HomeMy WebLinkAbout2014-01-07 Agenda and Support Documentation Town Council Work SessionVAIL TOWN COUNCIL
WORK SESSION AGENDA
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
2:00 P.M., JANUARY 7, 2014
NOTE: Times of items are approximate, subject to change, and cannot be relied
upon to determine at what time Council will consider an item.
Public comments on work session item may be solicited by the Town
Council.
1.
ITEM/TOPIC: DRB/PEC Update (10 min. )
PRESENTER(S): Warren Campbell
2.
ITEM/TOPIC: Discussion of Community Wide Recycling Ordinance
elements. (30 min)
PRESENTER(S): Community Wide Recycling Ordinance
ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council
provide feedback on the ordinance elements as proposed, and provide policy
direction on the additional items listed in Section IV of the attached memorandum.
BACKGROUND: At the conclusion of the work session held December 3, 2013,
the Vail Town Council directed staff to move forward with a draft Community Wide
Recycling ordinance in order to facilitate commercial and residential recycling,
based upon recommendations provided by the Vail Recycling Advisory Committee.
This process will enable Vail residents, guests and businesses to have access to
curbside recycling with the same frequency as trash pickup, have more control
over their bills (as they recycle more, they may pay less for trash), and have
access to recycling and recycling education in private businesses. Also, by
licensing waste haulers, the Town will be able to track recycling data, require a
larger curbside recycling bin and more frequent pickup.
STAFF RECOMMENDATION: Staff recommends the Vail Town Council support
the proposed ordinance elements and directs staff to return with a final draft of the
Community Wide Recycling Ordinance on the February 18th, 2014 evening
Council session.
3.
ITEM/TOPIC: Booth Creek Park Redevelopment. The purpose of
this Council presentation is to present to the Vail Town Council for review,
comment and approval the Problem Statement, Goals, Givens, Public
Process and Schedule for the redevelopment of Booth Creek Park. (30
min. )
PRESENTER(S): Todd oppenheimer
ACTION REQUESTED OF COUNCIL: Staff requests the Town Council to provide
direction on the following items: 1/7/2014
1. Review, comment and approval of the goals, givens, process and schedule.
2. Review, comment and approval of the planning and design process for the
redevelopment of Booth Creek Park starting with neighborhood/community
meetings.
3. Preference, if any, on the approach to the design of the playground and
integration of art
elements.
BACKGROUND: Staff is prepared to begin the process for redevelopment of
Booth Creek Park. Residents in the area of the park have voiced concerns about
the condition of the existing facilities especially the tennis courts. Funds have been
allocated in the RETT Capital Budget for planning and design as well as
construction of improvements. Neighborhood and community meetings can be
scheduled this winter with the goal of developing an overall plan for the park
including how the improvements may be phased to correspond with the budget
allocations. Once staff has prepared an overall plan, design and engineering
consultants will be hired to assist with the presentation graphics for the entitlement
process and construction documents. The public involvement would begin in
January and proceed through entitlement as well as during construction. The
entitlement process would occur from April through June. Construction would take
place starting in August.
STAFF RECOMMENDATION: Please refer to Action Requested.
4.
ITEM/TOPIC: Commercial Ski Storage and Private Ski Clubs (30 minutes)
PRESENTER(S): Jonathan Spence and George Ruther
ACTION REQUESTED OF COUNCIL: To solicit direction from the Town Council
related to commercial ski storage and private ski clubs. Specifically, staff requests
that the Town Council determine whether fundamental changes in the land use
require a reexamination of the policy and if so, what changes to the policy may be
appropriate.
BACKGROUND: The storage of skis and skiing related gear has evolved from the
storage of equipment to a personal service desired and often expected by our
guests. As this land use has evolved, the Town of Vail Municipal Code has
remained static, choosing instead to characterize the new uses as variants of other
uses. As a result of this inaction, the town code is unable to provide the necessary
regulatory framework to effectively and fairly uphold the intent of the Lionshead
and Vail Village Master Plans and the Town Zoning Code itself.
STAFF RECOMMENDATION: Please see staff memo.
5.
ITEM/TOPIC: Information Update:
1) October 2013 Business Review;
2) November 2013 Sales Tax;
3) Revenue Highlights; (5 min.)
6.
ITEM/TOPIC: Matters from Mayor, Council and Committee Reports:
1) 2014 Town of Vail Council Goal Setting (15 min. )
7.
ITEM/TOPIC: Executive Session, pursuant to: 1)C.R.S. §24-6-402(4)(b)(e) -
to receive legal advice on specific legal questions; and to determine
positions, develop a strategy and instruct negotiators, Regarding: Town
Owned Condominium Unit Vail Village Inn Phase 5 and Golf Course
litigation update. (30 min. ) 1/7/2014
PRESENTER(S): Matt Mire
8.
ITEM/TOPIC: Adjournment (4:30 p.m.)
NOTE: UPCOMING MEETING START TIMES BELOW (ALL ARE
APPROXIMATE DATES AND TIMES AND SUBJECT TO CHANGE)
--------------------
THE NEXT REGULAR VAIL TOWN COUNCIL REGULAR WORK
SESSION WILL BEGIN AT APPROXIMATELY 12:30 P.M. (or TBD),
TUESDAY, JANUARY 7, 2014 IN THE VAIL TOWN COUNCIL CHAMBERS
FUTURE AGENDA ITEMS:
Ongoing agenda items TBD: DRB/PEC updates - Warren - WS - 15 min.;
Information Updates Attachments: WS - 15 min.; Executive Session items:
30 min.; Consent Agenda: 5 min.; Town Manager Report: 5 min.
FUTURE AGENDA ITEMS:
Chamonix Master Plan - 1/21
Eagle County Economic Development Plan - Chris Romer - 30 min. - WS -
1/21
Eagle County Open Space - Toby Sprunk - WS - 1/21
Timber Ridge Transfer from TRAHC to Council - ES - George - 2/4
CIRSA Council Training - WS - Matt - 2/4
RRC Attendance Survey - WS - 30 min. - 2/18
Commercial Ski Storage Ordinance 1st reading - ES - 3/4
Commercial Ski Storage Ordinance 2nd reading - ES - 3/18
Plastic bags - TBD
Village Information Center - Greg - TBD
Fee Schedule changes - George - TBD
Neighborhood Speed Control - TBD - Greg/Dwight
Housing Strategic Plan - George - TBD
Beaver policy update - Kristen - WS - TBD
Vail Valley Medical Center Master Plan Update - 60 min - ES - George -
TBD
EHU Housing Authority - TBD
2015 WAC construction restrictions discussion - 30 min - WS- George -
TBD
Sister City discussion - TBD
Discussion of future of RSES - TBD
Streaming PEC & DRB - TBD
2015 Expectations/Legacy Piece - TBD
Update on I-70 noise right lane use - TBD
CDOT/Simba Run Agreement - TBD
2015 Town-wide fulfillment - TBD
VLMD Term limits - TBD
Marijuana policy discussion - WS - Matt - TBD
ERWSD Waste Management Plan - TBD
1/7/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: January 7, 2014
ITEM/TOPIC: DRB/PEC Update
PRESENTER(S): Warren Campbell
ATTACHMENTS:
December 18, 2013 DRB Meeting Results
Wall Street Commercial Property - Approved DRB Elevations
December 16, 2013 PEC Meeting Results
1/7/2014
Page 1
DESIGN REVIEW BOARD AGENDA
PUBLIC MEETING
December 18, 2013
Council Chambers
75 South Frontage Road West - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Tom DuBois Brian Gillette
Libby Maio Andy Forstl
Rollie Kjesbo
PROJECT ORIENTATION 1:30pm
SITE VISITS
1. Hoyt/Young Residence – 2764 South Frontage Road West
2. Timber Ridge – 1280 North Frontage Road West
3. Wall Street Building – 225 Wall Street
MAIN AGENDA 3:00pm
1. Hoyt/Young Residence DRB130555 / 15 minutes Joe
Conceptual review of an addition (remodel and addition)
2764 South Frontage Road West/Lot A, Stephens Subdivsion
Applicant: Brian Hoyt and Louise Young, represented by Jeff Manley
ACTION: Conceptual, no vote
2. Wall Street Building DRB130552 / 30 minutes Warren
Final review of an addition (façade)
225 Wall Street/Lots B&C, Block 5C, Vail Village Filing 1
Applicant: Wall Street Retail LLC, represented by Suman Architects
ACTION: Approved with condition(s)
MOTION: Kjesbo SECOND: Maio VOTE: 3-0-0
CONDITION(S):
1. In conjunction with the building permit submittal, the applicant shall include plans depicting
the flower boxes on the third floor balcony railings as presented at the public hearing.
2. In conjunction with the building permit submittal, the applicant shall include plans depicting
the incorporation of muntins in the transom windows installed above the balcony doors on the
third floor. The muntins shall be designed as to create four equal dimensions panes of glass.
3. In conjunction with the building permit submittal, the applicant shall include plans which
incorporate the transom window and knee wall design on the first floor commercial space
located on the northeast corner.
3. Timber Ridge DRB1300551 / 30 minutes George
Conceptual review of new construction
1280 North Frontage Road West/Lots 1-5, Block C, Lion’s Ridge Subdivision Filing 1
Applicant: Gorman & Company and Timber Ridge Housing Corporation, represented by Berglund
Architects
ACTION: Conceptual, no vote
1/7/2014
Page 2
STAFF APPROVALS
Frazier Residence DRB130441 Joe
Final review of an addition (closet)
3826 Lupine Drive/Lot 9, Bighorn Subdivision 2nd Addition
Applicant: June Frazier and James Nelson, represented by David Peel
Dobyns Residence DRB130554 Warren
Final review of changes to approved plans (windows, entry door, skylight, stucco color)
3080 Booth Creek Drive/Lot 10, Block 2, Vail Village Filing 10
Applicant: Windsurfer LLC, represented by Millie Aldrich of Pure Design Studio
Art on a Whim DRB130558 Jonathan
Final review of a sign application (business id)
286 Bridge Street/Lots A-B, Block 5D, Vail Village Filing 1
Applicant: Dana Scheer
Art on a Whim DRB130559 Jonathan
Final review of a sign application (business id)
227 Bridge Street/Lots B-D, Block 5B, Vail Village Filing 1
Applicant: Dana Scheer
Glenn Residence OTC13-0051 JRM
Final review of a minor exterior alteration (hot tub/pad)
5116 Main Gore Drive North/Lot 1, Block 2, Bighorn Subdivision 5th Addition
Applicant: Jim Glenn, represented by Stevens Home Care and Landscape Company
Mulligan/Buttonwood Residence OTC13-0053 Martin
Final review of a minor exterior alteration (reroof)
1121 Casolar Del Norte Drive/Lot A7, Block A, Lion’s Ridge Subdivision Filing 1
Applicant: Glen Mulligan, represented by Turner Morris Roofing
The applications and information about the proposals are available for public inspection during regular office
hours in the project planner’s office, located at the Town of Vail Community Development Department, 75
South Frontage Road. Please call 479-2138 for information.
Sign language interpretation available upon request with 24 hour notification. Please call 479-2356,
Telephone for the Hearing Impaired, for information.
1/7/2014
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1/7/2014
Page 1
PLANNING AND ENVIRONMENTAL COMMISSION
December 23, 2013 at 1:00pm
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Bill Pierce
Henry Pratt departed after tabling the items not being heard
Luke Cartin
Pam Hopkins
Michael Kurz
John Rediker
Susan Bird
Site Visit:
1. Timber Ridge – 1280 North Frontage Road
90 minutes
1. A request for a review of a Development Plan, pursuant to section 12-6I-11, Development Plan
Required, Housing Zone District, Vail Town Code to allow for the redevelopment of the
easternmost five & 1/4 (5.24) acres of the Timber Ridge Village Apartments, with up to 113 new
deed-restricted employee housing units; a request for a review of a preliminary plan and final
plat, pursuant to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for a resubdivision of
Lions Ridge Subdivision Filing 1, Block C, A resubdivision of Lots C1, 2, 3, 4 & 5; and a review
of a variance from Section 14-6-7, Retaining Walls, Vail Town Code, pursuant to Chapter 12-17,
Variances, Vail Town Code, to allow for the construction of retaining walls in excess of six (6’)
feet in height, located at 1280 North Frontage Road/ Lots 1-5, Block C, Lions Ridge Subdivision,
Filing 1, and setting forth details in regard thereto. (PEC130036)(PEC130037)(PEC130035)
Applicant: Gorman & Company and the Town of Vail Municipal Corporation
Planner: Warren Campbell
ACTION: Approved with condition(s)
MOTION: Kurz SECOND: Rediker VOTE: 4-2-1(Pierce & Cartin opposed, Pratt
recused)
CONDITION(S):
For purposes of the following conditions of approval, the term “Developer” shall mean
Gorman & Company, Inc., or its successors, the term “Town” shall mean Town of Vail and
the term “Project” shall mean the development plan for the redevelopment of the
easternmost portion of Timber Ridge Village Apartments.
