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HomeMy WebLinkAbout2014-03-18 Agenda and Support Documentation Town Council Evening SessionVAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., MARCH 18, 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: Citizen Participation (15 min.) 2. ITEM/TOPIC: Consent Agenda: 1) South Frontage Road Water Quality Improvements Contract Award - Chad Salli 2) Resolution No. 6, Series of 2014 - Colorado Information Sharing Consortium IGA - Dwight Henninger 3) Resolution No. 7, Series of 2014 - Clarification of Determination of Use - George Ruther 4) Resolution No. 8, Series of 2014 - ECO Transit IGA - Greg Hall (15 min. ) 3. ITEM/TOPIC: Town Manager's Report (5 min. ) 4. ITEM/TOPIC: Appoint appoint 6 members to the Arts in Public Places (AIPP); 3 members to the Building and Fire Codes Appeal Board (B&FCAB); 3 members to the Design and Review Board (DRB); and 4 members to the Planning and Environmental Commission (PEC). (10 min. ) ACTION REQUESTED OF COUNCIL: The Council interviewed all interested parties at the work session and Council should appoint 6 members to the AIPP; 3 members to the B&FCAB; 3 members to the DRB; and 4 members to the PEC. BACKGROUND: The Town received four letters of interest for the open position on the AIPP, B&FCAB, DRB and PEC as follows: AIPP: Cookie Flaum; Julie Hansen; Kathy Langenwalter; William Pierce; Dan Telleen; Kara Woods; Amanda Zinn B&FCAB: Roland Kjesbo; Steven Loftus; Webb Martin; Kyle Webb DRB: Andrew Forstl ;Roland Kjesbo; Elizabeth Maio PEC: Susan Bird; Doug Cahill; Dick Cleveland; James Gregg; Webb Martin; Henry Pratt*; John Rediker; 5. ITEM/TOPIC: Second Reading of Ordinance No. 6, Series 2014, an ordinance enacting Title 5, Chapter 12, Vail Town Code, “Recycling Requirements”, establishing regulations regarding recycling of discarded materials by 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. (30 min. ) 3/18/2014 PRESENTER(S): Kristen Bertuglia ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 6, Series 2014 upon second reading. BACKGROUND: On March 4, 2014, the Vail Town Council tabled Ordinance No. 6, Series 2014 and recommended modifications to accommodate hardship, wildlife resistant containers, and language clarity on property manager registration exemption and distinguishable containers. Modifications have been made (in red) to Ordinance No. 6 (Attachment A). STAFF RECOMMENDATION: Staff recommends the Vail Town Council approve Ordinance No. 6, 2014 with the modification to require recyclables be placed at the curb in wildlife resistant containers. 6. ITEM/TOPIC: First reading of Ordinance No. 8, Series of 2014, an ordinance for prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-2-2: Definitions of Words and Terms pertaining to Commercial Ski Storage and the delineation of different floors or levels within a structure, and to amend Sections 12-7B, 12- 7H, 12-7I and 12-8E replacing the term “Commercial Ski Storage” with “Commercial Ski Storage/Ski Club, and setting forth details in regard thereto. (15 min. ) PRESENTER(S): Jonathan Spence ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 8, Series of 2014, upon first reading. BACKGROUND: At the Town Council Public Hearing on February 18, 2014 staff provided an update on this item with information from the February 10 th Planning and Environmental Commission meeting. After careful deliberation and after taking public comment, the Town Council determined that the existing regulatory mechanism, discounting the determination of similar use that occurred in 2006 related to the 3 rd floor of the Vista Bahn Building, is sound and appropriate pertaining to allowable locations for ski storage/ski club type uses. The Council directed staff to perform the necessary analysis and code work to make certain, with no ambiguity or room for misunderstanding, that ski storage/ski club uses, in all their variations, are appropriately located only in the basement or garden level of a structure in the Commercial Core 1 (CC-1), Lionshead Mixed Use 1 (LMU-1), Lionshead Mixed Use 2 (LMU-2) and Ski Base/Recreation 2 (SBR-2). STAFF RECOMMENDATION: The Planning and Environmental Commission at their February 24, 2014 meeting unanimously recommended approval of the proposed code amendments. 7. ITEM/TOPIC: First reading of Ordinance No. 9, Series of 2014, an ordinance rezoning certain properties from the High Density Multiple-Family District to the Vail Village Townhouse District, located at 303 Gore Creek Drive (Vail Rowhouses 7-13) and 483 Gore Creek Drive (Texas Townhomes)/ Lots 7-13, A Resubdivision of Block 5 and a part of Gore Creek Drive, Vail Village Filing 1, and Lots 1 – 9 Vail Village Filing 4, and setting forth details in regard thereto. (PEC140002 ) (20 min.) PRESENTER(S): Jonathan Spence 3/18/2014 ACTION REQUESTED OF COUNCIL: The Town Council review the Planning and Environmental Commission recommendation and approve, approve with modifications or deny the first reading of the rezoning ordinance. BACKGROUND: On August 21, 2012 the Vail Town Council adopted Ordinance No. 2 Series of 2012 establishing the Vail Village Townhouse Zone District. The Vail Village Townhouse (VVT) District was adopted following numerous public hearings before the Planning and Environmental Commission and the Town Council first, as a private property owner initiated application and later, as a Community Development staff led effort. On December 17, 2013 the Vail Town Council instructed staff to submit a rezoning application for the properties known as The Vail Rowhouses (7-13) and the Texas Townhomes, omitting from the application the Vail Rowhouses (1-6), Vail Trails Chalet and Vail Trails East. On February 10, 2014, the Planning and Environmental Commission unanimously forwarded a recommendation of approval to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning from the High Density Multiple-Family District to the Vail Village Townhouse District. STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Vail Town Council approve on first reading Ordinance No. 9, Series of 2014, an ordinance rezoning certain properties from the High Density Multiple-Family District to the Vail Village Townhouse District, located at 303 Gore Creek Drive (Vail Rowhouses 7-13) and 483 Gore Creek Drive (Texas Townhomes)/ Lots 7-13, A Resubdivision of Block 5 and a part of Gore Creek Drive, Vail Village Filing 1, and Lots 1 – 9 Vail Village Filing 4, and setting forth details in regard thereto.” 8. ITEM/TOPIC: Lionshead Parking Structure Entry Improvements (15 min) PRESENTER(S): Tom Kassmel ACTION REQUESTED OF COUNCIL: Award Construction Contract BACKGROUND: The purpose of Lionshead Parking Structure Entry Improvement project is to improve the operational efficiency, safety, guest experience and aesthetics of the Lionshead Parking Structure Entry. STAFF RECOMMENDATION: Staff recommends directing the Town Manager to enter into a contract with MW Golden Constructors in the amount of $1,819,973 9. ITEM/TOPIC: Review of the proposed Timber Ridge Development Agreement (20 min) PRESENTER(S): George Ruther, Director of Community Development ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny the proposed Timber Ridge Development Agreement BACKGROUND: The Town of Vail ("Town") and Gorman & Company, Inc. ("Developer") are in the final stages of implementing a redevelopment plan for the easternmost 5.24 acres of property at the Timber Ridge Village Apartrments. To date, the Town and Developer have agreed upon both a Ground Lease and Deed Restriction intended to facilitate the redevelopment 3/18/2014 project. The approval of the Timber Ridge Development Agreement is one of only a few remaining issues to address by the Town and Developer. STAFF RECOMMENDATION: Town staff recommends the Vail Town Council approves the Development Agreement as presented. Staff finds the proposed Agreement addresses all of the necessary issues required to facilitate the redevelopment project as approved and agreed upon by the two parties. 10. ITEM/TOPIC: The purpose of this agenda item is to discuss the future of recreational marijuana in the Town of Vail and to begin to establish policy direction on the issue for the Town. (30 min) PRESENTER(S): George Ruther Director, Community Development Department ACTION REQUESTED OF COUNCIL: Review the six policy related questions outlined in the staff memorandum and begin to provide policy direction on recreational marijuana in the Town of Vail. BACKGROUND: As it currently stands, the Vail Town Council has intentionally delayed policy discussions relating to the regulation of recreational marijuana in the Town of Vail. Most recently, the Town Council extended a temporary moratorium whereby allowing the community more time to discuss the issues. In the end, it is the goal of this process to establish a policy on recreational marijuana and implement a series of regulations which implement the Town’s policy. In order to determine the Town’s policy, staff is proposing to present relevant background information on the topic and present a series of questions to be answered by the Town Council. To aid in the gathering of relevant background information and to ensure comprehensive community engagement, staff is recommending the creation of a Recreational Marijuana Working Group. 11. ITEM/TOPIC: Adjournment (8:55 p.m.) 3/18/2014 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: March 18, 2014 ITEM/TOPIC: Citizen Participation 3/18/2014 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: March 18, 2014 ITEM/TOPIC: Consent Agenda: 1) South Frontage Road Water Quality Improvements Contract Award - Chad Salli 2) Resolution No. 6, Series of 2014 - Colorado Information Sharing Consortium IGA - Dwight Henninger 3) Resolution No. 7, Series of 2014 - Clarification of Determination of Use - George Ruther 4) Resolution No. 8, Series of 2014 - ECO Transit IGA - Greg Hall ATTACHMENTS: Water Quality Memorandum Resolution No. 6 Series of 2014 Resolution No. 7 Series of 2014 Resolution No. 8, Series of 2014 3/18/2014 Memorandum To: Vail Town Council From: Public Works ITEM/TOPIC: S Frontage Rd Water Quality Improvements ACTION REQUESTED OF COUNCIL: Authorize the Town Manager to enter into an agreement with Western Pipeway.to complete the S Frontage Rd Water Quality Improvements Project. BACKGROUND: Bids were received on March 6, 2014 from 6 construction firms, Western Pipeway the low bidder. Staff recommends contracting with Western Pipeway for their construction services for the bid amount. This project is fully budgeted. Staff is requesting the Town Council to authorize the Town Manager to enter into an agreement with to complete the S Frontage Rd Water Quality Improvements Project in the amount not to exceed $250,491.80. The project includes installation of 4 water quality vaults on existing storm drain outfalls along the S Frontage Rd between the West Vail Interchange and Matterhorn Circle. The Colorado Department of Transportation is contributing approximately $100,000 towards the project. The project is scheduled to be completed no later than June 27, 2014. STAFF RECOMMENDATION: Authorize the Town Manager to enter into an agreement with Western Pipeway to complete the S Frontage Rd Water Quality Improvements Project in the amount not to exceed $250,491.80. 3/18/2014 Resolution No. 6, 2014 RESOLUTION NO. 6 Series of 2014 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND MULITPLE COLORADO GOVERNMENT AGRENCIES FOR COLORADO INFORMATION SHARING CONSORTIUM; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the “Charter”); WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly elected and qualified; WHEREAS, the Town and multiple Colorado government agencies (the “Parties”) have jointly developed the statewide Colorado Information Sharing Consortium (the “CISC”) with the purpose and intent of sharing law enforcement information through a software product known as COPLINK; WHEREAS, the Town and the Parties have determined that it is in the public’s best interest to formalize the CISC into a legal entity in order to permit the CISC to enter into contracts and utilize economics of scale for the purchase of future services, products, and maintenance and to enter into information sharing agreements with jurisdictions outside the State of Colorado; WHEREAS, The Council’s approval of Resolution No. 6, Series of 2014, is required to enter into an IGA NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves and authorizes the Town Manager to enter into the IGA with the Parties formalize the CISC on behalf of the Town in substantially the same form attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 18th day of March, 2014. _________________________ Andrew P. Daly Town Mayor ATTEST: _____________________________ Tammy Nagel, Acting Town Clerk 3/18/2014 INTERGOVERNMENTAL AGREEMENT OF THE COLORADO INFORMATION SHARING CONSORTIUM 3/18/2014 TABLE OF CONTENTS RECITALS DEFINITIONS Q..L Definitions ........................................................................................................ 2 CREATION OF THE COLORADO INFORMATION SHARING CONSORTIUM 02. Creation ofthe CISC ......................................................................................... 2 03. Principal Place of Business ............................................................................... 2 04. CISC Purpose ................................................................................................... 3 DATA SHARING AGREEMENT 05. Data Sharing ..................................................................................................... 3 06. . .......................................................................................................... 3 07. Personnel Authorized to Access Data ................................................................ 3 08. Data Security .................................................................................................... 3 09. Data Custody and Control ................................................................................. 3 10. Data Accuracy .................................................................................................. 3 l.L Intelligence Information .................................................................................... 3 POWERS OF THE COLORADO INFORMATION SHARING CONSORTIUM 1b Powers ofthe CISC ........................................................................................... 4 BOARD OF DIRECTORS 1.:L Restrictions on Powers ofthe CISC ................................................................... 4 ~ Board of Directors ............................................................................................. 5 l2.c Number of Directors, Term, and Term Limits ................................................... 5 ~ Eligibility, Appointment, Removal, and Vacancies ............................................ 5 Compensation ................................................................................................... 5 1.8.:. Action of the Board at a Meeting ....................................................................... 5 19. Committees ....................................................................................................... 6 20. Alternates and Absentee Voting ........................................................................ 6 £L Representative's Right to Attend Meetings ........................................................ 6 MANAGEMENT OF THE CISC CISC Manager .................................................................................................. 6 23. Additional Assistance from Assigned Employees ......m ..................................... 7 FINANCIAL 24. Deposits and Expenditures ................................................................................ 8 25. Fiscal Agent ...................................................................................................... 8 26. Fiscal Year ........................................................................................................ 8 27. No Multiple Year Fiscal Obligations ................................................................. 8 RIGHTS OF PARTIES 28. No Duty to Pay Membership. Annual. or Other Fees ......................................... 8 29. Voluntary Assumption of Debts ....................................................................m. 8 30. Financial Responsibility .................................................................................... 8 Intergovernmental Agreement ofthe Colorado Information Sharing Consortium ii 3/18/2014 JL Examination of Records .................................................................................... 8 32. Addition of New Parties .................................................................................... 9 33. Right to Terminate Participation ........................................................................ 9 GENERAL PROVISIONS 34. Amendments ..................................................................................................... 9 35. Construction and Interpretation ......................................................................... 9 36. Duplicate Counterparts ...................................................................................... 9 37. Entire Agreement ............................................................................................ 10 38. Governing Law ............................................................................................... 10 39. Indemnification ............................................................................................... 10 40. Mediation ........................................................................................................ 10 :li.:. No Third-Party Beneficiaries ........................................................................... 10 42. Severability ..................................................................................................... 10 43. Term ............................................................................................................... 10 44. Termination .................................................................................................... 10 Intergovernmental Agreement ofthe Colorado Information Sharing Consortium iii 3/18/2014 INTERGOVERNMENTAL AGREEMENT OF THE COLORADO INFORMATION SHARING CONSORTIUM THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is effective as of the [ ] day of [ ], 2014 (the "Effective Date," as further defmed below) by and between the Adams County Sheriffs Office, the Arapahoe County Sheriffs Office, the City of Aurora, the Colorado Department of Public Safety of the State of Colorado, the City of Colorado Springs, the City of Commerce City, the City and County of Denver, the Douglas County SherifI's Office, the City of Grand Junction, the Board of County Commissioners of the County of Jefferson, the Board of County Commissioners of the County of Mesa, and all other entities or agencies that sign this Agreement consistent with the requirements herein (individually a "Party" and collectively the "Parties"). RECITALS WHEREAS, the Parties are each authorized to lawfully provide, establish, maintain, and operate law enforcement services; WHEREAS, Part 2 of Article 1, Title 29 of the Colorado Revised Statutes (the "c.R.S.") encourages and authorizes intergovernmental agreements for the joint and cooperative provision of public services; WHEREAS, C.R.S. § 29-1-203 authorizes governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each and to establish a separate legal entity to do so; WHEREAS, 21 U.S.c. § 873 and regulations promulgated thereunder authorize certain agencies within the Federal government to cooperate with local, state, tribal, and Federal agencies for the purpose of exchanging certain information; WHEREAS, the Parties, along with other Colorado law enforcement entities, have previously entered into a nonbinding and voluntary memorandum of understanding (the "MOU") to jointly develop the statewide Colorado Information Sharing Consortium (the "CISC") with the purpose and intent of sharing law enforcement information, primarily through a software product known as COPLINK; WHEREAS, the Parties, along with the other signatories of the MOU, have determined that it is in the public's best interest to formalize the CISC into a legal entity in order to permit the CISC to enter into contracts and utilize economies of scale for the purchase of future services, products, and maintenance and to enter into information sharing agreements with jurisdictions outside the State of Colorado; WHEREAS, the Parties and other signatories of the MOU have agreed to organize and operate a separate legal entity pursuant to c.R.S. § 29-1-203(4), which shall be known as the Colorado Information Sharing Consortium; and Intergovernmental Agreement ofthe Colorado Information Sharing Consortium Page 1 of 16 3/18/2014 WHEREAS, the Parties intend for other entities or agencies to join as Parties to this Agreement by signing a separate signature page to this Agreement consistent with the requirements herein. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties hereby agree as follows: DEFINITIONS 1. Definitions. In addition to the above defined terms, the following terms shall have the meaning ascribed to them. a. "Assigned Employee" shall mean a Party's employee assigned to work full-or part-time on behalf of the CISe. b. "Board" shall mean the Board of Directors of the CISC. c. "Data" shall mean facts, detailed information, police report narratives, supplemental report narratives, other text-related information as determined and released by each Party's internal information sharing policy, and other materials provided by a Party to the CISC. "Data" shall not mean Intelligence Information (defmed below). d. "Director" shall mean a director on the Board of the CISe. e. "Effective Date" shall be the date written in the preamble, which shall be the date on which the sixth Party signed this Agreement. f. "Intelligence Information" shall mean evaluated data relevant to the identification of criminal activity engaged in by an individual or organization reasonably suspected of involvement in criminal activity that meets criminal intelligence system submission criteria as set forth in Part 23 of Title 28 of the Code of Federal Regulations. Intelligence Information is a criminal justice record pursuant to e.R.S. § 24-72-302(4). g. "Manager" shall mean a person who is assigned to manage the day-to-day operations of the CISC. h. "Representative" shall mean the chief law enforcement officer of each Party or the person designated by the chief law enforcement officer of each Party. CREATION OF THE COLORADO INFORMATION SHARING CONSORTIUM 2. Creation of the CISC. Pursuant to C.R.S. § 29-1-203(4), the Parties hereby create a separate legal entity known as the Colorado Information Sharing Consortium, or CISC, which shall have the powers, authorities, duties, privileges, immunities, rights, and responsibilities as set forth herein. 3. Principal Place of Business. The principal place of business of the CISC shall be 15001 East Alameda Parkway, Aurora, CO 80012, unless and until otherwise established from time to time by the Board. Intergovernmental Agreement ofthe Colorado Information Sharing Consortium Page 2 of 16 3/18/2014 4. CISC Purpose. The purpose of the CISC is to facilitate the sharing of Data and Intelligence Information between the Parties and non-Party governmental entities and agencies authorized by the Board. DATA SHARING AGREEMENT S. Data Sharing. Each Party shall share Data with the Parties and with non-Party governmental entities or agencies authorized by the Board. 6. Data Use. Shared Data shall only be used for law enforcement purposes consistent with the welfare and protection ofthe general public. 7. Personnel Authorized to Access Data. Only the Parties' employees and employees of non-Party governmental entities or agencies authorized by the Board shall be allowed to access the Data. All persons with access to the Data must fIrst pass an adequate background screen. The Board shall determine what constitutes an adequate background screen for the purpose of access to Data. 8. Data Security. The Parties and any non-Party governmental entities or agencies authorized by the Board shall maintain, enforce, and follow security requirements for the Data as specifIed by the Board, including requirements on network confIguration and network access. 9. Data Custody and Control. Each Party shall retain custody and control and shall remain the official custodian of any Data shared by that Party. The CISC shall not have custody and control and shall not be the official custodian of any Data. The CISC shall not release any Data pursuant to a request under Part 2 or Part 3 of Article 72, Title 24, C.R.S. or pursuant to a subpoena unless specifIcally ordered to do so by a court of competent jurisdiction. 10. Data Accuracy. The Parties understand that the Data shared by the Parties may not be accurate. The Board may set standards and requirements for Parties to correct inaccurate Data. 11. Intelligence Information. a. No Obligation to Share. No Party shall be required to share Intelligence Information and may deny a request to share Intelligence Information for any reason. b. Standard for Sharing. When Intelligence Information is disseminated through the CISC, it shall be disseminated consistent with Part 23 of Title 28 of the Code of Federal Regulations. c. Policies and Procedures. The Board may set policies and procedures regarding Intelligence Information use, receipt, maintenance, security, and dissemination not inconsistent with Part 23 of Title 28 of the Code of Federal Regulations. d. Intelligence Information Custody and Control. All Intelligence Information shall remain the sole proprietary information of the Party contributing that Intelligence Information. Each Party shall retain custody and control and shall remain the official custodian of any Intelligence Information shared by that Party. The CISC shall not have custody and control and shall not be the official custodian of any Intelligence Information. The CISC shall not release any Intelligence Information pursuant to a Intergovernmental Agreement ofthe Colorado Information Sharing Consortium Page 3 of 16 3/18/2014 request under Part 2 or Part 3 of Article 72, Title 24, e.R.S. or pursuant to a subpoena unless specifically ordered to do so by a court of competent jurisdiction. POWERS OF THE COLORADO INFORMATION SHARING CONSORTIUM 12. Powers of the CISC. In order to enable the CISC to carry out its functions and provide the services described herein, the CISC shall have the power: 3. Acquire Property. To acquire, hold, lease (as lessor or lessee), sell, or otherwise dispose of any legal or equitable interest in real or personal property; h. Add Parties. To approve other governmental entities or agencies authorized to lawfully provide, establish, maintain, or operate law enforcement services to join the CISC on the conditions determined by the Board; c. Adopt Rules and Regulations. To adopt rules and regulations regarding the exercise of its powers and the carrying out of its purposes; d. Apply for Grants. To apply for and receive grants in its own name; e. Conduct Business. To conduct its business and affairs for the benefit ofthe Parties and their residents; f. Contract. To enter into, make, and perform contracts of every kind; g. Engage Agents. To engage, employ, or appoint agents, including but not limited to accountants, architects, attorneys, consultants, employees, engineers, and managers and to pay the direct and indirect reasonable costs of such agents for services rendered to the CISC; h. Fees and Charges. To assess, fix, maintain, and revise fees and charges for functions, services, or facilities provided by the CISC or to cover the cost of operating and managing the CISC; however, pursuant to paragraph 28, neither the CISC nor any Party shall have the power to compel a Party to pay any fees, rates, or charges; i. Incur Debt. To incur debts and obligations, deliver bonds or notes for monies borrowed or other obligations of the CISC, and to secure the payment of such bonds or obligations, except that no party shall be liable for any debts or obligations of the CISC; j. Legal Process. To litigate, arbitrate, or mediate in its own name; k. Receive Contributions. To receive contributions of gifts, grants, or services; and I. Terminate a Party's Participation in this Agreement. To terminate or limit a Party's participation in this Agreement. 