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HomeMy WebLinkAbout2019-04-02 Agenda and Supporting Documentation Town Council Evening Meeting Agenda VAIL TO W N C O U N C IL R E G U L AR ME E TIN G Evening Agenda Town Council C hambers 6:00 PM, April 2, 2019 Notes: Times of items are approximate, subject to c hange, and cannot be relied upon to determine what time C ounc il will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community conc ern, and any items that are not on the agenda. Please attempt to keep c omments to three minutes; time limits established are to provide efficienc y in the c onduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1.Citizen Participation 2.Consent Agenda 2.1.Resolution No. 15, Series 2019 a Resolution to Release a Deed Restriction Located at 1109 Vail Valley Drive pursuant to Section 12-13-5 of the Vail Town Code, in exchange for the placement of an employee housing deed restriction on Heather of Vail Condo Unit B-3/ 5197 Black Gore Drive Unit B-3, Vail, Colorado 81657 (the “Proposed E HU”). 5 min. Background: On March 26, 2019 the Vail Local Housing Authority (V L HA) reviewed a request to exchange an existing studio Type I I Employee Housing Unit Restrictive Covenant at 1109 Vail Valley Drive. The new owner requested to exchange the existing E HU with a new Type I I I deed- restriction on a two bedroom condominium located at Heather of Vail Condos Unit B-3 / 5197 Black Gore Drive Unit B-3. The exchange meets the requirements listed in the Town Code 12-13-5 E MP L OY E E HOUS I NG UNI T D E E D RE S TRI C TI ON E X C HA NGE, therefore the V LHA recommends release of the restrictive covenant on 1109 Vail Valley Drive. 2.2.Resolution No. 16, Series of 2019 a Resolution to Release a Deed Restriction Located at 2642 Kinnikinnick Court pursuant to the terms of the Settlement Agreement, October 18, 1996, Reception No. 607578 and the Type I I Employee Housing Unit Restrictive Covenant, November 18, 1996, Reception No. 607579. Background: The owner of a deed-restriction located at 2642 Kinnikinnick Court requested to release their restriction in accordance with Type I I Employee Housing Unit Restrictive Covenant recorded November 18, 1996, Reception No. 607579 section 7. Staff will record the approved mutual release upon "verification that the E HU use has been terminated and has been merged into the Primary Unit, and is no longer capable of being separately leased." 2.3.Resolution No.17, Series of 2019, A Resolution Adopting an Amended April 2, 2019 - Page 1 of 196 Budget and Making Appropriations to Pay the Costs, Expenses, and Liabilities of the Vail Local Marketing District for its Fiscal Year J anuary 1, 2019 Through December 31, 2019 2.4.Resolution No. 18, Series of 2019, A Resolution Approving a Cooperative I ntergovernmental Agreement for Use of the 800 MHZ System in the Eagle River Valley Background: The Eagle River Valley User Agencies previously entered into an Agreement for use of Eagle County's 800 MHz W ide Area Smartzone Trunked Radio Services dated on or around August 17, 2010, governing the use of the 800 MHz radio system in Eagle County. The User Agencies wish to supersede the Previous Agreement with the current I ntergovernmental Agreement to provide for continuing access to the system by the User Agencies and to reallocate the decision-making responsibilities of the User Agencies for the system. 2.5.March 5, 2019 Town Council Meeting Minutes 2.6.March 19, 2019 Town Council Meeting Minutes 2.7.Global Friendship Exchange Agreement between the Yamanouchi–Machi, Nagano Prefecture, J apan and the Town of Vail, State of Colorado, United States of America 2.8.Global Friendship Exchange Memo of Understanding ("MOU") between the Yamanouchi–Machi, Nagano Prefecture, J apan and the Town of Vail, State of Colorado, United States of America 3.Town Manager Report 3.1.5 min. 4.Action Items 4.1.Resolution No. 14, Series of 2019, A Resolution Adopting Gore Valley Trail I nterpretive Plan as a Component of the Gore Creek Strategic Plan 10 min. Presenter(s): Peter Wadden, Watershed Education Coordinator Action Requested of Council: Approve, approve with modifications, or deny Resolution No. 14, Series of 2019. Background: Based on feedback received from Town Council at the March 19 meeting, staff has updated the I nterpretive Plan to include recommendations on how the proposed interpretive installations may be incorporated into the Vail App. The applicant, Town of Vail, represented by Peter Wadden, Town of Vail Water Quality Education Coordinator, is requesting approval from the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for the adoption of the Gore Valley Trail I nterpretive Plan (the I nterpretive Plan) as a component of the Gore Creek Strategic Action Plan. 4.2.Ordinance No. 3, Series of 2019, An Ordinance Amending Chapter 1 of Title 4 of the Vail Town Code to Address Business Licensing Fees for Accommodation Services. 5 min. Presenter(s): Alex J akubiec, Sales Tax and Licensing Administrator April 2, 2019 - Page 2 of 196 Action Requested of Council: Staff is requesting Council’s approval of the first reading of Ordinance No. 3, Series 2019. Background: Please see attached memo. Staff Recommendation: Approve or approve with amendments upon first reading of Ordinance No. 3, Series 2019. 4.3.Ordnance No. 5 Series of 2019, First Reading, An Ordinance Authorizing the Sale of Certain Real Property Known as Unit 2, Vail Village I nn Plaza, Phase V Condominiums, to S TK Capital, LLC for $1,547,000. 15 min. Presenter(s): George Ruther, Housing Director Action Requested of Council: Approve, Approve with Modifications, or Deny Ordinance No. 5, Series of 2019, on first reading. Background: Please refer to the staff memorandum, dated April 2, 2019, discussing this agenda item. Staff Recommendation: The Town staff recommends the Vail Town Council approves Ordinance No. 5, Series of 2019, upon first reading. 4.4.Proposed Parcel E, Chamonix Vail Neighborhood – Options for Consideration – Request for Direction 30 min. Presenter(s): George Ruther, Housing Director Action Requested of Council: At the end of the discussion, the Vail Town Council will be asked to provide direction to the Town staff as to which, if any, of the proposed approaches best serves the interest of the greater Vail community. Background: The Vail Town Council has expressed its intent to sell the Town's interest in Parcel D of the Chamonix Vail Neighborhood. Proceeds from the sale of the Parcel could be applied to recoup a portion of the nearly $4M financial subsidy granted to the development of the Chamonix Vail Neighborhood. I n order to effectively sell the Parcel, certain determinations regarding the sales approach must first be decided. Staff Recommendation: The Town staff recommends the Vail Town Council discussion and consider the four options outlined in the staff memorandum and provide direction as to which, if any, of the options the Town Council supports the staff in pursuing. 5.Public Hearings 5.1.Ordinance No. 4, Series of 2019, Second Reading, An Ordinance Amending Section 12-7H-12, Density, Vail Town Code, and Section 14-8-1, Vail Town Code, to Remove the Dwelling Units per Acre Maximum W hile Maintaining the Existing Dimensional Standards I ncluding GRFA and Building Height in the Lionshead Mixed Use-1 Zone District 5 min. Presenter(s): Chris Neubecker, Community Development Planning Manager Action Requested of Council: The Vail Town Council shall table Ordinance No. 4, Series of 2019 to the J une 4, 2019 Town Council meeting. Background: The proposed change to the density maximum in Lionshead Mixed Use-1 zone district will encourage redevelopment of properties in the Lionshead area, as encouraged by the Lionshead Redevelopment Master Plan. Staff Recommendation: The Community Development Department recommends tabling of Ordinance No. 4, Series of 2019 to the J une 4, 2019 Town Council meeting. 6.Adjournment April 2, 2019 - Page 3 of 196 6.1.Adjournment 7:30 p.m. (estimated) Meeting agendas and materials can be acc es s ed prior to meeting day on the Town of Vail webs ite www.vailgov.com. All town c ouncil meetings will be streamed live by High F ive Ac cess Media and available for public viewing as the meeting is happening. T he meeting videos are als o posted to High F ive Ac cess Media website the week following meeting day, www.highfivemedia.org. P leas e c all 970-479-2136 for additional information. S ign language interpretation is available upon reques t with 48 hour notification dial 711. April 2, 2019 - Page 4 of 196 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Resolution No. 15, S eries 2019 a Resolution to Release a Deed Restriction L ocated at 1109 Vail Valley Drive pursuant to Section 12-13-5 of the Vail Town Code, in exchange for the placement of an employee housing deed restriction on Heather of Vail Condo Unit B -3/ 5197 B lack Gore Drive Unit B-3, Vail, Colorado 81657 (the “P roposed E HU”). B AC K G RO UND: On March 26, 2019 the Vail L ocal Housing Authority (V L HA ) reviewed a request to exchange an existing studio Type I I E mployee Housing Unit Restrictive Covenant at 1109 Vail Valley Drive. T he new owner requested to exchange the existing E HU with a new Type I I I deed-restriction on a two bedroom condominium located at Heather of Vail Condos Unit B-3 / 5197 Black Gore Drive Unit B -3. T he exchange meets the requirements listed in the Town Code 12-13-5 E MP L O YE E HO US I NG UNI T D E E D R E S T R I C T I O N E X C HA NG E , therefore the V L HA recommends release of the restrictive covenant on 1109 Vail Valley Drive. AT TAC H ME N TS: Description Resolution No. 15, Series 2019 Mutual Release of Restrictive Covenant April 2, 2019 - Page 5 of 196 RESOLUTION NO. 15 SERIES OF 2019 A RESOLUTION APPROVING A MUTUAL RELEASE OF RESTRICTIVE COVENANT BETWEEN THE TOWN OF VAIL AND BISCAYNE TRUST; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the “Charter”); WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly elected and qualified; WHEREAS, Biscayne Trust is the owner of that certain property (“the Property”) located within the Town of Vail, Eagle County, Colorado, with a physical address of 1109 Vail Valley Drive, Vail, Colorado 81657; WHEREAS, a restrictive covenant (“Restrictive Covenant”) was recorded against the Property for the sole purpose of creating an employee housing unit within the Town of Vail as provided in Chapter 12-13, Vail Town Code; WHEREAS, said Restrictive Covenant was recorded against the Property in the records of the Clerk and Recorder of Eagle County, Colorado on August 31, 2007 at Reception No. 200723275; WHEREAS, The Town is the beneficiary of said Restrictive Covenant; and WHEREAS, Releasee and the Town, pursuant to Section 12-13-5 of the Vail Town Code, wish to mutually release the Restrictive Covenant in exchange for the placement of an employee housing deed restriction on Heather of Vail Condo Unit B-3/ 5197 Black Gore Drive Unit B-3, Vail, Colorado 81657 (the “Proposed EHU”). NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: Section 1. The Council hereby approves the Mutual Release of Restrictive Covenant and authorizes the Town Manager to execute the Mutual Release of Restrictive Covenant Agreement on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon the recording of an employee housing deed restriction in a form approved by the Town on the Proposed EHU. Resolution No. 15, Series of 2019 April 2, 2019 - Page 6 of 196 INTRODUCED, READ, APPROVED AND ADOPTED this 2nd day of April , 2019. ________________________________ Dave Chapin, Mayor ATTEST: _________________________________ Tammy Nagel, Town Clerk Resolution No. 15, Series of 2019 April 2, 2019 - Page 7 of 196 EXHIBIT A Resolution No. 15, Series of 2019 April 2, 2019 - Page 8 of 196 MUTUAL RELEASE OF RESTRICTIVE COVENANT THIS RELEASE is made and entered into this 2nd day of April, 2019, by and between Biscayne Trust, hereinafter referred to as “RELEASEE” and the Town of Vail, a Colorado Municipal Corporation, hereinafter referred to as “RELEASOR”. WHEREAS, Releasee is the owner of that certain property (“the Property”) located within the Town of Vail, Eagle County, Colorado, with a physical address of 1109 Vail Valley Drive, Vail, Colorado 81657; WHEREAS, a restrictive covenant (“Restrictive Covenant”) was recorded against the Property for the sole purpose of creating an employee housing unit within the Town of Vail as provided in Chapter 12-13, Vail Town Code; WHEREAS, said Restrictive Covenant was recorded against the Property in the records of the Clerk and Recorder of Eagle County, Colorado on August 31, 2007 at Reception No. 200723275; WHEREAS, Releasor is the beneficiary of said Restrictive Covenant; and WHEREAS, at the public meeting held on April 2, 2019, and pursuant to Section 12-13-5 of the Vail Town Code, the Town Council of the Town of Vail, Colorado (“Town Council”) approved the release of the Restrictive Covenant in exchange for the placement of an employee housing deed restriction on Heather of Vail Condo Unit B-3 / 5197 Black Gore Drive Unit B-3, Vail, Colorado 81657. NOW THEREFORE, in consideration of the mutual terms and provisions herein below set forth, and other good and valuable consideration, the receipt and adequacy of which is hereby confessed and acknowledged to, the parties agree: 1. The Town Council approved the release of the Restrictive Covenant on April 2, 2019 via Resolution 15, Series of 2019. 2. Releasor hereby terminates the Restrictive Covenant recorded against the Property in the office of the Clerk and Recorder of Eagle County, Colorado at Reception No. 200723275 and dated August 31, 2007 and hereby releases Releasee from all duties and obligations of said Restrictive Covenant. 3. Upon execution of the Release, Releasee shall be free to sell, devise, gift, lease, or otherwise dispose of the Property at will, at any time, and to any buyer or tenant with no further restrictions imposed by Releasor. 4. Upon execution of the Release, Releasee shall be free to reside in and use the Property with no further restrictions imposed by the Releasor. 5. This Release shall be permanent and shall run with the land and shall not be waived, abandoned, amended, or terminated and shall inure to the benefit and be binding upon the parties, their respective grantees, successors, or assigns. Page 1 of 2 April 2, 2019 - Page 9 of 196 6. This Release constitutes the entire agreement between the parties with respect to the subject matter hereof, and there are no inducements, representations, warranties, or understandings that do not appear within the terms and provisions of the Release. This Release may be modified only in writing, signed by both parties. 7. This release shall be recorded in the real property records of Eagle County, Colorado and the provisions of this Release shall be governed by the laws of the State of Colorado, including any action arising out of this Release. 8. If any provisions of this Release shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Release has been negotiated by the parties and their respective counsel and shall be interpreted fairly in accordance with its terms and without any strict construction in favor of or against either party. RELEASOR: TOWN OF VAIL, a Colorado Municipal Corporation By: Greg Clifton, Town Manager ATTEST: Tammy Nagel, Town Clerk RELEASEE: By: Biscayne Trust, Current Owner STATE OF ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2019 by . Notary Public: My Commission Expires: Page 2 of 2 April 2, 2019 - Page 10 of 196 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Resolution No. 16, S eries of 2019 a Resolution to Release a Deed Restriction L ocated at 2642 K innikinnick Court pursuant to the terms of the Settlement Agreement, October 18, 1996, Reception No. 607578 and the Type I I Employee Housing Unit Restrictive Covenant, November 18, 1996, Reception No. 607579. B AC K G RO UND: The owner of a deed-restriction located at 2642 Kinnikinnick Court requested to release their restriction in accordance with Type I I Employee Housing Unit Restrictive Covenant recorded November 18, 1996, Reception No. 607579 section 7. S taff will record the approved mutual release upon "verification that the E HU use has been terminated and has been merged into the Primary Unit, and is no longer capable of being separately leased." AT TAC H ME N TS: Description Resolution No. 16, Series of 2019 and Mutual Release April 2, 2019 - Page 11 of 196 RESOLUTION NO. 16 SERIES OF 2019 A RESOLUTION APPROVING A MUTUAL RELEASE OF RESTRICTIVE COVENANT BETWEEN THE TOWN OF VAIL AND SUZANNE J. DUGAN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the “Charter”); WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly elected and qualified; WHEREAS, Suzanne J. Dugan is the owner of that certain property (“the Property”) located within the Town of Vail, Eagle County, Colorado, with a physical address of 2642 Kinnikinnick Court, Vail, Colorado 81657; WHEREAS, a Restrictive Covenant (“Restrictive Covenant”) was recorded against the Property for the sole purpose of creating an employee housing unit within the Town of Vail as provided in Chapter 12-13, Vail Town Code; WHEREAS, said Restrictive Covenant was recorded against the Property in the records of the Clerk and Recorder of Eagle County, Colorado on November 18, 1996, Reception No. 607579; WHEREAS, The Town is the beneficiary of said Restrictive Covenant; and WHEREAS, at the public meeting held on April 2, 2019, pursuant to the terms of the Settlement Agreement, October 18, 1996, Reception No. 607578 (Exhibit B) and the Type II Employee Housing Unit Restrictive Covenant, November 18, 1996, Reception No. 607579, wish to mutually release the Restrictive Covenant and terminate the Restrictive Covenant recorded against the Property in the office of the Clerk and Recorder of Eagle County, Colorado at Reception No. 607579, dated November 18, 1996 and hereby releases Releasee from all duties and obligations of said Restrictive Covenant. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: Section 1. The Council hereby approves the Mutual Release of Restrictive Covenant upon verification that the EHU use has been terminated and has been merged into the Primary Unit, and is no longer capable of being separately leased and authorizes the Town Manager to execute the Mutual Release of Restrictive Covenant Agreement on Resolution No. 16, Series of 2019 April 2, 2019 - Page 12 of 196 behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon the recording of the Mutual Release of Restrictive Covenant Agreement a form approved by the Town. INTRODUCED, READ, APPROVED AND ADOPTED this 2nd of April, 2019. ________________________________ Dave Chapin, Mayor ATTEST: _________________________________ Tammy Nagel, Town Clerk Resolution No. 16, Series of 2019 April 2, 2019 - Page 13 of 196 EXHIBIT A Resolution No. 16, Series of 2019 April 2, 2019 - Page 14 of 196 MUTUAL RELEASE OF RESTRICTIVE COVENANT THIS RELEASE is made and entered into this 2nd day of April, 2019, by and between Suzanne J. Dugan, hereinafter referred to as “RELEASEE” and the Town of Vail, a Colorado Municipal Corporation, hereinafter referred to as “RELEASOR”. WHEREAS, Releasee is the owner of that certain property (“the Property”) located within the Town of Vail, Eagle County, Colorado, with a physical address of 2642 Kinnikinnick Court, Vail, Colorado 81657; WHEREAS, a restrictive covenant (“Restrictive Covenant”) was recorded against the Property for the sole purpose of creating an employee housing unit within the Town of Vail as provided in Chapter 12-13, Vail Town Code; WHEREAS, said Restrictive Covenant was recorded against the Property in the records of the Clerk and Recorder of Eagle County, Colorado on November 18, 1996 at Reception No. 607579; WHEREAS, Releasor is the beneficiary of said Restrictive Covenant; and WHEREAS, at the public meeting held on April 2, 2019, pursuant to the terms of the Settlement Agreement, October 18, 1996, Reception No. 607578 and the Type II Employee Housing Unit Restrictive Covenant, November 18, 1996, Reception No. 607579 the Town Council of the Town of Vail, Colorado (“Town Council”) approved the release of the Restrictive Covenant located at 2642 Kinnikinnick Court, Vail, Colorado 81657. NOW THEREFORE, in consideration of the mutual terms and provisions herein below set forth, and other good and valuable consideration, the receipt and adequacy of which is hereby confessed and acknowledged to, the parties agree: 1. The Town Council upon verification that the EHU use has been terminated and has been merged into the Primary Unit, and is no longer capable of being separately leased approved the release of the Restrictive Covenant on April 2, 2019. 2. Releasor hereby terminates the Restrictive Covenant recorded against the Property in the office of the Clerk and Recorder of Eagle County, Colorado at Reception No. 607579 and dated November 19, 1996 and hereby releases Releasee from all duties and obligations of said Restrictive Covenant. 3. Upon execution of the Release, Releasee shall be free to sell, devise, gift, lease, or otherwise dispose of the Property at will, at any time, and to any buyer or tenant with no further restrictions imposed by Releasor. 4. Upon execution of the Release, Releasee shall be free to reside in and use the Property with no further restrictions imposed by the Releasor. 5. This Release shall be permanent and shall run with the land and shall not be waived, abandoned, amended, or terminated and shall inure to the benefit and be binding upon the parties, their respective grantees, successors, or assigns. Page 1 of 2 April 2, 2019 - Page 15 of 196 6. This Release constitutes the entire agreement between the parties with respect to the subject matter hereof, and there are no inducements, representations, warranties, or understandings that do not appear within the terms and provisions of the Release. This Release may be modified only in writing, signed by both parties. 7. This Release shall be recorded in the real property records of Eagle County, Colorado and the provisions of this Release shall be governed by the laws of the State of Colorado, including any action arising out of this Release. 8. If any provisions of this Release shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Release has been negotiated by the parties and their respective counsel and shall be interpreted fairly in accordance with its terms and without any strict construction in favor of or against either party. RELEASOR: TOWN OF VAIL, a Colorado Municipal Corporation By: _____________________________________ Greg Clifton, Town Manager ATTEST: _________________________________________ Tammy Nagel, Town Clerk RELEASEE: By: ______________________________________ Suzanne J. Dugan, Current Owner STATE OF _____________ ) ) ss COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this ____ day of _________, 20 by . Notary Public: ______________________________ My Commission Expires: ______________________ Page 2 of 2 April 2, 2019 - Page 16 of 196 SETTLEMENT AGREEMENT THIS AGREEMENT is entered on the~,$',,C~day of ®C.~v,~~ , 1996, between the Town of Vail, Colorado, 75 S. Frontage Road, Vail, Colorado, hereinafter referred to as "Town", and Sue Dugan, 2642 Kinnickinnick Court, Vail., Colorado. WHEREAS, it was brought to the attention of the Town of Vail Community Development Department that there was a third dwelling unit located at 2642 Kinnickinnick Court/Lot 5, Block 2, Vail Intermountain Subdivision. WHEREAS, a review the records of Eagle County and the Town of Vail disclose that the property has never been coned in allow for mare than twe d~=.~pliing uni±s on ~t. WHEREAS, under the present zone district. Primary-Secondary. it is possible to receive approval for a Conditional Use Perrnit to authorize the continued use of the third dwelling unit, which is an apartment, as a Type II employee housing unit. WHEREAS, it is clear that this third dwelling unit has been used appropriately in the past as an employee housing unit. WHEREAS, by entering into this Agreement Sue Dugan does not have an affirmative duty to rent the Type II employee housing unit. WHEREAS, the Town fully supports the continuation of this third dwelling unit as an employee housing unit which will continue to fulfill a goal of the Town to provide housing for as many employees as possible within the Town of Vail. WI~EREAS, the parties agree that this Conditional Use Application will be presented to the Planning and Environmental Commission pursuant to the Vail Municipal Code. NOW, THEREFORE, in exchange of the mutual promises contained herein it is a nYPP~'I ac fnllnu~c• Y-a~ --- --- ----_ ..... 1. The Town and Sue Dugan will enter into the deed restriction which is attached as Exhibit "A". 2. The Town of Vail, through its Community Development Department, will process an application for a Conditional Use Permit which will be presented by Town staff on behalf of Sue Dugan to the Planning and Environmental Commission and which Conditional Use Permit application will be supported for an affirmative vote by the Planning and Environmental Commission by Town staff and all fees generally required for such application shall be waived. ~ C91 Q7 6075?S z IIIIIIIIIIIIIIIII II II II IIIIIIII~IIIII) 11/18/1996 11~0100BNOT10.00 Eagle2County Clerk rcKnnnnotn4~ REC 11.00 DOC EXHIBIT B April 2, 2019 - Page 17 of 196 r 3. If at any time Sue Dugan wishes to remove the third dwelling unit and abandon its use as an employee housing unit, such abandonment can be accomplished by removing the presently located kitchen related facilities, which means stove, microwave oven or other heated cooking surface, and advising the Town that such conditional use is being abandoned. In such event, the attached deed restriction will no longer be of any force or effect and will be removed as a restriction on the property. 4. The Town and Sue Dugan do hereby mutually, fully, unequivocally, and unconditionally release one another, their heirs, assigns, successors, officers, directors and employees from any and all causes of action pertaining to or arising from the facts and circumstances that gave rise to the entering of this Agreement. IN WITNESS WHEREOF, this Agreement is executed the day and year first written above. TOWN OF VAIL By: (iv ~- Robert W. Mc aurin, Town Manager f:\dugan.agt w d~ W 111111 VIII 111111 VIII VIII 111111 VIII III Iilll IIII IIII 607578 11/18/1998 11:01A BK 711 PG 600 23Page: 2 of 2 REC 11.00 DOC 0.00 NOT 0.00 Eagle County Clerk April 2, 2019 - Page 18 of 196 li TYPE II EMPLOYEE HOUSING UNIT RESTRICTIVE COVENANT WHEREAS, Sue Dugan is the owner of certain property (the "Owner") described as: Lot 5, Block 2, Intermountain Subdivision, 2642 Kinnickinnick Court, Vail, Colorado (the Property"); and li WHEREAS, the Owner wishes to place certain restrictions on the use of a unit or I' apartment located on the Property for the benefit of the Owner and the Town of Vail, Colorado the "Town"). NOW, THEREFORE, the Owner does hereby impose, establish, acknowledge, declare for the benefit of all persons who may hereinafter purchase, or lease, or hold the subject land the following restrictions, covenants, and conditions, all of which shall be deemed to run with the land and inure to the benefit and be binding upon the Owner, its respective grantees, successors, and assigns. 1.The Employee Unit, containing 450 square feet, is hereby restricted as Type II Employee Housing Unit (EHU). i e ee w o2.The Type II EHU shall be leased to tenants who are full t me mploy s h work in Eagle County. An EHU shall not be leased for a period less than thirty consecutive days. 3.A Type II EHU may not be sold, transferred, or conveyed separately from any two family dwelling it may be a part of. 4.The Type II EHU shall not be divided into any form of timeshares, interval ownership, or fractional fee ownership as those terms as defined in the Municipal Code of the Town of Vail. 5.The owner of each EI IU shall rent the unit at a monthly rental rate consistent with market rates prevalent for similar properties in the Town of Vail. The Owner agrees to provide verification of compliance upon reasonable request to the Town of Vail, of the terms and conditions of the current lease no more frequently than once a year. 6.The provisions of these restrictive covenants may be enforced by the Owner or the Town. 607579 2 11/18/1996 11:02A BK 711 PG 601 373 REC 11.00 DOC 0.00 NOT 0.00 Eagle County GlerkApril 2, 2019 - Page 19 of 196 7.The Town of Vail agrees to execute a termination of this covenant within 30 days of notification and verification that the EHU use has been terminated and has been merged into the Primary Unit, and is no longer capable of being separately leased. S.Tlie conditions, restrictions, stipulations and agreements contained herein shall not be waived, abandoned, terminated, or amended except by the written consent of both the Town of Vail and the Owner of the Property. TOWN OF VAIL, a Colorado Municipal Corporation By: Robert W. McLaurin, Town Manager Sue Dugan, Owner G~ 607579 2 STATE OP COLORADO 11/18/1996 11:02A BK 711 PG 601 373 REC 11.00 DOC 0.00 NOT 0.00 Eagle County Clerkss. COUNTY OF EAGLE The foregoing instrument was acknowledged before me thisZ~h day of ~-~.bOJy 1996 by Robert W. McLaurin as Town Manager of the Town of Vail, a Colorado Municipal Corporation. el~'i'th~Ss,rtl~ hand and official seal. p•„co t~s``tpn expires on: 1 r l T; a E y 1 r- ~o~n blic STATE OF COLORADO ss. COUNTY OF EAGLE The foregoing instrument was acknowledged before me this /~~day of ~O,.e~,_ 1996 by Sue Dugan, Owner. Witness my hand and official seal. M commission expir 3Yt . r";~ a c S ei'y'~ubhc c; o Fr•,i ElginewMtbmeYldocummtVu~an.rcJ 1 i,~h d ti 11i~~~'fi N ~ a, 1 1~~ v .r i't Ya v I ri ~IV C't° 3~ATbSC~i ~ . April 2, 2019 - Page 20 of 196 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Resolution No.17, Series of 2019, A Resolution A dopting an A mended Budget and Making A ppropriations to P ay the Costs, E xpenses, and L iabilities of the Vail L ocal Marketing District for its Fiscal Year J anuary 1, 2019 Through December 31, 2019 AT TAC H ME N TS: Description V L MD Supp 1- TO V April 2, 2019 - Page 21 of 196 To: Vail Town Council From: Vail Local Marketing District Date: April 2, 2019 Subject: Vail Local Marketing District 2019 Re-Allocation & Incremental Budget Supplemental I. BACKGROUND The Vail Local Marketing District (VLMD) approved the 2019 Operating and Plan and Budget on September 18, 2018 and the Vail Town Council approved on November 13, 2018. The mission of the Vail Local Marketing District is to market and promote Vail to attract overnight destination guests primarily during the May – October time frame, creating economic vitality by increasing both the visitor base and sales tax revenues. The marketing goals outlined in the 2019 VLMD operating plan are: Strengthen Vail’s position as a year-round destination that appeals to a broad audience, by elevating the summer brand position, increasing the following May – October metrics: • Sales tax • Lodging tax • Overall occupancy • Group occupancy II. OPPORTUNITIES • Increase overall overnight visitation during May – October, with an emphasis on need time periods • Increase presence in and visitation from Dallas, while supporting the EGE Flight • Increase visitation from Front Range • Capture additional brand assets • Produce and distribute additional social media video assets • Expand media/public relations push in Fall in the Front Range • Expand social influencer program April 2, 2019 - Page 22 of 196 • Expand email marketing efforts in late summer and fall to drive visitation from the Front Range • Conduct in-market research to better understand our primary audience III. RATIONALE a. Overall budget re-appropriation and incremental allocations place dollars strategically where and how we can have the most impact and tie efforts to results via Key Performance Indicators/ROI b. Destination media budget increases spend and penetration into our top destination market, building on our geographic strengths. The focus on Dallas (direct flight market) continues building on previous momentum, maintains our leadership position, and ensures market growth i. Destination Media budget +13% over baseline budget; with the incremental dollars focused on Dallas (baseline increases 33% for Dallas, spends already allocated to Houston & Chicago, as well as “Nationwide” digital) ii. Dallas remains a critical market for us to support; if flight loads decrease, we risk losing service – not something we want. iii. We know a guest flying into EGE in the summer is likely a Vail guest, and if our guests fly into Denver, they have many more destination choices iv. The Dallas market continues to be strong in ability and desire to visit Vail, with the direct flight and audience base. There is a reason the Houston flight went away; we should focus dollars where they are clearly working. v. Destination guests stay longer and spend more money, therefore we need bring the marketing spend back to levels more similar to 2018 vi. Dallas is consistently the #2 DMA (behind Denver) at typically 5%, with other major DMA's, including Houston at only 2%. vii. According to the Guest Profiler Research, Dallas shows strength with consistent early bookings and strong late bookings. viii. Traditional and digital media buys will be hyper-focused on exact neighborhoods and personas in Dallas ix. Fall is an opportunity for growth from Super Boomers and Active Professionals in Dallas, with flights, specific fall messaging and lower lodging rates c. Front Range media budget increases spend and penetration, bringing levels back to 2017-2018 i. Front Range budget +30% over baseline budget ii. Maintains our top of mind awareness in an always growing market iii. Allows messaging of new summer events, especially in need time periods iv. Fall is an opportunity for growth from Super Boomers and Active Professionals in the Front Range, with events, specific fall messaging and lower lodging rates d. Brand asset capture budget increases to include greater variety of footage, scenarios, and widen the talent pool to reflect our target audiences. i. Develop additional assets using existing footage for use in 2019 campaign ii. Capture additional video assets, including 360 degree video for use in organic social, web, etc. Town of Vail Page 2 April 2, 2019 - Page 23 of 196 iii. Build library with engaging footage & compelling stories for future campaign use e. Social Video budget increase to capitalize on successful long form social edits for Instagram, Facebook, Youtube, email and web that continue to build stories with unique points of view that exemplify the Vail brand and target personas. f. Public Relations budget increase to expand Fall messaging and expand influencer program i. PR efforts driving fall business, with Fall Harvest Dinner and with CBS travel editor Peter Greenberg’s radio show/podcast ii. Additional family influencer to extend message throughout summer to our primary Dynamic Family with teens persona g. Destination Research budget to allow the use of focus groups in three key destination markets to gain a much deeper understanding of our target audience of teens, their travel motivators, and how to authentically communicate with them and their parents h. Paid Email Marketing budget allows us to employ a complementary strategy to the organic email approach, with an emphasis on the late summer and fall to drive visitation through demographic and behavioral email targeting. i. Specifically targets audiences in the Front Range to encourage travel in need periods i. Summer Retail or Crisis budget sets aside easily accessible dollars for an integrated communications plan should the need arise Town of Vail Page 3 April 2, 2019 - Page 24 of 196 IV. BUDGET DETAIL Budgeted revenue from lodging tax collections is proposed to be increased by $200,000 to reflect actual collections in 2018. 2018 lodging tax collections of $3,489,289 increased 5.6% from 2017 actuals. The 2019 amended revenue budget for lodging tax is proposed at $3,500,000, flat with 2018. The $200,000 increase in revenue will be used to offset the incremental funding request below. Budgeted expenses of $200,000 originally earmarked for the Colorado Classic are requested to be re-appropriated. In addition, an incremental increase of $200,000, or 6% is requested. The amended 2019 budget is proposed at $3,500,000, flat with 2018 actuals. The request for a re-appropriation of the $200,000 and an incremental allocation of $200,000 is recommended to be spent as follows: • Destination & Front Range Media $200,000 • Brand Asset Capture $30,000 • Social Videos $51,000 • PR $25,000 • Destination Audience Research $30,000 • Email Marketing $20,000 • Summer Retail/Crisis $44,000 $400,000 The 2019 amended fund balance is projected to be $1,272,453, 36% of annual revenues and within Council’s 25% directive of annual revenues. V. ACTION REQUESTED OF VAIL LOCAL MARKETING DISTRICT Vail Local Marketing District recommends that the Vail Town Council consider the presentation and approve the requested incremental budget of $200,000 and a re- appropriation of $200,000. ATTACHMENTS VLMD Fund Statement Town of Vail Page 4 April 2, 2019 - Page 25 of 196 Unaudited 2018 2019 1st 2019 Actual Budget Supplemental Budget Income Lodging Tax 3,489,289 3,300,000 200,000 3,500,000 Interest Income 1,397 2,000 2,000 Total Income 3,490,687 3,302,000 200,000 3,502,000 Expense Destination 1,241,886 1,121,000 149,500 1,270,500 International 192,603 185,000 185,000 Front Range 189,401 190,000 81,500 271,500 Groups and Meetings 701,231 680,738 680,738 Public Relations Expenses 70,714 75,500 9,500 85,000 Content/Influencer Strategy 74,480 60,000 9,500 69,500 Photography / Video 122,000 124,100 20,000 144,100 Research 86,864 117,578 30,000 147,578 Web Site 50,211 53,000 53,000 Admin Miscellaneous 5,410 8,000 8,000 Email Marketing 6,500 5,850 5,850 Branding 113,000 77,200 77,200 Professional Fees Vail App 16,999 16,034 16,034 Legal and Accounting 25,000 25,000 25,000 Contingency 44,000 44,000 Advertising 32,272 32,200 51,000 83,200 Advertising Agent Fees 45,000 60,300 60,300 Marketing Coordination-TOV 95,000 91,000 91,000 Marketing Coordination-VVP 40,000 40,000 40,000 Professional Fees - MYPR 124,960 112,500 5,000 117,500 Ft Range Promotion Fees 22,000 - - Total Professional Fees 401,231 377,034 100,000 477,034 Special Event Funding Special Event Funding 200,000 200,000 (200,000) - Event Liaison 25,000 25,000 25,000 Total Special Events 225,000 225,000 (200,000) 25,000 Total Expense 3,480,531 3,300,000 200,000 3,500,000 Revenue over (Under) Expenditures 10,156 2,000 - 2,000 Beginning Fund Balance 1,260,297 862,297 408,156 1,270,453 Ending Fund Balance 1,270,453 864,297 1,272,453 Fund Balance (25% required) 36% 26% 36% VAIL LOCAL MARKETING DISTRICT 2019 BUDGET SUMMARY OF REVENUE EXPENDITURES AND CHANGES IN FUND BALANCE 5 April 2, 2019 - Page 26 of 196 Resolution No. 17, Series of 2019 RESOLUTION NO. 17 SERIES OF 2019 A RESOLUTION APPROVING AN AMENDED OPERATING PLAN AND BUDGET OF THE VAIL LOCAL MARKETING DISTRICT, FOR ITS FISCAL YEAR JANUARY 1, 2019 THROUGH DECEMBER 31, 2019 WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the “Charter”); and WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly elected and qualified; and WHEREAS, C.R.S. §29-25-110 requires the Council’s annual approval of the operating plan the Vail Local Marketing District (the “VLMD”). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council approves the operating plan and budget of the VLMD for marketing related expenditures beginning on the first day of January, 2019, and ending on the 31st day of December, 2019. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 2nd day of April, 2019. ___________________________________ Dave Chapin, Town Mayor Attested: _________________________ Tammy Nagel, Town Clerk April 2, 2019 - Page 27 of 196 TOWN COUNCIL 2019 VLMDAC REQUEST APRIL 2, 2019 April 2, 2019 - Page 28 of 196 AGENDA / •REVIEW OF 2019 GOALS •BUDGET RE-APPROPRIATION AND INCREMENTAL REQUEST April 2, 2019 - Page 29 of 196 REVIEW OF 2019 GOALS April 2, 2019 - Page 30 of 196 Strengthen Vail’s position as a year-round destination that appeals to a broad audience, by elevating the summer brand position. 2019 GOALS 2019 GOALS April 2, 2019 - Page 31 of 196 Increase the following May – October metrics: •Sales tax •Lodging tax •Overall occupancy •Group occupancy 2019 GOALS 2019 GOALS April 2, 2019 - Page 32 of 196 BUDGET RE-APPROPRIATION & INCREMENTAL REQUEST April 2, 2019 - Page 33 of 196 2019 ORIGINAL BUDGET / $3.3 MILLION The approved 2019 budget ($3.3 million) proposed a 10% ($300,000) decrease as compared with 2018 ($3.6 million) in order to maintain the minimum amount of reserves required (25%). April 2, 2019 - Page 34 of 196 2019 PROP0SED AMENDED BUDGET / $3.5 MILLION BUDGET REQUESTS: •$200,000 originally earmarked for the Colorado Classic is requested to be re- appropriated. •$200,000, or a 6% increase from the 2019 original budget is requested as an incremental increase. This will be offset by a $200,000 proposed increase in lodging tax collections. The 2019 amended budget is proposed at $3,500,000, flat with 2018 actuals. April 2, 2019 - Page 35 of 196 RECOMMENDATIONS FOR RE-APPROPRIATIONS & INCREMENTAL FUNDS ($400K) OPPORTUNITIES 1 Destination & Front Range Media: $200K Brand Asset Capture: $30K Social Videos: $51K 2 3 4 Public Relations: $25K 5 Destination Audience Research: $30K 6 Email Marketing: $20K 7 Summer Retail/Crisis: $44K April 2, 2019 - Page 36 of 196 QUESTIONS? THANK YOU! April 2, 2019 - Page 37 of 196 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Resolution No. 18, S eries of 2019, A Resolution Approving a Cooperative I ntergovernmental Agreement for Use of the 800 MHZ S ystem in the E agle River Valley B AC K G RO UND: The Eagle River Valley User A gencies previously entered into an Agreement for use of E agle County's 800 MHz W ide A rea S martzone Trunked Radio Services dated on or around A ugust 17, 2010, governing the use of the 800 MHz radio system in Eagle County. T he User Agencies wish to supersede the Previous A greement with the current I ntergovernmental A greement to provide for continuing access to the system by the User A gencies and to reallocate the decision-making responsibilities of the User A gencies for the system. AT TAC H ME N TS: Description Resolution No. 18, Series of 2019 April 2, 2019 - Page 38 of 196 Resolution No. 18, Series of 2019 RESOLUTION NO. 18 SERIES OF 2019 A RESOLUTION APPROVING A COOPERATIVE INTERGOVERNMENTAL AGREEMENT FOR USE OF THE 800 MHZ SYSTEM IN THE EAGLE RIVER VALLEY WHEREAS, the Eagle River Valley User Agencies (the “User Agencies”) previously entered into an Agreement for Use of Eagle County's 800 MHz Wide Area Smartzone Trunked Radio Services dated on or around August 17, 2010, governing the use of the 800 MHz radio system in Eagle County (the "Previous Agreement”); WHEREAS, the User Agencies wish to supersede the Previous Agreement with the current Intergovernmental Agreement (the "IGA"), attached hereto as Exhibit A and incorporated herein by this reference, to provide for continuing access to the system by the User Agencies and to reallocate the decision-making responsibilities of the User Agencies for the system; and WHEREAS, the Council’s approval of this Resolution is required to enter into the IGA. NOW, THEREFORE, BE IT RESOLVED BY TOWN COUNCIL FOR THE TOWN OF VAIL, STATE OF COLORADO: Section 1. The Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. ATTEST TOWN OF VAIL ______________________________ _____________________________ Tammy Nagel, Town Clerk Dave Chapin, Mayor April 2, 2019 - Page 39 of 196 COOPERATIVE INTERGOVERNMENTAL AGREEMENT FOR USE OF THE 800 MHz SYSTEM IN THE EAGLE RIVER VALLEY THIS AGREEMENT is made this parties: of ____ _, 2019 by and among the following the County of Eagle, Colorado ("Eagle County"), Eagle County Paramedic Services, Eagle County School District, Eagle River Fire Protection District, Eagle River Water and Sanitation District, Greater Eagle Fire Protection District, Gypsum Fire Protection District Town of Avon, Colorado, Town of Eagle, Colorado Town of Gypsum, Colorado, Town of Vail, Colorado each a "User Agency," or a "Party," and together, the "User Agencies" or the "Parties." Recitals Whereas, the User Agencies previously entered into an Agreement for Use of Eagle County's 800 MHz Wide Area Smartzone Trunked Radio Services dated on or around August 17, 2010, governing the use of the 800 MHz radio system in Eagle County (the "Previous Agreement"); and Whereas, the User Agencies wish to supersede the Previous Agreement with the current Intergovernmental Agreement ("IGA") or ("Agreement") to provide for continuing access to the System by User Agencies and to reallocate the decision-making responsibilities of the User Agencies for the System; and Whereas, the Parties desire to establish terms and conditions to govern the use of and access to the System and to provide for its operation, maintenance, and repair; and NOW THEREFORE, the User Agencies agree as follows: 1. The System. The System is a radio communications system comprised of sites, infrastructure, and other assets that allow the User Agencies and other users to communicate throughout the state. a. Only organizations that conduct operations as, or are directly affiliated with, public safety organizations may use the system. 2. Executive Committee. a. The Executive Committee shall be comprised of up to 13 voting members. April 2, 2019 - Page 40 of 196 i. Each User Agency shall each designate a representative to the Executive Committee. Each User Agency shall submit the name of their designated representative to the Operations Employee by January 31st of each year. 11. The Executive Committee may also appoint up to two additional at large members on a yearly basis. At large members must be from a User Agency, Cooperating Agency, or system user, provided that no User Agency shall have more than two representatives. m. No voting member of the Executive Committee shall be an Eagle County employee paid with 800 MHz funds, as contemplated by Section 6(b ), below. b. The Executive Committee shall: 1. Adopt bylaws governing the Executive Committee's decision- making processes; IL Adopt policies and procedures governing the execution of any of the functions of the Executive Committee; 111. Adopt rules and regulations as necessary for the use of the System and associated equipment, in accordance with all applicable local, state, and federal rules, regulations, and policies and in accordance with policies or operating procedures set forth by the Consolidated Communications Network of Colorado, Inc.("CCNC"); iv. Provide for training for the use of the System; v. Grant access to the System by additional organizations (the "Cooperating Agencies") when access will be for the benefit of the citizens and visitors of Eagle County. The currently-approved Cooperating Agencies are set forth in Exhibit A. vi. Agree upon a budget for each year, which must include a fee formula that considers both number of radio units and amount of airtime usage, for the use of the 800 MHz funds to present to the County Finance Department no later than June 1 of each year for approval by the Board during its yearly budgeting process; vii. Decide on how the funds under the charge of the Committee shall be spent, as long as such spending is anticipated by the budget adopted by the Board. vm. Refer any contracts necessary for the system to the Board of County Commissioners for signature. ix. Coordinate with all User Agencies and Cooperating Agencies regarding necessary appropriations for to cover unforeseen expenses; and x. Appoint steering committees as desired or necessary. April 2, 2019 - Page 41 of 196 3. Technical Operations Committee. a. The Technical Operations Committee ("Tech Ops Committee") is an existing committee and is comprised of any representative of User Agencies or other users that have an interest in the operations of the system. b. The Tech Ops Committee shall: L Adopt bylaws governing the Tech Ops Committee's decision- making processes; 11. Assist in planning for the operation of the system including without limitation through considering and making recommendations related to talk group names, functions or aliases, or any other programming matters; and 111. Meet periodically as needed or at the request of the operations employee, the Chair of the Executive Committee, or the Board of County Commissioners. 4. User Agencies. a. User Agencies own their own equipment and retain control over the equipment they own. b. Each User Agency shall pay reasonable fees for the use of the System, as determined by the fee schedule adopted by the Executive Committee. c. Each User Agency shall adhere to the rules and regulations governing the use of the System, as adopted by the Executive Committee. d. Eagle County holds licenses from the FCC for the operation of the System. Each User Agency and any of its employees, representatives, agents, and volunteers shall comply with all terms of the license, all federal, state, and local laws, orders, and regulations, as well as policies and procedures set forth by the Consolidated Communications Network of Colorado, Inc. ("CCNC") with respect to the use of the System. 5. Cooperating Agencies. a. All organizations receiving programming and support from Eagle County not identified as a User Agency shall be a Cooperating Agency. b. Cooperating Agencies will charged a fee based on the funding formula adopted by the Executive Committee. 6. Eagle County. a. Eagle County will enter into leases to use as sites for the System. b. Eagle County will enter into contracts as necessary for the operation, maintenance, and repair of the System. c. Eagle County will serve as employer for any employees necessary to ensure the continued operation of the System. Any employees will operate under the County's general employment policies. All employees will conduct operations for April 2, 2019 - Page 42 of 196 the best interests of all the users of the system under the rules and regulations adopted by the Executive Committee. 7. Prior Agreements. This Agreement supersedes the Previous Agreement. 8. No multiple fiscal year obligation. Obligations in this Agreement are contingent upon each of the Parties appropriating, budgeting, and otherwise making funds available in each year for the purposes herein, in accordance with Article 24, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29-1-101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 9. Term and effective date. This Agreement shall become effective upon signature of an authorized representative of the governing body of a Party. Except as provided herein, this Agreement shall remain in effect until December 31, 203 9, unless sooner terminated by agreement of all the Parties, or pursuant to the terms of Sections 8 or 9, below. 10. Termination. Voluntary termination by a Party requires 30 days of advance notice. No refunds are available for fees already paid for a given year. To avoid fees for the subsequent year, notice must be given by no later than June 30. Upon termination of a Party's participation in the Agreement, whether voluntary or due to a breach, the Party at its own expense shall immediately reprogram its radios containing System programming and parameters, and provide documentation of such reprogramming. 11. Breach. A failure to pay fees owed for use of the system for over 180 days or violation of the rules or regulations for the use of the System is a material breach under this Agreement. The breaching party must demonstrate an attempt to cure the breach within 30 days of notice of the breach by the Executive Committee or by any Party or the Agreement as to the breaching Party shall terminate. 12. Enforcement. Any one or more of the Parties may enforce this Agreement by any legal or equitable means including specific performance, declaratory, and injunctive relief. No other person or entity shall have any right to enforce the provisions of this Agreement. 13. Employment Status. Nothing in this Agreement, and no performance under this Agreement, alters or modifies the employment status of officers, agents, or employees of any of the Parties. 14. Immunity. Nothing in this agreement waives, limits, or otherwise modifies the governmental immunity that may be available by law to any of the Parties, their officials, employees, contractors, agents, or any other person acting on behalf of any of the Parties. In particular, immunity pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes is not waived. This paragraph shall survive termination of this Agreement. 15. Authority, Governing Law, and Venue. This Agreement is promulgated under the laws of the State of Colorado, including C.R.S. § 29-1-201. Each and every term, provision, or condition herein is subject to and shall be construed in accordance with the provisions of Colorado law, the charters of the Parties, if applicable, and the ordinances and regulations enacted pursuant thereto. Venue shall lie in the County of Eagle. April 2, 2019 - Page 43 of 196 -. 16. Severability. All agreements and covenants in this Agreement are severable. If a court of competent jurisdiction holds any of them invalid, this Agreement will be interpreted as if the invalid terms were not included. 17. Waiver. No waiver of any breach or default under this Agreement shall be a waiver of any other or subsequent breach or default. 18. No Third Party Beneficiary. The Parties, in their corporate and representative governmental capacities, are the only entities intended to be the beneficiaries of this IGA, and no other person or entity is so intended. 19. Amendments. Amendments to this IGA may be made with consent in writing by all the Parties. 20. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same Agreement. Facsimile signatures shall be acceptable and binding on all parties. 21. Notices. All notices under this Agreement shall be in writing and shall be delivered by certified mail, by email as long as the recipient acknowledges receipt, or hand delivered to the following: April 2, 2019 - Page 44 of 196 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: March 5, 2019 Town Council Meeting Minutes AT TAC H ME N TS: Description March 5, 2019 Town Council Meeting Minutes April 2, 2019 - Page 45 of 196 Town Council Meeting Minutes of March 5, 2019 Page 1 Vail Town Council Meeting Minutes Tuesday, March 5, 2019 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Kim Langmaid Jen Mason Greg Moffet Staff members present: Greg Clifton, Town Manager Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation Jeff Babb, representing Vail Resorts, reminded council of the last 10th Mountain Legacy Parade taking place on Friday, March 8th at 7pm. This event has exceeded expectations! Babb thanked the town and the Commission on Special Events for a great partnership. 2. Proclamations 2.1. Proclamation No. 4, Series of 2019, In Recognition of Vail's Trailblazer Award Recipient Glenn Porzak Presenter(s): Dave Chapin, Mayor Action Requested of Council: Read and approve proclamation. Background: Glenn Porzak was chosen as the fourth recipient of the Vail Trailblazer Award, a water rights attorney who worked tirelessly through the decades to advance and protect water rights for Vail. Each council member read a portion of Proclamation No. 4 into the record. Unfortunately Glenn Porzak was unable to attend the meeting due to weather and pass closures. Rick Sackbauer, Vail resident, spoke about Porzack’s water rights accomplishments and reasons why Porzack deserved the 2019 Trailblazer Award. Porzak, a noted water rights attorney, would be recognized at the Annual Community Meeting on March 12 th at Donovan Pavilion. Moffet made a motion to approve Proclamation No. 4, Series of 2019; Foley seconded the motion passed (7-0). 3. Presentations / Discussion April 2, 2019 - Page 46 of 196 Town Council Meeting Minutes of March 5, 2019 Page 2 3.1. Eagle County Law Enforcement Agencies awarded the 2018 “Serve Us” Award from the Colorado Special Olympics Presenter(s): Town of Vail Dispatcher Fernando Almanza and Officer Nick Deering Background: The Eagle County law enforcement agencies were awarded the 2018 “Serve Us” Award from the Colorado Special Olympics. The Vail Police Department participates in a number of events to raise funds for the Special Olympics including; Tip a Cop, Torch Run and the Polar Plunge. Dispatcher Fernando Almanza and Officer Nick Deering will update the Council on the award and upcoming events. Dispatcher Almanza and Officer Deering told council about the Police Department’s participation in a number of events to raise funds for the Special Olympics including Tip a Cop, Torch Run and the Polar Plunge. They requested council members to join them at the Polar Plunge at Nottingham Lake on March 30 th. 4. Appointments for Boards and Commissions 4.1. Appoint 3 Members to the Building and Fire Codes Appeals Board (B&FCA) Presenter(s): Dave Chapin, Mayor Action Requested of Council: Make a motion to appoint three persons to serve as the “regular member” and appoint two people to serve as alternates on the Building & Fire Code Appeals Board for a five year term ending March 31, 2023. Bruno made a motion Rollie Kjesbo, Steve Loftus and Kyle Webb to the Building and Fire Code Appeals Board; Langmaid seconded the motion passed (7 -0). 5. Any action as a result of executive session Council asked that a potential pre -development agreement for acquisition of deed -restrictions associated with the East Vail parcel be scheduled for discussion at the March 19 meeting and that the proposed term sheet be released for public review as soon as possible. 6. Consent Agenda 6.1. Resolution No. 12, Series of 2019, A Resolution Approving a Third Amendment to Agreement Between Eagle County Housing and Development Authority and The Town of Vail. Moffet made a motion to pass Resolution No. 12, Series of 2019; Foley seconded d the motion passed (7-0). 6.2. Resolution No. 13, Series of 2019, A Resolution Adopting the 2018 Eagle County CO Hazard Mitigation Plan Update Moffet made a motion to pass Resolution No. 13, Series of 2019; Foley seconded d the motion passed (7-0). April 2, 2019 - Page 47 of 196 Town Council Meeting Minutes of March 5, 2019 Page 3 6.3. February 5, 2019 Town Council Meeting Minutes Foley made a motion to pass February 5, 2019 meeting minutes; Mason seconded the motion passed 6-0 (Moffet was absent from the February 5 meeting). 6.4. February 19, 2019 Town Council Meeting Minutes Moffet made a motion to pass the February 19, 2019 meetin g minutes; Foley seconded the motion passed (7-0). 6.5. Stephens Park Water Quality Contract Award Moffet made a motion to authorize the Town Manager to enter into an agreement with Icon Inc. in the amount of $70,000.00; Mason seconded the motion passed (7 -0). 6.6. Contract Award Ford Park Weather Shelter Background: The purpose of this item is to request the Town Council to direct the Town Manager to enter into a construction contract with RA Nelson, Inc. in an amount not to exceed $535,527 for the construction of the Ford Park Softball Field Weather Shelter. Moffet made a motion to authorize the Town Manager to enter into an agreement with RA Nelson in the amount of $535,527.00; Mason seconded the motion passed (7 -0). 6.7. Contract Award 2019 Landscape Improvement Projects at Buffehr Creek Park and Ford Park Background: The purpose of this item is to request the Town Council to direct the Town Manager to enter into a construction contract with GH Daniels III and Associates, Inc. in an amount not to exceed $94,089.19 for the 2019 Landscape Improvement Projects. Projects include Turf Reduction Pilot Project at Buffehr Creek Park and Ford Park Frontage Road Landscaping. Moffet made a motion to authorize the Town Manager to enter into an agreement with GH Daniels in the amount of $94,089.19; Mason seconded the motion passed (7 -0). 6.8. Design Contract Award for Gore Valley Trail Improvements along Vail Valley Drive Background: This past fall Council budgeted funds for 2019 to move forward with a public design process to evaluate concepts that might provide a safer experience for pedestrians and motorists along Vail Valley Drive. The goal will be to find an acceptable improved solution for Vail Valley Drive from the Ford Park Soccer field lot to Ptarmiga n Road east, and possibly the entire length out to Sunburst Drive. Town staff recommends that Council Authorize the Town Manager to enter into a design contract, in a form approved by the town attorney, with Roaring Fork Engineering & Norris Design in the amount of $69,542. Moffet made a motion to authorize the Town Manager to enter into an agreement with Roaring Fork Engineering & Norris Design in the amount of $69,542; Mason seconded the motion passed (7-0). April 2, 2019 - Page 48 of 196 Town Council Meeting Minutes of March 5, 2019 Page 4 6.9. 2019 Vail Concrete Replacement Project Contract Award Background: The Town of Vail publically bid the replacement of concrete in various locations throughout town, most notably; the Vail Transportation Center bus ramps, the Public Works bus wash heated concrete apron and the lower portion of the heated concrete stairs adjacent to Concert Hall Plaza. The Town received three bids. Town staff recommends that Council authorize the Town Manager to enter into a construction contract, in a form approved by the Town Attorney, with Icon Inc. in the amount of $207,626. Moffet made a motion to authorize the Town Manager to enter into an agreement with Icon Inc. in the amount of $207,626.00; Mason seconded the motion passed (7 -0). 7. Town Manager Report 7.1. Business Solicitation in Commercial Zoning Districts The Town Manager reviewed his report with council. Additionally, Clifton spoke to council about complaints his office had been receiving regarding solicitation in the Village. Clifton recommended bringing an ordinance for Council’s consideration that would make certain business solicitation techniques more enforceable. Council agreed, but wanted to see enforcement to continue. 8. Action Items 8.1. Award of three construction contracts for four Riparian Buffer Planting Projects along Gore Creek Presenter(s): Gregg Barrie, Senior Landscape Architect Action Requested of Council: Staff requests the following: 1. Acknowledge, by show of hands, that awarding the contracts listed below will require re - appropriation of 2018 funds to the 2019 budget during the next Supplemental Budget Appropriation in April of 2019. 2. Authorize the Town Manager to enter into a contract with Energes Services, LLC in the amount of $ 21,639.15 for Project 1: Vail Golf Course 3. Authorize the Town Manager to enter into a contract with SHC Landscape Company in the amount of $ 34,110.10 for Project 2: Vail Village 4. Authorize the Town Manager to enter into a contract with Rocky Mt Custom Landscapes in the amount of $ 92,006.27 for Project 3: Lionshead West and the East Vail Interchange Background: See Memorandum Staff Recommendation: Staff recommends awarding the contracts as outlined in the memorandum April 2, 2019 - Page 49 of 196 Town Council Meeting Minutes of March 5, 2019 Page 5 Gregg Barrie, Senior Landscape Architect, provide d council a brief review of the design and bid process for more than three miles of stream bank vegetation work had been completed for four separate project areas. The work includes the installation of more than 5,000 individual plants, drainage work, signage, irrigation and native seeding. The project areas include:  East Vail Interchange to Bridge Rd,  areas of the Vail Golf Course,  Ford Park to Vail Rd and  Lionshead Skier Bridge to Cascade Village. Some areas will be planted for the first time and some areas will see plants added to 2017 projects to ensure their success. The projects would be installed throughout the summer starting in late April and finishing in early August depending on the type of work, the project location and the plants’ proximity to the ordinary high -water mark. Barrie explained very little plan ting work was completed during 2018 due to drought conditions. During the 2019 budget discussions, staff requested only $100,000 (down from $400,000 in the 5-year Plan) for 2019 with the idea that unspent 2018 Gore Creek Restoration funds could be re-appropriated. In order to sign contracts for the 2019 projects the Town Council would need to re-appropriate 2018 funds to 2019 at the next Supplemental Budget Appropriations anticipated to occur in April. Barrie stated to get contracts signed and to be prep ared to begin work in April Council was acknowledging they would re -appropriate the 2018 funds for these contracts in 2019. There was no public comment. Moffet made a motion to:  acknowledge the re-appropriation of 2018 funds to the 2019 budget during the next Supplemental Budget Appropriation in April of 2019;  Authorize the Town Manager to enter into a contract with Energes Services, LLC in the amount of $ 21,639.15 for Project 1: Vail Golf Course;  Authorize the Town Manager to enter into a contract w ith SHC Landscape Company in the amount of $ 34,110.10 for Project 2: Vail Village; and  Authorize the Town Manager to enter into a contract with Rocky Mt Custom Landscapes in the amount of $ 92,006.27 for Project 3: Lionshead West and the East Vail Interchange; Bruno seconded the motion passed (7 -0). 8.2. Lion Square Lodge - Permission to Proceed Presenter(s): Chris Neubecker Action Requested of Council: The Community Development Department requests that the Town Council evaluate the proposal to utilize Town of Vail property for the purposes of vehicular access to the Lion Square Lodge parking lot. This utilization of Town of Vail property would be subject to the terms of an Access Easement, which will be scheduled for a future Town Council meeting. Staff Recommendation: The Lion Square Lodge building current has a parking lot on the northwest side of the building, with access taken from Lionshead Place. The existing driveway entering the parking lot is at the north end of the lot, and is close to the Arrabelle property. The new driveway location will improve vehicular and pedestrian safety in the area. April 2, 2019 - Page 50 of 196 Town Council Meeting Minutes of March 5, 2019 Page 6 Chris Neubecker, Community Development Planning Manager, explained the Executive General Manager of the Lion Square Lodge, located a t 660 Lionshead Place, requested permission to proceed through the Design Review process for improvements to the building’s parking lot access located partially on Town of Vail property (Tract A, Vail Lionshead Filing 3). The applicant requests permission to proceed through the Design Review Board processes and, if approved, to obtain an Access Easement from the Town of Vail for the improvements. The Council was being asked to authorize the applicant to move forward with a planning application that utilizes Town owned property for commercial uses. The access easement would be presented at a future meeting date, and granting approval to proceed through the Design Review process does not obligate the Town to granting the easement . Moffet made a motion to allow Lions Square Lod ge to proceed through the DRB process; Foley seconded the motion passed (6 -0 Coggin opposed). 8.3. Ordinance No. 4, Series of 2019, First Reading, An Ordinance Amending Section 12-7H-12, Density, Vail Town Code, and Section 14 -8-1, Vail Town Code, to Remove the Dwelling Units per Acre Maximum While Maintaining the Existing Dimensional Standards Including GRFA and Building Height in the Lionshead Mixed Use -1 Zone District. Presenter(s): Chris Neubecker, Community Development Planning Manager Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 4, Series of 2019, upon first reading. Background: The proposed change to the density maximum in Lionshead Mixed Use -1 zone district will encourage redevelopment of properties in the Lionshead area, as encouraged by the Lionshead Redevelopment Master Plan. Staff Recommendation: The Community Development Department recommends approval of Ordinance No. 4, Series of 2019 on First Reading. Chris Neubecker, provided council a review of the zoning code amendment explaining that Lionshead mix use 1 would be the only zone district affected by this ordinance amendment. The applicant, the Treetops Condominium Association, represented by Mauriello Planning Group, was proposing to remove the maximum number of dwelling units per acre (density) within the Lionshead Mixed Use -1 (LMU-1) zone district, so that there would be no limit on density. No changes are proposed to the existing limits on Gross Residential Floor Area (GRFA), building heights, setbacks, site coverage, landscaping, or any other dimensional standard. The proposed text amendment would apply only to properties within the Lionshead Mixed Use-1 (LMU-1) zone district. Would change the number of units you could have. Provide flexibility for redevelopment. It would allow the developer to decide how many units. The building itself would stay the same, but the units inside would change. Dominic Mauriello, representing the Treetops Condominium provided a PowerPoint of the proposed redevelopment of the Treetops and how the original footprint would stay the same, but how there were unlimited uses of the space within the building. Public comment was called. A representative from Slifer Smith & Frampton Real Estate is also offering support for the ordinance, noting the current difficulties involved in fractional fee product types. April 2, 2019 - Page 51 of 196 Town Council Meeting Minutes of March 5, 2019 Page 7 A property owner at Concert Hall Plaza also expressed support for the ordinance. Council members agreed Lion shead needed updating and bringing more people to the core area, but expressed concern with the wording “unlimited” and would like a more definite number and additional information on the impacts on water and parking at the April 2 council meeting. Moffet made a motion to approve , on first reading, Ordinance No. 4, Series of 2019 with more information to presented during second reading at the April 2 nd Council meeting; Coggin seconded the motion passed (5 -2 Foley and Langmaid opposed). 9. Public Hearings 9.1. Ordinance No. 1, Series of 2019, Second Reading, An ordinance for a Zone District Boundary Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code to allow the rezoning of 4722 Meadow Drive (Bighorn Townhouses “Parking Easement” Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Low Density Multiple-Family District and setting forth details in regard thereto. Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The Vail Town Council shall approve, approve with modificati ons, or deny Ordinance No. 1, Series of 2019, upon second reading. Background: The applicant, Bighorn Townhouse Association, represented by Mauriello Planning Group, is requesting a zone district boundary amendment, pursuant to Section 12 -3-7, Amendment, Vail Town Code, to allow for the rezoning of 4722 Meadow Drive (Bighorn Townhouses “Parking Easement” Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Low Density Multiple - Family District (LDMF). This application is being processed concurrently with a Land Use Plan Amendment (PEC18 - 0046) that will facilitate, if approved by the Town Council, an application for the development of the subject property for residential garages. Staff Recommendation: On January 14, 2019, the Planning and Environmental Commission (PEC) forwarded a unanimous recommendation, for approval, for a zone district boundary amendment, pursuan t to Section 12-3-7, Amendment, Vail Town Code. Jonathan Spence, Senior Planner, confirmed there were no changes since first reading. There was no public comment. Moffet made a motion to approve Ordinance No. 1, Series of 2019 upon second reading; Foley second the motion passed (7 -0). 9.2. Ordinance No. 2, Series 2019, Second Reading, An Ordinance Amending Portions of Title 4, Chapter 3, of the Vail Town Code Related to Sales Tax to Adopt Certain Statewide Standardized Definitions and to Make Revenue - Neutral Amendments Needed to Implement Those Definitions. April 2, 2019 - Page 52 of 196 Town Council Meeting Minutes of March 5, 2019 Page 8 Presenter(s): Carlie Smith, Finan cial Services Manager and Alex Jakubiec, Sale Tax Administrator Action Requested of Council: Approve or Approve with Amendments Ordinance No.2, Series 2019 Upon 2nd Reading. Background: Please See Attached Memo. Staff Recommendation: Approve or Approve with Amendments Ordinance No.2, Series 2019 Upon 2nd Reading. Alex Jakubiec, Sales Tax Administrator, stated there were no changes since first reading. There was no public comment. Moffet made a motion to approve Ordinance No. 2, Series of 2019 upon s econd reading; Foley seconded the motion approved (7 -0). 10. Adjournment There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned at 7:35 p.m. Respectfully Submitted, Attest: __________________________________ Dave Chapin, Mayor ___________________________________ Tammy Nagel, Town Clerk April 2, 2019 - Page 53 of 196 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: March 19, 2019 Town Council Meeting Minutes AT TAC H ME N TS: Description March 19, 2019 Town Council Meeting Minutes April 2, 2019 - Page 54 of 196 Town Council Meeting Minutes of March 19, 2019 Page 1 Vail Town Council Meeting Minutes Tuesday, March 19, 2019 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Kim Langmaid Jen Mason Greg Moffet Staff members present: Greg Clifton, Town Manager Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation There was no public comment 2. Proclamations 2.1. Art in Public Places Board Appointments Presenter(s): Dave Chapin, Mayor Action Requested of Council: Motion to appoint two people to the AIPP Board for a two year term ending March 31, 2021. Bruno made a motion to appoint Susan Bristol and Margaret Rogers to the AIPP Board for a two-year term each; Foley seconded the motion passed (7 -0). 2.2. Design and Review Board Appointments Presenter(s): Dave Chapin, Mayor Action Requested of Council: Motion to appoint two members to serve on DRB for two-year terms. Bruno made a motion to appoint Doug Cahill and Peter Cope to the DRB Board for a two-year term each; Moffet second the motion passed (7 -0). 2.3. Motion to appoint three members to the Planning and Environmental Commission (PEC) April 2, 2019 - Page 55 of 196 Town Council Meeting Minutes of March 19, 2019 Page 2 Presenter(s): Dave Chapin, Mayor Action Requested of Council: Appoint three members to serve on PEC for two -year terms. Bruno made a motion/to appoint Brian Gillette, Karen Perez and John -Ryan Lockman to the PEC Board for a two-year term each; Moffet seconded the motion passed (7-0). 3. Consent Agenda 3.1. Colorado Outdoor Recreation District Letter of Support Moffet stated he was uncomfortable supporting the letter as he hasn't read the federal legislation. In lieu of taking action tonight, Chapin suggested letters be sent by individual council members who wish to follow up personally. There was no motion. 4. Town Manager Report 4.1. Town Manager Report Greg Clifton, Town Manager, provided an update on planning meetings currently taking place to help improve the trailhead situation at Booth Falls this summer. Clifton stated there would be more information to come. 5. Action Items 5.1. Holy Cross Franchise Agreement Discussion Presenter(s): Greg Hall, Public Works Director Background: The Town's franchise agreement with Holy Cross Energy will be expiring in May 2019. It is a 20 year agreement. Staff has been meeting with representatives with Holy Cross to negotiate possible terms for the new franchise a greement, which should be coming to Town Council by ordinance in April. One salient term concerns the underground of existing overhead lines. It is largely a safety issue and an aesthetic one as well. To fund this in past years, the existing franchise agreement provides for an enhancement fund to help capitalize these underground projects. The fund has been insufficient as the projects are very costly. Staff is proposing an increased revenue source, derived from the franchise fee. The enclosed memo provides details. Greg Hall, Public Works Director, reviewed the history of the Holy Cross Energy franchise agreement and the proposal of raising the franchise fee from 3% to 4%. The franchise agreement between the Town of Vail and Holy Cross Energy is nearing its renewal period. It was a 20-year agreement that was executed in 1999. Hall stated the franchise agreements regarding electric utilities typically deal with terms, franchise fee s, relocations, undergrounding, audits, and related. The current undergrounding project the Town had undertaken was budgeted at $2,138,066 for 7,500 feet of undergrounding or $285/lineal feet. There were approximately 38,000 lineal feet of overhead lines remaining in Vail. At those current costs, it could take close to 52 years to underground the remaining lines based solely upon use of the Community Enhancement Funds. Hall stated the funds from increasing the franchise fee from April 2, 2019 - Page 56 of 196 Town Council Meeting Minutes of March 19, 2019 Page 3 3%- 4% would be used to underground the remaining utility lines. Public comment was taken. Mark Gordon, Vail Resident, suggested using the proposed increased funding to bond against it to accelerate the undergrounding work. Penny Wilson, Vail Resident, agreed on getting the lines buried sooner for safety reasons. Council members noted the increase would have a bigger impact on residents with electric heat. Moffet made a motion to direct staff to negotiate a new 20 year franchise agreement to include an increase in franchise fee from 3 to 4% to be adopted in April by ordinance; Foley seconded the motion passed (7-0). 