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HomeMy WebLinkAbout2012-08-07 Agenda and Support Documentation Town Council Evening SessionVAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., AUGUST 7, 2012 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Recognition and thank you to Robert "Bob" McKown for his 16 years of combined service on the Commission on Special Events (CSE) and on the Local Licensing Authority (LLA), two volunteer boards for the Town of Vail. (Placeholder): (5 min.) PRESENTER(S): Sybill Navas 2. ITEM/TOPIC: Citizen Participation (15 min.) PRESENTER(S): Public 3. ITEM/TOPIC: Consent Agenda: 1) July 3 and 17, 2012 meeting minutes; 2) Bighorn Creek Utility Crossing Bid Award - Chad Salli; 3) Request to proceed through the process - lease for Mountain Standard 4) Resolution No. 26, Series of 2012 ERWSD IGA (15 min.) PRESENTER(S): Various 4. ITEM/TOPIC: Town Manager Report: Fire Department: Fire Restriction Update Eagle River Water & Sanitation District (ERWSD): Water Supply and Drought Update (5 min) PRESENTER(S): Various 5. ITEM/TOPIC: Second reading of Ordinance No.9, Series 2012, an ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund and Heavy Equipment Fund. (15 min.) PRESENTER(S): Kathleen Halloran ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 9, Series 2012 BACKGROUND: Please see attached memorandum 8/7/2012 STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 9, Series 2012 6. ITEM/TOPIC: Ordinance No. 2, Series of 2012, an ordinance amending Chapter 12-6, Residential Districts, Vail Town Code, pursuant to Section 12- 3-7, Amendment, Vail Town Code, to establish a new zone district, Vail Village Townhouse (VVT) District, and setting forth details in regard thereto; and Resolution No. 7, Series of 2012, amending Chapter VII, Vail Village Sub-Areas, East Gore Creek Sub-Area (#6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. (PEC110040, PEC110041) (15 minutes) PRESENTER(S): Bill Gibson, Community Development Department ACTION REQUESTED OF COUNCIL: The applicant requests that the Vail Town Council approves Ordinance No. 2, Series of 2012, on second reading. The applicant also requests that the Vail Town Council approves Resolution No. 7, Series of 2012. BACKGROUND: On November 14, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with modifications, to the Vail Town Council for the proposed Ordinance No. 2, Series of 2012, and , Resolution No. 7, Series of 2012, by a vote of 4-1-1 (Rediker opposed and Pratt recused). The purpose of the proposed ordinance is to establish a new zone district, the Vail Village Townhouse (VVT) District; and the purpose of the proposed resolution is to establish related design guidelines as part of the Vail Village Master Plan. The policy objectives of the new zone district and related design guidelines are as follows: - Streamlining the development review process by establishing a new zone district to specifically address townhouse properties. - Create incentives for redevelopment of existing townhouse properties. - Preserve the existing residential character of the townhouse properties and the neighborhood. 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 with the second reading of Ordinance No. 2, Series of 2012. The Vail Town Council held a subsequent public hearing on May 15th and a work session on July 17th to further deliberate the proposed new zone district. STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Vail Town Council approves the second reading of Ordinance No. 2, Series of 2012. The Planning and Environmental Commission also recommends the Vail Town Council approves Resolution No. 7, Series of 2012. 8/7/2012 7. ITEM/TOPIC: Resolution No. 25, Series of 2012, A Resolution Calling a Special Election for November 6, 2012, to be Coordinated with Eagle County, and Submitting Ballot Questions to the Registered Electors of the Town at the November 6, 2012 Special Election. (15 min.) PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: Approve, amend or deny Resolution No.25, Series of 2012. BACKGROUND: The Vail Town Council has determined that several changes to the Vail Town Charter are warranted. All amendments to the Vail Town Charter must be approved by the registered electors of the Town at a regular or special election. 8. ITEM/TOPIC: Adjournment (7:40 p.m.) 8/7/2012 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 7, 2012 ITEM/TOPIC: Recognition and thank you to Robert "Bob" McKown for his 16 years of combined service on the Commission on Special Events (CSE) and on the Local Licensing Authority (LLA), two volunteer boards for the Town of Vail. (Placeholder): PRESENTER(S): Sybill Navas 8/7/2012 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 7, 2012 ITEM/TOPIC: Citizen Participation PRESENTER(S): Public 8/7/2012 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 7, 2012 ITEM/TOPIC: Consent Agenda: 1) July 3 and 17, 2012 meeting minutes; 2) Bighorn Creek Utility Crossing Bid Award - Chad Salli; 3) Request to proceed through the process - lease for Mountain Standard 4) Resolution No. 26, Series of 2012 ERWSD IGA PRESENTER(S): Various ATTACHMENTS: Gore Creek Plaza Memorandum Resolution No. 26, Series of 2012 Bighorn Creek Utility Construction Award 8/7/2012 TO:Vail Town Council FROM:Community Development Department DATE:August 7, 2012 SUBJECT:A request to proceed through the development review process and enter into a license agreement for a proposal to constructand maintainprivate improvements (outdoor patio)on the Town of Vail ownedGore Creek Promenade, located on a portion of Tract A, Block 5B, Vail Village First Filing, adjacent to Gore Creek Plaza at 193 East Gore Creek Drive/ Part of Lot A, Block 5B, Vail Village Filing 1, and settingforth details in regard thereto. Applicant: Gore Creek Plaza LLC, represented by Matt Morgan Planner: Rachel Dimond I.DESCRIPTION OF REQUEST Permission to proceed through the development review process to allow for the following improvementson Gore Creek Promenade: Two outdoor patios encroaching 114square feet (east patio) and 135square feet (west patio) onto Town property Permission to enter into a license agreement with the Town of Vail for use and maintenance of town property for two outdoor patios II.DOES THE VAIL TOWN COUNCIL GRANT THE APPLICANT PERMISSION TO PROCEED THROUGH THE DEVELOPMENT REVIEW PROCESS? The VailTown Council shall approve, approve with conditions, or deny the applicant’s request for retroactive property owner authorization to proceed through the Town’s development review process. III.DOES THE VAIL TOWN COUNCIL GRANT THE APPLICANT PERMISSION TO ENTER INTO A LICENSE AGREEMENT WITH THE TOWN OF VAIL? The Vail Town Council shall approve, approve with conditions, or deny the applicant’s request to enter into a license agreement with the Town of Vail for use and maintenance of town property for two outdoor patios, totaling 249square feet. 3 - 1 - 1 8/7/2012 Town of VailPage 2 III.BACKGROUND Blu’s Restaurant was granted a lease agreement with the Town of Vail for use of town property for an outdoor patio in 1988. The agreement has been renewed every five years since that original agreement. The applicant, Gore Creek Plaza, LLC, represented by Matt Morgan, submitted Design Review Board (DRB) and Planning and Environmental Commission (PEC) applications to facilitate the combination of two commercial spaces (formerly Blu’s and Gore Creek Fly Fisherman/ North Face) into one new restaurant. On July 18, 2012, the DRB approved a minor exterior alteration with the condition that the Planning and Environmental Commissionapproves a minor exterior alteration and conditional use permit. On July 23, 2012, the PEC approved a minor exterior alteration for modification of roofline, a new outdoor dining area and modification to an existing outdoor dining area and a conditional use permit for outdoor patios, with the condition that the applicant obtain approval from the Vail Town Council for a license agreement prior to issuance of a building permit for any work on town property. IV.RECOMMENDATION Should the Vail Town Council choose to approvethe applicant’s requests, Staff recommends the Council pass the following motion: “The Vail Town Council, on behalf of the property owner, approvesthe applicant’s request to proceed through the development review process and enter into a license agreement for a proposal to construct and maintain private improvements (outdoor patio) on the Town of Vail owned Gore Creek Promenade, located on a portion of Tract A, Block 5B, Vail Village First Filing, adjacent to Gore Creek Plaza at 193 East Gore Creek Drive/ Part of Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto.” V.ATTACHMENTS A. Vicinity map B. Letter to Vail Town Council from applicant C. Architecturalplans D. Rendering of proposed exterior 3 - 1 - 2 8/7/2012 BRIDGE ST G O R E CRE E K DR WI LLO W BR IDG E RD WAL L ST WILLOW PL WIL L O W R D Gore Creek Plaza 0 150 75 Feet Vail Village Filing 1, Block 5B,Vail Village Filing 1, Block 5B,Part of Tract APart of Tract A (193 Gore Creek Drive - Gore Creek Plaza)(193 Gore Creek Drive - Gore Creek Plaza)This map was created by the Town of Vail GIS Team. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the info rmation contained herein. (where shown, parcel line work is approximate)Last Modified: July 17, 2012 3 - 1 - 3 8/7/2012 3 - 1 - 4 8/7/2012 4'-0" MO 5'-0" [VIF] 3'-0" MO 1'-0" 5'-8" 2'-6" 4'-4" 1'-8 1/2" 5'-0" 4'-0" 6'-6" [CLR] [E] ELEVATORE01 SERVER STATION114 DISHWASHING112 ICE 113HALL115 ADA WASHROOM119 BEER COOLER123 WASHROOM116 JANITOR111 ADA WASHROOM118 115A 116 117 111 115B 108 119 118 POS STATION103 HALL108 WASHROOM117 3 - 1 - 5 8/7/2012 GORE CREEK PROMENADE NEW WEST PATIO [135 sf TOTAL]:TOWN PROPERTY TO BE LEASED FOR OUTDOOR PATIO- APPROX.135 SQUARE FEET CENTERLINE OF CREEKSETBACK EXISTING TURFED AREA NEW PAINTED STEEL RAILINGSFIXED INTO RECESSED STEELTUBE SLEEVES NEW PAINTED STEEL RAILINGSFIXED INTO RECESSED STEELTUBE SLEEVES EXISTING LANDSCAPING 3 - 1 - 6 8/7/2012 View of North Exterior ElevationNOTE: RESTAURANT LOGO[TBD] LASER ETCHED ORSANDBLASTED ON DOORSURFACE. 3 - 1 - 7 8/7/2012 Resolution No. 26, Seiries of 2012 RESOLUTION NO. 26 Series of 2012 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE EAGLE RIVER WATER AND SANITATION DISTRICT; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the “Charter”); WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly elected and qualified; WHEREAS, the Eagle River Water and Sanitation District (the “ERWSD”) is empowered to provide water and sewer service to its customers and constituents within and without its boundaries, within Eagle County, Colorado, on such terms and conditions as the ERWSD may decide; WHEREAS, ERWSD wishes to relocate its water main along Spruce Way Road; WHEREAS, the Town wishes to replace the Bighorn Creek culvert along Spruce Way; WHEREAS, the Town and ERWSD wish to combine their construction efforts to achieve cost sharing and cost savings benefits, minimize disruption to the neighborhood and to allow the installation of infrastructure projects to be phased in logical sequence; and WHEREAS, the Council’s approval of Resolution No. 26, Series 2012, is required to enter into an IGA. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA with the ERWSD on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 8th day of August, 2012. _________________________ Andrew P. Daly Town Mayor ATTEST: _____________________________ Lorelei Donaldson, Town Clerk 3 - 2 - 1 8/7/2012 {00194223.DOC / 2} 2 EXHIBIT A ITERGOVERMETAL AGREEMET FOR SPRUCE WAY WATER MAI RELOCATIO – BIGHOR CREEK THIS AGREEMENT is made and entered into this ______ day of ____________ 2012, by EAGLE RIVER WATER AD SAITATIO DISTRICT, a quasi- municipal corporation and political subdivision of the State of Colorado, (“District”) and the TOW OF VAIL, a political subdivision of the State of Colorado (“Town”). Collectively these entities are also referred to as the “Parties”. RECITALS WHEREAS, Eagle River Water and Sanitation District is a water and sewer District organized and existing under the Colorado Special District Act; and WHEREAS, the District is empowered to provide water and sewer service to its customers and constituents within and without its boundaries, within Eagle County, Colorado, on such terms and conditions as the District may decide; and WHEREAS, the Town of Vail is a Colorado municipality organized and operated pursuant to its home rule charter and Colorado law; and WHEREAS, Section 18(2)(a) and (b), Article XIV of the Colorado Constitution, Section 29-1-203, C.R.S., and Section 32-1-1001, C.R.S., provide for the ability of the Parties to enter into contracts and agreements with one another to provide intergovernmental services and facilities, when so authorized by their governing bodies; and WHEREAS, the Constitution and statutes of the State of Colorado permit and encourage agreements between political subdivisions of the State, in order that the inhabitants of such political subdivisions may thereby secure high quality governmental services; and WHEREAS, it is recognized by the Parties, that the public health, safety and welfare of their inhabitants is best served by providing high quality water and sewer and services; and WHEREAS, the District wishes to relocate its water main along Spruce Way Road (“Water Main Replacement Project” or “District Project”); and 3 - 2 - 2 8/7/2012 {00194223.DOC / 2} 3 WHEREAS, the Town wishes to replace the Bighorn Creek Culvert along Spruce Way (“Street Improvements Project” or “Town Project”); and WHEREAS, the Parties wish to combine their construction efforts to achieve cost sharing and cost savings benefits, minimize disruption to the neighborhood and to allow the installation of infrastructure projects to be phased in logical sequence. The Parties desire for the District’s Water Main Relocation Project and the Town’s Culvert Replacement Project to be administered, constructed and installed, to the extent provided for herein, as one project (collectively, the “Project”); and WHEREAS, each of the Parties hereto desires to work together to authorize and accomplish the construction of the Project; and WHEREAS, each of the Parties hereto has determined it to be in the best interests of their respective taxpayers, residents, property owners, and constituents to enter into this Agreement. OW, THEREFORE, in consideration of the mutual performance of the covenants, agreements, and stipulations contained herein, and for other good and valuable consideration, the Parties hereto agree as follows: Cooperation. The Parties agree to cooperate in the planning, design, construction, inspection, cost and expense sharing, administration and warrantee phases of the Project referenced in this Agreement and to cooperate and facilitate the combined efforts including, but not limited to the execution of any additional agreements, easements, and rights-of-way necessary to implement the purposes of this Agreement. Design Costs. The District and the Town have separate agreements with Frachetti Engineering, Inc. (Frachetti) of Greenwood Village, Colorado and River Restoration (RR) of Glenwood Springs Colorado, respectively, for the project design work. The District agrees to pay its portion of the Project design costs to Frachetti per its agreement with Frachetti. The Town agrees to pay its portion of the Project design costs to RR per its agreement with RR. Project Management: The Town will provide a construction management representative (“Town Construction Manager”) to coordinate the construction work, provide clarifications to the Contractor and review and approve proposed field changes, cost changes and time changes in a timely manner. The District will provide a construction management representative (“District Construction Manager”) to coordinate execution of the District’s portion of the Project with the Town Construction Manager as required herein. With respect to communications with Project Contractor, 3 - 2 - 3 8/7/2012 {00194223.DOC / 2} 4 suppliers and consultants, the District Construction Manager shall not have authority to bind, or otherwise affect the obligations of, the Town. Construction Contract. The Town administered a competitive bid process for the construction of this Project under the title “Bighorn Creek Utility Crossing”. The bid documents included items designed for and approved by the District. Icon Inc. was the lowest responsive, responsible bidder, and the Town has entered into a contract with Icon Inc. (“Contractor”). A copy of Icon Inc.’s bid tabulation dated July 31, 2012 is included as Attachment B. The Town will coordinate and supervise the Project, and will be the Owner as defined in the construction contract. The Town will coordinate the construction work, provide clarifications to the Contractor, and work with the Parties regarding any change orders or modifications to the construction contract. No work for the District outside of the construction contract will be commenced without approval by the District Construction Manager. Construction Inspection. The Town Construction Manager will be responsible for construction inspection of its portion of the Project. The District Construction Manager will be responsible for construction inspection of its portion of the project. Geotechnical Testing. The Town will pay for geotechnical testing costs associated with its portion of the Project. The District will either reimburse the Town for geotechnical testing associated with its portion of the Project, or contract directly with a Geotechnical testing firm. Cost Sharing. The Town agrees to pay all costs to the Contractor for the Project. The Town will invoice the District on a monthly basis for the District’s portion of the work based on work accomplished per the Contractor’s invoices and the value of the work listed in Attachment A. The District will reimburse the Town for the invoiced work within 30 days. The District represents that it has appropriated sufficient funds to pay in full its obligations hereunder. Change Orders. Any change orders that arise during construction related to the Town portion of the Project will be negotiated between the Town and the Contractor. Any change orders that arise during construction related to District’s portion of the Project will be reviewed by the Town and District Construction Manager prior to approval. Change order work will be completed by the Contractor at contracted unit costs, lump sum costs 3 - 2 - 4 8/7/2012 {00194223.DOC / 2} 5 agreed to in advance, on a cost-plus basis or as otherwise set forth in the construction contract. Additionally, the District Construction Manager will review plans and approve change orders in a timely manner. Neither the Town nor its Contractor will commence any work outside of the contracted items for which it expects reimbursement from the District without the prior approval of the District’s Construction Manager. Project Meetings. The Town will make a good faith effort to invite a representative of the District to meetings concerning the Project, and otherwise provide open communications throughout the Project. Warranties. For any work that the District determines does not conform to the Project or District Rules and Regulations and the specifications set forth therein, or needs to be completed under warranty conditions (where the applicable warranty has not been transferred to the District), the District shall notify the Town and the Town will notify the Contractor under the terms of the Town’s agreement with the Contractor. Transfer of Warranties and Enforcement Powers. Town will use its best efforts to obtain, in writing, requisite warranties of at least a TWO-YEAR period from Contractor for workmanship and/or materials for facilities, infrastructure, and appurtenances constructed for the Project. The Town will make its best effort to transfer warranties for the District’s portion of Project facilities, infrastructure, and appurtenances to the District. If the Town is not able to transfer warranties to the District, the Town will retain the warranties and cooperate with the District to enforce such warranties at no cost to the Town. Enforcement. The Parties agree that this Agreement may be enforced in law or in equity for specific performance, injunctive, or other appropriate relief, including damages, as may be available according to the laws and statutes of the State of Colorado. It is specifically understood that by executing this Agreement each Party commits itself to perform pursuant to the terms contained herein, and that any breach hereof which results in any recoverable damages shall not cause the termination of any obligations created by this Agreement unless such termination is declared by the Party not in breach hereof. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Colorado. 3 - 2 - 5 8/7/2012 {00194223.DOC / 2} 6 Venue. Venue for the trial of any action arising out of any dispute hereunder shall be in the District Court for Eagle County, State of Colorado, pursuant to the appropriate rules of civil procedures. Captions. The headings and sections and paragraphs are included only for convenience and reference. If any conflict between any heading and the text of this Agreement exists, the text shall control. Binding Agreement upon Successors and Assigns. This Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. Interested Persons. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or corporation or governmental entity other than the District and the Town, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained, nor limit in any way the powers and responsibilities of the Town, the District, or any other entity not a party hereto. Notices. All notices, requests, demands, consents and other communications hereunder shall be transmitted in writing and shall be deemed to have been duly given when hand-delivered or sent by certified, United States mail, postage prepaid, with return receipt requested, addressed to the parties as follows: 3 - 2 - 6 8/7/2012 {00194223.DOC / 2} 7 Stan Zemler, Town Manager Town of Vail 75 South Frontage Road Vail, Colorado 81657 With a Copy to: Matt Mire, Town Attorney Town of Vail 75 South Frontage Road Vail, Colorado 81657 Eagle River Water and Sanitation District Linn Brooks, General Manager 846 Forest Road Vail, Colorado 81657 With a Copy to: James P. Collins, Esq. Collins Cockrel & Cole 390 Union Boulevard, Suite 400 Denver, Colorado 80228-1556 Either party may change the address at which it receives written notice, by notifying the other party in writing in the manner provided herein. Severability. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to either Party or as to both Parties, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provisions shall be fully severable and this Agreement shall be construed and enforced as if such invalid provisions had never been inserted into this Agreement. Waiver. The waiver of any breach of any of the provisions of this Agreement, by any party, shall not constitute a continuing waiver of any subsequent breach by that party, either of the same, or of another provision of this Agreement. 3 - 2 - 7 8/7/2012 {00194223.DOC / 2} 8 Amendment. This Agreement may be amended, modified, changed, or terminated in whole or in part only by written agreement duly authorized and executed by the Parties hereto. Duplicate Originals. This Agreement may be executed in counterparts, each of which shall be an original, but all of which together, shall constitute one and the same agreement. Separate Entity Status. In no event shall either party, its employees or its representatives, be considered or authorized to act as employees or agents of the other party. Indemnification. Each party, to the extent permitted by law and subject to all of the immunities, defenses and protections afforded to that party by the Colorado Governmental Immunity Act, shall indemnify and hold harmless, the other party, its officers, directors, employees and agents from and against any claims including attorneys fees, arising out of the negligence of the officers, employees or agents of the indemnifying party and rising out of the performance of services under this Agreement. Force Majeure. No party shall be liable for any failure to perform as required by this Agreement to the extent such failure to perform is caused by any reason beyond the control of that party or by reason of any of the following occurrences, whether or not caused by such party: strikes, labor disturbances or labor disputes of any character, accidents, riots, civil disorders or commotions, war, acts of aggression, floods, earthquakes, acts of God, explosion or similar occurrences; provided, such party shall exercise its best efforts to provide the best possible alternative performance and to prevent the foregoing occurrence from obstructing full performance. Such occurrences shall not terminate this Agreement and shall not affect this Agreement except as provided in this Section. Entire Agreement of the Parties. This Agreement represents the full and complete understanding of Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of Parties with respect to the subject matter contained herein. 