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Home My WebLink About1988-12-20 Support Documentation Town Council Regular SessionVAIL TOWN COUNCIL REGULAR MEETING TUESDAY, .DECEMBER 20, 1988 7:30 p.m. AGENDA 1. Ten Year Anniversary Award to Mark Benson 2. Resolution No. 45, Series of 1988, a resolution honoring Lesley Davies for her outstanding achievement of being the first woman to solo fly a hot air balloon over the Continental Divide. 3. Ordinance No. 38, Series of 1988, second reading, an ordinance repealing and reenacting Chapter 5.04 Annual Business License; and setting forth details in regard thereto. 4. Consent Agenda A. Ordinance No. 28, Series of 1988, second reading, an ordinance amending Section 18.39.030 of the Municipal Code of the Town of Vail by the addition of paragraphs C and E setting forth uses which shall be permitted outside the main building in the ski-base recreation zone district; and setting forth details in regard thereto. B. Ordinance No. 35, Series of 1988, second reading, an ordinance making supplemental appropriations from the Town of Vail Lionshead Mall Improvement Fund, West Vail Street Improvement Fund, and the Health Insurance Fund of the 1988 budget and financial plan for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein. C. Ordinance No. 36, Series of 1988, second reading, an ordinance amending Chapter 18.71 of the Municipal Code of the Town of Vail to provide that single family dwellings which are totally removed and replaced shall be entitled to be considered for additional gross residential floor area according to the terms of said chapter; and setting forth details in regard thereto. 5. Ordinance No. 40, Series of 1988, first reading, an ordinance repealing and reenacting Chapter 18.46 of the Town of Vail Municipal Code, Special Development District No. 4; and setting forth details in regard thereto. 6. Ordinance No. 39, Series of 1988, first reading, an ordinance amending Chapter 16 of the Vail Municipal Code to include Section 16.20.025, Daily Special Boards to allow for the display of daily special boards under certain conditions and to define said boards and setting forth details in regard thereto. 7. Ordinance No. 37, Series of 1988, first reading, an ordinance amending various sections of Chapter 18 of the Vail Municipal Code and repealing and reenacting Section 18.58.310, Short Term Rental Accommodation Unit of the Municipal Code to provide for bed and breakfast operations under certain provisions and circumstances and to define bed and breakfast and setting forth details in regard thereto. 8. Resolution No. 46, Series of 1988, a resolution approving a service agreement between the Town of Vail and the Vail Metropolitan Recreation District. CITIZEN PARTICIPATION 9. Adjournment . , ~~ VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, DECEMBER 20, 1988 7:30 p.m. EXPANDED AGENDA 7:30 1. Ten Year Anniversary Award to Mark Benson 7:35 2. Resolution No. 45, Series of 1988, honoring Lesley Davies Ron Phillips for her solo flight over the Continental Divide Action Requested of Council: Approve/deny Resolution No. 45, Series of 1988. Background Rationale: This resolution will honor Lesley for her outstanding achievement of being the first woman to solo fly a hot air balloon over the Continental Divide. Staff Recommendation: Approve Resolution No. 45, Series of 1988. 7:40 3. Ordinance No. 38, Series of 1988, second reading, regarding Jim Gibson business license fees for marketing Action Requested of Council: Approve/deny Ordinance No. 38, Series of 1988, on second reading. Background Rationale: The Marketing Committee has recommended an ordinance for Council action after meeting with restaurateurs and discussing other suggestions on the formula. Staff Recommendation: Approve Ordinance No. 38, Series of 1988, on second reading. 8:20 4. Consent Agenda Peter Patten A. Ordinance No. 28, Series of 1988, second reading, adding certain sections back into the ski base/recreation district which were inadvertently omitted earlier this year Action Requested of Council: Approve/deny Ordinance No. 28, Series of 1988, on second reading. Background Rationale: When the ski base/recreation zone district was amended to provide for the Children's Center, there were existing sections left out due to an administrative error. This ordinance puts those sections back into the district. Staff Recommendation: Approve Ordinance No. 28, Series of 1988, on second reading. Steve Barwick B. Ordinance No. 35, Series of 1988, second reading, a supplemental appropriation for 1988 fiscal year Action Requested of Council: Approve/deny Ordinance No. 35, Series of 1988, on second reading. Background Rationale: The Town's financial auditors have informed us that we should now be budgeting for the expenditures of three Town funds which have not been budgeted in the past. The Lionshead Mall Improvement Fund, the Health Insurance Fund, and the `# West Vail Street Improvement Fund have existed in past years but have not been budgeted. Staff Recommendation: Approve Ordinance No. 35, Series of 1988, on second reading. Peter Patten C. Ordinance No. 36, Series of 1988, second reading, amending Chapter 18.71 of the zoning code relating to additional 250 square feet of GRFA Action Requested of Council: Approve/deny Ordinance No. 36, Series of 1988, on second reading. Background Rationale: The Council and PEC have requested changes in the existing ordinance to allow residences to be demolished and rebuilt. The ordinance allows for this as well as some other minor changes. The PEC approved the amendments by a 4-0 vote on November 28, 1988. At this time, the ordinance is on a PC which has gone bad, and printing the ordinance with the changes requested at first reading is not possible. We are working on the problem, and the revised ordinance will be hand delivered to you Monday, or at your places for Tuesday Work Session. Staff Recommendation: Approve Ordinance No. 36, Series of 1988, on second reading. 8:35 5. Ordinance No. 40, Series of 1988, first reading, repealing Kristan Pritz and reenacting Chapter 18.46, Special Development District No. 4, Cascade Village Action Requested of Council: Approve/deny Ordinance No. 40, Series of 1988, on first reading. Background Rationale: Amendments to SDD 4 concern Area A - Cascade Village and Area D - the Glen Lyon Office property. The micro-brewery is proposed to be located at the Glen Lyon Office site. (Applicants: Vail Ventures, Ltd. and Glen Lyon Office Building, Inc., a Colorado partnership) Staff Recommendation: Approve Ordinance No. 40, Series of 1988, on first reading. 10:35 6. Ordinance No. 39, Series of 1988, first reading, regarding Peter Patten daily special boards Action Requested of Council: Approve/deny Ordinance No. 39, Series of 1988, on first reading. Background Rationale: Several months ago, discussion was held with Council to develop guidelines to allow .the restaurants to display a daily special board. The staff developed guidelines which were recommended by Council and the Design Review Board. The guidelines have now been developed into ordinance form and staff seeks approval to allow restaurants to legally display the special chalkboards. Staff Recommendation: Approve Ordinance No. 39, Series of 1988, on first reading. 11:00 7. Ordinance No. 37, Series of 1988, first reading, regarding Peter Patten bed and breakfasts Action Requested of Council: Approve/deny Ordinance No. 37, Series of 1988, on first reading. Background Rationale: There is a desire on the part of PEC and Council to allow bed and breakfast operations in the -2- Town under certain conditions and review processes. The ordinance makes the necessary changes in the zoning code to accomplish this. Staff Recommendation: Approve Ordinance No. 37, Series of 1988, on first reading. 11:20 8. Resolution No. 46, Series of 1988, regarding the TOU/VMRD Larry Eskwith Agreement Action Requested of Council: Approve/deny Resolution No. 46, Series of 1988, authorizing an agreement between the Town and VMRD. Background Rationale: The agreement is the culmination of negotiation between the Town and the VMRD for the consolidation of recreation services. The agreement transfers the responsibility of all recreation services to the VMRD and gives them a license to use TOV owned recreation facilities. CITIZEN PARTICIPATION 11:50 9. Adjournment -3- A RESOLUTION HONORING LESLEY DAVIES FOR HER OUTSTANDING ACHIEVEMENT OF BEING THE FIRST WOMAN TO SOLO FLY A HOT AIR BALLOON OVER THE CONTINENTAL DIVIDE. WHEREAS, Lesley Davies, through her excellent performance made an outstanding achievement of being the first woman to solo fly a hot air balloon over the Continental Divide; and WHEREAS, Lesley Davies' historic flight originated with her ascension/lift off from Ford Park in Vail, Colorado; and WHEREAS, congratulations are due to Lesley Davies for her achievement as the first woman to solo fly a hot air balloon over the Continental Divide. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, that: The Town Council hereby expresses the Town's pride in the accomplishments of Lesley Davies in her historic solo flight and also expresses their appreciation and congratulations for her extraordinary achievement in being the first woman to solo fly a hot air balloon over the Continental Divide. INTRODUCED, READ, APPROVED AND ADOPTED this day of December, 1988. ATTEST: Kent R. Rose, Mayor Pamela A. Brandmeyer,-Town Clerk ORDINANCE N0. 38 Series of 1988 AN ORDINANCE REPEALING AND REENACTING CHAPTER 5.04 ANNUAL BUSINESS LICENSE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town Council has held numerous public meetings to determine what municipal projects the public wishes to have public funds expended upon; and WHEREAS, increased marketing of tourism by the Town was the number one goal of the members of the general public who attended those meetings; and WHEREAS, the Town Council wishes to implement the desires of the inhabitants of the Town of Vail in regards to increased marketing of tourism; and WHEREAS, the Town Council of the Town of Vail believes that it is in the best interests of its citizens to increase expenditures for the purpose of marketing tourism; and WHEREAS, in order to increase such expenditures, the Town believes it is necessary to change the structure of the business license fee to raise additional funds in a fair and equitable manner. WHEREAS, for the purpose of establishing the business license fee for each category of business set forth herein, the Town Council believes that is appropriate to divide the Town into two (2) zones as set forth in Exhibit A and incorporated herein by reference, for the following reasons: A. Zone 1 has greater pedestrian traffic than Zone 2. B. Zone 1 is in closer proximity to Vail Mountain ski lifts than Zone 2. C. Zone 1 is the beneficiary of municipal special events to a greater extent than Zone 2. D. Zone 1 has greater tourist and visitor activity than Zone 2. NOW, THEREFORE, BE IT ORDAINED 8Y THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, that: 1. Chapter 5.04 Annual Business License is hereby repealed and reenacted with amendments to read as follows: 5.04.010 Purpose The purpose of this Chapter shall be to require the licensing and regulation of business activities, occupations and enterprises .conducted within the Town of Vail, to provide the Town of Vail with necessary information relating to businesses and professions operating within the Town and to generate and raise additional revenues for the Town of Vail for the purpose of marketing and promoting the Town of Vail and its environs as a year round resort, to promote and market activities and events beneficial to the economic health of the community. 5.04.020 Definitions For the purposes of this Chapter, the following definitions shall apply: A. "Accommodation unit" means any room or group of rooms without kitchen facilities designed for or adapted to occupancy by guests and accessible from common corridors, walks, or balconies without necessarily passing through another accommodation unit or dwelling unit. B. "Athletic club" shall mean a business which has as one of its primary sources of income the charging for the use of racquet courts andJor other athletic facilities such as free weights, weight machines, swimming pools, etc. C. "Business" means any business, profession, occupation, or activity engaged in by a person for profit, gain, benefit, or advantage which is conducted on premises within the Town. D. "Business floor area" shall mean the number of square feet located within any "premises" as defined in this section, except that the number of square feet located in storage areas and administrative offices within retail business premises shall not be considered business floor area. E. "Construction services" means building contractors, plumbers, electricians, carpenters, masons, excavators, roofers, and painters. F. "Dwelling unit" means any room or group of rooms with kitchen facilities designed for or used as an independent housekeeping unit. G. "Financial services" means any savings and loan company, bank, mortgage company or mortgage broker. H. "General service business" means any business not otherwise defined or classified herein. I. "Home occupation" means a business which is conducted within a residence and is clearly incidental and secondary to the use of the residence for dwelling purposes. J. "Licensee" means any person required to obtain an annual business license. K. "License year" means the calendar year January 1 through December 31. L. "Lodge" means a building or a group of associated buildings designed for occupancy primarily as the temporary lodging place of individuals or families, either in accommodation units or dwelling units, and in which all such units are -2- operated under a single management providing the occupants thereof customary hotel services and facilities. M. "Lodge support business" means a business, service, or facility located within the lodge, owned by the same person owning the lodge, and providing customary services and facilities primarily to occupants of the lodge. N. "Person" means any individual, partnership, corporation, firm, estate, trust, association, joint venture, or other entity. 0. "Premises" means any land, structure, lodge, store, office, sales room, warehouse, or other place of business situated within the Town which is owned, leased or occupied by a business. P. "Professional" means any doctor, dentist, psychologist, physical therapist, nurse, medical assistant, lawyer, architect, booking agent, engineer, title company, surveyor, insurance company, agent or broker, consultant, securities dealer, financial planner, veterinarian, accountant, chiropractor, and other related fields of expertise. Q. "Restaurant" means any establishment no matter how named or designated at which food is sold for consumption on the premises. R. "Retail" means the sale of commodities to the consumer. S. "Short term rental" means a rental of an accommodation unit or dwelling unit for a term not in excess of thirty (30) consecutive days. T. "Ski company" means a business which has as one of its primary sources of income the operation of ski lifts. U. "Tavern" means a business holding a State of Colorado tavern liquor license. U. "Town" means the Town of Vail, Colorado. 5.04.030 License Required It shall be unlawful for any person to maintain, operate, conduct, or engage in any business activity on premises within the Town without having first obtained a business license pursuant to this Chapter. A business license shall be obtained for each place of business within the Town regardless of whether the business conducted therein is a separate business or a branch, division, or agency of a licensed business situated at another location in the Town. 5.04.040 Fee A. For the purposes of this Ordinance, the Town shall be divided into Zone 1 and Zone 2, as set forth on the map attached to this Ordinance as Exhibit A, and incorporated herein by reference. -3- B. An annual business license fee shall be paid by every person doing business within the Town in accordance with the following schedule: 1) Short term rental Any person who engages in short term rental of either accommodation units or dwelling units to one who uses, possesses, or has the right to use or possess such accommodation unit or dwelling unit, shall pay a fee as follows: a) If the management office is located in Zone 1, a flat fee of three hundred twenty-five dollars ($325) and in addition, a fee of seventeen dollars. ($17) per each unit located in Zone 1 and an additional fee of twelve dollars and seventy-five cents ($12.75) per unit for each unit located in Zone 2. b) If the management office is located in Zone 2, a flat fee of two hundred forty-three dollars and seventy-five cents ($243.75) and in addition, a fee of seventeen dollars ($17) per unit for each unit located in Zone 1, and twelve dollars and seventy-five cents ($12.75) per unit for each unit located in Zone 2. c) Persons who short term rent no more than two (2) units shall be exempt from the provisions of this Chapter. Z) Restaurant and taverns shall pay a business license fee as follows: a) Restaurants and taverns located in Zone 1 i) Restaurants with a State of Colorado restaurant and hotel liquor license shall pay a minimum fee of three hundred twenty-five dollars ($325), and in addition, a fee of eight dollars ($8) per seat located indoors. ii) Restaurants without any State of Colorado liquor license shall pay a minimum fee of three hundred twenty-five dollars ($325), and in addition, a fee of four dollars ($4) per seat located indoors. iii) Taverns shall pay a minimum fee of three hundred twenty-five dollars ($325), and in addition, a fee of four dollars ($4) per seat located indoors.. b) Restaurants and taverns located in Zone 2 i) Restaurants with a State of Colorado restaurant and hotel liquor license shall pay a minimum fee of two hundred forty-three dollars and seventy-five cents ($243.75), and in addition, a fee of six dollars ($6) per seat located indoors. ii) Restaurants without any State of Colorado liquor license shall pay a minimum fee of two hundred forty-three dollars and seventy-five -4- cents ($243.75), and in addition, a fee of three dollars ($3) per seat located - indoors. iii) Taverns shall pay a minimum fee of two hundred forty-three dollars and seventy-five cents ($243.75), and in addition, a fee of three dollars ($3) per seat located indoors. 3) Construction service businesses shall pay a fee as follows: a) Construction service businesses in Zone l shall pay a business license fee of three hundred twenty-five dollars ($325). b) Construction service businesses located in Zone 2 shall pay a fee of two hundred twenty-five dollars ($225). 4) Persons involved in real estate sales and/or management and/or development shall pay a business license fee as follows: a) Real estate sales and/or management and/or development businesses in Zone 1 shall pay a minimum fee of three hundred twenty-five dollars ($325), and if there is more than one (1) person with a real estate sales or broker's license employed or doing business on the premises, a fifty dollar ($50) fee for each additional sales person or broker. b) Real estate sales and/or management and/or development businesses located in Zone 2 shall pay a minimum fee of two hundred forty-three dollars and seventy-five cents ($243.75), and if there is more than one (1) person with a real estate sales or broker's license employed or doing business on the premises, a thirty-seven dollar and fifty cents ($37.50) fee for each additional sales person or broker. 5) Professionals shall pay a business license fee as follows: a) Professionals located in Zone 1 shall pay a minimum fee of three hundred twenty-five dollars ($325), and if there is more than one (1) professional employed or doing business on the premises, a fifty dollar ($50) fee for each additional professional. b) Professionals doing business in Zone 2 shall pay a minimum fee of two hundred forty-three dollars and seventy-five cents ($243.75), and in addition, if there are more than one (1) professional employed or doing business on the premises, a thirty-seven dollars and fifty cents ($37.50) fee for each additional professional. -5- 6) Financial services shall pay a business license fee as follows: a) Financial services located in Zone 1 shall pay a minimum fee of three hundred twenty-five dollars ($325), and in addition, a fee of ten cents ($.10) for each square foot of business floor area. b) Financial services located in Zone 2 shall pay a minimum fee of two hundred forty-three dollars and seventy-five cents ($243.75), and in addition, a fee of seven and one-half cents ($.075) per square foot of business floor area. 7) Athletic clubs shall pay a business license fee as follows: a) Athletic .clubs located in Zone 1 shall pay a fee of six hundred dollars {$600). b) Athletic clubs located in Zone 2 shall pay a fee of four hundred fifty dollars ($450). 8) Retail businesses shall pay a business license fee as follows: a) Retail businesses in Zone 1 i) Retail businesses with a business floor area of not more than one thousand five hundred (1,500) square feet shall pay a fee of three hundred twenty-five dollars ($325). ii) Retail businesses with a business floor area of not less than one thousand five hundred one (1,501) square feet nor more than two thousand five hundred (2,500) square feet shall pay a fee of six hundred fifty dollars ($650). iii) Retail businesses with a business floor area of not less than two thousand five hundred one (2,501) square feet nor more than three thousand five hundred (3,500) square feet shall pay a fee of nine hundred seventy-five dollars ($975).. iv) Retail businesses with a business floor area of not less than three thousand five hundred one (3,501) square feet nor more than ten thousand (10,000) square feet shall pay a fee of one thousand five hundred dollars ($1,500). v) Retail businesses with a business floor area of not less than ten thousand one (10,001) square feet shall pay a fee of two thousand two hundred dollars ($2,200). -6- b) Retail businesses in Zone 2 i) Retail businesses with a business floor area of not more than one thousand five hundred (1,500) square feet shall pay a fee of two hundred forty-four dollars ($244). ii) Retail businesses with a business floor area of not less than one thousand five hundred one (1,501) square feet nor more than two thousand five hundred (2,500) square feet shall pay a fee of four hundred eighty-eight dollars ($488). iii). Retail businesses with a business floor area of not less than two thousand five hundred one (2,501) square feet nor more than three thousand five hundred (3,500) square feet shall pay a fee of seven hundred thirty-two dollars ($732). iv) Retail businesses with a business floor area of not less than three thousand five hundred one (3,501) square feet nor more than ten thousand (10,000) square feet shall pay a fee of one thousand one hundred twenty-five dollars ($1,125). v) Retail businesses with a business floor area of not less than ten thousand one {10,001) square feet shall pay a fee of one thousand six hundred fifty dollars ($1,650). 9) General service business shall pay a business license fee as follows: a) General service businesses located in Zone 1 shall pay a business license fee of three hundred twenty-five dollars ($325). b) General service businesses located in Zone 2 shall pay a business license fee of two hundred forty-three dollars and seventy-five cents ($243.75). 10) Home occupations shall pay a business license fee as follows: a) Zone 1, one hundred fifty dollars ($150). b) Zone 2, one hundred twelve dollars and fifty cents ($112.50). 11) Lodge support businesses shall pay a minimum business license fee depending on the category of business being operated at the rate of seventy-five percent (75%) of the rate charged for each category listed above, and shall pay any additional fee depending upon the type of business being operated at the same rate as set forth for each category listed above. -7- 12) Where more than one business is operated in the same premises, the business license fee shall be paid as follows: a) Only one business license fee shall be paid for all businesses in the same category of the business categories set forth in paragraphs 5.04.040 B{1)-(10) hereof. b) A business license shall be paid for each business in different categories of the business categories set forth in paragraphs 5.04.040 B(1)-(10) hereof. 5.04.050 Payment of Fee The license fee required hereunder shall be paid as follows: A. The license fee shall be paid to the Finance Department of the Town on or before January 31st of each license year for any business in operation prior to said date, which obtained an annual business license for the preceding year, or otherwise shall be paid prior to the commencement of business activity in each license year; provided, however, that the license fee for 1989 for any existing business shall be paid on or before February 28, 1989. B. At the time an applicant applies for a business license hereunder, he shall advise the Town by affidavit under oath of the following: 1) If the business is the short term rental of accommodation units or dwelling units he shall advise the Town of the number of units he intends to rent for the current year. 2) If the business is the restaurant business, he shall advise the Town of the number of seats in the restaurant for the current year. 3) If the business is a business whose license fee may be computed on the basis of business floor area, he shall advise the Town of the amount of business floor area in the premises. 4) If the business is a business whose license fee may be computed on the number of employees, he shall advise the Town of the number of pertinent employees. In addition, any business license applicant or licensee shall upon request, provide the Town with information documenting and validating such information provided under oath. 5.04.060 Exemptions Persons exempt from the provisions of this Chapter are as follows: A. Persons who pay an occupation tax or franchise tax to the Town. B. Churches or established religious organizations. -8- C. Non-profit corporations. D. Hospitals E. Schools F. Governments, including Colorado special districts. G. Persons exempt under Federal or Colorado law. All exempt individuals shall be required to file a notice of exemption in accordance with Section 5.04.110 of this Chapter. 5.04.070 Administration and Enforcement The administration of the annual business license required by this Chapter shall be vested in the Finance Director or his/her designee(s) who is authorized to do the following: A. Collect license fees. B. Adopt all forms and prescribe the information to be given therein. C. Promulgate and enforce all reasonable rules and regulations necessary to the operation and enforcement of this Chapter. D. Investigate and determine the eligibility of each applicant for an annual business license. E. Investigate, determine, and order the revocation or suspension of an annual business license for violation by the licensee under provision of this Chapter. F. Examine at any time those records of each licensee which the Town determines are necessary to verify and document license requirements provided the contents of such records shall remain confidential and not a part of the public records. 5.04.080 Delinquencies and Penalties A. If the business license fee imposed hereunder is not paid within thirty (30) days from the time it becomes due it shall be deemed delinquent and the Town may assess a delinquency charge in the amount of ten percent (10%) of the license fee due. B. A violation of this Chapter is a misdemeanor. Violation of any provision hereunder shall be punishable by a fine not to exceed four hundred ninety-nine dollars ($499) or imprisonment for a period not to exceed ninety (90) days or both. Each day that such violation exists or continues to exist shall be deemed a separate offense. C. The Town may seek an injunction to restrain a person from engaging in business on premises within the Town who does not obtain an annual business license -9- under this Chapter or whose license is revoked or suspended and this remedy shall be in addition to all other remedies prescribed in this Chapter or available in law or equity. 5.04.090 Attorney's Fees and Costs In the event it is necessary for the Town to take action for the enforcement of this Chapter, there shall be added to any fees due hereunder all reasonable costs and fees incurred by the Town including reasonable attorney's fees. 5.04.100 Revenue Disposition The license fees collected pursuant to this Chapter, shall be special revenues which shall be credited to a special revenue fund of the Town. It shall be used for the payment of reasonable costs incurred in connection with the marketing and promotion of the Town's principal industry, tourism, and for the payment of expenses related to such marketing and promotion, and to promote and market activities and events beneficial to the economic health and vitality of the community. The Town shall be entitled to receive five percent (5%) of the license fees collected hereunder into the General Fund for administration of the business license fee. 5.04.110 Notice of Exemption Any person claiming an exemption from the provisions of this Chapter shall file a notice of exemption with the Finance Director of the Town on or before January 20 of each license year for any business in operation prior to that date, or otherwise file notice prior to the commencement of business activity in each year. 5.04.120 Nontransferable No license issued pursuant to this Chapter shall be transferable. 5.04.130 No Refunds No business license fee shall be refunded on the basis that the business for which the license has been issued has ceased, or because the business has been transferred to new owners. 5.04.140 Termination At a regular or special Town Council meeting, or Town Council work session, during the month of March, 1992, the Marketing Board appointed by the Town Council shall report to the Town Council on the effectiveness of the marketing and promotional program financed by funds raised pursuant to this Chapter and shall make recommendations to the Council in regard thereto. Subsequent to this report, the Town Council shall evaluate the program and this Ordinance. This Chapter 5.04 -10- Business License shall terminate and cease to be effective on December 31, 1992 unless extended by the Town Council on or before said date by ordinance. 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 Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail 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 6th day of December , 1988, and a public hearing shall be held on this Ordinance on the 6th day of December 1988, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 6th day of December 1988. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of 1988. Kent R. Rose, Mayor ATTEST: amela A. Brandmeyer, Town Clerk -11- N W 0 N W +~ .~ A .~ k W S N ~~~~~/ N 4-I 0 N N ro a .~ .~, w '~ ORDINANCE N0. 28 Series of 1988 AN ORDINANCE AMENDING SECTION 18.39.030 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL BY THE ADDITION OF PARAGRAPHS C AND E SETTING FORTH USES WHICH SHALL BE PERMITTED OUTSIDE THE MAIN BUILDING IN THE SKI-BASE RECREATION ZONE DISTRICT; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, in a previous amendment to the ski-base recreation zone district certain sections were inadvertently excluded from the zone district; and WHEREAS, the Town Council now wishes to add said permitted uses back into the ski-base recreation district. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. Section 18.39.030 Permitted Uses. is hereby amended by the addition of paragraph C, parts 2 and 3, and paragraph E to read as follows: Section 18.39.030 Permitted Uses C. 2. Before acting on multi-family dwelling units, the Planning Commission shall consider the following factors in regard thereto: a. Relationship and impacts of the use on development objectives of the Town. b. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. c. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking area. d. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 3. The Planning Commission shall make the findings set forth in 18.60.060 B before permitting multi-family units within the main building. E. The following uses shall be permitted outside the main building as shown on the approved development plan: 1. Ski trails, slopes and lifts 2. Snowmaking facilities 3. Bus and skier dropoff '~ 4. Surface parking lot 5. Ski racing facilities 6. Park, tennis and volleyball courts and playing fields 7. Water treatment and storage facilities 8. Mountain storage buildings 9. Ski school activities 10. Special community events 11. Food and beverage service 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 Vail and the inhabitants thereof. 4. The repeal or the. repeal and reenactment of any provision of the Municipal Code of the Town of Vail 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 6th day of December , 1988, and a public hearing shall be held on this Ordinance on the 6th day of December 1988, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 6th day of December 1988. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -2- INTRODUCED, READ AND APPROUED ON SECOND READING AND ORDERED PUBLISHED this day of 1988. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -3- ORDINANCE N0. 35 Series of 1988 AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS FROM THE TOWN OF VAIL LIONSHEAD MALL IMPROVEMENT FUND, WEST VAIL STREET IMPROVEMENT FUND, AND THE HEALTH INSURANCE FUND OF THE 1988 BUDGET AND FINANCIAL PLAN FOR THE TOWN OF UAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN. WHEREAS, contingencies have arisen during the fiscal year 1988 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 35, Series of 1987, adopting the 1988 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 has 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 1988 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure of said appropriations as follows: FUND AMOUNT Lionshead Mall Improvement Fund $ 106,000 West Vail Street Improvement Fund 503,000 Health Insurance Fund 550,000 TOTAL $1,159,000 INTRODUCED, READ AND APPROVED ON FIRST READING THIS 6th day of December 1988, and a public hearing shall be held on this ordinance on the 6th day of December 1988, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail Colorado. -1- Ordered published in full this 6th day of December 1988• Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Cler INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of 1988. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Cler -2- To: Vail Town Council From: Community Development Department Date: December 20, 1988 Subject: Executive Summary of Special Development District 4 Special Development District 4 is made up of of four development areas. The areas include Area A Cascade Village, Area B Coldstream Condominiums, Area C Glen Lyon Duplex Lots, and Area D Glen Lyon Commercial Site. Vail Ventures, Ltd. is requesting to amend Area A. Glen Lyon Office Building, Inc., is requesting to amend Area D. The other areas within the SDD are not affected by the amendments. The major elements of the amendments requested are listed below: ALTERNATIVE DEVELOPMENT SCENARIOS: Variations in number of units, GRFA, type of unit, and amount of commercial are requested for four undeveloped sites within Area A. The variations result in two development plans per site.. The exteriors of the buildings remain the same under all alternatives except one. Two scenarios are requested for Area D. Either residential/office or office will be constructed in the eastern building on the Glen Lyon site. GRFA/UNITS: Both areas are within the allowable GRFA and number of units for the existing SDD except that Area A exceeds the allowable GRFA by 1,124 s.f. for one scenario. Staff supports this scenario as the additional GRFA is for lodge rooms. PARKING: All required parking is provided. The two parking structures in Area A are treated as one structure for the purpose of calculating the mixed use parking credit. COMMERCIAL: Commercial is increased from 37,000 to a maximum of 56,538 s.f. for Area A. Amicro-brewery and more office are added to Area D. EMPLOYEE HOUSING: The existing SDD does not provide for any on site employee housing. The amendment calls for a minimum of 10 employee units to be located in Area A and/or Area D. The units are restricted for 15 years and allowed to be sold as long as it is to a local. TRANSIENT RESIDENTIAL DWELLING UNIT: A new type of unit is requested for Area A. A TR is basically an accomodation unit that is allowed to have a small kitchenette. The unit will function as a lodge unit. SPECIAL ATTRACTION:. A special attraction is defined as a museum, seminar or research center, or performing arts theater or other similar cultural center. This use is a conditional use for Area A. FIREPLACES: In Area A, 96 wood-burning fireplaces are requested which is equivalent to the number of dwelling units approved yet unbuilt. The request allows for wood-burning fireplaces to be located in lodge rooms and transient residential units as well as in dwelling units. Staff only supports locating wood-burning fireplaces in constructed dwelling units. MICRO-BREWERY: A micro-brewery is proposed for the Glen Lyon site. It would be located on the west end of the existing office building. Both the staff and Planning Commission recommend approval of the amendment requests with conditions. The following information is included in the packet: 1. Ordinance No. 40. 2. Request to amend SDD 4, Area A, Cascade Village Memo. 3. Request for a Conditional Use for a Micro-Brewery, Area D, Memo. 4. Request to amend SDD 4, Area D, Memo. 5. EIR, Peter Jamar Associates. 6. Minutes from the PEC meeting concerning the requests ~~~~ ~~~ WY~^ I LK.'~ rl~l! ~ Its! L~.._I ~l ,'" ~ _ ~ ~"'""1' ~I ~-!!~*"/f If7TERSTATE HIQHYYAr.10O TO ~ ~ 1s ~~~, ~E ~ 80UTH FRONT, E' °" ~: ~y ~ ,: • _ ~; ACCESS PATH TO W E $ T FI Fi 1f F. (~~ ~ ~ ,.~ ~ ~: a ~' i ~ r }. ~. ,~,, ~ ' ~~ TENNIS COURTSr.r L -CL e ~ ~ ' f %A^sCt a> °~ ~'!;-~'`~~''~~;; ~ ~~ ~•^ ~ ` ~ ~~ PARKING: aTRIICTtlRE ~ WATERFORD CONDOMINIUMS L_ .. SI7 E .....~ r ~,~ € ~ ~'a~`. . ' ~ ~ ' SIT E ~ ~: fir '$1~~ 9 ...-.'~:., ~8,, L '-4. -.. R. _ .. ~ S , + ~~ >; WESTHAVEN, DRIYE~~~~~~~ + _~ ~~ -- INILLRACE ,III ~r `~O - - ' 1 ~*~ ki ... 1. ~ ~ ~ I 1 SITE ~ ~ '' ~ CORNERSTONE ~ ~ ~ g~ C.M.C u~ ~ ~'~•' .. I MILLRACE BUILDINGi ~ h ~ _ BUILDING ~ r J ~O PHASE 11 ~ ~ ~; ',~a~CEHTf~ a r i ~ ~~' .X `J ~.~. r ~,+~ MILLRACE `' PHASE I }~~~ '~' ~ T,. , ^~~ '.MILLRACE ~ ~-=THE WESTIN~~HOTEL`~~ IV SITE 1,,...~ ,~.~~+ . - ~ z.Y 1 ~. ~~-:- ~?a . 1 ~` . dOpE• r ~y ,~~ y ~j J '^ ''F _~, 1 ~ ~ ~x ~ ~~ ~r~ g~ P' `~` CtIAIRLIFT r ,~~ ° ~ .E 0 ~` ~ r +~ ~~~~ , nd ~- NORTH ' ~, ~r ~ -. ,~ X1,4 ~ .. !' t '.'CASCADE VILLAQE ~`~'~~ ~ CHAIRLIfT ` ~ «. m , r ~ N* 7 ~y?~ 1 3 - f~ ~ ` ti ~.:~ ~ ~ ~, ~~"~ ~ `~ CASCADE VILLAGE '~ ~ ~ ~~ a~~i«:~ ~ . ~ : ~. VA1L, COLORADO :-. ,.. • • ~ .Figure 4 Future Development AREA A Undeveloped parcels indicated in white --- , ..~ I ,,p ~.:~ r.~.>i L....s 1....~ ~Y i~..t..J IIr:~;.J ~.r,.>< L.~,.Jf L.,.~..ji L....~i L......0' L,..,..~ i......, i...,.._,~ i~.....a' i.~:.,.. ~_ . m L . . 4 ~ w ]..~". .auto ~IC~NT~+F Fc~D ,~ , AREA D 1. BREWERY 2. EXISTING OFFICE BUILDING 3. DECK PARKINQ 60 SPACES 4. AROUND PARKINQ 48 SPACES 6. EAST BUILDING OFFICE 2,800 SF CONDOMINIUM 3,400 SF WITH 7 PARKING SPACES C tD 1 IV . 1s1~ VAIL BREWERY COMPANY SITE PLAN GLEN LYON OFFICE SITE DEVELOPMENT AREA D ~~*~_~ MASTER PLAN NOV.:e, ~~OE Y ORDINANCE NO. 40 Series of 1988 AN ORDINANCE REPEALING AND RE-ENACTING CHAPTER 18.46 OF THE TOWN OF VAIL MUNICIPAL CODE, SPECIAL DEVELOPMENT DISTRICT NO. 4; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Vail Ventures, Ltd. and Glen Lyon Office Building, a Colorado Partnership, have requested to amend the existing Special Development District No. 4; and WHEREAS, the amendments to Special Development District No. 4 AREAS A & D will ensure unified and coordinated development and use of the property as a whole and in a manner suitable for the area in which it is situated; and WHEREAS, the amendments are necessary due to changes resulting from the construction of the Cascade chairlift, the completion of the Westin Hotel, and the changing market for real estate and guest services which have all affected the overall master plan for Special Development District No. 4. WHEREAS, the Planning and Environmental Commission has voted to approve the amendments to Special Development District No. 4; and WHEREAS, the Town Council considers that is is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to amend Special Development District No. 4. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Amendment Procedures Fulfilled, Planning Commission Report. The approval procedures described in Chapter 18.40 of the Vail. Municipal Code have been fulfilled, and the Town Council has received the report of the Planning and. Environmental Commission recommending approval of the proposed development plan for Special Development District No. 4. Section 2. Special Development District No. 4. Special .Development District No. 4 and the development plans therefore, are hereby approved for the development of Special Development District No. 4 within the Town of Vail. Section 3. Chapter 18.46 Special Development District No. 4, Cascade Village, is hereby repealed and re-enacted with amendments to read as follows: 18.46.010 Purpose Special Development District No. 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the TOWN OF VAIL COMPREHENSIVE PLAN. Special Development District No. 4 is created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning Commission, and because there are significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. 18.46.020 DEFINITIONS FOR THE PURPOSES OF THIS CHAPTER, THE FOLLOWING DEFINITIONS SHALL APPLY: A. "SPECIAL ATTRACTION" SHALL BE DEFINED AS A MUSEUM, SEMINAR OR RESEARCH CENTER, OR PERFORMING ARTS THEATER OTHER CULTURAL CENTER. B. "TRANSIENT RESIDENTIAL DWELLING UNIT OR RESTRICTED DWELLING UNIT" SHALL BE DEFINED AS A DWELLING UNIT LOCATED IN A MULTI-FAMILY DWELLING THAT IS MANAGED AS A SHORT TERM RENTAL IN WHICH ALL SUCH UNITS ARE OPERATED UNDER A SINGLE MANAGEMENT PROVIDING THE OCCUPANTS THEREOF CUSTOMARY HOTEL SERVICES AND FACILITIES. A SHORT TERM RENTAL SHALL BE DEEMED TO BE A RENTAL FOR A PERIOD OF TIME NOT TO EXCEED 31 DAYS. EACH UNIT SHALL NOT EXCEED 645 SQUARE FEET OF GRFA WHICH SHALL INCLUDE A KITCHEN HAVING A 2 MAXIMUM OF 35 SQUARE FEET. THE KITCHEN SHALL BE DESIGNED SO THAT IT MAY BE LOCKED AND SEPARATED FROM THE REST OF THE UNIT IN CLOSET. A TRANSIENT DWELLING UNIT SHALL BE ACCESSIBLE FROM COMMON CORRIDORS, WALKS, OR BALCONIES WITHOUT PASSING THROUGH ANOTHER ACCOMMODATION UNIT, DWELLING UNIT, OR TRANSIENT RESIDENTIAL DWELLING UNIT. SHOULD SUCH UNITS BE DEVELOPED AS CONDOMINIUMS, THEY SHALL BE RESTRICTED AS SET FORTH IN SECTION 17.26.075-17.26.120 GOVERNING CONDOMINIUM CONVERSION. THE UNIT SHALL NOT BE USED AS A PERMANENT RESIDENCE. FRACTIONAL FEE OWNERSHIP SHALL NOT BE ALLOWED. TO BE APPLIED TO TRANSIENT RESIDENTIAL DWELLING UNITS. FOR THE PURPOSES OF DETERMINING ALLOWABLE DENSITY PER ACRE, TRANSIENT RESIDENTIAL DWELLING UNITS SHALL BE COUNTED AS ONE HALF OF A DWELLING UNIT. THE TRANSIENT RESIDENTIAL DWELLING UNIT PARKING REQUIREMENT SHALL BE 0.4 SPACE PER UNIT PLUS 0.1 SPACE PER EACH 100 SQUARE FEET OF GRFA WITH A MAXIMUM OF 1.0 SPACE PER UNIT. 18.46.030 Established A. Special Development District No. 4 is established for the development on a parcel of land comprising 97.955 acres as more particularly described in the attached Exhibit A. Special Development District No. 4 and the 97.955 acres may be referred to as "SD4." B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Development Area Acreage Cascade Village A 17.955 Coldstream Condominiums Glen Lyon Duplex Lots Glen Lyon COMMERCIAL SITE Dedicated Open Space B 4.0 C 29.10 D 1.8 40.4 Roads 4.7 97.955 3 18.46.040 Development Plan-Required-Approval Procedure A. EACH DEVELOPMENT AREA WITH THE EXCEPTION OF DEVELOPMENT AREAS A AND D SHALL BE SUBJECT TO A SINGLE DEVELOPMENT PLAN. DEVELOPMENT AREA A SHALL BE ALLOWED TO HAVE TWO DEVELOPMENT PLANS FOR THE WATERFORD, CORNERSTONE, MILLRACE IV, AND CASCADE CLUB SITES AS APPROVED BY THE TOWN COUNCIL. DEVELOPMENT AREA D SHALL BE ALLOWED TO HAVE 2 DEVELOPMENT PLANS AS APPROVED BY THE TOWN COUNCIL. THE DEVELOPER SHALL HAVE THE RIGHT TO PROCEED WITH EITHER ONE OF THE DEVELOPMENT PLANS OR SCENARIOS AS DEFINED IN SECTION 18.46.103 B-F. B. AMENDMENTS TO SD4 SHALL COMPLY WITH THE PROCEDURES OUTLINED IN SECTION 18.40. C. Each phase of development shall require, prior to issuance of building permits, approval of the Design Review Board in accordance with applicable provisions of Chapter 18.52. 18.46.050 Permitted Uses A. AREA A, CASCADE VILLAGE 1. FIRST FLOOR COMMERCIAL USES SHALL BE LIMITED TO USES LISTED IN 18.24.030 A-C. THE "FIRST FLOOR" OR "STREET LEVEL" SHALL BE DEFINED AS THAT FLOOR OF THE BUILDING THAT IS LOCATED AT GRADE OR STREET LEVEL. 2. ALL OTHER FLOOR LEVELS BESIDES FIRST FLOOR OR STREET LEVEL MAY include retail, theatre, restaurant, and office except that no professional or business office shall be located on street level or first floor (as defined in Section 18.24.030 A of the Town of Vail zoning code in Area A unless it is clearly accessory to a lodge or educational institution EXCEPT FOR AN OFFICE SPACE HAVING A MAXIMUM SQUARE FOOTAGE OF 925 SQUARE FEET LOCATED ON THE FIRST FLOOR ON THE NORTHWEST CORNER OF THE PLAZA CONFERENCE CENTER .BUILDING. 3. Lodge. 4. Multi-family dwelling. 5. TRANSIENT RESIDENTIAL DWELLING UNIT.. 6. EMPLOYEE DWELLING AS DEFINED IN SECTION 18.46.220. 7. CASCADE CLUB ADDITION OF A LAP POOL OR GYMNASIUM; B. Area B, Coldstream Condominiums 1. Two-family dwelling. 2. Multi-family dwelling. C. Area C, Glen Lyon Duplex Lots 1. Single-family dwelling. 2. Two-family dwelling. D. AREA D, GLEN LYON COMMERCIAL SITE 1. RETAIL. 2. RESTAURANT AND BAR. 3. BUSINESS AND PROFESSIONAL OFFICES. 4. MULTI-FAMILY DWELLING. 5. EMPLOYEE DWELLING AS Defined IN SECTION 18.46.220. 18.46.060 Conditional Uses Conditional uses shall be reviewed per the procedures as outl ined in Chapter 18.60 of the Town of Vail zoning code. A. Area A, Cascade Village 1. CASCADE CLUB ADDITION OF A WELLNESS CENTER NOT TO EXCEED 4,500 SQUARE FEET. 2. FRACTIONAL FEE OWNERSHIP AS DEFINED IN THE TOWN OF VAIL MUNICIPAL CODE, SECTION 18.04.135 SHALL BE A CONDITIONAL USE FOR DWELLING UNITS IN THE WESTHAVEN MULTI-FAMILY DWELLING. FRACTIONAL FEE OWNERSHIP SHALL NOT BE APPLIED TO RESTRICTED EMPLOYEE DWELLING UNITS OR TRANSIENT RESIDENTIAL DWELLING UNITS. OWNERSHIP INTERVALS SHALL NOT BE LESS THAN FIVE WEEKS. 3. SPECIAL ATTRACTION. 4. Ski lifts. 5 5. Public park and recreational facilities. 6. Major arcades with no frontage on any public way, street, walkway or mall area. B. Area B, Coldstream Condominiums 1. Public park and recreational facilities. 2. Ski lifts. C. Area C, Glen Lyon Duplex Lots 1. Public park and recreational facilities. 2. Ski lifts. D. Area D, Glen Lyon COMMERCIAL SITE 1. MICRO-BREWERY AS DEFINED IN TOWN OF VAIL MUNICIPAL CODE, SECTION 18.04.253. 18.46.070 Accessory Uses A. Area A, Cascade Village 1. Minor arcade. 2. Home Occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios,. or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 5. Swimming pools, tennis courts, patios or other recreational facilities customarily incidental to permitted or conditional uses, and necessary to the operation thereof. B. Area B, Coldstream Condominiums 1. Home Occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other E~ recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Swimming pools, tennis courts, patios or other recreational facilities customarily incidental to permitted or conditional uses, and necessary to the operation thereof. C. Area C, Glen Lyon Duplex Lots 1. Home Occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Area D, Glen Lyon COMMERCIAL SITE 1. HOME OCCUPATIONS, SUBJECT TO ISSUANCE OF A HOME OCCUPATION PERMIT IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS 18.58.130 THROUGH 18.58.190. 2 ATTACHED GARAGES OR CARPORTS, PRIVATE GREENHOUSES, SWIMMING POOLS, TENNIS COURTS, PATIOS, OR OTHER RECREATIONAL FACILITIES CUSTOMARILY INCIDENTAL TO PERMITTED RESIDENTIAL USES. 3. OTHER USES CUSTOMARILY INCIDENTAL AND ACCESSORY TO PERMITTED OR CONDITIONAL USES, AND NECESSARY FOR THE OPERATION THEREOF. 4. MINOR ARCADE. 18.46.080 LOCATION OF BUSINESS ACTIVITY A. All offices, businesses, and services permitted by Sections 18.46.050 through 18.46.070 shall be operated and 7 conducted entirely within a building,. except for permitted unenclosed parking or loading areas, and the outdoor display of goods. B. The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 18.46.090 Density-Dwelling Units The number of dwelling units shall not exceed the following: A. Area A, Cascade Village LTWO HUNDRED EIGHTY-THREE POINT FIVE (283.5) dwelling units total maximum, with a minimum of THREE HUNDRED THIRTY-EIGHT (338) ACCOMMODATION UNITS OR TRANSIENT RESIDENTIAL DWELLING UNITS and a maximum of NINETY-NINE (99) DWELLING UNITS as defined by the table IN SECTION 18.46.103 A-D. B. Area B, Coldstream Condominiums, sixty-five (65) DWELLING units C. Area C, Glen Lyon Duplex Lots,_one hundred four (104) DWELLING units. D. Area D, Glen Lyon, COMMERCIAL SITE~THREE DWELLING UNITS, TWO OF WHICH SHALL BE EMPLOYEE DWELLING UNITS as defined by the table in Section 18.46.103 F. 18.46.100 Density-Floor Area A. Area A, Cascade Village The Gross residential floor area for all buildings shall not exceed .35 GRFA in Area A, which is a maximum of 291,121 square feet, EXCEPT THAT THE TOTAL MAXIMUM GRFA SHALL NOT EXCEED 292,245 SQUARE FEET. IF MILLRACE IV SCENARIO 2 (32 A.U.) IS CONSTRUCTED. B. Area B, Coldstream Condominiums Sixty-five thousand square feet (65,000 s.f.) GRFA C. Area C, Glen Lyon Duplex Lots GRFA SHALL BE CALCULATED FOR EACH LOT PER SECTION 18.13.080 DENSITY CONTROL A AND B FOR THE PRIMARY/SECONDARY DISTRICT £~ OF THE TOWN OF VAIL MUNICIPAL CODE. NO RESIDENTIAL LOT SHALL CONTAIN MORE THAN 4,200 SQUARE FEET OF GRFA PER THE GLEN LYON SUBDIVISION COVENANTS. D. Area D, Glen Lvon COMMERCIAL SITE SCENARIO 1 SHALL ALLOW FOR THREE DWELLING UNITS. THE GROSS RESIDENTIAL FLOOR AREA FOR THE TWO EMPLOYEE DWELLING UNITS SHALL BE 795 SQUARE FEET AND 900 SQUARE FEET RESPECTIVELY. THE GROSS RESIDENTIAL FLOOR AREA FOR THE FREE MARKET DWELLING UNIT SHALL BE 1,630 SQUARE FEET. 18.46.102 Commercial Square Footage A. Area A, Cascade Village AREA A SHALL NOT EXCEED 56,538 SQUARE FEET OF COMMERCIAL AREA. COMMERCIAL USES INCLUDE RETAIL, OFFICE, THEATER, RESTAURANT, USES LISTED IN SECTION 18.46.050 A-1, AND THE SPECIAL ATTRACTION USE. B. AREA B, Glen Lyon COMMERCIAL SITE AREA D SHALL NOT EXCEED 14,950 SQUARE FEET OF OFFICE .FOR SCENARIO 1 OR 18,275 SQUARE FEET OF OFFICE FOR SCENARIO 2 PER THE APPROVED DEVELOPMENT PLANS. THE MICRO-BREWERY AND ASSOCIATED USES SHALL BE CONSTRUCTED PER THE APPROVED DEVELOPMENT PLAN. 18.46.103 DEVELOPMENT STATISTICS FOR AREA A, CASCADE VILLAGE, AND AREA D, GLEN LYON COMMERCIAL SITE ~ '. ~ a 18.46.103 DEVELOPMENT STATISTICS, AREA A, CASCADE VILLAGE A. AREA A COMPLETED PROJECTS . CASCADE RETAIL/ ON SITE ~ STRUCTURE DU GRFA COtU1 SQ FT PARKING PARKING AU MILLRACE I 16 20,000 29 0 MILLRACE lI 14 17-534 25 0 WESTUI ~ 148 55,451 0 115 104 seats 0 0 Alfredo's 14 seats 0 0 Crfe 1250 0 0 little Shop 2436 0 0 Pept Sports W 6 N Smith, Vaurnet 900 0 CMC BUILDING 0 16 Cascade Wing 8 15,870 Clancy's 1600 ~ 0 13.3 Theatre 4220 28 4192 0 40 College Classrooms 954 0 4 College Office Mtg Room 2J 1381 0 6 ~~ TERRACE WING Rooms 120 58,Ob9 ~ 0 105 Retail 5856 0 20 COMPLETED PROJECTS (,Con't) ~ ~ (1N SITE CASCADE STRUCTURE RETAiI/ • PARKING ' PARKING AU DU GRFA COMM SQ FT PlA1A 1 0 ~ 16 Boons 20 7205 1099 ~ 0 4 Retail PLAiA II 8297 0 35 Conference 925 0 3 Reiai 1 tcetai i Bar b .Restaurant Office in CMC Wellness Center 300 0 1 672 0 5, 6 828 0 3 1386 0 7 17-786 53 422. TOTALS 288 38 174-135 B. AREA A PROPOSED PROJECTS 1. CORNERSTONE AU OR TR Units 50 TR Accessory Ski Retail Restaurant Hotel Access Rest & Bar Office Conf Raom Hotel Retail Scenario 1 Retail or Scenario 2 Retail Access Ski (Restraoms (Ski School (Lift tickets TOTALS 50 TR DU GRFA 28,110 COMMERCIAL 2190 3000 2465 4850 285 1. 13,250 or P 16,275 SEATS 147 82 28,110 Scenario 1 26>040 or 229 Scenario 2 29,065 CASCADE/WAiERFURD UN SITE STRUCTURED SQ FT PRRICING PARKING 48.1 (av roam 551 sf L~.962 space/room) 7.3 18.4 10.3 19.4 1725 7.2 .0 N 44.2 ~' or 54.3 1140 0 8865 0 Scenario 1 155.9 or Scenario Z 166 a,+ g AREA A PROPOSED PROJECTS (CUNT.) ON SITE CASCADE/WATERFORD. STRUCTURED 2. WATERFUPD AU OR TR DU GRFA COMMERCIAL SEATS SQ FT PARKING PARKING UNITS J Scenario 1 30 60 or 47,500 or Scenario 2 75 TR 15 12.1 RETAIL 3,800 TOTAL Scenario 1; 75 TR 47,500 3,800 Scenario 1 72.7 Scenario 2 .. 30 DU or Scenario 2 87,7 or 3. WESTHAVEN CUNDJS UNITS ?.0 22,500 40 M Employee Units 10 6,400 * 20 Max # TUTAI. r 20 DU 22,500 60 4. hIILLRACE III UNITS ~ 3 6,000 6 TOTAL 3 DU 6,000 6 5. MILLRACE IV UNITS Scenario 1 8 11,200 or 16 or Scenario 2 32 AU 14,000 26.8 TOTAL Scenario 1 8 DU 11,200 16 or 26.8 or.Scenario 2 32 AU 14,000 ~ • * Restricted Employee Dwelling Units shall not count toward density or GRFA. AREA A PROPOSED.PROJECTS (CONT.) CASCADE/WATERFORD ON SITE . STRUCTURED AU UR TR DU GRFA COMMERCIAL SEATS SQ FT PARKING PARKING 6. CASCADE CLUB KDDITIUN Scenario 1 4,500 22.5 Wellness Ctr or Scenario 2 4,500 0 Gymnasium TOTAL Scenario 1 4,500 ~ 22.5 Scer~~lrio 2 ~ 4,500 7. RUUM 2J CONFERENCE CONVERTED TU 1,387 5,5 ** THEATRE ~~ TOTAL 1,381 5.5 '~ 8. PLAZA OFFICE 925 .1 *** TOTAL **** ~ 118,110 MAXIMUMS Total - 101:5 DU ** Room 2J hay alre,~dy been counted as conference parking. The new parking requirement is based 'difference between conference and theatre park requirements. 38,152 13,365 space ~ *** Plaza space has already on the. new parking requirement ing office parking requirem~ **** Total figures represent 66 Minimum 310 Maximum or 235 Minimum been counted fora retail parking re4uir,ement. The is based on the difference between the retail and ants. highest density and commercial scenarios. C. TUTAL PRUJECT DEVELOPMENT CUMPLETED AND PRUPUSED FUR AREA A: CASCADE/WATERFORD UN SITE STRUCTURED DU GRFA COMMERCIAL PARKING PARKING • Maximum** Minimum*** CUMPLETED PROJECTS 182.0 174>135 17,186 53 422 422 PRUPUSED PROJECTS * 101.5 118,110 38,152. 66 310 235 TUTAL DEVELOPMENT AT BUILD-OUT 283.5 292,245 56,538 119 Minimum *Total figures represent highest density and commercial scenarios. **Maximum parking structure requirement assumes Cornerstone Scenario 2, Waterford Scenario 2, Millrace IV Scenario 2> and Cascade Club Scenario 1. ***Minimum parking structure requirement assumes Cornerstone Scenario 1, Waterford Scenario 1, Millrace IV Scenario 1, and Cascade Club Scenario 1. 732 Maximum with 17.5% Mixed Use Credit = 604 spaces 421 spaces in Cascade Structure and 183 spaces in Waterford Structure 651 Minimum with 17.5% Mixed Use Credit = 543 spaces 421 spaces in Cascade Structure 122 spaces in Waterford Structure D. TOTAL PRUJECT MINIMUM AU OR TRs AND MAXIMUM DUs FUR AREA A: AU UR TR CUMPLETED PROJECTS PRUPUSED PROJECTS ' . ~ TUTAL ,~ 288 AU 38 5D TR 61 338 99 ~~ E. Development Controls Area Units GRFA Acres 16 DU/Acre .35 Original Parcel 15.68 252.0 0 256,437 Robbins Parcel I.23 19.68 18,752 Cosgriff Parcel 1.045 16.72 15,932 17.955 288.4 291,121 F. DEVELOPMENT FOR AREA D, GLEN LYON COMMERCIAL SITE TTCF f,RF~ CnMM _ ~(~ _ FT _ PARKTN(~ 1. EXISTING OFFICE 10,150 40.6 2. Glen Lyon Office Ad 2,400 9.6 3. MICRO-BREWERY* OFFICE 700 2.8 BEER HALL 1,774 14.7 Brew Pub 1,858 15.5 Retail 446 1.5 Brew House 6,600 0 Museum 415 0 4. EAST BUILDING Scenario 1 2 Employee Dwellings 1695 i 4 1 Dwelling 1630 2 OFFICE 2,400 9.6 OR or Scenario 2 OFFICE 5,725 22.9 TOTALS Scenario 1 3325 Office 14,950 Brew. 11,793 101 Scenario 2 Office 18,2.75 Brew. 11,793 108 * Additional square footage is allocated for common area per the development plan. ih 18.46.104 DEVELOPMENT PLANS SITE SPECIFIC DEVELOPMENT PLANS ARE APPROVED FOR AREA A AND AREA D. THE DEVELOPMENT PLANS FOR AREA A ARE COMPRISED OF THOSE PLANS SUBMITTED BY VAIL VENTURES, LTD. THE DEVELOPMENT PLANS FOR AREA D ARE COMPRISED OF THOSE PLANS SUBMITTED BY THE GLEN LYON OFFICE BUILDING, A COLORADO PARTNERSHIP. THE FOLLOWING DOCUMENTS COMPRISE THE DEVELOPMENT PLAN FOR EACH AREA: AREA A, CASCADE VILLAGE: 1. CASCADE VILLAGE MASTER PLAN AND BUILDING HEIGHT, ROMA, 10/10/88. 2. WATERFORD AND CORNERSTONE FLOOR PLANS, ROMA, 10/10/88, P. 1-9. 3. WATERFORD AND CORNERSTONE SECTIONS, ROMA, 10/10/88. 4. WATERFORD LANDSCAPE PLAN, ROMA, 10/10/88. 5. WATERFORD SUMMER SOLSTICE, ROMA, 10/10/88. 6. WATERFORD SITE PLAN, ROMA, 10/10/88. 7. WATERFORD ELEVATIONS, ROMA, 10/10/88. 8. WATERFORD WINTER SOLSTICE, ROMA, 10/10/88. 9. WATERFORD EAST ELEVATION HEIGHT ANALYSIS, ROMA, 9/28/88. 10. CORNERSTONE SITE PLAN, ROMA, 10/10/88. 11. CORNERSTONE ELEVATIONS, ROMA, 10/10/88, P. 1-3. 12. CORNERSTONE SUN/SHADE, 10/10/88. I3. CASCADE ENTRY RENDERING, ROMA, 10/10/88. 14. CASCADE CLUB ADDITION SITE PLAN, ROMA, 10/10/88. 15. CASCADE CLUB FLOOR PLAN, ROMA, 10/10/88 16. MILLRACE IV (32 A.U.) PLAN, ROMA, 10/10/88. 17. MILLRACE IV (32 A.U.) FLOOR PLANS, ROMA, 10/10/88. 18. SURVEY, A PART OF CASCADE VILLAGE, EAGLE VALLEY ENGINEERING, 6/8/87, LELAND LECHNER. 19. SITE COVERAGE ANALYSIS, EAGLE VALLEY ENGINEERING, 10/10/88. 20. CASCADE VILLAGE SPECIAL DEVELOPMENT DISTRICT AMENDMENT AND ENVIRONMENTAL IMPACT REPORT: PETER JAMAR ASSOCIATES, INC., REVISED 11/22/88. 17 B. AREA D, GLEN LYON COMMERCIAL SITE 1. VAIL BREWERY COMPANY GLEN LYON OFFICE SITE DEVELOPMENT AREA D MASTER PLAN, ROMA, 11/28/88. 2. VAIL BREWERY FLOOR PLANS, ROMA, 11/10/88. 3. VAIL BREWERY SECTIONS AND ELEVATIONS, ROMA, 11/10/88, P. 1 AND 2. 4. VAIL BREWERY HEIGHT STUDY, ROMA, 11/22/88. 5. GLEN LYON PARKING GARAGE FLOOR PLANS AND SITE PLAN, ROMA, 11/28/88. 6. GLEN LYON PARKING GARAGE SECTIONS/ELEVATIONS, ROMA, 11/28/88. 7. GLEN LYON CONDOMINIUM, ROMA, 11/28/88. 8. GLEN LYON CONDOMINIUM EAST BUILDING, ROMA, 11/28/88. 9. OFFICE ADDITION TO GLEN LYON OFFICE, FLOOR PLAN, ROMA, 10. CASCADE VILLAGE SPECIAL DEVELOPMENT DISTRICT AMENDMENT AND ENVIRONMENTAL IMPACT REPORT: PETER JAMAR ASSOCIATES, INC., REVISED 11/22/88. 18.46.110 Development Standards The development standards set out in Sections 18.46.120 through 18.46.180 are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SD4. They are minimum development standards and shall apply unless more restrictive standards are incorporated in the approved development plan which is adopted by the Town Council. 8.46.120 Setbacks A. AREA A, CASCADE VILLAGE Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property of not less than twenty feet, with the exception that the setback requirement adjacent to the EXISTING Cascade parking structure/athletic club building shall be two feet as approved on February 8, 1982, by the Planning 18 and Environmental Commission. ALL BUILDINGS SHALL MAINTAIN A 50 FOOT STREAM SETBACK FROM GORE CREEK. B. AREA B, COLDSTREAM CONDOMINIUMS REQUIRED SETBACKS SHALL BE AS INDICATED ON THE DEVELOPMENT PLAN. C. AREA C, GLEN LYON DUPLEX LOTS REQUIRED SETBACKS SHALL BE GOVERNED BY SECTION 18.13.060 SETBACKS OF THE PRIMARY/SECONDARY ZONE DISTRICT OF THE TOWN OF VAIL MUNICIPAL CODE. D. AREA D, GLEN LYON COMMERCIAL SITE REQUIRED SETBACKS SHALL BE AS INDICATED ON THE APPROVED DEVELOPMENT PLANS. 18.46.140 Height A. FOR THE PURPOSES OF SD4 CALCULATIONS OF HEIGHT, HEIGHT SHALL MEAN THE DISTANCE MEASURED VERTICALLY FROM THE EXISTING GRADE OR FINISHED GRADE (WHICHEVER IS MORE RESTRICTIVE), AT ANY GIVEN POINT TO THE TOP OF A FLAT ROOF, OR MANSARD ROOF, OR TO THE HIGHEST RIDGE LINE OF A SLOPING ROOF UNLESS OTHERWISE SPECIFIED IN APPROVED DEVELOPMENT PLAN DRAWINGS. B. AREA A, CASCADE VILLAGE 1. THE MAXIMUM HEIGHT FOR THE WESTIN HOTEL, CMC LEARNING CENTER, TERRACE WING, PLAZA CONFERENCE BUILDING AND CASCADE PARKING STRUCTURE/ATHLETIC CLUB IS 71 FEET. 2. CORNERSTONE BUILDING: MAXIMUM HEIGHT OF 71 FEET. 3. WATERFORD BUILDING: MAXIMUM HEIGHT OF 48 FEET AS MEASURED FROM THE FINISHED GRADE TO ANY PORTION OF THE ROOF ALONG THE NORTH ELEVATION (SOUTH FRONTAGE ROAD) AND WEST ELEVATION (WESTHAVEN DRIVE). A MAXIMUM HEIGHT OF 40 FEET AS MEASURED FROM THE LOWEST FLOOR OF THE PARKING STRUCTURE TO THE ROOF EAVE IS APPROVED FOR THE SOUTHEAST BUILDING ELEVATION. A MAXIMUM HEIGHT OF 61 FEET AS MEASURED FROM THE LOWEST FLOOR OF THE PARKING STRUCTURE TO THE ROOF RIDGE IS APPROVED FOR THE SOUTHEAST BUILDING ELEVATION. 19 4. WESTHAVEN BUILDING: A MAXIMUM OF 55 FEET. 5. MILLRACE III: A maximum of 48 feet. 6. MILLRACE IV: A maximum of 48 feet. 7. CASCADE CLUB ADDITION: A MAXIMUM OF 26 FEET. 8. CASCADE ENTRY TOWER: A MAXIMUM OF 36 FEET. 9. The remainder of buildings in Area A shall have a maximum height of 48 feet. C. AREA B, COLDSTREAM CONDOMINIUMS The maximum height shall be 48 feet. D. AREA C, GLEN LYON DUPLEX LOTS The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or mansard roof. E. AREA D, GLEN LYON COMMERCIAL SITE 54% OF THE ROOF SHALL HAVE A HEIGHT BETWEEN 32 AND 40 FEET. 46% OF THE ROOF AREA SHALL HAVE A HEIGHT UNDER 32 FEET. ON THE PERIMETER OF THE BUILDINGS FOR AREA D, HEIGHT IS MEASURED FROM FINISHED GRADE UP TO ANY PORTION OF THE ROOF. ON THE INTERIOR AREA OF ANY BUILDING, HEIGHT IS MEASURED FROM EXISTING GRADE UP TO THE HIGHEST PORTION OF THE ROOF. DEVELOPMENT PLAN DRAWINGS SHALL CONSTITUTE THE HEIGHT ALLOWANCES FOR AREA D. 18.46.160 COVERAGE In Areas A and B, no more than 35% of the total site area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or educational center, 45% of the area maybe covered. In Area C, no more than 25% of the total site area shall be covered by buildings, unless the more restrictive standards of Chapter 18.69 of the Vail Municipal Code apply. IN AREA D, NO MORE THAN 38% OF THE TOTAL SITE AREA SHALL BE COVERED BY BUILDINGS AND THE PARKING STRUCTURE.. 18.46.170 LANDSCAPING At least the following proportions of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate. Areas A and B, fifty percent, and in Areas C and D, sixty percent, of the area shall be landscaped. 20 18.46.180 PARKING AND LOADING A. AREA A, CASCADE VILLAGE 1. Off-street parking shall be provided in accordance with Chapter 18.52, except that 75% of the required parking in Area A shall be located within A PARKING STRUCTURE or buildings. If the development table in Section 18.46.103 is amended, the parking requirements shall be amended accordingly. 2. THERE SHALL BE A MINIMUM OF 421 SPACES IN THE MAIN CASCADE CLUB PARKING STRUCTURE AND A MINIMUM OF 122 UNDERGROUND SPACES IN THE WATERFORD STRUCTURE. 3. THE CASCADE AND WATERFORD PARKING STRUCTURES SHALL BE CONSIDERED TO BE ONE PARKING STRUCTURE FOR THE PURPOSES OF CALCULATING THE MIXED USE CREDIT FOR PARKING SPACES. BOTH PARKING STRUCTURES SHALL BE MANAGED AS ONE ENTITY. A 17.5 PERCENT MIXED USE CREDIT PER THE TOWN OF VAIL PARKING CODE SECTION 18.52.20 HAS BEEN APPLIED TO THE TOTAL NUMBER OF REQUIRED PARKING SPACES COMBINED IN THE CASCADE AND WATERFORD STRUCTURES. ALTERNATIVE DEVELOPMENT PLANS OR SCENARIOS WHICH REQUIRE ADDITIONAL STRUCTURED PARKING SHALL REQUIRE AN EXPANSION OF THE WATERFORD PARKING STRUCTURE BELOW GROUND LEVEL. 4. THE THIRD FLOOR OF THE CASCADE PARKING STRUCTURE SHALL NOT BE USED TO MEET ANY PARKING REQUIREMENTS FOR ACCOMMODATION UNITS, TRANSIENT RESIDENTIAL DWELLING UNITS, EMPLOYEE DWELLING UNITS OR DWELLING UNITS. 5. PHASING: ALL REQUIRED PARKING FOR CORNERSTONE, WATERFORD, MILLRACE IV SCENARIO 2 (32 A.U.'S), AND THE CASCADE CLUB WELLNESS CENTER ADDITION SCENARIO 1 SHALL BE PROVIDED IN THE CASCADE OR WATERFORD PARKING STRUCTURES. AT THE TIME A BUILDING PERMIT APPLICATION IS SUBMITTED TO THE TOWN OF VAIL COMMUNITY DEVELOPMENT DEPARTMENT FOR THE WATERFORD BUILDING AND PARKING STRUCTURE, THE DEVELOPER SHALL BE REQUIRED TO MAKE A FINAL 21 DECISION AS TO WHICH DEVELOPMENT SCENARIOS SHALL BE USED FOR THE CORNERSTONE, WATERFORD, MILLRACE IV AND THE CASCADE CLUB ADDITION. A TEMPORARY CERTIFICATE OF OCCUPANCY SHALL NOT BE RELEASED FOR ANY PORTION OF THE CORNERSTONE, WATERFORD, MILLRACE IV SCENARIO 2 (32 A.U.) OR CASCADE CLUB WELLNESS ADDITION SCENARIO 1 WHICH RELIES ON REQUIRED PARKING BEING PROVIDED IN THE WATERFORD PARKING STRUCTURE UNTIL THE WATERFORD PARKING STRUCTURE HA5 RECEIVED A TEMPORARY CERTIFICATE OF OCCUPANCY FROM THE TOWN OF VAIL BUILDING DEPARTMENT. 6. SEVENTY FIVE PERCENT OF THE REQUIRED PARKING SHALL BE LOCATED WITHIN THE MAIN BUILDING OR BUILDINGS AND HIDDEN FROM PUBLIC VIEW FROM ADJOINING PROPERTIES WITHIN A LANDSCAPED BERM FOR WESTHAVEN CONDOMINIUMS, MILLRACE III, AND MILLRACE IV SCENARIO 1. 7. ALL LOADING AND DELIVERY SHALL BE LOCATED WITHIN BUILDINGS OR AS APPROVED IN THE DEVELOPMENT PLAN. B. AREA B, COLDSTREAM CONDOMINIUMS Fifty percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm. C. AREA C, GLEN LYON DUPLEX LOTS Off-street parking shall be provided in accordance with Chapter 18.52. D. AREA D, GLEN LYON COMMERCIAL SITE 1. 108 PARKING SPACES SHALL BE PROVIDED ON SITE ACCORDING TO THE APPROVED AREA D DEVELOPMENT PLAN. 2. THE PARKING AND ACCESS TO AREA D SHALL BE MANAGED PER THE TDA PARKINGREPORT, PAGE 6 THROUGH 7, AUGUST 10, 1988, BY THE OWNER OF THE PROPERTY. 3. NO LOADING SHALL BE ALLOWED ON THE PUBLIC RIGHT-OF-WAY ALONG THE SOUTH FRONTAGE ROAD ADJACENT TO THE AREA D DEVELOPMENT. 22 4. THE OWNER OF THE PROPERTY AND BREWERY MANAGEMENT SHALL PROHIBIT SEMI-TRUCK AND TRAILER TRUCK TRAFFIC TO THE GLEN LYON COMMERCIAL SITE. THE ONLY TRUCK LOADING .THAT SHALL BE ALLOWED TO THE SITE SHALL BE VANS HAVING A MAXIMUM LENGTH OF 22 FEET. 18.46.190 Recreation Amenities Tax Assessed The recreational amenities tax due for the development within SD4 under Chapter 3.20 shall be assessed at a rate not to exceed twenty-five cents per square foot of the floor area in Development Area A; and at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; .and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and at a rate not to exceed seventy-five cents per square foot in Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. 