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HomeMy WebLinkAbout2012-06-19 Agenda and Support Documentation Town Council Evening SessionNOTE: � 3. Q VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., JUNE 19, 2012 T�1�'I� �!F 4��41 � � Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. ITEM/TOPIC: Citizen Participation (15 min.) PRESENTER(S): Public ITEM/TOPIC: Consent Agenda: 1) Booth Creek Trailhead Easement - Tom Kassmel (5 min.) PRESENTER(S): Various ITEM/TOPIC: Town Manager Report: Election Charter Changes Discussion - Matt Mire (5 min.) PRESENTER(S): Various ITEM/TOPIC: Results of the May 2012 Town of Vail Draft Ballot Measure Survey (30 min. ) PRESENTER(S): David Flaherty, Magellan Strategies ACTION REQUESTED OF COUNCIL: Review the survey results, ask questions and provide direction. BACKGROUND: The Vail Town Council commissioned a survey conducted by Magellan Strategies to determine the amount of support and opposition for a draft ballot measure that would create a dedicated funding source for qualified athletic, cultural and other special events. If approved, the ballot measure would create two tax increases, a 1.5% increase to the lodging tax and a 0.5% increase to the sales tax. In addition after five years voters would have the opportunity to continue or reject the tax increases. The survey includes an "informed" and "uniformed" ballot test. This approach measures voter opinion before and after being educated about the facts of the draft ballot measure. The survey yielded responses from 260 registered voters in the Town of Vail, Colorado. The interviews were conducted May 7th through May 31 st, 2012, and the survey has a margin of error of +/- 5.89% at the 95 percent confidence interval. The interviews were conducted by calling respondents on their home and cell phones, and online by sending email invitations and posting the survey on the Town of Vail website. The summary of results is outlined in the attached memo and presentation. 6n 9i2o i 2 5. ITEM/TOPIC: Comcast Field Operations Audit Update (20 min.) PRESENTER(S): Ron Braden/Matt Mire/Mike Trueblood,Comcast Representative ACTION REQUESTED OF COUNCIL: Listen to presentation and provide direction to staff. BACKGROUND: Pursuant to Resolution Number 18, Series 2011, The Town of Vail (the "Town") and Comcast and are parties to a certain Compliance Agreement (the "Agreement") dated September , 2011. The Agreement was entered into between the parties after a report was issued by a Town consultant, Jonathan Kramer, which documenting alleged violations of the National Electric Code. The Agreement requires Comcast to identify and correct all issues found during Comcast's inspection of the cable system on or before December 31, 2011. The Agreement further requires that Comcast comply with a re-inspection of the system to ensure compliance with the Agreement. This re-inspection has now been completed staff and Comcast are prepared to report to Council regarding the results. One compliance has been ensured the Council will then begin discussions regarding a new franchise agreement with Comcast at a future regular meeting. 6. ITEM/TOPIC: Reallocation of Commission on Special Events(CSE) Event Funds for Late Year 2012 (20 min.) PRESENTER(S): Sybill Navas, Special Events Coordinator ACTION REQUESTED OF COUNCIL: CSE is requesting that Council review the recommendation for reallocation of funds for late year 2012, ask questions and provide direction. BACKGROUND: On June 6, the CSE reviewed the 12 responses to the RFP that was issued in order to reallocate the funds that have been returned to the budget due to cancellation of Mojo Man. The CSE evaluated each application according to the criteria developed jointly in cooperation with the Vail Local Marketing District Advisory Council. Total funds available are $85,000. STAFF RECOMMENDATION: CSE recommends that Council approve the reallocation of funds as outlined in the attached memo. 7. 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 Vlll, 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) (5 minutes) PRESENTER(S): Bill Gibson, Community Development Department 6n 9i2o i 2 ACTION REQUESTED OF COUNCIL: The Community Development Department requests the Vail Town Council grants a continuance of Resolution No. 7, Series of 2012, and the second reading of Ordinance No. 2, Series of 2012, to its July 3, 2012, public hearing to allow the applicant additional time to gather information for the Council's review. 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). On May 1, 2012, the Vail Town Council approved the first reading of Ordinance No. 2, Series of 2012, by a vote of 6-0-1 (Foley opposed), with the modifications that Section 12-6J-9 allows not more than one hundred twenty five square feet of GRFA for each one hundred square feet of total site area (i.e. 1.25 GRFA ratio). The Vail Town Council tabled Resolution No. 7, Series of 2012, to correspond to the second reading of the ordinance. On May 15, 2012, the Vail Town Council tabled Resolution No. 7, Series of 2012, and the second reading of Ordinance No. 2, Series of 2012, to its June 19, 2012, public hearing. STAFF RECOMMENDATION: The Community Development Department recommends the Vail Town Council grants a continuance of Resolution No. 7, Series of 2012, and the second reading of Ordinance No. 2, Series of 2012, to its July 3, 2012, public hearing. 8. ITEM/TOPIC: First Reading of Ordinance No. 7, Series of 2012, an ordinance repealing and reenacting the approved development plan for Phase IV of Special Development District No. 6, Vail Village Inn, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of one existing fractional fee club unit to one dwelling unit, located at 16 Vail Road (The Sebastian) / a portion of lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (20 minutes) PRESENTER(S): Rachel Dimond, Dominic Mauriello ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 7, Series of 2012, upon first reading. BACKGROUND: On May 12, 2012, the Planning and Environmental Commission (PEC) recommended approval, with conditions, to the Vail Town Council for a major amendment to Special Development District No. 6. The PEC also approved, with conditions, the amendment to an existing conditional use permit for the reduction in fractional fee units. Should Ordinance No. 7, Series of 2012 be approved, The Sebastian will be permitted to increase the number of dwelling units from one to two and decrease the number of fractional fee units from 50 to 49. STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Vail Town Council approves, with conditions, Ordinance No. 7, Series of 2012, upon first reading. The PEC recommends the following condition be placed on the approval: 6n 9i2o i 2 1. "The applicant shall amend all applicable condominium maps to reflect the change in use and cause said maps to be recorded in the office of the Eagle County Clerk and Recorder within 90 days of approval of the major amendment to the special development district application." 9. ITEM/TOPIC: Second reading of Ordinance No. 8, Series of 2012, an ordinance amending the Official Zoning Map to rezone the Vail Golf Course Clubhouse Parcel from the Outdoor Recreation District to the General Use District, Iocated at 1778 Sunburst Drive/Vail Golf Course Clubhouse Parcel, and setting forth details in regard thereto. (5 minutes) PRESENTER(S): Bill Gibson, Community Development Department ACTION REQUESTED OF COUNCIL: The applicant requests the Vail Town Council grants a continuance of the second reading of Ordinance No. 8, Series of 2012, to its July 3, 2012, public hearing to allow the applicant additional time to obtain information for the Council's review. BACKGROUND: On June 5, 2012, the Vail Town Council approved the first reading of Ordinance No. 8, Series of 2012, by a vote of 6-1-0 (Daly opposed). STAFF RECOMMENDATION: The Community Development Department recommends the Vail Town Council grants a continuance of the second reading of Ordinance No. 8, Series of 2012, to its July 3, 2012, public hearing. 10. ITEM/TOPIC: Adjournment (8:05 p.m.) 6n 9i2o i 2 TQ�I+'�f �f 4��1� � VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: June 19, 2012 ITEM/TOPIC: Consent Agenda: 1) Booth Creek Trailhead Easement - Tom Kassmel PRESENTER(S): Various ATTACHMENTS: ERWSD Booth Creek Trailhead Memo 061912 ERWSD Booth Creek Trailhead Easment 061912 ERWSD Booth Creek Trailhead Legal 061912 ERWSD Booth Creek Trailhead Map 061912 6n 9i2o t 2 TOUVN OF VAlL� M�morandurr� To: Town Council From: Public Works Date: 6-19-12 Subject: ERWSD Easement at Booth Creek Trailhead I. BACKGROUND Eagle River Water and Sanitation District (ERWSD) is in the process of making improvements to their existing infrastructure at the Booth Creek Trailhead. The infrastructure includes a booster pump station, water tank, access road and accompanying necessary utilities. This existing infrastructure has been in place for decades and is on Town land, and does not currently have a recorded easement associated with it. ERWSD is requesting that an easement be dedicated. II. STAFF RECOMMENDATION Staff has reviewed the requested easement and recommends the easement be approved in its current form as approved by the Town Attorney. 6il9iaoiz a-i-i EASEMENT THIS EASEMENT is made this day of , 2012, by and between TOWN OF VAIL, COLORADO, a Colorado home rule municipality (hereinafter referred to as "Grantor"), successors and assigns, and EAGLE RIVER WATER AND SANITATION DISTRICT, a political subdivision of the State of Colorado within the County of Eagle, (hereinafter referred to as "District"). WITNESSETH, that for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the District to Grantor, the adequacy and receipt of which is hereby acknowledged, the Grantor does hereby grant, convey and transfer unto the District, its successors and assigns, a perpetual easement and right to construct, install, remove, replace, add to, maintain, repair, operate, change or alter underground water lines and all underground and surface appurtenances related thereto, including without limitation, the access road, valve boxes, meter vaults and manholes (hereinafter "water lines"), together with all necessary rights-of-way for convenient ingress and egress thereto and therefrom, and the right to occupy and use, from time to time, as much of the adjoining land of Grantor as may be reasonably necessary and separately agreed upon for any of the aforesaid purposes, over, under and across the following described premises, situate in the County of Eagle, Sta�e of Colarado, to-wit (the "Easement Property"): See EXHIBIT A attached hereto and incorporated herein by reference. Grantor warrants that Grantor has the lawful right to grant and convey the Easement Property. The District accepts the Easement Property "as is", and Grantor makes no warranties or representations concerning the Easement Property. To the extent permitted by law, District shall hold Grantor harmless from any liability or damages related in any way to the use of the Easement Property by the District. Grantor will at no time permit, place or construct any structure or building, temporary or permanent, on any part of the Easement Property. Any structure or building located on the Easement Property as of the date of this Easement may be removed by the District without liability for damages arising therefrom. Grantor retains the right to the undisturbed use and occupancy of the Easement Property insofar as such use and occupancy is consistent with and does not impair any grant herein contained. All construction activities of the District under this Easement shall comply with all applicable rules, regulations and ordinances of Grantor. Following the completion of the purpose of any entry by the District upon the Easement Property for any of the aforesaid objects, the District shall restore the Easement Property to equal or better condition existing at the time of the entry thereon, except for structures and buildings; and shall maintain the Easement Property, including the access road and water lines in and acceptable manner to Grantor. District shall be authorized to limit access to the Easement Property by maintaining the existing gate and may lock the gate to restrict access as presently {00279427.DOC / 2} 6/19/2012 2-2-1 provided. Grantor may access the Easement Property through the locked gate as necessary upon notice to the District. All provisions of the Easement, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, subject to the provisions hereof. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. STATE OF COLORADO COUNTY OF EAGLE GRANTOR: TOWN OF VAIL, COLORADO, a Colarado home rule municipality By: Name: Title: ) ) ss. ) The foregoing Easement was subscribed and sworn to before me this , 2012, by as of Grantor. Witness my hand and official seal. My commission expires: ACCEPTED by the District this {00279427.DOC / 2} Notary Public day of day of 2012. DISTRICT: EAGLE RIVER WATER AND SANITATION DISTRICT, a political subdivision of the State of Colorado By: Name: Linn Brooks Title: General Manager 2 6/19/2012 2-2-2 {00279427.DOC / 2} 6/19/2012 2-2-3 Exhibit A To Easement from the Town of Vail, Colorado A portion of Lot 1, Section 2, Township 5 South, Range 30 West of the 6t'' Principal Meridian, County of Eagle, State of Colorado, as depicted on the attached plat of the Easement Property. {00279427.DOC / 2} 4 6/19/2012 2-2-4 EXHIBIT EASEMENT DESCRIPTION A PARCEL OF LAND LOCATED IN LOT 1, SECTION 2, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE SIXTH PRiNCIPAL MERDIAN ACCORDING TO THE CORRECTIVE DEPENDENT RESURVEY OF SECTIONS 2 AND 12; B.L.M. PLAT DATED AUGUST 11, 1997 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT CORNER No. 4 A FOUND No. 5 REBAR WITH 2 1/2" ALUMINUM CAP IN PLACE WEIENCE CORNER No. 1 A FOiTND No. 5 RE BAR WITH 2%a" ALUMINUM CAP IN PLACE OF SAID LOT 1 BEARS N00°28'20'B A DISTANCE OF 409.86 FEET; SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE N88°5 P40"W ALONG THE SOUTH LINE OF SAID LOT 1 A DISTANCE OF 706.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTIr]IUNG ALONG SAID SOUTH LINE N88°51'40"W A DISTANCE 80.69 FEET; THENCE DEPARTING SAID SOUTH LINE THE FOLLOWING (20) TWENTY COURSES: 1) N 13°53'06" E A DISTANCE OF 120.37 FEET; 2) N 57°46'19" E A DISTANCE OF 142.77 FEET; 3) N 90°00'00" E A DISTANCE OF 187.27 FEET; 4) N 00°00'00" E A DISTANCE OF 107.28 FEET; 5) N 45°00'00" E A DISTANCE OF 69.98 FEET; 6) N 90°00'00" E A DISTANCE OF 69.62 FEET; 7) S 45°00'00" E A DISTANCE OF 116.94 FEET; 8) S 00°00'00" E A DISTANCE OF 51.80 FEET; 9) S 42°22'32" W A DISTANCE OF 69.91 FEET; 10) S 23°47'11" E A DISTANCE OF 48.65 FEET TO A POINT OF CURVATURE; 11) 60.39 FEET ALONG SAID CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 60°42'15", A RADIUS OF 57.00 FEET AND A CHORD WHICH BEARS S 06°33'S7" W A DISTANCE OF 57.61 FEET; 12) S 36°55'OS" W A DISTANCE OF 9.70 FEET TO A POINT OF CURVATURE; 13) 45.21 FEET ALONG SAID CURVE TURNING TO THE RIGHT HAVING A CENTRAL ANGLE OF 76°11'O1", A RADNS OF 34.00 FEET AND A CHORD WHICH BEARS S 75°00'35" W A DISTANCE OF 41.95 FEET; 14) N 66°53'S4° W A DISTANCE OF 19.99 FEET; 15) N 58°57'33" W A DISTANCE OF 29.57 FEET; 16) N 51°20'12" W A DISTANCE OF 146.78 FEET; 17) S 83°47'14" W A DISTANCE OF 122.59 FEET; 18) S 45°00'00" W A DISTANCE OF 44.35 FEET; 19) S 02°08'11" W A DISTANCE OF 53.04 FEET; 20) S 45°55'41" W A DISTANCE OF 89.19 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCE E OR LESS. BRENT BIGGS PLS No. 27598 PREPARED FOR AND ON BEHALF OF PEAK LAND CONSULTANTS, INC. P:\1700-1799\1732.2\docs�Exhibit-IBPS-Legal, doc 6/19/2012 2-3-1 2-3-2 �uor 'wv zz s� o� z�oz/s/s '6�,v a�awasoa sdei—i!qux3\6�^P\z'zsu\ssu—oou\ d c� z � w w Q � �n w �n r� m i� o ;") O � c0 tn � O I� � Z Z _ U � _ � � � � � . � � <i- �- z w � � � � � Z "7 `9 Q t� N W ~ J m = Q � . ( `i � N z o �i W w cfl � i� � � U � � O O Q O O Q I� d' in r� � Q � �— � � O � � � W � o � �� W � � U U U � w w w w w w w w� w�������� z c0 6� O O O O O O N.