HomeMy WebLinkAbout2015-02-17 Agenda and Supporting Documentation Town Council Regular Session VAIL TOWN COUNCIL
REGULAR MEETING AGENDA ��y�� ,��' �(,����
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
6:00 P.M., FEBRUARY 17, 2015
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: Swearing in of Fire Chief Mark Novak (5 min. )
PRESENTER(S): Patty McKenny, Town Clerk
2. ITEM/TOPIC: Citizen Participation (10 min. )
3. ITEM/TOPIC: Consent Agenda:
1) Proclamation No. 1, Series of 2015 One Book, One Valley 2015
2) Minutes from January 6, 2015 meeting
3) Minutes from January 20, 2015 meeting (5 min. )
4. ITEM/TOPIC: Any Action as a Result of Executive Session (5 min. )
BACKGROUND: This agenda item has been added to the regular meeting
agenda in order to allow for any official action required as a result of the
executive session.
5. ITEM/TOPIC: Town Manager's Report
1) Vail Municipal Site Redevelopment- Pros and Cons (Memo only)
(5 min. )
6• ITEM/TOPIC: Resolution No.5, Series of 2015, a resolution allowing for a
one-year administrative extension to the lapse of approval for the
Cornerstone Residences Approved Development Plan which is set to expire
June 1, 2015, and setting forth details in regard thereto. (20 min.)
PRESENTER(S): George Ruther, Rick Pylman
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall
approve, approve with modifications, or deny Resolution No. 5, Series of
2015.
BACKGROUND: On February 16, 2010, the Vail Town Council adopted
Resolution No. 6, Series of 2010, which allowed for the administrative
approval of an eighteen (18) month extension of the approved development
plan for four projects.
On March 6, 2012, the Vail Town Council adopted Resolution No. 13, Series
of 2012, which allowed for an administrative approval of the approved
development plans for four projects to June 1, 2015. Projects pulling their
building permit after June 1, 2014, were to have the construction use
tax applied. 2/17/2015
STAFF RECOMMENDATION: The Community Development Department
recommends the Val Town Council approved Resolution No. 5, Series of
2015, as read.
7. ITEM/TOPIC: Vail Valley Medical Center Site Specific Redevelopment
Master Plan
Continued discussion regarding the adoption of the Vail Valley Medical
Center Site Specific Redevelopment Master Plan (VVMC MP) and
amendments to the Vail Land Use Plan. Specifically, this public hearing will
focus on a presentation by the applicant, helicopter consulting experts, and
staff on the proposed on-site emergency helipad. (90 min)
PRESENTER(S): George Ruther, Director of Community Development,
Warren Campbell, Chief of Planning, Tom Braun, Braun and Associates
ACTION REQUESTED OF COUNCIL: The Vail Town Council is asked to
continue the public hearing of Resolutions Nos. 3 and 4, Series of 2015, to
its March 3, 2015, public hearing.
BACKGROUND: On January 26, 2015, the Planning and Environmental
Commission, by a unanimous vote of 5-0-1 (Cleveland recused, Cartin
absent):
Forwarded a recommendation of approval, with modifications, with regard to
the adoption of Resolution No. 3, Series of 2015, making the VVMC MP an
element of the Vail Land Use Plan; and
Forwarded a recommendation of approval, with regard to the adoption of
Resolution No. 4, Series of 2015, amending the Vail Land Use Plan to
establish the VVMC MP land use category and designate it on the Plan Map.
On February 3, 2015, staff reported out the recommendations of the
Planning & Environmental Commission on Resolutions Nos. 3 and 4, Series
of 2015. The applicant presented an introduction to the proposed WMC MP
format and contents.
STAFF RECOMMENDATION: The Planning and Environmental
Commission recommends the Vail Town Council adopt Resolutions Nos. 3
and 4, Series of 2015, upon completion of their review as anticipated at the
March 17, 2015 meeting.
$' ITEM/TOPIC: First reading of Ordinance No. 1, Series 2015, an Ordinance
amending Sections 4-1-2, 4-1-4, 4-3-1-2, and 4-3-2 of the Vail Town Code to
clarify the Business License Fees for Short-Term Rentals within the Town
and Requiring that Persons Offering Apartment Hotel, Lodging House, Guest
House or Guest Ranch Lodging Services within the Town Must Post Their
Sales Tax Account Number in all Advertisements. (30 min.)
PRESENTER(S): Kathleen Halloran, Finance Director and Matt Mire, Town
Attorney
ACTION REQUESTED OF COUNCIL: Approve, amend or deny first
reading of Ordinance No. 1, Series 2015.
BACKGROUND: Please see attached memo.
2/17/2015
STAFF RECOMMENDATION: Approve, amend or deny first reading of
Ordinance No. 1, Series 2015.
9. ITEM/TOPIC: First Reading of Ordinance No. 2, Series 2015, an ordinance
adopting Chapter 13 of Title 5 of the Vail Town Code establishing disposable
bag requirements, including a disposable paper bag fee and providing for the
collection and designation of such fee. (30 min)
PRESENTER(S): Kristen Bertuglia, Environmental Sustainability Manager
ACTION REQUESTED OF COUNCIL: Staff requests the Vail Town Council
provide direction on any modifications to Ordinance No. 2.
BACKGROUND: Addressing single use plastic shopping bags as an
environmental concern is one way many communities across the world have
attempted to fulfill waste diversion goals similar to those adopted by the
Town of Vail. Ordinance No. 2, Series 2015 sets forth Phase 1 of the Town's
Kick the Bag Habit Program prohibiting grocers from providing single use
disposable plastic carryout bags at the point of sale, and requires a fee of
$0.10 be applied to single use paper carryout bags. Phase 2 of Ordinance
No. 2 will appiy to all retail stores within town boundaries. The attached
memorandum details Phase 1 and the issues to be resolved prior to the
adoption of Phase 2.
STAFF RECOMMENDATION: Staff recommends the Vail Town Council
approve Ordinance No. 2, Series 2015 upon first reading.
