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HomeMy WebLinkAbout2012-0326 PECrowN oF vai� � PLANNING AND ENVIRONMENTAL COMMISSION March 26, 2012 1:OOpm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 Members Present Site Visits: 1. Ford Park — 530, 540 & 580 South Frontage Road East Members Absent 60 minutes 45 minutes An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the zoning administrator's determination that an appeal form submitted by the Vail Gateway Plaza Condominium Association on January 4, 2012, was untimely, and therefore, can not be heard by the Planning and Environmental Commission. This determination was made in accordance with Section 12-3- 3.3 of the Zoning Regulations of the Town of Vail. The Vail Gateway Plaza Condominiums are located at 12 Vail Road/Lot N, Block 5D, Vail Village Filing 1. Appellant: Vail Gateway Plaza Condominium Association, represented by Lansky, Weigler, and Porter, P.C. ACTION: MOTION: SECOND: VOTE: CONDITIONS: 30 minutes 2. A request for a recommendation to the Vail Town Council for amendments to the Ford Park Management Plan, to allow for the construction of various improvements at Ford Park (realignment of athletic fields, new restroom and concession buildings, new covered outdoor terrace, Gerald R. Ford Amphitheater renovations, park entrance improvements, Betty Ford Alpine Garden welcome center, streetscape improvements, etc.) located at 530, 540, and 580 South Frontage Road East/Unplatted, and setting forth details in regard thereto. (PEC120006) Applicant: Town of Vail Planner: Bill Gibson ACTION: MOTION: SECOND: VOTE: CONDITIONS: 5 minutes 3. A request for the review of amendments to a conditional use permit, pursuant to Section 12-16- 10, Amendment Procedures, Vail Town Code, to allow for the construction of various improvements at Ford Park (realignment of athletic fields, new restroom and concession buildings, new covered outdoor terrace, Gerald R. Ford Amphitheater renovations, park entrance improvements, Betty Ford Alpine Garden welcome center, streetscape improvements, etc.) located at 530, 540, and 580 South Frontage Road East/Unplatted, and setting forth details in regard thereto. (PEC120003) Applicant: Town of Vail Planner: Bill Gibson ACTION: Table to April 9, 2012 MOTION: SECOND: VOTE: CONDITIONS: 5 minutes Page 1 4. A request for a final recommendation to the Vail Town Council for prescribed regulations amendments to Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to provide regulations that will implement sustainable building and planning standards, and setting forth details in regard thereto. (PEC090028) Applicant: Town of Vail Planner: Rachel Dimond/ Kristen Bertuglia ACTION: Table to April 9, 2012 MOTION: SECOND: VOTE: CONDITIONS: 5. Approval of March 12, 2012 minutes MOTION: SECOND: VOTE: 6. Information Update 7. Adjournment MOTION: SECOND: VOTE: 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. 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 March 23, 2012, in the Vail Daily. Page 2 TOWN OF VAIL� Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 26, 2012 SUBJECT: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the zoning administrator's determination that an appeal form submitted by the Vail Gateway Plaza Condominium Association on January 4, 2012, was untimely, and therefore, can not be heard by the Planning and Environmental Commission. This determination was made in accordance with Section 12-3-3.3 of the Zoning Regulations of the Town of Vail. The Vail Gateway Plaza Condominiums are located at 12 Vail Road/Lot N, Block 5D, Vail Village Filing 1. Appellant: Vail Gateway Plaza Condominium Association, represented by Lansky, Weigler, and Porter, P.C. Staff: Matt Mire, Town Attorney I. SUMMARY The question to be answered by the Planning and Environmental Commission regarding this appeal is: Did the zoning administrator properly determine that the appeal filled on January 4, 2012, was untimely, pursuant to Section 12-3-3.3, Appeals, Vail Town Code? A confidential memorandum from the Town Attorney has been attached for reference. II. APPLICABLE DOCUMENTS 12-3-3: APPEALS: A. Administrative Actions: Any decision, determination or interpretation by any town administrative official with respect to the provisions of this title and the standards and procedures hereinafter set forth shall become final at the next planning and environmental commission meeting (or in the case of design related decision, the next design review board meeting) following the administrator's decision, unless the decision is called up and modified by the board or commission. 8. Appeal Of Administrative Actions: 1. Authority: The planning and environmental commission shall have the authority to hear and decide appeals from any decision, determination or interpretation by any town administrative official with respect to the provisions of this title and the standards and procedures hereinafter set forth, except that appeals of any decision, determination or interpretation by any town administrative official with regard to a design guideline shall be heard by the design review board. 2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by any administrator with respect to this title. "Aggrieved or adversely affected person" means any person who will suffer an adverse effect to an interest protected or furthered by this title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The administrator shall determine the standing of an appellant. If the appellant objects to the administrator's determination of standing, the planning and environmental commission (or the design review board in the case of design guidelines) shall, at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the planning and environmental commission (or the design review board in the case of design guidelines) determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. 3. Procedures: A written notice of appeal must be filed with the administrator or with the department of community development rendering the decision, determination or interpretation within twenty (20) calendar days of the decision becoming final. If the last day for filing an appeal falls on a Saturday, Sunday, or a town observed holiday, the last day for filing an appeal shall be extended to the next business day, The administrator's decision shall become final at the next planning and environmental commission meeting (or in the case of design related decision, the next design review board meeting) following the administrator's decision, unless the decision is called up and modified by the board or commission. Such notice shall be accompanied by the name and addresses (person's mailing and property's physical) of the appellant, applicant, property owner, and adjacent property owners (the list of property owners within a condominium project shall be satisfied by listing the addresses for the managing agent or the board of directors of the condominium association) as well as specific and articulate reasons for the appeal on forms provided Town of Vail Page 2 by the town. The filing of such notice of appeal will require the administrative official whose decision is appealed, to forward to the planning and environmental commission (or the design review board in the case of design guidelines) at the next regularly scheduled meeting, a summary of all records concerning the subject matter of the appeal and to send written notice to the appellant, applicant, property owner, and adjacent property owners (notification within a condominium project shall be satisfied by notifying the managing agent or the board of directors of the condominium association) at least fifteen (15) calendar days prior to the hearing. A hearing shall be scheduled to be heard before the planning and environmental commission (or the design review board in the case of design guidelines) on the appeal within thirty (30) calendar days of the appeal being filed. The planning and environmental commission (or the design review board in the case of design guidelines) may grant a continuance to allow the parties additional time to obtain information. The continuance shall be allowed for a period not to exceed an additional forty (40) calendar days. Failure to file such appeal shall constitute a waiver of any rights under this title to appeal any interpretation or determination made by an administrator. 4. Effect Of Filing An Appeal: The filing of a notice of appeal shall stay all permit activity and any proceedings in furtherance of the action appealed unless the administrator rendering such decision, determination or interpretation certifies in writing to the planning and environmental commission (or the design review board in the case of design guidelines) and the appellant that a stay poses an imminent peril to life or property, in which case the appeal shall not stay further permit activity and any proceedings. The commission (or board) shall review such certification and grant or deny a stay of the proceedings. Such determination shall be made at the next regularly scheduled meeting of the planning and environmental commission (or the design review board in the case of design guidelines). 5. Findings: The planning and environmental commission (or the design review board in the case of design guidelines) shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this title have or have not been met. 6. Fee: The town council may set a reasonable fee for filing an appeal of an administrative decision, determination or interpretation. The fee will be adopted in a fee schedule which shall be maintained in the department of community development. The fee shall be paid at the time the appeal is filed. Town of Vail Page 3 III. ATTACHMENTS A. Vail Gateway Plaza Condominium Association Appeal materials dated February 6, 2012 Town of Vail Page 4 „ „ Lansky, Weigler & Porter, P.C. Fcbruarv C. 1012 VIA IIANll Dt�:L[VF,RY Town of Vail 1)epartment of Community Developrr�ent 75 South �'rontagc Road Vail. CO 815�7 Rc l�ur! (Jutetiruv P/ci=u (.Oi1GIUll1ll7111171 lI.S,SOC1Cl/l031, I��c. Arthrex, lnc. -� l;nit C•-10 Dear Sir or 1vladam: coP�Y �:� Wendy E. Weigler :;��r,eigler:�?�la��skye:e�g'ecccm 1 �. � � � � V � FEB� 07 2012 OF VAIL I.ansky, Wei�ler & Porter, P.(.,. repres��nts the Vail Ciai.e���ay Plara Conc�uminium Association., lnc. (the "Association"). Plc�ise cor.sidcr this letter ��nd enclosed dc�cun�cnts as the Association''s appeal of the Director of Community Dev�lopi:��e�it�5 d�cision, c�atcd January 18, 2U12, to den�y the nssociation' appea! as untimely. A copy of Cieorge Ruther's Janua�� 14, 2U12 letter is enclosed herewith. nccording to the January 18, 2012 letter, the buildi»g ipermit ���as issued and apprc>ved on Scptember �!l, 201 1. On I)ecembcr 'I5, 201 1, the Community Developmc�lt I)ep�rtmc��t issued a memorandum, thc statcd }�lu•posc of �,��11ic1� �vas to provide a si.immary of the approvcci �use (the "Memorandum"�. /� COpy Ot l�lE MelllOi'�lI1C�lll11 VV3s provi�icd t�> the Association on December 15, 2011. T'he Memorandum acknuwle�.iges that the nssociation �vas not notified ofthe bi.�ildinb permit sincr. the applicant did not propose a change in use, th<�retore, "no joint propert;� owncr signature(s) or notice was requii-cd.” 'I�he ?�Iemoi�andum fiirthcr states `•n��thing reyuir��s homeowners association sig»aturt(s) c�r notice for tlie is�uano: of a buildin� permit in the; Town ot� Vail." Clea�rly, based on the l�rpartrn�nt�s adn�issions, the buildi»g permit ���as issueci without notice to thc; Association. To rcquirc the Assc�ciatior� to have ap�eale�l a decision for vvhich it rcc������1c���c��jce is a i�undamc��tal depri��ation of due ��rc�cess. 1401 17ih Street, Suite 560 Dem.��r, Colorado 8020'I v�r�.a�v�.lanskyweigler.com • Direct 303.382.4153 o Office 303.297.1900 o Fax 303.293.8938 ,:., . , .. . . .� Uf� , . 'l�own ol� Vail 1� ebruary 6, '<'.012 Page 2 0l� 4 Furth.er, th� Assc�ciation was a.dvised by Mr. Ruther tha�t it I�ad the right to appeal the findings set i�orth in the Memorandum. �'1n email c�atecl llecen�iber 22, 20l l from Mr. R.uther to Charles T,ipcon, president of the Association, is enclosed here���ith. The email states "the issue �sic] of a building permit is not an ap��ealable actio» ... ]nsteaci, you may choose to appcal the zoning admiiiistrator's determination of the prc>fcssional office use ... (f you �•ere ta ap�peal you woiild do so in response to the Arthrex, Inc. I�ile memo that was sent to your attention.'' 'I�he ,�ssociation rclicd on ?�1r. lluth�r's representation�, when it subaiiittcd its appeal on January 4, 2f)12. Because the position taken by Mr. Ruthcr in his .lanuary 18, 2012 lctter is completely conU•ary to the representations made on I�ecember 22, 201 l, the Association is appealing the decision to deny the appeal as untimely. We resp�ctfully request tl�at the ap}�eal be heard by the Planning and I-:nvironmE�ntal Commission, as set forth in the 'I'own Code. Yurs�uant to Section 12-3-3 of the Town Code, an "aggrieved or adversely aficcted person" mea�ns any person ���ho ���ill suf�fer an advcrse eftect to an intcre�t protectcd or• i'urthercd by this title. '1'he adverse interest nia,y be shared in common with othcr mcmbers of thc community at lar�;e, btrt shall �xceed in drgree the general inte°rest in commw�ity bood shared by all persons. 1�he Association is the condominium association for th.e Vail Gateway Plaza Condominiums, a mixed-use develo��meilt consisting ot�nine (9) residential units, tourl:een (l4) commercial uniis and thirteen (13) parking spacc units. 'l�he F�ssociation is authorizcd by its gover�iing documents and Coloraciu statute to take action on behalf of its�lf or two or nnore unit owners on matters affecting the common interest community. 'I�he Association and its members are "abgricved ar adversc;ly af�lccted" persons because their property values and marketahility will be negatively iil�pacted by the operation of a surgical skills training iacility ii� Unit C'-10. �l�he comm�rcial units in 'li�c nssociation were intr.nded to be used fi�r 1im.ited putpo5es, as 5et Iorth in the nssociation's Rules aiid Re�ulations. Spe:ciiically excluded from the permitted uscs are;. retail use, restaurant (cxcept for the existin� rest�iurant), bar, photc�graphic, I711lItIllt}1 OC 1T]U�tlz�raph rerroductions, a barber c�r manicure shop, an employment bureau, a labc�r union oFficc, a d�111CC OC I17Uti1C Sll.ldl0, or any type of school. Also excluded is the usc of any eyiiirment utilizi�lg ammonia or other process necessit�iilil� VClltltl�. I��IC RLIICS �'1I'O�lihll 1C��'Cl'IISE:111ti11S �'�'Yl1C}l lCll(� 10 "impair thc rcputation oi� thi: Vail Gatc�vay Builtiin� or its desirability as a high qualit}� �i�[ic� builcl�ng.�° Lansky, Weigler & Porter, P.C. 1 UWIl Ot ��2111 ��ebrua�y ��, ��o i 2 Yage i of 4 'I�he proposed u5e of Unit C-] 0 by Arthrex, lnc. is that of a healthcare, conferen�ce, meeting and!or convention facility, nc.�t of a professie�nal oFfice�. Accorclin�� to the ;vtemorandum, the definitioin of Proiessional Office is as folluws: "A�i of�fice lor the practice of a profi�ssion, such as offices of phy�icians. dentists, la��-yers, architects. enbincers, musicians, teachers, accounlants, and others who through training are qualifie� to perfo�•m services of a prol:essional nature, ��vher�c storage, sale, or display of mcrchandisc cm the premises occupies lcss than ten percent (10°'0) of the floar arca." "I�he Memorandum acknowledges that Arthrex, Inc. is ,1 company that providcs products and services fnr orthopaedic surgcons. �I�he pro��osed use of Unit C-10 is for prescntations and training. Ui�it C;-10 will not be used "for tlle pi•actice of a pi•oi�essioil," as requir�d by tl.�e'I�o���n Code, but ���ill be used as a school %r sw•geons for the purposc of selling orthopedic pr•oducts manufactured by Ai-threx, Inc. �l�he intended use does not fal] within the dcfinition of professional office set forth in the 'I'c:�wn Codc. nrthrex, Inc.'s intended use c�f cadaver specimens is entirely incompatible with a building in which residential units and a restaurant is located. �I�he fact that health and safety precautions will be taken docs not eliminatc tlie i;act tllat cleac] boclies and body parts �vill bc transpc�rted in and out of a. building i�l extremcly cl�ose prc�ximity to the arca:� �vhere peoplc live. slec��, breathe and eat. I'he following documcnts are enclosed in support of this appeal: A completcd ,��ppeals Farm; 2. A lettec from �'lssociation president ('harles Lipcon, dated December 13. 2O1 1, ��ith attached exl�ibits. �I�his lctter sets fc�rth the Associati.on's specific conccrns. including citation� to relevant Codc scctions; 3. A li5t �f name�s ancl aciclresses of all c���.ncrs in the Vail C;ateway P1aza btiildii��: �. Stampcci. aciclressec] en��cl�pc;s for cach pro��ert�- o���ncr listc.d in (3), above. Ac<:ardin�; to thc nppcals I�orm, thcre is no fc� reyuir�d f�r this app�al. It�this is incorrect, c�r if you require adaition�il information, picase do not hesitate to coi�tact me. Lansky, Weigler & Porter, P.C. 'I�o�vn of Vail I� ebruary 6, 2.012 Page 4 of 4 Sincercly, I,ANSKY, V�✓LIGI,k�:R & POR"I'�;R, P'.C'. Wendy F;. We�g er Lansky, Weigler & Porter, P.C. c: E3oard of� Dircctors Vail Gateway Pl�i'7.�1 COIIC�OI711Illlllll ASSUCI;ation, lnc. TOWN OF VAfI � ,Appeais Form Department of Communit�� Development 75 South IFrontage Road Vail, CO 81657 Tel�: 970-479-2128 ww�w.vailgov.com Development Revie�w Coordinator General Information: This form is required for filing an appeal of a Staff, Design Review Board, or Planning and Environmental Commission action/dE;cision. A complete form and associated requirements must be submitted to the Community Development Department within twenty (20) calendar days of the disputed action/decision. Vail Gateway Plaza Condominium Association, Inc. is appealing the C�irector of Action/Decision being appealed: __ _ _____ _. ___ —__ .___ ._.___.. —._ _____ --- � Community Development's decision that the appE�al submitted on January 4, 2012 is untimely. The Planning and, - — - --- ..— — --- -- — -- — — — Environmental Commission should hear the Assc�ciation's underlying appeal regarding proposed use._ _ Date of Action/Deci:�ion: �anuary 18, 2012 _ _ �_ ______�_ George Ruther, Director of Community Developmerit Board or Staff person rendering action/decision: ___. ___ _ . _ �_ _— . .— - .— —_. _—. �—. -- —. Does this appeal irnrolve a specific parcel of land? (✓) yes ( ) no If yes, are you an acljacent property owner? (✓) yes ( ) no Vail Gateway Plaza Condominium Association, Inc. Name of Appellant(s). — -- -- -- -------�— -- - --- -- ---- -- ---- -- -- -- -- c/o Wendy E. Weigler, Lansky�, Weigler & Porter, P.C., 1401 17th Street, Ste. 560, Denver, CO 80202 Mailing Address: - ------ —..—..—� -- -- -- -- — -- --- --�-- --- �. --- --- — -- - -- --- -- — �---- -- --- — .—_ -- — — Phone: 303-382-4153 --- -- — Physical Address iri Vail: 12 Vail Road _ � _ _ _ _ _ __ __ _ ____ __ ____ Vail Gate�way Plaza Legal Description of Appellant(s) Prop, y in'J�: Lot._ . __ Block ___.._.__ Subdivision:____ ,_.______ % Appellant(s) Signat�ure(s): _ ...-- _—. ----- ----�— — — - (Attach a list of signatures if more space is r qu ed). Submittal Requirerrients: 1. On a separate sheet or separate sheets of p��per, provide a detailed explanation of how you are an "aggrieved or ad- versely affected ��erson". 2. On a separate sheet or separate sheets of paper, specify the precise nature of the appeal. Please ci':e specific code sections having relevance to the action being appealed. 3. Provide a list of names and addresses (both mailing and physical addresses in Vail) of all owners of property who are the subject of thf; appeal and all adjacent property owners (including owners whose properties are separated from the subject property by a right-of-way, stream, or other intervening barrier). 4. Provide stampeci, addressed envelopes for e�ach property owner listed in (3.}. PLEASE SUBMIT THIS FGRM AND ALL SUBMITT��L REQUIREMENTS TO: TOWN OF VAIL, DEPP�RTMENT OF COMMUNITY DEVELOPMENT, 75 SOUTH FRONTAGE ROAD, VAIL, COLORADO 81657. For Office Use Orily: Cash CC: Visa / MC Fee Paid: No Fee Meeting Date: . _. _____ .. Planner: Zoning: _ _ Location of the Prc�posal: Last 4 CC # _ __ __.._. Exp. Date: _ __ ___ Auth # __ Received From: __`_____ DRB No.:._ _� _ ^__ __ Project No: _ __ Land Use: _ _ Lot: Block:_ Subdivision: _ Check # oI-oct-11 Vaiil Gateway Plaza Owners Greenauer Design Group c/o Melissa Greenauer 12 Vail Road, 'Suite 1000 Vail, CO 8165�7-5063 12 Vail Road, Suite 800 Highline Spor�ts & Entertainment, Inc. c/o Brausch 8� Deighan 12 Vail Road, Suite 500 Vail, CO 81657 12 Vail Road, Suite 500 Kelly Liken, LI_C c/o Kelly Liken 12 Vail Road, Suite 100 Vail, CO 8165�7 12 Vail Road, Suite 100 Timberline C��mmercial Properties, Inc. c/o Kevin Deighan 12 Vail Road,. Suite 600 Vail, CO 816`.i7 12 Vail Road,, Suite 600 Charles R. Lipcon and Irmgard Lipcon 3522 Bayshc�re Villas Drive Miami, FL 3��133 12 Vail Road, Suite R5 {.} M.R. Gateway, LLC 5151 Collins Avenue, Suite 1727 Miami Beach, FL 33140 12 Vail Road,'iuite R3 Charles R. Lipr_on and Irmgard Lipcon 3522 Bayshore Villas Drive Miami, FL 331.33 12 Vail Road, Suite RS M.R. Gatewa�i, LLC 5151 Collins �►venue, Suite 1727 Miami Beach, FL 33140 12 Vail Road, Suite R2 Edward Flak ��nd Carolyn Flak 7601 NE Spar�ish Trail Court Boca Raton, F�L 33487 12 Vail Road, Suite R4 Gore Creek Holdings, LLC c/o Russell Standard Corp. PO Box 479 Bridgeville, PA 15017-0479 12 Vail Road, Suite R1 Deer Spring, LP 1351 Freepo�rt Road Pittsburg, PA 15238 12 Vail Road,. Suite C14 Deer Spring, LP 1351 Freeport Road Pittsburgh, PA 15238 12 Vail Road, Suite C13 {.} Deer Spring, LIP 1351 Freeport Road Pittsburg, PA =L5238 12 Vail Road, :�uite C15 HSE Investment Partners, LLC 12 Vail Road, 'Suite 500 Vail, CO 8165'7 12 Vail Road, Suite C8 Timberline Co�mmercial Holdings, LLC 12 Vail Road, Suite 600 Vail, CO 81657 12 Vail Road, Suite C7 Ryan Gateway C-6, LLC 54 Beaver Dam Road Vail, CO 81657 12 Vail Road, Suite C6 Anthony Vangalis and Patricia E. Peeple�� PO Box 3007 Vail, CO 816��8 12 Vail Road, Suite C9 White River iacquisition Corp. c/o Ellis & Hirsberg CPAS, Attn: Cathy D�avis 219 East 2"d 'Street PO Box 400 Clarksdale, MS 38614 12 Vail Road, Suite R6 GGG, LLC PO Box 5963� Vail, CO 81658 {.} 12 Vail Road, 5uite C1 GGG, LLC PO Box 5963 Vail, CO 8165�8 12 Vail Road, Suite C4 GGG, LLC PO Box 5963 Vail, CO 81658 12 Vail Road, Suite C5 Leo Palmos 2775 Iris Avenue Boulder, CO �30304 12 Vail Road, Suite R7 TNG Holdings, LLC c/o Tom Greenaur PO Box 5963 Vail, CO 816!i8-5963 12 Vail Road, Suite C10 James Thomas Bates and Catia Bates 524 Isle of Capri Fort Lauderciale, FL 33301 12 Vail Road, Suite R8 Vail Gateway Plaza 12 Vail Roacl, Suite 600 Vail, CO 816�57 12 Vail Roaci, Suite C11 {.} Gore Creek Haldings, LLC c/o Russell Standard Corp PO Box 479 Bridgeville, PA 15017-04779 12 Vail Road, `.>uite R9 GGG, LLC PO Box 5963 Vail, CO 8165f3 12 Vail Road, :5uite C3 GGG, LLC PO Box 5963 Vail, CO 8165�B 12 Vail Road, Suite C2 J. Michael Spriggs PO Box 6365 Denver, CO 80206 12 Vail Road, #P1 Vail Gateway, LLC 12 Vail Road, Suite 600 Vail, CO 816��7 12 Vail Road, #P7 GGG, LLC PO Box 5963 Vail, CO 816!i8 12 Vail Road, #P13 Eugene G. F��hey & Nora E. Fahey Trustee 161 Clarksori Executive Park Ellisville, MO 63011 12 Vail Road, #P5 {.} Klaus & Marc Schwarzkopf 293 Perry Stre�et Port Perry 15Ei CANADA 12 Vail Road, #P4 Rupert Oberl��hr 2645 Davos Trail Vail, CO 81657 12 Vail Road, #P8 Hanno J. Fontaine Trust 2050 S Aia Unit 1 Jupiter, FL 33�477 12 Vail Road, #P11 Vail Gateway, LLC 12 Vail Road,, Suite 600 Vail, CO 816!i7 12 Vail Road, #P6 Helmut Reis�� Trust — Helmut Reiss Trustee 1401 Laven�ler Lane Laguna Beac:h, CA 92651 12 Vail Road, #P3 Hans Wiem��nn Living Trust, Hans Wiernann Sole Trustee 14639 Malla�rd Lake Drive Chesterfield, MO 63017 12 Vail Roacl, #P9 James H. Schink and April T. Schink 300 N. Lasalle, 3900 Chicago, IL 60654-3406 {.} 12 Vail Road, �fP10 J. Michael Spriggs PO Box 6365 Denver, CO 80�206 12 Vail Road, #P2 Hanno J. Font;aine Trust 2050 S. Aia, Unit 1 Jupiter, FL 33�177 12 Vail Road, #P12 {.} From: Senf: Rcvd.� To: CC: BCC: Subject CRL (sealaw@aol.com) Sat 12/24/2011 �03:31 PM Sat 12/24/2011 03:31 PM Wendy Weigler Charles Lipcon I;sealaw@aol.com) Fwd: Arthrex, Inc. File memo Sent from my iPad Charles R. Lipcon Lipcon, Margulies, Alsina & Winkleman P.A. One Bis�cayne Tower Suite 1 l76 Miami, 1=lorida 33131 Tel. 30`.>.373.3016 ext. 230 Fax. 305.373.6204 Email: sea law .aol.com Web: www.lipcon.com Begin fc�rwarded message: From: George Ruther <GFZuther(a�vailgov.com> Date: December 22, 2011 6:22:33 PM EST To: "'Sealaw(a�aol.com"' <,�ealaw(cr�,aol.com> Cc: Matt Mire <MMire vailqov.com> Sub�ject: RE: Arthrex, Inc. File memo Mr. Lipcon- I spoEce with our Town Attorney. Based upon our review, the issue of a building permit is not an appealable action. Espec.ially given our undei�standing of your apparent objection. Instead, you may choose to appe��l the zoning administrator's determination of the professionai office use. This is an appealable action pursuant to the �Town Code. An a��peal of an administrative action is heard by the Planning and Environmental Commission. If you were to appeal you would do so in respc�nse to the Arthrex., Inr. File memo that was sent to your attention. A copy of an appeal form can be found at the web aiddress below. Please note there is an appeal period. Please do not hesitate to submit any questions you may have in writing to me. I will follow up with you in writing as well. Thank you and enjoy the hc�lidays, http:/%www.vailqov.com/docs/dl forms/Appeals F<�rm 100111.pdf George Ruther, AICP Direc;tor Community Development Desc:ription: Description: DE�scription: Description: cid:3383116683_754;3922 970.��79.2145 970.376.2675 vailq,�v.com twittE�r.com/vail ov Desc:ription: Description: DE�scription: Description: cid:3383116683_753;3428 TOWN Of 75 South Frontage Road West Vail, Colorado 81657 vailgov.com January 18, 2012 Wendy E. Weigler Lansky, Wei�gler & Porter, P.C. 1401 17th Street, Suite 560 Denver, Colc�rado 80202 Dear Ms. WE�igler, Community Development Department 970.479.2138 970.479.2452 fax This letter is in response to ar� appeal of the zoning administrator's determinati��n that was filed on behalf of Vail Gateway P'laza Condominium Asso�ciation, Inc. by your firm. Your appeal form states that the action or ��ecision being appealed is proposed use of Unit C-10, Vail Gateway Building, Vail, Colorado. Regretfully, I am writing to infc�rm you that the appeal filed on behalf of the Vail Gateway Plaza Condc�minium Association, Inc. is untimely, and therefore, shall not be heard by the Planning anc� Environmental Commission. This is based upon Section 12-3-3.3 of the Zoning Regulations of the Town of Vail, dated records maintained by the Town of Vail Community Development on building permit numlber 611-0274 (Unit C-10, Vail Gateway, tenant improvement) and legal advice of the Town Attorney. Pursuant to Section 12-3-3.3, Zoning Regulations of tF�e Town of Vail, an appe�al of an administrativ�e action or decision must be filed within 20 days ��f the date that the decision becomes fin,al. In this case, the adn�inistrative action or decision occurred on the date that building perrnit number 611-0274 was approved and signed o�ff for issuance by my Department. The building permit was approved and signed off for issuance on September 21, 2011. Section 12-3-3.3 further state:� that the action or decision of the administrator shall become final at the first Planning and Environmental Commis.�ion ("PEC") meeting aftE:r the action or dec;ision is made, unless called up for review by the PEC. The first meeting ��fter the action or dec;ision was made occurre�� on September 26, 201'1. The approved minute:� of the PEC meetin�3 on September 26`h verii�y that a request for a call up by the PEC did not occur. According to Town records your appE�al form was filed with th�� Town of Vail Communi1ty Developmen�t Department via hand d��livery on January 4, 20'12. Inclucied with my letter are the� appeal documents and materials received by my Department ��n January 4, 2012. Shauld you have any questi��ns or concerns with regard to the information ��rovided in this letter plea�se do not hesitate to coritact me by telephone at (970) 479-2145 or by email address at yruther �vailqov.com. Since�rely, r{ .��. .�'���� � Geor��e Ruther, AICP Director Community Development Towr� of Vail c: Vail Gateway Plaza Buildin�� Legal file Town of Vail Page 2 � �-, ' . : . u'r's ; .. -, , �� Larsky, �iVeigler & Porter, °.C. .lanuarv �. ?�J12 VIA 1-IAN11 Ut�:1.IVI�:12Y �I�o�vil of Vail Uepai-tmcnt al� COl11Il1UIlliy' I)eVC�Oj)1'IlClll 7� South l�r�antage Road Vail. CO 81 b�7 R�: I url Gnletircn• /�I(1=U C Ui1cI(Ilillllli(!)1 -l.ti.���c•ialir�;t. I�tc•. flrthrex, Inc. - l!nit C`-10 Uear Sir c�r MadLiill: � Wendy E. Weigler ;^;,ve!;Ir.r'Q�IdnskysvcigiF-r.COn? 1_ansky. Vv'ci�l�r ��C I'c�rtcr. Y.('. rci�rescnts th� tiail G���tc�vay 1'laza ('ondonlinitnn ,�ssociation. Inc. (thc `�lssociatii,n")�. I'l�as: c<>>:sidcr tl�is l�ttcr a>>�l �nc:loscci documents as thc Associatiun's appeal of the %onin� /\dministrator a�id/�r Plai��nii��, I��am�s ctct�rii;ination ihai tl�e ��roposcd u�;e ot�i!nit C-lU hy ��rthrcx. Inc. is a profcssicmal c+l�icc. �I�his �lctern��inatiun ���as ciocumented in a 1�1em��ran�juil� date�.l I)ecember 15, 2O1 1, f�rr,m tlic "l�i��vi� o1�Vaii Comniti»it}� I)c�•elopment I)e�iartm�nt (the `'!��Icrnor�u�dum''). P�n•suant to Section 12- �- � of th� �l�i>�� n��'ode, ail "a�c;ri���ed or adversel}� aCfceted person" means any per5on �ho will suticr an acl��crsc �t�fect t�u an interest pri�tectc:d or f�urthcrr� by this titic. 'I'hc ad� crsc interest i1r<�y l�e �h�rc�i in comman �w�ith other n�cmbers of thc communit� at large, but shall e�ceed in dc�rcc tl�c �,encral incerest in �c�i»munity �oocl sh�ired by all �crsons. '[ he: Associatic>n is thc condominium associatic�n l��i• the �'ail Ciate�.��a}� Pl:i�a C'ondominiums, a n�ixed-use development con`.iISl111L O� I7111t; ���� 1'eSl(it1111�i� lUlllS, iOLll'1tC17 � I�� commercial units and thirteen (13) parkii�;, s��ace unit�. �I�hc flssc>ciatiun is autl�arizu�l h}� its <�ovcrnin� �:locuments and ('c�lorado statutc tc> takc actic�►� c�n b�hc:Il�oCitszlf or t���c� or niurc unit owncrs c�n rnatters af�iectin�, the corrimoil ir.ter�st cun�inunit}. Attorneys ,at Law idUl 17th �treet. Suite 5f;0 Denv�r, folorado 802U? .,�:r,v.lan :ky,,.:e�gler.con-, n Direct 303�.382.4153 ?� Office 303�.297.1900 �� Fax 30��.293.8938 !J � C�OM[��(�1� JAN 0 4 2��12 �roi%vn� or v�i� 'rc����n oi� Vail .Ianuacy 3, 2012 Page 2 of � 1�hc ,Association and its membcrs are "ags�rie��cd or adversely affectcd" persons bccausc their property values and niarketabilil:}� will be iie�ati� ely impacted by the op�ratic�n of a surgical skills training facility in ilnit G10. "lf�he comm�rcial units in thc Association were intend-rd to be used for limitecl purpos�s, as set fort}�� in the ��ssociation's Rul�s and Regulaticros. Speciiically excluded fram thc permittcd uses arc retail use, restaurant (excepl tor thc existing restaurant), bar, photographic, multilith or multig,raph reprocluctions, a barber or manicurc; shop, an. employment. bureau, a labor union oifice, a dance or �i�usic sti:�dio, or any type of school. Also excluded is 'lhe use of any CC]L11�IIll'.l�t 11LIIIZ111� aIllillQlllfl OC Otj'iEi �)1'OCeSS IICCCSS11ating venting. "l�hc Rules prohibit advei�tiscn�cnts ���'llich tend to `'impair the reputation of tlle Vail (iatc��vay �3uilding or its desirabiliiy as a high cluality c�1'ficc htiilding." The propused use of Unit G10 by �lrthrex, Ine. is that oFa healthcare, conleren.ce, meeting and/or convention facility, not of a proi-e�sional officf.. Accorclin� tc� the Merriorandum, the definition of Professional Oftice is as follov��s: "nn oFfice for the practice of a profession, such as offic;es of physicians, dentists, law��ers, architects, ei��,ineers, musicians, teachers, accountants, ancl others who through training are ��ualified to pei•form scrvices oi�a proressic»lal iiaturc, whci•e stora�e, sale, or displa�y of inerchandisc on thc premises occupies icss th��n teii percent (10°,/0) of the flooi• area." "I'he Memorandwn acknowledges that Arthrex. Inc. is a compauy that provides products and services for oi�thopaedic surbeons. 'l�he propos�c� use of Unit C-10 is [or presentations and training. Unit C-10 will not be used "for the practice of a�rofession," as i-cquired by the "l�o���n Code, but ��-ill be used as a school for sur�;ecros for the pw•p�se oi�selling orthopedic products manufactured by Arthrex, Inc. "I�he intenclecl usc does not fall within thc definition of professional office set fc�rth in thc'Town C'ode. /\rtl�irex, Inc.'s intcn�led use of cadaver speci►��ens is cntirely incc�mpatible with. a builcling in which resid�ntial units and a restaurant is located. The iact that health and salcty precautions will b� taken does nc�t eliminate the 1�act that ciea�l boc�ies an�l body parts will bc transported in and out of a. b�iilding in c�tremely cl�sc prc�ximity tc� the arca�� �vhere people live, slecp. hrcathe and cat. Thc followin�� do�umcnts arc' lI1C�OtiCCI 111 Sll[I��OCt Ot IIIIS a�pcal: A complctccl ;�ppeals f�urm; Lansky, Weigler & Porter, P.C. �r����, ��t�vd�i January 3, 2012 1'a�e 3 of� 3 2. A lettec� from ��ssociation presicieilt ('ha.i•les Lipcon, dated I)ecei�nber 13, 2011. �vith attached e�hibits. 'I�his letter sets forth the Association's specitic concerns, including cit��tions to relcvant Code sections; 3. A list oi�name�� a���i adcicesses oi'all o����zcrs in the Vail Ciate���ay Plaza buildi»c:; 4. Stampec�, addr���ssed eil��elopes ior eac:li property owner list�d in (i), abo�e. Accoi�ding to the ,�lppcals I�orm, there is no ice i•cquirc:d for this appcal. If�tliis is incorrect, or if you require additiunal information, please do not hesitate to contact me. Sincerely, I..ANSKY, VvF;IGI..L'R & YOR�rF:K,1?.C. Wendy f:. VJeigler c: Hoard of I)irectors Vail G��tc���av Plara Condominium Assoc:iation, Iilc. Lansky, Weigler & Porter, P.C. Law Offices LIPCON, MA.RGULIES, ALSINA & WINKLEMAN, ]'.A. One Biscayne To�n+er, Suite 1776 Two South Biscayne Boulevard Miami, Florida 33131 TEL 305-37:3-3016 800-83f3-2759 Fax 305-37<;-s2oa WEB vhvw.lipcon.com December 13, 2011 Town of Vail� Attn: Plannin�g Department 75 S. Fronta�;e Road Vail, CO 81657 Ricardo V. Alsina Charles R. Lipcon Jason R. Margulies Michae! Winkfeman Carfos F. Lfin�s Negret `Stacey Z. Margulies "Tonya J. Meister 'of counsel Rc: Arthrex, Inc.'s_Propose:d Cadaver Facil�tv in the� Vaii_Gafewa�Building To Whom It May Concern: As Presic�ent �f thc Gateway Condominium Association for the Vail Gateway Bui]lding loca.ted at 1�! Vail Road, Vail, CO 81657, it has come to my a�ttention that a company called Arthrex Inc. is attempting to open a"wet lab" medical facility �Nhere huma�i cadavers will be medically o��erated on. To makc cn,atters worse, Arthrex has done nothing to obtain any approval from the homeowners associ<�tion; and has done nothirig in order to cornply witlh the applicable Zoning laws. I have obt�iined a Temporary Restraining Order in order to stop Arthrcx, and hereby request this Honc�rable Commission immeciiately look into this alarming issue. The `✓ail Gateway Building falls under the Special Development llistrict (SDD). [See Official _7,onrng Map attached heretn �and marked as Exhibit 1. ] According to the Vail 7'own Code: "Determination of permitted, ca»ditional and accessory us��s (in the SDD] shall be rnade by the plan�aing and cnviranmental commission and town council as a part of the fc>rmal review of the; proposed development plan. Unless further restric:ted through the revicw c�f thc proposed sp��cia.l development distr•ict, permitted, conditional and accessory uses shall be limited to tliose permitted, conditioc�al and accessory uses in. a property's utrderlyi�:g 2one district." — 12-9A-6. �See F.xhibit 2 attcrched.J It is imy understanding that A.rthrex has failed to compl�� with these requirements. As such, the Planning and Environmental �Commission and Town Cc�uncil should formally deny the proposed use; of Arthrex's property. If the review of Arthrex's proposed facility does not restrict the use, then ii is detcrn.iined by the property's underlying zone district, which in this case is t:he Commercial Service Center {CSC) district. jSee the list of the C:SC district's permittec� cnnditional and accessory uses attached hereto and marked a.s Exhibit 3.J As the ]ist shows, khe CSC district considers "professional oifices, business offices, and studios" perr.nittcd uses. — 12-7E-3. �Exhibit 3. J Under the Code, the term "professional office" is defineci as follows: "An office t'or the practice of a profession, such as offiees of physieians, dentists, law.