— i,c7 d- r� N r}- O�� o � o 0 0 0 0 0,� � o�n ,� �,- ,- o�- � � i"� � O O O O O O N� �(7 �"� t� O I� O��C7 Q�; r O O O p O O N; t ��� N d' p O �(7 W�"� � O O� O! n O N�� cp p� r7 � N �(7 m � t.C) � O �t' O) � O d' N I'7 CO ���'� �� Z Z (n Z Z fn (n (/') (/) � (n Z Z Z (n (n � (n W J m Q �- _ I— I� I� (� N 00 N� O� L() " 6� I� � 6� �� 6� W C� r��NNrncornoo�co�rn�n�`�,�o� JJ �N � N O � � � � c0 � � � N `t N � � 0� W O � N t�'� �� c0 I� 0� z N r'� d' � c.0 I� � O� J J J J _I J J J J J,J J J J J J J.J J �yor 'wv ez s� o� z�oz/s/s '6�,,P'��awa�o3 sdei-�!quxa\6�^P\zzc<<\ee��-oou\ d 2-3-3 6/19/2012 2-4-1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: June 19, 2012 ITEM/TOPIC: Town Manager Report: E�ection Charter Changes Discussion - Matt Mire PRESENTER(S): Various 6n 9i2o i 2 TQ�I+'�f �f 4��1� � TQ�I+'�f �f 4��1� � VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: June 19, 2012 ITEM/TOPIC: Results of the May 2012 Town of Vail Draft Ballot Measure Survey PRESENTER(S): David Flaherty, Magellan Strategies ACTION REQUESTED OF COUNCIL: Review the survey results, ask questions and provide direction. BACKGROUND: The Vail Town Council commissioned a survey conducted by Magellan Strategies to determine the amount of support and opposition for a draft ballot measure that would create a dedicated funding source for qualified athletic, cultural and other special events. If approved, the ballot measure would create two tax increases, a 1.5% increase to the lodging tax and a 0.5% increase to the sales tax. In addition after five years voters would have the opportunity to continue or reject the tax increases. The survey includes an "informed" and "uniformed" ballot test. This approach measures voter opinion before and after being educated about the facts of the draft ballot measure. The survey yielded responses from 260 registered voters in the Town of Vail, Colorado. The interviews were conducted May 7th through May 31 st, 2012, and the survey has a margin of error of +/- 5.89% at the 95 percent confidence interval. The interviews were conducted by calling respondents on their home and cell phones, and online by sending email invitations and posting the survey on the Town of Vail website. The summary of results is outlined in the attached memo and presentation. ATTACHMENTS: DRAFT Ballot Measure Survey Summary Dawes Wilson Email re ACE Survey 061912 6n 9i2o t 2 June 5, 2012 MEMORANDUM TO: INTERESTED PARTIES FR: DAVID FLAHERTY MAGELLAN STRATEGIES RE: TOWN OF VAIL DRAFT BALLOT MEASURE SURVEY EXECUTIVE SUMMARY The following is an executive summary of a survey of 260 registered voters in the Town of Vail, Colorado. The interviews were conducted May 7th through May 315t, 2012, and the survey has a margin of error of +/- 5.89% at the 95 percent confidence interval. The interviews were conducted by calling respondents on their home and cell phones, and online by sending email invitations and posting the survey on the Town of Vail website. Overview The Vail Town Council commissioned the survey to determine the amount of support and opposition for a draft ballot measure that would create a dedicated funding source for qualified athletic, cultural and other special events. If approved, the ballot measure would create two tax increases, a 1.5% increase to the lodging tax and a 0.5% increase to the sales tax. In addition, after five years voters would have the opportunity continue or reject the tax increases. The survey includes an "informed" and "uninformed" ballot test. This approach measures voter opinion before and after being educated about the facts of the draft ballot measure. Summarv The survey finds a majority of voters currently would vote no to reject the proposed ballot measure. Among all respondents, the informed ballot test shows a clear majoriry, 59% of Vail voters would vote no to reject the draft ballot measure, 36% would vote yes to approve the draft ballot measure, and 5% responded as undecided. The survey results show a majority of Vail voters do not believe that now is the time to raise taxes. Two thirds of male voters are opposed to the draft ballot measure in comparison to a slight majority of female voters, 64% to 52% respectively. In our opinion it is unlikely the draft measure would pass if it were put on the ballot in November. We believe this for several reasons. First, intensity among voters that oppose the draft ballot measure is significantly stronger than among voters that support the draft ballot measure. The informed ballot test finds 42% of voters strongly reject the draft ballot measure compared to 19% of voters that strongly 6it9i2oi2 4-1-1 Magellan ID# COVAIL-050712 Town of Vail Draft Ballot Measure Survey Executive Summary Page 2 of 8 Field Dates: 5/7/12 - 5/31/12, MoE +�- 5.89o/0, 260n approve it, a difference of 23 points. Second, opposition to the draft ballot measure is very strong among men, with 64% responding they would reject the measure and 44% strongly opposing the measure. In past Vail general elections male voters have averaged 55% of the total vote, making the job of the supporters very difficult to achieve a majority. Finally, 57% of respondents agreed with the opposition point of view that now is not the time to be raising taxes, and considering the economic environment, we would not expect that opinion to change in the next five months. With that said, it is possible a well-funded and managed "Yes" campaign could achieve a majority of support, but highly unlikely. Uninformed Draft Ballot Measure Test The uninformed ballot test question read the complete draft ballot measure language to respondents and then asked: "That ends the draft ballot measure summary. Based on whatyou know right now, if the election were held today, would you vote YES to approve or NO to reject this draft ballot measure?" Totalno, reject ............................................................................ 58% Total yes, approve ..................................................................... 37% Undecided........................................................................................ 4% Don't Know/Refused ..................................................................1% The uninformed ballot test finds 58% or respondents would vote no and reject the draft ballot measure, 37% would vote yes to approve the measure, 4% are undecided and 1% did not have an answer or refused. Voter intensity is stronger among no voters on the uniformed ballot test. Thirty six percent of no voters would strongly reject the draft ballot measure, and 17% of yes voters would strongly approve the draft ballot measure. The following table shows the uninformed ballot test by gender and interview method. Uninformed Draft Ballot Measure Test b Voter Sub rou All Men Wom Phone Online Total no 58% 59% 56% 60% 51% Stron no 36% 42% 28% 38% 30% Smwt no 22% 17% 28% 22% 21% Total es 37% 36% 37% 34% 43% Stron es 17% 17% 16% 15% 22% Smwt es 20% 19% 21% 19% 21% Undecided 4% 4% 5% 5% 3% DK Refused 1% 1% 2% 1% 3% i `� �► Magellan Strategies � 1685 Boxelder St. Ste 300 � Louisville, CO 80027 www.Ma ellanStrate ies.com �(303) 861-8585 4-1-2 Magellan ID# COVAIL-050712 Town of Vail Draft Ballot Measure Survey Executive Summary Page 3 of 8 Field Dates: 5/7/12 - 5/31/12, MoE +�- 5.89o/0, 260n The survey included questions to inform voters about the facts of the draft ballot measure so they could make a more informed decision of whether they would support or oppose the measure. After being read information, voters were asked if they were more or less likely to support the draft ballot measure or if the information made no difference in their decision. Vai12012 Funding Level and Event Example Information Question "In 2012, the Vail Town Council allocated approximately $2.4 million in funding and $300,000 in in-kind services to support qualified athletic, cultural, and other special events and programs in Vail as well as operations related to those events. Examples of these events include (Event sets randomized and rotated): EVENT SET #1: The Teva Summer Mountain Games, The Bravo! Vail Valley Music Festival, King of the Mountain Volleyball, EVENT SET #2: Spring Back to Vail, Gourmet on Gore, Lionshead Saturday Family Fun Club, EVENT SET #3: The Vail Film Festival, Vail Oktoberfest, Kick It 3 on 3 Soccer Tournament, EVENT SET #4: Vail Farmers' Market & Art Show, the Vail International Dance Festival and the Rocky Mountain USSSA Softball Tournament. After hearing this information are you more or less likely to support the draft ballot measure or does it not make a difference in your decision?" Total more likely ........................................................................ 31% Total less likely ...........................................................................17% Nodifference ............................................................................... 50% Undecided/Don't Know .............................................................2% After informing voters of the amount of funding example events received in 2012, and examples of events that would receive funding, we find 31% of respondents are more likely to support the draft ballot measure, 17% are less likely to support it and 50% responded the information made no difference in their opinion. Question results by voter subgroup show female voters being more likely to support the draft ballot measure after hearing this information than male respondents by a 12-point margin, 38% to 26%. Much more likel� Smwt more likel Much less like Smwt less like No difference Undecided/DK 31% 26% 14% 13% 17% 13% 38% 30% 34% 15% 12% 19% 23% 18% 15% 17% 17% 16% 11% 12% 9% 6% 5% 7% 50% 56% 43% 2% 1% 3% 13% 24% 11% 11% 2% 13% 54°/a 41% 3% 1% I `� 1 Magellan Strategies � 1685 Boxelder St. Ste 300 � Louisville, CO 80027 www.Ma ellanStrate ies.com �(303) 861-8585 4-1-3 Magellan ID# COVAIL-050712 Town of Vail Draft Ballot Measure Survey Executive Summary Page 4 of 8 Field Dates: 5/7/12 - 5/31/12, MoE +�- 5.89o/0, 260n Tax Increase Information Question "The draft ballot measure will increase two taxes. The first is a 1.5% lodging tax, and the second is a 0.5% sales tax that exempts grocery purchases. The two taxes are projected to generate $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 draft ballot measure or does it not make a difference in your decision?" Total More Likely ...................................................................... 26% Total Less Likely ........................................................................ 20% NoDifference .............................................................................. 52% Undecided/Don't Know/Refused .......................................... 2% Tax Increase Information uestion b Voter Sub rou All Men Wom Phone Online Total more likel 26% 19% 34o/0 24% 31% Much more likel 11% 10% 11% 8% 16% Smwt more likel 15% 9% 23% 16% 15% Total less likel 20% 21% 19% 18% 24% Much less likel 13% 16% 10% 12% 16% Smwt less likely 7% 5% 9% 6% 8% No difference 52% 58% 45% 57% 41% Undecided DK 2% 2% 2% 1% 4% After being informed of the specifics of the two tax increases and the annual projected revenue estimate of $4.5 million dollars, we find 26% of respondents are more likely to support the draft ballot measure, 20% are less likely to support it, and 52% of respondents said the information made no difference in their opinion. Five Year Time Period Information Question "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 draft ballot measure or does it not make a difference in your decision?" Total More Likely ...................................................................... 33% TotalLess Likely ........................................................................ 14% NoDifference .............................................................................. 51% Undecided/Don't Know/Refused .......................................... 2% i `� �► Magellan Strategies � 1685 Boxelder St. Ste 300 � Louisville, CO 80027 www.Ma ellanStrate ies.com �(303) 861-8585 4-1-4 Magellan ID# COVAIL-050712 Town of Vail Draft Ballot Measure Survey Executive Summary Field Dates: 5/7/12 - 5/31/12, MoE +�- 5.89o/0, 260n Five Year Time Period Information uestion b Voter Sub rou All Men Wom Phone Online Total more likel 33% 31% 36% 32% 37% Much more likel 16% 17% 16% 15% 19% Smwt more likel 17% 14% 20% 17% 18% Total less likel 14% 15% 13% 12% 18% Much less likel 10% 11% 8% 8% 14% Smwt less likely 4% 4% 5% 4% 4% No difference 51% 53% 48% 54% 42% Undecided/DK 2% 1% 3% 2% 3% Page 5 of 8 After hearing this information, 33% are more likely to support the draft ballot measure, 14% are less likely to support it and 51% said the information made no difference in their opinion. Voter Opinion of Su�porter and O�ponent Points of View The following question presented the arguments of supporters and opponents of the draft ballot measure to respondents to which point of view they agreed with. "Supporters of the draft ballot measure say that a dedicated funding source is needed for existing and new qualified athletic, cultural and other special events and programs and to support operations and infrastructure in the Town of Vail related to events that build and enhance Vail's sense of community, attract destination guests and generate economic growth and vitality. While............Opponents of the draft ballot measure say now is not the time for a 1.5% lodging tax and a 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?" Now is not the time to raise taxes ...................................... 57% A dedicated funding source is needed ............................. 36% Don't know/refused .................................................................... 7% Now is not the time to raise taxes Dedicated funding source is needed Don't know/refused All � Men � Wom � Phone � Online 57% I 62% I 50% 36% I 34% � 40% 57% 57% 37% 35% 7% � 4% � 10% � 6% � 8% Among all respondents, 57% shared the opponent's point of view that "now is not the time to raise taxes", 36% of respondents agreed with the supporter point of view that a dedicated funding source is needed, and 7% responded as don't know or i `� �► Magellan Strategies � 1685 Boxelder St. Ste 300 � Louisville, CO 80027 www.Ma ellanStrate ies.com �(303) 861-8585 4-1-5 Magellan ID# COVAIL-050712 Town of Vail Draft Ballot Measure Survey Executive Summary Page 6 of 8 Field Dates: 5/7/12 - 5/31/12, MoE +�- 5.89o/0, 260n refused. Again we find male voters opposing the draft ballot measure more than women, 62% to 50% respectively. Informed Ballot Test "Now that you have heard some information about the draft ballot measure, if the election were held today would you vote YES to approve or NO to reject the draft ballot measure?" Totalno, reject ............................................................................ 59% Total yes, approve ..................................................................... 36% Undecided........................................................................................ 3 % Don't Know/Refused ..................................................................2% After hearing the facts about the ballot measure, 59% of respondents said they would vote no and reject the ballot measure, 36% said they would vote yes to approve the ballot measure, 3% were undecided and 2% did not have an opinion or refused the question. Comparing the uninformed ballot test to the informed ballot test we find there was not a significant change in voter opinion. (Uninformed ballot test results: 58% no, 37% yes, 5% undecided or refused). Informed Ballot Test b Voter Sub rou All Men Wom Phone Online Total no 59% 64% 52% 60% 55% Stron no 42% 44% 39% 43% 39% Smwt no 17% 20% 13% 17% 16% Total es 36% 33% 41% 36% 38% Stron es 19% 17% 22% 20% 19% Smwt es 17% 16% 19% 16% 19% Undecided 3% 2% 3% 2% 4% DK Refused 2% 1% 4% 2% 3% The Bravo! Su�porter Email Issue While the survey was in the field supporters of the Bravo! Vail Valley Music Festival sent an email to 461 supporters urging them to participate in the survey and support the draft ballot measure. There were concerns that the Bravo email would influence the survey's results. To measure the email influence of the survey we obtained the email list with first and last name and identified 28 voters that participated in the survey. The 28 "Bravo" interviews constitute 10.7% of all interviews, and the results of the Bravo respondents on the informed and uninformed ballot test questions are as follows: i `� �► Magellan Strategies � 1685 Boxelder St. Ste 300 � Louisville, CO 80027 www.Ma ellanStrate ies.com �(303) 861-8585 4-1-6 Magellan ID# COVAIL-050712 Town of Vail Draft Ballot Measure Survey Executive Summary Page 7 of 8 Field Dates: 5/7/12 - 5/31/12, MoE +�- 5.89o/0, 260n Uninformed Draft Ballot Measure Test Among Bravo Respondents Total yes, approve ..................................................................... 46% Totalno, reject ............................................................................ 39% Undecided..................................................................................... 11% Don't Know/Refused .................................................................. 4% Informed Draft Ballot Measure Test Among Bravo Respondents Total yes, approve ..................................................................... 50% Totalno, reject ............................................................................ 39% Undecided........................................................................................ 4% Don't Know/Refused .................................................................. 7% The following are the uninformed and informed ballot tests among respondents that were not included in the Bravo group. Uninformed Draft Ballot Measure Test Among Non-Bravo Respondents Total yes, approve ..................................................................... 35% Totalno, reject ............................................................................ 60% Undecided........................................................................................ 4% Don't Know/Refused ..................................................................1% Informed Draft Ballot Measure Test Among Non-Bravo Respondents Total yes, approve ..................................................................... 35% Totalno, reject ............................................................................ 61% Undecided........................................................................................ 3 % Don't Know/Refused ..................................................................1% The following are the survey demographics by gender, age and party affiliation. Gender Male................................................................................................. 55% Female............................................................................................ 45 % � 18-34 ............................................................................................... 18% 35-44 ............................................................................................... 