HomeMy WebLinkAbout2014-02-04 Agenda and Support Documentation Town Council Evening SessionVAIL TOWN COUNCIL
EVENING SESSION AGENDA
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
6:00 P.M., FEBRUARY 4, 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.
1.
ITEM/TOPIC: Recognition of Buck Allen's 35 Year Anniversary with the
Town on February 13, 2014 (5 min. )
2. ITEM/TOPIC: Citizen Participation (15 min.)
3.
ITEM/TOPIC: Consent Agenda:
1) Approval of January 7 and January 21 meeting minutes; (5 min. )
4.
ITEM/TOPIC: Town Managers Report:
1) Peer City Visits: Park City (April 3 & 4), Aspen (October 9 & 10). (5
min. )
5.
ITEM/TOPIC: The Betty Ford Alpine Garden Foundation, represented by
Jack Hunn, is requesting permission to proceed through the Town's
development review process with an application to construct an education
center in Gerald R. Ford Park. (10 minutes)
PRESENTER(S): Jack Hunn, Hunn Consulting Group and George Ruther,
Director, Community Development
ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or
deny the applicant's request to proceed through the development review
process.
BACKGROUND: The Betty Ford Alpine Garden Foundation is proposing to
construct an education center in Ford Park consistent with the
recommendations prescribed by the recently adopted 2013 Gerald R. Ford
Park Master Plan. If permission to proceed is granted, the applicant will
submit the necessary application forms and materials to evaulate the
proposal. As the Town of Vail is the owner of the land within Ford Park, the
Town Council, acting on behalf of the owner, is required to sign the
development application in order for the application to proceed.
STAFF RECOMMENDATION: The Community Development Department
recommends the Vail Town Council grants permission, on behlaf of the
property owner, for the Betty Ford Alpine Garden Foundation to proceed
through the Town's development review process to construct an education
center in Ford Park, consistent with the recommendations of the 2013 Gerald
R. Ford Park Master Plan.
6. ITEM/TOPIC: Second reading of Ordinance No.4, Series of 2014, an
ordinance creating the Timber Ridge Enterprise Fund of the Town of Vail, 2/4/2014
Colorado; making budget adjustments to the Timber Enterprise Fund of the
2014 budget for the Town of Vail, Colorado; authorizing the said adjustments
as set forth herein; and setting forth details in regard thereto. (5 min.)
PRESENTER(S): Judy Camp
ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 4, Series of
2014, to incorporate Timber Ridge operations into the Town of Vail 2014
budget.
BACKGROUND: Ordinance No. 4 amends the Town's 2014 budget to
include the operations of the Timber Ridge employee housing complex
subsequent to the transfer of ownership to the Town of Vail. The budget
presented in Ordinance No. 4 is the same budget previously approved by the
Timber Ridge Affordable Housing Corporation as the owner of the property
before the transfer. This 12-month budget provides for operating the entire
complex. Adjustments will be made in future budget amendments as
redevelopment plans unfold.
STAFF RECOMMENDATION: Staff recommends approval of Ordinance
No. 4 upon second reading as presented.
7.
ITEM/TOPIC: The Road to 2015 Incentive Program (20 min. )
PRESENTER(S): George Ruther
8.
ITEM/TOPIC: Vail Construction Update 2014 (20 minutes)
PRESENTER(S): Tom Kassmel
ACTION REQUESTED OF COUNCIL: Listen to Construction Update
presentation
BACKGROUND: The Town of Vail will be impacted by a significant number
of large construction projects this year. Many of the most impactful are along
the North and South Frontage Roads. The purpose of this construction
overview is to update the Council on these large construction projects.
STAFF RECOMMENDATION: Listen to Construction Update presentation
9.
ITEM/TOPIC: Vail 21 Encroachment, Permission to proceed, DRB130567.
The Vail 21 property located at 610 West Lionshead Circle is proposing
building improvements that include minor airspace encroachments into Town
of Vail property. The applicant requests permission to proceed through the
Design Review Process and, if acceptable to Council, enter into a revocable
permit agreement with the Town of Vail for said encroachments. (10 min. )
PRESENTER(S): Jonathan Spence
ACTION REQUESTED OF COUNCIL: Staff requests the Town Council
make a determination to the appropriateness of the proposed
encroachments.
BACKGROUND: The Town of Vail has entered into revocable ROW
agreements in both commercial and residential applications for
encroachments that can be removed if necessary.
10. ITEM/TOPIC: Commercial Ski Storage/Private Ski Clubs (45 min. ) 2/4/2014
PRESENTER(S): Jonathan Spence
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.
11.
ITEM/TOPIC: First reading of Ordinance No. 5, Series of 2014, An
Ordinance Amending Section 6-3C-6 of the Vail Town Code to Reconcile the
Town Code with C.R.S.§ 18-18-406 Concerning Penalties for the Possession
and Open and Public DIsplay or Consumption of Marijuana. (10 min. )
PRESENTER(S): Kendra Carberry
ACTION REQUESTED OF COUNCIL: Approve, approve with amendments
or deny Ordinance No. 5, Series of 2014 upon first reading.
BACKGROUND: In 2012, Colorado voters passed Amendment 64, which
amended Article XVIII of the Colorado Constitution by the addition of a new §
16 regarding the personal use and regulation of marijuana. Amendment 64
permits the possession, use, display, purchase or transportation of marijuana
accessories and one ounce or less of marijuana by persons twenty-one (21)
years of age and older. In light of Amendment 64, the Colorado General
Assembly repealed and reenacted C.R.S. § 18-18-406, which establishes the
maximum penalties for the possession and open and public display or
consumption of marijuana, and such changes became effective in October
2013. Ordinance No. 5 reconciles the Vail Town Code with C.R.S. § 18-18-
406 and to clarifies the Town's penalty provisions concerning the possession
and open and public display and consumption of marijuana.
STAFF RECOMMENDATION: Approve, approve with amendments or deny
Ordinance No. 5, Series of 2014 upon first reading.
12.
ITEM/TOPIC: Wall Street Building Appeal of DRB Decision. An appeal,
pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final decision of
the Town of Vail Design Review Board on December 18, 2013, approving,
with conditions, a commercial addition and exterior alterations to the façade
to the Wall Street Building, located at 225 Wall Street/Lots B&C, Block 5C,
Vail Village Filing 1, and setting forth details in regard thereto. (DRB130552)
(5 min.)
PRESENTER(S): Warren Campbell
ACTION REQUESTED OF COUNCIL: The Vail Town Council is asked to
continue this appeal to the February 18, 2014, public hearing. 2/4/2014
13. ITEM/TOPIC: Adjournment (8:35 p.m.)
2/4/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 4, 2014
ITEM/TOPIC: Recognition of Buck Allen's 35 Year Anniversary with the Town on February
13, 2014
2/4/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 4, 2014
ITEM/TOPIC: Citizen Participation
2/4/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 4, 2014
ITEM/TOPIC: Consent Agenda:
1) Approval of January 7 and January 21 meeting minutes;
ATTACHMENTS:
January 7 meeting minutes
January 21 meeting minutes
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Town Council Meeting Minutes of January 7, 2014 Page 1
Vail Town Council Meeting Minutes
Tuesday, January 7, 2014
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Andy Daly.
Members present: Andy Daly, Mayor
Ludwig Kurz
Margaret Rogers
Greg Moffet
Jenn Bruno
Dave Chapin
Dale Bugby
Staff members: Stan Zemler, Town Manager
Kendra Carberry, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Tammy Nagel, Acting Town Clerk
_________________________________________________________________
The first item on the agenda was Citizen Participation. There was no citizen participation.
The second item on the agenda was the Consent Agenda:
1) Approval of December 3 and December 17 meeting minutes. Moffet made a motion
to approve the December 3 meeting minutes with a second from Kurz. The motion
passed unanimously 7-0. Moffet made a motion to approve December 17 meeting
minutes with a second from Kurz. The motion passed unanimously 7-0.
2) Resolution No. 1, Series of 2014, A Resolution Designating a Public Place within the
Town of Vail for the Posting of Notice for Public Meetings of the Vail Town Council,
Planning and Environmental Commission, Design Review Board, and Other Boards,
Commissions and Authorities of the Town of Vail. Moffet made a motion to approve
Resolution No. 1 with a second from Kurz. The motion passed unanimously 7-0.
The third item on the agenda was the Town Managers Report.
1) 2013 Year in Review. Town Manager Stan Zemler stated there was not anything specific
concerning the 2013 year in review and that it was added to the packet just for council’s
information. Zemler said the summary of the year was extremely well done by Suzanne
Silverthorn. Rogers stated 2013 was a busy year.