10. ITEM/TOPIC: Adjournment (9:20 pm)
2/17/2015
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 17, 2015
ITEM/TOPIC: Swearing in of Fire Chief Mark Novak
PRESENTER(S): Patty McKenny, Town Clerk
2/17/2015
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 17, 2015
ITEM/TOPIC: Citizen Participation
2/17/2015
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 17, 2015
ITEM/TOPIC: Consent Agenda:
1) Proclamation No. 1, Series of 2015 One Book, One Valley 2015
2) Minutes from January 6, 2015 meeting
3) Minutes from January 20, 2015 meeting
ATTACHMENTS:
Proclamation No. 1, Series of 2015
Minutes from January 6, 2015
Minutes from January 20, 2015
2/17/2015
TOWN OF VAIL �
Proclamation No. 1, Series of 2015
ONE BOOK, ONE VALLEY, 2015
A Valley-wide reading program sponsored by the Towns of Avon, Eagle, Gypsum, Minturn, and
Vail
WHEREAS, community-read programs have united and uplifted hundreds of cities and
principalities throughout the United States of America; and,
WHEREAS, the book"The Cold Dish"by Craig Johnson, American novelist and playwright
who resides in Ucross, WY, is Book 1 of the Walt Longmire Mystery Series. This book, Johnson's
debut novel, which celebrates its 10`h anniversary this year, brings to life the vast Wyoming
landscape, its people, and a wonderful new character in Sheriff Walt Longmire.
WHEREAS, this Eagle Valley community read will feature book talks & discussions, film
showings, special related programs such as Western-themed Murder Mystery Nights hosted by the
partnering organizations, and a special guest appearance by the author; and,
WHEREAS, the Town of Vail Public Library, in collaboration with the Eagle Valley Library
District, Colorado Mountain College, and the Bookworm of Edwards have resolved to bring this
valley-wide reading program to the citizens of Eagle County; and,
WHEREAS, the One Book, One Valley initiative will encourage literacy and shared
enjoyment of reading throughout Eagle County,
NOW, THEREFORE, we, Andy Daly, Mayor, Town of Vail; Jennie Fancher, Mayor,
Town of Avon; George Brodin, Mayor Pro Tem, Town of Minturn; Pam Schultz, Council Member,
Town of Gypsum; Kathy Chandler-Henry, Eagle County Commissioner; Pam Brandmeyer, Assistant
Town Manager, Town of Vail; and, Jon Stavney, Town Manager, Town of Eagle, do hereby promote
the One Book, One Valley initiative and officially announce and promote the novel"The Cold Dish"
to all Eagle County residents for their enjoyment and the enjoyment of all.
Andrew P. Daly, Mayor
Attest:
Patty McKenny, Town Clerk
2/17/2015
Vail Town Council Meeting Minutes
Tuesday, January 6, 2015
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Andy Daly.
Members present: Andy Daly, Mayor
Ludwig Kurz, Mayor Pro Tem
Jenn Bruno
Dale Bugby
Dave Chapin
Greg Moffet
Margaret Rogers
Staff inembers: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Patty McKenny, Town Clerk
Mayor Daly opened the meeting with best wishes & happy new year to Vail's community and a
welcome for the 2015 FIS Alpine World Championships.
The first item on the agenda was Citizen Participation.
Jonathan Levine addressed the council with two concerns: 1) there seems to be a delay in snow
plowing services on the secondary streets; 2) there is a need for other commercial
transportation services to help with the demand in the town and the region. He noted there are
not enough services provided from the airport to Vail and he is concerned about the 2015
Championships and available services to meet the needs.
Michael Cacioppo expressed concern about the time limit set for citizen participation noting the
town has set the least amount of time for its citizens to be heard.
The second item on the agenda was the Consent Agenda:
1. Resolution No. 1, Series of 2015, A Resolution Designating a Public Place Within the Town
of Vail for the Posting of Notice for Public Meetings of the Vail Town Council, Planning and
Environmental Commission, Design Review Board and Other Boards, Commissions, and
Authorities of the Town of Vail
Moffet moved to approve Resolution No. 1; Kurz seconded the motion and it passed
unanimously (7-0).
2. Resolution No. 2, Series of 2015, Purchase of Vail Heights Unit 7, Phase 3
Bugby moved to approve Resolution No. 2; Rogers seconded the motion. Directions was given
to staff to return with a proposal on how to use the purchased unit and set a time to review the
town's housing master plan. At this time there Bugby amended the motion to include an
inspection of the unit; Rogers seconded the revised motion. The motion passed unanimously
(7-0).
Town Council Meeting Minutes of January 6,2015 Page 1
2/17/2015
3. Minutes from December 2, 2014
Moffet moved to approve the minutes; Kurz seconded the motion and it was approved
unanimously (7-0).
4. Minutes from December 16, 2014
Moffet moved to approve the minutes; Kurz seconded the motion and it passed unanimously
(7-0).
The third item on the agenda was the Town Manager's Report which included an update about
skier numbers from Vail Resorts which shows numbers exceeded 19,900 skiers four times
during the recent holiday timeframe. He cited an agreement executed in the nineties between
VRI, Town of Vail and USFS that requires the ski company to report skier numbers more than
19,900 to these parties. It was noted a meeting has been scheduled in the coming week with
the two agencies in an effort to further discuss the impacts of skier numbers and outcomes or
resources required to provide the service levels. Town Manager Zemler noted the need for an
updated agreement that would outline specifics about the role of each party with regard to
resources and results. There were some updates presented about parking and transit services
during the holiday season and it was noted there were no significant issues. There were no
further comments from council or the public.
The fourth item on the agenda was the 2015 FIS Alpine World Championships Security Plan
Update presented by Dwight Henninger, Police Chief, who is also the Chair of the Security and
Safety Committee appointed by the Local Organizing Committee. He reviewed several
components of the 2015 Alpine World Ski Championship's public safety command structure,
agencies, roles and responsibilities. He noted the agencies working together to create a friendly
and safe event with professional service from the security team. His presentation addressed
some of the following topics:
✓ Structure of the committees
✓ Identified special event objectives (balance between security & customer focus)
✓ Meeting since 2011
✓ Identified partners including federal agencies
✓ Spoke about some of the accomplishments, challenges, schedules and security models
followed
✓ Identified program for volunteer training
✓ Reviewed organizational chart and boundaries of the event
✓ Reviewed the critical information flow between the agencies and the role of some of those
participating
✓ Spoke about the program called "see something / say something"
✓ Spoke about Parking with the listing of which lots will be used
✓ Spoke about transportation services and bus routes
After some public criticism from Cacioppo and Levine, the Mayor, Town Council members and
community member Charlie Calcaterra commended Henninger on his role with the 2015
security committee and outstanding and professional performance in general.