19% 45-54 ............................................................................................... 12% 55-64 ............................................................................................... 24% 65+ ................................................................................................... 24% 0 Re use ............................................................................................. 3 /o i `� �► Magellan Strategies � 1685 Boxelder St. Ste 300 � Louisville, CO 80027 www.Ma ellanStrate ies.com �(303) 861-8585 4-1-7 Magellan ID# COVAIL-050712 Town of Vail Draft Ballot Measure Survey Executive Summary Page 8 of 8 Field Dates: 5/7/12 - 5/31/12, MoE +�- 5.89o/0, 260n Party Affiliation Unaffiliated................................................................................... 41 % Republican.................................................................................... 2 7% Democrat...................................................................................... 24% Libertarian......................................................................................1% GreenParty ..................................................................................... 0% Don't Know/Refused .................................................................. 7% i `� �► Magellan Strategies � 1685 Boxelder St. Ste 300 � Louisville, CO 80027 www.Ma ellanStrate ies.com �(303) 861-8585 4-1-8 'r '��. . . .l�� �; y, � �9!�]C.� . --- - - �� 6/19/2012 4-1-9 � � : �f, -� �... � �) � � � i �, � A � �1 i � � - ♦ f ���,� �� ����� ��,� i��� � .�. �. � �.. �a�°� � � .,� r4..� '�"" ���-���_�� �_ � �,` �� � , �, _ /�..a���i.. ,,�._ �. �� �'�.�c -� - J J � _ i � � , i��t�.,i . � , � , � ��.. � � - � � a . i���� �� . � . �' %Z �; r� .- � ���r ���� , w � � � �. � � 6/19/2012 4-1-10 �,._'`�� � •. _ J I `.'� .._�� � _ - �� � _, _�-- - -�- _ �� - - __ —_ _ _ _� � ■ I " ��-- - - - y'��'� �.. , ,; ..,.s��� - •K •- .� , J"�__ G 1� � : .� ��'�1 �, .� — — . ,.• t � �'��ti�' . �. � b ~,;�,; � _. ..;e,�,.,'_ `�• %�•- � �'_, _ �.� _.w, _ � — - �; . y„�'.. -.,.m;o,�, _ (.:4 � � , _� J • . f; _ �-_� .�;j�� � � ' : : :'"-' �.T� � , :��-r.itf� . ' � ' ` � ' r � �r •a.p 1i�1 _ � �� . - � �� � i � �;����s�� �. ;.. t•:t ,-���`�'. � ' � .� � .. - i � . :.� l�3�. � � ' F t " �� ��;'i •ib: ��.1j �:��i� �, ' .{������l� � � � ��i;�' i�t:r��i���l� .' �_�.���►i . . : � � � -x �_:�� .. _ : , ' ,: �., �"� ' : ai::�"s�"' , ; � ���� ' . - ; . , ["���iS � ' � ' �- .. ��►�� - - ;:.:�,_-.,�..��.� � c - . � �rr�s�J • --' _,li',s��Ll . � '' � � I ''-� � : . _fl��T��l . �: �s.r..s I _ , . . .. - � 'i _ _� � ` � Cl i►��i . : � .`;_r��.. . . _ .I .. :2. ' ., . ! p �� � � � The ob'ective of the surve was to measure voter o inion l Y p of a draft ballot measure that would create a new � dedicated fundin source for ualified athletic cultural g q � and other s ecial events and ro rams in Vail. If p p g a roved the ro osed ballot measure would create two pp � p p tax increases a 1.5 o increase in the lod in tax and a 0.5 0 � g g increase in the sales tax that exem ts rocer . In addition p g Y � Vail voters would have the o ortunit to a rove or pp Y pp re'ect the tax increases after five ears. l Y � � . � �._��.�_ _ __. _ _ �_ ... � �--�� �"� , � � � � "Shall the Town of Vail taxes be increased annually by $4.5 million in the first fiscal year and by whatever annual amounts f uture collections total f or the purpose of creating, sustaining and enduring a dedicated funding source for qualified athletic, cultural and other special events and programs in the the Town of Vail related to events, f rom the annual levy of an additional one and one half percent lodging tax on all transactions currently subj ect to the Town's existing lodging tax and one-half percent sales tax on all transactions currently subj ect to the town's sales tax except f or the sale of f ood f or home consumption commencing January 1, 2013 and expiring on December 31, 2017, and shall the revenues f rom such additional lodging and sales tax and any investment earnings thereon be collected and spent by the town f or the above stated purposes without regard to any spending, revenue raising, or other limitation contained in arti�le X, section 20 � .. � i� � � � w / � i� � i� �� .� � i� / � i� �� � � � � � � � � i� �� i� �� .� �� � � i� � � w �� � .� : � � �� .l / iI. . . � � � I . . . MAV E 4�N � f '_ � -> �' � '�� �II � -� W � . , �_ li. ,� �. . I�`� - �. ,� ' �I , ��. , �� I »•� � �.:.. .,,� �' , . � . . , • -rr �. i __ ��' � ! � � � j ': �; . , i , ,` : � � � �II � - ` � �I� i III • + ' p �� �1 t � ;al � , a • , r '.� . . , , , , .• i ��_ y � �' � '!� �"�i • hi ` � '� �. � f 1. � � / 6/19/2012 4-1-13 �/ ���i�: . � � , � . , ! ��r � �.: u Uniformed Draft Measure Ballot Test "That ends the draft ballot measure summar . Based on what ou Y Y know ri ht now, if the election were held toda , would ou vote es g Y Y Y to a rove or no to re'ect this draft ballot measure?" pp l , -_ � - .i � ���, � ������� � - - � 1 NO, R����t � t : i ;� t j r. '' � U�ndecid;� ' � � _ � � :_�_� �_ �t� ; _;;,: �. . �� 45�0 30�0 1��� `'._�► . �'`� � ' . � i ,x $ �� � � � ° ����°- - ; - - �- �: � ,. , , _y�-��_, � ih� � k fi� ,� ' � � �_ : : ��fi;_ �-: „ Uniformed Draft Measure Ballot Test With Intensi "That ends the draft ballot measure summar . Based on what ou Y Y know ri ht now, if the election were held toda , would ou vote es g Y Y Y to a rove or no to re'ect this draft ballot measure?" (With Intensit ) pp l Y - __ t___ , I - � � _ T.. -� , .._� � . � . = .__�. � � _ : _�. �- . _, � � � j- _������'_ _; .-� � , ; ---t _ - 0 � .�•, i __ . _ -' - � - � . �trn-n �1 � ; l�e� e c�r .._ � � �; �I �omew �t . . � : L 1�_.__�L�=L_3 __ .. _. 1 � _.. .__.. ��a_a ' !""'_��{t.lr:�s!:a ••, �•, t I �� ��� .r:_;�-: ..,, _ , � �,. - - . 1 , MAG E LLAN f i e A t � p 1 1{ - _ - - - -' _.. ._ � � : ? , I - . ---� ;�� ,., ; - - � i .. i-j __ -;-- , � � , I 1 I � I � � - - .., . �_-.... ,,.... ...._� .1. . . . � _ �� i .. �L_tI: 1.�. . � .- _ � _ " ' t-- _~:.:� '� ,�::i t �. r�..i.. ' ' � � , , -. . t � M• � l `� y : ., _ -.�� �, .�� fP- � _,. __. -- � . .. . �� T �-"_ � �_ , � � � � � �4. • , . � ; „ "In 2012, the Vail Town Council allocated approximately $2.4 million in funding and $300,000 in in-kind services to support qualified athletic, cultural and other special events and programs in Vail as well as operation related to those events. Examples of these events include" "The Teva Summer Mountain Games, The Bravo! Vail Valley Music Festival, King of the Mountain Volleyball, Spring Back to Vai1, Gourmet on Gore, Lionshead Saturday Family CLub, The Vail Film Festival, Vail Oktoberfest, Kick It 3v3 Soccer Tournament, Vail Farmers' Market � Art Show, The Vail International Dance Festival, the Rocky Mountain USSSA Softball Tournament." (Events were read in f our diff erent sets and rotated.) 6/19/2012 4-1-17 0 Vail 2012 Fundin Level and Event Example Inf ormation uestion "If approved, the draft ballot measure would create a larger, dedicated funding source for existing and new events and pro,grams. After hearing this information, are you more or less likely to support the draft ballot measure or daes it not make a difference in �,�i���?_'.'. . . , ., i - I �� � _�_ �-�.- . . , � � j � ; , ; ; - �� _ ,, : . .. * �.�.� �:...��,� �:� �:+ � ,��;�.:.� t� ._� ���( ,. ;- � , . :� .� � 7 (. .. � �_ , M��� L�il��l� � � �, � �. :_ : : � � ��`�� �1��1�i i�e , � ., � ����, ., . � � . � � . � . � I , f � , 3� s�`� } �':`.� � � f � +,„_ �. ._..� , ;' � � � Vail 2012 Fundin Level and Event Example Inf ormation uestion "If approved, the draft ballot measure would create a larger, dedicated funding source for existing and new events and programs. After hearing this information, are you more or l�ss likely to support the draft ballot measure or does it not make a difference in your decision?" (With Intensity) �� _�� __: .__� _. O .. �.� ��- , are Ll�Cel- � - � : � � .;. � ; L�s� Lik�l � Y � �•, .;-: . � - .-- : �; �l �c� .� �� .I_ ►; -� ; � � � . + �_ .;._ � _ � ►�_�_ _. ; � f � - � - ; � �omewhat , : .i.i._i - u._ --�z_a _._ .. _. a � _.. .__.. ��._�_�_r���•---�� ��:�r.ta. , MAG E LLAN f i e A t � p 1 1{ • ax ncrease n orma lon • ues lon "The draft ballot measure will increase two taxes. The first is a 1.5 0 lod in tax and the second is a 0.5 o sales g g � tax that exem ts rocer urchases. The two taxes are p g Yp ro'ected to enerate 4.5 million to fund athletic p l g � cultural and other s ecial events and ro rams in Vail � p p g and s Vail you u ort o erations and inf rastructure in the Town of pp p related to events. After hearin this information are g � more or less likel to su ort the draft ballot Y pp measure or does decision?" it not make a difference in our Y �� . L I �� 6/19/2012 4-1-21 ,•s �:_ � 1 . - �- -- . T�----- �- � y _ . � I . 1.� . _ , -_' - - � e : � Y i ! `•"'� ��+f �`����K � : — j �_ _ T: i � '`.� . a:ti r r'' j ti s.�r S:�'iF°T� n �, - ` � -, �r_ � r ;y, � -:: : I�_ � •�' �" ', i,�� �� ''•r � ~� ~ ' �II. � •��1�. ��'a1��`.�f�tsdl�J `��f- ��xTj{y 1 _i��? ' �_�_ � ' �-���� -. _ �r�;� S�ry���,wa g a''��,�F: �i sf%�' �,Ikl�� � '-F— � —, �`+ , s r j� � ;-�`._— - . —r.''� � t f��r' ',� ' i j �. � , _ , �, i N . i i . � � ����-. �,�� � ' • y td: ,�� G,` ,�._.l.t����il .. __� ,' ,�.•k ''j .i�r.t� �� ��i'.+ �,hil' t' 1��1 �LE � ' � - � , , � i t �� : , = c 1 �'`.4� 1 n, y ( � . !_� - . � - � � � � . . u � 1 �1 ' . . . � .. . � ' : - :� P'�i. f � � , i , �t- • r � '` ,� .C1`� tfi �� � , _ , . . ry .�_ . . � : . �.. +. , [. . I . ; - . , I f 4 ' 1 �i . s i .r � � I � . i. . �> fl��•.,. � , , . �. .. � � � i' . .._ , . t -r �' 1 �ST 7 ' - ' �� . . . . . � � ; I � � . _•.� 1!-�! -�r _ r . . , .�7rlilt' , - � . ' � : - � ' • - :�.i . -� . � »��i�� ,itl�l i s,�-. . -, .�'j `' �:�: ■• =' �' �x � ~� — e�u � � _ ��`�� � _ -�ar�- .,�. —� I=�.�,A � ,.. . . ��n r� �-��'°�-as.,_ _. . • • —wrnm,s s�wn-w� Tax Increase Information uestion "After hearing this information, are you more or less likely to support the draft ballot measure or does it not make a difference in your decision?" (With Intensity) � ,� � f� � �-- � f ;� � -., j : . �-. : � '_ - a- , - ;__��' _. � . . _� _ .1 0 ; _ _ ;v � �-r--;- �l�are Li�Cel ' � � . _' ' _ _ �_� ._ I .' - _ �- � �,..- _ , . 1-,-. -:, _ : . �� - � •-- �- , �; :� I � , , , _, � , , �T � ; L�s� Lik�l _. ,__ : ; y � . ; . f . _ � - ; � �omewhat , : L..a—a —•-=1=... _ � .i._i - u.u--'—�z.a _._ .. _. a � _.. .__.. �_. .���•---��at.l�:�rr�i:-- 30�0 . � MAG E LLAN � , f i e A t � p 1 1{ , • • • • ive ear 1me erlo n orma lon • ues lon "If a roved the two tax increases would last f or five pp � ears. Af ter five ears Vail voters would have the Y Y � 0 ortunit to voice their o inion to either a rove or pp Y p pp re'ect the tax in�reases. After hearin this information l g � are ou more or less likel to su ort the dra Y Y pp measure or does it not make a difference de�ision?" ft ballot in our Y Five Year Time Period Information uestion "After hearing this information, are you more or less likely to support the draft ballot measure or does it not make a difference in your decision?" .��.._. - ---}-;-'��-�;-�. i.,.�..., . , � � �/Iore L�i�Cel� � L+��s L��.�el�-' •1'• Five Year Time Period Information uestion "After hearing this information, are you more or less likely to support the draft ballot measure or does it not make a difference in your decision?" (With Intensity) . . . -- �-^ i _ _ ! � , _ -- � Q -- -- ��.� � � i ore �1Tcel � � :; � : :� ; .;. � �•, ��� . -,- - ; � � � L��° - -- _ �-- � � � � � . ; _ : - _ j--1_ . _ �" � � � _ - ; - �� ; : _ : _ - ; i : I . � - :-- ! ... . .. , Z�ss Lik�l -. Y 10°�� � , } _ r ; . _ , , . I _ � i I . . i : I ' , �� ' � � t t _ � i- i = I � _ ' , _ . � - -- . . - _ � � .t o , _ _ . , � f . _ � - ; � �omewhat , : _�_.i._i - u�u���z.a .._ . _. a � .,. ,,._.. _. .�-���._._��a�.l�:�rr� , MAG E LLAN f i e A t � p 1 1{ o er • • inlon o u or er an . . oln s o lew onen "Su orters of the draft ballot measure sa that a dedicated pp Y fundin source is needed for existin and new ualified g g q athletic, cultural and other s ecial events and ro rams and p p g to su ort o erations and inf rastructure in the Town of Vail pp p related to events that build and enhance Vail's sense of communit , attract destination uests and enerate economic Y g g rowth and vitalit . WHILE... g Y O onents of the draft ballot measure sa now is not the time pp Y for a 1.5�0 lod in tax and a 0.5�o sales tax increase because g g Vail taxes are hi h enou h and there are a sufficient number g g of s ecial events now. p Which statement comes closer to our oint of view?" Y p . :.._.__._. .__..._ . _ ._.� �.: --:._ : �, . ,._ _ ._.:. �__�.�._:_�a..._..._.�....,. _.._._.�.._�._... _...__.�._r_.......-------�—-�_._. _.._..� ..�.-� - --.._..� .da ._� --— ---- Voter Opinion of Su ; orter and O onent Points of View "Which statement comes closer to our oint of view?" Y p , , _ . l , _-_4----� .; -.:'-��;-'�__. l�ow is 1'�ot �1�� �Ti,:�,� fi� _ . . . ._.__ ., _ - . �__- _- : t . _. : . � . :�. -:� � : � .,: ;j ,�� �_ ,; , , _ _ � � � _._ ;- . � �--.__�--�t- ;_ � _�-�_-----�k � --, •- • -1 -T�. !' . . _ 1 � � � i .. .-r � i: - �� . _: i ;----- � • -" I �# ; ' <_� _j �.. ;--f �� � _1 i= � �. ' i` '•' � � '� � ► -��--•+ : �� , - - ,. , _ ._ , I-. .. � . ; 1 .�� i i � I , . � . - • : , , � A Dedi�at�� �ix��i�.�;, �t�u�+�e is eedec�. � � :_. . � � - � _. � .�•, �. � �.�� , ' ���� 3Q�o 15�� , A . ._; , � ✓�3;�`. �����' f, y "-t I. _` _� - , I � ���. _ - � , .._. ,. � f '_ � ��� -> �' � '�� �I � _ .,'{�■ . 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With Intensit Y � " � . � ��- �_ � i , �r 1—'--� ... `-_ , - . � �{�� i __ . _ -' - � - � �trn-n �1 � ; 1����CT .._ � � �; �I �omew �t . . � : L 1� _.__�L�=L_3 __ .. _. 1 � _ .. .__ .. ��a_ i_is . � ! "_'_ ��r:lr!ta ��•, 45�0 :1', _��Qj � ._i_ t : �.... . r -• _ . � . - — -- i ,-- � • �J�� . -w.:l�� . _ . / , MAG E LLAN f i e A t � p 1 1{ Informed Draft Measure Ballot Test "Now that you have heard some information about the draft ballot measure, if the election were held today would you vote YES to approve or NO to rej ect the draft ballot measure?" (Res ondents contacted b Bravo!) p Y ,� ���, �r� ���� � } ; � .i �� . .� . l�T�, l�T�t C�n �List O�o i- .�.i; - � �es, 25,�0 . . ..:- : � __i_ 1 1 50 0 75% 1 QO% % :-�--�- o, 1 �_�.� - �F t`�'.`:� � T ;. I - , � , , �� . ;--r--.--.___,� : �._�_ . -�:-,. .: . - - - � .e�ect � �� � f '_ � -> �' � '�� �II � -� W � . , �_ li. ,� �. . I�`� - �. ,� ' �I , ��. , �� I »•� � �.:.. .,,� �' , . � . . , • -rr �. i __ ��' � ! � � � j ': �; . , i , ,` : � � � �II � - ` � �I� i III • + ' p �� �1 t � ;al � , a • , r '.� . . , , , , .• i ��_ y � �' � '!� �"�i • hi ` � '� �. � f 1. � � 6/19/2012 4-1-32 � 1 � � / • r , • . ��'���ar.L..,.a � �' . .. � .�•a. �. �' 1� !����+., �. �J � .".��') �Yl, � r. � � �-T - 1 _` _ _ . _� - • " .1r , � . �r �, '�Y � a. ...... �" ' -,' � ,� �- - - - - t 6/19/2012 4-1-33 � Lvrelei Donaldson From: ❑awes WiEson �daweswilsan@hotmail.cam� Sent: Thursday, June 14, 2012 12:�5 PM 7v: Council Qist List Suhject: Pus}� survey an speciai events fundraising My name is Dawes Wilsan. A familiar name ta many of you. I re�ently gat a phone call asking me ta participate in a survey. I asked, as I always do, who was spon5oring it. If they won't tell me, I hang up. I was told Vai� 7own Council was the spas�sar, so f agreed ta answer. I am sorry I did becaus� it turned out to be a"push survey", an attempt tfl influen�e one's opinian disguised as opinion assessment. it concerned tax increases to fund speeial e�ents in the town of Vail. If Vaii Town Council didn't spansor this push survey you shauld knaw that someone is misrepresenting yau. If you dsd then sharne on you. That is not ar� hvnorable way ta treat your canstituents. Thanks, Oawes Wiison 6it9iao�z 4-2-1 TQ�I+'�f �f 4��1� � VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: June 19, 2012 ITEM/TOPIC: Comcast Field Operations Audit Update PRESENTER(S): Ron Braden/Matt Mire/Mike Trueblood,Comcast Representative ACTION REQUESTED OF COUNCIL: Listen to presentation and provide direction to staff. BACKGROUND: Pursuant to Resolution Number 18, Series 2011, The Town of Vail (the "Town") and Comcast and are parties to a certain Compliance Agreement (the "Agreement") dated September , 2011. The Agreement was entered into between the parties after a report was issued by a Town consultant, Jonathan Kramer, which documenting alleged violations of the National Electric Code. The Agreement requires Comcast to identify and correct all issues found during Comcast's inspection of the cable system on or before December 31, 2011. The Agreement further requires that Comcast comply with a re-inspection of the system to ensure compliance with the Agreement. This re-inspection has now been completed staff and Comcast are prepared to report to Council regarding the resu�ts. One compliance has been ensured the Council will then begin discussions regarding a new franchise agreement with Comcast at a future regular meeting. ATTACHMENTS: Comcast Update 061812 Resolution No. 18 and Compliance Agreement 6n 9i2o i 2 �omcast� Attached is ara update of Comcast �ield operatians in the Vail valley. �ield Operations: Comcast CabPe December 2010: Fiber link connecting Eagle ar�d Summit County to Denver CQmcast faci9ities via CDOT right o# way on I-7Cl activated. This canr�ecti�ity enal�led th� activation in t'�e Vail are� of servic�s and products available in the greate�r Denver ar�a. December 2011: completed first phase