HomeMy WebLinkAbout2013-10-15 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., OCTOBER 15, 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: 1) Gail Schwartz, Colorado State
Senator District 5 Q&A. (15 min.)
2.
ITEM/TOPIC: Consent Agenda:
1) Proclamation No. 6, Series of 2013 - Volunteer in Police Services Week
(5 min.)
3.
ITEM/TOPIC: Town Managers Report: (5 min. )
PRESENTER(S): Stan Zemler
4.
ITEM/TOPIC: Second Reading of Ordinance No. 1, Series of 2013, An
Ordinance Adding A New Section 2-1-4 to the Vail Town Code, To Ensure
Adequate Funding for the Town's Long-Range Capital Program (15 min.)
PRESENTER(S): Matt Mire and Judy Camp
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications,
or deny Ordinance No. 1, Series of 2013, on first reading.
BACKGROUND: On November 6, 2012, the registered electors of the Town
of Vail voted to amend Section 9.4 of the Vail Town Charter, relating to the
Town's long-range capital program. Section 9.4 of the Vail Town Charter
now requires that each annual budget include a long-range capital program
as established by ordinance of the Town Council. To ensure adequate
funding for the Town's long-range capital program, the Council determines
that certain aspects of the former Section 9.4 of the Vail Town Charter
should be adopted by ordinance.
STAFF RECOMMENDATION: Approve, approve with modifications, or deny
Ordinance No. 1, Series of 2013, on first reading.
5.
ITEM/TOPIC: Second reading of Ordinance No. 15, Series 2013, an
Ordinance adopting a budget and financial plan and making appropriations to
pay the costs, expenses and liabilities of the Town of Vail, Colorado for its
fiscal year January 1, 2014 through December 31, 2014 (30 min.)
PRESENTER(S): Kathleen Halloran
ACTION REQUESTED OF COUNCIL: Approve or approve with
amendments Ordinance No. 15, Series 2013
10/15/2013
BACKGROUND: Please see attached memo
STAFF RECOMMENDATION: Approve or approve with amendments
Ordinance No. 15, Series 2013
6.
ITEM/TOPIC: A final review of an appeal of a Design Review Board
decision (DRB), pursuant to Section 12-3-3C, Appeal of Design Review
Board Decisions, Vail Town Code, appealing a decision by the Design
Review Board approving a design review application, with one condition, for
an outdoor public plaza at the Gerald R. Ford Park Amphitheater, located at
540 South Frontage Road East/ Unplatted, and setting forth details in regard
thereto. (DRB130424) (30 Minutes)
PRESENTER(S): George Ruther, Director of Community Development and
Jack Hunn, Hunn Consulting, LLC
ACTION REQUESTED OF COUNCIL: Uphold, Uphold with Conditions, or
Overturn the Design Review Board's decision of approval, with one
condition, of design review application DRB130424.
BACKGROUND: On September 25, 2013, an appeals form was submitted
to the Community Development Department, on behalf of the appellant, by
Zehren & Associates. The appellant is appealing the final decision of the
Town of Vail Design Review Board of September 18, 2013, with respect to
design review application DRB130424. A complete copy of the appeals form,
received September 25, 2013, has been attached for reference. In sum, the
appellant is not appealing the approval granted by the Design Review board.
Instead, the appellant is appealing the one condition of approval required by
the Board that the new tensile fabric roof color be Benjamin Moore HC-80, or
darker.
STAFF RECOMMENDATION: The Community Development Department
recommends the Vail Town Council upholds the Design Board's decision of
approval, with one condition, of design review application DRB130424,
based upon the findings of fact listed on pages 4 & 5 of the staff
memorandum, dated October 15, 2013.
7.
ITEM/TOPIC: Resolution No. 13, Series of 2013, A Resolution Approving a
Timber Ridge Pre-Development Agreement; and Setting Forth Details in
Regard Thereto. (30 min.)
PRESENTER(S): Matt Mire
ACTION REQUESTED OF COUNCIL: Approve, amend or deny Resolution
No. 13, Series of 2013.
BACKGROUND: The Town of Vail (Town) is the owner of certain real
property generally described as the eastern half of the Timber Ridge property
(Property). To accomplish the redevelopment of the Property consistent with
the Housing zone district, the Town desires to enter into a Pre-Development
Agreement (the “Agreement”) with its selected developer.
8. ITEM/TOPIC: First reading of Ordinance No. 13, Series of 2013, an
ordinance repealing and reenacting the approved development plan for
Phase IV of Special Development District No. 6, Vail Village Inn, pursuant to
Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an
increase in the allowable gross residential floor area (GRFA), located at 16
Vail Road (The Sebastian)/ a portion of lots M, N, and O, Block 5D, Vail 10/15/2013
Village Filing 1, and setting forth details in regard thereto. (45 min.)
PRESENTER(S): Warren Campbell, Community Development Department
and Dominic Mauriello, Mauriello Planning Group
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall
approve, approve with modifications, or deny Ordinance No. 13, Series of
2013, upon first reading.
BACKGROUND: On September 23, 2013, the Planning and Environmental
Commission forwarded a recommendation of approval, with conditions, to
the Vail Town Council for a major amendment to SDD No. 6, Vail Village Inn,
to increase the allowable GRFA for Phase IV, with a vote of 5-1-0.
STAFF RECOMMENDATION: The Planning and Environmental
Commission recommends the Vail Town Council approves, with conditions,
Ordinance No. 13, Series of 2013, upon first reading.
9.
ITEM/TOPIC: Second reading of Ordinance No. 14, Series of 2013, An
Ordinance Amending the Vail Town Code to Increase the Maximum Fine for
Code Violations in Accordance with State Law and Setting Forth Details in
Regard Thereto. (10 min. )
PRESENTER(S): Matt Mire
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications,
or deny Ordinance No. 14, Series of 2013 on first reading.
BACKGROUND: The Colorado General Assembly recently passed House
Bill 13-1060, which increased the maximum fine available under state law for
violations of municipal ordinances. Ordinance No. 14, Series of 2013
amends the Vail Town Code to allow for an increase of the maximum fine
amount available thereunder to correspond with the maximum fine amount
available under state law.
STAFF RECOMMENDATION: Approve, approve with modifications, or deny
Ordinance No. 14, Series of 2013 on first reading.
10. ITEM/TOPIC: Adjournment (9:05 p.m.)
10/15/2013
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 15, 2013
ITEM/TOPIC: Citizen Participation: 1) Gail Schwartz, Colorado State Senator District 5 Q&A.
10/15/2013
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 15, 2013
ITEM/TOPIC: Consent Agenda:
1) Proclamation No. 6, Series of 2013 - Volunteer in Police Services Week
ATTACHMENTS:
Proclamation No 6 Series of 2013
10/15/2013
TOWN OF VAIL
PROCLAMATION NO. 6, SERIES OF 2013
A PROCLAMATION DECLARING THE THIRD WEEK IN OCTOBER AS
“VOLUNTEERS IN POLICE SERVICE WEEK”
WHEREAS, the entire community can effect a positive change with any
action, no matter how big or small;
WHEREAS, Volunteers can connect with the local community through
service organizations, such as Volunteers in Police Service (“VIPS”); and
WHEREAS, VIPS donate their time to make a real difference in the lives
of residents and guests of the Town of Vail;
WHEREAS, since October 2012 Vail VIPS have donated 319.5 valuable
hours equivalent to $5,767.00 performing non-enforcement duties; and
WHEREAS, the members of the Volunteers in Police Service give
unselfishly by serving the Town of Vail.
NOW, THEREFORE, BE IT PROCLAIMED that the Vail Town Council
declares the third week of October 2012, as Volunteers in Police Service Week.
Accordingly the Town of Vail encourages citizens and guests alike to join the
Town of Vail VIPS program to foster and enhance partnership between the
community and Vail Police Department.
SIGNED this 15th day of October, 2013.
________________________________
Andrew P. Daly, Mayor
ATTEST:
___________________________
Tammy Nagel, Acting Town Clerk
10/15/2013
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 15, 2013
ITEM/TOPIC: Town Managers Report:
PRESENTER(S): Stan Zemler
10/15/2013
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 15, 2013
ITEM/TOPIC: Second Reading of Ordinance No. 1, Series of 2013, An Ordinance Adding A
New Section 2-1-4 to the Vail Town Code, To Ensure Adequate Funding for the Town's Long-
Range Capital Program
PRESENTER(S): Matt Mire and Judy Camp
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny
Ordinance No. 1, Series of 2013, on first reading.
BACKGROUND: On November 6, 2012, the registered electors of the Town of Vail voted to
amend Section 9.4 of the Vail Town Charter, relating to the Town's long-range capital
program. Section 9.4 of the Vail Town Charter now requires that each annual budget include
a long-range capital program as established by ordinance of the Town Council. To ensure
adequate funding for the Town's long-range capital program, the Council determines that
certain aspects of the former Section 9.4 of the Vail Town Charter should be adopted by
ordinance.
STAFF RECOMMENDATION: Approve, approve with modifications, or deny Ordinance No.
1, Series of 2013, on first reading.
ATTACHMENTS:
Ordinance No 1 Series 2013
10/15/2013
Ordinance No. 1. Series of 2013 1
ORDINANCE NO. 1
SERIES 2013
AN ORDINANCE ADDING A NEW SECTION 2-1-4 TO THE VAIL TOWN
CODE, TO ENSURE ADEQUATE FUNDING FOR THE TOWN'S LONG-
RANGE CAPITAL PROGRAM
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 laws of
the State of Colorado and the Vail Town Charter;
WHEREAS, on November 6, 2012, the registered electors of the Town of Vail
voted to amend Section 9.4 of the Vail Town Charter, relating to the Town's long-range
capital program;
WHEREAS, Section 9.4 of the Vail Town Charter now requires that each annual
budget include a long-range capital program, with the percentage of revenues to be
allocated to the long-range capital program as established by ordinance of the Town
Council; and
WHEREAS, to ensure adequate funding for the Town's long -range capital
program, the Council determines that certain aspects of the former Section 9.4 of the
Vail Town Charter should be adopted by ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. The Vail Town Code is hereby amended by the addition of the
following new Section 2-1-4:
2-1-4: CAPITAL PROGRAM:
Pursuant to Section 9.4 of the Vail Town Charter, each annual budget
shall include a long-range capital program. To ensure adequate funding
for the long-range capital program, at least thirty-eight percent (38%) of all
sales tax revenues received by the Town shall be used for capital
improvements, open space acquisition, or open space improvements, or
for the payment of debt service to finance the same, unless otherwise
approved by not less than five (5) affirmative votes of the Town Council.
Section 2. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
Section 3. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceeding as commenced under or by virtue of the provision
10/15/2013
Ordinance No. 1. Series of 2013 2
amended. The amendment of any provision hereby shall not revive any provision or
any ordinance previously repealed or superseded unless expressly stated herein.
Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsisten cy. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of October, 2013 and a
public hearing for second reading of this Ordinance set for the 15th day of October,
2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Andrew P. Daly, Mayor
ATTEST:
____________________________
Tammy Nagel, Acting Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 15th day of October, 2013.
_____________________________
Andrew P. Daly, Mayor
ATTEST:
____________________________
Tammy Nagel, Acting Town Clerk
10/15/2013
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 15, 2013
ITEM/TOPIC: Second reading of Ordinance No. 15, Series 2013, an Ordinance adopting a
budget and financial plan and making appropriations to pay the costs, expenses and liabilities
of the Town of Vail, Colorado for its fiscal year January 1, 2014 through December 31, 2014
PRESENTER(S): Kathleen Halloran
ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No.
15, Series 2013
BACKGROUND: Please see attached memo
STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 15,
Series 2013
ATTACHMENTS:
TM Budget
10/15/2013
TO: Vail Town Council
FROM: Finance Department
DATE: October 10, 2013
SUBJECT: 2014 Proposed Budget – Ordinance 15
I. SUMMARY
The first reading of Ordinance 15 on October 1st was passed.
II. DISCUSSION
The following are responses relating to Council’s questions during the first reading of the
budget ordinance:
General Fund:
Council requested more information on healthcare costs shared between the town and
employees. Please see Attachment A
Council also requested more information on town reserves, specifically activity during 2013
that has reduced the anticipated reserve levels for 2014. Below is a chart identifying some
of the major items or projects that have impacted reserves over the past two years.
Reserve spending for the Vail Golf Clubhouse and Ford Park Fields/Amphitheater were
approved by voters to utilize the Conference Center Funds.
10/15/2013
Town of Vail Page 2
During the discussion of Council contributions and funding for special events, staff was
directed to find $75,000 in the current budget proposal to allow increased funding of the
Tier IV “Life-Long Learning” category of Council Contributions. Staff recommends using the
$75,000 allocated for the Pro-Cycling Challenge which is not confirmed for 2014. Should
the event be confirmed at a later date the additional funds could be supplemented at that
time. Staff proposes accepting applications for Life-Long Learning programs starting
November 15th through January 1st, with staff recommendations completed by January 31st.
These revisions are included in the attached budget proposal.
Capital Projects Fund:
Council asked for additional information on the market study relating to employee housing
at the Chamonix site. Staff has included $5,000 in the 2014 proposed budget for an update
to that housing study.
Real Estate Transfer Tax Fund:
Staff further researched consulting costs to separate the Donovan Park master plan from
the Ford Park master plan currently being updated. If some of the work is performed in-
house, the costs can be reduced to $5,000. The proposed budget has been updated to
reflect this change.
10/15/2013
Member Burden is a term used by our Healthcare consultants to identify the complete out-of-pocket costs to the employee
It incorporates all costs to the employee such as premiums deducted from paychecks, office visit co-pays,
deductibles paid throughout the year and shared medical payments until the employee's yearly maximum is met.
This analysis is meant to track the percentage share paid for by the employee versus the employer.
July
200820092010201120122013
Estimated enrollment224224217208209211
Total Costs (no matter who paying)2,292,3613,031,7813,757,4163,427,0723,452,930$ 1,661,727$
Employee Out of Pocket342,276370,363413,611446,611479,075$ 286,414$
Employee Premiums paid from paycheck 268,260276,660300,930399,700420,275$ 279,146$
Total Member Burden26.6%21.3%19.0%24.7%26.1%34.0%
The member burden in 2010 went down as impact of new healthcare legislation took shape; the town had to cover more
dependents and preventative care
Attachment A
10/15/2013
2014 PROPOSED BUDGET
Second Reading of
Ordinance No. 15, Series 2013
October 15, 2013
10/15/2013
Town of Vail
Proposed 2014 Budget
Table of Contents
2014 Budget Highlights 1
Major Revenue Analysis 11
Summary of Changes in Personnel 12
Ten-Year Summary of Budgeted Positions by Department 13
Employee Benefits Summary 15
This report shows the list of employee benefits by percentage and costs.
General Fund Revenue and Expenditures 16
This schedule shows the major revenue and expenditures by category
in the General Fund
Contributions and Special Events 18
Capital Projects Fund Revenue and Expenditures 19
This schedule shows revenue by type and expenditures by project in the Capital
Projects Fund for 2013, Proposed 2014, and 2015 - 2018 plan
Real Estate Transfer Tax Fund Revenue and Expenditures 22
This schedule shows revenue by type and expenditures by project in the RETT
Fund for 2013, Proposed 2014, and 2015 - 2018 plan
Marketing (Business License) Fund Revenue and Expenditures 24
Conference Center Fund Revenue and Expenditures 24
Heavy Equipment Fund Revenue and Expenditures 25
Health Insurance Fund Revenue and Expenditures 25
Dispatch Services Fund Revenue and Expenditures 26
10/15/2013
1
TOWN OF VAIL
2014 BUDGET PROPOSAL
GENERAL AND RELATED FUNDS
Changes from the first ordinance reading are highlighted
The Town of Vail 2014 budget proposal presented in this document reflects the town’s
vision to be the premier international mountain resort community in a fiscally responsible
manner. There are no dramatic changes proposed from the current year, and continues
to provide the high level of service the town is known for in both day-to-day operations
and special event support.
The following objectives were used in the creation of the budget:
Develop a sustainable budget that operates within annual revenues
The budget will continue to reflect the town’s vision to be the premier
international mountain resort community and will support areas of strategic focus
identified by Council including Improvement of Economic Vitality, Grow a
Balanced Community, Improve the Quality of the Experience and Develop Future
Leadership
Departmental budgets to remain flat with amended 2013 budget
Significant commitments to iconic events such as the 2015 Alpine World
Championship, 2015 Nation’s Event at Golden Peak, Pro-cycling Challenge and
Burton US Open funded from General Fund reserves, outside of the town’s
normal operations for the year
Although sales tax collections have recently experienced record months, overall town
revenues have not yet returned back to 2008 levels. Specifically, in 2008 the town’s
revenue totaled $58.0 million compared to projected $53.3 million in 2014. The General
Fund alone was $33.8 million in 2008 compared to $31.9 million projected for 2014 ($1.9
million reduction). While sales tax is projected to increase by 5.2% in 2014 from the
amended 2013 budget, this is helping to offset decreases experienced since 2008 in
other revenue streams such as property tax, parking revenue and construction fees.
Since 2008 General Fund expenditures have increased only $1.3 million over a five-year
period (or less than 1% per year on average) from $30.6 million to a proposed $31.9
million in 2014. The increase includes funding for special events, salary adjustments
and additional operating expenses from new town facilities. It does not include iconic
events funded from reserves.
The projected 2014 budget results in an operating surplus of $16,060 before iconic event
funding of $1.1 million (2015 World Alpine Championships, Burton US Snowboarding
Championships and US Pro-Cycling Challenge). After funding these events from town
reserves, the fund balance at the end of 2014 is projected at $13.4 million, or 42% of
annual revenues.
Below are details of assumptions used in the development of the proposed 2013 budget:
REVENUE
The town’s 2014 budget is funded by a projected $53.3 million net revenue budget.
Net revenues exclude inter-fund charges and transfers. 2014 projected revenues are
3.4% higher than 2013 amended and a 3.1% decrease from 2012. (See page 10 for
Major Revenue Analysis). The variance mainly relates to the reimbursement the town
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2
received from the Vail Reinvestment Authority during 2012 for various capital projects in
the Lionshead district. The below chart identifies the various sources of town revenue:
Sales Tax will produce approximately 41% of annual revenue for 2014. The $22.0
million of sales tax projected is a 5.2% increase from the amended 2013 budget, and a
9.7% increase from 2012 actual collections.
Real Estate Transfer Tax collections of $3.9 million represent 7% of total annual
revenues. This revenue source can fluctuate greatly from year to year depending on
redevelopment projects. In the phase of the “Billion-Dollar Renewal”, the highest year
was 2008 with tax collections of $9.1 million. In 2008, RETT represented nearly 16% of
total revenue for the town.
Property and Ownership Tax of $4.5 million will generate 9% of total revenues for 2014.
This is an increase of 5.9% from 2013 amended budget and is based on the most recent
report from the County Assessor’s office. The current base mil levy is 4.69 and
constitutes approximately 10% of the average taxpayer’s property tax bill.
Parking revenue from the transportation centers is projected at $3.9 million for 2014, or
7% of total revenues. This projection is flat with 2013, and an 11.2% increase from
2012. 2012 winter season had a slower start due to snow fall, while 2013 spring season
was strong.
Intergovernmental revenue includes federal and state grants, county sales tax, county
road and bridge tax, highway users’ tax, and cigarette tax and E911 Authority Board.
For 2014, this revenue source represents $2.8 million, or 5% of total revenues for the
town. While the majority of these funds are from taxes, they also include a federal grant
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3
of $240,000 for the reconstruction of bridges. This grant will span several years, for a
total of $1,024,800 to be used toward the Nugget Lane and Bridge Road bridges.
Ski Lift Tax and Franchise Fees total $3.8 million and $1.0 million, respectively for 2014,
representing 9% of the total annual revenue. Lift Tax for 2014 is flat with 2013 amended
budget, and 10.1% higher than 2012 actuals.
The town will continue to receive reimbursement from the Vail Reinvestment Authority
for expenditures directly relating to capital projects within the tax increment financing
district. In 2014, the town expects to be reimbursed a total of $3.95 million for those
projects. More detail on these projects is included below under Capital Projects Fund
expenditures.