18.46.200 Conservation and Pollution Controls A. The developer's drainage plan shall include a provision for prevention of pollution from surface runoff. B. The developer shall include in the building construction, energy and water conservation controls as general technology exists at the time of construction. C. WOOD-BURNING FIREPLACES SHALL ONLY BE ALLOWED FOR DWELLING UNITS. NO WOOD-BURNING FIREPLACES OR WOOD STOVES SHALL BE ALLOWED IN ACCOMMODATION UNITS OR TRANSIENT RESIDENTIAL DWELLING UNITS. D. If fireplaces are provided within the development, they must be heat efficient through the use of glass enclosures and heat circulating devices as technology exists at the time of development. E. ALL WATER FEATURES WITHIN DEVELOPMENT AREA A SHALL HAVE OVERFLOW STORM DRAINS PER THE .RECOMMENDATION OF THE ENVIRONMENTAL IMPACT REPORT BY JAMAR ASSOCIATES ON PAGE 34. F. ALL PARKING STRUCTURES SHALL HAVE POLLUTION CONTROL DEVICES TO PREVENT OIL AND DIRT FROM DRAINING INTO GORE CREEK. 23 G. IN AREA D, A MANHOLE ON THE BREWERY SERVICE LINE SHALL BE PROVIDEL':SO THAT THE UPPER EAGLE VALLEY CONSOLIDATED SANITATION DISTRICT MAY MONITOR BOD STRENGTH. H. IN AREA D, THE BREWERY MANAGEMENT SHALL NOT OPERATE THE BREWERY PROCESS DURING TEMPERATURE INVERSIONS. IT SHALL BE THE BREWERY OWNER'S RESPONSIBILITY TO MONITOR INVERSIONS. I. ALL TRASH COMPACTORS AND TRASH STORAGE AREAS SHALL BE COMPLETELY ENCLOSED WITHIN SPECIAL DEVELOPMENT DISTRICT 4. J. PROTECTIVE MEASURES SHALL BE USED DURING CONSTRUCTION TO PREVENT SOIL EROSION INTO GORE CREEK, PARTICULARLY WHEN CONSTRUCTION OCCURS DUE TO THE DEVELOPMENT PLANS IN AREAS A AND D. 18.46.210 Additional Amenities AND CONDITIONS OF APPROVAL FOR SPECIAL DEVELOPMENT DISTRICT N0.4. A. The developer shall provide or work with the Town to provide adequate private transportation services to the owners and guests so as to transport them from the development to the Village Core area and Lionshead area as outlined in the approved development plan. B. Developer shall provide in its approved development plan a bus shelter of a design and location mutually agreeable to developer and Town Council. Said shelter to serve the area generally. C. AREA A, CASCADE VILLAGE 1. THE DEVELOPER SHALL BE RESPONSIBLE FOR PROVIDING A BREAK-AWAY BOLLARD FOR THE EMERGENCY ACCESS ROAD BETWEEN EAGLE POINTE AND WESTHAVEN DRIVE. -THE DESIGN OF THE BOLLARD SHALL BE MUTUALLY ACCEPTABLE TO THE DEVELOPER AND TOWN OF VAIL. THIS IMPROVEMENT SHALL BE CONSTRUCTED WHEN A BUILDING PERMIT IS REQUESTED FOR THE CORNERSTONE, MILLRACE III, MILLRACE IV, WESTHAVEN CONDOMINIUMS, WATERFORD BUILDINGS, OR CASCADE CLUB ADDITION. THE BOLLARD SHALL BE INCLUDED IN THE PERMIT PLANS. THE BOLLARD SHALL BE CONSTRUCTED SUBSEQUENT TO THE ISSUANCE OF A BUILDING PERMIT AND PRIOR TO THE ISSUANCE OF A 24 TEMPORARY CERTIFICATE OF OCCUPANCY FOR THE CORNERSTONE, MILLRACE III, MILLRACE IV, WESTHAVEN CONDOMINIUMS WATERFORD BUILDINGS, OR CASCADE CLUB ADDITION. 2. THE DEVELOPER SHALL CONSTRUCT A SIDEWALK THAT BEGINS AT THE ENTRANCE TO THE CASCADE. CLUB ALONG WESTHAVEN DRIVE AND EXTENDS TO THE WEST IN FRONT OF THE WESTHAVEN BUILDING TO CONNECT WITH THE RECREATIONAL PATH TO DONOVAN PARK. THE WALK SHALL BE CONSTRUCTED WHEN A BUILDING PERMIT IS REQUESTED FOR WESTHAVEN CONDOMINIUMS. THE SIDEWALK SHALL BE PART OF THE BUILDING PERMIT PLANS. THE SIDEWALK SHALL BE CONSTRUCTED SUBSEQUENT TO THE ISSUANCE OF A BUILDING PERMIT AND PRIOR TO THE ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY FOR WESTHAVEN CONDOMINIUMS. 3. THE DEVELOPER SHALL PROVIDE 100 YEAR FLOOD PLAIN INFORMATION FOR THE AREA ADJACENT TO THE WATERFORD AND CORNERSTONE BUILDINGS TO THE TOWN OF VAIL COMMUNITY DEVELOPMENT DEPARTMENT BEFORE BUILDING PERMITS ARE RELEASED FOR EITHER PROJECT. D. AREA D, GLEN LYON COMMERCIAL SITE 1. THE DEVELOPER SHALL AGREE TO CONSTRUCT A BUS SHELTER PER TOWN OF VAIL STANDARDS ADJACENT TO DEVELOPMENT AREA D. THE SPECIFIC LOCATION FOR THE BUS SHELTER SHALL BE MUTUALLY AGREED TO BY THE AREA D OWNER AND/OR DEVELOPER, COLORADO DIVISION OF HIGHWAYS, AND TOWN OF VAIL. THE BUS SHELTER SHALL BE CONSTRUCTED SUBSEQUENT TO THE ISSUANCE OF A BUILDING PERMIT AND PRIOR TO THE ISSUA?dCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY FOR EITHER THE BREWERY ADDITION, OFFICE EXPANSION, EAST OFFICE BUILDING, OR PARKING STRUCTURE. 2. THE DEVELOPER SHALL RELOCATE THE EXISTING BIKE PATH ON AREA D AND PROVIDE A NEW BIKE PATH EASEMENT ACROSS THE GLEN LYON PROPERTY AND CDOH PROPERTY PER THE DEVELOPMENT PLAN FOR AREA D. THE BIKE PATH SHALL BE CONSTRUCTED PER TOWN OF VAIL STANDARDS. THE BIKE PATH 25 SHALL BE CONSTRUCTED SUBSEQUENT TO THE ISSUANCE OF A BUILDING PERMIT AND PRIOR TO THE ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY FOR EITHER THE BREWERY ADDITION, OFFICE EXPANSION, EAST OFFICE BUILDING, OR PARKING STRUCTURE. SUCH TEMPORARY CERTIFICATE OF OCCUPANCIES SHALL BE CONDITIONAL UPON CONSTRUCTION OF THE BIKE PATH PROVIDED FOR HEREIN. 3. THE DEVELOPER SHALL UNDERGROUND THE ELECTRICAL UTILITIES ALONG THE NORTH SIDE OF THE GLEN LYON PROPERTY FROMTHE NORTHWEST CORNER OF THE PROPERTY TO THE NORTHEAST CORNER OF THE PROPERTY. THIS UTILITY WORK SHALL BE CONSTRUCTED SUBSEQUENT TO THE ISSUANCE OF A BUILDING PERMIT AND PRIOR TO THE ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY FOR THE BREWERY ADDITION, OFFICE EXPANSION, EAST OFFICE BUILDING, OR PARKING STRUCTURE. THE UNDERGROUNDING OF THE UTILITIES IS CONTINGENT UPON HOLY CROSS APPROVING THE WORK. 4. THE DEVELOPER SHALL BE RESPONSIBLE FOR RELOCATING THE 20 FOOT UTILITY EASEMENT ON THE WESTERN PORTION OF DEVELOPMENT AREA D AS WELL AS OBTAINING APPROVAL FROM THE TOWN OF VAIL FOR THE RELOCATED UTILITY EASEMENT BEFORE A BUILDING PERMIT IS RELEASED FOR THE MICRO- BREWERY ADDITION. 5. THE DEVELOPER OF THE GLEN LYON OFFICE PROPERTY SHALL NOT FILE ANY REMONSTRANCE OR PROTEST AGAINST THE FORMATION OF A LOCAL IMPROVEMENT DISTRICT OR OTHER FIN ANCING MECHANISM APPROVED BY THE VAIL TOWN COUNCIL WHICH MAY BE ESTABLISHED FOR THE PURPOSE OF BUILDING ROAD IMPROVEMENTS FOR THE SOUTH FRONTAGE ROAD. 6. THE DEVELOPER SHALL PROVIDE A FIRE HYDRANT PER TOWN OF VAIL FIRE DEPARTMENT REQUIREMENTS ON THE NORTHWEST PORTION OF THE PROPERTY. THE SPECIFIC LOCATION FOR THE FIRE HYDRANT SHALL BE APPROVED BY THE VAIL FIRE DEPARTMENT. THE FIRE HYDRANT SHALL BE PROVIDED SUBSEQUENT TO THE ISSUANCE OF A BUILDING PERMIT AND PRIOR TO THE ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY FOR EITHER THE BREWERY ADDITION, OFFICE 26 OCCUPANCY FOR EITHER THE BREWERY ADDITION, OFFICE EXPANSION, EAST OFFICE BUILDING OR PARKING STRUCTURE. 18.46.220 Employee Housing THE DEVELOPMENT OF SD4 WILL HAVE IMPACTS ON AVAILABLE EMPLOYEE HOUSING WITHIN THE UPPER EAGLE VALLEY AREA. IN ORDER TO HELP MEET THIS ADDITIONAL EMPLOYEE HOUSING NEED THE DEVELOPER(S) OF AREA A & D SHALL PROVIDE EMPLOYEE HOUSING ON SITE. THE DEVELOPER(S) OF AREA A AND D SHALL BUILD A MINIMUM OF 10 EMPLOYEE DWELLING UNITS WITHIN EITHER AREA A WESTHAVEN CONDOMINIUM BUILDING OR AREA D EAST BUILDING. EACH EMPLOYEE DWELLING UNIT SHALL HAVE A MINIMUM SQUARE FOOTAGE OF 648 SQUARE FEET THE GRFA AND NUMBS R OR EMPLOYEE UNITS SHALL NOT BE COUNTED TOWARD ALLOWABLE DENSITY OR GRFA FOR SD4. THE GRFA AND NUMBER OF EMPLOYEE DWELLING UNITS SHALL BE RESTRICTED AS EMPLOYEE DWELLING UNITS FOR 15 YEARS FROM THE DATE OF FINAL CERTIFICATE OF OCCUPANCY FOR SAID UNITS. THE EMPLOYEE DWELLING UNIT SHALL NOT BE LEASED OR RENTED FOR ANY PERIOD OF LESS THAN 30 CONSECUTIVE DAYS, AND THAT IF RENTED, IT SHALL BE RENTED ONLY TO TENANTS WHO ARE FULL TIME EMPLOYEES IN THE UPPER EAGLE VALLEY.- THE UPPER EAGLE VALLEY SHALL BE DEEMED TO INCLUDE THE GORE VALLEY, MINTURN, RED CLIFF, GILMAN, EAGLE- VAIL, AND AVON AND THEIR SURROUNDING AREAS. A FULL TIME EMPLOYEE IS A PERSON WHO WORKS AN AVERAGE OF 30 HOURS PER WEEK. IF A UNIT IS SOLD, IT SHALL BE SOLD ONLY TO A FULL TIME EMPLOYEE IN THE UPPER EAGLE VALLEY. THE OWNER SHALL OCCUPY THE UNIT OR LEASE/RENT AS PER THE REQUIREMENTS IN THIS SECTION. THE EMPLOYEE DWELLING UNIT SHALL NOT BE DIVIDED INTO ANY FORM OF TIME SHARES, INTERVAL OWNERSHIP, OR FRACTIONAL FEE OWNERSHIP. A DECLARATION OF COVENANTS AND RESTRICTIONS SHALL BE FILED ON RECORD IN THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER IN A FORM APPROVED BY THE TOWN ATTORNEY FOR THE BENEFIT OF THE TOWN TO ENSURE THAT THE RESTRICTIONS HEREIN SHALL RUN WITH THE LAND BEFORE A BUILDING PERMIT IS RELEASED FOR THE CONSTRUCTION OF THE EMPLOYEE UNITS. 27 18.46.230 TIME REQUIREMENTS SD4 shall be governed by the procedures outlined in Section 18.40.120 Town of Vail Municipal Code. 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 Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and. welfare of the Town of Vail and the inhabitants thereof. Section 6. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail 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 day of ,_1988, and a public hearing shall be held on this ordinance on the day of 1988, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. 28 w Ordered published in full this day of , 1988. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1988. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk 29 • .:~ 1. • •., ~l ' -~` EXHIBIT "A" KOELBEL PROPERTY DEVELOPP4ENT AREA A Vail-Rose 12.370 acres A part of the SW 1/4 NE 1/4 of Section 12, Township 5 South, Range 81 West of the 6th P.M., described as follows: Beginning at a point on the West line of said SW 1/4 NE 1/4 from .which the North one-quarter corner of said Section bears North 0°15' East 2269.48 feet; thence North 0015' East, .along said West Line, 152.36 feet to a point on the Southeasterly right of way line of U.S. Highway No. 6; thence, along said Southeasterly right of way line, as follows: North 52027' East, 102.31 feet; North 49°20' East, 519.57;feet; and North 48°13' East, 549.09 feet, more or less, to a point on the North line of said SW 1/4 NE 1/4; thence North 88°33' East, along the North line of said SW 1/4 NE, 368 feet, more or less, to a point on the centerline of Gore Creek; thence, along the centerline of Gore Creek, as follows: South South South South South West, 1064.10 fey Rose Parcel 36049' 18021' 1024' 12010' 28°41' =t to t West, 101.04 feet; West, 54.08 feet; West, 205.02 feet; West, 110.25 feet; and West, 242.35 feet, thence he point of beginning. South 75°15' 3.190 acres A tract of land situated in the SWQNE; of Section 12, TP 5 S., R. 81 W., of the 6th P.M., lying Southerly of that certain tract of land described in Book 199, Page 197, Northerly and Westerly of the center line of Gore Creek, and lying Northerly and Easterly of those certain tracts described in Book 211 at Page 106, Book 211 at Page 108 and Book 215 at Page 365, described as follows: Beginning at a point on the North-South center line of said Section 12 whence the North quarter corner of said Section 12 bears N. 00015' E. 2269.48 feet; thence N. 75°15' E. 346.26 feet to the true point of beginning, said point being on the South line of that tract described in Book 199, Page 197 and which bears S. 08°26' E. 2205.34 feet from the North quarter corner of said Section 12; thence N. 75°15' E. 717.84 feet along the Southerly line of that tract described in Book 199, Page .197 to the center of Gore Creek; thence S. 28°41' W. 130.61 feet along the center line of said Creek; thence S. 05°24'30" E. 104.50 feet along the center line of said Creek; thence S. 49°29' W. 95.50 feet along the center line of said Creek; thence S. 22034' W. 124.47 feet along the center line of said Creek; thence S. 54000' W. 119.34 feet along the center line of said Creek; to the Southeast corner of that certain tract of land described in Book 211, Page 108; thence N. 33°16'30" W. 140.12 feet along the Easterly line of that tract described in Book 211 at page 108; thence N. 57042'30" W. 169.88 feet along the Northeasterly line of that tract described in Book 211 at page 108; thence N: 86°02'30" W. 162.92 feet along the Northerly line of those tracts described in Book 211 at Page 108 Book 211 at Page 106 to a point; thence N. 32057'30" W. 76.08 feet along the Northeasterly line of that tract described in Book 215 at Page 365, to the point of beginning. .' • ~ -j~- • `' Heede Parcel 1.260 acres a .. ,y a, County of Eagle and State of Colorado, to wit: A tract of land situated in the SWaNE4 of Section 12, Township 5 South, Range S1 West of the 6th Principal Meridian, described as follows: Beginning at a point on the North-South center line of said Section 12 whence the North Quarter Corner of said Section 12 bears North 00 degs. 15 mins. East 2269.48 feet; thence North 75 degs. 15 mins. East 346.26 feet; thence South 32 degs. 57 mins. 30 secs. East 76.08 feet; thence South 11 degs. 00 mins. 30 secs. West 279.99 feet to a point in the center of Gore Creek; thence North 50 degs. 32 mins. West 111.31 feet along the center line of said creek; thence North 38 degs. 40 mins. West 239.09 feet along the center line of said creek; thence South 76 degs. 35 mins. West 89.91 feet along the center line of said creek to a point on the North-South center line of said Section 12; thence North 00 degs. 15 mins. East 13,95 feet along the North-South center line of said Section 12 to the point of beginning. Total GORE CREEK ASSOCIATES PROPERTY DEVELOPMENT AREAS B, C & D Legal Description 16.820 acres 80.700 acres All that part of Section 12, Township 5 South, Range 81 West of the 6th P,M., described as follows: All that part of the NINE; of Section 12, lying Southerly of the Southerly right-of-way line of U.S. Highway No. 6 and Northerly of the Southerly line of said N2NE4j as shown on the plat on file in the office of the Eagle County Clerk and Recorder as Document No. 97489, described as follows: Beginning at the highway survey monument at the intersection of the Southerly line of said highway and the Easterly line of said N2NE;, whence the Northeast corner of said Section l2 bears North 0003' West 634.785 feet; thence South 73026'30" West 1112.13 feet along the Southerly right of way line of said highway; thence South 70034` West 125.10 feet along the Southerly .right of way line of said highway; thence South 69°25' West 100.00 feet along the Southerly right of way line of said highway; thence South 65050' West 100.00 feet along the Southerly line of said highway; thence South 62015' West 100.00 feet along the Southerly right of way line of said highway; thence South 58°40' West 100.00 feet along the Southerly right of way line of said highway; thence South 55°05' West 100.00 feet along the Southerly right of way line of said highway; thence South 51032' West 100.00 feet along the Southerly right of way line of said highway; thence South 47057' West 232.58 feet along the Southerly right of way line of said highway to a point on the Southerly line of said N;NE4i thence North 88°33' East 497.67 feet along the Southerly line of said N2NE; to the center of the NE; of said~Section 12; thence North 88033' East 1379.35 feet along the Southerly line of said N ENE 4 to the Southeast corner of said N ENE ~; thence North Oo03' West 760.95 feet along the Easterly line of said N2NE; to its intersection with the Southerly line of said highway, the point of beginning, ~" "~. .1 . ~,. • 4 CONTINUED AND All that part of the SW4NE4 of Section 12, lying Southerly of the center of Gore Creek as shown on the plat on file in the office of the Eagle County Clerk and Recorder as Document No. 97489, described as follows: _ Beginning at the Northeast corner of said SWaNE4; thence South 88°33' West 131.67 feet to a point in the center of said Creek; thence South 40°09' West 94.04 feet along the center of said Creek; thence South 18°21' West 54.08 feet along the center of said Creek; thence South 1°24' West 205.02 feet along the center of said Creek; thence South 12°10' West 110.25 feet along the center of said Creek; thence South 28°41' West 320.00 feet; thence South 5°24'30" East, 170.00 feet along the center of said creek; thence South 27°00'02" West 85.24 feet along the center of said creek; thence South 54°00' West 259.34 feet along the center of said creek; thence South 65°34' West 109.62 feet along the center of said creek; thence South 69004' West 186.13 feet along the center of said creek; thence South 85°25' West 68.88 feet .along the center of said creek; thence North 77°36' West 26.96 feet along the center of said creek; thence North 50°32' West 199.19 feet along the center of said creek; thence North 38°40' West 239.09 feet along the center of said creek; thence South 76°35' West 89.91 feet along the center of said creek; " to a point on the Westerly line of said SW4NEa; thence South 0015' West 461.90 feet to the center of said Section 12; thence North 89.02' East 1382.65 feet along the Southerly line of said SW4NE4 to the Southeast corner of said SW4NEa; thence North 0006' East 1384.32 feet along the Easterly line of said SW4NE4 to the Northeast corner of said SWaNE4, the point of beginning, AND The NW4SEa of Section 12, Township 5 South, Range 81 West of the 6th P.M.; AND All that part of the SE4NW4 of Section 12, Township 5 South, Range 81 West of the 6th P.M., lying Southerly of the Southerly right of way line of U.S. Highway No. 6, as shown on the plat on file in the office of the Eagle County Clerk and Recorder as Document No. 97489, described as follows: Beginning at the Southeast corner of said SEaNW4; thence South 89°02' West 836.95 feet along the Southerly line of said SEaNWa to a point on the Southerly right of way line of said highway; thence North 52035' East 1057.G7 feet along the Southerly right of way line of said highway to a point on the Easterly line of said SE4NW4i thence South 0°15' West 628.21 feet along the Easterly line of said SEaNW4 to the Southeast corner of said SEaNW4, the point of beginning; EXCEPT THE FOLLOWING: that part described in Book 188 at page 545; that part described in Book 191 at page 241; that part described in Book 203 at page 231; . . . ` ~ .~a ' n•- • R •'s . , ... ~..- it CONTINUED • .. ••~:~i• _, • :. : y •',3',: p , ~. . : ~;;;.. that part described in Book 203 at page 531; , . ,_ ~~ ~""~-}~~,'.' that certain island adjacent to the above-described property, •. .•b11. and "~,'i~''== located in the middl e of Gore Creek, which the parties intend ,j .re, ; ~•.~,~, to exclude from this . transaction; ~`'FS=.-•.: ~ ' ~-~~ Count of Ea le `~ •,' State of Colorado ~:.~° •• ~° . •~, .. r ALSO THE FOLLOWING PARCEL FORMERLY KNOWN AS THE "COSGRIFF PARCEL" A tract of land situated in the SW 1/4 NE 1/4 of Section 12, Township 5 South, Range 81 West of the 6th Principal Meridian, lying Northwesterly of the center line of Gore Creek described as follows: Beginning at a point whence the North Quarter Corner of said Section 12 bears N. 11°03' k'. 2292.72 feet; thence S. 86°02'30" E. 89.50 feet; thence S. 54°42'30" E. 169.88 feet; thence S. 33°16'30" E. 140.12 feet to a point in the center of said cree}:; thence S. 65°34' j,'. 109.62 feet along the center 1 ine of said cree}: ; thence S. 69°C-4' W. 90.78 feet along the center line of said cree}:; thence ;i. 23°12'30" 4.. 377.54 feet to the point of beginning, containing 1.05 acres, sore or less. ALSO DESCRIEEU LE'~in;:]P.~ at br^.:1~rt \•:hc-~^.E' ttif ?+Ort~: ~ii:2`tc: .,G:T:c: Gi S~.'C jE'CiIO:. 1.. ~'E.,_;f .~. ~ ~`~~_' I'.. «~'_i~' IeE~; t}:E~I:CE ~ f~~`~:~'li." I.. B~~E~.L feet; thencE S. 5725'30" E. 169.46 feet; thence S. 32°59'30" E. 141.47 feet to a point in the center of said. creek; thence S. 65°31'36" W. 109.62 feet along the center line of slid creek; thence S . 69°O1 ' 36" t•?. 103 .02 feet a] ong the center line of said creek; thence t;. 23`24'09" t•;. 319.09 feet to the point of beginning. TOGETHEF 4~'1TH an easement as described in Document r ecorded tiuCUSt 5, 198C~_in Boo}~ 306 at Pare 443 :. -. .. YCCC•-r.Ed IL :;CiU}: .~C~ bL J'ctE ~C~ O1 triE Lag,lE County records. ALSO including all water and well rights appurtenant to the above described property, including iai shout limitation , l?ell Fermi t ho. 9=i0~, ~.ater rights decreed in Civil Action Igo. 2375 in Lag]e Count}~ District Court, and all that p~rtio:, of eater rights decreed in Case J:o. 80 C}•: 410, ~•:ater L'ivision 7:0. 5, (Gore P:o. 1 l'?ell - U.OS cis) TO: Planning and Environmental Commission FROM: Community Development Department DATE:. October 10, 1988 SUBJECT: Request to amend Special Development District #4, Area A, Cascade Village. Applicant: Vail Ventures, Ltd. I. BACKGROUND AND INTRODUCTION TO THE CASCADE VILLAGE DEVELOPMENT Cascade Village was annexed into the Town of Vail in December of 1975 by Ordinance No. 26. Before being annexed to Vail, the area was zoned for 6 units per acre with the option to propose a comprehensive development plan. (PEC minutes 2/5/1976). In March of 1976, the SDD4 zoning was imposed. In respect to the underlying zone district, Cascade Villge is unique in that the Town initially approved SDD 4 zoning. There was no other Town of Vail underlying zone district before the SDD. Special Development District No. 4 is divided into the following areas: Development Area Area Known As A B C D The density allotment original ordinance was acres for a density of Cascade Village Coldstream Condominiums Glen Lyon Duplex Lots Glen Lyon Office Building for Cascade Village, Area A in this 252 dwelling units located on 16.82 15 dwelling units per acre. Ordinance No. 28 of 1977 revised the original ordinance in a number of ways. This ordinance changed the development areas B,C and D and required dedication of over 40 acres of open space to the Town. Cascade Village continued to be responsible for maintaining all common areas, interior roads and plazas for the project. This ordinance also revised some of the submittal requirements as well as refined permitted and conditional uses allowed in Development Area A (Cascade Village). Some other minor changes such as numerical changes to section numbers in the zoning code were also provided for in Ordinance 28. In January of 1979 there was an amendment to SDD4 .with regard to submittal requirements. The applicant requested that a determination be made as to exactly what type of submittal requirements would be necessary to review the project. This amendment was approved in preparation for the April and May review of the development plan. C On May 22, 1979, the PEC reviewed several amendment requests. The first amendment called for enlarging Development Area A to include the 1.25 acre Robbins tract. The new acreage for Area A would then total 18.078 acres. Additional commercial square footage was also requested. The single major issue in the approval process of the development plan of 1979 was the creation of a third village for Vail with respect to the amount of commercial proposed and the proposed educational/learning center. Employee housing was an integral part of the development plan in the discussion in May of 1979. The proposal at that time was for 32 rental units of approximately 850 square feet each. The possibility of using industrial revenue bonds to construct the housing was discussed. The timing for the employee housing project was represented as the second year of construction, but earlier if possible. The Planning Commission approved the request for a total commercial square footage of 21,700 square feet. The developer agreed to easements for bicycle paths and agreed to work with the Highway Department to provide a left-hand turning lane and acceleration and deceleration lanes off of the South Frontage Road to Westhaven Drive. The developer also agreed to provide a bus shelter and turn- around in the project. The proposed employee housing units (20) became part of the development plan. In June of 1984, a major amendment was again requested for Development Area A (Cascade Village). The .amendment requested that the original density of 15 dwelling units per acre be applied to both the 1.25 acre Robbins parcel which had been annexed to the SDD in 1979, and for the. 1.045 acre Cosgrif parcel proposed to be annexed with this current request. 37,000 square feet of commercial was requested with the rationale that it was a necessity to the development program to provide support retail, considering the clientele the development was hoping to attract. A revision to the employee housing requirement and changes to the height calculation method were also addressed. The staff supported the additional density and commercial square footage. The employee housing issue was resolved by requiring that "on a yearly basis, a contractual agreement between the employer and the developer showing evidence of employee housing that is satisfactory to the Town of Vail be made available." The present SDD had stated that the developer provide 20 dwelling units for long term rentals to employees of the project on an ongoing basis. The staff felt that 20 units was the minimum acceptable requirement. The proposal for 18 fireplaces within accommodation units was not approved by the staff or the PEC. The developer was required to 2 C participate in the study to develop a reasonable plan for a left-hand turn lane off of the South Frontage Road into the Cascade Village development. Parking requirements were also amended to require 40 spaces for the Plaza conference facility. 3 C II. SUMMARY OF AMENDMENT REQUESTS Vail Ventures, Ltd. proposes to amend SDD4 to allow for changes in requirements as well as adjustments to development of the remaining 5 undeveloped sites within Area A. These sites include: Cornerstone, Waterford, Westhaven Condominiums, Millrace III and Millrace IV. The applicant has stated that "the amendments are necessary due to changes resulting from the construction of the Cascade chair lift, the completion of the Westin Hotel and the changing markets for real estate and guests services; all of which have affected the overall master plan. for Cascade Village." The following amendments are requested for Cascade Village Development Area A: A. Approval of alternative development scenarios for Waterford, Cornerstone, and Millrace IV sites. The developer is requesting the flexibility to have options as to whether Waterford or Millrace IV should be developed using the transient residential, accommodation unit, or the dwelling unit plan. In C addition, there would be differences in commercial development depending on whether the Cornerstone site was developed using the commercial plan "a" or special attraction/commercial plan "b". B. Approval of "restricted dwelling unit or transient residential dwelling unit" for Cornerstone and Waterford sites. For the purposes of this memo, the restricted dwelling units shall be referred to as a transient residential dwelling unit or TR in this memo. Transient Residential Dwelling Unit: A dwelling unit located in a multi-family dwelling that is managed as a short term rental in which all such units are operated under a single-management providing the occupants thereof customary hotel services and facilities. For the purposes of this SDD 4, a short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The kitchen shall be designed so that it may be locked and separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or balconies without passing 4 C through another accommodation unit, dwelling unit, or transient residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as set forth in Sections 17.26.075 - 17.26.120 governing condominium conversion. The unit shall not be used as a permanent residence. Fractional fee ownership shall not be allowed to be applied to transient residential units. For the purposes of determining allowable density per acre, transient residential units shall be counted as one- half of a dwelling unit. Transient residential dwelling unit parking requirements shall be 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA with a maximum of 1.0 space per .unit. C. Special Attraction: Conditional Use for the Cornerstone Building, 8080 s.f. A special attraction is defined as a museum, seminar or research center, or performing arts theatre or other similar cultural center. D. Approval of "Fractional Fee Ownership" as defined in the Town of Vail Municipal Code Section 18.04.135. C Fractional fee means a tenancy in common interest in improved real property, including condominiums, created or held by persons, partnerships, corporations, or joint ventures or sim?_lar entities, wherein the tenants in common have formerly arranged by oral or written agreement or understanding, either recorded or unrecorded allowing for the use and occupancy of the property by one or more co-tenants to the exclusion of one or more co-tenants during any period, whether annually reoccurring or not which is binding upon any assignee or future owner of a fractional fee interest or if such agreement continues to be in any way binding or effecive upon any co-tenant for the sale of any interest in the property. Fractional Fee Ownership shall be a conditional use for dwelling units in Westhaven's multi-family dwelling and shall not be applied to restricted employee dwelling units or transient residential dwellings. Approval for ownership intervals of no less than 5 weeks is requested. E. Approval of maximum height for Waterford of 48 feet, as measured from the finished grade to the roof ridge along the South Frontage Road and Westhaven Drive. A building elevation height of 61 feet from the lowest floor of the parking structure up to the building's 5 C roof ridge and 40 feet from the lowest floor of the parking structure to the eave is requested for the creek side or southeast building elevation. F. Approval of maximum height for Cornerstone of 71 feet as previously approved for the Plaza building. Height is measured from the roof ridge down to finished or existing grade, whichever is most restrictive. G. Approval of addition to east end of the Cascade Club for either a lap pool, wellness center, or small gymnasium at 4,500 s.f. The wellness center would be a conditional use with required parking provided. The 20 foot setback is maintained along the South Frontge Road. The maximum height is 26 feet. H. Approval of first floor office space in the new Plaza Conference Center having a maximum square footage of 925 square feet. Presently space is approved to be retail. I. Approval of second floor, Room 2J in the CMC building to be converted from conference space to retail and/or theatre with required parking provided, 1387 s.f. J. Approval for the mixed use credit of 17.5 to be applicable to the Cascade Village and Waterford parking structures. K. Approval of request to eliminate requirement for common carrier parking. L. Approval of request to eliminate the existing SDD4 employee housing requirement that a "Contractual agreement between the employer and developer showing evidence of employee housing that is satisfactory to the Town be made available to the Department of Community Development." The developer proposes to provide a minimum of 10 employee dwelling units having a minimum square footage of 640 square feet per unit within Development Area A and/or D. The GRFA and number of employee units shall not be counted toward allowable density or GRFA. The units shall be restricted as employee housing units for 15 years from the date of the final certificate of occupancy for said units. The employee dwelling unit shall not be leased or rented for any period of less than thirty consecutive days, and that if it shall be rented, it shall be rented only to tenants who are full-time employees in 6 C the Upper Eagle Valley. The Upper Eagle Valley shall be deemed to include the Gore Valley, Minturn, Red Cliff, Gilman, Eagle-Vail, and Avon and their surrounding areas. A full-time employee is a person who works an average of thirty hours per week. If the unit is sold, it shall be sold to a qualified purchaser. A qualified purchaser shall be defined as a full-time employee in the Upper Eagle Valley as defined in the previous paragraph. The employee dwelling unit shall not be divided into any form of time-shares, interval ownership or fractional fee. A declaration of covenants and restrictions shall be filed of record in the office of the Eagle County clerk and recorder in a form approved by the town attorney for the benefit of the town to ensure that the restrictions herein shall run with the land before a building permit is released for the construction of the employee units. M. Approval for 55 foot height for Westhaven building as measured from the finished or existing grade C whichever is most restrictive. N. Approval for 96 wood-burning fireplaces which is equivalent to the numlier of dwelling units approved yet unbuilt for the SDD. This means that transient residential, accommodation units, and dwelling units would be allowed to have wood-burning fireplaces up to the 96 maximum amount. O. Approval for an entry tower located at the northeast corner of the Cascade Club. The height requested is 36 feet. The 20 foot setback is maintained. P. Approval for a total commercial square footage of 53,513 s.f. or 56,538 s.f. Q. Approval for 293,715 s.f. of total GRFA. 7 C III. DESCRIPTION OF THE PROPOSED DEVELOPMENT AMENDMENTS FOR THE FIVE REMAINING SITES IN AREA A: A. CORNERSTONE BUILDING Location: Site is to the south of Westhaven Drive and north of the Terrace Wing. Proposal: Fifty transient residential units are proposed. The request also consists of two alternatives for commercial development. Alternative A has 26,040 square feet of retail, while Alternative B has 29,065 square feet which includes the "Special Attraction" use. Ski accessory uses for the Cascade lift are also provided for in this building. Parking is provided in the structures. Please see Chart at the end of this section for a breakdown of square footage/use. Zoning: CORNERSTONE ZONING ANALYSIS C Existing SDD Remaining Proposed SDD Development Potential Develop. Potential Height 71` 71' AU 20 au 0 DU 15 du 50 transient resid. Total Units 25 du 50 TR or 25 du GRFA 30,628 sf 28,110 sf Commercial 19,214 26,040 (A) 29,065 (B) GRFA: Under allowable by 2,518 square feet. Commercial: Over allowable by 6,826 square feet (Plan A) or 9,851 square feet (Plan B.) The increase in commercial square footage for this site is the most outstanding difference between the 8 proposed plan and the original plan.