes)
PRESENTER(S): Bill Gibson, Planner
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications,
or deny Ordinance No. 23, Series of 2011, on second reading.
BACKGROUND: Ordinance No. 23, Series of 2011, is intended to extend
the effective date of Ordinance No. 12, Series of 2011, from November 21,
2011 until November 19, 2012. No other change to the regulations is
proposed. Extending the effective date will allow the Town to explore
opportunities for incorporating public parking on private property sign
regulations into a larger signage and wayfinding initiative currently underway.
11/1/2011
On October 18, 2011, the Vail Town Council approved the first reading of
Ordinance No. 23, Series of 2011, by a vote of 5 -2 -0 (Foley and Tjossem
opposed).
STAFF RECOMMENDATION: The Community Development Department
recommends the Vail Town Council approves Ordinance No. 23, Series of
2011, on second reading.
9. ITEM /TOPIC: Adjournment (8:35 p.m.)
11/1/2011
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: November 1, 2011
ITEM /TOPIC: Town Manager Report
PRESENTER(S): Various
11/1/2011
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: November 1, 2011
ITEM /TOPIC: Resolution No. 21, Series of 2011, a resolution authorizing the town manager
to sign a contractual agreement for phase 2 pre - development services with Triumph
Development, L.L.C., to further determine the feasibility of the redevelopment project 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 Clinic, and the Steadman - Philippon Research Institute;
and setting forth details in regard thereto.
PRESENTER(S): George Ruther
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with
modifications or deny Resolution No. 21, Series of 2011.
BACKGROUND: On October 18, 2011, the Town staff requested direction from the Vail Town
Council on whether the Town should enter into a contractual agreement with the Vail Valley
Medical Center, the Steadman Clinic, and the Steadman - Philippon Research Institute to
proceeed with Phase 2 of the pre - development process for redeveloping the Town's municipal
office site. Triumph Development, LLC of Vail, Colorado would be responsible for ensuring
completion of the identified scope of work for Phase 2. The Town's 1/3 cost for the due
diligence work shall not exceed $99,982 and take up to 90 days to complete. Following
discuss on the item, the Vail Town Council instructed staff to prepare an authorizing resolution
for the Town Council's consideration on November 1, 2011.
STAFF RECOMMENDATION: Town staff recommends the Vail Town Council approves
Resolution No. 21, Series of 2011 as read. Once approved, staff will immediately start
working with its redevelopment project partners and Triumph Development, L.L.C., on phase 2
of the predevelopment work. Regular updates on the progress of the work will be provided to
the Town Council.
ATTACHMENTS:
Resolution 21, Series 2011
11/1/2011
RESOLUTION NO. 21
Series of 2011
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO SIGN A CONTRACTUAL
AGREEMENT FOR PHASE 2 PRE - DEVELOPMENT SERVICES WITH TRIUMPH
DEVLOPMENT LLC, TO FURTHER DETERMINE THE FEASIBILITY OF THE
REDEVELOPMENT PROJECT 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.
WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Town Charter (the "Charter");
WHEREAS, the members of the Town Council of the Town (the "Council ") have
been duly elected and qualified;
WHEREAS, the Town, in cooperation with the Vail Valley Medical Center and
The Steadman Clinic, wish to enter into a contractual agreement (the "Agreement ") for
phase 2 pre - development services;
WHEREAS, according to the Agreement the scope of services includes
development site study and identification of design constraints; developing more detailed
design programs, civil engineering and schematic architectural design, initiating the
conceptual review process of future entitlements, and further facilitating a development
program and business deal for all parties,
WHEREAS, this Resolution authorizes the Town Manager to sign the Agreement
for said services with Triumph Development, LLC; of Vail, Colorado,
WHEREAS, the Agreement only authorizes the Town to spend up to $99,982 for
its share of the phase 2 pre - development services, and
WHEREAS, approval of Resolution No. 21, Series 2011, is required to enter into
the Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Council hereby approves and authorizes the Town Manager
to enter into the Agreement with the Triumph Development, LLC., for phase 2 pre -
development services for the redevelopment of the Town of Vail Municipal Office Site,
located at 75 South Frontage Road in substantially the same form as attached hereto as
Exhibit A and in a form approved by the Town Attorney.
Resolution No. 21, Series 2011
11/1/2011
3 -1 -1
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 1S day of November, 2011.
Richard Cleveland
Town Mayor
ATTEST:
Lorelei Donaldson,
Town Clerk
Resolution No. 21, Series 2011
11/1/2011
3 -1 -2
EXHIBIT "A"
TRIUMPH Triumph Development
October 18, 2011
Ms. Doris Kirchner
Vail Valley Medical Center
181 W. Meadow Drive
Vail, CO 81657
Mr. Lyon Steadman
The Steadman Clinic
181 W. Meadow Drive
Vail, CO 81657
Mr. Stan Zemler
Town of Vail
75 S. Frontage Road Vail, CO 81657
Re: Phase 2 Consulting Agreement for Predevelopment Services for the
Vail Municipal & Medical Office Development
Dear Team Members,
Thank you for your time and insight over the past months as we have studied the
possibility of redeveloping the Vail Municipal Center into a mixed -use medical
facility and office building for the Town of Vail. After five months of study, we
firmly believe in the merits of redeveloping the site to include the uses outlined
in our recent presentation to each of you.
In this letter we propose to continue the work outlined in our April 29, 2011
proposal letter. This effort will include the below scope of work and anticipated
budget for the next 90 -day predevelopment effort.
Site Study and Design Constraints:
• Geotechnical study to understand the site's soil /rock and underground
P. 301.857.1112 12 Vail Road. Suite 400. Vad, CO 81857
F. 301.857.5948 8120 Woodmont Avenue, Suite 800, Bethesda, MD 20814
Resolution No. 21, Series 2011
11/1/2011
3 -1 -3
TRIUMPH
water characteristics
• Survey and locate utilities for the municipal center, the frontage road, the
US Bank Building and VVMC parking structure
• CDOT consultant to investigate CDOT requirements, impacts on design,
and construction feasibility
• Parking consultant to determine traffic and parking generated by the
project's users and opportunities for shared parking
Design:
• Finalize users' design programs and location of critical design elements
such as the future helipad location
• Civil engineer to plan initial site, access, interior vehicular circulation,
right -of -way improvements, sky- bridge location /engineering, and utility
planning.
• Architectural design team to begin schematic design including garage
design, pedestrian and vehicular circulation, MOB massing, the
relationship of internal MOB uses, MOB architecture, TOV massing, TOV
architecture, integration with the existing police building, and the sky -
bridge location. Team to include Pierce Architects to assist TOV in
refining interior programing.
• Design team to begin preparing for public entitlement effort. This scope
of work could include public meetings and initial presentation to PEC
and /or DRB
Legal:
• Title work for each of the impacted sites
• Understand design constraints of existing VVMC easements
• Preliminary public - private - partnership ( "PPP ") deal structure consultation
Entitlement:
• Initiate pre - entitlement review with ToV Planning and Public Works
• Further define affordable- housing options
vww.triumphdev.ccm
Resolution No. 21, Series 2011
11/1/2011
3 -1 -4
TRIUMPH
• Determine parking requirement
• Initiate preliminary CDOT review
Facilitate Deal Structure Discussion:
• Refine development budget and schedule
• Present each party with deal points for discussion and consideration
• Stakeholder outreach and awareness (VVMC Board, SPRI Board, SC
Executives, and ToV Staff and Council)
• Community outreach and awareness
Progress Reporting and Communication:
• Weekly meetings with Town Staff
• Presentation to the Town Council as required
Triumph Fees & Consulting Agreement Term:
In the table below, we present the overall budget for this Phase 2 scope of work
on a month -by -month basis. We propose to perform this scope of services for a
monthly fee of $20,000 per month, plus reimbursement for all out -of- pocket
expenses and third -party consultants. The term of this consulting agreement will
not exceed 90 days (or $60,000), and $299,675 in total including outside
consultants without the approval of all parties. All of these costs will be credited
toward the eventual cost of development should the group choose to move
forward with this project.
We will separately invoice VVMC, the Steadman Clinic and the Town of Vail each
a one -third share of these costs on a monthly basis throughout the duration of
this consulting arrangement. This agreement is terminable by any of the parties
to the agreement with seven (7) days written notice. Should you choose not to
proceed, the group will only be responsible for consulting services and outside
consultants' expenses incurred up to that point.
www.tnumphdev.com
Resolution No. 21, Series 2011
11/1/2011
3 -1 -5
TRIUMPH
Vail Medical & Municipal Office
Predevelopment Phase 2 - Projected Budget
Cost Category Day 30 Day 60 Day 90 Total
Consultants
Geotech 7,600 250 250 8,100
Base Map Survey & Utility 8,600 - - 8,600
CDOT Permit & Leasing 3,000 3,000 - 6,000
Parking Consultant 5,975 500 - 6,475
Total Consultants 25,175 3,750 250 29,175
Design
Arch - Program Verification 33,000 33,000
Arch - Schematic Design 51,500 51,500 103,000
Arch - Entitlement Application Prep 8,000 8,000
Civil 20,000 20,000 10,000 50,000
Total Design 53,000 71,500 69,500 194,000
Legal 5,000 5,000 5,000 15,000
Project Management Fee 20,000 20,000 20,000 60,000
Misc. Expense 500 500 500 1,500
Total Cash Requirement 103,675 100,750 95,250 299,675
1/3 Share of Required Cash 34,558 33,583 31,750 99,892
wwwthumphdev.crnn
Resolution No. 21, Series 2011
11/1/2011
3 -1 -6
TRIUMPH
If you are in agreement with these terms, please countersign this proposal and
return it to us with the first month's consulting service fee of $20,000 (or $6,667
each) to our Vail address. If you have questions, please do not hesitate to call.
Best Regards,
- SV-
Steve Virostek
Principal, Triumph Development, LLC
Countersigned:
Doris Kirchner, Vail Valley Medical Center
Lyon Steadman, The Steadman Clinic
Stan Zemler, Town of Vail
Resolution No. 21, Series 2011
11/1/2011
3 -1 -7
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TOM [ F Ni
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: November 1, 2011
ITEM /TOPIC: Resolution No. 22, Series of 2011, A Resolution Approving A Lease Agreement
Between the Town of Vail and the Colorado Department of Transportation Regarding Parking
Along the Non - Travel Lanes of the Interstate 70 Frontage Roads Located within the Limits of
the Town; and Setting Forth Details in Regard Thereto.
PRESENTER(S): Greg Hall
ACTION REQUESTED OF COUNCIL: Approve the Intergovernmental Agreement, and
authorize the Town Manager to sign and enter into the lease with CDOT in a form approved by
the Town Attorney.
BACKGROUND: The Town of Vail (the "Town ") and the Colorado Department of
Transportation ( "CDOT ") entered into a Lease Agreement for the 2010 -2011 ski season, which
allowed public permit parking and for general peak period public overflow parking on the
Frontage Roads during times the Town's parking structures had reached full capacity. The
Town and CDOT now wish to enter into a new lease for the 2011 -2012 ski season.
STAFF RECOMMENDATION: Approve the Intergovernmental Agreement, and authorize the
Town Manager to sign and enter into the lease with CDOT in a form approved by the Town
Attorney.
ATTACHMENTS:
Resolution No. 22, Series of 2011
Exhibit A Frontage Road Draft Lease
Exhibit B 1
Exhibit B 2
ExhibitB 3
ExhibitB 4
11/1/2011
RESOLUTION NO. 22
Series of 2011
A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE TOWN OF VAIL, AND
THE COLORADO DEPARTMENT OF TRANSPORTATION REGARDING PARKING ALONG
THE NON - TRAVEL LANES OF THE INTERSTATE 70 FRONTAGE ROADS LOCATED WITHIN
THE LIMITS OF THE TOWN; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of Colorado
is a home rule municipal corporation duly organized and existing under the laws of the State of
Colorado and the Town Charter (the "Charter ");
WHEREAS, the members of the Town Council of the Town (the "Council ") have been
duly elected and qualified;
WHEREAS, the Town and the Colorado Department of Transportation ( "CDOT ") entered
into a Lease Agreement (the "Lease ") which included a permit parking program utilizing the Vail
Frontage Roads (the "Premises ") for the 2010 -2011 ski season; and
WHEREAS, the Town and CDOT now wish to enter into the Lease to lease the Premises
for the 2011 -2012 ski season.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. The Council hereby approves and authorizes the Town Manager to enter
into the Lease with CDOT, in substantially the same form as attached hereto as Exhibit A and in
a form approved by the Town Attorney.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Vail held this 1st day of November, 2011.
Richard Cleveland,
Town Mayor
ATTEST:
Lorelei Donaldson,
Town Clerk
Resolution No. 22, Series 2011
11/1/2011
4 -1 -1
PROPERTY MGMT.NO.
NO: PROJECT 1 70 -2(7) 183
LOCATION: 1 -70 frontage roads within the
limits of the Town of Vail.
LEASE AGREEMENT
(Vacant Land)
THIS LEASE AGREEMENT made and entered into this day of , by and
between the State of Colorado acting by and through the Colorado Department of Transportation, CDOT,
hereinafter referred to as "Lessor ", and THE TOWN OF VAIL, COLORADO, thereinafter referred to as
"Lessee ".
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree
as follows:
1. PREMISES, Lessor hereby leases and demises unto Lessee the Premises, hereinafter referred
to as "Premises" located along the non - travel lanes of the Interstate 70 (1 -70) frontage roads located
within the limits of the Town of Vail in Eagle County, Colorado. The leased Premises are shown on the
maps attached hereto, made a part hereof and marked "Exhibit A ", consisting of three (3) map sheets.
2. TERM The term of this lease shall begin on the date first above written and end on May 1, 2012,
subject to the cancellation and termination provisions herein.
3. RENT. Subject to the provisions of Section 23(f) below, Lessee shall pay $20,000.00 for the
entire term of this Lease. Payment shall be made payable to the Colorado Department of Transportation
at:
Colo. Dept. of Transportation
C/o Accounting Receipts & Deposits
4201 East Arkansas Ave., Rm. 212
Denver, CO 80222
or at such place as Lessor from time to time designates by notice as provided herein.
In the event Lessor has not received the rental installment hereunder on or before December 30, 2011, a
late charge of five percent (5 %) of the total installment will be assessed to Lessee. In the event the entire
rental fee plus any late fees are not paid to Lessor by Lessee on or before January 30, 2012, Lessee
shall be in default of this Lease Agreement, this Lease shall automatically terminate, Lessee shall vacate
the Premises and Lessor shall be entitled to retain all prior sums paid to Lessor by Lessee.
4. USE. It is understood and agreed that the Lessee intends to use the Premises only for public
permit parking and for general peak period public overflow parking at times Lessee's off - street parking
facilities are anticipated or have reached full capacity. Any other use of the Premises shall constitute a
material breach of this Lease and may, at Lessor's option, cause this Lease to immediately terminate.
5. TAXES, UTILITIES, MAINTENANCE AND OTHER EXPENSES. It is understood and agreed that
this Lease shall be an absolute Net Lease with respect to Lessor, and that all taxes, assessments,
insurance, utilities and other operating costs and the cost of all maintenance, repairs, and improvements,
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and all other direct costs, charges and expenses of any kind whatsoever respecting the Premises shall be
borne by Lessee and not by the Lessor so that the rental return to Lessor shall not be reduced, offset or
diminished directly or indirectly by any cost or charge. Lessee shall maintain the Premises in good repair
and in tenable condition free of trash and debris during the term of this Lease. Lessor shall have the right
to enter the Premises at any time for the purpose of making necessary inspections.
6. HOLD HARMLESS. The Lessee shall save, indemnify and hold harmless the Lessor and the
Federal Highway Administration (FHWA) for any and all liabilities, costs, damage or loss to persons or
property, including death, resulting from this Lease Agreement.
7. OWNERSHIP. The State of Colorado is the owner of the Premises. Lessor warrants and
represents itself to be the authorized agent of the State of Colorado for the purposes of granting this
Lease.
8. LEASE ASSIGNMENT. Lessee shall not assign this Lease and shall not sublet the demised
Premises without specific written permission of the Lessor and will not permit the use of said Premises to
anyone, other than Lessee, its agents or employees, without the prior written consent of Lessor, except
as is hereby authorized pursuant to Sections 23(b) and 23(c) below.
9. APPLICABLE LAW. The laws of the State of Colorado and rules and regulations issued pursuant
thereto shall be applied in the interpretation, execution and enforcement of this Lease. Any provision of
this Lease, whether or not incorporated herein by reference, which provides for arbitration by any extra-
judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be
considered null and void. Nothing contained in any provision incorporated herein by reference which
purports to negate this or any other special provision in whole or in part shall be valid or enforceable or
available in any action at law whether by way of compliant, defense or otherwise. Any provision rendered
null and void by the operation of this provision will not invalidate the remainder of this Lease to the extent
that this agreement is capable of execution.
10. CANCELLATION. Both parties understand that at any time before the scheduled expiration of
the term of this Lease, Lessor has the right to cancel the lease without liability by giving Lessee
30 -day written notice of its intention to cancel the Lease. The notice shall be hand delivered, posted on
the Premises, or sent to the Lessee, at the address of the Lessee contained herein by Certified Mail,
return receipt requested. This Lease may also be canceled by the Lessee by giving the Lessor 30 -day
written notice of its intent to do so.
11. COMPLETE AGREEMENT. This Lease, including all exhibits, supersedes any and all prior
written or oral agreements and there are no covenants, conditions or agreements between the parties
except as set forth herein. No prior or contemporaneous addition, deletion, or other amendment hereto
shall have any force or affect whatsoever unless embodied herein in writing. No subsequent novation,
renewal, addition, deletion or other amendment hereto shall have any force or effect unless embodied in
a written contract executed and approved pursuant to the State Fiscal Rules.
12. CAPTIONS, CONSTRUCTION, AND LEASE EFFECT. The captions and headings used in this
Lease are for identification only, and shall be disregarded in any construction of the lease provisions. All
of the terms of this Lease shall inure to the benefit of and be binding upon the respective heirs,
successors, and assigns of both the Lessor and the Lessee. If any provision of this Lease shall be
determined to be invalid, illegal, or without force by a court of law or rendered so by legislative act then
the remaining provisions of this Lease shall remain in full force and effect.
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13. NO BENEFICIAL INTEREST. The signatories aver that to their knowledge, no state employee
has any personal or beneficial interest whatsoever in the service or property described herein.
14. NO VIOLATION OF LAW. The Lessee shall not commit, nor permit the commission of, any act or
thing, which shall be a violation of any ordinance of the municipality, City, County, or of any law of the
State of Colorado or the United States. The Lessee shall not use the Premises for any manner, which
shall constitute a nuisance or public annoyance. The signatories hereto aver that they are familiar with
18 -8 -301, et seq., (Bribery and Corrupt Influences) and 18 -8 -401, et seq., (Abuse of Public Office),
C.R.S., as amended, and that no violation of such provisions is present. The signatories aver that to their
knowledge, no state employee has any personal or beneficial interest whatsoever in the service or
property described herein.
15. NOTICE. Any notice required or permitted by this Lease may be delivered in person or sent by
registered or certified mail, return receipt requested, to the party at the address as hereinafter provided,
and if sent by mail it shall be effective when posted in the U.S. Mail Depository with sufficient postage
attached thereto:
LESSOR: LESSEE:
Colo. Dept. of Transportation Town of Vail
Attn: Property Management Manager Attn: Town Manager
15285 S. Golden Rd., Bldg. 47 75 South Frontage Road
Golden, Colorado 80401 Vail, Colorado 81657
Notice of change of address shall be treated as any other notice. The Lessee warrants that the address
listed above is the Lessee's current mailing address and that the Lessee will notify the Lessor in writing of
any changes in that address within ten (10) days of such change.
16. HOLDING OVER. Lessee shall not occupy or use the Premises, nor allow any other party to
occupy or use the Premises, after the expiration or sooner termination of this Lease. Lessee shall not
become a Holdover Lessee or month -to -month tenant upon expiration or earlier termination of this Lease.
17. CHIEF ENGINEER'S APPROVAL. This Lease shall not be deemed valid until it has been
approved by the Chief Engineer of the Colorado Department of Transportation and by the Lessee.
