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HomeMy WebLinkAbout1987-07-07 Support Documentation Town Council Regular Session c} F VAIL TOWN COUNCIL 'REGULAR MEETING TUESDAY, JULY 7, 1987 7:30 p.m. AGENDA 1. Approval of June 2, 16 and 30, 1987 Evening Meeting Minutes 2. Final Presentation of the Market/Financial Feasibility Study for the Uail Aquatic Facility 3. Ordinance No. 16, Series of 1987, second reading, an ordinance amending Special Development District 5, as established by Ordinance No. 6, Series of 1976, by amending the site plan. 4. Ordinance No. 18, Series of 1987, second reading, an ordinance amending Chapter 10.12 Parking on Private Property of the Vail Municipal Code by the addition of Section 10.12.055 Court Cost Upon Dismissal, and setting forth details in regard thereto. 5. Ord=nance No. 19, Series of 1987, second reading, an ordinance approving a Special Development District (known as SDD No. 16, Elk Meadows) and the development plan in accordance with Chapter 18.40 of the Vail Municipal Code and setting forth details in regard thereto. 6. Ordinance No. 20, Series of 1987, second reading, an ordinance making supplemental appropriations from the Town of Vail Capital Projects Fund, and the Real Estate Transfer Tax Fund of the 1987 budget and financial plan for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein. 7. Ordinance No. 21, Series of 1987, first reading, an ordinance amending Section 17.26.075 of the Municipal Code of the Town of Vail concerning condominium conversions. 8. Ordinance No. 22, Series of 1987, first reading, an ordinance amending Section 18.54.050 C.13, Section 18.12.090, and Section 18.13.180 of the Vail Municipal Code. 9. Ordinance No. 23, Series of 1987, first reading, an ordinance adding Chapter 18.09 to the Vail Municipal Code, such chapter to be entitled Hillside Residential District, and setting forth development standards for such zone district. 10. Doubletree Sign Variance Request 11. Rimel Density Variance Appeal CITIZEN PARTICIPATION 12. Town Manager's Report 13. Adjournment VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, JULY 7, 1987 7:30 p.m. EXPANDED AGENDA 7:30 1. Approval of June 2, 16 and 30, 1987 Evening Meeting Minutes 7:35 2. Final Presentation of the Market/Financial Feasibility Study Kristan Pritz for the Vail Aquatic Facility Action Requested of Council: Discuss the report and future steps for the project. (The Swimming Pool Task Force, Browne, Bortz & Coddington, and Barker Rinker Seacat Consultants will be making the presentation.) Background Rationale: The consultants were hired to . complete a market/financial feasibility study for the proposed Vail Aquatic Facility. 8:20 3. Ordinance No. 16, Series of 1987, second reading, amending Rick Pylman SDD #5, Vail Run Resort Action Requested of Council: Approve/deny Ordinance No. 16, Series of 1987, on second reading. Background Rationale: Vail Run Resort has documented a severe parking shortage. They are requesting to convert an existing tennis court to parking. This action would create a net of 21 new parking spaces. Staff Recommendation: Approve Ordinance No. 16, Series of 1987, on second reading. 8:40 4. Ordinance No. 18, Series of 1987, second reading, amending Larry Eskwith the Parking on Private Property Chapter of the Municipal Code Action Requested of Council: Approve/deny Ordinance No. 18, , Series of 1987, on second reading. Background Rationale: Adoption of this section will make individuals who report private parking violations more serious about appearing to prosecute violators once Police write ticket. Staff Recommendation: Approve Ordinance No. 18, Series of 1987, on second reading. 8:55 5. Ordinance No. 19, Series of 1987, second reading, Kristan Pritz establishing a Special Development District for The Ualley Phase III (Elk Meadows) Action Requested of Council: Approve/deny Ordinance No. 19, Series of 1987, on second reading. Background Rationale: At the June 8 Planning Commission meeting, Lamar Capital Corporation requested a major subdivision and rezoning of The Valley, Phase III from Residential Cluster to Special Development District with underlying zoning of Residential Cluster. The PEC approved both the major subdivision and the Special Davelopment District zone with a 3-1 vote. Staff Recommendation: Approve Ordinance No. 19, Series of 1987, on second reading. 9:15 6. Ordinance No. 20, Series of 1987, second reading, making a Steve Barwick Supplemental Appropriation to the Town of Vail Budget Action Requested of Council: Approve/deny Ordinance No. 20, Series of 1987, on second reading. Background Rationale: A suaplemental appropriation is needed to provide formal approval for expenditures related to items which could not have been reasonably foreseen or anticipated by the Town Counc;l at the time it adopted the 1987 budget. Staff Recommendation: Approve Ordinance No. 20, Series of 1987, on second reading. 9:30 7. Ordinance No. 21, Series of 1987, first reading, amending Kristan Pritz the i0V Subdivision Regulations concerning Condominium Conversions in Section 17.26.075 Action Requested of Council: Approve/deny Ordinance No. 21, Series of 1987, on first reading. Background Rationale: The applicants are requesting to amend the condominium conversion section of the Subdivision Regulations concerning an owner's personal use of a converted condominium. This request was reviewed by the PEC on June 22, 1987. The PEC recommended approval. (Applicants: Mr. Tim Garton, Mr. Dave Garton) Staff Recommendation: Approve Ordinance No. 21, Series of 1987, on first reading. 9:50 8. Ordinance No. 22, Series of 1987, first reading, Primary/ Rick Pylman Secondary Connection Amendment to Section 18.54.050 C13 of the Vail Municipal Code Action Requested of Council: Approve/deny Ordinance No. 22, Series of 1987, on first reading. Backgr~ind Rationale: The staff is proposing an amendment to this section of the code following discussions with the DRB and Town Council. Also, the PEC recommended approval. Staff Recommendation: Approve Ordinance No. 22, Series of 1987, on first reading. 10:10 9. Ordinance No. 23, Series of 1987, first reading, Hillside Rick Pylman Residential Zone District Action Requested of Council: Approve/deny Ordinance No. 23, Series of 1987, on first reading. Background Rationale: An element of the Land Use Plan was the creation of a new zone district entitled Hillside Residential. Community Development staff has designed a district that we feel meets the intent of the Land Use Plan. The PEC also recommended approval. Staff Recommendation: Approve Ordinance No. 23, Series of 1987, on first reading. 10:25 10. Doubletree Sign Variance Request Rick Pylman Action Requested of Council: Approve/deny the variance request. Background Rationale: This request is for a variance to heignt, number and square footage allowances for a single business as categorized by the Sign Code. The request entails a 20 sq. ft. sign mounted approximately 60 ft. high on the north elevation of the building. The DRB recommended approval. -2- ; Staff Recommendation: Approval of the request. 10:45 11. Rimel-Density Variance Appeal Rick Pylman, Action Requested of Council: Uphold or overturn the PEC decision. Backgraund Rationale: The PEC approved a density variance deck enclosure of approximately 79 sq. ft. The Council has called up the decision for further review. Staff Recommendation: Overturn the PEC decision and deny the request. CITIZEN PARTICIPATION 12. Town Manager's Report 13. Adjournment ~ -3- MINUTES VAIL TOWN COUNCIL MEETING JUNE 2, 1987 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, June 2, 1987, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Paul Johnston, Mayor Kent Rose, Mayor Pro Tem . Eric Affeldt Gordon Pierce MEMBERS NOT PRESENT: Gail Wahrlich-Lowenthal John Slevin Hermann Staufer TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Pam Brandmeyer, Town Clerk - The first order of business was approval of the May 5 and 19, 1987 meetings minutes. After a short discussion, there was a correction noted to be made on the May 5 minutes. The corrected sentence should read "2. Joe Staufer reimburse the Town of Vail for improvements/move of the Ski Museum, up to $75,000 with the completion of Phase V." Kent Rose made a motion to approve the minutes with the noted correction, which was seconded by Gordon Pierce. A vote was taken and the motion passed unanimously 4-0. - - The second item was an appointment of a Local Liquor Licensing Authority Board Member. Jack Curtin's term ended, and he reapplied for the position. There were no other applicants for his seat. There was no discussion by the public or Council. A motion to reappoint Jack to the Board was made by Kent Rose and seconded by Gordon Pierce. A vote was taken and the motion passed unanimously 4-0. The third item for discussion was Ordinance No. 15, Series of 1987, first reading, annexing East Intermountain to the Town of Vail. Mayor Johnston read the title in full. Ron Phillips gave brief background information on the annexing area. There was no discussion by Council or the public. A motion to approve the ordinance was made by Gordon Pierce and seconded by Kent Rose. A vote was taken and the motion passed unanimously 4-0. Next on the agenda was Ordinance No. 16, Series of 1987, first reading, amending Special Development District 5(Vail Run Resort) by amending the site plan. The full title was read by Mayor Johnston. Rick Pylman explained what the ordinance would do and the history of the area involved. He also stated the impacts of the new parking site and answered questions by Council. Chris Neuswanger stated his concerns. Jay Peterson raised a question regarding if Gordon Pierce had a conflict under the Charter since he was the architect of the parking lot plans. Larry Eskwith stated he felt there was a conflict. Jay then requested the item be tabled for two weeks. Peter Patten stated there would not be any final approval, but that Vail Run could begin the Design Review Board process after the first reading on June 16. At this time, a few citizens explained their problems and concerns over the project. Afterwards, a motion to table the ordinance for two weeks was made by Eric Affeldt and seconded by Kent Rose. A vote was taken and the motion passed unanimously 4-0. Under Citizen Participation, Robin Baker of Eagle River Whitewater rafting asked the Council to let them operate on a trial basis before turning them down altogether. Gordon Pierce and Kent Rose agreed, and Eric Affeldt disagreed. Mayor Johnston said he had reservations, but would be willing to give it a try. The rafting company is to call the golf course and tell them when the rafts will be going down, so they can see what the effects are. It was also decided the agreement would be for the month of June only. Gordon Pierce felt they should look into the Ford Park entry idea. Gunther Hofler was for the rafting idea very much. Ron Phillips stated he had only one item for the Town Manager's report. He reported on bus ridership for May 1987 compared to May 1986. The shuttle for Golden Peak to Lionshead was up 66%, East Vail was down by 16%, and the West Vail and Sandstone routes were up from last year, for a total of a 45% increase over last year. There being no further business, the meeting was adjourned at 8:15 p.m. Respectfully submitted, Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Brenda Chesman ~ -c- MINUTES VAIL TOWN COUNCIL MEETING JUNE 16, 1987 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, June 16, 1987, at 7:30 p.m. in the Cowncil Chambers of the Vail Municipal Building. MEh16ERS PRESENT: Paul Johnston, Mayor Kent Rose, Mayor Pro Tem Eric Affeldt Gail Wahrlich-Lowenthal Gordon Pierce MEMBERS ABSENT: John Slevin Hermann Staufer TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first order of business was a ten year employment anniversary award for Charlie Turnbull, a Town of Vail Heavy Equipment Operator II. Ron Phillips introduced Charlie and gave him a silver Town of Vail belt buckle. Pete Burnett and Stan Berryman stated they were pleased and honored to have Charlie work for them and commended him on his good attitude and sense of humor. Mayor Johnston said the Council appreciated Charlie's commitment and his loyalty to the Town. The second item was Ordinance No. 12, Series of 1987, second reading, adopting the 1987 Edition of the Uniform Electric Code by reference. The entire title of the ordinance was read by Mayor Johnston. Peter Patten explained they had received a letter from the State raising the fees very slightly that day. After a brief discussion, it was noted the increase in fees would be included in the ordinance on second reading, and it would just be published in full. Gail Wahrlich-Lowenthal made a motion to approve the ordinance, and Kent Rose seconded. A vote was taken and the motion passed unanimously 5-0. The third item for discussion was Ordinance No. 15, Series of 1987, second reading, annexing East Intermountain to the Town of Vail. Mayor Johnston read the title in full. Larry Eskwith gave a brief explanation of what the ordinance would do and thanked Bobbi Salzman and everyone who worked hard to make this annexation happen. There was no discussion by Council or the public. A motion to approve the ordinance was made by Gordon Pierce and seconded by Kent Rose. A vote was taken and the motion passed unanimously 5-0. The next item was Ordinance No. 16, Series of 1987, first reading, amending Special Development District 5(Vail Run Resort) by amending the site plan. The full title was read by Mayor Johnston. Rick Pylman explained what the amendment would do and gave background information on the area. He noted the impacts to Simba Run and explained why the PEC approved the amendment unanimously. Gordon Pierce stated he would have to abstain from voting since he did the architectural work on the plans. Larry Eskwith then requested the Council to include two findings in the motion - 1) that the SDD zoning is in conformance with Town of Vail zoning, and 2) was for the general welfare of the citizens of Vail. Jay Peterson, representing Vail Run, asked that the item be tabled temporarily. Vail Run and Simba Run representatives were in another room working out an agreement which should be concluded shortly. Kent Rose ~ then made a motion to temporarily table the ordinance, and Eric Affeldt seconded. A vote was taken and the motion passed unanimously 5-0. The fifth item was Ordinance No. 18, Series of 1987, first reading, amending the parking on private property chapter of the Municipal Code. Mayor Johnston read the title in full. Larry Eskwith briefly explained what the ordinance would do. Mike Cacioppo asked questions to which Larry responded. Kent Rose made a motion to approve this ordinance, and Gail Wahrlich-Lowenthal seconded. A vote was taken and the motion passed unanimously 5-0. The next item discussed was Ordinance No. 20, Series of 1987, first reading, making a supplemental appropriation to the Town of Uail budget. The full title was read by Mayor Johnston. Steve Barwick explained what the supplemental appropriation was for r _ and discussed a few changes made since last week's Work Session. Mike Cacioppo asked questions, to which Steve and Council responded, and stated his concerns. Ken Wilson asked questions regarding how the Council made their choice for the Town Manager's residence and explained the problems he saw. Cynthia Steitz, Chris Neuswanger, Mike Cacioppo and Diana Donovan commented on their concerns regarding the house. Ray Story, who helped Town staff plan a schematic design, explained what was planned. Cynthia Steitz again stated her concerns over the costs planned for the Town Manager's house and over West Vail street assessments; she felt the money should be spent there. Gordon Pierce explained that street assessments were made because the streets were inherited from the County, and East Vail residents did not want to help pay to improve them. Charlie Wick gave a history of the Town Managers' housing problems and why he felt it was an appropriate long term investment for the Town. Gail Wahrlich-Lowenthal made a motion to approve the ordinance, with the deletion of the Town Manager's residence improvements until an appraisal was completed, and this motion was seconded by Eric Affeldt. A vote was taken and the motion passed unanimously 5-0. The next item was the return ofi Ordinance No. 16, Series of 1987, first reading, amending Special Development District 5(Vail Run Resort) by amending the site plan. The full title was read by Mayor Johnston. Kent Rose made a motion to take the ordinance off the table, and Gordon Pierce seconded. A vote was made and the motion passed unanimously 5-0. Jay Peterson, representing Vail Run, stated that they had worked out their differences with Simba Run. He explained they had agreed to certain items which should be included in the ordinance, which he would give to Larry Eskwith. He read their list of items agreed upon: 1. Parking will be primarily for employees and long-term residents; no commercial vans are to be par,ked there. 2. No snow is to be moved on to Simba Run property. 3. A buffer is to be agreed upon~by both parties, with the approval of the Design Review Board. 4. The landscape plan will feature a minimum amount of ten foot spruce trees, adequate to locate one tree for every eight feet around the parking lot. 5. A five foot berm will be.placed around the parking lot. ~ 6. There is to be no lighting around the parking lot unless required by the - Town of Vail. 7. The lighting on the ramp is to be no higher than four feet. Chris Neuswanger stated his problems with the proposed ordinance. Nicholas Giancamilli, representing Simba Run, stated that what Jay presented was pretty much what they wanted to accomplish. Eric Affeldt made a motion to approve the ordinance . with the additional language read by Jay Peterson, and Gail Wahrlich-Lowenthal seconded. Peter Patten then stated his concerns that the DRB may have problems with the eight foot spacing between the trees around the area and also no lighting around the parking lot. Jay explained he only used the number of trees as the minimum to be purchased, and that there would be no lighting around the parking lot "unless required by the Town". Larry Eskwith requested that Eric include the findings that the SDD zoning is in conformance with Town of Vail zoning and is in the general welfare of the citizens of Vail. Eric Affeldt included these findings in his motion. A vote was taken and the motion passed 4-0, with Gordon Pierce abstaining. The eighth item was Ordinance No. 19, Series of 1987, first reading, establishing a Special Development District for The Valley Phase III (Elk Meadows). Mayor Johnston read the title in full. Kristan Pritz showed the Council current drawings and gave , detailed background information on the area. She also detailed items included in the ordinance. She noted staff recommended approval with five conditions: 1. The development of each building envelope will comply with the environmental impact report, especially the design recommendations cited by Mr. Dan Pettigrove in a letter concerning design mitigations for rock fall hazards. Each individual owner will be responsible for completing the rockfall mitigation measure per the Pettigrove letter. Studies will meet the standards outlined in Section 18.69.052 of the Town of Vail zoning code. An owner may choose to have another qualified engineer/geologist design appropriate rockfall mitigation measures, as long as the mitigation solution does not have negative visual impacts and -2- is approved by the Town of,_Vail Community Development Department and Town Engineer. - 2. The proposed preliminary landscape plan and design review guidelines will be reviewed by the Design Review Board for their approval before final plat submittal. 3. The applicant agrees to revegetate the access road if the general subdivision improvements are not completed by September 1, 1989. General subdivision improvements are defined in Section 17.16.150 of the Town of Vail Subdivision Regulations. 4. The declaration of protective covenants for the Elk Meadow Subdivision states that design guidelines "may be adopted". The staff would require that the wording be changed to state that design guidelines "shall be adopted". The full paragraph would read: "Guidelines for the development of the building envelopes and tracts shall be adopted by the Committee, which shall, among other things, interpret and/or implement the provisions of these protective covenants. Guidelines may be amended from time to time with the majority vote of approval from the Committee and approval of the Town of Uail Design Review Board. The guidelines will be available from the chair of the Design Committee and Town of Vail Community Development Department." 5. The following engineering information will be submitted to staff by June 15, 1987: a. The revised master drainage plan. b. The preliminary plan will be revised to show the new turn-around dimension on the west end of the property. c. The road plan will have an engineer's stamp. The preliminary plan will be adjusted for square footage totals due to the removal of the four guest parking spaces on the west end of the project. d. A letter from Nick Lampiris will be submitted to address the rockfall design requirements. A graphic is suggested. e. Gas line and fire hydrants will be indicated on the utility plan in the appropriate areas. Kent Rose stated he wanted it made clear to the public that mitigation was recommended for the structure only. Peter Patten commented that rockfall mitigation would be decided upon by the engineer and explained why the burden would be put on theowners to do the mitigation. Peter Jamar explained how the rockfall mitigation was developed and how it was similar to other areas. Kristan stated the PEC did approve both requests, with J.J. Collins being the only one to vote against. After some discussion by Council, Kent Rose made a motion to approve this ordinance with the inclusion of a requirement that a letter from Nick Lampiris outlining his opinion of whether or not mitigation is necessary for the open space area of the subdivision be submitted before a second reading of the ordinance, and Gail Wahrlich-Lowenthal seconded. A vote was taken and the motion passed unanimously 5- 0. At this time, a typographical error was noted on Section 4, Item 12. There should be a dollar mark before the .30. Kristan then explained the Council needed to make a motion to approve/disapprove the request for a major subdivision in compliance with major subdivision requirements. Gail Wahrlich-Lowenthal made the motion to approve the subdivision, which Gordon Pierce seconded. A vote was taken and the motion passed unanimously 5-0. The ninth item for discussion was the Town of Vail Auditors' 1986 financial report. Charlie Wick introduced Jerry McMahan and Steve Thompson, head auditor, of McMahan, Armstrong and Kenney. Jerry explained the Town was in compliance with requirements and in very good condition at the end of 1986. He gave highlights of the audit document and an overview of the Town's financial position. Charlie Wick made comments on investments made during last year, then Jerry McMahan answered questions of Council. The next item was Resolution No. 20, Series of 1987, extending the SDD 14 approval (Doubletree Hotel). Tom Braun explained what the resolution was for and gave background information on the SDD. He then explained why the staff recommended -3- deniai. Tom stated the Planning Commission had recommended approval of the extension for one year only with the following recommendations to Council: 1. The Town Council look at the parking requirements; it seems they may be overly restrictive. 2. The Applicant initiate talks with the Vail Valley Medical Center like last year regarding shared parking. Peter Jamar, representing Vail Holdings, urged the Council to hire a third party to study lodges, hotels, etc. parking needs; he did not feel it would be near as much as what was required. He commented the Applicant would agree to a twelve month period, and the landscape plan is underway and should be done by September 1, 1987. After some discussion by Council, Mayor Johnston made a motion to approve the ordinance, conditional on the landscape plan being completed. Kent Rose seconded the motion. A vote was taken and the motion passed unanimously 5-0. The next item of business was an appeal of a PEC decision on a request for a density variance to enclose ten decks at Treetops Building No. 2. Eric Affeldt called up this item because he noticed they were breaking new ground by enclosing the decks. Kristan Pritz reviewed the reasons the PEC approved the enclosures: 1. There was a minimal amount of increased GRFA. 2. Substantial landscaping will be done in excess of that required with the fact that this was a major emphasis of the proposal and did not include maintenance and upgrading which would normally be required. 3. Balconies remain for each unit and are usable. Peter Patten gave additional background information on the item. Staff recommended approval of the exterior alteration, but denial of the density variance. Diana Donovan commented on why and how the PEC made its decision. Tom Briner commented on why he felt the variance should be granted. Gordon Pierce made a motion to uphold the PEC decision to approve the request, and Kent,Rose seconded. A vote was taken and the motion passed 4-1, with Eric Affeldt opposing. Under Citizen Participation, Diana Donovan remarked she was upset that the four-way was cold and uninviting now with the new street lights. Stan Berryman explained the design approvals by the State, and that we actually were able to get ten foot shorter posts and non-standard lights approved. Ron Phillips stated there would be no Town Manager's report. There being no further business, the meeting was adjourned at 10:50 p.m. Respectfully submitted, Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Brenda Chesman -4- MINUTES VAIL TOWN COUNCIL SPECIAL MEETING JUNE 30, 1987 7:30 P.M. A special meeting of the Vail Town Council was held on Tuesday, June 30, 1987, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Paul Johnston, Mayor Eric Affeldt Gail Wahrlich-Lowenthal Gordon Pierce John Slevin Hermann Staufer MEMBERS NOT PRESENT: Kent Rose, Mayor Pro Tem TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager _ Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first order of business was the Phase I report of the Congress Hall feasibility analysis. Ron Phillips gave a brief introduction of the item. Tom Braun then explained this Phase I was the market analysis and after the presentation, Council would be asked to decide if staff should progress on to Phase II which will deal with location and economics of a Congress Hall. He then introduced Dick McElyea, Executive Vice President of Economic Research Associates, who explained what ERA has done to this point and introduced his staff who were involved in the project. Julie Burford of ERA stated the four principal tasks of completing this Phase: 1. Overview of the meetings market and analysis of market availability. 2. Evaluation of Vail as a conference/convention destination. 3. The competitive environment. 4. Market support for a Vail Congress Hall. She then gave in-depth information on each item. She reported the next steps in Phase II would be: 1. Site/location/urban design analysis. 2. Program refinement. 3. Estimate of development costs. 4. Operations analysis. 5. Economic impact and cost/benefit analysis. 6. Strategy plan for financing and implementation. She then answered questions from Council and the public. Pepi Gramshammer commented on why he felt the town should have a Congress Hall and presented to the Council a petition signed by 1,200 people in favor of a Congress Hall. Dale McCall stated he was for the Congress Hall and the Town should proceed on to Phase II. There was then some discussion by Council. Pepi Gramshammer urged the Council to make a decision now to start plans for a Congress Hall so it would be ready in time for the World Alpine Ski Championships in 1989, and not to wait for a report on Phase II. Julie Burford responded by saying she agreed with Pepi, but that planning was a very important part of the process, and the Town should be very careful if it proceeded quickly. After a few remarks from David Kanally, who agreed with Julie, and David Ross, who concurred with Pepi, Gordon Pierce made a motion to move on to Phase II, and Hermann Staufer seconded. A vote was taken and the motion passed unanimously 6-0. At this time, Mayor Johnston noted he had been approached by members of the public who felt the Congress Hall would happen faster if done by the private sector. He wanted it known that Council would be open to any proposals presented to them. The second item on the agenda was Resolution No. 21, Series of 1987, adopting a safety and loss control policy for the Town of Vail. Steve Barwick explained the resolution's primary purpose and that the Town could expect major reductions in its insurance policies once this resolution was in effect. Eric Affeldt then made a motion to approve the resolution, which was seconded by John Slevin. A vote was taken and the motion passed unanimously 6-0. Steve Barwick next brought before Council an item not on the agenda, liability insurance. He discussed information on the insurance, the differences between "occurrence" and "claims made" policies and the pros and cons of each. After some discussion by Council, a motion to accept an "occurrence" policy at $162,400 was made by Eric Affeldt, and seconded by Gordon Pierce. A vote was taken and the motion passed unanimously 6-0. There being no further business, the meeting was adjourned at 9:42 p.m. Respectfully submitted, Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Brenda Chesman -2- TO: Town Council FROM: Swimming Pool Task Force: Tim Garton, Chair, George Knox, Lizette Lamb, Duane Piper, and John Slevin. Staff: Steve Barwick, Pat Dodson, Kristan Pritz DATE: July 7, 1987 SUBJECT: Swimming Pool Task Force Final Report In February of 1986, the Town Council appointed an 8 member task force to begin research on the Aquatic Facility. A first phase report was completed in August of 1986. The firms of Browne, Bortz & Coddington and Barker-Rinker-Seacat were hired to do a market and financial feasibility study in the spring of 1987. A summary of their report is attached to this memo as well as a copy of the entire report. PUBLIC SUPPORT FOR THE POOL PROJECT The Swimming Pool Task Force feels that the project is supported by the community due to the favorable comments highlighted below: 1. The Ford Park Master Planning process indicated that the pool was the highest priority for a recreational facility. Three public meetings and one general survey all listed the pool as a top priority. 