HomeMy WebLinkAbout2012-04-03 Agenda and Support Documentation Town Council Evening Session VAIL TOWN COUNCIL
EVENING SESSION AGENDA FQ IV OF VA10
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
6:00 P.M., APRIL 3, 2012
NOTE: Times of items are approximate, subject to change, and cannot
be relied upon to determine at what time Council will consider
an item.
1. ITEM/TOPIC: Citizen Participation (15 min.)
PRESENTER(S): Public
2. ITEM/TOPIC: Consent Agenda:
1) Resolution No. 16, Series of 2012 ERWSD Matterhorn Circle Bridge
Replacement IGA. (10 min.)
PRESENTER(S): Various
3. ITEM/TOPIC: Town Manager Report:
1) Emergency Evacuation discussion;
2) Lionshead Welcome Center Community Space final discussion on rates;
and
3) Lionshead Welcome Center Community Space Naming discussion. (15
min.)
PRESENTER(S): Stan Zemler
4. ITEM/TOPIC: First reading of Ordinance No. 3, Series 2012, an ordinance
making supplemental appropriations to the Town of Vail General Fund,
Capital Projects Fund, Real Estate Transfer Tax Fund, Conference Center
Fund, Dispatch Services Fund and Heavy Equipment Fund (30 min.)
PRESENTER(S): Kathleen Halloran
ACTION REQUESTED OF COUNCIL: Approve or approve with
amendments Ordinance No. 3, Series 2012
BACKGROUND: Please see attached documentation
STAFF RECOMMENDATION: Approve or approve with amendments
Ordinance No. 3, Series 2012
5. ITEM/TOPIC: ACE —Athletics, Culture and Events Independent Funding
Initiative (15 min.)
PRESENTER(S): Mia Vlaar
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ACTION REQUESTED OF COUNCIL: ACE requests the Town Council
appropriate up to $15,000 to fund a voter poll to gauge support for the
independent funding initiative. Results will be presented to Town Council
upon completion at the next available meeting for further input and direction.
BACKGROUND: One year ago a group was formed at the direction of the
sitting Town Council to explore the creation of an independent funding
mechanism for events and programs in Vail. Currently the Town Council
allocates approximately $2.1 million out of the general fund to support
athletic, cultural and other special events in the town on a year round basis.
Creating a larger fund is the goal, because this will allow the Town to sustain
existing events and attract and secure new events which drive destination
guests and thereby lodging and sales tax revenue.
STAFF RECOMMENDATION: ACE requests the Town Council appropriate
$15,000 to fund a voter poll to gauge support for the independent funding
initiative. Results will be presented to Town Council upon completion at the
next available meeting for further input and direction.
6. ITEM/TOPIC: Ford Park Summer Parking Rates Summer 2012 (15 min.)
PRESENTER(S): Pam Brandmeyer
ACTION REQUESTED OF COUNCIL: Approve the parking rate increase
from $5 to $10 per event day.
BACKGROUND: Staff has met with all Ford Park "user groups" to discuss
raising the in-close parking fees to a level that at a minimum will cover the
disparity between revenues and expenditures. $5 in-close parking was
implemented soon after the passage of the Ford Park Management Plan in
April 1997, but only after the South Frontage Road path was extended from
the park to the Village Parking Structure. At that time, Council felt
comfortable that park users had sufficient choices available to them as to
how to access the park. Almost 50 paid and managed parking days have
been identified for the upcoming summer. With the success of the express
shuttle from the LionsHead Parking Structure to Ford Park over these days +
approximately 25 more (covering Sunday Farmer's Markets and other
assorted special events), it is now felt that in-close parking should pay for
itself(and should close a $20,000 gap). An increase of$5 to $10 per event
would cover this expense. User groups have been offered a discounted rate
to satisfy their direct user's needs.
STAFF RECOMMENDATION: Approve the parking rate increase from $5 to
$10 per event day.
7.
ITEM/TOPIC: East Meadow Drive Reconstruction (15 Minutes)
PRESENTER(S): Tom Kassmel
ACTION REQUESTED OF COUNCIL: Reallocate funds from the 2013
budget to the 2012 budget in order to expedite the replacement of the heated
streetscape wihtin East Meadow Drive.
BACKGROUND: East Meadow Drive, from the Solaris bus neckdown to the
Vail Road bus neckdown, reconstruction was completed in the spring of 2005
4 2012
and then modified in 2008. Since that time there have been a numerous
snowmelt leaks within the snowmelt tubing.
Staff believes that the condition of the sand and snowmelt has reached a
point where it is necessary to replace the pavement section. Staff
recommends replacing the existing pavement section (pavers, sand,
snowmelt and asphalt) with a new section consisting of asphalt set pavers on
top of snowmelt embedded in concrete. This particular new concrete section
has been used successfully at the bus neckdowns; at the Austria Haus,
Solaris, and Vail Road. The 2013 budget is carrying $500,000 for the
replacement of this heated paver section. Staff suggests moving these funds
from 2013 to 2012 and completing the repairs this spring.
STAFF RECOMMENDATION: Staff recommends supplementing the 2012
budget in the amount of$500,000, and removing the same amount from the
2013 budget; and to direct the Town Manager to enter into a contract, in a
form approved by the Town Attorney, with B&B Excavating in the amount of
$319,008.56 in order to complete the work this spring.
8.
ITEM/TOPIC: Ordinance No. 2, Series of 2012, an ordinance amending
Chapter 12-6, Residential Districts, Vail Town Code, pursuant to Section 12-
3-7, Amendment, Vail Town Code, to establish a new zone district, Vail
Village Townhouse (VVT) District, and setting forth details in regard thereto;
and Resolution No. 7, Series of 2012, amending Chapter VII, Vail Village
Sub-Areas, East Gore Creek Sub-Area (#6), Vail Village Master Plan,
pursuant to Chapter VIII, Implementation and Amendment, Vail Village
Master Plan, to include recommendations related to a new Vail Village
Townhouse (VVT) District, and setting forth details in regard thereto.
(PEC110040, PEC110041) (30 min)
PRESENTER(S): Bill Gibson, Community Development Department
ACTION REQUESTED OF COUNCIL: The applicant requests that the Vail
Town Council approves Ordinance No. 2, Series of 2012, on first reading.
The applicant request that the Vail Town Council tables Resolution No. 7,
Series of 2012, to its April 17, 2012, public hearing to correspond to the
second reading of the associated Ordinance No. 2, Series of 2012.
BACKGROUND: On November 14, 2011, the Planning and Environmental
Commission forwarded a recommendation of approval, with modifications, to
the Vail Town Council for the proposed Ordinance No. 2, Series of 2012,
and , Resolution No. 7, Series of 2012, by a vote of 4-1-1 (Rediker opposed
and Pratt recused).
The purpose of the proposed ordinance is to establish a new zone district,
the Vail Village Townhouse (VVT) District; and the purpose of the proposed
resolution is to establish related design guidelines as part of the Vail Village
Master Plan.
The purpose for establishing a new zone district and related design
guidelines are as follows:
- Streamlining the development review process by establishing a new zone
district to specifically address townhouse properties which reduces legal non-
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conformities and the need for future variances.
- Create incentives for redevelopment of existing townhouse properties.
- Preserve the existing residential character of the townhouse properties and
the neighborhood.
STAFF RECOMMENDATION: The Planning and Environmental
Commission recommends the Vail Town Council approves the first reading of
Ordinance No. 2, Series of 2012. The Community Development Department
recommends that the Council tables Resolution No. 7, Series of 2012, to its
April 17, 2012, public hearing to correspond to the second reading of the
associated ordinance.
9. ITEM/TOPIC: First reading of Ordinance No. 6, Series of 2012, an
ordinance reestablishing "temporary business office" as a conditional use
within the Lionshead Mixed Use 1 District, and setting forth details in regard
thereto. (10 min.)
PRESENTER(S): Warren Campbell
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve,
approve with modifications, or deny Ordinance No. 6, Series of 2012, upon
first reading.
BACKGROUND: On November 16, 2004, the Vail Town Council adopted
Ordinance No. 26, Series of 2004. This ordinance created the "temporary
business office" land use and established it as a conditional use within the
Lionshead Mixed use 1 District. Within the ordinance there was a provision
causing the land use to cease being a conditional use on December 31,
2008. The purpose of the text amendment was to provide adequate
temporary sites and locations for existing business offices currently in
Lionshead that are displaced for a period of time during construction in
Lionshead.
On March 5, 2012, the Planning and Environmental Commission
unanimously forwarded a recommendation of approval to reestablish
"temporary business office" as a conditional use within the Lionshead Mixed
Use 1 District.
STAFF RECOMMENDATION: The Planning and Environmental
Commission recommends the Vail Town Council approves Ordinance No. 6,
Series of 2012, on first reading.
10.
ITEM/TOPIC: Resolution No. 15, Series 2012, A Resolution Approving The
Conveyance Of A Portion of the Real Property Located at 75 South Frontage
Road, Vail, Colorado (The Town Hall Property) From The Vail, Colorado,
Municipal Building Authority And Accepting Such Property (5 min. )
PRESENTER(S): Matt Mire and George Ruther
ACTION REQUESTED OF COUNCIL: Approve Resolution No. 15, Series
2012
BACKGROUND: The real property described in Resolution No. 15, Series
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2012, (the "Property") was owned by the Vail, Colorado, Municipal Building
Authority (the "Authority"), a Colorado non-profit corporation. The Authority
was originally incorporated in 1970 and again in 1985, for the purpose of
financing the construction of Town facilities on the Property. Pursuant to the
Authority's Articles of Incorporation, The Authority was to convey the
Property back to The Town once all outstanding debt on the Property was
fully satisfied. All outstanding debt on the Property has been fully satisfied.
On or about March 22, 2012, The Authority conveyed the Property to the
Town. The Town Council, via Resolution No 15, Series 2012 wishes to
approve such conveyance and accept the Property. The Council will then
Authorize the conveyance of the Property as set forth in Ordinance No 4,
Series 2012.
STAFF RECOMMENDATION: Approve Resolution No. 15, Series 2012
11. ITEM/TOPIC: Second reading of Ordinance No. 4, Series of 2012, an
ordinance authorizing the sale of a portion of the real property located at 75
South Frontage Road, Vail, Colorado, (the "Town Hall Property") to Vail
MOB, LLC, for the purchase price of$5 million, and setting forth details in
regard thereto. (20 min)
PRESENTER(S): George Ruther
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications
or deny Ordinance No. 4, Series of 2012 on second reading.
BACKGROUND: The Town of Vail, in cooperation with the Vail Valley
Medical Center and the Steadman Clinic, wishes to redevelop a portion of
the Town's property located at 75 South Frontage Road. To do so, the ToV,
VVMC and SC signed a memorandum of understanding, which in part,
acknowledges the sale of a portion of Town property to VVMC and SC for$5
million. The purchase price was established based upon a value of use
appraisal completed for the property. Pursuant to the terms of the purchase
and sale agreement, the title to the property shall not occur until such time as
a building permit for the new medical office building is ready for issuance and
a construction loan guaranteeing the construction of the building is secured
and ready for funding.
STAFF RECOMMENDATION: Town staff recommends the Vail Town
Council approves Ordinance No. 4, Series of 2012 on second reading, as
read.
12.
ITEM/TOPIC: Ever Vail - The Community Development Department
requests that the major subdivision and Ordinance Nos. 7, 8 and 9, Series of
2012 be continued to the April 17, 2012, public hearing.
Major Subdivision:
A request for a review of a preliminary plan for a major subdivision, pursuant
to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the creation
of two lots for the redevelopment of the properties known as Ever Vail (West
Lionshead), located at 862, 923, 934, 953, 1000 and 1031 South Frontage
Road West, and the South Frontage Road West right-of-way/unplatted (a
complete legal description is available for inspection at the Town of Vail
Community Development Department), and setting forth details in regard
thereto. (PEC080062)
4 2012
Rezoning (Ordinance No. 7, Series of 2011):
A request for a recommendation to the Vail Town Council for a zone district
boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to allow for a establish Lionshead Mixed Use 2 District zoning on
Parcels 1 and 2 of the Ever Vail Subdivision located generally at 862, 923,
934, 953, 1000, and 1031 South Frontage Road, and the South Frontage
Road rig ht-of-way/unplatted (a complete legal description is available for
inspection at the Town of Vail Community Development Department), and
setting forth details in regard thereto. (PEC080061)
Special Development District Amendment (Ordinance No. 8, Series of 2011):
A request for a recommendation to the Vail Town Council for a major
amendment to Special Development District No. 4, Cascade Village,
pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to
allow for the removal of Development Area D (Glen Lyon Office Building)
from Special Development District No. 4, Cascade Village, and for a zone
district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail
Town Code, to include the subject property in the Lionshead Mixed Use 2
District, located at 1000 South Frontage Road West/Lot 54, Glen Lyon
Subdivison, and setting forth details in regard thereto. (PEC090036)
Title 12, Zoning Regulations, Vail Town Code, Amendment ( Ordinance No.
9, Series of 2011):
A request for a final recommendation to the Vail Town Council for prescribed
regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to amend Section 12-10-19, Core Areas Identified, Vail Town Code, to
amend the core area parking maps to include "Ever Vail" (West Lionshead)
within the "Commercial Core" designation, and setting forth details in regard
thereto. (PEC080065) (5 min.)
PRESENTER(S): Warren Campbell
ACTION REQUESTED OF COUNCIL: The Community Development
Department requests that the major subdivision and Ordinance Nos. 7,
8, and 9, Series of 2011 be continued to the April 17, 2012 public
hearing.
BACKGROUND: Major Subdivision: On January 10, 2011, the Planning and
Environmental Commission forwarded a recommendation of approval, with
conditions, on the preliminary plan for the major subdivision to establish
Parcels 1 and 2 of the Ever Vail Subdivision, by a vote of 5-0-2 (Viele and
Cartin recused).
Rezoning: On January 10, 2011, the Planning and Environmental
Commission forwarded a recommendation of approval, with conditions, for a
zone district boundary amendment to establish Lionshead Mixed Use 2
District zoning on Parcels 1 and 2 of the Ever Vail Subdivision, by a vote of
5-0-2 (Viele and Cartin recused).
Special Development District Amendment: On January 24, 2011, the
Planning and Environmental Commission forwarded a recommendation of
approval, with conditions, for a major amendment to Special Development
District (SDD) No. 4, Cascade Village, to remove the Glen Lyon Office
Building from the SDD in order for it to be incorporated into the Ever Vail
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Subdivision, by a vote of 4-0-2 (Viele and Cartin recused).
Title 12, Zoning Regulations, Vail Town Code, Amendment: On January 11,
2010, the Planning and Environmental Commission forwarded a
recommendation of approval, with conditions, for a prescribed regulations
amendment to Section 12-10-19, Core Areas Identified, Vail Town Code, by
a vote of 4-0-2 (Viele and Cartin recused).
STAFF RECOMMENDATION: The Community Development
Department requests that the major subdivision and Ordinance Nos. 7,
8, and 9, Series of 2011 be continued to the April 17, 2012 public
hearing.
13. ITEM/TOPIC: Adjournment (9:05 p.m.)
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K�
TOWN OF VA105
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: April 3, 2012
ITEM/TOPIC: Citizen Participation
PRESENTER(S): Public
4/3/2012
Lorelei Donaldson
From: dave kraft <starshipcommander @gmail.com>
Sent: Tuesday,April 03, 2012 8:44 PM
To: Council Dist List
Cc: commdev @vailgov.com; Nina Timm
Subject: the collateral damage of the police vendetta against Hummers of Vail
Dear Suzy,Town council, Mike Rose,Skip gordon, Greg Hall,John Ervin,Jim Carstenson, Hal Logan,Sweet Cindy,and the spirit of
Earl and Pete.
Now I now why I seldom speak at town council meetings.Too much emotion involved to relay the message I wanted to without cracking
the armor. I could barely get the words out of my mouth.This is what I wanted to tell them...
I don't know if you heard anything about the taxi mafia war in Vail, but there is one raging. It's basically the same story everywhere.Two
carriers decide that no one else has a right to earn a living but them.So there's a battle for dominance. In any battle,there's always
collateral damage. Instead of competing fairly,they seek to dominate through intimidation, manipulate color of law and through
unscrupulous business practices. It's greed run amok.
I am caught in the cross hairs of a conflict I had nothing to do with starting. I was driving at VTC long before any of the current players;
even decades longer back to 1981. 1 always try to be friendly with other users of the VTC and courteous. I can't control what other
carriers do. It's a raw deal being punished for the conflict between the Hummers of Vail driver and the Vail Cascade's bus driver-for
over a year now.The Hummers were blocking the hotel buses one night and their driver told the Cascade Driver to take a flying leap
when he asked Hummers to move. It put a burr in his saddle the size of Manhattan.The Cascade Driver later became a Vail
Policeman. He spearheaded the"effective revocation"of all limo companies access. I had nothing to do with their fight but I got
punished just the same. Revoking my access after 20 years of driving to VTC has destroyed me in a financial and spiritual sense. I am
one of the few that does some charity transportation for the legal tender impaired.The police department is used as a weapon of
revenge on Hummers. It's ironic that in the process of trying to destroy Hummers,the police actually make them stronger by eliminating
their meager competition with access revocation and police state shakedowns that the small carrriers like me can't endure.Levine has
an inexhaustible supply of funds to weather the storm,while I drown and have to deal with the shame of being unable to pay rent.
An example of jealous competitor sabotage is being the most notorious offender of a crime,while simultaneously accusing your
competition of it to police.That's exactly what Hummers of Vail has done to me.And the police jump to the owner's bidding as if the
report carries any grain of truth compared to what Hummers does every single day.They don't identify it for what it is-jealous
competitor sabotage dubbed"JCS"for short. I have endured the JCS sabotage for years now and it is tiresome being harassed by
police time after time. Not once have I stooped to that snake belly level and responded in kind.The cops have never received a petty
JCS complaint from me and they never will.That shows respect for the police's time that the limo and taxi mafias disrespect when they
make JCS reports about me. I just keep taking the cage rattling like a man and it's reached the point that it's unbearable as a free
American.
The Vail Police fined one of my fellow limo drivers$500 just for being at the transportation center. People will call me from an empty
cab line with no cab in sight. I can hear their teeth chattering.There's dozens of stranded travelers all trying desperately to get home at
2:20AM. Did you know I tell them I can't pick them up unless they walk into the street since I can't risk a$500 fine?Nice and safe isn't
that?The Police's"effective limo prohibition"at VTC has cost me many thousands in lost business. It's a scandal whether you want to
acknowledge it or not. Meanwhile dozens of frosty travelers shiver in the night. Makes perfect sense,right?The idea that the taxi
company's territory is protected with a militant vengeance,while it fails to supply peak demand is ludicrous,absurd and ridiculous.Who
suffers?The traveling public and Vail's first class image. I'm just collateral damage. How many other long time locals have experienced
similar"arbitrary livelihood destruction by town policy"?... abbreviated"A.L.D.". I bet there's plenty of them that got ALD-eed.
Notice how close the words"policy"and"police"are.
The Police are now in charge of who makes a living in this town and who does not.The Police banned luxury limos from the
transportation center to punish Hummers of Vail,whom the Chief appears to have a grudge against the owner,Jonathan Levine. I work
for a different outfit and yet I still get treated like the unwelcome trespasser no matter where I go,not just VTC.The former Cascade
Driver who is now Police also has a vendetta against Hummers of Vail that is separate and distinct from the Chiefs,yet it is fused into a
policy of destroying all limo companies through access revocation and"papers please"harassment. if that's not their intention, it's the
result none-the-less. If you want to ignore the results,go right ahead.
One night a Vail Cop comes up to my Escalade down at the Christiania. He said that I couldn't wait there because"what if a fire engine
was coming?"...When I said that I would see and hear a fire engine coming and move fast if necessary, he had no answer to my
brilliant solution. He just walked away as if to say just rattling your cage to remind you police won't rest until you are all gone'.(If
I could translate that encounter from cop speak)-that's what that meant. Everywhere you go it's"papers please"without the"please"
part. Imagine any other business in town receiving a police order for business records without a warrant.What would their reaction be if
meanwhile their competition was a protected and favored class?The taxi company is treated like royalty and gets to violate any rule
1
they want,especially the violation of the combined rides rule without consent of first traveling party. It's more than selective
enforcement,it's punitive and vindictive enforcement towards an entire sector of transportation while white gloving the Police's favored
class-taxi.
The Police have made late night limo driving so unpleasant,so thankless and so unprofitable, I can't afford to live in Vail's driver
housing any longer. Normally I have thousands saved for the off season. Because of the bad snow year and effective limo prohibition, I
will have crumbs to make it to summer. March is almost a total loss compared to past years.$764 rent is close to out of reach now if I
wanted to eat as well.Thank you Vail Police,screwing the 20 year local out of a job,a viable one that is. Maybe the Chief will be voted
Humanitarian of the Year. He's a prince of a man. He did not ban limos outright... he"effectively banned"them.The difference is about
the width of a human hair.
By the way... I was not granted an interview after I applied for the town bus driver job posted. I have all the necessary certifications,
perfect driving record and know every route frontwards,backwards and sideways. Not even a phone call to say"no thanks, Dave".
That's a cold slap in the face while I live next to dozens of Australians that all got the job.Would you want to stay here if your job
had been outlawed?What if you had also been black balled from being a bus driver as well? I am starting to really resent living
next to dozens of foreigners that have a job when I am as qualified to drive a bus as any them. I think that after you consider how much
the Police's vendetta against Hummers has cost me, it would be fair to ask to be released from my lease and refunded my last month's
rent and damage deposit in full. In return, I will leave the unit in better condition than I found it. I will also have the carpet cleaned better
than I found it because I could really use every penny to move to a ski town where limo driving is not a crime.Vail bans its own
official car from the Transportation Center.That's a great headline.
This town is the definition of a fascist police state. No wonder so many long time locals have given up and moved on.This town has no
qualms about crushing the little guy. it's awfully hard to explain why Police would so systematically target the limo companies
for harassment,marginalization,vilification and revoke fair access to VTC?It sure looks like this is more than just a vendetta.The
Police are the lynch pin in the Vail Taxi Mafia.Without the police's power of banning fair access to the VTC and harassing us
everywhere else,the Taxi Mafia tyranny would fall apart and the market place would once again determine the winners and losers
instead of the government.This town reeks to high heaven of corruption. I am calling bullshit on it. I could get a fairer deal in Chicago
from the other Mayor Daly. Perhaps Andy is just too busy with his Powderhom Ski Area now to wont'about the Police engineered
demolition of a 20 year local's job. I just don't matter to this town,another casualty of Vail's Taxi Mafia War. Am I really just another
expendable and disposable local?The answer has been shouted from the mountaintop.
There's only one reason why I showed up and spoke at Vail Town Council tonight. It was a commercial the President of Copper
Mountain made years ago. He said that he guaranteed the satisfaction of Copper's customers based on ski conditions. If they didn't like
the ski conditions after runs were skied,they could get a refund. I thought that took balls the size of Gibralter. I had respect for that to
this day that is unequaled in the ski world now and forever.Can anyone name the guy?
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TOWN OF VA105
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: April 3, 2012
ITEM/TOPIC: Consent Agenda:
1) Resolution No. 16, Series of 2012 ERWSD Matterhorn Circle Bridge Replacement IGA.
PRESENTER(S): Various
ATTACHMENTS:
Resolution No. 16, Series of 2012
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RESOLUTION NO. 16
Series of 2012
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE TOWN OF VAIL AND THE EAGLE RIVER WATER AND
SANITATION DISTRICT; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Town Charter (the "Charter");
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified;
WHEREAS, the Eagle River Water and Sanitation District (the "ERWSD") is
empowered to provide water and sewer service to its customers and constituents within
and without its boundaries, within Eagle County, Colorado, on such terms and conditions
as the ERWSD may decide;
WHEREAS, the Town has to demolish and reconstruct the Matterhorn Circle
Bridge and the ERWSD has infrastructure on the bridge;
WHEREAS, the Town and ERWSD desire to work together to authorize and
accomplish the construction of the bridge; and
WHEREAS, the Council's approval of Resolution No. 16, Series 2012, is required
to enter into an IGA.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Council hereby approves the IGA and authorizes the Town
Manager to enter into the IGA with the ERWSD on behalf of the Town in substantially
the same form as attached hereto as Exhibit A and in a form approved by the Town
Attorney.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 3rd day of April, 2012.
Andrew P. Daly, Town Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Resolution No. 16,Series 2012
4/3/2012
2- 1 - I
EXHIBIT A
Resolution No. 16,Series 2012
4/3/2012
2- 1-2
X'VX%
MATTERHORN CIRCLE BRIDGE REPLACEMENT
THIS AGREEMENT is made and entered into this day of
2012, by the TOWN OF VAIL, a political subdivision of the State of Colorado
("Town") and EAGLE RIVER WATER AND SANITATION DISTRICT, a quasi-
municipal corporation and political subdivision of the State of Colorado, ("District").
Collectively these entities are also referred to as the "Parties".
RECITALS
WHEREAS, the Town of Vail is a Colorado municipality organized and operated
pursuant to its home rule charter and Colorado law; and
WHEREAS, Eagle River Water and Sanitation District is a water and sewer
District organized and existing under the Colorado Special District Act; and
WHEREAS, the District is empowered to provide water and sewer service to its
customers and constituents within and without its boundaries, within Eagle County,
Colorado, on such terms and conditions as the District may decide; and
WHEREAS, Section 18(2)(a) and (b), Article XIV of the Colorado Constitution,
Section 29-1-203, C.R.S., and Section 32-1-1001, C.R.S., provide for the ability of the
Parties to enter into contracts and agreements with one another to provide
intergovernmental services and facilities, when so authorized by their governing bodies;
and
WHEREAS, the Constitution and statutes of the State of Colorado permit and
encourage agreements between political subdivisions of the State, in order that the
inhabitants of such political subdivisions may thereby secure high quality governmental
services; and
WHEREAS, it is recognized by the Parties, that the public health, safety and
welfare of their inhabitants is best served by providing high quality water, sewer and
storm drainage services; and
WHEREAS, the Town has to demolish and reconstru*the Matterhorn Circle
Bridge ("Bridge"); and
WHEREAS, the District has infrastructure on the existing structure; and
WHEREAS, each of the Parties hereto desires to work together to authorize and
accomplish the construction of the Project; and
WHEREAS, each of the Parties hereto has determined it to be in the best interests
of their respective taxpayers, residents, property owners, and constituents to enter into
this Agreement.
NOW, THEREFORE, in consideration of the mutual performance of the
covenants, agreements, and stipulations contained herein, and for other good and valuable
consideration, the Parties hereto agree as follows:
1. Temporary Construction Easement. The District grants the Town a
temporary construction easement on the District's Parcel to reconstruction
the Bridge and Districts infrastructure in accordance with the Contract
Documents and plans for the Matterhorn Bridge Replacement Project,
Project No. BROM306-005 (18033).
2. Costs. The design and construction costs for replacement of the Bridge and
Districts infrastructure, and restoration of the District's Parcel will be paid
by the Town.
3. Cooperation. The Parties agree to cooperate in the planning, design,
construction, inspection necessary to implement the purposes of this
Agreement.
4. Warranties. For any work that the District determines does not conform to
the Project or District specifications, or needs to be completed under
warranty conditions (where the applicable warranty has not been transferred
to the District), the District shall notify the Town and the Town will notify
the Contractor under the terms of the Town's agreement with the
Contractor.
5. Release from Liability. The Parties are affecting this undertaking to
achieve mutual benefit; and, accordingly, hold each other harmless pursuant
to Section 18 from all but gross negligence in executing the terms of this
Agreement and completing the Project. The Parties agree to utilize their
best efforts in performing all terms of this Agreement.
6. Enforcement. The Parties agree that this Agreement may be enforced in
law or in equity for specific performance, injunctive, or other appropriate
relief, including damages, as may be available according to the laws and
the terms containedherein, andthat any breach hereot which results in any
recoverable damages shall not cause the termination of any obligations
created by this Agreement unless such termination is declared by the Party
not in breach hereof.
7. Governing Law. This Agreement shall be governed and construed in
accordance with the laws of the State of Colorado.
8. Venue. Venue for the trial of any action arising out of any dispute
hereunder shall be in the District Court for Eagle County, State of
Colorado, pursuant to the appropriate rules of civil procedures.
9. Captions. The headings and sections and paragraphs are included only for
convenience and reference. If any conflict between any heading and the
text of this Agreement exists, the text shall control.
10. Binding Agreement upon Successors and Assigns. This Agreement and the
rights and obligations created hereby shall be binding upon and inure to the
benefit of the Parties hereto and their respective successors and assigns.
11. Interested Persons. Nothing herein expressed or implied is intended or
should be construed to confer or give to any person or corporation or
governmental entity other than the Town and the District, any right, remedy
or claim under or by reason hereof or by reason of any covenant or
condition herein contained, nor limit in any ways the powers and
responsibilities of the Town, the District, or any other entity not a party
hereto.
12. Notices. All notices, requests, demands, consents and other
communications hereunder shall be transmitted in writing and shall be
deemed to have been duly given when hand-delivered or sent by certified,
United States mail, postage prepaid, with return receipt requested,
addressed to the parties as follows:
Iown of van
75 South Frontage Road
Vail, Colorado 81657
With a Copy to:
Matt Mire, Town Attorney
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
Eagle River Water and Sanitation District
Linn Brooks, General Manager
846 Forest Road
Vail, Colorado 81657
With a Copy to:
James P. Collins, Esq.
Collins Cockrel & Cole
390 Union Boulevard, Suite 400
Denver, Colorado 80228-1556
Either party may change the address at which it receives
written notice, by notifying the other party in writing in the
manner provided herein.
13. Severability. If any portion of this Agreement is held invalid or
unenforceable for any reason by a court of competent jurisdiction as to
either Party or as to both Parties, such portion shall be deemed severable
and its invalidity or its unenforceability shall not affect the remaining
provisions; such remaining provisions shall be fully severable and this
Agreement shall be construed and enforced as if such invalid provisions
had never been inserted into this Agreement.
14. Waiver. The waiver of any breach of any of the provisions of this
Agreement, by any party, shall not constitute a continuing waiver of any
subsequent breach by that party, either of the same, or of another provision
of this Agreement.
ana executea ny the varties nereto.
k
16. Duplicate Originals. This Agreement may be executed in counterparts,
each of which shall be an original, but all of which together, shall constitute
one and the same agreement.
17. Separate Entity Status. In no event shall either party, its employees or its
representatives, be considered or authorized to act as employees or agents
of the other party.
18. Indemnification. Each party, to the extent permitted by law and subject to
all of the immunities, defenses and protections afforded to that party by the
Colorado Governmental Immunity Act, shall indemnify and hold harmless,
the other party, its officers, directors, employees and agents from and
against any claims including attorneys fees, arising out of the negligence of
the officers, employees or agents of the indemnifying parry and rising out
of the performance of services under this Agreement.
19. Force Mai eure. No party shall be liable for any failure to perform as
required by this Agreement to the extent such failure to perform is caused
by any reason beyond the control of that party or by reason of any of the
following occurrences, whether or not caused by such party: strikes, labor
disturbances or labor disputes of any character, accidents, riots, civil
disorders or commotions, war, acts of aggression, floods, earthquakes, acts
of God, explosion or similar occurrences; provided, such party shall
exercise its best efforts to provide the best possible alternative performance
and to prevent the foregoing occurrence from obstructing full performance.
Such occurrences shall not terminate this Agreement and shall not affect
this Agreement except as provided in this Section.
20. Entire Agreement of the Parties. This Agreement represents the full and
complete understanding of Parties, and supersedes any prior agreements,
discussions, negotiations, representations or understandings of Parties with
respect to the subject matter contained herein.
EAGLE RIVER WATER AND
SANITATION DISTRICT
. x
By:
Li Broo era Manager
E
Attest:
t
P
TOWN OF VAIL
By:
Stan Zemler, Town Manager
Attest:
f
Lorelei Donaldson, Town Clerk
APPROVED AS TO FORM
/2/X
Ma Mire, Town Attorney
s
K�
TOWN OF VA105
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: April 3, 2012
ITEM/TOPIC: Town Manager Report:
1) Emergency Evacuation discussion;
2) Lionshead Welcome Center Community Space final discussion on rates; and
3) Lionshead Welcome Center Community Space Naming discussion.
PRESENTER(S): Stan Zemler
ATTACHMENTS:
TOV Emergency Evac Doc
Emergency Evac PDF
Lionshead Welcome Center Community Room Memo 032712
Lionshead Welcome Center Name Challenge
4/3/2012
EOP Appendix J
March 4, 2007
Town of Vail
Emergency Evacuation Plan
The purpose of the Vail Emergency Evacuation Plan is to inform the citizens and guests
of Vail on how to respond to an emergency requiring evacuation and also serves as a
guide for the Town of Vail emergency responders. The Emergency Evacuation Plan
includes plans for both a partial or full evacuation of the town.
The residents of Vail should be presented with the information in this plan twice a year,
in June and December. The Community Information Office will provide the information
through local media, and will also be available on the Town of Vail website
(www.vailgov.com). The information provided will include emergency broadcast
information, recorded information available by phone, neighborhood pick-up locations,
evacuation center locations, shelter locations, and a notification for citizens with special
needs. This will ensure the community understands how to obtain information and
understand the critical steps to the evacuation process.
Evacuations will be organized through the Incident Command System.
When implementing the Emergency Evacuation Plan, the Vail Communications Center
will utilize the Emergency Phone Notification, also known as Reverse 911, the
Emergency Alert System via AM/FM radio stations or through Roam Secure text
messages to the homes, hotels, and businesses in the affected area(s). The message will
contain emergency and evacuation instructions. When time and personnel allow, first
responders will drive through neighborhoods and make public notifications on the
emergency vehicle loud speakers or go door-to-door.
Evacuation Center Check-In Locations(one or more may be designated):
1. Village Transportation Center
Alternative locations:
2. Lionshead Parking Structure
3. Donovan Park Pavilion
4. Battle Mountain High School
Evacuation Instructions:
A. Self-Evacuation by Vehicle:
1. Exit the area/neighborhood in the safest direction
2. Respond to the predetermined Evacuation Center check-in
location
B. Evacuation by Public Transportation:
1. Respond to the nearest neighborhood bus stop
4/3/2012
3- I - I
a. Citizens will then be transported to the evacuation center
to check-in.
C. Shelter in Place:
1. During some types of incidents, such as a hazardous materials
spill, or communicable disease, the public may be asked stay inside
and not evacuate, or due to the rapid spread of a wildfire they may
not be able to leave. For these reasons citizens should be prepared
to stay in their homes for a minimum of 72 hours and have enough
supplies on hand to support the number of residents living there.
See www.ready.gov for more details. Homes should be made
Firewise to increase the safety of sheltering in place during a fast
moving wildfire. See www.firewise.org for more details.
Citizens who self-evacuate or evacuate by public transportation will be asked to indicate
that they have already evacuated their residence by displaying a large, white object, such
as a sheet inside the residence, in a visible, conspicuous location, in the front, street-side
of their home and to turn on their porch light.
Neighborhood Bus Stops: The current neighborhood pick-up locations are the Town of
Vail bus stops. If possible, the buses will follow their regular route. If a resident or guest
is unable to make it to their neighborhood bus stop location, then they should respond to
the nearest alternative bus stop or alternative pick-up location for a safe evacuation, see
below.
Domestic pets may accompany evacuees as long as they are on a leash or contained so
they will not injure other evacuees or their pets. Pets will not be allowed at shelters and
the Town will work with the Eagle County Animal Control to house pets of individuals
that are housed in shelters.
Alternative Pick-up Locations:
1. Fire Stations
2. Schools
3. Village Transportation Structure or Lionshead Parking Structure
Special Needs Population: These are citizens and guests that will require assistance
leaving their residence or those who have medical needs that require electricity in the
case of a power outage. This is only for those who do not have transportation and cannot
make it to the designated evacuation center or neighborhood pick-up bus stop location.
The citizen provided information will be relayed to the Vail Police Department and Eagle
County Ambulance District in order to preplan and determine how many special needs
persons require assistance, their location, and how to transport them appropriately during
an evacuation.
4/3/2012
3- 1-2
Recorded Information: The Town of Vail will provide the public with a telephone hotline
to receive updated information. The road conditions phone number will be used during
evacuations for the hotline (970) 479-2226. It will be a recorded update in an attempt to
reduce a possible overwhelming call volume to the dispatch center. The recording will be
made by the Town Public Information Officer(PIO), who will be designated by the
Incident Commander. Whenever possible, the updated information will also be posted on
the Town of Vail website (w)Aw.vailgov.com) and on the Eagle County website
(www.eaglecounty.us).
Vail Mountain: People who are on Vail Mountain when an emergency situation takes
place in the Town of Vail should remain on the mountain, as long as it is safe. Vail
Resort employees may then reroute them across the mountain or shelter them in one of
the buildings on the mountain. Vail Resorts Security will be responsible for organizing
sheltering on the mountain or rerouting guests off in to town.
Evacuation Center Check-in: There will be a system in which evacuees will check-in and
be assigned to a temporary shelter, or be released to take care of their own shelter needs.
The required check-in information will consist of the person's name, birth date, home
address, cell phone numbers, and, if needed, which temporary shelter the person will be
placed. Evacuees will be assigned to shelters based upon the area of their residence.
Buses will then transport evacuees from the check-in location to their assigned temporary
shelter. The Red Cross or Salvation Army will conduct check-in operations and set up a
phone system whenever possible to assist those needing to locate family members.
Vail Valley Medical Center Evacuation: Due to the massive coordination to evacuate the
hospital all efforts will be made to defend and protect it from whatever the nature of
incident. If the hospital is evacuated the VVMC plan will be put into action.
Evacuation Incident Command Structure:
Involved Departments:
Primary Responsibility
Police Department
Transportation Department
Community Information Office
Secondary Responsibility
Fire Department
Public Works Department
Eagle County Ambulance District
Staffing Evacuation Center Check-In Locations
Administration/Human Resources Department
Library staff
Secondary: Salvation Army and Red Cross
Shelter Operations
Salvation Army
Vail Valley Cares
Red Cross
4/3/2012
3- 1-3
Town of Vail Housing Administrator, Nina Timm
Section #2—Emergency Evacuation Checklist
Section #3 —Evacuation Transport Resources
Section #4—Evacuation Pick-up Locations
Section #5 — Shelter Locations
4/3/2012
3- 1-4
Section#2 Checklist
Emergency Evacuation Checklist
Vail Police Department Incident Command System
Emergency Evacuation Checklist ❑ Potential for explosion.