18. HAZARDOUS MATERIALS. The Lessee agrees to defend, indemnify and hold harmless the
Lessor and any employees, agents, contractors, and officials of the Lessor against any and all damages,
claims, liability, loss, fines or expenses, including attorneys fees and litigation costs, related to the
presence, disposal, release or clean -up of any contaminants, hazardous materials or pollutants on, over,
under, from or affecting the property subject to this Lease, which contaminants or hazardous materials
the Lessee or its employees, agents, contractors, officials or sub - lessees have caused to be located,
disposed, or released on the Premises. Lessee shall also be responsible for all damages, claims and
liability to the soil, water, vegetation, buildings or personal property located thereon as well as any
personal injury or property damage related to such contaminants or hazardous materials.
19. NO NEW PERMANENT STRUCTURES OR IMPROVEMENTS. No new permanent structures or
improvements of any kind shall be erected or moved upon the Premises by Lessee without the express
written prior permission of Lessor. Any such structure or improvement erected or moved upon the
Premises without the express written consent of Lessor may be immediately removed by Lessor at the
expense of Lessee. Further, any structures, improvements or items of any kind remaining on the
Premises at the termination of the Lease will be considered abandoned by Lessee and may be
immediately removed by Lessor at Lessee's expense.
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20. BINDING AGREEMENT. This Lease shall be binding upon and inure to the benefit of the
partners, heirs, executors, administrators, and successors of the respective parties hereto.
21. DEFAULT. If: (1) Lessee shall fail to pay any rent or other sum payable hereunder for a period of
10 days after the same is due; (2) Lessee shall fail to observe, keep or perform any of the other terms,
agreements or conditions contained herein or in regulations to be observed or performed by Lessee and
such default continues for a period of 30 days after notice by Lessor; (3) This Lease or any interest of
Lessee hereunder shall be levied upon by any attachment or execution, then any such event shall
constitute an event of default by Lessee. Upon the occurrence of any event of default by Lessee
hereunder, Lessor may, at its option and without any further notice or demand, in addition to any other
rights and remedies given hereunder or by law, do any of the following:
(a) Lessor shall have the right, so long as such default continues, to give notice of termination to
Lessee. On the date specified in such notice (which shall not be less than 3 days after the giving of such
notice) this Lease shall terminate.
(b) In the event of any such termination of this Lease, Lessor may then or at any time thereafter,
re -enter the Premises and remove therefrom all persons and property and again repossess and enjoy the
Premises, without prejudice to any other remedies that Lessor may have by reason of Lessee's default or
of such termination.
(c) The amount of damages which Lessor may recover in event of such termination shall include,
without limitation, (1) the amount at the time of award of unpaid rental earned and other sums owed by
Lessee to Lessor hereunder, as of the time of termination, together with interest thereon as provided in
this Lease, (2) all legal expenses and other related costs incurred by Lessor following Lessee's default
including reasonable attorneys' fees incurred in collecting any amount owed hereunder (3) any damages
to the Premises beyond its present condition.
(d) Upon Lessee's failure to remove its personal property from the Premises after the expiration
of the term of this Lease, Lessor may in its sole discretion, without notice to or demand upon Lessee,
remove, sell or dispose of any and all personal property located on the Premises. Lessee waives all
claims for damages that may be caused by Lessor's removal of property as herein provided.
22. INSURANCE. (Revised 2006 per State Controller Requirements)
(a) The Lessee shall obtain and maintain, at all times during the duration of this Lease,
insurance in the kinds and amounts detailed below. The Lessee shall require any Contractor working for
Lessee on the Premises to obtain like coverage. The following insurance requirements must be in effect
during the entire term of the Lease. Lessee shall, at its sole cost and expense, obtain insurance on its
inventory, equipment and all other personal property located on the Premises against loss resulting from
fire, theft or other casualty.
(b) Workers' Compensation Insurance as required by State statute, and Employer's Liability
Insurance covering all employees acting within the course and scope of their employment and work on
the activities authorized by this Lease in Paragraph 4.
(c) Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93
or equivalent, covering Premises operations, fire damage, independent Consultants, blanket contractual
liability, personal injury, and advertising liability with minimum limits as follows:
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1. $1,000,000 each occurrence;
2. $2,000,000 general aggregate;
3. $50,000 any one fire.
If any aggregate limit is reduced below, $1,000,000 because of claims made or paid, the Lessee,
or as applicable, its Contractor, shall immediately obtain additional insurance to restore the full
aggregate limit and furnish to CDOT a certificate or other document satisfactory to CDOT
showing compliance with this provision.
(d) If any operations are anticipated that might in any way result in the creation of a pollution
exposure, Lessee shall also provide Pollution Legal Liability Insurance with minimum limits of liability of
$1,000,000 Each Claim and $1,000,000 Annual Aggregate. CDOT shall be named as an Additional
Insured to the Pollution Legal Liability policy. The Policy shall be written on a Claims Made form, with an
extended reporting period of at least two year following finalization of the Lease.
(e) Umbrella or Excess Liability Insurance with minimum limits of $1,000,000. This policy
shall become primary (drop down) in the event the primary Liability Policy limits are impaired or
exhausted. The Policy shall be written on an Occurrence form and shall be following form of the primary.
The following form Excess Liability shall include CDOT as an Additional Insured.
(f) CDOT shall be named as Additional Insured on the Commercial General Liability
Insurance policy. Coverage required by the Lease will be primary over any insurance or self- insurance
program carried by the State of Colorado.
(g) The Insurance shall include provisions preventing cancellation or non - renewal without at
least 30 days prior notice to CDOT by certified mail to the address contained in this document.
(h) The insurance policies related to the Lease shall include clauses stating that each carrier
will waive all rights of recovery, under subrogation or otherwise, against CDOT, its agencies, institutions,
organizations, officers, agents, employees and volunteers.
(i) All policies evidencing the insurance coverage required hereunder shall be issued by
insurance companies satisfactory to CDOT.
(j) In order for this lease to be executed, the Lessee, or as applicable, its Contractor, shall
provide certificates showing insurance coverage required by this Lease to CDOT prior to the execution of
this lease. No later than 30 days prior to the expiration date of any such coverage, the Lessee or
Contractor shall deliver to the Notice Address of CDOT certificates of insurance evidencing renewals
thereof. At any time during the term of this Lease, CDOT may request in writing, and the Lessee or
Contractor shall thereupon within 10 days supply to CDOT, evidence satisfactory to CDOT of compliance
with the provisions of this section. Insurance coverage must be in effect or this lease is in default.
(k) Notwithstanding subsection (a.) of this section, if the Lessee is a "public entity" within the
meaning of the Colorado Governmental Immunity Act CRS 24 -10 -101, et seq., as amended ( "Act'), the
Lessee shall at all times during the term of this Lease maintain only such liability insurance, by
commercial policy or self- insurance, as is necessary to meet its liabilities under the Act. Upon request by
CDOT, the Lessee shall show proof of such insurance satisfactory to CDOT. Public entity Lessees are
not required to name CDOT as an Additional Insured.
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(1) If the Lessee engages a Contractor to act independently from the Lessee on the Premises,
that Contractor shall be required to provide an endorsement naming CDOT as an Additional Insured on
their Commercial General Liability, and Umbrella or Excess Liability policies.
23. ADDITIONAL PROVISIONS.
(a) No parking shall be allowed in any area within the 1 -70 clear zone. Additionally, no parking
shall be allowed in any area that Tacks sufficient shoulder width to allow a parked vehicle to
be located completely out of any adjacent travel lane and which does not provide adequate
protections to pedestrians from moving vehicles.
(b) Lessor and Lessee have been collaborating to develop and implement improvements to the
frontage roads at standards which are acceptable to both CDOT and FHWA to provide safe
operations for motorists and pedestrians. As a result, Lessor and Lessee agree that
Lessee's use of the Premises during this lease term or any future lease shall be contingent
upon Lessee, at no cost or expense to Lessor except as provided in Section 23(b)i10
below, completing the improvements described and within the timeframes described in this
Section and depicted on Exhibit "B" attached hereto and incorporated herein by reference.
i. Widening the north shoulder of the South Frontage Road from mileposts 176.3 to
177.0, together with the installation of curb and gutter from mileposts 176.5 to 177.0,
all in accordance with the plans and specifications related to CDOT Special Use
Permit #311046 -S. This work, labeled VAIL VALLEY DR — EAST FORD PARK on
Exhibit "B ", shall be completed on or before January 1, 2012.
ii. Installing guard rail adjacent to the shoulder of eastbound 1 -70 from approximate
milepost 175.31 to approximate milepost 175.81 and widening the north shoulder of
the South Frontage Road from approximate milepost 175.31 to approximate milepost
175.84. This work, labeled LIONSHEAD on Exhibit "B ", shall be completed on or
before Scptcmbcr 1, 2012 November 1, 2013.
iii. Re Removing the existing pavement striping along the South Frontage from
approximate milepost 176.15 to approximate milepost 176.43. This work, labeled
VAIL VILLAGE RE- STRIPE on Exhibit "B ", shall be completed on or before September
1, 2012. _ eesor agrees to thereafter perform the work of installing new
pavement striping at this location.
iv. Installing guard rail adjacent to the shoulder of westbound 1 -70 from approximate
milepost 172.98 to approximate milepost 173.2. This work, labeled WEST VAIL
NORTH INSTALL GUARDRAIL, shall be completed on or before September 1, 2012.
v. Installing guard rail adjacent to the shoulder of westbound 1 -70 from approximate
milepost 173.51 to approximate milepost 173.64, together with the installation of a
bust stop adjacent to the south of the north frontage road at approximate milepost
173.65. This work, labeled SAFEWAY /CITY MARKET INSTALL GUARDRAIL /BUS
SHELTER on Exhibit "B ", shall be completed on or before September 1, 2012.
vi. Installing parking lane improvements to the north frontage road from approximate
milepost 173.5 to approximate milepost 173.82. This work, labeled SAFEWAY /CITY
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MARKET PARKING LANE IMPROVEMENTS on Exhibit "B ", shall be completed on or
before September 1, 2013.
vii. Installing parking lane improvements to the north frontage road from approximate
milepost 172.98 to approximate milepost 173.32. This work, labeled WEST VAIL
NORTH PARKING LANE IMPROVEMENTS on Exhibit "B ", shall be completed on or
before September 1, 2-9-1-3 2014.
viii. Installing parking lane improvements to the north frontage road from approximate
milepost 175.80 to approximate milepost 176.05. This work, labeled MIDDLE CREEK
on Exhibit "B ", shall be completed on or before September 1, 2014.
ix. Installing parking lane improvements along the north side of the south frontage road
from approximate milepost 174.43 to approximate milepost 174.72 and along the
south side of the south frontage road from approximate milepost 174.48 to
approximate milepost 174.53. This work, labeled CASCADE on Exhibit "B ", shall be
completed on or before September 1, 2014.
(c) The parties agree that, in the event any of the improvements described in Section 23(b)
above are deleted or altered by mutual agreement between the parties, parking adjacent to
the deleted areas will be prohibited and will not be included in future lease agreements
Lessor will reevaluate the type and amount of parking spaces which may be allowed
adjacent to such areas based on standards that provide safe operations for motorists
and pedestrians.
(d) In the event Lessee completes the installation of improvements described in Section 23(b) to
the satisfaction of Lessor and FHWA and within the time described for each improvement,
Lessee shall have an option to lease the premises for public parking for one (1) successive
three (3) year term, subject to the terms and conditions to be negotiated by the parties prior
to the commencement of said three (3) year term.
(e) Lessee may issue a maximum of three - hundred (300) permits to parking patrons to allow
parking during the term of this Lease. Vail may charge fees for said permits subject to the
terms and conditions stated in Section 23(f) below; provided, however, that the issuance of
such permits shall be made without any type of discrimination prohibited by the laws of the
United States of America and /or the State of Colorado. Permit holders are not to be
considered as sub - lessees under this Lease Agreement; no condition or restriction imposed
or created by Lessee with respect to the issuance of such permits shall serve to lessen, sever
or assign the duties, obligations, covenants, pledges and promises of Lessee as contained in
this Lease. In the event this Lease is terminated prior to its expiration and Lessor retakes
possession of the Premises, Lessor shall have no duty, obligation or liability with respect to
the holder of any permit whose priviledges to utilize the parking permits are fundamentally
revoked as a result of such Lease termination; all such liabilities shall remain with Lessee.
(f) Lessee shall keep an accurate accounting of the actual fees it has collected for permits
issued pursuant to Section 23(e) above. Lessee pledges to give Lessor a certified copy of
such accounting within ten (10) days following the expiration or earlier termination of this
Lease. In the event the sums collected by Lessee exceed $20,000, Lessee shall pay all such
sums in excess of $20,000 to Lessor; said sums shall be due and payable by Lessee within
thirty (30) days following the expiration or earlier termination of this Lease.
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(g) Lessee shall promptly notify CDOT each time Lessee's off - street parking facilities have
exceeded capacity, thus causing overflow parking into the South Frontage Road right -of -way.
Said notices shall include the date that overflow parking occurred.
(h) Lessee shall not use the Premises nor allow any other party to use the Premises for any
purpose not specifically authorized by this Lease nor for any purpose prohibited by the State
of Colorado and /or the FHWA.
(i) Lessee shall not allow, nor cause to be allowed, parking within any clear zone area for 1 -70.
Lessee shall, at no cost or expense to Lessor, cause any vehicle parked within any clear
zone area to be immediately towed.
(j) Lessee shall provide and maintain conspicuous delineation, including directional control by
Lessee's employees and agents, of permit parking areas, overflow parking areas and areas
where parking is strictly prohibited.
(k) Lessee shall ensure that parking upon the Premises shall not interfere with any portion of the
adjoining 1 -70 and with the 1 -70 frontage road travel lanes. Lessee shall further ensure that
parking upon the Premises shall not interfere with Lessor's or Lessor's approved installation,
operation, maintenance and repair of any utilities or drainage facilities located on, above,
over, under, through, across or adjacent to the Premises.
(1) In the event Lessee complies with and abides by each and every term, covenant,
condition, restriction, duty and obligation to be met by Lessee during the term of this
Lease, Lessor agrees to make diligent efforts to remove all or portions of the Frontage
Roads within the Vail Town limits from the Interstate right -of -way; provided, however,
that the parties understand Lessor cannot guarantee the success of obtaining various
approvals required to accomplish the foregoing.
(m) This Lease shall not be deemed valid unless it has been approved by the FHWA.
IN WITNESS WHEREOF, the parties hereto have executed this lease agreement on the day and year
first above written.
LESSEE:
Town of Vail
By
(Name)
Title
Federal Tax Identification Number
STATE OF
ss
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COUNTY OF
The foregoing instrument was subscribed and sworn to before me this _ day of ,
by as of the Town of Vail.
Witness my hand and official seal.
My commission expires
Notary Public
Address:
LESSOR:
ATTEST: COLORADO DEPARTMENT OF
TRANSPORTATION
Bernhardt K. Rasmussen, TIMOTHY J. HARRIS, P.E.
Chief Clerk Chief Engineer
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SECTION, (0 -3 DAYS) WEST VAIL NORTH
SECTION 2 (4 -30 DAYS) INSTALL GUARDRAIL 2012
SECTION 3 (30 DAYS) PARKING LANE IMPROVEMENTS 2014 g
LEASE AGREEMENT / �. s a y a
PARAGRAPHS 23.(b)iv., vi /
yr ! 1
SAFEWAY /CITY MARKET
INSTALL GUARDRAIL 2012
LEASE AGREEMENT PARKING LANE IMPROVEMENTS 2013
!
PARAGRAPHS 23.(b)v. vi Y N ' � -r r# ,i f , I % � 1 -
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MIDDLE CREEK
2014
LEASE AGREEMENT �' ,. k „ a ` :11.
PARAGRAPH 23.(b)viii. �' , -
_
3 -
SECTION 1 (0 -3 DAYS) CASCADE
SECTION 2 (4 -30 DAYS) 2014
SECTION 3 (30+ DAYS) " e og
€rt w_aPe
LEASE AGREEMENT x�
PARAGRAPH 23.(b)ix. — =
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-
LIONSHEAD
2012
LEASE AGREEMENT
PARAGRAPH 23 (b) 1
�- ,- n BE i . nit ! ,. - 7 e� 0 7
VAIL VILLAGE
RE- STRIPE 2012
EASE AGREEMENT
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SECTION 1 (0 -3 DAYS)
SECTION 2 (4 -30 DAYS) i
] SECTION 3 (30+ DAYS)
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LEASE AGREEMENT
PARAGRAPH 23.(b)i. VAIL VALLEY DR - EAST FORD PARK
FALL 2011
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i
vmsemm , P A R K I N G THRU LANE THRU LANE SHOULDER/
4' i I BIKE LANE A
.... —
SECTION 1
0-3 DAYS
802 00 SCALE
THRU LANE THRU LANE SHOULDER/
PARKING
1 I BIKE LANE
4 12' 12' 6.
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THRU LANE THRU LANE
W/C&G SHOULDER/
MNWP* 1 1 BIKE LANE
8'
2' 12' 6'
"":..4*.1.L‘111~-ti.WWW:42....ZOS.4t4LinaNZIKWW49,M - .
SECTION 2
4 - 30 DAYS
NOT TO SO.
THRU LANE THRU LANE
SIDEWALK PARKING
SHOULDER/
6'
1 1 BIKE LANE
1 1 8.
I 12.
f- 12' 6'
I—I - -
........
%SWAP • • • • • • ;NA.n.
SECTION 3 --
30+ DAYS •
NOT TO SCALE -..
1 6 I
- c(C:'.
TOM [ F Ni
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: November 1, 2011
ITEM /TOPIC: Authorization to continue negotiations with Vail Timber Ridge, LLC for the
redevelopment of a portion of the Timber Ridge housing project.
PRESENTER(S): Stan Zemler
ACTION REQUESTED OF COUNCIL: Authorize the Town Manager and staff to continue
negotiations with Vail Timber Ridge, LLC for a period of 90 days.
BACKGROUND: The Town of Vail and Vail Timber Ridge, LLC are parties to a certain
Predevelopment Agreement dated November 11, 2009 (the "Agreement ") which contemplates,
among other things, the redevelopment of approximately half of the site commonly known as
Timber Ridge. The Agreement is set to expire by its own terms on November 11, 2011.
Although the Agreement is set to expire, the Town Council wishes to continue to negotiate with
Vail Timber Ridge, LLC in an effort to come to terms of a new agreement.
STAFF RECOMMENDATION: Authorize the Town Manager and staff to continue
negotiations with Vail Timber Ridge, LLC for the redevelopment of a portion of the Timber
Ridge housing project.
11/1/2011
T t? 4'V' �J [ F 'U, i'
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: November 1, 2011
ITEM /TOPIC: First reading of Ordinance No. 22, Series of 2011, an ordinance amending Title
11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulations
Amendment, Vail Town Code, to establish outdoor ski staging signage, and Title 12, Zoning
Regulations, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to
establish outdoor ski staging as an accessory use in the Commercial Core 1, Lionshead Mixed
Use 1, Lionshead Mixed Use 2, Ski Base Recreation and Ski Base Recreation 2 Districts and
to establish basket storage as an accessory use in the Commercial Core 1, Commercial Core
2, Commercial Core 3, Lionshead Mixed Use 1, Lionshead Mixed Use 2, Ski Base Recreation
and Ski Base Recreation 2 Districts, and setting forth details in regard thereto. (PEC110054)
PRESENTER(S): Rachel Dimond
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with
modifications, or deny Ordinance No. 22, Series of 2011, upon first reading.
BACKGROUND: The background, problem statement, goals and council direction are
outlined in the Staff memorandum to the Planning and Environmental Commission dated
October 24, 2011.
STAFF RECOMMENDATION: At their October 24, 2011 hearing, the Planning and
Environmental Commission forwarded a recommendation with modifications to the Vail Town
Council for the proposed amendments.