�ers, archiiects, engineers, musicians, teachers, accouu�tants, and others who through training are qualiixed to perform servic�es of a professional nature, where storage, sale, or display of inerchandiise on the premises occupi��s less than ten percent (10%) of the floox a�•ea." —12.-2-2. [See F,xhibit 4 attached.J Clearly a company which offers a training lab�ratory with cadavers is not a typical "professiona�l office" as intended by the Code. As ta the CSC districYs condi.tional uses, Arthrex coulci potentially only fall un�jer a "convention facility." — 12-E-4. In order for such use to be permitted as a conditional use, tl�ough, Arthrex must obtain a conditional use pernut. —12-E-4. [lsxhibit 3.J The process of obtaining a condlitional use permit is governed by Chapter 16 of the (�ode. [See Chapte�• 16 attached hereto and marked as Exhibit S.J First„ the applicant needs to submit an application which must include "C. A description of the precise nature of the proposed use and its operating characteristics.... F. Such additional material as �the administrator nnay prescribe or thc applicant may submit pertinent to the application and to the �ndings prcrcquisitc t:o the issuance of a conditional use permit.... G. A list of the owne:r or owners of record of the properties a�3jaccnt to the subject property... The list... sh�al include the names o�P the individuals, their mailing addresses, and the general description of the property ownE;d or managed by each. Accompanying th�c list shall be stamped, addresscd envelopes lo each individual or agent to be notsed to be: used for the mailing of the notice of hearing. It will be the applicant's responsibility to provide: this information and stam�ped, addressed envelopes, .. H. If the property is owned in common (c;ondominium association)... the written approval o�f the other property owner, owners ar ap�plicable owners' associa�tion shall be required." -- 12- I6-2. fExhibit S.J Upon. submitting the applicatio�n, the Planning and Envii•onmental Commission ho�lds a public heati�ng, wherein the commiss�ion may approve the apj�lication as submitted or may approve the application subject to ccriain conditions which may include, but not be limitf:d to, "regulation c�f... methods of operation" and "control of potential nuisances". — 12-16-5. (E;rhibit S..J The Cod�e defined a"nuisance" z�s follows: "any act or condition which endangers the public health or environment or results in annoyance or discomfort to the public or dama:ge to any property or injury to a��y person." -- 5-1-1 [See Exhibit 6.J �'actc�rs which the commissio2i considers when decidin; on a conditional use pernut application include the following: "1. Relationship and impac:t of the use on development objectives o:f the town.... 4. Effect up��n the character of the ar�ea in which the proposed �use is to be locatcdl, including the scale and t>ulk of the proposed use in� relation to surrounding uses... 5. Such other factors azld criteria as the commission deems appl:icable to the proposed use:... 6. The environ�mental impact report concerning the proposed us.e, if an environmental irapact repurt is required by chapter 12 of this title." — 12-12-16-6(,A) [Exhibit S.J In additio», the cotnmission must iuid that tlie "proposcd location of the use and the conditions under which it would be o��erated or maintained vvilll not be detrimental to the public health, safcty, or -2- L I P C O iN , M A R G U I. [ E S, A L S 1 N A & W I N K L E M A N, P. A. welfare, or maierially injuriuus to �oroperties or improveme:nts in the vicinity." — l:Z-16- 6(B). jExhibit S.J In rej;ard to the environmental iimpact report, according tc� Chapter 12, the report shall be submitted to the administrator for any project �vhich the �administrator determines may sigtuficantly change the environment, f;ither during construction or on a continuing basis, di�e to: potentially rf;sulting in a"harard to health and safety" or involving "any process which results in odor that may be objectionable or damaging" (among others). — 12-12-] [See Exlsibit 7.] Chapter 12 ��iscusses both the stuciies and data required (12-12-4} as weil as the cotrtent.s the report should coniain (12-12-5). "I'h�, Planning and Envirorunental Comtnission reviews tbe report and eiil�er approves, disapproves; or requests changes in tlie project in writing. — 12-1�!-11. In the event that Artluex's us�� does not fa11 under any of thc defined pernutted uses, conditional uses and accessory uses of'the district, section 12-4-2(B) may govern. Such se:ction pr�vides that the perrnitted uses, condiitional uses and accessory� uses in the particular di:,tricts shall be deemed to be exclusive uses fi�r fhose districts, and any use not spec�cally permiitted as a`permitted use' is prohibited unless a determination of `similar use' is ma�ie in accordance with section 12-3-4. �See �xhihit 8.J To be clear, Arthrex has taken none of the required sl:eps in order to even be�;in to develop such a facility. As such, pl.ease act immediately to review this alarming situ,ation, ineluding a r�ublic hearing, and to requiire an environmental impact report. Your irntned:iate attention to this matte�r is sincerely appreciated. /s/ Churles I;ipcnn CHAW ES 1K. T,TPCON President of the Gateway Condominil.un Association -3- L I P C O N, M A R G U L( L S, A L S I N A SC W 1 N K L E M A N, P. A. i � �� m _ -�... x W I .�+aon Stcrling Codifiers, Inc. ART�CLE A. SPE(�IAL DEVELOPNiENT (SDD;� �I�i'�IC`1" 12-9A-1: PIJRPOSE AND APPLICABILITY: A. Purpose: The purpose of the speci��l development district is to encourage ffexibility and creativity iin the devefopment of lar�d in order to promote its� most appropriate use; to improve th�e design character and quality of the new development with the town; to facilitate tPie adequate and econonnical provision of streets and utilities; to preserve� the natural an�� scenic features of ope�n space areas; and to further the overall goals oi� the communit,y as stated in the Vail comprehensive plan. An approved development pl;an for a special cievelopment district, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the specia.l development district. B. Applicability: Special development districts do not apply io ,�nd are not available in'the following ��one districts: hillside re:�idential, single-family residential, two-family residential and two-family primary/secondary residential. (Ord. 29(2005) § 26: Ord. 9(1994) § 1: Ord. 21(1988) ?3 1) 12-9A-2: DIEFINITI�NS: AFFECTED F'ROPERTY: Properry within a special developm�snt district that, by virtue� of its proximity or r�elationship to a propose�d amendment request to� an approved development plan, may be affected by redesign, dE:nsity increase, change in uses, or other modific��tions changing the impacts, or character of the approved special dE�velopment district. AGENT OR AUTHORIZED REPRESENTATIVE: Any individuai or association authorized or empowered in writing by the property owner to act on his (her�) stead. If any of the property to be included in the special development district is a condominiumized development, the pertinent condominium association rr�ay be considered the aglent or authorized representative for the individual unit c>wners if authorized in c��nformity with all pertinent requirements� of the condominium association's declarations and all other requirements of the condomiriium declarations are mf�t. MAJOR AME:NDMENT �PEC AND/OR COUNCIL REVIEW): ,Any proposaf to change uses; increase gro:as residential floor area; change the number of dwelling or accommodati��n units; modify, enlarge or expand any approved special develapment district (other tha�n "minor amendments" as defined in this section), except as pr��vided under section 12-15-4, EXHIBIT � � 1 of 8 5terling Codifiers, Lic. "Interior Con��ersions", or 12-15-5, "A��ditional Gross Resideni;ial Floor Area {250 Ordinance)", �of this tiile. M1NOR AMEINDMENT (STAF� REVIIEW): Modifications to building plans, site or land:>cape plans that do not alter the basic inteni; and character of the approved special developrnent district, and are consistent with the dE:sign criteria of this article. Minor amendments rriay include, but not be limited to, variatioris of not more than five feet (5') to approved setk�acks and/or buildin�g footprints; changes to landscape or site plans that do not adversely impact pedestrian or vehicular circulation thr��ughout the speciai devE�lopment district; or chariges to gross floor area (excluding residential uses) of not more than five percent (5%) of the approved square footage of retail, office, common areas and ��ther nonresidentiai floor area, except as prc�vided under section 12-15-4, "Interior Conversions", or 12-15-5, "Additional Gross ResidE�ntial Floor Area (250 Ordinance}", of this title. UNDERLYIN�� ZONE DISTRfCT: Th�: zone district existing ori the property, or imposed on the property <�t the time the special dE:veloprnent district is ap��roved. The following zone districts are ��rohibited from special d�avelopment districts beir�g used: hillside resideni:ial, single-family residential, two-family re�sidential, two-family prirnary/secondary residential. (Ord. 29(200'5) § 26: 4rd. 13(1997) § 2: Ord. 9(1994) § 2: Or�i. 29 (1988) § 1) 12-9A-3: APPLICATI4N: An application fior approval of a special development district rnay be filed by any ownE;r of property to b�� included in the special development district or his (her) agent or authorized representative. The application shall be made on a form provided by the department ��f community development and shall in��(ude: a legal descriptior� of the property, a list of names and mailing �iddresses of all adjacen't property owners and w�ritten consent of owners of all property to b�e included in the special development district, or their agents or authoriz��d representativ�es. The application shall be accompanied by sulomittal requirements in :�ection 12-9A-5 of th�is article and a develaprnent plan as in section 12-9A-6 of this article. (C�rd. 29(2005) § 26: Ord. 21(1988) § 1) 12-9A-4: D►EVEL�PMENT RE��IEW PROCEDURE��: A. Approval ��f Pian Required: Prior ito site preparation, building construction, or other improvements to land within a sp�ecial development distric;t, there shall be an approved development plan for said district. The approved development plan shall establish requirem��nts regulating deve(oprnent, uses and activiry v�rithin a special development district. 2 of s Sterling Codifiers, [nc. B. Preapplicai:ion Conference: Prior to submittal of a formal appiication for a special developmE�nt district, the applicant shall hold a preapplicati��n conference with the departmerit of community development. The purpose of this meeting shall be to discuss the goals c�f the proposed special cievelopment district, the relationship of the propasal to applicable elements of the town's c:omprehensive plan, ancl the review procedure that will be followe�� far the application. C. PEC Cond�ucts Initial Review: The initial review of a propos�ad special development district shall be hE�ld by the pfanning and e;nvironmental commission at a regularly scheduled meeting. Fsrior to this meeting, and at the discretion of the <�dministrator, a work se:>sion may be he�ld with the applicant, st2�ff and the planning and ��nvironmental commission to discuss sp�ecial development distri�ct. A report of the department of community developmE�nt staffs findings and rE;commendations shall bE� made at the initial form�a! hearing be:fore the planning and erivironmental commission. Within twenty {20) da�rs of the closinq of a public hearing on <� proposed amendment, the planning and environme�ntal commission shall ar.t on the petition or prop�osal. The commission m�ay recommerid approval of the petition or proposal as initiatecl, may recommend appr��val with such �modifications as it deems necessary to accomplish the purposes of this t.itle, or may reconnmend denial of the peti'tion or rejection of the proposal. The commissior� shal( transmit its recommendation, toge�ther with a report on the public hearing and its deliberatio�ns and �ndings, to the t��wn council. D. Town Couricil Review: A report of tlhe planning and environ�mental commission stating its findings and recommendations, ar�d the staff report shall trien be transmitted to the� town council. Upon receipt of the report and recommendation of the planning and environmE�ntal commission, the to�Nn council shall set a date for hearing within the following thirty (30) days. Within fir�enty (20} days of the cic�sing of a public hearing on a proposed SDD, the town council shall act on the petition o�r proposal. The town cotancil shall consider but shall not be bound by the recommendation of the pianning and environmE;ntai commission. The tc>wn council may cause a�n ordinance to be introduced to create c�r amend a special development district, either ir� accordance with the recommendation of the planning a.nd environrnental commission or in modified form, or the council may deny the petition. If the council elects to proceed with an ordinanc�e adopting ��n SDD, the ordinance shall be considered as prescribed by the Vail town charter. (Ord. 29(2005) § 26: Ord. 21 {1988) § 1) 12-9A-5: S�UBMITTAL REQUIRIEMENTS: The administ�rator shall establish the :�ubmittal requirements f��r a special developmen�t district application. A complete list of �the submittal requiremerits shall be maintained k�y the administrator and filed in the department of cornmunity develc�pmen#. Certain submitt��l requirements may be waived and/or rnodified by the administrator and/or the reviewin,g body 'rf it is demon;�traied by the applicant i:hat the information and materials required are not 3 of 8 Sterling Codi6ers, Inc. relevant to the proposed development or applicable to the planning documents that cc�mprise the Vail comp�rehensive plan. The adnninistrator and/or the reviewing body may requirE; the submission of additional p(ans, drawir�gs, specifications, samK�les and other materials if deemed nece�ssary to properly evalu�ite the proposal. (Ord. 29(20o5) § 26: Ord. 5(20Ci3) § 14: Ord. 21{1988) § i) 12-9A-6: DEVELC3PMENT PLAN: An approved development plan is the principal document in guiding the development, uses and activities of special development districts. A development plan shall be approved by ordinance by the town council in conj��nction with the review ��nd approval of any spec;ial development district. The developme�nt plan shall be comprisf,d of materials submitted in accordance vvith section 12-9A-5 of this article. The developrnent plan shall contain all relevant matE:rial and information necessary to establish the ��arameters with which the special development district shalf develop. The development �plan may consist of, but not be limited to, the� approved site plan, floc�r plans, building sections and elevatians, vicinity� plan, parking plan, preliminary open space,/landscape pfan, densitiE�s and permitted, conditional and accessoiy uses. (Ord. 29(2005) +,3 26: Ord. 21(1988) § 1) 12-9A-7: USES; Determinatiorr of p.ermitted, condifional and accessory uses shall be rnade by the planning and environmental commission and town council as a part of the formal review of the propased de�✓elopment plan. Unless fiurther restricted through the review of the proposect special development tiistrict, permitte�d, conditional and acce.�sory uses shall be limite;d to those permiti:ed, conditional and accE:ssory uses in a proper[�►'s underlying zone district. Under certain conditions, commercial uses may be permitted in residential specia! development. districts if, in the opinion of the town council, su�ch uses are primarily for the service and c:onvenience of the residents of the development and the immediate neighborhoo��. Such uses, if any, sha�ll not change or destroy the predominantly residential character of 'the special development: district. The amount of ,area and type of such u;>es, if any, to be allowed in a residential sp��cial development district shall be established by the town council as a part of the approved development plan. (Ord. 29(2005) § 26: Ord. 21(1988} § 1 } 12-9A-8: DiESIGN CRITERIA AND NECESSARY FINDINGS: A. Criteria: T'he follawing design crite�ria shall be used as the principal criteria in evaluating 4 of 8 Sterli�g Codifiers, Inc. the merits of the proposed special development district. It :>hall be the burden of th�e appiicant i:o demonstrate that subrnittal material and the proposed development plan comply with each of the following :�tandards, or demonstrate that one or more of them is not applic��ble, or that a practical s�olution consistent with the public interest has been achieved: 1. Compa�ribility: Design compatibiiiry and sensitivity to the immediate environment, neighbc�rhood and adjacent pro��erties relative to architectural design, scale, bullc, building height, buffer zones, idE�ntity, character, visuaf iritegrity and orientation. 2. Relationship: Uses, activity and density which provide a compatible, efficient anc� workable relationship with surro�unding uses and activity. 3. Parking And Loading: Compliance with parking and loacling requirements as outlined in chaqter 10 of this title. 4. ComprEahensive Plan: Conformi�ty with applicable elements of the Vail comprehensive plan, town policies and urban de�sign plans. 5. Natural And/Or Geologic Hazar��: ldentification and mitiqation of natural and/or geologic hazards that affect the property on which the special development distnict is propose:d. 6. Design Features: Site plan, buil+�ing design and location and open space provisions designed to produce a functiona�l development responsiwe and sensitive to natural feature�;, vegetation and overall aesthetic quality of the c:ommunity. 7. Traffic: ,A circulation system designed for both vehicles ��nd pedestrians addressing on and off :site traffic circulation. 8. Landsc�aping: Functional and ae�sthetic iandscaping and open space in order to optimizE� and preserve natural fe�atures, recreation, view:� and function. 9. Workable Plan: Phasing plan or subdivision plan that wil�l maintain a workable, functional and efficient relationslhip throughout the development of the special development district. B. Necessary Findings: Before recommending and/or grantinal an approval of an app(ication for a special development district, the planning and environmental commission anci the town council shall make the faflowing findings with respect to the proposed SDD: 1. 'fhat thE� SDD complies with the standards listed in subs;ection A of this section, unless the appficant can demonstrate that one or more of the sl;andards is not applicable, or that a pi•acticai solution consistent with the public intere:�t has been achieved. 2. That thf� SDD is consistent with the adopted goals, obje�ctives and policies outliried in the Vail comprehensive plan and compatible with the development objectives of the town; and 3. That thf� SDD is compatible witr� and suitable to adjacer�t uses and appropriate i�or the s of 8 Sterling Codifiers, lnc. surroun��ing areas; and 4. That thE� SDD promotes the hea:lth, safety, morals, and c�eneral welfare of the to�ron and promotE>s 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 communit�y� of the highest quality. {�Ord. 29(2005) § 26: Ord. 21(198F3) § 1) 12-9A-9: DIEVELOPMENT STAIVDARDS: Development standards including lot �area, site dimensions, sE;tbacks, height, density control, site coverage, landscaping and parkirig shall be determined by the town council as pa.rt of the approved development plan with ��onsideration of the reco�mmendations of the plainning and environrr�ental commission. Befo�re the town council appr��ves development standards that deviate firom the underlying zone district, it should be detE�rmined that such deviai;ion provides ben��fits to the town that oufi�veigh the adverse effects of such deviation. Thi:� determinatiori is to be made based on evaluation of the proposed special developmer�t district's compliance with the design c;riteria out(ined in section 12-9A-8 of this article. (Ord. 29(2005) § 2i3: Ord. 21 { 1988) § 1) 12-9A-10: �AM�NDMENi PRO(��DURE�: A. Minor AmE�ndments: 1. Minor rnodifications consistent with the definition of "minor amendment" in subsection 12-9A-,? of this article, may be ��pproved by the departrrient of community development. All minor modific��tions shall be indicated on a completely revised develoE�ment plan. Approved changes shall be noted, sligned, dated and filed b}+ the departrnent of community development. 2. Notific��tion of a proposed minc►r amendment, and a re��ort of staff action of saicl request, shall be provided #o alll properry owners within and adjacent to the special development district that may C�e affected by the amenclment. Affected propertie:s shall be as cletermined by the depah�ment of community devE�lopment. Notifications s�hall be postmarked no later than five (!�) days following staff action on the amendment request and shall include a brief staterr�ent describing the amen�dment and the time and date of when tlhe planning and environmental commission will I�e informed of the admini;strative action. In all cases the report to the plan��ing and environmental commi:ssion shall be made witriin twenty (20) days from the date of the staff's decision on the requested amendment. 3. Appeals of staff decisions may be filed by adjacent property owners, owners of 6of8 Sterling Codificrs, [nc. property within the special development district, the appli�cant, planning and environrnental commission members or members of the town council as outlined in section 12-3-3 of this title. B. Major Amendments: 1. Requests for major amendments to an approved special development district shall be reviewe�� in accordance with the procedures described in section 12-9A-4 of this article. 2. Owners of all property requestirig the amendment, or thE�ir agents or authorized represeintatives, shall sign the application. Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the propose�d amendment, owners c�f all property adjacent tc� the special development district, and owners of all proper�ty within the special development district that m<�y be affectedi by the proposed amenciment (as determined by the department of comi�nunity develop�ment). Notification procE�dures shall be as outlin��d in subsection 12-3-�(� of this title. (Ord. 29(20Q5) § 26: Ord. 21(1988) § 1) 12-9A-11: F�ECREATION AMEPJITIES TAX: A recreation ��menities tax shall be as;sessed on all special de�velopment districts in accordance vvith title 2, chapter 5 of tl�is code at a rate to be cietermined by the town c;ouncil. This rate shall be based on the rate c�f the underlying zone di:>trict or the rate which rr�ost closely resembles the density plan for the zone district, whichever is greaier. (Ord. 29(2005) § 26: Ord. 21(1988) § 1) 12-9A-12: 'TIME REQUIREMENITS; A. Start Of Construction; Completion: The developer must begin initial construction o�f the special d��velopment district within three (3) years from th�e time of its final approval, and continue diligently toward the completion of the project. If the special development disirict is to be developed in phases, the developer must begin c��nstruction af subsequent phases writhin one year of the cornpletion of the previous phase. B. Approval Voided: lf the applicant cioes not begin and diligently work toward the coimpletion of the sp��cial development distric:t or any stage of the spE;cial development distric;t within the time Ilimits imposed by the prE;ceding subsection, the ;approval of said special 7 of 8 Sterling Codificrs, [nc. developm�ent district shall be void. The planning and environmental commission arid town council shall review the special development district upon ;submittal of an application to reestablish the special development district following the procedures outlined in section 12-9A-4 of this article. (Ord. 29(2005) § 26: Ord. 21(1988) § 1) 12-9A-13: f=EES: The filing fee for special developmeni: district applications and for major and minor amendments to special development districts shail be set by the town council by resollution. Applications ��eemed by the departmE:nt of community devefopment ta have significar�t design, land use, or other issues whic;h may have a significant impact on the commun,ity may require revie�N by consultants other tr�an town staff. Should a�determination be made I�y the town staff tha�t an outside consultant is needed to review any ;special development district application, said outside consultant slnall be commissioned by� the department of community development. The department of corrimunity development sh��ll estimate the arnount ��f money nece:>sary #o pay the outside �consultant, and this amount shall be forwarded t�� the town by the ��pplicant at the time the special development dis�trict application is submittsd to the departme:nt of community development. Upon completion of the review of the application by the consultant, any of the funds forwarded by the applican�t for payment of the consultant which have r�ot been paid to the con:�ultant, shall be returned to the applicant. Expen:ses incurred by the town in excess of the amount forwarded by the applicant shall be paicl to the town by the ��pplicant within thirty (30�) days of notification by 'the town. (Ord. 29(2005) § 26: Ord. 5(1991) § 1: Ord. 21(1988) § 1) 12-9A-14: EXISTING SPECIAt�, DEVELOPMENT DISTRICTS: Nothing in this article shall be construed to limit, replace or diminish ihe requirements�, responsibiliti�es, and specifications of special development di;�tricts 2 through 21. The town council specifically finds that said spE:cial development distric,ts 2 through 21 shall rernain in full force ancl effect, and the terms, conditions, and agreements contained therein sh��lf continue to k,e binding upon the applicants thereof and the town. These SDDs, if not commenced at the present time, shafl camply with section 1��-9A-12 of this article. (Grd. 29(2005) § �!6: Ord. 21(1988) § 1) 8of8 Sterling Codificrs, Inc. ARTICLE E. C4MIUIERCIAL SEFtVICE CENTEIR (C���) D151'R1C7' 12-7E-1: PIJRPOSE: The commerc:ial service center distric�t is intended to provide sites for general shoppirn� and commercial f��cilities serving the town, together with fimited m�altiple-family dwelling and lodge uses as� may be appropriate without interfering with the basic commercial functions of the zone district. The commercial sen�ice center district is intended to ensure adequate light, air, open spac;e, and other amenities ��ppropriate to permitted types of buildings and uses, and to maintain a convenien# shopping center environment for permitted comrnercial uses. (Ord. 29(200:i) § 24: Ord. 8(1973) § 10.100) 12-7E-2: R1=QUIREMENTS FOR ESTABLISHMENT; DEVELOPMENT PI�AN: A. Review Re�quired: Prior to the estalblishment of any commercial service center district or enlargemE;nt of zone district boundaries, the town council ;�hall by resolution adopt: a general dE�velopment plan for the proposed zone district. T'he development plan may be prepared by an applicant for the establishment of the zone� district or may be prep��red by the town. 'The development plan shall be submitted to the planning and environmental commissian for review, and the pl��nning and environment��l commission shall submit its findings ai�d recommendations on the plan to the town council. B. Plan ContE�nt: The administrator sr�alf establish the submittal requirements for a develapment plan application. A aomplete fist of the submittal requirements shall ��e maintained by the administrator ai�d filed in the departmerit of community development. Certain submittal requirements m��y be waived and/or moc�ified by the administrator andlor the: reviewing body if it is d�smonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to tlhe planning ciocuments that comprisE� the Vail comprehensivE� plan. The administratoi• and/or the revie�nring body may require the submission of additionial plans, drawings, specifications, samples and other materials if deemed nec�essary to properly evaluate the proposal. C. Plan To BE; Guide: The developme�nt plan shall be used as a guide for the subseq�ient development of sites and the design and location of buildings and grounds within �the zone district. AEI plans subsequently approved by the desi�an review board in accoirdance with chaater 1 i of this title shafi s�abstantially conform to trie development plan adc�pted EXHIBIT � t of � St�rline Coclifiers, Inc. by the town council. (Ord. 29(2005�) § 24: Ord. 5(2003) § 9: Ord. 8(1973) § 10.200) 12-7E-3: PE:RMITTED USES: The following uses shall be permitted in the CSC district: Automated teller machines (ATMs) exterior to a building. Banks and financial institutions. Eating and drinking establishments, ir�cluding the following: Bakeries and delicatessens with� food service. Cocktaif lounges and bars. Coffee ;>hops. Fountains and sandwich shops. Restaurants. Employee housing units, as further regulated by chapter 13 o1f this titie. Personal sen�ices and repair shops, including the following: Beauty and barber shops. Busine:>s and office services. Cleanin�g and laundry pick up a�aencies without bulk cleaning or dyeing. Laundr��mats. Smalf a.ppliance repair shops, excluding furniture repair, Tailors and dressmakers. Travel ��nd ticket agencies. �Professional offices, business offices, and studios.l J Retail stores and establishments without fimit as to floor area including the following: 2of7 Sterling Codificrs, Inc. Apparel stores. Art sup��ly stores and galleries. Bakerie;> and confectioneries, including preparation of products for sale on the premises. Bookstores. Building materials stores withoui: outdoor storage. Camera stores and photographic studios. Candy s;tores. Chinaw��re and glassware store:s. Delicatessens and specia(ty fooc� stores. Department and genera! merch�3ndise stores. Drugstores. Electroriics sales and repair shops. Fforists. Food st��res. Furniture stores. Gift shops. Hardware stores. Hobby :�tores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor �,tores. Luggage stares. Music a.nd record stores. 3of7 Sterlinc CodiFiers, Inc. Newsstands and tobacco store�,. Pet sho�s. Photogr�aphic studios. Radio and television broadcasting studios. Sportinc� goods stores. StationE�ry stores. Supermarkets. Toy stores. Variety stores. YardagE; and dry goads stores. Additional offices, businesses, or sen,�ices determined to be similar to permitted uses iin accordance writh the provisions of section 12-7E-1 of this article. (Ord. 12(2008} § 14) 12-7E-4: ClJNDITIONAL USES„ The following conditional uses shalf b�e permitted in the CSC district, subject to issuance of a� conditianal u�;e permit in accordance �with the provisions of cha t.p er 16 of this title: Any use permitted by section 12-7E-3, of this article, which is r�ot conducted entirefy within a building. Bed and breakfasts, as further regulai:ed by section 12-14-18 of this title. Bowling alley. Brewpubs. Child daycare� centers. Commercial I,�undry and cleaning services. Communicati��ns antennas and appurtenant equipment. Dog kennels. Major arcades. 4 o t' 7 SEerling Codifiers, [nc. Multiple-family residential dwellings ar�d ladges. Outdoor oper��tion of the accessory u:�es as set forth in sectior� 12-7E-5 of this articie. Private ciubs. Private parking structures. Private unstructured parking. Public buildincas, grounds and faciiitie:�. Public park ar�d recreation facilities. Public utility and public service uses. Ski lifts and tc�ws. Theaters, meE:ting rooms, andConver�tion facilities�(Ord. 12(2;008) § 14) 12�7E-5: A(;CESS(JRY USES: The following accessory uses shalf be� permitted in the CSC d'istrict: Home occupa�tions, subject to issuanc;e of a home occupation permit in accordance with the provisions of section 12-14-12 of this titfe. Minor arcade:�. Swimming pools, tennis courts, patio�;, or other recreation facilities customarily incider�tal to conditional resideniial or lodge uses. Other uses customarily incidental andl accessory to permitted or conditional uses, ancl necessary for the operation thereof. (��rd. 29(2005) § 24: Ord. 6(1982) § 6(b): Ord. 8(1973) § 10,500) 12-7E-6: L()T AREA ANQ SITE DIMENSIONS: The minimurr� lot or site area shall be twenty thousand (20,000) square feet of buildak�le area, and eac;h site shall have a minirnum frontage of one hundred feet (100'}. (Ord. 12{1978) § 3)� 5 ot' 7 �terling Codific�, Inc. 12-7E-7: Sf�TBACKS: ln the CSC district, ihe minimum front setback shail be twenYy feet (20'), the minimum side setback shali be twenty feet (20'), ancl the minimum rear setb<�ck shall be twenty feet (20'}. (Ord. 29(200Ei) § 24: Ord. 50(1978) § 2) 12-7E-8: HI�IGHT: For a flat or mansard roof, the height of buildings shall not exc:eed thirty five feet (35'). For a sloping raof, i:he height of buildings sr�all not exceed thirty eight feet (38'). (Ord. 37(1980) § 2) 12-7E-9: DIENSITY CONTROL: Not more than forty (40) square feet of gross residential flaor area (GRFA) shall be pE:rmitted for each one hundred (100) square fe�et of buildable site area, and gross residential flc�or area shall no�t exceed fifty percent (5C)%} of total building floor area on any site. Total c�ensity shall not excf;ed eighteen (18) dwellir�g units per acre of buildable site area. A dwelling un.it in a multiple-family buiilding may include one attached accommodation unit no larger than one-third (1/3) of the total �floor area of the dwellinq. (Ord. 31(2001) § 5: Or�d. 50(1978) § 1!�: Ord. 12(1978) § 2) 12-7E-10: ;31TE COVERAGE: Site coverage shafl not exceed sever�ty five percent {75%) of the total site area. {Ord. 17(1991) § 11: Ord. 8(1973) § i 0.601) 12-7E-11: I_ANDSCAPING AN[) StTE DEVELOPME�NT: At least twenty percent {20%) of the i:otal site shall be landsc��ped. The minimum wid�th and length of any area qualifying as land:>caping shall be fifteen f��et (15') with a minimum area not less ihan three hundred (300) square feet. (Ord. 19(1976) § 11 A: Ord. 8(1973) § 10.6Q9) 6of7 Slerling Ccxlificrs, inc. 12-7E-12: F'ARKING AND �OAIaING: Off street parNcing and foading shall be: provided in accordance with chaqter 10 of this 9;itle. At least one-half (1/2} of the required par!