13. Restrictions on Powers of the CISe. The CISC shall not have the power: 3. Eminent Domain. To take property by eminent domain; Intergovernmental Agreement ofthe Colorado Information Sharing Consortium Page 4 of16 3/18/2014 h. Obligate Payment. To obligate a Party to pay any money to the CISC or to another Party, except that the CISC may enter into contracts with Parties for the payment of money; or c. To impose taxes. BOARD OF DIRECTORS 14. Board of Directors. The governing body of the CISC shall be the Board, in which all administrative and legislative power of the CISC is vested. The purpose of the Board is to set policy for the CISC and decide important issues of the CISe. 15. Number of Directors, Term, and Term Limits. There shall be eleven (11) Directors on the Board. Six (6) Directors shall have terms that expire on March 31 of every even numbered year. Five (5) Directors shall have terms that expire on March 31 of every odd numbered year. There shall be no limit to the number of terms an individual may serve as a Director. 16. Eligibility, Appointment, Removal and Vacancies. Each Director must be an employee of a Party. If a Director is no longer employed by a Party, the Director shall no longer be a Director. A Director may resign at any time and for any reason by giving two weeks prior written notice to the Board. A vacant Director position shall be filled by majority vote of the Representatives as soon as practicable. a. Initial Appointment. The initial Directors shall be appointed by the Representatives of the eleven named Parties listed in the preamble of this Agreement The Representatives of the fIrst six (6) named Parties that agree to and sign this Agreement shall each appoint one Director, whose terms shall expire on March 31, 2016. The Representatives of the next five (5) named Parties that agree to and sign this Agreement shall each appoint one Director, whose terms shall expire on March 31,2015. h. Subsequent Appointment. After the initial Directors' terms expire, all subsequent Directors shall be appointed by a majority vote of the Representatives. 17. Compensation. A Director shall not receive compensation for the Director's service to the CISe. The Board may provide for reimbursement to a Director, Representative, or other person for actual and reasonable expenses incurred while performing duties for the CISC. At no time shall a Director or a Representative be considered an employee of the CISe. 18. Action by the Board at a Meeting. Meetings of the Board may be held at any place that a majority of the Directors on the Board may determine. Directors may attend the meeting in person or by conference telephone or similar communications equipment, and such participation at a meeting shall constitute attendance. The following rules shall apply. a. Quorum. The attendance of at least a majority of the Directors of the Board shall constitute a quorum for the transaction of business. h. Voting. The affirmative vote of a majority of the Directors on the Board that are present at any meeting at which there is a quorum shall be an act of the Board, unless a supermajority is specified herein or by rules adopted by the Board. Intergovernmental Agreement ofthe Colorado Information Sharing Consortium Page 5 of 16 3/18/2014 c. Minutes. Minutes of each meeting and a record of each decision shall be kept by the Board. 19. Committees. The Board may designate one or more committees that shall serve at the pleasure of the Board. Any committees shall have the powers and responsibilities granted by the Board to that committee. 20. Alternates and Absentee Voting. A Director may appoint an alternate who will have the same voting rights as the Director when participating in Board meetings in the absence of the Director. Alternates must be employed by a Party. Absentee voting, where a Director votes without attending a meeting (whether in person or by other communications equipment) or without appointing an alternate, is not allowed. 21. Representative's Right to Attend Meetings. Each Representative, or an alternate, shall have the right to attend, whether in person or by conference telephone or similar communications equipment, any meeting of the Board and to voice opinions on any matter concerning the CISC. MANAGEMENT OF THE CISC 22. CISC Manager. a. Appointment. Upon request from the Board, the Representatives shall jointly nominate one or more persons to be the Manager and submit those persons' names to the Board. Based on those nominations, the Board shall select one or more persons to be the Manager. The appointment of a Manager shall be contingent upon the approval of the Representative of the Party employing the Manager. b. CISC Manager. The Manager shall manage the day-to-day operations of the CISC and undertake and execute the Board's instructions and directions. The Manager shall have the administrative authority necessary to perform the tasks and responsibilities assigned pursuant to this Agreement. The Board may grant to the Manager any additional administrative authority as the Board deems necessary. The Manager shall attend all meetings ofthe Board and follow the Board's instructions and directions. c. Eligibility and Employment. The person(s) serving as the Manager must be an employee of a Party at all times during that person's tenure as the Manager. The Manager shall not be considered an employee of the CISC. The Board may hire an employee of the CISC under terms written and negotiated by the Board to perform the duties of the Manager under the supervision and direction of the Board. d. Term. The Manager's term is expected to last for two (2) years, but the actual length (whether longer or shorter) shall be determined by agreement between the Board and the Representative of the Party employing the Manager. Whether the Manager works full-or part-time on CISC matters shall be determined by agreement between the Board and the Representative of the Party employing the Manager. The Board may remove the Manager at any time and for any reason. The Representative of the Party employing the Manager may recall the Manager at any time and for any reason by giving sixty (60) days prior written notice to the Board, unless the Representative and the Board agree to other notification requirements. Intergovernmental Agreement ofthe Colorado Information Sharing Consortium Page 6 of16 3/18/2014 e. Compensation. The Party employing the Manager shall bear the full cost of the Manager. The CISC shall not be obligated to reimburse the Party employing the Manager for the cost of the Manager. However, the Board may assess an annual fee on the Parties to reimburse the Party employing the Manager (or the CISC, if the CISC hires an employee to perform the duties ofthe Manager) for all or part ofthe costs associated with employing the Manager. As is stated in paragraph 28 of this Agreement, and consistent with that paragraph, no Party is obligated to pay any annual fees but may be denied access to the CISC or face other non-monetary penalties. 23. Additional Assistance from Assigned Employees. a. Appointment. The Board may seek an Assigned Employee from the Parties. Upon request from the Board, any Representative may volunteer one or more Assigned Employees to work full-or part-time on behalf of the CISC. The Board may accept or decline the person volunteered to become an Assigned Employee. b. Assigned Employees. Each Assigned Employee shall work under the supervision and direction of the Manager. Each Assigned Employee shall have the administrative authority necessary to undertake and execute the tasks and responsibilities assigned by the Manager and the Board. The Board may grant to any Assigned Employee any additional administrative authority as the Board deems necessary. An Assigned Employee shall attend meetings of the Board if and when the Board or the Manager requests that Assigned Employee's presence. c. Eligibility and Employment. Any person serving as an Assigned Employee must be an employee of a Party at all times during that person's tenure as an Assigned Employee. The Assigned Employee shall not be considered an employee of the CISe. The Board may hire one or more full-or part-time employees of the CISC under terms written and negotiated by the Board to work under the supervision and direction of the Manager and the Board. d. Term. The Assigned Employee's term shall be determined by agreement between the Board and the Representative of the Party employing the Assigned Employee. Whether the Assigned Employee works full-or part-time on CISC matters shall be determined by agreement between the Board and the Representative of the Party employing the Assigned Employee. The Board may remove the Assigned Employee at any time and for any reason. The Representative of the Party employing the Assigned Employee may recall the Assigned Employee at any time and for any reason by giving thirty (30) days prior written notice to the Board, unless the Representative and the Board agree to other notification requirements. e. Compensation. The Party employing an Assigned Employee shall bear the full cost of that Assigned Employee. The CISC shall not be obligated to reimburse the Party employing the Assigned Employee for the cost of the Assigned Employee. However, the Board may assess an annual fee on the Parties to reimburse the Party employing the Assigned Employee (or the CISC, if the CISC employs an employee to perform the duties of the Assigned Employee) for all or part of the costs associated with employing the Assigned Employee. As is stated in paragraph 28 of this Agreement, and consistent Intergovernmental Agreement ofthe Colorado Information Sharing Consortium Page 70f16 3/18/2014 with that paragraph, no Party is obligated to pay any annual fees but may be denied access to the else or face other non-monetary penalties. FINANCIAL 24. Deposits and Expenditures. All funds of the else shall be deposited to the credit of the else in an interest bearing account. No payments or withdrawals of such funds in an amount over five hundred dollars ($500) shall be allowed without prior approval of the Board and the written authorization of two (2) Directors. Payments or withdrawals of such funds in amounts up to and including five hundred dollars ($500) may be authorized by the Manager. 25. Fiscal Agent. The Board may request that a Party or other entity be the fiscal agent for the else. 26. Fiscal Year. The fiscal year of the else shall be January 1 through December 31 of each year. 27. No Multiple Year Fiscal Obligations. The Parties do not intend to create a multiple year fiscal obligation for any Party by virtue of this Agreement. The Parties acknowledge that any future monetary obligations of any Party are subject to sufficient appropriations by each Party and such appropriations are not guaranteed to be made. RIGHTS OF PARTIES 28. No Duty to Pay Membership, Annual, or Other Fees. No Party shall be required by this Agreement to pay any membership, annual, or other fees or charges imposed by the Board. The sole remedy for the failure of a Party to pay any fees or charges shall be, at the Board's discretion, (a) exclusion from the elSe, (b) denial of Data and Intelligence Information sharing with other Parties through the elSe, (c) loss of any or all of the privileges and rights of a Party, (d) termination of the non-paying Party's participation in this Agreement, or (e) any combination of the foregoing as determined by the Board. 29. Voluntary Assumption of Debts. A Party may voluntarily elect to be liable, in whole or in part, for any or all of the debts, liabilities, or obligations of the else at the sole discretion of that Party. 30. Financial Responsibility. The else shall not be required to pay any Party's costs associated with acquiring or maintaining any hardware or licensed software necessary for that Party to participate in the else. The Board may agree to pay for expenses incurred by a Party that, in furtherance of the elSe's purposes, (a) maintains goods for use by other Parties or (b) provides services to other Parties. 31. Examination of Records. Any authorized agent of a Party, including an authorized auditor or his or her representative, has the right to access and the right to examine any pertinent fiscal books, documents, papers, and records of the else involving fiscal transactions for three (3) years after the date of the fiscal transaction. Intergovernmental Agreement ofthe Colorado Information Sharing Consortium Page 8 of 16 3/18/2014 32. Addition of New Parties. a. Law Enforcement Requirement. All Parties, and any entity or agency that becomes a Party, must be governmental entities or agencies that are authorized to lawfully provide, establish, maintain, and operate law enforcement services. b. Signatories of the MOU. All entities and agencies that signed the MOU prior to the Effective Date are vested with approval to become Parties by signing a separate signature page to this Agreement that states that the new Party agrees to the terms and conditions of this Agreement. Upon delivery ofthe signed signature page to the Manager, satisfaction of any conditions imposed by the Board, and payment of any CISC membership fees, if applicable, such entity or agency shall be a Party. c. Non-Signatories of the MOU. Any entity or agency that did not sign the MOU prior to the Effective Date may become a Party by (i) gaining approval of the Board and (ii) signing a separate signature page to this Agreement that states that the new Party agrees to the terms and conditions of this Agreement. Upon delivery of the signed signature page to the Manager, satisfaction of any conditions imposed by the Board, and payment of any CISC membership fees, if applicable, such entity or agency shall be a Party. d. CISC Membership Fee. Any entity or agency that signed the MOU prior to the Effective Date and paid a CISC membership fee at that time shall not be required to pay an additional membership fee in order to join the CISC. Any entity or agency that (i) signed the MOU prior to the Effective Date but did not pay a CISC membership fee at the time or (ii) did not sign the MOU prior to the Effective Date may be required to pay a CISC membership fee in an amount determined by the Board as a condition of becoming a Party. 33. Right to Tenninate Participation. A Party may terminate its participation in this Agreement by giving written notice to the Board at least sixty (60) days prior to the date of tennination, unless the Board and a specific Party have agreed on a different notice period. GENERAL PROVISIONS 34. Amendments. This Agreement shall not be amended unless seventy-five percent (75%) of the Representatives approve such amendment in writing. The sole remedy for any Party that disagrees with any amendments is to terminate its participation in this Agreement. 35. Construction and Interpretation. The table of contents and the section and other headings and subheadings contained in this Agreement are solely for the purpose of reference, are not part of the agreement of the Parties, and shall not in any way affect the meaning or interpretation of this Agreement. 36. Duplicate Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be considered an original. The signature of any Party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart. Intergovernmental Agreement ofthe Colorado Information Sharing Consortium Page 9 of 16 3/18/2014 37. Entire Agreement. This Agreement embodies the entire understanding and agreement among the Parties concerning the CISC and supersedes any and all prior negotiations, understandings, or agreements, including the MOD. 3S. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Colorado to the extent not inconsistent with Federal law. 39. Indemnification. Without waiving the protections, limitations, and requirements of the Colorado Governmental Immunity Act in Article 10, Title 24, C.R.S., each Director, Representative, Manager, Assigned Employee, officer, agent, and volunteer shall be provided with a legal defense and indemnification as provided by that person's employer to the extent not inconsistent with Federal law. 40. Mediation. In the event of a dispute between the Parties regarding the interpretation of this Agreement or regarding any issue arising under this Agreement, the Parties hereby agree to the following mediation procedure. First, the disagreeing Parties will submit the issue to the Representatives, who will mediate the disagreement and try to devise an acceptable solution. If that process fails, the disagreeing Parties will submit the issue to the highest elected officials of each Party (e.g., the Mayor ofa city or the County Commissioners ofa county) who will mediate the disagreement and try to devise an acceptable solution. The highest elected official of each Party may approve a designee to mediate on behalf of that Party. The Parties agree to mediate in good faith. If any disagreeing Party requests a mediator, the disagreeing Parties shall jointly select a mediator and share the cost of the mediator equally. Decisions by the Board are not subject to mediation. This paragraph shall apply to the extent not inconsistent with Federal law. 41. No Third-Party Beneficiaries. Nothing in this Agreement shall be deemed to create any third-party benefits or beneficiaries or create a right or cause of action for the enforcement of this Agreement's terms in any entity or person not a Party to this Agreement including any agents, employees, officers, or volunteers of any Party or any entity with whom the CISC contracts. 42. Severability. In the event that any of the terms, covenants, or conditions of this Agreement or their application shall be held invalid as to any Party, entity, or person by a court of competent jurisdiction, (a) the remainder of this Agreement shall not be affected thereby, (b) such determination shall not affect or impair the validity or enforceability of any other provision, and (c) the remaining provisions shall be interpreted and applied so far as possible to reflect the original intent and purpose of this Agreement. 43. Term. The term of this Agreement shall be unlimited and shall extend until terminated as provided herein. 44. Termination. This Agreement may be terminated upon agreement in writing of seventy­ five percent (75%) of the Representatives. Upon termination of the CISC, any monetary funds held by the CISC shall be distributed, after paying the debts and obligations of the CISC, to the Parties proportionate with the number of sworn law enforcement officers employed by each Party. Additionally, upon termination of the CISC, any non-monetary assets shall become the property of the Party in possession of those assets. [SIGNATURE PAGES TO FOLLOW) Intergovernmental Agreement ofthe Colorado Information Sharing Consortium Page 100f16 3/18/2014 ----------------------------- ----------------------------- ----------------------------- ----------------------------- IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the Effective Date. The Adams County Sheriff's Office By: Name: Doug Darr Title: Adams County Sheriff Date: Attest: Name: The Arapahoe County Sheriff's Office By: Name: David C. Walcher Title: Arapahoe County Sheriff Date: Attest: Name: Intergovernmental Agreement ofthe Colorado Information Sharing Consortium Page 11 of16 3/18/2014 ------------------------------ -------------------------- ------------------------------ ------------------------------ The City of Aurora By: Name: Title: Date: Attest: Name: -............. The Colorado Department of Public Safety By: Name: Title: Date: Attest: Name: Intergovernmental Agreement ofthe Colorado Information Sharing Consortium Page 12 of16 3/18/2014 ------------------------------ ------------------------------ ------------------------------ The City of Colorado Springs By: Name: Title: Date: Attest: Name: The City of Commerce City By: Name: Title: Date: Attest: _________________ Name: Intergovernmental Agreement ofthe Colorado Information Sharing Consortium Page 13 of16 3/18/2014 ---------------------------- --------------------------- The City and County of Denver By: Name: Title: Date: Attest: ______________ Name: The Douglas County Sheriff's Office By: Name: David Weaver Title: Douglas County Sheriff Date: Attest: _______~.... ______ Name: Intergovernmental Agreement ofthe Colorado Information Sharing Consortium Page 14 of 16 3/18/2014 ------------------------------ ------------------------------ ------------------------------ ------------------------------ The City of Grand Junction By: Name: Title: Date: Attest: Name: The Board of County Commissioners of the County of Jefferson By: Name: Title: Date: Attest: Name: Intergovernmental Agreement ofthe Colorado Information Sharing Consortium Page 15 of 16 3/18/2014 ------------------------------- ------------------------------- The Board of County Commissioners of the County of Mesa By: Name: Title: Date: Attest: Name: Intergovernmental Agreement ofthe Colorado Information Sharing Consortium Page 16 of 16 3/18/2014 SEPARATE SIGNATURE PAGE TO THE INTERGOVERNMENTAL AGREEMENT OF THE COLORADO INFORMATION SHARING CONSORTIUM By signing this separate signature page to the Intergovernmental Agreement of the Colorado Information Sharing Consortium (the "Agreement"), the undersigned agrees to be bound by the terms and conditions of the Agreement. Consistent with paragraph 32 of the Agreement, upon delivery of this signed signature page to the Manager of the CISC, satisfaction of any conditions imposed by the Board, if applicable, and payment of any CISC membership fees, if applicable, the undersigned shall be a Party to the Agreement with all the rights and responsibilities thereunder. This signature page shall be appended to the Agreement and shall become part of the Agreement as of the date listed below. Name of Entity: Town of Vail By: Name: Stan Zemler Title: Town Manager Date: Click here to enter text. Attest: Name: Click here to enter text. Intergovernmental Agreement ofthe Colorado Information Sharing Consortium Separate Signature Page 3/18/2014 TO: Vail Town Council FROM: Community Development Department DATE: March 18, 2014 SUBJECT: Resolution No. 7, Series of 2014, a resolution to nullify a previous determination of similar use pertaining to the operation of a ski club with ski storage on the third floor of the Vista Bahn Building, located at 333 Hanson Ranch Road/Lot C, Block 2, Vail Village Filing 1; and setting forth details in regard thereto. Applicant: Town of Vail Planner: Jonathan Spence I. SUMMARY Resolution No. 7, Series of 2014, if approved, will nullify the pervious determination of similar use made by the Town Council on November 7, 2006. This resolution works in concert with the code amendments proposed with Ordinance No. 8, Series of 2014 to clarify the appropriate and allowable locations for Commercial Ski Storage/Ski Clubs. II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Resolution No. 7, Series of 2014. III. BACKGROUND At the Town Council Public Hearing on February 18, 2014, staff provided an update on Ski Storage/Ski Clubs with information from the February 10th Planning and Environmental Commission meeting. After careful deliberation and after taking public comment, the Town Council determined that the existing regulatory mechanism, discounting the determination of similar use that occurred in 2006 related to the 3rd floor of the Vista Bahn Building, is sound and appropriate pertaining to allowable locations for ski storage/ski club type uses. The Council directed staff to perform the necessary analysis and code work to make certain, with no ambiguity or room for misunderstanding, that ski storage/ski club uses, in all their variations, are appropriately located only in the basement or garden level of a structure in the Commercial Core 1 (CC-1), Lionshead Mixed Use 1 (LMU-1), Lionshead Mixed Use 2 (LMU-2) and Ski Base/Recreation 2 (SBR-2). 3/18/2014 Town of Vail Page 2 Along with the code revisions proposed with Ordinance No. 8, Series of 2014, this resolution provides the closure necessary to move forward with a consistent and fair regulatory approach to Commercial Ski Storage/Ski Clubs. IV. STAFF RECOMMENDATION Should the Vail Town Council choose to approve Resolution No. 7, Series of 2014, the Community Development Department recommends the Council pass the following motion: “The Vail Town Council approves Resolution No. 7, Series of 2014, a resolution to nullify a previous determination of similar use pertaining to the operation of a ski club with ski storage on the third floor of the Vista Bahn Building, located at 333 Hanson Ranch Road/Lot C, Block 2, Vail Village Filing 1; and setting forth details in regard thereto.” V. ATTACHMENTS A. Resolution No. 7, Series of 2014. 