5.2. East Vail Parcel – Public Discussion of a Draft Term Sheet for Review and Consideration. Following review and discussion of the term sheet, the Vail Town Council is being asked to provide direction on this action item to the Town Attorney/Town Manager. Presenter(s): George Ruther, Housing Director Action Requested of Council: The Vail Town Council is asked to answer the following question and provide direction to the Town Attorney/Town Manager on this acti on item: Background: The purpose of this action item is to present the terms under consideration by the Vail Town Council to acquire at least 40 residents - occupied, deed-restrictions in a potential East Vail Parcel development expected to be proposed by Triumph Development. The outcome of the Town’s potential participation would result in a 100% deed -restricted development of approximately 130 to 140, one and two bedroom, for-rent homes for Vail residents. The purpose of this action item is not to discus s the merits of a potential development review application for development on the East Vail Parcel. The review of a development application, if or when submitted, will occur during the course of the development review process with the Town of Vail Planning & Environmental Commission. Staff Recommendation: The Town of Vail staff recommends the Vail Town Council engage in a public discussion specific only to the proposed terms of a potential development agreement with Triumph Development to acquire at least 40 resident-occupied, deed-restrictions on the East Vail Parcel, if a development plan is approved by the Town of Vail Planning & Environmental Commission. It is to be further noted, that nothing herein constitutes an approval of any development review application by the Town of Vail’s relevant reviewing agencies and the Town of Vail cannot guarantee an approval of a development review application submitted by any owner of real property. Town Attorney Matt Mire was asked to clarify for the council and pub lic the following:  The title for the property was clear:  Any comments regarding a future development application should be made at the Planning & Environmental Commission and not the Town Council;  A public vote was not possible on this matter; and  No council member had a conflict of interest concerning this matter. April 2, 2019 - Page 57 of 196 Town Council Meeting Minutes of March 19, 2019 Page 4 George Ruther, Housing Director, addressed council concerning a possible development on a parcel owned by Vail Resorts located in East Vail. Ruther stated that Triumph Development was currently working with Vail Resorts in purchasing the parcel for a deed restricted housing and open space. The current zoning required at least 70% of the development to be resident occupied, deed restricted homes for Vail residents. The Town had an opportunity to purchase the remaining 30% to create 100% affordable housing. The terms to acquire the remaining 30% were:  Town of Vail purchases the entire +/- 23 acre East Vail Parcel from Triumph Development for $4M.  Triumph Development signs a 10-Year Ground Lease with an obligation to purchase the +/- 5.4 acre Housing Parcel from the Town of Vail for $2.5M.  On or before the end of Year 10, the Town of Vail recovers $2.5M.  Town of Vail acquires up to 45 resident-occupied deed restrictions on 30% of the total GRFA of the development.  The Town of Vail retains ownership of the +/- 17.9 acre NAP Parcel.  Total net investment of $1.5M yielding at least 40 deed restricted homes (30%) Ruther noted that any action tonight did not guarantee approval of a development application for the property by the PEC. Public comment was called. Charlyn Canada, Vail Resident did not support the term sheet and would rather see a sign on the East Vail parcel stating the To wn and Vail Resorts dedicated this land to the sheep. Bobby Lipnick, who co-chairs the Eagle County Housing Task Force, said housing was needed where people live, work and recreate. He supported a 100% deed restricted development. Rick Smith, an executive with Vail Health, explained the difficulties in retaining employees at the hospital due to lack of affordable housing. An East Vail resident who manageed employee housing for Vail Mountain provided examples about the struggles with housing frontline employees. Ben Gilbert, Moe’s BBQ, stated it was very difficult to attract and retain employees due to the lack of affordable housing opportunities. Trent Olson reminded council the #1 issue was housing and the front line employees could not afford to live here. Need the housing! Jonathan Staufer, Vail resident, d id not agree with the housing being proposed on this parcel. Staufer felt the wildlife needed protection. Elise Howard, Vail resident, was in 100% support of 100% deed restriction housing. Howard reiterated the need to home critical employees such as teachers and nurses. Matt Morgan, owner of Sweet Basil, was 100% in favor of the Town acquiring 100% deed restriction housing on the East Vail parcel. Morgan stated there had been a drop in service levels due to lack of affordable housing. April 2, 2019 - Page 58 of 196 Town Council Meeting Minutes of March 19, 2019 Page 5 Larry Stewart, Vail resident, stated the action be discussed tonight was “surreal." He questioned the sequencing of decisions and didn’t like the developer profiting from the deal. S aid it's the cart before the horse. He suggested tabling this decision until the application was submitted. Steve Lindstrom, VLHA, was 100% in support of the terms to acquire 100% deed restriction. Pam Stenmark, a resident of East Vail, questioned if the facts being presented were accurate. Stenmark stated “market rate" was not affordable housing. She was concerned about the town subsidizing housing for a profitable company. Susan Byrd, was a 100% for deed restriction, but would like to see thi s topic tabled until there was more information. Tom Vucich is asking for more clarification from the Town Attorney regarding questions as to conflict of interest on the Town Council. Anne Esson urged caution in moving forward with this project. Esson stated the impacts would be irreversible. Betsy Kiehl, East Vail resident, thanked some Council members for answering her emails. Feel did not agree with the parcel being used for deed restriction housing and questioned if Council member Coggin had a conflict with this project. She reminded Council to be thoughtful and not hastily. Patty Marsh, Vail resident, stated the need for affordable housing was a must but there were other options than this parcel. Marsh stated she supported housing but felt this was the wrong location. Gram Glass, Vail resident, asked Council to not vote yes. Public comment was closed. Langmaid made a motion to delay the decision of the term sheet until after the Planning & Environmental Commission had reviewed the application, mitigation plan and an environmental impact report had been reviewed; Foley seconded the motion passed (4 -3 Bruno, Moffet and Coggin opposed). Mason did not feel this was the correct sequence and wanted to wait until an application had been presented. Some council members questioned if acquiring the 100% deed restriction prior to the application being submitted for PEC’s review would affect the board’s decisions. Moffet and Bruno did not agree with the motion and believed the PEC would base their decisions on facts and law. Coggin did not agree the motion because once the developer submitted their application the Town may not have an opportunity to have 100% deed restriction. 6. Public Hearings April 2, 2019 - Page 59 of 196 Town Council Meeting Minutes of March 19, 2019 Page 6 6.1. An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final decision of the Town of Vail Design Review Board on January 16, 2019 approving a request for a minor building addition, exterior alteration and new outdoor dining patio, located at 100 East Meadow Drive Unit 15/Lot O, Block 5D, Vail Village Filing 1, and setting forth details in regards thereto. (TC19-0001) Presenter(s): Jonathan Spence, Community Development Planner Action Requested of Council: The question to be answered by the Vail Town Council regarding this appeal is: Were the requirements of the Vail To wn Code, specifically Title 14, Chapter 10, Design Review Standards and Guidelines properly applied in the decision approving a request for a minor building addition, exterior alteration and new outdoor dining patio, located at 100 East Meadow Drive Unit 15/Lot O, Block 5D, Vail Village Filing 1? Pursuant to Section 12 -3-3, Appeals, Vail Town Code, the Vail Town Council shall uphold, uphold with modifications, or overturn the Design Review Board’s January 16, 2019, decision. Background: The applicant orig inally proposed a more aggressive project that included the construction of an elevated patio, larger proposed commercial additions and an overall reduction in the quantity of landscaping. This proposal under went a preliminary review where a number of concerns have been expressed by various Town departments and an outside urban design consultant engaged to review the proposal with respect to adopted plans, including the Vail Village Master Plan and the associated Vail Village Urban Design Guide Plan and De sign Considerations. These concerns were largely focused on pedestrian safety resulting from the removal of any refuge for pedestrians resulting from the proximity of the improvements to bus travel way. The loss of valuable, mature landscaping was also ide ntified as a concern. Staff Recommendation: Should the Vail Town Council choose to uphold the determination of the Town of Vail Design Review Board, the following statement is recommended: “The Vail Town Council finds as follows: The Vail Town Code was properly applied in regard to the January 19, 2019 Design Review Board approval of DRB17 -0390. Furthermore, the project consisting of a minor building addition, exterior alteration and new outdoor dining patio, located at 100 East Meadow Drive Unit 15/Lot O, Block 5D, Vail Village Filing 1, is consistent with Title 14, Development Standards, of the Vail Town Code.” Jonathan Spence, Planner, reviewed the appeal with council. The applicant originally proposed a more aggressive project that included the constru ction of an elevated patio, larger proposed commercial additions and an overall reduction in the quantity of lands caping. The proposal under went a preliminary review where a number of concerns had been expressed by various Town departments. Spence stated those concerns were largely focused on pedestrian safety resulting from the removal of any refuge for pedestrians resulting from the proximity of the improvements to bus travel way. The loss of valuable, mature landscaping was also identified as a concern. The appellants, adjacent Village Inn Plaza Phase V property owners, expressed the following concerns in their appeal:  The failure of the DRB members to review comments prior to vote  The pedestrian access being more narrowed on E. Meadow Dr.,  The fundamentally flawed process  The scope and scale of the patio area  The quality of guest experience April 2, 2019 - Page 60 of 196 Town Council Meeting Minutes of March 19, 2019 Page 7 Council asked how the safety concerns addressed. Spence explained the patio was pulled back and Public Works engineer Tom Kassmel signed off on the new plans. Richard Liebhaber, appellant, expressed his concerns on pedestrian safety and the negative impacts would have on property owners. Liebhaber stated the approval process did not include the impact the development would have on property owners such as the odors and noise from the restaurant. There were no further comments. Foley made a motion to uphold the Design Review Board approval of DRB17-0390; Moffet seconded the motion passed (7-0). 10. Adjournment There being no further business to come befo re the council, Moffet moved to adjourn the meeting; Foley seconded the motion which passed (7-0) and the meeting adjourned at 8:28 p.m. Respectfully Submitted, Attest: __________________________________ Dave Chapin, Mayor ___________________________________ Tammy Nagel, Town Clerk April 2, 2019 - Page 61 of 196 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Global Friendship Exchange A greement between the Yamanouchi–Machi, Nagano Prefecture, J apan and the Town of Vail, State of Colorado, United S tates of America AT TAC H ME N TS: Description Global Friendship Exchange Agreement April 2, 2019 - Page 62 of 196 GLOBAL FRIENDSHIP EXCHANGE AGREEMENT BETWEEN THE YAMANOUCHI –MACHI, NAGANO PREFECTURE, JAPAN AND THE TOWN OF VAIL, STATE OF COLORADO, UNITED STATES OF AMERICA The Yamanouchi-machi, located in the Nagano Prefecture, Country of Japan, and the Town of Vail, of the State of Colorado of the United States of America, here in after referred to as “the Parties”; CONSIDERING their interest to strengthen the friendship ties and cooperation that join both Parties; ACKNOWLEDGING that the cities have the intention to develop collaborative activities, under the law provisions of the United States of America and the Japan, with particular attention to the terms related to culture; DECLARING their decision to strengthen their relationship of collaboration through the proper legal channels; CONVINCED of the importance of establishing mechanisms that contribute to the development and strengthening of bilateral cooperation, as well as the necessity to execute projects and actions that are effective in the economic and social development of both Parties; Have agreed to the following: ARTICLE I Objective The objective of the Agreement is to formalize the global friendship exchange between the Yamanouchi-machi, Nagano Prefecture, Country of Japan and the Town of Vail, of the State of Colorado of the United States of America, to encourage bilateral cooperation, to intensify common efforts, and to exchange experiences and the execution of common activities that contribute to the development of both cities. ARTICLE II Areas of Cooperation and Modalities To reach the objective of the Agreement, the Parties are committed to explore and develop cooperative projects, specifically directed, but not limited to the following areas: a) Education: Encourage the local school boards to share educational programs and systems. Encourage the development of student exchange programs between the cities. b) Cultural Exchange: Promote cultural, artistic and sports exchanges to advance the understanding and enjoyment of each city’s cultural attributes, traditions and heritage. c) Promotion of Tourism: Each party will promote the other Party through their corresponding information office and/or the local tourism office, to make people aware of the global friendship city’s sites. April 2, 2019 - Page 63 of 196 Page 2 Global Friendship Exchange Agreement 04-2019 d) Environmental Cooperation: Both parties will share best practices to promote sustainable development, promoting pollution prevention policies and practices and encourage environmental education and research. e) Any other area of cooperation that the Parties agree upon. ARTICLE III -Final Provisions The Agreement shall enter into effect upon the date of its signature and shall remain in effect for a period of one (1) year from the date of its signature and automatically renew for successive one year periods, unless either party provides notice to the other of its intent to terminate the agreement not less than thirty (30) days before the end of the then current period.remain in effect for a period of one (1) year from the date of its signature. It may be renewed for an additional one (1) year period, by acceptance by both Parties through prior written agreement. (The Parties) hereby conclude a Memorandum of Understanding to promote specific exchange programs based on the agreement Signed in the Town of [_______], on the ____, of ____________2019, in two original and official copies in the Japanese and English languages, both texts being faithful translations. FOR YAMANOUCHI-MACHI NAGANO PREFECTURE COUNTRY OF JAPAN ____________________________ Yoshitaka Takefushi Mayor ____________________________ Shuichi Abe Governor Honorary Witness FOR THE TOWN OF VAIL STATE OF COLORADO UNITED STATES OF AMERICA _______________________________ David Chapin Mayor Attest Patty McKenny Tammy Nagel Town Clerk April 2, 2019 - Page 64 of 196 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Global Friendship Exchange Memo of Understanding ("MO U") between the Yamanouchi–Machi, Nagano P refecture, J apan and the Town of Vail, S tate of Colorado, United S tates of America AT TAC H ME N TS: Description Global Friendship Exchange MO U April 2, 2019 - Page 65 of 196 GLOBAL FRIENDSHIP EXCHANGE MEMO OF UNDERSTANDING (“MOU”) BETWEEN THE YAMANOUCHI –MACHI, NAGANO PREFECTURE, JAPAN AND THE TOWN OF VAIL, STATE OF COLORADO, UNITED STATES OF AMERICA Yamanouchi Town of Nagano Prefecture in Japan and Vail Town of the State of Colorado in the United States of America (hereafter referred to as “Parties”) hereby agree to the following as part of a friendship agreement promoting exchanges between the two Parties. ARTICLE I Competence The Parties commit themselves to carry out the modalities of cooperation, referred to in Article II of the Memo of Understanding (“MOU”) in accordance with their respective authorities and subject to the political and economic laws and regulations of their respective Governments. ARTICLE II Annual Action Programs In order to achieve the objectives of the MOU, the Parties agree to formulate, through prior discussion, Annual Action Programs (AAP), which shall become an integral part of the MOU once they are formalized. The AAP shall be integrated with specific projects or activities and which must reference each of the following aspects: a) objectives and activities to develop; b) work agenda; c) profile, quantity and duration of the assigned personnel; d) responsibility of each Party; e) assignment of materials, personnel and financial resources; f) evaluation mechanism; and, g) any other necessary information. The enforcement of this MOU is not conditioned by the Parties’ to establishment of PAA in all the modalities of cooperation listed in paragraphs a) to e) of Article II, nor are they obligated to collaborate in those activities where internal prohibitions exist, derived by law, institutional normative, or customs. The legal representative of each Party shall meet annually in person or at least hold one yearly telephone conference in order to evaluate the results derived from the MOU and to propose new guidelines for the development of projects of mutual interest. The Parties shall produce progress reports of achievements based on the MOU and shall communicate them to their corresponding government officials, as well as the bilateral departments in charge, as determined by mutual MOU. Both Parties will make their best efforts to formulate the first AAP within one hundred and eighty (180) business days after the signing date of the MOU. April 2, 2019 - Page 66 of 196 Page 2 Global Friendship Exchange MOU 04-2019 ARTICLE III Additional Collaboration Proposals In addition to AAP referred to in Article IV of the MOU, each Party may formulate additional collaboration proposals, as they arise during the implementation of activities predetermined through the AAP. ARTICLE IV Coordination and Follow-Up Mechanism In order to establish a mechanism and criteria for the coordination, supervision and evaluation of the activities carried out under the MOU, as well as to assure the best conditions for its execution, a Working Group, integrated by representatives of both Parties, shall be established, and coordinating each Parties activities the following areas: - On behalf of Yamanouchi-machi , Nagano Prefecture, through the officials; - On behalf of the Town of Vail, Eagle County, State of Colorado of United States of America, through the Mayor and Town Manager of the Town. The Working Group may meet periodically in a location agreed upon by the Parties or at least hold one yearly telephone conference in order to evaluate the activities derived from the application of the MOU. The Working Group shall have the following functions: a) adopt the necessary decisions in order to carry out the objectives of the present MOU; b) identify the areas of common interest in order to elaborate and formulate specific cooperation projects; c) orientate, organize and formulate relevant recommendations in order to fulfill the activities of the MOU; d) receive, review and approve, when applicable, the progress reports in the areas of cooperation within the MOU; and, e) any other functions that the Parties may agree upon. ARTICLE V Financing The Parties shall finance the activities referred to in the MOU with the assigned resources in their respective budgets according to the availability and terms of their legislation. Each Party shall pay the expenses related to its participation, except in the case that alternate financial mechanisms may be used for specific activities, if considered appropriate. ARTICLE VI Information, Material and Protected Equipment The Parties agree that information, materials and protected equipment deemed classified by national legislation for national security or foreign relations purposes of either Party, shall not be subject to transfer within the MOU. When undertaking activities pursuant to this MOU, any information, material and equipment which require or could require protection and classification is identified, the Parties shall inform the adequate authorities and establish in writing, the corresponding protective measures. April 2, 2019 - Page 67 of 196 Page 3 Global Friendship Exchange MOU 04-2019 The transference of information, material and equipment, which is not protected or classified, but which exportation is regulated by one of the Parties, shall be done according to the applicable national legislation and should be identified, along with its intended use or subsequent transference. If any of the Parties consider it necessary, measures shall be taken to prevent the non- authorized transference or re-transference of such property. ARTICLE VII International Instruments The cooperation referred to in the MOU shall not affect the rights and duties which the Parties previously acquired under other international treaties and instruments. ARTICLE VIII Intellectual Property If as a result of actions carried out in accordance with this MOU, products of commercial value and/or rights of intellectual property are generated, these shall be governed by the applicable national legislation, as well as the international conventions, which are binding for Japan and the United States of America. ARTICLE IX Designated Personnel The personnel assigned by each Party for the execution of cooperation activities derived from the MOU, shall continue under the direction and dependence of the institution to which he/she pertains, and shall not create any labor relation with the other Party, which in no case shall be considered as a substitute employer. Each Party shall carry out the corresponding necessary procedures under its respective authorities in order to facilitate the entry and departure of its respective participants who are officially involved in the projects derived from the MOU. Such participants shall be subject to the immigration, tax, customs, sanitary and national security laws of the receiving country and may not partake in any activity other than those pertaining to their functions, without the previous authorization of the competent authorities in this field. The Parties shall encourage that the personnel involved in such activities have medical, liability and life insurance, so that, if damage results from such activities derived from the MOU, repair or restitution shall be covered by the corresponding insurance company. ARTICLE X Participation of Other Institutions and Individuals The Parties may include Non-Governmental Organizations or individuals from the civil society in AAP. ARTICLE XI Disputes Any difference or divergence derived from the interpretation or application of the MOU will give rise to the early termination of the MOU, by means of a written notification of early termination sent by one Party to the other Party. April 2, 2019 - Page 68 of 196 Page 4 Global Friendship Exchange MOU 04-2019 ARTICLE XII Final Provisions The MOU shall enter into effect upon the date of its signature and shall remain in effect for a period of one (1) year from the date of its signature and automatically renew for successive one year periods, unless either party provides notice to the other of its intent to terminate the agreement not less than thirty (30) days before the end of the then current period.. It may be renewed for an additional one (1) year period, by acceptance by both Parties through prior written MOU. The MOU may be modified by mutual consent of the Parties, by formalizing it through written and signed communications and specifying the date of its entry into force. The early termination of the MOU shall not affect the completion of ongoing APP, formalized while it was in force. Governmental Immunity. The Town and its officers, attorneys and employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year are subject to annual appropriation, and thus any obligations of the Town hereunder shall extend only to monies currently appropriated and shall not constitute a mandatory charge, requirement or liability beyond the current fiscal year. Signed in the Town of [_______], on the ____, of ____________2018, in two original and official copies in the Japanese and English languages, both texts being faithful translations. FOR YAMANOUCHI-MACHI NAGANO PREFECTURE COUNTRY OF JAPAN ____________________________ Yoshitaka Takefushi Mayor FOR THE TOWN OF VAIL STATE OF COLORADO UNITED STATES OF AMERICA _______________________________ David Chapin Mayor Attest Patty McKenny Tammy Nagel Town Clerk April 2, 2019 - Page 69 of 196 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: AT TAC H ME N TS: Description Town Manager Report April 2, 2019 - Page 70 of 196 TOWN MANAGER REPORT - April 2nd TOWN COUNCIL MEETING Newsletter Date Nyigir TOPICS Legislative Update Staff Updates Open Space Committee Town Council Retreat Dates Legislative Update Colorado Statewide Plastic Bag Legislation The Colorado Revised Statutes (Section 25-17-104) purports to preempt local governments from instituting prohibitions on plastic products within their political subdivision. Last fall, the topic was raised at CML with a decision to see the League work on a repeal of this statewide preemption language. Driving the effort is the fact that at least nine jurisdictions in Colorado, including the Town of Vail, have in fact enacted local ordinances that do restrict the use of plastic bags, and related polices. Section 7 of CRS 25-17- 104 provides the following: Local government preemption. No unit of local government shall require or prohibit the use or sale of specific types of plastic materials or products or restrict or mandate containers, packaging, or labeling for any consumer products. The above preemption has not been litigated to my knowledge, and it is likely that those jurisdictions that have instituted plastic bag bans have done so under home rule authority. The City of Aspen had its ordinance upheld by the Supreme Court, but the issue was not statewide preemption, but rather the implementation of a fee for paper bags that was challenged. The CML board has since given staff approval to initiate legislation that would authorize up to a full repeal of this statutory preemption. Efforts are currently underway. I am part of an Ad Hoc Committee to help provide input into this pursuit and will keep you apprised of its status. Climate Action and GHG Emissions Inventory The "Big Climate Bill" - HB 1261 - was introduced recently, setting state goals for at least 26% reduction in GHGs by 2025, at least 50% by 2030, and at least 90% by 2050, all compared to 2005 levels. It also gives the Air Quality Control Commission broad latitude in developing policies and regulations to pursue those goals. See media coverage: Colorado needs to lead: New climate change bill seeks to cut carbon emissions, Denver Post, Mar. 21, and Bold climate-action legislation for Colorado nears rollout; Polis, Speaker Becker wrangle over mandates, Colorado Independent, Mar. 20. And SB 96, the GHG emissions inventory and forecast bill that CC4CA is spearheading (introduced by Senator Kerry Donovan), passed its first test by clearing the Senate Transportation and Energy Committee. The current draft of the bill aligns strongly with the CC4CA’s goals. April 2, 2019 - Page 71 of 196 Town Manager’s Report Page 2 Chain and Traction Law At the January 2019 I-70 Coalition meeting, there was a presentation by CDOT related to efforts to bolster the current rules and regulations regarding Traction Law and Chain Law. This is of course a very relevant topic for communities like Vail, which see a significant frequency of highway closures that are partially attributable to vehicles and trucks that are driving the mountain passes without adequate traction. The key proposed changes will affect the rules that are now codified in 2 CCR 601-14. The I-70 Coalition has supported these new rules by letter copied below, dated February 7, 2019. Timing wise, and the reason for this update, comments to CDOT related to the proposed new rules are being taken until April 8th. Should the Town Council desire, the Town of Vail can provide its comments by letter prior to such date. Otherwise, we are indeed referenced as a member to the I-70 Coalition which has endorsed the proposed changes. Pasted below is a side-by-side comparison of what the new rules will accomplish. Should any Councilmember desire the full text of the rules, I can forward those as well (8 pages). April 2, 2019 - Page 72 of 196 Town Manager’s Report Page 3 April 2, 2019 - Page 73 of 196 Town Manager’s Report Page 4 Staff Updates Guest Experience Collaborative The group met on March 21st and hosted Alison Wadey with the Vail Chamber & Business Association who gave a nice and thorough presentation on the customer service training that the Chamber instituted this past season. We made good progress in understanding the VCBA’s program, wins and lessons learned, as we begin to identify opportunities to work with Alison and build on the VCBA’s success. We will not be having our weekly meeting on March 28th as many are traveling for spring break. The group will reconvene on April 2nd. Related, Mia Vlaar will be attending the Mountain Travel Symposium. April 2, 2019 - Page 74 of 196 Town Manager’s Report Page 5 Booth Falls Trailhead We have now had multiple staff meetings internally, and we are having our second meeting with the USFS on April 15th. Subsequent to that meeting, and perhaps as early as April 16th, we will be informing the Town Council of strategies and measures being pursued internally. Of course the discussion will be inclusive of other stakeholders and neighborhood interests as time marches on, but the short-term remedies now being formulated will likely be well received by many. While much more detail will be coming to the Council in the near future, the measures include: • Temporary sanitation facilities at the trailhead • Concierge Training • On-street parking prohibition • Trailhead transit shuttle • Mapping • Public Outreach • Trail Monitoring Recruitment There is active recruitment currently taking place to fill positions in the Fire Department, Human Resources Department, Environmental Sustainability Division, and Economic Development Department. Stay tuned. Open Space Committee The 2018 Update of the Open Lands Plan includes an action item to reconvene the Open Space Committee, which by Town Charter includes the Town Manager, a Town Council member, and a member of the Planning and Environmental Commission. Staff will include a request on the agenda of the next PEC meeting that the Commission select a designee. Currently Jenn Bruno is the Council member designee which was affirmed earlier this year. The objective of the committee is to review the parcels that are recommended by the Open Lands Plan for Designated Open Space zoning, or acquisition of private parcels for environmental protection. Town Council Retreat Dates We will endeavor to establish retreat date(s) for the Town Council spanning the next summer months. Please have your calendars ready. April 2, 2019 - Page 75 of 196 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Resolution No. 14, S eries of 2019, A Resolution Adopting Gore Valley Trail I nterpretive Plan as a Component of the Gore Creek S trategic Plan P RE S E NT E R(S ): P eter Wadden, Watershed E ducation Coordinator AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with modifications, or deny Resolution No. 14, Series of 2019. B AC K G RO UND: B ased on feedback received from Town Council at the March 19 meeting, staff has updated the I nterpretive Plan to include recommendations on how the proposed interpretive installations may be incorporated into the Vail A pp. The applicant, Town of Vail, represented by Peter Wadden, Town of Vail Water Quality Education Coordinator, is requesting approval from the Vail Town Council, pursuant to Section 12-3-7, A mendment, Vail Town Code, for the adoption of the Gore Valley Trail I nterpretive P lan (the I nterpretive Plan) as a component of the Gore Creek S trategic A ction Plan. AT TAC H ME N TS: Description Gore Valley Trail Interpretive Plan Memo Gore Valley Trail Interpretive Plan Recommended Resolution Gore Valley Trail Interpretive Plan updated 3-21-19 April 2, 2019 - Page 76 of 196 TO: Vail Town Council FROM: Community Development Department and Environmental Sustainability DATE: April 2, 2019 SUBJECT: Resolution No. 14, Series of 2019, a resolution for the adoption of the Gore Valley Trail Interpretive Plan as a component of the Gore Creek Strategic Action Plan, and setting forth details in regard thereto. (PEC19 -0001) Applicant: Town of Vail, represented by Peter Wadden, Town of Vail Water Quality Education Coordinator Planner: Jonathan Spence I. SUMM AR Y The applicant, Town of Vail, represented by Peter Wadden, Town of Vail Water Quality Education Coordinator, is requesting approval from the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for the adoption of the Gore Valley Trail Interpretive Plan (the Interpretive Plan) as a component of the Gore Creek Strategic Action Plan. On February 25, 2019, the Planning and Environmental Comm ission (PEC) forwarded a unanimous recommendation, for the adoption of the Gore Valley Trail Interpretive Plan , pursuant to Section 8 -3, Amendment Process, Vail Town Code. Please find the staff memorandum to the PEC included as Attachment B and the minutes from the February 25th meeting included as Attachment C. Based on feedback received from Town Council at the March 19 meeting, staff has updated the Interpretive Plan to include recommendations on how the proposed interpretive installations may be incorporated into the Vail Ap. II. ACTION REQUESTE D OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Resolution No. 14, Series of 2019. III. DESCRIPTION OF THE REQUEST The applicant, Town of Vail, represented by Peter Wadden, Town of Vail Watershed Education Coordinator, is requesting that the Vail Town Council, pursuant to Section 12-3-7, April 2, 2019 - Page 77 of 196 Tow n of Vail Pag e 2 Amendment, Vail Town Code, for the adoption of the Gore Valley Trail Interpretive Plan as a component of the Gore Creek Strategic Action Plan. The Interpretive Plan provides education topics and enumerates education and outreach goals and objectives. It identifies specific installations at specific locations that would help raise awareness in the community by providing opportunities to engage with the unique natural features of Gore Creek, learn what is being done to protect the creek, and where there are opportunities to do more. IV. BACKGROUND The Gore Creek Strategic Action Plan, adopted by Town Council in 2016, identifies education and outreach as key strategies to raise community awareness to encourage individuals to both take responsibility and action to restore aquatic health. At the direction of Town Council to implement the educational outreach strategies outlined in the Action Plan, staff worked to develop a plan for an interpretive installation along the Gore Valley Trail in 2018. The interpretive design firm, Conservation by Design wa s selected to help manage the stakeholder process and draft the Plan. In July 2018, representing the consulting team, Melanie Pierson, a certified interpretive planner and exhibit developer facilitated two interpretive messaging workshops with stakeholders in Vail. Stakeholders involved in this process represented the Town of Vail, Vail Nature Center, Walking Mountains Science Center, Eagle River Watershed Council, Vail Resorts, Eagle River Water & Sanitation District and the Vail Public Library. In addition to meeting with stakeholders, Ms. Pierson spent time assessing the trail and other relevant interpretations in the area. The Gore Valley Trail, often locally referred to as the “bike path,” is a 12-mile trail that winds along Gore Creek through the length of the Town of Vail and up Vail Pass. The busiest stretches of trail see as many as 1,000 users on a summer day. Both locals and guests, of all ages, use the trail for a wide range of activities that include serious endurance pursuits to casual do g walking. The popularity of the trail among the community and its proximity to Gore Creek make it an ideal location for targeted educational outreach exhibits. that reach a variety of community members, from locals to guests and serious endurance athletes to casual dog walkers. V. REVIEW CRITERIA The adoption of a new plan needs to be in concert with the Town of Vail’s existing Gore Creek Strategic Action Plan, other adopted plans which make up the Comprehensive Plan, and Town Zoning Code. The adopted plan shall support, strengthen, and further the objectives of the town. The Gore Valley Trail Interpretive Plan: (a)establishes education and outreach goals, (b) provides objectives, (c)describes specific interactive installations that will engage trail users in the Gore Creek ecosystem and (d) provides resources to trail users about what they can do to help Restore the Gore. In reviewing the proposed Interpretive Plan, staff considered the applicable goals and objectives of the following: • The Vail Land Use Plan; April 2, 2019 - Page 78 of 196 Tow n of Vail Pag e 3 • Vail Environmental Sustainability Strategic Plan (2009); • Gore Creek Strategic Action Plan (2016); • Town Council Action Plan (2018-2020); • Zoning Code Vail Land Use Plan The goal statements which staff believes are applicable and supportive of the review and of the Interpretive Plan are as follows: 1.1 General Growth/Development 1.2 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.4 The quality of development should be maintained and upgraded whenever possible. 