ATTACHMENTS:
Ordinance No. 22, Series of 2011 Memo
Ordinance No. 22, Series of 2011 Attachment A
Ordinance No. 22, Series of 2011 Attachment B
Ordinance No. 22, Series of 2011 Attachment C
11/1/2011
TOWN OF VAIL'
Memorandum
TO: Vail Town Council
FROM: Community Development Department
DATE: November 1, 2011
SUBJECT: First reading of Ordinance No. 22, Series of 2011, an ordinance amending Title
11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed
Regulations Amendment, Vail Town Code, to establish outdoor ski staging
signage, and Title 12, Zoning Regulations, Vail Town Code, pursuant to Section
12 -3 -7, Amendment, Vail Town Code, to establish outdoor ski staging as an
accessory use in the Commercial Core 1, Lionshead Mixed Use 1, Lionshead
Mixed Use 2, Ski Base Recreation and Ski Base Recreation 2 Districts and to
establish basket storage as an accessory use in the Commercial Core 1,
Commercial Core 2, Commercial Core 3, Lionshead Mixed Use 1, Lionshead
Mixed Use 2, Ski Base Recreation and Ski Base Recreation 2 Districts, and
setting forth details in regard thereto. (PEC110054)
Applicant: Town of Vail
Planner: Rachel Dimond
SUMMARY
The applicant, the Town of Vail, is requesting a first reading of Ordinance No. 22, Series
of 2011. The proposed amendments in this ordinance are summarized as follows:
• Establish "outdoor ski staging" as an accessory use to permitted retail, skier
services, commercial ski storage and lodges in the CC1, LMU -1, LMU -2, SBR
and SBR -2 Districts, with use specific criteria governing this new activity.
• Establish regulations for outdoor ski staging signs that allows six (6) square feet
of signage subject to design review.
• Create a definition for basket storage and add basket storage as an accessory
use to businesses that conduct rental activity in the CC1, CC2, CC3, LMU -1,
LMU -2, SBR and SBR -2 Districts.
• Add a reference to 12- 14 -21, Outdoor Display of Goods, Vail Town Code, to
location of business activity regulations that allow outdoor display of goods.
• Amend regulations for location of business activity to allow outdoor ski staging.
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6 -1 -1
II. BACKGROUND
The general background, problem statement, goals and council direction are outlined in
the Staff memorandum to the Planning and Environmental Commission dated October
24, 2011.
At their October 24, 2011 hearing, the Planning and Environmental Commission
forwarded a recommendation with modifications to the Vail Town Council for the
proposed amendments. The recommended modifications are as follows:
1. The proposed regulations shall be amended to establish outdoor ski staging as
an accessory use only, not a conditional use.
2. Design review approval of outdoor ski staging shall be valid for no more than one
year.
3. An additional provision in the supplemental regulations shall be added to only
allow the amount of outdoor ski staging necessary to operate the business.
4. Section 11 -7 -17, Outdoor Ski Staging Signs, shall be amended as Section 11 -7-
18.
5. The duration of use section shall be amended to allow outdoor ski staging from
6am until the close of the associated business.
6. Outdoor ski staging shall be permitted without any design review approval until
December 18, 2011 in order to allow this use to occur at the start of the ski
season and provide time for business owners to submit applications, after which
design review shall be required.
7. By May 1, 2014, the PEC and Town Council shall review the outdoor ski staging
regulations to evaluate the use and regulations and determine if amendments
should be explored.
The above modifications are reflected in Ordinance No. 22, Series of 2011. To address
PEC's modification #7, there is a whereas statement that references future discussion
of the ordinance by May 1, 2014. However, Staff finds that in order to address
modification #7, the ordinance should actually have a sunset clause that terminates the
ordinance on May 1, 2014. This will ensure that the additional review of the ordinance
and subsequent action will occur. As such, Staff recommends approval with a
modification to Ordinance No. 22, Series of 2011.
III. ACTION REQUESTED OF THE COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance
No. 22, Series of 2011, upon first reading.
Should the Vail Town Council choose to approve Ordinance No. 22, Series of 2011, the
Community Development Department recommends the Council passes the following
motion:
Town of Vail Page 2
11/1/2011
6 -1 -2
"The Vail Town Council approves Ordinance No. 22, Series of 2011, an
ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to
Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to
establish outdoor ski staging signage, and Title 12, Zoning Regulations, Vail
Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to
establish outdoor ski staging as an accessory use in the Commercial Core 1,
Lionshead Mixed Use 1, Lionshead Mixed Use 2, Ski Base Recreation and Ski
Base Recreation 2 Districts and to establish basket storage as an accessory use
in the Commercial Core 1, Commercial Core 2, Commercial Core 3, Lionshead
Mixed Use 1, Lionshead Mixed Use 2, Ski Base Recreation and Ski Base
Recreation 2 Districts, and setting forth details in regard thereto."
Should the Vail Town Council choose to approve Ordinance No. 22, Series of 2011 with
conditions, the Community Development Department recommends the Council passes
the following condition:
The ordinance shall be amended to include a clause terminating the ordinance
on May 1, 2014."
Should the Vail Town Council choose to approve Ordinance No. 22, Series of 2011, the
Community Development Department recommends the Council makes the following
findings:
"Based upon the review of the criteria outlined in the October 24, 2011,
memorandum to the Planning and Environmental Commission, and the evidence
and testimony presented, the Vail Town Council finds:
1. The amendment is consistent with the applicable elements of the adopted
goals, objectives and policies outlined in the Vail Comprehensive Plan and is
compatible with the development objectives of the Town; and
2. The amendment furthers the general and specific purposes of the Zoning
Regulations outlined in Section 12 -1 -2, Purpose, Vail Town Code; and
3. The amendment promotes the health, safety, morals, and general welfare of
the Town and promotes the coordinated and harmonious development of the
Town in a manner that conserves and enhances its natural environment and
its established character as a resort and residential community of the highest
quality."
IV. ATTACHMENTS
A. Ordinance No. 22, Series 2011
B. PEC memorandum dated October 24, 2011
C. PowerPoint presentation dated November 1, 2011
Town of Vail Page 3
11/1/2011
6 -1 -3
ORDINANCE NO. 22
Series of 2011
AN ORDINANCE AMENDING TITLE 11, SIGN REGULATIONS, VAIL TOWN CODE,
PURSUANT TO SECTION 11 -3 -3, PRESCRIBED REGULATIONS AMENDMENT, VAIL TOWN
CODE, TO ESTABLISH OUTDOOR SKI STAGING SIGNAGE, AND TITLE 12, ZONING
REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 12 -3 -7, AMENDMENT, VAIL
TOWN CODE, TO ESTABLISH OUTDOOR SKI STAGING AS AN ACCESSORY USE IN THE
COMMERCIAL CORE 1, LIONSHEAD MIXED USE 1, LIONSHEAD MIXED USE 2, SKI BASE
RECREATION AND SKI BASE RECREATION 2 DISTRICTS AND TO ESTABLISH BASKET
STORAGE AS AN ACCESSORY USE IN THE COMMERCIAL CORE 1, COMMERCIAL CORE
2, COMMERCIAL CORE 3, LIONSHEAD MIXED USE 1, LIONSHEAD MIXED USE 2, SKI
BASE RECREATION AND SKI BASE RECREATION 2 DISTRICTS, AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, hotels have introduced ski concierge services in close proximity to ski lifts to
improve customer service, and include the temporary outdoor storage of skis and snowboards
on portable racks to facilitate distribution of equipment to guests.
WHEREAS, ski concierge services are not contemplated by the Vail Town Code, as this
type of service did not exist when the current regulations were adopted and as a result, the
Town has no underlying policy direction on this subject, and thus, interpretations by Staff may
result in arbitrary rulings, inequities, unfairness or inconsistencies;
WHEREAS, regulations establishing outdoor ski staging as an accessory use will allow
ski concierge services to provide for the distribution and collection of ski equipment on the
exterior of the building; and
WHEREAS, outdoor ski staging will improve the guest experience and enhance
customer service by reducing the amount of time guests are carrying their ski equipment, and
thus, will allow guests to frequent retail and eating and drinking establishments without the
burden of skis, thus increasing the livelihood and activity in the commercial cores.
WHEREAS, the Planning and Environmental Commission of the Town of Vail has held
public hearings on the proposed amendments in accordance with the provisions of the Vail
Town Code of the Town of Vail;
WHEREAS, the Planning and Environmental Commission of the Town of Vail has
recommended approval with modification of these amendments at its October 24, 2011
meeting, and has submitted its recommendation to the Vail Town Council;
WHEREAS, the Planning and Environmental Commission of the Town of Vail
recommends that the Vail Town Council re- evaluates this ordinance by May 1, 2014 to
determine whether amendments should be explored as a result of the outcomes of the program;
WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of Colorado
is a home rule municipal corporation duly organized and existing under the laws of the State of
Colorado and the Town Charter (the "Charter");
Ordinance No. 22, Series 2011 1
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WHEREAS, the members of the Town Council of the Town (the "Council ") have been
duly elected and qualified;
WHEREAS, the Vail Town Council finds that the proposed amendments are consistent
with the applicable elements of the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and are compatible with the development objectives of the Town;
WHEREAS, the Vail Town Council finds that the proposed amendments further the
general and specific purposes of Title 12, Zoning Regulations, Vail Town Code;
WHEREAS, the Vail Town Council finds that the proposed amendments promote the
health, safety, morals, and general welfare of the Town and promote the coordinated and
harmonious development of the Town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential community of the highest
quality;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Purpose
The purpose of this ordinance is to establish outdoor ski staging as an accessory use, which will
facilitate the collection and distribution of ski equipment on the exterior of commercial ski
storage, lodging, skier services and retail establishments that conduct rental activity and /or
commercial ski storage, thus enhancing customer service and improving the guest experience.
Section 2. Section 11 -2 -1, Definitions Enumerated, Vail Town Code is hereby amended as
follows:
SECTION 11 -2 -1: DEFINITIONS ENUMERATED:
Outdoor Ski Staging: An outdoor arrangement of skis, snowboards, poles
and other similar equipment to facilitate distribution and collection to
owners and renters of equipment, located outside of a business that rents
and /or stores ski equipment, where skis, snowboards, poles and other
similar equipment are stored overnight in an approved commercial ski
storage associated land use location.
Section 3. Section 11 -7 -18, Outdoor Ski Staging Signs, Vail Town Code, is hereby
established as follows:
SECTION 11 -7 -18: OUTDOOR SKI STAGING SIGNS:
A. Description: Outdoor ski staging signs shall be described as any
signage associated with or identifying outdoor ski staging activity.
B. Applicability: Outdoor ski staging signs shall only be permitted in
conjunction with approved outdoor ski staging.
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C. Number: Subject to design review.
D. Location: Outdoor ski staging signs shall be located within approved
outdoor ski staging areas, including on racks and associated elements.
E. Type: Outdoor ski staging signs may be freestanding, wall, awning.
F. Area: The combined area of all permitted outdoor ski staging signs
shall not exceed six (6) square feet.
G. Lighting: No lighting shall be permitted in association with outdoor ski
staging signs.
Section 4. Section 12 -2 -2, Definitions, Enumerated, Vail Town Code, is hereby amended as
follows:
SECTION 12 -2 -2: DEFINITIONS, ENUMERATED:
Basket Storage: Storage for clothing, boots, shoes and other accessory
skiing items, not including skis, snowboards and poles, in a basket or
locker, whether for a fee or for free, and either an individual land use or as
an accessory use to a skier services or retail establishment that conducts
rental activity
Commercial Ski Storage: Storage for equipment (skis, snowboards, boots and
poles) and /or clothing used in skiing related sports, which is available to the
public or members, operated by a business, club or government organization,
and where a fee is charged for hourly, daily, monthly, seasonal or annual usage.
Ski storage that is part of a lodge, or dwelling unit, in which a fee is not charged,
is not considered commercial ski storage.
Frontage, Business: The horizontal, linear dimension of any side of an
above grade level that fronts a major vehicular or pedestrian way and has
its own public entrance for the exclusive use of said business
Outdoor Display: A temporary outdoor arrangement of objects, items, or products
representative of the merchandise sold or rented by a retail establishment, and
further regulated by section 12 -14 -21 of this title. Outdoor display does not
include any outdoor ski staging.
Outdoor Ski Staging: An outdoor arrangement of skis, snowboards, poles
and other similar equipment, not including boots and clothing, to facilitate
distribution and collection to owners and renters of equipment, located
outside of a business that rents and /or stores ski equipment, where skis,
snowboards, poles and other similar equipment are stored overnight in an
approved commercial ski storage associated land use location.
Section 5. Article 12 -61, Housing District, Vail Town Code, is hereby amended as follows:
ARTICLE 12 -6I: HOUSING (H) DISTRICT:
Ordinance No. 22, Series 2011 3
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6 -2 -3
12 -61 -9: LOCATION OF BUSINESS ACTIVITY:
B. Outdoor display Areas: The area to be used for outdoor display must
be located directly in front of the establishment displaying the goods
and entirely upon the establishment's own property. Sidewalks,
building entrances and exits, driveways and streets shall not be
obstructed by outdoor display. Outdoor displays shall comply with
Section 12 -14 -21 of this Code.
Section 6. Article 12 -7B, Commercial Core 1 District, Vail Town Code, is hereby amended
as follows:
ARTICLE 12 -7B, COMMERCIAL CORE 1 DISTRICT:
12 -7B -9: ACCESSORY USES:
The following accessory uses shall be permitted in the CC 1 district:
Basket storage operated in conjunction with permitted retail
establishments that engage in rental activity.
Outdoor ski staging operated in conjunction with permitted retail
establishments, skier services, commercial ski storage and lodges,
as further regulated by Section 12- 14 -22.
12- 7B -18: LOCATION OF BUSINESS ACTIVITY:
A. Limitations; Exception: All offices, businesses, and services permitted
by sections 12 -7B -2 through 12 -7B -5 of this article, shall be operated
and conducted entirely within a building, except for permitted
unenclosed parking or loading areas, outdoor ski staging and the
outdoor display of goods.
B. Outdoor Displays: The area to be used for outdoor display must be
located directly in front of the establishment displaying the goods and
entirely upon the establishment's own property. Sidewalks, building
entrances and exits, driveways and streets shall not be obstructed by
outdoor display. Outdoor displays shall comply with Section 12-
14-21 of this Code.
C. Outdoor ski staging: Outdoor ski staging shall comply with all
regulations in Section 12 -14 -22 of this title.
Section 7. Article 12 -7C, Commercial Core 2 District, Vail Town Code, is hereby amended
as follows:
ARTICLE 12 -7C: COMMERCIAL CORE 2 (CC2) DISTRICT:
12 -7C -6: ACCESSORY USES:
The following accessory uses shall be permitted in the CC2 district:
Ordinance No. 22, Series 2011 4
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Basket storage operated in conjunction with permitted retail
establishments that engage in rental activity.
12- 7C -14: LOCATION OF BUSINESS ACTIVITY:
B. Outdoor Displays: The area to be used for outdoor display must be
located directly in front of the establishment displaying the goods and
entirely upon the establishment's own property. Sidewalks, building
entrances and exits, driveways and streets shall not be obstructed by
outdoor display. Outdoor displays shall comply with Section 12-
14-21 of this Code.
Section 8. Article 12 -7D, Commercial Core 3 District, Vail Town Code, is hereby amended
as follows:
ARTICLE 12 -7D: COMMERCIAL CORE 3 (CC3) DISTRICT:
12 -7D -3: ACCESSORY USES:
The following accessory uses shall be permitted in the commercial core 3
district:
Basket storage operated in conjunction with permitted retail
establishments that engage in rental activity.
12- 7D -11: LOCATION OF BUSINESS ACTIVITY:
B. Outdoor Display Areas: The area to be used for outdoor display must
be located directly in front of the establishment displaying the goods
and entirely upon the establishment's own property. Sidewalks,
building entrances and exits, driveways and streets shall not be
obstructed by outdoor display. Outdoor displays shall comply with
Section 12 -14 -21 of this Code.
Section 9. Article 12 -7E, Commercial Service Center District, Vail Town Code, is hereby
amended as follows:
ARTICLE 12 -7E: COMMERCIAL SERVICE CENTER (CSC) DISTRICT:
12- 7E -13: LOCATION OF BUSINESS ACTIVITY:
B. Outdoor Display: The area to be used for outdoor display must be
located directly in front of the establishment displaying the goods and
entirely upon the establishment's own property. Sidewalks, building
entrances and exits, driveways and streets shall not be obstructed by
outdoor display. Outdoor displays shall comply with Section 12-
14-21 of this Code.
Section 10. Article 12 -7H, Lionshead Mixed Use 1 District, Vail Town Code, is hereby
amended as follows:
Ordinance No. 22, Series 2011 5
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6 -2 -5
ARTICLE 12 -7H, LIONSHEAD MIXED USE 1 (LMU -1) DISTRICT:
12 -7H -6: ACCESSORY USES:
The following accessory uses shall be permitted in the Lionshead mixed
use 1 district:
Basket storage operated in conjunction with permitted retail
establishments and /or skier services that engage in rental activity.
Outdoor ski staging operated in conjunction with permitted retail
establishments, skier services, commercial ski storage and lodges,
as further regulated by Section 12- 14 -22.
12- 7H -17: LOCATION OF BUSINESS ACTIVITY:
A. Limitations; Exception: All offices, businesses and services permitted
by zone district shall be operated and conducted entirely within a
building, except for permitted unenclosed parking or loading areas,
outdoor ski staging, the outdoor display of goods, or outdoor
restaurant seating.
B. Outdoor Displays: The area to be used for outdoor display must be
located directly in front of the establishment displaying the goods and
entirely upon the establishment's own property. Sidewalks, building
entrances and exits, driveways and streets shall not be obstructed by
outdoor display. Outdoor displays shall comply with Section 12-
14-21 of this Code.
C. Outdoor ski staging: Outdoor ski staging shall comply with all
regulations in Section 12 -14 -22 of this title.
Section 11. Article 12 -71, Lionshead Mixed Use 2 District, Vail Town Code, is hereby
amended as follows:
ARTICLE 12 -7I: LIONSHEAD MIXED USE 2 (LMU -2) DISTRICT:
12-71-6: ACCESSORY USES:
The following accessory uses shall be permitted in the Lionshead mixed
use 2 district:
Basket storage operated in conjunction with permitted retail
establishments and /or skier services that engage in rental activity.
Outdoor ski staging operated in conjunction with permitted retail
establishments, skier services, commercial ski storage and lodges,
as further regulated by Section 12- 14 -22.
12-71-17: LOCATION OF BUSINESS ACTIVITY:
B. Outdoor Displays: The area to be used for outdoor display must
be located directly in front of the establishment displaying the goods and
entirely upon the establishment's own property. Sidewalks, building
Ordinance No. 22, Series 2011 6
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6 -2 -6
entrances and exits, driveways and streets shall not be obstructed by
outdoor display. Outdoor displays shall comply with Section 12 -14 -21
of this Code.
C. Outdoor ski staging shall comply with all regulations in Section
12 -14 -22 of this title.
Section 12. Article 12 -8D, Ski Base /Recreation District, Vail Town Code, is hereby amended
as follows:
ARTICLE 12 -8D: SKI BASE /RECREATION (SBR) DISTRICT:
12 -8D -4: ACCESSORY USES:
The following accessory uses shall be permitted in the ski base /recreation
district:
Outdoor ski staging operated in conjunction with permitted retail
establishments, skier services, commercial ski storage and lodges,
as further regulated by Section 12- 14 -22.
12 -8D -5: LOCATION OF BUSINESS ACTIVITY:
All offices and retail sales conducted in the ski base /recreation district shall be
operated and conducted entirely within a building except for approved special
events, outdoor ski staging and food and beverage vending.
Section 13. Article 12 -8E, Ski Base /Recreation 2 District, Vail Town Code, is hereby
amended as follows:
ARTICLE 12 -8E: SKI BASE /RECREATION 2 (SBR2) DISTRICT:
12 -8E -4: ACCESSORY USES:
The following accessory uses shall be permitted in the ski base /recreation 2
district:
Basket storage operated in conjunction with permitted retail
establishments and /or skier services that engage in rental activity.
Outdoor ski staging operated in conjunction with permitted retail
establishments, skier services, commercial ski storage and lodges, as
further regulated by Section 12- 14 -22.
12 -8E -5: LOCATION OF BUSINESS ACTIVITY:
A. Limitations; Exception: All offices, retail sales, and commercial ski storage
conducted in the ski base /recreation 2 (SBR2) district shall be operated and
conducted entirely within a building, except for approved special community
events, outdoor display of goods, outdoor ski storage and outdoor
restaurant seating.
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6 -2 -7
B. Outdoor Displays: The area to be used for outdoor display must be located
directly in front of the establishment displaying the goods and entirely upon
the establishment's own property. Sidewalks, building entrances and exits,
driveways and streets shall not be obstructed by outdoor display. Outdoor
displays shall comply with Section 12 -14 -21 of this Code.
C. Outdoor ski staging shall comply with all regulations in Section 12 -14 -22
of this title.