This checklist is intended to provide a ❑ Population of town in Peak
reminder to responding officers, Season 45,000.
supervisors and an incident commander ❑ Population of town in off season
at the scene of a major disaster. It is 4,600.
recommended that unified command be ❑ I-70 closures at Copper Mountain
established to insure coordinated and/or Minturn.
response with other involved agencies. ❑ No incoming traffic into the
During a major disaster, Law evacuation area, except for police
Enforcement and the Transportation escorts for people picking up
Department are primarily responsible for children or special needs persons.
the evacuation of the town or part of the ❑ Traffic Control, Crowd Control
town for safety reasons. Additionally, ❑ Determine if disaster is a crime
Law Enforcement is responsible for the scene.
protection of a crime scene and they are ❑ Contact schools
responsible for the traffic control, and ❑ Contact Eagle County Animal
recovery following the disaster. Control and Animal shelters.
❑ Contact CDOT for sign
Situation Assessment information and TOV VMS signs
❑ Location of disaster ❑ Contact Salvation Army (Vail
❑ Type of disaster Valley Cares) Greg Osteen or
❑ Size of involved area, actual and Tsu Wolin
potential ❑ Assign Police Officers at shelters
❑ Specific area that needs to be and check-in locations resources
evacuated allowing.
❑ Additional assistance needed, ❑ Set up containment/perimeter.
Police, Fire, medical, federal, ❑ Consider traffic control at
military, CDOT, VR security. Buffehr Creek and Chamonix
❑ Location of Command Post ❑ Set trigger points for evacuation
❑ Select radio frequency to be used and warning of evacuation
❑ Best available ingress/egress
routes for emergency personnel Alerting the Public
and vehicles. ❑ Reverse 911. (location of
❑ Contact Eagle County disaster, evacuation directions for
Emergency Management, Barry people with transportation,
Smith staging areas for people w/o
transportation, location of
Special Considerations shelter) RoamSecure
❑ Potential for disaster area to ❑ PIO or Comm. Center contact
spread. ie; fire, chemical spill. media with evacuation info.
4/3/2012
3- 1-5
Section#3 Transportation
Evacuation Transportation
Some buses have handicap access.
❑ 35 Town buses; capacity (75pp) Standing and sitting room. Mike Rose
❑ ECO buses
❑ Avon/BC buses
❑ CME
❑ Eagle County School District Buses contact person: Melony McMichael
4/3/2012
3- 1 -0
Section#4 Pick-up Location
Emergency Evacuation Pick-up Locations
The pick-up locations are the current TOV bus stop routes.
S # NEIGHBOR- PICK-UP LOCATIONS/BUS STOPS
HOODS
-Aspen Lane -Racquet Club -Columbine/Bighorn
-Booth Falls -Bighorn Park -Lupine/Bighorn
-Pitkin Creek -Meadow Lane East -Pitkin Creek
-Falls at Vail -Meadow Dr -Falls at Vail
1 EAST VAIL -Lupine/Bighorn -Main Gore/Juniper -Booth Falls
-Columbine/Bighorn -Main Gore/Bighorn -Bald Mountain Rd
- Streamside Circle -Racquet Club Townhomes
-Timber Falls - Streamside EBighorn
-Hanson Ranch Rd. - 1610 Sunburst Dr.
-Golden Peak -Club House
2 GOLF - Soccer Field -Pulis Bridge
-Ptarmigan West -Ford Park
COURSE -Ptarmigan East -Gore Creek Dr.
- 1448 Vail Valley Dr.
-Gold Peak
3 VAIL -E. Meadow/Vail Valley Dr
VILLAGE -E. Meadow/Covered Bridge
-E/Meadow/Crossroads
IN-TOWN -E. Meadow/Vail Rd
-W. Meadow. -W Lionshead Cir/Concert Hall Plaza
4 LIONSHEAD -W. Meadow/VVMC -W Lionshead Cir/Marriot
IN-TOWN -W. Meadow/Dobson/Library
-Lionshead Mall
-Middle Creek -Vail View Red/Sandstone -Vail Run
5 SANDSTONE - Sandstone School - Sandstone Creek Club
-Red Sandstone Rd - Simba Run
-Vail Muni Building -Intermountain
WEST VAIL/ -Cascade Crossing -Meadow Creek
6 SOUTH SIDE -Cascade Village - Spruce Creek
-Matterhorn
-Ptarmigan
-Underpass
-Chamonix -Upper Buffehr Creek
7 WEST VAIL -Holiday Inn -Timber Ridge
NORTH SIDE -West Vail Mall -Lower Buffehr Creek
-Vail Commons
4/3/2012
3- 1 -7
Section#5 Shelter Locations
Shelter Locations
In Vail:
❑ Vail Chapel
❑ Town of Vail Council Chambers if not being used for the Joint Information
Center or Vail Valley Medical Center Alternative site
❑ Red Sandstone Elementary School Red Cross approved
❑ Vail Mountain School
❑ Dobson Ice Arena, if not being used as a hospital surge capacity facility
❑ Donovan Pavilion
West of Vail:
❑ Battle Mountain High School
❑ Minturn Middle School
❑ Avon Elementary School
❑ Eagle Valley Elementary
❑ Eagle Valley High
❑ Vail Bible Church
❑ Trinity Church Edwards
❑ Avon Recreation Center
❑ Avon Municipal Building
❑ Homestead Court Club
East of Vail:
❑ Copper Mountain Chapel
4/3/2012
3- 1-8
Vail's Evacuation Readiness
What to Know In Case of An Emergency to Keep You Safe
BEFORE AN EMERGENCY OCCURS
• If you have medical needs or require assistance evacuating, ;
notify dispatchers at 479-2200.
• Sign up to receive emergency alerts,notifications and
updates to pagers,cell phones and a-mails at
www.ecalert.org.
EVACUATION OPTIONS
• If evacuating in personal vehicles,head to the frontage
roads,then to 1-70 as directed.
• To evacuate by public transportation,go to the nearest
bus stop where a town bus will shuttle you to a check-in
location.
AS YOU EVACUATE
Leave the porch light on and/or display a white object in a
visible place to notify emergency personnel the home has
been evacuated.
TAKE ONLY HIGH PRIORITY ITEMS WITH YOU
Prescriptions,medications,eye glasses,important
documents,pet supplies,a child's favorite toy.Go to
for details.
PETS
May accompany evacuees on a leash or crated.Emergency i
personnel will work with local animal control to house pets. j
DURING AN EMERGENCY
• You could be notified via Reverse 911,the Emergency
Alert System via AM/FM radio or door-to-door.
• Listen to local radio stations for emergency information
or call Vail's emergency hotline at 970-479-2226.
www.vallgovcom/evac 4/3/2012
a
Provided by Vail's emergency responders as a public servic
e3-2- 1
9
I
EOP Appendix J
March 4, 2007
Town f Vail
o a
Emergency Evacuation Plan
The purpose of the Vail Emergency Evacuation Plan is to inform the citizens and guests
of Vail on how to respond to an emergency requiring evacuation and also serves as a
guide for the Town of Vail emergency responders. The Emergency Evacuation Plan
includes plans for both a partial or full evacuation of the town.
The residents of Vail should be presented with the information in this plan twice a year,
in June and December. The Community Information Office will provide the information
through local media, and will also be available on the Town of Vail website
(www.vailgov.com). The information provided will include emergency broadcast
information, recorded information available by phone, neighborhood pick-up locations,
evacuation center locations, shelter locations, and a notification for citizens with special
needs. This will ensure the community understands how to obtain information and
understand the critical steps to the evacuation process.
Evacuations will be organized through the Incident Command System.
g g Y
When implementing the Emergency Evacuation Plan, the Vail Communications Center
will utilize the Emergency Phone Notification, also known as Reverse 911, the
Emergency Alert System via AM/FM radio stations or through Roam Secure text
messages to the homes, hotels, and businesses in the affected area(s). The message will
contain emergency and evacuation instructions. When time and personnel allow, first
responders will drive through neighborhoods and make public notifications on the
emergency vehicle loud speakers or go door-to-door.
Evacuation Center Check-In Locations(one or more may be designated):
1. Village Transportation Center
Alternative locations:
2. Lionshead Parking Structure
3. Donovan Park Pavilion
4. Battle Mountain High School
Evacuation Instructions:
A. Self-Evacuation by Vehicle:
1. Exit the area/neighborhood in the safest direction
2. Respond to the predetermined Evacuation Center check-in
location
B. Evacuation by Public Transportation:
1. Respond to the nearest neighborhood bus stop
E
E
ki
I
i
a. Citizens will then be transported to the evacuation center
to check-in. `
C. Shelter in Place: 1
1
1. During some types of incidents, such as a hazardous materials
spill, or communicable disease,the public may be asked stay inside
and not evacuate, or due to the rapid spread of a wildfire they may
not be able to leave. For these reasons citizens should be prepared
to stay in their homes for a minimum of 72 hours and have enough
supplies on hand to support the number of residents living there.
See www.ready.gov for more details. Homes should be made
Firewise to increase the safety of sheltering in place during a fast
moving wildfire. See www.firewise.org for more details.
Citizens who self-evacuate or evacuate by public transportation will be asked to indicate
that they have already evacuated their residence by displaying a large, white object, such
as a sheet inside the residence, in a visible, conspicuous location, in the front, street-side
of their home and to turn on their porch light. a`
Neighborhood Bus Stops: The current neighborhood pick-up locations are the Town of
Vail bus stops. If possible,the buses will follow their regular route. If a resident or guest
is unable to make it to their neighborhood bus stop location, then they should respond to
the nearest alternative bus stop or alternative pick-up location for a safe evacuation, see
below.
Domestic pets may accompany evacuees as long as they are on a leash or contained so
they will not injure other evacuees or their pets. Pets will not be allowed at shelters and
the Town will work with the Eagle County Animal Control to house pets of individuals
that are housed in shelters.
Alternative Pick-up Locations:
1. Fire Stations
2. Schools
3. Village Transportation Structure or Lionshead Parking Structure
Special Needs Population: These are citizens and guests that will require assistance
leaving their residence or those who have medical needs that require electricity in the t<
case of a power outage. This is only for those who do not have transportation and cannot
make it to the designated evacuation center or neighborhood pick-up bus stop location.
The citizen provided information will be relayed to the Vail Police Department and Eagle
County Ambulance District in order to preplan and determine how many special needs €'
persons require assistance,their location, and how to transport them appropriately during '
an evacuation.
1'
i
Recorded Information: The Town of Vail will provide the public with a telephone hotline
to receive updated information. The road conditions phone number will be used during
evacuations for the hotline(970)479-2226. It will be a recorded update in an attempt to
reduce a possible overwhelming call volume to the dispatch center. The recording will be
made by the Town Public Information Officer(PIO),who will be designated by the
Incident Commander. Whenever possible, the updated information will also be posted on
the Town of Vail website (www.vail og v.com) and on the Eagle County website
(www.ea leg c�y.us).
Vail Mountain: People who are on Vail Mountain when an emergency situation takes
place in the Town of Vail should remain on the mountain, as long as it is safe. Vail
Resort employees may then reroute them across the mountain or shelter them in one of
the buildings on the mountain. Vail Resorts Security will be responsible for organizing
sheltering on the mountain or rerouting guests off in to town.
Evacuation Center Check-in: There will be a system in which evacuees will check-in and
be assigned to a temporary shelter, or be released to take care of their own shelter needs.
The required check-in information will consist of the person's name, birth date, home
address, cell phone numbers, and, if needed, which temporary shelter the person will be
placed. Evacuees will be assigned to shelters based upon the area of their residence.
Buses will then transport evacuees from the check-in location to their assigned temporary
shelter. The Red Cross or Salvation Army will conduct check-in operations and set up a
phone system whenever possible to assist those needing to locate family members.
Vail Valley Medical Center Evacuation: Due to the massive coordination to evacuate the
hospital all efforts will be made to defend and protect it from whatever the nature of
incident. If the hospital is evacuated the VVMC plan will be put into action.
i
Evacuation Incident Command Structure:
Involved Departments:
Primary Responsibility
Police Department
r
Transportation Department
Community Information Office
Secondary Responsibility
Fire Department
Public Works Department
Eagle County Ambulance District
Staffing Evacuation Center Check-In Locations
Administration/Human Resources Department i
Library staff
Secondary: Salvation Army and Red Cross
Shelter Operations '
Salvation Army '
Vail Valley Cares
Red Cross
l
� \
� \
\
Town of Vail Housing Administrator,Nina Timm `
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Sego#—Emergency Evacu«SnChc Ba {
Section¥3—Evcalto Transport Resources (
Section#—Evacuation Pick-up Locations r
Se go A5—Shelter Locations {
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Section#2 Checklist
s:
Emergency Evacuation Checklist
Vail Police Department Incident Command System
Emergency Evacuation Checklist ❑ Potential for explosion.
This checklist is intended to provide a ❑ Population of town in Peak
reminder to responding officers, Season 45,000.
supervisors and an incident commander ❑ Population of town in off season
at the scene of a major disaster. It is 4,600.
recommended that unified command be ❑ 1-70 closures at Copper Mountain
established to insure coordinated and/or Minturn.
response with other involved agencies. ❑ No incoming traffic into the
During a major disaster, Law evacuation area, except for police
Enforcement and the Transportation escorts for people picking up
Department are primarily responsible for children or special needs persons.
the evacuation of the town or part of the ❑ Traffic Control, Crowd Control
town for safety reasons. Additionally, ❑ Determine if disaster is a crime
Law Enforcement is responsible for the scene.
protection of a crime scene and they are ❑ Contact schools
responsible for the traffic control, and ❑ Contact Eagle County Animal
recovery following the disaster. Control and Animal shelters.
❑ Contact CDOT for sign l
Situation Assessment information and TOV VMS signs
• Location of disaster ❑ Contact Salvation Army(Vail
• Type of disaster Valley Cares) Greg Osteen or
• Size of involved area, actual and Tsu Wolin
potential ❑ Assign Police Officers at shelters
• Specific area that needs to be and check-in locations resources
evacuated allowing.
• Additional assistance needed, ❑ Set up containment/perimeter.
Police, Fire, medical, federal, ❑ Consider traffic control at
military, CDOT, VR security. Buffehr Creek and Chamonix
• Location of Command Post ❑ Set trigger points for evacuation
• Select radio frequency to be used and warning of evacuation
❑ Best available ingress/egress
routes for emergency personnel Alertine the Public
and vehicles. ❑ Reverse 911. (location of
❑ Contact Eagle County disaster, evacuation directions for
Emergency Management, Barry people with transportation, t
Smith staging areas for people w/o
transportation, location of
Special Considerations shelter) RoamSecure
❑ Potential for disaster area to ❑ PIO or Comm. Center contact
spread. ie; fire, chemical spill. media with evacuation info.
l
i
I
yt
i
I
j Section#3 Transportation
Evacuation Transportation
Some buses have handicap access.
❑ 35 Town buses; capacity(75pp) Standing and sitting room. Mike Rose
❑ ECO buses 1
❑ Avon/BC buses
❑ CME
❑ Eagle County School District Buses contact person: Melony McMichael
i
F;
1
g
I
I
a
4
Section#4 Pick-up Location
Emereency Evacuation Pick-up Locations
i
The pick-up locations are the current TOV bus stop routes.
i
S# NEIGHBOR- PICK-UP LOCATIONS/BUS STOPS
i
HOODS
-Aspen Lane -Racquet Club -Columbine/Bighorn
-Booth Falls -Bighorn Park -Lupine/Bighorn
-Pitkin Creek -Meadow Lane East -Pitkin Creek
1 EAST VAIL -Falls at Vail -Meadow Dr -Falls at Vail
-Lupine/Bighorn -Main Gore/Juniper -Booth Falls
-Columbine/Bighorn -Main Gore/Bighorn -Bald Mountain Rd
-Streamside Circle -Racquet Club Townhomes
-Timber Falls -Streamside EBighorn
-Hanson Ranch Rd. - 1610 Sunburst Dr. E
-Golden Peak -Club House
2 GOLF -Soccer Field -Pulis Bridge
COURSE -Ptarmigan West -Ford Park
-Ptarmigan East -Gore Creek Dr.
- 1448 Vail Valley Dr.
-Gold Peak
3 VAIL -E.Meadow/Vail Valley Dr
VILLAGE -E.Meadow/Covered Bridge
-E/Meadow/Crossroads
IN-TOWN -E.Meadow/Vail Rd
-W.Meadow. -W Lionshead Cir/Concert Hall Plaza
4 LIONSHEAD -W.Meadow/VVMC -W Lionshead Cir/Marriot
IN-TOWN -W.Meadow/Dobson/Library
-Lionshead Mall
-Middle Creek -Vail View Red/Sandstone -Vail Run
5 SANDSTONE -Sandstone School -Sandstone Creek Club
-Red Sandstone Rd -Simba Run
t
-Vail Muni Building -Intermountain 1'
WEST VAIL/ -Cascade Crossing -Meadow Creek
6 SOUTH SIDE -Cascade Village -Spruce Creek
-Matterhorn
-Ptarmigan
-Underpass
-Chamonix -Upper Buffehr Creek
7 WEST VAIL -Holiday Inn -Timber Ridge
NORTH SIDE -West Vail Mall -Lower Buffehr Creek
-Vail Commons
i
Section#5 Shelter Locations
Shelter Locations
In Vail:
❑ Vail Chapel
• Town of Vail Council Chambers if not being used for the Joint Information
Center or Vail Valley Medical Center Alternative site
• Red Sandstone Elementary School Red Cross approved
• Vail Mountain School
• Dobson Ice Arena, if not being used as a hospital surge capacity facility i
❑ Donovan Pavilion
West of Vail: l
• Battle Mountain High School
• Minturn Middle School
❑ Avon Elementary School
❑ Eagle Valley Elementary
• Eagle Valley High
• Vail Bible Church
• Trinity Church Edwards
❑ Avon Recreation Center
❑ Avon Municipal Building
❑ Homestead Court Club
:
East of Vail:
❑ Copper Mountain Chapel
l
LIONSHEAD COMMUNITY ROOM
Anticipated Community Room Usage— March 27, 2012
Submitted by Donovan Pavilion Management, Inc.
A proposed rate structure is based on the following assumptions:
1) Complimentary Use
A) Vail-only based non-profit groups:
■ Complimentary Use TOV covers cost of staffing ($30/hour), facility
cleaning($32/hour)
■ Monday-Thursday only, varied hours of use
■ Set of criteria used to evaluate group request for complimentary use
■ Based on availability
B) Eagle County based non-profit groups:
■ Discount off Eagle County resident rate
■ Monday-Thursday only, varied hours of use
■ Set of criteria used to evaluate group request for discounted use
■ Based on availability
2) Tiered Rate Structure—
A) Standard Rate: Private or Corporate use
• Published rate
• Varied hours of use
• Based on availability
B) Eagle County Resident Rate: Private or Corporate use
■ 10% discount off published rate
■ Varied hours of use
■ Based on availability
C) Vail Resident Rate: Private or Corporate use
■ 36% discount off published rate
■ Varied hours of use
■ Based on availability
■ Proof of residency required
PROPOSED FACILITY RATES:
Standard EC Rate EC Non-Profit Rate Vail Res Rate Vail Non-Profit*
Monday-Thursday, 2 hours $195 $175 $125 $100 $100
Monday-Thursday,4 hours $390 $350 $200 $100 $100
Monday-Thursday, 6 hours $585 $525 $350 $100 $100
Friday-Sunday, 8 hours $780 $700 -- $500 --
Additional time: 2 hour blocks $200
• Estimated per Event Facility Cleaning $96
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Marketing Plan Initial Activities-
• Lionshead Community Room will be linked onto the Donovan Pavilion website
• Various social media presence
• Highlighted on Town of Vail website
Management Fee (May 1 –December 31)
A proposed management fee includes a professional staff of five individuals who assist clients by
performing the following duties. An anticipated time investment of 670 hours is projected, based on a
rate of$45/hour to equal a not-to-exceed fee of a total of$30,000. A performance-based commission
structure on paid events to be incorporated into management agreement.
Hours invested will be logged on a monthly basis and will be reported to Town of Vail personnel.
Anticipated staff time investment on each duty:
40%time on Event Management/Initial Marketing of Facility
• Utilizing cross-selling opportunities between both the LH Welcome Center
Community space and the Donovan Pavilion for individual events
• Preparing and initializing contracts
• Collecting fees and documenting client payment schedules
• Provide prompt, friendly response to booking inquiries offering availability of dates and
regular communication, both via phone, in person and via e-mail, with clients regarding
their upcoming event
• Facilitate facility marketing by creating sales presentation materials, conducting
familiarization tours, calling on all hotel concierge and sales staffs to create awareness
of the facility and facilitating Facility web presence
• Monthly monitoring and reporting of staff time and activities to Town of Vail personnel
60%time of Site Management
• Conducting facility site tours for potential clients
• Greeting clients and guests on event days (96 projected event days)
• Coordinating all supplies and catering deliveries for LH Welcome Center Community
space events
• Coordinating all event security schedules and conducting on-the-spot cleaning and snow
removal duties during event hours
• Providing 24-hour on-call service for all clients
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Lionshead Welcome Center Suggested Names
Reason for the Name
For all: Alf meant to the region and as a symbol of hope creativity and innovation when it
most required.
I would also add the folloing inscription on the entry way into the center.
"Close your ears to the blandishments of hope. Listen not to its fluttering promises of life.
But prepare to meet the spirits of VAIL Mountain "
In the words of Alfred Packer's Judge who found him guilty and sentenced him ... ALF one
of the first victims of cultural misunderstanding and oppression who managed to suceed
and come out a winner in any case. - He even had a TV show named after him, the ALF
Alfred Packer
show. and used to have a popular bar in Lionshead named after him. Now regrettably gone.
Alpine-glow Welcome Center
Black Diamond Ballroom
Named after many of our ski runs.
The Board Room, at the Lionshead Welcome
Center. (Board being a play on snow board)
Popular names in Vail are Seibert, Ford, Dobson, Donovan, Gore and Eaton.They are all
considered founders of Vail. But so is Robert "Bob" Parker. He was Vail's first marketing
person. Welcoming people to Vail was his job and desire.The community space would be
perfect for his remembrance. Over time it would probably become known as "Parker's
Bob's Place or Parker's Place
Place" or"Bob's Place", perfect.Thank you for your consideration.
Camp Hale
Camp Hale Community Center or just Hale Center
Centre Vail
Centre =the choicest or most essential or most vital part of some idea or experience
Charlie Gersbach Room/Center
In honor of Vail's best storyteller
Chief Ouray
Ute Peacemaker
Community Champions Center
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Lionshead's creation in 1968 was modeled after the newer French resorts including Les Arcs
and Courcheval.While the concrete architecture has come and gone (replaced by Vail's
Renaissance), the new phenomenon of the condominium was introduced during this era
Courchevel Room
and has contributed to Vail's ongoing success.
December 15th
I believe the name for the new community center should be someone who was
instrumental in establishing Vail's reputation as a world class resort and in always extending
a welcome handshake and a "Welcome To Vail."To me the choice is a very easy one and
he is Dick Hauserman. Dick was one of the first investors and on the first board of directors.
A longtime resident and business owner. I have firsthand experience in knowing how much
Dick enjoyed meeting new guests and residents to Vail because he was one of the first
people to welcome me to Vail when I was new in town. I know Dick would be proud to
have his name associated with the new center and people will recognize his name will be
Dick Hauserman
smiling to know their friend has been recognized by the resort he helped create.
In memory of Morgan Douglas (who recently passed away) and in honor of Cathie Douglas.
This couple has lived just up the street from the Lionshead parking structure, on West
Meadow Drive, since the 60's and have donated so much to the this community,the Vail
Hospital and the Interfaith Chapel. I believe this would mean so much to Cathie, particularly
Douglas Hall
after the recent loss of her husband.
Vail was forged by the gathering of many people's dreams and hard work
-The LH welcome center will become a place for people to gather
- Planning for an event like a wedding, reunion, reception, etc. in Vail might be a dream for
many people
The LH welcome center will provide a place where some of those dreams come true and
where additional dreams are made/gathered (parties, weddings, receptions, reunions, etc.)
- If the word, "scene," is used, it would be representative of the wonderful views and
Dream Gathering Place or Dream Gathering Scene
scenery as well as using the word to describe the social atmosphere of the space
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The Douglas Center, Morgan Douglas Room
They were one of the first families of Vail and have contributed significantly to the
community and to skiing.
Morgan and his wife Cathie were the first people to move to Vail and call this home.They
came to Vail in 1960 and fell in love with this beautiful place and built their home here in
1961 at 142 W Meadow Dr.They truly were pioneers of Vail and have been well involved
with the Vail community. Noticeably with their enormous and kind donation to VVMC.
Cathie helped establish the ski team here in Vail and has been actively involved with the ski
team/instructing over the years. Cathie exemplified just as much enthusiasm, passion, and
love for the Town of Vail as she did with the ski resort. Her contribution to the ski resort
helped build the foundation of making Vail Ski Resort into one of the top ski resorts in the
world not to mention Cathie was also inducted into the Colorado Ski Hall of Fame in 2000.
Morgan recently passed away and with the hundreds of people that came to his funeral it
was apparent just how many lives he truly has touched over the years. He has painted
numerous anniversary paintings for the Town of Vail over the years and I whole heartedly
believe this Community Center would be well recognized by a family who helped establish,
Douglas Community Center
loved and pioneered the Town of Vail, none better than the Douglas family.
Dr. Eck came here in the early 1970's after his tour of duty in Vietnam and he stayed as one
of Vail's original doctors. He has had ranchers, ski patrollers, community VIPs, regular folks,
business executives, and President Gerald R. Ford as patients. No person that we have met
in Vail has been more committed throughout history to assuring that Vail succeeded than
Dr. Eck and he has been one of the visionaries that knew Vail needed a great hospital in
order to become a community where people who visited would want to come and live
permanently. He has been instrumental in serving as a member of, training and
participating even today with the Vail Ski Patrol. He saw the need for a trauma service here
and helped bring helicopter service to Vail. Dr Jack Eck is the perfect ambassador,
respected and admired by all who live in Vail and Eagle County. An avid skier, a patron of
charitable and cultural offerings in the Valley, a member of the Vail Valley Foundation
board of directors, Dr. Eck has quietly, behind the scenes contributed significantly to the
Dr.Jack Eck
development of the quality of life that we enjoy today.
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After the Hemmings family lumber co. that help build the town of Vail and before that
Minturn and Red Cliff.They started in 1880 in Red Cliff and later in Vail at the base of
Sandstone Rd across from Lionshead. Not much credit has been given to them but without
Flemming Center or Hemmings Flat
their lumberyard this community could not have been built.
Named for Earl Eaton and Pete Seibert who first laid eyes on Vail with big dreams in
mind....they finally struck GOLD! Eaton and Seibert were the first to hike up "No-Name
Mountain" and the first to prospect the vision of Vail as a ski mountain.
The Founders Center" or"Founders Station" or
Gold = 50th anniversary
"Founders Gold Welcome Center"
Gobilie Center
Golden Jubilee
Golden Lion
For the golden anniversary of Vail
The Gondola
Gore Creek Place
Gorsuch Grand View Room
The Gorsuch family has done much for Vail and the room does have a grand view.
I think it would be completely appropriate to name the room after a local resident who has
had an unparalleled impact on the community through his hard work, planning and vision
for the community—Greg Hall. The town of Vail has changed dramatically during the years
that Greg has been the Public Works Director, and he has helped to shepherd and shape
many of the projects that have been so instrumental in making Vail the world class
community that it is today.
While I don't think that "Greg Hall Hall" is a good name, perhaps "Greg Hall Community
Room" would work. Or maybe The Hall Veranda, if you want to get fancy.
That's my two-cents. Thank you!
Greg Hall Community Room
The existence of Camp Hale sparked the idea of Vail's very existence. Plus, a hyphenated
Hale Hall
version of the founders' names doesn't seem to work for a single room space.
Jubilee Center
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Ledges Room at the Lionshead Welcome Center
Let Go
Let Vail
Lindsey's Lair
Lindsey Vonn deserves some more recognition.
Lindsey's Lounge
The timing is perfect to honor her.
Lion's Den
Rationale: this space, which also the meaning, is designed to provide a comfortable and
informal atmosphere for gathering our community together. Also would like to see the
Lions Den
name Lion in the name somewhere to keep "Lionshead" into the equation.
Lions Den
The Lion's Loft
Top floor location, in Lionshead.
Ludwig's Lounge
Mr. Ludwig has led by example throughout the years
Baby male lions, called cubs, do not start to grow their manes until they reach puberty.
They start to grow their manes at about 18 months of age and continue until they are
about 5 years old. At this point they will have a full grown mane just like Lionshead age 50
The Mane Room
years.
Mountain Heritage
We would not have Vail without Pete. I don't think he has been honored enough. Such a
Oh for Pete's Sake
nice guy. Didn't get the tribute he deserved. Honor the people that need to be honored.
Packy's Room
Named for Bob Parker, the man responsible for marketing Vail from its beginning. He
continually hosted media events to promote the mountain and the very special village at its
base. It seems that the new Welcome Center could carry on the celebrations and traditions
Parker's Promontory
that Bob tirelessly initiated.
Parker's Vista
I have been in the room and it IS a sort of promontory overlooking the village and slopes,
which Bob had a tremendous role in creating. I don't know of anything else named for him
on the mountain or in town...and he deserves recognition on this important 50th
The Pearl
Anniversary.
Pepi's Place
—not much explanation needed as Pepi's life in Vail speaks for itself.
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Pete's Dream
Peter's Place
I am a fervent believer that Earl Eaton has never gotten the recognition that he deserves,
and I was completely disappointed in his public memorial service at The Lodge. However,
the people who contributed to Vail being the best over the early years are too numerous to
name, but their spirit should be immortalized in some public way. Maybe VA/VR could
name the new
gondola: Earl's Tram.
Pioneers Room
Camp Hale where one of the founders, Seibert, was stationed is between red cliff and
Leadville. Him being there by Red Cliff is what lead him to finding Vail. I believe Red Cliff
Commons is a beautiful name and it coincides with a beautiful place and incorporates the
word commons which is a place of meeting. Which to me describes the new area in
Red Cliff Commons
Lionshead perfectly!
Since this addition is part of Vail's renaissance. Plus, when couples get married there, it will
Renaissance Room
sound nice on invitations.
The Room, at the Lionshead Welcome Center
The Shining Mountains Center
Silver Bowl or Silver Center for the 50th
In recognition of Vail's seasonal employees who have helped make Vail become a great
place.The Sunbird Lodge once housed seasonal employees and was torn down to make
Sunbird Room
way for construction of the Arrabelle.
Named after the Transmontane Rod and Gun Club.....the operating name for the idea that
started it all.
Transmontane=on or coming from the other side of the mountains
Centre =the choicest or most essential or most vital part of some idea or experience
Transmontane Centre or Transmontane Center
VWC
All the kids will like it.Just like The OC on tv2. It's all acronyms these days.
Vail: Come In! (A take on German "Willkomen").
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I believe that the new community space should recognize both Vail's 50th anniversary and
the 50th anniversary of Vail resident Scott Carpenter historic space flight on May 24, 1962
on Aurora 7 in the Mercury program. Vail's 50th marks not only the dream of creating a
world class ski destination but Scott Carpenter's NASA flight of America's dream to
thoroughly establish it self as a leader in space exploration and science during the cold war
era that later lead to the Apollo missions. Therefore, I propose that the Community Space
be named "Vail Carpenter Semicentennial Space" which would indeed recognize all aspects
including Semicentennial as 50th and Space as both community area and Space (as in outer
Space). Also, a creative logo would signify it with an image of Vail Mountain and/or logo
Vail Carpenter Semicentennial Space
with a space capsule flying over it including 50th as part of the image.
Vail Hall of Fame
Vail Pioneer Room
The Vail Vestibule
This is the name of one of the highest peaks within the Gore Range. It stands as a virtual
centerpiece within the surrounding mountains of the range itself and casts an ever watchful
eye over the Vail Valley. With its elevation of 13,180 ft and with the sq ft size of the
Community Space being 1300sq ft, the number similarity offer's a very fun and interesting
Valhalla Peak Community Space
coincidence.
The name Valhalla Peak will not only bring interest to the Gore Range but the word Valhalla
itself gives meaning to a place a greatness and honor.Two things which Vail and it's
The View
residents holds in high regard.
Vail View Community Center
Vail Vista
Villiage Vista
wickiups
Ute Indian homes
Zemler's Zoo
I Stan has done an excellent job of running this one so we should name a room after him!
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The Rationale is we have come from the 10th to our 50th. Vail will be celebrating its 50th
anniversary and, Vail's origins come at least in part from 10th Mountain Division's desire to
found ski areas after World War II which meant that Vail got founded. So we have come
from the 10th to our 50th, but 10 to 50 might be easier for folks to say. Since Vail is at 8150
feet I like having 50 in the name of the new facility also. Finally I think 10 to 50 as a name
might have some good luck in terms of having it be well utilized. So 10 to 50 recognize
Vail's roots and where it is now with an eye towards it becoming a place for many
important gatherings. It recognizes an important group of people (The 10th Mountain
Division) without affixing the name of a person whose name might not stand up to the test
10 to 50, which could also be 10th to 50th, or 10- 2
of time. (Personally I only believe in naming a place after a person after they have been
50
long dead).
1962
8150
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K�
TOWN OF VA105
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: April 3, 2012
ITEM/TOPIC: First reading of Ordinance No. 3, Series 2012, an ordinance making
supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real
Estate Transfer Tax Fund, Conference Center Fund, Dispatch Services Fund and Heavy
Equipment Fund
PRESENTER(S): Kathleen Halloran
ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No.
3, Series 2012
BACKGROUND: Please see attached documentation
STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 3,
Series 2012
ATTACHMENTS:
Ord 3 Supp
4 01
MEMORANDUM
To: Town Council
From: Stan Zemler
Judy Camp
Kathleen Halloran
Date: March 28, 2012
Subject: 2011 Results and 2012 Supplemental Appropriation
The completion of the 2011 financials sets the stage for this supplemental appropriation of 2012
with the identification of capital projects that span more than one year and need to have funding
re-appropriated to the current year. In Tuesday evening's session, you will be asked to approve
the first reading of Ordinance No. 3 making supplemental appropriations and adjustments to the
2012 budget. The following information is provided for your review:
• Summary of Revenue, Expenditures, and Changes in Fund Balances — 2011 Actual
Compared with Amended Budget and 2012 including the proposed first supplemental
appropriation
• Ordinance No. 3, Series 2012
2011 RESULTS
Vail ended the year on a high note with full-year sales tax collections of $19.6 million matching
the previous record reached in 2008 and December collections producing the second highest
month on record, exceeded only by March 2008. Compared with the prior year, 2011 sales tax
grew by 11%. A recovering economy, an increase in international tourism and good snow for
the 2010-11 season all added to the town-wide increase in economic vitality.
Real estate transfer tax collections in 2011 of $4.4 million took an expected drop of 37% from
prior year due to major projects completed in 2010. "Base" real estate sales were nearly flat
with prior year, and accounted for approximately $2.7 million of total tax collections.
Ski Lift tax collections of $3.5 million exceeded prior year by 5.1% and beat budget by 10.5%.
While construction permits and fees of $1.1 million were down 18.0% from prior year, they
exceeded budget by 9.3%, or $96,766. Use Tax collections of $721,000 decreased 34.6% from
prior year, again due to the lack of major redevelopment projects during the year.
Parking revenue declined by $1.0 million, or 20.1% due to a number of factors including
reduced demand from construction workers accompanied by an increased supply of private
parking opportunities as major redevelopment projects were completed. In addition, the town
increased its free parking from 90 minutes to 2 hours in the structures, and kept daily rates and
most parking pass prices the same as in previous years.
Across all funds and revenue accounts for 2011, total revenue of $49.4 million was down 13%
from 2010 primarily due to decreases in federal grant revenues $2.4 million, a $2.5 million
decrease in RETT collections, parking sales of $1.0 million and the sale of the Arosa Dr. duplex
in 2010 of $816,000.
Expenditures were favorable to budget, with General Fund operating expenditures of $28.0
million coming in below budget by nearly $1.6 million, or 5.3%. The savings were split between
salary/benefit savings from staff vacancies of approximately $773,000 and general operating
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savings of $804,000. As a result, the General Fund fund balance now totals $23.5 million, or
77% of annual revenues.
Capital Projects Fund expenditures came in below budget by $10.8 million, of which $8.4 million
relates to ongoing projects, and $2.4 million, or 7.0% of expense savings compared to total
budget. The RETT Fund expenditures came in below budget by $7.6 million, of which $6.3
million relate to ongoing projects and $1.3 million, or 9.4% of expense savings. Details of
ongoing projects are outlined in the Supplemental Appropriation section below.
2012 SUPPLEMENTAL APPROPRIATION
The main purpose of this supplemental is to re-appropriate funds for 2012 capital projects that
were started in 2011 and are continuing into this year, or projects that did not begin as planned
in 2011. There are also adjustments needed to reflect events or decisions that occurred after
the 2012 budget was finalized.
General Fund
Revenue will be adjusted by a total increase of $25,000. These funds are reimbursements for
expenditures, such as $20,000 from Vail Resorts to cover the payment owed to CDOT for the
annual lease of the frontage road for winter parking. The other $5,000 relates to reimbursement
from Crown Castle for the town's legal fees relating to the lease agreement.
General Fund expenditures are proposed to increase a total of $173,950. Other than the two
items listed above, expenditures adjusted by this supplemental include:
• A net increase of $15,000 for special events: $75,000 previously allocated to the Pro-
cycling Challenge will be used toward the "Gran Fondo Canondale Vail" event ($40,000)
per Council December 6, and $50,000 to fund a survey of 30 events to gain a better
understanding of return on investment to the town for each event (approved March 20th)
• $86,000 in contract services for various accelerated technology projects. The list of
projects includes upgrades to the court system, phone system, backup system for the
remote desktop servers, various public safety system updates (Intergraph, mobile
laptops, mobile vision), cabling systems updates at several town buildings, 4G/WiFi
network implementation, media wall at the LionsHead Welcome Center, online permit
tracking implementation, and the Weather Central upgrade, among others. Previously,
these projects were budgeted over a three-year period but have been accelerated due to
the planned relocation of the municipal offices.