3 - 2 - 8 8/7/2012 {00194223.DOC / 2} 9 I WITESS WHEREOF, the Parties hereto have caused this Agreement to be effective as of the date and year first above written. EAGLE RIVER WATER AND SANITATION DISTRICT By: Linn Brooks, General Manager Attest: Leslie Isom, Administration Manager TOWN OF VAIL By: Stan Zemler, Town Manager Attest: Lorelei Donaldson, Town Clerk APPROVED AS TO FORM Matt Mire, Town Attorney 3 - 2 - 9 8/7/2012 {00194223.DOC / 2} ATTACHMET A (COST SHARIG BREAKDOW) 3 - 2 - 10 8/7/2012 Resolution No. 9, Series 2012 ATTACHMET B (ICO IC. BASE BID SCHEDULE DATED JULY 31, 2012) 3 - 2 - 11 8/7/2012 To: Town Council From: Public Works Date: July 31, 2012 Subject: Bighorn Creek Utility Crossing Project I. ACTION REQUESTED OF COUNCIL Staff requests Town Council to authorize the Town Manager to enter into an agreement with Icon Inc. to complete the Bighorn Creek Utility Crossing Project in the amount of $259,488.98. II. BACKGROUND The Bighorn Creek culvert under Spruce Way has seen significant erosion during the 2010 and 2011 spring runoffs. The Vail 2010 Flood Assessment report, prepared by River Restorations, has identified the Spruce Way crossing over Bighorn Creek to be in critical condition. The culvert replacement project is a joint project between the Town and the Eagle River Water and Sanitation District (ERWSD). The ERWSD will replace the water and sewer main under the culvert crossing. The Town and ERWSD received bids on July 31, 2012 from three contractors with Icon Inc. the low bidder. Icon Inc. $259,488.98 Ted Seipel Construction Inc $323,578.19 Shoup Land Development Inc $380,000.00 The project is budgeted and scheduled for an October 15, 2012 completion. III. Staff Recommendations Staff recommends authorizing the Town Manager to enter into a contract, in a form approved by the Town Attorney, with Icon Inc. in the amount of $259,488.98 in order to complete the work. 3 - 3 - 1 8/7/2012 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 7, 2012 ITEM/TOPIC: Town Manager Report: Fire Department: Fire Restriction Update Eagle River Water & Sanitation District (ERWSD): Water Supply and Drought Update PRESENTER(S): Various 8/7/2012 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 7, 2012 ITEM/TOPIC: Second reading of Ordinance No.9, Series 2012, an ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund and Heavy Equipment Fund. PRESENTER(S): Kathleen Halloran ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 9, Series 2012 BACKGROUND: Please see attached memorandum STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 9, Series 2012 ATTACHMENTS: 2nd reading Ord 9 8/7/2012 TO: Vail Town Council FROM: Finance Department DATE: August 1, 2012 SUBJECT: Ordinance 9 – 2nd Supplemental of 2012 I. SUMMARY Second reading of Ordinance No. 9, Series 2012 II. DISCUSSION The following changes have occurred since the first reading of this ordinance: General Fund: • Both revenue and expenditure budgets were increased for the following: - $5,000 Crown Castle legal expense and reimbursement - $6,890 overtime expense and reimbursement from fire deployments • Revenue from Grand View room bookings is estimated at $60,000 Capital Projects Fund: • Due to recent activity, Construction Use Tax projections have increased and the budget will be amended for total annual revenue of $1.0 million. • Installation of a movable gate near the skier parking drop-off in the LionsHead Parking Structure. This will allow customers to drop off skiers/equipment and then proceed directly into the parking structure through this proposed gate. It will enhance customer service and decrease traffic issues in the drop-off area. Estimated cost is $30,000. 5 - 1 - 1 8/7/2012 20122012 Original1st 20122ndProposed BudgetSupplementalAmendedSupplementalAmendedComments Revenue Local Taxes:17,800,000$ -$ 17,800,000$ 1,100,000$ 18,900,000$ Based on year to date collections Sales Tax Split b/t Gen'l Fund & Capital Fund61/3961/3961/39 Sales Tax10,859,000$ -$ 10,859,000$ 671,000$ 11,530,000$ Property and Ownership4,232,000 - 4,232,000 - 4,232,000 Ski Lift Tax3,492,000 - 3,492,000 - 3,492,000 Franchise Fees, Penalties, and Other Taxes1,112,753 - 1,112,753 (75,000) 1,037,753 Xcel Energy reducing future payments to offset prior overpayment Licenses & Permits955,000 - 955,000 200,000 1,155,000 Based on year to date collections of construction permits Intergovernmental Revenue1,911,250 - 1,911,250 - 1,911,250 Transportation Centers4,425,000 - 4,425,000 (586,000) 3,839,000 Based on year to date collections in parking structures Charges for Services 774,850 - 774,850 24,746 799,596 Reimbursement for wildfire deployments Fines & Forfeitures325,000 - 325,000 - 325,000 Earnings on Investments116,900 - 116,900 - 116,900 Rental Revenue869,816 - 869,816 60,000 929,816 Grand View estimated revenue Miscellaneous and Project Reimbursements207,000 25,000 232,000 70,000 302,000 Reimbursement for EverVail expenses $15K; Use of library grant dollars for technology updates within the library $50K; $5K Crown Castle legal fee reimbursement Total Revenue29,280,569 25,000 29,305,569 364,746 29,670,315 Expenditures Salaries 13,679,222 - 13,679,222 30,649 13,709,871 Fire deployments $20.6K (reimbursement above); summer express bus additional service $10K Benefits 4,597,131 - 4,597,131 3,265 4,600,396 Wildfire deployments Subtotal Compensation and Benefits18,276,353 - 18,276,353 33,914 18,310,267 Contributions and Special Events1,383,318 105,000 1,488,318 44,900 1,533,218 $24.9K Air service guarantee and $20K off-cycle contributions All Other Operating Expenses6,222,776 158,950 6,381,726 170,850 6,552,576 Grand View contract and free events budget $70K; VVI loading & delivery elevator contribution $25K; EverVail legal $15K, inspection contract $21.6K, and $25K deductible expense for bus accident; $4,250 assessment VVI condo; $5K parking enforcement contract; $5K Crown Castle legel exp (reimbursed) Heavy Equipment Operating Charges2,253,304 - 2,253,304 25,000 2,278,304 Additional express bus service - summer Heavy Equipment Replacement Charges547,008 - 547,008 - 547,008 Dispatch Services575,706 - 575,706 - 575,706 Total Expenditures29,258,465 263,950 29,522,415 274,664 29,797,079 Revenue Over (Under) Expenditures22,104 (238,950) (216,846) 90,082 (126,764) Transfer to Capital Projects Fund- - - (50,000) (50,000) Transfer Library grant dollars to remodel project 2015 World Alpine Ski Championships(250,000) - (250,000) - (250,000) Pro-cycling event(75,000) 75,000 - - - 2015 Nation's Event(375,000) - (375,000) - (375,000) Vail's 50th Anniversary (250,000) - (250,000) (100,000) (350,000) Includes the additional $100K requested off-cycle Total Expenditures30,208,465 188,950 30,397,415 424,664 30,822,079 Surplus Net of Transfers & New Programs(927,896) (1,091,846) (1,151,764) Beginning Fund Balance21,645,224 1,901,061 23,546,285 - 23,546,285 Ending Fund Balance20,717,328$ 22,454,439$ 22,394,521$ EHOP balance included in ending fund balance - not spendable690,000$ 690,000$ 690,000$ TOWN OF VAIL 2012 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND - 2 - 5 - 1 - 2 8/7/2012 20122012 Original1st 20122ndProposed BudgetSupplementalAmendedSupplementalAmendedProject Information Revenue Total Sales Tax Revenue:21,362,830$ -$ 21,362,830$ 1,100,000$ 22,462,830$ Sales Tax Split between General Fund & Capital Fund 61/3961/3961/3961/39 Sales Tax - Capital Projects Fund6,941,000$ -$ 6,941,000$ 429,000$ 7,370,000$ Based on YTD collections Use Tax515,000 - 515,000 485,000 1,000,000 Based on YTD collections Federal Grant Revenue- 828,000 828,000 - 828,000 2012:$828K for bridge reconstruction Lease Revenue188,160 - 188,160 - 188,160 Per Vail Commons commercial and residential leases Employee Housing Fee-In-Lieu- 70,000 70,000 70,000 Recognize YTD collections Project Reimbursement- 174,435 174,435 174,435 2012: $111K shared costs for I-70 Noise projects (homeowners $8K, CDOT $93K and ERWSD $10K); $28,783 energy rebates; $34,652 reimb from VRD for tenant finishes in Welcome Center office space Earnings on Investments and Other67,500 - 67,500 - 67,500 Total Revenue7,711,660 1,072,435 8,784,095 914,000 9,698,095 Maintain Town Assets Bus Shelters 30,000 - 30,000 - 30,000 Annual maintenance; New shelter at Simba Run Parking Structures640,000 - 640,000 30,000 670,000 $30K for moveable gate near skier drop off in LH; Various repairs including deck topping replacement, expansion joint repairs, ventilation, HVAC, plumbing and other structural repairs; Since 2010 there is an offset from VRA (see transfer near bottom of sheet); Starting in 2012 there are estimated energy savings of $50K per year Facilities Capital Maintenance815,000 129,799 944,799 - 944,799 Re-appropriate $129K to continue replacement of Bus Barn garage doors; 2012: $152K air handling unit for Municipal bldg; $83K repairs to wood siding, $50K PW shop garage doors and $18K exhaust system at PW Shops; $75K snowmelt boiler system repairs; $38K for Transit office floors and walls; $30K for Comm Dev floors and walls; $30K for Library wood siding and window repairs; Some energy savings $25K per year for 2012 and 2013 Gore Range Condo Units 2E & 3W- - - 30,000 30,000 Gore Range Townhomes special assessment for exterior improvements such as stairways and decks Creekside Housing Improvements385,000 - 385,000 - 385,000 Need to gut plumbing; electrical wiring; roofing, etc.; asbestos and mold remediation; 4 units were completed in 2010; 4 in 2011; complete remaining 4 units in 2012 and replace exterior siding, stairs and decks Donovan Park Pavilion50,000 - 50,000 - 50,000 2012: $50K furniture replacement; 2014: $400K to change ventilation & improve noise and $270K to replace heating/air system; 2016 $50K furniture replacement Street Light Improvements 50,000 - 50,000 - 50,000 New street lights and to refurbish residential lighting Capital Street Maintenance1,000,078 - 1,000,078 - 1,000,078 On-going maintenance to roads and bridges including asphalt overlays, patching and repairs; 2012 - 2014 were previously updated for recent bid prices (savings of $925K); Assumes that we do not see a dramatic increase from current prices and that reconstruction of neighborhood roads and bridges occurs (without reconstruction, maintenance costs will increase) Relocation of Recycling Center- - - 140,000 140,000 Relocation of recycling center currently at Community Development parking area; This project will be completed prior to the municipal site redevelopment Flood incident repairs- 349,192 349,192 - 349,192 Relating to flood repairs: Reconstruct a portion of Rockledge drainage improvements, Big Horn Creek culvert repair/replacement at Columbine and Spruce Way, Booth Creek improvements to mitigate future flooding of culverts, tennis courts and playgrounds. Fire Truck Replacement590,000 - 590,000 - 590,000 2012 replace pumper truck from 1994; 2014 replace pumper truck from 1999 Town-wide camera system12,000 - 12,000 - 12,000 $12K per year for replacement of cameras and recorders (49 cameras and 3 recorders around town so far; will be adding for Transit and Welcome Centers); Recorders cost $7-8K each; cameras range from $800 - $3800 each Document Imaging30,000 75,000 105,000 - 105,000 Supplement for continuation of historical scanning (outside vendor); 2012: Purchase of storage devices ($20K) remainder for increased scanning and storage in preparation for the municipal relocation/move (Finance, Comm Dev) Software Licensing40,000 - 40,000 - 40,000 Annual renewal of software licenses Hardware Purchases48,000 46,000 94,000 - 94,000 Upgrade Microsoft products on all equipment; renew licenses in future; Costs have increased from vendors; 2012 addition: $16K Ipads purchased for boards; $30K relating to accelerated projects due to move, mainly related to the town's remote desktop server, or RDS TOWN OF VAIL 2012 BUDGET CAPITAL PROJECTS FUND SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE - 3 - 5 - 1 - 3 8/7/2012 20122012 Original1st 20122ndProposed BudgetSupplementalAmendedSupplementalAmendedProject Information TOWN OF VAIL 2012 BUDGET CAPITAL PROJECTS FUND SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE Data Center (Computer Rooms)15,000 - 15,000 - 15,000 Based on annual replacement schedule of security and power systems for 3 computer rooms Website and e-commerce29,000 32,700 61,700 - 61,700 Re-appropriate to continue website redevelopment; Internet security & application interfaces Comm Dev ArcGIS System- - - - - Web access to town GIS information (similar to County's website GIS product) Fiber Optics in Buildings23,000 - 23,000 - 23,000 Cabling / Network Infrastructure; to repair, maintain & upgrade Network upgrades35,000 - 35,000 - 35,000 Computer network systems - replacement cycle every 3-5 years Phone System Infrastructure35,000 - 35,000 - 35,000 Replace infrastructure for 15-year old phone system; Full cost to replace the phone system currently on unfunded list until Municipal site redevelopment decision Public Safety System59,000 - 59,000 - 59,000 Annual capital maintenance of "County-wide "Computer Aided Dispatch/Records Mgmt System" ; includes patrol car and fire truck laptops and software used to push information to TOV and other agencies; TOV portion of Intergraph software maintenance Business Systems Replacement175,000 225,000 400,000 - 400,000 Replace 15-year old financial system; continued support to current system questionable; better technology; $17K for Comm Dev Permit system update Radio Tower (Vail R56)- 30,000 30,000 30,000 60,000 Town's portion of wireless communication equipment upgrade - Radio tower will be replaced and location moved from outside of Council chambers to outside of Dispatch center; Offset by Dispatch $10K below Intergraph software upgrade- 80,000 80,000 - 80,000 Re-appropriate for TOV portion of upgrade to computer-aided dispatch system - project scheduled for Fall '12 Police breathalizer replacement10,000 - 10,000 - 10,000 State mandated replacement of 13-yr old equipment; may eventually be offset with grant revenue Police rifle replacement21,250 - 21,250 - 21,250 Replacement of 21-year old rifles (17 units) Total Maintenance4,092,328 967,691 5,060,019 230,000 5,290,019 Enhancement of Town Assets CDOT Required Parking630,000 - 630,000 - 630,000 Pending discussion with Vail Resorts re: sharing costs. 