EXPENDITURES
The town’s expenditure budget for 2014 is $54.3 million excluding inter-fund transfers
and charges. This is a 40% decrease from the 2013 amended budget ($90.0 million),
mainly due to $16.0 million for the re-financing of Timber Ridge Affordable Housing
Corporation (TRAHC) debt along with other large capital projects currently underway in
2013 that will most likely continue into 2014. Some of these projects include the Ford
Park Fields, Golf Course Clubhouse and Nordic Center, Lionshead Portal projects,
renovation of the Vail Village Information Booth, Guest Service Enhancements and
Wayfinding projects, etc. Included in this amount are capital projects that will be
reimbursed from the Vail Reinvestment Authority (see Capital Projects section below).
Seventy-one percent of the expenditures are to provide municipal services and twenty-
nine percent to fund capital improvements. The town does not currently have any debt
service payments due in 2014 or beyond.
Within municipal services, 63% of spending is related to staffing costs. These costs
include salary expense, overtime, and benefits such as health insurance, disability
coverage, worker’s compensation, pension, life insurance, unemployment and Medicare.
The town’s operations are supported by 285 full time equivalent (FTE) positions in 2014,
up 0.89 from 2013 and down from 300 at the beginning of 2009. Of these, 237 are full-
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4
time regular employees. Shifts in headcount include converting two seasonal Fire
positions (1 Resident and 1 Forest Health crew) into one full-time Wildland Coordinator
position. A seasonal Construction Inspector position shifts to a seasonal Heavy
Equipment Operator to reflect the changed needs during the summer season.
Additions to headcount include a change in the philosophy for staffing two key
Information Technology functions. The independent IT Assessment conducted by MWH
in 2011 identified software support as a key function lacking resources under the then
existing organizational structure. Rather than commit to hiring full-time employees at
that time, we engaged two contractors to fill an immediate need on a project basis while
evaluating our business model to determine if the need was long-term. Based on the
age, number and sophistication of computer systems the town has in place and the
number of websites we now support, staff believes it is appropriate to have full-time
employees providing software service on a long-term basis. The proposed 2014 budget
includes an increase in salary and benefits with a corresponding reduction in contract
services with no net increase in cost to the town. Similarly headcount no longer needed
in other areas will be reallocated to Information Technology with no net increase in
headcount. These reductions to headcount include a 0.5 FTE temporary position in the
Finance department utilized during the new systems implementation, 1.0 Restaurant
inspection/Environmental position, and 0.25 seasonal Journey Mechanic position.
The 2014 proposed budget also includes the conversion of 12 seasonal positions, where
employees work season to season in the same position. During the September 17th
review of the draft budget, Council raised several questions relating to this conversion.
Please see the cover memo for more details.
In addition, page 12 includes summary of FTE changes and page 13 includes a 10-year
history of the town’s FTE count.
Employee benefits are projected at a total cost of $6.3 million, representing 37.7% of
base salary expense for 2014 (please refer to page 15 for a breakout of employee
benefits). The largest single component of benefit cost is health insurance at 50%,
followed by pension contributions at 34%.
10/15/2013
5
Health claims are a significant portion of employee benefits costs and have been
trending at an annual increase of 10% per year for the last several years. 2013 year-to-
date claims are forecasted down 6.4% from budget, which will help to put dollars back
into the fund balance which has been impacted in the past several years. Staff is
managing rising costs by sharing a portion of these expenses with employees through
changes to health plan design (for example, increases to employee-paid deductibles, co-
pays and out of pocket maximums). Employee monthly premiums will also increase.
The town plans to use $102,473 of Health Insurance Fund reserves in 2014 (these
reserves grow from annual contributions by both employees and the town, with most of
the current growth occurring between 2001 and 2008). The reserves are intended to
protect the town from excessive claim activity (unanticipated) in one year, and current
reserves adequately provide this protection. See page 25 for a detailed fund statement
for the Health Insurance Fund.
While the above narrative summarized the overall proposed town financial outlook for
2014, the following provides an explanation of budgetary assumptions for each fund:
GENERAL FUND
The General Fund supports the town’s basic municipal operations. The attached
General Fund proposed budget for these operations has a surplus of $16,060, which
does not include $1.1 million in commitments to large special events such as the World
Alpine Ski Championships, Pro-Cycling Challenge or the Burton US Open Snowboarding
Championships. With the inclusion of iconic event spending, the resulting fund balance
will total $13.4 million at the end of 2014, representing 42% of annual revenues. 25% is
the Council directive as the minimum fund balance.
REVENUE - $31,956,832
The General Fund’s primary source of revenue is sales tax followed by property and
ownership tax, parking, and lift tax. Projected revenue for 2014 is an increase of 2.4%
from the amended 2013 budget and an increase of 7.6% from 2012.
Sales Tax - $13,640,000
In this budget proposal, 62% of the town’s 4% general sales tax is allocated to the
General Fund. The remaining 38% is allocated to the Capital Projects Fund.
Historically Council has approved budgets with a super-majority vote for any split other
than 50/50. In November, 2012 voters approved amending Section 9.4 of the Vail Town
Charter, which was previously unclear but interpreted as a requirement to allocate no
less than 50% of the town’s sales tax revenue to the Capital Projects Fund unless
overridden by a vote of at least five council members. As a result, each year Town
Council will pass an ordinance to specify the sales tax “split” percentage for the
upcoming budget year. Ordinance No. 1, Series 2013 is being presented to Council on
October 1st along with the 2014 budget ordinance.
Licenses and Permit Fees - $1,342,801
The largest component of licenses and permits is construction permit fees, which
includes building, mechanical, plumbing, and electrical permits. The 2014 budget for
construction permits is projected based on a four-year average of annual collections and
does not anticipate any major redevelopment projects. The 2014 projection is a 4%
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6
increase from the 2013 amended budget and 8.7% less than 2012 due to both
significant home renovations as well as a few larger commercial renovation projects
Property Tax, Parking Revenue, Ski Lift Tax and Franchise Fees budgetary
assumptions were discussed above, in the Revenue section.
EXPENDITURES - $33,040,772
As a service organization, the majority of spending relates to staffing. For 2014, this
represents $19.9 million or 60% of total expenditures which includes benefits and a 3%
proposed merit increase based on employee performance.
Departmental spending of $7.0 million (also labeled as “All Other Operating” in the
General Fund statement) is an increase of less than 1% from the 2013 amended budget.
The proposed 2014 budget does not propose any dramatic changes from the current
year, and provides for a continuation of the high level of service in both day-to-day
operations and special event support.
“Contributions and Special Events” includes the Economic Development / Commission
on Special Event department, as well as Council Contributions (page 18). The 2014
proposed expenditures followed the budget guidelines for all other departments, to
remain flat with 2013 budget.
Contributions to the 2015 World Alpine Ski Championships ($250K per year for 5 years),
the 2015 Nations Event at Golden Peak ($375K per year for 4 years) and the Burton US
Open (at $400K) are proposed to be funded from General Fund reserves because they
cannot be absorbed within the annual budget allocations. The Pro-Cycling Challenge
was removed from the proposed 2014 budget as the event has not been confirmed for
2014. The $75,000 for that event was transferred into a budget for Council contributions
toward Tier IV category of “Life-Long Learning”. Should the event be confirmed at a
later date the additional funds could be supplemented at that time.
“Heavy Equipment Operating and Replacement” charges are projected at a 2.7%
increase from the 2013 amended budget. The operating costs are charged back to
departments based on their use of the vehicles and equipment. Replacement charges
are based on a long-term replacement plan for town vehicles. These internal service
charges go into the Heavy Equipment Fund as revenues.
Dispatch Services charges total $590,961 for 2014 based on a three-year average
usage by the town (35.6% of total 911 call volume). While call volume has increased
1.3% from 2013, the 2014 charges reflect a 3.8% increase from 2013 charges due to
increased operating costs such as a merit increase (3% proposed) for employees.
These service charges, along with charges to the other agencies go into the Dispatch
Services Fund as revenue.
The projected 2014 General Fund budget results in a net increase to fund balance of
$16,060 before iconic event spending. After funding of those events ($1.1M), the
General Fund reserves are projected at a 42% of annual revenues, or $13.4 million by
the end of 2014.
10/15/2013
7
CAPITAL PROJECTS FUND
REVENUE - $14,277,990
Total revenue includes $3.95 million in reimbursement from the Vail Reinvestment
Authority for expenditures directly relating to capital projects within the tax increment
financing district.
Sales tax is a primary revenue source for capital projects. For 2014, $8,360,000 or 38%
of the town’s projected sales tax revenue is allocated to the Capital Projects Fund.
Use Tax collections are budgeted at $1.0 million, flat with the 2013 amended budget.
No major projects are assumed for 2014.
Federal grant revenue of $240,000 is included for reconstruction of bridges at Nugget
Lane and Bridge Road (the bridge projects span three years, with total federal grant of
$1,024,800).
2014 also includes the annual repayment from Timber Ridge Affordable Housing Corp.
of $494,466 per year for 20 years.
EXPENDITURES - $10,117,100
$3.95 million of the above will be reimbursed by the Vail Reinvestment Authority (VRA)
for capital projects within the Lionshead TIF District such as the start of the Simba Run
Underpass project ($600K), a renovation of the Lionshead parking structure entry
($2.0M), Lionshead parking equipment ($300K), Lionshead medians ($1.0M) and $50K
of annual Lionshead parking structure capital maintenance costs.
Other noteworthy projects for 2014 include:
Replacement of a 1999 pumper truck in the Fire department ($620.9K)
Add 24 cameras throughout Vail which will provide additional security during
busy events and supplement the 6 loading & delivery cameras now present in the
Vail Village ($120K)
Installation of 26 TOV-owned “nodes” for fiber being laid by Crown Castle on our
behalf. Twenty-four of these nodes would link to the requested cameras above
($52K).
Replacement of the Vail Village transit center generator which is now outdated
an unable to cover existing needs, specifically air-handling and lighting in the
parking structures ($200K). The project includes re-landscaping the area once
equipment is replaced
Continuation of the Guest Service Enhancement project ($1.0M)
Reconstruction of the entry to the Lionshead parking structure ($2.0M), to be
reimbursed by the VRA
Replacement of parking equipment and system ($600K), with $300K reimbursed
from the VRA
Construction of medians on the frontage road in Lionshead from the parking
structure to Vail Spa building ($1.0M), to be reimbursed by the VRA.
Town’s portion of Simba Run Underpass project should RAMP funding become
finalized ($600K). The project would span approximately four years at a total
cost to the town of $6.0 million, reimbursed by the VRA
Replacement of seven hybrid bus batteries ($385K)
10/15/2013
8
Purchase of an ADA van for bus service pick-up calls ($45K)
Estimate for rockfall mitigation should redevelopment of Timber Ridge proceed
($225K)
Radio replacement for a portion of the town’s inventory of radios ($176K) for
Police, Fire and Public Works. Approximately 59 radios plus related equipment
such as battery chargers will be replaced. This item was previously in 2014 for a
total of $693K, but was removed from the budget as reviewed on September 17th
allowing staff more time for review. The town only needs a portion of radios
replaced at this time, with the remainder scheduled for 2018. Motorola has
agreed to a substantial discount in pricing as a part of their sponsorship with the
Vail Valley Foundation for the 2015 World Alpine Ski Championships
Replacement of the “LiveScan” fingerprint equipment and system has been
added to the 2014 proposed budget ($28K). However, staff is requesting to
move these dollars forward into 2013 due to the urgency of the condition of
current equipment. This was approved by Council during the October 1st
discussion. It is outdated from the Colorado Bureau of Investigations system, is
not compatible with a recent upgrade to the Intergraph system and consistently
breaks down, costing between $1,000 - $2,000 for repair. If Council agrees, staff
would like to move forward with the replacement of this equipment and will
include in the December budget supplemental in 2013
$5,000 was added to the 2014 budget proposal for an update to the housing
market study relating to the Chamonix site.
The Capital Projects fund is projected to have a fund balance of $11.7 million at the end
of 2014.
REAL ESTATE TRANSFER TAX (RETT) FUND
REVENUE - $4,095,726
The primary revenue source for this fund is the 1% real estate transfer tax, accounting
for $3.9 million in projected revenue for 2014. Collections are projected flat with
amended 2013 budget and a 28% decrease from 2012. 2012 included several large
residential and commercial projects, whereas 2014 projections do not include any major
redevelopment projects.
EXPENDITURES - $7,858,930
Use of the RETT Fund is restricted by ordinance to parks, recreation, open space, and
environmental sustainability. RETT currently provides funding for both operating and
capital expenditures within those categories. Total operating expense of $2.4M for 2014
is flat with 2013 amended budget and includes:
Annual Park and Landscape maintenance ($1.4M)
Environmental Sustainability staff and programs ($250,000)
Continuation of Forest Health projects ($195,000)
Management of AIPP programs ($95,920)
Betty Ford Alpine Garden annual support ($65,620) *Council Contribution
10/15/2013
9
Eagle River Watershed Council support for Black Gore Creek projects ($62,000)
*Council Contribution
Noteworthy capital projects for 2014 include:
Stream bank mitigation ($750,000)
Water Quality / Storm Water ($350K)
Library recreation path reconstruction (planning and design in 2014 for $200K)
Replacement of the temporary skate park ($260K)
Bike lane shoulders on the north frontage road ($1.5M) from Red Sandstone
school to Buffehr Creek. This project will coincide with a CDOT overlay project
for cost efficiencies
Bike lane shoulders on south frontage road ($500K) from Matterhorn to Cascade
Ford Park playground improvements ($304K) to coincide with overall Ford Park
improvements. This project was previously budgeted in 2015
Ford Park parking lot slope re-vegetation ($100K)
Booth Creek Tennis Court reconstruction ($262K) pending outcome of overall
park redevelopment plans scheduled for 2013 per Council’s directive on
September 17th
Capital maintenance of VRD-managed assets such as the Vail Golf Course,
Dobson Ice Arena, Ford Park tennis center, Athletic Fields and Gymnastics
center for a total of $283K in 2014
Consultant costs to separate the Donovan Park master plan from the Ford Park
master plan currently undergoing revisions were previously proposed at $25,000
but after additional research, staff has reduced this amount to $5,000.
The RETT fund is projected to have a fund balance of $1.1 million by the end of 2014.
VAIL MARKETING FUND
Business license fees provide the revenue for this fund, which is restricted to marketing
Vail. Revenue is expected to be flat with 2013. Expenditures for marketing through the
Commission on Special Events (CSE) are budgeted at $300,000.
CONFERENCE CENTER FUND
This fund was established in 2003 to account for a 1.5% public accommodations tax and
a .5% sales tax imposed by election for the purpose of building and operating a
conference center in the town. These taxes were rescinded by election in November of
2005. In November, 2011 voters approved using accumulated funds for three capital
projects (major renovations of the Vail Golf Course and Nordic Center, Ford Park Fields
and the Ford Park Amphitheater). Two of the projects will be managed by the town and
are reported within the RETT Fund, partially paid for by Conference Center funds of $6.8
million budgeted in 2013. Also in 2013 the town has budgeted to reimburse the Vail
Valley Foundation $842,694 for the renovation of the Ford Amphitheater, a project
managed by the Vail Valley Foundation. This expenditure will be charged directly to the
Conference Center Fund. There are no projects budgeted for 2014.
10/15/2013
10
HEAVY EQUIPMENT FUND
This is an internal services fund that manages the maintenance and repair of town
vehicles and equipment and the purchase of replacement vehicles other than buses and
fire trucks. Costs are charged back to departments based on their use of the vehicles
and equipment.
HEALTH INSURANCE FUND
This internal services fund manages the costs of providing health and short-term
disability insurance to employees. Net costs are charged to departments as employee
benefits. Since the town is self-insured on these items, a sufficient fund balance is
maintained to absorb extraordinary claims experience. Claims over $75,000 per person
are covered by an indemnity “stop loss” insurance product. Although increasing
healthcare costs are shared with employees, staff has recommended use of $102,473 of
fund balance to help offset the anticipated increase in medical claims for 2014. This
Fund is projected to have a fund balance of $654,135 by the end of 2014.
DISPATCH SERVICES FUND
This is an enterprise fund, e.g., more than half of its revenue is from sources outside of
the town, managing emergency communications for all of Eagle County. The E911
Board funds eight dispatcher positions, two supervisor positions and a systems
engineer. In 2014, there is a 3.8% increase in the town’s fees based on both increased
operating costs and call usage in Vail, of which Vail Police and Vail Fire total 35.6%.