Section 14. Section 12- 14 -22, Outdoor Ski Staging, Vail Town Code, is hereby established
as follows:
12- 14 -22: OUTDOOR SKI STAGING:
A. Purpose: The purpose of this section is to establish regulations for the
outdoor staging, distribution and collection of ski equipment for the
purpose of providing improved customer service and enhanced guest
experience while maintaining aesthetic harmony with the mountain
setting and the alpine village atmosphere of the Town.
B. Applicability: Outdoor ski staging may be permitted as an accessory
use to retail establishments, skier services, commercial ski storage and
lodges that conduct ski equipment rental and/or commercial ski storage
activity in the following zone districts, and shall be prohibited in all
zone districts not listed:
1. Commercial core 1 (CC1) district
2. Lionshead mixed use 1 (LMU -1) district
3. Lionshead mixed use 2 (LMU -2) district
4. Ski base/recreation (SBR) district
5. Ski base/recreation 2 (SBR2) district
C. Review Required: Outdoor ski staging, where permitted by the
provisions of this title, are subject to design review pursuant to Chapter
12 -11, Design Review, Vail Town Code after December 18, 2011. Design
review approval shall be valid for no more than one year.
D. Requirements: Where permitted, outdoor ski staging shall be subject to
the following requirements:
1. Location: Outdoor ski staging may be located along a business
frontage. It may also be located on or directly adjacent to the ski
yard. Outdoor ski staging and associated areas for circulation
should be entirely within the property boundaries of the
establishment unless permitted to utilize public property under an
approved license agreement or when given written approval by
property owner for outdoor ski staging on or adjacent to a ski yard.
Outdoor ski staging shall not impede circulation and shall not block
or encroach upon the required ingress /egress of doorways,
walkways, stairways, connection of exit discharge to the public way,
fire lanes parking or loading /delivery spaces or access to trash
receptacles, dumpsters, mailboxes, manholes, water valves,
flowerbeds or other landscape areas. Outdoor ski staging shall
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6 -2 -8
maintain a minimum distance to fire hydrants of seven feet (7) to
side or rear, and fourteen feet (14) to the front.
2. Street and Sidewalk Width: Streets shall maintain a minimum width
of twenty -two feet (22') to provide access for emergency vehicles
and secondary pedestrian streets and paths that do not require
emergency vehicle access shall maintain a minimum width of six
feet (6), or the minimum width necessary to provide access for
emergency vehicles and circulation for the public, as determined by
the Administrator.
3. Aesthetics: Outdoor ski staging racks and associated elements shall
not visually detract from or block storefront or shop windows as
viewed from the public right -of -way, and shall not create a cluttered
look. Racks and associated equipment shall be limited to the
minimal amount necessary to operate the business. Outdoor ski
staging racks and associated elements shall be compatible with
existing structures, their surrounding and with Vail's environment.
Compatibility can be achieved through the proper consideration of
scale, proportions, materials and colors. The design of outdoor ski
staging racks and associated elements shall promote the openness,
attractiveness and established character of the resort community.
4. Duration of Use: Outdoor ski staging racks shall be freestanding,
temporary in nature, and shall only be permitted in the approved
exterior location from 6 am until the associated business is closed.
Outdoor ski staging is only permitted when Vail Mountain is open for
the public ski season.
5. Overnight storage: Ski equipment shall be stored overnight in an
approved location for commercial ski storage or similar use, as
determined by the Administrator. Racks and associated elements
shall not be stored in the aisles of retail areas, but may be stored in
rental areas with no retail component.
6. Associated elements: Tents or similar coverings, tables, chairs,
podiums and barricades of a temporary nature may be permitted
should they meet the other requirements of this section.
7. Height: No part of any outdoor ski staging rack or associated
elements, except ski equipment, awnings and tents, shall extend
more than six feet (6) above existing grade.
8. Staffing: An employee of the associated business shall be present
outside at all approved outdoor ski staging location at all times
during outdoor ski staging hours to assist customers in the
distribution and collection of ski equipment.
9. Maintenance: All approved racks, signage, tents and fences,
including their support structures and related racks, shall be kept in
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6 -2 -9
good repair; this includes replacement and repainting when
appropriate, and other actions that contribute to attractive outdoor
ski staging. All hardware shall be properly painted and finished, as
approved.
10. Signage: Signage is subject to the regulations of Section 11 -7 -18 of
this code.
11. Compliance Burden: It shall be the burden of the applicant to prove
by a preponderance of the evidence before the applicable design
review entity that the proposed exterior alteration or new
development is in compliance with the purposes of the Zoning
Regulations, all applicable regulations adopted by the Town of Vail,
that the proposal is consistent with the applicable elements of the
Vail Comprehensive Plan and that the proposal does not otherwise
have a significant negative effect on the character of the
neighborhood.
Section 15. 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 16. 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 17. 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 18. 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 1S day of November, 2011 and a public
hearing for second reading of this Ordinance set for the 15 day November, 2011, at 6:00 P.M.
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Richard D. Cleveland, Mayor
ATTEST:
Ordinance No. 22, Series 2011 10
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6 -2- 10
Lorelei Donaldson, Town Clerk
Ordinance No. 22, Series 2011 1 1
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6 -2- 11
TOWN OF VAIL'
Memorandum
To: Planning and Environmental Commission
From: Community Development Department
Date: October 24, 2011
Subject: A request for a recommendation to the Vail Town Council for prescribed
regulation amendments to Title 12, Zoning Regulations, Vail Town Code,
pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to amend the
regulation of indoor and outdoor ski storage, and setting forth details in regard
thereto. (PEC110054)
Applicant: Town of Vail
Planner: Rachel Dimond
SUMMARY
The applicant, the Town of Vail, is requesting a recommendation to the Vail Town
Council for prescribed regulations amendments to establish outdoor ski staging as a
land use.
Based on the evidence and testimony presented at this hearing, and the criteria in
Section V, Staff recommends that the Planning and Environmental Commission
recommend approval, with modifications, to the Vail Town Council for the proposed
amendments.
II. DESCRIPTION OF THE REQUEST
The following problem statement, goal and council direction provide a summary of the
issues that are being addressed with the proposed regulations amendments:
Problem Statement
Hotels have introduced ski concierge services in close proximity to ski lifts to improve
customer service. These ski concierge services often include the temporary outdoor
storage of skis and snowboards on portable racks to facilitate distribution of equipment
to guests. Ski concierge services are not contemplated by the Vail Town Code, as this
type of service did not exist when the current regulations were adopted. The use has
been permitted on the interior as part of accessory lodge, commercial ski storage and
retail. As a result, the Town has no underlying policy direction on this subject, and thus,
interpretations by Staff may result in arbitrary rulings, inequities, unfairness or
inconsistencies.
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6 -3 -1
Goals
• Improve customer service and the guest experience by providing opportunities for
guests to store their ski equipment and /or boots after on- mountain activity, thus
enhancing vibrancy in the commercial cores.
• Create regulations that are equitable, fair, clear and concise and not arbitrary or
capricious.
• Provide clear expectations that result in a consistent outcome.
• Create a streamlined review process.
• Create regulations that are enforceable.
• Maintain adequate circulation and pedestrian safety in commercial cores and in the
ski yard.
• New outdoor activity should not negatively impact right -of -way.
• Establish regulations that will match outdoor ski staging with the world class
mountain resort community appearance of Vail.
Council Direction
The Vail Town Council has established a goal of improving the guest experience and
providing exceptional customer service. In order to achieve this goal, the Vail Town
Council has directed Staff to propose amendments to the Zoning Regulations with the
objective being to get skis out of guests' hands. The ability for guests to walk around
without skis and boots would also strengthen the vitality of the commercial cores by
increasing the critical mass of people present after on- mountain activities. There are
two different aspects to this, with hourly ski valet and overnight ski valet, as well as
services for boot storage.
Staff believes the following factors should be considered when contemplating outdoor
staging and /or storage of skis:
• Applicable zone districts
• Whether ski equipment should be permitted outside during the daytime,
nighttime, or both
• Permit requirements
• Location on private property and /or in the right -of -way
• Relationship to storefront windows
• Types of businesses to be permitted to have this outdoor activity
• Pop -up tents, fencing and /or barricades
• Signage identifying activity and associated businesses
• Employee presence for facilitation of distribution and receipt
• Standards for rack design
In response to the Town Council and PEC direction, Staff drafted proposed regulations,
which are summarized as follows:
• Establish "outdoor ski staging" as a conditional use in the CC1, LMU -1, LMU -2,
SBR and SBR -2, with use specific criteria to direct the PEC review.
• Establish regulations for outdoor ski staging signs that allows six (6) square feet
of signage subject to design review.
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6 -3 -2
• Create a definition for basket storage.
• Add a reference to the outdoor display of goods regulations where mentioned in
the location of business activity regulations.
• Clarify regulations on location of business activity to allow outdoor ski staging.
The following are proposed prescribed regulations amendments to the Zoning
Regulations outlined above (additions are in bold and deletions are in strikcthrough):
TITLE 11, SIGN REGULATIONS, VAIL TOWN CODE:
SECTION 11 -2 -1: DEFINITIONS ENUMERATED:
Outdoor Ski Staging: An outdoor arrangement of skis, snowboards, poles and
other similar equipment to facilitate distribution and collection to owners and
renters of equipment, located outside of a business that rents and /or stores ski
equipment, where skis, snowboards, poles and other similar equipment are
stored overnight in an approved commercial ski storage associated land use
location.
CHAPTER 11 -7: OTHER SIGNS:
SECTION 11 -7 -17: OUTDOOR SKI STAGING SIGNS:
A. Description: Outdoor ski staging signs shall be described as any
signage associated with or identifying outdoor ski staging activity.
B. Applicability: Outdoor ski staging signs shall only be permitted in
conjunction with approved outdoor ski staging.
C. Number: Subject to design review.
D. Location: Outdoor ski staging signs shall be located within approved
outdoor ski staging areas, including on racks and associated elements.
E. Type: Outdoor ski staging signs may be freestanding, wall, awning.
F. Area: No more than six (6) square feet of outdoor ski staging signs
shall be permitted.
G. Lighting: No lighting shall be permitted in association with outdoor ski
staging signs.
SECTION 12 -2 -2: DEFINITIONS, ENUMERATED:
Basket Storage: Storage for clothing, boots, shoes and other accessory skiing
items, not including skis, snowboards and poles, in a basket or locker, whether
for a fee or for free, and either an individual land use or as an accessory use to a
skier services or retail establishment that conducts rental activity
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Commercial Ski Storage: Storage for equipment (skis, snowboards, boots and poles)
and /or clothing used in skiing related sports, which is available to the public or
members, operated by a business, club or government organization, and where a fee is
charged for hourly, daily, monthly, seasonal or annual usage. Ski storage that is part of
a lodge, or dwelling unit, in which a fee is not charged, is not considered commercial ski
storage.
Frontage, Business: The horizontal, linear dimension of any side of an above
grade level that fronts a major vehicular or pedestrian way and has its own public
entrance for the exclusive use of said business
Outdoor Display: A temporary outdoor arrangement of objects, items, or products
representative of the merchandise sold or rented by a retail establishment, and further
regulated by section 12 -14 -21 of this title. Outdoor display does not include any
outdoor ski staging.
Outdoor Ski Staging: An outdoor arrangement of skis, snowboards, poles and
other similar equipment, not including boots and clothing, to facilitate distribution
and collection to owners and renters of equipment, located outside of a business
that rents and /or stores ski equipment, where skis, snowboards, poles and other
similar equipment are stored overnight in an approved commercial ski storage
associated land use location.
ARTICLE 12 -61: HOUSING (H) DISTRICT:
12 -61 -9: LOCATION OF BUSINESS ACTIVITY:
B. Outdoor display Areas: The area to be used for outdoor display must be
located directly in front of the establishment displaying the goods and entirely
upon the establishment's own property. Sidewalks, building entrances and
exits, driveways and streets shall not be obstructed by outdoor display.
Outdoor displays shall comply with Section 12 -14 -21 of this Code.
ARTICLE 12 -7B: COMMERCIAL CORE 1 (CC1) DISTRICT:
12 -7B -2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN
LEVEL:
B. Conditional Uses: The following uses shall be permitted in basement or
garden levels within a structure, subject to issuance of a conditional use
permit in accordance with the provisions of chapter 16 of this title:
Outdoor ski staging operated in conjunction with permitted retail
establishments, skier services, commercial ski storage and lodges, as
further regulated by Section 12- 14 -22.
12 -7B -3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET
LEVEL:
B. Conditional Uses: The following uses shall be permitted on the first floor or
street level floor within a structure, subject to issuance of a conditional use
permit in accordance with the provisions of chapter 16 of this title:
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Outdoor ski staging operated in conjunction with permitted retail
establishments, skier services, commercial ski storage and lodges, as
further regulated by Section 12- 14 -22.
12 -7B -9: ACCESSORY USES:
The following accessory uses shall be permitted in the CC1 district:
Basket storage operated in conjunction with permitted retail establishments
that engage in rental activity.
12- 7B -18: LOCATION OF BUSINESS ACTIVITY:
A. Limitations; Exception: All offices, businesses, and services permitted by
sections 12 -7B -2 through 12 -7B -5 of this article, shall be operated and
conducted entirely within a building, except for permitted unenclosed parking
or loading areas, outdoor ski staging and the outdoor display of goods.
B. Outdoor Displays: The area to be used for outdoor display must be located
directly in front of the establishment displaying the goods and entirely upon
the establishment's own property. Sidewalks, building entrances and exits,
driveways and streets shall not be obstructed by outdoor display. Outdoor
displays shall comply with Section 12 -14 -21 of this Code.
C. Outdoor ski staging: Outdoor ski staging shall comply with all
regulations in Section 12 -14 -22 of this title.
ARTICLE 12 -7C: COMMERCIAL CORE 2 (CC2) DISTRICT:
12 -7C -6: ACCESSORY USES:
The following accessory uses shall be permitted in the CC2 district:
Basket storage operated in conjunction with permitted retail establishments
that engage in rental activity.
12- 7C -14: LOCATION OF BUSINESS ACTIVITY:
B. Outdoor Displays: The area to be used for outdoor display must be located
directly in front of the establishment displaying the goods and entirely upon
the establishment's own property. Sidewalks, building entrances and exits,
driveways and streets shall not be obstructed by outdoor display. Outdoor
displays shall comply with Section 12 -14 -21 of this Code.
ARTICLE 12 -7D: COMMERCIAL CORE 3 (CC3) DISTRICT:
12 -7D -3: ACCESSORY USES:
The following accessory uses shall be permitted in the commercial core 3 district:
Basket storage operated in conjunction with permitted retail establishments
that engage in rental activity.
12- 7D -11: LOCATION OF BUSINESS ACTIVITY:
B. Outdoor Display Areas: The area to be used for outdoor display must be
located directly in front of the establishment displaying the goods and entirely
upon the establishment's own property. Sidewalks, building entrances and
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exits, driveways and streets shall not be obstructed by outdoor display.
Outdoor displays shall comply with Section 12 -14 -21 of this Code.
ARTICLE 12 -7E: COMMERCIAL SERVICE CENTER (CSC) DISTRICT:
12- 7E -13: LOCATION OF BUSINESS ACTIVITY:
B. Outdoor Display: The area to be used for outdoor display must be located
directly in front of the establishment displaying the goods and entirely upon
the establishment's own property. Sidewalks, building entrances and exits,
driveways and streets shall not be obstructed by outdoor display. Outdoor
displays shall comply with Section 12 -14 -21 of this Code.
ARTICLE 12 -7H: LIONSHEAD MIXED USE 1 (LMU -1) DISTRICT:
12 -7H -2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN
LEVEL:
B. Conditional Uses: The following uses shall be permitted in basement or
garden levels within a structure, subject to issuance of a conditional use
permit in accordance with the provisions of chapter 16 of this title:
Outdoor ski staging operated in conjunction with permitted retail
establishments, skier services, commercial ski storage and lodges, as
further regulated by Section 12- 14 -22.
12 -7H -3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET
LEVEL:
B. Conditional Uses: The following uses shall be permitted on the first floor or
street level floor within a structure, subject to issuance of a conditional use
permit in accordance with the provisions of chapter 16 of this title:
Outdoor ski staging operated in conjunction with permitted retail
establishments, skier services, commercial ski storage and lodges, as
further regulated by Section 12- 14 -22.
12 -7H -6: ACCESSORY USES:
The following accessory uses shall be permitted in the Lionshead mixed use 1
district:
Basket storage operated in conjunction with permitted retail establishments
and /or skier services that engage in rental activity.
12- 7H -17: LOCATION OF BUSINESS ACTIVITY:
A. Limitations; Exception: All offices, businesses and services permitted by zone
district shall be operated and conducted entirely within a building, except for
permitted unenclosed parking or loading areas, outdoor ski staging, the
outdoor display of goods, or outdoor restaurant seating.
B. Outdoor Displays: The area to be used for outdoor display must be located
directly in front of the establishment displaying the goods and entirely upon
the establishment's own property. Sidewalks, building entrances and exits,
driveways and streets shall not be obstructed by outdoor display. Outdoor
displays shall comply with Section 12 -14 -21 of this Code.
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C. Outdoor ski staging: Outdoor ski staging shall comply with all
regulations in Section 12 -14 -22 of this title.
ARTICLE 12 -71: LIONSHEAD MIXED USE 2 (LMU -2) DISTRICT:
12 -71 -2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN
LEVEL:
C. Conditional Uses: The following uses shall be permitted in basement or
garden levels within a structure, subject to issuance of a conditional use
permit in accordance with the provisions of chapter 16 of this title:
Outdoor ski staging operated in conjunction with permitted retail
establishments, skier services, commercial ski storage and lodges, as
further regulated by Section 12- 14 -22.
12 -71 -3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET
LEVEL:
C. Conditional Uses: The following uses shall be permitted on the first floor or
street level floor within a structure, subject to issuance of a conditional use
permit in accordance with the provisions of chapter 16 of this title:
Outdoor ski staging operated in conjunction with permitted retail
establishments, skier services, commercial ski storage and lodges, as
further regulated by Section 12- 14 -22.
12 -71 -6: ACCESSORY USES:
The following accessory uses shall be permitted in the Lionshead mixed use 2
district:
Basket storage operated in conjunction with permitted retail establishments
and /or skier services that engage in rental activity.
12- 71 -17: LOCATION OF BUSINESS ACTIVITY:
B. Outdoor Displays: The area to be used for outdoor display must be located
directly in front of the establishment displaying the goods and entirely upon
the establishment's own property. Sidewalks, building entrances and exits,
driveways and streets shall not be obstructed by outdoor display. Outdoor
displays shall comply with Section 12 -14 -21 of this Code.
C. Outdoor ski staging shall comply with all regulations in Section 12 -14 -22
of this title.
ARTICLE 12 -8D: SKI BASE /RECREATION (SBR) DISTRICT:
12 -8D -3: CONDITIONAL USES:
Outdoor ski staging operated in conjunction with permitted retail
establishments, skier services, commercial ski storage and lodges, as further
regulated by Section 12- 14 -22.
12 -8D -5: LOCATION OF BUSINESS ACTIVITY:
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All offices and retail sales conducted in the ski base /recreation district shall be
operated and conducted entirely within a building except for approved special
events, outdoor ski staging and food and beverage vending.
ARTICLE 12 -8E: SKI BASE /RECREATION 2 (SBR2) DISTRICT:
12 -8E -3: CONDITIONAL USES:
Outdoor ski staging operated in conjunction with permitted retail
establishments, skier services, commercial ski storage and lodges, as further
regulated by Section 12- 14 -22.
12 -8E -4: ACCESSORY USES:
The following accessory uses shall be permitted in the ski base /recreation 2 district:
Basket storage operated in conjunction with permitted retail establishments
and /or skier services that engage in rental activity.
12 -8E -5: LOCATION OF BUSINESS ACTIVITY:
A. Limitations; Exception: All offices, retail sales, and commercial ski storage
conducted in the ski base /recreation 2 (SBR2) district shall be operated and
conducted entirely within a building, except for approved special community
events, outdoor display of goods, outdoor ski storage and outdoor
restaurant seating.
B. Outdoor Displays: The area to be used for outdoor display must be located
directly in front of the establishment displaying the goods and entirely upon
the establishment's own property. Sidewalks, building entrances and exits,
driveways and streets shall not be obstructed by outdoor display. Outdoor
displays shall comply with Section 12 -14 -21 of this Code.