2. A 1,600 signature petition was.submitted by community members to the Council. Several petitions had also been presented earlier. 3. At the 1987 public hearings sponsored by the Town Council, the pool was one of the top priority capital improvement projects. Other top priority items were the development of the Town parks and providing money for marketing of Vail through VRA. These meetings were attended by approximately 75 - 100 members of the community. 4. The Eagle County Recreation Survey which was just completed also indicates that the pool is the top priority for locals. Below are the results from a survey question designed to gather opinions on recreation priorities: More respondents, to date, indicate a new indoor pool than any other category, and the average dollar amount allocated to the "indoor/outdoor swimming complex" is the highest, $18.00+. Bike trails are the second highest priority by this measure ($11.04), followed by an indoor recreation center with a gym ($10.17). What we are seeing is a consistent pattern of support for the swimming complex and the idea of new bike trails by residents of all parts of the County, although the strength of support for a pool facility is most evident Up-Valley (east of Edwards). (Survey Summary p. 5, Rosall Remmen & Cares, Inc.) 5. At the request of the Swimming Pool Task Force, Vail Associates surveyed skiers during the 1986-87 ski season to gauge the level of interest in the proposed aquatic facility. Visitor interest was quite high. Approximately 75% of residents, 28% of day skiers, and 34% of destination skiers indicated a positive interest in a swimming complex. (BBC and BRS report, pg. 22) VAIL AQUATIC CENTER CONCEPT The proposed facility is a comprehensive multipurpose aquatic center that offers the greatest number of activities for the greatest number of people possible. It is the intention of the Task Force to create a unique, high quality, tourist oriented facility that offers enhanced recreation alternatives for Vail area guests and provides local residents with an opportunity for recreation, instruction and training uses. The pool is designed so that it has the ability to cover its operating costs and make a profit which can be used to pay off debt service. The facility's size and amenities were chosen after extensive interviews with other facility operators and recreation complex managers across the country. The center will provide for water safety instruction, fitness swimming, competitive swimming, diving, water polo, synchronized swimming, water therapy, recreational play and many other uses. With an amusement pool as the focal point of the center, the aquatic facility becomes a major visitor attraction that spans all seasons. As presently conceived, the aquatic center contains four key elements: o Amusement pool which includes several pools on multiple levels with a variety of slides, waterfalls, fountains, sprays, bubblers and other entertainments. o Support space which would include dressing/shower rooms, lounges, offices, storage, pro shops, food service, mechanical equipment and other support functions. o Indoor muli-use ool, a 25 meter by 25 yard pool designed for multi-purpose uses including diving, instruction, lap swimming, kayak instruction, scuba instruction, physical therapy, water polo, synchronized swimming and water games. 0 Outdoor recreation pool, an outdoor 50 meter by 25 yard pool suitable for general recreation, instruction, fitness, training, and competition uses during mild weather. 2 Cost components include: Cateqor_y Price Amusement Pool _ $ 652,000 _ (Enclosure) 2,400,000 Support Space 900,000 Indoor Multipurpose Pool 261,000 (Enclosure) 1,210,000 Outdoor Recreation Pool 590,000 Architectural Engineering Fees 400,000 Furnishings 50,000 Total $6,463,450 Additional costs not listed above include landscaping and site development. Analytical Approach In conducting this analysis, the consultant team developed a computerized forecasting model that integrates Vail economic demographic trends, market acceptance expectations and cost/revenue assumptions to produce forecasts of net revenues associated with the Vail Aquatic Facility operations. In this process, project revenue forecasts, and thus estimates of project feasibility, are derived under a variety of alternative assumptions.regarding prospective community development, possible entrance fees and charges, and alternative utilization rates. Operating Costs Operating costs have been calculated based on project design and the experience of other facilities. The following costs are anticipated: Cateqory Cost Management/operations $ 425,000 Promotion/advertising - 45,000 Utilities (water, electricity, HVAC) 280,000 Supplies 45,000 Insurance 50,000 Miscellaneous 20,000 Total $ 865,000 The Browne, Bortz and Coddington report states that the cost of the facility approaches $ 6.5 million. Total revenues are estimated to be $1.083 million annually, while operating costs are expected to reach $865,000. Net revenues, after a reasonable start up period and marketing effort, are projected to exceed $210,000 per year. If 3 operated under present market conditions, and with competitive entrance fees, annual aquatic center attendance levels are expected to exceed 170,000 visitor days plus use by school children (please see BBC's "Summary and Conclusion Memo" and the full report for more detailed information). COMMUNITY EDUCATION ON THE PROJECT During the month of June, the Swimming Pool Task Force met individually with community groups to explain the project. Meetings were held with Vail Associates, the Vail Resort Association, the Board of Realtors, the Rotary Club, and a general public meeting was held on June 17th. We felt that it was very important to explain the details of this project to the community due to the fact that at first glance the project appears to be grandiose and expensive. We feel that our meetings were a success in that the community had the chance to really understand the full intent of the project. Several important questions were brought up during these meetings which the task force would like to address: 1. IS FORD PARK REALLY THE BEST LOCATION FOR THE AQUATIC FACILITY? WILL THE FACILITY HAVE NEGATIVE IMPACTS ON THE AMPHITHEATRE AND SOFTBALL FIELDS DUE TO ITS SIZE. The Ford Park location was originally chosen during the master planning process for Ford and Donovan Parks. At that time, THK was asked to locate the pool on one of these two parcels. It was determined that the east end of Ford Park was most suited for a pool facility. As stated in the plan: "Both the survey data and the public meeting input showed the swimming pool to be the highest priority for a recreational facility. Once again, the consultant recommends that the best location for the swimming pool . would be the center of the Village where access, parking, and support facilities would be available. Since there is no known available site in the Village, Ford Park was chosen for the location of a pool facility.... The consultants also feel that whatever the pool complex becomes, it should offer more in the way of aquatic recreation than just the lap pool and diving boards. This is not to suggest a wave action pool, but something more imaginative. This would be one sure way of helping the facility pay for itself." (Ford Park Master Plan Document pg 19) The Swimming Pool Task Force also did a site analysis that looked at the following locations as far as their potential to handle an aquatic facility: Town of Vail Municipal Building site, east end of Lionshead Parking Structure, east end of the Village Parking _ Structure in the area of the basketball court, east end of Ford Park, west end of Ford Park and Donovan Park. It was determined that the east end of Ford Park was the best location. The site study looked at a site's characteristics in respect to parking, views, visibility, adequate land, water table, proximity to other facilites, sun exposure, etc. 4 The Task Force decided to continue using the Ford Park location, as it has some very positive characteristics which will make it a workable site for the pool facility: 1. The site has a beautiful view of the creek and ski mountain. The site is very well suited for a pool that may have both an indoor and outdoor exposure. 2. The site has good sun exposure. 3. The site is very visible from the ski mountain and from I-70. 4. The site is in close proximity to guests and locals. 5. This location supports existing recreational activities. Presently in the park an amphitheatre and three sofball fields exist. The other activities and facilities that have been planned through the Ford Park Master Plan should be complemented by a pool in this location. 6. Access is readily available. 7. The site is on an existing bus line. 8. The utilities are available. 9. Adequate space is available for parking on site. 10. The size of the site is adequate to handle a high quality pool facility. 11. Potential expansion for further structured recreation is feasible. The Task Force believes that the pool facility can be buffered from the amphitheatre so that conflicts are minimized. The facility can also be contained on the eastern portion of the park so that it does not impact the softball fields. We have scheduled a site visit to Ford Park for the work session so that the Council can review the proposed site. If people have suggestions on alternative sites, the Task Force would be very willing to discuss these options. 2. WHAT DOES THE POOL DO TO INCREASE OUR ATTRACTIVENESS AS A RESORT? The Task Force contacted Steamboat Springs, Winter Park, 5 Breckenridge and Whistler Springs to try to get numbers on the increase of visitors due to their pool facilities or alpine • slides. These resorts did not document their tourism numbers in such a way that the increased tourism due to the specific facilities could be broken out of their overall tourism statistics. However, managers and resort agencies all stated that the facilities increased guest visits and helped very much to diversify visitor activities. In addition, the amenities encourage guests to extend their visits by providing one more guest experience. Recently, the VRA has developed a pocket sized guide for Summer Vail that lists guest activities on a day by day basis for seven days. Our opinion is that the aquatic facility, once completed, would be an attractive "day 8" to add to this brochure. Secondly, recent recreation survey data has indicated that activities for teens are lacking in our community. The pool facility would be a very high quality family oriented experience which would be an attraction, particularly for children and teens. The Task Force believes strongly that these are important factors our community should consider. 3. IS IT REALLY FEASIBLE THAT THE VAIL ECONOMY AND POPULATION CAN SUPPORT A POOL OF THIS MAGNITUDE? WHY NOT BUILD A SMALL POOL AND ADD ON IF THE DEMAND WARRANTS? The three-pool concept has been designed with the local and guest needs in mind. It was felt that to create a very basic municipal pool would only create a project that continued to absorb public funds throughout its existence. The three-pool concept has been designed in such a way that all three pools have a purpose and meet certain community needs and taken together, provide a type of synergy to make the whole project work. Without the amusement pool, it is very unlikely that the pool has any chance of being able to cover its operating expenses. The Task Force looked at the possibility of phasing for the pool and determined that in order to make the project work financially, phasing was not a viable approach. Also, in interviewing other pool managers, a recurring comment was that they had built their pool too small. They wished that they had thought about what the pool facility could have become by using a more comprehensive and imaginative project development approach. The Task Force has taken this information to heart and has tried to design a pool that is attractive to guests and locals and also financially responsible to the community. We also intend to further study each pool element, particularly the amusement pool to refine programming needs and design of the facility. 4. HOW SHOULD THE POOL COSTS BE PAID? Possible public funding sources are listed below and further discussions with the community and Council are warranted. 6 3 . . ANNUAL DEBT SERVICE: $615,000/year for 20 years (at current interest rates) FUNDING SOURCES: Property Taxes: Yield: $130,000 per mill $615,000/$130,000 = 4.7 mills needed Example of cost to Vail Home Owner: Residential property with 1985 market value of $100,000 is valued at 21% of market value x .21 to produce an assessed valuation of $ 21,000 A mill levy of 4.7 x .0047 produces an annual tax of $ gg, Sales Tax Yield: 10 =$1.9 million annually $615,000/$1,900,000 = 0.32% sales tax needed Current Revenue Sources: The latest Town of Vail multi-year budget projection prepared by staff indicates that sufficient funding for one project of this cost will become available in 1990 or 1991. Vail Metropolitan Recreation District: The VMRD should have approximately $400,000 per year available beginning in 1990. It is quite possible that the VMRD board may commit to using these funds to help pay a portion of the debt service on an aquatic facility. Operating Revenue: It should also be noted that our figures indicate that approximately $200,000 plus would be available to offset bond indebtedness. Some type of private support for the project may be feasible. Private support could possibly be combined with public sources of funding for the project. If it can be shown that the facility will produce an annual operating surplus, it is likely that a private operator would also commit to funding a portion of the capital costs. Once again, it must be emphasized that the amusement pool is an important part of making this project attractive to private participants. 7 5. HOW NNCH WILL IT COST FOR A LOCAL TO USE THE POOL? The Browne, Bortz and Coddington study assumes that the fee for local residents will be $4.00 per visit. Persons may join the facility through a family membership at "an annual cost of $175." An average revenue per guest will be $7.50 per visit. School children would swim through scholarships or $1 rate per time. 6. IS IT REALISTIC THAT THE WINTER GUEST WILL WANT TO USE THE SWIMMING POOL? As stated in the BBC report, certain skier demographic trends indicate that the pool would be an attractive facility for the winter guest: . An aging skier population which is more leisurely oriented . An increasing tendency not to ski every day during a ski vacation . A stated desire (VA survey results) to see more and different tourist activities available within the Vail Valley . Growth of the family visitor market with children who would be attracted to an aquatic facility. Nationwide, amusement pools and aquatic entertainment centers have been extremely successful. Numerous towns, private investors and special districts have responded to this trend away from traditional swimming facilities. Similarly, the sport of swimming is gaining in popularity as a source of low risk aerobic exercise. Leisure facilities are principally attractive to children and young adults. According to Vail Associates survey data, over 25% of summer visitors'are accompanied by children and 400 of all winter guests are under 30 years old. Given these trends, the Task Force feels strongly that the pool has a great potential to be an attraction for the winter as well as summer guest. 7. IS THE POOL FACILITY IN COMPETITION WITH THE CONGRESS HALL? This question has been raised several times and seems to indicate that people feel that either they will have the Congress Hall or the Swimming Facility. The Task Force feels that both projects have their specific merits and that the question should not be looked at as an either/or issue. We would recommend that both projects be encouraged to research private funding options to minimize public funding as much as possible. The Task Force has already taken on this responsibility by doing some preliminary research in respect to private sector participation in the project. 8 8. SHOULD THE SWIMMING POOL COMPLEX BE COMBINED WITH AN OVERALL RECREATION CENTER? The Task Force discussed this issue and decided that a full blown recreation complex may become too competitive with existing athletic clubs in the valley. There is the potential that the swimming pool complex could have some general recreation facilities associated with it such as an aerobic and weight room area, and indoor basketball court and a multi-purpose room. However, at this time, the Task Force has tried to focus on the issue of a pool and not dilute the focus of the study. The Town Council has also requested that the Community Development Department staff review the Eagle County Recreation Survey results to determine if there are some critical needs for recreation center type uses which could be incorporated into the recreation facility. CONCLUSION The next steps for the project would be to: 1. Hear from the Council as to their position on the project and level of support for the proposal. 2. Hear from the VMRD as to their position on the project and level of support for the proposal. 3. Address any further questions concerning the location of the pool facility. 4. Refine the design and programming for the facility. 5. Determine appropriate funding methods. 6. Secure funding. 7. Organize an architectural competition for the pool building. The Task Force is very interested and enthusiastic about continuing with the project and has recommended the steps above to bring us closer to the completion of the project. The Task Force would like to thank the Vail Town Council and Vail Town Manager for funding and supporting this research. Thanks are also given to the Vail Metropolitan Recreation District for funding a portion of the travel costs which gave the Task Force and consultant the opportunity to visit several pool facilities around the country. In addition, thanks are owed to Vail Associates for incorporating swimming pool issues in their ongoing guest surveying efforts and for providing information throughout this study. 9 ~ ~ FEASIBILITY STUDY: ~ THE YAIL AQUATIC CENTER ~ ~s ~ ~ ~ ~ ~ - - Prepared for - ~ ~ Town of Vail and The Vail Swimming Pool Task Force ~ ~ t_. L - Prepared by - ~ Ford C. Frick, Stephen A. Strauss and Elizabeth A. Fischer - Browne, Bortz & Coddington, Inc. 155 South Madison Street, Suite 230 ; Denver, Colorado 80209 And ¢ ~ Barker • Rinker • Seacat & Partners, Architects, P.C. - 2546 15th Street Denver, Colorado 80211 F i April 1987 ~ ~ ' TABLE OF CONTENTS y-33 B ~t 3 Paqe -r Introduction iv ; ~ ' Summary and Conclusions vi SECTION I. VAIL AQUATIC CENTER 1 Facility Design 1 z Site Considerations 3 ~ ~ z SECTION II. ANALYTICAL APPROACH 7 ~ Economic/Demographic Element 7 ~ Market Identification and Size Assumptions 10 _ Market Capture Assumptions 12 ~ Revenue Assumptions 13 ~ _ Operating Costs 14 SECTION III. MARKET CAPTURE CONSIDERATIONS 17 ~ - Whistler Springs Experience 17 Steamboat Springs lg ~ City of Westminster 19 Existing Vail Aquatic Opportunities 19 Other Facilities and Areas Z1 I Survey Data 22 Market Trends 23 Other Feasibility Studies 24 I SECTION IV. FINANCIAL FEASIBILITY 26 Economic/Demographic Assumptions 26 I Market Capture Assumptions 26 User Fees 29 Useage Forecasts 30 ~ Annual Revenues 30 Operating Costs . 30 Project Feasibility 30 ~ Limitations 31 3 ~ t ~ f 1 . 'I 1 ~ ~ INTRODUCTION ' ~ This study presents the results of Browne, Bort2 & Coddington's ~ (BBC) investigations into the market prospects and financial feasibility of a multipurpose aquatic center in Vail, Colorado. BBC was assisted in this effort by Barker • Rinker • Seacat & Partners (BRS). The project was ~ conducted for the Town of Vail Swimming Pool Task Force under direction of the Town of Vail Community Development Department. ~ Background 3 In February 1986, the Vail Town Council appointed a Town Swimming ; Pool Task Force to study the issue of building a municipal swimming pool in ~ Vail. A first phase report was forthcoming in August of 1986. The Task Force concluded that a swimming pool was a valuable and desired community asset. In particular, the Task Force recommended a multipool concept that would provide ~ indoor and outdoor aquatic experience for training, competition, leisure and ' recreation uses. Emphasis was placed on designing a facility that could serve local residents and visitors. A second phase was commissioned, during which ~ this report was prepared, to investigate the financial feasibility of the ~ aquatic center, the level of community support for such a concept and the experience of other communities in developing recreational pools. ~ ~ Report Objectives I In December of 1986, the project team of BBC and BRS was selected to complete a feasibility study of the proposed Vail Aquatic Center. The purposes of this study were threefold: ( • Provide further guidance in the pool development concept. I • Analyze and document prospective market acceptance of a recreational pool in Vail, Colorado. ~ • Further refine capital and operating cost estimates. This report summarizes the consultants efforts. In addition, the Task Force has completed a number of site visits to facilities elsewhere in the United ~ States and conducted a variety of separate evaluations of their own. ~ Report Organization ~ The following report is divided into four sections. Section I pro- - vides an overview of the proposed facility including a schematic drawing at 3 the Gerald R. Ford Park site. Section II documents the analytical approach , used in conducting this analysis including a discussion of the BBC financial - feasibility model. Section III provides a discussion of the various consider- ations underlying estimates of potential market capture. This section sum- ; marizes the experience of similar operations and the knowledge gained through _ interviews with facility operators and owners. Finally, Section IV presents the financial pro forma and determinations of financial feasibility. iv _ Acknowledqments This project was under the direction of Ford C. Frick from Browne, Bortz & Coddington. Facility design and cost estimates were provided by Mr. Ron Rinker from Barker . Rinker • Seacat, Architects. The consultant team's work on this effort was overseen by the Town of Vail staff, particularly Mr. Pat Dodson, Director, Town of Vail Recreation Department, and Ms. Kristan - Pritz, Town of Vail Community Development Department. The Swimming Pool Task Force included Mr. Steve Barwick, Mr. George _ Knox, Ms. Lizette Lamb, Mr. Dwayne Piper, Mr. Gordon Pierce and Councilman John Slevin. Task Force direction was provided by Mr. Timothy R. Garton. All of their efforts, which were provided above and beyond their own personal and business responsibilities, are very much appreciated. Additionally, thanks are owed to Vail Associates for incorporating swimming pool issues in their ongoing guest surveying efforts and for provid- ing information throughout this study. Acknowledgement is also due Mr. Ron : Phillips, the Vail Town Manager, and Vail Town Council for funding and sup- porting this research. - Thanks are also given to the Vail Metropolitan Recreation District for ~ funding a portion of the travel costs which gave the Task Force and consultant the opportunity to visit several pool facilities around the country. ~ t ~ ~ ~ ~ i ~ 1 ~ F f t S t V ~ SUMMARY AND CONCLUSIONS ~ This section summarizes the resu1 ts of Browne, Bortz & Coddington's investigations into the feasibility of a recreation/leisure aquatic center in ~ Vail, Colorado. Background ~ In the spring of 1987, Browne, Bortz & Coddington in association with Barker • Rinker • Seacat, Architects, conducted a feasibility study of a ~ proposed aquatic center to be located at Gerald R. Ford Park in Vail, Colorado. This project was directed by of the Town of Vail Community Develop- ment Department and completed in conjunction with the Town of Vail Swimming ?ool Task Force. ~ Vail Aquatic Center Concept The proposed facility is a comprehensive multipurpose aquatic center _ that offers the greatest number of activities for the greatest number of people possible. It is the intention of the Task Force to create a unique, ~ high quality, tourist oriented facility that offers enhanced recreation alter- 4 natives for Vail area guests and provides local residents with an opportunity ~ for recreation, instruction and training uses. ~ The facility's size and amenities were chosen after extensive inter- J' views with other facility operators and recreation complex managers across the country. The center will provide for water safety instruction, fitness swim- ~ ming, competitive swimming, diving, water polo, synchronized swimming, water ~ therapy, recreational play and many other uses. With an amusement pool as the focal point of the center, the aquatic facility becomes a major visitor ~ attraction that spans all seasons. As presently conceived, the aquatic center contains four key elements: • Amusement pool which includes several pools on multiple ~ levels with a variety of slides, waterfalls, fountains, _ sprays, bubblers and other entertainments. ~ • Su ort s ace which would include dressing/shower rooms, ounges, offices, storage, pro shops, food ser- ` vice, mechanical equipment and other support functions. ~ • Indoor multiuse pool, a 25 meter by 25 yard pool - designed for multipurpose uses including diving, instruction, lap swimming, kayak instruction, scuba ~ instruction, physical therapy and water games. ~ • Outdoor recreation ool, an outdoor 50 meter by 25 yard ; poo suitab e for training, competition and instruction : as well as fitness and recreation uses during mild ° weather. ; - vi ~ ~ ~ ~ Total construction costs, adjacent site development notwithstanding, ~ approach $6.5 million. Cost components include: ~ Category Price ~ Amusement Pool $ 652,000 ~ (Enclosure) Support Space 2~400,000 900,000 - Indoor Multipurpose Pool 261,000 ~ ~ (Enclosure) 1,210,000 Outdoor Recreation Pool 590,000 Architectural Engineering Fees 400,000 ~ Furnishings 50,000 ~ Total $6,463,450 ~ Additional costs not included in the above include landscaping and slte development. ~ Malytica] Approach In conducting this analysis, the consultant team developed a compu- ~ terized forecasting model that integrates Vail economic demographic trends, market acceptance expectations and cost/revenue assumptions to produce fore- casts of net revenues associated with the Vail Aquatic Facility operations. ~ In this process, project revenue forecasts, and thus estimates of project ~ feasibility, are derived under a vari.ety of alternative assumptions regarding - prospective community development, possible entrance fees and charges, and alternative utilization rates. ~ ~ Dperatinq Costs Operating costs have been calculated based on project design and the experience of other facilities. The following costs are anticipated: ~ _Category Cost Management/operations $ 425,000 Promotion/advertising 45,000 Utilities (water, electricity, HVAC) 280,000 ~ Supplies 45,000 Insurance 50,000 ~ Miscellaneous 20,000 Total $ 865,000 ~ The relatively high operating costs reflect the problems inherent in operating I a warm, humid facility in a dry, cold climate, and the extensive staffing requirements for a full year's operation from 7 a.m, to 10 p.m, each day. ~ Discussions with recreation facility operators elsewhere around the country ; indicate that the above operating costs are in line with the experience of - other facilities. ~ # t ~ vii ~ ~ Market Capture Considerations ~ Estimates of market acceptance of the proposed aquatic facility are ; derived principally from the experience of similar operations, a review of y~ other aquatic feasibility studies, interviews with facility operators and owners and the best judgement of the consultant team and knowledgeable local a business persons. The most reliable indicators of possible market reaction i are derived from the experience of Whistler Springs, an aquatic center at A Whistler Mountain in British Columbia, the Steamboat Springs Recreation Center, and survey results from Vail Associates' annual visitor surveying ~ efforts. ~ Duplication of the visitor capture ratios achieved at Whistler Springs, in proportion to the Vail market, would result in over 120,000 annual visitor days at the Aquatic Center by overnight guests. During summer and winter, 25 to 30 percent of overnight guests are expected to use the facility at least once during their stay. These expectations are below equivalent = response rates given on Vail Associates' surveys. Approximately 700 upper Eagle Valley residents are expected to ~ become center members at $175 per year; a membership rate below that achieved ~ in Steamboat Springs. The facility will also provide the opportunity for all school children in Eagle County to learn to swim. Although not a signficant 7 i source of revenue, the School District has indicated a willingness to ensure $ that such an opportunity is made available to all students. ~ Operational Financial FeasibilitY ~ If operated under present market conditions, and with competitive entrance fees, annual aquatic center attendance levels are expected to exceed 170,000 visitor-days plus use by school children. Total revenues would exceed ~ $1.05 million annually while operating costs are expected to reach $865,000. Net revenues, after a reasonable start-up period and marketing effort, are projected to exceed $210,000 per year. ~ Sensitivity analysis indicates that the reatest risk lie i g s n the rnarket response of overnight guests particularly winter guests. Operating ~ expenses could still be met if winter guest use was as much as 30 percent below expected levels. 