HomeMy WebLinkAbout2011-11-01 Agenda and Support Documentation Town Council Work Session VAIL TOWN COUNCIL
WORK SESSION AGENDA TOM OF iiML'
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
3:00 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.
Public comments on work session item may be solicited by the Town
Council.
1. ITEM /TOPIC: VRA - SEPARATE MEETING
Vail Reinvestment Authority 2012 Budget Resolution No. 2, Series 2011
(10 min.)
PRESENTER(S): Kathleen Halloran
ACTION REQUESTED OF COUNCIL: Approve or approve with amendments
VRA Resolution No. 2, Series 2011
BACKGROUND: Provided in a separate memo
STAFF RECOMMENDATION: Approve or approve with amendments VRA
Resolution No. 2, Series 2011
2. ITEM /TOPIC: DRB /PEC Update (15 Min.)
PRESENTER(S): Warren Campbell
3.
ITEM /TOPIC: A worksession to discuss the 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) The purpose of this worksession is to:1. Update the
Town Council on the proposed regulations for outdoor ski staging2. Inform
the Town Council on the problem statement and goals of this ordinance3.
Address any questions the Town Council may have on the ordinance (30
min.)
11/1/2011
PRESENTER(S): Rachel Dimond
ACTION REQUESTED OF COUNCIL: As this is a work session, the Vail Town
Council should listen to the presentation and respond to the following question:
What additional information would the Town Council like Staff to provide for the
evening session?
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.
4. ITEM /TOPIC: Information Update and Attachments:
1) Prehearing Statement and Rulemaking Revisions to 303D Listing
2) Solaris General Improvement District (GID) Agreement;
3) VLMD Future Contract Revenue Report and YTD 2011 Groups; and
4) Revenue Highlights (15 min.)
PRESENTER(S): Various
5. ITEM /TOPIC: Matters from Mayor and Council (15 min. )
6. ITEM /TOPIC: Adjournment (4:25 p.m.)
NOTE: UPCOMING MEETING START TIMES BELOW (ALL ARE
APPROXIMATE DATES AND TIMES AND SUBJECT TO CHANGE)
THE NEXT REGULAR VAIL TOWN COUNCIL REGULAR WORK
SESSION WILL BEGIN AT APPROXIMATELY 1:00 P.M. (or TBD),
TUESDAY, NOVEMBER 15, 2011 IN THE VAIL TOWN COUNCIL
CHAMBERS
FUTURE AGENDA ITEMS:
November 1 - Vail Reinvestment Authority (VRA) SEPARATE MEETING
FOR 2012 Budget Resolution - Kathleen - 30 min.
November 1, 2011 Work session:
Information Updates & Attachments: Gore Creek Water Quality
DRB /PEC Updates - Warren - 15 min.
Commercial Ski Storage Discussion only - 20 min - Rachel
Executive Session - Matt - 30 min. - tentative
November 1, 2011 Evening meeting:
Second Reading of Town Manager Budget - Kathleen - 30 min.
Ord 22 - Commercial Ski Storage - 1st reading - Rachel - 30 min.
Municipal Site Redevelopment Resolution - George - 30 min.
Consent Agenda: 1) October meeting minutes; 2) CDOT Lease /Resolution
Ord 23 - Public Parking on Private Property - 1st reading - Bill G - 15 min.
Red Sandstone Elementary School Request to Proceed through
Process /Partial Exterior Refinish - Nov. 1 - evening - 30 min.
Resolution on Timber Ridge Extension - 15 min. - George?
Resolution on Council Health Benefits - 15 min. - Matt Mire?
Dates /TBD:
Swearing of of new Town Council members and appointment of new Mayor
11/1/2011
-WS -11/15
First Reading of Mill Levy certification ordinance - Kathleen - 30 min. -
Evening - 11/15
DRB View Corridor Tree Policy - George - Evening - 30 min. - 11/15
Second Reading of Mill Levy certification ordinance - Kathleen - 10 min. -
Evening - Dec. 6
First Reading of Supplemental #3 - Kathleen - 30 min. - Evening - Dec. 6
Peer Resort Sharing Discussion - Staff /Council - 45 min. - Dec. 6
CSE funding recommendation - Kelli - 30 min. Evening - Dec. 6
CSE /VLMDAC vacancy appointment interviews - Kelli /Pam - WS - 30 min. -
Dec. 6
CSE /VLMDAC vacancy appointments - Kelli /Pam - WS - 10 min. - Dec. 6
Vail's 50th Anniversary Discussion - 30 min. - Kathleen - 20 min - Dec. 6 or
TBD
Second Reading of Supplemental #3 - Kathleen - 10 min. - Evening - Dec.
20
Recognition of Mike Kloser - Mark Miller - Evening - TBD - 10 min.
Strategic Parking Plan - Greg Hall - 60 min. - TBD
Comcast Discussion - Ron Braden /Matt Mire 60 min. - TBD
NWCCOG Brief Discussion from Pam Caskie, Ex. Dir. - 10 min. or TBD
Mutual Aid Agreement - Mark Miller - Consent Agenda - TBD
GID Resolution and Discussion - Stan /Matt - TBD (Separate Meeting)
11/1/2011
TOW& OF .
1� �l
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: November 1, 2011
ITEM /TOPIC: VRA - SEPARATE MEETING
Vail Reinvestment Authority 2012 Budget Resolution No. 2, Series 2011
PRESENTER(S): Kathleen Halloran
ACTION REQUESTED OF COUNCIL: Approve or approve with amendments VRA
Resolution No. 2, Series 2011
BACKGROUND: Provided in a separate memo
STAFF RECOMMENDATION: Approve or approve with amendments VRA Resolution No. 2,
Series 2011
ATTACHMENTS:
VRA Agenda 110111
VRA 2012 Budget
11/1/2011
VAIL REINVESTMENT AUTHORITY
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
3:00 P.M., TUESDAY, NOVEMBER 1, 2011
NOTE: Times of items are approximate, subject to change and cannot
be relied upon to determine at what time Commissioners will
consider an item.
I. ITEM /TOPIC
Council will convene as the Vail Reinvestment Authority (VRA) to consider
Resolution No. 2, Series of 2011, a resolution adopting an amended budget and
making appropriations to pay the costs, expenses, and liabilities of the Vail
Reinvestment Authority (VRA) for its fiscal year January 1, 2012 through
December 31, 2012.
II. SUMMARY
Staff is requesting approval of Resolution No. 2, making supplemental appropriations
and adjustments to the 2012 budget.
III. DISCUSSION
11/1/2011
1 -1 -1
MEMORANDUM
TO: Vail Reinvestment Authority Commissioners
FROM: Judy Camp
Kathleen Halloran
DATE: October 26, 2011
RE: Vail Reinvestment Authority Budget Message
The Vail Reinvestment Authority (VRA) was created on November 4, 2003, following approval of
a resolution by the Vail Town Council to create an urban renewal authority. On December 16,
2003, the Commissioners adopted by -laws and entered into a cooperative agreement between
the Town of Vail and the VRA for administrative services.
On June 7, 2005, tax increment financing (TIF) was authorized for the LionsHead TIF district via
an amendment to the LionsHead Public Facilities Plan. Because of demolition activity within the
TIF district in 2005, no property tax revenue was collected by VRA in 2006. Incremental
property tax revenue has been collected since 2007 as a result of redevelopment activity within
the TIF district.
The Arrabelle project established the Vail Square Metropolitan Districts, which collect either 40
or 25 mils based on district lines. The Vail Reinvestment Authority receives these taxes from
the County, and then remits them to the Vail Square Metro Districts.
For 2012, property tax revenue is budgeted at $2,084,000 for the LionsHead TIF. Vail Square
Metro property tax revenues are projected at $381,000 which is passed through to the district,
net of a 3% fee paid to the County Treasurer. Revenue projections are based upon the latest
information provided by Eagle County.
On November 4, 2010, the VRA issued its Series 2010A and Series 2010B bonds in the
aggregate principal amount of $11,940,000. The 2010B taxable bonds were issued separately
to take advantage of Build America Bonds (BABs) which reduce the overall interest cost due to
a subsidy paid by the federal government. Using the BABs will save the VRA approximately
$700,000 of interest. Net interest cost to the VRA for these bonds is 4.2 %, with the Series
2010A bonds having a final maturity of 2018 and Series 2010B bonds having a final maturity of
2030.
Bond proceeds have been used to finance several capital projects including the LionsHead
Welcome Center ($8.0M) and a portion of the LionsHead Transit Center ($973,500). Future
projects to be funded by both bond proceeds and annual property tax collections include portals
into both East and West LionsHead ($3.1M), Guest Service Enhancements within the district
($500,000) and a major remodel of the Vail Library ($1.7M).
The 2012 proposed budget of $8.2 million includes debt service payments totaling $1,063,778
and a transfer of $6.2 million to the town's Capital Projects Fund, where the projects will be
managed. The VRA is also reimbursing the town for the annual capital maintenance of the
LionsHead parking structure ($365,000 for 2012).
The 2012 Vail Reinvestment Authority (VRA) budget is prepared on a modified accrual basis.