1.13 Vail recognizes its stream tract as being a desirable land feature as well as its potential for public use. Gore Creek Strategic Action Plan (2016) Elements that staff believes are applicable and supportive of the review and adoption of the Interpretive Plan are as follows: Activities such as lawn-care workshops, friendly competitions and increasing informational signage will help reach full-time residents, part-time residents, and visitors at different locations across town and during critical periods throughout the year. Partner with existing non-profit organizations . . . to organize, manage and implement education and outreach activities that increase basic riparian literacy and familiarity with best management practices for creek friendly landscaping practices. Include an explanation as to how riparian vegetation can prevent property loss to the stream. The Gore Creek Strategic Action Plan identifies education and outreach as key strategies in the effort to Restore the Gore. Among the specific education and outreach objectives the plan identifies are several that lend themselves well to an interpretive installation.  Partner with existing non-profit organizations to organize, manage and implement education and outreach activities that increase basic riparian literacy and familiarity April 2, 2019 - Page 79 of 196 Tow n of Vail Pag e 4 with best management practices for creek friendly landscaping practices. Include an explanation as to how riparian vegetation can prevent property loss to the stream.  Offer educational opportunities for homeowners, contractors, HOAs, landscaping companies, and commercial businesses to obtain more information about BMPs for yards and gardens and other creek side landscapes. See that these educational opportunities include discussions of water conservation, permeability, and retention practices for lawns and gardens.  Stormwater Basics - Discuss importance of stormwater management and identify common urban runoff pollutants. Provide guidance for protecting water quality on residential, municipal, and commercial properties.  Watershed Background - Provide maps of the watershed that identify land uses, surficial geology, impervious areas and major tributaries to Gore Creek. Discuss prior efforts in watershed planning, historical and current water quality in Gore Creek.  Pollution Prevention - Discuss what to watch for and ways to help. Link to relevant municipal resources, identify contact(s) to report problems.  Provide information about pet waste, lawn and garden, vehicle maintenance, household hazardous waste, storm drain protection, and opportunities to get involved at the individual level. Vail Environmental Sustainability Strategic Plan (2009) Goals and objectives staff believes are applicable and supportive of the review and adoption of the Interpretive Plan are as follows: Goal 3: Ensure that the natural environment, specifically air and water quality, water quantity, land use and habitat are maintained to current or improved levels of biological health.  Objective 1. Maintain Gore Creek watershed as a Gold Medal Fishery, while working to maintain tributaries; meet and/or exceed aquatic life standards set by the state of Colorado through the management of urban stormwater. Goal 5: Increase public education and awareness, communication and environmental stewardship in the Town of Vail. Town Council Action Plan (2018-2020) Initiatives and goals staff believes are applicable and supportive of the review and adoption of the Interpretive Plan are as follows: Initiatives  Pursue measures to meet requirements of Sustainable Destinations certification  Public outreach and ongoing education relating to Town initiatives April 2, 2019 - Page 80 of 196 Tow n of Vail Pag e 5 Goals  Implementation of Gore Creek Plan Zoning Code The general and specific purpose statements which staff believes are applicable and supportive of the review and adoption of the Interpretive Plan are as follows: 12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 5. To conserve and maintain established community qualities and economic values. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 11. To otherwise provide for the growth of an orderly and viable community. Staff finds that the proposed Gore Valley Trail Interpretive Plan supports and furthers the objectives of the Town and is in concert with the Gore Creek Strategic Action Plan and the Vail Town Zoning Code. VI. RECOMMENDED MOTION Should the Vail Town Council choose to approve Resolution No. 14, Series of 2019, the Community Development Department recommends the Council pass the following motion: “The Vail Town Council approves, Resolution No. 14, Series of 2019, a resolution for the adoption of the Gore Valley Trail Interpretive Plan as a component of the Gore Creek April 2, 2019 - Page 81 of 196 Tow n of Vail Pag e 6 Strategic Action Plan, and setting forth details in regard thereto.” Should the Vail Town Council choose to approve Resolution No. 14 Series of 2019, the Community Development Department recommends the Council m ake the following findings: “Based upon the review of the criteria outlined in Section V of the staff memorandum to the Planning and Environmental Commission dated February 25, 2019, and the evidence and testimony presented, the Town Council finds: 1. That the Gore Valley Trail Interpretive Plan is consistent with the adopted goals, objectives and policies outlined in the Gore Creek Strategic Action Plan and advances the development objectives of the town; and 2. That the Gore Valley Trail Interpretive Plan is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 3. That the Gore Valley Trail Interpretive Plan promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.” VII. ATT ACHMENTS A. Resolution No. 14, Series of 2019 B. Staff Memorandum, PEC19-0001, February 25, 2019 C. PEC Minutes, February 25, 2019 D. Gore Valley Trail Interpretive Plan April 2, 2019 - Page 82 of 196 Resolution No. 14, Series 2019 RESOLUTION NO. 14 Series of 2019 A RESOLUTION ADOPTING THE GORE VALLEY TRAIL INTERPRETIVE PLAN AS A COMPONENT OF THE GORE CREEK STRATEGIC PLAN WHEREAS, in 2016 the Town Council adopted the Gore Creek Strategic Plan which aims to “ensure that Gore Creek is an outstanding example of environmental quality, recreation and wildlife habitat in a world-class resort community”; WHEREAS, the Gore Creek Strategic Plan identifies education and outreach, increased water quality literacy and improved educational signage as key components of the effort to restore Gore Creek; WHEREAS, the Gore Valley Interpretative Plan identifies specific topics and locations for educational exhibits designed to increase awareness and water quality literacy among community members; and WHEREAS, On February 25, 2019 the Planning and Environmental Commission forwarded a unanimous recommendation for adoption of Gore Valley Trail Interpretive Plan to the Town Council. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby adopts the Gore Valley Trail Interpretive Plan as a component of the Gore Creek Strategic Action Plan, attached hereto as Exhibit A. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 2nd day of April, 2019. _________________________ Dave Chapin, Town Mayor ATTEST: _____________________________ Tammy Nagel, Town Clerk April 2, 2019 - Page 83 of 196 CONSERVATION BY DESIGN Interpretive Plan Final Draft • December 2018 Gore Valley Trail • Vail, CO April 2, 2019 - Page 84 of 196 Table of Contents 2 BACKGROUND ................................................................................................................................................... 3 About Gore Valley Trail About the Project Who Will Use This Plan? OUR PROCESS ..................................................................................................................................................... 7 A BOUT THE VISITORS .................................................................................................................................. 8 Who Visits the Trail? Summer Tourism Vail Demographics Visitor Needs and Expectations Target Audiences for Interpretation WHY INTERPRET? ............................................................................................................................................. 11 What Interpretive Goals and Objectives Do Interpretive Goals and Objectives for Gore Valley Trail INTERPRETIVE THEMES & STORYLINES ........................................................................................... 14 Central Theme Sub-Themes and Storylines EXISTING INTERPRETATION ...................................................................................................................... 16 Along the Trail In Vail Analysis A VISION FOR THE VISITOR EXPERIENCE ....................................................................................... 19 RECOMMENDATIONS .................................................................................................................................... 26 Visitor Experience Guidelines Design Criteria General Parameters Media Matrix APPENDICES ............................................................................................................................................................ 33 A—Demographics B—Proposed Story Station Locations April 2, 2019 - Page 85 of 196 3 Background ABOUT GORE VALLEY TRAIL The Gore Valley Trail is a paved 12-mile trail located in the heart of Vail, CO. Open to pedestrians and cyclists, this multi-use trail consists of a combination of trail, bike lanes, and residential streets. The trail parallels Gore Creek as it passes through open space, parks and recreation facilities, and Vail’s core village areas, and connects to other trail systems on the east and west ends. The trail is a high-profile travel way in a busy resort town. Major destination/activity centers along the trail include Ford Park and the Nordic Center. In 2012, Gore Creek was listed as an impaired waterway by the Colorado Department of Health and the Environment due to declining macroinvertebrate populations. According to the 2015 Gore Creek Strategic Action Plan, the nature of the impairment is caused by three known causes of degradation: • Pollutants from land use activities, commonly called urban runoff; • Drainage from impervious surfaces; and • The loss of riparian and streamside vegetation (which provides a filtering and erosion control effect). Gore Valley Trail connects to Gore Pass east of Vail April 2, 2019 - Page 86 of 196 4 Background Donovan Park Public Library VailVillage Ford Park Pond LionsheadVillage April 2, 2019 - Page 87 of 196 5 Background ABOUT THE PROJECT In response to the water quality impairment listing, the Town of Vail initiated Restore the Gore, an education campaign designed to raise awareness and foster community engagement to restore Gore Creek. The town has developed educational programming, advertisements and videos, and hosted events to spread the message in the community that all residents and guests need to work together to restore Gore Creek. Now, the Town of Vail is working to expand its education efforts by implementing interpretation along the high traffic Gore Valley Trail. The Town of Vail commissioned the consulting firm Conservation By Design, Inc. (CBD) to conduct an interpretive planning process and develop recommendations that will guide the implementation of interpretation along the trail. What is a Macroinvertebrate? Macroinvertebrates are organisms that live underwater in our rivers and creeks. They lack a backbone, can be seen by the naked eye, and are food for our native and sport fish. We learn a lot about the health of our creek by monitoring the numbers and types of macroinvertebrates who live in it. Why Do They Matter? Some macroinvertebrates need good water quality—like high dissolved oxygen levels and clear waters—to survive. If we find these types of organisms, we know our creek is healthy. Other organisms aren’t sensitive to pollution levels. If we find these pollution-tolerant species, we know our creek’s water quality might be in trouble. April 2, 2019 - Page 88 of 196 6 Background WHO WILL USE THIS PLAN? Town of Vail staff, partners and contractors will refer to this plan, use it and adapt it as conditions evolve and specific interpretive projects are funded and get underway. The plan provides guidelines for the writers, interpreters, landscape architects, exhibit developers, graphic designers, interactive designers and exhibit fabricators who are responsible for its implementation. What Is Interpretation? “a mission-driven communication process that forges intellectual and emotional connections between the interests of the audience and the inherent meanings of the resource.” —National Association for Interpretation April 2, 2019 - Page 89 of 196 7 Our Process The project began in June 2018 with review of background information. Representing the consulting team, certified interpretive planner and exhibit developer Melanie Pierson conducted a site visit in July 2018. During the site visit, she facilitated two interpretive messaging workshops with stakeholders, and spent time assessing the trail and other relevant interpretation in the area. This document captures the analysis undertaken during the planning process, and findings related to interpretation and the visitor experience. It considers the significance of the creek and restoration program, along with trail use patterns to provide a roadmap for cost-effective, visitor-relevant and theme-driven interpretation that adds value to the quality of the visitor experience in Vail. The process of interpretive planning holds the visitor experience central, considering the following questions: • W hy do visitors use the Gore Valley Trail? • Can they find the trail? • W here/how can trail users get information about Gore Creek and its key messages? • W hat are those key messages? • Can trail users find their way around? • W hat will trail users want to do, feel, learn and experience during their visit? What do stakeholders hope that trail users will do, feel, learn and experience? • How can the Town of Vail accomplish the interpretive goals identified herein in the most cost-effective manner, considering long-term costs, visitor trends, and sustainable values? April 2, 2019 - Page 90 of 196 8 About the Visitors Effective interpretation is enjoyable and relevant to visitors’ lives. In order to provide experiences that are enjoyed by our trail users, we must first understand their needs, expectations, knowledge base and values. For the purposes of this interpretive planning process, “trail user” or “visitor” refers to all categories of people who utilize Gore Valley Trail, including residents, employees and guests visiting Vail. WHO VISITS THE TRAIL? While an official count of trail users has not yet been conducted, project stakeholders categorized the following types of trail users: Residents (full-time and part-time) Often consisting of family groups, these trail users are often seen picnicking, walking, riding bikes, fishing, and relaxing or playing creekside. Dogs and strollers are common sights on the trail. Residents often use the trail as a commuting and/or fitness route but tend to avoid it during heavy tourist times. Employees of various establishments often visit the trail during workday breaks, and many locals include the trail as a “must- see” experience with out-of-town family and friends. The Gore Valley Trail also provides access to the Vail Pass east of Vail. Anecdotal evidence provided by project stakeholders suggests that part-time residents are less likely than full-time residents to speak English as a first language and are often retirees. Guests Guests from out of town often use the trail in family groups but are less likely to have dogs with them or speak English as a first language. These non-residents don’t fully understand what the trail has to offer, and often utilize their smartphone to get information or find their way. Many guests also stop in to the public library to ask for information. These trail users may have a fear of getting lost while on the trail. Traveling the Gore Valley Trail is a popular way to experience Vail. Many guests rent bicycles or Segways during their time in Vail. Stakeholders described the following seasonal trends in visitation to Vail: a larger ratio of families in summer, retirees in spring and fall, and younger active sports enthusiasts in winter. Project stakeholders further generalized trail users as highly educated with a higher socioeconomic status, and likely to be athletic or have some connection to the outdoors. Based upon their interactions with trail users (whether residents or guests), some stakeholders described trail users as being generally unaware of the concepts of drought, watersheds, water quality, and water law and use in the West. April 2, 2019 - Page 91 of 196 9 About the Visitors SUMMER TOURISM Tourism is the primary driver of Vail’s economy, and while much of the industry is based on winter sports, summer visitation has seen an increase in recent years with the opening of Epic Discovery, an on-mountain adventure experience at the top of Vail Mountain. Summertime events and festivals add to the draw. A report1 summarizing 2017 summer guests and tourism trends notes that more than a third of survey respondents were first-time visitors to Vail. For repeat summer visitors, Colorado residents usually visit annually and typically only in summer. Out-of-state visitors (including international) often tend to be repeat summer visitors, as well. The desire for a recreation and leisure vacation experience was the primary motivation for the trip, while Millennials (age 18-34) were more likely than other age groups to visit Vail to attend a special event, such as a festival or concert. Respondents participating in the 2017 intercept survey cited rest and relaxation and time spent in nature as the top two experiences in Vail (49% and 37%, respectively)—both an increase over the previous year. 1 “Vail Summer Intercept Survey 2017 Results”, prepared by RRC Associates, Boulder, CO. VAIL DEMOGRAPHICS According to U.S. Census data, the town of Vail has an estimated population of 5,483 in 2017, a 3.4% increase since 2010. Nearly 13% of residents are under 18 years old, while an equal number are 65 or older. The median value of homes in Vail is $556,600— more than double the median value of homes across Colorado. The majority of those homes (62.8%) are owner occupied. In general, the Vail population is educated and middle class. Nearly all of Vail’s residents over the age of 25 had a high school diploma (91%), while nearly two-thirds have earned a bachelor’s degree or higher (59.1%). The per capita income in 2016 was $45,764—more than a third higher than per capita income across Colorado. See the Appendix for demographic statistics. April 2, 2019 - Page 92 of 196 10 About the Visitors VISITOR NEEDS AND EXPECTATIONS When planning and designing visitor experiences, it is important to remember that visitors need to know where they are and what’s expected of them. As psychologist Abraham Maslow outlined in 1954, people need to have their basic needs met—food, water, safety, and security—before they can attend to personal growth or take in new information. Restrooms, wayfinding and orientation, and etiquette information all play into creating an environment where visitors are relaxed and able to receive information. Visitors need to feel welcome, comfortable, and clear about how they should interact with the site. Any facilities that are open to the public must be well maintained, sanitary, and safe. TARGET AUDIENCES FOR INTERPRETATION The most effective interpretive products are those that are tailored for a specific audience. Although the trail will offer interpretation to all trail users, several groups have been identified by stakeholders as important audiences to target. Interpretive media should be shaped to address their interests and needs. Local Residents These repeat, local trail users would benefit from interpretation that compels them to have greater appreciation for Gore Creek, know that it is a fragile ecosystem and to think of the creek when making day-to-decisions that might affect it. Locals would also benefit from changing and/or user-contribution components. Guests These visiting trail users would benefit from interpretation that emphasizes the importance of healthy waterways in general and inspires them to act to protect waterways no matter where they are—in Vail or their own community. The Gore Valley Trail is most used during the summer season. While some sections are plowed in winter, trail-side exhibits will be designed for use in summer. April 2, 2019 - Page 93 of 196 11 Why Interpret? Interpretation is purposeful and mission-based. It offers experience-based learning opportunities that increase awareness, build personal connections with a place and its resources, and foster stewardship behaviors. Information alone, however, doesn’t inspire these changes. Merely understanding a topic isn’t enough. To be effective, new information must spark insights and connections that are directly relevant to a trail user’s life, interests and values. Interpretation addresses both the intellectual and emotional realms of the visitor. WHAT INTERPRETIVE GOALS AND OBJECTIVES DO Interpretive goals and objectives provide guidelines for developing interpretive products and services. They also provide metrics with which to evaluate their effectiveness. They address both the values guiding the interpretation, and the impacts that interpretation can have on targeted audiences. Interpretive Goals and Objectives Interpretive goals and objectives are statements that articulate the intended purposes and objectives of interpretive activities. Goals encompass what management wants interpretation to do for a site, its visitors, and the community. Goals should guide the planning process from the outset. Objectives describe the specific desired changes we wish to inspire in our visitors. Objectives, therefore, should describe visitor behavior and be expressed in measurable terms. Goals: • State what it is you expect interpretation to do for the organization • May be short-term or long-term • Are stated using terms like “enhance understanding,” “increase awareness,” and “foster stewardship”—generally not easy to measure. Objectives: • Are stated in specific and measurable (either qualitatively or quantitatively) terms describing visitor behavior or performance • Provide details about how goals will be accomplished • Lay the groundwork for accurate and meaningful evaluation of interpretive experiences April 2, 2019 - Page 94 of 196 12 To ensure interpretation serves the interests of trail users and project partners, trail stakeholders conceptualized the following goals for interpretation and the visitor experience in July 2018. To chart progress toward these goals, specific visitor objectives have also been developed. At minimum, these metrics can and should guide content development and design and keep project management on track. Success upon installation, as evidenced by these metrics, can be determined through evaluation. Evaluation strategies might include observation and visitor surveys (whether stand-alone or as part of the town-wide survey conducted annually). Visitor objectives are more specific than goals and, to the extent possible, are measurable. They spell out what we want visitors to know, feel and do as a result of visiting the Gore Valley Trail. Objectives provide details about how goals will be accomplished and can be developed to a variety of levels. Here, we emphasize qualitative objectives, revealing intangible values. INTERPRETIVE GOALS AND OBJECTIVES FOR GORE VALLEY TRAIL INTERPRETIVE GOAL 1: Increase public knowledge of and appreciation for Gore Creek and why it is important. Objective A: Trail users will understand that Gore Creek is part of the Colorado River watershed. Objective B: Trail users will understand that riparian ecosystem s—and the plants and animals that live within them—exist in a fragile state of balance. INTERPRETIVE GOAL 2: Develop understanding of threats to water quality on Gore Creek and strengthen support for its protection and restoration. Objective A: Trail users will understand that humans and the environment are interconnected, and that there are impacts on Gore Creek from living and visiting in this valley. Objective B: Trail users will be able to cite at least one threat to water quality in Gore Valley. Objective C: More than half of trail users will express support for Gore Creek restoration efforts. Objective D: Trail users will understand that access or activities may sometimes be restricted as a means of protecting Gore Creek. Objective E: Trail users will understand that a partnership of organizations are working together to monitor and restore Gore Creek. Why Interpret? April 2, 2019 - Page 95 of 196 13 INTERPRETIVE GOAL 3: Foster a sense of individual and shared responsibility for the health of Gore Creek with residents and guests, resulting in an increased sense of stewardship. Objective A: Trail users will feel compelled to act to protect water quality in Vail and their own community and know at least one thing they can do to make a difference. Objective B: Trail users will understand that their lifestyles, actions and values have impacts on the natural world. Objective C: Trail users will feel an increased intellectual or emotional connection to Gore Creek and will demonstrate that connection by becoming a repeat visitor and/or participating in a follow-up activity in person or online1. Objective D: Trail users will feel like they are participating in protecting Gore Creek and will stay on the trail and out of closed areas. Objective E: Residents will feel an increased sense of pride in their community and creek. Objective F: Trail users will express a desire to return to Gore Creek. 1 In-person follow-up activities might include participation in creek-based recreation, resto- ration and/or stewardship activities, and participation in other natural heritage interpretation opportunities. Online follow-up activities might include visiting a website for additional information, participating in an electronic survey, making a pledge to take action, or signing up to receive additional information, for example. INTERPRETIVE GOAL 4: Maintain a range of communication methods in order to appeal to visitors with varying learning styles. Objective A: Trail users will have the opportunity to engage in hands-on, dynamic interactive experiences in a natural environment. Objective B: Trail users will have the opportunity to interact with high quality interpretive products that utilize consistent messaging and graphic styles. Objective C: Repeat trail users will notice and seek out changing interpretive content. Objective D: Interpretive structures will be designed to harmonize with the surrounding natural environment. Objective E: Interpretation along the trail should be designed as a non-linear experience. INTERPRETIVE GOALS AND OBJECTIVES FOR GORE VALLEY TRAIL Why Interpret? KEY TERMS Riparian—relating to wetlands adjacent to rivers and streams. Watershed—an area or region drained by a river, river system, or other body of water. April 2, 2019 - Page 96 of 196 14 Interpretive Themes & Storylines Interpretation is thematic. It tells one powerful, compelling story using a multitude of smaller illustrative stories. Themes are like the plot to the movie, or the moral of the story. That one central story should be compelling, relevant, and reveal the uniqueness and significance of the site. It should also be memorable. Social science research shows that information organized around a central theme gets more attention, keeps visitors focused, and creates messages that stay in the mind (and heart) long after a visit is over. This theme structure creates the framework for the interpretive messages. As the project evolves and develops, storylines will be fleshed out and added to, but should support the hierarchy of messaging established herein. The following theme statements are for internal administrative and communications planning use and are not intended as marketing slogans or exhibit content as shown. Further refinement, editing, and crafting of text for the visitor is a later process that occurs during the development of specific interpretive products and programs. CENTRAL THEME Gore Creek is home to a dynamic and diverse web of life that includes and is impacted by you. April 2, 2019 - Page 97 of 196 15 1. We all depend on this water. a. Gore Creek supports plants and animals, large and small. i. Biodiversity reflects the health of our landscapes and waterways. ii. Animals have basic survival needs, just like people. iii. Plants provide food, shelter and shade. b. Water is essential for human survival. i. Gore Creek is part of the headwaters of the Colorado River, an important water source for 40 million people. ii. Gore Creek recharges the aquifer that serves as Vail’s drinking water supply. iii. Gore Creek is an important part of the character that attracts people to Vail. SUB-THEMES AND STORYLINES 2. A healthy creek requires active care. a. We impact the creek by being here. b. We monitor creek health. c. We work together to minimize the risks to creek health. i. We reduce our use of pollutants and interrupt pollutants’ path before entering the creek. ii. We use permeable surfaces that allow stormwater to soak into the ground. iii. We promote riparian and streamside vegetation that stabilizes streambanks, prevents erosion and filters stormwater and runoff before it enters the creek. iv. We stay on the trail and respect area closures to protect restoration efforts and progress. d. Your actions make a difference in your community. Interpretive Themes & Storylines April 2, 2019 - Page 98 of 196 16 Throughout the sites surveyed in and around the Gore Valley Trail, where interpretation exists, products generally focus on individual plant and animal species (as in, “Who lives here?”). Details are provided below. ALONG THE TRAIL The trail is both a travel way and a destination in itself. Trail users can be seen accessing the creek, walking, picnicking, jogging, cycling, and generally enjoying the trailside environment. The trail provides connection between a number of significant destinations, including the villages of Vail and Lionshead, and several public parks and attractions. The trail crosses the creek many times via bridges. To the west, Donovan Park features soccer fields and playgrounds, and hosts weddings at the pavilion. This location is a popular spot where locals park and get on the free shuttle bus to other Vail locations. The section of trail between Hotel Talisa and the creek is popular among hotel guests, and features access to the western- most ski lift up the front side of Vail Mountain. Just upstream from the wastewater treatment plant (west of the Lionshead gondola) is a section of creek that sees a lot of spawning brown trout in the fall. There is an excess of social trails accessing the creek here, which the Town of Vail plans to restrict creek access to. Work will include hardening a designated access point and revegetating the streambank. The nearby foot bridge receives a lot of skier traffic. At the welcome center in Lionshead Village, an interior exhibit interprets animals that rely on Gore Creek and appeals to visitors to help protect its water quality. Across the trail from the public library lies a high use picnic area, as well as an existing revegetation project where a small sign identifies riparian habitat and the actions Brown trout often spawn just upstream of the wastewater treatment plant An interior exhibit at the Lionshead Village welcome center interprets animals that rely on Gore Creek Existing Interpretation April 2, 2019 - Page 99 of 196 17 that homeowners should avoid. Inside the library, a display case features seasonally changing exhibits. In Vail Village, the popular Whitewater Park is a high traffic focal point on Gore Creek. Here, paddlers compete in a series of racing events held each spring runoff season. Metal silhouettes of paddlers and skiers are attached to the bridge railing. An adjacent promenade features grass and hardened creek access in the village, and a pocket park on Mill Creek features several creekside benches. At the covered bridge, a visible storm drain empties into the creek. Ford Park features a number of creekside visitor attractions, including the Betty Ford Alpine Gardens and education center, Ford Amphitheater, Nature Center, playground and a variety of athletic fields and courts. The Back to Nature trail invites children to play and interact near the creekside, where a series of interpretive panels discuss the impacts of mountain pine beetles, plant and animal species found in Gore Creek, wetlands and riparian areas, and macroinvertebrates. The panels invite readers to think about how they can keep Gore Creek clean. As of summer 2018, the education center features an interactive riparian exhibit that invites visitors to build a beaver dam outside. Inside, exhibits sponsored by various community groups feature interpretation regarding riparian areas and associated species, Vail history, and alpine ecology. One display features a microscope with a viewing monitor to allow close-up viewing of macroinvertebrates collected in Gore Creek. A virtual reality rafting exhibit was also in development during the site visit. At the nature center, trailside signage highlights riparian wildlife species. Inside the building, exhibits feature taxidermy mounts with labels. Charming yet outdated exhibits highlight the food web and shelter needs of various species, get specific on beaver facts, clarify the difference between different bear species, and introduce the various types of trees seen Upstream from Vail Village, a highly visible storm drain empties into Gore Creek Macroinvertebrates can be examined through the microscope at the Betty Ford Alpine Gardens Education Center Existing Interpretation April 2, 2019 - Page 100 of 196 18 in Vail. Additional interior exhibits discuss composting and recycling. Upstream, near the east end of the golf course, a number of benches provide a place to rest and take in views of a pond. The pond, popular with dog walkers, is home to beaver activity and the boreal toad (listed as endangered by the state of Colorado). In spite of these features, etiquette signage is currently not available. Throughout high traffic locations along the trail, commissioned illustrations encourage visitors to refrain from dumping anything down the storm drains, as they flow directly to Gore Creek. Additionally, signage located at revegetation projects warns trail users to keep out of these sensitive sites. IN VAIL At the top of Vail Mountain, accessed via the Eagle Bahn gondola, visitors learn about regional wildlife species in the Nature Discovery Center, where they can also sign up for hikes and guided tours year-round. Open during summer, Epic Discovery features zip lines, tubing, rope courses, a mountain coaster and other mountaintop adventure experiences. An associated short family-friendly walking trail features interactive exhibits that identify landmarks and interpret forest ecology and individual plant and animal species. The Town of Vail provides a mobile app for visitors, featuring information about shopping, dining, parking, road conditions, and events, along with a “Find My Friend” feature. Heritage information is not currently addressed. ANALYSIS As described previously, existing interpretation surveyed throughout Vail focuses in on individual plant and animal species. This project could help bring cohesion to the visitor experience by focusing on interpretation of larger concepts that tie together the individual species and emphasize the similarities to humans’ basic needs. At Epic Discovery, exhibits focus on regional plant and animal species This interactive exhibit interprets a mule deer’s keen sense of hearing Existing Interpretation April 2, 2019 - Page 101 of 196 19 In order to chart a road map for interpretation along the Gore Valley Trail, we must first define the optimal visitor experience. While themes focus on what targeted audiences will learn as a result of interpretation along the tail, the visitor experience narrative explores what audiences will do. We envision a high-functioning, fully developed interpretive program as follows: A Vision for the Visitor Experience Overall Niche Gore Valley Trail is an essential element in the Vail experience and teems with activity. It is the high traffic spine of the community that connects individual sites and emphasizes the role of water as the foundation of all life, weaving together the stories of all species. Visitors approach the trail and its interpretation in a non- linear fashion, accessing different parts of the overall message individually and at different times. Locations and content of interpretive installations are incorporated into the town’s mobile app, while visitors who view the installations along the trail are made aware of the town’s mobile app. eventually, all things run into one, and a river runs through it.” “ —Norman Maclean, author April 2, 2019 - Page 102 of 196 Iconic story stations incorporate thematic cut-outs , graphic panels, and, in some cases, interactive elements 20 A Vision for the Visitor Experience Water is Life Story Stations These iconic story station exhibits are located at numerous locations along the trail and convey the consistent message that water is life. With a recognizable icon and a consistent graphic style and shape, these exhibits explore the facets of our relationship with water, reinforcing awareness of water throughout our visitors’ lives. In the upstream reach (no further than the East Vail interchange/exit 180 on Interstate 70), story stations explore the ways in which we are dependent on water—all the ways we use it in our lives, the animals that depend on it, and how it’s so important to the economy in Vail. Interactive elements might include spotting scopes (ideally with magnification) fixed on the highest point in the watershed, or the beaver lodge constructed in the pond. Low profile story station option April 2, 2019 - Page 103 of 196 21 A Vision for the Visitor Experience In the midstream sections, story stations interpret the necessity of good water quality for all, and how we gauge and monitor it. Interactive elements might include a stream gauge that depicts various flow levels, and a walkover watershed map in Ford Park or the Gore Creek Promenade that shows our position in the watershed and its significance. A spotting scope directs the eye to a stream gauge embedded in the streambed. We’ll explore options for cutting the measurement gauge into a custom shape (such as a fish jumping - not pictured). A walkover map designed in concrete allows the trail user to visualize the watershed and their place in it. April 2, 2019 - Page 104 of 196 22 A Vision for the Visitor Experience In the downstream section (no farther than Donovan Park), story stations explore how we care for the creek, and interpret our efforts to reduce pollutants and increase streamside vegetation. Interactive elements might include a filtration model. A low tech interactive element helps visitors visualize the concept of water filtration. April 2, 2019 - Page 105 of 196 23 A Vision for the Visitor Experience Thematic Site Infrastructure Throughout the trail, at high profile traffic locations, custom cast storm drain grates1 incorporate the themes and remind visitors to avoid polluting the creek. Cast tree grates and custom cut-out railings along the trail reinforce the interpretive themes and elevate the awareness of Gore Creek and Vail’s commitment to achieving outstanding water quality. 