8ecause the summer season is short, summer utilization is not as critical to revenue generation. Similarly, under the fee structures proposed, local residents in their entirety, represent less than 10 percent of ~ annual revenues. As a facility such as this, in a mountain resort environment, is ~ virtually unprecedented some uncertainty as to market acceptance is acknowl- L edged. ~ , ~ ~ ; viii IARKER-RINKER-SEACAT* & PARTN E RS -ARC H 1T ECTS • P.C ~ . SECTION 3- VAIL AQUATIC CENTER j The aquatic facility herein described is a compxehensive, multi-purpose aquatic center that offers the ~ greatest number of activities foz the greatest number of people possible. It will pzovide foz swimming and water safety instruction, fitness swimming, competitive swimming, diving, water polo, synchronized swimming, water therapy, recreational ~ olay and many other uses. With the amusement pool as the focal ooint of the Center, it also becomes a major visitor attraction -that spans all seasons. Designed as a quality facility, that is ~ responsive to its mountain setting and sloping site, it could be a major visual as well as functional asset to the community. The attached plan (Figure A) provides a diagramatic representation of the facility. The following describes the possible components of ~ the plan. FACILITY DESIGN ~ Amusement Pool ~ This indoor amusement area would include several pools ~ on multiple levels with a variety.of slides, watexfalls, fountain - sprays, bubblers and other entertainments. The topmost level would have a deep pool built into an aztificial rock cliff, with ~platform diving and a 7 foot 3zop slide. The next level would ~ have a 25 meter activity pool fox lap swimming, volleyball, basketball, and instruction. A 5 foot waterfall from the deep ~ pool into the activity pool creates a cave and view windows into ~ :.he upper pool. The lower level would contain a wave pool going into a sand beach and a junior pool with bubblers, mushroom ~ spray, tot's slide and instructional axea. Taking off from the upper rock cliff would be an enclosed serpentine water slide that winds down the hillside into a splash pool at the lowest level. A speed slide would also eject into this splash pool. Outdooz ~ hot soaking pools would ovezlook the creek below. A food service area on the mid-level would pxovide a view to all the water activity ar_eas. Steam and sauna rooms, trees and plantings, ~ bridges, rock wozk and furnishings will add to the festive environnent of this water playground. The size of the enclosure for the above described program would be approximately 24 - i 25,000 square feet. ~ Support Space ! This would include dressing/shower rooms, lounges, ~ offices, storage, pro shops, toilets, food preparation, mechanical equipment, and other_ support functions. i ~ ~ . ~ Frontage Road ~ _ ' , ~ • ~ ~ , . ~ .;}+4 • . ~ ~3,t~~t70Y _ , . , . SIlO . , e_: rk 5 C ur ~ ~ - ~ ~ .;1 i~ ` `1\` : - Al , • ~l ~ ~VI U`` \11 . . . . . . . . . . . . . . . . . • - 11 \I ~ l 1\~ ~ ~l l l ~ ~ . _ ~ ~I,4 ~ ~ 1` y~ `«I~~1< l < < ~ ~ ~ ~ ~ I III~ u . t' 4 l~ [ll II~ 1 l .t.t~ .1, Klr I I 1 I( : ' ~ ~ ~ ~ < 41~ ~ ~ ~ \ l I 1 ` ~ ~ I L I <<: ~ l \ 1 ~ ~ 1 ~ \ , ~ ~ , ` 1 << ~ .t l I . ~ I ~ 1 I l~ I 11 1 I ~ ~-},j ~ ~ 1 b l ~J ~IY \ ~ ~ ~ ~ ~ ~ ~ _ ~ ~ ~ ~ ~ ~ . ~ ~ ~ ~ ~ r ~ ~ ~ ~ I ~ ~ . ~ ~ ~ . . ~ ~ E < < . . ~ ~ ~ ` . ~ . . . q- ~ i ~ ~ \ ~r . . • . -i t~ ~ ` qp ~ :.1?•: ..t~ ~e~.~:::: .b`"•::~`~;i~i}~. ~~i.: ;":.}`i~.??i:>:i>::?:~::'i.>:G:;>.'~ s:~:.~J:;:~:`. \ ~ b...... ~ . . • ~ .................::.N ~ _ . ~ ~ •}::'::::~r :~:.::tir::::7'.::, . . . ~ ~ . .tl~... ' , .,1...~...:,1 1\ . ~ O • \ ' . <:t3>s>.<:;;;::>:s:<?<,::: , . . : ; < . . . ~ ~ ~ : ~ ~ \ ~ - ~ . ~ ~ ` . \ ` ` . • ` ,:;.::;:4i:.. • . 1 \ ~ l ~ ;;•::m;~; ~ ~ ~ ` Figure A , atic Building & Site Plan Nature Center North e 3 ~ ~ ~ Deep Pool This would be an indoor pool, 25 meters x 25 yards. A ~ 14 foot deep azea foz diving from one and three meter boards is provided. More shallow areas in the pool accommodate lap swimming, instruction, and water games. Bleacher and deck areas ~ surround the pool and it opens to an outside sun area that is -shared with the outdoor pool. ~ Outdoor Reczeation Pool ~ This would be an outdoor pool, 50 meters long x 25 ~ yards wide x 4 to 7 feet deep. It would be covered when not in ase and be utilized only during the wazmer months. It is a versatile pool that would be used for competitive training and meets, as well as for instructional, fitness and zecxeational ~ uses. Bulkheads can zone the pool into multi-use activities ~ occurring at the same time. SITE CONSIDERATIONS 3 As can be seen fx'om the diagramatic site plan, it is a tight fit to get all the program elements within the site 5 boundar_ies and restraints. In ozder to have tYie facility respond to the hillside ~ site in a compatible and sensitive way, the components were sited - as follows: 1. The outdoor recr.eation pool and the deep pool, being ~ large, flat ar.eas and more zigid in form, were placed on the uphill side wher.e the site is already impacted with othex graded, man-made featur_es, such as the zoad- ~ way, softball fields and parking lot. 2. The support space, by functional necessity, is located ~ in the center_ of the facility so that locker/shower rooms can have direct access to the three pool components. It is configuxed on 2 levels in response ~ to the site gzade and to separate locker/shower r_ooms fx-om public 7_ounge azeas. The uppez level_ pezmits - views into all three pool areas and to Gore Creek ~ and the mountains beyond. f ~ - 3. The Amusement Pool, because it is on multi levels and is moze organic in form, is placed on the south down- ~ hill side. It steps down the hill with large south ± glass areas opening to the mountain and Gore Czeek views. The sexpentine s]_ides can follow the slope of the hill and outdoor hot pools can xeceive the ~ sun and relate to the Creek and natural surroundings. i ~ 4 . ~ VAIL AQUATIC CENTER Construction Cost Model ~ Amusement Pool ~ 1. Activity pools at 6500 SF x$42 $273,000 2. Hot pools $ 70,000 3. Drop slide $ 12,000 4. Tot's slide $ 12,000 ~ 5. Speed slide $ 20,000 6. Serpentine slide $ 95,000 7. Slide watex supply pumps $ 20,000 8. Wave genexator $ 35,000 ~ 9. Water features (spxays, etc) $ 20,000 10. Rock work $ 80,000 11. Bridges $ 15,000 ~ 652,000 14. Enclosure - 24,000 SF x$100 $2,400,000 ~ $3,052,000 3 Support Space (Locker Rooms etc.) ~ I ~ 450 persons x 20SF = 9,000 SF x$100 $900,000 ~ Deep Pool ~ 25 meter x 25 yards with 14' deep area foz diving ~ (one 1-meter and one 3-meter boards) $261,450 Enclosure - 12,100 SF x$100 $ 1,210,000 $ 1,471,450 I Outdoor Recreation Pool I l. 50 meter x 75 ft. wide x 4-7 feet deep $520,000 2. Cover for outdoors pool 10,000 SF x $2 $ 20,000 ~ 3. Eazthwork and site development $ 50,000 ~ $590,000 ` Total Construction Cost $ 6,013,450 ~ i Architecture/Engineexing/Special ~ Consultant Fees $400,000 , Fur.nisYiings and prograra equipment $50,000 Total $ 6,463,450 ~ The above numners aze very general, based on conceptual plans and experience comparables, and are for budget purposes only. Adjacent site development costs are not included. ~ 5 VAIL AQUATIC CENTER Operating Costs ~ The following ballpar.k pool water and space gas and electric utility costs are for guidelines and compaxison purposes only. ~ Use $25/100,000 gals of water for each 24 nour ~ period for indoor pools. - Use $75/100,000 gals of water for_ each 24 houx ~ period foz outdoor pools. 3 Use $125/100,000 gals of watez for each 24 hour_ period fox outdoor hot pools. ~ ~ The approximate water capacity for the different types of pools ar_e as follows: ~ ~ Amusement Pools 290,000 Gals - Outdoor Recreation Pool 607,500 Gals ; Deep Pool 270,000 Gals - Hot Pools 24,000 Gals Active solar panels for heating the pool water could reduce ; heating costs as much as one half. With solaz tax credits now i gone, fewer solar companies exist and costs will rise, making the solar payback period much longer. ~ = Space HVAC utility costs would average $2 per square foot of = building per year. ~ Electxical utility costs would average 12 cents per squaze foot _ of building pex month or $144 per year. ~ 1. Water Heating Costs Amusement Pool ~ 290,000 gals/100,000 = 2.9 x~25 x 365 days = ` $26,465/year ~ Outdoor Recreation Pool ~ 607,500 gals/100,000 = 6.075 x$75 x 120 days = ~ $54,675/year Deep Pool 270,000 gals/100,000 = 2.7 x$25 x 365 days = a ~ i - $24,640/year ` ~ 5 f~ Hot Pool _ 36,000 gals/100,000 =.36 x$125 x 365 days.= ~ ~ $16,425 r Total $ 122,205/year ~ 2. Space Heating/Ventilating/Air Conditioning ~ 45,100 SF x 2.00 SF = ~ / $ 90,200/year 3. Electrical ~ ~ 45,100 SF x.12/SF x 12 = $ 64,945/yeax ~ , ~ ~ ~ } TOTAL $277,350/year ~ These costs do not reflect insurance, repairs, Y maintenance or supplies. ~ 3 L ~ I ~ ~ ~ t 3 r i : ~ f r } ~ 7 ~ SECTION II. ANALYTICAL APPROACH ~ 3 ~ In conducting this analysis, the consultants employed a computerized forecasting model that integrates Vail economic/demographic trends, market ~ acceptance expectations and cost/revenue,assumptions to produce forecasts of ~ net revenues associated with Vail Aquatic Facility operations. Through this process, project revenue forecasts, and thus estimates of project feasibility, ~ are derived under a variety of alternative assumptions regarding prospective ~ community development, possible facility fees and alternative utilization - rates. This section provides a description of the model and the various ~ assumptions underlying revenue forecasts. A diagramatic summary of the Vail Aquatic model is presented as Figure 1. Further detail on each model compo- ; nent is provided below. ~ ~ Economic/Demographic Element _4 The economic/demographic component quantifies the economic relation- - ships that define Vail Valley visitation levels in both winter and summer months. The key assumptions in this process are documented in Table II-1 and 3 described below. These ratios and related quantifications have been reviewed = with the Town Planning Department Staff, the Swimming Pool Task Force, the Town Sudget Officer, representatives of Vail Associates and other knowledge- ~ able members of the Vail community. Skier visits. Annual skier visits are assumed to be 1.35 million ; visits on Vail Mountain. Skier visits at Vail Mountain drive the economic and ~ visitor growth elements within the model. Beaver Creek skiers are not con- sidered part of the primary market. 1 Skier distributions. Based on surveys conducted by Vail Associates (VA) and discussions with VA representatives, skier distributions by type are assigned as follows: ~ o Destination skiers--68 percent. • Day skiers (nonlocal)--17 percent. ~ • Local skiers--15 percent. These distributions are in keeping with past and present performance at Vail Mountain. 3 ~ ~ Nonskier guests factor. Skier visits drive the economic element of this model. Surveys conducted for VA indicate that on an average day during ~ ski season, 25-30 percent of visitors are not skiing. The nonskier guest A factor applies this ratio to generate data on total guests with skiers and nonskiers. < < ; Surtmer/winter ratio. Based on discussions with hotel operators, - retailers and knowledgeable local residents, as well as occupancy data pro- vided by the Uail Resort Association, a.35 summer to winter overnight visitor < E z 3 ~ FIGURE 10 VAIL AQUATIC FEASIBILITY MODEL ~ ~ ~ FCONOtiI/C WINTER SUMMER RESIDENTS ~ BASF.• VISITATION VISITATION ~ ~ ~ • OVERNIGHT/DAY VISITOR SPLIT ,UARKFT * NON SKIER GIJEST FACTOR `:Hi1RACTER • RESIDENCE LOCATIONS ASSUWPT/ONS: • LENGTH OF SEASON ~ • LENGTH OF STAY 3 * GROWTH RATES ~ 3 WINTER SUMMER RESIDENTS s SUBLlARKFTS: • OVERNIGHT • OVERNIGHT + SWIMMERS ~ VISITORS VISITORS * RECREATIONIST * DAY SKIERS * DAY VISITORS s STUDENTS ~ ~ UTlL1ZAT/ON CAPTURE RATES SSULlPTlOAIS: ~ ~ ANNUAL VISITORS ~ t_ r PROJFCT : SOURCES OF I NCOME ~ RFVENUE * FEES AND CHARGES - ASSUMPT/ONS: • LENGTH OF SEASON ? • ANNUAL REVENUES ~ ! FINANCIAL t - PRO FORM.4: OPERATING COSTS ? ' NET REVENUES , . ~ . g ; TABLE II-1. VAIL VALLEY ECONOMIC/DEMOGRAPHIC ASSUMPTIONS ~ ~ Category Value 1986-87 annual skier visits (Vail Mountain) 1,350,000 ~ Nonskier guests (dest.) factor 1.25 Distribution of skier visits ~ percent destination 0.68 percent day (nonlocal) 0.17 percent local 0.15 ~ Summer/winter overnight visitor ratio 0.35 Day/night summer visitor ratio 0.36 Average length of stay (winter) (days) 5.5 ~ Average length of stay (summer) (days) 3.5 Local market population (Edwards through East Vail) 11,500 :y j Growth rate (annual percentage) 2.5% 3 Season length (days) ; Summer gp ~ Winter 140 , Source: BBC ~ ~ a ~ ~ ~ ~ ~ 5 3 ~ L i f ; ~ y 10 ~ ratio is applied. This ratio reflects an assumption that on an average day ~ during the summer season, overnight visitation is approximately 35 percent of overnight visitation during an average day during ski season. ; Length of stay. Length of stay data are from Vail Associates winter and summer surveying efforts. Based on these data and discussions with VA officials, the average length of stay for winter overnight guests is estimated ~ to be 5.5 days. The average length of stay for overnight guests during the summer is 3.5 days. Day/night/surtmer ratio. Interviews with summer visitors indicate ~ that 36 percent of all visitors in Vail during the summer are day only visi- tors with overnight accommodations outside of the Vail Valley. Stated another way, approximately one-third of guests in the summertime will not be spending ~ the night locally in association with their visit. Local population. Recent population estimates provided by the Town of Vail Planning Department for Eagle County and Town of Vail indicate that = the county contains 17,000 persons, approximately 11,500 of whom reside in the Vail Valley, an area stretching from Edwards through East Vail. , ~ : 6rowth rates. A growth rate factor is applied that determines the percent change in both annual skier visits and summer activity over the fore- ~ cast period. In most scenarios, a growth assumption of 2.5 percent a year is ~ applied, which is in keeping with assumptions used by Vail Associates in their internal forecasting and facilities planning. ~ The above economic/demographi.c relationships are used to quantify - present levels of activity and likely growth in the eight identified submar- kets of winter and summer guests and local residents. Length of season. The Vail ski season is expected to run from Thanksgiving to mid April or approximately 140 days. The peak summer period ~ is assumed to run from mid-June to mid-September or approximately 90 days. Virtually all guest utilization of the aquatic facility will occur during these limited winter or summer visitation periods. The proposed aquatic center is assumed to maintain full operations 336 days a year, while reducing i operations temporarily during shoulder seasons for repair and maintenance. L Market Identification and Size Assumptions ~ The second element of the Vail aquatic feasibility model derives estimates of market size in each of eight submarkets within the winter/summer ~ guest and local resident categories provide a basis for determining annual ~ visitation at the proposed facility. Values for the various submarkets are - summarized in Table II-2. { Winter destination visitors-days. Winter destination visitor-days _ are the number of overnight visitor-days (skiers and nonskiers) occurring in the Eagle Ualley over the course of ski season. Quantification is achieved ; through a relationship between skier visits, percentage destination skiers, nonskier guest ratios, and length of ski season. Total visitor-days divided ' by the length of season provides the number of overnight visitors in the area - on an average day during ski season. During the 1986-87 season, approximately ~ 11 ~ , ~ TABLE II-2. VAIL AQUATIC CENTER MARKET 3 ~ CAPTURE ASSUMPTIONS ~ Category Value ~ " Winter destination visitor-days* • Season 1,147,440 ~ o Average day 8,196 Winter guests** ~ • Season 208,625 • Average day 1,490 Day skiers (average day) 1,639 ~ Summer destination visitor-days* ~ • Season 260,640 • Average day 2,896 ~ Summer guests** ~ • Season 73,800 o Average day 820 ~ Local resident market (persons) 11,500 ~ ` Students 2,200 *Destination visitor-days equates to the number of overnight visitor-days occurring during the summer and winter seasons. s **Guests refers to the number of individuals staying overnight in the Vail area during the summer and winter seasons. The average length of stay defines the relationship between visitor days and guests. aL Source: BBC. ~ ~ L ~ l ~ , 1 , ~ ~ i s ~ ~ 12 1 . ~ 9,600 temporary visitors lodged in the Vail Valley on an average day during ~ ski season. . . Winter guests. Winter guests refers to the number of individuals staying in the Vail area. The average length of stay determines the relation- ~ ship between visitor-days and guests. At present, the Vail area supports ~ approximately 1.15 million visitor-days over the course of a ski season. The average overnight winter visitor spends 5.5 days in Vail; thus, 208,625 over- ; night guests (1,147,440 j 5.5) are drawn to the area during ski season. The j distinction between total visitor-days and guests is made in order to apply accurate market capture data from a variety of independent sources. ~ Day skiers. Day skiers are nonresident skiers spending a day in Vail in association with skiing but not residing overnight. Most day skiers are from the Denver area or Summit County. These figures do not include Eagle ~ County residents. ~ Sumner destination visitor-days. Summer destination visitor-days - are the summer equivalent of winter visitor-days. The summer season lasts 90 ~ days and average day overnight visitation is roughly one-third the level of an - average day during ski season. ~ Summer guests. This term is the summer equivalent of winter guests. It represents the number of individuals visiting Vail and thus equates to destination visitor days divided by average length of stay (3.5 days in summer ~ time). ~ Local market. The local market includes residential populations ~ between Avon and Vail or approximately 11,500 persons. The local market is defined by three submarkets: o Local swimners. This term refers to frequent facility I users who are likely to purchase a season pass. • Local recreation. This category includes local resi- dents who would be occasional users of the facility. Typical local recreation use would be summertime relax- ation. ~ • Students. The student population includes all students - in the Eagle County school district. ~ Out of market factor. This factor accounts for participation by ~ persons not otherwise accounted for in the above categories. This would likely include residents from Lake, Summit and Western Eagle Counties, pass ; through traffic on I-70 and Beaver Creek destination visitors. Also guest use : in the shoulder seasons would be included in the factor. An "out-of-market" - fact (10 percent of other identified guest usage) is applied to account for use stemming from the above group of smaller markets. 1 ; - Market Capture Assumptions : The capture rate for each of the above guest and resident _ categories, or the percentage of the above markets likely to use the facility, -4, , ~ 13 ~ ~ represents the principal issue in determining project feasibility. As such, ~ the following Section III is devoted to a discussion of capture rates, market issues and the experience of other facilities. ~ Revenue Assumptions Once annual visitation is projected, project revenues are determined ~ by applying expected fees and charges as well as ancillary revenues such as restaurant and shop lease returns, locker rentals, etc. Revenue assumptions are as follows. - ~ User fees. Based on the experience of similar facilities in Steam- boat Springs, Glenwood Springs and Whistler Mountain, average revenues per ~ nonresident visitor are assumed to be $7.50/day/guest (entrance fee). This rate incorporates an assumption that children under six will be discounted heavily; children and teenagers will pay roughly $7.00 per visit; and adults ~ will pay $9.00 per visit. These fees are below those charged by Whistler ~ Springs for a facility with fewer services than expected in Vail. Based on Swimming Pool Task Force direction, it is assumed that ~ Eagle County residents may purchase a seasons pass for use of facility year - round. Pass costs are $175 per year per passholder, which is below that applied in Steamboat Springs. Further, it is assumed that local residents ~ would pay a discounted charge on recreational use of the facility (for nonpass ; holders) assumed to $4.00 per day. Based on discussions with the school dis- trict, student use is assumed to generate $1.00 per day per student. ~ Ancillary services. In addition to user fees, the facility owner or ~ operator may receive revenues from at least four other categories. These are: ~ • Restaurant lease. Two restaurants are assumed return- ~ ing a total of 25,000 in lease fees and 7.OQ per visi- tor in return on gross. This is in keeping with the ~ experience of the Vail Golf Course. ~ ~ • Rental/clothing. A clothing retail and rental shop ~ lease is expected to return $5,000 flat fee plus lOd per visitor in gross revenue charges. ~ • Locker rental. No locker rental fees are forecasted in ~these projections. Lockers are assumed to be paid for ~ in entrance fee. ~ • Lessons. The majority of charges for lessons will go , to the instructor with the facility collecting only ~ modest receipts of approximately 5¢ per visitor. ; Other concessions are a possibility within the aquatic facility and - represent potential revenue sources. For instance, its proximity to the ball fields, bike paths and amphitheatre could allow an entire sports rental outlet s with mountain bikes, sporting gear, fishing gear, etc. In this manner, the _ facility would become a summer recreation hub for the entire Uail Valley. It is also a possibility that the differential fees would be charged for restricted use of the facilit. y i ~ 14 1 . Operating Costs ~ Operating costs have been estimated based on the project design and ~ the experience of other facilities. These are set forth in Table II-3. Man- ~ power estimates are provided in Table II-4. The greatest costs are for utili- ties, which includes heat for the 30,000 square foot indoor facility, and labor. ~ Operating costs have been estimated by Barker, Rinker, Seacat Archi- tects, Browne, Bortz & Coddington and the Town of Vail Recreation Department ~ based on a review of likely staffing needs, local labor costs and expected energy and water consumption. ~ A 336 day season (full operation) is expected with operating hours from 7:00 a.m. to 10:00 p.m. Partial closure for maintenance is expected twice a year. Peak period demand, typically 3:00 to 7:00 p.m. during the winter and 10:00 to 5:00 during the summer, and the 100 plus hour week will ~ require complex schedule and management. Labor costs estimates (Table II-4) reflect these considerations as well as wage levels appropriate for the Vail Area. Final determinations as to programs, services and hours of operations ~ will affect operating cost levels. Insurance costs estimates are also uncer- ~ tain until actual bids are received. Discussions with recreation facility operators in Denver, Steamboat 3 Springs, Whistler Mountain and elsewhere across the country lead us to believe that the $865,000 per year operating figure allows for a high level of ser- vice, a lengthy period of operation and the necessary staff support for safety ; and supervision requirements. Most operating costs are fixed costs, rela- tively unaffected by level of utilization. As a result, net operating reve- nues increase significantly as participation increases. 