HomeMy WebLinkAbout2012-05-01 Agenda and Support Documentation Town Council Evening SessionVAIL TOWN COUNCIL
EVENING SESSION AGENDA
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
6:00 P.M., MAY 1, 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: Building Safety Month Proclamation No. 4, Series of 2012 (5
Minutes)
PRESENTER(S): Town Council
ACTION REQUESTED OF COUNCIL: Read Proclamation No. 4, Series of
2012
BACKGROUND: May 2012 is "Building Safety Month."
STAFF RECOMMENDATION: Pass as read.
2.
ITEM/TOPIC: Citizen's Participation:
Safebuilt Donation to the Red Sandstone Elementary School PTO
Presentation (15 min.)
PRESENTER(S): Public
3.
ITEM/TOPIC: Town Manager's Report:
A re-zoning of the Golf Course Clubhouse has been submitted.
(5 min.)
PRESENTER(S): Stan Zemler
4. ITEM/TOPIC: Ballot language and voter poll for proposed tax increase for
the purpose of creating, sustaining and ensuring a dedicated funding source
for qualified athletic and cultural events and programs in the Town of Vail and
supporting operations and infrastructure in the Town of Vail related to events
(45 min.)
PRESENTER(S): David Flaherty, Magellan Strategies and Kelli McDonald,
Town of Vail Staff
ACTION REQUESTED OF COUNCIL: Staff requests the Town Council
review the ballot language and voter poll questions presented by Magellan
Strategies and provide direction for the polling scheduled to begin May 7,
2012. Results will be presented to Council at the June 19, 2012 meeting.
5/1/2012
BACKGROUND: At the April 3, 2012 meeting, Town Council directed up to
$15,000 be spent on a voter poll to gauge support for a proposed tax
increase for the purpose of creating, sustaining and ensuring a dedicated
funding source for qualified athletic and cultural events and programs in the
Town of Vail and to support operations and infrastructure in the Town of Vail
related to events. Such taxes would require approval by the Town of Vail
electorate. The proposed ballot issue of an annual levy of an additional one
and one-half percent (1.5%) lodging tax and one-half percent (.5%) sales tax
on all transactions the town’s existing tax applies to, except for the sales of
food for home consumption, is projected to generate $4.5 million annually,
commencing January 1, 2013 and expiring on December 31, 2017. In 2012
the Town Council allocated approximately $2.4 million in funding and
$300,000 in in-kind services for a total of $2.7 million for this same purpose.
STAFF RECOMMENDATION: Staff recommends the Town Council review
the ballot language and voter poll questions presented by Magellan
Strategies and provide direction for the polling scheduled to begin May 7,
2012. Results will be presented to Council at the June 19, 2012 meeting.
5.
ITEM/TOPIC: Resolution No. 22, Series of 2012, A Resolution Approving
the Sale of Real Property in the Town of Vail Legally Described as a Part of
Southeast Quarter of Section 6, Township 5 South Range 80 West of the 6th
Meridian According to the Map Thereof Recorded in the Office of the Eagle
County, Colorado Clerk and Recorder; and Setting Forth Details in Regard
Thereto. (30 min. )
PRESENTER(S): George Ruther and Matt Mire
ACTION REQUESTED OF COUNCIL: Approve, amend or deny Resolution
No. 22, Series of 2012.
BACKGROUND: The Town of Vail (the "Town") owns certain real property
of approximately fifty-seven one hundreths acres currently known as 75
South Frontage Road, Vail, Colorado (the "Parcel"). The Town desires to
redevelop the adjoining parcel (the " Center Parcel") in preparation for the
construction of a new municipal building and has agreed with the Vail Valley
Medical Center ("VVMC"), The Steadman Clinic ("SC"), Triumph Vail MOB,
LLC ("Developer") to cooperate in and to share in certain costs of the project
(the "Project") benefiting both the Municipal Center Parcel. VVMC, SC,
Developer propose to construct on the Parcel a medical office building
("MOB")of approximately 56,000 gross square feet with a sky bridge
connecting the MOB to the Vail Valley Medical Center and with the
underground parking for use by both the MOB and the new be located on the
Center Parcel, comprising not less than 200 surface and underground
parking spaces or such greater number of parking spaces as may be
required by zoning requirements.
STAFF RECOMMENDATION: Approve, amend or deny Resolution No. 22,
Series of 2012.
6. 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;
5/1/2012
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 and Warren Campbell, 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 May 15, 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.
On April 3, 2012, the Vail Town Council held a public hearing to discuss the
proposed ordinance and resolution. The Vail Town Council tabled these
items to it's May 1, 2012, hearing to provide the former applicants, Mauriello
Planning Group and KH Webb Architects, an opportunity to construct
additional visual models illustrating the various considered GRFA ratios. The
Mauriello Planning Group and KH Webb Architects will be presenting these
models to the Council at its May 1st hearing.
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
May 15, 2012, public hearing to correspond to the second reading of the
associated ordinance.
5/1/2012
7.
ITEM/TOPIC: Resolution No. 20, Series of 2012, A Resolution Authorizing
the Town Manager to Sign a Wireless Communications and License
Agreement Between the Town of Vail and NewPath Networks, LLC; and
Setting Forth Details in Regard Thereto. (15 min.)
PRESENTER(S): Ron Braden
ACTION REQUESTED OF COUNCIL: Approve, amend or deny Resolution
No. 20, Series of 2012.
BACKGROUND: The Town Council wishes to enter into a wireless
communications and license agreement with NewPath Networks, LLC to
enhance the wireless communications services and to avoid unnecessary
disruption and administrative burdens throughout the town.
STAFF RECOMMENDATION: Approve, amend or deny Resolution No. 20,
Series of 2012.
8. 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 June 5, 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 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 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 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):
5/1/2012
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 June 5, 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
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 June 5, 2012 public
hearing.
9. ITEM/TOPIC: Adjournment (8:30 p.m.)
5/1/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 1, 2012
ITEM/TOPIC: Building Safety Month Proclamation No. 4, Series of 2012
PRESENTER(S): Town Council
ACTION REQUESTED OF COUNCIL: Read Proclamation No. 4, Series of 2012
BACKGROUND: May 2012 is "Building Safety Month."
STAFF RECOMMENDATION: Pass as read.
ATTACHMENTS:
Proclamation No. 4, Series of 2012
5/1/2012
TOWN OF VAIL
PROCLAMATION NO. 4, SERIES OF 2012
A PROCLAMATION DECLARING THE MONTH OF MAY 2012
AS “BUILDING SAFETY MONTH”
WHEREAS, the Town of Vail holds the critical issues of safety, energy efficiency,
water conservation and sustainability in the built environment as essential elements of a
viable community; and;
WHEREAS, our confidence is achieved through the devotion of vigilant building
safety and fire prevention officials, architects, engineers, builders, laborers and others in
the construction industry, who work year-round to ensure the safe construction of
buildings, and;
WHEREAS, the Town of Vail adopted the 2009 editions of the International
Building and Fire Codes by reference in Title 10, Building Codes, Vail Town Code, in
order to protect public health, safety and welfare, and;
WHEREAS, Building Safety Month is sponsored by the International Code Council
and International Code Council Foundation, to remind the public about the critical role of
our communities’ local code officials, who assure us of safe, efficient and livable
buildings, and;
WHEREAS, the theme for Building Safety Month 2012 is “An International
Celebration of Safe and Sensible Structures,” which encourages all Americans to raise
awareness of the importance of building safety, green and sustainable building, pool,
spa and hot tub safety and new technologies in the construction industry.
WHEREAS, each year, in observance of Building Safety Month, Americans are
asked to consider projects to improve building safety and sustainability at home and in
the community, and to acknowledge the essential service provided to all of us by local
and state building departments and federal agencies in protecting lives and property.
NOW, THEREFORE, BE IT PROCLAIMED that the Vail Town Council declares
the month of May, 2012, as Building Safety Month. Accordingly, the Town of Vail
encourages our citizens to join in participation of Building Safety Month activities to be
held each Friday at 7:00 am during the month of May in the Community Development
Department Building, with event themes as follows:
May 4th: Energy and Green Building May 11th: Disaster Safety and Mitigation
May 18th: Fire Safety and Awareness May 25th: Backyard safety
SIGNED this 1st day of May, 2012.
________________________________
Andrew P. Daly, Mayor
ATTEST:
___________________________
Lorelei Donaldson, Town Clerk
1 - 1 - 1
5/1/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 1, 2012
ITEM/TOPIC: Citizen's Participation:
Safebuilt Donation to the Red Sandstone Elementary School PTO Presentation
PRESENTER(S): Public
5/1/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 1, 2012
ITEM/TOPIC: Town Manager's Report:
A re-zoning of the Golf Course Clubhouse has been submitted.
PRESENTER(S): Stan Zemler
5/1/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 1, 2012
ITEM/TOPIC: Ballot language and voter poll for proposed tax increase for the purpose of
creating, sustaining and ensuring a dedicated funding source for qualified athletic and cultural
events and programs in the Town of Vail and supporting operations and infrastructure in the
Town of Vail related to events
PRESENTER(S): David Flaherty, Magellan Strategies and Kelli McDonald, Town of Vail Staff
ACTION REQUESTED OF COUNCIL: Staff requests the Town Council review the ballot
language and voter poll questions presented by Magellan Strategies and provide direction for
the polling scheduled to begin May 7, 2012. Results will be presented to Council at the June
19, 2012 meeting.
BACKGROUND: At the April 3, 2012 meeting, Town Council directed up to $15,000 be spent
on a voter poll to gauge support for a proposed tax increase for the purpose of creating,
sustaining and ensuring a dedicated funding source for qualified athletic and cultural events
and programs in the Town of Vail and to support operations and infrastructure in the Town of
Vail related to events. Such taxes would require approval by the Town of Vail electorate. The
proposed ballot issue of an annual levy of an additional one and one-half percent (1.5%)
lodging tax and one-half percent (.5%) sales tax on all transactions the town’s existing tax
applies to, except for the sales of food for home consumption, is projected to generate $4.5
million annually, commencing January 1, 2013 and expiring on December 31, 2017. In 2012
the Town Council allocated approximately $2.4 million in funding and $300,000 in in-kind
services for a total of $2.7 million for this same purpose.
STAFF RECOMMENDATION: Staff recommends the Town Council review the ballot
language and voter poll questions presented by Magellan Strategies and provide direction for
the polling scheduled to begin May 7, 2012. Results will be presented to Council at the June
19, 2012 meeting.
ATTACHMENTS:
Town Council Memo on Voter Poll
Magellan Strategies Information Sheet
Draft Survey
5/1/2012
To: Vail Town Council
From: David Flaherty, Magellan Strategies and Kelli McDonald, Town of Vail staff
Date: May 1, 2012
Subject: Ballot Language and Voter Poll for Proposed Tax Increase
I. ITEM/TOPIC:
Ballot language and voter poll for proposed tax increase for the purpose of creating,
sustaining and ensuring a dedicated funding source for qualified athletic and cultural
events and programs in the Town of Vail and supporting operation and infrastructure in
the Town of Vail related to events.
II. ACTION REQUESTED OF COUNCIL:
Staff requests the Town Council review the ballot language and voter poll questions
presented by Magellan Strategies and provide direction for the polling scheduled to
begin May 7, 2012. Results will be presented to Council at the June 19, 2012 meeting.
III. BACKGROUND:
At the April 3, 2012 meeting, Town Council directed up to $15,000 be spent on a voter
poll to gauge support for a proposed tax increase for the purpose of creating, sustaining
and ensuring a dedicated funding source for qualified athletic and cultural events and
programs in the Town of Vail and to support operations and infrastructure in the Town of
Vail related to events. Such taxes would require approval by the Town of Vail electorate.
The proposed ballot issue of an annual levy of an additional one and one-half percent
(1.5%) lodging tax and one-KDOI VDOHVWD[RQDOOWUDQVDFWLRQVWKHWRZQ¶VH[LVWLQJ
tax applies to, except for the sales of food for home consumption, is projected to
generate $4.5 million annually, commencing January 1, 2013 and expiring on December
31, 2017. In 2012, the Town Council allocated approximately $2.4 million in funding and
$300,000 in in-kind services for a total of $2.7 million for this same purpose.
4 - 1 - 1
5/1/2012
Town of Vail Page 2
IV. STAFF RECOMMENDATION
Staff recommends the Town Council review the ballot language and survey questions
presented by Magellan Strategies and provide direction for the polling scheduled to
begin May 7, 2012. Results will be presented to Council at the June 19, 2012 meeting.
4 - 1 - 2
5/1/2012
AboutMagellanStrategies ǡ
Draft D
Town of Vail ACE Ballot Measure Survey
MAGELLAN ID#: COVAILACE-050112 Interviews = 300n
Field Dates: TBD MoE +/- 5.66%
_________________________________________________________________________________________________________
LIVE INTERVIEW SURVEY SCRIPT:
Good evening. My name is ____________ and I am calling from Promark Research, a
national public opinion firm. Weǯconducting a survey in Vail this evening on
behalf of the Vail Town Council, and would like to ask you a few questions on a
confidential basis. We are not selling anything, nor will your participation result in
any calls in the future to sell you anything. (DO NOT PAUSE)
TA. May I speak with (NAME ON FILE)? Are you registered to vote in the Town
of Vail address you are speaking from today and are you eligible to vote in
this November's election?
YES;-1
NO;-2 (ASK: MAY I SPEAK TO SOMEONE WHO IS REGISTERED TO VOTE?)
(REPEAT INTRODUCTION) (TERMINATE IF NO REGISTERED
VOTER IS AVAILABLE)
Now I am now going to read to you a ballot measure that registered voters in Vail
may be asked to consider this November. When I am finished reading the ballot
measure tell me how you would vote if the election were being held today. I can
repeat the ballot measure for you, but I cannot provide any information regarding
the ballot measure. The ballot measure would reads as follows: (READ SLOWLY
AND CLEARLY)
SHALL THE TOWN OF VAIL TAXES BE INCREASED FOR THE PURPOSE OF
CREATING, SUSTAINING AND ENSURING A DEDICATED FUNDING SOURCE FOR
QUALIFIED ATHLETIC AND CULTURAL EVENTS AND PROGRAMS IN THE TOWN OF
VAIL AND SUPPORT OPERATIONS AND INFRASTRUCTURE IN THE TOWN OF VAIL
RELATED TO EVENTS FROM THE ANNUAL LEVY OF AN ADDITIONAL ONE AND
ONE-HALF PERCENT (1.5%) LODGING TAX AND ONE-HALF PERCENT (0.5%) ǯ
ǡ
EXCEPT FOR THE SALES OF FOOD FOR HOME CONSUMPTION, PROJECTED TO
GENERATE $4.5 MILLION ANNUALLY IN THE FIRST FISCAL YEAR AND BY
WHATEVER ANNUAL AMOUNTS FUTURE COLLECTIONS TOTAL, COMMENCING
JANUARY 1, 2013 AND EXPIRING ON DECEMBER 31, 2017,
AND SHALL THE REVENUES FROM SUCH ADDITIONAL LODGING AND SALES TAX
AND ANY INVESTMENT EARNINGS THEREON BE COLLECTED AND SPENT BY THE
TOWN FOR THE ABOVE STATED PURPOSES WITHOUT REGARD TO ANY
SPENDING, REVENUE RAISING, OR OTHER LIMITATION CONTAINED IN ARTICLE X,
SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW?