-1-
11 /1 /2011
1 -2 -1
Vail Reinvestment Authority
2012 Proposed Budget
2010 2011 2012
Actual Forecast Proposed
Revenue
Property Tax - LionsHead TIF $ 1,993,365 $ 2,883,000 $ 2,084,000
Property Tax - Vail Square Metro Districts 376,864 476,647 381,000
Federal Subsidy for Build America Bonds - 190,463 173,343
Earnings on Investments 3,971 49,000 32,000
Total Revenue 2,374,200 3,599,110 2,670,343
Operating Expenditures
Professional Fees - 25,000 25,000
Management Fee 39,906 57,660 41,680
Treasurer's Fee - LionsHead TIF 59,807 86,490 62,520
Treasurer's Fee -Vail Square Metro Districts 11,306 14,299 11,430
Vail Square Metro District Pass Through 365,558 462,348 369,570
Total Operating 476,577 645,797 510,200
Debt Service
Principal 250,000 445,000
Interest 676,676 618,778
Fiscal Agent fees 2,200 2,200
Bond Issuance costs 236,893
Total Debt Service 236,893 928,876 1,065,978
Total Expenditures 715,329 1,574,673 1,576,178
Other Financing Sources (Uses)
Debt Proceeds 12,003,427
Transfer Out - Capital Projects Fund
LionsHead Transit Center (673,500) (300,000) -
Lions Head Welcome Center (358,000) (7,346,506) (304,700)
Surface Parking at Charter Bus Lot (2,500) - -
Guest Services Enhancements /Wayfinding (500,000)
Library Remodel - (100,000) (1,600,000)
East LionsHead Portal (VRA) - (200,000) (2,075,000)
West LionsHead Portal (VRA) - (75,000) (750,000)
Energy Audit Enhancements (953,951) -
CDOT- Required Parking (102,000)
Sundial Plaza fountain & surround (850,000)
LionsHead Parking Structure Capital Maintenance (36,365) (315,000) (365,000)
Total Other Financing Sources (Uses) 10,933,062 (9,290,457) (6,546,700)
Net Change in Fund Balance 12,591,933 (7,266,020) (5,452,535)
Beginning Fund Balance 2,637,172 15,229,105 7,963,085
Ending Fund Balance $ 15,229,105 $ 7,963,085 $ 2,510,550
11/1/201
1 -2 -2
RESOLUTION NO. 2, SERIES OF 2011
VAIL REINVESTMENT AUTHORITY
A RESOLUTION ADOPTING A BUDGET AND MAKING APPROPRIATIONS TO
PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE VAIL
REINVESTMENT AUTHORITY FOR ITS FISCAL YEAR JANUARY 1, 2012,
THROUGH DECEMBER 31, 2012.
WHEREAS, the Vail Reinvestment Authority Commissioners received the
operating budget for the fiscal year 2012 on November 1, 2011; and
WHEREAS, in accordance with CRS section 29 -1 -106 a notice of budget hearing
has been published; and
WHEREAS, notice of this public hearing to consider the adoption of the proposed
Vail Reinvestment Authority budget was published in the VAIL DAILY on the 25th
day of October, 2011; and
NOW, THEREFORE, LET IT BE RESOLVED by the Vail Reinvestment Authority
of Vail, Colorado, as follows:
The Vail Reinvestment Authority adopts the submitted budget and appropriates
$8,122,878 for expenditures beginning on the first day of January 2012 and
ending on the 31 day of December 2012.
Attested: Signed:
Stan Zemler, Secretary / Executive Director Dick Cleveland, Chairman
Resolution No. 2, Series 2011
11/1/2011
1 -2 -3
TOWWM OF .
1� !
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: November 1, 2011
ITEM /TOPIC: DRB /PEC Update
PRESENTER(S): Warren Campbell
ATTACHMENTS:
October 19, 2011 DRB Meeting Results
October 24, 2011 PEC Meeting Results
11/1/2011
TOWN OF VAIL DESIGN REVIEW BOARD AGENDA
PUBLIC MEETING
October 19, 2011
Council Chambers
75 S. Frontage Road W. - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Tom DuBois
Pete Dunning
Brian Gillette
Rollie Kjesbo
Libby Maio
PROJECT ORIENTATION 1:30pm
SITE VISITS
1. Sushi Oka Hibachi — 100 East Meadow Drive
2. Tommy Bower — 141 East Meadow Drive
3. Generation Vail — 283 Bridge Street
4. Matterhorn Bridge — 1745 Matterhorn Circle
5. Bigsby Residence — 1180 Casolar Drive
MAIN AGENDA 3:OOpm
1. Aylesworth Residence DRB110383 / 5 minutes Bill
Final review of an addition (garage)
2586 Davos Trail /Lot 4, Block E, Vail das Schone Filing 1
Applicant: William R. Aylesworth, represented by Steve Francis
ACTION: Approved with condition(s)
MOTION: Kjesbo SECOND: DuBois VOTE: 5 -0 -0
CONDITION(S):
1) This design review approval is contingent upon the applicant obtaining Planning and
Environmental Commission approval of the associated variance applications.
2) The Design Review Board approves both the previously presented garage design with a 4:12
roof pitch and the revised garage design with a 2:12 roof pitch. The Design Review Board
recommends the Planning and Environmental Commission allows variances for the previously
presented 4:12 garage roof pitch, rather than the revised 2:12 garage roof design.
2. Sushi Oka Hibachi DRB110514 / 15 minutes Rachel
Final review of sign (business identification and menu box)
100 East Meadow Drive, Unit 4 &5 (Vail Village Inn) /Lot 0, Block 5D, Vail Village Filing 1
Applicant: Sushi Oka Hibachi, represented by Rick Woo
ACTION: Approved with condition(s)
MOTION: Rollie SECOND: VOTE: 5 -0 -0
CONDITION(S):
1) The applicant shall conceal all conduit above the proposed awning under existing deck
components.
2)The applicant shall remove all spot and flood lighting along the facade except the two small
lights above the center of the proposed awning.
3)The applicant shall install a menu box that is metal or wood and painted a dark color to match
the accents of the structure, such as the railing.
Page 1
11/1/2011
2 -1 -1
4)The applicant shall repair all damage from old signs to remove any evidence of their former
location.
5)The applicant may install a blank awning on the north side of the entrance.
3. Tommy Bowers DRB110515 / 10 minutes Bill
Final review of a sign (business identification)
141 East Meadow Drive (Solaris) /Lot P, Block 5D, Vail Village Filing 1
Applicant: Tommy Bowers, represented by Michael Suman
ACTION: Approved
MOTION: Kjesbo SECOND: Maio VOTE: 3 -2 -0 (Dunning & Gillette opposed)
4. Generation Vail DRB110516 / 10 minutes Warren
Final review of a sign (business identification)
283 Bridge Street (Bridge Street Condos) /Lot D, E, Block 5A, Vail Village Filing 1
Applicant: Vail T -Shirt Company, represented by Robert Boselli
ACTION: Approved
MOTION: Kjesbo SECOND: DuBois VOTE: 5 -0 -0
5. Bigsby Residence DRB110478 / 5 minutes Rachel
Final review of a minor exterior alteration (siding)
1180 Casolar Drive Unit B /Lot 7B, Casolar Phase 1, Resub of Lots A -8 & A -9, Block A, Lion's Ridge
Subdivision
Applicant: Nancy A. Bigsby
ACTION: Tabled to November 2, 2011
MOTION: DuBois SECOND: Kjesbo VOTE: 5 -0 -0
6. Town of Vail DRB110500 / 5 minutes Warren
Final review of minor exterior alteration (bridge)
1745 Matterhorn Circle (street right -of- way) /Unplatted
Applicant: Town of Vail, represented by Chad Salli
ACTION: Approved with condition(s)
MOTION: Kjesbo SECOND: Maio VOTE: 5-0-0
CONDITION(S):
1) The applicant shall paint /stain the visible portion of the box beam to match the bridge color and
provide a textured finish on the concrete approaches, which shall be reviewed and approved by
staff in conjunction with the building permit.