3/18/2014 RESOLUTION NO. 7 SERIES OF 2014 A RESOLUTION TO NULLIFY A PREVIOUS DETERMINATION OF SIMILAR USE WHEREAS, the Town Council of the Town of Vail is the determinant of similar uses per Section 12-3-4, Determination of Similar Uses, Vail Town Code; WHEREAS, on November 7, 2006, the Town Council, upon receipt of a report from the administrator, acted upon a request for the determination of a similar use; WHEREAS, this request concerned the operation of a ski club with ski storage on the third floor of the Vista Bahn Building, located at 333 Hanson Ranch Road/Lot C, Block 2, Vail Village Filing 1; WHEREAS, the Town Council reviewed all available information and testimony; WHEREAS, the Town Council, after careful deliberations, made a determination based on the best available information that the use proposed was most similar to a “cocktail lounge and bar,” as contemplated by the Vail Town Code; WHEREAS, the Town Council has benefited from additional information concerning this and other uses pertaining to ski clubs and ski storage; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Town Council hereby finds that the determination of November 7, 2006, although based on the best available information available, was incorrect. Section 2. The Town Council hereby nullifies the determination that the use, as proposed, for the third floor of the Vista Bahn Building, located at 333 Hanson Ranch Road/Lot C, Block 2, Vail Village Filing 1, is not similar to a “cocktail lounge and bar.” Section 3. Any nonconformity resulting from this action shall be governed by Section 12-18-4: Uses. INTRODUCED, PASSED AND ADOPTED this 18st day of March, 2014. _______________________________ Andy P. Daly, Mayor ATTEST: _____________________________ Tammy Nagel, Acting Town Clerk 3/18/2014 Resolution No. 8, 2014 RESOLUTION NO. 8 Series of 2014 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE COUNTY OF EAGLE FOR LEASE OF THE ECO TRANSIT WELCOME CENTER SPACE AT THE VAIL TRANSPORTATION CENTER; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the “Charter”); WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly elected and qualified; WHEREAS, the Town and the County of Eagle (the “County”) wish to enter into an Intergovernmental Agreement (the “IGA”) authorizing the County to lease certain space within the Vail Transportation Center for bus-ticket sales and provision of information services concerning local and regional transportation; WHEREAS, the Council considers it in the interest of the public health, safety and welfare to provide animal control services; and WHEREAS, The Council’s approval of Resolution No. 8, Series of 2014, is required to enter into an IGA NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves and authorizes the Town Manager to enter into the IGA with the County for lease of the Eco Transit Welcome Center Space at the Vail Transportation Center in substantially the same form attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 18th day of March, 2014. _________________________ Andrew P. Daly Town Mayor ATTEST: _____________________________ Tammy Nagel, Acting Town Clerk 3/18/2014 Page 1 of 6 INTERGOVERNMENTAL AGREEMENT FOR LEASE OF THE ECO TRANSIT WELCOME CENTER SPACE AT THE VAIL TRANSPORTATION CENTER THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is entered into the _____ day of __________, 2014, between the Board of County Commissioners of Eagle County, a body corporate and politic (“County”), and the Town of Vail, a Colorado municipal corporation, hereinafter referred to as the “Town” (individually at “Party” and collectively, the “Parties”). RECITALS WHEREAS, the Town owns, operates and maintains the Vail Transportation Center located at 241 South Frontage Road East, Vail, Colorado 81657 (the “VTC”); and WHEREAS, the County wishes to lease certain space within the VTC for bus-ticket sales and the provision of information services concerning local and regional transportation, as well as information regarding the Town of Vail, Vail Resorts, Greyhound, and local hotels and businesses; and WHEREAS, the Town is willing to lease said space to the County upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Town and the County, the Parties do hereby agree as follows: 1. Term. The initial term (“Initial Term”) of this IGA shall commence upon execution of this Agreement by both parties and shall end on December 31, 2014, unless earlier terminated as hereinafter provided. 2. Renewal Term. After expiration of the Initial Term, this IGA shall automatically renew on the same terms and conditions for up to five (5) additional one-year terms (each one year period will individually be referred to as a “Renewal Term”). Each Renewal Term will commence on January 1 and end on December 31 of the succeeding calendar year. 3. Premises. The Town hereby grants to the County the right to lease and occupy the following space at the VTC: Space No. 400 consisting of an approximately 197 square foot area located on level 4 of the VTC, more particularly described in Exhibit A, attached hereto and incorporated herein by this reference. (the “Premises”). The Town will allow the County to place a Ticket Vending Machine outside of space No. 400 with access to power provided by the Town. Area of the needed space will be at least 3 feet wide by 2 feet deep. 4. Lease Payment Amount. As consideration for lease of the Premises under this Agreement, the County shall pay to Vail for each term as follows: 3/18/2014 Page 2 of 6 • County will compensate the Town of Vail for use of the Premises in the form of bus tickets valued in an amount not to exceed $50,000 per year. The bus tickets will be for the use of Town of Vail employees. 5. Budgeting and Appropriation. The County’s obligations under this Agreement are subject to the County’s annual right to budget and appropriate the sums necessary to lease the Premises. No provision of this Agreement shall be construed or interpreted as creating a multiple fiscal year direct or indirect debt or other financial obligation of the County within the meaning of any constitutional or statutory debt limitation. Notwithstanding anything to the contrary contained in this IGA, the County shall have no obligations under this IGA with respect to any period after the end of the fiscal year in which funds have been appropriated therefore by the County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). If applicable funds are not appropriated for a forthcoming Term, the County may terminate this Agreement without penalty, effective upon the commencement of the period for which funds have not been appropriated. the County will use its best effort to notify the Town of such non-appropriation of funds and resulting termination at the earliest possible date. 6. Payment. Payment will be made as follows: • On a monthly basis, County will report and reconcile bus ride activity reports for passes dedicated to the Town of Vail billing code in the ridership software. Rides by pass will be reconciled at a rate of $1.50 per ride, not to exceed $85 per employee per month. Reports will be available to the Town no later than the 15th of the month following the billing period. 7. Rights and Limitations on Use of the Premises. The following rights and limitations apply to the County’s use of the Premises: (a) The County shall have access to the Premises only during normal operating hours for the VTC. (b) The County agrees to accept the Premises in its existing condition and agrees not to make any installation on the Premises, except as may be removed without damage to the Premises. (c) The County agrees to take good care of the Premises and to leave the Premises in the same condition as when first occupied at the commencement of this Agreement, reasonable wear and tear expected. (d) The County shall be permitted to display signage necessary for its operations and as required by Greyhound Lines, Inc. The County will, at its own expense, maintain in good condition, all permitted signs and shall, on the expiration or termination of this Agreement, remove all such permitted signs and repair any damage that may be 3/18/2014 Page 3 of 6 caused by such removal. (e) The County agrees to immediately notify the Town of any defects or dangerous conditions in and about the Premises of which the County becomes aware. The County agrees to reimburse the Town for the cost of repairing any damage to the Premises caused by acts or omissions of the County. (f) The County shall not permit the Premises to be used for any purpose prohibited by law, and will use the Premises in accordance with the general rules and regulations adopted by the Town governing the operation of the Premises. (g) The County has the right to contract with a third-party independent contractor to provide bus-ticket sales and information services on its behalf. County’s independent contractor will be required to comply with the limitations on use of the Premises contained herein. (h) The Town shall provide County one daily parking pass per month for parking at the Vail Transportation Center through the course of the lease. 8. Termination. The County or the Town may terminate this IGA without cause by providing at least forty-five (45) days prior written notice to the other Party. 9. Utilities. The Town agrees that it will, at its own expense, furnish the necessary electricity, heating, lighting, trash removal, and water for the leased premises. the County shall provide janitorial and other services necessary to maintain the Premises in a clean and orderly condition, as well as special lighting lamps not normally furnished by the Town, at the County’s own cost and expense. 10. Inspection. The Town shall have the right to enter the Premises for the purpose of inspecting or protecting the Premises. 11. Liability and Indemnification. The County, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of the Town or of any officer or employee thereof. Likewise, the Town, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of the County or by any officer or employee thereof. 12. Insurance. The County must carry valid insurance for any individuals and property that are involved in use of the Premises. The Parties must each carry property damage and general liability insurance policies, each in the amount of $1,000,000 per occurrence and $1,000,000 aggregate. 13. Relationship of the Parties. The relationship between the Parties is that of cooperating independent governmental entities and nothing herein shall be deemed or construed as creating a relationship of principal and agent, partnership, joint venture, or joint ownership interest in the real property. 14. No Waiver of Governmental Immunity. Nothing in this IGA shall be construed to 3/18/2014 Page 4 of 6 waive limit, or otherwise modify any governmental immunity that may be available by law to the Town or the County, its respective officials, employees, contractors, or agents, or any other person acting on behalf of the Town or the County, and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. 15. Notice. Any notice, demand, or other communication required or permitted to be given by any provision of the Lease shall be given in writing, delivered personally or sent by certified or registered mail, postage prepaid and return receipt requested, or by overnight courier, with shipping charges prepaid, address as follows: To the Town: Town of Vail Pam Brandemeyer Assistant Town Manager 755 Frontage Road Vail, CO 81657 Ph.: (970) 479-2100 To the County: Eagle County Director of Transportation for ECO Transit 3289 Cooley Mesa Road P.O. Box 1070 Gypsum, CO 81637 Ph.: 970-328-3520 16. No Third-Party Beneficiaries. Nothing contained in this IGA is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third-party, including any agent, sub-consultant or sub-contractor of the Town, the County or Eagle County. Absolutely no third-party beneficiaries are intended by this IGA. Any third-party receiving a benefit from this IGA is an incidental and unintended beneficiary only. 17. Miscellaneous. a. Except as provided herein, no amendment, alteration, modification or addition to this Agreement shall be valid or binding unless in writing and signed by the Parties. b. The caption of each section is added as matter of convenience only and is to be considered of no effect in the construction of any provision contained herein.’ c. This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado. d. Should either party bring suit to enforce the terms of this Agreement, the Parties shall bear their own respective costs, expenses, and attorneys’ fees. 3/18/2014 Page 5 of 6 e. If any provision of this Agreement or the application thereof to any person or circumstance shall to any extent be deemed invalid or unenforceable, the remainder of the Agreement shall not be affected thereby. // Signature Page Follows // 3/18/2014 Page 6 of 6 IN WITNESS WHEREOF, the Parties hereto have executed this IGA the day and year first above written. TOWN OF VAIL TOWN OF VAIL, STATE OF COLORADO, By and Through Its MAYOR ATTEST: ____________________________________ By: ________________________________ Tammy Nagel, Town Clerk Andy Daly, Mayor Date: ______________________________ EAGLE COUNTY COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: ____________________________________ By: _____________________________ Clerk to the Board of Jillian H. Ryan, Chairman County Commissioners Date: ______________________________ 3/18/2014 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: March 18, 2014 ITEM/TOPIC: Town Manager's Report 3/18/2014 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: March 18, 2014 ITEM/TOPIC: Appoint appoint 6 members to the Arts in Public Places (AIPP); 3 members to the Building and Fire Codes Appeal Board (B&FCAB); 3 members to the Design and Review Board (DRB); and 4 members to the Planning and Environmental Commission (PEC). ACTION REQUESTED OF COUNCIL: The Council interviewed all interested parties at the work session and Council should appoint 6 members to the AIPP; 3 members to the B&FCAB; 3 members to the DRB; and 4 members to the PEC. BACKGROUND: The Town received four letters of interest for the open position on the AIPP, B&FCAB, DRB and PEC as follows: AIPP: Cookie Flaum; Julie Hansen; Kathy Langenwalter; William Pierce; Dan Telleen; Kara Woods; Amanda Zinn B&FCAB: Roland Kjesbo; Steven Loftus; Webb Martin; Kyle Webb DRB: Andrew Forstl ;Roland Kjesbo; Elizabeth Maio PEC: Susan Bird; Doug Cahill; Dick Cleveland; James Gregg; Webb Martin; Henry Pratt*; John Rediker; 3/18/2014 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: March 18, 2014 ITEM/TOPIC: Second Reading of Ordinance No. 6, Series 2014, an ordinance enacting Title 5, Chapter 12, Vail Town Code, “Recycling Requirements”, establishing regulations regarding recycling of discarded materials by 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. PRESENTER(S): Kristen Bertuglia ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 6, Series 2014 upon second reading. BACKGROUND: On March 4, 2014, the Vail Town Council tabled Ordinance No. 6, Series 2014 and recommended modifications to accommodate hardship, wildlife resistant containers, and language clarity on property manager registration exemption and distinguishable containers. Modifications have been made (in red) to Ordinance No. 6 (Attachment A). STAFF RECOMMENDATION: Staff recommends the Vail Town Council approve Ordinance No. 6, 2014 with the modification to require recyclables be placed at the curb in wildlife resistant containers. ATTACHMENTS: Ordinance No. 6 Series 2014 Memo Ordinance No. 6 Series 2014 Community Wide Recycling Presentation 3/18/2014 TO: Vail Town Council FROM: Community Development Department DATE: March 18, 2014 SUBJECT: Second Reading of Ordinance No. 6, Series 2014, an ordinance enacting Title 5, Chapter 12, Vail Town Code, “Recycling Requirements”, establishing regulations regarding recycling of discarded materials by 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. I. SUMMARY On March 4, 2014, the Vail Town Council tabled Ordinance No. 6, Series 2014 and recommended modifications to accommodate hardship, wildlife resistant containers, and language clarity on property manager registration exemption and distinguishable containers. Modifications have been made (in red) to Ordinance No. 6 (Attachment A). 1) Exemption: Extend the effective date of Ordinance No. 6 to July 1, 2014, and insert an extended hardship clause to accommodate special cases. Staff recommends an exemption be granted, as determined by the Planning and Environmental Commission according to criteria, rather than the town manager, as previously discussed. Staff recommends the word “exemption” because it better defines the outcome since this section exempts a customer from full compliance. 2) Wildlife Resistant Containers: Allow recyclables to be placed at the curb in non-wildlife resistant containers if the containers are placed at the curb only after 6 a.m. and brought indoors for storage before 7 p.m. Because recyclables can be considered “attractants”, existing wildlife regulations need to be modified to meet this request. Staff recommends that all containers be wildlife resistant for the following reasons: • Wildlife is attracted to bottles, cans, wrappers, etc. that previously contained food. • Through Save As You Recycle, customers are encouraged to convert their 96 gallon trash bin into recycling, and purchase a smaller, less expensive, wildlife resistant trash bin. 3) Clearly Distinguishable Containers and Labeling: Ensure that recycling containers are easily distinguishable from trash containers. 5-12-5 J. has been updated to include this language. 3/18/2014 Town of Vail Page 2 4) Property Manager Registration Exemption: Clarify that property managers who do not receive a fee on a regular basis for waste hauling services (rather than any fee) are not required to register as a waste hauler. 5-12-4 B. has been updated to include this language. II. ATTACHMENTS A. Ordinance No. 6, Series 2014, Community Wide Recycling Ordinance, revised 3/18/2014 Page 1 ORDINANCE NO. 6 SERIES 2014 AN ORDINANCE ENACTING TITLE 5, CHAPTER 12, VAIL TOWN CODE, “RECYCLING REQUIREMENTS”, ESTABLISHING REGULATIONS REGARDING RECYCLING OF DISCARDED MATERIALS BY SOLID WASTE GENERATORS, AND SERVICES PROVIDED BY SOLID 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, Article 5 of the Charter sets forth the procedures for amending the Vail Town Code; WHEREAS, the Town of Vail is committed to environmental protection and stewardship; 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 percent by 2019. Increased participation in recycling programs and maximizing capture rate of recyclables through existing and future programs are necessary to meet and exceed this recycling goal; 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 approximately 10 percent in the residential sector and 19 percent in the business sector, below the national average waste diversion rate of 34.5 percent; WHEREAS, The Colorado Department of Public Health and Environment estimates that each person generates approximately 1,642 pounds of waste per year and 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, as the Eagle County landfill reaches permitted capacity, it is becoming more difficult and expensive to site, permit and develop new landfill capacity; WHEREAS, through the adoption of the Environmental Sustainability Strategic Plan, the Town of Vail has also established a goal of reducing community greenhouse gas emissions by 20 percent by 2020, and diverting waste from the landfill is one of the most cost effective and efficient ways of reducing greenhouse gas emissions resulting from landfills and new resource processing; 3/18/2014 Page 2 WHEREAS, the Town of Vail is committed to providing technical assistance and support for recycling planning for community businesses, residents and guests in order to achieve adopted waste diversion goals; WHEREAS, Ordinance No. 6, Series 2014, shall be known as “The Community- Wide Recycling Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. TITLE 5, CHAPTER 12, is hereby enacted as follows: 5-12-1: PURPOSE: The purpose of this Chapter is to establish policy and infrastructure to support recycling by all residential, multi-family and commercial customers and haulers in the Town of Vail in order to reduce the town’s impact on the environment by decreasing waste deposited in the landfill, energy consumed and carbon emissions, and ensure ongoing waste diversion education in the community. 5-12-2: APPLICABILITY: All residential, multi-family and commercial customers that contract for solid waste and recycling services shall comply with the provisions of this Chapter. 5-12-23: DEFINITIONS: For the purposes of this Chapter, the following definitions shall apply: Base Unit of Refuse: The smallest increment of volume of refuse or solid waste collection which is no larger than 32 gallons of capacity. Commercial Customer: Any premises where a commercial, industrial, or institutional business or enterprise is undertaken, including, without limitation, retail shops and establishments, eating or drinking establishments, healthcare facilities, child daycare centers, public and private schools, professional and business offices, religious institutions, and public buildings and 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, hazardous waste, materials used for fertilizer and recyclable material that have been source separated for collection. Hauler: A registered person or company in the business of collecting, transporting or disposing of discarded materials for a fee, or for no fee except as described in Subsection B. of 5-12-3. Multi-Family Customer: Any residential structure(s) property that employs a communal system for solid waste and or recyclable materials collection. 3/18/2014 Page 3 Non-Attractant: Any substance which does not attract wildlife. Substances that are considered to attract wildlife include food products, pet food, feed, compost, grain or salt or materials which formerly contained such items. Office paper or cardboard that did not previously contain food are considered non-attractants. Recycling: The process of separating recyclable materials from refuse and placement for collection by a hauler for the purpose of such materials being re-used or reprocessed into new or different materials. Residential Customer: Any residential structure(s) property that does not employ a dumpster or communal service for solid waste and or recyclable materials collection. Recyclable Materials: Materials from any commercial, multi-family, or residential source to be collected separately for the purpose of such materials being repurposed or reprocessed into new or different materials. Recycling Facility: A licensed Materials Recovery Facility (MRF) (e.g. the Eagle County MRF) that accepts and sorts, packages, and otherwise prepares recyclable materials to be repurposed or reprocessed into new or different materials. Refuse: As defined in 5-9-2, Vail Town Code. Refuse shall not include recyclable material. Solid Waste: All putrescible (i.e. containing organic matter) and non-putrescible waste or refuse, excluding discarded or abandoned vehicles or parts thereof, sewage sludge, 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. 5-12-34: HAULER REGISTRATION REQUIREMENT: It shall be unlawful for any person or company to operate or conduct business as a hauler of residential, multi- family, or commercial solid waste or recyclable material without first obtaining a municipal solid waste hauler registration as set forth in this Section. A. Applicability: 5-12-3 applies to any hauler of solid waste or recyclable material operating in the Town of Vail. B. Exceptions: The following persons or entities are not required to obtain a municipal solid waste hauler registration: 1. Any person or their designee who transports to the landfill only the refuse that person generates. 3/18/2014 Page 4 2. A civic, community, 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 for the waste hauling services 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 (e.g. restaurant grease or portable toilet waste). 6. The Town of Vail municipal organization and employees thereof, who transport solid waste, recyclable materials and compostable materials generated by the municipal organization, public containers, or special events 7. Special event producers, who transport solid waste and recyclable materials for permitted events. 8. Companies that provide special event collection services (e.g. electronic waste collection, on-site paper shredding). 9. Companies contracted by registered solid waste haulers. C. Registration Process: The Town of Vail Community Development Department shall set forth the standards for the implementation of the municipal solid waste hauler registration process including the amount of the registration fees, the designation of recyclable materials, and the schedule for collecting registration fees. 1. Proof of Insurance: Upon request, registered haulers shall provide proof of general comprehensive liability / automobile insurance protecting the hauler from all claims for damage to property or for bodily injury, including death, which may arise from operations under or in connection with this registration 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. 5-12-45: MUNICIPAL SOLID WASTE HAULER REQUIREMENTS A. Bi-Annual Reporting Required: All registered haulers (the “registrant”) shall submit twice yearly reports to the Community Development Department on the weight (in tons) of solid waste and recyclable materials collected within the Vail town limits. 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 registered hauler but shall use a format approved by the Community Development Department which shall include the use of both the scale tickets and customer route sheets, and reported as an estimate. B. Submittal Required: Bi-annual reports shall be submitted on May 1 and October 1, or on the next business day, using a format approved by the Community 3/18/2014 Page 5 Development Department. All reports shall be treated as confidential commercial documents under the provisions of the Colorado Open Records Act. C. Recyclable Material Designation: Haulers may not dispose of recyclable materials set out by customers by any means other than delivering it to a MRF that sorts, packages, and otherwise prepares recyclable materials to be repurposed or reprocessed into new materials, except for materials that customers have not properly prepared for recycling and as a result are contaminated 25 percent or more with non-recyclable refuse. D. Notice: Haulers of residential, multi-family, or commercial solid waste shall give each of its customers written notice of all available service options and corresponding variable rates ranges upon commencement of service. Written notice of the full range of services including variable rate service, container sizes, and the recycling service options including the materials that must be recycled shall be provided to all new customers upon commencing service and all haulers shall provide notice at least annually to customers on the full range of services, container sizes, variable rate ranges for each level of service and recycling options including the materials that may be recycled. On or before January 31st each year the hauler shall deliver to the Community Development Department a true and correct copy of the notices sent to each customer type. E. Residential Embedded Rates: On residential customer waste bills, haulers shall combine charges for solid waste and recyclable material collection service and shall not itemize them separately. F. Residential Volume Based Rates: Haulers shall 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 containers/carts, and shall charge their customers based on this volume of service. For residential source customers, the base unit of solid waste service shall be no larger than the approximate capacity equivalent of a 32 gallon container or cart. If a customer does not select a level of service, the provider shall establish a default minimum level of service that is not larger than 2 units of service or a single 64 gallon container or cart. 1. Variable Rates: Haulers shall charge variable rates for the corresponding level of service or units of solid waste collection for residential customers. a. Haulers shall structure the increments of their variable rate at a multiple of the base unit of solid waste collection which is no larger than 32 gallons. The second largest increment of solid waste collection shall be no larger than two times the capacity of the base unit or no larger than 64 gallons, and the third largest increment of solid waste collection shall be no larger than two times the capacity of the second largest increment of solid waste collection. Such rate increments shall be equal to 80% or more of the charges for the base unit of collection (e.g., if $10.00 is applied to a 32 gallon container, a minimum of $18.00 shall be applied to a 64 gallon 3/18/2014 Page 6 container, and a minimum of $32.40 shall be applied to a 96 gallon container). b. The provisions of this subsection shall not be construed to prohibit any hauler from establishing rules and regulations regarding the safe maximum weight of containers of solid waste and recyclable material containers. c. 