- All retail, office, and restaurant space has been included in the total commercial square footage. In Plan A, hotel related retail and restaurant contributes 2,750 square feet. Accessory ski retail adds 2,190 square feet. The remaining commercial of 21,000 square feet is general retail and office. Plan B shows an increase in commercial square footage due to the Special Attraction use which equals 8,080 square feet. The building foot print has been extended to the east to incorporate the ski accessory uses, such as a ticket office, ski lockers, public restrooms and skier retail. For this reason, site coverage has increased for this parcel but is still under the allowable coverage of 45%. The 71' foot height also matches what was originally approved for the building. B. WATERFORD BUILDING C ~_ Location: Adjacent to the South Frontage Road. East of the Cascade Club across Westhaven Drive. Presently, fill is stockpiled on the site. Proposal: The Waterford Building consists of approximately 3,800 square feet of retail space and either 30 residential units or 75 transient residential units. The GRFA for either scenario totals 47,500 square feet. A two-level underground parking structure would be built below the residential and commercial development. A 20 foot setback .shall be maintained along the north property line adjacent to the South Frontage Road. A minimum 20 foot buffer shall be maintained between the edge of the bike path along Gore Creek and the Waterford Building. 9 C Zoning: WATERFORD ZONING ANALYSIS Existing SDD Remaining Proposed SDD Development Potential Develop. Potential Height 48' 48' to 61' D.U. 45 D.U. Alt. l: 30 D.U. Alt. 2&3: 75 T.R. GRFA 49,227 47,500 Retail 0 3,800 Number of Units: Plan 1 is under the allowable by 15 dwelling units. Plan 2 is under the allowable by 7.5 dwelling units. GRFA: Under allowable by 1,727 square feet. Commercial: Over by 3,800 square feet, the original proposal did not call for retail on this site. Height: Over height limit by 13 feet on th southeast (Gore Creek) side of the building. C. WESTHAVEN CONDOS Location: The site is located north of Westhaven Drive, immediately west of the Cascade Club. Presently, foundations exist on this .site. The proposal was originally called Club Condominiums. Proposal: The Westhaven Condominiums include 24 dwelling units that have 24,000 square feet of GRFA. In addition, 7 employee dwelling units would be located on this site. The developer is requesting fractional fee ownership as a conditional use for the 24 dwelling units. Fractional ownership would not be applied to the required employee housing units. All parking is provided on site. The 20 foot setback is maintained on the north, east, and west sides of the property. Westhaven will be connected to the Cascade Club by a sky bridge. 10 C Height D.U. GRFA Zoning: WESTHAVEN ZONING ANALYSIS Existing SDD Remaining Proposed SDD Development Potential Development Potential 48' S5' 25 D.U. 22,500 s.f. 24 D.U. 24,000 s.f. Number of Units: Under allowable by 1 dwelling unit. GRFA: Over allowable by 1,500 square feet for dwelling units. 6400 square feet is requested for the employee housing units. Height: Over allowable by 7 feet to allow for employee housing. D. MILLRACE III Location: The site is just north of the bridge connecting Cascade Village to the Glen Lyon Subdivision. The site is located on the west side of Westhaven Drive. Proposal: Millrace III is proposed to consist of 3 residential dwelling units having 6,000 square feet of GRFA. Parking would be provided on site. Zonin MILLRACE III ZONING ANALYSIS Existing SDD Development Height 48' D.U. 3 GRFA 6,500 GRFA: Under allowable Remaining Proposed SDD Potential Development Potential 48' 3 6,000 by 500 square feet. 11 E. MILLRACE IV Location: Adjacent to the west side of the Westin Hotel along Gore Creek. Millrace Phase I is directly to the west. Proposal: Two alternatives are contemplated for this site. Plan A would include 8 residential dwelling units having 14,000 square feet of GRFA. Plan B would be comprised of 32 accommodation units attached to the west side of the Westin Hotel. GRFA for the accommodation units would equal 14,000 square feet. Parking for the 8 dwelling unit plan would be provided on site. The accommodation unit plan would rely on structured parking. Zoning: MILLRACE IV ZONING ANALYSIS Existing SDD Remaining Proposed SDD Development Potential Development Potential Height 48' 48' D.U. 8 Alt. 1: 8 A.U. 0 Alt. 2: 32 A.U. Total D.U. 8 Alt. 1: 8 D.U. Alt. 2: 16 D.U. GRFA: 11,200 s.f. 14,000 s.f. Number of Units: Alt. 2 is over allowable by 8 D.U.s GRFA: Both plans over allowable by 2,800 s.f. 12 w Ylroru~ Il~trie~ 4......i lu.::...i ~.........Il ~ .~ i.::.....e 6:.,,..._.;~ W..._._~ i~:.__ y ~. ~ 4~~___. ~ L.._. ~ ., _;. ;; !Figure 4 __ _ .~ , .. Future Development ' • ' AU TR DU GRFA CUMM SQ FT SEATS ON SITE STRUCT PARKING PARK GROSS SQ FT CORNERSTONE GRFA 50 28,110 ' (avg rm 561 sf @ .962 spaces) 48.1 Acessory Ski Retail 2190 7,3 Restaurant 3000 147 18.4 Hotel/Rest/Bar 2465 82 10.3 Office 4850 19.4 Conf. Room 1725 7,2 Hotel Retail ~ 285 i.0 Retail (A) or ~ or (13,250 (44.2 Retail (Bj (16,275 or ( 54.3 • Access. Ski 7140 50 28,110 26,040 (A) 8865 229 155.9 (A S ~ (A)gg,g15 29,065 (8) 166 8 (8)92,940 14 IV. EXPLANATION OF THE ALTERNATIVE DEVELOPMENT SCENARIOS The two primary reasons the developer is requesting alternative development scenarios is 1) to "allow flexibility in terms of the number and types of RESIDENTIAL units within the Waterford and Millrace Phase IV buildings" and 2) to allow flexibility in the amount of commercial square footage allocated to the Cornerstone building. The exterior building design would remain the same regardless of which combination of units and commercial is used. The alternatives are as follows: A. RESIDENTIAL ALTERNATIVES C C Alternative Cornerstone Waterford Westhaven Millrace III Millrace IV Total Alternative 2 Cornerstone Waterford Westhaven Millrace III Millrace IV Total Alternative 3 Cornerstone Waterford Westhaven Millrace III Millrace IV Total Alternative 4 50 TR 32 AU 82 50 TR 75 TR 32 125 TR 50 TR 50 DU 30 24 3 57 PARKING STRUC. ON-SITE 48.1 60 48 6 26.8 134.9 54 48.1 75 24 48 3 6 _ 26.8 27 149.9 54 48.1. 30 60 24 48 3 6 8 16 65 108.1 70 Cornerstone 50 48.1 Waterford 75 75 Westhaven 24 48 Millrace III 3 6 Millrace IV 8 16 _ Total 125 35 _ 123.1 70 15 C Special Development District 4 allows a total maximum density of 288 dwelling units with a minimum of 308 accommodation units and a maximum of 134 dwelling units within Area A. Currently, 38 dwelling units exist and 288 accommodation units exist, which is the equivalent of 182 dwelling units (2 au = 1 du). Under each alternative, the total dwelling unit equivalent is less than the remaining equivalent of 106 dwelling units. Alternative 1: 8.0 units less than total allowed Alternative 2: .5 units less than total allowed Alternative 3: 16.0 units less than total allowed Alternative 4: 8.5 units less than total allowed All three alternatives meet the minimum requirement of 308 accommodation units as long as transient residential units are counted as accommodation units. All of the three proposals are 2624 square feet over the allowable GRFA excluding the GRFA for employee housing. NUMBER OF AU'S OR TR PROPOSED PLUS EX. AU Alternative Alternative 1: 2: 370 445 over over required minimum required minimum by by 62 137 AU/TRS AU/TRS Alternative 3: 338 over required minimum by 30 AU/TRS Alternative 4: 413 over required minimum by 105 AU/TRS In summary, the proposal does not exceed the allowable density and actually provides more AU's than are required in the existing SDD. All of the alternatives are 2,624 sf over the allowable GRFA. Employee units have not been included in these calculations. B. COMMERCIAL SCENARIOS The Cornerstone Building has two scenarios for commercial development. Plan A plus the existing commercial development equals 53,513 s.f. Plan B plus the existing commercial development equals 56,538 s.f. The existing SDD allows for 37,000 s.f. of commercial. The proposal calls for an increase in total commercial of 16,513 s.f. to 19,538 s.f. 16 V. TOTAL DEVELOPMENT COMPARISON BETWEEN THE REMAINING APPROVED SPECIAL DEVELOPMENT DISTRICT AND THE PROPOSED DEVELOPMENT ALTERNATIVES This section compares the total existing approved development potential remaining in Area A to the proposed development requested through the amendment process. The first chart at the end of this section shows the completed projects for Development Area A. Below, the chart shows the approved total square footages for SDD4 and deducts the completed projects to indicate the remaining development potential under the approved SDD. EXISTING SDD4 DEVELOPMENT SUMMARY APPROVED EXISTING REMAINING DEVEL. SDD DEVELOPMENT UNDER EXIST SDD C TOTAL DU 288 182 106 AU OR TR 308 min* 288 20 DU 134 max* 38 96 GRFA 291,121 174,135 116,986 COMMON 37,000 17,786 19,214 *Currently, SDD4 allows a total maximum of 288 dwelling units. The maximum and minimum numbers of au's and du's were established to ensure that the project would have a greater emphasis on lodge rooms than dwelling units. The next chart compares the three proposed development alternatives to the remaining development potential allowed under the existing SDD. EXISTING REMAINING DEVELOPMENT COMPARED TO PROPOSED DEVELOPMENT DEVELOP REMAINING ALT #1 ALT #2 ALT #3 ALT #4 TOTAL DU 106 98 105.5 90 97.5 AU OR TR 20 82 157 50 125 DU 96 57 27 65 35 GRFA 116,986 119,610 119,610 119,610 119,610 COMMER 17,786 35,727 (A) 35,727 (A) 35,727 (A) 32,727(A) or or or or 38,752 (B) 38,752 (B) 38,752 (B) 38,752 (B) The following summaries highlight how the remaining development under the existing SDD compares to the proposed developments for Alternatives 1, 2 and 3. 17 C Alternative 1 compared to remaining approved development: Total Unit Number: 8 units under allowable Minimum Accommodation Unit Number: 62 units over A.U. minimum Maximum Dwelling Unit Number: 39 units under D.U. maximum GRFA: 2624 s.f. over allowable Commercial: 16,513 s.f. over allowable, Plan A 19,538 s.f. over allowable, Plan B Alternative 2 compared to the remaining approved development: C Total Unit Number: 0.5 units under allowable Minimum Accommodation Unit Number: 137 units over A.U. minimum Maximum Dwelling Unit Number: 69 units under D.U. maximum GRFA: 2,624 s.f. over allowable Commercial: 16,513 s.f. over allowable, Plan A 19,538 s.f. over allowable, Plan B Alternative 3 compared to the remaining approved development: Total Unit Number: 16 units under allowable Minimum Accommodation Unit Number: 30 units over A.U. minimum Maximum Dwelling Unit Number: 31 units under D.U. maximum GRFA: 2,624 over allowable Commercial: 16,513 s.f. over allowable, Plan A 19,538 s.f. over allowable, Plan B Alternative 4 compared to the remaining ap roved development: Total Unit Number: 8.5 under allowable Minimum Accommodation Unit Number: 105 over allowable Maximum Dwelling Unit Number: 61 under allowable GRFA: 2,624 over allowable Commercial: 16,513 s.f. over allowable, Plan A 19,538 s.f. over allowable, Plan B The following chart compares the TOTAL approved special development district to the TOTAL proposed special development district alternatives: APPRVD PROPOSED PROPOSED PROPOSED PROPOSED SDD ALT #1 ALT #2 ALT #3 ALT #4 TOTAL DU 288 280 287.5 272 279.5 AU OR TR 308 min 370 DU 134 max 95 445 65 293,745 53,513 (A) or 56,538(B) 338 103 293,745 53,513 (A) or 56,538(B) 413 GRFA 291,121 293,745 COMMER. 37,000 53,513 (A) or 56,538 (B) lg 73 293,745 53,513 (A) or 56,538 (B) C The proposed-SDD alternatives are under the total allowable density and met the minimum and maximum requirements for AU's and DU's. The commercial is 16,513 s.f. to 19,538 s.f. over the allowable under the existing SDD. This is a 45~ to 53~ increase in commercial square footage. Total GRFA is over allowable by 2624 square feet. C 19 ~. COMPLETED PROJECTS IN SDD4 AU DU GRFA MILLRACE I 16 20,000 MILLRACE II 14 17,534 WESTIN 148 55,457 Alfredo's rv Cafe 0 Little Shop Pepi Sports W & H Smith, Vaurnet CMC BUILDING Cascade Wing 8 15,870 Clancy's Theatre College Classrooms College Office Mtg Room 2J TERRACE WING Rooms 120 58,069 Retail ~,.~ ~ . RETAIL/ CUMM SQ FT NON-STRUCT PARKING STRUCT PARK 28 0 25 0 0 115 104 seats 0 0 74 seats 0 0 1250 0 0 2436 0 0 900 p 0 16 1600 ~ 0 13.3 4220 28 4792 0 40 954 0 4 - 1387 0 :6 0 105 5856 0 20 COMPLETED PROJECTS (CON'T) AU PLAZA I Rooms 20 Retail PLAZA II N Conference Retail CASCADE CLUB Retail Bar & Restaurant Office in CMC Wellness Center RETAIL/ DU GRFA CUMM SQ FT NUN-STRUCT PARKING STRUCT PARK 7205 0 16 1099 0 4 8297 0 35 925 0 3 300 0 1 672 0 5.6 828 0 3 1386 0 7 TOTALS 288 38 174,135 17,786 53 422 VI SPECIAL DEVELOPMENT DISTRICT DESIGN CRITERIA It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or to demonstrate that one or more of them are not applicable, or that a practical solution consistent with the public interest has been achieved. A. DESIGN COMPATIBILITY AND SENSITIVITY TO THE IMMEDIATE ENVIRONMENT, NEIGHBORHOOD AND ADJACENT PROPERTIES RELATIVE TO ARCHITECTURAL DESIGN, SCALE, BULK, BUILDING HEIGHT, BUFFER ZONES, IDENTITY, CHARACTER, VISUAL INTEGRITY AND ORIENTATION. Cornerstone• The overall design of this building is very positive. The building meets the height standard of 71'. The developer has redesigned the eastern elevation of the cornerstone building in order to pull the eaves line down to minimize the height. A minimum setback of 20 feet will also be maintained from the bike path. Even though the building has been extended to the east to allow for the ski accessory as well as a small amount of ski retail, this portion of the building consists primarily of rooms and hotel functions which are allowed presently under the approved SDD. Staff recommends that the Cornerstone building bridge connection between the east and west buildings be opened up. Our opinion is that it would be positive to be able to see through more of the Cornerstone building and up to the Cascade Lift and ski mountain instead of being confronted by building mass on all three sides as you enter the project. Waterford: The original proposed height was 71 feet. At the first work session on this project, the Planning Commission indicated that a 55' height limit would be appropriate for this building. The Waterford building is most visible from the South Frontage Road and Westhaven Drive. The height has been decreased to 48 feet as measured from finished grade to meet the previously approved height. The building is also situated below the Frontage Road to decrease impacts. The proposed 61 foot height along the southeast elevation is acceptable, as the eave line will have a height of 40 feet which will greatly decrease the impact of the 61 foot ridge height. 22 C The 20 foot front setback will also be maintained along the South Frontage Road which will decrease the impact of the building mass. A 20 foot buffer will exist between the building and bike path on the creek side of the project. The bike path will be moved 5 feet towards the creek and the building pulled back to establish the 20 foot buffer. C C Staff feels strongly that substantial landscaping should be required along the north and southeast elevations of the Waterford. The developer has made a significant effort to respond to the PEC and staff requests to decrease the height. However, from the view analysis, it is clear that the building's mass will have impacts. Millrace III• The staff does not have a specific site plan for this property. However, the developer is proposing to maintain the same number of units and height and decrease GRFA. A 20 foot setback would be maintained along Westhaven Drive. Millrace IV• Staff's opinion is that the 32 accommodation unit site plan is much more compatible with the site than the proposal to locate 8 dwelling units on this parcel. The 32 accommodation unit plan allows for an adequate open space buffer between the Westin Hotel and the existing Millrace development. The 8 dwelling unit plan needs to be consolidated to maintain adequate open space between the Westin and Millrace. This buffer becomes even more important when private residential units are adjacent to a hotel operation. Staff believes that the additional GRFA on this site for the accommodation unit plan is appropriate. Lodge rooms meet a community need which has been encouraged in the Land Use Plan. We do not feel that the additional GRFA is necessary for the 8 dwelling unit plan. Staff recommends that the 8 D.U. plan be denied. The request for additional GRFA is unsupportable and the site plan does not meet the SDD criteria, particular- ly in respect to site planning, landscaping, and adequate buffer zones. 23 Westhaven• This project has already received a building permit which has since expired. Staff's understanding is that the project would be constructed in a similar manner to what has been previously approved. The developer is proposing to remove 1 dwelling unit and increase the GRFA by 1,500 square feet. The Westhaven height will be increased from 48' to 55' to allow for the additional employee housing units. The building is situated below the Frontage Road, so the height increase will have very little impact. B. USES, ACTIVITY AND DENSITY WHICH PROVTDE A COMPATIBLE, EFFICIENT AND WORKABLE RELATIONSHIP WITH SURROUNDING USES AND ACTIVITY. Alternate Development Scenarios: For the most part, the alternative plans focus on flexibility in the type and number of residential units and amount of commercial. Millrace IV is the only alternative that has two different site plans. C The Waterford and Cornerstone buildings would have the same exterior appearance and site plan regardless of the residential unit mix and amount of commercial. Staff feels comfortable with the alternative development plans proposed for the project. It is felt that a good mix of office, retail, lodging and residential units is maintained with these proposals. The changes in design for the various alternatives are minimal and therefore make it acceptable to approve alternative uses. Transient Residential: The concept is that the TR unit will function as an accommodation unit, but will have a small kitchenette for convenience cooking. The unit is not intended to function as a dwelling unit. The TR must also be managed by a single management entity to ensure that customary hotel services and facilities are provided to occupants. These hotel services and facilities would typically include front desk services, lobby, housekeeping facilities, laundry service and recreation facilities. In addition, the fact that the units must be used according to the short term rental definition will ensure that the units function as accommodation units. 24 The TRs may be converted to condominiums under the Lodge Room Conversion sections of the Subdivision C Regulations. Even if the TRs were typical AUs, the option to convert the AUs would be available. Transient residential units should not be allowed to have a wood burning fire place. Wood burning fire places should be used exclusively for dwelling units. Additional Commercial: The increase in total square footage for commercial space has been designed so that the buildings containing commercial meet the existing development standards for the special development district except for the Waterford's southeast elevation's height. Staff believes that the additional square footage should be viewed in a similar way to the manner in which Commercial Core I and II projects are reviewed. In these zone districts, commercial square footage is unlimited and the buildings are required to meet design standards. Basically, Cascade Village is very similar to a CCI or CCII type project. The staff feels that it would be reasonable to require that all buildings approved for commercial on first floor or street/plaza level have the same uses C that are permitted in Commercial Core I zoning. The intent of this project has always been to create a mixed use development.. By adopting the CCI permitted uses for the first floor, staff believes that the mix of commercial found. in the Village and Lionshead would be ensured. Another reason that the CCI uses are appropriate is that 3,800 square feet of commercial is proposed adjacent to the bus stop in the Waterford building. This commercial should not be convenience type retail which would encourage people to park on Westhaven Drive shops for easy pick-up of goods. The staff had a similar concern with the Treetops commercial building. We feel that the Waterford retail space could have the same problems as Treetops if appropriate retail uses are not determined. GRFA: Staff believes that the project's total GRFA must come under the existing SDD's approved cap of 291,121 square feet except for the additional GRFA requested for the Millrace IV 32 AU plan. We do feel that the mix of .accommodation units and dwelling units is very positive as long as transient residential units are not fractionalized. We support the exclusion of GRFA for employee housing units. 25 C Fractionalization: Fractionalization will be applied only to Westhaven and will be reviewed as a conditional use. The interval should not be allowed to be less than S weeks to ensure a high quality project. The conditional use process will require that customary hotel services and facilities be provided if fractional fee ownership is requested. ~ecial Attraction: Staff supports the idea of It is appropriate to review conditional use. Wellness Center: the special attraction. the proposal as a Staff has no problem with the request of a wellness center, as long as it is reviewed as a conditional use so that parking impacts may be addressed. If the space is developed as a small gymnasium or pool, there would be no additional parking impact and, therefore, we feel it can be considered to be a permitted use. First Floor Office in Plaza Conference Center: Although at face value this request may seem very minor, staff feels strongly that the office should not be approved. As has been stated in the memo, the intent of Cascade Village was to create a mixed use project similar to CCI and CCII. The CCI and CCII zoning does not allow offices on first floors. The reason for this is to insure that retail is located on the first floor to add activity and interest at the street level. To approve the office would also be precedent setting and would mean that first floor office .space could also be requested for other projects, such as the Gateway Special Development District or Vail Village Inn Special Development District. Room 2J CMC Building: Staff supports the space to a theatre required parking is request to change the conference or retail space as long as the provided. 26 Employee Housing: Employee housing should be a requirement for this C project. We would ask that a minimum of 10 units be provided having a minimum size of 640 square feet including a full kitchen. The 10 units would have a total minimum square footage of 6,400 square feet. Out of the total 293,745 square feet, two percent or 6,400 square feet would be used for employee housing units. Presently, the Town does not have a formula for calculating employees required for certain uses. However, by using existing employee numbers and making some assumptions which are conservative in respect to numbers of employees, the following demand could be expected: Use C Westin Hotel (276 units) Number of Employees Cascade Club Clancy's CMC Office & Retail (54,973 sf) (total commercial - 1,000 x 1.5) Wellness Center Cascade Theater New AU or TR (445 units) (.9 employees x # units - 25% of employees for overlap) 285 Full-time 15 Full-time 50 Part-time or 25 Full-time 4 Part-time or 2 Full-time 12 Full-time 83 Full-time 4 Full-time 3 Full-time 300 Full-time 733 approx. * These figures are also probably low given the fact that if you look at other employee housing requirements for Snowmass, Aspen and Breckenridge, the employee number generated by this type of development is higher. Vail has taken pride in the fact that greater numbers of people are now staying in our community and trying 27 to raise families or trying to establish themselves professionally. It is often said that we have become a maturing resort community. Our main concern for C employee housing, is to improve the living situations for many individuals working in Vail. However, this concern also helps to stabilize the economic and social base of our community. A stable employee bed base is very important for a maturing community and adds to stability in the work force. Staff believes that 10 units is a nominal amount of employee housing for the Cascade Village Development to provide. We agree with the developer that some type of an employee housing task force would also be helpful. In addition, there are many things that the Town could do to encourage dispersed employee housing. Innovative planning is needed to establish a housing council (as suggested by the developer), to provide incentives to assure existing rentals remain in the housing pool. The employee housing problem is certainly not going to be completely addressed by the Cascade Village project. However, the staff does feels that the development has a responsibility to provide a certain number of units. In our request for 10 units, we have tried to be reasonable and feel that this is not an undue burden on the developer. We also believe that trade-offs are in order due to the amendments that are being requested, particularly in respect to the increased amount of commercial square footage. Density: The mixed use nature of the project is very positive. Essentially, Cascade Village has become the fourth core area for Vail. The developer has proposed more accommodation units and transient residential units than are actually required under the approved SDD. The number of dwelling units is actually lower than what would be allowed. The balance of accommodation unit use to dwelling unit use is very positive. Staff does feel that the project's GRFA should be decreased to the originally approved amount of 291,121 square feet. Basically, although a minimum amount of GRFA is requested above what is allowed, we feel that the request is not warranted. We feel that the 2,658 square feet of extra GRFA could be taken out of the Waterford project or Millrace IV (8 DU plan) to help with the height problem. The only additional GRFA tht is warranted is for the Millrace IV 332 AU plan. C 28 COMPLIANCE WITH PARKING AND LOADING REQUIREMENTS AS OUTLINED IN SECTION 18.52. The most accurate way to calculate parking given the proposed development alternatives is to use the alternative that has the greatest STRUCTURED parking demand. Alternative 2 has the greatest structured parking demand due to the number of AU/TRs. MAXIMUM PARKING REQUIRED RESIDENTIAL AU TR DU COMM STRUC. ON SITE Cornerstone 50 48.1 Waterford 75 75 Westhaven 30 60 Millrace III 3 6 Millrace IV 32 26.8 COMMERCIAL Cornerstone 29,065 117.9 Waterford 3,800 12.7 Room 2J Theatre 1,387 5.5 C.Club Wellness Center 4,500 22.5 Plaza Bldq Office* ,7 Total 157 27 38,752 309.2 66 *Plaza space has alread~~ been counted as commercial. The parking requirement is based on the difference between office and retail parking requirements. The project's parking has been calculated using all of the standard parking requirements. All accessory hotel and ski uses have been required to provide the full amount of parking. * All parking for Cornerstone, Waterford, and Millrace IV (AU Plan) shall be structured. TRUCTURED PARKING CALCULATIONS Existing Required Parking 422 spaces Proposed Required Parking 310 Total 732 17.5% Credit - 128.1 Total Required Parking 604 spaces Existing parking structure 421 spaces Proposed parking sructure 183 Required parking 604 spaces The developer proposes that the Waterford parking structure shall be expanded if necessary to meet the parking requirements of various scenarios. Presently, the Waterford structure has 144 spaces. This means that if the developer chooses to build Alternative 2, an additional 39 spaces must be added to the structure. The total maximum required parking for the proposed SDD is 604 spaces. If the parking is not consolidated, the structures would be required to contain: Cascade Structure: Total parking required 422 10% credit - 42.2 Required spaces 380 Waterford Structure: Total parking required 309.2 7.5~ - 23.2 Required spaces 286 The total structured parking would be 666 spaces as opposed to 604 spaces if the structures are combined. This is a difference of 62 spaces. The developer is requesting that the two parking structures be counted as one structure for the purpose of calculating the credit for a multiple use parking structure. Staff supports this request, as Cascade Village is an intense mixed use project. It is reasonable to assume that a guest staying at the Cornerstone will frequent the retail shops, restaurants, and theatre located in Cascade Village. The amount of crossover among the various uses in Development Area A is very high. For this reason, staff agrees that a 17.5% mixed use credit is supportable. (Please see letter from CMC concerning parking at Cascade Village at the end of the memo.) The developer is also requesting that common carrier parking be deleted as an SDD requirement. Staff supports this request. It is felt that this project should have the optioin to use the bus parking at the Lionshead structure, as other projects also have this right. Additional loading delivery is necessary for Waterford. D. CONFORMITY WITH APPLICABLE ELEMENTS OF THE VAIL COMPREHENSIVE PLAN, TOWN POLICIES AND URBAN DESIGN PLANS The staff agrees with the Environmental Impact Report statement that the "proposal generally is compatible with many of the goals and Town of Vail policy documents listed below:" Vail Land Use Plan: The proposed amendments to SDD4 are consistent with many of the goals of the Vail Land Use Plan. Generally, the proposed special attraction-use and ski related accessory commercial uses accomplish the overall goals of strengthening the balance of uses within the community, improving and increasing base skier facilities to keep pace with mountain expansion and improving and enhancing year-round tourism. Specifically, the proposal meets the following goals of the Land Use Plan: 1. General Growth Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial or recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2. Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 31 2.3 The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. 2.4 The community should improve summer recreational and cultural opportunities to encourage summer tourism. 2.5 The community should improve non-skier recreational options to improve year-round tourism. 3. Commercial 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 3.5 Entertainment oriented businesses and cultural activities should be encouraged in the core areas to create diversity. More night time businesses, on-going events and sanctioned "street happenings" should be encouraged. E. IDENTIFICATION AND MITIGATION OF NATURAL AND/OR GEOLOGIC HAZARDS THAT EFFECT THE PROPERTY UPON WHICH THE SPECIAL DEVELOPMENT DISTRICT IS PROPOSED. The Town of Vail hazard maps do not show that this area is in an avalanche, rockfall or debris flow area. Floodplain does effect some of the property but no improvements are proposed for this area. All buildings will maintain the 50' stream setback for Gore Creek. Staff is requiring that 100 year floodplain information be provided for the area along the Waterford site as the site has been disturbed, and existing floodplain data is no longer relevant. F. SITE PLAN, BUILDING, DESIGN, AND LOCATION, AND OPEN SPACE PROVISIONS DESIGNED TO PRODUCE A FUNCTIONAL DEVELOPMENT RESPONSIBLE AND SENSITIVE TO NATURAL FEATURES, VEGETATION, AND OVERALL AESTHETIC QUALITY OF THE COMMUNITY. In general, the site planning for the project is very positive. The planning takes advantage of the Gore Creek area by locating a recreational path along-its bank. The pedestrian arcades and plazas establish an attractive area for pedestrians. 