2) Timber Ridge Deed Transfer Update. Zemler informed council that staff will be coming
forward in the next couple meetings with a series of items concerning Timber Ridge that
will shift the ownership back to the Town of Vail and incrementally introduce a number of
things that will be components of the redevelopment of Timber Ridge. Staff is starting a
process to facilitate the transfer with no problems and in a timely manner, such as
reviewing the leases concerning the west side. Zemler confirmed Daly and Moffet would
be the only members absent from the February Council meeting.
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Town Council Meeting Minutes of January 7, 2014 Page 2
The fourth item on the agenda was the presentation of Vail’s renewed status as a Bicycle
Friendly Community as designated by the League of American Bicyclists. Senior Landscape
Architect Gregg Barrie said in 2009 the town was designated as a bronze level bicycle friendly
community and the designation was good for four years. This year we applied again and just
recently heard the town was not only renewed as a bicycle friendly community, but has now
been designated as a silver level bike friendly community, which was a nicer complement.
Barrie said the League of American Bicyclist is an organization that was established in 1880.
Their mission is to promote bicycling for fun, fitness and transportation and to work through
advocacy and education for a bicycle friendly America. The organization looks at a community
in five different aspects: engineering, encouragement, enforcement, education and evaluation of
planning. Barrie presented a bicycle friendly sign to council. Daly said this is not a Town
Council award but a town award.
The fifth item on the agenda was the Gore Creek Water Quality Strategic Action Plan
Discussion. Environmental Sustainability Coordinator Kristen Bertuglia provided council a short
background on the health of Gore Creek. Bertuglia said the Federal Clean Water Act mandates
Colorado Water Quality Standards to be drinkable, fishable, swimmable, navigable
or agricultural. In 2011, the Colorado Department of Public Health and Environment (CDPHE)
included Gore Creek, from Black Gore Creek to the Eagle River (Dow Junction), to Colorado’s
Section 303d list for impaired waters for aquatic life. Bertuglia said the aquatic life use is based
on the Multi-metric Index (MMI), which is a methodology for determining the health of a river
using aquatic bug population characteristics. Failing bug scores are affecting the long-term
health of Gore Creek and may decrease the trout population that depends on them. Bertuglia
said since 2011 the town has taken many steps toward improving the health of Gore Creek by
homeowner education, stream tract compliance, stream bank restoration programs, no foliar
spraying within 75’ of Gore Creek and staff has created a Gore Creek Water Quality
Improvement Plan (WQIP). Bertuglia said the primary purpose of the Gore Creek WQIP was to
define actions needed to improve biological health in Gore Creek to achieve attainment of
aquatic life use and to guide the planning and implementation of those actions. Bertuglia stated
there are three general causes for the decline in water quality in Gore Creek: degradation of the
riparian buffer and stream bank habitat; impacts of impervious cover and urban runoff; and
pollutants associated with land use activities and urban runoff. Bertuglia asked for council’s
thoughts concerning the draft purpose statement that would assist in developing the action
plans. Daly said the purpose statement needs to be a broad statement that looks at the issues
and results in a plan to allow long term health of Gore Creek. Daly asked if this plan will assist
in a comprehensive plan and Bertuglia responded yes, with goals and objectives. Rogers
agreed with the purpose statement. Bertuglia asked if council supported the three goals listed:
restore the aquatic insect population to exceed the minimum standard set by CDPHE according
to the MMI score within the allotted 10‐year time frame; ensure Gore Creek water chemistry
meets or exceeds regulatory standards; and to ensure sediment loads meet or exceed
regulatory standards. Rogers would like to see results in a shorter amount of time than ten
years and asked if that is feasible. Bertuglia stated some of these changes will take time, but
staff will look into the feasibility and get back to council with that information. Eagle River Water
and Sanitation District (ERWSD) Lynne Brooks reminded council the CDPHE may have time
criteria that will also become a factor. Daly asked Brooks if ERWSD has experience in
managing storm water, to which she responded currently no, although state statutes do allow for
it. ERWSD is considering it for the new Wolcott project. Kurz said managing storm water is not
a cheap project or quick fix. Bertuglia asked council if council supported the three objectives
listed in the draft WQIP: restore and improve riparian buffer and stream habitat; reduce impacts
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Town Council Meeting Minutes of January 7, 2014 Page 3
of impervious cover; and reduce pollutants associated with land use activities. Moffet asked if
staff was comfortable with the word “reduce” instead of having a percentage or an amount of
pollutants. Bertuglia said it would be difficult but something staff will look into. Daly asked what
the next steps were after requesting residents to get out of the stream tracts because their
flowerbeds and lawns are detrimental to the health of Gore Creek. Daly asked if the next steps
are planting willows. Bertuglia said staff is already working with homeowners in those areas to
restore the banks with native plants. Senior Landscape Architect Gregg Barrie said that tonight
staff wants to have a strategic action plan to use as a guidebook. Daly said one of the action
plans is going into East Vail to meet with residents and review how the plan is going to affect
them. Moffet agrees with Daly about the citizen outreach and education with East Vail residents.
Daly said this needs to be the highest priority. Bugby asked for the scientific procedures on how
this was identified, days, hours of testing. Brooks said testing started in 2008 and the ERWSD
volunteered to provide this data to the state for their review process of changing rules. She also
said the rules applied to the Front Range should be different to the rules applied to cold alpine
water streams. ERWSD tested the river all the way down to Edwards and used the methods
regulated by the state. Brooks added the science is very well done. Bugby requested to see
these reports and Brooks said she would be happy to share those reports with him. Barrie
reviewed the tasks for developing an action plan such as compiling a list of actions, establishing
priorities, evaluating tasks, schedules, responsibilities and resources required and implementing
as appropriate. The action steps included three levels: Level 1: over the next six months, Level
2: three to twelve months and Level 3: six to eighteen months. Bertuglia said there would be an
RFP sent out for marketing and an educational campaign. Daly asked homeowners be included
in committees. Bugby asked if staff needs to start looking at ordinances with fines and penalties
to give teeth to some of these actions. Carberry said the town code currently covers many of
these actions, but the town can get more detailed. Kurz said the town is on the right approach
and encourages staff to work with ERWSD staff because there is tremendous knowledge and
background with ERWSD and we can work together. Daly said it’s a big and exciting plan and
finally putting some meat on the bone. Daly gave kudos to staff on their efforts. Daly asked for
public comment. Eagle County resident Rick Sackbauer would like the town to engage the
county in this dialog because one side of the stream might be considered town where the other
side of the stream is county. Diane Johnson, public affairs and communication director for
ERWSD, complemented town staff on this manageable plan. Eric Perkins, advocate for fly
fisherman, was very happy with what he was hearing. Rogers encouraged Perkins to be part of
this committee.
The sixth item on the agenda was the first reading of Ordinance No. 1, Series of 2014, An
Ordinance Extending the Temporary Ban on Marijuana Establishments in the Town, Pursuant to
the Newly Enacted Section 16 of Article XVIII of the Colorado Constitution (Amendment 64).
Moffet made a motion to approve Ordinance No. 1 on first reading with a second from Kurz.
With no further comments from council or the public, the motion was approved unanimously 7-0.
The seventh item on the agenda was the first reading of Ordinance No. 2, Series of 2014, An
Ordinance Repealing Section 1-4-1C of the Vail Town Code and Enacting a New Section 1-4-4
of the Vail Town Code, Concerning Restitution in Municipal Court. Moffet made a motion to
approve Ordinance No. 2 on first reading with a second from Kurz. Town attorney Kendra
Carberry stated Municipal Judge Buck Allen requested this ordinance. The ordinance would
allow the judge to order restitution in municipal court. Daly requested the municipal judge be
present at the January 21 town council meeting for the second reading of this ordinance. There
was no further comment from the council or the public. The motion passed unanimously 7-0.
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Town Council Meeting Minutes of January 7, 2014 Page 4
The eighth item on the agenda was the first reading of Ordinance No. 3, Series of 2014, An
Ordinance Amending Section 6-3B-2 of the Vail Town Code Regarding the Jurisdictional Limit of
Larceny Offenses on the Town. Moffet made a motion to pass Ordinance No. 3 on first reading
with a second from Kurz. Town Attorney Kendra Carberry stated Ordinance No. 3 reflects the
changes made in the state statutes concerning larceny offenses. There was no further
comment from the council or the public. The motion was approved unanimously 7-0.
The ninth item on the agenda was the Adjournment. There being no further business,
Kurz made a motion to adjourn with a second from Moffet. The motion passed unanimously 7-0
and Council adjourned at 7:27 p.m.
Respectfully Submitted,
Attest: __________________________________
Andrew P. Daly, Mayor
___________________________________
Tammy Nagel, Acting Town Clerk
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Town Council Meeting Minutes of January 21, 2014 Page 1
Vail Town Council Meeting Minutes
Tuesday, January 21, 2014
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Andy Daly.
