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To: Alan Kosloff, Board of Directors,
Membership, and Interested Parties
From: Jim Lamont
Date: December 29, 2005
RE: 2005 Annual Long Report
President’s Message:
One only has to walk around Vail to understand
the significant changes effecting the community. More than one billion
dollars in redevelopment and infrastructure changes are either currently in
process or on the planning tables. When all these changes are complete what
will Vail look like? Will it still be the place we want to spend our time?
Will it still protect our investment? Will Vail continue to be a community
which respects open space and maintains high standards of design and
planning? We must ensure that during this process of much needed
improvements, that the basic character, ambiance, and financial health of
our community is maintained.
It is well past time that we address the limits
to growth. Are the incentives to encourage economic development by
deregulation of the community’s growth control regulations too aggressive?
Have we allowed buildings to become too tall and their density too extreme?
Is development paying it way through the payment of adequate impact fees?
Are we addressing those issues, which clearly threaten the community such as
noise and other environmental problems created by Interstate 70? These are
some the issues, we believe the community should address in the coming
months ahead.
While many of Vail’s most impressive aspects are
quantifiable, its finest qualities are not. The Vail Village Homeowners
Association is the voice of public advocacy seeking to protect these
tangible and intangible values, qualities which everyone with roots in the
community appreciates. The Vail Village Homeowners Association has been in
the forefront to ensure that Vail maintains the amenities and vision that
are so important.
More than 70% of Vail’s property is owned by
part-time residents who do not vote and often are unaware of important
changes, some occurring almost daily. Part-time residents are not able to
attend the forums where decisions are made that impact our property…we are
there. The Homeowners Association represents us and ensures that we have a
voice at the table. The Homeowners Association represents these part-time
residents and many full time residents as well. We aspire to have part and
full-time residents working together to meet the constant challenges.
The following is a report of your Association’s
activities for 2005 and its concern for the coming year and beyond.
Executive Summary:
·
Community Visioning:
The Association explored solutions to protect
the long-term future of the community’s quality-of-life and economy. A first
hand assessment, with the Town of Vail, of world-renowned European winter
resorts was carried out. It reaffirmed that Vail should continue to draw
upon its European precursors for solutions and market development
opportunities. Exploratory studies were prepared demonstrating the
feasibility of removing I-70 from the community. Other studies are underway
to assess other critical issues that could become effective models for the
community. It is concluded that the community should prepare a long-range
grand vision plan and strategy that addresses the foregoing possibilities as
well as other viable options.
·
Infrastructure Master Planning:
The Association encouraged the Town of Vail to formulate master plans for
critical community infrastructure needs, with a special emphasis on traffic
circulation systems and other environmental and quality-of-life
enhancements, e.g. pine-beetle and water pollution remediation, that would
benefit the entire community. Such plans could be used to assess
standardized impact fees upon new development.
·
Neighborhood Master Planning:
The Association sought the preparation of a master plan for the West Vail
Shopping Center area and other non-master planned areas. The Town of Vail
has commissioned the preparation of such a plan for the shopping center
area. Subsequent to the announcement of a new lift portal by VRI, a similar
plan is being prepared for the West Lionshead area. The Association is
participating as a public advocate in the preparation of these plans as they
are the primary tools to evaluate and guide public or private development
that will effect the mutual interests of Association members and
constituents.
·
Private Redevelopment Projects:
The Association has influenced $1 billion in redevelopment projects as they
affect the shared property right interests and quality-of-life issues of the
membership. The Association provides oversight of the Town of Vail review
processes, including the Planning and Environmental Commission, Design
Review Board, and Town Council. It functions as a policy advocate and
intermediary among affected property owners, who are members of the
Association, project developers, other interest groups, and the Town of Vail
on development regulatory matters.
·
Community Improvements Projects:
The Association advocates the allocation of the multi-million dollar Town of
Vail budget for community and neighborhood improvement projects that jointly
benefit visitors, full and part-time residents. The Association
participates in various aspects of the programming and design of these
projects. The Vail Village streetscape and dispersed loading & delivery
terminal project being the most notable.
·
Open Space Preservation:
Enforcement provisions in certain protective covenants were successfully
used in legal actions with affected property owners and supported by the
Association, to prevent planned public and private projects that would have
undermined the environmental integrity of open space tracts in Vail Village,
Lionshead, and other similarly affected covenant protected subdivisions.
·
Community Facilities Planning:
The Association, as an observer, participated in the deliberations of the
Vail Town Council appointed Conference Center Study Committee. The
Association sought to ensure the highest standards of accountability in the
preparation and analysis for all aspects of the development proposal.