1. Any approvals granted by the Town of Vail Planning & Environmental Commission
(PEC) shall only be effective upon the approval date of each of the three development
application requests. Should one or more of the development applications be denied
or fail to be approved, then none of the applications are approved and the proposal is
denied in its entirety.
2. The Town and the Developer shall execute a developer improvement agreement
obligating the Town to submit and implement a rockfall mitigation plan, within a
specific timeframe, which shall be designed and constructed in accordance with the
regulations prescribed in Chapter 12-21, Hazard Regulations, of the Town of Vail
1/7/2014
Page 2
Zoning Regulations. Said mitigation shall be installed, inspected for compliance and
approved prior to the issuance of any certificate of occupancy for the Project.
3. The Developer shall submit a detailed waste removal management and operations
plan specifically describing how waste and recycling will be accommodated and
managed on the site. The plan shall be submitted to the Community Development
Department for review and approval prior to the issuance of a building permit for the
Project.
4. The Developer shall submit an executed deed restriction for Lot 2, Timber Ridge
Subdivision, approved by the Town of Vail, demonstrating compliance with Chapter
12-6I, Housing District, and Chapter 12-13, Employee Housing, Zoning Regulations of
the Town Vail, prior to the issuance of a building permit for the Project. The deed
restriction shall be noted on the Final Plat prior to recording the Final Plat with the
Eagle County Clerk & Recorder’s Office. The deed restriction shall be recorded with
the Eagle County Clerk & Recorder’s Office prior to the issuance of any certificate of
occupancy on Lot 2, Timber Ridge Subdivision.
5. The Developer shall submit a construction staging plan to the Town of Vail
Community Development Department for review and approval which addresses such
matters as materials staging, construction parking plan, construction and occupancy
phasing, temporary access, construction schedule, temporary utilities, traffic control,
emergency access, etc. The Developer shall demonstrate full compliance with the
applicable regulations of the Town of Vail prior to the issuance of a building permit for
the Project.
6. The Developer shall record a revocable right-of-way permit for any and all private
property improvements located with the Town of Vail right of way. Said permit shall
be recorded with the Eagle County Clerk & Recorder’s Office prior to the issuance of a
Certificate of Occupancy for the Project.
7. The Developer shall submit a Shoring and Excavation Plan to the Town of Vail
Community Development Department for review and approval, which addresses such
matters as excavation phasing, engineered shoring plans, detailed profiles and cross-
sections, existing utilities, materials storage, permanent and temporary easements,
etc. The Developer shall demonstrate full compliance with the applicable regulations
of the Town of Vail prior to the issuance of a building permit for the Project.
8. The Developer shall make a one time payment in lieu of transportation improvements
to the Town of Vail for mitigation of development impacts on the Town’s
transportation systems. Said payment shall be equal to the net number of new
vehicular trips generated in the peak PM hour times $6,500 per trip. Payment shall be
made prior to the issuance of any certificate of occupancy for the Project. The Town
will accept the construction of any required transportation improvements in lieu of
payment as compliance with the mitigation of development impacts obligation. The
final cost of the traffic impact fee obligation, whether constructed or paid in lieu, shall
be as outlined in the Developer Improvement Agreement between the Developer and
the Town.
9. The Developer shall submit an engineered analysis of gabion walls proposed to remain
on the site. Said analysis shall address the existing structural conditions of the walls,
how the existing walls will be physically integrated into the construction of the new
retaining wall system, and how structural shoring will be provided during
1/7/2014
Page 3
construction. In no instance shall the design or construction negatively impact the
adjacent properties or improvements. The engineered analysis shall be reviewed and
approved prior to the issuance of a building permit for the Project.
10.The Developer shall submit a revised grading plan for the west end of the development
site demonstrating how the existing portions of the parking lot and drive aisles to
remain tie into the proposed new improvements. The revised grading plan shall be
reviewed and approved prior to the issuance of a building permit for the Project.
11.The Developer shall obtain a Access Permit from the Colorado Department of
Transportation (CDOT) prior to submitting a building permit application to the Town
for construction of the Project. A Notice to Proceed from the CDOT shall be reviewed
and approved prior to the issuance of a building permit for the Project.
12.The Developer shall record a copy of the approved Final Plat of the Timber Ridge
Subdivision with the Eagle County Clerk & Recorder’s Office prior to submitting a
building permit application to the Town for the construction of the Project.
13.The Developer and the Town shall place a limitation in the deed restriction, as required
in Condition # 4 above, on the number of vehicles allowed on a per unit type basis
prior to the issuance of any certificate of occupancy.
Commissioner Pratt recused himself due a conflict of interest.
George Ruther, Director of Community Development, introduced the project. He outlined the
development team and spoke to the town’s role as co-applicant. He concluded with a brief
history of the previous redevelopment efforts.
Commissioner Kurz asked about financing and if it would become an issue further down the line
on this project as it had on the previous proposals.
George Ruther responded with some history including various RFP processes and why they fell
apart. He discussed how things are different in that respect with the town owning the property
free and clear at this point. He did not foresee a repeat of previous
Warren Campbell gave an overview of the project and the staff report. He discussed the three
applications being requested and the criteria and findings by which each was to be reviewed.
Commissioner Pierce requested clarification of the proposal to deed restrict 70% of the GRFA
within the project and have 30% unrestricted in terms of occupancy requirements.
Warren Campbell described the zone district requirements and what is being proposed.
Commissioner Cartin asked about the pedestrian path/fire lane in the previous proposal and why
it was not included in the current proposal.
Warren Campbell stated that the revised project did not necessitate that same solution as
presented in the previous plan. Fire staging areas were spread throughout the site.
Commissioner Cartin asked about occupancy and review criteria related to the strategic housing
plan. He made an argument that there were actually fewer beds in the proposal than existed
currently. He was concerned the redeveloped project would not house the existing number of
employees, but should be designed to house a greater number of employees.
1/7/2014
Page 4
Warren Campbell discussed the assumptions that went into the analysis to determine the
number of employees that could be accommodated in the new project as compared to the
existing project.
George Ruther spoke to the occupancy, demand, and impacts associated with different
occupancy rates. He added that the analysis appears negative but in actuality the newer units
will be more liveable than the dated existing nonfunctional units.
Jen Wright, applicant, gave his background and how the project got to this point. He spoke to the
changing economics and demographics including interest rates, unit type, lease land deal,
community funding availability, and business structure. Spoke to the multiple iterations of the
plan, who the target market is and how the demographics of the workforce is changing. The
average age is increasing amongst the rental market, for example. There are various constraints
that add to the complexity of the project, such as site constraints, financing, etc. Discussed split
between one and two bedroom units and parking. Spoke to how structured parking resulted in
the rental rates being too high. Spoke to the livability of the new units with higher ceilings,
storage, bathrooms with each bedrooms, washer and dryers in unit and ample deck space.
Actual difference in existing/proposed number of bedrooms is 6 less.
Commissioner Hopkins asked about the First Chair project.
Jen Wright spoke to the project and the differences in the target market.
Rick Pylman, applicant’s representative, gave a presentation highlighting the project layout, unit
mix, different buildings, transit plan, ADA, grades, communal space, trash/recycling, parking,
adjacent properties, dimensional standards and density.
Gary Brooks, Alpine Engineering, discussed the site plan and grades including the transit
changes. He went through the existing and proposed topography and the existing and proposed
retaining walls.
Commissioner Pierce asked about the slope shown near Building C.
Gary Brooks responded and continued with general comments about the site plan.
Commissioner Bird asked about ADA accessible unit locations.
Hans Berglund, applicant’s architect, discussed the code requirements related to ADA
accessibility and how these are being met. He continued by discussion the design of the
structures and the reasons being the proposed site plan layout.
Commissioner Bird asked a question why the bathroom was only able to be accessed through
the bedroom.
Hans Berglund discussed the rational was for the efficiency of the units to maximum floor areas.
Rick Pylman concluded with a discussion of grade, variance request, existing conditions,
subdivision request, parking allocation and management and review criteria.
Commissioner Rediker asked about emergency vehicle access for building D.
Rick Pylman spoke to the accommodation of the fire truck in that area.
1/7/2014
Page 5
Commissioner Kurz asked about the park and its anticipated programing.
Rick Pylman stated that the programming may include play equipment, picnic tables, etc. in the
future, but it was currently an unknown.
Commissioner Bird requested clarification about deed restrictions.
Warren Campbell reiterated the deed restriction language and that everything was rental.
Commissioner Pierce voiced his concern with the loss of beds. He expressed concern that the
plan is short sighted and may not meet needs identified in the Housing Strategic Plan. He added
that all the units should be deed restricted for employees only. The project doesn’t address the
goal of housing the seasonal employee. He added that Pitkin Creek Park included limited
commercial resulting in interaction between employees and other users. Asked about different
costs such as land costs and parking costs. Thinks parking provided for the units is appropriate.
George Ruther spoke to the projects transportation needs and the proposal.
Commissioner Hopkins spoke to project demographics. Felt the architecture was coming along
and that the roof lines need to be broken up further.
Commissioner Cartin felt provided parking and variance request for the retaining wall were
appropriate. He stated that he was struggling with employee housing plan and how this project
meets the contents of the document. He is did not think this was the place for a mix of 1 and 2
bedroom units. A dormitory style would accommodate more employees and address the needs
in the Employee Housing Strategic Plan. He did not feel the proposal met criterion F regarding
compliance with the adopted comprehensive plan.
Commissioner Bird agreed with the previous comments. Interesting project but feels this is the
place for affordable living for the seasonal worker. Supported Commissioner Pierce’s thoughts
about interaction between people generated by a commercial use on the site.
Commissioner Rediker spoke to the proposed residents and if what is being proposed can meet
our seasonal needs. Will the prices be affordable?
Commissioner Kurz felt differently than the other Commissioners. He recognized changes in
demographics in the area. He did not support retail on the site. He believed what was being
planned is in compliance and fits the needed niche.
Commissioner Bird asked if the rent was going to be subsidized.
George Ruther confirmed that there would be no additional subsidies. Spoke to employee
housing and the community. Feels that this is a step in the right direction. Talked about strategy
moving forward and the west half of the site. Talked about how structured parking can not be
recouped through rents. Spoke to project economics and how this project is buildable. Spoke to
how this projects meets the requirements for approval.
Commissioner Bird asked if anything was going to happen to the west end at this time.
George responded that upgrades on the west are primarily interior.
1/7/2014
Page 6
Commissioner Hopkins spoke anecdotally about how what is being proposed may help future
residents from being pushed down valley.
Jen Wright responded to concerns expressed by Commissioners Pierce and Cartin. Spoke to the
project financing and what is feasible. Spoke to subsidy and policy question. Possible rents to be
$1200 for one bedroom and $1600 for a two bedroom. Similar on a per square foot basis to
Middle Creek.