The fifth item on the agenda was the Town of Vail as property owner's consent on a proposal
from Gorsuch. The item was introduced by Mayor Daly who indicated there was a site visit
which took place earlier during the work session. Jonathan Spence, Community Development
Planner, then presented the Gorsuch request to proceed through the development process with
a proposal to utilize the Town of Vail property for the purposes of the replacement of an existing
retaining wall and guardrail and to accommodate eaves for a proposed building addition. It was
noted because the property line location is in close proximity to the building, the applicant is
Town Council Meeting Minutes of January 6,2015 Page 2
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requesting the use of Town of Vail property for the identified encroachments. There were
comments from Town Council members as follows:
■ The request is only to allow for the applicant to move forward in the review process with an
application to be reviewed by PEC and DRB.
■ Consider reviewing the current encroachment agreement which dates back 25 years
■ Ask Public Works to review the proposal in terms of drainage, snow removal,
encroachments, etc.
■ Review benefits of using removable benches and retractable roof
■ Consider impacts of reducing the pedestrian way too much
Mayor Daly asked for public input at this time, there was no public input. Moffet provided clarity
that an approval does not provide any approval to their design or the idea that the additional
encroachment is acceptable. He also requested a thorough review of the pedestrian-way
dimensions. Daly agreed and indicated the approval today only allowed the applicant to move
forward in the development review process. Mire confirmed the council reserves the right to say
"no" later. Moffet moved to direct town staff to execute the development application on behalf of
town council; Kurz seconded the motion and it passed unanimously.
The sixth agenda item considered was an update on the I-70 Vail Underpass Project & Optional
Funding for Acrylic Noise Wall as presented by Tom Kassmel, Town Project Engineer. The
question to address was whether the Town Council will fund the additional estimated $0.8
million for acrylic, IF the noise wall is supported by the benefiting receptors. For the record the
I-70 Vail Underpass is a proposed new multi-modal pedestrian and vehicular connection that is
midway between Main Vail and West Vail exits, passing under I-70. CDOT, the Town of Vail,
and the selected design consultant, Felsburg, Holt & Ullevig (FHU), have completed the
preliminary design process based on the endorsed preferred location of the underpass. Also,
as a result of the project's noise abatement report, a noise wall has been determined to be
reasonable and feasible if supported by the majority of the Benefiting Receptors. The project
team requested direction with regards to the following items:
■ Will the Town Council provide the additional estimated $0.8 million for an acrylic noise wall,
IF the noise wall is supported by the benefiting receptors?
■ Based on the updated information provided by CDOT's proposed next steps and key
decision points with regard to funding, how should this project proceed?
Kassmel's presentation addressed a history of project, the benefits and project impacts, the
project status (30% design completed), update about the open house which saw 30 participants,
project cost estimates (see table presented in packet with estimates for 2 types of walls), and an
update from the Colorado Transportation Commission's next steps on project evaluation in light
of increased costs seen with more project. It was noted the underpass project has increased
from $20.8 M to $29 M and the town's increase (without noise walls) would require an additional
$2.4 M to the already $6 M funding required, if the split with CDOT remains the same at 71% to
29%. Costs were reviewed with and without noise walls although Kassmel noted it is not yet
time to determine a decision about funding until more design work is completed. He also spoke
about the noise wall survey preference process and benefitting receptors. There was council
input as follows:
Moffet: concerned about use of mag chloride and impacts on appearance of an acrylic wall
Bugby: concerned about impacts of cleaning products required to clean acrylic wall and
what are benefits of using landscaping instead of noise wall
Rogers: re-evaluate whether the project should even proceed as funding could be used for
other capital projects that would benefit the broader community; too many variables that
create uncertainty about using noise wall
Town Council Meeting Minutes of January 6,2015 Page 3
2/17/2015
Kurz: consider the project that would support the long term benefits to the community and
costs would only increase overall moving forward; look to international communities who
have noise walls for ideas
Chapin: supports the neighborhoods position and wouldn't support the acrylic materials for
various reasons
Bruno: concern about losing the scenic views to the neighborhood and increased costs;
supports what the neighborhood wants
Daly: encouraged a very thorough and strategic review of both the sound wall and the
project in general and noted the maintenance of the wall would be impactful and suggested
�ooking internally to see what methods have been used
Mayor Daly welcomed public input at this time and the following people gave input:
1. Mr. Maslek, Sunburst Drive resident, questioned the reduction levels as a result of a noise
wall, suggested landscaping to create the barrier
2. Zach Cortina, resident, questioned the fact that a concrete barrier makes shadow which
would then create ice so would prefer the acrylic materials
3. Janet Testwuide, resident, very concerned about the noise impacts on the neighborhoods,
prefers to mitigate the noise and requested a review of reducing the interstate speeds
4. Bob Llewellyn, resident, spoke about the noise wall preference survey, questions about
council's role in the survey, and thanked Rogers for her comments about re-evaluting the
project as a whole due to the increased cost estimates
5. Jim Lamont, Vail Homeowners Association, supported thorough review of the walls,
maintenance, prefers more information
6. Diane Johnson, resident, concerned about noise levels, supports the project, wants to
ensure the neighborhood is represented
7. William Pierce, resident, expressed support for the acryclic wall since the noise issue needs
to be addressed and the solution includes funding from CDOT as well
8. Charlie Calcaterra, resident, addressed including landscaping in front of the walls and noted
Simba Run residents are generally not in support of the noise wall
9. Bob Parker, resident, supported the acrylic wall but values the views as one of the most
important marketing points of the valley
10. Robin Birch, resident, suggested more review of the ideas of using a combination of
materials for the wall, evaluate what others have done
The seventh item on the agenda was a review of the I-70 Vail Underpass Noise Wall Town
Council Voting Process. In light of the fact the Town of Vail is a land owner of the new Lions
Ridge Apartments (Timber Ridge), they are the majority Benefiting Receptor of the potential
noise wall and will have 34% of all survey votes. At this time the question about "Will the Town
of Vail participate in the Benefiting Receptor preference survey?" was reviewed. Kassmel noted
the question will be limited to either supporting a noise wall or not supporting a noise wall; he
also noted the survey is mandated by federal and state requirements. Council provided
feedback on the question of whether or not to support the acrylic sound wall and generally the
answers were 1) support of the acrylic wall (Kurz), 2) oppose the acrylic wall (Rogers, Chapin),
or 3) keep options on the table (Bruno, Bugby, Moffet). After some further discussion, Rogers
moved to participate in the survey process and respond to one question on the survey about
whether or not there should be a sound wall, Bruno seconded the motion and it passed
unanimously (7-0). The second questions about "if the Town participates, when and how will
the Town of Vail make its decision?" was discussed. Bugby moved to allocate the votes for
each member to vote for or against the wall; Moffet seconded, however the motions were
withdrawn to allow for a presentation and further comments. Tom Kassmel presented some
Town Council Meeting Minutes of January 6,2015 Page 4
2/17/2015
context to the survey process noting the town has 138 responses of the total 406 surveys
tallied. Bugby moved to submit responses as a group with the majority counting for all
responses; there was no second to this motion. Mayor Daly then asked for public input with
members of the public with input that suggested voting as a group, voting on behalf of the
community or on behalf of the tenants of the property, voting either up or down on the question.