10/15/2013
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10/15/2013
2014
ChangesComments
Full-time Regular Positions
Finance technician(0.50) Temporary position during systems projects
Bus Drivers5.00 Converting seasonal positions
Parking Attendants3.00 Converting seasonal positions
Streets Maintenance Worker3.00 Converting seasonal positions
Heavy Equipment Operator1.00 Converting seasonal positions
IT Software Specialists2.00 Services previously contracted out
Wildland Fire Coordinator1.00 Converting two seasonal positions
Community Development(1.00) Restaurant inspections now done by the state
13.50
Seasonal Positions
Construction Inspector(0.50) Transfer to HEO backfill position for Chris Delles
Summer HEO0.50 Converted from Construction Inspector
Fire Resident(0.50) Convert to FT Wildland coordinator
Forest Health Crew(0.50) Convert to FT Wildland coordinator
Journey Mechanic(0.25) Position not filled for several years
Bus Drivers(4.40) Converting seasonal positions
Parking Attendants(2.76) Converting seasonal positions
Parking Lead(0.46) Converting seasonal positions
Streets Maintenance Worker(2.82) Converting seasonal positions
Heavy Equipment Operator(0.92) Converting seasonal positions
(12.61)
Total Changes to FTE Count:0.89
Town of Vail 2014 Proposed Budget
Summary of Changes in Personnel
From 2013 Original Budget to 2014 Budget
- 12 - 10/15/2013
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4
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10/15/2013
2011201220132014
Actual % Salary Actual% Salary Budget % Salary Proposed % Salary
Full-Time Regular Employees
Fee Based
Health Insurance2,575,00019.90%2,873,936 21.94%2,875,00020.42%3,150,00021.08%
Group Term Life and Accidental Death Insurance181,1451.40%181,385 1.38%74,0000.53%74,0000.50%
Long-term Disability Insurance 53,0000.38%53,0000.35%
Survivor's Life Insurance 74,0000.53%74,0000.50%
Short-term Disability Insurance14,5160.10%10,200 0.08%20,0000.14%15,0000.10%
Ski Pass / Fitness79,0000.60%83,940 0.64%85,0000.60%85,0000.57%
Sworn Officer Death and Disability Insurance67,6410.50%69,315 0.53%72,0000.51%72,0000.48%
Subtotal Fee Based2,917,302 22.50%3,218,776 24.58%3,253,000 23.10%3,523,000 23.57%
Payroll Based
Pension Contribution1,976,79415.30%1,997,549 15.25%2,043,84514.52%2,135,31814.29%
Medicare166,7231.30%168,157 1.28%189,1531.34%194,7221.30%
Workers' Compensation Insurance169,9501.30%216,719 1.65%192,3001.37%224,0001.50%
Unemployment Compensation Insurance46,5850.40%37,719 0.29%42,2000.30%44,8000.30%
Subtotal Payroll Based2,360,05218.30%2,420,144 18.48%2,467,49917.53%2,598,84017.39%
Total Full-Time Benefits 5,277,35440.80%5,638,920 43.06%5,720,49940.63%6,121,84040.96%
Part-Time and Seasonal Employees
Fee Based
Ski Pass / Fitness60,8353.50%65,209 3.12%75,0003.70%75,0004.33%
Ski Pass / Fitness - Boards 9,1009,100 0.44%9,1000.45%9,1000.53%
Mini-Med Program2,9240.10%4,726 0.23%6,0000.30%6,0000.35%
Payroll Based
Pension Contribution36,9581.80%26,745 1.28%30,4191.50%25,9981.50%
Medicare29,3731.40%30,307 1.45%29,4051.45%25,1311.45%
Workers' Compensation Insurance26,6641.30%34,586 1.65%27,5651.36%26,0001.50%
Unemployment Compensation Insurance7,3090.40%6,020 0.29%6,0840.30%5,2000.30%
Subtotal Payroll Based100,3044.90%97,658 4.67%93,4734.61%82,3294.75%
Total Part-Time and Seasonal Benefits 173,1638.50%176,693 8.45%183,5739.05%172,4299.95%
Total Benefits - All Employees 5,450,51736.49%5,815,613 38.29%5,904,07236.65%6,294,26837.74%
Town of Vail
Employee Benefits
15 10/15/2013
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16
10/15/2013
2012201320132014
ActualOriginalAmendedProposed
Revenue
Local Taxes:20,046,454 20,100,000$ 20,922,000$ 22,000,000$
Sales Tax Split b/t Gen'l Fund & Capital Fund 58/4262/3862/3862/38
Sales Tax11,530,000 12,462,000$ 12,971,000 13,640,000
Property and Ownership4,157,279 4,217,000 4,217,000 4,465,000
Ski Lift Tax3,433,686 3,492,000 3,782,000 3,782,000
Franchise Fees, Penalties, and Other Taxes1,003,318 1,074,442 1,074,442 1,041,550
Licenses & Permits 1,470,588 1,280,580 1,290,080 1,342,801
Intergovernmental Revenue1,875,027 1,861,914 1,775,314 1,741,234
Transportation Centers3,464,546 3,851,000 3,851,000 3,852,455
Charges for Services 964,595 759,347 719,347 757,622
Fines & Forfeitures251,501 270,887 270,887 276,274
Earnings on Investments177,991 175,000 175,000 110,000
Rental Revenue 832,134 905,605 850,605 840,896
Miscellaneous and Project Reimbursements 500,936 175,000 187,050 107,000
Total Revenue29,661,601 30,524,775 31,163,725 31,956,832
Expenditures by Type:
Municipal Services:
Town Officials1,291,4671,398,6541,498,6541,549,865
Administrative Services & Risk Management3,581,7493,884,5103,884,5104,171,954
Community Development & Housing1,503,1821,562,0461,562,0461,504,717
Police 4,261,1014,699,0694,757,4694,826,818
Police Communications572,706569,193569,193590,961
Fire 3,276,3523,269,0003,423,0003,563,971
Public Works & Streets3,441,8843,778,1783,778,1784,021,260
Transportation & Parking4,915,1925,011,161 5,061,1615,421,167
Facilities 3,428,8303,754,374 3,757,3743,798,067
Library795,620813,959 822,009832,758
Economic Development1,709,1511,779,147 1,852,647 1,659,234
Total Expenditures28,777,234 30,519,291 30,966,241 31,940,772
Revenue Over (Under) Expenditures 884,367 5,484 197,484 16,060
Transfer to Capital Projects Fund (52,000) - - -
Timber Ridge Buy-Down - (8,000,000) (8,000,000) -
2015 World Alpine Ski Championships (250,000) (250,000) (250,000) (250,000)
Pro-cycling event - (75,000) (75,000) -
Council Contributions - Tier IV - - - (75,000)
2015 Nation's Event (375,000) (375,000) (375,000) (375,000)
Vail's 50th Anniversary (350,000) - - -
Burton US Open - (400,000) (400,000) (400,000)
Total Expenditures 29,804,234 39,619,291 40,066,241 33,040,772
Surplus Net of Transfers & New Programs(142,633) (9,094,516) (8,902,516) (1,083,940)
Beginning Fund Balance23,546,285 22,327,346 23,403,652 14,501,136
Ending Fund Balance23,403,652$ 13,232,830$ 14,501,136$ 13,417,196$
EHOP balance included in ending fund balance -
not spendable 690,000$ 690,000$ 690,000$
TOWN OF VAIL 2014 PROPOSED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
GENERAL FUND
17
10/15/2013
2013
Actual
Contributions 2014 Requests
Staff
Recommendation
TIER I ‐ VAIL BRAND EVENTS
Bravo! Colorado / New York Philharmonic85,000 85,000
Bravo! Colorado / Philadelphia Orchestra85,000 85,000
Bravo! Colorado/Music Matters Education & Outreach 7,500 7,500
Bravo! Family Concert /National Repertory Orchestra1,000 1,000
Bravo! Colaboration with Vail Jazz25,000 ‐
Bravo! Piano Fellows Program3,750 ‐
Bravo! Colorado Public Broadcasts 14,850 ‐
Vail Jazz Festival (June 24‐ Sept 3 '12)70,600 70,600
Vail Valley Foundation
Vail International Dance Festival60,000 60,000
Gerald R. Ford Amphitheater (Hot Summer Nights) 27,500 27,500
Total Tier I ‐ VAIL BRAND EVENTS 336,600 43,600 336,600
TIER II ‐ EXTRAORDINARY EVENTS
Vail Valley Foundation
2015 World Alpine Ski Championships250,000 250,000
2015 Nations Event (Golden Peak)375,000 375,000
USA Pro Challenge (additional $100K VLMD)75,000 75,000
Burton US Open400,000 750,000 400,000
Total Tier II ‐ Extraordinary Events 1,100,000 750,000 1,100,000
TIER III ‐ SERVICES/EXPERTISE
Betty Ford Alpine Gardens65,620 65,620
Colorado Ski Museum 42,000 42,000
Eagle River Watershed62,000 62,000
Eagle Valley Childcare 45,000 45,000
TV580,000 80,000
Vail Valley Athlete Commission6,000 6,000
Total Tier III ‐ Services/Expetrise 300,620 ‐ 300,620
TIER IV ‐ LIFE‐LONG LEARNING
Vail Symposium ‐ 50,000 ‐
Walking Mountains Science School ‐ 20,000 ‐
Starting Hearts ‐ 15,000 15,000
Total Tier IV ‐ Life‐Long Learning ‐ 85,000 15,000
OTHER REQUESTS
Colorado Fourteeners Initiative Trail Redevelopment5,000 7,500 ‐
Red Sandstone Elementary PTO Technology Platform20,000 ‐
Vail Veteran's Program Tenth Anniversary5,000 10,000 ‐
Vail 50th DVD50,000 ‐
River Bridge Regional Center2,000 ‐
Total Other 80,000 19,500 ‐
Total Council Contributions 1,817,220 898,100 1,752,220
Funded from:
General Fund Operations589,600 148,100 524,600
General Fund Reserves1,100,000 750,000 1,100,000
Real Estate Transfer Tax Fund127,620 ‐ 127,620
Subtotal1,817,220 898,100 1,752,220
Vail Local Marketing District100,000 100,000
Total1,917,220 898,100 1,852,220
2014
18
10/15/2013
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10/15/2013
201220132014
ActualOriginalProposed
Revenue
Business Licenses332,297$ 332,000$ 332,000$
Earnings on Investments1,750 2,000 1,500
Total Revenue334,047 334,000 333,500
Expenditures
Commission on Special Events 300,000 300,000 300,000
Collection Fee - General Fund16,615 17,100 17,100
Total Expenditures316,615 317,100 317,100
Revenue Over (Under) Expenditures 17,432 16,900 16,400
Beginning Fund Balance156,543 173,975 190,875
Ending Fund Balance 173,975$ 190,875$ 207,275$
2013
2012Original20132014
ActualBudgetAmendedProposedComments
Revenue
Earnings on Investments46,890 1,200 1,200 1,200
Total Revenue 46,890 1,200 1,200 1,200
Expenditures - General Government
Ford Amphitheater Project1,257,306 - 842,694 Ford Park Amphitheater
Total Expenditures 1,257,306 - 842,694 -
Other Financing Sources (Uses)
Transfer to RETT Fund- - 6,785,000 Ford Park Fields, Golf
Clubhouse Redevelopment
Revenue Over (Under) Expenditures (1,210,416) 1,200 (7,626,494) 1,200
Beginning Fund Balance8,915,791 77,591 7,705,375 78,791
Ending Fund Balance7,705,375$ 78,791$ 78,881$ 79,991$
CONFERENCE CENTER FUND
VAIL MARKETING FUND
TOWN OF VAIL 2014 PROPOSED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
24
10/15/2013
2012201320132014
ActualOriginalAmendedProposed
Revenue
Town of Vail Interagency Charge2,751,409$ 2,934,780$ 2,934,780$ 3,011,352$
Insurance Reimbursements & Other86,508 - - -
Earnings on Investments10,993 16,084 16,084 14,650
Equipment Sales and Trade-ins 174,848 111,920 111,920 127,380
Total Revenue3,023,758 3,062,784 3,062,784 3,153,382
Expenditures
Salaries & Benefits 948,963 1,016,396 1,016,396 973,366
Operating, Maintenance & Contracts 1,420,646 1,434,948 1,434,948 1,467,074
Capital Outlay614,188 648,700 828,900 975,900
Total Expenditures2,983,796 3,100,044 3,280,244 3,416,340
Revenue Over (Under) Expenditures 39,962 (37,260) (217,460) (262,958)
Beginning Fund Balance2,270,213 2,116,145 2,310,175 2,092,715
Ending Fund Balance 2,310,175$ 2,078,885$ 2,092,715$ 1,829,757$
2012201320132014
ActualOriginalForecastProposed
Revenue
Town of Vail Interagency Charge - Premium2,884,137$ 2,903,000$ 3,082,000$ 3,170,000$
Employee Contributions434,709 440,000 495,000 545,000
Insurer Proceeds73,896 550,000 275,000 300,000
Earnings on Investments8,833 10,000 10,000 10,000
Total Revenue3,401,575 3,903,000 3,862,000 4,025,000
Expenditures
Health Inusrance Premiums420,104 480,000 490,000 612,246
HC Reform Reinsurance Fee- - - 25,000
Claims Paid3,193,950 3,500,000 3,275,000 3,450,227
Short-term Disability Pay10,297 20,000 32,000 20,000
Professional Fees20,000 20,000 20,000 20,000
Total Expenditures3,644,351 4,020,000 3,817,000 4,127,473
Revenue Over (Under) Expenditures (242,776) (117,000) 45,000 (102,473)
Beginning Fund Balance954,384 819,384 711,608 756,608
Ending Fund Balance 711,608$ 702,384$ 756,608$ 654,135$
TOWN OF VAIL 2014 PROPOSED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
HEAVY EQUIPMENT FUND
HEALTH INSURANCE FUND
25
10/15/2013
2012201320132014
ActualOriginalAmendedProposed
Revenue
E911 Board Revenue 744,156$ 801,603$ 801,603$ 776,956
Interagency Charges1,171,062 1,127,338 1,127,338 1,151,619
Town of Vail Interagency Charge572,706 569,193 569,193 590,961
Earnings on Investments7,688 10,000 10,000 8,200
Total Revenue 2,496,029 2,508,134 2,508,134 2,527,736
Expenditures
Salaries & Benefits1,707,137 1,947,887 1,947,887 1,968,386
Operating, Maintenance & Contracts 512,314 546,388 546,388 550,406
Capital Outlay276,014 20,000 177,146 -
Total Expenditures 2,495,465 2,514,275 2,671,421 2,518,792
Revenue Over (Under) Expenditures564 (6,141) (163,287) 8,944
Beginning Fund Balance799,419 463,578 799,983 636,697
Ending Fund Balance 799,983$ 457,437$ 636,697$ 645,641$
TOWN OF VAIL 2014 PROPOSED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
DISPATCH SERVICES FUND
26
10/15/2013
Ordinance No. 15, Series of 2013
ORDINANCE NO. 15
SERIES OF 2013
ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL
PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND
LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR
JANUARY 1, 2014 THROUGH DECEMBER 31, 2014
WHEREAS, in accordance with Article IX of the Charter of the Town of Vail,
Colorado, the Town Manager prepared and submitted to the Town Council a proposed
long-range capital program for the Town and a proposed budget and financial plan for all
Town funds and activities for the fiscal year; and
WHEREAS, it is necessary for the Town Council to adopt a budget and financial
plan for the 2014 fiscal year, to make appropriations for the amounts specified in the
budget; and
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail,
Colorado, that:
1. The procedures prescribed in Article IX of the Charter of the Town of Vail,
Colorado, for the enactment hereof, have been fulfilled.
2. Pursuant to Article IX of the Charter, the Town Council hereby makes the
following annual appropriations for the Town of Vail, Colorado, for its fiscal year
beginning on the first day of January, 2014, and ending on the 31st day of December,
2014:
FUND AMOUNT
General Fund $33,040,772
Capital Projects Fund 10,117,100
Real Estate Transfer Tax Fund 7,858,930
Vail Marketing Fund 317,100
Heavy Equipment Fund 3,416,340
Dispatch Services Fund 2,518,792
Health Insurance Fund 4,127,473
Total 61,396,507
Less Interfund Transfers (7,075,223)
Net Expenditure Budget 54,321,284
10/15/2013
Ordinance No. 15, Series of 2013
3. The Town Council hereby adopts the full and complete Budget and Financial
Plan for the 2014 fiscal year for the Town of Vail, Colorado, which are incorporated by
reference herein and made part hereof, and copies of said public records shall be made
available to the public in the Municipal Building of the Town. This Ordinance shall take
effect five (5) days after publication following the final passage hereof.
4. If any part, section, subsection, sentence, clause or phrase of this ordinance is
for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
5. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the
inhabitants thereof.
6. The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has
accrued, any duty imposed, any violation that occurred prior to the effective date hereof,
any prosecution commenced, nor any other action or proceedings as commenced under
or by virtue of the provision repealed or repealed and reenacted. The repeal of any
provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
7. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not
be construed to revise any bylaw, order, resolution, or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL, this 1st day of October, 2013. A public hearing shall be
held hereon on the 15th day of October, 2013, at 6:00 pm at the regular meeting of the
Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town.
______________________________
Andrew P. Daly, Mayor
ATTEST:
__________________________
Tammy Nagel, Acting Town Clerk
10/15/2013
Ordinance No. 15, Series of 2013
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN
FULL this 15th day of October 2013.
_____________________________
Andrew P. Daly, Mayor
ATTEST:
________________________________
Tammy Nagel, Acting Town Clerk
10/15/2013
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 15, 2013
ITEM/TOPIC: A final review of an appeal of a Design Review Board decision (DRB),
pursuant to Section 12-3-3C, Appeal of Design Review Board Decisions, Vail Town Code,
appealing a decision by the Design Review Board approving a design review application, with
one condition, for an outdoor public plaza at the Gerald R. Ford Park Amphitheater, located at
540 South Frontage Road East/ Unplatted, and setting forth details in regard thereto.
(DRB130424)
PRESENTER(S): George Ruther, Director of Community Development and Jack Hunn, Hunn
Consulting, LLC
ACTION REQUESTED OF COUNCIL: Uphold, Uphold with Conditions, or Overturn the
Design Review Board's decision of approval, with one condition, of design review application
DRB130424.
BACKGROUND: On September 25, 2013, an appeals form was submitted to the Community
Development Department, on behalf of the appellant, by Zehren & Associates. The appellant
is appealing the final decision of the Town of Vail Design Review Board of September 18,
2013, with respect to design review application DRB130424. A complete copy of the appeals
form, received September 25, 2013, has been attached for reference. In sum, the appellant is
not appealing the approval granted by the Design Review board. Instead, the appellant is
appealing the one condition of approval required by the Board that the new tensile fabric roof
color be Benjamin Moore HC-80, or darker.
STAFF RECOMMENDATION: The Community Development Department recommends the
Vail Town Council upholds the Design Board's decision of approval, with one condition, of
design review application DRB130424, based upon the findings of fact listed on pages 4 & 5 of
the staff memorandum, dated October 15, 2013.
ATTACHMENTS:
Amphitheater Appeal
DRB Appeal
10/15/2013
1
MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: October 15, 2013
SUBJECT: A final review of an appeal of a Design Review Board decision (DRB),
pursuant to Section 12-3-3C, Appeal of Design Review Board Decisions,
Vail Town Code, appealing a decision by the Design Review Board
approving a design review application, with one condition, for an outdoor
public plaza at the Gerald R. Ford Park Amphitheater, located at 540
South Frontage Road East/ Unplatted, and setting forth details in regard
thereto. (DRB130424)
Appellant: Vail Valley Foundation, represented by Zehren & Associates
Planner: George Ruther
______________________________________________________________________
I. SUBJECT PROPERTY
The Gerald R. Ford Park Amphitheater, is located at 540 South Frontage Road
East, Unplatted Parcels, in Vail, Colorado.
II. VAIL TOWN COUNCIL JURISDICTION
Pursuant to Section 12-3-3C-1, Appeal of Design Review Board Decisions;
Authority, Vail Town Code, the town council shall have the authority to hear and
decide appeals from any decision, determination or interpretation by the design
review board with respect to the provisions of the Title 11, Design Guidelines,
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 appellant;
B) adequacy of the notice of appeal; and
C) timeliness of the notice of appeal.
A) Standing of the Appellant
The Community Development Department has determined that the
appellant, the Vail Valley Foundation (the applicant), has standing as an
aggrieved or adversely affected person.
10/15/2013
2
Staff’s determination is based upon the following considerations:
1. The Vail Valley Foundation holds a lease with the Town of Vail for the
use of the area in question.
2. The Vail Valley Foundation submitted a complete design review
application to the Town of Vail Community Development Department for
review.
3. A public hearing was scheduled for the review of the application and
said hearing occurred following proper public notice on September 18,
2013.
4. The design review application was reviewed by the Design Review
Board consistent with the provisions of the Town’s adopted regulations.
5. The decision of the Design Review Board directly affects the applicant
and their application.
B) Adequacy of the Notice of the Appeal
An Appeals Form was filed on behalf of the appellant, by Zehren &
Associates. The Appeals Form and the materials required for its
submission have been determined to be complete by the Community
Development Department. A copy of the Public Notice of the Vail Town
Council, October 15, 2013, was sent to adjacent property owners,
pursuant to Section 12-3-3(C)(3), Procedures, Vail Town Code.
C) Timeliness of the Notice of Appeal
The Administrative Section of the Town’s Zoning Code (12-3-3C-3,
Procedures) states the following:
“A written notice of appeal must be filed with the administrator
within twenty (20) calendar days of the planning and
environmental commission's decision or the design review board's
decision or the art in public places board's decision becoming
final. If the last day for filing an appeal falls on a Saturday,
Sunday, or a town observed holiday, the last day for filing an
appeal shall be extended to the next business day. Such notice
shall be accompanied by the name and addresses (person's
mailing and property's physical) of the appellant, applicant,
property owner, and adjacent property owners (the list of property
owners within a condominium project shall be satisfied by listing
the addresses for the managing agent or the board of directors of
the condominium association) as well as specific and articulate
reasons for the appeal on forms provided by the town. The filing of
such notice of appeal will require the planning and environmental
commission or the design review board or the art in public places
board to forward to the town council at the next regularly
scheduled meeting a summary of all records concerning the
subject matter of the appeal and to send written notice to the
appellant, applicant, property owner, and adjacent property
10/15/2013
3
owners (notification within a condominium project shall be
satisfied by notifying the managing agent or the board of directors
of the condominium association) at least fifteen (15) calendar days
prior to the hearing. A hearing shall be scheduled to be heard
before the town council on the appeal within forty (40) calendar
days of the appeal being filed. The town council may grant a
continuance to allow the parties additional time to obtain
information. The continuance shall be allowed for a period not to
exceed an additional thirty (30) calendar days. Failure to file such
appeal shall constitute a waiver of any rights under this chapter to
appeal any interpretation or determination made by the planning
and environmental commission or the design review board or the
art in public places board.”
An Appeals Form was filed with the Community Development Department
within the twenty (20) day requirement. A hearing was scheduled to be
heard before the town council on the appeal within forty (40) calendar
days of the appeal being filed.
IV. NATURE OF THE APPEAL
On September 25, 2013, an appeals form was submitted to the Community
Development Department, on behalf of the appellant, by Zehren & Associates.
The appellant is appealing the final decision of the Town of Vail Design Review
Board of September 18, 2013, with respect to design review application
DRB130424. A complete copy of the appeals form, received September 25,
2013, has been attached for reference. In sum, the appellant is not appealing
the approval granted by the Design Review board. Instead, the appellant is
appealing the one condition of approval required by the Board that the new
tensile fabric roof color be Benjamin Moore HC-80, or darker.
V. REQUIRED ACTION
To Uphold/Overturn/Modify the DRB decision.