C. Outdoor ski staging shall comply with all regulations in Section 12 -14 -22
of this title.
CHAPTER 12 -16: CONDITIONAL USE PERMITS:
12 -16 -7: USE SPECIFIC CRITERIA AND STANDARDS:
The following criteria and standards shall be applicable to the uses listed below
in consideration of a conditional use permit. These criteria and standards shall be
in addition to the criteria and findings required by section 12 -16 -6 of this chapter.
A. Uses And Criteria:
12- 16- 7A -17: OUTDOOR SKI STAGING:
a. The extent to which the proposed use meets the supplemental
regulations in Section 12- 14 -22.
CHAPTER 12 -14: SUPPLEMENTAL REGULATIONS:
12- 14 -22: OUTDOOR SKI STAGING:
A. Purpose: The purpose of this section is to establish regulations for the
outdoor staging, distribution and collection of ski equipment for the
purpose of providing improved customer service and enhanced guest
experience while maintaining aesthetic harmony with the mountain
setting and the alpine village atmosphere of the Town.
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B. Applicability: Outdoor ski staging may be permitted as an accessory
use to retail establishments, skier services, commercial ski storage and
lodges that conduct ski equipment rental and /or commercial ski storage
activity in the following zone districts, and shall be prohibited in all zone
districts not listed:
1. Commercial core 1 (CC1) district
2. Lionshead mixed use 1 (LMU -1) district
3. Lionshead mixed use 2 (LMU -2) district
4. Ski base /recreation (SBR) district
5. Ski base /recreation 2 (SBR2) district
C. Review Required: Outdoor ski staging, where permitted by the
provisions of this title, are subject to design review pursuant to Chapter
12 -11, Design Review, Vail Town Code.
D. Requirements: Where permitted, outdoor ski staging shall be subject to
the following requirements:
1. Location: Outdoor ski staging may be located along a business
frontage. It may also be located on or directly adjacent to the ski
yard. Outdoor ski staging and associated areas for circulation
should be entirely within the property boundaries of the
establishment unless permitted to utilize public property under an
approved license agreement or when given written approval by
property owner for outdoor ski staging on or adjacent to a ski yard.
Outdoor ski staging shall not impede circulation and shall not block
or encroach upon the required ingress /egress of doorways,
walkways, stairways, connection of exit discharge to the public way,
fire lanes parking or loading /delivery spaces or access to trash
receptacles, dumpsters, mailboxes, manholes, water valves,
flowerbeds or other landscape areas. Outdoor ski staging shall
maintain a minimum distance to fire hydrants of seven feet (7') to
side or rear, and fourteen feet (14') to the front.
2. Street and Sidewalk Width: Streets shall maintain a minimum width
of twenty -two feet (22') to provide access for emergency vehicles and
secondary pedestrian streets and paths that do not require
emergency vehicle access shall maintain a minimum width of six feet
(6), or the minimum width necessary to provide access for
emergency vehicles and circulation for the public, as determined by
the Administrator.
3. Aesthetics: Outdoor ski staging racks and associated elements shall
not visually detract from or block storefront or shop windows as
viewed from the public right -of -way, and shall not create a cluttered
look. Outdoor ski staging racks and associated elements shall be
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compatible with existing structures, their surrounding and with Vail's
environment. Compatibility can be achieved through the proper
consideration of scale, proportions, materials and colors. The
design of outdoor ski staging racks and associated elements shall
promote the openness, attractiveness and established character of
the resort community.
4. Duration of Use: Outdoor ski staging racks shall be freestanding,
temporary in nature, and shall only be permitted in the approved
exterior location between the hours of 6 am and 7 pm. Outdoor ski
staging is only permitted when Vail Mountain is open for the public
ski season.
5. Overnight storage: Racks, associated elements and ski equipment
shall be stored overnight in an approved location for commercial ski
storage or similar use. Racks, associated elements and ski
equipment shall not be stored in the aisles of retail areas.
6. Associated elements: Tents or similar coverings, tables, chairs,
podiums and barricades of a temporary nature may be permitted
should they meet the other requirements of this section.
7. Height: No part of any outdoor ski staging rack or associated
elements, except ski equipment, awnings and tents, shall extend
more than six feet (6') above existing grade.
8. Staffing: An employee of the associated business shall be present
outside at all approved outdoor ski staging location at all times
during outdoor ski staging hours to assist customers in the
distribution and collection of ski equipment.
9. Maintenance: All approved racks, signage, tents and fences,
including their support structures and related racks, shall be kept in
good repair; this includes replacement and repainting when
appropriate, and other actions that contribute to attractive outdoor
ski staging. All hardware shall be properly painted and finished, as
approved.
10. Signage: Signage is subject to the regulations of Section 11 -7 -17 of
this code.
11. Compliance Burden: It shall be the burden of the applicant to prove
by a preponderance of the evidence before the applicable design
review entity that the proposed exterior alteration or new
development is in compliance with the purposes of the Zoning
Regulations, all applicable regulations adopted by the Town of Vail,
that the proposal is consistent with the applicable elements of the
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Vail Comprehensive Plan and that the proposal does not otherwise
have a significant negative effect on the character of the
neighborhood.
III. BACKGROUND
On September 16, 1975, the Vail Town Council adopted Ordinance No. 16, Series of
1975, An Ordinance Amending Zoning Ordinance by Imposing Horizontal Zoning in
CCI. The purpose of this ordinance was to maintain and preserve the character of
the Vail commercial area ", to continue the balance between the many commercial
and residential uses permitted in the Commercial Core 1 District ", and to promote a
variety of retail shops at the pedestrian level."
Ordinance No. 26, Series of 1989 was adopted to amend the Zoning Regulations to
allow commercial ski storage as a permitted use only in the basement and garden level
of buildings in CCI and CCII. In 1999, along with the adoption of the Lionshead Mixed
Use 1 and Lionshead Mixed Use 2 Districts, commercial ski storage became a
permitted use only on lower levels in order to allow for retail and restaurant uses on the
street level.
Horizontal zoning was implemented in the commercial core areas in part to allow
primarily retail and restaurant on the first floor of Vail Village and Lionshead. These are
uses that promote a lively commercial core, and also promote the collection of sales tax.
These uses create a certain feel for visitors that give them shopping and eating
experiences that lead to a positive visit. The Vail Town Code also limits other profitable
uses such as real estate offices to prevent the displacement of these publicly desirable
retail and restaurant uses. Commercial ski storage was prohibited in first floor spaces
because they do not provide a major sales tax flow, and because of their profitability,
they would displace other desirable uses.
In 2001, an application was submitted by the Town of Vail, with Council direction, to
allow commercial ski storage as a conditional use on the first and second floors of
buildings in the Lionshead Mixed Use 1 and Lionshead Mixed Use 2 zone districts. The
application was withdrawn, with Council direction, after the PEC recommended denial of
the proposed amendment. Council directed Staff to clarify the definitions of "basement
and garden level" and "first floor street level." According to the minutes from the August
28, 2001 Vail Town Council meeting, "the issue was raised last spring by Tom Neyens
of Ski Valet, who called the town to express concerns about possible violations by other
businesses in Lionshead. Neyens has testified against expansion of ski storage to the
first floor. Instead, he has advocated strict enforcement of existing regulations and
consistent interpretation of the town code."
In 2009, the Vail Town Council instructed Staff to provide additional information on
commercial ski storage.
Staff returned to the Vail Town Council on July 6, 2010 with policy options for
commercial ski storage. The Vail Town Council stated that commercial ski storage
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should continue to be a prohibited use on the first floor within Vail Village and
Lionshead.
Staff was then instructed to meet with ski storage and ski shop business owners to get
feedback on this issue. The following comments were received from those interviewed:
• On whether commercial ski storage should be permitted on the first floor:
• It should be permitted as accessory to retail and skier services
• It should not be allowed or viewable on the first floor at all
• It should be allowed in marginal spaces
• On how the regulations should be amended:
• All businesses should be treated fairly, with equal rights to ski storage
• The regulations need to be cleared up, to close loopholes and give clear
expectations
• On what customers want:
• Guests want easy access and cheap storage close to the mountain
• Guests do not want to walk up and down stairs in ski boots
• Guests want to store clothes and shoes during the day, and boots and ski
gear at night
The Four Season's ski concierge service is located in the Hong Kong Building and was
approved by the Town Council on July 21, 2009, as an accessory use to a lodge. All
guest skis and guest rentals are stored on site below grade and are placed outside on a
ramp in the right -of -way to distribute and collect during the day. A ski rack and
employee are also stationed at the edge of the ski yard to greet guests and retrieve their
skis.
The Sebastian opened Base Camp in the Vista Bahn Building below Tap Room. This
retail establishment with ski rentals is open to the public and provides basket storage
and ski storage to Sebastian guests for their own skis and rentals. Skis owned by
Sebastian guests are either tuned overnight at Base Camp or are brought back to the
Sebastian for overnight storage due to limitations of commercial ski storage.
The Sonnenalp contracts with the Ski Haus and Tommy's Tunes to provide ski rental to
guests and storage below grade overnight. Ski equipment is placed under a pop -up
tent on private property during the day for guest pickup and drop off.
Vail Resorts, via Specialty Sports Vail, operates public storage at Mountain Plaza and
Lionshead ski yards. Pop -up tents with signage have been used to temporarily store
skis, which are placed below grade overnight.
The Arrabelle, being one the only hotels on the ski yard, along with the private Arrabelle
Club, provides ski storage for guests, with skis brought to the ski yard upon a guest's
arrival to the underground ski lockers.
Commercial ski storage and similar activities are regulated in numerous ways, as
outlined below:
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• Commercial ski storage: Commercial Ski Storage is defined in Section 12 -2 -2,
Definitions, Enumerated, as follows: "Storage for equipment (skis, snowboards,
boots and poles) and /or clothing used in skiing related sports, which is available
to the public or members, operated by a business, club or government
organization, and where a fee is charged for hourly, daily, monthly, seasonal or
annual usage. Ski storage that is part of a lodge, or dwelling unit, in which a fee
is not charged, is not considered commercial ski storage." Commercial ski
storage is listed as a type of personal service permitted on the garden or
basement level in the Commercial Core 1 District. Commercial ski storage is
listed separately from personal services as a permitted use on the garden or
basement level in the Lionshead Mixed Use 1 and 2 Districts. Commercial ski
storage is permitted in the basement or garden level of the Ski Base Recreation
2 District. Examples include Sonnenalp and Tommy's Tunes in the basement of
the Ski Haus, Double Diamond ski lockers in the basement of Lionshead Center,
Vista Bahn Ski Rentals in the basement of the Bridge Street Building, Ski Valet at
Concert Hall Plaza)
• Indoor and outdoor ski storage is listed as a permitted use outside of the lodge in
the Ski Base Recreation District. Also listed as a permitted use in the Ski Base
Recreation District is basket rental, which could be deemed as a more limited
form of storage for all items but skis.
• Determination of similar use to a restaurant: The Vail Town Council determined
that a locker room with food service for Cordillera Club members was similar to a
restaurant on the second floor at the Vista Bahn Building.
• Accessory to a lodge: The Vail Town Council determined that ski lockers for
hotel guests are an accessory use to a lodge, whether on or off -site. The Four
Seasons in the Hong Kong Building is an example of off -site lodge accessory
use, while the Arrabelle ski storage in some aspects is considered accessory to
the lodge. The Marriot has outdoor on -site ski storage that are considered
accessory to the lodge.
• Private Club: There are numerous private clubs, including the Vail Mountain
Club and Arrabelle Club that offer ski lockers below grade as part of club
amenities.
• Accessory to Retail/ rental establishments: There are existing businesses in
Town that are primarily ski rental and /or ski repair and as an accessory use, offer
overnight commercial ski storage. Examples of other types of businesses/ land
uses that offer storage include: businesses that rent and tune skis for periods as
short as overnight or as long as the ski season with storage provided for the
length of the paid services. In this case, businesses advertise as ski storage
facilities, but maintain to the Town of Vail that this is incidental to the ski tuning
business, such as Ski Valet in Lionshead Center. Other rental businesses
provide nightly ski storage for those renting skis, such as Gorsuch and Pepi's.
The Sebastian has their own ski shop in the Vista Bahn Building that serves hotel
guests and the public, and tunes guest skis each night to provide overnight
storage. If skis are not tuned, they are stored at the Sebastian. Most ski rental
businesses provide basket storage for no fee to renters.
• Skier Services: "Skier and guest services including, but not limited to, uses such
as basket rental, lockers " is permitted on all levels of the Ski Base Recreation
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2 District. Skier services is a permitted use on the garden or basement level and
first floor street level and a conditional use on the second floor or above in
Lionshead Mixed Use 1 and 2 Districts. Examples of ski storage as part of skier
services includes the Children's Ski School, and ski lockers in the Lionshead ski
yard.
• Basket rental: Basket rental is permitted as a stand alone use in the SBR and
SBR 2 Districts. These districts both have lockers that function as basket rental.
In other districts, basket rental is considered accessory to rental businesses for
use by rental clients.
• Boot Check: Some businesses have boot check to provide guest comfort and
protect floor surfaces. An example is Bol in Solaris, which checks ski boots at
the door and provides slippers to guests. Staff considers this accessory to the
bowling alley and not part of any ski or basket storage.
• Location of business activities: In CC1, LMU -1, LMU -2, SBR and SBR -2, there
are provisions that require all business activity to occur indoors, with few
exceptions. These provisions were included in the original adoption of these
zone districts, and have been amended over the years to add and subtract types
of activity that can occur outside a structure.
On August 2, 2011, the Vail Town Council directed Staff to work on adopting regulations
to allow ski concierge services and similar businesses to use outdoor space on private
property for ski distribution and collection in order to improve the guest experience.
Further, the Vail Town Council suggested Staff continue to explore ways to get skis out
of guests' hands to enhance customer service.
On September 26, 2011, the Planning and Environmental Commission directed Staff to
create outdoor ski staging as a conditional use in districts adjacent to the ski yard. The
PEC also directed Staff to allow up to 6 square feet of signage. Commissioners
directed Staff not to amend horizontal zoning to allow more basket storage other than
accessory to rental businesses.
IV. APPLICABLE PLANNING DOCUMENTS
TITLE 12: ZONING REGULATIONS (in part):
12 -1 -2: PURPOSE:
A. General: These regulations are enacted for the purpose of promoting the health,
safety, morals, and general welfare of the town, and to promote the coordinated
and harmonious development of the town in a manner that will conserve and
enhance its natural environment and its established character as a resort and
residential community of high quality.
B. Specific: These regulations are intended to achieve the following more specific
purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow,
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and other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation
and to lessen congestion in the streets.
4. To promote adequate and appropriately located off street parking and
loading facilities.
5. To conserve and maintain established community qualities and economic
values.
6. To encourage a harmonious, convenient, workable relationship among land
uses, consistent with municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land
with structures.
8. To safeguard and enhance the appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other
desirable natural features.
10. To assure adequate open space, recreation opportunities, and other
amenities and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
ARTICLE 12 -78, COMMERCIAL CORE 1 (CC1) DISTRICT
12 -78 -1, PURPOSE: The commercial core 1 district is intended to provide sites and
to maintain the unique character of the Vail Village commercial area, with its mixture
of lodges and commercial establishments in a predominantly pedestrian
environment. The commercial core 1 district is intended to ensure adequate light, air,
open space, and other amenities appropriate to the permitted types of buildings and
uses. The zoning regulations in accordance with the Vail Village urban design guide
plan and design considerations prescribe site development standards that are
intended to ensure the maintenance and preservation of the tightly clustered
arrangements of buildings fronting on pedestrianways and public greenways, and to
ensure continuation of the building scale and architectural qualities that distinguish
the village.
ARTICLE 12 -7H, LIONSHEAD MIXED USE 1 (LMU -1) DISTRICT
12 -7H -1, PURPOSE: The Lionshead mixed use 1 district is intended to provide sites
for a mixture of multiple - family dwellings, lodges, hotels, fractional fee clubs,
timeshares, lodge dwelling units, restaurants, offices, skier services, and commercial
establishments in a clustered, unified development. Lionshead mixed use 1 district,
in accordance with the Lionshead redevelopment master plan, is intended to ensure
adequate light, air, open space and other amenities appropriate to the permitted
types of buildings and uses and to maintain the desirable qualities of the zone
district by establishing appropriate site development standards. This zone district is
meant to encourage and provide incentives for redevelopment in accordance with
the Lionshead redevelopment master plan.
This zone district was specifically developed to provide incentives for properties to
redevelop. The ultimate goal of these incentives is to create an economically vibrant
lodging, housing, and commercial core area. The incentives in this zone district
include increases in allowable gross residential floor area, building height, and
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density over the previously established zoning in the Lionshead redevelopment
master plan study area. The primary goal of the incentives is to create economic
conditions favorable to inducing private redevelopment consistent with the
Lionshead redevelopment master plan. Additionally, the incentives are created to
help finance public off site improvements adjacent to redevelopment projects. With
any development /redevelopment proposal taking advantage of the incentives
created herein, the following amenities will be evaluated: streetscape improvements,
pedestrian /bicycle access, public plaza redevelopment, public art, roadway
improvements, and similar improvements.
ARTICLE 12 -71, LIONSHEAD MIXED USE 2 (LMU -2) DISTRICT
12 -71 -1, PURPOSE: The Lionshead mixed use 2 district is intended to provide sites
for a mixture of multiple - family dwellings, lodges, hotels, fractional fee clubs,
timeshares, lodge dwelling units, restaurants, offices, skier services, light industrial
activities, and commercial establishments in a clustered, unified development.
Lionshead mixed use 2 district, in accordance with the Lionshead redevelopment
master plan, is intended to ensure adequate light, air, open space and other
amenities appropriate to the permitted types of buildings and uses and to maintain
the desirable qualities of the zone district by establishing appropriate site
development standards. This zone district is meant to encourage and provide
incentives for redevelopment in accordance with the Lionshead redevelopment
master plan.
This zone district was specifically developed to provide incentives for properties to
redevelop. The ultimate goal of these incentives is to create an economically vibrant
lodging, housing, and commercial core area. The incentives in this zone district
include increases in allowable gross residential floor area, building height, and
density over the previously established zoning in the Lionshead redevelopment
master plan study area. The primary goal of the incentives is to create economic
conditions favorable to inducing private redevelopment consistent with the
Lionshead redevelopment master plan. Additionally, the incentives are created to
help finance public, off site, improvements adjacent to redevelopment projects.
Public amenities which will be evaluated with redevelopment proposals taking
advantage of the incentives created herein may include: streetscape improvements,
pedestrian /bicycle access, public plaza redevelopment, public art, roadway
improvements, and similar improvements.
ARTICLE 12 -8D, SKI BASE /RECREATION (SBR) DISTRICT
SECTION 12 -8D -1, PURPOSE: The ski base /recreation district is intended to
provide for the base facilities necessary to operate the ski mountain and to allow
multi - family residential dwellings as a secondary use if certain criteria are met. In
addition, summer recreational uses and facilities are encouraged to achieve multi -
seasonal use of some of the facilities and provide for efficient use of the facilities.
ARTICLE 12 -8E, SKI BASE /RECREATION 2 (SBR2) DISTRICT
SECTION 12 -8E -1, PURPOSE: The ski base /recreation 2 district is intended to
provide sites for facilities, activities and uses necessary for and appurtenant to the
Town of Vail Page 16
11/1/2011
6 -3- 16
operation of a ski mountain. A variety of other facilities, uses and activities, including,
but not limited to, residential, public and semipublic uses and special community
events typically associated with a vibrant resort community are also permitted within
the zone district. The ski base /recreation 2 district is intended to ensure adequate
light, air, open space and other amenities appropriate to permitted and conditional
uses throughout the zone district. In order to achieve this objective and to ensure
compatibility with adjacent land uses, all permitted uses, development and activity
within the zone district shall be subject to approval of a comprehensive development
plan in accordance with the provisions of this article. Furthermore, due to the
likelihood of this district being located at the base of Vail Mountain, and upon some
of the most critical and important lands to the future success and resort character of
the town, development within this district shall be evaluated based upon its ability to
meet the specific purposes of this title and to provide "compelling public benefits
which further the public interests" that go beyond any economic benefits to the
landowner.