4 - 3 - 1
5/1/2012
Magellan ID#: COVAILACE-041712 Town of Vail ACE Ballot Language Survey Page 2 of 5
Field Dates: TBD, MoE +/-5.66% 300n, CONFIDENTIAL
Magellan Strategies | 1685 Boxelder St., Suite 300 | Louisville, CO 80027
303-861-8585 | www.MagellanStrategies.com
T1. That ends the ballot measure summary. Based on what you know right now,
if the election were held today, would you vote YES to approve or NO to
reject this ballot measure?
IF CHOICE YES or NO ASK "And would you say that you strongly
(APPROVE/REJECT) the ballot measure or do you just somewhat
(APPROVE/REJECT) the ballot measure?
YES, STRONGLY APPROVE;-1
YES, SOMEWHAT APPROVE;-2
NO, SOMEWHAT REJECT;-3
NO, STRONGLY REJECT;-4
UNDECIDED;-5
DON'T KNOW;-6 (DO NOT READ)
REFUSED;-7 (DO NOT READ)
I am now going to read to you some more information about the ballot initiative.
After hearing the information, please tell me if you are more or less likely to support ǡ
Magellan ID#: COVAILACE-041712 Town of Vail ACE Ballot Language Survey Page 3 of 5
Field Dates: TBD, MoE +/-5.66% 300n, CONFIDENTIAL
Magellan Strategies | 1685 Boxelder St., Suite 300 | Louisville, CO 80027
303-861-8585 | www.MagellanStrategies.com
SOMEWHAT LESS LIKELY;-3
MUCH LESS LIKELY;-4
NO DIFFERENCE;-5
UNDECIDED/DON'T KNOW;-6 (DO NOT READ)
REFUSED;-7 (DO NOT READ)
T3. The ballot initiative will increase two taxes. The first is a one point five
percent (1.5%) lodging tax, and the second is a one half percent (0.5%) sales
tax that exempts grocery purchases. The two taxes are projected to generate
four point five million dollars ($4.5 million) to fund athletic, cultural, and
other special events and programs in Vail and support operations and
infrastructure in the Town of Vail related to events. After hearing this
information, are you more or less likely to support the ballot initiative or
does it not make a difference in your decision?
MUCH MORE LIKELY;-1
SOMEWHAT MORE LIKELY;-2
SOMEWHAT LESS LIKELY;-3
MUCH LESS LIKELY;-4
NO DIFFERENCE;-5
UNDECIDED/DON'T KNOW;-6 (DO NOT READ)
REFUSED;-7 (DO NOT READ)
T4. If approved, the two tax increases would last for five years. After five years,
Vail voters would have the opportunity to voice their opinion to either
approve or reject the tax increases. After hearing this information, are you
more or less likely to support the ballot initiative or does it not make a
difference in your decision?
MUCH MORE LIKELY;-1
SOMEWHAT MORE LIKELY;-2
SOMEWHAT LESS LIKELY;-3
MUCH LESS LIKELY;-4
NO DIFFERENCE;-5
UNDECIDED/DON'T KNOW;-6 (DO NOT READ)
REFUSED;-7 (DO NOT READ)
(ROTATE T5 CHOICES)
T5. Supporters of the ballot initiative say that a dedicated funding source is
needed for existing and new qualified athletic and cultural events and
programs and to support operations and infrastructure in the Town of Vail
related to events that build and enhance Vailǯ sense of community, attract
destination guests and generate economic growth and vitality. WHILE
4 - 3 - 3
5/1/2012
Magellan ID#: COVAILACE-041712 Town of Vail ACE Ballot Language Survey Page 4 of 5
Field Dates: TBD, MoE +/-5.66% 300n, CONFIDENTIAL
Magellan Strategies | 1685 Boxelder St., Suite 300 | Louisville, CO 80027
303-861-8585 | www.MagellanStrategies.com
Opponents of the ballot initiative say now is not the time for a one point five
percent (1.5%) lodging tax and a one half percent (0.5%) sales tax increase
because Vail taxes are high enough and there are a sufficient number of
special events now.
Which statement comes closer to your point of view?
DEDICATED FUNDING SOURCE IS NEEDED;-1
NOW IS NOT THE TIME TO RAISE TAXES;-2
DON'T KNOW;-3 (DO NOT READ)
REFUSED;-4 (DO NOT READ)
T6. Now that you have heard some information about the ballot measure, if the
election were held today would you vote YES to approve or NO to reject the
ballot measure?
IF CHOICE YES or NO ASK "And would you say that you strongly
(APPROVE/REJECT) the ballot measure or do you just somewhat
(APPROVE/REJECT) the ballot measure?
YES, STRONGLY APPROVE;-1
YES, SOMEWHAT APPROVE;-2
NO, SOMEWHAT REJECT;-3
NO, STRONGLY REJECT;-4
UNDECIDED;-5
DON'T KNOW;-6 (DO NOT READ)
REFUSED;-7 (DO NOT READ)
Thank you for time, and now I have a couple more questions for statistical purposes
onlyǥǥǥǤ
D1. First, in what year were you born?
__ __ __ __
Magellan ID#: COVAILACE-041712 Town of Vail ACE Ballot Language Survey Page 5 of 5
Field Dates: TBD, MoE +/-5.66% 300n, CONFIDENTIAL
Magellan Strategies | 1685 Boxelder St., Suite 300 | Louisville, CO 80027
303-861-8585 | www.MagellanStrategies.com
REPUBLICAN;-1
DEMOCRAT;-2
UNAFFILIATED;-3
LIBERTARIAN;-4
GREEN PARTY;-5 ǯȀ Ǣ-4 (DO NOT READ)
D3. Sex (BY OBSERVATION)
MALE;-1
FEMALE;-2
4 - 3 - 5
5/1/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 1, 2012
ITEM/TOPIC: Resolution No. 22, Series of 2012, A Resolution Approving the Sale of Real
Property in the Town of Vail Legally Described as a Part of Southeast Quarter of Section 6,
Township 5 South Range 80 West of the 6th Meridian According to the Map Thereof Recorded
in the Office of the Eagle County, Colorado Clerk and Recorder; and Setting Forth Details in
Regard Thereto.
PRESENTER(S): George Ruther and Matt Mire
ACTION REQUESTED OF COUNCIL: Approve, amend or deny Resolution No. 22, Series of
2012.
BACKGROUND: The Town of Vail (the "Town") owns certain real property of approximately
fifty-seven one hundreths acres currently known as 75 South Frontage Road, Vail, Colorado
(the "Parcel"). The Town desires to redevelop the adjoining parcel (the " Center Parcel") in
preparation for the construction of a new municipal building and has agreed with the Vail
Valley Medical Center ("VVMC"), The Steadman Clinic ("SC"), Triumph Vail MOB, LLC
("Developer") to cooperate in and to share in certain costs of the project (the "Project")
benefiting both the Municipal Center Parcel. VVMC, SC, Developer propose to construct on
the Parcel a medical office building ("MOB")of approximately 56,000 gross square feet with a
sky bridge connecting the MOB to the Vail Valley Medical Center and with the underground
parking for use by both the MOB and the new be located on the Center Parcel, comprising not
less than 200 surface and underground parking spaces or such greater number of parking
spaces as may be required by zoning requirements.
STAFF RECOMMENDATION: Approve, amend or deny Resolution No. 22, Series of 2012.
ATTACHMENTS:
Resolution No. 22, Series of 2012
Exhibit A
5/1/2012
Resolution No. 22, Series of 2012
RESOLUTION NO. 22
Series of 2012
A RESOLUTION APPROVING THE SALE OF REAL PROPERTY IN THE TOWN OF VAIL
DESCRIBED AS A PORTION OF 75 SOUTH FRONTAGE ROAD, VAIL, COLORADO; 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 Council considers it in the interest of the public health, safety and welfare
to sell property legally described as A Part of Southeast Quarter of Section 6, Township 5 South
Range 80 West of the 6th Principal Meridian, according to the map thereof recorded in the office of
the Eagle County, Colorado, Clerk and Recorder, (the “Property”); and
WHEREAS, the Council’s approval of this Resolution No. 22, Series of 2012, is required for
the sale of the Property.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
1. The sale of the Property is hereby approved by the Council at the purchase price of
$5,000,000.00.
2. The Town Manager is hereby authorized to execute a Purchase and Sale
Agreement, on behalf of the Town, in substantially the same form as attached
hereto as Exhibit A to sell the Property and to take whatever steps are necessary to
complete the sale of the Property.
3. 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 2nd day of May, 2012.
_________________________
Andrew P. Daly,
Mayor of the Town of Vail, Colorado
ATTEST:
_____________________________
Lorelei Donaldson,
Town Clerk
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5/1/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 1, 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 and Warren Campbell, 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
May 15, 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.
On April 3, 2012, the Vail Town Council held a public hearing to discuss the proposed
ordinance and resolution. The Vail Town Council tabled these items to it's May 1, 2012,
hearing to provide the former applicants, Mauriello Planning Group and KH Webb Architects,
an opportunity to construct additional visual models illustrating the various considered GRFA
ratios. The Mauriello Planning Group and KH Webb Architects will be presenting these models
to the Council at its May 1st hearing.
5/1/2012
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 May 15, 2012, public hearing to correspond to the second reading of the
associated ordinance.
ATTACHMENTS:
Town Council memo
vicinity map
Ordinance No. 2, Series of 2012
Resolution No. 7, Series of 2012
GRFA analysis
PEC memo
5/1/2012
TO: Vail Town Council
FROM: Community Development Department
DATE: May 1, 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 (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)
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).
On April 3, 2012, the Vail Town Council held a public hearing to discuss the proposed
ordinance and resolution. The Vail Town Council tabled these items to its May 1, 2012,
hearing to provide the former applicants, Mauriello Planning Group and KH Webb
Architects, an opportunity to construct additional visual models illustrating the various
considered GRFA ratios (1.25, 1.35, 1.50, etc.) The Mauriello Planning Group and KH
Webb Architects will be presenting these models to the Council at its May 1st hearing.
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Town of Vail Page 2
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
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
Standard
HDMF VVTD
Permitted Uses Lodges
Multiple-Family Dwellings
Employee Housing Units
Multiple-Family Dwellings
Employee Housing Units
Lot Area 10,000 sf buildable lot area
30 ft min street frontage
80 ft x 80 ft square
10,000 sf total lot area
2,000 sf individually platted lots
20 ft min street frontage
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Town of Vail Page 3
Setbacks Front 20 ft
Sides 20 ft
Rear 20 ft
Front 20 ft
Sides 20 ft
Rear 20 ft
between attached units 0 ft
Building Height Flat roof 45 ft
Sloping roof 48 ft
Flat roof 40 ft
Sloping roof 43 ft
Density 25 units/acre greater of existing number and
25 units/acre
GRFA
(gross residential
floor area)
0.76 ratio to buildable lot area
+ “250 Additions”
+ Interior Conversions
+ Individual garage deduction
1.35 ratio to total lot area
No “250 Additions”
No Interior Conversions
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
Not allowed in front setback
Surface parking allowed
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 façade appearance, building step-
backs from street
• STREET EDGE: street enclosure, continuity, visual interest
• FAÇADE: 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 façade, create visual interest, reduce appearance
of building height, articulation, add dormers
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Town of Vail Page 4
• FENCE/SITE WALL: discouraged except to screen trash and utilities
• LANDSCAPING: add privacy and soften front building façades
• DECK RAILS: reduce the appearance of building height, include transparency,
include material changes, step from walls
• 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.
On April 3, 2012, the Vail Town Council held a public hearing to discuss the proposed
ordinance and resolution. The Vail Town Council tabled these items to its May 1, 2012,
hearing to provide the former applicants, Mauriello Planning Group and KH Webb
Architects, an opportunity to construct additional visual models illustrating the various
considered GRFA ratios (1.25, 1.35, 1.50, etc.) The Mauriello Planning Group and KH
Webb Architects will be presenting these models to the Council at its May 1st hearing.
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 May 15, 2012, public hearing to correspond with the second
reading of the associated Ordinance No. 2, Series of 2012.
V. RECOMMENDATION
Ordinance No. 2, Series of 2012
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Town of Vail Page 5
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
14, 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
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 May 15, 2012, public hearing.”
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Town of Vail Page 6
VI. ATTACHMENTS
A. Existing Vail Village Townhouse Properties Map
B. Ordinance No. 2, Series of 2012
C. Resolution No. 7, Series of 2012
D. GRFA Analysis Spread Sheets
E. Planning and Environmental Commission Memorandum November 14, 2011
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Ordinance No. 2, Series of 2012 1
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 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, 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:
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Ordinance No. 2, Series of 2012 2
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 strikethrough, 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 strikethrough, 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 strikethrough, 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
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Ordinance No. 2, Series of 2012 3
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.
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Ordinance No. 2, Series of 2012 4
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. Dwelling units 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.
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Ordinance No. 2, Series of 2012 5
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-B, Lease Qualifications, Vail Town Code, is hereby
amended in part as follows (text to be deleted is in strikethrough, 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
strikethrough, text that is to be added is bold, and sections of text that are not
amended have been omitted):
Type
III
Residential cluster
Low density multiple-family
Medium density multiple-
family
High density multiple-family
Vail Village Townhouse
Public accommodation
Commercial core 1
Commercial core 2
Commercial core 3
Commercial service center
Arterial business
Heavy service
Lionshead mixed use 1
Lionshead mixed use 2
Public accommodation 2
The EHU
may be
sold or
transferred
separately.
The EHU
is
excluded
from the
calculatio
n of
GRFA.
n/a
n/a
Per
chapter
10 of
this title
as a
dwelling
unit.
A. Dwelling
unit: 300 sq.
ft. minimum
and 1,200
sq. ft.
maximum.
B. Dormitory
unit: 200 sq.
ft. minimum
for each
person
occupying
the EHU.
The EHU is
excluded
from the
calculation
of density.
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Ordinance No. 2, Series of 2012 6
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 strikethrough,
text that is to be added is bold, and sections of text that are not amended have
been omitted):
Zone Districts
GRFA Ratio
GRFA Credits
(Added To Results Of
Application Of Percentage)
VVT
Vail Village Townhouse
1.35 of total site area None
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 strikethrough,
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), And 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 strikethrough,
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), And 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 strikethrough, 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), and two-family primary/secondary
residential (PS), and Vail Village Townhouse (VVT) districts, dwelling
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Ordinance No. 2, Series of 2012 7
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 strikethrough, 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), and 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 strikethrough, 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 strikethrough, text that is to be added is bold, and sections of text that are not
amended have been omitted):
6 - 3 - 7
5/1/2012
Ordinance No. 2, Series of 2012 8
Zone Districts
Max.
Density
EHU
Allowance
Min.
Building
Setbacks
Min. Deck
(Ground
Level)
Setback
Min. Deck
(Not Ground
Level)
Setback
Max.
Architectural
Projection
Into Setback
Max. Site
Coverage
Min.
Land-
scape
Area
Min. Lot Size
(Buildable Area In
Sq. Ft.)
Min.
Frontage
Min.
Square
Area
Max.
Building
Height
Parking And
Loading
Location
Residential Districts
VVT Vail
Village
Townhouse
Existing
number of
legally
established
units or 25
per acre of
total site
area.
Type III
and Type
IV, Type IV-
IZ, Type
VII-IZ
20’ front
20’ rear
20’ sides
0’
between
attached
dwelling
units
May project
not more
than the
lesser of
10' or 1/2
the
required
setback
May project
not more
than the
lesser of 5'
or 1/2 the
required
setback
4’ 55% 20% 10,000 sq. ft. for
comprehensive
development site;
2,000 sq. ft. for
individually platted
townhouse lots
20’ n/a 40' flat
roof
43'
sloping
roof
See title 12,
chapter 10 of
this code.
Existing
parking in
street right-of-
way may
continue
subject a
revocable right-
of-way permit.