32 C Millrace IV• The site plan for Millrace IV needs to be consolidated so that an adequate open space buffer is created between the proposed 8 dwelling units and the hotel. G. A CIRCULATION SYSTEM DESIGNED FOR BOTH VEHICLES AND PEDESTRIANS ADDRESSING ON AND OFF SITE TRAFFIC CIRCULATION. On-site vehicular access is well designed. The parking structures are easily accessible for vehicles entering the project. The transit mall has been planned to locate the bus stop in a manner that meets all the needs of the Public Works Department and is also readily accessible for pedestrians. There is also an adequate mini-van loading area adjacent to the Cornerstone building. Staff would like to see specifics on loading/delivery for the Waterford building. We are concerned that loading and delivery does not occur on Westhaven Drive, especially due to the fact that 3,800 s.f. of retail is proposed for this building. Cascade Village is also designed well for pedestrian circulation. The project has provided a recreational path throughout the entire length of the property. The location of the path takes advantage of the beauty of the Gore Creek area. The plaza designed between the Cornerstone and Terrace buildings allows for easy pedestrian circulation. A sidewalk will also extend along the entire north side of the Cornerstone building, past the conference center, and down to Colorado Mountain College.. Staff recommends that the sidewalk from the Cascade Club be extended along the north side of Westhaven Drive to meet the recreational path. In respect to off-site circulation, the acceleration and deceleration lanes built by the developer are very positive and necessary for the project. Staff does feel that Cascade Village needs an additional emergency access point in the event that access from the South Frontage Road to Westhaven Drive is blocked. It is reasonable to require that the developer provide a break-away bollard for the emergency access road that exists between Eagle Pointe and the Glen Lyon Subdivision. We would also recommend that the developer try to provide adequate snow storage areas along Westhaven Drive. 33 !~ C H. FUNCTIONAL AND AESTHETIC LANDSCAPING AND OPEN SPACE IN ORDER TO OPTIMIZE AND. IMPROVE NATURAL FEATURES, RECREATION, VIEWS AND FUNCTIONS. In general, Cascade Village has been designed by using a concept of paved pedestrian plazas, formal plantings, and water features. This approach is compatible with the architecture. Waterford• The landscaping along the north and southeast elevations must be substantial in order to minimize the massiveness of the building. This concern should be passed along to the Design Review Board. The courtyard in the center of the Waterford building is a positive improvement. Once again, the staff would recommend that substantial materials be located in the plaza to soften the building mass. Cornerstone: C A sidewalk and landscaping similar to what is on the north side of the Plaza conference center will also be constructed on the north side of the Cornerstone. It is our understanding that the developer has taken into consideration the snow shedding impacts on the. landscaping. On the south side of the building, the conceptual landscape plan shows a plaza with a brick paver surface as well as patio space, water features, and large planting beds. Although the plan is only at a conceptual level, the staff feels that the design will be very positive. We would suggest that the final design incorporate as much green space as possible to soften the paved plaza area to avoid too much of a hard surface area as is evident in some areas of Lionshead. We also think that seating should be incorporated into the plaza. Once again, large landscape materials are needed to minimize the scale of the Plaza conference center, Cornerstone, and Terrace Wing buildings. Both the Cornerstone and Terrace Wing buildings have ridge heights of 71 feet, which makes for massive building facades. By using large landscape materials, the pedestrian scale of the plaza will be emphasized. 34 s C Millrace IV• As stated before, the eight dwelling unit plan for Millrace IV must be consolidated. Area A functions well in respect to open space, as it is adjacent to Gore Creek and the recreational path. Staff does believe that an open space area close to the urban development in Area A will be valued by guests and residents. We would suggest that Millrace IV be planned with this concern in mind. I. PHASING PLAN OR SUBDIVISION PLAN THAT WILL MAINTAIN A WORKABLE, FUNCTIONAL AND EFFICIENT RELATIONSHIP THROUGHOUT THE DEVELOPMENT OF THE SPECIAL DEVELOPMENT DISTRICT. The developer states: "My best estimate for projecting the time which a building permit will be applied for on each of the undeveloped parcels is as follows. Please remember that achieving this schedule is dependent on reasonably conducive financing ` markets:" 1. Westhaven site - April 1989; completion 11/89 2. Waterford Parking Structure - July 1989;. completion 12/89 3. Millrace III - April 1989; completion 11/89 4. Cornerstone - April 1990; completion 10/91 5. Millrace IV - April 1990; completion 12/90 6. Waterford - April 1991; completion 10/92 The staff position is that a temporary certificate of occupancy for any of the buildings relying on the Waterford parking structure to meet parking needs will not be released until the parking structure is completed and ready to be used. 35 VII. ENVIRONMENTAL IMPACT REPORT A. HYDROLOGIC CONDITIONS C 1. Natural Features: We agree with the EIR statement that drainage from the parking garages should be designed in a manner which collects all silt and metal discharges that might occur. It will also be necessary that extra precautions be taken during construction of the Waterford and Cornerstone projects in order to prevent soil erosion into the creek. 2. Man-made Features: The many water features in Cascade Village shall be required to have an overflow storm drain if the system exceeds capacity. 3. Water and Sewer: Increased square footage in commercial is creating an increased water demand. These increases have been reviewed by the Upper Eagle Valley Water and Sanitation District and they have been deemed acceptable. 4. Atmospheric Conditions: The existing SDD4 has a maximum of 96 wood- burning fireplaces that may be placed only in dwelling units. Staff is strongly opposed to allowing the A.U.'s and TR's to also have wood- burning fireplaces. If the project is developed using all the dwelling unit scenarios, 65 fireplaces could be added. This is a net decrease of 25 fireplaces which is positive. Air quality is probably one of the most highly prized amenities of the Vail Valley. To approve a request that would increase air pollution is not appropriate. In addition, if this request is approved, it would be difficult to deny other property owners the same benefit. 5. Geologic Conditions: Staff agrees that there are no impacts in this area. 36 C 6. Biotic Conditions: Staff agrees that there are no impacts. 7. Noise impacts• Staff agrees that there are no impacts. 8. Visual Conditions: The previous section of the memo discussed our concerns with visual impacts of the Waterford buildings. 9. Land Use Conditions: Please see the previous section of the memo concerning uses and densities. 10. Circulation and Transportation: We agree that the intersection modifications and reduced speed limits along the South Frontage Road are adequate to handle the traffic from Development Area A. We also believe the installation of the transit facility is a very positive and necessary improvement to the project. We support the idea of having a traffic attendant in the transit mall to regulate shuttle buses and cars if necessary. 11. Loading and Delivery: Staff feels that more information is needed on loading and delivery of trash areas for the Waterford Area. Two enclosed loading spaces of 720 s.f. are provided for the Cornerstone Building off of Westhaven Drive. 12. Parking: Please see the section of the memo relating to parking. In summary, the main environmental impact from the proposed amendments to Development Area A is the additional air pollution from the fireplaces for dwelling units and transient residential units. The EIR confirms that additional air pollution will occur and we recommend that this request be denied. 37 ~~ VIII. STAFF RECOMMENDATION The staff recommends approval of the amendments proposed C for SDD4 with the following conditions: 1. Wood burning fireplaces shall only be allowed for dwelling units. The number of wood burning fireplaces allocated to dwelling units shall not exceed the number approved under the existing Special Development District 4. 2. The existing first floor retail space in the Plaza conference building shall not be converted to a real estate office. 3. The restricted dwelling unit or transient residential dwelling unit shall meet all of the requirements outlined in the definition in Section IIB. 4. The Millrace IV development plan shall be approved for the 32 accommodation units having a total GRFA of 14,000 square feet. The Millrace IV development plan for 8 dwelling units having a GRFA of 14,000 square feet shall not be approved. 5. The fractional fee use shall be approved as a conditional use for the dwelling units within Westhaven building with a condition that the minimum C ownership interval be five weeks. 6. Ten employee housing units as defined in Section IIL shall be provided by the developer. 7. First floor Commercial Core I zoning shall be applied to all first floor spaces of buildings having commercial uses within Development Area A. The first floor or street level shall be defined as that floor of the building that is located at grade or street level. 8. The total allowed GRFA for the project shall be 293,745 square feet only if the Millrace IV 32 accommodation plan is utilized. This allows for an increase of 2,624 square feet of GRFA over the allowable. If the Millrace IV 8 dwelling unit plan is used, the GRFA shall be 11,270 square feet for the 8 DUs. The total allowable GRFA for the project if the Millrace IV 8 dwelling unit plan is used shall be 290,945 square feet. 9. The Environmental Impact Report shall be updated before the amendment requests are presented to the Town Council. The Environmental Impact Report shall be submitted two weeks before the date of the first reading of the ordinance by the Town Council.. The 38 ` ,, updating of the EIR is required due to the many changes that have been made to the proposal. 10. The ownership entity for Development Area A shall enter into an agreement outlining the conditions that relate to the restricted dwelling units or transient residential units and restricted employee housing units. 11. All water features within Development Area A shall have overflow storm drains per the recommendation in the Environmental Impact Report. 12. The developer shall be responsible for providing a break-away bollard for the emergency access road between Eagle Pointe and Westhaven Drive. This improvement shall be constructed when a building permit is requested .for the Cornerstone, Millrace III or IV, Westhaven or Waterford buildings. .The bollard shall be included. in the permit plans. 13. The developer shall construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect with the recreational path to Donovan Park. The walk shall be constructed when a building permit is requested for Westhaven. The sidewalk shall be part of the building permit plans. 14. The developer shall provide 100 year flood plain information for the area adjacent to the Waterford building and Cornerstone building before building permits are released. 15. All required parking for the Cornerstone, Waterford and Millrace IV (32 A.U.) buildings shall be provided within one of the. parking structures. A temporary certificate of occupancy shall not be released for any of these projects until the structured parking is available. The following comments are strong recommendations which the staff feels should be passed along to the Design Review Board: 1. Substantial landscaping should be required for the Waterford Building, particularly on the north and creek side elevations. 2. Substantial landscaping should be required in the Cornerstone plaza to soften the paved plaza areas as much as possible. 39 3. The mass and bulk of the bridge connection between the two buildings that comprise Cornerstone should be decreased as much as possible to open up the view of \_ the mountain from the transit mall. 4. The floor plans for the Waterford building should indicate clearly enclosed trash and loading areas. 40 COLORADO MOUNTAIN COLLEGE August 25, 1988 Kent Rose, Mayor and the Vail Town Council Town of Vail 75 S. Frontage Rd. Vail, CO 81658 Dear Mr. Rose and Town Council Members: It is my understanding that Andy Norris has recently proposed additions and/or changes to the Cascade Village development and is seeking Town of Vail approval of those changes. I do not know the specifics of the proposal, but am aware that changes in the current parking requirements are included. As you may know, Colorado Mountain College has been concerned about the adequacy of parking at Cascade Village for some time and now, after five years of operation, some of our concerns have been confirmed. For example, on two occasions .this summer, June 14-17 and August 5-9, the Westin Hotel has hosted conferences for organizations from Colorado and surrounding States. Because of the distances, most attendees drove to Vail, and the combined public and private (Westin Hotel) parking was not adequate to handle their guests plus Cascade Club users and CMC students. The Westin Hotel was cooperative in providing bus service from the parking structures during the August conference, but the frustration and inconvenience were not. well received by our students. The Westin notified us early this week that. between August 25th and 30th, we may experience a parking shortage once again. Apparently a conference and a tennis classic at the Cascade Club will fill the Hotel to capacity and additional guests will be coming from other local lodges. Most guests will be driving in and it is anticipated that there will not be sufficient parking for all of the Hotel guests and our users. Although I cannot provide specific dates, we experienced a similar shortage of parking at least once last summer due to large conferences. Additionally, last winter Cascade Club use was extensive, CMC enrollments were high and as aresult, the parking structure was frequently filled to capacity. Day and evening users are overlapping more often now and it is the hope of all businesses here that during the winter months skiers will stay to shop and eat, potentially compounding an existing problem. CMC does not have user numbers for either of the parking structures, but is attempting to get all available numbers from the Westin and Vail Ventures. We will also be conducting an informal "count" several times a day for the next 2-3 months to get amore accurate picture of the parking structure usage. As we compile the data, we will keep you informed. VAIL COMMUNITY EDUCATION VAIL LEARNING CENTER •1310 WESTHAVEN DRIVE • VAIL, CO 81657 • (303) 476-4040 r r ~ '~ • ~`,_ i s With the completion of the Westin's conference facilities and a tightening of parking in Vail and Lionshead due to mountain expansion and resultant increased skier numbers, we anticipate that the Cascade Village structures will be insufficient to handle the users.. At this time, I respectfully request that you review Andy's proposal with a careful eye toward ensurance of adequate parking. None of us can operate successfully here without parking and current information indicates we are already on the short side. Further development without additional parking could cause the demise of businesses here, including Colorado Mountian College. Although I will be on sabbatical leave from August 30, 1988 until September 1, 1989, Jim Olson, Interim Center Director, Vail, and Dr. Bob Evans, Executive Dean, will be available to work with you if the need arises. And thank you, in advance, for your consideration of our concern, and please feel free to call upon Colorado Mountain College as you review Mr. Norris' proposal. Sincerely, ~~ _ ~~~~ Kay Sau sherry Center irector cc. Dr. Bob Evans, CMC Jim Olson, CMC Kristin Pritz, TOV KS/ j c .~ l ,y • ~ L n \\/ w TO: Planning and Environmental Commission C FROM: Community Development Department DATE: November 28, 1988 SUBJECT: A request for a conditional use permit to allow a micro- brewery on the Glen Lyon Office property in Special Development District 4, Area D. Applicants: Glen Lyon Office Building, Inc., A Colorado Partnership I. DESCRIPTION OF PROPOSED USE The applicants are requesting to Glen Lyon Office property within 4 Area D. The underlying zoning Business. Recently, the Arteria amended to allow micro-breweries micro-brewery is defined as: build a micro-brewery on the Special Development District for Area D is Arterial L Business District was as a conditional use. A Section 18.04.253 Micro-Brewery A mixed use commercial operation that processes water, malt, hops, and yeast into beer or ale by mashing, C cooking, and fermenting that shall also include an on- site public restaurant and/or bar which sells the beer and ale produced on site. The maximum brewing capacity shall be 7,500 barrels per year. A barrel is equivalent to 31 gallons. The micro-brewery use shall not exceed 8,000 square feet of floor area, excluding enclosed areas for loading, trash and delivery. The public restaurant and/or bar shall have a minimum seating area of 2,000 square feet and shall be excluded from the total micro-brewery maximum square footage limit. The actual micro-brewery expansion has a total gross square footage of 17,600 square feet with a production capacity of 7,500 barrels per year. Specific uses within the brewery expansion include: Brewhouse: 6,600 sq Beer hall: 1,774 sq Brew Pub: 1,858 sq Retail: 446 sq Museum: 415 sq Admin. Offices: 700 sq Employee lockers: 296 sq Loading: 685 sq Additional sq ft for comma house for restaurant uses ft ft ft ft ft ft ft ft ~n areas, storage, and back of The brewery expansion will be built onto the west end of the existing Glen Lyon Office building. An enclosed loading area is located on the northeast corner of the building. A porte cochere drop-off area is also provided on the north side of the building. A dining deck extends off of the southwest corner of the building. The developer is also proposing to build a new bus stop and re-align the bike path. The following statements have been taken from the applicants' proposal describing the micro-brewery operations. "The brewery will operate its warehousing and storage facilities off-site. Raw materials and finished goods will be transported to and from the brewery in smaller trucks (maximum length of 22 feet). Tractor trailer operations will be located at the off site wareho~?se. The distributor for the brewery will pick up finished goods in a tractor/trailer at the warehouse. No tractor/trailers will be permitted at the brewery. The Vail brewery has a completely different program than the Boulder brewing company. Boulder is producing in excess of 9,000 barrels per year, 90% of which is being bottled (112,000 cases). Boulder distributes into 34 states, thereby creating a large commitment to small quantity trucking. Less than 20 of Boulder's production is consumed on premise. Boulder requires its malt in bulk loads of 40,000 pounds requiring a silo for storage. The Vail brewery will produce about 7,500 barrels per year. Approximately 35% will be consumed on premises. 10,000 to 15,000 cases of beer will be bottled per year. The remaining will be kegged for distribution to Eagle County, Summit County and the Front Range. Vail expects to have only one distributor, Murray Distributing of Denver, who will pick up the finished product from the Minturn warehouse. Vail Ale will sell only in Colorado. For a brewery, bottling requires the greatest storage for both packaging material and finished product. Vail will minimize its bottling activity to approximately 15% of production. Lastly, Vail will acquire its malt in 50 and 100 lb bags. Tractor/trailer loads will be stored in Minturn and delivered in brew-size quantities. to the brewery in van-size trucks." (Memo Andy Norris Sept. 14, 1988) ( II. CRITERIA AND FINDINGS Upon review of Section 18.60, the Community Development Department recommends approval of the conditional use permit based upon the following factor: Consideration of Factors: A. Relationship and impact of the use on development C objectives of the Town. The purpose section of the Arterial Business zone district reads as follows: Section 18.29.010 "The Arterial Business District is intended to provide sites for office space, public utilities, service stations, limited light industry having no adverse environmental impacts that provide significant on-site tourist amenities, and limited shopping and commercial facilities serving the Town and Upper Eagle Valley residents and guests. Multiple family dwellings for use as employee housing will be appropriate under certain circumstances. Arterial Business District is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted and conditional types of buildings and uses, and to maintain a convenient (limited) shopping, business, service, and residential environment." The Environmental Impact Report has established that the micro-brewery use does not have any significant negative environmental impacts. It is also considered to be a compatible limited light industrial use that provides tourist amenities on site such as the restaurant/bar, museum, retail shop, and brewery tours. Staff believes that the use is compatible with the business and office uses presently allowed in the Arterial Business zone district. Due to the fact that the micro-brewery use has such a great potential to become a major guest attraction, staff feels that the use is very supportive of development objectives of the Town. B. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. The Environmental Impact Report has provided information for staff to determine that the use does not have any significant impacts on these factors. C. The effect upon traffic with particular reference to (\ congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. The Environmental Impact Report has indicated that the additional traffic due to the micro-brewery use will not necessitate any improvements to the South Frontage Road, given Colorado Division of Highway requirements for safe ingress and egress. The proposal has positive impacts on traffic and safety. The applicant will provide a bus shelter on the western side of the property. A relocated bike path with less slope will be more easily accessible for pedestrians and cyclists.. D. Effect upon the character of the area in which the proposed use is to be located including the scale and bulk of the proposed use in relation to surrounding uses. As was described in the memo concerning the amendment to Special Development District #4 for Area D, the expansion for the micro-brewery will up-grade the appearance of the existing Glen Lyon Office site. The new architecture and revised site plan will be a great improvement to this property which should in turn have positive effects upon surrounding properties. III. ENVIRONMENTAL IMPACT REPORT The applicant has submitted an Environmental Impact Report for the micro-brewery use. The report was completed by RBD Engineering Consultants and Jamar Associates. RBD has analyzed the potential impacts from the micro-brewery having a capacity of 7,500 barrels per year. The following paragraphs are taken from the Environmental Impact Report and summarize the types of potential impacts that were studied for the proposal: "A. Natural Features Drainage of the parking garages will be designed in a manner which will collect all silt and oil discharges that might occur. Due to the proximity of Development Area D to Gore Creek, extra precaution should be taken during construction in order to prevent soil erosion into the creek. B. Water The increased water demand is a result of the increased increment of commercial square footage and, most 4 significantly, the micro brewery. Total water required for maximum production per year would be 1,395,000 gallons, or approximately 4.298 acre feet. Upper Eagle Valley Water and Sanitation District has provided the Town staff with a letter stating that they have no problem with the production of 7,500 barrels annually. C. Waste Water It is proposed that the 1,162,500 gallons per year or 96, 875 gallons per month will be required to be treated by the Upper Eagle Valley Water Sanitation District. The EIR also identifies biological oxygen demand as a second concern related to waste water. BOD is a measurement of the strength of the waste water and therefore a measurement of the magnitude of the treatment prior to releasing back into the stream. The Upper Eagle Valley Consolidated Sanitation District may want to require a manhole on the brewery sewer service line so that they can sample BOD. At the end of the brewing process, a solid product consisting primarily of spent grain results. These solids are strained or filtered off in deep water by equipment contained within the brewery. They are C collected in a hopper and routinely picked up in a vehicle the size of a pickup and sold for beneficial use such as cattle feed. D. Air Omissions and Odor During the winter months, temperature inversions may occur in the. Vail Valley. The best information indicates that a strong inversion that sets up well and continues through the night could occur from 6 to 12 times per year... To be more specific, an inversion, if it is going to occur, would begin to develop around 3:30 in the afternoon and be fully developed in approximately 2 hours. It will continue through the night, start to clear out around 8:00 in the morning and will be totally dissipated in approximately 1-1/2 hours. In discussions with various agencies in Boulder where a micro-brewery exists, there have never been complaints registered regarding stack emissions. Odors are similar to those of baking bread because of the malt and are very weak. With the brewery stack designed as an architectural element of the building at a height of the surrounding ridge lines and care not to begin a brewing process during an identified temperation inversion, emissions should go undetected. E. Loading and Delivery The brewery includes a fully enclosed loading dock. It has been sized to accommodate two 22-foot unit trucks, which is the maximum size in Vail for vendor deliveries. The loading area also includes the spent grain trailer. A trash compactor is included in a fully enclosed outdoor area. The distributor for the brewery will pick up finished goods in a tractor/trailer at the warehouse in Minturn. No tractor/trailers will be permitted at the brewery. F. Noise The major sources of noise are anticipated to be the bottling phase of operations and .the process of loading and delivery of kegs, bottles, and other brewery supplies as well as the pick up of the solid waste which results as a by-product of the brewing process. The bottling operation is proposed to be totally enclosed and therefore will not produce noise external to the building. The loading dock is within the envelope of the building and has large operable sound proof doors which will be closed before, during, and after loading operations to eliminate any potential noise problems resulting from either delivery of supplies or pick up of product and solid waste. G. Visual Conditions. The redevelopment of the Glen Lyon office Building will significantly upgrade the architectural character of the site and will integrate the overall theme and character of the entire Cascade Village to include Area D. SDD4 is not located within any designated view corridor of the Town of Vail. H. Land Use Conditions The proposed micro-brewery meets the Town's objectives of improving and enhancing year-round tourism. As was .stated in Section III of the SDD memo, the proposal supports Land Use objectives of the Town of Vail. I. Circulation and Transportation "Per the State Highway Department access code, left turn storage lanes at either access drive would not be 6 warranted for highway peak hours volumes and posted 25 MPH speeds. Aright-turn deceleration lane at the parking deck access would be marginally warranted. An acceleration lane for right or left turns out of the parking structure would not be warranted. Site topography and Town landscaping requirements appear to preclude right turn deceleration lane construction in the space available. Most intersections along South Frontage Road in the 25 MPH speed zone do not have deceleration lanes. Hence, the absence of a deceleration lane at the parking structure entrance would be compatible .with driver expectancy. The new Porte cochere front door drop-off lane would operate as a one-way drive entering from the west and exiting to the east. The left turn DVH, six vehicles would not warrant a left turn deceleration lane. Right turn speed change lanes into or out of the Porte cochere drive are not warranted because of the low design hour volume. Any widening should be done as a complete project for the entire business district and not as a series of separate, independent projects to avoid serpentine alignment of through travel lanes." (TDA Report, Nov. 16, 1988) Staff Comment: It is our understanding from CDOH that they also believe the proposal does not generate enough additional traffic to warrant specific changes to the Frontage Road. Staff believes that it will be more effective to address South Frontage Road improvements through a comprehensive improvement district. The Town of Vail Public Works Department and CDOH also concur that a comprehensive improvement district approach will be more effective. J. Parking This issue has been fully addressed in the amendment memo concerning Area D. K. Population. Characteristics The micro-brewery will require the following full-time equivalent employees. Full-Time Equivalent Function Employees _ Brewery Administration 6 Brewery Operation 3 - 5 Brew Pub, Banquet Facility 40 TOTAL 49 - 51 7 C L. Staff Summary of the Environmental Impact Report The Environmental Impact Report indicates that there are no substantial negative environmental impacts due to the brewery. The staff does feel that the following points should become conditions of approval. The EIR has indicated that although minor, these points should be addressed. 1. The owner shall provide a man-hole on the brewery service line so that the Upper Eagle Valley Consolidated Water and Sanitation District may monitor BOD strength. 2. The brewery management shall not operate the brewing process during temperature inversions. It shall be the responsibility of the Brewmaster to monitor inversions. 3. The trash compactor and trash storage area shall be completely enclosed. The management of the brewery shall not allow any trash to be stored in an unenclosed area. 4. The owner of the property and br agree that semi-truck traffic to office site shall be prohibited. loading that shall be allowed to brewery or any other uses on the having a maximum size of 22'. ewery management the Glen Lyon The only truck the site for the site will be vans 5. The owner of the Glen Lyon. office property shall agree in writing to participate in a special improvement district or other type of financing mechanism approved by the Town Council if formed for the. purpose of building road improvements to the South Frontage Road. SUCH OTHER FACTORS AND CRITERIA AS THE COMMISSION DEEMS APPLICABLE TO THE PROPOSED USE. IV. FINDINGS V. The Community Development Department recommends that the conditional use permit be approved based on the following findings: That the proposed location of the use is in accord with the purposes of this ordinance. and the purposes of the district in which the site is located. 8 That the proposed location of the use end the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. That the proposed use would comply with each of the applicable provisions of this ordinance. VI. STAFF RECOMMENDATION The staff recommends approval of the micro-brewery request. The micro-brewery meets the square footage limits described in the definition. The brew house area is approximately 6,600 square feet. The brewery area capacity is limited to 8,000 square feet. The Environmental Impact Report has indicated that there are no significant environmental impacts due to the project. In addition, the use meets all of the conditional use criteria.. Staff recommends approval of this request with the following conditions: The owner shall agree in writing to the following conditions which shall be recorded by the Town of Vail Clerk at the Eagle County Assessor's office within 30 days after Town Council's final approval of the SDD ordinance. The time period may be extended if approved by Town of Vail staff. 1. The owner shall provide a man-hole on the brewery C service line so that the Upper Eagle Valley Consolidated _Sanitation District may monitor BOD strength. 2. The brewery management shall not operate the brewing process during temperature .inversions. It shall be the brewmaster's responsibility to monitor inversions. 3. .The trash compactor and trash storage area shall be completely enclosed. The management of the brewery shall not allow any trash to be stored in an unenclosed area. 4. The owner of the property and brewery management shall agree in writing that semi-truck traffic to the Glen Lyon office site shall be prohibited. The only truck loading that shall be allowed to the site for the brewery or any other uses on the site will be vans having a maximum size of 22'. 5. The owner of the Glen Lyon Office property shall not file any. remonstrance or protest against the formation of a local improvement district or other financing mechanism which may be established for the purpose of building road improvements to the South Frontage Road. 6. The owner shall utilize protective measures during construction to prevent soil erosion iyito Gore Creek. 