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 or extra volumes of solid waste or recyclable material, or more than what was subscribed for with the hauler. G. Commercial Embedded Rates: On commercial customer account bills, every hauler shall combine charges for solid waste and recyclable material collection service and shall not itemize them separately. Haulers shall provide sufficient recyclable material capacity and frequency service to prevent an overflow of material. H. Auditing: A representative of the Town of Vail may audit a registered hauler’s subscription, billing and other relevant records to determine whether or not the provider has complied with the provisions of 5-12-4 at the provider’s office located nearest to the Town of Vail during hours that the office is open for business, on at least five day’s written notice. I. Frequency of Residential Recycling Service: Haulers shall offer each of their residential customers’ curbside recyclables collection service at the same frequency of all other refuse collection, no smaller than 64 gallons capacity of the designated recyclable materials. All containers are subject to the provisions of Section 5-9, Vail Town Code, wherein all attractants shall be stored in wildlife resistant, locked containers. Non-attractants are not required to be stored in wildlife resistant, locked containers provided they are not mixed with attractants. J. Containers and Labeling: Recycling containers shall be clearly distinguishable from solid waste containers. Haulers shall provide labels or label all solid waste and recycling containers indicating which materials are accepted in each container. The labels shall include pictures and words of the acceptable materials and be in both English and Spanish. 5-12-56: DESIGNATED RECYCLABLES LIST A. Designated Recyclables (Collection): The recyclable materials that haulers are required to pick up shall be set forth in the Town’s Recyclable Materials List which shall be prepared and may be amended as conditions change. The Recyclable Materials List shall be available for review on the Town’s website. 3/18/2014 Page 7 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 Materials List shall be available for review on the Town’s website. 5-12-67: RECYCLING REQUIREMENTS A. Placement of Recyclable Materials and Solid Waste for Pick Up: 1. All recyclable materials accumulated on any premises shall be placed in a container or containers separate from solid waste. 2. Recyclable materials shall not be placed in solid waste containers. 3. No refuse, solid waste, or compost shall be placed in any recycling container. 4. Nothing in this section is intended to prevent any person from donating or selling recyclable materials generated on their premises. B. Requirement for Recycling Service: 1. All recyclable material shall be source separated, stored, and presented for collection by a registered municipal 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 recyclable materials when such containers are offered for solid waste collection. 3. It shall be the duty of any owner or occupant of any premises to ensure that they contract for recycling service or otherwise provide service for the delivery of recycling material to a MRF. The service shall be of an adequate level to prevent the designated recyclable material containers from overflowing on a regular basis. 4. The container(s) shall be wildlife resistant, and handled in accordance with Title 5, Chapter 9, Vail Town Code, employing a latching mechanism on the access door sufficient to defeat attempts by wildlife to enter If recycling containers are stored outdoors and contain attractants, said containers shall be wildlife resistant or wildlife proof in accordance with Title 5, Chapter 9, Vail Town Code. If recycling containers are stored indoors and only placed outdoors for collection after six o’clock (6:00) A.M. on the day of collection, containers need not be wildlife resistant, but shall have a lid. After pick up, all containers must be removed from the curb, alley or public right of way by seven o’clock (7:00) P.M. 3/18/2014 Page 8 on the same day. This provision does not apply to recycling containers greater than 20 cubic yards of capacity. 5. 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. 5-12-78: VIOLATIONS AND ENFORCEMENT A. Violations (Hauler): It shall be unlawful for haulers to: 1. Fail or refuse to follow the requirements for registration of this chapter 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 penalties according to Section 1-4-1, Vail Town Code. B. Violations (Generator): It shall be unlawful for any owner or occupant of any residential, multi-family, or commercial premises to: 1. Fail or refuse to follow the requirements imposed by this chapter 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 penalties according to Section 1-4-1, Vail Town Code. C. Enforcement: Town of Vail police and code enforcement officers shall have the authority to issue a warning notice or a summons and complaint to any person in violation of this chapter. D. Penalty Assessment: A resident or owner/occupant of a commercial establishment shall be deemed to have been issued an appropriate notice of violation if it is personally served upon the resident or owner/occupant, placed in the U.S. mail, postage prepaid and addressed to the resident or owner/occupant according to the last known address given by the resident or owner/occupant to any Town of Vail or Eagle County government department. If the identity of the resident is not known, the entity responsible for contracting and or payment of solid waste and or recyclable materials collection refuse removal services for the subject location will be held responsible for complying with this chapter and for any penalties assessed pursuant to the same. E. Hardship Exemption: Unless otherwise exempted all customers shall comply with the provisions of this Chapter. Upon application to the town manager or his or her designee the Town of Vail and demonstration of hardship an inability to comply with this Chapter by a property owner or contractor of waste services, and 3/18/2014 Page 9 good faith effort of intent to comply, the town manager or his or her designee the Planning and Environmental Commission may grant an exemption for a period of time with which to comply with the provisions of this Chapter. If, after such three month period of time extension, if it is determined by the town manager or his or her designee, in conjunction with the town environmental sustainability manager, that it is not possible for said entity to comply with the provisions of this ordinance, that entity shall be given a conditional waiver until such time as the town manager determines that changed circumstances will allow compliance. Prior to granting an exemption to the provisions of this Chapter, the Planning and Environmental Commission shall find that the request is warranted for at least one of the following reasons: 1. Cost considerations including but not limited to: hauling costs, renovation or retrofitting expense. 2. Physical limitations including but not limited to: size, shape or dimensions of a site or structure, or location of an existing structure thereon, topographic or physical conditions on the site in the immediate vicinity. 3. Operational considerations including but not limited to: hours of operation, staffing, proximity to recycling facilities, implementation schedule. 4. Conflicts with adopted regulations including but not limited to: land use regulations, building/fire code regulations. Section 7. Effective Date: Ordinance 6, Series 2014, shall be in effect as of July 1, 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. 3/18/2014 Page 10 INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST AND FINAL READING this 18th day of February, 2014 and a public hearing for second reading of this Ordinance set for the 4th day of March, 2014, in the Council Chambers of the Vail Municipal Building, Vail Colorado. ________________________ Andrew P. Daly, Mayor ATTEST: __________________________ Tammy Nagel, Acting Town Clerk INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON SECOND AND FINAL READING this 18th day of March, 2014, in the Council Chambers of the Vail Municipal Building, Vail Colorado. ________________________ Andrew P. Daly, Mayor ATTEST: __________________________ Tammy Nagel, Acting Town Clerk 3/18/2014 Vail Community Wide Recycling Vail Town Council - Community Wide Recycling Ordinance - 2nd Reading - March 18, 2014 3/18/2014 LANGUAGE CLARITY Recycling Ordinance Modifications Town of Vail | Community Development | 3/18/14 COMMUNITY HARDSHIP WILDLIFE RESISTANT CONTAINERS CLEARLY DISTINGUISHABLE CONTAINERS 3/18/2014 Recycling Ordinance Modifications COMMUNITY HARDSHIP E. Exemption: Unless otherwise exempted all customers shall comply with the provisions of this Chapter. Upon application to the Town of Vail and demonstration of an inability to comply with this Chapter the Planning and Environmental Commission may grant an exemption for a period of time with which to comply with the provisions of this Chapter. Prior to granting an exemption to the provisions of this Chapter, the Planning and Environmental Commission shall find that the request is warranted for at least one of the following reasons: •Cost considerations •Physical limitations •Operational considerations •Conflicts with adopted regulations 3/18/2014 Recycling Ordinance Modifications 4. If recycling containers are stored outdoors and contain attractants, said containers shall be wildlife resistant or wildlife proof in accordance with Title 5, Chapter 9, Vail Town Code. If recycling containers are stored indoors and only placed outdoors for collection after six o’clock (6:00) A.M. on the day of collection, containers need not be wildlife resistant, but shall have a lid. After pick up, all containers must be removed from the curb, alley or public right of way by seven o’clock (7:00) P.M. on the same day. This provision does not apply to recycling containers greater than 20 cubic yards of capacity. WILDLIFE RESISTANT CONTAINERS Town of Vail | Community Development | 3/18/14 3/18/2014 Recycling Ordinance Modifications J. Containers and Labeling: Recycling containers shall be clearly distinguishable from solid waste containers. Haulers shall provide labels or label all solid waste and recycling containers indicating which materials are accepted in each container. The labels shall include pictures and words of the acceptable materials and be in both English and Spanish. Town of Vail | Community Development | 3/18/14 CLEARLY DISTINGUISHABLE CONTAINERS 3/18/2014 Recycling Ordinance Modifications 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 for the waste hauling services from tenants on a regular basis. D. Penalty Assessment: If the identity of the resident is not known, the entity responsible for contracting and or payment of solid waste and or recyclable materials collection refuse removal services for the subject location will be held responsible for complying with this chapter and for any penalties assessed pursuant to the same. Town of Vail | Community Development | 3/18/14 LANGUAGE CLARITY 3/18/2014 ADDITIONAL IMPROVEMENTS - STAFF Recycling Ordinance Modifications Town of Vail | Community Development | 3/18/14 5-12-1: PURPOSE: The purpose of this Chapter is to establish policy and infrastructure to support recycling by all residential, multi-family and commercial customers and haulers in the Town of Vail in order to reduce the town’s impact on the environment by decreasing waste deposited in the landfill, energy consumed and carbon emissions, and ensure ongoing waste diversion education in the community. 5-12-2: APPLICABILITY: All residential, multi-family and commercial customers that contract for solid waste and recycling services shall comply with the provisions of this Chapter. 3/18/2014 3/18/2014 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: March 18, 2014 ITEM/TOPIC: First reading of Ordinance No. 8, Series of 2014, an ordinance for prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-2-2: Definitions of Words and Terms pertaining to Commercial Ski Storage and the delineation of different floors or levels within a structure, and to amend Sections 12- 7B, 12-7H, 12-7I and 12-8E replacing the term “Commercial Ski Storage” with “Commercial Ski Storage/Ski Club, and setting forth details in regard thereto. PRESENTER(S): Jonathan Spence ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 8, Series of 2014, upon first reading. BACKGROUND: At the Town Council Public Hearing on February 18, 2014 staff provided an update on this item with information from the February 10 th Planning and Environmental Commission meeting. After careful deliberation and after taking public comment, the Town Council determined that the existing regulatory mechanism, discounting the determination of similar use that occurred in 2006 related to the 3 rd floor of the Vista Bahn Building, is sound and appropriate pertaining to allowable locations for ski storage/ski club type uses. The Council directed staff to perform the necessary analysis and code work to make certain, with no ambiguity or room for misunderstanding, that ski storage/ski club uses, in all their variations, are appropriately located only in the basement or garden level of a structure in the Commercial Core 1 (CC-1), Lionshead Mixed Use 1 (LMU-1), Lionshead Mixed Use 2 (LMU-2) and Ski Base/Recreation 2 (SBR-2). STAFF RECOMMENDATION: The Planning and Environmental Commission at their February 24, 2014 meeting unanimously recommended approval of the proposed code amendments. ATTACHMENTS: Staff Memo 3/18/2014 TO: Vail Town Council FROM: Community Development Department DATE: March 18, 2014 SUBJECT: First reading of Ordinance No. 8, Series of 2014, an ordinance for prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12-2-2: Definitions of Words and Terms pertaining to Commercial Ski Storage and the delineation of different floors or levels within a structure, and to amend Titles 12-7B, 12-7H, 12-7I and 12-8D replacing the term “Commercial Ski Storage” with “Commercial Ski Storage/Ski Club, and setting forth details in regard thereto. (PEC140003) Applicant: Town of Vail Planner: Jonathan Spence I. SUMMARY The Community Development Department requests a first reading of Ordinance No. 8, Series of 2014 to redefine Commercial Ski Storage as Commercial Ski Storage/Private Club, to clarify allowable locations for Commercial Ski Storage/Private Clubs and to provide additional language to assist in the delineation of different floors or levels within a structure. These proposed code amendments do not result in any changes to the regulations pertaining to the location or operating characteristics of ski storage/ski concierge/ski clubs within the Vail Villages. The changes do provide clarity and a greater understanding concerning these subjects. To assist the Town Council in understanding the complexities related to the determination of floors or levels within a structure, staff has produced two graphics included as Attachment D. These graphics are an attempt to illustrate the effects of topography, access, adjacencies and other factors on floor determination. Staff is prepared to utilize these graphics during the public hearing to run through likely scenarios in the hopes of providing those in attendance with a greater understanding of the methodology used in floor determination. On March 18, 2014 staff will also be presenting the Town Council with a resolution that will document the previous determination made by the Town Council in 2006 that a particular ski storage type use was a “Cocktail Lounges and Bars.” This resolution will clearly and unambiguously memorialize that this determination is no longer valid and that Commercial Ski Storage/Ski Clubs are appropriately located only in the basement 3/18/2014 Town of Vail Page 2 or garden level of a structure in the Commercial Core 1 (CC-1), Lionshead Mixed Use 1 (LMU-1), Lionshead Mixed Use 2 (LMU-2) and Ski Base/Recreation 2 (SBR-2). II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 8, Series of 2014, upon first reading. III. BACKGROUND On June 18, 2013, the Vail Town Council enacted a moratorium on the acceptance and processing of land use applications involving ski storage/ski clubs to December 17, 2013. 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. This moratorium has been extended to March 19, 2014 to allow additional time to complete the necessary analysis and review. The Community Development Department presented a historical background on the Commercial Ski Storage use at the January 7, 2014 work session before the Town Council. At this meeting the council requested additional information concerning sales tax generation, the varieties of ski storage/ski clubs in operation and about the possible impacts ski storage/ski clubs on existing or future business/professional office uses Staff returned to the Town Council on February 4, 2014 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. At the Town Council Public Hearing on February 18, 2014 staff provided an update on this item with information from the February 10th Planning and Environmental Commission meeting. After careful deliberation and after taking public comment, the Town Council determined that the existing regulatory mechanism, discounting the determination of similar use that occurred in 2006 related to the 3rd floor of the Vista Bahn Building, is sound and appropriate pertaining to allowable locations for ski storage/ski club type uses. The Council directed staff to perform the necessary analysis and code work to make certain, with no ambiguity or room for misunderstanding, that ski storage/ski club uses, in all their variations, are appropriately located only in the basement or garden level of a structure in the Commercial Core 1 (CC-1), Lionshead Mixed Use 1 (LMU-1), Lionshead Mixed Use 2 (LMU-2) and Ski Base/Recreation 2 (SBR-2). The Planning and Environmental Commission at their February 24, 2014 meeting unanimously recommended approval of the proposed code amendments. 3/18/2014 Town of Vail Page 3 IV. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION Should the Vail Town Council choose to approve Ordinance No. 8, Series of 2014, upon first reading, the Planning and Environmental Commission recommends the Council pass the following motion: ““The Vail Town Council approves on first reading Ordinance No. 8, Series of 2014, an ordinance to amend Title 12-2-2: Definitions of Words and Terms pertaining to Commercial Ski Storage and the delineation of different floors or levels within a structure, and to amend Titles 12-7B, 12-7H, 12-7I and 12-8D replacing the term “Commercial Ski Storage” with “Commercial Ski Storage/Ski Club, and setting forth details in regard thereto.” Should the Vail Town Council choose to approve Ordinance No. 8, Series of 2014, on first reading, the Planning and Environmental Commission recommends the Council make the following findings: “Based upon the review of the criteria outlined in Sections V of the Staff memorandum to the Planning and Environmental Commission dated February 24, 2014, and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." VI. ATTACHMENTS A. Ordinance No.8, Series of 2014 B. PEC Memorandum dated February 24, 2014 C. Draft PEC Meeting Minutes. D. Building Cross Sections Graphics 3/18/2014 Ordinance No. 8, Series 2014 - 1 - ORDINANCE NO. 8 SERIES OF 2014 AN ORDINANCE FOR PRESCRIBED REGULATION AMENDMENTS, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO AMEND SECTION 12-2-2: DEFINITIONS OF WORDS AND TERMS PERTAINING TO COMMERCIAL SKI STORAGE AND THE DELINEATION OF DIFFERENT FLOORS OR LEVELS WITHIN A STRUCTURE, AND TO AMEND ARTICLES 12-7B, 12-7H, 12-7I AND 12-8E REPLACING THE TERM “COMMERCIAL SKI STORAGE” WITH “COMMERCIAL SKI STORAGE/SKI CLUB”, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the “Town”), is a home rule 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 existing term “Commercial Ski Storage” no longer accurately encompasses the types and operational characteristics of this use; WHEREAS, it is necessary to define a new term, ““Commercial Ski Storage/Ski Club” that will accurately define the range of operations included in this use; WHEREAS, it is necessary to replace “Commercial Ski Storage” with “Commercial Ski Storage/Ski Club” in those zone districts where it is an allowable use; WHEREAS, the delineation of a structure into levels or floors is essential for the application of horizontal zoning; WHEREAS, the Town Council is committed to clarifying how a determination of floor level is made while maintaining the success of existing and future businesses within the Town of Vail; WHEREAS, it is not the intent of this ordinance to create non-conforming uses as a result of the clarifications to the definitions of floor levels; WHEREAS, the Community Development Department is committed to making the Town Code easily understood; WHERAS, from time to time is it necessary and prudent to update the Town Code; WHEREAS, on February 24, 2014, the Town of Vail Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for the amendment; 3/18/2014 Ordinance No. 8, Series 2014 - 2 - NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Section 12-2-2, Definitions, Vail Town Code, shall be amended as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): BASEMENT OR GARDEN LEVEL: For the purposes of implementing horizontal zoning within specific zone districts, basement or garden level shall be any floor, or portion of any floor, of a structure located substantially below the first floor or street level of that structure, as determined by the administrator. More than one floor, or portions of a floor or floors, may be defined as basement or garden level within a single structure. For the purposes of determining floor level, the following factors may be considered; site topography, location of building entrances and facades relative to the adjacent vehicular or pedestrian ways, interior building layout, proximity to adjacent vehicular or pedestrian ways and relationships to other floors in the structure. 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. COMMERCIAL SKI STORAGE/SKI CLUB: 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. This use may have, but does not require, the following components: • Personal lockers • Boot dryers • Ski storage racks • Ski tuning • Food and beverage service • Areas for congregation and/or socializing • Restrooms and/or shower facilities • Non-winter activities • Concierge ski services • Retail sales • Business Center Ski storage that is within a lodge, or dwelling unit, in which a fee is not charged, is not considered commercial ski storage/ski club. FIRST FLOOR OR STREET LEVEL: For the purposes of implementing horizontal zoning within specific zone districts, first floor or street level shall be any floor, or portion of any floor, of a structure located at or nearest to (either above or below) the level of the adjacent vehicular or pedestrian way, as determined by the administrator. More than one floor, or portions of a floor or floors, may be defined as basement or garden level within a single 3/18/2014 Ordinance No. 8, Series 2014 - 2 - structure. For the purposes of determining floor level, the following factors may be considered; site topography, location of building entrances and facades relative to the adjacent vehicular or pedestrian ways, interior building layout, proximity to adjacent vehicular or pedestrian ways and relationships to other floors in the structure. Section 2. Section 12-7B-2, Permitted and Conditional Uses; Basement or Garden Level, (CC1 District) Vail Town Code, shall be amended as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): A. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: 2. Personal services and repair shops, including the following: Beauty and barber shops. Commercial ski storage. Commercial Ski Storage/Ski Club Small appliance repair shops. Tailors and dressmakers. Travel and ticket agencies. Section 3. Section 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level, (LMU-1 District) Vail Town Code, shall be amended as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): A. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Child daycare centers. Commercial ski storage. Commercial Ski Storage/Ski Club Eating and drinking establishments. Employee housing units, as further regulated by chapter 13 of this title. 3/18/2014 Ordinance No. 8, Series 2014 - 3 - Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. Section 4. Section 12-7I-2, Permitted and Conditional Uses; Basement or Garden Level, (LMU-2 District) Vail Town Code, shall be amended as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): A. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Child daycare centers. Commercial ski storage. Commercial Ski Storage/Ski Club Eating and drinking establishments. Employee housing units, as further regulated by chapter 13 of this title. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. 3/18/2014 Ordinance No. 8, Series 2014 - 4 - Skier ticketing, ski school and skier services. Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. Section 5. Section 12-8E-2, Permitted Uses; (SBR2 District) Vail Town Code, shall be amended as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): The following uses shall be permitted within the ski base/recreation 2 district: Eating and drinking establishments including the following: Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises. Cocktail lounges and bars. Coffee shop. Fountains and sandwich shops. Restaurants. Employee housing units, as further regulated by chapter 13 of this title. Lodges. Private or public off street loading facilities. Private or public off street vehicle parking structures. Public parks and outdoor recreation facilities. Residential uses including the following: Accommodation units. Multi-family residential dwelling units. Single-family residential dwelling units. Two-family residential dwelling units. Ski base oriented uses including the following: 3/18/2014 Ordinance No. 8, Series 2014 - 5 - Commercial ski storage on the basement or garden level of a building. Commercial Ski Storage/Ski Club on the basement or garden level of a building. Retail stores and establishments. Ski lifts and tows. Ski patrol facilities. Ski racing facilities. Ski school facilities. Ski trails. Skier and guest services including, but not limited to, uses such as basket rental, lockers, ski repair, ski rental, lift ticket sales, public restrooms, information/activity desk. Snowmaking facilities. Special community events, including, but not limited to, ski races, festivals, concerts, and recreational, cultural and educational programs and associated improvements/facilities, subject to the issuance of a special events license. Section 6. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the evidence and testimony presented in consideration of this ordinance, the Vail Town Council finds and determines the follows: a. The amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and are compatible with the development objectives of the town; b. The amendments further the general and specific purposes of the Zoning Regulations; and, c. The amendments promote the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. d. This ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 7. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 3/18/2014 Ordinance No. 8, Series 2014 - 6 - 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 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 10. 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 18th day of March, 2014, and a public hearing for second reading of this Ordinance set for the 1st day of April, 2014, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. __________________ Andrew P. Daly, Mayor ATTEST: _________________________ Tammy Nagel, Acting Town Clerk 3/18/2014 TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 24, 2014 SUBJECT: A request for a recommendation to the Vail Town Council for prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12-2-2: Definitions of Words and Terms pertaining to Commercial Ski Storage and the delineation of different floors or levels within a structure, and setting forth details in regard thereto. (PEC140003) Applicant: Town of Vail Planner: Jonathan Spence I. PURPOSE With a revised direction from the Town Council, the purpose of this hearing before the Planning and Environmental Commission has also changed. In contrast to exploring the possibilities of allowing ski storage/ski clubs on floors other than basement and garden levels, the purpose has shifted to ensuring that the Town Code and the community are absolutely clear on what ski storage/ski clubs are and where their use is permissible. Staff highlights the following areas in need of clarification: • Revise the definition of Commercial Ski Storage to accurately identify the use and its possible components. • Examine the existing language pertaining to how different floors of a structure are classified in terms of basement, garden level, street level, etc. for the purposes of simplifying and clarifying its methodology. • Investigate the effects of an existing use becoming nonconforming as a result of any code revisions. II. INTRODUCTION In the Spring of 2013 the Department of Community Development received a written request for a use determination concerning ski storage/ski club type uses on the second floor of the Vista Bahn Building, formerly occupied by the Tap Room bar and restaurant. This request was utilizing for its basis the 2006 determination by the Vail Town Council 3/18/2014 Town of Vail Page 2 that a “ski club with ski storage” where the storage did not utilize in excess of 30% of the floor area was, for the purposes of zoning, the same as a “cocktail lounge and bar,” a defined use in the Town Code. This determination allowed the Cordillera Gondola Club to operate out of the third floor of the Vista Bahn Building since that time. On June 18, 2013, the Vail Town Council enacted a moratorium on the acceptance and processing of land use applications involving ski storage/ski clubs to December 17, 2013. 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. This moratorium has been extended to March 19, 2014 to allow additional time to complete the necessary analysis and review. The Community Development Department presented a historical background on the Commercial Ski Storage use at the January 7, 2014 work session before the Town Council. At this meeting the council requested additional information concerning sales tax generation, the varieties of ski storage/ski clubs in operation and about the possible impacts ski storage/ski clubs on existing or future business/professional office uses Staff returned to the Town Council on February 4, 2014 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. At the Town Council Public Hearing on February 18, 2014 staff provided an update on this item with information from the February 10th Commission meeting. After careful deliberation and after taking public comment, the Town Council determined that the existing regulatory mechanism, discounting the determination of similar use that occurred in 2006 related to the 3rd floor of the Vista Bahn Building, is sound and appropriate pertaining to allowable locations for ski storage/ski club type uses. The Council directed staff to perform the necessary analysis and code work to make certain, with no ambiguity or room for misunderstanding, that ski storage/ski club uses, in all their variations, are appropriately located only in the basement or garden level of a structure in the Commercial Core 1 (CC-1), Lionshead Mixed Use 1 (LMU-1), Lionshead Mixed Use 2 (LMU-2) and Ski Base/Recreation 2 (SBR-2). III. INVESTIGATION Ski Storage/Ski Clubs Use Definition The current definition of Commercial Ski Storage was adopted in 1989 to clarify the use and the location where the use was allowed. The use was (and is) restricted to the Basement and Garden Levels of a structure and reads as follows: EXISTING CODE LANGUAGE 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 3/18/2014 Town of Vail Page 3 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. During the research surrounding the issue of ski storage/ski clubs, staff identified a minimum of five (5) different variations on the use occurring within the community. While the Town Council also recognized the differentiation that has occurred within the use, the direction was not to treat any of the variations separately and that the same standards related to operating locations should apply. To this end, staff offers the following revised definition to replace the existing Commercial Ski Storage definition: Chapter 2, Definitions is proposed to be amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): 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. COMMERCIAL SKI STORAGE/SKI CLUB: 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. This use may have, but does not require, the following components: • Personal lockers • Boot dryers • Ski storage racks • Ski tuning • Food and beverage service • Areas for congregation and/or socializing • Restrooms and/or shower facilities • Non-winter activities • Concierge ski services • Retail sales • Business Center Ski storage that is within a lodge, or dwelling unit, in which a fee is not charged, is not considered commercial ski storage/ski club. 3/18/2014 Town of Vail Page 4 Building floor determination During deliberations before both the Commission and the Town Council, confusion was apparent related to the classification of different floors within a structure. Challenges have been expressed from staff and the community on this topic, especially concerning determinations that result in portions of a floor having a different classification than other portions of the same floor. To remove this uncertainty and provide a more predictable regulatory environment, staff suggests the following revisions: Chapter 2, Definitions is proposed to be amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): BASEMENT OR GARDEN LEVEL: For the purposes of implementing horizontal zoning within specific zone districts, basement or garden level shall be any floor, or portion of any floor, of a structure located substantially below the first floor or street level of that structure, as determined by the administrator. More than one floor, or portion of floors, may be defined as basement or garden level within a single structure. Floors that exhibit characteristics of more than one particular floor or level shall be classified at the most restrictive level. Possible characteristics include but are not limited to varying topography, multiple points of access and the existence of adjacent vehicular or pedestrian ways; e.g. a floor with both garden and street level attributes will be classified as street level as the uses on the street level have greater limitations. FIRST FLOOR OR STREET LEVEL: For the purposes of implementing horizontal zoning within specific zone districts, first floor or street level shall be any floor, or portion of any floor, of a structure located at or nearest to (either above or below) the level of the adjacent vehicular or pedestrian way, as determined by the administrator. More than one floor, or portion of floors, may be defined as first floor or street level within a single structure. Floors that exhibit characteristics of more than one particular floor or level shall be classified at the most restrictive level. Possible characteristics include but are not limited to varying topography, multiple points of access and the existence of adjacent vehicular or pedestrian ways; e.g. a floor with both garden and street level attributes will be classified as street level as the uses on the street level have greater limitations. Effects on an existing use becoming nonconforming In clarifying ski storage/ski club uses and their allowable locations, existing uses in particular locations may become nonconforming. Uses that were legally established are allowed to continue with certain restrictions. The code sections applicable are: 3/18/2014 Town of Vail Page 5 Chapter 18: Nonconforming Sites, Uses, Structures and Site Improvements (in part) 12-18-1: PURPOSE: This chapter is intended to limit the number and extent of nonconforming uses and structures by prohibiting or limiting their enlargement, their reestablishment after abandonment and their restoration after substantial destruction. While permitting nonconforming uses, structures, and improvements to continue, this chapter is intended to limit enlargement, alteration, restoration, or replacement which would increase the discrepancy between existing conditions and the development standards prescribed by this title 12-18-4: USES: The use of a site or structure lawfully established prior to the effective date hereof which does not conform to the use regulations prescribed by this title for the zone district in which it is situated may be continued, provided that no such nonconforming use shall be enlarged to occupy a greater site area or building floor area than it occupied on the effective date hereof. Any subsequent reduction in site area or floor area occupied by a nonconforming use shall be deemed a new limitation, and the use shall not thereafter be enlarged to occupy a greater site area or floor area than such new limitation. Although it is the intention of the code to limit the number and extent of nonconforming uses, the creation of new nonconforming uses is unavoidable if the purposes of the revised code language are to be realized. No changes to this section are proposed. IV. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. 3/18/2014 Town of Vail Page 6 The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. V. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Section 12-1-2, Purpose, Vail Town Code, identifies the general and specific purposes as follows: 12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 3/18/2014 Town of Vail Page 7 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Staff finds the proposed zoning code amendments further the general and specific purposes of the zoning regulations by promoting the harmonious development of the Town’s villages while maintaining established community qualities and economic values. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Staff finds that the proposed prescribed regulations amendments will better implement or achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan. Specifically in the Vail Land Use Plan’s adopted Goals and Policies, staff identified the following applicable statements: 1. General Growth /Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 2. Skier /Tourist Concerns 2.4. The community should improve summer recreational options to improve year-round tourism. 2.5. The community should improve non-skier recreational options to improve year-round tourism. 3/18/2014 Town of Vail Page 8 4. Village Core / Lionshead 4.3. The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural settings, intimate size, cosmopolitan feeling, environmental quality.) 3. The text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 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 Vail Town 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. The new definition takes into account the substantial changes that have occurred concerning the use since the adoption of the current regulation. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Staff believes this text amendment will ensure a harmonious, convenient, workable relationship among land use regulations consistent with the Town's development objectives. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VI. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for the prescribed regulations amendments. This recommendation is based upon the review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation to the Vail Town Council for prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12-2-2: Definitions of 3/18/2014 Town of Vail Page 9 Words and Terms pertaining to Commercial Ski Storage and the delineation of different floors or levels within a structure, and setting forth details in regard thereto.” Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section V this memorandum, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." 3/18/2014 Page 1 PLANNING AND ENVIRONMENTAL COMMISSION February 24, 2014 at 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Bill Pierce Pam Hopkins Henry Pratt John Rediker Luke Cartin Susan Bird Michael Kurz 20 minutes 1. A request for a final review of a variance, from Section 12-14-17, Setback From Water Course, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for additional gross residential floor area within the stream tract setback, located at 4444A Streamside Circle/Lot 11, Bighorn Subdivision 4th Addition, and setting forth details in regard thereto. (PEC140001) Applicant: Mark Medley, represented by Steven James Riden Architect Planner: Joe Batcheller ACTION: Approved with condition(s) MOTION: Cartin SECOND: Pratt VOTE: 4-1-0 (Kurz opposed) CONDITION(S): Approval of this variance is contingent upon the applicant receiving Town of Vail design review approval of this proposal. Joe Batcheller gave a presentation per the staff memorandum. Commissioner Bird inquired as to the ability to provide an alternative power source for the lift station in the event the power goes out to ensure that raw sewage does not back up and potential enter the stream. Steven Riden spoke to his support for the town’s desire and role to better the health of Gore Creek. He highlighted changes made since the last hearing to address the concerns. He spoke to the fact that there will be two sump pumps and that insurance was requiring a back up power supply for the pumps to insure insurance coverage. He spoke to the revised landscape plan which was design to return the bank to a more natural vegetative state. There was no public comment. Commissioner Cartin spoke to the improvements along the creek being a desired outcome on all properties along the creek. Commissioner Pratt stated that despite grade elevation change with the walkout and the 100- year floodplain there are events which exceed this and there is a risk of a flooded basement. Commissioner Kurz spoke that he appreciated the review of the Environmental Sustainability Coordinator. He was concerned about the recent 303d listing and a continued attempt to creep up onto the creek which have a negative effect. He does not believe there is a hardship and the property owner does enjoy a reasonable use of the property. Commissioner Pierce stated there is a distinction between this property and publicly owned land encroachments. 3/18/2014 Page 2 20 minutes 2. A request for the review of an amended conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, for a public and private school, to allow for the construction of a new attached greenhouse, located at 3000 Booth Falls Road/ Lot 1, Vail Mountain School, and setting forth details in regard thereto. (PEC140004) Applicant: Vail Mountain School, represented by Mauriello Planning Group Planner: Joe Batcheller ACTION: Approved MOTION: Kurz SECOND: Bird VOTE: 4-0-1 (Pierce recused) Joe Batcheller gave a presentation per the staff memorandum. Bill Pierce recused himself due to a conflict of interest as his firm worked on the plans. Commissioner Kurz supported the use of and construction of a greenhouse. He encouraged the applicant to use best practices with regard to fertilizers, composting, pesticides, etc. Dominic Mauriello, representing the applicant, covered many elements of the application, including reaching out to many neighbors to have face-to-face meetings to ensure concerns were addressed. Commissioner Cartin inquired as to the thoughts around the excess heat loading caused by the greenhouse. Was the heat going to be used or just vented out as necessary? He also asked the applicant to look at glare properties of the windows and impacts to adjacent roadways and properties. Dominic Maureillo spoke to the goals and desires with the proposal. There was no public comment. Commissioner Pratt spoke to the prominence of the location and the importance of looking at the glass glare issues. He felt it would be an asset to the curriculum. 25 minutes 3. A request for the review of a final plat, pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for the relocation of the platted building lots and access easement, located at 1624, 1626, 1628, 1630, and 1632 Buffehr Creek Road/ Lots 1-5, Elk Meadows Subdivision, and setting forth details in regard thereto. (PEC130028) Applicant: Elk Meadows Development, LLC, represented by Sharon Cohn Planner: Joe Batcheller ACTION: Approved with condition(s) MOTION: Kurz SECOND: Cartin VOTE: 4-1-0 (Pierce opposed) CONDITION(S): 1. The applicant shall execute a Subdivider’s Improvement Agreement in a form approved by the Town of Vail prior to the submittal of a building permit to ensure the completion of the proposed driveway extension for the Elk Meadows Subdivision. 2. The applicant shall submit final engineered construction plans for the driveway extension to the Public Works Department for final review and approval prior to the issuance of a building permit for a residential structure in the Elks Meadows Subdivision. 3/18/2014 Page 3 3. The applicant shall address the requirements of the Eagle River Water and Sanitation District for the abandonment of the current easement and the acceptance of the new easement. Joe Batcheller gave a presentation per the staff memorandum. Sharon Cohn asked some questions regarding the conditions of approval and how the timing would work between recording the plat and commencing construction. Staff proposed new language that allows for flexibility per the Town Attorney’s input. Commissioner Pierce stated his continued opposition to the relocation of Lot 1 and its effect on the open space. Commissioner Bird asked about the fire turn around, fire hydrant, and guard rail. Joe Batcheller explained that parking in the fire lane will not be allowed; the fire hydrant will be located between lots 2 and 3; and a guard rail may or may not be recommended during the development review process. 30 minutes 4. A request for a work session for the review of a conditional use permit, pursuant to 12-9C-3, Conditional Uses, Vail Town Code, for a public and quasi-public indoor community facility (education center), to allow for the construction of the Betty Ford Alpine Gardens Education Center, located 530 South Frontage Road/Unplatted, and setting forth details in regard thereto. (PEC140005) Applicant: Betty Ford Alpine Gardens, represented by Jack Hunn Planner: George Ruther ACTION: No Vote, Work Session Warren Campbell delivered staff’s presentation Susan Bird ask how the recommended site was determined. Warren Campbell referenced the Town Council’s decision based on the Ford Park Master Plan criteria for evaluating locations. The PEC discussed the other locations and the process by which the preferred location was selected. Pratt mentioned accessible pathways and which entity is responsible for modifying them and to what degree? Warren Campbell said that it will need further discussion to be properly addressed. Pratt said that it directly correlates to question #7. Warren Campbell responded… Jack Hunn gave a presentation, responding to the 18 questions to the last working session. Chairman Pierce asked for clarification on questions 7, 8, 17, and 18. Jack Hunn addressed the concerns with ADA compliance, and separate bathroom facilities. Henry Pratt suggested a subterranean bathroom accessed from the basketball court. Jack Hunn addressed the concerns with homerun softballs. Chairman Pierce asked how this would be mitigated. Hunn responded with a higher fence. Chairman Pierce would like the VRD to weigh in. 3/18/2014 Page 4 Kurz: “What’s going to grow on your roof ?” Jack Hunn stated it would be similar to what already exists on-site. Luke Cartin asked about loading and deliveries. Jack Hunn explained a workable scenario. Chairman Pierce expressed reservations with increased vehicular traffic on West Betty Ford Way. Jack Hunn then discussed questions 14 & 15. Henry Pratt said he agreed with staff’s opinion and felt an additional bus stop was unnecessary and reinforces the feasibility of the other site by the existing bus stop. Michael Kurz mentioned the need for an operating plan to address loading and deliveries. Jack Hunn deferred to Nicola to address question 18. Nicola stated that the BFAG Center would not solicit renters for special events, but would like the option to make it available. Commissioner Bird inquired about the “volunteer space.” Nicola explained. Luke Cartin asked about the process and the sequence of approvals needed (???). Warren Cambell explained……… 60 minutes 5. A request for a recommendation to the Vail Town Council for prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Titles 12 & 14, Zoning Regulations and Development Standards, pertaining to the definitions, use restrictions and development standards for Commercial Ski Storage and Private Ski Clubs, and setting forth details in regard thereto. (PEC140003) Applicant: Town of Vail Planner: Jonathan Spence ACTION: Approved MOTION: Kurz SECOND: Cartin VOTE: 5-0-0 Jonathan Spence gave a presentation. Susan Bird asked for clarification. Jonathan Spence reiterated the points of his presentation. Chairman Pierce asked about the Sebastian ski storage scenario—if such would be allowed today. Jonathan explained that as floors are defined, yes, it could be. The Gondola Club (in the same building, third floor) would be non-conforming, however. Henry Pratt asked about private ski clubs and how they would be allowed. Jonathan explained that it depended on how its use was defined, in tandem with its accessory uses. Henry Pratt asked about some specific examples using various properties and uses, and how such may be defined as a floor. Jonathan and Warren assisted the commission in understanding how floor determination is made. 6. A request for the review of a variance from Section 12-14-17, Setback from W atercourse, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of gross residential floor area within the prescribed setback, located at 1975 Placid Drive Unit 33/Lot 33, Vail Village West Filing 2, and setting forth details in regard thereto (PEC130025). Applicant: Rosslyn May Valentine Residence Trust, represented by Richard Bolduc Planner: Joe Batcheller 3/18/2014 Page 5 ACTION: Withdrawn 7. A request for a recommendation to the Vail Town Council on a major amendment to a Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in gross residential floor area to facilitate additions to existing dwelling units, located at 100 East Meadow Units 501 and 502 (Vail Village Inn Phase 3) /Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC130046) Applicant: Deltec Bank and Trust, represented by Eggers Architect Planner: Jonathan Spence ACTION: Table to March 10, 2014 MOTION: Cartin SECOND: Bird VOTE: 5-0-0 8. Approval of February 10, 2014 minutes MOTION: Kurz SECOND: Pratt VOTE: 4-0-1 (Cartin recused) 9. Information Update 10. Adjournment MOTION: Kurz SECOND: Cartin VOTE: 5-0-0 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 February 21, 2014 in the Vail Daily. 