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 � _ .,'{�■
. W ` �_ / , `�7
���. r�. ,:; � _ 4 � - �
' �`� 1�' ', I'�._ �,� �11..._ -.. �~Y t;� '•� �i �_��
I . �
»,� � +:. .,� �' , + � . , , • _rr' ` _ �
�' � � � • �►� �f :a
� � � � � �_�
� " �'"'`� ' .ak7
, j �a ,r► + , �
. a . ' - ✓` . � :..�'• ��'�.';
- •' . : � . � � ♦
-.i /►,'�,•. + • i, ' ��..1a
, i , ,` I.r� �y. � j,.� .4`, ,•.
. �
` � ; � �►� � {y,. �
,_�i
.
�
- t . ►
�, ,; ` � �', �,,� � �. , E d
I i+ � � �� � �L� r
ili p �S �� ti `, � . �
�al � . a • , '� � � .
• r ��.; • . � _ � �� - r � . r �
,• i � ' v � �' •.,,• --
� �` ,.
,.,...�
� x►� � -i, .��. _ � .,rfii
'� �.
�
f
1. � �
/
�/
�
,
.
, !
u
6/19/2012
4-1-28
Informed Draft Measure Ballot Test
"Now that ou have heard some information about the draft
Y
ballot measure, if the election were held toda would ou vote
Y Y
YES to a rove or NO to re' ect the draft ballot measure?"
pp l
I
i �
_ . ,
;
Y���; ����c��,--- _-►
� ��� 1�����t
i
�
i
�_.
i
-- � _ ,
�- r j
_ ' _ _I •�
j l .
I •;
-i _i i , ; j ,
, .,� .;
(� --� - �
; j� -:- . . . : t � -
- - --- i �` ,
; • _ . .Y ___, . , _ ;
�
�__. �: is.= r —r-�•------r-
����
. 1 • �-
� � ' � � 1 •-' . ( , ' _1����
, ,
. j . I F� � . . -._�:_1r. ._�� i � �y�T , ` !
-Y --'-•�-�jy�j ��� � � �: '"� :T- f. l �!' �..r_�.► ' ,��
. , � � - �?�4+� � ,� +� ! � { .� . __� � ^� .. �� � ��--?''• 1f � , �I � I� I . -i �'__ �
� � _� ,_ r r�_ . . � r.�. �.__._ � . . . �_
-� � � � . -� ___" ,� _� . � � . . _r . - -.- . . ; .
I-- i ; ;'.___' � � �� �---i-�-: �.-; . i - I_ _ � __". t ; . _ .
t- �+r- 4
�,
�; �,.$.:.a� _�.�. . 1 ,
. :; . � �
�_ ..
Ur�+���i�l�� . ; -
t • . ' •�... ,*' �,. _ r"; . � i
r i �' ..�.�*�-L �i: � � _ r �+_
• .
�� I
:�,_ . ,
� .�.
�-�- .
_�
��.��
�
��.=�±� � r — r-
��
Informed Draft Measure Ballot Test
"Now that ou have heard some information about the draft
Y
ballot measure, if the election were held toda would ou vote
Y Y
YES to a rove or NO to re' ect the draft ballot
pp l
measure?" 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
>>� , � ��, �" +� . � ! ' � � - . '�' ' - A .� d- . ,� . - . �; � � � -��. _ + � �s+�,�
� °d,'� � �'i" � � M' , �l-�� ' ,� � _ . r �.---�. .r , - �
� ♦� A � �. - � - � r �y ' N � �
� � `
� �+� _ _ � „� »� �," - _�_ � . .1� . r • • r� ��`- " � i °' . , 1'�f � /� � ♦ .
�. � � . ' �
,��� , �, ` � ' ' . ,� ' �r � 1� � '" �,�:�� " � � r ,�"" —��
� '. f "� � ; _ .
r` '! �
,� ���. � �� �. S �. �. !' � _� / '! ` �. I � ,y �- � 1' � +�"
.� �� . ' „ , � � ��s .t (�. � : p � �� � � +- ,�,`'� e
� ,, � � � d,� � :, `+'� ., � . � , � � r +�`�. � �� _ �/,• * «t � -.r . y
rt � � � �„� �::� ���.� - � ' �i :" �, , Y M! - � j r� i"�. . . . s�: .'•
4 ''�p,� �' �c•; • ,� , �'` . , '' a ' _ � � ��►' ,,�?i� ,,'�,
r _ �' t� �' i r ' � � � ��� . ' f � - ,
��- �. . � �� , .� ���`, _ ,
'�'� ` �`- � ,.� . , . f \_ .
i . � ' . �� y �� r � `'s � ✓ � ; r - � . �+ r-- d � .. ' � % '��. , � `
� r %M1��� f��� �1 •
F�. ,� ,� . � � �� �y�7 1.-! 1 �y , _ ! _ ���s� .� � , �" . G,. �IL:, � �
� � � � y - , � ' ' � " '� .g __� �4
�, � .