Members present: Andy Daly, Mayor
Margaret Rogers
Greg Moffet
Jenn Bruno
Dave Chapin
Dale Bugby
Absent Ludwig Kurz
Staff members: Stan Zemler, Town Manager
Kendra Carberry, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Tammy Nagel, Acting Town Clerk
_________________________________________________________________
The first item on the agenda was a thank you to former Council Member Susie Tjossem for her
service. Daly thanked Tjossem for her four year dedication to the council. Daly spoke about
Tjossem’s assistance in the coordination of the Vail Local Marketing District (VLMD) and
Commission on Special Events (CSE).
The second item on the agenda was Citizen Participation. Jonathan Levine, owner of
Hummers for Vail, expressed his concerns regarding the transportation ordinance and
suggested having a conversation with all businesses that are being affected. Levine stated the
problem was more logistics and by having more involvement from the stakeholders, a solution
could be found. Daly thanked Levine for his ideas and constructive tone.
The third item on the agenda was the Consent Agenda.
1) Tier IV Allocations memorandum and recommendations. Commission on Special
Events (CSE) Chair Barry Davis asked if council had any questions concerning the Tier
IV allocations that were discussed in the memorandum. Moffet asked Davis if having the
additional $90,000 in funding helped the events discussed in the memorandum or would
those events still have occurred without the additional funding. Davis responded that
those events would still have happened. Moffet commented he would not support these
allocations for a few of reasons: he did not agree with the Vail Global Energy Forum
because most of the events were primarily occurring in Beaver Creek; the events would
have happened without the additional funding; and that he did not agree with Tier IV in
general. The biggest issue was not the events happening in Vail but happening in
Beaver Creek. Bruno reminded council that the CSE acted as they were directed by
council, but she also agreed more of the Vail Global Energy Forum needs to happen in
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Town Council Meeting Minutes of January 21, 2014 Page 2
Vail. Rogers made a motion to approve CSE’s Tire IV allocation with a second from
Bruno. The motion passed 5-1 (Moffet opposed).
The fourth item on the agenda was the Town Managers Report.
1) Town Council/Town Manager Goals. Town Manager Stan Zemler reviewed the council’s
three goals: enhance economic vitality, grow a balanced community and elevate the
quality of the experience that council established at their retreat in December. Zemler
suggested scheduling a study session over the next several months to bring clarity to
tactics council had identified, such as expanding air services into Eagle County Airport
and a practical housing policy. Zemler added Vail Resorts will be added to the list of
partners. Moffet did not think scheduling meetings on the council’s off Tuesdays would
be pratical for town staff. Zemler reviewed the 2014 Town of Vail Projects list. Daly said
public outreach had to be a high priority in the work plan. Daly asked for public
comment and there was none.
The fifth item on the agenda was the I-70 Vail Underpass Project Update. Town Engineer Tom
Kassmel reviewed the history concerning the I-70 Vail underpass. Kassmel explained the Main
Vail and West Vail interchanges are the primary access points to and from the town from I-70
and are also the only locations for vehicles to cross I-70 for several miles. During times of
severe congestion, existing traffic at Main Vail and West Vail sometimes backs up onto I-70,
which presents operational and safety problems on I-70. Kassmel informed council the I-70 Vail
underpass will reduce congestion at the Main Vail and West Vail interchanges; improve
connectivity in the community; improve emergency response; enhance efficiency and
connectivity; improve traffic safety; and enhance economic vitality. Moffet asked if the project
will extend the life to the roundabouts and Kassmel responded yes. Kassmel staid eight
locations were studied: Donovan Park, Post Office overpass, Cascade single roundabout, East
Cascade Village, Simba perpendicular, Simba skewed, Lions Ridge Loop and North Frontage
Road, Red Sandstone and east Ever Vail. The Donovan location would require substantial
lowering of the North Frontage Road exceeding acceptable grades; significant right-of-way
(ROW) impacts to the Roost lodge property and its approved future development plan on the
north side and two private homes in the southwest side and the location does not improve the
safety of the pedestrian crossing. The Post Office location required lowering both east and west
bound I-70 10-18 feet, require raising the frontage roads and would require an overpass
structure and retaining walls resulting in an increase in the cost of the project to $30 million.
The Cascade single location would require lowering both east and west bound I-70. This would
require very large structures and significant retaining walls, which would result in the project
costs to increase to $40 million. The Vail Cascade at Westhaven Drive location would require
lowering the north and south frontage roads; lowering Westhaven Drive access by 19 feet; and
would have significant ROW impacts on the Lift Side Condominiums, impacts to the Cascade
Resort Conference Center and impacts to the Timber Ridge Apartments. The East Cascade
Village location required lowering the North Frontage Road by 19 feet and the South Frontage
Road 17 feet; a substantial retaining wall on the south side of the crossing to avoid impacting
the regional/ski trail; and significant impact to the ROW at the Timber Ridge Apartment complex.
The Simba perpendicular location required the North Frontage Road to be lowered 18 feet and
the South Frontage Road would be lowered 13 feet; had minimal ROW impacts on the south
side and ROW impacts to the north side, but did not impact any structures. Kassmel stated this
location provided good service to transit activity centers. The Simba skewed location provided
an area where both the north and south frontage roads are below I-70 and minimized the need
for retaining walls on the south side; minimal ROW impacts in the south side; and good services
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Town Council Meeting Minutes of January 21, 2014 Page 3
to transit activity centers. The Lions Ridge Loop and North Frontage Road intersection required
lowering the North Frontage Road by 29 feet; impacted Lions Ridge Loop and private drives
requiring unacceptable grades to mitigate access; impacted Red Sandstone Creek; and was not
compatible with the South Frontage Road or the approved future Ever Vail development plan.
The Red Sandstone location required lowering the North Frontage Road by 30 feet; had
significant ROW impacts to a private home and to the Red Sandstone Road; and was not
compatible with the South Frontage Road or the approved future Ever Vail development plan.
The East Ever Vail location directly impacted Red Sandstone Park, a federally protected
property; required raising eastbound I-70 at least 18 feet and lowering the north and south
frontage roads by 23 feet and 12 feet respectively; and the location did not provide good
bike/pedestrian or transit access to the future planned Ever Vail development. After reviewing
the locations with council, Kassmel stated that on a traffic and safety standpoint, it is best to go
with the Simba locations. The Public Works department has hosted several open houses and
received public input acknowledging the need and supported the project. Citizens wanted to
understand more about how the noise, lighting, air quality and aesthetics would affect
neighboring properties and how they would be mitigated. Kassmel said there would be more
public open houses and several town council updates in 2014. Bugby asked how the bike path
on the north recreation trail would be affected and Kassmel responded it would continue to be
maintained. Rogers asked if staff had met with Simba Run and Savoy Villas homeowners.
Kassmel said staff had started to meet with the owners and would soon be developing a
committee with homeowners and property managers. Rogers asked if the project would need a
majority or unanimous vote from the homeowners board to move forward at the Simba location.
Farrow Hitt, Simba Run General Manager, stated he was hoping to get a full consensus
Additionally, Hitt stated he would look to see if there is a majority or super majority vote needed.
Bob Lewellyn, representing the Savoy Villas Homeowners Association, thought staff has done a
great job meeting with the homeowners and showing the impacts, but suggested the I-70
underpass be part of the Timber Ridge project. Hitt requested that Simba Run be represented
on the Underpass Project Leadership Team. Hitt also stated several Simba Run owners have
expressed to him that they would like the project to be located at Timber Ridge since the
property is owned by the town. Daly asked if council had any questions. Bugby expressed the
project would be good in the long run with the ability to walk to the slopes and should add value
to the properties. Daly encouraged citizens to get involved in the process. Kassmel asked
council if staff should look at the Timber Ridge location again as a possibility. Town Manager
Stan Zemler said the I-70 Underpass would affect the Timber Ridge redevelopment project
which is scheduled to start construction May 1. Michael Cacioppo, Eagle County resident, said
he would like to see the underpass built as soon as possible and agreed that property values
would go up with it being walking distance to Ever Vail. Daly asked council if all members
agreed to direct staff to reconsider Timber Ridge as a possible location for the I-70 Underpass.
The direction failed by a vote 3-3 (Bruno, Rogers, Daly in support).
The sixth item on the agenda was Resolution No. 3, Series of 2014, A Resolution Approving
the Transfer of Ownership of the Timber Ridge Property From the Timber Ridge Affordable
Housing Corporation to the Town of Vail. Community Development Director George Ruther
informed council staff would be meeting with the developer on the 31st of January to address
liability concerns and for execution of the quit claim deed. Moffet made a motion to pass
Resolution No. 3 with a second from Bugby. There was no public comment and the motion
passed unanimously 6-0.