3 ~ ~ ~ 3 i ~ ~ 3 3 ~ ~ ~ ~ ~ ~ ~ 15 ~ TABLE II-3. VAIL AQUATIC OPERATING COSTS ~ Category Annual Costs Management/Operations $425,000 ~ ; ~ Promotion/Advertising 45,000 Utilities (Water, Electricity, HVAC) 280,000 3 ~ ~ Supplies 45,000 ~ Insurance 50,000 :j Miscellaneous 20,000 ' Total $865,000 ~ Source: 86C, 1-087 with BRS Architects and the Town of Vail. ; ~ ~ ~ . ? ~ ~ I i I i ~ 16 TABLE II-4. VAIL AQUATIC STAFFING REQUIREMENTS s ~ Full Time 3 Annual Equivalent Total Position Salary Positions Costs g Administration ; a Manager $32,000 1.0 ~ Assistant Manager 27,000 1.0 Subtotal $ 59,000 ~ Maintenance ~ Operations Supervisor $25,000 1.0 Janitorial 15,000 1.0 ~ Grounds 15,000 .5 ~ Night Contract Labor 40,000 Subtotal $ 87,500 ~ ~ a Safety ~ Guard Supervisor $20,000 1.0 ~ Lifeguards 18,000 8.0 ~ Instructors* Subtotal $164,000 Operations ~ Front Desk/Towels $14,000 2.5 Cashier 14,000 2.5 Locker Room Attendants 14,000 2.0 Security 16,000 1.0 f Subtotal $114,000 Grand Total $424,500 *Instructors are assumed to cover their over costs through fees for services. ~ Source: BBC, 1987; salary levels from Town of Vail Recreation Department. ~ ~ ~ , ~ ; ~ f r 17 ~ ~ SECTION III. MARKET CAPTURE CONSIDERATIONS ~ ~ Estimates of market acceptance of the proposed aquatic facility are ~ derived principally from the experience of similar operations, a review of other aquatic feasibility studies, interviews with facility operators and - owners, and the best judgement of the consultant team and knowledgeable local T_ business persons. Certain of these conclusions are discussed below. ~ Whistler Springs Experience Whistler Springs is a recreation spa located at the base of Whistler Mountain. The Whistler Mountain/Blackcomb resort complex supports about 750,000 skier visits annually. Whistler/Blackcomb is approximately 80 miles outside of Vancouver and exhibits a day/des;tination skier mix much like Vail's ~ mix. The Springs is a recreation complex consisting of two 470 foot slides, three outdoor heated pools, tanning room, grill and locker rooms. There are no traditional swimming facilities. The following are relevant Springs ~ characteristics determined through interviews with the owner and manager of ~ the Springs complex: # • Whistler Springs attracts approximately 70,000 annual visitors in a market roughly half the size of Vail's. ; • The facility averages over 250 visitors a day (over a ~ 275 day season) at $10 per adult; a peak day will have ' 500 to 600 visitors. ~ • The facility is particularly active when skiing condi- _ tions are poor (rain is common at Whistler Mountain). • Summer business is strong; perhaps 30 percent of their ~ annual market (pools are outside). F ~ • Several hotels and condominiums have pools in town. It is the gathering place, entertainment and slide aspect that creates business. ] • Only 10-15 percent of their business is from local ~ residents. Entry costs are quite high. ~ Interviews were conducted with the owner and manager of the Whistler Springs complex. Given a description of Vail's concept and existing desti- - nation market, the owner offered the following observations: ~ • Recreation/amusement services were the key to attract- ing guests; outdoor pools or tubs were essential. j o Operations are targeted to visitors--"we are not all _ things to all people." Pool hours are limited; always five people on duty. s 18 . • Parking (or access), marketing and local acceptance - were important attributes of success. ~ • A private operator would not include the traditional ~ recreational elements proposed in Vail, which are per- ceived as capital intensive and expensive to operate. ; The Whistler Springs owner indicated the proposed Vail facility may s be overally complex, emphasizing his view that operating hours and costs must be tightly controlled. i Steamboat Springs ~ The Steamboat Springs Recreation Center is operated by the Steamboat : Health and Recreation Association, a not-for-profit organization. The facility includes tennis courts, an indoor lap swimming pool (25 yards), , lockers and a 350 foot long water slide into a large outdoor pool. The water slide and heated pool are outdoors. The facility is in downtown Steamboat = Springs approximately four miles from the mountain. Although improved in recent years, the facility is of older construction and in a secondary - location. It does not present the image anticipated for the Vail project. The Steambvat facility has 1,100 individual members with a rather ; complex pricing system averaging around $200 per membership. Routt County has a population of 14,500 persons and Steamboat Springs has a population of 5,500 persons. s Although detailed visitor counts are not available, the manager of ~ the facility believes they service well over 50,000 visitors a year. The facility's manager had the following observations about aquatic entertainment ~ facilities in the mountains: • The slides are the key to success--"the only way to get ~ visitors out of their condominiums." • Steamboat facility more than covers operating costs ($500,000/year) and will reach capacity on many days ! during the winter and summer. • Peak days will draw over 500 tourists. ~ • Manager suggests that amusement facilities should be operated only for a brief period during the day as ~ operating costs are high and visitors will change their # schedule to accommodate the facility's schedule. • Steamboat's limitation is in large part with the ~ appearance and capacity of its facility. "Tourists _ would respond better to a more natural environment." ; 9 There has been tremendous growth in the number of seri- ous local swimmers; 30 or more a day will use the - facility for lap swimming; triathalon training if very popular. ~ j~ 19 • Staffing needs vary but during peak period at least ~ five persons are operating the facility. Y- The Steamboat facility operator reinforced the general attractive- ; ness of this type of facility in a winter ski resort. With better location - and a better facility she felt considerable increase in attendance could be achieved even within the limited size of Steamboat's market. ; 3 y~ City of Westminster The City of Westminster recently opened a major recreation center ~ with a connected three pool aquatic facility. The aquatic center includes one small slide (approximately 60 feet), a rope swing, a children's pool, water falls and a variety of sprays and water games. The larger facility includes a ~i full recreation center, arts and crafts, restaurant and locker rooms. The 3 project cost approximately $7.5 million and began operations in November 1986. The pool draws from a broad northwest Denver Metropolitan Area residential ~ base and therefore comparability to Vail is limited. Related observations ~ from the pool manager are as follows: ~ • The pool's popularity is far beyond initial expecta- ~ tions. • The recreation element of the facility is the principal draw. The center's quality, unusual in a municipal facility, is also a factor in its success. ~ • In the first month of operation the entire recreation ~ facility accommodated over 45,000 visitors; second month resulted in over 60,000 visitors. ~ • Operating costs of the aquatic facility are approxi- mately $550,000; the city expects to recover operating costs through utilization fees during the first year of ~ operation. Existing Vail Aquatic Opportunities L In order to better gauge the interest in swimmin and rel 9 ated aquatic usage within the Vail community, interviews were conducted with ~ private facility operators, lodge owners, resort association personnel and others knowledgeable about the Vail market. Public pools. Presently there are two public pools in Eagle County: ~ the Eagle-Vail Swim Club and the Eagle County Pool. The former is operated in ~ the summer by the Eagle-Vail Metropolitan District. The pool is open to the public for a daily fee of $1 to $2 for residents and $1.50 to $3.00 for non- ~ residents. In 1985, attendance was approximately 8,000 persons over a 90 day ; period. The pool's operating revenues do not cover related operating , expenses. a t The West Eagle County Metropolitan District maintains a 25 meter - recreational pool adjoining the Eagle Middle School in the Town of Eagle. The facility has been open for two seasons between Memorial Day and Labor Day. ; S ~ 20 . . ~ Attendance in 1986 reached nearly 7,000 visitors. Most utilization is by ~ western Eagle County residents. Operating revenues do not cover operating costs. ~ Private pools. In addition to public pools there are a wide variety of home owner clubs and private clubs providing swimming opportunities within the Vail area. The most notable of these are the Vail Racquet Club, the Vail ~ Athletic Club and the Cascade Club. These facilities also provide exercise equipment and related programs. ~ The most extensive indoor swimming facility in Vail is owned and managed by the Vail Racquet Club and incorporates a 25 meter four lane indoor lap pool, open year round, and a 25 meter five lane outdoor lap pool, open ~ from late May to early October. With a recent expansion, which included the indoor lap pool, the Racquet Club has emphasized swimming. A staff swimming pro conducts over a dozen lessons a week including the Masters Program that has approximately 40 active participants. ~ The Vail Racquet Club's membership is approximately 60 ercent local residents. Initiation fees are a minimum of $1,200 and monthly membership ~ dues are approximately $50. Since the opening of the new addition, the club 4 has added many new members and utilization of the indoor swimming continues to ' grow. Figures on usage are not available. ~ The Vail Athletic Club has a two lane 20 meter pool that receives - limited usage. Approximately 70 percent of the club's members are local resi- dents. Initiation fees range from $400 to $600 for residents with a$65 to ~ $100 a month dues. a L The newest of Vail's recreation facilities, the multipurpose Cascade ~ Club, opened in January 1987. The club presently does not provide lap swim- ~ ming facilities although such an addition is possible in the future. ~ Approximately 75 percent of Vail's lodging facilities have outdoor- indoor pools on premises. Numerous condominium complexes also feature swim- ming pools. Jacuzzis are even more common among Vail's accommodation offer- ings. ~ In most instances, hotel or condominium pools are relatively small and leisure oriented. Several hotels operate their outdoor pools year round ~ and experience modest afternoon/evening usage in the winter. Certain facili- ~ ties open their facilities to the public for a fee. Discussions with lodge owners indicate that lodging pools for the ; most part receive only modest usage. In the summer, many guests use the pool- 3 side for suntanning, but rarely for serious swimming. The 300 room Marriott's Mark resort is one of the few local hotels with an indoor and outdoor pool. According to the manager, the indoor pool is ~ not heavily utilized in either winter or summer. The 20 yard outdoor pool is ~ popular for suntanning and recreation in the summer months. The jacuzzi, ; sauna and exercise rooms receive the most use. i 21 ~ ~ The Lodge at Vail, with roughly 200 units, has another of the larger outdoor pools in Vail. The 20 meter four lane pool is reserved for guests use, which runs an estimated 20 to 30 people per day during the winter and - twice that number during the summer. Guests tend to use the pool recreation- ~ ally rather than for swimming workouts. In relating the current Vail aquatic experience to the proposed facility, the following are noteworthy considerations: ~ • A portion of Vail's permanent residents have access to ` pool facilities. The area's three private clubs have 3 roughly 1,000 local resident memberships. In addition, limited swimming opportunities are available through association with certain lodge or condominium com- ~ plexes. Finally, the Eagle-Vail Swim Club and the ' Eagle County Pool are open to all residents during the summer. ~ ~ • Athletic club operators note that interest in swimming is presently surpassed by other fitness programs. = Aerobics and weight training attract greater numbers of _ participants than the club's swimming facilities. Pools augment rather than form the focus of the stan- 3 dard athletic club. This in part may be explained by the limited availability of a first rate swim facility. • Programs for children are somewhat limited during the j nonsummer months. Several. operators offer lessons in _ the summer. There is little opportunity for the Eagle County School District to add swimming to its physical ~ education program with present facilities. • The Vail visitor market is well served with limited ~ swimming facilities. In most instances, these pools receive only modest use. In the summer, poolsides are popular for sunbathing. • Nationally, swimming is gaining followers as a result _ of increased emphasis on wellness. Swimmning is prov- ing a healthful low impact form of recreation and ~ offers advantages over the health risks associated with aerobics and running. • The experience of Steamboat would indicate that a ~ large, unserved market exists among local residents for year-round, low cost swimming as exercise facilities. Steamboat's pool has over 1,000 resident members from a ' town of 5,500 and a county of 15,000 residents. ~ ~ Other Facilities and Areas ; During the course of these investigations, site visits and inter- ~ views were completed at a wide range of facilities in the United States and Canada. The results of these investigations have been set forth in the Phase ~ 22 , . ~ 1 report and in various periodic reports by the Swimming Pool Task Force. Key ' conclusions related to market considerations are: ~ • Publicly operated traditional, indoor swimming pools, as a rule, do not generate sufficient revenues to cover " operating costs. There are few exceptions. • Vail's altitude and seasonal visitation trends probably - prohibit high level swimming competition. National level training usage is very likely. s • Nationwide, amusement oriented recreation facilities have enjoyed notable popularity and success. Survey Data ~ At the request of the Town of Vail, Vail Associates surveyed skiers ~ during the 1986-87 ski season to gauge the level of interest in the proposed aquatic facility. As indicated below, visitor interest was quite high. ~ Q1. Would you use a year-round swimming complex j facility if it were available? ~ Local Day Destination ; Response Residents Skiers Skiers ~ Yes 75% 28% 34% No 17 64 56 ~ Uncertain 8 8 10 z Total 100.0% 100.0% 100.0% ~ ~ Sample = 384 respondents through February 1987 ~ Approximately 75 percent of residents, 28 percent of day skiers and 34 percent of destination skiers indicated a positive interest in a swimming complex. When queried as to potential use of such a complex, most respondents ~ (of those persons indicating an interest in the facility) noted an interested in recreational swimming and spa or jacuzzi use: ~ Q2. If yes, which activities would you expect to use the complex for? Day Destination Activity Resident Skiers Skiers Lap pool 67% 21% 43% ~ Recreational swim 50 74 55 ~ Water slide 20 21 24 - Jacuzzi 60 47 60 All others* 50 57 33 ! _ Note: Answers should be read as "percentage answering yes to use of these activities." *Lessons, diving, children's pool, spectator. ' Sample = 162 respondents , • ~ 23 ~ ? Residents have the highest interest in lap swimming. Visitors are more interested in recreational and spa use. ' In addition, skiers were asked how important such a facility would be to their decision to stay in Vail. Approximately 15 percent of destination skiers indicated that an aquatic facility would be important or very important _ in their decision to stay in Vail. Approximately 30 percent felt that such a - facility would be of minor importance and slightly over 50 percent saw such an amenity as having no importance. _ A.mong local residents, 44 percent believe such a facility would be an important local amenity. _ It is acknowledged that such survey data are of limited value in attempting to estimate capture rates; nevertheless, a reasonable level of interest by both destination skiers and residents in using an aquatic center _ is evidenced. Clearly, significant marketing efforts would be required to - translate such interest into attendance and to educate consumers as to the uniqueness of the proposed facility. Markei i r2nds _ A variety of general market trends within the Colorado resort : industry, and the Vail Resort in particular, will influence the aquatic center concepi. For instance, certain skier demographic trends are relevant con- siderations: - o An aging skier population which is more leisurely oriented. ; ; o An increasing tendency not to ski every day during a ski vacation. ~ o A stated desire (VA survey results) to see more and different tourist activities available within the Vail Valley. ~ o Growth of the family visitor market with children who would be attracted to an aquatic facility. ~ Nationwide, amusement pools and aquatic entertainment centers have been extremely successful. Numerous towns, private investors and special dis- tricts nave responded to this trend away from traditional swimming facilities. Similarly, the sport of swimming is gaining in popularity as a source of low - risk aerobic exercise. . Leisure facilities are principally attractive to children and young _ adults. According to Vail Associates' survey data over 25 percent of summer visitors are accompanied by children and 40 percent of all winter guests are under 30 years old. "The proposed facility meets the needs of various submarkets within the Vail area. Most notably, serious swimming or swimming-as-training use; .3 , • •3 24 ~ winter and summer recreation utilization; spa and relaxation markets, and ~ children and young adult entertainment market. ~ When queried as to their motivations for coming to Vail, most guests, particularly in the summer time indicate that it is the entire amenity package which attracts them to the Vail area. In the summer there is no ~ single service, amenity or attraction that is the focus of Vail activity; ~ rather, it is the overall ambience and mix of activities that draws Vail ~ guests. In this manner, the Vail Aquatic Center would further reinforce and expand the principal Vail market. It is acknowledged that certain Vail visitor characteristics are not entirely in accord with the proposed center: ~ • A large number of Vail winter visitors are beyond the age of 30 and are not accompanied by children. The recreation element of the Vail Aquatic Center is very ~ much oriented toward young adult participation. 9 • • Although survey results indicate that a large portion ~ of destination skiers have an interest in the aquatic ? facility (34 percent), there remains two-thirds of visitors who have no interest in the facility. 4 • The winter Vail guest market has "upscale" socio- ~ economic characteristics and perhaps a reluctance to . utilize "municipal" recreation facilities. 9 ' ~ • Guests are well served for general spa purposes (75 percent of lodges have pools) presenting some competi- ~ tion to the proposed facility. ~ ~ Finally, it is recognized that the Eagle-Vail pool serves approxi- ~ mately 9,000 visitors per year. It is also acknowledged that this pool's loCation, marketing and traditional use orientation limits the validity of - this comparison. Other Feasibility Studies Recently, both the Town of Avon and the City of Aspen have investi- ~ gated the feasibility of aquatic centers. The Avon analysis, completed in May _ of 1986, focused on a proposed indoor water park. The park would have a com- bination of pools and water slides. The first year attendance was projected ~ at 54,000 persons with park revenues exceeding $500,000 in the first year of ; operations. Development costs were estimated at $3.5 million excluding land, ` with 20 year debt financing at eight percent. ; The report concluded that the project would incur a net loss (after debt service) of nearly $500,000 in 1987 and not achieve profitability until 1994. In this instance, operating costs would be recovered within three years ~ of operations with positive operating revenues beyond operating costs by 1990. ~ The proposed Aspen project was a recreation complex and outdoor skating rink facility. This project, because of the broad recreational usage 3 25 ~ ~ and emphasis on outdoor skating rink, is of limited applicability to the Vail ~ proposal. The pool complex would have a traditional design and use as a rec- reation rather than amusement facility. A variety of operating scenarios were included in the analyses along with a variety of debt assumptions. The report made no single determination as to feasibility. # Although feasibility studies for recreational complexes in metro- ' politan areas have been reviewed, their applicability to the Vail situation is ~ very limited. ~ ~ ~ ~ F _ i i 4 l i E :i `s ~ i ~ ~ t ~ i5 1 { 3{ i ~ 26 SECTION IV. FINANCIAL FEASIBILITY ~ ~ Prior sections have rovided detail on the p proposed Aquatic Center design, analytical approach and market capture considerations. This section ~ represents the distillation of that information into a financial pro forma 3 representing the project's financial feasibility. ~ Economic/Demographic Assumptions As described in Section II, skier visits and resultant overnight guests visitation drive the economy in the Vail Valley. Critical assumptions ~ determining market size are: • skier visits of 1.35 million with 68 percent of visits ~ by destination skiers. • local population base (Edwards to East Vail) of 11,500 = persons. ~ • summer overnight visitation of approximately one-third ~ of that experienced during the winter months. ~ = Demographic projections are set forth in Table IV-1. Annual visitor growth is held to 2.5 percent per year. ~ Market Capture Assumptions ~ The principal tennent underlying these projections is that a quality center, with the location and facilities as proposed here, will be able to - duplicate the experience of Steamboat Springs and Whistler Mountain relative I to the size and demographic composition of the Vail Valley. Market capture rates implicit in this assumption are set forth in Table IV-2. Key issues are summarized below: ( • The Vail Aquatic Center will receive approximately ~ 120,000 visits by overnight guests, a capture rate that is in proportion to the levels achieved by a lesser facility at Whistler Springs. • On an aver d d age ay uring the winter, six percent of ~ destination visitors will utilize the facility. This is keeping with the Whistler Springs experience. ~ • At forecasted utilization rates, one-quarter of winter ~ overnight guests will have some exposure to the pro- ~ posed aquatic facility and one in five users will return at least once. This use is below the Vail sur- ; vey results and the experience of Whistler Springs. i ~ • Approximately four percent of day skiers will use the facility. Actual attendance will depend upon marketing , i . ~ ~ ~ i I ~w+..uwua ~rW;iW.ua ji.ytcWlx~W iwmniiwe, Gwwaw'j y:wu~ryryti, iM;uMU;ik:, wdaN~l6~r+ ttUai+Aww.~ ML'n~elrY*~ TABLE IV-1 ECON(IMIC/DEMOGRAPHIC PROJECTIUN5 SCENARIO: CUMPARABLf. PERFURMANCE DENUGRAPHICS: 1986-87 1987-88 1988-89 1989-90 1990-91 1991-92 1992-93 1993-94 1994-95 1995-96 bnnual skier visits 1,350,000 1,383,150 1,418,344 1,453,802 1,490,147 1,527,401 1,565,586 1,604,726 1,644,844 1,685,965 ' Skier visitors (average per day) 9,643 4,48-4 10,131 10,384 10,644 10,910 11,183 11,462 11,149 12,043 Dayskiers (average per day) 1,639 1,680 1,722 1,765 1,809 1,855 1,901 1,949 1,997 2,047 Destination visitors (average per day) 8,196 3,401 3,611 3,827 9,041 9,274 9,505 9,143 9,981 10,236 Wint.er guests (per year) 203,636 213,852 219,199 224,679 230,296 236,053 241,954 243,003 254,203 260,558 Destination suseer visitors (average per day) 2,969 2,940 3,014 3,089 3,167 3,246 3,327 3,410 3,495 3,583 Sumner guests (per year) 73,768 15,612 17,502 79,440 81,426 83,4E2 85,548 87,681 89,879 92,126 Suener day visitors (average per day) 1,033 1,059 1,035 1,112 1,140 1,160 1,199 1,223 1,259 1,290 Local earket population 11,500 11,788 12,082 12,384 12,694 13,011 13,336 13,670 14,012 14,362 Students 2,200 2,255 2,311 2,369 2,423 2,489 2,551 2,615 2,680 2,741 Broune, Bortt 6 Coddin9ton, Inc. N V ~ ~ . ~ 23 ~ TABLE IV-2 MARKET CAPiURE AND USER FEE ASSUMPTIUNS SCENARIU: CONPARABLE PERFURMANCE ~ ~ PENETRATION CAiE60RY RATES PERIOD ~ RATES_ ~ PURiIUN X iIMES ~ WINTER: Destination visitor-days 6.01 1.00 WINTER pR E7.50 ,'day/guest Winter guests (per visit) 26.4X 1.25 WINTER $7.50 /day/guest ~ Day skiers (per day) 4.01 1.00 bIIN1ER $1.50 /day/guest SUMNER: ~ Destination visitor-days 11.01 1.00 SUMMER ~ UR $7.50 /day/guest Sunimer Guests (per visit) 30.31 1.25 SUMMER Summer day visitors (per day) 4.01 t1•50 /day;guest ~ 1.00 SUMMER $1.50 /day/guest ~ LUCAL MARKET: ~ Local saimners 6.01 50.0 ALL YEAR Locat recreation (501 susier use) i115 /qear ~ 15.01 854.00 /day Students ALL YEAR 100.01 15.0 NUN SUMMER $1.00 /day ; uut-of-market factor lOt . ALL YEAR ~ $7.50 ; day/guesG ~ = OTHER REYENUE ASSUtiPTIUNS FLAT FEE + PER VISITOR ~ RESTAURANT LEASE E25,000 $0.01 RENTAL%CLUiHING $5,000 $0.01 LUCKERS $0.00 ~ LESSONS $0.05 ~ ~ Browne, Bortt S Coddington, Inc. : : t ; ~ F S ~ 29 . , ~ ~ efforts, parking location, congestion in the Eisenhower Tunnel etc. Four percent appears to be an achievable figure well below the level indicated by on-mountain ~ surveys. ~ ~ ~ • Approximately 30 percent of summer overnight guests are expected to use the facility at least once during their stay, which implies that on any given day during the ~ summer, 11 ' , percent of guests staying in town will use the facility. This is in keeping with demographic pro- ; file of summer guests (child oriented), absence of y other similar recreation opportunties, and survey results indicating a desire to see more alternative ~ activities during the summer time. ~ ~ ~ ~ o A small number (four percent-) of persons visiting Vail for a day during the summer will also frequent the ~ aquatic center. ~ • Approximately six percent of the local market popula- = tion is expected to subscribe to the facility ($175 per = year). This percentage is far below that achieved in Steamboat Springs with a much lesser facility. ~ ~ • Approximately 15 percent of the local resident market ~ will use the facility occasionally throughout the year without paying a subscription fee. This is in keeping ~ with the experience of Steamboat Springs. • Based on conversations with the Eagle Valley School q District, virtually all students will receive swim 9 training and water proofing at this facility. As reve- nues are very limited, student usage does not affect ~ financial feasibility. • An out-of-market factor of 10 percent is applied which assumes that 10 percent of attendance has not been ~ explained in the above factors. This would likely be persons drawn to Vail specifically for use of the facility, residents of Summit and surrounding counties, f persons staying at Beaver Creek and residents living in ! the western half of Eagle County are likely market groups. } ; User Fees A full description of user fee assumptions are supplied in Section II. Based on the experience of Whistler Mountain, average revenues per guest will be $7.50 per visit while local residents will pay $4 per visit. Persons may subscribe to the facility on an annual basis for $175 (see Table IV-2). Certain revenues will also be forthcoming from lease and percentage of gross , returns on restaurants, rental and clothing stores. ~ 30 ~ Usage Forecasts Visitation forecasts on Table IV-3 present annual visitation fore- ~ casts by submarket for a 10 year period. Based on the current Vail visitor levels, and the residential market base, a guest visitation market of approxi- mately 120,000 visitors per year can be realized. The local market will pro- duce approximately 13,000 recreational visits, 600 persons with season passes, ~ and the opportunity for the area's 2,000 students to utilize the facility. Total annual visitor days based on 1986-87 demographic conditions ~ are slightly over 200,000 per year. ' Mnual Revenues 3 ~ Under the set of assumptions defined here, the aquatic facility will = generate nearly $1.1 million in user fees of which 90 percent will stem from guest participation. Revenues by category are shown in Table IV-4. ~ Other revenues of approximately $70,000 will be generated by resta- urants and leasing of specialized retail. In sum, if operated today under present economic conditions, total revenues would be $1.1 million. Operating Costs ; Operating costs have been estimated based on project design and the ~ experience of other facilities. Staffing levels and related costs are docu- mented in Section II. In total, operating costs are expected to exceed 1 $865,000 in full use of the facility. . ~ . Project Feasibility ~ Under present economic conditions, net operating revenues exclusive of debt service would be $218,000 on revenues of $1.1 million. These funds 1 ,vould be available for retirement of debt, capital replacement or expansion of marketing efforts. Sensitivity analyses indicate that the areas of significant risk ~ involve assumptions on winter guest utilization and average receipts per guest. The project could continue to cover operating costs even with a 30 percent reduction in winter guest attendance, which would mean a decline in utilization from 26 percent to 18 percent of all winter guests. A similar ~ impact would be achieved by gate receipts declining from $7.50 to $5.25 per ~ guests. ~ Because the summer season is short, summer revenues represent rela- tively small contributions to annual receipts. Similarly local resident receipts comprise less than 10 percent of annual revenues and therefore resi- ? dent utilization has little effect on revenues. i ~ ~ I f.,.., .....,...wa 1 x~c,r. ~ 4~u.~ ~ .urWrw:nir.+uA::IP.,n ,.,.ir:uw+r, ;;..i;:a,wa iou~qwn.f YG~Y6AIeJJ, I ~ I ~ ww1M4:iCN ~iwIW4V1b'IeMYG18Jvy ;•,•'py:`".l4.' I TABLE IV-3 PROJECTIUNS OF fACII[TY VISI1ATIuN BY SUBMARKEi (ANNUAL VISIiUR DAYS) SCENARIU: COMPARABLE PERFORMANCE 1986-81 1981-88 1938-89 1989-90 1990-91 1991-92 1992-93 1993-94 1494-95 1995-96 WINTER: Winter guests 68850 10511 72336 14144 75998 17897 19345 81841 83387 85984 Day skiers 9130 9410 9645 9886 10133 10386 10646 10912 11185 11465 SUMNER: Sunaer guests 28401 29111 29838 30584 31349 32133 32936 33159 34603 35469 Susoer day visitors 3119 3811 3906 4004 4104 4206 4312 4419 4530 4643 LOCAL MARKET: local swimmers 34500 35363 36247, 37153 38032 39034 40009 41010 42035 43086 Local recreation 13300 14145 14499 14861 15233 15613 16004 16404 16314 11234 Students 33000 33525 34671 35537 36426 37336 38210 39227 40201 41212 Uut-of-earket factor 11015 11290 11512 11362 12153 12462 12774 13093 13421 13756 iOiAl ANNUAL VISITUR DAYS 202463 207525 212713 218031 223482 229069 234795 240665 246682 252849 Arowne, Bort.z b Coddington, Inc. , W ~ ~ ' ^w^.•, ~ ~ ...un.,a www41 IurWUAWi +hWiDaWM ~iaW~W ~'vJWi4.lwii feYY4W,i..J f,YOi+ii.id s11x1.IWN'~ M1I?w'Y~YU 12ilYlYili(!:YiiYWYi:d1 ~iWmJYI{~ ~y'^~y'yyW ~'--~-.i ? TABLE IV-4 VAIL AUUATIC CENTER, REVENUE FURECASTS SCENARIO: COhPARABLE PERFURMANCE 1956-87 1987-88 1938-89 1959-90 1990-91 1991-92 1992-93 1993-94 1994-95 1995-96 WINTER: ' Winter guests $516,375 $529,284 $542,516 $556,019 $569,981 $584,231 $598,837 $613,808 =629,153 $644,882 Day skiers $63,850 $70,571 $72,336 $74,144 $75,993 $77,897 $79,845 $31,841 $83,887 =95,984 S.T. $585,225 S599,856 $614,852 $630,223 $645,979 :662,128 5673,682 =695,649 $713,040 =730,866 SUMMER: Suoeer guests $213,005 $218,330 t223,788 t229,303 $235,117 $240,995 $247,020 $253,196 $259,526 $266,014 SumOer day visitors t27,884 $28,531 $29,296 $30,028 $30,779 t31,543 :32,337 =33,146 =33,914 $34,824 S.T. $240,889 $246,911 $253,084 $259,411 t265,896 $272,544 $279,357 t266,341 $293,500 t300,837 LUCAL MARKEI: Loc:al saimAers t17,969 $18,418 $18,878 $19,350 $19,834 t20,330 $20,838 t21,359 t21,893 =22,441 Local recreation $55,200 $56,580 s51,994 =59,444 =e0,930 tb2,454 $64,015 $65,615 $67,256 $68,937 Students $33,000 $33,825 $34,671 $35,537 $36,426 $37,336 $38,270 $39,227 $40,207 $41,212 S.T. $106,169 =103,323 =111,544 $114,332 $117,190 =120,120 =123,123 $126,201 $129,356 =132,590 Out-of-market fac:tor f82,611 t84,617 t86,194 S83,963 t91,188 =93,467 =95,804 $98,199 $100,654 $103,170 USER FEES TOTAL $1,014,894 =1,040,266 t1,066,213 t1,092,930 t1,120,253 :1,143,259 :1,116,966 :1,206,390 s1,236,550 :1,261,464 OTHER REVENUES: Special events $0 $O $0 $0 :0 t0 f0 $0 $0 t0 ' Competition $O $O t0 t0 $0 $0 $0 =D $0 t0 Restaurant lease $39,172 $39,527 t39,840 540,262 $40,644 $41,035 $41,436 $41,847 =42,268 i42,699 Rental/Clothing $19,172 $0,527 t19,890 $20,262 $20,644 $21,035 $21,436 $21,847 t22,268 t22,699 Lockers $0 $0 $0 $0 $0 $0 t0 $O t0 $0 Lessons =10,123 t10,376 $10,636 $10,902 $11,174 $11,453 $11,740 $12,033 $12,334 S12,642 bTHER REVENUES iUTAL $68,468 $69,430 $70,415 $71,426 $72,462 t13,523 $74,611 $75,726 $76,870 =78,041 TUiAL =1,093,362 =1,109,696 t1,136,639 =1,164,356 S1,192,715 $1,221,153 =1,251,577 $1,282,111 $1,313,419 $1,345,505 Browne, Bortt 6 Coddingkon, Inc. w N 33 ~ Limitations ~ The projections developed here represents the consultant team's best estimate of likely project performance. Certain limitations are noteworthy. ~ • A project of the size and nature proposed here, in a ~ winter resort community, is virtually unprecendented, ~ therefore projections of market response have a corres- - ponding degree of uncertainty. ~ • Project capital costs represent an estimate based on ~ other facilities and past experience. Considerable additional work is required before site specific costs ~ can be achieved. • The potential problems of operating a warm, humid " structure in a cold, dry climate present a variety of ~ design challenges. Greater efforts are needed on site = and building design issues. ff • Operating costs will depend on final design, operating ~hours and programming. Further refinement of these costs should be achieved as project planning continues. 