�cing shall be located within the main building or buildings. No parking or loading area ,;half be focated in any re;quired front setback area. (Ord. 19{197E�) § 11A: Ord. 8(1973) § 10.610) 12-7E-13: LOCATlON OF BUSIINESS ACTIVITY: A. Limitations; Exception: AI( permitte�� and conditional uses b�y sections 12-7E-3 and 12-7E-4 oi� this article shall be operated and conducted entirely within a building except for permitt�ed parking and loading ��reas and such activities as may be specifically authorized to be unenclosed by a c�onditional use permit and the outdoor display oi� goods. B. Outdoor Display: The area to be us;ed for outdoor display rriust be locafed directly in front of the esta:blishment displaying the: goods and entirely upo�n the establishment's ov+m property. �>idewalks, building entrances and exits, drivewa�is and streets shall not k�e obstructed by outdoor display. (Ord. 34(1982) § 4) 7of7 Stcrling Codifiers, Inc, Chapter 2 ��F�N1iICJNS 12-2-1: WO�RD CONSTRUCTION: Words used in the present tense incluide the future, and vice ��ersa; words used in the singular inclu+�e the plural, and vice vE:rsa; the word "shall" is mandatory, the word "m��y" is permissive; a�nd whenever reference is made to any portion o1� this title, the reference ,�pplies to all amendments and additions now or hereafter made. (4rd. 29(2005) § 17: Ord. 8(1973) § 1.500) 12-2-2: DE1=1N1TIONS OF WORDS AND TERMS: When used in� this title, the words and phrases contained in this title shall have the spE,cific meanings as defined in this section. ACCOMMOD�ATION UNIT: Any room or group of rooms without "kitchen facilities", as defined hereiii, which are designed for temporary occupancy by visitors, guests, individuals, or families on a short term renial basi;s, and accessible from common corridors, walks, or balconies without passing through an��ther accommodation ur�it, limited service lodge unit, fractional fee club unit or dwelling unii:. An accommodation unit is not intended for peri�nanent residency anci shall not be subdividedl into an individual condc�minium unit, pursuant to title i 3, "Subdivision Regulations", of this code. ACCOMMOD�ATION UNIT, ATi'ACHED: A room, without kitch�en facilities, connected to a dwelling unit inrithin a multiple-family ��uilding designed for or ��dapted to occupancy by� guests which is accessible from a cornmon corridor, waik, or k�alcony without passing through anotrier accommodation unit, attached accommodation unit, or dwelling unit. ADMINISTRF�TOR: The administrator of the department of co�mmunity development or hismer desigr�ee. AFFECTED F�ROPERTY: Property within a special developm��nt district that, by virtue� of its proximity or r��lationship ta a propose�� amendment request to� an approved development plan, may be affected by redesign, de�nsity increase, change in uses, or other modific��tions changing the impacts, or character of the approved special dE:velopment district. AGENT OR ��UTHORfZED REPRESENTATfVE: Any individual or association authori;zed or empowered in writing by the property owner to act on his (her) stead. If any of the properry to be included in the special development district is a condomini�umized development, the pertinent con��ominium association may be considered the agent or authorized representativ�� for the individual unit o�wners if authorized in cc�nformity with all pertine�nt EXHIBIT � 1 of 19 Sterling Codifiers,lnc. requirements of the condominium association's declarations and all other requirements of the condominium declarations are met. AMUSEMENT DEVICE: Any device v�+hich upon insertion of a coin, slug, token, plate or disc, or payment oi� consideration may be used by the public for usE� as a game, entertainment, amusement, �� test of skill, either men�tal or physical, whether c�r not registering a score�, which shall in�clude, but shall not be limited to: pool tables, snc�oker tables, foosball taC�les, pinball machines, electronic games, fixed stand coin operated kiddie rides, and mechanical bulls, but shall n�t include radios, devices that provide music only, or television carrying commercial broadcasts. ANNEXED Af�EAS: Parcels of land th�at have been introducecl to the boundaries of thE� town of Vaif. ARCHITECTl1RAL PROJECTIONS: E3uilding projections including, but not limited to, towers, stairs, spires, cupolas, chimneys, flag�poles and similar architectural features. ART IN PUBL.IC PLACES BOARD (AIPPB): The art in public places board establishecl pursuant to title 3. chapter 3 of this code. ATTIC: The space between the ceilinq beams of the top story and the roof rafters. AUTOMOTIVIE SERVICE STATlONS: A faciliiy with retail sale of motor fuel, vehicle se�rvicing and repair an�� optional accessory cor�venience store. AVALANCHE AREA, BLUE HAZARD: An area impacted by a snow producing a total ;�tatic and dynamic �pressure less than six h��ndred (600) pounds per square foot on a flat surface normal to the flow and/or a return interval in excess of twenty ifive (25) years. AVALANCHE AREA, R�D HAZARD: ��ny area impacted by a snow avalanche producing a total static ani� dynamic pressure in e;�cess of six hundred (600) pounds per square foot on a flat surface nc�rmal to the flow andlor �� reiurn interval of less than twenry five (25) years. AVALANCHE AREA, ZONE OF INFLIJENCE: Any area in a pi�tential avalanche hazar�d zone where detaile�� information is not currE;ntly available but which may be impacted by salid hazard. ThesE: zones of influence shall be designated on the ��ppropriate maps of the administrator of the town. BAKERIES AND CONFECTIONERIES; Commercial retail or wholesale properties wh�ose main product> are baked goods and desserts, either producecl on the premises or off :site. BARBERSHC)P: A commercial establishment whose primary t�usiness is the cutting and/or styling of hum�an hair. BASEMENT: IFor the purposes of calculating gross residential floor area (GRFA) on the lowest level of a structure, the total pe�rcentage of exterior wall! surfaces unexposed arid below existing or finished grade, whiclhever is more restrictive„ shall be the percentagE� of the horizonta! area of the lowest level ded'ucted from the GRFA c��lculation. The percentaqe deduction calrulations shall be roundE�d to nearest whoie percent. The lowest level's e�xterior wall surface area shall be measured firom the finished floor elE�vation of that level to the 2 of l9 Sterling Codifiers, Inc. underside of the structura( floor memk>ers of the floor/ceiling a;�sembly above. For the purposes of ttiese calculations, retainl;ng walls and site wa(Is s�hall not be considered F�art of the lowest level's exterior walls. BASEMENT (�R GARDEN LEVEL: F��r the purposes of implementing horizontal zoning within specific; zone disiricts, 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 struc;ture, as determined by the administrator or the planning and environmental commission. M��re than one floor, or portion of floors, ma.y be defined as basement or garden level within a single structure. BATHROOM: A room containing a wc�rking shower or bathtub, sink, and toilet. BAY WIND0INS: A window or series of windows thai projects from the main wall of a building and torming a bay or alcove in a room within. BED AND BFtEAKFAST: A business �vhich accommodates guests in a dweiling unit in which the bed and t�reakfast proprieior lives� on the premises and is in residence during the bed and breakfast use. BOWLING AILLEY: A recreation and E:ntertainment facility whE:re the sport of bowling takes place. A bowlling alley may also inclu��e accessory entertainment facilities and uses such as eating and dr�inking facilities, retail shops, nightclubs, arcade i�acilities, billiards, Ping-F�ong, darts, meeting rooms, and similar usE,s. BREWPUB: ,An eating place which includes the brewing of be:er as an accessory use. The brewing operation processes water, rnalt, hops, and yeast int�� beer or ale by mashinc�, cooking, and fermenting. The area u:�ed for brewing, incfudin�� bottling and kegging, :�hall not exceed fifty K>ercent {50%) of the tota,l floor area of the comm��rcia( space. The brewery shall not produce more than seven thousand five hundred (7,500) barrels of beer or ale per year. A barrei is equivalent to thirty one (311 } gallons. BUILDABLE AREA: Any site, lat, parcel or any portion thereo�f which does not contair� designated floodpiain, red hazard avalanche area, or areas ir� excess of forty perceni: (40%} slope. BUILDING: Any structure having a rc�of supported by columns or walls, or any other enclosed structure, for the housing or enclosure of persons, <�nimals, or property. CHILD DAYCARE CENTER: A resid�ence or facility that provides regular care and supervision, for an entire day or a partion of a day, for seven (7) or more children wh�� are not related to the owner, operator or manager thereof, whether such facility is operat�sd with or without cc�mpensation for such care. A daycare center sha.11 comply with all applic�ible standards for childcare ceniers of th�s Colorado department c�f social services. CLUBS, HE��LTH: A facility where members or nonmembers use equipment or spac�� for the purpose of F�hysical exercise. COMMERC9AL DEVELOPMENT: Any development that includes uses such as business offices, profE�ssional offices, accommodation units, general r��taif, grocery, liquor and 3 of l9 Sterling Codifiers, ]nc. convenience, recreational amenity, re��l estate offices, conference facilities, health clur�s, eating and drinking establishments, sf�rvice oriented business�ss, or similar uses. COMMERCIP�L LfNKAGE: An obligati�on that requires devefopers to provide housing fc�r a certain numbE;r of new employees that are generated by a nevv commercial developmE;nt, focusing solely on a development's irr�pact as related to emplc�yee generation and not taking into account s;econdary impacts. COMMERCI��L SKI STORAGE: Stora,ge for equipment (skis, ;�nowboards, boots and poles) andlor clothing used in skiing related ;sports, which is availablE; to the public or membe�rs, operated by a� business, club or government organization, and where a fee is charged for hourly, daily, rnonthly, seasonal or anr�uaf usage. Ski storage that is part of a lodge, or dwelfing unit, in which a fee is not ch2�rged, is not considered �:,ommercial ski storage. CONFEREN(�E FACILITY: A facility used for conferences, cor�ventions, seminars, bar�quets, and entertainrnent functions, a(ong with accessory functions such as lobbies, preconv�ene areas, and ex:hibition space. C�NVENTION FACILITY: A building ��r portion thereof designed to accommodate thre:e hundred (300) or more persons in as:�embfy, but not including a dining room or meetirig room in a lod��e, if the dining room or meeting room is designE�d to accommodate less than three hundred (300) persons. CREEK OR ��TREAM: A body of flowing water indicated as a perennial stream on the most recent USGS topographic map of the area. DECK, R001=ED OR COVERED: A cleck that is protected from the elements vfa a roof or other similar �;,overing. DEED RESTRfCTION: A permanent restriction on the use, oc;cupancy and transfer of real properry that runs with the land and is recorded against the pi�operty in the Eagle County clerk and recorder's office. DEMO/REBUILD: The destruction, d�:molition, or removal of 1�ifty percent (50%) or rnc�re of the gross residential floor area of an ��xisting dwelling unit or :�tructure. The determin��tion of the fifty percE;nt {50%) shal! be calculated upon "gross residential floor area" as definE�d in ihis section. DENSITY CONTROL: Any requiremE:nt of this title that regulates the number or size c�f dweAing unit:� per unit of land. DESIGN RE'UIEW BOARD (DRB): Design review board established pursuant to title ,3 chapter 4 of this code. DEVELOPMENT: The construction, improvement, alteration, installation, erection, or expansion ot any building, structure c�r other improvement in the town. DORMER: A,n architectural structure prajecting out from a slc>ping roof of a building designed to provide light, air, access, or interior volume to a space and usualfy containing a vertical window or vf�ntilating louver, having �a gable or shed roof, in uvhich the total cumulative length 4 of 19 Sterling Ccxiifiers, Inc. of the dormer(s) does not exceed fifty percenf (50%) of the length of the sloping roof, per roof plane, frc�m which the dormer(s) ��rojects. DORMITORY' UN IT: A iype of employee housing unit which hc�uses not more than five� (5) persons and includes common kitche�n facilities, a common b��throom, and a minimurri of two hundred fifty i;250) square feet of GRf=Afor each person occuloying the unit. DRUGSTORI=: An estab(ishment engaged in the retail sale of prescription drugs, nonprescripti��n medicines, cosmetics; and related suppfies. DINELLING, 'MULTIPLE-FAMILY: A bi.�ilding containing three (3) or more dwelling unit,s, including tow�nhouses, row houses, apartments, and condominium units, designed for or used by three� (3) or more famifies, ea�ch living as an indepenclent housekeeping unit. DWELLING, SlNGLE-FAMILY: A deta�ched building designed for or used as a dwellinc� exclusively b�� one family as an independent housekeeping unit. DWELLING, TWO-FAMILY: A detach��d building containing tv�►o {2) dwelling units, des�igned for or used a:� a dwelling exclusively by two (2} families, each living as an independen:t housekeepin�� unit. DWELL(NG IJNIT: Any room or grou�� of rooms in a two-famil�� or multiple-family building with kitchen facifities designed for or used by one family as an independent housekeeping unit. EMPLOYEE: A person who works an average of thirty (30) hours per week or more on a year round b��sis at a business locate�d in Eagle County. EMPLOYEE HOUSING UNIT (EHU): A dwelling unit which sP�afl not be leased or rent:ed for any period less than thirty (30) consecutive days, and shall bE: occupied by at least or�e person who is an employee. For the purposes of this definition "employee° sha(l meaii a person who �vorks an average of thirty {30) hours per week or more on a year round basis in Eagle Count��, Colorado. ENVIRONME:NTAL IMPACT REPORT: A document outlining the effect of proposed development or action on the enviror�ment. FACILITIES, HEALTHCARE: A facility principally engaged in providing services for hE�aith maintenance, diagnosis or treatment of human diseases, pain, injury, deformity, or ph:ysical condition. FAMILY: Family shall be deemed to k�e either subsection A or� B of this definition: A. An individual, or two (2) or more persons related by blc�od, marriage or adoption, excluding domestic servants, tc>gether in a dwelling uni�: used as a single housekeeping unit. B. A group of unrelated persons r�ot to exceed two (2) persons per bedroom plus an additio�nal two (2) persons per dwelling unit used as a single housekeeping unit. 5 of 19 Sterling Codifiers, Inc. FIRST FLOO1� OR STREET LEVEL: 1=or the purposes of impl��menting horizontal zoning within specific: zone districts, first floor or street level shall be a.ny 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 p�edestrian way, as determined by the administrator or the planning and environmental commission. More thari one floor, or portion of floors, may be defined a;� first floor or street level within a single structure. FLOOD HAZf�RD ZONE: The land in the floodplain subject to a one percent (1%) or g�reater chance of floc�ding in any given year. ,�fhe area may be design��ted as Zone A on the flc�od hazard boundary map (FHBM}. After cietailed ratemaking has'been completed in preparation for publication� of the FIRM, zone A usually is refined into zones A, AE, AH, AO, A1-99,; VO, V 1-30, VE or 'V. FLOOD INSURANCE STUDY: The ofi�icial report provided by i:he federal emergency management agency that includes f(oc�d profiles and water surface elevation of the ba:�e flood as well �is the flood boundary-floodway map. FLOOR ARE��, GROSS RESIDENTIA,L (GRFA): See chapter 15 of this title for GRFA definitions, re��ulations, and requireme�nts for GRFA calculatioris. FLOOR AREA, NET: The total flaor area within the enclosing �valls of a structure not including the following: A. Areas specifically designed and used for mechanical equipment to operate the building. B. Stairways. C. Elevators. D. Commcm hallways. E. Commc�n lobbies. F. Common restrooms. 6 of 19 Stcrling Codifters, Inc. G. Areas ��esigned and used for parking. H. Areas ��esigned and used as si;orage which do not havE: direct access to an individual office oir retail store, not to exceed five percent (5%) of the total proposed net floor area for office and not to exceed eigP�t percent {8%) of the total proposed net floor arf;a for retail. "Common areas" are spaces for which all tenants in the building contribute toward the upkeep and maintenance #here��f and are not used for employee working areas. FLOOR AREA, SEATING (Used Only For Calculating Parkingi Requirernents): The floor area within the enc;losing walls of a business or structure that is devoted to the seating of guests for dining or rneeting purposes, exclusive of lobbies, p�efunction areas and kitchen fac;ilities. FRACTIONAL FEE: A tenancy in common interest in improve�d real property, includinc� condominiums, created or he(d by persons, partnerships, corporations, or joint ventur+:s or similar entities, wherein the tenants ir� common have formerly arranged by oral or written agreement or� understanding, either r4:corded or unrecorded, ��Ilowing for the use and occupancy of the property by one or more cotenants to the ex:clusion of one or more cotenants duiring any period, whether annually reoccurring or not which is binding upo�n any assignee or fiuture owner of a fractional fee interest ar if such agreement continues to be in any way binding or effective upon an�� cotenant for the sale of any interest in the prop��rty. FRACTIONAL FEE CLUB: A fraction<�! fee project in which ea.ch dwelling unit, pursua;nt to recorded project documentation as approved by the town of V'ail, has no fewer than six (6) and no more than twelve (12} owners per unit and whose use is established by a rese�rvation system and i;> managed on site with �� front desk operaiing tweniy four (24) hours a d<�y, seven {7) da}rs a week providing rese�rvation and registration �:,apabilities. The project shall include, or be� proximate to transporta�tion, retail shops, eating and drinking establishrrients, and recreation facilities. FRACTIONAL FEE CLUB UNIT: An individual dwelling unit in a fractional fee club de:;cribed as such in thE: project documentation and not an accommoda1�ion unit within the fractional fee club. No offer� of a fractional fee club unit shall be made exceK>t pursuant to an application for registration and cert�fication as a sub��ivision developer of a tiimeshare program or an exemption frc�m registration approvecl by the state of Coloradc� real estate commissior� pursuant io C,olorado Revised Statute:s 12-61-401 et seq., an�� the rules and reguiations promulgated pursuant thereto. Within ten (10) days after receipt of a written request, the developer of a fractional fee club unit shall provide to the staff of the department of community d�svelopment a copy of th�� application or request i�or exemption filed with the state of Colorado real estate commis,sion and/or evidence of ��pproval of the applicatic�n or request for e;cemption. FULL TIME E:MPLOYEE: A person who works an average of thirty (30} hours per wee�k or more on a year round basis in Eagle County, Colorado. FUNICULARS AND OTHER SIMILAf3 CONVEYANCES; ExtE:rior, tram like vehicles, designed to rnove up and down steeF� slopes by use of rails or tracks. 7 of 19 Sterling Codifiers, lnc. GEOLOGICALLY SENSITIVE AREA: An area within the town of Vail which may be subject to rockfalls, mudflows, debris flows, dE;bris avalanches, and ur�stabfe soil, slopes or rorks. GRADE, EXI;�TING: The existing grade shall be the existing or natural topography of �� site prior to construction. GRADE, FINISHED: The finished gra��e shall be the grade prc�posed upon completion of a project. GRADE, INTE=RPOLATED: The reest��blished topographic cor�ditions af a developmer�t site expressed in 1two foot (2') contour intervals and determined by connecting surveyed s��ot elevations located at ten foot (10'} inte:rvals around the perimeter of a property boundary and used in the dE�termination of maximum allowable building heiglht. HABITABLE: Any area designed for slleeping, living, cooking, c�ining, meeting or recre<�tion as applied to �floor area. HEIGHT: The distance measured vertically from any point on �� proposed or existing rc�of or eaves to the E�xisting or finished grade� (whichever is more resl:rictive) located directly k�elow said point of the roof or eaves. Within any building footprint, hE:ight shall be measured vertically from any point on a proposed or existing roof to the f;xisting grade directly be�low said point on a proposed or existing roof. HOME CHILC) DAYCARE FACIUTY: �4 residence or facility th��t provides regular care �and supervision, f�or an entire day, for mon� than two (2) but not more than six (6) children ifrom birth to sixteen {16} years of age who are not related to the owmer, operator or manager thereof, whether such facility is operated with or without compensation for such care. Residents of '�the home under twelve (12) years of age who are on the premises and all children on the premises for supervision are counted against the approved capacity. A, daycare hom�� shall comply with all applicable standards for ci�ildcare centers of the Colorado dep�artment of social servicE�s. HOME OCCUPATION: A use conduci:ed entirely within a dwelling which is incidental �ind secondary to the use of the dwelling for dwelling purposes an�� which does not changE: the residential character thereof. INCLUSION��RY ZONING: A zoning c�bligation based on the c;ommunity's need for employee housing considering many factors and secondary impacts, inc:luding scarcity of develc�pable land; rising hc�me values; inadequate availability of empfoyee housing in the market; a�nd direct employ�ee generation impacts. INTERPRETI;VE NATURE WALKS: Unpaved pedestrian trails; with either fixed signs c�r marked points which are used to explain the natural flora, fau�na, geology, geography, or history in the immediate area. This u:>e would exclude all mec:hanical vehicles except wheelchairs ��nd maintenance equipment. KITCHEN FA,CIL(TIES: Fixtures and �squipment for food storage and preparation of m�eals, including a sink, stove, oven or microwave oven, and refriger<�tor and food storage fa�,ilities. 8 of 19 Sterling Codifiers, Inc. KITCHENET'rE: A room containing th�e following fixtures and �appliances only: a microwave oven, sink, and refrigerator. LANDSCAPIIVG: Natural or significant rock outcroppings, native vegetation, planted areas and plant materials, including trees, shrubs, lawns, flawerbeds and ground cover, shal:l be deemed landscaping together with th�� core development such as walks, decks, patio.�, terraces, wat�sr features, and like features not occupying morE� than twenty percent (2()%) of the landscap��d area. LAUNDROM,AT: A facility where patro�ns wash, dry or dry clean clothing or other fabric.s in machines op��rated by the patron. LIMITED EDITION: One of no more than nine (9} copies produced from an original arl�ist's mold. LOBBY: A communal space in ar near the entrance area of a building. LODGE: A building or group of assocliated buildings designed for occupancy primarily as the temporary laiging place of individual;; or families either in accommodation units or dw�elling units, in whiclh the gross residential flc�or area devoted to accc>mmodation units or fractional fee club units�, is equal to or greater ttian seventy percent (74�%) of the total gross residential floor area on the site, and in which all such units are operatedl under a single management providing the occupants thereof custc�mary hotel services and facilities. Notwithstanding the above for properties containing gross res�idential floor area equal to or less than eigl�ty {80) square feet of gross residentia! floor are<� for each one hundred 1;100) square feet of buildable site area, suc;h properties shall be defined as lodges, provide�� that gross resideritial floor area devoted to accommodation units c�r fractional fee club units exceeds the ��ross residential floor ar��a devoted to dwelling units. LODGE DWE=LLING UNIT: A small dvvelling unit with limited kitchen and floor area arn� which contains six hundred fifty (650} square feet or less of floor are�a and is intended to be �rented on a short term basis. LODGE, LIMITED SERVICE: A building or group of associate�d buildings designed for� occupancy pirimarily as the temporar}� lodging place of visitor;�, guests, individuals, or families, on �i short term rental basis, in limited service lodge units or any combinatior� of accommodation units, limited service lodge units, fractional fe�e c(ub units, or dwelling units in which the grc�ss residential floor area devoted to accommodation units, limited servicf� lodge units, and fra.ctional fee club units is E;qual to or greater than :>eventy percent (70%) of #he total gross residential floor area on the site, and in which all such units are operated under a single manac�ement providing the occ;upants thereof customary lodge services and facilities. LODGE UN!'T, LIMiTED SERVICE: Any room or group of rooms with "kitchen facilities", as defined herein, in a limited service loc�ge which are designed for temporary occupancy by visitors, gues�ts, individuals, or familie�s on a short term rental basis, and accessible fr��m common corridors, walks, or balconie�s without passing through another accommodation unit, limited servic.e lodge unit, fractional fE�e club unit or dwelling unit. A limited service lodge unit is noi intendE�d for permanent residency and shall not be subdivided into an individua'I condominium unit, pursuant to title 1;3, "Subdivision Regulatic�ns", of this code. 9 of l9 Sterling Codifiers, inc. LOT OR SITE: A parcel of land occupied or intended to be occupied by a use, building, or structure undE�r the provisions of this t��tle and meeting the minimum requirements of this title. A lot or site may consist of a single lot of record, a poriion of a lot of record, a combina��ion of lots of record or portions thereof, or a parcel of land described by metes and bounds. LOT OR SITE. LINE, FRONT: The boundary line of a lot or site adjoining a street which, provides the primary access or street address of the site, or acijoining the primary accE,ss from a street 1;o the lot or site. LOT OR S1TE: LINE, REAR: The boundary line of a lot or site E�xtending between the side lines and forrr�ing the boundary of the lot or site opposite the front line. In the event of �� lot or site having only three (3) Iot or site lin�as, a line ten feet (10') in length within the lot or :�ite extending between the side lines and parallel to the front line :>hall be deemed the rear line for purposes of estabfishing setbacks. LOT OR SITE: LINE, SIDE: The bounciary line ofi a lot or site e:�ctending from the front line towards the opposite or rearmost portion of the site. MAJOR ARC,ADE: A place of business where an individual, a��sociation, partnership or corporation m�aintains five (5} or more amusement devices. MEETING Af�ID CONVENTION FACII_ITY: A building or buildings that contain space fc�r the convening of �organizations or groups of people for the purpos�as of educational, political, social or fraternal advancement. MICROBREV�JERY: A mixed use commercial aperation that pr�ocesses water, malt, ho��s, and yeast into beE�r or ale by mashing, coc�king, and fermenting th��t shall also include an c�n site �ublic restaurant andlor bar which sells the beer and ale produced on site. The maxirrium brewing capacity for the microbrewery shall be seven thousand five hundred (7,500) b�arrels per year. A b��rrel is equivalent to thirt�y one (31) gallons. The rnicrobrewery use shall r�ot exceed eight thousand (8,000) squarE� feet of flaor area, excluding enclosed areas for loading, trash, and delivery. The public restaurant and/or bar s�hall have a minimum seating area of two th�ousand {2,000) square ieet and shall be excludE�d from the total microbr�awery maximum square footage limit. MINQR ARC�aDE: A place of busines;s where an individual, a:�sociation, partnership or corporation rriaintains four (4) or fewer amusement devices. MULTIPLE USE L4ADING FACILITY: A facility where a singlE; off street loading facilit��r serves more �than one use or one user. NATURE PRI=SERVES: Areas of land and/or water that are managed primarily to saf��guard the flora, fauria and physical features it contains, while not prE;cluding public access. NEXUS STUIDY: A report, prepared at the request of the town council, updated at least every five (5) years or more often if deemecl necessary by the town council, analyzing the current and future employee housing needs resulting from new devel��pment and redevelopment in the town. 10 of 19 Stecling Codifiei:ti, Inc. OFF SITE: A location within the boun��aries of the town other'than the site on which the commercial development is located. OFFICE, BU:3INESS: An office for the conduct of general business and service activities, such as officE;s of real estate or insur<�nce agents, brokers, secretaria! or stenographic: services, or offices for general business activities and transactions, where storage, sale, or display of inerchantlise on the premis�es occupies less than ten percent (10%} of the flloor area. OFFtCE, PR(JFESSI�NAL: An office for the practice of a proi`ession, such as offices of physicians, d�entists, lawyers, architec;ts, engineers, musician��, teachers, accountants, and others who tt�rough training are qualii�ied io perform services of a professional nature, where storage, sale, or display of inerchandise on the premises occi�pies less than ten percE�nt (10%) of the floor area, OFFICE, TEP�IPORARY BUSINESS: An office for the conduci: of general business and service activi�ties and transactions for a limited time period to ,�ccommodate the tempc>rary dispiacemeni: of an existing business office within the town of Vail due to redevelopmE�nt construction ;activities. OUTDOOR DISPLAY: A temporary outdoor arrangement of o'bjects, items, or products representative of the merchandise sold or rented by a retail e,�tablishment, and further regulated by section 12-14-21 of this title. OUTDOOR F3ECREATION AREAS, ,�CTIVE: Outdoor recreational activities which involve organized or structured recreation th��t is associated with recreational facilities, excluciing buildings. For example, active outdoc>r recreation would inc(u��e, but not be limited to: athletic fields, playgr��unds, autdoor basketball and tennis courts, out��oor swimming pools, s(edding and skiing areas, fitness trails with e�;ercise stations, etc. 4UTDOOR F�ECREATION AREAS, I'ASSIVE: Outdoor recreation activities which in��olve unstructured recreation which does r�ot require facilities or special grounds. Passive c�utdoor recreation wc�uld include: picnicking, fishing, walking, hiking, cross cauntry skiing, infc�rmal playing fields,, etc. OWNER: Any person, agent, firm, cc�rporation, or partnership that alone, jointly, or severally with others: has legal or equitable title t� any premises, dwelling or dwelling unit, with or without accompanying actual possession thereof; or has charge, care or control of ar�y premises, dv+�elling or dwelling unit, a.s agent of the owner or �as executor, administrat��r, trustee, or guardian of the estate of the beneficial owner. The person shown an the rE�c�rds of the recorder of deeds of the count�y to be the owner of a p��rticular property shall bE� presumed to be the person in control' of that property. PARTY WAL.L: A common wall share�d by iwo (2) attached structures, buildings or dwelling units. PATHS, BIC'YCLE AND PEDESTRI��N: A corridor for use by bicycles and pedestrians, prohibited for use by motorized vehic:les. PERSONAL SERVICES: A nonmedi�cal commercial busines�� where a service is offer�ed to 11 of 19 Stcrling Codifiers, Inc. the customer and where accessory retail sales of products rel��ted to the services may� be provided, incl�uding, but not limited to, beauty and barber shops, tailor shops, dry clear�ers, laundromats, repair shops, and similar services. PLANNING AND ENVIRONMENTAL �COMMISSION: The body responsible for reviewing development praposals or any matter:s pertaining to the comm�ission as provided by this code and to a.ct in an advisory capacii.y to the town council. Trje planning and environrnental commission f��cuses on evaluating prc�jects based on the zoning ordinance, master pl��ns, subdivision re�gulations, environmenta.l concerns, etc., and as established by title 3, cha�ter 2 of this code. PLANT PRODUCTS: Fertilizers and ��lant seeds packaged in quantities weighing not more than twenty five (25) pounds, and tree:s, shrubs, bedding planl:s, ground cover and Ch�ristmas trees and wreaths. PRIMARY Rt)OF: A roof which cover;� five hundred (500) or more square feet of building area. A primary roof shall not include required secondary roof forrns, dormers, architet:tural projections, c��vered entryways, shopi�ront colonnades, awninc�s, louvers, porte-cocheres, covered decks, and other similar roof forms. This definition is �:�sed in the determination of building heigrit in ihe Lionshead mixec� use 1 and 2 zone districts. See figures 8-15(a-�:,) in the Lionshead redevelopment master plan for additional clarification. PRIMARY RC)OF RIDGELiNE; Generally the highest or most dominant roof ridgeline(:s) atop a building mass or series of building masses used in the deter�mination of building heiqht in the Lionsheac9 mixed use 1 and 2 zone districts. See figures 8-i5(a-c) in the Lionshead redeveiopment master plan for additic►nai clarification. PRIMARY RC)OF RiDGELINE, ASSUMED: The established centerline portion of a flai: or mansard roof and/or the sloping ends of a gambrel or hip roof used in the determinatic�n of building height in the Lionshead mixed use 1 and 2 zone districts and as determined k>y the administrator. See figures 8-15(a-c) in� the Lianshead redevelc�pment master plan for additional clarification. PRIVATE: A use, area, property or fac:ility which is not public. PRIVATE CLUB: An association of persons and its premises E�stablished for the fraterinal, social, educa'tional, recreational, or cultural enrichment of its rnembers and not primarily for profit, whose bona fide members pay dues and meet certain ��rescribed qualifications for membership, use of such premises bf�ing restricted to membe�rs and their guests. Parlking structures ma�y not be the sole faciliry for a private club. PRIVATE PAf�KING STRUCTURES: A parking area within a k�uilding for the exclusive� use of its owners, to be considered an individual land use not to be linked with parking requirements regulated in chapter 10 of this title. PRIVATE UNSTRUCTURED PARKING: A parking area not within a buiiding for the e�;clusive use of its owr�ers, to be considered ar� individual land use not to be linked with parkinc� requirements regulated in chapter 10 of this title. PROPERTY i�WNER: A person, persons or public or private E;ntity with the right to exclusive 12 of l9 Stcrling Codifiers,lnc. use, control, ��r possession of properfiy due to transfer of property through a deed or o{�ther legal docume�nt. PUBLIC: A use, area, property or facility whicF�: A. Is ownE�d and operated by a governmental entity, and fu,nctions or is availabie fc>r use by ai! persons whether with or v��ithout charge; or B. Is ownE�d or operated by a person or entity other than a governmental entity, an�� functioris or is available for use by all persons without ct�arge. PUBI.IC ART'. Any original creation of artwork that is accessibie to the general public. PUBLIC PARKING STRUCTURES: P� parking area within a building for use by the public, to be considere+d an individual land use not to be finked with parl<ing requirements regut��ted in chapter 10 of this title. PUBLIC UN��TRUCTURED PARKIN(a: A parking area not witf�in a building for use by the public, to be ��onsidered an individual land use no# to be linkec� with parking requireme>nts regulated in c:hapter 10 of this title. PUBLlC UTII_ITY AND PUBLfC SER�✓ICE USES: Any structure, not otherwise exemp�ted from the defiinition of "structure" elsewhere in this title, which is reasonably necessary to facilitate adec�uate public utilities and public services. Public uitilities and public servic4;s shall include, but riot be limited to, distribution, collection, communication, supply or disposal systems for gas, electricity, water, wastewater, stormwater, tellecommunications, irriga,tion, sofid waste, r�ecycling, and other similar public utilities and pul�lic services. For the pui�poses of this title, pi.