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Town Council Meeting Minutes of January 21, 2014 Page 4
The seventh item on the agenda was the first reading of Ordinance No. 4, Series of 2014, An
Ordinance Creating the Timber Ridge Enterprise Fund of the Town of Vail, Colorado; and
Making Budget Adjustments to the Timber Ridge Enterprise Fund of the 2014 Budget for the
Town of Vail, Colorado; and Authorizing the said Adjustments as Set Forth Herein and Setting
for Details in Regard Thereto. Finance Director Judy Camp explained this ordinance was
necessary to continue the operations of Timber Ridge after the deed is transferred back to the
town. Moffet made a motion to pass Ordinance No. 4 on first reading with a second from Bugby.
There was no public comment. The motion passed unanimously 6-0.
The eighth item on the agenda was the second reading of Ordinance No. 1, Series of 2014, An
Ordinance Extending the Temporary Ban on Marijuana Establishments in the Town, Pursuant to
the Newly Enacted Section 16 of Article XVIII of the Colorado Constitution (Amendment 64).
Moffet made a motion to pass Ordinance No. 1 on second reading with a second from Bugby.
Moffet clarified the moratorium on the temporary ban on marijuana establishments will be in
effect until July 31, 2014, which allows time for staff to investigate the pros and cons of having
these establishments in Vail. Zemler said staff would come back at the second meeting in
March to have a discussion on what other communities in the state are doing with Amendment
64. Daly asked for public comment. Michael Cacioppo, eagle county resident, applauded
council for slowing down on a decision concerning this matter. Cacioppo hoped Vail would say
no to these types of establishments in town limits. There was no further public comment. The
motion passed unanimously 6-0.
The ninth item on the agenda was the second reading of Ordinance No. 2, Series of 2014, An
Ordinance Repealing Section 1-4-1.C of the Vail Town Code and Enacting a New Section 1-4-4
of the Vail Town Code, Concerning Restitution in Municipal Court. Municipal Court Judge Buck
Allen explained this ordinance took the municipal court out of the civil side of restitution when
both parties of a disturbance receive summons to a crime where property or bodily injury had
occurred. Moffet made a motion to pass Ordinance No. 2 on second reading with a second by
Rogers. There was no public comment. The motion passes unanimously 6-0.
The Tenth item on the agenda was the second reading of Ordinance No. 3, Series of 2014, An
Ordinance Amending Section 6-3B-2 of the Vail Town Code Regarding the Jurisdictional Limit of
Larceny Offenses on the Town. Moffet made a motion to pass Ordinance No. 3 on second
reading with a second by Rogers. There was no public comment. The motion passed
unanimously 6-0.
The eleventh item on the agenda was the Adjournment. There being no further business,
Moffet made a motion to adjourn with a second from Bugby. The motion passed unanimously
6-0 and Council adjourned at 8:31 p.m.
Respectfully Submitted,
Attest: __________________________________
Andrew P. Daly, Mayor
___________________________________
Tammy Nagel, Acting Town Clerk
2/4/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 4, 2014
ITEM/TOPIC: Town Managers Report:
1) Peer City Visits: Park City (April 3 & 4), Aspen (October 9 & 10).
2/4/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 4, 2014
ITEM/TOPIC: The Betty Ford Alpine Garden Foundation, represented by Jack Hunn, is
requesting permission to proceed through the Town's development review process with an
application to construct an education center in Gerald R. Ford Park.
PRESENTER(S): Jack Hunn, Hunn Consulting Group and George Ruther, Director,
Community Development
ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny the
applicant's request to proceed through the development review process.
BACKGROUND: The Betty Ford Alpine Garden Foundation is proposing to construct an
education center in Ford Park consistent with the recommendations prescribed by the recently
adopted 2013 Gerald R. Ford Park Master Plan. If permission to proceed is granted, the
applicant will submit the necessary application forms and materials to evaulate the proposal.
As the Town of Vail is the owner of the land within Ford Park, the Town Council, acting on
behalf of the owner, is required to sign the development application in order for the application
to proceed.
STAFF RECOMMENDATION: The Community Development Department recommends the
Vail Town Council grants permission, on behlaf of the property owner, for the Betty Ford
Alpine Garden Foundation to proceed through the Town's development review process to
construct an education center in Ford Park, consistent with the recommendations of the 2013
Gerald R. Ford Park Master Plan.
ATTACHMENTS:
Letter to Council
2/4/2014
The Gardens are located in Ford Park. Mailing Address: 183 GORE CREEK DRIVE, STE 7 VAIL, COLORADO 81657 (970) 476-0103
www.BettyFordAlpineGardens.com
BETTY FORD ALPINE GARDENS – PROPOSED EDUCATION CENTER
1/27/14
Dear George,
The Board of Directors of Betty Ford Alpine Gardens hereby requests that we be scheduled to address the Town of Vail Council at the evening meeting on February 4, 2014. At this meeting, we intend to request permission of the Council, as the owners of Ford Park, to allow Betty Ford Alpine Gardens to proceed through the approval process with respect to its proposed ‘Education Center’.
The Master Plan identifies the site of the proposed facility within Ford Park, along west Betty Ford Way, just northwest of the playground. The design, size, and program of the Education Center will all be consistent with the recently adopted ‘2013 Ford Park Master Plan’. The architectural character will be generally consistent with the ‘conceptual images’, prepared for the Town by Zehren and Associates, which are also embodied within the Master Plan.
Should we receive the approval from the Council, we intend to advance the architectural design of the facility as required in order to make a formal application to the Planning and Environmental Commission (PEC) and, subsequently, to the Design Review Board (DRB) later this year. If successful in obtaining approvals from the PEC and DRB, it would be our intension to commence construction of the facility in the late-fall of 2014 or early spring of 2015.
Based on your recommendation, we will not plan to make a lengthy presentation to the Council, but will be prepared to answer any questions that might come about as a result of our request.
Thank you in advance for your consideration of our request. Please feel free to contact me with any questions that you may have.
Sincerely,
Nicola Ripley,
Executive Director
2/4/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 4, 2014
ITEM/TOPIC: Second reading of Ordinance No.4, Series of 2014, an ordinance creating the
Timber Ridge Enterprise Fund of the Town of Vail, Colorado; making budget adjustments to
the Timber Enterprise Fund of the 2014 budget for the Town of Vail, Colorado; authorizing the
said adjustments as set forth herein; and setting forth details in regard thereto.
PRESENTER(S): Judy Camp
ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 4, Series of 2014, to
incorporate Timber Ridge operations into the Town of Vail 2014 budget.
BACKGROUND: Ordinance No. 4 amends the Town's 2014 budget to include the operations
of the Timber Ridge employee housing complex subsequent to the transfer of ownership to the
Town of Vail. The budget presented in Ordinance No. 4 is the same budget previously
approved by the Timber Ridge Affordable Housing Corporation as the owner of the property
before the transfer. This 12-month budget provides for operating the entire complex.
Adjustments will be made in future budget amendments as redevelopment plans unfold.
STAFF RECOMMENDATION: Staff recommends approval of Ordinance No. 4 upon second
reading as presented.
ATTACHMENTS:
Ordinance No. 4, Series 2014
2/4/2014
Ordinance No. 4, Series of 2014
ORDINANCE NO. 4
SERIES OF 2014
AN ORDINANCE CREATING THE TIMBER RIDGE ENTERPRISE FUND OF THE TOWN OF
VAIL, COLORADO; MAKING BUDGET ADJUSTMENTS TO THE TIMBER RIDGE
ENTERPRISE FUND OF THE 2014 BUDGET FOR THE TOWN OF VAIL, COLORADO;
AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2014 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
15, Series of 2013, adopting the 2014 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2013 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
Timber Ridge Enterprise Fund $ 1,406,039
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
2/4/2014
Ordinance No. 4, Series of 2014
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith
are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 21st day of January, 2014, and a public hearing shall be held on this
Ordinance on the 4th day of February, 2014, at 6:00 pm at the regular meeting of the Town Council
of the Town of Vail, Colorado, in the Municipal Building of the town.
_______________________________
Andrew P. Daly, Mayor
ATTEST:
___________________________
Tammy Nagel, Acting Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 4th
day of February 2014.
_____________________________
Andrew P. Daly, Mayor
ATTEST:
________________________________
Tammy Nagel, Acting Town Clerk
2/4/2014
2014
Proposed
Amended
Revenue
Rental Income 1,848,871$
Other Income 14,774
Earnings on Investments 2,760
Total Revenue 1,866,405
Expenditures
Operating, Maintenance & Contracts 762,175
Capital Outlay 154,150
Total Expenditures 916,325
Revenue Over (Under) Expenditures Before Financing 950,080
Financing Sources and Uses
Loan Principal Repayment to Capital Projects Fund (345,966)
Interest Payment to Capital Projects Fund (143,748)
Revenue Over (Under) Expenditures after Financing 460,366
Beginning Fund Balance 1,436,298
Ending Fund Balance 2,357,030$
TOWN OF VAIL 2014 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
TIMBER RIDGE ENTERPRISE FUND
Note: This is a 12-month budget as adopted originally by the TRAHC Board on November 5, 2013 and
assumes operation of the entire property for a full year.
