HomeMy WebLinkAboutTown Council Highlights 121107Memorandum to File
March 2, 2009
Planner: Warren Campbell
The information contained in this file pertains to the
discussion which occurred regarding the collocation of a
transit center and employee housing on the North Day Lot.
After several design iterations and multiple public reviews it
was determined that the Town did not want to pursue
anything more than skier drop-off and employee housing on
the site, both of which were obligation of Vail resorts from
the Arabelle project. These items are included with the
approved plans for the North Day Lot simply to serve as a
history for future inquiries regarding the North Day Lot.
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FILE COPY
MEDIA ADVISORY
December 11, 2007
Contact: Corey Swisher, 479-2106
Town Manager's Office
VAIL TOWN COUNCIL HIGHLIGHTS FOR DECEMBER 11, 2007
Special Session Briefs
Council members present: Cleveland, Daly, Foley, Newbury, Rogers
Not present: Hitt, Gordon
--Executive Session, pursuant to 1) C.R.S. §24-6-402(4)(a)(b)(e) - to discuss the
purchase, acquisition, lease, transfer, or sale of property interests; to receive legal
advice on specific legal questions; and to determine positions, develop a strategy and
instruct negotiators, Re: Satisfaction of Vail Resorts Development Company housing
obligation.
Newbury moved to adjourn to Executive Session with Rogers seconding. The motion
passed 4-1, with Foley opposed.
--Proposed amendment to the Core Site Development Agreement as it relates to the
employee housing obligation
In open session, Council was asked to consider a proposed amendment to the core site
development (Arrabelle at Vail Square) agreement as it relates to employee housing
requirements. Vail Resorts Chief Executive Officer Rob Katz stated, "Vail Resorts and
the Town of Vail are in alignment around the goals to increase the amount of employee
housing in the Town of VaiI...The commitments we made are ones we will keep and
honor and we are not looking away from that...The only issue that I would want to raise
is in regard to location." He then raised concerns about potential appeals and litigation
from residents (surrounding the North Day Lot) which would be out the hands cif Vail
Resorts. "Our letter of credit would need to remain outstanding until any litigation would
be decided." Katz then confirmed Council was not interested in pursuing a Timber Ridge
redevelopment in relation to Vail Resorts fulfilling its employee housing requirements for
the Arrabelle at Square. Newbury said, "No one on Council said it was Vail Resorts
responsibility to redevelop Timber Ridge." Daly commented, "It is likely we will step back
and do a master plan on Timber Ridge that reflects the long term housing needs of the
community." While discussing locating employee housing on the North Day Lot, Katz
noted, "Approval in LionsHead will be difficult and lengthy to address." He them
announced there was a potential opportunity to place employee housing on the parcel
referred to as Solar Vail in conjunction with an existing redevelopment project. Newbury
suggested Vail Resorts consider submitting a proposal forthe North Day Lot tPiat
complies with zoning and not request excessive variances that would motivate angst
from adjacent property owners. "Use by right makes it much more difficult for the
neighbors to litigate." Ruther clarified employee housing was a use by right on the North
Day Lot parcel. "As is transit, as it is noted in the LionsHead Master Plan." Newbury
clarified the original core site development agreement contemplated all of the housing
lost due to redevelopment wou-d be replaced. Foley said he fully supported the' housing
being located in LionsHead. Katz noted, "I'm disappointed in this direction... It's
something the community doesn't want, and we'll be in the middle of this battle." During
public comment, Steve Maroney said they (Vail Resorts) had not offered any viable
alternative locations for the employee housing to be located. Rogers clarified the
amendment to the development improvement agreement would be binding to any
successor to Vail Resorts in the event the corporation would be acquired by another.
Tom Neyens spoke in favor of generating more beds. " We should have had housing
right now as per the original agreement... The whole idea is getting beds as soon as
possible... Take your time. We'll (LionsHead business operators) survive if the Arrabelle
doesn't open." Kaye Ferry said employee housing is an essential thing to do and it
needs to happen in the Town of Vail. "I don't know if the best use of land is in the core
of LionsHead... Which ever option gets us there faster is what we are looking for... We
can't just wait another four or five years to get something done." Former Vail Mayor Bob
Armour clarified, "If we follow e~asting zoning we do not have to fear litigation on the
North Day Lot." Cleveland concluded the discussion by explaining Council would be
open to taking any application and reviewing it fairy. Katz askedrf Vail Resorts could
approach the Council with conceptual ideas prior to bringing a proposal to the PEC.