of "World of N1ore" digitai upgrade. This transitioned the ExpandQd Basic Trer of Channels from analog to digital signal transmession enabling the additican af additit�nal videa cont�nt a�� increased speed and features for Comeast High Speed Data. April 2012: complet�d 5ecqnd phase of "1Norld of More" digital upgrade. This transitianed the Limit�d Basic Tiee of C�a�nels from analog to digital signa! transmi5sion. Whife there will continue t� �ie enhaneements and other upgrades in the future, this is the last phase that wtll rriaterially impact custc�mer equipment. oViarci�- April 2D12: Cc�mcast networic and technica! teams began process to ider�tify areas for plant re�airs and refurbishm�nt #ollowing winter season, Corr�east crews anc� contractors perform plant repair and refurbishment throug#�out this tim� period. Also as construct+4n rnor�t�riums and weather conditions permit, crews begin ta bury cable draps that accumulated over the wintcr. May 2Q12; Comcast Teehnical Operations Manag�r Jim Comiskey and Technical Supervisor David Gibbs accompany Town of Vail IT pirector Ron Braden on ride out of Town of Vaif to review conditian of facilities and status of ider�tified repairs fallowing winter sea5on. P'roduct Launches. April 2p1�: La�unched Extreme High Speed Internet tiers of 50Mbps and 105Mbps. Sept/act 2011; Launched Comcast Digital Voice for both R�sidential and Commereial customers, providing a full line of advanced phane services and features. December 201�: Laur�ched o�rer 75 linear High Definition Channels in Vail Ar�a as part of "World of More" digital upgrade. Fcbruary 2012: Xfinity Strearnpix'"' is a new subsersption videa service, launched in February 2012, that enables Xfinity video customers ta instar�tly vie+,v numerous complete past seasons af hit TV shows, top-quality movi�s and kids programming on mubtiple scre�ns and devic�s 6/19/2012 5-1-1 �omcast� Conlcast Cable including TVs, comp�uters and mabile dev4�es. This new service complements the 75,000 TV show� and mo�i�s currently available to Xfinity TV customers through Xfinity On Deinand, Xfini#yTV.com and �the Xfinity TV app. April 2012: �Idded additiona! co�tent and capatity ta Video on Demand {VOD} service with transition to nationally �ased V�D servers in Varl and Mauntain areas. On Demand now offers more thar� 3p,00D entertainmerat ehoiees fran� all the ma�ar �roacicast networks (ABC, CBS, FOX and NBC}, cabPe channels, premiurra providers, rnajor studios, indie filmmakers and others. Qngoing 2012: Continued enha�cement of Xfinity TV.cam. XfinityTV.com allows customers to access rr�ore than 200,OOn entertainment cho�ces from �heir computer; �.�Mfu'I unique Comcast custamers visit XfinityTV.cvm a rnonth (5�% watch videos; 30% af users are �sing the site tv tune channels, search far TV and On Derr�and listings and DVR mar�agement) Ongoing 2012: Xfinity TV app. Xfir�ity TV app is a TV guide and a mobile video player all in c�ne. Custom�rs using Apple i05 and Android'""-pow�red devices can search and instantly find what to watch among thousands of chcaiees arrd then change the TV channel in real time right frorr� their mobile device. There are B,D�Q haurs of TV programs and movies availa�le for customers to stream directly. These apps include; + Xfinity TV app — a TV guid@ and mobile videa player all in one • Xfinrty TV Sport� Remate a�p -- giues sports fans control over haw th�y watch sports + Xfinity Mobile app -- provicfes aceess to eornrriunication5 like email, vaitemail and more • Xfinity I�vrrAe app — pravides home security, control and energy management May �012: -Mile High �.egion Launch of Comcas�/Verizon Wireless Partr��rship providing customers more mobile options and com�ine video, phone, int�rnet and wireless services. -Comcast and Skype annaunced a strategic partnership that will enable Comcast customers to communicat� with family and frFends t�rough HD videa calling on their TV. Using the Skyp� software, a video camera, a set-top box and a special remote eontrol, Comcast customers will be able to make and recei�e video or aa�dio calls and text messages June 2Q12: sch�c�uled launch date of Xfinity Home praduet in M�untain areas. Xfinity Home is a braadband-based home security and autornation system that combines traditional horne- security components, as well as state of the art home managerner�t features, eoupled wi�h a sophisti�ated pCatform that infi�grates C�mcast's products and services. Xfinity Ham� integrates 6/19/2012 5-1-2 �camcast� Comcast Cable with other Comcast �raducts and existing ser�ices and enables custamers ta access their home seeurity and au�omation systerr� at home through the touch screen con5ole, away from horr�e thraugh a Web-based portal ar on th� go through an Internet-connected device fike a s�artphone or throug� the i�hone° app. 2011f 2012: Comcast continues to engagc the camra�ur�ity through partnerships and delivering technica� products and services� Comcast partnered with Vail Valley �oundation during th� annual Comcast Cares Day, sponsors the Eagle River Ride, �nd provided technical support of the Teva Mountain Garnes and USA Pro Cycling Ghalleng� whiCh have benefited the focal cammunity and businesses here in the Valley. Investments & Im�aravements: 2011j2012 YTD (Total) Infrastructure assessment and improveme�t-related work as of 5/25/2012: From 2011 tl�rough 2(}12 the Comcast technical team performed a comprehensiue assessment to improve our infrastructure, and physically revie+nred all 53.0� miles of plant, and inspected over 327 active elements withi� the Vail francMised foatprint. Th� work associa�ed with this compreh�nsive assessmertt resulted in the exp�nditure of significant internal resources; includin� 1,176 labor hrours in 2011, and 32� �abor hours to date in 2p12. AdditionaC expenses associated with the �udit incfude �xternaf labar and materials totaling $318,607, A detail of various aspe�cts is below. Aspect Acidressed 2011 2012 Krarner Firm Audit 1�0/Q Complete Nc� Change Findings Canstruction Jobs 645 entries, 623 completed, 22 87 new entries, 15 campleted, 109 carried forward pending Drop Buries 245 campleted, 18 carried forward 140 campketed, 38 p�nding Residential Bonding 241 carnpleted 112 completed P�dcstal Replacement 90 replaced 10 repiaced MDU 55 properties addressed 5 properties addressed, 1 in p�ogress Bonding/Grounding MDII Rewire 17 properties, 1,321 outlets The 5 properties wi�h 176 units comp�eted. carr�ple#ed. 11 properties, approximately , 5 prop�rties, 176 uni#s pending .�72 units are pending release. FCC CLI Fly Over (3�d 08/02/11 - system passed with a Annual Fly Over scheduled for June 2fl12 Party V�erificationj score of 100%, Node Replacement Four new nodes along with the Will replace additional nades as warranted associated optical equipment 6/19/2012 5-1-3 � � - RESOLUTION N0.18 Series of 2011 A RESOLUTION APPROVING A COMPLIANCE AGREEMENT BETWEEN THE TOWN OF VAIL AND COMCAST OF COLORADO VI, LLC; AND SE7TING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail (the "Town"), in the Counry 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 "Charte�'); WHEREAS, the members of the Town Council of the Town (the °Council") have been duly elected and qualified; WHEREAS, Comcast of Colorado VI, LLC ("Comcast") provides cable television service within the Town under a franchise agreement that expired on January 5, 2011 (the "Franchise AgreemenY'); WHEREAS, the Franchise Agreement remains in full force and effect and is extended on a month-to-month . basis pursuant to Section 626 of the 1984 Cable Communications Policy Act; WHEREAS, on October 19, 2010, the Council directed staff to hire a third party to inspect and audit the cable television system, and. the associated report, found between 1500 and 2500 technical violations of the current Franchise Agreement; WHEREAS, on January 13, 2011 the Town provided Comcast a copy of the audit; and WHEREAS, the Town and Comcast wish to enter into a Compliance Agreement (the "AgreemenY) to outline the terms under which Comcast will remedy the violations identified in the audit. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby_approves and authorizes the Town Manager to enter into the Agreement with Comcast in the same form as attached hereto as Exhibit A. Section 2. This Resolution shall take effect immediately upon its passage. IN'fRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 20�' day of September, 2011. / Richard Cleveland Town Mayor ATTE8T: 11 � — son, Resolution No. 18, Series 2011 6/19/2012 5-2-1 ' A� . � :S � � CC}MPLIANCE AGREEMENT THIS COMPL����CE AGREEMENT {the "Agreement") is made and entered into this � r� day of jCf �- , 2011, by and between Comcast af Colorado VI LLC, a limited liabi�ity cotnp�any with an address of ht,rY� �.'�1 y� �.�.roa✓ ("Camcast"), and the Town af Vail, Colorado, a Ct�lorado home rule municipality with an address of 75 South Frontage Road, Vail, C4 81657 {the "Town") (each individually a"Party" and collectively the "Parties"), WHEREAS, Comcast operates a cable system praviding cable television service within the Town (the "Cable System") under a franchise agreement that expired an JanuarY 5, 2011 {the "Franchise Agreement°); WHEREAS, the Franchise Agreement remains in full force and effect and is extended on a month-ta-month basis pursuant to Section 626 of the 19$4 Cable Cornrnunicatians Policy Act {the "Cable Act"), and, where applicable, the Vail Town Code; Vf�-iEREAS, the National Electrical Code, as adogted by the Tawn, sets out certain standards for the graunding of installations in the Cable System; WHEREAS, in Navember 2010, the Town hired the Kramer.Firm, Inc. ta inspect and audit the Cable System, and the associated repart {the "iframer Report"}, releasecE in January 201 l, dacurnented 75 violations of the National Electrical Code (the "NEC"); 1��13EREAS, on JanUary 13, 2011, the Town provided Comcast with a copy af the If ramer Repork; WHEREAS, on January 18, 2011, a Comcast representative agpeared at a public meeting before the Tawn Council and a.nnounced that Cc�mcast had already begun addressing a1l NEC violations identified in the K.ramer Report, including such issues as drap bury completion, FED replacement, dre�p bonding, and mu�ti-dwel�ing unit lock box replacement Qr securing; Vi�]=iEREAS, representatives from Comcast at bvth the January 18, 2011 public rneeting and in subsequent meetings and carrespondence with representatives fr�m the Town corr�mitted to cc�rrecting all 75 NEC violations identified in the Kramer Report, and Ct�mcast has regresented that neazly all 75 NEC vialarions were in fact corrected by February l, 2t}11 where such �orrective a�tion was not impeded by either Town-imposed rnoratoria ar weather or snow conditions; �THEREAS, alsv vn January 18, 2011, the Town Council requested a letter af credit fro�n Comcast in the amount of ane hundred thausand dollars {$100,004}; WHE;REAS, pursuant to Section 8-5-18 c�f the Vail Tawn Cc�de, the Town Council can request a letter of credit fram Comcast in the amount 4f fifly thousand dollars (�SO,fltl(}}; WHEREAS, an Febn�ary 2, 2011, +Comcast filed a letter of credit with the Town in the amaunt c�f fifty thausand dollars ($54,{}00) i� compliance with Sectian 8-5-18 af the Vail Town Ccrde, and partial cornpliance with the Town Council's request (the "'Letter c�f Credit"'); 6n 9i2o i 2 s-2-a t" " WHEREAS, Comcast contests whether the issues identified in the Kramer Report can be chazacterized as uncured violations of "material" obligations of the Vail Town Code for purposes of Section 8-5-19 of the Vail Town Code, and contests whether such issues would qualify as a "material violation" of the Franchise Agreement pursuant to Section 2.9 of the Franchise Agreement; WHEREAS, Comcast has either already corrected neazly all or is diligently proceeding to fully remedy all 75 NEC violations identified in the Kramer Report, and has commenced a program to audit its outside plant and affirmatively identify and correct issues of actual and potential noncompliance over the course of 2011; and WHEREAS, in lieu of hearings concerning breach and liquidated damages, Comcast and the Town wish to enter into this Agreement to outline the terms under which Comcast will remedy the NEC violations identified in the Kramer Report and maintain the Cable System in full compliance with the NEC and applicable law. NOW, THEREFORE, based upon the foregoing recitals and the consideration set forth herein, the amount and sufficiency of which is hereby acknowledged, the Pazties agree as follows: 1. Extension and Informal NeQOtiations of Franchise Renewal. Comcast is currently providing cable television service to the Town pursuant to the Franchise Agreement, which expired on January 5, 2011 and is extended on a month-to-month basis pursuant to Section 626 of the Cable Act. Comcast and the Town agree that the Franchise Agreement shall be extended through December 31, 2011 to allow the Parties time to continue negotiating in good faith a cable franchise agreement renewal pursuant to the informal renewal procedures of the Cable Act. 2. Comcast's Obli atQ ions. Comcast shall: a. Correct all 75 NEC violations noted in the Kramer Report on or before December 31, 2011; b. Complete a complete inspection of the Cable System facilities in the public rights-of-way within the Town on or before December 31, 2011; c. Make its best efforts to inspect and repair drops in single-family homes at every opportunity where a Comcast technician or contractor is present at a home in the ordinary course of business and allowed lawful access to such home or property; d. Throughout the remainder of 2011, or some longer period as the Town and Comcast may mutually agree, provide the Town with periodic and detailed progress reports of the Cable System inspection at intervals of not less than once per calendaz month, including the azeas inspected, the issues discovered and the steps being taken to resolve those issues; e. Consistent with subsections a— d above, identify and correct all issues found during Comcast's inspection of the Cable System on or before December 31, 2011; and 2 6n 9i2o i 2 5-2-3 t f � � f. Comply with a re-inspection by the Town to ensure Comcast's compliance with this Agreement, with the re-ins-pection to occur in the first half c�f 2012 when the weather permits. Comcast and the Tflwn will cooperate in gt�od faith an this re- inspeetion and selection of correspondin� methodolagy and audit proeess and personnel or cansultants to be used for such re-inspection. For purpvses of this subsectian, the Town acknowledges that external factors such as weather and ground rnovement can impact the Cab1e Systern at any time, and trespass and privacy concerns with respect to single-farnily residences can impact Comcast's abi]ity to inspect and repair dmps a# such residences, and that there is never a"perfect sct�re" with respect tv cable plant canditic�n. Sc� Igng as Carncast documents its repair and maintenance activities, provides xnonth]y updates to the Town pursuant ta Section 2{d} of this Agreement, and makes its plant and personnel available far re-inspection so that the inspe�tt�r can confirrn the accuracy af Comcast's updates, Comcast shall not be found in violation of this subsection. 3. Pavrnent. Within thirty {3tl) days of t�e effective date c�f this Agreement, Camc�ast agrees ta pay to the Tavm the sum af twenty-five thousand dollars and no cents ($25,OOQ}. Comcast agrees that it shall not offset or deduct from past, present, t�r fitture franchise fe� payrnents awed the Toum or pass through as a separate line item on subscriber bills the $25,OOQ payment provided for in this Secfion. This amount is understoc�d and agreed tt> represent a campromise of disputed ciaims and shali not be construed as an admission of any liability. 4. Release. The Town, upot� receipt of payment af the �25,000, shall re�ease and discl�arge Comcast frc�m any and all claims, actions and demands regazding the t�EC violarions and asso�iated costs and expenses, including attorney and consultants fees, relating to or arising from the I�.ramer Regart, Such re�ease shall t� self-executing. Such payrnent and release sha11 not relieve Camcast of its abligations to repair and correct its facilities pursuant to the sahedule set fflrth in this Agreement. 5. Liquidated Damat�es. Should Camcast fail to (a) conect the ?5 NE� violatians noteci i� the Kramer Rept�rt as pravided in Section 2.a, {bj inspect and repair facilities in the public rights-Qf-way as provided in Section 2.b; (c) make its best efforts to inspect and repair drops in single-faznily home� as provided in �ecti€�n 2 in its ordinary course of business; (d} provide the Tawn with periodic progress repc�rts as provided in Section 2.d; or {e} fail to pay the Town the $25,004 pravided for in Section 3, then the Town is authorized to commence procedures ta imgase liquidated damages, as follaws: the Town shall first notify Cc�mcast of the alleged violation in writing, and demand correction within a reasanable time, which shall not be less than ten {10} business days. If Comcast fails to eonect the violation within the time prescribed or if Comcast fails to cammence corrective action within the time prescribed and diligently remedy such vigla�ion thereafter, the Tawn may irnpase liqizidated damages, assessable frt�m the Letter of Credit provided for in Sectian 6, c�f two hundred dvllars ($200} per day. If the Town imposes the liquidated damages fc�r 90 days or more, then Comcast shall have the right to a public hearing before the Town Cauncil to contest the imposition of the liquidated daznages far any aciditional days beyond 90 days, at which hearing Cotncast shall have the right to present evidence on its behalf. Nathing in this Section shall constitute a waiver of Comcast's right to challenge any assessment of liquidated damage$ under applicable law. 6n 9i2o i 2 5-2-4 6. Letter of Credit. Comcast shall maintain the Letter of Credit at fifty thousand dollars ($50,000) throughout the term of this Agreement, unless such requirement is superseded pursuant to a renewed Franchise Agreement. Should the Letter of Credit be depleted due to withdrawals by the Town pursuant to Section 5 hereof, Comcast shall replenish the Letter of Credit within seven (7) days of written notice by the Town. 7. GoverninQ Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. 8. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. 9. Intearation. This Agreement constitutes the entire agreement between the Parties on matters relating to the 75 NEC violations identified in the Kramer Report, superseding all prior oral or written communications relevant to the Kramer Report. 10. Third Parties. There are no intended third-party beneficiaries to this Agreement. 11. Notice. Any notice under this Agreement shall be in writing, and shall be deemed suf�cient when directly presented or sent pre-paid, first class United States Mail to the Party at the address set forth on the first page of this Agreement. 12. Severabilitv. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. 13. Modification. This Agreement may only be modified upon written agreement of the Parties. 14. Assign�. Neither this Agreement nor any of the rights or obligations of the Parties hereto, shall be assigned by either Party without the written consent of the other. 15. Governmental Unmunitv. The Town, its officers, and its 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 the Town and its officers or employees. 16. Ri�hts and Remedies. The rights and remedies of the Town 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 the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. 4 6n 9i2o i 2 5-2-5 i � u 17, Counter��rts. 1'his Agreement may be executed in one or more counterparts, each of which sha]t be deemed an original, but all of wtuch together shall constitute one and the same inst��ument, IN WITNESS WHEREOF, the Parties have executed this Agreement on the date frst set forth above. TOWN {7F VAIL, CC}LC}RADC} � Dick Clevel�nd, Mayor ; A . � i � ; rel ' Donaldson, Town Clerk .�.! �► • ,►• � . . VI LLC ����!'�� i .i'��l�w� . { , �� � . •��f• � � �� � !� f' The foregoing instrument was subscribed, sworn to and acknowledged before me this � day of �}CIV�,Y�`t� , 2011, hy �( as '��1�-1������!����"" af Corncast of Colorado VI LLC. My cammission expires (S E A L) t,a,,tu�i�n,ar,,,�� ``�ti.k� ��+�a M C,`4C�'�fi,f � � �� �� ,.........,, � : '� � �cirf�I� j.. ''` w � cn�': '°UB{.1G = �y — � r Fj.� �..,. . � �� '� ,,•. �'",o ....,..••' �i,�"`��\R�+3 �r{j�t�Fff�� ��y��� 4`�� � �`a � fi/19/2� 12 5-2-6 LL, � ,.�#i �� . #� � + � i JFMargaa C6as� Ban14 N.A. Globel Trade 5dvices 131 South Dearborn, Sth Flow Mail Code: IG1-0236 Chicago. IL 6Q603-5546 �0 � i TOWN OF VAZi� � ATTN : TQ4Pl�1 MANAGER s � � s . FRt?NTA�E RCiAD ; iirA2l., CO 8165? � i • OCT �4, 2011 OtiR LjC NO. : TI'TS-880464 . Y� 4�� V� �■ 4 � • t + . . ! I • i # ` • � � : i � t � ^ . . � IN ACCORDANCE WITH IN.STRUCTIONS RECEIVEDr TFIE ASOVE REFERENCED STANDBY LETTER QF CRED=T HA5 BEEN AD4EEND�} AS FOLLOWS : RECEIVER' S REE'��i'�LNCE : i • • �' *�' DECEMSER 31, 2012 THE AOTt1MATIC EXTENSIt}N PRUV�S�t?N C�F TFIIS CI�tED2T IS DELER'ED . THE EXTENSION 4F THIS LE'r�'EIt OF CREDST A5 INDICATED ASOVE REPRESEN'rS AN EXTENSIC3�1 C?F THE FINAL EXF2RATION DATE OF THIS LE'r'TER OF CREDIT. ANX AND ALI� SUBa�EQUENT E3C�'ENSIONS HIEREOF �PILL BE MADE AT C}UPt SOLE DI�CRETION AND EVIDENCEF} VIA 4UR iJSLTAL AI�TD CU�'T+O�lARY FORM OF AL+�NDt�NT . � • .1' : Y : w : �IE # �Ilt 11 � �,��i]i�� : i ; v :. �R�ili����:�t����� tbl 145 Artlis Rivtca 6/19/2012 5-2-7 � � # " ' � • • _ . �-►� I �� ��� � Page i af t JPMorganChase � JPMor�n Cl�se Bank, N.A, Crlobe! Track Smices 13l Soush Deacban. Sth Floar itSail Cadr. IL!-02."i6 Chicago, IL 606f�3-5506 T�. TOWN tJF VAIL ATTN : I+lATTHEW MIRE, TOWN ATR'QRNEY ? 5 S . F12t32wITAGE RQAD v�z, co s�.��� JAN 4, 2012 4TJR I.jC IdO.: TF"1'3-908461 . Y� _i.l� 4� 4M ♦ � � i 4 # ' � � • !+ : � :i�� . . :� �' i • • f :i i{ � E' i i C 51 � ! i'� # ! RECE=VER�S REEER�NCE; f;��t, • ; M�• •- , ,s E�� .�i FEBRUARY 1, 2013 � � - :�- . t • • • � � � . z�a�o6 uw� ies� fi/19/2� 12 5-2-8 AZJTH4RIZED SZG�NATURE RALP"N T� DAV15 A8SlSTANT�CE PR�SIDENT 0 Page i of i TQ�I+'�f �f 4��1� � VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: June 19, 2012 ITEM/TOPIC: Reallocation of Commission on Special Events(CSE) Event Funds for Late Year 2012 PRESENTER(S): Sybill Navas, Special Events Coordinator ACTION REQUESTED OF COUNCIL: CSE is requesting that Council review the recommendation for reallocation of funds for late year 2012, ask questions and provide direction. BACKGROUND: On June 6, the CSE reviewed the 12 responses to the RFP that was issued in order to reallocate the funds that have been returned to the budget due to cancellation of Mojo Man. The CSE evaluated each application according to the criteria developed jointly in cooperation with the Vail Local Marketing District Advisory Council. Total funds available are $85,000. STAFF RECOMMENDATION: CSE recommends that Council approve the reallocation of funds as outlined in the attached memo. ATTACHMENTS: CSE Late Year Alocation 6n 9i2o t 2 taWl� Ul� VA��' Gammission an SpecEe! E►rents MEMORANDUM: TO: Vail Town Council FROM: Commission on Special Events DATE: June 19, 2012 RE: REALLOCATION OF CSE EVENT FUNDS FOR LATE YEAR 2012 On June 6, the CSE reviewed the 12 responses to the RFP that was issued in order to reallocate the funds that have been returned to the budget due to the cancellation of Mojo Man. The CSE evaluated each application according to the criteria developed jointly in cooperation with the VLMDAC. Total funds available are $85,000. Vail America Days: Human Movement Management for "fire-proof' fireworks on the 4t" of July. These close proximity fireworks leave no combustible residue so will be subject to a potential fire hazard cancellation order. Although smaller in scale, they are more intense in color, and can be viewed from within 35 feet of the igniting site. They will be shot from the west end of the Vail Village Parking Structure and can best be viewed from areas along Meadow Drive. $15,000 Tour of Vail and USA CRITS Cycling: Friday-Sunday, September 28-30 Per the application, the funding will go towards adding a Time Trial on the Friday before the event, which will be held on the on the historic Vail Pass route. $15,000 Season of Song: Thursday-Sunday, September 20-23 This conference of song writers and their "artists", scheduled for September 20-23, will bring thousands of renowned musicians to Vail in a musical celebration that will include evening concerts in multiple venues that will be open to the general public. $10,000 US Ski Team Event: Thursday, November 15 The funding for this event will support a"Community Race" on Golden Peak, and will provide participants an opportunity to benefit from interactions with the US Ski Team members. Free rides, introducing the new Gondola 1 will be part of the exciting kick-off to Vail's 50th ski season. $10,000 Living at Your Peak: Thursday-Saturday, September 13-15 This funding is specifically designated to support a free headliner concert opening for the event which will be held in an outdoor format, either the Gerald R. Ford Amphitheater or in one of the traditional Vail Village concert venues. $10,000 Vail Rocks!: Friday and Saturday, July 13-14 This level of funding puts the Town of Vail in the role of co-title sponsor and guarantees the name change from "Colorado Rocks!" to "Vail Rocks!" thereby solidifying Vail as "America's Mountain," in the company of "Everest Rocks!" and "Kilimanjaro Rocks!" The Love Hope Strength Foundation's series of events in association with the School of Rock link rock `n roll concerts and hiking mountains with saving lives through registering potential bone marrow transplant donors and "saving lives, one concert at a time." $25,000 6il9iaoiz 6-i-i I I Name of Event Producer Dates Tour of Vail Anthem Sports I Sept. 28-30 Season of Song Morris Lawrence Sept. 20-23 Thursday, US Ski Team Announcement Highline Sports November 15I Vail Valley Challenge Cup Soccer Vail Valley Soccer Club Oct. 6-7 Living at Your Peak Vail Symposium Sept. 15-16 Oktoberfest Highline Sports Sept. 7-9 & Vail Rocks!�Colorado Rocks!) Love,Strength, Hope I July 13-14 Gourmet on Gore Highline Sports Sept. 1-3 Bravo! Vail Valley Thur or Fri, July 12 Bravo! MOM Music Music Festival or 13 Taste of Vail: Fall Taste of Vail October 5-6 Jun 21-Sept 14: 2X'' Caricature Artist Ken Carpenter per week for 3 hours/day _ _.. Restaurant Community Vail Restaurants Next 2 years TOTAL$ CSE- 2012 Late Year Funding Allocations Additional Funding � CSE Grid Late Year Funds Previously Allocated 2012 Funding Source: Requested: Score: Allocated: Total Public Funding: $52,500 $25,SOOI�I Broken down as: $35,000 from VLMD Iconic Fund and up to $17,500 for Hard VLMD i 483 $15,000 Cost/In-Kind reimbursement from VVP Group Sales $75,OOOliI Up to $15,300 Hard Cost/In-Kind reimbursement from VVP Group Sales I VLMD: Group 480 $10,000 Sales $20,OOOi None I 455 $10,000 $2,OOOI, $2,000 CSE 448 $0 $20,OOOI�I $25,000 /Town Council and $10,000/VLMD TOV Council 424 $10,000 VLMD S�,sooll Sso,000 CSE 409 So $30,000' Up to $12,000 Hard Cost/In-Kind reimbursement from VVP Group Sales VLMD: Group q08 $25,000 Sales io,000l, Sss,000 CSE 405 $0 $5,000', Total TOV funds: $192,500 (MOM Program funding: $2250) TOV Council 371 $0 $30,000' None ($20,000 for Lamb Cookoff- Winter event) CSE 320 $0 $4,SSOI,I None 218 $0 $60,OOOI None 118 $0 fi/19/2� 12 6-1-2 Total Allocated: ra�� a�v►�r�- comm�ssinn on Spacial E�ents EVENT NAME: DATES: New Event Attachment A: SPECIAL EVENT RATING GRID $$$ AMT. REQUESTED: Existing Event , if yes, # of years The event is: (check all that apply) Destination Participatory Ambient Community CRITERIA: RATING (1-10) Does the event have the potential to: Increase room nights (Score this item from 1- 20) Benefit local restaurants Stimulate Retail Sales Contribute to Vail's sense of community Promote Visitor Intent to Return Leveraging Value: How great is the potential to attract sponsorships and media exposure, thereby increasing the impact of the CSE funds? "Vail Brand" Compatibility: How well does it align with the VLMD's Marketing Strategy and meet the standards of the "Vail Brand?" Growth Potential: How big can it become? Will it be annual? Timing: How well does it contribute to a balanced annual calendar of events? Producer Qualifications: Do they have the ability to produce an event compatible with the image of Vail as a"world class" resort? TOTAL SCORE: CSE Member Initials: $ Amount of funding suggested: ATTACHMENT A: Criteria for allocation of special event funds Revised July 7, 2011 6n 9i2o 12 6-1-3 TQ�I+'�f �f 4��1� � VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: June 19, 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 Vll, Vail Village Sub-Areas, East Gore Creek Sub-Area (#6), Vail Village Master Plan, pursuant to Chapter Vlll, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. (PEC110040, PEC110041) PRESENTER(S): Bill Gibson, Community Development Department ACTION REQUESTED OF COUNCIL: The Community Development Department requests the Vail Town Council grants a continuance of Resolution No. 7, Series of 2012, and the second reading of Ordinance No. 2, Series of 2012, to its July 3, 2012, public hearing to allow the applicant additional time to gather information for the Council's review. 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). On May 1, 2012, the Vail Town Council approved the first reading of Ordinance No. 2, Series of 2012, by a vote of 6-0-1 (Foley opposed), with the modifications that Section 12-6J-9 allows not more than one hundred twenty five square feet of GRFA for each one hundred square feet of total site area (i.e. 1.25 GRFA ratio). The Vail Town Council tabled Resolution No. 7, Series of 2012, to correspond to the second reading of the ordinance. On May 15, 2012, the Vail Town Council tabled Resolution No. 7, Series of 2012, and the second reading of Ordinance No. 2, Series of 2012, to its June 19, 2012, public hearing. STAFF RECOMMENDATION: The Community Development Department recommends the Vail Town Council grants a continuance of Resolution No. 7, Series of 2012, and the second reading of Ordinance No. 2, Series of 2012, to its July 3, 2012, public hearing. 6n 9i2o i 2 C JOHN A. PRITZKER PIER 5, THE EMBARCADERO SAN FRANCISCO� CALIFORNIA 94111 TELEPHONE: 41 S.B94.5 B 11 FAX: 415.694.5812 E-MAIL: JPQ6EOLO.COM Dear Town Council: June 13, 2012 Since 1969 I and members of my family have been an owner within the Vail Town House Condominium located on Gore Creek Drive. I have been aware of the proposal to create a new Townhouse Zone District but was alarmed to learn in the last few weeks that the Town Council was considering reducing the floor area ratio to a degree that it would reduce the potential floor area within our complex. I understood that the design changes were going to reduce the overall height allowed and provide some meaningful relief in the building facade along the street. I agreed that these standazds would impact our development envelope but that it would help protect the village character we a111ove. But I don't understand the motivation to actually reduce anyone's floor area potential in the process. The Town has been progressive allowing redevelopment projects with significant increases in floor area yet now find it necessary to disallow a few hundred square feet in cases such as ours. I write to encourage you to remain respectful of these older properties and allow residents the opportunity to redevelop in a meaningful way. Please do not downzone anyone's property and therefore adopt at least a 1.5 floor area ratio or other combination of formulas to achieve the same goal. cc: Gigi Pritzker Dale Bugsby TQ�I+'�f �f 4��1� � VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: June 19, 2012 ITEM/TOPIC: First Reading of Ordinance No. 7, Series of 2012, an ordinance repealing and reenacting the approved development plan for Phase IV of Speciai Development District No. 6, Vail Village Inn, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of one existing fractional fee club unit to one dwelling unit, located at 16 Vail Road (The Sebastian) / a portion of lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. PRESENTER(S): Rachel Dimond, Dominic Mauriello ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 7, Series of 2012, upon first reading. BACKGROUND: On May 12, 2012, the Planning and Environmental Commission (PEC) recommended approval, with conditions, to the Vail Town Council for a major amendment to Special Development District No. 6. The PEC also approved, with conditions, the amendment to an existing conditional use permit for the reduction in fractional fee units. Should Ordinance No. 7, Series of 2012 be approved, The Sebastian will be permitted to increase the number of dwelling units from one to two and decrease the number of fractional fee units from 50 to 49. STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Vail Town Council approves, with conditions, Ordinance No. 7, Series of 2012, upon first reading. The PEC recommends the following condition be placed on the approval: 1. "The app�icant shall amend all applicable condominium maps to reflect the change in use and cause said maps to be recorded in the office of the Eagle County Clerk and Recorder within 90 days of approval of the major amendment to the special development district application." ATTACHMENTS: Ordinance No. 7, Series of 2012 Memo Ordinance No. 7, Series of 2012 Ordinance Ordinance No. 7, Series of 2012 Attachment B PEC memo Ordinance No. 7, Series of 2012 Attachment C 6n 9i2o i 2 TOWN OF VAIL� Memorandum TO: Vail Town Council FROM: Community Development Department DATE: June 19, 2012 SUBJECT: First reading of Ordinance No. 7, Series of 2012, an ordinance repealing and reenacting the approved development plan for Phase IV of Special Development District No. 6, Vail Village Inn, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of one existing fractional fee club unit to one dwelling unit, located at 16 Vail Road (The Sebastian) / a portion of lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC120015). Applicant: Ferruco Vail Ventures LLC, represented by Mauriello Planning Group Planner: Rachel Dimond SUMMARY The applicant, Ferruco Vail Ventures LLC, represented by Mauriello Planning Group, is requesting a first reading of Ordinance No. 7, Series of 2012, an ordinance repealing and reenacting the approved development plan for Phase IV of Special Development District No. 6, Vail Village Inn, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of one existing fractional fee club unit to one dwelling unit, located at 16 Vail Road (The Sebastian) / a portion of lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. The Vail Town Council shall approve, approve with conditions, or deny Ordinance No. 7, Series of 2012, upon first reading. II. DEVELOPMENT STATISTICS Should Ordinance No. 7, Series of 2012 be approve, the development statistics in Phase IV (The Sebastian) will change as follows: The number of units permitted in Phase IV shall not exceed the following: Dwelling Units — 1 2 Accommodation Units - 100 Fractional Fee Club Units — 50 49 Type III Employee Housing Units -18 (38 employee beds totaling 9,618 square feet of floor area) 6il9iaoiz s-i-i III. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION On May 14, 2012, the Planning and Environmental Commission recommended the Vail Town Council approve, with conditions, Ordinance No. 7, Series of 2012, upon first reading, with a vote of 7-0-0, with the following condition: 1. "The applicant shall amend all applicable condominium maps to reflect the change in use and cause said maps to be recorded in the office of the Eagle County Clerk and Recorder within 90 days of approval of the major amendment to the special development district application." This recommendation was based upon the review of the criteria outlined in the May 14, 2012 memorandum to the Planning and Environmental Commission, and the evidence and testimony presented. On June 5, 2012, the Vail Town Council tabled this item to the June 19, 2012 hearing at the applicant's request. IV. ACTION REQUESTED OF THE TOWN COUNCIL Should the Vail Town Council choose to approve Ordinance No. 7, Series of 2012, upon first reading, the Community Development Department recommends the Council passes the following motion: "The Vail Town Council approves Ordinance No. 7, Series Of 2012, an ordinance repealing and reenacting the approved development plan for Phase IV of Special Development District No. 6, Vail Village Inn, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of one existing fractional fee club unit to one dwelling unit, located at 16 Vail Road (The Sebastian) / a portion of lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto." Should the Vail Town Council choose to approve Ordinance No. 7, Series of 2012, the Community Development Department recommends the Council applies the following condition: 1. "The applicant shall amend all applicable condominium maps to reflect the change in use and cause said maps to be recorded in the office of the Eagle County Clerk and Recorder within 90 days of approval of the major amendment to the special development district application." Should the Vail Town Council choose to approve Ordinance No. 7, Series of 2012, the Community Development Department recommends the Council makes the following findings: "Based upon the review of the criteria outlined in the May 14, 2012 memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Vail Town Council finds: Town of Vail Page 2 6n 9i2o i 2 s-i-a 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town. 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas. 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." V. ATTACHMENTS A. Ordinance No. 7, Series of 2012 B. PEC memorandum dated May 14, 2012 C. Applicant's Powerpoint Presentation Town of Vail Page 3 6n 9i2o i 2 8-1-3 ORDINANCE NO. 7 Series of 2012 AN ORDINANCE REPEALING AND REENACTING THE APPROVED DEVELOPMENT PLAN FOR PHASE IV OF SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PURSUANT TO ARTICLE 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR THE CONVERSION OF ONE EXISTING FRACTIONAL FEE CLUB UNIT TO ONE DWELLING UNIT, LOCATED AT 16 VAIL ROAD (THE SEBASTIAN) / A PORTION OF LOTS M, N, AND O, BLOCK 5D, VAIL VILLAGE FILING 1, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Ordinance No. 16, Series of 2004, established the approved development plan for Phase IV (The Sebastian) of Special Development District No. 6, Vail Village Inn; and WHEREAS, amendments to a Special Development District are permitted pursuant to the parameters set forth for such in Section 12-9A-10, Vail Town Code; and WHEREAS, the Planning and Environmental Commission ofthe Town of Vail held a public hearing on May 14, 2012 to consider the proposed amendment in accordance with the provisions of the Vail Town Code and forwarded a recommendation of approval, with conditions, to the Vail Town Council by a vote of 7-0-0; and WHEREAS, the Vail Town Council finds that the proposed amendment to Special Development District No. 6, complies with the review criteria outlined in Section 12-9A-8, Vail Town Code, and that the applicant has demonstrated that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided; and WHERAS, the Town Council finds that the special development district amendment does comply with the standards listed Article 12-9A, Special Development District, or that a practical solution consistent with the public interest has been achieved; and WHEREAS, the Vail Town Council finds that the special development district amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and W HEREAS, the Vail Town Council finds that the special development district amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds that the special development district amendment does promote the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a mannerthat conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; and WHEREAS, the Vail Town Council finds that temporary approval of this amendment will have no negative effect on parking since the existing penthouse dwelling unit can not yet be occupied; and Ordinance No. 7, Series of 2012 first reading � 6/19/2012 8-2-1 WHEREAS, the approval of this special development district amendment, and the development standards in regard thereto, shall not establish precedence or entitlements elsewhere within the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. PURPOSE The purpose of this ordinance is to amend Phase IV of Special Development District No. 6 to increase the number of dwelling units from one to two and decrease the number of fractional fee club units from 50 to 49 for the purpose of converting a fractional fee club unit to a dwelling unit. Section 2. Section 2, Development Standards, of Ordinance No. 16, Series of 2004, is hereby amended as follows (all additions are illustrated with bold italics, deletions are illustrated with c4riLo+hrr�i,,,h, and text not affected has been omitted): Density-- Units per Acre - Dwelling Units, Accommodation Units, & Fractional Fee Club Units The number of units permitted in Phase IV shall not exceed the following: Dwelling Units — �- 2 Accommodation Units - 100 Fractional Fee Club Units —�8 49 Type III Employee Housing Units -18 (38 employee beds totaling 9,618 square feet of floor area) Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the 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 4. 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 5. 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 un�ess expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. Ordinance No. 7, Series of 2012 first reading 2 6/19/2012 8-2-2 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of June, 2012 and a public hearing for second reading of this Ordinance set for the 3rd day of July, 2012, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Lorelei Donaldson, Town Clerk Andrew P. Daly, Mayor Ordinance No. 7, Series of 2012 first reading 3 6/19/2012 8-2-3 T�W�I QF VAlt� Memorandum To: Planning and Environmental Commission From: Community Development Department Date: May 14, 2012 Subject: A request for the review of an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, and a recommendation to the Vail Town Council on a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of a fractional fee club unit to a dwelling unit, located at 16 Vail Road (Sebastian Hotel)/Part of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC120015 & PEC120022) Applicant: Ferruco Vail Ventures LLC, represented by Mauriello Planning Group Planner: Rachel Dimond I. SUMMARY The applicant, Ferruco Vail Ventures LLC, represented by Mauriello Planning Group, is requesting the following in relation to The Sebastian: • a review of an amendment to an existing conditional use permit for a fractional fee club to reduce the number of fractional fee units from 50 to 49; and • a recommendation to the Vail Town Council of a major amendment to Special Development District No. 6, Vail Village Inn to increase the number of dwelling units from one to two. Based upon Staff's review of the criteria outlined in Sections VII and VIII of this memorandum and the evidence and testimony presented, and subject to the findings noted in Section IX of this memorandum, Staff recommends: • The PEC approves, with conditions, the amendment to an existing conditional use permit • The PEC forwards a recommendation of approval, with conditions, to the Vail Town Council for a major amendment to Special Development District No. 6. A vicinity map (Attachment A) and the applicant's request (Attachment B) have been attached for reference. 6il9iaoiz 8-3-1 II. DESCRIPTION OF THE REQUEST The applicant is proposing to convert the existing fractional fee unit 401 to a dwelling unit, which will increase the number of dwelling units from one to two, and decrease the number fractional fee units from 50 to 49 in The Sebastian, which is Phase IV of Special Development District No. 6, Vail Village Inn. Unit 401 is 986 square feet. The intent of the pending purchaser of this unit is to put the unit in the Sebastian rental pool, maintaining the unit as a warm bed. The Sebastian was formerly the Vail Plaza Hotel, and is referred to as the Vail Plaza Hotel in historical information. III. BACKGROUND The Sebastian is located within the Public Accommodation District in which lodges ("buildings designed for occupancy primarily as the temporary lodging place of individuals or families either in accommodation units or dwelling unitsl� ) are allowed as permitted uses and fractional fee club units (an individual dwelling unit in a fractional fee club described as such in the project documentation❑ '� are allowed as conditional uses. While a dwelling unit is "any room or group of rooms in a two-family or multiple- family building with kitchen facilities designed for or used by one family as an independent housekeeping uniY'; a fractional fee club unit must be part of a fraction fee club defined by the Vail Town Code as "a fractional fee project in which each dwelling unit, pursuant to recorded project documentation as approved by the town of Vail, has no fewer than six (6) and no more than twelve (12) owners per unit and whose use is established by a reservation system and is managed on site with a front desk operating twenty four (24) hours a day, seven (7) days a week providing reservation and registration capabilities❑ " It is clear in the adopting legislation (Ordinance No. 22, Series of 1996) allowing fractional fee club units within the Public Accommodation District, that these units are not intended for full-time occupancy as a dwelling unit when the Town Council found "that a fractional fee club is a form of public accommodation" and "that the quality of fractional fee club unit are an appropriate means of increasing occupancy rates, maintaining and enhancing short-term rental availability and diversifying the resort lodging market within the Town of Vail". On February 28, 2000, the Planning and Environmental Commission approved a conditional use permit for a fractional fee club at the Vail Plaza Hotel (now called The Sebastian) consisting of 50 fractional fee club units. According to Staff's memorandum to the Planning and Environmental Commission concerning the fractional fee club: "According to the applicant, the ownership of the club units will be divided into a maximum of 1/12t" intervals for the 24 winter weeks during the ski season, with the remaining 28 shoulder season and summer weeks would be owned by the hotel. This ownership program allows for the most attractive weeks of the year to be sold as club units with the proceeds helping to finance the redevelopment Town of Vail Page 2 6n 9i2o i 2 8-3-2 project. The remaining interest in the clubs is then used by the hotel to support the conference facilities during the summer months." On August 13, 2001, the Planning and Environmental Commission again approved a conditional use permit for a fractional fee club at the Vail Plaza Hotel consisting of 50 fractional fee club units, which had been amended to include lock-off units. According to the Staff Memorandum the Planning and Environmental Commission concerning the fractional fee club: "To further improve the occupancy potential of the fractional fee club, the 50 club units have been designed to include up to two lock-off spaces per unit. This design creates a total of 108 keys and 216 pillows for the fractional fee club component of the hotel." Additionally, the Staff Memorandum the Planning and Environmental Commission stated the fractional fee units at the Vail Plaza Hotel: "The applicant is proposing that the club units be sold on an interval basis. The club units would be sold for 24 weeks during the winter months with the remaining 28 weeks owned by the hotel for use as short-term accommodation units. " In both 2000 and 2001, pursuant to Section 12-16-7, Vail Town Code, the Planning and Environmental Commission considered "the ability of the proposed project to create and maintain a high level of occupancy" and that "each of the fractional club units shall be made available for short term rental in a managed program when not in use by the club members". Based upon the statements, representations, and proposals of the applicant; the Commission determined that a conditional use permit was warranted for fractional fee club at the Vail Plaza Hotel. On September 4, 2001, the Vail Town Council adopted Ordinance No. 21, Series of 2001, which amended Special Development District No. 6 to allow for the construction of the Vail Plaza Hotel with one dwelling unit, 99 accommodation units, 18 employee housing units, and 50 fractional fee club units consistent with the August 13, 2001, conditional use permit. The Planning and Environmental Commission held public hearings to discuss a request to convert 2 fractional fee units to dwelling units and one dwelling unit to a fractional fee unit on April 27, and May 11, 2009. On May 11, 2009, the Planning and Environmental Commission voted 7-0-0 to forward a recommendation of approval, with conditions, to the Town Council for the proposed special development district amendment. At its May 19, 2009, hearing the Town Council approved the first reading of Ordinance No. 13, Series of 2009, with the modifications that reference to the conversion of the penthouse dwelling unit to a fractional fee club unit be stricken, and that the sale of the penthouse unit be a trigger for the expiration of this ordinance in addition to the Town of Vail Page 3 6n 9i2o i 2 8-3-3 Commission's recommended triggers of the specific date May 11, 2012, or the issuance of an occupancy certificate for the penthouse unit. On June 2, 2009, the Vail Town Council denied Ordinance No. 13, Series of 2009, upon second reading. The summary minutes are as follows: "Connie Dorsey asked that the applicant not be forced to move until there is a TCO on another unit in the building. During a pause for public comment, Robert Vogel said there was a pattern of deceit being exhibited by the applicant and there was no compelling reason to grant the applicant's request. Fractional owner's legal representative Lindsey Richards spoke against allowing the applicant to continue to live there. The applicant, Waldir Prado, said he had been occupying a vacant unit and no one had been negatively financially impacted. Councilmember Rogers stated, "I don't feel like 1 was given a straight story on it� I don't have a good feeling we are going to know what is happening here� 1 don't feel like passing this ordinance on second reading is going to help the Town of Vail❑ 1 do have an interest in hot beds." Rogers then moved to deny the ordinance with Councilmember Newbury seconding. Councilmember Foley said employee housing in the hotel should be satisfactory for any employee of the hotel. Councilmember Hitt said he felt like he had been misled. He also agreed that employee housing should be adequate for the applicant. Newbury said one of the town's overriding policies is to maintain hot beds. Councilmember Cleveland said the solution that was presented was not in the public interest. "It is inconsistent with the SDD approval plan." Councilmember Daly said there is a lot more revenue the town is giving up than was previously anticipated. The motion passed unanimously, 7-0." IV. APPLICABLE PLANNING DOCUMENTS A. Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 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. 8. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. Town of Vail Page 4 6n 9i2o i 2 8-3-4 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. CHAPTER 12-2, Definitions (in part) DWELLING UNIT.