6 - 3 - 8
5/1/2012
Ordinance No. 2, Series of 2012 9
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
6 - 3 - 9
5/1/2012
1
Resolution No. 7, Series of 2012
RESOLUTION NO. 7
Series of 2012
A RESOLUTION AMENDING CHAPTER VII, VAIL VILLAGE SUB-AREAS, EAST
GORE CREEK SUB-AREA (#6), VAIL VILL AGE 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.
6 - 4 - 1
5/1/2012
2
Resolution No. 7, Series of 2012
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 strikethrough, text that is to be added is bold, and sections of text
that are not amended have been omitted):
EAST GORE CREEK SUB AREA (#6)
A number of the earliest projects developed in Vail are located in the East
Gore Creek Sub-Area. Development in this area is exclusively multi-family
condominium and townhouse projects with a very limited amount of
support commercial. Surface parking is found at each site, which creates a
very dominant visual impression of the sub-area.
While the level of development in East Gore Creek is generally greater
than that allowed under existing zoning, this area has the potential to
absorb density without compromising the character of the Village. These
This 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 only 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
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.
6 - 4 - 2
5/1/2012
3
Resolution No. 7, Series of 2012
Development or redevelopment of this sub-area may will 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
6 - 4 - 3
5/1/2012
4
Resolution No. 7, Series of 2012
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 façade
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 façade 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 façade of the third floor and any floors above shall step back 6
to 10 feet from the façade of the second floor below.
E. Street Edge: Front façade shall be generally parallel to the street
and form a strong, but irregular edge to the street. Front façades
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. Façade: To reduce the appearance of building height and mass,
and to create a residential scale and character, all façades shall
incorporate vertical and horizontal articulation to reduce the
appearance of building height and mass and to foster the
6 - 4 - 4
5/1/2012
5
Resolution No. 7, Series of 2012
appearance of a residential neighborhood. Façades should
incorporate doors, decks, porches, balconies, fenestration, recesses,
bay windows, ornamentation, and other traditional residential
architectural elements. No façade 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 façade.
G. Cantilevers: On the front façade, 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
façade 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 façades.
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.
6 - 4 - 5
5/1/2012
6
Resolution No. 7, Series of 2012
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 Residential Infill Texas Townhomes/Vail Trails
Additional floor or residential development over what is existing. Additional
density to be considered only in conjunction with a comprehensive
redevelopment of each project. 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 - 4 - 6
5/1/2012
7
Resolution No. 7, Series of 2012
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.
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
6-3
6 - 4 - 7
5/1/2012
8
Resolution No. 7, Series of 2012
6 - 4 - 8
5/1/2012
A. GRFA based on lot size Unit 7Unit 8Unit 9 Unit 10Unit 11Unit 12Unit 13
lot size 2,7442,6142,3962,2652,3092,9195,750
allowed GRFA2,0851,9871,8211,7211,7552,2184,370
ratio of lot size0.760.760.760.760.760.760.76
allowed GRFA + Interior Conversion(15%)2,3982,2852,0941,9802,0182,5515,026
ratio of lot size0.870.870.870.870.870.870.87
2x250's per unit1,0001,0005001,0001,0001,0001,000
allowed GRFA + IC's + 2x250's3,3983,2852,5942,9803,0183,5516,026
GRFA ratio 1.241.261.081.321.311.221.05
B. GRFA based on built conditions Unit 7Unit 8Unit 9 Unit 10Unit 11Unit 12Unit 13
lot size 2,7442,6142,3962,2652,3092,9195,750
existing GRFA2,2522,7131,6672,4772,5652,5663,926
ratio of lot size0.821.040.701.091.110.880.68
allowed GRFA + Interior Conversion(15%)2,5903,1201,9172,8492,9502,5904,515
ratio of lot size0.941.190.801.261.280.890.79
1x250 per unit (un-built post 2004)500 0 250500500500500
allowed GRFA + IC's + 2x250's3,0903,1202,1673,3493,450 3,0905,015
GRFA ratio 1.131.190.901.481.491.060.87
A. GRFA based on lot size Lot 1Lot 2Lot 3Lot 4Lot 5Lot 6Lot 7Lot 8&9
lot size 2,3092,3522,3092,3522,3522,3522,3523,920
allowed GRFA1,7551,7881,7551,7881,7881,7881,7882,979
ratio of lot size0.760.760.760.760.760.760.760.76
allowed GRFA + Interior Conversion(15%)2,0182,0562,0182,0562,0562,0562,0563,426
ratio of lot size0.870.870.870.870.870.870.870.87
2x250's per unit5001,0005001,0001,0001,0001,0001,000
allowed GRFA + IC's + 2x250's2,5183,0562,5183,0563,0563,0563,0564,426
Allowed GRFA ratio1.091.301.091.301.301.301.301.13
B. GRFA based on built conditions Lot 1Lot 2Lot 3Lot 4Lot 5Lot 6Lot 7Lot 8&9
lot size 2,3092,3522,3092,3522,3522,3522,3523,920
existing GRFA2,1261,8451,0802,2262,3362,0611,8453,216
ratio of lot size0.920.780.470.950.990.880.780.82
allowed GRFA + Interior Conversion(15%)2,4452,1221,2422,5602,6862,370 2,1223,698
ratio of lot size1.060.900.541.091.141.010.900.94
1x250 per unit (un-built post 2004)250500250500500500500500
allowed GRFA + IC's + 2x250's2,6952,6221,4923,0603,1862,8702,6224,198
GRFA ratio 1.171.110.651.301.351.221.111.07
Vail Row Houses
Texas Townhomes
6 - 5 - 1
5/1/2012
A. GRFA based on lot size Whole A. GRFA based on lot size Whole A. GRFA based on lot size Whole
lot size 16,220 lot size 18,644 lot size 20,735
allowed GRFA12,327allowed GRFA14,169allowed GRFA15,759
ratio of lot size0.76ratio of lot size0.76ratio of lot size0.76
allowed GRFA + Interior Conversion(15%)14,176allowed GRFA + Interior Conversion(15%)16,295allowed GRFA + Interior Conversion(15%)18,122
ratio of lot size0.87ratio of lot size0.87ratio of lot size0.87
2x250's per 11 unit (pre & post 2004)5,5002x250's per 19 unit (pre & post 2004)9,5002x250's per 25 unit (pre & post 2004)12,500
allowed GRFA + IC's + 2x250's per unit19,676allowed GRFA + IC's + 2x250's25,795allowed GRFA + IC's + 2x250's30,622
GRFA ratio 1.21 GRFA ratio 1.38 GRFA ratio 1.48
B. GRFA based on built conditions Whole B. GRFA based on built conditions Whole B. GRFA based on built conditions Whole
lot size 16,220 lot size 18,644 lot size 20,735
existing GRFA15,608existing GRFA15,608existing GRFA 15,608
ratio of lot size0.96ratio of lot size0.84ratio of lot size0.75
existing GRFA + Interior Conversion(15%)17,949existing GRFA + Interior Conversion(15%)17,949existing GRFA + Interior Conversion(15%)17,949
ratio of lot size1.11ratio of lot size0.96ratio of lot size0.87
1x250 per 11 units (unbuilt post 2004)2,7501x250 per 11 units (unbuilt post 2004)4,7501x250 per 25 units (unbuilt post 2004)6,250
built GRFA + IC's + 1x250 per unit20,699built GRFA + IC's + 1x250 per unit22,699built GRFA + IC's + 1x250 per unit24,199
GRFA ratio 1.28 GRFA ratio 1.22 GRFA ratio 1.17
Vail Townhouse Condos Vail Trails Chalet Vail Trails East
6 - 5 - 2
5/1/2012
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:
x 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,
6 - 6 - 1
5/1/2012
Town of Vail Page 2
x Establish incentives for the redevelopment of existing townhouse properties in
Vail Village; and,
x 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
6 - 6 - 2
5/1/2012
Town of Vail Page 3
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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Town of Vail Page 4
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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Town of Vail Page 5
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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Town of Vail Page 6
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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Town of Vail Page 7
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)
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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Town of Vail Page 8
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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Town of Vail Page 9
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.
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Town of Vail Page 10
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.
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Town of Vail Page 11
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
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Town of Vail Page 12
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
15, 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
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Town of Vail Page 13
Attachment A
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5/1/2012
Ordinance No. __, Series of 2011 1
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 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 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:
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Ordinance No. __, Series of 2011 2
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 strikethrough, 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 strikethrough, 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 strikethrough, 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
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Ordinance No. __, Series of 2011 3
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.
Other uses customarily incidental and accessory to permitted or
conditional uses, and necessary for the operation thereof.
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Ordinance No. __, Series of 2011 4
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 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:
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Ordinance No. __, Series of 2011 5
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-B, Lease Qualifications, Vail Town Code, is hereby
amended in part as follows (text to be deleted is in strikethrough, 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
strikethrough, text that is to be added is bold, and sections of text that are not
amended have been omitted):
Type
III
Residential cluster
Low density multiple-family
Medium density multiple-
family
High density multiple-family
Vail Village Townhouse
Public accommodation
Commercial core 1
Commercial core 2
Commercial core 3
Commercial service center
Arterial business
Heavy service
Lionshead mixed use 1
Lionshead mixed use 2
Public accommodation 2
Ski base/recreation
Ski base/recreation 2
Special
development district
Parking district
General use
The EHU
may be
sold or
transferred
separately.
The EHU
is
excluded
from the
calculatio
n of
GRFA.
n/a
n/a
Per
chapter
10 of
this title
as a
dwelling
unit.
A. Dwelling
unit: 300 sq.
ft. minimum
and 1,200
sq. ft.
maximum.
B. Dormitory
unit: 200 sq.
ft. minimum
for each
person
occupying
the EHU.
The EHU is
excluded
from the
calculation
of density.
6 - 6 - 18
5/1/2012
Ordinance No. __, Series of 2011 6
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 strikethrough,
text that is to be added is bold, and sections of text that are not amended have
been omitted):
Zone Districts
GRFA Ratio
GRFA Credits
(Added To Results Of
Application Of Percentage)
VVT
Vail Village Townhouse
1.35 of total site areaNone
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 strikethrough,
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), And 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 strikethrough,
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), And 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 strikethrough, 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), and 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.
6 - 6 - 19
5/1/2012
Ordinance No. __, Series of 2011 7
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 strikethrough, 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), and 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 strikethrough, 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 strikethrough, text that is to be added is bold, and sections of text that are not
amended have been omitted):
6 - 6 - 20
5/1/2012
Ordinance No. __, Series of 2011 8
Zone Districts
Max.
Density
EHU
Allowance
Min.
Building
Setbacks
Min. Deck
(Ground
Level)
Setback
Min. Deck
(Not
Ground
Level)
Setback
Max.
Architectural
Projection
Into Setback
Max. Site
Coverage
Min.
Land-
scape
Area
Min. Lot Size
(Buildable Area In
Sq. Ft.)
Min.
Frontage
Min.
Square
Area
Max.
Building
Height
Parking And
Loading
Location
Residential Districts
VVT Vail
Village
Townhouse
Existing
number of
legally
established
units or 25
per acre of
total site
area.
Type III
and Type
IV, Type
IV-IZ, Type
VII-IZ
20’ front
20’ rear
20’ sides
0’
between
attached
dwelling
units
May
project not
more than
the lesser
of 10' or 1/2
the
required
setback
May
project not
more than
the lesser
of 5' or 1/2
the
required
setback
4’ 55% 20% 10,000 sq. ft. for
comprehensive
development site;
2,000 sq. ft. for
individually platted
townhouse lots
20’ n/a 40' flat
roof
43'
sloping
roof
See title 12,
chapter 10 of
this code.
Existing
parking in
street right-of-
way may
continue
subject a
revocable right-
of-way permit.
6 - 6 - 21
5/1/2012
Ordinance No. __, Series of 2011 9
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 ___ 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
6 - 6 - 22
5/1/2012
1
Resolution No. __, Series of 2011
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:
6 - 6 - 23
5/1/2012
2
Resolution No. __, Series of 2011
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 strikethrough, text that is to be added is bold, and sections of text that are not
amended have been omitted):
EAST GORE CREEK SUB AREA (#6)
A number of the earliest projects developed in Vail are located in the East
Gore Creek Sub-Area. Development in this area is exclusively multi-family
condominium and townhouse projects with a very limited amount of support
commercial. Surface parking is found at each site, which creates a very
dominant visual impression of the sub-area.
While the level of development in East Gore Creek is generally greater than
that allowed under existing zoning, this area has the potential to absorb
density without compromising the character of the Village. These This
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 only 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 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 may will attract additional
traffic and population into this area and may have significant impacts upon
portions of Sub-Areas 7 and 10.
6 - 6 - 24
5/1/2012
3
Resolution No. __, Series of 2011
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
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.
6 - 6 - 25
5/1/2012
4
Resolution No. __, Series of 2011
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 façade 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 façade 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
façade of the third floor and any floors above shall step back 6 to 10
feet from the façade of the second floor below.
E. Street Edge: Front façade shall be generally parallel to the street and
form a strong, but irregular edge to the street. Front façades 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. Façade: To reduce the appearance of building height and mass, and
to create a residential scale and character, all façades shall incorporate
vertical and horizontal articulation to reduce the appearance of building
height and mass and to foster the appearance of a residential
neighborhood. Façades should incorporate doors, decks, porches,
balconies, fenestration, recesses, bay windows, ornamentation, and
other traditional residential architectural elements. No façade 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 façade.
G. Cantilevers: On the front façade, 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.
6 - 6 - 26
5/1/2012
5
Resolution No. __, Series of 2011
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
façade 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 façades.
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 Residential Infill Texas Townhomes/Vail Trails
Additional floor or residential development over what is existing. Additional
density to be considered only in conjunction with a comprehensive
redevelopment of each project. 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
6 - 6 - 27
5/1/2012
6
Resolution No. __, Series of 2011
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.
6-3
6 - 6 - 28
5/1/2012
7
Resolution No. __, Series of 2011
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
6 - 6 - 29
5/1/2012
1
Bill Gibson
From:Shelley Bellm
Sent:Tuesday, October 25, 2011 4:33 PM
To:Warren Campbell; Bill Gibson
Subject:FW:
FYI – I received this yesterday.
From: Dale Bugby [mailto:DBugby@VailResortRentals.Com]
Sent: Friday, October 21, 2011 4:55 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:
x 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.
x 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.
x 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
6 - 6 - 30
5/1/2012
2
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
6 - 6 - 31
5/1/2012
1
Bill Gibson
From:David Reynolds <davidhreynolds@hotmail.com>
Sent:Tuesday, November 08, 2011 2:17 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
6 - 6 - 32
5/1/2012
1
Bill Gibson
From:Jim Butterworth <jim@butterworth.net>
Sent:Wednesday, November 09, 2011 8:23 AM
To:Bill Gibson
Cc:Warren Campbell
Subject:Re: Vail Village Town House Zoning District
Attachments:image001.png; image002.png
DearBillandWarren,myunderstandingisthatthismatterismovingtothePEConthe14th.Iknowyou'vebeenworkingon
thisprojectforaLONGtime!WithrespecttothePECmeetingonMonday,I'drespectfullysuggestthatthePECalloweithera
fullbasementexemptionorfortheGRFAratiotobe1.5.
Iappreciateyourconsiderationofthisrequest!
Allthebest,Jim
From:BillGibson<BGibson@vailgov.com>
Date:Fri,23Sep201121:37:43+0000
To:JimButterworth<jim@butterworth.net>
Subject:RE:VailVillageTownHouseZoningDistrict
ThanksforyouremailJim.