2012: LionsHead and guardrail in West Vail on N. Ftg Rd; 2013: Cascade; 2014: Safeway and Vail Village Vail Village Info Booth1,100,000 - 1,100,000 - 1,100,000 Remodel, including addition of restrooms and some guest enhancement Vail Village Info Booth pull in lane250,000 - 250,000 - 250,000 Pull off lane in front of Vail Village info booth for short term parking and to provide an area for an RV or larger vehicle to pull in for information LionsHead Info Booth- - - 35,000 35,000 Proposed demolition of old LionsHead Information Center Guest Services Enhancements/Wayfinding1,100,000 269,156 1,369,156 354,700 1,723,856 Transferred from Welcome Center project based on Council-approved plan in 2011 for expenses relating to design and hard cost of media, signage, etc. Guest information improvements town-wide, including pedestrian signage, parking structures, banners at VV & LH Main Vail Fire Station- 50,000 50,000 100,000 150,000 Design/architecture for remodel of Main Vail station as approved by Council on June 5th; Full project included in 2013 budget Energy Enhancements- 1,133,021 1,133,021 - 1,133,021 Implementation of energy audit enhancements (includes reimb from VRA, RETT, and GF); Fire Equipment32,000 - 32,000 - 32,000 $12K Thermal image camera for new truck; $20K set of equipment for ladder truck East Meadow Drive-Streetscape- 380,000 380,000 - 380,000 Work approved by Council April 3rd; Reconstruction of E. Meadow Drive bus path from La Bottega to start of Solaris Neighborhood Road Reconstruction- 10,000 10,000 - 10,000 Re-appropriate $10K to cover design costs spent to get the Vail Valley Dr.project ready to bid (project has been delayed); 2013-2016 East Vail roads; Increase of $425K in 2013 for shared project with ERWSD on Rockledge Rd 2013 also includes $200K for planning / design of roadwork in 2014-2016 Neighborhood Bridge Reconstruction- 1,051,815 1,051,815 100,000 1,151,815 Matterhorn Bridge reconstruction delayed due to CDOT fiscal year and requirements; Partial funding from federal grant; Nugget Lane and Bridge Rd bridges design in 2013 and construction in 2014 to coincide with federal grants. Council approved a budget increase on July 3rd Radio Equipment replacement (pub. works, pub. safety)48,000 - 48,000 - 48,000 Replacement of 2008 radios for PW, Fire, PD Hybrid Bus Battery Replacement55,000 - 55,000 - 55,000 Scheduled replacement: 1 in 2012; 7 in 2014; Estimated life of 6 years Replace Buses- 1,245,978 1,245,978 - 1,245,978 2012: 2 Hybrid buses ordered in 2011; take delivery in 2012 Timber Ridge Legal/Zoning- 17,315 17,315 - 17,315 Continuation of negotiations Total Enhancements3,215,000 4,157,285 7,372,285 589,700 7,961,985 New Assets Municipal Redevelopment- 760,209 760,209 120,000 880,209 Estimated costs for architecture and design $513K plus project management $247K; Based on approved contracts; $120K for developer agreement with Triumph - 4 - 5 - 1 - 4 8/7/2012 20122012 Original1st 20122ndProposed BudgetSupplementalAmendedSupplementalAmendedProject Information TOWN OF VAIL 2012 BUDGET CAPITAL PROJECTS FUND SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE Welcome Center (VRA)304,700 973,444 1,278,144 (354,700) 923,444 Continuation of the project; Includes $34K reimbursement from VRD for tenant finishes;Funded by the Vail Reinvestment Authority (see Transfers below); Transferring $354.7K to Guest Service Enhancement project above based on Council approved plan from 2011 East LionsHead Portal (VRA)2,075,000 41,289 2,116,289 - 2,116,289 Re-appropriation; Design work approved by Council Feb 1st; Originally budgeted entire project in 2012; Funded by the Vail Reinvestment Authority (East LH Circle) West LionsHead Portal (VRA)750,000 22,500 772,500 - 772,500 Re-appropriation; Design work approved by Council Feb 1st; Originally budgeted entire project in 2012; Funded by the Vail Reinvestment Authority (Concert Hall Plaza) Library Remodel (VRA)1,600,000 451,728 2,051,728 50,000 2,101,728 $50,000 use of Library grant dollars for additional technology enhancements to community room; Re-appropriation plus $350K additional approved by Council March 20th; Funded by the Vail Reinvestment Authority (see Transfers below); This project would add additional community space on main level, with offices and community room on basement level; includes elevator as required by code Sundial Plaza (VRA)850,000 - 850,000 - 850,000 Fountain needs to be removed or significant repairs/replacement; Stairways; Adjoining park could be improved rather than try to find a location for a new LH park. A "new" LH park was on Unfunded list for $800K; $285K of this amount would be to improve the connection of walkways up toward First Chair West Vail Fire Station - 7,500 7,500 - 7,500 Final bills for West Vail Fire Station Buy-down Program- 552,118 552,118 - 552,118 Carry forward program funding Buy-down Program Funded by Pay -in-Lieu- 537,803 537,803 - 537,803 Carry forward current balance of program funding: Housing funded directly by Pay-in-Lieu fees collected from developers; $70K increase based on 2012 YTD collections Variable Message Signs / Way-Finding Improvements 100,000 49,954 149,954 - 149,954 2012: replacement of two ramp signs at Main Vail ($200K) I-70 Noise- 350,183 350,183 - 350,183 Re-appropriate for utility relocation for Bald Mountain berm extension Underground Utility improvements- 121,200 121,200 - 121,200 Re-appropriate for continuation of projects: East Vail on Bighorn Rd and Golf Course to Ford Park; Reimbursements from homeowners totaling $55,000 ($5K from East Vail and $50K from residents near golf course), Vail Rec District ($15K) and Holy Cross directly funding $43,000 for East Vail project Total New Assets:5,679,700 3,867,928 9,547,628 (184,700) 9,362,928 Total Capital before Financing12,987,028 8,992,904 21,979,932 635,000 22,614,932 Debt Service and Financing Debt Service on Outstanding Bonds2,088,346 - 2,088,346 - 2,088,346 Annual debt service payments Timber Ridge Debt Service Guarantee- 925,000 925,000 - 925,000 Annual debt service guarantee - requirement of TR debt Total Debt Service and Financing:2,088,346 925,000 3,013,346 - 3,013,346 Total Expenditures15,075,374 9,917,904 24,993,278 635,000 25,628,278 Other Financing Sources (Uses) Transfer from Vail Reinvestment Authority6,546,700 2,488,874 9,035,574 - 9,035,574 2012: LH Portal improvements $2.9M, Sundial plaza $850K, $2.0 Library remodel, CDOT-Required parking $102K in LH, LH Pkg mtc $365K, LH Welcome Center $1.1M, Guest Svcs $710K; Energy enhancements $953K; Transfer from General Fund- - - 50,000 50,000 Transfer from GF from Library grants for Library renovation of community room Transfer from Dispatch Fund- - - 10,000 10,000 Transfer from Dispatch for Radio Tower project Revenue Over (Under) Expenditures(817,014) (6,356,595) (7,173,609) 339,000 (6,834,609) Beginning Fund Balance8,988,8309,459,90918,448,739- 18,448,739 Ending Fund Balance8,171,816 11,275,130 11,614,130 *Promissory note due from Childrens' Garden of Leaning included in ending fund balance - not spendable 5,000 5,000 5,000 - 5 - 5 - 1 - 5 8/7/2012 20122012 Original1st 20122ndproposed BudgetSupplementalAmendedSupplementalAmendedComments Real Estate Transfer Tax 3,835,000$ -$ 3,835,000$ -$ 3,835,000$ 2012 "base" sales 20% less than 2010 Golf Course Lease126,888 - 126,888 - 126,888 Annual lease payment from Vail Recreation District 2% annual increase - deposited to "Recreation Enhancement Account" (accompanying expenditure listed below) Intergovenmental Revenue20,000 - 20,000 - 20,000 $20K Lottery fund proceeds Project Reimbursements15,000 1,150,000 1,165,000 - 1,165,000 2012 VRD portion for Golf Course Clubhouse construction Recreation Amenity Fees10,000 - 10,000 - 10,000 Earnings on Investments and Other68,000 - 68,000 - 68,000 Total Revenue4,074,888 1,150,000 5,224,888 - 5,224,888 Maintain Town Assets Annual Park and Landscape Maintenance1,350,140 - 1,350,140 - 1,350,140 Ongoing path, park and open space maintenance, project mgmt Management Fee to General Fund (5%)191,750 - 191,750 - 191,750 5% of RETT Collections - fee remitted to the General Fund for administration Rec. Path Capital Maint93,395 - 93,395 - 93,395 Capital maintenance of the town's recreation path system; 2012 includes $50K to replace deer screen at Dowd Junction and $15K for pedestrian bridge inspections Tree Maintenance65,000 25,000 90,000 - 90,000 Re-appropriate for Aspen tree scale; Regular maintenance for tree health within the town (spraying, removing, new trees); scale spraying on town-owned property at approx. $120 per tree; Initiating tree-planting program for lost trees Forest Health Management195,000 - 195,000 - 195,000 Pine beetle mitigation in conjunction w/ forest service (Crew of 6 during spring/summer months) Street Furniture Replacement25,000 - 25,000 - 25,000 Annual replacement or capital repairs, includes bike racks Park / Playground Capital Maintenance85,000 - 85,000 - 85,000 2012 includes paving paths to Stephens Park ($22K), ADA compliance for play structure at Stephens Park, Re-landscape main entry (east) at Donovan Park ($20K) and resurface Donovan basketball court ($10K) Alpine Garden Support85,620 - 85,620 - 85,620 Council approved one-time capital of $20K for water feature in 2012 and $65K of operating Eagle River Watershed Programs50,000 - 50,000 12,000 62,000 2012 $50K Council contributions; $12K off cycle contribution for regional water quality monitoring program "Water Quality Data and Assessment Program" Public Art - Operating92,657 - 92,657 - 92,657 AIPP salary and operating expenses Environmental Sustainability250,000 - 250,000 - 250,000 Environmental Sustainability programs Total Maintenance2,483,562 25,000 2,508,562 12,000 2,520,562 Enhancement of Town Assets Flood Incident Repairs1,050,000 - 1,050,000 - 1,050,000 2012: repairs to culverts, drainage, and preventative improvements Stephen's Park Stream Repairs- - - - - Streambank stabilization sign (requirement of the grant) Trailhead Development / Improvement50,000 - 50,000 - 50,000 Improve trailheads; Continued need through 2012 (one trail per year) ADA Compliance w/ VRD10,000 - 10,000 - 10,000 Shared costs with VRD - ADA access at recreational facilities;new ADA regulations went into effect 2011; Need to replace drinking fountains at all parks ($2K each) Frontage Road Bike Lanes/Trails1,150,000 - 1,150,000 - 1,150,000 4 miles of bike lanes (6 foot shoulders) to be added prior to CDOT overlay project; first priority is Blue Cow Chute to East Vail; path from Vail Mtn School to E. Vail exit Streambank/tract mitigation200,000 - 200,000 - 200,000 2012 planning; 2013 implementation **estimate only** Red Sandstone Park - Per Safety plan- 197,630 197,630 - 197,630 Reconstruction of playground per safety plan; 20 years old Public Art - General program / art80,000 255,878 335,878 - 335,878 To purchase sculptures, artwork, art programs and events; remainder is re-appropriated each year to accumulate enough funds; Supplement budget for annual donations, manhole cover & jewelery sales, and poster sales contributed during 2011 Public Art - Winterfest- 33,494 33,494 - 33,494 Recognize donations made for Winterfest event ($5,100 in 2011); Re-appropriate donation balance; (approximate cost of event is $25K per year) Total Enhancements2,540,000 487,002 3,027,002 - 3,027,002 TOWN OF VAIL 2012 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX FUND - 6 - 5 - 1 - 6 8/7/2012 20122012 Original1st 20122ndproposed BudgetSupplementalAmendedSupplementalAmendedComments TOWN OF VAIL 2012 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX FUND VRD-Managed Facility Projects Recreation Enhancement Account126,888 (126,888) - - - Transfer balance to Golf Course Clubhouse redevelopment as intended by this reserve account - funded by annual lease revenue Golf Course - Other Improvements18,468 133,167 151,635 - 151,635 Re-appropriate for replacement of maintenance storage building; Improvements to golf course: 7th tee box retaining