3/18/2014 3/18/2014 3/18/2014 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: March 18, 2014 ITEM/TOPIC: First reading of Ordinance No. 9, Series of 2014, an ordinance rezoning certain properties from the High Density Multiple-Family District to the Vail Village Townhouse District, located at 303 Gore Creek Drive (Vail Rowhouses 7-13) and 483 Gore Creek Drive (Texas Townhomes)/ Lots 7-13, A Resubdivision of Block 5 and a part of Gore Creek Drive, Vail Village Filing 1, and Lots 1 – 9 Vail Village Filing 4, and setting forth details in regard thereto. (PEC140002 ) PRESENTER(S): Jonathan Spence ACTION REQUESTED OF COUNCIL: The Town Council review the Planning and Environmental Commission recommendation and approve, approve with modifications or deny the first reading of the rezoning ordinance. BACKGROUND: On August 21, 2012 the Vail Town Council adopted Ordinance No. 2 Series of 2012 establishing the Vail Village Townhouse Zone District. The Vail Village Townhouse (VVT) District was adopted following numerous public hearings before the Planning and Environmental Commission and the Town Council first, as a private property owner initiated application and later, as a Community Development staff led effort. On December 17, 2013 the Vail Town Council instructed staff to submit a rezoning application for the properties known as The Vail Rowhouses (7-13) and the Texas Townhomes, omitting from the application the Vail Rowhouses (1-6), Vail Trails Chalet and Vail Trails East. On February 10, 2014, the Planning and Environmental Commission unanimously forwarded a recommendation of approval to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning from the High Density Multiple-Family District to the Vail Village Townhouse District. STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Vail Town Council approve on first reading Ordinance No. 9, Series of 2014, an ordinance rezoning certain properties from the High Density Multiple-Family District to the Vail Village Townhouse District, located at 303 Gore Creek Drive (Vail Rowhouses 7-13) and 483 Gore Creek Drive (Texas Townhomes)/ Lots 7-13, A Resubdivision of Block 5 and a part of Gore Creek Drive, Vail Village Filing 1, and Lots 1 – 9 Vail Village Filing 4, and setting forth details in regard thereto.” ATTACHMENTS: Staff Memo with Att. 3/18/2014 TO: Vail Town Council FROM: Community Development Department DATE: March 18, 2014 SUBJECT: First reading of Ordinance No. 9, Series of 2014, an ordinance rezoning certain properties from the High Density Multiple-Family District to the Vail Village Townhouse District, located at 303 Gore Creek Drive (Vail Rowhouses 7-13) and 483 Gore Creek Drive (Texas Townhomes)/ Lots 7-13, A Resubdivision of Block 5 and a part of Gore Creek Drive, Vail Village Filing 1, and Lots 1 – 9 Vail Village Filing 4, and setting forth details in regard thereto. (PEC140002) Applicant: Town of Vail Planner: Jonathan Spence I. SUMMARY The applicant, Town of Vail, is requesting a first reading of Ordinance No. 9, Series of 2014, an ordinance rezoning certain properties from the High Density Multiple-Family District to the Vail Village Townhouse District, located at 303 Gore Creek Drive (Vail Rowhouses 7-13) and 483 Gore Creek Drive (Texas Townhomes)/ Lots 7-13, A Resubdivision of Block 5 and a part of Gore Creek Drive, Vail Village Filing 1, and Lots 1 – 9 Vail Village Filing 4, and setting forth details in regard thereto. II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 9, Series of 2014, upon first reading. III. BACKGROUND On December 17, 2013 the Vail Town Council instructed staff to submit a rezoning application for the properties known as The Vail Rowhouses (7-13) and the Texas Townhomes, omitting from the application the Vail Rowhouses (1-6), Vail Trails Chalet and Vail Trails East. On January 10, 2014 staff notified the owners of the properties affected by the proposed rezoning of the proposal and the planned meeting dates. This correspondence was in addition to the formal notice which was sent to the property owners on January 23, 2014 and published in the Vail Daily on January 24, 2014. On February 10, 2014, the Planning and Environmental Commission unanimously forwarded a recommendation of approval to the Vail Town Council for a zone district 3/18/2014 Town of Vail Page 2 boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning from the High Density Multiple-Family District to the Vail Village Townhouse District, for the properties located at 303 Gore Creek Drive (Vail Rowhouses 7-13) and 483 Gore Creek Drive (Texas Townhomes)/ Lots 7-13, A Resubdivision of Block 5 and a part of Gore Creek Drive, Vail Village Filing 1, and Lots 1 – 9 Vail Village Filing 4. This recommendation was based upon the review of the criteria outlined in the February 4, 2014 memorandum to the Planning and Environmental Commission, and the evidence and testimony presented. IV. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION Should the Vail Town Council choose to approve Ordinance No. 9, Series of 2014, upon first reading, the Planning and Environmental Commission recommends the Council pass the following motion: “The Vail Town Council approves Ordinance No. 9, Series of 2014, an ordinance rezoning certain properties from the High Density Multiple- Family District to the Vail Village Townhouse District, located at 303 Gore Creek Drive (Vail Rowhouses 7-13) and 483 Gore Creek Drive (Texas Townhomes)/ Lots 7-13, A Resubdivision of Block 5 and a part of Gore Creek Drive, Vail Village Filing 1, and Lots 1 – 9 Vail Village Filing 4, and setting forth details in regard thereto.” Should the Vail Town Council choose to approve Ordinance No. 9, Series of 2014, the Planning and Environmental Commission recommends the Council make the following findings: “Based upon the review of the criteria outlined in Sections IX of the Staff memorandum to the Planning and Environmental Commission dated February 10, 2014, and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.” 3/18/2014 Town of Vail Page 3 V. ATTACHMENTS A. Ordinance No. 9, Series of 2014 B. PEC memorandum dated February 10, 2014 3/18/2014 Ordinance No. 9, Series 2014 - 1 - ORDINANCE NO. 9 SERIES OF 2014 AN ORDINANCE FOR A ZONE DISTRICT BOUNDARY AMENDMENT, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO ALLOW FOR A REZONING OF: 1. VAIL VILLAGE FILING 1 BLOCK: 5 LOT: 7 AKA VAIL ROWHOUSE UNIT 7 2. VAIL VILLAGE FILING 1 BLOCK: 5 LOT: 8 AKA VAIL ROWHOUSE UNIT 8 3. VAIL VILLAGE FILING 1 BLOCK: 5 LOT: 9 AKA VAIL ROWHOUSE UNIT 9 4. VAIL VILLAGE FILING 1 BLOCK: 5 LOT: 10 AKA VAIL ROWHOUSE UNIT 10 5. TOWNHOUSE ON LOT ELEVEN UNIT: A AKA VAIL ROWHOUSE UNIT 11A 6. TOWNHOUSE ON LOT ELEVEN UNIT: B AKA VAIL ROWHOUSE UNIT 11B 7. VAIL VILLAGE FILING 1 BLOCK: 5 LOT: 12 AKA VAIL ROWHOUSE UNIT 12 8. OGLESBY/STOREY CONDOS UNIT: 1 AKA VAIL ROWHOUSE UNIT 13 9. OGLESBY/STOREY CONDOS UNIT: 2 AKA VAIL ROWHOUSE UNIT 13 10. VAIL VILLAGE FILING 4 LOT: 1 AKA TEXAS TOWNHOME LOT 1 11. TOWNHOUSE LOT 2 VAIL VILL 4TH LOT: 1 AKA TEXAS TOWNHOME LOT 2(1) 12. TOWNHOUSE LOT 2 VAIL VILL 4TH LOT: 2 AKA TEXAS TOWNHOME LOT 2(2) 13. VAIL VILLAGE FILING 4 LOT: 3 AKA TEXAS TOWNHOME LOT 3 14. MURFREE CONDO UNIT: 4A AKA TEXAS TOWNHOME LOT 4(A) 15. MURFREE CONDO UNIT: 4B AKA TEXAS TOWNHOME LOT 4(B) 16. FORBES/PARKER CONDOMINIUMS UNIT: 5A AKA TEXAS TOWNHOME LOT 5(A) 17. FORBES/PARKER CONDOMINIUMS UNIT: 5B AKA TEXAS TOWNHOME LOT 5(B) 18. TOWNHOUSE LOT 6 VAIL VILL 4TH LOT: 6 UNIT 1 AKA TEXAS TOWNHOME LOT 6(1) 19. TOWNHOUSE LOT 6 VAIL VILL 4TH LOT: 6 UNIT 2 AKA TEXAS TOWNHOME LOT 6(2) 20. TOWNHOUSE LOT 7 VAIL VILL 4TH LOT: 7 UNIT 1 AKA TEXAS TOWNHOME LOT 7(1) 21. TOWNHOUSE LOT 7 VAIL VILL 4TH LOT: 7 UNIT 2 AKA TEXAS TOWNHOME LOT 7(2) 22. VAIL VILLAGE FILING 4 LOT: 8 AKA TEXAS TOWNHOME LOT 8 23. VAIL VILLAGE FILING 4 LOT: 9 AKA TEXAS TOWNHOME LOT 9 FROM THE HIGH DENSITY MULTIPLE-FAMILY DISTRICT TO THE VAIL VILLAGE TOWNHOUSE DISTRICT, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the “Town”), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the “Charter”); and, 3/18/2014 Ordinance No. 9, Series 2014 - 2 - WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly elected and qualified; and, WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for amending a zone district boundary; and, WHEREAS, the subject properties, described in Exhibit A, attached hereto and incorporated herein by this reference, (the “subject properties”); and, WHEREAS, on August 7, 1973, the Town of Vail adopted Ordinance No. 8, Series of 1973, to establish comprehensive zoning regulations for the Town of Vail. In establishing comprehensive regulations, this ordinance created 12 new zone districts including the High Density Multiple-Family District; and, WHEREAS, on August 21, 2012 the Vail Town Council adopted Ordinance No. 2 Series of 2012 establishing the Vail Village Townhouse Zone District; and WHEREAS, the purpose of the amendments is to establish incentives for the redevelopment of existing townhouse properties in Vail Village; and, WHEREAS, the purpose of the amendments is to preserve the existing character of the townhouse properties in Vail Village and to preserve the existing character of the neighborhood; and, WHEREAS, on February 10, 2014, the Town of Vail Planning and Environmental Commission held a public hearing on the zone district boundary amendment to rezone the subject properties from High Density Multiple-Family District to Vail Village Townhouse District; and, WHEREAS, on February 10, 2014, the Town of Vail Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for the zone district boundary amendment; and, WHEREAS, the Vail Town Council finds and determines that the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and, WHEREAS, the Vail Town Council finds and determines that the amendment to the Town Code furthers the general and specific purposes of the Zoning Regulations; and, WHEREAS, the Vail Town Council finds and determines that the amendment promotes the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and 3/18/2014 Ordinance No. 9, Series 2014 - 3 - residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. This ordinance adopts the following zone district boundary amendment as further described in Exhibit A: A rezoning from the High Density Multiple-Family District to Vail Village Townhouse District. Section 2. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the evidence and testimony presented in consideration of this ordinance, the Vail Town Council finds and determines the follows: a. The zone district boundary amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; b. The zone district boundary amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, c. The zone district boundary amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. d. This ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 3. 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 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, 3/18/2014 Ordinance No. 9, Series 2014 - 4 - Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of March, 2014, and a public hearing for second reading of this Ordinance set for the 4th day of April, 2014, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. __________________ Andrew P. Daly, Mayor ATTEST: _________________________ Tammy Nagel, Acting Town Clerk 3/18/2014 Ordinance No. 9, Series 2014 - 5 - Exhibit A 3/18/2014 Page 1 TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 10, 2014 SUBJECT: A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning from the High Density Multiple-Family District to the Vail Village Townhouse District, located at 303 Gore Creek Drive (Vail Rowhouses 7- 13) and 483 Gore Creek Drive (Texas Townhomes)/ Lots 7-13, A Resubdivision of Block 5 and a part of Gore Creek Drive, Vail Village Filing 1, and Lots 1 – 9 Vail Village Filing 4, and setting forth details in regard thereto. (PEC140002) Applicant: Town of Vail Planner: Jonathan Spence I. SUMMARY ZONE DISTRICT BOUNDARY AMENDMENT The applicant, Town of Vail, has submitted a rezoning application for the Planning and Environmental Commission’s review to rezone the properties known as the Vail Rowhouses (7-13) and the Texas Townhomes, located at 303 and 483 Gore Creek Drive respectively. Based upon Staff’s review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for the proposed zone district boundary amendment application, subject to the findings noted in Section IX of this memorandum. II. DESCRIPTION OF THE REQUEST The Town of Vail is proposing a zone district boundary amendment to the parcels listed below from the High Density Multiple-Family District to the Vail Village Townhouse District. 3/18/2014 Town of Vail Page 2 1. VAIL VILLAGE FILING 1 BLOCK: 5 LOT: 7 AKA VAIL ROWHOUSE UNIT 7 2. VAIL VILLAGE FILING 1 BLOCK: 5 LOT: 8 AKA VAIL ROWHOUSE UNIT 8 3. VAIL VILLAGE FILING 1 BLOCK: 5 LOT: 9 AKA VAIL ROWHOUSE UNIT 9 4. VAIL VILLAGE FILING 1 BLOCK: 5 LOT: 10 AKA VAIL ROWHOUSE UNIT 10 5. TOWNHOUSE ON LOT ELEVEN UNIT: A AKA VAIL ROWHOUSE UNIT 11A 6. TOWNHOUSE ON LOT ELEVEN UNIT: B AKA VAIL ROWHOUSE UNIT 11B 7. VAIL VILLAGE FILING 1 BLOCK: 5 LOT: 12 AKA VAIL ROWHOUSE UNIT 12 8. OGLESBY/STOREY CONDOS UNIT: 1 AKA VAIL ROWHOUSE UNIT 13 9. OGLESBY/STOREY CONDOS UNIT: 2 AKA VAIL ROWHOUSE UNIT 13 10. VAIL VILLAGE FILING 4 LOT: 1 AKA TEXAS TOWNHOME LOT 1 11. TOWNHOUSE LOT 2 VAIL VILL 4TH LOT: 1 AKA TEXAS TOWNHOME LOT 2(1) 12. TOWNHOUSE LOT 2 VAIL VILL 4TH LOT: 2 AKA TEXAS TOWNHOME LOT 2(2) 13. VAIL VILLAGE FILING 4 LOT: 3 AKA TEXAS TOWNHOME LOT 3 14. MURFREE CONDO UNIT: 4A AKA TEXAS TOWNHOME LOT 4(A) 15. MURFREE CONDO UNIT: 4B AKA TEXAS TOWNHOME LOT 4(B) 16. FORBES/PARKER CONDOMINIUMS UNIT: 5A AKA TEXAS TOWNHOME LOT 5(A) 17. FORBES/PARKER CONDOMINIUMS UNIT: 5B AKA TEXAS TOWNHOME LOT 5(B) 18. TOWNHOUSE LOT 6 VAIL VILL 4TH LOT: 6 UNIT 1 AKA TEXAS TOWNHOME LOT 6(1) 19. TOWNHOUSE LOT 6 VAIL VILL 4TH LOT: 6 UNIT 2 AKA TEXAS TOWNHOME LOT 6(2) 20. TOWNHOUSE LOT 7 VAIL VILL 4TH LOT: 7 UNIT 1 AKA TEXAS TOWNHOME LOT 7(1) 21. TOWNHOUSE LOT 7 VAIL VILL 4TH LOT: 7 UNIT 2 AKA TEXAS TOWNHOME LOT 7(2) 22. VAIL VILLAGE FILING 4 LOT: 8 AKA TEXAS TOWNHOME LOT 8 23. VAIL VILLAGE FILING 4 LOT: 9 AKA TEXAS TOWNHOME LOT 9 A complete property list including ownership and assessor’s parcel numbers can be found as Attachment C. A vicinity map (Attachment A), the proposed rezoning map (Attachment B) and written public comment received (Attachment D) have been attached for review and inclusion in the record. III. BACKGROUND On August 21, 2012 the Vail Town Council adopted Ordinance No. 2 Series of 2012 establishing the Vail Village Townhouse Zone District. The Vail Village Townhouse (VVT) District was adopted following numerous public hearings before the Planning and Environmental Commission and the Town Council first, as a private property owner initiated application and later, as a Community Development staff led effort. This zone district was established for the following purposes: 1. To provide for the regulation of existing townhouse properties in Vail Village that were legally non-conforming in regard to the provisions of the High Density Multiple-Family District. 2. To create incentives for the redevelopment of the existing townhouse properties in Vail Village. 3/18/2014 Town of Vail Page 3 3. To preserve the existing character of the townhouse properties in Vail Village and the existing character of the neighborhood. With the Vail Village Townhouse Zone District in place, staff reached out to the property owners of the parcels originally identified as potentially suitable for a Community Development Department initiated rezoning. Those properties included the Vail Rowhouses (7-13) and the Texas Townhomes in addition to the Vail Rowhouses (1-6), Vail Trails Chalet and Vail Trails East. A first correspondence requesting feedback was initiated on August 1, 2013 with a second request occurring on November 18, 2013. The deadline for feedback from the November 18th request was December 9, 2013. Vail Row Houses (1-6), Vail Trails Chalets and Vail Trails East have submitted letters of opposition representing their 56 units. Opposition has also been received from the owners of units 11 and 11B of Vail Rowhouses and the owners of units 6 and 6B in the Texas Townhomes. Of the approximately 77 units, staff has received opposition from 60, support from 4 and no response from the remaining 13. On December 17, 2013 the Vail Town Council instructed staff to submit a rezoning application for the properties known as The Vail Rowhouses (7-13) and the Texas Townhomes, omitting from the application the Vail Rowhouses (1-6), Vail Trails Chalet and Vail Trails East. On January 10, 2014 staff notified the owners of the properties affected by the proposed rezoning of the proposal and the planned meeting dates. This correspondence was in addition to the formal notice which was sent to the property owners on January 23, 2014 and published in the Vail Daily on January 24, 2014. IV. ROLES OF THE REVIEWING BODIES Planning and Environmental Commission: The Planning and Environmental Commission is responsible for forwarding a recommendation to the Vail Town Council of approval, approval with modifications, or denial of zone district boundary amendment applications, in accordance with the provisions of Section 12-3-7, Amendment, Vail Town Code, Design Review Board: The Design Review Board has no review authority over a zone district boundary amendment. However, the Design Review Board is responsible for the final approval, approval with modifications, or denial of any accompanying design review application. Town Council: The Town Council shall consider but shall not be bound by the recommendation of the Planning and Environmental Commission. The Town Council may cause an ordinance to be introduced to change zone district boundaries, either in accordance with the recommendation of the planning and environmental commission or in modified form, or the council may deny the petition. If the Council elects to proceed with an ordinance amending the regulations or changing zone 3/18/2014 Town of Vail Page 4 district boundaries, or both, the ordinance shall be considered as prescribed by the charter of the town. V. APPLICABLE REGULATIONS VAIL LAND USE PLAN CHAPTER II: LAND USE PLAN GOALS / POLICIES (in part) The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows: 1. General Growth / Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.12 Vail should accommodate most of the additional growth in existing developed areas (in fill areas). 2. Skier / Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors 4. Village Core / Lionshead 3/18/2014 Town of Vail Page 5 4.2. Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guide Plan and the Vail Village Master Plan. 4.3. The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains) 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.2. Quality time share units should be accommodated to help keep occupancy rates up. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. VAIL VILLAGE MASTER PLAN CHAPTER V. GOALS, OBJECTIVES, AND ACTION STEPS GOAL # 1: Encourage high quality, redevelopment while preserving unique architectural scale of the village in order to sustain its sense of community and identity. Objective 1. 1 Implement a consistent development review process to reinforce the character of the Village. Objective 1. 2: Encourage the upgrading and redevelopment of residential and commercial facilities. Policy 1. 2. 1: Additional development may be allowed as identified by the Action Plan and as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. Objective 1. 4: Recognize the “historic" importance of the architecture, structures, landmarks, plazas and features in preserving the character of Vail Village. Policy 1. 4. 2 The Town may grant flexibility in the interpretation and implementation of its regulations and design guidelines to help protect and maintain the existing character of Vail Village. GOAL # 2: To foster a strong tourist industry and promote year- around economic health and viability for the village and for the community as a whole. 3/18/2014 Town of Vail Page 6 Objective 2. 1: Recognize the variety of land uses found in the 11 sub –areas throughout the Village and allow for development that is compatible with these established land use patterns. Policy 2. 1. 1: The zoning code and development review criteria shall be consistent with the overall goals and objectives of the Vail Village Master Plan. GOAL # 3: To recognize as a top priority the enhancement of the walking experience throughout the village. Policy 3. 1. 1: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. Objective 3. 2: Minimize the amount of vehicular traffic in the Village to the greatest extent possible. GOAL # 5: Increase and improve the capacity, efficiency, and aesthetics of the transportation and circulation systems throughout the village. Policy 5. 1. 5: Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. CHAPTER VII: Vail Village Sub –Areas East Gore Creek Sub -Area (#6) A number of the earliest projects developed in Vail are located in the East Gore Creek Sub -Area. Development in this area is exclusively multi –family condominium projects with a very limited amount of support commercial. Surface parking is found at each site, which creates a very dominant visual impression of the sub -area. 3/18/2014 Town of Vail Page 7 While the level of development in East Gore Creek is generally greater than that allowed under existing zoning, this area has the potential to absorb density without compromising the character of the Village. This development could be accommodated by partial infill of existing parking areas balanced by green space additions or through increasing the height of existing buildings (generally one story over existing heights). In order to maintain the architectural continuity of projects, additional density should be considered only in conjunction with the comprehensive redevelopment of projects. Clearly, one of the main objectives to consider in the redevelopment of any property should be to improve existing parking facilities. This includes satisfying parking demands for existing and additional development, as well as design considerations relative to redevelopment proposals. The opportunity to introduce below grade structured parking will greatly improve pedestrianization and landscape features in this area. This should be considered a goal of any redevelopment proposal in this sub -area. Development or redevelopment of this sub -area will attract additional traffic and population into this area and may have significant impacts upon portions of Sub -Areas 7 and 10. TITLE 12: ZONING REGULATIONS Chapter 12-1: Title, Purpose, Applicability (in part) 12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 3/18/2014 Town of Vail Page 8 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Chapter 12-2: Definitions (in part) LOT OR SITE: A parcel of land occupied or intended to be occupied by a use, building, or structure under the provisions of this title and meeting the minimum requirements of this title. A lot or site may consist of a single lot of record, a portion of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds. Article 12-6H: High Density Multiple-Family District (in part) 12-6H-1: PURPOSE: The high density multiple-family district is intended to provide sites for multiple-family dwellings at densities to a maximum of twenty five (25) dwelling units per acre, together with such public and semipublic facilities and lodges, private recreation facilities and related visitor oriented uses as may appropriately be located in the same zone district. The high density multiple-family district is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. Article 12-6J: Vail Village Townhouse Zone District (in part) 12-6J-1: PURPOSE: The Vail Village townhouse district is intended to provide sites for, and maintain the unique residential character of, existing townhouse properties in the East Gore Creek subarea of the Vail Village master plan area. This zone district was specifically 3/18/2014 Town of Vail Page 9 developed to only be applied to the properties known at the time of the establishment of this district as the Vail townhouses condominium, Vail row houses, Vail trails chalets, Vail trails east condominiums and the Texas townhomes. The Vail Village townhouse district is intended to ensure adequate light, air, open space, and other amenities commensurate with townhomes, and to maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and year round community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. This zone district was established to regulate existing townhome properties that were legally nonconforming in the high density multiple-family district. The Vail Village townhouse district is meant to encourage and provide incentives for redevelopment of existing townhouse properties in accordance with the Vail Village master plan. The incentives in this zone district include addressing both townhouse projects and individually platted townhouse lots, reductions in lot area standards, reductions in setbacks, increases in density, increases in gross residential floor area (GRFA), and changes in parking design requirements. More restrictive design considerations have been applied to these properties in accordance with the Vail Village master plan to maintain the unique residential character of existing townhouse developments in Vail Village. 12-6J-2: PERMITTED USES: The following uses shall be permitted in the VVT district: Employee housing units, as further regulated by chapter 13 of this title. Multiple-family residential dwellings, including attached and row dwellings and condominium dwellings. 12-6J-3: CONDITIONAL USES: The following conditional uses shall be permitted in the VVT district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Home child daycare facilities, as further regulated by section 12-14-12 of this title. Public buildings, grounds and facilities. Public utility and public service uses. Timeshare units. 3/18/2014 Town of Vail Page 10 12-6J-4: ACCESSORY USES: The following accessory uses shall be permitted in the VVT district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. (Ord. 2(2012) § 4) 3/18/2014 Page 11 VI. COMPARISON OF HIGH DENSITY MULTIPLE-FAMILY (HDMF) AND VAIL VILLAGE TOWNHOUSE (VVT) DISTICTS Development Standard HDMF District VVT District_______________ Lot Area/Site Dimensions Townhouse Project Minimum Area 10,000 sq. ft. 10,000 sq. ft. Individually Platted Townhouse Lot N/A 2,000 sq. ft. Minimum Frontage 30 feet 20 feet Minimum Square Area 80 feet per side N/A Setbacks Front 20 feet 20 feet Side 20 feet 20 feet Rear 20 feet 20 feet Between Townhouse Units N/A 0 feet Height 45 feet flat/ 48 feet sloping 35 feet flat/ 38 feet sloping Density 0.67 GRFA Unlimited GRFA No More than 25 du per acre No More than 25 du’s per acre or what is existing, whichever is greater Site Coverage 55% of total site area 55% of total site Landscaping 30 % with area minimums 30 % with area minimums Parking Quantity/Design Per 12-10, Vail Town Code Per 12-10, Vail Town Code Parking Location Per HDMF Requirements Per VVT Requirements 3/18/2014 Page 12 VII. SURROUNDING LAND USES AND ZONING Existing Use Zoning District North: Open Space, Natural Area Outdoor Recreation (OR) and Natural Area Preservation (NAP) South: Residential, Lodging High Density Multiple Family (HDMF), Public Accommodation (PA), Parking (P), SDD #17, SDD #19 and SDD #28 West: Open Space, Commercial Outdoor Recreation (OR), Commercial Core 1 (CC1) and High Density Multiple Family (HDMF) East: Residential SDD #38, General Use (GU) and High Density Multiple Family (HDMF) VIII. REVIEW CRITERIA ZONE DISTRICT BOUNDARY AMENDMENT Before acting on a zone district boundary amendment application, the Planning and Environmental Commission shall consider the following factors with respect to this proposal: 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. Staff finds the proposed rezoning to be consistent with the following goals of the Vail Land Use Plan: 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.12 Vail should accommodate most of the additional growth in existing developed areas (in fill areas). 