HomeMy WebLinkAbout2013-06-18 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., JUNE 18, 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.)
2.
ITEM/TOPIC: Consent Agenda:
1) Holy Cross Energy Utility Easement to power to the ATT tower sites
located at Public Works - Tom Kassmel
2) MOU State Digital Trunked Radio System - Dwight Henninger
(5 min.)
3.
ITEM/TOPIC: Town Manager Report:
(5 min.)
PRESENTER(S): Stan Zemler
4.
ITEM/TOPIC: Dismount Zones Vail Village (15 min.)
PRESENTER(S): Dwight Henninger
ACTION REQUESTED OF COUNCIL: Discuss, take public comment and
decide if bicycle and skateboard dismount zones should be approved in Vail
Village
BACKGROUND: In October of 2012, the Council discussed the use of
dismount zones in Vail Village at the request of merchants in the area. It was
requested that the issue be discussed at a future Council meeting with input
from the citizens. The attached memorandum from October 2012 provides
the authorities to place official traffic control signs to restrict the riding of
bicycles and skateboards in the area.
STAFF RECOMMENDATION: Dismount zones may provide an added
safety measure for the pedestrian public in Vail Village, if Council decides to
implement a dismount zone, staff recommends that Council adopt the
following direction:
Dismount Zone = in Vail Village to include Bridge and Wall Streets and Gore
Creek Drive between Checkpoint Charlie and the east end of the Gorsuch
building, posted for no bicycle riding and marked with “Dismount” signs. All
Dismount Zones apply to skateboards, but not to pedicabs. Dismount is
defined as “walking beside the bicycle with both feet off the pedals at the
same time.”
Skateboard = any device consisting of a footrest mounted on wheels less 6/18/2013
than fourteen inches (14") in diameter, upon which a person may ride, that is
propelled solely by human power. This includes, in-line skates, and non-
motorized scooters. These devices are not vehicles. They are considered
toys by CRS (42-4-109 (Sub.¶9)).
The following actions are considered to be safety violations and subject the
violator to a $25.00 fine or as set by the Town Judge- Riding in a Dismount
Zone
5.
ITEM/TOPIC: RAMP & Lionshead Landscape Medians Update and
Available TIF Funding (30 min.)
PRESENTER(S): Tom Kassmel
ACTION REQUESTED OF COUNCIL: Provide staff with direction regarding
submitting final applications for the three RAMP projects and the Lionshead
Landscape Medians
BACKGROUND: The Town applied to CDOT with three projects for $29
million in RAMP funding this past May. The three RAMP projects
included; Simba Run Underpass, Frontage Road Improvements, and East
Vail Water Quality Improvements. Staff received notification on May 31st
that all three submitted projects were pre-selected and now may complete
the Final Project Application for final selection this fall. At the June 4th
Council work session Council discussed some concern over the required $6
million Town matching funds for the Simba Run Underpass, and expending
an additional $1 million on the Lionshead Landscape Medians. Staff
proposed funding these projects with Tax Increment Financing (TIF) dollars.
The purpose of this Council evening session is to present each RAMP
project and the Lionshead Landscape Medians to Council for final direction;
and to provide an updated TIF budget projection.
STAFF RECOMMENDATION: Staff recommends proceeding with the final
round of applications with all three pre-selected RAMP projects; and moving
forward with the design of the Lionshead Landscape Medians this year and
construction of the medians next year with or without the RAMP funding. This
would require adding $6 million of TIF funding to the budget thru 2017 for the
Simba Run Underpass matching funds; and $1 million of TIF funding to the
2014 budget for the Lionshead Landscape Medians.
6. ITEM/TOPIC: Ordinance No. 8, Series of 2013 An Emergency Ordinance
Adopting a Temporary Moratorium on the Processing and Approval of all
Business and Land Use Applications for Private Ski Club Uses Within the
Town. (20 min.)
PRESENTER(S): George Ruther
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications,
or deny Ordinance No. 8, Series of 2013.
BACKGROUND: The Town Staff ("Staff") has recently received several
inquiries to operate private ski clubs within the Town.
Staff is studying the effects of allowing private ski clubs to operate within the
Town, considering the Town's existing land use regulations and master plan,
and will thereafter provide information to the Council as to whether such uses
should be permitted at any location in the Town.
6/18/2013
Pursuant to C.R.S. § 31-23-301, the Town is empowered to regulate and
restrict zoning, including but not limited to the location and use of buildings
within its jurisdiction.
Pursuant to C.R.S. § 31-23-303(1), the Town's zoning regulations must be
made in accordance with the Comprehensive Plan and designed to, among
other things, promote health and general welfare within the Town.
Staff needs sufficient time to gather information and study the impacts of
private ski clubs and the zone districts in which they should be permitted, if at
all.
The imposition of a moratorium on the operation of, and the processing and
approval of all business and land use applications for private ski clubs will
allow the Staff, Town Attorney and the Council to assess whether such uses
are in the best interest of the public health, safety and welfare.
STAFF RECOMMENDATION: Approve, approve with modifications, or deny
Ordinance No. 8, Series of 2013.
7.
ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town
Code, of the Design Review Board's approval, with conditions, of a design
review application for minor exterior alterations to expand storefront windows
at 158 Gore Creek Drive Unit 132/Lots A, B, and C, Block 5C, Vail Village
Filing 1, and setting forth details in regard thereto. (45 minutes)
PRESENTER(S): Joe Batcheller
ACTION REQUESTED OF COUNCIL: Pursuant to Section 12-3-3, Appeals,
Vail Town Code, the Vail Town Council shall uphold, uphold with
modifications, or overturn the Design Review Board's May 1, 2013, decision.
BACKGROUND: On May 1, 2013, the Design Review Board approved, with
a condition, an application to expand the storefront windows of Gore Creek
Gallery and Traveler Books .
On May 21, 2013, the Vail Town Council appealed (called-up) the approval of
DRB130090 by the Design Review Board.
STAFF RECOMMENDATION: Staff recommends the Vail Town Council
review the Design Review application for the Gore Creek Gallery and
Traveler Books for compliance with the Vail Village Design Consideratons
(VVDC) and provide direction to staff and the Design Review Board on the
interpretation and application of the VVDC.
8.
ITEM/TOPIC: An update regarding recent legislation concerning the
regulation of the retail sale of recreational marijuana, which is now referred to
as "adult use marijuana." House Bill 13-1317 ("HB 1317") sets forth the
licensing structure, House Bill 13-1318 ("HB 1318") addresses taxation and
Senate Bill 13-283 ("SB 283") addresses miscellaneous provisions in the
Colorado Revised Statutes concerning marijuana use. (20 min.)
PRESENTER(S): Matt Mire
ACTION REQUESTED OF COUNCIL: Discuss and provide direction.
BACKGROUND: By October 1, 2013, all local jurisdictions are required to
either prohibit retail marijuana sales or adopt an ordinance identifying the 6/18/2013
entity within the Town that will be responsible for processing applications.
(SEE ATTACHED MEMORANDUM).
9.
ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town
Code, of the Town of Vail Planning and Environmental Commission's
approval, with conditions, of a development review application for the review
of a variance from Section 12-7B-15, Site Coverage, Vail Town Code,
pursuant to Chapter 12-17 Variances, Vail Town Code, to allow for the
review of a major exterior alteration or modification, pursuant to Section 12-
7B-7, Exterior Alterations and Modification, Vail Town Code, to allow for the
construction of additions, located at 225 Wall Street/Lot B, Block 5C, Vail
Village Filing 1, and setting forth details in regard thereto. (5 min.)
PRESENTER(S): Warren Campbell
ACTION REQUESTED OF COUNCIL: The Vail Town Council is asked to
table this item to the July 2, 2013, public hearing, without discussion.
10. ITEM/TOPIC: Adjournment (8:40 p.m.)
6/18/2013
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 18, 2013
ITEM/TOPIC: Citizen Participation.
6/18/2013
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 18, 2013
ITEM/TOPIC: Consent Agenda:
1) Holy Cross Energy Utility Easement to power to the ATT tower sites located at Public
Works - Tom Kassmel
2) MOU State Digital Trunked Radio System - Dwight Henninger
ATTACHMENTS:
Holy Cross Energy Easement Memorandum
MOU State Digital Trunked Radio System
6/18/2013
To: Town Council
From: Public Works Department
Date: June 18, 2013
Subject: Holy Cross Energy Easement
I. Summary
In order to provide power to the new AT&T cell tower at the Town of Vail Public Works
Department, Holy Cross Energy requires an easement across Town property. The
easement will run parallel with the southern property line along the existing curb and
gutter for a width of 15’ and a length of approximately 950’.
Staff recommends approving the easement in a form approved by the Town Attorney in
order to provide power to the AT&T cell tower.
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 18, 2013
ITEM/TOPIC: Town Manager Report:
PRESENTER(S): Stan Zemler
6/18/2013
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 18, 2013
ITEM/TOPIC: Dismount Zones Vail Village
PRESENTER(S): Dwight Henninger
ACTION REQUESTED OF COUNCIL: Discuss, take public comment and decide if bicycle
and skateboard dismount zones should be approved in Vail Village
BACKGROUND: In October of 2012, the Council discussed the use of dismount zones in
Vail Village at the request of merchants in the area. It was requested that the issue be
discussed at a future Council meeting with input from the citizens. The attached memorandum
from October 2012 provides the authorities to place official traffic control signs to restrict the
riding of bicycles and skateboards in the area.
STAFF RECOMMENDATION: Dismount zones may provide an added safety measure for
the pedestrian public in Vail Village, if Council decides to implement a dismount zone, staff
recommends that Council adopt the following direction:
Dismount Zone = in Vail Village to include Bridge and Wall Streets and Gore Creek Drive
between Checkpoint Charlie and the east end of the Gorsuch building, posted for no bicycle
riding and marked with “Dismount” signs. All Dismount Zones apply to skateboards, but not to
pedicabs. Dismount is defined as “walking beside the bicycle with both feet off the pedals at
the same time.”
Skateboard = any device consisting of a footrest mounted on wheels less than fourteen inches
(14") in diameter, upon which a person may ride, that is propelled solely by human power. This
includes, in-line skates, and non-motorized scooters. These devices are not vehicles. They are
considered toys by CRS (42-4-109 (Sub.¶9)).
The following actions are considered to be safety violations and subject the violator to a
$25.00 fine or as set by the Town Judge- Riding in a Dismount Zone
ATTACHMENTS:
October 2012 Dismount Memo
6/18/2013
To: Vail Town Council
From: Dwight Henninger, Chief of Police
Justin Dill, Sergeant
Date: October 10, 2012
Subject: Bicycle Dismount Zone in Vail Village
I. SUMMARY
The question has been raised if the Town can implement a bicycle dismount zone in the
area of Bridge Street and Gore Creek Drive, the answer is yes. If Council desires the
Village area to be a bicycle dismount zone, this can be accomplished for next spring.
II. DISCUSSION
After some research into the legality of a bicycle dismount zone covering the Village
Street in the Town of Vail, we have the authority to erect official traffic control devices to
create a designated bicycle dismount zone. Staff recommends this new proposal to
exclude the Pedi cabs as they have a specific Town ordinance regulating their operating
capability. Staff does not believe we need to enact a separate ordinance to create a
dismount zone based on existing statute and code. We have been unable to locate any
specific ordinance in cities enforcing dismount zones, like Ft. Collins, beyond obedience
to official traffic control devices.
Currently the stairs on Wall Street and near the
Children’s Fountain have dismount signs.
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Town of Vail Page 2
III. STATUES, CODES AND CASE LAW
Following is the pertinent Colorado Revised Statues and Model Traffic Code citations as
well as a case law citation with respect to home-rule and enacting laws of municipal
concern if it were determined a desire to create a specific municipal ordinance.
Included is language defining a dismount zone from the bicycle rules handbook from
Colorado State University in Ft. Collins.
Under C.R.S. 42-4-1412 (10)(b) and Model Traffic Code 1412:
42-4-1412. Operation of bicycles and other human-powered vehicles
(1) Every person riding a bicycle or electrical assisted bicycle shall have all of the rights
and duties applicable to the driver of any other vehicle under this article, except as to
special regulations in this article and except as to those provisions which by their nature
can have no application. Said riders shall comply with the rules set forth in this section
and section 42-4-221, and, when using streets and highways within incorporated cities
and towns, shall be subject to local ordinances regulating the operation of bicycles and
electrical assisted bicycles as provided in section 42-4-111.
(10) (b) A person shall not ride a bicycle or electrical assisted bicycle upon and along a
sidewalk or pathway or across a roadway upon and along a crosswalk where such use
of bicycles or electrical assisted bicycles is prohibited by official traffic control devices or
local ordinances. A person riding a bicycle or electrical assisted bicycle shall dismount
before entering any crosswalk where required by official traffic control devices or local
ordinances.
Under 42-4-111(1)(y):
42-4-111. Powers of local authorities
(1) This article shall not be deemed to prevent local authorities, with respect to streets
and highways under their jurisdiction and within the reasonable exercise of the police
power, except those streets and highways that are parts of the state highway system
that are subject to section 43-2-135, C.R.S., from:
(y) Regulating the local movement of traffic or the use of local streets where such is not
provided for in this article;
Here is a case law citation regarding home rule and matters of municipal concern:
Municipal ordinance of local concern supersedes conflicting state statute. Under the
home-rule amendment, once a matter is determined to be a matter of local and
municipal concern, any local ordinance in a home-rule city addressing the matter will
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Town of Vail Page 3
supersede a conflicting state statute. People v. Hizhniak, 195 Colo. 427, 579 P.2d 1131
(1978).
The following references were obtained from : police.colostate.edu/pdfs/Bike-
Booklet.pdf
Dismount Zone = all areas of the University posted for no bicycle riding and marked with
ground graphics and/or “Dismount” signs. All Dismount Zones apply to skateboards as
well.
1. Dismount is defined as “walking beside the bicycle with both feet off the
pedals at the same time.”
Q. Skateboard = any device consisting of a footrest mounted on wheels less than
fourteen inches (14") in diameter, upon which a person may ride, that is propelled solely
by human power. This includes rollerskates, in-line skates (rollerblades), and non-
motorized scooters. These devices are not vehicles. They are considered toys by CRS
(42-4-109 (Sub.¶9)).
The following actions are considered to be safety violations and subject the violator to a
$25.00 fine:
– Riding in a Dismount Zone
IV. CONCLUSION
If Council desires to implement a bicycle dismount zone for the Village, this can be done
with the existing legislation at your direction for this next summer.
6/18/2013
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 18, 2013
ITEM/TOPIC: RAMP & Lionshead Landscape Medians Update and Available TIF Funding
PRESENTER(S): Tom Kassmel
ACTION REQUESTED OF COUNCIL: Provide staff with direction regarding submitting final
applications for the three RAMP projects and the Lionshead Landscape Medians
BACKGROUND: The Town applied to CDOT with three projects for $29 million in RAMP
funding this past May. The three RAMP projects included; Simba Run Underpass, Frontage
Road Improvements, and East Vail Water Quality Improvements. Staff received notification on
May 31st that all three submitted projects were pre-selected and now may complete the Final
Project Application for final selection this fall. At the June 4th Council work session Council
discussed some concern over the required $6 million Town matching funds for the Simba Run
Underpass, and expending an additional $1 million on the Lionshead Landscape
Medians. Staff proposed funding these projects with Tax Increment Financing (TIF) dollars.
The purpose of this Council evening session is to present each RAMP project and the
Lionshead Landscape Medians to Council for final direction; and to provide an updated TIF
budget projection.