There was agreement to take public input on the matter on January 20 as well as fine tune the
process for responding to the survey. The Town Attorney noted the need to vote as "one
governing body."
The eighth item on the agenda for consideration was First Reading of Ordinance No. 1, Series
2015, an Ordinance amending Sections 4-1-4, 4-3-1-2 and 4-3-2 of the Vail Town Code to
clarify the Business License Fees for Short-Term Rentals within the Town and Requiring that
Persons Offering Apartment Hotel, Lodging House, Guest House or Guest Ranch Lodging
Services within the Town Must Post Their Sales Tax Account Number in all Advertisements.
Kathleen Halloran, Finance Director, presented the background on the topic noting the Town
Code currently requires bed and breakfast and short-term rental establishments to pay different
business license fees that are calculated based upon the location of the business's
management office. Certain bed and breakfast and short-term rental establishments are
currently exempt from the Town's business license fees because such businesses maintain a
management office outside the Town. She noted the revisions to amend the Town Code will
require the payment of business license fees for all bed and breakfast and short-term rental
establishments, regardless of where a business's management office is located. In addition, the
code amendment will require all persons engaged in advertising of apartment hotel, lodging
house, guesthouse, and guest ranch lodging services include a Town of Vail sales tax account
number in all such advertisements. There was concern expressed by Bugby that the lodging
community was not present and he moved to table the item. Moffet seconded the motion.
Several council members were not concerned noting the ordinance process required two
readings and a public hearing so there would be ample time for the lodging community to
comment on the ordinance at the next meeting. The motion was revised to note the item be
tabled for two weeks to the next meeting; Moffet seconded and the motion passed with a five to
two vote (5-2; Rogers and Kurz— nay).
The ninth item on the agenda was adjournment. There being no further business to come
before the council, Moffet moved to adjourn the meeting and Bruno seconded the motion which
passed unanimously, (7-0) and the meeting adjourned 9:20 p.m.
Respectfully Submitted,
Attest:
Andy Daly, Mayor
Patty McKenny, Town Clerk
Town Council Meeting Minutes of January 6,2015 Page 5
2/17/2015
Vail Town Council Meeting Minutes
Tuesday, January 20, 2015
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Andy Daly.
Members present: Andy Daly, Mayor
Ludwig Kurz, Mayor Pro Tem
Jenn Bruno
Dale Bugby
Dave Chapin
Greg Moffet
Margaret Rogers
Staff inembers: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Patty McKenny, Town Clerk
The first item on the agenda was Citizen Participation.
Jonathan Levine requested the town allow for additional kinds of transit services from the airport
per his handout, and to do so in a normal regulatory manner.
Michael Cacioppo also requested support from the town to allow for additional kinds of transit
services and requested the members observe the congestion at the transportation center. He
also spoke about free speech and the need to protect this civil liberty. He requested a longer
timeframe in which to give public input; Mayor Daly noted a 3 minute time limit will be allowed
during citizen participation.
The second item on the agenda was the Town Manager's Report which highlighted the town's
community meeting to be held March 31, 2015, and an afternoon meeting only on February 3,
2015 in order to allow council members and others to attend ceremonies for 2015 FIS Alpine
World Ski Championships.
The next item included an action from the earlier executive session held during the work
session. Moffet moved to direct staff to obtain a valuation report for town-owned property in
Phase 5 Village Inn and to prepare an ordinance to address current uses in town-owned stream
tract areas. Kurz seconded the motion and it passed unanimously (7-0).
The third item on the agenda was a presentation of strategies and policy options to reduce
single use disposable bag waste in Vail. Kristen Bertuglia, Environmental Sustainability
Manager, noted they are seeking Town Council policy direction for this topic. She began with
an introduction of Mark Hoblitzell, the town's new Environmental Sustainability Program
Coordinator. She shared a video with local community members highlighting the importance of
environmental issues and thanking all those involved with this kind of programming. She
introduced the Assistant Community Development Director from Town of Breckenridge, Mark
Town Council Meeting Minutes of January 20,2015 Page 1
2/17/2015
Truckey, who attended to present their programming on plastic bags. His highlights included
some of the difficulties and success of the program as follows:
✓ Program adopted in 2013 which included a 10 cent fee implemented in October 2014
✓ Applies to all retail businesses in Breckenridge
✓ Worked closely with lodging community to develop messaging about the program for visitors
& guests
✓ Purchase of recycled bags has served as great marketing tool
✓ Lodging community mostly supportive; retailers have had some issues but were allowed to
keep some of the fees
✓ Were aggressive about messaging and marketing of the program
✓ Locals got on board very quickly and supportive of the program
Michael Cacioppo questioned the town's survey process and associated the ban of plastic bags
as a loss of freedom. Mayor Daly called for a five minute recess after Cacioppo' s comments.