wall, 11th and 17th hole bridges;improvements to maintenance building including stucco, wood trim and soffits; Mtce Storage building Dobson Ice Arena73,495 343,279 416,774 - 416,774 Re-appropriate for upgrade of louver system, replacement of doors, refurbishment of wood exterior and landscape improvements; '2012: renovate changing rooms and restrooms Ford Park / Tennis Center Improvements428,910 - 428,910 - 428,910 Re-appropriate 2011 unspent and transfer to Ford Park Fields project for upper bench improvements; 2012 outbuilding improvements at ball fields Gymnastics Center1,978 - 1,978 - 1,978 Waiting on energy audit prior to installing cooling system Nature Center10,646 - 10,646 - 10,646 2012 wood open rail fencing Total VRD-Managed Facility Projects660,385 349,558 1,009,943 - 1,009,943 New Assets Golf Course Clubhouse (CCF)- 6,712,761 6,712,761 - 6,712,761 Re-appropriation of prior estimate for design and architecture; plus transfer of $1.26M from prior clubhouse capital maintenance budget; $1.15M reimbursement from VRD, allocation of Recreation Enhancement Funds $504K and Conference Center funds of $3.8M (Total project cost estimated at $6.8M) Ford Park Fields (CCF)- 6,297,340 6,297,340 - 6,297,340 Added transfer of $342.6K from Ford Park/Tennis, transfer of $200K from Ford Park Improvements budget and a transfer of $2,256,185 from Ford Park Management Plan budget. Consolidating dollars already in previous budgets and adding use of $3.5M in Conference Center Funds for total project estimated cost of $6.3M Public Restrooms- 370,000 370,000 - 370,000 Restrooms at lower bench of Ford Park Total New Assets:- 13,380,101 13,380,101 - 13,380,101 Total Expenditures5,683,947 14,241,661 19,925,608 12,000 19,937,608 Other Financing Sources (Uses) Transfer to Capital Project Fund- - - - - Transfer to CPF for implementation of energy audit enhancements Transfer from Conference Center Fund- 6,785,000 6,785,000 - 6,785,000 Transfer from Conf Center Funds for Golf Clubhouse ($3.8M) and Ford Park Field projects ($3.5M), net of $515K transferred in 2011 for planning/design Revenue Over (Under) Expenditures(1,609,059) (6,306,661) (7,915,720) (12,000) (7,927,720) Beginning Fund Balance9,451,8317,833,774 17,285,60517,285,605 Ending Fund Balance7,842,772$ 9,369,885$ 9,357,885$ - 7 - 5 - 1 - 7 8/7/2012 20122012 Original1st 20122ndProposed BudgetSupplementalAmendedSupplementalAmendedComments Revenue E911 Board Revenue742,256$ -$ 742,256$ -$ 742,256$ Interagency Charges1,177,061 - 1,177,061 - 1,177,061 Town of Vail Interagency Charge575,706 - 575,706 - 575,706 Earnings on Investments7,500 - 7,500 - 7,500 Other - - - - - Total Revenue2,502,523 - 2,502,523 - 2,502,523 Expenditures Salaries & Benefits 1,881,204 - 1,881,204 - 1,881,204 Operating, Maintenance & Contracts514,001 - 514,001 - 514,001 Capital Outlay50,000 133,159 183,159 250,000 433,159 Upgrade to Computer-Aided Dispatch system, Records Mgmt system and Mobile system (in- vehicle) Total Expenditures2,445,205 133,159 2,578,364 250,000 2,828,364 Revenue Over (Under) Expenditures57,318 (133,159) (75,841) (250,000) (325,841) Transfer to Capital Projects Fund- - - 10,000 10,000 Beginning Fund Balance797,510 368,483 1,165,993 - 1,165,993 Ending Fund Balance 854,828$ 1,090,152$ 850,152$ TOWN OF VAIL 2012 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE DISPATCH SERVICES FUND - 8 - 5 - 1 - 8 8/7/2012 2012 20121st 20122ndProposed BudgetSupplementalAmendedSupplementalAmendedComments Revenue Town of Vail Interagency Charge2,892,362$ -$ 2,892,362$ -$ 2,892,362$ Insurance Reimbursements & Other- - - 80,000 80,000 Relating to bus accident (expenditure below) Earnings on Investments10,324 - 10,324 - 10,324 Equipment Sales and Trade-ins65,500 - 65,500 95,000 160,500 Sale of motorgrader and plow truck (originally budgeted in 2011) Total Revenue2,968,186 - 2,968,186 175,000 3,143,186 Expenditures Salaries & Benefits996,016 - 996,016 - 996,016 Operating, Maintenance & Contracts1,412,095 - 1,412,095 80,000 1,492,095 Bus repair Capital Outlay389,144 330,000 719,144 90,000 809,144 Replacement vehicle: Fire brush truck Total Expenditures2,797,255 330,000 3,127,255 170,000 3,297,255 Revenue Over (Under) Expenditures 170,931 (330,000) (159,069) 5,000 (154,069) Beginning Fund Balance1,869,383 400,830 2,270,213 - 2,270,213 Ending Fund Balance 2,040,314$ 2,111,144$ 2,116,144$ TOWN OF VAIL 2012 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HEAVY EQUIPMENT FUND - 9 - 5 - 1 - 9 8/7/2012 Ordinance No. 9, Series of 2012 ORDINANCE NO. 9 SERIES OF 2012 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH SERVICES FUND, AND HEAVY EQUIPMENT FUND OF THE 2012 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2012 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 21, Series of 2011, adopting the 2012 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2012 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 424,664 Capital Projects Fund 635,000 Real Estate Transfer Tax Fund 12,000 Dispatch Services Fund 260,000 Heavy Equipment Fund 170,000 Total $ 1,501,664 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each 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. 5 - 1 - 10 8/7/2012 Ordinance No. 9, Series of 2012 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of July, 2012, and a public hearing shall be held on this Ordinance on the 7th day of August, 2012, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. _______________________________ Andrew P. Daly, Mayor ATTEST: ___________________________ Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 7th day of August 2012. _____________________________ Andrew P. Daly, Mayor ATTEST: ________________________________ Lorelei Donaldson, Town Clerk 5 - 1 - 11 8/7/2012 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 7, 2012 ITEM/TOPIC: Ordinance No. 2, Series of 2012, an ordinance amending Chapter 12-6, Residential Districts, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to establish a new zone district, Vail Village Townhouse (VVT) District, and setting forth details in regard thereto; and Resolution No. 7, Series of 2012, amending Chapter VII, Vail Village Sub-Areas, East Gore Creek Sub-Area (#6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. (PEC110040, PEC110041) PRESENTER(S): Bill Gibson, Community Development Department ACTION REQUESTED OF COUNCIL: The applicant requests that the Vail Town Council approves Ordinance No. 2, Series of 2012, on second reading. The applicant also requests that the Vail Town Council approves Resolution No. 7, Series of 2012. BACKGROUND: On November 14, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with modifications, to the Vail Town Council for the proposed Ordinance No. 2, Series of 2012, and , Resolution No. 7, Series of 2012, by a vote of 4-1-1 (Rediker opposed and Pratt recused). The purpose of the proposed ordinance is to establish a new zone district, the Vail Village Townhouse (VVT) District; and the purpose of the proposed resolution is to establish related design guidelines as part of the Vail Village Master Plan. The policy objectives of the new zone district and related design guidelines are as follows: - Streamlining the development review process by establishing a new zone district to specifically address townhouse properties. - Create incentives for redevelopment of existing townhouse properties. - Preserve the existing residential character of the townhouse properties and the neighborhood. 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 with the second reading of Ordinance No. 2, Series of 2012. The Vail Town Council held a subsequent public hearing on May 15th and a work session on July 17th to further deliberate the proposed new zone district. STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Vail Town Council approves the second reading of Ordinance No. 2, Series of 2012. The Planning and Environmental Commission also recommends the Vail Town Council approves Resolution No. 7, Series of 2012. 8/7/2012 ATTACHMENTS: Staff Memorandum Attachment A: Ordinance No. 2, Series of 2012 Attachment B: Resolution No. 7, Series of 2012 8/7/2012 TO: Vail Town Council FROM: Community Development Department DATE: August 7, 2012 SUBJECT: Ordinance No. 2, Series of 2012, an ordinance amending Chapter 12-6, Residential Districts, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to establish a new zone district, Vail Village Townhouse (VVT) District, and setting forth details in regard thereto; and Resolution No. 7, Series of 2012, amending Chapter VII, Vail Village Sub-Areas, East Gore Creek Sub-Area (#6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. (PEC110040, PEC110041) Applicant: Town of Vail Planner: Bill Gibson I. SUMMARY Ordinance No. 2, Series of 2012, establishes a new zone district, the Vail Village Townhouse District. Resolution No. 7, Series of 2012, amends the Vail Village Master Plan related to the new zone district and includes new design guidelines specifically tailored for the townhouse properties in the proposed zone district. The proposed Ordinance No. 2, Series of 2012, (Attachment A) and Resolution No. 7, Series of 2012, (Attachment B) have been attached for review. The proposed new zone district and associated master plan amendments are anticipated to be applied to the existing townhouse properties located within Vail Village. II. DESCRIPTION OF THE REQUEST WHY CREATE A VAIL VILLAGE TOWNHOUSE ZONE DISTRICT? • The existing townhouse properties in Vail Village are currently zoned High Density Multiple Family District (HDMF). The HDMF zone district was not designed to address townhouse properties. The existing townhouses are legally non-conforming in regard to current zoning standards (setbacks, density, landscape area, parking, etc.) 6 - 1 - 1 8/7/2012 Town of Vail Page 2 • Two types of plats: some units are part of a larger development site (Vail Townhouse Condominiums Lots 1-6, Vail Trails, Vail Trails East) while others units were platted as individual development sites (Vail Rowhouses Lots 7-13, Texas Townhomes). • Redevelopment is only possible with variances. Previous variances have created inconsistency, inequity, and extended the length and complexity of the development review process. • Demo/Rebuild construction results in a loss of development rights. • Creating a new zone district can streamline the development review process. WHAT ARE THE PURPOSES OF THE NEW ZONE DISTRICT? • Streamlining the development review process by establishing a new zone district to specifically address townhouse properties which reduces legal non- conformities and the need for future variances. • Create incentives for redevelopment of existing townhouse properties. • Preserve the existing residential character of the townhouse properties and the neighborhood. HOW WILL DEVELOPMENT STANDARDS CHANGE FROM HDMF TO VVTD? Development Standard HDMF VVTD Permitted Uses Lodges Multiple-Family Dwellings Employee Housing Units Multiple-Family Dwellings Employee Housing Units Lot Area 10,000 sf buildable lot area 30 ft min street frontage 80 ft x 80 ft square 10,000 sf total lot area 2,000 sf individually platted lots 20 ft min street frontage Setbacks Front 20 ft Sides 20 ft Rear 20 ft Front 20 ft Sides 20 ft Rear 20 ft between attached units 0 ft Building Height Flat roof 45 ft Sloping roof 48 ft Flat roof 40 ft Sloping roof 43 ft Density 25 units/acre greater of existing number and 25 units/acre GRFA (gross residential 0.76 ratio to buildable lot area + “250 Additions” 1.25 ratio to total lot area No “250 Additions” 6 - 1 - 2 8/7/2012 Town of Vail Page 3 floor area) + Interior Conversions + Individual garage deduction No Interior Conversions No individual garage deduction Site Coverage 55% of total lot area 55% of total lot area Landscape Area 30% of total lot area 20% of total lot area Parking 75% of spaces enclosed Not allowed in front setback Surface parking allowed Allowed in front setback Allowed in street right-of-way Design Guidelines n/a see Vail Village Master Plan WHAT ARE THE PROPOSED TOWNHOUSE DESIGN GUIDELINES? • DEVELOPMENT PATTERN: residential row style development • ARCHITECTURAL THEME: architecturally integrated units, uniformity vs. individuality • BUILDING FORM & MASSING: two-story façade appearance, building step- backs from street • STREET EDGE: street enclosure, continuity, visual interest • FAÇADE: reduce appearance of building height, residential character, no unbroken wall planes, street level garage doors discouraged • CANTILEVERS: more than 3 feet discouraged and stacking not allowed • ROOF PITCH: primary roofs 3:12 to 4:12, secondary roofs 6:12 to 9:12, limit flat roofs, discourage mansard roofs • ROOF RIDGE: parallel to front façade, create visual interest, reduce appearance of building height, articulation, add dormers • FENCE/SITE WALL: discouraged except to screen trash and utilities • LANDSCAPING: add privacy and soften front building façades • DECK RAILS: reduce the appearance of building height, include transparency, include material changes, step from walls • PARKING: allow at-grade surface parking and below grade parking structures, discourage individual garages and carports on the first floor (street level) 6 - 1 - 3 8/7/2012 Town of Vail Page 4 III. BACKGROUND On November 14, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with modifications, to the Vail Town Council for the proposed Ordinance No. 2, Series of 2012, and , Resolution No. 7, Series of 2012, by a vote of 4-1-1 (Rediker opposed and Pratt recused). On February 21, 2012, the Vail Town Council held a work session to discuss the proposed ordinance and resolution establishing the Vail Village Townhouse District and the associated Vail Village Master Plan amendments. At that hearing the Council asked questions concerning the heights of nearby buildings, how the existing GRFA development potential was calculated, and how changes to the GRFA ratios could affect the massing of the subject townhouse buildings. On April 3, 2012, the Vail Town Council held a public hearing to discuss the proposed ordinance and resolution. The Vail Town Council tabled these items to its May 1, 2012, hearing to provide the former applicants, Mauriello Planning Group and KH Webb Architects, an opportunity to construct additional visual models illustrating the various considered GRFA ratios (1.25, 1.35, 1.50, etc.) 