.
- « � �� � � �. ` ��� � ' � • � � '♦ � a '� ` Il{ t ' . ��� ~Y - . � . ' �
k • c. .• •.` � . . . � -- T '
' � ._ . . .� -. -� � r � � .e ' i ` �� � �1 � - ,
r��� - � �+r _ - ��''�1 .�+, ��:� � �r .. •�L `"��
���� ` � ' . ,- -.
_ . . . � �. � �4/, �� � � � 1►, -
�` # 4p ��S � � : , � i �l Iw n•t. �� �. • .
� � � �� I � � i, ! . - . . "� ".' � , I�r. �� —,.
F } �,! . . rt.:-� �.
� �fu � � .' + • � „� �1 � r. �' r ' �"
e TM1�is maP was created by tho Town of Vail GI5 Team. Use of �M1is maP shoultl ha for geneal PurPoses only. 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 ` " . �. �', _. � � -- . ' � , ' :.
.j �i ' � � �
.• � . �
� � ` � , �1 ���t � �' �
� • � j � , �
. e � � _�� , I �
. _ • � � �f � �
• � ; � -+J � � t
♦ ; ..
'�'"'� 4 ' ' . '.� � � + .� � � , � � •
� � � �: 401 _. �_�, .�.�� -_� �: � �, .
�� _ � . , , � �� A roxi mate
� � -� . . PP
. � `•' � �, � . �- � w ,
• �' � � � �� .�
,. �� ..� �� s�,�, . . ' � ��`� boundar of SDD
� . . . � .. .� � y
. � - /� �_, , �'_ , -., - . ,� ' -- ' ' . .
•�� - � � . � � . � �► � �-- #6,Va� I V� I la e I n n
. �'� �. , �� . , '� � , �
• � fi � - , • 1, , �� �
� �. . ,� ..
-._. j��� r ' ' � ,
�"M . � 4�r �„ � � � f � � ��* , , � i • � �
� . ;'� � -- �� �� �x '� � I � •, �
�' � - �
-
t .� �.. � ` .,� � � ,�� '` ' � . •. � � - f � - ,�
�'��.. -. . . _�_ ! t . r � .
, , �.
� � : �"!� ,;,� � _ , . , . ,;;�
�..• - � . � � 1 � �•
� • :,. - ' ' " ' _ -
. � � �, K- `.
,� , - • , -•�
� � . {�� . �
-, .
� - , -� ,, - . ] .. * � .
► _ � � -� * . • ,• � '•�
`,� �- , .� , ,ti � . � A - • „�
. . � 1 fi� . w1� r�!' �� . � � ! � � � c._ � �v ./ � � ♦ ' - � �
�.
�
�
�; " .
� ���Q�"� I�]I'�1i
� _ x � r.
..�
�� � �
j � F
L � e.
�� � �
�� � �^" ��
•b=�
� �� ,� ��
��: �:
�
�
!�� �
� ` �,
��
o ;s�.
� ��
�
�
�
�=
,
4 � ` :
� '
�
��
�
i •
! -�,
� �
.�. �.=---- _
� �.
� • -
• - � �,
� '"�� .
,►. -��. •• :t' -
� � " ' :' t ,'•;a �:.�.,,��
:� 1��
� :'� ° � --, t�'! ;� R;?C�.�
+r �'�j,'\: • ., � �� S � � � +a �
i�
.� -tr . '.�.► '�.�
_� .� �' �• ��� ....
; �,t- � ±..:'E,t? _• ,�j.! ' w
,,�:'-��;;�;4,.`� ;�F•:a.:.
'' `:'R? �' `a :s � �,t ��.� '
'"„ , _ -,w�?'` =: ' �}:
. :�=:� �'`e� �'�i.,:-'
• ��� 1``~�� -`Il
,s;.•:.:.: r- �':�;,�; �t.�.
� ���;� �.
' 'r��14 � ' ;.
. �„ ,: j r. .
.�..�'.`�l �. .��_a.
.
' � � � �. +. < < �.t • :�L
7
. ": ��
I
.
.�
�
:� �I� 1►`��� �I�
��,.,, , ._ _ .
; : =.. ,�.:_. ,. �, .
'! ti�� �j�;�r1�!' `�I, -!
� ,t ., . x,
. ',C� _—_ . %t� , ti r � ;�r .1 _�. �
� f�/ � (� • � •�
, _ e:� . ' - . �; �� � � ��`i � � ' ��;r�� "!�
�'�ts�� � � �' � �` � �jy r
a-- � .! � .T,= }! ' �StY'� �► �
•A � � I � 1 I - ��► r7 :. r [1 r .