• $22,950 is requested for condo assessments owed for the town-owned space at Vail
Village Inn — Phase V. We no longer have a renter paying the annual assessment.
• $25,000 deductible for the town's General Liability insurance policy (amount paid per
occurrence). The 2012 budget included one deductible which has already been spent.
Other than immediate funding needs for projects directly relating to a relocation of the municipal
offices, staff is not requesting additional dollars until we have a clearer picture of what will be
needed.
The above adjustments to the General Fund 2012 budget result in an estimated fund balance of
$22.5 million by the end of 2012, or 77% of annual revenues.
Capital Projects Fund
Revenue will be adjusted by a total increase of $1,072,435. This includes $828,000 in federal
grant dollars awarded for replacement of the Matterhorn Bridge. Both revenue and
expenditures for this project were budgeted in 2011, but the project was delayed due to timing
of CDOT requirements. Other revenue adjustments include reimbursements for projects such
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4- 1 -2
as 1-70 Noise ($111 K) and reimbursement from the Vail Recreation District relating to tenant
finishes in the new LionsHead Welcome Center ($35K). In addition, year to date collections of
employee housing fee-in-lieu of $70,000 is reflected along with energy rebates of $28,783.
Staff is requesting to supplement 2012 expenditures by a total of $9.5 million. Of this, $8.4
million represents projects budgeted in 2011 but not yet completed such as the LionsHead
Welcome Center, Library remodel, East and West LionsHead Portals, bus replacements, and
energy enhancement programs. Other requests included in this re-appropriation of funds
involve project funding that is maintained from year to year such as the housing buy-down
program, 1-70 Noise, and a debt service guarantee for Timber Ridge.
Also included in the re-appropriation from prior year funds is $225K for the purchase, installation
and staffing support for a new finance system. At this point in time we do not have an estimate
of the system cost. The $225K for "Business System" from 2011 would be combined with
$175K already budgeted for 2012. Of this amount, $17,000 is needed to upgrade the system
used by Community Development to track building permits. We also request to use $28,000 of
these funds to add a 0.5 FTE fixed-term resource to assist in the budgeting and reporting area
while efforts are re-directed to the project.
New projects or increases requested include:
• Planning and design for the municipal site redevelopment ($760K)
• $75K for increased document imaging activity for departments preparing for a relocation
Examples include the Finance department (scanning historical financial data and bond
documents) and Community Development (scanning historical plans and property
filings).
• $50K for design/architecture expenditures relating to the renovation of the Main Vail Fire
Station (currently budgeted in 2013 at $1.75M).
• $46K in software/hardware expenditures including $16K for I-pads purchased for town
boards, and $30K needed mainly to upgrade the current remote desktop system, or
°RDS".
• Recognize $70K of Housing Fee-In-Lieu revenue collected from developers by including
that amount in the balance available for the employee housing (EHU) buy-down
program.
• A $350,000 increase to the Library remodel project as approved by Council March 20tH
• $34,652 relating to tenant finishes paid for by the Vail Recreation District (VRD) for their
offices located in the new LionsHead Welcome Center.
Transfer of funds from the Vail Reinvestment Authority shows an adjustment of $2.5 million to
reflect projects carried over from the prior year.
All of the above adjustments will result in an estimated fund balance of $11.7 million by the end
of 2012.
Real Estate Transfer Tax (RETT) Fund
Budgeted revenues show an adjustment of $1.15 million in reimbursement from the VRD
relating to redevelopment of the Clubhouse at the Vail Golf Course and Nordic Center.
Staff is requesting to supplement 2012 expenditures by a total of $14.2 million. Only $1.7
million represents projects budgeted in 2011 but not yet completed such as improvements to
VRD-managed assets, completion of the Red Sandstone Park, and Public Art programs.
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The remaining expenditures relate to two significant capital projects: Reconstruction of the
Clubhouse and Ford Park improvements. While not all of the funds may be expended during
2012, staff is proposing to reflect the full picture of these two projects. As such, this budget
proposal includes the transfer of funds from the Conference Center Fund as well as from other
project budgets within the RETT Fund to present the Clubhouse and Ford Park projects at total
estimated cost, as seen previously by Town Council and Vail citizens during various public
meetings.
The Clubhouse project is reflecting a total budget of $6.7 million (total estimated cost is $6.8
million) made up of the following:
• $3.8M of Conference Center Funds
• $1.15M contribution from Vail Recreation District (VRD)
• $1.26M previously budgeted for golf clubhouse capital repairs
• $504K allocated from Recreation Enhancement Account funds, which represents the
accumulation of annual lease payments from the VRD intended for use toward a
remodel of the clubhouse
Previously there was a shortfall of $500,000 for this project, but $400,000 of this has been
covered by using project budgets in RETT that were budgeted in 2011 for capital improvements
to the original Golf Course Clubhouse (part of the $1.26M above). Those capital improvements
will no longer be needed due to the scope of work for the new redevelopment.
The Ford Park project is reflecting a total budget of $6.3 million (total estimated cost is $6.3
million) made up of the following:
• $3.5M of Conference Center Funds
• $2.8M previously budgeted for Ford Park improvements
Previously there was a shortfall of $300,000 for this project, but that has been covered by using
project budgets in RETT that were budgeted in 2011 for capital improvements to Ford Park and
the Tennis Center. Those capital improvements will no longer be needed due to the scope of
work for the new Ford Park project.
These adjustments will result in an estimated fund balance of $9.4 million by the end of 2012.
Conference Center Fund
Staff is proposing to reflect the full cost of projects approved by voters, specifically $2.1 million
contribution toward improvements to the Ford Park Amphitheater project, $3.8 million
contribution toward a redevelopment of the Clubhouse (transferred to the Capital Projects Fund)
and $3.5 million contribution toward improvements to Ford Park (also transferred to the Capital
Projects Fund). While these funds may not be spent entirely in 2012, the intent is to show the
projects in total, as seen previously by Council and Vail citizens during various public meetings.
Dispatch Services Fund
The Dispatch Services department is requesting a re-appropriation of $133,159 to continue a
replacement of the "voice logger" system and consoles.
Heavy Equipment Fund
Two replacement vehicles were ordered (and budgeted for) in 2011, but delivery took place in
2012. A re-appropriation of $330,000 is requested to cover payment for a snowplow and motor
grader (used to scrape up and plow ice on roadways).
- 4 -
4/3/2012
4- 1 -4
TOWN OF VAIL 2012 BUDGET
SUMMARY OF REVENUE,EXPENDITURES AND CHANGES IN FUND BALANCE
GENERALFUND
2012
2012
2011
2011
Variance
Original
1st
Proposed
Amended
Actual
Fav/(Unfav)
Budget
Supplemental
Amended
Comments
Revenue
Local Taxes:
$ 17,800,000
$ 19,581,415
$ 1,781,415
$ 17,800,000
$
$ 17,800,000
Sales Tax Split b/t Gen'I Fund&Capital Fund
61/39
54/46
61/39
Sales Tax
$ 10,859,000
$ 10,859,000
$ -
$ 10,859,000
$
$ 10,859,000
Property and Ownership
5,055,000
5,031,770
(23,230)
4,232,000
4,232,000
Ski Lift Tax
3,193,000
3,529,125
336,125
3,492,000
3,492,000
Franchise Fees,Penalties,and Other Taxes
1,087,402
1,073,138
(14,264)
1,112,753
1,112,753
Licenses&Permits
1,040,200
1,136,966
96,766
955,000
955,000
Intergovernmental Revenue
1,887,155
2,066,191
179,036
1,911,250
1,911,250
Transportation Centers
4,411,500
4,023,940
(387,560)
4,425,000
4,425,000
Charges for Services
909,655
962,342
52,687
774,850
774,850
Fines&Forfeitures
305,000
265,575
(39,425)
325,000
325,000
Earnings on Investments
194,000
188,848
(5,152)
116,900
116,900
Rental Revenue
869,816
895,872
26,056
869,816
869,816
Miscellaneous and Project Reimbursements
375,097
477,845
102,748
207,000
25,000
232,000
$20K VRI reimbursement for CDOT Frontage Rd lease;$5K Crown
Castle legal reimbursement
Total Revenue
30,186,825
30,510,613
323,788
29,280,569
25,000
29,305,569
Expenditures
Salaries
13,811,947
13,122,291
689,656
13,679,222
-
13,679,222
Benefits
4,566,277
4,483,006
83,271
4,597,131
4,597,131
Subtotal Compensation and Benefits
18,378,224
17,605,297
772,927
18,276,353
-
18,276,353
Contributions and Special Events
1,285,750
1,278,453
7,297
1,383,318
90,000
1,473,318
$40K Gran Fondo;$50K Intercept study of events
All Other Operating Expenses
6,296,981
5,524,989
771,992
6,222,776
158,950
6,381,726
$86K contract services for accelerated IT projects;$25K Gen'I Liability
deductible;$22,950 condo assessment for Vail Village Inn space;$20K
CDOT Frontage Rd lease;$5K Crown Castle legal expert(reimbursed
above)
Heavy Equipment Operating Charges
2,212,607
2,196,237
16,370
2,253,304
-
2,253,304
Heavy Equipment Replacement Charges
546,104
537,417
8,687
547,008
547,008
Dispatch Services
537,827
537,827
575,706
575,706
Total Expenditures
29,257,493
27,680,220
1,577,273
29,258,465
248,950
29,507,415
Revenue Over(Under)Expenditures
604,332
2,830,393
2,226,061
22,104
(223,950)
(201,846)
Transfer to Capital Projects Fund
(1,845,800)
(1,845,800)
-
-
Transfer to Capital Projects Fund for implementation of energy audit
enhancements
2015 World Alpine Ski Championships
(250,000)
(250,000)
-
(250,000)
-
(250,000)
Pro-cycling event
(75,000)
(75,000)
(75,000)
75,000
-
Event cancelled
2015 Nation's Event
(375,000)
-
(375,000)
Vail's 50th Anniversary
-
-
(250,000)
-
(250,000)
Total Expenditures
31,428,293
29,851,020
1,577,273
30,208,465
173,950
30,382,415
Surplus Net of Transfers&New Programs
(1,241,468)
659,593
1,901,061
(927,896)
(1,076,846)
Beginning Fund Balance
22,886,692
22,886,692
21,645,224
1,901,061
23,546,285
Ending Fund Balance
$ 21,645,224
$ 23,546,285
$ 20,717,328
$ 22,469,439
EHOP balance included in ending fund balance
not spendable
$ 690,000
$ 690,000
$ 690,000
$ 690,000
4/3/2012
-5-
4- 1-5
TOWN OF VAIL 2012 BUDGET
SUMMARY OF REVENUE,EXPENDITURES AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
2012
2012
2011
2011
Variance
Original
1st
Proposed
Amended
Actual
Fav/(Unfav)
Budget
Supplemental
Amended
Project Information
Revenue
Total Sales Tax Revenue:
$ 17,800,000
$ 19,581,415
$ 1,781,415
$ 21,362,830
$
$ 21,362,830
Sales Tax Split between General Fund&
Capital Fund
61/39
54/46
61/39
61/39
Sales Tax -Capital Projects Fund
$ 6,941,000
$ 8,956,252
$ 2,015,252
$ 6,941,000
$
$ 6,941,000
Use Tax
731,000
721,002
(9,998)
515,000
515,000
Federal Grant Revenue
2,176,364
1,205,465
(970,899)
-
828,000
828,000
2011:$1,334,114 for Transit Center;$14,250 for Live Scan grant;2012:$828K for bridge
reconstruction
Other State Revenue
10,000
-
(10,000)
-
-
-
Virtual Briefing police grant
Lease Revenue
184,500
192,710
8,210
188,160
-
188,160
Per Vail Commons commercial and residential leases
Employee Housing Fee-In-Lieu
250,000
249,217
(783)
-
70,000
70,000
Recognize YTD collections
Project Reimbursement
1,086,163
1,015,645
(70,518)
174,435
174,435
2011:$577K Wenk case settlement for capital repairs;$203K Holy Cross Community Enhancement
Funds,$55K reimb from Vail homeowners and$15K from Vail Rec Distrcit for underground utility
projects;$175,163 insurance reimb for July flood;$55,000 insurance reimbursement for LH parking
booth accident;$6K sale of elevator LH parking structure;2012:$111 K shared costs for 1-70 Noise
projects(homeowners$8K,CDOT$93K and ERWSD$1 OK);$28,783 energy rebates;$34,652
reimb from VRD for tenant finishes in Welcome Center office space
Earnings on Investments and Other
-
147,481
147,481
67,500
-
67,500
Total Revenue
11,379,027
12,487,772
1,108,745
7,711,660
1,072,435
8,784,095
Maintain Town Assets
Bus Shelters
27,900
735
27,165
30,000
-
30,000
Annual maintenance;New shelter at Simba Run
Parking Structures
504,000
333,873
170,127
640,000
640,000
Various repairs including deck topping replacement,expansion joint repairs,ventilation,HVAC,
plumbing and other structural repairs;Since 2010 there is an offset from VRA(see transfer near
bottom of sheet);Starting in 2012 there are estimated energy savings of$50K per year
Facilities Capital Maintenance
625,000
495,201
129,799
815,000
129,799
944,799
Re-appropriate$129K to continue replacement of Bus Barn garage doors;2012:$152K air
handling unit for Municipal bldg;$83K repairs to wood siding,$50K PW shop garage doors and$18K
exhaust system at PW Shops;$75K snowmelt boiler system repairs;$38K for Transit office floors and
walls;$30K for Comm Dev floors and walls;$30K for Library wood siding and window repairs;Some
energy savings$25K per year for 2012 and 2013
Library Roof Replacement
102,840
-
102,840
-
-
-
Included in Library remodel project
Creekside Housing Improvements
160,000
136,525
23,475
385,000
385,000
Need to gut plumbing;electrical wiring;roofing,etc.;asbestos and mold remediation; 4 units were
completed in 2010;plan to do 4 more in 2011;in 2012,complete remaining 4 units and replace
exterior siding,stairs and decks
Donovan Park Pavilion
-
-
50,000
50,000
2012:$50K furniture replacement;2014:$400K to change ventilation&improve noise and$270K to
replace heating/air system;2016$50K furniture replacement
Vail Village Inn Condo Roof(TOV Portion)
17,000
17,000
-
-
-
Capital assessment from owners'association for space owned by town
Street Light Improvements
67,500
53,840
13,660
50,000
50,000
New street lights and to refurbish residential lighting
Capital Street Maintenance
1,215,979
855,029
360,950
1,000,078
1,000,078
On-going maintenance to roads and bridges including asphalt overlays,patching and repairs;2012-
2014 were previously updated for recent bid prices(savings of$925K);Assumes that we do not see a
dramatic increase from current prices and that reconstruction of neighborhood roads and bridges
occurs(without reconstruction,maintenance costs will increase)
Flood incident repairs
543,748
194,556
349,192
-
349,192
349,192
Relating to flood repairs:Reconstruct a portion of Rockledge drainage improvements,Big Horn Creek
culvert repair/replacement at Columbine and Spruce Way,Booth Creek improvements to mitigate
future flooding of culverts,tennis courts and playgrounds.
Fire Truck Replacement
-
-
590,000
-
590,000
2012 replace pumper truck from 1994;2014 replace pumper truck from 1999
Audio Visual
41,996
60,136
(18,140)
-
-
Mixer board and cameras in the Council chambers for recording of meetings
Town-wide camera system
-
-
12,000
12,000
$12K per year for replacement of cameras and recorders(49 cameras and 3 recorders around town
so far;will be adding for Transit and Welcome Centers);Recorders cost$7-8K each;cameras range
from$800-$3800 each
4/3/GU 1G
-6-
4- 1-6
TOWN OF VAIL 2012 BUDGET
SUMMARY OF REVENUE,EXPENDITURES AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
2012
2012
2011
2011
Variance
Original
1st
Proposed
Amended
Actual
Fav/(Unfav)
Budget
Supplemental
Amended
Project Information
Document Imaging
130,636
141,681
(11,045)
30,000
75,000
105,000
Supplement for continuation of historical scanning(outside vendor);2012:Purchase of storage
devices($20K) remainder for increased scanning and storage in preparation for the municipal
relocation/move(Finance,Comm Dev)
Software Licensing
33,640
30,349
3,291
40,000
-
40,000
Annual renewal of software licenses
Hardware Purchases
65,000
105,450
(40,450)
48,000
46,000
94,000
Upgrade Microsoft products on all equipment;renew licenses in future;Costs have increased from
vendors;2012 addition:$16K Ipads purchased for boards;$30K relating to accelerated projects
due to move,mainly related to the town's remote desktop server,or RDS
Data Center(Computer Rooms)
15,000
8,950
6,050
15,000
-
15,000
Based on annual replacement schedule of security and power systems for 3 computer rooms
Website and e-commerce
39,000
6,300
32,700
29,000
32,700
61,700
Re-appropriate to continue website redevelopment;Internet security&application interfaces
Comm Dev ArcGIS System
16,000
-
16,000
-
-
-
Web access to town GIS information(similar to County's website GIS product)
Fiber Optics in Buildings
17,000
2,251
14,749
23,000
23,000
Cabling/Network Infrastructure; to repair,maintain&upgrade
Network upgrades
21,000
18,010
2,990
35,000
35,000
Computer network systems-replacement cycle every 3-5 years
Phone System Infrastructure
-
-
-
35,000
35,000
Replace infrastructure for 15-year old phone system;Full cost to replace the phone system currently
on unfunded list until Municipal site redevelopment decision
Public Safety System
57,000
60,692
(3,692)
59,000
-
59,000
Annual capital maintenance of"County-wide"Computer Aided Dispatch/Records Mgmt System" ;
includes patrol car and fire truck laptops and software used to push information to TOV and other
agencies;TOV portion of Intergraph software maintenance
Business Systems Replacement
225,000
-
225,000
175,000
225,000
400,000
Replace 15-year old financial system;continued support to current system questionable;better
technology;$17K for Comm Dev Permit system update
Radio Tower(Vail R56)
30,000
-
30,000
-
30,000
30,000
Town's portion of wireless communication equipment upgrade -Radio tower will be replaced and
location moved from outside of Council chambers to outside of Dispatch center
Virtual Briefing System
10,000
9,095
9,095
-
-
Police Virtual Briefing equipment(grant funded)
Intergraph software upgrade
80,000
-
80,000
80,000
80,000
Re-appropriate for TOV portion of upgrade to computer-aided dispatch system -project
scheduled for Fall'12
Live Scan Interface
14,250
14,250
-
-
-
-
Funded by grant above;Links our Live Scan software to other agencies
Police breathalizer replacement
-
-
10,000
10,000
State mandated replacement of 13-yr old equipment;may eventually be offset with grant revenue
Police rifle replacement
-
-
-
21,250
21,250
Replacement of 21-year old rifles(17 units)
Total Maintenance
4,059,489
2,543,923
1,523,756
4,092,328
967,691
5,060,019
Enhancement of Town Assets
CDOT Required Parking
630,000
630,000
Pending discussion with Vail Resorts re:sharing costs.2012:LionsHead and guardrail in West Vail on
N.Ftg Rd;2013:Cascade;2014:Safeway and Vail Village
Vail Village Info Booth
1,100,000
1,100,000
Remodel,including addition of restrooms and some guest enhancement
Vail Village Info Booth pull in lane
250,000
250,000
Pull off lane in front of Vail Village info booth for short term parking and to provide an area for an RV or
larger vehicle to pull in for information
Guest Services Enhancements/Wayfinding
217,800
23,644
194,156
1,100,000
269,156
1,369,156
Re-appropriate to continue projects;$75K transferred from streetscape project as previously
budgeted for signage.Guest information improvements town-wide,including pedestrian signage,
parking structures,banners at VV&LH
Main Vail Fire Station
-
-
-
-
50,000
50,000
Design/architecture for remodel of Main Vail station;Full project included in 2013 budget;
Includes public restrooms,TOV office space and new roof
Energy Enhancements
3,122,715
1,989,694
1,133,021
1,133,021
1,133,021
Implementation of energy audit enhancements(includes reimb from VRA,RETT,and GF);
New Fire Truck
253,917
253,900
17
-
-
New fire truck for additional station;Deposit made in 2010;delivery in 2011
Fire Equipment
-
-
-
32,000
32,000
$12K Thermal image camera for new truck;$20K set of equipment for ladder truck
Village Streetscape
172,429
86,111
86,318
-
-
-
Transfer$75K of remainder to Guest Service Enhancement project as previously budgeted
Neighborhood Road Reconstruction
2,038,701
229,206
1,809,495
10,000
10,000
Re-appropriate$1 OK to cover design costs spent to get the Vail Valley Dr.project ready to bid
(project has been delayed);2013-2016 East Vail roads;Increase of$425K in 2013 for shared
project with ERWSD on Rockledge Rd 2013 also includes$200K for planning/design of roadwork in
2014-2016
Neighborhood Bridge Reconstruction
1,195,882
144,067
1,051,815
1,051,815
1,051,815
Matterhorn Bridge reconstruction delayed due to CDOT fiscal year and requirements;Partial funding
from federal grant;Nugget Lane and Bridge Rd bridges design in 2013 and construction in 2014 to
coincide with federal grants
Y/J/GV 1G
4- 1-7
TOWN OF VAIL 2012 BUDGET
SUMMARY OF REVENUE,EXPENDITURES AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
2012
2012
2011
2011
Variance
Original
1st
Proposed
Amended
Actual
Fav/(Unfav)
Budget
Supplemental
Amended
Project Information
Parking Entry System/Equipment
55,000
53,195
1,805
-
-
Repairs to parking booth equipment from vehicle accident;Insurance reimbursed
Radio Equipment replacement(pub.works,
pub.safety)
-
-
-
48,000
48,000
Replacement of 2008 radios for PW,Fire,PD
Hybrid Bus Battery Replacement
-
-
-
55,000
-
55,000
Scheduled replacement: 1 in 2012;7 in 2014;Estimated life of 6 years
Replace Buses
3,486,614
2,240,636
1,245,978
-
1,245,978
1,245,978
2012:2 Hybrid buses ordered in 2011;take delivery in 2012
Timber Ridge Legal/Zoning
50,000
32,685
17,315
17,315
17,315
Continuation of negotiations
Manor Vail Street Plan
83,800
-
83,800
-
-
-
Expenditure related to impact fee paid by Manor Vail development;Will track internally rather than on
budget worksheet
Total Enhancements
10,676,858
5,053,138
5,623,720
3,215,000
3,777,285
6,992,285
New Assets
Municipal Redevelopment
-
-
-
-
760,209
760,209
Estimated costs for architecture and design$247K plus project management$513K;Based on
approved contracts
LionsHead Transit Center(VRA)
1,419,945
1,419,945
-
-
-
-
$5.0 million from Federal grant;remainder transferred from VRA
Welcome Center(VRA)
7,534,706
6,595,914
938,792
304,700
973,444
1,278,144
Continuation of the project;Includes$34K reimbursement from VRD for tenant finishes;Funded
by the Vail Reinvestment Authority(see Transfers below)
East LionsHead Portal(VRA)
200,000
158,711
41,289
2,075,000
41,289
2,116,289
Re-appropriation;Design work approved by Council Feb 1st;Originally budgeted entire project in
2012; Funded by the Vail Reinvestment Authority(East LH Circle)
West LionsHead Portal(VRA)
75,000
52,500
22,500
750,000
22,500
772,500
Re-appropriation;Design work approved by Council Feb 1 st;Originally budgeted entire project in
2012; Funded by the Vail Reinvestment Authority(Concert Hall Plaza)
Library Remodel(VRA)
174,500
72,772
101,728
1,600,000
451,728
2,051,728
Re-appropriation plus$350K additional approved by Council March 20th;Funded by the Vail
Reinvestment Authority(see Transfers below);This project would add additional community space on
main level,with offices and community room on basement level;includes elevator as required by code
Sundial Plaza (VRA)
-
-
-
850,000
-
850,000
Fountain needs to be removed or significant repairs/replacement;Stairways;Adjoining park could be
improved rather than try to find a location for a new LH park. A"new"LH park was on Unfunded list
for$800K;$285K of this amount would be to improve the connection of walkways up toward First
Chair
West Vail Fire Station
2,003,618
1,890,760
112,858
-
7,500
7,500
Final bills for West Vail Fire Station
Buy-down Program
552,118
-
552,118
552,118
552,118
Carry forward program funding
Buy-down Program Funded by Pay-in-Lieu
467,803
-
467,803
-
537,803
537,803
Carry forward current balance of program funding:Housing funded directly by Pay-in-Lieu fees
collected from developers;$70K increase based on 2012 YTD collections
Variable Message Signs/Way-Finding
Improvements
100,000
50,046
49,954
100,000
49,954
149,954
2012:replacement of two ramp signs at Main Vail($200K)
1-70 Noise
378,140
27,957
350,183
-
350,183
350,183
Re-appropriate for utility relocation for Bald Mountain berm extension
Underground Utility improvements
273,000
151,800
121,200
121,200
121,200
Re-appropriate for continuation of projects:East Vail on Bighorn Rd and Golf Course to Ford Park;
Reimbursements from homeowners totaling$55,000($5K from East Vail and$50K from residents
near golf course),Vail Rec District($15K)and Holy Cross directly funding$43,000 for East Vail
project
Chamonix Area Planning
92,600
90,800
1,800
-
-
-
$80K for water/utility infrastructure done during construction of W Vail Fire Station;$12.6K final
amount due to Martin&Martin
Total New Assets:
13,271,430
10,511,205
2,760,225
5,679,700
3,867,928
9,547,628
Total Capital before Financing
28,007,777
18,108,266
9,899,511
12,987,028
8,612,904
21,599,932
Debt Service and Financing
Debt Service on Outstanding Bonds
2,279,572
2,279,574
(2)
2,088,346
-
2,088,346
Annual debt service payments
Timber Ridge Debt Service Guarantee
925,000
-
925,000
-
925,000
925,000
Annual debt service guarantee-requirement of TR debt
Total Debt Service and Financing:
3,204,572
2,279,574
924,998
2,088,346
925,000
3,013,346
Total Expenditures
31,212,349
20,387,840
10,824,509
15,075,374
9,537,904
24,613,278
Other Financing Sources(Uses)
4/3/2012
-8-
4- 1-8
TOWN OF VAIL 2012 BUDGET
SUMMARY OF REVENUE,EXPENDITURES AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
2012
2012
2011
2011
Variance
Original
1st
Proposed
Amended
Actual
Fav/(Unfav)
Budget
Supplemental
Amended
Project Information
Transfer from Vail Reinvestment Authority
9,579,070
7,125,196
2,453,874
6,546,700
2,488,874
9,035,574
Re-appropriate a portion of 2011 unspent relating to on-going projects above;2012:LH Portal
improvements$2.9M,Sundial plaza$850K, $2.0 Library remodel,CDOT-Required parking$102K in
LH,LH Pkg mtc$365K,LH Welcome Center$1.1 M,Guest Svcs$710K;Energy enhancements
$953K;
Transfer from General Fund
1,845,800
1,845,800
-
-
-
-
Transfer from GF for implementation of energy audit enhancements
Transfer from RETT
32,964
32,964
1 -
Transfer from RETT for implementation of energy audit enhancements
Revenue Over(Under)Expenditures
(8,375,488)
1,103,892
9,479,380
(817,014)
(5,976,595)
(6,793,609)
Beginning Fund Balance
17,364,318
17,364,318
8,988,830
9,479,380
18,468,210
Ending Fund Balance
8,988,830
18,468,210
8,171,816
11,674,601
*Promissory note due from Childrens'Garden of
Leaning included in ending fund balance-not
spendable
10,000
5,000
5,000
4/3/2012
-9-
4- 1-9
TOWN OF VAIL 2012 BUDGET
SUMMARY OF REVENUE,EXPENDITURES AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX FUND
2012
2012
Amended
2011
Variance
Original
1st
Proposed
2011
Actual
Fav/(Unfav)
Budget
Supplemental
Amended
Comments
Real Estate Transfer Tax
$ 4,270,000
$ 4,403,706
$ 133,706
$ 3,835,000
$
$ 3,835,000
2012"base"sales 20%less than 2010
Golf Course Lease
124,400
126,768
2,368
126,888
126,888
Annual lease payment from Vail Recreation District 2%annual increase-deposited to"Recreation
Enhancement Account"(accompanying expenditure listed below)
Intergovenmental Revenue
181,000
184,029
3,029
20,000
20,000
2011:$161,000 GOCO Grant for Red Sandstone playground(matching expense below);$20K
Lottery fund proceeds
Project Reimbursements
442,950
406,329
(36,621)
15,000
1,150,000
1,165,000
2011$400K Insurance reimb for Aspen Ct Bridge and Seibert fountain railing damage($2,950);
2012 VRD portion for Golf Course Clubhouse construction
Recreation Amenity Fees
10,000
9,740
(260)
10,000
-
10,000
Earnings on Investments and Other
17,917
149,488
131,571
68,000
-
68,000
Total Revenue
5,046,267
5,280,060
233,793
4,074,888
1,150,000
5,224,888
Maintain Town Assets
Annual Park and Landscape Maintenance
1,304,176
1,229,538
74,638
1,350,140
-
1,350,140
Ongoing path,park and open space maintenance,project mgmt
Management Fee to General Fund(5%)
213,500
220,185
(6,685)
191,750
191,750
5%of RETT Collections-fee remitted to the General Fund for administration
Rec.Path Capital Maint
141,177
68,675
72,502
93,395
-
93,395
Capital maintenance of the town's recreation path system;2012 includes$50K to replace deer
screen at Dowd Junction and$15K for pedestrian bridge inspections
Tree Maintenance
85,000
50,111
34,889
65,000
25,000
90,000
Re-appropriate for Aspen tree scale;Regular maintenance for tree health within the town
(spraying,removing,new trees);scale spraying on town-owned property at approx.$120 per tree;
Initiating tree-planting program for lost trees
Forest Health Management
145,000
92,067
52,933
195,000
-
195,000
Pine beetle mitigation in conjunction w/forest service(Crew of 6 during spring/summer months)
Street Furniture Replacement
22,500
1,106
21,394
25,000
25,000
Annual replacement or capital repairs,includes bike racks
Park/Playground Capital Maintenance
114,841
118,920
(4,079)
85,000
85,000
2012 includes paving paths to Stephens Park($22K),ADA compliance for play structure at
Stephens Park,Re-landscape main entry(east)at Donovan Park($20K)and resurface Donovan
basketball court($1 OK)
Alpine Garden Support
65,620
65,620
85,620
85,620
Council approved one-time capital of$20K for water feature in 2012 and$65K of operating
Black Gore Creek Sand Mitigation
75,600
75,600
-
50,000
50,000
2012$50K Council contributions
Public Art-Operating
90,390
81,022
9,368
92,657
92,657
AIPP salary and operating expenses
Environmental Sustainability
309,350
226,896
82,454
250,000
-
250,000
Environmental Sustainability programs
Total Maintenance
2,567,154
2,229,740
337,414
2,483,562
25,000
2,508,562
Enhancement of Town Assets
Flood Incident Repairs
400,000
382,237
17,763
1,050,000
1,050,000
2011:Replacement of Aspen Court Bridge(reimbursed by insurance);2012:repairs to culverts,
drainage,and preventative improvements
Stephen's Park Stream Repairs
2,759
-
2,759
-
-
Streambank stabilization sign(requirement of the grant)
Trailhead Development/Improvement
24,000
-
24,000
50,000
50,000
Improve trailheads;Continued need through 2012(one trail per year)
ADA Compliance w/VRD
10,000
8,263
1,737
10,000
10,000
Shared costs with VRD-ADA access at recreational facilities;new ADA regulations went into effect
2011;Need to replace drinking fountains at all parks($2K each)
Frontage Road Bike Lanes/Trails
2,364,658
1,663,643
701,015
1,150,000
1,150,000
4 miles of bike lanes(6 foot shoulders)to be added prior to CDOT overlay project;first priority is
Blue Cow Chute to East Vail; path from Vail Mtn School to E.Vail exit
Ford Park Master Plan
2,332,924
1 76,739
2,256,185
-
-
Transfer re-appropriation to Ford Park project below
Ford Park Improvements
200,000
-
200,000
Transfer re-appropriation to Ford Park project below
Raw Water/Irrigation Control
379,657
379,657
-
Water supply infrastructure;ERWSD working on bringing system up to consistent operation
Kayak Take-out
10,000
-
10,000
Developer contribution to be used for whitewater improvements-will track internally rather than
carry on budget worksheets
Stream Tract Encroachment Survey
14,081
14,081
Survey along Gore Creek
Streambank/tract mitigation
-
-
200,000
200,000
2012 planning;2013 implementation**estimate only**
Red Sandstone Park-Per Safety plan
464,000
266,370
197,630
-
197,630
197,630
Reconstruction of playground per safety plan;20 years old
Red Sandstone Playground GOCO Grant
161,000
154,826
6,174
-
-
Pass through GOCO grant proceeds to school district for Red Sandstone playground
Booth Creek Playground
15,000
15,000
Previously in 2012;deferred to 2013
Booth Creek Park redevelopment
50,000
50,000
Previous) in 2012;deferred to 2016
4/3/2012
10-
4- 1- 10
TOWN OF VAIL 2012 BUDGET
SUMMARY OF REVENUE,EXPENDITURES AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX FUND
2012
2012
Amended
2011
Variance
Original
1st
Proposed
2011
Actual
Fav/(Unfav)
Budget
Supplemental
Amended
Comments
Public Art-General program/art
287,016
47,463
239,553
80,000
255,878
335,878
To purchase sculptures,artwork,art programs and events;remainder is re-appropriated each year
to accumulate enough funds;Supplement budget for annual donations,manhole cover&
jewelery sales,and poster sales contributed during 2011
Public Art-Morales relocation
215,692
210,723
4,969
-
-
-
Relocation project-completed
Public Art-Winterfest
51,600
23,206
28,394
33,494
33,494
Recognize donations made for Winterfest event($5,100 in 2011);Re-appropriate donation balance;
(approximate cost of event is$25K per year)
Guest Service Enhancements
100,000
-
100,000
_
-
Planning and design only;implementation currently unfunded;Will present plan to Council for
approval
Landscape Medians
40,000
21,758
18,242
Frontage road medians alongside redevelopment projects;Re-appropriate to modify landscaping in
front of the Sebastian to reduce water usage and ongoing maintenance
Open Space Land Acquisition
290,000
281,720
8,280
2011:Purchase of land above Timber Ridge development
Total Enhancements
7,412,387
3,516,605
3,895,782
2,540,000
487,002
3,027,002
VRD-Managed Facility Projects
Recreation Enhancement Account
377,900
-
377,900
126,888
(126,888)
-
Transfer balance to Golf Course Clubhouse redevelopment as intended by this reserve account
-funded by annual lease revenue
Golf Course Clubhouse
1,265,966
5,922
1,260,044
-
-
-
Transferred balance to new clubhouse construction funding(see New Assets below)
Golf Course-Other Improvements
400,623
267,456
133,167
18,468
133,167
151,635
Re-appropriate for replacement of maintenance storage building;Improvements to golf course:
7th tee box retaining wall,11th and 17th hole bridges;improvements to maintenance building
including stucco,wood trim and soffits;Mtce Storage building
Dobson Ice Arena
359,316
16,037
343,279
73,495
343,279
416,774
Re-appropriate for upgrade of louver system,replacement of doors,refurbishment of wood
exterior and landscape improvements;'2012:renovate changing rooms and restrooms
Ford Park/Tennis Center Improvements
433,753
91,198
342,555
428,910
-
428,910
Re-appropriate 2011 unspent and transfer to Ford Park Fields project for upper bench
improvements;2012 outbuilding improvements at ball fields
Youth Services
25,000
25,000
-
-
2011:transition expenses(FF&E,interior finishes,etc)with new Welcome Center project
Gymnastics Center
25,000
2,098
22,902
1,978
1,978
Waiting on energy audit prior to installing cooling system
Nature Center
5,529
-
5,529
10,646
-
10,646
2012 wood open rail fencing
Total VRD-Managed Facility Projects
2,893,087
407,711
2,485,376
660,385
349,558
1,009,943
New Assets
Golf Course Clubhouse(CCF)
340,000
2,071
337,929
6,712,761
6,712,761
Re-appropriation of prior estimate for design and architecture;plus transfer of$1.26M from
prior clubhouse capital maintenance budget;$1.15M reimbursement from VRD,allocation of
Recreation Enhancement Funds$504K and Conference Center funds of$3.8M(Total project
cost estimated at$6.8M)
Ford Park Fields(CCF)
175,000
1,400
173,600
6,297,340
6,297,340
Added transfer of$342.61K from Ford Park/Tennis,transfer of$200K from Ford Park
Improvements budget and a transfer of$2,256,185 from Ford Park Management Plan budget.