WewillbetablingthisitemtoatleasttheOctober10thPEC,butmaytableditoutevenfurthertothehearingonthe
24th.
Sincerely,
Bill
Bill Gibson, AICP
Town Planner
Community Development
970.479.2173
970.479-2452 fax
vailgov.com
twitter.com/vailgov
6 - 6 - 33
5/1/2012
2
From: Jim Butterworth [mailto:jim@butterworth.net]
Sent: Wednesday, September 21, 2011 11:59 AM
To: Bill Gibson; Warren Campbell
Subject: Vail Village Town House Zoning District
DearWarrenandBill:
AsyouknowIhavebeenfollowingtheproposedTownHousedistrictveryclosely.Iwouldliketheattendthe
nexthearingonthisproposalbutIhaveaconflictonSeptember26thandcannotmakethemeeting.Iwould
liketorequestthatyoutabletheproposaltotheOctober10thmeetingdateofthePECsothatImighthave
theopportunitytospeakatthemeetingandprovidemewithalittlemoretimetoevaluatethe
proposal.PleaseletmeknowifyouareabletoaccommodatemyrequestandIappreciateyour
consideration.
Andthankyouforyourtirelessworkonthisproposal!
Sincerely,
JimButterworth
6 - 6 - 34
5/1/2012
Vail VillageTownhouse
(VVT)ZoneDistrict
ExistingGRFA
Calculation Formulas
Town ofVail CommunityDevelopment
10/19/10
6 - 6 - 35
5/1/2012
Existing Allowable GRFAFormula
•A=lotsizex0.76(HDMFGRFAratio)
•B=Ax0.15(interiorconversionequivalent)
•C=unitsx250(250equivalent)
•A+B+C=ExistingAllowable GRFA(sq.ft.)
•GRFA/LotSize=AllowableGRFARatio
Town ofVail CommunityDevelopment
10/19/10
6 - 6 - 36
5/1/2012
ExistingAllowableGRFARatio
•Vail Townhouses:1.04
•Vail Row Houses:0.96to1.09
•Vail TrailsChalet:1.13
•Vail TrailsEast:1.18
•Texas Townhomes:0.98to 1.09
Town ofVail CommunityDevelopment
10/19/10
6 - 6 - 37
5/1/2012
ExistingAllowableGRFARatio
(plus 250’spriorto 2004)
•Vail Townhouses:1.33
•Vail Row Houses:1.16to1.43
•Vail TrailsChalet:1.50
•Vail TrailsEast:1.59
•Texas Townhomes:1.20to1.41
Town ofVail CommunityDevelopment
10/19/10
6 - 6 - 38
5/1/2012
ExistingAllowableGRFARatio
(baseduponbuiltconditions)
•Vail Townhouses:1.13
•Vail Row Houses:0.76to1.53
•Vail TrailsChalet:1.27
•Vail TrailsEast:1.32
•Texas Townhomes:0.88to1.21
Town ofVail CommunityDevelopment
10/19/10
6 - 6 - 39
5/1/2012
Vail VillageTownhouse
(VVT)ZoneDistrict
1.25vs1.35
GRFARatios
Town ofVail CommunityDevelopment
10/19/10
6 - 6 - 40
5/1/2012
Vail Townhouses,Vail TrailsChalets
andVail TrailsEast
LotSize
(sq.ft.)
1.25GRFA
Ratio
(sq.ft.)
1.35GRFA
Ratio
(sq.ft.)
FloorArea
Increase
(sq.ft.)
Increase
perUnit
(sq.ft.)
Vail
Townhouses
(11units)
16,22020,27521,8971,622147
Vail Trails
Chalets
(19units)
18,64423,30525,1691,86498
Vail Trails
East
(25Units)
20,73525,91927,9922,07383
Town ofVail CommunityDevelopment
10/19/10
6 - 6 - 41
5/1/2012
Vail Row Houses
LotSize
(sq.ft.)
1.25GRFA
Ratio(sq.ft.)
1.35GRFA
Ratio(sq.ft.)
FloorArea
Increase
(sq.ft.)
Lot7(2units)2,7443,4303,704274
Lot8 (2units)2,6143,2683,529261
Lot9 (1unit)2,3962,9953,235240
Lot10(2units)2,2652,8313,058227
Lot11(2units)2,3092,8863,117231
Lot12(2units)2,9193,6493,941292
Lot13(2units)5,7507,1887,763575
Town ofVail CommunityDevelopment
10/19/10
6 - 6 - 42
5/1/2012
Texas Townhomes
LotSize
(sq.ft.)
1.25GRFA
Ratio(sq.ft.)
1.35GRFA
Ratio
(sq.ft.)
FloorArea
Increase
(sq.ft.)
Lot1(1unit)2,3092,8863,117231
Lot2(2units)2,3522,9403,175235
Lot3(1units)2,3092,8863,117231
Lot4 (2units)2,3522,9403,175235
Lot5 (2units)2,3522,9403,175235
Lot6 (2units)2,3522,9403,175235
Lot7 (2units)2,3522,9403,175235
Lots8&9
(2units)
3,9204,9005,292392
Town ofVail CommunityDevelopment
10/19/10
6 - 6 - 43
5/1/2012
Vail VillageTownhouse
(VVT)ZoneDistrict
ExampleRoofEave
Heights
Town ofVail CommunityDevelopment
10/19/10
6 - 6 - 44
5/1/2012
Vail Row Houses&Vail Townhouses
26’38’33’
35’31’
6 - 6 - 45
5/1/2012
MillCreekCourt
38’
46’
6 - 6 - 46
5/1/2012
Villa Valhalla
36’
6 - 6 - 47
5/1/2012
Vorlaufer
34’
40’
6 - 6 - 48
5/1/2012
Vail TrailsChalets
17’
24’
6 - 6 - 49
5/1/2012
Vail TrailsEast
19’
28’
6 - 6 - 50
5/1/2012
Ram’sHorn
48’
55’
37’
6 - 6 - 51
5/1/2012
Texas Townhomes
19’
30’
6 - 6 - 52
5/1/2012
ManorVail
50’
43’
6 - 6 - 53
5/1/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 1, 2012
ITEM/TOPIC: Resolution No. 20, Series of 2012, A Resolution Authorizing the Town Manager
to Sign a Wireless Communications and License Agreement Between the Town of Vail and
NewPath Networks, LLC; and Setting Forth Details in Regard Thereto.
PRESENTER(S): Ron Braden
ACTION REQUESTED OF COUNCIL: Approve, amend or deny Resolution No. 20, Series of
2012.
BACKGROUND: The Town Council wishes to enter into a wireless communications and
license agreement with NewPath Networks, LLC to enhance the wireless communications
services and to avoid unnecessary disruption and administrative burdens throughout the town.
STAFF RECOMMENDATION: Approve, amend or deny Resolution No. 20, Series of 2012.
ATTACHMENTS:
Resolution No. 20, Series of 2012
5/1/2012
Resolution No. 20, Series of 2012
RESOLUTION NO. 20
Series of 2012
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO SIGN A WIRELESS
COMMUNICATIONS AND LICENSE AGREEMENT BETWEEN THE TOWN OF VAIL AND
NEWPATH NETWORKS, LLC; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of Colorado
is a home rule municipal corporation duly organized and existing under the laws of the State of
Colorado and the Town Charter (the “Charter”);
WHEREAS, the members of the Town Council of the Town (the “Council”) have been
duly elected and qualified;
WHEREAS, the Town wishes to enter into a Wireless Communications and License
Agreement (the “Agreement”) with NewPath Networks, LLC (NPN) to enhance the wireless
communications services and to avoid unnecessary disruption and administrative burdens
throughout the town;
WHEREAS, NPN proposes to occupy a portion of certain of Town structures and
property for the purposes of creating a wireless communications network available for hire from
NPN by telecommunications providers; and
WHEREAS, approval of Resolution 20, Series of 2012 is required to enter into the
Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. The Council hereby authorizes the Town Manager to enter into the
Agreement with NPN 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 1st day of May, 2012.
_________________________
Andrew P. Daly, Town Mayor
ATTEST:
_____________________________
Lorelei Donaldson, Town Clerk
7 - 1 - 1
5/1/2012
Resolution No. 20, Series of 2012
EXHIBIT A
Wireless Communications and License Agreement
by and between
Town of Vail
and
ewPath etworks, LLC
Dated _______ __, 2012
7 - 1 - 2
5/1/2012
Resolution No. 20, Series of 2012
TABLE OF COTETS
o table of contents entries found.
SCHEDULES:
Schedule 1 System Description
Schedule 1.1 Hub Site/ode Location Form
Schedule 2 Property
Schedule 3 Existing Agreements
Schedule 4 Licensee’s Fiber Made Available to Licensor
EXHIBITS:
EXHIBIT A Application and Additional License
EXHIBIT B otification of Removal by Licensee
EXHIBIT C System Specifications
EXHIBIT D Fiber etwork Standards
7 - 1 - 3
5/1/2012
Wireless Communications and License Agreement
Page 1 of 11
WIRELESS COMMUICATIOS AD LICESE AGREEMET
THIS WIRELESS COMMUNICATIONS AND LICENSE AGREEMENT (this “Agreement”), in entered into as of
the date fully executed below (“Effective Date”), by and between the Town of Vail, a Colorado home rule
municipality (“Licensor”), and ewPath etworks, LLC , a New Jersey limited liability company (“Licensee”).
RECITALS
A. WHEREAS, Licensor is the owner of, with certain limited exceptions, the land and premises identified in
Schedule 2 hereto, including certain buildings and grounds (the “Property”), which Property includes
buildings, utility infrastructure, signage, light standards and other improvements (the “Structures”); and
B. WHEREAS, Licensor desires (i) to enhance the wireless communications services available at the Property
through a more comprehensive solution on the conditions agreed to herein; (ii) to rely on the resources and
experience of Licensee to manage access to the Property and the Structures by the use of common facilities
for all Wireless Carriers to minimize redundant use of the structures and minimize the visual impact of such
facilities; and (iii) to avoid unnecessary disruption and administrative burdens for Licensor’s business and
operations; and
C. WHEREAS, Licensee proposes to occupy a portion of certain of Licensor’s Structures and Property for the
purposes of creating a wireless communications network available for hire from Licensee by
telecommunications providers; and
D. WHEREAS, Licensor is authorized to grant certain Licenses to Licensee to make Attachments to the
Structures and to occupy a certain portion of the Property in accordance with the terms of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, the parties
hereto do hereby covenant and agree as follows:
AGREEMET
1. Definitions. For all purposes of this Agreement, the following terms shall be defined as follows:
a. Additional License shall mean any agreement to Attach to additional Structures and/or use of a
portion of the Property, as the Parties may reasonably agree during the Term upon execution of a
form of application and license attached as Exhibit A hereto.
b. Additional Services shall have the meaning set forth in Section 2.e.
c. Agent shall mean any directors, trustees, officers, employees, affiliates, agents, assigns,
successors, representatives, contractors or subcontractors of a Party.
d. Agreement shall have the meaning set forth in the Preamble.
e. Alternate Location shall have the meaning set forth in Section 6.b.
f. Attach shall mean to install, connect, or construct Attachments on, at or in a Structure pursuant to
a License.
g. Attachments shall include wire, fiber optic, telecommunications and/or coaxial cable, Nodes, and
other wireless communications equipment attached and maintained upon a Structure pursuant to a
License.
7 - 1 - 4
5/1/2012
Wireless Communications and License Agreement
Page 2 of 11
h. Claim shall mean shall mean any and all claims of liability or loss from personal injury or
property damage, and related damages, fines, judgments, penalties, costs, liabilities or losses
(including any and all sums paid for settlement of claims, attorneys’ fees, and consultants’ and
experts’ fees) arising from a Party’s violation of this Agreement, including reasonable attorneys’
fees and other direct costs of legal defense.
i. Cure Period shall have the meaning set forth in Section 10.
j. DAS shall have the meaning set forth in the “System” definition.
k. Defaulting Party shall have the meaning set forth in Section 10.
l. Effective Date shall mean the date set forth in the Preamble.
m. Environmental Law shall mean any Law regulating the presence of Hazardous Materials on or
relating to the Property, including the Solid Waste Disposal Act, 42 U.S.C. § 6901, et seq.; the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C.
§ 9601, et seq., as amended by the Superfund Amendments and Reauthorization Act of 1986; the
Federal Water Pollution Control Act, 33 U.S.C. § 1251, et seq.; the Clean Air Act, 42 U.S.C.
§ 7401, et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601, et seq.; the Safe Drinking
Water Act, 42 U.S.C. § 300f, et seq.; or and state or local Law analogous thereto.
n. Existing Agreements shall mean the agreements identified in Schedule 3 hereto, each between a
Wireless Carrier and Licensor in full force and effect as of the Effective Date for the operation of
Wireless Carrier facilities on the Property.
o. Fiber etwork shall mean collectively the (i) dark fiber capacity on Licensor’s fiber optic
network installed throughout the Property and dedicated for Licensee’s use through a License
(“Licensor’s Fiber”) or (ii) dark fiber capacity on fiber optic network installed by Licensee
throughout the Property and dedicated for Licensor’s use as identified on Schedule 4 hereto
(“Licensee’s Fiber”).
p. Fiber etwork Standards are set forth in Exhibit D hereto.
q. Government Authority shall mean the United States of America, the State of Colorado, and the
Town of Vail, and any other entity exercising executive, legislative, judicial, regulatory or
administrative functions of, over, or pertaining to the System or the Property.
r. Government Permits shall mean all certificates, permits or other approvals which may be
required from any Government Authority necessary for the construction and operation of the
System.
s. Hazardous Materials shall mean (i) any explosive or radioactive substances or waste, petroleum
or petroleum distillates, asbestos or asbestos-containing materials, polychlorinated biphenyls;
(ii) any ‘hazardous substances,’ ‘extremely hazardous substance,’ ‘hazardous chemical,’ ‘toxic
chemical,’ ‘hazardous waste’ or ‘pollutant,’ each as defined under Environmental Law; and
(iii) any substance or waste regulated under any Environmental Law.
t. Hub Site shall mean the exterior or interior space licensed by Licensor to Licensee: (i) for the
installation of Licensee’s equipment for the operation and control of the System; and (ii) to be
sublicensed to tenant Wireless Carriers for the placement and operation of their equipment
required for use of the System.
u. Initial License shall have the meaning set forth in Section 2.
v. Initial Term shall have the meaning set forth in Section 3.
