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HomeMy WebLinkAbout2013-02-05 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., FEBRUARY 5, 2013 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Participation (15 min.) PRESENTER(S): Public 2. ITEM/TOPIC: Consent Agenda: 1) Approval of the January 8 and 15, 2013 meeting minutes; 2) Approval of Resolution No. 5, Series of 2013 IGA with Eagle County Animal Control Services; (5 min.) PRESENTER(S): Various 3. ITEM/TOPIC: Town Manager Report: 1) Main Vail Fire Station EHU update; 2) Timber Ridge payoff (5 min.) 4. ITEM/TOPIC: Memorial Weekend 2013 Presentation (20 min.) PRESENTER(S): James Deighan, Highline Sports and Entertainment ACTION REQUESTED OF COUNCIL: Council is being asked to approve, approve with modifications or deny the request BACKGROUND: The Town Council allocated $85,000 toward the funding of an event to be held on Memorial Weekend 2013 to kick off the summer season. The Commission on Special Events has taken several steps to arrive at a concept for Town Council’s consideration and approval. Research was conducted with focus groups comprising representatives of the Vail target audience as well as an online questionnaire that was sent to a database of 4,000. The culinary concept received the most traction of the concepts tested. FEAST! Vail is the concept being proposed which would bring a fresh look at the superior culinary talent here in Vail by pairing local chefs up against some of the best talent from Denver. There would be intimate food and wine pairings, 12 custom seminars daily, an exercise and culinary event, après events to meet guest chefs and a farm to table event. Complete information is in the attached presentation including estimated ROI, community involvement, marketing strategy, budget framework and next steps. The CSE will work collaboratively with Highline Sports and Entertainment, the event promoter, to further develop the proposed event components and to ensure that the Vail restaurant community will embrace the concept. 5. ITEM/TOPIC: Burton US Open Update (15 min.) 2/5/2013 PRESENTER(S): Peggy Wolfe, Highline Sports and Entertainment ACTION REQUESTED OF COUNCIL: Council is being requested to listen to the presentation and ask questions. BACKGROUND: The Town Council allocated $400,000 toward the funding of the Burton US Open Snowboarding Championships to be held February 25 – March 2, 2013. Highline Sports and Entertainment is giving an update on estimated ROI, sponsorship benefits, community involvement, marketing strategy, broadcast schedules, and event schedules. Complete information is in the attached presentation. 6. ITEM/TOPIC: EGE Air Alliance Request for Funding of $30,000 for 2013 (20 min.) PRESENTER(S): Mike Brown & Chris Romer ACTION REQUESTED OF COUNCIL: Council is being asked to approve, approve with modifications or deny the request. BACKGROUND: The EGE Air Alliance is a 501c6 not-for-profit entity dedicated to creating a vibrant flight service program at the Eagle County Regional Airport. The EGE Air Alliance is a public-private partnership with participants including local municipalities and private business stakeholders. Over the past five years, the community has lost 27% of the available seats into the Vail/Eagle County regional Airport (EGE). For EGE in the winter of 2007-08 (the peak year for enplanements) there were 273,000 available inbound seats. This winter there are 212,000 inbound seats, with a 34,000 seat decrease from last winter. EGE Air Alliance is working to confirm a non- stop flight from Houston this summer on United Airlines: 5 days a week, June 27th – September 7th. The 2013 budget includes a $6,500 line item for administrative costs for the air program, so if approved, this would mean adding $23,500 to the 2013 budget. STAFF RECOMMENDATION: Council is being asked to approve, approve with modifications or deny the request. 7. ITEM/TOPIC: Resolution No. 3, Series of 2013 a resoluition approving an encroachment into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into Existing View Corridors, Vail Town Code to allow for the encroachment of an addition to the Lionshead Centre Building into View Point #8, located at 520 East Lionhead Circle/Lot 5, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (15 minutes) PRESENTER(S): George Ruther ACTION REQUESTED OF COUNCIL: Approve, approve with Modifications, or deny Resolution No. 3, Series of 2013. BACKGROUND: View corridors have been established with the Town of Vail to maintain and protect certain views to the surrounding area from public plazas and pedestrian ways. Encroachments into existing view corridors are allowed when it can be determined that the proposed encroachment does not negatively impact the intended purpose of the view corridor. Three residential property owners within the Lionshead Centre Building are proposing to complete residential additions to their dwelling units. The 2/5/2013 proposed additions encroach into View Corridor #8. In order to construct the residential additions as proposed, the property owners must first be granted permission by the Town of Vail to encroach upon the existing view corridor. STAFF RECOMMENDATION: The Town of Vail Planning & Environmental Commission (PEC) has granted an approval of the request for an encroachment into View Corridor #8. The approval was granted based upon the review of the criteria and findings outlined in the memorandum to the PEC dated, January 14, 2013. Staff recommends the Vail Town Council upholds the approval of the PEC and grants an approval of Resolution No. 3, Series of 2013, as read. 8. ITEM/TOPIC: The first reading of Ordinance No. 21, Series of 2012, an ordinance for prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for amendments to Section 12-8B-7, Height, Vail Town Code, to establish an allowable building height for golf course clubhouses within the outdoor recreation district, and to allow for amendments to Section 12-2-2, Definitions, Vail Town Code, to define the terms golf course and golf course clubhouse, and setting forth details in regard thereto. (5 minutes) PRESENTER(S): George Ruther, Community Development Department ACTION REQUESTED OF COUNCIL: The applicant is requesting Town Council to table the public hearing of Ordinance No. 21, Series of 2012 to the February 19, 2013 Council meeting. BACKGROUND: The Planning and Environmental Commission held a public hearing on the proposed amendment on October 22nd and November 12, 2012. On November 12, 2012, Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for the proposed amendment by a vote of 5-0-2 (Pierce and Hopkins recused). STAFF RECOMMENDATION: The applicant is requesting Town Council to table the public hearing of Ordinance No. 21, Series of 2012 to the February 19, 2013 Council meeting. 9. ITEM/TOPIC: The first reading of Ordinance No. 22, Series of 2012, an ordinance for a zone district boundary amendment, pursuant to Section 12-3- 7, Amendment, Vail Town Code, to allow for a rezoning of the Vail Golf Course parking lot from the General Use District to the Outdoor Recreation District, located at 1775 Sunburst Drive/Lot 3, Sunburst Filing 3, and setting forth details in regard thereto. (5 min.) PRESENTER(S): George Ruther, Community Development Department ACTION REQUESTED OF COUNCIL: The applicant is requesting Town Council to table the public hearing of Ordinance No. 22, Series of 2012 to the February 19, 2013 Council meeting. BACKGROUND: The Planning and Environmental Commission held a public hearing on the proposed amendment on October 22nd and November 12, 2012. On November 12, 2012, Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for the proposed amendment by a vote of 5-0-2 (Pierce and Hopkins recused). STAFF RECOMMENDATION: The applicant is requesting Town Council to 2/5/2013 table the public hearing of Ordinance No. 22, Series of 2012 to the February 19, 2013 Council meeting. 10. ITEM/TOPIC: Second Reading of Ordinance No. 2, Series of 2013, An Ordinance Amending Section 6-3C-6 of the Vail Town Code to Reconcile the Vail Town Code with the Newly Enacted Section 16 of Article XVIII of the Colorado Constitution (Amendment 64) (10 min. ) PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 2, Series of 2013. BACKGROUND: Colorado voters recently passed Amendment 64, which amended Article XVIII of the Colorado Constitution by the addition of a new section 16 regarding the personal use and regulation of marijuana. Amendment 64 allows local governments to prohibit the possession of marijuana and marijuana accessories by persons under the age of 21 years and to prohibit the open and public consumption of marijuana by persons of any age. It is the desire of the Vail Town Council to pass legislation reconciling the Vail Town Code with to Amendment 64 and to clarify and codify the Town's prohibition of medical marijuana businesses. STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 2, Series of 2013. 11. ITEM/TOPIC: Adjournment (7:55 p.m.) 2/5/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 5, 2013 ITEM/TOPIC: Citizen Participation PRESENTER(S): Public 2/5/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 5, 2013 ITEM/TOPIC: Consent Agenda: 1) Approval of the January 8 and 15, 2013 meeting minutes; 2) Approval of Resolution No. 5, Series of 2013 IGA with Eagle County Animal Control Services; PRESENTER(S): Various ATTACHMENTS: Town Council meeting minutes of January 8, 2013 Town Council Meeting Minutes of January 15, 2013 Resolution No. 5 Series of 2013 2/5/2013 Town Council meeting minutes of January 8, 2013 Page 1 Vail Town Council Meeting Minutes Tuesday, January 8, 2013 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Andy Daly. Members present: Andy Daly, Mayor Kerry Donovan Kevin Foley Ludwig Kurz, Mayor Pro-tem Greg Moffet Margaret Rogers Susie Tjossem Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Lorelei Donaldson, Town Clerk _________________________________________________________________ The first item on the agenda was Citizen Participation. There was no public comment. Kevin Foley and the Council congratulated Heidi Kloser of Vail, on her second place finish and her first World Cup podium win in Freestyle. Council also congratulated Mikaela Shiffrin of Eagle-Vail for her two top wins in Slalom. The two women are representing Vail and Eagle County very well on the international skiing stage. The second item on the agenda was the Town Manager Report. There was no report. The third item on the agenda was Resolution No. 2, Series of 2013, a resolution approving the redemption of all outstanding Timber Ridge Affordable Housing Corporation adjustable rate housing facility revenue bonds and authorizing the Town of Vail's funding of Timber Ridge Affordable Housing Development via capital contribution and a loan to the Timber Ridge Affordable Housing Corporation. Judy Camp, Finance Director, stated this financing alternative followed the attempt to redevelop that failed about a year ago and subsequent consideration of other financing alternatives. The funding of this project is part of the 2013 budget. The town will be buying down $8 million of deed restrictions and lending $8 million to the TRAHC over the next 20 years at 1.5%, with no prepayment penalty. The only difference from the budget is timing moved forward which will save the town $80,000 in interest costs. Rogers stated Camp and Zemler have done a terrific job on the funding for Timber Ridge. This option makes it easier, simpler and saves the town money. Moffet asked which accounts the $16 million will come out of. Camp said the capital contributions will come from the general fund and the loan will come from the capital projects fund. An additional $1.3 million will be funded from TRAHC reserves. There will be no outside debt on this project, saving approximately 2/5/2013 Town Council meeting minutes of January 8, 2013 Page 2 $550,000 in external financing costs in the first year. This financing also allows the town to have more flexibility on potential redevelopment and financing options in the future. Moffet made a motion to approve Resolution No. 2, Series of 2013 and the motion was seconded by Foley. A vote was taken and the motion passed, unanimously, 7-0. The fourth item on the agenda was first reading of Ordinance No. 1, Series of 2013, an ordinance adding a new Section 2-1-4 to the Vail Town Code, to ensure adequate funding for the Town's Long-Range Capital Program. Matt Mire said this ordinance was a result of the ballot question from last November. Rogers stated Council needs more detailed information of what the actual percentages are to make a better decision. Camp said for the budget that was approved for 2013, the split is 38 percent to the capital projects fund and 62 percent to the general fund. On average, over the past ten years, the split had been 56% to the general fund and 44% to the capital projects fund. Tjossem stated that approving this ordinance now allows the budget planning cycle to move forward in May. Daly said the town has a shortfall of approximately $1 million in the general fund if all 2013 expenditures were paid for with 2013 revenues. The town is using its reserves to cover the shortfall. He said if the town is not successful in having excess revenue the split ratio would be closer to 67 percent to the general fund. The split is related to sales tax collections only. Further discussion ensued about the various revenue sources in which the town receives funding. Daly said they need to recognize incremental expenditures and change the ratio as necessary to cover expenses out of current revenues instead of taking them out of reserves. If the Council changes the split to 33% into capital and 67% into operations, they could pay out of current revenue instead of reducing the reserves. Daly asked the staff to put in a split of 67/33 which would be a more accurate reflection of how Council recommends allocating dollars. Daly said they need to be up front how the town’s money will be spent. Rogers said the amount of sales tax the town receives above budget goes into the capital projects fund. Camp said that has been the direction, but it can be changed at any time. Council requested staff bring back more information at a future meeting so they are more informed to make a decision to move forward with approving Ordinance No. 1. Zemler said they can give the Council a couple of different scenarios at a future meeting. The fifth item on the agenda was Resolution No. 1, Series of 2013, Posting of Public Notices for 2013 for Town of Vail. Moffet made a motion to approve Resolution No. 1, Series of 2013, and the motion was seconded by Kurz. Foley said he would like to have staff consider posting notices at the Vail Library. Brandmeyer will speak with the Vail Librarian to consider. A vote was taken and the motion passed, 7-0. The sixth item on the agenda was Adjournment. As there was no further business, Moffet made a motion to adjourn and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7-0. The meeting adjourned at 6:26 p.m. 2/5/2013 Town Council meeting minutes of January 8, 2013 Page 3 Respectfully Submitted, Attest: __________________________________ Andrew P. Daly, Mayor ________________________________ Lorelei Donaldson, Town Clerk 2/5/2013 Town Council meeting minutes of January 15, 2013 Page 1 Vail Town Council Meeting Minutes Tuesday, January 15, 2013 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Andy Daly. Members present: Andy Daly, Mayor Kevin Foley Ludwig Kurz, Mayor Pro-tem Greg Moffet Margaret Rogers Susie Tjossem Members Absent: Kerry Donovan Ludwig Kurz Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Lorelei Donaldson, Town Clerk _________________________________________________________________ The first item on the agenda was Citizen Participation. There was no public comment. The second item on the agenda was the Consent Agenda. Foley made a motion to approve the minutes of December 4, 2012, meeting. The motion was seconded by Tjossem. A vote was taken and the motion passed unanimously, 5-0. Foley made a motion to approve the minutes of December 18, 2012, meeting and the motion was seconded by Moffet. A vote was taken and the motion passed unanimously, 5-0. The third item on the agenda was the Town Manager Report. Zemler informed the Council and public that the Colorado Department of Transportation (CDOT) will begin construction at the end of April on the twin tunnel project near Idaho Springs. The construction and blasting will necessitate traffic being diverted onto the Frontage Road and back on to I-70 near the Central City exit. The construction and blasting will continue 24/7 from April through November, 2013. There will be three lanes eastbound. East and west bound lanes will be open but there will be 30 minute delays for blasting and safety purposes. The fourth item on the agenda was a request to table the first reading of Ordinance No. 21, Series of 2012, an Ordinance for prescribed regulation amendments, pursuant to Section 12-3- 7, Amendment, Vail Town Code, to allow for amendments to Section 12-8B-7, Height, Vail Town Code, to establish an allowable building height for golf course clubhouses within the outdoor recreation district, and to allow for amendments to Section 12-2-2, Definitions, Vail Town Code, 2/5/2013 Town Council meeting minutes of January 15, 2013 Page 2 to define the terms golf course and golf course clubhouse, and setting forth details in regard thereto. Moffet made a motion to table the first reading of Ordinance No. 21, 2012, to the February 5, 2013, meeting. The motion was seconded by Foley. A vote was taken and the motion passed unanimously, 5-0. The fifth item on the agenda was a request to table the first reading of Ordinance No. 22, Series of 2012, an ordinance for a zone district boundary amendment, pursuant to Section 12-3- 7, Amendment, Vail Town Code, to allow for a rezoning of the Vail Golf Course parking lot from the General Use District to the Outdoor Recreation District, located at 1775 Sunburst Drive/Lot 3, Sunburst Filing 3, and setting forth details in regard thereto. Moffet made a motion to table the first reading of Ordinance No. 22, 2012, to the February 5, 2013, meeting. The motion was seconded by Foley. A vote was taken and the motion passed unanimously, 5-0. Foley said this item was also continued to the Planning and Environmental Commission meeting of January 28, 2013. The sixth item on the agenda was first Reading of Ordinance No. 2, Series of 2013, an Ordinance amending Section 6-3C-6 of the Vail Town