10 J \ 4 TO: Planning and Environmental Commission FROM: Community Development Department - DATE: November 28, 1988 SUBJ: Request to Amend Special Development District No. 4, Area D, Glen Lyon office site to allow a micro- brewery, office expansion, parking structure, and residential units. Applicant: Glen Lyon Office Building, Inc., a Colorado Partnership I. SUMMARY OF REQUESTS FOR AREA D, GLEN LYON OFFICE SITE The applicants are requesting approval to amend the Special Development District 4, Area D, development plan. The amendments include: 1. Brewery Addition: The brewery addition is approximately 17,600 square feet of gross floor area. The building connects to the west end of the existing Glen Lyon office building. The addition is 3 stories high and C includes the following uses: Brewing Area: 6600 sq. ft. Pub: 1,858 sq. ft. • Beer Hall: 1,774 sq. ft. Retail: 446 sq. ft. Museum: 415 sq. ft. Brewery office: 700 sq. ft. The building also has a new deck area which extends down to the bike path adjacent to the creek. A drop- off is proposed at the entry to the brewery and is located on Highway right-of-way. 2. Expansion to Existing Office Building: An additional 2,400 square feet of office space would be added to the Glen Lyon Office Building. The new office area is located on the west end of the existing building. ~. 3. Parking Structure: , A two-level parking structure (100 spaces) is proposed to be built directly to the east of the Glen Lyon Office Building. The vehicular access to the property would be moved further to the east according to the Arterial Business District Circulation and Access Plan. The Frontage Road view of the parking structure would be screened by a berm along the entire length of the north elevation. The south side (or creek side) of the structure would remain open. The east building has 3 garage spaces and 5 surface spaces. Total parking provided on site is 108. 4. East Building: Two alternative development scenarios are proposed for this area. Alternative A provides for a 5,725 square foot office building. Alternative B includes 2,400 square feet of office space plus one free market dwelling unit having 1,630 square feet as well as two employee housing units, at 795 and 900 square feet. The exterior of the building remains the same under either alternative. 5. Bike Path: The developer is proposing to relocate the bike path further to the west in order to decrease the steepness of the path. The relocated path also allows more open space between the bike path and dining patio. 6. Bus Shelter: The developer has proposed to build a new bus shelter along the Frontage Road to the west of the Glen Lyon property. The structure is actually on Colorado Division of Highways right-of-way. The Town of Vail would be responsible for maintaining the structure and for providing bus service. 7. Undergroundinq of Utilities: The developer is proposing to underground the Holy Cross electrical lines that extend along the north side of the property adjacent to the South Frontage Road. C 2 II. COMPARISON OF THE PROPOSED DEVELOPMENT TO THE ARTERIAL BUSINESS ZONE DISTRICT. A. BACKGROUND ON GLEN LYON PROPERTY C In 1976, Special Development District #4 was established. The Arterial Business Zone District was adopted in March of 1982. Arterial Business zoning serves as the underlying zone district for the Glen Lyon Office property. Technically, the property is still within Special Development District #4. However, the Arterial Business Zone District (ABD) is used. in respect to determining allowable uses and general site development standards. When the Special Development District was originally established, the development plan called for 10,00.0 square feet of office space. .The office building was constructed in 1979-80 with a gross area of approximately 13,000 square feet. In March of 1982, the PEC and Town Council approved an amendment to the SDD which allowed approximately 3,000 square feet of existing storage within the building to be converted to office space. In 1983, a request was also approved by the Planning Commission and Town Council to allow the total gross area of the building to be 25,000 square feet. Of this 25,000 square feet, 18,750 square feet was considered to be net floor area for office. The remainder of the area was devoted to common area such as mechanical, lobby areas and C corridors. The 1983 request also included a change to the front setback. The front setback would be adjusted from 20 feet to 15 feet. This request was approved by the PEC with two conditions. The first was that "the bike path, right turn and left turn lanes shall be provided in accordance with the Circulation and Access Plan for the Arterial Business zone district with the stipulation that the. funding be worked out within a period of 60 days after the approval, and that no building permit would be issued until the funding was worked out." The. second condition stated that the applicant "shall agree to sharing in the cost of providing an additional fire hydrant within the vicinity as required by the Vail Fire Department." .(PEC Minutes; January 20, 1983) In March of 1986 the developer requested to extend the expired approval for Development Area D. This request was also approved. In April of 1986 the Glen Lyon Office Building partnership requested a minor subdivision of the Glen Lyon Office C C Building property. The concept was to divide the 1.8 acre site into two parcels so that ownership could be divided prior to construction. The development would be limited to the approved development plan for the parcel. This request was also approved by the PEC. However, the minor subdivision plat has not been finalized and recorded with the County by the applicant. B. ARTERIAL BUSINESS ZONING COMPARED TO PROPOSED SDD The ABD zoning provides a guide for the level of development on the site. Below is a summary of how the proposal compares to the requirements of the ABD district. ABD District Requirements Proposed SDD 1. SETBACKS Side: 15 feet if the building is less than 20 feet high; 20 feet if the building is greater than 20 feet high. Side: All of the project meets the 20 foot side setback except for the northwest corner of the building which is 15 feet from the property line. Rear: 10 feet Front• 15 ft = 420 l.f. 60% 20 ft = 280 l.f. 40% Parking Structure: No setback for underground parking Centerline of Gore Creek: 50 ft stream setback from centerline of Gore Creek Rear: The dining deck extends up to the property line. Front• 2 ft = 20 l.f. 35 % (entry) 4 ft = 210 l.f. 30% (struct) 10 ft = 87 l.f. 12% 15-18 ft = 40 l.f. 6% 20 ft + = 343 if 49% Parking Structure: The parking structure maintains a 4 ft front setback and a a 10 ft setback along the south property line. Centerline of .Gore Creek:. The parking structure encroaches 8 ft into the stream setback. 4 2. HEIGHT 70% = roof 32 to 40 ft. C 30% = roof under 32 ft Minimum roof slope aft in 12 ft. 3. DENSITY GRFA = 34,578 s.f. Maximum of 33 D.U.s 4. SITE COVERAGE' 60% of total site area = 45,678 sq ft 5. FLOOR AREA RATIO: Maximum allowed, .75 6. PARKING AND LOADING: No loading or parking is allowed in the front setback 5 54% = roof 32 ft to 40.ft 46% = roof under 32 ft * a very small portion of the roof (approx. 20 sq ft) is 41 feet high. GRFA = 3325 s.f. 3 units of which 2 are restricted employee units 16,100 sq ft = buildings 12,600 sq ft = structure 28,700 sq ft total or 38% site coverage .52 Proposed Bldg, 16,64.4 sf Existing bldg, 16,800 sf East Bldg, 6,000 sf Total, 39,444 sf 39,444 = .52 76,130 Project has loading and drop-off areas in the front setback. The parking structure extends into the stream and front setbacks 100 structured spaces 3 garage spaces 5 surface spaces c 7. LANDSCAPING• C 25% of the total site or 60% approx. (excludes 19,032 sq ft buildings, ramps, drives and structure) C. SUMMARY The proposed development plan departs from the Arterial Business District standards in the areas of setbacks, stream centerline setback, height, and parking and loading. Staff's opinion is that the setback differences are warranted due to the narrow width of the property, the steep slopes and large evergreens on the south side of the lot, and the constraints of the 50 foot stream centerline setback. The applicant has designed a building that is dramatically below the allowable FAR and site coverage for the property. These encroachments are slight, especially when one also considers that structured parking has been located on the property. The small area of the roof which is at a height of 41 feet is insignificant. The project has been designed to work with the existing slope of the lot. Staff believes that the architects have done an admirable job of fitting the development in a sensitive manner onto the property. It should be emphasized that the. roof actually. has a greater C area under 32 feet than is required by the Arterial Business-zone district. The ABD zoning does not allow loading or parking in the front setback unless the parking is in an underground structure. Staff believes that it is reasonable to allow loading in the front setback for this project, as the loading area is completely enclosed. The drop-off area on Colorado Division of Highways property appears to be acceptable to the Colorado Division of Highways engineers. It is felt that these differences from the ABD zoning are acceptable and will not create any negative impacts on the Frontage Road. Structured parking. is positive. Allowances must be given for parking in the front setback due to the narrow width of the lot. Staff's opinion is that the differences between the SDD and ABD zoning standards are minimal and acceptable. III. SPECIAL DEVELOPMENT DISTRICT DESIGN CRITERIA It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or to demonstrate that one or more of them are not applicable or that a practical solution consistent with the public interest has been achieved. A. DESIGN COMPATIBILITY AND SENSITIVITY TO THE IMMEDIATE ENVIRONMENT, NEIGHBORHOOD AND ADJACENT PROPERTIES RELATIVE TO ARCHITECTURAL DESIGN, SCALE, BULK, BUILDING HEIGHT, BUFFER ZONES, IDENTITY, CHARACTER, VISUAL INTEGRITY AND ORIENTATION. The proposal provides for a significant upgrade of the existing development on this site. The new style of architecture which utilizes stucco, metal roofs, patios and balconies similar in style to Cascade Village will establish a visual connection with the Glen Lyon property. The ABD floor area ratio (FAR) allows for 57,097 s.f. The proposal calls for a FAR of 39,444 s.f. Site coverage is also below the maximum of 60~. The plan has a 38% coverage which includes the parking structure. The density on the site is drastically below what is allowed under the Arterial Business District. Standard zoning would allow for a 34,578 square feet of GRFA with a maximum of 33 dwelling units. The proposal includes 3,325 square feet of GRFA and three units. Two of the units will be restricted as employee housing units. C The building has been designed so that it is built into the site. This. design approach dramatically decreases the scale and bulk of the building. This site has very steep slopes on the. southern portion of the property. In addition, the property has a very narrow width which presents a difficult design problem. Even given these constraints, the project in most areas meets all of the ABD requirements. Staff's opinion is that the proposal greatly improves this property in respect to quality of architecture and sensitive site planning. The project should have a positive impact on adjacent properties. B. USES, ACTIVITY AND DENSITY WHICH PROVIDE A COMPATIBLE, EFFICIENT AND WORKABLE RELATIONSHIP WITH SURROUNDING USES AND ACTIVITY. The project provides a mix of uses which is efficient and workable with the surrounding area. The combination of the brewery, bar and restaurants, office, and residential uses will serve as a transition zone between Lionshead and Cascade Village--two guest oriented areas of the community. The micro-brewery with its ability to become a guest attraction will be a unique and compatible use for this area. 7 It is also positive that the employee housing use C will be located on the site. Under ABD zoning, only employee housing units are allowed to be built. However, a special development district must work with the types of uses listed in the underlying zone district. The SDD allows for flexibility as to whether these units are employee housing units or free market units. If this project was not utilizing .the SDD process, the 3 dwelling units would all be required to be employee housing unit. C. COMPLIANCE WITH PARKING AND LOADING REQUIREMENTS AS OUTLINED IN SECTION 18.52. The Town of Vail parking and loading standards do not address a micro-brewery use. In order to address the specific parking demand of the proposed development for Area D, the applicant submitted a report entitled, "Parking Demand Analysis & Parking Management Plan," prepared by TDA Colorado, Inc. (August 10, 1988). Below is a brief summary of the points made in the study by TDA: 1. Parking Demand Parameters "For parking demand analysis, we are interested in the number of vehicles expected during "peak C accumulation," i.e., that time of day when the combination of employee and visitors on site will be highest. Of principal interest is the portion of visitors and employees who will arrive as either a driver or passenger of a parked vehicle. Employees will heavily rely on private autos, followed by public transit as their preferred arrival mode. Summer visitors typically exhibit much higher use of .private autos than do winter visitors. Summer visitors often will take day trips to and from distant locations. Fewer winter visitors will use a private or rental car as a way of reaching Vail than in the summer. Even those winter destination visitors who arrive via auto, will often leave their car parked for in-town trips, preferring to use the transit system or walk instead. The Vail free-shuttle transit system provides year-round service for residents and visitors. The micro-brewery site is served by the West Vail south route which travels along South Frontage connecting Cascade Village, Lionshead Village and the Vail Transportation Center in 8 Vail Village. Site redevelopment will incorporate a bus pull-in for ,an east-bound bus stop. This will augment the existing west-bound stop across the road at the Vail Professional Building. The current bus schedule provides hourly service during summer morning and afternoon peak periods. Throughout winter, the service increases to every 45 minutes from 7:00 AM to midnight. A number of lodgings in Vail provide courtesy vans for transporting their guests to and from local attractions. We anticipate almost half, 45%, of winter visitors will use either public transport or courtesy vans to visit the micro-brewery. Summer visitor use of these modes will be considerably less, 17%, due to reduced transit service and greater availability and reliance on private autos during the summer. The site is served by two bikeways - a bike lane alongside east bound Frontage Road and a bike path along the south side of Gore Creek. An estimated 15% of summer visitors will use the bikeways to either walk or bike to the micro- brewery. In winter, an estimated 8% of the visitors will be other, as pedestrian or ski-in/ ski-out replaces bicycle as the non-vehicular mode of arrival at the micro-brewery. 2. Parking Lavout and Management ...a portion of the parking structure can be cordoned off to serve the daytime needs of the office space. Thirty to forty of the 60 spaces needed for office use could be accessed through a gate controlled on the lower level of the structure. The remaining office space could be signed for "tenants of Glen Lyon Office only." During evening hours when the spaces are expected to be needed for micro-brewery guests, the gate would be lifted for visitor self parking and assigned areas could be used by car hops as valet spaces. Except for spaces marked as "Two-hour visitor spaces," all of the parking stalls would be unsigned except for a blanket restriction against. day skier or other unauthorized use. 3. Summary Our analysis of the proposed Vail brewery and remodeled Glen Lyon Office space concludes that a 92 parking s ace sup ly will be sufficient 9 for typical peak parking needs. As there are no parking standards for a guest ;oriented micro- brewery, our analysis has considered anticipated employment, visitor capacity and the seasonal variation in visitation and travel by auto in this destination resort community. Design conditions will likely be given by summer holiday periods when employment and visitation will be at capacity and 68~ of the visitors are estimated to arrive via a parked car. Public transit, courtesy vans and walks/bikes would account for the remaining visitor modes of arrival. Peak micro-brewery parking demand will occur between 7:00 and 8:00 PM. Daytime office use peaks at about 2:O0 PM and about 6:00 PM virtually all office spaces would be vacant. A parking management plan for the required structure should be adopted to help ensure adequate parking supply is available to daytime and evening employees and visitors to the Vail Brewery/Glen Lyon office development and Cascade Village. With one access drive, parking management would propose two levels structure should be virtually self monitored, using conventional gate controls, coded cards and signing." (TDA Report Aug. 10, 1988) 4. Staff Summary: Parking Below is a comparison of how the Town of Vail parking standards could be applied }o this project: USE SQUARE FOOTAGE REORD PARKING Brewery Office 700 sq ft Office addition to existing Glen Lyon Office 2,400 sq ft Existing Office Beer Hall Pub Retail 10,150 sq ft 1,774 sq ft 1,858 sq ft 446 sq ft 2.8 spaces 9.6 40.6 14.7 15.5 1.5 10 SCENARIO A: East Bldg. Residential 3,325 sq ft 6.0 Office 2,400 sq ft 9.6 or SCENARIO B: East Bldg. Office 5,725 sq ft 22.9 Total Scenario A = 101.0 spaces Scenario B = 108.0 spaces According to Town of Vail standards, the project would have an approximate parking calculation of 101 or 108 required parking spaces. The applicant is providing 108 spaces on site. The staff agrees with the TDA parking study on their assumptions about the parking patterns of the users of this project. TDA states: "Spaces used by daytime office workers will be used by brewery visitors during the peak evening hours." In essence, "we believe the nature of this attraction in its location with easy access to I-70 will generate higher visitor parking demand than the Town's respective standard provides. Conversely, the compatibility of office and micro-brewery uses affords an opportunity to manage the proposed structure parking supply effectively for each use. " (TDA Parking Report, August 10, 1988, p. 7) Staff concurs with TDA that the brewery operation is a use that C cannot be addressed accurately by the present Town of Vail parking standards. We believe the TDA parking study provides a more accurate parking requirement than the Town of Vail parking standards even though the project meets the Town of Vail requirements. We also agree that it is imperative that a parking management plan be implemented by the owner of the project. The management plan is critical to the effective functioning of parking for the project. We cannot support the idea of the potential surplus of 10 to 15 parking spaces in the winter season being used for skier parking. We believe that the brewery would need to be in operation for. several years before any proposal to allow skier parking on site would be reasonable. 5. Staff Summary Loading Once again, the apply directly that the brewer dock. The. dock The loading area Town of Vail loading standards do not to this proposal. The developer has stated y will include a fully enclosed loading will accommodate two 22-foot unit trucks. also includes the spent grain trailer. A 11 trash compactor is included in a fully enclosed outdoor area. The distributor. for the brewery will pick up finished goods in a tractor/trailer at the warehouse. No tractor/trailers will be permitted at the brewery. C Staff believes that this is a very important condition of approval for the brewery. The Glen Lyon property is totally unable to handle semi deliveries due to the lack of off-site loading and conflicts with the South Frontage Road traffic. Staff would also like to see one additional loading space in the parking structure to .allow for deliveries to the office. We believe that this additional loading area can be easily accommodated on the top of the parking structure without severely impacting the parking. D. CONFORMITY WITH APPLICABLE ELEMENTS OF THE VAIL COMPREHENSIVE PLAN, TOWN POLICIES AND URBAN DESIGN PLANS. The following sections of the Town of Vail Land Use Plan relate to this proposal: General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial, and recreational uses to serve both the visitor and the permanent resident. C Skier/Tourist Concerns 2.5 The community should improve nonskier recreational options to improve year-round tourism. Commercial 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 3.5 Entertainment oriented businesses and cultural activities should be encouraged in the core areas to create diversity. More night-time businesses, ongoing events and sanctioned "street. happenings" should be encouraged. E. IDENTIFICATION AND MITIGATION OF NATURAL AND/OR GEOLOGIC HAZARDS THAT AFFECT THE PROPERTY UPON WHICH THE SPECIAL DEVELOPMENT DISTRICT IS PROPOSED. 12 No hazards are present on the Glen Lyon property. The site is affected by the flood plain. However, development is not proposed in this area. The parking structure does encroach by 8 feet into the 50 foot stream setback. The south side of the lot has several physical constraints which make it difficu~t to locate the parking structure on the property without encroaching into the 50 foot stream setback. The physical hardships include the narrow shape of the lot, the steep slopes on the south bank of the property, and the mature trees which are located in the general area of the parking structure. In addition, the staff believes that it is important to provide a minimum of 4 feet along the northern side of the parking structure to allow for landscaping in front of the structure. Given these constraints, staff believes that it is very reasonable to allow the parking structure to encroach 8 feet into the stream setback. F. SITE PLAN, BUILDING, DESIGN AND LOCATION, AND OPEN SPACE PROVISIONS DESIGNED TO PRODUCE A.FUNCTIONAL DEVELOPMENT RESPONSIBLE AND SENSITIVE TO NATURAL FEATURES, VEGETATION, AND OVERALL AESTHETIC QUALITY OF THE COMMUNITY. Staff's opinion is that the site planning. as well as building design and location for the project have been designed to meet this criteria. G. A CIRCULATION SYSTEM DESIGNED FOR BOTH VEHICLES AND PEDESTRIANS ADDRESSING ON- AND OFF-SITE TRAFFIC CIRCULATION. The relocated access point per the ABD circulation plan will improve the traffic circulation in this area. The drop-off area on the northwest corner of the building should have no significant negative impacts on the traffic along the South Frontage Road. The Highway Department has indicated to the staff that they see no problems with the drop-off area as long as the developer obtains an access permit. CDOH also stated that it is possible that the drop-off would be impacted by the expansion of the South Frontage Road. As mentioned before, staff feels that the improvements to the South Frontage Road should be completed as an over-all improvement district for the area as opposed to each property owner making their own improvements. We do feel that it is important 13 that the property owner be willing to participate in the project financially according t6 what financing plan is developed for the project. C In respect to pedestrian access to this site, the relocated bike path will have less slope than the previous bike path. This improvement should make it much easier for cyclists and pedestrians to access through this area. In addition, a new bus stop is proposed on Colorado Division of Highways property to the west of the Glen Lyon site. The Town of Vail Public Works Department has indicated that they will be able to provide bus service to the stop and maintenance for the structure. The developer will be required to obtain an access permit from the Highway Department before the structure is built. Staff believes that the applicant should look at the possibility of relocating the pedestrian path from the parking structure to the brewery on their own property. Presently, the path is located on the public right-of-way. It is preferable to locate the path on the Glen Lyon property to avoid two parallel paths. We would also recommend that the applicant include a pedestrian connection from the east end of the parking structure to the office building. H. FUNCTIONAL AND AESTHETIC LANDSCAPING AND OPEN SPACE IN ORDER TO OPTIMIZE AND IMPROVE NATURAL FEATURES, RECREATION, VIEWS AND FUNCTIONS. C The landscape plan indicates sigfiificant landscaping for the property. Of primary concern is that substantial landscaping be planted along the north and south sides of the parking structure. The orientation of the dining patio toward the creek provides for wonderful views and optimizes the natural features adjacent to the site. I. PHASING PLAN OR SUBDIVISION PLAN THAT WILL MAINTAIN A WORKABLE, FUNCTIONAL AND EFFICIENT RELATIONSHIP THROUGHOUT THE DEVELOPMENT OF THE SPECIAL DEVELOPMENT DISTRICT. The applicant. has submitted the following phasing plan for the Glen Lyon property: Phase I: Expansion And Remodel Of Existing Office Building Parking Structure, Brewery Construction Start: April 1989 Construction Completion: December 1989 14 Phase II Addition of East Building Construction Start: April 1990 Construction Completion: December 1990 The staff has no problem with this phasing plan. IV. ENVIRONMENTAL IMPACT REPORT Please see the conditional use memo for a review of the environmental impact report. V. STAFF RECOMMENDATION The staff recommends approval of the proposed amendment to Area D. The project meets all of the design criteria for amendments to Special Development Districts. The project will be a significant benefit to the community due to the unique mix of uses and high quality design. Our approval is contingent upon the following conditions being met by the applicant. The owner shall agree in writing to the following conditions which shall be recorded by the Town of Vail Clerk at the Eagle County Assessor's Office within 30 days after the Town Council's final approval of the SDD ordinance. The time period may be extended if approved by Town staff. C 1. The owner shall agree to construct the bus shelter per Town of Vail standards. The bus shelter will be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for either the brewery addition, office expansion, east office building, or parking structure. 2. The owner shall relocate the bike path and provide a bike path. easement across the Glen Lyon property and CDOH property. The bike path shall be constructed per Town of Vail standards. The bike path shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for either the brewery addition, office expansion, east office building, or parking structure. Such temporary certificate of occupancy shall be conditional upon construction of the bike path provided for herein. 3. The owner shall provide an employee housing agreement for the two employee housing units in the east office c - 15 building. This agreement shall be provided to the Town of Vail before a temporary certificate of occupancy is released for the two employee housing units or the free market dwelling unit. The agreement shall include the same provisions as outlined in the employee housing agreement for Area A. 4. The parking and access to the property shall be managed per the TDA Parking Report, p. 6-7, August 10, 1988 by the owner of the property. 5. The owner shall underground the electrical utilities along the north side of the Glen Lyon property from the northwest corner of the property to the northeast corner of the property. This utility work shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the brewery addition, office expansion, east office building or parking structure. The undergrounding of the utilities is contingent upon Holy. Cross approving the work. 6. The 20 foot utility easement on the western portion of the property shall be relocated as well as approved by the Town of Vail before a building permit is released for the micro-brewery addition. 7. The owner of the Glen Lyon Office property shall not file any remonstrance or protest against the C formation of a local improvement district or other financing mechanism approved by the Vail Town Council which may be established for the purpose of building road improvements to the South Frontage Road. 8. The owner shall provide afire hydrant per Town of Vail Fire Department requirements on the northwest portion of the property. The fire hydrant shall be provided subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for either the brewery addition, office expansion, east office building, or parking structure. Staff would recommend that the Design Review Board look at the following issues related to this projects 1. Pedestrian access from the east side of the structure to the east office building should. be required. 2. The pedestrian path from the parking structure to the brewery entry should be located on Glen Lyon property. 3. One additional loading space should be provided for the main office building in the parking structure. 16 PEC minutes 10/10/88 C 3. Request to amend Special Development District 4, Area A, Cascade Village. Applicant: Vail Ventures, Ltd. Kristan Pritz presented the staff memo on the request. She described the background on the Cascade Village Development. The presentation followed the format of the memo. The staff recommended approval of the proposed amendments to the Special Development District 4, Area A with conditions as outlined in the memo. During the meeting, staff added the following notations to the list of conditions: 1. In respect to condition 8: The difference in GRFA for the total project (existing) 291,121 s.f. and the (proposed) 8 d.u. Millrace plan scenario of 290,945 s.f. is 176 s.f. The 176 s.f. may be applied to Westhaven so that the developer does not lose development rights. 2. In respect to Condition 15: The Waterford structure when built will trigger the development plan for Millrace IV. This means that the accommodation unit or dwelling unit plan must be C selected before the Waterford structure could be built. This is due to the fact that parking for Millrace IV is located in the Waterford structure. 3. In respect to Condition 15: The parking structure will have pollution control mechanisms. 4. New Condition #16: Erosion control methods will be used during construction of the Waterford and Cornerstone buildings to avoid impacts on the stream. Andy Norris, representing Vail Ventures, Ltd., responded to the conditions of the staff approval. 1. Andy felt he was entitled to the 96 fireplaces and stated that it was important to provide the fireplaces in transient residential units and dwelling units up to his maximum amount. 2. He wanted to have the office space. He agreed that Commercial Core I zoning was appropriate for first floor space as long as he could have the one office space in the Plaza Conference Building. C 3. Okay! 4. He felt that this was a site planning issue and that the Design Review Board could work out the site plan for the dwelling unit scenario for Millrace IV. 5. & 6. & 7. Okay! 8. He wanted 293,745 square feet of GRFA for the completed project. 9. & 10. & 11. Okay! 12. Andy said that he had a fundamental disagreement with this requirement as he felt that the developer of Eagle Pointe should be responsible for the bollard. The bollard was an original requirement of the Eagle Pointe project which was not followed through with by the developer. 13. Okay! 14. Andy agreed to provide floodplain and stream centerline information for Waterford. He felt that if the staff wanted the 100-year floodplain C information updated for this stretch of stream that it was the Town's responsibility to contact the Flood Emergency Management Agency (FEMA) to request that this work be completed. 