2. A request for the review of a final plat, pursuant to Chapter 13-12, Exemption Plat
Review Procedures, Vail Town Code, to allow for the relocation of an existing platted
building lot, located at 1191 Casolar Del Norte Drive, Lot 5/Lot A-7, Block A, Lion’s Ridge
Subdivision Filing 1, and setting forth details in regard thereto. (PEC130038)
Applicant: Todger Anderson, represented by Tom Braun
Planner: Warren Campbell
ACTION: Table to January 13, 2014
MOTION: Cartin SECOND: Hopkins VOTE: 7-0-0
3. A request for the review of a variance from Section 12-6E-8, Density Control, Vail Town Code,
pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for an increase in dwelling units
per acre to facilitate the construction of two single-family residences, located at 1183 and 1191
Casolar Del Norte Drive/Lots 4 and 5, Casolar Vail, and setting forth details in regard thereto.
(PEC130010)
Applicant: Todger Anderson, represented by Tom Braun
Planner: Warren Campbell
ACTION: Table to January 13, 2014
MOTION: Cartin SECOND: Hopkins VOTE: 7-0-0
4. Approval of November 25, 2013 and December 9, 2013 minutes
MOTION: Cartin SECOND: Kurz VOTE: 7-0-0
5. Information Update
6. Adjournment
MOTION: Kurz SECOND: Cartin VOTE: 6-0-0
The applications and information about the proposals are available for public inspection during
regular office hours at the Town of Vail Community Development Department, 75 South Frontage
Road. The public is invited to attend the project orientation and the site visits that precede the public
hearing in the Town of Vail Community Development Department. Times and order of items are
approximate, subject to change, and cannot be relied upon to determine at what time the Planning
and Environmental Commission will consider an item. Please call (970) 479-2138 for additional
information. Sign language interpretation is available upon request with 24-hour notification. Please
call (970) 479-2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published December 13, 2013 in the Vail Daily.
1/7/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: January 7, 2014
ITEM/TOPIC: Discussion of Community Wide Recycling Ordinance elements.
PRESENTER(S): Community Wide Recycling Ordinance
ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council provide
feedback on the ordinance elements as proposed, and provide policy direction on the
additional items listed in Section IV of the attached memorandum.
BACKGROUND: At the conclusion of the work session held December 3, 2013, the Vail
Town Council directed staff to move forward with a draft Community Wide Recycling ordinance
in order to facilitate commercial and residential recycling, based upon recommendations
provided by the Vail Recycling Advisory Committee. This process will enable Vail residents,
guests and businesses to have access to curbside recycling with the same frequency as trash
pickup, have more control over their bills (as they recycle more, they may pay less for trash),
and have access to recycling and recycling education in private businesses. Also, by licensing
waste haulers, the Town will be able to track recycling data, require a larger curbside recycling
bin and more frequent pickup.
STAFF RECOMMENDATION: Staff recommends the Vail Town Council support the
proposed ordinance elements and directs staff to return with a final draft of the Community
Wide Recycling Ordinance on the February 18th, 2014 evening Council session.
ATTACHMENTS:
Community Wide Recycling Ordinance Memo
Recycling Presentation
Draft Ordinance
1/7/2014
TO: Vail Town Council
FROM: Community Development Department
DATE: January 7, 2014
SUBJECT: Community Wide Recycling Ordinance Options
I. PURPOSE
The purpose of this memorandum is to provide an update and seek feedback on key
recommended measures to be included in the Vail Community-Wide Recycling
ordinance and associated options.
II. BACKGROUND
Vail Town Council Waste Diversion Goal
Environmental Sustainability Strategic Plan Waste Diversion Goal (adopted
January, 2009): Reduce the amount of Town of Vail landfill contributions by 10%
within 5 years (2013) and 25% within 10 years (2019).
At the conclusion of the work session held December 3, 2013, the Vail Town Council
directed staff to move forward with a draft Community Wide Recycling ordinance in
order to facilitate commercial and residential recycling, based upon recommendations
provided by the Vail Recycling Advisory Committee. This process will enable Vail
residents, guests and businesses to have access to curbside recycling with the same
frequency as trash pickup, have more control over their bills (as they recycle more, they
may pay less for trash), and have access to recycling and recycling education in private
businesses. Also, by licensing waste haulers, the Town will be able to track recycling
data, require a larger curbside recycling bin and more frequent pickup.
III. VAIL COMMUNITY WIDE RECYCLING ORDINANCE RECOMMENDATIONS
The goals of the recycling ordinance, as affirmed by the Vail Town Council follow:
Goals of Recycling Ordinance
• Meet or exceed Town waste diversion goals
• Increase participation in recycling
• Make recycling convenient, easy, and affordable
• Provide education for households and businesses on how, what, and why to recycle
• Provide a mechanism to measure progress
• Support existing solid waste and recycling businesses and infrastructure (haulers, recyclers, county landfill,
county material recovery facility (MRF))
• Make Vail a leader in green and environmental initiatives and showcase the pride that Vail residents and
businesses have in their community
1/7/2014
Town of Vail Page 2
Recycling Advisory Committee Members
• Scott Hutchingson and Aron Diaz, Waste Management
• Adam Bybliw, Vail Resorts
• Matt Donovan and Byron Harrington, Vail Honeywagon
• Matt Morgan, Sweet Basil and Mountain Standard,
• Mark Gordon, Vail resident
• Pam Hopkins, Snowdon Hopkins Architects and Vail resident
• Jeff Kennedy, Moe’s BBQ
• Jesse Masten, Eagle County Landfill
• John-Ryan Lockman, Eagle Valley Alliance for Sustainability
• Jeremy Frees, Mountain Roll-Off Inc.
• Dan McNeill (representative), McNeill Property Management
Recommended Ordinance Elements
The three most effective ways to increase waste diversion through recycling are 1)
license haulers so you can track your data and achieve frequency of collection, 2)
provide economic incentives (Save As You Recycle) and 3) make recycling mandatory.
These three items, among the others listed below, are recommended measures to be
included in a Vail Community Wide Recycling Ordinance by the Recycling Advisory
Committee.
• Applicability
The ordinance elements will apply to all waste haulers operating within the Town of Vail,
and all residential and commercial waste generators, with the exception of those
generators which do not require, or subscribe to, any waste services.
• Licensing
Hauler Licensing and Reporting: This measure would require haulers to obtain a
license from the Town of Vail. Attached to this license would be the following
requirements:
• Bi-annual reporting – submit trash and recycling volumes to the Town of
Vail twice per year
• Proof of insurance
• Recyclables must be taken to designated recycling facility
• Recycling service with the same frequency as trash (weekly in most
cases)
• Economic Incentives
Residential Embedded Rates: This measure requires that residential trash service
include recycling service (e.g. recycling may not be a separate line item on their bill).
Residential Volume Based Rates (Save as You Recycle): This measure requires that
every provider of residential trash service must offer each of its customers the option to
subscribe to different levels of service with different capacities of solid waste containers,
such as 32, 64 and 96 gallon carts, and must charge their customers based on this
volume of service. For residential customers, the base unit of trash service must be no
larger than the approximate capacity equivalent of a 32 gallon can or cart. If a customer
does not exercise their option, the provider may establish a default level of service that
is not larger than 2 units of service or 64 gal.
1/7/2014
Town of Vail Page 3
Commercial Recycling Embedded Rates: This measure requires that haulers embed
a minimum level of recycling service (i.e., at least one 96 gal container) for businesses
and commercial properties (including multi-family residential).
• Infrastructure
Mandatory Recycling: This measure requires that commercial properties (including
multi-family residential) and residential properties recycle designated recyclables at the
curb, or on-site.
Residential Recycling Service/Frequency of Collection and Bin Size: This measure
requires that recycling be picked up at the curb as often as trash service. For example,
if a resident currently has trash pickup every Tuesday and recycling pickup every other
Tuesday, trash and recycling must be picked up every Tuesday. A minimum 64 gal
recycling container must be offered to customers.
Property Owners Must Provide Recycling Options: This measure requires that
property owners (commercial and multi-family residential) arrange for the
means/infrastructure to recycle (e.g. recycling dumpster, or cart service).
• Education
New Staff Training: This measure requires that businesses train new employees on
how and where to recycle on-site.
Container Signs: This measure requires that waste haulers provide multi-lingual
signage for their on-site commercial containers as well as residential carts indicating
what materials are recyclable.
IV. OPTIONS FOR DISCUSSION
The above elements are considered standard industry practice with respect to municipal
recycling ordinances and are recommended for inclusion in the ordinance. However,
several items warrant further discussion as there are options a community may include
in a recycling ordinance to achieve the desired result based on local circumstances.
Wildlife Resistant Recycling Container Requirement
Under current regulations, trash is required to be placed in a wildlife resistant, locked
container while recyclables are not specifically mentioned. While the “official” ticketed
incidences of bears getting into recycling bins have been few, the Vail Police
Department recommends that any new recycling ordinance contain the provision that
they be wildlife resistant as well. This option increases labor time for the hauler and
does increase the cost of the container. Therefore, some communities have included
the exception that recyclables do not have to be in a bear proof container if they are not
placed at the curb after 6:00 a.m. on the day of pick up. Note that this does not address
the issue of outdoor recycling storage, particularly in Matterhorn and some East Vail
neighborhoods in which trash/recycling bins are stored next to homes outdoors.
Designated Space for Recyclables on Building Plans
For new commercial construction and significant remodels, requiring that space be
shown and designated on building plans in the trash area for recycling is an effective
1/7/2014
Town of Vail Page 4
way to ensure that space does not prevent a property from recycling. This is
encouraged in practice in the Community Development Department, but is not codified.
Expanded Site Coverage Allowance for Recycle Storage
Current Vail regulations require that trash stored outside be in an enclosed, lockable
structure. Therefore, some businesses and multi-family properties have limited space
for additional storage of recyclables. While the total volume of trash will obviously not be
increased with a recycling mandate, an additional bin maybe difficult to fit in an
enclosure built for trash only. Allowances for site coverage may be needed to permit
businesses to expand their trash storage.
Effective Date
In order to allow time for waste haulers and waste generators to make adjustments to
accommodate recycling in their home or business, an extended effective date of May
15th, 2014 is recommended.
V. ACTION REQUESTED
Staff requests that the Vail Town Council provide feedback on the ordinance elements
as proposed, and provide policy direction on the additional items listed in Section IV.
VI. NEXT STEPS
Staff will return to the Vail Town Council with a final draft of the Community Wide
Recycling Ordinance on February 18, 2014. Staff will also continue to provide outreach
and education to the community, waste haulers and business owners to ensure a
smooth transition process.
VII. ATTACHMENTS
A. Draft Community Wide Recycling Ordinance
1/7/2014
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1/7/2014
Page 1
ORDINANCE NO. X
SERIES 2014
AN ORDINANCE EXTENDING AMENDMENTS TO SECTION >>>>, VAIL
TOWN CODE, TO ESTABLISH REGULATIONS FOR RECYCLING OF SOLID
WASTE GENERATORS AND SOLID WASTE SERVICES PROVIDED BY
WASTE SERVICES COMPANIES OPERATING IN THE TOWN OF VAIL AND
SETTING FORTH DETAILS IN REGARDS THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
“Town”) is a home rule Town duly existing under the Constitution and laws of the State
of Colorado and its home rule charter (the “Charter”);
WHEREAS, the members of the Town Council of the Town (the “Council”) have
been duly elected and qualified;
WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the
procedures for amending the Town’s Zoning Regulations;
WHEREAS, The Colorado Department of Public Health and Environment
estimates that each person generates approximately 3,150 pounds of waste per year
and that 75% of discarded materials are disposed. A large portion of the disposed
materials could be reused, recycled or put to other beneficial use, resulting in significant
resource, energy, and economic savings;
WHEREAS, the current waste diversion rate in Eagle County is between 17 and
19 percent, and the diversion rate in the Town of Vail is roughly 10% in the residential
sector and 19% in the business sector, below the national average waste diversion rate
of 34.5 percent;
WHEREAS, through the adoption of the Environmental Sustainability Strategic
Plan, the Town of Vail has established a goal of reducing the waste going to the landfill by
25% by 2019. Increased participation in recycling programs and maximizing capture rate
of recyclables through existing and future programs are be necessary to meet or exceed
the recycling goal;
WHEREAS, an estimated 100% of the discarded materials generated in the
Town of Vail are disposed in landfills. As the Eagle County landfill reaches permitted
capacity, it is becoming more difficult and expensive to site, permit and develop new
landfills;
WHEREAS, through the adoption of the Environmental Sustainability Strategic
Plan, the Town of Vail has established goal of reducing greenhouse gas emissions in the
community by 20% by 2020, and, dollar for dollar, diverting waste from the landfill is the
most cost effective and efficient way of doing so; and
1/7/2014
Page 2
WHEREAS, municipalities are empowered by C.R.S section 30-15-401(1)(a)(II) to
inspect vehicles proposed to operate in the conduct of business of transporting ashes,
trash, waste, rubbish, garbage, or industrial waste products or any other discarded
materials
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section XX-X-X, Definitions, Vail Town Code, shall be amended as
follows (text that is to be added is bold italics and sections of text that are not amended
have been omitted):
Collector: any person or company in the business of collecting, transporting
or disposing of Discarded Materials for another, for a fee, or for no fee except
as described in section 3, (b) below.