2/4/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 4, 2014
ITEM/TOPIC: The Road to 2015 Incentive Program
PRESENTER(S): George Ruther
ATTACHMENTS:
Town Council Memorandum
2/4/2014
1
MEMORANDUM
To: Vail Town Council
From: George Ruther, Director of Community Development
Date: February 4, 2014
Re: “The Road to 2015….Fix It. Paint it. Clean it. Improve It.”
I. Purpose
The world is coming to Vail in 2015. As the premier international mountain resort community Vail must
shine for the 150,000 expected guests and spectators, attending the 2015 World Alpine Ski
Championships as well as the estimated one billion viewers that will see the television broadcasts
around the world . “The Road to 2015….Fix It. Paint It. Clean It. Improve It” program provides financial
incentives to commercial building owners and tenants to complete certain functional and aesthetic
exterior and interior building improvements within and around Vail Village, Lionshead and the East and
West Vail retail areas.
II. Goals
• To maintain and enhance the pedestrian experience of Vail Village, Lionshead and the East and
West Vail retail areas.
• To provide comfortable and attractive places to shop, eat and enjoy as guests or residents of
Vail.
• To a make first and lasting positive impression of our built community when the world comes to
Vail for the 2015 World Alpine Ski Championships.
III. Eligible Projects
The following project types are eligible to receive a financial incentive:
• Painting
• Awning replacement and repair
• Sign replacement and repair
• Exterior lighting improvements
• Power washing of a store front facade
• Window and exterior door replacement
• Landscape improvements
• Sidewalk repairs and replacements
• Outdoor dining deck improvements
• Deck furnishing replacements
• Interior remodels
Note: Additional projects may be determined to be eligible at the discretion of the Director of
Community Development.
2/4/2014
2
IV. Ineligible Projects
The following project types are ineligible to receive financial incentives:
• Roof repairs
• Residential projects
• Any project submitted before March 1,
2014
V. Applicability
This financial incentives program shall apply to retail and restaurant owners and tenants of commercial
buildings within one of the three commercial enhancement overlay districts. The overlay districts cover
Vail Village, Lionshead and the East and West Vail retail area. This program only applies to new projects
submitted to the Town of Vail Community Development Department for design review after March 1,
2014. To receive the financial incentive offered the all projects must be inspected for compliance by
the Town and fully completed by no later than December 15, 2014.
VI. Incentives
Upon the demonstrated completion of an approved and permitted eligible project, the Town of Vail will
refund 100% of all planning application fees and/or building permit application and plan review fees .
To receive the refund, the applicant must first call the Town of Vail Inspection Line to request a project
completion inspection. Upon written approval of the project completion inspection, the Town of Vail
will prepare a refund payment check. All projects must be competed by no later than December 15,
2014 and fully comply with the approved project plans.
Incentives include:
• Refunded planning application fees
• Refunded building permit application and plan review fees
• Expedited application and plan review
VII. Guidelines
All eligible projects shall comply with the following program guidelines:
• Compliance with adopted design guidelines and standards
• Compliance with applicable building codes
• Any illegal or non compliant matters shall be resolved as part of the project work (signs,
lighting, outdoor displays, etc.)
• Improvements shall be completed on the front/pedestrian way facade before and after
photography required
2/4/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 4, 2014
ITEM/TOPIC: Vail Construction Update 2014
PRESENTER(S): Tom Kassmel
ACTION REQUESTED OF COUNCIL: Listen to Construction Update presentation
BACKGROUND: The Town of Vail will be impacted by a significant number of large
construction projects this year. Many of the most impactful are along the North and South
Frontage Roads. The purpose of this construction overview is to update the Council on these
large construction projects.
STAFF RECOMMENDATION: Listen to Construction Update presentation
ATTACHMENTS:
Memo
2014 Construction Map
Wifi/4G Node Map
2/4/2014
To: Town Council
From: Public Works Department
Date: 2-4-14
Subject: 2014 Construction Overview
1. Summary
The Town of Vail will be impacted by a significant number of large construction projects
this year. Many of the most impactful are along the North and South Frontage Roads.
The purpose of this construction overview is to update the Council on these large
construction projects;
Project Schedule
North Frontage Road Shoulder Widening- (City Market to Main Vail) April-June
South Frontage Road Shoulder Widening- (Donovan to Cascade) April-June
South Frontage Road WQ Vaults- (West Vail to Donovan) April-June
South Frontage Road Medians- (LHPS to Vail Spa) April-June
Ford Park (Fields/Parking Lot/Frontage Road) April-June
Lionshead Entry and Skier Drop Off April-June & Sept.-Nov.
CDOT Asphalt Overlay (All Frontage Roads) July-Oct.
CDOT Fiber (PW to West Vail) TDB 2014
Wifi/4G DAS Project Completion (15+ Additional Nodes) April-June
VTRC Welcome Center Remodel Aug-Nov.
Strata/Lionshead Inn April 2014 - Dec. 2015
Timber Ridge- (East half) May 2014 - Dec. 2015
2/4/2014
0 1,000500 Feet IVail's Renewal - Status of Development Pr ojects in 2014 Summer
This map was created by the Town of Vail GIS workgroup. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the information contained h ere in .(where shown, parcel line work is approximate)
Map Revised: January 27, 2014
South Frontage RoadRealignment
§¨¦70
Forest Place
FourSeasons
Vail PlazaHotel & Club
Sonnenalp
One WillowBridge Road
TivoliLodge
Vail'sFront Door
Ticket Office
E. Meadow Dr.
Checkpoint CharlieRelocation
SeibertCircle
Mountain View /Apollo Park
Solaris /Crossroads
Evergreen
The Arrabelleat Vail Square Lodge atLionsHead(PH I & II)LionsHeadCentre
First Chair /North Day Lot
Land-mark
Gore CreekPlace
Ritz-Carlton
Strata
Lion SquareLodge (North)
Gore CreekPromenade
§¨¦70
Nine VailRoad
Vail ValleyMedical Center
Manor Vail
Rucksack
Gore CreekPlaza
BellTower
Lodge at Vail /Lodge Tower
SurfaceParking Lot
Antlers
Middle Creek
FirstBank VailMountainLodge
Founders Garage& Parkers Green
Montaneros
TheWillows
VillageParking Structure
Lifthouse
SliferSquare
Ramshorn
Lodge atLionsHead(PH III)
EVER VAIL
Solar Vail
Lion SquareLodge(South & East)
Willow Road
LionsHeadArcade
Vail 21
NewPublicRestrooms
Vail GymnasticsCenter
Phase III
Lionshead TransitWelcome Center
Library(remodel)
Phase I
Phase III
Phase II Streetscape Phase Municipal SiteRedevelopment
Vista BahnReplacement
Frontage Road Medians
ROW Houses
FORD PARK
Facilities Parking
Amphitheater
Lionshead TransitCenter Entrance
CDOT ASPHALT OVERLAY PROJECT ON ALLFRONTAGE ROADS: JULY - OCTOBER, 2014
Left Turn Lane(Red Sandstone School)
Frontage Road Widening(turn lanes at Ford Park)
a
Frontage RoadWidening
I 70
N F R O N T A G E R D W
S F R O N T A G E R D W S FRONTAGE RD E
W F O R E S T R D
VAIL RD
E FOREST RD
B E A V E R D A M R D
VAIL VALLEY DR
W MEADOW DR
E MEADOW DR
SPRADDLE CREEK RD
VAIL VIEW DR
GORE CREEK DR
RED SANDSTONE RD
I 70 OFF-RAMP
ROCKLEDGE RD
BRIDGE ST
RIVA GLEN
W LI O N S H E A D C I R
CHALET RD
WILLOW RD
E LIONSHEAD CIR I 70 ON-RAMP (WESTBOUND)
M I L L C R E E K C I R
I 70 ON-RAMP (EASTBOUND)
LIO NSHEAD PL
WILLOW PL
SA N D Y L N
VILLAGE CENTER RD I 70
I 70 OFF-RAMP
Timberline /Roost Lodge WesthavenCondos
WEST VAIL PLANNING AREA
CascadeCondos
Cornerstone
PotentialSimba RunUnderpass
Simba RunUnderpass
EmployeeHousingDevelopment
West VailFire Station
MatterhornBridge
Timber Ridge
Park Meadows
McDonald's
Simba Run
Frontage RoadWidening
Frontage RoadWidening
I 7 0
N F R O N T A G E R D W
S F R O N T A G E R D W
CHAMONIX LN
L I O N S R I D G E L O O P
ALPINE DR
W G O R E C R E E K D RGARMISCH DR
BUFFEHR
CREEK
RD
W E S T H A V E N D R
MATTERHORN CIR
VERMONT RD
WESTHAVEN CIR
GENEVA DR
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GREENHILL CT
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Wes t Vail I
Projects Anticipated For Future Redevelopment
Projects In Development Review Process
Projects Completed as of Summer 2013
Projects Approved For Redevelopment
Projects Under Construction
Right of Way (R.O.W.) Projects
2/4/2014
2/4/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 4, 2014
ITEM/TOPIC: Vail 21 Encroachment, Permission to proceed, DRB130567. The Vail 21
property located at 610 West Lionshead Circle is proposing building improvements that include
minor airspace encroachments into Town of Vail property. The applicant requests permission
to proceed through the Design Review Process and, if acceptable to Council, enter into a
revocable permit agreement with the Town of Vail for said encroachments.