Additional public comment was taken from the following people who supported the town's effort:
Billy Suarez, Bart Longworth, Stephen Connolly, Brian Rodine, Shawn Beruckman. Bertuglia
highlighted the discussion which took place at the October 21st Council session when staff
presented a draft ordinance and recommendation for a disposable bag waste reduction policy
and highlighted staff recommendations that a disposable bag ordinance in Vail contain the
following elements:
1. Combination ban on plastic/fee on paper
2. $0.10 fee on paper bags
3. Applicable to grocery stores only (over 3,500 sq ft) in year one (carryout bags only), with an
optional phase-in of all retail stores in year two
4. Fee collected is designated to environmental education and waste reduction, a portion of
which is retained by grocery stores for administration for a limited time
5. A reasonable timeline for implementation
6. Implemented in combination with a robust education and messaging program
Council comments were heard at this time with Moffet and Bugby expressing concerns about
the legislation but did indicate they would possibly support a ban without the fee. Chapin
suggested phasing in a program and Rogers liked the program and would agree to phasing and
monitoring to make changes if necessary. Kurz, Bruno and Daly also supported the
programming as it speaks to Vail's priority of environmental sustainability, but they also wanted
to support getting people to primarily using reusable bags. Straw poll voting indicated most
council members favored a ban on single use plastic bags and a 10 cent fee on paper. They
also supported a phased approach to implementation of a program applicable to only grocery
stores first (by July 1) and retailers in a year or two. Some members preferred the fee collected
be designated to pay for environmental education and waste reduction programs; it was agreed
staff should return with more information on education and outreach programs.
The fourth item on the agenda was First reading of Ordinance No. 1, Series 2015, an
Ordinance amending Sections 4-1-4, 4-3-1-2 and 4-3-2 of the Vail Town Code to clarify the
Business License Fees for Short-Term Rentals within the Town and Requiring that Persons
Offering Apartment Hotel, Lodging House, Guest House or Guest Ranch Lodging Services
within the Town Must Post Their Sales Tax Account Number in all Advertisements. Kathleen
Halloran, Finance Director, presented the proposed legislation noting that during the December
2nd work session, Council reviewed staff's research and draft ordinance on a proposed
business license requirement for"RBO's", or Rental by Owner properties, with the objective of
improving compliance with the town's sales tax code and requiring this type of activity to
Town Council Meeting Minutes of January 20,2015 Page 2
2/17/2015
contribute to the cost of marketing and special events the same way all Vail businesses do. The
Town Code currently requires bed and breakfast and short-term rental establishments to pay
different business license fees that are calculated based upon the location of the business's
management office. Certain bed and breakfast and short-term rental establishments are
currently exempt from the Town's business license fees because such businesses maintain a
management office outside the Town. She spoke about staff's recommendation to creating a
"Zone 3" category for these businesses. Currently, Zone 1 encompasses everything from the
Cascade Village to Manor Vail on the south side of I-70. Zone 2 is everything else (West Vail,
Sandstone, East Vail, etc.). Regarding the base business license fee and per unit fee, Zone 1
and 2 pay different rates. This is based on a 25% reduction for Zone 2 businesses.
Matt Ivy, Vail Racquet Club, commented on the ordinance and basis for the lodging
community's support of the legislation which is primarily to obtain some equity in lodging and
licensing for the industry. There was discussion about adding the need to get a license to those
RBOs that have more than 14 days per year. The basis for the request from the lodging
community and additional suggested revisions were provided by Bugby, such as: 1) keeping
base fee in all zones the same amount of$325; 2) keeping base fee for units in home at the
home occupation rate @ $150; and 3) consider keeping the per unit fee the same across zones.
There was some discussion about how to make the revisions for first or second reading in light
of the many suggestions provided. Mayor Daly accepted public input at this time.
✓ Michael Cacioppo expressed some confusion and asked for clarification as to how the
regulation applies to travel agencies and management companies working with property
owners.
✓ Kevin Foley supported the legislation reiterating their hopes of creating a level playing field
in the industry.
✓ Stephen Connelly asked that the licensing correlate to a simple fee structure.
There was agreement to make the revisions and come back with first reading of the ordinance
at the next council meeting.
The fifth agenda item considered was the Commission on Special Events (CSE) Appointment.
Kurz moved to appoint Shenna Engleman to the CSE to fill the vacancy left by Nicole Whitaker.
Moffet seconded the motion and it passed unanimously (7-0). It was noted the selection was
based on the candidates who interviewed during the December process when new members
were appointed due to expired terms.
The sixth agenda item considered was an update on the Ford Park Lower Bench, Restroom,
Playground and Betty Ford Way project with a request of the Town Council to award the
construction contract to RA Nelson LLC in an amount not to exceed $1,258,500. Greg Hall,
Public Works Director, requested the Town Council approve the revised project budget of
$1.41 M and then enter into a construction contract with RA Nelson LLC in an amount not to
exceed $1,258,500. It was noted the Ford Park Lower Bench project budget was $1.34M;
however, the project costs received from the contractor were over the estimates by $68,380.
He highlighted the specifics per the council packet memo noting cost increases were incurred
despite staff eliminating the vegetated roof as well as the stone planter on West Betty Ford
Way. There was some discussion with a request from Rogers to include pavers up to the
Frontage Road on the west side of the park. Moffet moved to approve the revised budget of
1.4M and authorize the Town Manager to enter into a contract with RA Nelson not to exceed
$1,258,500. The motion passed (6-1; Rogers — nay).