1 Any drain grates will be coordinated with the Town of Vail’s roads department to ensure compliance with applica- ble engineering standards. Consider installing custom drain grates to make watershed awareness a permanent fixture. April 2, 2019 - Page 106 of 196 24 A Vision for the Visitor Experience Picnic Areas At least one location along the trail offers the opportunity for interpretive picnic tabletops. A series of thematic picnic tables located near the public library features interpretive tabletops highlighting the food web— “A Bug Buffet,” for example. Additional picnic tables located near the covered bridge in Vail Village provide another high profile opportunity. April 2, 2019 - Page 107 of 196 25 A Vision for the Visitor Experience Guided Programs A number of guided programs enhance and make use of the interpretive installation areas. For example, residents and guests sign up for Creek Camp, a water-focused day camp that incorporates thematic play with guided interpretation. Other programs may involve outdoor art workshops— making prints of the cast storm drain and thematic tree grates for example—or sampling for macroinvertebrates as part of a fishing clinic. April 2, 2019 - Page 108 of 196 26 Recommendations VISITOR EXPERIENCE GUIDELINES Interpretation along the Gore Valley Trail will: Setting Expectations • Offer orientation information that provides an overview of the trail. This may include the use of a small map key on each story station. Theme Reinforcement • Weave the central theme through all exhibits. • Offer a mix of both personal and non- personal (exhibits, for example) media, allowing targeted audiences to freely choose the method and depth of their participation. • Utilize media that can be easily changed or updated. • Highlight the offerings of natural and cultural heritage partners, being careful not to duplicate efforts. • Explain the difference between stormwater systems and sanitary sewers. • Teach the concept of watersheds, and encourage trail users to consider where Gore Creek’s water comes from and how downstream users are impacted by upstream decisions and actions. Inspiration & Sharing • Encourage visitors to participate in follow-up activities and share how they are appreciating and protecting Gore Creek. DESIGN CRITERIA The overall success of interpretation along the Gore Creek Trail depends upon successful execution of design criteria. For the trail, these criteria include exhibits that: • Are designed for primary viewing during summer, but can withstand winter conditions. • Utilize a consistent shape and material, and recycled/recyclable materials where possible1. 1 Digital high pressure laminate (DHPL) signage material is composed of approximately 13% plastic resins and 87% paper. Recycled content varies. The majority of the paper content that composes the central “core” of a panel is sourced from suppliers who are third-party certified to • Are easily replaced and maintained. • Are self-guided, encouraging self- awareness and personal reflection. • Present a hierarchy of interpretation and information. • Provide information on multiple sides. • Are spaced out along the length of the trail, rather than clustered. • Do not impose on traffic flow along the trail, nor obstruct views. • Meet accessibility guidelines with any text appearing between 24-72” from grade. • Feature friendly, engaging interpretive text written at a 6th-8th grade reading level. Avoid writing in a technical voice. • Allow for content delivery in Spanish the Sustainable Forestry Initiative Standard (SFI). The SFI is endorsed by the Programme for the Endorsement of Forest Certification (PERC). DHPL is a chemically inert material that does not emit harmful gasses. For this reason, the US National Park Service and the Canadian Conservation Institute advise that phenolic laminate is an ideal material in which to store or to accompany fragile, archival materials. Further, DHPL is an uncatalyzed product that “breathes” small amounts of moisture, reducing drying and yellowing and providing a long, useful life as reflected in manufacturers’ 10-year limited warranty. April 2, 2019 - Page 109 of 196 27 Recommendations and possibly additional languages. Multilingual content can appear along with English content in exhibits, but will greatly reduce the amount of interpretive text. Exhibit developers and project partners must consider and decide whether multilingual content will appear physically on exhibits, or be available for visitors to access digitally. • Include elements of interactivity. Possibilities to be explored for feasability and cost-effectiveness include: magnification, and measurement of stream flow and water temperature. All interpretive products should rely primarily on images (photos or illustrations), engaging headings and short blocks of text. Text should generally not be more than 150 words per panel. Utilize the 3-30-3 rule (shown at right) for establishing message hierarchy on any interpretive product. GENERAL PARAMETERS Branding Maintaining a professional appearance requires consistency—in the use of color, fonts, and logo elements. Adhere to any applicable design guidelines during the exhibit development process, and ensure their consistent application as interpretive media are created and updated. Web Presence & Mobile Interpretation In today’s digital world, maintaining your on-line presence is just as important as your physical presence. Incorporate installation locations and interpretive content into the town’s existing mobile app. Make sure all links are functional, and ensure downloadable resources have a consistent look and feel. Let Visitors Talk Back The most engaging interpretive experiences allow visitors the opportunity to respond to their experience. While this may already occur via social media channels, continue encouraging these The 3-30-3 Rule of Interpretive Design This rule applies to every written interpretive product, whether it is an exhibit, newsletter, or brochure. 3 SECONDS major information is read (title, subtitle) 30 SECONDS additional information is processed (introduction, photo, first paragraph) 3 MINUTES detailed information is read (maps, phone numbers, captions) An interpretive panel can be designed and written so that it contains three levels of text with each level conveying a feeling of the theme. This approach provides all visitors with an interpretive opportunity. For example, a short title at the top of a sign might be the only text some visitors read, so it is important that the learning objectives for the site be met to some degree even at the 3-second timeframe. April 2, 2019 - Page 110 of 196 28 Recommendations types of posts to increase visibility of the campaign amongst supporters/social media followers and their peers. Partners Promote partnerships with complementary organizations and facilities by featuring their sites as highlighted destinations on interpretive exhibits, where appropriate. Programs Be open to ways to increase your visibility with new audiences. Consider partnering in existing program offerings or developing new offerings that include Gore Creek and the Gore Valley Trail as focal points. When evaluating existing and new programs, ensure alignment with the interpretive goals, visitor objectives and interpretive themes presented in this plan. April 2, 2019 - Page 111 of 196 MEDIA MATRIX The following table lists proposed interpretive elements for the Gore Valley Trail. The Town of Vail and their partners will work together to implement these recommendations. Phases will be implemented as funding and resources permit. PHASE ITEM APPROX COST NOTES QTY GOALS THEMES PHASE IWater is Life Story Stations See the map of proposed story station locations on page 34. Approximately $3,500-6K each (depending on interactive ele- ments and single vs. double-sided) + delivery/instal- lation Location 1—East Vail highway exit UPRIGHT EXHIBIT Content direction: Content will identify the location and significance of the source of Gore Creek. This location will introduce the idea that water picks up pollutants on its path downstream and highlight the stormwater filtration and riparian habitat improvement project installed at this location. Possible interactive: Spotting scope directed at highest point in the watershed 1 1, 2, 2c, 3d, 4 1bi, 1bii, 2a, 2ciii, 2civ Location 2—Beaver pond UPRIGHT EXHIBIT Content direction: Content will address wetlands and ponds as important components of a healthy watershed and their role as habitat for keystone animals such as the beaver and endangered species like the boreal toad. Beavers’ role in shaping the watershed will also be discussed, as will etiquette. Possible interactive: Spotting scope directed at beaver pond 1 1b, 2d, 3b, 3d, 3f, 4 1a (all), 1bii, 2ciii, 2civ Location 3—Ford Park before bridge to nature center in pedestrian cul-de-sac UPRIGHT EXHIBIT Content direction: Content will highlight the diversity of species that rely on Gore Creek and will point to the nearby revegetation project as beneficial to this habitat. 1 1b, 2e, 3d, 3e, 3f, 4 1a (all), 2ciii, 2civ Location 4—Ford Park before covered bridge to hotel complex, across from Alpine Gardens LOW PROFILE EXHIBIT Content direction: Content will discuss the various ways we utilize groundwater and impact surface water. 1 2a, 2b, 3a, 3b, 4 1b, 2a, 2d Recommendations 29 April 2, 2019 - Page 112 of 196 Recommendations MEDIA MATRIX The following table lists proposed interpretive elements for the Gore Valley Trail. The Town of Vail and their partners will work together to implement these recommendations. Phases will be implemented as funding and resources permit. PHASE ITEM APPROX COST NOTES QTY GOALS THEMES PHASE IWater is Life Story Stations See the map of proposed story station locations on page 34. Approximately $3,500-6K each (depending on interactive ele- ments and single vs. double-sided) + delivery/instal- lation Location 5—Ford Park near downstream entrance LOW PROFILE EXHIBIT Content direction: Content will discuss the role of trees (shade, roots, debris) in maintaining stream health. Possible interactive: Tactile element of tree roots 1 1b, 2b, 2c, 3e, 4 1aiii, 1biii, 2d Location 6—Between covered bridge to Vail Village and Ford Park, in sight of Mill Creek confluence UP- RIGHT EXHIBIT Content direction: Content will address how Gore Creek is a dynamic system with seasonal and cyclical variations, and that native species are adapted to these fluctuations. Possible interactive: Spotting scope pointed at fish- shaped stream gauge installed in creek and/or digital gauge 1 1b, 2d, 3c, 4 1a, 2b Location 7—Gore Creek Promenade or Whitewater Park UPRIGHT EXHIBIT Content direction: Content provides an overview of the local and overall Colorado River watershed and invites trail users to find their place in it. Provokes trail users to think about where their water comes from. Possible interactive: Accompanies the walkover water- shed map 1 1a, 3b, 3e, 4 1bi, 1bii, 1biii Location 8—Public Library UPRIGHT EXHIBIT Content direction: Content addresses that one of the ways we monitor water quality is by determining the diversity of aquatic species called macroinvertebrates. Accompanies the interpretive picnic tables. 1 1b, 2b, 3d, 4 1a (all), 2b 30 April 2, 2019 - Page 113 of 196 Recommendations 31 MEDIA MATRIX The following table lists proposed interpretive elements for the Gore Valley Trail. The Town of Vail and their partners will work together to implement these recommendations. Phases will be implemented as funding and resources permit. PHASE ITEM APPROX COST NOTES QTY GOALS THEMES PHASE IWater is Life Story Stations See the map of proposed story station locations on page 34. Approximately $3,500-6K each (depending on interactive ele- ments and single vs. double-sided) + delivery/instal- lation Location 9—Behind Lion Square Lodge west of skier bridge LOW PROFILE EXHIBIT Content here addresses the technical elements of a stream restoration project. Trail users will get important etiquette information and understand that staying on the access trail protects riparian vegetation. 1 2, 2c, 2d, 3d, 3e, 3f 2ci, 2cii, 2ciii, 2civ Location 10—Between wastewater treatment plant and skier bridge LOW PROFILE EXHIBIT Content direction: Content here addresses Gore Creek’s status as a Gold Medal trout stream and how restoration activities protect that. Interpret the brown trout spawning run at this location. Possible interactive: tactile element featuring brown trout 1 1, 2c, 2d, 3b, 3d, 3e, 4 1a, 1bii, 1biii, 2d Location 11—Wastewater treatment plant outflow UPRIGHT EXHIBIT Content direction: Content addresses the effect of water treatment on water quality. Possible interactive: Filtration model 1 2a, 2b, 3a, 3b, 4 2ci, 2d Location 12—Donovan Park UPRIGHT EXHIBIT Content direction: Content addresses that caring for the creek benefit us all and that partners are working together for a healthy Gore Creek. 1 2c, 2d, 2e, 3, 4 2c (all), 2d Story Station Brochure/Rack Card varies based on quality and quan- tity Promotes the campaign and highlights the locations of exhibits along the trail TBD 1, 2, 3, 4 Central theme, 1, 2 April 2, 2019 - Page 114 of 196 Recommendations 32 MEDIA MATRIX The following table lists proposed interpretive elements for the Gore Valley Trail. The Town of Vail and their partners will work together to implement these recommendations. Phases will be implemented as funding and resources permit. PHASE ITEM APPROX COST NOTES QTY GOALS THEMES PHASE IIInterpretive Picnic Tables Approximately $3,500 each ta- bletop + delivery/ installation Location 1—Public Library Content will highlight aquatic and creek-focused food web (“A Bug Buffet,” for example) 2 1b, 3e, 4 1aii, 1aiii Location 2—Vail Village Content will address elements of a healthy creek (“Anat- omy of a Healthy Creek,” for example). 2 2b, 2d, 3a, 3b 1a, 2d Concrete Walkover Watershed Map $25K-$100K, depending on whether slab is existing and what approach would be used (sand- blast and stain vs. detailed mosaic approach) This interactive experience allows trail users to visualize the watershed and their place in it.1 1a, 3, 4a, 4b, 4d, 4e 1bi, 1bii PHASE IIIThematic Drain Grates varies, depend- ing on whether a custom or off-the- shelf product is used These storm drain grates incorporate the interpretive themes and serve as a permanent reminder to trail users to avoid polluting the creek. TBD 1b, 3a, 3b, 3d, 3e, 4b 2a, 2ci 2d, Programming in-house A number of guided programs enhance and make use of the interpretive installation areas. For example, resi- dents and guests sign up for Creek Camp, a water-fo- cused day camp that incorporates thematic play with guided interpretation. Other programs may involve outdoor art workshops— making prints of the cast storm drain and thematic tree grates for example—or sampling for macroinvertebrates as part of a fishing clinic. TBD varies varies April 2, 2019 - Page 115 of 196 US CENSUS CATEGORIESVAIL COLORADO UNITED STATES POPULATIONPopulation census 20105,3055,029,196 308,758,105Population, percent change–2010 to 20173.4%11.5% 5.5%Population estimates 20175,4835,607,154 325,719,178AGE & SEXPersons under 5 years old1.6%6.0% 6.1%Persons under 18 years old12.7%22.5% 22.6%Persons 65 years and over12.7%13.8% 15.6%RACE AND HISPANIC ORIGINWhite, alone94.8%87.3% 76.6%Black or African American1.3%4.5% 13.4%American Indian or Alaskan Native, alone0.0%1.6% 1.3%Asian, alone1.0%3.4% 5.8%Native Hawaiian and Other Pacific Islanders, alone0.0%0.2% 0.2%Two or more races2.6%3.0% 2.7%Hispanic or Latino5.5% 21.5% 18.1%White alone, not Hispanic or Latino89.6%68.3% 60.7%POPULATION CHARACTERISTICSVeterans, 2012-2016211383,699 19,535,341Foreign born persons, percent, 2012-201611.5%9.8% 13.4%HOUSINGOwner-occupied housing unit rate 2012-201662.8%64.4% 63.6%Median value of owner-occupied housing units 2012-2016$556,000$264,600 $184,700Median selected monthly owner costs with a mortgage, 2012-2016 $2,004$1,585$1,491Median gross rent, 2012-2016$746$427$949FAMILIES & LIVING ARRANGEMENTSHouseholds 2012-20162,2792,051,616 117,716,237Persons per household 2012-20162.352.56 2.64Language other than English spoken at home, persons age 5+ years, 2012-201614.0%17.0% 21.1%EDUCATIONHigh school graduate or higher, percent of persons 25+ 2012-201699.1%91% 87%Bachelor’s degree or higher, percent of persons 25+, 2012-201659.1%38.7% 30.3%HEALTHWith a disability under age 65, 2012-20162.5%7.2% 8.6%Persons without health insurance under age 6511.4%8.6% 10.1%INCOME & POVERTYMedian household income (in 2016 dollars), 2014-2016$73,125$62,520 $55,322Persons in poverty6.1%11.0% 12.7%GEOGRAPHYPopulation per square mile, 20101,135.748.5 87.4 33 Appendix A—Demographics April 2, 2019 - Page 116 of 196 Appendix B—Proposed Story Station Locations 34 Donovan Park Public Library VailVillage Ford Park Pond LionsheadVillage 1 2 34 567 8910 11 12 April 2, 2019 - Page 117 of 196 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Ordinance No. 3, S eries of 2019, A n Ordinance Amending Chapter 1 of Title 4 of the Vail Town Code to Address Business L icensing Fees for Accommodation Services. P RE S E NT E R(S ): Alex J akubiec, S ales Tax and L icensing Administrator AC T IO N RE Q UE S T E D O F C O UNC I L: Staff is requesting Council’s approval of the first reading of Ordinance No. 3, Series 2019. B AC K G RO UND: P lease see attached memo. S TAF F RE C O M M E ND AT IO N: A pprove or approve with amendments upon first reading of Ordinance No. 3, Series 2019. AT TAC H ME N TS: Description Ord 3 2019 Business License Update April 2, 2019 - Page 118 of 196 __________________________________________________________________________ Memorandum TO: Town Council FROM: Finance Department DATE: April 2, 2019 SUBJECT: Ordinance No. 3, Series 2019: Business License Code Update I. SUMMARY Ordinance No. 3 is a housekeeping update to the business licensing code for accommodation service providers. II. BACKGROUND In January of 2016, the town first introduced a business license for short-term rentals and revised the license fee schedule for lodging to encompass all short-term rentals of property, whether in a hotel or in a personal residence. Later, Ordinance No. 15, Series 2017 adopted a new chapter 14 of the Town code, establishing a requirement for short-term rental properties to obtain an STR registration, unique from the Town’s business license. As a result, the business license fee section relating to short-term rentals was repealed. However, in repealing that section, it also removed the fee structure for lodging properties and property managers. This part of the code needs to be returned for the proper identification of the Town’s current business license fee structure for this business segment. There are no revenue changes to the business license fee structure, just returning the original fee structure for lodging and property management business license fees back to the Town code. III. ACTION REQUESTED FROM COUNCIL Staff is requesting Council’s approval of the first reading of Ordinance No. 3, Series 2019. April 2, 2019 - Page 119 of 196 1 4/02/2019 Q:\USERS\VAIL\ORD\2019\BUSINESS LICENSE FEES-O032219.DOCX ORDINANCE NO. 3 SERIES 2019 AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 4 OF THE VAIL TOWN CODE TO ADDRESS BUSINESS LICENSING FEES FOR ACCOMMODATION SERVICES NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 4-1-2 of the Vail Town Code is amended by the addition of the following new definitions, to appear in alphabetical order: ACCOMMODATION SERVICE: The furnishing of rooms or accommodations by any person, partnership, association, corporation, estate, representative, or any other combination of individuals, to a person who for a consideration uses, possesses, or has the right to use or possess, any room in a hotel, apartment hotel, accommodation unit, lodge, lodging house, motor hotel, guesthouse, guest ranch, trailer coach, mobile home, auto camp, trailer court and park, fractional fee club, fractional fee club unit, bed and breakfast, or short-term rental property for a period of less than thirty (30) consecutive days under any concession, permit, right of access, license or agreement, including property management and similar services, but excluding owners of short-term rental properties, as that term is defined in Section 4-14-2. RENTAL INTEREST: The smallest portion of an accommodation service that can be separately leased, licensed or used. Section 2. Section 4-1-4(B) of the Vail Town Code is hereby amended as follows: 4-1-4: FEES. * * * B. Schedule: An annual business license fee shall be paid by every person doing business in the Town in accordance with the following schedule: 1. Short-term Rentals: Repealed. Accommodation services: Accommodation services shall pay a fee as follows: a. Accommodation services with more than two (2) rental interests shall pay a flat fee of three hundred twenty-five dollars ($325.00), plus a fee of seventeen dollars ($17.00) per rental interest located in Zone 1 and twelve dollars and seventy-five cents ($12.75) for each rental interest located in Zone 2. April 2, 2019 - Page 120 of 196 2 4/02/2019 Q:\USERS\VAIL\ORD\2019\BUSINESS LICENSE FEES-O032219.DOCX b. Accommodation services with two (2) or fewer rental interests shall pay a flat fee of one hundred fifty dollars ($150.00), plus a fee of seventeen dollars ($17.00) per rental interest located in Zone 1 and twelve dollars and seventy-five cents ($12.75) for each rental interest located in Zone 2. c. The accommodation service licensing requirement applies to businesses conducting property management or similar services for short-term rental property, but it does not apply to short-term rental property owners separately registered under Title 4, Chapter 14, of this Code. * * * 11. Lodge support businesses Lodges: Lodge support businesses shall pay a minimum business license fee depending on the category of business being operated at the rate of seventy five percent (75%) of the rate charged for each category listed above, and shall pay an additional fee depending upon the type of business being operated at the same rate as set forth for each category listed above. * * * Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of April, 2019 and a public hearing for second reading of this Ordinance set for the 16th day of April, 2019, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ David Chapin, Mayor ATTEST: April 2, 2019 - Page 121 of 196 3 4/02/2019 Q:\USERS\VAIL\ORD\2019\BUSINESS LICENSE FEES-O032219.DOCX ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16th day of April, 2019. _____________________________ David Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk April 2, 2019 - Page 122 of 196 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Ordnance No. 5 Series of 2019, First Reading, A n Ordinance Authorizing the S ale of Certain Real Property Known as Unit 2, Vail Village I nn Plaza, P hase V Condominiums, to S T K Capital, L L C for $1,547,000. P RE S E NT E R(S ): George Ruther, Housing Director AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, A pprove with Modifications, or Deny Ordinance No. 5, Series of 2019, on first reading. B AC K G RO UND: P lease refer to the staff memorandum, dated April 2, 2019, discussing this agenda item. S TAF F RE C O M M E ND AT IO N: T he Town staff recommends the Vail Town Council approves Ordinance No. 5, Series of 2019, upon first reading. AT TAC H ME N TS: Description Memorandum Ordinance No. 5, Series of 2019 Ordinance No. 5, Series of 2019 April 2, 2019 - Page 123 of 196 To: Vail Town Council From: George Ruther, Housing Director Matt Mire, Town Attorney Date: April 2, 2019 Re: Ordinance No. 5, Series of 2019, an ordinance authorizing the sale of certain real property known as Unit 2, Vail Village Inn Plaza, Phase V Condominiums, to STK Capital, LLC for $1,547,000 I. Purpose The purpose of this memorandum is to provide a summary of the background leading up to the presentation of proposed Ordinance No. 5, Series of 2019. Ordinance No. 5 authorizes the sale of certain real property owned by the Town of Vail. II. Background The Town of Vail acquired the commercial unit pursuant to a development impact mitigation obligation of a major amendment to Special Development District #6, Vail Village Inn. At the time of acquisition, the Town was in need of a space for the Colorado Ski Museum. The commercial space was used as the site of the Colorado Ski Museum until its subsequent relocation to the Vail Village Transportation Center. The benefits of the commercial space have not been fully realized since the relocation of the Ski Museum. Over the years the space has been used by various non-profit organizations for business offices, and more recently, by the Town of Vail as temporary office space when other town facilities were under major repair or remodel (i.e., Main Vail Fire Station, Vail Public Library, etc.). By in large, however, the commercial space is underutilized and has remained vacant, costing the Town of Vail annual operating and maintenance expenses in excess of $50,000 per year. The Vail Town Council has expressed interest in selling its fee simple real estate interest in Commercial Unit #2, Vail Village Inn, Phase V Condominiums. According to the Vail Town Charter, the Vail Town Council may sell town-owned real estate property subject to passage of an approving ordinance. April 2, 2019 - Page 124 of 196 III. Action Request of the Val Town Council Approved, approve with modifications, or deny Ordinance No. 5, Series of 2019, on first reading. IV. Staff Recommendation In preparing for the intended sale of the Town-owned commercial unit the Vail Town Council identified ten (10) terms for consideration. Each of the ten (10) terms has been addressed through the real property sale listing, negotiation, contract execution and transaction. With that in mind, the Town staff recommends the Vail Town Council approves Ordinance No. 5, Series of 2019, upon first reading. Town of Vail Page 2 April 2, 2019 - Page 125 of 196 ORDINANCE NO. 5 SERIES 2019 AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN REAL PROPERTY KNOWN AS UNIT 2, VAIL VILLAGE INN PLAZA, PHASE V CONDOMINIUMS, TO STK CAPITAL, LLC FOR $1,547,000 WHEREAS, Section 4.8 of the Vail Town Charter requires that the Town Council authorize the sale of real property by ordinance; and WHEREAS, the Town Council finds and determines that the sale of the real property known as Unit 2, Village Inn Plaza and more particularly described as Unit 2, Vail Village Inn Plaza, Phase V Condominiums (the "Property"), to STK Capital, LLC for $1,547,000, is in the best interest of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Pursuant to Section 4.8 of the Vail Town Charter, the Town Council hereby authorizes the sale of the Property to STK Capital, LLC for $1,547,000, under the terms of the Purchase and Sale Agreement Counter Offer, dated March 27, 2019, which agreement is hereby ratified by this ordinance. The Town Manager is hereby authorized to sign all documents necessary to complete the sale of the Property, subject to approval of such documents by the Town Attorney. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. 1 3/28/2019 S:\HOUSING\BOARDS\VAIL TOWN COUNCIL\ORDINANCES\2019\ORDINANCE NO. 5, SERIES OF 2019 VVI PHASE V 04022019.DOCX April 2, 2019 - Page 126 of 196 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of April, 2019 and a public hearing for second reading of this Ordinance set for the ____ day of ______________, 2019, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ David Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of _______________, 2019. _____________________________ David Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk 2 3/28/2019 S:\HOUSING\BOARDS\VAIL TOWN COUNCIL\ORDINANCES\2019\ORDINANCE NO. 5, SERIES OF 2019 VVI PHASE V 04022019.DOCX April 2, 2019 - Page 127 of 196 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Proposed Parcel E, Chamonix Vail Neighborhood – Options for Consideration – Request for Direction P RE S E NT E R(S ): George Ruther, Housing Director AC T IO N RE Q UE S T E D O F C O UNC I L: A t the end of the discussion, the Vail Town Council will be asked to provide direction to the Town staff as to which, if any, of the proposed approaches best serves the interest of the greater Vail community. B AC K G RO UND: The Vail Town Council has expressed its intent to sell the Town's interest in P arcel D of the Chamonix Vail Neighborhood. Proceeds from the sale of the P arcel could be applied to recoup a portion of the nearly $4M financial subsidy granted to the development of the Chamonix Vail Neighborhood. I n order to effectively sell the P arcel, certain determinations regarding the sales approach must first be decided. S TAF F RE C O M M E ND AT IO N: T he Town staff recommends the Vail Town Council discussion and consider the four options outlined in the staff memorandum and provide direction as to which, if any, of the options the Town Council supports the staff in pursuing. AT TAC H ME N TS: Description Chamonix Vail Proposed Parcel E Memorandum April 2, 2019 - Page 128 of 196 To: Vail Town Council From: George Ruther, Housing Director Date: April 2, 2019 Re: Proposed Parcel E, Chamonix Vail Neighborhood – Options for Consideration – Request for Direction I. Purpose The purpose of this memorandum is to outline options for consideration in determining the best approach to selling the Town’s interest in Proposed Parcel E, Chamonix Vail Neighborhood. To aid in making that determination, a background section has been included to establish context for the discussion and a summary of the options for consideration is provided herein. At the end of this discussion, the Vail Town Council will be asked to provide direction to the Town staff as to which, if any, of the proposed approaches best serves the interest of the greater Vail community. This agenda item furthers the Town’s adopted housing goal and aligns with the housing initiatives and priorities highlighted in the 2018-2020 Vail Town Council Action Plan. II. Background The Town of Vail was the previous owner of the 3.54 acre Chamonix Vail property located in West Vail. Through its ownership, in part, the Town sponsored and caused the Chamonix Vail Neighborhood to be master planned and developed. As discussed throughout the course of the site design, entitlement and development processes, the Chamonix Vail property, upon its completion, was to include thirty-two (32), resident- occupied, deed-restricted, for-sale, two and three bedroom townhomes with a future opportunity for the Town to sell, or otherwise develop for residential uses, Parcel D of the Chamonix Vail Neighborhood. The Chamonix Vail Community Townhome Plat was recorded on December 19, 2017. The Chamonix Vail Neighborhood development was completed in the spring of 2018. As recently as December 2018, the Vail Town Council had again, expressed its intent to sell Parcel D (aka Proposed Parcel E). It has been long understood that the availability and affordability of residential homes are significant barriers to entry into the Vail real estate market for many local residents. April 2, 2019 - Page 129 of 196 In fact, according to the most recent community survey, housing is one of, if not the most, significant issue facing the Vail community. With that in mind, the Vail Town Council set forth to develop the Chamonix Vail Neighborhood. To that end, the Town of Vail provided a financial subsidy to incentivize the development of the Chamonix Vail Neighborhood. The total development cost, including site access, below grade utilities and land was approximately $21M. The Town subsequently entered into a development agreement with Triumph Development for a total project cost of $17.725M. As a result, a nearly $4M financial subsidy was granted to the project by the Town of Vail. The Town of Vail took many strategic actions throughout the design, entitlement and development processes with the intent of recouping a portion of the $4M financial subsidy through the sale or development of Parcel D. Examples of strategic actions taken include, • Establishment of Parcel D through the recording of the Townhome Plat • Addition of a Plat Note indicating the intended future residential use of Parcel D • Separated Parcel D from any involvement in operations of the Chamonix Vail Community • Established a ten-year window for the Town to further subdivide Parcel D from the Chamonix Vail Community • Maintained the Housing (H) District designation on Parcel D Parcel D remains within the Town’s Housing (H) District. In part, the Housing District is intended to provide adequate sites for resident-occupied, deed-restricted homes for Vail residents. And, because of the unique nature and characteristics of deed-restricted housing, it is acknowledged in the (H) District the importance of providing flexible, nimble and adaptable development standards and processes specifically prescribed for each development proposal or project. This acknowledgement is best achieved through the approval of a development plan for each project and the ability for the administrator to waive or defer certain development plan application materials. Further, pursuant to the provisions of Chapter 6, Article I, of the Zoning Regulations of the Town of Vail, certain free-market dwelling unit uses are allowed in the (H) District, subject to the issuance of a conditional use permit, and provided said free-market dwelling units are: • created solely for the purpose of subsidizing deed-restricted housing on the property, • not the primary use on the property and GRFA of the free-market homes does not exceed 30% of the total GRFA, • only created in conjunction with deed-restricted housing, and Town of Vail Page 2 April 2, 2019 - Page 130 of 196 • compatible with existing and proposed uses and buildings. To achieve the Town’s development objectives for sites in the Housing (H) District the approval of a Development Plan is required. In part, an Approved Development Plan sets forth the development standards for the property (i.e. # of homes, GRFA, site coverage, building height, etc.) and prescribes the development potential of the site. Unlike other zone districts in the Town of Vail, where the development standards are prescribed in the Zoning Regulations, the development potential of a site in the (H) District can only be determined upon approval of an Approved Development Plan. In January of 2017, the Town of Vail Planning & Environmental Commission adopted an Approved Development Plan for the Chamonix Vail Neighborhood. For zoning purposes, the entire 3.54 acre parcel, which includes Parcel C, Parcel D, and each of the 32 townhome lots, is considered the development site. To achieve the Town’s development objectives for Parcel D, an amendment to the Approved Development Plan for the Chamonix Vail Neighborhood is required. Amendments to previously approved development plans are permitted. Amendment procedures are set forth in Section 12-6I-11E of the Zoning Regulations of the Town of Vail. An application for an amendment to the Approved Development Plan requires the signature of the Chamonix Vail HOA Board. The Vail Town Council has reaffirmed its intent to sell Parcel D. To that end, the Vail Town Council instructed the town staff to complete a residential real estate appraisal to provide an estimate of value of Proposed Parcel E. Understandably, as a vacant, undeveloped parcel, the estimate of value is largely based upon the permitted development potential of the property. As instructed, a real estate appraisal was completed in August of 2018 utilizing the following assumptions: • Proposed Parcel E shall remain in the Housing (H) District and continue to be associated with Chamonix Vail Neighborhood Development Plan • The maximum allowable density on Proposed Parcel E could be three dwelling units (two free-market & one deed-restricted) and up to 8,700 square feet of GRFA total • At least one of the homes shall be deed-restricted for resident occupancy • The total area of Proposed Parcel E shall be 0.4638 acres, or 20,203 square feet. The estimated value of the property will vary widely, up or down, depending upon the development potential of the property. In general terms, the more that can be developed, the higher the value of the land. According to the consulting real estate appraiser, a true comparable estimate of value can not be determined until the development potential of the property is verified. The development potential of the Town of Vail Page 3 April 2, 2019 - Page 131 of 196 property can not be verified until an amendment to the development plan is approved. Therefore, the development potential of Proposed Parcel E can not be determined until an amendment to the Chamonix Vail Neighborhood Development Plan is approved by the Town’s Planning & Environmental Commission. It has been suggested that an amendment can not be reviewed in the absence of building elevations, floor plans, architectural drawings, massing and orientation drawings, landscape plan, etc. This is not necessarily correct given the intended flexibility and administrator discretion granted to the Housing (H) District. Parcel D has no development potential today. Knowingly, Parcel D was set aside for future residential development at the time the Chamonix Vail Community Townhome Plat was recorded. At that time, it was widely understood that the review and approval of certain development applications would be necessary to develop on Parcel D in the future. Given the circumstances of the site, it was understood that the review and approval of the following applications would likely be needed: • Master Plan Amendment • Minor Subdivision • Rezoning • Approved Development Plan • Variance for Steep Slopes • Conditional Use Permit for Free-Market Dwelling Units • Design Review III. Options for Consideration The Vail Town Council has instructed the town staff to sell Parcel D (aka Proposed Parcel E). The purpose of selling Parcel D is to recoup a portion of the Town’s investment in the original 3.54 acre land purchase and to create additional resident- occupied, deed-restrictions on Parcel D. When forwarding its instruction to the town staff, the Town Council expressed the following development objectives: • utilize the flexibility and financial incentives afforded by the Housing (H) District designation, • allow the development of free-market dwelling units to incentivize the creation of more deed-restricted homes in Vail, • maximize the return on town funds invested (i.e. sales price) to reduce the amount of subsidy granted to the Chamonix Vail Neighborhood, and • optimize the number of resident-occupied, deed-restricted homes on Parcel D. To effectively sell Proposed Parcel E and realize the Town’s objectives, the value of the property must be understood. There are several options for the Vail Town Council to Town of Vail Page 4 April 2, 2019 - Page 132 of 196 consider when determining the best approach to selling Proposed Parcel E and realizing the Town’s objectives. Each of the options is summarized below. 