Consolidating dollars already in previous budgets and adding use of $3.5M in Conference
Center Funds for total project estimated cost of$6.3M
Public Restrooms
370,000
-
370,000
370,000
370,000
Restrooms at lower bench of Ford Park
Total New Assets:
885,000
3,471
881,529
13,380,101
13,380,101
Total Expenditures
13,757,628
6,157,527
7,600,101
5,683,947
14,241,661
19,925,608
Other Financing Sources(Uses)
Transfer to Capital Project Fund
(32,964)
(32,964)
-
-
-
-
Transfer to CPF for implementation of energy audit enhancements
Transfer from Conference Center Fund
515,000
515,000
-
6,785,000
6,785,000
Transfer from Conf Center Funds for Golf Clubhouse($3.8M)and Ford Park Field projects($3.5M),
net of$515K transferred in 2011 for planning/design
Revenue Over(Under)Expenditures
(8,229,325)
(395,431)
7,833,894
(1,609,059)
(6,306,661)
(7,915,720)
Beginning Fund Balance
17,681,155
17,681,155
9,451,831
7,833,894
17,285,725
Ending Fund Balance
$ 9,451,830
$ 17,285,724
$ 7,842,772
$ 9,370,005
4/3/2012
-11-
4- 1- 11
TOWN OF VAIL 2012 BUDGET
SUMMARY OF REVENUE,EXPENDITURES AND CHANGES IN FUND BALANCE
CONFERENCE CENTER FUND
2012
2012
2011
2011
Variance
Original
1st
Proposed
Amended
Actual
Fav/(Unfav)
Budget
Supplemental
Amended
Comments
Revenue
Earnings on Investments
46,800
65,787
18,987
46,800
46,800
Total Revenue
46,800
65,787
18,987
46,800
-
46,800
Expenditures-General Government
Capital Outlay
100,000
-
100,000
-
2,100,000
2,100,000
Full contribution toward For Amphitheater project
(total estimated cost of$5.OM)$2.5M to be raised by
Vail Valley Foundation
Total Expenditures
100,000
-
100,000
2,100,000
2,100,000
Other Financing Sources(Uses)
Transfer to Capital Projects Fund
515,000
515,000
-
-
6,785,000
6,785,000
Transfer to Capital Project Fund for Golf Clubhouse
($3.8M)and Ford Park Field projects($3.5M),net of
$515K transferred in 2011 for planning/design
Revenue Over(Under)Expenditures
(568,200)
(449,213)
118,987
46,800
(8,885,000)
(8,838,200)
Beginning Fund Balance
9,365,004
9,365,004
8,796,804
118,987
8,915,791
Adjust to actual
Ending Fund Balance
$ 8,796,804
$ 8,915,791
$ 8,843,604
$ 77,591
4/3/2012
12-
4- 1- 12
4/3/2012
13-
4- 1- 13
TOWN OF VAIL 2012 BUDGET
SUMMARY OF REVENUE, EXPENDITURES,AND CHANGES IN FUND BALANCE
DISPATCH SERVICES FUND
2012
2012
2011
2011
Variance
Original
1st
Proposed
Amended
Actual
Fav/(Unfav)
Budget
Supplemental
Amended
Comments
Revenue
E911 Board Revenue
$ 743,656
$ 743,656
$
$ 742,256
$
$ 742,256
Interagency Charges
1,214,925
1,214,926
1
1,177,061
1,177,061
Town of Vail Interagency Charge
537,827
537,827
575,706
575,706
Earnings on Investments
7,500
9,891
2,391
7,500
7,500
Other
-
4,475
4,475
-
-
Total Revenue
2,503,908
2,510,775
6,867
2,502,523
2,502,523
Expenditures
Salaries&Benefits
1,849,958
1,705,469
144,489
1,881,204
1,881,204
Operating,Maintenance&Contracts
519,006
435,038
83,968
514,001
514,001
Capital Outlay
870,000
736,841
133,159
50,000
133,159
183,159
Continuation of voice-logger/radio system plus
initial expenses toward phone system project
Total Expenditures
3,238,964
2,877,348
361,616
2,445,205
133,159
2,578,364
Revenue Over(Under)Expenditures
(735,056)
(366,573)
368,483
57,318
(133,159)
(75,841)
Beginning Fund Balance
1,532,566
1,532,566
797,510
368,483
1,165,993
Ending Fund Balance
$ 797,510
$ 1,165,992
$ 854,828
$ 1,090,152
4/3/2012
13-
4- 1- 13
4/3/2012
-14-
4- 1- 14
TOWN OF VAIL 2012 BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
HEAVY EQUIPMENT FUND
2012
2011
2011
Variance
2012
1st
Proposed
Amended
Actual
Fav/(Unfav)
Budget
Supplemental
Amended
Comments
Revenue
Town of Vail Interagency Charge
$ 2,824,081
$ 2,814,399
$ (9,682)
$ 2,892,362
$
$ 2,892,362
Chargeback to departments
Insurance Reimbursements&Other
43,240
71,400
28,160
-
Earnings on Investments
10,324
14,165
3,841
10,324
10,324
Equipment Sales and Trade-ins
203,550
106,494
97,056
65,500
65,500
Total Revenue
3,081,195
3,006,458
74,737
2,968,186
2,968,186
Expenditures
Salaries&Benefits
960,739
955,023
5,716
996,016
996,016
Operating, Maintenance&Contracts
1,355,190
1,423,681
(68,491)
1,412,095
1,412,095
Capital Outlay
1,148,288
609,946
538,342
389,144
330,000
719,144
Two vehicles(Loader and xx)contracted for in 2011,took
delivery in 2012
Total Expenditures
3,464,217
2,988,650
475,567
2,797,255
330,000
3,127,255
Revenue Over(Under)Expenditures
(383,022)
17,808
400,830
170,931
(330,000)
(159,069)
Beginning Fund Balance
2,252,405
2,252,405
1,869,383
400,830
2,270,213
Ending Fund Balance
$ 1,869,383
$ 2,270,213
$ 2,040,314
$ 2,111,144
4/3/2012
-14-
4- 1- 14
ORDINANCE NO. 3
SERIES OF 2012
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, CONFERENCE
CENTER FUND, DISPATCH SERVICES FUND, AND HEAVY EQUIPMENT FUND OF THE
2012 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID
ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2012 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
21, Series of 2011, adopting the 2012 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2012 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ 173,950
Capital Projects Fund 9,537,904
Real Estate Transfer Tax Fund 14,241,661
Conference Center Fund 8,885,000
Dispatch Services Fund 133,159
Heavy Equipment Fund 330,000
Total $33,301,674
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
Ordinance No.3,Series of 2012
4/3/2012
4- 1 - 15
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.
3. 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.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 3rd day of April, 2012, and a public hearing shall be held on this Ordinance on
the 17th day of April, 2012, at the regular meeting of the Town Council of the Town of Vail,
Colorado, in the Municipal Building of the town.
Andrew P. Daly, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No.3,Series of 2012
4/3/2012
4- 1 - 16
K�
TOWN OF VA105
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: April 3, 2012
ITEM/TOPIC: ACE —Athletics, Culture and Events Independent Funding Initiative
PRESENTER(S): Mia Vlaar
ACTION REQUESTED OF COUNCIL: ACE requests the Town Council appropriate up to
$15,000 to fund a voter poll to gauge support for the independent funding initiative. Results will
be presented to Town Council upon completion at the next available meeting for further input
and direction.
BACKGROUND: One year ago a group was formed at the direction of the sitting Town
Council to explore the creation of an independent funding mechanism for events and programs
in Vail. Currently the Town Council allocates approximately $2.1 million out of the general
fund to support athletic, cultural and other special events in the town on a year round basis.
Creating a larger fund is the goal, because this will allow the Town to sustain existing events
and attract and secure new events which drive destination guests and thereby lodging and
sales tax revenue.
STAFF RECOMMENDATION: ACE requests the Town Council appropriate $15,000 to fund a
voter poll to gauge support for the independent funding initiative. Results will be presented to
Town Council upon completion at the next available meeting for further input and direction.
ATTACHMENTS:
ACE Memorandum
4'3 201
ACE
--------------------------------- 0 ------------------------------------------------------------------------------------------
ATHLETICS , CULTURE AND EVENTS
EXPANDED , PERMANENT
FUNDING MECHANISM
4/3/2012
5- 1- 1
ACE FUNDING MECHANISM
VAIL'S STRATEGIC PLAN
Vision
To be the Premier International Mountain Resort Community!
Our Mission
Grow a vibrant, diverse economy and community, providing our citizens and guests
with exceptional services and an abundance of recreational, cultural and educational
opportunities.
Our Values
Respect, Trust, Integrity, Innovation, Collaboration, Environmental Stewardship.
Our Commitment
To provide vision, leadership, efficiency, transparency, accountability and fiscal
responsibility.
4/3/2012
5- 1-2
ACE FUNDING MECHANISM
VAIL'S KEY GOALS
Improve Economic Vitality
Grow a Balanced Community
mprove the Quality of the Experience
Develop Future Leadership
4/3/2012
5- 1-3
ACE FUNDING MECHANISM
OURMISSION
To create, sustain and ensure
a permanent funding source
for qualified athletic and cultural events and programs
that
build and enhance
the Vail
community
and
generate economic
growth
and
vitality.
Town Council approves appropriation of funds.
4/3/2012
5- 1-4
ACE FUNDING MECHANISM
GOVERNANCE
ACE fund will be administered by an Advisory Council
under the oversight of the Town Council.
Awards will be determined by a competitive grant
process with funding amounts to individual programs
and events determined bv ACE Advisory Council
ccording to the defined criteria and tiered structure.
All funding will be approved by the Town Council.
4/3/2012
5- 1-5
ACE FUNDING MECHANISM
FUNDING CRITERIA
Drive Room Nights
Create Revenue for Restaurants and Retail
Positive Brand Compatibility
Growth Potential
Appropriate Timing
Visitor Intent to Return
Improve Sense of Community
4/3/2012
5- 1-6
ACE FUNDING MECHANISM
TIER I - NON PROFIT
50%
Tier I events and programs have been built by solid
organizations over a longer period of time
and enjoy regional and national
recognition for excellence.
Tier I events and programs' customer base includes a
significant portion of destination guests.
4/3/2012
5- 1-7
ACE FUNDING MECHANISM
TIER I Examples
50%
Bravo! Vail Valley Music Festival
Teva Summer Games
Vail International Dance Festival
4/3/2012
5- 1-8
ACE FUNDING MECHANISM
TIER II - PROVEN
30%
Tier II programs are proven over time,
° the best in athletics, culture, and events,
positively reflect the Vail Brand
and adhere to ACE funding criteria.
4/3/2012
5- 1-9
ACE FUNDING MECHANISM
TIER II - Examples
30%
Vail America Days
Vail Lacrosse Shootout
Vail Film Festival
4/3/2012
5- 1- 10
ACE FUNDING MECHANISM
TIER III - OPPORTUNITY
15%
Tier III recipients include programs and events
whose activities align with the ACE mission.
This Tier offers the greatest opportunity for new
or one-time events, such as US Pro Cycling Tour
or the Winter Olympics.
4/3/2012
5- 1- 11
ACE FUNDING MECHANISM
TIER III - Examples
15%
'l Symposium - Living at your Peak
Gran Fondo World: Vail
Vail Kids Adventure Race
J-3 Junior Olympics
4/3/2012
5- 1- 12
ACE FUNDING MECHANISM
TOWN OF VAIL SUPPORT
5%
Five percent of the annual fund will be available to
offset Town of Vail expenses associated with the
growth in events and programs.
4/3/2012
5- 1- 13
ACE FUNDING MECHANISM
TOWN OF VAIL BENEFITS
Economic Development
Support and sustain Vail's iconic programs & events
Energize Vail and generate sales and lodging revenue
:unding safety net for established events and programs
Free up $2.i million for Town Council priorities.
4/3/2012
5- 1- 14
ACE FUNDING MECHANISM
REQUEST
I ACE respectfully requests $ 15,000 allocation
to do a Town voter poll
to better understand the electorate's position
on the ACE opportunity.
TOV staff will direct poll.
Funds will be drawn on the allocation as needed
4/3/2012
5- 1- 15
K�
TOWN OF VA105
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: April 3, 2012
ITEM/TOPIC: Ford Park Summer Parking Rates Summer 2012
PRESENTER(S): Pam Brandmeyer
ACTION REQUESTED OF COUNCIL: Approve the parking rate increase from $5 to $10 per
event day.
BACKGROUND: Staff has met with all Ford Park "user groups" to discuss raising the in-close
parking fees to a level that at a minimum will cover the disparity between revenues and
expenditures. $5 in-close parking was implemented soon after the passage of the Ford Park
Management Plan in April 1997, but only after the South Frontage Road path was extended
from the park to the Village Parking Structure. At that time, Council felt comfortable that park
users had sufficient choices available to them as to how to access the park. Almost 50 paid
and managed parking days have been identified for the upcoming summer. With the success
of the express shuttle from the LionsHead Parking Structure to Ford Park over these days +
approximately 25 more (covering Sunday Farmer's Markets and other assorted special
events), it is now felt that in-close parking should pay for itself (and should close a $20,000
gap). An increase of$5 to $10 per event would cover this expense. User groups have been
offered a discounted rate to satisfy their direct user's needs.
STAFF RECOMMENDATION: Approve the parking rate increase from $5 to $10 per event
day.
4 2012
K�
TOWN OF VA105
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: April 3, 2012
ITEM/TOPIC: East Meadow Drive Reconstruction
PRESENTER(S): Tom Kassmel
ACTION REQUESTED OF COUNCIL: Reallocate funds from the 2013 budget to the 2012
budget in order to expedite the replacement of the heated streetscape wihtin East Meadow
Drive.
BACKGROUND: East Meadow Drive, from the Solaris bus neckdown to the Vail Road bus
neckdown, reconstruction was completed in the spring of 2005 and then modified in
2008. Since that time there have been a numerous snowmelt leaks within the snowmelt
tubing.
Staff believes that the condition of the sand and snowmelt has reached a point where it is
necessary to replace the pavement section. Staff recommends replacing the existing
pavement section (pavers, sand, snowmelt and asphalt) with a new section consisting of
asphalt set pavers on top of snowmelt embedded in concrete. This particular new concrete
section has been used successfully at the bus neckdowns; at the Austria Haus, Solaris, and
Vail Road. The 2013 budget is carrying $500,000 for the replacement of this heated paver
section. Staff suggests moving these funds from 2013 to 2012 and completing the repairs this
spring.
STAFF RECOMMENDATION: Staff recommends supplementing the 2012 budget in the
amount of$500,000, and removing the same amount from the 2013 budget; and to direct the
Town Manager to enter into a contract, in a form approved by the Town Attorney, with B&B
Excavating in the amount of$319,008.56 in order to complete the work this spring.
ATTACHMENTS:
Memo
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0
TOWN OF VAIL )
Memorandum
To: Town Council
From: Public Works
Date: April 4, 2012
Subject: East Meadow Drive
I. BACKGROUND & PROBLEM
East Meadow Drive, from the Solaris bus neckdown to the Vail Road bus neckdown,
reconstruction was completed in the spring of 2005 and then modified in 2008. Since
that time there have been a numerous snowmelt leaks within the snowmelt tubing. This
past winter the number of leaks significantly increased to four in this one area at a repair
cost of -$20,000.
The cause of the damage is poor drainage and the weight and frequency of the In-Town
buses. The pressure applied to the pavers from the buses is forcing the paver bedding
sand to "pump" out from beneath the pavers exposing the snowmelt tubing to the
underside of the pavers. This "pumping" action causes point loads and friction on the
snowmelt tubing, causing the tubing to fail. Pumping occurs when the sand is saturated
(semi-liquefied) and a heavy vehicle applies pressure against the pavers, thus
squeezing the saturated sand out from beneath the pavers thru the paver joints.
This particular stretch of East Meadow Drive is very flat, and it is essentially impossible
to get adequate drainage to drain the sand layer to allow the paver sand section to
function properly. In an effort to minimize the amount of water that enters the sand
layer, the Town placed polymer sand in the joints of the pavers this past fall. The
purpose was to aid in moisture migration between pavers. Unfortunately this did not
solve the problem.
II. SUGGESTED ACTION
Staff believes that the condition of the sand and snowmelt has reached a point where it
is necessary to replace the pavement section. Staff recommends replacing the existing
pavement section (pavers, sand, snowmelt and asphalt) with a new section consisting
of asphalt set pavers on top of snowmelt embedded in concrete. This particular new
concrete section has been used successfully at the bus neckdowns; at the Austria
Haus, Solaris, and Vail Road. This pavement section eliminates the sand layer, the
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pumping action, and embeds the snowmelt in concrete, while still providing a paver
treatment surface.
The 2013 budget is carrying $500,000 for the replacement of this heated paver section.
Staff suggests moving these funds from 2013 to 2012 and completing the repairs this
spring. In order to keep this spring's construction window open for the work, Staff bid
the work and received three bids;
B&B Excavating $3197008.56
Icon, Inc. $3297058.43
Schofield Excavating $3467815.00
At this point the work can still be completed this spring from April 16th thru May 29tH
This will allow the construction to be completed prior to TEVA games and the start of
the Summer Events, minimizing the impact to the community.
If the project is held off until 2013 we will likely continue to see failures thru the summer
and winter seasons. The summer failures will require additional costly repairs prior to
starting up the snowmelt system in the fall, and additional winter season failures may
ultimately lead to shutting this snowmelt system down and plowing this stretch of road.
Completing the work within an early spring construction season will have the least
impact to the community as compared to completing the work during the summer or
fall.
Other areas of East Meadow Drive which were constructed using the existing pavement
section and see the same amount of bus traffic have performed well since 2007. We
believe this is due to the presence of good drainage. We have no reason to believe that
other sections will have this same issue at this time.
III. Staff Recommendations
Staff recommends supplementing the 2012 budget in the amount of $500,000, and
removing the same amount from the 2013 budget; and to direct the Town Manager to
enter into a contract, in a form approved by the Town Attorney, with B&B Excavating in
the amount of $319,008.56 in order to complete the work this spring.
Town of Vail Page 2
4/3/2012
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K�
TOWN OF VA105
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: April 3, 2012
ITEM/TOPIC: Ordinance No. 2, Series of 2012, an ordinance amending Chapter 12-6,
Residential Districts, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to establish a new zone district, Vail Village Townhouse (VVT) District, and setting forth
details in regard thereto; and Resolution No. 7, Series of 2012, amending Chapter VII, Vail
Village Sub-Areas, East Gore Creek Sub-Area (#6), Vail Village Master Plan, pursuant to
Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include
recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth
details in regard thereto. (PEC110040, PEC110041)
PRESENTER(S): Bill Gibson, Community Development Department
ACTION REQUESTED OF COUNCIL: The applicant requests that the Vail Town Council
approves Ordinance No. 2, Series of 2012, on first reading.
The applicant request that the Vail Town Council tables Resolution No. 7, Series of 2012, to its
April 17, 2012, public hearing to correspond to the second reading of the associated
Ordinance No. 2, Series of 2012.
BACKGROUND: On November 14, 2011, the Planning and Environmental Commission
forwarded a recommendation of approval, with modifications, to the Vail Town Council for the
proposed Ordinance No. 2, Series of 2012, and , Resolution No. 7, Series of 2012, by a vote
of 4-1-1 (Rediker opposed and Pratt recused).
The purpose of the proposed ordinance is to establish a new zone district, the Vail Village
Townhouse (VVT) District; and the purpose of the proposed resolution is to establish related
design guidelines as part of the Vail Village Master Plan.
The purpose for establishing a new zone district and related design guidelines are as follows:
- Streamlining the development review process by establishing a new zone district to
specifically address townhouse properties which reduces legal non-conformities and the need
for future variances.
- Create incentives for redevelopment of existing townhouse properties.
- Preserve the existing residential character of the townhouse properties and the
neighborhood.
STAFF RECOMMENDATION: The Planning and Environmental Commission recommends
the Vail Town Council approves the first reading of Ordinance No. 2, Series of 2012. The
Community Development Department recommends that the Council tables Resolution No. 7,
Series of 2012, to its April 17, 2012, public hearing to correspond to the second reading of the
associated ordinance.
4 ; _'01
ATTACHMENTS:
Town Council memorandum
Attachment A. map
Attachment B. Ordinance No. 2, Series of 2012
Attachment C. Resolution No. 7, Series of 2012
Attachment D. Mauriello Planning Group
Attachment E. GRFA Spreadsheets
Attachment F. PEC memo
Attachment G. PEC results
4/3/2012
TOWN OF VAIL '
Memorandum
TO: Vail Town Council
FROM: Community Development Department
DATE: April 3, 2012
SUBJECT: Ordinance No. 2, Series of 2012, an ordinance amending Chapter 12-6,
Residential Districts, Vail Town Code, pursuant to Section 12-3-7, Amendment,
Vail Town Code, to establish a new zone district, Vail Village Townhouse (WT)
District, and setting forth details in regard thereto; and Resolution No. 7, Series of
2012, amending Chapter VII, Vail Village Sub-Areas, East Gore Creek Sub-Area
(#6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and
Amendment, Vail Village Master Plan, to include recommendations related to a
new Vail Village Townhouse (VVT) District, and setting forth details in regard
thereto. (PEC110040, PEC110041)
Applicant: Town of Vail
Planner: Bill Gibson
I. SUMMARY
Ordinance No. 2, Series of 2012, establishes a new zone district, the Vail Village
Townhouse District. Resolution No. 7, Series of 2012, amends the Vail Village Master
Plan related to the new zone district and includes new design guidelines specifically
tailored for the townhouse properties in the proposed zone district. The proposed
Ordinance No. 2, Series of 2012, (Attachment B) and Resolution No. 7, Series of 2012,
(Attachment C) have been attached for review.
The proposed new zone district and associated master plan amendments are
anticipated to be applied to the existing townhouse properties located within Vail Village.
A vicinity map identifying the location of these properties has been attached for
reference (Attachment A).
II. DESCRIPTION OF THE REQUEST
WHY CREATE A VAIL VILLAGE TOWNHOUSE ZONE DISTRICT?
• The existing townhouse properties in Vail Village are currently zoned High
Density Multiple Family District (HDMF). The HDMF zone district was not
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8- 1 - I
designed to address townhouse properties. The existing townhouses are legally
non-conforming in regard to current zoning standards (setbacks, density,
landscape area, parking, etc.)
• Two types of plats: some units are part of a larger development site (Vail
Townhouse Condominiums Lots 1-6, Vail Trails, Vail Trails East) while others
units were platted as individual development sites (Vail Rowhouses Lots 7-13,
Texas Townhomes).
• Redevelopment is only possible with variances. Previous variances have
created inconsistency, inequity, and extended the length and complexity of the
development review process.
• Demo/Rebuild construction results in a loss of development rights.
• Creating a new zone district can streamline the development review process.
WHAT ARE THE PURPOSES OF THE NEW ZONE DISTRICT?
• Streamlining the development review process by establishing a new zone district
to specifically address townhouse properties which reduces legal non-
conformities and the need for future variances.
• Create incentives for redevelopment of existing townhouse properties.
• Preserve the existing residential character of the townhouse properties and the
neighborhood.
HOW WILL DEVELOPMENT STANDARDS CHANGE FROM HDMF TO VVTD?
Development HDM F VVTD
Standard
Permitted Uses Lodges Multiple-Family Dwellings
Multiple-Family Dwellings Employee Housing Units
Employee Housing Units
Lot Area 10,000 sf buildable lot area 10,000 sf total lot area
30 ft min street frontage 2,000 sf individually platted lots
80 ft x 80 ft square 20 ft min street frontage
Setbacks Front 20 ft Front 20 ft
Sides 20 ft Sides 20 ft
Rear 20 ft Rear 20 ft
between attached units 0 ft
Building Height Flat roof 45 ft Flat roof 40 ft
Sloping roof 48 ft Sloping roof 43 ft
Town of Vail Page 2
4/3/2012
8- 1 -2
Density 25 units/acre greater of existing number and
25 units/acre
GRFA 0.76 ratio to buildable lot area 1.35 ratio to total lot area
(gross residential + "250 Additions" No "250 Additions"
floor area) + Interior Conversions No Interior Conversions
+ Individual garage deduction No individual garage deduction
Site Coverage 55% of total lot area 55% of total lot area
Landscape Area 30% of total lot area 20% of total lot area
Parking 75% of spaces enclosed Surface parking allowed
Not allowed in front setback Allowed in front setback
Allowed in street right-of-way
Design Guidelines n/a see Vail Village Master Plan
WHAT ARE THE PROPOSED TOWNHOUSE DESIGN GUIDELINES?
• DEVELOPMENT PATTERN: residential row style development
• ARCHITECTURAL THEME: architecturally integrated units, uniformity vs.
individuality
• BUILDING FORM & MASSING: two-story facade appearance, building step-
backs from street
• STREET EDGE: street enclosure, continuity, visual interest
• FACADE: reduce appearance of building height, residential character, no
unbroken wall planes, street level garage doors discouraged
• CANTILEVERS: more than 3 feet discouraged and stacking not allowed
• ROOF PITCH: primary roofs 3:12 to 4:12, secondary roofs 6:12 to 9:12, limit flat
roofs, discourage mansard roofs
• ROOF RIDGE: parallel to front facade, create visual interest, reduce appearance
of building height, articulation, add dormers
• FENCE/SITE WALL: discouraged except to screen trash and utilities
• LANDSCAPING: add privacy and soften front building facades
• DECK RAILS: reduce the appearance of building height, include transparency,
include material changes, step from walls
Town of Vail Page 3
4/3/2012
8- 1 -3
• PARKING: allow at-grade surface parking and below grade parking structures,
discourage individual garages and carports on the first floor (street level)
III. BACKGROUND
On November 14, 2011, the Planning and Environmental Commission forwarded a
recommendation of approval, with modifications, to the Vail Town Council for the
proposed Ordinance No. 2, Series of 2012, and , Resolution No. 7, Series of 2012, by a
vote of 4-1-1 (Rediker opposed and Pratt recused). The November 14, 2011, Staff
memorandum to the Planning and Environmental Commission Memorandum
(Attachment F) and meeting results (Attachment G) have been attached for reference.
On February 21, 2012, the Vail Town Council held a work session to discuss the
proposed ordinance and resolution establishing the Vail Village Townhouse District and
the associated Vail Village Master Plan amendments. At that hearing the Council asked
questions concerning the heights of nearby buildings, how the existing GRFA
development potential was calculated, and how changes to the GRFA ratios could affect
the massing of the subject townhouse buildings.
A power point presentation attached to the November 14, 2011, Planning and
Environmental Commission memorandum (Attachment F) identifies the eave heights of
the buildings adjacent to the subject townhouse properties. This power point
presentation also includes a summary of the current GRFA development potential for
the subject properties.
Also attached are the spread sheets used to calculate the current GRFA development
potential for the subject townhouse properties. These spread sheets include an
analysis of the theoretical maximum allowable GRFA based upon lot size and an
analysis of the maximum allowable GRFA based upon the existing built conditions
which accounts for existing legal non-conforming densities and identification of which
units did, and did not, construct "250 Additions" prior to 2004. (Attachment E)
Since the Vail Town Council's last work session, the Mauriello Planning Group has
submitted a handout for the Council's consideration (Attachment D). This handout
includes additional models showing the impacts of various GRFA ratios and presents
their client's proposed alternatives to the attached ordinance and resolution.
IV. ACTION REQUESTED OF THE COUNCIL
The applicant requests that the Vail Town Council approves Ordinance No. 2, Series of
2012, on first reading.
The applicant request that the Vail Town Council tables the final approval of Resolution
No. 7, Series of 2012, to its April 17, 2012, public hearing to correspond with the second
reading of the associated Ordinance No. 2, Series of 2012.
V. RECOMMENDATION
Town of Vail Page 4
4/3/2012
8- 1 -4
Ordinance No. 2, Series of 2012
On November 14, 2011, the Planning and Environmental Commission forwarded a
recommendation of approval, with modifications, to the Vail Town Council for the
proposed ordinance. Should the Vail Town Council choose to approve Ordinance No.
2, Series of 2012, on first reading; the Planning and Environmental Commission
recommends the Council pass the following motion:
"The Vail Town Council approves, on first reading, Ordinance No. 2, Series of
2012, an ordinance amending Chapter 12-6, Residential Districts, Vail Town
Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to establish a
new zone district, Vail Village Townhouse (VVT) District, and setting forth details
in regard thereto."
Should the Vail Town Council choose to approve this ordinance, the Planning and
Environmental Commission recommends the Vail Town Council makes the following
findings:
"Based upon the review of the criteria outlined in Section V of Staff's November
141 2011, memorandum to the Planning and Environmental Commission, and the
evidence and testimony presented, the Vail Town Council finds.
1. That the amendment is consistent with the applicable elements of the adopted
goals, objectives and policies outlined in the Vail comprehensive plan and is
compatible with the development objectives of the town, and
2. That the amendment furthers the general and specific purposes of the zoning
regulations, and
3. That the amendment promotes the health, safety, morals, and general welfare
of the town and promotes the coordinated and harmonious development of the
town in a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest
quality."
Resolution No. 7, Series of 2012
The Community Development Department recommends that the Vail Town Council
tables the final approval of Resolution No. 7, Series of 2012, to its April 17, 2012, to
correspond to the second reading of the associated Ordinance No. 2, Series of 2012.
Should the Vail Town Council choose to table this item, the Community Development
Department recommends the Council pass the following motion:
"The Vail Town Council tables Resolution No. 7, Series of 2012, a resolution
amending Chapter VII, Vail Village Sub-Areas, East Gore Creek Sub-Area (#6),
Vail Village Master Plan, pursuant to Chapter VIII, Implementation and
Town of Vail Page 5
4/3/2012
8- 1 -5
Amendment, Vail Village Master Plan, to include recommendations related to a
new Vail Village Townhouse (VVT) District, and setting forth details in regard
thereto, to its April 17, 2012, public hearing."
VI. ATTACHMENTS
A. Existing Vail Village Townhouse Properties Map
B. Ordinance No. 2, Series of 2012
C. Resolution No. 7, Series of 2012
D. Mauriello Planning Group letter dated April 4, 2012
E. GRFA Analysis Spread Sheets
F. Planning and Environmental Commission Memorandum November 14, 2011
G. Planning and Environmental Commission Meeting Results November 14, 2011
Town of Vail Page 6
4/3/2012
8- 1 -6
Existing Vail Village
Townhouse Properties
Subject
Properties
I f i It'-eel [wrere C,ow,,oe��inen�eaoo ��a�
5 150 300 8-2- 1 Last Mcdlfled:September 27,2010 IGANffYRf,
ORDINANCE NO. 2
Series of 2012
AN ORDINANCE AMENDING CHAPTER 12-6, RESIDENTIAL DISTRICTS,VAIL TOWN
CODE, TO ESTABLISH THE VAIL VILLAGE TOWNHOUSE (VVT) DISTRICT, AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures
for amending the Town's Zoning Regulations; and,
WHEREAS, the purpose of the amendments is to establish a new zone district to
regulate existing townhouse properties in Vail Village that were legally non-conforming in
regard to the provisions of the High Density Multiple-Family District; and,
WHEREAS, the purpose of the amendments is to establish incentives for the
redevelopment of existing townhouse properties in Vail Village; and,
WHEREAS, the purpose of the amendments is to preserve the existing characterof
the townhouse properties in Vail Village and to preserve the existing character of the
neighborhood; and,
WHEREAS, on November 14, 2011 , the Town of Vail Planning and Environmental
Commission held a public hearing on the application to amend the Town's Zoning
Regulations and establish the Vail Village Townhouse District, in accordance with the
provisions of the Vail Town Code; and,
WHEREAS, the Town of Vail Planning and Environmental Commission forwarded a
recommendation of approval, with modifications, for the proposed Zoning Regulation
amendments to the Vail Town Council; and,
WHEREAS, the Vail Town Council finds and determines that the amendment is
consistent with the applicable elements of the adopted goals, objectives and policies
outlined in the Vail Comprehensive Plan and is compatible with the development objectives
of the town; and,
WHEREAS, the Vail Town Council finds and determines that the amendment to the
Town Code furthers the general and specific purposes of the Zoning Regulations; and,
WHEREAS, the Vail Town Council finds and determines that the amendment
promotes the health, safety, morals, and general welfare of the town and 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:
Ordinance No.2,Series of 2012
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SECTION 1. Table of Contents, Title 12, Zoning Regulations, Vail Town Code, is
hereby amended in part as follows (text to be deleted is in strikeethre,irvh text that is
to be added is bold, and sections of text that are not amended have been omitted):
Vail Village Townhouse (VVT) District 6J
SECTION 2. Section 12-2-2, Definitions, Vail Town Code, is hereby amended in
part as follows (text to be deleted is in , text that is to be added is bold,
and sections of text that are not amended have been omitted):
TOWNHOUSE PROJECT: A building or group of associated buildings
consisting of multiple-family dwelling units designed as attached or
row dwellings that are treated as one entity for zoning purposes.
INDIVIDUALLY PLATTED TOWNHOUSE LOT: A portion of a townhouse
project that is subdivided and for zoning purposes is treated as a
separate entity from the remainder of the project.
SECTION 3. Section 12-4-1 , Designated, Vail Town Code, is hereby amended in
part as follows (text to be deleted is in text that is to be added is bold,
and sections of text that are not amended have been omitted):
The following zone districts are established:
Vail Village Townhouse (VVT) District
SECTION 4. Chapter 12-6, Residential Districts, Vail Town Code, is hereby
established as follows (text that is to be added is bold):
ARTICLE J. VAIL VILLAGE TOWNHOUSE (VVT) DISTRICT
12-6J-1: PURPOSE:
The Vail Village Townhouse District is intended to provide sites for, and
maintain the unique character of, existing townhouse properties in the
Vail Village Master Plan area of the Town of Vail. The Vail Village
Townhouse district is intended to ensure adequate light, air, open
space, and other amenities commensurate with townhomes, and to
maintain the desirable residential and resort qualities of the zone
district by establishing appropriate site development standards.
Certain nonresidential uses are permitted as conditional uses, which
relate to the nature of Vail as a winter and summer recreation and year-
round community and, where permitted, are intended to blend
harmoniously with the residential character of the zone district.
This zone district was established to regulate existing townhome
Ordinance No.2,Series of 2012
4/3/20122
8-3-2
properties that were legally nonconforming in the High Density Multiple
Family District. The Vail Village Townhouse District is meant to
encourage and provide incentives for redevelopment of existing
townhouse properties in accordance with the Vail Village Master Plan.
The incentives in this zone district include addressing both townhouse
projects and individually platted townhouse lots, reductions in lot area
standards, reductions in setbacks, increases in density, increases in
gross residential floor area (GRFA), reductions in landscaping area, and
changes in parking design requirements. More restrictive design
considerations have been applied to these properties in accordance
with the Vail Village Master Plan to maintain the unique character of
existing townhouse developments in Vail Village.
12-6J-2: PERMITTED USES:
The following uses shall be permitted in the VVT district:
Employee housing units, as further regulated by chapter 13 of
this title.
Multiple-family residential dwellings, including attached and row
dwellings and condominium dwellings.
12-6J-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the VVT district,
subject to issuance of a conditional use permit in accordance with the
provisions of chapter 16 of this title:
Bed and breakfasts, as further regulated by section 12-14-18 of
this title.
Home child daycare facilities, as further regulated by section 12-
14-12 of this title.
Public buildings, grounds and facilities.
Public utility and public service uses.
Timeshare units.
12-6J-4: ACCESSORY USES:
The following accessory uses shall be permitted in the VVT district:
Home occupations, subject to issuance of a home occupation
permit in accordance with the provisions of section 12-14-12 of
this title.
Ordinance No.2,Series of 2012
4/3/2012 3
8-3-3
Other uses customarily incidental and accessory to permitted or
conditional uses, and necessary for the operation thereof.
12-6J-5: LOT AREA AND SITE DIMENSIONS:
The minimum lot or site area for a townhouse project shall be ten
thousand (10,000) square feet of total site area. Each site shall have a
minimum frontage of twenty feet (20').
The minimum lot or site area for individually platted townhouse lots
shall be two thousand (2,000) square feet of total site area, each site
shall have a minimum frontage of twenty feet (20').
12-6J-6: SETBACKS:
The minimum setback shall be twenty feet (20') from the front and rear
property lines. The minimum setback shall be twenty feet(20')from the
side property lines, except the setback shall be zero feet (0') from the
side property lines between attached dwelling units.
12-6J-7: HEIGHT:
For a flat roof, the height of buildings shall not exceed forty feet (40').
For a sloping roof, the height of buildings shall not exceed forty three
feet (43').
12-6J-8: DENSITY CONTROL:
The existing number of legally established units on a development site
or twenty-five dwelling units per acre of total site area, whichever is
greater, shall be allowed. A dwelling unit may include one attached
accommodation unit no larger than one-third (1/3) of the total floor area
of the dwelling.
12-6J-9: GROSS RESIDENTIAL FLOOR AREA:
Not more than one hundred thirty five (135) square feet of gross
residential floor area (GRFA) shall be permitted for each one hundred
(100) square feet of total site area. Attached or row dwellings in this
zone district shall not be entitled to additional gross residential floor
area under section 12-15-5: Additional Gross Residential Floor Area
(250 Ordinance), or section 12-15-4: Interior Conversions of this title.
There shall be no exclusion to gross residential floor area granted for
enclosed garage space within individual dwelling units as referenced in
Chapter 15 Gross Residential Floor Area.
12-6J-10: SITE COVERAGE:
Site coverage shall not exceed fifty five (55%) of the total site area.
Ordinance No.2,Series of 2012
4/3/20124
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12-6J-11: LANDSCAPING AND SITE DEVELOPMENT:
At least twenty percent (20%) of the total site area shall be landscaped.
12-6J-12: PARKING AND LOADING:
Off street parking and loading shall be provided in accordance with
chapter 10 of this title. Required parking legally established within the
street right-of-way may be continued subject to a revocable right-of-way
permit issued by the Town of Vail.
12-6J-13: COMPLIANCE BURDEN:
It shall be the burden of the applicant to prove by a preponderance of
the evidence before the Design Review Board and/or Administrator that
the proposed new construction, addition, or minor exterior alteration is
in compliance with the applicable elements of the Vail Village Master
Plan, Vail Village Urban Design Guide Plan, and the Vail Village Design
Considerations.
SECTION 5. Section 12-10-17-13, Lease Qualifications, Vail Town Code, is hereby
amended in part as follows (text to be deleted is in strikeethrel irvh text that is to be
added is bold, and sections of text that are not amended have been omitted):
1 . Any owner, occupant or building manager who owns, occupies or
manages ten (10) or more private parking spaces located in commercial core
1 , commercial core 2, commercial core 3, high density multiple-family, Vail
Village Townhouse, public accommodations, Lionshead mixed use 1 ,
Lionshead mixed use 2, or special development zone districts and provides
sufficient parking for use by employees may apply to the administrator of the
town for a permit to lease parking spaces.
SECTION 6. Section 12-13-4, Requirements by Employee Housing Unit (EHU)
Type , Vail Town Code, is hereby amended in part as follows (text to be deleted is in
c+rilio+hr�i irvh text that is to be added is bold, and sections of text that are not
amended have been omitted):
Type Residential cluster The EHU The EHU n/a n/a Per A.Dwelling + The EHU is
III Low density multiple-family may be is chapter unit: 300 sq. excluded
Medium density multiple- sold or excluded 10 of ft.minimum from the
family transferred from the this title and 1,200 calculation
High density multiple-family separately. calculatio as a sq.ft. of density.