7 - 1 - 5
5/1/2012
Wireless Communications and License Agreement
Page 3 of 11
w. Laws shall mean any administrative, judicial, legislative or other statute, law, ordinance,
Government Permit, regulation, rule, order, decree, written pronouncement, writ, award or
decision of any Government Authority.
x. License shall mean the right to Attach Attachments to Radio Space to a Structure for operation of
the System.
y. Licensed Structure shall mean a Structure upon which an Attachment has been made and is
maintained thereupon by Licensee pursuant to this Agreement.
z. Licensee shall have the meaning set forth in the Preamble.
aa. Licensee’s Fiber shall have the meaning set forth in the “Fiber Network” definition.
bb. Licensor shall have the meaning set forth in the Preamble.
cc. Licensor’s Fiber shall have the meaning set forth in the “Fiber Network” definition.
dd. ode shall mean, alternatively, (i) a radio access node of the System, consisting of an antenna,
equipment box, cabling connecting the antenna and equipment box, and related attachments; or
(ii) an in-building system.
ee. on-Conflicting Agreement shall mean any agreement (except for the Existing Agreements)
between a Wireless Carrier and Licensor in full force and effect as of the Effective Date for the
operation of Wireless Carrier facilities on the Property.
ff. on-Defaulting Party shall have the meaning set forth in Section 10.
gg. Parties or Party shall mean Licensor and Licensee.
hh. Person shall mean any individual, corporation, partnership, joint venture, association, joint-stock
company, trust, unincorporated organization or government or any agency or political subdivision
thereof.
ii. Primary Purpose shall have the meaning set forth on Schedule 2 hereto.
jj. Property shall have the meaning set forth in the Recitals.
kk. Radio Space shall be the locations on, in or at a Structure occupied by any Attachments for
operation of the System.
ll. Renewal Term shall have the meaning set forth in Section 3.
mm. Report shall have the meaning set forth in Section 4.b.
nn. RF shall mean radio frequency energy, whether or not associated with operation of the System.
oo. Structure Manager means Licensor’s designated manager for managing and administering, on
behalf of Licensor, the Attachments, Licenses, and administration of visual impact and aesthetics
provisions of this Agreement for a particular property.
pp. Structure shall have the meaning set forth in the Recitals.
qq. System shall mean collectively the Wi-Fi Network and the neutral access distributed antenna
system (“DAS”) (indoor and outdoor) constructed by Licensee under the License for the purpose
of providing RF coverage in and about the Property, including Licensee’s equipment at the Hub
Site, and all Attachments, power lines, coaxial, fiber optic and telecommunications cables, and
7 - 1 - 6
5/1/2012
Wireless Communications and License Agreement
Page 4 of 11
other associated equipment located throughout the Property and at the Hub Site, and operated by
Licensee on a commercial, for-profit basis to provide services to Wireless Carriers.
rr. System Specifications means the specifications outlined in Exhibit C.
ss. Term shall have the meaning set forth in Section 3.
tt. Term Commencement Date shall mean the date that Licensee commences construction of the
System (as confirmed in writing by the Parties).
uu. Wi-Fi Network shall mean a Wi-Fi network operating in frequencies not licensed by the Federal
Communications Commission (utilizing 802.11 a, b, g, and n, and any other available frequencies,
including the 2.4 and 5 GHz bands) to provide wireless broadband access to Licensor, its
employees, invitees and guests.
vv. Wireless Carrier shall mean (i) a wireless services provider offering communications services to
the public, including cellular, Personal Communications Service (“PCS”), specialized mobile
radio (“SMR”), paging, wireless broadband, telematics, and wireless data carriers or (ii) an entity
providing network capacity or services on a wholesale basis, including to wireline and wireless
communication service providers, cable operators, device manufacturers, web players or content
providers. Licensor shall not be considered a Wireless Carrier.
2. Grant of License. Licensor agrees, subject to the conditions in this Agreement, that it will permit Licensee
(a) to place and maintain Attachments within the Radio Space designated on the Structures in order to operate its
System as set forth in Schedule 1 hereto, including the construction of the Hub Site and (b) if applicable to use
Licensor’s Fiber or related conduit in operation of the System as set forth in Schedule 1 hereto (the “Initial License”,
collectively with all Additional Licenses, the “License”). Licensee agrees that its Attachments will be used only in
connection with Licensee's construction, operation and maintenance of the System and for no other purpose.
Licensee expressly recognizes that the Structures are used and are to continue to be used by Licensor for the Primary
Purpose, and that Attachments are and will continue to be secondary and subordinate to Licensor’s use of the
Structures. Licensee shall be solely responsible for obtaining other required attachment or license agreements for
Structures which may be located on Licensor's property, but not owned by Licensor.
a. Additional Licenses. Licensee shall have the right to (i) attach to any additional Structure; or
(ii) add additional Attachments to any Structure; or use additional portions of Licensor’s Fiber,
upon grant of an Additional License (substantially in the form attached hereto as Exhibit A hereto)
by Licensor or by the Structure Manager on behalf of Licensor. Each Additional License shall
identify the location of the Attachments authorized in the Additional License. Subject to
Section 2.b below, Licensee shall have priority right to the use of the Structures for purpose of
operating a System on the Property and Licensor shall not permit the installation or operation of
any other services which cause material and harmful interference to the System.
b. Limitations. Regardless of its duration, Licensee's use of a Structure shall not vest in Licensee
any ownership rights in the Structure. The right to Attach herein granted shall at all times be
subject to pre-existing contracts and arrangements, written notice of which Licensor provides to
Licensee in advance of issuing a License. Nothing herein contained shall be construed to compel
Licensor to maintain any of its Structures for a period longer than is necessary for its Primary
Purpose. In addition, notwithstanding anything in this Agreement to the contrary, Licensee's right
to Attach to any Structure shall at all times be subject to Licensor's police power, and Licensee
acknowledges that Licensor cannot waive or limit such police power by entering into this
Agreement.
c. Consents. Licensor represents that it is authorized to grant Licenses to Licensee to Attach and
that Licensor has authorized the Structure Manager to grant Licenses on its behalf consistent with
the terms of this Agreement. With respect to any Structures to which Licensor's grant of a License
to Licensee requires third party consent, Licensor shall use reasonable efforts to obtain such
consent, provided that such reasonable efforts are at no cost to Licensor. Licensee will be
7 - 1 - 7
5/1/2012
Wireless Communications and License Agreement
Page 5 of 11
responsible at its expense for securing all Government Permits necessary for the installation and
operation of the System. To the extent that any Governmental Permits are subject to Licensor's
approval, nothing in this Agreement shall require Licensor's approval or issuance of such
Governmental Permits, or imply that Licensor will approve or issue such Governmental Permits.
Licensor shall process such Governmental Permit applications as any other permit applications are
processed in the normal course of business.
d. Preferred Provider. Licensor acknowledges that it intends each System to replace coverage
currently provided at each Property by certain Wireless Carriers through the Existing Agreements
and that Licensee has entered into this Agreement to construct and operate the System in reliance
upon Licensor’s covenants contained in this Section 2. Therefore, during the Term, except as
provided below, Licensor shall take no affirmative actions to renew or extend any of the Existing
Agreements, nor execute any amendments or other documents to extend the term of any Existing
Agreement beyond its currently effective final expiration date, unless specifically requested to do
so by an existing tenant. Without limiting the obligations above, Licensor reserves the right (a) to
continue the Existing Agreements until current term expiration; and (b) to maintain, amend, renew
or extend any Non-Conflicting Agreement. The DAS shall not cause interference to any networks
or network facilities utilized by Licensor, and if any such interference is identified, Licensee shall
take reasonable steps to correct such interference within a reasonable period of time. At such time
as Licensor enters into any agreement with any other Person utilizing municipal facilities
(including the Structures) or municipal rights of way for deployment of a wireless
communications network, the Licensor shall impose similar non interference requirements,
including preventing material and harmful interference with the System.
e. System Expansion. Licensor and Licensee acknowledge and agree that increased demand,
changes or advances in wireless technology, among other reasons, during the Term may cause
Licensor to desire expansion of the System or the provision of additional wireless network
coverage on the Property (collectively, “Additional Services”), and Licensee shall have the non-
exclusive right to provide the Additional Services as set forth herein. In the event Licensor desires
Additional Services (whether such intent is initiated from its own request or in response to a
request from a Wireless Carrier to use space on the Property), it shall provide a written proposal to
Licensee setting forth its coverage, technology and other objectives. Licensee shall provide a
written proposal for the provision of Additional Services within ninety (90) days following receipt
of notice from Licensor. In the event that Licensor accepts Licensee’s proposal (as may be
modified by mutual consent), the Parties agree to execute an Application and Additional License
in substantially the form set forth in Exhibit A (as mutually agreed) describing the Additional
Services. In the event that (i) Licensee declines to provide the Additional Services, or
(ii) following good faith negotiations, Licensor and Licensee cannot reach agreement on the
provision of Additional Services within one hundred eighty (180) days following delivery of the
proposal, then Licensor shall be free to enter into agreements with any third party for Additional
Services but similar to that set forth in its original request or initial Licensee’s proposal.
Notwithstanding the provisions of this section, Licensor shall have no obligation whatsoever to
allow any Additional Services and Licensee shall have no obligation to effect or right to require
such expansion.
3. Term. This Agreement shall commence on the Effective Date and shall continue in effect for a period of
fifteen (15) years following the Term Commencement Date (the “Initial Term”) unless previously terminated
pursuant to the provisions herein. The Agreement shall automatically renew for three (3) additional five (5) year
terms (each a “Renewal Term”, collectively with the Initial Term, the “Term”), unless Licensee provides written
notice to Licensor of its intent not to renew not less than one hundred eighty (180) days prior to the expiration of the
then-current Term, provided, however, that if on such date there is not at least two (2) Wireless Carriers then paying
recurring fees and operating on all or at least fifty-one percent (51%) of the System, then the right not to renew shall
be mutual among Licensee and Licensor. The term of any License of a Structure shall, unless previously terminated
pursuant to the provisions of this Agreement, continue in effect until the end of the Term.
4. Consideration.
7 - 1 - 8
5/1/2012
Wireless Communications and License Agreement
Page 6 of 11
a. In consideration for Licensor’s entering into this Agreement and granting the Licenses to Licensee
throughout the Term, Licensee shall provide the following at no cost to Licensor:
i. the installation, operation and maintenance of the indoor DAS part of the DAS at the Vail
Transportation Center, described in more detail in Schedule 1, to be installed as soon as
practical and operational before October 1, 2012 subject to Licensee’s obtaining all
Government Permits pursuant to the last sentence of Section 2.c.
ii. the construction of the remaining portion of the DAS, including the enhancement of
existing cellular and data services available for licensed carriers operating in this market,
through the installation of the DAS described in more detail in Schedules 1 and 1.1,
including cellular base nodes (or macro sites), with the prior approval of locations and
specifications by Licensor.
iii. a Wi-Fi Network described in Schedule 1.1.
iv. In consideration for Licensor’s entering into this Agreement, Licensee shall make an
initial payment to Licensor of Five Thousand Dollars ($5,000), due and payable within
thirty (30) days following the Effective Date.
b. Licensee agrees to reimburse Licensor for any documented increase in real estate or personal
property taxes, or any other taxes or fees levied against the Property that are directly attributable to
the improvements constructed by Licensee. Licensor agrees to provide Licensee any
documentation evidencing the increase and how such increase is attributable to Licensee’s use.
Licensee reserves the right to challenge any such assessment, and Licensor agrees to cooperate
with Licensee in connection with any such challenge; provided however, that any costs incurred
by Licensor in providing such cooperation shall be reimbursed by Licensee.
5. Construction and Operation of the System. Licensee shall commence the construction of the Indoor
DAS system at the Vail Transportation Center described in Section 4.a.i upon the execution of this Agreement.
However, Licensee will not commence construction of the Wi-Fi Network or additional Nodes for the System on the
Property until it receives a binding contractual commitment from at least one (1) Wireless Carrier to use the System.
Licensee, at its own cost and expense, shall construct the System at the Property as set forth in Schedule 1
accordance with the following:
a. Standard of Care. Licensee shall construct and maintain all Attachments in a safe condition in
accordance with the System Specifications, applicable Laws and Licensor's general construction
and maintenance standards, as either may be amended, revised and supplemented from time to
time. In the event of conflict or ambiguity among Laws, Licensor in its sole but reasonable
discretion shall determine which Laws shall govern. No work shall be done by Licensee when
there is reason to suspect that working conditions on a Structure may be hazardous as the result of
weather or any other conditions.
b. Contact. Licensee shall respond on a 24/7 basis to any problems or emergencies reported by the
Structure Manager via contact to Licensee’s network operations center at (800) 788-0011 or via
any other toll-free or local telephone number designated by Licensee upon written notice to
Licensor.
c. Relocation. Licensee shall not change the location of its Attachments without the written consent
of Licensor, except in cases of emergency. In cases of emergency, Licensee shall first procure
Licensor's consent orally by contacting the Structure Manager and such request and consent may
be confirmed in writing by Licensee and approved in writing by Licensor once the emergency has
been resolved. Within 30 days following the termination or resolution of the emergency, Licensee
at its sole expense shall return its Attachments to the authorized location at the Structure.
d. Licensor Liability. Licensor reserves to itself, its successors and assigns, the right to maintain the
Structures as necessary to fulfill its Primary Purpose. Licensor shall not be liable to Licensee for
7 - 1 - 9
5/1/2012
Wireless Communications and License Agreement
Page 7 of 11
any interruption of service for the System, or for any property of Licensor used by Licensee.
Licensee specifically waives any claim for indirect, special, consequential or punitive damages
against Licensor in connection with this Agreement, including any claims for loss or interruption
of service.
e. Licensee Liability. Licensee shall exercise reasonable caution in performing the activities
covered by this Agreement to avoid damage to the Structures. Licensee hereby agrees to
reimburse Licensor for any direct or indirect costs incurred in making repairs to any of such
property damaged by Licensee, its contractors or any other entity acting on Licensee’s behalf.
Licensee shall promptly advise Licensor of all incidents and claims relating to damage to property
or injury to or death of persons, arising or alleged to have arisen in any manner by Licensee’s
activities upon the Property.
f. Utilities. Licensor makes no representations or warranties with respect to availability of utilities
to serve each Attachment. Licensor shall allow Licensee to access its electrical power, provided
that Licensee pays the cost of utility service provided to the Property and attributable to Licensee’s
use. Such costs shall be billed monthly by Licensor to Licensee, with reasonable supporting
documentation of such utility consumption, and shall be paid be Licensee upon receipt of such
invoice. Licensee agrees to pay for utilities based on (i) sub-metering equipment at the Hub Site,
to be installed by Licensee at its cost; and (ii) estimated usage for each Node, based on equipment
specifications and spot measurements.
g. Hazardous Materials. Licensee shall not (either with or without negligence) cause or permit the
escape, disposal or release of any Hazardous Materials on or from the Property in any manner
prohibited by Law. Licensee shall indemnify and hold Licensor harmless from all Claims from
the release of any Hazardous Materials on the Property if caused by Licensee.
h. Fiber etwork Operations . Licensee shall maintain and operate the Fiber Network in
accordance with the Fiber Network Standards.
6. Removal of Attachments. Without limiting or terminating the Term of the Agreement, specific Licenses
may be terminated without fault to either party upon the following conditions:
a. Termination by Licensee. Licensee may terminate its License as to any Structure by removing
its Attachments therefrom and restoring the Structure to its prior condition if, in its reasonable
business judgment: (i) such removal will not materially degrade the RF coverage on the Property;
or (ii) the Attachment being removed is to be relocated pursuant to a new License. At least
thirty (30) days prior to removal, Licensee shall give Licensor notice of such removal substantially
in the form attached hereto as Exhibit B hereto.
b. Relocation by Licensor. Licensor may require Licensee to remove any Attachment if Licensor,
in support of its Primary Purpose, intends to remove, substantially alter or demolish the Structure
supporting such Attachment so that it is unable to support the Attachment or the Attachment will
interfere with Licensor’s use of the Structure. In order to require such removal, Licensor must
(i) provide at least one hundred eighty (180) days’ written notice prior to the date of the proposed
removal of any Attachment, but at least three hundred sixty-five (365) days’ written notice prior to
the date of the proposed removal of the Hub Site, (ii) propose a reasonable alternative location for
such Attachment (the “Alternate Location”); and (iii) must grant Licensee at least
one hundred eighty (180) days following receipt of all necessary Government Permits (but at least
three hundred sixty-five (365) days for relocation of the Hub Site) to complete the relocation. In
the event Licensee accepts the Alternate Location, Licensor and Licensee shall execute a License
before construction commences. Licensee shall be responsible for its cost of relocating the
Attachment. Notwithstanding anything in this Agreement to the contrary, Licensor may order
removal of any Attachment in a shorter period of time if Licensor determines that removal is in the
best interest of the public health, safety or welfare.