Council agreed it would be appropriate, however recommendations on matters of bulk,
mass, density would be required from the PEC. Daly moved to approve Resolution 29,
Series of 2007 with Rogers seconding. The motion passed, 4-1, with Foley opposed.
Resolution #29 formalizes a set of conditions:
^ Vail Associates will post an irrevocable letter of credit (LOC) in the amount of
$17,345,789, in a form satisfactory to the town. Upon posting of the LOC the Core
Employee Housing Requirements will no longer act as a roadblock to the issuance of
a temporary certificate of occupancy for the Arrabelle Project.
^ Vail Associates will submit to the town, by February 25, 2008, a complete
development review application fora project or projects in town, which include at
least 120 newly constructed employee housing beds to comply with the Core
Employee Housing Requirements.
^ Vail Associates or a third party obtain approval of a development review application
for the North Day Lot or alternate site by November 5, 2008 and the town will work in
good faith to provide any approvals by such date for a timely filed application, all in
accordance with the review standards.
^ Vail Associates or a third party developer will obtain a building permitfortrie
construction of the North Day Lot or alternative project and shall begin construction
of a North Day Lot or an alternative project no later than May 1, 2009.
^ A "breach" or default' by Vail Associates under this agreement is: (a) the failure of
Vail Associates no later than November 5, 2008, to obtain from the town a complete
development review approval for the North Day Lot or alternative Project; (b) the
failure of Vail Associates, by no later than November 5, 2008, to obtain from the
Colorado Department of Transportation (CDOT), if necessary, all necessary
approvals by CDOT for the North Day Lot or alternative project; (c) the failure of Vail
Associates to obtain a building permit for the construction of the North Day Lot or
alternative project and shall begin construction of the North Day Lot or alternative
project on or before May 1, 2009 (unless this date is extended) or (d) any failure by
Vail Associates to actively pursue construction of the North Day Lot and/or
alternative project pursuant to a building permit for the construction of the North Day
lot or alternative project once construction has commenced.
The formal documents have yet to be finalized. For details, contact Matt Mire at 479-
2460.
--Adjournment
Newbury moved to adjourn with Foley seconding. The motion passed unanimc>usly, 5-0.
UPCOMING DISCUSSION TOPICS
>2->8-07lNork Session, Start fig TBD
--Board Interviews
--PEC/DRB Update
--Northwest Colorado Council of Governments (NWCCOG) Water Quality/Quantity
Update
--Front Door Ski Yard - explanation of what happened in the design and construction of
the Front Door ski yard that now disallows adequate turn out for World Cup races or
amphitheatre setting for special events
--Information Update
--Matters from Mayor & Council
72- 98-07Evening Session, 6p. m. start
--Rod Slifer Recognition
--Battle Mountain High School Cross Country State Championship Recognition
--Citizen Participation
--Consent Agenda
--Town Manager's Report
--Election Commission Appointments for the Town of Vail
--Board Vacancy Vote
--Second Reading of Ordinance No. 37, Series of 2007, An Ordinance Adopting a Use
Tax on Construction and Building Materials; Amending Title 2, Revenue and Finance,
Vail Town Code with the Addition of Chapter 8 "Use Tax on Construction and Building
Materials"
--Second reading of Ordinance No. 32, Series of 2007, an Ordinance to enact prescribed
regulation amendments to Title 11, Sign Regulations, and Title 12, Zoning Regulations,
Vail Town Code, to allow for amendments to regulations pertaining to outdoor display,
sales signs, menu boards
--Second Reading of Ordinance No. 38, Series of 2007, An ordinance making
supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund,
Real Estate Transfer Tax Fund, Dispatch Services Fund and Heavy Equipment Fund of
the 2007 Budget for the Town of Vail Colorado
--Chamonix Planning Contract Award
--Open Hillwood Timber Ridge Redevebpment Proposal
--Review and Approve Ford Park paid parking dates for the 2008 Summer Calendar.
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