Vail Village Townhouse n of dwelling maximum.
Public accommodation GRFA. unit.
Commercial core 1
Commercial core 2 Dormitory
u
Commercial core 3 unit:
Commercial service center ft.minimum
um m
Arterial business for each
Heavy service person
Lionshead mixed use 1 occupying
Lionshead mixed use 2 the EHU.
Public accommodation 2
Ordinance No.2,Series of 2012
4/3/2012 5
8-3-5
Ski base/recreation
Ski base/recreation 2
Special development district
Parking district
General use
SECTION 7. Section 12-15-2, GRFA Requirements By Zone District, Vail Town
Code, is hereby amended in part as follows (text to be deleted is in
text that is to be added is bold, and sections of text that are not amended have
been omitted):
Zone Districts I GRFA Credits
(Added To Results Of
GRFA Ratio Application Of Percentage)
VVT 1.35 of total site area None
Vail Village Townhouse
SECTION 8. Section 12-15-3, Definition, Calculation, and Exclusions, Vail Town
Code, is hereby amended in part as follows (text to be deleted is in c+rikethrel irvh
text that is to be added is bold, and sections of text that are not amended have
been omitted):
B. Within The Residential Cluster(RC), Low Density Multiple-Family(LDMF),
Medium Density Multiple-Family (MDMF), High Density Multiple-Family
(HDMF), A-P4 Housing (H), and Vail Village Townhouse (VVT) Districts:
SECTION 9. Section 12-15-3, Definition, Calculation, and Exclusions, Vail Town
Code, is hereby amended in part as follows (text to be deleted is in
text that is to be added is bold, and sections of text that are not amended have
been omitted):
C. Within All Districts Except The Hillside Residential (HR), Single-Family
Residential (SFR), Two-Family Residential (R), Two-Family
Primary/Secondary (PS), Residential Cluster (RC), Low Density Multiple-
Family (LDMF), Medium Density Multiple-Family (MDMF), High Density
Multiple-Family (HDMF), A-R4 Housing (H), and Vail Village Townhouse
(VVT) Districts:
SECTION 10. Section 12-15-4, Interior Conversions, Vail Town Code, is
hereby amended in part as follows (text to be deleted is in strikeethrel irvh text that is
to be added is bold, and sections of text that are not amended have been omitted):
B. Applicability: Within all zone districts except the single-family residential
(SFR), two-family residential (R), a444 two-family primary/secondary
residential (PS), and Vail Village Townhouse (VVT) districts, dwelling
Ordinance No.2,Series of 2012
4/3/2012 6
8-3-6
units that meet or exceed allowable GRFA will be eligible to make interior
conversions provided the following criteria are satisfied:
1 . Any existing dwelling unit shall be eligible to add GRFA, via the "interior
space conversion" provision in excess of existing or allowable GRFA
including such units located in a special development district; provided,
that such GRFA complies with the standards outlined herein.
2. For the purpose of this section, "existing unit" shall mean any dwelling
unit that has been constructed prior to August 5, 1997, and has received a
certificate of occupancy, or has been issued a building permit prior to
August 5, 1997, or has received final design review board approval prior
to August 5, 1997.
SECTION 11 . Section 12-15-5, Additional Gross Residential Floor Area (250
Ordinance), Vail Town Code, is hereby amended in part as follows (text to be
deleted is in strilko+hre,irrh text that is to be added is bold, and sections of text that
are not amended have been omitted):
B. Applicability: The provisions of this section shall apply to dwelling units in
all zone districts except the single-family residential (SFR), two-family
residential (R), aP4 two-family primary/secondary residential (PS), and Vail
Village Townhouse (VVT) districts.
SECTION 12. Section 12-24-1 , Inclusionary Zoning, Vail Town Code, is
hereby amended in part as follows (text to be deleted is in , text that is
to be added is bold, and sections of text that are not amended have been omitted):
B. This chapter shall apply to all new residential development and
redevelopment located within the following zone districts, except as provided
in section 12-24-5 of this chapter:
2. Vail Village Townhouse (VVT)
SECTION 13. Section 14-8-1 Site Development Standards, Inclusionary
Zoning, Vail Town Code, is hereby amended in part as follows (text to be deleted is
in text that is to be added is bold, and sections of text that are not
amended have been omitted):
Ordinance No.2,Series of 2012
4/3/2012 7
8-3-7
Zone Districts
Existing
Type III
20'front May project May project 4'
55%
20% 110,000 sq.ft.for 20'
Max.
Village
number of
and Type
20'rear not more not more
comprehensive
roof chapter 10 of
Townhouse
legally
IV,Type IV-
Architectural
development site;
Min.Lot Size
established
IZ,Type
0' lesser of lesser of 5'
2,000 sq.ft.for
43' Existing
Projection
units or 25
VII-IZ
(Buildable Area In
individually platted
sloping parking in
Min.
Min. Deck
Min. Deck
Into Setback
townhouse lots
Min.
Sq. Ft.)
total site
Max.
EHU
Building
(Ground
(Not Ground
area.
Max.Site
Land-
Min.
continue
Density
Allowance
Setbacks
Level)
Level)
Coverage
scape
Frontag
revocable right-
Setback
Setback
Area
of-way permit.
Residential Districts
Min. Max.
Square Building Parking And
e Area Height Loading
Location
VVT Vail
Existing
Type III
20'front May project May project 4'
55%
20% 110,000 sq.ft.for 20'
n/a 40'flat See title 12,
Village
number of
and Type
20'rear not more not more
comprehensive
roof chapter 10 of
Townhouse
legally
IV,Type IV-
20'sides than the than the
development site;
this code.
established
IZ,Type
0' lesser of lesser of 5'
2,000 sq.ft.for
43' Existing
units or 25
VII-IZ
between 10'or 1/2 or 1/2 the
individually platted
sloping parking in
per acre of
attached the required
townhouse lots
roof street right-of-
total site
dwelling required setback
way may
area.
units setback
continue
subject a
revocable right-
of-way permit.
Ordinance No.2,Series of 2012
4/3/2012
8-3-8
SECTION 14. If any part, section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid, such decision shall not effect the
validity of the remaining portions of this ordinance; and the Vail Town Council
hereby declares it would have passed this ordinance, and each part, section,
subsection, sentence, clause or phrase thereof, regardless of the fact that any one
or more parts, sections, subsections, sentences, clauses or phrases be declared
invalid.
SECTION 15. The Vail Town Council hereby finds, determines and declares
that this ordinance is necessary and proper for the health, safety and welfare of the
Town of Vail and the inhabitants thereof. The Council's finding, determination and
declaration is based upon the review of the criteria prescribed by the Town Code of
Vail and the evidence and testimony presented in consideration of this ordinance.
SECTION 16. The amendment of any provision of the Town Code of Vail as
provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any
prosecution commenced, nor any other action or proceeding as commenced under
or by virtue of the provision amended. The amendment of any provision hereby
shall not revive any provision or any ordinance previously repealed or superseded
unless expressly stated herein.
SECTION 17. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance,
or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 21St day of February, 2012
and a public hearing for second reading of this Ordinance set for the 6th day of
March, 2012, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building,
Vail, Colorado.
Andrew P. Daly, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No.2,Series of 2012
4/3/2012 9
8-3-9
RESOLUTION NO. 7
Series of 2012
A RESOLUTION AMENDING CHAPTER VII, VAIL VILLAGE SUB-AREAS, EAST
GORE CREEK SUB-AREA (#6), VAIL VILLAGE MASTER PLAN TO INCLUDE
RECOMMENDATIONS RELATED TO A NEW VAIL VILLAGE TOWNHOUSE (VVT)
DISTRICT, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Chapter VIII, Implementation and Amendment, Vail Village Master
Plan, sets forth the procedures for amending the Town's Zoning Regulations; and,
WHEREAS, the adoption of the Vail Village Townhouse (VVT) District
necessitates associated updates to the Vail Village Master Plan; and,
WHEREAS, the purpose of the amendments is to establish recommendations
and design considerations for the redevelopment of existing townhouse properties in
Vail Village; and,
WHEREAS, the purpose of the amendments is to preserve the existing character
of the townhouse properties in Vail Village and to preserve the existing character of the
neighborhood; and,
WHEREAS, on November 14, 2011 the Town of Vail Planning and
Environmental Commission held a public hearing on the application to amend the
Town's Zoning Regulations and establish the Vail Village Townhouse District and
associated amendments to the Vail Village Master Plan; and,
WHEREAS, the Town of Vail Planning and Environmental Commission
forwarded a recommendation of approval, with modifications, for the proposed Vail
Village Master Plan amendments to the Vail Town Council; and,
WHEREAS, the Vail Town Council finds and determines that the amendments
are consistent with the applicable elements of the adopted goals, objectives and policies
outlined in the Vail Comprehensive Plan and is compatible with the development
objectives of the town; and,
WHEREAS, the Vail Town Council finds and determines that the amendment to
the Vail Village Master Plan furthers the general and specific purposes of the plan; and,
WHEREAS, the Vail Town Council finds and determines that the 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.
1
RCSOIUTIOn No.7,Series 42012
4/3/2012
8-4- 1
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
SECTION 1 . Chapter VII, Vail Village Sub-Areas, East Gore Creek Sub-Area
(#6), Vail Village Master Plan, is hereby amended in part as follows (text to be
deleted is in strikethrG irvh text that is to be added is bold, and sections of text
that are not amended have been omitted):
EAST GORE CREEK SUB AREA (#6)
A number of the earliest projects developed in Vail are located in the East
Gore Creek Sub-Area. Development in this area is exclusively multi-family
condominium and townhouse projects with a limited amount of
support commercial. Surface parking is found at each site, which creates a
dominant visual impression of the sub-area.
While the level of development in East Gore Creek is generally greater
than that allowed under existing zoning, this area has the potential to
absorb density without compromising the character of the Village. These
T#Fs developments could be accommodated by partial infills of existing
parking areas balanced by greenspace additions or through increasing the
height of existing buildings (generally one story over existing heights). In
order to maintain the architectural continuity of projects, additional density
should be considered ems¢ in conjunction with the comprehensive
redevelopment of projects or individual units. There are several
townhouse properties within this sub-area which were platted and/or
constructed under Eagle County jurisdiction. These townhouse
properties are nonconforming with the many of development
standards (including, but not limited to density, gross residential
floor area, setbacks, site coverage, landscape area) of the High
Density Multiple Family (HDMF) District. It is recommended that
greater flexibility with the development standards may be necessary
to allow these townhouse projects to redevelop. This flexibility may
be achieved through the rezoning to the Vail Village Townhouse
(VVT) District. However, the granting of variances from the HDMF
District or rezoning to the Vail Village Townhouse (VVT) District
should consider potential impacts to the character of the
neighborhood.
Clearly, one of the main objectives to consider in the redevelopment of
any property should be to improve existing parking facilities. This includes
satisfying parking demands for existing and additional development-as
The
opportunity to introduce below grade structured parking will greatly
improve pedestrian ization and landscape features in this area. This should
be considered a goal of any redevelopment proposal in this sub-area.
2
RCSOIUTIOn No.7,Series 42012
4/3/2012
8-4-2
Development or redevelopment of this sub-area may attract additional
traffic and population into this area and may have significant impacts upon
portions of Sub-Areas 7 and 10.
There are several existing townhouse properties in the East Gore
Creek Sub-Area, including the Vail Townhouse Condominiums, Vail
Row Houses, Vail Trails Chalet, Vail Trails East, and Texas
Townhomes. These design considerations provide
recommendations for the redevelopment of these properties. The
purpose of these design considerations is to preserve the unique
character of the existing townhouse properties in Vail Village.
Redevelopment should be consistent with the existing pedestrian-
oriented, urban character of Vail Village. All demo/rebuild and new
construction projects in the Vail Village Townhouse District shall
comply with these guidelines. It is understood that renovations to
existing buildings may be unable to fully comply with some of these
design considerations. Redevelopment to existing buildings will be
evaluated on a case-by-case basis, with determination of compliance
based upon whether the renovation to an existing building meets the
general intent of these design considerations.
A. Zoning: The existing townhouse properties in the East Gore Creek
Sub-Area including the Vail Townhouse Condominiums, Vail Row
Houses, Vail Trails Chalet, Vail Trails East, and Texas Townhomes
should be rezoned from the High Density Multiple-Family (HDMF)
District to the Vail Village Townhouse (VVT) District.
B. Development Pattern: Townhouse properties in the East Gore
Creek Sub-Area should exhibit the appearance and characteristics of
a residential row style development. Buildings should face the street
and appear to be a series of proportionally sized, individual dwelling
units occupying the space from the ground to the roof that are
attached inline by shared side walls. Buildings should exhibit these
characteristics regardless of ownership patterns or the horizontal
and vertical subdivision of properties, and should create a perceived
dwelling unit occupying the space within a building from the ground
to the roof.
C. Architectural Theme: The existing architectural and aesthetic
character of the townhouse properties in Vail Village shall be
preserved.
1. Units: The architectural theme of each dwelling unit or
perceived dwelling unit (occupying the space within a building
3
RCSOIUTIon No.7,Series 42012
4/3/2012
8-4-3
from the ground to the roof) shall be expressed on all sides of
that unit to create an architecturally integrated unit.
2. Buildings: Townhouse buildings shall express an
architectural theme of either uniformity or individuality. To
portray architectural and aesthetic integrity, a combination of
both themes within a single building is discouraged.
a. Uniformity: Townhouse buildings may express a
singular, unified architectural theme in which every
perceived dwelling unit (occupying the space from
ground to the roof) in a building is composed of
substantially the same exterior design, materials,
textures, and colors.
b. Individuality: Townhouse buildings may express an
individualistic architectural theme in which each
perceived dwelling unit (occupying the space from
ground to the roof) in a building varies in exterior
design, materials, textures, and colors; so that abutting
units do not have the same architectural treatment. This
expression of individuality among units must be
balanced with the character of the adjacent units and
the building as a whole.
D. Building Form and Massing: Buildings shall step back from the
front property line to create the appearance of a two-story facade
along the street. For the purposes of these design considerations, a
story is considered the space between the surface of any floor and
the next floor or ceiling above, not exceeding 11 feet in height.
The front facade of the first floor or street level and the second floor
shall be located within 20 to 28 feet of the front property line. The
front facade of the third floor and any floors above shall step back 6
to 10 feet from the facade of the second floor below.
E. Street Edge: Front facade shall be generally parallel to the street
and form a strong, but irregular edge to the street. Front facades
shall generally align with adjacent units and buildings to create a
sense of street enclosure and continuity, but shall have enough
offset between units and buildings to create visual interest.
F. Facade: To reduce the appearance of building height and mass,
and to create a residential scale and character, all facades shall
incorporate vertical and horizontal articulation to reduce the
appearance of building height and mass and to foster the
4
RCSOIUTIon No.7,Series 42012
4/3/2012
8-4-4
appearance of a residential neighborhood. Facades should
incorporate doors, decks, porches, balconies, fenestration, recesses,
bay windows, ornamentation, and other traditional residential
architectural elements. No facade shall appear to be a large
unbroken plane. To preserve the existing pedestrian scale and
residential character of the neighborhood, dwelling unit entries are
encouraged on the front of the building; however, garage entries are
strongly discouraged on the front facade.
G. Cantilevers: On the front facade, floor area cantilevered more than
three feet beyond the level below is strongly discouraged.
Cantilevered floor areas shall not be stacked or cantilevered atop
one another.
H. Roof Pitch: The primary roof form should be sloping with pitches
from 3:12 to 4:12. Secondary roofs should be sloping with pitches
from 6:12 to 9:12. Flat roofs may have limited use as secondary
roofs for decks and mechanical equipment areas. Mansard roofs
create the perception of additional bulk and mass and are
inconsistent with the architectural character of the existing
townhouse properties and the existing neighborhood. Therefore,
mansard roofs are discouraged.
I. Roof Ridge: The primary roof ridges shall be parallel with the front
facade of the building and should be oriented to not shed snow or
rain onto adjacent properties. To create visual interest and to reduce
the perception of building bulk and mass, roofs shall not create the
appearance of continuous ridges between units or buildings. Roof
ridges should be articulated by stepping in elevation and varying
from front to rear. Dormers and other secondary roof forms may
also be used minimize the perception of a continuous ridge.
J. Fences and Site Walls: Privacy fences and walls along the street
are discouraged, except to screen trash areas, utility equipment, and
other similar items.
K. Landscaping: Landscaping should be used to create privacy and
to soften the visual transition from roadways and parking areas to
the building facades.
L. Deck Rails: Deck rails shall be designed to minimize the
perception of additional building bulk and mass. Deck rails should
incorporate transparency, material changes, and stepping in
alignment from other building elements. Solid railings that appear to
extend the exterior wall material from below are discouraged.
5
RCSOIUTIOn No.7,Series 42012
4/3/2012
8-4-5
M. Parking: Off-street parking should be located on at-grade surface
driveways or in below grade shared parking structures. Off-street
parking should not be accommodated with individual or shared
garages, carports, or parking structures on the first floor or street
level.
#6-1 °cirl°n+io1 Infill Texas Townhomes/Vail Trails
A—d—it.i°no1 fl°°r °r r°cirl°n+io1 deVeI°nm°n+ °�i°r)niho+ is °victoRg Additi I
deRGity +° h° n°ncide Pe l °nhi in n°nii inn+i°n )nii+h a n°mnr°h°nQl\/°
r°rl° i°I°nm°n+ Gf °a„h nr°i°n+ To encourage redevelopment and to
maintain the existing character of the neighborhood, the Vail Village
Townhouse (VVT) District was established to grant additional gross
residential floor area over what was allowed under High Density
Multiple Family (HDMF) District zoning. A key factor in the
redevelopment of these properties will be to relocate required parking in
underground structures or a single unified structure serving all
adjacent properties. This will allow for increased landscaping and overall
improvements to pedestrian ways to create a park-like setting on the
surface in this area. Redevelopment shall maintain the existing
character of the neighborhood, with the appearance of two to three
story buildings along the street elevation. In all cases, the mature
pines along Gore Creek shall be maintained. Stream impact must be
considered. Special emphasis on 1 .2, 2.3, 2.6, 3.1 , 5.1 , 6.2.
#6-2 Manor Vail
Possible residential infill on portions of existing surface parking area and
additional floor to the two northern most buildings adjacent to Gore Creek.
Infill project must include addition of greenspace adjacent to East Mill
Creek and other adjoining pedestrian areas. Height of structure shall be
limited to prevent impacts on view to the Gore Range from Village core
and Vail Valley Drive. Present and future parking demand to be met on
site. Traffic considerations must be addressed. Special emphasis on 1 .2,
2.3, 2.6, 3.1 , 4.1 , 5.1 , 6.1
#6-3 Vail Row Houses
To encourage redevelopment, the Vail Village Townhouse (VVT)
District was established to grant additional gross residential floor
area over what was allowed under High Density Multiple Family
(HDMF) District zoning. Where possible, driveway widths shall be
minimized and areas for landscaping increased. Surface parking
shall be improved when redevelopment occurs using high quality
landscape paver treatments and the current post and chain parking
delineation shall be replaced with other methods to identify private
parking. Redevelopment shall maintain the existing character of the
neighborhood, with the appearance of two to three story buildings
6
RCSOIUTIOn No.7,Series 42012
4/3/2012
8-4-6
along the street elevation. Improvements to the Gore Creek stream
corridor, consistent with Town policies, shall be considered with
redevelopment applications. Special emphasis on 1.2, 2.3, 2.6, 3.1,
5.1, 6.2.
QF}UE - }
_ {
6-3
EAST GORc
.s
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Vail held this 21St day of February, 2012.
Andrew P. Daly, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
7
RCSOIUf on No.7,Series of 2012
4/3/2012
8-4-7
Bill Gibson
From: Dominic Mauriello <dominic @mpgvail.com>
Sent: Thursday, March 22, 2012 2:43 PM
To: Council Dist List
Cc: Bill Gibson
Subject: Vail Town House District
Attachments: Vail Townhouse Zoning Handout 4-3-12.pdf; ATT00001.htm
Hello Town Council members:
I understand that the Vail Town House Zone District will be coming up for a vote on April 3 and I wanted to
provide you with a handout that summarizes our suggestions with regard to GRFA. Please see the attached and
I look forward to seeing you on April 3.
Thanks again for taking the time to complete this code amendment process with a new set of rules that are well
thought out and with very strict design parameters. We believe staff has come up with an approach that is very
much "state of the art" with the addition of one of our proposed limited changes.
Sincerely,
Dominic F. Mauriello, AICP
Mauriello Planning Group, LLC
PO Box 4777
2205 Eagle Ranch Road
Eagle, Colorado 81631
970-376-3318 cell
www.mpgvail.com
1
4/3/2012
8-5- 1
undercurrent
i is � -
QM -,
'sum �. �� •cn
0
Yes ' El 1 ■
- - — Some Growth 0
..but not a-
much
Facade
!_7 Bulk&Mass
Restrictions 111 ■
_ Gause
or1.35 I� �•�'
or 1.55
LOT a LOT 9 OR LOT 9 GRFA to be
0 w L10 GRFA 1.35 GRFA 1-55 GRFA
Nr iLlot 9L
N + LOT 9
114'. F-0-0 3.24.11 1.5.. GRFA 1.10 LOT 3
GRFA
W N TOV TOWNHOUSE ZONING PROPOSAL 2.0 (No forced Balconies}
"Facades
Articulations"
(Outsides)
Lot #9 • -
1.55 -
GRFA fits _
Inside
Proposed
New -
i=acades
Rules
5
MEN
r
L4".1'-0-03.24.11
ZONING PROPOSAL 2.0
�, � • • ; , J� �� � Ott,.,,
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i�fl
111
111
jQIfTM
LLJVATION
LOT 9
LOT 9
I
1.25 GRFA
1.55 GRFA
!I
nn t
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7
11
NORTH
FIEVAT10N
I sll
1 111
x A L 15 GAPA
W
T 55 GAYA
A N
II j dA
OT 9 GRFA COMPARISONS
WEST SEC TON ELEVATION
104'•V-V 04 04.1011
TOY TOWN HOUSE 20NWG►ROVSAL 7 0
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ill
Ordinance No. 6, Series of 2012
Resolution No. 7, Series of 2012
Vail Village Townhouse District
Situation: Last year, at the direction of the Town Council to find a solution to
modernize Vail's Townhouse zoning while maintaining the traditional ski village
character of Vail,the Town staff creatively sought input from numerous planning
professionals and architects to bring forth the idea of exterior-building facade "bulk
and mass" regulations (meaning specifying new detailed dimensional-
characteristics and sizing-controls defined by the outside skins of the complexes)
for Vail Village Townhouse District. Facade controls ensure that the outside look
and feel of Gore Creek Drive would not be compromised. Detailing the outside-skin
measurements allows for some growth,but not too much.
For example, Ordinance No. 6 reduces a total allowable maximum height under
existing High Density Multiple Family zoning applicable to these townhouse
properties from 48 feet to 43 feet. This reduction there-by restricts the maximum
future growth in height allowable in Vail Village Townhouses to just 4 feet taller
than what was constructed in 2006 at Row House Unit/Lot#8 which stands now
(February 2012) at 37 feet tall.
The Town staff achieved a new and balanced set of Vail Village Townhouse zoning
rules focused on exterior-outside definitions (what Vail residents and guests see
walking by from Gore Creek Drive) that include detailed facade designations,
setbacks, height restrictions, and architectural guidelines that modernize these
aspects of building or remodeling rules for the five Vail Village Townhouse projects.
Historically,Vail used small GRFA ratios to shrink or control the bulk, mass, and size
of Vail's Townhouses. The Town's Ordinance No. 6,which applies the innovation of
outside-exterior dimension controls to shrink or control bulk and mass, essentially
obsoletes, or renders less applicable,the additional or redundant use of GRFA that
reduces inside floor space in Townhouses.
We.along with other Townhouse owners believe the proposed Ordinance No.
6 and Resolution No. 7 are very good tools for achieving the goal of
maintaining the character of Vail's five Townhouse complexes ...with one
major exception, the overly restrictive GRFA limit of 1.35.
GRFA should be at least 1.5 or more... doing so causes Vail Townhouse owners to
be in-line with other like kind buildings/ residential properties in Vail. Modifying
the currently suggested 1.35 GRFA in Ordinance No. 6 upwards will accomplish that
no Townhouse owner would need to request variances or exceptions of the PEC or
Town Council for the next 50 years.
4/3/2012
8-5-5
What are alternatives to make one last but important modification to the New Vail
Village Townhouse District and Ordinance No. 6?
Option #1: Eliminate GRFA for just the five complexes the Vail Village
Townhouse District along Gore Creek
Details:
❑ The state of art bulk and mass and facade controls have been
developed make GRFA obsolete and unnecessary
❑ Heavy design controls have modernized Vail Village
Townhouse zoning to a degree not witnessed elsewhere in Vail
❑ Could be the new model moving forward - a cutting edge Town
Council
Code Language:
12-6J-9: GROSS RESIDENTIAL FLOOR AREA
There is no limitation on gross residential floor area in this district
given the level of development standards contain herein and the
design guidelines and standards within the Vail Village Master Plan.
Option #2: Employee Housing Mitigation Fee Increase over 1.35 GRFA
Details:
❑ Allow up to a ceiling of 1.6 GRFA
❑ Offsets or exchanges what could have been EHU GRFA Credit
(-500 sq. ft.)
❑ Require additional Inclusionary Zoning percentage for GRFA
over 1.35 (Mitigation could be doubled from 10%to 20%)
Code Language (new section):
12-61-14: ADDITIONAL INCLUSIONARY ZONING REQUIREMENT
For any gross residential floor area (GRFA) in excess of one hundred
thirty five (13 5) square feet for each one hundred (100) square feet of
total site area,the inclusionary zoning requirements of Section 12-24-
2 Employee Housing Requirements shall be at twice the mitigation
rate. Additionally,there shall be no onsite requirement as specified in
Section 12-24-6: Methods of Mitigation and the mitigation method
shall be by payments of fees in lieu only.
Option #3: Allow Full Basement Credit
Details:
❑ Allow full basement exclusion from calculation of GRFA (today
approximately 50%would be excluded based on topography)
❑ Allowed for the Vail Village Townhouse district only
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❑ Not uncommon to have differing GRFA credits based on zone
district
❑ Basement level is "invisible"to the general public and those
walking by
Code Language:
12-15-3B(7): Basements (amend as follows):
Basements: On the lowest level of a structure,the total percentage of
exterior wall surfaces unexposed and below existing or finished grade,
whichever is more restrictive, shall be the percentage of the
horizontal area of the lowest level deducted from the GRFA
calculations, except in the Vail Village Townhouse district where
100% of the horizontal area of the lowest level shall be deducted
from the GRFA calculations. The percentage deduction calculations
shall be rounded to nearest whole percent. The lowest level's exterior
wall surface area shall be measured from the finished floor elevation
of that level to the underside of the structural floor members of the
floor/ceiling assembly above. For the purposes of these calculations,
retaining walls and site walls shall not be considered part of the
lowest level's exterior walls.
Option #4: Designate GRFA at 1.5
Details:
❑ Follows precedent with other structures across the street and
in the neighborhood that have 1.5 GRFA
❑ TOV moved .8 to 1.5 GRFA for mixed condo/hotel etc. projects
years ago
❑ A matter of'better business'
❑ PEC was too conservative at 1.35 GRFA
Code Language:
12-6J-9: GROSS RESIDENTIAL FLOOR AREA:
Not more than one hundred thirty five (1-3-5)fifty (150) square feet
of gross residential floor area (GRFA) shall be permitted for each one
hundred (100) square feet of total site area.Attached or row
dwellings in this zone district shall not be entitled to additional gross
residential floor area under section 12-15-5: Additional Gross
Residential Floor Area (250 Ordinance), or section 12-15-4: Interior
Conversions of this title. There shall be no exclusion to gross
residential floor area granted for enclosed garage space within
individual dwelling units as referenced in Chapter 15 Gross
Residential Floor Area.
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Vail Row Houses
A. GRFA based on lot size
Unit 7
Unit 8
Unit 9
Unit 10
Unit 11
Unit 12
Unit 13
lot size
2,744
2,614
2,396
2,265
2,309
2,919
5,750
allowed GRFA
2,085
1,987
1,821
1,721
1,755
2,218
4,370
ratio of lot size
0.76
0.76
0.76
0.76
0.76
0.76
0.76
allowed GRFA+ Interior Conversion(15%)
2,398
2,285
2,094
1,980
2,018
2,551
5,026
ratio of lot size
0.87
0.87
0.87
0.87
0.87
0.87
0.87
2x250's per unit
1,000
1,000
500
1,000
1,000
1,000
1,000
allowed GRFA+ IC's +2x250's
3,398
3,285
2,594
2,980
3,018
3,551
6,026
GRFA ratio
1.24
1.26
1.08
1.32
1.31
1.22
1.05
B. GRFA based on built conditions
Unit 7
Unit 8
Unit 9
Unit 10
Unit 11
Unit 12
Unit 13
lot size
2,744
2,614
2,396
2,265
2,309
2,919
5,750
existing GRFA
2,252
2,713
1,667
2,477
2,565
2,566
3,926
ratio of lot size
0.82
1.04
0.70
1.09
1.11
0.88
0.68
allowed GRFA+ Interior Conversion(15%)
2,590
3,120
1,917
2,849
2,950
2,590
4,515
ratio of lot size
0.94
1.19
0.80
1.26
1.28
0.89
0.79
1x250 per unit(un-built post 2004)
500
0
250
500
500
500
500
allowed GRFA+ IC's +2x250's
3,090
3,120
2,167
3,349
3,450
3,090
5,015
GRFA ratio
1.13
1.19
0.90
1.48
1.49
1.06
0.87
Texas Townhomes
A. GRFA based on lot size
Lot 1
Lot 2
Lot 3
Lot 4
Lot 5
Lot 6
Lot 7
Lot 8&9
lot size
2,309
2,352
2,309
2,352
2,352
2,352
2,352
3,920
allowed GRFA
1,755
1,788
1,755
1,788
1,788
1,788
1,788
2,979
ratio of lot size
0.76
0.76
0.76
0.76
0.76
0.76
0.76
0.76
allowed GRFA+ Interior Conversion(15%)
2,018
2,056
2,018
2,056
2,056
2,056
2,056
3,426
ratio of lot size
0.87
0.87
0.87
0.87
0.87
0.87
0.87
0.87
2x250's per unit
500
1,000
500
1,000
1,000
1,000
1,000
1,000
allowed GRFA+ IC's+2x250's
2,518
3,056
2,518
3,056
3,056
3,056
3,056
4,426
Allowed GRFA ratio
1.09
1.30
1.09
1.30
1.30
1.30
1.30
1.13
B. GRFA based on built conditions
Lot 1
Lot 2
Lot 3
Lot 4
Lot 5
Lot 6
Lot 7
Lot 8&9
lot size
2,309
2,352
2,309
2,352
2,352
2,352
2,352
3,920
existing GRFA
2,126
1,845
1,080
2,226
2,336
2,061
1,845
3,216
ratio of lot size
0.92
0.78
0.47
0.95
0.99
0.88
0.78
0.82
allowed GRFA+ Interior Conversion(15%)
2,445
2,122
1,242
2,560
2,686
2,370
2,122
3,698
ratio of lot size
1.06
0.90
0.54
1.09
1.14
1.01
0.90
0.94
1x250 per unit(un-built post 2004)
250
500
250
500
500
500
500
500
allowed GRFA+ IC's +2x250's
2,695
2,622
1,492
3,060
3,186
2,870
2,622
4,198
GRFA ratio
1.17
1.11
0.65
1.30
1.35
1.22
1.11
1.07
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Vail Townhouse Condos Vail Trails Chalet Vail Trails East
A. GRFA based on lot size
Whole
lot size
16,220
allowed GRFA
12,327
ratio of lot size
0.76
allowed GRFA+ Interior Conversion(15%)
14,176
ratio of lot size
0.87
2x250's per 11 unit(pre&post 2004)
5,500
allowed GRFA+ IC's+2x250's per unit
19,676
GRFA ratio
1.21
B. GRFA based on built conditions
Whole
lot size
16,220
existing GRFA
15,608
ratio of lot size
0.96
existing GRFA+ Interior Conversion(15%)
17,949
ratio of lot size
1.11
1x250 per 11 units(unbuilt post 2004)
2,750
built GRFA+ IC's + U250 per unit
20,699
GRFA ratio
1.28
A. GRFA based on lot size
Whole
lot size
18,644
allowed GRFA
14,169
ratio of lot size
0.76
allowed GRFA+ Interior Conversion(15%)
16,295
ratio of lot size
0.87
2x250's per 19 unit(pre&post 2004)
9,500
allowed GRFA+ IC's+2x250's
25,795
GRFA ratio
1.38
B. GRFA based on built conditions
Whole
lot size
18,644
existing GRFA
15,608
ratio of lot size
0.84
existing GRFA+ Interior Conversion(15%)
17,949
ratio of lot size
0.96
1x250 per 11 units(unbuilt post 2004)
4,750
built GRFA+ IC's + U250 per unit
22,699
GRFA ratio
1.22
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A. GRFA based on lot size
Whole
lot size
20,735
allowed GRFA
15,759
ratio of lot size
0.76
allowed GRFA+ Interior Conversion(15%)
18,122
ratio of lot size
0.87
2x250's per 25 unit(pre &post 2004)
12,500
allowed GRFA+ IC's +2x250's
30,622
GRFA ratio
1.48
B. GRFA based on built conditions
Whole
lot size
20,735
existing GRFA
15,608
ratio of lot size
0.75
existing GRFA+ Interior Conversion(15%)
17,949
ratio of lot size
0.87
1 x250 per 25 units (unbuilt post 2004)
6,250
built GRFA+ IC's+ 1x250 per unit
24,199
GRFA ratio
1.17
0
TOWN OF VAIL �
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: November 14, 2011
SUBJECT: 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
I. SUMMARY
A request for a recommendation to the Vail Town Council for amendments to the Vail
Town Code to establish the proposed Vail Village Townhouse (VVT) District and
proposed amendments to the Vail Village Master Plan related to the East Gore Creek
Sub Area. The Community Development Department recommends the Planning and
Environmental Commission forwards a recommendation of approval to the Vail Town
Council for the proposed amendments based upon the findings noted in Section VI of
this memorandum.
II. DESCRIPTION OF THE REQUEST
The purpose of these proposed amendments is to:
• Establish a new zone district to regulate existing townhouse properties in Vail
Village that were legally non-conforming in regard to the provisions of the High
Density Multiple-Family District; and,
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• Establish incentives for the redevelopment of existing townhouse properties in
Vail Village; and,
• Preserve the existing character of the townhouse properties in Vail Village and to
preserve the existing character of the neighborhood; and,
On September 12, 2011 , the Planning and Environmental Commission held another
public hearing on the proposed new zone district and related master plan amendments.
The Commission discussed several issues including gross residential floor area
(GRFA), building step backs, and roof pitches. The Commission requested that Staff
return with a draft ordinance and draft resolution for the Commission's final review and
recommendation to the Vail Town Council. The proposed Zoning Regulation
amendment ordinance for the new Vail Village Townhouse (VVT) District (Attachment
B) and the proposed Vail Village Master Plan amendment resolution (Attachment C)
have been attached for review.
Based upon the Planning and Environmental Commission's direction from its
September 12th public hearing; the proposed Zoning Regulation amendment ordinance
(Attachment B) includes an allowable gross residential floor area (GRFA) ratio of 1 .35.
As discussed at previous pubic hearings, Staff recommends the Commission forwards a
recommendation to the Vail Town Council for an allowable GRFA ratio of 1 .25.
Attached for reference is a Staff power point presentation to the Vail Town Council
dated October 19, 2010 (Attachment E).
Based upon public testimony and the Commissioners' deliberations at the September
12th public hearing, Staff has modified the design considerations in the proposed Vail
Village Master Plan amendment resolution (Attachment C) related to building step
backs. The attached resolution includes a building step back dimension of 6 to 10 feet,
rather than 8 to 10 feet as previously proposed. Staff believes this modification
preserves the intent of the proposed building step back design considerations,
continues to provide opportunities for functional upper story decks, and affords property
owners more architectural design flexibility.
On September 12th the Planning and Environmental Commission also discussed the
proposed design considerations for roof pitches. The proposed resolution continues to
include design considerations recommending sloping primary roofs with pitches ranging
from 3:12 to 6:12. This roof pitch range is the same as the roof pitch range
recommendations of the adopted Vail Village Design Considerations of the Vail Village
Master Plan. If the Commission wishes to forward a more restrictive design
consideration to the Vail Town Council, Staff recommends the Commission includes this
modification as part of the motion.
III. BACKGROUND
This proposal is similar to past applications to first establish a new Vail Rowhouse
Special Development District and later to establish a new Vail Village Townhouse
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District by Chris Galvin, represented by the Mauriello Planning Group and KH Webb
Architects, which have since been withdrawn by Mr. Galvin. The Vail Town Council
generally supported the concept of establishing a new zone district that is tailored to
address these existing, unique townhouse properties in Vail Village. So upon Mr.
Galvin's withdrawal of his application, the Vail Town Council directed Staff to formally
submit a similar application, on behalf of the Town of Vail, to establish a new Vail
Village Townhouse District.
In 2008 and 2009, Chris Galvin, represented by the Mauriello Planning Group and KH
Webb Architects, submitted and later withdrew multiple applications to establish the Vail
Townhouse Condominiums and the Vail Row Houses as a Special Development District
to create incentives for redevelopment and to address the various non-conformities of
the existing properties when regulated by the High Density Multiple-Family (HDMF)
District.
In 2010 and 2011, Chris Galvin, represented by Mauriello Planning Group and KH
Webb Architects, submitted and later withdrew an application to establish a new Vail
Village Townhouse District to create incentives for redevelopment and to address the
various non-conformities of the existing properties when regulated by the HDMF District.
It was anticipated that this proposed new district could be applied to the existing Vail
Townhouse Condominiums, Vail Row Houses, Vail Trails Chalets, Vail Trails East, and
the Texas Townhomes townhouse developments.
The Planning and Environmental Commission reviewed Mr. Galvin's application to
establish a new Vail Village Townhouse District at its April 26, May 10, June 14, July 12,
and August 23, 2010 public hearings. On August 23, 2010 the Planning and
Environmental Commission forwarded a recommendation of approval to the Vail Town
Council for the proposed amendments with modifications.