Changes in the proposal cause the Association to request its resubmission to
the voters. The Association concluded the proposal was inappropriate. It
participated in a coalition of interested parties to decisively defeat the
ballot measure (806-542).
Discusssion:
Community Visioning:
The redevelopment currently underway in Vail’s
Resort Town Center, Vail Village and Lionshead, is bringing nearer to
completion a vision for the community that was planned in the late 1960’s
and early 1970’s. The vision of the 1970’s is inadequate to address the
challenges and opportunities that have arisen since it was conceived. These
are challenges such as environmental deterioration from increased
utilization of Interstate 70 and opportunities to make progress on issues
such as affordable housing and community amenities.
In recent years the removal of impediments to
redevelopment has stimulated sufficient capital investment to complete
comprehensive civic improvements, such as the Vail Village streetscape
plan. This 1970 project languished uncompleted for nearly three decades for
lack of funding. Likewise, redevelopment opened the opportunity to solve
long-standing quality-of-life conflicts over shortcomings in infrastructure
facilities. The enclosing of truck loading and delivery facilities
throughout Vail Village and Lionshead are a prime example. Lionshead, is
receiving major private investment in commercial and residential projects,
which is intended to lead to a general upgrading of an area that had begun
to show signs of aging. If redevelopment continues at or near its current
pace, it will take the better part of a decade to fully complete the planned
improvements.
Therefore, the time is nearing when the community
must begin to conceive a vibrant and challenging new long-term vision for
itself. The new-found vision should be firmly linked to the insight, energy,
and commitment that guided its first half-century. The creation of such a
vision must be a mutually shared effort; otherwise, it will not endure. It
should also be founded in overcoming adverse factors, which left unresolved,
threaten the community’s quality-of-life and economic viability.
Considerable effort must be made to insure Vail’s
emerging potential is brought to a wider national and international market.
Every effort must be made to insure that the community continues its
positive momentum at a pace which builds upon wisely calculated innovation
and investments. Any sign of flagging towards the pursuit of a proactive
future and the highest standard of excellence could discourage forward
thinking investors.
There is concern that more attention should be
directed at growth related issues. The Association is concerned that
development should be evaluated in light of its ability to pay for community
improvements which are a subsequent outcome of new growth and development.
There is a need to begin to impose standardized impact fees to be applied to
a wide range of community needs required as a result of new development.
Currently, impact fees are assessed in an ad hoc method inconsistently
applied from project to project. The current method of assessing impact fee
is being criticized from within the development industry itself. Therefore,
to reduce conflict within the industry and community about what constitutes
an impact fee or public benefit, it is recommended that a system of
standardized impact fees be implemented.
The Association has begun the exploration of
constructive opportunities that may be worthy of consideration in shaping a
compelling and practical image for the community’s future. In principle,
there are many advantages for Vail to continue
drawing upon its European antecedents for inspiration and guidance. It is
recognized that the Vail community should not become a parody of European
accomplishments, but must reshape appropriate solutions to its own unique
purposes. Toward this end, the Association’s Executive Director,
accompanied by the Director of Public Works for the Town of Vail conducted a
firsthand assessment of world-renowned European winter resorts.
The primary mission of the assessment was:
·
To identify methods that could be
applied to overcome the consequences of the environmental deterioration and
proposed expansion of Interstate 70, as well as other environmental blights
such as pine beetle.
·
Assess the European winter resort
population as a potential source to broaden the Vail destination guest
market.
·
Better understand the role that
cultural and other forms of tourism could have in building community and
which lend themselves to diversifying the destination guest experience and
market.
·
Identify technological advancements
and other innovations which could enhance Vail’s competitive position as a
resort, invigorate its quality of life and sense of community.
It was found that there are several technological
solutions and other economic opportunities, which could be successfully
transferred and adapted to benefit, Vail both in the short and long-term.
There are advantages for Vail to continue drawing upon its European
antecedents for inspiration. To achieve substantive progress in any of
these areas of investigation will require a cooperative effort among several
community organizations.
Research has been initiated to probe further into
these areas of assessment. A series of reports and whitepapers are in
preparation. A whitepaper concerning long-range options to remove I-70 from
the community has been prepared.