V. REVIEW CRITERIA
The following are review criteria for prescribed regulations amendments, with Staff
response below:
1. The extent to which the text amendment furthers the general and specific
purposes of the Zoning Regulations; and
Staff finds the proposed text amendments further the general purpose of promoting
"the coordinated and harmonious development of the town in a manner that will
conserve and enhance..its established character as a resort.. community of high
quality" by allowing outdoor ski staging and thus improving the guest experience in
our resort community. By making outdoor ski staging a conditional use with specific
use criteria subject to review by the Planning and Environmental Commission with
specific criteria, outdoor ski staging can be reviewed to further the specific purposes
of the Zoning Regulations including securing safety, promoting "safe and efficient
pedestrian and vehicular traffic circulation and to lessen congestion in the streets,"
"safeguard and enhance the appearance of the town" and to "otherwise provide for
the growth of an orderly and viable community." Generally, the improved guest
services and concern for the aesthetics of this use will further the purpose of
conserving and maintaining "established community qualities and economic values."
The proposed amendments to the Sign Regulations will allow up to six (6) square
feet of signage for outdoor ski staging signs. Staff believes this amount of signage
may contribute to clutter and thus, diminish community qualities, which is why Staff
is recommending that signage be reduced to a maximum of three (3) square feet.
Due to the potential for clutter and an unsightly exterior, the proposed regulations for
both signs and other outdoor ski staging requirements may diminish established
community qualities if the reviewing board is not careful to ensure all community
Town of Vail Page 17
11/1/2011
6 -3- 17
goals and qualities are met with the introduction of each outdoor ski staging
operation.
Staff finds that outdoor ski staging as a permitted accessory use instead of a
conditional use may accomplish the same general and specific purposes of the
Zoning Regulations. The following are pros and cons of outdoor ski staging as a
conditional use versus outdoor ski staging as an accessory use that is permitted:
The following are pros and cons of outdoor ski staging as a conditional use:
Pros:
• Additional oversight with Planning and Environmental Commission review
• Process provides discretion and flexibility to review applications on an individual
basis
• Adjacent property owner notification occurs with a conditional use permit review
• Additional enforceability with added layer of review
Cons:
• Extended review timeframe (30+ days)
• Increased application fees ($650 PEC, $250 DRB)
• Additional Staff resources
• The regulations are more flexible to allow review on individual basis, which could
reduce predictability and consistency
The following are pros and cons of outdoor ski staging as an accessory use:
Pros:
• Shorter review timeframe (14+ days)
• Reduced application fees ($250 DRB)
• Reduced Staff resources
Cons:
• No additional oversight with only design review
• No adjacent property owner notification with design review only
2. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and policies
outlined in the Vail Comprehensive Plan and is compatible with the
development objectives of the Town; and
Staff finds the proposed text amendments further the goals, objectives and policies
within the Vail Village Master Plan and the Lionshead Redevelopment Master Plan.
The Lionshead Redevelopment Master Plan suggests that "Skiers are spending less
time skiing and more time shopping, dining out, and enjoying other off - mountain
activities. As a result, the demand for quality retail shopping and a greater diversity
of experiences has dramatically increased. All of these are sorely in need of
Town of Vail Page 18
11/1/2011
6 -3- 18
improvement in Lionshead. Vail, and specifically Lionshead, will fall behind if the
community fails to upgrade the quality of its facilities and correct the existing flaws in
its primary commercial nodes." The provision of outdoor ski staging will improve the
apres ski guest experience and allow for more time to shop and enjoy off - mountain
activities. The Lionshead Redevelopment Master Plan Objective 2.3.2 calls for
vitality and additional amenities, which outdoor ski staging accomplishes.
The provision of outdoor ski staging accomplishes goal #2 of the Vail Village Master
Plan, which is "to foster a strong tourist industry.." Objective 2.2 is to "recognize the
importance of Vail Village as a mixed use center of activities for our guests, visitors
and residents," which outdoor ski storage accomplishes by allowing guests to
transition from skiing to other activities.
3. The extent to which the text amendment demonstrates how conditions have
substantially changed since the adoption of the subject regulation and how
the existing regulation is no longer appropriate or is inapplicable; and
Staff finds that conditions have substantially changed in that a new use is being
demanded by the public, the ski rental industry and the lodging community. The act
of outdoor ski staging occurred last season with no policies or regulations clearly
legislating this use. The current regulations are no longer appropriate and the
proposed regulations will clarify how to deal with this land use. However, it should
be noted that similar activity has occurred inside structures since the inception of
Vail Mountain and skis have been distributed and collected without staging outdoors.
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives.
Staff finds the creation of outdoor ski staging as a conditional use with use specific
criteria on life safety, circulation, aesthetics and location will provide a harmonious,
convenient and workable relationship between outdoor ski staging and other uses
within the Town. The regulations will also further the municipal development
objective of providing enhanced infrastructure to improve the guest experience.
Allowing outdoor ski staging will also enhance the livelihood of the commercial
cores, allowing more people to roam around and shop after skiing.
However, it is imperative that measures be taken to diligently review applications for
outdoor ski staging in order to ensure that the use will be harmonious with the
circulation requirements of the general public.
Outdoor ski staging, if permitted in the right -of -way, may not be consistent with the
municipal development objective to use the right -of -way for public uses. The
purpose of right -of -way is to have public property for uses such as circulation, snow
storage, landscaping, drainage and public events. However, the right -of -way has
been semi - privatized where adjacent to private structures. However, in a mixed -use
environment, it may be detrimental to the Town's goals to allow right -of -way for
Town of Vail Page 19
11/1/2011
6 -3 -19
private use, specifically for outdoor ski storage.
Municipal development objectives have historically allowed location of business
activity to occur outdoors, as the location of business activity regulations were
enacted when most zone districts were established in 1973. Through the years, the
location of business activity regulations have added and eliminated the types of
activity that could occur outside. The proposed regulations would allow a new type
of use outside the business, consistent with the changing regulations of location of
business activity that have responded to uses that are compatible on the exterior of
the business.
5. Such other factors and criteria the Commission and /or Council deem
applicable to the proposed text amendment.
VI. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and
Environmental Commission forwards a recommendation of approval, with
modifications, for prescribed regulation amendments to Title 12, Zoning Regulations,
Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to amend
the regulation of indoor and outdoor ski storage, and setting forth details in regard
thereto. This recommendation is based upon the review of the criteria outlined in
Section V of this memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval for this request, the Community Development
Department recommends the Commission pass the following motion:
"The Planning and Environmental Commission forwards a recommendation of
approval to the Vail Town Council for prescribed regulation amendments to Title
12, Zoning Regulations, Vail Town Code, pursuant to Section 12 -3 -7,
Amendment, Vail Town Code, to amend the regulation of indoor and outdoor ski
storage, and setting forth details in regard thereto."
Should the Planning and Environmental Commission choose to forward a
recommendation of approval with modifications for this request, the Community
Development Department recommends the Commission make the following
modifications:
"1. The proposed regulations shall be amended to establish outdoor ski staging
as an accessory use only, not a conditional use.
2. The proposed regulations shall be amended to allow only three (3) square
feet of signage. "
Should the Planning and Environmental Commission choose to forward a
recommendation of approval for this request, the Community Development Department
Town of Vail Page 20
11/1/2011
6 -3 -20
recommends the Commission makes the following findings based upon a review of
Section V of this memorandum, and the evidence and testimony presented:
"The Planning and Environmental Commission finds:
1. The amendment is consistent with the applicable elements of the adopted
goals, objectives and policies outlined in the Vail Comprehensive Plan and is
compatible with the development objectives of the Town; and
2. The amendment furthers the general and specific purposes of the Zoning
Regulations outlined in Section 12 -1 -2, Purpose, Vail Town Code; and
3. The amendment promotes the health, safety, morals, and general welfare of
the Town and promotes the coordinated and harmonious development of the
Town in a manner that conserves and enhances its natural environment and
its established character as a resort and residential community of the highest
quality."
Town of Vail Page 21
11/1/2011
6 -3 -21
November 1, 2011
Purpose of this Worksession
Ordinance No. 22, Series of 2011
Vail Town Council Hearing —
November i, 2011 1. Inform the Town Council on
j the problem statement and
( _ ' , -_, _ _ goals of this ordinance
R r wP ` �+ 1 Ln 2. Update the Town Council
1 ! j F '
' on the proposed
C' I I @ t . , i �+ r 1 •r kk � , li I • regulations for outdoor ski
. • s a 'a a- � ' '( , i L 1 .`. staging
,
3. Address any questions the
{ a Town Council may have on
'`.
the ordinance
TOWN of Wilt
OOWX OVre' u1 mmm���noe�ei opme�mepa,�me��NO�eme, i,�on
Problem Statement Goals
Hotels have introduced ski concierge services in close • Improve customer service
proximity to ski lifts to improve customer service. These ski
• Enhance vibrancy in the `
concierge services often include the temporary outdoor storage commercial cores. _Q., :i-.
of skis and snowboards on portable racks to facilitate
• Establish regulations that will match suexc syOnowbuard Vale:
distribution of equipment to guests. Ski concierge services are � — c �or'�°�
outdoor ski staging with the world "..1 i. k�a;
not contemplated by the Vail Town Code, as this type of service class mountain resort community 1 i
did not exist when the current regulations were adopted. The appearance of Vail. {a, - o.
use has been permitted on the interior as part of accessory
• Maintain pedestrian circulation and Nit , I
lodge, commercial ski storage and retail. As a result, the Town safety in commercial cores and in i ) I `.
has no underlying policy direction on this subiect, and thus, the ski yard f
interpretations by Staff may result in arbitrary rulings, • ..
inequities, unfairness or inconsistencies.
raw ,,FA mmmumryoevelopmenmeparcmeneNOVember1 ,soli TOWN of Ni mmmumNOevelopmenmeparcmeneN ovem l,�o11
Goals Ordinance No. 22, Series of 2011
• Create regulations that are • Establishes outdoor £ ---.
equitable, fair, clear and concise ski staging" as an "
and not arbitrary or capacious. a " ::a = _ c
accessory use to - _
• Provide clear expectations that permitted retail, skier -4
result in a consistent outcome. commercial _
• Streamline the review process. w `� .k2 ski storage and lodges I
_ 1J • Create regulations that are M '• • • Establishes
enforceable. ri l_ i _ L
regulations for outdoor
• New outdoor activity shall not ski staging signs that _ �"�•
negatively impact right -of -way. allows six (6) square
feet of signage
TOWN Urua' , mm��ne�e opme�eparme� 5 rawxar 47 mmm���noe�ei ,pme�mepar�me�rNO�em
11/1/2011 1
6 -4 -1
November 1, 2011
Ordinance No. 22, Series of 2011 Questions for the Town Council
t • Creates a definition for basket , 1 +.
storage and add basket • What additional
g " storage as an accessory use information would the
to businesses that conduct Town Council like Staff
Putalc514115nouWOard Valet • -
rental activity to provide for the
I - 11 ir � tf • References 12- 14 -21, evening session'? }'� l
1 11 I � � a Out do or Display of Goods, f , " I 1
� l . Vail Town Code, in location of I
V% , . i business activity regulations
- - • Amends regulations for
location of business activity to
,. ti a .,_,; - allow outdoor ski staging.
rowt Or YA Y TOWN Or YA mmmuniry oevelopmen�oepar�men�NOVemer l,�o11 E
Commercial Ski Rentals — � 1 "` * Commercial Ski Rentals
t - `
Lionshead Mixed Use 1 (LMU -1) • • - ,; 2 ' AV , ' 'IN . Commercial Core 1 (CC1)
- Lionshead Mixed Use 2 (LMU -2) - ■'.. 1 I . _ Ski Base Recreation (SBR)
'r ` " <' - Ski Base Recreation 2 (SBR -2)
•
' ;.- EAUM ii- �/ cN 4 A'
i N
y C. �- t AD
; a ' + _ v v
IM1 t
r _ `4 i it 3 y, �tl •
,i '
WWII eF YAI[l mmmumry oevelopmenmeparcmeneNOVem 1, �o11 o rOWO or YA +Ll w
11/1/2011 2
6 -4 -2
TOWN OF °I+
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: November 1, 2011
ITEM /TOPIC: Second reading of 2012 Budget Ordinance No. 21, Series 2011
PRESENTER(S): Kathleen Halloran
ACTION REQUESTED OF COUNCIL: Approve or approve with amendments the second
reading of 2012 Budget Ordinance No. 21, Series 2011
BACKGROUND: Cover memo highlights changes made during first reading; Additional
information in attached budget packet
STAFF RECOMMENDATION: Approve or approve with amendments 2012 Budget
Ordinance No. 21, Series 2011
ATTACHMENTS:
2012 Budget 110111 Document
11/1/2011
TOWN OF VAIL'
Memorandum
TO: Vail Town Council
FROM: Finance Department
DATE: October 26, 2011
SUBJECT: 2012 Proposed Budget — Ordinance 21
SUMMARY
The first reading of Ordinance 21 on October 18 was passed with amendments.
II. DISCUSSION
Based on feedback from Council during the prior meeting, the following changes have been
made to the 2012 budget proposal:
General Fund:
• Council contributions were increased with one -time allocations to the following:
(please refer to page 18 for an updated Contributions worksheet — far right columns):
- $25K to Bravo! for the 25 anniversary celebration (for a total contribution of
$192.5K)
- $20K to the Colorado Ski Museum for Vail's 50 Anniversary exhibits (for a total
contribution of $62K)
- $25K to the Vail Valley Foundation for final year of support for the Street Beat
concerts (plus $7,500 of in -kind services from the town)
- $25K to the Commission on Special Events, allocated to the Vail Symposium
health and wellness event
- $25K of general funding to be allocated by the future Council
Capital Projects Fund:
• Council requested reducing the CDOT- required parking improvements by 60% pending
discussion with Vail Resorts regarding a shared -cost proposal. The cost for work to be
done in LionsHead and a guardrail in West Vail on the N. Frontage Rd totals $630K, with
the 2012 budget now reflecting only $378K.
Real Estate Transfer Tax Fund:
• Council contribution to the Betty Ford Alpine Gardens was increased by $20K for the
water feature repairs and an additional $10K toward operations, for a total contribution of
$85,620.
In addition to the above changes, staff is requesting a change to the Health Insurance Fund.
Based on healthcare plan design changes and advice from our insurance consultants, a
$50,000 increase to both revenue and expense is recommended (net zero impact to the Fund).
An increase to employee -paid premiums (revenue) will offset an increase to anticipated claims
expense.
11/1/2011
7 -1 -1
T
2012 BUDGET
Second Reading of
Ordinance No. 21, Series 2011
November 1, 2011
11/1/2011
7 -1 -2
Town of Vail
Proposed 2012 Budget
Table of Contents
2012 Budget Highlights 1
Major Revenue Analysis 10
Summary of Changes in Personnel 11
Ten -Year Summary of Budgeted Positions by Department 12
Employee Benefits Summary 14
This report shows the list of employee benefits by percentage and costs.
General Fund Revenue and Expenditures 15
This schedule shows the major revenue and expenditures by category
in the General Fund
Summary of Operating Expense 17
This schedule shows all operating expenditures, no matter what Fund they are
paid from
Contributions and Special Events 18
Capital Projects Fund Revenue and Expenditures 20
This schedule shows revenue by type and expenditures by project in the Capital
Projects Fund for 2010, 2011 and proposed 2012.
Real Estate Transfer Tax Fund Revenue and Expenditures 23
This schedule shows revenue by type and expenditures by project in the RETT
Fund for 2010, 2011 and proposed 2012.
Marketing Fund Revenue and Expenditures 25
Debt Services Fund Revenue and Expenditures 26
Heavy Equipment Fund Revenue and Expenditures 27
Dispatch Services Fund Revenue and Expenditures 28
Conference Center Fund Revenue and Expenditures 29
Health Insurance Fund Revenue and Expenditures 30
11i1 /2011
7 -1 -3
TOWN OF VAIL
2012 BUDGET PROPOSAL
GENERAL AND RELATED FUNDS
Changes from the first reading of the budget ordinance are highlighted.
The Town of Vail 2012 budget proposal presented in this document reflects the town's
vision to be the premier mountain resort community in a fiscally responsible manner.
The 2012 draft budget proposal also reflects a renewed focus on guest services and
public amenities including several high profile special events. This follows Vail's Billion
Dollar Renewal which included investments from both developers and the town with new
buildings, streetscape enhancements, landscaped medians, public art, and loading and
delivery facilities.
The "Renewal" continues to generate additional sales and real estate transfer tax
(RETT), helping the town weather recent economic instability. Looking back over the
last five years, sales tax collections were $16.5 million in 2005, and peaked at $19.6
million in 2008. By 2010, as the town felt the impact of the national recession, sales tax
dropped to $17.7 million. RETT collections in 2005 totaled $6.2 million compared to
$7.0 million in 2010, with a peak of $9.1 million in 2008. Redevelopment also prompted
Town Council to establish the Vail Reinvestment Authority (VRA), a tax - increment
financing district in LionsHead. Since its creation in 2006, the VRA has generated nearly
$5.3 million in property tax collections and provided a funding mechanism for capital
improvements within the district (such as the LionsHead Transit and Welcome Centers)
with bonds ($11.9 million) that will be repaid by those incremental taxes.
Even with increases to revenue, the town is challenged to operate within annual revenue
streams while providing world -class service, maintaining new amenities and supporting
the local economy by way of event funding, marketing, and other Council contributions.
For example, snowmelt, loading and delivery shared costs, repair and maintenance of
new buildings, added landscape and pathways have resulted in approximately $860,000
in annual operating costs. Funding for iconic and special events has increased 75 %, or
$673,600 since 2005, not including the $293,280 in annual in -kind services provided for
events and non - profits. The in -kind services and general support to special events in
2011 has stretched town staff to the limit and while the attached proposal includes
similar levels of support in 2012, any additional events generate additional need for
personnel, volunteer hosts, publicity and other costs. Also, upcoming commitments to
large events cannot be absorbed within the town's annual operations. Specifically, the
town's support for the World Alpine Ski Championships, the Nation's event at Golden
Peak, the Pro - Cycling Challenge and Vail's 50 Anniversary celebration are proposed
for funding from General Fund reserves.
Town departments have met the challenge of increased costs for new amenities and
events by reducing headcount, converting positions to contract services (town attorney
and a majority of custodial services), managing vacant staff positions and making
significant cuts in other areas such as professional development, general supplies and
equipment, and internal /external programs. These efforts save the town $2.1 million
annually.
1
11/1/2011
7 -1 -4
REVENUE
The town's 2012 budget is funded by a projected $51.1 million net revenue budget.
Net revenues exclude inter -fund charges and transfers. 2012 projected revenues are
10% less than 2011 amended and a 12% decrease from 2010. (See page 10 for Major
Revenue Analysis). The below chart identifies the various sources of town revenue:
2012 Net Revenue Projection:
$51.1M
Earnings on
Transfer frorr VRA Investments
Rent, Fines & 6% f 1 Sales Tax
Misce laneaus 359/0
13%
Charges for
Services
3%
Transportation
Centers
9%
Irilergevernrnenlal -
Revenue
5%
Licenses and Property and
Permits Use Tax ownership Tax
3% Ski Lift Tax and o g%
Real Estate Transfer Franchise Fees 1 i
Tax 9
7%
Sales Tax will produce approximately 35% of annual revenue for 2012. The $17.8
million of sales tax projected is flat with the current 2011 budget and a less than 1%
increase from 2010.
Real Estate Transfer Tax collections of $3.8 million represent 7% of total annual
revenues. Since 2004, we have separated RETT revenue into two categories:
collections from major redevelopment projects (such as the Four Seasons, Ritz Carlton
Residences, Solaris, etc.) and "base" collections, which represent all other real estate
transactions. This separation allows for more accurate trending. "Base" collections are
projected 20% less than 2010, and collections from major redevelopment are budgeted
at a decrease of 61% from 2010 assuming minimal re- sales.
Property and Ownership Tax of $4.2 million will generate 8% of total revenues for 2012.
Newly redeveloped properties helped to offset a 32% decrease in base property values,
for an overall reduction of only 17 %. The current base mil levy is 4.69 and constitutes
10% of the average taxpayer's property tax bill. The property tax projection is based on
the August '11 report received from the county assessor.
2
11/1/2011
7 -1 -5
Parking revenue from the transportation centers is projected at $4.4 million for 2012, or
9% of total revenues. This projection is flat with 2011, and a 12% decrease from 2010.
Intergovernmental revenue includes federal and state grants, county sales tax, county
road and bridge tax, highway users' tax, cigarette tax and E911 Authority Board. For
2012, this revenue source represents $2.7 million, or 5% of total revenues for the town.