The Planning and Environmental Commission and the Vail Town Council differed on
how much gross residential floor area (GRFA) was appropriate for the new zone district.
The Planning and Environmental Commission recommended a GRFA ratio of 1.35,
while the Vail Town Council recommended a GRFA ratio of 1 .25 on the first reading of
the previous Vail Village Townhouse District ordinance.
On second reading of the previous ordinance, the Vail Town Council expressed its
concern that the development standards of the proposed zone district would not
adequately maintain the existing character of the neighborhood. The Vail Town Council
tabled the second reading of Mr. Galvin's proposal until the applicant and Staff returned
with additional regulations to preserve the neighborhood character.
At the Council's direction, Staff drafted design guidelines and master plan amendments
with the assistance of the Town's consultant, Winston and Associates, and input from
Mr. Galvin's representatives, intended to preserve the existing character of the
neighborhood. Prior to presentation of these proposed design guidelines and master
plan amendments to the Vail Town Council, Mr. Galvin withdrew his application.
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On July 25, 2011 the Planning and Environmental Commission held a work session to
discuss the Vail Village Townhouse District application re-initiated by Staff at the Vail
Town Council's request. Staff presented an overview of the previous Galvin
applications and a summary of the Town's current proposal. The Mauriello Planning
Group, representing Mr. Galvin, noted their general support for the new district and
presented alternatives to the proposed GRFA and building step-back standards. Vail
Rowhouse, Unit 11 owner Dolph Bridgewater expressed his opposition to the proposed
GRFA limits in the new district and the potential redevelopment of the neighboring
Galvin unit.
At the Planning and Environmental Commission's request, Staff mailed a courtesy
notice to each property owner of record and each home owners association at the Vail
Townhouse Condominiums, Vail Rowhouse, Vail Trails East, Vail Trails Chalet, and
Texas Townhomes informing them of the Commission's upcoming August 22nd work
session on the proposed new zone district. At the request of the Vail Townhouse
Condominiums homeowners association, the Commission's August 22nd work session
discussion was tabled to the Commission's September 12, 2011 public hearing.
On September 12, 2011 , the Planning and Environmental Commission held another
public hearing on the proposed new zone district and related master plan amendments.
The Commission discussed several issues including gross residential floor area
(GRFA), building step backs, and roof pitches. The Commission requested that Staff
return with a draft ordinance and draft resolution for the Commission's final review and
recommendation to the Vail Town Council.
This item was tabled at subsequent public hearings at the request of property owners
who may be affected by the proposed new zone district and master plan amendments.
IV. APPLICABLE REGULATIONS
ZONING REGULATIONS
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,
and other dangerous conditions.
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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.
VAIL LAND USE PLAN
Goal 1. General Growth/Development
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve both the
visitor and the permanent resident.
1.3 The quality of development should be maintained and upgraded whenever
possible.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
Goal 4. Village Core/Lionshead
4.2 Increased density in the Core areas is acceptable so long as the existing
character of each area is preserved through implementation of the Urban Design
Guide Plan and the Vail Village Master Plan.
4.3 The ambiance of the Village is important to the identity of Vail and should be
preserved. (Scale, alpine character, small town feeling, mountains, natural
settings, intimate size, cosmopolitan feeling, environmental quality.)
Goal 5. Residential
5.1 Additional residential growth should continue to occur primarily in existing,
platted areas and as appropriate in new areas where high hazards do not exist.
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5.4 Residential growth should keep pace with the market place demands for a full
range of housing types.
VAIL VILLAGE MASTER PLAN
CHAPTER V. GOALS, OBJECTIVES, AND ACTION STEPS
GOAL #1: Encourage high quality, redevelopment while preserving unique architectural
scale of the village in order to sustain its sense of community and identity.
Objective 1.1 Implement a consistent development review process to reinforce
the character of the Village.
Objective 1.2: Encourage the upgrading and redevelopment of residential and
commercial facilities.
Policy 1.2.1: Additional development may be allowed as identified by the Action
Plan and as is consistent with the Vail Village Master Plan and Urban Design
Guide Plan.
Objective 1.4: Recognize the "historic"importance of the architecture, structures,
landmarks, plazas and features in preserving the character of Vail Village.
Policy 1.4.2 The Town may grant flexibility in the interpretation and
implementation of its regulations and design guidelines to help protect and
maintain the existing character of Vail Village.
GOAL #2: To foster a strong tourist industry and promote year-around economic health
and viability for the village and for the community as a whole.
Objective 2.1: Recognize the variety of land uses found in the 11 sub-areas
throughout the Village and allow for development that is compatible with these
established land use patterns.
Policy 2.1.1: The zoning code and development review criteria shall be consistent
with the overall goals and objectives of the Vail Village Master Plan.
GOAL #3: To recognize as a top priority the enhancement of the walking experience
throughout the village.
Policy 3.1.1: Private development projects shall incorporate streetscape
improvements (such as paver treatments, landscaping, lighting and seating areas),
along adjacent pedestrian ways.
Objective 3.2: Minimize the amount of vehicular traffic in the Village to the greatest
extent possible.
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GOAL #5: Increase and improve the capacity, efficiency, and aesthetics of the
transportation and circulation systems throughout the village.
Policy 5.1.5: Redevelopment projects shall be strongly encouraged to provide
underground or visually concealed parking.
CHAPTER VII: Vail Village Sub-Areas
East Gore Creek Sub-Area (#6)
ILA
EAST
I - -
- � EAST GORE CREEK
A number of the earliest projects developed in Vail are located in the East Gore
Creek Sub-Area. Development in this area is exclusively multi-family
condominium projects with a very limited amount of support commercial.
Surface parking is found at each site, which creates a very dominant visual
impression of the sub-area.
While the level of development in East Gore Creek is generally greater than that
allowed under existing zoning, this area has the potential to absorb density
without compromising the character of the Village. This development could be
accommodated by partial infill of existing parking areas balanced by green
space additions or through increasing the height of existing buildings (generally
one story over existing heights). In order to maintain the architectural continuity
of projects, additional density should be considered only in conjunction with the
comprehensive redevelopment of projects.
Clearly, one of the main objectives to consider in the redevelopment of any
property should be to improve existing parking facilities. This includes satisfying
parking demands for existing and additional development, as well as design
considerations relative to redevelopment proposals. The opportunity to introduce
below grade structured parking will greatly improve pedestrianization and
landscape features in this area. This should be considered a goal of any
redevelopment proposal in this sub-area. Development or redevelopment of this
sub-area will attract additional traffic and population into this area and may have
significant impacts upon portions of Sub-Areas 7 and 10.
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V. REVIEW CRITERIA
Before acting on an application for an amendment to the Zoning Regulations or the Vail
Village Master Plan, the Planning and Environmental Commission shall consider the
following factors with respect to the requested text amendments:
1. The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
Based upon the evidence and testimony presented at multiple public hearings, Staff
believes the proposed Zoning Regulations amendments and Vail Village Master Plan
amendments further the general purposes of the zoning regulations by establishing
zoning standards and development recommendations specifically designed to address
the redevelopment of the existing townhouse properties in Vail Village, while preserving
the existing character of the neighborhood.
Staff also believes the proposed amendments further each of the specific purpose of the
zoning regulations:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow,
and other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation
and to lessen congestion in the streets.
4. To promote adequate and appropriately located off street parking and
loading facilities.
5. To conserve and maintain established community qualities and economic
values.
6. To encourage a harmonious, convenient, workable relationship among land
uses, consistent with municipal development objectives.
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.
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
The Town of Vail has granted multiple variances to facilitate the remodeling of several
individual townhouse units in Vail Village which has resulted in the inconsistent
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application of zoning standards to existing townhouse properties. Rather than
perpetuate the current system of requiring variances for most townhouse unit remodels,
the proposed new zone district, and associated master plan amendments, are designed
to regulate the existing townhouse developments in Vail Village. Based upon the
evidence and testimony presented at multiple public hearings, Staff believes the
proposed amendments will minimize the need for future variances and will simplify the
development review process.
The attached ordinance for the proposed Vail Village Townhouse District includes a
GRFA ratio of 1 .35. Based upon the existing/allowed GRFA analysis reviewed at
previous public hearings, Staff recommends the Vail Village Townhouse District
includes a GRFA ratio of 1 .25.
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
The existing townhouse developments in Vail Village such as the Vail Townhouse
Condominiums, Vail Row Houses, Vail Trails East, Vail Trails Chalets, and Texas
Townhomes are zoned High Density Multiple Family (HDMF) District. These existing
townhouse developments are legally non-conforming in regard to multiple development
standards of the HDMF District including setbacks, parking, density, etc. The standards
of the HDMF District were intended to be applied to larger condominium style
developments and were not designed to be applied to townhouse developments
consisting of individually platted lots. The Town of Vail has granted multiple variances
to facilitate the remodeling of several non-conforming townhouse properties which has
resulted in the inconsistent application of zoning standards to existing townhouse
properties. Based upon the evidence and testimony presented at multiple public
hearings, Staff does not believe the existing HDMF District adequately regulates the
existing townhouse developments in Vail Village.
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
Based upon the evidence and testimony presented at multiple public hearings, Staff
believes the propose zoning regulation and master plan amendments are consistent
with the Zoning Regulations purposes, Land Use Plan goals, and Vail Village Master
Plan goals, objectives, and policies outlined as follows:
Goal 1. General Growth/Development
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve both the
visitor and the permanent resident.
Town of Vail Page 9
4/3/2012
8-7-9
1.3 The quality of development should be maintained and upgraded whenever
possible.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
Goal 4. Village Core/Lionshead
4.2 Increased density in the Core areas is acceptable so long as the existing
character of each area is preserved through implementation of the Urban Design
Guide Plan and the Vail Village Master Plan.
4.3 The ambiance of the Village is important to the identity of Vail and should be
preserved. (Scale, alpine character, small town feeling, mountains, natural
settings, intimate size, cosmopolitan feeling, environmental quality.)
Goal 5. Residential
5.1 Additional residential growth should continue to occur primarily in existing,
platted areas and as appropriate in new areas where high hazards do not exist.
5.4 Residential growth should keep pace with the market place demands for a full
range of housing types.
GOAL #1: Encourage high quality, redevelopment while preserving unique architectural
scale of the village in order to sustain its sense of community and identity.
Objective 1.1 Implement a consistent development review process to reinforce
the character of the Village.
Objective 1.2: Encourage the upgrading and redevelopment of residential and
commercial facilities.
Policy 1.2.1: Additional development may be allowed as identified by the Action
Plan and as is consistent with the Vail Village Master Plan and Urban Design
Guide Plan.
Objective 1.4: Recognize the "historic"importance of the architecture, structures,
landmarks, plazas and features in preserving the character of Vail Village.
Policy 1.4.2 The Town may grant flexibility in the interpretation and
implementation of its regulations and design guidelines to help protect and
maintain the existing character of Vail Village.
GOAL #2: To foster a strong tourist industry and promote year-around economic health
and viability for the village and for the community as a whole.
Town of Vail Page 10
4/3/2012
8-7- 10
Objective 2.1: Recognize the variety of land uses found in the 11 sub-areas
throughout the Village and allow for development that is compatible with these
established land use patterns.
Policy 2.1.1: The zoning code and development review criteria shall be consistent
with the overall goals and objectives- of the Vail Village Master Plan.
GOAL #3: To recognize as a top priority the enhancement of the walking experience
throughout the village.
Policy 3.1.1: Private development projects shall incorporate streetscape
improvements (such as paver treatments, landscaping, lighting and seating areas),
along adjacent pedestrian ways.
Objective 3.2: Minimize the amount of vehicular traffic in the Village to the greatest
extent possible.
GOAL #5: Increase and improve the capacity, efficiency, and aesthetics of the
transportation and circulation systems throughout the village.
Policy 5.1.5: Redevelopment projects shall be strongly encouraged to provide
underground or visually concealed parking.
5. Such other factors and criteria the planning and environmental commission
and/or council deem applicable to the proposed text amendment.
Public correspondence received since the Planning and Environmental Commission's
September 12, 2011 , public hearing has been attached for review (Attachment D).
VI. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission forwards a recommendation of approval to the Vail Town
Council for the proposed amendments based upon a review of the criteria outlined in
Section V of this memorandum and the evidence and testimony presented at multiple
public hearings.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval of this request to the Vail Town Council; the Community
Development Department recommends the Commission pass the following motion:
"The Planning and Environmental Commission forwards a recommendation of
approval, on the 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
Town of Vail Page 11
4/3/2012
8-7- 11
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)"
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed text
amendment, the Community Development Department recommends the Commission
makes the following findings:
"Based upon the review of the criteria outlined in Section V of Staff's November
151 2011 memorandum and the evidence and testimony presented at multiple
public hearings, the Planning and Environmental Commission finds:
1. That the amendment is consistent with the applicable elements of the adopted
goals, objectives and policies outlined in the Vail comprehensive plan and is
compatible with the development objectives of the town; and
2. That the amendment furthers the general and specific purposes of the zoning
regulations; and
3. That the amendment promotes the health, safety, morals, and general welfare
of the town and promotes the coordinated and harmonious development of the
town in a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest
quality."
VI. ATTACHMENTS
A. Vicinity Map
B. Draft Zoning Code Amendments
C. Draft Master Plan Amendments
D. Public Correspondence (Bugby, Reynolds, and Butterworth)
E. Town Council Power Point Presentation Dated 10/19/11
Town of Vail Page 12
4/3/2012
8-7- 12
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DRAFT ORDINANCE NO.
Series of 2011
AN ORDINANCE AMENDING CHAPTER 12-6, RESIDENTIAL DISTRICTS, VAIL TOWN
CODE, TO ESTABLISH THE VAIL VILLAGE TOWNHOUSE (VVT) DISTRICT, AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures
for amending the Town's Zoning Regulations; and,
WHEREAS, the purpose of the amendments iAoestablish a new zone district to
regulate existing townhouse properties in Vail Village that were legally non-conforming in
regard to the provisions of the High Density Multiple-Family District; and,
WHEREAS, the purpose of the amendments is to establish incentives for the
redevelopment of existing townhouse properties in Vail Village; and
WHEREAS, the purpose of the amendments is to preserve the existing character of
the townhouse properties in Vail Village and to preserve the existing character of the
neighborhood; and,
WHEREAS, on the Town of Vail Planning and Environmental Commission
held a public hearing on the application to amend the Town's Zoning Regulations and
establish the Vail Village Townhouse District, in accordance with the provisions of the Vail
Town Code; and,
WHEREAS, the Town of Vail Planning and Environmental Commission forwarded a
recommendation of for the proposed Zoning Regulation amendments to the Vail
Town Council by a vote of ; and,
WHEREAS, the Vail Town Council finds and determines that the amendment
consistent with the applicable elements of the adopted goals, objectives and policies
outlined in the Vail Comprehensive Plan and is compatible with the development objectives
of the town; and,
WHEREAS, the Vail Town Council finds and determines that the amendment to the
Town Code further the general and specific purposes of the Zoning Regulations; and,
WHEREAS, the Vail Town Council finds and determines that the amendment
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:
Ordinance No. ,Series of 2011
4/3/2012�
8-7- 14
SECTION 1 . Table of Contents, Title 12, Zoning Regulations, Vail Town Code, is
hereby amended in part as follows (text to be deleted is in strikethrG irvh text that is
to be added is bold, and sections of text that are not amended have been omitted):
Vail Village Townhouse (VVT) District 6J
SECTION 2. Section 12-2-2, Definitions, Vail Town Code, is hereby amended in
part as follows (text to be deleted is in stpikethpeHg4, text that is to be added is bold,
and sections of text that are not amended have been omitted):
TOWNHOUSE PROJECT: A building or group of associated buildings
consisting of multiple-family dwelling units designed as attached or
row dwellings that are treated as one entity for zoning purposes.
INDIVIDUALLY PLATTED TOWNHOUSE LOT: A portion of a townhouse
project that is subdivided and for zoning purposes is treated as a
separate entity from the remainder of the project. 1%16
SECTION 3. Section 12-4-1 , Designated, Vail Town Code, is hereby amended in
part as follows (text to be deleted is in stpikethpeHg4, text that is to be added is bold,
and sections of text that are not amended have been omitted):
The following zone districts are established:
Vail Village Townhouse (VVT) District
SECTION 4. Chapter 12-6, Residential Districts, Vail Town Code, is hereby
established as follows (text that is to be added is bold):
ARTICLE J. VAIL VILLAGE TOWNHOUSE (VVT) DISTRICT
12-6J-1: PURPOSE:
The Vail Village Townhouse District is intended to provide sites for, and
maintain the unique character of, existing townhouse properties in the
Vail Village Master Plan area of the Town of Vail. The Vail Village
Townhouse district is intended to ensure adequate light, air, open
space, and other amenities commensurate with townhomes, and to
maintain the desirable residential and resort qualities of the zone
district by establishing appropriate site development standards.
Certain nonresidential uses are permitted as conditional uses, which
relate to the nature of Vail as a winter and summer recreation and year-
round community and, where permitted, are intended to blend
harmoniously with the residential character of the zone district.
This zone district was established to regulate existing townhome
properties that were legally nonconforming in the High Density Multiple
Family District. The Vail Village Townhouse District is meant to
Ordinance No. Series of 2011
4/3/2012 2
8-7- 15
encourage and provide incentives for redevelopment of existing
townhouse properties in accordance with the Vail Village Master Plan.
The incentives in this zone district include addressing both townhouse
projects and individually platted townhouse lots, reductions in lot area
standards, reductions in setbacks, increases in density, increases in
gross residential floor area (GRFA), reductions in landscaping area, and
changes in parking design requirements. More restrictive design
considerations have been applied to these properties in accordance
with the Vail Village Master Plan to maintain the unique character of
existing townhouse developments in Vail Village.
ANNEL
12-6J-2: PERMITTED USES:
The following uses shall be permitted in the VVT district:
Employee housing units, as further regulated by chapter 13 of
this title.
Multiple-family residential dwellings, including attached and row
dwellings and condominium dwellings.
11L 1400b"
12-6J-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the VVT district,
subject to issuance of a conditional use permit in accordance with the
provisions of chapter 16 of this title:
Bed and breakfasts, as further regulated by section 12-14-18 of
this title.
Home child daycare facilities, as further regulated by section 12-
14-12 of this title.
Public buildings, grounds and facilities.
Public utility and public service uses.
F
Timeshare units.
12-6J-4: ACCESSORY USES:
The following accessory uses shall be permitted in the VVT district:
Home occupations, subject to issuance of a home occupation
permit in accordance with the provisions of section 12-14-12 of
this title.
Other uses customarily incidental and accessory to permitted or
conditional uses, and necessary for the operation thereof.
Ordinance No. Series of 2011
4/3/2012 3
8-7- 16
12-6J-5: LOT AREA AND SITE DIMENSIONS:
The minimum lot or site area for a townhouse project shall be ten
thousand (10,000) square feet of total site area. Each site shall have a
minimum frontage of twenty feet (20').
The minimum lot or site area for individually platted townhouse lots
shall be two thousand (2,000) square feet of total site area, each site
shall have a minimum frontage of twenty feet (20').
12-6J-6: SETBACKS: Aff
The minimum setback shall be twenty feet (20') from the front and rear
property lines. The minimum setback shall be twenty feet(20')from the
side property lines, except the setback shall be zero feet (0') from the
side property lines between attached dwelling units.
12-6J-7: HEIGHT:
For a flat roof, the height of buildings shall not exceed forty feet (40').
For a sloping roof, the height of buildings shall not exceed forty three
feet (43').
12-6J-8: DENSITY CONTROL:
The existing number of legally established units on a development site
or twenty-five dwelling units per acre of total site area, whichever is
greater, shall be allowed. A dwelling unit may include one attached
accommodation unit no larger than one-third (1/3) of the total floor area
of the dwelling.
��
12-6J-9: GROSS RESIDENTIAL FLOOR AREA:
Not more than one hundred twenty five (135) square feet of gross
residential floor area (GRFA) shall be permitted for each one hundred
(100) square feet of total site area. Attached or row dwellings in this
zone district shall not be entitled to additional gross residential floor
area under section 12-15-5: Additional Gross Residential Floor Area
(250 Ordinance), or section 12-15-4: Interior Conversions of this title.
There shall be no exclusion to gross residential floor area granted for
enclosed garage space within individual dwelling units as referenced in
Chapter 15 Gross Residential Floor Area.
12-6J-10: SITE COVERAGE:
Site coverage shall not exceed fifty five (55%) of the total site area.
12-6J-11: LANDSCAPING AND SITE DEVELOPMENT:
At least twenty percent (20%) of the total site area shall be landscaped.
12-6J-12: PARKING AND LOADING:
Ordinance No. Series of 2011
4/3/20124
8-7- 17
Off street parking and loading shall be provided in accordance with
chapter 10 of this title. Required parking legally established within the
street right-of-way may be continued subject to a revocable right-of-
way permit issued by the Town of Vail.
12-6J-13: COMPLIANCE BURDEN:
It shall be the burden of the applicant to prove by a preponderance of
the evidence before the Design Review Board and/or Administrator that
the proposed new construction, addition, or minor exterior alteration is
in compliance with the applicable elements of the Vail Village Master
Plan, Vail Village Urban Design Guide Plan, and the Vail Village Design
Considerations. 1111W 1W
SECTION 5. Section 12-10-17-13, Lease Qualifications, Vail Town Code, is hereby
amended in part as follows (text to be deleted is in stpikethFeHg4, text that is to be
added is bold, and sections of text that are not amended have been omitted):
1 . Any owner, occupant or building manager who owns, occupies or
manages ten (10) or more private parking spaces located in commercial core
1 , commercial core 2, commercial core 3, high density multiple-family, Vail
Village Townhouse, public accommodations, Lionshead mixed use 1 ,
Lionshead mixed use 2, or special development zone districts and provides
sufficient parking for use by employees may apply to the administrator of the
town for a permit to lease parking spaces.
SECTION 6. Section 12-13-4, Requirements by Employee Housing Unit (EHU)
Type , Vail Town Code, is hereby amended in part as follows (text to be deleted is in
c+rilio+hr�i irvh text that is to be added is bold, and sections of text that are not
amended have been omitted):
1W 111L
Type Residential cluster V1 The EHNI The EHU n/a n/a Per A. Dwelling The EHU is
III Low density multiple-family may be is chapter unit:300 sq. excluded
Medium density multiple- sold or excluded 10 of ft.minimum from the
family transferred from the this title and 1,200 calculation
High density multiple-family separately. calculatio as a sq.ft. of density.
Vail Village Townhouse n of dwelling maximum.
Public accommodation GRFA. unit.
Commercial core 1
Commercial core 2 Dormitory
u
Commercial core 3 unit:
Commercial service center ft.minimum
um m
Arterial business for each
Heavy service person
Lionshead mixed use 1 occupying
Lionshead mixed use 2 the EHU.
Public accommodation 2
Ski base/recreation
Ski base/recreation 2
Special
development district
Parking district
General use
Ordinance No. ,Series of 2011
4/3/2012 5
8-7- 18
SECTION 7. Section 12-15-2, GRFA Requirements By Zone District, Vail Town
Code, is hereby amended in part as follows (text to be deleted is in c+ril e-thre-i 19th
text that is to be added is bold, and sections of text that are not amended have
been omitted):
Zone Districts GRFA Credits
(Added To Results Of
GRFA Ratio Application Of Percentage)
VVT 1.35 of total site area None
Vail Village Townhouse A&I
SECTION 8. Section 12-15-3, Definition, Calculation, and Exclusions, Vail Town
Code, is hereby amended in part as follows (text to be deleted is in
text that is to be added is bold, and sections of text that are not amended have
been omitted):
B. Within The Residential Cluster(RC), Low Density Multiple-Family(LDMF),
Medium Density Multiple-Family (MDMF), High Density Multiple-Family
(HDMF), A+�d Housing (H), and Vail Village Townhouse (VVT) Districts:
SECTION 9. Section 12-15-3, Definition, Calculation, and Exclusions, Vail Town
Code, is hereby amended in part as follows (text to be deleted is in
text that is to be added is bold, and sections of text that are not amended have
been omitted):
C. Within All Districts Except e Hillside Residential (HR), Single-Family
Residential (SFR), Two-Family Residential (R), Two-Family
Primary/Secondary (PS), Residential Cluster (RC), Low Density Multiple-
Family (LDMF), Medium Density Multiple-Family (MDMF), High Density
Multiple-Family (HDMF), A+�d Housing (H), and Vail Village Townhouse
VVT) Districts:
SECTION 10. Section 12-15-4, Interior Conversions, Vail Town Code, is
hereby amended in part as follows (text to be deleted is in stFikethFGHg4, text that is
to be added is bold, and sections of text that are not amended have been omitted):
B. Applicability: Within all zone districts except the single-family residential
(SFR), two-family residential (R), aPA two-family primary/secondary
residential (PS), and Vail Village Townhouse (VVT) districts, dwelling
units that meet or exceed allowable GRFA will be eligible to make interior
conversions provided the following criteria are satisfied:
1 . Any existing dwelling unit shall be eligible to add GRFA, via the "interior
space conversion" provision in excess of existing or allowable GRFA
including such units located in a special development district; provided,
that such GRFA complies with the standards outlined herein.
Ordinance No. Series of 2011
4/3/2012 6
8-7- 19
2. For the purpose of this section, "existing unit" shall mean any dwelling
unit that has been constructed prior to August 5, 1997, and has received a
certificate of occupancy, or has been issued a building permit prior to
August 5, 1997, or has received final design review board approval prior to
August 5, 1997.
SECTION 11 . Section 12-15-5, Additional Gross Residential Floor Area (250
Ordinance), Vail Town Code, is hereby amended in part as follows (text to be
deleted is in strikethre irrh text that is to be added is bold, and sections of text that
are not amended have been omitted): Aff
B. Applicability: The provisions of this section shall apply to dwelling units in
all zone districts except the single-family residential (SFR), two-family
residential (R), aP4 two-family primary/secondary residential (PS), and Vail
Village Townhouse (VVT) districts.
SECTION 12. Section 12-24-1 , Inclusionary Zoning, Vail Town Code, is
hereby amended in part as follows (text to be deleted is in stFikethFeug4, text that is
to be added is bold, and sections of text that are not amended have been omitted):
B. This chapter shall apply to all new residential development and
redevelopment located within the following zone districts, except as provided
in section 12-24-5 of this chapter: Fqqq%
2. Vail Village Townhouse (VVT)
SECTION 13. Section 14-8-1 Site Development Standards, Inclusionary
Zoning, Vail Town Code, is hereby amended in part as follows (text to be deleted is
in strikethre irrh text that is to be added is bold, and sections of text that are not
amended have been omitted):
NJ 1%
Ordinance No. ,Series of 2011
4/3/2012 7
8-7-20
Zone Districts
Max.
Architectural
40'flat
See title 12,
Min.
Min. Deck
Min. Deck
Into Setback
Max.
EHU
Building
(Ground
(Not
Density
Allowance
Setbacks
Level)
Ground
way may
Setback
Level)
subject a
Setback
Residential Districts
of-way permit.
VVT Vail
Existing
Type III
20'front
May May
Village
number of
and Type
20'rear
project not
project not
Townhouse
legally
IV,Type
20'sides
more than
more than
established
IV-IZ,Type
0'
the lesser
the lesser
units or 25
VII-IZ
between
of 10'or 1/2
of 5'or 1/2
per acre of
total site
area.
attached
dwelling
units
the
required
setback
the
required
setback
Max.
Architectural
40'flat
See title 12,
Projection
roof
chapter 10 of
Into Setback
Min.
Max.Site
Land-
sloping
scape
"'4Coverage
1—
14
rea
Ordinance No. ,Series of 2011 g
4/3/2012
8-7-21
Min. Lot Size
(Buildable Area In
Sq. Ft.) Min. Max.
Min. Square Building Parking And
Frontage Area Height Loading
Location
4' 55% 20% 10,000 sq.ft.for 20'
comprehensive
development site;
2,000 sq.ft.for
individually platted
townhouse lots
n/a
40'flat
See title 12,
roof
chapter 10 of
this code.
43'
Existing
sloping
parking in
roof
street right-of-
way may
continue
subject a
revocable right-
of-way permit.
SECTION 14. If any part, section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid, such decision shall not effect the
validity of the remaining portions of this ordinance; and the Vail Town Council
hereby declares it would have passed this ordinance, and each part, section,
subsection, sentence, clause or phrase thereof, regardless of the fact that any one
or more parts, sections, subsections, sentences, clauses or phrases be declared
invalid.
SECTION 15. The Vail Town Council hereby finds, determines and declares
that this ordinance is necessary and proper for the health, safety and welfare of the
Town of Vail and the inhabitants thereof. The Council's finding, determination and
declaration is based upon the review of the criteria prescribed by the Town Code of
Vail and the evidence and testimony presented in consideration of this ordinance.
SECTION 16. The amendment of any provision of the Town Code of Vail as
provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any
prosecution commenced, nor any other action or proceeding as commenced under
or by virtue of the provision amended. The amendment of any provision hereby
shall not revive any provision or any ordinance previously repealed or superseded
unless expressly stated herein.
SECTION 17. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance,
or part thereof, theretofore repealed.
AMENION.- IqU6�� %k
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this day of , 2011 and a
public hearing for second reading of this Ordinance set for the day of ,
2011 , at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. ,Series of 2011
4/3/2012 9
8-7-22
DRAFT RESOLUTION NO.
Series of 2011
A RESOLUTION AMENDING CHAPTER VII, VAIL VILLAGE SUB-AREAS, EAST GORE
CREEK SUB-AREA (#6), VAIL VILLAGE MASTER PLAN TO INCLUDE
RECOMMENDATIONS RELATED TO A NEW VAIL VILLAGE TOWNHOUSE (VVT)
DISTRICT, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Chapter VIII, Implementation and Amendment, Vail Village Master
Plan, sets forth the procedures for amending the Town's Zoning Regulations; and,
WHEREAS, the adoption of the Vail Village Townhouse (VVT) District necessitates
associated updates to the Vail Village Master Plan; and,
WHEREAS, the purpose of the amendments is to establish recommendations and
design considerations for the redevelopment of existing townhouse properties in Vail
Village; and,
WHEREAS, the purpose of the amendments is to preserve the existing character of
the townhouse properties in Vail Village and to preserve the existing character of the
neighborhood; and,
WHEREAS, on , 2011 the Town of Vail Planning and Environmental
Commission held a public hearing on the application to amend the Town's Zoning
Regulations and establish the Vail Village Townhouse District and associated
amendments to the Vail Village Master Plan; and,
WHEREAS, the Town of Vail Planning and Environmental Commission forwarded a
recommendation of for the proposed Vail Village Master Plan amendments to the
Vail Town Council by a vote of ; and,
WHEREAS, the Vail Town Council finds and determines that the amendments
consistent with the applicable elements of the adopted goals, objectives and policies
outlined in the Vail Comprehensive Plan and compatible with the development
objectives of the town; and,
WHEREAS, the Vail Town Council finds and determines that the amendment to the
Vail Village Master Plan further the general and specific purposes of the plan; and,
WHEREAS, the Vail Town Council finds and determines that the amendments
promote the health, safety, morals, and general welfare of the town and promote the
coordinated and harmonious development of the town in a manner that conserves and
enhances its natural environment and its established character as a resort and residential
community of the highest quality.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO THAT:
1
Resolution No. .Series oC20I It
4/3/2012
8-7-23
SECTION 1 . Chapter VII, Vail Village Sub-Areas, East Gore Creek Sub-Area (#6),
Vail Village Master Plan, is hereby amended in part as follows (text to be deleted is
in strikethrG irvh text that is to be added is bold, and sections of text that are not
amended have been omitted):
EAST GORE CREEK SUB AREA (#6)
A number of the earliest projects developed in Vail are located in the East
Gore Creek Sub-Area. Development in this area is exclusively multi-family
condominium and townhouse projects with a limited amount of support
commercial. Surface parking is found at each site, which creates a
dominant visual impression of the sub-area.
While the level of development in East Gore Creek is generally greater than
that allowed under existing zoning, this area has the potential to absorb
density without compromising the character of the Village. These T#Fs
developments could be accommodated by partial infills of existing parking
areas balanced by greenspace additions or through increasing the height of
existing buildings (generally one story over existing heights). In order to
maintain the architectural continuity of projects, additional density should be
considered 614 in conjunction with the comprehensive redevelopment of
projects or individual units. There are several townhouse properties
within this sub-area which were platted and/or constructed under Eagle
County jurisdiction. These townhouse properties are nonconforming
with the many of development standards (including, but not limited to
density, gross residential floor area, setbacks, site coverage, landscape
area) of the High Density Multiple Family (HDMF) District. It is
recommended that greater flexibility with the development standards
0 may be necessary to allow these townhouse projects to redevelop. This
flexibility may be achieved through the rezoning to the Vail Village
Townhouse (VVT) District. However, the granting of variances from the
HDMF District or rezoning to the Vail Village Townhouse (VVT) District
should consider potential impacts to the character of the
neighborhood.
Clearly, one of the main objectives to consider in the redevelopment of any
property should be to improve existing parking facilities. This includes
satisfying parking demands for existing and additional development- well
The
opportunity to introduce below grade structured parking will greatly improve
pedestrian ization and landscape features in this area. This should be
considered a goal of any redevelopment proposal in this sub-area.
Development or redevelopment of this sub-area may attract additional
traffic and population into this area and may have significant impacts upon
portions of Sub-Areas 7 and 10.
2
Resolution No. Series of 2011
4/3/2012
8-7-24
There are several existing townhouse properties in the East Gore Creek
Sub-Area, including the Vail Townhouse Condominiums, Vail Row
Houses, Vail Trails Chalet, Vail Trails East, and Texas Townhomes.
These design considerations provide recommendations for the
redevelopment of these properties. The purpose of these design
considerations is to preserve the unique character of the existing
townhouse properties in Vail Village. Redevelopment should be
consistent with the existing pedestrian-oriented, urban character of Vail
Village. All demo/rebuild and new construction projects in the Vail
Village Townhouse District shall comply with these guidelines. It is
understood that renovations to existing buildings may be unable to
fully comply with some of these design considerations.
Redevelopment to existing buildings will be evaluated on a case-by-
case basis, with determination of compliance based upon whether the
renovation to an existing building meets the general intent of these
design considerations.
A. Zoning: The existing townhouse properties in the East Gore Creek
Sub-Area including the Vail Townhouse Condominiums, Vail Row
Houses, Vail Trails Chalet, Vail Trails East, and Texas Townhomes
should be rezoned from the High Density Multiple-Family (HDMF)
District to the Vail Village Townhouse (VVT) District.
MIL qua&,
B. Development Pattern: Townhouse properties in the East Gore Creek
Sub-Area should exhibit the appearance and characteristics of a
residential row style development. Buildings should face the street and
appear to be a series of proportionally sized, individual dwelling units
occupying the space from the ground to the roof that are attached
inline by shared side walls. Buildings should exhibit these
'(characteristics regardless of ownership patterns or the horizontal and
vertical subdivision of properties, and should create a perceived
dwelling unit occupying the space within a building from the ground to
the roof. it 1%
C. Architectural Theme: The existing architectural and aesthetic
character of the townhouse properties in Vail Village shall be
preserved. SAMW
1. Units: The architectural theme of each dwelling unit or
perceived dwelling unit (occupying the space within a building
from the ground to the roof) shall be expressed on all sides of
that unit to create an architecturally integrated unit.
2. Buildings: Townhouse buildings shall express an architectural
theme of either uniformity or individuality. To portray
architectural and aesthetic integrity, a combination of both
themes within a single building is discouraged.
3
Resolution No. Series of 2011
4/3/2012
8-7-25
a. Uniformity: Townhouse buildings may express a
singular, unified architectural theme in which every
perceived dwelling unit (occupying the space from ground
to the roof) in a building is composed of substantially the
same exterior design, materials, textures, and colors.
b. Individuality: Townhouse buildings may express an
individualistic architectural theme in which each perceived
dwelling unit (occupying the space from ground to the
roof) in a building varies in exterior design, materials,
textures, and colors; so that abutting units do not have the
same architectural treatment. This expression of
individuality among units must be balanced with the
character of the adjacent units and the building as a whole.
D. Building Form and Massing: Buildings shall step back from the front
property line to create the appearance of a two-story facade along the
street. For the purposes of these design considerations, a story is
considered the space between the surface of any floor and the next
floor or ceiling above, not exceeding 11 feet in height.
The front facade of the first floor or street level and the second floor
shall be located within 20 to 28 feet of the front property line. The front
facade of the third floor and any floors above shall step back 6 to 10
feet from the facade of the second floor below.
E. Street Edge: Front facade shall be generally parallel to the street and
form a strong, but irregular edge to the street. Front facades shall
generally align with adjacent units and buildings to create a sense of
street enclosure and continuity, but shall have enough offset between
units and buildings to create visual interest.
F. Facade: To reduce the appearance of building height and mass, and
to create a residential scale and character, all facades shall incorporate
vertical and horizontal articulation to reduce the appearance of building
height and mass and to foster the appearance of a residential
neighborhood. Facades should incorporate doors, decks, porches,
balconies, fenestration, recesses, bay windows, ornamentation, and
other traditional residential architectural elements. No facade shall
appear to be a large unbroken plane. To preserve the existing
pedestrian scale and residential character of the neighborhood,
dwelling unit entries are encouraged on the front of the building;
however, garage entries are strongly discouraged on the front facade.
G. Cantilevers: On the front facade, floor area cantilevered more than
three feet beyond the level below is strongly discouraged. Cantilevered
floor areas shall not be stacked or cantilevered atop one another.
4
Resolution No. Series of 20l l
4/3/2012
8-7-26
H. Roof Pitch: The primary roof form should be sloping with pitches
from 3:12 to 6:12. Secondary roofs should be sloping with pitches from
6:12 to 9:12. Flat roofs may have limited use as secondary roofs for
decks and mechanical equipment areas. Mansard roofs create the
perception of additional bulk and mass and are inconsistent with the
architectural character of the existing townhouse properties and the
existing neighborhood. Therefore, mansard roofs are discouraged.