Summary of 2005 Association Activities:
Redevelopment Projects:
The Association has influenced $1 billion in redevelopment projects as they
affect the shared property right interests and quality-of-life issues of the
membership. The Association provides oversight of the Town of Vail review
processes, including the Planning and Environmental Commission, Design
Review Board and Town Council. It functions as an intermediary among
affected property owners, who are members of the Association, project
developers, other interest groups, and the Town of Vail. Redevelopment
projects in progress are the Vail Front Door, Crossroads, Four Seasons, Vail
Plaza Hotel, One Willow Bridge Road, Sonnenalp Bavaria Haus, Evergreen
Lodge, Tivoli Lodge, Manor Vail Lodge, Lionshead Core Site (ArraBelle), and
Ritz-Carlton Residences. Residential home development was tracked to insure
that regulatory processes were being fairly and consistently applied. It
should be expected that the Town Council will consider the repeal of GRFA in
single-family and duplex zone district in 2006.
P3 & J Project Parking Structure/Park
completed: The dedication on July 4th
of the Bob Parker Plaza and Founder Parking Garage (a.k.a. P3&J project)
was a hallmark accomplishment for the Association. The dedication ended an
initiative begun in 1991 with the formation of the Homeowners Association.
It was the purpose of the Association to insure that development of the site
protected the interest of the surrounding neighborhood and was developed in
accord with legal and other requirements. At the time the Association was
formed, the site was being proposed as a central truck dock for Vail Village
and the neighborhood was already clogged with trucks staging handcart
deliveries to Bridge Street businesses. The Associations effort opened the
door to a cooporative effort with Vail Resorts (the owner of the property)
and the Town of Vail that laid the ground works for the Vail Front Door
project and other initiatives to upgrade Vail Village. Efforts included a
new disperse loading and delivery system for Vail Village and $12-$14
million in streetscape improvements. The $10 million P3& J project created
a public park, major streetscape improvements throughout the immediate area
and a landscaped enclosed private parking structure for property owners in
Vail Village.
Crossroads Redevelopment:
A proposal to redevelop the Crossroads complex in Vail Village was withdrawn
by the developer from consideration by Vail Town Council in August. The
Town Council at that time was opposed (4-3) to the project. The proposal
will again be submitted in December for reconsideration. It is the
perception of some observers that developer activism in the recent Town
Council election may have reversed the earlier split vote of the Council so
that the proposed project would now receive approval.
The Association favors the redevelopment of
Crossroads, but has been unable to forge a compromise between the developer
and adjacent property owners who objected to the height, site plan and
density of the proposal. Likewise, the Association remains to be convinced
that the project is in full compliance with the spirit and intent of the
Town of Vail’s development regulations which apply equitably to all property
owners in the same or similar circumstances as it applies to impact fees and
the like.
There are significant differences between the
proposal, the Vail Village Master Plan, and the underlying zoning. A nearby
condominium project, with similar disparities, was required to first amend
the master plan and underlying zoning through the public review process.
The dispute arises because the project is exempt from the scrutiny involved
with the amendment procedures as it is a proposed Special Development
District (SDD). Disputes over interpretation and exemptions give the
appearance the SDD is being improperly used as a grant of special
privilege. The Association advocates the consistent and equitable
enforcement of zoning regulations and planning procedures upon all property
owners that share the same or comparable zoning benefits.
Applying a likewise comparison to impact fees,
the Crossroads developer has thus far not successfully demonstrated that his
project contributes its fair share to adequately offset the long-term
effects upon public infrastructure. Impact fees and the valuation of other
claimed public amenities should be uniformly assessed of all new
development. Public benefits that are represented as public amenities do
not release the developers from placing them under the control or ownership
of the Town of Vail. The demonstration of public benefits also does not
release the developer from paying impact fees that should be ranked in
accord with their relative importance to the public welfare, beginning with
public safety and ending with public art.
The purpose of the impact fees and public
amenities is to relieve business and property owners from an increased tax
burden for upgrading the community’s infrastructure and the like resulting
from development. All proposed contractual agreements must be made
available to the public prior to the project proceeding through the public
review process, not at the end. Such was not the case in the previous
proceeding and was partially responsible for the rejection of the proposal.
Town of Vail Conference Center Rejected:
The Vail electorate rejected a $64 million
ballot proposition for a Vail Conference Center (806 to 542). Voters
narrowly approved a $44 million Center in 2001. The development plan for
that proposition was ill-defined. The location for the Center was changed
soon after the election. The preparation of a definitive plan by a
bipartisan Council appointed study committee took more than two years and
resulted in a $20 million increase over the 2001 proposal. The Association
participated as an observer in the deliberations of the committee. The
Association concluded, as evidence mounted, that the 2001 approval had been
altered to a degree that the proposition must be referred back to the
voters. The Association’s position helped bring the issue back to the
voters. The Association also arrived at the conclusion, from information
presented by experts to the committee, that there were several factors which
fatally flawed the proposition. It determined that the Center would become
a distraction to the community’s ongoing redevelopment efforts by defusing
the focus of its destination resort economy. Secondly, there were negative
competitive trends in the national convention and conference market place
which could have caused the Center to become an increased burden to
taxpayers. The Association, in a cooperative effort with others in the
community, was successful in communicating their shared concerns to the Vail
electorate.