� � .. , r'� : %:. ; ' S�, Il
� . r .I� ��' �� �' . �' `� �`, �' .�
��. � -� � -� �• �
�, � _ ���
, � .? � � ' Y . � /
1 � I �. . '� r-_ry/ . j� � 1 �,'�v7�J.i - '� f� �r
.i` t� �'i f ��� .
�. . . , � � : �f I � � � � -�+�.y.,,.^ 1 ' L7� ; : ; � �
� ' " . I � � '
f• ! '��'°� • r r . 'r' �f/"
� d� �, �```L�7 ��/�1 ..�`'�r ��,�f ,, • � ,�.
C � 11 �I y'�
� V _ �• ��^�..' � • y` � `, y � .
/ / 11
`1 � l l � �
'� { � �
�- - 1 '� J / !'� ' � • � ,
• 1 ^ °� t, t
.-� - ,�� _r �r,� ��,
_ _` a _ 'r�� .�f�.. , l t ,.�ri T
� _ __ � , .� .,
- �- 1 � - ' �,� f r '� , . �,�`'
. � ,-
,.�. . _ --a `�,�� ' y �,; ,� .. � �� . `����•.
�f.� V,/ ' •_ : , / � 1 z ` ♦ ' �
_ , �i ��
� ,� � � - : , :�
• � '_� !� ,, ��_�=, �- ^ ,
_ � ._ � , f .� �ir- .
/ / � K l
i' / .• , _ ' �
f �.0 .4
,� , ,' � � . , � '�+.� _ r `.. ' _ �
, _ , � ',
- �`~ � ~ / � ' �r�'� ' ^ •
��y
> ��y� �,� I �_�l
_. .h � �.� � -�; � � ;.r
_ �,� �;: � r '
i
�� SebaJt ian
��
�l r���La �-�I:
,; -
1 . . .
_;�_ � , `
� • •' A �� � � � .
/( 1 , 1
� }-.
�1 � � 1
, '�'�'-.: , , , '
;l' ."-' 'i' �
.���' � � � . A .
i � , .._
, �' , � � . ,. ,. _ _.+-..,-� - f
'���,' , , � _. �� f:
� .�._ ��—
i. �. �
✓, � � � , _ ,1
----=1 ��: �
�s ���I n I `,� � ,�{1
���'1► ' " ' -- - � � ,
�r , � �� ' -- - — — - . 1l � � �,:
� • ( �' ' ' � , ' � - `' � � {� •
' , y, - i .f 1
`_ _ ' ,1 ; �
—' � � 1
� - - -'`�..---` ---�- h
; , -f , ,.^_ '� t�,.
� - - _:_ _ , , �
, � , "- �:.....,..�t--_ 1� � < , ,
} ",�, � ,�, ,
�+• • ' � � ��` . �
i � f
r• ' � 1
�- ,� � y �• �
r' t -�� / ' �
: , � �'- r 1 � - �� " J � +
�� . ��' ._�1�,��-' , �. �- ) : �
�r' � � �.Y! �'r �1 � �� � ♦ � . j � .
��.� �`� � � � j � ', . . 1. �
;7: � :
��,�•• • �. • :i�..�.� t� .
.
� r, � ,7�� ', � ,
'1 . r.. _ L � �� �l►Y� � ' . I � •
; �r-_�`.� :.�,��,.t;.
i
: ; �,> , - . –
�...L�y- _ =� 1
St
.. '��� � '
�
.�J�e '
r�
r� � , „
�� � ,
� �r . /
w '� I_ �
�, � _ � .
� ,— � .. .�� -��
- a �' +` � < <� ;��+ ��+ - �' r+' "'� •�.
. � �� � • �i� I t� • _ •��y . . �
t �
__ I _ " /
� � / � I 6 �
i ' ���~ F - i:; )
,, � " . C� �• K .`
a� . .
.
;ra�4, � — T � —�
� f J . ,� � , i ' ` 1 .� _
� . � . __ •� -..� . , • :
- � . wo . • ia , rt:, : + ` _- •- -
C( '(' N
'�� `t . ' ' c Z� �`. _� -,- .: 1!f ! ' � h �f_-:� pY`I^ . �'
i 1 1 � I��i; Jt'SIU� ( 1 7 t'�'1 l" ''\' . .