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Wireless Communications and License Agreement
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c. Conflict with Laws. Upon written notice from Licensor to Licensee that the use of any Structure
is forbidden by Law, the License to Attach to such Structure shall immediately terminate and the
Attachments of Licensee shall be removed by Licensee from the affected Structures, provided,
however, that Licensee, with Licensor’s reasonable assistance, may contest such adverse decision
in good faith, and during the pendency of such challenge may maintain such Attachment to the
extent allowed by Government Authorities. Licensor will cooperate with Licensee to identify a
suitable Alternative Location, in which case the Attachment shall be relocated in accordance with
the process set forth in Section 6.b above.
7. Indemnification. To the extent permitted by applicable law, Licensee and Licensor shall indemnify and
hold harmless each other and their respective Agents from and against all Claims, whether direct or indirect, as a
result of, arising out of or in any way connected with activities under this Agreement, whenever made or incurred.
Either Party shall have the right to demand that the other Party undertake to defend any and all suits and to
investigate and defend any and all Claims. Notwithstanding the foregoing, neither Party shall have an obligation to
indemnify or defend against any Claim to the extent caused by the negligence or willful misconduct of the other
Party or its Agents. Licensor’s indemnification obligations, to the extent permitted by applicable law, are subject to
Section 13.g.
8. Insurance; Casualty. Licensee shall carry insurance at its sole cost and expense to protect the Parties
from risk arising out of placement of the Attachments on the Structures. Licensee shall provide the specified
insurance throughout the Term, shall file with Licensor's designated risk manager certificates of insurance
evidencing such coverage. Certificates and policies shall provide that coverage may not be canceled without
thirty (30) days’ prior written notice to Licensor.
a. Coverage Amounts. Throughout the Term Licensee shall maintain the following insurance
coverage from a carrier licensed to conduct business in the state where the Property is located:
i. Worker's compensation meeting statutory requirements.
ii. Commercial general liability insurance including personal injury, contractual liability,
independent contractors and broad form property damage with the following minimum
liability limits: (i) $1,000,000 per occurrence combined single limit; (ii) $2,000,000
general aggregate; and (iii) $3,000,000 umbrella liability, with an endorsement stating
Licensor is an additional insured with respect to operations relating to this Agreement.
iii. Commercial automobile liability insurance with a minimum liability limit of $1,000,000
per occurrence combined single limit.
b. Subcontractor Insurance. Licensee agrees that it will require all of its contractors and
subcontractors accessing the Property to provide insurance meeting the requirements of this
Section 8.
c. Casualty and Restoration. In the event that one or more of the Structures containing an
Attachment is damaged or destroyed such that it cannot be used for an Attachment, then within
five (5) days of such damage or destruction Licensor shall notify Licensee of its intent whether to
repair the Structure, and if so then the proposed schedule for such repair. Licensee will have the
option to (i) declare this Agreement null and void with respect to the affected Attachments, (ii) to
the extent that the damage will prevent continued operation of the Hub Site or the System in
Licensee’s reasonable discretion, terminate this Agreement, or (iii) wait for Licensor to repair the
Structure.
9. Eminent Domain. If Licensor receives notice of a proposed taking by eminent domain (or any agreement
in lieu of condemnation) of any part of the Property impacting any Attachment, Licensor will notify Licensee of the
proposed taking within five (5) days of receiving such notice. Licensee will have the option to: (i) declare this
Agreement null and void with respect to the affected Attachments and thereafter neither Party will have any liability
or obligation hereunder for each such Attachment; or (ii) respect to a taking which will prevent continued operation
of the Hub Site or the System in Licensee’s reasonable discretion, to terminate this Agreement. With either option,
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Page 9 of 11
Licensee shall have the right to contest the taking in good faith and to directly pursue an award from the
condemning authority.
10. Default. In the event of default by either Party (the “Defaulting Party”) with respect to any of the
provisions or obligations of this Agreement, the other Party (the “Non-Defaulting Party”) shall give the Defaulting
Party written notice of such default. After receipt of such written notice, the Defaulting Party shall have fifteen (15)
days in which to cure any monetary default and thirty (30) days in which to cure any non-monetary default. The
Defaulting Party shall have such extended periods as may be required beyond the thirty (30) day cure period to cure
any non-monetary default if the nature of the cure is such that it reasonably requires more than thirty (30) days to
cure, and Defaulting Party commences the cure within the thirty (30) day period and thereafter continuously and
diligently pursues the cure to completion (the “Cure Period”). The Non-Defaulting Party may not maintain any
action or effect any remedies for default against the Defaulting Party unless and until the Defaulting Party has failed
to cure the same within the time periods provided in this Section.
a. Consequences of Licensee’s Default. In the event that Licensee remains in default beyond the
Cure Period, Licensor may, at its option, upon written notice: (i) terminate the Agreement with
respect to the Attachment(s) related to the default and be relieved from all further obligations
under this Agreement with respect to such Attachment; (ii) perform the obligations of Licensee
specified in such notice, in which case any expenditures reasonably made by Licensor in so doing
shall be deemed paid for the account of Licensee and Licensee agrees to reimburse Licensor for
said expenditures upon demand; or (iii) terminate the License with respect to the Attachment
giving rise to the Default, in which event Licensee shall remove the Attachment in accordance
with subsection c below, and the Parties shall amend the Agreement accordingly.
b. Consequences of Licensor’s Default. In the event that Licensor remains in default beyond the
Cure Period, Licensee may, at its option, upon written notice: (i) terminate the Agreement with
respect to the Attachment(s) related to the default, be relieved from all further obligations under
this Agreement with respect to such Attachment; or (ii) sue for damages to recover any amount
reasonably expended by Licensee as a result of such default excluding any claims of lost fees or
profits as well as exemplary and punitive damages.
c. Removal of Attachments. Upon expiration or earlier termination of this Agreement, Licensee
shall, within sixty (60) days following termination or expiration of the Term, remove at its sole
cost and expense, any or all of the Attachments, specifically excluding Licensee’s Fiber, or restore
all or any part of the Radio Space to the same condition as originally received by Licensee
(ordinary wear and tear excepted).
11. Assignment. This Agreement shall extend to and bind the successors, transferees and permitted assigns of
the Parties. Any attempted assignment or transfer by Licensee in violation of this Section shall be void.
a. Assignment by Licensee. Licensee shall not assign this Agreement without the prior written
consent of Licensor, provided that Licensee has the right to sublicense the Hub Site space and use
of the System to any Wireless Carrier.
b. Assignment by Licensor. Licensor may assign or transfer its interest in this Agreement, provided
that the assignee shall be bound by all provisions herein.
c. Sale of Property. If Licensor sells all or part of the Property, then such sale shall be subject to
this Agreement.
12. otice . Except as otherwise specified, any notice to be given to Licensor under this Agreement shall be
sent by registered mail, return receipt requested, or by overnight courier with a tracking record of delivery to
respective addresses set forth below. Except as otherwise stated herein, any notice shall be effective immediately
upon being deposited with the applicable delivery agent.
Licensor: Licensee:
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Page 10 of 11
Town of Vail NewPath Networks, LLC.
75 South Frontage Road 2000 Corporate Drive
Vail, CO 81657 Canonsburg, PA 15317
(970) 479-2154 (724) 416-2000
Attn: Director of Information Technology Attn: Legal Department
With a copy that shall not constitute notice to:
Vail Town Attorney Contract Administrator
75 S. Frontage Road NewPath Networks, LLC
Vail, CO 81657 1100 Dexter Avenue North
Suite 250
Seattle, WA 98109
13. Miscellaneous.
a. Governing Law; Venue. This Agreement shall be governed by and interpreted according to the
laws of the State of Colorado, without reference to its choice of law or conflict of law rules.
Venue for any proceeding brought in connection with this Agreement shall be in Eagle County,
Colorado.
b. o waiver . Except as expressly set forth in this Agreement: (i) neither Party shall be deemed to
have waived any of its rights hereunder unless such waiver is in writing; (ii) no delay or omission
by any Party in exercising any right shall operate as a waiver of such right or of any other right;
and (iii) a waiver on any one occasion shall not be construed as a bar to, or waiver of, any right or
remedy on any future occasion.
c. Interpretation. The singular includes the plural and the plural includes the singular. Except as
otherwise provided herein, references to a Section, Schedule or Exhibit mean a Section, Schedule
or Exhibit contained in or attached to this Agreement, all of which are incorporated herein by
reference. The caption headings in this Agreement are for convenience and reference only and do
not define, modify or describe the scope or intent of any of the terms of this Agreement. This
Agreement will be interpreted and enforced in accordance with its provisions and without the aid
of any custom or rule of law requiring or suggesting construction against the Party drafting or
causing the drafting of the provisions in question. If any one or more of the provisions of this
Agreement, or the applicability of any such provision to a specific situation, shall be held invalid
or unenforceable by Law, such provision shall be modified to the minimum extent necessary to
make it or its application valid and enforceable, and the validity and enforceability of all other
provisions of this Agreement and all other applications of any such provision shall not be affected
thereby. If any date herein set forth for the performance of any obligations by either party or for
the delivery of any instrument or notice as herein provided should be on a Saturday, Sunday or
legal holiday in Pennsylvania, the compliance with such obligations or delivery shall be deemed
acceptable on the next business day. These terms shall have the indicated meaning when used in
this Agreement: (i) including shall mean including, without limitation, (ii) or shall mean and/or
(unless indicated otherwise), and (iii) discretion means within the applicable party’s sole
discretion. Further, any reference to statute, act or code shall mean the statute, act or code as
amended.
d. Entire Agreement. This Agreement constitutes the entire and final expression of the Parties
hereto with respect to the subject matter hereof, and supersede all previous agreements and
understandings of the Parties, either oral or written. This Agreement can be amended only by
written agreement signed by the Parties.
e. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be
fully executed as an original and all of which together shall constitute one and the same
instrument.
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Page 11 of 11
f. Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial
obligations of the Town not performed during the current fiscal year are subject to annual
appropriation, and thus any obligations of the Town hereunder shall extend only to monies
currently appropriated and shall not constitute a mandatory charge, requirement, debt or liability
beyond the current fiscal year.
g. Governmental Immunity. Licensor and its officers and employees are relying on, and do not
waive or intend to waive by any provision of this Agreement, the monetary limitations (presently
one hundred fifty thousand dollars ($150,000) per person and six hundred thousand dollars
($600,000) per occurrence) or any other rights, immunities, and protections provided by the
Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise
available to Licensor and its officers or employees.
h. Rights and Remedies. The rights and remedies of Licensor and Licensee under this Agreement
are in addition to any other rights and remedies provided by law. The expiration of this
Agreement shall in no way limit Licensor's legal or equitable remedies, or the period in which
such remedies may be asserted, for work negligently or defectively performed.
i. Municipal Corporation. Licensor is a municipal corporation under the laws of the State of
Colorado. Licensor and Licensee acknowledge that this Agreement is subject to public disclosure
as specified by the Colorado Open Records Act, CRS § 24-72-200 et seq.
j. Warranty. Licensor hereby expressly disclaims all warranties of merchantability and fitness for a
particular purpose associated with the Property. Licensee accepts the Property “As Is” unless
otherwise set forth herein.
k. Waiver. The receipt of any sum paid by Licensee to Licensor after a breach of this Agreement
shall not be deemed a waiver of such breach unless expressly set forth in writing by Licensor.
l. Survival. Terms and conditions of this Agreement which by their sense and context survive the
termination, cancellation or expiration of this Agreement will so survive.
IN WITNESS WHEREOF, Licensor and Licensee have caused this Agreement to be executed by their duly
authorized representatives as of the Effective Date.
LICESOR: LICESEE:
Town of Vail NewPath Networks, LLC
By: __________________________________________ By: _______________________________________
Name: ________________________________________ Name: _____________________________________
Title: _________________________________________ Title: ______________________________________
Date: _________________________________________ Date: ______________________________________
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Schedule 1 System Description Page 1 of 1
Schedule 1
System Description
The Hub Site and Node locations are generally identified on the attached preliminary network drawings. During the
design and installation process, Nodes and antennae locations will be specifically identified and approved (and may
be changed) by mutual agreement of Licensor and Licensee. A form for such approval (contemplated being
executed for each such location), is attached hereto as Schedule 1.1, which may be changed from time to time by
mutual agreement of the parties.
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Hub Lease Area
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Vail Transportation Center Indoor DAS Design
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Schedule 1.1
Hub Site/ode Location Form
Hub Site or Node location description set forth below or on attached map or construction drawing.