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 modification 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). On May 15, 2012, the Vail Town Council held another public hearing on the proposed new zone district. The Council tabled the application for further deliberation. On July 17, 2012, the Vail Town Council held a work session to discuss the proposed new zone district. A majority of the Vail Town Council re-affirmed: • the problems associated with existing townhouse properties being zoned High Density Multiple-Family District • a new zone district should be established to address the problems associated with the current zoning of townhouse properties • one policy objective of the new district is to streamline the development review process • one policy objective of the new district is to create incentives for redevelopment of existing townhouse properties • another policy objective of the new district is to preserve the existing residential character of the townhouse properties and the neighborhood The Council’s work session included a general discussion about the Town’s adopted gross residential floor area (GRFA) regulations and a discussion about the appropriate GRFA limits in the proposed new zone district including the options of a GRFA ratio of 1.25, a ratio of 1.50, and eliminating GRFA in this new district. 6 - 1 - 4 8/7/2012 Town of Vail Page 5 IV. ACTION REQUESTED OF THE COUNCIL The applicant requests that the Vail Town Council approves Ordinance No. 2, Series of 2012, on second reading. The applicant also requests that the Vail Town Council approves Resolution No. 7, Series of 2012. V. RECOMMENDATION Ordinance No. 2, Series of 2012 On November 14, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with modifications, to the Vail Town Council for the proposed ordinance. Should the Vail Town Council choose to approve Ordinance No. 2, Series of 2012; the Planning and Environmental Commission recommends the Council pass the following motion: “The Vail Town Council approves, on second reading, Ordinance No. 2, Series of 2012, an ordinance amending Chapter 12-6, Residential Districts, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to establish a new zone district, Vail Village Townhouse (VVT) District, and setting forth details in regard thereto.” Should the Vail Town Council choose to approve this ordinance, the Planning and Environmental Commission recommends the Vail Town Council makes the following findings: “Based upon the review of the criteria outlined in Section V of Staff’s November 14, 2011, memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the zoning regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.” Resolution No. 7, Series of 2012 6 - 1 - 5 8/7/2012 Town of Vail Page 6 On November 14, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with modifications, to the Vail Town Council for the proposed resolution. Should the Vail Town Council choose to approve Resolution No. 7, Series of 2012; the Planning and Environmental Commission recommends the Council pass the following motion: “The Vail Town Council approves Resolution No. 7, Series of 2012, a resolution amending Chapter VII, Vail Village Sub-Areas, East Gore Creek Sub-Area (#6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto.” Should the Vail Town Council choose to approve this resolution, the Planning and Environmental Commission recommends the Vail Town Council makes the following findings: “Based upon the review of the criteria outlined in Section V of Staff’s November 14, 2011, memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the zoning regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.” VI. ATTACHMENTS A. Ordinance No. 2, Series of 2012 B. Resolution No. 7, Series of 2012 6 - 1 - 6 8/7/2012 Ordinance No. 2, Series of 2012 1 ORDINANCE NO. 2 Series of 2012 AN ORDINANCE AMENDING CHAPTER 12-6, RESIDENTIAL DISTRICTS, VAIL TOWN CODE, TO ESTABLISH THE VAIL VILLAGE TOWNHOUSE (VVT) DISTRICT, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for amending the Town’s Zoning Regulations; and, WHEREAS, the purpose of the amendments is to establish a new zone district to regulate existing townhouse properties in Vail Village that were legally non-conforming in regard to the provisions of the High Density Multiple-Family District; and, WHEREAS, the purpose of the amendments is to establish incentives for the redevelopment of existing townhouse properties in Vail Village; and, WHEREAS, the purpose of the amendments is to preserve the existing character of the townhouse properties in Vail Village and to preserve the existing character of the neighborhood; and, WHEREAS, on November 14, 2011, the Town of Vail Planning and Environmental Commission held a public hearing on the application to amend the Town’s Zoning Regulations and establish the Vail Village Townhouse District, in accordance with the provisions of the Vail Town Code; and, WHEREAS, the Town of Vail Planning and Environmental Commission forwarded a recommendation of approval, with modifications, for the proposed Zoning Regulation amendments to the Vail Town Council; and, WHEREAS, the Vail Town Council finds and determines that the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and, WHEREAS, the Vail Town Council finds and determines that the amendment to the Town Code furthers the general and specific purposes of the Zoning Regulations; and, WHEREAS, the Vail Town Council finds and determines that the amendment promotes the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 6 - 2 - 1 8/7/2012 Ordinance No. 2, Series of 2012 2 SECTION 1. Table of Contents, Title 12, Zoning Regulations, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): Vail Village Townhouse (VVT) District … 6J SECTION 2. Section 12-2-2, Definitions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): TOWNHOUSE PROJECT: A building or group of associated buildings consisting of multiple-family dwelling units designed as attached or row dwellings that are treated as one entity for zoning purposes. INDIVIDUALLY PLATTED TOWNHOUSE LOT: A portion of a townhouse project that is subdivided and for zoning purposes is treated as a separate entity from the remainder of the project. SECTION 3. Section 12-4-1, Designated, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): The following zone districts are established: Vail Village Townhouse (VVT) District SECTION 4. Chapter 12-6, Residential Districts, Vail Town Code, is hereby established as follows (text that is to be added is bold): ARTICLE J. VAIL VILLAGE TOWNHOUSE (VVT) DISTRICT 12-6J-1: PURPOSE: The Vail Village Townhouse District is intended to provide sites for, and maintain the unique character of, existing townhouse properties in the Vail Village Master Plan area of the Town of Vail. The Vail Village Townhouse district is intended to ensure adequate light, air, open space, and other amenities commensurate with townhomes, and to maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and year- round community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. This zone district was established to regulate existing townhome 6 - 2 - 2 8/7/2012 Ordinance No. 2, Series of 2012 3 properties that were legally nonconforming in the High Density Multiple Family District. The Vail Village Townhouse District is meant to encourage and provide incentives for redevelopment of existing townhouse properties in accordance with the Vail Village Master Plan. The incentives in this zone district include addressing both townhouse projects and individually platted townhouse lots, reductions in lot area standards, reductions in setbacks, increases in density, increases in gross residential floor area (GRFA), reductions in landscaping area, and changes in parking design requirements. More restrictive design considerations have been applied to these properties in accordance with the Vail Village Master Plan to maintain the unique character of existing townhouse developments in Vail Village. 12-6J-2: PERMITTED USES: The following uses shall be permitted in the VVT district: Employee housing units, as further regulated by chapter 13 of this title. Multiple-family residential dwellings, including attached and row dwellings and condominium dwellings. 12-6J-3: CONDITIONAL USES: The following conditional uses shall be permitted in the VVT district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Home child daycare facilities, as further regulated by section 12- 14-12 of this title. Public buildings, grounds and facilities. Public utility and public service uses. Timeshare units. 12-6J-4: ACCESSORY USES: The following accessory uses shall be permitted in the VVT district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. 6 - 2 - 3 8/7/2012 Ordinance No. 2, Series of 2012 4 Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-6J-5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area for a townhouse project shall be ten thousand (10,000) square feet of total site area. Each site shall have a minimum frontage of twenty feet (20’). The minimum lot or site area for individually platted townhouse lots shall be two thousand (2,000) square feet of total site area, each site shall have a minimum frontage of twenty feet (20’). 12-6J-6: SETBACKS: The minimum setback shall be twenty feet (20’) from the front and rear property lines. The minimum setback shall be twenty feet (20’) from the side property lines, except the setback shall be zero feet (0’) from the side property lines between attached dwelling units. 12-6J-7: HEIGHT: For a flat roof, the height of buildings shall not exceed forty feet (40’). For a sloping roof, the height of buildings shall not exceed forty three feet (43’). 12-6J-8: DENSITY CONTROL: The existing number of legally established units on a development site or twenty-five dwelling units per acre of total site area, whichever is greater, shall be allowed. A dwelling unit may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. 12-6J-9: GROSS RESIDENTIAL FLOOR AREA: Not more than one hundred twenty five (125) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of total site area. Dwelling units in this zone district shall not be entitled to additional gross residential floor area under Section 12-15-5: Additional Gross Residential Floor Area (250 Ordinance), or Section 12-15-4: Interior Conversions of this title. There shall be no exclusion to gross residential floor area granted for enclosed garage space within individual dwelling units as referenced in Chapter 15 Gross Residential Floor Area. 12-6J-10: SITE COVERAGE: Site coverage shall not exceed fifty five (55%) of the total site area. 6 - 2 - 4 8/7/2012 Ordinance No. 2, Series of 2012 5 12-6J-11: LANDSCAPING AND SITE DEVELOPMENT: At least twenty percent (20%) of the total site area shall be landscaped. 