1. Sell “as is” Parcel D has no development potential “as is”. The development potential would need to be created through a minor subdivision and amendment process. The buyer would have an obligation of going through the Town’s development review process I hopes of gaining development potential. Value is determined based upon “as is” condition. This approach likely yields the lowest sales price and has a high level of risk to the buyer. This approach has the lowest likelihood of achieving the town’s objectives. 2. Sell contingent upon approval of a Subdivision and an Amendment to the Approved Development Plan Similar to Option #1 above, however, the potential buyer only purchases the property if the minor subdivision and amendment applications are approved. The value of the land would be based upon what might be approved. The determination of value would be speculative. This approach yields a higher sales price and has a low level, if any, risk to the buyer. The buyer is exposed to the cost of the development review process and time. This approach has a higher likelihood of achieving the Town’s objectives. 3. Subdivide the Parcel, Amend the Approved Development Plan, and then Sell the Property As the owner of Parcel D the Town of Vail can pursue a request to subdivide the Parcel, amend the Approved Development Plan and then, if approved, sell the property. This approach places the onus on the Town of Vail to establish the development potential of the property up front by going through the development review process prior to listing the property for sale. Once the development potential has been established, the determination of value is no longer speculative. This approach yields the highest sales price and is most assured of achieving the Town’s objectives. This approach places the cost, and obligations of the development review process, on the Town of Vail. This approach does not perfectly align with the development review process, however, the town code does grant authority to the administrator to make exceptions based upon findings. 4. Land Bank Parcel D The Town of Vail owns Parcel D with no debt on the property. The Vail Town Council could reconsider its early decision to sell Parcel D and hold it in a land Town of Vail Page 5 April 2, 2019 - Page 133 of 196 bank situation. This approach differs from all previous considerations and does not address the Town’s interest in recouping a portion of the financial subsidy granted to the Chamonix Vail Neighborhood. Simply said, a decision to take no action at this time and land bank the property defers any decision making to a future date. It should be noted that the Town’s ten-year window for further subdividing the property closes in 2027. IV. Action Requested of the Vail Town Council The Vail Town Council is being asked to provide direction to the town staff. That said, which, if any, of the options summarized in Section III above is supported by the Vail Town Council? Once direction has been provided, the Town’s Housing Department will take the steps necessary to implement the Vail Town Council’s direction. Town of Vail Page 6 April 2, 2019 - Page 134 of 196 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Ordinance No. 4, S eries of 2019, Second Reading, A n Ordinance Amending S ection 12-7H-12, Density, Vail Town Code, and Section 14-8-1, Vail Town Code, to Remove the Dwelling Units per Acre Maximum W hile Maintaining the Existing Dimensional Standards I ncluding G R FA and Building Height in the L ionshead Mixed Use-1 Z one District P RE S E NT E R(S ): Chris Neubecker, Community Development P lanning Manager AC T IO N RE Q UE S T E D O F C O UNC I L: T he Vail Town Council shall table Ordinance No. 4, S eries of 2019 to the J une 4, 2019 Town Council meeting. B AC K G RO UND: The proposed change to the density maximum in L ionshead Mixed Use-1 zone district will encourage redevelopment of properties in the L ionshead area, as encouraged by the L ionshead Redevelopment Master Plan. S TAF F RE C O M M E ND AT IO N: T he Community Development Department recommends tabling of Ordinance No. 4, Series of 2019 to the J une 4, 2019 Town Council meeting. AT TAC H ME N TS: Description Staff Memo - Lionshead Mixed Use - 1 Density Text Amendment Ordinance No. 4, Series of 2019 Attachment A - Vicinity Map Attachment B - Applicant Narrative Attachment C - Lionshead Analysis of Redevelopment by MP G Attachment D - Letter from Eagle River Water and Sanitation District Attachment E - Letter from Town Engineer Attachment F - Previous Zoning Map - Lionshead Area Attachment G - Staff Memo to P E C - January 28, 2019 Attachment J - Letters of Support April 2, 2019 - Page 135 of 196 TO: Vail Town Council FROM: Community Development Department DATE: March 5, 2019 SUBJECT: First reading of Ordinance No. 4, Series of 2019, an ordinance amending Section 12-7H-12, Density, Vail Town Code, and Section 14-8-1, Site Development Standards, Vail Town Code, to remove the dwelling units per acre maximum while maintaining the existing dimensional standards including GRFA and building height in the Lionshead Mixed Use-1 (LMU-1) zone district. Applicant: Treetops Condominium Association, represented by Mauriello Planning Group Planner: Chris Neubecker I. SUMMARY The applicant, the Treetops Condominium Association, represented by Mauriello Planning Group, requests the first reading of Ordinance No. 4, Series of 2019, an ordinance amending Section 12-7H-12, Density, Vail Town Code, and Section 14-8-1, Site Development Standards, Vail Town Code, to remove the dwelling units per acre maximum while maintaining the existing dimensional standards including GRFA and building height in the Lionshead Mixed Use-1 (LMU-1) zone district. On January 28, 2019 the Planning and Environmental Commission (PEC) forwarded a recommendation of approval to the Vail Town Council, of the proposed text amendment, subject to the findings noted in Section VIII of the staff memorandum to the PEC. (Attachment G). II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 4, Series of 2019, upon first reading. III. DESCRIPTION OF REQUEST The applicant is proposing to remove the maximum number of dwelling units per acre (density) within the Lionshead Mixed Use-1 (LMU-1) zone district, so that there would be no limit on density. No changes are proposed to the existing limits on Gross Residential Floor Area (GRFA), building heights, setbacks, site coverage, landscaping, April 2, 2019 - Page 136 of 196 Town of Vail Page 2 or any other dimensional standard. The proposed text amendment would apply only to properties within the Lionshead Mixed Use-1 (LMU-1) zone district. The Lionshead Mixed Use-1 (LMU-1) zone district is bounded (approximately) on the north side by S. Frontage Road and E. Lionshead Circle, on the south side by Gore Creek, on the west at the intersection of S. Frontage Road and Forest Road, and on the east by Dobson Ice Arena and the Vail Library. (The Lionshead Parking Structure, Dobson Ice Arena, and Vail Library are in the General Use (GU) zone district, and are not impacted by this proposal.) Please see Attachment A – Vicinity Map, for more details. Following are the proposed text amendments: (New language is shown in bold italics. Text removed is shown in strikethrough.) Section 12-7H-12: DENSITY (DWELLING UNITS PER ACRE): Up to a thirty three percent (33%) increase over the existing number of dwelling units on a property or thirty five (35) dwelling units per acre, whichever is greater, shall be allowed. For the purpose of calculating density, employee housing units, accommodation units, attached accommodation units, timeshare units, and fractional fee club units shall not be counted as dwelling units. Additionally, a "lodge dwelling unit", as defined herein, shall be counted as twenty five percent (25%) of a dwelling unit for the purpose of calculating density. No limitation on the number of dwelling units per acre permitted Section 14-8-1, SITE DEVELOPMENT STANDARDS TABLE 8 SUMMARY OF ZONING SETBACK AND DEVELOPMENT LIMITATIONS LMU-1 Lionshead mixed use 1 35 units per acre or 33% increase over existing units on property No limitation on the number of dwelling units per acre permitted Type IV as a permitted use 10' all2 May project not more than the lesser of 10' or 1/2 the required setback May project not more than the lesser of 5' or 1/2 the required setback 4' 70%2 20%2 10,000 None n/a 71' average 82.5 max.2 50% of parking must be located within the main building or buildings. April 2, 2019 - Page 137 of 196 Town of Vail Page 3 IV. BACKGROUND Prior to adoption of the current zoning (1999) and the Lionshead Redevelopment Master Plan (LRMP), the zoning in the Lionshead area included several zone districts. The following zone districts were in place on the various properties currently zoned Lionshead Mixed Use-1 (LMU-1): • Commercial Core 1(CC1) • High Density Multiple Family (HDMF) • Medium Density Multiple Family (MDMF) • Special Development District (SDD) • Parking (P) On December 15, 1998 the Vail Town Council adopted the Lionshead Redevelopment Master Plan as an official element of the Vail Comprehensive Plan, via Resolution No. 14, Series of 1998. The purpose of the Plan was “to encourage redevelopment and new development initiatives within the Lionshead study area.” Lionshead was recognized at the time to lack the economic vitality of Vail Village and failed to offer a world-class resort experience. Lionshead lacked growth in accommodation units, had a poor quality retail experience, uninteresting pedestrian environment, mediocre architectural character and was absent incentives for redevelopment. The adopted LRMP created incentives for redevelopment, and to date, several properties have redeveloped or new construction has been completed. On April 6, 1999, the Vail Town Council adopted Ordinance No. 3, Series of 1999 which amended the zoning regulations in the Lionshead area by creating two new zone districts, Lionshead Mixed Use-1 and Lionshead Mixed Use-2, in order to implement the Lionshead Redevelopment Master Plan. On April 6, 1999 the Vail Town Council adopted Ordinance No. 4, Series of 1999, which amended the official zoning map for the Town of Vail and rezoned most of the land within the Lionshead area to Lionshead Mixed Use-1 zone district. On March 21, 2006 the Vail Town Council adopted Resolution No. 3, Series of 2006 to allow for the addition of the Lionshead Redevelopment Master Plan land use designation, deletion of the Tourist Commercial land use designation, and amendments to the Land Use map. V. CRITERIA FOR REVIEW Per Section 12-3-7, Amendment, Vail Town Code, before acting on a zone district boundary amendment application, the PEC and Town Council shall consider the following factors with respect to this proposal: April 2, 2019 - Page 138 of 196 Town of Vail Page 4 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Staff finds that the applicant’s proposed text amendments further the general and specific purposes of the zoning regulations by promoting the redevelopment of residential property, and in some cases the associated commercial spaces, within the Lionshead base area. The purpose of the Lionshead Redevelopment Plan is to promote redevelopment, which can be encouraged by removing restrictions on the number of allowed dwelling units and allowing greater flexibility for private sector investments. The proposed changes will provide additional motivation and options for redevelopment above those already existing. The removal of the density cap should have no visual impact on Lionshead, since the existing regulations for GRFA, building height, setbacks, site coverage, parking and design requirements will remain. Staff finds that this criterion has been met. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Staff finds that the proposed text amendments will better implement or achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan. The existing zoning regulations for the Lionshead Mixed Use- 1 zone district, including higher density limits, have resulted in limited redevelopment. Several properties within Lionshead have not been redeveloped. The proposed changes could create enough flexibility to spur some owners and associations to take on a redevelopment project. It is unlikely that all properties in need of renewal will take advantage of the proposed density changes, but the proposed text amendment increases the likelihood for redevelopment. Those properties that redevelop will contribute to advancing the goals for renewal in this important core area of the community while still meeting the existing dimensional requirements such as GRFA, building height, setbacks, site coverage, landscaping and parking. Staff finds that this criterion has been met. 3. The text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and April 2, 2019 - Page 139 of 196 Town of Vail Page 5 Conditions have changed since the adoption of the Lionshead Mixed Use-1 zone district. When the existing Lionshead Mixed Use-1 zone district was adopted, there was an expectation that unlimited density for timeshares, accommodation units and fractional fee units, as well as a 33% increase in dwelling units (or 35 units per acre, whichever is greater), would be sufficient to encourage redevelopment. Timeshare and fractional fee units are not nearly as popular today as they once were, and many such units that were built now sit empty and unsold. The existing regulation is no longer appropriate or is inapplicable if it is not achieving the desire policy result. Removal of the density cap is one more step that can be taken to provide flexibility and options to encourage owners to upgrade their properties. The existing regulation is not fully achieving its desired outcome. Staff finds that this criterion has been met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Staff believes this text amendment will ensure a harmonious, convenient, workable relationship among land use regulations consistent with the Town's development objectives. Specifically, the proposed text amendment will only change the allowed number of dwelling units. No changes are proposed to the GRFA, building height, setbacks, parking, site coverage or design requirements. As a result, the exterior of any new building reviewed under the proposed regulations will need to meet the same regulations that currently apply. Under existing regulations, a building can be constructed that looks identical in size and shape to a building that would be allowed with the proposed text amendment. Staff finds that this criterion has been met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. In addition to the considerations mentioned above, the Town Council should consider the impact of the proposed text amendments on the capacity of the Town’s infrastructure, including roads, water and sewer. The proposed text amendment will allow for an increase in the total number of dwelling units within the Lionshead Mixed Use 1 zone district, which should also lead to an increase in the number of people living and staying in Lionshead. As a result of more people, redevelopment is expected to generate more traffic, water use, and wastewater. Water and Sewer As shown on the attached memo (Attachment D) from the Eagle River Water and Sanitation District (ERWSD), the proposal to eliminate the density maximum could April 2, 2019 - Page 140 of 196 Town of Vail Page 6 have future impacts on the capacity of the local sewer treatment plants. If the growth is greater than planned by ERWSD, then “wastewater flows could eventually exceed the treatment capacity of the Vail Wastewater Treatment Facility.” The Vail Wastewater Treatment Facility is already at capacity during the peak period from Christmas through New Years week, when wastewater flows are diverted to the Avon Wastewater Treatment Facility. (Please see the attached memo from the Eagle River Water and Sanitation Districts (Attachment D). ERWSD has indicated that water supply is sufficient to accommodate the additional density. Traffic Increases in density could also have impacts on local traffic. As shown in the Town Engineer’s memo (Attachment E), the Vail Transportation Master Plan assumes 110 net new dwelling units within the Lionshead Mixed Use-1 zone district, as well as 50 additional fractional fee type units, 20 accommodation units, and 50,000 square feet of retail. At the time of the study, a major redevelopment of the Lionshead Parking Structure was also under consideration, and the traffic study assumed additional traffic as a result. If future development exceeds these estimates, and if a major redevelopment of the Lionshead Parking Structure moves forward, then the Vail Transportation Master Plan will need to be updated and additional carrying capacity of the transportation system may be required. As proposed, there would be no limit on the number of dwelling units allowed in the Lionshead Mixed Use-1 zone district. In reality, there will not be an unlimited number of units built. For a project that reaches its maximum GRFA, the size of the units must get smaller as the number of units increases. At some point, however, smaller units will not make economic sense to construct if they become too small to be comfortable. Also, staff does not see a fair comparison between unlimited dwelling units and unlimited EHUs, accommodation units, timeshares, or fractional fee club units. There is not currently a strong market demand from developers eager to build EHUs, AUs, timeshares, or fractional fee club units; there is, however, demand for dwelling units as shown by the escalating cost of real estate. Staff believes that the applicant’s proposal will lead to more redevelopment and additional impacts on local infrastructure. Since the policy of the Lionshead Redevelopment Master Plan is to encourage redevelopment, staff considers this proposal in line with the policy objective of the plan. Short Term Rentals One possible benefit of the proposed text amendment is that smaller units may be more likely to be short-term rented than larger units. These “hot beds” are encouraged in the Lionshead Redevelopment Master Plan since they are assumed to contribute more effectively to the local economy by supporting local retail and restaurants. April 2, 2019 - Page 141 of 196 Town of Vail Page 7 VI. RECOMMENDED MOTION Should the Vail Town Council choose to approve Ordinance No. 4, Series of 2019, upon first reading, the Community Development Department recommends the Council pass the f ollowing motion: “The Vail Town Council approves, on first reading, Ordinance No. 4, Series of 2019, an ordinance amending Section 12-7H-12, Density, Vail Town Code, and Section 14-8-1, Site Development Standards, Vail Town Code, to remove the dwelling units per acre maximum while maintaining the existing dimensional standards including GRFA and building height in the Lionshead Mixed Use-1 zone district and setting forth details in regard thereto.” Should the Vail Town Council choose to approve Ordinance No. 4 Series of 2019, the Community Development Department recommends the Council m ake the f ollowing findings: “Based upon the review of the criteria outlined in Sections VII of the Staff me morandum to the Planning and Environmental Commission dated January 28, 2019 and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the zoning regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.” VII. ATTACHMENTS A. Vicinity Map B. Applicant’s Narrative C. Lionshead Analysis of Redevelopment by MPG D. Letter from Eagle River Water and Sanitation District E. Letter from Tom Kassmel, Town Engineer F. Previous Zoning Map – Lionshead Area G. Staff Memo to PEC – January 28, 2019 H. Lionshead Redevelopment Master Plan (link) I. Vail Transportation Master Plan (link) April 2, 2019 - Page 142 of 196 1 2/27/2019 S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\19\ORDINANCE NO. 4 SERIES OF 2019 LIONSHEAD MIXED USE 1 DENSITY.DOCX ORDINANCE NO. 4 SERIES 2019 AN ORDINANCE AMENDING SECTION 12-7H-12, DENSITY, AND SECTION 14-8-1, SITE DEVELOPMENT STANDARDS, VAIL TOWN CODE, TO REMOVE THE DWELLING UNITS PER ACRE MAXIMUM WHILE MAINTAINING EXISTING DIMENSIONAL STANDARDS INCLUDING GRFA AND BUILDING HEIGHT IN THE LIONSHEAD MIXED USE-1 ZONE DISTRICT WHEREAS, on December 15, 1998 the Vail Town Council adopted Resolution No. 14, Series of 1998, adopting the Lionshead Redevelopment Master Plan as an official element of the Vail Comprehensive Plan to guide redevelopment in the Lionshead Study Area; WHEREAS, on April 6, 1999 the Vail Town Council adopted Ordinance 3, Series of 1999, establishing the Lionshead Mixed Use-1 zone district; WHEREAS, one of the primary purposes of the Lionshead Mixed Use-1 zone district is to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan; WHEREAS, the Lionshead Mixed Use-1 zone district includes increased density over the previously established zoning in the Lionshead redevelopment master plan study area; WHEREAS, on January 28, 2019 the Planning and Environmental Commission held a properly-noticed public hearing on the proposed amendments and forwarded a recommendation of approval to the Vail Town Council; WHEREAS, the existing regulations are obsolete and need to be updated to further encourage redevelopment in the Lionshead Mixed Use-1 zone district; WHEREAS, amending the density regulations will provide the incentives necessary to encourage redevelopment while maintaining the existing dimensional standards including gross residential floor area (GRFA) and building height in the Lionshead Mixed Use-1 zone district; and WHEREAS, the proposed amendments are supported by the Lionshead Redevelopment Master Plan and the Vail Land Use Plan. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-7H-12 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 12-7H-12: DENSITY (DWELLING UNITS PER ACRE): April 2, 2019 - Page 143 of 196 2 2/27/2019 S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\19\ORDINANCE NO. 4 SERIES OF 2019 LIONSHEAD MIXED USE 1 DENSITY.DOCX No limitation on the number of dwelling units per acre permitted Section 2. Section 14-8-1, Site Development Standards, Table 8, Summary of Zoning Setback and Development Limitations, Vail Town Code, only as it pertains to the Lionshead Mixed Use 1 zone district, is hereby amended to read as follows: TABLE 8 SUMMARY OF ZONING SETBACK AND DEVELOPMENT LIMITATIONS LMU-1 Lionshead mixed use 1 35 units per acre or 33% increase over existing units on property No limitation on the number of dwelling units per acre permitted Type IV as a permitted use 10' all2 May project not more than the lesser of 10' or 1/2 the required setback May project not more than the lesser of 5' or 1/2 the required setback 4 ' 70%2 20%2 10,000 None n/a 71' average 82.5 max.2 50% of parking must be located within the main building or buildings. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The amendment of any provision of the Vail Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of March, 2019 and a April 2, 2019 - Page 144 of 196 3 2/27/2019 S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\19\ORDINANCE NO. 4 SERIES OF 2019 LIONSHEAD MIXED USE 1 DENSITY.DOCX public hearing for second reading of this Ordinance is set for the 19th day of March, 2019, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of ______________, 2019. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk April 2, 2019 - Page 145 of 196 Marrio tt Antlers Vail Spa Va il Valley Medical Center Arrabe lle (parking) Landmark EvergreenLodgeVail 21 First Chair Ritz Carlton Residences Library Vantage Point Mon tane ro s Dobson Ice Arena We stwind Water TreatmentFacility Lionshea d Ce ntre Enzian Lift House Vail International Tree Tops Lion Square Lodge Sou th & East Lion Square Lodge North Lodge at Lionshead Eag le Ba hnGondola Sun VailCondos Forest Place Solar Vail VR Maintenance Buildings Lionshead Inn Lionshead Arcade PH III WestLionshead Plaza Chair 8 Lionshead Inn Annex Gore Creek Re sidences Lions PrideBuilding TicketOffice Restrooms PH IIPH I LionsheadWelcome Center SkierDrop-Off Charte rBus Lot LionsheadTransit Center I 70 EastboundI 70 W estboundWFORESTRD S FRONTAGE RD W N F R O N T A G E R D W B E A V ER DAMRD W MEADOW DR E FOR E S T RD W LIONSHE A D C IR E LIONSHEAD CIR L I ONSHEAD MALL LI O NSH E A D PLBEAVERD A M C I R I Subject Property 0 5010025Feet Z o n i n g C o d e A m e n d m e n t - P E C 1 8 -0 0 4 1Zoning C o d e A m e n d m e n t - P E C 1 8 -0 0 4 1 L i o n s h e a d M i x e d U s e 1 Z o n e D i s t r i c tLionshead M i x e d U s e 1 Z o n e D i s t r i c t This ma p w as created by the Town of Vail Co mmu nity Development Departme nt. Use of this ma p shou ld be for g eneral p urp oses o nly.The Town of Vail does no t warran t the accura cy of the informa tion co nta in ed herein.(whe re sh own, pa rcel line work is ap pro xima te ) Last Modified: January 16, 2019 Zoning Designation Lionshead Mixed Use 1 April 2, 2019 - Page 146 of 196 
 Zoning Text Amendment Modifying the Density Requirements of the Lionshead Mixed Use 1 Zone District Submitted: November 2018 April 2, 2019 - Page 147 of 196 Introduction Mauriello Planning Group is representing the Treetops Condominium Association which is requesting a text amendment to the Zoning Regulations to amend Section 12-7H-12: Density (Dwelling Units Per Acre). Specifically, the amendment would amend the allowable density in the Lionshead Mixed Use 1 (LMU-1) Zone District. This section currently allows for 35 dwelling units per acre or a 33% increase over the existing number of dwelling units. The applicant is requesting that density be unlimited. No other changes are proposed, so all other development standards, including building height, GRFA, site coverage, parking, etc., remain the same. As a result, the amendment has no impact upon the bulk and mass of a structure. Background Prior to 1999, the Lionshead Area was zoned a mixture of Commercial Core 2, High Density Multiple Family, and Special Development Districts, as shown on the following Zoning Map from 1995. Town visionaries recognized that the redevelopment of Lionshead was critical for Vail to remain a competitive four-season resort, and in the mid-1990s, the Town undertook a master planning process to complete the Lionshead Redevelopment Master Plan (LRMP), which was to guide development over the next 15 to 20 years. The LRMP was adopted in December of 1998 by Resolution No. 13, Series of 1998, and subsequently two new zone districts were created by Ordinance No. 3, Series of 1999: Lionshead Mixed Use 1 (LMU-1) and Lionshead Mixed Use 2 (LMU-2). These zone districts were intended to create more cohesive standards for development across Lionshead and to implement the vision of the LRMP. !1 April 2, 2019 - Page 148 of 196 The Town then passed Ordinance No. 4, Series of 1999 which rezoned most of the Lionshead core to LMU-1, as indicated on the following current zoning map: The area known as West Lionshead, consisting of the VR Maintenance Yard and former BP Gas Station site, was zoned LMU-2, which is not subject to this proposed text amendment. The LRMP recognized that to incentivize redevelopment, additional development potential was necessary, and in that spirit, the purpose statement of the LMU-1 zone reads as follows: 12-7H-1: PURPOSE: The Lionshead mixed use 1 district is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead mixed use 1 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead !2 April 2, 2019 - Page 149 of 196 redevelopment master plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead redevelopment master plan. Additionally, the incentives are created to help finance public off site improvements adjacent to redevelopment projects. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. As the purpose of LMU-1 suggests, development standards were adopted with the intent of providing incentives for properties to redevelop. The standards of the LMU-1 zone district are provided below: As mentioned previously, the applicant is proposing to amend only the “Density (Dwelling Units Per Acre)” for the entire Lionshead Village area. The LRMP and LMU-1 zoning was successful in spurring the redevelopment of many projects in Lionshead. Projects, such as the Antlers, redevelopment of the core site into the Arrabelle, along with the Ritz Carlton and Gore Creek Residences were able to take advantage of the flexibility and incentives of the LMU-1 zone district not long after the zone district was adopted. Other projects, such as Vail Spa, Vail 21, and the Enzian have done major exterior upgrades without adding new units. The following table indicates all existing levels of development within the LMU-1 zone district and the density associated with each property. This information was gathered from the Eagle County Assessor’s office Lot Area and Site Dimensions: 10,000 sq. ft. of buildable area Setbacks:10 ft. unless otherwise specified by the LRMP Height and Bulk:Maximum average of 71 ft. with maximum height of 82.5 ft. Density (Dwelling Units Per Acre):Up to a 33% increase over the existing number of dwelling units on a property or 35 dwelling units per acre, whichever is greater, shall be allowed. For the purpose of calculating density, employee housing units, accommodation units, attached accommodation units, timeshare units, and fractional fee club units shall not be counted as dwelling units. Additionally, a "lodge dwelling unit", as defined herein, shall be counted as 25% of a dwelling unit for the purpose of calculating density. Gross Residential Floor Area:Up to 250 sq. ft. of gross residential floor area shall be allowed for each 100 sq. ft. of buildable site area, or an increase of 33% over the existing GRFA found on the property, whichever is greater. Site Coverage:70% unless otherwise specified by the LRMP Landscaping and Site Development: 20% unless otherwise specified by the LRMP Parking and Loading:In accordance with Chapter 10 !3 April 2, 2019 - Page 150 of 196 and Town records. Density has been calculated per Section 12-74-12: Density of the Vail Town Code: Existing Density in Lionshead Name of Development Dwelling Units Lodge Dwelling Units EHUs Hotel Fractional