3. • These market projections do not reflect a likely start- ' up lag. In actuality, market response to such a facility, particularly a new concept such as this, ~ would require one to two years before acheiving desired attendance levels. ~ ~ ~ ~ i f ~ 4 { iq i ORDINANCE N0. 16 Series of 1987 AN ORDINANCE AMENDING SPECIAL DEVELOPMENT DISTRICT N0. 5, AS ESTABLISHED BY ORDINANCE N0. 6, SERIES OF 1976, BY AMENDING THE SITE PLAN WHEREAS, the applicant, Vail Run Resort Community, is requesting to convert an existing exterior tennis court to a parking area, creating a total of 21 additional parking spaces; and WHEREAS, Vail Run Resort Community has determined that there is a need for this additional parking and further determined that this additional parking will be a benefit to the existing development; and WHEREAS, the Planning and Environmental Commission has reviewed the proposed amendment to Special Development District No. 5 and has determined it to be reasonable and appropriate; and WHEREAS, the Town Council has considered it to be reasonable, appropriate and beneficial to the Town and to its citizens and habitants and visitors to amend said Special Development District No. 5. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Section 3.6 (2) of Ordinance No. 6, Series of 1976, is hereby amended to read as follows: Section 3.B(2). The existing site consisting of the building containing 55 dwelling units, approximately 18,000 square feet of commercial space, a swimming pool and spa area, two tennis courts, as well as the parking and landscaped area as amended by the approved parking/site plan drawn by Gordon Pierce dated August 28, 1986, as well as the parking plan drawn by Gordon R. Pierce, Architects, dated April 13, 1987, shall be known as SDD5. Section 2. Section 3.6 of Ordinance No. 6, Series of 1976, is hereby amended by the addition of Section 3.6(3) as follows: Section 3.6(3). The portion of Special Development District No. 5 described by the parking plan drawn by Gordon R. Pierce, Architects, dated April 13, 1987 shall be subject to the following conditions: A. The parking area as described by the site plan incorporated by this amendment shall be primarily for the use of employees and for parking for residential guests. No commercial vehicles or other vehicles which cannot be parked in a normal size parking space (9 feet by 19 feet) will be parked in such area. B. No snow shall be placed or piled on the property known as Simba Run. C. A landscape plan shall be prepared by the applicant and shall be subject to Simba Run's consent, such consent shall not be unreasonably withheld. At a minimum there shall be 10 foot blue spruces provided at a minimum number equal to one every 8 feet of the perimeter of the south and west sides of the parking area. Such trees may be placed on the property known as Simba Run on the west side, but shall be maintained by the applicant. A five foot berm shall be maintained on the west side and shall wrap around the southwest corner. Such berms shall be on the property known as Simba Run. The Town of Vail Design Review Board will have final approval of the landscape plan and any amendments thereto. D. No lighting shall be placed around the parking area unless required by the Town of Vail and if such lighting is required, design shall be such that light posts shall be no more than 4 feet high and the light shall be cast downward. Lighting on the ramp may be provided by posts no more than 4 feet high or by wall lights directing light downward. Section 3. This ordinance shall take effect five days after publication following the final passage hereof. Section 4. 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 valildity 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. i Section 5. ,The repeal or the repeal and reenaction of any provisions of the Vail Municipal 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 repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND PASSED ON FIRST READING THIS 16th day of June 1987 , and a public hearing shall be held on this ordinance on the 16th _ day of June, 1987 at 7:30 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 16th day of June , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk TO: Town Council FROM: Community Development Department DATE: July 7, 1987 SUBJECT: Vail Run Amendment On June 16th the Town Council passed the first reading of Ordinance #16, Series of 1987, regarding conversion of a tennis court to parking at Vail Run Resort. At that meeting several conditions were read into the ordinance. Those conditions are now in place for second reading. ORDINANCE N0. 18 Series of 1987 AN ORDINANCE AMENDING CHAPTER 10.12 PARKING ON PRIVATE PROPERTY OF THE VAIL MUNICIPAL CODE BY THE ADDITION OF SECTION 10.12.055 COURT COST UPON DISMISSAL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town's parking on private property ordinance is intended to protect private property owners from unauthorized parking; and WHEREAS, often private property owners sign a complaint without adequately checking on the driver of the vehicle and later requests that the complaint be dismissed; and WHEREAS, such requests cost the Town money for Police Officer's time, prosecution time and court time which should be borne by the complainant. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. Chapter 10.12 is hereby amended by the addition of Section 10.12.055 Court Cost Upon Dismissal to read as follows: 10.12.055 Court Cost Upon Dismissal At such time as the Municipal Court grants the request of a complainant who has signed a complaint under this Chapter, to dismiss said complaint, the Court shall assess court costs against complainant in an amount not less than five dollars ($5) and not to exceed fifty dollars ($50) for each complaint so dismissed. 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 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. 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 ail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Vail Municipal 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 proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND APPROVED ON FIRST READING THIS 16th day of June 1987, and a public hearing shall be held on this ordinance on the 16th day of June , 1987, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 16th day of June 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROUED ON SECOND READING AND ORDERED PUBLISHED this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -2- TO: Town Council FROM: Community Development Department DATE: July 7, 1987 SUBJECT: Second reading of the Elk Meadows Special Development District Ordinance On June 16, 1987, the Town Council made a motion to approve the Elk Meadows Special Development District at first reading. The following changes have been made to the ordinance and are typed in all capitals in the document: l. The square footage for each tract has been changed due to the removal of the four parking spaces on the western portion of the subdivision. 2. A dollar sign was added to Section 4, #12 Amenities Tax to indicate that the staff is referring to a thirty cent charge per square foot. ' 3. In Section 4A, the following letters have been referenced as part of the Environmental Impact Report: a. Letter from Mr. Don Pettigrove, P.E., 6/12/87 b. Letter from Mr. Nicholas Lampiris, Ph.D., 6/15/87 c. Letter from Mr. Don Pettigrove, P.E., 6/16/87 d. Letter from Mr. Nicholas Lampiris, Ph.D., 6/18/87 4. In Section 4 of the ordinance, the reference to the preliminary drainage plan from Mr. Don Pettigrove has been added. 5. The Design Guidelines in Section 4, #11 have been changed in the following ways per the request of the Design Review Board: a. Roof pitch shall be between 4' and 12' and 6' and 12' b. Roof materials shall be metal standing seam or a metal stamped California tile form and be either charcoal grey or dark navy blue in color. c. f, which related to decks and balconies has been ~ omitted from the ordinance. 6. In Section 4A, the statement has been added to the last sentence of this paragraph so that it now reads: "The development plan is comprised of those plans submitted by Lamar Capital Corporation and consists of the following documents WHICH WILL BE FINALIZED AT THE MAJOR SUBDIVISION FINAL PLAT REVIEW." The Town Council also requested an additional letter from Mr. Nicholas Lampiris addressing rockfall in common areas for the subdivision. A drainage letter was also requested to verify that the additional drainage from the subdivision would have no significant impacts on the phase to the west of Phase III. Please see the two attached letters. :1 BANNER.. _ June 18, 1S27 Michael J. Lauterbach ' F' . O. Eio;; 3451 Vail, CO. 81658 . FE: E1 E:: Meadows Sut d i vi si an Roc k:f al 1 Dear- Mr. Lauterbach: - , In response to one of the issues raised in the Collins letter-, I feel very comfortable aaith having no mitic~ation for potential racE::fall into common, open space areas within the proposed devel opmc=nt . l"ypi cal 1 y, the i ntent of open ar-eas, as l ong as there are no permanent communi ty structures such as or f i czs or meeti ng p1 aczs, i s to provi de space for gravi i_y related qeoloqic phenomena to occur with no damaqe to . stiructures, and minimal chance ot e::po5ure to persanal injur-y. • When I prepare a report -F or ci i ent s owr•ii ng, f or i nstnncE y a one ar_r-e par-cei for the development o+ one single family resi dencE , the si te i s ei ther i ocatEd away f rom a hazar-d, including perhaps r-ocf::fail, or- mitigation tcchniqurs ar-e emp 1 oyed to cii r-ect any poteny ia1 geol oai c occurrence araund the homes:L te i nto the open spar_ea Thi s is the most prudent approach, as we cannot o:-atect ever-y square foot af pr'operty an1 still 17.ve in the mauntains. I hope I have adequatel v addres=ed thi s par-ti cul ar concer-n. F'lease c_oni ac-L- me if there are further auestions. Si. ncer-el y, Br`aNhd"-_'S A:35lJC I ATES , I i,lC . Nicholas Lanpiris, PhD. F'r-o j nc=t Gzol og i. st NL i i=1 E:: . BANNER ASSOCIATES, INC. BANNER ASSOCIATES. IIVC. CONSULTING ENGINEERS & ARCHITECTS CONSULTING ENGINEERS & ARCHITECTS SU(TE 6, 605 EAST MAIN 2777 CROSSROADS BOULEVARD ASPEN, COLORADO 81611 •(303) 925-5857 GRAND JUNCTION, CO 81506 •(303) 243-2242 ~ . BANNER June 15, 1987 Michael J. Lauterbach F. D. Do:: 3451 Vail, C0. 8155S F;E: Elk Meadow5 Subdivision F:ocEcfall Dear r'lr. LaLtterbach: I have reviewed the reparts prepared the weel:: ending June 12, 1987, by Don F'e-ttygrove, our structural engineer, concerning the rocl.-:-Fall mitigation for the ElEc hleadows Subdivision. As previ ousl y men{:i Unnd , patenti al rocE::f al 1 i nto thi s si ie aji 1 1 be very in-Frequeni over the years, but this type of mitigation is still prLident. If the engineereci design criteria pr-esented by Don F'ettygrove in l-iis above referenced rEport is followed, ttie rockfall hazard to occupants within structures to be located within Elk: Meadows Subdivision will be miniirized. Further, if i:he recommenciecl enginecring is accomplished during the construction of structUres upon the proprsed buildiny envelopes, triere should be no increased hazard to othcr propErty or- structures, or to public buildinys, roads, street=,, right-of-way, easements, utilities or facilities. If you have any further questions, please do not hesitatr to cont~-Ict uS. Si ncerel y, ','i',,:' ~ , EtFaNNER AS^oOCIATES, IIVC. Nicholas Lampiris, F'hD. " ' • / F'roject Geologist ' I BANNER ASSOCIATES, INC. BANNER ASSOCIATES, QVC. CONSULTING ENGINEERS & ARCHITECTS CONSULTING ENGINEERS 3c ARC}itTECTS SUrI'E 6, 605 FAST MAW 2777 CROSSROADS BOULEVARD ASPEN, COLORADO 81611 •(303) 925-5857 GRAND JUNCTION, CO 81506 •(303) 243-2242 June 16, 1987 BANNER Mr. Peter Patton Town of Vail 75 South Frontage Road Vail, CO 81657 Re: Elk Meadows Subdivision (The Valley), Filing #2, Phase III BAI #8095-05 Dear Peter, I am writing, as you requested, to clarify our opinion regarding the anticipated impact of this development on the storm flow into the adjacent property to the west. The peak design f low through the meadow area for a storm of 10- year recurrence, is only 8 cfs for a total basin area of some 178 acres. The total surfaced area of road is approximately 0.9 acre with an area of about 0.5 acre established for the building envelopes giving a total of approximately 1.4 acres of the total 178 in which the drainage characteristics will be altered by this development. It is our opinion that any change in peak flow generated by this development.is beyond the accuracy of the methods used to calculate f lows such as this and therefore can not be accurately evaluated. The transmission of flows through the site will be altered by providing a more clearly defined drainage path although slightly more circuitous. We believe the two will offset and the travel time through the site will remain virtually the same as current. . The quantity and point of discharge from this property will not change from existing conditions and as a result should have no adverse impact on the adjacent parcel. Should you have any further questions, please do not hesitate to call. Sincerely, BANNER ASSOCIATES, INC. ~ Donald G. Pettygrove, P.E. DGP/rlg cc: Mike Lauterbach BANNER ASSOCIATES, INC. CONSULTING ENGINEERS & ARCHITECTS 2777'CROSSROADS BOULEVARD ' GRAND JUNCTION, CO 81506 9 (303) 243-2242 ORDINANCE N0. 19 Series of 1987 AN ORDINANCE APPROUING A SPECIAL DEVELOPMENT DISTRICT (KNOWN AS SDD N0. 16, ELK MEADOWS) AND THE DEVELOPMENT PLAN IN ACCORDANCE WITH CHAPTER 18.40 OF THE VAIL MUNICIPAL CODE AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, Chapter 18.40 of the Uail Municipal Code authorizes Special Development Districts within the Town; and WHEREAS, Lamar Capital Corporation has submitted an application for a Special Development approval for a certain parcel of property within the Town known as The Valley, Phase III, part of Parcel A, Lion's Ridge Subdivision Filing No. 2 to be known as Special Development District No. 16; and WHEREAS, the establishment of the requested SDD 16 will insure unified and and coordinated development within the Town of Vail in a manner suitable for the area in which it is situated; and WHEREAS, the Planning and Environmental-Commission has recommended approval of the proposed SDD; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to establish such Special Development District No. 16: NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1 Amendment Procedures Fulfilled, Planninq Commission Report. The approval procedures prescribed in Chapter 18.40 of the Vail Municipal Code have been fulfilled, and the Town Council has received the report of thePlanning and Environmental Commission recommending approval of the proposed development plan for SDD 16. Section 2. Special Development District No. 16 Special Development District No. 16 (SDD No. 16) and the development plan therefore, are hereby approved for the development of Phase III The Valley, part of Parcel A, Lion's Ridge Subdivision Filing No. 2, within the Town of Vail consisting of 3.6 acres. ~ Section 3. Purpose Special Development District 16 is established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail. The development is regarded as complimentary to the Town by the Town Council and meets all design standards as set forth in Section 18.40 of the Municipal Code. As stated in the staff inemorandum dated June 8, 1987, there are significant aspects of Special Development District 16 which are difficult to satisfy through the imposition of the standards of the Residential Cluster zone district. SDD 16 allows for greater flexibi.lity in the development of the land than would be possible under the current zoning of the property. In order to help preserve the natural and scenic features of this site, building envelopes wi11 be established which designate the areas upon the site in which development will occur. The establishment of these building envelopes will also permit the phasing of the development to proceed-according to each individual owner's ability to construct a residence. SDD 16 provides an appropriate development plan that maintains the unique character of this site given the difficult site constraints which must be addressed in the overall design of the project. Section 4. Development Plan A. The development plan for SDD 16 is approved and shall constitute the plan for development within the Special Development District. The development plan is comprised of those plans submitted by Lamar Capital Corporation and consists of the following documents, WHICH WILL BE FINALIZED AT THE MAJOR SUBDIVISION FINAL PLAT REVIEW: 1. Elk Meadows Subdivision Phase III: Preliminary Plan Building Envelopes AND PRELIMINARY UTILITY PLAN, Phase III The Valley, February 23, 1987, Mr. Lee Lechner, Colorado Registered Land Surveyor 2. Elk Meadows Subdivision Phase.III Access Road Design Drawing, John MacKowen, Surveying and Engineering, Inc., June 5, 1987 3. FINAL Landscape Plan, Elk Meadows, Phase III, Mr. Dennis Anderson, Associates, June 30, 1987 4. ELK MEADOWS SUBDIVISION PHASE III PRELIMINARY DRAINAGE PLAN, MR. DON PETTIGROVE, P.E., JUNE 1987 5. Environmental Impact Report submitted by Mr. Peter Jamar, Associates, Inc., May 11, 1987 which includes Design Guidelines, Rockfall Mitigation requirements, and a preliminary utility plan. THE FOLLOWING LETTERS ARE ALSO PART OF THE EIR: a. LETTER FROM MR. DON PETTIGROUE, P.E. TO MR. MIKE LAUTERBACH, JUNE 12, 1987, RE: PRELIMINARY DRAINAGE PLAN/GEOLOGIC HAZARD MITIGATION ELK MEADOWS SUBDIVISION b. LETTER FROM MR. NICHOLAS LAMPIRIS, PH.D, TO MR. MIKE LAUTERBACH, JUNE 15, 1987 RE: ELK MEADOWS SUBDIVISION, ROCKFALL c. LETTER FROM MR. DON PETTIGROVE, P.E. TO MR. PETER PATTEN, JUNE 16, 1987. RE: ELK MEADOWS SUBDIVISION PHASE III DRAINAGE d. LETTER FROM MR. NICHOLAS LAMPIRIS, PH.D, TO MR. MICHAEL LAUTERBACH, JUNE 18, 1987, RE: ELK MEADOWS SUBDIVISION, ROCKFALL 6. Other general submittal documents that define the development standards of the Special Development District. B. The development plan shall-adhere to the following: 1. Acrea e: The total acreage of the site is 3.6 acres. 2. Permitted Uses: The permitted uses for the site are proposed to be: a. Single family residential dwellings b. Two-family residential dwellings c. Open space d. Public and private roads 3. Conditional Uses: a. Public utility and public service uses b. Public buildings, grounds and facilities c. Public or private schools d. Public park and recreation facilities e. Ski lifts and tows f. Private clubs g. Dog kennel 4. Accessory Uses: a. Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single- family or two-family residential uses. b. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190; c. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof; d. Horse grazing, subject to the issuance of a horse grazing permit in accordance with the provisions of Chapter 18.58. 5. Parcel Acreages and Uses a. Buil.ding Envelopes 1. .07 acres, 1 single family unit 2. .07 acres, 1 single family unit 3. .06 acres, 1 single family unit 4. .05 acres, 1 single family unit 5. .10 acres, 1 duplex unit ` 6. .08 acres, 1 duplex unit 7. .05 acres, 1 single family unit b. Tract 1: 2.467 acres open space c. Tract 2: .6927 acres private access road and parking 6. Setbacks - Minimum setbacks for the location of structures with relations to building envelope perimeter lines shall be as follows: a. No structure shall be located on the utility easement as so designated on the final plat of the subdivision. b. No structure shall be located less than two feet from either the east or the west perimeter line. c. No structure shall be located less than three feet from the north perimeter line. d. Notwithstanding anything contained hereinabove to the contrary, roof overhangs and decks may encroach into the setback areas described in b and c so long as such roof overhangs and decks are totally within the perimeter lines of the building envelope. . 7. Density: Approval of this development plan shall permit nine (9) dwelling units which includes 5 single family units and 2 duplex units. A building situated on a single unit residential building envelope shall not contain more than 1,777 square feet of GRFA; a building situated on a two unit residential building envelope shall not contain more that 3,554 square feet of GRFA. 8. Building Height: Building height shall be 33 feet for a sloping roof. 9. Parkin : Two parking spaces shall be provided per unit with one of the two spaces being enclosed. 10. Landscaping: The area of the site to be landscaped shall be as indicated on the preliminary landscape plan. A detailed landscape plan shall be submitted to 4 the Design Review Board for their approval. The Design Review Board approved final landscape plan shall represent the general subdivision's landscape requirements. The entire portion of the building envelope not covered by pavement or buildings shall be landscaped as well as any areas outside the building envelope disturbed during construction. 11. Design Guidelines: The Design Guidelines shall be submitted to the Design Review Board fo•r their approval. The DRB final design guidelines shall represent the approved design guidelines. Design guidelines for the site are as foliows: a. Roof pitch shall be.BETWEEN 4 feet in 12 feet AND 6 FEET IN 12 FEET. b. Roof material shall be METAL STANDING SEAM OR A METAL STAMPED CALIFORNIA TILE FORM and be either charcoal grey or DARK NAVY blue in color. c. Siding material shall be either cedar or redwood and shall be applied horizontally as indicated on the prototypical building elevations. Only light colored stain shall be applied to siding. d. Either stucco or siding shall be applied to exposed concrete foundation walls. If stucco is utilized, it shall be light in color. e. All windows shall be white metal clad windows. f. All roofs shall have overhangs of at least 1 foot in order to protect walls and wall openings from rain and snow and to contribute to the building's character. 12. Recreation Amenities Tax: The recreation amenities tax is $.30 per square foot. 13. Protective Covenants: Prior to.major subdivision final plat approval, the developer shall file protective covenants on the 1and records of Eagle County which will provide that each owner that builds a structure on a designated building envelope shall comply with the design guidelines and rockfall mitigation requirements as outlined in the EIR by Jamar Associates May 11, 1987. Copies of the guidelines and mitigation requirements shall be available to prospective purchasers at the Community Development Office and Developer's office. The covenants shall also state that an owner may choose to have another qualified engineer/geologist design appropriate rockfall mitigation measures, as long as the mitigation solution does not have negative visual impacts and is approved by the Town of Vail Community Development Department and Town Engineer. The covenants shall also provide in regard to the covenant dealing with 5 design guidelines and rockfall mitigation that the Town of Vail shall have the right to enforce the covenant and that the covenant may not be amended or de?eted without Town of Vail approval. The protective covenants shall be approved by the Town of Vail Attorney, prior to major subdivision final plat approval. Section 5. Amendments Amendments to the approved development plan which do not change its substance may be approved by the Planning and Environmental Commission at a regularly scheduled public hearing in accordance with the provisions of Section 18.66.060. Amendments which do change the substance of the development plan shall be required to be approved by Town Council after the above procedure has been followed. The Community Development Department shall determine what constitutes a change in the substance of the development plan. Section 6. Expiration The applicant must begin construction of the Special Development District within 18 months from the time of its final approval, and continue diligently toward completion of the project. If the applicant does not begin and diligently work toward the completion of the Special Development District or any stage of the Special Development District within the time limits imposed by the preceding subsection, the Planning and Environmental Commission shall review the Special Development District. They shall recommend to the Town Council that either the approval of the Special Development District be extended, that the approval of the Special Development District be revoked,.or that the Special Development District be amended. Section 7. 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 8. The repeal or the repeal and reenactment of any provisions of the Vail Municipal 6 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 repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND PASSED ON FIRST READING THIS 16th day of June , 1987, and a public hearing shall be held on this ordinance on the 16th day of June , 1987 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 16th day of June , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk TO: The Town Council FROM: Community Development Department SUBJECT: A request for the rezoning of the Valley Phase Three from Residential Cluster to Special Development District with underlying Residential Cluster zoning. Applicants Lamar Capital Corporation. DATE: June 16, 1987 The applicant's request actually involved two planning commission actions: 1. The review of a preliminary plan for the major subdivision request. 2. The review of the special development district zoning request. The Town Council is not required to review the major subdivision request unless the Council wishes to call up the planning commission's decision. However, due to the fact that the major subdivision request is so closely tied to the special development district, the staff feels that it would be helpful to review both requests at the same time. The Community Development Department recommended approval of both the major subdivision and SDD with conditions. The applicant is proposing a major subdivision and SDD on Phase 3 of the Valley. The parcel is 3.6 acres and would be divided into seven building sites or envelopes. Five of the envelopes would allow the construction of single family dwellings and two envelopes would allow construction of duplex residences. A total of nine dwelling units is proposed for this phase. This project was originally developed under Eagle County at which time Phase 3 was allowed 16,000 sq ft of GRFA and a total of 10 dwelling units for the entire development. When the project was annexed into the Town of Vail in 1980, the GRFA and number of units were accepted by the Town. In 1981, the Town applied Residential Cluster zoning as tne underlying zone district guide for the parcel. The Valley was deannexed from the Town of Vail in 1985 and subsequently reannexed in May 1986. The Planning Commission reviewed the request on June 8, 1987, and recommended approval of the special development district and approved the major subdivision. A motion to approve the major subdivision was made by Ms. Pam Hopkins and seconded by Mr. Sid Schultz. The motion for approval included the staff conditions and was predicated upon the approval of the Special Development District. The vote was 3 to 1 with Mr. J.J. Collins voting against the request. The Special Development District was recommended for approval in a motion by Mr. Sid Schultz which was seconded by Ms. Pam Hopkins. The vote was 3 to 1 with Mr. Collins voting against the project. Mr. J.J. Collins felt that more specific information was needed on the rock fall mitigation that each owner would be required to complete. In general, his opinion was that the developer should be responsible for the mitigation. He was also concerned about the rock fall hazard between the building envelopes. He felt that the rock fall could effect the private access road and parking areas. Please see the enclosed letter from Mr. J.J. Collins which clearly explains his position on the project. The Community Development staff, Town Attorney, and applicants had a meeting after the Planning Commission review in order to clarify some requirements on compliance with the rock fall mitigation requirements. It was agreed that the development of each building envelope will comply with the environmental impact report, especially the design recommendations cited by Mr. Dan Pettigrove, and Mr. Nick Lampiris in revised letters concerning design mitigataion for rock fall hazards which will be submitted to the staff on June 15, 1987. The revised letter will be presented to the Council at the evening meeting. The applicant has also agreed to include in the covenants for the Elk Meadows subdivision the requirement that each owner shall complete the design mitigation work for rock fall hazards. The staff is also willing to waive the condition that a gas line be provided in the subdivision. The major subdivision regulations in section 17.16.150 state that a natural gas line is required unless otherwise waived by either the Zoning Administrator, Director of Public Works, Planning Commission or Council. Due to the fact that electrical is available, staff felt the gas line could be waived for the subdivision. ORDINANCE N0. 