PRESENTER(S): Jonathan Spence
ACTION REQUESTED OF COUNCIL: Staff requests the Town Council make a
determination to the appropriateness of the proposed encroachments.
BACKGROUND: The Town of Vail has entered into revocable ROW agreements in both
commercial and residential applications for encroachments that can be removed if necessary.
ATTACHMENTS:
Vail 21
2/4/2014
TO: Vail Town Council
FROM: Community Development Department
DATE: February 4, 2014
SUBJECT: Vail 21 Encroachments, Permission to Proceed, #DRB130567
I. SUMMARY
The Vail 21 property owners, located at 610 West Lionshead Circle, are proposing
building improvements that include airspace encroachments into Town of Vail property.
The applicant requests permission to proceed through the Design Review process and,
if approved, enter into a revocable permit agreement with the Town of Vail for said
encroachments.
II. BACKGROUND
The Vail 21 property was originally constructed in 1972 and consists of 21 residential
condominiums and commercial space on the basement and first floor levels. Will
Hentschel with 359 Design, representing the applicant, Vail 21 Condominium
Association, Inc., is proposing an exterior remodel and updating of the structure.
Included in the remodel are new windows, new wood siding, new commercial facades, a
refurbished painted cement block and new residential and commercial trellises. The
project is currently under review by the Community Development Department and is
anticipated to be seen by the Design Review Board on February 5, 2014.
III. ACTION REQUESTED
The Community Development Department requests that the Town Council evaluate the
proposal to encroach into Town of Vail airspace with portions of the entry trellises.
These encroachments would be subject to the terms of a revocable ROW permit and
could be dismantled and removed if required to do so.
The Community Development Department respectfully requests that the Vail Town
Council instruct Town Staff to either;
1. Instruct Town Staff to sign the development application on behalf of the
airspace owner and permit the project to proceed through the development
review process with the proposed encroachments.
2/4/2014
Town of Vail Page 2
2. Deny the request to proceed and require the applicant to amend the plans
prior to review by the Design Review Board to exclude or remove any
encroachments into Town of Vail ROW.
IV. ATTACHMENTS
A. Applicant’s Request
B. Encroachment Exhibit and Proposed Building Elevations
2/4/2014
359 Design – 710 West Colfax, Denver, CO 80204 – 303‐884‐9131 ‐ wihentschel@359arch.com
January 29, 2014
Town of Vail Community Development
Attn.: Jonathan Spence
Vail, CO
RE: Vail 21 Tract C Encroachments
Background
Vail 21, located at East Lionshead Circle, is a mixed‐use property consisting of two lower levels of retail
and three upper levels of 21 residential condominium units. The facility was constructed circa 1973 in
what could be loosely characterized as the international style, consisting of a scored split face CMU
building envelope and a combination of sloped and flat roofs. The Building is anchored by an
architecturally treated retail component at the base with the Upper Residential quiet components of the
building stepping back briefly from the Base. In most cases, the retail component is at the property line.
There are four Primary Residential Tenant of the Bundling, with their own identity and approach. There
are three residential entry points from the Street/Corridor, however, they are hard to discern and have
no sense of entry. Overall, the property has seen little to no updating in the last 10‐15 years.
Design Intent
The Vail 21 HOA wishes to maintain their investments and update their property so that it is in
congruence with surrounding improvements of East Lionshead Circle and it is comparable on a rental
rate with its competitors. Though redevelopment has been considered in the past, at this point the
collective Vail 21 owners are not in a position to embark on a full level modification of the property at
this point. The proposed improvements are as follows:
Address On‐Going Maintenance
Clean‐up worn ageing materials or treatments on the façade – inclusive of:
o Windows
o Doors
o Railings
o Split Faced Block treatment
o Soffits or corridor ceilings
o Pedestrian Walkways
Renovate the Retail base to be Inviting, continuous and Uniform
Address the Retail and Residential Pedestrians
Identify and Differentiate Retail and Residential Entry Points
Reduce the Scale of the Building to a Pedestrian Level
Utilize Tactile Materials and Elements
Tie into the Lionshead Welcome Center and continue the pedestrian experience of the new East
Lionshead Circle
2/4/2014
359 Design – 710 West Colfax, Denver, CO 80204 – 303‐884‐9131 ‐ wihentschel@359arch.com
The proposed implementation captures all of the above narrative. In doing so, due to the zero setback
lines at the retail levels and the urban/pedestrian nature of the retail base, a few of the elements that
welcome the pedestrian encroach onto the adjacent Tract C, Parcel B & Parcel C. To date, the Vail 21
HOA has received support from the owners of Parcel B to the Southwest and Parcel B to the North.
Additionally, the Vail 21 HOA is in positive negotiations with the two adjacent owners and has initial
permission to encroach slightly onto these properties with revocable improvements.
Request
The purpose of this inquiry is to seek permission from the owner of Tract C – the Town of Vail, via your
Town Council, for 3 levels of encroachment onto Tract C. The Encroachments are as follows:
1. A 5’x 3’ Portion of a larger Retail Entry Trellis (Air Space Encroachment, above 8’‐0”) at
the Eastern Entry to Vail Sports
2. A 0‐2’ & 2’‐6” x 12’ Retail Sunshade Element Air Space Encroachment, above 8’‐0”) at
the South Eastern Storefront of Vail Sports Performance Rentals and the North
Eastern Storefront of Vail Sports Performance Rentals.
3. Currently, the Top Step of Retail Stairs at Birkshire Hathaway at the South is within
Tract C. The proposed encroachment would include a resurface of the Stair and a
Retail Entry Trellis (Air Space Encroachment, above 8’‐0”) above the Entry Stair.
All proposed encroachments will be constructed in a nature that allows for removal of the elements
within 6 hours of notice. The intent of these improvements is to lower the Building Scale, to welcome
Pedestrian Traffic, Identify Entries and highlight Retail Opportunities. These above mentioned
improvements enhance the ability to achieve this, however we believe the design can be converted
without the requested encroachments, albeit at a reduced nature.
2/4/2014
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VAIL 21 EASEMENT ENCROACHMENT PRESENTATION
Describe a Design Proposal that Encroaches into the Town of Vail Tract C at East
Lionshead Circle
Encroachment Extent
•5’x 3’ Portion of a larger Retail Entry Trellis (Air Space)
•0-2’ & 2’-6” x 12’ Retail Sunshade Element (Air Space)
•Top Stair of Retail Stairs within Tract C. Repair Stair and Propose an entry Trellis.
•Proposed Designs can be removed within 6 hours
•Intent of the elements is to Lower Scale, Welcome Pedestrian Traffic, Identify Entries &
highlight Retail Opportunities
•Design can survive without the encroachments, however, the overall highlighted elements
enhance the pedestrian experience.