15. & 16. Okay! In respect to the Design Review Board recommendations, Andy agreed with points 1, 2 & 4, but did not agree that point 3 should be passed on to the Design Review Board. His opinion is that the bridge connection between the two buildings in the Cornerstone project is very appropriate. Peggy Osterfoss asked if the Commercial for Cascade Village would be similar to Lionshead and/or the Village. Andy responded that yes, it would be similar. He said that basically the amount of retail is limited by the amount of parking he could provide. Peggy stated that she felt parking was a big issue due to the impacts of the Colorado Mountain College, and lift. She felt that the lift will impact parking in a way that would be difficult to ascertain. Andy responded that valet parking is used on extremely busy days and will be necessary in the future. Peggy stated that 3 C she felt that it was unfair that the developer lose his maximum amount of fireplaces for the project. Bryan Hobbs felt that the number of fireplaces should be based on a dwelling unit count. He supported all the other staff conditions. He stated that he was unsure about the emergency bollard issue. He felt that the mass and bulk of the bridge connection on the Cornerstone building was fine. Diana Donovan did not see how the project would work for circulation. Andy Norris explained how the general circulation for pedestrians and vehicles worked. He stated that the covered bridge to the club is important and should be used. The Cascade Club covered entry by the bridge is also a space that can be used for drop-offs. Andy agreed that better management of the drop-off and pick-up areas in the project is necessary. He explained to Diana that drop-off by the CMC building is allowed and that the Westin plaza area had been specifically designed to allow for cars to flow in and out of this area. Diana asked how trash would be handled. He stated that all projects will have interior .trash compactors. Diana suggested that benches and bike racks be added to the Westin, CMC and Cascade Club areas. Diana said that the office may be nice but that Andy could not have it both ways. In respect to the Millrace IV plan, Diana said that she supported the 32-accommodation plan and that she agreed that additional square footage could be allowed due to the area being devoted to lodge rooms. She stated that she did not have any problem with the bridge connection on the Cornerstone building. Sidney Schultz questioned why it would not be more appropriate to change the definition of an accommodation unit to allow for a kitchen as opposed to putting restrictions on a dwelling unit to create the transient residential unit. Kristan Pritz responded that the staff had discussed this issue with the Town Attorney, Larry Eskwith. She stated that he and the staff felt that it was a more logical approach to restrict dwelling units instead of creating a new definition for an accommodation unit. The definition of a dwelling unit and an accommodation unit is based primarily on whether or not the unit has a kitchen. To change this approach could have unknown ramifications on how density is calculated for projects throughout the community. Sidney stated that he felt fireplaces should be limited to dwelling units only and perhaps allocate fireplaces on a building by building basis. Pam Hopkins was concerned about the Frontage Road landscaping and fireplace number. She was concerned that the north facade 4 along the Waterford building would be more like a wall. Andy stated that they were trying to get away from the Interstate due to the negative impacts I-70 has on the project. Pam liked the requirement for the bollard. She also felt comfortable with the office space in the plaza conference wing. She was concerned about snow/shedding problems and felt that the architects needed to look at this issue closely. She suggested using snow guards. Andy stated that they are using a combination of snow guards and protection for pedestrians to avoid the snow/shedding problem. Jim Viele stated that there were excellent points made on both sides of the issue concerning the fireplaces. He felt that it was a difficult issue to decide. He was open to allowing some fireplaces for certain transient residential units and was willing to look at some kind of compromise on the .issue. He agreed that the first floor office space should be allowed. The use exists in Commercial Core I and Commercial Core II. He felt that a small amount of office space on first floor was justifiable. In respect to the Millrace IV 8-dwelling unit plan, he agreed with staff that additional work needed to be done on the site planning for this proposal. C In respect to the GRFA for the project, he agreed with the staff's condition in number 8. This would require that the GRFA for the project, if Millrace IV (8-dwelling unit plan) is used, would be 290,945 square feet. If the Millrace IV 32- accommodation plan is utilized, then the total project GRFA would 293,745 square feet. He agreed with the staff amendment to this condition which stated that the difference in GRFA of 176 square feet could be applied to the Westhaven property. Jim felt that the bollard was a reasonable off-site improvement given the magnitude of the project. Jim felt the bridge connection on the Cornerstone project was not a big concern. He felt that the bridge connection was important to the architecture for the building. He stated that the view up to the mountain is already very nice. Kristan Pritz pointed out that the office could. go on the second floor of the Cornerstone building and still be very accessible to walk-in traffic. The location is adjacent to the stairway down to the lift. She also pointed out that fireplaces in Denver had been cited as a major contributor to the air pollution problem. She also stated that it would be a special privilege to allow Andy to have fireplaces in units other than dwelling units. She also reiterated the need for the bollard due to the size of the project and concern for adequate emergency access. 5 Peggy Osterfoss stated that she felt that support of the office was a good trade-off for requiring Andy to add the bollard. Diana Donovan made a motion to approve the project per the staff memo with the following amendments: 1. Condition #2 - The office space would be allowed to be located in the Plaza Conference building. 2. Condition #4 - The 32-accommodation unit plan is acceptable. The 8-dwelling unit plan is denied. Square footage for the 8 dwelling unit is only approved to be 11,200 square feet, the original approved GRFA. She stated that Andy may submit a plan before the project is presented to the Town Council for staff approval. The plan is to allow for adequate open space between Millrace IV and the Westin. She felt that it was also acceptable to allow the additional GRFA of 176 square feet to be applied to the Westhaven property. 3. She moved that the concern over the bridge connection in the Cornerstone building be removed from the comments passed on to the Design Review Board. The motion was seconded by Pam Hopkins. The motion passed unanimously. 4. A work session on the request for a conditional use for an addition to the hospital. 5. A work session on the Glen Lyon Office Building, including the micro-brewery. 6 PEC NOVEMBER 28,1988 .. lab. The vote was 4-0 to uphold the staff decision. 3. A request to amend Special Development District 4, Area D to allow a micro-brewery, office expansion, parking structure and residential units and A request for a conditional use permit to allow a micro- brewery on the Glen Lyon Office property. Applicant: Glen Lyon Office Building, Inc. Kristan Pritz summarized the requests per the very complete staff memos concerning the project. Beginning with the request for the amendment, she compared the proposed development to the Arterial Business Zone District, stating that only in the areas of height, setbacks and landscaping were there any deviations. Kristan then reviewed the design criteria for Special Development Districts, stating that the proposal provided for significant upgrading of the existing development on the site, it provided for a mix of uses, and served as a transition zone between Lionshead and Cascade Village. Parking and loading was explained and a report by TDA Colorado concerning "Parking Demand Analysis and Parking Management Plan" was discussed. Kristan then explained how the project conformed to applicable elements of the Vail Comprehensive Plan, Town policies and the Urban Design Plans and went on to discuss the applicable geological hazards. The memo also dealt with the site planning, circulation system, landscaping, and phasing of-the work on the project. The staff recommendation was for approval of the amendment to Area D with the stipulation that the owner agree in writing to the following conditions which shall be recorded by the Town of Vail Clerk at the Eagle County Assessor's Office within 30 days after the Town Council's final approval of the SDD ordinance: 1. The owner shall agree to construct the bus shelter per Town of Vail standards. The bus shelter will be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for either the brewery addition, office expansion, east office building, or parking structure. 2. The owner shall relocate the bike path and provide a bike path easement across the Glen Lyon property and CDOH property. The bike path shall be constructed per Town of Vail standards. The bike path shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for either ;;the brewery addition, office expansion, east office building, or parking structure. Such temporary certificate of occupancy shall be conditional upon construction of the bike path provided for herein. 3. The owner shall provide an employee housing agreement for the two employee housing units in the east office building. This agreement shall be provided to the Town of Vail before a temporary certificate of occupancy is released for the two employee housing units or the free market dwelling unit. The agreement shall include the same provisions as outlined in the employee housing agreement for Area A. 4. The parking and access to the property shall be managed per the TDA Parking Report, p. 6-7, August 10, 1988 by the owner of the property. 5. The owner shall underground the electrical utilities along the north side of the Glen Lyon property from the northwest corner of the property to the northeast corner of the property. This utility work shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the brewery addition, office expansion, east office building or parking structure. The undergrounding of the utilities is contingent upon Holy Cross approving the work. 6. The 20 foot utility easement on the western portion of the property shall be relocated as well as approved by the Town of Vail before a building permit is released for the micro-brewery addition. 7. The owner of the Glen Lyon Office property shall not file any remonstrance or protest against the formation of a local improvement district or other financing mechanism approved by the Vail Town Council which may be established for the purpose of building road improvements to the South Frontage Road. 8. The owner shall provide a fire hydrant per Town of Vail Fire Department requirements on the northwest portion of the property. The fire hydrant shall be provided subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for either the brewery addition, office expansion, east office building, or parking structure. The staff also recommended that the Design Review Board look at the following issues related to this project: 1. Pedestrian access from the east side of the structure to the east office building should be required. 2. The pedestrian path from the parking structure to the brewery entry should be located on Glen Lyon property. 3. One additional loading space should be provided for the main office building in the parking structure. 4. Substantial landscaping should be planted adjacent to the north and south sides of the parking structure. Kristan then explained the request for the conditional use permit for the micro-brewery. Statements were read from the applicant's proposal describing the micro-brewery operations, including the fact that there would not be any tractor/trailers permitted at the brewery. Kristan then reviewed criteria and findings for a conditional use permit as well as the environmental impact report. She also presented a letter to the board from CDOH concerning the South Frontage Road and traffic impacts. The staff recommended approval with the following conditions: 1. The owner shall provide a man-hole on the brewery service line to that the Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength. 2. The brewery management shall not operate the brewing process during temperature inversions. It shall be the brewmaster's responsibility to monitor inversions. 3. The trash compactor and trash storage area shall be completely enclosed. The management of the brewery shall not allow any trash to be stored in an unenclosed area. 4. The owner of the property and brewery management shall agree in writing that semi-truck traffic to the Glen Lyon office site shall be prohibited. The only truck loading that shall be allowed to the site for the brewery or any other uses on the site will be vans having a maximum size of 22'. 5. The owner of the Glen Lyon Office property shall not file any remonstrance or protest against the formation of a local improvement district or other financing mechanism which .may be established for the purpose of building road improvements to the South Frontage Road. 6. The owner shall utilize protective measures during construction to prevent soil erosion into Gore Creek. Andy Norris, representing the applicant, stated that he felt an improvement to the South Frontage Road should be a joint effort including the applicant, CDOH, the Town of Vail and the other adjacent property owners. Peter Jamar, author of the EIR was also present. Peter Patten stated Andy that to not remonstrate as written in condition number 5 meant basically to agree to pay his share. Peggy asked where people would walk from the bus stop and Andy said the applicant would construct a path to connect the bus shelter to the brewery along the South Frontage Road. Peggy wondered who would know when there would be an inversion, and was told that it was the respsonsibility of the brewmaster to not brew during an inversion. Andy stated that this was water vapor, not pollution, and that the reason for not brewing during inversions was merely because of the odor created. Kristan stated that the brewmaster should set up a meeting with the Environmental Health Officer to discuss the inversion issue. She emphasized that it is ultimately the brewery's responsibility to not brew during inversions. Andy stated that the brewery could remove the odor by using device on the water vapor stack. Peggy felt that it was important to have as much landscaping as possible along the parking structure. Bryan felt that Peggy had covered all the important points. Jim Viele refrained from commenting due to a conflict of interest. Peggy moved to recommend to Town Council approval of the requested amendment per the staff approval and with an added item for the DRB that there must be substantial landscaping along the parking structure. Bryan seconded the motion and the vote was 3 in favor, none against, with Jim abstaining. Peggy then moved to approve the conditional use request to allow the micro-brewery per the staff memo with an added condition #6 that states: The owner shall utilize protective measures during construction to prevent soil erosion into Gore Creek. Bryan seconded the motion and the vote was 3 in favor, none against, with Jim abstaining. Item 4, Vail Valley Medical Center was withdrawn. 5. A request to amend the Ford Park Master Plan to add an aquatic/tennis complex. Applicants: Town of Vail and Vail Metropolitan Recreation District. Kristan Pritz described the proposed change to the Ford Park Master Plan. It concerned the northeast area of Ford Park which presently was to be developed for an aquatic facility with associated parking. All three softball fields would remain on the park. The tennis courts would be removed to allow for the pool and be relocated at Golden Peak. With the changes at Golden Peak, the VMRD board wished to relocate as many of their courts on public land as possible to ensure that they would be available for the public in the future. Two phases were proposed. Phase One would allow for ' SPECIAL DEVELOPMENT DISTRICT AMENDMENT AND ENVIRONMENTAL IMPACT REPORT AUGUST 1988 1 r 1 ii ii 1 ~i SPECIAL DEVELOPMENT DISTRICT AMENDMENT AND ENVIRONMENTAL IMPACT REPORT Prepared For: Vail Ventures, Ltd. 1000 South Frontage Road West Vail, Colorado 81657 Prepared By: Peter Jamar Associates, Inc. 108 South Frontage Road West Vail, Colorado 81657 (303) 476-7154 AUGUST 1988 /REVISED NOV. 22, 1988 u i TABLE OF CONTENTS ' PAGE NO. INTRODUCTION 1 ' SUMMARY 2 SECTION ONE - T HE DEVELOPMENT PLAN 3 ' SECTION TWO - IMPACTS/MITIGATION 33 SECTION THRE E - APPENDICES 53 - RBD Eng ineering Report - Lett ers from Upper Eagle Valley Water ' - and San Parking itation District Analysis and Parking Management Plan Development Area D - Acce ss Analysis - Development Area D ' LIST OF FIGU RES ` Figure 1 - Cascade Village Vicinity Map 1 ' Figure 2 - Existing Development - Area A 5 Figure. 3 - Development Under Construction - 6 Area A ' Figure 4 - Future Development - Area A 7 Figure 5 - Master Plan - Area A 8 Figure 6 - Vicinity Map - Area D 9 Figure 7 - Cornerstone Site Plan 21 ' Figure 8 - Transient Residential Unit 22 Typical Floor Plan Figure 9 - Waterford Site Plan 23 Figure 10 - Millrace Phase IV Site Plan - 24 Condominiums Figure 11 - Millrace Phase IV Site Plan - 25 ' Lodge Rooms Figure 12 - Master Plan - Area D 28 Figure 13 - East Building and Condominium - 29 Area D ' Figure 14 - Micro-Brewery First Floor Plan 30 Figure 15 - Micro-Brewery Second Floor Plan 31 Figure 16 - Micro-Brewery Third Floor Plan 32 ' Figure 17 - Cascade Village Entry Perspective 42 ' TABLE OF CONTENTS PAGE 2 ' PAGE NO. LIST OF TABLES Table 1 - Tabulation of Completed Projects - 16 Area A ' Table 2 - SDD Development Standards - 17 Area A Table 3 - Comparison of Area D Proposal to 27 ' Development Standards of the Arterial Business District Table 4 - Estimated Quantities of Pollutants from 38 increase of Fireplaces ' Table 5 - Maximum Parking Required - Area A 48 Table 6 - Parking Requirements - Area D - 49~ ~; D 1 1 1 1 1 1 1 1 INTRODUCTION The purpose of this report is to present information regarding proposed amendments to Special Development District 4 (SDD4) located within the Town of Vail, Colorado. Special Development District 4 is located at the base of Vail Mountain, west of Vail Lionshead and is commonly referred to as Cascade Village (see Figure 1, Vicinity Map). Not to Scale • NORTH o; VAIL MOUNTAIN • a• • . x. • . . w. . • . . . • . o. . . ~• . ~ • LL. • • • • • ~ . • ~. .St . m . . a ; • • O . ~ U • • m • i i O • • • • d ;x . . . a w . . . • • ~j'(~ ; ~ < (A'.J . . . • `° ; ; ~ m .m ~ . n . a • o i a_ • i O i ~ • ! ro • • ~' • • • 4 • - • • • • . • • c .. •'•~ • Vail ~ a°a g ~ ~,9 Villa e ; wes~~, ~rFto west vau ~/o °J ~~• •~ ~ ~ ~wey ~ S Interchange away Stop LIOflSheaCl '• Gore Creek Village ~ Interstate 70 P°a North Frontage Figure 1 1 1 J SUMMARY Vail Ventures, Inc. and Glen Lyon Office Building, a Colorado ' Partnership, propose to make amendments to the existing provisions of Special Development District 4, Cascade Village. ' These amendments are intended to provide a proper balance of land uses as well as to provide first class accommodation units, dwelling units, special attractions, facilities, and services for the Vail guest. Proposed future development will consist of ' condominiums, lodge rooms, skier support services, commercial, retail and office space, entertainment and/or educational and cultural facilities, and a Micro-Brewery. FINDINGS AND CONCLUSIONS ' The proposed amendments will not have a negative impact upon the physical condition of the site in terms of geologic conditions, hydrologic conditions, noise impacts, biotic conditions, or visual conditions. The proposed amendments will result -in the potential for additional air pollution in the Gore Valley due to the addition of wood burning fireplaces in excess of the number currently allowed; ~~~ The increased demands for water and sewer service as a result of the amendments can be easily accommodated by Upper Eagle .Valley Water and Sanitation District; ' The traffic and circulation demands of the development can be met by the recently constructed roadway and intersection improvements;- , Parking demands generated by the development can be provided for; The proposal helps to implement and is consistent with various ' Town of Vail Goals and Policies as identified by the Vail Land Use Plan, Community Action Plan, and Report of the Economic Development Commission. i !~ 2 ~~ 1 SECTION ONE - THE DEVELOPMENT PLAN Special Development District 4 was established in 1977 and since that time has been evolving into a high quality mixed use resort development consisting of residential, recreational, educational, and commercial land uses and activities. SDD4 is divided into four "development areas": Development Area Area Known As A Cascade Village B Coldstream Condominiums C Glen Lyon Duplex Lots D Glen Lyon Office Building Area A, the core of the Special Development District, is the site of the Westin Hotel, Colorado Mountain College, Millrace Condominiums, the Cascade Club and Parking Structure, and the newly constructed Cascade Village Chairlift. These existing projects are identified upon Figure 2. Currently under construction in Area A, as indicated upon Figure 3, are the Westin Hotel's Terrace Wing and the Conference Center. Future development areas within Area A are generally depicted upon Figure 4. Figure 5 indicates Development. Area. A at completion. _ Area D is the site of the existing Glen Lyon Office Building, -, (See Figure 6). The main focus of this report is to present information regarding the proposal for future development within Development Areas A and D of SDD4 as they relate to previous development approvals for SDD4, to review potential impacts resulting from the changes proposed, .and to discuss actions that. can be taken to minimize any adverse impacts. The report is divided into three parts: Section One - The Master Plan - Describes the proposed Develop- ment Plan and amendments to the Special Development District. Section Two - Impacts,1Mitigation - Contains estimates of probable impacts resulting from the proposal and summarizes actions that can be taken to minimize any adverse effects resulting from the proposed development revisions. Section Three - Appendices - Provides supplementary information. 4 INTERSTATE HIGHWAY N0 70 ,. ~k SOUTH FRONTAGE ROAD .,~ a ; - - " ACCESS PATH TO >.. TENNIS COURTS~f Z. J L . ~] [_ a CASCADE CLUB/ I PARKING STRUCTURE i ~ .....`. ._ .l .. _.__ ,F y WESTNAVEN DRIVE O P ~ ~ 'E~ M CE C.M.C. ~ ICONRERENC~ y O r PHASE BUILDING ~ CENT6A ~ r ~ : A ~ ,. ~,z. ! ~ Qp~ ~ " " ~~ ~ MILLRACE ~ TERRACE ~"" """ ' PHASE 1 O ~~ ` ~ =~k WING .- ~ 1 . ,... ;~_ ..~...~J NORTH THE WESTIN MOTEL _ CASCADE PILLAGE CHAIRLIFT . r. ` ~~ •~ T. V ..~ GORE ~, , . , CASCADE VILLAGE vArt. coLORAOo Figure 2 Existing Development Figure 3 Under Construction Figure 4 Future Development ~ ~ ~ ~ ~ ~ i r ~ ~ ~ ~ ~ ~ ~ ~ r ~ ~ C -~ ~D R CASCADE VIILA(iE MASTER PLAN ~. 2. CORII[R8TOfE 8. CONFERENCE CENTER 4. WESTM NOTEI 0. TERRACE WING 6 CASCADE MAIL 7. SKI LIfT 0. I~lAACE N 9. M<LRACE I p. IALLAACE N 11. IRL111CE MI 1Z. CUJS CAIDOIRSIM 1i. CxG SUaDfq x. aacAOE aus u. ENrnr TO'WE11 a CASCADE LUIS ADdT10N ~ r ^~ ~ ~ ^~ ii I~ ~ ~ ~ ~ ~ r~ ~ ~ ~ ~ ~ ~~ • • • ~. " \ • . ~, • y . d • a x w • c • t • c~ • ao • • r • N i ~ • • . . Va II Village 4 Way Stop I Main Vail Interchange Not to Scale Interstate 70 NORTH c North ~ Frontage Road Vicinity Map -Development Area D Development Area D ~ • • • • • • • • ,. • • • • • • • • • • • VAIL MOUNTAIN ~. • • ~ • ~ • • • • • • • • • • • • • (7 dly • • • N m = : : ~a X • • • m O ~ ~ • • ~ • ~ • ~ ~ • • • ~ ~ ~ ~ ~~~t~ry ~ C1 m ~ ; Ho Skiway • • • =: ,. • . . • The Westin • Hotel • __ ~.. .~ lionshead .Gore Creek Village Soutn F~ ~ '''"'~\ Marriott's ont$ge _~ Mark Resort Road ~Sc~ o~ r 1 ' Vail Ventures, Ltd. pro oses to amend SDD4 to allow several P adjustments to the remaining development sites within Development Areas A and Glen Lyon Office Building, a Colorado Partnership proposes to amend Development Area D of Cascade Village. These adjustments are being requested due to changes of conditions ' resulting from the construction of the Cascade Chairlift, the completion of the Westin Hotel and the changing markets for resort real estate and guest services; all of which have affected the overall Master Plan for Cascade Village. AREA A• The remaining five development sites within Development Area A are indicated upon Figure 4, Future Development, and are as follows: 1. Cornerstone Building - located between Westhaven Drive and the Terrace Wing, previously referred to as the Plaza Building and Building "C". 2. Waterford Village - located on the east end of the site and previously called Mansfield Village. 3. Westhaven Condominiums - also referred to as "Club Condominiums" and located on Westhaven Drive ~ immediately west of the Cascade Club. ~ 4. Millrace Condominiums Phase III -located on the west end of the site between Gore Creek and Westhaven Drive. S. Millrace Condominiums Phase IV -located along Gore Creek between the Westin and Millrace Phase I. The request to amend Area A of SDD4 consists of alternative development programs for three of the five remaining project sites. Selected alternatives would be constructed over time as market conditions dictate. Table 1 reflects the completed projects ' within Development Area A to date. Table 2 contains information regarding the previously approved overall development as contained within Area A of SDD4. ' A summary of the alternatives proposed for each of the remaining five development sites within Area A, listed by site, are as follows. 10 II U ~I~ Cornerstone Buildingx (See Figure 7) The development program for the Cornerstone Building consists of two alternatives: ' Plan "A": Plan A, which is referred to as the "Base Plan" for the Cornerstone Building consists of the following uses and corresponding square footage calculations: ' ~E SQUARE FOOTAGE Restaurant 3,000 Accessory Skiing 9,330 50 "Transient Residential" Units 28,110 Office 4,850 Retail 13,250 Hotel Restaurant/Bar 2,465 ' Plan "B": Plan B, which we will refer to as the "Conditional Use Plan" for the Cornerstone Building, consists of the following uses and corresponding square footages. The major difference between the "Base Plan" and the "Conditional Use Plan" is that, under this alternative ' development scenario, less retail use would be constructed and a special attraction would be included. The special attraction proposed is intended to be a use that would be ' reviewed as a conditional use and is intended to be complimentary to Cascade Village in all respects and primarily a use that will be compatible with a major ' conference and meeting oriented hotel. Uses that have been included as conditional uses are various types of educational, cultural, and entertainment facilities. USE SQUARE FOOTAGE ' Restaurant 3,000 Special Attraction 8,080 Accessory Skiing 9,330 50 "Transient Residential" Units 28,110 ' Office 4,850 Retail 8,195 Hotel Restaurant/Bar 2,465 "Transient Residential" ("T.R.") units are defined as relatively ' small residential units containing no more than 645 square feet, and a fireplace uare feet 25 s th tt kit h l . , q an ene e no arger a c n 11 Density and parking for a T.R. is calculated in the same manner as an accommodation unit. (See Figure 8 for a typical floor plan). Currently the Town of Vail Zoning Code counts an accommodation unit as one-half of a a dwelling unit for the purposes of calculating allowable units per acre. An accommodation unit is defined as a room or group of rooms without kitchen facilities and designed for occupancy by guests. The proposal contained within the SDD4 modification is to treat Transient Residential units the same as accommodation units for the purpose of calculation of allowable units per acre. The 25 square foot kitchenette is proposed to meet the convenience needs of the typical guest now coming to Vail but not to provide full-scale kitchen facilities. In addition, it is proposed that fractionalized ownership be allowed on dwelling units within the Westhaven Building as a conditional use. Waterford Building (See Figure 9) The Waterford Building is proposed to consist of approximately 3,800 square feet of retail space and either 30 residential dwelling units or 75 transient residential units. The Gross Residential Floor Area for either scenario would total approximately 47,500 square feet. Westhaven Condominiums The Westhaven Condominiums are proposed, to consist of 24 residential dwelling units totalling approximately 24,000 square feet of GRFA. Millrace III Phase III of Millrace Condominiums is proposed to consist of 3 residential dwelling units totalling approximately 6,000 square feet of GRFA. Millrace IV (See Figures 10 and 11) Two alternatives are contemplated for the Millrace Phase IV Site. The first alternative would be to construct a total 12 of 8 residential dwelling units totalling 14,000 square feet of GRFA (Figure 10). The second alternative would be to construct an addition to the Westin comprised of 32 additional accommodation units also totalling approximately 14,000 square feet of GRFA. (Figure 11). Addition to Cascade Club • It is also anticipated that an addition will be constructed onto the east end of the existing Cascade Club Facility. This addition might consist of an indoor lap pool, miniature gymnasium, or wellness facility. A. RESIDENTIAL ALTERNATIVES As a result of the various scenarious presented above for each individual development site, there are four basic alternatives that could result for residential units: PARKING ~1U OR TR DU STRUC ON-SITE Alternative Cornerstone 50 TR 48.1 Waterford 30 60 Westhaven 24 48 Millrace III 3 6 Millrace IV 32 AU 26.8 TOTAL 82 57 134.9 54 Alternative 2 Cornerstone 50 TR 48.1 Waterford 75 TR 75 Westhaven 24 48 Millrace III 3 6 Millrace IV 32 26.8 TOTAL 125 TR 27 149.9 54 13 ' Alternative 3 ' Cornerstone 50 TR 48.1 Waterford 30 60 Westhaven 24 48 Millrace III 3 6 Millrace IV 8 16 ' TOTAL 50 65 108.1 70 • Alternative 4 ' Cornerstone 50 48.1 Waterford 75 75 Westhaven 24 48 ' Millrace III 3 6 Millrace IV 8 16 ' 70 ~ 125 35 123.1 TOTAL ' Special Development District 4 allows a total maximum density of 288 dwelling units with a minimum of 308 accommodation units and a ; maximum of 134 dwelling-units within Area A. Currently, 38 , dwelling units-exist and 288 accommodation units exist, which is the equivalent of 182 dwelling units (2 au = 1 du). ' Under each alternative, the total dwelling unit equivalent is less than the remaining equivalent of 106 dwelling units allowed. Alternative 1: 8.0 units less than total allowed ' Alternative 2: .5 units less than total allowed Alternative 3: 16.0 units less than total allowed Alternative 4: 8.5 units less than total allowed ' All three alternatives meet the minimum requirement of 308 accommodation units as long as transient residential units are counted as accommodation units. All of the three proposals are 2624 square feet over the allowable GRFA excluding the GRFA for employee housing. 14 ' NUMBER OF AU'S OR TR PROPOSED PLUS EXISTING AU Alternative 1: 370 over required minimum by 62 AU/TRS Alternative 2: 445 over required minimum by 137 AU/TRS Alternative 3: 338 over required minimum by 30 AU/TRS Alternative 4: 413 over required minimum by 105 AU/TRS In summary, the proposal does not exceed the allowable density and actually provides more AU's than are required in the existing SDD. All of the alternatives are 2,624 s.f. over the allowable GRFA. Employee units have not been included in these calculations. At the request of the Town of Vail, the developer has agreed to provide a minimum of ten employee dwelling units ' having a minimum of 640 square feet per unit. These units will be provided either within development area A or D. ' Also proposed is the ability to allow fractional ownership as a conditional use for dwelling units within the Westhaven Building. B. COMMERCIAL ALTERNATIVES Within Development Area A, two of the five remaining development ' sites will contain commercial development: The Cornerstone Building and the Waterford Building. The Waterford Building will contain approximately 3800 square feet of retail space. Cornerstone has two scenarios for commercial development. Plan A includes space for restaurant ' use, office use, retail use and skier accessory related space such as ticket offices, skier related retail, changing facilities, locker rooms and other ski-related facilities. Plan ' A plus the existing commercial development. is equal to 56,538 square -feet. Plan included in Plan A, but substitutes retail "special attraction" as a conditional use. ' defined as a museum, seminar or research arts theatre or other similar cultural cen~ in Development Area A B includes the uses square footage with a Special attraction is center, or performing ter. Both alternative plans for the Cornerstone allow for an increase to the total amount of commercial space within Development Area A of 16,513 square feet to 19,538 square feet. This increase is primarily due to the introduction of the Cascade Ski Lift and the related accessory uses and the contemplation of providing other special attractions. for the visitor. I'~ 15 1 TABLE 1 COMPLETED PROJECTS - DEVELOPt~1E]]T AREA A, SDD4 - COMMERCIAL PARKING REQt•!T COMPLETED PROJECTS AU DU SF GRFA SF SEATS PROJECT STRUCTURE 'caaacsacaccaccaacaa=caaaacac acccccccca coaacacacsacccaacscacaacaaca=acaoaaaac xcacaaccc aaacaasoaccaaaacocc Millrace I 16 20,000 20,000 26 Millrace II ,Westin Hotel 146 14 17,534 17,534 55,657 25 112 Alfredos 104 Cafe 74 Little Shop 660 8 ' Pepi Sports Plaza Level 1,363 Basement Level 1,073. W 6 J Smith 900 900 4 'CMC Building Cascade Wing 8 15,870 15,870 16 Clancy's 1,400 1,400 93 9 Office 800 800 3 ' Cascade Theatre .4,220 275 28 College-classrooms 4,792 40 College-office 879 4 Meeting Room 2J * • ' 1,387 1,387 92 9 Cascade Club Retail 330 330 1 Wellness Center 1,483 1,483 6 'Terrace Wing Guest Rooms 120 58,069 103 Retail 5,856 5,856 20 ' Plaza Building Guest Rooms 22 7,205 16 Retail/Office 1,099 900 4 Conference Facility-net - 8,300 553 37 ' aaaasaaaccaaaasaxaaaaasaaaca aacaaasaas aasaaaaaaaccaaxaaacaaaaaaaaaaaaaaaaaaa acacaacaa saaacaaamcaxacaacc Subtotals 288 38 88,146 174,335 13,056 1,199 53 412 NOTE: Meeting Room 2J currently not required to provide .parking. The 9 space.. requirement shown is the proposed requirement for the space as commercial use. 1 1 1 1 1 1 1 1 1 1 1 1 1 TABLE 2 DEVELOPMENT AREA A SDD4 APPROVED DEVELOPMENT STANDARDS Residential Density Dwelling Units Floor Area 287 Dwelling Units Total, with a minimum of 308 A.U.'s and a maximum of 134 D.U.'s. 291,121 sq. ft. GRFA Commercial Square Footage 37,000 square feet Setbacks 20 feet of the periphery of the property with the exception of the Cascade Club/Parking Structure which shall be 2 feet Height 71 feet for Westin, CMC, Terrace Wing, Athletic Club/Parking Structure, Plaza Building, 48 feet for remaining buildings. Site Coveracte Landscapinq Parkinct 45$ 50$ including Stream Tract 456 spaces, plus 2 spaces per dwelling unit for Millrace, West- haven Condominiums and Mansfield Village Condominiums. 