STAFF RECOMMENDATION: Staff recommends proceeding with the final round of
applications with all three pre-selected RAMP projects; and moving forward with the design of
the Lionshead Landscape Medians this year and construction of the medians next year with or
without the RAMP funding. This would require adding $6 million of TIF funding to the budget
thru 2017 for the Simba Run Underpass matching funds; and $1 million of TIF funding to the
2014 budget for the Lionshead Landscape Medians.
ATTACHMENTS:
PW memo
Finance Memo
VRA Forecast
Presentation
6/18/2013
To: Town Council
From: Public Works
Date: 6-18-13
Subject: RAMP & Lionshead Medians Update and Available TIF Funding
I. SUMMARY
At the April 16th Council work session Council directed staff to apply to CDOT with three
projects for RAMP funding and to provide a concept plan and estimated cost to install
landscape medians from the Lionshead Parking Structure Entry west to Vail Spa.
The three RAMP projects included;
• Simba Run Underpass
• Frontage Road Improvements
• East Vail Water Quality Improvements
Staff received notification on May 31st that all three submitted projects were pre-
selected and now may complete the Final Project Application for final selection this fall.
At the June 4th Council work session Council discussed some concern over the required
$6 million Town matching funds for the Simba Run Underpass, and expending an
additional $1 million on the Lionshead Landscape Medians. Staff proposed funding
these projects with Tax Increment Financing (TIF) dollars.
The purpose of this Council evening session is to present each RAMP project and the
Lionshead Landscape Medians to Council for final direction; and to provide an updated
TIF budget projection.
II. PROJECT DETAIL
The Simba Run project is a proposed new underpass under I-70 that connects the
North and South Frontage Roads. It is located approximately half way between the
Main Vail and West Vail interstate exits; more specifically at its name sake, the Simba
Run Condominiums. The project has been discussed since the early 1990’s and is
referenced in numerous Vail master plans and transportation related documents
including the I-70 PEIS. It provides connectivity between the North and South Frontage
Roads for vehicles, pedestrians, bicyclist, and transit operations. It also relieves some
6/18/2013
Town of Vail Page 2
congestion at the Main and West Vail roundabouts by providing a more direct route
between Lionshead area and the West Vail Mall area. The total project cost submitted
for RAMP funding is $20.6 million. In order to provide the best chance of success in the
selection process the Town has submitted a match of $6.0 million or 29% to be funded
by the VRA and TIF dollars(See attached TIF memo). It is also a project that has
already begun a joint feasibility study between CDOT and the Town of Vail. This joint
project is more specifically known as a Planning and Environmental Linkage (PEL)
report to understand the projects impacts. The PEL project will have its initial Public
Meeting on August 6th, with an introductory Council meeting that same evening.
The Frontage Road Improvements project consists of upgrading the entire Frontage
Road system within Vail to current transportation standards. Improvements include;
shoulders/bike lanes, auxiliary/turn lanes where required, medians where appropriate,
and necessary maintenance, including an asphalt overly on both the North and South
Frontage Roads and spot reconstruction as necessary. The project would bring the
Frontage Roads up to a standard that would make taking over the Frontage Roads
more realistic if the Town and CDOT so desired at some point in the future. The
submitted total project cost is $23.3 million. Of which, $4.6 million has already been
constructed by the Town in the form of widened bike lanes and shoulders over the past
few years, and $5.0 million is currently in the Town’s budget from TIF & RETT for
additional improvements over the next couple of years; thus totaling an available Town
match of $9.6 million dollars or 46%.
The major improvement projects that are a part of this funding request include;
• Cascade shoulders/bike lanes $0.5m 2014
• Lionshead to Vail Spa medians $1.0m 2014
• North Frontage shoulders/bike lanes $1.5m 2015
• Timber Ridge turn lanes $1.0m 2015
• Buffehr Creek turn lane $0.5m 2015
• Lions Ridge Loop turn lane $0.5m 2015
• Red Sandstone Rd & School turn lanes $0.8m 2015
• Bald Mountain turn lane $0.3m 2016
• Booth Creek turn lane $0.4m 2016
• 2” Structural Overlay & Spot Reconstruction $8.0m 2016
• Municipal Building to Lionshead Parking Entry $3.0m 2017
The dollars amounts in bold are those that are currently within the Town’s budget and
are the matching funds for the RAMP funding. The year shown for each improvement is
a preliminary look at phasing opportunities, moving the Municipal Building to Lionshead
improvement to last to account for any changes necessary for Hospital Master Plan.
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Town of Vail Page 3
The East Vail Water Quality project is a project that provides water quality treatment
within retentions basins near the Gore Creek Campground / I-70 overpass and within
underground facilities at the East Vail interchange. This project is identified in the Gore
Creek Water Quality Improvement Plan and is an ideal project for a joint partnership
with CDOT. The project was submitted with a total project budget of $1.14 million. In
order to provide the best chance of success in the selection process the Town has
submitted a match of $440 thousand or a 39% match to be funded by the existing Water
Quailty improvement budget.
The Lionshead Landscape Medians project is a project that was previously discussed
to enhance the South Frontage Road from the Lionshead Parking Structure entry west
to Vail Spa. This section of roadway was recently widened to accommodate overflow
parking, turn lanes and bike lanes which resulted in large areas of painted asphalt
medians. These medians could be replaced with landscaped medians similar to the
ones recently installed in front of the Ritz Carlton, Four Seasons, Sebastian, and
Solaris. This project is a part of the above mentioned Frontage Road Improvements
RAMP project, however, it is recommended to move forward with this project with or
without the RAMP funds. This project itself is estimated at $1 million, which could be
paid by the VRA with TIF dollars if the RAMP funding is not approved (See attached TIF
memo). It would be beneficial to have this project constructed next spring in order to be
complete prior to CDOT’s scheduled Frontage Road asphalt overlay next summer and
fall, and complete prior to the 2015 World Ski Championships. Because this project
doubles the amount of landscape medians in Town, increased maintenance and
operation costs for irrigation, landscaping, and snow removal would need to be
considered in future budgets.
III. RECOMMENDATION
Staff recommends proceeding with the final round of applications with all three pre-
selected RAMP projects; and moving forward with the design of the Lionshead
Landscape Medians this year and construction of the medians next year with or without
the RAMP funding. This would require adding $6 million of TIF funding to the budget
thru 2017 for the Simba Run Underpass matching funds; and $1 million of TIF funding
to the 2014 budget for the Lionshead Landscape Medians. As mentioned above, the $1
million for landscape medians would not be needed from TIF if the RAMP funding for
frontage road improvements is approved.
If all three RAMP projects are selected in the final round, the following matching funds
will be required over the next 4 years.
Total Previous Vail RAMP
Project Cost Match Match Funds
• Simba Run Underpass $20.60m $0.00 $6.00m $14.6m
• Frontage Road $23.30m $4.60m $5.00m $13.7m
• East Vail Water Quality $ 1.14m $0.00 $0.44m $0.70m
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Town of Vail Page 4
Based on the TIF expense and revenue projections provided by the Finance
Department (See attached TIF memo) there will be adequate TIF funds to pay for all
currently budgeted TIF projects and the additional $6 million for the Simba Run
Underpass, as well as an additional $1 million for the Lionshead Landscape Medians,
and still maintain a minimum $1 million dollar yearly balance thru 2017.
Beyond 2017 TIF revenue continues to be collected thru 2030. The projected total
collections after 2017 is an additional $38 million which can be spent on other
Lionshead TIF district capital projects. At this time the only other TIF project
contemplated above and beyond the 2017 projects is the expansion of the Lionshead
Parking. A list of completed and budgeted projects thru 2017 is attached.
IV. ATTACHMENTS
TIF Funding for RAMP Projects – Finance Department
Presentation
6/18/2013
To: Town Council
From: Finance Department
Date: June 13, 2013
Subject: TIF Funding for RAMP Projects
I. BACKGROUND
On June 4, Council discussed three projects which have been approved to move to the
second step of submission for RAMP grant funding from CDOT. Questions were asked
regarding tax increment financing (TIF) related to two of the projects.
The Simba Run Underpass project is expected to cost a total of $20 million with $14
million from the RAMP grant and $6 million in matching funds from the town, which are
not included in the current budget or five-year capital plan. Council asked if the $6
million could be funded by the Vail Reinvestment Authority (VRA) through TIF and
whether the underpass was the best use for $6 million of TIF.
For the Frontage Road Improvements project, $3 million of the $5 million required
match is included in the VRA five-year capital plan, with the additional $2.0 million
included in the Real Estate Transfer Tax Fund five-year plan. If the project is granted
RAMP funding, landscaped medians from Lionshead to Vail Spa will be paid for from
the grant. However, if RAMP funding is not approved, Council asked if $1.0 million is
available from the VRA without a reduction in the funds planned for the frontage road
improvements from the muni building to Lionshead.
II. VAIL REINVESTMENT AUTHORITY PROJECTION
The attached spreadsheet shows a five-year projection for the VRA with the following
adjustments included:
• Property tax revenue adjusted for most recent preliminary assessed valuations
• Federal subsidy for Build America Bonds reduced by 8.7% per federal budget
reduction
• Parking Structure Capital Maintenance - $300K reallocated to parking system
entry equipment in 2013 and annual amount reduced in 2014 through 2017
based on history
• Simba Run Underpass - $6 million total funded from 2014 through 2016
• Lionshead to Vail Spa Landscape Medians - $1 million funded in 2014
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Town of Vail Page 2
• East Lionshead Circle pathway to Dobson moved from 2016 to 2017 to
accommodate cash flow and construction schedules
The resulting fund balances are positive throughout the five-year horizon with $1.3
million remaining at the end of 2017
With no additional projects specified beyond 2017, projections for the remaining life of
the TIF district show $39.6 million of cash available from 2018 through 2030. Debt
financing would reduce the amount available for project spending based upon how
much debt was incurred and for how long.
III. CONCLUSION
Using cash from TIF to fund $6 million for the Simba Run Underpass and $1 million for
landscaped medians would not jeopardize any of the projects currently planned.
Beyond 2017, an estimated $39.6 million is expected to be available for additional cash
funded projects. If we chose not to spend the $6 million to fund a RAMP match for
Simba Run and decide later to do the project without CDOT, the amount available for
other projects would be reduced by at least $14 million to an estimated $25 million.
6/18/2013
20122013
ActualProjected2014201520162017
Revenue
Property Tax - LionsHead TIF2,967,340$ 2,964,000$ 3,264,000$ 3,264,000$ 3,427,200$ 3,427,200$
Property Tax - Vail Square Metro Districts416,153 415,000 457,000 457,000 479,850 479,850
Federal Subsidy for Build America Bonds180,619 158,262 158,262 158,262 158,262 158,262
Earnings on Investments12,817 15,000 9,000 6,000 7,000 4,000
Total Revenue3,576,929 3,552,262 3,888,262 3,885,262 4,072,312 4,069,312
Operating Expenditures
Professional Fees1,535 25,000 25,000 25,000 25,000 25,000
Management Fee 59,352 59,280 65,280 65,280 68,544 68,544
Treasurer's Fee -LionsHead TIF89,027 88,920 97,920 97,920 102,816 102,816
Treasurer's Fee -Vail Square Metro Districts12,485 12,450 13,710 13,710 14,396 14,396
Vail Square Metro District Pass Through403,668 402,550 443,290 443,290 465,455 465,455
Total Operating566,067 588,200 645,200 645,200 676,210 676,210
Debt Service
Principal445,000 460,000 475,000 490,000 500,000 515,000
Interest618,778 605,203 591,178 577,928 564,928 564,928
Fiscal Agent fees- 2,200 2,200 2,200 2,200 2,200
Total Debt Service 1,063,778 1,067,403 1,068,378 1,070,128 1,067,128 1,082,128
Total Expenditures 1,629,845 1,655,603 1,713,578 1,715,328 1,743,338 1,758,338
Excess of Revenues Over Expenditures1,947,084 1,896,659 2,174,684 2,169,934 2,328,974 2,310,974
Other Financing Sources (Uses)
Transfer Out - Capital Projects Fund
LionsHead Welcome Center(829,027) (94,536)
Guest Services Enhancements/Wayfinding(265,610) (570,000)
Library Remodel(1,955,231) (298,497)
East LionsHead Portal (VRA)(1,652,728) (463,561)
West LionsHead Portal (VRA)(642,956) (129,544)
LionsHead Parking Structure Entry (200,000) (1,000,000)
Frontage Road improvements (LH Pkg to Muni)(3,000,000)
Parking Entry System / Equipment (LH only)(300,000)
CDOT-Required Parking
Sundial Plaza fountain & surround(9,432) (840,568)
East LH Circle pathway to Dobson (890,000)
Dobson Plaza (1,075,000)
Simba Run Underpass Feasibility study (200,000)
Simba Run Underpass - RAMP project (600,000) (1,000,000) (2,200,000) (2,200,000)
Lionshead Landscape Medians (without RAMP)(1,000,000)
LionsHead Parking Structure Capital Maintenance- (10,000) (50,000) (50,000) (50,000) (50,000)
Total Other Financing Sources (Uses)(5,354,984) (3,106,706) (5,650,000) (1,050,000) (3,140,000) (3,325,000)
Net Change in Fund Balance (3,407,900) (1,210,047) (3,475,316) 1,119,934 (811,026) (1,014,026)
Beginning Fund Balance10,143,991 6,736,091 5,526,044 2,050,728 3,170,662 2,359,637
Ending Fund Balance 6,736,091$ 5,526,044$ 2,050,728$ 3,170,662$ 2,359,637$ 1,345,611$
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
VAIL REINVESTMENT AUTHORITY PROJECTION
- 1 -
6/18/2013
RA
M
P
P
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3
6/18/2013
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Pr
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•
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•
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•
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Th
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by
TI
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do
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th
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1
7
6/18/2013
Ba
c
k
g
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u
n
d
3
•
A pa
r
t
of
VT
M
P
(
1
9
9
3
‐20
0
9
)
,
LH
M
P
(
1
9
9
9
‐20
1
1
)
,
Va
i
l
20
/
2
0
Pl
a
n
(2
0
0
7
)
,
&
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VR
A
Li
o
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s
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a
d
P
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c
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De
v
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p
m
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Pl
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(
R
e
s
o
l
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i
o
n
Series 9 of
20
0
5
)
Si
m
b
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Un
d
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p
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s
•
Si
m
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a pr
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a pa
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of
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To
w
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’
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master
pl
a
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n
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g
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n
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e
19
9
3
.
It
is
a ne
w
I‐70
Un
d
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p
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Fr
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and West Vail
Ex
i
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s
.