7. Shirt Off My Back DRB110366 Bill
Final review of a sign (business identification)
286 Bridge Street (Rucksack Building)/ Part of Lots C &D, Block 5A, Vail Village Filing 1
Applicant: Jeff Selby
ACTION: Withdrawn
STAFF DENIALS
Smith Residence DRB110459 Warren
Final review of changes to approved plans (landscaping)
333 Beaver Dam Road /Lot 41, Block 7, Vail Village Filing 7
Applicant: Paul Smith, represented by Terrill Samura
Page 2
11/1/2011
2 -1 -2
STAFF APPROVALS
Azcarraga Residence DRB100286 Bill
Final review of changes to approved plans (pool, patio)
4768 Meadow Drive /Lot 1, Block 7, Bighorn Subdivision 5 Addition
Applicant: Alejandro Azcarraga, represented by Ric Fields
Mathias Residence DRB110446 Bill
Final review of changes to approved plans (stairs)
1330 Sandstone Drive Unit 1 /Lot G4, Overlook at Vail
Applicant: Diana Mathias
Lions Mane Condominiums DRB110456 Warren
Final review of a minor exterior alteration (landscaping)
1116 Sandstone Drive /Lot A5, Block A, Lion's Ridge Filing 1
Applicant: Lions Mane HOA, represented by A Cut Above Forestry
Woods /Reid Duplex DRB110483 Warren
Final review of a minor exterior alteration (deck, closets)
5037 Ute Lane, Units A & B /Lot 32, Block 19, Vail Meadows Filing 1
Applicant: Peter & Kara Woods and Mike Reid, represented by George Plavec
Vail East Lodging DRB110484 Warren
Final review of a minor exterior alteration (stoops)
4093 Spruce Way /Lot 4, Block 9, Bighorn Subdivision 3rd Addition
Applicant: Vail East HOA, represented by Julie Spinnato
Nagle Residence DRB110487 Rachel
Final review of changes to approved plans (driveway)
1455 Greenhill Court/Lot 4, Glen Lyon Subdivision
Applicant: Tim & Karen Nagle, represented by John Martin
Manrico USA DRB110488 Rachel
Final review of a sign (business identification)
141 East Meadow Drive (Solaris) /Lot P, Block 5D, Vail Village Filing 1
Applicant: Manrico USA, represented by Michael Suman
Town of Vail DRB110490 Warren
Final review of a minor exterior alteration (pavers)
292 West Meadow Drive (street right -of- way) /Unplatted
Applicant: Town of Vail, represented by Tom Kassmel
Heinen Residence DRB110492 Warren
Final review of a minor exterior alteration (landscaping)
1225B Westhaven Drive /Lot 43, Glen Lyon Subdivision
Applicant: Nancy Heinen, represented by James Rapp
Turilli Residence DRB110493 Warren
Final review of a minor exterior alteration (landscaping)
2960A Manns Ranch Road /Lot 8A, Block 1, Vail Village Filing 13
Applicant: Penny Turilli
Page 3
11/1/2011
2 -1 -3
Oliver Residence DRB110495 Tom
Final review of a minor exterior alteration (landscaping)
1333 Westhaven Drive /Lot B, Cascade Creek
Applicant: Robert Oliver
Townsend Residence DRB110497 Rachel
Final review of changes to approved plans (loft, windows)
225 Wall Street, Units 308 & 309 /Lot B, Block 5C, Vail Village Filing 1
Applicant: Dennis Townsend, represented by Danny Swertfeger
Rohn Residence DRB110498 Warren
Final review of a minor exterior alteration (shed)
1055 Homestake Circle /Lot 4, Block 1, Vail Village Filing 8
Applicant: Jorge Rohn, represented by Nedbo Construction
Massey Residence DRB110499 Warren
Final review of a minor exterior alteration (roof, deck)
4840 Meadow Lane /Lot 2, Block 6, Bighorn Subdivision 5 th Addition
Applicant: Kelly Massey, represented by Weston Bierma
Shay Residence DRB110504 Bill
Final review of minor exterior alteration (stairs)
4545 Bighorn Road /Lot 1, Block 5, Bighorn Subdivision Addition 3
Applicant: Jenifer Shay
Criss Residence DRB110505 Tom
Final review of a minor exterior alteration (landscaping)
5119 Gore Circle /Lot 8, Block 2, Bighorn Subdivision 5 th Addition
Applicant: Erik Criss, represented by A Cut Above Forestry
Frampton Residence DRB110506 Tom
Final review of a minor exterior alteration (landscaping)
14 Beaver Dam Road /Lot 34, Block 7, Vail Village Filing 1
Applicant: Susan Frampton, represented by A Cut Above Forestry
Habenicht Residence DRB110509 Bill
Final review of a minor exterior alteration (deck)
1622 Matterhorn Circle /Lot 25B, Matterhorn Village
Applicant: Florence Habenicht
Harari Residence DRB110511 Bill
Final review of changes to approved plans (screen wall)
610 West Lionshead Circle, Unit 703 (Landmark) /Lot 1, Block 1, Vail Lionshead Filing 1
Applicant: Philippe Harari, represented by Steve Michonski
McCallum Residence DRB110512 Bill
Final review of minor exterior alteration (windows, door)
4640 Racquet Club Drive, Building 10, Unit 7 /Unplatted
Applicant: Jennifer McCallum, represented by Brian Zaikis
Helmering Residence B11 -0376 David
Final review of minor exterior alteration (roof)
4269 Nugget Lane /Lot 7, Bighorn Estates Subdivision
Applicant: Raymond and Doris Helmering, represented by Robert Eberle
Page 4
11/1/2011
2 -1 -4
Levin Residence B11 -0397 Shelley
Final review of a minor exterior alteration (roof)
4417B Columbine Drive /Lot 5, Bighorn Subdivision 3rd Addition
Applicant: Larry Levin, represented by Karbowski Construction
HABSCO Pool House B11 -0409 David
Final review of a minor exterior alteration (roof)
312 Mill Creek Circle /Lot 5, Block 1, Vail Village Filing 1
Applicant: Richard Bass, represented by Tom Beck
The applications and information about the proposals are available for public inspection during regular office
hours in the project planner's office, located at the Town of Vail Community Development Department, 75
South Frontage Road. Please call 479 -2138 for information.
Sign language interpretation available upon request with 24 hour notification. Please call 479 -2356,
Telephone for the Hearing Impaired, for information.
Page 5
11/1/2011
2 -1 -5
PLANNING AND ENVIRONMENTAL COMMISSION
October 24, 2011
1:OOpm
TOWN OFVA(L '
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Michael Kurz None
John Rediker
Tyler Schneidman
Bill Pierce
Henry Pratt
Luke Cartin
Pam Hopkins
SITE VISITS
None
20 minutes
1. A request for the review of variances from Section 12 -6D -6, Setbacks, Section 12 -6D -8,
Density Control, and Section 12 -6D -9, Site Coverage, Vail Town Code, pursuant to
Chapter 12 -17, Variances, Vail Town Code, to allow for the construction of a garage
within the side setback in excess of the allowable gross residential floor area and site
coverage, located at 2586 Davos Trail /Lot 4, Block E, Vail das Schone Filing 1, and
setting forth details in regard thereto. (PEC110053)
Applicant: William R. Aylesworth, represented by Steve Francis
Planner: Bill Gibson
ACTION: Approved
MOTION: Kurz SECOND: Schneidman VOTE: 7 -0 -0
Bill Gibson made a presentation per the Staff memorandum and forwarded the Design
Review Board's recommendation that variances be granted for the applicant's original
garage design (4:12 roof pitch).
Mrs. Francis, representing the applicant, stated that there was a steep driveway
condition on the site which she believed warranted the variances for the proposed
garage addition and new driveway.
Commissioner Pierce noted his support of the applicant's revised garage design (2:12
roof pitch).
Commissioner Pratt asked for additional information about the Design Review Board's
recommendation.
Bill Gibson explained the Design Review Board's recommendation was in response to
their belief that the 4:12 pitch roof was architecturally compatible and allowed for roof
materials other than built up tar and gravel.
Page 1
11/1/2011
2 -2 -1
There was no public comment.
20 minutes
2. A request for the review of a variance from Section 11-6-3A-1c, Height, Business
identification signs in Sign District 1, Sign Regulations, Vail Town Code, pursuant to
Chapter 11 -10, Variances, Vail Town Code, to allow for the installation of awnings with
less than eight (8) feet of minimum height clearance above pedestrianways, located at
186 Gore Creek Drive (The Lodge at Vail)/ Lots A, B, C, Block 5C, Vail Village Filing 1,
and setting forth details in regard thereto. (PEC110055)
Applicant: Tochter, LLC, represented by Leah KS Mayer
Planner: Rachel Dimond
ACTION: Approved with Condition(s)
MOTION: Kurz SECOND: Hopkins VOTE: 7 -0 -0
1. This sign variance approval is contingent upon the applicant obtaining Town of
Vail design review approval for the awning sign.
2. This variance shall be granted to all businesses located on the north facade at
the Lodge Promenade.
Rachel Dimond made a presentation per the Staff memorandum and outlined the Design
Review Board's recommendation of a variance approval for awning height.
Commissioner Pratt asked if the photo in Attachment B was a rendering of the proposed
awning design.
Rachel Dimond responded in the affirmative.
Commissioner Pratt explained that the awning was differing in design from the other
awnings.
Leah Mayer, representing the applicant, provided details on the proposed awning and
explained that all awnings on the subject facade are significantly different.
There was no public comment.
45 minutes
3. 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
ACTION: Recommendation of approval with modification(s)
MOTION: Kurz SECOND: Schneidman VOTE: 6 -1 -0 (Pratt opposed)
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 one year.
3. An additional provision shall be added to only allow the amount of outdoor ski
staging necessary to operate the business.
4. Section 11 -7 -17 shall be amended to be Section 11 -7 -18.
Page 2
11/1/2011
2 -2 - 2
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, 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 program and determine if amendments should be
explored.
Rachel Dimond made a presentation per the Staff memorandum with a PowerPoint
presentation.
Commissioner Hopkins stated that the regulations should be a short -term solution with a
set end time until a permanent solution is established. She expressed concern about
this use detracting from the beautiful village as it will be occurring outside the
establishments.
Commissioner Kurz expressed that the Commission requested regulations be written as
a conditional use permit. He inquired as to the applicability of including a sunset time
period in the regulations as suggested by Commissioner Hopkins.
Commissioner Hopkins expressed that there should be a goal in the regulations that
encourages the users of this use to seek a better solution than outside use of space.
She believes this is a great customer service that will flourish and she believes that
future improvements to the concept should be employed as they are found. She is
concerned that this use will detract from the village. She pointed out the amount of time
focused on newspaper rack designs, streetscape, etc.
Commissioner Pratt asked for clarification regarding the limitation on the height of
structures in the proposed regulation.
Rachel Dimond clarified that the six -foot height limit did not apply to tents.
Commissioner Pierce inquired as to the ability to place a time frame on this use if it were
to become an accessory use.
Commissioner Cartin stated he sees two separate issues regarding hotel verse
commercial ski rental establishments. He suggested that the requirements include
removal of this use from outside the business by 5 or 5:30 verse 7pm.