Town Council Meeting Minutes of January 20,2015 Page 3
2/17/2015
The seventh agenda item considered was the I-70 Vail Underpass Project— Noise Wall
Preference Survey Decision-making Process. Tom Kassmel, Public Works Project Engineer
reminded the public the Town of Vail as: 1) land owner of the new Lions Ridge Apartments
(Timber Ridge) and representing the future tenants; and 2) land owner of the North Recreational
Trail Bike Path that runs along the North Frontage Road, it has been identified as the majority
Benefiting Receptor which will represent 34% of the final decision. The 69 Town of Vail surveys
will represent the interests of the owner/occupants/users of these two facilities. If more than
50% of responding Benefiting Receptors are in support of the noise wall (which includes Savoy
Villas, Breakaway West, Simba Run, Snow Fox, Telemark Townhouse, Vail Run) then the noise
wall will become part of the project. If the noise wall is not supported by the responding
Benefiting Receptors, then the project will move forward without the noise wall. At the January
6 Council meeting, the Council agreed to participate in the noise wall preference survey and
now the decision is to determine the process of completing the surveys. The Council has 69
surveys to complete, which will each count twice. As discussed at the last Council session, the
Council has two survey response options; in both options the Council is legally required to act
as one body as outlined below:
✓ Majority Rule: the Council may choose to respond with all 69 survey responses either for or
against the noise wall. This would be consistent with a typical Council action. The Council
would act on the survey with a majority rule motion and vote to respond either for or against
the noise wall.
✓ Split Rule: the Council may choose to respond with a split of the 69 survey responses. This
would not be consistent with a typical Council action, but it is permitted. The Council would
act on the survey with a motion that would specifically state the number of survey responses
that will be for and the number of survey responses that will be against the noise wall. If the
Council chooses to split the surveys it will be important to split the surveys in a manner that
will allow each survey to be properly completed. The 68 Lions Ridge Apartment surveys
could be split in a manner outlined below while the one bike path survey should be filled out
by majority rule since there is only one.
Mayor Daly asked for input on which option to use in their decision making process. Kurz
favored majority rule and Rogers, Chapin, Bruno favored split rule noting various reasons for
their preferences. Public input was welcomed at this time and both Charlie Calcaterra and Bob
Llewelyn supported a split rule decision making process. Further discussion included
comments about staying consistent with normal voting practices by using the majority rule or
aligning with how the community would more closely weigh in on the topic by using the split rule
decision making process. Rogers moved to support the split rule decision making process for
the noise wall preference survey; Chapin seconded the motion and it passed. (5-2; Bugby and
Daly— nay).
The eighth item on the agenda was the I-70 Vail Underpass Project— Noise Wall Preference
Survey Decision. Prior to the decision being made, there were further comments about the
preference for a noise wall as follows:
Moffet supports noise walls but is concerned about escalating costs of the project
Rogers aligns with public input from Pat Larsen's email to council and is not supportive of
the noise wall
Bugby supports the noise wall and effort of trying to lessen the impacts of I-70
Chapin does not support the noise wall
Bruno does not support the noise wall
Kurz did not support a noise wall and is interested in knowing if CDOT would assist in
funding it
Daly was concerned about the rising costs of the project
Town Council Meeting Minutes of January 20,2015 Page 4
2/17/2015
Public input included comments from the following people:
1. Rich Larsen was in opposition to the sound wall
2. Tracy Wong, Simba Run, opposed the noise wall
3. Carol Calcaterra opposed the noise wall
4. Bill Pierce, Simba Run, supported the noise wall
5. Charlie Calcaterra, opposed the noise wall
In summary both Moffet and Bugby supported a noise wall while all other council members did
not support a noise wall. In light of the council input, Moffet moved to cast 19 surveys in support
of a noise wall and cast 49 surveys in opposition to a noise wall on behalf of the Timber Ridge
property ownership. Bruno seconded the motion and it passed unanimously (7-0).
Moffet moved to cast 2 surveys in opposition to a noise wall which represented the bike path
ownership; Rogers seconded the motion and it passed unanimously (7-0).
The ninth item on the agenda was adjournment. There being no further business to come
before the council, Moffet moved to adjourn the meeting and Bruno seconded the motion which
passed unanimously, (7-0) and the meeting adjourned 9:30 p.m.
Respectfully Submitted,
Attest:
Andy Daly, Mayor
Patty McKenny, Town Clerk
Town Council Meeting Minutes of January 20,2015 Page 5
2/17/2015
T!�'�V�P �!�F 4�Ailf�
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 17, 2015
ITEM/TOPIC: Any Action as a Result of Executive Session
BACKGROUND: This agenda item has been added to the regular meeting agenda in order
to allow for any official action required as a result of the executive session.
2/17/2015
T!�'�V�P �!�F 4�Ailf�
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 17, 2015
ITEM/TOPIC: Town Manager's Report
1) Vail Municipal Site Redevelopment- Pros and Cons (Memo only)
ATTAC H M E NTS:
Muni Site Pros and Cons Memorandum
2/17/2015
rouu� oFV�a�L �
Memorandum
TO: Vail Town Council
FROM: George Ruther, Director of Community Development
DATE: February 17, 2015
SUBJECT: Evaluation of the Pros & Cons of Relocating the Town's Municipal Office Building
to the Chamonix Property in West Vail.
I. INTRODUCTION
The Vail Town Council is currently evaluating the location options for constructing a new
municipal office building for the Town of Vail municipal government. Up until recently,
the focus of the evaluation had been to rebuild the new office building on the municipal
building site, located at 75 South Frontage Road. To ensure the thoroughness of their
evaluation the Town Council had asked the Town staff to look at other possible sites.
The Chamonix property in West Vail has been identified as a possible alternative site for
the new municipal office building. The purpose of this memorandum is to provide the
Vail Town Council with an evaluation of the pros & cons of constructing the new
municipal building on the Chamonix property and to forward a recommendation from the
Town staff on this alternative.
The Vail Town Council is being asked to answer the following question:
"Does the Vail Town Council support the Town staff
recommendation of continuing to focus the evaluation of rebuilding
the new municipal office building on the existing site of the current
buildings, located at 75 South Frontage?"
If the answer is "yes", the Town staff will no longer pursue design options on the
Chamonix property. Conversely, if the answer is "no", the Town staff will focus their
time and attention on the Chamonix property.
II. PROS & CONS EVALUATION OF CHAMONIX PROPERTY
Pros
1. Synergizes municipal uses with the new West Vail Fire Station (ie vehicular access,
parking, land use, etc.).