I
t
pr
o
v
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;
•
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m
m
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v
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y
•
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h
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Pe
d
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c
y
c
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Co
n
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c
t
i
o
n
•
Im
p
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v
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s
Tr
a
n
s
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Se
r
v
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c
e
•
Im
p
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s
Em
e
r
g
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n
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Se
r
v
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e
•
Im
p
r
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v
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s
tr
a
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a
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p
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be
t
w
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ar
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p
a
r
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by
In
t
e
r
s
t
a
t
e
6/18/2013
4
6/18/2013
Ba
c
k
g
r
o
u
n
d
5
•
A pa
r
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of
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M
P
(
1
9
9
3
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0
9
)
,
LH
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P
(
1
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1
)
,
Va
i
l
20
/
2
0
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a
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(2
0
0
7
)
,
&
th
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VR
A
Li
o
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s
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a
d
P
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b
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Fa
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s
De
v
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p
m
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Pl
a
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(
2
0
0
5
)
Fr
o
n
t
a
g
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Ro
a
d
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p
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v
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m
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s
•
Th
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Fr
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a
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p
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m
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pr
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im
p
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s
sa
f
e
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y
,
ca
p
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,
and
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p
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m
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s
in
c
l
u
d
e
;
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As
p
h
a
l
t
Ov
e
r
l
a
y
& Sp
o
t
Re
c
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s
t
r
u
c
t
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on
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t
a
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s
•
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& So
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to
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p
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s
•
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a
d
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o
Va
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Sp
a
me
d
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a
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s
•
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f
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k
tu
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la
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•
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d
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o
p
tu
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la
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•
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m
b
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r
Ri
d
g
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tu
r
n
la
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s
•
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d
Sa
n
d
s
t
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e
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& Sc
h
o
o
l
tu
r
n
la
n
e
s
•
Ba
l
d
Mo
u
n
t
a
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n
tu
r
n
la
n
e
•
Bo
o
t
h
Cr
e
e
k
tu
r
n
la
n
e
6/18/2013
6
VA
I
L
TR
A
N
S
P
O
R
T
A
T
I
O
N
MA
S
T
E
R
PL
A
N
(2
0
0
9
)
6/18/2013
Ba
c
k
g
r
o
u
n
d
7
•
Ba
s
e
d
on
th
e
Go
r
e
Cr
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e
k
Wa
t
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r
Qu
a
l
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t
y
Im
p
r
o
v
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m
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n
t
Pl
a
n
(2
0
1
3
)
Ea
s
t
Va
i
l
Wa
t
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r
Qu
a
l
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t
y
Pr
o
j
e
c
t
•
Th
e
Ea
s
t
Va
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l
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t
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r
Qu
a
l
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y
Im
p
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v
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m
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t
Pr
o
j
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c
t
in
c
l
u
d
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s
tw
o
pr
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c
t
s
de
v
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l
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p
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d
as
a re
s
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l
t
of
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r
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a
l
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p
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m
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t
Plan, the
im
p
r
o
v
e
m
e
n
t
s
in
c
l
u
d
e
;
•
Wa
t
e
r
qu
a
l
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y
re
t
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n
t
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n
ba
s
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n
s
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r
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k
Ca
m
p
g
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o
u
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d
/ I‐70
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d
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r
p
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s
•
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d
fa
c
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t
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at
th
e
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s
t
Va
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l
in
t
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r
c
h
a
n
g
e
6/18/2013
8
EA
S
T
VA
I
L
WA
T
E
R
QU
A
L
I
T
Y
IM
P
R
O
V
E
M
E
N
T
6/18/2013
Ba
c
k
g
r
o
u
n
d
9
Li
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d
L
a
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s
c
a
p
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Me
d
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a
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s
•
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r
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to
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Sp
a
•
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as
p
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me
d
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a
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s
to
ra
i
s
e
d
La
n
d
s
c
a
p
e
medians
6/18/2013
6/18/2013
6/18/2013
6/18/2013
6/18/2013
Fu
n
d
i
n
g
10
Su
m
m
a
r
y
RA
M
P
Pr
o
j
e
c
t
V
a
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l
Ma
t
c
h
R
A
M
P
Fu
n
d
i
n
g
•
Si
m
b
a
R
u
n
Un
d
e
r
p
a
s
s
$
6.
0
m*
$
1
4
.
6
m
•
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n
t
a
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d
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p
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m
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0
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m
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F
do
l
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a
r
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q
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h
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x
t
tw
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a
r
s
budget
6/18/2013
Fu
n
d
i
n
g
11
TI
F
Pr
o
j
e
c
t
s
Pr
o
j
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c
t
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c
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d
u
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u
d
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•
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p
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r
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1
3
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m
•
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d
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5
m
•
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n
i
c
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p
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l
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d
g
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o
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t
r
y
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m
•
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v
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 18, 2013
ITEM/TOPIC: Ordinance No. 8, Series of 2013 An Emergency Ordinance Adopting a
Temporary Moratorium on the Processing and Approval of all Business and Land Use
Applications for Private Ski Club Uses Within the Town.
PRESENTER(S): George Ruther
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny
Ordinance No. 8, Series of 2013.
BACKGROUND: The Town Staff ("Staff") has recently received several inquiries to operate
private ski clubs within the Town.
Staff is studying the effects of allowing private ski clubs to operate within the Town,
considering the Town's existing land use regulations and master plan, and will thereafter
provide information to the Council as to whether such uses should be permitted at any location
in the Town.
Pursuant to C.R.S. § 31-23-301, the Town is empowered to regulate and restrict zoning,
including but not limited to the location and use of buildings within its jurisdiction.
Pursuant to C.R.S. § 31-23-303(1), the Town's zoning regulations must be made in
accordance with the Comprehensive Plan and designed to, among other things, promote
health and general welfare within the Town.
Staff needs sufficient time to gather information and study the impacts of private ski clubs and
the zone districts in which they should be permitted, if at all.
The imposition of a moratorium on the operation of, and the processing and approval of all
business and land use applications for private ski clubs will allow the Staff, Town Attorney and
the Council to assess whether such uses are in the best interest of the public health, safety
and welfare.
STAFF RECOMMENDATION: Approve, approve with modifications, or deny Ordinance No.
8, Series of 2013.
ATTACHMENTS:
Ordinance No. 8, Series of 2013
6/18/2013
Ordinance No. 8, Series of 2013
ORDINANCE NO. 8
SERIES 2013
AN EMERGENCY ORDINANCE ADOPTING A TEMPORARY
MORATORIUM ON THE PROCESSING AND APPROVAL OF ALL
BUSINESS AND LAND USE APPLICATIONS FOR PRIVATE SKI CLUB
USES WITHIN THE TOWN
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Vail Town Charter;
WHEREAS, the members of the Town Council have been duly elected and
qualified;
WHEREAS, pursuant to C.R.S. § 31-23-301, the Town is empowered to regulate
and restrict zoning, including but not limited to the location and use of buildings within its
jurisdiction;
WHEREAS, pursuant to C.R.S. § 31-23-303(1), the Town's zoning regulations
must be made in accordance with the Comprehensive Plan and designed to, among
other things, promote health and general welfare within the Town;
WHEREAS, the Town has recently received several inquiries and/or applications
to operate private ski clubs within the Town;
WHEREAS, it is the desire of the Town Council that Town Staff study the effects
of allowing private ski clubs to operate within the Town, considering the Town's existing
land use regulations and master plan, and thereafter provide information to the Town
Council as to whether such uses should be permitted at any location in the Town;
WHEREAS, Town Staff needs sufficient time to gather information and study the
impacts of private ski clubs and the zone districts in which they should be permitted, if at
all;
WHEREAS, the imposition of a moratorium on the operation of, and the
processing and approval of all business and land use applications for private ski clubs
will allow the Town Staff, Town Attorney and the Town Council to assess whether such
uses are in the best interest of the public health, safety and welfare; and
WHEREAS, due to the recent inquiries and/or applications received by the Town
for such uses, the Town Council finds and determines that an emergency exists
sufficient to place a temporary moratorium on the processing and approval of all
business and land use applications for private ski club uses during the time that Town
staff studies the impacts of such uses and the proper location for such establishments, if
permitted.
6/18/2013
Ordinance No. 8, Series of 2013
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Findings and Intent. The foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council of the
Town of Vail.
Section 2. Temporary Moratorium. Upon the adoption of this ordinance, a
moratorium is imposed on the processing and approval of all business and land use
applications for operation of any private ski club use within the Town. Town Staff is
directed to refuse to process, review or approve any such applications for the operation
of private ski clubs. It shall further be unlawful for any person to operate, cause to be
operated, or permit to be operated in the Town a private ski club at any location within
the Town unless the Town expressly authorized such use prior to the adoption of this
ordinance. For purposes of this ordinance, the term "private ski club" means a
members-only club that serves alcoholic beverages and other refreshment with on-site
ski storage, or any similar use.
Section 3. Investigation and Evaluation. During the term of this moratorium,
Town Staff shall investigate, evaluate and update the Town's Code as necessary to
regulate or prohibit the operation of private ski clubs within the Town.
Section 4. Authority. The Town Council hereby finds, determines and
declares that it has the power to adopt this ordinance pursuant to:
(i) The Local Government Land Use Control Enabling Act, Article 20 of
Title 29 C.R.S.;
(ii) Part 3 of Article 23 of Title 31, C.R.S. (concerning municipal zoning
powers);
(iii) Section 31-15-103, C.R.S. (concerning municipal police powers);
(iv) Section 31-15-401, C.R.S. (concerning municipal police powers);
(v) Section 31-15-501, C.R.S. (concerning municipal power to regulate
businesses);
(vi) The authority granted to home rule municipalities by Article XX of
the Colorado Constitution; and
(vii) The powers contained in the Town of Vail Town Charter.
Section 5. Expiration. The moratorium imposed by this ordinance shall
commence as of the date of the adoption of this ordinance and shall expire on
December 17, 2013, unless earlier repealed or extended, as determined by Town
ordinance.
6/18/2013
Ordinance No. 8, Series of 2013
Section 6. 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 7. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Section 8. 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.
Section 9. Pursuant to Section 4.11 of the Vail Town Charter, this ordinance is
deemed necessary for the protection of the public health, welfare and safety, because
the location of private ski clubs within the Town prior to the time that Town staff has had
an adequate opportunity to study the effects of such establishments and the proper
location for such establishments, if any, could cause irreparable harm to the Town and
its residents and visitors.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN
FULL ON FIRST AND FINAL READING this 18th day of June, 2013.
_____________________________
Andrew P. Daly, Mayor
ATTEST:
____________________________
Lorelei Donaldson, Town Clerk
6/18/2013
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 18, 2013
ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the
Design Review Board's approval, with conditions, of a design review application for minor
exterior alterations to expand storefront windows at 158 Gore Creek Drive Unit 132/Lots A, B,
and C, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto.
PRESENTER(S): Joe Batcheller
ACTION REQUESTED OF COUNCIL: Pursuant to Section 12-3-3, Appeals, Vail Town
Code, the Vail Town Council shall uphold, uphold with modifications, or overturn the Design
Review Board's May 1, 2013, decision.
BACKGROUND: On May 1, 2013, the Design Review Board approved, with a condition, an
application to expand the storefront windows of Gore Creek Gallery and Traveler Books .
On May 21, 2013, the Vail Town Council appealed (called-up) the approval of DRB130090 by
the Design Review Board.
STAFF RECOMMENDATION: Staff recommends the Vail Town Council review the Design
Review application for the Gore Creek Gallery and Traveler Books for compliance with the Vail
Village Design Consideratons (VVDC) and provide direction to staff and the Design Review
Board on the interpretation and application of the VVDC.
ATTACHMENTS:
Staff memorandum
Staff Power Point
6/18/2013
TO: Vail Town Council
FROM: Community Development Department
DATE: June 18, 2013
SUBJECT: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Design Review
Board’s approval, with conditions, of a design review application for minor exterior
alterations to expand storefront windows at 158 Gore Creek Drive Unit 132/Lots A, B, and
C, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. (DRB130090)
Appellant: Vail Town Council
Planner: Joe Batcheller
________________________________________________________________________________
I. SUBJECT PROPERTY
The subject property is located at 158 Gore Creek Drive Unit 132/Lots A, B, and C, Block 5C,
Vail Village Filing 1.
II. VAIL TOWN COUNCIL JURISDICTION
Pursuant to Section 12-3-3C-1, Appeal of Planning and Environmental Commission Decisions;
Authority, Vail Town Code, the Town Council shall have the authority to hear and decide appeals
from any decision, determination or interpretation by any the Design Review Board with respect
to the provisions of the Title 12, Zoning Regulations, Vail Town Code.
III. PROCEDURAL CRITERIA FOR APPEALS
Pursuant to Sections 12-3-3C-2 and 12-3-3C-3, Appeal of Design Review Board Decisions;
Initiation and Procedures, Vail Town Code, there are three basic procedural criteria for an appeal:
A) Standing of the Appellants
Pursuant to Section 12-3-3, Appeals, Vail Town Code, the appellant, the Vail Town
Council has standing as an aggrieved or adversely affected party to appeal the
Design Review Board’s May 1, 2013, decision.
B) Adequacy of the Notice of the Appeal
A copy of the Public Notice of the Vail Town Council, June 18, 2013, Public Hearing
was sent to the local newspaper on May 31, 2013, pursuant to Section 12-3-3C-3,
Procedures, Vail Town Code.
6/18/2013
C) Timeliness of the Notice of Appeal
The Administrative Section of the Town’s Zoning Code (12-3-3C-3, Procedures)
requires appeals to be filed in twenty (20) days or less. On May 21, 2013, the
appellant, Vail Town Council, filed an appeal (called-up) of the Design Review
Board’s May 1, 2013, decision in accordance with Section 12-3-3, Appeals, Vail
Town Code.
IV. SUMMARY
The question to be answered by the Vail Town Council regarding this appeal is:
Were the Vail Village Master Plan and the Vail Village Design Considerations properly
applied in the decision to allow exterior alterations to the storefront at 158 Gore Creek
Drive Unit 132?
Pursuant to Section 12-3-3, Appeals, Vail Town Code, the Vail Town Council shall uphold, uphold
with modifications, or overturn the Design Review Board’s May 1, 2013, decision.
What follows in this memorandum is the background, context, and applicable documents related
to the Design Review Board’s decision. Attachments include:
A. A vicinity map of the property in question
B. The plans approved by the Design Review Board dated May 1, 2013
C. Photo documentation of the character of Vail Village storefronts
V. BACKGROUND
On April 8, 2013, The Town of Vail’s Community Development Department received an application
to expand the storefront at 158 Gore Creek Drive Unit 132 (Gore Creek Gallery and Traveler
Books). The proposal would eliminate the 21 inch knee wall and expand all windows to grade.
On May 1, 2013, the Design Review Board unanimously approved (4-0-0, Gillette absent),
with one condition, an application to expand the storefront windows of Gore Creek Gallery and
Traveler Books. The condition was as follows:
“The applicant shall include a horizontal element 18 to 24 inches above grade to all
proposed windows to break up the vertical expanse of the window panes and meet the
intent of the Vail Village Urban Design Guide Plan. The horizontal element shall match the
color, dimensions, and material of the proposed window trim.”
The Vail Town Council (appellant) filed an appeal, pursuant to Section 12-3-3, Appeals, Vail
Town Code of the Design Review Board’s May 1, 2013, conditional approval of an application
for exterior alterations to the storefront located at 158 Gore Creek Drive Unit 132. Members of
the Vail Town Council, in conjunction with the discussion to review the Design Review Board’s
approval, highlight concerns with this particular approval and condition, and its potential for
compromising the character of Vail Village.
Town of Vail Page 2 6/18/2013
VI. NATURE OF THE APPEAL
The primary issue concerning the decision to allow exterior alterations to the storefront at 158
Gore Creek Drive Unit 132 is whether or not windows that span floor to ceiling are appropriate
for Vail Village based upon the Vail Village Urban Design Guide Plan. Staff believes storefronts
of this nature are inconsistent with the Vail Village Master Plan and the Vail Village Urban Design
Guide Plan. Abandoning the tradition of storefronts with knee walls (18 to 24 inch base walls)
will foster a new, intractable direction for the character of the Vail Village, and a departure from
governing documents. For these reasons, staff feels this particular the decision to allow exterior
alterations to the storefront at 158 Gore Creek Drive Unit 132 warrants a second look.
In the following section (VII), staff has included portions of the Vail Village Master Plan and
the Vail Village Urban Design Guide Plan that address aspects of the proposed storefront in
question. The Vail Village Master Plan and the Vail Village Urban Design Guide Plan are two
significant governing documents for Vail Village that aim to preserve the Village’s character
and prevent its degradation. Coincidentally, the Town of Vail is in the process of analyzing and
possibly updating these two documents as part of the Vail Village Character Preservation Study.