Commercial Customer: any premises where a commercial, industrial, or
institutional business or enterprise is undertaken, including, without
limitation, retail establishments, restaurants, hospitals, manufacturing
factories, day care centers, office buildings, nursing homes, clubs, churches,
and public facilities.
Discarded Materials: all putrescible and non–putrescible Solid Waste
discarded from any residential, multi-family or commercial source including
Recyclable Material. The term Discarded Materials shall exclude discarded or
abandoned vehicles or parts thereof, sewage sludge, septic tank and cesspool
pumping, hazardous waste, materials used for fertilizer and recyclable
material that have been source separated for collection
Hauler: Collector of solid waste
Multi-Family Customer. Shall mean any residential structure with 8 or more
residential units that employs a communal system for garbage, solid waste, or
refuse collection.
Refuse: Shall mean solid waste
Solid Waste: Shall mean all putrescible and non - putrescible waste, excluding
discarded or abandoned vehicles or parts thereof, sewage sludge, septic tank
and cesspool pumping, hazardous waste, materials used for fertilizer and
recyclable material that have been source separated for collection
Source Separation: The process by which recyclable materials are separated
at the point of generation by the generator thereof from solid waste for the
purposes of recycling.
1/7/2014
Page 3
Residential Customer. All residential structures with not more than 7 units that
receive garbage, solid waste, or refuse collection.
Recyclable Materials: Shall mean discarded materials from any commercial,
multi-family, or residential source that are collected separately for the purpose
of such materials being re-used or reprocessed into new or different materials
provided the materials have been designated in subsection XX of this
ordinance.
Section 2. Licensing
XX-X-XX: License Requirement: It shall be unlawful for any person to operate
or conduct business as a residential, multi-family, or commercial hauler of
Solid Waste or Recyclable Material without first obtaining a license as set forth
in this Section.
a. Applicability: Section 2 applies to any commercial hauler of Solid
Waste or Recyclable Material in the Town of Vail.
b. Exceptions: The following persons or entities are not required to
obtain a municipal solid waste collection license:
1. Any person or agent thereof who transports to the landfill only the
garbage that person generates
2. A civic, community, or benevolent or charitable nonprofit organization
collecting, transporting and marketing recyclables solely for the
purpose of raising funds for a civic, community, benevolent, or
charitable event
3. A property owner or agent thereof who transports discarded materials
left by a tenant upon such owner’s property, so long as such property
owner is not provided compensation from tenants on a regular basis
4. Demolition or construction contractors or landscaping companies that
produce and transport discarded material produced incidentally to the
demolition, construction, or landscaping work.
5. Any person who transports only liquid waste (such as restaurant
grease)
c. Licensing Process: The Town of Vail Community Development
Department shall set forth the standards for the implementation of the hauler
licensing program including the amount of the licensing fees, the designation
of recyclable materials, and the schedule for collecting licensing fees.
1. Proof of Insurance. Prior to issuance of license each collector
must provide proof of general comprehensive liability / automobile
insurance policy protecting collector from all claims for damage to
property of for bodily injury, including death, which may arise from
1/7/2014
Page 4
operations under or in connection with this license and providing limits of
coverage of not less than five hundred thousand dollars ($500,000.) for
bodily injury and property damage per occurrence or in aggregate.
Section 3. Licensee Requirements
a. Bi-Annual Reporting: All haulers shall submit twice yearly reports to
the Community Development Department on the weight (in tons) of Solid
Waste and Recyclable Materials collected within the Town limits of Vail. For
loads that contain Solid Waste or Recyclable Materials originating in part from
within the Town limits and in part from outside the Town limits the reported
quantity may be estimated by the hauler but must use the standardized
formula provided by the Town of Vail which shall include the use of both the
scale tickets and customer route sheets, and reported as an estimate.
b. Submittal: Bi-annual reports shall be submitted on January 31 and
July 31 using a form or forms provided by the Community Development
Department. All reports shall be treated as confidential commercial documents
under the provisions of the Colorado Open Records Act.
c. Recyclable Material Designation: Except for materials that customers
have not properly prepared for recycling and so are grossly contaminated
(fifteen percent [15%] or more of trash) Collectors may not dispose of
Recyclable Materials set out by customers by any means other than delivering
it to a recycling facility that sorts, packages, and otherwise prepares
Recyclable Materials for sale.
d. Notice: Every public or private provider of residential, multi-family, or
commercial Solid Waste collection service must give each of its customers
written notice of all available service options and corresponding variable rate
charges upon commencement of service. Written notice of the full range of
services, container sizes, rates, and the recycling service options including
the materials that may be recycled shall be provided to all new customers
upon commencing of service and all collectors shall provide notice at least
annually to customers on the full range of services, container sizes, rates and
recycling options including the materials that may be recycled. On or before
January 31 of each year the Hauler shall deliver to the Community
Development Department a true and correct copy of the notification sent to
each customer type.
e. Residential Embedded Rates: On Residential Customer bills, every
licensed provider of residential Solid Waste collection service must combine
charges for Solid Waste and Recyclable Material collection service and may
not itemize them separately, one from the other.
f. Residential Volume Based Rates: Every provider of residential Solid
Waste service must offer each of its customers the option to subscribe to
1/7/2014
Page 5
different levels of service with different capacities of solid waste containers,
such as 32, 64 and 96 gallon containers/carts, and must charge their
customers based on this volume of service. For residential customers, the
base unit of trash service must be no larger than the approximate capacity
equivalent of a 32 gallon can or cart. If a customer does not exercise its
option, the provider may establish a default level of service that is not larger
than 2 units of service or 64-gallons.
1. Variable Rates: Every provider of residential Solid Waste collection
service must charge variable rates described in Section 4.5 (c) for the
corresponding level of service or units of garbage collection.
i. Prescribed variable rate increments:
(1) Multiples prescribed by service providers. Every provider of
residential Solid Waste collection service in the Town of Vail must
structure the increments of its variable rate at a prescribed multiple
of the base unit of trash collection which is no larger than 32-gallons.
Such increment shall be equal to 80% or more of the charges for the
first unit of trash (for example, $X for unit 1, $X + ($X * 80%) for two
units, $X + (($X * 80%) + ($X * 80%)) for three units).
(2) The provisions of this subsection shall not be construed to
prohibit any collector from establishing rules and regulations
regarding the safe maximum weight of containers of Solid Waste and
Recycling Material containers.
(3) Nothing in this section shall be construed as prohibiting any
hauler from providing separate pricing for special collection of bulky
items, yard waste, contaminated recyclables, unscheduled pick-up of
solid waste or Recyclable Material, extra volumes of trash, or more
than what was subscribed with for hauler of solid waste
g. Auditing. A representative of the Town of Vail may audit a licensed
solid waste provider’s subscription, billing and other relevant records to
determine whether or not the provider has complied with the provisions of
Section 3, 3.5 at the provider’s office located nearest to the Town of Vail
during hours that the office is open for business, on at least one week’s
notice.
h. Residential Recycling Service: Every provider of residential Solid
Waste service must offer each of its residential customers curbside
recyclables collection service at the same frequency of garbage collection,
in lidded, wildlife resistant containers no smaller than 64 gallons capacity
of the designated Recyclable Materials. [Alternative to bear resistant
containers: recyclables may only be placed outdoors for collection after 6
a.m. on the day of collection].
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Page 6
i. Container Signs: Solid Waste and Recycling collectors must include
stickers or signs on their Solid Waste and Recycling Material containers
indicating what materials are accepted in each container. The signs shall
include pictures and words of the acceptable materials and be in both
English and Spanish.
Section 4. Designated Recyclables List
a. Designated Recyclables Collection: The Recyclable Materials that
collectors are required to pick up shall be set forth in the Town’s
‘Recyclable Materials List’ which shall be prepared and amended as
conditions change. The Recyclable Materials List shall be developed after
consultation with the Eagle County Landfill, the Environmental
Sustainability Coordinator from the Town of Vail, and representatives of the
licensed haulers operating within the town limits and shall be available for
review on the Town’s website.
b. Designated Recyclables Generators: The Recyclable Materials that
generators are required to source separate from their solid waste shall be
set forth in the Town’s ‘Recyclable Material List’ which shall be prepared
and amended as conditions change. The Recyclable Material List shall be
developed after consultation with the Eagle County Landfill, the
Environmental Sustainability Coordinator from the Town of Vail, and
representatives of the licensed haulers operating within the town limits and
shall be available for review on the Town’s website.
Section 5. Recycling requirements
a. Placement of Recyclable Materials and Solid Waste for Pick Up
1. All recyclable materials accumulated on any premise
shall be placed in a container or containers separate from
solid waste, or in a suitable manner to keep it separate for
collection or self haul.
2. Town approved Recyclable Materials shall not be
placed in solid waste containers.
3. No refuse, solid waste, or compost shall be placed in
any recycling receptacle provided by a collector for the
purposes of hauling and delivering recyclables to a recycling
facility.
4. Nothing in this section is intended to prevent any
person from donating or selling recyclable materials generated
on their premises.
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Page 7
b. Requirement for Recycling Service
1. All Recyclable Material must be Source Separated,
stored, and presented or delivered to a Town of Vail licensed
Solid Waste Hauler.
2. It shall be the duty of any owner or occupant of any
premises to ensure that containers designated for collection
or disposal as solid waste do not contain designated
Recyclable Materials when such containers are offered for
solid waste collection or disposal.
3. It shall be the duty of any owner or occupant of any
premises to ensure that they contract for recycling service,
self haul, or otherwise provide service for the delivery of
Recycling Material to a qualified recycling facility appropriate
for the designated material. The service shall be of an
adequate level to prevent the designated Recyclable Material
containers from overflowing on a regular basis.
4. Any owner or occupant of a commercial
establishment with solid waste disposal containers available
for customers or guests shall make available a container for
recyclable materials that is of similar size and located in an
equally convenient location.
5. Any owner or occupant of a commercial
establishment must include recycling training for new
employees and annual training for existing employees. At a
minimum the recycling training must include a review of the
list of designated Recyclable Materials, directions on how to
Source Separate, and an overview of the commercial entity’s
recycling and Solid Waste operations.
Section 6. Violations and Penalties
a. Violations licensee: It shall be unlawful for any provider of
residential refuse and trash service to:
1. Fail or refuse to follow the requirements for licensing
(Ordinance X, Series 2014); or
2. Aid or abet another in any attempt to evade any
requirements imposed by this chapter.
3. Violation of provisions of the ordinance shall be subject to
the penalty provisions of up to $100 per day.
1/7/2014
Page 8
b. Violations generator: It shall be unlawful for any owner or occupant
of any residential, multi-family, or commercial to:
(a) Fail or refuse to follow the requirements included in
SECTION 6; or
(b) Aid or abet another in any attempt to evade any
requirements imposed by this chapter.
(c) Violation of provisions of the ordinance shall be subject to
the penalty provisions of up to $100 per day.
Section 7. Effective Date: Ordinance X, Series 2014, shall be in effect
as of May 15th, 2014.
Section 8. If any part, section, subsection, sentence, clause or phrase
of this ordinance is for any reason held to be invalid, such decision shall not
effect the validity of the remaining portions of this ordinance; and the Town
Council hereby declares it would have passed this ordinance, and each part,
section, subsection, sentence, clause or phrase thereof, regardless of the fact
that any one or more parts, sections, subsections, sentences, clauses or phrases
be declared invalid.