20 , Series of 1987 AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS FROM THE TOWN OF VAIL CAPITAL PROJECTS FUND, AND THE REAL ESTATE TRANSFER TAX FUND OF THE 1987 BUDGET AND FINANCIAL PLAN FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN. WHEREAS, contingencies have arisen during the fiscal year 1987 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 29, Series of 1986, adopting the 1987 Budget and Financial Plan for the Town of Vail, Colorado; and WHEREAS, the Town has received certain revenues not budgeted for previously; and WHEREAS, the Town Manager had certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and , WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain supplemental appropriations as set forth herein. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: ~Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following supplemental appropriations for the 1987 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure of said appropriations as follows: FUND AMOUNT Capital Projects Fund $512,900 Real Estate Transfer Tax Fund 379,100 TOTAL $892,000 INTRODUCED, READ AND APPROVED ON FIRST READING THIS 16th day of June 1987, and a public hearing shall be held on this ordinance on the 16th day of June , 1987, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 16th day of June 1987, Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -2- ORDINANCE N0. 21 Series of 1987 AN ORDINANCE AMENDING SECTION 17.26.075 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL CONCERNING CONDOMINIUM CONVERSIONS. WHEREAS, Ramshorn Partnership has submitted an application to amend Section 17.26.075 of the Municipal Code of the Town of Vail; and WHEREAS, the amendment provides a reasonable solution to creating a balance between owner use and guest use of a converted condminium; and WHEREAS, the short term bed base for the community will continue to be protected through this amendment; and WHEREAS, the Planning and Environmental Commission has unanimously recommended approval of this amendment to the Town Council; and WHEREAS, such amendment must be approved by the Town Council of the Town of Vail; and WHEREAS, the Vail Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to amend said Section 17.26.075. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Section 17.26.075 A.I. is hereby amended to read as follows: A1. AN OWNER'S PERSONAL USE OF HIS OR HER UNIT SHALL BE RESTRICTED TO 28 DAYS DURING THE SEASONAL PERIOD OF DECEMBER 24TH TO JANUARY 1ST AND FEBRUARY 1ST TO MARCH 20TH. This seasonal period is hereinafter referred to as "high sea$on." "Owner's personal use" shall be defined as owner's occupancy of a unit or non- paying guest of the owner or taking the unit off of the rental market during the seasonal periods referred to herein for any reason other than for necessary repairs which cannot be postponed or which may make the unit unrentable. Occupancy of a unit by a lodge manager or staff employed by the lodge, however, shall not be restricted by this section. Section 2. Section 17.26.075 A.4. is hereby amended by the addition of sub-paragraph A.4. to read as follows: A.4. THE CONUERTED LODGE UNITS SHALL NOT BE USED AS PERMANENT RESIDENCES. A "PERMANENT RESIDENCE" IS DEFINED AS ANY USE OF THE CONDOMINIUM BY ONE PERSON OR MORE FOR A CONTINUOUS PERIOD OF TIME GREATER THAN SIX (6) MONTHS. Section 3. Section 17.26.075 C is hereby amended to read as follows: C. The converted condominium units shall remain available to the general tourist market. IF UNSOLD 30 DAYS AFTER RECORDING OF THE CONDOMINIUM MAP, THE UNSOLD CONUERTED CONDOMINIUMS SHALL BE REQUIRED TO BE FURNISHED AND MADE AVAILABLE TO THE GENERAL TOURIST MARKET. This requirement may be met by inclusion of the units of the cond-iminium project at compa;°able rates, in any local reservation system for the rental of lodge or condominium units in the Town. Section 4. 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 5. The repeal or the repeal and reenactment of any provisions of the Vail Municipal 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 repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. ~ Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROUED ON SECOND READING AND ORDERED PUBLISHED this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk C T0: Planning and Environmental Commission FROM: Community Development Department DATE: June 22, 1987 SUBJECT: A request to amend the Town of Vail Subdivision Regulations concerning condominium conversions in Section 17.26.075. Applicants: Mr. David Garton and Mr. Tim Garton I. THE REQUEST The applicants are requesting to amend the condominium conversion ordinance in the Subdivision Regulations concerning an owner's personal use of a converted condominium. The condominium conversion section addresses the conversion of a lodge to a condominium project. Attached to the memo are the existing condominium conversion regulations. Below is a list of the requested changes. Sections of the code that have been changed have been highlighted in capital letters. Section 17.26.075 A. 1. AN OWNER'S PERSONAL USE OF HIS OR HER UNIT SHALL BE RESTRICTED TO 28 DAYS DURING j THE SEASONAL PERIOD OF DECEMBER 24TH TO JANUARY 1ST AND FEBRUARY 1ST TO MARCH 20TH. This seasonal period is hereinafter referred to as "high season." "Owner's personal use" shall be defined as owner occupancy of a unit or nonpaying guest of the owner or taking the unit off of the rental market during the seasonal periods referred to herein for any reason other than necessary repairs which cannot be postponed or which make the unit unrentable. Occupancy of a unit by a lodge manager or staff employed by the lodge, however, shall not be restricted by this section. The existing wording for this section states that owner's personal use shall be restricted to 14 days during the seasonal period of December 15th through April 15th and 14 days during June 15th through September 15th. Section 17.26.075 A. 4. (This is an entirely new section to be added to the condominium conversion regulations.) THE CONVERTED LODGE UNITS SHALL NOT BE USED AS PERMANENT RESIDENCES. A PERMANENT RESIDENCE IS ~ DEFINED AS ANY USE OF THE CONDOMINIUM BY ONE PERSON OR MORE FOR A CONTINUOUS PERIOD OF TIME GREATER THAN • SIX MONTHS. C Section 17.26.075 C. The converted condominium units shall remain available to the general tourist market. UNSOLD CONVERTED CONDOMINIUMS SHALL BE REQUIRED TO BE FURNISHED AND BE MADE AVAILABLE TO THE GENERAL TOURIST MARKET. This condition may be met by inclusion of the units of the condominium project, at comparable rates, in any local reservation system for the rental of lodge or condominium units in the Town. The applicants have provided the following reasons as to why the request is warranted: 1. We are unable to sell our Ramshorn Condominiums with the current use restriction, Municipal Code of the Town of Vail, 17.26.075. Basically, the use restriction does not fit the condominium useage pattern extant in ski areas today. It has made our condominiums unsaleable. Worst of all for Vail, the unsold Ramshorn condominiums are not being utilized at all by visitors to Vail. The use restriction as it stands right now is unnecessary and intolerable; the rental obligation is both desirable and tolerable. We request that the use restriction be relaxed, not ~ lifted. The rental obligation would continue in effect as is and unsold condominiums would be required to be furnished. 2. It appears to be accepted that condominiums in the core areas are desirable if: a. They are rented out when the owner is not using them. b. They are rented or lived in short term (not used as a primary residence) 3. It is very unlikely that anyone would live full time in a core area condominium because it is economically unfeasible. The Lift House Lodge has 45 studio condominiums. The units have sold at prices between $20,000 and $100,000. No owners have ever lived there. No one has ever rented long term through the winter. 43 of the 45 owners voluntarily rent short term. C II. BACKGROUND ON THE REQUEST In June of 1984, the owners of the Ramshorn Lodge requested to convert the lodge into condominiums. This request was approved by the Planning Commission. Below is a table which explains the existing, proposed, and allowable statistics relating to the Ramshorn property. , EXISTING PROPOSED # SQ FT # SQ FT Accommodation units 28 8,146 17 6,266 Dwelling units 3 2,479 7 5,903 Total density 17 10,625 15.5 12,169 Common lobby/lounge 2 1,337 2 1,038 Total allowable 13 18,572 2.5 6,403 over under Parking spaces 33~ 33 In March, the applicants began discussing the possibility of modifying the use restriction with the Town Council. They began working with the Council, as the present ~ regulations state that the Council has the responsibility to review any requests to modify the conditions of lodge conversions to condominiums for specific projects. After three work sessions, the Council determined that it would be more appropriate if the entire Condominium Conversion ordinance was amended as opposed to approving a specific request for the Ramshorn property. Their decision was based on the concern that it would be difficult to review future requests for amendments to specific condominium conversion agreements in a fair matter due to the fact that the existing Subdivision Regulations do not have any clear criteria for reviewing this type of request. The amendment to the ordinance will make the proposed revisions to the conversion regulations applicable to all properties and will not single out a specific project. The Town Attorney also recommended the amendment approach, as it was much more defensible legally to amend the ordinance across the board as opposed to making a decision for a specific project. The applicants have basically taken the Town Council's recommendations and incorporated them into the present request. r ~ -3- C III. BACKGROUND ON STAFF'S POSITION DURING THE TOWN COUNCIL REVIEW SESSIONS At the first Town Council work session on March 24th, the original request was to change the use restriction for the Ramshorn Condominiums from 2 weeks during during each of the winter and summer high seasons to 8 weeks. The applicants proposed that owners be obligated to put their units on the open rental market when the units were not being used. It was also proposed that unsold condominiums would be furnished and put into the rental pool. The staff's position was that a 4 week owner use restriction be used during each of the winter and summer high seasons along with the rental obligation and furnishing of unsold condominiums. The Council requested that the staff provide information on numbers of accommodation units and amenities associated with Vail Lodges. The Council's opinion was that perhaps it might be feasible to remove the use restriction for only small lodges. At the April 21st work session, the applicants presented a ~ revised proposal which called for removing the owner use restriction entirely with the conditions that the units not be used as primary residences; units not being used by the owners would be placed in a short term rental program; and unsold units would be furnished and placed in a short term rental pool. This amendment would have applied to all lodge conversions. The staff position remained the same and allowed for 4 weeks for each of the winter and summer seasons. Also, it was recommended that the use restriction change be applied to all properties by going through the zoning amendment process. Staff also presented information on the number of accommodation units and amenities associated with lodges. 450 of the total number of lodges fell into the category of a small lodge (10 - 37 units). 18% of the total number of accommodation units are in small lodges (261 accommodation units out of 1,419 total units). In general, the Council felt that lifting the use restriction was reasonable as long as the units would be short termed when not used by the owner and that the owner would not use the unit as a primary residence. At the May 19th work session, the applicants had essentially the same request with the additional ~ -4- recommendation that the change to the use restriction be considered as a sunset amendment. As an example, the ~ change in the ordinance could be reviewed in one to two years to determine if the amendment was still appropriate. The staff position was that the use restriction be adjusted to 4 weeks during the period of December 18th to March 20th.and 4 weeks during the period of June 19th to September llth. A slight change in the high season period was made in order to free up an additional 4 unrestricted weeks in the winter and one additional week of unrestricted use in the summer. Our position was based on the following points: 1. Several policy planning documents have indicated that preserving the short term bed base is an important goal for our community. The adopted Land Use Plan states that: 113.1 The hotel bed base should be preserved and used more efficiently. 3.2 The Village and Lionshead areas are the best locations for hotels to serve the future needs of the destination skiers. 3.3 Hotels are important to the continued success of the Town of Vail, therefore, ~ conversions to condominiums should be ~ discouraged.". _ Although the Vail Village Master Plan has not received final approval, the draft policy statements indicate the same concern for preserving the short term bed base. The draft document has received support at public meetings and several Town Council and Planning Commission review sessions: Goal No. 2. To foster a strong tourist industry and to promote year round economic health and viability for the Village and for the community as a whole. Objective 3. To increase the number of residential units throughout the Village area available for short-term overnight • accommodations. Policy: The development of accommodation units are strongly encouraged Any residential units that are developed above existing density levels shall be designed or managed in a manner that makes them available for short term rental. ( ~ -5- ~ 2. The existing conversion ordinance does make it somewhat difficult to convert lodge rooms to condominiums. Staff agrees with the applicant that the use patterns have changed in resort communities today as far a how long condominium owners wish to use their units. Some of this change is due to the fact that resort communities no longer have such a speculative market. Those people who buy condominiums tend to want to use them more frequently, as they are not buying them solely for investment purposes. Staff agrees with the applicants that some changes are reasonable to the existing use restriction. However, the staff would have preferred to adjust the use restriction by changing it to a 4 week use restriction in each of the summer and winter seasons. A compromise was reached at the May 19th meeting. The applicants agreed to the request as described in this memo which removed owner's use restriction during the summer and changed the winter restricted period to include Vail's 8 busiest weeks during which the owner could only use the unit 4 weeks out of this 8 week period. ~ Staff felt that it.was important to bring the Planning Commission up to date with all the series of discussions that have occurred related to the Gartons' request. This summary of Town Council discussions has been provided so that the PEC understands how the proposal developed. In the following review of the request, staff has decided to outline the Town Council's thinking on the request and how it compares to the criteria, rather than rehashing the staff position on the proposal. This is a reasonable approach to the memo, as the applicants have spent a great deal of time working out a solution with the Town Council which was the required method for arriving at a solution under the existing ordinance. At the very last meeting, it was decided that a zoning amendment would be the best process for handling the request. For this reason, staff feels that it is only fair to point out the Council's position in respect to each criteria. The staff has also had the opportunity to present our general position on the proposal in the background section of this memo. ~ ~ -6- .i . . . . . . . ? r.V4 _ ` IV. EVALUATION OF THE REQUEST Criteria No. 1. Suitability of existin zonin . Condominium Conversions, 17.26.010 Purpose: The ordinance codified in this chapter has been adopted in accordance with the provision of the Local Government Land Use Contol Enabling Act of 1974, as found in C.R.S. 29-20-101, et. seq. as more paraticularly spelled out in C.R.S. 29-20-104 to regulate condominium conversions which may result in significant changes in the population of the Town and to control the impact thereof on the Town and the surrounding areas. The Town finds that the ordinance codified in this chapter is necessary for the protection of the public health, safety and welfare to accomplish the following purposes: A. To ensure the performance of maintenance responsibilities in converted condominiums, and to promote the public health, safety and welfare; B. To ensure that rental units being converted to condominiums meet reasonable physical standards as required by subdivision and building codes adopted by ~ the town; C. To protect from unnecessary eviction the residents of rental units being converted to condomniniums, and to assist these residents in meeting their future housing needs; D. To preserve a reasonable balance in the owned versus rental housing mix and to maintain the supply of low to moderate income units available in the town; E. To monitor the supply of low to moderate income units so that the Town may take measures to avoid a worsening housing crisis. These purpose statements are aimed at converting apartments and, thus, the proposed amendment will not affect the purpose statements' validity. Criteria No. 2. Is the amendment presentin a convenient, workable relationship among land uses, consistent with municipal objectives? The Town Council felt that this proposal was a reasonable solution to creating a balance between the existing use restriction and to removing the use restriction entirely ( from the conversion ordinance. This proposal restricts the owners' use during Vail's busiest time during the ski -7- season, Christmas and February through mid-March. The Council felt that the bed base was protected during these ~ peak use periods which was the primary concern of the original use restriction. Their opinion was that occupancy levels are low enough during the remainder of the year to the degree that no "protection" is necessary. Criteria No. 3. Does the amendment proposal provide for the growth of an orderly, viable community? The Council felt that this request provides for a viable community in that the bed base, which is very important to the tourist economy, is protected during the busiest times of the ski season. Their opinion was also that some additional flexibility is warranted given the very restrictive nature of the existing conversion ordinance regulating owners of converted condominiums. V. STAFF RECOMMENDATIONS Although we continue with our concerns about this ordinance change, we are recommending approval of this request. Our position has been clearly stated during the work sessions. We believe the current proposal represents a reasonable compromise but should be reviewed at least every two years. ~ The Council took a great deal of time to develop a reasonable solution to the request. Their opinion is that the hotel bed base is protected during the Town's peak use periods which is really the original intent of the use restriction. In addition, the permanent residency limit and requirement that unsold condomimiums be furnished also helped to ensure that the units would be available for guests. . , . . -30- ~ CHAPTER 17,26 - CONDOMINIUM CONVERSIONS Sections: . 17,26,010 Purpose 17.26.020 Definitions 17.26.030 Prel iminary map 17.26.040 Final map 17.26.050 Review procedure 17.26.060 Conversion to condominiurns 17.26.070 Additional requirements--Condominium conversions 17.26.075 Condominium conversion - 17.26.080 Action on preliminary map . 17.26.090 Preiiminary public report 17.26.100 Final map 17.26.110 Final rnap approval 17.26.120 Subdivision public report 17.26.130 Improvmenient security 17.26.135 Exemptions 17.26.140 Appl icabil ity ~ 17.26.010 Purpose . The orditiance codifiecl in this cliapter has been adopted . in accordance wiih the- provision of the Local Government Land Use Control Enablimg Act of 1974, as founcl in C.R.S. 29-20-101, et. seq. as more *particutarly spellecl oui in C.R.S. 29-20-104 to rcgulate conctomiiiium conversions wF',ich may result in significant chan(,es in the population of the town and to cantrol ilie III1j1;1Ct tIIC1'COf OIl the town and the surroundina areas. The town Cnds that the ordinance"COd1fIL`CI !II Il11S CI11pteT is ncccssary for the protcctioii of the public liealtli, safcty and welfare to accoiIlplisIi tlie following purposcs: A. To eiisure the perfoni»nce of m:iintenance responsibiIities in convcrted COI1lIO111U11UI11S, and to promote the public health, safety a»cl welfarc; B. Tu enstire that rental units bcin,, converted to coiidominiu?ns meet reasonable ptiysic;il standards as required hy siibdivisioli and builcliiig cocles acloptecl by the • town; C. To protect from unneccssary eviction the resiclents of ~reiital uttits beiilg coitvcrtecl to condomiliiin»s, ancl to assist tliese residcnts in meeting tlicir futurc liousing nceds; =31- ' ~ D. To preserve a reasoniible balancc in the owned versus rental housing mix and to maint:iin tile supply of low to modcrate , income wiits available in the tovin; E. To monitor the supply of low to inoclcrate iiicome units so that the town may take measwcs to avoicl a worseiiitig housing crisis. (Ord. 28(1970) § 1 (part).) , 17.26.020 Definitions The following definitions shall apply to the interpretation of tlus cliapter: . A. "13ylaws," as uscd in tliis chapter, shaill refer to the bylaws of tlle unit owtiers' association or corporatiori. ' B. "Conununity apartmrnt" means a development in wtuch there is an uncirvided interest in the lauel coupleci with the riglit of cxclusivc occupanCy of an apartmc?it located therein. Community apartments shall bc subjcct to the same restrictions anci conditions set forth in tlus chapter for condominium units. C. "Condominium conversion" means the development or use of the la?id and existing structures as a cotldoiliinitim project rebarcJless of the present or prior use of such lands ~ and structtires, and regardless of whether substantial ~ improvements have been made tb such structures. D. "Condon;iniizm unit" means a?i individual air space unit together wit}1 the interest in tlie common elemeiits appurtenant to such unit. - E. A"dectaration" is an instrument recorded pursuant to the . statutes of the state and which defines the charac[er, dura- tion, ri,lits, obligations, and liniitations of conclomiiiitim ownership. Tlie declarltion shall inc'.ude all restrictions, limita:ions anci specificatioiis whicli may be required by the plarining acld environmeiltal coinmissioii or town coucicil, includin- provisions relative to time-sliaring estates, li:eiiscs or fractiunal fees; and the proccdurc for amcndmcnts oC the declaration whic}i requires appi-oval of'ttie towii. F. An "individual air space u?tit" consists of iny enclose:d rooiii or rooiiis occupying all or part of a floor or flooi-s of a buildin;; of oiic or ntorc floors to bc uscd for resideiitial, professional, conimcrcial or induslrial purl?oses, which has access to a Public street. G. "Mocieratr iilcomc" shall be as defiilc(f frotii tilite to tinic by i}ic council. , (Ord. 24(1950) ti 1; Orcl. 28(1978) § 1(part).) I ~ ~ I . I . -32- ~ 17.26.030 Preliminary map All propos::cl condominium conversion projects shall submit the prciiminary i>>ap, containinn the inforni.ition and requircj-iients specified iii Ch.:pter 17.16 as may br applicabl: to the proposecl _ COT1CIOllllililllil project. ln adclilion to t}:at informatioii, the preliminary nnap for thc conclvminium conversion project Shall include: A. A map showing all common areas aiid usa"cs of the building and grounds, ancl plans for the intrrior clivision of the builcling showing tiorizontal atid vertical boundaries of all units; . B. A copy of the declaration applicable to the condominium projcct; , C. A copy of tlie bylaws. Tlie bylaws shall contain the infonnation recluired by the Conciominium Ownership Act of the State of Colorado. All condominium projects shall comply witl: ±liis requircment. (Ord. 28(1975) ~ 1 (part).) 17.26-.040 Final map. T}ie final i1iap ior tlte cor.domitiium conversion project Shall contain all information required by Chapter 17.16 as the same may be applicable to the condomiiiium projzct. In additioti, if there are any restrictive covenants, COI1Cj1C10I1S or restrictiotis ottier thatl specified in the declaration, ttiey shall be f-iled concurrently with the final map. (Ord. 28(1978) § 1(part).) . 1726•.050 Review procedw-e. The revicw procedure for condominium conversioils shall be in accordajice witti ilic proccdures for subdivisions as speciCied in this title. (Ord. 28(1978) 5 1 (p~tri)•) , 1725.060 Requirements- Condominium conversions The applic:lnt proposin,, tu ni.lk-C :1 COR(I0111iniiuni convcrsioii shall provicle th: following cJocumcnt;:ition with tlic prcliinin:ry map: • A. A condoininiunl convcrsion rcport frolii thc tow?i builJili" inspertor on tlte cottclition of thr building, listin"; ;IIl huilctin,.: cc,d; %•iolations, fire ccxlc %,iulations an~l rrlatr~ violations whi.•It :irc drtrinicnt:il io the liraltll, s:ii~~l~ancl welf:irc ol' the public, Illr and tlic occupaiits u1' Ilic buildinkg. :ipplic:int sh:lll I11Ve .IJ-;iil:?blC anci sliall providc . copics uf this rcport to a11 pro~;~~L..ctivc ptirchascrs ol' CO11(IU1111I111U11 Ut11CS Of 111tCfCSI I11 IIIC CUtldC)(1]ifllUl)1 pIUJoct; -33- ~ B. A report of tlic proposed convcrsion, including the folloW- ' ' ing information: 1. Length of occupancy of prescnt tcnants, 2. Tlie housclioltl compositioji of prescnt tcnants, ' • 3. Current rcnlal rates; wiiettier rcnts include or exclude utilitics; datc and the amount of last rcntal increase, 4. A summary of the proposed owncrship of the units, if the units will be sold ::s timc-share or interval owucr- ships; the approxi?nate proposed sale price of units and financing arra»gements to be provided by the applicant; C. Plans and descriptio»s 'showing how tlie following will be • , performed: 1. All site work shall be brought up to current town ' standards unless a variance tlierefrom is granted to t}ii~ - . • applicant by tlie town council in accordance with the . variance procedures of tlus Tille 17. Tlie town council • may, if it deems necessary, require additional parking • facilities to meet reqLliremcnts of owiiers and guests of the condoniinium units, 2. Correctioiis of violations cited in the condominiLtm conversion report by the building inspector, 3. Condominium projects sliall meet current Uniform Building Gode requirements for lieat and fire detectioii . ~ devices 2»d systems. ~ . , . . . - - . -34- 17.26.075 Condominium Conversion Any applicant seeking to convert any accommodation unit within the town shall ~ comp7y with the requirements of this section. The requirements contained in this section shall not apply to structures or buildings which contain two units or less. A. '1'hc 2•equirernents ancl i•estrictioils iici•ein conLainc(l stiall be included in the condominium declaration_for t}io project-, and filed of record with the Eagle County clerk and recorder. The condominium units created shall rernain in the short term rental market to be used as temporary accommodations,available to the general pub3ic. . 1. An owner's personal use of his unit shall be restricted to fourteen days during the seasonal periods- of December 15th through April 15th and fourteen days during June 15th through September 15th. This seasonal period is hereinafter referred to as "high season." "Owner's persoiial use" shall be defined as owner occupancy of a unit or nonpaying guest of the owner or taking the unit off the rental market during the seasonal periods referred to herein for any reason other than necessary repairs which cannot be postponed or whicb make the unit unrentable. , Occupancy of a unit by a lodge manager or staff employed by the lodge, however, shall not be restricted by this section. 