Planning Issues:
Master Planning:
The Association is urging the Town of Vail to consider adopting a tiered
approach to it master planning agenda. There is concern that the scope of
various master planning needs will be in conflict causing progress to be
slowed and agendas to be in conflict. Yet there is a need to integrate the
various plans so that there is compatibility and continuity. It is
suggested that the preparation of various master plans be segregated in a
way that long-range planning does not inflict delays upon mid and short
range planning efforts. There are overlapping elements from one level of
master planning to another. Each plan proceeds simultaneously on parallel
tracks with interrelated elements being available at the appropriate time.
The master planning tiers are:
·
Community long-range vision
·
Infrastructure systems
·
Neighborhoods (sub-area)
·
Community facilities
The intent is each tier of master planning
proceeds at a pace that provides recommendations to each of the other
planning tiers when it is required. This approach allows a neighborhood
plan to proceed, without having to be diverted or wait upon the completion
of a master plan for a particular infrastructure system. A master plan for
the South Frontage Road or the proposed Central Boulevard, are examples of
an infrastructure system. The South Frontage Road serves several
neighborhoods (sub-areas). Neighborhoods (sub-areas), which are currently
being master planned are West Lionshead and the West Vail Shopping Center
area. The infrastructure master plan for the entire route of the proposed
Central Boulevard would proceed on an independent schedule. However, those
neighborhoods or sub-areas being master planned would be given priority in
the infrastructure planning process for Central Boulevard so that
recommendations are included and compatible for a particular sub-area master
plan in accord with the time schedule required to complete the plan. The
result will be that when the infrastructure master plan is completed there
will be continuity and consistency of design and service along the entire
route.
Interstate 70 removed - the basis for a
long-range vision plan for Vail: The
Association explored alternative solutions to protect the long-term future
of the community’s quality-of-life and economic stability, in light of
growing environmental deterioration associated with I-70 and its planned
expansion. Exploratory studies were begun to assess the potential of
removing I-70 from the community altogether by means of a bypass tunnel or
burying it in structures. Preliminary findings indicate such possibilities
are technically feasible. Strategies include the private development of the
abandoned I-70 right-of-way through Vail to finance the project. The
studies revealed opportunities to reverse engineer an appropriate visionary
plan and begin implementing it immediately. It is recommended that the
community take up the preparation of a long-term vision plan that addresses
the foregoing possibilities.
Infrastructure Master Planning:
The Association has urged that a master plan be prepared for critical
infrastructure projects, such as South Frontage Road improvements. The
master plan would be subject to the public review and comments process,
which are common to all master plans and would be used to calculate the cost
of funding improvements. The estimated cost could then be used to establish
rates for applicable impact fees and capital budgeting. Similar plans are
needed for the parking, transportation terminals, real time traffic
management signage and upgrades to the entire frontage road system.
·
South Frontage Road Improvement
Project: The Association is
encouraging the Town, Vail Resorts and others to develop an all-inclusive
improvement plan for the South Frontage Road in the resort town center. The
purpose of the effort is to produce an attractively beautified and efficient
central circulation boulevard for the resort town center of Vail Village and
Lionshead, from Ford Park to Cascade Village. The proposal is an extension
of the Association’s successful effort to encourage the Town and VRI to
undertake investments throughout Vail Village and Lionshead as part of the
Vail Front Door and New Dawn projects which will beautify the area’s
streetscape and improve guest facilities. In this instance, it is the
intent to insure that circulation and beautification improvements are made
to the South Frontage Road as redevelopment projects are approved in Vail
Village and Lionshead. Once these redevelopment projects are completed the
beautification and other improvements to the South Frontage Road will also
be ready to accommodate an increase in traffic for a new clientele.
The South Frontage Road is the primary
circulation corridor by which automobiles and trucks gain access to
strategically located parking and loading facilities. It is these
facilities which allow many streets in Vail’s resort town center to be fully
accessible to pedestrians, thereby contributing to the area’s European
ambiance.
The South Frontage Road, with the exception of
the Main Vail roundabout, has had the same utilitarian appearance of
uninterrupted asphalt since the late 1960’s. Unlike the plan which is
guiding the successful renewal of the streetscape throughout Vail Village,
there is no overview plan or design process which directs the consistency of
aesthetic and engineering standards. Consequently, planned improvements are
accepted for their political expediency, rather than compliance with
qualitative standards and a cohesive vision. The lack of progress is in
large measure due to an ongoing debate to allow overflow parking along
sections of the Frontage Road right-of-ways.