3/18/2014 Town of Vail Page 13 2.1 The community should emphasize its role as a destination resort while accommodating day visitors 4.2. Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guide Plan and the Vail Village Master Plan. 4.3. The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains) 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.2. Quality time share units should be accommodated to help keep occupancy rates up. 5.4. Residential growth should keep pace with the market place demands for a full range of housing types. Staff finds the proposed rezoning to be consistent with the following general and specific purposes of the Town’s adopted Zoning Regulations: 12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 3/18/2014 Town of Vail Page 14 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Staff finds the proposed rezoning to be consistent with the following purpose of the Vail Village Townhouse District identified in Section 12-6J-1, Purpose, Vail Town Code: The Vail Village Townhouse District is intended to provide sites for, and maintain the unique residential character of, existing townhouse properties in the East Gore Creek subarea of the Vail Village master plan area. This zone district was specifically developed to only be applied to the properties known at the time of the establishment of this district as the Vail Rowhouses condominium, Vail Rowhouses (7-13), Vail Trails Chalets, Vail Trails East Condominiums and the Texas Townhomes. The Vail Village Townhouse District is intended to ensure adequate light, air, open space, and other amenities commensurate with townhomes, and to maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and year round community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. This zone district was established to regulate existing townhome properties that were legally nonconforming in the High Density Multiple-Family District. The Vail Village Townhouse District is meant to encourage and provide incentives for redevelopment of existing townhouse properties in accordance with the Vail Village Master Plan. The incentives in this zone district include addressing both townhouse projects and individually platted townhouse lots, reductions in lot area standards, reductions in setbacks, increases in density, increases in gross residential floor area (GRFA), and changes in parking design requirements. More restrictive design considerations have been applied to these properties in accordance with the Vail Village Master Plan to maintain the unique residential character of existing townhouse developments in Vail Village. Therefore, Staff finds the proposed rezoning meets this review criterion. 3/18/2014 Town of Vail Page 15 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents. Multi-family residential dwellings, including attached and row dwellings are allowed as a permitted use in the Vail Village Townhouse District The proposed rezoning continues to allow the existing uses on the site but corrects a number of nonconformities that existed previously under the High Density Multiple-Family Zone District. It should be noted that not all nonconformities will be eliminated with this action. Variances, although greatly reduced in number and degree, may still be necessary in some circumstances. Surrounding uses include residential, lodging and commercial uses in a resort setting. The scale and intensity of these uses is compatible with the uses permitted under the Vail Village Townhouse Zone District. Staff finds that the proposed rezoning is suitable with the existing and potential uses on the site and with potential and existing surrounding uses. Therefore, Staff finds the proposed rezoning meets this review criterion. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. Staff believes the existing residential properties currently have a harmonious, convenient, and workable relationship among land uses in the surrounding neighborhood. Staff does not believe the proposed rezoning of the subject property will alter this relationship. As a component of the establishment of the VVT Zone District, the Vail Village Mater Plan was amended by Resolution No. 7, Series of 2012. These amendments include design considerations that will, in concert with the dimensional standards of the zone district, ensure the continued, harmonious relationship between land uses. Therefore, Staff finds the proposed rezoning meets this review criterion. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. This zone district amendment provides the appropriate incentives for the orderly redevelopment of the subject properties. The development standards of the Vail Village Townhouse Zone District, working with the VVT specific design considerations of the Vail Village Master Plan, will provide for appropriate, compatible development. This zoning amendment does not result in the granting of privilege nor is it incompatible with the Vail Village Master Plan, two tests for a determination of spot zoning. Therefore, Staff does not believe the applicant’s proposal constitutes a spot zoning and therefore finds the proposed rezoning meets this review criterion. 3/18/2014 Town of Vail Page 16 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. Staff finds that rezoning of this property from the High Density Multiple-Family District to the Vail Village Townhouse District will not alter the impacts on the natural environment in comparison to existing conditions. The Town of Vail owned streamtract is located directly to the north of both the Vail Rowhouses (7-13) and the Texas Townhomes. The fifty foot (50’) required setback from the centerline of the Gore Creek is not entirely within the streamtract and does impact these properties. The required watercourse setback will not be altered as a result of the proposed zone change and the streamtract will continue to be monitored for possible encroachments. Therefore, Staff finds the proposed rezoning meets this review criterion. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. As identified above, Staff finds that the proposed rezoning is consistent with the purpose of the Vail Village Townhouse Zone District as outlined in Section V of this memorandum. Therefore, Staff believes the proposed rezoning meets this review criterion. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. The subject properties were constructed between 1963 and 1965 prior to the incorporation of the Town of Vail in 1966 and the first zoning regulations in 1973. The Town of Vail’s articulated desires for the timely and appropriate redevelopment of the subject properties render the existing High Density Multiple-Family zone designation inappropriate. Therefore, Staff believes the proposed rezoning meets this review criterion. 8. Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning. IX. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning from the High Density Multiple- Family District to the Vail Village Townhouse District, for the properties located at 303 Gore Creek Drive (Vail Rowhouses 7-13) and 483 Gore Creek Drive (Texas Townhomes)/ Lots 7-13, A Resubdivision of Block 5 and a part of Gore Creek Drive, Vail Village Filing 1, and Lots 1 – 9 Vail Village Filing 4, and setting forth details in 3/18/2014 Town of Vail Page 17 regard thereto. This recommendation is based upon the review of the criteria outlined in Section IX of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission makes the following motion: “The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning from the High Density Multiple-Family District to the Vail Village Townhouse District, for the properties located at 303 Gore Creek Drive (Vail Rowhouses 7- 13) and 483 Gore Creek Drive (Texas Townhomes)/ Lots 7-13, A Resubdivision of Block 5 and a part of Gore Creek Drive, Vail Village Filing 1, and Lots 1 – 9 Vail Village Filing 4, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to recommend approval of this request; the Community Development Department recommends the Commission makes the following findings: “Based upon the review of the criteria outlined in Sections IX of the Staff memorandum to the Planning and Environmental Commission dated February 10, 2014, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.” X. ATTACHMENTS A. Vicinity Map B. Rezoning Map C. Property List D. Public Comment 3/18/2014 PIN Owner Name Physical Property Address Legal Description per Eagle County Assessor 210108231001 APPEL, LISA LEVIN 303 Gore Creek Drive VAIL VILLAGE FILING 1 Block: 5 Lot: 7 AKA VAIL ROWHOUSE UNIT 7 210108231002 SHIRLEY, ERICKSON S. 303 Gore Creek Drive VAIL VILLAGE FILING 1 Block: 5 Lot: 8 AKA VAIL ROWHOUSE UNIT 8 210108231003 CHRISTOPHER B. GALVIN REVOCABLE TRUST 303 Gore Creek Drive VAIL VILLAGE FILING 1 Block: 5 Lot: 9 AKA VAIL ROWHOUSE UNIT 9 210108231013 SUN UP TRUST 303 Gore Creek Drive VAIL VILLAGE FILING 1 Block: 5 Lot: 10 AKA VAIL ROWHOUSE UNIT 10 210108231009 BRIDGEWATER, B.A., JR & BARBARA P. 303 Gore Creek Drive TOWNHOUSE ON LOT ELEVEN Unit: A AKA VAIL ROWHOUSE UNIT 11A 210108231010 BRIDGEWATER, B.A., JR & BARBARA P. 303 Gore Creek Drive TOWNHOUSE ON LOT ELEVEN Unit: B AKA VAIL ROWHOUSE UNIT 11B 210108231007 GALVIN, MICHAEL P. - ETAL 303 Gore Creek Drive VAIL VILLAGE FILING 1 Block: 5 Lot: 12 AKA VAIL ROWHOUSE UNIT 12 210108231011 VAIL RETREAT LLC 303 Gore Creek Drive OGLESBY/STOREY CONDOS Unit: 1 210108231012 VAIL RETREAT LLC 303 Gore Creek Drive OGLESBY/STOREY CONDOS Unit: 2 210108235016 PARKER, FOXHALL A. & HELEN W. 483 Gore Creek Drive VAIL VILLAGE FILING 4 Lot: 1 210108272002 GORDON, LORIE 483 Gore Creek Drive TOWNHOUSE LOT 2 VAIL VILL 4TH Lot: 1 210108272003 GORDON, LORIE 483 Gore Creek Drive TOWNHOUSE LOT 2 VAIL VILL 4TH Lot: 2 210108235004 WOODHULL TRUST JOHN AND BARBARA WOODHULL TRUSTEES 483 Gore Creek Drive VAIL VILLAGE FILING 4 Lot: 3 210108273005 WOODHULL FAMILY 2010 TRUST FBO ELIZABETH W. PERKINS 483 Gore Creek Drive MURFREE CONDO Unit: 4A 210108273006 WOODHULL FAMILY 2010 TRUST FBO JOHN A. WOODHULL 483 Gore Creek Drive MURFREE CONDO Unit: 4B 210108274008 EDWARDS, LEE MACCORMICK 483 Gore Creek Drive FORBES/PARKER CONDOMINIUMS Unit: 5A 210108274007 GORDON, LORIE 483 Gore Creek Drive FORBES/PARKER CONDOMINIUMS Unit: 5B 210108275014 MACCORMICK, ALEXANDER 483 Gore Creek Drive TOWNHOUSE LOT 6 VAIL VILL 4TH Lot: 6 UNIT 1 210108275015 MACCORMICK, ALEXANDER 483 Gore Creek Drive TOWNHOUSE LOT 6 VAIL VILL 4TH Lot: 6 UNIT 2 210108276011 PROCHNOW, CHRISTOPHER T. & ANN T. 483 Gore Creek Drive TOWNHOUSE LOT 7 VAIL VILL 4TH Lot: 7 UNIT 1 210108276010 HELEN H. CHATFIELD TRUST 483 Gore Creek Drive TOWNHOUSE LOT 7 VAIL VILL 4TH Lot: 7 UNIT 2 210108235009 LIGHTHALL, DIANE GAMEL 483 Gore Creek Drive VAIL VILLAGE FILING 4 Lot: 8 210108235001 LIGHTHALL, DIANE GAMEL 483 Gore Creek Drive VAIL VILLAGE FILING 4 Lot: 9 TOGETHER WITH A PORTION OF LOT A, BLOCK 1, VAIL VILLAGE FILING 7 3/18/2014 3/18/2014 3/18/2014 From:Chris Galvin To:Council Dist List ; Jonathan Spence; Warren Campbell; Stan Zemler ; jflamont@vail.net; gigi@oddlotent.com Subject:Vail TownHouse Re-Zoning Date:Friday, December 13, 2013 12:01:02 PM Dear Town Council Members: As many of you are aware, it was my application that started the three year process to create the new Vail Village Townhouse District which was adopt a year and a half ago. My team, the PEC, and the Town Council worked tirelessly to develop a district that everyone could agree to. Its appears now that there is some opposition to being rezoned and I believe the primary reason for the opposition was that the building height restriction went too far: from the 48' allowed today to the 38' in the adopted ordinance. There were many trade-offs included in the ordinance. Design elements like requiring the second and third floors to setback further from the street. Elements that did a very good job at protecting the character of Vail Village. The PEC actually recommended 43', a reduction of 5' from the current HDMF. This is consistent with the maximum height in the Village core, the Vail Village Urban Design Guide Plan, and the Vail Village Master Plan. I believe that 43' for sloping roofs may be the right number and believe that similarly situated properties such as Vail Rowhouses, Vail Townhouse Condos (Vail Rowhouses 1-6), and Texas Townhomes and most of their owners would agree to this. The Town should take the time to verify with the owners of Vail Townhouse Condos (1-6 Vail Rowhouses) and Texas Townhomes that the height is in fact the significant reason for being opposed. The majority of Vail Rowhouses 7-13 are supportive of the rezoning. If we verify that there is support amongst these three properties for 43', I would like to suggest that you bring forward two ordinances: one to change the height from 38' to 43' in the VVT District and the other to rezone the Vail Row House properties (1-13) and the Texas Townhomes. You can always exclude from the rezoning Mr. Bridgewater's property (Lot 11) without negatively affecting the remaining properties I also believe it is appropriate that you not rezone Vail Trails Chalets and Vail Trails East at this time. They have their own redevelopment ideas which may involve adding new density and dwelling units. Those owners have expressed interest in developing a more robust plan for their buildings which should not slow the redevelopment efforts of the other properties. They would always have the right to come back later and request a rezoning. Thank again for all of your support and help over the last 5 years. Sincerely, Chris 3/18/2014 Christopher B. Galvin HARRISON STREET | Capital LLC 71 South Wacker Drive | Suite 3575 Chicago, Illinois 60606 | Tel. 312-920-0600 Email: cgalvin@harrisonst.com (Dictated via Dragon – Transcription errors possible) 3/18/2014 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: March 18, 2014 ITEM/TOPIC: Lionshead Parking Structure Entry Improvements PRESENTER(S): Tom Kassmel ACTION REQUESTED OF COUNCIL: Award Construction Contract BACKGROUND: The purpose of Lionshead Parking Structure Entry Improvement project is to improve the operational efficiency, safety, guest experience and aesthetics of the Lionshead Parking Structure Entry. STAFF RECOMMENDATION: Staff recommends directing the Town Manager to enter into a contract with MW Golden Constructors in the amount of $1,819,973 ATTACHMENTS: Plan Set Memo 3/18/2014 3/18/2014 ISSUE FOR BIDDING,NOT FOR CONSTRUCTION 3/18/2014 3/18/2014 3/18/2014 3/18/2014 3/18/2014 To: Town Council From: Public Works Date: 3-18-14 Subject: Lionshead Parking Structure Entry Improvements Bid Award I. SUMMARY The purpose of Lionshead Parking Structure Entry Improvement project is to improve the operational efficiency, safety, guest experience and aesthetics of the Lionshead Parking Structure Entry. The project includes the following improvements; • Separate and offset entry and exit lanes to eliminate confusion and increase vehicular queue capacity. • Widen entry/exit plaza to accommodate more vehicles and to add one additional lane to provide 3 entry and 3 exit lanes. Still maintaining the ability to convert one lane to a reversible lane for future needs as necessary. • Widen top exiting parking structure ramp to accommodate 2 lanes of exiting vehicles. • Demo existing 4 attendant booths and replace with 2 new attendant booths and 1 supervisors booth. Remaining lanes will have only automated equipment. • Add an architectural feature roof above the main entry/exit point to provide guest entry experience and recognition, protect booths and equipment, and provide ability to install easily recognizable overhead signage. It is intended for the roof structure to complement the existing LH Transit and Welcome Centers buildings. • Provide new striping and signage at entry intersection to better designate lanes and identify entry from the Frontage Road. No other Frontage Improvements will be done at this time, so that necessary turn lanes are not triggered by CDOT. • Add landscape to breakup the hardscape and buffer the visual of the charter bus lot. Still providing access to the charter bus lot. • Snowmelt the entry/exit transaction areas to provide a better guest experience, eliminate the need to plow within confined entry/exit lanes, eliminate vehicles sliding into booths and/or equipment, eliminate snow and ice build-up on gate loops so they function properly at all times. 3/18/2014 Town of Vail Page 2 • Provide a lower level “express exit” for pass holders, and reconfigure the existing skier drop off to function more safely and more efficiently by creating a one way skier drop off loop. This relieves some congestion from the top deck exit/entry without overloading East Lionshead Circle or creating the need for additional attendants at the lowest level. It also incentivizes the use of passes and provides pass holders with a quicker and more seamless experience. The project has a total project budget of $2.2 million funded by TIF dollars thru the Vail Reinvestment Authority (VRA). This project is scheduled to be constructed in this year’s spring and fall construction windows; April 21, 2014 thru June 27, 2014 September 2, 2014 thru November 15, 2014 The project has a contract construction budget of $1,725,000 and was publically bid this past month. The town received two bids well over budget within 5% of each other; MW Golden Constructors $2,106,000 FCI Constructors $2,217,000 In order to bring the project closer to budget, deduct alternates were included in the Bid process as well as completing a post bid value engineering (VE) process with both contractors. The revised bids with the acceptable deduct alternates and VE are; MW Golden Constructors $1,819,973 FCI Constructors $1,887,079 II. BID ANALYSIS The total project budget is $2.2 million, allocated as follows; Total Project Budget $ 2,200,000.00 Design Contract (Concept/Design/CD/CM) $ 255,500.00 Contingency, Signage & Testing $ 150,000.00 Earthwork Allowance (Based on Bid Unit Prices) $ 69,500.00 Construction Budget $ 1,725,000.00 Prior to the bid process the staff received an updated third party estimate from a qualified General Contractor. The updated estimate was ~$1.86 million, approximately $135k over the budgeted construction dollars. As a result staff and the design team added Deduct Alternatives to the bid. 3/18/2014 Town of Vail Page 3 The project was publically bid thru the month of February. The Town received two bids with deduct alternatives; Base Bid: MW Golden Constructors $2,106,000 FCI Constructors $2,217,000 Deduct Alternatives: Item Description MW Golden FCI Bid Base Bid $ 2,106,000.00 $ 2,217,000.00 Alt 1 Delete Bus Lot Reconstruction $ (65,440.00) $ (60,000.00) Alt 2 Delete Upper Ramp Widening $ (46,364.00) $ (50,000.00) Alt 3 Delete Snowmelt Boiler & Pumps $ (65,837.00) $ (110,000.00) Alt 3 Clarification $ (31,580.00) Alt 4 Delete Lower Level Ramp $ (70,247.00) $ (65,000.00) Alt 5 Custom to Standard Steel Beam $ (25,440.00) $ (20,000.00) Alt 6 High Performance Coating $ (14,945.00) $ (12,000.00) Alt 7 Structural Glue Lam Material $ (8,686.00) $ (19,000.00) Alt 8 Deleted Alt 9 Deleted Alt 10 Ext. Soffit Alt Material #1 $ 7,483.00 $ (20,000.00) Alt 11 Ext. Soffit Alt Material #2 $ (25,000.00) Alt 12 Ext. Soffit Alt Material #3 $ (35,000.00) In order to bring the project closer within budget staff completed a Value Engineering (VE) process with both contractors. The result of that effort compiled a list of possible additional VE items, of those the following were deemed acceptable; Acceptable VE 1. Drainage and grading modification to the Charter Bus Lot ($45,848) Minimized the reconstruction of the Charter Bus lot in order for the project to match existing grades, couples with Alt. 1 2. Simplify landscape median between entrance and exit lanes ($46,365) Modified the stone veneered planter wall to a 12” concrete curb 3. Eliminate new south barrier gate ($32,939) To be replaced with existing modified gate Landscape Add Thru the entitlement process it was required for this project to improve the landscape on the south and east sides of the Charter Bus lot. This was not part of the original budget estimate, but was included in the base bid. The cost of this additional landscape is $22,642. 3/18/2014 Town of Vail Page 4 Based on the above original Deduct Alternatives, the Acceptable VE items, and the additional landscape costs, staff recommends the following; Accepting Alternates 1, 2, 5, 6, 7 for a savings of: ($160,875) Accepting VE for a savings of: ($125,152) For a total revised MW Golden construction contract price of: $1,819,973 Over the construction budget by the amount of: $95,000 Staff recommends awarding the contract to MW Golden in the amount of $1,819,973 and supplementing the existing project budget by $95,000. This additional budget can be offset by the more than $325,000 in VRA budget savings realized this year with the East Lionshead Circle Streetscape Improvement Project, completed last spring. The two elements of the project that are deleted as a result of this VE process includes; Widening and heating of the upper third level exit ramp Regrading/flattening of the approaches to the charter bus lot These two elements are considered benefits but not critical to this project. The widened and heated third level exit ramp would have provided a few more car queue spaces and would have provided better traction along the existing steep exit ramp. The reconstruction of the charter bus lot would have lessened the grade at the entrance to the charter bus lot, improving circulation into the lot. If Council would like to move forward with these elements the additional costs would be $46,364 and $111,288 respectively, in addition the supplemental request above. III. STAFF RECOMMENDATION Staff recommends directing the Town Manager to enter into a contract with MW Golden Constructors in the amount of $1,819,973 in a contract form approved by the Town attorney; and at a future meeting supplement the project budget in the amount of $95,000. IV. ATTACHMENTS Partial Design Plan Set 3/18/2014 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: March 18, 2014 ITEM/TOPIC: Review of the proposed Timber Ridge Development Agreement PRESENTER(S): George Ruther, Director of Community Development ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny the proposed Timber Ridge Development Agreement BACKGROUND: The Town of Vail ("Town") and Gorman & Company, Inc. ("Developer") are in the final stages of implementing a redevelopment plan for the easternmost 5.24 acres of property at the Timber Ridge Village Apartrments. To date, the Town and Developer have agreed upon both a Ground Lease and Deed Restriction intended to facilitate the redevelopment project. The approval of the Timber Ridge Development Agreement is one of only a few remaining issues to address by the Town and Developer. STAFF RECOMMENDATION: Town staff recommends the Vail Town Council approves the Development Agreement as presented. Staff finds the proposed Agreement addresses all of the necessary issues required to facilitate the redevelopment project as approved and agreed upon by the two parties. ATTACHMENTS: Developer Improvement Agreement 3/18/2014 2/25/2014 M:\DEVELOPMENT AGREEMENT V4 (FROM KCARBERRY).DOC DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (the "Agreement") is made this ______ day of _______________, 2014 (the "Effective Date"), by and between the Town of Vail, Colorado, a Colorado home rule municipality (the "Town"), and Lion's Ridge Apartment Homes, LLC, a Wisconsin limited liability company ("Developer") (individually a "Party" and collectively the "Parties"). WHEREAS, the Town is the owner of certain real property, more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, the Town has agreed to lease the Property to Developer for development of the Property for employee housing ("Development") pursuant to the Ground Lease dated _____________________, 2014 and between the Town and Developer (the "Ground Lease"); WHEREAS the Development is subject to a Deed Restriction in the form attached to the Ground Lease as Exhibit B; WHEREAS, the Town and Developer entered into a Pre-Development Agreement dated November 4, 2013 regarding the Property, which pre-Development Agreement shall be deemed superseded by this Agreement; and WHEREAS, the Parties wish to elaborate on the terms of the Development process and parameters of the Development. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. Obligations of the Town. The Town covenants and agrees as follows: a. The Town will be responsible for design and construction of any necessary rockfall mitigation systems, at the Town's sole cost. The rockfall mitigation systems shall be designed and constructed in accordance with Chapter 12-21 of the Vail Town Code. The rockfall mitigation shall be complete on or before August 15, 2014 unless a later date is mutually agreed upon by both Parties. b. The Town and Developer shall grant to each other, for the benefit of the Property and the Adjacent Property, such temporary construction easements across the Property and the Adjacent Property that are mutually determined to be necessary for the Development. Upon completion of the Development, appropriate permanent easements, including without limitation utility, drainage, and access easements, will be granted by the Parties for the benefit of the Property and the Adjacent Property. c. The Town shall refund 100% of all amounts paid by the Developer for the Town's construction and building materials use tax applicable to the Property, which refund shall be paid by the Town to Developer within 5 business days after Developer's payment to the Town. 3/18/2014 2/25/2014 M:\DEVELOPMENT AGREEMENT V4 (FROM KCARBERRY).DOC 2 2. Obligations of Developer. Developer covenants and agrees as follows: a. The Development shall at all times be subject to the Vail Town Code, and Developer shall be responsible for payment of the Town's typical and customary plan review fees for review of all plans for the Property. b. Developer shall be responsible for all demolition and building permit fees for permits issued by the Town in connection with the Development. c. Developer shall be solely responsible to procure financing for the Development. If Developer wishes to use federal funds for the Development, it shall be Developer's sole responsibility to procure such funds. d. At no time shall the Development eliminate access to or the ability to safely occupy or operate the Timber Ridge housing units currently existing on the real property adjacent to the Property, as more particularly described in the Ground Lease (the "Adjacent Property"). e. Developer shall, at its sole cost, construct new improvements on the Property in accordance with the construction standards set forth herein and other applicable law. "Improvements" means any buildings, structures, signage, streets, sidewalks, utilities or other improvements constructed or installed by Developer at any time upon the Property. Developer shall commence construction of the Improvements by August 15, 2014, unless a later date is mutually agreed to by both Parties, and shall achieve substantial completion of the Improvements on or before the date that is 16 months after the date that Developer commences construction of the Improvements, unless a later date is mutually agreed to by both Parties. f. Developer shall cooperate with and coordinate with the Town regarding construction of the rockfall mitigation. g. Prior to issuance of a building permit, Developer shall submit and obtain approval of a detailed waste removal management and operations plan specifically describing how waste and recycling will be accommodated and managed on the site. h. Prior to issuance of a building permit, Developer shall submit and obtain approval of a construction staging plan to the 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, and emergency access. i. Prior to issuance of a certificate of occupancy, Developer shall apply for and record a revocable right-of-way permit for any and all private property improvements located within Town rights-of-way. j. Prior to issuance of a building permit, Developer shall submit a Shoring and Excavation Plan to the Community Development Department for review and approval, which shall address such matters as excavation phasing, engineered shoring plans, detailed profiles and cross- sections, existing utilities, materials storage, and permanent and temporary easements. 