VII. APPLICABLE DOCUMENTS
VAIL VILLAGE MASTER PLAN
GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING UNIQUE
ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS SENSE OF
COMMUNITY AND IDENTITY.
Objective 1.1: Implement a consistent development review process to reinforce the
character of the Village.
Policy 1.1.1: Development and improvement projects approved in the Village shall
be consistent with the goals, objectives, policies and design considerations as
outlined in the Vail Village Master Plan and Urban Design Guide Plan.
Objective 1.4: Recognize the “historic” importance of the architecture, structures,
landmarks, plazas and features in preserving the character of Vail Village.
Policy 1.4.1: The historical importance of structures, landmarks, plazas and other
similar features shall be taken into consideration in the development review
process.
Town of Vail Page 3 6/18/2013
Town of Vail Page 4
VAIL VILLAGE DESIGN CONSIDERATIONS
INTRODUCTION
Background
These Design Considerations are an integral part of the Vail Village Urban Design Plan. The Plan
as a whole is the culmination of many month’s effort by residents, merchants, Town staff, and
consultants to develop a mechanism to manage physical change in the Village. It is an attempt
to identify aspects of the physical character of the Village and to assure as far as possible
that future changes will be consistent with the established character, and will make positive
contributions to the quality of life.
Vail was originally conceived as a mountain resort in the pattern of quaint European alpine village.
It remains fairly faithful to that image today, because of the commitment of its early founders to
that concept. However, recent rapid growth, both in size and popularity, has introduced new
pressures for development, which many feel threaten the unique qualities from which that success
has been derived. There are rapidly increasing land values and resulting pressures to expand
existing buildings, infill parcels, and even totally redevelop parcels less than 15 years old. This
pressure for growth has brought with it the potential for significant change. New materials, new
architectural styles, the premium on land usage, and sheer numbers of people and cars all have
potentially major impacts on the character and function of Vail.
That is not to imply that all growth and change in Vail is negative. There are many areas that
are underdeveloped. The actual area of Vail that gives it its unique character is but a small area
of the Village. There are definitely opportunities to extend the character of the Core beyond its
current limits.
These Design Considerations, and the Urban Design Plan as a whole, are intended to guide
growth and change in ways that will enhance and preserve the essential qualities of Vail Village.
This character, while inspired to a degree by European models, has evolved into a distinctly local
interpretation. Any standards, in the end, must be based upon Vail’s own unique characteristics,
and potential now. To preserve this character, care must be taken to avoid both new architectural
prototypes, and historical ones, local or foreign, which do not share the same design vocabulary.
These Design Considerations are a recognition that there is a distinctive design character to the
Village and that this character is important to preserve.
The design consideraTions
The characteristics identified herein, are first of all, descriptions of the primary form-giving
physical features of the Village. They are not exhaustive. They are a description of those key
elements without which the image of Vail would be noticeably different. They are divided into two
major categories:
urBan design consideraTions
General, large-scale land use planning issues, as well as form considerations which affect more
6/18/2013
Town of Vail Page 5
than one property (or even whole areas). These considerations are primarily the purview of the
Planning and Environmental Commission. This Commission also has review responsibilities for
additional zoning code compliance such as density control, parking, etc.
archiTecTure/Landscape consideraTions
Detail, details, style and overall appropriateness of a design for a given site. These considerations
are reviewed primarily by the Design Review Board (DRB).
Secondly, the design considerations are intended to serve as guideline design parameters.
They are not seen as rigid rules, or “cookbook design elements” to bring about a homogeneous
appearance in Vail. Rather, they are a statement of interpretation, subscribed to by the Town
Planning/Environmental Commission and Review Board, as to the present physical character
and objectives of the Village. They are intended to enable the Town staff and citizen review
boards to more clearly communicate to property owners planning and design objectives, and
allow property owners in town to respond in general conformance or to clearly demonstrate why
departures are warranted.
Finally, these guidelines are intended to help influence the form and design of buildings, not to
establish minimum building volumes. Often more than one criteria applies to a given situation
e.g. Building Height, Enclosure, Views and Sun/Shade - all are concerns applicable to building
height and massing - and they may be mutually conflicting if judged on equal terms. It is the role
of the review boards, together with the applicant, to determine the relative importance of each
consideration for a given situation. They then must apply those considerations to assure that a
balance is achieved between the rights of the public and private sectors.
ARCHITECTURE/LANDSCAPE
CONSIDERATIONS
Facades
Transparency
Pedestrian scale is created in many
ways, but a major factor is the openness,
attractiveness, and generally public
character of the ground floor facade of
adjacent buildings. Transparent storefronts
are “people attractors,” opaque or solid walls
are more private, imply “do not approach.”
On pedestrian-oriented streets such as in
the Village, ground floor commercial facades
are proportionately more transparent than
upper floors. Upper floors are typically more
residential, private and thus less open.
6/18/2013
Town of Vail Page 6
As a measure of transparency, the most
characteristic and successful ground floor
facades range from 55% to 70% of the total
length of the commercial facade. Upper
floors are often the converse 30%-45%
transparent.
Examples of transparency (lineal feet of
glass to lineal feet of facade) on ground level:
• Pepi’s Sports: 71%
• The Lodge: 66%
• Golden Peak House: 62%
• Covered Bridge Bldg: 58%
• Gorsuch Building: 51%
• Gasthof Gramshammer: 48%
• Casino Building: 30%
WindoWs
In addition to the general degree of
transparency, window details are an
important source of pedestrian scale-giving
elements.
The size and shape of windows are often a
response to the function of the street adjacent.
For close-up, casual pedestrian viewing
windows are typically sized to human-sized
dimensions and characteristics of human
vision. Large glass-wall storefronts
suggest uninterrupted viewing, as from
a moving car. The sense of intimate
pedestrian scale is diminished. Ground
floor display windows are typically raised
slightly 18 inches and do not extend
much over 8 feet above the walkway level.
Ground floors which are noticeably above or
below grade are exceptions.
The articulation of the window itself is still
another element in giving pedestrian scale
(human-related dimensions). Glass areas
are usually subdivided to express individual
window elements - and are further subdivided
6/18/2013
Should the Vail Town Council choose to uphold the determination of the Town of Vail Design
Review Board, the following statement is recommended:
“The Vail Town Council finds as follows:
The Vail Village Master Plan and the Vail Village Design Considerations were properly
applied in regard to the approval on May 1, 2013, of the proposed exterior alterations to
the storefront located at 158 Gore Creek Drive Unit 132/Lots A, B, and C, Block 5C, Vail
Village Filing 1. Additionally, staff shall prepare amendments to the Vail Village Design
Considerations for review and approval to more accurately reflect the desired outcome
Town of Vail Page 7
by mullions into small panes - which is
responsible for much of the old-world charm
of the Village.
Similarly, windows are most often clustered in
banks, juxtaposed with plain wall surfaces to
give a pleasing rhythm. Horizontal repetition
of single window elements, especially over
long distances, should be avoided.
Large single pane windows occur in the
Village, and provide some contrast, as long
as they are generally consistent in form with
other windows. Long continuous glass is out
of character.
Bay, bow and box windows are common
window details, which further variety and
massing to facades - and are encouraged.
Reflective glass, plastic panes, and aluminum
or other metal frames are not consistent in
the Village and should be avoided. Metal-
clad or plastic clad wood frames, having
the appearance of painted wood have been
used successfully and are acceptable.
VIII. REQUIRED ACTION
Pursuant to Section 12-3-3, Appeals, Vail
Town Code, the Vail Town Council shall
uphold, uphold with modifications, or
overturn the Design Review Board’s May 1,
2013, decision.
6/18/2013
for storefront window designs. Therefore, the Vail Town Council upholds the decision to
allow exterior alterations to the storefront at 158 Gore Creek Drive Unit 132. This decision
is final, subject only to judicial review as provided by law.”
Should the Vail Town Council choose to uphold with modifications the determination of the Town
of Vail Design Review Board, the following statement is recommended:
“The Vail Town Council finds as follows:
The Vail Village Master Plan and the Vail Village Design Considerations were not properly
applied in regard to the approval on May 1, 2013, of the proposed exterior alterations to
the storefront located at 158 Gore Creek Drive Unit 132/Lots A, B, and C, Block 5C, Vail
Village Filing 1. The Vail Town Council, however, upholds the decision to allow exterior
alterations to the storefront at 158 Gore Creek Drive Unit 132 with one modification—the
existing knee wall shall remain. This decision is final, subject only to judicial review as
provided by law.”
Should the Vail Town Council choose to overturn the determination of the Town of Vail Design
Review Board, the following statement is recommended:
“The Vail Town Council finds as follows:
The Vail Village Master Plan and the Vail Village Design Considerations were not properly
applied in regard to the approval on May 1, 2013, of the proposed exterior alterations
to the storefront located at 158 Gore Creek Drive Unit 132/Lots A, B, and C, Block 5C,
Vail Village Filing 1. Allowing storefront windows to span downward to grade would set
precedence for a new interpretation of the Vail Village Design Considerations that Town
Council feels is a deviation from the character of Vail Village, which has been established
and needs preservation. Therefore, the Vail Town Council overturns the decision to allow
exterior alterations to the storefront at 158 Gore Creek Drive Unit 132. This decision is
final, subject only to judicial review as provided by law.”
IX. ATTACHMENTS
A. A vicinity map of the property in question
B. The plans approved by the Design Review Board dated May 1, 2013
C. Photo documentation of the character of Vail Village storefronts
Town of Vail Page 8 6/18/2013
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Vail Village Storefronts
COMMUNITY DEVELOPMENT DEPARTMENT
June 18, 2013 Joe Batcheller Town Planner
Office: 1.970.479.2440
JBatcheller@vailgov.com
Attachment C
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Transparency
Ground Floor Windows
2 Town of Vail | Community Development Department | 06/18/13
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Transparency
Pedestrian Scale
3 Town of Vail | Community Development Department | 06/18/13
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Windows
Pedestrian Scale
4 Town of Vail | Community Development Department | 06/18/13
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Windows
Pedestrian Scale
5 Town of Vail | Community Development Department | 06/18/13
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Windows
Mullions
6 Town of Vail | Community Development Department | 06/18/13
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Windows
Horizontal Repetition
7 Town of Vail | Community Development Department | 06/18/13
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Windows
Clustering Windows
8 Town of Vail | Community Development Department | 06/18/13
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Windows
Continuous Glass
9 Town of Vail | Community Development Department | 06/18/13
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Lodge at Vail
Storefronts
10 Town of Vail | Community Development Department | 06/18/13
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Lodge at Vail
Storefronts
11 Town of Vail | Community Development Department | 06/18/13
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Lodge at Vail
Storefronts
12 Town of Vail | Community Development Department | 06/18/13
6/18/2013
Vail Village Storefronts
COMMUNITY DEVELOPMENT DEPARTMENT
June 18, 2013 Joe Batcheller Town Planner
Office: 1.970.479.2440
JBatcheller@vailgov.com
Attachment C
6/18/2013
Transparency
Ground Floor Windows
2 Town of Vail | Community Development Department | 06/18/13
6/18/2013
Transparency
Pedestrian Scale
3 Town of Vail | Community Development Department | 06/18/13
6/18/2013
Windows
Pedestrian Scale
4 Town of Vail | Community Development Department | 06/18/13
6/18/2013
Windows
Pedestrian Scale
5 Town of Vail | Community Development Department | 06/18/13
6/18/2013
Windows
Mullions
6 Town of Vail | Community Development Department | 06/18/13
6/18/2013
Windows
Horizontal Repetition
7 Town of Vail | Community Development Department | 06/18/13
6/18/2013
Windows
Clustering Windows
8 Town of Vail | Community Development Department | 06/18/13
6/18/2013
Windows
Continuous Glass
9 Town of Vail | Community Development Department | 06/18/13
6/18/2013
Lodge at Vail
Storefronts
10 Town of Vail | Community Development Department | 06/18/13
6/18/2013
Lodge at Vail
Storefronts
11 Town of Vail | Community Development Department | 06/18/13
6/18/2013
Lodge at Vail
Storefronts
12 Town of Vail | Community Development Department | 06/18/13
6/18/2013
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 18, 2013
ITEM/TOPIC: An update regarding recent legislation concerning the regulation of the retail
sale of recreational marijuana, which is now referred to as "adult use marijuana." House Bill
13-1317 ("HB 1317") sets forth the licensing structure, House Bill 13-1318 ("HB 1318")
addresses taxation and Senate Bill 13-283 ("SB 283") addresses miscellaneous provisions in
the Colorado Revised Statutes concerning marijuana use.
PRESENTER(S): Matt Mire
ACTION REQUESTED OF COUNCIL: Discuss and provide direction.
BACKGROUND: By October 1, 2013, all local jurisdictions are required to either prohibit
retail marijuana sales or adopt an ordinance identifying the entity within the Town that will be
responsible for processing applications. (SEE ATTACHED MEMORANDUM).
ATTACHMENTS:
Marijuana Legislation Update Memorandum
6/18/2013
To: Town Council
From: Matt Mire
Date: June 18, 2013
Subject: Retail Sale of Recreational Marijuana Legislation Update
This memorandum serves as an update regarding recent legislation concerning
the regulation of the retail sale of recreational marijuana, which is now referred to as
"adult use marijuana." House Bill 13-1317 ("HB 1317") sets forth the licensing structure,
House Bill 13-1318 ("HB 1318") addresses taxation and Senate Bill 13-283 ("SB 283")
addresses miscellaneous provisions in the Colorado Revised Statutes concerning
marijuana use.
By October 1, 2013, all local jurisdictions are required to either prohibit retail
marijuana sales or adopt an ordinance identifying the entity within the Town that will be
responsible for processing applications. If the DOR fails to adopt regulations by July 1,
2013 or fails to process and issue licenses as dictated in HB 1317, applicants are
entitled to apply directly to the Town for licensure unless the Town has adopted an
ordinance prohibiting the retail sale of marijuana.
I. House Bill 1317
A. Applications for Retail Marijuana Establishments
HB 1317 sets forth a staggered application timeline for Retail Marijuana
Establishments ("RMEs"). Beginning October 1, 2013, any person who is operating or
holds, in good standing, a licensed medical marijuana center, optional premises
cultivation license or a licensed marijuana-infused products business, has a pending
application for one of these licenses, may apply for an RME license. C.R.S. § 12-43.3-
104(1)(a)(I). Applications for RMEs can either replace the applicant's current medical
marijuana license or be in addition to the medical marijuana license. C.R.S. § 12-43.3-
104(1)(a)(II). Importantly, under no circumstances will any RME license be issued or
effective until January 1, 2014. C.R.S. § 12-43.3-104(1)(a)(VI).
An applicant that currently holds a medical marijuana license must indicate
whether it will surrender the current medical marijuana license or retain the license in
addition to the RME license. C.R.S. § 12-43.3-104(1)(a)(II). If the applicant intends to
surrender the medical marijuana license, the applicant may continue to operate under
the medical marijuana license for the duration of the license's effectiveness or until the
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Town of Vail Page 2
RME license is granted, in which case the applicant has 14 days to surrender the
medical marijuana license. C.R.S. § 12-43.3-104(1)(a)(III). If the RME license is
granted and the applicant is surrenders a medical marijuana license, all medical
marijuana plants and inventory shall become adult-use marijuana plants and inventory
on the date that the RME license is approved. Id.
If the applicant intends to maintain both the medical marijuana and RME
licenses, the applicant may seek to have both establishments at the same location if the
local jurisdiction so allows. C.R.S. § 12-43.3-104(1)(a)(IV). Notwithstanding the
foregoing, an applicant that intends to maintain both licenses must maintain physical
separation between the two businesses or only sell medical marijuana to persons 21
years of age or older. C.R.S. § 12-43.3-104(1)(a)(V).