�blic ufility and public service uses shall not include public transportation facilities, sew�age or wastewater treatment facilities, sanitary l;andfills, safvage yards, :�torage yards, businE�ss offices, or communications antennas and appurtenant equipment. QUASI-PUBI_IC: A use which is char��cterized by its availabili'ty to the public, with or v�rithout cost, but whi�:,h is conducted by an eritity, organization, or person which is not a governmenta�l entity. REAL ESTAI"E OFFICE: An office for� the purpose of conducting rea! estate transactic�ns and/or property management. RECREATION AMENITIES TAX: A fE;e or dues levied on certain development that is used to fund an exterior recreation based im�>rovement or facility incl�ading, but not limited to, swimming pc�ols, hot tubs, athletic fields and courts, ice rinks, skateparks, golf courses, driving range�s, playgrounds, and oth��r similar amenities. RECREATIO�N STRUCTURE: Any dE�tached (i.e., not connected to any main structur�e or structures) c��vering erected over a rE�cr�ational amenity which is not a seasonal struc;ture. For the purpc�ses of this title, recreati��n structures shall constitute site coverage but shall not 13 of ]9 Sterling Codifiers, Inc. be subject to building bulk control star�dards. Any recreation si:ructure is subject to design review. RECREATIOPJAL AMENITY: An exterlior recreation based improvement or facility including, but not limitedi to, swimming pools, hot tubs, athletic fields and couris, ice rinks, skate ��arks, golf courses, ��riving ranges, playgrounds, and other similar arnenities. REDEVELOPMENT: The construction:, improvement, alteration, installation, erection, expansion or change in use of any exusting building, structure or other improvement in the town that results in an increase in net floor area or GRFA. RELIGIOUS INSTITUTION: A buildinc� used for public worship� by any number of congregation:�, excluding buildings used excfusively for residential, educational, recre��tional or other uses not associated with wor.ship. lncludes churches, chapels, cathedrals, tennples, and simifar dE�signations. REMODELING: The alteration or rencwation of the interior only of an existing residential dwelling unit in the town of Vail, wiiho�ut any increase in GRFA.. RESIDENTIAL DEVELOPMENT: A dE�velopment that includes at least one dwelling uriit, including singile-family dwellings, two-famify dwellings, multipl�:-family dwellings, fracti�mal fee club units, lodge dwelfings units, ��ttached accommodatior� units, and timeshare ur�its. ROOF, FLAT: A roof that is not pitchec� and the surface of whic;h is generally parallel tc� the ground. ROOF, MAN;�Af�D: A roof with two (2.� slopes on each of four (4) sides, the lower stee:per than the uppe:r. SATELLITE C)ISH ANTENNA: A dish shaped or parabolic shaped reception or transmission antenna which is more than two feet �;2') in diameter (includinc� dishes stored or tempc�rarily placed for mc>re than 1 day) for the reception andlor transmis;>ion of satellite signals, inciuding, bu1: not limited to, televisior� signals, AM radio signals, FM radio signals, telE�metry signals, data communications signals., or any other reception or transmission signals using free air spacE� as a medium, whether for commercial or private use. SEASONAL 1'LANT PRODUCTS BUSINESS: Any person, corporation, company or partnership ��hich sells any "plant prc�ducts" as defined in this section. A seasonal plant products business shall only operate as a conditional use in z:one districts where it is allowed. A se;asonal plant products b�usiness shal! be entitled to not more than two (2;i permits per lot for any one year, and each permit shal! not ex��eed sixty (60) consecutive days each. V�Jhenever a seasonal pla.nt products business is not in operation, all struc:tures, fixtures, matE�rials for sale and equiprnent relating to the busir�ess shall be removed from the site or loeatic>n of operatian within a K�eriod not to exceed sev�snty two (72) hours. SEASONAL USE OR STRUCTURE: A temporary covering erected to accommodate or extend educ��tional, recreational, andl cultural activities. Such temporary coverings m<�y not be in place fc�r more than seven (7) consecutive months of any twelve (12} month period. Far the purposes; of this title, a seasonal use or structure shall not constitute site coverag�e and shall not be :�ubject to bui(ding bulk control standards. Any se�asonal use or structure is 14 of 19 Sterling Codifiers, Inc. subject to de;�ign review. SETBACK: T:he distance from a lot or site line, creek or strearn measured horizontally to a line or location within the lot or site which establishes the permitted location of uses, structures, or buildings on the site. SETBACK Af�EA: The area within a I��t or site between a fot or site line and the correspondin�� setback line within the lot or site. SETBACK LiIVE: A line or location within a lot or site which establishes the permitted I�ocation of uses, structures, or buifdings on thE: site. SETBACK LIINE, FRONT: The setback line extending the full width of the site parallel 1to and measured from the front (ot or site linf�. SETBACK LIIVE, REAR: The setback line extending the full width of the site parallel tc, and measured from the rear lot or site line�. SETBACK LIIVE, SIDE: The setback line extending from the front setback line to the r�sar setback line K�arallel to and measured from the side lot or site line. SEXUALLY C)RIENTED BUSINESS: ,An adult arcade, adult store, adult cabaret, aduft motion picture theate�r or adult theater, except an estab(ishment wher�e a medical practitioner, psychologist, psychiatrist or similar professional licensed by the state of Colorado engages in approved ��nd recognized sexual th�erapy. SHOPS, BEp,UTY AND BARBER: A facility where one or more persons engage in the� practice of cosmetology, incfuding hair, nail and skin care. SHOPS, ELECTRONICS SALES ANID REPAIR: A facility whE�re home electronics are sold and/or repairE:d on the premises. SHORT TERIVI RENTAL: Shall be deEamed to be a rental for a period of time not exce�:ding thirry one {31) days. SITE: (See also definition of Lot Or S�ite.) A parcef of land occupied or intended to be occupied by �� use, building, or structure under the provisions of this title and meeting the minimum requirements of this #itle. A lot or site may consist of a single lot of record, a portion of a lot of rec�ord, a combination of lots of record or portions tr�ereof, or a parcel of lan�� described by metes and bounds. SITE COVEFiAGE: The ratio of the tc�tal building area of a sitE3 to the total area of a sii:e, expressed as� a percentage. For the ��urposes of calculating site coverage, "building area of a site" shaEl mean that portion of a site occupied by any building, carport, porte-cochere, arcade, and c;overed or roofed walkway constructed at, below�, or above grade as me��sured from the exterior face of the sheathin�� of the perimeter walls c�r supporting columns. For the purpc�ses of this definition, a balcony or deck projectir�g from a higher elevation may extend over �i lower bafcony, deck or walkway, and in such ca�se the higher balcony oir deck shall not be dleemed a roof or coverin�g for the lower balcony, deck or walkway. In addition to IS of l9 Sterfing Codifiers, Inc. the above, building area shall aiso inc'lude any portion of a roof overhang, eaves, or cc�vered stair, covered deck, covered porch, co�vered #errace or covered patio that extends mor�� than four feet (4') fcom the exterior face of the perimeter building walls or supporting columr�s. SITE SPECIFIC DEVELOPMENT PLAN: Shall mean and be limiied io a final major or minor subdivision plat, or a special developn�ent district development plan. SLOPE: The c�eviation of a surface frc�m the horizontal, expres�sed in percent or degre��s and ca(culated thr��ugh rise over run. SPA: A commercial establishment providing services including massage, body or #acia�l treatments, makeup consultation and application, manicures, pedicures and similar services, but excluding beauty and barber shop�s. SPECIAL DE'VELOPMENT DISTRICI; MAJOR AMENDMENI" (PEC AND/OR COUNCIL REVIEW): Any proposal ta change uses; increase gross resid�ential floor area; change� the number of dwelling or accornmodatior� units; modify, enlarge c�r expand any appr�ved special develc�pmen# district (other than "minor amendments" as defined in ihis section), except as provided under sect�on 12-15-4, "Interior Conversions", or 12-15-5, "Additioinal Gross Reside�ntiaf Floor Area {250 Or�dinance)", of this title. SPECIAL DE'VELOPMENT DISTRIC��f, MINOR AMENDMENT' (STAFF REVIEW): Modifications to building plans, site or landscape plans that dc� not alter the basic inter�t and character of tlhe approved special dev�elopment district, and are consistent with the design criteria of cha.pter 9, article A of this til:fe. Minor amendments rnay include, but noi be limited to, variations of not more than five fee�t (5') to approved setbac;ks and/or building footp�rints; changes to landscape or site plans that do not adversely imp�ict pedestrian or vehicular circulation throughout the speciaf development district; or changes to gross ffoor area (excluding re:sidential uses) of not more than five percent (5%) of the approved squarE; fooiage of retail, office, common areas and other nonresidential floor area. STORAGE AREA: An area within a dwelling unit which is designed and used specific,�lly for the purpose c�f storage and is not req�uired by the latest edition of the adopted buildinc� codes to provide eit�her light, ventilation, or t�� comply with any code irequirement for its function or existence. STORE, COPJVENIENCE FOOD: Commercial retail entity tha:t specializes in selling f��st food and beveragE:, and only includes coui�ter service, not table se�rvice. STRUCTURE=: Anything constructed or erected with a fixed Ic�catian on the ground, but not including pol��s, lines, cables, or other transmission or distribution facilities of public utilities, or mailboxes or light fixtures. At the d�iscreiion of the design rE:view board, swimming �pools and tennis courts may be exempted from this definition. STUDIO: A b�uilding or porfion of a building used as a place of work by an artist, photographer, or an artisan in the field of light handicrafts, provided that no use shall be permitted or no process or equipment employed which is objE;ctionable or injurious to persons or p�roperty in the vicinity by reason of odor, fumes, dlust, smoke, cinders, dir1i, refuse or wastes, nc�ise, vibration, illumination, glare, unsightliness, ��r hazard of fire or explc�sion. 16 of 19 Stcrling Codifiers, Inc. SUBSTANTI��L IMPROVEMENT: Any repair, reconstruction, c�r improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of trie market value of the stru�cture. Market value shall be determined by <� qualified assessor designated by the administr,�tor. The market v�alue of a structure is determined either: a) beforE� the irnprovement or re��air is started; or b) if the structure has been� damaged and is being restored, before the darr�age occurred. For the purposes of this definition "substaniial imprc>vement" is considered to occur when the first alteration of any �rvall, ceiling, floor, or othf;r structural part of the b�uilding commences, whether or not that alteration affects the external dimensions of the struc:ture. The term does not, however, include ��ny project for improverrient of a structure to compiy with existing :�tate or local health, sanitary, or safety code spe�:,ifications which are solE:ly necessary to assure safe living condii:ions. SUBSTANTI��L OFF SITE IMPACT: An impact resulting from cievelopment or redevelc�pment on the surrounding neighborhood andl public faciliiies in ihe vi�cinity of a development ��r redevelopment site having a considerable amount of effect upon the area. For example, substantial ofif site impacts may include, but are not limited to, the tollowing: deed restricted employee housing, roadway improvernents, pedestrian walkway improvements, streei:scape improvements, stream tract/bank restoration, loading/delivery, public art improvement,�, and similar impro�iements. THEATER: A�n establishment for the rehearsal and presentation of performing arts an��lor the showing of movies or motion pictures. TIMESHARE ESTATE: Shall be defined in accordance with Colorado Revised Statutes sec�on 38-33�-110. TIMESHARE LfCENSE: A contractual right to exclusive occuK�ancy of specified premi:ses; provided, thait the occupancy of the premises is divided into fi�✓e (5} or more separate time periods exten:ding over a term of morE� than two (2) years. Thf; premises may consist �of one parcel, unit or dwelling or any of several parcels, units or dwellings identified at the time the license is cre�ated to be identified latei�. No timeshare is a timeshare license if it meets the definition of ir�terval estate, timeshare or time span estate. TIMESHARE UNIT: A dwelling unit which includes the followir�g forms of interval prop��rty ownership; fr��ctional fee, timeshare e�state, or timeshare licen�se, as approved by the town of Vail. No offer of a fractional fee, times�hare estate, or timeshare (icense in a timeshare unit shall be madE� except pursuant to an application for registratic�n and certification as a subdivision d�eveloper of a timeshare program or an exemption from registrafion apprc�ved by the state of Golorado real estate commission pursuant to Colorado Revised Siatutes 12-61-401 et seq., and the rules and regulations promulgated pursuant thereto. Within ten (1 Q) days afte�r receipt of a written rec�uest, the developer of a timeshare unit shal! provide to the staff of th�e department of community development a copy of the application or request for exemptiori filed with the state of Coforado real estate commission and/or evidence of approval of the application or request for exemption. TRANSPOR�fATION BUSINESS: A business which provides 'transportation for persons in the form of a shuttle senrice (e.g., var� transportation) or by providing automobiles for customers (e.g., car rental). Transportation businesses do no�t include businesses pro�viding vehicles for the transportation of gooc�s or products including, but not Iimited to, panel trucks, moving vans and trucks, and other sirnilar vehicles. 17 of 19 Sterling Codifiers, Inc. TRUSS TYPE: STRUCTURAL SYSTE:M: A structural system that includes trusses used as structura{ support, perpendicular to ih�� outside walls, on the ir�side of a roof structure. UNDERLYINC� ZONE DISTRICT: The zone district existing on the property, or imposec� on the property a.t the time the special development district is app�roved. USABLE OPE:N SPACE: Outdoor spa.ce usable for outdoor living or recreational activities, including patic�s, terraces, gardens, la��vns, swimming pools, water features, or recreation areas, and decks or balconies, but ex�cluding driveways, parking areas, access walks, utility and service a�reas, and required setba�ck areas. Patios used fc�r restaurant and bar service shall not be c��nsidered as usable ope�n space. USABLE OPE:N SPACE, GROUND LI�VEL; Usable open spac;e provided at grade or c�n decks or similar structures not more than ten feet (10') above ��round level and accessible from ground level. USE: The purpose for which a site or structure or portion therE�of is arranged, designei�, intended, erec;ted, moved, altered, or enlarged, or for which either a site or structure or portion therec�f is or may be occupied or maintained. USE, ACCESSORY: A use or activity that is subordinate and incidental to a permitted or conditional us�e. USE, CONDI'rIONAL: A use or activit�y with unique or special �:,haracteristics that requires additional reviiew to ensure they are Ic�cated properfy with res��ect to the objectives of i:he zoning regulations, and to ensure their compatibility with other� surrounding uses and the town at large. Due to their unique characteristics and the potential for impacts ta adjac;ent uses, conditio�nal uses are often allowed subject to specific lirr�itations and conditions. USE, PERMI"iTED: A principal use or activity allowed by right within a zone district. VAIL COMPREHENSIVE PLAN: The Vail comprehensive plan� is an advisory master ��lan for the development of the town of Vail. 'T'he Vail comprehensive plan is the compilation of numerous p(a.nning documents that include the Vail Village urban design guidelines/V<�il Village desigr� considerations (adopted June 11, 1984, and revised January 15, 1993), Ford ParklDonovan Park master plan (adopted August 5, 1985), land use plan (adopted November 18, 1986), Vail Village ma�;ter plan (adopted January 16, 1990), streetscape master plan (��dopted November 20, 'I 991), transportation master plan (adopted Janu�ary 1993), municipal cemetery master pla:n (adopted December 7, 1993), comprehensive open lands plan (ac�opted 1994), environmental strategic plan (adopted 1994), Ford Park management plan {adopted Aprif 14, 1997}, Lionshead redevE�lopment master plan (adopted December 15, 1998}, and art in public; places strategic plan (a.dopted November 6, 2001). VARIANCE: F'ermission to depart frorn the literal requirement:� of a zoning ordinance, as further regulated by this title. VEHICLE, COMMERCIAL: A vehicle that is designated for co�mmercial use through iic;ensing requirements by the state of Coloradc�. 18 of 19 Sterling Codificrs, Inc. VEHICLE ST��RAGE YARD: An area where vehicles are temporarily parked while aw,aiting repair or disp��si�on. Vehicles stored in a vehicle storage yard must be licensed vehicbes, and no one vE�hicle may remain in suc:h a storage yard for moi�e than one hundred twe�nty (120) consecutive or nonconsecutive days in a one year perind. A vehicle storage yard does not include the repair and servicing of vehicles or the removal and sale of vehicle parts or other accessories. VESTED PR(�PERTY RIGHT: The rigiht to undertake and corr�plete the development and use of property under the terms and c,onditions of the site specific development plan, ��nd shall be deemed established upon approval of a site specific development plan. VIEW CORRI!DOR: An unobstructed location, position or area. that permits an unhinde�red panoramic vi,>ta of particular interest c�r pleasure or unique vie�w to a particular point fn�m a public place, �adopted by ordinance, as further regulated by thlis title. VIEW POlNT ORIGINATION: The survey point, called out as ithe instrument in each IE:gal description dE;fining a view corridor bc�undary, which is the ba:�is for each view corridor. ZONE DlSTR�ICT: A specifically deline�ated area in the town of Vail with uniform regulations and requirements which govern the use, placement, spacing, and size of land and buildings as mapped on the town of Vai! official zoning map. ZONING MAf�: A map that specifies tlhe boundaries of zone districts within the town o�f Vail. (Qrd. 22(2010) § 1: Ord. 13(2008) § 1: Ord. 12(2008) § 1: Ord. 8(2008} § 2: Ord. 1(2008) § 1: Ord. 39(�?007) § 1: Ord. 32(2007J� § 12: Ord. 28(2007) § 2': Ord. 22(2007) § 2: Ord. 8{2007) § 1: Ord. 7(2007) § 1: Ord. 4�;20Q6) § 1: Ord. 2(2006) § 2: Ord. 29(2005) § 18: Ord. 24{2005) § 3: Ord. 1 B(2005) § 2: Ord., 26(2004) §§ i, 2: Ord. 14(2004) § 1: Ord. 33(2003) § 1: Ord. 18(�?003) § 1: Ord. 5(2003) !� 1: Ord. 29(2002) § 2: Ord. 28(2002) § 2: Ord. 31(2001) § 2: Ord. 24(2001) § 10: Ori�. 19(2001) § 3: Ord. 17�(2001) § 2: Ord. 5{2001) § 6: Ord. 9(2000) § 1: Ord. 23(1999) § 2: ��rd. 22(1999) § 7: Ord. .3{1999) § 3: 1997 Code: Ord. 13(1997j § 1: Ord. 1(1997) §§ 1, 2: O�rd. 22(1996) § 1: Ord. 1�4(1996) § 1: Ord. 6(199:i} § 6: Ord. 21(1994} §§ 1-7: Ord. 17(1994) § 1: Ord. 33(1993} § 1: Ord. 9(1993) §§ 1-5: Ord. 8(1992) §§ 1•�3: Ord. 43(i 991) §§ 1, 2_: Ord. 35(1991) § 1: Orci. 17(1991) § 2: Ord. 15(1991) § 1: Ord. 27('1990) § 1: Ord. 31(1989;1 §§ 16-19: Ord. 32(198FS) § 1: Ord. 36(1987) § 1: 4rd. 9(1985) § 1: �Jrd. 41(1982) § 1(A-B): Ord. 26(1982) §§ 7, 8: C)rd. 23(19$2) §§ 1, 2: Ord. 6(1982) § 1(2�-c): Ord. 37(1980) § 1: (�rd. 26(1980) § 1: Ord. '16(1978} § 1: Ord. 12(1 �i78} § 1: Ord. 30(1977) § 1: Ord. 19(1976;1 § 2: Ord. 8(1973) § 1.600) 19 of 19 Sterling Codi[ieis, Inc. (',hapter 16 CONDITIOiNAL USE PEI�NiiTS 12-16-1: PCIRPOSE; LiMtTATIONS: In order to prc�vide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts ;�ubject to the granting oi� a conditional use permit. Because of their unusual or special criaracteristics, conditional uses require review arnd evaluation so thaf they may be locatec� properly with respect to the purposes of this title and with respect to their effects on surrouriding properties. The rev�iew process prescribed in this chapter is inte�nded to assure compatil�ility and harmonious development between conditional uses and surrounding properties and the town at large. Uses listed as conc9itional uses in the va.rious districts may be pE;rmitted subject to such ronditians and limitations as the town may prescribe to ensure that the focation and operation of �the conditional usE�s will be in accordance with development objectives of the tawn ancl will not be detrimental t:o other uses or properties. Where conditions cannot be devised to achieve these objectives, applications fc�r canditional use permits shall be denied. (Ord. 8(1973) § 18,100) 12-16-2: AF�PLICATION; CONTI,NTS: EXHIBlT � 5 lofll Sterling CcxJifiers, lnc. Application far a conditional use permit shall be made upon a form provided by the administrator„ The application shall bE� supported by documen.ts, maps, plans, and oth,er material cont��inir�g the following information: A. Name and address of the owner and/or applicant and a sta.tement that the applicarit, if not the owner, has the permission of the owner to make application and act as agent for the owner. B. Legal desc;ription, street address, ��nd other identifying dat<� concerning the site. C. A description of #he precise nature of the proposed use and its operating character'istics, and measures proposed to make the use compatible with other properties in the v'icinity. D. A site plan showing proposed devE�lopment of the site, including topography, buildir�g locations, parking, traffic circulation, usable open space, I<<ndscaped area, and utilities and drain��ge features. E. Preliminar�f building plans and eleuations sufficient to indicate the dimensions, gerneral appearan��e, scale, and interior pl��n of all buildings. F. Such additiional material as the adrninistrator may prescribe; or the applicant may submit pertin�nt 10 the application and to the findings prerequisite to the issuance of a conditionz�l use permit as prescribed in secfion 12-16-6 of this chapfer. G. A list of thE. owner or owners of rec:ord of the praperties adj;acent to the subject property which is subject of the hearing. Provided, however, notification of owners within a condominium project sha(f be satisfied by no#ifying the managing agent, or the registered agent of the condominium projecf, or any member of the board of directars of a condominium association. �he lisl of owners, managing ac�ent of the condominiurri project, registered agent or members of the board of directors, as appropriate, sha�ll incl�de th�e names of the individuals, their mailing addresses, and the general des��ription of the property owned or managed by each. Accompanying the list shall be stamp�ed, addressed envelopes to each individual or agent to be notified to be used for the rnailing of the notice of hearing. It will be the applicant's responsibility to provide this infornnation and stam��ed, addressed envelop��s. Notice to the adjacer�t property owners shall be mailed fir;;t class, postage prepaicl. �-- ? ot � 1 Sterlini Codifiers. luc. H. If the propE�rty is owned in commori (condominium associat.ion} or jointly with other property owners such as driveways, A/B parcels or C parc�els in duplex subdivisions, by way of ex<�mple and not limitation, the written approva! of ti�e other property owner;, owners or applicabfe owners' assc�ciation shall be required. This can be either in the form of a letter of approval or signature on the application. (Ord.. 29(2005) § 38: Ord. 24�;2000) § 2: Ord. 49(1991) § 1: Ord. 50(19�78) § 15: Ord. 30(1978) § 1: Ord. 16(1978) § 4(a): Ord. 8(1973) § 18.200) 12-1 fi-3: FE:E: 7he town council shall set a conditional use permit fee schedule sufficient to cover the� cost of town staff time and other expenses incidental to the review of the application. The f��e shall be paid �at the time of the application, and shall not be refundable. (Ord. 29(2005) § 38: Ord. 8(1973) § 18.300) 12-16-4: HE�ARING: Upon receipt of a conditional use perrnit application, the planriing and environmental commission s�hall set a date for hearir�g in accordance with subsection 12-3-6B of this title. Notice shal! be given, and the hearinc; shall be conducted in accordance with subsections 12-3-6C and ID of this title, (Ord. 29(2005} § 38: Ord. 8(1973) § 18.400) 12-16-5: PI.ANNING AND ENVIIRONMENTAL COMIMISSION ACTION: A. Possib(e R.ange Of Action: Within thirty {30) days of the application for a public hearing on a conditioinal use permit, the planriing and environmental c:ommission shall act on the application. The commission may approve the application as submitted or may approve the applic�ation subject to such mo�difications or conditions as it deems necessary to accomplish the purposes of this til:le, or the commission may deny the application. A condition��l use permit may be revocable, may be granted for a limited time periad,: or may be gr�anted subject to such other conditions as the commission may prescribe:. Condition:� may inctude, but shall not be limited to, requiririg special setbacks, open spaces, fE:nces or walls, landscaping or screening, and street dedication and improvement; regu4ation of vehicular access and parking, signs, illumination, and fi�urs and methods of operation; control of patential nuisances; ��rescription af standard:> for maintenance of buifdings and grounds; and prescription oi� deveiopment schedule;�. 3of11 Sl0CIU3b Codifiers, Inc. B. Variances: A conditional use permit shall not grant variancE:s, but action on a variarice may be considered concurrently v�iith a conditional use per�mit application on the s��me site. Variances shall be granted in accordance with the prc�cedure prescribed in chapter 17 of this title. (Ord. 29(2005) § 3f3: Ord. 16(1978} § 4(b): (�rd. 8(1973) § 18.500) 12-16-6: Cl�ITERIA; FINDlNGS: A. Factors Er�umerated: Beiore actinc� on a conditional use pe�rmit application, the planning and envirc�nmental commission st-�all consider the followin�� factors with respect to ihe proposed use: 1. Relatioinship and impact of the �use on development obj��ctives of the :town. 2. Effect c►f the use on light and air, distribution o# populatic�n, transporiation facilitif;s, utilities, schools, parks and recreation facilities, and othf:r public facilities and p�iblic facilitie�� needs. 3. Effeci iapon traffic, with particul��r reference to congesticm, automotive and pedestrian safety and convenience, traffic lflow and control, access;, maneuverability, and rE�mova! of snow from the streets and pa.rking areas. 4. Effect upon the chacacter of the� area in which the propc�sed use is to be located, includin.g the scale and bulk of the proposed use in relai:ion to surrounding uses. 5. Such other factors and criteria �as the commission deems applicable to the proposed use. 6. The environmental impact report concerning the propo:,ed use, if an environmental impact r.eport is required by cha� tp er 12 of this title. B, Necessary �indings: The planning and enviranmental commis.sion shall make the � following findings before granting a conditional use permit: 1. That the proposed location of the use is in accordance �with fhe purposes of thi�; title and the� purposes of the zone district in which the site is located. 2. That the proposed location of t}�e use and the conditions under which it would ��e operate�d or maintained will not be detrimental to the pu'blic health, safety, or welfare, or materia�lly injurious to propertie�� or improvements in the� viciniry. 3. That the proposed use will corr�ply with each of the applicable provisions of this title. (Ord. 29(2005) § 38: Ord. 10(1998) § 9: Ord. 22(1996) �� 3: Ord. 36(1980) § 1: (�rd. 8(1973) § 18.600) 4 of 11 Steriing Codifiers, Inc. 12-16-7: U:3E SPECIFIC CRITE.RIA AND STANDARDS: The following criteria and standards shall be app(icable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria ar�d findings required by s�sction 12-i 6-6 of this ch��pter. A. Uses And �Criteria: 1. Bakeries and confectioneries: T'he use shall be restricte+� to preparation of prod�acts specific,ally for sale on the premises. 2. Beauty and barber shops: Within the commercial core 1 and commercial core 2 zone districts beauty and barber sho�rs shall have no exterior frontage on any public �rray, street, v�alkway, or mall area. Within the Lionshead mixe�d use 1 and Lionshead mixed use 2 zone districts beauty and barber shops shall have no exterior frontage on any primary or secondary pedestriar� mall as defined by the 1_ionshead redevelopment master plan. 3. Brewpubs: a. Therf� shall be no exterior starage of supplies, refuse, or materials on the pro��erty upon which the brewpub is o��erated. b. The c�perator of the brewpub :shall cvmply with the town's loading and delivery regul<�tions as set forth in this title. c. Brew��ubs which sell beer or ��le at wholesale or whicr� sell beer for off site consuimption are allowed so Ic�ng as the total of whole,sale sales and sales for off site consi��mption do not exceed fc�rty five percent (45%) of the product manufactured by the brewpub on an annual ba:�is. 4. Commercial storage; No exterior frontage on any public way, street, walkway, or mall area is permitted. 5. Convenience food stores: a. Maxirnum store size shall be ��ight thousand (8,000) s��uare feet. b. No more than thirty three perc;ent (33%) of the gross k�uilding area of the entire struct�:�re on site. 6. Major ai�cades: a. No e�.terior frontage on any public way, street, walkwa,y, or mall area is permit'ted. b. Amus�ement devices shalf not be visible or audible from any public way, sireet, walkw�ay, or mall area. 7. Television stations: s of 1 I Stcrling Cc>difiers, Inc. a. The X>roduction room/studio shail be visible from the streei or pedestrian mall. b. The t�elevision station shall be� "cablecast" only, requiring no additional antennas. 8. Timesh,are unit or fractional fee club proposal: Prior to the approval of a conditional use permit f��r a timeshare estate, fr��ctional fee, fraciional fee club, or timeshare license proposal, the following shall be �:,onsidered: a. lf the proposal for a fractional fee club is a redeveloprnent of an existing facility, the fractic�nal fee club shall maint��in an equivalency of ac�:,ommodation units as are presently existing. Equivalenc.y shall be maintained ei�ther by an equal number of units or by square footage. If �the proposal is a new de�velopment, it shall provi�de at least as much accommodatio�n unit gross residential floor area (GRFA) as fractional fee club unit gross residential floor area (GRFA). b. Lock off units and lock off unit square footage shall nc�t be included in the calculation when determining the equivalency of existing accommodation units or equivalency of existing square footage. c. The ��bifity of the proposed project to create and maintain a high level of occu�pancy. d. Employee housing units may be required as part of ainy new or redevelopment fracti��nal fee club project requesting density over that; allowed by zoning. The numt�er of employee housing units required will be consistent with employee impacts that ��re expected as a result �of the project. e. Ths :�pplicant shall submit to the town a list of all own�ers of existing units with�in the proje�ct or building; and written statements from one hundred percent (10Q%) �of the owne�rs of existing units indic��ting their approval, without condition, of the proposed fracti��nal fee club. No written approval shall be valid if it was signed by the ovvner more than sixty (60) days prior to the date of filing the� application for a conditional use. f. Each of the fractional fee clu�� units shall be made av��ilable for short term rental in a man��ged program when not lin use by the club mem��ers. The project shal! in��lude or be proximate to transportation, retail shops, eating ar�d drinking establishments, and recreation facilities. 9. Transportation businesses: a. All vE:hicles shall be parked upon approved parking a.reas. b. AI! v��hicles shall be adequately screened from public; rights of way and adjacent prop��rties, cansisting of landscaping and berms, in c��mbination with walls an�d fencf�s, where deemed nece:�sary to reduce the defel:erious efi�ects of vehicle stora.ge. c. The number, size and locatio�n of vehicles permitted to be stored shali be det��rmined by the planning and environmental commission base�d on the adequacy of thE: site for v��hicle storage. Consideration shall be given to the adequacy of landsca��ing and othei• screening methods to ��revent impacts to adjac�ent properties and other 6 of 11 Sterling Codifiers, Inc. comrr�ercial and/or residentiai uses. d. Parking associated with transportation businesses sh��ll not reduce or comproimise the p��rking required for other uses on site. 10. Home child daycare facility: a. The nnaximum number of chilc�ren shall be no more criildren than allowed by the state �of Colorado ficensing authority for a childcare home or a tota! of six (6) childr�sn, whichever is more re�strictive. b. A stai:e of Colorado license is required to operate a chi(dcare home and a current copy ��f the license shall be k��pt on file in the town of �Jail community developrnent department. c. A conditional use permit for a home occupation to operate a home childcare f��cility shall be valid for one year. Th�e permit holder shall be �responsible for requesting rene�rals and maintaining alf permits as current. 11. Funiculars and other similar conveyances: a. Funiculars and other simiiar conveyances shall only be a(iowed when designed for the p�arpose of providing access to a residential dwelling, as determined by thE� planning and environmental c��mmission. b. Funiculars and other simifar conveyances shall only be a(lowed when signific2int site constraints prevent conventional means of vehicular access to the residential dwelling, as determined by the planning and environmenfal commission. "Sign�ificant site c+�nstraints" shall be defined as natural features such as mature trees, natural drain��ges, stream courses, and other natural water fe�atures, rock outcroppings, wetlai�ds, excessive slopes, other natural ieatures, and existing struc#ures that may creates practical difficulties in the site planning and dev�elopment of the iot. c. Funiculars and other similar conveyances shall only be allowed when designed to be compatible with both the site �apon which they are loc��ted and the residential dwelling to which they provide: access, as determined by the planning and environmental commission. d. Funic.ulars and other similar conveyances shall only be allowed when designe�d to be appropriately screened from v�iew, as determined by the planning and environrnental comrr�ission. 12. Single-family and two-family rE�sidential dwellings in thf� Lionshead mixed use �I zone district: Single-family and two-family residential dwellings sha(1 be allowed when: a. Developed as part of a coordinated mixed use development; and b. A low density residential scalE� is advantageous to create compatibility with or a transition to other low density residential development in the vicinity of the coordinated mixed use develc�pment; and c. The s;ingle-family and two-family residential dwellings are designed to the same 7 of 11 Sterling Codifiers, Inc. generai scafe and character c�f residential dwellings in residential zone district;� that allow single-family and two-famify residentia! dwellings; and d. The ��roposed coordinated mixed use development cc�ntaining the sing(e-family and/or two-family residential dwellings is consistent wi;th the intent and objectives of the �onshead redevelopmeni: master plan. 13. BusinE�ss offices and professic�nal offices in the resideriiial cluster zone district: a. OfficE�s for physicians, dentisi:s and similar medical practices shall be exciude�� in the reSidE;ntial cluster zone district. b. Busir�ess and professional ofi�ices shall be secondary to the residential use of the distric;t. The net floor area of the office use shall be no� greater than fifteen per�;,ent (15%) of the allowable gross residentia! floor area of the development site. c. The s;ale of inerchandise shall be prohibited. d_ Off si:reet parking shall be prc>vided in accordance with the provisions of chap'ter 10 of thi:� title and shall be clearfy separate from the area designated for residentfal parking. e. No o��ernight parking or storage of commercial vehiclE�s associated with the profe.