Section 12-3C-5, Findings:
“The Town Council shall on all appeals make specific findings of fact
based directly on the particular evidence presented to it. These findings of
fact must support conclusions that the standards and conditions imposed
by the requirements of this Title have or have not been met.”
VI. STAFF RECOMMENDATION
The Community Development Department recommends the Vail Town Council
upholds the decision of the Design Review Board of September 18, 2013, which
approved a motion for approval, with one conditions, (4-0), for a design
application for an outdoor public plaza at the Ford Park Gerald R. Ford
Amphitheater located at 540 South Frontage Road East/ Unplatted, and setting
forth details in regard thereto. (DRB130424)
10/15/2013
4
In accordance with the information presented in this memorandum, and the
exhibits attached hereto, staff recommends the Vail Town Council makes the
following finding of facts based upon the evidence and testimony presented:
• The Gerald R. Ford Park Amphitheater is located at 540 South
Frontage Road East in Vail, Colorado, and zoned General Use (GU)
according to the Official Zoning Map of the Town of Vail.
• A public plaza (lobby) is an accessory use to an amphitheater and
customary, incidental and necessary to the operation thereof.
• A public plaza (lobby) is allowed in the General Use zone district and
subject to the Town’s adopted Design Guidelines prescribed in
Chapter 11, Design Review, Title 12, Zoning Regulations, Vail Town
Code.
• The Design Guidelines were duly adopted by the Vail Town Council,
in the best interest of the community as a whole, and are the
established criteria for which all design review applications shall be
evaluated.
• The applicable criteria for evaluation of a tensile fabric roof material
application are contained in Section 14-1-5F-3(a)&(c), Roofing
Materials, of the Vail Town Code.
• Section 14-1-5F-3(a)&(c), Roofing Materials, of the Vail Town Code,
states,
“The use of any roofing material, including those not specifically
identified by this section, shall only be permitted, unless otherwise
prohibited by this code, where the design review board finds:
a. That the proposed material is satisfactory in general
appearance, quality over time, architectural style, design, color, and
texture, and
c. That the use of the proposed material is compatible with the
structure, site, surrounding structures, and overall character of the
Town of Vail.”
• Upon evaluation of the proposed design review application, the
Design Review Board found that the proposed roof material complied
with the requisite criteria; however, the Board further found that the
material color (white) did not comply with the adopted criteria.
• The finding of the material color (white) being non-compliant was
based upon the following factors:
1. White is not a natural, earth tone color as contemplated by the
Town’s adopted Design Guidelines and consistently applied since
their adoption.
2. The Design Board has denied other requests for white roof material
colors.
3. A white colored roof is neither satisfactory in appearance, nor is it
compatible with the structure, site, surrounding structures and overall
character of Vail.
10/15/2013
5
4. A site visit to the proposed development site revealed to the DRB
that the public plaza roof is highly visible from Vail Valley Drive due to
the substantial change in elevation.
• In approving the application with one condition, the Board found that
the color Benjamin Moore HC-80, or darker, complies with Town’s
adopted Design Guidelines.
• The absence of a list of prescriptive or required roof colors in the
design guidelines does not make the Board’s decision subjective as
the decision was made in the context of the design guidelines as a
whole.
• The criteria for review for exterior wall colors and roof material colors
are two separate and distinct provisions of the design guidelines, thus
what may be deemed a compatible color for exterior walls may not be
deemed compatible for roof materials.
• The 2012 Ford Park Management Plan Update states, in part,
“Portions of the social courtyard are envisioned to be covered by
a roof feature to shelter patrons from rain during inclement
weather and provide shade during sunny days. In this case
consideration should be given to the relationship of this structure
to surrounding improvements and to how important view sheds
can be maintained.”
The Board’s condition of approval requiring that the roof material color
match the stucco on the amphitheater building ensures that this
master plan objective is achieved.
• The Design Review Board appropriately and objectively evaluated the
proposed design review application consistent with the purpose and
intent of the Town’s adopted Design Guidelines.
VII. EXHIBITS
The exhibits outlined below have been attached to the memorandum for the
purposes of making a determination on the appeal. These exhibits help establish
the public record of the development review process and the proceedings to
date. The information provided within the exhibits may be used by staff and the
appellant, as needed, during the course of the appeals proceedings.
A. Appeals Form, stamped received September 25, 2013.
B. Confirmation of Request for an Appeal Hearing with the Town Council, dated
September 23, 2013, from Hunn Consulting Group, LLC.
C. Nature of Appeal Letter, dated September 24, 2013. (Appeal of conditions
of approval from the Design Review Board of September 18, 2013)
10/15/2013
Department of Community Development
75 South Frontage Road
Vail, CO 81657
Tel: 970-479-2128
www.vailgov.com
Development Review Coordinator
Application for Design Review
New Construction
General Information: This application is for all new construction. Applicable Vail Town Code sections can be
found at www.vailgov.com under Vail Information – Town Code Online. All projects requiring design review
must receive approval prior to submitting a building permit application. An application for Design Review
cannot be accepted until all required information is received by the Community Development Department, as
outlined in the submittal requirements. The project may also need to be reviewed by the Town Council and/or
the Planning and Environmental Commission. Design review approval expires one year from the date of
approval, unless a building permit is issued and construction commences.
Fee: $650
Single Family Duplex Multi-FamilyCommercial
Description of the Request:
Physical Address:
Parcel Number: (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Property Owner:
Mailing Address:
Phone:
Owner’s Signature:
Primary Contact/ Owner Representative:
Mailing Address:
Phone:
E-Mail: Fax:
For Office Use Only:
Cash___ CC: Visa / MC Last 4 CC # ________ Exp. Date: ________ Auth # _________ Check # ___________
Fee Paid: Received From:
Meeting Date: DRB No.:
Planner: Project No.:
Zoning: Land Use:
Location of the Proposal: Lot: Block: Subdivision:
✔
Phase 2 Improvements to the Gerald R. Ford Amphitheater
540 S. Frontage Road East/Unplatted
210108000002
The Town of Vail and The Vail Valley Foundation
75 S. Frontage Road, Vail CO 81657 (Town of Vail) and 90 Benchmark Road, Suite 300, Avon, CO
81620 (Vail Valley Foundation)(866) 650-9020 and (970) 777-2015
David Baum, Zehren and Associates
PO Box 1976, Avon, CO 81620
(970) 949-0257
davidb@zehren.com(970) 949-1080
waived-non-profit organization
By David Rhoades at 2:44 pm, Sep 12, 2013
WAIVED
DRB130424
PRJ13-0389
UNPLATTED
09/18/2013
GEORGE RUTHER
10/15/2013
10/15/2013
HUNN CONSULTING GROUP, LLC
PO BOX 1095 / VAIL, CO 8165 -970-390-4537 -jack@hunnconsultinggroup.com
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10/15/2013
ZEHREN
AND ASSOCIATES
ARCHITECTURE x PLANNING x INTERIORS
P.O. Box 1976 x Avon, CO 81620 x (970) 949-0257 x FAX (970) 949-1080 x vail@zehren.com
101 El Paseo. x Santa Barbara, CA 93101 x (805) 963-6890 x FAX (805) 963-8102 x santabarbara@zehren.com
www.zehren.com
Tuesday, September 24, 2013
Town of Vail
Community Development Department
75 South Frontage Road
Vail, Colorado 81657
Re: Appeal of conditions of approval from Design Review Board of September 18, 2013
Members of the Vail Town Council:
On behalf of theVail Valley Foundation and the Town of Vail, Zehren and Associates respectfully
submits this letter of appeal to remove the condition of approval that amends theTown of Vail
Design Review Board’s 3-0 decision, rendered at their meeting of September 18, 2013. The DRB’s
condition requires a custom color for the canopy tensile fabric membrane proposed atthe
Phase 2 Ford Park Gerald R. Ford Amphitheater improvements, instead of the neutral white color
that is proposed by the Vail Valley Foundation. The applicants believe the DRB’s condition is
detrimental to the projectand adversely affects the ability to meet the intended operational,
functional and aesthetic objectives for the lobby spacein a manner befittinga world class
facility appropriate for the Town of Vail.
According to the Town Code, the application was to be evaluated based upon the criterion
outlined inChapter 11: Design Review: 12-11-6 Park Design Guidelines and Title 14 –
Development Standards, Chapter 10: Design Review Standards. An application that satisfies
these criteria should be approved by this Board.
We believe that this application proved to satisfy all the criteria enumerated in these titles and
chapters. The Design Review Board agrees with this position citing only a singleexception by
requiring the addition of color to the tensile fabric material which is proposed in the neutral off-
white color, typical of the vast majority of similar installations world-wide.It is our opinion that he
Board applied a fair and accurate review of the project with only two exceptions. Those
exceptions are the basis of this appeal. Specifically, we believe:
A.The criteria for approval of a roof material isenumerated in Title 14, Chapter 10, Section 14-
10-5 Building Materials and Design, Item F, Number 3 Roofing Material. Here, the Town Code
states that to be approved, the Design Review Board must find that:
“the proposed material is satisfactory in…color”.
This is a subjective, not prescriptive requirement as we can find nolisting of approved or
recommended roof colorscontainedin the Town Code.
B.In the absence of prescriptive criteria for evaluating the color of a roofing material, we
believe the Boardquoted Title 14, Chapter 10, Section 14-10-5 Building Materials and Design,
Item C. Here, the Town Code states that:
“Exterior wall colors should be compatible with the site and surrounding buildings.
Natural colors (earth tones found within the Vail area) should be utilized.”
10/15/2013
ARCHITECTURE x PLANNING x INTERIORS
P.O. Box 1976 x Avon, CO 81620 x (970) 949-0257 x FAX (970) 949-1080 x vail@zehren.com
101 El Paseo. x Santa Barbara, CA 93101 x (805) 963-6890 x FAX (805) 963-8102 x santabarbara@zehren.com x www.zehren.com
The word “roof” does not appearin this paragraph. This criteria applies specifically and
exclusively to “exterior wall colors”and therefore cannotbe utilized as an evaluation criteria
for approval of aroof material.
As a proceduralmatter, we do not believe that these criteria should be subjectively combined
and interpretedto create a condition of approval with regard tothe color of the tensile
structure membrane. An evaluationofthis material must be contained to the prescriptive
criteria outlined in the Town Code; currently suchcriteriondoes notexist.
As a practicalmatter, this application must be evaluated on common ground with those
applications that have previously come before the Town of Vail. Despite the Boards expressed
opinion that off-white is not a natural, earth tone, apredominantnumberof buildings within Vail
utilize similar shades ofoff-white as a finishstucco colorfor exterior walls. Byrecognizing the
previousapplicationof these guidelines, it stands to reason that the Town historically views off-
white as a natural, earth tone and therefore the original choice of color is acceptablewithin this
criterion. Alternatively, many existing buildings do not comply with the Town Code.
Finally, the tensile membrane was chosen for a variety of technical and aesthetic reasons. To
our knowledge (after almost a full year of research and design) a solution that meets these
performancerequirementsand desiresof the Vail Valley Foundation and includes a custom
color as stipulated as a condition of approval simply does not exist. Sucha product is
technically infeasible. The Boards conditionof approvalresultsin a structure that witnesses
reduced performance, reducedaesthetics accompanied by increasedwaste and substantially
increased costs.
We look forward to speaking with you toaddress these issues in further detail at your regularly
scheduled meeting on October 15, 2013. Thank you for your consideration of these matters.
Sincerely,
David Baum, AIAPedro Campos
Architect, LEED AP Land Planner/Landscape Architect
Zehren and AssociatesZehren and Associates
10/15/2013
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10/15/2013
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 15, 2013
ITEM/TOPIC: Resolution No. 13, Series of 2013, A Resolution Approving a Timber Ridge
Pre-Development Agreement; and Setting Forth Details in Regard Thereto.
PRESENTER(S): Matt Mire
ACTION REQUESTED OF COUNCIL: Approve, amend or deny Resolution No. 13, Series of
2013.
BACKGROUND: The Town of Vail (Town) is the owner of certain real property generally
described as the eastern half of the Timber Ridge property (Property). To accomplish the
redevelopment of the Property consistent with the Housing zone district, the Town desires to
enter into a Pre-Development Agreement (the “Agreement”) with its selected developer.
ATTACHMENTS:
Resolution No 13 Series of 2013
10/15/2013
Resolution No. 13, Series 2013
RESOLUTION NO. 13
Series of 2013
A RESOLUTION APPROVING A TIMBER RIDGE PRE-DEVELOPMENT
AGREEMENT; AND SETTING FORTH DETAILS IN REGARD THERETO
WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Town Charter (the “Charter”);
WHEREAS, the members of the Town Council of the Town (the “Council”) have
been duly elected and qualified;
WHEREAS, the Town is the owner of certain real property generally described as
the eastern half of the Timber Ridge property (the “Property”);
WHEREAS, the Town desires to redevelop the Property consistent with the
Housing zone district; and
WHEREAS, to accomplish the redevelopment of the Property the Town desires to
enter into a Pre-Development Agreement (the “Agreement”) with its selected developer
in the form attached hereto as Exhibit A.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Council hereby approves the Agreement and authorizes the
Town Manager to enter into the Agreement on behalf of the Town in substantially the
same form as attached hereto as Exhibit A and in a form approved by the Town
Attorney.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 15th day of October, 2013.
_________________________
Andrew P. Daly
Town Mayor
ATTEST:
_____________________________
Tammy Nagel,
Acting Town Clerk
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PRE-DEVELOPMENT AGREEMENT
THIS PRE-DEVELOPMENT AGREEMENT (the "Agreement") is made this ______ day of
_______________, 2013 (the "Effective Date"), by and between the Town of Vail, Colorado, a
Colorado home rule municipality, (the "Town") and _________________, a __________________
("Developer"), (individually a "Party" and collectively the "Parties").
WHEREAS, the Town is the owner of certain real property generally described as the eastern
half of the Timber Ridge property and more particularly described in Exhibit A attached hereto and
incorporated herein by this reference (the "Property");
WHEREAS, the Parties desire to redevelop the Property consistent with the Housing zone
district;
WHEREAS, to accomplish the redevelopment of the Property, the Town would retain fee
ownership of the Property, but would provide Developer with a long-term ground lease of the
Property; and
WHEREAS, the Parties wish to establish terms of the development of the Property.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows:
1. Exclusive Option. During the term of this Agreement and subject to all of its terms,
Developer shall have the exclusive option to redevelop the Property for employee housing as
provided in this Agreement.
2. Parameters of Development. The redevelopment of the Property (the "Development")
shall be subject to the execution of a mutually acceptable development improvement agreement
("DIA"). The Development shall meet the following parameters, which shall be further detailed and
refined in the DIA:
a. The Development shall at all times be subject to the Vail Town Code.
b. The Town shall provide the Developer with a long-term ground lease of the
Property, with a term of thirty-five (35) years (the "Ground Lease"). The rent shall be one
dollar ($1.00) per year, and there shall be no security deposit. The form of the Ground Lease
must be mutually acceptable to the Town and Developer. All improvements constructed on
the Property shall be owned by Developer; provided that, Developer may grant to the Town
or its housing authority an interest in Developer, which percentage interest shall be the
minimum percentage allowable under Colorado law to obtain property tax exemption on the
Property and all improvements.
c. Upon termination of the Ground Lease, Developer shall surrender to the
Town, free and clear of all debt and other encumbrances, all improvements, inclusions,
fixtures, equipment and other appurtenances on the Property in good condition and repair.
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d. The Development shall include at least one hundred four (104) dwelling units.
At least seventy percent (70%) of the dwelling units in the Development shall be employee
housing units , as the term "employee" is defined in Section 12-2-2 of the Vail Town Code.
e. Except as otherwise expressly provided herein, Developer shall be solely
responsible for all improvements on the property, including construction, maintenance and
repairs. Developer shall be solely responsible for all expenses of operating the Property,
including insurance and utility costs.
f. The Ground Lease shall be for the Property "as is," though the Town has no
actual knowledge of the presence of any hazardous materials or other adverse environmental
conditions on the Property.
g. Developer may convey equity interests in its limited liability company entity
without the Town's consent, provided that any assignment of this Agreement or any rights or
obligations hereunder shall be subject to Section 13 hereof.
h. The Property shall be subject to a deed restriction (the "Deed Restriction")
requiring at least seventy percent (70%) of the dwelling units in the Development to be
employee housing units capable of housing employees, as the term "employee" is defined in
Section 12-2-2 of the Vail Town Code. The form of such Deed Restriction must be mutually
acceptable to the Town and Developer.
i. Developer shall be solely responsible to procure financing for the
Development. Developer may encumber its leasehold interest in the Ground Lease in
connection with the initial financing for the Development and any refinancing during the
term of the Ground Lease. If a lender (whether the initial lender or a lender in connection
with any refinancing) requires the Town to subordinate its fee interest in the Property to the
lender's mortgage, the Town will do so provided that: (a) at all times the Deed Restriction
shall be first and prior to the mortgage; and (b) the Town shall have a first and prior right to
cure any deficiency to protect its fee interest in the Property. If Developer wishes to use
federal funds for the Development, it shall be Developer's sole responsibility to procure such
funds.
j. Developer shall conduct at least one pre-application conference with the
Town Council prior to submitting its initial application for the Development. Such pre-
application conference is an opportunity for Developer to hear comments from the Town
Council concerning the Development, but the Town shall not be bound by any such
comments, and any reliance on such comments shall be at Developer's own risk.
k. Developer shall submit to the Town a development application for the
Development on or before November 30, 2013. The development application must be
consented to and signed by the Town, because the Town will remain the fee owner of the
Property.
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l. At no time shall the Development eliminate access to or the ability to safely
occupy or operate the Timber Ridge housing units currently existing on the real property
adjacent to the Property, as more particularly described on Exhibit B, attached hereto and
incorporated herein by this reference (the "Adjacent Property"), and the Ground Lease shall
provide the Town with unrestricted access to the Adjacent Property at all times.
m. Developer shall be responsible for construction of any public improvements
necessary for the Development, including streets, sidewalks and utilities.
n. Income from the Development shall be distributed in the following order of
priority:
(1) To pay all Development costs and operating and maintenance
expenses, including without limitation property management fees and the
Development Fee described in Section 3 hereof.
(2) To pay principal and interest on Development debt.
(3) To fund any reserves required by any lender related to the
Development (each a "Lender Reserve").
(4) To pay the required return on investment to any equity investors in the
Development.
(5) To fund a project reserve (the "Project Reserve"), which shall be used
for any shortfalls in subsections (1)-(4) above. Upon termination of the Ground
Lease, if any amounts remain in the Project Reserve or any Lender Reserve, such
amounts shall be remitted to the Town.
(6) In the event all Lender Reserves are fully funded in the amount
required by the lender, and the amount of the Project Reserve is at least $150,000,
any amount in excess of $150,000 shall be distributed fifty percent (50%) to the
Town and fifty percent (50%) to the Developer.
3. Development Fee. Developer shall be entitled to a development fee (the
"Development Fee") in connection with its development of the Property. The amount of the
Development Fee shall not exceed the maximum development fee allowed by the Colorado Housing
and Finance Authority under its qualified allocation plan adopted on October 25, 2012 and approved
by the governor on January 16, 2013. The Development Fee may be paid from any Project sources
including, without limitation, debt proceeds, equity proceeds, and income from the Development.
4. Town Obligations.
a. The Town shall be responsible for all costs associated with any necessary
rockfall mitigation.
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b. The Town shall work with Developer and the Colorado Department of
Transportation ("CDOT") to resolve roadway issues related to the Development; provided
that Developer shall be responsible for the cost of any additional turn lanes on the Frontage
Road necessitated by the Development.
c. The Town shall grant to Developer, for the benefit of the Property, easements
across the Adjacent Property that are mutually determined to be necessary for the
Development; including without limitation utility, drainage, and access easements; provided,
however, that no such easements will have a material adverse effect on the operation of the
Adjacent Property.
d. The Town shall cause any existing liens and encumbrances on the Property to
be released in order to facilitate Developer's financing.
e. The Town shall refund seventy percent (70%) of all amounts paid by the
Developer for the Town's construction and building materials use tax applicable to the
Property. Developer shall be responsible for all demolition and building permit fees for
permits issued by the Town in connection with the Development. In addition, the Town shall
impose typical and customary plan review fees for review of all plans for the Property, and
Developer shall be responsible for payment of such fees.
f. The Town shall use its best efforts to help Developer obtain an exemption
from property taxes for the Development from all taxing authorities. To the extent the
Property is not tax-exempt, the Town shall refund seventy percent (70%) any property taxes,
net of the Eagle County Treasurer's fee, collected by the Town on the Property or
improvements thereon; provided that this refund obligation shall expire ten (10) years from
the Effective Date.