Code to reconcile the Vail Town Code with the newly enacted Section 16 of Article XVIII of the Colorado Constitution (Amendment 64). Matt Mire, Town Attorney, said Colorado voters recently passed Amendment 64 which added a new Section 16 of Article XVIII regarding the personal use and regulation of marijuana. Amendment 64 allows local governments to prohibit the possession of marijuana and marijuana accessories by persons under the age of 21 years and to prohibit the open and public consumption of marijuana by persons of any age. It is the desire of the Council to pass legislation reconciling the Vail Town Code with Amendment 64 and to clarify and codify the town's prohibition of medical marijuana businesses. Daly asked if this ordinance would make the town code consistent with the Colorado state statutes. Mire said yes. Moffet made a motion to approve first reading of Ordinance No. 2, 2013, and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 5-0. The seventh item on the agenda was the reading of Ordinance No. 3, Series of 2013, An Emergency Ordinance Adopting a Temporary Ban on Marijuana Establishments in the Town, Pursuant to the Newly Enacted Section of Article XVIII of Colorado Constitution (Amendment 64). Matt Mire, Town Attorney, stated pursuant to Article XVIII, § 16(5)(f) of the Colorado Constitution, the town may "prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance." He said this emergency ordinance allows staff time to study the effects of such marijuana establishments, consider the town's existing land use regulations and master plan and thereafter provide information to the Council as to whether such uses should be permitted at any location in the Town. During such time, the Council finds and determines that it is the best interest of the public health, safety and welfare for the town to 2/5/2013 Town Council meeting minutes of January 15, 2013 Page 3 adopt a temporary ban on the location of marijuana establishments in the town and the Council finds and determines that an emergency exists, to prevent marijuana establishments from locating in the town during the time that town staff is studying the effects of such establishments and the proper location for such establishments and if they will be permitted in town. The moratorium is valid until August 6, 2013, at which time the Council can then apply consistent regulations as the State of Colorado (State). The State has until July 1, 2013, to finalize language. Moffet said nuisance and odor issues will also need to be addressed. Rogers said this moratorium will be in place until the State gives guidance and allows the town to review local ordinances. This doesn’t mean the town will be banning anything but this ordinance just delays the process until the town staff finds out how to best regulate this process. Moffet made a motion to approve emergency Ordinance No. 3, 2013, and the motion was seconded by Rogers. A vote was taken and the motion passed unanimously, 5-0. The eighth item on the agenda was an update on Ford Park Phase 2. This update to the Council includes a status report of the Phase 1 Construction progress and schedule, the submittal to the Planning and Environmental Commission (PEC) of the Phase 2 Development Plan for Ford Park and a request by the Vail Valley Foundation (VVF) to proceed through the Development Plan process. Greg Hall, Public Works Director, stated there are three items to be discussed; the Phase II Development Plan, Phase I items under construction and additional design work needed. The second phase deals with the covered social court yard at the Amphitheater; improvements to Betty Ford Way; the Betty Ford Alpine Garden (BFAG) education building; the box office improvements; the Ford family tribute; riparian restoration, playground improvements and permanent exhibit space which are all interrelated. Staff requested Council provide comments on the Ford Park Phase II Development Plan submittal to the PEC and grant permission to the VVF to proceed through the Phase II development process. Zemler said the Ford Tribute is now scheduled to be adjacent to the covered social court yard. All of the Phase II components are unfunded projects. The Council wanted to know who made the decision to move the Ford Tribute to the social courtyard instead of at the juncture of the Manor Vail entrance and Betty Ford Way. Pedro Campos, Landscape Architect with Zehren and Associates, said the cottage for AIPP needed to stay in this area. Adding the Ford Tribute created too much congestion in this area. So given the AIPP concerns and discussion with the VVF, because of the congestion in this area, they moved the tribute piece to the social area in front of the Amphitheater. Tjossem said if the space is too tight; take the tribute arrival monument out. Campos said an arrival component still needed to be there to announce people have arrived in Ford Park. Way finding solutions and landscape solutions are still being discussed and there is still a need to allow for large vehicles to come and go on Betty Ford Way. Further discussion ensued. Council was concerned the commons area of the lower bench open space has too many art zones. They want as much open space as possible in the lower bench. Campos said additional landscaping is in select corner areas where trees exist already and wouldn’t interfere with the 2/5/2013 Town Council meeting minutes of January 15, 2013 Page 4 open areas of the park. Further discussion ensued regarding the open space being sacred in the lower bench, possible additional landscape areas and possible art areas. If the AIPP cottage stays, it needs to be improved as well. Daly asked where the money for Phase II is coming from. Campos stated the VVF is fundraising. The original budget was approximately $7 million for Phase 1 and Phase II. However the scope of Phase II is growing and there are unfunded portions of Phase II including improving the picnic shelter. Rogers asked about the existing trees in the lower bench and the landscaping proposed around the lawn area. Campos said enhancing the landscaping along Betty Ford Way is one of the goals to make it more memorable. Ceil Folz, VVF, said the goal is to raise $6 million. The VVF has $3 million so far. They believe that they have another $1 million that is good and another $2 million they feel pretty good about. Their intention is to have all the fundraising completed by the beginning of the summer. Most donors are part-time residents. Some of the benefactors are John and Marlene Boll who are Beaver Creek residents; Mike and Mary Sue Shannon who are Vail residents and Lyda Hill. Daly asked if the VVF goal to provide the BFAG $1 million was still in the mix. Folz stated the VVF is going to provide $1 million for the BFAG education center. Any additional money for the education center above and beyond the $1 million is the responsibility of the BFAG. Daly stated the Council needs to give the VVF permission to move ahead with Phase II of the project. Foley stated in the documents submitted it said that Phase II is to design and construct Phase II. He wants more public comment. Rogers stated this approval just give the VVF permission to proceed through process and is not an approval for the design or construction. Campos said they were going to hold public work sessions with the Planning and Environmental Commission (PEC) and the Design Review Board (DRB) in February to get their thoughts before moving forward and coming back to Council. Greg Hall asked if the Council was okay at this time with the design components of Phase II. Foley made a motion to allow the VVF to proceed through the planning process and Rogers seconded the motion. Daly said there were a lot of elements that will require significant review. He said the approval from Council to go through the development planning process is in no way approving the elements and design. He stated that approval from Council will have to be done in the future. He is very concerned there is too much stuff being added to the park. He said the goal is to preserve the open space in the park and keeping the character intact for the kids and to have a large play area. He said the common area needs to be held sacred and the whole area needs to be safe and fun for kids to play. He also wanted to make sure the Ford tribute and recognition is appropriate in size and quality to the contribution they made to Vail. Foley agreed with Daly on the tribute to the Ford’s. Hall said event producers have been notified of the Phase II schedule. Zemler said all the field improvements were moved back one year. Staff will make sure the public is informed about the fields being out of commission for the summer of 2014. A vote was taken and the motion passed unanimously, 5-0. 2/5/2013 Town Council meeting minutes of January 15, 2013 Page 5 The ninth item on the agenda was Adjournment. As there was no further business, Moffet made a motion to adjourn and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 5-0. The meeting adjourned at 6:57 p.m. Respectfully Submitted, Attest: __________________________________ Andrew P. Daly, Mayor ________________________________ Lorelei Donaldson, Town Clerk 2/5/2013 Resolution No. 5, 2013 RESOLUTION NO. 5 Series of 2013 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE COUNTY OF EAGLE FOR ANIMAL CONTROL SERVICES; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the “Charter”); WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly elected and qualified; WHEREAS, the Town and the County of Eagle (the “County”) wish to enter into an Intergovernmental Agreement (the “IGA”) authorizing the County to provide animal control services within the Town limits; WHEREAS, the Council considers it in the interest of the public health, safety and welfare to provide animal control services; and WHEREAS, The Council’s approval of Resolution No. 5, Series of 2013, 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 and authorizes the Town Manager to enter into the IGA with the County for animal control services on behalf of the Town in substantially the same form 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 5th day of February, 2013. _________________________ Andrew P. Daly Town Mayor ATTEST: _____________________________ Lorelei Donaldson, Town Clerk 2/5/2013 INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF VAIL This Agreement made this ______ day of __________________, 2012, by and between the County of Eagle, State of Colorado, a body corporate and politic (the "County") and the Town of Vail, a municipal corporation (the "Town"). WITNESSETH WHEREAS, the Town desires to contract with the County for the performance of the hereinafter described Animal Services on the terms and conditions hereinafter set forth; and WHEREAS, the County is agreeable to rendering such Animal Services on the terms and conditions hereinafter set forth; and WHEREAS, this Intergovernmental Agreement is authorized pursuant to Sections 29-1-201 and 30-11-101, Colorado Revised Statutes, as amended, and Article XIV, Section 18, of the Colorado Constitution. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree as follows: SECTION 1. TERRITORY COVERED. The territory covered by this Agreement is all of that certain property legally described as the Town of Vail. SECTION 2. DEFINITIONS. Emergency On-Call Service is defined as any emergency call received by the County for which Animal Service assistance is required and no Animal Service Officer is on duty to respond. Shelter means The Eagle County Animal Shelter located at 1400 Fairgrounds Road, Eagle, Colorado, and any other shelter facility operated or designated by County. Unclaimed Day is defined as a calendar day or any part thereof during which an unclaimed animal is confined in Shelter on behalf of the Town. SECTION 3. SCOPE OF SERVICES. The County agrees to provide General Animal and Emergency On-Call Services within the Town of Vail as follows: 2/5/2013 A. General Animal Services shall include: i. A minimum of 50 hours of patrol per month, consisting of inspection tours looking for violations or responding to complaints. ii. Administration and enforcement of the current Title 6, Animals of the Municipal Code of the Town of Vail presently in effect, and as may be subsequently amended. iii. The County shall provide the Town with monthly reports and an annual report of services provided pursuant to this Agreement. Such reports shall include, by way of example only, the number of calls for service, number of animals sheltered, number of Unclaimed Days, and number of citations issued, as they apply to the Town of Vail. iv. Animal sheltering services for animals attributable to the Town, of the nature and quality customarily provided at the Shelter. Animals attributable to the town are animals impounded within the Town of Vail and animals owned by persons dwelling, permanently or temporarily, in the Town of Vail. B. Twenty-four (24) hours per day Emergency On-Call Service (via County answering service when the Shelter not open). i. Emergency On-Call Service will be provided during the period when an Eagle County Animal Service Officer is not on duty. In the event that an Eagle County Animal Service Officer is not immediately available to respond to an incident or emergency, the Town of Vail will provide available personnel to secure the scene and administer control of the situation until the Eagle County Animal Service Officer arrives to resolve said incident. SECTION 4. OFFICIAL STATUS. For the purpose of performing the Animal Services and functions set forth in this agreement, Eagle County Animal Services shall enforce, as the Town’s agent, the Municipal Ordinances relating to animals now in effect and as amended from time to time. SECTION 5. EQUIPMENT. The County shall furnish and supply, at its sole expense, all necessary labor, supervision, equipment, motor vehicles, office space, and operating and office supplies necessary to provide the services to be rendered hereunder. SECTION 6. COMPENSATION. The Town of Vail agrees to pay the County, monthly, the sum of $3,200.00 for General Animal Services. On-Call Emergency Service shall be billed at: $50.00 per hour. 2/5/2013 The Town of Vail agrees to pay the County, on or before the fifteenth day of each month, for General Animal and On-Call Emergency Services rendered the previous month. All fees and expenses recovered at or for the Shelter will remain with the County. All court fines and costs will remain with the court of venue. The County shall administer the County’s Dog License Program for the Town. Monies collected from residents of the Town shall belong to the County. SECTION 7. PERSONNEL. The Eagle County Animal Services Officer shall have full cooperation from the Town of Vail, its public works, its police officers and/or their respective officers, agents, and employees, so as to facilitate the performance of this Agreement. The rendition of Animal Services provided for herein, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed, shall remain in the County. All persons employed in the performance of such Animal Services for the Town of Vail, pursuant to this agreement, shall be County employees, except for Town personnel used to secure the scene as described in Section 3. SECTION 8. LIABILITY AND INSURANCE. A. The County, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of the Town or of any officer or employee thereof. Likewise, the Town, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of the County or by any officer or employee thereof. B. The County agrees to indemnify, defend and hold harmless to the extent allowed by law, the Town, its respective agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever, arising out of or related to the County's intentional or negligent acts, errors or omissions or that of its agents, officers, servants, and employees, whether contractual or otherwise. Likewise, the Town agrees to indemnify, defend and hold harmless to the extent allowed by law, the County, its respective agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever arising out of or related to the Town's intentional or negligent acts errors or omissions or that of its agents officers, servants and employees, whether contractual or otherwise. C. The County and the Town shall respectively provide its own public liability, property damage, and errors and omissions insurance coverage as each party may deem adequate and necessary for any potential liability arising from this Agreement. Further, 2/5/2013 the County and the Town, respectively, shall name, subject to the approval of each respective party's insurance carriers, the other respective party as a co-insured under such insurance policies to the extent of any potential liability arising under this Agreement and, upon reasonable written request, shall furnish evidence of the same to the other respective party. SECTION 9. TERM AND TERMINATION. This Agreement is effective January 1, 2013 and shall end on the 31st day of December, 2013. Either party shall have the right to terminate this agreement with or without cause at any time by giving the other party thirty (30) days' prior written notice of termination. Upon termination, the County shall be entitled to compensation for services performed prior to such termination (calculated by prorating the monthly rate for the number of days the County performed General Animal Services and adding all charges for any additional services, including Emergency On Call Services, performed by the County during that time), and both parties shall thereafter be relieved of any and all duties and obligations under this Agreement. Obligations of the Town of Vail and the County, respectively, after the current fiscal year, are contingent upon funds for the purpose set forth in this Agreement being appropriated, budgeted and otherwise made available. SECTION 10. GENERAL PROVISIONS. A. Notices. All notices, requests, consents, approvals, written instructions, reports or other communication by the Town of Vail and the County, under this Agreement, shall be in writing and shall be deemed to have given or served, if delivered or if mailed by certified mail, postage prepaid or hand delivered to the parties as follows: Town of Vail: Town Attorney Town of Vail 75 S. Frontage Road Vail, CO 81657 County of Eagle: Eagle County Attorney P.O. Box 850 Eagle, CO 81631 2/5/2013 Either party may change the address to which notices, requests, consents, approvals, written instructions, reports or other communications are to be given by a notice of change of address given in the manner set forth in this paragraph A. B. This agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the Town or the County because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. C. No modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. D. This written Agreement embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the County or the Town other than those contained herein. E. This Agreement shall be binding upon the respective parties hereto, their successors or assigns and may not be assigned by anyone without the prior written consent of the other respective party hereto. F. All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid Agreement or covenant were not contained herein. G. The Town has represented to the County and, likewise, the County has represented to the Town, that it possesses the legal ability to enter into this Agreement. In the event that a court of competent jurisdiction determines that either of the parties hereto did not possess the legal ability to enter into this Agreement, this Agreement shall be considered null and void as of the date of such Court determination. 