�sional or business offic�� use shall be permitted.. f. Signage shall be permitted in accordance with subsection 11-6-3A, of this code, business signs within sign dis�trict 1(title 11, "Sign Rec�ulations") and shall be subject to rev�iew by the design revietiv board. g. The r�umber of employees aflowed in a business office or professiona( office �Nithin the rE�sidential cluster zone district shall not exceed one employee for each tw�o hundi�ed (200) square feet of net floor area. h. Hom��owners' association ap�proval shall be required �of all conditional use per•mit applir,ations for a professional office or a business offiice within the residential cluster distric:t, pursuant to subsection 12-11-4B1 d of this title�. 14. Tempc�rary business offices: a. Offic��s for real estate agents shall be excluded. b. The :�torage, sale, or display of inerchandise on the ��remises shall occupy le:ss than ten p�ercent (10%) of the office's floor area. c. Off si:reet parking shall be provided in accordance with chapter 10 of this title. d. Sign<�ge shall be provided in accordance title 11, "Sign Regulations", of this code. e. The business and service ac'tivities and transactions �of a temporary business office may ��nfy be conducted for a limited time period, not t�o exceed three (3} year,>. Unle:>s the time period is limil:ed to a shorter duration, ihe approval of a conditional use K�ermit for a temporary business office shall expir�� and become void within three 8 of 11 Stcrling Codifiers, Inc. (3) ye��rs from the initial date af approval. The planning and environmeni;al commission may grar�t a subsequent extensicm to a conditional use permit approv��l to allow a temporary b�.�siness office to continue activities and transactions beyond the original time period limit, if the commission deterrnines special circumstar�ces and/or conditions e�:ist to warrant such an extension. An extension may only be granted for the rr�inimum time period nec�essary to facilitate specific redevelopment construction activities that achieve the towr�'s goals, policies, and objectives, but in no event may such an extension be alloNred for mare �than three (3) years without additional review. f. A conciitional use permit approval for a temporary busir�ess office shall be revie�wed by the� planning and environmental commission on an annual basis to verify th�� applicant's compliance with the conditions of approval. 15. Busine�ss offices and professional offices in the housinq (H) district: a. Business and professional offices shall be secondary to the residential use of the district. The net floor area of the office use shall be noir greater than fifteen percent (15%)� of the net floor area of i:he development site. b. The sale of inerchandise shall be prohibited. c. Off st�reet parking shall be provided in accordance with the provisions of chaater 10 of this� ti#le and shall be clearly+ separate fram the area designated for residential parkir�g. d. No o�rernight parking or stora��e of commercial vehicle�s associated with the professional or business officE: use shal! be permitted. e. Sign�ige shall be permitted in accordance with subsec;tion 11-6-3A of this codE�, business signs within sign district 1, and shall be subjE:ct to design review. f. The number of employees allowed in a business office: or professional office w�ithin the hc�using district shall not e�xceed one employee for each two hundred (200�} squar�e feet of net floor area. g. Hom��owners' association or �property owner approval shall be required of all conditional use permit applications for a professional ��ffice or a business office withir� the housing (H} district pursuant to subsection i 2-11-4B1 d of this code, 16. Sexuc�lly oriented businesses: a. Sexuaily oriented businesses; shall be located a minirnum of five hundred fee1r (500'} from any: (1) Religious institution; (2) P�ublic park; (3) Library; 9 of 11 S�erling Codifiers, Inc. (4) Si:ate licensed daycare iarility; (5} School or educationa! facility serving persons under eighteen (18) years of age; or (6) Any other sexually oriented business. b. The distance between any two (2) sexually oriented ��usinesses shall be measured in a straight line, without regard to intervening structures, from the closest exti�rior struci:ural wall of each business. Distance between ariy sexually oriented business and ��ny religious institution, school or public park shall be measured in a stra+ght line, without regard to interve�ning structures, from the nearest portion of the s�tructure used for the sexually orientecl business to the nearesl: property line of the religious instit�ation or school, or the ne:arest boundary of the p�ablic park. c. Sexually explicit advertisements or other promotional displays for sexually ori��nted businesses that are harmful t�o minors shall not be visible to minors from pede�strianways, walkways or other public areas. d. Sexu,ally oriented businesses� shall obtain a license p�ursuant to tiile 4, "Business And l_icense Regulations , of this code, as a conditior� of approval for a condii:ional use ��ermit. (Ord. 1(2011) § 1: Ord. 13(2008) § 3: Ord. 35(2007) § 3: Ord. 22(�?007) § 3: C�rd. 33{2006) § 2: Ord. �?9(2005) § 38: Ord. 36(2003) § 1: �rd. 33(2003) § 1: Ord. 31(2001) § 6: Ord. 17(2001) § 2: Ord. 10(1998} �3 11) 12-16-8: P1=RMIT APPROVAL iAND EFFECT: Approval of z� conditional use permit, or an amendment to an existing conditional use permit, shall lapse and become void if a builciing permit is not obtaine�d and construction not commenced and diligently pursued tc�ward completion or the use for which the approval has been grantecl has not commenced within two (2) years from vvhen the approval becornes final. Approv��l of a conditional use pf;rmit shall also lapse and become void if the use for which the ap�prova! has been granted is discontinued for a period of two (2) years, rec�ardless of any intent to resume operation of the use. (Ord. 12(2008} F3 26) 12-16-9: C�ONFLICTING PROVISIONS: In addition to the conditions which m;ay be prescribed pursuant to this chapter, a canciitional use shall als+� be subject to all other Iprocedures, permits, and requirements of this chapter and other applicable ordinances and regulations of the town. In the event of any conflict between the provisions of a conditior�al use permit and any other permit or requireme�nt, the more restrictive provision shall prevail. (Ord. 10(i998) § 10: (�rd. 8(1973) § 18.900) 10 of t 1 Stcrling Codiiicrs, Cnc. 12-16-10: A,MENDMENT PROCIEDURES: A. The administrator may approve amendments to an existing conditional use permit (including, but not limited to, additi��ns to buildings and structures associated with tl�e use, chanc�es to the aperation of trie use, changes to the pirevious conditions of approval, etc.) if the administrator determines the amendment meets the following criteria: 1. The am�endment is in accordance with all applicable elernents of this code and the Vail compreP�ensive plan; and 2. The am�endment does not alter the basic character or ini:ent of the original condii:ional use perrnit; and 3. The am�endment will not adversE;ly affect the public heali:h, safety, and welfare. B. All amendments to an existing conciitional use permit not meeting the above listed c;riteria, as determined by the administrator, shaif be reviewed by trye planning and environtnental commissic�n in accordance with thE; procedures described in section 12-16-5 of thi�� chapter. (C)rd. 12(2008) § 27) lloftt Stcr(uie Codifiers. Lic. Chapter 1 PUBL.IC NUISANCE:S 5-1-1: DEFINITiONS: NUISANCE: For the purpose of this code, a nuisance is herek�y defined as any act or condiiion which endangers the public health or environment or results in annoyance c�r discomfort to the public or damage to any property or injury tc� any person. PERSON: A�� used in this chapter me:ans a nafural person, cc�rporation, business trust, estate, trust, partnership, association, joint stock company, joint venture, two (2) or m��re persons having a joint or common interest, any other legal or commercial entity, or a receiver, executor, trustee, conservator or other representative appointed by order of any court. (1997 �Code: Ord. 18{1966) § 1) 5-1-2: DES�IGNATED GENERALLY: Each of the ��ctions or conditions set out in sections -5 1-3 thr��ugh -� 1_il of this chapter shall be deemed to be a public nuisance a�nd may be proceeded against according to the provisions of this chapter. (Ord. 18(1 �966) § 2) 5-1-3: KEE:PING JUNK: The storing or keeping by any person within the town of any ��Id articles or materia{s �which may be classified as junk, adjacent t�o or in close proximity to any public building, put�lic park or grounds, business buildings or re:�idences without first pro�viding fully enclosed bui�ldings for the stora��e of the same, shall be deemed a public nuisance. It is specifically provided that trash, g��rbage and refuse and trash, garbage and refusE; containers, barrels anci cans must be obscured from view and noi: accessible to scavengir�g animals. It is further specifically provided that "junk" as rE:ferred to in this chapier shall be expressly deerr�ed to include, with;out limitation, any motor vehicle that is incapablE� of operation under its own pawer. A mc�tor vehicle shalf be presum�d incapable of oper��tion if it has remained in one location for �� period in excess of thirty (30) days. (Ord. 16(1968} § 1: Ord. 15(1968) �� 1: Ord. 18(1966) § �?(b)} 5-1-4: DEI�OSITING WASTE�ne-r�Qini • EXHIBIT � ' �ofii Stcrling Cuciifiers, inc. The throwing, depositing, scattering by any person or the permitting by any person of the throwing or scattering of any waste or other material of any kind upon any sidewalk, stireet, alley, public p��ssageway, public park, open area or upon any private property within the town shall be deemed a public nuisance. (Ord. 18(1966) § 2(c)) 5-1-5: ABATEMENT OF MOUNTAIN PINE BEETLE2�: (Rep. by Ord. 23(2007) § 1) 5-1-6: NOXIOUS WEEDS: A. Plants List��d: A!I plants declared n�oxious weeds pursuant to the town of Vail weed management plan, which shail be annually reviewed and updated in compliance with the Colorado Revised Statutes, section 35-5.5-101 et seq., "the Colorada noxious wee:d act". B. Declarafion Of Nuisance: Any and all plants designated no:�cious weeds by the towr� are declared to be a public nuisance. �Such action may be takE�n as is available for nui:sance abatement under the laws of this :>tate and the town, and ��s town council, in their ;�ole discretion, deem necessary. C. Removal (�f Noxious Weeds Required By Property Owner: Properry owners within the town shall be responsible for the E�limination of noxious weeds from their property within ninety (9C�) days of the effective d��te hereof. Such remova�l shall be accomplished in an ecologically feasible and environmentally safe manner in ��ccordance with a11 appliicable laws, ordinances, rules and regul��tions. D. Enforcem��ni: The town shall have the right to enter upon <�ny premises, land, or p!'ace, whether ��ublic or private, during reasonable business hours or upon proper notice� for the purpose of inspecting for the existence of noxious weeds, and shall have the right to propose, impiement or enforce the management of noxious weeds upon such lan��s in accordance with the provisions of Colorado Revised Statutes sections 35-5.5-108�.5 and 109. 2 of 11 Sterling Codifiers,lnc. E. Advisory Board: The Vail town council shall be the locai ad`�isory board for all state and local noxious weed statutes, ordinances and regulations. l"he mayor shall be the c!nair and the mayor pro tem shall be the secretary. A majority of the members of the bo<�rd shall constiiute a quorum. F. Penalty: Vi�olation of this section shall be subject to penalty as provided in section 1-4-1 of this code, in addition to any other remedies provided herein or allowed by ordinanc:e, law, rufe, or re��ulation. (Ord. 6(2004) �� i: 1997 Code: Ord. 19(1993) § 1} 5-1-7: N41��E PROHlBITED: A. Prohibited Aci: The making and cr��ating of an excessive or an unusually loud nois�� at any location within the town heardl and measured in a manner hereinafter set forth, shall be unlawful, except when made under and in compliance �with a permit issued pur:�uant to subsection E of this section. B. Definition: An "excessive or unusually loud noise" shall be defined as follows: 1. Noise c�f any duration which ex�ceeds the allowable noi;�e limit for the zone in which the noise source is located by fiftee�n (15) decibels. 2. A noisE;, one minute or more in duration out of any ten {:10) minute period, which exceed�s the allowable noise limit for the zone in which'�the noise source is located by ten (10) decibels. 3. A noisE; of five (5) minutes in d�lration and a total of five� (5) minutes out of any ten (10} minute period, which exceeds the allowable noise limit for the zone in which the� noise source is lacated by three (3) decibels. C. Sound ME,asurement Standard: F�or the purpose of determining and classifying any noise as excessive or unusually loud a:� declared to be unlawful and prohibited by this ;>ection, the noise� shall be measured on a� decibel or sound level rneter of standard desigr� and quality operated on the A weighting scaie. 1. If the rioise source is located on private property, the noise shall be measured �at or beyond the property line of the property on which the noise source is located. 2. If the rioise source is located c�n public property, the naise shall be measured n�o closer than tE�n feet (10') from the noi,�e source. 3 of 11 Sterling Codifiers, lnc. D. Allowable Limits: The following shall be the allowable noise limits for the time periods and zones specified: _..�,:. . . _ Zoning C)esignation Of PropE�rty On Which Source Of Noise Is Located All residf:ntial zones excepting HDMF Commer•ciai plus HDMF Industria�l service zones Ma;Kimum Number Of Decibels Permitted From 7:00 ,A.M. To 11:00 P.M. 55 decibels 65 decibels 80 decibels IVlaximum Number Of Df�cibels Permitted From ,j1:00 P.M. To 7:00 A.M. 50 decibels 60 decibels 75 decibels E. Permit To 1=xceed Limits: Applications for a specified permit to exceed noise level designate�� in this section may be made to the town manac�er or duly authorized represeni<�tive. The town manager or duly authorized repr�:sentative may grant the: relief as appliecl for if he/she finds the fc�llowing: 1. That ad!ditional time is necessary for the applicant to alt��r or modify such activifi/ or operation to comply with this section. 2. The aci:ivity, operation or noise source wifl be of tempor�ary duration, and cannoi: be done in a manner that wilf com��fy with subsection A of tlhis section. 3. That nc► other reasonable altern�ative is available to the �applicant. 4. That th�e permit is necessary for the communiry's cultur��l, historical or social beinefi#. The tov+m manager may prescribe any conditions or req�uirements deemed nece�ssary to minirnize adverse effects upc�n the community or the surrounding neighborhood, includin�g, but not limited to, spe�cific times or functions c�f the noise on location c�f the noise s��urce. Any permit grante�d by the town manager under this section shall contain all concfitions upon which the pE�rmit has been granted and shall specify a reasc�nable time th��t the permit shall be effE;ctive. F. Exceptions: The maximum permissible noise limits for the i:imes and zones specifiE�d in subsection D of this section shall not apply to sound emitted from the following: 1. Any authorized emergency veh�icle when responding to an emergency call or acting in time of an emergency; 2. Activiti�es of a temporary duratic�n permitted by law and for which a license or pE�rmit therefor has been granted by the town, including, but n��t limited to, parades and fireworks displays; 4 of 11 Starling CodiGer�, lnc. 3. Any coi�struction equipment op��rated upon a residential, commercial, industrial, or public ��remises dur�ng the time period between seven a'clock {7:00) A.M. and s��ven o'clock (7:00) P.M.; provided, hc�wever, that the operation of the construction eq�aipment during the hours of seven o'cloc;k (7:00) A.M. and seven o'clock (7:00) P.M. shal! not exceed ninery (90) decibels; 4. Any sn��wmaking equipment; 5. Any mc�tor vehicles designated for and operated on the public streets, alleys, hi��hways or freevvays; 6. The so�,�nds of any permitted bE:lls or chimes or the amK�lified reproductions of tP�e sounds of any bells or chimes ��layed between the hour;s of eight o'clock (8:00) i�.M. to seven c�'clock (7:00) P.M., provi��ed that said sounds shall nat exceed eighty (80) decibel;s. G. Motor Veh�icle Noise: 1. Type O�f Vehicle; Time Period: f`o person shall operate nor shall the owner permit the operation of any motor vehicle ��r combination of motor vehicles at any time or ��lace when such operation exceeds the following noise levels for the category of motor vehicle and for the designated time period specified in tlhe tab(e set forth befow. The standards set forth in this table shall apply to all noise emitted from motor vehicl'es includir�g any and all equipment thereon, under any conditivns of acceleration, deceleration, idle, greater load, and whether or not in motion. Maximum allowak�le noise le�vels for motor vehicles ;shall be as follows: TYpe 01` Vehicle Vehicle;s weighing less than 10,000 pounds, manufacturer's gross vehicle weight Vehicles weighing more ih�an 10,000 pounds, manufacturer's gross vehicle weight Time I'eriod Any time Maximum Allowable Noise Levels 80 decibel;> Any time � 90 decibel;; y I � i j , __._ _ _.__..._.... .. � .. _. ._.. ......__...�.._..__..._.s Measurement Distance From Vehicle 25 feet 25 feet 2. Exhaust Muffler3: It is unlawful for any person to drive c�r move or for the ownei� of any mator vehicle to permit to be driven or moved, any mot�or vehicle or combination of motor vehicles at any time whic;h is not equipped with 2�n exhaust muffler. It is unlawful for any person or for the owner� of any motor vehicle to change or modify the e�;haust s�ii Sterling Codifiers, liic. muffler, air intake muffler, or any other souiid reducing d�evice in such a manner i:hat the noise emitted from the moto�r vehicle: a) exceeds the noise levels as established in the maximum allowable noise level table for motor vehicles, or b) is increased a��ove the sourid pressure level of the vehicle as originally manufactured. 3. Idling Engines: a. It shall be unlawful for any person to idle or permit the idling of the engine of a.ny bus, truck, or ai�y motor vehicle of any kind whatsoevE;r, for a period of time in exces�s of twenty (20) minute�� within the town limits. b. Notwiithstanding subsection Ca3a of this section, it shal! be unlawful for any person to permit any idling whatsoever ��f the engine of any unattended bus, truck or an!� motor vehicle, except for refrigeration vehicfes, within the Lic�nshead mixed use 1, Lionshead mixed use 2, comrnercial core 1 or the commercial core 2 zone districts of the town. H. Amplified :�ounds: Purpos��: The town council enacts this legislation for the� purpose of securing and promoting the public comfort, s��fety, and welfare of its citizenry. While recognizing that certain �uses of sound amplifying equipment are protectE:d by the constitutional rights of freedom ofi speech and assembly, the council neverthelf;ss feels obligated to reason��bly regulate the use of sound amplifying equiprrient in order to protect tr�e correlative constitutional rights c�f the citizens of this community to privacy and freedom from public nuisance and loud �ind unnecessary noise. 2. Prohibi�tion And Regulation: It shall be unlawful fior any ��erson other than the pe�rsonnel of law e�nforcement or governm�antal agencies to install, use, or operate within the town a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound truck for the purposes of givir�g instructions, direction:�, talks, addres��es, lectures, or transmil: or project music to any person or assemblage c�f person:� in or upon any public street, al(eys, sidewalks, �park or place, or public properfiy, except when instal(ed„ used, or operated in compliance with the following provisicros: a. In ali residential zones, no sc>und amplifying equipme�nt shall be ir�stalled, opE�rated or used for commercial purposes at any time. b. The �operation or use of sour�d amplifying for noncommercial purposes in all residential zones and within ��ne hundred feet (100') t:hereof, except when us�sd for regularfy scheduled operativf� functions by any schoc�l or for the usual and customary purp+�ses of any church is pr��hibited between the ho�ars of four thirty o'clock (4:30) P.M. and nine o'clock (9:00} �q.M. of the following day. c. At the Gerald R. Ford Amphitheater located within G+:rald R. Ford park, the oper�ation or use of sound amplifying equipment for commercial purposes is prohibited between the hour;; of twelve o'clock (12:0()) midnight and eight o'ciock (8:0()) A.M. of the following day. b of 11 Stcrling Codifiers, Inc. d. In ali other zones, except such portions thereof as ma.y be included within one: hundred feet (100') of any residential zone, the operation or use of sound am��lifying equipment for commercial purposes is prohibited bet�n�een the hours of ten o'clock (10:Oi�} P.M. and eight o'clock (8:00} A.M. of the follo�nring day on Sunday thro�.�gh Thurs;day, and between the hc�urs of eleven o'clock (11:00) P.M. and eight o`cl��ck (8:00;! A.M. of the following d��y on Friday and Saturd��y. e. In all other zones, except such portions thereof as may be included within one� hundred feet (100') of any residential zone, the operation or use of sound amplifying equipment for noncommercial purposes is prohibited between the hours of ter� o'cloc:k (10:00) P.M. and seven o'clock (7:00} A.M. of 1:he following day. The or�ly sounc�s permitted shall be eitP�er music, human speech, or both. The �;ound emanating from sc�und amplifying equipmE�nt shall be limited in volume and intensity for the times suc;h sound is permitted by subsection H2 of this sE:ction shall be as sei forth in subsec;tion D of this section. In no event, shall the sourid be � loud ��nd raucous or unreasor�ably jarring, disturbing, annoying, or a nuisance to reasc►nable persons of normal sensitivity within the ar�ea of audibility. 3. Permit Required: It shalf be unl��wful for any person, bu.�iness or corporation to operate sound amplifying equipment in ,�ccordance with this chapter without first obtaining a permit from the town. Application for such permits will b�� on forms provided by the town. The following information shall be provided by the applicant: a. Name, address and telephone number; b. The ��lace or places the appiicant �vill be playing amplified sound; c. The c�ates and times the applicant will be playing amplified sound. All pE�rmits shall be valid for a period of one calendar year. I. Appeal: Appeal of any action of the town manager or duly a�uthorized representativE� pursuant to subsections E and H of this section, denying the issuance of a permit to exceed tf �e noise levef or to play ��mplified sounds, may be filed within thirty (30) clays following such action with the town council which shall he��r said appea! in accordance with iis rules of procedure. The to�vn cfluncil rnay confirm, reverse or modify the actions of the tov�m manager or his/her duly authorized represent��tive. J. Penalty: Any person, partnership, ,association, or corporati��n convicted of a violatic�n of any provision of this section shall be subject to penalty as� provided in section 1=4•-1 of this code. K. Four Day Limit: 7 of 11 Sterling Codifiers, Inc. 1. Any per�son wishing to play "amplified sounds" as defined in subsection H of this section during any period not to exceed four (4) consecutive days shall not be required to provic�e the infori�ation set forth in subsection H3 of this section in such person's application. 2. Upon tr�e receipt of an applicatian to play amplified sour�d during any period not to exceed four (4) consecutive days, the town manager, wi�thout the necessity of a public hearing, shall either grant or der�y the application after a�nsideration of all the relevant factors. Before the town managf:r shall grant any such application, the town mar�ager shall be required to make the fir�dings set forth in subsec;tion E4 of this section. (Ord. 14(200 i') § 1: Ord. 3(1999) § 10: Ord. 20(1988) § 1: 1997 Code: Ord. y 5(1988) F; 1: Ord. 26�;1984) § 1: Ord. 32(198�?) § 1: Ord. 1(1981) § 1) 5-1-8: MUFFLERS4: The operatior� of a motor vehicle within the town which is not ��t all times equipped witlh a muffler in goad working order upon the exhaust thereof and in constant operation to prevent excessive or �unusual noise, or the use, by any person operating a motor vehicle within the town, of a cutout, bypass or similar muffler elimination appliance shall be deemed a piablic nuisance. (Or�d. 18(1966) § 2(e)) 5-1-9: !CE �4ND SNOW OVERHANGS AND ACCUNiULATIONS: A. Located Over Public Property Or VVays: No owner, occupant or manager of any re�il property c�r improvement thereon ,,hall allaw or permit ice +�r snow to project or ovE�rhang from any roof, ledge or other part of the structure or buildir�g owned, managed or occupied by such person where tYie projection or overhanc� constitutes a hazard ai� reasonable possibility that the ice or snow projection or overhang (or water resulting therefrom) might fall, collapse or clrop onto any sidewalk, street, alley, pubfic way, park or any other publicly used way. B. Accumulat:ions On Buildings: No owner, occupant or manager of any real property or improvement thereon shall al(ow or permit ice or snow to ��ccumulate on the roof c�r any other part of the structure or buildiing owned, occupied or managed by him or her where the accumulated ice or snow con��tiiutes a hazard or reasc�nable possibility of sliding off the building onto any sidewalk, street, alley, public way, p��rk or any other publicly used way. (Ord. 9(1978) § 1 } 8 of 11 Sterling Codifiers, Inc. 5-1-10: ICE, SNOW AND OBSTRUCTIONS ON SIDE:WALKS: A. Duty To Clf�ar Sidewalks: It shall bE� the duty of every owne�� or occupant of any lot, property, c�r parcel of land within tr�e town, or hismer agent„ to keep the sidewalks in the public right of way on or adjacent to such iot or parcel of land, free and clear of anci from snow, ice, mud, and all other obstruciions. It is unlawful to tail to keep the sidewalks free and clear ��# snow, ice, mud, and a.11 other obstructions. Snc�w, ice, mud, and other obstructions cleared from sidewal�cs shall not be deposited in public streets or alle}�s. B. Notice To F3esponsible Person: If tr�e town manager or his/her designee finds that 2�ny portion of a sidewalk has not beer� cleared of snow, ice, m�ad, and other obstructions as required by subsection A of this sE�ction and that a hazardc�us condition exists, the town manager c�r designee shall notity the owner or manager of any property, the IesseE; leasing the premises or any adult occupant of a single-farr�ily dwelling that such pe:rson must remc�ve the snow within twer�ty four (24} hours. Notice under this subsection is sufficient if hand delivered or tele�>honed to the owner, manager, lessee, or occup��nt. C. Town Abai;ement For Noncompliarice: If the persan so notiified fails to remove the :>now as required t�y the notice set forth in subsection B of this section, the town manager c�r his/her designee may cause the snow removal to be done to meet the requirements of this sectic�n and charge the cost tP�ereof, plus an additional amaunt up to finrenty fi�ie dollars ($?5.00) for administrative costs to the person so r�otified. D. Lien: Ifi an�y person fails or refuses to pay any charge imposed under this section, the town manager may, in addition to takin�� other collection remedies, certify due and unp�iid charges t�� the Eagle County treasurer for collection. (Ord„ 3(1992) § 1: Ord. 1(19E38) § 1: Ord. 18(1996) § 2(g)) 5-1-11: CO�NSTRUCTlON WOF�K LiGHT1NG: The purpose of this section is to minimize the possible negative efifects of construction work lighting on adjacent properties within the town. A. All artifici��l light sources operated for the purpose of illuminating construction wor�c activities shall be directed intern��lly to the development site toward the specific construct:ion tivork area or on site objects intended to be itluminated. Any artificial light sources operating between suns��t and sunrise for the purpose of illuminating construci:ion work activities direct:ed at an adjacent property or public way within the town 9 of 11 Sterling C:odifiers, Inc. shall be dE�emed a public nuisance. B. All artificial light sources operated for the purpose of ilfuminating construction work activities shall cease operation onc;e the associated construction activities have ce,�sed. Any artificial light source operating between sunset and sunrise for the purpose of illuminatin!� construction work acti��ities that remains in ope�ration after the associated construction activities have ceased shall be deemed a public nuisance. C. This section shall not apply to lighting required for identifyir�g hazards ar illuminating road constructian. D. This section shall noi apply to any outdoor lighting otherwis�e rsgulated by section 14-10-7, "iJutdoor Lighting", of thi:� code. {Ord. 4(2009) § 1) 5-1-12: CRI=ATION OF NUISANICE PROHIBITED: No person shall perform any act or ac:ts constituting a nuisanc;e under sections 5-1-2 t:hrough 5-1-1 t of this chapter nor shall any pe�rson create, keep, maintain, or allow or cause tc� be created, kept, maintained or to exist a.ny nuisance set forth in sections 5-1-2 through Ei-1-11 of this chapter within the town. (4;d. 4{2009) § 1) 5-1-13: INVESTIGATION; ABA1fEMENT NOTICE: The town council or any person specifically authorized by the council shall investigate into every public r�uisance within the town, and the town council shall have the power to d�°liver a request for ak�atement to any person in control of any public nuisance. Any request fo�r abatement dE�fivered by the town council shall be in writing and shall state the nature +�f the nuisance or r�uisances which are to be abated and shall specffy a reasonable time within which such n�uisance or nuisances ar�� to be abated. It is the duty of any person in control of any public nuisance within the town tc� abate the nuisance upon receiving a requesi fc►r abatement from the town council within the time specified in the request. (Ord. 4(200�3) § 1) 5-7-14: AB.ATEMENT PROCED�URE: l0of ll Sterling Codifiers, liic. In addition to or in piace of proceeding under section 5-1-13 of this chapter against any person who is believed to have violatE�d or to be v�olating any of the provisions of this chapter, ihe i��wn council may direct the town attorney to brinq an action in the municipal court for the town to abate and restraGn any nuisance set forth in sections 5-1-2 through 5-1-11 of this chapter within the town; provided, that any action to abate and restrain ��ny such nuisance shall operate as a bar to any subsequent proceedings under section 5�-1-13 of this chapter f+�r the violation of any of the provisions of this chapter where the violatior� occurred prior #o the action to abate c�r restrain the nuisance, and no testimony given by the defendant at any hearing in an action to abate or restrain ihe nuisance shall be admissible against such person in any proceedir�g under section 5-1-13 c�f this chapter instituted for any violation of the provisions of this chaK,ter occurring subsequent to the hearing. (Ord. 4(2009) § 1) 5-1-15: CI�►1L REMEDY NOT PI�ECLUDED: No provision of this chapter shall be ronstrued as prohibiting any private person from bringing any action, seeking any remedy or taking any step w�ith respect to any nuisance set forth in sectic�ns 5- t-2 through 5-1-11, of this chapter as that ��erson may be authorized or permitted to I�ring, seek, or take undE;r state law. (Ord. 4(200!a) § 1) 5-1-16: VI()LATIOf�; PENALTY�: Any person c,onvicted of violating arr� of the provisions of this chapter shal! be punisi��ed as provided in s;ection 1-4-1 of this code�; provided, that each separate act in vioiation of the provisions oi this chapter, or each an�d every day or portion tP�ereof during which any separate act in violation of this chapter is committed, continued, or permitted, shall be deemed a sE;parate offense. (Ord. 4(2009) § 1) Il of ll Sterluig Codifiers, Inc. t�hapte� 12 E:.NVIR�NIUIENiTAL IMPACi REPORT'S 12-12-1: PURPOSE: Submission and review of an environrnental impact report on ��ny private development proposal or public project which may <�ffect to any significant degree the quality of the enuironment in the town or in surroun��ing areas is required to achieve the following objectives: A. Availability Of Information: To ensure that compleie informa.tion on the environmental effects of t:he proposed project is ��vailable to the town cou�ncil, the planning and environmE�ntal commission, and the general public. B. Environmental Protection A Criteric�n: To ensure that long tEarm protection of the environmE�nt is a guiding criterion in project planning, and i:hat land use and develc�pment decisions, both public and private, take into account the relative merits of possible alternative� acfions. C. Review Ar�d Evaivation Procedure: To provide procedures for focal review and evalluation of the environmental effects of pro�posed projects prior to cGran#ing of permits or oih�er authorizatians for commencement: of development, D. Avoid Geologic Hazard Areas: To ensure that buildings are not constructed in geol��gic hazard ar��as, by way of illustratio�n, floodplains, avalanchE: paths, rockfall areas, where such hazard cannot practically be mitiga#ed to the satisfaction of the pianning and environmE�ntal commission and the town council. E. Protect W��ter Quality: To ensure that the quality af surface water and ground wate�� within the town �Nill be protected from adverse impacts and/or degradation due to constrt�ction activities. {Ord. 29(20Q5) § 31: �rd. 37(1980) § 10: Ord. 19(1976} § 14: Ord. 8(19�73) § 16.100) 12-12-2: AIPPLICABILITY: EXHIBiT � �� l oF 8 Ste:ling Codifiers, lnc. An environmE�ntai impact reporl shafl �e submitted to the administrator for any project for which such a report is required by federal or state la�v, or for any project which the administrator determines may significantly change the enviroriment, either during construction or on a continuing f�asis, in or�e or rnore of the following respects: A. Alters an ecological unit or land form, such as a ridgeline, :�addle, draw, ravine, hiifside, cliff, slope, creek, marsh, watercourse, or other natural landform feature. B. Directly or indirectly affects a vrildlife habitak, feeding, or ns�sting ground. C. Alters or rE�moves native grasses, trees, shrubs, or other v��getative cover. D. Affects thE� appearance or charact�ar of a significant scenic area or resource, or invalves buildings or other structures that ��re of a size, bulk, or sc��ie that woufd be in marH:ed contrast t�� natural or existing urb��n features. E. Potentially� results in avalanche, landslide, siltation, settlement, flood, or other land form change o�r hazard to health and s,�fety. F. Discharge;s toxic or thermal{y abnormal substances, or invc�lves use of herbicides c�r pesticide��, or emits smoke, gas, steam, dust, or other particulate matter. G. Involves �iny process which results in odor that may be o��jectionable or damaginc�. � H. Requires any waste treatment, cooling, or settlement pond, or requires iransportaition of so(id or li�quid wastes to a treatmE�nt or disposal site. !. Discharges significant volumes of :solid or liquid wastes. J. Has the p��tential to strain the capacity of existing or planned sewage disposal, stc�rm drainage, or other utiiity systems. 