The Association seeks to resolve this debate by
development of a long-range plan which will provide locations for additional
off-street parking facilities at key locations along the South Frontage
Road. This strategy is consistent with long established town planning
principles for Vail. As these facilities are completed overflow parking
will be removed from the South Frontage Road, and replaced with a roadway
designed to maximize safety and capacity, while minimizing asphalt and
concrete.
The Association suggests that independent design
teams, particularly those with fresh ideas, be employed in a design
competition to present the community with options for the redevelopment of
South Frontage Road into a central boulevard which include strategies for
the location of future parking structures and necessary mass transportation
facilities.
·
Central Boulevard Plan:
The plan should be extended in a second phase to include the design for the
central boulevard from Cascade Village to the West Vail Shopping Center
(Community Town Center). The South Frontage Road would be link to the North
Frontage Road through a new $15 million I-70 underpass located in the
vicinity of Cascade Village and the Timber Run affordable housing
complex.
Neighborhood Master Planning:
The Town of Vail commissioned, after being urged
by the Association for the past three years, the preparation of a master
plan for the West Vail Shopping Center area. A similar plan is also being
prepared for the West Lionshead area, subsequent to the announcement of a
new lift portal by VRI. The master plans are being prepared as the primary
tool to evaluate and guide public or private development proposals. The
Association participates as a public interest advocate as each of these
plans will affect quality-of-life and the economic interests of its
members.
·
Vail’s Community Town Center
Plan: The concept for the
redevelopment of the West Shopping Center area is to create a mixed-use
community town center. The primary purpose of the Town Center is to provide
for commercial and residential uses which focus on the domestic, (as
contrasted to the resort) needs of the community. The plan, now in its
formative stages, would bring increased density to provide for more retail,
lodging, residential and office opportunities. There would be increased
supporting infrastructure for parking, loading and delivery and community
facilities. Traffic circulation and building height is being designed to
minimize impacts on existing adjacent residential properties. The
challenge for the Town is how does it encourage all property owners in the
planning area to participate by redeveloping their property in conformity
with the plan? Some are suggesting that the plan should not be adopted
until there is a master development agreement approved by all affected
property owners. Such an agreement would require all property owners to
contract with a primary developer who would assume the financial risk to
redevelop the entire area.
·
West Lionshead Portal Plan:
Vail Resorts, Inc. has submitted an
application for a ski lift in the vicinity of its maintenance facility. The
company has acquired several developed properties in the area. The Town of
Vail has initiated a master planning process for the area. The
development concept being discussed includes on the South Frontage Road
consideration of a major employee parking structure, residential and
commercial development, the relocation and consolidation of VRI’s
maintenance facility, a significant realignment and expansion of the South
Frontage Road, a mass transit terminal and the enhancement of the Sandstone
Creek stream tract. The purpose of the new lift portal is to support the
development of new residential and commercial use as well as to accommodate
related on-mountain transportation and service needs. The point has been
discussed that commercial uses in the area should also focus on insuring
that the proposed parking structure is used in the evening hours and that
the area should provide a positive sales tax return to the Town of Vail. The
Association has requested that the realignment of the South Frontage Road be
incorporated into a new master beautification and traffic circulation plan
for the South Frontage. The Association has recommended that on-street
parking be discouraged and that the width of the roadway emphasis a traffic
circulation pattern that minimizes the amount of asphalt and increases the
landscape areas giving the Frontage Road the appearance of a parkway, rather
than the industrial appearance it now has. Further, the Association has
requested that the proposed I-70 Simba Run underpass be giving serious
review and consideration as part of the master planning process.