Commissioner Rediker asked several questions. He inquired with regard to the
definition of a retail establishment with rentals. He expressed a concern that there will
be a rush for retail establishments to provide this service. He said we may want to
narrow the definition of which establishments can offer this service. He suggested that
there be a time frame on all approvals. He stated concern about some limitation on the
number of racks and the ski yard beginning to look like an outdoor bazaar. He also
expressed concern about the enforcement of the aesthetics section of the proposed
regulations. He asked if it would be practical to have the racks manned, as it could be
costly for smaller businesses. He suggested that a height limitation may be necessary
Page 3
11 /1 /2111
2 -2 -
for tents. He said he understands why lodges need this use, but is concerned about
retail establishments and ski shops providing this service.
Johannes Faessler, representing the Sonnenalp, stated that Staff has done a good job
establishing regulations for a service the Sonnenalp has been providing for over 20
years. He suggested that the allowed timeframe for operations be left more flexible as
his racks are pushed into the store in the retail aisles just before closing. He also stated
that one cannot assume that all the skis are going to be picked up the next day as some
are being pulled and brought back to the lodge for the guest's departure. He agreed
with Commissioner Hopkins that there is probably a better solution out there, but he
does not believe this use will go away. He is concerned that there is no commercial ski
storage permitted on the first floor which forces this use outside of establishments. He
suggested that the retail surrounding Eaton Plaza may be a good area to allow
commercial ski storage as they are largely not open in the summer due to removal from
the village core.
Lance Thompson, representing the Sebastian, stated his business's ability to
accommodate any time frame for having the skis put away.
Adam Hart, representing the Double Diamond, inquired as to the allowable sign area.
He stated that having the racks outside in the evening allows him to accommodate more
customers as he places the racks on the first floor of the rental area at night.
Jeff Babb, representing Vail Resorts operations, spoke to his ability to have the skis
placed away by the 7 pm time frame. He spoke to the need to have the racks manned
and he asked that 6 square feet of signage be considered in the regulations. He spoke
to how Vail Resorts allows for other entities to come into the ski yard to utilize the space.
Johannes Faessler inquired as to how the approval of these applications will occur as ski
season is fast approaching.
Rachel Dimond responded that should the use be permitted as an accessory use subject
to design review only, review by the DRB could occur on November 16, as second
reading of an ordinance could occur as quickly as November 15.
Commissioner Kurz, suggested that an accessory use was appropriate, sign size of 6
square feet was appropriate, a provision for a revisiting the regulations after three ski
seasons. He added that providing for a 30 day amnesty to start the ski off to get your
plan approved.
Commissioner Rediker stated he is in favor of extended ski rack storage outside, 6
square feet of signage, and approval on a annual basis. He stated he would like to see
a statement that no more racks shall be permitted that is necessary for the operation of
the business. He said he believes that a sunset clause that would terminate the
regulations in three years may be too short based on the investments that will be made
by businesses.
Page 4
11/1/21)11
2 -2 - 4
Commissioner Hopkins stated that she was only looking for a provision to revisit the
regulations to make improvements after three ski seasons.
Commissioner Cartin expressed a concern that the first floor being allowed for storage of
racks could entice people to use the outdoor space and aisles to start a new business.
Adam Hart of the Double Dimond asked about provisions prohibiting the blocking of
store fronts.
Commissioner Pratt stated he believes it is important to not limit the approvals to one
year, but to call -up an approval if there is a problem. He stated six square feet of
signage is appropriate but maybe more should be allowed for logos. He would
recommend that certain establishments receive Staff approval if they have been
operating without problems.
45 minutes
4. A request for a recommendation to the Vail Town Council on prescribed regulation
amendments to Chapter 12 -15, Gross Residential Floor Area, Vail Town Code, pursuant
to Section 12 -3 -7, Amendment, Vail Town Code, related to the calculation of gross
residential floor area on the lowest level of a structure that contains a garage in the
Hillside Residential, Single - Family Residential, Two - Family Residential, and Two - Family
Primary/Secondary Residential Districts, and setting forth details in regard thereto.
(PEC110043)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Approved
MOTION: Kurz SECOND: Rediker VOTE: 6 -1 -0 (Cartin opposed)
Bill Gibson made a presentation per the Staff memorandum.
Kathy Langenwalter, local architect, spoke to the examples that were selected by Staff
and how they exhibit the topic being discussed. She made herself available for
questions.
Commissioner Pierce noted that the proposed amendments are what the Commission
had requested Staff to prepare.
Bill Gibson further clarified that the basement GRFA deduction is separate from the other
GRFA deduction. The basement deduction is not intended to be blended with other
credits like the garage deduction to artificially allow larger garages.
Commissioner Cartin expressed concern about double deductions being applied to the
same floor area.
Commissioner Hopkins stated that this clarification makes sense and is needed.
Commissioner Pratt expressed concern about designers "gaming" the system, but noted
that the sample calculations demonstrated the case for the proposed amendments.
Page 5
11/1/21)11
2 -2 -
Bill Gibson reiterated that some existing homes will be allowed to become larger than
under the current regulations, but only to the same extent already allowed for other
homes in the same zone district.
60 minutes
5. A request for a final recommendation to the Vail Town Council for prescribed regulations
amendments to Title 12, Zoning Regulations and Title 14, Development Standards, Vail
Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to provide
regulations that will implement sustainable building and planning standards, and setting
forth details in regard thereto. (PEC090028)
Applicant: Town of Vail
Planner: Rachel Dimond/ Kristen Bertuglia
ACTION: Tabled to November 14, 2011
MOTION: Kurz SECOND: Pratt VOTE: 7 -0 -0
Kristen Bertuglia made a presentation per the Staff memorandum.
Martin Haeberle stated that there is support for this countywide program in all
communities except Eagle and Gypsum.
Commissioner Pierce asked if a recommendation should be made at this time.
Rachel Dimond suggested that this is the beginning of many hearings to inform the PEC
prior to making any formal recommendations.
Commissioner Hopkins stated that it is admirable to keep up with the game. She said
that for now, education will help and then we can increase standards to be good
stewards of the planet.
Rachel Dimond stated that any architectural examples would be helpful to determine
how many points are already accrued by new homes.
Kristen Bertuglia stated that the Town conducted a cost analysis study and the increase
in cost would be between 3% and 10 %, depending on the structure of such a program.
Martin Haeberle stated that construction is of high quality so Vail homes are already
more efficient than the standard home in Denver.
Commissioner Pierce stated that the size of driveways should be addressed when
discussing heated driveways. He added that alternative sources of heating should be
explored.
Commissioner Hopkins stated that in addition, useless solar panels should not be
permitted.
Page 6
11 /1 /2111
2 -2 - 6
Commissioner Cartin stated that innovation should be split up with design, construction
and those innovations contributing to longevity. He added that the Walking Mountains
building in Avon is innovative, not just green to be green.
Commissioner Pratt stated that you should not be able to buy GRFA as an incentive to
be innovative. He added that points for solar panels should only be achieved when the
panels lay flat on the roof and are integrated with the structure. He added that when
building a house with snowmelt under ecoBuild, the fee was $80,000.
Rachel Dimond stated that Staff may propose to eliminate the bonuses for snowmelted
driveways including steeper grades and less snow storage.
Kristen Bertuglia stated that the goal is to reduce heated space.
Michael Kurz stated that the goal of local ecosystem health should be the primary goal.
He stated its naive to think anything we do will affect local climate change. However, he
stated that improving the gold medal trout status and similar items should be addressed
specifically. He added the program is terrific, specifically the concept of providing
incentives.
Commissioner Cartin identified the gems paradox- the more efficient you become, the
more you use resources.
Martin Haeberle stated that many mechanical systems are a result of this paradox.
Commissioner Kurz asked about studies on cost /square foot between a regular house
and a LEED home, for example.
Commissioner Hopkins stated in her experience, it can be an approximate 5% increase
in cost.
Jim Lamont of the Vail Village Homeowners Association stated you need criteria to give
more points for buildings that build less square footage than what they are allowed to
build. He added that the Town should understand how the regulations will affect cost.
Warren Campbell mentioned that while the original owner may want the improvements,
the next owner may wish to change the home, and thus, change how points have been
achieved.
Commissioner Pierce suggested not pushing for solar panels that don't produce energy.
Kristen Bertuglia explained the efficiency requirements of a rebate program.
5 minutes
6. A request for a recommendation to the Vail Town Council for a prescribed regulations
amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to amend
Chapter 12 -22, View Corridors, Vail Town Code, to allow for the maintenance of
Page 7
11/1/21)11
2 -2 -
designated view corridors impacted by vegetation, and setting forth details in regard
thereto. (PEC110056)
Applicant: Town of Vail
Planner: Warren Campbell
ACTION: Tabled to November 14, 2011
MOTION: Kurz SECOND: Pratt VOTE: 7 -0 -0
5 minutes
7. A request for a recommendation to the Vail Town Council on prescribed regulation
amendments to Chapter 12 -6, Residential Districts, Vail Town Code, pursuant to Section
12 -3 -7, Amendment, Vail Town Code, to establish a new zone district, Vail Village
Townhouse (VVT) District, and setting forth details in regard thereto; and a request for a
recommendation to the Vail Town Council on proposed amendments to Chapter VII, Vail
Village Sub - Areas, East Gore Creek Sub -Area ( #6), Vail Village Master Plan, pursuant to
Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include
recommendations related to a new Vail Village Townhouse (VVT) District, and setting
forth details in regard thereto. (PEC110040, PEC110041)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Tabled to November 14, 2011
MOTION: Kurz SECOND: Pratt VOTE: 7 -0 -0
5 minutes
8. A request for a recommendation to the Vail Town Council for prescribed regulations
amendments, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail
Town Code, to Sections 11 -7 -15, Public Parking and Loading Signs for Private Property,
Vail Town Code, and 11 -7 -16, Informational and Directional Sign for Public Parking on
Private Property, Vail Town Code, and setting forth details in regard thereto.