2of8 Sterling Codificrs, ]nc:. K. involves ar�y process ���hich generates noise that may be ofi#�nsive or damaging. L, Either displaces significant number:; of people or results in <� significant increase in population. M. Preempts �� site with potential recrE�ational or open space value. N. Alters local traffic patterns or causc�s a significant increase in traffic volume or transit service needs. O. Is a part of a larger pro}ect which, ��t any future stage, may involve any of the impac:ts listed in this section. (Ord. 29(200�i) § 31: Ord. 8(1973) § 16.200) 12-12-3: E�;EMPT PROJECTS: An environme�ntal impact report shall not be required for the falfowing prajects: A. Alteration, repair and mainter�ance of existing structures and site improvements. B. A phase ofi a project for which �n environmental impact report previously was subrr�itted and revieuved covering the enfire project, provided that the project was approved a.nd not subsequently altered. C. A project v+rhich, on the basis of a��reliminary environment��l assessment covering ��ach of the factor:� prescribed in section 12�12-2 of this chapter is found to have an insignificant impact on the environment. The preliminary environmenta1 assessment and the fir�ding on environmental impact shall be made by the administrator. (Ord. 29(2005) § 31: Ord. 8(1973) § i 6.300) 12-12-4: S1fUDIES AND DATA i�EQUIRED: 3 �es Scerlui� CodiFiers; l�ic. A. Range Ot Studies: The environ�r�entai impact reqort shall ��e based on systematic :>tudies conducteci by the town staff or by professional consultants, as determined by the administr��tor. The environmental impact report on a public; project may be prepare�d by the responsible public agency or k�y �rofessional consultar�ts it engages, The range of studies nE;eded to develop the technical data for an environmental impact report ir�cludes the followbng natural systems and other studies: 1. Hydrolc�gic conditions, such as surface drainage and w��tershed characteristics, ground water and soil permeability characteristics, natural water features and characteristics, and an5r potential changes or impacts. 2. AtmosK�heric condiiions, such as airshed characteristics�, potential emissions, artid any potenti��l changes or impacts. 3. Geologic conditions, such as landforms, slope, soil chai�acteristics, potential ha:�ards, and an}I potentiai changes or impacts. 4. Biotic conditions, such as vegetative characteristics, wildfife habitats, an� any potential changes or impacts. 5. Other E�nvironmental conditions,, such as noise levels and odor characteristics, ��nd any potenti��l changes or impacts. 6. Visual conditions, such as views and scenic values, and any potential changes, impact��, or marked contrasts. 7. Land use conditions, such as characteristics of uses, cc�mpatibility with officially approv��d land use and open space policies and objecti�des, and potentiai chanc�es or impact;>. 8. Circulation and transportation c;onditions, such as volurnes and traffic flow patte�rns, transit service needs, alternative transit systems, and potential changes or imp<�cts. 9. Popula.tion characteristics, sucl� as residential densitie.�, neighborhood pa#tems�, potenti��l displacement of resiclE;nts or businesses, and potential changes or im��acts. B. Summariz:ation: The environmental impact report shall surnmarize the findings anci recommendations of the technicai and other supparting si:udies in terms that can I�e assessecl and evaluated by to�vn officials and the general public. Technical data shalf be submitted as supporting documer�tation. Technical data prepared as a part of any other procedur�� or requirement of this rhapter, or of any other ordinance or federal, state or town regulation, also may be used to support an environmenta! impact report. (Ord. 29(2005} § 31: Ord. 8(1973) § 16.40i) 12-12-5: REPORT CONTENTS�: 4of'8 Sterling Godifiers, Inc. A. Informatior� And Analysis: The environmental impact reporf shall contain information and analysis, iii sufficie►it detaii and adequately supported by tE�chnical studies, to enaC�le the town council to judge the environrriental impact of the projE:ct and to judge measurE:s proposed �to reduce or negate any harmful impacts. B. General Statement; Descriptive M��terials: The environmen�tal impact report shall irn:,lude a general st�atement, describing the proposed project and its purpose, identifying #he owner and/or spc�nsors, and, if a public piroject, identifying the fiunding source and time schedule. Descriptive materials, m�aps, and plans shall be submitted showing the following information: 1. Project boundaries and boundaries of th2 area within which environmental impact is likely to be significant. 2. Presenl: and proposed uses of the site. 3. Preseni: and proposed zoning of the site. 4. Quantit,ative information reiative� to the project, such as sife area, numbers of resideni:ial units, proposed height and bulk of buildings, building floor area in square feet, arnd such other data as will contribute to a clear unc�ers#anding of the scaie of the project. 5. A list of regulatory or review agE:ncies and the specific regulations to which the project will be :>ubject. 6. Copif�s of subdivision maps, ��evelapment plans, or dther pertinent document:s illustrating the proposed project. 7. Proxim�ity to water bodies, the distance from the centerline of live creeks or stre,ams to any proposed structural development within the project: 8. Soil ty��es based upon the Natic�nal Cooperative Soil Survey, USDA, Soil Conse�rvation Service and interpretations of s�oil rypes, vegetation shail be described and thre�� (3) masse�; shown. C. EnvironmE;ntal lnventory: The environmental impact report shall include an enviror�mental inventory, providing complete information on the environrr�ental setting exisiing prior to the proposed project and containing sufficient information to permit independent evaluatioi� by reviewers of factors that could be affected by the proposed project. The environmental inventory sha11 include maps, photographs, or other appropriate illustrative material. D. Categorized By Impact Type: Are<�s categorized according to type of possible imp�act shall s oe s Sterling Codifiers, Ir.c. be identifiE:d. The environmental iriventcry shaii describe both the physicaf and biological naturaf se�tting, and the manmade settir;g of the site and it�� surroundings. E. Analysis: The environmental impac;t report shall include a comprehensive, qualitaiive and quantitative analysis of any signifi��ant impact that the pro��osed project will have on the environmE�nt. The analysis shall dsscribe temporary effect:> that will prevail during constructi��n, and long term e#fect;> that will prevail after compietion. The analysis s�hall describe r�oth beneficial effects and detrimental effects. Th�e analysis shall consider primary effects and secondary effE;cts which will result from the project. The analy:�is portion of the environmental impact report shall fully asses;s the following items: 1. Advers�� effects which cannot be avoided if fhe proposal is implemented. 2. Mitigaii��n measures proposed 1:o minimize the impact, including water quality, erosion control and revegetation measures. 3. Possible alternatives to the pro�posed action. 4. Relationships between short te�rm and long term uses of the environment. 5. Irrever:�ible environmental char�ges resulting from imple�mentation of the proposal. 6. Growth inducing impacts of the project. (Ord. 29(2005) § 31: Ord. 37(1980) § i(?: Ord. 8{1973;1 § 16.402) 12-12-fi: RIEPOHT; AUUITION�►L MATERIAL: The administ:rator may further prescribe the form and content of an environmental impact report, settirn� forth in greater detail the factors to be considered and the manner in which the report shall ��e prepared, and may require submission of information in addition to th��t required by �>ection i 2-12-5 of this cP�apter. {Ord. 29(2005) § 31: Ord. 8{1973) § 16.4��3) 12-12-7: TIfME SCHE�ULE: The environrnental impact report required under this chapter shall be prepared withir� thirty (30) days of the date that plans are ;>ubmitted for design review as prescribed in seci:ions 12-12-4 through 12-12-6 of this chaK►ter, subject to extension of the time period to a maximum of ninery (90) days by the planning and environmental commission. The tirne period may be extended to a maxima.�m of one hundred eighty (180) days if seasonal conditions p�revent a comprehensive analysis. (Ord. 29(2005) § 31: Ord. 16(1978) §,?(a): Ord. 8(1973) § 16.4Q�) 6ofa Sterling Codificrs, lnc. 12-12-8: FE,E: In the event tP�at the town engages prc�fessional consultants to prepare an environmer�tai impact report, the cost shall be paid by the sponsor of the project. The sponsor may b�� required to de�posit a fixed sum in adv�ance to cover the cost oi` the report, with the unexpended k�alance returnable to the� sponsor. (Ord. 29(2005) § 31: Ord. 8(1973) § 16.405) 12-12-9: SUBMISSI�N OF REP�RT TO OFFICIAL��: The environm�ental impact report shall be submitted to the adnninistrator. The administrator shall prescrib�� the number of copies to be submitted. The adn�inistrator shall notify thE� town council, the pllanning and environmen�tal commission, and the design review board of i•eceipt of an environmental impact report, an�� shall transmit copies of the report upon reque:�t. Environment�il impact reports shall be available for public revi�ew in the offices of the t��wn. (Ord. 29(200:i) § 31: Ord. 8(1973) § 16.501 } 12-12-10: T'IME LIMli'; SUPPLE,MENTARY 1NFORMATION: A. Time Limit: The planning and environmental commission shall review the report within thirty (30) days of submission subject to an extension af the time period thirty (30) additional days in order to obtain additional information from the town staff, from tF�e sponsor of the project, o�� the auth��r of any portion of the r�epart. B. Supplemei�tary Data: The commission may receive additional statements or suppo�rting materials from the sponsor of a project, from the town staff, from professional consuitants, or from others. Such additional materials may be considered as supplementary or amendatory to the environmental impact report. (Ord. 29(2005} § 31: Ord. 16(1978) § 2{b): �rd. 8(1973) § 16.502) 12-12-11: �'�CTlON BY C�IUIIViI;;SiON: A. Criteria Fc>r Decision: Following revie�v of the environment��l impact report, the planning and envinonmental commission shall approve, disapprove, or request changes in �the project in writing. The planning an�d environmental commi:;sion shall approve the project 7of8 Sterling Ccxiificrs, lnc. unless it finds that either the projert will have significa►it long term adverse effects �on the environment with respect to the natural systems or other f�ictors studied as prescri'�bed in section 12-12-4 of this chapter or t:he project 4vill have shor�t term adverse effects on the environment so detrimental that public health, safety or welfare considerations prerlude approval c�f the project. In the casE; of either finding, if char�ges in the project are feasible which amE�lioraie or avoid the adverse effects on the envirc�nment sufficiently to permit approval c>f the project, the plannir�g and environmental commission, in writing, sh��ll describe those changes and request tf �ose changes be m��de. 1f the planning and environm�;ntal commission deterrriires that the changes are not feasible, it shall disapprov�e the project in writing, describing the adverse effects on the environmen�t, the significanc;e of the effecfs either to the natural systems or other factors studied as prescribeci in section 1?_-12-4 of this chapter or io the public heaith, safety or welfare and the planni�ng and environmenta! cc�i�nmission's reasons �or concluding that no changes in the project are feasible to amelior��te or avoid those effect:>. B. Design Changes Require Resubmlission To Design Review Board: If the planning a.nd environmE�ntal comrnission reque;�ts any changes in the project which would aiter 1the design of the project previously aK>proved by the design review board, and the sponsor of the project makes those changes, the revised design shall be resubmitted ta the design �eview board for its approval unie:�s the planning and environmental commission v�raives this requirement. (nrd. 29(2005) �� 31: Ord. 16(1978) § 2(t�): Ord. 8(1973) § 16.503) 12-12-12: F�ERMIT ISSUANCE: A. Conformance To Environmental Impact Repor�: Upon approval of the project, applicable permits m�ay be issued and the pr��ject may proceed, subjE�ct to such additional requirements, permits, or authorizations as may be requirE�d by this title and by other applicablE� ordinances or regulatio�ns of the town. No permits shall be issued and r�o authorizaitions shall be granted which rrrould allow a projec,t to proceed in the ever�t that the plann�ing and environmental c��mmission does rot grant approval of the environm��ntal impact report after review. No permits shalf be issued and no authoriza�tions shafl be granted for any project which does not conform substantially to the description of the project contained in the enviranmental impact report. B. Exception: This section shall noi a,p� ly to a project for whic;h an environmental impact report is not req�aired, as prescrib�ed in section 12-12-3 of �his chapter. (Ord. 29(2C)05) § 31: Ord. 16(1978) § 2(b): Ord. �3;1973) § 16.504) 8of8 Stcrling Codi(icrs, Inc. 12-4-2: PEA�MITTEn USES: A. Listed Use:� Exclusive: The listir�g of any use as being a per�mitted use in any particular zone distrirt shali be deei�ned an exclusion of such use frorn any other zone district unless expressly permitted as a permitted use, conditional use or accessory use. B. Prohibited if Nat Permitted: The permitted uses, conditional uses and accessory�us�ss in the particular districts shal( be deemed to be exclusive useS for those districts, and any use not sp�ecifirally �erm�tted as a permitted use is prohibited unless a determination of similar use� is made in accordance with section 12-3-4 0# this title. (Ord. 29(2005) § 21: �rd. 50(19�78) § 21) EXHIBIT � � � a lofl Ste�ling Codifiers,ltic. 12-3-4: DETERMINA�ION QF SIiU11LAR USE: A. Uses Not Listed: In order to ens«re that the zoning regulatians will permit similar us�es in certain prescribed commercial zon��s, the town council, on its initiative or upon writi:en request, si��ali detarmine �vhether a use iiot specificaily listed as a permitted use shail be deemed a permitted use or� the basis of similarity to uses specifically 4isted. The procedure prescribed in this section shall not be substituted for the amendment procedure as a means of adding nrw uses to the lists of permitted uses, but shall �>e followed to determine whether the characterisiics of a partirular use nat listed are sufficiently sirnilar to certain ciasses of permitted uses to justify a finding that the u:�e shouid be deemed a p°rmitted use. B. Review Us�� Characteristics: The administrator, upon requesf of the town council, or written request of any person for a determination under this section, shall review fh�e characteristics of any use propose�� to be determined as simiiar to permitted uses, and shall transimit a report to the council advising in what respects the proposed ase wi�uld be, in fact, similar to specified perrnitted uses in the same ;�one distr.i�ct, or in what respects the propased use wou(d not be similar to permitted uses, or would be similar to uses specifically permitted only in other zone districts: After receipt of the report, the council may determine the proposE=d use to �e simiiar to uses specified as permittE,d uses in the same zone district if it linds that the proposed �lse will not be substantially different in its aperation or ather cPiaracteristics from uses specifically permitted in the same zone district. The council sh,all state the basis fcr its determination, and the use thereafter shall be deemed a perm�itted use sub}ect to ihe :�ame regulations as specifically permitted uses in the same zone district. (Ord. 29(2005) § 19: Ord. 8(1973) § 21.200) �XWIBIT � �b taft c TOWN OF 'VAII'� THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS� HEREBY GIVEN that the Planning and Environn�ental Commission of thE� Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on N9arch 26, 2012, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: An appeal, pursuant to Section 12-3-3, Appeals, Vail �Town Code, of the zoning administrator's determination that �in appeal form sut�mitteci by the Vail Gateway Plaza Condominium Association on Janu�ary 4, 2012, was untimelly, and therefore, can nc�t be f 1$Ilaheard by the Planning and Environmental Commission. Thi:� determination was macie in accordancE: with Section 12-3-3.3 of the Zoning Regulations of the Town of Vail. The Vail Gatew�ay Plaza Condominiums are located at 12 Vail Road/Lot N, Block 5D, Vail Village Filir�g 1. Appellant: Vail Gateway Plaza Condominium Association, represented by Lan�sky, Weigler, and Porter, P.C. Staff: Matt Mire, Town Atto�rney The applic��tions and information at►out the proposals are available for public inspectiion during office hours at the Town of V'ail Community Development Department, 75 South Frontage F;oad. The public is invited to attend site visits. Please call 970-479-2138 �for additional information. Sign language interpretation is available upon request, with 24-hour notification. Ple�ase call 970-479-2356, Telephone for ti-ie Hearing Impaired, for information. Published IMarch 9, 2012, in the Vail Daily. rowN oFVai�� Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 26, 2012 SUBJECT: A request for a recommendation to the Vail Town Council for amendments to the Ford Park Management Plan, to allow for the construction of various improvements at Ford Park (realignment of athletic fields, new restroom and concession buildings, new covered outdoor terrace, Gerald R. Ford Amphitheater renovations, park entrance improvements, Betty Ford Alpine Garden welcome center, streetscape improvements, etc.) located at 530, 540, and 580 South Frontage Road East/Unplatted, and setting forth details in regard thereto. (PEC120006) Applicant: Town of Vail, represented by Braun Associates Planner: Bill Gibson SUMMARY The purpose of this work session is to discuss the draft amendments to the Ford Park Management Plan document. These amendments are intended to facilitate the future construction of the various proposed capital improvements at the park. Final action on the proposed management plan amendments and the associated conditional use permit applications will be requested at a future public hearing. The Community Development Department recommends the Planning and Environmental Commission listens to the applicant's presentation, asks questions, comments on the proposed amendments, and tables this item to the Commission's April 9, 2012, public hearing for further deliberation. II. DESCRIPTION OF THE REQUEST The applicant, Town of Vail, is proposing amendments to the Ford Park Management Plan. These amendments are intended to facilitate the construction of various capital improvements at the park. The applicant is proposing amendments to update the following sections of the Ford Park Management Plan: • Introduction • Section 1: Executive Summary Town of Vail • Section 2: Background of Ford Park • Section 4: Purpose of the Management Plan • Section 6: Illustrative Plan Components • Section 8: Appendix The proposed amendments to the Introduction, Executive Summary, Background, and Purpose sections are intended to update this 15 year old master plan. The proposed amendments to Section 6: Illustrative Plan Components include reorganizing this section by topic, rather than by geographic location; identifying action steps completed since the 1997 adoption of the Ford Park Management Plan; and replacing the illustrative plan drawings. Since the 1997 version of the Ford Park Management Plan is recorded in the Town's archives, the applicant is proposing to delete the appendix section of the management plan document. The applicant is not proposing amendments to the following sections of the Ford Park Management Plan: • Section 3: Process of Developing the Management Plan • Section 5: Goals, Policies, and Action Steps. The proposed Ford Park improvements associated with this application are intended to conform to the goals, policies, and action steps established by the 1997 adoption of the Ford Park Management Plan. A vicinity map and draft amendments to the Ford Park Management Plan have been attached for review. The 1997 version of Ford Park Management Plan can be downloaded in its entirety at the following link: https://www.vailqov.com/docs/dl forms/ford park manaqement complete compressed.pdf III. BACKGROUND On March 5, 2012, the Planning and Environmental Commission held a work session at which the applicant introduced the various proposed park improvements. IV. DISCUSSION ITEMS Staff and the applicant request that the Planning and Environmental Commission asks questions and provides comments on the proposed management plan text and each of the following elements of the proposed illustrative plan amendments: 1. Park storage/maintenance and restroom building 2. Outfield retaining wall Town of Vail Page 2 3. Multi-purpose area/enlarged sports fields 4. Enhances landscape and pedestrian environment along Betty Ford Way 5. Outfield fencing 6. Improved plaza and Gerald R. Ford Amphitheater entry 7. Improved Gerald R. Ford Amphitheater restrooms 8. Improved Gerald R. Ford Amphitheater lawn seating 9. East GRFA restrooms 10. Walk to lower bench 11. North Betty Ford Alpine Gardens entry 12. Betty Ford Alpine Gardens Welcome Center 13. Overlook, walk and stair connection to lower bench 14. Outdoor seating area 15. Park Center — restrooms/concessions/information/weather shelter 16. Bus drop-off/park entry 17. Car drop-off 18. Parking/vehicle turnaround 19. East Betty Ford Way service/delivery drive with pedestrian overlook 20. Improved walk connection from parking lot 21. Expanded truck turnaround 22. Improved lower bench restrooms 23. Bus Shelter 24. Ford Family Tribute 25. Frontage Road parking 26. Enhanced landscape at park entry 27. Bleachers 28. Improved stream walk 29. Betty Ford Alpine Gardens expansion area V. RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission listens to the applicant's presentation, asks questions, comments on the proposed amendments, and tables this item to the Commission's April 9, 2012, public hearing for further deliberation. VI. ATTACHMENTS A. Vicinity Map B. Proposed Amendments Town of Vail Page 3 , FORD PARK (Unplafted Parce! �n Northeast Corner of Secfion 8, Township 5, Range 80) . ;.:��: _ ' y.�-t.. ,_ f _ 3 3's -. 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(Hi�ere shov�n, parcel line v�ork is appraximateJ Last Modified February 6, 2012 TOWII OF VAII T: AN UPDATE TO THE FINAL REPORT FORD PARK MANAGEMENT PLAN An Amendment to the Ford Park Master Plan P, � I -�� M�a� ���� --__.: =� �M11�,, l Y' _:: �i ____ . __.� _" . _ .. _ _ _ — yA 1\F "`� T ___ �� �' ~ � '_. _. . �---' —" - � �� � � ' ..,. ... ._ _ � � ' ... .. _ _ "_ .,.r. - . � — . ._. .-__' �•11�� * � . � � - -- — . . _ � � � ���,��y �, =�d�� ��� , r t � ��� ' � �_ .� ^ i ! . �. 4 ` : _"—' � .. _,.yi_�� _ ._ - � � �. � i� �e '�r�'P< ��, r +� _' . i • � �—� /� 3.i +�r�� �� ;. �_.. � .�� � �p � � '� �' �r'�r � ��� ��.�� �-- �' � *-'� "'�,� ,.��� —� �� �..�� � �� �� _ �:� _�. _1.� . .� � 4 — � �� � _. � � _ � ;`� _ * 4���1 .. �'�� • �'� ���✓' � ' r � , ���,..,� , � r � � , � ,,�... -�"°�: ` ?, �' ..,,.v � - . y,,, _ s. } . ._,a:�.�= ,�■ , ..�" � __ �s..y`'".� � �� � �� M �..� � � . �"s a�' � ' ' { '... ! "_[ _ �i R. _ : �*'� �, � � , . ! April 14, 1997 Updated March, 2012 New text added to the Plan is in "red" Text deleted is in "�#�-+keet+�" AN UPDATE TO THE FINAL REPORT FORD PARK MANAGEMENT PLAN An Amendment to the Ford Park Master Plan Prepare for: Town of Vail Department of Public Works Department of Community Development Administration Department Prepared by: Braun Associates, Inc. AECOM Zehren Associates, Inc. Updated March, 2012 Introduction The Ford Park Management Plan herein presented is to serve as an amendment to the 1985 Master Plan for Gerald R. Ford Park. The Ford Park Management Plan contains eight sections. Sections 1- 4 introduce the plan: An executive summary, a history and time line of Ford Park, a description of the management plan process, and a statement of purpose of the management plan. Section 5 is the heart of the management plan: a set of six management goals with accompanying objectives, action steps, and policy statements to provide a framework for future management decisions. Section 6 contains illustrative, conceptual plans and written descriptions which support the various action steps. A 5-Year Capital Improvements Program for Ford Park is presented in Section 7. Section 8 is an appendix containing copies of pertinent legislative and legal documents. In 2012 the Ford Park Management Plan was updated to reflect a handful of relatively minor refinements to improvements planned for the Park. Plans to initiate improvements to the Park were prompted from funding made available by Vail voters in granting the Town approval to re-allocating a portion of Convention Center Funds to Ford Park, The other stakeholders in the Park are also participating in the funding of these improvements. The 2012 update continues the overall direction for the Park established by the 1997 Management Plan and in doing so maintains the role the Park has played in the community for the past 30 years. The 2012 update makes no significant changes to the activities that currently take place in the Park. By way of example, all of the major uses in the Park — athletic fields, passive recreation, the Gerald R. Ford Amphitheater, the Alpine Gardens and tennis remain in place. There are no changes to the six major goal statements or to the related objectives, policy statements and action steps outlined in the 1997 Plan. Refinements to the Plan resulting from the 2012 update are limited to the Illustrative Plan Component of the 1997 Management Plan. The Illustrative Plan Components are conceptual site plan diagrams of improvements suggested for the Park. Many of the park improvements identified by the 2012 Update will implement improvements first identified in the 1997 Plan. These improvements and new improvements not previously contemplated by the 1997 Plan are outlined in Section 6. Ford Park Management Plan Update March 2012 Section 1: Executive Summary The property which is today Gerald R. Ford Park was acquired by the town in 1973 in response to public reaction against a high density residential development proposal. The 39 acre park site represented the last remaining parcel of land central to use by all residents and visitors of the Vail Community. The Vail Plan (1973) described the site as a major community park — cultural center that would satisfy the town's growing recreational and cultural needs. Development of the lower portion of the park was directed by the Gerald R. Ford/ Donovan Park Master Plan (1985). Strong public participation led to the establishment of guidelines for the implementation of future improvements. Upper area improvements, softball fields, tennis courts, and parking areas, were constructed without the benefit of preplanning and subsequently created some barriers to the lower bench, natural areas, and Nature Center. The Vail Village Master Plan (1990) recommended the park be considered as a site for additional skier parking to serve expansion on the eastern side of Vail Mountain. It also recommended the construction of bike/pedestrian ways along the South Frontage Road and Vail Valley Drive. There are currently four main organizations involved in the operation of Ford Park. The Town of Vail, Vail Recreation District, Alpine Garden Foundation, and the Vail Valley Foundation all play distinct roles and manage separate portions of the park. The Town of Vail is the owner of the park and manages the community park, stream tract, and parking lot areas. The other three organizations each hold a lease or license agreement to operate their respective facilities and programs within the park. A proposal by the Alpine Garden Foundation to construct an educational center within the garden area was a significant impetus to the creation of this document. However, several other formal and informal development expansion proposals and numerous unresolved park management issues also existed. The Ford Park Management Plan was created as a means to evaluate development proposals in order to protect and enhance the character of the park. The 1997 Plan was a direct product of strong public participation in focus groups and public input sessions. One clear, concise message was conveyed to the town staff from the public participants: Our role is steward to the park; don't screw it up by over development. To that end, this Plan, serving as an amendment to the 1985 Ford Park Master Plan, was intended to guide the outcome of future development and improvement proposals through the implementation of six major goals: 1. Preservation and protection 2. Reduction of vehicular intrusions Ford Park Management Plan Update March 2012 3. Reduction of conflicts between venues 4. Resolution of parking and Frontage Road access problems 5. Improvement of pedestrian circulation 6. Delineation of financial responsibilities Designed to be a framework for future management decisions, a series of objectives, action steps and policy statements facilitate the implementation of each goal statement. The most recent motivation for initiating improvements to Ford Park evolved from discussions of how to utilize the Town's Conference Center funding. In the Fall of 2011 Vail voters overwhelmingly approved the re-allocation of the $9-plus million Conference Center Funds by an 87 percent margin. As endorsed by the voters, a portion of these funds was to provide funding for improvements to Ford Park, specifically improvements to the Ford Amphitheater, the Alpine Gardens, park-wide pedestrian flow, as well as expansion of the athletic fields and restroom improvements at the Ford Park athletic complex. As a part of this process the 1997 Management Plan was one of the considerations used to define improvements both necessary and appropriate for the Park. Improvements contemplated for the Park are consistent with the goals, objectives, policies and action steps of the 1997 Plan. However, some improvements were new ideas and necessitated some clarification to the Illustrative Site Plan concepts depicted in the 1997 Plan. In response to this the 2012 Update to the Ford Park Management Plan was prepared. Ford Park Stakeholders The Town of Vail is the land owner of Ford Park and plays an active role in the management and operation of the Park. The Town also has lease or other agreements with three other entities that manage and maintain facilities in the Park: • The Vail Recreation District, • The Betty Ford Alpine Gardens, and • The Vail Valley Foundation. Collectively the Town and the Ford Park stakeholders have been working collaboratively on the preparation of improvement plans for the Park and to varying degrees each of the stakeholders are collaborating with the Town by participating in the funding of their respective improvements Ford Park Management Plan Update March 2012 Section 2: Backqround of Ford Park History Gerald R. Ford Park has been the subject of numerous legislative and community planning actions over the last 24 years. The time line at the end of this section illustrates the relationship between the actions discussed in this section. The Ford Park site was acquired by the Town of Vail in April of 1973 for the stated purpose of improving the quality of life in the community. This 39 acre park site represented the last remaining parcel of land central to use by all residents and visitors of the Vail community. The existing conditions plan, which follows this section, illustrates Ford Park in its current condition. Ordinance No. 6, Series of 1973, signed April 3, 1973, (a copy of which is included in the Appendix), authorized the purchase (by condemnation) of the property known as the Antholz Ranch. The ordinance listed a variety of possible uses for the property including the following: • for park and greenbelt purposes, • to preserve the natural and physical character of the area to be condemned, • for bicycle, equestrian and hiking trails, • for children's playground, • for performing arts and civic center, • for a ski lift and related facilities, • for picnic areas, • for recreational facilities such as tennis courts, swimming pools, gymnasium, ice skating rink, • for theater and assembly halls, convention center, public schools, • for possible exchange or trade of condemned land, or a portion thereof, with other property which may exactly meet the needs of the town, and • to construct and maintain water works, transportation systems, and other public utilities relating to public health, safety, and welfare. In August of 1973, the Vail Plan was completed. This plan was designed to control the growth and development of the community and contained a chapter on the town recreation system. The Antholz Ranch property was mentioned as the only site satisfying the recreation use anticipated. In the Vail Plan the uses intended for the property were further defined. The uses listed include a place for showing and creating art, crafts, etc.; an indoor theater as well as an 800 seat outdoor amphitheater; meeting rooms and community workshops; wide outdoor terraces and natural landscapes; indoor ice arena, tennis and handball courts; children's play facilities and space for family activities; headquarters for the Annual Vail Symposium and local television; and a possible location for an ecologium (nature center). The property was described as a major community Ford Park Management Plan Update 4 March 2012 park-cultural center. The plan called for 200 surFace parking spaces and direct service from the town bus system. Major parking needs were to be accommodated in the Vail Transportation Center with various trails and bikeways connecting to the park. In January of 1977, Resolution No. 1, Series of 1977, was passed naming the property commonly known as the Antholz Ranch as Gerald R. Ford Park in appreciation of President Ford's contributions to the community. Resolution No. 1, Series of 1977 is included in the Appendix. In August of 1985 the Gerald R. Ford Park and Donovan Park Master Plan Development Final Report was completed. The Ford Park Master Plan was adopted by Council with Resolution No. 19, Series of 1985, which is included in the Appendix. The purpose of the master plan was to guide the future development of these parks and establish guidelines for the implementation of improvements. The master planning project used a Recreation Needs Analysis Survey and involvement of the public in determining the recreation priorities of the community and the design concepts and criteria for the two park sites. The Ford Park master plan proposed a swimming pool complex, neighborhood park improvements, a skating rink on the lower bench, and the realignment of the eastern softball field. The neighborhood park open space area, playground, and access road were the only portions of the master plan actually constructed. The first major structure to be constructed in the park, the Gerald R. Ford Amphitheater, was completed in July of 1987. The Parking and Transit Study completed in April of 1979 for the Amphitheater made five recommendations: The Village Structure should be considered the major parking facility for Ford Park, with improvements to the signs, sidewalks, and bus service being necessary; extend shuttle bus service to the soccer field; disallow Frontage Road parking; construct a vehicle turn-around and passenger unloading area at Ford Park; and do not schedule concurrent events. Resolution No. 27, Series of 1987, was passed on November 3, 1987. Resolution 27 designated the seven acres around the Nature Center as an area to be preserved as an example of the Gore Valley's natural history. Vehicular traffic was restricted and certain policies and procedures for preservation and maintenance of the grounds and facilities were established with the resolution. A copy of resolution No. 27, Series of 1987, is included in the Appendix. Development of the community park portion on the lower bench of Ford Park included the restroom, playground area, open turf area and picnic facilities, and the west access road. These improvements were completed in November of 1988. In December of 1988, the Vail Metropolitan Recreation District (Now the Vail Recreation District) and the Town of Vail, requested an amendment to the 