2. Topography of the NW portion of the site lends itself to business office uses.
3. Does not require the Town offices to move temporarily during construction.
2/17/2015
4. Maintains limited opportunities for developing workforce housing on the property
remains.
5. Frees up a portion of the current municipal office building location for other uses.
Cons
1. Does not address the relocation of the Vail Police Department.
2. Utilizes a portion of land area already set aside for workforce housing.
3. Workforce housing is a higher priority of the community.
4. Requires a complete redesign of the municipal office building design plans.
5. Removes the municipal office building from its current centralized location within the
community.
6. Increased cost of construction (i.e., excavation, site infrastructure, site access, etc.).
7. Location of the Chamonix property is better suited to residential development.
8. Does not comply with the recommendations of the Chamonix Master Plan adopted
by the Vail Town Council.
9. There is already a limited supply of land area within Vail for workforce housing.
III. RECOMMENDATION
Based upon the evaluation of the pros & cons outlined in Section II of this
memorandum, the Town staff recommends the Vail Town Council answers "yes" to the
question asked in Section I of this memorandum thereby instructing the staff to continue
to focus the evaluation of rebuilding the new municipal office building on the existing site
of the current buildings, located at 75 South Frontage. As a result of doing so, the
Town staff will no longer pursue municipal building design options on the Chamonix
property.
Town of Vail 2/17/2015 Page 2
T!�'�V�P �!�F 4�Ailf�
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 17, 2015
ITEM/TOPIC: Resolution No.5, Series of 2015, a resolution allowing for a one-year
administrative extension to the lapse of approval for the Cornerstone Residences Approved
Development Plan which is set to expire June 1, 2015, and setting forth details in regard
thereto.
PRESENTER(S): George Ruther, Rick Pylman
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with
modifications, or deny Resolution No. 5, Series of 2015.
BACKGROUND: On February 16, 2010, the Vail Town Council adopted Resolution No. 6,
Series of 2010, which allowed for the administrative approval of an eighteen (18) month
extension of the approved development plan for four projects.
On March 6, 2012, the Vail Town Council adopted Resolution No. 13, Series of 2012, which
allowed for an administrative approval of the approved development plans for four projects to
June 1, 2015. Projects pulling their building permit after June 1, 2014, were to have the
construction use tax applied.
STAFF RECOMMENDATION: The Community Development Department recommends the
Val Town Council approved Resolution No. 5, Series of 2015, as read.
ATTAC H M E NTS:
TC Memo
Draft Resolution No. 5
Letter of Request
Applicant's Presentation
2/17/2015
TOWN 0F VAIL ``
Memorandum
TO: Vail Town Council
FROM: Community Development Department
DATE: February 17, 2015
SUBJECT: Resolution No. 5, Series of 2015, a resolution allowing for an administrative
extension to the lapse of approval for the Cornerstone Residences Approved
Development Plan approval, and setting forth details in regard thereto.
Applicant: L-O Westhaven, Inc, represented by Rick Pylman
Planner: George Ruther
I. DESCRIPTION OF REQUEST
The purpose of this agenda item is to present a resolution for consideration to extend
the approval for the Cornerstone Residences Approved Development Plan which is set
to expire June 1, 2015. The applicant is requesting to extend the development plan
approval for one-year to June 1, 2016. Unlike the two previous resolutions this
resolution proposes to extend the approvals of the Cornerstone Residences solely.
• Staff has drafted a resolution which extends the development plan approval for
the Cornerstone Residences to June 1, 2016.
• The Cornerstone Residences project will meet currently adopted inclusionary and
commercial linkage requirements and be subject to the construction use tax.
II. TOWN COUNCIL ACTION
The Vail Town Council shall approve, approve with modifications, or deny Resolution
No. 5, Series of 2015.
1. Does the Vail Town Council wish to grant an additional one-year administrative
extension to the approved development plan approval to June 1, 2016?
2. If so, does the Vail Town Council approve of the resolution as drafted?
2/17/2015
III. BACKGROUND
• In the Fall of 2009 representatives of four projects with approved development
plans approached the Town requesting an action by which their approved
development plan approvals expirations could be extended.
o Cascade Residences (SDD amendment)
o Cornerstone Residences (SDD amendment)
o Strata (approved development plan)
o Timberline Roost Lodge (approved development plan)
• These four projects were reviewed and approved by the Town of Vail prior to the
effective date of the ordinances adopting the Construction and Building Materials
Use Tax, the Zoning Regulations requiring that at least 50% of the employee
housing obligation of the project be provided on site, and the 2009 International
Building Codes (IBC).
• On February 16, 2010, the Vail Town Council adopted Resolution No. 6, Series
of 2010 allowing for the administrative extension of the approval of development
plans.
• On March 6, 2012, the Vail Town Council adopted Resolution No. 13, Series of
2012 allowing for the administrative extension of the approval of development
plans.
• The Lion (formerly Strata) has an issued building permit and is under
construction.
• The Marriott Residence Inn (formerly Timberlilne Roost Lodge) has an issued
demo permit and its building permit is in plan review.
• The Cornerstone Residences are a part of Special Development District No. 4,
Cascade Village.
o The development plan was adopted through the SDD amendment
process which included, PEC, DRB, and Town Council adoption of
an ordinance.
o When the ordinance was adopted Cornerstone Residences was in
compliance with the current EHU mitigation requirements.
IV. RECOMMENDATION
The Community Development Department recommends that the Vail Town Council
approves Resolution No. 5, Series of 2015. This recommendation is based upon the
following:
Town of Vail 2/17/2015 Page 2
1. The project shall be assessed the Construction and Building Material Use Tax.
2. The project shall provide employee mitigation in compliance with the currently
adopted inclusionary and commercial linkage requirements.
3. There have been no substantial changes to the Town Zoning Code requirements
governing development on the site.
Should the Vail Town Council choose to approve Resolution No. 5, Series of 2015, staff
recommends the following finding be made:
"The Vail Town Council finds that this Resolution furthers the development
objectives of the Town and is in the best interest of the Town as it promotes the
coordinated and harmonious development of the Town of Vail."