(PEC110021)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Withdrawn
9. Approval of September 26, 2011 minutes
MOTION: Kurz SECOND: Cartin VOTE: 7 -0 -0
10.Approval of October 10, 2011 minutes
MOTION: No action because hearing did not have quorum.
11. Information Update
12. Adjournment
MOTION: Kurz SECOND: Cartin VOTE: 7 -0 -0
The applications and information about the proposals are available for public inspection during
regular office hours at the Town of Vail Community Development Department, 75 South Frontage
Road. The public is invited to attend the project orientation and the site visits that precede the
public hearing in the Town of Vail Community Development Department. Please call (970) 479-
2138 for additional information. Sign language interpretation is available upon request with 24-
Page 8
11/1/21)11
2 -2 -8
hour notification. Please call (970) 479 -2356, Telephone for the Hearing Impaired, for
information.
Community Development Department
Published October 21, 2011, in the Vail Daily.
Page 9
11/1/2011
2 -2 -9
7s }
,
TOM OF Ni
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: November 1, 2011
ITEM /TOPIC: A worksession to discuss the 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) The purpose of this worksession is to:1. Update
the Town Council on the proposed regulations for outdoor ski staging2. Inform the Town
Council on the problem statement and goals of this ordinance3. Address any questions the
Town Council may have on the ordinance
PRESENTER(S): Rachel Dimond
ACTION REQUESTED OF COUNCIL: As this is a work session, the Vail Town Council
should listen to the presentation and respond to the following question: What additional
information would the Town Council like Staff to provide for the evening session?
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.
11 1 2011
-1 -i
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
3 -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
3 -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
11/1/2011
3 -2 -1
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.
Ordinance No. 22, Series 2011 2
11/1/2011
3 -2 -2
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
11/1/2011
3 -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
11/1/2011
3 -2 -4
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
11/1/2011
3 -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
11/1/2011
3 -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.
Ordinance No. 22, Series 2011 7
11/1/2011
3 -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
Ordinance No. 22, Series 2011 8
11/1/2011
3 -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
Ordinance No. 22, Series 2011 9
11/1/2011
3 -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
11/1/2011
3 -2- 10
Lorelei Donaldson, Town Clerk
Ordinance No. 22, Series 2011 1 1
11/1/2011
3 -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.
11/1/2011
3 -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.
Town of Vail Page 2
11/1/2011
3 -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
Town of Vail Page 3
11/1/2011
3 -3 -3
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:
Town of Vail Page 4
11/1/2011
3 -3 -4
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
Town of Vail Page 5
11/1/2011
3 -3 -5
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.
Town of Vail Page 6
11/1/2011
3 -3 -6
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:
Town of Vail Page 7
11/1/2011
3 -3 -7
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.
Town of Vail Page 8
11/1/2011
3 -3 -8
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
Town of Vail Page 9
11/1/2011
3 -3 -9
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
Town of Vail Page 10
11/1/2011
3 -3- 10
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
Town of Vail Page 11
11 /1/2011
3 -3- 11
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:
Town of Vail Page 12
11/1/2011
3 -3 -12
• 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
Town of Vail Page 13
11/1/2011
3 -3 -13
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,
Town of Vail Page 14
11/1/2011
3 -3- 14
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
Town of Vail Page 15
11/1/2011
3 -3- 15
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
3 -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
3 -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
3 -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
3 -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
3 -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
3 -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
3 -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
3 -4 -2
TOW& OF .
1� �l
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: November 1, 2011
ITEM /TOPIC: Information Update and Attachments:
1) Prehearing Statement and Rulemaking Revisions to 303D Listing
2) Solaris General Improvement District (GID) Agreement;
3) VLMD Future Contract Revenue Report and YTD 2011 Groups; and
4) Revenue Highlights
PRESENTER(S): Various
ATTACHMENTS:
Prehearing Statement & Rulemaking to Colorado 303D List
Solaris GID Agreement
Vail Group Report
111030 Revenue Highlights
11/1/2011
TOWN OF VAIL
75 South Frontage Road West Community Development Department
Vail, Colorado 81657 970.479.2138
vailgov.com 970.479.2452 fax
October 26, 2011
Paul Frohardt, Administrator
Colorado Water Quality Control Commission
Colorado Department of Public Health & Environment
4300 Cherry Creek Dr. South
Denver, CO 80246 -1530
Sent via email: cdphe.wgcca_state.co.us
RE: Prehearing Statement, Regulation #93 (5CCR 1002 -93)
Rulemaking Revisions to Colorado's 303(D) List of Impaired Waters & Monitoring
and Evaluation, Gore Creek & Red Sandstone Creek
Dear Mr. Frohardt:
Please be advised the Town of Vail is submitting the following Prehearing Statement to the
aforementioned proposed changes to Regulation #93 by the Colorado Water Quality Control
Commission. The Town of Vail is particularity concerned with the listings of Gore Creek and
Red Sandstone Creek within the Town's boundaries.
The Town of Vail requests the Commission postpone the Provisional 303(d) listing of Gore
Creek and Red Sandstone Creek for aquatic life use for the following reasons:
• The Town of Vail and other Eagle County Watershed stakeholders recognize the
importance of Gore Creek, the Eagle River Watershed and regional water quality as a
whole. The Town of Vail has taken affirmative steps to protect Gore Creek and its
tributaries, which has included working with the US Forest Service, US Geological
Survey, the Upper Eagle River Water and Sanitation District, Eagle River Watershed
Council and the Water Quality Control Division of CDPHE and other water quality
monitoring and management strategies for over 12 years.
• In 2011, the Town of Vail participated in the formation of a working group of local water
quality stakeholders called the Urban Runoff Group (URG). In early 2011 the URG
recognized that data collected over the past three (3) years indicates aquatic life use
concerns in Gore Creek at certain East Vail segments. The Town and the Urban Runoff
Group (URG) will continue the data collection and analyses effort through 2012 and
beyond, or as needed to identify pollutant(s) or pollution sources impacting Gore Creek
and Red Sandstone Creek. This effort will include the development of a focused
management strategy aimed at identifying and implementing water quality improvements
1 iii 201
4 -1 -I
for Gore Creek and Red Sandstone Creek. This effort will result in the implementation of
a Water Quality Improvement Plan (WQIP) in 2012, which includes specific measures to
reduce non -point source pollution, stream habitat and riparian improvement and
protection measures, community educational programs, and ongoing monitoring to
evaluate the effectiveness of the water quality improvement efforts.
• The URG is one of the most proactive watershed protection groups in the State of
Colorado, dedicated to working with the Eagle River Watershed Council to protect and
enhance our natural water resources.
• The Town has contributed $40,000 toward the $140,000 total funding cost required for
the development of the WQIP with our URG partners. It is anticipated the WQIP will be
a model water quality program replicated by other URG community stakeholders for
development of water quality protection efforts in their jurisdictions. Furthermore, the
Town of Vail contributes an average of $50,000 per year to the Eagle River Watershed
Council to support continued water quality monitoring, data collection and analysis by
the US Forest Service, US Geological Survey and the Eagle River Watershed Council.
• The State's process in listing streams based solely upon MMI scores does not take into
account the full picture of a stream's health. The Gore Creek Multi Metric Index (MMI)
marcoinvertebrate scores at the Waste Water Treatment Plant (WWTP) Gore Creek
outfall in Gore Creek's designated Gold Medal segment (3.5 miles to the confluence of
the Eagle River) is in attainment and recent fish sampling conducted by the Colorado
Division of Wildlife captured a large number of "quality trout" ( >14 inches) above the
mouth of Gore Creek. In addition, a large number of trout were found in the area below
the confluence of Red Sandstone Creek and there was remarkable diversity of fish
including brown, rainbow, brook and cutthroat trout and sculpin
• Improperly identifying a Gold Medal trout stream as impaired could have serious
economic consequences to our community. The economy of Vail and Eagle County is
based upon tourism and recreation and trout fishing in the Gold Medal reach of Gore
Creek is a vital component of our economy. Placing Gore Creek on the 303(d) List of
aquatic life use impairment could create a false impression that the fishery in Gore
Creek is in decline. Additional study is needed to fully understand biological conditions
in Gore Creek and to further investigate potential causes of impairment
• If Gore Creek is provisionally listed the State is the primary party responsible for Total
Maximum Daily Load (TMDL) development and investigations required to determine
whether the impairment is caused by pollutant(s) or pollution. However, the State has
limited and insufficient resources to support the investigations required determining the
cause of impairment on Gore Creek. The Town along with the URG has already taken
the lead in addressing aquatic life use concerns ahead of the Commission's proposal to
list Gore Creek on the 303(d) list. Therefore the Town recommends that Gore Creek be
added to the 303(d) monitoring and evaluation list for aquatic life use and the State join
forces with the Town and URG to complete the investigations needed to determine if
impairment exists, causes of aquatic life impairment, and the appropriate corrective
actions.
The Town recognizes that MMI scores in portions of Gore Creek indicate stress, and the
Town will continue working with the URG on monitoring, data collection, evaluation, and
mitigation where necessary to protect and improve the aquatic life use of Gore Creek.
Therefore, the Town requests the Commission to wait until the next 303(d) listing period
Town of Vail Page 2
11/1/2011
4 -1 -2
(2013), giving the Town and the URG time to implement the WQIP and report the measured
results of improved aquatic life use to the State Water Quality Control Division (WQCD).