12-6J-12: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. Required parking legally established within the street right-of-way may be continued subject to a revocable right-of- way permit issued by the Town of Vail. 12-6J-13: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Design Review Board and/or Administrator that the proposed new construction, addition, or minor exterior alteration is in compliance with the applicable elements of the Vail Village Master Plan, Vail Village Urban Design Guide Plan, and the Vail Village Design Considerations. SECTION 5. Section 12-10-17-B, Lease Qualifications, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): 1. Any owner, occupant or building manager who owns, occupies or manages ten (10) or more private parking spaces located in commercial core 1, commercial core 2, commercial core 3, high density multiple-family, Vail Village Townhouse, public accommodations, Lionshead mixed use 1, Lionshead mixed use 2, or special development zone districts and provides sufficient parking for use by employees may apply to the administrator of the town for a permit to lease parking spaces. SECTION 6. Section 12-13-4, Requirements by Employee Housing Unit (EHU) Type , Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): Type III Residential cluster Low density multiple-family Medium density multiple- family High density multiple-family Vail Village Townhouse Public accommodation Commercial core 1 Commercial core 2 Commercial core 3 Commercial service center Arterial business Heavy service Lionshead mixed use 1 Lionshead mixed use 2 Public accommodation 2 The EHU may be sold or transferred separately. The EHU is excluded from the calculatio n of GRFA. n/a n/a Per chapter 10 of this title as a dwelling unit. A. Dwelling unit: 300 sq. ft. minimum and 1,200 sq. ft. maximum. B. Dormitory unit: 200 sq. ft. minimum for each person occupying the EHU. The EHU is excluded from the calculation of density. 6 - 2 - 5 8/7/2012 Ordinance No. 2, Series of 2012 6 Ski base/recreation Ski base/recreation 2 Special development district Parking district General use SECTION 7. Section 12-15-2, GRFA Requirements By Zone District, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): Zone Districts GRFA Ratio GRFA Credits (Added To Results Of Application Of Percentage) VVT Vail Village Townhouse 1.25 of total site areaNone SECTION 8. Section 12-15-3, Definition, Calculation, and Exclusions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): B. Within The Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF), And Housing (H), and Vail Village Townhouse (VVT) Districts: SECTION 9. Section 12-15-3, Definition, Calculation, and Exclusions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): C. Within All Districts Except The Hillside Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R), Two-Family Primary/Secondary (PS), Residential Cluster (RC), Low Density Multiple- Family (LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF), And Housing (H), and Vail Village Townhouse (VVT) Districts: SECTION 10. Section 12-15-4, Interior Conversions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): B. Applicability: Within all zone districts except the single-family residential (SFR), two-family residential (R), and two-family primary/secondary residential (PS), and Vail Village Townhouse (VVT) districts, dwelling 6 - 2 - 6 8/7/2012 Ordinance No. 2, Series of 2012 7 units that meet or exceed allowable GRFA will be eligible to make interior conversions provided the following criteria are satisfied: 1. Any existing dwelling unit shall be eligible to add GRFA, via the "interior space conversion" provision in excess of existing or allowable GRFA including such units located in a special development district; provided, that such GRFA complies with the standards outlined herein. 2. For the purpose of this section, "existing unit" shall mean any dwelling unit that has been constructed prior to August 5, 1997, and has received a certificate of occupancy, or has been issued a building permit prior to August 5, 1997, or has received final design review board approval prior to August 5, 1997. SECTION 11. Section 12-15-5, Additional Gross Residential Floor Area (250 Ordinance), Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): B. Applicability: The provisions of this section shall apply to dwelling units in all zone districts except the single-family residential (SFR), two-family residential (R), and two-family primary/secondary residential (PS), and Vail Village Townhouse (VVT) districts. SECTION 12. Section 12-24-1, Inclusionary Zoning, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): B. This chapter shall apply to all new residential development and redevelopment located within the following zone districts, except as provided in section 12-24-5 of this chapter: 2. Vail Village Townhouse (VVT) SECTION 13. Section 14-8-1 Site Development Standards, Inclusionary Zoning, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): 6 - 2 - 7 8/7/2012 Ordinance No. 2, Series of 2012 8 Zone Districts Max. Density EHU Allowance Min. Building Setbacks Min. Deck (Ground Level) Setback Min. Deck (Not Ground Level) Setback Max. Architectural Projection Into Setback Max. Site Coverage Min. Land- scape Area Min. Lot Size (Buildable Area In Sq. Ft.) Min. Frontage Min. Square Area Max. Building Height Parking And Loading Location Residential Districts VVT Vail Village Townhouse Existing number of legally established units or 25 per acre of total site area. Type III and Type IV, Type IV-IZ, Type VII-IZ 20’ front 20’ rear 20’ sides 0’ between attached dwelling units May project not more than the lesser of 10' or 1/2 the required setback May project not more than the lesser of 5' or 1/2 the required setback 4’ 55% 20% 10,000 sq. ft. for comprehensive development site; 2,000 sq. ft. for individually platted townhouse lots 20’ n/a 40' flat roof 43' sloping roof See title 12, chapter 10 of this code. Existing parking in street right-of- way may continue subject a revocable right- of-way permit. 6 - 2 - 8 8/7/2012 Ordinance No. 2, Series of 2012 9 SECTION 14. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Vail Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 15. The Vail Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. The Council’s finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. SECTION 16. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. SECTION 17. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of May, 2012 and a public hearing for second reading of this Ordinance set for the 7th day of August, 2012, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. __________________ Andrew P. Daly, Mayor ATTEST: _________________________ Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 7th day of August, 2012. 6 - 2 - 9 8/7/2012 Ordinance No. 2, Series of 2012 10 __________________ Andrew P. Daly, Mayor ATTEST: _________________________ Lorelei Donaldson, Town Clerk 6 - 2 - 10 8/7/2012 1 Resolution No. 7, Series of 2012 RESOLUTION NO. 7 Series of 2012 A RESOLUTION AMENDING CHAPTER VII, VAIL VILLAGE SUB-AREAS, EAST GORE CREEK SUB-AREA (#6), VAIL VILLAGE MASTER PLAN TO INCLUDE RECOMMENDATIONS RELATED TO A NEW VAIL VILLAGE TOWNHOUSE (VVT) DISTRICT, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter VIII, Implementation and Amendment, Vail Village Master Plan, sets forth the procedures for amending the Town’s Zoning Regulations; and, WHEREAS, the adoption of the Vail Village Townhouse (VVT) District necessitates associated updates to the Vail Village Master Plan; and, WHEREAS, the purpose of the amendments is to establish recommendations and design considerations for the redevelopment of existing townhouse properties in Vail Village; and, WHEREAS, the purpose of the amendments is to preserve the existing character of the townhouse properties in Vail Village and to preserve the existing character of the neighborhood; and, WHEREAS, on November 14, 2011 the Town of Vail Planning and Environmental Commission held a public hearing on the application to amend the Town’s Zoning Regulations and establish the Vail Village Townhouse District and associated amendments to the Vail Village Master Plan; and, WHEREAS, the Town of Vail Planning and Environmental Commission forwarded a recommendation of approval, with modifications, for the proposed Vail Village Master Plan amendments to the Vail Town Council; and, WHEREAS, the Vail Town Council finds and determines that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and, WHEREAS, the Vail Town Council finds and determines that the amendment to the Vail Village Master Plan furthers the general and specific purposes of the plan; and, WHEREAS, the Vail Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 6 - 3 - 1 8/7/2012 2 Resolution No. 7, Series of 2012 NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: SECTION 1. Chapter VII, Vail Village Sub-Areas, East Gore Creek Sub-Area (#6), Vail Village Master Plan, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): EAST GORE CREEK SUB AREA (#6) A number of the earliest projects developed in Vail are located in the East Gore Creek Sub-Area. Development in this area is exclusively multi-family condominium and townhouse projects with a very limited amount of support commercial. Surface parking is found at each site, which creates a very dominant visual impression of the sub-area. While the level of development in East Gore Creek is generally greater than that allowed under existing zoning, this area has the potential to absorb density without compromising the character of the Village. These This developments could be accommodated by partial infills of existing parking areas balanced by greenspace additions or through increasing the height of existing buildings (generally one story over existing heights). In order to maintain the architectural continuity of projects, additional density should be considered only in conjunction with the comprehensive redevelopment of projects or individual units. There are several townhouse properties within this sub-area which were platted and/or constructed under Eagle County jurisdiction. These townhouse properties are nonconforming with the many of development standards (including, but not limited to density, gross residential floor area, setbacks, site coverage, landscape area) of the High Density Multiple Family (HDMF) District. It is recommended that greater flexibility with the development standards may be necessary to allow these townhouse projects to redevelop. This flexibility may be achieved through the rezoning to the Vail Village Townhouse (VVT) District. However, the granting of variances from the HDMF District or rezoning to the Vail Village Townhouse (VVT) District should consider potential impacts to the character of the neighborhood. Clearly, one of the main objectives to consider in the redevelopment of any property should be to improve existing parking facilities. This includes satisfying parking demands for existing and additional development as well as design considerations relative to redevelopment proposals. The opportunity to introduce below grade structured parking will greatly improve pedestrianization and landscape features in this area. This should be considered a goal of any redevelopment proposal in this sub-area. 6 - 3 - 2 8/7/2012 3 Resolution No. 7, Series of 2012 Development or redevelopment of this sub-area may will attract additional traffic and population into this area and may have significant impacts upon portions of Sub-Areas 7 and 10. There are several existing townhouse properties in the East Gore Creek Sub-Area, including the Vail Townhouse Condominiums, Vail Row Houses, Vail Trails Chalet, Vail Trails East, and Texas Townhomes. These design considerations provide recommendations for the redevelopment of these properties. The purpose of these design considerations is to preserve the unique character of the existing townhouse properties in Vail Village. Redevelopment should be consistent with the existing pedestrian- oriented, urban character of Vail Village. All demo/rebuild and new construction projects in the Vail Village Townhouse District shall comply with these guidelines. It is understood that renovations to existing buildings may be unable to fully comply with some of these design considerations. Redevelopment to existing buildings will be evaluated on a case-by-case basis, with determination of compliance based upon whether the renovation to an existing building meets the general intent of these design considerations. A. Zoning: The existing townhouse properties in the East Gore Creek Sub-Area including the Vail Townhouse Condominiums, Vail Row Houses, Vail Trails Chalet, Vail Trails East, and Texas Townhomes should be rezoned from the High Density Multiple-Family (HDMF) District to the Vail Village Townhouse (VVT) District. B. Development Pattern: Townhouse properties in the East Gore Creek Sub-Area should exhibit the appearance and characteristics of a residential row style development. Buildings should face the street and appear to be a series of proportionally sized, individual dwelling units occupying the space from the ground to the roof that are attached inline by shared side walls. Buildings should exhibit these characteristics regardless of ownership patterns or the horizontal and vertical subdivision of properties, and should create a perceived dwelling unit occupying the space within a building from the ground to the roof. C. Architectural Theme: The existing architectural and aesthetic character of the townhouse properties in Vail Village shall be preserved. 