5. Due Diligence. During the term of this Agreement, Developer shall conduct all due
diligence necessary to determine whether the Property is suitable for the Development, at
Developer's sole cost.
6. Term and Termination. This Agreement shall commence upon the Effective Date and
terminate on August 15, 2014 (unless such date is extended by mutual agreement of the Parties);
provided that Developer may terminate this Agreement earlier than such date upon thirty (30) days
written notice to the Town.
7. Costs. Except as otherwise set forth herein, each Party shall be responsible for its
own costs under this Agreement.
8. Modification. This Agreement may only be modified by subsequent written
agreement of the Parties.
9. Integration. This Agreement and any attached exhibits constitute the entire agreement
between Developer and the Town, superseding all prior oral or written communications.
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10. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, successors and assigns.
11. Severability. If any provision of this Agreement is determined to be void by a court
of competent jurisdiction, such determination shall not affect any other provision hereof, and all of
the other provisions shall remain in full force and effect.
12. Governing Law and Venue. This Agreement shall be governed by the laws of the
State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle
County, Colorado.
13. Assignment. There shall be no transfer or assignment of any of the rights or
obligations of Developer under this Agreement without the prior written approval of the Town.
14. Third Parties. There are no intended third-party beneficiaries to this Agreement.
15. Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado Constitution, any
financial obligations of the Town under this Agreement are specifically contingent upon annual
appropriation of funds sufficient to perform such obligations. This Agreement shall never constitute
a debt or obligation of the Town within any statutory or constitutional provision.
16. No Joint Venture. Notwithstanding any provision hereof, the Town shall never be a
joint venture in any private entity or activity which participates in this Agreement, and the Town
shall never be liable or responsible for any debt or obligation of any participant in this Agreement.
WHEREFORE, the parties hereto have executed this Agreement on the day and year first
above written.
TOWN OF VAIL, COLORADO
____________________________________
Stan Zemler, Town Manager
ATTEST:
_________________________________
Lorelei Donaldson, Town Clerk
APPROVED AS TO FORM:
_________________________________
J. Matthew Mire, Town Attorney
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DEVELOPER
By:
Name:
Its:
STATE OF COLORADO )
) ss.
COUNTY OF _______________ )
The foregoing instrument was subscribed, sworn to, and acknowledged before me this
______ day of ________________________, 2013, by _________________________ as the
_______________________ of _______________.
My commission expires:
(S E A L) _____________________________________
Notary Public
10/15/2013
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 15, 2013
ITEM/TOPIC: First reading of Ordinance No. 13, Series of 2013, an ordinance repealing and
reenacting the approved development plan for Phase IV of Special Development District No. 6,
Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to
allow for an increase in the allowable gross residential floor area (GRFA), located at 16 Vail
Road (The Sebastian)/ a portion of lots M, N, and O, Block 5D, Vail Village Filing 1, and setting
forth details in regard thereto.
PRESENTER(S): Warren Campbell, Community Development Department and Dominic
Mauriello, Mauriello Planning Group
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with
modifications, or deny Ordinance No. 13, Series of 2013, upon first reading.
BACKGROUND: On September 23, 2013, the Planning and Environmental Commission
forwarded a recommendation of approval, with conditions, to the Vail Town Council for a major
amendment to SDD No. 6, Vail Village Inn, to increase the allowable GRFA for Phase IV,
with a vote of 5-1-0.
STAFF RECOMMENDATION: The Planning and Environmental Commission recommends
the Vail Town Council approves, with conditions, Ordinance No. 13, Series of 2013, upon first
reading.
ATTACHMENTS:
Ordinance No 13 Series of 2013 Memorandum
Ordinance No 13 Series of 2013
PEC Memorandum and Attachments Part 1
PEC Memorandum and Attachments Part 2
PEC Memorandum and Attachments Part 3
Applicant's Power Point
10/15/2013
TO: Vail Town Council
FROM: Community Development Department
DATE: October 15, 2013
SUBJECT: First reading of Ordinance No. 13, Series of 2013, an ordinance repealing and
reenacting the approved development plan for Phase IV of Special Development
District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment
Procedures, Vail Town Code, to allow for an increase in the allowable gross
residential floor area (GRFA), located at 16 Vail Road (The Sebastian) / a portion
of lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in
regard thereto. (PEC130021).
Applicant: AMPH, LLC, represented by Mauriello Planning Group
Planner: Warren Campbell
I. SUMMARY
The applicant, AMPH, LLC, represented by Mauriello Planning Group, is requesting a
first reading of Ordinance No. 13, Series of 2013, an ordinance repealing and
reenacting the approved development plan for Phase IV of Special Development District
No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail
Town Code, to allow for an increase in allowable GRFA, located at 16 Vail Road (The
Sebastian) / a portion of lots M, N, and O, Block 5D, Vail Village Filing 1, and setting
forth details in regard thereto.
II. ACTION REQUESTED OF THE TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance
No. 13, Series of 2013, upon first reading.
III. BACKGROUND
On August 26, 2013, the Planning and Environmental Commission held a work session
on the proposal to add approximately 691 square feet of GRFA to the penthouse unit.
The Commission offered comment on the proposal with regard to the need to evaluate
the proposal pursuant to the criteria, the north elevation, and the limited visibility of the
proposed expansion.
On September 9, 2013, the Planning and Environmental Commission held a public
hearing on the request for a recommendation on a major amendment to add GRFA to 10/15/2013
Town of Vail Page 2
the existing penthouse unit. A motion for approval failed and a subsequent motion to
table the request was approved. The Commission gave direction to review the roof
forms and address the concerns stated in the staff memorandum with regard to staff’s
response to Criterion 1.
On September 23, 2013, the Planning and Environmental Commission forwarded a
recommend of approval, with conditions, to the Vail Town Council for a major
amendment to SDD No.6, Vail Village Inn, to increase the allowable GRFA for Phase
IV, with a vote of 5-1-0.
This recommendation was based upon the review of the criteria outlined in the
September 23, 2013 memorandum to the Planning and Environmental Commission,
and the evidence and testimony presented.
IV. DEVELOPMENT STATISTICS
Should Ordinance No. 13, Series of 2013 be approved, the development statistics in
Phase IV (The Sebastian) will change as follows:
Development Standard Approved/ Existing Proposed Change
Density
-Dwelling Units
-Fractional Fee Units
-Accommodation Units
2 DU
49 FFU
100 AU
2 DU
49 FFU
100 AU
No change
No change
No change
Gross Residential
Floor Area (GRFA)
-AU & FFU (>70%)
-DU (<30%)
TOTAL
97,788 sq ft (94%)
6,136 sq ft (6%)
103,924 sq ft
97,788 sq ft (93.3%)
6,975 sq ft (6.7%)
104,763 sq ft
No change
+839 sq ft
+839 sq ft
Parking 212.39 spaces
required (round to
213 spaces)
218 spaces existing
212.39 spaces
required (round to
213 spaces)
218 spaces existing
No change
V. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION
Should the Vail Town Council choose to approve Ordinance No. 13, Series of 2013,
upon first reading, the Community Development Department recommends the Council
passes the following motion:
“The Vail Town Council approves Ordinance No. 13, Series Of 2013, an
ordinance repealing and reenacting the approved development plan for
Phase IV of Special Development District No. 6, Vail Village Inn, pursuant
to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow
for an increase in the allowable gross residential floor area(GRFA),
located at 16 Vail Road (The Sebastian) / a portion of lots M, N, and O,
Block 5D, Vail Village Filing 1, and setting forth details in regard thereto.”
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Town of Vail Page 3
Should the Vail Town Council choose to approve Ordinance No. 13, Series of 2013, the
Community Development Department recommends the Council applies the following
condition:
“1. This SDD major amendment approval is contingent upon the applicant
obtaining Town of Vail approval of the associated design review application.
2. The applicant shall mitigate the employee generation impact created by
the addition of 839 square feet of GRFA in accordance with the provisions of
Chapter 12-24, Inclusionary Zoning, Vail Town Code.
3. The applicant shall receive and submit in conjunction with the building
permit, all applicable Colorado Department of Transportation approvals for all
impacts to the South Frontage Road East, including construction staging.
4. The applicant shall amend the recorded condominium map to reflect the
increase in floor area and space designation, prior to requesting a planning
certificate of occupancy inspection.
5. At the discretion of the Design Review Board, the roof form above the
penthouse upper floor deck can be increased to be greater than an 18 inch
eave overhang.”
Should the Vail Town Council choose to approve Ordinance No. 13, Series of 2013, the
Community Development Department recommends the Council makes the following
findings:
“Based upon the review of the criteria outlined in the September 23, 2013
memorandum to the Planning and Environmental Commission, and the
evidence and testimony presented, the Vail Town Council finds:
1. That the amendments are consistent with the adopted goals, objectives
and policies outlined in the Vail comprehensive plan and compatible with
the development objectives of the town.
2. That the amendments are compatible with and suitable to adjacent uses
and appropriate for the surrounding areas.
3. That the amendments promote the health, safety, morals, and general
welfare of the town and promote the coordinated and harmonious
development of the town in a manner that conserves and enhances its
natural environment and its established character as a resort and
residential community of the highest quality.”
VI. ATTACHMENTS
A. Ordinance No. 13, Series of 2013
B. PEC memorandum dated September 23, 2013
C. Applicant’s Power Point Presentation
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Ordinance No. 13, Series of 2013 first reading 1
ORDINANCE NO. 13
Series of 2013
AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 16, 2004 WHICH
ADOPTED THE APPROVED DEVELOPMENT PLAN FOR PHASE IV OF SPECIAL
DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PURSUANT TO SECTION 12-9A-10,
AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW AN INCREASE IN
ALLOWBALE GROSS RESIDENTIAL FLOOR AREA, LOCATED AT 16 VAIL ROAD (THE
SEBASTIAN) / A PORTION OF LOTS M, N, AND O, BLOCK 5D, VAIL VILLAGE FILING 1,
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, 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; and
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified; and
WHEREAS, Ordinance No. 16, Series of 2004, established the approved
development plan for Phase IV (The Sebastian) of Special Development District No. 6,
Vail Village Inn; and
WHEREAS, Ordinance No. 7, Series of 2012, amended the approved
development plan for Phase IV (The Sebastian) of Special Development District No. 6,
Vail Village Inn, to increase the allowable number of dwelling units from one (1) to two
(2); and
WHEREAS, amendments to a Special Development District are permitted
pursuant to the parameters set forth for such in Section 12-9A-10, Vail Town Code; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail
held a public hearing on September 23, 2013 to consider the proposed amendment in
accordance with the provisions of the Vail Town Code and forwarded a
recommendation of approval, with conditions, to the Vail Town Council by a vote of 5-1-
0; and
WHEREAS, the Vail Town Council finds that the proposed amendment to
Special Development District No. 6, complies with the review criteria outlined in Section
12-9A-8, Vail Town Code, and that the applicant has demonstrated that any adverse
effects of the requested deviations from the development standards of the underlying
zoning are outweighed by the public benefits provided; and
WHERAS, the Town Council finds that the special development district
amendment does comply with the standards listed Article 12-9A, Special Development
District, or that a practical solution consistent with the public interest has been
achieved; and
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Ordinance No. 13, Series of 2013 first reading 2
WHEREAS, the Vail Town Council finds that the special development district
amendment is consistent with the adopted goals, objectives and policies outlined in the
Vail comprehensive plan and compatible with the development objectives of the town;
and
WHEREAS, the Vail Town Council finds that the special development district
amendment is compatible with and suitable to adjacent uses and appropriate for the
surrounding areas; and
WHEREAS, the Vail Town Council finds that the special development district
amendment does promote the health, safety, morals, and general welfare of the town
and promotes the coordinated and harmonious development of the town in a manner
that conserves and enhances its natural environment and its established character as a
resort and residential community of the highest quality; and
WHEREAS, the Vail Town Council finds that temporary approval of this
amendment will have no negative effect on parking since the existing penthouse
dwelling unit can not yet be occupied; and
WHEREAS, the approval of this special development district amendment, and
the development standards in regard thereto, shall not establish precedence or
entitlements elsewhere within the Town of Vail.
WHEREAS, all notices as required by the Town of Vail Municipal Code have
been sent to the appropriate parties; and
WHEREAS, the Vail Town Council considers it in the best interest of the public
health, safety, and welfare to amend the development plan for Phase IV (The
Sebastian) of Special Development District No. 6, Vail Village Inn.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. PURPOSE
The purpose of this ordinance is to repeal and reenact Ordinance No 16, Series of 2004
to amend the approved development plan for Phase IV of Special Development District
No. 6 to increase the allowable gross residential floor area (GRFA). The increase in
allowable GRFA will result in and addition to the penthouse dwelling unit.
Ordinance No. 16, Series of 2004, is hereby amended as follows (all additions are
illustrated with bold italics, deletions are illustrated with strikethrough, and text not
affected has been omitted):
Section 2. AMENDMENT PROCEDURES FULFILLED, PLANNING COMMISSION
REPORT
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Ordinance No. 13, Series of 2013 first reading 3
The approval procedures described in Article 12-9A of the Vail Municipal Code have been
fulfilled, and the Vail Town Council has received the recommendation of the Planning and
Environmental Commission for a major amendment to the Approved Development Plan
for Special Development District No. 6, Vail Village Inn Phase IV, The Sebastian (Vail
Plaza Hotel)
Section 3. SPECIAL DEVELOPMENT DISTRICT NO. 6
The Special Development District and the major amendment to the Approved
Development Plan for Phase IV are established to assure comprehensive development
and use of the area in a manner that would be harmonious with the general character of
the Town, provide adequate open space and recreational amenities, and promote the
goals, objectives and policies of the Vail Comprehensive Plan. Special Development
District No. 6 is regarded as being complementary to the Town of Vail by the Vail Town
Council and the Planning and Environmental Commission, and has been established
since there are significant aspects of the Special Development District that cannot be
satisfied through the imposition of standard Public Accommodation zone district
requirements.
Section 4. DEVELOPMENT STANDARDS – SDD No. 6, Vail Village Inn, Phase IV,
The Sebastian
Development Plan –
The approved development plan for SDD No. 6, Vail Village Inn, Phase IV, The Sebastian
shall include the following plans and materials prepared by Zehren and Associates Inc.,
dated July 6, 2004 and stamped approved by the Town of Vail , dated July 20, 2004:
(as may be further amended by the Town of Vail Design Review Board)
A. Site Illustrative Plan
B. Site Vignettess Key Plan (noted for “illustration purposes only”)
C. Site Vignettes
D. Site Plan (revised)
E. Level Minus Two
F. Level Minus One
G. Level Zero
H. Level One
I. Level One & ½
J. Level Two
K. Level Three
L. Level Four
M. Level Five
N. Level Six
O. Roof Plan
P. Roof Plan (Mechanical Equipment)
Q. Street Sections (Vail Road Elevation/North Frontage Road Elevation)
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Ordinance No. 13, Series of 2013 first reading 4
R. Plaza Section (South Plaza Elevation/East Plaza Elevation)
S. Building A Elevations
T. Building A Sections
U. Building B Elevations
V. Building B Sections
W. Building Height Plan 1 (Absolute Heights/Interpolated Contours)
X. Building Height Plan 2 (Maximum Height Above Grade/Interpolated
Contours)
Y. Pool study (Pool Sections)
Z. Vail Road Setback Study
AA. Loading and Delivery Plan
BB. Street Entry Studies (Vail Road/South Frontage Road)
CC. Sun Study
DD. Landscape Improvement Plan
EE. Off-site Improvements Plan
Amended plans prepared by Poss Architecture and Planning, dated September 17,
2013 and stamped approved by the Town of Vail September 23, 2013 (as may be
further amended by the Town of Vail Design Review Board)
A. Main Level Floor Plan
B. Upper Level Floor Plan
C. Existing Roof Plan
D. Proposed Roof Plan
E. Floor Plans Lower Level – Area Calculations
F. Floor Plans Upper Level – Area Calcualtions
G. Existing North Elevation
H. Proposed North Elevation
I. North Elevation – Massing Study
J. Existing East Elevation
K. Proposed East Elevation
L. East Elevation – Massing Study
M. Existing South Elevation
N. Proposed South Elevation
O. South Elevation – Massing Study
P. Existing West Elevation
Q. Proposed West Elevation
R. West Elevation – Massing Study
S. East Elevaton – Massing Study (Building Stepping)
T. Street Section – North Elevation
U. Plaza Section – South Elevation
V. 3D Photo Simulation – North Elevation
W. 3D Photo Simulation – South Elevation
Permitted Uses –
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Ordinance No. 13, Series of 2013 first reading 5
The Permitted uses in Phase IV of SDD No. 6 shall be as set forth in Section 12-7A-2,
Public Accommodation District, Vail Town Code.
Conditional Uses -
Conditional uses for Phase IV of SDD No. 6 shall be as set forth in Section 12-7A-3,
Public Accommodation District, Vail Town Code. All conditional uses shall be reviewed
per the procedures as outlined in Chapter 12-16, Conditional Uses, Vail Town Code.
Density-- Units per Acre - Dwelling Units, Accommodation Units, & Fractional Fee
Club Units
The number of units permitted in Phase IV shall not exceed the following:
Dwelling Units – 2
Accommodation Units - 100
Fractional Fee Club Units – 49
Type III Employee Housing Units -18
(38 employee beds totaling 9,618 square feet of floor area)
Density – Floor Area
The gross residential floor area (GRFA), common area and commercial square footage
permitted for Phase IV shall be as set forward in the Approved Development Plans
referenced in Section 4 of this ordinance.
Setbacks –
Required setbacks for Phase IV shall be as set forth in the Approved Development Plan
referenced in Section 4 of this memorandum. The front setback along Vail Road shall
be a minimum of 16 feet.
Height –
The maximum building height for Phase IV shall be as set forth in the Approved
Development Plan referenced in Section 4 of this ordinance. For the purpose of SDD
no. 6, Phase IV, calculations of height, height shall mean the distance measured
vertically from the existing grade or finished grade(whichever is more restrictive), at any
given point to the top of a flat roof, or mansard roof, or to the highest ridge line of a
sloping roof unless otherwise specified in the Approved Development Plans.
Site Coverage –
The maximum allowable site coverage for Phase IV shall be as set forth in the
Approved Development Plans referenced in Section 4 of this ordinance.
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Ordinance No. 13, Series of 2013 first reading 6
Landscaping –
The minimum landscaping area requirement for Phase IV shall be as set forth in the
approved Development Plans referenced in section 4 of this ordinance.
Parking and Loading -
The required number of off-street parking spaces and loading/delivery berths for Phase
IV shall be provided as set forth in the Approved Development Plans referenced in
Section 4 of this ordinance. In no instance shall Vail Road or the South Frontage Road
be used for loading/delivery or guest drop-off/pick-up without the prior written approval
of the Town of Vail. The required parking spaces shall not be individually sold,
transferred, leased, conveyed, rented, or restricted to any person other than a tenant,
occupant or user of the building for which the space, spaces or area are required to be
provided by the Zoning regulations or ordinances of the Town. The foregoing language
shall not prohibit the temporary use of the parking spaces for events or uses outside of
the building, subject to the approval of the Town of Vail.
Section 5. Approval Agreements for Special Development District No. 6, Phase
IV, The Sebastian
1. That the Developer coordinates efforts with the owners of the Gateway
Building, Phase II, Phase III and Phase V to create a below ground accessway
for loading and delivery to the adjoining properties within the District from the
Vail Plaza Hotel to resolve potential loading and delivery concerns. If a
coordinated effort can be reached the Developer shall submit revised plans to
the Town of Vail Community Development Department for review and
approval, prior to the issuance of a building permit. The intent of this condition
is to create an interconnected underground loading and delivery system
accessible to all of Special Development District No.6, Vail Village Inn.