'•� . ' ' � 1• ' " ' " ' _ �>
.. - f ,• ` - � .. .. _ _ ° l;, T •� �. «
A ♦ r � ^
� 1 l 1 • � � � � ♦ I � 1 �1 � �! • l � . � 1 � � � • • \ I I _ . _
. -' :�� ^ _ .i _ ��� � rs .- �� � � •7 �T , ' ` .. t 7!. �� ' �---��
\ _. `_ + . . . . �eo-� : � •^�tec 1 _. :: :� �,.�``�cJ � "_'. _ �;� . �. � +I J -�t_. i ..
�` .
_ � � � •�' :. - - , ' • . -1 �` � t � ` -t; - .: . � , - . �-
. ��:,w{ . ,.•
� � `:`, w �• � �- i= bin' '� `T' �7�� .� =�' .« �� � a• � �4:,C• � _ � �t
� `�. • .:• c� .� i�
.� *\ t. 1 y � rr � , wl - �.t. N I fZ I %�� � �\� � % _ . '� � _-L " ,—J
' �t,p `, � . �' �� � ?;� _ �•�r�. �w lol•�t ? .•` i '' �`75' • \
� � �. �-
� .� Jy�c__ � �� � ;; .� _� �Q� : ;w` ,- �r;a�. �,�; , � ,�, r,,�� � „��� _,�; - . �. .
� , � � .� � , �� . c�'' �J �,�� � - :� -�� r�V _ _ ,'�� t
� i �� .. �I , �L'7,�'• � i° r ;�_i, .r�_.t � , ., -. . . .• � N ' ,-�'�e�
- ; _� � ,. , � � — i --
T �, �.�� ''. • `�,' ,'�,` ,
� � . - . .�---� ,
. '� ��� �� >> �C
��- - ' � s �,'
• � • / / f I F'�C� -� '' a�' � ' e T � 7 9 S ' ;\�: f,. �= . ;' .�.
- � � .02 '-�:J �-4.♦ F_tpg �� �`�! .' •
� r� -•.�i: L:�'�L :C'N:� ���� ...'iF1{ lt'.t� I::k�K l!'�fl ( b �
� � � � � ' �
t � �I.� �� �2�
___ _ - �
-.
'y � .
6i 19i2012
�; " .
� ���Q�"� I�]I'�1i
� _ x � r.
._'�s. _ .:�''�
�
�'�
�
� �_
— �,�:
_ �
�i
�� ��
�a
��� ��
� �
.-- ��^ II
� �,� � ��
.�3, ----
� .'
�_ � �. � � �
_ �� � ...��� -.� �, e �
��� ��� . . �
r. _ _- � �. �
•�r� � � F
_ , _, �
'�� ,' ! T �� :�� I
� Y � � �.� � �y —
s � � . �
_ � �� e . �-°�- . � ~ .
�
�i � _ - � � �
�'�
i�
�� � �,� �
w : r'� � � �
� -
� � �
� : �.- ?�-
i . �. � � ,. 'f.. .�e`
� � . #
�-� �� �•��� � �
Mauriello Planning Group
� �
. � =
Density
Fractional Fee Units 50 49
Accommodation Units 100 100
Dwe I I i ng U n its I( I 3.3 d u/ac re) 2( I 3.6 d u/ac re)
' �
I! G RFA I 03,924 sq. ft. No Change
In AU and FFU (Required>70%) 98,774 sq. ft. (95%) 97,788 sq. ft. (94%)
N In DU (Required<30%) 5, I 50 sq. ft. (5%) 6, I 36 sq. ft. (6%)
Parking
Req u i red 2 I 2 s paces 2 I 3 s paces
Provided 218 spaces 218 spaces
�
a
��
ir'�_ -.
—'°�_ ,� +�'�'y � �..
� 4 =
. .I� � ���,x,�. � '�„,
' N ;`� � �P' �. _ _
�, � ��� � `� �� I � ,� •�".� ' !
, . - �, �� 0�� �
� �;
V" ' �, ' - � . �,.�� _
' , - . � ft
y ` � ek' y ^�� _+�.. . R�
� ���°' �
W; � — �
�. :3: � — — . . �
.� _ ,,� �
, r �� �,� v
—. {-:: �.�
_ � ��i . �:�
'-- - - I�i � iF.- � r-9— _
� �� ��
�� � � �J�� ��
� y 9 y5 °
����,# '� W � � -
� ��'�` � ,�� --.
� ���
- u ' �
'"�i. � � _.s
. �� .
Y
� ��1 �' y
� �„ � �
k ��
� . • , ,. � �' B
`� .�p� r,''� e � ��i ��W
� �;� �,.�� � � '- �_ —
, w �' � _
� . . _ I ,�,�r � �� ,� o—a° _�
�1, ' � n �kr � ��,.� ' �
i � �
� � ` — ��. � ��� �� + �`
� � � �-,�. ' �
- ��— � „�� �- '
��,� ��,�� �
! �, �
.. 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� �