After January 1, 2014, persons who did not previously have a medical marijuana
license may submit their notice of intent to apply for a RME license pursuant to Article
43.3 of Title 12 of the Colorado Revised Statutes. C.R.S. § 12-43.3-104(1)(b)(I)(A). The
State Licensing Authority, which is designated by HB 1317 as the Colorado Department
of Revenue ("DOR"), must establish a form for the notice and establish an application
fee. Id.
Effective July 1, 2014, applications for RME licensure open to all. C.R.S. § 12-
43.3-104(1)(b)(II). A license issued pursuant to an application received after July 1,
2014 will not be effective until after October 1, 2014. Applicants who file a notice of
intent to apply for RME licensure after January 1, 2014 but before July 1, 2014, are
given priority over those applicants that file after July 1, 2014. C.R.S. § 12-43.3-
104(2)(b)(II)(a). Upon receipt of an RME application, the DOR must act upon the
application no sooner than 45 days and no later than 90 days after the date of the
application. C.R.S. § 12-43.3-104(2)(b)(I).
Applications for RME licenses shall be $500 if the applicant currently holds a
medical marijuana business license or $5,000 for applicants that do not currently hold
medical marijuana business licenses. C.R.S. § 12-43.4-501. In either case, one half of
the application fee is transferred to the local jurisdiction where the retail operation is
proposed, provided the local jurisdiction has not prohibited the retail sale of marijuana.
Id. The other half of the application fee must be transferred to the marijuana cash fund.
Id. Local governments may adopt and impose operating fees in an amount determined
by their governing bodies for RMEs located within their jurisdictions. C.R.S. § 12-43.4-
501(3).
B. Types of Licenses
House Bill 1317 creates the following classes of RME licenses: retail marijuana
store licenses; retail marijuana cultivation facility licenses; retail marijuana products
manufacturing licenses; and retail marijuana testing facility licenses. Each class of
license is discussed below.
Retail Marijuana Store License
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Town of Vail Page 3
A retail marijuana store license is issued to persons selling marijuana or
marijuana products at retail.1 C.R.S. § 12-43.3-402(1)(a). On or before September 30,
2014, retail marijuana stores may only sell marijuana grown in their own licensed
cultivation facilities. C.R.S. § 12-43.3-402(1)(c). After September 30, 2014, a store
may purchase inventory from a separate licensed retail marijuana cultivation facility.
C.R.S. § 12-43.3-402(1)(b).
After September 30, 2014, a retail marijuana store may purchase not more than
30% of its on-hand inventory of marijuana from another licensed RME (such as another
retail marijuana store) that is not owned by the retail marijuana store. C.R.S. § 12-43.3-
402(1)(c)(II). Similarly, no retail marijuana store or other cultivation facility may sell
more than 30% of its total on-hand inventory to another Colorado licensed RME. Id.
However, the DOR may grant a temporary waiver if the applicant suffers a catastrophic
event for a period not to exceed 90 days. Id.
A retail marijuana store cannot accept any marijuana from a retail marijuana
cultivation facility unless provided with evidence that all applicable excise taxes have
been paid. C.R.S. § 12-43.3-402(1)(d). Further, stores are responsible for tracking all
marijuana and products from the point of transfer to the store to the point of sale.
C.R.S. § 12-43.3-402(1)(e).
Prior to initiating a sale, an employee must verify that the purchaser has valid
identification showing that he or she is 21 years of age or older. C.R.S. § 12-43.3-
402(3)(b). A store may not sell more than a ¼ ounce of marijuana and no more than ¼
ounce equivalent of marijuana products during a single transaction to a person who
does not have a valid identification showing that the person is a Colorado resident.
C.R.S. § 12-43.3-402(3)(a).
Retail marijuana stores may only sell marijuana, marijuana products, marijuana
accessories, non-consumable products such as apparel, and marijuana related
products such as childproof packaging containers. C.R.S. § 12-43.3-402(7)(a). Stores
may not sell or give away any consumable product, including cigarettes or alcohol, or
edible products that do not contain marijuana, such as sodas, candies or baked goods.
Id. Stores may not sell any marijuana or marijuana products that contain nicotine or
alcohol if the sale of the alcohol would require liquor licensure pursuant to Colorado law.
C.R.S. § 12-43.3-402(7)(b).
Retail marijuana stores may not sell retail marijuana or products over the internet
or deliver such products to a person not physically present. C.R.S. § 12-43.3-402(7)(c).
Stores may use automatic dispensing machines. C.R.S. § 12-43.3-402(8). No
marijuana may be consumed on the premises. C.R.S. § 12-43.3-402(9).
Retail Marijuana Cultivation Facility License
1 Retail marijuana products are defined as "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." See C.R.S. § 12-43.4-1.3(18); Colo. Const. art.
XVIII § 16(2)(k).
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Town of Vail Page 4
Retail marijuana cultivation facility licenses may be issued to persons who
cultivate marijuana for sale and distribution to licensed retail marijuana stores, retail
marijuana products manufacturing licensees or other retail marijuana cultivation
facilities. C.R.S. § 12-43.3-403(1). On or before September 30, 2014, a cultivation
license may be issued only to persons who hold retail marijuana store licenses or retail
marijuana products manufacturing licenses. C.R.S. § 12-43.3-403(2)(a). Similarly, prior
to September 30, 2014, a cultivation licensee may only transfer marijuana to its
affiliated retail marijuana store or retail marijuana products manufacturer, or another
affiliated cultivation facility. C.R.S. § 12-43.3-403(2)(b). Under no circumstances may a
cultivation facility sell more than 30% of the marijuana it cultivates to another cultivation
facility or to a retail marijuana store or products manufacturer not owned by the owner
of the cultivation facility. C.R.S. § 12-43.3-403(2)(c).2
Cultivation licenses may be combined in a common area to grow and cultivate
marijuana to provide marijuana to more than one licensed retail marijuana store or
products manufacturer, if the holder of the cultivation license is also a common owner of
each licensed retail marijuana store or licensed retail marijuana products manufacturer
to which the marijuana is provided. C.R.S. § 12-43.3-403(2)(d).
Cultivation facilities must remit excise tax under C.R.S. § 39-28-101, et seq.
C.R.S. § 12-43.3-403(3). Prior to the delivery of any sold marijuana, the cultivation
facility must provide evidence that it paid the applicable excise tax. C.R.S. § 12-43.3-
403(4). A cultivation facility must track the marijuana it cultivates from seed or
immature plant to wholesale purchase. Id. No marijuana may be consumed on the
premises. C.R.S. § 12-43.3-403(6).
Retail Marijuana Products Manufacturing License
A retail marijuana products manufacturing license may be issued to persons who
manufacture concentrated marijuana products and marijuana products that are
comprised of marijuana and other ingredients and are intended for consumption.
C.R.S. § 12-43.4-404(1)(a). A products manufacturing licensee may cultivate its own
marijuana if it obtains a cultivation license, or it may purchase marijuana from a
cultivation facility. C.R.S. § 12-43.4-404(1)(b). However, before October 1, 2014, a
products manufacturer that also has a cultivation license may not sell any of the
marijuana that it cultivates except for the marijuana that is contained in its marijuana
products. C.R.S. § 12-43.4-404(1)(c)(I).
Retail marijuana products manufacturing licensees must track all marijuana from
the point it is transferred or delivered from a cultivation facility to the point of transfer to
a retail marijuana store. C.R.S. § 12-43.4-404(1)(b). Further, the products
manufacturer may not accept any marijuana from any cultivation facility until evidence
that any applicable excise tax has been paid by the cultivation facility. C.R.S. § 12-
43.4-404(1)(d).
2 The requirements of C.R.S. § 12-24.4-403(2) are repealed effective January 1, 2015. It
appears that the General Assembly has attempted to limit cultivation facility sales during the
initial startup of RMEs to ensure that the supply of marijuana does not exceed the demand
required by retail marijuana stores.
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Town of Vail Page 5
Marijuana products must be prepared at a licensed premises that is used
exclusively for the manufacture and preparation of marijuana or marijuana products and
using equipment that is used exclusively for the manufacture and preparation of
marijuana products. C.R.S. § 12-43.4-404(2). An exception to this rule exists if the
local jurisdiction allows retail marijuana products manufacturing licensees to share the
same premises as a medical marijuana-infused products manufacturing licensee, so
long as a virtual or physical separation of inventory is maintained. Id.
Products manufacturing licensees may not add marijuana to any food products
that hold trademarks, unless the products manufacturer does not state or advertise to
the consumer that the final marijuana product contains the trademarked food product.
C.R.S. § 12-43.4-404(1)(e)(I). Products manufacturing licensees may not intentionally
or knowingly label or package marijuana products in a manner that would cause a
reasonable consumer confusion as to whether the product was a trademarked food
product or in a manner that violates any federal trademark law. C.R.S. § 12-43.4-
404(1)(e)(II)-(III). An edible marijuana product may, but is not required to, list
ingredients and compatibility with dietary practices. C.R.S. § 12-43.4-404(7). Finally,
marijuana may not be consumed on the premises. C.R.S. § 12-43.4-404(5).
Retail Marijuana Testing Facility License
Retail marijuana testing facility licenses may be issued to a person who performs
testing and research on marijuana. C.R.S. § 12-43.3-405(1). The scope of this license
will be largely determined when the DOR issues regulations concerning the testing of
marijuana.
Dual Operations
A person may operate a licensed medical marijuana center, an optional
cultivation facility, a medical marijuana-infused products manufacturing facility and any
RME at the same location if the local jurisdiction permits a dual operation. C.R.S. § 12-
43.4-401(2)(a). If permitted by the local jurisdiction, dual medical marijuana and retail
marijuana stores must maintain separate licensed premises, including entrances and
exits, inventory, point of sale operations and record keeping.3 C.R.S. § 12-43.4-
401(2)(b)(I).
C. State and Local Licensing Procedures
HB 1317 reiterates that any local jurisdiction may regulate the time, place,
manner and number of RMEs, and may require a local license. C.R.S. § 12-43.4-
104(3). The local regulations must be at least as restrictive as HB 1317 and associated
DOR regulations. C.R.S. § 12-43.4-309(1). Further, local jurisdictions may prohibit the
operation of RMEs. Id.; C.R.S. § 12-43.4-104(3).
3 The DOR has been directed to promulgate regulations to address the situation where a dual
medical and retail storefront sells only to persons 21 years of age or older. C.R.S. § 12-43.3-
401(2)(b)(II). Specifically, the DOR is to determine whether to allow single entrances and exits and virtual
separation of the two facilities. Id.
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Town of Vail Page 6
The DOR has seven days after receipt of an RME application to provide a copy
of the application to the local jurisdiction, unless the local jurisdiction has prohibited the
operation of RMEs. C.R.S. § 12-43.4-301(1). The local government must then notify
the state whether the application complies with the jurisdiction's time, place, manner
and number of marijuana businesses regulations. Id.
A local government may also impose a separate licensing requirement. Id. If the
Town has a separate licensing requirement, the Town may schedule a public hearing
on the application. C.R.S. § 12-43.4-302(1). Public notice of the hearing must be
posted in a conspicuous place on the property and published in a newspaper of general
circulation in the county where the premises are located not less than 10 days prior to
the hearing. Id. Importantly, even if a local jurisdiction opts not to impose a separate
licensing structure, the local jurisdiction may require public notice of the state
application to be posted and published. C.R.S. § 12-43.4-301(2).
Before the DOR issues a state license, the applicant must file with the DOR
evidence of a corporate surety bond in the amount of $5,000. C.R.S. § 12-43.4-303(1).
The bond must be conditioned on the applicant timely paying all sales and use taxes
due to the state. Id. This bond must be renewed each time the applicant's license is
renewed. C.R.S. § 12-43.4-301(3).
A license applicant is prohibited from operating a RME without state and local
approval, assuming the local government has opted to regulate. C.R.S. § 12-43.4-
304(1). If the applicant does not receive local jurisdiction approval within one (1) year
from the date of the DOR's approval, the state license shall expire and may not be
renewed. Id.
The DOR may refuse or deny a license application, reinstatement or renewal for
"good cause." C.R.S. § 12-43.4-305(1). "Good cause" means the licensee or applicant
has violated, does not meet, or has failed to comply with any of the requirements of HB
1317; any special terms or conditions that were placed on a license pursuant to an
order of the DOR or local licensing authority; or the licensed premises have been
operated in a manner that adversely affects the public health or safety of the immediate
neighborhood in which the establishment is located. Id. If the DOR denies a license,
the applicant is entitled to a hearing on such denial pursuant to C.R.S. § 24-4-106.
C.R.S. § 12-43.4-305(2). The denial must be in writing and provide notice of the
grounds for the denial at least 15 days prior to the applicant's hearing date.
D. General Licensing Requirements
An applicant must notify the state licensing authority in writing of the name,
address and date of birth of the owner, officer or manager before the new owner, officer
or manager begins associating with the RME. C.R.S. § 12-43.4-309(3). Each owner,
officer, manager or employee of an RME must pass a fingerprint-based criminal history
record check and obtain a identification card before being associated with the RME
operation. Id.
The following persons are prohibited from being licensees:
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Town of Vail Page 7
1. Anyone not of good moral character (considering the factors in
C.R.S. § 24-5-101);
2. Anyone with a history of its officers, directors, stockholders or
owners who are not of good moral character;
3. Anyone financed in whole or in part by any other person whose
criminal history reflects that he or she is not of good moral character and
reputation satisfactory to the licensing authority;
4. Anyone under 21 years of age;
5. Anyone who fails to comply with any of the bonding or fee
requirements of HB 1317;
6. Anyone who has discharged a sentence for conviction of a felony in
the 5 years immediately preceding the application;
7. Anyone who has discharged a sentence for a conviction of a felony
pursuant to any state or federal law regarding the possession, distribution,
manufacturing, cultivation, or use of a controlled substance in the 10 years
immediately preceding the application or five years from the effective date of HB
1317, whichever is longer, unless the felony conviction is based on a charge of
possession or use of marijuana or marijuana concentrate that would not be a
felony if the person were convicted of the offense on the date of the application;
8. Anyone who employs another person at a retail marijuana
establishment who has not submitted fingerprints for a criminal history record
check or whose criminal record history check reveals that the person is ineligible;
9. A sheriff, deputy sheriff, police officer, prosecuting attorney, or an
officer or employee of the state licensing authority or a local licensing authority;
10. Anyone who seeks a license for a location that is currently licensed
as a retail food establishment or wholesale food registrant; or
11. An owner who has not been a resident of Colorado for at least two
years from the date of the application.
C.R.S. § 12-43.3-306. When investigating and considering an applicant's criminal
history, the state and/or local licensing authority must also consider information
provided by the applicant such as evidence of rehabilitation, character references and
educational achievements; particularly those items pertaining to the time between the
applicant's last criminal conviction and the consideration of the application. C.R.S. §
12-43.3-306(2)(a).
An application for a state RME license may not be approved if the application
concerns a location that is the same or within 1,000 feet of a location for which, within
the two years immediately preceding the date of the application, the DOR denied an
application for the same class of license due to the nature of the use or other concern
related to location. C.R.S. § 12-43.3-307(1)(a). Similarly, an applicant must establish
that it has or will have possession of the premises by ownership or under a lease or
other arrangement. C.R.S. § 12-43.3-307(1)(b).
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Town of Vail Page 8
A licensee must personally manage the premises or employ a manager, and the
licensee must report the name of the manager to the state and local authorities. A
licensee must report any change in manager to the state and local licensing authorities
within seven days. C.R.S. § 12-43.4-309(11). All officers, managers and employees of
an RME must be residents of Colorado upon the date of their license application.