The Town requests Gore Creek be removed from the proposed WQCD 2012 303d list of
impaired streams for aquatic life use.
Please do not hesitate to contact the Town of Vail at 970 - 479 -2333 if you have any questions.
Sincerely,
TOWN OF VAIL
William T. Carlson, REHS
Environmental Health Officer
CC: Stan Zemler, Town Manager
George Ruther, Community Development Director
Greg Hall, Public Works Director
Town of Vail Page 3
11/1/2011
4 -1 -3
INTERGOVERNMENTAL AGREEMENT BETWEEN
SOLARIS METROPOLITAN DISTRICT NO. 1
AND TOWN OF VAIL GENERAL IMPROVEMENT DISTRICT NO. 1, TOWN OF
VAIL, COLORADO
THIS AGREEMENT is made and entered into as of this 22nd day of March, 2007, by
and between the SOLARIS METROPOLITAN DISTRICT NO. 1, a quasi - municipal corporation
and political subdivision of the State of Colorado (the "District ") and the Town of Vail General
Improvement District No. 1, Town of Vail, Colorado (the "GID "). The District and the GID are
collectively referred to as the Parties.
RECITALS
WHEREAS, the District was organized concurrently with Solaris Metropolitan District
No. 2 and Solaris Metropolitan District No. 3 (collectively, the "Districts ") to provide those
services and to exercise powers as are more specifically set forth in the Consolidated Service
Plan for Solaris Metropolitan District Nos. 1, 2 and 3, approved by the Town of Vail, Colorado
on September 19, 2006 (the "Service Plan"); and
WHEREAS, the Service Plan makes reference to the execution of an intergovernmental
agreement between the Districts and the GID, which agreement is to be pursuant to the terms
contained in the Development Agreement (as defined herein), and which agreement (defined in
the Development Agreement as the "IGA ") is a condition of the approval of the GID, pursuant to
Ordinance No. 26 Series 2006 adopted by the Town of Vail (the "Ordinance "); and
WHEREAS, the District, in accordance with the terms of the Service Plan and the
Ordinance, is entering into this Agreement on behalf of the Districts in order to satisfy the
requirements stated above; and
WHEREAS, the Crossroads Development Agreement between the Town of Vail,
Colorado and Crossroads East One, LLC (the "Developer "), dated July 25, 2006 (the
"Development Agreement'), sets forth the provisions for the construction, operation and
maintenance of certain Required Improvements (as defined therein) and states that the
responsibility for the authority to control the use of the Plaza (as defined therein) shall be
delegated, assigned or otherwise conveyed to the GID from the District. The term "Developer,"
as used herein, will include any affiliates of Crossroads East One, LLC, that have any ownership
interests in the Property or any portion thereof from time to time; and
WHEREAS, the District and the GID have determined it to be in the best interests of
their respective taxpayers, residents and property owners to enter into this Intergovernmental
Agreement ("Agreement") as it will properly allocate various rights and responsibilities
associated with the construction, use, operation and maintenance of the Required Improvements;
reinforce the public character of the Plaza by placing its management in the hands of quasi -
governmental entities; grant the GID authority to control the use of the Plaza and the operation
and maintenance of certain other Required Improvements; and provide a reliable, enduring
11/1/2011
4 -2 -1
financing mechanism to ensure the long -term vitality of such Required Improvements. NOW,
THEREFORE, in consideration of the covenants and mutual agreements herein contained, and
for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties hereto agree as follows:
COVENANTS AND AGREEMENTS
1. Purpose of Agreement. This Agreement is in compliance with the Service Plan
and the Development Agreement, and will constitute the IGA required under the Development
Agreement and the Service Plan.
2. Authority of the District. The District shall have the authority to undertake
certain activities pursuant to the Service Plan and Development Agreement, including, but not
limited to, operation and maintenance of the Required Improvements (except to the extent
operated and maintained by the GID pursuant to the following provisions); securing the
financing necessary to perform such functions through the imposition of property taxes and
development fees; and taking such other actions and exercising such other powers, consistent
with the Special District Act, as are necessary for or incidental to the performance of the
District's duties and /or exercise of the District's rights and powers as outlined in the Service
Plan. The foregoing provisions shall not be construed to limit rights and powers otherwise
vested in the District.
3. Delegation.
a. The District hereby delegates to the GID the authority to control the use of
the Plaza for the life of the Special Development District No. 39 (defined in the Development
Agreement as the "SDD "). This authority shall include the power to plan, program, schedule,
administer and regulate all public and special events conducted on the Plaza, and otherwise use
and run the Plaza for the public benefit; provided, however, that all Plaza uses, including public
and special events, must be consistent with ordinary uses for similar public parks or facilities
within the Town of Vail. The GID further agrees that the Plaza uses may not be materially
inconsistent with the operating standards generally and ordinarily prevailing for a first -class hotel
operation (as described in paragraph 0 below). The GID's rights of operation and control will
also be subject to the applicable provisions and limitations under the Development Agreement,
including, without limitation, the retained rights of Developer to schedule and conduct special
events within the Plaza, and the other limitations on Plaza operations and uses under Section 3(d)
of the Development Agreement.
b. For all community, entertainment and other events conducted within the
Plaza, including, without limitation, special events sanctioned and contracted by the Town of
Vail and /or the GID pursuant to Title 3, Chapter 6 of the Vail Town Code (collectively "Plaza
Events "), the District and the GID will mutually establish a form of license agreement that will
govern the entry into the Plaza and the conduct of the particular Plaza Event by the party holding
the Plaza Event (a "Plaza Licensee "). Without limitation on the foregoing, the form of license
agreement will establish appropriate provisions requiring the Plaza Licensee to (i) furnish
general commercial or other liability insurance with suitable amounts of coverage and terms and
naming the District, the GID, the Developer and other owners and occupants within the Property
3
11/1/2011
4 .2.2
as additional insureds; (ii) provide contractual releases and indemnities of those parties for any
liability or loss that may arise in connection with the Plaza Event, including, without limitation,
any physical damage suffered by the Plaza, or other portions of the Property or Project;
(iii) furnish clean -up and /or damage deposits and other security as may be appropriate to protect
against any resulting damage to or adverse effects upon the Plaza, or other portions of the
Property and Project; and (iv) adhere to use limitations and regulations (including security
measures) that may be appropriately imposed to prevent any public or private nuisance or protect
persons, property and business interests, or in furtherance of any other bona fide purpose. The
form of license agreement will also be modified or supplemented as necessary from time to time
for particular Plaza Events to address their specific circumstances. Before any Plaza Licensee is
permitted to enter the Plaza, the requisite license agreement must be executed and delivered by
the Plaza Licensee, and in turn accepted and executed and delivered by both the GID and the
District.
c. The District hereby grants the GID an irrevocable license to enter the
Plaza in furtherance of the GID's exercise of its rights and powers hereunder respecting the Plaza,
which license will terminate and be of no further force or effect upon the termination of the SDD.
The District will retain any easement or ownership interests that it has or hereafter acquires in
relation to the Plaza.
d. The GID agrees that the GID shall be solely responsible for and obligated
to bear all liabilities, obligations and losses associated with the use and enjoyment of the Plaza as
provided in Paragraph 3(a) (so long as the GID holds its rights to control the use of the Plaza), as
well as any maintenance of the Plaza undertaken by the GID pursuant to paragraph 0 below, with
the District and Developer to bear no such obligation, loss or liability. The GID will not cause or
suffer any lien or encumbrance to arise against the ownership of the Plaza, or any interest therein,
in connection with the GID' s use of the Plaza, or any maintenance of the Plaza by GID pursuant
to paragraph 0 below, or otherwise to arise by, through or under the GID. The GID will
reimburse the District and Developer for any costs and expenses, including reasonable attorneys'
fees, that they may incur in connection with any obligation, loss or liability for which the GID is
responsible, or any claim thereof, or any such lien or encumbrance against the Plaza or any
interest therein (including, without limitation, any sums expended by the District or Developer to
extinguish any such lien or encumbrance).
e. For purposes of the foregoing provisions, all references to the "Plaza"
shall specifically exclude the Ice Rink, and as set forth in the Development Agreement,
Developer and /or the District will maintain ownership and operating control of the Ice Rink, with
the GID having no rights with respect thereto. In addition, for purposes of this Agreement and
the Development Agreement, the SDD shall be deemed to terminate whenever (i) the Property is
re -zoned to another zone district within the Town of Vail other than "special development
district," or (ii) the SDD becomes the subject of a major amendment (as defined in the Vail
Town Code ordinances governing special development districts) which does not contain an
express stipulation that the GID' s use of the Plaza will remain in effect.
4. Authority of the GID. In addition to and separately from the GID's rights
hereunder respecting the Plaza, the GID shall be authorized to undertake the management,
operation and maintenance of other specific Required Improvements and the financing required
4
11/1/2011
4 -2 -3
in connection therewith pursuant to this Agreement, the Development Agreement, the Service
Plan and the GID organizational documents, provided the District at its election gives its written
consent thereto for any Required Improvements located within the Property. The GID's
obligations under this Agreement respecting its operation, use and maintenance of the Plaza shall
extend and apply to those other Required Improvements as well. With respect to the Plaza, the
GID shall only have the power to control the use and operation of the Plaza in accordance with
the foregoing provisions, and to provide the financial resources therefor (which shall be solely
the GID's responsibility), and shall not have any rights to maintain the Plaza except to the extent
expressly set forth hereinafter.