Section 9. 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 10. The amendment of any provision of the Town Code as
provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any
prosecution commenced, nor any other action or proceeding as commenced
under or by virtue of the provision amended. The amendment of any provision
hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 11. 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.
1/7/2014
Page 9
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN
FULL ON FIRST AND FINAL READING this 21st day of January, 2014 and a public
hearing for second reading of this Ordinance set for the 18th day of February, 2014, 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
18th day of February, 2014
________________________
Andrew P. Daly, Mayor
ATTEST:
__________________________
Tammy Nagel, Acting Town Clerk
1/7/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: January 7, 2014
ITEM/TOPIC: Booth Creek Park Redevelopment. The purpose of this Council presentation is
to present to the Vail Town Council for review, comment and approval the Problem Statement,
Goals, Givens, Public Process and Schedule for the redevelopment of Booth Creek Park.
PRESENTER(S): Todd oppenheimer
ACTION REQUESTED OF COUNCIL: Staff requests the Town Council to provide direction
on the following items:
1. Review, comment and approval of the goals, givens, process and schedule.
2. Review, comment and approval of the planning and design process for the
redevelopment of Booth Creek Park starting with neighborhood/community
meetings.
3. Preference, if any, on the approach to the design of the playground and integration of art
elements.
BACKGROUND: Staff is prepared to begin the process for redevelopment of Booth Creek
Park. Residents in the area of the park have voiced concerns about the condition of the
existing facilities especially the tennis courts. Funds have been allocated in the RETT Capital
Budget for planning and design as well as construction of improvements. Neighborhood and
community meetings can be scheduled this winter with the goal of developing an overall plan
for the park including how the improvements may be phased to correspond with the budget
allocations. Once staff has prepared an overall plan, design and engineering consultants will
be hired to assist with the presentation graphics for the entitlement process and construction
documents. The public involvement would begin in January and proceed through entitlement
as well as during construction. The entitlement process would occur from April through
June. Construction would take place starting in August.
STAFF RECOMMENDATION: Please refer to Action Requested.
ATTACHMENTS:
Memorandum to the Town Council
Power Point Presenatation
1/7/2014
To: Vail Town Council
From: Department of Public Works
Date: January 7, 2013
Subject: Booth Creek Park Redevelopment Process
I. PURPOSE
The purpose of this memorandum and Council presentation is to present to the Vail Town
Council for review, comment and approval the Problem Statement, Goals, Givens, Public
Process and Schedule for the redevelopment of Booth Creek Park.
II. BACKGROUND
Booth Creek Park, located at 2900 Manns Ranch Road, is one of Vail’s 18 public park and open
space properties. Originally deeded to the Town of Vail by Vail Associates in 1984 and
developed in 1986 (tot lot) the park is 3.0 acres in size and is zoned Outdoor Recreation. The
park is bounded on the east by another open space property along Booth Creek. This stream
tract parcel is 3.8 acres in size and is zoned Natural Area Preservation.
The existing recreation facilities in Booth Creek Park consist of a tennis courts, tot lot, picnic
tables, and bicycle path. The tennis court is in very poor condition with numerous cracks in the
surfacing and fence damage. A second tennis court was removed several years ago by the Vail
Recreation District because its condition had rendered it un-useable and unsafe. The tot lot is
structurally sound but lacks any significant play value and is not in compliance with the current
playground safety standards and guidelines. Booth Creek Park is the only park which does not
have a public restroom facility with a playground. The bicycle path is part of the North
Recreation Trail system and is in good condition.
The neighborhood boundaries for Booth Creek Park extend from the East Vail interchange to
the Vail Golf Course.
III. PROBLEM STATEMENT
The amenities that currently exist in Booth Creek Park were constructed in the mid-1980’s.
They are worn out, damaged and not in compliance with current standards and expectations for
park facilities in Vail. The park is poorly organized and does not take advantage of the space
that is available within the site. The park lacks adequate public facilities similar to Vail’s other
parks. It is the Town’s responsibility to ensure the Town facilities are constructed, maintained
and operated in a manner consistent with the expectations of our residents and guests.
Goal
To provide the Booth Creek neighborhood and the community with the same level of world-class
recreation facility that exists in other neighborhood parks throughout town by:
1/7/2014
Town of Vail Page 2
• Replacing lost recreational opportunities due to deterioration of the existing
facility.
• Improving the quality, character and functionality of the facility consistent with
other Vail neighborhood parks.
• Bringing the facility into compliance with current standards and guidelines for
playground safety and facility accessibility.
GROUND RULES (GIVENS)
a. The redevelopment project boundary will include the following areas:
Booth Creek Park, Block 1, Lot 11, Vail Village 13th Filing
Booth Creek streamtract, Tract B, Vail Village 13th Filing
Colorado Department of Highways right-of -way for North Frontage Road East
Public right-of -way of Manns Ranch Road and Booth Falls Drive.
b. The Development Plan will respect and enhance natural and man-made character of the
site.
c. The project will comply with the current playground safety standards and guidelines.
d. The project will meet all applicable Town codes.
e. The Town of Vail will work collaboratively with the neighborhood and community park users
and the Vail Recreation District in determining park elements, park design, phasing and
construction within the established budget.
f. Town Council has the final decision-making authority on the redevelopment project,
adoption of implementing options, public improvements, and public financing mechanisms.
The Town Council or its authorized boards (e.g., PEC and DRB) will make final decisions
on subsequent site-specific development proposals consistent with the redevelopment
plan.
IV. Key issues
a. Determining the desired approach to the design and development of the playground.
b. Determining what amenities and features are to be included in the park redevelopment.
c. Obtaining necessary Board approvals for the Development Plan including the number of
parking spaces required for the park facility and the extent to which the Booth Creek
Streamtract parcel is to be included in the park redevelopment
d. Phasing and timing of the improvements to coincide with the project funding.
V. PROCESS
The Vail Town Council has acknowledged the poor condition of the recreation facilities in Booth
Creek Park and has funded improvements to the park in the RETT Capital Park budget as
follows:
2013 $ 250,000 Planning and design
2014 $ 385,250 Initial infrastructure construction
2014 $ 262,000 Tennis court construction
2017 $1,556,880 Park redevelopment
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Town of Vail Page 3
The process for redevelopment of Booth Creek Park will involve the following steps:
1. Budget establishment
2. Neighborhood Input
3. Preliminary Site Plan
4. Artist selection by AIPP if required
5. Solicit and hire consultant to produce presentation graphics and construction
documents.
6. Phased Development Plan approval by the PEC
7. Approval of the Development Plan by the Town Council
8. Final Site Plan
9. Development Plan component approval by the Design Review Board
10. Construction Documents
11. Bidding and Construction
Booth Creek Park is considered to be a “neighborhood” park in the Vail park system. This is
similar to parks like Ellefson, Buffehr Creek, Stephens Park, Red Sandstone and Bighorn Parks.
Neighborhood parks are characterized by smaller or few recreation amenities and limited on-site
parking as compared to “community” parks like Ford and Donovan Parks. The first step in
development or redevelopment of a neighborhood park is to determine what the neighborhood
desires in the park. Neighborhood demographics play an important part in determining the
types of facilities to be included in the park design. However, it is common for parents with
children to travel to various parks throughout the community to visit different playgrounds and
take advantage of alternate types of amenities. Tennis courts, if included in the redevelopment,
would have the same effect of bringing in park users from outside the neighborhood. These
factors will have an effect on the number of parking spaces required by the Planning and
Environmental Commission.
For reference, the following table lists some general information on other neighborhood parks in
Vail.
Park Facility Restroom Picnic
Shelter
Playground Turf Grass Parking
Spaces
Total
Developed
Acres
Park
Stephens Yes 250 SF 4,200 SF 41,600 SF 15 2.13 Acres
Red
Sandstone
Yes None 5,124 SF 42,800 SF 13 1.61 Acres
Ellefson Yes 350 SF 5,100 SF 14,000 SF 5 1.0 Acre
Bighorn Yes 400 SF 6,900 SF 65,300 SF 10 5.16 Acres
Buffehr Creek Yes None 2,900 SF 23,800 SF 5 1.35 Acres
Booth Creek No None 2,700 SF None 14 3 Acres
PLAYGROUND DESIGN APPROACH
Assuming a children’s playground is desired in the park design, the approach to the playground
warrants specific discussion. All of the Vail playgrounds that have been constructed or
reconstructed since 2001 have included an artistic element. The involvement of the Art in
Public Places Board in selecting artist and approving artistic concepts has resulted in several
truly unique playground designs. Staff and the AIPP have approached artist involvement in
Vail playgrounds in two ways. These are making the play structures themselves the art element
and, incorporating artist designed elements into the playground and surrounding site. For
example, the playgrounds in Bighorn, Red Sandstone and Lionshead Parks have play
structures that are the art elements. The playgrounds in Donovan and Ford Parks have artistic
elements in and around the playground. The budget for the playground improvements should
1/7/2014
Town of Vail Page 4
cover the cost of construction using either of the approaches. The second approach used
decreases the time required for design and preparation of construction documents and may be
preferred.
VI. SCHEDULE
The following outline presents a preliminary schedule for the Booth Creek Park redevelopment
project.
Town Council discussion 1/7/14
Neighborhood meeting 1/19/14 week of
Prepare preliminary site plan 1/20 – 2/7/14
Neighborhood follow-up meeting 2/10/14 week of
Prepare final draft site plan 2/17 – 3/12/14
TC presentation site plan/phasing 3/18/14
Design/engineering consultant start 3/19/14
Prepare PEC/DRB submittals 4/2 – 6/17/14
PEC 1 5/12
DRB 1 5/7
PEC 2 6/9 (80% CDs)
DRB 2 6/17
Prepare Phase 1 Construction Documents 5/8 – 7/11/14
(Coordinate design/build of tennis court while in process)
Phase1 Bidding and Construction 8 – 11/14
VII. SUMMARY
Staff is prepared to begin the process for redevelopment of Booth Creek Park. Residents in the
area of the park have voiced concerns about the condition of the existing facilities especially the
tennis courts. Funds have been allocated in the RETT Capital Budget for planning and design
as well as construction of improvements. Neighborhood and community meetings can be
scheduled this winter with the goal of developing an overall plan for the park including how the
improvements may be phased to correspond with the budget allocations. Once staff has
prepared an overall plan, design and engineering consultants will be hired to assist with the
presentation graphics for the entitlement process and construction documents. The public
involvement would begin in January and proceed through entitlement as well as during
construction. The entitlement process would occur from April through June. Construction would
take place starting in August.
VIII. ACTION REQUESTED
Staff requests the Town Council to provide direction on the following items:
1. Review, comment and approval of the goals, givens, process and schedule.
2. Review, comment and approval of the planning and design process for the
redevelopment of Booth Creek Park starting with neighborhood/community meetings.
3. Preference, if any, on the approach to the design of the playground and integration of art
elements.
1/7/2014
Booth Creek Park Redevelopment
Department of Public Works
January, 2014
1/7/2014
Booth Creek Park Redevelopment
Department of Public Works
January, 2014
Problem Statement
The amenities that currently exist in Booth Creek Park were constructed in the mid-
1980’s. They are worn out, damaged and not in compliance with current standards and
expectations for park facilities in Vail. The park is poorly organized and does not take
advantage of the space that is available within the site. The park lacks adequate public
facilities similar to Vail’s other parks. It is the Town’s responsibility to ensure the Town
facilities are constructed, maintained and operated in a manner consistent with the
expectations of our residents and guests.
1/7/2014
Booth Creek Park Redevelopment
Department of Public Works
January, 2014
Action Requested
•Review, comment and approval of the goals, givens, process and schedule.
•Review, comment and approval of the planning and design process for the
redevelopment of Booth Creek Park starting with neighborhood/community meetings.
•Preference, if any, on the approach to the design of the playground and integration of
art elements.