·
Tract K Snow-Cat Route and
Cascade Village/Glen Lyon Lift Remain in Doubt:
The Association has urged that the Town of Vail
and VRI work with appropriate parties in Cascade Village and the Glen Lyon
subdivision to integrate their interests into the West Lionshead Portal
Plan. The contractual agreement that VRI has for the Cascade Village lift
will expire within the next several years. VRI has requested Glen Lyon
property owners to abandon certain covenant protections on the Town of Vail
owned Tract K open space so that the access route for VRI’s snowcats can be
relocated from its present route on West Forest Road. The proposed new
route to be built in conjunction with the redevelopment of West Lionshead
would not impact any adjoining residential properties in Glen Lyon according
to technical studies conducted by VRI in compliance with Town of Vail
regulations. A number of Glen Lyon property owners have blocked a covenant
amendment that would permit the Tract K access route. It is reported that
those blocking the proposed route have requested certain conditions and
considerations in return for their agreement to amend the covenants. VRI
has refused to accept the proposition and has withdrawn its application
pending before the Vail Town Council to construct the access route. It is
surmised that property values in Glen Lyon could well be affected should VRI
refuse to renew its agreement to accommodate the Glen Lyon lift. If a
compromise is to be reached over Tract K access, it will most likely turn on
the terms of the continued existence of the Glen Lyon lift. The
Association has taken the position that the acceptance of the Tract K
snow-cat access route and related operation agreements will improve the
quality-of-life and serve the economic interest of all affected residential
property owners, both on West Forest Road, Cascade Village, and the Glen
Lyon subdivision. It favors a quid pro quo agreement that, in exchange for
VRI’s acceptance of responsibilities to insure the continued existence of
the Glen Lyon lift; property owners in the Glen Lyon subdivision with
approve a covenant amendment allowing the snow-cat access route on Tract K.
The Association does not support the use of eminent domain (condemnation)
powers by the Town of Vail, except in circumstances where there is mutual
agreement among all concerned parties.
Community Facilities Planning:
There is a need to provide a comprehensive approach to the planning and
prioritization of all types of community facilities. The failure to have
such a plan for recreation facilities led to severe financial difficulties
for the Vail Recreation District. The District has for the most part
recovered from five years of financial and organizational readjustment.
The difficulties caused political conflict between the Recreation District
and the Town of Vail. In general the Town of Vail owns either or both the
land and improvements which the Recreation District operates under various
lease agreements.
The Association takes the position that all
community facilities, whether they are recreational, cultural, social or
wellness related, should be incorporated in a comprehensive plan which
identifies sites, development programs and costs for a diverse range of
facilities for all age groups. The prioritization for the development of
these facilities should be ranked according to each facility’s ability to
serve the broadest distribution of age and income as represented by the
community’s primary full and part time resident and guest constituencies.
Such an approach will, in the estimation of the Association, yield the
highest utilization and return on investment for each facility.
To continue with the same evaluation process that
led to these Vail Recreation District difficulties would be inappropriate
and counter productive. A new system of evaluation and planning must be
applied. The Recreation District because of its limited mission should not
be the sole entity involved in planning for community facilities.
Organizations which provide other community oriented amenities and
enhancements, in conjunction with those who represent economic and community
constituent or philanthropic interests, should be incorporated in the
planning process.
Environmental Issues:
Open Space Preservation:
An important strategy of the Association
is protecting open space and the protective covenants that apply. The
Association assisted the neighborhood in contesting plans for a private
commercial deck on public open space land protected by covenants behind the
Tap Room bar and restaurant. Recently an Eagle County Court issued a
temporary injunction to stop the construction of the deck based on the
facts. If the ruling is appealed, the Association will continue to assist
and send an important message that open space and related covenants in Vail
will be vigorously defended.
The Tap Room bar and restaurant received
permission from the Town of Vail and Vail Resorts, Inc to construct a
private dinning deck on a portion of Tract E, a covenant protected open
space parcel located behind the restaurant, adjacent to Pirate Ship Park.
The protective covenants prohibit any non-recreational structures being
built on the tract. Affected residential property owners brought the matter
before the Eagle County District Court seeking an injunction to stop
construction of the deck. The Court granted the injunction on its merit and
set the matter for trial. The Court could not grant an injunction if there
was not a substantial probability that the property owners would prevail at
trial.
The Association objected to the Town of Vail’s
approval and assisted the effected property owners to maintain the integrity
of the protective covenants. It was the concern of all those involved with
the effort that should a violation of the protective covenants be allowed to
stand it would weaken the protections for several other covenant protected
open space and stream tract parcels throughout Vail Village and Lionshead.
The Association has been successful in recent
years in restoring protective covenant protections in other instances where
development on covenant protected stream tract was in dispute. It is
supportive of an ongoing effort by the Town of Vail to restore the integrity
of stream tract and other open space lands by causing the removal of
unauthorized improvements that are inconsistent with covenant protections.
The Association also advocates the restoration of covenant-protected lands
that have been abused or improperly disturbed.
Pine Beetle Infestation:
The Association investigated methods to reduce the wildfire danger and
restore the scenic qualities of alpine environment by the large tract of
beetle killed pine trees (beetle kill) which increasingly continues to
blanket the region surrounding Vail. There is increasing public recognition
that as the infestation spreads the stands of dead and dying trees are
having a negative impact on the tourism economy because the scenic qualities
of the region are one of its major drawing cards. Removal or remediation of
the dead stands in all likelihood is consistent with the United States
Forest Service traditional policies of resource management, on whose land
much of the unrestrained and blighted devastation has occurred.