2. A violation of the oivner's use restriction by a unit owner shall subject the owner to a dpLily assessment rate b,y the condominium association of three times a rate corisidered to be a reasonaUle , daily rental i•ate for,the unit at the time of the violation, • which assessment when paid shall Ue deposited in the general r funds of the condominium association for usc in upgrading and f~ L repairing the common clemeiits of the condominiums. All sums -35- assessed against the owner Sor violation of the owner's personal ~ use restriction and unpaid shall consti tute a lien for the bene- . fit of the condominium association on that owner's unit, which : lien shall be evidenced b5• writteil notice placed of record in the office of the clcrk and recorder of Eagle County, Colorado, arrd which may be collected by foreclosure, 'on an owner's condo- minium unit Uy the association in like manner as a mortgage or deed of trust on real property. The condominium association's . failure to enforce the owner's personal use restriction shall give the town the ri6ht to enforce the restriction by the assessment and the lien provided for liereunder. Ii' Lhe town enfoi•ces the restriction, the town shall receive the funds collected as a result of sucli enforccmcnt,. In the ev~ri L ~ litigation results from ttie enforcemerit of the restriction, . as part of its reward to the prevailing party, the court shall ativard such party its court costs together with reasonable attorney's fees incurred. 3. The Town shall have the rig}it to require from the cor.do- minium,association an annual report of otvnei•'s personal • use during the high seasons for all converted condominium units. B. Any lodge located within the Town which has converted accomo- dation units to condominiums shall coiitinue to provide customary lodge Pcilities and *services includiiig a. customary marketi,ng program. ( i ~ . . . . . . r....~._._ . . . . -36- ~ . C. The converteci condorainium units shall remain available to the general tourist market. This condition may be met by inclusion of " . the units of the condominium project, at comparable rates, in any local reservation system for the rental of lodge or condominium . units in the Town. D. The common areas of any lodge with converted units shall remain _ common areas and be maintained in a manner consistent with its previous'character. Any changes, alterations or renovations made to com.mon areas shall not diminish the size or quality of the common areas. E. Any accommodation units that were utilized to provide housing for employees at any time during the three years previous to the date ~ of the application shall remain as empl"o"yee units for such duration as may Ue required by the Planning and'Environmental Commission or • the Town Council. F. Applicability: All conditions set forth within this section • shall be made bindiiig on the applicant, tYie applicant's successors, 'heirs, perso.nal representatives aiid assigns ar,s s;lall govern the property which is the subject of the applicatian for the life of the survivor of the present Town Council plus tcveiity-one years. Coiiver- sion of accommoda.tion units located within a lodge pursuant to this • section, shall be modified only by the written agreernent of the Town Council and ttie owner ox• owners of L-he units which have been coriverted into condominiums. The documents creatinb and governing any lccommo- ~ dltion unit whicti has been converted into a condominium shall be ~ modified bY the owners of such units anl ith the y ~v prior written appz-oval of the Town Council. • . ' -37- C _ G. Procedure: The conversion of. an accommodation unit in an existi.ng lodge shall be accomplished pursuant to the subdivision review process. The applicant shall provide the following documc:ntation to the Town at the time of the application to convert accornmodation units located in a lodge to condominium units: 1. Proof of ownership; - 2. Site inventory for the property indicating in detail . the actual location of any amenities serving the lodge; . 3. Affidavit of services provided as is called for in sub- paragraph 2'above, • 4. Designation and description of all employee units, . 5. Plan of improvements to be made to the property along with estimated costs 'therefor. (Ord 28, 1982) . 17.26.080 Action on preliminary map A._ At the hearing on the preliminary mapy the planning commission shall consider whether the proposed conversion is consistent with the following housing goals of the town: 1. To encourage continuation of social and economic diversity in the town through a variety of housing types; 2. To expand the supply of decent housing for low and moderate income families, 3. To achieve greater economic balance for the town by increasing the number ~ of jobs and the supply of housing for people who will hold them. ~ . . -38- B. The comrnission may require tliat a rcasonable pcrcentage - ' of the con•;:;rtc;J units be reservccl for sale or rental to • persons of muderate income. C. 'Tlie• planning, coinmission may deily tlic tentative or prc- liminary niap upon finding tliat: 1. Based o;i the information recauirccl by l%.26.070 and ~ on the v.icancy rate for rental housilig, tenaiits will hJve subst.tntial difficulty in obtainin= comparably }?riccd . rental housing_ A rental vacancy rate below five percent basccl on the most recent town survey constitutes a }lOUSill- CIl7(;CgC11Cy SItll3t10I1. 2. The ratio of multiple-family rci,tal units would be reduce.l to less thaii tweiity-five percent of the totl-1 number of dwellin.- units in the Gore Valley, from Dow(l Jumction east to the b:is:; of Vail Pass, witJi no . . replacemcnt rental housing bein;; provided. (Ord. 27(1975) § 1 (part).) 17.26,090 Yreliminary public report. . A. No 1: ter than tive ciays after the filin_ of' ?n appIication for conversioli, the app1:C1Ilt Sh;:l: no:if~y tlie tonants of the ' proposeci conclominii:rn eonversion an;1 rcport to the planning coniir.issiun at its public }icarin_T, thc approximate . ntuliber of tenants desiring to convert to condominium ownership. B. Existim, tenants shall be notifiecl of the proposed salc price. ~ . Eacll tenant sliall h2ve a tiincty-ciay lion?ssil-nable option • . to purcliase their unit at. tliis prel;minary market valiie. . . The prcliminary market value siialI be a fair market va,tie for the unit, and if thc OI11;I?I11`, connmission CIEttC1T11I1CS that the prc(inninary market value was too high, the appiica- tion may be dritied. (Ord. 27(1978) § 1 (part).) • 17.26.100 Finat 1fap. Tlic Fiiial inap to hc filcc] by t1ic: ai>plicant sliall contain the . imformation rr(Itiii-cd by Sccti()n 17.16. J 30 relatim, to . suhdivISIOIIS JS tlic same ma)• be applicable co the condominitu;i I)1'O)CCi. Iil fldd111011 t0 1llEtt 1I1rOi"!111(1011, the a])(?IICaClt Sh:tll • , obtctin the folloWin" cerlificalion to be t'ilecl witli the Cnal ' map: Receip[ of a c0nLlomiiiiuni report from the builcling insPcctor of thc town stating that coilclominiuni structurc :ind • units arc in conCormancc witli tlic tu\Vn builclin~, codes, lire codcs and otllcr rcl.itcd cocics adoI,tCcl by tllr. towii or tLc Vail i ~ I=irc }iroicction cli;h-ict, or th:it ,i,,reenicnts liavc bceii elltcrcLl ~ itilo witli the tovvn or Vail lirc prc,trrtion ciislrict COIICL'fRlllf; s.iid striicturc <iud units. (Orcl. 2S(])7S) a 1(p:irt).) ~ 17. 20.1 10 Fin;il in:ip i\'O linal or E,:irti:il m:iE, tilmll I,o cipj>ro\•ed uiitil tlir ccrtific:i- ~ • tion rrcItiirOLI iil SrL:tiOn 1726.100 i, ob[:11*11rLl. (()rd. 27(1975) j ~ ~ -39- , ; . ~ 17.26.120 Subdivision public rcport. A. 'i'hc suhdivision puUlic report sfiall state that salcs are . subjcct to occupancy by the cxisting trnant for nincty days froni the date of issuance of saicl mport. Within five days of issuance of t3te subdivision p.?blic report, the applicaiit sliall notify the tctia?its of tlir following: l. Titc clatc of issuancc of tlic re>>ort; 2. Tiic riglil of occtipancy spccifirci above; , 3. That no repair or TCII1UCIi'.Illilz: will begin until at lc_ast thirty days after the clate of the issuance of the subclivision public; rcport, or the ilatc of notification, wliiclievcr is la[er. B. Copies of said notices shall be filed with the department of community developnient at the time tile notice is given to the tenants. ln the casc of a convcrsion projcct consisting . of four parcels or Iess, the applicanc sFiail incet this requin- ment within five days of the approval of the final map. (Ord. 27(1978) ~ 1 (part).) ' 17, 25130 Improvement security. . A. The plannino commission anci the town e:ouncil may req«ire a security to be posted by the applicant which shall consist of one or more arrangements wliicli the coiirlcil shall accept to secure the actual cost of construction of sucti pLiblic improvements as are requireci by the or(iin::nces of the ~ town. Tlie improvem;,nt :c;curity may inrltide any one or a • " combination of the t}-pes of security or collateral listecl in tliis paragra}i}i, aild the applicant may substitute security in order to release partions of the condominium project for • sale. Tlle types of collateral wliicll may be used as security are as follotivs: 1. Restrictions on the conveyaiice, ssle or transfer of atiy unit witliin the condoininium project as set forth on • the final map; 2. Perfonnance of proiicrty bond; . 3. Private or public escrow agre:;ment; 4. Loan commitinent; 5. Assignments of receivables; 6. Liens on pruperty; ' 7. Letters of rrrclit; 8. I)eposits ol' seciirit), funds; or otlitr similar surcty agrecments. B. Serurity othcr t1tan pIat resL-ictions, rr(itiire(l ttitder the improvemcnt srrurity, sh:ill cyual in V:iluc the rost of the improNTments tc.) hc r0nIE)lcted but s11a11 not bc requircLl on the portion of the COIIiIOl111i11U111 projCCt subjecl to plat rrstrirtions. 'Chr council shzill nut rrkiuire security with collateral arra,rnien[s in exrrss ot' Ilir :irtu:il rost of ronstrurlion ot' the impruVcmCIits. 4 lir ;unuLuit 01' sccuritN' ~ , . ' -40- , ~ . nn.ay be incrementally reduced as subdivision or conclo- , miniu?n improvements are completcd. (Orcl. 28(1978) ~ 1 (piart).) . 17, 26.135 E:XCIlIptlOl1S. The tenns ot' tliis diapter shali not apply to developmetits . or structures of two units. (Orcl. 28(1978) § 1(part).) ' 17.26,140 AppGcability. • Tlie terms of this chapter shall be applicable to coiido- minium proj-lcts that are commencedor converted after the effective date of the ordinance codified ici this chapter. (Ord. , 28(1973) § 1 (part).) . . , . . • . , . • _ . , ~ ' ~ \ ORDINANCE N0. 22 Series of 1987 AN ORDINANCE AMENDING SECTION 18.54.050 C.13, SECTION 18.12.090, AND SECTION 18.13.180 OF THE UAIL MUNICIPAL CODE TO ELIMINATE THE REQUIREMENT THAT DUPLEX AND PRIMARY/SECONDARY DWELLING UNITS BE ATTACHED; PROUIDING FOR UNIFIED SITE DEVELOPMENT OF DUPLEX AND PRIMARY/SECONDARY RESIDENTIAL UNITS AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, it is the opinion of the Town Council that requiring duplex and primary/secondary residential units to be attached does not always result in the best use of a given site, and WHEREAS, the Town Council believes that duplex and primary/secondary residential units may be developed on a given site in a more imaginative and more attractive fashion as separate units so long as there is unified site development with similar and compatible architectural design and coordinated landscaping and grading, and WHEREAS, the Planning and Environmental Commission has recommended such amendment to the Vail Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Section 18.54.050 C.13 is hereby repealed and reenacted with amendments to read as follows: 18.54.050 C.13 Duplex and primary/secondary residential.dwelling units shall be designed in such a manner as to create a unified site development. The intent of this section is to avoid the appearance of two unrelated dwellings on one duplex or primary/secondary lot. Unified site development shall require the use of similar and compatible architectural design. This includes materials (siding, roofing, trim, stone), roof forms, architectural style, balcony and window treatments, railings and other design elements. The unified site development shall include a coordinated landscape and grading plan that creates a visual appearance of a single development project. Common elements of linkage such as courtyards are encouraged to unify site development. The design of units as a single structure, and the utilization ~ of a single road cut is encouraged. Section 18.12.090 A. is hereby repealed and reenacted with amendments to read as follows: 18.12.090 A. A. Not more than a total of two dwelling units shall be permitted on each site with only one dwelling unit permitted on lots of less than fifteen thousand square feet, and not more than twenty-five square feet of gross residential . floor area (GRFA) shall be permitted for each one hundred square feet for the first fifteen thousand square feet of site area, plus not more than ten square feet of gross residential floor area shall be permitted for each one hundred square feet of site area over fifteen thousand square feet, not to exceed thirty thousand square feet of site area, plus not more than five square feet of gross residential floor area for each one hundred square feet of site area in excess of thirty thousand square feet. No two-family residential lot except those totally in the red hazard avalanche zone, or the floodplain, or those of less than fifteen thousand square feet shall be so restricted that it cannot be occupied by a two-family dwelling. Section 3. Section 18.13.080 A. is hereby repealed and reenacted with amendments to read as follows: 18.13.080 A Not more than a total of two dwelling units shall be permitted on each site, with only one dwelling unit permitted on lots of less than fifteen thousand square feet, and not more than twenty-five square feet of gross residential floor area (GRFA) shall be permitted for each one hundred square feet for the first fifteen thousand square feet of site area, plus not more than ten square feet of gross residential floor area shall be permitted for each one hundred square feet of site area over fifteen thousand square feet, not to exceed thirty thouand square feet of site area, plus not more than five square feet of gross residential floor area for each one hundred square feet of site area in excess of thirty thousand square feet. On any site containing two dwelling units, one of the units shall not exceed forty percent of the total allowable gross residential floor area (GRFA). No two-family residential lot except those totally in the red hazard avalanche zone, or the floodplain, or those of less than fifteen thousand square feet shall be so restricted that it cannot be occupied by a two-family primary/secondary residential dwelling. Section 4. 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 5. The repeal or the repeal and reenactment of any provisions of the Vail Municipal 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 repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND PASSED ON FIRST READING THIS day of , 1987, and a public hearing shall be held on this ordinance on the day of , 1987 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCEC, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1987. Paul R. Johnston, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk TO: Town Council FROM: Community Development Department DATE: July 7, 1987 SUBJECT: Primary/Secondary and Duplex Connection The proposed revisions to Section 18.54.050 C.13, Section 18.12.090 and Section 18.13.080 of the Municipal Code is a result of direction given to the staff during previous work sessions with the Town Council and the Design Review Board. The staff, following the options that were presented to them in December by the Town Council, has drafted legislative language to amend Section 18.54.050 C. 13. That language was, with minor changes presented to the Town Council and the Design Review Board in a later work session, and direction was given to continue along that line. A revised draft was presented to the Planning and Environmental Commssion. The Planning and Environmental Commission suggested some minor changes and additions to that wording. This wording is contained in the PEC memo dated June 24th that is enclosed with this memo. Upon consultation with our legal counsel, the PEC revised wording has not been incorporated into the ordinance. Counsel feels the wording recommended to PEC is better legislative language; therefore, that is the language that has been used in the ordinance. . The amendment of this section of the code also requires the amendment of two other sections. Those sections are the specific zone district descriptions of Primary/Secondary and - Duplex Zone Districts. Those sections at present contain the wording that requires both units to be built as a single structure. The amendment to those sections results in wording requiring one structure being removed from those sections. C TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 22, 1987 SUBJECT: Amendment to Section 18.54.050 C.13, Section 18.12.090 and Section 18.13.080 of the Municipal Code (Primary/Secondary Connection) Earlier this year, the Town Council, the Design Review Board and the Town staff inet in a work session to discuss the existing wording of Section 18.54.050 C. 13 of the Vail Municipal Code, which concerns the requirement for physical connection in the design of primary/secondary and duplex units. That existing wording concerning the primary/secondary and duplex connection in the Design Review Guidelines currently reads as follows: Section 18.54.050 C. 13. Duplex and Primary/Secondary Residential dwelling units shall be designed in a manner that contains the two dwelling units and garages within one single structure. However, in the event that the presence of significant site characteristics necessitate a site design which includes a physical separation of the two dwelling units and/or garages into separate structures, the DRB may approve the design. Such a design may be approved only when the separate structures are visually attached by means of the use of similar and compatible architectural design, colors, and materials and/or physically connected with fences, walls, decks or other similar architectural features. At the first work session in December, the staff presented several possible options for rewriting and amending this section of the Design Review Guidelines. After much discussion of the pros and cons of both options and discussion relating to what specifically the guidelines were trying to accomplish, the Council gave direction to the staff to refine and re-present the basic concept that was presented under the Option A. That Option A as presented at the work session read as follows: Option A. Rewrite Section 18.54.050 C.1 to eliminate the requirement for a physical connection of the units, and at the same time strengthen and clarify the design criteria which would be required in order to create a visual connection. This criteria could include a unified landscape plan for the entire lot, utilization of one road cut, compatible ~ materials such as siding, roofing, trim, stonework, roof forms, color schemes, balcony styles, window treatments, etc. This option would have completely eliminated requirements for a physical connection, thus allowing maximum flexibility in siting the units, in creating the scale of the units, and in creating spaces between the units. The design criteria would serve to unify the development on the site. There is concern on the part of the staff that this option could allow for development that would create the appearance of two separate single family dwellings on separate pieces of property, especially on less vegetated sites. This creates the visual appearance of density over and above that of the low density zoning. The staff rewrote this section of the Design Review regulations in the spirit and concept of the above option. This wording was reviewed with the Council at a work session in April and basically agreed upon. This wording would read as follows: 18.54.050. C. 13 (New draft) Duplex and primary/secondary residential dwelling units shall be designed in such a manner to create a unified site development. Unified site development shall require the ~ use of similar and compatible architectural design. This includes materials (siding, roofing, trim, stone), roof forms, architectural style, balcony and window treatments, railings and other design elements. The unified site development shall include a coordinated landscape and grading plan that creates a visual appearance of a single development project. Common areas such as courtyards are encouraged to unify site development. The intent of this section is to avoid the appearance of two unrelated dwellings on one duplex or primary/secondary lot. The design of units as a single structure, and the utilization of a single road cut is encouraged. The amendment to Section 18.54.050 C 13 of the Municipal Code will require an amendment to two other related sections of the code. The Density Control sections of both the Two Family Residential and Residential Primary/Secondary Zone Districts state that: "Not more than a total of two dwelling units in a single structure shall be permitted on each site..." Section 18.12.090 and Section 18.13.080 of the Municipal Code should be amended by deleting the phrase "in a single structure." ~ ~ STAFF RECOMMENDATION: The intent of the Council, Design Review Board and the staff is to create this guideline in such a manner that it will enable more freedom of design and siting of structures in development of primary/secondary and duplex residences. The concern of the parties involved is to maintain the ability to ensure that development is occuring in the spirit of the primary/secondary and duplex nature and is not an abuse of the zoning and subdivision regulations by creating separate and unrelated single family structures on duplex lots. The staff feels that this proposed amendment satisfies our intent while recognizing the concerns. We recommend approval of this request as written. The Design Review Board has reviewed the proposed wording and is in substantial agreement. They did request the staff to investigate the possibility of addressing the issue of adding a unit to existing development. Our attempts at addressing this issue have created awkward wording. The staff feels this issue is best addressed by applying the design criteria proposed in the amendment. ~ 4M, 75 south irontage road vail, colorado 81657 (303) 476-7000 oifice of commun(ty development TO: Planning and Environmental Commission FROM: Community Development Department DATE June 24, 1987 SUBJECT: Primary/Secondary Connection The following paragraph is a transcript of the final legisla- tive wording as devised during our 6/22 meeting. This wording will replace the existing Section 18.54.050.C.13 of the Municipal Code. Duplex and primary/secondary structures are encouraged to be in one structure. However, if the relationship of mass of the building to the size of the site is within appro- priate scale and a unified site plan for the entire lot is proposed, the DRB may consider the separation of structures. The intent of this section is to avoid the appearance of two unrelated dwellings on one duplex or primary/secondary lot. Unified site development shall require the use of similar and compatible architectural design. This includes materials (siding, roofing, trim, stone), roof forms, architectural style, balcony and window treatments, railings and other design elements. The unified site development shall include a coordinated landscape and grading plan that creates a visual appearance of a single development project. Common elements of linkage such as courtyards, common entries and walkways are encouraged to unify site development. The design of units as a single structure and the utilization of a single road cut is encouraged. If there are concerns regarding this language, please contact Rick Pylman at your earliest convenience. TO: Town Council FROM: Community Development Department DATE: July 7, 1987 SUBJECT: Sign variance request for poubletree Hotel APPLICANT: DTM Incorporated The Doubletree Hotel is requesting a sign variance to allow an additional building identification sign of 20 square feet to be placed approximately 65 feet above grade on the north elevation of the building. The staff worked extensively with the applicant to present this particular proposal which we felt was in line with the intent of the sign code and the previous approvals granted to the Marriott, the Holiday Inn, and the Raintree Inn. The Design Review Board recommended unanimous approval of the request. y. P TO: Design Review Board FROM: Community Development Department DATE: June 17, 1987 SUBJECT: Sign variance request for the Doubletree Hotel APPLICANT: DTM Vail, Inc. I. REQUEST ' The Doubletree Hotel is requesting a sign variance to allow an additional building identification sign of 20 square feet to be placed approximately 65 feet above grade on the north elevation of the existing building. The sign would be identical in size and design to the existing sign located on the east elevation of the building. The request requires a variance from the size, height, and number of signs that the sign code permits. The Doubletree Hotel, as a single business use, is allowed up to two wall signs with a maximum combined square footage of 20 square feet. The height allowable is 25 feet above existing grade. The Doubletree currently displays two wall signs, a 20 square foot sign on the east elevation facing the South Frontage Road and a sign of approximately five square feet on the southwest portion of the building. This sign is oriented toward the pedestrian pathway that leads down to the bus stop by the ice arena. There is also a sign marking the western entrance to the Doubletree Hotel parking lot along the Frontage Road. The request for additional signage requires a variance from the combined maximum square foot of 20. The total square footage with the proposed addition would be approximately 45 square feet. The request also requires a variance from the number of signs. The request is for a total of 3 wall signs, along with the entrance/traffic control sign. A third variance is requested for height. The sign location is approximately 65 feet above grade, although its distance above the level of the Frontage Road is approximately only 25 feet. Attached is the applicant's statement in support of the request. II. FINDINGS AND STAFF RESPONSES Before the board acts on a variance application, the applicant must prove physical hardship and the board must find that: . a A. There are special circumstances or conditions applying-to the land, buildin s, to o ra hy, vegetation, sign structures or other matters on adjacent lots or within the ad'acent ri ht-of-way which would substantially restrict the effectiveness of the sign in question; provided, however, that such special circumstances or conditions are unique to the particular business or enter rise to which the applicant desires to draw attention and do not apply generally to all businesses or enterprises. Staff Response: The Doubletree Hotel does have a legitimate identifi- cation problem due to the size and various exposures of the building and the fact that for the entire project they are allowed only two signs with a combined total allowable area of 20 square feet. The Raintree Inn, Holiday Inn, and Marriott Mark are hotels that have also recently received sign variances due to the size of their projects. Staff feels that the Doubletree Hotel has similar special circumstances that warrant this increase in the combined square footage for signage. We also recognize that due to the design of the Doubletree, it is difficult to.utilize one wall sign that has effective exposure to both east and west-bound travelers on the South Frontage Road. We feel that it is a legitimate request to have two signs relating to this exposure, and that it is also in the interest of the community to have signage oriented to the pedestrian area that relates to the Town of Vail bus route. With regard to the variance for height, while the sign itself is approximately 65 feet above grade, the Frontage Road is substantially higher than the finished grade of the Doubletree parking lot, and that circumstance mitigates the impact of the height request. B. That special circumstances were not created by the applicant or anyone in privy to the ap licant Staff Response: Special circumstances were not created by the applicant. , , . . , . . , ..a ~ C. That the grantin of the variance will be in eneral harmony with the pur ose of this title and will not be materially detrimental to the persons residin or working in the vicinity, to ad'acent ro erty, to the neighborhood, or to the ublic welfare in eneral. Staff Response: Generally, the staff feels that the sign is in harmony with the purposes of this title. Staff believes that the size, location and height are harmonious with the surrounding setting and will be compatible with the scale of the existing building. The size of the sign is in scale with the rest of the building and will not draw undue attention to itself. D. The variance applied for does not depart from the provisions of this title any more than is required to identify the applicant's business or use. Staff Response• The applicant is requesting an additional 20 square feet of signage beyound that which is existing and approximately 25 feet beyond what is allowed by the sign code. Given the size of this building and the difficulty orienting signage to the exposures of this building, staff feels that the applicant is not requesting a departure from the provisions of the _ sign code any more than is truly required to identify the applicant's business. III. STAFF RECOMMENDATION Staff supports the variance request for size, number of signs and height. Staff believes that the proposal is harmonious with the sign code's requirement that signage not call undue attention to itself. We feel that the request for the additional square footage does not depart drastically from signage allowed within the code and that the height request does not depart radically from the intent of that section of the code. We do feel that the height could be further mitigated by placing the sign as low as possible on the building face. Staff recommends approval of the request, recognizing that the applicant has a difficult site and has made a reasonable attempt to work with the sign code. ' , PROPOSED DOUBLETRE;E SIGNAGE: DTM Vail, Inc. desires to erect an additional building identification sign at the Doubletree Hotel. This sign would be located on the north face of the building and would serve to identify the building to those approaching the building from the north and the west. Currently the only identification of the building visible from the Frontage Road occurs on the east side and is visibly only to those approaching the building from the east. The existing signage is proposed to remain. The existing signage consists of one sign on the east wall of the building, one sign near the pool on the southwest portion of the building and one small freestanding sign located near one of the entry drives to the hotel. The new sign would be consistent with the design of the existing signs and would be located on a wall which is currently blank. (see attached sketch). The size of the proposed sign would be twenty (20) square feet which would be appropriate to the scale of the building and the wall face to which it would be attached. The height of the sign would be approximately sixty-five (65) feet above existing grade. The installation of the new sign would result in non- compliance with provisi.ons of the Town of Vail Sign Code. The si.griage would not comply with the regulations regardinq the ' maxi_mum heigtit of signs nor the maximum size of signs. Ther_efore a variance of those provisions is being requested. SpecificaZly, a va.riance to Section 16.20.210 Ilall Signs - Single Business Use is requested for the following reasons: l. Size - The maximum size of signs permitted is twenty (20) square feet. The proposed signage will be in excess of this requirement. 