1/7/2014
Booth Creek Park
4 Town of Vail | Department of Public Works | 1/7/14
1/7/2014
Booth Creek Park
5 Town of Vail | Department of Public Works | 1/7/14
Tennis courts built before mid 1980’s
Closed due to unsafe and unusable
condition.
CURRENT SITUATION
1/7/2014
Booth Creek Park
6 Town of Vail | Department of Public Works | 1/7/14
Tot Lot/Playground does not comply
with current Playground Safety
Standards and Guidelines or current
2010 Americans with Disabilities Act
(ADA) Guidelines for Accessible
Design.
CURRENT SITUATION
1/7/2014
Booth Creek Park
7 Town of Vail | Department of Public Works | 1/7/14
Existing bike path is part of the
North Recreation Path system.
The path was repaved 10 years ago
and is in very good condition.
The Booth Creek crossing was
repaired and upgraded in 2013.
CURRENT SITUATION
1/7/2014
Booth Creek Park
8 Town of Vail | Department of Public Works | 1/7/14
The old tennis court site offers
potential for redevelopment of the
facilities within the park.
CURRENT SITUATION
1/7/2014
Booth Creek Park
9 Town of Vail | Department of Public Works | 1/7/14
•Booth Creek runs through the
stream tract parcel.
•The damage from the 2008 flood
has been repaired.
•Parcel is heavily wooded and
zoned Natural Area Preservation.
CURRENT SITUATION
1/7/2014
Booth Creek Park
10 Town of Vail | Department of Public Works | 1/7/14
•Existing parking consists of 14 to
15 spaces.
•Informal parallel spaces along
Manns Ranch Road.
•4 to 5 head in spaces at
northwest corner.
CURRENT SITUATION
1/7/2014
Booth Creek Park
11 Town of Vail | Department of Public Works | 1/7/14
To provide the Booth Creek neighborhood and the community with the same
level of world-class recreation facility that exists in other neighborhood parks
throughout town by:
•Replacing lost recreational opportunities due to deterioration of the
existing facility.
•Improving the quality, character and functionality of the facility consistent
with other Vail neighborhood parks.
•Bringing the facility into compliance with current standards and guidelines
for playground safety and facility accessibility.
PROJECT GOALS
1/7/2014
Booth Creek Park
12 Town of Vail | Department of Public Works | 1/7/14
•Respect project boundaries
•Respect and enhance natural and man-made character of the site.
•Comply with the current playground safety standards and guidelines.
•Meet all applicable Town codes.
•Work collaboratively with the neighborhood and community park users and
the Vail Recreation District in determining park elements, park design,
phasing and construction within the established budget.
•Town Council has the final decision-making authority.
PROJECT GROUND RULES
1/7/2014
Booth Creek Park
13 Town of Vail | Department of Public Works | 1/7/14
•Determine the desired approach to the design and development of the
playground.
•Determine what amenities and features are to be included in the park
redevelopment.
•Obtaining necessary Board approvals for the Development Plan
including the number of parking spaces required for the park facility and
the extent to which the Booth Creek Streamtract parcel is to be included
in the park redevelopment
•Phasing and timing of the improvements to coincide with the project
funding.
KEY ISSUES
1/7/2014
Booth Creek Park
14 Town of Vail | Department of Public Works | 1/7/14
1.Budget establishment
2.Neighborhood Input
3.Preliminary Site Plan
4.Artist selection by AIPP if required
5.Solicit and hire consultant to produce presentation graphics and
construction documents.
6.Phased Development Plan approval by the PEC
7.Approval of the Development Plan by the Town Council
8.Final Site Plan
9.Development Plan component approval by the Design Review Board
10.Construction Documents
11.Bidding and Construction
PROCESS
1/7/2014
Booth Creek Park
15 Town of Vail | Department of Public Works | 1/7/14
NEIGHBORHOOD PARK CHARACTERISTICS
Park Facility Restroom Picnic Shelter Playground Turf Grass Parking Spaces Total Developed
Acres
Park
Stephens Yes 250 SF 4,200 SF 41,600 SF 15 2.13 Acres
Red Sandstone Yes None 5,124 SF 42,800 SF 13 1.61 Acres
Ellefson Yes 350 SF 5,100 SF 14,000 SF 5 1.0 Acre
Bighorn Yes 400 SF 6,900 SF 65,300 SF 10 5.16 Acres
Buffehr Creek Yes None 2,900 SF 23,800 SF 5 1.35 Acres
Booth Creek No None 2,700 SF None 14 3 Acres
1/7/2014
Booth Creek Park
16 Town of Vail | Department of Public Works | 1/7/14
NEIGHBORHOOD PARK CHARACTERISTICS
OTHER POSSIBLE PARK FACILITIES:
•Tennis Courts
•Pickleball/Paddle Tennis Courts
•Volleyball Courts
•Skateboard Park
•Dog Park
•Interpretive Nature Trails
•Frisbee Golf Course
1/7/2014
Booth Creek Park
17 Town of Vail | Department of Public Works | 1/7/14
VAILS’S UNIQUE ART INSPIRED PLAYGROUNDS
TWO APPROACHES:
•Play Structures are the Art.
•Art Elements are incorporated into and around
the playground.
1/7/2014
Booth Creek Park
18 Town of Vail | Department of Public Works | 1/7/14
VAILS’S UNIQUE ART INSPIRED PLAYGROUNDS
Play Structures are
the Art.
1/7/2014
Booth Creek Park
19 Town of Vail | Department of Public Works | 1/7/14
VAILS’S UNIQUE ART INSPIRED PLAYGROUNDS
Play Structures are
the Art.
1/7/2014
Booth Creek Park
20 Town of Vail | Department of Public Works | 1/7/14
VAILS’S UNIQUE ART INSPIRED PLAYGROUNDS
Art Elements are
incorporated into
and around the
playground.
1/7/2014
Booth Creek Park
21 Town of Vail | Department of Public Works | 1/7/14
VAILS’S UNIQUE ART INSPIRED PLAYGROUNDS
Art Elements are
incorporated into
and around the
playground.
1/7/2014
Booth Creek Park
22 Town of Vail | Department of Public Works | 1/7/14
VAILS’S UNIQUE ART INSPIRED PLAYGROUNDS
The second approach used decreases the time
required for design and preparation of
construction documents and may be preferred.
1/7/2014
Booth Creek Park
23 Town of Vail | Department of Public Works | 1/7/14
SCHEDULE
Public Engagement January 2014
Preliminary Planning and Design January - March 2014
Final Planning and Design March – June 2014
Construction Documents – Phase 1 May – July 2014
Bidding and Construction – Phase 1 August – November 2014
1/7/2014
Booth Creek Park
24 Town of Vail | Department of Public Works | 1/7/14
ACTION REQUESTED
•Review, comment and approval of the goals, givens,
process and schedule.
•Review, comment and approval of the planning and
design process for the redevelopment of Booth Creek
Park starting with neighborhood/community meetings.
•Preference, if any, on the approach to the design of the
playground and integration of art elements.
1/7/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: January 7, 2014
ITEM/TOPIC: Commercial Ski Storage and Private Ski Clubs
PRESENTER(S): Jonathan Spence and George Ruther
ACTION REQUESTED OF COUNCIL: To solicit direction from the Town Council related to
commercial ski storage and private ski clubs. Specifically, staff requests that the Town Council
determine whether fundamental changes in the land use require a reexamination of the policy
and if so, what changes to the policy may be appropriate.
BACKGROUND: The storage of skis and skiing related gear has evolved from the storage of
equipment to a personal service desired and often expected by our guests. As this land use
has evolved, the Town of Vail Municipal Code has remained static, choosing instead to
characterize the new uses as variants of other uses. As a result of this inaction, the town code
is unable to provide the necessary regulatory framework to effectively and fairly uphold the
intent of the Lionshead and Vail Village Master Plans and the Town Zoning Code itself.
STAFF RECOMMENDATION: Please see staff memo.
ATTACHMENTS:
Commercial Ski Storage Council Memo
1/7/2014
TO: Vail Town Council
FROM: Community Development Department
DATE: January 7, 2014
SUBJECT: Commercial Ski Storage and Private Ski Clubs
I. SUMMARY
The Vail Town Council approved extending a moratorium on the acceptance and
processing of land use applications involving private ski clubs/commercial ski storage to
March 19, 2014 to enable the community to study their effects, with consideration for
the Town’s existing land use regulations and master plans. The Community
Development Department has researched the origins of commercial ski storage in the
Town of Vail and how the land use has evolved over the last thirty-five years. Staff
presents the existing policy on commercial ski storage, the role of horizontal zoning in
the commercial core areas and contemplates whether fundamental changes in the land
use require a reexamination of the policy.
II. PURPOSE
The purpose of this memorandum is to solicit direction from the Town Council related to
commercial ski storage and private ski clubs. Specifically, staff requests that the Town
Council determine whether fundamental changes in the land use require a
reexamination of the policy and if so, what changes to the policy may be appropriate.
III. PROBLEM STATEMENT
The storage of skis and skiing related gear has evolved from the storage of equipment
to a personal service desired and often expected by our guests. As this land use has
evolved, the Town of Vail Municipal Code has remained static, choosing instead to
characterize the new uses as variants of other uses. As a result of this inaction, the
town code is unable to provide the necessary regulatory framework to effectively and
fairly uphold the intent of the Lionshead and Vail Village Master Plans and the Town
Zoning Code itself.
IV. BACKGROUND
On September 26, 1989, the Planning and Environmental Commission (PEC)
unanimously approved a request to amend the Commercial Core I zone district to
include commercial ski storage as a permitted use in the basement or garden levels
1/7/2014
Town of Vail Page 2
of a structure. Many requests were being made at that time to locate commercial ski
storage operations on the first floor or street level, which was the impetus for the
creation of the new use. Prior to this, ski storage facilities were being permitted as
accessory to a ski shop or a personal service business if located in the basement or
garden level. The use was restricted to basement or garden levels with the
recognition that personal service uses did not provide the dynamic retail storefronts that
are essential to the pedestrian character of Lionshead and Vail Village. This was done
in keeping with the purpose of the horizontal zoning regulations passed by the Vail
Town Council fourteen years prior. This approval became effective with the passage
of Ordinance 26, Series of 1989. The definition reads as follows:
COMMERCIAL SKI STORAGE: Storage for equipment (skis, snowboards, boots
and poles) and/or clothing used in skiing related sports, which is available to the
public or members, operated by a business, club or government organization,
and where a fee is charged for hourly, daily, monthly, seasonal or annual usage.
Ski storage that is part of a lodge, or dwelling unit, in which a fee is not charged,
is not considered commercial ski storage.
V. CONSIDERATIONS
Existing Policy on Commercial Ski Storage
The existing policy on ski storage stems largely from the characteristics of its use at its
inception in 1989. At that time, the use could be characterized as warehousing and was
best suited for areas least accessible and visually discrete to the guest. As a use with
minimal vitality and no direct sales tax generation, commercial ski storage joined other
uses including barber shops and professional offices that were considered appropriate
on the basement and garden levels but not on the street or pedestrian levels.
Horizontal Zoning
In the early to mid 1970’s, an imbalance of land uses was identified as a threat to the
character of Vail Village, resulting in a concerted effort to encourage a more desirable
mix of land uses.1 In 1975, the Vail Town Council passed Ordinance No. 16, which
established horizontal zoning within the Commercial Core I zone district — part of the
purpose of which was “to promote a variety of retail shops at the pedestrian level.”
Since then, the Vail Town Code has been amended to further refine horizontal zoning.
In 1978, the horizontal zoning concept was applied to Lionshead with Ordinance No. 50.
With Ordinance No. 39, Series of 2007, the terms basement or garden level, and first
floor or street level were clarified. In that ordinance, it is stated,
The intent of this “horizontal zoning” technique is to encourage a vibrant retail
environment adjacent to the pedestrian areas of both Vail Village and Lionshead;
1 Town Council minutes from September 2, 1975; memorandum from Community Development to the
PEC dated February 13, 1975; memorandum from the PEC to Council dated July 11, 1974.
1/7/2014
Town of Vail Page 3
while also facilitating mixed use developments composed of office, residential
and commercial uses.