1. Units: The architectural theme of each dwelling unit or perceived dwelling unit (occupying the space within a building 6 - 3 - 3 8/7/2012 4 Resolution No. 7, Series of 2012 from the ground to the roof) shall be expressed on all sides of that unit to create an architecturally integrated unit. 2. Buildings: Townhouse buildings shall express an architectural theme of either uniformity or individuality. To portray architectural and aesthetic integrity, a combination of both themes within a single building is discouraged. a. Uniformity: Townhouse buildings may express a singular, unified architectural theme in which every perceived dwelling unit (occupying the space from ground to the roof) in a building is composed of substantially the same exterior design, materials, textures, and colors. b. Individuality: Townhouse buildings may express an individualistic architectural theme in which each perceived dwelling unit (occupying the space from ground to the roof) in a building varies in exterior design, materials, textures, and colors; so that abutting units do not have the same architectural treatment. This expression of individuality among units must be balanced with the character of the adjacent units and the building as a whole. D. Building Form and Massing: Buildings shall step back from the front property line to create the appearance of a two-story façade along the street. For the purposes of these design considerations, a story is considered the space between the surface of any floor and the next floor or ceiling above, not exceeding 11 feet in height. The front façade of the first floor or street level and the second floor shall be located within 20 to 28 feet of the front property line. The front façade of the third floor and any floors above shall step back 6 to 10 feet from the façade of the second floor below. E. Street Edge: Front façade shall be generally parallel to the street and form a strong, but irregular edge to the street. Front façades shall generally align with adjacent units and buildings to create a sense of street enclosure and continuity, but shall have enough offset between units and buildings to create visual interest. F. Façade: To reduce the appearance of building height and mass, and to create a residential scale and character, all façades shall incorporate vertical and horizontal articulation to reduce the appearance of building height and mass and to foster the 6 - 3 - 4 8/7/2012 5 Resolution No. 7, Series of 2012 appearance of a residential neighborhood. Façades should incorporate doors, decks, porches, balconies, fenestration, recesses, bay windows, ornamentation, and other traditional residential architectural elements. No façade shall appear to be a large unbroken plane. To preserve the existing pedestrian scale and residential character of the neighborhood, dwelling unit entries are encouraged on the front of the building; however, garage entries are strongly discouraged on the front façade. G. Cantilevers: On the front façade, floor area cantilevered more than three feet beyond the level below is strongly discouraged. Cantilevered floor areas shall not be stacked or cantilevered atop one another. H. Roof Pitch: The primary roof form should be sloping with pitches from 3:12 to 4:12. Secondary roofs should be sloping with pitches from 6:12 to 9:12. Flat roofs may have limited use as secondary roofs for decks and mechanical equipment areas. Mansard roofs create the perception of additional bulk and mass and are inconsistent with the architectural character of the existing townhouse properties and the existing neighborhood. Therefore, mansard roofs are discouraged. I. Roof Ridge: The primary roof ridges shall be parallel with the front façade of the building and should be oriented to not shed snow or rain onto adjacent properties. To create visual interest and to reduce the perception of building bulk and mass, roofs shall not create the appearance of continuous ridges between units or buildings. Roof ridges should be articulated by stepping in elevation and varying from front to rear. Dormers and other secondary roof forms may also be used minimize the perception of a continuous ridge. J. Fences and Site Walls: Privacy fences and walls along the street are discouraged, except to screen trash areas, utility equipment, and other similar items. K. Landscaping: Landscaping should be used to create privacy and to soften the visual transition from roadways and parking areas to the building façades. L. Deck Rails: Deck rails shall be designed to minimize the perception of additional building bulk and mass. Deck rails should incorporate transparency, material changes, and stepping in alignment from other building elements. Solid railings that appear to extend the exterior wall material from below are discouraged. 6 - 3 - 5 8/7/2012 6 Resolution No. 7, Series of 2012 M. Parking: Off-street parking should be located on at-grade surface driveways or in below grade shared parking structures. Off-street parking should not be accommodated with individual or shared garages, carports, or parking structures on the first floor or street level. #6-1 Residential Infill Texas Townhomes/Vail Trails Additional floor or residential development over what is existing. Additional density to be considered only in conjunction with a comprehensive redevelopment of each project. To encourage redevelopment and to maintain the existing character of the neighborhood, the Vail Village Townhouse (VVT) District was established to grant additional gross residential floor area over what was allowed under High Density Multiple Family (HDMF) District zoning. A key factor in the redevelopment of these properties will be to relocate required parking in underground structures or a single unified structure serving all adjacent properties. This will allow for increased landscaping and overall improvements to pedestrian ways to create a park-like setting on the surface in this area. Redevelopment shall maintain the existing character of the neighborhood, with the appearance of two to three story buildings along the street elevation. In all cases, the mature pines along Gore Creek shall be maintained. Stream impact must be considered. Special emphasis on 1.2, 2.3, 2.6, 3.1, 5.1, 6.2. #6-2 Manor Vail Possible residential infill on portions of existing surface parking area and additional floor to the two northern most buildings adjacent to Gore Creek. Infill project must include addition of greenspace adjacent to East Mill Creek and other adjoining pedestrian areas. Height of structure shall be limited to prevent impacts on view to the Gore Range from Village core and Vail Valley Drive. Present and future parking demand to be met on site. Traffic considerations must be addressed. Special emphasis on 1.2, 2.3, 2.6, 3.1, 4.1, 5.1, 6.1 #6-3 Vail Row Houses To encourage redevelopment, the Vail Village Townhouse (VVT) District was established to grant additional gross residential floor area over what was allowed under High Density Multiple Family (HDMF) District zoning. Where possible, driveway widths shall be minimized and areas for landscaping increased. Surface parking shall be improved when redevelopment occurs using high quality landscape paver treatments and the current post and chain parking delineation shall be replaced with other methods to identify private parking. Redevelopment shall maintain the existing character of the neighborhood, with the appearance of two to three story buildings 6 - 3 - 6 8/7/2012 7 Resolution No. 7, Series of 2012 along the street elevation. Improvements to the Gore Creek stream corridor, consistent with Town policies, shall be considered with redevelopment applications. Special emphasis on 1.2, 2.3, 2.6, 3.1, 5.1, 6.2. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 7th day of August, 2012. __________________ Andrew P. Daly, Mayor ATTEST: _________________________ Lorelei Donaldson, Town Clerk 6-3 6 - 3 - 7 8/7/2012 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 7, 2012 ITEM/TOPIC: Resolution No. 25, Series of 2012, A Resolution Calling a Special Election for November 6, 2012, to be Coordinated with Eagle County, and Submitting Ballot Questions to the Registered Electors of the Town at the November 6, 2012 Special Election. PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: Approve, amend or deny Resolution No.25, Series of 2012. BACKGROUND: The Vail Town Council has determined that several changes to the Vail Town Charter are warranted. All amendments to the Vail Town Charter must be approved by the registered electors of the Town at a regular or special election. ATTACHMENTS: Resolution No. 25, Series of 2012 8/7/2012 Resolution No. 25, 2012 RESOLUTION NO. 25, SERIES OF 2012 A RESOLUTION CALLING A SPECIAL ELECTION FOR NOVEMBER 6, 2012, TO BE COORDINATED WITH EAGLE COUNTY, AND SUBMITTING BALLOT QUESTIONS TO THE REGISTERED ELECTORS OF THE TOWN AT THE NOVEMBER 6, 2012 SPECIAL ELECTION WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council have been duly elected and qualified; WHEREAS, the Town Council determines that several changes to the Vail Town Charter are warranted; WHEREAS, all amendments to the Vail Town Charter must be approved by the registered electors of the Town at a regular or special election; and WHEREAS, the Town Council wishes to submit ballot questions to the registered electors of the Town regarding the proposed changes to the Vail Town Charter. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1. There shall be a special election for the Town on November 6, 2012. Such election shall be coordinated with Eagle County and conducted under the Uniform Election Code, C.R.S. § 1-1-101, et seq. 2. At the November 6, 2012 special election, the following ballot questions shall be submitted to the registered electors of the Town: Ballot Question No. 1 Shall all references to the masculine gender in the Vail Town Charter be amended to be gender-neutral? ___ Yes ___ No Ballot Question No. 2 To make the Town’s regular election date consistent with other elections in the state, shall the words “following the first Monday” be deleted from Section 2.3 of the Vail Town Charter? ___ Yes ___ No 7 - 1 - 1 8/7/2012 Resolution No. 25, 2012 Ballot Question No. 3 Because federal and state election laws have changed and an election commission is no longer necessary or warranted, shall Section 2.5 of the Vail Town Charter be repealed in its entirety? ___ Yes ___ No Ballot Question No. 4 To clarify that ordinances can be adopted at any properly noticed meeting of the Vail Town Council, shall the word “regular” be deleted from Section 4.10(a) of the Vail Town Charter? ___ Yes ___ No Ballot Question No. 5 Because state law provides adequate procedures for initiative and referendum, shall Sections 5.3, 5.4, 5.5 and 5.6 of the Vail Town Charter be repealed in their entirety, shall Section 5.2 be amended to read as follows: “The procedures for initiative and referendum shall be as provided in state statute governing municipal initiative and referendum.” and shall Sections 5.7 and 5.8 be renumbered accordingly? ___ Yes ___ No Ballot Question No. 6 Because the Town has a single Planning and Environmental Commission, shall Section 8.4 of the Town of Vail Town Charter be repealed in its entirety, shall Section 8.3 of the Vail Town Charter be amended to read as follows: “There shall be established a seven (7) member planning and environmental commission appointed by the council. Members of the planning and environmental commission shall be residents of the Town of Vail and registered electors. The terms of appointment to the planning commission shall be two (2) years on an overlapping basis. The functions of the planning and environmental commission shall be defined by ordinance and include but not be limited to aesthetic, architectural, environmental and ecological coordination and planning relating to the enhancement and the preservation of the quality of life.” and shall Sections 8.5 and 8.6 of the Vail Town Charter be renumbered accordingly? 7 - 1 - 2 8/7/2012 Resolution No. 25, 2012 ___ Yes ___ No Ballot Question No. 7 Because of Article X, Section 20 of the Colorado Constitution (otherwise known as “TABOR”) adequately controls the use of tax revenues after taxes have been approved by the electorate, shall Section 9.4 of the Vail Town Charter be repealed in its entirety? ___ Yes ___ No INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 7th day of August, 2012. ________________________________ Andy Daly, Mayor ATTEST: ________________________________ Lorelei Donaldson, Town Clerk 7 - 1 - 3 8/7/2012 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 7, 2012 ITEM/TOPIC: Adjournment (7:40 p.m.) 8/7/2012