2. Heiqht - The sign to be applied to the north side of the building will exceed the maximum height: twenty-five (25) feet from the existing grade. This variance is being requested in accordance with Chapter 16.36 of the Vail Municipal Code and complies with the propose sect'-ion of that chapter. The variance is requested to lessen the practical difficulties associated with strict compliance of the provisions of the sign code. The difficulty arises because of the size of the structure and the relationship of the structure to its surroundings. The variance is requested to properly and adequately identify the building and will not be detrimental to persons residing or working in the vicinity, to adjacent property, to the neighborhood or to the public welfare in general. ~ ~ v. . . ' . ' ~ ~ . - , . . •ti _ 'c,~~~.~,,•q.r~~. . . . . , , . _ , . . . • • . ' . , ' . • • ~ ' . . . , . . , . , • , ' . , , , ' , ' , • • . . , • ' , ~ ' • , < IC' ~DOUBLETUE . . • ~ : ~ ~ p, . - r-- _h : . ~ . I ( . . . . HOTEL ~ ~ I . . . . . . ~ . . • . . . . . . . If . . . ~ ~ ~ ~ ~ . ~ , . - - ~ . . _ . ~ . , : . - . . . . ~ ~ ; . , . . . . ~ . ~ . ~ ~ ~ : ~ ~ ~ . ~ . . • ~ , . . . , . • . • ~ . . i ~ , . . , . , . „ . . ; . . • • . • ~ . . • , , • . . ' , . . . . . . : . . , , . ~ , ' Id. , ~ ~ ' • - • • . . - . • • ' I , ~ . • , :~::i:'` ' . ~ • ~ . ~ • . • . • } " , ~ . . . , . . . , ~ . . . . . . • • . ' ' . . , . _ ~ : . . . • . . ~ • ~ . . . ~ ~ . ; _ , ~ , . ' . ' . . . Z . . ' ` . . . . . . ~ - • ~ . ,70 . V . ~ • / _ . . . . ~ I\ ~ ~ t, i ~ • ~~i I •i „ . ~ ~ ~'J~ 1 ~ . • ~ 1 1 a ~1' ~ ~I~ ~J~, . i' ; . ~ ; ; : II" 'I : : ~ ~ ~ I~~ i al~~ll~~~ ''II; . ; ~ i~ ~ , -~~I; ,.ii~ . , ~i', ' 4 1 I , i~ ~ ~li I ; i i~l I TO: Town Council FROM: Community Development DATE: July 7, 1987 SUBJECT: A request for a density variance in order to enclose a deck at Unit 2, Capstone Townhouses, Lot 21, Re- subdivision of Buffehr Creek Subdivision APPLICANT: Mr. Lee Rimel The applicant, Mr. Lee Rimel, is requesting a density variance in order to enclose a 79 square foot second story balcony of Unit 2, Capstone Townhouses. Capstone Townhouses is currently over their allowable GRFA, and as a six unit townhouse do not qualify for exterior applications as allowed in Ordinance 4. In a multi-family building, Ordinance 4 may be utilized for interior additions only. On June 8, the Planning Commission in a 3-1 vote, voted to approve Mr. Rimel's request. The members of the Planning Commission voting for the project felt that there was some practical hardship in this case, due to the annexation from Eagle County and the subsequent zoning put in place by the Town of Vail that created the nonconforming situation. The Planning Commission member voting against the approval recog-nized that there were many other projects in the community that were in the same position and felt that this project did not meet the criteria of previous approvals and the criteria of Ordinance 4. The staff recommendation on the request is for denial. The staff recommendation to the Town Council is that the PEC decision be overturned. 1 , C TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 8, 1987 SUBJECT: A request for a density variance in order to enclose a deck at Unit 2, Capstone Townhouses, Lot 21, Resub- division of Buffehr Creek Subdivision Applicant: Mr. Lee Rimel I. DESCRIPTION OF VARIANCES REQUESTED The applicant, Mr. Lee Rimel, is requesting a density variance in order to enclose a 79 square foot second story balcony of Unit 2, Capstone Townhouses. The Capstone Townhouses were constructed in 1979, within the jurisdiction of Eagle County. The Eagle County zone district at the time of the development was Residential Multi-Family. Upon annexation of the property to the Town of Vail, the zone designation assigned to Capstone Townhouses was Primary/Secondary. This created non-conformance with GRFA and Unit number density requirements of that zone district. The allowable GRFA on this site under the Primary/Secondary zoning is 6,379 square feet. The existing GRFA is 9,183 ~ square feet. By enclosing the deck as requested, the applicant would be adding 79 square feet of GRFA to the site. If this project had remained under Eagle County jurisdiction, there would be development rights available to complete this enclosure. Attached is applicant's request. II. CRITERIA AND FINDINGS Upon review of Criteria and Findings, Section 18.61.060 of the municipal code, the Department of Community Development recommends denial of the requested variance based upon the following factors: Consideration of Factors: The relationship of the requested variance to other existin or potential uses and structures in the vicinity. The proposed deck enclosure is compatible with the existing residential uses in the area. An approval of this variance has potential to set a precedent in relation to several other projects within the community that were annexed from Eagle County to the Town of Vail and purposely zoned primary- secondary in order to freeze development on these sites. ~ . " ' ~ • . C The degree to which relief from the strict and literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without grant of special privilege. The Community Development Department feels that approval of this request would be a grant of special privilege due to the fact that there is no physical hardship which would warrant the variance. It is the applicant's responsibility to prove physical hardship, and the fact that the approval of the variance would not be a grant of special privilege. In 1985, the Community Development Department, the Planning Commission and the Town Council decided to attempt to create a venue which would allow property owners within Vail to upgrade their property through small GRFA additions without having to prove the difficult argument of physical hardship and grant of special privilege. Ordinance 4 of 1985 was eventually adopted to allow for small GRFA additions without the need for density variance approval. This ordinance does not provide a means for allowing exterior additions to units in multi-family buildings. Multi-family structures were omitted due to concern about the potential of wholesale balcony enclosures on multi-family buildings that may create negative impacts through bulk, mass and design impacts. With ~ respect to this specific request, Ordinance 4 does not provide any relief from having to review multi-famiy additions with the density variance criteria. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and ublic safety. There are no significant impacts on any of the above factors. Such other factors and criteria as the commission deems applicable to the proposed variance. III. RELATED FACTORS IN VAIL'S COMMUNITY ACTION PLAN Community Design 2. Upgrading and remodeling of structures and site improvements should be encouraged. This proposal for the deck enclosure supports and meets this ~ criteria of the Community Action Plan policy. . ! . IV. FINDINGS The Planning and Environmental Commission shall make the following findings before granting a variance: That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. That the variance is warranted for one or more of the following reasons: The strict or literal interpretation or enforcement of the specified regulation would result in practical difficultly or unnecessary physical hardship inconsistent with the objectives of this title. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. ~ The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. V. STAFF RECOMMENDATION The Community Development Department must recommend denial of this request, as we cannot support the density variance without the demonstration of physical hardship. There are many other properties within the Town of Vail that are in the same zoning nonconformance as the Capstone Townhouses. The Eagle County and corresponding Town of Vail Medium Density Multi-Family zone districts differ in their density allowances. If the Town of Vail had zoned these properties with the corres-ponding Medium Density zone district, there would have been creation of both GRFA and Unit density rights on many parcels that were annexed. At that time, it was not the intention of the Town of Vail to allow further development on those sites. That is the reason the Primary/Secondary zone district was utilized for these properties. Ordinance 4 of 1985 was an attempt to maintain the integrity and density desires of the original annexation and zoning ~ actions while meeting some of the policies of the Town of Vail regarding upgrading and remodeling of structures. Unfortunately, legal and design problems restricted this ordinance from addressing multi-family dwellings. ~ REQUEST FOR DENSITY CONTROL VARIANCE ~ Capstone Townhouses, Unit 2 Lot 21 A Resubdivision of Buffer Creek Town of Vail, Colorado The applicant wishes to enclose an existing balcony on Unit 2 of the Capstone Townhouses to provide needed living space for he and his family in their primary residence. The property is currently zoned Primary/Secondary Resi- dential with a six unit structure which is nonconforming with Section 18.13.080 Density Control. Therefore, the proposed enclosure requires a density control variance to allow an additional 79 square feet of gross residential floor area. The Capstone Townhouses were constructed in 1979 when the property was regu- lated by Eagle County and zoned Residential Multiple Family. Upon annexation of the property, the zone designation was changed, thus making the project GRFA non-conforming with the Town of Vail regulations. The Primary/Secondary uensity requirements are not consistant with the neighborhood and impose apractical difficulty to the upgrading and remodeling of the Capstone Town- house units. The adjacent proptery to the north is zoned Medium-Density Multiple-Family, other properties in the area are zoned Residential Cluster and Public Accomo- ~ dation, most of the existing development in the vicinity is multi-family. The Land Use Plan adopted in 1986 designates the preferred use for this property as Medium Density Residential. The granting of this variance will ' allow the applicant a density which is consistant with other sites in the vicinity and will not be a grant of special privilege. With the proposed additional GRFA, Unit 2 will have a total GRFA of 1,695 square feet. In the future, should the owners of each of the other five Capstone units elect to increase their GRFA accordingly, the total building density would be 10,170 square feet. This total is consistant with the adja- cent property density as per the attached Medium-Density Multiple-Family District Zone Review. Since the Additional GRFA requested will be gained by enclosing an existing balcony, the site will not be further impacted by the granting of this variance. Furthermore, it will not effect the light and air, distribution of population, transportation and trafffic facilities, public facilities and utilities, or public safety. ' We respectfully request that this variance be granted. ~ b r\ • • ZONE REVIEW ~ Capstone Townhouses Lot 21 A Resubdivision of Buffer Creek Town of Vail, Colorado ZONE DESIGNATION: Primary/Secondary Residential District LOT SIZE: 52y577 square feet 18.13.080 DENSITY CONTROL ALLOWABLE GRFA: 6,379 square feet EXISTING GRFA: Unit 1- 1,616 Unit 2- 1,616 + 79 ADDITIONAL = 1,695 square feet TOTAL Unit 3 - 1,445 Unit 4 - 1,616 Unit 5 - 1,445 Unit 6 - 1,445 Total 9,183 square feet PROPOSED ADDITIONAL GRFA: _ 79 square feet ~ PROPOSED TOTAL GRFA: 9,262 square feet 18.13.090 SITE COVERAGE ALLOWABLE COVERAGE: 20% x 52,577 = 10,515 square feet EXISTING COVERAGE: 5,053 square feet PROPOSED ADDITIONAL COVERAGE: 79 square feet PROPOSED TOTAL COVERAGE: 5,132 square feet THE FOLLOWING DENSITY FIGURES WOULD APPLY IF THE CAPSTONE TOWNHOUSES WERE ZONED MEDIUM-DENSITY MULTIPLE-FAMILY DISTRICT: 18.18.090 DENSITY CONTROL ALLOWABLE GRFA: 35% buildable site area* x 38,570 = 13,500 square feet ALLOWABLE GRFA PER UNIT: 13,500 = 2,250 square feet 6 XLot Size: 52,277 square feet ~ Site Area in Excess of 40% Slope: -142007 square feet Buildable Site Area: 38,570 square feet ~ YC - A A'a ' O THE TOWN OF VAIL FINANCE DEPARTMENT CORDIALLY INVITES YOU AND YOUR FAMILY TO ATTEND THE ANNUAL TOWN OF VAIL EMPLOYEE PICNIC DATE: FRIDAY, JULY 10, 1987 d ' . O ~ w TIME: 2:00 P.M. PLACE: BIGHORN PARK, VAIL THE MENU INCLUDES PLENTY OF: SPARERIBS POTATO CHIPS FRIED CHICKEN CHERRIES HAMBURGERS STRAWBERRIES HOT DOGS FRESH SPRING FRUIT MIX BRATWURST HAWAIIAN SALAD HOMEMADE GREEN CHILI APPLE & CHERRY PIES POTATO SALAD CHOCOLATE CAKES SEAFOOD SALAD CONDIMENTS SODA, BEER & WINE COOLERS WILL ALSO BE PROVIDED THE RECREATION DEPARTMENT HAS SET UP TEAM COMPETITION EVENTS INCLUDING VOLLEYBALL TOURNAMENTS, PIE EATING CONTESTS, A BEER RELAY, A WATERMELON SEED SPITTING CONTEST, AN EGG ROLLING CONTEST, AND A STONE SKIPPING CONTEST (FUN! FUN! FUN!). HOPE TO SEE YOU AND YOUR FAMILY THERE!!! CCD o, o _o ,y lowo, of 75 south trontage road department oi public works/transportation vail, colorado 81657 (303) 476-7000 MEMORANDUM T0: RON PHILLIPS FROM: STAN BERRYMAN DATE: JULY 3, 1987 RE: MAJOR PROJECTS STATUS UPDATE VILLAGE TRC ROOF REPLACEMENT Project completed 4-WAY STOP IMPROVEMENTS Project completed Morter to replace two lights illuminating entryway sign with "less intensity" lights CHILDREN'S FOUNTAIN CONCRETE Project completed Six slabs of damaged concrete broken out and re-poured STREET LIGHTS - GORE CREEK PROMENADE 4 street lights installed WEST VAIL STREET IMPROVEMENT DISTRICT Town crews have installed 907 of storm sewer system , B&B and utility companies have completed 807 of utility stub-outs to undeveloped lots Pavement recycler has pulverized 807 of existing road surface as rough preparation B&B will begin pouring concrete drainage pans and performing final paving preparation next week I o> aMEMORANDUM TO RON PHILLIPS REGARDING MAJOR PROJECTS STATUS UPDATE JULY 3, 1987 . PAGE 2 FOREST ROAD BRIDGE Bridge tees set last week Completion target date: mid-August I-70 INTERCHANGE After several meetings with the Federal Highway Administration (FHWA) and the Colorado Department of Highways (CDOH) the Environmental Assessment and Interstate Access Modification Application continue to be revised Final drafts target completion date: Mid-July Closing date for Environmental Assessment scoping comments: July 8, 1987 SIGNAGE IMPROVEMENT PROGRAM The consultants (Shapins/Moss, BRW, and Ampersand Studios) are currently completing an inventory of existing town signage. The . Transportation/Parking Task Force will meet with the consultants on July 16. CASCADE BIKE PATH Project to begin mid-July RECREATIONAL PATH MAINTENANCE Project to begin mid-July STREET MAINTENANCE (ROUTINE PATCHING) To begin mid-July " BLACK GORE BRIDGE Replacement to begin in the fall 4VOH tow75 south irontage road office of the town manager vail, colorado 81657 (303) 476-7000 July 1, 1987 Ms. G. Elizabeth Cordier The Great American Lobsterbar, Inc. 223 East Gore Creek Drive Vail, Colorado 81657 RE: Amplified Sound Permit ` Dear Ms. Cordier: An amplified sound permit was issued to you effective_May 28, 1987 for a period of 30 days to June 26, 1987. As stated in the conditions for the amplified sound permit your performance pursuant to those conditions was reviewed. In the review process, we took into account comments both written and oral which we have received from surrounding property owners concerning your use of amplified sound during the period up to June 26. We have received the following comments: 1. Amplified music is frequently played until 9:30 or 10:00 p.m., and at least twice in the last two weeks was loud enough to easily discern lyrics on adjacent properties. 2. On Tuesday, June 24, 1987, Billy Idol was played from 9:00 until 10:30 p.m. 3. On Saturday, June 13, 1987, contemporary jazz was played until approximately 10:00 p.m. These complaints indicate that the Great American Lobsterbar, Inc. is in direct violation of the conditions for the amplified sound permit which was granted effective May 28, 1987. Because of those violations, Ms. G. Elizabeth Cordier July 1, 1987 Page 2 the amplified sound permit will not be renewed and amplified sound _ should immediately be discontinued on the premises of the Great American Lobsterbar, Inc. In accordance with Section 8.24.060 I, you have the right to appeal this decision by filing such appeal with the Town Council within thirty (30) days of the date hereof. Since y, ~ Rondall V. Phillips Town Manager RUP/bsc Pr:,i„i, Revised: 7/ 2/1987 TOWN OF VAIL REAL ESTATE TRANSFER TAX History and Budget ~ 1986 1980 1981 1982 1983 1984 1985 1986 ; 1987 1987 BUDGET MONTH ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL ; BUDGET ACTUAL VARIANCE January 63,999 98,089 106,981 119,972 78,053 80,733 101,374 ; 83,191 130,231 47,040 February 40,595 69,018 105,024 132,220 86,289 170,052 64,906 ; 81,801 43,980 ( 37,821) March 69,886 126,935 109,533 137,820 62,693 63,831 92,557 ; 82,747 38,791 ( 43,956) April 76,855 94,653 65,900 103,526 173,321 90,396 182,743 ; 96,338 95,554 ( 784) May 42,738 84,324 54,663 90,599 96,006 228,673 98,651 ; 75,862 120,984 45,122 June 62,239 125,433 54,488 140,638 76,467 49,513 79,915 ; 71,266 73,782 2,516 Subtotal 356,312 598,452 496,589 724,775 572,829 683,198 620,146 ; 491,206 503,322 12,116 July 49,367 186,110 104,262 68,539 157,598 88,528 70,441 ; 87,508 August 79,859 115,499 71,282 97,806 58,937 32,860 100,182 ; 72,969 September 59,800 113,992 49,332 96,746 64,671 48,516 108,167 ; 67,721 October 108,510 154,000 42,498 122,546 88,732 109,633 93,860 ; 93,572 November 102,623 107,768 81,698 91,385 105,109 74,909 89,047 ; 84,020 December 142,662 133,867 110,911 56,533 81,890 333,139 106,695 ; 103,004 TOTAL 899,133 1,409,688 956,572 1,258,330 1,129,766 1,370,783 1,188,538 ; 1,000,000 503,322 12,116 SIDNEY SCHULTZ-ARCHITECT - . 141 EAST MEADOW DRIVE , VAIL, COLORADO 81657 303/476-7890 Members of the Town Council, ' ~ Town Manager Ron Phillips Town of Vail 75 South Frontage Road Vail, Colorado 81657 I regret the misunderstanding many of you had with the letter of June 17 from me and four other members of the Planning Commission to the Highway Department. I don't think any of the Commissioners wished this letter to be construed as confronta- tional with the Council. We were simply responding to a letter from the Highway Department addressed to the Planning Commission asking for our opinion and comments. Since this has been the only time the Planning Commission has been asked for imput on , this issue, I felt obligated to give my opinion. While I do _ agree with each of the points made in the letter, these are my "opinions" based on the limited facts that have been made avail- able to me. These are also the opinions of very many people I have spoken with in Vail. ' I disagree with those who._say that everyone waited until the last minute to voice their concerns on this issue. I can remem- ber public meetings where citizens did voice their opposition to Highway Department proposals, numerous letters of opposition in local newspapers and I have personally discussed my concerns with Staff inembers. It seems only natural for people to object the loudest when faced with a deadline for voicing those objections. It is unfortunate that the Commission had only a few days to respond to the Highway Department letter and could not meet with ' the entire Council to discuss our concerns. We did contact those members of the Council who were available prior to the mailing of " the letter and Staff was aware of our intent several days before the deadline. It seems to me that for most problems there is almost always more than one solution. As I understand the Highway Department's proposal, I am not sure that it is.the best solution. I look forward to reviewing the additional materials from the Highway Department and hope that with all of the facts the Planning Commission and Town Council can agree on what will be best for the long-term interest of Vail. Sincerely, . Sidney Schultz, AIA i' MEMBER. THE AMERICAN INSTITUTE OF ARCHITECTS h 1 ' , ' ~ 1 1 ~ I L T A I AT 1r•_r [-\.,I INFORtv1AT I ON BOOT H 1 YE4F;L'f GUESi" CA I•M1'T5 2370(P) 1 2267(P) 2961(P) 13424( ) 13325(V 3284(P) 3361(P) 2762(P) ~ J 10346(V 10949 V 11043(V c-D C) 1396(P) U-' 7210(V) 1524(P) ~ ~ ~682 V 2021(P) 1471(P) CL ~ 4203(p 4301(V) 4932(V) W ~ 6 [7] ;A,- 867(P) r 3249(V) ~ ~ ~ ~ ~ .-A I PTP C) L~ i A 0 1.1 D J F ~d A tvi u u L, ~ ~ ~ ~ ~ a p ci n I g p t v 0 ri b r r y ki9 ONTH S E] VISITORS PHONE CALLS aErwEEN rY~ FRNr5 31Z . i TM 1989 WORLD ALPINE ~ • ~ ~ B HIPS ~ SKI t } ~ ~ i t R -'E'K VE CRE, i VAIL/BEA • 1 I G t I COIOf KEy 1 ~ ~ B:hlue PMS299 A-pue PM5312 S G'grom PUS333 ~ TM TM . TM ~ , ! p 9. ~ ~ C\ . ~ ~ io R, A S6 e / ro ~ ~E A ~ f ~ G ~ ~ 1989 WORLD ALPINE K CHAMP ONSH PS SKI CHAMPIONSHIPS VML1989 : ~ VAIL/BEAVER VAIL/BEAVER CREEK CREEK ~ ~ ~ The Vail Valley Home of the 1989 World Alpine Ski Championships 6 July 1987 • Mr. Ron Phillips Town Manager Town of Vail P.O. Box 100 Vail, CO 81658 Dear Ron: Stan Berryman provided me with a substantial amount of background material regarding the signalization and ramp proposals. Unfortunately I cannot attend the July 7th meeting with the Town Council regarding this issue. Consequently, I would like to take this opportunity to convey my thoughts. Running the risk of gross oversimplification, it seems to-me that tfiere are two major issues and several related but lesser issues. First is the proposal for the Lionshead on/off ramp and, second, is the proposal for signalization at the main Vail interchange. It appears that if traffic flowing into and out of the main Vail interchange can be managed more efficiently, the requirement for signalization begins to disipate. I believe that the major concern many people in the community have, including myself, is the appearance of the signals at the main Vail interchange, Vail's "front door." I think there are also concerns about the effectiveness of the signals resolving the traffic problem, especially during peak demand periods. If the design and construction of the Lionshead on/off ramp can be completed separate from the installation of the signals at the main Vail interchange, much of the concern voiced recently could be resolved. I say this realizing that additional traffic managment efforts will have to be implemented. Manual traffic control, seasonal traffic management, an increase in communication and cooperation, the closing down, as required, of the present eastbound off ramp, even the implementation of daily peak period traffic control - all directed at keeping traffic out of the main Vail interchange - could alleviate the problem. An option which should be reconsidered is the installation of an on ramp located east of the Vail parking structure linking the eastbouth south frontage road to eastbound I-70. That ramp alone, perhaps installed at the Booth Creek underpass, would do a considerable amount to eliminate the departing afternoon eastbound traffic problems. I noted several comments in the various materials provided me seem to indicate that some of the above mentioned measures might, in fact, be appropriate to resolving the traffic problem. Among those are the following: o Rosall Remmen & Cares memorandum - June 27, 1986. This memo seems to indicate that manual traffic control is at least an alternative to the introduction of signalization. "It is our conclusion based upon the best available date that the proposed Vail Master Plan through the completion of Phase V, which includes only category I and II improvements can be accommodated without requiring new capital improvements to the four-way stop, beyond the introduction of signalization or the presence of traffic control officers." (Emphasis mine.) o Vail Traffic Counts, Centennial Engineering - March 1986. It struck me as odd that the date selected, March 21 and 22, 1986, was, by everyone's admission, probably the single busiest weekend of the season. The date was selected to coincide as closely as possible with the March 26 and 27, 1983 traff'ic count study date. My point is that these two calendar dates don't necessarily bear any resemblance to one another with respect to seasonal impacts. It seems that the trend established is somewhat skewed to the point of showing a situation which is not quite as adverse as portrayed by the 1986 study. I don't mean to underestimate the severity of the problem. It is clear that the trend is increased traffic impact on the four-way stop. However, I think the study date selected shows a far greater increase in traffic utilization than was actually the case, especially in relation to the 1983 study date. In the same study, it is acknowledged that "The appropriate design hourly volume is generally considered the 30th highest hourly volume occurring during the year." However, the study goes on to say that "no ranking has been...computed for 1986, as was done in 1983 because the information was not provided." Establishing the appropriate design hourly volume appears to be crucial to determining the present impact on the four-way interchange and the requirement for signalization. It is also obviously crucial in establishing the comparable between 1983 and 1986. o Rosall Remmen & Cares memorandum - June 27, 1986, the Environmental Assessment - December 9, 1986, the Application for Interstate Access Modification - June 19, 1987 and others. Al1 these studies indicate that the problem appears to be most crucial in the afternoon hours. Al1 of the documents I read seem unanimous in this observation. The installation not only the Lionshead on/off ramp to expedite traffic in and out of the Lionshead area, but also the installation of an eastbound on ramp from the Frontage Road to eastbound I-70 would reduce a majority of this problem as it relates to the main Vail interchange. It seems to be true that a variety of other mitigative measures to manage traffic flow into and out of the interchange will also have to be implemented. In conclusion, I believe the solution lies not necessarily with the signalization of the interchange, but rather with other means of access between I-70 and the frontage roads. Installation of the ramps, both at Lionshead and, if possible, at Booth Creek or somewhere east of the Vail Village parking structure, should be reconsidered as an alternative to installation of signals. I appreciate the time and consideration given to the Planning Commission's concerns regarding this issue. I hope my comments are meaningful to the problem. Yours truly, . ~ ~ame J. Coll' s e -er anning and Environmental Commission jc76d