Pine Beetle Clean Up:
On its
assessment tour of European winter resorts, the Association identified a
biomass steam and electrical generation system which was in part fueled by
beetle kill. The system was in Lech, Austria and was used to provide steam
heat to a ski village occupying an area on a scale of with Vail Village and
Lionshead. A smaller system in the same community was used to produce both
steam heat and electricity. Each of these systems meet or exceed stringent
environmental protection standards. The Association was instrumental in
inviting the Town Manager of Lech to make a presentation regarding the
applicability of a similar system in Vail. The system could be fueled by
beetle kill, as the local logging industry does not have sufficient capacity
to utilize the shear volume of dead and dying trees in the region. The Town
of Vail has continued its effort to remove beetle kill, particularly in
neighborhoods where the presence of these trees have increased the threat
from wildfire.
It is reported that the Town may undertake the
study of applying various biomass generation strategies to the needs of the
community. In recent months various actions have been proposed in the
United States Congress to provide funding for remediation and clean up
programs. The Association has advocated that the Town of Vail seek funding
for the study and application of a biomass generation project in the
community. The Association continues to urge for public information and
improved reporting on the subject by the local media.
I-70 Black Gore Clean Up:
The Association supported efforts by the Vail and Eagle County governments
to increase the funding for the clean up of Black Gore Creek, on Vail Pass,
which has been heavily polluted by road traction sand from Interstate 70.
The efforts of the Association resulted in increased funding for a local
organization that is working to resolve this threat to Vail’s water supply
and Gore Creek, one of the community’s most valued environmental and
recreational amenities. The Association may need to consider taking further
action, as congressional intervention may become necessary to cause the
Colorado Department of Highway (CDOT) to become more aggressive in their
remediation and clean up efforts. The clean up has been underway for nearly
a decade with limited results.
I-70 Noise Mitigation and berms:
The continuation of the Town of Vail/CDOT program
to build noise berms from road sand extracted from Vail Pass Black Gore
Creek was advocated by the Association. Support was given to the Bald
Mountain Road Homeowners Association in their effort to resolve utility
easement issues that were hampering the expansion of its ongoing I-70 noise
barrier berm project in Booth Creek. It also supported an effort by the
Town of Vail to study noise mitigation measures that could be employed to
reduce offensive noise level from I-70. The results of the study indicate
that in the long-term no known method will be effective in substantially
shielding the entire community from industrial levels of noise pollution
generated by traffic on I-70. Studies indicate a geometric increase in
traffic and related noise problems over the coming decades. As a result of
the reports finding the Association has taken up the study of methods to
remove I-70 from the community.
The Association supports the effort by the Town
of Vail to reduce Interstate noise pollution through more aggressive
enforcement of the speed limits. The Town’s effort made some progress and
the Association urges increasing the budget to encourage more enforcement.
Noise Ordinance Amendment and Enforcement:
The Association supported the removal
of a noise limitation requirement from the Town’s zoning ordinance that was
in conflict with the noise control ordinance. Promised recommendations from
the Town staff for code modification which would improve enforcement of the
noise pollution created by amplified sound in the lower register of sound
frequencies has not as yet been forthcoming.
Town of Election Reforms:
Quirkiness in the Town of Vail election
procedures and fair campaign practices policies were reported by the
Association during the Town election. The subject of the Association report
was highlighted when immediately after its publication a Council candidate
had to withdrawn from the race. His withdrawal was required because of term
limits requirement in the Colorado constitution, adopted by referendum some
years before. The Town had either not known or understood the applicability
of the State mandated term limits requirement. There is additional
anecdotal evidence that a reform of the Homerule Charter may be necessary,
as well as a bipartisan oversight evaluation of the community’s ethics and
procedures with respect to its fair-campaign-practices. There is confusion
and concerns about the role of public employees and the local media in
influencing campaigns.
Effect of Transient Employee Voter Block
Experienced: The influence of the
transient employee voter was clearly felt in the election. A recruitment,
registration, and block voting operation targeting this group is in large
measure responsible for determining the outcome of the election. The
operation was conducted by a coalition of disgruntled developers. A
transient employee voter is one who has residence in the community for more
than 30 days and typically moves away in a year or less. More than 300 new
voters were registered in the Town of Vail between January and the November
election. There was a 131vote margin between the leading and the 7th
place finisher in a field of nine candidates for four open council seats.