2/5/2013 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS By:__________________________ By:__________________________________ Clerk to the Board of Peter F. Runyon, Chairman County Commissioners ATTEST: TOWN OF VAIL By:___________________________By:__________________________________ Town Clerk Manager 2/5/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 5, 2013 ITEM/TOPIC: Town Manager Report: 1) Main Vail Fire Station EHU update; 2) Timber Ridge payoff ATTACHMENTS: Golden Peak Traffic information 2/5/2013 To: Vail Town Council From: Town Manager’s Office, Public Works Department, Vail Police Department Date: November 20, 2012 Subject: Vail Valley Drive Traffic I. SUMMARY The purpose of this memorandum is to provide a report on the actions which have resulted from refinements and a series of neighborhood meetings concerning traffic issues on Vail Valley Drive associated with the Golden Peak area. II. CHANGES AND COMMITMENTS FOR THE 2012-2013 SKI SEASON Three meetings were held with the neighborhood concerning Vail Valley Drive traffic. Issues brought up ranged from short term concerns to longer range issues. A final pre ski season meeting was held on November 1, 2012, and the following is a summary of the actions items and commitments by the various parties to be implemented this coming ski season. Town of Vail: • All pedestrian crosswalks along Vail Valley Drive will be marked with the cross walk signs, in addition to advance warning signs on either end of the neighborhood. Signs will be in place for the ski season. • Updated traffic counts will be taken during peak traffic times as a comparison to previous traffic counts the town has on record to provide a more up to date understanding of the traffic issues. • The Police Department will have one more Code Enforcement Officer position filled. In addition, a revised schedule for the Vail Police Department will have additional police officer coverage on Saturdays during the 2012-2012 ski season. • A Town of Vail Transportation Ordinance (Ordinance No. 15, Series of 2012, passed on second reading November 6, 2012) which requires all private vehicles providing transportation services to be registered and sets out where these vehicles can operate within the town will be adopted and implemented. This will allow better education and enforcement regarding issues with the providers. 2/5/2013 Town of Vail Page 2 Vail Resorts • DEVO(Vail Development Team) drop off will occur at the Vail Transportation Center exclusively. This will eliminate all traffic to Golden Peak for DEVO in the mornings. The DEVO pick up will still occur at Golden Peak; however due to many parents skiing down to pick up their kids, the pick up has been less of an issue. • There will be a limited amount of premiere reservation parking at the lots. This will be a service which utilizes both passport spaces in the rental pool, approximately 10-15, as well as utilizing 10 striped spaces which can be parked with 15 cars. The personnel operating the service will also be responsible to manage the parking lot per the Golden Peak Management Agreement. Manor Vail • Manor Vail will be utilizing two parking lot attendants to assist with moving traffic near their entry when parking is available to the public. Ski Club Vail • If needed Ski Club will experiment with running their driveway traffic in the opposite direction to lessen impacts to the Manor Vail entry. The traffic would enter the east drive cut and exit out of the west drive cut. All • Meet to review the season to date after the Martin Luther King holiday to evaluate the changes implemented. 2/5/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 5, 2013 ITEM/TOPIC: Memorial Weekend 2013 Presentation PRESENTER(S): James Deighan, Highline Sports and Entertainment ACTION REQUESTED OF COUNCIL: Council is being asked to approve, approve with modifications or deny the request BACKGROUND: The Town Council allocated $85,000 toward the funding of an event to be held on Memorial Weekend 2013 to kick off the summer season. The Commission on Special Events has taken several steps to arrive at a concept for Town Council’s consideration and approval. Research was conducted with focus groups comprising representatives of the Vail target audience as well as an online questionnaire that was sent to a database of 4,000. The culinary concept received the most traction of the concepts tested. FEAST! Vail is the concept being proposed which would bring a fresh look at the superior culinary talent here in Vail by pairing local chefs up against some of the best talent from Denver. There would be intimate food and wine pairings, 12 custom seminars daily, an exercise and culinary event, après events to meet guest chefs and a farm to table event. Complete information is in the attached presentation including estimated ROI, community involvement, marketing strategy, budget framework and next steps. The CSE will work collaboratively with Highline Sports and Entertainment, the event promoter, to further develop the proposed event components and to ensure that the Vail restaurant community will embrace the concept. ATTACHMENTS: 2013 Memorial Weekend Presentation 2/5/2013 To: Vail Town Council From: Commission on Special Events Date: February 5, 2013 Subject: Memorial Weekend 2013 I. BACKGROUND The Town Council allocated $85,000 toward the funding of an event to be held on Memorial Weekend 2013 to kick off the summ er season. The Commission on Special Events has taken several steps to arrive at a concept for Town Council’s consideration and approval. II. OVERVIEW Research was conducted with focus groups comprising representatives of the Vail target audience as well as an online questionnaire that was sent to a database of 4,000. The culinary concept received the most traction of the concepts tested. FEAST! Vail is the concept being proposed which would bring a fresh look at the superior culinary talent here in Vail by pairing local chefs up against some of the best talent from Denver. There would be intimate food and wine pairings, 12 custom seminars daily, an exercise and culinary event, après events to meet guest chefs, and a farm to table event. Complete information is in the attached presentation including estimated ROI, community involvement, marketing strategy, budget framework and next steps . The CSE will work collaboratively with Highline Sports and Entertainment, the event promoter, to further develop the proposed event components and to ensure that the Vail restaurant community will embrace the concept. 2/5/2013 Town of Vail Page 2 III. ACTION REQUESTED OF COUNCIL Council is being asked to approve, approve with modifications or deny the request . IV. ATTACHMENTS FEAST! Vail Memorial Weekend 2013 Presentation 2/5/2013 FEAST! VAIL MEMORIAL WEEKEND 2013 KEY VAIL RESEARCH LEARNINGS AND EVENT OPPORTUNITIES  Luxury did not resonate at all – luxury within the Vail brand connotes the outdoors and quality time, not material possessions and acquisi tion. Vail is for participants.  Music – participants are knowledgeable of Vail’s and others music events and saw a Memorial festival as perhaps too much; when we pivoted to January discussion in group 2, as an après, ‘walk around’ concept there was far more traction.  Food – strong traction, especially in group 2, and spread amongst younger to older; enthusiasm and strong themes: o Hands on, participatory, competitive and celebrity elements o The idea of wine pairings, mixology, demos, classes, children’s cooking, kitchen tours o Celebrity aspects especially well received; Iron Chef, ‘Throw Downs’ o Indoor/Outdoor, competitions amongst attendees o Possible tie to Health & Well-being EVENT OVERVIEW This Memorial Day weekend Vail kicks off the summer season and tempts the taste buds with all things culinary. FEAST! Vail is a brand new event that will bring a fresh look at the superior culinary talent we have here in the Vail Valley by pairing up our chefs up against some of the best talent from Denver and it will be a weekend not to be missed. These masters of the kitchen will open their doors for a weekend of food, wine and spirits that is sure to leave you hungry for more! Join us for intimate food and wine paired meals including features from renowned chefs from the Front Range. Learn tricks of the trade, sample, be amazed, and get inspired with 12 custom seminars daily. Exercise while still honing in on your epicurean side with our morning lifestyle events all paired with a signature brunch. The event will roll into the evening with lively après events where you can meet and mingle with guest chefs. For a more exclusive approach come to one of the intimate wine paired dinners which will bring you face to face with our guest chefs paired up with some of Vail’s finest talent to bring you a dinner to remember. Save the date for this new event coming to Vail which highlights the best of Vail Culinary talent while keeping the experiential elements for our adventurous Vail guests in mind. 2/5/2013 FEAST! VAIL MEMORIAL WEEKEND 2013 PRELIMINARY SCHEDULE FRIDAY, MAY 24 SINGLE BITE NIGHT Location TBD 6 - 9pm | Price TBD Look out Vail, here comes the ultimate customized tasting event to start the Vail holiday in style! Come enjoy a variety of bites and wash it all down with microbrews and spirits from around Colorado. This event will focus on a unique experiences for the guest, complete with music, flare and fun restaurant displays to kick off the event in a memorable way. No need to vote for your favorite partake in them all, after all it’s the start to an amazing holiday weekend! SATURDAY, MAY 25 BELAY AND BRUNCH Vail Athletic Club, Vail 10 - 11:30am | $50 Take this Memorial weekend to new heights with an instructional climbing clinic at the Vail Athletic Club. After you have reached your peak guests will enjoy an early afternoon brunch at Terra Bistro. This event is open to all ability levels and no equipment is necessary. CULINARY VAIL - SESSION ONE Solaris Culinary Promenade & Pop-up Culinary Venues 11am - 11:45pm | Included with your Culinary Vail weekend pass or $25/session Join renowned chefs from around Colorado and our own world-class talent from right here in the Vail Valley for the best of the West! Guest will have the opportunity to choose from four different culinary, wine and cocktail seminars that are sure to please the palate. Each seminar is unique and independent to that chef, restaurant and expertise but no matter the focus they are guaranteed to inspire your taste buds and leave you hungry for more! Each seminar is first-come, first-served. CULINARY VAIL - SESSION TWO Solaris Culinary Promenade & Pop-up Culinary Venues 12:30 - 1:15pm | I ncluded with your Culinary Vail weekend pass or $25/session The mouthwatering excitement continues with the next four seminars for the afternoon. Some of the seminars will rotate and some will repeat, making sure that there is plenty of opportunity for guests to enjoy a variety of options while still having time to see their favorites. Each seminar is first-come, first-served. CULINARY VAIL - SESSION THREE Solaris Culinary Promenade & Pop-up Culinary Venues 2 - 2:45pm | Included with your Culinary Vail weekend pass or $25/session One final seminar session for the day that will again include four more options for guests to indulge. Each seminar is first-come, first-served. HAPPY HOUR – BOWLING AND BITES Bol, Solaris Vail 4 - 6pm | Complimentary admission. Cocktail, food and bowling specials available with your spare time get the evening rolling with Culinary Vail’s Happy Hour at Bol featuring signature cocktails, bites and of course bowling. Admission and live entertainment are complimentary; cocktails, food and bowling specials will be available from 4-6pm. FOOD & WINE PAIRED DINNER FEATURING GUEST CHEF TBD Location TBD 7:30pm | Ticket price TBD 2/5/2013 FEAST! VAIL MEMORIAL WEEKEND 2013 Join renowned guest chef TBD paired with local favorite, Chef TBD for an intimate food and wine paired evening. This special event will sure to be an evening to remember. Spaces are limited so please register early. SUNDAY, MAY 26 HUNGRY HIKE Meet at the base of the Eagle Bahn Gondola, Lionshead 8:30 - 11:30am | $50 Rejuvenate your body before the final day of culinary action. Join local trail expert for a steady hike up Vail Mountain. Upon completion of this hike guest will enjoy a picnic brunch on Vail Mountain and a complimentary gondola ride back down. This event has limited space so sign up early so you don’t miss out on the fun! CULINARY VAIL - SESSION ONE Solaris Culinary Promenade & Pop-up Culinary Venues 11am - 11:45pm | Included with your Culinary Vail weekend pass or $25/session Join renowned chefs from around Colorado and our own world-class talent from right here in the Vail Valley for the best of the West! Guest will have the opportunity to choose from six different culinary, wine and cocktail seminars that are sure to please the palate. Each seminar is unique and independent to that chef, restaurant and expertise but no matter the focus they are guaranteed to inspire your taste buds and leave you ready for more! Each seminar is first-come, first-served. CULINARY VAIL - SESSION TWO Solaris Culinary Promenade & Pop-up Culinary Venues 12:30 - 1:15pm | Included with your Culinary Vail weekend pass or $25/session The mouthwatering excitement continues with the next six seminars for the afternoon. Some of the seminars will rotate and some will repeat, making sure that there is plenty of opportunity for guests to enjoy a variety of options while still having time to see their favorites. Each seminar is first-come, first-served. CULINARY VAIL - SESSION THREE Solaris Culinary Promenade & Pop-up Culinary Venues 2 – 2:45pm | Included with your Culinary Vail weekend pass or $25/session One final seminar session for the day that will again include six more options for guests to indulge. Each seminar is first-come, first-served. HAPPY HOUR – GET FROSTY Frost, The Sebastian, Vail 4-6pm | Complimentary admission. Cocktail and food specials available in honor of our host all FROSTY cocktails will be on special as live entertainment and tasty bites are served all around you. Admission and live entertainment are complimentary; drink and food specials will be available from 4-6pm. FOOD & WINE PAIRED DINNER FEATURING GUEST CHEF TBD Location TBD 7:30pm | Ticket price TBD Join renowned guest chef TBD paired with local favorite, Chef TBD for an intimate food and wine paired evening. This special event will sure to be an evening to remember. Spaces are limited so please register early. MONDAY, MAY 27 BRUNCH BUNCH Larkspur Lawn, Vail 10:30am - 12pm | Ticket Price TBD Come be part of Vail’s largest outdoor table (and kids table). Join renowned local and guest chefs for one final meal. Mouthwatering food, endless mimosas, live entertainment all set under the Gore Range; this family style, farm to table brunch is one that will not disappoint! 2/5/2013 FEAST! VAIL MEMORIAL WEEKEND 2013 COMMUNITY INVOLVEMENT FEAST! Vail is the opportunity to showcase Vail, Colorado as a top culinary destination. Not only by Vail’s stand-alone talent but pair our local talent up with and against the most renowned talent from the Front Range… the best of the west! In order to achieve this level of exposure and excellence it takes a village. Highline plans to have the following community involvement:  Meet with key members of the dining community to get expertise and see the level of involvement that would be realistic for a local restaurant that time of year  Reach out to the TOV for there backing and approval of the overall event concept  Reach out to top restaurant talent to get their support and use their Front Range resources to help leverage the event and bring it the top level culinary talent  Meet with potential media and event sponsors to bring more credibility and resources to the event  Reach out to the full Vail dining community to start filling out the schedule with meaningful and top level programming that will truly show off Vail’s aptitude. If participation is high events will be selected and distributed on a first-come, first-served basis  Reach out to the lodging community to put together packages for the weekend that will entice out of town guests and also include credentials for weekend events  Partner with key lodging properties to utilize valuable venue space for potential events  Work with the dining community to help spread the word through local and internal marketing resources (check presenters, personal databases, etc.) 2/5/2013 FEAST! VAIL MEMORIAL WEEKEND 2013 MARKETING STRATEGY Objective  Generate maximum early awareness of Feast! Vail via integrated VLMDAC Front Range campaign complimented by a targeted Vail Valley push. Tactics  Targeted cable TV, Denver Post, and highly targeted digital campaign (FB, Twitter, SEO/SEM, video).  Possible tactical outdoor use in concentrated ‘food’ neighborhoods (e.g. LoDo, Highlands et. al.)  