1985 Ford Park Management Plan Update 5 March 2012 Ford Park Master Plan. The two phase amendment was adopted by Council as Resolution No. 44, Series of 1988. A copy of the resolution is included in the appendix. Phase one of the amendment was to utilize the on-site tennis courts and allow the construction of four additional courts. Phase two of the amendment changed the proposed location of the Aquatic Facility to the eastern softball field. Funding of the Aquatic Facility was rejected by voters in a special election on February 6, 1989. Vail Town Council was presented with a petition to delete all reference to an aquatics center from the Ford Park Master Plan in April of 1990. No record of Council action on the petition was found. While the tennis center building is not mentioned in the Master plan amendment, the VRD did receive a Conditional Use Permit for the project on May 8, 1990. The Vail Village Master Plan, adopted January 16, 1990, addresses Ford Park as a specific study area. This study acknowledges the use of the park in recent years to accommodate overFlow skier and local parking needs. It recommends the park be studied further as a site for additional skier parking to serve expansion of the eastern side of Vail Mountain. Action Step #5 under Goal #5 states "study the feasibility of an underground (recreation fields would remain) parking structure in Ford Park". The Parking and Circulation Plan, within the Vail Village Master Plan, identifies the western portion of the upper bench for a potential parking beneath park, and calls for separated bike/pedestrian ways along the South Frontage Road and Vail Valley Drive. The Vail Transportation Master Plan, completed in 1993, states, the existing Ford Park Parking area (east end of park) should be considered for a possible 2- level parking facility with the second level below existing grade. Ford Park and the athletic field parking area are also listed as two possible sites for oversized vehicles if the lot east of the Lionshead Structure becomes developed. Current Park Management There are currently four main organizations operating in Gerald R. Ford Park. The Town of Vail, Vail Recreation District, Alpine Garden Foundation, and the Vail Valley Foundation all play distinct roles and manage separate portions of the park. The Town of Vail is the owner of the entire Gerald R. Ford Park site and manages the community park, stream tract, and parking lot areas. The other three organizations each hold a lease or license agreement to operate their respective facilities and programs within the park. The Vail Recreation District Lease of December 21, 1993, describes the premises license as including the upper bench of Ford Park, public tennis courts, athletic fields and Nature Center, although the graphic representation of the premises was not attached to the lease agreement. The VRD offers a variety of sports leagues, camps, and tournaments to area residents and guests. The Vail Nature Center occupies the seven acres between Vail Valley Drive and Gore Creek and offers environmental education and research opportunities to Ford Park Management Plan Update March 2012 residents and guests. While officially a public parking lot, Vail Associates frequently utilizes the athletic field parking lot for employees working out of the Golden peak ski base. A copy of the Vail Recreation District lease is included in the Appendix. The Vail Valley Foundation, (VVF), a non-profit, charitable organization, manages and maintains the Ford Amphitheater and immediate grounds. The terms of the agreement between the Town and the VVF, signed December 8, 1987, and extended to October 31, 2001; include an endowment for ongoing repair and maintenance of the Amphitheater. The amphitheater seats up to 2,500 people and is scheduled an average of 58 days during the summer. Hot Summer Nights concerts, Bravo! Colorado, and the Bolshoi Ballet are some of the more popular programs held at the amphitheater. The Vail Alpine Garden Foundation, a Colorado non-profit corporation, manages the three existing phases of the Betty Ford Alpine Garden under a Limited License Agreement signed June 8, 1994. The terms and conditions of a Lease Agreement are currently being negotiated. The original Alpine Display Garden was constructed in 1987 under a license agreement with the Town at the entrance to the amphitheater. The site for the Alpine Garden was established in the 1985 Ford Park Master Plan to act as a buffer between the amphitheater and active park areas. The second phase of the garden, the Perennial Garden, and third phase, the Meditation Garden, were constructed in 1989 and 1991 respectively. A fourth and final phase, the Alpine Rock Garden, is currently being planned for construction in 1998. A proposal by the Alpine Garden Foundation to construct an Educational Center with the final phase of the garden has been controversial. Opposition to the expanded use of the garden and the interior of park has been a significant impetus to the creation of this master plan amendment. In response to that opposition, the Vail Alpine Garden Foundation modified the proposal to locate the Educational Center near the athletic field parking lot on Vail Valley Drive. This location received conceptual approval by the Council on October 15, 1996, allowing the Foundation to proceed through the design process within the Town. The lower bench of Ford Park is managed by the Town of Vail Department of Public Works and Transportation and serves as a community park and open space facility with picnic, playground and open play areas. The lower bench is utilized several times a year for special events where large tents are often erected to accommodate the activities. Access to the park from the Golden Peak ski base is by a public access easement through the Manor Vail property. A copy of the easement is included in the Appendix. The Town operates the upper bench parking lot as a public parking facility during the ski season. Access to the upper bench parking areas is from the State owned South Frontage Road. The Colorado Department of Transportation (CDOT) is the agency responsible for reviewing and approving access permit applications from the State-owned Frontage Road. Currently, no access permit has been issued for the access by Ford Park Management Plan Update 7 March 2012 the CDOT. CDOT Frontage Road right-of-way covers a substantial portion of the existing gravel parking lot. Time Line of Ford Park Activities April 1973 Condemnation of Antholz Ranch. Ordinance 6, 1973 August 1973 Completion of Vail Plan. January 1977 Antholtz Ranch named Gerald R. Ford Park. Resolution 1, 1977 August 1985 Completion of Ford/Donovan Park Masterplan. Resolution 19,1985 July 1987 Amphitheater construction complete August 1987 Alpine Demonstration Garden complete. November 1987 Preservation of Nature Center. Resolution 27, 1987 December 1987 Vail Valley Foundation lease signed. November 1988 Lower Bench improvements complete. December 1988 Masterplan amendment by VRD. Resolution 44, 1988 December 1988 Service agreement with VRD. Resolution 46, 1988 May 1989 Tennis Center receives Conditional Use Permit. July 1989 January 1990 February 1990 April 1990 May 1990 June1991 April 1993 Alpine Perennial Garden complete. Completion of Vail Village Masterplan. Aquatic Center rejected by voters in special election. Council petitioned to delete Aquatic Center from Masterplan. Tennis Center construction complete. Alpine Meditation Garden complete. Completion of Vail Transportation Master Plan. Ford Park Management Plan Update 8 March 2012 December 1993 June1994 June1995 Vail Recreation District agreement renewed. Vail Alpine Garden Foundation license agreement signed. Town begins Ford Park Management Plan. October 1996 Council allows Vail Alpine Garden Foundation to proceed through process with Educational Center plans at Soccer Field parking lot. April 1997 1999 November 2011 Ford Park Management Plan adopted. Lease with Vail Valley Foundation renewed. Voters approve use of Conference Center Funding for Ford Park Improvements Ford Park Management Plan Update March 2012 Section 3: Process of Developing the Management Plan The Ford Park Management Plan process was initiated in June of 1995 in response to several development proposals which had been formally and informally discussed and as a means to solve existing park management issues. The development proposals included an Educational Center for the Betty Ford Alpine Garden, cultural/performing arts center, expansion of the tennis facility, athletic field fencing, and a community parking structure. Park management issues included parking shortage, frontage road access, pedestrian access and circulation, access for the elderly and disabled, utilization of the lower bench, conflicts between uses within the park, conflicts with adjacent property owners, and delineation of financial responsibilities. At the time the project was authorized Council expressed concern that a new master plan for Ford Park would result in an excessive amount of new development. In response, staff noted the intention of the project was to create a management plan as a means to adequately and consistently evaluate development proposals, thus limiting development and protecting the character of the park. Those organizations with a financial and managerial role along, with two neighborhood representatives, were identified as the Stakeholder Group and were invited to participate in the process. A third party facilitator was retained for the project in August of 1995. Staff members from the Town, Vail Recreation District and Alpine Garden participated in the facilitator selection process. Staff felt that a third-party facilitator would be beneficial to the project by offering a non-biased opinion and increasing Stakeholder participation. The Stakeholder Group was assembled in a series of ineetings over the eight month period from August 1995 to April 1996. The meetings drew out issues, ideas, expansion proposals, and began formulating possible solutions. Alternative design solutions addressing parking options, vehicular access, Frontage Road improvements, additional sports facilities and management policies, were presented to the public in an open house at the Gerald R. Ford Amphitheater on June 12, 1996. Citizens were asked to complete a self-guided presentation and opinion survey form. A synopsis of the open house presentation and summary of the opinion survey are included in the Appendix. The open house presentation was a turning point in the process of developing the Management Plan. Several residents were alarmed by the alternatives included in the presentation and initiated a grass-roots movement to place a referendum on any future expansion/development within the park. This strong public reaction, combined with a lack of closure with the Stakeholders Group, prompted the Town to revise the process to include more public involvement at that time. Previously, public input was being reserved for a time when alternative plans could be presented for comment. Three Focus Group meetings with selected individuals from the community were held on September 18, 1996. Stakeholder groups were invited to submit a list of questions for inclusion in the Ford Park Management Plan Update 10 March 2012 Focus Group discussions. In round table discussion, individuals were asked to respond to a list of prepared questions regarding uses and issues associated with Ford Park. The Focus Group questions and responses are included in the Appendix. Additional public input sessions were held on October 2 and 3, 1996, which validated the focus group responses and further refined staff's understanding of the public perception and desires regarding Ford Park. The combined results of the focus group and public input sessions along with a preliminary master plan framework were presented to the Planning and Environmental Commission on October 14, 1996, and Town Council on October 15, 1996. Both PEC and Council directed staff to proceed with drafting the plan as an amendment to the 1985 Ford Park Master Plan based on the input received and presented. Ford Park Management Plan Update 11 March 2012 Section 4: Purpose of the Management Plan This document is formatted as an amendment to the 1985 Master plan (revised) for Ford Park. While some of the physical aspects of the park have changed since the adoption of the 1985 Master plan, the essential character, concept, and function of the park have remained consistent. The 1985 Master Plan, enhanced by this amendment, remains a valid document to be used in the future planning and decision-making process for Ford Park. As with all master plans, this document will have a definite life for which it remains a useful decision-making tool. The life expectancy of this plan is approximately 10 years but should remain in effect until replaced by an updated master plan document. The Ford Park Management Plan will take precedence over the 1985 Master Plan where conflicts or discrepancies occur. The intention of the combined documents is to guide the outcome of future development proposals within Ford Park by modifying the permitted uses (1973 acquisition legislation), recommending development guidelines, limiting the number of leaseholders within Ford Park, and designating buffer/protection zones within and adjacent to the park. The 1985 Master Plan acknowledges some shortcomings in the overall design of the park, particularly the layout of the upper bench area and the internal pedestrian circulation system. This amendment will formulate design alternatives to these specific problem areas to correct the deficiencies that exist. This amendment will also delineate managerial, operational, and financial responsibilities between the Town and the leaseholders. As outlined above, the 2012 update to the 1997 Management Plan furthers the overall direction for the Park established by the 1997 Plan and in doing so maintains the role the Park has played in the community for the past 30 years. Specifically, the 2012 Update suggests few significant changes to the overall level of development and activities that take place in the Park. In addition, many of the improvements identified in the 2012 Update were originally proposed in the '97 Plan. Most importantly all improvements proposed in Section 6: Illustrative Plan Components are in keeping with the goals, objectives and policies of the Management Plan. By way of example: Objective 1.3: Designate Preservation Zones within Ford Park to protect sensitive natural areas and/or buffer zones between venues areas from developmental impacts. Define allowed uses within Preservation Zone areas. Response — The Illustrative Plan now depicts a Preservation Zone. Policy Statement 3: The existing variety of uses and facilities in the Park will be preserved. The Town will not enter into a lease agreement with any party that does not currently hold such an agreement, hereby maintaining current Ford Park Management Plan Update 12 March 2012 leaseholder status to: Vail Valley Foundation, Vail Alpine Garden Foundation, and Vail Recreation District, or their successors. Response — No new users are contemplated by the 2012 Management Plan. Policy Statement 2: New or changed facilities or uses will not be permitted to curtail existing public uses of facilities in the Park unless there is either a compelling public interest or adequate alternative facilities are available to its users. All functions in the park shall be maintained and function at a high quality level. Response — Improvements proposed by the Illustrative Plan do not curtail existing public uses of facilities. Objective 2.1: Reduce the demand for vehicular intrusions into the park. Action Step 2.1.1: Provide additional on-site storage facilities within the Amphitheater, Alpine Garden and Recreation District areas to reduce and control the frequency of delivery and service vehicle intrusions into the park. Action Step 2.1.2: Improve traffic gate operations and restrictions on both the east and west access roads to eliminate unnecessary and unauthorized vehicular intrusions into the park. Action Step 2.1.3: Construct a central trash collection facility, accessible from the South Frontage Road, to be used by all leaseholders within the park for the disposal of trash, landscape debris, and recyclables. Response — Each of the action steps listed above are addressed by improvements suggested by the Illustrative Plan. Objective 2.2: Reduce the conflicts between vehicles and park users. Action Step 2.2.1: Coordinate delivery schedules to reduce the frequency of delivery and service vehicle intrusions into the park during peak use time periods. Action Step 2.2.2: Improve loading dock facilities in the Amphitheater to expedite the unloading and setup for performances and to reduce the need for large vehicle parking outside of the Amphitheater area. Action Step 2.2.3: Improve the configuration of the east access road to allow use by large delivery vehicles, thus reducing the overall number of Ford Park Management Plan Update 13 March 2012 trips on the west access road and the need for the backing and turning of large vehicles on the lower bench of the park. Response — Improvements suggested in the Illustrative Plan response to each of the Action Steps outlined above. Objective 5.2: Improve pedestrian routes to Ford Park. Action Step 5.2.1: Design improvements to existing pedestrian routes that will correct grading, surfacing, and lighting and will provide resting and sitting areas. Objective 5.3: Improve internal pedestrian circulation within Ford Park. Action Step 5.3.1: Design a central pedestrian path to enhance the connection between the upper and lower bench areas of the park. Response — A variety of planned improvements to pedestrianization circulation and design are identified by the Illustrative Plan. The points above are not intended to be an all inclusive assessment of how the updated Illustrative Plan conforms to the goals, objectives, policies and action steps outlined in this Plan. They are, however a representative indication of how the underlying intentions of the '97 Plan are continued by this Update. Ford Park Management Plan Update 14 March 2012 Section 5: Goals, Objectives, Policies and Action Steps Goals for Ford Park are summarized in six major goal statements. Each goal statement focuses on a particular aspect of Ford Park brought up during the stakeholder and public input portions of the Management Plan process. As one might anticipate, there is a certain amount of overlap between the goal statements. The issues concerning Ford Park are complicated and convoluted as are the solutions to these issues. It is intended that the goal statements be consistent and complementary to each other and be designed to provide a framework, or direction, for the future management of Ford Park. A series of objectives following each goal statement outline specific steps that can be taken toward achieving each stated goal. Policy statements are intended to guide decision-making in achieving each of the stated objectives in reviewing development proposals and implementing capital improvement projects. Action steps are the final measure in implementing the goal statements. Illustrative plans following the Goals, Objective, and Action Steps are included to help explain the concepts represented by those statements. The illustrations are conceptual and are not to be considered as final design solutions. Goal #1: Preserve and protect Ford Park. Objective 1.1: Limit future development. Action Step 1.1.1: Draft a new ordinance to exclude those uses listed in Ordinance No.6, Series of 1973, now considered to be inappropriate, and to redefine the allowable uses within Ford Park. Policy Statement 1: The following uses that are allowed and prohibited for Ford Park shall take precedence over Section 18.36.030 of the Municipal Code concerning the General Use Zone District. Allowed Uses Park and greenbelt Bicycle and hiking trails Children's playground Outdoor amphitheater Botanical gardens Environmental, educational, and historical centers Picnic areas Recreation and athletic facilities Transportation systems and other public utility easements Parking Administrative offices Ford Park Management Plan Update 15 March 2012 Prohibited uses Ski lift and related facilities Exchange or trade Civic center, convention/conference center, public schools, gymnasium, and assembly hall Swimming pools Equestrian trails Type III and IV employee housing Policy Statement 2: New or changed facilities or uses will not be permitted to curtail existing public uses of facilities in the Park unless there is either a compelling public interest or adequate alternative facilities are available to its users. All functions in the park shall be maintained and function at a high quality level. Action Step 1.1.2: Create and attach plan sheets which outline lease areas, referred to as Exhibit A in the Vail Recreation District lease agreement and Exhibit B in the Vail Valley Foundation lease agreement, but which were never attached. Policy Statement 3: The existing variety of uses and facilities in the Park will be preserved. The Town will not enter into a lease agreement with any party that does not currently hold such an agreement, hereby maintaining current leaseholder status to: Vail Valley Foundation, Vail Alpine Garden Foundation, and Vail Recreation District, or their successors. Objective 1.2: Refine criteria for evaluating future development proposals. Action Step 1.2.1: Update the Design Criteria and Site Guidelines included in the 1985 Ford Park Master Plan by: a) Creating additional development guidelines for underground, low visual impact type structures, enhanced landscaping, and full and complete impact mitigation. b) Enforcing existing criteria and guidelines to solve and/or avoid problems associated with development projects within Ford Park. Objective 1.3: Designate Preservation Zones within Ford Park to protect sensitive natural areas and/or buffer zones between venues areas from developmental impacts. Define allowed uses within Preservation Zone areas. Action Step 1.3.1: Define criteria for designating Preservation Zones and their uses within Ford Park. For example, significant native vegetation, wildlife habitat, and wetlands may be criteria for designating sensitive Ford Park Management Plan Update 16 March 2012 natural areas, while grade separations and dense landscape plantings may be criteria for designating sensitive buffer zones. Action Step 1.3.2: Delineate Preservation Zones within Ford Park. Policy Statement 4: All proposed development projects shall be reviewed for compliance with Design Criteria and Site Guidelines, as well as other Town regulations, and shall be additionally judged according to the recreational, educational or social benefit they bring to the community. Policy Statement 5: Functions that do not maintain high standards of quality or that diminish the experience of park users, will not be permitted. Policy Statement 6: The historic qualities and natural character of the Nature Center are to be maintained. Objective 1.4: Enhance use and preservation of the Historic School House. Action Step 1.4.1: Negotiate a contract with the Vail Alpine Garden Foundation to open the School House for public visitation and to perform preservation activities of photographs and artifacts. Action Step 1.4.2: Make physical improvements to the school house to enhance lighting, public access and viewing areas. Goal #2: Reduce vehicular intrusions in, and their impact on, the park. Objective 2.1: Reduce the demand for vehicular intrusions into the park. Action Step 2.1.1: Provide additional on-site storage facilities within the Amphitheater, Alpine Garden and Recreation District areas to reduce and control the frequency of delivery and service vehicle intrusions into the park. Action Step 2.1.2: Improve traffic gate operations and restrictions on both the east and west access roads to eliminate unnecessary and unauthorized vehicular intrusions into the park. Action Step 2.1.3: Construct a central trash collection facility, accessible from the South Frontage Road, to be used by all leaseholders within the park for the disposal of trash, landscape debris, and recyclables. Policy Statement 7: Vehicular encroachment into the park will be minimized. The only vehicular uses allowed in the park are for: maintenance; delivery of Ford Park Management Plan Update 17 March 2012 goods and materials too large or heavy to be carried by non-motorized means; access for people with disabilities limited mobility; public transportation; and emergency services. Objective 2.2: Reduce the conflicts between vehicles and park users. Action Step 2.2.1: Coordinate delivery schedules to reduce the frequency of delivery and service vehicle intrusions into the park during peak use time periods. Action Step 2.2.2: Improve loading dock facilities in the Amphitheater to expedite the unloading and setup for perFormances and to reduce the need for large vehicle parking outside of the Amphitheater area. Action Step 2.2.3: Improve the configuration of the east access road to allow use by large delivery vehicles, thus reducing the overall number of trips on the west access road and the need for the backing and turning of large vehicles on the lower bench of the park. Goal #3: Reduce conflicts between all Ford Park venues. Objective 3.1: Coordinate events on all Ford Park venues. Action Step 3.1.1: Expand the master schedule kept by the Town Clerk to include all venues within the park. Action Step 3.1.2: Hold preseason and monthly event/activity coordination meetings. Action Step 3.1.3: Hold semiannual (2x per year) coordination and input meetings with the Town Administrators, leaseholder representatives, and neighborhood and adjacent property owner representatives. Policy Statement 8: Overlapping or simultaneous events that exceed the available community parking or other park infrastructure shall be discouraged. Policy Statement 9: No one event or type of use will be allowed to dominate the usage of the Park. Policy Statement 10: The Park is a Town of Vail community facility and in the case of conflicting uses, functions that best serve the interests of the community will have the highest priority. In all cases, final decisions regarding the Park rest with the Vail Town Manager. Ford Park Management Plan Update 18 March 2012 Policy Statement 11: The day-to-day management and coordination of activities in the Park will be assigned to the Park Superintendent. The Park Superintendent will coordinate as necessary with a representative of: The Town of Vail The Vail Valley Foundation The Alpine Garden The Vail Recreation District Objective 3.2: Improve buffers between different use areas within the park. Action Step 3.2.1: Enhance the buffer zone between the softball fields and the amphitheater and gardens by reversing the orientation of the center and east softball fields. Action Step 3.2.2: Enhance existing and new buffer zone areas through the addition of landscape planting. Goal #4: Resolve parking and South Frontage Road access problems. Objective 4.1: Develop and implement a parking management plan for Ford Park. Action Step 4.1.1: Locate a variable message sign between the main roundabout and entrance to Village Structure for the purpose of informing drivers that close-in parking at Ford Park is restricted, at a fee, or full, and parking in the VTC is free and shuttle bus service is available. Action Step 4.1.2: Schedule shuttle bus service from top deck of the Village Structure to Ford Park Frontage Road stop for special event/high demand days. Extend in-town shuttle bus service to Ford Park Vail Valley Drive stop. Action Step 4.1.3: Designate drop-off parking from Frontage Road using 15 spaces north of bus stop. Enforce 5 minute time limit. Drop-off lane functions as a turn around once lot is filled. Schedule attendants on-site to manage drop-off spaces and assist users in loading and unloading. Action Step 4.1.4: Allocate close-in parking on Frontage Road and Vail Valley Drive through reserve ticket purchases or on a fee basis. Parking attendants on-site to manage entrances and exits. Establish a ticket surcharge or parking fee price schedule which will generate sufficient funds to cover attendant and shuttle bus service costs. Fee parking is to be in effect for high-parking demand days only. Ford Park Management Plan Update 19 March 2012 Action Step 4.1.5: Construct Frontage Road sidewalk from the Village Structure and improve sign system as necessary to accommodate pedestrian traffic to Ford Park. Policy Statement 12: Adequate parking for the needs of the park are to be provided in the park and at the Village Structure. Objective 4.2: Improve vehicular access from the South Frontage Road and improve parking lot design to maximize the number of parking spaces, aesthetics, and safety while mitigating environmental impacts. Action Step 4.2.1: Design and construct improvements to the South Frontage Road to meet CDOT requirements for obtaining a state highway access permit. Action Step 4.2.2: Design and construct improvements to all existing parking areas that maximize the number of parking spaces; provide landscape buffering and treatment of storm water run-off. Goal #5: Improve internal pedestrian circulation within Ford Park and the pedestrian connections between Ford Park and Vail Village. Objective 5.1: Improve directional and informational signs to and within Ford Park. Action Step 5.1.1: Develop a comprehensive sign plan to direct Ford Park visitors from central sites in the Vail Village and from each level of the Village Parking Structure to destinations within Ford Park. Objective 5.2: Improve pedestrian routes to Ford Park. Action Step 5.2.1: Design improvements to existing pedestrian routes that will correct grading, surFacing, and lighting and will provide resting and sitting areas. Objective 5.3: Improve internal pedestrian circulation within Ford Park. Action Step 5.3.1: Design a central pedestrian path to enhance the connection between the upper and lower bench areas of the park. Policy Statement 14: Any uses added to Ford Park in the future shall be structured to encourage users or participants to walk or ride the bus rather than drive. Ford Park Management Plan Update 20 March 2012 Policy Statement 15: Pedestrian access to the Park from the Vail Village should be easy and visible. The Park shall be as pedestrian-friendly as possible. Goal #6: Delineate financial responsibilities among Ford Park leaseholders and the Town of Vail. Objective 6.1: Formalize existing division of facility management/operation costs. Action Step 6.1.1: Research current lease, license and use agreements for delineation of financial responsibilities. Action Step 6.1.2: Correct inequities in utility billing procedures and distribution systems, current utility use, and payment relationships. Policy Statement 16: All Ford Park leaseholders and the Town of Vail shall be required to share in common operating costs that benefit the whole park facility and as outlined in current lease or license agreements. These include but are not limited to, electrical charges for pedestrian path and parking lot lighting, trash removal charges, and regular parking lot and pedestrian path maintenance costs. Objective 6.2: Create a cost-sharing agreement for Capital Improvement costs. Action Step 6.2.1: Create a five year capital improvements program for Ford Park. Action Step 6.2.2: Establish the benefit/cost relationship for capital projects to determine appropriate cost sharing agreements. Policy Statement 17: Ford Park leaseholders and the Town of Vail desiring to make capital improvements within their respective lease areas shall be required to provide funding for those improvements and for subsequent modifications to those areas outside of the lease area caused by those improvements. Policy Statement 18: Services, functions, and programs provided by Ford Park leaseholders, by bringing visitors to the community, generate sales tax revenues which contribute General Fund funding sources. Residents of the community which participate in those programs, contribute to the Real Estate Transfer Tax funding source through real estate transactions. Both of these funding sources can be utilized by the Town of Vail to pay for capital projects and improvements within Ford Park, reducing the need for contributions from the leaseholders. Ford Park Management Plan Update 21 March 2012 Section 6: Illustrative Plan Components . .. .. , . ._ . . , . � �- � _. ' - � �- �- �. � � .� � '- � .� � . • � . �. � �. ■ `� en�� I lfi ol i�l � r� r! !` i rn. . lucfv "�i-r-� v'cr' ca.°--�i'„i-rr�vrcnT°a.--�i+r.cr. .� � 3�llTT: ■TC RS"�G1:Il :t11l7:ES� 7 T1�1.1:T.' �I��RS'�i�tS� !].ET.' �T.�i riV.''SL'7, T7: ■:ES� . . � �� .� �•�� � i r�rr�r. �:r. ■ �:� -_ . Ford Park Management Plan Update 22 March 2012 Chsef 4� Q��c Ct�r� / I�A�in Cr�4r�n�e Irv�r�r��ierr�en�Fc �71fS`�7d71:SLT.T7!7'ET.'■ . � � ' ■- ■� �. ■_ ■ .. .� �� � �� � � � � � .`�y�;.. � �:7:7�S�f'SS!T'TSS�/.T.7 � - :E�:11l.��l�RI':ts . . i ._ • � � �� � .� ��7T.SlSL1 i �f'L'Td7 �:T�T.Tl�Rw � � � Choo4 �.. nn�.,,,.- \/�il Cr�4r�r�i+e Irv�r�r��ierv�sn4c Ford Park Management Plan Update 23 March 2012 II � � � � ■ 11 11 � 1l I I 1 I � � � 1 1 � � 1 � � •� �� � � 1 . \ . � 1 �' J � This section contains site plan diagrams that illustrate conceptual plans for the Park. The Ford Park Illustrative Plan provided herein replaces site plans from the 1997 Ford Park Management Plan. This new plan reflects many of the same improvements contemplated by the 1997 Plan, but also includes a few improvements not previously contemplated. Concepts depicted on the Illustrative Plan are considered to be appropriate improvements and activities for the Park. However, all improvements are subject to further review by the Town (Conditional Use Permit, Development Plan review, DRB review) prior to being Ford Park Management Plan Update 24 March 2012 implemented. In some cases the description of improvements provided below include parameters or considerations that should be addressed during detailed design and as a part of subsequent review by the Town. Brief descriptions of improvements depicted on the Illustrative Plan for Ford Park, and when appropriate enlargements of such improvements, are provided below. It should also be understood that the site plan depicting these improvements is done at a very general, conceptual level. This plan is intended to illustrate concepts only and improvements depicted on this Plan will be refined as designs progress. As such final designs may vary from what is depicted on this generalized plan. Prior to the implementation of any improvements in Ford Park additional design details will be provided for review by the Town as a part of the Planning Commission's review of a Development Plan (as part of a Conditional Use Process) and/ or as a part of the Design Review Board review process. The Illustrative Plan provides a comprehensive depiction of improvements contemplated for Ford Park. This does not mean however, that only those improvements depicted on this plan may be made. Improvements not depicted on the Illustrative Plan may be proposed provided they are consistent with the overall goals for the Park and with applicable objectives, policy statements and action steps outlined in the Management Plan. It should also be understood that the improvements being depicted on the Illustrative Plan does not ensure if or when they will be implemented. In many respects the Illustrative Plan is a vision for how the Park may be developed and not a commitment to any specific improvement. Ford Park Management Plan Update 25 March 2012 Implemented Improvements from 1997 Illustrative Plan A number of improvements proposed by the 1997 Plan have been implemented. These improvements are listed below: 1. Reduce width of road entrance from South Frontage Road; install an automated traffic control gate. 2. Construct 12' concrete pedestrian/bike path along south edge of roadway from Vail Valley Drive to the West Access Road entrance. 