C.R.S. § 12-43.4-309(5). An RME owner must have been a resident of Colorado for at
least two years prior to the date of the application. Id. RME licenses may be
transferred only upon approval of the DOR and local licensing authority. C.R.S. § 12-
43.4-308(2). The local licensing authority may hold a new public hearing and the
guidelines for initial licensure are applicable to the proposed transferee. Id.
A licensee must possess and maintain possession of the premises for which the
license is issued by ownership, lease, rental or other arrangement for possession at all
times during the term of a license. C.R.S. § 12-43.4-309(7). A licensee may move a
RME's permanent location to another place in Colorado if the state and local licensing
authorities authorize the move. C.R.S. § 12-43.4-309(12). The license must be
conspicuously placed in the licensed premises at all times. C.R.S. § 12-43.4-309(8). It
is unlawful for any person to distribute marijuana or marijuana products using a mobile
distribution center. C.R.S. § 12-43.4-901(4)(h).
The DOR requires a complete disclosure of all persons having a direct or indirect
financial interest in each RME license. C.R.S. § 12-43.4-312(1). A licensee must report
all transfers or changes of financial interest to the state and local licensing authorities
and receive prior approval. C.R.S. § 12-43.4-309(10). Reports must be filed with the
licensing authorities prior to any transfers of capital stock of any corporation, regardless
of its size. Id.
E. License Renewals
At least 90 days prior to the expiration of an existing license, the DOR will notify
the licensee of the expiration by first class mail. C.R.S. § 12-43.4-310(1). The licensee
may apply for renewal at least 30 days prior to the expiration date. Id. Upon receipt of
a renewal application, the DOR must submit a copy of the application to the local
licensing authority to determine whether the application complies with all local licensing
requirements. Id.
Notwithstanding the foregoing, the DOR may extend the expiration date of a
license and accept a late application for renewal if the applicant has filed a timely
renewal application with the local licensing authority. Id. Further, either the DOR or the
local licensing authority may at their discretion, waive the 30-day renewal time
requirement if reasonable grounds are stated. Id.
A licensee whose license has been expired for not more than 90 days may file a
late renewal application upon the payment of a non-refundable late application fee of
$500 to the DOR. C.R.S. § 12-43.4-310(2). A late renewal applicant may continue to
operate the RME until the DOR has taken final action to approve or deny the late
renewal application, unless the DOR summarily suspends the license. Id. Finally, the
DOR may, in its discretion revoke or elect not to renew a license if it determines that the
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Town of Vail Page 9
licensed premises have been inactive, without good cause, for at least one year.
C.R.S. § 12-43.4-311.
F. Powers and Duties of the State Licensing Authority
The DOR has been granted a number of powers and duties under HB 1317. The
primary responsibility of the DOR is to grant or refuse state licenses for the cultivation,
manufacture, distribution, sale and testing of marijuana and marijuana products. C.R.S.
§ 12-43.4-202(2)(a). The DOR is further authorized to suspend, fine, restrict or revoke
state licenses or issue fines for violations of the statute, after investigation and
opportunity for a public hearing. Id.; see generally C.R.S. § 12-43.4-601(1).
The DOR must maintain a seed-to-sale tracking system that tracks marijuana
from either seed or immature plant stage until the marijuana or marijuana product is
sold to a customer at a retail marijuana store. C.R.S. § 12-43.4-202(1). HB 1317 does
not specify how the seed-to-sale tracking system should function. See C.R.S. § 12-
43.4-202(2)(b).
In addition to the seed-to-sale tracking system, the DOR is charged with
promulgating regulations on the following:
1. Procedures for the issuance, renewal, suspension and revocation
of licenses to operate RMEs;
2. A schedule of application, licensing and renewal fees;
3. Qualifications for licensure, including a fingerprint-based criminal
record check for all owners, officers, managers, contractors, employees and
other support staff;
4. Establishing a marijuana and marijuana products independent
testing and certification program to ensure, at a minimum, that products sold for
human consumption do not contain contaminants that are injurious to the health,
to ensure correct labeling and verify THC potency;
5. Security requirements including lighting, physical security, video
and alarm requirements;
6. Requirements to prevent the sale or diversion of marijuana and
products to persons under the age of 21;
7. Labeling requirements for marijuana and products;
8. Health and safety regulations and standards for the manufacture of
marijuana products and the cultivation of marijuana;
9. Limitations on the display of marijuana and marijuana products;
10. Regulation of the storage of, warehouses for, and transportation of
marijuana and products;
11. Sanitary requirements;
12. Recordkeeping requirements;
6/18/2013
Town of Vail Page 10
13. Reporting and transmittal requirements for monthly sales and
excise tax payments;
14. Enforcement and penalties for regulatory violations;
15. Rules on inspections, investigations, searches, seizures, and
forfeitures;
16. Development of identification cards for owners, officers, managers
contractors, employees and other support staff of licensed entities; and
17. Signage, marketing and advertising regulations;
C.R.S. § 12-43.4-202(3).
The DOR must also create a statewide licensure class system for cultivation
facilities. The classifications are to be based upon square footage of the facility; lights,
lumens or wattage; lit canopy; the number of cultivating plants; and other reasonable
metrics. C.R.S. § 12-43.4-202(4)(a). The DOR may establish limitations upon
marijuana production based on the class of cultivation facilities, the previous months'
sales, pending sales or other reasonable metrics. C.R.S. § 12-43.4-202(4)(b). When
limiting marijuana production, the DOR must consider the total current and anticipated
demand for adult-use marijuana in Colorado and attempt to minimize the market for
unlawful marijuana. C.R.S. § 12-43.4-202(4)(b)(II).
G. Disposition of Unauthorized Marijuana, Products and Related
Materials
A state or local agency is not required to cultivate or care for any retail marijuana
or retail marijuana product seized from a licensee. C.R.S. § 12-43.4-602(3). In issuing
a final agency decision concerning a disciplinary action, the DOR may specify that
some or all of the licensee's marijuana or marijuana products are not "retail" product
and therefore an illegal controlled substance. C.R.S. § 12-43.4-602(4). The order may
further specify that the licensee has lost any interest in the marijuana or marijuana
product. Id. Finally, the DOR may order the destruction of any marijuana or marijuana
products, including any containers, equipment, supplies and other property incidental to
the illegal contraband. Id. A licensee has 15 days from an order for destruction of
property to file a petition to stay the agency action. C.R.S. § 12-43.4-602(5).
H. Inspection of Books and Records
Each RME licensee must keep a complete set of all records necessary to fully
show the business transactions of the licensee. C.R.S. § 12-43.4-701(1). These
records must be open at all times during business hours for inspection by the DOR. Id.
The licensed premises, including storage areas where marijuana or marijuana products
are stored, cultivated, sold, dispensed, or tested are also subject to inspection by the
state or local jurisdiction during all business hours and other times of apparent activity.
C.R.S. § 12-43.4-701(2). Licensees must maintain records for the current tax year and
the 3 immediately preceding tax years. C.R.S. § 12-43.4-701(3).
6/18/2013
Town of Vail Page 11
I. Effectiveness and Sunset Review
HB 1317 is now effective, but sunsets on July 1, 2016. Prior to the repeal of the
measure, the Department of Regulatory Agencies is to conduct a sunset review to
evaluate the continued existence of the program and determine its effectiveness.
C.R.S. § 12-43.4-1001.
II. House Bill 13-1318
HB 1318 imposes a sales and excise tax on the sale of adult-use marijuana,
subject to statewide voter approval on November 5, 2013. C.R.S. § 39-28.8-401. HB
1318 also provides guidelines for the retention of books and records to document the
payment of these taxes. C.R.S. § 39-28.8-303. For example, retail marijuana stores
must keep business records showing that all marijuana is received from retail marijuana
cultivation facilities. C.R.S. § 39-28.8-303(4).
A. Special Sales Tax
Beginning January 1, 2014, the bill imposes a tax of 10% on the sale of
marijuana or marijuana products to a consumer by a retail marijuana store. C.R.S. §
39-28.8-202(1)(a). This 10% sales tax is in addition to the 2.9% state sales tax and any
applicable local government sales tax. While the General Assembly approved an initial
10% special sales tax in HB 1318, the November ballot approval would authorize up to
a 15% sales tax so that the special marijuana sales tax rate can be increased by the
legislature in the future without further ballot approval. See C.R.S. § 39-28.8-202(2)(b).
Each fiscal year, 15% of the gross marijuana sales tax revenues collected by the
DOR will be apportioned to local governments that have retail marijuana stores within
their jurisdictions. See C.R.S. § 39-28.8-203(1)(a)(I). Therefore, a municipality will be
apportioned a percentage of the gross revenues on a pro rata basis. Id. By way of
example, if the Town represented 10% of the total adult-use marijuana sales tax
revenue collected by the DOR, the Town would receive 10% of the 15% local
government portion of the gross sales tax revenue. Id. Notably, counties will receive
the "local" portion of sales tax revenue when retail marijuana stores are located in
unincorporated areas. Id. Distribution of the local government portion of the sales tax
will be paid monthly, no later than the 15th. C.R.S. § 39-28.8-203(1)(a)(III). Importantly,
the special sales tax does not prevent local governments from imposing, levying and
collecting any other fee or tax upon the retail sale of marijuana or marijuana products or
upon the occupation or privilege of selling marijuana products. See C.R.S. § 39-28.8-
203(1)(a)(VI). However, any such additional local sales tax must be self-collected by
the local government. Id.
B. Excise Tax
Beginning January 1, 2014, a 15% excise tax will be imposed on the first sale or
transfer of unprocessed marijuana by a cultivation facility. C.R.S. § 39-28.8-302(1)(a).
The excise tax is in addition to the sales tax imposed by C.R.S. § 39-28.8-203. Id. The
excise tax will be imposed when the cultivation facility first sells or transfers the
6/18/2013
Town of Vail Page 12
marijuana to a retail marijuana product manufacturing facility, a retail marijuana store or
another retail marijuana cultivation facility. Id. The excise tax is not imposed on the
sale or transfer of unprocessed marijuana by a cultivation facility to medical marijuana
centers. C.R.S. § 39-28.8-302(2).
III. Senate Bill 13-283
SB 283 addresses miscellaneous issues relating to marijuana sales and
cultivation. Most importantly, SB 283 prohibits a person from knowingly using or
consuming marijuana or possessing an open container while in the passenger area of a
motor vehicle that is on a public highway or right-of-way. C.R.S. § 42-4-1305.5(2)(a).
An "open marijuana container" is defined as a receptacle or marijuana accessory that
contains any amount of marijuana and that is: (1) open or has a broken seal; (2) the
contents of which are partially removed; or (3) there is evidence that marijuana has
been consumed within the vehicle. C.R.S. § 42-4-1305.5(1)(c). The open container law
does not apply to back seat passengers when: (1) the vehicle is designed, maintained
or used primarily for the transportation of persons for compensation; (2) the back seat
passenger is in the living quarters of a house coach, house trailer, motor home or trailer
coach; (3) the possession is in the area behind the last upright seat of a vehicle not
equipped with a trunk; or (4) the possession is in an area not normally occupied by the
driver or a passenger in a vehicle that is not equipped with a trunk. C.R.S. § 42-4-
1305.5(2)(b). Notably, SB 283 recognizes that home rule municipalities may adopt
ordinances on open containers that are no less restrictive than state law. C.R.S. § 42-
4-1305.5(3).
SB 283 also provides that:
1. Local governments may prohibit the use of flammable gases in
home marijuana cultivation. C.R.S. § 9-7-113.
2. Contracts pertaining to lawful activities authorized under
Amendment 64, Article 43.4 of Title 12, C.R.S., and all associated regulations are
not void or voidable as against public policy. C.R.S. § 13-22-601.
3. Marijuana accessories are excluded from the definition of "drug
paraphernalia." C.R.S. § 18-18-426(2).
4. Marijuana smoke is included within the Colorado Clean Indoor Air
Act prohibition on smoking in public places. C.R.S. § 25-14-203(16).
5. Expenditures on marijuana that would otherwise be eligible for
federal income tax deductions are not eligible, because marijuana is a controlled
substance under federal law. See C.R.S. §§ 39-22-104; 39-22-304.
6. The medical marijuana license cash fund is converted to the
"Marijuana Cash Fund," and directing all license fees and taxes relating not
distributed to local governments to be deposited into such fund. C.R.S. § 12-
43.3-501.
6/18/2013
Town of Vail Page 13
6/18/2013
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 18, 2013
ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town
of Vail Planning and Environmental Commission's approval, with conditions, of a development
review application for the review of a variance from Section 12-7B-15, Site Coverage, Vail
Town Code, pursuant to Chapter 12-17 Variances, Vail Town Code, to allow for the review of a
major exterior alteration or modification, pursuant to Section 12-7B-7, Exterior Alterations and
Modification, Vail Town Code, to allow for the construction of additions, located at 225 Wall
Street/Lot B, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto.
PRESENTER(S): Warren Campbell
ACTION REQUESTED OF COUNCIL: The Vail Town Council is asked to table this item to
the July 2, 2013, public hearing, without discussion.
6/18/2013
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 18, 2013
ITEM/TOPIC: Adjournment (8:40 p.m.)
6/18/2013
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From: Pam Brandmeyer
Sent: Tuesday,June 18, 2013 11:11 AM
To: George Ruther; Matt Mire
Cc: Meryl Jacobs
Subject: FW: proposed storefront
Collective council e-mail. . .
From: brad maxwell [mailto:bamaxwell@)Iive.comj M
Sent:Tuesday, June 18, 2013 10:30 AM
To: Council Dist List; dominic(&mpgvail.com
Subject: proposed storefront
Dear Town Council Members:
I am writing to offer my support of the application made by John Keck to improve the store front of the Gore
Creek Gallery space in the Lodge at Vail building. We are under contract to purchase this retail space from
John in July and we believe the updated store front is beneficial to this retail location and enhances the
appearance and potential success of the location for retail. The need for storefront visibility,transparency,
and openness is key to the success of any retail use in this location.
We plan to open our Rocky Mountain Chocolate Factory store in this location and believe our store will add to
the vitality of this end of the Vail Village.
We appreciate your support.
Brad Maxwell
970-376-3147
1
TOWN OF V�I�L
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 18, 2013
ITEM/TOPIC: An update regarding recent legislation concerning the regulation of the retail
sale of recreational marijuana, which is now referred to as "adult use marijuana." House Bill
13-1317 ("HB 1317") sets forth the licensing structure, House Bill 13-1318 ("HB 1318")
addresses taxation and Senate Bill 13-283 ("SB 283') addresses miscellaneous provisions in
the Colorado Revised Statutes concerning marijuana use.
PRESENTER(S): Matt Mire
ACTION REQUESTED OF COUNCIL: Discuss and provide direction.
BACKGROUND: By October 1, 2013, all local jurisdictions are required to either prohibit
retail marijuana sales or adopt an ordinance identifying the entity within the Town that will be
responsible for processing applications. (SEE ATTACHED MEMORANDUM).
ATTACHMENTS:
Marijuana Legislation Update Memorandum
6/18/2013
0
TOWN OF VAIL )
Memorandum
To: Town Council
From: Matt Mire
Date: June 18, 2013
Subject: Retail Sale of Recreational Marijuana Legislation Update
This memorandum serves as an update regarding recent legislation concerning
the regulation of the retail sale of recreational marijuana, which is now referred to as
"adult use marijuana." House Bill 13-1317 ("HB 1317") sets forth the licensing structure,
House Bill 13-1318 ("HB 1318") addresses taxation and Senate Bill 13-283 ("SB 283")
addresses miscellaneous provisions in the Colorado Revised Statutes concerning
marijuana use.