LICENSOR
Town of Vail
By: _________________________
Print Name: _________________________
Title: _________________________
Date: _________________________
LICENSEE
NewPath Networks, LLC
By: _________________________
Print Name: _________________________
Title: _________________________
Date: _________________________
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Schedule 1.1 Hub Site/Node Location Form Page 2 of 14
Outdoor DAS Node Locations
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Schedule 1.1 Hub Site/Node Location Form Page 3 of 14
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Schedule 1.1 Hub Site/Node Location Form Page 4 of 14
Sites and Sectors for Outdoor DAS Nodes
ame Longitude Latitude
Fire #3 Fiber POP -106.4225 39.628
N2 -106.399117 39.640746
NEW3_A -106.368 39.63871
NEW5_B -106.414 39.631791
nNEW6 -106.405995 39.636834
VAIL MUNI -106.380056 39.644194
VAIL165Frst-EXPOL -106.380361 39.6405
VAILCasSpa-EXPOL -106.402167 39.638194
VAILCommns-EXPOL -106.415833 39.632194
VAILDonPav-EXPOL -106.409 39.634556
VAILFireN2-GWROF -106.379 39.642222
VAILFordSo-EXPOL -106.366 39.638361
VAILFrdPrk-EXPOL -106.366444 39.639944
VAILGorBus-EXPOL -106.410278 39.633444
VAILHou142-EXPOL -106.380556 39.642694
VAILIceRnk-EXPOL -106.383806 39.644
VAILLHBus-EXPOL -106.387083 39.643694
VAILLHSqu-EXPOL -106.389944 39.642667
VAILLHVAWhse-EXPOL -106.393389 39.642806
VAILMarriN-EXPOL -106.391583 39.643278
VAILMarStr-EXPOL -106.419167 39.628222
VAILMedCtr-EXPOL -106.383167 39.643083
VAILMidRnd-EXPOL -106.376778 39.643278
VAILPedXvr-EXPOL -106.390222 39.644639
VAILPopWgn-EXPOL -106.374 39.640083
VAILTivS-EXPOL -106.370861 39.63975
VAILTransE-GWROF -106.371694 39.641917
VAILTransW-EXPOL -106.374389 39.642444
VAILVrdTen-EXROF -106.364028 39.640833
VAILWestMa-EXPOL -106.417139 39.630833
VAILWilowPk-EXPOL -106.376583 39.640778
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Public Works Facility Monopine Design & Lease Area
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Fiber Layout
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Schedule 1.1 Hub Site/Node Location Form Page 10 of 14
Wi-Fi Network
Hostname ode Type Part
umber
Serial
umber Latitude Longitude Altitude MAC
VAIL165Frst-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20935209 39.640545 -106.380386 2508.060303 00:0a:db:03:66:3f
VailAntlers-CPE SkyConnect
or Outdoor
710-
00010-03 F50161041 0 0 0 00:0a:db:02:11:b0
VAILAraPrk-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908957 39.643986 -106.38887 2467.435303 00:0a:db:03:45:5f
VAILAspLne-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20881896 39.646687 -106.326447 2517.784912 00:0a:db:01:f2:3f
VAILBlkGrDr-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20933512 39.624428 -106.283089 2615.303223 00:0a:db:03:84:1f
VAILBooFls-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20935196 39.647591 -106.321907 2534.149414 00:0a:db:03:68:3f
VAILBooFls-
GWTR SkyGateway 710-
00011-02 F20919211 39.64769 -106.321487 2534.939941 00:0a:db:03:19:15
VAILBooPrk-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20839139 39.647873 -106.324867 2523.485107 00:0a:db:01:92:1f
VAILCasSpa-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20891117 39.638218 -106.402176 2451.673584 00:0a:db:01:fd:9f
VAILChkChar-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908897 39.640606 -106.375458 2480.034424 00:0a:db:03:49:7f
VAILChxBus-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908969 39.624962 -106.424568 2402.950928 00:0a:db:03:44:5f
VAILColDr-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20891108 39.637222 -106.29805 2570.971436 00:0a:db:01:fc:7f
VAILCommns-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20764255 39.632187 -106.415817 2434.696777 00:0a:db:01:44:7f
VAILDayCar-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20891113 39.645519 -106.37854 2502.113037 00:0a:db:01:fd:1f
VAILDonPav-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20839131 39.63456 -106.409004 2430.747803 00:0a:db:01:8f:ff
VAILDouDia-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20909035 39.643536 -106.387924 2469.311035 00:0a:db:03:31:9f
VAILDwdJct-
GWTR SkyGateway 710-
00011-02 F20919170 39.616257 -106.449623 2727.088867 00:0a:db:03:19:0c
VAILEasBus-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20873719 39.638905 -106.300835 2556.262451 00:0a:db:01:cb:5f
VAILEastLdg-
GWROF SkyGateway 710-
00011-02 F20915118 -89.999992 89.999992 0 00:0a:db:03:18:2f
VAILEgeNstW-
GWTR SkyGateway 710-
00011-02 F20919176 39.620514 -106.392952 3134.248535 00:0a:db:03:18:fc
VAILElfPrk-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908975 39.62785 -106.425392 2444.02832 00:0a:db:03:42:9f
VAILFalBus-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20809774 39.645042 -106.307068 2547.146729 00:0a:db:01:69:bf
VAILFireN1-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20859642 39.63773 -106.301155 2561.112305 00:0a:db:01:d7:7f
VAILFireN2-
GWROF SkyGateway 710-
00011-02 F20915135 39.642208 -106.37896 2488.088623 00:0a:db:03:18:33
VAILFordSo-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20873794 39.638367 -106.366013 2492.923096 00:0a:db:01:a0:ff
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Schedule 1.1 Hub Site/Node Location Form Page 11 of 14
Hostname ode Type Part
umber
Serial
umber Latitude Longitude Altitude MAC
VAILFrdPrk-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908988 39.639935 -106.366386 2494.196289 00:0a:db:03:41:df
VAILGolf13-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908996 39.645691 -106.332069 2514.617188 00:0a:db:03:40:5f
VAILGolfCl-
EXROF
SkyExtender
DualBand
710-
00012-02 F20873736 39.64172 -106.344772 2506.025635 00:0a:db:01:c8:5f
VAILGorBus-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908980 39.633453 -106.410255 2420.54126 00:0a:db:03:40:df
VAILGorsuc-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20891126 39.640823 -106.373116 2484.612061 00:0a:db:01:fe:bf
VAILGymnas-
GWROF SkyGateway 710-
00011-02 F20919169 39.646431 -106.388519 2506.913086 00:0a:db:03:19:0d
VAILGymnas2-
GWROF SkyGateway 710-
00011-02 F20915115 39.64653 -106.388481 2512.072754 00:0a:db:03:18:1e
VAILHanRan-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20916341 39.640106 -106.372879 2488.291016 00:0a:db:03:4b:df
VAILHou142-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908966 39.642715 -106.380516 2475.302246 00:0a:db:03:43:ff
VAILIceRnk-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20832549 39.644001 -106.383789 2483.291748 00:0a:db:01:b3:df
VAILIntBri-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20890359 39.641026 -106.375648 2477.281982 00:0a:db:01:f7:bf
VAILKinBus-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20891133 39.618958 -106.428368 2382.718994 00:0a:db:01:fb:5f
VAILLftHse-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20891112 39.644249 -106.388298 2474.272949 00:0a:db:01:fc:ff
VAILLHBus-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20909027 39.643681 -106.387062 2475.569824 00:0a:db:03:30:9f
VAILLHI70-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908874 39.644806 -106.389137 2480.512451 00:0a:db:03:5d:df
VAILLHMoes-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20891128 39.643898 -106.389816 2499.722168 00:0a:db:01:fe:ff
VAILLHPkC-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908962 39.64431 -106.38604 2482.513184 00:0a:db:03:43:7f
VAILLHPkE-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20935227 39.64439 -106.385094 2486.199707 00:0a:db:03:9c:bf
VAILLHPkW-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908876 39.64439 -106.386887 2483.990234 00:0a:db:03:5e:1f
VAILLHPlaz-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908951 39.643696 -106.390572 2470.389404 00:0a:db:03:44:9f
VAILLHSqu-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908987 39.642658 -106.389923 2468.953613 00:0a:db:03:41:bf
VAILLHVAWh
se-EXPOL
SkyExtender
DualBand
710-
00012-02 F20908968 39.642818 -106.393349 2470.900879 00:0a:db:03:44:3f
VAILLibr-
GWROF SkyGateway 710-
00011-02 F20915117 39.643429 -106.383904 2471.096924 00:0a:db:03:18:30
VailLionsHeadA
nnex-CPE
SkyConnect
or Outdoor
710-
00010-03 F50161057 0 0 0 00:0a:db:02:11:a0
VailLionsHeadI
nn-CPE
SkyConnect
or Outdoor
710-
00010-03 F50161256 0 0 0 00:0a:db:02:10:a6
VAILMarriN-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20891122 39.643188 -106.391518 2483.217773 00:0a:db:01:fe:3f
7 - 1 - 33
5/1/2012
Wireless Communications and License Agreement
Schedule 1.1 Hub Site/Node Location Form Page 12 of 14
Hostname ode Type Part
umber
Serial
umber Latitude Longitude Altitude MAC
VAILMarriW-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20909033 39.642834 -106.39241 2467.881836 00:0a:db:03:31:5f
VAILMarStr-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908972 39.628235 -106.419159 2402.526367 00:0a:db:03:42:3f
VAILMeaCrk-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908998 39.620056 -106.428001 2386.569824 00:0a:db:03:40:9f
VAILMedCtr-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20930975 39.643082 -106.383202 2475.892578 00:0a:db:03:7f:ff
VAILMidCrk-
EXROF
SkyExtender
DualBand
710-
00012-02 F20924651 39.645966 -106.380539 2524.767578 00:0a:db:03:68:ff
VAILMidRnd-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20891118 39.643307 -106.376778 2493.232422 00:0a:db:01:fd:bf
VAILMunCtr-
GWTR SkyGateway 710-
00011-02 F20915129 39.644127 -106.380066 2493.196289 00:0a:db:03:18:38
VAILPedXvr-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20891103 39.64463 -106.39019 2487.701904 00:0a:db:01:fb:df
VAILPopWgn-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20909009 39.640079 -106.374008 2482.077637 00:0a:db:03:33:5f
VAILPtatoPDr-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20832525 39.648537 -106.392036 2574.099365 00:0a:db:01:af:9f
VAILPubWkE-
GWROF SkyGateway 710-
00011-02 F20915108 39.642845 -106.354698 2508.735352 00:0a:db:03:18:26
VAILRacClu-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20858947 39.630207 -106.28669 2598.754883 00:0a:db:01:98:5f
VAILRedSanRd
-EXPOL
SkyExtender
DualBand
710-
00012-02 F20908983 39.647388 -106.396172 2501.432129 00:0a:db:03:41:3f
VAILSanBus-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20890318 39.64563 -106.390503 2494.872803 yyyy
VAILSanDrBus-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20935331 39.644733 -106.397934 2491.250488 00:0a:db:03:8b:1f
VAILSimRBus-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20873779 39.643036 -106.399292 2478.290039 00:0a:db:01:cd:7f
VAILSkiClu-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20909003 39.638454 -106.367355 2492.670654 00:0a:db:03:35:1f
VAILSonAlp-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20891119 39.642021 -106.377144 2482.66626 00:0a:db:01:fd:df
VAILStream-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908953 39.633232 -106.291451 2579.788086 00:0a:db:03:44:df
VAILSunBus-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20890321 39.641247 -106.349411 2502.162598 00:0a:db:01:f5:5f
VAILTimBus-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20876235 39.632984 -106.293503 2577.217773 00:0a:db:01:bd:5f
VAILTimRid-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908981 39.63924 -106.403969 2458.951172 00:0a:db:03:40:ff
VAILTivLod-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20891129 39.64035 -106.370811 2488.428711 00:0a:db:01:ff:1f
VAILTivS-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20935277 39.63974 -106.370834 2490.051758 00:0a:db:03:9e:df
VAILTransCtr-
GWROF SkyGateway 710-
00011-02 F20807531 39.642246 -106.373215 2497.926025 00:0a:db:03:01:1a
VAILTransE-
GWROF SkyGateway 710-
00011-02 F20807533 39.64193 -106.371674 2496.168457 00:0a:db:03:01:18
7 - 1 - 34
5/1/2012
Wireless Communications and License Agreement
Schedule 1.1 Hub Site/Node Location Form Page 13 of 14
Hostname ode Type Part
umber
Serial
umber Latitude Longitude Altitude MAC
VAILTransW-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20858959 39.642445 -106.374367 2493.456787 00:0a:db:01:98:df
VAILVaiRun-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908869 39.642883 -106.396988 2472.231201 00:0a:db:03:5d:3f
VAILVillCtr-
EXROF
SkyExtender
DualBand
710-
00012-02 F20858956 39.64185 -106.375458 2487.357422 00:0a:db:01:97:bf
VAILVRC-
GWROF SkyGateway 710-
00011-02 F20919216 39.630875 -106.290375 2592.561035 00:0a:db:03:19:10
VAILVRCBrL-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908965 39.631248 -106.28846 2590.740479 00:0a:db:03:43:df
VAILVRCMid-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20891121 39.632084 -106.290794 2590.630615 00:0a:db:01:fe:1f
VAILVRCWest-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20891104 39.631954 -106.291779 2592.123779 00:0a:db:01:fb:ff
VAILVrdTen-
EXROF
SkyExtender
DualBand
710-
00012-02 F20908994 39.640831 -106.364014 2506.95166 00:0a:db:03:40:1f
VAILWesBus-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908964 39.630486 -106.41964 2419.594482 00:0a:db:03:43:bf
VAILWestMa-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20873807 39.630833 -106.417114 2419.083496 00:0a:db:01:a2:9f
7 - 1 - 35
5/1/2012
Wireless Communications and License Agreement
Schedule 1.1 Hub Site/Node Location Form Page 14 of 14
7 - 1 - 36
5/1/2012
Wireless Communications and License Agreement
Schedule 2 Property Page 1 of 1
Schedule 2
Property
For all purposes of this Agreement, the following terms shall be defined as follows:
Property: Land and property owned or controlled by the Town of Vail, Vail, CO
Primary Purpose: Governmental Purposes
7 - 1 - 37
5/1/2012
Wireless Communications and License Agreement
Schedule 3 Existing Agreements Page 1 of 1
Schedule 3
Existing Agreements
NONE
7 - 1 - 38
5/1/2012
Wireless Communications and License Agreement
Schedule 3 Existing Agreements Page 1 of 1
Schedule 4
Licensee’s Fiber Made Available to Licensor
[TO BE COMPLETED AD MUTUALLY ACCEPTABLE AS FIBER L OCATIOS ARE IDETIFIED
AD AGREED TO]
7 - 1 - 39
5/1/2012
Wireless Communications and License Agreement
Exhibit A Application and Additional License Page 1 of 1
Exhibit A
Application and Additional License
[To Licensor at Notice Address]
RE: Wireless Communications and License Agreement (Agreement) dated _____ by and between the Town of
Vail, Colorado (Licensor) and NewPath Networks, LLC. (Licensee)
This letter shall confirm the agreement of Licensor and Licensee that the following Attachments are included in the
Agreement:
Crown ode # ode location Equipment included in Attachment
and additional Fiber etwork used
Attachment Date
The Additional Licenses for the above referenced Attachments are hereby granted as of the attachment date set forth
above.
LICESOR: LICESEE:
Town of Vail NewPath Networks, LLC
By: __________________________________________ By: _______________________________________
Name: ________________________________________ Name: _____________________________________
Title: _________________________________________ Title: ______________________________________
Date: _________________________________________ Date: ______________________________________
7 - 1 - 40
5/1/2012
Wireless Communications and License Agreement
Exhibit B Notification of Removal by Licensee Page 1 of 1
Exhibit B
otification of Removal by Licensee
[To Licensor at Notice Address]
RE: Wireless Communications and License Agreement (Agreement) dated _____ by and between Town of Vail
(Licensor) and NewPath Networks, LLC (Licensee)
This letter shall confirm the agreement of Licensor and Licensee that the following Attachments were removed:
Crown ode # ode location Removal Date
The Licenses for the above referenced Attachments are hereby terminated as of the removal date set forth above.
LICESOR: LICESEE:
Town of Vail NewPath Networks, LLC
By: __________________________________________ By: _______________________________________
Name: ________________________________________ Name: _____________________________________
Title: _________________________________________ Title: ______________________________________
Date: _________________________________________ Date: ______________________________________
7 - 1 - 41
5/1/2012
Wireless Communications and License Agreement
Exhibit C System Specifications Page 1 of 8
Exhibit C
System Specifications
I. GENERAL
A. PURPOSE. The purposes of these site standards are to govern the use of the Structures for the
benefit of Licensee and Licensor to provide guidance on the quality of equipment installation
required by the Agreement.
B. TERMS. The Terms with initial capital letters herein shall have the meanings ascribed to them in
the Agreement.
C. STATE AND NATIONAL STANDARDS. All installations at the time of installation of each
Structure, and thereafter at the time of each modification to each Structure, must conform to the
latest version of all state and national regulations and the following state and national codes or any
supplements, amendments or provisions that supersede them, including without limitation:
1. American National Standards Institute, Telecommunications Industry Association,
Electronic Industries Association Standards.
2. Federal Communications Commission (“FCC”) Rules and Regulations, including 47
C.F.R. §§ 17.1--.58; 47 C.F.R. § 1.1307 et seq; and FCC OET Bulletin 65.
3. Building Officials and Code Administrators International, Inc. (“BOCA”) Codes,
including the most current version of the following:
• BOCA National Building Code
• BOCA National Fire Prevention Code
• BOCA International Mechanical Code
4. National Fire Protection Association Codes, including the following:
• Code 70 (National Electrical Code)
• Code 90A (Installation of Air Conditioning and Ventilating Systems)
• Code 90B (Installation of Warm Air Heating and Air Conditioning Systems)
• Code 101 (Life Safety)
• Code 110 (Emergency and Standby Power Systems)
• Code 780 (Lightning Protection)
5. Currently adopted State and Local Building and Fire Safety Codes, and to the extent any
Local codes conflict with any codes in this Exhibit C, the Local codes shall control.
6. Occupational Safety and Health Administration, Department of Labor Rules and
Regulations regarding Safety and Health Standards, including 29 C.F.R. § 1910.268
(Special Industries - Telecommunications).