 Timeshare Lot Size Density (DUs / Acre) Antlers 96 0 9 0 0 1.21 79.34 Arrabelle 67 0 0 36 0 2.93 22.87 Concert Hall Plaza 0 0 0 0 0 0.26 0.00 Enzian 12 0 0 0 0 0.30 40.00 Elevation (proposed)9 0 3 0 0 0.31 28.66 Evergreen Lodge 19 0 0 128 0 2.45 7.76 First Chair 0 0 32 0 0 0.75 0.00 Landmark 73 3 2 0 0 1.51 48.84 Lift House 1 45 0 0 0 0.44 27.84 Lion Square Lodge North 36 0 0 0 0 0.94 38.30 Lion Square Lodge South and East 66 2 0 31 0 1.81 36.74 Lions Pride Building 0 0 0 0 0 0.83 0.00 Lionshead Arcade 14 0 0 0 0 0.32 43.75 Lionshead Centre 25 0 0 0 0 0.90 27.78 Lodge at Lionshead I, II, III 48 6 0 0 0 2.69 18.40 Mark Lodge 13 0 0 42 0 0.89 14.61 Montaneros 40 0 0 0 0 1.01 39.60 The Lion 53 4 1 0 10 1.57 34.39 Tree Tops 29 0 0 0 0 0.90 32.22 Vail 21 21 0 0 0 0 0.36 58.33 Vail International 56 0 0 0 0 1.83 30.60 Vail Spa 55 0 0 0 0 3.21 17.13 Vantage Point 47 9 0 0 9 1.53 32.19 West Day Lot Subdivision (Marriott, Ritz, Gore Creek Residences)* 122 0 0 276 45 6.82 17.89 Westwind 35 0 0 0 0 0.87 40.23 TOTAL 937 69 47 513 64 !4 April 2, 2019 - Page 151 of 196 ✴West Day Lot Subdivision includes the Ritz Carlton Residences, Gore Creek TH, and western portion of the Marriott Hotel. It is considered one development site for zoning purposes. The LMU-1 zone district does not count EHUs, hotel rooms or accommodation units, or timeshare units towards density. The thought in 1998 was that this policy would encourage the construction of these unit types as they were considered to be similar to hotel or warm beds, meaning they would have higher occupancy than dwelling units. As indicated in the table, few projects have built timeshare or fractional units, especially recently. The Ritz Carlton Residences, which is part of the West Day Lot Subdivision, is one of the few to have successfully sold fractional ownership. The Lion has 10 fractional units, of which none have yet sold. Since the adoption of the LRMP, the economics of redevelopment have changed. The trend in the late 1990s of timeshare and fractional ownership has largely disappeared. Timeshare units have similar if not greater impacts than dwelling units. Timeshare units are similar to dwelling units in a short-term rental program, from a use standpoint. Often the design and/or layout of a timeshare unit is the same as a dwelling unit. The difficulties of the timeshare market mean that they are not a favored development option, and dwelling units would simply replace timeshare, meaning the effects on the community would be minimal. As a result, impacts to infrastructure, roads, water, sewer, etc. remain unchanged by having dwelling units constructed instead of timeshare units. Impacts to the economy are improved because there is a market for dwelling units and because they are simple to short term rent. As another method of encouraging the construction of warm beds, the LRMP outlined the idea of lodge units as follows: New Unit Definition The master plan recommends that the zoning regulations be modified to include “lodge unit” as an additional definition of a residential unit. This product is defined as a small condominium dwelling unit with limited kitchen and floor area. (The floor area usually averages less than 650 sq. ft.) Units of this small size are most likely to be in short-term rental pools, with occupancy rates similar to !5 The Lion, at 701 W. Lionshead Circle, was approved in 2007 but construc=on was not completed un=l 2017. It included the construc=on of 10 frac=onal units, which have been challenged by a declining frac=onal market following the recession. April 2, 2019 - Page 152 of 196 those for hotel rooms. Because an increase in the short-term bed base in Lionshead is a key objective, the planning team recommends that lodge units count as one-quarter of a normal dwelling unit (i.e. 4 lodge units count as one dwelling unit). Further, it recommends that units of this size in existing properties be treated as lodge units for the purpose of calculating density. The LMU-1 zone district included the creation of a new unit type, “lodge dwelling units” (LDU). These units are defined as: LODGE DWELLING UNIT: A small dwelling unit with limited kitchen and floor area and which contains six hundred fifty (650) square feet or less of floor area and is intended to be rented on a short term basis. At the time, it was thought that LDUs, as smaller dwelling units, would be more likely to be placed in a short-term rental pool. To encourage the development of them, they only count as 25% of a dwelling unit, for the purpose of calculating density. Unfortunately, the market did not support the development of LDUs, and only The Lion constructed new LDUs under LMU-1. A few projects were originally constructed with small unit types that fall into this category, most notably Lift House and Vantage Point. In the past 20 years, only 4 new lodge dwelling units have been constructed which is not a great success for the LDU concept recommended by the LRMP. Since the 1990s, the market has seen a dramatic increase in the short-term rental of dwelling units, due to three primary factors: •Use of the internet and smart phones •Increase in the use of on-line short-term rental sites, such as AirBnB and VRBO •Rental management companies This has allowed many owners of units that may not have on-site rental management and services to short-term rent their properties. In summary, while neither timeshare units nor LDUs were popular development methods, the short-term rental of dwelling units throughout the town has been extremely successful in the creation of warm beds. The Town’s goal of increasing !6 A simple search of VRBO for rentals available in “Lionshead Village, Vail, CO yields over 300 results, indicating the success of on-line short-term rental sites. April 2, 2019 - Page 153 of 196 the bed base through the provision of hotel rooms as part of new development projects has also been challenging. Many of the developments in Lionshead are not necessarily structured to be able to manage a hotel operation. As a result, new hotel rooms in Lionshead have only been constructed by Vail Resorts at the Arrabelle. Most projects have needed and will continue to need new dwelling units to fund redevelopment projects. This was a fact identified in the LRMP in the 1990s, and was based on economic modeling that was adopted as part of the appendices of the LRMP. The modeling at the time identified a need for a 33% increase over existing density to be able to fund redevelopment of existing buildings. The LRMP stated: Density (Dwelling Units Per Acre): The allowable density of development in the study area should be increased to provide ample incentive and create the financial mechanism for redevelopment of properties. Additional consideration must be given to existing properties that currently exceed the density limitations. A model developed during the master planning process showed that an increase of at least 33% over existing zoning or existing dwelling units on a given site would be needed to make redevelopment an attractive option. In order to encourage the development of live beds or warm beds in Lionshead, the master plan recommends that accommodation units, hotel rooms and fractional ownership units not be counted in the calculation of density. Further, because it is a community goal to increase the number of permanent residents in Lionshead, employee housing units that are deed restricted for local employees should not count toward density. While this increase in density spurred new development in Lionshead, it could be argued that the substantial increase in GRFA also played a role. CC2, which was the zone district that most of Lionshead was previously zoned, only allows for 80 sq. ft. of GRFA for each 100 sq. ft. of buildable area. LMU-1 allows for 250 sq. ft. of GRFA for each 100 sq. ft. of buildable area. This is almost over a 200% increase in allowable GRFA in Lionshead. This is a result of the recommendation of the LRMP with regard to GRFA: Gross Residential Floor Area (GRFA) !7 Redevelopment of the core site into the Arrabelle at Vail Square, included 67 dwelling units and 36 hotel rooms. April 2, 2019 - Page 154 of 196 An important component of the Lionshead Master Plan process was the analysis of GRFA’s effectiveness as a tool for insuring the quality of architecture and the built environment within Lionshead. In short, the masterplan team found that GRFA was not effective as a primary means of providing for architectural quality. Based on this finding it is the conclusion of the master plan team that GRFA should not be the primary means of regulating building size. To accomplish this, one of two options must be pursued. First, GRFA could be eliminated. Secondly, the GRFA ratio could be increased so that it functions as a safety valve to insure that buildings do not exceed the maximum residential floorplate area that would otherwise be allowed according to the criteria of the architectural design guidelines. If this second course of action is pursued, the following recommendations are made: a.The ratio of Gross Residential Floor Area (GRFA) to lot area should be increased on all properties within Lionshead, excluding the residential properties south of Gore Creek, so that the site and architectural design guidelines, not GRFA, are the primary building size and mass constraint. b.The method of calculating GRFA should be greatly simplified and changed to include common space so that basic floor plate area calculations will suffice. The substantial increase in GRFA, but minimal increase in density had one major possible consequence: encouraging the construction of larger dwelling units. In order to maximize profits, developers are actually encouraged to build larger dwelling units using available GRFA within a small pool of dwelling units. Modifying the density requirements could encourage the construction of more, smaller units. These are more likely to be included in a short-term rental program. Effects of Increase Density in LMU-1 The additional dwelling units have the potential to increase traffic within the Town of Vail. However, the real impact is negligible as the number of timeshare units allowed is currently unlimited and the traffic impacts of a timeshare unit and a dwelling unit are the same. The Frontage Roads and roundabouts have been designed to absorb this additional traffic. The proposed increase in density from 35 dwelling units per acre to an unlimited number of dwelling units will improve the ability to redevelop properties in Lionshead. However, it is also prudent to review what will not be affected by the proposed amendment: !8 April 2, 2019 - Page 155 of 196 1.Building Height. The LMU-1 zone district prescribes the height limitation of buildings in Lionshead. The height limit is a maximum average of 71 ft. with maximum height of 82.5 ft. Furthermore, the LRMP has the most prescriptive Design Guidelines of all of the Town’s planning documents. For example, the LRMP provides the following for buildings in Lionshead: Primary Retail Pedestrian Frontages On any property edge fronting a retail pedestrian street or mall (see site design guidelines for definition and locations), at least 50% of a building face shall have a maximum 16’ initial eave height, at which point that face must step back a minimum of 12’. The remaining percentage of building face may have a maximum 36’ initial eave height, at which point the building face shall step back a minimum of 12’. Eave height is defined as the distance from finished grade to the initial primary eave of the structure. Gable faces of buildings are also measured to their eaves, excluding the actual wall area which comprises the gable. The intent of this retail/pedestrian street requirement is to present a dynamic, fragmented streetfront to outdoor spaces, rather than uniform blocks of building mass (see Section 8.4.2.2). Remaining Building Frontage Building faces that do not meet the special site criteria of the sections above may have a maximum initial eave height of 60’, at which point those faces must step back a minimum of 12’. To the extent possible, all new and redeveloped buildings in Lionshead should avoid “turning their backs” on other buildings or important pedestrian corridors. However, it must be acknowledged that very few buildings have prime frontage on all sides and almost all buildings will have different programmatic requirements and visual characteristics on their different faces. Toward that end, a building’s greatest vertical mass and “back of house” functions should occur on the frontage with the least volume of pedestrian traffic. In addition, components of a building with the greatest vertical mass should be oriented north-south to minimize the blockage of southern views and sunlight. It is critical to note that the 60’ maximum initial eave height does not allow for an unarticulated, flat building face from grade to 60’. The horizontal and vertical maximum unbroken building face requirements, all other guidelines !9 April 2, 2019 - Page 156 of 196 contained in this chapter and the Master Plan, and DRB review and approval, shall still apply. The increase in density will not impact the height, stepbacks, or vertical mass of buildings in Lionshead. These standards remain as prescribed by both the LRMP and the LMU-1 zone district, meaning the all development will have to occur within the three dimensional building envelope, or “box,” prescribed by the standards. 2.Site Coverage. This site coverage standard of “70% of site area or as prescribed by the LRMP,” is not proposed to be amended. This means that the footprint of buildings within Lionshead will not be affected by an increase in density. This further limits the “box” of development. 3.GRFA. No change is proposed to the current allowance of GRFA at 250 sq. ft. per each 100 sq. ft. of buildable area. In LMU-1, GRFA includes all square footage within dwelling units, fractional units, and hotels. It only exempts EHU square footage from the GRFA calculation. As a result, the square footage that can fill the “box” remains as it is today. 4.Setbacks. Setbacks requirements, which are 10 ft. or as prescribed by the LRMP, are not proposed to be amended. 5.Parking. Lionshead is within the Commercial Core Area for parking requirements. The parking requirements are not proposed to be amended. All new dwelling units will need to be parked per Chapter 12-10 of the Vail Town Code. These requirements are as follows: Because these development standards will not change with the increase in density, the “box” of buildings also will not change. Developers will need to meet this standards, or need to be granted variances by the Town to change the “box.” Treetops Vision for Redevelopment While this amendment affects all properties within the LMU-1 zone district, the applicant who is spearheading this proposal, Treetops Condominium Association, is considering a redevelopment project. This section is provided for information only, is Dwelling Unit 1.4 spaces Dwelling Unit with one attached accommodation unit 1.4 spaces Dwelling Unit with more than one attached accommodation unit 1.4 spaces plus .7 space per each additional attached accommodation unit !10 April 2, 2019 - Page 157 of 196 not part of this application, and will require future applications for review by the Town of Vail. The Treetops property currently consists of 28 dwelling units and one on-site manager’s unit, which is not deed- restricted. Two units were combined into one at some point in the past. With the current density limitations, Treetops could add 9.57 new dwelling units under the 33% increase allowance. Available GRFA is approximately 60,500 sq. ft. The existing units are approximately 1,200 sq. ft. on average. Treetops is proposing average unit sizes of approximately 1,300 sq. ft., which equates to approximately 45 additional units. This unit type and density will allow for the redevelopment of Treetops in such a manner as to achieve the desired o u t c o m e s o f t h e L R M P. A n y redevelopment of Treetops will also include commercial floor area, employee housing, and underground parking. Treetops will be developed in compliance with all other development standards of the LMU-1 zoning and the LRMP, including building height and bulk and mass standards. Criteria for Review of Text Amendment The review criteria for a text amendment are provided in Section 12-3-7 and are listed below. The Applicant’s analysis of conformance with the criteria follows: A.Factors Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect to the requested text amendment: 1.The extent to which the text amendment furthers the general and specific purposes of the zoning regulations !11 Treetops Condominiums, located at 452 E. Lionshead Circle, was originally constructed in 1972. April 2, 2019 - Page 158 of 196 Applicant Analysis: Chapter 12-1-2: provides the general and specific purposes of the Zoning Regulations: A.General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B.Specific: These regulations are intended to achieve the following more specific purposes: 1.To provide for adequate light, air, sanitation, drainage, and public facilities. 2.To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3.To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4.To promote adequate and appropriately located off street parking and loading facilities. 5.To conserve and maintain established community qualities and economic values. 6.To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7.To prevent excessive population densities and overcrowding of the land with structures. 8.To safeguard and enhance the appearance of the town. 9.To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10.To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11.To otherwise provide for the growth of an orderly and viable community. The proposed amendment to the LMU-1 zone district to allow for unlimited dwelling units is consistent with the purposes listed above. The amendment encourages density within existing core areas, where density is appropriate and desired. The LRMP Design Guidelines work in tandem with the Zoning Regulations to ensure that structures have appropriate height, setback, and step-backs to ensure that the architectural fabric of the Lionshead pedestrian character is enhanced and preserved. In addition, parking requirements, traffic impacts, and public facilities are addressed in the !12 April 2, 2019 - Page 159 of 196 development review process. The proposed amendment furthers the general and specific purposes of the Zoning Regulations and is therefore consistent with this criterion. 2.The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town Applicant Analysis: Lionshead is governed by the Lionshead Redevelopment Master Plan, which was adopted in 1998. In 1996, the Town Council adopted six policy objectives to provide a framework for the master plan process. These were: Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base (“live beds” or “warm beds”) through new lodging products. Live beds and warm beds are best described as residential or lodging rooms or units that are designed for occupancy by visitors, guests, individuals, or families on a short term rental basis. In order to improve occupancy rates and create additional bed base in Lionshead, applications for new development and redevelopment projects which include a residential component shall provide live beds in the form of accommodation units, fractional fee club units, lodge dwelling units, timeshare units, attached accommodation units (i.e, lock-off units), or dwelling units which are included in a voluntary rental management program and available for short term rental. Further, it is the expressed goal of this Plan that in addition to creating additional bed base through new lodging products, there shall be no net loss of existing live beds within the Lionshead Redevelopment Master Plan study area. !13 April 2, 2019 - Page 160 of 196 Improved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. Improved Infrastructure The infrastructure of Lionshead (streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. Creative Financing for Enhanced Private Profits and Public Revenues Financially creative and fiscally realistic strategies must be identified so that adequate capital may be raised from all possible sources to fund desired private and public improvements. For private development and redevelopment of properties within Lionshead, two of these are of utmost importance: “Renewal and Redevelopment” and “Stronger Economic Base Through Increase Live Beds.” It was recognized that only through the redevelopment of Lionshead could it become a more vibrant environment for residents and guests, and that the provision of live and warm beds was paramount for redevelopment projects. It is important to note that the policy objectives regarding live beds was amended in 2006 to provide stronger language on the provision of live beds within Lionshead. In Chapter 7 of the LRMP, the Town recognized that density (dwelling units per acre) needed to be increased to encourage redevelopment. In the mid-1990s, the economic model indicated that a 33% increase over existing zoning or existing number of dwelling units was needed to make redevelopment possible. In addition, fractional, timeshare, and hotel units were exempt from the density calculation, as it was thought that this would encourage the development of live beds. A 33% percent may have been appropriate for some properties in the 1990s but that limitation on density no longer holds true in today’s economy and given the cost of construction in this region. The LRMP provided the following on density: Density (Dwelling Units Per Acre): The allowable density of development in the study area should be increased to provide ample incentive and create the financial mechanism for redevelopment of properties. Additional consideration must be given to existing properties that currently exceed the density limitations. A model developed during the master planning process showed that an increase of at least 33% over existing zoning or existing dwelling units on a given site would be needed to make redevelopment an attractive option. !14 April 2, 2019 - Page 161 of 196 In order to encourage the development of live beds or warm beds in Lionshead, the master plan recommends that accommodation units, hotel rooms and fractional ownership units not be counted in the calculation of density. Further, because it is a community goal to increase the number of permanent residents in Lionshead, employee housing units that are deed restricted for local employees should not count toward density. The Vail Land Use Plan was adopted in 1986. It provides the following applicable goals and policies: 1. General Growth / Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3. The quality of development should be maintained and upgraded whenever possible. 1.12. Vail should accommodate most of the additional growth in existing developed areas (infill areas). 4. Village Core / Lionshead 4.1. Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2. Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guide Plan and the Vail Village Master Plan. As indicated in these goals of the Vail Land Use Plan, increased density and additional growth is intended to occur within already developed areas, specifically realizing that growth should occur within the existing core areas. The proposed amendment is consistent with and furthers the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. 3.The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable !15 April 2, 2019 - Page 162 of 196 Applicant Analysis: The LMU-1 zone district, adopted in 1999, recognized that an increase in development potential was critical to encourage the redevelopment of properties in Lionshead. The density requirements of the zone district were crafted in such a way as to support this idea. Density was increased to 35 dwelling units per acre, or a 33% increase over existing density because many of the existing developments in Lionshead already exceeded 35 dwelling units per acre. Along with this, hotel and timeshare units did not count towards density limitations. At the time, timeshare was considered a viable and profitable development option, but the market for timeshare ownership has greatly diminished. The Town of Vail recently approved a reduction in the number of timeshare units as a result of this change in the market for timeshare at the Four Seasons, which had suffered from sluggish sales of the timeshare product. Many operators and developers have significantly reduced timeshare programs and are no longer involved in the development of new timeshare projects. The 33% increase in density was also based on some economic modeling that was done as part of the LRMP, which used assumptions based on the economy of the 1990s. These models are no longer reflective of the actual costs of development, as construction costs have significantly increased. In addition, the Town’s employee housing requirements, both Inclusionary Zoning and Commercial Linkage, have added substantial costs to developers. These additional costs were added in 2008, with no corresponding increase in density allowances to cover the cost of providing employee housing. As a result of the issues outlined above, conditions have substantially changed since the adoption of the current density regulations. 4.The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives Applicant Analysis: Because the proposed amendment maintains all other development standards of the LMU-1 zone district, along with all of the design standards of the LRMP, the proposed amendment creates opportunities for redevelopment where the development parameters are the same, no matter what “fits in the box.” The more dwelling units that go into the box means the smaller they will be and the more likely they will be rented. In addition, the parking requirement for all uses must be met. 5.Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment !16 April 2, 2019 - Page 163 of 196 Applicant Analysis: Any other factors and criteria that the Planning and Environmental Commission deems applicable will be addressed by the Applicant if requested. B.Necessary Findings: The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: 1.That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2.That the amendment furthers the general and specific purposes of the zoning regulations; and 3.That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. !17 April 2, 2019 - Page 164 of 196 Use Average unit size:1,600 Name of Development Dwelling Units Lodge Dwelling Units EHUs Hotel Fractional Total Units of All Types Lot Size (acres) Allowable GRFA (Sq. Ft.) Approximate Year Built or Redeveloped Redevelopment Challenges Likelihood of Redevelopment Number of Total Possible units based on GRFA and Average Unit Size (enter average unit size above) EHU Requirement (10% net new GRFA) with Avg Unit Size of 800 sq. ft. Net New Free Market Units Free Market + EHU Antlers 96 0 9 0 0 105 1.21 131,769 2005 Recent Redevelopment/special formula Low 164.7 6.0 59.7 65.7 Arrabelle 67 0 0 36 0 103 2.93 319,077 2008 Recent Redevelopment Low 199.4 19.3 96.4 115.7 Concert Hall Plaza 0 0 0 0 0 0 0.26 28,314 1978 Constrained Medium 17.7 3.5 17.7 21.2 Enzian 12 0 0 0 0 12 0.3 32,670 1974 Ownership Structure, Recent Remodel Low 20.4 1.7 8.4 10.1 Elevation(proposed)9 0 3 0 0 12 0.31 33,759 Proposed Just being built Low 21.1 1.8 9.1 10.9 Evergreen Lodge 19 0 0 128 0 147 2.45 266,805 1974 High 166.8 4.0 19.8 23.7 First Chair 0 0 32 0 0 32 0.75 81,675 2011 Recent Redevelopment Low 51.0 3.8 19.0 22.9 Landmark 73 3 2 0 0 78 1.51 164,439 2010 Recent Redevelopment Low 102.8 5.0 24.8 29.7 Lift House 1 45 0 0 0 46 0.44 47,916 1973 all units are currently small* special formula High 59.9 1.4 13.9 15.3 Lion Square Lodge North 36 0 0 0 0 36 0.94 102,366 2010 Recent Redevelopment Low 64.0 5.6 28.0 33.6 Lion Square Lodge South and East 66 2 0 31 0 99 1.81 197,109 2004 (remodel)Recent Remodel but with limited new units Low 123.2 4.8 24.2 29.0 Lions Pride Building 0 0 0 0 0 0 0.83 90,387 1975 High 56.5 11.3 56.5 67.8 Lionshead Arcade 14 0 0 0 0 14 0.32 34,848 1971 High 21.8 1.6 7.8 9.3 Lionshead Centre 25 0 0 0 0 25 0.9 98,010 1970 Ownership Structure High 61.3 7.3 36.3 43.5 Lodge at Lionshead I 17 0 0 0 0 17 0.624 67,954 1970 Recent Remodel Low 42.5 5.1 25.5 30.6 Lodge at Lionshead II 19 6 0 0 0 25 0.745 81,131 1974 Recent Remodel Low 50.7 5.1 25.7 30.8 Lodge at Lionshead III 12 0 0 0 0 12 1.228 133,729 1978 High 83.6 14.3 71.6 85.9 Mark Lodge 13 0 0 42 0 55 0.89 96,921 1995 Location within Marriott Low 60.6 1.1 5.6 6.7 Montaneros 40 0 0 0 0 40 1.01 109,989 1972 Recent Remodel Medium 68.7 5.7 28.7 34.5 The Lion 53 4 1 0 10 68 1.57 170,973 2016 Recent Redevelopment Low 106.9 7.8 38.9 46.6 Tree Tops 29 0 0 0 0 29 0.9 98,010 1971 High 61.3 6.5 32.3 38.7 Vail 21 21 0 0 0 0 21 0.36 39,204 1972 Recent Remodel Medium 24.5 0.7 3.5 4.2 Vail International 56 0 0 0 0 56 1.83 199,287 1973 High 124.6 13.7 68.6 82.3 Vail Spa 55 0 0 0 0 55 3.21 349,569 1980 Recent Remodel Low 218.5 32.7 163.5 196.2 Vantage Point 47 9 0 0 9 65 1.53 166,617 1972 High 104.1 7.8 39.1 47.0 West Day Lot Subdivision (Marriott, Ritz, Gore Creek Residences)*122 0 0 276 45 443 6.82 742,698 2010 Recent Redevelopment Low 464.2 4.2 21.2 25.4 Westwind 35 0 0 0 0 35 0.87 94,743 1969 Medium 59.2 4.8 24.2 29.1 TOTAL 937 69 47 513 64 1,630 36.547 3,979,968 2,599.8 187 970 1,156 Total High 68 346 413 Total Medium 15 74 89 Total Low 104 550 654 TOTAL 187 970 1,156 April 2, 2019 - Page 165 of 196 January 22, 2019 Chris Neubecker Town of Vail Community Development Department 75 South Frontage Road Vail, CO 81657 Dear Chris, The Mauriello Planning Group (MPG) submitted a draft zoning text amendment to the Town of Vail in November 2018 for the purpose of modifying the density requirements for the Lionshead Mixed Use 1 Zone District. MPG represents the Treetops Condominium Association which is requesting a text amendment to the zoning regulations to amend Section 12-7H-12: Density (Dwelling Units per Acre). The applicant is requesting that residential density be changed to unlimited; but that all other zoning standards related to building height, GRFA, setbacks, parking, etc. remain unchanged. Therefore, the amendment would not impact the overall size of the structure, but the number of dwelling units within the structure would be unlimited by zoning. The Town of Vail referred the proposed amendment to the Eagle River Water and Sanitation District to understand the potential impacts on water and wastewater service. Upon review, the current portfolio of ERWSD water supplies will adequately serve any reasonable density resulting from this zoning change, therefore, there is currently no concern related to water supply. The District is currently in the process of updating its Water Master Plan, and will evaluate improvements needed to meet future water demands resulting from the zone change during that process, but does not anticipate that immediate water system improvements would be required. However, wastewater service has conveyance and treatment capacity limitations that require additional analysis on potential impacts. ERWSD completed a Wastewater Master Plan Update in 2017 in order to plan for and optimize its system for implementation of new nutrient regulations by the Colorado Department of Public Health and Environment at its wastewater treatment facilities in Vail, Avon and Edwards. The Plan recommended $105m in capital improvements to the District’s three wastewater treatment facilities and created an implementation schedule over the next 15 years that was designed to meet the new regulations while managing rate impacts to customers. System -wide, an average annual growth rate of 1.14% was assumed for the Vail Wastewater Treatment Facility service area over a 20-year planning horizon. One of the key assumptions of the 2017 Wastewater Master Plan Update involved the bypass of peak wastewater flows, historically observed at peak occupancy during the Christmas holiday week, to the Avon Wastewater Treatment Facility through the District’s collection system. This peak flow by-pass forestalls costly treatment capacity enlargements at the Vail Wastewater Treatment Facility, which has significant site constraints. The impact of unlimited residential density, while not impacting the building sizes allowed in Lionshead, could increase the number of internal plumbing fixtures, and therefore overall maximum wastewater flow that must be conveyed and treated by the District. In reviewing the analysis spreadsheet provided to April 2, 2019 - Page 166 of 196 Page 2 of 3 ERWSD by MPG on 1/4/19, it is apparent that the key assumption with regards to wastewater production is the assumed average unit size. In the spreadsheet, a value of 1,600 ft2 is used, though it should be noted that the Treetops redevelopment is proposing an average unit size of 1,300 ft2. Under this assumption, the projected number of units increases from 1,630 to 2,132. This is a 31% growth in units. Over a 20-year planning horizon, this is 1.5% average annual growth. The expected growth based on the MPG spreadsheet analysis for Lionshead is therefore greater than what was used to develop the planned capacity for the Vail Treatment Facility in the 2017 Master Plan update. It is noted that the treatment capacity (after planned upgrades) required for CDPHE permitting is based on several important assumptions: growth over the entire service area, Inflow and Infiltration rates being held steady, and constant unit flow per single family equivalent (SFE). Therefore, if the assumptions in the MPG spreadsheet hold, other areas in the service area would need to average out the Lionshead growth, with some areas being slightly less than the assumed annual rate of growth in SFEs. Based on the information currently provided, ERWSD does not foresee immediate problems with the proposed increased density at the Treetop site. However, the density value assumed in the MPG analysis for the entire Lionshead Mixed Use 1 Zone District is in fact unregulated and subject to market forces and developer preferences that could have more significant impacts if smaller units are built throughout the Zone District, which would result in increased wastewater flows. A sensitivity analysis was performed on the average unit size to better understand the impact that this value has on total units on parcels that are expected to be re-developed over the next 20 years. The impact of altering the assumed unit size with total number of units and average annual growth is shown below in Table 1. The results show density growth only in the parcels identified by MPG as having a “high” or “medium” expectation of being redeveloped. Table 1. Sensitivity of annual growth rate on average new unit size in Lionshead. Average Size of New Units (sq. ft) Number of New Units Total Future Number of Units Average Annual Growth Rate over 20 Year Horizon 800 1,397 3,027 4.3% 1000 1,046 2,676 3.2% 1200 808 2,438 2.5% 1400 635 2,265 1.9% 1600 502 2,132 1.5% If a balanced growth scenario does not happen, and overall growth exceeds that assumed in the Master Plan, or if the change in Lionshead density differs substantially from that assumed in the MPG analysis, wastewater flows could eventually exceed the treatment capacity of the Vail Wastewater Treatment Facility. Under that condition there are several results that may occur that would require a more thorough analysis than the referral response period allows: operations of the Vail treatment facility may differ from that assumed in the Master Plan update which could impact water rights and CDPHE permitting, e.g. by- passes to the Avon treatment facility may occur more frequently (note: the Vail to Avon by-pass also has finite capacity limitations), treatment capacity or conveyance constraints/limitations may accelerate the need for and expand the scope of capital improvements recommended in the 2017 Wastewater Master Plan Update, and the financial planning that resulted from the Master Plan update would need to be adjusted accordingly. This in turn could have bonding impacts that would affect wastewater rates across the entire District, and coupled with other planned improvements at the Avon and Edwards Wastewater Treatment Facilities could compound future rate increases. April 2, 2019 - Page 167 of 196 Page 3 of 3 Thank you for the opportunity to provide a referral response to the proposed zoning amendment. If you have any questions or need any further information, please let me know. Sincerely, Jason Cowles, PE Engineer Manager cc: Siri Roman Len Wright Dominic Mauriello April 2, 2019 - Page 168 of 196 To: Planning Department From: Public Works Department Date: 1-22-19 Subject: (PEC18-0041) LMU-1 Density The Town of Vail Public Works Department has reviewed the application to amend Section 12-7H-12, Density, Vail Town Code, to remove the dwelling units per acre maximum while maintaining the existing dimensional standards including GRFA and building height in the Lionshead Mixed Use-1 zone district. We offer the following comments. The application to remove the dwelling units per acre maximum could increase the number of dwelling units built in LMU-1 which could in turn have an impact on both pedestrian and vehicular traffic generated by future developments. That being said, the current LMU-1 zone district has no maximums on unit density for Accommodation Units, Fractional Fee Units, and Employee Housing Units, so it is difficult to make a black and white assumption on how many total traffic generating units may ultimately be proposed in the LMU-1 zone district. In 2009, the Town of Vail adopted the Vail Transportation Master Plan (VTMP) that made traffic projections regarding the LMU-1 zone district and its surrounding area and how development might impact the transportation system. The increased traffic projections were accommodated with the recommended improvements shown in the VTMP. These assumptions included the following additional net new development; • 110 Dwelling Units • 50 Fractional Fee Type Units • 20 Accommodation Units • 50,000 SF Retail This list excludes those developments that have already occurred since that time (i.e Arrabelle, Ritz, Landmark, Lion, etc…) The above future net new development was estimated to generate ~170 net new peak hour PM vehicular trips, of which ~105 vehicular trips were from unit development. Also in proximity to LMU-1 is the General Use zone district of the Lionshead Parking Structure (LHPS). At the time of the VTMP adoption the LHPS was projected to undergo a major redevelopment including; April 2, 2019 - Page 169 of 196 • 125 Dwelling Units • 240 Hotel Units • 70,000 SF Retail • 20,000 SF Performing Art Center This equated to approximately ~260 net new peak hour PM trips with ~145 coming from unit development. Both LMU-1 and the LHPS projected development trips are accounted for in the town’s transportation master plan along with mitigating recommended improvements. Therefore, as long as future development does not exceed the above projected net new trip generation in the Lionshead area then the transportation network will not be negatively impacted in relation to the currently adopted transportation master plan. To provide a general understanding of potential impacts, a sensitivity analysis should be looked at; • If as a result of this amendment, all aging developments are able to redevelop and maximize the available number of net new dwelling units, 502 (per MPG analysis) then it is likely that the net new additional traffic trips would be projected at ~203; 98 more trips than anticipated by the current VTMP. • However, if not all developments are able to maximize the number of net new dwelling units, and only 50% are actually developed (251 units), then the net new traffic trips would be projected at ~102; approximately the same number as accounted for in the VTMP. • If only Treetops redevelops and adds 32 net new dwelling units, they would potentially generate 13 new PM peak hour trips of the 105 accounted for in the VTMP for units (12%). • If the LHPS does not redevelop or only develops at a fraction of the original proposal, then it is likely that there would be no significant impact due to the amendment. If there is a significant impact to traffic operations it will most likely occur at the East Lionshead Circle and the West Lionshead Circle intersections. Therefore it may be beneficial to complete a sensitivity analysis on those intersections prior to approving this amendment. Town of Vail Page 2 April 2, 2019 - Page 170 of 196 April 2, 2019 - Page 171 of 196 TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 28, 2019 SUBJECT: A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-7H-12, Density, Vail Town Code, to remove the dwelling units per acre maximum while maintaining the existing dimensional standards including GRFA and building height in the Lionshead Mixed Use-1 zone district. (PEC18-0041) Applicant: Treetops Condominium Association, represented by Mauriello Planning Group Planner: Chris Neubecker I. SUMMARY The applicant, the Treetops Condominium Association, represented by Mauriello Planning Group, requests the review of a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-7H-12, Density, Vail Town Code, to remove the dwelling units per acre maximum while maintaining the existing dimensional standards including GRFA and building height in the Lionshead Mixed Use-1 zone district. Based upon Staff’s review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission (PEC) forward a recommendation of approval to the Vail Town Council, of this application, subject to the findings noted in Section VIII of this memorandum. A vicinity map (Attachment A) and the applicant’s narrative (Attachment B). II. DESCRIPTION OF REQUEST The applicant is proposing to alter the density (dwelling units per acre) maximum within the Lionshead Mixed Use-1 zone district. As proposed, the change would entail removing the maximum allowed number of dwelling units per acre, so that there would be no cap on density. No changes are proposed to the existing limits on Gross Residential Floor Area (GRFA), building heights, setbacks, site coverage, landscaping, April 2, 2019 - Page 172 of 196 or any other dimensional standard. The proposed text amendment would apply only to properties within the Lionshead Mixed Use-1 (LMU-1) zone district. This zone district is bounded (approximately) on the north side by S. Frontage Road and E. Lionshead Circle, on the south side by Gore Creek, on the west at the intersection of S. Frontage Road and Forest Road, and on the east by Dobson Ice Arena and the Vail Library. (The Lionshead Parking Structure, Dobson Ice Arena, and Vail Library are in the General Use (GU) zone district, and are not impacted by this proposal.) Please see Attachment A – Vicinity Map, for more details. III. BACKGROUND Prior to adoption of the current zoning (1999) and the Lionshead Redevelopment Master Plan (LRMP), the zoning in the Lionshead area included several zone districts (See Attachment F- Previous Zoning Map). The following zone districts were in place in the areas currently zoned Lionshead Mixed Use-1: • Commercial Core 1(CC1) • High Density Multiple Family (HDMF) • Medium Density Multiple Family (MDMF) • Special Development District (SDD) • Parking (P) On December 15, 1998 the Vail Town Council adopted the Lionshead Redevelopment Master Plan via Resolution No. 14, Series of 1998. The purpose of the Plan was “to encourage redevelopment and new development initiatives within the Lionshead study area.” Lionshead was recognized at the time to lack the economic vitality of Vail Village and failed to offer a world-class resort experience. Lionshead lacked growth in accommodation units, had a poor quality retail experience, uninteresting pedestrian environment, mediocre architectural character and was absent incentives for redevelopment. The adopted LRMP created the incentive for redevelopment, and to date, several properties have redeveloped or new construction has been completed. On April 6, 1999, the Vail Town Council adopted Ordinance No. 3, Series of 1999 which amended the zoning regulations by creating two new zone districts, Lionshead Mixed Use-1 and Lionshead Mixed Use-2 in order to implement the Lionshead Redevelopment Master Plan. On April 6, 1999 the Vail Town Council adopted Ordinance No. 4, Series of 1999, which amended the official zoning map for the Town of Vail and rezoned most of the land within the Lionshead area to Lionshead Mixed Use-1 zone district. Town of Vail Page 2 April 2, 2019 - Page 173 of 196 IV. PROPOSED TEXT AMENDMENT LANGUAGE The Prescribed Regulation Amendment is proposed as follows: EXISTING LANGUAGE: 12-7H-12: DENSITY (DWELLING UNITS PER ACRE): Up to a thirty three percent (33%) increase over the existing number of dwelling units on a property or thirty five (35) dwelling units per acre, whichever is greater, shall be allowed. For the purpose of calculating density, employee housing units, accommodation units, attached accommodation units, timeshare units, and fractional fee club units shall not be counted as dwelling units. Additionally, a "lodge dwelling unit", as defined herein, shall be counted as twenty five percent (25%) of a dwelling unit for the purpose of calculating density. PROPOSED LANGUAGE: 12-7H-12: DENSITY (DWELLING UNITS PER ACRE): There is no density limitation. V. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Town of Vail Page 3 April 2, 2019 - Page 174 of 196 Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. VI. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Town Code, Vail Land Use Plan, and Lionshead Redevelopment Master Plan are relevant to the review of this proposal: Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off-street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Town of Vail Page 4 April 2, 2019 - Page 175 of 196 CHAPTER 12-2-2: DEFINITIONS OF WORDS AND TERMS (in part) ACCOMMODATION UNIT: Any room or group of rooms without "kitchen facilities", as defined herein, which are designed for temporary occupancy by visitors, guests, individuals, or families on a short term rental basis, and accessible from common corridors, walks, or balconies without passing through another accommodation unit, limited service lodge unit, fractional fee club unit or dwelling unit. An accommodation unit is not intended for permanent residency and shall not be subdivided into an individual condominium unit, pursuant to title 13, "Subdivision Regulations", of this code. ACCOMMODATION UNIT, ATTACHED: A room, without kitchen facilities, connected to a dwelling unit within a multiple-family building designed for or adapted to occupancy by guests which is accessible from a common corridor, walk, or balcony without passing through another accommodation unit, attached accommodation unit, or dwelling unit. DENSITY CONTROL: Any requirement of this title that regulates the number or size of dwelling units per unit of land. DEVELOPMENT LOT: A delineation of property that may include one or more structures and/or lot(s) that collectively share dimensional and/or design standards or guidelines. Examples include, but are not limited to, a duplex property containing two (2) dwelling units, a condominium complex of one or more buildings or a multi-unit townhome style development that share dimensional (GRFA, site coverage, etc.) and/or design (unified architectural and landscape design) standards or guidelines. DWELLING UNIT: Any room or group of rooms in a two-family or multiple-family building with kitchen facilities designed for or used by one family as an independent housekeeping unit. EMPLOYEE HOUSING UNIT (EHU): A dwelling unit which shall not be leased or rented for any period less than thirty (30) consecutive days, and shall be occupied by at least one person who is an employee. For the purposes of this definition "employee" shall mean a person who works an average of thirty (30) hours per week or more on a year round basis in Eagle County, Colorado. FRACTIONAL FEE: A tenancy in common interest in improved real property, including condominiums, created or held by persons, partnerships, corporations, or joint ventures or similar entities, wherein the tenants in common have formerly arranged by oral or written agreement or understanding, either recorded or unrecorded, allowing for the use and occupancy of the property by one or more cotenants to the exclusion of one or more cotenants during any period, whether annually reoccurring or not which is binding upon any assignee or future owner of a fractional fee interest or if such agreement continues to be in any way binding or effective upon any cotenant for the sale of any interest in the property. Town of Vail Page 5 April 2, 2019 - Page 176 of 196 FRACTIONAL FEE CLUB: A fractional fee project in which each dwelling unit, pursuant to recorded project documentation as approved by the town of Vail, has no fewer than six (6) and no more than twelve (12) owners per unit and whose use is established by a reservation system and is managed on site with a front desk operating twenty four (24) hours a day, seven (7) days a week providing reservation and registration capabilities. The project shall include, or be proximate to transportation, retail shops, eating and drinking establishments, and recreation facilities. FRACTIONAL FEE CLUB UNIT: An individual dwelling unit in a fractional fee club described as such in the project documentation and not an accommodation unit within the fractional fee club. No offer of a fractional fee club unit shall be made except pursuant to an application for registration and certification as a subdivision developer of a timeshare program or an exemption from registration approved by the state of Colorado real estate commission pursuant to Colorado Revised Statutes 12-61-401 et seq., and the rules and regulations 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 development a copy of the application or request for exemption filed with the state of Colorado real estate commission and/or evidence of approval of the application or request for exemption. FULL TIME EMPLOYEE: A person who works an average of thirty (30) hours per week or more on a year round basis in Eagle County, Colorado. LODGE DWELLING UNIT: A small dwelling unit with limited kitchen and floor area and which contains six hundred fifty (650) square feet or less of floor area and is intended to be rented on a short term basis. Article H: Lionshead Mixed Use 1 (LMU-1) District 12-7H-1: PURPOSE: The Lionshead mixed use 1 district is intended to provide sites for a mixture of multiple- family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead mixed use 1 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead redevelopment master plan study area. Town of Vail Page 6 April 2, 2019 - Page 177 of 196 The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead redevelopment master plan. Additionally, the incentives are created to help finance public off site improvements adjacent to redevelopment projects. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: A. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Child daycare centers. Commercial ski storage/ski club. Eating and drinking establishments. Employee housing units, as further regulated by chapter 13 of this title. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. B. Conditional Uses: The following uses shall be permitted in basement or garden levels within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Accommodation units. Town of Vail Page 7 April 2, 2019 - Page 178 of 196 Attached accommodation units. Conference facilities and meeting rooms. Liquor stores. Lodges. Major arcades. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, and lodge dwelling units. Radio, TV stores, and repair shops. Religious institutions. Theaters. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. (Ord. 2(2016) § 12: Ord. 8(2014) § 3: Ord. 1(2008) § 16: Ord. 39(2007) § 3) 12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Employee housing units, as further regulated by chapter 13 of this title. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Town of Vail Page 8 April 2, 2019 - Page 179 of 196 Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. B. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Accommodation units. Attached accommodation units. Beauty and barber shops. Conference facilities and meeting rooms. Electronics sales and repair shops. Financial institutions, other than banks. Liquor stores. Lodges. Major arcades. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, and lodge dwelling units. Religious institutions. Temporary business offices. Theaters. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. (Ord. 2(2016) § 13: Ord. 6(2012) § 2) 12-7H-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A. Permitted Uses: The following uses shall be permitted on those floors above the first floor within a structure: Accommodation units. Attached accommodation units. Town of Vail Page 9 April 2, 2019 - Page 180 of 196 Employee housing units, as further regulated by chapter 13 of this title. Lodges. Multiple-family residential dwelling units, lodge dwelling units. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. B. Conditional Uses: The following uses shall be permitted on second floors and higher above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Banks and financial institutions. Child daycare centers. Conference facilities and meeting rooms. Eating and drinking establishments. Electronics sales and repair shops. Fractional fee clubs. Liquor stores. Personal services and repair shops. Professional offices, business offices and studios. Recreation facilities. Religious institutions. Retail establishments. Skier ticketing, ski school and skier services. Theaters. Timeshare units. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. (Ord. Town of Vail Page 10 April 2, 2019 - Page 181 of 196 2(2016) § 14: Ord. 1(2008) § 16: Ord. 29(2005) § 24: Ord. 24(2005) § 3: Ord. 18(2005) § 2: Ord. 6(2000) § 2: Ord. 3(1999) § 1) 12-7H-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OF A BUILDING OR OUTSIDE OF A BUILDING): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Brewpubs. Coin operated laundries. Commercial storage. Communications antennas and appurtenant equipment. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Public park and recreation facilities. Public utility and public service uses. Seasonal uses or structures utilized for more than fourteen (14) days. Single-family residential dwellings. Ski lifts and tows. Television stations. Two-family residential dwellings. Additional uses determined to be similar to conditional uses described in this section, in accordance with the provisions of section 12-3-4 of this title. (Ord. 12(2008) § 17) 12-7H-6: ACCESSORY USES: The following accessory uses shall be permitted in the Lionshead mixed use 1 Town of Vail Page 11 April 2, 2019 - Page 182 of 196 district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Loading and delivery and parking facilities customarily incidental and accessory to permitted and conditional uses. Minor arcades. Offices, lobbies, laundry, and other facilities customarily incidental and accessory to hotels, lodges, and multiple-family uses. Outdoor dining decks and patios. Swimming pools, tennis courts, patios or other recreation facilities customarily incidental to permitted residential or lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The construction of a new building or the alteration of an existing building that is not a major exterior alteration as described in subsection B of this section shall be reviewed by the design review board in accordance with chapter 11 of this title. 1. Submittal Items Required: The submittal items required for a project that is not a major exterior alteration shall be provided in accordance with section 12-11-4 of this title. B. Major Exterior Alteration: The construction of a new building or the alteration of an existing building which adds additional dwelling units, accommodation units, fractional fee club units, timeshare units, any project which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the administrator) shall be reviewed by the planning and environmental commission as a major exterior alteration in accordance with this chapter and section 12-3-6 of this title. Any project which requires a conditional use permit shall also obtain approval of the planning and environmental commission in accordance with chapter 16 of this title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the department of community development for planning and environmental commission and design review board review. Town of Vail Page 12 April 2, 2019 - Page 183 of 196 1. Submittal Items Required, Major Exterior Alteration: The following submittal items are required: a. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. b. Application; Contents: The administrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the department of community development. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail comprehensive plan. The administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. C. Work Sessions/Conceptual Review: If requested by either the applicant or the administrator, submittals may proceed to a work session with the planning and environmental commission, a conceptual review with the design review board, or a work session with the town council. D. Hearing: The public hearing before the planning and environmental commission shall be held in accordance with section 12-3-6 of this title. The planning and environmental commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the planning and environmental commission may be appealed to the town council in accordance with section 12-3-3 of this title. E. Lapse Of Approval: Approval of an exterior alteration as prescribed by this article shall lapse and become void two (2) years following the date of approval by the design review board unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative extensions shall be allowed for reasonable and unexpected delays as long as code provisions affecting the proposal have not changed. (Ord. 29(2005) § 24: Ord. 5(2003) § 11: Ord. 8(2001) § 2: Ord. 3(1999) § 1) 12-7H-8: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission and the design review board that the proposed exterior alteration or new development is in compliance with the purposes of the Lionshead mixed use 1 district, that the proposal is consistent with applicable Town of Vail Page 13 April 2, 2019 - Page 184 of 196 elements of the Lionshead redevelopment master plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-9: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand (10,000) square feet of buildable area. (Ord. 3(1999) § 1) 12-7H-10: SETBACKS: The minimum building setbacks shall be ten feet (10') unless otherwise specified in the Lionshead redevelopment master plan as a build to line. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-11: HEIGHT AND BULK: Buildings shall have a maximum average building height of seventy one feet (71') with a maximum height of 82.5 feet, as further defined by the Lionshead redevelopment master plan. All development shall comply with the design guidelines and standards found in the Lionshead redevelopment master plan. Flexibility with the standard, as incorporated in the Lionshead redevelopment master plan, shall be afforded to redevelopment projects which meet the intent of design guidelines, as reviewed and approved by the design review board. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-12: DENSITY (DWELLING UNITS PER ACRE): Up to a thirty three percent (33%) increase over the existing number of dwelling units on a property or thirty five (35) dwelling units per acre, whichever is greater, shall be allowed. For the purpose of calculating density, employee housing units, accommodation units, attached accommodation units, timeshare units, and fractional fee club units shall not be counted as dwelling units. Additionally, a "lodge dwelling unit", as defined herein, shall be counted as twenty five percent (25%) of a dwelling unit for the purpose of calculating density. (Ord. 18(2005) § 2: Ord. 31(2001) § 5: Ord. 3(1999) § 1) 12-7H-13: GROSS RESIDENTIAL FLOOR AREA (GRFA): Up to two hundred fifty (250) square feet of gross residential floor area shall be allowed for each one hundred (100) square feet of buildable site area, or an increase of thirty three percent (33%) over the existing GRFA found on the property, whichever is greater. Multiple-family dwelling units in this zone district shall not be entitled to additional gross residential floor area under section 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance)", of this title. (Ord. 3(1999) § 1) Town of Vail Page 14 April 2, 2019 - Page 185 of 196 12-7H-14: SITE COVERAGE: Site coverage shall not exceed seventy percent (70%) of the total site area, unless otherwise specified in the Lionshead redevelopment master plan. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-15: LANDSCAPING AND SITE DEVELOPMENT: At least twenty percent (20%) of the total site area shall be landscaped, unless otherwise specified in the Lionshead redevelopment master plan. (Ord. 29(2005) § 24: Ord. 3(1999) § 1) 12-7H-16: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least one-half (1/2) of the required parking shall be located within the main building or buildings. (Ord. 3(1999) § 1) 12-7H-17: LOCATION OF BUSINESS ACTIVITY: A. Limitations; Exception: All offices, businesses and services permitted by zone district shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, the outdoor display of goods, or outdoor restaurant seating. B. Outdoor Displays: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. (Ord. 3(1999) § 1) 12-7H-18: MITIGATION OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: employee housing per the town's current employee housing policy, roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank improvements, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. (Ord. 14(2006) § 3: Ord. 29(2005) § 24: Ord. 3(1999) § 1) Town of Vail Page 15 April 2, 2019 - Page 186 of 196 Vail Land Use Plan 1. General Growth / Development 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3. The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2. Village Core / Lionshead 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through the implementation of the Urban Design Guide Plan and the Vail Village Master Plan. 5. Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. Lionshead Redevelopment Master Plan 2.1 Purpose of the Master Plan This master plan was initiated by the Town of Vail to encourage redevelopment and new development initiatives within the Lionshead study area. Both public and private interests have recognized that Lionshead today lacks the economic vitality of Vail Village, its neighboring commercial district, and fails to offer a world-class resort experience. Lionshead’s economic potential has been inhibited by a number of recurrent themes: lack of growth in accommodation units (“hot beds”), poor retail quality, the apparent deterioration of existing buildings, an uninteresting and disconnected pedestrian environment, mediocre architectural character, and the absence of incentives for redevelopment. Redevelopment is critical for Vail and Lionshead if the community is to remain a competitive four-season resort. Other resorts are spending millions of dollars to upgrade their facilities in order to attract more visitors year-round. Growth in the number of skiers annually has slowed to one to two percent, intensifying competition for market share. Skiers are spending less time skiing and more time shopping, dining out, and enjoying other off-mountain activities. As a result, the demand for quality retail shopping and a Town of Vail Page 16 April 2, 2019 - Page 187 of 196 greater diversity of experiences has dramatically increased. All of these are sorely in need of improvement in Lionshead. Vail, and specifically Lionshead, will fall behind if the community fails to upgrade the quality of its facilities and correct the existing flaws in its primary commercial nodes. This master plan, developed over a period of two years and with extensive involvement by the community, is a comprehensive guide for property owners proposing to undertake development or redevelopment of their properties and the municipal officials responsible for planning public improvements. The plan outlines the Town’s objectives and goals for the enhancement of Lionshead and proposes recommendations, incentives, and requirements for redevelopment and new development of public and private properties. It also recommends specific public improvement projects that are strategically important to the future success of Lionshead. The master plan is intended to provide direction over the next 15 to 20 years. 2.3.1 Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 9.5.2 Rezoning Zoning districts and land use regulations relevant to the Lionshead study area should be updated and modified to reflect the recommendations contained in the master plan and facilitate their implementation. The rezoning process should include the creation of relevant impact fees that would require development to contribute toward the funding of required public improvements associated with the development. VII. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Staff finds that the applicant’s proposed text amendment furthers the general and specific purposes of the zoning regulations by promoting the redevelopment of residential property, and in some cases the associated commercial spaces, within the Lionshead base area. The purpose of the Lionshead Redevelopment Plan is to promote redevelopment, and one way to accomplish this goal is to provide incentives and flexibility for private sector investments. The proposed changes will provide additional motivation and options for redevelopment above those already existing. The removal of the density cap should have no visual impact on Lionshead, since the existing regulations for GRFA, building height, setbacks, site coverage, parking and design requirements will remain. Town of Vail Page 17 April 2, 2019 - Page 188 of 196 Staff finds that this criterion has been met. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Staff finds that the proposed prescribed regulations amendments will better implement or achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan. The existing zoning regulations for the Lionshead Mixed Use-1 zone district, including the incentives for higher density development, have resulted in the redevelopment of some properties. However, several other properties have not been redeveloped. The propose density changes could create enough incentive and flexibility to spur some owners and associations to take on a redevelopment project. While not all older properties will take advantage of this proposed change to the allowed density, the proposed text amendment increases the likelihood for redevelopment. Those properties that do redevelop will contribute to advancing the goals for renewal in this important core area of the community while still meeting the existing dimensional requirements such as GRFA, building height, setbacks, site coverage, landscaping and parking. Staff finds that this criterion has been met. 3. The text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Conditions have changed since the adoption of the Lionshead Mixed Use-1 zone district, which is shown by the number of properties that remain in a deteriorated condition. When the existing Lionshead Mixed Use-1 zone district was adopted, there was an expectation that unlimited density for timeshares, accommodation units and fractional fee units would help to encourage redevelopment. For some of these uses, the market demand has waned. For example, timeshare and fractional fee units are not nearly as popular today as they once were, and many units that were built now sit empty and unsold. The existing regulation is no longer appropriate or is inapplicable if it is not achieving the desire policy result. Removal of the density cap is one more step that can be taken to provide flexibility and options to encourage owners to upgrade their properties. The existing regulation is not fully achieving its desired outcome. Staff finds that this criterion has been met. Town of Vail Page 18 April 2, 2019 - Page 189 of 196 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Staff believes this text amendment will ensure a harmonious, convenient, workable relationship among land use regulations consistent with the Town's development objectives. Specifically, the proposed text amendment will only change the allowed number of dwelling units. No changes are proposed to the GRFA, building height, setbacks, parking, site coverage or design requirements. As a result, the exterior of a new building reviewed under the proposed regulations will need to meet the same regulations that currently apply. Under existing regulations, a building can be constructed that looks identical to the building that would be allowed with the proposed text amendment. Staff finds that this criterion has been met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. In addition to the considerations mentioned above, the PEC should consider the impact of the proposed text amendment on the capacity of the Town’s infrastructure, including roads, water and sewer. The proposed text amendment will allow for an increase in the total number of dwelling units within the Lionshead Mixed Use 1 zone district, which should also lead to an increase in the number of people living and staying in Lionshead. As a result, more traffic, water use, and wastewater generation is anticipated. As shown on the attached memo from the Eagle River Water and Sanitation District (ERWSD), the proposal to eliminate the density maximum could have future impacts on the capacity of the local sewer treatment plants. If the growth is greater than planned by ERWSD, then “wastewater flows could eventually exceed the treatment capacity of the Vail Wastewater Treatment Facility.” The Vail W astewater Treatment Facility is already at capacity during the peak period from Christmas through New Years week, when wastewater flows are diverted to the Avon Wastewater Treatment Facility. (Please see the attached memo from the Eagle River Water and Sanitation Districts (Attachment D). Increases in density could also have an impact on local traffic. As shown in the Town Engineer’s memo (Attachment E), the Vail Transportation Master Plan assumes 110 net new dwelling units within the Lionshead Mixed Use-1 zone district. If future development exceeds this number, and if a major redevelopment of the Lionshead Parking Structure moves forward, then the Vail Transportation Master Plan will need to be updated and additional carrying capacity of the transportation system may be required. Town of Vail Page 19 April 2, 2019 - Page 190 of 196 As proposed, there would be no limit on the number of dwelling units allowed. In reality, there will not be an unlimited number of units built. For a project that reaches its maximum GRFA, the size of the units must get smaller as the number of units increases. At some point, however, smaller units will not make economic sense to construct if they become too small to be comfortable. Also, staff does not see a fair comparison between unlimited dwelling units and unlimited EHUs, accommodation units, timeshares, or fractional fee club units. There is not a strong market demand for EHUs, AUs, timeshares, or fractional fee club units; there is, however, significant demand for dwelling units. As a result, staff believes that the applicant’s proposal will lead to more redevelopment and additional impacts on local infrastructure. Since the policy of the Lionshead Redevelopment Master Plan is to encourage redevelopment, staff considers this proposal in line with the policy objective of the plan. One benefit of the proposed text amendment may be that smaller units are more likely to be short-term rented than larger units. These “hot beds” are encouraged in the Lionshead Redevelopment Master Plan since they are assumed to contribute more effectively to the local economy by supporting local retail and restaurants. VIII. ENVIRONMENTAL IMPACTS The Community Development has not identified any significant environmental impacts with the proposed text amendment. More density may lead to additional traffic coming into the area, but higher density in already developed areas is usually associated with better walkability, and greater use of public transit. If this density helps to reduce development farther from the core of town, and reduces sprawl, then there may be a minor positive impact on the environment. Demolition and new construction, as well as the environmental costs of the resulting debris, plus the energy required to construct new buildings, will likely have some impacts on the environment. IX. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval for the prescribed regulation amendment to the Vail Town Council. This recommendation is based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a Prescribed Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12- 7H-12, Density, Vail Town Code, to remove the dwelling units per acre maximum Town of Vail Page 20 April 2, 2019 - Page 191 of 196 while maintaining the existing dimensional standards including GRFA and building height in the Lionshead Mixed Use-1 zone district. (PEC18-0041) Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulation amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section V this memorandum, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." IX. ATTACHMENTS A. Vicinity Map B. Applicant’s Narrative C. Lionshead Analysis of Redevelopment by MPG D. Letter from Eagle River Water and Sanitation District E. Letter from Tom Kassmel, Town Engineer F. Previous Zoning Map – Lionshead Area G. Lionshead Redevelopment Master Plan (link) H. Vail Transportation Master Plan (link) Town of Vail Page 21 April 2, 2019 - Page 192 of 196 From:Matt Fitzgerald To:Chris Neubecker; Council Dist List Cc:Dominic Mauriello Subject:Letter of Support for Lionshead Zoning Amendment Date:Monday, January 28, 2019 9:23:44 AM Attachments:image001.png   Planning and Environmental  Commission Town  Council Town  of  Vail 75  South  Frontage  Road Vail, CO 81657   Re: Lionshead  Zoning  Amendment   Dear Commissioners and Councilmembers:   I am writing  in  support  of  the  Amendment  of  the  Lionshead  Mixed  Use -1 zone district as proposed by  the  Treetops  HOA. As  a  real estate professional  and the  managing Branch  Broker  for the  Slifer, Smith and Frampton  Lionshead  Office I am writing  to share  my  perspective  on the  Fractional Market today.   In  the  early 2000’s fractional  ownership  was  attractive to a  certain  segment  of  real estate buyers because the  units offered a  consistent resort  experience  and buyers were able to purchase  part of  a unit in  a  premier  location  at a  “fraction” of  the  price  of  the  comparable whole ownership  unit.  During  this time  we would  see  that a  number of  units, particularly larger  units were  not  actively rented  thus  the  void of  luxury rental inventory  bolstered the  sales  of  fractional/timeshare residences. Since this time  much has changed  with both  the  technology of  renting  and marketing  of rental properties. A  number of  rental management  companies  have targeted luxury and ultra-luxury rental properties. We now  see high value  properties regularly available in  rental programs. These factors have combined  to provide great  choice  and flexibility  for  our visitors to the  point that I believe  these  dynamics have impacted the  values of  fractional  properties in  general  and acutely in Lionshead.   A  quick review  of  the  Vail Board of  Realtors Multiple List  Service  shows that fractional  properties average days  on market  is  over  600 days  which indicates a  current lack  of  demand. In looking at the Ritz  Carlton  Club Vail property in  Lionshead, Sellers  of  Fractional Residences  have had to heavily discount to affect a  sale. This  trend  of  depreciation  in  conjunction  with  fractional  units associated annual fees  makes rental of  a  property a  relatively  risk free proposition with a  plethora  of  property rental options. I also know that the  “rotating  weeks” calendar of  fractional  usage  is  a  challenge with the  schedules of  our guests which again  underscores  the  ease of  renting  rather  then being  locked into a  fractional  unit.   With  regards  to building  programming the  inclusion  of  a  fractional  residence  program can  serve to limit the  number of  lenders that will lend  on the  property as financing of  fractional  residences  is April 2, 2019 - Page 193 of 196 extremely  limited and it  is  also impactful in  the  loan underwriting for whole ownership  unit loans as a  number of  lenders will  not  lend  in  buildings with a  fractional  component.   The Town  should  encourage HOA’s  and Developers to redevelop and put as many  dwelling  units into a  building  that comply within the  current dimensional  and square  footage standards. This  flexibility will  enable parties contemplating  redevelopment flexibility  to design  building  programming that will remain current with  market  demands. I encourage the  town  to continue  with the  revitalization of Lionshead  and approve this amendment.   Thank you  for  your  consideration.     Matt Fitzgerald | Branch  Broker  Lionshead Slifer Smith & Frampton  Real Estate 970.390.1290  |  myvailbroker.com Vail Real Estate  App:Click To  Download     Please Note: Slifer, Smith and Frampton will never email you wire instructions, please call me if you are asked to wire money.     "Please Note: We will never email you wire instructions, please call me ifyou are asked to wire money." April 2, 2019 - Page 194 of 196 Lionshead Centre Condominium Association 520 W. Lionshead Mall * Vail, CO 81657 * (970) 476-3651 Planning and Environmental Commission Town Council Town of Vail 75 South Frontage Road Vail, CO 81657 Re: Lionshead Zoning Amendment Dear Commissioners and Councilmembers: I am writing on behalf of the Lionshead Centre Board of Directors in support of the amendment of the Lionshead Mixed Use -1 zone district being proposed by the Treetops HOA. The Town did a great job in 1998 when it adopted the Lionshead Redevelopment Master Plan and the zoning that implemented the plan. The regulations put in place 20 years ago to encourage the redevelopment Lionshead were valid back then. Those regulations were based on construction costs and the minimum density necessary to encourage a condominium building to redevelop. The thought was that a 33% increase in density (dwelling units) would generate sufficient revenue and profit to allow redevelopment to occur. It worked for several properties early on. Today the 33% increase model no longer holds true. The desire for hot beds drove most of the thinking in 1998. The Town was experiencing vacancies in condominium units and the thought was to encourage fractional and timeshare units, which were theorized as having better occupancy rates. The fractional or timeshare market has waned in Vail and it’s difficult to convince an existing condominium HOA to get into the business of running a fractional or timeshare program and developers are not willing to take the risk to build fractional or timeshare units. Something clearly needs to happen. The good news is that with the progression of the internet and the introduction of platforms like AirBNB, HomeAway, and VRBO condominium occupancy has increased and the short term rental market has replaced the need for fractional and timeshare units. It makes sense that the Town should encourage HOAs to redevelop and put as many dwelling units into a building as reasonably fits given the dimensional and square footage standards given the new real estate realities in 2019. Restricting the number of units almost guarantees that only larger units will be developed. We encourage you to take the next step in the revitalization of Lionshead and allow this amendment to be approved. Thank you for your consideration. Sincerely, Jeffrey Babb Jeffrey Babb President, Lionshead Centre Condominium Association (970) 754-4008, jeffb@vailresorts.com April 2, 2019 - Page 195 of 196 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: A djournment 7:30 p.m. (estimated) April 2, 2019 - Page 196 of 196