I. Roof Ridge: The primary roof ridges shall be parallel with the front
facade of the building and should be oriented to not shed snow or rain
onto adjacent properties. To create visual interest and to reduce the
perception of building bulk and mass, roofs shall not create the
appearance of continuous ridges between units or buildings. Roof
ridges should be articulated by stepping in elevation and varying from
front to rear. Dormers and other secondary roof forms may also be
used minimize the perception of a continuous ridge.
J. Fences and Site Walls: Privacy fences and walls along the street are
discouraged, except to screen trash areas, utility equipment, and other
similar items.
K. Landscaping: Landscaping should be used to create privacy and to
soften the visual transition from roadways and parking areas to the
building fa(;ades. % M&h' 1%
L. Deck Rails: Deck rails shall be designed to minimize the perception
of additional building bulk and mass. Deck rails should incorporate
transparency, material changes, and stepping in alignment from other
building elements. Solid railings that appear to extend the exterior wall
material from below are discouraged.
M. Parking: Off-street parking should be located on at-grade surface
driveways or in below grade shared parking structures. Off-street
parking should not be accommodated with individual or shared
garages, carports, or parking structures on the first floor or street level.
#6-1 ReSidon+iol Infill Texas Townhomes/Vail Trails
Ad—d—i4iA_nnl fl A_A_r A—F rP-c0AP_Atm.nl deVeIE)P Rqe At r AAA At is wiSti.R- /�dditiGRal
TQQTTTTCIT
rl y ++ ororl hi in GGRj RGtOGn )niith o nA_mr�roheRGiV
cre�t�t crcc��-y�r�cvrr�nTCCrvrrcv-rcr�c�cvrrt�rcrrc-rrsnrc
rPrl PYP l Armen+ Gf eaGh rr„i,,,,+ To encourage redevelopment and to
maintain the existing character of the neighborhood, the Vail Village
Townhouse (VVT) District was established to grant additional gross
residential floor area over what was allowed under High Density
Multiple Family (HDMF) District zoning. A key factor in the redevelopment
of these properties will be to relocate required parking in underground
structures or a single unified structure serving all adjacent properties.
This will allow for increased landscaping and overall improvements to
5
Resolution No. Series of 2011
4/3/2012
8-7-27
pedestrian ways to create a park-like setting on the surface in this area.
Redevelopment shall maintain the existing character of the
neighborhood, with the appearance of two to three story buildings
along the street elevation. In all cases, the mature pines along Gore Creek
shall be maintained. Stream impact must be considered. Special emphasis
on 1.2, 2.3, 2.6, 3.1, 5.1 , 6.2.
#6-2 Manor Vail
Possible residential infill on portions of existing surface parking area and
additional floor to the two northern most buildings adjacent to Gore Creek.
Infill project must include addition of greenspace adjacent to East Mill Creek
and other adjoining pedestrian areas. Height of structure shall be limited to
prevent impacts on view to the Gore Range from Village core and Vail Valley
Drive. Present and future parking demand to be met on site. Traffic
considerations must be addressed. Special emphasis on 1 .2, 2.3, 2.6, 3.1 ,
4.1, 5.1 , 6.1
#6-3 Vail Row Houses
To encourage redevelopment, the Vail Village Townhouse (VVT) District
was established to grant additional gross residential floor area over
what was allowed under High Density Multiple Family (HDMF) District
zoning. Where possible, driveway widths shall be minimized and areas
for landscaping increased. Surface parking shall be improved when
redevelopment occurs using high quality landscape paver treatments
and the current post and chain parking delineation shall be replaced
with other methods to identify private parking. Redevelopment shall
maintain the existing character of the neighborhood, with the
appearance of two to three story buildings along the street elevation.
Improvements to the Gore Creek stream corridor, consistent with Town
policies, shall be considered with redevelopment applications. Special
emphasis on 1.2, 2.3, 2.6, 3.1, 5.1, 6.2.
b 6-3 _ - k
EAR
a ;i + VILLAGE I J 6 r -
•
6
Resolution No. Series of 2011
4/3/2012
8-7-28
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this day of ) 2011 .
Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
7
Resolution No. ,Series of 201 t
4/3/2012
8-7-29
Bill Gibson
From: Shelley Bellm
Sent: Tuesday, October 25, 20114:33 PM
To: Warren Campbell; Bill Gibson
Subject: FW:
FYI — I received this yesterday.
From: Dale Bugby [mai Ito:DBugby @VailResortRentals.Com]
Sent: Friday, October 21, 20114:55 PM
To: Shelley Bellm
Cc: Council Dist List; Stan Zemler; dboillot @reitlerbrown.com; Dick Parker; 'Gigi Pritzker'; 'Debbie Welles'
Subject:
Dear Planning and Environmental Commission Board Members:
The Vail Townhouse Condominiums (VTCA) located at 303 E. Gore Creek Drive lots 2-6 want to inform the
PEC that we have reviewed the proposed zoning district for our street and wish to ask for the following
modifications prior to submittal to the Town Council:
• VTCA's roof slope and other buildings in the new zoning area are the 3:12 or 4:12 range. The proposal allows for
up to 6:12 slope which we feel is more alpine or"Beaver Creek/ Bachelor Gulch" slope. If the goal is to maintain
the existing character and scale of these buildings, this new steeper slope will change that character.
• This new zoning was developed for redevelopment or new buildings. That is why privacy fences are not
encouraged as they envision main living areas on the second floor level where the better views are found. But the
VTCA, Texas Townhomes, Vail Trails East all have existing living areas on the street level where the parking,
driving and walking occur. Privacy fences are very nice for those units. None of these projects will be redeveloped
in the near future, but may be remodeled and fencing should be included for privacy.
• The GRFA ratio change is proposed to increase. The VTCA existing ratio is 0.76, which is GRFA (12,322.64 sf)
to lot area (16,214sf). The Galvin group thought a 1.5 ratio would encourage redevelopment (remember, this
rezoning was initiated by Chris Gavin for his proposed project combining 2 townhouse lots (8 & 9?) in the Vail
Rowhouses. He has since withdrawn his application but his architect is advising the TOV staff as the proposed
new rezoning continues through the process). The PEC and TOV Council have not decided on the GRFA ratio.
Galvin's group initially proposed 1.5 ratio, the PEC recommended 1.35 and the Council was considering 1.25? It
is the position of the VTCA that we will only support this re-zoning with the 1.5 GRFA allocation.
We want to thank the planning department for giving us the time to better understand this zoning proposal. We look
forward to working with you on this process that will impact our property values and remodeling potential for years to
come.
Sincerely,
Vail Townhouse Condominium Association
Board of Directors
Dale Bugby
Managing Agent for VTCA
1
4/3/2012
8-7-30
President
Vail Resort Rentals, Inc.
970-476-0900
www.vailresortrentals.com
Vistar Real Estate, Inc.
970-476-6223
www.vistarrealestate.com
cc: Stan Zemler
TOV Board Members
Dale Bugby
Vail Resort Rentals, Inc.
970-476-0900
www.vailresortrentals.com
Vistar Real Estate, Inc.
970-476-6223
www.vistarrealestate.com
2
4/3/2012
8-7-31
Bill Gibson
From: David Reynolds <davidhreynolds @hotmail.com>
Sent: Tuesday, November 08, 20112:17 PM
To: Bill Gibson
Subject: Townhouse Zone District
Dear Mr. Gibson,
I am aware that he Town of Vail Planning and Environmental Commission will be
considering the Vail Village Townhouse District during the meeting of November 14, 2011.
As an owner of a unit in Vail Trails Chalet, and a member of the board of managers, I
wish to express my support for the revised ordinance.
I request that a full basement exemption be allowed or that the GRFA be 1.5.
Thank you for your consideration.
David H Reynolds
1955 Fox Mountain Point
Colorado Springs, Colorado 80906
i
4/3/2012
8-7-32
Bill Gibson
From: Jim Butterworth <jim @butterworth.net>
Sent: Wednesday, November 09, 20118:23 AM
To: Bill Gibson
Cc: Warren Campbell
Subject: Re:Vail Village Town House Zoning District
Attachments: image001.png; image002.png
Dear Bill and Warren, my understanding is that this matter is moving to the PEC on the 14th. I know you've been working on
this project for a LONG time! With respect to the PEC meeting on Monday, I'd respectfully suggest that the PEC allow either a
full basement exemption or for the GRFA ratio to be 1.5.
1 appreciate your consideration of this request!
All the best,Jim
From: Bill Gibson <BGibson @vailgov.com>
Date: Fri, 23 Sep 201121:37:43 +0000
To:Jim Butterworth <iim @butterworth.net>
Subject: RE: Vail Village Town House Zoning District
Thanks for your email Jim.
We will be tabling this item to at least the October 10th PEC, but may tabled it out even further to the hearing on the
24th.
Sincerely,
Bill
Bill Gibson, AICP
Town Planner
Community Development
TOWN OF VIAIL
970.479.2173
970.479-2452 fax
vailgov.com
twitter.com/vailgov
1
4/3/2012
8-7-33
From: Jim Butterworth [mailtojim(Dbutterworth.net]
Sent: Wednesday, September 21, 2011 11:59 AM
To: Bill Gibson; Warren Campbell
Subject: Vail Village Town House Zoning District
Dear Warren and Bill:
As you know I have been following the proposed Town House district very closely. I would like the attend the
next hearing on this proposal but I have a conflict on September 26th and cannot make the meeting. I would
like to request that you table the proposal to the October 10th meeting date of the PEC so that I might have
the opportunity to speak at the meeting and provide me with a little more time to evaluate the
proposal. Please let me know if you are able to accommodate my request and I appreciate your
consideration.
And thank you for your tireless work on this proposal!
Sincerely,
Jim Butterworth
2
4/3/2012
8-7-34
Vail Village Townhouse
( VVT ) Zone District
Existing GRFA
Calculation Formulas
Town of Vail Community Development
10/19/10
Existing Allowable GRFA Formula
• A = lot Size x 0 . 76 ( HDMF GRFA ratio)
• B = A x 0. 15 (interior conversion equivalent)
• C = units x 250 ( 250 equivalent)
• A+ B+C = Existing Allowable GRFA (sq .ft . )
• GRFA / Lot Size = Allowable GRFA Ratio
Town of Vail Community Development
10/19/10
Existing Allowable GRFA Ratio
• Vail Townhouses :
• Vail Row Houses :
• Vail Trails Chalet :
• Vail Trails East :
• Texas Townhornes :
1 . 04
0 . 96 to 1 .09
1 . 13
1 . 18
0 . 98 to 1 .09
Town of Vail Community Development
10/19/10
Existing Allowable GRFA Ratio
( plus 250's prior to 2004 )
• Vail Townhouses :
• Vail Row Houses :
• Vail Trails Chalet :
• Vail Trails East :
• Texas Townhornes :
1 . 33
1 . 16 to 1 .43
1 . 50
1 . 59
1 . 20 to 1 .41
Town of Vail Community Development
10/19/10
Existing Allowable GRFA Ratio
( based upon built conditions )
• Vail Townhouses :
• Vail Row Houses :
• Vail Trails Chalet :
• Vail Trails East :
• Texas Townhornes :
1 . 13
0 . 76 to 1 . 53
1 . 27
1 . 32
0 . 88 to 1 . 21
Town of Vail Community Development
10/19/10
V ail Village Townhouse
( VVT ) Zone District
1 . 25 vs 1 . 35
GRFA Ratios
Town of Vail Community Development
10/19/10
Townhouses
(11 units)
Vail Trails 18,644 23,305 25,169 11864 98
Chalets
(19 units)
Vail Trails
East
20,735 25,919 27,992 21073
8-7-41
m
Lot 7 (2 units)
21744
31430
31704
—EW274
Lot 8 (2 units)
21614
31268
31529
261
Lot 9 (1 unit)
21396
21995
31235
240
Lot 10 (2 units)
21265
21831
31058
227
Lot 11 (2 units)
21309
21886
31117
231
Lot 12 (2 units)
21919
31649
31941
292
Lot 13 (2 units)
51750
71188
71763
575
8-7-42
Lot 1 (1 unit)
Lot 2 (2 units)
Lot 3
(1 units)
Lot 4
(2 units)
Lot 5
(2 units)
Lot 6
(2 units)
Lot 7
(2 units)
Lots 8 & 9
(2 units)
21352
21309
21886
31117 '
21352
21940
31175
235
21309
21886
31117
231
21352
21940
31175
235
21352
21940
31175
235
21352
21940
31175
235
21352
21940
31175
235
31920
41900
51292
392
8-7-43
Vail Village Townhouse
( VVT ) Zone District
Example Roof Eave
Heights
Town of Vail Community Development
10/19/10
8-7-45
8-7-46
8-7-47
8-7-48
8-7-49
8-7-50
8-7-51
8-7-52
8-7-53
PLANNING AND ENVIRONMENTAL COMMISSION
0 November 14, 2011
1:00pm
TOWN OFVAIL)�
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road W. -Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Luke Cartin Bill Pierce
Pam Hopkins
Michael Kurz
Henry Pratt
John Rediker
Tyler Schneidman
45 minutes
1. 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: Recommendation of Approval with Modification(s)
MOTION: Schneidman SECOND: Hopkins VOTE: 4-1-1 (Rediker opposed and Pratt
recused)
Commissioner Pratt recused due to a conflict of interest.
Commissioner Kurz was appointed chairman for this item.
Bill Gibson gave a presentation per the staff memorandum.
Commissioner Hopkins asked for clarification on Staff's recommendation of a 1.25 GRFA ratio
verses the 1.35 GRFA previously recommended by the Commission. She stated she was
concerned about allowing roof pitches up to 6:12 when the existing roofs generally have
shallower pitches. She believes a 6:12 pitch is too steep to maintain the existing architectural
vocabulary. She recommended allowing 3:12 to 4:12 roof pitches instead of 3:12 to 6:12
pitches.
Commissioner Cartin asked Staff to inform the Town Council that there are numerous
unresolved street right-of-way issues east of Vail Valley Drive that have not been addressed with
the proposed master plan amendments.
Dominic Mauriello, representing the Galvins, spoke to the positive outcome of the past several
years of review. He highlighted the history of Staff's recommendation of a 1.25 GRFA ratio and
noted that this recommendation was made prior to the additional design guidelines being added
to the master plan. He made an argument for a 1.5 GRFA ratio or a 1.35 GRFA ratio that
involves not counting any of the basement level in the GRFA calculations. He noted the property
owner letters supporting a 1.5 GRFA ratio.
Page 1
4/3/2012
8-8- 1
John Dunn, representing Barbara and Dolph Bridgewater, stated again for the record his client's
concerns with this proposal and its potential unintended consequences to the historical nature of
the neighborhood.
Commissioner Kurz spoke in regard to the roof pitch guidelines being reduced in order to
preserve the existing architectural character and whether or not a full basement deduction
should be incorporated into the GRFA calculations. He noted that the PEC has discussed GRFA
at great length and he believes a 1.35 GRFA ratio is appropriate.
Commissioner Hopkins spoke to the zone district benefitting new construction more than existing
over/under units.
Commissioner Cartin recommended not changing the GRFA basement deduction method. He
supported reducing the allowable roof pitches to 3:12 to 4:12 to protect the existing architectural
character of the neighborhood.
Commissioner Schneidman noted his support the proposed zone district, the discussed changes
to the roof pitch guidelines, and a 1.35 GRFA ratio.
Commissioner Kurz asked Dominic Mauriello to speak to the roof pitch changes being
discussed.
Dominic Mauriello believes the 3:13 to 6:12 range allows for more flexibility and variety, but his
clients would not be opposed to the discussed change. He also spoke to his knowledge that the
Vail Trails East and Vail Trails Chalets are both considering complete demolition as a
redevelopment scenario.
Commissioner Kurz supported changing the allowable roof pitches to 3:12 to 4:12.
Commissioner Schneidman made a motion to forward a recommendation of approval to the
Town Council with the modification that the roof pitch guideline be changes from 3:12 to 6:12 to
a guideline of 3:12 to 4:12.
5 minutes
2. 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 28, 2011
MOTION: Kurz SECOND: Schneidman VOTE: 6-0-0
5 minutes
3. 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 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 28, 2011
MOTION: Kurz SECOND: Schneidman VOTE: 6-0-0
5 minutes
Page 2
4/3/2012
8-8-2
4. A request for findings of fact and a determination of accuracy and completeness, pursuant to
Chapter 12-3, Administration and Enforcement, Vail Town Code, and Article 12-7B, Commercial
Core 1 District, Vail Town Code, for applications for a major exterior alteration, pursuant to
Section 12-713-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the
addition of GRFA (Rucksack Building), located at 288 Bridge Street, Unit R-2/ Part of Lots C & D,
Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110045); and a
major exterior alteration, pursuant to Section 12-713-7, Major Exterior Alterations or Modifications,
Vail Town Code, to allow for additions of enclosed floor area; a variance, pursuant to Chapter
12-17, Variances, Vail Town Code, from Section 12-14-17, Setback from Watercourse, Vail
Town Code, to allow for encroachments into the Mill Creek setback and a variance, pursuant to
Chapter 12-17, Variances, Vail Town Code, from Section 12-713-15, Site Coverage, Vail Town
Code, to allow for additions of enclosed floor area in excess of allowable site coverage, located
at 288 Bridge Street, Unit R-1 (Rucksack Building)/ Part of Lots C & D, Block 5A, Vail Village
Filing 1, and setting forth details in regard thereto. (PEC110046, PEC110050)
ACTION: Tabled to November 28, 2011
MOTION: Kurz SECOND: Schniedman VOTE: 6-0-0
5. Approval of October 24, 2011 minutes
MOTION: Kurz SECOND: Cartin VOTE: 6-0-0
6. Information Update
7. Adjournment
MOTION: Cartin SECOND: Schniedman VOTE: 5-0-0
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-hour notification. Please call (970)
479-2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published November 11, 2011, in the Vail Daily.
Page 3
4/3/2012
8-8-3
K�
TOWN OF VA105
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: April 3, 2012
ITEM/TOPIC: First reading of Ordinance No. 6, Series of 2012, an ordinance reestablishing
"temporary business office" as a conditional use within the Lionshead Mixed Use 1 District,
and setting forth details in regard thereto.
PRESENTER(S): Warren Campbell
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with
modifications, or deny Ordinance No. 6, Series of 2012, upon first reading.
BACKGROUND: On November 16, 2004, the Vail Town Council adopted Ordinance No. 26,
Series of 2004. This ordinance created the "temporary business office" land use and
established it as a conditional use within the Lionshead Mixed use 1 District. Within the
ordinance there was a provision causing the land use to cease being a conditional use on
December 31, 2008. The purpose of the text amendment was to provide adequate temporary
sites and locations for existing business offices currently in Lionshead that are displaced for a
period of time during construction in Lionshead.
On March 5, 2012, the Planning and Environmental Commission unanimously forwarded a
recommendation of approval to reestablish "temporary business office" as a conditional use
within the Lionshead Mixed Use 1 District.
STAFF RECOMMENDATION: The Planning and Environmental Commission recommends
the Vail Town Council approves Ordinance No. 6, Series of 2012, on first reading.
ATTACHMENTS:
Memorandum to Town Council
Ordinance No. 6, Series of 2012
March 5, 2012 Planning and Environmental Commission memorandum
4/3/2012
TOWN OF VAIL '
Memorandum
TO: Vail Town Council
FROM: Community Development Department
DATE: April 3, 2012
SUBJECT: First reading of Ordinance No. 6, Series of 2012, an ordinance reestablishing
"temporary business office" as a conditional use within the Lionshead Mixed Use
1 District, and setting forth details in regard thereto.
Applicant: Town of Vail
Planner: Warren Campbell
I. DESCRIPTION OF REQUEST
The Town of Vail is requesting to reestablish the temporary business office land use as
a conditional use in the Lionshead Mixed Use 1 District. The reestablishment of this
land use will continue to allow the community to temporarily accommodate business
office space needs that have been displaced due to redevelopment. This ordinance is
not intended to circumvent the horizontal zoning regulations.
II. ACTION REQUESTED OF THE VAIL TOWN COUNCIL
Does the Vail Town Council want to reestablish temporary business offices as a
conditional use within the Lionshead Mixed Use 1 District?
The Vail Town Council shall approve, approve with modifications, or deny Ordinance
No. 6, Series of 2012 upon first reading.
III. BACKGROUND
• On September 16, 1975, the Vail Town Council adopted Ordinance No. 16,
Series of 1975. This ordinance has become known as the "Ordinance Amending
the Zoning Ordinance by Imposing Horizontal Zoning in CCI". The legislative
intents of Ordinance No. 16 were to maintain and preserve the nature and
character of Vail's commercial areas with a mixture of residential and commercial
uses; to promote and protect these areas as pedestrian areas; and to promote a
variety of retail shops at the pedestrian level by prohibiting business offices on
the first floor.
4 ; 2012
9- 1 - i
• On December 15, 1998, the Vail Town Council adopted the Lionshead
Redevelopment Master Plan. Amongst other purposes, a goal of the Master
Plan is to facilitate the redevelopment of the Lionshead Core Site which is
identified in the Master Plan as the "Lionshead Retail Core".
• On October 11, 2004, the Planning and Environmental Commission, forwarded a
recommendation of approval to the Vail Town Council for the adoption of a
"temporary business office" land use and for its incorporation as a conditional use
within the Lionshead Mixed Use 1 District.
• On November 16, 2004, the Vail Town Council adopted Ordinance No. 26,
Series of 2004. This ordinance created the "temporary business office" land use
and established it as a conditional use within the Lionshead Mixed Use 1 District.
The ordinance was set to become null and void on December 31, 2008. The
purpose of the text amendment was to provide adequate temporary sites and
locations for existing business offices currently in Lionshead that are displaced
for a period of time during the construction in Lionshead.
• On July 9, 2007, the Planning and Environmental Commission forwarded a
recommendation of approval for amendments to the temporary business office
regulations. On August 7, 2007, the Vail Town Council adopted Ordinance No.
22, Series of 2007, which amended the definition of temporary business offices
and established use specific criteria to allow temporary business offices for a
period of more than three years. There was no sunset placed upon these
regulations.
IV. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION
On March 5, 2012, the Planning and Environmental Commission forwarded a
recommendation of approval to reestablish temporary business office as a conditional
use in the Lionshead Mixed Use 1 District.
Should the Vail Town Council choose to approve Ordinance No. 6, Series of 2012, upon
first reading, the Community Development Department recommends the Council passes
the following motion:
"The Vail Town Council approves Ordinance No. 6, Series Of 2012, an
ordinance amending Section 12-7H-3, Permitted and Conditional Uses,
First Floor or Street Level, Vail Town Code, pursuant to Section 12-3-7,
Amendment, Vail Town Code, adding "Temporary Business Office"as a
conditional use in the Lionshead Mixed Use 1 Zone District, and setting
forth details in regard thereto."
Town of Vail Page 2 4 3 20 12
9- 1 -2
Should the Vail Town Council choose to approve Ordinance No. 6, Series of 2012, the
Community Development Department recommends the Council makes the following
findings:
"Based upon the review of the criteria outlined in the March 5, 2012
memorandum to the Planning and Environmental Commission, and the evidence
and testimony presented, the Vail Town Council finds.
1) That the amendment is consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail Comprehensive
Plan and is compatible with the development objectives of the town, and
2) That the amendment furthers the general and specific purposes of the
zoning regulations, and
3) That the amendment promotes the health, safety, morals, and general
welfare of the town and promotes the coordinated and harmonious
development of the town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential
community of the highest quality."
V. ATTACHMENTS
A. Ordinance No. 6, Series of 2012 draft
B. Planning and Environmental Commission memorandum dated March 5, 2012
Town of Vail Page 3 4 3 20 12
9- 1 -3
ORDINANCE NO. 6
SERIES OF 2012
ORDINANCE NO. 6, SERIES OF 2012, AN ORDINANCE AMENDING SECTION 12-
7H-3, PERMITTEDAND CONDITIONAL USES, FIRST FLOOR OR STREET LEVEL,
ADDING "TEMPORARY BUSINESS OFFICE" AS A CONDITIONAL USE IN THE
LIONSHEAD MIXED USE 1 DISTRICT, AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule municipal corporation duly organized and existing under laws of
the State of Colorado and the Vail Town Charter;
WHEREAS, the Vail Town Council found that the redevelopment of Lionshead
would cause the displacement of business offices: and
WHEREAS, the Vail Town Council found that the preservation of business offices
within the town was necessary to maintain established community qualities and
economic values and prevent their relocation outside of the town; and
WHEREAS, the Vail Town Council adopted Ordinance No. 26, Series of 2004, on
November 16, 2004, which established "temporary business office" as a conditional use
in the Lionshead Mixed Use 1 District and created a definition for the land use in order
to maintain business offices within the town on a temporary basis; and
WHEREAS, Ordinance No. 26, Series of 2004, contained a provision in Section 2
causing the Ordinance to become null and void and the temporary business office to
cease being a conditional use on December 31, 2008; and
WHEREAS, the Vail Town Council adopted Ordinance No. 22, Series of 2007, on
August 7, 2007, which amended the definition for temporary business office and
established use specific criteria and standards for the land use within Chapter 16,
Ordinance No.6,Series of 2012
4/3/2011
9-2- 1
Conditional Use Permits, Vail Town Code; and
WHEREAS, Section 12-2-2 Definitions of Words, Vail Town Code, defines a
temporary business office as, "An office for the conduct of general business and service
activities and transactions for a limited time period to accommodate the temporary
displacement of an existing business office within the town of Vail due to redevelopment
construction activities."
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; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail
recommended approval of these amendments at its March 5, 2012 public hearing, and
has submitted its recommendation to the Vail Town Council; and
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; and
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; and
WHEREAS, the Vail Town Council considers it in the interest of the public health,
safety, and welfare to adopt these amendments to the Town Code.
Ordinance No.6,Series of 2012
4/3/20 Q
9-2-2
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. The purpose of this ordinance is to reestablish temporary business
office as a conditional use within the Lionshead Mixed Use 1 District. (Text that is to be
deleted is r+r . Text that is to be added is bold. Sections of text that are not
amended may be omitted.)
Section 2. Section 12-7H-3 (in part) is hereby amended as follows:
12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET
LEVEL:
A. Permitted Uses: The following uses shall be permitted on the first floor or
street level within a structure:
Banks, with walk-up teller facilities.
Child daycare centers.
Eating and drinking establishments.
Employee housing units, as further regulated by chapter 13 of this title.
Recreation facilities.
Retail stores and establishments.
Skier ticketing, ski school and skier services.
Travel and ticket agencies.
Additional uses determined to be similar to permitted uses described in
this subsection, in accordance with the provisions of section 12-3-4 of this
title.
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:
Accommodation units.
Attached accommodation units.
Beauty and barber shops.
Conference facilities and meeting rooms.
Electronics sales and repair shops.
Financial institutions, other than banks.
Liquor stores.
Lodges.
Major arcades.
Ordinance No.6,Series of 2012
4/3/201
9-2-3
Multiple-family residential dwelling units, timeshare units, fractional fee
clubs, and lodge dwelling units.
Temporary business offices.
Theaters.
Additional uses determined to be similar to conditional uses described in
this subsection, in accordance with the provisions of section 12-3-4 of this
title.
Section 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 4. The 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 5. 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 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
Ordinance No.6,Series of 2012
4/3/201
9-2-4
INTRODUCED, READ ON FIRST READING, APPROVED, AND
ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of April,
2012, and a public hearing for second reading of this Ordinance set for the 17f" day of
April, 2012, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
Andrew P. Daly, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND
ORDERED PUBLISHED IN FULL this 17f" day of April, 2012.
Andrew P. Daly, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No.6,Series of 2012
4/3/20 5
9-2-5
TOWN OF VAIL '
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: March 5, 2012
SUBJECT: A request for a recommendation to the Vail Town Council for a proposed
text amendment, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to Section 12-71-1-3, Permitted and Conditional Uses, First Floor or
Street Level, Vail Town Code, to reestablish "temporary business offices"
as a conditional use in the Lionshead Mixed Use 1 District, and setting
forth details in regard thereto. (PEC120007)
Applicant: Town of Vail
Planner: Warren Campbell
I. SUMMARY
The Town of Vail is requesting to reestablish the temporary business office land
use as a conditional use in the Lionshead Mixed Use 1 District. The proposed
reestablishment of this land use will continue to allow the community to address
business office space needs as a result of continued redevelopment.
Based upon staff's review of the criteria in Section V of this memorandum, the
Community Development Department recommends that the Planning and
Environmental Commission forward a recommendation of approval to the Vail
Town Council of the requested text amendment, subject to the findings noted in
Section VI of this memorandum.
II. DESCRIPTION OF THE REQUEST
The proposed text amendments are as follows:
(deletions are shown in strike through/additions are shown bold)
12-71-1-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET
LEVEL:
A. Definition: The "first floor"or "street level"shall be defined as that floor of
the building that is located at grade or street level along a pedestrianway.
4/3/2012
9-3- I
B. Permitted Uses: The following uses shall be permitted on the first floor or
street level within a structure:
Banks, with walk-up teller facilities.
Eating and drinking establishments.
Recreation facilities.
Retail stores and establishments.
Skier ticketing, ski school, skier services, and daycare.
Travel agencies.
Additional uses determined to be similar to permitted uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title.
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:
Barbershops, beauty shops and beauty parlors.
Conference facilities and meeting rooms.
Financial institutions, other than banks.
Liquor stores.
Lodges and accommodation units.
Multiple-family residential dwelling units, timeshare units, fractional fee clubs,
lodge dwelling units, and employee housing units (type 111 (EHU) as provided in
chapter 13 of this title).
Radio, TV stores, and repair shops.
Temporary Business Offices
Additional uses determined to be similar to conditional uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title.
III. BACKGROUND
On September 16, 1975, the Vail Town Council adopted Ordinance No. 16,
Series of 1975. This ordinance has become known as the "Ordinance Amending
the Zoning Ordinance by Imposing Horizontal Zoning in CCI". The legislative
intents of Ordinance No. 16 were to maintain and preserve the nature and
character of Vail's commercial areas with a mixture of residential and commercial
uses; to promote and protect these areas as pedestrian areas; and to promote a
variety of retail shops at the pedestrian level by prohibiting business offices on
the first floor.
On December 15, 1998, the Vail Town Council adopted the Lionshead
Redevelopment Master Plan. Amongst other purposes, a goal of the Master
Plan is to facilitate the redevelopment of the Lionshead Core Site which is
identified in the Master Plan as the "Lionshead Retail Core".
On October 11 , 2004, the Planning and Environmental Commission, forwarded a
recommendation of approval to the Vail Town Council for the adoption of a
Town of Vail Page 2
4/3/2012
9-3-2
"temporary business office" land use and for its incorporation as a conditional use
within the Lionshead Mixed Use 1 District. This land use was created in
response to the displacement of existing offices by the construction of the
Arrabelle.
On November 16, 2004, the Vail Town Council adopted Ordinance No. 26,
Series of 2004. This ordinance created the "temporary business office" land use
and established it as a conditional use within the Lionshead Mixed Use 1 District.
The ordinance was set to become null and void on December 31 , 2008.
On July 9, 2007, the Planning and Environmental Commission forwarded a
recommendation of approval for amendments to the temporary business office
regulations. On August 7, 2007, the Vail Town Council adopted Ordinance No.
22, Series of 2007, which amended the definition of temporary business offices
and established use specific criteria to allow temporary business offices for a
period of more than three years. There was no sunset placed upon these
regulations.
IV. APPLICABLE DOCUMENTS
SECTION 12-2-2, DEFINITIONS
OFFICE, TEMPORARY BUSINESS: An office for the conduct of general
business and service activities and transactions for a limited time period to
accommodate the temporary displacement of an existing business office within
the town of Vail due to redevelopment construction activities.
ARTICLE 12-7H: LIONSHEAD MIXED USE 1 (LMU-1) DISTRICT (in part)
Section 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, time shares, 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 District by establishing appropriate site development
standards. This 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
Town of Vail Page 3
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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.
Chapter 12-16: CONDITIONAL USES PERMITS (in part)
Section 12-16-1: Purpose; Limitations
In order to provide the flexibility necessary to achieve the objectives of this title,
specified uses are permitted in certain districts subject to the granting of a
conditional use permit. Because of their unusual or special characteristics,
conditional uses require review so that they may be located properly with respect
to the purposes of this title and with respect to their effects on surrounding
properties. The review process prescribed in this chapter is intended to assure
compatibility and harmonious development between conditional uses and
surrounding properties in the Town at large. Uses listed as conditional uses in
the various districts may be permitted subject to such conditions and limitations
as the Town may prescribe to insure that the location and operation of the
conditional uses will be in accordance with the development objectives of the
Town and will not be detrimental to other uses or properties. Where conditions
cannot be devised, to achieve these objectives, applications for conditional use
permits shall be denied.
Lionshead Redevelopment Master Plan
2.3.1 Renewal and Redevelopment
Lionshead can and should be renewed and redevelopment to become a warmer,
more vibrant environment for guests and residents. Lionshead needs an
appealing and coherent identity, a sense of place, a personality, a purpose, and
an improved aesthetic character.
2.3.2 Vitality and Amenities
We must seize the opportunity to enhance guest experience and community
interaction through expanded and additional activities and amenities such as
performing art venues, conference facilities, ice rinks, streetscape, parks and
other recreational improvements.
V. CRITERIA AND FINDINGS
The review criteria and factors for consideration for a request of a text
amendment are established in accordance with the provisions of Chapter 12-3-7,
Amendment, Vail Town Code.
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4/3/2012
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1. The extent to which the text amendment furthers the general and
specific purposes of the Zoning Regulations; and,
The proposed text amendment to reestablish temporary business office as a land
use furthers the general and specific purposes of the Zoning Regulations.
According to Section 12-1-2, Purpose, Vail Town Code, the general and specific
purposes of the Zoning Regulations are:
'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,
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."
Upon review of the stated purposes of the Zoning Regulations, staff believes that
reestablishment of this land use to allow temporary business office uses to
continue on the first floor or street level within the Lionshead Mixed Use 1 District
is compatible with the general purpose of the Zoning Regulations and the specific
purposes #5 and #6 above.
Staff believes the proposed text amendment will provide the Planning and
Environmental Commission with continued flexibility and discretion in regulating
temporary business offices to achieve the zoning regulation's purpose of
Town of Vail Page 5
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promoting coordinated and harmonious development. The proposed text
amendment will allow the Commission the ability to continue to review the time
frame for a temporary business office on a case-by-case basis in response to the
specific circumstances of the request. Therefore, Staff believes the proposed
text amendments further the general and specific purposes of Title 12.
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,
The reestablishment of the temporary business office land use will continue to
provide adequate temporary sites and locations for existing business offices that
are displaced as a result of redevelopment. This amendment will continue to
lessen the negative impacts associated with completion of improvements in
accordance with the goals, objectives and policies outlined in the Town's
Comprehensive Plan. Additionally, this amendment will continue to ensure that
existing business in Vail will remain located within the community. It is possible
that if this amendment were not approved, certain business office operations
could be lost to more permanent locations down valley.
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,
The reestablishment of the temporary business office land use is in response to a
continued need to have the established land use and process for allowing
displaced offices to remain in Vail. These amendments were initially adopted
with a sunset provision of four (4) years, expiration on December 31 , 2008, to
cover the anticipated redevelopment construction period. As identified in the
initial adoption of these regulations "the construction of the Lionshead Core Site
Hotel and the unintended consequences that construction of the hotel will have
on existing business offices and mountain operations creates the need for this
text amendment." Staff believes the reestablishment of this land use is
necessary to continue to address the displacement of existing offices as a result
of redevelopment. The economic downturn has changed conditions by extending
the initially anticipated redevelopment period.
When the Planning and Environmental Commission forwarded a
recommendation of approval for amendments to the temporary business office
regulations in July of 2007 and the Vail Town Council adopted Ordinance No. 22,
Series of 2007, in August of 2007, there was no sunset clause placed upon the
amendments. Staff was not aware that there had been a sunset placed upon the
land use in Ordinance No. 26, Series of 2004. The discussion surrounding the
2007 amendments changing the definition of temporary business offices and
establishing use specific criteria for the evaluation of extensions beyond three
Town of Vail Page 6
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9-3-6
years did not include a sunset provision. Therefore, if approved, staff is not
suggesting that a sunset provision be placed upon the adoption ordinance
reestablishing temporary business offices as a conditional use.
4. The extent to which the text amendment provides a harmonious,
convenient, workable relationship among land use regulations consistent
with municipal development objectives; and,
Staff believes the reestablishment of the temporary business office land use will
continue to provide a harmonious, convenient, workable relationship among land
use regulations. The reestablishment of the land use and regulations will allow
for the continued achievement of the municipal development objectives.
5. Such other factors and criteria the Commission and/or Council deems
applicable to the proposed text amendment.
VI. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and
Environmental Commission forwards a recommendation of approval to the Vail
Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, to for
proposed text amendments to Section, 12-7H-3, Permitted and Conditional Uses,
First Floor or Street Level, Vail Town Code, to reestablish "temporary business
offices"as a conditional use in the Lionshead Mixed Use 1 District, 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 a proposed text
amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to
Section, 12-7H-3, Permitted and Conditional Uses, First Floor or Street
Level, Vail Town Code, to reestablish "temporary business offices"as a
conditional use in the Lionshead Mixed Use 1 District, and setting forth
details in regard thereto."
Should the Planning and Environmental Commission choose to forward a
recommendation of approval for this request, the Community Development
Department recommends the Commission makes the following findings:
Town of Vail Page 7
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9-3-7
'Based upon a review of the staff memorandum dated February 27, 2012, and
the evidence and testimony presented, the Planning and Environmental
Commission finds:
1) That the amendment is consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail Comprehensive
Plan and is compatible with the development objectives of the town; and
2) That the amendment furthers the general and specific purposes of the
zoning regulations; and
3) That the amendment promotes the health, safety, morals, and general
welfare of the town and promotes the coordinated and harmonious
development of the town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential
community of the highest quality."