2. That the Developer submits detailed civil engineering drawings of the required
off-site improvements (street lights, drainage, curb and gutter, sidewalks,
grading, road improvements, Vail Road landscape median improvements,
etc.) as identified on the offsite improvements plan to the Town of Vail Public
Works Department for review and approval, prior to application for a building
permit.
3. That the Developer submits the following plans to the Department of
Community Development, for review and approval, as a part of the building
permit application for the hotel:
a. An Erosion Control and Sedimentation Plan;
b. A Construction Staging and Phasing Plan
c. A Stormwater Management Plan;
d. A Site Dewatering Plan; and
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Ordinance No. 13, Series of 2013 first reading 7
e. A Traffic Control Plan.
4. That the developer records a public pedestrian easement between the hotel
and the Phase III Condominiums and between the Phase V Building property
lines. The easement shall be prepared by the developer and submitted for
review and approval of the Town Attorney. The easement shall be recorded
with the Eagle County Clerk & Recorder's Office prior to the issuance of a
Temporary Certificate of Occupancy.
5. That the Developer records a deed-restriction, which the Town is a party to, on
the Phase IV property prohibiting the public use of the spa facility in the hotel.
Said restriction may be revoked if the Developer is able to demonstrate to the
satisfaction of the Town that adequate provisions for vehicle parking have
been made to accommodate the public use of the spa. The restriction shall be
recorded prior to the issuance of a building permit.
6. That the Developer submits a comprehensive sign program proposal for the
Vail Plaza Hotel for review and approval of the Design Review Board, prior to
the issuance of a Temporary Certificate of Occupancy.
7. That the Developer posts a bond with the Town of Vail to provide financial
security for the 125% of the total cost of the required off-site public
improvements. The bond shall be in place with the Town prior to the issuance
of a building permit.
8. That the Developer, in cooperation with the Town of Vail Public Works
Department to design and construct a left-turn lane on Vail Road and
reconfigure the landscape island in the South Frontage Road median to
eliminate left-turns from the loading/delivery. The construction shall be
completed prior to the issuance of a Temporary Certificate of Occupancy.
9. That the Developer provides a centralized loading/delivery facility for the use
of all owners and tenants within Special Development District No.6. Access or
use of the facility shall not be unduly restricted for Special Development
District No.6. The loading/delivery facility, including docks, berths, freight
elevators, service corridors, etc., may be made available for public and/or
private loading/delivery programs, sanctioned by the Town of Vail, to mitigate
loading/delivery impacts upon the Vail Village loading/delivery system. The
use of the facility shall only be permitted upon a finding by the Town of Vail
and the Developer that excess capacity exists. The Developer will be
compensated by the Town of Vail and/or others for the common use of the
facility. The final determination of the use of the facility shall be mutually
agreed upon by the Developer and the Town of Vail.
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Ordinance No. 13, Series of 2013 first reading 8
10. That the Developer executes a Developer Improvement Agreement to cover
the completion of the required off-site improvements, prior to the issuance of
a building permit.
11. That the Developer records Type III deed-restrictions of each of the required
employee housing units, with the Eagle County Clerk & Recorder's Office,
prior to the issuance of a Temporary Certificate of Occupancy.
12. That the required Type III deed-restricted employee housing units not be
eligible for resale and that the units be owned and operated by the hotel and
that said ownership shall transfer with the deed to the hotel property.
13. That the Developer submits a copy of an approved access permit form the
Colorado Department of Transportation verifying acceptance of the access
points illustrated, as designed, on the Approved Development Plan, dated
July 6, 2004.
14. That the Developer shall contribute a one time payment to the Town of Vail
in the amount of $35,000 for the East Meadow Drive Art in Public Places
archway project, or other Town of Vail approved East Meadow Drive Art in
Public Places project, (the "Projects") as a means of mitigating development
impacts associated with the construction of the Vail Plaza Hotel. Said
payment shall be submitted to the Town of Vail Public Works Department,
prior to the issuance of a building permit for the Vail Plaza Hotel. Should the
Town fail to commence with the design and construction of the Projects within
one year of the date of the issuance of a Temporary Certificate of Occupancy
for the Vail Plaza Hotel, the one-time payment of $35,000 shall be refunded
to the Developer.
Conditions applied by the Planning and Environmental Commission in
conjunction with the September 23, 2013 recommendation of approval with
conditions:
1. This SDD major amendment approval is contingent upon the applicant
obtaining Town of Vail approval of the associated design review
application.
2. The applicant shall mitigate the employee generation impact created by
the addition of 839 square feet of GRFA in accordance with the provisions
of Chapter 12-24, Inclusionary Zoning, Vail Town Code.
3. The applicant shall receive and submit in conjunction with the building
permit, all applicable Colorado Department of Transportation approvals for
all impacts to the South Frontage Road East, including construction
staging.
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Ordinance No. 13, Series of 2013 first reading 9
4. The applicant shall amend the recorded condominium map to reflect the
increase in floor area and space designation, prior to requesting a
planning certificate of occupancy inspection.
5. At the discretion of the Design Review Board, the roof form above the
penthouse upper floor deck can be increased to be greater than an 18 inch
eave overhang.
Section 6 Approval Expiration; Time Limitations
The SDD approval time requirements and limitations of Ordinance No.7, Series of 2003, shall be
amended to cause this major amendment to become null and void should the Developer fail to
receive an approval of a building permit and submit payment and pick up the permit from the
Town of Vail Community Development Department by no later than November 15, 2004. The
phasing of the construction of the hotel shall not be permitted.
The developer must begin construction of special development district amendment within
three (3) years from the time of its final approval, and continue diligently toward the
completion of the project.
Section 7.
If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not effect the validity of the remaining
portions of this ordinance; and the Vail Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 8.
The amendment of any provision of the Town Code of Vail as provided in this ordinance
shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other
action or proceeding as commenced under or by virtue of the provision amended. The
amendment of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
Section 9.
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.
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Ordinance No. 13, Series of 2013 first reading 10
Section 10.
The Vail Town Council hereby finds, determines and declares that this ordinance is
necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof. The Council’s finding, determination and declaration is based upon
the review of the criteria prescribed by the Town Code of Vail and the evidence and
testimony presented in consideration of this ordinance.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of October, 2013 and a
public hearing for second reading of this Ordinance set for the 5th day of November,
2013, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
_______________________
Andrew P. Daly, Mayor
ATTEST:
_________________________
Tammy Nagel, Acting Town Clerk
10/15/2013
To: Planning and Environmental Commission
From: Community Development Department
Date: September 23, 2013
Subject: A request for a recommendation to the Vail Town Council on a major amendment
to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-
9A-10, Amendment Procedures, Vail Town Code, to allow for an addition to an
existing dwelling unit, located at 16 Vail Road, (The Sebastian)/Part of Lots M, N,
and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto.
(PEC130021)
Applicant: AMPH, LLC, represented by Mauriello Planning Group
Planner: Warren Campbell
I. SUMMARY
The applicant, AMPH, LLC, represented by Mauriello Planning Group, is requesting a
recommendation to the Vail Town Council on a major amendment to Special
Development District (SDD) No. 6, Vail Village Inn, pursuant to Section 12-9A-10,
Amendment Procedures, Vail Town Code, to increase the allowable Gross Residential
Floor Area (GRFA) to allow for an addition to an existing dwelling unit in The Sebastian.
Based upon Staff’s review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission forwards a
recommendation denial, of the major amendment to Special Development District
(SDD) No. 6, Vail Village Inn, subject to the findings noted in Section VIII of this
memorandum.
II. DESCRIPTION OF THE REQUEST
The applicant is proposing to add approximately 839 square feet of GRFA to the
existing penthouse unit. The proposed addition would result in the unit increasing in
size to approximately 5,989 square feet of GRFA. To accomplish the addition the
proposal includes the following:
• The entry on the first floor of the penthouse would be reconfigured resulting in
GRFA being converted to common area hallway for the lodge.
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Town of Vail Page 2
• The existing roof form over the second floor of the penthouse at the northeast
corner of the building would be raised 2 feet in elevation in order to increase the
interior height of the space.
• The second floor would be increased in size by with an expansion to the south.
This proposed area would include a new roof form which would extend to the
south approximately 26 feet. The roof extension would be an increase in height
of approximately 12 feet above the existing roof form.
• An outdoor patio is proposed to extend approximately 11 feet south of the
second floor expansion.
In response to comments provide by the Planning and Environmental Commission on
September 9, 2013, several changes were made to the proposed plan. Those changes
are as follows:
• The roof overhang on the south elevation which served as a partial covering of
the new patio was reduced from 6 feet to 18 inches.
• The shed dormers on the upper floor expansion to the south where changed to
traditional gable forms.
• The existing dormers on the lower floor of the penthouse (fourth floor) below the
addition to the south were clipped.
• On the south elevation the new upper floor roof form has been changed to allow
the eave to return creating the appearance that it is a dormer.
• The reduction in the upper floor roof overhang and the conversion from shed
dormers to traditional gable dormers altered the impact of the proposal on the
pedestrian view from the south, internal to Vail Village Inn.
The applicant has provided a written description of their request, dated September 17,
2013, (Attachment A) and plans dated September 17, 2013 (Attachment B), which are
provided for review. Staff included the elevations presented at the September 9, 2013
public hearing into the plans attached for review so that the changes that were made
can be identified (Attachment B). Those pages have been identified with a text box
stating that they are from the September 9, 2013 proposal.
III. BACKGROUND
On September 4, 2001, the Vail Town Council adopted Ordinance No. 21, Series of
2001, which amended Special Development District No. 6 to allow for the construction
of the Vail Plaza Hotel (The Sebastian) with one dwelling unit, 99 accommodation units,
18 employee housing units, and 50 fractional fee club units.
The Planning and Environmental Commission held public hearings to discuss a request
to convert 2 fractional fee units to dwelling units and one dwelling unit to a fractional fee
unit on April 27, and May 11, 2009. On May 11, 2009, the Planning and Environmental
Commission voted 7-0-0 to forward a recommendation of approval, with conditions, to
the Town Council for the proposed special development district amendment.
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Town of Vail Page 3
At its May 19, 2009, hearing the Town Council approved the first reading of Ordinance
No. 13, Series of 2009, with modifications that reference to the conversion of the
penthouse dwelling unit to a fractional fee club unit be stricken, and that the sale of the
penthouse unit be a trigger for the expiration of this ordinance in addition to the
Commission’s recommended triggers of the specific date May 11, 2012, or the issuance
of an occupancy certificate for the penthouse unit.
On June 2, 2009, the Vail Town Council denied Ordinance No. 13, Series of 2009, upon
second reading. The summary minutes are as follows:
“Connie Dorsey asked that the applicant not be forced to move until there
is a TCO on another unit in the building. During a pause for public
comment, Robert Vogel said there was a pattern of deceit being exhibited
by the applicant and there was no compelling reason to grant the
applicant’s request. Fractional owner’s legal representative Lindsey
Richards spoke against allowing the applicant to continue to live there.
The applicant, Waldir Prado, said he had been occupying a vacant unit
and no one had been negatively financially impacted. Councilmember
Rogers stated, “I don’t feel like I was given a straight story on it…I don’t
have a good feeling we are going to know what is happening here…I don’t
feel like passing this ordinance on second reading is going to help the
Town of Vail…I do have an interest in hot beds.” Rogers then moved to
deny the ordinance with Councilmember Newbury seconding.
Councilmember Foley said employee housing in the hotel should be
satisfactory for any employee of the hotel. Councilmember Hitt said he felt
like he had been misled. He also agreed that employee housing should be
adequate for the applicant. Newbury said one of the town’s overriding
policies is to maintain hot beds. Councilmember Cleveland said the
solution that was presented was not in the public interest. “It is
inconsistent with the SDD approval plan.” Councilmember Daly said there
is a lot more revenue the town is giving up than was previously
anticipated. The motion passed unanimously, 7-0.”
On May 14, 2012, the Planning and Environmental Commission forwarded a
recommendation of approval for amendments to SDD No. 6, Vail Village Inn, and
approved amendments to the existing conditional use permit (CUP) to convert fractional
fee unit 401 to a dwelling unit. This recommendation and CUP amendment approval
resulted in no change to GRFA, an increase in the number of dwelling units from 1 to 2,
and the reduction of the number of fractional fee units from 50 to 49.
On June 19, 2012, the Vail Town Council approved Ordinance No. 7, Series of 2012,
which resulted in an increase in the number of allowable dwelling units to 2 and a
decrease in the number of fractional fee units to 49.
On August 26, 2013, the Planning and Environmental Commission held a work session
on the proposal to add approximately 691 square feet of GRFA to the penthouse unit.
The Commission offered comment on the proposal with regard to the need to evaluate
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Town of Vail Page 4
the proposal pursuant to the criteria, the north elevation, and the limited visibility of the
proposed expansion.
On September 9, 2013, the Planning and Environmental Commission held a public
hearing on the request for a recommendation on a major amendment to add GRFA to
the existing penthouse unit. A motion for approval failed and a subsequent motion to
table the request was approved. The Commission gave direction to review the roof
forms and address the concerns stated in the staff memorandum with regard to staff’s
response to Criterion 1.
IV. APPLICABLE PLANNING DOCUMENTS
A. Title 12, Zoning Regulations, Vail Town Code
CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part)
Section 12-1-2: Purpose:
A. General: These regulations are enacted for the purpose of promoting the
health, safety, morals, and general welfare of the Town, and to promote the
coordinated and harmonious development of the Town in a manner that will
conserve and enhance its natural environment and its established character as a
resort and residential community of high quality.
B. Specific: These regulations are intended to achieve the following more specific
purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and
other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to
lessen congestion in the streets.
4. To promote adequate and appropriately located off-street parking and loading
facilities.
5. To conserve and maintain established community qualities and economic
values.
6. To encourage a harmonious, convenient, workable relationship among land
uses, consistent with Municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land with
structures.
8. To safeguard and enhance the appearance of the Town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable
natural features.
10. To assure adequate open space, recreation opportunities, and other
amenities and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
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Town of Vail Page 5
ARTICLE 12-9A, SPECIAL DEVELOPMENT DISTRICT (in part)
12-9A-1: Purpose and Applicability:
A. Purpose: The purpose of the special development district is to encourage
flexibility and creativity in the development of land in order to promote its most
appropriate use; to improve the design character and quality of the new
development with the town; to facilitate the adequate and economical provision of
streets and utilities; to preserve the natural and scenic features of open space
areas; and to further the overall goals of the community as stated in the Vail
comprehensive plan. An approved development plan for a special development
district, in conjunction with the property's underlying zone district, shall establish
the requirements for guiding development and uses of property included in the
special development district.
B. Applicability: Special development districts do not apply to and are not
available in the following zone districts: hillside residential, single-family
residential, two-family residential and two-family primary/secondary residential.
12-9A-10: AMENDMENT PROCEDURES:
B. Major Amendments:
1. Requests for major amendments to an approved special development district
shall be reviewed in accordance with the procedures described in section 12-9A-
4 of this article.
2. Owners of all property requesting the amendment, or their agents or
authorized representatives, shall sign the application. Notification of the proposed
amendment shall be made to owners of all property adjacent to the property
requesting the proposed amendment, owners of all property adjacent to the
special development district, and owners of all property within the special
development district that may be affected by the proposed amendment (as
determined by the department of community development). Notification
procedures shall be as outlined in subsection 12-3-6C of this title.
V. SURROUNDING LAND USES
Land Uses Zoning
North: I-70 right-of-way Not Zoned
South: Mixed Use Public Accommodation
East: Mixed Use SDD #39 (Solaris)
West: Multiple Family Public Accommodation and SDD #21 (Gateway)
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Town of Vail Page 6
VI. ZONING ANALYSIS
Development Standard Approved/ Existing Proposed Change
Density
-Dwelling Units
-Fractional Fee Units
-Accommodation Units
2 DU
49 FFU
100 AU
2 DU
49 FFU
100 AU
No change
No change
No change
Gross Residential
Floor Area (GRFA)
-AU & FFU (>70%)
-DU (<30%)
TOTAL
97,788 sq ft (94%)
6,136 sq ft (6%)
103,924 sq ft
97,788 sq ft (93.3%)
6,975 sq ft (6.7%)
104,763 sq ft
No change
+839 sq ft
+839 sq ft
Parking 212.39 spaces
required (round to
213 spaces)
218 spaces existing
212.39 spaces
required (round to
213 spaces)
218 spaces existing
No change
VII. SPECIAL DEVELOPMENT DISTRICT AMENDMENT REVIEW CRITERIA
Before acting on a major amendment to a special development district amendment
application, the Planning and Environmental Commission and Town Council shall
consider the following factors with respect to the proposal:
1. Compatibility: Design compatibility and sensitivity to the immediate
environment, neighborhood and adjacent properties relative to architectural
design, scale, bulk, building height, buffer zones, identity, character, visual
integrity and orientation.
In response to the application to increase the allowable GRFA for the penthouse in The
Sebastian, staff researched the documents on file with regard to the initial review of the
Vail Plaza Hotel (The Sebastian). Staff was interested in gaining an understanding of
the influences on the approved bulk, mass, and height of the existing structure. Upon
conducting this research staff obtained an understanding of the bulk, mass, and height
relationships sought between the Vail Plaza Hotel and the adjacent properties.
Those relationships can be seen on the approved elevation drawings which include the
adjacent Gateway and Vail Village Inn Phase III structures (Attachment B). The
inclusion of the adjacent structures on the elevations illustrates the goal of having
elements such as roof forms which step down to create a relationship with the adjacent
structures. Additionally, it can be seen that the alignment of eaves and a general
compatibility with regard to bulk, mass, and height was sought and achieved.
As discussed previously, the proposal includes several changes to the roof form in the
northeast corner of the existing structure. The proposed changes include the raising of
the existing roof form by 2 feet and the expansion of the roof mass south by
approximately 26 feet. Staff has a concern with the proposal’s impacts on the existing
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Town of Vail Page 7
roof form’s relationships with adjacent structures. Furthermore, staff believes there are
impacts on the perceived bulk and mass from the perspective of a pedestrian. While the
change to reduce the southern roof extension by 6 feet had a positive impact on this
concern, staff believes the overall proposal still has a negative impact on the pedestrian
view perspective as seen in the photo rendering.
Staff’s concern is best illustrated by a comparison of the existing and proposed east and
south elevations (Attachment B). The expansion of the second floor of the penthouse
unit to the south by approximately 26 feet (reduced from 32 feet) continues to eliminate
an intermediate stepping of the roof forms which was intended to establish a rhythm of
incremental decreasing height from north to south. This existing stepping of the roof
forms results in the southern portion of The Sebastian having a compatible bulk, mass,
and height relationship with the existing structures within the SDD. The proposal to
eliminate the intermediate step has a negative effect on the intended design.
Staff further believes the proposal will have a negative impact on the pedestrian
perception of bulk, mass, and height from the southern perspective looking north. The
current design allows for the pedestrian perception of height to stop at the eaves of the
lowermost roof form which results in the feeling of appropriate and compatible scale
between structures. The proposal (reduced by 6 feet from previous proposal) would
extend a roof form which is largely unseen currently from this perspective thus altering
the perceived height of the structure. The photo rendering provided in the submitted
plans illustrates this concern (Attachment B).
Staff believes there are alternative designs which would address staff’s concerns while
maintaining the intent to step the height of the structure down from the north to the
south. Staff’s concern is with the expansion of the addition to the south and its impacts
to the architectural rhythm and the pedestrian view impacts. Staff suggests that pulling
the upper floor addition back to a distance where it was minimally perceived from the
pedestrian perspective within Vail Village Inn and the incorporation of a roof form which
maintained the established architectural rhythm would address these concerns.
Further, staff believes a solution to capture additional GRFA would be to enclose the
existing lower floor penthouse patio and create a upper floor patio on the lower floor
expansion.
In reviewing the proposal for compliance with this criterion, staff considered the entirety
of The Sebastian structure. Staff did not simply focus on the changes to the northeast
corner of the top floor of the structure. This was done in order to determine if staff
would have found the structure, as currently proposed, to be of an appropriate scale,
bulk, mass, height, character, and relationship to adjacent properties. Staff does not
believe the proposed changes would have met this criterion during the entitlement
process and therefore cannot find the proposed changes to be in compliance with this
criterion.