2/4/2014
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2/4/2014
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VAIL 21 PROJECT INTRODUCTION - GOALS
•Address On-Going Maintenance
•Clean-up Facade
•Renovate Retail base to be Inviting, Continuous & Uniform
•Address Retail and Residential Pedestrians / Identify Entrances
•Reduce Scale to the Pedestrian
•Utilize Tactile Materials & Elements
•Comply with Lionshead Mixed Use - Design Guidelines
•Tie in to the Lionshead Welcome Center / Continue the Experience created by
the new East Lionshead Circle and the Lionshead Promenade
2/4/2014
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EAST ELEVATION - EXISTING EAST ELEVATION PROPOSED
VAIL 21 EXISTING CONDITIONS VS. PROPOSED
2/4/2014
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SOUTH ELEVATION - EXISTING VAIL SPORTS /
BERKSHIRE
SOUTH ELEVATION PROPOSED - VAIL SPORTS &
BERKSHIRE
VAIL 21 EXISTING CONDITIONS VS. PROPOSED
2/4/2014
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SOUTH / WEST ELEVATION - EXISTING VAIL SPORTS
/ BREEZE SKI RENTALS - RESIDENTIAL ENTRY
SOUTH ELEVATION PROPOSED - VAIL SPORTS &
BERKSHIRE / BREEZE AND RESIDENTIAL ENTRY
VAIL 21 EXISTING CONDITIONS VS. PROPOSED
2/4/2014
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0-2’ Encroachment by a Sunshade 9’ above grade
SITE / LANDSCAPE PLAN
3’ x 5’ Entry Trellis Encroachment 10’ 6 above grade
2’-6” Encroachment by a Sun-shade 9’ above grade
Resurfacing of Stairs and Stone wall Leading to Realtors - top Step within Tract C
2
1
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3 2/4/2014
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•3’-0” x 5’-0” Portion of a Larger Entry Trellis will encroach on Tract C 8’-6” above grade
•Entry Trellis can be designed to be removed within 6 hours
Partial Site Plan Partial Rendered East Elevation
# 1 - EAST - PROPOSED SCOPE- ENTRY TRELLIS ENCROACHMENT
2/4/2014
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Partial Rendered East Elevation
•0-2’ & 2’-6” x 12’ Sunshade encroachment on
Tract C. 7’-6” above grade.
•Sunshade can be designed to be removed within
6 hoursPartial Site Plan
# 2 - EAST - PROPOSED SCOPE- SUNSHADE ENCROACHMENT
2/4/2014
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Partial Rendered South East Elevation
•Top Tread of Entry stair and 1’-0” of Retail
Entry Trellis Encroach on TOV Tract C
•Entry Trellis can be designed to be
removed within 6 hours
# 3 - SOUTH- PROPOSED SCOPE- RETAIL ENTRY TRELLIS ENCROACHMENT
Partial Site Plan 2/4/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 4, 2014
ITEM/TOPIC: Commercial Ski Storage/Private Ski Clubs
PRESENTER(S): Jonathan Spence
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/Private Ski Clubs TC Memo 02-04-2014
2/4/2014
TO: Vail Town Council
FROM: Community Development Department
DATE: February 4, 2014
SUBJECT: Policy Discussion on 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. The purpose of the moratorium is 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 presented a historical background on
the Commercial Ski Storage use at the January 7, 2014 work session. At this meeting,
the Town Council:
• Requested additional information concerning sales tax generation.
• Requested a better understanding of the varieties of ski storage/private
ski clubs in operation.
• Inquired about the possible impacts of Commercial Ski Storage and
private ski clubs on existing or future business/professional office uses.
• Recognized seasonality and its impacts on the guest experience,
commercial vibrancy, village vitality and sales tax collections as a
concern.
Staff returns to the Town Council with the information requested to build upon the
previous conversation and for a determination on what changes, if any, to the policy on
Commercial Ski Storage and private ski clubs may be appropriate.
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.
2/4/2014
Town of Vail Page 2
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 defined 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
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
Sales Tax Generation
As requested at the January 7, 2014 Town Council Worksession, the Community
Development Department with the assistance of the Finance Department has put
together average sales tax generations per square foot based on an analysis of seven
(7) restaurants located in either Vail or Lionshead Village. The average sales tax
generation per square foot on a yearly basis is $17.00. For a restaurant of 2,300 square
feet, the yearly generated sales tax would be $39,100.00.
Staff also analyzed the sales tax generation numbers for three (3) ski storage/ski club
establishments also located in Vail or Lionshead Village. The average sales tax
2/4/2014
Town of Vail Page 3
generation per foot on a yearly basis is $2.29. For an operation of 2,300 square feet, the
yearly generated sales tax would be $5,267.00
For contextual purposes it is important to remember that the above numbers are direct
sales tax only and do not include indirect sales tax generated as a result of a particular
use or business. In addition, the direct sales tax numbers do not account for an increase
in lodging tax revenues as a result of a rise in lodging rates attributable in part to the
level of guest service facilitated by a slopeside ski storage/ski concierge presence.
Potential Displacement of Office Uses
Concern has been expressed by some members of the Town Council related to the
potential for existing professional or business office uses to be displaced by a ski
storage/ski club operation, if they were to be permitted on the second floor. In speaking
with commercial ski storage/ski club operators and commercial real estate agents, staff
has learned that the building characteristics that may be attractive to a ski storage
operation, mainly the proximity to the ski slope, are not readily shared with office users.
The contrary of this may also be true in that office users are less interested in those
spaces that are attractive to ski storage operations for reasons including unnecessary
cost.
There have been no comprehensive studies or tracking of office space in Vail or
Lionshead Village in recent years. In speaking with Mike Pearson, President and
Managing Broker of NAI Mountain Commercial, staff has learned that few office users
need or demand a presence in the Villages and that most office users are small niche
operators. Mr. Pearson believes that there is neither an unmet need nor a situation of
excess in relation to office space and does anticipate a displacement related to more
locational users (Users needing a close proximity to the ski edge for their operations.)
Variety of Uses and Use Seasonality
Since the January 7, 2014 worksession with Town Council, staff has met with many of
the operators of Commercial Ski Storage/private ski clubs. As anticipated, the use has
evolved considerably and can be separated into five (5) distinct classifications. Each
classification has its own attributes and impacts. The seasonality of uses and its
impacts on the guest experience, commercial vibrancy, village vitality and sales tax
collections was recognized as a concern by Town Council at the January 7th meeting.
The chart below is an attempt to illustrate the five (5) classifications, their seasonality
and their similarities and differences with the shaded cells indicating a general
departure from the historic Commercial Ski Storage use.
2/4/2014
Classifications of Commercial Ski Storage/Private Ski Clubs
Traditional
Ski Storage
Private Ski
Club
Concierge Hotel
Service
Overnight
Slopeside Ski
Storage
Remote
Community
Ski Club
Customer
Base
seasonal
renters
members guests &
owners
walk-ins
members
Level of
Staffing
low
high
high
moderate
low
Storage
Location
below
grade
below
grade
varied below
grade
varied
Affiliations
none
varied hotels &
condos
none private out of
town groups
Valet
none slopeside
racks
slopeside racks slopeside
racks
none
Seasonality winter
mostly
year
round
year round winter
only
winter
only
Demand available
capacity
full
capacity
varied available
capacity
available
capacity
Additional
Amenities
none food & drink,
lounge
varied
none food & drink,
lounge
Fee
Structure
seasonal initiation plus
yearly fee
room rates & HOA dues
nightly initiation plus
yearly fee
Examples
Double Diamond
Ski Valet
Mountain Club
Golden Peak Club
Game Creek Club
Base Camp (Sebastian)
Gorsuch (Four Seasons) Ski
Haus (Sonnenalp)
Troy’s Ski Shop (Austria Haus)
SSV
Cordillera Vail Club
2/4/2014
It is the intent of these use distinctions and their corresponding characteristics to assist
in the policy discussion and ultimately in the direction staff receives from Council. It is
important to remember that revised zoning regulations and development standards
resulting from any change in policy will have impacts on the villages’ horizontal zoning
schemes.
VI. INQUIRY
A. Do changes in the use necessitate a revised policy on Commercial Ski
Storage?
Staff believes there was consensus expressed at the January 7th meeting that
the changes do necessitate a re-evaluation of the policy on Commercial Ski
Storage.
B. Should the Commercial Ski Storage Use be redefined to more accurately
reflect the nuances of the use with the possible creation of additional land
use categories?
C. Should the first floor or street level be maintained for active retail uses that
have the potential to generate direct sales tax revenue?
Staff believes there was consensus expressed at the January 7th meeting that
the first floor should be maintained for direct sales tax generating active uses
including restaurant and retail.
D. Should the policy of horizontal zoning be revised to allow uses including
Commercial Ski Storage in locations other than the basement and garden
levels and, if so, within what parameters?
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 and presents the
following options:
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 a change in policy.
B. Maintain the existing policy concerning Commercial Ski Storage (No Action)
2/4/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 4, 2014
ITEM/TOPIC: First reading of Ordinance No. 5, Series of 2014, An Ordinance Amending
Section 6-3C-6 of the Vail Town Code to Reconcile the Town Code with C.R.S.§ 18-18-406
Concerning Penalties for the Possession and Open and Public DIsplay or Consumption of
Marijuana.
PRESENTER(S): Kendra Carberry
ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny
Ordinance No. 5, Series of 2014 upon first reading.