5. Maintenance. The District shall have the responsibility for maintaining the Plaza
in material conformance with the standards generally and ordinarily observed by any recognized
first -class hotel operator. The requirements for such standards include but are not limited to
maintaining the cleanliness, proper appearance, character, service and atmosphere of a
destination which would receive a four (4) or five (5) star rating from the Mobil Travel Guide.
However, if there is any damage or physical deterioration to the Plaza exceeding ordinary wear
and tear that results from Plaza Events or other operations by or through the GID, the GID shall
reimburse the District upon demand for all costs and expenses incurred by the District for
maintenance, repairs or replacements undertaken to address such damage or physical
deterioration.
6. GID Maintenance.
a. In the event that the District fails to maintain the Plaza consistent with the
standards stated herein, the GID, the Town of Vail or the Developer may provide a written notice
of violation to the District, identifying the nature of the violation or suspected violation and shall
set forth the steps required to abate the violation (the "NOV "). Within thirty (30) calendar days
following receipt of an NOV, the District shall deliver a written response to the GID, the Town
of Vail and the Developer, which shall contain, at a minimum, the following information:
(1) Acknowledgment that the violation occurred and notice that the
violation has been abated together with a description of the actions taken to abate the violation;
or
(2) Acknowledgment that the violation is occurring and a description
of steps that are being taken to abate the violation together with a proposed timeline for
abatement; or
(3) Notice that the District disputes the NOV together with an
explanation of the basis of the District's disagreement.
(4) Within twenty (20) calendar days following receipt of a response
from the District in accordance with the provisions above, the complaining party shall confirm,
in writing, their agreement or disagreement with the District's response.
(5) If the complaining party disagrees with the District's response, the
parties shall immediately meet to resolve the disagreement.
5
11/1/2011
4-2-4
b. If a violation by the District continues after a total of sixty (60) days from
the time the complaining party becomes aware of the violation, and the District is not in the
process of curing such violation, then the District shall delegate to the GID the authority to
maintain the Plaza for the life of the SDD; provided however, that the GID shall be required to
maintain the Plaza in compliance with the standards stated herein (including paragraph 0 above),
this Agreement and any other agreement(s) or instrument(s) bearing on the operation and/or
maintenance of the Plaza. The GID shall have no right to undertake Plaza maintenance unless
and until the GID expressly assumes in writing responsibility therefor in accordance with the
terms of this Agreement.
c. In the event that the GID, after assuming the authority to maintain the
Plaza in accordance with the terms herein, fails to maintain the Plaza in accordance with the
required standards, then the District, at its election and without obligation to do so, may enter the
Plaza and undertake the maintenance defaulted by the GID, and upon demand the GID shall
reimburse the District for all costs and expenses, including reasonable attorneys' fees, incurred
by the District in determining to exercise this self - remedy and in its actual exercise. The
foregoing reimbursement obligations of the GID may be enforced only to the extent funds are
appropriated by and available to the GID for the Plaza maintenance.
7. Notices. All notices, demands, requests or other communications to be sent by
one party to the other hereunder or required by law shall be in writing and shall be deemed to
have been validly given or served by delivery of same in person to the applicable address, or by
overnight courier delivery, via United Parcel Service or other nationally recognized overnight air
courier service, or by depositing same in the United States mail, certified or registered mail,
return receipt requested, postage prepaid, addressed as follows:
To the District: Solaris Metropolitan District No. 1
c/o White, Bear & Ankele Professional Corporation
1805 Shea Center Drive, Suite 100
Highlands Ranch, CO 80129
Attn: William P. Ankele, Jr.
Phone: (303) 858 -1800
Fax: (303) 858 -1801
copy to: Solaris /Crossroads Redevelopment
143 East Meadow Drive
Vail, CO 81657 -5248
Attn: Reed Weily, Esq.
Phone: (970) 479 -7566
Fax: (970) 479 -6666
6
11/1/2011
4 -2 -5
To the GID: Town of Vail General Improvement District No. 1
Town of Vail, Colorado
75 S. Frontage Road
Vail, CO 81657
Attn: Matt Mire, Town Attorney
Phone: (970) 479 -2460
Fax: (970) 479 -2157
All notices, demands, requests or other communications shall be effective upon such
personal delivery, or one (1) business day after being deposited with United Parcel Service or
other nationally recognized overnight air courier service, or three (3) business days after deposit
in the United States mail. By giving the other party hereto at least ten (10) days written notice
thereof in accordance with the provisions hereof, each of the Parties shall have the right from
time to time to change its address for notice purposes. Any notice may be given on behalf of a
party by its legal counsel.
8. Amendment. This Agreement may be amended, modified, changed, or terminated
in whole or in part only by a written agreement duly authorized and executed by the Parties
hereto.
9. Assignment. No Party hereto shall assign any of its rights nor delegate any of its
duties hereunder to any person or entity without having first obtained the prior written consent of
all other Parties, which may be withheld in their discretion. Any purported assignment or
delegation in violation of the provisions hereof shall be void and ineffectual. In the case of any
permitted assignment or delegation, the assigning or delegating Party shall remain primarily
liable for its obligations and duties hereunder.
10. Default/Remedies. In the event of a breach or default of this Agreement by any
Party, the non - defaulting Parties shall be entitled to exercise all remedies available at law or in
equity, specifically including suits for specific performance and/or monetary damages. In the
event of any proceeding to enforce the terms, covenants or conditions hereof, the prevailing
Party /Parties in such proceeding shall be entitled to obtain as part of its judgment or award its
reasonable attorneys' fees.
11. Governing Law and Venue. This Agreement shall be governed and construed
under the laws of the State of Colorado.
12. Inurement. Each of the terms, covenants and conditions hereof shall be binding
upon and inure to the benefit of the Parties hereto and their respective successors and assigns (the
foregoing being without limitation on paragraph 0 above).
13. Integration. This Agreement constitutes the entire agreement between the Parties
with respect to the matters addressed herein. All prior discussions and negotiations regarding the
subject matter hereof are merged herein.
14. Parties Interested Herein. Nothing expressed or implied in this Agreement is
intended or shall be construed to confer upon, or to give to, any person other than the District and
7
11/1/2011
4 -2 -6
the GID any right, remedy, or claim under or by reason of this Agreement or any covenants,
terms, conditions, or provisions thereof, and all the covenants, terms, conditions, and provisions
in this Agreement by and on behalf of the District and the GID shall be for the sole and exclusive
benefit of the District and the GID. Notwithstanding the foregoing, however, the Developer and
other owners /occupants within the Property shall be express third -party beneficiaries of the
provisions hereunder that are intended to run to their benefit.
15. Severability. If any covenant, term, condition, or provision under this Agreement
shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of
such covenant, term, condition, or provision shall not affect any other provision contained
herein, the intention being that such provisions are severable.
16. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall constitute an original and all of which shall constitute one and the same document.
17. Paragraph Headings. Paragraph headings are inserted for convenience of
reference only.
18. Defined Terms. Capitalized terms used herein and not otherwise defined shall
have the meanings ascribed to them in the Development Agreement.