The concept of horizontal zoning has been embraced within the Town’s master plans. In
the Vail Village Master Plan, horizontal zoning is cited on page 10 as a means of
achieving Goal #2, which is:
TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR-
AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR
THE COMMUNITY AS A WHOLE.
The Planning and Environmental Commission has advocated for horizontal zoning since
its inception, preferring retail at first floor or street level locations because the use
fosters street life, provides vitality and generates more tax revenue than service related
uses.2
Evolution of Use
Commercial Ski Storage, as codified and defined in 1989, was largely a back-of-house
operation where skis were accepted from guests, at slopeside or other locations, placed
on carts and then stored. Another iteration of the use common at that time was the
individual for-rent ski locker. This use enabled individuals to keep their equipment in
close proximity to the ski slopes, was also located largely away from public view in the
basement or garden level.
Since that time, the use has been refined significantly. The ski storage/concierge
service use has become an expected guest service. Skis are still accepted slopeside
and are stored below grade but additional guest services are offered in a club setting
including food and beverage, upscale lockers and socializing areas. Club membership
availability is limited with extensive waiting lists occurring at many of these social
establishments. Examples of this type of use include the Vail Mountain Club, located in
Mountain Plaza, and the Passport Club, located at Golden Peak.
Several lodging properties, including the Sebastian, Sonnenalp and the Four Seasons
Resorts, have opened up operations near the ski slopes to offer their guests similar
services. The Four Seasons provides individual lockers on the second floor of the “Hong
Kong Café” building that store helmets, gloves etc. while the skis and snowboards
are carted and stored in the basement. Other services offered in addition to the lockers
are socializing areas and limited food and drink. These operations function similar to the
established ski clubs.
2 PEC minutes: September 26, 1978 (Benchmark Real Estate Offices); October 24, 1978
(Brandess/Cadmus Real Estate Offices); June 23, 1997 (Vail Associates Commercial Ski Storage);
January 9, 2012 (Treetops Commercial Space)
1/7/2014
Town of Vail Page 4
Private ski lockers are still available, often on a seasonal basis, and offer ski storage
plus additional amenities, although not at the same level as the private clubs or lodging
establishments.
Retail Challenges
The locating of uses other than restaurant or retail on the street or second level pose
challenges to Vail’s stated goals and policies.
Goal #2 of the Vail Village Master Plan, identified previously, includes the following
policy statement:
Policy 2.4.1: Commercial infill development consistent with established horizontal
zoning regulations shall be encouraged to provide activity generators, accessible
greenspaces, public plazas, and streetscape improvements to the pedestrian
network throughout the Village.
The potential challenges to locating uses other than retail or restaurant, including
commercial ski storage and private ski clubs uses, are:
• Diminution in the collection of sales tax.
• Seasonality of use resulting in dormancy of space from April to November.
• Lack of activity, especially in the evening hours.
• Interruption in the retail experience/street rhythm.
All mountain resorts struggle with the seasonality of their economies. The Town of Vail,
through significant resource expenditure, has attempted to diminish this seasonality.
The use of commercial space on the street or second level for Commercial Ski
Storage/Ski Clubs potentially undermines these efforts.
Dollars and Cents
Sales tax revenue accounts for 41% of all revenues collected by the Town of Vail 3.
These revenues are critical in providing the municipal services essential to the success
of Vail. Currently, the town has nearly 630,000 square feet of commercial space,
distributed between the core centers of the Village, Lionshead and West Vail4. Using the
2012/2013 Ski Season sales tax collections and focusing on Lionshead and Vail Village,
per square foot seasonal revenues for non-lodging commercial properties were
approximately $14.005. Sales tax generating square footage lost to another use has a
direct impact on revenue generation. Over time, the incremental loss of direct sales tax
generating square footage will negatively affect the ability of the town of Vail to provide
the quality of services expected by our residents and guests.
3 Town of Vail Budget Book; 2013 4 Ever Vail Retail Analysis, BBC Research and Consulting; October 30, 2009 5 Town of Vail Business Review, Town of Vail Economic Development; June 11, 2013
1/7/2014
Town of Vail Page 5
VI. INQUIRY
A. Do changes in the use necessitate a revised policy on Commercial Ski Storage?
B. Should the Commercial Ski Storage Use be redefined to more accurately reflect
the nuances of the use?
C. Should Commercial Ski Storage or some variant thereof, be permitted in other
locations than the basement and garden levels?
D. Should the first floor or street level be maintained for active retail uses that have
the potential to generate direct sales tax revenue?
E. Similar to other personal service uses permitted in the Commercial Core I and
the Lionshead Mixed Use I and II Districts, should Commercial Ski Storage or
some variant thereof, be a permitted use on the second floor and above?
F. If not, should Commercial Ski Storage or some variant thereof, be a conditional
use on the second floor and above and, if so, under what conditions?
VII. ACTION REQUESTED
Based upon the information received to date, the considerations outlined in Section V
and the questions offered in Section VI, above, the Community Development
Department requests that the Town Council provide instruction to staff:
A. In recognition of the changes that have occurred, return to the Town Council,
following a recommendation from the PEC, with appropriate code amendments
to facilitate the change in policy.
B. Maintain the existing policy concerning Commercial Ski Storage
1/7/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: January 7, 2014
ITEM/TOPIC: Information Update:
1) October 2013 Business Review;
2) November 2013 Sales Tax;
3) Revenue Highlights;
ATTACHMENTS:
2013 October Business Review
November Sales Tax
Revenue Highlights
1/7/2014
Vail Business Review
October 2013
December 15, 2013
The October Vail Business Review breaks down the four percent sales tax collected for
October and the summer (May – October).
Overall October sales tax increased 5.4% with Retail decreasing 2.8%, Lodging
increased 19.2%, Food and Beverage increased 22.1% and Utilities/Other (which is
mainly utilities but also includes taxable services and rentals) decreased 9.8%. The Out
of Town category continues to be greatly affected by construction, interior design firms
and furniture stores delivering in to Vail. Excluding the Out of Town category sales tax
for the month of October was up 9.1%.
The summer (May – October) resulted in a 6.0% increase overall with Retail increasing
9.4%, Lodging increased 6.1%, Food and Beverage increased 4.2% and Utilities/Other
increased 1.0% Excluding the Out of Town category, sales tax for the summer is up
6.7%.
Town of Vail sales tax forms, the Vail Business Review and the sales tax worksheet are
available on the internet at www.vailgov.com. You can subscribe to have the Vail
Business Review and the sales tax worksheet e-mailed to you automatically
from www.vailgov.com.
Please remember when reading the Vail Business Review that it is produced from sales
tax collections, as opposed to actual gross sales.
If you have any questions or comments please feel free to call me at (970) 479-2125 or
Judy Camp at (970) 479-2119.
Sincerely,
Sally Lorton
Sales Tax Administrator
1/7/2014
TOWN OF VAIL BUSINESS REVIEWTOWN OF VAIL BUSINESS REVIEWTOWN OF VAIL BUSINESS REVIEWTOWN OF VAIL BUSINESS REVIEW
OctoberOctoberOctoberOctober
Sales Tax Newsletter
October 2013 Sales TaxOctober 2013 Sales TaxOctober 2013 Sales TaxOctober 2013 Sales Tax
OctoberOctoberOctober
2012 2013 %
Collections Collections Change
VAIL VILLAGE
Retail 81,202 70,535 -13.14 %
Lodging 52,200 59,010 13.05 %
F & B 97,499 114,668 17.61 %
Other 1,594 1,954 22.58 %
Total 232,494 246,167 5.88 %
LIONSHEAD
Retail 16,951 19,757 16.56 %
Lodging 17,817 34,720 94.86 %
F & B 20,582 34,396 67.11 %
Other 2,514 1,667 -33.69 %
Total 57,865 90,540 56.47 %
CASCADE VILLAGE/EAST VAIL/SANDSTONE/WEST VAIL
Retail 94,117 93,943 -0.19 %
Lodging 27,886 24,427 -12.40 %
F & B 35,181 38,375 9.08 %
Other 3,374 3,149 -6.69 %
Total 160,559 159,893 -0.41 %
OUT OF TOWN
Retail 66,281 67,078 1.20 %
Lodging 8,465 8,661 2.31 %
F & B 341 64 -81.17 %
Utilities & Other 120,120 108,353 -9.80 %
Total 195,207 184,157 -5.66 %
12/15/2013 1:13:43 PM Page 1 of 2 1/7/2014
TOWN OF VAIL BUSINESS REVIEWTOWN OF VAIL BUSINESS REVIEWTOWN OF VAIL BUSINESS REVIEWTOWN OF VAIL BUSINESS REVIEW
OctoberOctoberOctoberOctober
Sales Tax Newsletter
October 2013 Sales TaxOctober 2013 Sales TaxOctober 2013 Sales TaxOctober 2013 Sales Tax
TOTALTOTALTOTALTOTAL
OctoberOctoberOctober
2012 2013 %
Collections Collections Change
Retail 258,550 251,314 -2.80 %
Lodging And Property Mgmt 106,369 126,818 19.23 %
Food and Beverage 153,603 187,502 22.07 %
Other 127,603 115,124 -9.78 %
Total 646,126 680,758 5.36 %
RETAIL SUMMARYRETAIL SUMMARYRETAIL SUMMARYRETAIL SUMMARY
OctoberOctoberOctober
2012 2013 %
Collections Collections Change
RETAIL-FOOD 73,709 71,719 -2.70 %
RETAIL-LIQUOR 17,778 19,496 9.67 %
RETAIL-APPAREL 24,270 30,279 24.76 %
RETAIL-SPORT 40,254 40,952 1.74 %
RETAIL-JEWELRY 5,682 5,420 -4.61 %
RETAIL-GIFT 2,791 2,601 -6.78 %
RETAIL-GALLERY 1,821 1,583 -13.08 %
RETAIL-OTHER 91,793 79,263 -13.65 %
RETAIL-HOME OCCUPATION 453 0 -100.00 %
Total 258,550 251,314 -2.80 %
12/15/2013 1:13:43 PM Page 2 of 2 1/7/2014
TOWN OF VAIL BUSINESS REVIEWTOWN OF VAIL BUSINESS REVIEWTOWN OF VAIL BUSINESS REVIEWTOWN OF VAIL BUSINESS REVIEW
SummerSummerSummerSummer
Sales Tax Newsletter
Summer 2013 Sales TaxSummer 2013 Sales TaxSummer 2013 Sales TaxSummer 2013 Sales Tax
SummerSummerSummer
2012 2013 %
Collections Collections Change
VAIL VILLAGE
Retail 761,608 823,182 8.08 %
Lodging 690,978 732,685 6.04 %
F & B 1,217,111 1,276,608 4.89 %
Other 38,843 31,493 -18.92 %
Total 2,708,539 2,863,968 5.74 %
LIONSHEAD
Retail 228,588 231,196 1.14 %
Lodging 387,978 434,772 12.06 %
F & B 356,930 359,494 0.72 %
Other 18,410 19,865 7.90 %
Total 991,906 1,045,327 5.39 %
CASCADE VILLAGE/EAST VAIL/SANDSTONE/WEST VAIL
Retail 717,161 729,216 1.68 %
Lodging 303,198 304,002 0.27 %
F & B 283,365 301,049 6.24 %
Other 36,199 31,254 -13.66 %
Total 1,339,923 1,365,520 1.91 %
OUT OF TOWN
Retail 328,108 443,813 35.26 %
Lodging 35,381 32,054 -9.40 %
F & B 5,297 4,154 -21.59 %
Utilities & Other 630,327 648,700 2.91 %
Total 999,113 1,128,720 12.97 %
12/15/2013 1:18:05 PM Page 1 of 2 1/7/2014
TOWN OF VAIL BUSINESS REVIEWTOWN OF VAIL BUSINESS REVIEWTOWN OF VAIL BUSINESS REVIEWTOWN OF VAIL BUSINESS REVIEW
SummerSummerSummerSummer
Sales Tax Newsletter
Summer 2013 Sales TaxSummer 2013 Sales TaxSummer 2013 Sales TaxSummer 2013 Sales Tax
TOTALTOTALTOTALTOTAL
SummerSummerSummer
2012 2013 %
Collections Collections Change
Retail 2,035,465 2,227,406 9.43 %
Lodging And Property Mgmt 1,417,535 1,503,512 6.07 %
Food and Beverage 1,862,702 1,941,305 4.22 %
Other 723,778 731,312 1.04 %
Total 6,039,481 6,403,535 6.03 %
RETAIL SUMMARYRETAIL SUMMARYRETAIL SUMMARYRETAIL SUMMARY
SummerSummerSummer
2012 2013 %
Collections Collections Change
RETAIL-FOOD 563,744 577,869 2.51 %
RETAIL-LIQUOR 158,596 168,960 6.54 %
RETAIL-APPAREL 307,927 381,724 23.97 %
RETAIL-SPORT 387,902 391,617 0.96 %
RETAIL-JEWELRY 85,991 102,895 19.66 %
RETAIL-GIFT 36,225 24,611 -32.06 %
RETAIL-GALLERY 30,278 28,323 -6.46 %
RETAIL-OTHER 462,226 550,194 19.03 %
RETAIL-HOME OCCUPATION 2,576 1,211 -52.98 %
Total 2,035,465 2,227,406 9.43 %
12/15/2013 1:18:05 PM Page 2 of 2 1/7/2014
MEMORANDUM
January 2, 2014
To: Vail Town Council
From: Sales Tax Division
Re: November Sales Tax
November sales tax collected through 12/31/2013 totals $862,868 with an additional
$60,000 estimated to come in for the month. The estimated total of $922,868 will be up
16.8% from the amended budget and up 11.7% from 2012. Year-to-date through
November is estimated at $18,458,163, up $593,308 or 3.3% from budget and up
$1,385,535 or 8.12% from last year. Both the month and year-to-date will exceed the
previous highs for those periods set in 2012.