While the majority of these funds are from taxes, they also include federal grants of
$65,000 for fire fighters from the SAFER grant, and $89,000 for a police officer from the
COPS grant.
Ski Lift Tax and Franchise Fees total $3.5 million and $1.1 million, respectively for 2012,
representing 9% of the total annual revenue.
The town will continue to receive reimbursement from the Vail Reinvestment Authority
for expenditures directly relating to capital projects within the tax increment district. In
2012, the town expects to be reimbursed a total of $6.5 million for those projects. More
detail on these projects is included below under Capital Projects Fund expenditures.
EXPENDITURES
The town's expenditure budget for 2012 is $53.7 million excluding inter -fund transfers
and charges. This is a 31.5% decrease from the 2011 amended budget, mainly due to
large capital projects currently underway in 2011 that will most likely continue into 2012
such as energy enhancements, neighborhood road and bridge replacement, the
LionsHead Welcome Center and the LionsHead Transit Center. Included in this amount
are capital projects that will be reimbursed from the Vail Reinvestment Authority (see
Capital Projects section below).
Sixty -five percent of the expenditures are to provide municipal services and thirty -five
percent to fund capital improvements including debt service.
Where the Money Goes
2012 Proposed Expenditures $53.7M
Debt Service
4% �'
Capital
Improvements
31%
Municipal
Services
65%
3
11/1/2011
7 -1 -6
Within municipal services, 64% of spending is related to staffing costs. These costs
include salary expense, overtime, and benefits such as health insurance, disability
coverage, worker's compensation, pension, life insurance, unemployment and Medicare.
The town's operations are supported by 284 full time equivalent (FTE) positions in 2012,
down from 300 at the beginning of 2009. Of these, 213.7 are full -time regular
employees. Since 2009, the total FTE count has been reduced by 15.7 without
compromising service levels. Of the total, a net of 9.8 full -time benefited positions and
10.0 fixed term /externally funded positions have been reduced, offset by an increase of
4.1 in seasonal positions. 2012 headcount changes include the return of two seasonal
Forest Health crew members and the reduction of 3 full -time positions, with those
services now contracted out (Town Attorney and 2 custodian positions). Other additions
include a .48 summer seasonal position for the streets department, .25 for one intern in
Community Development (over a three month span) and .5 to continue the construction
inspector assigned to large capital projects. Please refer to page 11 for a detailed
explanation of FTE changes, and page 12 for a 10 year history of the town's FTE count.
Employee benefits are projected at $5.7 million, representing 36.3% of base salary
expense for 2012 (please refer to page 14 for a breakout of employee benefits). The
largest single component of benefit cost is health insurance at 47 %, followed by pension
contributions at 36 %.
Benefits Costs
Wellness 2012 $5.7M
Medicare � Benefit
4% 3%
Health
Insurance
Pension s 47%
36%
Life, Disability,
Worker's and
Compensation _ Unemployment
Insurance Insurance
4% 6%
Health claims are a significant portion of employee benefits costs and have been
trending at an annual increase of 10% per year for the last several years. Staff is
managing rising costs by sharing a portion of these expenses with employees through
changes to health plan design (for example, increases to employee -paid deductibles, co-
pays and out of pocket maximums). Employee monthly premiums will also increase.
The town plans to use $135,000 of Health Insurance Fund reserves (these reserves
grow from annual contributions by both employees and the town, with most of the
current growth occurring between 2001 and 2008). The reserves are intended to protect
the town from excessive claim activity (unanticipated) in one year, and current reserves
adequately provide this protection. See page 30 for a detailed fund statement for the
Health Insurance Fund.
While the above narrative summarized the overall proposed town financial outlook for
2012, the following provides an explanation of budgetary assumptions for each fund:
4
11/1/2011
7 -1 -7
GENERAL FUND
The General Fund supports the town's basic municipal operations. The attached
General Fund proposed budget for these operations has a surplus of $22,104, which
does not include commitments to large special events such as the World Alpine Ski
Championships, Pro - Cycling Challenge or Vail's 50 Anniversary Celebration. With
current assumptions of $950,000 being spent on these events in 2012, the resulting fund
balance will total $20.1 million at the end of 2012, representing 69% of annual revenues.
35% was the Council directive in prior years as the minimum fund balance during
redevelopment.
REVENUE - $29,280,569
The General Fund's primary source of revenue is sales tax followed by parking, property
and ownership tax, and lift tax.
Sales Tax - $10,859,000
In this budget proposal, 61% of the town's 4% general sales tax is allocated to the
General Fund. The remaining 39% is allocated to the Capital Projects Fund. While this
split is the same percentage used on average over the last 10 years for budget
purposes, the actual share of revenue has averaged 53/47 since 2001 and 51/49 since
2004. The "split" percentages change when sales tax collections do better than
expected (excess revenue goes directly to the Capital Projects Fund) and the above
averages include the impact of transfers of fund balance from the General Fund to the
Capital Projects Fund. Since 2001, $10.1 million has been transferred into the Capital
Projects Fund for both specific projects and to increase capital reserves.
Due to the proposed 61/39 split, approval of this budget will require an affirmative vote
by five out of seven Council members (a super majority) because less than 50% of the
sales tax revenue is going to the Capital Projects Fund. This is based on the town
charter from 1973 when Council intended to earmark 50% of sales tax collections for
capital projects, real estate acquisition and related debt service. Since that time, several
revenue sources have been added to enhance the town's ability to fund capital projects
such as Real Estate Transfer Tax, Construction Use Tax, the Vail Reinvestment
Authority, Employee Housing Fee -in -Lieu and federal grants.
While staff is recommending a 61/39 split of sales tax collections, we will continue to
implement the policy of allocating any revenues in excess of the original budget to the
Capital Projects Fund, as has been done in years past.
2012 sales tax revenue is projected to be flat with the current 2011 budget, and a
less than 1.0% increase from 2010. Actual collections in 2011 are currently
exceeding budget by 6.43 %.
Property Tax, Parking Revenue, Ski Lift Tax and Franchise Fees budgetary
assumptions were discussed above, in the Revenue section.
Licenses and Permit Fees - $955,000
The largest component of licenses and permits is construction permit fees, which
includes building, mechanical, plumbing, and electrical permits. The 2012 budget for
construction permits is projected with "base" transactions flat with 2011 budget, and no
activity anticipated from major redevelopment.
5
11/1/2011
7 -1 -8
EXPENDITURES - $29,258,465
As a service organization, the majority of spending relates to staffing. For 2012, this
represents $18.3 million or 62.5% of total expenditures which includes benefits and a 3%
proposed merit increase based on employee performance.
Benefits of $4.6 million are a slight reduction from 2010. As a percentage of salary,
benefit expenditures for 2012 are proposed at 40.4% of full -time salaries and 8.9% for
seasonal, resulting in a total of 36.3% overall. Please refer to page 14 for a detailed
breakout of employee benefits, with comparisons to prior years.
Departmental spending of $6.2 million (also labeled as "All Other Operating" in the
General Fund statement) is 1.5% less than 2011 amended budget despite an increase in
services and the addition of new facilities. These additions include new operational
expenditures such as increased snowmelt from streetscape near Solaris and the new
transit area, and utilities for new facilities including the West Vail Fire Station and
LionsHead Transit Center. There are also savings from planned energy enhancement
projects totaling nearly $120,000 in 2012. Other items such as cinders are budgeted at
an average snowfall.
Although we've received over $3.3 million of requested Council contributions (page 18),
this budget document (adjusted for recent Council discussions) includes $1.4 million (a
7.6% increase from 2011) for inclusion in the annual operating expenditures for the
town. Additional contributions to the 2015 Word Alpine Ski Championships ($250K per
year for 5 years), the 2015 Nations Event at Golden Peak ($375K per year for 4 years),
the Pro - cycling Challenge ($175K per year for 5 years with $100K funded by the VLMD)
as well as the 50 Anniversary celebration are proposed to be funded from General
Fund reserves because they cannot be absorbed within the annual budget allocations.
Funding for the Commission on Special Events (CSE) is also included in the Council
contribution requests. The CSE has asked for $1,061,800 for 2012, a 27% increase
over the prior year. The increase is directly related to the addition of two new events:
Teva Winter Games at $75,000 and a three -day event over Memorial Day for $150,000.
The attached draft budget does not include these two new requests per Council's
feedback, however based on October 18 discussions, the CSE budget was increased
by $25,000 allocated to the Vail Symposium health and wellness event.
Heavy Equipment Operating charges increased 8% compared to 2011 due to fuel prices.
Costs are charged back to departments based on their use of the vehicles and
equipment. Replacement charges are proposed flat with 2011 budget and are based on
a long -term replacement plan for town vehicles.
Dispatch Services charges total $575,706 for 2012 based on a three -year average
usage by the town (33.7% of total 911 call volume). The 2012 charges are a 7%
increase from 2011 attributable to an increase in call volume.
6
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7 -1 -9
CAPITAL PROJECTS FUND
REVENUE - $7,711,660
Sales tax is a primary revenue source for capital projects. For 2012, $6,941,000 or 39%
of the town's projected sales tax revenue is allocated to the Capital Projects Fund.
Use Tax collections are budgeted at $515,000, 3% higher than the 2011 original budget.
2011 collections currently exceed the budgeted amount however this includes some
activity from large projects. No major projects are assumed for 2012.
EXPENDITURES - $14,697,374
$6.5 million of the above will be reimbursed by the Vail Reinvestment Authority (VRA)
for capital projects within the LionsHead TIF District such as the East LionsHead Portal
($2.1 M), the West LionsHead Portal ($750,000), the Library remodel ($1.6M), a
renovation of the Sundial Plaza and surrounding area ($850,000), partial funding of the
Guest Services Enhancement project ($500,000), CDOT- required parking within the TIF
District area ($102,000), and completion of the LionsHead Welcome Center ($304,700).
The VRA is also reimbursing the town for the annual capital maintenance of the
LionsHead parking structure ($365,000). The town is utilizing the Capital Projects Fund
to track these projects because the town's financial systems are better suited than the
VRA's to provide internal controls over projects of this size and to facilitate recording the
capital assets on the town's books. The money allocated to these capital projects tie
directly to the proposed budget for the VRA.
In addition to the last debt service payment totaling $2.1 million, noteworthy projects for
2012 include:
• Annual capital maintenance of town facilities, parking structures and streets
totaling $2.9M
• Guest Service Enhancement project ($1.1M), with $500,000 to be reimbursed by
VRA
• Renovation of Vail Village Information Center interior space, including new guest
services consistent with LionsHead Transit and Welcome Center programming
($1.1M). In addition, a new pull -off lane at the VV Info Center is proposed at
$250,000
• During the October 18 meeting, Council requested reducing the CDOT- required
parking improvements by 60% pending discussion with Vail Resorts regarding a
shared -cost proposal. The cost for work to be done in LionsHead and a guardrail
in West Vail on the N. Frontage Rd totals $630K, with the 2012 budget now
reflecting only $378K.
• Business Systems replacement ($175,000), which may include a new financial
accounting system over a two year period
The Capital Projects fund is projected to have a fund balance of $7.4M at the end of
2012, not including unfunded projects.
7
11/1/2011
7 -1 -10
REAL ESTATE TRANSFER TAX (RETT) FUND
REVENUE - $4,074,888
The primary revenue source for this fund is the 1( real estate transfer tax, accounting
for $3,835,000 in projected revenue for 2012. Base transactions are budgeted at a 20%
decrease from 2010. Collections from major redevelopment are budgeted at a decrease
of 61% from 2010 assuming minimal re- sales.
EXPENDITURES - $5,683,946
Use of the RETT Fund is restricted by ordinance to parks, recreation, open space, and
environmental sustainability. RETT currently provides funding for both operating and
capital expenditures within those categories. Total operating expense of $2.5M for 2012
includes:
• Annual Park and Landscape maintenance ($1.4M)
• Environmental Sustainability programs ($250,000)
• Continuation of Forest Health projects ($195,000)
• Management of AIPP programs ($92,700)
• Betty Ford Alpine Garden annual support ($65,620, an increase of $10,000 from
prior year plus another $20,000 for repairs to the main water feature)
• Eagle River Watershed Council support for Black Gore Creek projects ($50,000)
Noteworthy capital projects for 2012 include:
• Flood incident major repairs and prevention measures to culverts and drainage
infrastructure ($1.1M)
• Stream bank mitigation planning ($200,000)
• Frontage Road bike lanes ($1.2M)
• Improvements to VRD- managed assets totaling $660,384. Significant projects
include improvements to the Ford Park tennis court repairs
The RETT fund is projected to have a fund balance of $7.5 million by the end of 2012.
VAIL MARKETING FUND
Business license fees provide the revenue for this fund, which is restricted to marketing
Vail. Revenue is expected to be flat with 2011. Expenditures for marketing through the
Commission on Special Events (CSE) are also budgeted flat at $280,000, with an
additional $20,000 allocated to the Vail Jazz Festival.
DEBT SERVICE FUND
This fund is used to manage principal and interest on the town's outstanding debt.
Funds are transferred from the Capital Projects Fund to meet annual debt service
requirements and to cover the next upcoming principal and interest payments on the
2002B and 2008 bonds. All debt will be repaid by the end of 2012.
8
11/1/2011
7 - 1 - 11
HEAVY EQUIPMENT FUND
This is an internal services fund that manages the maintenance and repair of town
vehicles and equipment and the purchase of replacement vehicles other than buses and
fire trucks. Costs are charged back to departments based on their use of the vehicles
and equipment. Fuel prices are the reason for a 15% increase in operating costs from
the current 2011 budget.
DISPATCH SERVICES FUND
This is an enterprise fund, e.g., more than half of its revenue is from sources outside of
the town, managing emergency communications for all of Eagle County. The E911
Board currently funds seven dispatcher positions, two supervisor positions and a
systems engineer. In 2012, there is a 7% increase in the town's fees based on a three -
year average of call volume, of which Vail Police and Vail Fire total 33.7 %.
CONFERENCE CENTER FUND
This fund was established in 2003 to account for a 1.5% public accommodations tax and
a .5% sales tax imposed by election for the purpose of building and operating a
conference center in the town. These taxes were rescinded by election in November of
2005. A ballot question will be posed to voters this November asking to use the
accumulated $9.4 million for three capital projects. If this question passes, Council will
be asked to revisit the budget for this fund to include the proposed projects.
HEALTH INSURANCE FUND
This internal services fund manages the costs of providing health and short -term
disability insurance to employees. Net costs are charged to departments as employee
benefits. Since the town is self- insured on these items, a sufficient fund balance is
maintained to absorb extraordinary claims experience. Claims over $75,000 per person
are covered by an indemnity "stop loss" insurance product. Although increasing
healthcare costs are shared with employees, staff has recommended use of $135,000 of
fund balance to help offset the anticipated increase in medical claims for 2012. This
Fund is projected to have a fund balance of $714,119 by the end of 2012.