By October 1, 2013, all local jurisdictions are required to either prohibit retail
marijuana sales or adopt an ordinance identifying the entity within the Town that will be
responsible for processing applications. If the DOR fails to adopt regulations by July 1,
2013 or fails to process and issue licenses as dictated in HB 1317, applicants are
entitled to apply directly to the Town for licensure unless the Town has adopted an
ordinance prohibiting the retail sale of marijuana.
I. House Bill 1317
A. Applications for Retail Marijuana Establishments
HB 1317 sets forth a staggered application timeline for Retail Marijuana
Establishments ("RMEs"). Beginning October 1, 2013, any person who is operating or
holds, in good standing, a licensed medical marijuana center, optional premises
cultivation license or a licensed marijuana-infused products business, has a pending
application for one of these licenses, may apply for an RME license. C.R.S. § 12-43.3-
104(1)(a)(1). Applications for RMEs can either replace the applicant's current medical
marijuana license or be in addition to the medical marijuana license. C.R.S. § 12-43.3-
104(1)(a)(11). Importantly, under no circumstances will any RME license be issued or
effective until January 1, 2014. C.R.S. § 12-43.3-104(1)(a)(VI).
An applicant that currently holds a medical marijuana license must indicate
whether it will surrender the current medical marijuana license or retain the license in
addition to the RME license. C.R.S. § 12-43.3-104(1)(a)(11). If the applicant intends to
surrender the medical marijuana license, the applicant may continue to operate under
the medical marijuana license for the duration of the license's effectiveness or until the
6/18/2013
RME license is granted, in which case the applicant has 14 days to surrender the
medical marijuana license. C.R.S. § 12-43.3-104(1)(a)(111). If the RME license is
granted and the applicant is surrenders a medical marijuana license, all medical
marijuana plants and inventory shall become adult-use marijuana plants and inventory
on the date that the RME license is approved. Id.
If the applicant intends to maintain both the medical marijuana and RME
licenses, the applicant may seek to have both establishments at the same location if the
local jurisdiction so allows. C.R.S. § 12-43.3-104(1)(a)(IV). Notwithstanding the
foregoing, an applicant that intends to maintain both licenses must maintain physical
separation between the two businesses or only sell medical marijuana to persons 21
years of age or older. C.R.S. § 12-43.3-104(1)(a)(V).
After January 1, 2014, persons who did not previously have a medical marijuana
license may submit their notice of intent to apply for a RME license pursuant to Article
43.3 of Title 12 of the Colorado Revised Statutes. C.R.S. § 12-43.3-104(1)(b)(1)(A). The
State Licensing Authority, which is designated by HB 1317 as the Colorado Department
of Revenue ("DOR"), must establish a form for the notice and establish an application
fee. Id.
Effective July 1, 2014, applications for RME Iicensure open to all. C.R.S. § 12-
43.3-104(1)(b)(11). A license issued pursuant to an application received after July 1,
2014 will not be effective until after October 1, 2014. Applicants who file a notice of
intent to apply for RME Iicensure after January 1, 2014 but before July 1, 2014, are
given priority over those applicants that file after July 1, 2014. C.R.S. § 12-43.3-
104(2)(b)(11)(a). Upon receipt of an RME application, the DOR must act upon the
application no sooner than 45 days and no later than 90 days after the date of the
application. C.R.S. § 12-43.3-104(2)(b)(1).
Applications for RME licenses shall be $500 if the applicant currently holds a
medical marijuana business license or $5,000 for applicants that do not currently hold
medical marijuana business licenses. C.R.S. § 12-43.4-501. In either case, one half of
the application fee is transferred to the local jurisdiction where the retail operation is
proposed, provided the local jurisdiction has not prohibited the retail sale of marijuana.
Id. The other half of the application fee must be transferred to the marijuana cash fund.
Id. Local governments may adopt and impose operating fees in an amount determined
by their governing bodies for RMEs located within their jurisdictions. C.R.S. § 12-43.4-
501(3).
B. Types of Licenses
House Bill 1317 creates the following classes of RME licenses: retail marijuana
store licenses; retail marijuana cultivation facility licenses; retail marijuana products
manufacturing licenses; and retail marijuana testing facility licenses. Each class of
license is discussed below.
Retail Marijuana Store License
Town of Vail 6/18/2013 Page 2
A retail marijuana store license is issued to persons selling marijuana or
marijuana products at retail.' C.R.S. § 12-43.3-402(1)(a). On or before September 30,
2014, retail marijuana stores may only sell marijuana grown in their own licensed
cultivation facilities. C.R.S. § 12-43.3-402(1)(c). After September 30, 2014, a store
may purchase inventory from a separate licensed retail marijuana cultivation facility.
C.R.S. § 12-43.3-402(1)(b).
After September 30, 2014, a retail marijuana store may purchase not more than
30% of its on-hand inventory of marijuana from another licensed RME (such as another
retail marijuana store) that is not owned by the retail marijuana store. C.R.S. § 12-43.3-
402(1)(c)(II). Similarly, no retail marijuana store or other cultivation facility may sell
more than 30% of its total on-hand inventory to another Colorado licensed RME. Id.
However, the DOR may grant a temporary waiver if the applicant suffers a catastrophic
event for a period not to exceed 90 days. Id.
A retail marijuana store cannot accept any marijuana from a retail marijuana
cultivation facility unless provided with evidence that all applicable excise taxes have
been paid. C.R.S. § 12-43.3-402(1)(d). Further, stores are responsible for tracking all
marijuana and products from the point of transfer to the store to the point of sale.
C.R.S. § 12-43.3-402(1)(e).
Prior to initiating a sale, an employee must verify that the purchaser has valid
identification showing that he or she is 21 years of age or older. C.R.S. § 12-43.3-
402(3)(b). A store may not sell more than a '/4 ounce of marijuana and no more than '/4
ounce equivalent of marijuana products during a single transaction to a person who
does not have a valid identification showing that the person is a Colorado resident.
C.R.S. § 12-43.3-402(3)(a).
Retail marijuana stores may only sell marijuana, marijuana products, marijuana
accessories, non-consumable products such as apparel, and marijuana related
products such as childproof packaging containers. C.R.S. § 12-43.3-402(7)(a). Stores
may not sell or give away any consumable product, including cigarettes or alcohol, or
edible products that do not contain marijuana, such as sodas, candies or baked goods.
Id. Stores may not sell any marijuana or marijuana products that contain nicotine or
alcohol if the sale of the alcohol would require liquor licensure pursuant to Colorado law.
C.R.S. § 12-43.3-402(7)(b).
Retail marijuana stores may not sell retail marijuana or products over the internet
or deliver such products to a person not physically present. C.R.S. § 12-43.3-402(7)(c).
Stores may use automatic dispensing machines. C.R.S. § 12-43.3-402(8). No
marijuana may be consumed on the premises. C.R.S. § 12-43.3-402(9).
Retail Marijuana Cultivation Facility License
' Retail marijuana products are defined as "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." See C.R.S. § 12-43.4-1.3(18); Colo. Const. art.
XVIII § 16(2)(k).
Town of Vail 6/18/2013 Page 3
Retail marijuana cultivation facility licenses may be issued to persons who
cultivate marijuana for sale and distribution to licensed retail marijuana stores, retail
marijuana products manufacturing licensees or other retail marijuana cultivation
facilities. C.R.S. § 12-43.3-403(1). On or before September 30, 2014, a cultivation
license may be issued only to persons who hold retail marijuana store licenses or retail
marijuana products manufacturing licenses. C.R.S. § 12-43.3-403(2)(a). Similarly, prior
to September 30, 2014, a cultivation licensee may only transfer marijuana to its
affiliated retail marijuana store or retail marijuana products manufacturer, or another
affiliated cultivation facility. C.R.S. § 12-43.3-403(2)(b). Under no circumstances may a
cultivation facility sell more than 30% of the marijuana it cultivates to another cultivation
facility or to a retail marijuana store or products manufacturer not owned by the owner
of the cultivation facility. C.R.S. § 12-43.3-403(2)(c).2
Cultivation licenses may be combined in a common area to grow and cultivate
marijuana to provide marijuana to more than one licensed retail marijuana store or
products manufacturer, if the holder of the cultivation license is also a common owner of
each licensed retail marijuana store or licensed retail marijuana products manufacturer
to which the marijuana is provided. C.R.S. § 12-43.3-403(2)(d).
Cultivation facilities must remit excise tax under C.R.S. § 39-28-101, et seq.
C.R.S. § 12-43.3-403(3). Prior to the delivery of any sold marijuana, the cultivation
facility must provide evidence that it paid the applicable excise tax. C.R.S. § 12-43.3-
403(4). A cultivation facility must track the marijuana it cultivates from seed or
immature plant to wholesale purchase. Id. No marijuana may be consumed on the
premises. C.R.S. § 12-43.3-403(6).
Retail Marijuana Products Manufacturing License
A retail marijuana products manufacturing license may be issued to persons who
manufacture concentrated marijuana products and marijuana products that are
comprised of marijuana and other ingredients and are intended for consumption.
C.R.S. § 12-43.4-404(1)(a). A products manufacturing licensee may cultivate its own
marijuana if it obtains a cultivation license, or it may purchase marijuana from a
cultivation facility. C.R.S. § 12-43.4-404(1)(b). However, before October 1, 2014, a
products manufacturer that also has a cultivation license may not sell any of the
marijuana that it cultivates except for the marijuana that is contained in its marijuana
products. C.R.S. § 12-43.4-404(1)(c)(1).
Retail marijuana products manufacturing licensees must track all marijuana from
the point it is transferred or delivered from a cultivation facility to the point of transfer to
a retail marijuana store. C.R.S. § 12-43.4-404(1)(b). Further, the products
manufacturer may not accept any marijuana from any cultivation facility until evidence
that any applicable excise tax has been paid by the cultivation facility. C.R.S. § 12-
43.4-404(1)(d).
2 The requirements of C.R.S. § 12-24.4-403(2) are repealed effective January 1, 2015. It
appears that the General Assembly has attempted to limit cultivation facility sales during the
initial startup of RMEs to ensure that the supply of marijuana does not exceed the demand
required by retail marijuana stores.
Town of Vail 6/18/2013 Page 4
Marijuana products must be prepared at a licensed premises that is used
exclusively for the manufacture and preparation of marijuana or marijuana products and
using equipment that is used exclusively for the manufacture and preparation of
marijuana products. C.R.S. § 12-43.4-404(2). An exception to this rule exists if the
local jurisdiction allows retail marijuana products manufacturing licensees to share the
same premises as a medical marijuana-infused products manufacturing licensee, so
long as a virtual or physical separation of inventory is maintained. Id.
Products manufacturing licensees may not add marijuana to any food products
that hold trademarks, unless the products manufacturer does not state or advertise to
the consumer that the final marijuana product contains the trademarked food product.
C.R.S. § 12-43.4-404(1)(e)(1). Products manufacturing licensees may not intentionally
or knowingly label or package marijuana products in a manner that would cause a
reasonable consumer confusion as to whether the product was a trademarked food
product or in a manner that violates any federal trademark law. C.R.S. § 12-43.4-
404(1)(e)(1l)-(III). An edible marijuana product may, but is not required to, list
ingredients and compatibility with dietary practices. C.R.S. § 12-43.4-404(7). Finally,
marijuana may not be consumed on the premises. C.R.S. § 12-43.4-404(5).
Retail Marijuana Testing Facility License
Retail marijuana testing facility licenses may be issued to a person who performs
testing and research on marijuana. C.R.S. § 12-43.3-405(1). The scope of this license
will be largely determined when the DOR issues regulations concerning the testing of
marijuana.
Dual Operations
A person may operate a licensed medical marijuana center, an optional
cultivation facility, a medical marijuana-infused products manufacturing facility and any
RME at the same location if the local jurisdiction permits a dual operation. C.R.S. § 12-
43.4-401(2)(x). If permitted by the local jurisdiction, dual medical marijuana and retail
marijuana stores must maintain separate licensed premises, including entrances and
exits, inventory, point of sale operations and record keeping.3 C.R.S. § 12-43.4-
401(2)(b)(1).
C. State and Local Licensing Procedures
HB 1317 reiterates that any local jurisdiction may regulate the time, place,
manner and number of RMEs, and may require a local license. C.R.S. § 12-43.4-
104(3). The local regulations must be at least as restrictive as HB 1317 and associated
DOR regulations. C.R.S. § 12-43.4-309(1). Further, local jurisdictions may prohibit the
operation of RMEs. Id.; C.R.S. § 12-43.4-104(3).
3 The DOR has been directed to promulgate regulations to address the situation where a dual
medical and retail storefront sells only to persons 21 years of age or older. C.R.S. § 12-43.3-
401(2)(b)(11). Specifically, the DOR is to determine whether to allow single entrances and exits and virtual
separation of the two facilities. Id.
Town of Vail 6/18/2013 Page 5
The DOR has seven days after receipt of an RME application to provide a copy
of the application to the local jurisdiction, unless the local jurisdiction has prohibited the
operation of RMEs. C.R.S. § 12-43.4-301(1). The local government must then notify
the state whether the application complies with the jurisdiction's time, place, manner
and number of marijuana businesses regulations. Id.
A local government may also impose a separate licensing requirement. Id. If the
Town has a separate licensing requirement, the Town may schedule a public hearing
on the application. C.R.S. § 12-43.4-302(1). Public notice of the hearing must be
posted in a conspicuous place on the property and published in a newspaper of general
circulation in the county where the premises are located not less than 10 days prior to
the hearing. Id. Importantly, even if a local jurisdiction opts not to impose a separate
licensing structure, the local jurisdiction may require public notice of the state
application to be posted and published. C.R.S. § 12-43.4-301(2).
Before the DOR issues a state license, the applicant must file with the DOR
evidence of a corporate surety bond in the amount of $5,000. C.R.S. § 12-43.4-303(1).
The bond must be conditioned on the applicant timely paying all sales and use taxes
due to the state. Id. This bond must be renewed each time the applicant's license is
renewed. C.R.S. § 12-43.4-301(3).
A license applicant is prohibited from operating a RME without state and local
approval, assuming the local government has opted to regulate. C.R.S. § 12-43.4-
304(1). If the applicant does not receive local jurisdiction approval within one (1) year
from the date of the DOR's approval, the state license shall expire and may not be
renewed. Id.
The DOR may refuse or deny a license application, reinstatement or renewal for
"good cause." C.R.S. § 12-43.4-305(1). "Good cause" means the licensee or applicant
has violated, does not meet, or has failed to comply with any of the requirements of HB
1317; any special terms or conditions that were placed on a license pursuant to an
order of the DOR or local licensing authority; or the licensed premises have been
operated in a manner that adversely affects the public health or safety of the immediate
neighborhood in which the establishment is located. Id. If the DOR denies a license,
the applicant is entitled to a hearing on such denial pursuant to C.R.S. § 24-4-106.
C.R.S. § 12-43.4-305(2). The denial must be in writing and provide notice of the
grounds for the denial at least 15 days prior to the applicant's hearing date.
D. General Licensing Requirements
An applicant must notify the state licensing authority in writing of the name,
address and date of birth of the owner, officer or manager before the new owner, officer
or manager begins associating with the RME. C.R.S. § 12-43.4-309(3). Each owner,
officer, manager or employee of an RME must pass a fingerprint-based criminal history
record check and obtain a identification card before being associated with the RME
operation. Id.