� Any room or group of rooms in a two-family or multiple-family building with kitchen facilities designed for or used by one family as an independent housekeeping unit. FRACTIONAL FEE CLUB UNIT: An individual dwelling unit in a fractional fee club described as such in the project documentation and not an accommodation unit within the fractional fee club. No offer of a fractional fee club unit shall be made except pursuant to an application for registration and certification as a subdivision developer of a timeshare program or an exemption from registration approved by the state of Colorado real estate commission pursuant to Colorado Revised Statutes 12-61-401 et seq., and the rules and regulations promulgated pursuant thereto. Within ten (10) days after receipt of a written request, the developer of a fractional fee club unit shall provide to the staff of the department of community development a copy of the application or request for exemption filed with the state of Colorado real estate commission and/or evidence of approval of the application or request for exemption. ARTICLE 12-9A, SPECIAL DEVELOPMENT DISTRICT (in part) 12-9A-1: Purpose and Applicability: A. Purpose: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space Town of Vail Page 5 6n 9i2o i 2 8-3-5 areas; and to further the overall goals of the community as stated in the Vail comprehensive plan. An approved development plan for a special development district, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. 8. Applicability: Special development districts do not apply to and are not available in the following zone districts: hillside residential, single-family residential, two-family residential and two-family primary/secondary residential. 12-9A-10: AMENDMENT PROCEDURES: 8. Major Amendments: 1. Requests for major amendments to an approved special development district shall be reviewed in accordance with the procedures described in section 12-9A- 4 of this article. 2. Owners of all property requesting the amendment, or their agents or authorized representatives, shall sign the application. Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the special development district, and owners of all property within the special development district that may be affected by the proposed amendment (as determined by the department of community development). Notification procedures shall be as outlined in subsection 12-3-6C of this title. CHAPTER 12-16: CONDITIONAL USES PERMITS (in part) Section 12-16-1: Purpose; Limitations: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. Town of Vail Page 6 6n 9i2o i 2 8-3-6 V. 1�/1 SURROUNDING LAND USES Land Uses North: I-70 right-of-way South: Mixed Use East: Mixed Use West: Multiple Family ZONING ANALYSIS Zoninq Not Zoned Public Accommodation SDD #39 (Solaris) Public Accommodation and SDD #21 (Gateway) Development Standard Approved/ Existing Proposed Change Density -Dwelling Units 1 DU 2 DU +1 DU -Fractional Fee Units 50 FFU 49 FFU -1 FFU -Accommodation Units 100 AU 100 AU No change AU Gross Residential Floor Area (GRFA) -AU & FFU (>70%) 98,774 sq ft (95%) 97,788 sq ft (94%) -986 sq ft -DU (<30%) 5,150 sq ft (5%) 6,136 sq ft (6%) +986 sq ft TOTAL 103,924 sq ft 103,924 sq ft No chan e Parking 211.69 spaces 212.39 spaces +0.7 space required (round to required (round to required (round to 212 spaces) 213 spaces) 1 space additional) 218 spaces existin 218 spaces existin No chan e existin VII. CONDITIONAL USE PERMIT REVIEW CRITERIA Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: Relationship and impact of the use on the development objectives of the Town. The Vail Comprehensive Plan and Zoning Regulations encourage the creation of "hot beds" (accommodation units) and "warm beds" (fractional fee club units) within the commercial cores and the Public Accommodation District which is the underlying zoning for the Sebastian. These "warm bed" units have historically had higher occupancy rates than dwelling units; and therefore, bring more guests to Vail. Greater numbers of guests have a positive impact on creating vibrancy and economic viability of the commercial cores than dwelling units. The warm beds are also highly beneficial to the existing retail and restaurant uses in the other phases of the Vail Village Inn Special Development District. Staff has found that in other similar buildings, such as Manor Vail and The Arrabelle, units of this size with hotel amenities, such as a front desk, are typically put into rental pools when not in use by owners, thus acting as a warm bed, if not a hot bed. As a result, Staff believes that exchanging a fractional fee club unit for one dwelling unit is consistent with the Town's development objectives and the intent and purpose of the overall Vail Village Inn development. Town of Vail Page 7 6n 9i2o i 2 8-3-7 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. There are no changes proposed to the exterior of the existing building; therefore, Staff does not believe this proposal will have a significant negative affect on this criterion in comparison to existing conditions. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff finds there is no effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow because there are no changes to the exterior of the building. The dwelling unit will not likely generate more traffic. Further, The Sebastian has six excess parking spaces, one of which will be required for the dwelling unit. 4. Effect upon the located, including surrounding uses. character of the area in which the proposed use is to be the scale and bulk of the proposed use in relation to There are no changes proposed to the scale or bulk and mass of the existing building; therefore, Staff does not believe this proposal will have a significant negative affect on this criterion in comparison to existing conditions. VII. SPECIAL DEVELOPMENT DISTRICT AMENDMENT REVIEW CRITERIA Before acting on a major amendment to a special development district amendment application, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the proposal: 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Staff finds this proposal will not effect design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation because there are no changes proposed to the exterior of the existing building. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Town of Vail Page 8 6n 9i2o i 2 8-3-8 Staff finds the change in use will provide a compatible, efficient and workable relationship with surrounding uses and activities. Specifically, one additional dwelling unit, while not technically a warm bed, will be compatible with the mixed use nature of the surrounding neighborhood. Further, the dwelling unit will be put into a rental pool by the owner, and will operate as a warm bed. Should the ownership change, Staff has found that in other buildings with hotel amenities, units of this size are typically put in rental pools when not in use by owners, thereby acting as a warm bed regardless of the type of unit. 3. Parking and Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. Staff finds the proposal is in compliance with the parking and loading requirements as outlined in Chapter 10 Title 12, Zoning Regulations. The Sebastian has six surplus parking spaces, and will use one space for the increased parking requirement, resulting in a surplus of five spaces. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. Staff believes exchanging one fractional fee club unit for one dwelling unit is consistent with the Town's development objectives. The Vail Comprehensive Plan and Zoning Regulations encourage the creation of "hot beds" (accommodation units) and "warm beds" (fractional fee club units) within the commercial cores and the Public Accommodation District which is the underlying zoning for the Vail Plaza Hotel. These "warm bed" units have historically had higher occupancy rates than dwelling units; and therefore, bring more guests to Vail. Greater numbers of guests have a positive impact on creating vibrancy and economic viability of the commercial cores than dwelling units. Staff has found in other buildings with similar amenities, units of this size are typically included in rental pools when not in use by owners, thereby acting as a warm bed regardless of being a fractional unit or dwelling unit. Further, under existing zoning, an additional dwelling unit is permitted and does contribute to a mix of uses within the special development district. 5. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Staff does not believe this proposal will have a significant negative affect on this criterion in comparison to existing conditions, as there are no natural and/or geologic hazards affecting this property. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Town of Vail Page 9 6n 9i2o i 2 8-3-9 Staff does not believe this proposal will have a significant negative affect on this criterion in comparison to existing conditions, as there are no changes proposed to the site planning, location, or open space for the existing building. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. Staff finds the proposal does not affect the circulation system for both vehicles and pedestrians, as The Sebastian has valet parking with surplus parking to accommodate the increase in parking requirements. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Staff does not believe this proposal will have a significant negative affect on this criterion in comparison to existing conditions, as there are no changes proposed to the existing landscaping. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Staff finds the proposal will maintain a workable, functional and efficient relationship throughout the development of the SDD, as the conversion of the unit will not require a building permit. 10. Public Benefit: The proposed deviations provide benefits to the town must outweigh the adverse effects of such deviations. Staff finds the proposed deviation will provide a benefit in real estate transfer tax, but will also have the adverse effect of losing a warm bed. In practice, however, the placement of the dwelling unit in the rental pool will likely reverse the adverse effects as Staff has found units of this type in hotel-style buildings are typically put in rental pools when not in use by owners. IX. STAFF RECOMMENDATION CONDITIONAL USE PERMIT APPLICATION The Community Development Department recommends the Planning and Environmental Commission approves, with conditions, this request for a review of an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the conversion of a fractional fee club unit to a dwelling unit, located at 16 Vail Road (Sebastian Hotel)/Part of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Staff's Town of Vail Page 10 6n 9i2o i 2 8-3-10 recommendation is based upon the review of the criteria described in Section VIII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves this request for an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the conversion of a fractional fee club unit to a dwelling unit, located at 16 Vail Road (Sebastian Hotel)/Part of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section Vlll of this Staff inemorandum to the Planning and Environmental Commission dated May 14, 2012, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. "The proposed conditional use permit amendment is in accordance with the purposes of the Zoning Regulations and the Public Accommodation and Special Development Districts as referenced in Section V of this Staff memorandum to the Planning and Environmental Commission dated May 14, 2012. 2. The proposed conditional use permit amendment and the conditions under which it will be operated or maintained are not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. The proposed conditional use permit amendment complies with each of the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code, as referenced by Section V of this Staff inemorandum to the Planning and Environmental Commission dated May 14, 2012." Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission applies the following condition: 1. "This conditional use permit approval is contingent upon the applicant obtaining Town of Vail approval of the associated major amendment to a special development district application." SPECIAL DEVELOPMENT DISTRICT AMENDMENT APPLICATION Town of Vail Page 11 6n 9i2o i 2 8-3-I1 The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with conditions, to the Town Council for a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, to allow for the conversion of a fractional fee club unit to a dwelling unit, located at 16 Vail Road (Sebastian Hotel)/Part of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria described in Section IX of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Town Council for a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, to allow for the conversion of a fractional fee club unit to a dwelling unit, located at 16 Vail Road (Sebastian Hotel)/Part of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section IX this Staff memorandum to the Planning and Environmental Commission dated May 14, 2012, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the special development district amendment complies with the standards listed Article 12-9A, Special Development District, or that a practical solution consistent with the public interest has been achieved. 2. That the special development district amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 3. That the special development district amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and Town of Vail Page 12 6n 9i2o i 2 8-3-12 4. That the special development district 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. " Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission applies the following conditions: 1. "The applicant shall amend all applicable condominium maps to reflect the change in use within 90 days of approval of the major amendment to the specia/ development district application." X. ATTACHMENTS A. Vicinity Map B. Applicant's Request Town of Vail Page 13 6n 9i2o i 2 8-3-13 Vail Village Filing 1, Block 5D, Part of Lots M, N& O (16 Vail Road - Sebastian Hotel) ` _ � �-� ", �9' � "� ' ` ' , , ._ �. e . � , �, �, � .� � .� � ` � ` ' . _ _ _ � ;�---,.r - � . �, s,�,� �,, .; �''� , _�.��, �; =. , � i � ,i . . � � 4 . . � � � K'. �� +�' � �yl �-�R'. '�`?���' •'. y► .� � � �� ' � . J',' �► ` _ � .. • , " . - `�" � � � ��1 a`s � , , :-�. � � ♦ � � � ��'� _. ` ..< 3-�s . . , �� � - ' `,�. � i .� w! � f .� I d.• ti� . i�l � � �! ' • 4`.f �f � �r � „` �� _ °. •;y ,� -f►� . - � � ' �' � �� � - �?�•L�► � �!' r ' ` � . � �:�:..,�s, - - 1w . .-'.t: ,1 � �'�y,.i �f'•. � _ • .. �".- i s '� � _ '� �` �"f , Y'"�~- - ' f . �l � ,� „ � . . - r- __ ''+ry* `� � , . � ��- -� � . -� � . � � , � �.. �' :�` .�,.. �- + � i ` "�. - ' j � ��� � • '�- ,. � � _•, •--�.r . � ; � • '� ��y' �� ' �"� Y � i A ` ,+._. t� y{ a � ^ � �I/P� � �, � � � � � �.; � � � � � � � . . � �,�J'� � r ���,� '•' � s y >>� , � ��, �" +� . � ! 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Tlie Town of Val tloes not weeran� �he accuracy of thc lnformation contalned horein_ � FeeL V/�7/�O�G (�+heresM1Own paroellinawoMisapproxima�o) j� 1 0 25 50 100 Last Modified: April 23, 2012 �aw'� �f �u���1 H E E BAST I A N VAIL VILLAGE INN, PHASE IV MA OR AMENDMENT J ToSDD#6,& AMENDMENT TO A CONDITIONAL USE PERM IT To allow for the conversion of Unit 401 from a Fractional Unit to a Dwelling Unit Submitted to the Town of Vail: April I 3, 2012 � T H E ' � � � �I I � I C1 I�1 � V A F L R"/ I'�'4!L �1: 111:':G.:1': 11�JTL L-0�9 L'.:'OI:'��=1:, C � uU Mauriello Planning Group 6/� 7/GO � G 8-3-IS p' _ � _ �r� ,�-� _ '����.��� � � ��, � � -. �. �, ,�. ��� �'�;.� �' � �� ' � f � ,�9� �. �A �' ` : � �:� ;��• !�,��; .� - � � ..._ �..�_ . _ � _. � - - - .-... . � �, _ -� �- � ��-'£_ _ �. � � ��� ' ',� I `?� �,��,#� - � 1 �;R _ � � � I. Introduction The owners of the Sebastian, Ferruco Vail Ventures LLC, are requesting a major amendment to Special Development District No. 6(SDD #6) to allow for the conversion of Unit 401 from a fractional unit to a whole ownership condominium unit. According to Section 12-9A-2: Definitions,Vail Town Code, a change in the number of dwelling units is considered a Major SDD Amendment. Because a Conditional Use Permit was issued for the Fractional Fee Club, an amendment to the Conditional Use Permit is also part of this application. No physical changes to the building are necessary to implement this change. II. Background The Sebastian is located at 16 Vail Road. The property is part of Phase IV of Special Development District No 6, Vail Village Inn. This SDD has an underlying zoning of Public Accommodation (PA). � '� ,�* - ��,�'� I��'�, _ . � . ���� ' .t 4' R� r , `� •��� � , 'A` ' �• • �Y `!•���, � � �i . � _ . � � � � ��' _ l t ` �'�►` ' " • ��L ( � , � ,, , r _ _ i 4� + � : , ;� + w , • .� � '� `�,,�,�,�, ,I -1� � ��r ., � ( � � '� - � ' , ;, • -r "-.� t - ."'r�� - •?[ • C�� 1 � � � '�i�_ : /'�'� � �i r . .� - !�� , -. � _ _ � � ► _,,.... . ����, � .� ''L _ ti- �;`' r�,i• - ; • , �- �--i , � � .. .�� r � _q� � � - T �oximate -� ary of SDD ` Village Inn �,�� . �.. : � .- . .� r i � � r� ��"ti+-� �'� . .�� '_.'a ;�� Q� SDD #6 was adopted by Ordinance No. 7, Series of 1976, and has been amended numerous times since its original adoption. Ordinance No. I 6, Series of 2004, amended SDD #6, to allow for changes to the approval of the Vail Plaza Hotel (now known as the Sebastian) and to extend the expiration date of the project. The Vail Plaza Hotel opened in December of 2007 and was subsequently lost in a banl<ruptcy filing by its original owner. A federal banl<ruptcy court 1 6/19/2012 8-3-16 awarded the hotel to FerrucoVail Ventures LLC in January of 2010 for a purchase price of $46.5 million. Since then, the current owners ha�e invested millions in improvements and the hotel has become a major success, with guests such as the First Lady, Michelle Obama and a feature on the Today Show. The Sebastian has become a major asset to the Town of Vail, and annual tax collections from the property ha�e continued to increase each year. The approval for the Sebastian currently includes 50 fractional units and one whole ownership condo unit. This major amendment would allow for Unit 401, currently a fractional unit, to be converted to a condominium unit, decreasing the number of fractional units to 49 and increasing the number of dwelling units to 2 units. There is a�ailable parl<ing for the incremental increase, no impacts to employee housing requirements as a result of this change, and the property remains compliant with all other zoning standards. The property continues to meet the definition of a lodge, with greater than 70% of the floor area dedicated to accommodation units or fractional fee club units. Unit 401 is the only fractional unit that currently does not ha�e any fractional ownership and as a result, is the only fractional unit which has the ability to be converted to whole ownership. Unit 401 is a one bedroom unit, with approximately 986 sq. ft. of GRFA. Unit 401 is currently under contract contingent on the approval of this application. The intent of the purchaser is the unit will be managed and rented by the Sebastian, maintaining the property as a live bed. / ^ 1 "�� � e�� ' � -► '� � �� �.