Town of Vail Page 8
4/3/2012
9-3-8
K�
TOWN OF VA105
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: April 3, 2012
ITEM/TOPIC: Resolution No. 15, Series 2012, A Resolution Approving The Conveyance Of A
Portion of the Real Property Located at 75 South Frontage Road, Vail, Colorado (The Town
Hall Property) From The Vail, Colorado, Municipal Building Authority And Accepting Such
Property
PRESENTER(S): Matt Mire and George Ruther
ACTION REQUESTED OF COUNCIL: Approve Resolution No. 15, Series 2012
BACKGROUND: The real property described in Resolution No. 15, Series 2012, (the
"Property") was owned by the Vail, Colorado, Municipal Building Authority (the "Authority"), a
Colorado non-profit corporation. The Authority was originally incorporated in 1970 and again in
1985, for the purpose of financing the construction of Town facilities on the Property. Pursuant
to the Authority's Articles of Incorporation, The Authority was to convey the Property back to
The Town once all outstanding debt on the Property was fully satisfied. All outstanding debt
on the Property has been fully satisfied. On or about March 22, 2012, The Authority conveyed
the Property to the Town. The Town Council, via Resolution No 15, Series 2012 wishes to
approve such conveyance and accept the Property. The Council will then Authorize the
conveyance of the Property as set forth in Ordinance No 4, Series 2012.
STAFF RECOMMENDATION: Approve Resolution No. 15, Series 2012
ATTACHMENTS:
Resolution No. 15, Series of 2012
4 3 20 12
RESOLUTION NO. 15
SERIES 2012
A RESOLUTION APPROVING THE CONVEYANCE OF A PORTION OF
THE REAL PROPERTY LOCATED AT 75 SOUTH FRONTAGE ROAD,
VAIL, COLORADO (THE TOWN HALL PROPERTY) FROM THE VAIL,
COLORADO, MUNICIPAL BUILDING AUTHORITY AND ACCEPTING
SUCH PROPERTY
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule municipal corporation duly organized and existing under laws of
the State of Colorado and the Vail Town Charter;
WHEREAS, currently, the real property located at 75 South Frontage Road, Vail,
Colorado, more particularly described in Exhibit A, attached hereto and incorporated
herein by this reference (the "Property"), is owned by the Vail, Colorado, Municipal
Building Authority (the "Authority"), a Colorado non-profit corporation;
WHEREAS, the Authority was originally incorporated in 1970, and then again in
1985, with the purpose of financing the construction of Town facilities on the Property;
WHEREAS, pursuant to Article III, Section 3 of the Authority's Articles of
Incorporation, the Authority is only authorized to convey real property to the Town once
any outstanding debt on such real property is fully satisfied;
WHEREAS, pursuant to Article XI of the Authority's Articles of Incorporation, all
property of the Authority must be conveyed to the Town and to no other party;
WHEREAS, in 1985, in accordance with Article III, Section 3 of its Articles of
Incorporation, the Authority conveyed the other half of the real property located at 75
South Frontage Road, Vail, Colorado, to the Town, because the outstanding debt on
such property had been fully satisfied;
WHEREAS, similarly, all outstanding debt on the Property has been fully
satisfied;
WHEREAS, in accordance with Article III, Section 3 of its Articles of Incorporation
and pursuant to Resolution 2012-1, Series 2012, the Authority conveyed the Property to
Town by special warranty dated March 22, 2012. The resolution and the deed are
attached hereto as Exhibit B, and made a part hereof by this reference; and
WHEREAS, the Town Council wishes to approve such conveyance and accept
the Property.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
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1 . The Town Council hereby approves the conveyance of a portion of the
real property located at 75 South Frontage Road, Vail, Colorado, more particularly
described in Exhibit A attached hereto and incorporated herein by this reference, and
accepts such property on behalf of the Town.
INTRODUCED, PASSED AND ADOPTED AT A REGULAR MEETING OF THE
TOWN COUNCIL OF THE TOWN OF VAIL HELD THIS 3RD DAY OF APRIL, 2012.
Andrew P. Daly, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
4/3/20 122
10- 1 -2
EXHIBIT A
Property Address:
75 S Frontage Rd
Vail, Colorado 81657
County of Eagle, State of Colorado
Legal Description:
PARCEL 1 :
A PART OF THE SOUTHEAST QUARTER OF SECTION TOWNSHIP 5
SOUTH, RANGE 80 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF
EAGLE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION
THENCE NORTH 00 DEGREES 28 MINUTES 16 SECONDS WEST AND
ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER 72.75 FEET TO A
POINT, SAID POINT BEING 110.00 FEET NORTHEASTERLY FROM THE
SOUTHEASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. AS
MEASURED AT RIGHT ANGLES THERETO; THENCE NORTH 79 DEGREES
46 MINUTES 11 SECONDS WEST AND ALONG A LINE PARALLEL TO SAID
SOUTHEASTERLY RIGHT OF WAY LINE 145.50 FEET TO THE TRUE POINT
OF BEGINNING; THENCE NORTH 16 DEGREES 08 MINUTES 47 SECONDS
EAST, 63.50 FEET; THENCE NORTH 72 DEGREES 03 MINUTES 02
SECONDS WEST, 226.70 FEET; THENCE NORTH 68 DEGREES 08 MINUTES
34 SECONDS WEST, 201 .00 FEET; THENCE NORTH 66 DEGREES 43
MINUTES 48 SECONDS WEST, 164.39 FEET; THENCE CONTINUING ALONG
THE AFORESAID COURSE 238.00 FEET; THENCE SOUTH 25 DEGREES 53
MINUTES 00 SECONDS WEST, 47.79 FEET; THENCE SOUTH 41 DEGREES
24 MINUTES 53 SECONDS EAST, 183.50 FEET TO A POINT OF CURVE;
THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 197.40
FEET, A CENTRAL ANGLE OF 30 DEGREES 47 MINUTES 4 SECONDS, AN
ARC DISTANCE OF 106.10 FEET; THENCE SOUTH 72 DEGREES 12
MINUTES 37 SECONDS EAST, 183.50 FEET TO A POINT OF INTERSECTION
WITH THE NORTH RIGHT OF WAY LINE OF U.S. HIGHWAY NO. SAID
LINE BEING 110.00 FEET NORTHEASTERLY FROM THE SOUTHEASTERLY
RIGHT OF WAY LINE OF U.S. HIGHWAY NO. AS MEASURED AT RIGHT
ANGLES THERETO; THENCE SOUTH 79 DEGREES 46 MINUTES 11
SECONDS EAST AND ALONG SAID NORTH RIGHT OF WAY LINE 397.56
FEET TO THE TRUE POINT OF BEGINNING,
EXCEPTING THEREFROM THAT PORTION OF SAID PROPERTY
DESCRIBED IN DEED RECORDED JULY 14, 1971 IN BOOK 221 AT PAGE
4/3/20 123
10- 1 -3
Exhibit B
4/3/20124
10- 1-4
VAIL, COLORADO, MUNICIPAL BUILDING AUTHORITY
RESOLUTION NO. 2012-1
SERIES 2012
A RESOLUTION APPROVING THE CONVEYANCE OF A PORTION OF
THE REAL PROPERTY LOCATED AT 75 SOUTH FRONTAGE ROAD,
VAIL, COLORADO FROM THE VAIL, COLORADO, MUNICIPAL
BUILDING AUTHORITY TO THE TOWN OF VAIL
WHEREAS, the Vail, Colorado, Municipal Building Authority (the "Authority"), is a
Colorado nonprofit corporation organized and existing under the laws of the State of
Colorado;
WHEREAS, the Authority currently owns the real property located at 75 South
Frontage Road, Vail, Colorado, more particularly described in Exhibit A to the Special
Warranty Deed attached hereto and incorporated herein by this reference (the
"Property");
WHEREAS, the Authority was originally incorporated in 1970, and then again in
1985, with the purpose of financing the construction of Town of Vail ("Town") facilities
on the Property;
WHEREAS, pursuant to Article III, Section 3 of the Authority's Articles of
Incorporation, the Authority is only authorized to convey real property to the Town once
any outstanding debt on such real property is fully satisfied;
WHEREAS, pursuant to Article XI of the Authority's Articles of Incorporation, all
property of the Authority must be conveyed to the Town and to no other party;
WHEREAS, in 1985, in accordance with Article III, Section 3 of its Articles of
Incorporation, the Authority conveyed the other portion of the real property located at 75
South Frontage Road, Vail, Colorado, to the Town, because the outstanding debt on
such property had been fully satisfied;
WHEREAS, similarly, all outstanding debt on the Property has been fully
satisfied;
WHEREAS, the voting members of the Authority's Board of Directors have, by
written ballot, voted on whether to convey the Property to the Town at this time; and
WHEREAS, the voting members of the Authority's Board of Directors have, by
written ballot, voted in favor of conveying the Property to the Town at this time.
1 321/2012
Q:WSERSIVA/LIMOBIMBA CONVEYANCE-RES-I DOC
4/3/2012
10- 1 -5
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE VAIL, COLORADO, MUNICIPAL BUILDING AUTHORITY, THAT:
1. The Board of Directors hereby approves the conveyance to the Town of
Vail of a portion of the real property located at 75 South Frontage Road, Vail, Colorado,
which portion is more particularly described in Exhibit A to the Special Warranty Deed
attached hereto and incorporated herein by this reference.
2. The Secretary of the Board of Directors is hereby authorized to execute
the Special Warranty Deed attached hereto on behalf of the Authority.
INTRODUCED,_.�ASSED AND ADOPTED BY WRITTEN BALLOT BY THE
AUTHORITY, THIS"" DAY OF MARCH, 2012.
`f/gZQ N Cs rA W.C.L-V
Board mter ROSG
J
Board Me b
Board member
Board Member
Board Member
ATTEST:
Secretary
Ud L •'BSA VLG�n{C.+-�G1''
rgbdibF4,uf'YWK. VbltU(.d-q�X'
2 M112012
Q:IUSERSIVAILIMOBIMBA CONVEYANCE-RES-I DOC
4/3/2012
10- 1 -6
SPECIAL WARRANTY DEED
THIS DEED, is made effective this _ day of March, 2012, and is made between the Vail,
Colorado, Municipal Building Authority, the "Grantor," a Colorado non-profit corporation organized and
existing under and by virtue of the laws of the State of Colorado, and the TOWN OF VAIL, a Colorado
home rule municipality, whose address is 75 South Frontage Road, Vail, Eagle County, Colorado
("Grantee"):
WITNESS, that Grantor, for and in consideration of the sum of ten dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby
grants, bargains, sells, conveys, and confirms unto Grantee and Grantee's heirs and assigns forever, all
the real property, together with any improvements thereon, located in the County of Eagle, State of
Colorado, more particularly described in Exhibit A, attached hereto and incorporated by this reference.
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging or in
anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and
profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in
law or equity, of, in and to the above-bargained real property with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto Grantee and Grantee's successors and assigns forever. Grantor, for itself and its
successors and assigns, does covenant and agree that Grantor shall and will warrant and forever defend
the Property in the quiet and peaceable possession of the Grantee and the successors and assigns of
Grantee, against all and every person or persons claiming the whole or any part thereof, by, through or
under Grantor except and subject to those matters set forth in Exhibit B, attached hereto and
incorporated by this reference.
IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed as of the date first
above-written.
Vail, Colorado, Municipal Building Authority
STATE OF COLORADO )
)ss.
COUNTY OF )
The foregoing instrument was subscribed, sworn to, and acknowledged before me this
day of 1 2012, by as
of the Vail, Colorado, Municipal Building Authority.
My commission expires:
(S E A L)
Notary Public
3 N212012
Q:IUSERSIVAILIMOBIMBA CONVEYANCE-RES-IDOC
4/3/2012
10- 1 -7
EXHIBIT A
Property Address:
75 S Frontage Rd
Vail, Colorado 81657
County of Eagle, State of Colorado
Legal Description:
A PART OF THE SOUTHEAST QUARTER OF SECTION 6 TOWNSHIP 5 SOUTH, RANGE 80 WEST
OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 6 THENCE NORTH 00 DEGREES
28 MINUTES 16 SECONDS WEST AND ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER
72.75 FEET TO A POINT, SAID POINT BEING 110.00 FEET NORTHEASTERLY FROM THE
SOUTHEASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 6 AS MEASURED AT RIGHT
ANGLES THERETO; THENCE NORTH 79 DEGREES 46 MINUTES 11 SECONDS WEST AND ALONG
A LINE PARALLEL TO SAID SOUTHEASTERLY RIGHT OF WAY LINE 145.50 FEET TO THE TRUE
POINT OF BEGINNING; THENCE NORTH 16 DEGREES 08 MINUTES 47 SECONDS EAST, 63.50
FEET; THENCE NORTH 72 DEGREES 03 MINUTES 02 SECONDS WEST, 226.70 FEET; THENCE
NORTH 68 DEGREES 08 MINUTES 34 SECONDS WEST, 201.00 FEET; THENCE NORTH 66
DEGREES 43 MINUTES 48 SECONDS WEST, 164.39 FEET; THENCE CONTINUING ALONG THE
AFORESAID COURSE 238.00 FEET; THENCE SOUTH 25 DEGREES 53 MINUTES 00 SECONDS
WEST, 47.79 FEET; THENCE SOUTH 41 DEGREES 24 MINUTES 53 SECONDS EAST, 183.50 FEET
TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 197.40
FEET, A CENTRAL ANGLE OF 30 DEGREES 47 MINUTES 4 SECONDS, AN ARC DISTANCE OF
106.10 FEET; THENCE SOUTH 72 DEGREES 12 MINUTES 37 SECONDS EAST, 183.50 FEET TO A
POINT OF INTERSECTION WITH THE NORTH RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 6 SAID
LINE BEING 110.00 FEET NORTHEASTERLY FROM THE SOUTHEASTERLY RIGHT OF WAY LINE
OF U.S. HIGHWAY NO. 6 AS MEASURED AT RIGHT ANGLES THERETO; THENCE SOUTH 79
DEGREES 46 MINUTES 11 SECONDS EAST AND ALONG SAID NORTH RIGHT OF WAY LINE 397.56
FEET TO THE TRUE POINT OF BEGINNING,
EXCEPTING THEREFROM THAT PORTION OF SAID PROPERTY DESCRIBED IN DEED RECORDED
JULY 14, 1971 IN BOOK 221 AT PAGE 6.
4 312112012
Q:IUSERSIVAILIMOBIMBA CONVEYANCE-RES-3.DOC
4/3/2012
10- 1 -8
EXHIBIT B
EXCEPTIONS:
1. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48 AT PAGE 503.
2. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK
48 AT PAGE 503.
3. AN EASEMENT AND RIGHT OF WAY AS GRANTED TO THE STATE OF COLORADO IN THE
INSTRUMENT RECORDED JUNE 8, 1940 IN BOOK 127 AT PAGE 466.
4. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN
AND IMPOSED BY ZONING ORDINANCE #13, SERIES OF 1969, RECORDED DECEMBER 03, 1969
IN BOOK 216 AT PAGE 532.
5. EACH AND EVERY RIGHT OR RIGHTS OF ACCESS TO AND FROM ANY PART OF THE
RIGHT OF WAY OF 1-70, AS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS OF EAGLE
COUNTY, COLORADO, AND THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO IN RULE
AND ORDER RECORDED JANUARY 05, 1971 IN BOOK 219 AT PAGE 441.
6. ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT
PROPERTY IN THE UPPER EAGLE VALLEY CONSOLIDATED SANITATION DISTRICT, AS
EVIDENCED BY INSTRUMENT RECORDED JANUARY 04, 1985, IN BOOK 404 AT PAGE 56. NOTE:
SAID DISTRICT WAS CONSOLIDATED INTO THE EAGLE RIVER WATER AND SANITATION
DISTRICT BY ORDER OF THE DISTRICT COURT RECORDED JULY 8, 1996 IN BOOK 699 AT PAGE
278.
5 312112012
Q:IUSERSIVAILIMOBIMBA CONVEYANCE-RES-3.DOC
4/3/2012
10- 1 -9
SPECIAL WARRANTY DEED
THIS DEED, is made effective thisid day of March, 2012, and is made between the Vail,
Colorado, Municipal Building Authority, the "Grantor," a Colorado non-profit corporation organized and
existing under and by virtue of the laws of the State of Colorado, and the TOWN OF VAIL, a Colorado
home rule municipality, whose address is 75 South Frontage Road, Vail, Eagle County, Colorado
("Grantee"):
WITNESS, that Grantor, for and in consideration of the sum of ten dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby
grants, bargains, sells, conveys, and confirms unto Grantee and Grantee's heirs and assigns forever, all
the real property, together with any improvements thereon, located in the County of Eagle, State of
Colorado, more particularly described in Exhibit A, attached hereto and incorporated by this reference.
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging or in
anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and
profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in
law or equity, of, in and to the above-bargained real property with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto Grantee and Grantee's successors and assigns forever. Grantor, for itself and its
successors and assigns, does covenant and agree that Grantor shall and will warrant and forever defend
the Property in the quiet and peaceable possession of the Grantee and the successors and assigns of
Grantee, against all and every person or persons claiming the whole or any part thereof, by, through or
under Grantor except and subject to those matters set forth in Exhibit B, attached hereto and
incorporated by this reference.
IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed as of the date first
above-written.
v
Vail, Colorado, Municipal Building Authority
STATE OF COLD DO )
ss.
COUNTY OF )
N�
Tft foregoing i trument was subscribed, sworn to, and acknowledged before me this
day of ',(� 2012, by Kent Rose as Secretary of the Vail, Colorado, Municipal
Building Authority. /
My commission expires: S �l
(S E A L)
���p,RY•pGe` Not blic
D LORELEI
OAKLDSON
OOI.�
3/21/2012
Q:IUSERSIVAILIMOBIMBA DEED TO TOWN-3.DOC
4/3/2012
10- I - 10
` a
EXHIBIT A
Property Address:
75 S Frontage Rd
Vail, Colorado 81657
County of Eagle, State of Colorado
Legal Description:
A PART OF THE SOUTHEAST QUARTER OF SECTION 6 TOWNSHIP 5 SOUTH, RANGE 80 WEST
OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 6 THENCE NORTH 00 DEGREES
28 MINUTES 16 SECONDS WEST AND ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER
72.75 FEET TO A POINT, SAID POINT BEING 110.00 FEET NORTHEASTERLY FROM THE
SOUTHEASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 6 AS MEASURED AT RIGHT
ANGLES THERETO; THENCE NORTH 79 DEGREES 46 MINUTES 11 SECONDS WEST AND ALONG
A LINE PARALLEL TO SAID SOUTHEASTERLY RIGHT OF WAY LINE 145.50 FEET TO THE TRUE
POINT OF BEGINNING; THENCE NORTH 16 DEGREES 08 MINUTES 47 SECONDS EAST, 63.50
FEET; THENCE NORTH 72 DEGREES 03 MINUTES 02 SECONDS WEST, 226.70 FEET; THENCE
NORTH 68 DEGREES 08 MINUTES 34 SECONDS WEST, 201.00 FEET; THENCE NORTH 66
DEGREES 43 MINUTES 48 SECONDS WEST, 164.39 FEET; THENCE CONTINUING ALONG THE
AFORESAID COURSE 238.00 FEET; THENCE SOUTH 25 DEGREES 53 MINUTES 00 SECONDS
WEST, 47.79 FEET; THENCE SOUTH 41 DEGREES 24 MINUTES 53 SECONDS EAST, 183.50 FEET
TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 197.40
FEET, A CENTRAL ANGLE OF 30 DEGREES 47 MINUTES 4 SECONDS, AN ARC DISTANCE OF
106.10 FEET; THENCE SOUTH 72 DEGREES 12 MINUTES 37 SECONDS EAST, 183.50 FEET TO A
POINT OF INTERSECTION WITH THE NORTH RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 6 SAID
LINE BEING 110.00 FEET NORTHEASTERLY FROM THE SOUTHEASTERLY RIGHT OF WAY LINE
OF U.S. HIGHWAY NO. 6 AS MEASURED AT RIGHT ANGLES THERETO; THENCE SOUTH 79
DEGREES 46 MINUTES 11 SECONDS EAST AND ALONG SAID NORTH RIGHT OF WAY LINE 397.56
FEET TO THE TRUE POINT OF BEGINNING,
EXCEPTING THEREFROM THAT PORTION OF SAID PROPERTY DESCRIBED IN DEED RECORDED
JULY 14, 1971 IN BOOK 221 AT PAGE 6.
3/21/2012
Q:IUSERSIVAILIMOBIMBA DEED TO TOWN-3.DOC
4/3/2012
10- I - 11
EXHIBIT B
EXCEPTIONS:
1. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48 AT PAGE 503.
2. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK
48 AT PAGE 503.
3. AN EASEMENT AND RIGHT OF WAY AS GRANTED TO THE STATE OF COLORADO IN THE
INSTRUMENT RECORDED JUNE 8, 1940 IN BOOK 127 AT PAGE 466.
4. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN
AND IMPOSED BY ZONING ORDINANCE#13, SERIES OF 1969, RECORDED DECEMBER 03, 1969
IN BOOK 216 AT PAGE 532.
5. EACH AND EVERY RIGHT OR RIGHTS OF ACCESS TO AND FROM ANY PART OF THE
RIGHT OF WAY OF 1-70, AS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS OF EAGLE
COUNTY, COLORADO, AND THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO IN RULE
AND ORDER RECORDED JANUARY 05, 1971 IN BOOK 219 AT PAGE 441.
6. ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT
PROPERTY IN THE UPPER EAGLE VALLEY CONSOLIDATED SANITATION DISTRICT, AS
EVIDENCED BY INSTRUMENT RECORDED JANUARY 04, 1985, IN BOOK 404 AT PAGE 56. NOTE:
SAID DISTRICT WAS CONSOLIDATED INTO THE EAGLE RIVER WATER AND SANITATION
DISTRICT BY ORDER OF THE DISTRICT COURT RECORDED JULY 8, 1996 IN BOOK 699 AT PAGE
278.
3/21/2012
Q:IUSERSIVA/LIMOBIMBA DEED TO TOWN-3.DOC
4/3/2012
10- 1 - 12
K�
TOWN OF VA105
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: April 3, 2012
ITEM/TOPIC: Second reading of Ordinance No. 4, Series of 2012, an ordinance authorizing
the sale of a portion of the real property located at 75 South Frontage Road, Vail, Colorado,
(the "Town Hall Property") to Vail MOB, LLC, for the purchase price of$5 million, and setting
forth details in regard thereto.
PRESENTER(S): George Ruther
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications or deny
Ordinance No. 4, Series of 2012 on second reading.
BACKGROUND: The Town of Vail, in cooperation with the Vail Valley Medical Center and the
Steadman Clinic, wishes to redevelop a portion of the Town's property located at 75 South
Frontage Road. To do so, the ToV, VVMC and SC signed a memorandum of understanding,
which in part, acknowledges the sale of a portion of Town property to VVMC and SC for$5
million. The purchase price was established based upon a value of use appraisal completed
for the property. Pursuant to the terms of the purchase and sale agreement, the title to the
property shall not occur until such time as a building permit for the new medical office building
is ready for issuance and a construction loan guaranteeing the construction of the building is
secured and ready for funding.
STAFF RECOMMENDATION: Town staff recommends the Vail Town Council approves
Ordinance No. 4, Series of 2012 on second reading, as read.
ATTACHMENTS:
Ordinance No. 4, Series of 2012
4 ; -'01
ORDINANCE NO. 4
SERIES 2012
AN ORDINANCE AUTHORIZING THE SALE OF A PORTION OF THE
REAL PROPERTY LOCATED AT 75 SOUTH FRONTAGE ROAD, VAIL,
COLORADO (THE TOWN HALL PROPERTY) TO VAIL MOB, LLC FOR
THE PURCHASE PRICE OF $5 MILLION, AND SETTING FORTH
DETAILS IN REGARD THERETO
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule municipal corporation duly organized and existing under laws of
the State of Colorado and the Vail Town Charter;
WHEREAS, the Town Council finds and determines that the sale of a portion of
the real property located at 75 South Frontage Road, Vail, Colorado, more particularly
described in Exhibit A, attached hereto and incorporated herein by this reference (the
"Property"), to Vail MOB, LLC, will enable beneficial redevelopment of the site to include
private improvements and a new Town Hall;
WHEREAS, currently the Property is owned by the Vail, Colorado, Municipal
Building Authority (the "Authority"), a Colorado non-profit corporation;
WHEREAS, the Authority was originally incorporated in 1970, and then again in
1985, with the purpose of financing the construction of Town facilities on the Property;
WHEREAS, pursuant to Article III, Section 3 of the Authority's Articles of
Incorporation, the Authority is authorized to convey real property to the Town once any
outstanding debt on such real property is fully satisfied;
WHEREAS, pursuant to Article XI of the Authority's Articles of Incorporation, all
property of the Authority must be conveyed to the Town and to no other party;
WHEREAS, in 1985, in accordance with Article III, Section 3 of its Articles of
Incorporation, the Authority conveyed the other half of the real property located at 75
South Frontage Road, Vail, Colorado, to the Town, because the outstanding debt on
such property had been fully satisfied;
WHEREAS, similarly, all outstanding debt on the Property has been fully
satisfied;
WHEREAS, on or about March 22, 2012, the Authority conveyed the Property to
the Town in accordance with Article III, Section 3 of its Articles of Incorporation;
WHEREAS, the Town Council accepted such conveyance by Resolution No. 15,
Series of 2012;
4 01-21
11 - i - i
WHEREAS, the Town Council commissioned both a real estate appraisal of the
portion of real property to be sold and a study to consider the economic impact on the
Town of the redevelopment of the adjoining real property;
WHEREAS, based on the real estate appraisal and the economic impact study,
the Town Council finds and determines that the purchase price of $5 million for the
purchase the Property is fair and equitable;
WHEREAS, the Town Council finds and determines that the sale of the Property
to Vail MOB, LLC for the purchase price of $5 million is in the best interest of the public
health, safety and welfare; and
WHEREAS, Section 4.8 of the Vail Town Charter requires that the Town Council
authorize the sale of real property by ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Pursuant to Section 4.8 of the Vail Town Charter, the Town Council
hereby authorizes the sale of a portion of the real property located at 75 South Frontage
Road, Vail, Colorado, more particularly described in Exhibit A attached hereto and
incorporated herein by this reference, to Vail MOB, LLC, for the purchase price of $5
million, in accordance with the terms of a purchase and sale agreement to be
negotiated by Town staff and thereafter approved by resolution of the Town Council.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not 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 3. 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 4. 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 5. 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.
4/3/20 122
11 - 1 -2
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of March, 2012 and a
public hearing for second reading of this Ordinance set for the 3rd day of April, 2012, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Andy Daly, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 3rd day of April, 2012.
Andy Daly, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
4/3/20123
11 - I -3
-------F----- ----- -------A-------4%-------06------------- -1--- ------- ----- ---- ------ ------•----- --
Area to be sold + ' .
. � r
--------------------------- -
EXHIBIT "A"
PROPOSED SCHEMATIC VS. EXISTING
ORDINANCE NO.4 , SERIES 01= 2012
1"1AFRCN 6, 2012
k
k
e
i
Town of Vail Council Members:
This is in reference to the proposed development of the TOV municipal site. As
proposed,this is not what is best for the TOV and it should not be pursued. Why?
As presented,there are three major components—a new town hall,a parking
structure and a medical facility. A new town hall and a parking structure,
especially in that location,are not appropriate. The medical facility,as tendered,
j probably should not be constructed—at that location. But,we really don't know
this for sure,because we do not know what the long range plan is for VVMC I will
address this subject later in this communication,but for now,Ws focus on what is
best for the Town of Vail. The Toren of Vail should concentrate on:
1—Making available land and spate in the town limits that can be developed by the
private sector that will generate the major source of revenue for the town,mainly
sales tax and/or real estate transfer tax dollars. Presently,the apace occupies!by
WMC and TOY do not do that. Therefore,the proposed plan is not a good idea.
Z- A new TOV administration facility does not need to be in the central portion of
the town.As is recognized these days,the town is quickly moving to ePlens,
paperless operations,Council sessions`streaming',financial funds moving from
varleus accounts by computer and/or similar devices,purchases of town products
via email,payments of saw tax dollars by electronic devices and many similar
operations,and seem to forms via Internet from other agencies to conduct the
business of the town. This means that town employees'sit looking at computer
screens'including the Council members during council meetings, Responses by
town members and those doing business with the town don't really need to travel to
the town hall to do business with the TOV. If the proposed new town of Vail facility
is construeted,it could be obsolete the day it is open.There will be a few employees
in large cavernous ofl1ces jest looking at computer sereens. That is basically what is
evolving now. Many of these activities,and work functions,can be accomplished at
remote locations,even while`working out'on a treadmill,biking,at home,on the
snow mountain and/or similar whereabouts. A new town hall on valuable land is
not the best application since it won't be used. In the private and public sector,
there are an increasing number of executives,managers and other similar personnel
that are operating there businesses utilizing one or more of the fantastic and
increasing number of electric devices from home in pajamas and/or a remote
vacation location. The proposed hall would be a very expensive,and not needed,
location to hang art works and to have`coffee sessions'. Presently,in the current
town facilities,there are spaces being'freed up'due to adoption and
implementation of technological capabilities. Also,within the town limits of Vail,we
are experiencing two facilities that are approaching`shell status'similar to what the
TOY hall is. One is Sandstone school operating at approximately 50%of capacity-
principally due to overbuilding by the school district and shifting population. The
other is the U.S.Post Office which is rapidly approaching'shell status' primarily
due to technological advances available and being utilized by its customers and by
the post office incorporating technological capabilities in consolidated locations--
not necessarily in Vail.
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3 The parking structure,as proposed,should not be constructed,especially at this
location. The TOV should focus on developing and implementing a transportation
system that is appropriate,and necessary,to serve the townspeople and our guests
for now as well as the future. It is archaic to bring more vehicles into the central
portions of the town. Approximately twenty years ago,what Telluride and
Mountain Village installed became the envy of most astute,progressive communities
in other Colorado and Rocky Mountain locations. The princi
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So,whet should the TOY do? Let's review the principal objectives for the Town.
1—Adopt programs and projects that will increase and enhance the principal
source of revenues-the lifcbdaod for the town—in the farm of sales tax dollars,real
estate transfer taxes, property taxes and similar incomes.
2- Operate administration fecilitiesllocations that will enable:TOV to performs with
utmost efficiency while projecting maximum fabulous experiences for residents,
seasonal part time homeowners as weft as all nearby locals and all of our wonderful
guests.
3—Develop,construct and implement a transportation system that not only meet
the current needs,but serves the TOV and is compatible to the nearby communities,
for many years into the futures_ Currently,TOV,ls performing with 1970's systems
that have been altered to meet increased needs with`parking on frontage roads and
Pocket pars sites',attempting to serve Golden Peak,Liunsheard and Village'drop
offs'with increased and intolerable traffic loads with unsatisfactory results,and
struggling to serve elevated demands by attendees at Bravo,International Dance,
and softbaflAncrosse field activities. Presently,it is antiquated.
4- If it is decided that a world class 'health and wellness'operation will benefit the
TOY,then have the center of the medical community(probably V VMC and
associated entities) prepare and present a viable long range plan which includes the
specific objectives and goals including the necessary facilitieWlocations to achieve
those objectives. This should include what the advantages are and/or what will
become so to TOV. Some of the'speculatione that are being tossed around
currently,without responsible documentation,are suspect and not good enough.
So,here are some of the program3/pro je cts to achieve these goals, This will take
tremendous effort by TOV to develop extensive plans,timetables,programs and
community commitments,but it can be achieved These are.
1 —`Free-up' and convert the current properties identified as the municipal site and
the Vail VVMC facility(including to bank building). These would become
available for development by private sector entities that will contribute income in
the form of sales tax,transfer tax,property tame and other sunilar sources.
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2—For whatever administration facilities are needed,construct these at the present
site of the public works operation.This land is not generating tax:dollars now so,it
would not be a`tax loss'. With a staging plan overtime,this would include the
relocation of the polie0js l facilities. Is it not to our advantage to have`holding
facilities'and desks to prepare computerized'reports on space which could be
utilized to generate income? With all administration facilities grouped together,
greater operating efficiencies should be achieved. Access by those who need to do
business,if it is a person as opposed by electronic device,would be quite
convenient. This would be especially true when the newly implemented
transportation system as described in the next paragraph Is installed. Refer to the
descri
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4—So,what about the medical facility? Assuming that a viable plan and program is
developed and approved as described earlier in the letter,there will be a need to
locate the facility in the town of Vail At this time,the best location is on the site
known as`Timber Ridge'. This is presently a non-tax generator and it would
remain that This would enable the project to be designed and constructed in the
proper manner and to gain the goals as outlined in the unknown long range plan.
This could incorporate a'housing component'since there is ample space for the
along;with the medical facility. it could accommodate the heliport on the roof of the
medical building with quick access to the elevator shaft which serves the operating
rooms/medical services on the lower floors. It is not too practical to attempt to
`shoehorn'the heliport onto a very,unpopular space on the present medical facility.
Other medical related activities such as the unpopular one in the Gateway Building
could be located in the new facility as well as all of the anticipated research
operations and all other'be"and wtfttss'activities. A major endeavor?
Probably'' But,it can be done if it is determined that it is important to TOV. Why
are we even considering'shochorsing'a small portion of the future entity of'health
and wellness'onto a very.limited and site restricted space at the current municipal
location that would'not include any room for expansion in the future? If this is
really significant to TOV then it is very important that it be done right. Let's not
do it'half-hearted!' As mentioned previously in this letter,the post office facility
might be available if there was anted for additional expansion. As soon as
designed and approved,construction could start without delays long before 2825.
Some associated issues:
1—The town doss not need another`community room'in a town owned facility. A
quick review of the'Return on Investment'for the Donovan Pavilion and the
utilization of the community room at the new Lionshead facility for yoga classes
would be instructive.TOV should not be constructing a proposed'fourth floor'to
rent offices to entities such as Bravo. TOV should encourage private sector facilities
in town that generate tax dollars to provide those services. As we know,town
owned facilities are rented to the Vail Roe District at Dobson,the tennis center,golf
course and golf course clubhouse,but those are quasi-town relates operations.
2- Be careful to not allocate excessive concessions and funds to a selected activity
such as medical facilities while not presenting equal accommodationstadvantages to
the many other business entities in town—especially those that make strong
contributions to the revenues of TOV.
I want to applaud you all for the tremendous time and efforts that you contribute to
TOV. It is appreciated,greatly.
My Best, , Dick Neal (970)371x-6449
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Idea . . . a "Medical & Safety" Zone :
o Agreed-to MOB with skyway,
o Police Department--stays as is
o Helicopter Pad--ground or rooftop
o Relocated in-town fire station . . . . .
existing site leased/sold @mkt $
and/or ambulance facility--all
with fast access to in-town/I-70
o Other, leased/sold Ca-) mkt $
o Then . . . .Admin complex on town
land off North Frontage Road . . . .
cheaper to build & maintain
K�
TOWN OF VA105
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: April 3, 2012
ITEM/TOPIC: Ever Vail - The Community Development Department requests that the major
subdivision and Ordinance Nos. 7, 8 and 9, Series of 2012 be continued to the April 17, 2012,
public hearing.
Major Subdivision:
A request for a review of a preliminary plan for a major subdivision, pursuant to Chapter 13-3,
Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment
of the properties known as Ever Vail (West Lionshead), located at 862, 923, 934, 953, 1000
and 1031 South Frontage Road West, and the South Frontage Road West right-of-
way/unplatted (a complete legal description is available for inspection at the Town of Vail
Community Development Department), and setting forth details in regard thereto.
(PEC080062)
Rezoning (Ordinance No. 7, Series of 20111:
A request for a recommendation to the Vail Town Council for a zone district boundary
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a establish
Lionshead Mixed Use 2 District zoning on Parcels 1 and 2 of the Ever Vail Subdivision located
generally at 862, 923, 934, 953, 1000, and 1031 South Frontage Road, and the South
Frontage Road right-of-way/unplatted (a complete legal description is available for inspection
at the Town of Vail Community Development Department), and setting forth details in regard
thereto. (PEC080061)
Special Development District Amendment (Ordinance No. 8, Series of 20111:
A request for a recommendation to the Vail Town Council for a major amendment to Special
Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment
Procedures, Vail Town Code, to allow for the removal of Development Area D (Glen Lyon
Office Building) from Special Development District No. 4, Cascade Village, and for a zone
district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to
include the subject property in the Lionshead Mixed Use 2 District, located at 1000 South
Frontage Road West/Lot 54, Glen Lyon Subdivison, and setting forth details in regard thereto.
(PEC090036)
Title 12, Zoning Regulations, Vail Town Code, Amendment ( Ordinance No. 9, Series of 2011):
A request for a final recommendation to the Vail Town Council for prescribed regulation
amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-
10-19, Core Areas Identified, Vail Town Code, to amend the core area parking maps to include
"Ever Vail" (West Lionshead) within the "Commercial Core" designation, and setting forth
details in regard thereto. (PEC080065)
PRESENTER(S): Warren Campbell
ACTION REQUESTED OF COUNCIL: The Community Development Department
requests that the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 be
continued to the April 17, 2012 public hearing.
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BACKGROUND: Major Subdivision: On January 10, 2011, the Planning and Environmental
Commission forwarded a recommendation of approval, with conditions, on the preliminary plan
for the major subdivision to establish Parcels 1 and 2 of the Ever Vail Subdivision, by a vote of
5-0-2 (Viele and Cartin recused).
Rezoning: On January 10, 2011, the Planning and Environmental Commission forwarded a
recommendation of approval, with conditions, for a zone district boundary amendment to
establish Lionshead Mixed Use 2 District zoning on Parcels 1 and 2 of the Ever Vail
Subdivision, by a vote of 5-0-2 (Viele and Cartin recused).
Special Development District Amendment: On January 24, 2011, the Planning and
Environmental Commission forwarded a recommendation of approval, with conditions, for a
major amendment to Special Development District (SDD) No. 4, Cascade Village, to remove
the Glen Lyon Office Building from the SDD in order for it to be incorporated into the Ever Vail
Subdivision, by a vote of 4-0-2 (Viele and Cartin recused).
Title 12, Zoning Regulations, Vail Town Code, Amendment: On January 11, 2010,
the Planning and Environmental Commission forwarded a recommendation of approval, with
conditions, for a prescribed regulations amendment to Section 12-10-19, Core Areas
Identified, Vail Town Code, by a vote of 4-0-2 (Viele and Cartin recused).
STAFF RECOMMENDATION: The Community Development Department requests that
the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 be continued to
the April 17, 2012 public hearing.
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