V. ATTACHMENTS
A. Resolution No.5, Series of 2015
Town of Vail 2/17/2015 Page 3
RESOLUTION NO. 5
SERIES OF 2015
A RESOLUTION PROVIDING FOR AN EXTENSION TO THE ADMINISTRATIVE
APPROVAL FOR THE APPROVED DEVELOPMENT PLAN FOR SDD NO. 4, (THE
CORNERSTONE RESIDENCES); 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, pursuant to the Vail Town Code the administrative approval of a
development plan for a Special Development District ("SDD") is valid for three years;
WHEREAS, the approved development plan for the Cornerstone Residences,
SDD No. 4, PEC070055, (the "Project") was previously granted an extension until June
1, 2015, pursuant to Resolution No. 13, Series 2012;
WHEREAS, the Council desires to grant an additional extension to the Project;
and
WHEREAS, the Vail Town Council finds that this Resolution furthers the
development objectives of the Town and is in the best interest of the Town as it
promotes the coordinated and harmonious development of the Town of Vail.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Council hereby grants an extension to the Project until June 1,
2016. This extension shall expire if no building permit is issued for the Project by June
1, 2016. The Construction and Building Materials Use Tax and the applicable employee
mitigation requirements shall be assessed.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED this 17th day of February, 2015.
Andrew P. Daly, Mayor
l
2/17/2015 �il�izols
Resolution No.S,2015
ATTEST:
Patty McKenny, Town Clerk
2
2/17/2015 �il�izols
Resolution No.S,2015
PYLMAN
& ASSOCIATES
February 2, 2015
Mr.Warren Campbell
Town of Vail Community Development Department
75 S. Frontage Road
Vail CO 81657
RE: Extension of Cornerstone Cascade Village approval
Dear Warren,
In March of 2012 the Town of Vail passed Resolution No. 13, Series of 2012,which granted an
extension of Town of Vail approvals to several projects,including the Cornerstone SDD,which had
been previously reviewed and approved but were unable to move forward due to complexities
associated with the economic downturn. That extension granted by Resolution No. 13 remains
valid until June of 2015.
The economic climate has improved, slowly,and two of the other previously approved projects that
were extended by Resolution No. 13 are now moving forward. Destination Hotels and Resorts has
initiated activity on the Cornerstone project and is currently projecting a spring of 2016
construction start. In order to allow for this projected start date we respectfully request a one-year
extension to Resolution No. 13 as it applies to the Cornerstone approval.
The original Cornerstone approval is in compliance with all current Town of Vail requirements and
does not grant Cornerstone any exemption or benefit over current regulations and requirements.
The building includes four on-site one bedroom EHU's that tota12,621 square feet and represent
53% of the total EHU requirement. Cornerstone is also subject to the use tax requirements.
I understand that many of the current Town Council members were not in office when Cornerstone
was approved and may not be familiar with the project. We have adapted a brief presentation from
the original approval process that provides project details and benefits.
The Cornerstone SDD represents the last vacant building lot within the Cascade Village project and
will complete the build-out of the Cascade Village neighborhood. We look forward to working with
the Town of Vail to bring this project to fruition.
Sincerely,
���y�
Rick Pylman
Copy: Jim Pavisha, Destination Hotels&Resorts
137 Main Street, Suite C107W Edwards, Colorado 81632
Phone: (970)-926-6065 Fax: (970)-9�1�i�����mail: rick@pylman.com
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ornerstone
• Owner/Applicant: L-O Westhaven, Inc .
• Architect: GPSL Architects
• Civil Engineer: Alpine Engineering , Inc .
• Landscape Architect: Dennis Anderson, Assoc .
• Land Planning: Pylman & Associates , Inc .
il DD #4
asca e V a e
g
• A roved as a PUD in Ea le Count in
pp g Y
1976 .
• Annexed into TOV and zoned as SDD
#4 with no underl in zonin .
Y g g
• Cornerstone site has had buildin s
g
a roved b TOV in 1989 and 1993
pp Y
i DD #4
asca e V a e
g
• Cornerstone site is the last undeveloped
parcel in Area A
• Building designed by Roma Architects
approved by TO V in 19 8 9 . B uilding height
was 71 ' as measured from plaza level .
• In 1993 TOV approved Liftside (Waterford)
and Cornerstone buildings .
• Liftside include s 27 condominiums and 2
EHU ' s and was built in 1993
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A r v P an
pp o e
• 22 condominium units
• Inte rated ticket office , ublic
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bathrooms , heated staircase and
elevator access to lift laza , heated
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laza at lift area .
• Meet arkin re uirement in enclosed
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ara e . 56 s aces , which includes 2 er
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EHU .
Employee Housing
• 4 One - bedroom EHU ' s on site
• 2 ,621 square feet
• 53 % of requirement met on-site
Approved Plan
• Building is designed as two separate
elements over the parking garage
• Open air access from Westhaven Drive
to the plaza level allows view corridor
and creates inviting access to the
chairlift .
• 71 feet in height from Plaza level
Public Works/Engineering
• Bus stop queuing area improvements
• Six foot wide sidewalk connections from
skier portal to South Frontage Road
• Bus turn around meets TOV & ECO
standards
• Skier drop off
• Snow storage for roadway
• Improved loading condition — new shared
loading dock
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Cornerstone benefits
• The current condition of the chairlift access
and skier services facilities is not up to the
standard we expect in the number one ski
resort in North America . Cornerstone
provides an appropriate access to this
portal . There will be a heated staircase and
a skier dedicated elevator , new lift ticket
windows and public bathrooms at a heated ,
landscaped plaza with a fire pit and public
art.
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Upper Parking- Plaza Level
Cornerstone benefits
� Additional short-term rental
opportunities :
• In 2006 the Vail Cascade Hotel
operated at an annual occupancy rate
of 62°Io . The hotel sold out (98 %
occupancy) 29 out of 365 nights .
• The condominium guest package is
equal to the hotel guest package .
Renters have access to the Aria Club &
Spa , use of the hotel shuttle bus , ski
and boot storage at the lift, daily
housekeeping , room service and use of
the hotel pool , hot tubs and library .
• This package creates a strong
economic incentive for owners to enter
the rental pool .