D. GENERAL/APPROVAL
1. Prior to installations of any of Attachments, Licensor will furnish to Licensee all
documents and approvals required pursuant to the Agreement. Licensee shall furnish to
Licensor a complete list of all materials required for the installation, photo simulations,
architectural and engineering plans, structural calculations, shop drawings, and
7 - 1 - 42
5/1/2012
Wireless Communications and License Agreement
Exhibit C System Specifications Page 2 of 8
equipment specifications. No work shall proceed until Licensor has approved the
planned installation.
2. The Attachments may not be operated until the installation is approved by Licensor in
writing.
3. The following will not be permitted at the Hub Site or any Licensed Structure without the
prior written consent of Licensor:
a. Any equipment without FCC type acceptance or other FCC equipment
authorization under Part 2 of the FCC’s Rules and Regulations, or equipment
that does not conform to FCC rules and regulations.
b. Add-on power amplifiers.
c. Open rack mounted receivers and transmitters.
d. Equipment with crystal oscillator modules that have not been temperature
compensated.
e. Non-continuous duty rated transmitters used in continuous duty applications.
f. Transmitter outputs without a harmonic filter and antenna matching circuitry.
4. Unless otherwise stated within the Agreement, no work shall be performed at the Hub
Site or any Licensed Structure (including, but not limited to, the modification of
transmission lines) except routine or emergency maintenance, without the prior written
consent of Licensor. At Licensor’s option, scheduling of such work will be coordinated
with Licensor to allow Licensor to have a representative present during the performance
of the work. All installation, repair and maintenance work conducted by Licensee will be
in accordance with good engineering practices and the terms and conditions of this
specification.
5. No animals (except service animals as recognized by law) or persons under the age of
majority as determined under the laws of the state where the Hub Site is located are
permitted at the Hub Site at any time.
6. Except as permitted in the Agreement or as otherwise agreed by Licensor in writing,
Licensee will not make alterations or physical additions in or to a Structure without
Licensor’s prior written permission.
E. INSPECTION. In accordance with the terms of this Agreement, Licensor reserves the right to
inspect the Attachments and the Hub Site in order to ensure compliance with these site standards.
Any such inspection will be solely for the information and use of Licensor and does not constitute
any approval of or acquiescence to the conditions at the Structure that might be revealed during
the course of the inspection.
F. EQUIPMENT. Movement of construction vehicles, equipment buildings, generators and similarly
large equipment in or around the Property will be restricted to times and locations designated by
Licensor. Licensor will determine the method of routing to ensure the safety of all concerned
parties and minimize damage to the Property and Structures. At least twenty-four (24) hours
advance notice is required prior to the movement of equipment.
1. Licensor will determine the manner in which the Attachments will be placed.
2. Licensor will have the authority to determine the maximum equipment weight allowed in
any area of a Licensed Structure.
G. RADIO FREQUENCY INTERFERENCE PROTECTIVE DEVICES. If, due to a Licensee’s
proposed modification, there exists any change to the Radio Frequency (“RF”) environment,
Licensor may, at its sole discretion and Licensee’s cost, require additional protective devices. In
7 - 1 - 43
5/1/2012
Wireless Communications and License Agreement
Exhibit C System Specifications Page 3 of 8
order to properly evaluate any proposed modification, Licensor shall have the right to request the
following information from the Licensee:
• Theoretical transmitter mixes - Combiner/multicoupler configurations
• Historical problems
• Calculated and measured level of IM products (these issues should be resolved
before launch)
• Spectrum analyzer measurements
• Voltage Standing Wave Radio (“VSWR”) measurements
• Existing cavity selectivity
H. LIGHTNING SURGE ARRESTOR. Antenna lines entering any Radio Space must have a
suitable lightning surge arrestor installed within two (2) feet of the cable entry port. The surge
arrestor must be bonded to the site grounding system.
II. CABLE
A. All transmission lines will be installed and maintained to avoid kinking and/or cracking.
B. Transmission interconnecting cables and jumpers will be constructed of solid copper outer
conductor Superflex™ or hardline.
C. Cables will not be installed, after the initial installation, without written permission by Licensor.
D. Each cable will be tagged with weatherproof labels showing the owner’s name at both ends of the
cable run, or such cable shall be color coded with vinyl tape, with Licensor’s approval of color
code.
E. Each cable fastener that is exposed to the weather will be stainless steel.
F. All interconnecting cables/jumpers will have shielded outer conductor.
G. Interior cables will run in troughs or cable trays and on cable or wave guide bridges at intervals of
no less than three (3) feet.
H. Outside cables will be attached with stainless steel hangers and non-corrosive hardware.
I. All unused lines will be tagged, using color codes, at both ends showing termination points with
the appropriate impedance termination at each end.
J. All AC line cords must be 3-conductor type with attached grounding plugs. All AC line cords
installed in permanently affixed racks shall utilize locking-type plugs.
K. All transmission lines will be grounded at both end of the Attachments and at the Licensee’s
Radio Space entry point, with the appropriate grounding kits. Grounding will be in accordance the
specifications outlined within these System Specifications.
L. All cables running to and from the exterior of the cabinet will be one hundred percent (100%)
ground shielded. Preferred cables are: Heliax®, Superflex™ or braided grounds with foil wrap.
M. All other interior cables must be ¼, ½ Superflex™ or value flex as manufactured by Andrew
Corporation or approved equal.
III. CONNECTORS
A. Connectors will be Teflona® filled, UHF or N type, SMA, or DIN type including
chassis/bulkhead connectors.
7 - 1 - 44
5/1/2012
Wireless Communications and License Agreement
Exhibit C System Specifications Page 4 of 8
B. Connectors will be properly fabricated (soldered, if applicable), if field installed.
C. Connectors will be taped and Scotchkoted™ or equivalent at least 4 onto the jacket, if exposed to
the weather.
D. Male pins must be of proper length, in accordance with manufacturer’s specifications.
E. Female contacts will not be spread.
F. Connectors must be pliers tight. Hand tight is not acceptable.
G. Connectors will be silver-plated or brass.
H. Connectors must be electrically and mechanically equivalent to the Original Equipment
Manufacturers (“OEM”) connectors.
IV. RECEIVERS
A. All RF shielding must be in place.
B. Receivers must meet manufacturer’s specifications, particularly with regard to bandwidth,
discriminator, swing and symmetry and spurious responses.
C. Crystal filters, pre-selectors, and cavities must be installed in RX legs, where appropriate.
V. TRANSMITTERS
A. Transmitters must meet manufacturer’s original specification.
B. All RF shielding must remain in place.
C. Transmitters must be tagged with owner’s name, contact name, contact phone number, equipment
model number, serial number and operating frequency(ies) and a copy of Licensee’s current FCC
license for such transmitter.
D. All low level, pre-driver and driver stages in the exciters must be shielded.
E. All power amplifiers must be shielded.
F. Output power will not exceed that specified on the applicable FCC license.
VI. COMBINERS/MULTICOUPLERS
A. Combiners/multicouplers will meet the manufacturer’s specifications.
B. Combiners/multicouplers must be tuned using the manufacturer’s approved procedures.
C. Combiners/multicoupler must provide a minimum of 60 dB transmitter to transmitter isolation.
VII. CABINETS
A. All cabinets must be bonded together and to the equipment building ground system.
B. All cabinet doors must be secured.
C. All non-original holes larger than 1 must be covered with copper screen or solid metal plates.
D. Current licenses for all operating frequencies must be mounted on the cabinet exterior for display
at all times.
7 - 1 - 45
5/1/2012
Wireless Communications and License Agreement
Exhibit C System Specifications Page 5 of 8
E. All cabinets must be labeled, identifying owner and contents.
VIII. MAINTENANCE/TUNING PROCEDURES
A. If the Radio Space is within a common equipment shelter, access will be by authorized personnel
only.
B. Only qualified employees or agents of Licensee will perform maintenance and tuning. Prior
written consent is not required for this work.
C. Equipment operating parameters must meet manufacturer’s specifications.
D. All cover, shield and rack fasteners must be in place and securely fastened following these
procedures.
IX. INTERFERENCE DIAGNOSTIC PROCEDURES
A. In accordance with the Agreement, Licensee must cooperate immediately with Licensor when
called upon to investigate a source of interference, whether or not it can be conclusively proven
that any portion of the System is involved.
B. Lengths:
1. Cable runs will not be longer than necessary to provide a proper connection and normal
maintenance and operation.
2. No coiled lengths will be permitted on the ice bridge or on the ground.
C. Entry:
1. Entry of cable to the interior of the Licensee’s Radio Space will be via ports provided in
the Licensee’s Radio Space’s wall.
2. Cable entrance port will be provided with a boot to seal. The boot shall be a Microflect
or equivalent commercial product made specifically for the type of cable or waveguide
and the size of the port.
3. Seals will be installed in accordance with the manufacturer’s instructions and will be
sealed against moisture.
X. EQUIPMENT LOCATED WITHIN A COMMON EQUIPMENT SHELTER
A. Equipment Installation Requirements in a common equipment shelter:
1. Licensor must approve mounting of Attachments to interior or exterior building walls
prior to installation.
2. All racks and equipment will be plumb and true with walls and floor.
3. Installation of Attachments will be consistent with the electrical and operation
requirements of such Attachments.
4. The Attachments will be installed in a neat and workmanlike manner to provide a
professional, finished installation.
5. All of Licensee’s equipment shall be labeled.
B. Transmission Lines Routing:
7 - 1 - 46
5/1/2012
Wireless Communications and License Agreement
Exhibit C System Specifications Page 6 of 8
1. All cables will be placed and secured in cable trays or troughs within the Licensee’s
Radio Space to the equipment racks and termination points.
C. Lengths:
1. Cable lengths will not be longer than necessary to provide proper connection.
2. No coiled lengths will be permitted in the tray or elsewhere in the Licensee’s Radio
Space or elsewhere in the common equipment shelter.
D. Licensor has provided transient surge protection on the primary AC feed to the Radio Space.
However, Licensor does not provide any warranty against electrical surge. Therefore, Licensor
recommends that Licensee install, at Licensee’s expense, individual transient surge protection on
each circuit used by Licensee.
E. Licensee will operate equipment with all shields attached, cabinet doors closed and side panels
attached.
F. Neither Licensee nor its representatives will interfere with any other attachments or systems at the
Structure. Licensee will not trip any electric service breakers for any reason without Licensor’s
prior written approval.
G. Licensee will not adjust, attempt to adjust or otherwise tamper with the temperature control
thermostats within a Licensed Structure. Licensor will adjust thermostats as required to maintain
the standard building temperature.
XI. GROUNDING
A. Licensee must adhere to the grounding specifications listed herein, based upon the Attachments at
the Structure.
B. All exterior grounding connections to the main ground loop will use exothermic welding
(Cadweld®).
C. Cables will be grounded, at a minimum, prior to the point of entry to the Hub Site.
D. Cable grounding leads will connect to a separate point for each run to the common ground point.
E. Grounding straps will be kept to a minimum length and as near as possible to the vertical down
lead. Straps will be consistent with the restraints of protective dress and access.
F. Each rack will be a properly sized, insulated ground lead from the rack safety and signal grounds
to a grounding point on the ground plate.
G. The insulated ground lead must follow the cable tray routing and must be located in the tray.
H. Each rack will be separately grounded.
XII. ELECTRICAL
A. Polarized electrical outlets must be installed for all transmitters when possible.
B. Surge protection will be provided for all base stations.
XIII. ELECTRICAL DISTRIBUTION
A. Within the Hub Site, all electrical wiring from the distribution breaker panel will be via rigid metal
conduit, routed along the underside of the cable tray to a point directly above the equipment rack.
7 - 1 - 47
5/1/2012
Wireless Communications and License Agreement
Exhibit C System Specifications Page 7 of 8
XIV. TEMPORARY LOADS
A. Test equipment, soldering irons or other equipment serving a test or repair function will be used if
the total load connected to any single or duplex receptacle does not exceed fifteen (15) amps.
B. Test equipment to be used in place for more than seven (7) days will require approval by Licensor
prior to placement.
XV. DOORS. Doors accessing buildings or shelters that house the Attachments will not be left unlocked or
propped open except as required for moving equipment.
XVI. LICENSED STRUCTURE APPEARANCE
A. Licensee will be required to remove all trash, dirt, debris and other materials that it brings onto or
creates at a Structure.
B. No food or drink will be permitted at the Hub Site or within a Structure except as allowed by
Licensor.
C. No smoking is permitted at a Structure or the Hub Site.
D. Doorways, vestibules and other areas in and around a Structure will not be obstructed or used by
Licensee for any purpose other than the intended purpose.
E. Damage to a Licensed Structure, the Hub Site, or any portion of the Property, caused by Licensee,
its Wireless Carrier customer, or either of their respective agents or contractors, will be the
responsibility of Licensee.
F. Licensee’s installation must be maintained in a neat and orderly manner.
G. Signs, advertisements, graphics or notices (except for warning signs placed by Licensor, or that
Licensee may be required to post in compliance with laws, ordinances, regulations or rules
adopted or promulgated by any appropriate Government Entity) are not permitted in or around a
Structure or the Hub Site.
H. Licensee shall not move or modify signs placed on or around Structures by Licensor.
I. All signs placed on or around any of the Licensed Structures shall comply with the Town of Vail
sign code, as applicable.
XVII. STORAGE. Except as expressly permitted by Licensor, no equipment, parts or materials will be
stored at a Structure by Licensee. Licensee may store such material within the Hub Site as reasonably
necessary for the operation and maintenance of the System.
XVIII. DAMAGE. Licensee will report to Licensor any damage to a Structure, structure, component or
equipment that is observed by Licensee, whether or not caused by Licensee.
XIX. REPORTING ON SITE
A. Emergency twenty-four (24) hour contact number(s) must be displayed on the outside of
Licensee’s equipment cabinets or in Licensee’s Radio Space.
B. Routine service calls will be scheduled between the hours of 8:00 a.m. and 5:00 p.m. weekdays.
C. Personnel must utilize appropriate access devices (such as cards or combinations where
applicable) to prevent activation of the alarm system when entering shared Licensed Structure
space. When exiting the Licensed Structure, the security system must be re-armed.
7 - 1 - 48
5/1/2012
Wireless Communications and License Agreement
Exhibit C System Specifications Page 8 of 8
D. Licensee will comply with these System Specifications requirements for the security of the
Structure.
7 - 1 - 49
5/1/2012
Resolution No. 9, Series 2012
Exhibit D
Fiber etwork Standards
A. Initial Minimum Standards at Installation.
All fiber connectivity will be a continuous path utilizing fusion splices from the Hub location(s) to the
remote antenna locations. Below are the industry standard specifications for the Network Fiber at
installation:
Below are the industry standard specifications for the Network fiber at installation:
From Glass Loss:
<0.35 dB/km @ 1310 nm wavelength
<0.20 dB/km @ 1550 nm wavelength
From Insertion Loss (Connectors):
<0.1 dB per LC connector
From Splice Loss:
<0.05 dB for single-mode fiber
Optical Time Domain Reflectometer (“OTDR”) test should be performed and the results provided to Crown
as the basis for the minimum standards (Baseline Standard) for the Fiber Network during the Term.
B. Maintenance and Response to Outages.
The Parties expect that the Fiber Network will operate at the standards set forth above and in the event of a
Fiber Network failure, Licensee will use commercially reasonable efforts to repair the Fiber Network within
two (2) hours of such failure. Licensor will use commercially reasonable efforts to assist licensee as
requested thereby.
7 - 1 - 50
5/1/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 1, 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 June 5, 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 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 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 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)
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 June 5, 2012 public hearing.
5/1/2012
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 June 5, 2012 public hearing.
5/1/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: May 1, 2012
ITEM/TOPIC: Adjournment (8:30 p.m.)
5/1/2012