SOLARIS METROPOLITAN DISTRICT
NO. 1
Attest:
By: By:
Secretary Presid: 4111b■
TOWN OF VAIL
GENERAL IMPROVEMENT DISTRICT
NO. 1
TOWN OF VAIL, COLORADO
By: Sad n . S I ce..r By: - r/q
Its:Tavt r ts ✓ -
SOLMD \AGTS\MER1458031607
0950.0302
8
11/1/2011
4 -2 -7
Vail Valley Partnership
2011 YTD Groups Consumed - Vail
Departure Room Actualized
Arrival Date Date Group Type Company Program Title Nights Revenue State
12/26/2010 1/2/2011 Weddings /Reunions Wedding: Nays- Cleghorn Wedding- Nays 50 $9,620.00
1/13/2011 1/16/2011 Continuing Education American Academy of Pediatrics Practical Pediatrics Course 2011 723 $156,726.00 IL
Society of Cardiovascular
1/20/2011 1/23/2011 Association Anesthesiologists SCA Board Meeting 60 $24,485.00 VA
American College of Healthcare
1/22/2011 1/28/2011 National Association Executives Ski Cluster 315 $62,535.49 IL
2/24/2011 2/27/2011 Corporate Gensler Corporate Ski Group Feb 2011 270 CA
Institute for Advanced Medical
3/1/2011 3/5/2011 Continuing Education Education- IAME USRA Skills Course 2011 90 $56,544.03 VT
3/2/2011 3/6/2011 Corporate Law Firm of Triebsch & Frampton Guy's Ski Weekend 40 $.00 CA
American Academy of Orthopaedic 2011 AAOS /AOSSM Sports
3/8/2011 3/13/2011 Continuing Education Surgeons Medicine Course 420 $159,551.00 IL
Make Mine A Million (M3)
4/1/2011 4/3/2011 Association SayNoMore! Promotions Executive Women's Retreat $6,335.00 CO
4/9/2011 4/12/2011 Corporate ConferenceDirect Western Union Club 500 Meeting 115 $21,350.00 CO
4/17/2011 4/19/2011 Association Future Business Leaders of America FBLA Annual $3,810.00 CO
4/17/2011 4/19/2011 Association Future Business Leaders of America FBLA Annual $17,404.78 CO
4/17/2011 4/19/2011 Association Future Business Leaders of America FBLA Annual $26,768.00 CO
4/17/2011 4/19/2011 Association Future Business Leaders of America FBLA Annual $2,680.00 CO
4/17/2011 4/19/2011 Association Future Business Leaders of America FBLA Annual $3,720.00 CO
4/17/2011 4/19/2011 Association Future Business Leaders of America FBLA Annual $3,720.00 CO
4/17/2011 4/19/2011 Association Future Business Leaders of America FBLA Annual 670 $84,118.00 CO
4/17/2011 4/19/2011 Continuing Education Future Business Leaders of America Colorado FBLA Annual 200 $76,630.68 CO
5/12/2011 5/15/2011 Sports & Events Creative Conventions & Events Pilates Teacher Training Summit 115 $10,283.00 CO
Ruckheads Tour Club - Scotland
5/25/2011 5/27/2011 Sports & Events SWDI Travel Adventures Rugby Team 20 $2,307.40 CO
5/27/2011 5/30/2011 Weddings /Reunions Wedding: Wingard - Schlut Wedding: Wingard - Schult $4,050.00 CO
6/2/2011 6/6/2011 Sports & Events USA Judo USA Judo President's Cup 1200 $11,061.00 CO
11/1/2011
4 -3 -1
Vail Valley Partnership
2011 YTD Groups Consumed - Vail
6/9/2011 7/1/2011 Continuing Education Peak Learning Systems Summer Institutes 700 $159,581.65 CO
6/10/2011 6/12/2011 Sports & Events On Target Communications Vail Firefighter Combat Challenge $.00 MD
Investment Management
6/15/2011 6/18/2011 Association Investment Management Associates, Inc Association 150 $8,160.00 CO
6/17/2011 6/20/2011 Sports & Events Jeff Galloway Productions Jeff Galloway Running Retreat 45 $3,366.00 GA
6/20/2011 6/25/2011 Regional Association Colorado Municipal League Annual Conference $33,771.00 CO
6/20/2011 6/25/2011 Regional Association Colorado Municipal League Annual Conference $6,640.00 CO
6/20/2011 6/25/2011 Regional Association Colorado Municipal League Annual Conference $28,926.00 CO
6/20/2011 6/25/2011 Regional Association Colorado Municipal League Annual Conference 1825 $136,669.00 CO
6/21/2011 6/22/2011 SMERF Fairfields Glade Lady's Club Fairfield Lodge Lady's Club 24 $2,530.00 TN
6/21/2011 6/23/2011 SMERF Booz Allen Hamilton, Inc. OLE Spring Meeting 165 $17,290.00 VA
National Conference of Commissioners
7/6/2011 7/14/2011 National Association on Uniform State Laws National Conference 1800 $282,362.00 IL
7/17/2011 7/20/2011 Corporate PS Technology Users Conference 120 $23,463.00 CO
7/25/2011 7/27/2011 SMERF KT Enterprises CSBG Conference 200 $23,375.00 CO
8/18/2011 8/21/2011 Corporate Tyson Foods, Inc. FSA 2011 Incentive 180 $36,490.00 AR
Continental Sports & Event
8/19/2011 8/21/2011 Sports & Events Management Diva Half Marathon $31,658.00 NY
8/19/2011 8/21/2011 Weddings /Reunions Wedding: Bultman Wedding: Bultman $5,703.00 MN
8/19/2011 8/21/2011 Sports & Events Legacy Entertainment Vail Soul Music Fest 2011 99 $39,495.64 CO
8/24/2011 8/26/2011 Sports & Events Real Life Portraits Red Zinger/ Coors Classic Reunion $1,640.00 CO
8/26/2011 8/28/2011 Weddings /Reunions Wedding: Rafferty Wedding: Rafferty $7,566.00 MN
Women's Empowerment
9/15/2011 9/18/2011 Corporate Envision.Believe.Create Weekend (WEW) 150 $4,385.58 CO
9/15/2011 9/16/2011 Corporate 3T Systems 3T Summit 50 $9,010.00 CO
11/1/2011
4 -3 -2
Vail Valley Partnership
2011 YTD Groups Consumed - Vail
9/29/2011 10/2/2011 Sports & Events Vail Soccer CIub2011 Vail Valley Challenge Cup CO
10/6/2011 10/10/2011 Weddings /Reunions Wedding: Slater- Lawrence Wedding: Slater- Lawrence 150 IL
11/4/2011 11/6/2011 Continuing Education Cherry Creek High School DECA DECA 100 CO
2011 American Lawyers - Ski
12/7/2011 12/11/2011 Corporate Meister Meetings & Travel Corp Trails & Cocktails 60 FL
12/12/2011 12/16/2011 Corporate Reckitt Benckiser Latin America Reckitt Benckiser Latin America 80 FL
10186 $1,605,781.25
11/1/2011
4 -3 -3
Vail Valley Partnership
Groups Booked Future Arrivals
Room Contracted
Arrival Date Departure Date Group Type Company Program Title Nights Revenue State
SIGMA (Society of Independent
1/19/2012 1/27/2012 National Association Gasoline Marketers /America) Executive Leadership Conference 525 $163,254.00 VA
2/28/2012 3/3/2012 Continuing Education Minneapolis Radiology CARVE 2012 360 $136,630.00 MN
2/18/2012 2/25/2012 Continuing Education Western Trauma Association Western Trauma Association- Annual Meeting 855 $263,644.00 IN
4/22/2012 4/24/2012 Association Future Business Leaders of America FBLA Annual 230 $28,980.00 CO
4/19/2012 4/23/2012 Continuing Education Future Business Leaders of America Colorado FBLA Annual 616 $75,794.00 CO
National Association of Mutual
6/26/2012 6/29/2012 Association Insurance Companies 2011 Management Conference 1017 $157,635.00 IN
Colorado Parks and Recreation
9/24/2013 9/27/2013 Regional Association Association Annual Conference 600 $90,000.00 CO
4/21/2013 4/23/2013 Association Future Business Leaders of America FBLA Annual $29,440.00 CO
2/2/2012 2/5/2012 Corporate Steelcase Inc. 2012 North American Adventures 80 $23,920.00 MI
6/18/2013 6/23/2013 Regional Association Colorado Municipal League Annual Conference 1825 $7,690.00 CO
4/11/2012 4/13/2012 Association Colorado Association of REALTORS® Spring Business Meeting $20,700.00 CO
6/18/2013 6/23/2013 Regional Association Colorado Municipal League Annual Conference $275,000.00 CO
6/17/2013 6/22/2013 Regional Association Colorado Municipal League Annual Conference $32,870.00 CO
4/21/2013 4/23/2013 Association Future Business Leaders of America FBLA Annual 670 $81,740.00 CO
6/19/2013 6/21/2013 Regional Association Colorado Municipal League Annual Conference 1825 $22,960.00 CO
9/30/2012 10/8/2012 SMERF Living Church of God Church Membership Conference 520 $51,480.00 NC
Institute for Advanced Medical
2/7/2012 2/12/2012 Continuing Education Education- IAME USRA Skills Course 2012 171 $61,389.00 VT
2/2/2012 2/5/2012 National Corporate Kirkland and Ellis, LLP Kirkland and Ellis, LLP 700 $281,742.00 IL
7/29/2012 8/3/2012 Continuing Education Children's Hospital Pediatric Infectious Disease Conference 264 $63,605.00 CO
4/22/2012 4/24/2012 Association Future Business Leaders of America FBLA Annual 670 $81,740.00 CO
3/7/2012 3/11/2012 Weddings /Reunions Wedding: Deutscher Wedding: Deutscher CO
11/1/2011
4 -3 -4
Vail Valley Partnership
Groups Booked Future Arrivals
Institute for Advanced Medical
2/5/2013 2/10/2013 Continuing Education Education- IAME USRA Skills Course 2013 172 $63,099.00 VT
6/8/2012 6/30/2012 Continuing Education Peak Learning Systems Summer lnstitutes 700 $110,260.00 CO
8/16/2012 8/19/2012 Weddings /Reunions WeddingTasche Wedding. Tasche 115 CO
Colorado Airport Operators Association
5/30/2012 6/1/2012 Association Eagle County Airport Conference 160 $18,750.00 CO
4/18/2013 4/23/2013 Continuing Education Future Business Leaders of America Colorado FBLA Annual 616 $75,794.00 CO
7/15/2012 7/18/2012 Association Society of Petroleum Engineers 180 TX
12871 $2,218,116.00
11/1/2011
4 -3 -5
TOWN OF VAIL
REVENUE HIGHLIGHTS
October 27, 2011
Sales Tax
Sales tax collections are not currently available, but a revised report will be
provided on Tuesday, November 1St
Use Tax
Use tax collections as of October 25, 2011 total $702,225 compared with
$1,031,009 at this time last year, down 32 %. The annual budget of $500,000
assumed a decrease of 55 %, and has already been surpassed.
Real Estate Transfer Tax (RETT)
RETT collections through October 25 total $3,374,952 down 42% from this time
last year. Annual budgeted revenue of $4.7 million is a 32% decrease from 2010
collections and will be adjusted next month. Approximately $1,487,218 or 44% is
from major redevelopment projects including Arrabelle, Four Seasons,
Landmark, Manor Vail, Mountain View, Ritz Carlton Residences, Solaris, and
The Sebastian. Collections not related to major redevelopment projects currently
total $1,884,127, down 11.5% from this time last year.
Summary
Across all funds and revenue accounts through October 25, 2011, total revenue
of $39.6 million is up 5.0% from budget and down 5.6% or approximately $2.3
million from this time last year, mainly due to a decrease in RETT collections.
We have currently received 70% of total budgeted revenues for the year.
-1-
11/1/2011
4 -4 -1
TOWWM OF .
1� !
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: November 1, 2011
ITEM /TOPIC: Matters from Mayor and Council
11/1/2011