1/7/2014
% Change % Change
2013 Budget from from
Month 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Budget Collections Variance 2012 Budget
January 1,997,091 2,225,841 2,275,967 2,597,985 2,783,306 2,976,655 2,619,673 2,564,383 2,795,688 2,855,524 3,143,593 3,145,241 1,648 10.15%0.05%
February 2,111,163 2,362,825 2,429,377 2,527,130 2,718,643 3,071,615 2,588,889 2,577,360 2,803,136 2,994,580 3,265,186 3,266,966 1,780 9.10%0.05%
March 2,372,942 2,344,178 2,785,101 2,852,954 2,986,446 3,327,304 2,504,567 2,685,004 3,143,418 3,185,859 3,647,404 3,649,774 2,370 14.56%0.06%
April 871,468 992,157 915,554 1,280,324 1,330,740 1,098,918 1,235,941 1,156,934 1,191,690 1,183,087 1,068,077 1,068,779 702 -9.66%0.07%
May 428,919 411,595 458,770 449,283 545,874 622,103 516,150 421,925 473,292 487,739 560,955 562,774 1,819 15.38%0.32%
June 742,755 732,113 834,913 805,362 953,017 918,061 717,233 873,765 895,951 963,143 1,014,352 1,020,059 5,707 5.91%0.56%
July 1,075,532 1,128,514 1,166,183 1,255,243 1,265,781 1,397,842 1,121,860 1,228,767 1,481,329 1,573,499 1,462,209 1,647,514 185,305 4.70%12.67%
August 1,029,446 994,445 993,985 1,055,614 1,162,746 1,349,795 1,068,391 1,147,352 1,310,471 1,380,710 1,322,533 1,504,532 181,999 8.97%13.76%
September 679,208 757,033 795,807 832,549 908,318 834,569 753,754 761,425 889,945 978,037 913,727 988,703 74,976 1.09%8.21%
October 508,092 532,537 566,173 614,396 688,519 662,767 581,033 594,362 623,420 644,577 676,408 680,953 4,545 5.64%0.67%
November 591,269 623,646 713,117 799,582 747,877 719,109 651,873 701,075 788,430 825,873 790,411 862,868 72,457 4.48%9.17%
Total 12,407,885 13,104,884 13,934,947 15,070,422 16,091,267 16,978,738 14,359,364 14,712,352 16,396,770 17,072,628 17,864,855 18,398,163 533,308 7.76%2.99%
December 2,171,098 2,362,095 2,549,032 2,771,258 2,821,871 2,652,628 2,553,974 2,963,763 3,184,645 2,973,826 3,057,145 -100.00%-100.00%
Total 14,578,983 15,466,979 16,483,979 17,841,680 18,913,138 19,631,366 16,913,338 17,676,115 19,581,415 20,046,454 20,922,000
Town of Vail
Sales Tax Worksheet
1/2/2014
1/7/2014
- 1 -
TOWN OF VAIL
REVENUE HIGHLIGHTS
December 1, 2013
Sales Tax
Upon receipt of all sales tax returns, October collections are estimated to be
$761,427 up 18.1% from last year and up 12.6% compared to amended budget.
Year to date collections of $17,608,573 are up 8.4% from last year and up 3.2%
from amended budget. This October was a record month for the town; the
second highest October was in 2007. Inflation as measured by the consumer
price index was up 1.0% for October. Approximately 84% of the $20.9 million
annual budget has been collected to date.
Real Estate Transfer Tax (RETT)
RETT collections through November total $4,113,403 down 11.3% from this time
last year, but exceeding the annual budget of $3,871,000. Of current collections,
approximately 10.4% is from major redevelopment projects including Manor Vail,
Four Seasons, Ritz Carlton Residences, Solaris, and Lions Square Lodge North.
Collections not related to major redevelopment projects currently total
$3,685,953 up 3.9% with prior year.
Construction Use Tax
Use Tax collections total $1,350,147 year-to-date compared to an annual budget
of $1.0 million. The budget will be supplemented for the additional $350,000
during the evening Council meeting. Construction Use Tax is up 13.1% from
collections this time last year, and has already surpassed the entire 2012 tax
collected of $1.2 million.
Summary
Across all funds, year-to-date total revenue of $44.4 million is up 6.3% compared
to budget and up 6.8% from prior year, with increased sales tax collections
helping to offset decreases in RETT. Construction Use Tax was previously down
from prior year, but has now surpassed 2012 collections due to several new
residential homes underway. Through November (not including sales tax for
November), the town has collected 86% of annual budgeted revenues.
1/7/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: January 7, 2014
ITEM/TOPIC: Matters from Mayor, Council and Committee Reports:
1) 2014 Town of Vail Council Goal Setting
ATTACHMENTS:
Town Council Goal Setting
1/7/2014
Town of Vail Council Goal Setting
Session 2
December 17, 2013
1/7/2014
Town of Vail Council
Operating Agreements
•
2
•Respectfully disagree.
•Once a majority decision has been reached, don’t relitigate.
•Keep it about the topic, don’t make it personal.
•Listen first, drive for common ground.
•Healthy conflict is encouraged and embraced.
•Articulate the basis for your position.
•Use consensus to better understand.
•Respond within 24 hours.
•Staff time requires Rule of 4.
1/7/2014
Town of Vail Key Goals
3
•Improve Economic Vitality
•Grow a Balanced Community
•Continually Evaluate the Quality of the
Experience
1/7/2014
Improve Economic Vitality
Initiatives
1.Develop a long-term strategic plan to enhance the
competitiveness of TOV
•Execute a competitive assessment (consider JV with Vail Resorts)
•Review tax strategy
•Embrace an International focus in our destination strategy.
2.Develop an economic diversity strategy.
•Drive destination orthopedics
•Strengthen ties with small businesses
•Review health & wellness as an economic driver
•Improve the regulatory environment for doing business in Vail.
3.Provide leadership to expand air service.
4.Develop and promote a TOV Endowment Fund.
•Create 501c3 for appropriate facilities
TOV Council Goal Setting Session 4
1/7/2014
Grow a Balanced Community
Initiatives
1.Define a balanced community composition.
•Explore amenities that will influence families to live in
Vail .
•Extend our perspective to include Eagle Valley.
• Encourage Eagle County residents to utilize Vail.
2.Define a practical housing policy.
•First phase of Chamonix under construction.
3.Develop a plan with the school district for RSES.
4.Improve regulatory environment for home
improvement.
5.Design a future leadership program.
TOV Council Goal Setting Session 5
1/7/2014
Continually Elevate the Quality of the Experience
Initiatives
1.Continue to provide excellent municipal services.
2.Improve the quality/convenience of parking and
transportation.
•Focus groups/citizen and non user survey
•Park & Ride
•Regional transportation
3.Focus on environmental programs appropriate for our size.
•Gore Creek
4.Increase the effectiveness of marketing initiatives.
•Review the charter of the VLMD to increase its effectiveness.
5.Implement cutting-edge technology to ensure
competitiveness.
6.Encourage recreational Partner’s amenities are
commensurate with world-class resort status.
7.Review mitigation strategies to reduce the impact of I-70.
TOV Council Goal Setting Session 6
1/7/2014
Priorities
1.Housing Policy – I I I I
2.Charmonix - II
3.Environmental programs (gore creek) - I I I I
4.Improve quality of parking – I I I
5.Long-term strategy to enhance competitiveness – I I
6.Regulatory environment for home improvement- I
7.Health & Wellness as an economic driver - I
8.Increase effectiveness of marketing - I
9.Economic Diversity Strategy – I
10.Increase effectiveness of VLMC
11.Expand perspective to include Eagle County
12.RSES- I
13.Community composition - I
14.Balanced community - I
15.Expand Air
TOV Council Goal Setting Session 7
1/7/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: January 7, 2014
ITEM/TOPIC: Executive Session, pursuant to: 1)C.R.S. §24-6-402(4)(b)(e) - to receive legal
advice on specific legal questions; and to determine positions, develop a strategy and instruct
negotiators, Regarding: Town Owned Condominium Unit Vail Village Inn Phase 5 and Golf
Course litigation update.
PRESENTER(S): Matt Mire
1/7/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: January 7, 2014
ITEM/TOPIC: Adjournment (4:30 p.m.)
NOTE: UPCOMING MEETING START TIMES BELOW (ALL ARE APPROXIMATE DATES
AND TIMES AND SUBJECT TO CHANGE)
--------------------
THE NEXT REGULAR VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT
APPROXIMATELY 12:30 P.M. (or TBD), TUESDAY, JANUARY 7, 2014 IN THE VAIL TOWN
COUNCIL CHAMBERS
FUTURE AGENDA ITEMS:
Ongoing agenda items TBD: DRB/PEC updates - Warren - WS - 15 min.; Information Updates
Attachments: WS - 15 min.; Executive Session items: 30 min.; Consent Agenda: 5 min.; Town
Manager Report: 5 min.
FUTURE AGENDA ITEMS:
Chamonix Master Plan - 1/21
Eagle County Economic Development Plan - Chris Romer - 30 min. - WS - 1/21
Eagle County Open Space - Toby Sprunk - WS - 1/21
Timber Ridge Transfer from TRAHC to Council - ES - George - 2/4
CIRSA Council Training - WS - Matt - 2/4
RRC Attendance Survey - WS - 30 min. - 2/18
Commercial Ski Storage Ordinance 1st reading - ES - 3/4
Commercial Ski Storage Ordinance 2nd reading - ES - 3/18
Plastic bags - TBD
Village Information Center - Greg - TBD
Fee Schedule changes - George - TBD
Neighborhood Speed Control - TBD - Greg/Dwight
Housing Strategic Plan - George - TBD
Beaver policy update - Kristen - WS - TBD
Vail Valley Medical Center Master Plan Update - 60 min - ES - George - TBD
EHU Housing Authority - TBD
2015 WAC construction restrictions discussion - 30 min - WS- George - TBD
Sister City discussion - TBD
Discussion of future of RSES - TBD
Streaming PEC & DRB - TBD
2015 Expectations/Legacy Piece - TBD
Update on I-70 noise right lane use - TBD
CDOT/Simba Run Agreement - TBD
2015 Town-wide fulfillment - TBD
VLMD Term limits - TBD
Marijuana policy discussion - WS - Matt - TBD
ERWSD Waste Management Plan - TBD
1/7/2014