The following persons are prohibited from being licensees:
Town of Vail 6/18/2013 Page 6
1. Anyone not of good moral character (considering the factors in
C.R.S. § 24-5-101);
2. Anyone with a history of its officers, directors, stockholders or
owners who are not of good moral character;
3. Anyone financed in whole or in part by any other person whose
criminal history reflects that he or she is not of good moral character and
reputation satisfactory to the licensing authority;
4. Anyone under 21 years of age;
5. Anyone who fails to comply with any of the bonding or fee
requirements of HB 1317;
6. Anyone who has discharged a sentence for conviction of a felony in
the 5 years immediately preceding the application;
7. Anyone who has discharged a sentence for a conviction of a felony
pursuant to any state or federal law regarding the possession, distribution,
manufacturing, cultivation, or use of a controlled substance in the 10 years
immediately preceding the application or five years from the effective date of HB
1317, whichever is longer, unless the felony conviction is based on a charge of
possession or use of marijuana or marijuana concentrate that would not be a
felony if the person were convicted of the offense on the date of the application;
8. Anyone who employs another person at a retail marijuana
establishment who has not submitted fingerprints for a criminal history record
check or whose criminal record history check reveals that the person is ineligible;
9. A sheriff, deputy sheriff, police officer, prosecuting attorney, or an
officer or employee of the state licensing authority or a local licensing authority;
10. Anyone who seeks a license for a location that is currently licensed
as a retail food establishment or wholesale food registrant; or
11. An owner who has not been a resident of Colorado for at least two
years from the date of the application.
C.R.S. § 12-43.3-306. When investigating and considering an applicant's criminal
history, the state and/or local licensing authority must also consider information
provided by the applicant such as evidence of rehabilitation, character references and
educational achievements; particularly those items pertaining to the time between the
applicant's last criminal conviction and the consideration of the application. C.R.S. §
12-43.3-306(2)(a).
An application for a state RME license may not be approved if the application
concerns a location that is the same or within 1,000 feet of a location for which, within
the two years immediately preceding the date of the application, the DOR denied an
application for the same class of license due to the nature of the use or other concern
related to location. C.R.S. § 12-43.3-307(1)(a). Similarly, an applicant must establish
that it has or will have possession of the premises by ownership or under a lease or
other arrangement. C.R.S. § 12-43.3-307(1)(b).
Town of Vail 6/18/2013 Page 7
A licensee must personally manage the premises or employ a manager, and the
licensee must report the name of the manager to the state and local authorities. A
licensee must report any change in manager to the state and local licensing authorities
within seven days. C.R.S. § 12-43.4-309(11). All officers, managers and employees of
an RME must be residents of Colorado upon the date of their license application.
C.R.S. § 12-43.4-309(5). An RME owner must have been a resident of Colorado for at
least two years prior to the date of the application. Id. RME licenses may be
transferred only upon approval of the DOR and local licensing authority. C.R.S. § 12-
43.4-308(2). The local licensing authority may hold a new public hearing and the
guidelines for initial licensure are applicable to the proposed transferee. Id.
A licensee must possess and maintain possession of the premises for which the
license is issued by ownership, lease, rental or other arrangement for possession at all
times during the term of a license. C.R.S. § 12-43.4-309(7). A licensee may move a
RME's permanent location to another place in Colorado if the state and local licensing
authorities authorize the move. C.R.S. § 12-43.4-309(12). The license must be
conspicuously placed in the licensed premises at all times. C.R.S. § 12-43.4-309(8). It
is unlawful for any person to distribute marijuana or marijuana products using a mobile
distribution center. C.R.S. § 12-43.4-901(4)(h).
The DOR requires a complete disclosure of all persons having a direct or indirect
financial interest in each RME license. C.R.S. § 12-43.4-312(1). A licensee must report
all transfers or changes of financial interest to the state and local licensing authorities
and receive prior approval. C.R.S. § 12-43.4-309(10). Reports must be filed with the
licensing authorities prior to any transfers of capital stock of any corporation, regardless
of its size. Id.
E. License Renewals
At least 90 days prior to the expiration of an existing license, the DOR will notify
the licensee of the expiration by first class mail. C.R.S. § 12-43.4-310(1). The licensee
may apply for renewal at least 30 days prior to the expiration date. Id. Upon receipt of
a renewal application, the DOR must submit a copy of the application to the local
licensing authority to determine whether the application complies with all local licensing
requirements. Id.
Notwithstanding the foregoing, the DOR may extend the expiration date of a
license and accept a late application for renewal if the applicant has filed a timely
renewal application with the local licensing authority. Id. Further, either the DOR or the
local licensing authority may at their discretion, waive the 30-day renewal time
requirement if reasonable grounds are stated. Id.
A licensee whose license has been expired for not more than 90 days may file a
late renewal application upon the payment of a non-refundable late application fee of
$500 to the DOR. C.R.S. § 12-43.4-310(2). A late renewal applicant may continue to
operate the RME until the DOR has taken final action to approve or deny the late
renewal application, unless the DOR summarily suspends the license. Id. Finally, the
DOR may, in its discretion revoke or elect not to renew a license if it determines that the
Town of Vail 6/18/2013 Page 8
licensed premises have been inactive, without good cause, for at least one year.
C.R.S. § 12-43.4-311.
F. Powers and Duties of the State Licensing Authority
The DOR has been granted a number of powers and duties under HB 1317. The
primary responsibility of the DOR is to grant or refuse state licenses for the cultivation,
manufacture, distribution, sale and testing of marijuana and marijuana products. C.R.S.
§ 12-43.4-202(2)(a). The DOR is further authorized to suspend, fine, restrict or revoke
state licenses or issue fines for violations of the statute, after investigation and
opportunity for a public hearing. Id.; see generally C.R.S. § 12-43.4-601(1).
The DOR must maintain a seed-to-sale tracking system that tracks marijuana
from either seed or immature plant stage until the marijuana or marijuana product is
sold to a customer at a retail marijuana store. C.R.S. § 12-43.4-202(1). HB 1317 does
not specify how the seed-to-sale tracking system should function. See C.R.S. § 12-
43.4-202(2)(b).
In addition to the seed-to-sale tracking system, the DOR is charged with
promulgating regulations on the following:
1. Procedures for the issuance, renewal, suspension and revocation
of licenses to operate RMEs;
2. A schedule of application, licensing and renewal fees;
3. Qualifications for licensure, including a fingerprint-based criminal
record check for all owners, officers, managers, contractors, employees and
other support staff;
4. Establishing a marijuana and marijuana products independent
testing and certification program to ensure, at a minimum, that products sold for
human consumption do not contain contaminants that are injurious to the health,
to ensure correct labeling and verify THC potency;
5. Security requirements including lighting, physical security, video
and alarm requirements;
6. Requirements to prevent the sale or diversion of marijuana and
products to persons under the age of 21;
7. Labeling requirements for marijuana and products;
8. Health and safety regulations and standards for the manufacture of
marijuana products and the cultivation of marijuana;
9. Limitations on the display of marijuana and marijuana products;
10. Regulation of the storage of, warehouses for, and transportation of
marijuana and products;
11. Sanitary requirements;
12. Recordkeeping requirements;
Town of Vail 6/18/2013 Page 9
13. Reporting and transmittal requirements for monthly sales and
excise tax payments;
14. Enforcement and penalties for regulatory violations;
15. Rules on inspections, investigations, searches, seizures, and
forfeitures;
16. Development of identification cards for owners, officers, managers
contractors, employees and other support staff of licensed entities; and
17. Signage, marketing and advertising regulations;
C.R.S. § 12-43.4-202(3).
The DOR must also create a statewide licensure class system for cultivation
facilities. The classifications are to be based upon square footage of the facility; lights,
lumens or wattage; lit canopy; the number of cultivating plants; and other reasonable
metrics. C.R.S. § 12-43.4-202(4)(a). The DOR may establish limitations upon
marijuana production based on the class of cultivation facilities, the previous months'
sales, pending sales or other reasonable metrics. C.R.S. § 12-43.4-202(4)(b). When
limiting marijuana production, the DOR must consider the total current and anticipated
demand for adult-use marijuana in Colorado and attempt to minimize the market for
unlawful marijuana. C.R.S. § 12-43.4-202(4)(b)(II).
G. Disposition of Unauthorized Marijuana, Products and Related
Materials
A state or local agency is not required to cultivate or care for any retail marijuana
or retail marijuana product seized from a licensee. C.R.S. § 12-43.4-602(3). In issuing
a final agency decision concerning a disciplinary action, the DOR may specify that
some or all of the licensee's marijuana or marijuana products are not "retail" product
and therefore an illegal controlled substance. C.R.S. § 12-43.4-602(4). The order may
further specify that the licensee has lost any interest in the marijuana or marijuana
product. Id. Finally, the DOR may order the destruction of any marijuana or marijuana
products, including any containers, equipment, supplies and other property incidental to
the illegal contraband. Id. A licensee has 15 days from an order for destruction of
property to file a petition to stay the agency action. C.R.S. § 12-43.4-602(5).
H. Inspection of Books and Records
Each RME licensee must keep a complete set of all records necessary to fully
show the business transactions of the licensee. C.R.S. § 12-43.4-701(1). These
records must be open at all times during business hours for inspection by the DOR. Id.
The licensed premises, including storage areas where marijuana or marijuana products
are stored, cultivated, sold, dispensed, or tested are also subject to inspection by the
state or local jurisdiction during all business hours and other times of apparent activity.
C.R.S. § 12-43.4-701(2). Licensees must maintain records for the current tax year and
the 3 immediately preceding tax years. C.R.S. § 12-43.4-701(3).
Town of Vail 6/18/2013 Page 10
I. Effectiveness and Sunset Review
HB 1317 is now effective, but sunsets on July 1, 2016. Prior to the repeal of the
measure, the Department of Regulatory Agencies is to conduct a sunset review to
evaluate the continued existence of the program and determine its effectiveness.
C.R.S. § 12-43.4-1001.
II. House Bill 13-1318
HB 1318 imposes a sales and excise tax on the sale of adult-use marijuana,
subject to statewide voter approval on November 5, 2013. C.R.S. § 39-28.8-401. HB
1318 also provides guidelines for the retention of books and records to document the
payment of these taxes. C.R.S. § 39-28.8-303. For example, retail marijuana stores
must keep business records showing that all marijuana is received from retail marijuana
cultivation facilities. C.R.S. § 39-28.8-303(4).
A. Special Sales Tax
Beginning January 1, 2014, the bill imposes a tax of 10% on the sale of
marijuana or marijuana products to a consumer by a retail marijuana store. C.R.S. §
39-28.8-202(1)(a). This 10% sales tax is in addition to the 2.9% state sales tax and any
applicable local government sales tax. While the General Assembly approved an initial
10% special sales tax in HB 1318, the November ballot approval would authorize up to
a 15% sales tax so that the special marijuana sales tax rate can be increased by the
legislature in the future without further ballot approval. See C.R.S. § 39-28.8-202(2)(b).
Each fiscal year, 15% of the gross marijuana sales tax revenues collected by the
DOR will be apportioned to local governments that have retail marijuana stores within
their jurisdictions. See C.R.S. § 39-28.8-203(1)(a)(1). Therefore, a municipality will be
apportioned a percentage of the gross revenues on a pro rata basis. Id. By way of
example, if the Town represented 10% of the total adult-use marijuana sales tax
revenue collected by the DOR, the Town would receive 10% of the 15% local
government portion of the gross sales tax revenue. Id. Notably, counties will receive
the "local" portion of sales tax revenue when retail marijuana stores are located in
unincorporated areas. Id. Distribution of the local government portion of the sales tax
will be paid monthly, no later than the 15th. C.R.S. § 39-28.8-203(1)(a)(111). Importantly,
the special sales tax does not prevent local governments from imposing, levying and
collecting any other fee or tax upon the retail sale of marijuana or marijuana products or
upon the occupation or privilege of selling marijuana products. See C.R.S. § 39-28.8-
203(1)(a)(VI). However, any such additional local sales tax must be self-collected by
the local government. Id.
B. Excise Tax
Beginning January 1, 2014, a 15% excise tax will be imposed on the first sale or
transfer of unprocessed marijuana by a cultivation facility. C.R.S. § 39-28.8-302(1)(a).
The excise tax is in addition to the sales tax imposed by C.R.S. § 39-28.8-203. Id. The
excise tax will be imposed when the cultivation facility first sells or transfers the
Town of Vail 6/18/2013 Page 11
marijuana to a retail marijuana product manufacturing facility, a retail marijuana store or
another retail marijuana cultivation facility. Id. The excise tax is not imposed on the
sale or transfer of unprocessed marijuana by a cultivation facility to medical marijuana
centers. C.R.S. § 39-28.8-302(2).
III. Senate Bill 13-283
SB 283 addresses miscellaneous issues relating to marijuana sales and
cultivation. Most importantly, SB 283 prohibits a person from knowingly using or
consuming marijuana or possessing an open container while in the passenger area of a
motor vehicle that is on a public highway or right-of-way. C.R.S. § 42-4-1305.5(2)(a).
An 'open marijuana container" is defined as a receptacle or marijuana accessory that
contains any amount of marijuana and that is: (1) open or has a broken seal; (2) the
contents of which are partially removed; or (3) there is evidence that marijuana has
been consumed within the vehicle. C.R.S. § 42-4-1305.5(1)(c). The open container law
does not apply to back seat passengers when: (1) the vehicle is designed, maintained
or used primarily for the transportation of persons for compensation; (2) the back seat
passenger is in the living quarters of a house coach, house trailer, motor home or trailer
coach; (3) the possession is in the area behind the last upright seat of a vehicle not
equipped with a trunk; or (4) the possession is in an area not normally occupied by the
driver or a passenger in a vehicle that is not equipped with a trunk. C.R.S. § 42-4-
1305.5(2)(b). Notably, SB 283 recognizes that home rule municipalities may adopt
ordinances on open containers that are no less restrictive than state law. C.R.S. § 42-
4-1305.5(3).
SB 283 also provides that:
1. Local governments may prohibit the use of flammable gases in
home marijuana cultivation. C.R.S. § 9-7-113.
2. Contracts pertaining to lawful activities authorized under
Amendment 64, Article 43.4 of Title 12, C.R.S., and all associated regulations are
not void or voidable as against public policy. C.R.S. § 13-22-601.
3. Marijuana accessories are excluded from the definition of "drug
paraphernalia." C.R.S. § 18-18-426(2).
4. Marijuana smoke is included within the Colorado Clean Indoor Air
Act prohibition on smoking in public places. C.R.S. § 25-14-203(16).
5. Expenditures on marijuana that would otherwise be eligible for
federal income tax deductions are not eligible, because marijuana is a controlled
substance under federal law. See C.R.S. §§ 39-22-104; 39-22-304.
6. The medical marijuana license cash fund is converted to the
"Marijuana Cash Fund," and directing all license fees and taxes relating not
distributed to local governments to be deposited into such fund. C.R.S. § 12-
43.3-501.
Town of Vail 6/18/2013 Page 12
Town of Vail 6/18/2013 Page 13
TOWN OF V�I�L
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 18, 2013
ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals, VAiTown Code, of the Town
of Vail Planning and Environmental Commission's approval, with conditions, of a development
review application for the review of a variance from Section 12-713-15, Site Coverage, Vail
Town Code, pursuant to Chapter 12-17 Variances, Vail Town Code, to allow for the review of a
major exterior alteration or modification, pursuant to Section 12-713-7, Exterior Alterations and
Modification, Vail Town Code, to allow for the construction of additions, located at 225 Wall
Street/Lot B, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto.
PRESENTER(S): Warren Campbell
ACTION REQUESTED OF COUNCIL: The Vail Town Council is asked to table this item to
the July 2, 2013, public hearing, without discussion.
6/18/2013
TOWN OF V�I�L
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 18, 2013
ITEM/TOPIC: Adjournment (8:40 p.m.)
6/18/2013