3. Extend pedestrian/bike path beyond West Access Road as 10' detached pathway. Widen path between softball infields and extend beyond the Tennis Center to the proposed main park entrance. 4. A central trash enclosure is shown at the southwest corner of the parking lot. 5. Increase the deck height of the Manor Vail covered bridge by approximately 4'. 6. Widen South Frontage Road to provide 6' bike lanes on each side. 2012 Ford Park Illustrative Plan The Ford Park Illustrative Plan is found on the following page. Subsequent pages provide descriptions of specific improvements identified on each enlargement sheet of the Illustrative Plan. These improvements are present by "topical" category (i.e. pedestrianization), location (i.e. the lower bench area) or major user (i.e. the Amphitheater or the athletic fields). Refer to the Illustrative Plan when reviewing these descriptions for a graphic depict of the improvement and the surrounding context. When appropriate an enlarged section of the Illustrative Plan is provided in the context of narrative descriptions. Ford Park Management Plan Update 26 March 2012 �-- � �% � o ' ;���. w o ���', ��`^ . ,. 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'� � ��, � ` I � �' �� r� �',y'`� •.Ati • . �!+ . � �;. ,, -'�`�'�� �� .>; / � , � �� / ,-� � ,� ��� , � ,,,,,,�,,= ;/_ ���3 - , a�' . � � =.+"Hj�.W ;' � € g �'ll�:' , � __� � � 0 �i�_i,�� � j� i�j� r- n /AA �a " � L ty � . , 1 i %';I ` `� � I '%, I �`• � / ! ; 3-' x�� ' `� � I i'� �:' ''���' 6 ! . �`q��� i���. �.� �_. . E3 � ''� v [� ��� r ' . � I' . �i � I - � .-- � Ford Park Management Plan Update March 2012 27 Preservation Zone One of the objectives the 1997 Plan was to: Designate Preservation Zones within Ford Park to protect sensitive natural areas and/or buffer zones between venues areas from developmental impacts. Define allowed uses within Preservation Zone areas. A Preservation Zone is identified on the Ford Park Illustrative Plan. This zone primarily includes the Gore Creek Corridor and the 7 acre Nature Center area located south of Gore Creek. Within the preservation zone it is intended that existing uses and buildings can be maintained and that no new uses or buildings inconsistent with the preservation of these areas is to occur. Low-impact improvements such as soft surface walking paths, fishing access, etc. along with utility improvements, drainage improvements, creek crossings, creek restoration projects and similar activities may be initiated within the Preservation Zone. Fisherman access to Gore Creek, while currently not an issue (i.e. excessive use resulting in riparian area degradation), could become an issue in the future. A creek access point was considered at the east end of the Nature Center (using the bus turnaround as an unloading area) but was rejected as contradictory to the intended use of the Nature Center. A defined creek access point is now being considered above Ford Park in the vicinity of the Pulis Bridge. Some improvements to the Park are contemplated adjacent to the Preservation Zone, notably the potential widening of Betty Ford Way. If the widening of this road is pursued, great care and attention to design and construction will be necessary in order to protect Gore Creek. Best management practices (BMP's) will be essential in controlling runoff, erosion, debris, etc. that would otherwise harm the creek. Pedestrianization/Park Arrival Ford Park has two distinct areas — the upper bench which has an athletic focus and the lower bench which has more of an arts and cultural focus. Access to the Park is provided by one of six portals, each with their own unique purpose and characteristics. These portals are identified on the Ford Park Illustrative Plan. Improvements are contemplated for a number of these portals, many of which originate outside the actual boundary of the Park. One improvement contemplated for each portal is to introduce a distinctive monument or identification feature to identify access to Ford Park. For example, the Gore Ford Park Management Plan Update 28 March 2012 Creek Trail provides access for people who park in the Village Parking Structure. An identification feature where the trail begins east of Vail Valley Drive could help people find their way to the Park. These features would signal the beginning of one's "entry" to Ford Park with "arrival" coming when one reaches the Park. While the design of individual identification features may vary, a common design character for all features should be used in order to create continuity and consistency in how the Park is identified. • Manor Vail Entry at Vail Valley Drive — A pedestrian easement is in place that provides pedestrian access from Vail Valley Drive to the Covered Bridge. An identification feature should be considered at this location, the design of which would need to be coordinated with Manor Vail. • Gore Creek Streamwalk — This tranquil trail provides access for many who park at the Village Parking Structure. An identification feature should be installed at Vail Valley Drive. Efforts should be made to lessen the grade of this trail behind the Wren Condominiums. This could be accomplished by re-grading the trail and installing necessary retaining walls bringing the grade down from +/-15% to +/-9%. Another alternative could be to re- align the trail immediately adjacent to the Park in a manner that would contour across the hillside and eliminate the trail from "going up to only come down". • Frontage Road Sidewalk — This functional trail provides direct access to the Park from the Village Parking Structure. An identification feature should be considered at the intersection of the Frontage Road and Vail Valley Drive. • VV Drive/Soccer Field - During performances and special events buses are added to the town's system and their route is extended to the turnaround at the east end of the Soccer Field in order to serve this portal (topography and roadway width prevent the development of a bus turnaround closer to this portal). An identification feature should be considered at the intersection of the Frontage Road and Vail Valley Drive. • Frontage Road/Transit Stop — A new transit stop will provide access to an improved pedestrian corridor that leads into the Park and to the lower bench. An identification feature, along with identification of access to the tennis center should be considered where this corridor begins. • Frontage Road/Parking Area — East Betty Ford Way is the primary access to the lower bench from the parking area. As discussed below, this corridor may serve the dual purpose of providing pedestrian access and service/delivery access to the Amphitheater. This would be done by widening the existing route to approximately 13'. Pedestrian overlooks to Gore Creek along this route should be considered, both for aesthetic Ford Park Management Plan Update 29 March 2012 purposes and to provide pedestrians a safe location to stand at times service trucks may be using this route. An identification feature, along with identification of access to the tennis center should be considered where this corridor begins at the west end of the parking area. Shuttle During events at the Amphitheater golf cart shuttles are utilized for moving people to and from the venue. The idea of creating a similar system to provide shuttle service to general park users throughout the summer months is under consideration. The purpose of this shuttle is two-fold - one is to provide the shuttles as a guest service and the other to provide alternative access into the Park for elderly or disabled guests. With regard to the later, the shuttle system could allow for the removal of disabled parking spaces at the Amphitheater and in doing so reduce car trips into the Park. Frontaqe Road Entry/Parkinq/Transit Existing transit and parking facilities along the Frontage Road are ill-defined and in many respects do not function well. For example, vehicle access points to parking areas are unclear and buses are not adequately segregated from private vehicles. While it is likely that more people enter the Park via pedestrian routes from the west and south, many guests do access the Park from this area via buses from the Frontage Road transit stop and from parking areas. A number of improvements are planned in order to improve both the appearance and function of this area: � -�— ��— -- �� Busond-- - `-`�� Petleshlan A«ess — `��\\.. � Ro tlt�9e _ .. PARK � �) � �fR�_g S�op _' � R slr �o iennls .�� C n Courh E h n l cf cap�~� � ;�� I _�� � re���, � � ; �o��, �� --__ — . ._._.� --__� a .__ .. �� EzPantletl On Sheet Parklny� � i ash En� Pa�kln - :. "' — • , a Sbr 9 •••� Pazsengee � . . _ �•••:DroP'oM Arc . _ -�� �� - ;�� ----- �- ----�--- �rts ��R��~ Petleslrlan 8�� � � � o - �ccess liom Pa�king .yivol�o 1 � /' Lol. Cail i�ina�ountl kP�e � �.y�. . dPick.�P __.��� — �. . , � o}�.Er�"lzYa�:� �'� �� Frontage Road Entry/Parking/Transit i� � 1 � �� Ford Park Management Plan Update 30 March 2012 Parkina Facilities Existing parking areas will be redesigned in order to achieve the Town Council's goal of "no net loss" of parking. Currently there are approximately 200 parking spaces in the Frontage Road area, of which 17 are disabled parking spaces. An equivalent number of spaces are reflected on the Ford Park Illustrative Plan. Major changes to parking include the elimination of approximately 50 existing spaces in order to accommodate the expansion to athletic fields and a new transit drop-off area. New spaces are created with the re-design of the eastern portion of the lot and by locating parking where the bus drop-off is currently located. The addition of "low impact" parking spaces along the South Frontage Road is also under consideration. This improvement will necessitate a sidewalk along the south side of the road and coordination with CDOT will be necessary in order to implement this improvement. Access points to parking areas will be consolidated into two locations and may include turn lane improvements on the Frontage Road (subject to CDOT review). Short term drop-off parking spaces will be established, the location of which will be determined during detailed design. Efforts should be made to locate short- term drop-off at the western end of the lots. The re-design of the parking area as depicted on the Illustrative Plan will still allow for use of this area for special events and concerts. Determination of how this area is used will be made by the Town Council and the Commission on Special Events. Bus Stop/Drop-off A dedicated bus stop separate from private vehicles is necessary. This facility is planned just west of the re-designed parking area. This location will allow for a bus shelter to be incorporated into the adjacent Concessions/Restroom building. Pedestrian Improvements The parking and transit area serves as the main point of entry to the Park for people arriving by bus or private vehicles. Currently this area and the adjacent tennis center are not well defined nor does this area have a clear image or relationship to other facilities within the Park. For example, the arrangement and relationship of existing improvements is not clear and pedestrian routes to the Alpine Garden, the Amphitheater or lower bench recreation facilities are not intuitive. Landscape, signage and pedestrian improvements throughout this area will be implemented to improve existing conditions. Ford Park Management Plan Update 31 March 2012 Athletic Fields Concessions/Restroom Buildinq A new concessions/restroom building is contemplated at the east end of the athletic fields. The building may also include a small satellite office for the Recreation District (for use during events and tournaments). This facility, along with the existing tennis center will "anchor" this area of the Park. Athletic Fields The size and shape of existing athletic fields is inefficient. The following improvements are planned to provide more usable fields: Field Expansion Removal of the existing restroom/concession building and the westernmost surface parking lot along with the construction of a retaining wall on the southwest corner of the fields will allow for increased field area that will accommodate three full-sized softball fields or two full-sized soccer/lacrosse fields. This improvement will include new fencing around much of the fields and improvements to spectator areas. The introduction of additional landscaping on the south side of the fields should be done to provide both shade and screening. West Field Restroom/Storaqe Buildinq A new restroom and park storage building is suggested at the west end of the fields. A small storage component for the Recreation District and the Alpine Garden will minimize the number of vehicle trips into the Park. This building replaces an existing storage building and will clean up existing unsecured maintenance and storage areas currently scattered throughout the park. Restrooms will serve users of the fields and pedestrians entering the Park from the west. The building should be low-profile and have a"grounded" appearance in the landscape. � -, � _� � Petleshlan'-�- _ � Accesslrym � � Parking .�_ ��` `. Garage ````� � ` -' '_ — Inlerslof � � � � � � \_ . �` � � � - _ \ . �'`_ _ ___-�' � '_' �... � -..._._., �_ _�,__ In�erslale)0__'__t�_ ` ��.� �. __ -'--._ '_'___ � e_.�. ` .. �_ i fro f 9e R - �, ootl �a ,� Manoe , � Rllsho Vail � \ \ \ � `��i� Athletic Fields/Concession Building Ford Park Management Plan Update March 2012 - `� �— Buiana� .. � � __ ' -' - Pedeshlan Acces �—_'=r-" }uY« _ _. . `` homirontoge ��9a�. Road ' . _�- -- '�PARK �_ '--- —' � E IRY - — �- `.�� �. S � �Bus Slop� �'y' Reshoo iennls ; �.jY Co� ces Cowls ta� •� ���1 - (�� �I re���, �� �a��, -_ _— i 32 Lower Bench The following improvements are contemplated for the Lower Bench area of the park: Plavaround Restrooms Restrooms at the playground are poorly sited, undersized and present an uncomfortable relationship to the rest of the Park. In the near future these restrooms will be in need of renovation and at such time consideration should be given to re-locating them to a more discrete location. One alternative is to bench the restrooms into the hill below the athletic fields. This location could allow these facilities to be accessible to users of the fields. Ford Familv Tribute The design intent and objective for the Ford Tribute is to announce the arrival to Ford Park in an iconic manner that celebrates the life and influence of the Ford family on our community. Envisioned as a unique landscape feature comprised of a combination of plants, stone, and other natural materials, the Tribute will be located in the vicinity of the Manor Vail Bridge at the intersection with Betty Ford Way. The goal is to help solidify the Ford's legacy for posterity, and to do so in a manner that is contextual to the natural environment, the Betty Ford Alpine Garden, the Gerald R. Ford Amphitheater, and the overall context of Ford Park. The Tribute is not envisioned as a building or structure, but rather a series of elements that help create a very special sense of place as the beginning of the enhanced park experience along Betty Ford Way, between Manor Vail and the Social Courtyard at the amphitheater. Betty Ford Way Betty Ford Way provides a major pedestrian access route into the Park, both from Vail Village/Village Parking Structure and from the Park's upper bench parking lot and transit stop. The section of Betty Ford Way between the Covered Bridge and the Amphitheater entry is envisioned to be a"feature area". This pedestrian corridor will be treated with a higher level of design, surface materials, lighting, seating, etc. Enhancements to Betty Ford Way will improve a park visitor's experience to and through the lower bench of the park. The existing path will be widened from approximately 10 feet to between 11 and 13 feet to accommodate the multiple user types that visit the park in peak use times (e.g. pedestrians, bicyclists, skateboarders and roller-skaters). The asphalt pavement along Betty Ford Way will be replaced with finer textured, higher quality pavements such as colored concrete, or stone or concrete pavers. Seating areas with benches will be provided at select locations along the path, and lighting fixtures will be replaced to match new architectural features in the park, which will better unify the image and character of the entire park. Ford Park Management Plan Update 33 March 2012 Landscaping adjacent to Betty Ford Way will be enhanced with additional shrubs and wildflowers to provide more interest and color along the route, and new wayfinding signage installed. The portion of the path between the Manor Vail Bridge and the Amphitheater entrance is the portion of the path that receives the highest level of use. It will be of the same character as the rest of Betty Ford Way, but it will receive a higher level of finish on the path surface, and the landscaping will include more floral displays, which will be designed to be complementary to the Betty Ford Alpine Gardens landscape. Nature Trail Improvements to the informal nature trail along Gore Creek are envisioned. ��,�` �? � � . ]�'� Bet!Y.FOrd, _ � � �. � ��AlpinC� � . . �- Gu�21cn� � . .� ��� .'- �`;,� \_ �'.�� �, _ �_ � .� ` _ .,,. .. �1f �� � ��� �, Lower Bench Gerald R. Ford Amphitheater ��� _�I 1 1 Host to approximately 60 events each year, the Amphitheater is one of, if not the main activity generator in the Park. A number of improvements are planned for this facility. Social Courtyard Expansion of the existing plaza at the entry to the Amphitheater is intended to provide a more gracious and more functional entry to the venue. The design � � Ford Park Management Plan Update 34 March 2012 intent and objective for the new "social courtyard" is to create a multi-use outdoor space of that serves as the primary arrival for the Amphitheater as well as a pre- convene and post-function space during scheduled events. The social courtyard will also serve as a new programmable space within the lower bench of Ford Park for smaller gatherings and events. Use of the space will be available by various groups and stakeholders such as the Betty Ford Alpine Gardens or the Art in Public Places, and the common park user, during times when the amphitheater is not in operation and when there are no scheduled events taking place. The space is envisioned to be richly landscaped, and have a high level of design and attention to detail. There will be two new gates that serve as ticket control and baggage check, and a perimeter landscape barrier combining plants and a decorative artistic fence to provide security. Portions of the social courtyard are envisioned to be covered by a roof feature to shelter patrons from rain during inclement weather and provide shade during sunny days. In this case consideration should be given to the relationship of this structure to surrounding improvements and to how important viewsheds can be maintained Ticketinq/Restrooms/Seatinq A number of improvements are planned to the operations and interior of the Amphitheater. These include expanded ticket windows, remodeling of existing restrooms and new restrooms at the east entry to the Amphitheater. Re- contouring of the lawn seating area is also planned, the primary purpose of which is to lessen the existing grade of the lawn area. Noise Mitiaation The relationship between the Amphitheater and the athletic fields at times creates conflicts, specifically with noise. I-70 traffic also creates problems for the Amphitheater. Noise mitigation studies have been completed and to date no definitive decisions have been made regarding possible noise mitigation measures. Space between the Amphitheater and the fields has been defined in order to accommodate potential measures that may be pursued in the future (walls, berms, landscaping, etc.). Ford Park Management Plan Update 35 March 2012 \ , .fencing � ,� � �..� �_ J � � p rennis � Courts � ` �'�.. I ;�� :-�0 1fv-4 \� �— � Soqnd B4fle�� a�-"^"•-"'� lmo�ovcd lawn a �'� . I Gai�lens , _'�+¢,r ,�h°aovcd �cr. `z.!—o . � �� Eozt�Fntry Er � ;� � /Id R. Ford� \ ' Resfr'ooms _` �/ Amphifheater /' � � �� ~_ \ �, � // (� � � I�enm; —� Cente r �� w � � � �u- ', � ' r� � �w � s����i �'�!- . �-' , :�. �a��lr• _• 4 •� i Service Iruck J� j Tum Around . �T.. � � � Gerald R. Ford Amphitheater Betty Ford Alpine Gardens ./'• , �; � ,;:�. •�1 � �i �i � ��--- -- ��� The Alpine Gardens are a major summer attraction and the following improvements are contemplated for this facility: North Entry A more formally defined entry to the Gardens from the upper bench, along with improved pedestrian corridors are planned. Garden Expansion Area Expansion to the gardens is planned along Gore Creek, adjacent the old school house. BFAG Education Center Located proximate to the Garden's entrance on the lower bench, the Education Center is envisioned to house administrative offices, a greenhouse and a multi- use space for a variety of functions. The building is planned to be two levels with a footprint of approximately 1500 SF. The design of the building should be sensitive to its close proximity to the old school house. While two separate buildings, landscape features should be used to "link" the two buildings and attention should be given to the architectural relationship of these two buildings. Ford Park Management Plan Update 36 March 2012 The location of this building is very appropriate given it's proximity to the Gardens. However, measures will need to be implemented that will minimize vehicle trips to the lower bench and how winter access is provided. �nection _ � - `�—� ��� � �� '�' j�--` ` ' _ ,; / � ��� rour+d �- � \ =` -,�.���� '� -, -i �(�_ � � � �� �� ��� � ----.._��f , � - 1 `!' ' � � �: {.Q� �EdV�C�,fion�� Cen}E�; , � r.• �. ' '�.� � GO�e Creek ���� Betty Ford Alpine Gardens Oulficld _ Fencing Art in Public Places (AIPP) � `�I �Yf��� � i la n9 �e, �°�r..-� 'Tp�r� / /�- Gerald R. Ford / AmphifheaTer �/ / "- AIPP has an active program in Ford Park. The organization has placed permanent art within the Park, the most recent being the Jesus Moroles sculpture. AAIP also uses a portion of the Lower Bench for temporary/summer exhibition space. AAIP has the opportunity to utilize other areas of the park. However, any installation be it temporary or permanent will be evaluated with respect to how it minimizes impacts on other existing facilities and uses in the Park. Ford Park Management Plan Update 37 March 2012 Service and Deliverv The following initiatives are contemplated improve the efficiency of and minimize the impacts from service and delivery functions within the Park Central Trash Enclosure A new central trash enclosure will replace an existing building and is planned at the eastern corner of the parking lot. This is intended to be a fully enclosed building which contains either a trash dumpster or compactor unit. All leaseholders will utilize the central enclosure to dispose of trash generated at their respective facilities. One of the underlying goals of this approach is to not have trash truck traffic within the Park. Amphitheater Deliveries Amphitheater operations necessitate a significant number of deliveries, including but not limited to 8-12 (on average) large semi-trucks each year and frequent deliveries from food, beer and other vendors. Currently all trucks access the Amphitheater from the west via Betty Ford Way, turn around in the amphitheater plaza area and exit back to the west. This truck traffic in a highly pedestrianized area is very undesirable. The eastern portion of Betty Ford Way will be reconstructed to reduce steep portions of the path. It will also be widened to facilitate deliveries by large trucks and other vehicles to the Amphitheater and other functions on the Lower Bench. A truck turning area will be provided in front of the amphitheater so that vehicles can exit the Lower Bench the same way they entered. If this idea is pursued, two alternatives are possible — one would be to design the plaza to accommodate turning movements for all large trucks. The other would be to design the plaza to accommodate all but the large semi-trucks. Either alternative would have tremendous benefits toward minimizing vehicular traffic in the lower bench of the Park. Overlooks with views to Gore Creek and the mountains will be provided along east Betty Ford Way, which will also function as refuge areas for pedestrians and bicyclists when trucks are moving down the path. Access Road Management The gate-controlled entrance to East Betty Ford Way is intended to limit vehicle access to the Lower Bench. This gate/traffic control system is also utilized on the west end of Betty Ford Way and should continue. Vail Nature Center The Vail Nature Center is located on the south banks of Gore Creek at the southern end of Ford Park. The Nature Center is intended to be a natural preserve and includes self-guided trails with a small interpretive center that Ford Park Management Plan Update 38 March 2012 provides environmental and educational programs. Resolution #27 of 1987 documents the Town's intentions for how the Nature Center is to be managed. No changes are contemplated for this area. . w f� Vail Nature Center -- �, ,�s _._�--� �r �r .� „ari�,,;; . rauro - , p„ .r �••••:pW�MNw . •� E� �__- -----5-�---- �----- _ .-� � . c.�^-�— . � - � � � � �s '�� e�� iN �`j�, .i" � 3YSS�'^� � ' �'���� � �" � � �� '\ / % ��%•` l ' � 4 ,� ,,-� ;� � - � I \ ,` �l �� I`r ,, /; .\' �� � .� �_-,_�� ' Ford Park Management Plan Update 39 March 2012 Section 7: Capital Improvements Plan for Ford Park This section outlines a five to ten year plan for making physical improvements to the park. The final list of projects will be reviewed and coordinated with Ford Park leaseholders, and adjacent property owners and must be validated through open public participation. Ford Park projects and improvement costs are eligible for Real Estate Transfer Tax funds and grant funding through Great Outdoors Colorado. . . . - . , .. � . -- .. ._ . • '- � � � r � 11 / 11 � � � 1 � � � • � � � .��. si�ii'iatas�a ����zz�iriuv�.�i 1. Park Storage/maintenance and restroom building 2. Outfield retaining wall 3. Multi-purpose area/enlarged sports fields 4. Enhances landscape and pedestrian environment along Betty Ford Way 5. Outfield fencing 6. Improved plaza and GRFA entry 7. Improved GRFA restrooms 8. Improved GRFA lawn seating 9. East GRFA restrooms 10. Walk to lower bench 11. North BFAG entry 12. BFAG Welcome Center 13.Overlook, walk and stair connection to lower bench Ford Park Management Plan Update 40 March 2012 14.Outdoor seating area 15. Park Center — restrooms/concessions/information/weather shelter 16. Bus drop-off/park entry 17. Car drop-off 18. Parking/vehicle turnaround 19. East Betty Ford Way service/delivery drive with pedestrian overlook 20. Improved walk connection from parking lot 21. Expanded truck turnaround 22. Improved lower bench restrooms 23. Bus Shelter 24. Ford Family Tribute 25. Frontage Road parking 26. Enhanced landscape at park entry 27. Bleachers 28.Improved Streamwalk 29. BFAG expansion area Ford Park Management Plan Update 41 March 2012 rowN oF vai� � PLANNING AND ENVIRONMENTAL COMMISSION March 12, 2012 1:OOpm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT Luke Cartin Pam Hopkins Michael Kurz Bill Pierce Henry Pratt John Rediker Tyler Schneidman MEMBERS ABSENT Site Visits: 1. Morton and Bull Residence — 302 Hanson Ranch Road 5 minutes A request for the review of a final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for the re-subdivision of Lots 2 and 3, Bighorn Subdivision 4t" Addition, located at 4316 and 4336 Streamside Circle West, and setting details in regards thereto. (PEC110063) Applicant: Diamond Assets, represented by Triumph Development Planner: Bill Gibson ACTION: Table to April 9, 2012 MOTION: Kurz SECOND: Cartin VOTE: 7-0-0 5 minutes 2. A request for a final recommendation to the Vail Town Council for prescribed regulations amendments to Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to provide regulations that will implement sustainable building and planning standards, and setting forth details in regard thereto. (PEC090028) Applicant: Town of Vail Planner: Rachel Dimond/ Kristen Bertuglia ACTION: Table to March 26, 2012 MOTION: Kurz SECOND: Cartin VOTE: 7-0-0 3. Approval of March 5, 2012 minutes MOTION: Kurz SECOND: Cartin VOTE: 7-0-0 Page 1 5 minutes 4. A request for the review of a minor exterior alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of two bay windows, located at 302 Hanson Ranch Road, Units 303/306 & 402/403 (Mill Creek Court Building) /Lot 1, Block 5A, Vail Village Filing 5, and setting forth details in regard thereto. (PEC120009) Applicant: Bill and Mary Kay Morton & Nicholas and Katusha Bull Planner: Rachel Dimond ACTION: Approved with conditions MOTION: Kurz SECOND: Cartin VOTE: 6-0-1 (Pratt recused) CONDITIONS: 1. Prior to the issuance of a building permit, the applicants shall mitigate the impacts on employee housing resulting from the construction of 76 square feet of new gross residential floor area in accordance with the provisions of Chapter 12-24, Inclusionary Zoning. 2. The applicant shall enter into an encroachment agreement with the Town of Vail for improvements on Town of Vail property prior to issuance of any certificate of occupancy. Commissioner Pratt recused himself due to a conflict of interest and departed the hearing. Rachel Dimond presented an overview of the staff inemorandum. Commissioner Pierce asked about the inclusionary zoning mitigation fees. Sid Schultz, the applicant's representative, was available for questions. There was no other public comment. Commissioner Kurz noted his concern about the Town's adopted policy of charging employee housing mitigation fees for the addition of bay windows. 5. Adjournment MOTION: Kurz SECOND: Cartin VOTE: 6-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. 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. Published March 9, 2012, in the Vail Daily. Page 2 Ad Name: 7701937A Customer: TOWN OF VAIL/PLAN DEPT/COMM Your aCCOUnt number is: 1 �23233 v� n�y PROOF OF PUBLICATION STATE OF COLORADO } }.�.�. COUNTY OF EAGLE } I, Don Rogers, do solemnly swear that I ain a qualified representative ofthe Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the Couniy of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weelcs next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the firsi publication of said notice was in the issue of said newspaper dated 3/23/2012 and that the last publication of said notice was dated 3/23/2012 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 04/03/2012. � General Manager/Publisher/Editor Vail Daily Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 04/03/2012. Pamela J. Schultz, Notary Public My Commission expires: November 1, 2015 FAN�EL� J SGb4U4.TZ Pdo�ar� PuUflc 5iat� aS Gulprndu PLANNING AND ENVIRONMENTAL COMMISSION March 26, 2012 1:OOpm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 Members Present Members Absent Site Visits: 1.Pord Park - 530, 540 & 580 South Frontage Road East 60 minutes 45 minutes 1.An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the zoning administrator's de- termination that an appeal form submitted by the Vail Gateway Plaza Condominium Association on January 4, 2012, was untimely, and therefore, can not be heard by the Planning and Environmental Commission. This determination was made in ac- cordance with Section 123-3.3 of the Zoning Reg- ulations of the Town of Vail. The Vail Gateway Pla- za Condominiums are located at 12 Vail Road/Lot N, Block 5D, Vail Village Filing 1. Appellant:Vail Gateway Plaza Condominium Asso- ciation, represented by Lansky, Weigler, and Por- ter, P.C. ACTION: MOTION: SECOND:VOTE: CONDITIONS: 30 minutes 2.A request for a recommendation to the Vail Town Council for amendments to the Ford Park Man- agement Plan, to allow for the construction oF vari- ous improvements at Ford Park (realignment of athletic fields, new restroom and concession build- ings, new covered outdoor terrace, Gerald R. Ford Amphitheater renovations, park entrance improve- ments, Betty Ford Alpine Garden welcome center, streetscape improvements, etc.) located at 530, 540, and 580 South Frontage Road East/Unplatted, and setting forth details in regard thereto. (PEC120006) Applicant: Town of Vail Planner: Bill Gibson ACTION: MOTION: SECOND:VOTE: CONDITIONS: 5 minutes 3.A request for the review of amendments to a conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the construction of various im- provements at Ford Park (realignment of athletic fields, new restroom and concession buildings, new covered outdoor terrace, Gerald R. Ford Am- phitheater renovations, park entrance improve- ments, Betty Ford Alpine Garden welcome center, streetscape improvements, etc.) located at 53Q 540, and 580 South Frontage Road EasUUnplatted, and setting forth details in regard thereto. (PEC120003) Applicant: Town of Vail Planner: Bill Gibson ACTION: Table to April 9, 2012 MOTION: SECOND:VOTE: CONDITIONS: 5 minutes 4.A request for a final recommendation to the Vail Town Council for prescribed regulations amend- ments to Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town Code, pursu- ant to Section 12-3-7, Amendment, Vail Town Code, to provide regulations that will implement sustainable building and planning standards, and setting forth details in regard thereto. (PEC090028) Applicant: Town of Vail Planner: Rachel Dimond/ Kristen Bertuglia ACTION: Table to April 9, 2012 MOTION: SECOND:VOTE: CONDITIONS: 5.Approval of March 12, 2012 minutes MOTION: SECOND: VOTE: 6.Information Update 7.Adjournment MOTION: SECOND: VOTE: The applications and information about the propos- als are available for public inspection during regular office hours at the Town of Vail Community Devel- opment Department, 75 South Frontage Road. The public is invited to attend the project orienta- tion and the site visits that precede the public hearing in the Town of Vail Community Develop- ment Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon re- quest with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published March 23, 2012, in the Vail Daily. (7701937) Ad Name: 7651524A Customer: TOWN OF VAIL/PLAN DEPT/COMM Your aCCOUnt number is: 1 �23233 v� n�y PROOF OF PUBLICATION STATE OF COLORADO } }.�.�. COUNTY OF EAGLE } I, Don Rogers, do solemnly swear that I ain a qualified representative ofthe Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the Couniy of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weelcs next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the firsi publication of said notice was in the issue of said newspaper daied 3/9/2012 and that the last publication of said notice was dated 3/9/2012 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 03/13/2012. � General Manager/Publisher/Editor Vail Daily Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 03/13/2012. Pamela J. Schultz, Notary Public My Commission expires: November 1, 2015 FAN�EL� J SG6HJ4.TZ Pdo�ar� PuUflc 5iat� aS Gulprndu THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on March 26, 2012, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the mning administrator's de- termination that an appeal form submitted by the Vail Gateway Plaza Condominium Association on January 4, 2012, was untimely, and therefore, can not be heard by the Planning and Environmental Commission. This determination was made in ac- cordance with Section 123-3.3 of the Zoning Reg- ulations of the Town of Vail. The Vail Gateway Pla- za Condominiums are located at 12 Vail Road/Lot N, Block 5D, Vail Village Filing 1. Appellant:Vail Gateway Plaza Condominium Asso- ciation, represented by Lansky, Weigler, and Por- ter, P.C. Staff: Matt Mire, Town Atrorney The applications and information about the propos- als are available for public inspection during office hours at the Town of Vail Community Develop- ment Department, 75 South Frontage Road. The public is invited to attend site visits. Please call 970-479-2138 for additional information. Sign language interpretation is available upon re- quesi, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Im- paired, for information. Published March 9, 2012, in the Vail Daily. (7651524)