Block voting is very important when the full tally of votes cast was 1356,
which is a typically high turnout (35.7%) for a regular Vail election. It
is reported that residency requirements is some Colorado communities can be
as long as one year. Questions have been raised if Vail, as a home rule
community, has the latitude of varying its residency requirement beyond the
30-day minimum standard.
Intergovernmental Liaison – Eagle County
Airport: The Association initiated an
effort to upgrade the Eagle County Airport. An assessment was conducted of
the airport functionality from the standpoint of air travel between
Vail/Eagle County Airport and Chicago O’Hare.
The importance of the Eagle County Airport to the
future of Vail cannot be overstated. Every effort must be made to expand
service and upgrade facilities for both public and private aircraft.
Improvements are being made, such as the installation of a new radar system,
that will improve airport landing and takeoff operations during bad
weather. The County Commissioners are requesting an airport interchange on
I-70 giving passengers direct access, eliminating delays now caused by
routing airport traffic through downtown Eagle and Gypsum on two-lane state
highway. The proposed interchange is in competition with proposed I-70
improvements from other Eagle County communities.
A complete assessment of the airport limitations
and opportunities should be included in long-range master planning efforts
for Vail. The greater use there is of the Eagle County Airport, the greater
will be the conflict with surrounding communities.
Any limitation on service could adversely affect
Vail. The Association suggests that the County’s mass transit system (ECO)
should provide direct bus service to passenger between Vail and the airport
terminal.
Such a service will provide another incentive for
destination guest to access the Vail through the Eagle County Airport.
Greater effort, which would benefit the consumer, should put to creating
competition among those entities that service the airport.
Vail should urge Eagle County authorities to make
plans to upgrade the airport that are in sequence with planned changes and
shifts of trends in the complexion of Vail and the other communities the
airport serves. Oversight of the airports capacity, service, and
facilities should be incorporated into the function of the Town of Vail and
the community’s business associations. It can be foreseen, even now, that
all-weather improvements are necessary, including enclosing the access ways
between the terminal and planes. The airport plan should be brought into
balance and sequenced with projected growth for its service region.
The financial planning for subsidies required to
expand service to Eagle from more national hubs should be long-range. It
should be sequenced with projected advances in aircraft technology as well
as growth in visitor and residential populations. A plan should be put in
place to accommodate international flights and customs facilities as
economic and related factors permit. Planning should be premised on service
demands that would arise for major international events being scheduled more
frequently into Vail and the region.
Association Whitepapers and Reports Published:
the Association during the past year
published the following reports and white papers. Most are available on the
Association’s website.
·
Vail’s Economic and Community
Development Evolution - The Next Chapter.
·
Expanding or Eliminating Interstate
70 - A long-term vision plan for Vail.
·
VVHA
Crossroads Recommendation to Vail Town Council.
·
Interstate 70 Expansion - VVHA Action Recommendation.
·
Pine
Beetle Infestation - VVHA Action Recommendation.
·
Crossroads at Vail/VVHA Report to theTown Council.
·
Vail
Conference Center VVHA Position Statement.
·
Town of Vail Election - Lapse of
Fair Campaign Practices.
·
VVHA Position Statement for the
proposed Vail Conference Center Election.
·
Post Town of Vail Election Report
·
Open Space Preservation -
Protective Covenant
Membership and Organization Issues:
The Board of Directors has adopted governance
guidelines to provide for the expansion and succession of its Board
membership. Emeritus positions have been created for retiring members who
desire to continue their working relationship with the Board of Directors.
Balloting for the 2006 Board of Directors has been completed.
The Association and its Board lauds the civic
contribution of Director Ellie Caulkins for her commitment and dedication to
the Colorado Opera through the Caulkins Family generous patronage, which
provided for the construction of the newly dedicated Ellie Caulkins Opera
House in Denver.
The Association has reorganized it membership
development program and will carry out a targeted membership drive during
the first quarter of 2006. Efforts were made to stimulate the formation of
advocacy Homeowners Associations in both East and West Vail.
The Association’s email and website communication
system were upgraded. The email system was used extensively during the Town
of Vail election and is credited with getting the Association’s views before
the community and electorate.
Press relations were conducted with the local
media, the Denver Post, and New York Times. Several Association authored
op-ed commentaries were serialized and letters to the editor published in
the Vail Daily.
Lectures concerning Vail were delivered by the
Association’s, Executive Director to student groups from the University of
Colorado, Leeds School of Business and Michigan’s Hope College,
Environmental studies program.
The Executive Director made monthly financial
reports to the Association’s Treasurer. The Association will complete the
year with a balanced budget and a healthy fund balance.
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