Co-op with celebrity chef and participating restaurant customer lists  VRI and existing foodie data bases (e.g. Gourmet on Gore list)  Vail Valley integration consisting of print, radio, TV and grassroots promotion including postering and POS handbills. Target Audience  Front Range Couples, Professionals; Secondary = Families with Children  Some destination targeting  Summit and Eagle Counties Timing  Circa May 1st for paid media  ‘Seed’ April with early free media awareness 2/5/2013 FEAST! VAIL MEMORIAL WEEKEND 2013 FEAST! VAIL BUDGET FRAMEWORK The FEAST! Vail event budget will require careful construction and management in order to successfully produce the inaugural culinary event. There will be a number of expected revenue streams produced by the event beyond the TOV/CSE funding that will help to offset the many expenses associated with an event of this size and caliber. These revenue streams are expected to include pass/ticket sales, sponsorships, merchandise sales (branded aprons, glasses, cutting boards, cook book, et al) and F&B sales. Revenue estimates will be honed once the complete schedule of events is finalized. On the expense side of things, we see the major costs being tenting/rentals, staffing, costs associated with bringing in the guest chefs and marketing. We are anticipating that we will receive the marketing expertise and spend of VLMDAC to help showcase this culinary kick-off to summer in Vail. Additionally, we will look to solicit value-in-kind contributions from numerous vendors to help liquidate the numerous event expenses. Some of these may include but are not limited to trade with advertising outlets, rental companies, lodging, and more. Value-in- Kind is especially important with a first year event. Expense estimates will be finalized once the complete schedule of events is determined. In closing, Highline has over 15 years experience managing large event budgets, including culinary events like Gourmet on Gore, and we are confident this can be a fiscally successful event in year one and beyond. 2/5/2013 FEAST! VAIL MEMORIAL WEEKEND 2013 Estimated FEAST! VAIL REVENUES: Sponsorships (net)85,000$ CSE Event Funding 85,000 Ticket/Pass/Activity Sales 15,000 F&B Sales (less sales tax 4.4%)10,000 Merchandise Sales 7,500 TOTAL REVENUES 202,500$ EXPENSES: Event Operations 18,500$ Talent - Chefs/Entertainment 20,000 Event Advertising/Marketing 10,000 Event Merchandise/Sponsor Gifting 7,500 Event Supplies 5,000 F&B Expenses 10,000 Charitable Donation 2,000 Event Equipment/Party Rentals 25,000 Event Photography 1,000 Portable Toilets/Trash Removal 2,500 Awards 1,000 Public Relations 5,000 Venue Rental/Site Fees (Solaris)2,000 Wardrobe/Uniforms 500 Event Insurance 5,000 Equipment Repairs 150 Bank/Credit Card Charges 450 Activities 5,000 Pre-press/Design 1,000 Licenses and Permits 1,500 Printing and Reproduction 3,000 Office/Computer Supplies 200 Office Expenses 200 Postage/Shipping 750 Web Site/E-Mail/On-line Ticketing 150 Event/Sales Travel 2,500 Meals/Entertainment 1,000 Event Lodging 3,500 Sponsor Ground Transfers 1,000 Contract Labor (Culinary Consultant)17,000 Payroll Expenses 10,000 Agency Management Fee 40,000 TOTAL EXPENSES 202,400$ NET PROFIT (LOSS)100$ 2/5/2013 FEAST! VAIL MEMORIAL WEEKEND 2013 Estimated Incremental Room Nights and Revenue Generated by the 2013 FEAST! Vail. 2013 Estimated Incremental Spending Incremental Room Nights Estimated attendance: 3,000 Those who came just for the event: 90% Those staying in Town of Vail lodging: 80% Average nights stay in Vail: 2 Total Incremental Room Nights: 2,160 (2ppl/room) Incremental Spending Estimated attendance per day: 1,000 Average amount spent: $200 Event Days: 3 Total Incremental Spending: $600,000 Average lodging price per person per night: $100 Incremental room nights: 2,160 Subtotal spent on lodging: $432,000 Number of days in Vail not for event: 1.0 Number of people staying additional days: 250 Average amount spent per day: $200 Subtotal spent on non-event days: $50,000 Total Estimated Incremental Spending: $1,082,000 2/5/2013 FEAST! VAIL MEMORIAL WEEKEND 2013 2013 Town of Vail Estimated Return on Investment Town of Vail Investment $85,000 Total Value of Media, Public Relations and Event Related Impressions for a top-tier Presenting Sponsor (such as the Town of Vail) (measured by Event Industry-accepted means). This number is based on the projected PR and marketing for this event. $500,000 Return on Investment through Media, PR and Event Related Impressions alone: 4.9-to-1 Est. Incremental Room Nights Generated 2,160 Incremental Spending Generated $1,082,000 Return on Investment through Incremental Spending Generated in the Town of Vail: 11.7-to-1 Tax Receipts (Sales - 4%, Lodging-5%) $47,600 Return on Investment through incremental spending tax receipts generated in the Town of Vail: - 2/5/2013 FEAST! VAIL MEMORIAL WEEKEND 2013 NEXT STEPS  Highline to execute follow-up meetings with key Vail Restaurant community partners for additional feedback and reach out to the Vail restaurant community to obtain active involvement and customized partnerships  Continue to devel op the event details and event branding that differentiate the event from other existing culinary events showing the uniqueness of FEAST! Vail  Report back to the Town of Vail with the details surrounding the national media partner  Sponsorship outreach to build the event presence and sponsor activations  Gain lodging partnerships and support focusing on the event framework for the holiday weekend  Finalization of restaurant involvement  Public Relations and Marketing to include a lodging component and holiday weekend packages THANK YOU JAMES DEIGHAN HIGHLINE james@gohighline.com 970.476.6797 x 102 2/5/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 5, 2013 ITEM/TOPIC: Burton US Open Update PRESENTER(S): Peggy Wolfe, Highline Sports and Entertainment ACTION REQUESTED OF COUNCIL: Council is being requested to listen to the presentation and ask questions. BACKGROUND: The Town Council allocated $400,000 toward the funding of the Burton US Open Snowboarding Championships to be held February 25 – March 2, 2013. Highline Sports and Entertainment is giving an update on estimated ROI, sponsorship benefits, community involvement, marketing strategy, broadcast schedules, and event schedules. Complete information is in the attached presentation. ATTACHMENTS: 2013 Burton US Open Update 2/5/2013 To: Vail Town Council From: Highline Sports and Entertainment Date: February 5, 2013 Subject: Burton US Open 2013 Update I. BACKGROUND The Town Council allocated $400,000 toward the funding of the Burton US Open Snowboarding Championships to be held February 25 – March 2, 2013. II. OVERVIEW Highline Sports and Entertainment is giving an update on estimated ROI, sponsorship benefits, community involvement, marketing strategy, broadcast schedules and event schedules. Complete information is in the attached presentation. III. ACTION REQUESTED OF COUNCIL Council is being requested to listen to the presentation and ask questions. IV. ATTACHMENTS Burton US Open Snowboarding Championships 2013 Presentation 2/5/2013 REMINDER ROI 2013 Town of Vail Estimated Return on Investment Town of Vail Investment $400,000 Plus in-kind services as approved. Total Value of Media, Public Relations and Event Related Impressions for a top-tier Presenting Sponsor (such as the Town of Vail) (measured by Event Industry-accepted means). This number is based on the projected PR and marketing for this event and estimates from this event last year and other similar events. $7,000,000 Return on Investment through Media, PR and Event Related Impressions alone: 16.5-to-1 Estimated Incremental Room Nights Generated 30,000 Estimated Incremental Spending Generated $18,500,000 Estimated Tax Receipts (Sales - 4%, Lodging-4%) $740,000 Estimated Parking Receipts $75,000 Total Town of Vail Receipts $815,000 Return on Investment through Incremental Spending in the Town of Vail: 104% TOWN OF VAIL RIGHTS AND BENEFITS  Name and/or logo I.D. on USO 4-color print ads, posters, flyers, event brochures, media releases, USO website, event t-shirts, credentials, competitors bibs  Mention in all radio ads  Custom created event signage + traditional Town of Vail banner placement  PA mentions throughout event sites  Two (2) Town of Vail thirty second (:30) spots aired one of the LIVE shows airing March 1  Ten (10) Town of Vail thirty second (:30) spots aired on the big screens during event  Town of Vail digital signage on webcast and television programming globally  Event VIP credentials and gift bags  Town of Vail fifteen second (:15 sec) vignette in on e or more USO television program  Enhanced television production including second cable cam on Half Pipe  Increased lifestyle events o Solaris-event emcee and expanded Riglet operations o Lionshead (Vail Square and or Sun Dial Plaza) to include big screen, USO activations and USO Movie night  Town of Vail merchant and local school outreach program  Increased marketing/social media push and presence in key domestic and international Town of Vail markets  Expanded television distribution to key Town of Vail international markets 2/5/2013 COMMUNITY INVOLVEMENT USO MIRACLE CARD The USO MIRACLE CARD is a unique perk program designed exclusively for the 2013 Burton US Open in conjunction with Town of Vail retailers, bars and restaurants as a way for spectators and participants to get a deal. Check out burton.com/uso and click on the USO Miracle Card link for a list of participating Town of Vail retailers, bars and restaurants and the deals they are offering during the event. Stop by the Vail Village and Lionshead Welcome Centers and the USO Info tent at Golden Peak to pick up a FREE USO MIRACLE CARD. Take advantage of great deals throughout Vail Village, Solaris and Lionshead during the competition (Wednesday, February 27-March 2). LIONSHEAD ACTIVATIONS USO Photo Booth Wednesday, February 28-March 2, 2013, 9am-5pm USO Scavenger Hunt Wednesday, February 28-March 2, 2013,For kids of all ages  USO Scavenger Hunt Kits available at the Lionshead Burton store (also available at VV Burton store and the Burton Stone Hut at Golden Peak)  Grab a card with clues and Burton beanie just for participating  Kids will pick up a button (for their beanies) from each location visited  Once card is complete and each location has been visited, drop the card at either Burton store (VV or LH) and get entered for a chance to win Bur ton shopping spree at Vail stores 
  Prizes range from $20 - $500  Winners announced on Sunday, March 3, 2013

 Burton Archive Gallery Showing  Thursday-Saturday, February 28-Mar 2, 2013, Lionshead Burton store  Stop by the Burton store and get the inside scoop on Burton’s 30+ years of heritage.

 USO Movie Night  Friday and Saturday, March 1-2, 2013, 6-8pm  A collection of Burton snowboard movies play on the big screen , Smores/Hot Chocolate/Fire Pit available
 2/5/2013 MARKETING UPDATE Planned as of 01/29/13 WEBCAST AND TV BROADCAST SCHEDULE LIVE on burton.com Wed, Feb 27 Women's and Men's Slopestyle Semi Finals 8:30am – 3:15pm MST Thurs, Feb 28 Women's and Men's Half Pipe Semi Finals 8:30am – 3:15pm MST Fri, March 1 Women's and Men's Slopestyle Finals 10:00am – 2:45pm MST Sat, March 2 Women's and Men's Half Pipe Finals 10:00am – 2:45pm MST NBC Sports Network Broadcast Sat, Mar 2 Men’s Half Pipe Finals 12:30pm EST Universal Broadcast Fri, Mar 1 Men’s Slopestyle 1:30am EST Men’s Slopestyle 12:30pm EST Women’s Slopestyle 3:30pm EST Women’s Slopestyle 10:00pm EST Sat, Mar 2 Women’s Half Pipe 1:30am EST Women’s Slopestyle 1:00pm EST Women’s Half Pipe 3:30pm EST Sun, Mar 3 Women’s Half Pipe 4:00am EST Women’s Half Pipe 1:00pm EST Men’s Half Pipe 4:00pm EST Men’s Slopestyle 10:30pm EST Mon, Mar 4 Men’s Half Pipe 1:00am EST Tues, Mar 5 Men’s Slopestyle 12:00am EST Men’s Half Pipe 2:30pm EST Wed, Mar 6 Women’s Slopestyle 2:00am EST Women’s Slopestyle 6:00pm EST Thurs, Mar 7 Women’s Half Pipe 1:00am EST Women’s Half Pipe 6:00pm EST Fri, Mar 8 Men’s Slopestyle 3:30am EST Men’s Half Pipe 5:30pm EST Men’s Half Pipe 10:30pm EST Sun, Mar 10 Slopestyle Highlight Show 10:30am EST Half Pipe Highlight Show 3:30pm EST Mon, Mar 11 Slopestyle Highlight Show 4:30am EST Half Pipe Highlight Show 10:30am EST Slopestyle Highlight Show 12:30pm EST Tues, Mar 12 Half Pipe Highlight Show 4:30am EST Slopestyle Highlight Show 10:30am EST Half Pipe Highlight Show 12:30pm EST 2/5/2013 MARKETING UPDATE CONTINUED Planned as of 01/29/13 Wed, Mar 13 Slopestyle Highlight Show 5:30pm EST Thurs, Mar 14 Half Pipe Highlight Show 5:30pm EST Sun, Mar 17 2013 Burton US Open Lifestyle Show 12:00am EST WEBCAST AND TV BROADCAST SCHEDULE CONTINUED 2013 Burton US Open Lifestyle Show 5:00pm EST Tues, Mar 19 2013 Burton US Open Lifestyle Show 3:00pm EST Sun, Mar 24 2013 Burton US Open Lifestyle Show 3:00pm EST Tues, Mar 26 2013 Burton US Open Lifestyle Show 1:00pm EST PRINT  Insertion orders placed in ad variety of weeklies in Denver and Summit County, CO/Vail travel, tourism, community, and winter sports magazines, CO specific snowboard publications o Print Schedule:  Snowboard Colorado print/web Dec 31-Feb 28  CCC Digi Display Jan 28-Feb 4  Colorado Daily Feb ‘12  Onion Feb ‘12  Westword print/web Feb ‘12  Radio and Television o Local spots and promos, live remotes, contests on multiple stations around Vail, Summit County, Denver o Scrolling title bars, commercial inventory, on site production o Comcast TV Late Jan/Feb ‘12 NON-TRADITIONAL MARKETING  GRASSROOTS: o Street team completion of postering and flyering at college campuses, high- traffic shops, bars, and restaurants in Vail, Summit County, Roaring Fork Valley and Denver, other winter sports events, concerts or festivals. o Outreach to local high school and college snowboard clubs with special offers or transportation packages  LOCAL AND FRONT RANGE STREET TEAM POSTER AND RACK CARD DISTRIBUTION - 8,400 Rack Cards, 500+ posters  BURTON RETAILER TARGETED POSTER AND RACK CARD DISTRIBUTOIN – 2,500 posters, 10,000 Rack Cards  VAIL MOUNTAIN DINING, TICKET OFFICES AND MORE – 250+ posters  OPEN HOUSES - Several planned open houses for the Town of Vail Community  GRASSROOTS MEDIA EFFORTS – outreach to a variety of Vail organizations for eblast inclusions, event calendars inclusions, event highlights and more 2/5/2013 MARKETING UPDATE CONTINUED Planned as of 01/29/13 DIGITAL MEDIA o Online advertising campaign on relevant winter sports, youth, music, culture and events/activities websites in Colorado o BURTON.COM: Event page live on burton.com, promotions, schedules etc. o VAIL.COM: Event Page live on Vail.com, Homepage Hero Image and Homepage promo; Heavy Vail.com retargeting Google content network in Denver and key markets until Feb 15 o BURTON E-MAIL / SOCIAL: 5 emails with targeted reach from Nov. 15 – Feb. 23 o VAIL E_MAIL / SOCIAL: to follow Burton’s lead on announcements PR OUTREACH  Press release #1 Full site launch, packages  Press release #2 Experience, schedule  Comprehensive PR plan Timeline, tactics, target outlets ADVERTISING / EDITORIAL:  TWS full page ad Jan. 1st February issue  TWS sweepstakes Jan 3rd In book and on-line  TWS on-line campaign Feb. 1st Banner ads  TWS editorial coverage Jan 3rd In book and on-line  Snowboarder full page ad Jan 29th February issue  Snowboarder on-line campaign Dec. 15th Banner ads  Snowboarder e-mail #1 Dec. 15th Quals registration  Snowboarder e-mail #2 Jan. 30th Quals webcast / TV program  Snowboarder e-mail #3 Feb. 23rd Open webcast / TV program  Snowboard Canada full page ad TBD February issue  Universal Sports campaign TBD Digital and broadcast promo  TTR video edits TBD Website, video platforms, social networks RETAIL/DISPLAY: A variety of promo posters, window displays, 02GearShop online camp aign, SIA tradeshow promotion, SSV partner store window displays and feature store displays SOCIAL:  Facebook advertising campaign targeted to a specific demographic in Colorado  Follow Main Burton PR release dates with content on social channels: i.e. rider announcements on FB/twitter  Week of event, CTA is TV viewing link on Burton.com/uso with photo/video posts  Paid Social FB ads  Event awareness driving to Vail FB, USO event page o Creative including event logo and Vail imagery o Mid Jan for out of state, through event for in state 2/5/2013 SCHEDULE MONDAY, FEBRUARY 25, 2013 10am-12pm Men’s and Women’s HALF PIPE practice Golden Peak Men’s and Women’s SLOPESTYLE practice 1-3pm Men’s and Women’s HALF PIPE practice Men’s and Women’s SLOPESTYLE practice TUESDAY, FEBRUARY 26, 2013 10am-12pm Men’s and Women’s HALF PIPE practice Golden Peak Men’s and Women’s SLOPESTYLE practice 1-3pm Men’s and Women’s HALF PIPE practice Men’s and Women’s SLOPESTYLE practice 3-5pm Après Party VV Burton store WEDNESDAY, FEBRUARY 27, 2013 8-8:45am Women’s SLOPESTYLE SEMI FINAL practice Golden Peak 9:00-10:20am Women’s SLOPESTYLE SEMI FINAL 9am-5pm Riglet, Live Feed, Sponsor Expo Village open Solaris RIGLET HOURS: 10am-noon, 2-4pm 9am-5pm Live Feed and Event Activations Lionshead 10am-12pm Men’s and Women’s HALF PIPE practice 10:20-11:05am Men’s heat # 1 SLOPESTYLE SEMI FINAL practice 11am-4pm Sponsor Expo Village open Golden Peak 11:20am-12:40pm Men’s SLOPESTYLE SEMI FINAL heat # 1 12:40-1:25pm Men’s heat # 2 SLOPESTYLE SEMI FINAL practice 1-3pm Men’s and Women’s HALF PIPE practice 1:40-3pm Men’s SLOPESTYLE SEMI FINAL heat # 2 3-5pm Après Party VV Burton store THURSDAY, FEBRUARY 28, 2013 8-8:45am Women’s HALF PIPE SEMI FINAL practice Golden Peak 2/5/2013 SCHEDULE CONTINUED 9:00-10:20am Women’s HALF PIPE SEMI FINAL 9am-4pm Sponsor Expo Village open Golden Peak 9am-5pm Riglet, Live Feed, Sponsor Expo Village open Solaris RIGLET HOURS: 10am-noon, 2-4pm 9am-5pm Live Feed and Event Activations Lionshead 10am-12pm Men’s and Women’s SLOPESTYLE practice 10:20-11:05am Men’s heat # 1 HALF PIPE SEMI FINAL practice 11:20am-12:40pm Men’s HALF PIPE SEMI FINAL heat # 1 12:40-1:25pm Men’s heat # 2 HALF PIPE SEMI FINAL practice 1-3pm Men’s and Women’s SLOPESTYLE practice 1:40-3 pm Men’s SLOPESTYLE SEMI FINAL heat # 2 3-5pm Apres Party VV Burton store FRIDAY, MARCH 1, 2013 9-10am Men’s SLOPESTYLE practice Golden Peak 9am-4pm Sponsor Expo Village open Golden Peak 9am-9pm Riglet, Live Feed, Sponsor Expo Village open Solaris RIGLET HOURS: 10am-noon, 1-3pm, 4-6pm 9am-5pm Live Feed and Event Activations Lionshead 10am-12pm Men’s and Women’s HALF PIPE practice 10:30am-12:00pm Men’s SLOPESTYLE FINALS 12:10-1:10pm Women’s SLOPESTYLE practice 1-3pm Men’s and Women’s HALF PIPE practice 1:30-2:30pm Women’s SLOPESTYLE FINALS 2/5/2013 SCHEDULE CONTINUED 2:45-3:15pm Awards Golden Peak 3-5pm Après Party and Burton Rider Signing VV Burton store 6-9:30pm Headliner Concert-MACKELMORE & RYAN LEWIS Solaris SATURDAY, MARCH 2, 2013 9-10am Men’s HALF PIPE practice Golden Peak 9am-4pm Sponsor Expo Village open 9am-9pm Riglet, Live Feed, Sponsor Expo Village open Solaris RIGLET HOURS: 10am-noon, 1-3pm, 4-6pm 9am-5pm Live Feed and Event Activations Lionshead 10:30am-12:00pm Men’s HALF PIPE FINALS 12:10-1:10pm Women’s HALF PIPE practice 1:30-2:30pm Women’s HALF PIPE FINALS 2:45-3:15pm Awards 3-5pm Après Party VV Burton store 6-9:30pm Headliner Concert-SANTIGOLD Solaris 9:30pm-1:30am After Dark Party with DJs-SKRATCH BASTID & COSMO BAKER Dobson Ice Arena VISIT BURTON.COM/USO to get event updates and details. 