3/18/2014 2/25/2014 M:\DEVELOPMENT AGREEMENT V4 (FROM KCARBERRY).DOC 3 k. Prior to the issuance of a certificate of occupancy, Developer shall make a one time payment in lieu of transportation improvements to the Town for mitigation of development impacts on the Town's transportation systems of $170,000. l. Prior to issuance of a building permit, Developer shall submit and obtain approval of 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 construction. In no instance shall the design or construction negatively impact the adjacent properties or improvements. m. Prior to issuance of a building permit, Developer shall submit and obtain approval of a revised grading plan for the west end of the Property demonstrating how the existing portions of the parking lot and drive aisles to remain tie into the proposed new improvements. n. Prior to applying for a building permit, Developer shall obtain a Notice to Proceed from the Colorado Department of Transportation ("CDOT"). o. Developer shall not apply for a building permit until the Town has approved a parking management plan for the Development. 3. Construction of Improvements. a. All construction, alterations, renovations, repairs, refurbishment and other work on the Property shall be performed in compliance with this Agreement, the Deed Restriction, the Vail Town Code and the following: b. Work shall be done in a workmanlike manner, in full compliance with all applicable building codes, ordinances, and other laws or regulations of all governmental authorities having jurisdiction. c. No work shall be commenced without all licenses, permits, and authorizations required by applicable law. d. Developer shall have no right, authority or power to bind the Town or any interest of the Town in the Property for any claim for labor or for material or for any other charge or expense incurred in constructing any Improvements or performing any alteration, renovation, repair, refurbishment or other work, nor to render the Town's interest in the Property liable for any lien or right of lien for any labor, materials or other charge or expense. e. Developer shall not be considered the agent of the Town in the construction, erection or operation of any Improvements. 4. Notices. Any notice under this Agreement shall be in writing and may be given by U.S. Mail, postage prepaid, addressed as set forth herein; or hand-delivery. Notice shall be effective three days after mailing or immediately upon hand-delivery. The addresses of the Parties shall, unless changed in writing, be as follows: 3/18/2014 2/25/2014 M:\DEVELOPMENT AGREEMENT V4 (FROM KCARBERRY).DOC 4 The Town: Town Manager Town of Vail 75 South Frontage Road Vail, CO 81657 Developer: Lion's Ridge Apartment Homes, LLC 200 North Main Street Oregon, WI 53575 Attn: Gary J. Gorman With a copy to: Willis J. Wright, Jr. Wright and Company, Inc. P.O. Box 7270 Avon, CO 81620 5. Costs. Except as otherwise set forth herein, each Party shall be responsible for its own costs under this Agreement. 6. Modification. This Agreement may only be modified by subsequent written agreement of the Parties. 7. Integration. This Agreement and any attached exhibits constitute the entire agreement between Developer and the Town, superseding all prior oral or written communications. This Agreement shall supersede the Pre-Development Agreement between the Town and Developer dated November 4, 2013. 8. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors and assigns. 9. Severability. If any provision of this Agreement is determined to be void by a court of competent jurisdiction, such determination shall not affect any other provision hereof, and all of the other provisions shall remain in full force and effect. 10. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. 11. Assignment. There shall be no transfer or assignment of any of the rights or obligations of Developer under this Agreement without the prior written approval of the Town; provided, however, that Developer may make a single assignment of this Agreement to a limited liability company in which Developer is a member without such prior written approval. Developer shall provide the Town with written notice of such assignment within thirty (30) days thereof. 12. Third Parties. There are no intended third-party beneficiaries to this Agreement. 13. Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado Constitution, any financial obligations of the Town under this Agreement are specifically contingent upon annual 3/18/2014 2/25/2014 M:\DEVELOPMENT AGREEMENT V4 (FROM KCARBERRY).DOC 5 appropriation of funds sufficient to perform such obligations. This Agreement shall never constitute a debt or obligation of the Town within any statutory or constitutional provision. 14. No Joint Venture. Notwithstanding any provision hereof, the Town shall never be a joint venture in any private entity or activity which participates in this Agreement, and the Town shall never be liable or responsible for any debt or obligation of any participant in this Agreement. 15. Force Majeure. Neither the Town nor Developer shall be in breach of this Agreement if a failure to perform any of the duties under this Franchise is due to Force Majeure, which shall be defined as the inability to undertake or perform any of the duties under this Agreement due to acts of God, floods, storms, fires, sabotage, terrorist attack, strikes, riots, war, labor disputes, forces of nature or the authority and orders of government. WHEREFORE, the Parties have executed this Agreement on the day and year first above written. TOWN OF VAIL, COLORADO ____________________________________ Andy P. Daly, Mayor ATTEST: _________________________________ Tammy Nagel, Interim Town Clerk LION'S RIDGE APARTMENT HOMES, LLC By: Gorman Employee Group Lion’s Ridge, LLC, its manager By: Gorman & Company, Inc., its manager By: Gary J. Gorman, President STATE OF COLORADO ) ) ss. COUNTY OF _______________ ) The foregoing instrument was subscribed, sworn to, and acknowledged before me this ______ day of ________________________, 2014, by Gary J. Gorman as President of Gorman & Company, Inc., manager of Gorman Employee Group Lion’s Ridge, LLC, manager of LION’S RIDGE APARTMENT HOMES, LLC. My commission expires: 3/18/2014 2/25/2014 M:\DEVELOPMENT AGREEMENT V4 (FROM KCARBERRY).DOC 6 (S E A L) _____________________________________ Notary Pu blic 3/18/2014 2/25/2014 M:\DEVELOPMENT AGREEMENT V4 (FROM KCARBERRY).DOC 7 EXHIBIT A LEGAL DESCRIPTION Lot 2, Timber Ridge Subdivision, A Resubdivision of Lion's Ridge Subdivision, Block C, A Resubdivision of Lots 1, 2, 3, 4 & 5, Town of Vail, County of Eagle, State of Colorado 3/18/2014 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: March 18, 2014 ITEM/TOPIC: The purpose of this agenda item is to discuss the future of recreational marijuana in the Town of Vail and to begin to establish policy direction on the issue for the Town. PRESENTER(S): George Ruther Director, Community Development Department ACTION REQUESTED OF COUNCIL: Review the six policy related questions outlined in the staff memorandum and begin to provide policy direction on recreational marijuana in the Town of Vail. BACKGROUND: As it currently stands, the Vail Town Council has intentionally delayed policy discussions relating to the regulation of recreational marijuana in the Town of Vail. Most recently, the Town Council extended a temporary moratorium whereby allowing the community more time to discuss the issues. In the end, it is the goal of this process to establish a policy on recreational marijuana and implement a series of regulations which implement the Town’s policy. In order to determine the Town’s policy, staff is proposing to present relevant background information on the topic and present a series of questions to be answered by the Town Council. To aid in the gathering of relevant background information and to ensure comprehensive community engagement, staff is recommending the creation of a Recreational Marijuana Working Group. ATTACHMENTS: Town Council Memorandum Policy Options 3/18/2014 TO: Vail Town Council FROM: George Ruther, Director, Community Development Department DATE: March 18, 2014 SUBJECT: Discussion of Recreational Marijuana Operations in the Town of Vail I. PURPOSE The purpose of this agenda item is to discuss the future of recreational marijuana in the Town of Vail. As it currently stands, the Vail Town Council has intentionally delayed policy discussions relating to the regulation of recreational marijuana in the Town of Vail. Most recently, the Town Council extended a temporary moratorium whereby allowing the community more time to discuss the issues. In the end, it is the goal of this process to establish a policy on recreational marijuana and implement a series of regulations which implement the Town’s policy. In order to determine the Town’s policy, staff is proposing to present relevant background information on the topic and present a series of questions to be answered by the Town Council. To aid in the gathering of relevant background information and to ensure comprehensive community engagement, staff is recommending the creation of a Recreational Marijuana Working Group. II. BACKGROUND In 2000, Colorado Constitutional Amendment 20 was passed by Colorado voters, allowing the sale of medical marijuana in the State of Colorado. In 2012, Constitutional Amendment 64 was passed in Colorado by 55 percent, allowing the retail sale of marijuana for recreational use. In 2010, the Vail Town Council adopted Ordinance No. 2, Series of 2010, placing a 180 day temporary ban on the accepting or processing applications for medical marijuana dispensaries in the Town of Vail. In 2010, the Vail Town Council passed Resolution No. 16, Series of 2010, prohibiting the operation of medical marijuana dispensaries in the Town of Vail. In 2013, the Vail Town Council adopted Ordinance No. 3, Series of 2013, placing a temporary ban on the operation of retail marijuana establishments in the Town of Vail. The temporary ban was in effective until August 6, 2014. In 2013, the Vail Town Council adopted Ordinance No. 9, Series of 2013, extending the temporary ban to January 21, 2014. 3/18/2014 Town of Vail Page 2 In 2014, the Vail Town Council adopted Ordinance No. 1, Series of 2014, again extending the temporary ban to July 31, 2014. III. POLICY OPTIONS FOR CONSIDERATION Amendment 64 grants local governments the rights to regulate retail marijuana establishment operations, provided said regulations are at least as restrictive as state law. Additionally, Amendment 64 authorizes local governments to prohibit (i.e., ban) retail marijuana establishments. At the same time, Amendment 64 also grants local governments the rights to adopted only those regulations required by state laws (i.e., unregulated by the local government). Essentially, the passage of Amendment 64 establishes a wide spectrum of options for a local government to consider ranging from a prohibition on the operation of retail establishments to regulating the operation the minimum extent allowed by state law. To effectively select a retail marijuana operations policy for the Town of Vail a series of questions must first be answered by the Vail Town Council. Given the enabling authority granted to local governments by the passage of Amendment 64, answers to the following questions are needed: 1. What time, place, manner, and number of business regulations would the Town Council like to adopt, if any? 2. Does the Town Council wish to allow all types of retail marijuana establishments (i.e., retail marijuana stores, retail marijuana cultivation facilities, retail marijuana product manufacturing facilities, and retail marijuana testing facilities, etc.)? 3. Does the wish to create a licensing structure different from the state licensing structure provided by Amendment 64 (i.e., more restrictive). If so, how should the licensing structure differ? 4. If the Town Council adopts a local licensing structure, is the Council interested in charging an operations fee? If so, what is the amount (i.e., cost recovery, cost plus, etc.)? 5. Does the Town Council wish to reconsider its policy on medical marijuana centers in Vail? If so, would the Town Council like to allow dual operations (co-location of medical and retail marijuana businesses)? 6. In general terms, where do the Town Council’s policy preferences for regulating retail marijuana establishment operations lie along the following spectrum? 3/18/2014 Town of Vail Page 3 IV. NEXT STEPS A series of next steps are proposed to address the issue of retail marijuana establishment operations in the Town of Vail. At this time, a temporary ban on retail marijuana establishments is in place. • Town staff to continue to research and assemble information on retail marijuana establishment operations. Sources would include local governments, legal counsel, trade industries, etc. The goal of this effort will be to educate, inform and identify best practices. • Assemble a Recreational Marijuana Working Group (10 -12 members) to engage community stakeholders on the issue of retail marijuana establishment operations in the Town of Vail. The goal of the Group would be to assist in gathering relevant and pertinent information on the topic and to assist in the creation of policy options for consideration. The Group would have no decision making authority in the final outcome on this issue. Examples of community stakeholder participation might include representation from the following groups Vail Economic Advisory Council, Vail Chamber & Business Association, Vail Valley Partnership, Vail Resorts, Vail Police Department/Eagle County Sheriff’s Department, Lodging and Hospitality Industry, Vail Homeowners Association, Vail Valley Medical Center, Eagle County School District, etc. It is likely the Group would meet no more than three times. • Schedule a series of worksessions with the Town of Vail Planning & Environmental Commission to discuss possible land use regulation implementation options and strategies. • Schedule a series of worksessions with the Vail Town Council beginning on April 15, 2014 to provide regular and timely updates on progress made to date and receive feedback and input from the Town Council on the issue. • Submit an application to the Town of Vail Planning & Environmental Commission for text amendments to the Zoning Regulations by no later than May 15, 2014, if necessary. • Prepare an ordinance for consideration by the Vail Town Council that addresses the issue of retail marijuana establishment operations in the Town of Vail for approval and adoption by no later than July 15, 2014. V. ATTACHMENTS Attachment A – Policy Options for Regulating Retail Marijuana Establishments, dated December 17, 2013 3/18/2014 1 To; Vail Town Council From: Matt Mire, Town Attorney George Ruther, Director, Community Development Date: December 17, 2013 Subject: Policy Issues Relating to the Regulation of Retail Marijuana Purpose This memorandum outlines the policy issues relating to the regulation of retail marijuana. As you are aware, the Town adopted a temporary ban on retail marijuana establishments, which expires on January 21, 2014. At that time, the Town must 1) prohibit retail marijuana sales within the Town; 2) regulate such businesses: or extend the temporary ban to allow the Town to further study its options. For your convenience, attached is our June 12, 2013 memorandum, discussing in detail the retail marijuana legislation adopted earlier this year. If the Town desires to regulate retail marijuana, the Council should consider the following questions: 1. What time, place, manner and number of business regulations would the Town like to adopt? 2. Does the Town wish to allow all types of retail marijuana establishments (i.e., retail marijuana stores, retail marijuana cultivation facilities, retail marijuana product manufacturing facilities and retail marijuana testing facilities)? 3. Would the Town like to create a local licensing structure separate from the state licensing structure? 4. If the Town adopts local licensing structure, would the Town like to charge an operations fee and in what amount? 5. Does the Town desire to reconsider its policy on medical marijuana centers? 6. If so, would the Town like to allow dual operations (co- location of medical and retail marijuana businesses)? 3/18/2014 Town of Vail Page 2 Regulations Local governments may regulate the "time, place, manner and number of marijuana establishment operations." Colo. Const. art. XVIII §16(5)(f); C.R.S. § 12-4.3-104(3). Local retail marijuana regulations must be at least as restrictive as state law. C.R.S. § 12-43.3-309(1). Some examples of time place, and number of business regulations are: 1. Location criteria, such as distance limitations from schools, parks, other medical and retail marijuana facilities, and residences; 2. Zoning restrictions, including conditional zoning; 3. Business operating requirements such as limited hours of operation and security requirements; 4. Background check requirements; and 5. Signage restrictions1. In addition, Amendment 64 expressly authorizes the Town to prohibit certain retail marijuana uses while allowing others. Colo. Const. art. XVIII §16(5)(f). Additionally, the Town may limit the number of certain types of retail marijuana facilities. The different types of retail marijuana establishments are discussed below: Retail Marijuana Store A retail marijuana store sells retail marijuana or retail marijuana products.2 C.R.S. § 12-43.3-402(1)(a). On or before September 30, 2014, retail marijuana stores may only sell retail marijuana grown in their own licensed cultivation facilities. C.R.S. § 12-43.3-402(1)(c). After September 30, 2014, a retail marijuana store may purchase retail marijuana inventory from a separate licensed retail marijuana cultivation facility. C.R.S. § 12-43.3-402(1)(b). Retail marijuana stores may only sell retail marijuana, retail marijuana products, marijuana accessories, non-consumable products such as apparel, and marijuana related products such as childproof packaging containers. C.R.S. § 12-43.3-402(7)(a). Stores may not sell or give away any consumable product, including cigarettes or alcohol, or edible products that do not contain marijuana, such as sodas, candies or baked goods. Id. Stores may not sell any retail 1 The state Department of Revenue (the "DOR") has adopted extensive regulations concerning background checks and signage, but the Town could adopt additional regulations if they are more restrictive than the state's. 2 Retail marijuana products are defined as "concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption such as, but not limited to, edible products, ointments, and tinctures." See C.R.S. § 12-43.4-1.3(18); Colo. Const. art. XVIII § 16(2)(k). 3/18/2014 Town of Vail Page 3 marijuana or retail marijuana products that contain nicotine or alcohol if the sale of the alcohol would require liquor licensure pursuant to Colorado law. C.R.S. § 12-43.3-402(7)(b). Retail marijuana stores may not sell retail marijuana or products over the internet or deliver such products to a person not physically present. C.R.S. § 12- 43.3-402(7)(c). Stores may use automatic dispensing machines. C.R.S. § 12- 43.3-402(8). No marijuana may be consumed on the premises. C.R.S. § 12- 43.3-402(9). Cultivation Facilities Retail marijuana cultivation facilities cultivate retail marijuana for sale and distribution to retail marijuana stores, retail marijuana products manufacturers or other retail marijuana cultivation facilities. C.R.S. § 12-43.3-403(1). Until October 1, 2014, a cultivation license may be issued only to persons who hold retail marijuana store licenses or retail marijuana products manufacturing licenses. C.R.S. § 12-43.3-403(2)(a). Similarly, prior to October 1, 2014, a cultivation facility may only transfer retail marijuana to its affiliated retail marijuana store or retail marijuana products manufacturer, or another affiliated cultivation facility. C.R.S. § 12-43.3-403(2)(b). A cultivation facility may not sell more than 30% of the retail marijuana it cultivates to another cultivation facility or to a retail marijuana store or products manufacturer not owned by the owner of the cultivation facility. C.R.S. § 12-43.3-403(2)(c).3 Products Manufacturing License A retail marijuana products manufacturing license allows the manufacture of concentrated marijuana products and marijuana products intended for consumption. C.R.S. § 12-43.4-404(1)(a). A products manufacturer may cultivate its own retail marijuana if it obtains a cultivation license, or it may purchase retail marijuana from a cultivation facility. C.R.S. § 12-43.4-404(1)(b). However, before October 1, 2014, a products manufacturer that also has a cultivation license may not sell any of the retail marijuana that it cultivates except for the marijuana that is contained in its retail marijuana products. C.R.S. § 12- 43.4-404(1)(c)(I). Retail marijuana products must be prepared at a licensed premises that is used exclusively for the manufacture and preparation of retail marijuana or retail marijuana products and using equipment that is used exclusively for the manufacture and preparation of retail marijuana products. C.R.S. § 12-43.4- 404(2). An exception to this rule exists if the local jurisdiction allows retail marijuana products manufacturing licensees to share the same premises as a medical marijuana-infused products manufacturing licensee, so long as a virtual or physical separation of inventory is maintained. Id. No marijuana may be consumed on the premises of a retail marijuana products manufacturing facility. C.R.S. § 12-43.4-404(5). 3 The requirements of C.R.S. § 12-24.4-403(2) are repealed effective January 1, 2015. It appears that the General Assembly has attempted to limit retail marijuana cultivation facility sales during the initial startup period to ensure that the supply of retail marijuana does not exceed the demand required by retail marijuana stores. 3/18/2014 Town of Vail Page 4 Testing Facilities Retail marijuana testing facilities perform testing and research on retail marijuana. C.R.S. § 12-43.3-405(1). Generally, a person who has an interest in a testing facility may not have an interest in other marijuana businesses. C.R.S. § 12-43.4-405(3). Local Licensing Structure The Town may adopt its own separate licensing structure. Colo. Const. art. XVIII §16(5)(f); C.R.S. § 12-43.3-301. If the Town requires a separate license, it must decide what approval criteria to impose. The Colorado Marijuana Code provides a good basis for criteria, such as licensee qualifications, management disclosure requirements and right-to-inspection requirements. The Town could also impose conditions on licenses necessary to protect the health, safety and welfare of the Town. Most importantly, by adopting a local licensing structure, the Town is provided an additional enforcement mechanism that does not involve the state Marijuana Enforcement Division. If the Town requires a local license, the Town may schedule a public hearing on the application after public notice not less than 10 days prior to the hearing. C.R.S. § 12-43.4-302(1). Operating Fee The Town may impose operating fees on retail marijuana establishments. C.R.S. § 12-43.4-501(3). An "operating fee" is defined as a fee "that may be charged by a local jurisdiction for costs, including but not limited to inspection, administration, and enforcement of retail marijuana establishments." C.R.S. § 12-43.3-103(11). Dual Operations If the Town reconsiders its position on medical marijuana facilities, it would also need to consider whether it desires to allow dual operations. Where locally authorized, medical marijuana businesses may share existing licensed premises with retail marijuana businesses, and medical marijuana products manufacturers may share premises with retail marijuana product manufacturers. C.R.S. § 12-43.4-401(2)(a); DOR Permanent Rules Related to the Colorado Retail Marijuana Code, Rule 304(A). A person who operates both a medical marijuana business and a retail marijuana establishment must maintain separate and distinct inventory tracking processes for medical and retail marijuana inventories. Rule 304(B)(5). The inventories must be clearly tagged or labeled so that the products can be reconciled. Id. In cases where a medical marijuana business and a retail marijuana establishment share the same licensed premises and the medical marijuana center only sells to patients 21 years of age and older, the retail store and medical marijuana center may share entrances and exits and their products may be displayed, albeit separately, on the same floor. Rule 304(B)(3). Record keeping for the business operations of both must allow the State and Local 3/18/2014 Town of Vail Page 5 Licensing Authorities to clearly distinguish the inventories and business transactions of medical versus retail sales. Id. If, however, the medical marijuana business sells to patients under the age of 21, the medical marijuana business must maintain separate licensed premises from the retail marijuana establishment, including separate entrances and exits, inventory, point of sale operations and record keeping. Rule 304(B)(4). Conclusion In sum, if the Town desires to regulate retail marijuana the Town Council must decide how it would like to proceed with regard to the above policy matters. If the Town Council provides direction with regard to these questions, staff will prepare a draft regulatory ordinance from which the Council may work. 3/18/2014 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: March 18, 2014 ITEM/TOPIC: Adjournment (8:55 p.m.) 3/18/2014