9
11/1/2011
7 -1 -12
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Town of Vail 2012 Budget
Summary of Changes in Personnel
From 2011 Original Budget to 2012 Budget
2012
Changes Comments
Full -time Regular Positions
Facilities: Custodians (2.00) Vacancies - work contracted out
Town Attorney (1.00) Contracted out
(3.00)
Seasonal Positions
Forest Health 1.00 Bring crew back to original level of 6 (reduced to 4 for 2011)
Community Development 0.25 Intern for 3 months
Public Works Streets 0.48 Special events support, recycling /composting
Public Works 0.50 Construction inspector
2.23
Total Changes to FTE Count: (0.77)
11
11/1/2011
7 -1 -14
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7 -1 -16
Town of Vail
Employee Benefits
2009 2010 2011 2012
Actual % Salary Actual % Salary Budget %° Salary Proposed % Salary
Full -Time Regular Employees
Fee Based
Health Insurance 2,515,558 18.8% 2,525,000 19.1% 2,530,000 18.73% 2,700,000 19.78%
Group Term Life and Accidental Death Insurance 214,665 1.6% 213,525 1.6% 86,000 0.64% 74,000 0.54%
Long -term Disability Insurance 55,000 0.41% 53,000 0.39%
Survivor's Life Insurance 72,000 0.53% 74,000 0.54%
Short -term Disability Insurance 25,000 0.2% 25,400 0.2% 32,000 0.24% 25,000 0.18%
Wellness Benefit 94,352 0.7% 144,794 1.1% 95,000 0.70% 95,000 0.70%
Sworn Officer Death and Disability Insurance 65,629 0.5% 68,336 0.5% 68,500 0.51% 72,000 0.53%
Subtotal Fee Based 2,915,204 21.8% 2,977,055 22.5% 2,938,500 21.75% 3,093,000 22.66%
Payroll Based
Pension Contribution 2,059,169 15.4% 2,059,475 15.6% 2,061,484 15.26% 2,024,625 14.83%
Medicare 172,959 1.3% 168,269 1.3% 180,861 1.34% 182,938 1.34%
Workers' Compensation lnsurance 182,241 1.4% 158,471 1.2% 192,500 1.43% 191,400 1.40%
Unemployment Compensation Insurance 28,527 0.2% 27,867 0.2% 27,000 0.20% 27,300 0.20%
Subtotal Payroll Based 2,442,896 18.3% 2,414,082 18.3% 2,461,845 18.23% 2,426,264 17.77%
Total Full -Time Benefits 5,358,100 40.1% 5,391,137 40.8% 5,400,345 39.98% 5,519,264 40.43%
Part -Time and Seasonal Employees
Fee Based
Wellness 72,199 3.8% 117,746 6.1% 75,000 3.89% 75,000 3.68%
Wellness - Boards & Commissions 8,100 0.4% 9,100 0.5% 9,100 0.47% 9,100 0.45%
Mini -Med Program 4,199 0.2% 3,375 0.2% 6,000 0.31% 6,000 0.29%
Payroll Based
Pension Contribution 30,115 1.6% 28,989 1.5% 28,910 1.50% 30,586 1.50%
Medicare 27,899 1.5% 27,788 1.4% 27,946 1.45% 29,566 1.45%
Workers' Compensation Insurance 26,153 1.4% 22,973 1.2% 27,500 1.43% 27,716 1.36%
Unemployment Compensation Insurance 4,094 0.2% 4,040 0.2% 3,855 0.20% 4,078 0.20%
Subtotal Payroll Based 88,261 4.7% 83,790 4.3% 88,210 4.58% 91,946 4.51%
Total Part -Time and Seasonal Benefits 172,759 8.9% 214,011 11.1°% 178,310 9.25% 182,046 8.93%
Total Benefits - All Employees 5,530,859 36.1% 5,605,148 37.0% 5,578,655 36.14% 5,701,310 36.34%
14
11/1/2011
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7 -1 -
TOWN OF VAIL 2012 BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
GENERAL FUND
2010 2011 2011 2012
Actual Budget Amended Proposed
Revenue
Local Taxes: $ 17,676,115 $ 16,900,000 $ 17,800,000 $ 17,800,000
Sales Tax Split b/t Gen'I Fund & Capital Fund 57/43 61/39 61/39 61/39
Sales Tax $ 10,143,624 $ 10,310,000 $ 10,859,000 $ 10,859,000
Property and Ownership 4,951,386 5,055,000 5,055,000 4,232,000
Ski Lift Tax 3,357,717 3,193,000 3,193,000 3,492,000
Franchise Fees, Penalties, and Other Taxes 1,040,425 1,087,402 1,087,402 1,112,753
Licenses & Permits 1,387,337 732,200 732,200 955,000
Intergovernmental Revenue 1,929,121 1,524,065 1,525,365 1,911,250
Transportation Centers 5,037,042 4,911,500 4,411,500 4,425,000
Charges for Services 875,627 702,963 810,963 774,850
Fines & Forfeitures 271,561 305,000 305,000 325,000
Earnings on Investments 119,049 194,000 194,000 116,900
Rental Revenue 862,151 869,816 869,816 869,816
Miscellaneous and Project Reimbursements 386,271 161,658 280,607 207,000
Total Revenue 30,361,311 29,046,604 29,323,853 29,280,569
Expenditures by Type:
Municipal Services:
Town Officials 1,162,640 1,295,860 1,409,304 1,453,334
Administrative Services & Risk Management 3,043,095 3,306,565 3,383,559 3,467,195
Community Development & Housing 1,722,407 1,644,765 1,683,918 1,581,504
Police 4,280,070 4,591,150 4,669,043 4,591,423
Police Communications 522,213 537,827 537,827 575,706
Fire 2,817,132 2,981,136 2,988,292 3,078,507
Public Works & Streets 3,530,332 3,553,226 3,572,503 3,674,733
Transportation & Parking 4,495,643 4,661,727 4,782,738 4,889,032
Facilities 3,315,796 3,733,319 3,733,319 3,551,345
Library 794,879 800,580 801,571 816,751
Economic Development 1,471,156 1,458,255 1,475,157 1,578,935
Total Operating Expenditures 27,155,363 28,564,410 29,037,231 29,258,465
Revenue Over (Under) Expenditures 3,205,948 482,194 286,622 22,104
2015 World Alpine Ski Championships (250,000) (250,000)
Pro - cycling event (75,000) (75,000) (75,000)
2015 Nation's Event (375,000)
Vail's 50th Anniversary (250,000)
Transfer to Capital Projects Fund (3,742,673) - (1,845,800)
Revenue Net of Transfers & New Programs (536,725) 407,194 (1,884,178) (927,896)
Beginning Fund Balance 23,423,417 20,340,414 22,886,692 21,002,514
Ending Fund Balance $ 22,886,692 $ 20,747,608 $ 21,002,514 $ 20,074,618
EHOP balance included in ending fund balance $ 690,000 $ 690,000 $ 690,000 $ 690,000
not spendable
11/1/2011
16
7 -1 -19
Summary of Operating Expenditures
2011 2011
2010 Original Amended 2012
Actual Budget Budget Budget
Expenditures by Type:
Operating Expenses paid for by General Fund:
Town Officials 1,162,640 1,295,860 1,409,304 1,453,334
Administrative Services & Risk Management 3,043,095 3,306,565 3,383,559 3,467,195
Community Development & Housing 1,722,407 1,644,765 1,683,918 1,581,504
Police 4,280,070 4,591,150 4,669,043 4,591,423
Police Communications 522,213 537,827 537,827 575,706
Fire 2,817,132 2,981,136 2,988,292 3,078,507
Public Works & Streets 3,530,332 3,553,226 3,572,503 3,674,733
Transportation & Parking 4,495,643 4,661,727 4,782,738 4,889,032
Facilities 3,315,796 3,733,319 3,733,319 3,551,345
Library 794,879 800,580 801,571 816,751
Economic Development 166,792 173,112 173,112 179,025
Information Center 201,221 202,990 202,990 218,133
Council Contributions 478,013 472,275 489,177 444,635
Commission on Special Events 625,130 609,878 609,878 617,143
Large event commitments: 2015s, Pro Cycling, Vail's 50th 75,000 325,000 950,000
Total paid by General Fund: 27,155,363 28,639,410 29,362,231 30,088,466
Operating Expenses paid for by Marketing Fund:
Commission on Special Events 280,000 300,000 300,000 300,000
Operating Expenses paid for by RETT:
Annual Park and Landscape Maintenance 1,198,869 1,317,340 1,317,340 1,350,140
Tree Maintenance 57,331 65,000 85,000 65,000
Rec. Path Capital Maint 119,241 104,094 141,177 93,395
Park / Playground Capital Maintenance 94,609 90,000 114,841 85,000
Street Furniture 22,472 22,500 22,500 25,000
Public Art - operating expenses 94,072 89,371 89,371 92,657
Alpine Garden Support 55,620 55,620 65,620 55,620
Black Gore Creek Sand Mitigation 55,477 50,000 65,600 50,000
Forest Health 206,183 145,000 145,000 195,000
Environmental Sustainability 253,434 250,000 319,350 250,000
Total paid by RETT: 2,157,308 2,188,925 2,365,799 2,261,812
Total Operating Expenditures 29,592,671 31,128,335 32,028,030 32,650,278
11/1/2011 -
7 -1 -
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/ -1 -2/
TOWN OF VAIL 2012 BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
VAIL MARKETING FUND
2010 2011 2011 2012
Actual Budget Amended Proposed Comments
Revenue
Business Licenses $ 314,452 $ 317,000 $ 332,000 $ 332,000
Earnings on Investments 1,083 - 3,000
Total Revenue 315,535 317,000 332,000 335,000
Expenditures
Commission on Special Events / Grants 268,000 300,000 300,000 300,000
Collection Fee - General Fund 15,723 16,100 17,100 17,100 Fee paid to General Fund
Total Expenditures 283,723 316,100 317,100 317,100
Revenue Over (Under) Expenditures 31,812 900 14,900 17,900
Beginning Fund Balance 106,359 127,759 106,359 121,259
Ending Fund Balance $ 138,171 $ 128,659 $ 121,259 $ 139,159
11/1/2011
-25-
7-1-28
TOWN OF VAIL 2012 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
DEBT SERVICE FUND
2010 2011 2012
Actual Forecast Proposed Comments
Revenue
Transfer from Capital Projects Fund $ 2,273,957 $ 2,279,572 $ 2,088,346
Earnings on Investments and Other 4,728 5,000 -
Total Revenue 2,278,685 2,284,572 2,088,346
Expenditures
Principal 2,035,000 2,115,000 2,195,000 Final year of debt service payments
Interest Expense 238,331 165,681 82,275
Fiscal Agent Fees 500 4,000 4,000
Refunding Bonds Issuance Costs
Total Expenditures 2,273,831 2,284,681 2,281,275
Revenue Over (Under) Expenditures 4,854 (109) (192,929)
Other Financing Sources (Uses)
Proceeds of Refunding Bonds - - -
Payments to Refunded Bonds Escrow - - -
Total Other Financing Sources (Uses) - - -
Beginning Fund Balance 189,428 194,282 194,173
Ending Fund Balance $ 194,282 $ 194,173 $ 1,244
11/1/201
- 7 -1 -29
TOWN OF VAIL 2012 BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
HEAVY EQUIPMENT FUND
2010 2011 2011 2012
Actual Budget Amended Proposed Comments
Revenue
Town of Vail Interagency Charge $ 2,789,389 $ 2,694,081 $ 2,694,081 $ 2,892,362 Based on fuel increase
Insurance Reimbursements & Other 46,372 - -
Earnings on Investments 10,159 10,324 10,324 10,324
Equipment Sales and Trade -ins 121,734 203,550 203,550 65,500 Relates to replacement schedule
Total Revenue 2,967,654 2,907,955 2,907,955 2,968,186
Expenditures
Salaries & Benefits 941,579 960,739 960,739 996,016
Operating, Maintenance & Contracts 1,175,656 1,225,190 1,225,190 1,412,095 Based on fuel increase and parts pricing
Capital Outlay 941,615 1,007,872 1,148,288 389,144 Based on replacement schedule
Total Expenditures 3,058,850 3,193,801 3,334,217 2,797,255
Revenue Over (Under) Expenditures (91,196) (285,846) (426,262) 170,931
Beginning Fund Balance 2,343,601 2,064,852 2,252,405 1,826,143
Ending Fund Balance $ 2,252,405 $ 1,779,006 $ 1,826,143 $ 1,997,074
11/1/2011
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7-1-30
TOWN OF VAIL 2012 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
DISPATCH SERVICES FUND
2011
2010 Original 2011 2012
Actual Budget Amended Proposed Comments
Revenue
E911 Board Revenue $ 750,440 743,656 743,656 742,256
Interagency Charges 1,158,151 1,214,925 1,214,925 1,177,061
Town of Vail Interagency Charge 520,411 537,827 537,827 575,706 7% increase to TOV based on call volume
Earnings on Investments 6,735 7,500 7,500 7,500
Federal Grant - -
Other 15,741 -
Total Revenue 2,451,478 2,503,908 2,503,908 2,502,523
Expenditures
Salaries & Benefits 1,702,928 1,849,958 1,849,958 1,881,204
Operating, Maintenance & Contracts 463,094 519,006 519,006 514,001
Capital Outlay 43,571 800,000 870,000 50,000 2011: voice logger system
Total Expenditures 2,209,593 3,168,964 3,238,964 2,445,205
Revenue Over (Under) Expenditures 241,885 (665,056) (735,056) 57,318
Beginning Fund Balance 1,290,681 1,245,538 1,532,566 1,819,594
Ending Fund Balance $ 1,532,566 $ 580,482 $ 797,510 $ 1,876,912
11/1/2011
-28-
7-1-31
TOWN OF VAIL 2012 BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
CONFERENCE CENTER FUND
2010 2011 2012
Actual Budget Proposed Comments
Revenue
Earnings on Investments 40,350 46,800 46,800
Total Revenue 40,350 46,800 46,800
Expenditures - General Government
Marketing Expense
Management Fee - - -
General Supplies and meetings - - -
Capital Outlay - - - May change based on outcome
Debt Service - - - of ballot question
Total Expenditures - - -
Revenue Over (Under) Expenditures 40,350 46,800 46,800
Beginning Fund Balance 9,324,654 9,365,004 9,411,804
Ending Fund Balance $ 9,365,004 $ 9,411,804 $ 9,458,604
11/1/20 14
7 -1 -32
TOWN OF VAIL 2012 BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
HEALTH INSURANCE FUND
2010 2011 2012
Actual Forecast Proposed Comments
Revenue
Town of Vail Interagency Charge - Premiums $ 2,540,066 $ 2,565,000 $ 2,725,000 6% increase to departments
Employee Contributions 353,022 410,000 485,000 18% increase to employees; update for plan changes
Insurer Proceeds 680,429 270,000 500,000 Reimbursement for individual claims over $75,000
Earnings on Investments 5,934 10,000 10,000
Total Revenue 3,579,451 3,255,000 3,720,000
Expenditures
Health Inusrance Premiums 367,094 360,000 430,000 Increase due to stop loss policy change
Claims Paid 3,278,644 2,990,000 3,380,000 Updated based on plan changes
Short -term Disability Pay 35,758 35,000 25,000
Professional Fees 20,000 20,000 20,000
Total Expenditures 3,701,496 3,405,000 3,855,000
Revenue Over (Under) Expenditures (122,045) (150,000) (135,000)
Beginning Fund Balance 1,121,164 999,119 849,119
Ending Fund Balance $ 999,119 $ 849,119 $ 714,119
11/1/2011
-30-
7-1-33
ORDINANCE NO. 21
SERIES OF 2011
ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL
PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND
LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR
JANUARY 1, 2012 THROUGH DECEMBER 31, 2012
WHEREAS, in accordance with Article IX of the Charter of the Town of Vail,
Colorado, the Town Manager prepared and submitted to the Town Council a proposed
long -range capital program for the Town and a proposed budget and financial plan for all
Town funds and activities for the fiscal year; and
WHEREAS, it is necessary for the Town Council to adopt a budget and financial
plan for the 2012 fiscal year, to make appropriations for the amounts specified in the
budget; and
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail,
Colorado, that:
1. The procedures prescribed in Article IX of the Charter of the Town of Vail,
Colorado, for the enactment hereof, have been fulfilled.
2. Pursuant to Article IX of the Charter, the Town Council hereby makes the
following annual appropriations for the Town of Vail, Colorado, for its fiscal year
beginning on the first day of January, 2012, and ending on the 31 day of December,
2012:
FUND AMOUNT
General Fund 30,208,465
Capital Projects Fund 14,697,374
Real Estate Transfer Tax Fund 5,683,946
Vail Marketing Fund 317,100
Debt Service Fund 2,281,275
Heavy Equipment Fund 2,797,255
Health Insurance Fund 3,855,000
Dispatch Services Fund 2,445,205
Total 62,285,620
Less Interfund Transfers (8,576,542)
Net Expenditure Budget 53,709,078
Ordinance No. 21, Series of 2011
11/1/2011
7 -1 -34
3. The Town Council hereby adopts the full and complete Budget and Financial
Plan for the 2012 fiscal year for the Town of Vail, Colorado, which are incorporated by
reference herein and made part hereof, and copies of said public records shall be made
available to the public in the Municipal Building of the Town. This Ordinance shall take
effect five (5) days after publication following the final passage hereof.
4. If any part, section, subsection, sentence, clause or phrase of this ordinance is
for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
5. 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.
6. The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has
accrued, any duty imposed, any violation that occurred prior to the effective date hereof,
any prosecution commenced, nor any other action or proceedings as commenced under
or by virtue of the provision repealed or repealed and reenacted. The repeal of any
provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
7. 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, this 18th day of October, 2011. A public hearing shall be
held hereon on the 1st day of November, 2011, at 6:00 pm at the regular meeting of the
Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 21, Series of 2011
11/1/2011
7 -1 -35
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN
FULL this 1st day of November 2011.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 21, Series of 2011
11/1/2011
7 -1 -36
}
T INN [ F 'U, i '
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: November 1, 2011
ITEM /TOPIC: Second reading of Ordinance No. 23, Series of 2011, an ordinance extending,
until November 19, 2012, 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 review, and
setting forth details in regard thereto.
PRESENTER(S): Bill Gibson, Planner
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny
Ordinance No. 23, Series of 2011, on second reading.
BACKGROUND: Ordinance No. 23, Series of 2011, is intended to extend the effective date
of Ordinance No. 12, Series of 2011, from November 21, 2011 until November 19, 2012. No
other change to the regulations is proposed. Extending the effective date will allow the Town
to explore opportunities for incorporating public parking on private property sign regulations
into a larger signage and wayfinding initiative currently underway.
On October 18, 2011, the Vail Town Council approved the first reading of Ordinance No. 23,
Series of 2011, by a vote of 5 -2 -0 (Foley and Tjossem opposed).
STAFF RECOMMENDATION: The Community Development Department recommends the
Vail Town Council approves Ordinance No. 23, Series of 2011, on second reading.
ATTACHMENTS:
memorandum
Ordinance No. 23
11/1/2011
TOWN OF 9
Memorandum
TO: Vail Town Council
FROM: Community Development Department
DATE: November 1, 2011
SUBJECT: Ordinance No. 23, 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 review,
to November 19, 2012, and setting forth details in regard thereto.
Applicant: Town of Vail
Planner: Bill Gibson
I.
Ordinance No. 23, Series of 2011, is intended to extend the effective date of Ordinance
No. 12, Series of 2011, from November 21, 2011 until November 19, 2012. No other
change to the regulations is proposed. Extending the effective date will allow the Town
to explore opportunities for incorporating public parking on private property sign
regulations into a larger signage and wayfinding initiative currently underway.
On October 18, 2011, the Vail Town Council approved the first reading of Ordinance
No. 23, Series of 2011, by a vote of 5 -2 -0 (Foley and Tjossem opposed).
II. RECOMMENDATION
The Community Development Department recommends the Vail Town Council
approves Ordinance No. 23, Series of 2011, on second reading based upon the
evidence and testimony presented.
Should the Vail Town Council choose to approve Ordinance No. 23, Series of 2011, on
second reading; the Community Development Department recommends the Council
passes the following motion:
"The Vail Town Council approves Ordinance No. 23, 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
11/1/2011
8 -1 -1
administrator to approve said signs subject to review, to November 19, 2012, and
setting forth details in regard thereto."
Should the Vail Town Council choose to approve Ordinance No. 23, Series of 2011, on
second reading; the Community Development Department recommends the Council
makes the following findings:
"Based upon the evidence and testimony presented, the Vail Town Council finds:
1. That the amendments are consistent with the adopted goals, objectives and
policies outlined in the Vail comprehensive plan and compatible with the
development objectives of the town.
2. That the amendments are compatible with and suitable to adjacent uses and
appropriate for the surrounding areas.
3. That the amendments promote the health, safety, morals, and general welfare
of the town and promote the coordinated and harmonious development of the
town in a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest
quality."
III. ATTACHMENTS
A. Ordinance No. 23, Series of 2011
Town of Vail Page 2
11/1/2011
8 -1 -2
ORDINANCE NO. 23
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 REVIEW, TO NOVEMBER 19, 2012, AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town "),
is a home rule Town duly existing under the Constitution and laws of the State of Colorado and
its home rule charter (the "Charter");
WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly
elected and qualified;
WHEREAS, on August 21, 1973, the Council adopted Ordinance No.9, Series of 1973,
establishing sign regulations in the Town of Vail;
WHEREAS, the general purpose of the established sign regulations is to promote the
health, safety, morals, and general welfare of the Town of Vail and to promote the coordinated
and harmonious design and placement of the signs in a manner that will conserve and enhance
its natural environment and its established character as a resort and residential community of the
highest quality;
WHEREAS, Ordinance No. 9, Series of 1973, established sign application procedures for
all signs erected in the Town of Vail to be subject to design review by the Administrator and /or
Design Review Board;
WHEREAS, the Council has received input from private property owners expressing
concern that the adopted Sign Regulations prevent certain types of informational and directional
signs for public parking on private property from being erected within the Town;
WHEREAS, conflicts currently exist between the Town's adopted master plan policies for
public parking and the adopted regulations outlined within the Municipal Code of the Town of
Vail;
WHEREAS, in response to said input the Council instructed Town Staff to prepare an
emergency ordinance proposing an amendment to certain provisions of the adopted Sign
Regulations to allow the Administrator to approve an informational and directional sign for public
parking on private property;
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WHEREAS, on January 4, 2011, the Vail Town Council adopted Ordinance No. 2,
Series of 2011, an ordinance amending 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 review,
and setting forth details in regard thereto, and declaring an emergency;
WHEREAS, On May 17, 2011, the Vail Town Council extended the temporary
approval of the subject sign regulations until November 21, 2011, through the adoption of
Ordinance No. 12, Series of 2011;
WHEREAS, the Town of Vail is currently engaged in a guest services enhancement
program that includes options for signage and wayfinding enhancements;
WHEREAS, opportunities exist to incorporate informational and directional signs for
public parking on private property into the signage and wayfinding enhancements;
WHEREAS, granting an extension to Ordinance No. 12, Series of 2011, sign
regulations from November 21, 2011, to November 19, 2012, will allow for said opportunities
to be fully explored and incorporated if appropriate;
WHEREAS, it is not the intent of this ordinance to circumvent or otherwise alter the
desired policy outcomes of the Town's adopted Sign Regulations whereby signs no longer
achieve the general and specific purposes of the Regulations;
WHEREAS, the Town Council finds that the passage of this ordinance preserves the public
property, health, welfare, peace or safety of the Town of Vail, and
WHEREAS, in order to properly administer the purpose and intent of Title 11, Sign
Regulations of the Vail Town Code, the Town Council finds that it should take this action and
adopt the amended regulations and procedures as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT: Title 11, Sign Regulations, Chapter 7, Other Signs, shall be amended
as follows:
Section 1. Chapter 11 -7, Other Signs, Vail Town Code, shall be amended to add the
following section (Additions to text shown in bold):
11 -7 -16: INFORMATIONAL AND DIRECTIONAL SIGN FOR PUBLIC PARKING
ON PRIVATE PROPERTY:
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A. Description: An informational and directional sign shall be described as
a portable sign with the intended use of directing the public to private
property locations where vehicle parking is available for daily and /or
hourly use by the public and advertising the daily and /or hourly rate.
B. Applicability: An informational and directional sign shall only be allowed
for property having obtained approval from the Town for daily and /or
hourly use of parking spaces by the public.
C. Number and Location: Subject to review and approval of the
Administrator.
D. Size and Design: All informational and directional signs shall comply with
the standards prescribed in Exhibit A, as applicable:
Exhibit A: Informational and directional sign for public parking on private property
- PARKING A8 VALET
$(Price) PARKING
$(Price)
(Directions)
(Directions)
36" � • 36"
E. Special Provisions:
1. An informational and directional sign shall only be displayed when the
daily use of parking spaces are available to the public.
2. The daily and or hourly rate shall be displayed and remain current at
all times.
3. The penalty for violating any provision of this regulation shall be the
revocation of the approval and the immediate removal of the sign
upon written notice from the Administrator. Any action of the
Administrator may be appealed to the Design Review Board, pursuant
to this Title.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the
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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 3. The repeal or the repeal and reenactment of any provision of the
Municipal Code of the Town of Vail as provided in this ordinance shall not affect
any right which has accrued, any duty imposed, any violation that occurred prior to
the effective date hereof, any prosecution commenced, nor any other action or
proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly
stated herein.
Section 4. 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 18 day of October, 2011, and a public hearing for
second reading of this Ordinance set for the 1 st day of November, 2011, at 6:00 P.M. in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
Richard Cleveland
Town Mayor
ATTEST:
Lorelei Donaldson
Town Clerk
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INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING
AND ORDERED PUBLISHED IN FULL this 1 st day of November, 2011.
Richard D. Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
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