2/5/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 5, 2013 ITEM/TOPIC: EGE Air Alliance Request for Funding of $30,000 for 2013 PRESENTER(S): Mike Brown & Chris Romer ACTION REQUESTED OF COUNCIL: Council is being asked to approve, approve with modifications or deny the request. BACKGROUND: The EGE Air Alliance is a 501c6 not-for-profit entity dedicated to creating a vibrant flight service program at the Eagle County Regional Airport. The EGE Air Alliance is a public-private partnership with participants including local municipalities and private business stakeholders. Over the past five years, the community has lost 27% of the available seats into the Vail/Eagle County regional Airport (EGE). For EGE in the winter of 2007-08 (the peak year for enplanements) there were 273,000 available inbound seats. This winter there are 212,000 inbound seats, with a 34,000 seat decrease from last winter. EGE Air Alliance is working to confirm a non-stop flight from Houston this summer on United Airlines: 5 days a week, June 27th – September 7th. The 2013 budget includes a $6,500 line item for administrative costs for the air program, so if approved, this would mean adding $23,500 to the 2013 budget. STAFF RECOMMENDATION: Council is being asked to approve, approve with modifications or deny the request. ATTACHMENTS: EGE Memorandum and PowerPoint 2/5/2013 To: Vail Town Council From: EGE Air Alliance Date: February 5, 2013 Subject: Air Service Program I. EGE AIR ALLIANCE OVERVIEW The EGE Air Alliance is a 501c6 not-for-profit entity dedicated to creating a vibrant flight service program at the Eagle County Regional Airport. The EGE Air Alliance is a public- private partnership with participants including local municipalities and private business stakeholders. II. HISTORY & OPPORTUNITY Over the past five years, the community has lost 27% of the available seats into the Vail/Eagle County Regional Airport (EGE). For EGE in the winter of 2007-08 (the peak year for enplanements) there were 273,000 available inbound seats. This winter there are 212,000 inbound seats, with a 34,000 seat decrease from last winter. We are working to confirm a non-stop flight from Houston this summer on United Airlines: 5 days a week, June 27th – September 7th Complete information is in the attached PowerPoint presentation. III. FUNDING REQUEST The Town of Vail is asked to contribute $30,000 to the EGE Air Alliance for 2013. IV. ATTACHMENTS EGE Air Alliance Presentation 2/5/2013 2/5/2013 Introduction  EGE Air Alliance Board of Directors •Mike Brown (Chair): Alpine Bank •Jean Alexander: The Resort Company •Mike Brumbaugh: Venture Sports •John Ship: Dusty Boot / Metropolitan •Peter Dann: East West Resorts •Gabe Shalley: Vail Resorts Inc. •Rich Carroll: Town of Avon •Jeff Shroll: Town of Gypsum •Kelli McDonald: Town of Vail •Tim Baker: Beaver Creek Resort Company 2/5/2013 Airline Industry Dynamics  Consolidation - TWA American - America West US Air - Northwest Delta - Frontier Midwest -Air Tran Southwest -Continental United -*US Air American (*Inevitable)  US Fleet and Proliferation of Low Cost Carriers - Since 2000, mainline fleet is down 17% or 750 aircraft - Low Cost Carriers % of overall traffic has gone from 17% to 32%  Future aircraft and Efficiencies - 757 fleet being replaced with regional and smaller aircraft - Loss of capacity but gain in efficiencies 2/5/2013 Airport Facts and Figures “EGE” EGE ranks 176th busiest commercial airport in the US On peak Saturdays in winter, EGE has more operations than Colorado Springs Competitive Set = Aspen, Hayden, Montrose, Jackson Hole Five (5) commercial passenger gates w/ parking for ten 757s 25 minutes to Beaver Creek, 35 minutes to Vail, 90 minutes to Aspen Fares tend to be $150 - $200 higher than Denver EGE is operated as a wholly separate business by Eagle County Airport Terminal Corporation which received revenue from landing fees, concession fees and office space rental. 90% of all capital improvements at EGE have been funded by the FAA Approximately 163,000 enplanements in winter; 31,000 in summer Summer maximum operating range is less than 1,000 nm –Long haul range limited to Chicago and Houston 2/5/2013 0 25000 50000 75000 100000 125000 150000 175000 200000 225000 250000 275000 300000 325000 To t a l W i n t e r S e a s o n E n p l a n e m e n t s EAGLE COUNTY REGIONAL AIRPORT (EGE) WINTER GROWTH (Dec 1 to April 30) Other United / United Express Northwest Delta Continental America West American Total Available Seats 2/5/2013 0 5000 10000 15000 20000 25000 30000 35000 40000 45000 50000 55000 60000 To t a l E n p l a n e m e n t s EAGLE COUNTY REGIONAL AIRPORT (EGE) SUMMER GROWTH (June 1 to Sept 30) UAL/UAX AA Total Available Seats 2012 Estimated 2/5/2013 2002-2012 EGE Airport Volumes 0 50,000 100,000 150,000 200,000 250,000 300,000 20 0 2 -20 0 3 20 0 3 -20 0 4 20 0 4 -20 0 5 20 0 5 -20 0 6 20 0 6 -20 0 7 20 0 7 -20 0 8 20 0 8 -20 0 9 20 0 9 -20 1 0 20 1 0 -20 1 1 20 1 1 -20 1 2 20 1 2 -20 1 3 Ca p a c i t y CAPACITY ENPLANEMENTS 2/5/2013 2002-2012 ASPEN Airport Volumes 0 50,000 100,000 150,000 200,000 250,000 20 0 2 -20 0 3 20 0 3 -20 0 4 20 0 4 -20 0 5 20 0 5 -20 0 6 20 0 6 -20 0 7 20 0 7 -20 0 8 20 0 8 -20 0 9 20 0 9 -20 1 0 20 1 0 -20 1 1 20 1 1 -20 1 2 Ca p a c i t y CAPACITY ENPLANEMENTS 2/5/2013 2002-2012 Montrose Airport Volumes 0 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 20 0 2 -20 0 3 20 0 3 -20 0 4 20 0 4 -20 0 5 20 0 5 -20 0 6 20 0 6 -20 0 7 20 0 7 -20 0 8 20 0 8 -20 0 9 20 0 9 -20 1 0 20 1 0 -20 1 1 20 1 1 -20 1 2 20 1 2 -20 1 3 Ca p a c i t y CAPACITY ENPLANEMENTS 2/5/2013 Actual Passengers by Month 0 5000 10000 15000 20000 25000 30000 35000 40000 45000 50000 PASSENGERS 2/5/2013 Competitive Set Funding Structures • Securing Air Service to Eagle County and most other comparable communities requires public/private funding models. Eagle County is NOT unique in this area.  Gunnison/Crested Butte Regional Airport: $29.78 per available seat – $2,200,000 annual community funding – .6% sales tax in resort communities plus $800k from tourism assoc.  Montrose County Regional Airport/Telluride Airport: $21.70 per seat – $2,800,000 annual community funding – 2% sales tax plus private business contributions  Yampa Valley Regional Airport (Steamboat): $11.11 per seat – $2,000,000 annual community funding – .25% sales tax, 2% lodging tax plus private business contributions  Aspen Pitkin County Field: unknown – Privately funded by Aspen / Snowmass business community – Focus primarily on winter 2/5/2013 Competitive Set Funding Structures  Eagle County Regional Airport: $2.74 per available seat in 2012 – Prior to 2012, annual budget was $400k to $600k (summer) –Vail Resorts has funded and marketed 100% of all winter air service. With our competition already having solid, sustainable funding models, we are at a crossroads with our air service program. We must get serious as an Alliance or we will be left in the dust by our competitor resort communities. 2/5/2013 EGE Economic Impacts  Every business and personal income in Eagle County is either directly or indirectly effected by EGE Airport.  2008 Study (CDOT) Total Quantifiable Impact on the County: – $982,170,400 in indirect economic impact – 10,467 jobs (250 direct airport employees) – $293,886,700 in payroll for jobs created –$6.4mm state and local tax receipts collected/paid by airport tenants. 1.All data from the CDOT Division of Aeronautics 2008 Study 2.Indirect impacts are benefits off airport - hotels, retail, restaurant etc. 2/5/2013 Town of Gypsum – 53% of all employees working at the airport live in Gypsum – 132 employees Town of Eagle – 40% of all employees at the airport live in Eagle – 100 employees Town of Avon – Closest resort town to the airport, 35% of all winter out of state destination visitors access Eagle County via EGE. Beaver Creek Resort and Bachelor Gulch - Closest resort to the airport, 35% of all winter out of state destination visitors access Eagle County via EGE Town of Vail - 35% of all winter out of state destination visitors access Eagle County via EGE EGE Economic Impacts 2/5/2013 Short Term Strategic Plan 2013 Focus on Summer Air Service (Realistic) •Houston Non-Stop on United Airlines: –5 days a week, June 27th – September 7th •Why Houston?? 1.TX is highest % of 2nd homeowners in the valley 2.Among the top 3 out of state visitors to Valley 3.Houston serves as hub for United Airlines for other feeder markets to connect to the direct flight to EGE $536,000 cap + $85,000 (for Alliance admin) = $621,000 total 2013 Funding Goal. 2/5/2013 Long Term Strategic Plan 2014 and Beyond 1.Establish a long term sustainable public/private funding model to ensure air service at EGE is here to stay and will continue to grow. 2.Target Markets: –Continue Houston Flight in Summer –Chicago Summer Service –Toronto Winter Service –Washington, D.C. Winter Service 3.Total Funding Target for 2014 and beyond: $1,800,000 - $2,400,000 2/5/2013 Long Term Strategic Plan Long Term Strategy Impacts •13,380 – 18,000 seats in the summer season (range depending on aircraft) and by 2,640 in the winter season. •$33,321,000 to $42,931,000 in Total Economic Impact. 2/5/2013 Current Funding Status Current Available Balance = $125,000 Current Commitments for ‘13 = $100,000 Total Current Resources = $225,000 Additional Funding to Secure the Summer Houston Flight = $396,000 2/5/2013 Fund Raising Goals Airport and Eagle County total package of $125K •Cost savings at the airport – Landing fee and rents for new service •Some money from the general fund Town governments and Beaver Creek Resort Company – Total of $100K Private business pledge amounts totaling $396K (FY 2011 was $150K) Grand pledge total of $626K •Administrative cost of $85k. These would be committed contributions, not pledges. 2/5/2013 Fund Raising Strategy Structure Based on Business Size and Perceived Impact of EGE •Lodging: based on # of units •Restaurants: based on # of seats •Transportation: based on fleet size •Retail: based on location and # of outlets •Professional Services: based on # of locations •Activity Providers: based on seasonal or year round 2/5/2013 Next Steps Work as a united community to secure a minimum of $626,000 by February 15th. $396,000 from private business. It is essential the entire community work shoulder to shoulder by reaching out to fellow advocates to communicate the importance of the Alliance. When enough funds are raised, the Houston flight for Summer 2013 will be contracted and loaded for reservations almost immediately upon signing a contract. 2/5/2013 2/5/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 5, 2013 ITEM/TOPIC: Resolution No. 3, Series of 2013 a resoluition approving an encroachment into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into Existing View Corridors, Vail Town Code to allow for the encroachment of an addition to the Lionshead Centre Building into View Point #8, located at 520 East Lionhead Circle/Lot 5, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. PRESENTER(S): George Ruther ACTION REQUESTED OF COUNCIL: Approve, approve with Modifications, or deny Resolution No. 3, Series of 2013. BACKGROUND: View corridors have been established with the Town of Vail to maintain and protect certain views to the surrounding area from public plazas and pedestrian ways. Encroachments into existing view corridors are allowed when it can be determined that the proposed encroachment does not negatively impact the intended purpose of the view corridor. Three residential property owners within the Lionshead Centre Building are proposing to complete residential additions to their dwelling units. The proposed additions encroach into View Corridor #8. In order to construct the residential additions as proposed, the property owners must first be granted permission by the Town of Vail to encroach upon the existing view corridor. STAFF RECOMMENDATION: The Town of Vail Planning & Environmental Commission (PEC) has granted an approval of the request for an encroachment into View Corridor #8. The approval was granted based upon the review of the criteria and findings outlined in the memorandum to the PEC dated, January 14, 2013. Staff recommends the Vail Town Council upholds the approval of the PEC and grants an approval of Resolution No. 3, Series of 2013, as read. ATTACHMENTS: Resolution No. 3, Series of 2013 PEC Memo 1/14/13 Attachment A vicinity map Attachment B proposed encroachment Attachment C applicant's request Attachment D DRB120433 approved plans 2/5/2013 1 Resolution No. 3, Series of 2013 RESOLUTION NO. 3 Series of 2013 A RESOLUTION APPROVING AN ENCROACHMENT INTO AN EXISTING VIEW CORRIDOR, PURSUANT T O SECTION 12 -22-6, ENCROACHMENTS INT O EXISTING VIEW CORRIDORS, VAIL TOWN CODE, TO ALLOW FOR THE ENCROACHMENT OF AN ADDITION TO THE LIONSHEAD CENTRE BUILDING INTO VIEW POINT #8, LOCATED AT 520 EAST LIONSHEAD CIRCLE/LOT 5, BLOCK 1, VAIL LIONSHEAD FILING 1, AND SETTING FORTH DETAILS IN REGARD THERETO. (PEC120047) Whereas, on August 4, 1992, the Vail Town Council adopted Ordinance No. 18, Series of 1992, which, in part, established Chapter 18.73 (now known as 12-22), View Corridors, Vail Town Code, for the purpose of protecting views within the Town of Vail. This chapter of the Town’s zoning regulations has subsequently been amended numerous times; and, Whereas, on December 15, 1998, the Vail Town Council adopted Resolution No. 14, Series of 1998, establishing the Lionshead Redevelopment Master Plan which included a recommendation to preserve certain public views, including a view from the pedestrian mall looking directly south up the gondola lift line; and, Whereas, on August 6, 200 2, the Vail Town Council adopted Ordinance No. 16, Series of 2002, establishing the View Point #8 (formerly know as Lionshead view corridor #2); and, Whereas, on November 18, 2008, the Vail Town Council adopted Ordinance No. 23, Series of 2008, which, in part, amended View Point #8 to reflect the construction of the Arrabelle development project which frames the west boundaries of View Point #8; and, WHEREAS, Section 12-22-6, Encroachments Into Existing View Corridors, Zoning Regulations, Vail Town Code, sets forth the procedures for review of applications to encroach into existing view corridors; and, Whereas, according to the Eagle County Assessor, the Lionshead Centre Building was constructed in 1970; and, W HEREAS, owners of real property in the Lionshead Centre Building have submitted an application to encroach into an existing view corridor to allow for an 803 square foot residential addition to Units 208, 308 and 309 of the Lionshead Centre Building; and, WHEREAS, on January 14, 2013 the Town of Vail Planning and Environmental Commission held a public hearing on the application to allow for an encroachment into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into View Corridors, Vail Town Code; and, WHEREAS, the Town of Vail Planning and Environmental Commission forwarded a recommendation of approval (6-0-0), with conditions, for the proposed view corridor encroachment to the Vail Town Council; and, 2/5/2013 2 Resolution No. 3, Series of 2013 WHEREAS, the Vail Town Council finds and determines that the applicant has demonstrated by clear and convincing evidence that the encroachment meets all of the criteria listed in Section 12-22-6 (C) of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Vail Town Council finds and determines that the encroachment 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 encroachment 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. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: SECTION 1. APPROVAL An encroachment into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into Existing View Corridors, Vail Town Code, to allow for the encroachment of a residential addition into View Point #8, at the Lionshead Centre Building, located at 520 East Lionshead Circle/Lot 5, Block 1, Vail Lionshead Filing 1, (PEC12004) is hereby approved subject to Section 2, Conditions of Approval, herein. SECTION 2. CONDITIONS OF APPROVAL 1. Approval of this encroachment into an existing view corridor is specific to the design review application for a residential addition to Units 208, 308, and 309, Lionshead Centre Building, Town of Vail, as approved by the Design Review Board on December 5, 2012. (DRB120433) 2. Approval of this encroachment into an existing view corridor shall become null and void upon the demo/rebuild, as defined by Chapter 12-2, Definitions, Vail Town Code, of the Lionshead Centre Building. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 5th day of February, 2013. __________________ Andrew P. Daly, Mayor ATTEST: _________________________ Lorelei Donaldson, Town Clerk 2/5/2013 TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 14, 2013 SUBJECT: A request for a recommendation to the Vail Town Council on an application for an encroachment into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into Existing View Corridors, Vail Town Code, to allow for the encroachment of an addition to the Lionshead Centre Building into View Point #8, located at 520 East Lionshead Circle/Lot 5, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC120047) Applicant: Jorge Esteve, Javier Barrios, and Lucilia DeLaLama, represented by Suman Architects and Mauriello Planning Group Planner: Bill Gibson I. SUMMARY The applicants, Jorge Esteve, Javier Barrios, and Lucilia DeLaLama, represented by Suman Architects and Mauriello Planning Group, are requesting the review of an application to allow for the encroachment of an addition to the Lionshead Centre Building into the adjacent View Point #8. Based upon Staff’s review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with conditions, for this view corridor encroachment application, subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST Pursuant to Section 12-22-4, Adopted View Corridors, Vail Town Code, the subject View Point #8 protects “a view from the pedestrian plaza at the east end of the Lifthouse Lodge looking south directly up the gondola lift line.” The existing Lionshead Centre Building frames the eastern side of this view corridor and the Arrabelle Hotel frames the western side of the view corridor. The applicants are proposing an 803 sq.ft. (originally proposed as an 859 sq.ft.) addition to Units 208, 308, and 309 of the Lionshead Centre Building. The proposed addition is 2/5/2013 Town of Vail Page 2 located at the rear (south) of the existing building and extends the existing western exterior wall of the Lionshead Centre Buidling south toward the adjacent ski yard. Although the proposed addition is located at the rear (south) of the Lionshead Centre Building, the proposed addition will impact View Point #8 because the west façade of the existing Lionshead Center Building and View Point #8 are not precisely parallel. The exterior wall of the subject addition is proposed to extend one foot and three inches (1’-3”) into the view corridor and the associated roof eave is proposed to extend two feet of seven eighths of an inch (2’-07/8”) into the view corridor. A vicinity map (Attachment A), proposed view corridor encroachment (Attachment B), the applicant’s request (Attachment C), and the associated, design review approved architectural plans (Attachment D) have been attached for review and inclusion in the record. III. BACKGROUND According to the Eagle County Assessor, the Lionshead Centre Building was constructed in 1970. On October 15, 1970, a condominium map of the constructed Lionshead Centre Building was recorded with the Eagle County Clerk and Recorder. On August 4, 1992, the Vail Town Council adopted Ordinance No. 18, Series of 1992, which in part established Chapter 18.73 (now known as 12-22), View Corridors, Vail Town Code, for the purpose of protecting views within the Town of Vail. This chapter of the Town’s zoning regulations has subsequently been amended numerous times. On December 15, 1998, the Vail Town Council adopted Resolution No. 14, Series of 1998, which established the Lionshead Redevelopment Master Plan. This master plan included a recommendation to preserve certain public views, including a view from the pedestrian mall looking directly south up the gondola lift line. On August 6, 2012, the Vail Town Council adopted Ordinance No. 16, Series of 2002, which established the subject View Point #8 (formerly know as Lionshead view corridor #2). On November 18, 2008, the Vail Town Council adopted Ordinance No. 23, Series of 2008, which in part amended the subject View Point #8 to reflect the construction of the Arrabelle development project which frames the west boundaries of View Point #8. On December 5, 2012, the Design Review Board approved the accompanying design review application for the subject addition to the Lionshead Centre Building (DRB120433) by a vote of 4-0-0 with a condition of approval that: “This design review approval is contingent upon the applicant obtaining Town of Vail approval of the associated view corridor encroachment/amendment application.” 2/5/2013 Town of Vail Page 3 IV. ROLES OF THE REVIEWING BODIES Planning and Environmental Commission: The Planning and Environmental Commission is responsible for forwarding the Town Council a recommendation on any view corridor encroachment or amendment application, in accordance with the provisions of Chapter 12-22, View Corridors, Vail Town Code. Design Review Board: The Design Review Board has no review authority over a view corridor encroachment or amendment application. However, the Design Review Board is responsible for the final approval, approval with modifications, or denial of any accompanying design review application. Town Council: The Town Council is responsible for the final approval, approval with modifications, or denial of a view corridor encroachment or amendment application. The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board under certain conditions. V. APPLICABLE REGULATIONS VAIL LAND USE PLAN CHAPTER II: LAND USE PLAN GOALS / POLICIES (in part) The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows: 1. General Growth / Development 2/5/2013 Town of Vail Page 4 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3. The quality of development should be maintained and upgraded whenever possible. 4. Village Core / Lionshead 4.2. Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guide Plan and the Vail Village Master Plan. 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. CHAPTER VI: PROPOSED LAND USE (IN PART) LRMP Lionshead Redevelopment Master Plan Included in this category are those properties which are identified as being included in the Lionshead Redevelopment Master Plan boundaries. Properties located within this land use category shall be encouraged to redevelop, per the Master Plan recommendations, as it has been found that it is necessary in order for Vail to remain a competitive four-season resort. Uses and activities for these areas are intended to encourage a safe, convenient and an aesthetically-pleasing guest experience. The range of uses and activities appropriate in the Lionshead Redevelopment Master Plan (LRMP) land use category may include skier and resort services, ski lifts, ski trails, base facilities, public restrooms, ticket sales, clubs, public plazas, open spaces, parking and loading/delivery facilities/structures, public utilities, residential, lodges, accommodation units, deed restricted employee housing, retail businesses, professional and business offices, personal services, and restaurant uses. LIONSHEAD REDEVELOPMENT MASTER PLAN 4.4 PUBLIC VIEW CORRIDORS On May 20, 1997, recognizing the importance of visual connections, the Vail Town Council approved the use of the existing Town of Vail view corridor ordinance to designate the first protected public view corridors in Lionshead. In order to qualify for protection under the Town’s ordinance, a view corridor must meet the following criteria: 2/5/2013 Town of Vail Page 5 a. Is the view critical to the identity, civic pride, and sense of place of Lionshead? A nice view is not sufficient. b. Is the view seen from a widely used, publicly accessible viewpoint? Views from private property cannot be recognized or protected by this ordinance. c. Is the view threatened? Is there a possibility that development on nearby property would block the view? It is critical to note that the following recommended public view corridors will create a development constraint that will work with all other applicable development and regulatory guidelines and standards. The suggested location and outline of any view corridor is not intended to create a “build-to” line for a vertical architectural edge that would not be allowed under other applicable guidelines and standards. According to these criteria and following an intensive public input process, protection of the following public view corridors is recommended (see Map O): 4.41 Public View Corridors Protected under the Town of Vail View Corridor Ordinance It is proposed that two legally protected view corridors be established according to existing Town of Vail code: 4.412 View Corridor Two This view corridor (see figure 4-2) is seen from the pedestrian plaza at the east end of the Lifthouse Lodge, looking south directly up the gondola lift line. This view fulfills the following criteria: a. It fosters civic pride and is central to the identity of Lionshead. b. It is taken from a commonly used, publicly accessible viewpoint. The mountain view from this point is currently very broad, crossing much of the Vail Associates core site. As part of the redevelopment of the Vail Associates core site this view corridor should become narrower and more focused on the new gondola terminal. Given the current lack of a defining architectural edge, the dimensions of this corridor should roughly correspond to the suggested view boundaries outlined in figure 4-2. Figure 4-2: Public View Corridor Two 2/5/2013 Town of Vail Page 6 TITLE 12: ZONING REGULATIONS CHAPTER 12-21: VIEW CORRIDORS (IN PART) 12-22-1: PURPOSE: The town believes that preserving certain vistas is in the interest of the town's residents and guests. Specifically, the town believes that: A. The protection and perpetuation of certain mountain views and other significant views from various pedestrian public ways within the town will foster civic pride and is in the public interest of the town. B. It is desirable to designate, preserve and perpetuate certain views for the enjoyment and environmental enrichment for the residents and guests of the town. C. The preservation of such views will strengthen and preserve the town's unique environmental heritage and attributes. D. The preservation of such views will enhance the aesthetic and economic vitality and values of the town. E. The preservation of such views is intended to promote design which is compatible with the surrounding natural and built environment, and is intended to provide for natural light to buildings and in public spaces in the vicinity of the view corridors. F. The preservation of such views will include certain focal points such as the Clock Tower and Rucksack Tower, which serve as prominent landmarks within Vail village and contribute to the community's unique sense of place. 12-22-3: LIMITATIONS ON CONSTRUCTION: No part of a structure shall be permitted to encroach into any view corridor set forth in this chapter unless an encroachment is approved in accordance with section 12-22-6 of this chapter. 12-22-4: ADOPTION OF VIEW CORRIDORS: Photographs on record with the department of community development and the following legal descriptions are hereby approved and adopted as official view corridors protecting views within the town. The photographs taken represent the boundaries defined by the legal descriptions. The camera used to take the photographs was held five and four-tenths feet (5.4') above the instrument, which is approximate eye level for most adults. A thirty five millimeter (35 mm) camera was used for each photograph; however, once developed, some photographs were cropped or enlarged to improve the graphic representation of each view corridor. 2/5/2013 Town of Vail Page 7 G. View Point #8: A view from the pedestrian plaza at the east end of the Lifthouse Lodge (555 E. Lionshead Circle) looking south directly up the gondola lift line. 1. Purpose: To protect the views of Vail Mountain from the core of the Lionshead area. 2. Survey Control: Based on published material from town of Vail GPS control map. Points Spraddle and 1766 were used for this survey. Bearings reported below are tied to this control. 3. Instrument; View Point #8: A 21/2 inch diameter aluminum monument, flush in brick pavers, stamped View 8. 4. Backsight: A 21/2 inch diameter aluminum monument, which bears S84°22'18"W a distance of 164.53 feet. Located flush on top of the stone wall running east to west in front of the Montauk Deck east of the main entrance, stamped CP Montauk. 5. Height Of Survey Instrument Above View Point #8: 5.03 feet (to match previous height before streetscape). 6. Table: Horizontal Angle Zenith Angle Foresight Point On Photo As Of July 8, 2008 267°00'33" 79°08'15" A - intersection of the horizon with a vertical line defined by the southerly roof line on the Vail Lionshead Centre Condominiums, 520, E. Lionshead Circle 266°52'31" 85°10'55" B - intersection of a lower roof at the westerly end and the westerly building wall of the Vail Lionshead Centre Condominiums 268°09'29" 85°55'59" C - westerly end of the lower roof on the westerly end of the Vail Lionshead Centre Condominiums 267°50'34" 87°46'40" D - intersection of the red awning and the westerly wall of the Vail Lionshead Centre Condominiums 269°10'34" 87°51'15" E - top westerly corner of red awning 269°10'34" 88°28'56" F - point of intersection of the red awning and the main level roofline on the westerly end of the Vail Lionshead Centre Condominiums 271°54'54" 88°28'56" G - point of intersection of a line projected from View Point F across the Eagle Bahn Gondola ski yard to the support post of the sloped roof of the terrace on the 1st level along the east side of the Arrabelle at Vail Square 281°17'48" 87°51'18" H - underside intersection of sloped roof and the support post of the terrace on the 1st level on the east side of Arrabelle at Vail Square 2/5/2013 Town of Vail Page 8 280°52'19" 87°46'16" I - underside of sloped roof of the terrace on the 1st level on the east side of Arrabelle at Vail Square 280°42'31" 87°24'36" J - top edge of overhang/beginning of sloped roof of the terrace at the 1st level on the east side of the Arrabelle at Vail Square 281°30'24" 87°06'00" K - intersection of sloped roof of the terrace at the 1st level and the east wall of the Arrabelle at Vail Square 281°31'32" 79°37'37" L - intersection of the east wall of the Arrabelle at Vail Square and the bottom outer edge of the concrete deck on the 6th level of the Arrabelle at Vail Square 281°09'32" 79°02'30" M - top outer edge of concrete deck on the 6th level of the Arrabelle at Vail Square O - line projected from View Point M straight up to the horizon line of Vail Mountain The following are permitted within view corridor #8: drain pipes; roof snow fences; streetlights; decorative outdoor lights/lighting; ski lifts/tows and appurtenances; ski area installations and appurtenances, e.g., signs, fencing; other items not comprising the structure of the building; all structures permitted under this code contained within the following described parcels: Parcels A and B, Lot 1, Block 2, Vail Village Sixth Filing; Units A and B, Lot 5, Block 4, Vail Village Third Filing; Lot 4, Block 4, Vail Village Third Filing (a.k.a. Beaver Dam Condominiums); Parcels A and B, Lot 1, Block 1, Vail Village Sixth Filing; Units 1 and 2, House in Forest Condominiums; Parcels A and B, Lot 3, Block 1, Vail Village Sixth Filing; Lots 1 and 3, Forest Place Subdivision; Lot 6, Block 1, Vail Village Third Filing. 12-22-6: ENCROACHMENTS INTO EXISTING VIEW CORRIDORS: An application for approval to encroach into an existing view corridor may be initiated by the town council on its own motion, by the planning and environmental commission on 2/5/2013 Town of Vail Page 9 its own motion, or by application of any resident or property owner in the town, or by the administrator or his/her designee. C. Criteria For Encroachment: No encroachment into an existing view corridor shall be permitted unless the applicant demonstrates by clear and convincing evidence that the encroachment meets all of the following criteria: 1. That the literal enforcement of section 12-22-3 of this chapter would preclude a reasonable development of a proposed structure on the applicant's land. 2. That the development of the structure proposed by the applicant would not be such as to defeat the purposes of this chapter. 3. That the development proposed by the applicant would not be detrimental to the enjoyment of public pedestrian areas, public ways, public spaces, or public views. 4. That the development proposed by the applicant complies with applicable elements of the Vail land use plan, town policies, urban design guide plans, and other adapted master plans. 5. That the proposed structure will not diminish the integrity or quality nor compromise the original purpose of the preserved view. VI. SITE ANALYSIS – Lionshead Centre Building Addition Address: 520 East Lionshead Circle Legal Description: Lot 5, Block 1, Vail Lionshead Filing 1 Zoning: Lionshead Mixed Use 1 Land Use Designation: Lionshead Redevelopment Master Plan Mapped Geological Hazards: None Lot Area: 40,206 sq.ft. (0.92 acres) Standard Allowed/Required Existing Proposed Lot/Site Area: 10,000 sq.ft. buildable 40,206 sq.ft. no change Setbacks: North 10 ft. or per build-to-lines 11 ft. no change East 10 ft. or per build-to-lines 43 ft. no change West 10 ft. or per build-to-lines 4 ft. no change South 10 ft. or per build-to-lines 0 ft. no change Height: 82.5 ft. max/71 average 53 ft. max no change GRFA: 100,515 sq.ft. (2.5 ratio) 28,781 sq.ft. 29,584 sq.ft. or 33% more than existing (+803 sq.ft.) 2/5/2013 Town of Vail Page 10 Site Coverage: 28,144 sq.ft. (70%) 23,401 sq.ft. no change or per master plan Landscaping: 8,041 sq.ft. (20%) 8,039 sq.ft. no change or per master plan Parking: 26 26 no change VII. REVIEW CRITERIA Before acting on a view corridor encroachment, the Planning and Environmental Commission shall consider the following factors with respect to the proposal: 1. That the literal enforcement of Section 12-22-3 of this chapter would preclude a reasonable development of a proposed structure on the applicant's land. The Lionshead Centre Building was constructed in 1970. The original construction of this building pre-dates the Town’s 1998 adoption of view corridor recommendations in the Lionhead Redeveloment Master Plan, the Town’s 2002 adoption of the subject View Point #8, and the Town’s 2008 amendment to the western boundary of View Point #8 to match the newly constructed facade of the Arrabelle Hotel. The applicants are proposing an 803 sq.ft. addition to Units 208, 308, and 309 of the Lionshead Centre Building. The proposed addition is located at the rear (south) of the existing building and extends the existing western exterior wall of the Lionshead Centre Buidling south toward the adjacent ski yard. Although the proposed addition is located at the rear (south) of the Lionshead Centre Building, the proposed addition will impact View Point #8 because the existing Lionshead Center Building and View Point #8 are not precisely parallel. Units 208, 308, and 309 are the only residential units in the Lionshead Centre affected by this circumstance. Other units in the building have the opportunity for expansion without impacts from View Point #8. In proposing to construct an addition to Units 208, 308, and 309, the western exterior wall of the addition is proposed to extend 1’-3” into the view corridor and the associated roof eave is proposed to extend 2’-07/8” into the view corridor. This 803 sq.ft. proposed addition to Units 208, 308, and 309 of the Lionshead Centre Building increases the total gross residential floor area (GRFA) of the building from 28,781 sq.ft. to 29,584 sq.ft.. This proposed GRFA is under the maximum GRFA of 100,515 sq.ft. allowed by Article12-7H, Lionshead Mixed Use 1, Vail Town Code. The proposed addition causes no change to the existing setbacks, height, site coverage, landscaping area, or parking of the Lionshead Centre Building. Through its December 5, 2012, approval of the associated design review application (DRB120433), the Design Review Board determined that the proposed addition to the Lionshead Centre Building is in keeping with the character of the area and the scale and bulk of the surrounding uses. 2/5/2013 Town of Vail Page 11 Staff believes the proposed encroachment is minor in scope and does not block the originally intended views of the gondola lift line and adjacent ski runs; and that the literal enforcement of the view corridor restriction would preclude the applicants from constructing reasonable additions to their existing residential units. Therefore, Staff finds the proposed encroachment into an existing view corridor meets this review criterion. 