BACKGROUND: In 2012, Colorado voters passed Amendment 64, which amended Article
XVIII of the Colorado Constitution by the addition of a new § 16 regarding the personal use
and regulation of marijuana. Amendment 64 permits the possession, use, display, purchase or
transportation of marijuana accessories and one ounce or less of marijuana by persons
twenty-one (21) years of age and older. In light of Amendment 64, the Colorado General
Assembly repealed and reenacted C.R.S. § 18-18-406, which establishes the maximum
penalties for the possession and open and public display or consumption of marijuana, and
such changes became effective in October 2013. Ordinance No. 5 reconciles the Vail Town
Code with C.R.S. § 18-18-406 and to clarifies the Town's penalty provisions concerning the
possession and open and public display and consumption of marijuana.
STAFF RECOMMENDATION: Approve, approve with amendments or deny Ordinance No.
5, Series of 2014 upon first reading.
ATTACHMENTS:
Ordinace No. 5, Series of 2014
2/4/2014
Ordinance No. 5, Series of 2014 1
ORDINANCE NO. 5
SERIES 2014
AN ORDINANCE AMENDING SECTION 6-3C-6 OF THE VAIL TOWN CODE
TO RECONCILE THE TOWN CODE WITH C.R.S. § 18-18-406 CONCERNING
PENALTIES FOR THE POSSESSION AND OPEN AND PUBLIC DISPLAY OR
CONSUMPTION OF MARIJUANA
WHEREAS, in 2012, Colorado voters passed Amendment 64, which amended Article
XVIII of the Colorado Constitution by the addition of a new § 16 regarding the personal use and
regulation of marijuana;
WHEREAS, Amendment 64 permits the possession, use, display, purchase or
transportation of marijuana accessories and one ounce or less of marijuana by persons twenty-
one (21) years of age and older;
WHEREAS, in light of Amendment 64, the Colorado General Assembly repealed and
reenacted C.R.S. § 18-18-406, which establishes the maximum penalties for the possession
and open and public display or consumption of marijuana, and such changes became effective
in October 2013; and
WHEREAS, it is the desire of the Vail Town Council to pass legislation reconciling the
Vail Town Code with C.R.S. § 18-18-406 and to clarify the Town's penalty provisions concerning
the possession and open and public display and consumption of marijuana.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Subsection C of Section 6-3C-6 of the Vail Town Code is hereby
amended to read as follows:
6-3C-6: Possession of Marijuana, Marijuana Products and Marijuana
Accessories:
C. Penalty:
1. Violations of this Section shall be punishable as set forth in Title 1,
Chapter 4 of this Code, except as follows:
a. A person who possesses not more than two (2) ounces of
marijuana in violation of this Section shall be punished by a fine of not
more than one hundred dollars ($100.00); and
b. A person who openly and publicly displays, consumes or
uses two (2) ounces or less of marijuana in violation of this Section shall
be punished by a fine of not more than one hundred dollars ($100.00) and
up to twenty-four (24) hours of community service.
2. It shall be an affirmative defense to a prosecution under this
Section that a person is in possession of a valid registry identification card
2/4/2014
Ordinance No. 5, Series of 2014 2
authorizing the medicinal use of marijuana issued by the state healthy agency, so
long as consumption or use does not occur in a public place.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 4. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision amended. The amendment of
any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of February, 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.
_____________________________
Andy P. Daly, Mayor
ATTEST:
____________________________
Tammy Nagel, Acting Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this
___ day of ______________, 2014.
_____________________________
Andy P. Daly, Mayor
ATTEST:
____________________________
Tammy Nagel, Acting Town Clerk
2/4/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 4, 2014
ITEM/TOPIC: Wall Street Building Appeal of DRB Decision. An appeal, pursuant to Section
12-3-3, Appeals, Vail Town Code, of the final decision of the Town of Vail Design Review
Board on December 18, 2013, approving, with conditions, a commercial addition and exterior
alterations to the façade to the Wall Street Building, located at 225 Wall Street/Lots B&C,
Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. (DRB130552)
PRESENTER(S): Warren Campbell
ACTION REQUESTED OF COUNCIL: The Vail Town Council is asked to continue this
appeal to the February 18, 2014, public hearing.
2/4/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 4, 2014
ITEM/TOPIC: Adjournment (8:35 p.m.)
2/4/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 4, 2014
ITEM/TOPIC: First reading of Ordinance No. 5, Series of 2014, An Ordinance Amending
Section 6-3C-6 of the Vail Town Code to Reconcile the Town Code with C.R.S.§ 18-18-406
Concerning Penalties for the Possession and Open and Public DIsplay or Consumption of
Marijuana.
PRESENTER(S): Kendra Carberry
ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny
Ordinance No. 5, Series of 2014 upon first reading.
BACKGROUND: In 2012, Colorado voters passed Amendment 64, which amended Article
XVIII of the Colorado Constitution by the addition of a new § 16 regarding the personal use
and regulation of marijuana. Amendment 64 permits the possession, use, display, purchase or
transportation of marijuana accessories and one ounce or less of marijuana by persons
twenty-one (21) years of age and older. In light of Amendment 64, the Colorado General
Assembly repealed and reenacted C.R.S. § 18-18-406, which establishes the maximum
penalties for the possession and open and public display or consumption of marijuana, and
such changes became effective in October 2013. Ordinance No. 5 reconciles the Vail Town
Code with C.R.S. § 18-18-406 and to clarifies the Town's penalty provisions concerning the
possession and open and public display and consumption of marijuana.
STAFF RECOMMENDATION: Approve, approve with amendments or deny Ordinance No.
5, Series of 2014 upon first reading.
ATTACHMENTS:
Ordinace No. 5, Series of 2014
2/4/2014
Ordinance No. 5, Series of 2014 1
ORDINANCE NO. 5
SERIES 2014
AN ORDINANCE AMENDING SECTION 6-3C-6 OF THE VAIL TOWN CODE
TO RECONCILE THE TOWN CODE WITH C.R.S. § 18-18-406 CONCERNING
PENALTIES FOR THE POSSESSION AND OPEN AND PUBLIC DISPLAY OR
CONSUMPTION OF MARIJUANA
WHEREAS, in 2012, Colorado voters passed Amendment 64, which amended Article
XVIII of the Colorado Constitution by the addition of a new § 16 regarding the personal use and
regulation of marijuana;
WHEREAS, Amendment 64 permits the possession, use, display, purchase or
transportation of marijuana accessories and one ounce or less of marijuana by persons twenty-
one (21) years of age and older;
WHEREAS, in light of Amendment 64, the Colorado General Assembly repealed and
reenacted C.R.S. § 18-18-406, which establishes the maximum penalties for the possession
and open and public display or consumption of marijuana, and such changes became effective
in October 2013; and
WHEREAS, it is the desire of the Vail Town Council to pass legislation reconciling the
Vail Town Code with C.R.S. § 18-18-406 and to clarify the Town's penalty provisions concerning
the possession and open and public display and consumption of marijuana.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Subsection C of Section 6-3C-6 of the Vail Town Code is hereby
amended to read as follows:
6-3C-6: Possession of Marijuana, Marijuana Products and Marijuana
Accessories:
C. Penalty:
1. Violations of this Section shall be punishable as set forth in Title 1,
Chapter 4 of this Code, except as follows:
a. A person who possesses not more than two (2) ounces of
marijuana in violation of this Section shall be punished by a fine of not
more than one hundred dollars ($100.00); and
b. A person who openly and publicly displays, consumes or
uses two (2) ounces or less of marijuana in violation of this Section shall
be punished by a fine of not more than one hundred dollars ($100.00) and
up to twenty-four (24) hours of community service.
2. It shall be an affirmative defense to a prosecution under this
Section that a person is in possession of a valid registry identification card
2/4/2014
Ordinance No. 5, Series of 2014 2
authorizing the medicinal use of marijuana issued by the state healthy agency, so
long as consumption or use does not occur in a public place.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 4. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision amended. The amendment of
any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of February, 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.
_____________________________
Andy P. Daly, Mayor
ATTEST:
____________________________
Tammy Nagel, Acting Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this
___ day of ______________, 2014.
_____________________________
Andy P. Daly, Mayor
ATTEST:
____________________________
Tammy Nagel, Acting Town Clerk
2/4/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 4, 2014
ITEM/TOPIC: Wall Street Building Appeal of DRB Decision. An appeal, pursuant to Section
12-3-3, Appeals, Vail Town Code, of the final decision of the Town of Vail Design Review
Board on December 18, 2013, approving, with conditions, a commercial addition and exterior
alterations to the façade to the Wall Street Building, located at 225 Wall Street/Lots B&C,
Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. (DRB130552)
PRESENTER(S): Warren Campbell
ACTION REQUESTED OF COUNCIL: The Vail Town Council is asked to continue this
appeal to the February 18, 2014, public hearing.
2/4/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 4, 2014
ITEM/TOPIC: Adjournment (8:35 p.m.)
2/4/2014