Staff finds the proposal does not comply with this criterion.
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Town of Vail Page 8
2. Relationship: Uses, activity and density which provide a compatible, efficient
and workable relationship with surrounding uses and activity.
The proposal does not propose to change any of the uses, activity, or densities which
are currently constructed within the project. The uses, activities and density of The
Sebastian were evaluated during the entitlement process and found to be compatible as
currently operated and constructed.
The proposal to increase the allowable GRFA within the SDD requires mitigation of the
impacts to employee generation pursuant to Chapter 12-24, Inclusionary Zoning, Vail
Town Code. The applicant has stated in their written materials that the pay-in-lieu
option would be selected if the proposal were approved. An increase in the allowable
GRFA by 839 square feet results in a pay-in-lieu fee of $11,297.14 (83.9 sf x $134.65).
Staff finds the proposal complies with this criterion.
3. Parking and Loading: Compliance with parking and loading requirements as
outlined in chapter 10 of this title.
The proposal to add approximately 839 square feet of GRFA to the existing penthouse
unit does not change the required parking or loading and delivery requirements for the
development.
Staff finds the proposal complies with this criterion.
4. Comprehensive Plan: Conformity with applicable elements of the Vail
comprehensive plan, town policies and urban design plans.
Staff has reviewed the Vail comprehensive plan and found the following documents and
associated goals, objectives, statements applicable to this proposal.
Vail Land Use Plan (in part)
1. General Growth / Development
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve
both the visitor and the permanent resident.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
4. Village Core / Lionshead
4.1. Future commercial development should continue to occur primarily in
existing commercial areas. Future commercial development in the Core
areas needs to be carefully controlled to facilitate access and delivery.
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Town of Vail Page 9
4.2. Increased density in the Core areas is acceptable so long as the existing
character of each area is preserved through implementation of the Urban
Design Guide Plan and the Vail Village Master Plan.
4.3. The ambiance of the Village is important to the identity of Vail and should
be preserved. (Scale, alpine character, small town feeling, mountains,
natural settings, intimate size, cosmopolitan feeling, environmental
quality.)
5. Residential
5.1. Additional residential growth should continue to occur primarily in existing,
platted areas and as appropriate in new areas where high hazards do not
exist.
Vail Village Master Plan (in part)
V. GOALS, OBJECTIVES, POLICIES AND ACTION STEPS
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 1.2: Encourage the upgrading and redevelopment of residential and
commercial facilities.
Policy 1.2.1: Additional development may be allowed as identified by the Action
Plan and as is consistent with the Vail Village Master Plan and Urban Design
Guide Plan.
VII. VAIL VILLAGE SUB-AREAS
A major goal of this Plan is to address the Village as a whole and at the same
time be sensitive to the opportunities and constraints that may exist on a site
specific basis. To facilitate long range planning unique to each area of the
Village, ten different sub-areas are delineated in this Plan. Sub-areas were
determined based on a number of different considerations. Foremost among
these were:
• design and site characteristics
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Town of Vail Page 10
• geographic or physical boundaries
• land uses and ownership patterns
Each of the ten sub-areas have been evaluated relative to the overall goals,
objectives, and policies outlined for Vail Village. The potential improvement
projects, referred to as sub-area concepts, which have emerged from this
evaluation are graphically represented on the Action Plan. These sub-area
concepts are physical improvements intended to reinforce the desired physical
form of the Village as outlined in the various elements of the Master Plan.
The 10 sub-areas (which follow), provide detailed descriptions of each sub-area
concept and express the relationship between the specific sub-area concepts
and the overall Plan. The applicable goals and objectives are cited for each of
the sub area concepts at the end of each description under "special emphasis."
The sub-area concepts described in this Section are meant to serve as advisory
guidelines for future land use decisions by the Planning and Environmental
Commission and the Town Council. Compliance with the sub-area concepts
does not assure development approval by the Town.
It is important to note that the likelihood of project approval will be greatest for
those proposals that can fully comply with the Vail Village Master Plan. The
Urban Design Guide Plan includes additional design detail that is to be used in
conjunction with the Vail Village Master Plan sub-area concepts.
MIXED USE SUB-AREA (#1)
10/15/2013
Town of Vail Page 11
The Mixed-Use sub-area is a prominent activity center for Vail Village. It is
distinguished from the Village core by the larger scale buildings and by the limited
auto traffic along East Meadow Drive. Comprised of five major development
projects, this sub-area is characterized by a mixture of residential/lodging and
commercial activity.
There is a great deal of potential for improvements to both public and private
facilities in the area. Among these is the opportunity to develop gateway entries to
the Village at the 4-way stop and at the intersection of Vail Road and Meadow
Drive. It is also a long term goal to strengthen the connection between this area
and the Village core area by reinforcing the established pedestrian linkages.
Pedestrianization in this area may; benefit from the development of retail infill with
associated pedestrian improvements along East Meadow Drive and the
development of public access to Gore Creek.
A significant increase in the Village's overnight bed base will occur in this sub-area
with the development of the final, phase of the Vail village Inn project. In addition,
commercial and residential/lodging development potential is identified in sub-area
concepts 3, 4, 6 and 8. The completion of these projects will essentially leave the
sub-area "built out".
#1-1 Vail Village Inn
Final phase of Vail Village Inn project to be completed as established by
development plan for SDD #6. Commercial development at ground, level to
frame interior plaza with greenspace. Mass of buildings shall "step up" from
existing pedestrian-scale along Meadow Drive to 4-5 stories along the Frontage
Road. Design must be sensitive to maintaining view corridor from 4-way stop to
Vail Mountain. Special emphasis on 1.2, 2.3, 2.4, 2.6, 3.2, 4.1, 5.1, 6.1.
10/15/2013
Town of Vail Page 12
The review of The Sebastian during the entitlement process determined that the project
was in compliance with the elements of the Vail Comprehensive Plan. There have
been no changes to the Vail Comprehensive Plan with regard to the documents which
address this site. Staff believes the proposed change does not have an overall
negative impact to the intent of stepping building height up from the pedestrian oriented
East Meadow Drive to the South Frontage Road East. As stated in the response to
Criterion 1 staff is concerned about the visual impacts on the south side of the structure
in the pedestrian plaza. Staff believes there are designs which would permit for some
expansion and eliminate the proposal’s impact on the pedestrian.
Staff finds the proposal complies with this criterion.
5. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or
geologic hazards that affect the property on which the special development
district is proposed.
The Sebastian is not located within any identified geologic hazard. The property during
construction identified an impact with ground water and implemented a mechanical
system to mitigate the impacts of the ground water on the structure.
Staff finds the proposal complies with this criterion.
6. Design Features: Site plan, building design and location and open space
provisions designed to produce a functional development responsive and
sensitive to natural features, vegetation and overall aesthetic quality of the
community.
The proposal does not include any changes to the site plan, building footprint design or
location, or open space provisions.
Staff finds the proposal complies with this criterion.
7. Traffic: A circulation system designed for both vehicles and pedestrians
addressing on and off site traffic circulation.
The proposal does not include any changes to the pedestrian or vehicular circulation on
or off site.
Staff finds the proposal complies with this criterion.
8. Landscaping: Functional and aesthetic landscaping and open space in order to
optimize and preserve natural features, recreation, views and function.
The proposal does not include any changes to the landscaping or open space on the
site as identified on the approved development plan.
Staff finds the proposal complies with this criterion.
10/15/2013
Town of Vail Page 13
9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development of the special
development district.
The proposal is intended to be constructed in one phase. Staging for any construction
related activity will be reviewed by the Town of Vail staff to ensure impacts are
minimized to public rights-of-way and adjacent properties. It is anticipated that the use
of the South Frontage Road East right-of-way will be necessary. This right-of-way is
controlled by the Colorado Department of Transportation (CDOT) and will require all
appropriate review and permits from CDOT should the project move forward.
Staff finds the proposal complies with this criterion.
10. Public Benefit: The proposed deviations provide benefits to the town must
outweigh the adverse effects of such deviations.
The initial entitlement approval for The Sebastian included provisions for the inclusion of
public benefits. Staff does not believe this proposal warrants any additional public
benefits, beyond the codified provisions for the mitigation of employee housing.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and
Environmental Commission forwards a recommendation of denial, to the Town
Council on a major amendment to Special Development District No. 6, Vail Village Inn,
pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an
addition to an existing dwelling unit, located at 16 Vail Road, (The Sebastian)/Part of
Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard
thereto. Staff’s recommendation is based upon the review of the criteria described in
Section VII of this memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to forward a
recommendation of denial for this request, the Community Development Department
recommends the Commission pass the following motion:
“The Planning and Environmental Commission forwards a
recommendation of denial to the Town Council for a major amendment to
Special Development District No. 6, Vail Village Inn, pursuant to Section
12-9A-10, Amendment Procedures, Vail Town Code, to allow for an
addition to an existing dwelling unit, located at 16 Vail Road, (The
Sebastian)/Part of Lots M, N, and O, Block 5D, Vail Village Filing 1, and
setting forth details in regard thereto.”
Should the Planning and Environmental Commission choose to forward a
recommendation of denial for this request, the Community Development Department
recommends the Commission makes the following findings:
10/15/2013
Town of Vail Page 14
“Based upon the review of the criteria outlined in Section VII this Staff
memorandum to the Planning and Environmental Commission dated
September 9, 2013, and the evidence and testimony presented, the
Planning and Environmental Commission finds:
1. That the special development district amendment does not comply
with the standards listed in Article 12-9A, Special Development
District.
2. That the special development district amendment is not consistent
with the adopted goals, objectives and policies outlined in the Vail
comprehensive plan and is not compatible with the development
objectives of the town; and
3. That the special development district amendment is not compatible
with and suitable to adjacent uses and is inappropriate for the
surrounding areas; and
4. That the special development district amendment does not promote
the health, safety, morals, and general welfare of the town and
does not promote the coordinated and harmonious development of
the town in a manner that conserves and enhances its natural
environment and its established character as a resort and
residential community of the highest quality.”
Should the Planning and Environmental Commission choose to forward a
recommendation of approval for this request, the Community Development
Department recommends the Commission pass the following motion:
“The Planning and Environmental Commission forwards a
recommendation of approval to the Town Council for a major amendment
to Special Development District No. 6, Vail Village Inn, pursuant to
Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for
an addition to an existing dwelling unit, located at 16 Vail Road, (The
Sebastian)/Part of Lots M, N, and O, Block 5D, Vail Village Filing 1, and
setting forth details in regard thereto.”
Should the Planning and Environmental Commission choose to forward a
recommendation of approval for this request, the Community Development
Department recommends the Commission makes the following findings:
“Based upon the review of the criteria outlined in Section VII this Staff
memorandum to the Planning and Environmental Commission dated
September 9, 2013, and the evidence and testimony presented, the
Planning and Environmental Commission finds:
10/15/2013
Town of Vail Page 15
1. That the special development district amendment complies with the
standards listed Article 12-9A, Special Development District, or that
a practical solution consistent with the public interest has been
achieved.
2. That the special development district amendment is consistent with
the adopted goals, objectives and policies outlined in the Vail
comprehensive plan and compatible with the development
objectives of the town; and
3. That the special development district amendment is compatible with
and suitable to adjacent uses and appropriate for the surrounding
areas; and
4. That the special development district amendment promotes the
health, safety, morals, and general welfare of the town and
promotes the coordinated and harmonious development of the town
in a manner that conserves and enhances its natural environment
and its established character as a resort and residential community
of the highest quality.”
Should the Planning and Environmental Commission choose to forward a
recommendation of approval for this request, the Community Development
Department recommends the Commission applies the following conditions:
“1. This SDD major amendment approval is contingent upon the applicant
obtaining Town of Vail approval of the associated design review
application.
2. The applicant shall mitigate the employee generation impact created by
the addition of 839 square feet of GRFA in accordance with the
provisions of Chapter 12-24, Inclusionary Zoning, Vail Town Code.
3. The applicant shall receive and submit in conjunction with the building
permit, all applicable Colorado Department of Transportation approvals
for all impacts to the South Frontage Road East, including construction
staging.
4. The applicant shall amend the recorded condominium map to reflect
the increase in floor area and space designation, prior to requesting a
planning certificate of occupancy inspection.”
IX. ATTACHMENTS
A. Written Request dated September 17, 2013
B. Proposed Plans dated September 17, 2013
10/15/2013
THE SEBASTIAN
VAIL VILLAGE INN, PHASE IV
MAJOR AMENDMENT
TO SPECIAL
DEVELOPMENT
DISTRICT #6
To allow for an addition to the
Penthouse Unit at the Sebastian
Submitted to the Town of Vail:
June 24, 2013
Revised August 12, 2013
Revised September 17, 2013
PEC130021
By David Rhoades at 11:12 am, Sep 17, 2013
10/15/2013
I.Introduction
The owners of Sebastian, the Marti family, represented by Timbers Resorts, are requesting a major
amendment to Special Development District No. 6 (SDD #6) to allow for an addition to the penthouse
unit (parcel #: 2101-082-85-051). The addition increases the GRFA by 839 sq. ft., and includes exterior
changes to the building, which include changes to the existing secondary roof forms. According to
Section 12-9A-2: Definitions, Vail Town Code, an increase in GRFA is considered a Major SDD
Amendment.
Based on input from the September 9, 2013, Planning and Environmental Commission, the building
forms have been modified in order to reduce the apparent bulk and mass of the addition. The following
changes were made:
•Roof overhang on the south elevation was reduced from 6 ft. to 18 inches.
•Shed dormers flanking the east and west sides have been converted to traditional gable forms
•Dormers below the addition on the east and west (fourth floor) have been clipped
•Roof form has been brought down on the south elevation to make the addition appear as a
dormer, lowering the eave line
•Addition is set well back from the pedestrian level view plane
The existing penthouse, constructed in 2007, at the Sebastian has never been finished. At this time, the
owners would like to complete the penthouse. The penthouse is a 2-story unit of approximately 5,150
sq. ft. (as indicated on the original approval). When completed, the penthouse unit will be a 5-bedroom
unit of approximately 5,989 sq. ft. Oddly designed originally, the head-height in some areas of the
existing unit make the floor area unuseable, and to improve the existing layout, the owners are
requesting some modifications to the roof form. The location of the change is difficult to photographic
due to the existing building and surrounding properties. The addition is therefore essentially not visible
from pedestrian areas within the village. The best location to view the proposed locations is from the
road leading to the Spraddle Creek neighborhood as indicated in the photo below:
Proposed locations of roof
change for Penthouse Unit
1 10/15/2013
Floor plans are provided below, and a reduction of the complete set of plans has been included in the
appendix of this submittal.
2 10/15/2013
II. Background
The Sebastian is located at 16
Va il Road. The property is part
of Phase IV of Special
Development District No 6,
Vail Village Inn. This SDD has
an underlying zoning of Public
Accommodation (PA).
SDD #6 was adopted by
Ordinance No. 7, Series of
1976, and has been amended
numerous times since its
original adoption. Ordinance
No. 16, Series of 2004,
amended SDD #6, to allow for
changes to the approval of the
Vail Plaza Hotel (now known as
the Sebastian) and to extend
the expiration date of the project. The Vail Plaza Hotel opened in December of 2007 and was
subsequently lost in a bankruptcy filing by its original owner. A federal bankruptcy court awarded the
hotel to Ferruco Vail Ventures LLC in January of 2010 for
a purchase price of $46.5 million. Since then, the current
owners have invested millions in improvements and the
hotel has become a major success, with guests such as the
First Lady, Michelle Obama and a feature on the Today
Show. The Sebastian has become a major asset to the
Town of Vail, and annual tax collections from the property
have continued to increase each year.
The approval for the Sebastian currently includes two
whole ownership condo units, consisting of a total of
6,136 sq. ft. of dwelling unit GRFA. The remaining 97,778
sq. ft. of GRFA is within 100 accommodation units and 49
fractional units. One of the two existing whole ownership
condo units is the penthouse unit. However, the interior of
this unit has never been completed. At this time, the
owners are requesting to finish the interior of this unit,
along with some exterior modifications which will allow
the space to be more useable. The original approval
identifies the penthouse unit as having 5,150 sq. ft. of
GRFA.
The Sebastian currently deviates from the maximum height
limitation of the Public Accommodation zone district,
which limits height to 48 ft. The maximum height of the
Sebastian is 77.25 ft., with the height of the tower element
Approximate
boundary of SDD #6,
Vail Village Inn
The Sebastian
3 10/15/2013
at 99.75 ft. The proposed addition to the roof, which is at a maximum of 72.75 ft., does not effect the
approved maximum building height and no additional deviation from the approved maximum building
height is required.
There is no additional parking requirement for this proposal, as parking for the unit has already been
assessed. There is an incremental increase to the employee housing requirements as a result of the
addition of 839 sq. ft. of GRFA, which is addressed in Section III of this application. The proposed
addition will generate an employee housing payment in lieu fee of $11,310.60. The property continues
to meet the definition of a lodge, with greater than 70% of the floor area dedicated to accommodation
units or fractional fee club units and the property remains compliant with all other zoning standards.
4
North Elevation:
Existing
Proposed:
South Elevation:
Existing
Proposed:
10/15/2013
II.Zoning Analysis
Due to the nature of the addition, only GRFA and employee housing are affected by the project. Below
is an analysis of the proposal with regard to these development standards. Parking, height and density
have also been included, though these standards have not changed as a result of this proposal. All other
standards remain as approved by Special Development District #6.
Standard Existing Proposed
Density
Fractional Fee Units
Accommodation Units
Dwelling Units
49
100
2 (13.6 du/acre)
No Change
GRFA
In AU and FFU (Required>70%)
In DU (Required<30%)
103,924 sq. ft.
97,788 sq. ft. (94%)
6,136 sq. ft. (6%)
104,763 sq. ft.
97,788 sq. ft. (93.4%)
6,975 sq. ft. (6.6%)
Parking
Required
Provided
211.69 spaces (rounds to 212)
218 spaces
No Change
Height 77.25 ft. (sloping roof)
99.75 ft. (tower)
No Change
Employee Housing Approved prior to Inclusionary
Requirement
84 sq. ft. (pay-in-lieu)
5 10/15/2013
III.Criteria for Review for the Major Amendment to a Special Development
District
Section 12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS, Vail Town Code, provides the
criteria for review of a Major Amendment to a Special Development District. These criteria have been
provided below, along with an analysis of how this proposal complies with these criteria:
1.Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and
adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity,
character, visual integrity and orientation.
Applicant Response: The architectural design, scale, bulk, buffer zones, identity, character, visual
integrity and orientation of the hotel remain largely unchanged as a result of the proposed
major amendment. The proposed changes to the roof do not effect the overall maximum
building height of the Sebastian. The proposed roof plan is provided below:
6 10/15/2013
The changes to the area of the south side of the penthouse unit roof are not visible from many
locations within the Village, as indicated in the photos below:
The changes to the north side of the penthouse roof are visible from the Frontage Road, as
indicated in the photo below:
Photo 1: Taken
approximately from in
front of A Secret Garden.
Photo 2: Taken from deck
area of VVI.
7 10/15/2013
An analysis of the building stepping of the building is provided below:
Photo 3: Taken from north
side of South Frontage Road
8 10/15/2013
As indicated in the analysis, the proposed addition remains true to the character of the existing
architecture and is compatible with the character of the neighborhood.
Since the original approval of the Sebastian, the character of the Village has changed
dramatically, with many projects approved with greater height than was approved here. The
additions to the building do not alter the overall character of the building which remains
compatible with the immediate environment.
2.Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship
with surrounding uses and activity.
Applicant Response: The Sebastian is a mixed-use type of development, including commercial,
lodging, recreational, and residential uses. There is no change in use or activity, along with no
change to the number of dwelling units for the property. The addition of GRFA to an existing
dwelling unit remains consistent with the intended purpose of the underlying zoning of Public
Accommodation and the intent of Vail Land Use Plan. Adjacent properties include a similar mix
of uses. The density and uses proposed for The Sebastian do not conflict with the compatibility,
efficiency, or workability of the surrounding uses and activities on adjacent properties.