2. That the development of the structure proposed by the applicant would not be such as to defeat the purposes of this chapter. The proposed encroachment into View Point #8 includes an exterior wall encroachment of 1’-3” and the associated roof eave encroachment of 2’-07/8” to facilitate the construction of an addition to the rear of the subject building. Staff believes the proposed encroachment is minor in scope and does not block the originally intended views of the gondola lift line and adjacent ski runs. Based upon a review of Section 12-22-1, Purpose, Vail Town Code: Staff finds that the proposed encroachment into existing View Point #8 will not diminish the civic pride or the public interest of the town. Staff finds that the proposed encroachment will not detract from the enjoyment or environmental enrichment of the existing view corridor for Vail’s residents or guests. Staff finds that the proposed encroachment will not weaken or eliminate the town’s unique environmental heritage or attributes. Staff finds that the proposed view corridor encroachment will not diminish the aesthetics or economic vitality and values of the town. Staff finds that the proposed encroachment maintains the existing character and design of the Lionshead Centre Building which is compatible with the surrounding natural and built environment and provides adequate natural light to buildings and public spaces in the vicinity. Staff finds that the proposed encroachment continues to preserve views of the landmark gondola ski line and adjacent ski runs that contribute to the community’s sense of place. Therefore, Staff finds the proposed encroachment into the existing view corridor does not defeat the purposes of Section 12-22-1, Purpose, Vail Town Code, as outlined in Section V of this memorandum, and the proposed encroachment is consistent with this review criterion. 2/5/2013 Town of Vail Page 12 3. That the development proposed by the applicant would not be detrimental to the enjoyment of public pedestrian areas, public ways, public spaces, or public views. As identified above, the proposed encroachment into View Point #8 includes an exterior wall encroachment of 1’-3” and the associated roof eave encroachment of 2’-07/8” to facilitate the construction of an addition to the rear of the subject building. Staff believes the proposed encroachment is minor in scope. Due to the depth of the addition and alignment of the existing building, the proposed addition does not block the originally intended views of the gondola lift line and adjacent ski runs. Therefore, Staff finds the proposed view corridor encroachment will not be detrimental to the enjoyment of the public pedestrian areas, public ways, public spaces, or public view consistent with this review criterion. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The proposed encroachment into View Point #8 includes an exterior wall encroachment of 1’-3” and the associated roof eave encroachment of 2’-07/8” to facilitate the construction of an addition to the rear of the subject building. Staff believes the proposed encroachment is minor in scope and does not block the originally intended views of the gondola lift line and adjacent ski runs. The 803 sq.ft. proposed addition to Units 208, 308, and 309 of the Lionshead Centre Building increases the total gross residential floor area (GRFA) of the building from 28,781 sq.ft. to 29,584 sq.ft.. This proposed GRFA is under the maximum GRFA of 100,515 sq.ft. allowed by Article12-7H, Lionshead Mixed Use 1, Vail Town Code. The proposed addition causes no change to the existing setbacks, height, site coverage, landscaping area, or parking of the Lionshead Centre Building. Through its December 5, 2012, approval of the associated design review application (DRB120433), the Design Review Board determined that the proposed addition to the Lionshead Centre Building is in keeping with the character of the area and the scale and bulk of the surrounding uses. Therefore, Staff finds the proposed encroachment into View Point #8 is consistent with this criterion. 5. That the proposed structure will not diminish the integrity or quality nor compromise the original purpose of the preserved view. As identified above, the proposed encroachment into View Point #8 includes an exterior wall encroachment of 1’-3” and the associated roof eave encroachment of 2’-07/8” to facilitate the construction of an addition to the rear of the subject building. Staff believes the proposed encroachment is minor in scope and does not block the originally intended views of the gondola lift line and adjacent ski runs. Therefore, Staff finds the proposed 2/5/2013 Town of Vail Page 13 encroachment will not diminish the integrity or quality of the subject view corridor, nor will the proposed encroachment compromise the original purspose of the preserved view. Therefore, Staff finds the proposed encroachment to be consistent with this review criterion. VIII. STAFF RECOMMENDATION The Community Development Department recommends the Planning an Environmental Commission forwards a recommendation of approval on an application for an encroachment into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into Existing View Corridors, Vail Town Code, to allow for the encroachment of an addition to the Lionshead Centre Building into View Point #8, located at 520 East Lionshead Circle/Lot 5, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for this encroachment into an existing view corridor, the Community Development Department recommends the Commission passes the following motion: “The Planning and Environmental forwards the Vail Town Council a recommendation of approval for an application for an encroachment into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into Existing View Corridors, Vail Town Code, to allow for the encroachment of an addition to the Lionshead Centre Building into View Point #8, located at 520 East Lionshead Circle/Lot 5, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto.” Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for this encroachment into an existing view corridor, the Community Development Department recommends the Commission recommends the following conditions: “1. Approval of this encroachment into an existing view corridor is specific to the associated design review application for an addition to Units 208, 308, and 309 Lionshead Centre, as approved by the Design Review Board on December 5, 2012 (DRB120433). 2. Approval of this encroachment into an existing view corridor shall become null and void upon the demo/rebuild (as defined by Chapter 12-2, Definitions, Vail Town Code) of the Lionshead Centre Building.” Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for this encroachment into an 2/5/2013 Town of Vail Page 14 existing view corridor, the Community Development Department recommends the Commission makes the following findings: “Based upon the review of the criteria outlined in Sections VII of the Staff memorandum to the Planning and Environmental Commission dated January 14, 2013, and the evidence and testimony presented, the Planning and Environmental Commission finds: The applicant has demonstrated by clear and convincing evidence that the encroachment into an existing view corridor meets all of the following criteria: 1. That the literal enforcement of Section 12-22-3, Limitations on Construction, Vail Town Code, would preclude a reasonable development of a proposed structure on the applicant's land. 2. That the development of the structure proposed by the applicant would not be such as to defeat the purposes of this chapter. 3. That the development proposed by the applicant would not be detrimental to the enjoyment of public pedestrian areas, public ways, public spaces, or public views. 4. That the development proposed by the applicant complies with applicable elements of the Vail land use plan, town policies, urban design guide plans, and other adapted master plans. 5. That the proposed structure will not diminish the integrity or quality nor compromise the original purpose of the preserved view.” IX. ATTACHMENTS A. Vicinity Map B. Proposed View Corridor Encroachment C. Applicant’s Request D. Design Review Approved Architectural Plans DRB120433 2/5/2013 I !!!! !!!!! Subject Property k 0 100 200Feet L i o n s h e a d C e n t r eLionshead C e n t r e- V a i l L i o n s h e a d F i l i n g 1 , B l o c k 1 , L o t 5 -- V a i l L i o n s h e a d F i l i n g 1 , B l o c k 1 , L o t 5 - (5 2 0 E a s t L i o n s h e a d C i r c l e )(5 2 0 E a s t L i o n s h e a d C i r c l e ) This map was crea ted b y th e Town of Vail GIS Tea m. Use of this map sh ould be for ge neral p urp ose s only. The Town o f Vail do es not warran t the accuracy of the information contained herein.(whe re sh own, parcel line wo rk is app ro ximate ) Last Modified: December 12, 2012 2/5/2013 P1!!!!!!!!!~ - i ~ . T ~ F',X r f ~~ . p t~ .::- .' 6F' s' 3¢ i' e ~, ~Fx ~' ° ~ P, i ~ ~ ZjU11' E •;u ,it r ~~~ p~ rT~ r NI 3 r ~ r~,~ t ~~ iii. ' ~, .'~~~,,.'', :. S ~ ~~ I ~ ~ FI 1. ~ ~ ~_ , III' Y l i ~ it 1 1~,_ I, ~ ~. m ~~ i i :, i . ri yy ~. Amended View Point # 8 8 2/5/2013 2/5/2013 2/5/2013 2/5/2013 LIONSHEAD  CENTRE    VIEW  CORRIDOR  ENCROACHMENT Submitted  to  the  Town  of  Vail: December  6,  2012 2/5/2013 Table  of  Contents A.    Introduction  3 B.    Details  on  Proposed  Addition  4 C.    Background  on  View  Corridors  4 D.    Criteria  for  Review  6 E.    Adjacent  Property  Owners  10 F.    DRB  Action  Form  13 2 2/5/2013 A.    Introduction Lionshead  Centre  is  located  at  520  E.  Lionshead  Circle.    The  owners  of  3  residential  units  within   Lionshead  Centre  -­‐  Jorge  Esteve  (Unit  308),  Javier  Barrios  (Unit  208),  and  Lucila  DeLaLama  (Unit   309)  -­‐  are  proposing  additions  to  their  dwellings.    It  is  a  total  of  859  sq.  ft.  of  GRFA  located  over  the   existing  footprint  of  Lionshead  Centre.    Following  a  conceptual  review  on  November  7,  the  DRB   application  for  the  proposal  was  approved  on  December  5  with  a  condition  that,  “This  design  review   approval  is  contingent  upon  the  applicant  obtaining  Town  of  Vail  approval  of  the  associated  view   corridor  encroachment/amendment  application.”     A  survey  of  the  view  corridor  was  conducted  and  indicates  that  the  addition  will  encroach  into  View   Corridor  #8  approximately  2  ft.  for  the  roof  and  1.16  ft.  for  the  wall  of  the  building.    The  survey  of   this  encroachment  is  provided  below,  along  with  a  photo  rendering  of  the  view  corridor  impact.    In   these  images,  the  red  indicates  the  existing  view  corridor,  while  the  yellow  indicates  the  area  of   encroachment. As  indicated  in  the  survey  above,  the  view  corridor  does  not  run  parallel  with  the  existing  building   and  as  a  result,  there  is  a  slight  encroachment  into  the  corridor  where  the  proposed  addition  is  an   extension  of  the  plane  of  the  existing  wall.    However,  as  it  is  the  intent  of  this  view  corridor  to   3 2/5/2013 preserve  the  view  of  the  gondola  lift  line,  the  proposed  encroachment  maintains  the  integrity  of   the  view  corridor. B.    Details  on  Proposed  Addition Units  208,  308,  and  309  are  proposed  to  be  expanded  by  a  total  of  859  sq.  ft.      The  following  table   provides  a  square  footage  analysis  of  the  increase  in  sq.  ft.  to  each  unit: Unit Additional  GRFA Description Unit  208 344  sq.  ft.Bedroom  and  bathroom  addition Unit  308 344  sq.  ft.Bedroom  and  bathroom  addition Unit  309 115  sq.  ft.Addition  to  existing  bedroom As  indicated,  the  additional  GRFA  to  each  unit  is  minimal  and  was  designed  to  match  similar   additions  that  have  occurred  over  the  years.    A  proposed  model  of  the  addition  is  provided  below,   indicating  the  existing  conditions  and  the  proposed  addition: Existing  Conditions Proposed  Addition C.    Background  on  View  Corridors On    May  20,  1997,  recognizing  the  importance  of  visual  connections,  the  Town  Council  approved  the   use  of  the  existing  Town  of  Vail  view  corridor  ordinance  to  designate  the  first  protected  public  view   corridors  in  Lionshead.    In  order  to  qualify  for  protection  under  the  Town’s  ordinance,  a  view   corridor  was  required  to  meet  the  following  criteria: 1.Is  the  view  corridor  critical  to  the  identity,  civic  pride,  and  sense  of  place  in  Lionshead?     2.Is  the  view  seen  from  a  widely  used,  publicly  accessible  viewpoint.     3.Is  the  view  threatened?    Is  there  a  possibility  that  development  on  nearby  property   would  block  the  view? The  Lionshead  Redevelopment  Master  Plan  identifies  this  view  corridor  as  View  Corridor  Two,  and   states  the  following: 4 2/5/2013 4.4.1.2  View  Corridor  Two This  view  corridor  (see  figure  4-­‐2)  is  seen  from  the  pedestrian  plaza  at  the  east  end  of  the  Lifthouse   Lodge,  looking  south  directly  up  the  gondola  lift  line.  This  view  fulfills  the  following  criteria: a.It  fosters  civic  pride  and  is  central  to  the  identity  of  Lionshead.   b.It  is  taken  from  a  commonly  used,  publicly  accessible  viewpoint. The  mountain  view  from  this  point  is  currently  very  broad,  crossing  much  of  the  Vail  Associates   core  site.  As  part  of  the  redevelopment  of  the  Vail  Associates  core  site  this  view  corridor  should   become  narrower  and  more  focused  on  the  new  gondola  terminal.  Given  the  current  lack  of  a   defining  architectural  edge,  the  dimensions  of  this  corridor  should  roughly  correspond  to  the   suggested  view  boundaries  outlined  in  figure  4-­‐2. Prior  to  the  redevelopment  of  the  Core  Site  into  Arrabelle  at  Vail  Square,  this  view  corridor  was   surveyed  and  adopted  in  2002.    Following  the  construction  of  the  Arrabelle,  the  view  corridor  was   amended  to  reflect  the  new  building,  and  was  surveyed  and  adopted  in  2008  as  View  Point  #8.    The   photo  of  View  Point  #8  is  provided  below: 5 2/5/2013 D.    Criteria  for  Review Section  12-­‐22-­‐6:  Encroachments  into  Existing  View  Corridors,  provides  the  review  criteria  for  an   encroachment.    It  states  the  following: Criteria  For  Encroachment:  No  encroachment  into  an  existing  view  corridor  shall  be  permitted   unless  the  applicant  demonstrates  by  clear  and  convincing  evidence  that  the  encroachment  meets   all  of  the  following  criteria: 1.That  the  literal  enforcement  of  section  12-­‐22-­‐3  of  this  chapter  would  preclude  a  reasonable   development  of  a  proposed  structure  on  the  applicant's  land. Applicant  Response:    The  view  corridor  disproportionately  affects  the  owners  of  208,  308,   and  309.    These  units  are  located  on  the  far  west  of  Lionshead  Centre  and  are  the  only  units   which  are  affected  by  the  view  corridor.    While  other  units  have  had  opportunity  for   expansion,  these  are  limited  by  the  view  corridor  to  do  similar  enclosures.      Due  to  the   configuration  of  Lionshead  Centre,  the  proposed  additions  are  in  the  only  location  available   to  the  owners  of  these  units.    By  not  allowing  this  encroachment,  the  owners  are  precluded   from  reasonable  development  of  their  units. 6 2/5/2013 2.That  the  development  of  the  structure  proposed  by  the  applicant  would  not  be  such  as  to   defeat  the  purposes  of  this  chapter. Applicant  Response:    Section  12-­‐22-­‐1  of  the  Vail  Town  Code  provides  the  purposes  of  the  View   Corridor  chapter.    These  purposes  are  as  follows: 12-­‐22-­‐1:  PURPOSE: The  town  believes  that  preserving  certain  vistas  is  in  the  interest  of  the  town's  residents   and  guests.  Specifically,  the  town  believes  that: C.The  protection  and  perpetuation  of  certain  mountain  views  and  other  significant   views  from  various  pedestrian  public  ways  within  the  town  will  foster  civic  pride  and   is  in  the  public  interest  of  the  town. D.It  is  desirable  to  designate,  preserve  and  perpetuate  certain  views  for  the  enjoyment   and  environmental  enrichment  for  the  residents  and  guests  of  the  town. E.The  preservation  of  such  views  will  strengthen  and  preserve  the  town's  unique   environmental  heritage  and  attributes. F.The  preservation  of  such  views  will  enhance  the  aesthetic  and  economic  vitality  and   values  of  the  town. G.The  preservation  of  such  views  is  intended  to  promote  design  which  is  compatible   with  the  surrounding  natural  and  built  environment,  and  is  intended  to  provide  for   natural  light  to  buildings  and  in  public  spaces  in  the  vicinity  of  the  view  corridors. H.The  preservation  of  such  views  will  include  certain  focal  points  such  as  the  Clock   Tower  and  Rucksack  Tower,  which  serve  as  prominent  landmarks  within  Vail  village   and  contribute  to  the  community's  unique  sense  of  place.   Because  the  encroachment  is  minimal  (at  only  2  ft.  for  the  roof  and  1.16  ft.  for  the  building)   the  integrity  of  the  view  corridor  is  maintained.    The  view  corridor  is  intended  to  protect  the   view  of  the  gondola  lift  line  as  it  runs  up  Vail  Mountain  and  there  is  no  effect  to  this  view,   which  is  an  important  focal  point  in  Lionshead.    Because  the  request  is  for  an  encroachment   only,  as  opposed  to  an  amendment,  to  the  view  corridor,  if  Lionshead  Centre  were  ever   demolished,  the  existing  view  corridor  boundaries  would  need  to  be  maintained  with  any   new  construction.    As  a  result,  the  proposal  does  not  defeat  the  purposes  of  Chapter  22:   View  Corridors. 