� �� , .�� � ��'�. �. �` � - � �-� . < - -�.,'-: ^ ` -�,:� � -�, � � �f� - � _ _- ��ti_ ,, w r�L-� - • ` ° ' 1 - � 1�� ,� -�� •1, �_;`� y . •��'; -'�"„-�c; •: � , , •�' �� ` S �� l�•� I � 1 }. �f • �. � . ��;v. �, 4` ' ; � .. �� _e' . � ~', �ti '� .�� � �-. �._ t " ,�d - _ 1�j _ � `.�d � � " � r � 1 _ / �v'9 ♦ . e 0 S ' � .t �, � , .1._1,:. � 6��a `� . ..J ,_ ' . .....��• : � .. �.� � :II � � -J.. ,U l ` 1 � _ - f-�lN ?�(�.�L..:1t ., r ... C J -� _-._. . .=� , i�-;I i �F� ,i - � ./ � � `=1 ��1'•• i �u:ll� J , `. � �- � _ �. _ - <:a ; - _ ,.:R �_._� _���.,1:�- �, , _ _ � �-r� � � I :, I � �°� � . J � �1��1�L• - 6/19/2012 8-3-17 �>> ,�:; L ; `-�i � �L \ / � .r�� , ; � -J=`.v1 � : � r �; — T ? � .i �.�:� ^ (..rj � , _" �„ �•� <��� -aJ �1 .,l` ••� -<:b � . _�. <'i'�}j:� � -_ _._ - � -- -�> `. F II1. Zoning Analysis Because there are no exterior modifications, the proposed amendment does not affect most development standards. Below is an analysis of the proposal with regard to density, GRFA, and parking. All other standards remain as approved. Density Fractional Fee Units 50 49 Accommodation Units 100 100 Dwelling Units I( I 3.3 du/acre) 2( I 3.6 du/acre) GRFA 103,924 sq. ft. No Change In AU and FFU (Required>70%) 98,774 sq. ft. (95%) 97,788 sq. ft. (94%) In DU (Required<30%) 5, I 50 sq. ft. (5%) 6, I 36 sq. ft. (6%) Parking Required 21 1.69 spaces (rounds to 212) 212.38 spaces (rounds to 213) Provided 218 spaces 218 spaces IV. Criteria for Review for the Major Amendment to a Special Development District Section 12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS,Vail Town Code, provides the criteria for review of a Major Amendment to a Special Development District. These criteria have been provided below, along with an analysis of how this proposal complies with these criteria: I. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a dwelling unit has no effect on the above criterion. No exterior changes are proposed with this request. 2. Relationship: Uses, activity and density which provide a compatible, e�cient and workable relationship with surrounding uses and activity. Applicant Response: The Sebastian is a mixed-use type of development, including commercial, lodging, recreational, and residential uses. The conversion of Unit 401 from a fractional unit to a dwelling unit remains consistent with the intended purpose of the underlying zoning of Public Accommodation and the intent of Vail Land Use Plan. Adjacent properties include a similar mix of uses.The density and uses proposed forThe Sebastian do not conflict with the compatibility, efficiency, or worl<ability of the surrounding uses and activities on adjacent properties. 3 6/19/2012 8-3-18 3. Parking And Loading: Compliance with parking and loading requirements as outlined in cha ter I 0 o f this title. Applicant Response: In 2010, a comprehensive parl<ing analysis for the Sebastian was completed and approved by the Town of Vail as some of the interior uses within the building were reconfigured. This included the reorganization of parl<ing spaces within the existing structure to maximize the number of parl<ing stalls and provide for valet spaces. A new parl<ing plan has been provided under separate cover updating this analysis. As indicated in Section III of this submittal, there is excess parl<ing to meet the minimal increase as a result of the conversion of Unit 401 from a fractional unit to a dwelling unit. Based on the parl<ing requirements of Chapter I 2-10, the increase in parl<ing required is 0.69 of a parl<ing space, which is then rounded to a requirement for I additional parl<ing space, changing the requirement from 212 spaces to 213 spaces. There are 218 spaces provided or 5 excess parl<ing spaces with the approval of this application. 4. Comprehensive Plan: Con formity with applicable elements o f the 1/ail comprehensive plan, town policies and urban design plans. Applicant Response: The Sebastian is within the boundaries of the Vail Village Master Plan. The following general objectives are applicable to this application: Obiective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. Obiective 2.2: Recognize the importance of Vail Village as a mixed use center of activities for our guests, visitors and residents. Obiective 2.5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. In addition to the general objectives of the Vail Village Master Plan, the Sebastian is located within Mixed Use Sub-Area #I as indicated in the following map: �41XED USE SUB-AREA (#t ) �•t VNfILLOW y • . 4 i iz ••. ,,,. (k ..�� IA����.•' .;*��.d. 7 -�-• .�.2�: ,1-,� . � • ' ��„3 6 � � `:',,�, - ,. - . � �� � .� - . ', '�C"'.`� i-' ` .,1 ( ,a ;r�� �`'C 4 6/19/2012 8-3-19 TheVailVillage Master Plan offers the following with regard to this property: 1-1� v r) �', �� .�, � #1-1 Vail Villaqe Inn Final phase of Vail Village Inn project to be compieted as established by development plan for SDD #6. Commercial development at ground, level to frame interior plaza with greenspace. Mass of buildings shall "step up" from existing pedestrian scale along Meadow Drive to 4-5 stories along the Frontage Road. Design must be sensitive to maintaining view corridor from 4-way stop to Vail Mountain. Special emphasis on 1.2, 2.3, 2.4, 2.6, 3.2, 4.1, 5.1, 6.1. 5. Natural And/Or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that afj`'ect the property on which the special development district is proposed. Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a dwelling unit has no effect on the above criterion. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality o f the community. Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a dwelling unit has no effect on the above criterion. No exterior changes are proposed with this request. 7. Tra�c:A circulation system designed for both vehicles and pedestrians addressing on and off site tra�c circulation. Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a dwelling unit has no effect on the above criterion. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a dwelling unit has no effect on the above criterion. No exterior changes are proposed with this request. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and e�cient relationship throughout the development o f the special development district. 5 6/19/2012 8-3-20 Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a dwelling unit has no effect on the above criterion. V. Criteria for Review for an Amendment to a Conditional Use Permit Fractional Fee Clubs are a conditional use in the Public Accommodation Zone District. Section 12-16-6: CRITERIA; FINDINGS, Vail Town Code, provides the criteria for review of a Conditional Use Permit. These criteria have been provided below, along with an analysis of how this proposal complies with these criteria: I. Relationship and impact o f the use on development objectives o f the town. Applicant Response: This criterion has been addressed in Section IV of this submittal. As indicated, the proposal remains compliant with the Zoning Regulations and all applicable goals and objectives of the Vail Village Master Plan. In addition, this proposal complies with the purpose statement of the Public Accommodation zone district, which states: I 2-7A- l: PURPOSE: The public accommodation district is intended to provide sites for lodges and residential accommodations for visitors, together with such public and semipublic facilities and limited pro fessional o�ces, medical facilities, private recreation, commercial/retail and related visitor oriented uses as may appropriately be located within the same zone district and compatible with adjacent land uses. The public accommodation district is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities o f the zone district by establishing appropriate site development standards. Additional nonresidential uses are permitted as conditional uses which enhance the nature o f 1/ail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character o f the zone district. 2. E f fect o f the use on light and air, distribution o f population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a dwelling unit has no effect on the above criterion. 3. E f�"ect upon tra�c, with particular re ference to congestion, automotive and pedestrian sa fety and convenience, tra�c flow and control, access, maneuverability, and removal of snow from the streets and parking areas. Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a dwelling unit has no effect on the above criterion. 4. E f j`ect upon the character o f the area in which the proposed use is to be located, including the scale and bulk o f the proposed use in relation to surrounding uses. � 6n 9i2o t 2 8-3-21 Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a dwelling unit has no effect on the above criterion. No exterior changes are proposed. In addition to the above criteria, Section 12-16-7: USE SPECIFIC CRITERIAAND STANDARDS, provides addition criteria for a fractional fee club proposal. While these criteria are specifically for the establishment of a new fractional fee club and do not necessarily apply to the elimination of an individual unit from the fractional fee club, the applicant has provided a response for this amendment: a. I f the proposal for a fractional fee club is a redevelopment o f an existing facility, the fractional fee club shall maintain an equivalency o f accommodation units as are presently existing. Equivalency shall be maintained either by an equal number o f units or by square footage. I f the proposal is a new development, it shall provide at least as much accommodation unit gross residential floor area (GRFA) as fractional fee club unit gross residential floor area (GRFA). Applicant Response: The proposed conversion of Unit 40 I from a fractional unit to a dwelling unit has no effect on the above criterion. No accommodation units will be affected with this request. b. Lock o fj' units and lock o ff unit square footage shall not be included in the calculation when determining the equivalency o f existing accommodation units or equivalency o f existing square footage. Applicant Response: The proposed conversion of Unit 40 I from a fractional unit to a dwelling unit has no effect on the above criterion. No locl< off is affected. c. The ability o f the proposed project to create and maintain a high level o f occupancy. Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a dwelling unit has no effect on the above criterion. This criterion applies to the establishment of a new fractional fee club and is not applicable to this amendment. The intent of the purchaser is the unit will be managed and rented by the Sebastian, maintaining the property as a live bed. d. Employee housing units may be required as part o f any new or redevelopment fractional fee club project requesting density over that allowed by zoning. The number o f employee housing units required will be consistent with employee impacts that are expected as a result o f the project. Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a dwelling unit has no effect on the above criterion. The employee housing requirement for a fractional unit and a dwelling unit are the same. As a result, there are no impacts to employee housing as a result of this request. e. The applicant shall submit to the town a list o f all owners o f existing units within the project or building; and written statements from one hundred percent ( I 00%) o f the owners o f existing 7 6/19/2012 8-3-22 units indicating their approval, without condition, o f the proposed fractional fee club. No written approval shall be valid ifit was signed by the owner more than sixty (60) days prior to the date o f filing the application for a conditional use. Applicant Response:This criterion applies only to the establishment of a new fractional fee club. It is not necessary when eliminating a unit from an existing club. f. Each o f the fractional fee club units shall be made available for short term rental in a managed program when not in use by the club members. The project shall include or be proximate to transportation, retail shops, eating and drinking establishments, and recreation facilities. Applicant Response: Because the Sebastian has an established rental program, managed by Timbers Resorts, the potential owner (currently under contract) has the ability to include the unit into the rental program. Unit 40 I is a small one-bedroom unit, with 986 sq. ft. of GRFA. Research indicates that smaller units are more likely to be included in a rental program. E:3 6n 9i2o t 2 8-3-23 VI. Adjacent Addresses JOHN D GOODMAN PO BOX 1886 0105 EDWARDSVILLAGE BLVD,STE D-201, EDWARDS, CO 81632 9VAIL RD,ASSOC 9VAIL RD. VAIL , CO 81657 JOSEF STAUFER 100 E MEADOW DR #31, VAIL, CO 81657 ARTHURANDREWABPLANALP JR. POST OFFICE BOX 2800, VAIL, CO 81658-2800 SLIFER MANAGEMENT CO. C/O MS. SALLY HANLON, 385 GORE CREEK DRIVE - R-2, VAIL, CO 81657 MCNEILL PROPERTY MANAGEMENT 2077 N. FRONTAGE RD. #300, VAIL, CO 81657 KEVIN DEIGHAN I2VAIL ROAD, SUITE 600 VAIL, CO 81657 VAIL HOTEL 09 LLC GENERAL COUNSEL 745 SEVENTH AVE NEWYORK, NY 10019 MAURIELLO PLANNING GROUP PO BOX 4777 EAGLE, CO 8163 I CDOT 4201 E.ARKANSAS AVENUE DENVER, CO 80222 SOLARIS PROPERTY OWNER LLC 141 E MEADOW DR 21 I VAIL, CO 81657 6n 9i2o 12 8-3-24 THE RESIDENCESAT SOLARIS CONDOMINIUM ASSOCIATION CHRIS LACROIX C/O GARFIELD & HECHT, P.C. 601 E. HYMAN AVENUE ASPEN, CO 8161 I FIRSTBANK OFVAIL FIRSTBANK HOLDING CO PO BOX 150097 LAKEWOOD, CO 80215-0097 SONNENALP PROPERTIES INC 20VAIL RD VAIL, CO 81657 VILLAGE INN PLAZA-PHASEV CONDOMINIUM ASSOCIATION CROSSROADS REALTY LTD PO BOX 1292 VAIL, CO 81658 TALISMAN CONDOMINIUM ASSOCIATION PTARMIGAN MANAGEMENT 62 E MEADOW DR VAIL, CO 81657 ONE WILLOW BRIDGE ROAD CONDOMINIUM ASSOCIATION, INC. CORPORATION SERVICE COMPANY I 560 BROADWAY STE 2090, DENVER, CO 80202, ONE WILLOW BRIDGE ROAD CONDOMINIUM ASSOCIATION 4148 NORTH ARCADIA DRIVE, PHOENIZ,AZ 85018-4302 VAIL GATEWAY PLAZA CONDOMINIUM ASSOCIATION, INC. VAILTAX &ACCOUNTING P. O. BOX 5940 AVON, CO 81620 TOWN OFVAIL FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 81657 �] ��# - A � , � « ��� � �� � _ ����`��' �,� _ .�'�t � �p M !i � �� � ��� 1� �, , ��' � � � �` ;:� �.�'���� � �� \ i. . � _ :� i � - � �'+ � � � � ' �� � - �:�� � � � - i: �'�1 • � - � �� x - ' � �, _ �, �- � � � . i� ' _ '�►. � � � ` e ,� I � Y°�. � � � � � R - "'�,� � ,, , .� �. � � ` , � .,�,^` __ ` ° ••► . - � �, �� � . r — •, I I� _ ,_ � • f � � � , ` � < _ '' . -. . � � .� �± �a. ` • . : . _, - j � ,* / ` — � ' J�,�. L ^ y �. _ ` - � ' . � . �!� '� _ � ' �� - r � � �_ . -��. c „ �,k�, . . � ` � i� � `� • � ' f � � � �. . ,. 1 1 �'�� t • s . • ^ E � � _ ' . • 1 � + . � �-. 1 � _ • � 1 � � r • r � •, � � '� ��s � ` ; 4 ` " . �. �', _. � � -- . 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' � - ��— � „�� �- ' ��,� ��,�� � ! �, � .. w,�. . -- , � �'� � � � �' �Y� . � ,9�- �� " _ � R�Ia : � yI Y Y �� � �� . $4�1� �.��L� d lu � . � � .W , ''�` ','� ,aP° � �`� n -� . �� �` �. � i rF � ��''4 � i ;� � , , �#�{�e , � `� A � 0 , +°.,:., ��'���'t —�. � � �� ����r°k I�r-� �� � � �� ,,.� ., ,.,��°°. x. r. � � � �, � � � :� � � � ��� �.�-� � . ° `�"; � } a �� � �� � � ,{�' � '� � "'� � . � ����� ,� � _ � `�'' -. � r a' �'� � �-° '� �! � � f � a� �� ° �_ �4��•,,� -- s'` _ '� r � TQ�I+'�f �f 4��1� � VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: June 19, 2012 ITEM/TOPIC: Second reading of Ordinance No. 8, Series of 2012, an ordinance amending the Official Zoning Map to rezone the Vail Golf Course C�ubhouse Parcel from the Outdoor Recreation District to the General Use District, located at 1778 Sunburst Drive/Vail Golf Course Clubhouse Parcel, and setting forth details in regard thereto. PRESENTER(S): Bill Gibson, Community Development Department ACTION REQUESTED OF COUNCIL: The applicant requests the Vail Town Council grants a continuance of the second reading of Ordinance No. 8, Series of 2012, to its July 3, 2012, public hearing to allow the applicant additional time to obtain information for the Council's review. BACKGROUND: On June 5, 2012, the Vail Town Council approved the first reading of Ordinance No. 8, Series of 2012, by a vote of 6-1-0 (Daly opposed). STAFF RECOMMENDATION: The Community Development Department recommends the Vail Town Council grants a continuance of the second reading of Ordinance No. 8, Series of 2012, to its July 3, 2012, public hearing. 6n 9i2o i 2 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: June 19, 2012 ITEM/TOPIC: Adjournment (8:05 p.m.) 6n 9i2o i 2 TQ�I+'�f �f 4��1� �