3.Parking And Loading: Compliance with parking and loading requirements as outlined in chapter 10 of
this title.
Applicant Response: Parking for the penthouse unit was assessed with the original development
of the property. The addition of GRFA does not increase the parking requirement for this unit.
Currently, the property is required 212 parking spaces and there are 218 parking spaces
provided. All parking and loading requirements have been met.
4.Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies
and urban design plans.
Applicant Response: The Sebastian is within the boundaries of the Vail Village Master Plan. The
following general objectives are applicable to this application:
In addition to the general objectives of the Vail Village Master Plan, the Sebastian is located
within Mixed Use Sub-Area #1 as indicated in the following map:
9 10/15/2013
The Vail Village Master Plan offers the following with regard to this property:
5.Natural And/Or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that
affect the property on which the special development district is proposed.
Applicant Response: The proposed addition has has no effect on the above criterion.
6.Design Features: Site plan, building design and location and open space provisions designed to produce a
functional development responsive and sensitive to natural features, vegetation and overall aesthetic
quality of the community.
Applicant Response: The proposed addition has no effect on the above criterion. There are no
changes proposed to the site plan and all open space provisions remain as originally approved.
10 10/15/2013
7.Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic
circulation.
Applicant Response: The proposed addition has no effect on the above criterion.
8.Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve
natural features, recreation, views and function.
Applicant Response: The proposed addition has no effect on the above criterion.
9.Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient
relationship throughout the development of the special development district.
Applicant Response: The proposed addition has no effect on the above criterion.
11 10/15/2013
IV.Adjacent Addresses
JOHN D GOODMAN
PO BOX 1886
0105 EDWARDS VILLAGE BLVD, STE D-201,
EDWARDS, CO 81632
9 VAIL RD, ASSOC
9 VAIL RD.
VAIL , CO 81657
JOSEF STAUFER
100 E MEADOW DR #31,
VAIL, CO 81657
ARTHUR ANDREW ABPLANALP JR.
POST OFFICE BOX 2800,
VAIL, CO 81658-2800
SLIFER MANAGEMENT CO.
C/O MS. SALLY HANLON,
385 GORE CREEK DRIVE - R-2,
VAIL, CO 81657
MCNEILL PROPERTY MANAGEMENT
2077 N. FRONTAGE RD. #300,
VAIL, CO 81657
KEVIN DEIGHAN
12 VAIL ROAD, SUITE 600
VAIL, CO 81657
VAIL HOTEL 09 LLC
GENERAL COUNSEL
745 SEVENTH AVE
NEW YORK, NY 10019
MAURIELLO PLANNING GROUP
PO BOX 4777
EAGLE, CO 81631
CDOT
4201 E. ARKANSAS AVENUE
DENVER, CO 80222
SOLARIS PROPERTY OWNER LLC
141 E MEADOW DR 211
VAIL, CO 81657
FIRSTBANK OF VAIL
FIRSTBANK HOLDING CO
PO BOX 150097
LAKEWOOD, CO 80215-0097
SONNENALP PROPERTIES INC
20 VAIL RD
VAIL, CO 81657
VILLAGE INN PLAZA-PHASE V CONDOMINIUM
ASSOCIATION
CROSSROADS REALTY LTD
PO BOX 1292
VAIL, CO 81658
TALISMAN CONDOMINIUM ASSOCIATION
PTARMIGAN MANAGEMENT
62 E MEADOW DR
VAIL, CO 81657
ONE WILLOW BRIDGE ROAD CONDOMINIUM
ASSOCIATION, INC.
CORPORATION SERVICE COMPANY
1560 BROADWAY STE 2090,
DENVER, CO 80202,
ONE WILLOW BRIDGE ROAD CONDOMINIUM
ASSOCIATION
4148 NORTH ARCADIA DRIVE,
PHOENIZ, AZ 85018-4302
VAIL GATEWAY PLAZA CONDOMINIUM
ASSOCIATION, INC.
VAIL TAX & ACCOUNTING
P.O. BOX 5940
AVON, CO 81620
TOWN OF VAIL
FINANCE DEPT
75 S FRONTAGE RD
VAIL, CO 81657
ONE VAIL ROAD PRIVATE RESIDENCE OWNERS'
ASSOCIATION, INC.
BALLARD SPAHR ANDREWS & INGERSOLL LLP
1225 17TH ST., SUITE 2300,
DENVER, CO 80202
ONE VAIL ROAD PRIVATE RESIDENCE OWNERS
ASSOCIATION, INC.
1 VAIL ROAD
VAIL, CO 81657
THE RESIDENCES AT SOLARIS CONDOMINIUM
ASSOCIATION
P.O. BOX 5450
AVON, CO 81620
ONE WILLOW BRIDGE COMMERCIAL, LLC
141 EAST MEADOW DRIVE, SUITE 211
VAIL, CO 81657
ONE WILLOW BRIDGE ROAD ASSOCIATION INC
1 WILLOW BRIDGE RD
VAIL, CO 81657
VAIL VILLAGE PLAZA CONDOMINIUM ASSOCIATION
PO BOX 2264, C/O SLIFER MANAGEMENT COMPANY,
EDWARDS, CO 81632
STEPHEN L STAFFORD
0105 EDWARDS VILLAGE BLVD, SUITE G206,
EDWARDS, CO 81632
12 10/15/2013
Appendix: Plans for the Proposed Penthouse Unit at the Sebastian
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 15, 2013
ITEM/TOPIC: Second reading of Ordinance No. 14, Series of 2013, An Ordinance Amending
the Vail Town Code to Increase the Maximum Fine for Code Violations in Accordance with
State Law and Setting Forth Details in Regard Thereto.
PRESENTER(S): Matt Mire
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny
Ordinance No. 14, Series of 2013 on first reading.
BACKGROUND: The Colorado General Assembly recently passed House Bill 13-1060,
which increased the maximum fine available under state law for violations of municipal
ordinances. Ordinance No. 14, Series of 2013 amends the Vail Town Code to allow for an
increase of the maximum fine amount available thereunder to correspond with the maximum
fine amount available under state law.
STAFF RECOMMENDATION: Approve, approve with modifications, or deny Ordinance No.
14, Series of 2013 on first reading.
ATTACHMENTS:
Ordinance No 14 Series of 2013
10/15/2013
Ordinance No. 14, Series of 2013
ORDINANCE NO. 14
SERIES 2013
AN ORDINANCE AMENDING THE VAIL TOWN CODE TO INCREASE
THE MAXIMUM FINE FOR CODE VIOLATIONS IN ACCORDANCE
WITH STATE LAW AND SETTING FORTH DETAILS IN REGARD
THERETO
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 of the Town (the "Council") have
been duly elected and qualif ied;
WHEREAS, the Colorado General Assembly recently passed House Bill 13 -
1060, which increased the maximum fine available under state law for violations of
municipal ordinances; and
WHEREAS, the Town Council desires to amend the Vail Town Code to allow for
an increase of the maximum fine amount available thereunder to correspond with the
maximum fine amount available under state law.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 1-4-1 of the Vail Town Code, the general penalty for all
code violations, is hereby amended as follows:
A. Violation and Punishment.
1. It is unlawful for any person to violate any provision or to fail
to comply with any of the requirements of this code. Unless otherwise
specifically provided, any person eighteen (18) years of age or older
violating any section of this code shall be punished by a fine of not more
than two thousand six hundred fifty dollars ($2,650.00) nine hundred
ninety nine dollars ($999.00), or by incarceration not to exceed one
hundred eighty (180) days or by both such fine and incarceration.
2. Any person under eighteen (18) years of age convicted of
violating any provision of this code may be punished by a fine of not more
than two thousand six hundred fifty dollars ($2,650.00) nine hundred
ninety nine dollars ($999.00). Any person under the age of eighteen (18)
years convicted of violating any provision of the model traffic code
adopted by section 7-1-1 of this code may be punished by a fine of not
more than three hundred dollars ($300.00) or by incarceration not to
exceed ninety (90) days, or by both such fine and incarceration. Any such
person shall be guilty of a separate offense for each and every day during
10/15/2013
Ordinance No. 14, Series of 2013
any portion of which a violation of any provision of this code is committed,
continued, or permitted by such person and shall be punished accordingly.
Section 2. Section 4-12-20.A of the Vail Town Code, imposing penalties for
violations of the sexually oriented business regulations, is hereby amended as follows:
A. It shall be unlawful for any person, corporation or other entity to
violate any provision of this chapter, and any such violation shall be
subject to the penalties set forth in Section 1-4-1 of this Code a fine
not to exceed nine hundred ninety nine dollars ($999.00) and
imprisonment for a period not to exceed one hundred eighty (180) days, or
both such fine and imprisonment, provided that no person under the age
of eighteen (18) years of age shall be subject to imprisonment. Each and
every day of violation of the provisions of this chapter shall constitute a
separate offense punishable as such.
Section 3. Section 6-3H-11 of the Vail Town Code, imposing penalties for
assault weapons violations, is hereby amended as follows:
6-3H-11: PENALTY:
Any person who is convicted of violating any provision of this Article shall
be punished as provided in Section 1-4-1 of this Code by a fine of not
less than one hundred dollars ($100.00) nor more than nine hundred
ninety nine dollars ($999.00) and a term of incarceration of not less than
ten (10) days nor more than one hundred eighty (180) days.
Section 4. Section 6-4-23.B of the Vail Town Code, imposing penalties for
animal control violations, is hereby amended as follows:
B. The above-stated fines are minimum penalties and all violations are
subject to the general penalties set forth in Section 1-4-1 of this Code
fine provisions of up to a one thousand dollar ($1,000.00) fine and/or up to
one hundred eighty (180) days in jail.
Section 5. Section 6-4A-10.B of the Vail Town Code, imposing penalties for
carriage violations, is hereby amended as follows:
B. Imposition Of Penalty; Revocation Of Permit: The above stated
fines are minimum penalties and all violations are subject to the general
penalties set forth in Section 1-4-1 of this Code fine provisions of up to
a one thousand dollar ($1,000.00) fine and/or up to one hundred eighty
(180) days in jail. There shall be a mandatory revocation of a carriage
operation's permit upon a third violation of this article within an eighteen
(18) month period of time.
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
10/15/2013
Ordinance No. 14, Series of 2013
of the remaining portions of this ordinance; and the 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 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. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceeding as commenced under or by v irtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or
any ordinance previously repealed or superseded unless expressly stated herein.
Section 9. All bylaws, orders, resolutions and ordinances, or parts the reof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of September, 2013
and a public hearing for second reading of this Ordinance set for the 1st day of October,
2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Andrew P. Daly, Mayor
ATTEST:
____________________________
Tammy Nagel, Acting Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 15th day of October, 2013.
_____________________________
Andrew P. Daly, Mayor
ATTEST:
____________________________
Tammy Nagel, Acting Town Clerk
10/15/2013
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 15, 2013
ITEM/TOPIC: Adjournment (9:05 p.m.)
10/15/2013
Ordinance No. 14, Series of 2013
ORDINANCE NO. 14
SERIES 2013
AN ORDINANCE AMENDING THE VAIL TOWN CODE TO INCREASE
THE MAXIMUM FINE FOR CODE VIOLATIONS IN ACCORDANCE
WITH STATE LAW AND SETTING FORTH DETAILS IN REGARD
THERETO
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 of the Town (the "Council") have
been duly elected and qualif ied;
WHEREAS, the Colorado General Assembly recently passed House Bill 13 -
1060, which increased the maximum fine available under state law for violations of
municipal ordinances; and
WHEREAS, the Town Council desires to amend the Vail Town Code to allow for
an increase of the maximum fine amount available thereunder to correspond with the
maximum fine amount available under state law.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 1-4-1 of the Vail Town Code, the general penalty for all
code violations, is hereby amended as follows:
A. Violation and Punishment.
1. It is unlawful for any person to violate any provision or to fail
to comply with any of the requirements of this code. Unless otherwise
specifically provided, any person eighteen (18) years of age or older
violating any section of this code shall be punished by a fine of not more
than two thousand six hundred fifty dollars ($2,650.00) nine hundred
ninety nine dollars ($999.00), or by incarceration not to exceed one
hundred eighty (180) days or by both such fine and incarceration.
2. Any person under eighteen (18) years of age convicted of
violating any provision of this code may be punished by a fine of not more
than two thousand six hundred fifty dollars ($2,650.00) nine hundred
ninety nine dollars ($999.00). Any person under the age of eighteen (18)
years convicted of violating any provision of the model traffic code
adopted by section 7-1-1 of this code may be punished by a fine of not
more than three hundred dollars ($300.00) or by incarceration not to
exceed ninety (90) days, or by both such fine and incarceration. Any such
person shall be guilty of a separate offense for each and every day during
10/15/2013
Ordinance No. 14, Series of 2013
any portion of which a violation of any provision of this code is committed,
continued, or permitted by such person and shall be punished accordingly.
Section 2. Section 4-12-20.A of the Vail Town Code, imposing penalties for
violations of the sexually oriented business regulations, is hereby amended as follows:
A. It shall be unlawful for any person, corporation or other entity to
violate any provision of this chapter, and any such violation shall be
subject to the penalties set forth in Section 1-4-1 of this Code a fine
not to exceed nine hundred ninety nine dollars ($999.00) and
imprisonment for a period not to exceed one hundred eighty (180) days, or
both such fine and imprisonment, provided that no person under the age
of eighteen (18) years of age shall be subject to imprisonment. Each and
every day of violation of the provisions of this chapter shall constitute a
separate offense punishable as such.
Section 3. Section 6-3H-11 of the Vail Town Code, imposing penalties for
assault weapons violations, is hereby amended as follows:
6-3H-11: PENALTY:
Any person who is convicted of violating any provision of this Article shall
be punished as provided in Section 1-4-1 of this Code by a fine of not
less than one hundred dollars ($100.00) nor more than nine hundred
ninety nine dollars ($999.00) and a term of incarceration of not less than
ten (10) days nor more than one hundred eighty (180) days.
Section 4. Section 6-4-23.B of the Vail Town Code, imposing penalties for
animal control violations, is hereby amended as follows:
B. The above-stated fines are minimum penalties and all violations are
subject to the general penalties set forth in Section 1-4-1 of this Code
fine provisions of up to a one thousand dollar ($1,000.00) fine and/or up to
one hundred eighty (180) days in jail.
Section 5. Section 6-4A-10.B of the Vail Town Code, imposing penalties for
carriage violations, is hereby amended as follows:
B. Imposition Of Penalty; Revocation Of Permit: The above stated
fines are minimum penalties and all violations are subject to the general
penalties set forth in Section 1-4-1 of this Code fine provisions of up to
a one thousand dollar ($1,000.00) fine and/or up to one hundred eighty
(180) days in jail. There shall be a mandatory revocation of a carriage
operation's permit upon a third violation of this article within an eighteen
(18) month period of time.
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
10/15/2013
Ordinance No. 14, Series of 2013
of the remaining portions of this ordinance; and the 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 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. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceeding as commenced under or by v irtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or
any ordinance previously repealed or superseded unless expressly stated herein.
Section 9. All bylaws, orders, resolutions and ordinances, or parts the reof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of September, 2013
and a public hearing for second reading of this Ordinance set for the 1st day of October,
2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Andrew P. Daly, Mayor
ATTEST:
____________________________
Tammy Nagel, Acting Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 15th day of October, 2013.
_____________________________
Andrew P. Daly, Mayor
ATTEST:
____________________________
Tammy Nagel, Acting Town Clerk
10/15/2013
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 15, 2013
ITEM/TOPIC: Adjournment (9:05 p.m.)
10/15/2013
Ordinance No. 14, Series of 2013
ORDINANCE NO. 14
SERIES 2013
AN ORDINANCE AMENDING THE VAIL TOWN CODE TO INCREASE
THE MAXIMUM FINE FOR CODE VIOLATIONS IN ACCORDANCE
WITH STATE LAW AND SETTING FORTH DETAILS IN REGARD
THERETO
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 of the Town (the "Council") have
been duly elected and qualif ied;
WHEREAS, the Colorado General Assembly recently passed House Bill 13 -
1060, which increased the maximum fine available under state law for violations of
municipal ordinances; and
WHEREAS, the Town Council desires to amend the Vail Town Code to allow for
an increase of the maximum fine amount available thereunder to correspond with the
maximum fine amount available under state law.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 1-4-1 of the Vail Town Code, the general penalty for all
code violations, is hereby amended as follows:
A. Violation and Punishment.
1. It is unlawful for any person to violate any provision or to fail
to comply with any of the requirements of this code. Unless otherwise
specifically provided, any person eighteen (18) years of age or older
violating any section of this code shall be punished by a fine of not more
than two thousand six hundred fifty dollars ($2,650.00) nine hundred
ninety nine dollars ($999.00), or by incarceration not to exceed one
hundred eighty (180) days or by both such fine and incarceration.
2. Any person under eighteen (18) years of age convicted of
violating any provision of this code may be punished by a fine of not more
than two thousand six hundred fifty dollars ($2,650.00) nine hundred
ninety nine dollars ($999.00). Any person under the age of eighteen (18)
years convicted of violating any provision of the model traffic code
adopted by section 7-1-1 of this code may be punished by a fine of not
more than three hundred dollars ($300.00) or by incarceration not to
exceed ninety (90) days, or by both such fine and incarceration. Any such
person shall be guilty of a separate offense for each and every day during
10/15/2013
Ordinance No. 14, Series of 2013
any portion of which a violation of any provision of this code is committed,
continued, or permitted by such person and shall be punished accordingly.
Section 2. Section 4-12-20.A of the Vail Town Code, imposing penalties for
violations of the sexually oriented business regulations, is hereby amended as follows:
A. It shall be unlawful for any person, corporation or other entity to
violate any provision of this chapter, and any such violation shall be
subject to the penalties set forth in Section 1-4-1 of this Code a fine
not to exceed nine hundred ninety nine dollars ($999.00) and
imprisonment for a period not to exceed one hundred eighty (180) days, or
both such fine and imprisonment, provided that no person under the age
of eighteen (18) years of age shall be subject to imprisonment. Each and
every day of violation of the provisions of this chapter shall constitute a
separate offense punishable as such.
Section 3. Section 6-3H-11 of the Vail Town Code, imposing penalties for
assault weapons violations, is hereby amended as follows:
6-3H-11: PENALTY:
Any person who is convicted of violating any provision of this Article shall
be punished as provided in Section 1-4-1 of this Code by a fine of not
less than one hundred dollars ($100.00) nor more than nine hundred
ninety nine dollars ($999.00) and a term of incarceration of not less than
ten (10) days nor more than one hundred eighty (180) days.
Section 4. Section 6-4-23.B of the Vail Town Code, imposing penalties for
animal control violations, is hereby amended as follows:
B. The above-stated fines are minimum penalties and all violations are
subject to the general penalties set forth in Section 1-4-1 of this Code
fine provisions of up to a one thousand dollar ($1,000.00) fine and/or up to
one hundred eighty (180) days in jail.
Section 5. Section 6-4A-10.B of the Vail Town Code, imposing penalties for
carriage violations, is hereby amended as follows:
B. Imposition Of Penalty; Revocation Of Permit: The above stated
fines are minimum penalties and all violations are subject to the general
penalties set forth in Section 1-4-1 of this Code fine provisions of up to
a one thousand dollar ($1,000.00) fine and/or up to one hundred eighty
(180) days in jail. There shall be a mandatory revocation of a carriage
operation's permit upon a third violation of this article within an eighteen
(18) month period of time.
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
10/15/2013
Ordinance No. 14, Series of 2013
of the remaining portions of this ordinance; and the 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 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. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceeding as commenced under or by v irtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or
any ordinance previously repealed or superseded unless expressly stated herein.
Section 9. All bylaws, orders, resolutions and ordinances, or parts the reof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of September, 2013
and a public hearing for second reading of this Ordinance set for the 1st day of October,
2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Andrew P. Daly, Mayor
ATTEST:
____________________________
Tammy Nagel, Acting Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 15th day of October, 2013.
_____________________________
Andrew P. Daly, Mayor
ATTEST:
____________________________
Tammy Nagel, Acting Town Clerk
10/15/2013
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 15, 2013
ITEM/TOPIC: Adjournment (9:05 p.m.)
10/15/2013