3.That  the  development  proposed  by  the  applicant  would  not  be  detrimental  to  the  enjoyment   of  public  pedestrian  areas,  public  ways,  public  spaces,  or  public  views. Applicant  Response:    The  proposed  encroachment  would  be  imperceptible  to  the  public   from  any  public  pedestrian  areas,  public  ways,  public  spaces  or  public  views.    The  proposed   addition  matches  the  existing  wall  of  Lionshead  Centre  and  any  attempt  to  jog  the  building   would  create  an  architectural  error  which  would  be  more  noticeable  to  the  public.     4.That  the  development  proposed  by  the  applicant  complies  with  applicable  elements  of  the   Vail  land  use  plan,  town  policies,  urban  design  guide  plans,  and  other  adapted  master  plans. 7 2/5/2013 Applicant  Response:    The  Lionshead  Redevelopment  Master  Plan  provides  the  guidance  for   the  adoption  of  view  corridors  in  Lionshead.    The  Master  Plan  provides  the  following: 4.4  Public  View  Corridors On  May  20,  1997,  recognizing  the  importance  of  visual  connections,  the  Vail  Town  Council   approved  the  use  of  the  existing  Town  of  Vail  view  corridor  ordinance  to  designate  the  first   protected  public  view  corridors  in  Lionshead.  In  order  to  qualify  for  protection  under  the   Town’s  ordinance,  a  view  corridor  must  meet  the  following  criteria: a.Is  the  view  critical  to  the  identity,  civic  pride,  and  sense  of  place  of  Lionshead?  A  nice   view  is  not  sufficient. b.Is  the  view  seen  from  a  widely  used,  publicly  accessible  viewpoint?  Views  from   private  property  cannot  be  recognized  or  protected  by  this  ordinance. c.Is  the  view  threatened?  Is  there  a  possibility  that  development  on  nearby  property   would  block  the  view? It  is  critical  to  note  that  the  following  recommended  public  view  corridors  will  create  a   development  constraint  that  will  work  with  all  other  applicable  development  and   regulatory  guidelines  and  standards.  The  suggested  location  and  outline  of  any  view   corridor  is  not  intended  to  create  a  “build-­‐to”  line  for  a  vertical  architectural  edge  that   would  not  be  allowed  under  other  applicable  guidelines  and  standards.  According  to  these   criteria  and  following  an  intensive  public  input  process,  protection  of  the  following  public   view  corridors  is  recommended  (see  Map  O): The  Lionshead  Redevelopment  Master  Plan  then  provides  recommendation  for  the  adoption   of  two  view  corridors  which  were  to  be  adopted  immediately,  while  the  remaining  three   view  corridors  (plus  an  additional  three  in  Ever  Vail)  were  to  be  adopted  after  development   occurred  on  key  sites.    Lionshead  View  Corridor  #2,  the  view  corridor  in  question  with  this   application,  was  one  recommended  for  immediate  adoption.    The  Lionshead   Redevelopment  Master  Plan  states: 4.4.1.2  View  Corridor  Two This  view  corridor  (see  figure  4-­‐2)  is  seen  from  the  pedestrian  plaza  at  the  east  end  of  the   Lifthouse  Lodge,  looking  south  directly  up  the  gondola  lift  line.  This  view  fulfills  the   following  criteria: a.It  fosters  civic  pride  and  is   central  to  the  identity  of   Lionshead.   b.It  is  taken  from  a  commonly   used,  publicly  accessible   viewpoint. The  mountain  view  from  this  point  is   currently  very  broad,  crossing  much  of   the  Vail  Associates  core  site.  As  part  of   the  redevelopment  of  the  Vail   Associates  core  site  this  view  corridor   should  become  narrower  and  more   focused  on  the  new  gondola  terminal.   8 2/5/2013 Given  the  current  lack  of  a  defining  architectural  edge,  the  dimensions  of  this  corridor   should  roughly  correspond  to  the  suggested  view  boundaries  outlined  in  figure  4-­‐2. As  indicated  in  the  general  photo  for  View  Corridor  2,  the  existing  Lionshead  Centre  building   was  established  as  the  general  eastern  boundary  of  the  view  corridor.    However,  as  clearly   stated  in  the  section  above:  “The  suggested  location  and  outline  of  any  view  corridor  is  not   intended  to  create  a  “build-­‐to”  line  for  a  vertical  architectural  edge  that  would  not  be  allowed   under  other  applicable  guidelines  and  standards.”    It  was  not  the  intention  that  that  the  view   corridors  limit  the  ability  of  individual  property  owners  to  improve  their  properties.    Instead,   it  is  clearly  the  intention  that  the  architecture  is  meant  to  frame  the  view  to  be  protected.    In   this  case,  the  view  is  of  the  gondola  lift  line.    Furthermore,  the  Master  Plan  also  recommends   that  this  view  be  much  narrower  than  the  adopted  view  corridor.    As  indicated  in  the  photos   below,  the  original  recommendation  for  this  view  corridor  actually  bisected  the  ski  run,   where  as  the  adopted  view  corridor  is  much  further  west,  into  the  tree  line.     View  Point  #8,  adopted  2008 LHMP  Recommended  View  Corridor  #2 The  proposed  encroachment  complies  with  the  recommendations  as  provided  in  the   Lionshead  Redevelopment  Master  Plan. 5.That  the  proposed  structure  will  not  diminish  the  integrity  or  quality  nor  compromise  the   original  purpose  of  the  preserved  view. Applicant  Response:    The  original  purpose  of  this  view  corridor  was  stated  in  the  Lionshead   Redevelopment  Master  Plan  when  adopted  in  1998  and  further  refined  with  the  adoption  of   it  as  View  Point  #8.    The  purpose,  as  stated  in  Chapter  22:  View  Corridors  of  this  view  is:     To  protect  the  views  of  Vail  Mountain  from  the  core  of  Lionshead.     As  indicated  in  the  analysis  provided  in  this  submittal,  this  view  is  not  affected  by  the   proposed  encroachment  and  the  integrity  of  this  view  is  maintained.     9 2/5/2013 E.    Adjacent  Property  Owners   TOWN  OF  VAIL FINANCE  DEPT 75  S  FRONTAGE  RD  W   VAIL,  CO  81657-­‐5043 VANTAGE  POINT-­‐VAIL  INTERVAL  OWNERS  ASSOC ALPENGLOW  PROPERTY  MGMT PO  BOX  178   AVON,  CO  81620 VANTAGE  POINT-­‐VAIL  INTERVAL  OWNERS  ASSOCIATION,  INC. Gary  A.  Lebo PO  BOX  178 AVON,  CO  81620 VANTAGE  POINT-­‐VAIL  CONDOMINIUM  ASSOCIATION,  INC. MICHAEL  D'ANCI,  SR 508  E  LIONSHEAD  CIR,   VAIL,  CO  81657 FIRST  WESTWIND  AT  VAIL  CONDOMINIUMS  ASSOCIATION,  INC. Steve  MacDonald C/O  Vail  Management  Company,   PO  Box  6130,   Avon,  CO  81620 VAIL  CORP THE  FIXED  ASSETS  DEPARTMENT 390  INTERLOCKEN  CRESCENT  STE  1000   BROOMFIELD,  CO  80021 LANDMARK-­‐VAIL  CONDOMINIUM  ASSOCIATION,  INC. GEOFFREY  WRIGHT 610  W  LIONSHEAD  CR,   VAIL,  CO  81657 HUGHES  LAND  HOLDING  TRUST 28  ANACAPA  ST  STE  D   SANTA  BARBARA,  CA  93101 MONTANEROS  CONDOMINIUM  ASSOCIATION,  INC. Laurie  Jeanes 641  W  LIONSHEAD  CIR,   VAIL,  CO  81657 LION  SQUARE  NORTH  CONDOMINIUM  ASSOCIATION,  INC. Bill  Anderson 660  WEST  LIONSHEAD  PLACE 10 2/5/2013 VAIL,  CO  81657 LION  SQUARE  PHASE  II  &  III  CONDO  ASSOC  INC  -­‐  ETAL 660  W  LIONSHEAD  PL   VAIL,  CO  81657-­‐5212 VAIL  CORP THE  FIXED  ASSETS  DEPARTMENT 390  INTERLOCKEN  CRESCENT  STE  1000   BROOMFIELD,  CO  80021 VAIL  CORP SAMANTHA  JONES 390  INTERLOCKEN  CRESCENT  STE  1000   BROOMFIELD,  CO  80021 VAIL  21  PARKING  GARAGE  NO.  1  LLC  -­‐  VAIL  21  PARKING  GARAGE  NO.  2  LLC 610  W  LIONSHEAD  CIR  STE  100   VAIL,  CO  81657 LAZIER  LIONSHEAD  LLC 386  HANSON  RANCH  RD   VAIL,  CO  81657 THE  LIFT  HOUSE  CONDOMINIUM  ASSOCIATION,  INC. DOUGLAS  WALKER 555  E  LIONSHEAD  CIR,   VAIL,  CO  81657 LIONSHEAD  ARCADE  BUILDING  CONDOMINIUM  ASSOCIATION,  INC. KIT  C.  WILLIAMS P  O  BOX  3622,   VAIL  ,  CO  81658 Arrabelle  at  Vail  Square  Residential  Condominium  Association,  Inc. Mark  Payne 675  Lionshead  Place,   Denver,  CO  81657 ARRABELLE  AT  VAIL  SQUARE  LLC VAIL  RESORTS  MANAGEMENT  CO 390  INTERLOCKEN  CRESCENT  STE  1000   BROOMFIELD  ,  CO  80021 VAIL  LIONSHEAD  CENTRE  CONDOMINIUM  ASSOCIATION David  A  Zippie,  CPA P.O.  BOX  4627,   AVON,  CO  81620 VAIL  21  CONDOMINIUM  ASSOCIATION,  INC. Destination  Resort  Mgt,  Inc, 610  W  LIONSHEAD  CIR 11 2/5/2013 VAIL,  CO  81657 TREETOPS  CONDOMINIUM  ASSOCIATION Vicki  L.  Brown 450  E.  Lionshead  Circle,   Vail,  CO  81657 VAIL  LIONSHEAD  CONDOMINIUM  ASSOCIATION JEFF  BAILEY 380  E.  LIONSHEAD  CIR,   VAIL,  CO  81657 LODGE  AT  LIONSHEAD  III  CONDOMINIUM  ASSOCIATION JEFF  BAILEY 380  E  LIONSHEAD  CR,   VAIL,  CO  81657 LION  SQUARE  CONDOMINIUM  ASSOCIATION,  INC. WILLIAM  ANDERSON 660  W.  LIONSHEAD  PLACE VAIL,  CO  81657 LION  SQUARE  PHASE  II  AND  III  CONDOMINIUM  ASSOCIATION,  INC. WILLIAM  ANDERSON 660  W  LIONSHEAD  PL VAIL,  CO  81657 12 2/5/2013 F.    DRB  Action  Form 13 2/5/2013 2/5/2013 2/5/2013 2/5/2013 2/5/2013 2/5/2013 2/5/2013 2/5/2013 2/5/2013 2/5/2013 2/5/2013 2/5/2013 2/5/2013 2/5/2013 2/5/2013 2/5/2013 2/5/2013 2/5/2013 2/5/2013 2/5/2013 2/5/2013 2/5/2013 2/5/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 5, 2013 ITEM/TOPIC: The first reading of Ordinance No. 21, Series of 2012, an ordinance for prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for amendments to Section 12-8B-7, Height, Vail Town Code, to establish an allowable building height for golf course clubhouses within the outdoor recreation district, and to allow for amendments to Section 12-2-2, Definitions, Vail Town Code, to define the terms golf course and golf course clubhouse, and setting forth details in regard thereto. PRESENTER(S): George Ruther, Community Development Department ACTION REQUESTED OF COUNCIL: The applicant is requesting Town Council to table the public hearing of Ordinance No. 21, Series of 2012 to the February 19, 2013 Council meeting. BACKGROUND: The Planning and Environmental Commission held a public hearing on the proposed amendment on October 22nd and November 12, 2012. On November 12, 2012, Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for the proposed amendment by a vote of 5-0-2 (Pierce and Hopkins recused). STAFF RECOMMENDATION: The applicant is requesting Town Council to table the public hearing of Ordinance No. 21, Series of 2012 to the February 19, 2013 Council meeting. 2/5/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 5, 2013 ITEM/TOPIC: The first reading of Ordinance No. 22, Series of 2012, an ordinance for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of the Vail Golf Course parking lot from the General Use District to the Outdoor Recreation District, located at 1775 Sunburst Drive/Lot 3, Sunburst Filing 3, and setting forth details in regard thereto. PRESENTER(S): George Ruther, Community Development Department ACTION REQUESTED OF COUNCIL: The applicant is requesting Town Council to table the public hearing of Ordinance No. 22, Series of 2012 to the February 19, 2013 Council meeting. BACKGROUND: The Planning and Environmental Commission held a public hearing on the proposed amendment on October 22nd and November 12, 2012. On November 12, 2012, Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for the proposed amendment by a vote of 5-0-2 (Pierce and Hopkins recused). STAFF RECOMMENDATION: The applicant is requesting Town Council to table the public hearing of Ordinance No. 22, Series of 2012 to the February 19, 2013 Council meeting. 2/5/2013 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: February 5, 2013 ITEM/TOPIC: Second Reading of Ordinance No. 2, Series of 2013, An Ordinance Amending Section 6-3C-6 of the Vail Town Code to Reconcile the Vail Town Code with the Newly Enacted Section 16 of Article XVIII of the Colorado Constitution (Amendment 64) PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 2, Series of 2013. BACKGROUND: Colorado voters recently passed Amendment 64, which amended Article XVIII of the Colorado Constitution by the addition of a new section 16 regarding the personal use and regulation of marijuana. Amendment 64 allows local governments to prohibit the possession of marijuana and marijuana accessories by persons under the age of 21 years and to prohibit the open and public consumption of marijuana by persons of any age. It is the desire of the Vail Town Council to pass legislation reconciling the Vail Town Code with to Amendment 64 and to clarify and codify the Town's prohibition of medical marijuana businesses. STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 2, Series of 2013. ATTACHMENTS: Ordinance No. 2, Series of 2013 2/5/2013 Ordinance o. 2, Series of 2013 1 ORDINANCE NO. 2 SERIES 2013 AN ORDINANCE AMENDING SECTION 6-3C-6 OF THE VAIL TOWN CODE TO RECONCILE THE VAIL TOWN CODE WITH THE NEWLY ENACTED SECTION 16 OF ARTICLE XVIII OF THE COLORADO CONSTITUTION (AMENDMENT 64) WHEREAS, Colorado voters recently passed Amendment 64, which amended Article XVIII of the Colorado Constitution by the addition of a new section 16 regarding the personal use and regulation of marijuana; WHEREAS, Amendment 64 permits the possession, use, display, purchase or transportation of marijuana accessories and one ounce or less of marijuana by persons 21 years of age and older; WHEREAS, Amendment 64 allows possessing, growing, processing, or transporting no more than six marijuana plants, with three or fewer being mature, flowering plants, and possession of the marijuana produced by the plants on the premises where the plants were grown, provided that the growing takes place in an enclosed, locked space, is not conducted openly or publicly, and is not made available for sale; WHEREAS, Amendment 64 allows local governments to prohibit the possession of marijuana and marijuana accessories by persons under the age of 21 years and to prohibit the open and public consumption of marijuana by persons of any age; and WHEREAS, it is the desire of the Vail Town Council to pass legislation reconciling the Vail Town Code with to Amendment 64 and to clarify and codify the Town's prohibition of medical marijuana businesses. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 6-3C-6 of the Vail Town Code is hereby amended to read as follows: 6-3C-6: Possession of Marijuana, Marijuana Products and Marijuana Accessories Cannabis: A. Definitionsed: "Cannabis" or MARIJUANA: includes all parts of the plant of the genus cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds, or its resin, including marijuana concentrate, but the term does not include industrial hemp, nor does it include shall not include the mature 2/5/2013 Ordinance o. 2, Series of 2013 2 stalks of said plant, fiber produced from its stalks, oil or cake made from the seeds of said plant, or any other compound or manufacture, salt, derivative, mixture, or preparation of its mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other product. MARIJUANA PRODUCTS: Concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures. MARIJUANA ACCESSORIES: Equipment, products, or materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body. OPENLY OR PUBLICLY: The consumption or growing of marijuana in a place commonly or usually open to or accessible by the general public, or to which members of the general public may resort, including without limitation public ways, streets, sidewalks, alleys, bicycle paths, trails, golf courses, public buildings, parks, open spaces, parking lots, shopping centers, places of business usually open to the general public, and automobiles or other vehicles in or upon any such place or places, but excluding the interior or enclosed yard area of private homes, residences, condominiums or apartments. For purposes of this Section, "openly or publicly" expressly includes the consumption or growing of marijuana in any place not used for residential purposes where individuals gather to consume or grow marijuana, regardless of whether such place calls itself private or public or charges an admission or membership fee. B. Unlawful Acts Designated: It is shall be unlawful: for any person to: 1. For any person to use, display, purchase, transport possess or transfer not more than one ounce of marijuana in the Town. cannabis, without documented legal authority to do so; or 2. For any person to possess, grow, process or transport in the Town more than six (6) marijuana plants, with three (3) or fewer being mature, flowering plants. A person may possess the marijuana produced by these plants, provided that such possession is limited to the premises where the plants were grown and further provided that the growing takes place in an enclosed locked space and is not conducted openly or publicly 2/5/2013 Ordinance o. 2, Series of 2013 3 or made available for sale. Openly and publicly display, consume or use not more than one ounce of cannabis. 3. For a person under the age of twenty-one (21) to use, display, purchase, transport, possess or transfer marijuana, marijuana products or marijuana accessories anywhere in the Town. 4. For a person twenty-one (21) years of age or older to use, display, purchase, transport, possess or transfer marijuana, marijuana products or marijuana accessories in the Town for any reason other than personal use. 5. For a person twenty-one (21) years of age or older to purchase on behalf of, transfer to, or otherwise assist a person under the age of twenty-one (21) in obtaining marijuana, marijuana products or marijuana accessories in the Town. 6. For any person to openly or publicly consume or grow marijuana or to consume marijuana in a manner that endangers others in the Town. C. Penalty: 1. Violations of this Section shall be punishable as set forth in Title 1, Chapter 4 of this Code. 2. It shall be an affirmative defense to a prosecution under this Section that a person is in possession of a valid registry identification card authorizing the medicinal use of marijuana issued by the State, so long as consumption or use does not occur in a public place. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 2/5/2013 Ordinance o. 2, Series of 2013 4 Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of January, 2013 and a public hearing for second reading of this Ordinance set for the 5th day of February, 2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Andrew P. Daly, Mayor ATTEST: ____________________________ Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 5th day of February, 2013. _____________________________ Andrew P. Daly, Mayor ATTEST: ____________________________ Lorelei Donaldson, Town Clerk 2/5/2013