75$ of the 456 spaces shall be within a structure. 17 COMPARISON OF PROPOSED DEVELOPMENT AND PREVIOUSLY APPROVED DEVELOPMENT - AREA A The future development for Development Area A currently contemplated varies from the development previously envisioned and, therefore, the standards outlined within SDD4. A comparison of Table 1, Completed Projects, and Table 2, Approved Development Standards, indicates the amount of remaining development upon the site which is approved but unbuilt within the current SDD: 1 EXISTING REMAINING DEVELOPMENT APPROVED SDD DEVELOPMENT UNDER CURRENT SDD TOTAL DU 288 182 106 * 20 AU OR TR 308 min 288 ' DU 134 max* 38 96 GRFA 291,121 174,135 116,986 COMMON 37,000 17,786 19,214 _ *Currently, SDD4 allows a total ma ximum of 288 dwelling units. The maximum and minimum numbers of au's and du's were established to ensure that the project would have a greater emphasis on lodge rooms than dwelling units. The next chart compares the three proposed development alternatives to the remaining development potential allowed under the existing SDD. EXISTING REMAINING DEVELOPMENT COMPARED TO PROPOSED DEVELOPMENT - AREA A ' TOTAL DU 106 98 5 105 90 97 5 . . AU OR TR 20 82 157 50 125 DU 96 57 27 65 35 GRFA 116,986 119,610 119,610 119,610 119,610 COMMER 17,786 35,727 (A) 35,727(A) 35,727(A) 32,727(A) ' 38~752 (B) 38o752(B) 38~752(B) 38o852(B) ~~ u 18 The following summaries highlight how the remaining development under the existing SDD compares to the proposed developments for ' Alternatives 1, 2, 3, and 4. Alternative 1 compared to remaining approved development: ' Total Unit Number: 8 units under allowable Minimum Accommodation Unit Number: 62 units over A.U. minimum Maximum Dwelling Unit Number: 39 units under D.U. maximum ' GRFA: 2624 s.f. over allowable Commercial: 16,513 s.f. over allowable, Plan A 19,538 s.f. over allowable, Plan B lternative 2 compared to the remainingt approved development: Total Unit Number: 0.5 units under allowable Minimum Accommodation Unit Number: 137 units over A.U. minimum Maximum Dwelling Unit Number: 69 units under D.U. maximum GRFA: 2,624 s.f. over allowable Commercial: 16,513 s.f. over allowable, Plan A 19,538 s.f. over allowable, Plan B Alternative 3 compared to the remaining approved development: Total Unit Number: 16 units under allowable Minimum Accommodation Unit Number: 30 units over A.U. minimum Maximum Dwelling Unit Number: 31 units under D.U. maximum GRFA: 2,624 s.f. over allowable Commercial: 16,513 s.f. over allowable, Plan A 19,538 s.f. over allowable, Plan B Alternative 4 compared to the remaining approved development: ' Total Unit Number: 8.5 under allowable Minimum Accommodation Unit Number: 105 over A.U. minimum Maximum Dwelling Unit Number: 61 under D.U. maximum ' GRFA: 2,624 s.f. over allowable Commercial: 16,513 s.f, over allowable, Plan A 19,538 s.f. over allowable, Plan B The following chart compares the development district to the TOTAL development district alternatives: TOTAL approved special proposed Area A special 19 APPRVD PROPOSED PROPOSED PROPOSED PROPOSED SDD ALT #1 ALT #2 ALT #3 ALT #4 TOTAL DU 288 280 287.5 272 279.5 AU OR TR 308 min 370 445 338 413 DU 134 max 95 65 103 73 GRFA 291,121 293,745 293,745 293,745 293,745 COMMER 37,000 53,513 (A) 53,513(A) 53,513(A) 53,513(A) OR OR OR OR OR 56,538(B) 56,538(B) 56,538(8) 56,538(8) The proposed SDD alternatives are under the total allowable density and meet the minimum and maximum requirements for AU'S and DU's. The commercial is 16,513 s.f. to 19,538 s.f. over the allowable under the existing SDD. This is a 45$ to 53~ increase in commercial square footage and is due to the addition of skier related used and a potential special attraction. Total GRFA is over allowable by 2,265 square feet. 20 ,. .I,I C ~D SITE PLAN CORNERSTONE ~. ~~~~~ .. -~.. ~=~=~~': ~.••.. V sz~ - o.. ~_ C ~D i KITCHENETTE TYPICAL UNIT 561.0 SF ELEV. 86.25 ie i iO h ss._c.. ~KITCNENETTE y TYPICAL UNIT 561.0 SF ELEV. 97.0 TRANSIENT RESIDENTIAL UNITS o z s e io' ~c~.~.e V4' - I'-o' 0 b N CORNERSTONE SITE PLAN WATERFORD TI ~. C o m t brr x:•~ro ~D i_FR TAGE OAD . ~O ~ ~ ~ ~ ~ r ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I~ '', .. 817E PLAN 80UTH ELEVATION C <D j MILLRACE IV ALTERNATIVE A R EXISTING NOTlL UNITS 1 TO 4 UNITE 6 t0 • 8ECTION /ELEVATION ,., SITE PLAN MILLRACE IV ALTERNATIVE B m ,. ~R .~;-_ 11 C ~D j 7. ..L .. ~ ~; AREA D: ' Development Area D, which is the site of the Glen Lyon Office Building, is proposed to be redeveloped in a manner which results in the expansion and redesign of the existing office space, as well as the construction of a new guest-oriented Micro-Brewery ' and the addition of a new detached office and residential building at the east end of the site (see Figure 12, Area D Master Plan and Figure 13, East Building and Condominium). A ' parking structure would also be constructed to accommodate the required parking for the two buildings. ' The development upon Area D would consist of the following components: USE SQUARE FOOTAGE ' Office (including existing) 15,850 Brewery Operation 4,000 Beer Hall 1,774 ' Brew Pub 1,621 Museum 415 ' Retail Employee Lockers, Storage, 446 Circulation, Restrooms, Kitchens 5,123 `' Residential (3 Dwelling Units) 2,900 ' As an alternative in this main plan, an additional 1500 square feet of office would be constructed in the "East Building" in lieu of the three dwelling units. Both scenarios would require the same amount of parking (6 spaces). 26 COMPARISON OF PROPOSED DEVELOPMENT AND ALLOWED DEVELOPMENT - AREA D Development Area D is located in both the Arterial Business District and Special Development District 4. A comparison of the development proposed for Area D to the Arterial Business District Standards is shown in Table 3. TABLE 3 COMPARISON OF PROPOSED USES WITHIN DEVEIAPMENT AREA D OF SDD~4 TO bEVELOPMENT STANDARDS OF THE ARTERIAL BUSINESS DISTRICT 8@12 SETBACKS PROPOSED SIDE: 15' where building height is less than 20' 20' where building height 17' at closest point fs over 20'. (varies). SE88: l0' 15' for buildings lo' for parking structure. FRONT: (Frontage Rd): 60$ oP frontage 9.5$ of Building can be 15', 40$ must be 20$ (excluding parking structure) at 15' remainder is 20' or beyond. STREAM 50' from centerline of Gore • 50' at closest point for Creek. buildings, small portion of parking structure in 50' setback. H GH 70$ may exceed 32' and none of the roof 48' maximum may exceed 50' Minimum Slone: 3/12 Exceeds 3/12 Flat Area: 10$ for transition of roof Does not exceed 10$ lines. DENSITY: 60 square feet of GRFA for each 100 sq.ft. 2900 sq.ft. of site (60$) (45,678 sq.ft.) 26. d.u./acre (43.5) 3 880 PROPOSED COVERAGE• Maximum 60$ (45,678) 25,906 sq.ft. or 33.6$ F.A.R. .75 allowed (57,097 sq.ft.) 38,000 sq.ft. LANDSCAPING: 25$ of Site Area 66.4$ 27 .. sou1u ryccHT^~ tRCac •^ot'I ...T _.. .. _ i~ .yY` _ Y _ I ,( 7 • /. M sl a0 ~Ai11~1 ,IIY M1l rlr ,n' 11111ia if 4~~I~I ~ .r ~' ~,y14 ~~• r 334 ~ • ~~ " ~ J( rln r iiy~s . r~ir~ 4~~ 111~{~M~~IM~1/ IrT v _ v."f 7i< ~, :~i} ~~~i ~` _ ~ ~ fir I t ~ ~~T `` T ~'~''Ily.i 11/J~~/ • gam-' - _ ~i ~= a ~ ~ -=i- ~ ~;~+..`~~\\~ ~ =~ ~ ~ _~ w~ ~~.~~~~ ~~~~'~'~~~ 'tom '~ry~2 ~~ NOV, ~, o, i~9B 1. BREWERY 2. EXISTING OFFICE BUILDING 3. DECK PARKING 60 8PACE3 4. GROUND PARKING 49 SPACES b. EAST BUILDING OFFICE 2,800 SF CONDOMINIUM 3,400 SF WITH 7 PARKING SPACES C fD j N VAIL BREWERY COMPANY SITE PLAN GLEN LYON OFFICE SITE DEVELOPMENT AREA D r ~` '° ~ MASTER PLAN fOUTN PRONTAO! ROAD DECK PA RKINO ~ '; ;, y x t T: • '--SITE PLAN ~'' ~~ EAST BUILDINfi 8 CONDOMINIUM ~~'•~ Y~s'•Js<?~. ~,,. •~ -. a • • •i ,y ,. „; _ . f~i _, ,, • 1 ~~'~~~~~ r SECTION Ye •1-0 _~ ~ EAST BUILDING ~p & CONDOMINIUM w W r I ` z a i ' I `o,~-- __ ._ __ _ ~ ~a ~ ~ - ei.w were .oa. ~~~~ ~~ ~ ~ 1~ ~~~ N ae~ ~ ~/cMas j ~,~II~„'~ II c w ~I ~ fRESIA \ CI'CJ81J •lalr•naRV' o~ RV _. ... \ fit. r'.. Feu. -- N eao _ _ i I fMC ~~ I~~~ J ~'v W is -'1cS_ ..c- Y : '.' 1.-.--_~ -`000 ~O'00 ~. J ~ F. \iNl1 ~. q~ yip i I9'~ ~~ ~,6 4 ~ ~ eT~"..I uo -~ '~ ~6 PUD - 80 ~P.2 -+i- ~-o o•. o ~ ~ ~.~ ~>T a_ b.o ~ o c ~ .r i _i-._II~O~ ~ _ .. 4E'o~ ~ ~_ lo.~'. j legs' ~ _)~'~ s t ___ _ \ I 2 FLOOR AREAS 3 _ s -" _ LOUNGE 429 SF PUB i 192 DISPLAY KITCHEN 249 BAR 237 ~I(\'/~+/`1-\~/\ KITCHEN 662 COLD STORAGE 300 ~../ BREWERY 22.12 FIRST FLOOR PLAN + 8~71.U FREEZER 67 SERVICE BAR 67 SCALE. 1/S'~1'-0' SERVICE TANKS 296 CIRCULATION 20l LAB l43 R~`"'~ r1CL WHIRLPOOL 235 BREWHOUSE 214 DECK ]21 T sus-TOTAL 73os VAIL BREWERY COMPANY VAIL, ,COLORADO J i_ ~ 4 Z -> , ii~i+e~-~, I ~ ( - .. , i x '~ -. ~...~.__.. ____.~ I NJ" , ~ __ KMbxS .~. IC l.r. :?.F24 ~ _ .~. Y ~ ~ 1 I I +JJ ... -.1 _... ~..: i ..u f W ~ ~~ -. ~ Y S - ~ II 9 ~ G ~' 3 c ~ \. t 1 ~ SECOND FLOOR PLAN + 8083.5 l\_ SCALE 1/8~-1'-0~ C 1 ..i FLOOR AREAS- DREWERY OFFICES OPEN OFFICES '-!? <~` GENERAL MANAGER 229 CONTROLLER i 19 MARKETING DIRECTOR 119 WOMEN'S LOCKERS Idfi MEN'S LOCKERS 150 CIRCULATION =~= STAIR 76 CATWALK 5S STORAGE ~-S MECH ROOM ~I .i3 MECH ROOM R2 d31 MUSEUM MI5 IANITOR 79 RES'tROOMS 6J5 aRCULAnoN _~ SUB-TOTAIl X219 ~~ .. VAIL BREWERY COMPANY VAIL, COLORADO ~~~ ~ -- ____~ ~ S I s ~ 1 uu i I N L- - -.,~,+~...- - ~ 11 -~ ,M,1 I~' ~ ~ ~ j ~ K-- -- -- - - • O l i. 5- -_~ ~ O_ F. Y'''Y I I ~ u 'hm„`r~ "fi O ^ V n ~ ~ ~bo~!6 K ~5r~ t ~ -- I f ~~// ~ I I ^' _ .. ` ~ I / 7 ~ -_ ~ ~~ ~. ~, c~w4.~ ~ i .sae i gi - i ~,... / ? r7 ` ~ I~ ~ 11, U~ ;m^' ~ _ ~ ~ ~ _ .. :. --i T. ~ I .. ... },._. ~} _. o ~~ "Y DoT rvub 16TS~~.- (~ '~_. v ~~ v ~,• _. _ - _ - -- m -- - - - - -- ---- -- - -- - _ _ . - _ ~ ;:, r ,~ ill; Ij ~ ~ ,i 'r ~ _ -~_- _ o.e ~e ~ s+ d ~. i t~ THIRD F100R PLAN t 8096,5 ~~,'~ sc~~ vs•-r-o' ~Q C ..- FLOOR AREAS COVERED ENTRY 194 SF 3 FOYmERU~ 381 MAIN STAIR 03 SEER HALL 1774 BACK STAGE I54 STAGE 144 OUTSIDE BALCONY 115 BEVERAGfi 17J KITCHEN f2 675 LOADING DOCK 685 GRA1N STORAGE 350 STORAGE 24J ELevniops isi VAIL BREWERY COMPANY sue-rorn6 6o7J VAIL, COLORADO +g 1 u 1 r-, ~~ 0 0 ii Cl SECTION TWO - IMPACTSfMITIGATION 33 In accordance with Town environmental impacts of describes impacts which incremental revisions to and D of SDD4. Also proposal to various Town HYDROLOGIC CONDITIONS Natural Features of Vail requirements regarding potential proposed projects, the following section may occur as a result of the proposed the overall Development Plan for areas A discussed are the relationships of the of Vail plans, goals, and policies. The proposed incremental changes to SDD4 as proposed will have very little impact upon the natural hydrologic. conditions upon the site. The overall surface drainage collection system has been designed to collect storm water runoff at various roof and surface locations and is designed to contain the runoff. The Waterford site and the Cornerstone site will-collect the majority of storm water within a roof collection system which feeds an underground collection system which ultimately exits at Gore Creek. The total amount of the site covered by buildings in Area A will be approximately 31$. The SDD currently allows a total site coverage of 45$. ' Drainage of the parking garages will be designed. in a manner which will collect all silt and oil discharges that might occur. ' Gore Creek, the major natural water feature within the Cascade Village site, will continue to remain in _its natural state and will remain undisturbed by the development. Due to the proximity of Development Area D to Gore Creek, extra precaution should be taken during construction in order to prevent soil erosion into the creek. Man-Made Features A man-made water feature consisting of a series of fountains and pools has always been an element of the overall Master Plan for the Core Area of Cascade Village and a portion of the system has been in place for approximately four years. The self-contained system is powered by two 350 gallon per minute pumps and utilizes domestic water initially that is augmented by a natural spring which exists upon the Millrace portion of the site. An overflow storm drain for extreme conditions exists into Gore Creek should the system exceed its capacity. 34 1 Water and Sewer The revisions to the Master Plan will result in increased demands upon the water supply and for sewage treatment capacity, both of which have been reviewed by the Upper Eagle Valley Water and Sanitation District. and determined to be acceptable to the ' District. The increased water demand is a result of the increased increment of commercial square footage and, most significantly, the Micro Brewery. The Micro-Brewery is proposed to produce a maximum of 7,500 ' barrels of beer per year. Each barrel is 31 gallons. Water needed for the brewing process is estimated to be 6 gallons of water for every gallon of beer produced. Total water required for maximum production per year would be 1,395,000 gallons, or approximately 4.298 acre feet. Of the 1,395,000 gallons, 232,500 gallons would be consumed as product and the remaining 1,162,500 gallons would be returned to the stream through the sanitary sewer system, or in very small. quantities, be discharged into the atmosphere in the form of water vapor. Actual consumptive use at maximum production per year will be 232,500 gallons. It is estimated that the brewing process will occur twice. per ' day, three days per week, 50 weeks. per year. Dividing this number of brew processes into the maximum yearly water demand yields a requirement of 116,250 gallons per month. The Vail ' Valley Consolidated Water District has indicated that they are willing and able to supply the amount of water required through a 1 1/2 inch tap from their domestic water distribution system. The quality of the water in the domestic supply is consistent with that needed to produce a good beer through the micro-brewing process. The Colorado Department of Health requires that chlorine be added to public water supplies for disinfection and that a residual amount be measurable at the tap of an end user. This chlorine residual must be removed prior to water entering ' into the brewing process. Removal of chlorine is a very simple process and can be ' accomplished by filtering through charcoal. Ozonation may be desirable after filtration just to add a little more "sparkle" to the water and further reduce the taste and color. At the end of the brewing process, there are basically two waste products which need to be disposed. One is a solid product u 35 ' consisting primarily of spent grains. These solids are strained or filtered off and dewatered by equipment contained within the brewery. They are collected in a hopper and routinely trucked ' out and sold for a beneficial use such as cattle feed. The second waste product is water. It is proposed that the 1,162,500 gallons per year, or 96,875 gallons per month will be ' required to be treated by the Upper Eagle Valley Consolidated Sanitation District. The District has indicated they are willing and able to serve through a tap into their central collection• ' system at the brewery. One concern is that large volumes of wastewater not be discharged ' during short periods of time, especially during peaks. Considering again that the brewing process will occur twice -per day, three days per week, 50 weeks per year, 3,785 gallons of ' wastewater will be released during and after each brewing process. The release is not immediate. Eighty percent of that water is used for clean up and is released throughout the brewing process which takes approximately four hours. The remaining ' twenty percent comes from the draining of the brewing equipment itself in approximately ninety .minutes. Clean up water would then enter the sewage system at the rate of 12.92 gallons per ' minute and wastewater would enter at the rate of 8.61 gallons per minute. Both discharges occurring simultaneously would amount to 21.5 gallons per minute, a rate that can be easily absorbed by the District at any time of day. ' The second concern is the Biological Oxygen Demand, or BOD, of the wastewater. BOD is a measurement of the strength of the wastewater and, therefore, a measurement of the magnitude of the treatment required prior to releasing back into the stream. In the-Vail area, 250 milligrams per liter of BOD is considered ' average strength. Effluent from a micro brewery is normally less than 250 milligrams per liter and needs no pre-treatment or additional treatment by the District. ' In areas where sewage treatment districts are affected by industrial waste dischargers, a monitoring program is normally set up. On a routine but unannounced basis, the district will ' sample the discharger and if the measured BOD is above a pre-agreed threshold, a surcharge for excess treatment will be assessed until further sampling shows BOD has dropped back below ' the threshold. Even though micro breweries discharge less than 250 mgl of BOD, they are normally classified as an industrial discharger by most districts and are subject to a monitoring program. The Upper Eagle Valley Consolidated Sanitation District ' may want to require a manhole on the brewery sewer service line so that they can sample BOD. ' 36 1 ATMOSPHERIC CONDITIONS Atmospheric conditions will be impacted as a result of the ' incremental changes proposed due to increased fireplace emissions and the Micro-Brewery operation. The current SDD allows that a maximum of 134 fireplaces can be constructed within the development, but in dwelling units only. 38 dwelling units have been constructed within Cascade Village, all with fireplaces. Therefore 96 additional fireplaces are permitted to be constructed within remaining dwelling units. The developer is proposing that both residential and transient ' residential units be permitted to have one wood burning fireplace each. Under all three development alternatives this would result in additional fireplaces within Cascade Village and an increase ' in the existing air pollution problem within Vail during periods of inversion at peak times of usage. According to the information provided by the developer and Town ' of Vail Community Development Department, the following assumptions can be made regarding anticipated fireplace emissions: ' - The average use of a fireplace is 3.5 hours, when used. - Approximately 16.5 pounds of wood will be burned per ' ~ hour, per fireplace. - Approximately 50$ of fireplaces would be in use at any ' one time. - 100$ of the new units constructed will have wood ' burning fireplaces. - Emissions factors per ton of wood burned are estimated to be: ' 1) 37.79 lbs. of available particulate matter 2) 146.6 lbs. of carbon monoxide gases 3) 1 lb. of Nitrogen Oxides ' 4) 5 lbs. of Hydrocarbons ' 37 ' Table No. 4 summarizes the estimated emissions attributable to the increased increment of fireplaces proposed as a result of each of the three alternatives. Fireplace emissions will ' increase as a result of the proposal and will, during times of peak use contribute to air pollution with the Gore Valley. ' TABLE 4 ESTIMATED QUAPITITIES OF POLLUTANTS FROM INCREASE OF FIREPLACES (IN POUNDS PER DAY) ' NU~iBER OF ADDITIONAL FIRE PLACES IN EXCESS FIREPLACES IN OPERATION CARBOtJ NITROGEN HYDRO OF 96 ALLOWED AT ANY ONE TIME PARTICULATES MONOXIDE .OXIDES CARBONS ,ALTEPNATIVE #1 19 8 8.72 33.8 ALTERNATIVE #2 64 32 34.9 135.5 ALTERNATIVE #3 61 31 33.8 131.3 ' SOURCE: Emission Factors were provided by Ms. Susan Scanlon, Community Development Department, Town of Vail 3 ~i 0.23 1.15 0.92 4.6 0.89 4.45 1 1 There has not been much research done in the Vail Valley regarding wind and weather patterns. There is, however, information available at the Eagle County Airport and at Patrol Headquarters (PHQ) on top of Vail Mountain that can be extrapolated to generally describe wind patterns at the Vail Brewery site. The City of Aspen has also done extensive study on their inversion characteristics of which may also be useful for studying the expected emissions from the Micro-Brewery. In comparing the data available at the airport and at PHQ, it ' would be consistent to say that winds are calm for approximately 45 percent of the time. These are surface winds with measured velocities ranging from 0 to 4 miles per hour. For approximately ' 30 percent of the time, wind velocities measure from 4 to 15 miles per hour and are fairly evenly divided from an easterly or a westerly direction. Wind gusts ranging up to 30 miles per hour or above from almost any direction can be experienced throughout the remainder of the year. For the Vail Brewery site, the assumption can be made that ' surface winds are normally calm with light currents moving up or down the valley in an easterly or westerly direction. Moderate winds of up to 15 miles per hour could also be predicted to flow up or down the valley with the predominance being from the west. Emissions from the Brewery stack would be carried out of Cascade Village up the forested hillside to the East or out across the ' Interstate 70 corridor to the west. During the winter months•temperature inversions may occur in the Vail Valley. The best information indicates that a strong inversion that sets up well and continues through the night could occur from 6 to 12 times per year. ' Again, there have been no specific studies done in Vail relating to duration or strength. The Aspen studies indicate that an inversion will start to build as soon as sunlight clears the ' valley floor. The inversion builds rather rapidly. With no measurable winds, the•flow of air out of the Vail Valley •would be down in a westerly direction. ' To be more specific, an inversion, if it is going to occur, would begin to build around 3:30 in the afternoon and be fully developed in approximately two hours. It would continue through the night, start to clear out around 8:00 in the morning and would be totally dissipated in approximately one and one half hours: ' 39 1 In discussion with various agencies in Boulder where a micro brewery exists, there have never been complaints registered regarding stack emissions. Odors are similar to those of baking bread because of the yeast and are very weak. With a boiler stack designed as an archite ctural e lement of the building at a height of surrounding ridge lines and care not to begin a brewing ' process during an identified temperature inversion, emissions from the brewery should go undetected. ' GEOLOGIC CONDITIONS No impacts are expected to result from the proposed amendments ' with regard to land forms, slope and soil characteristics, or potential geologic hazards. BIOTIC CONDITIONS No impacts are expected to result from the proposed amendments ' with regard to vegetative characteristics of the site or wildlife habitat. NOISE IMPACTS Noise associated with the proposed Master Plan revisions can be expected to be those associated with the Micro-Brewery operation. The major sources of noise are anticipated to be the bottling phase of operations and the process of loading and delivery of kegs, .bottles, and other brewery supplies as well as the pick-up of the solid waste which results as a by-product of the brewing process. t The bottling operation, as indicated in the Lower Level Floor Plan for the Micro-Brewery, Figure 14, is proposed to be totally enclosed and, therefore, will not produce noise external to the ' building. Loading and delivery to the brewing facility has been very carefully designed and planned to be totally functional and also to minimize impacts upon the Frontage Road. As indicated upon the Upper Level Floor Plan for the Micro-Brewery, Figure 16, the loading dock area is within the envelope of the building and has large operable sound proof doors which will be closed before, during, and after loading operations to eliminate any potential noise problems resulting from either delivery of supplies or pick-up of product and solid waste. ' 40 ' VISUAL CONDITIONS The proposed amendments will not result in any significant ' changes of the visual conditions anticipated for the site upon full project completion. As initially planned, the architectural character of the site is being comprehensively formulated in order to achieve a compatible and complimentary relationship among the individual buildings within the overall development. While some minor variations exist in building heights proposed from those currently permitted by the Special Development District Regulations, the impact of the changes is very minor and does not result in any negative impacts upon adjacent properties. ' The redevelopment of the Glen Lyon Office Building will significantly upgrade the architectural character of the site and will integrate the overall theme and character of the entire ' Cascade Village to include Area D. As can be seen in Figure 17, Entry Perspective, the architectural and landscape treatment of the site upon completion will provide a very pleasing visual experience and will be constructed to a very high level of quality. -SDD4 is not located within any designated view corridor of the ' Town of Vail. LAND USE CONDITIONS ' The proposed adjustment to the amount of commercial square footage within SDD4 is compatible with the other proposed uses within the immediate area and Vail's Land Use Plan. ' Vail Land Use Plan: The proposed amendments to SDD4 are consistent with many of the goals of the Vail Land Use Plan. Generally, the proposed special attraction use and ski related accessory commercial uses accomplish the overall goals of strengthening the balance of uses within the community, improving and increasing base skier ' facilities to keep pace with mountain expansion and improving and enhancing year-round tourism. Specifically, the proposal meets the following goals of the Land Use Plan: 41 .~ ''~C~~~ ~~ ~~ \ ~~\ ~J Ii ~'~~ ~' ,/ ~.'J ,~i, r - ~ ~ ,~ ~, ~~~r~ f l'" ~i ~~, ~ ~ ~~~ ~ , '+/J ~, `~ 1 ; r t r . T ,, J,~- "~ s-, r :.~.; ~ ~.,. f ;, r n, p,, ' ' ~ Sa ,~~ '~'f~ ., , s. ' ' a, ~ 1 t , ~~ i ;~, ~,. ,.-~ co c i View Looking South onto Westhaven Drive from Frontage Road v C 1. General Growth Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail Should accommodate most of the additional growth in existing developed areas (infill areas). 2. SkierfTourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.2 The ski area owner, the business community and the Town leaders shouid work together closely to make existing facilities and the Town function more efficiently. 2.3 The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. 2.4 The community should improve summer recreational and cultural opportunities to encourage summer tourism. 2.5 The community should improve non-skier recreational options to improve year-round tourism. 3. Commercial ^ 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor ' needs. 3.5 Entertainment oriented businesses and cultural activities should be encouraged in the core areas to create diversity. More night time businesses, on-going events and sanctioned "street happenings" should be encouraged. 43 1 CIRCULATION AND TRANSPORTATION Traffic Traffic volumes and traffic flow patterns for Cascade Village have been analyzed and identified and as a result of the analysis it has been determined that a modified design is desirable for the South Frontage Road/Westhaven Drive intersection in order to maintain an acceptable level of service at that intersection. The modified intersection design involves the installation of ' channelization to provide a separate left turn lane for westbound traffic on the South Frontage. Road. It also includes an acceleration lane for vehicles turning left from Westhaven Drive onto the South Frontage Road. Coupled with the intersection modifications the travel speed for the South Frontage Road has been recommended to be reduced to 35 miles per hour from 45 miles ' per hour. The recommended intersection modifications and reduced speed limit have been reviewed and approved by both the Town of Vail and State Highway Department and construction of the improvements is almost complete.. In addition to this improvement, the access . to .Development Area D is proposed to move east .upon the site in a location exactly opposite to the Vail Professional Building access. This has been viewed with a favorable reaction by the State Highway Department due. to the positive aspect of consolidating this access point. A drop off and loading and 1 delivery bay will be located upon the western portion of the site and the distance between these two points of access for Area D .exceeds State Highway Department minimum spacing standards. Transit Service Needs The installation of a transit facility has been included within the revised Master Plan for Cascade Village due to the current demands and those that will be generated by the development, most specifically the new Cascade Chairlift. The proposed transit facility, which has been reviewed and approved by the Town of Vail Public Works Department, is currently under construction. The facility is located south of the South Frontage Road on Westhaven Drive and is designed as a circular driveway with three separate loading/unloading areas to I serve buses making stops at Cascade Village. The Town of Vail bus and Beaver. Creek bus will each have their own designated stops, while the shuttle buses from nearby hotels and condominiums, which comprise the secondary demand, will share the ' use of two smaller bus stops. The daily arrival and departure 44 schedules of the shuttle buses utilizing the transit facility will be assigned in order to provide coordinated transit service. Control of all vehicular access to the transit facility may be coordinated by a traffic attendant during peak periods to regulate the waiting times of both the shuttle buses and automobiles if necessary. Access to the stop serving the Town of Vail bus will be controlled by electronic gates. Loading and Delivery Loading and delivery aspects of the development will be affected by-the additional commercial uses proposed with the additional uses resulting in increased loading and delivery activity upon the site. The proposed Micro-Brewery will provide the greatest need for increased loading and delivery and, as described previously, this activity will be accommodated within an enclosed loading area within the building and accessed from the Frontage Road. Delivery to the Micro-Brewery operation will consist of the raw materials required in the brewing process, delivery of bottles and kegs, and removal of solid waste produced as a by-product of the brewing process. Raw materials required during the brewing process consist of malted barley, hops and yeast. It is estimated that based upon brewing 7,500 barrels per year the amount of malted barley required will be 240,000 lbs. annually. This will be delivered ' in bulk to a location off site and then delivered onto the site via a small vehicle, most likely a pick-up truck, upon each brewing day, packaged in 100 pound bags, 5 - 6 times per year. ' Hops, in 50 pound bags, are delivered three times per year and put into dry storage within the building. It is estimated that 7,500 lbs. of hops will be required per year (1 lbs. of hops per barrel of beer). The amount of yeast required is very small and ' is delivered once per year. The beer will be bottled at the brewery and it is estimated that between 10,000 to 15,000 cases will be bottled per year. Bottle storage will be off site in a location outside of Vail and a weekly supply of empty bottles will be delivered to the site once per month in a 22' brewery vehicle. Both keg and bottle delivery to the Front Range Markets are anticipated to be made by regional distributors already in the area making other types of deliveries and it is anticipated that they would stop at a location off site to make pick-ups and deliveries. Distribution to Eagle County 45 i locations would occur also from an off site location. No tractor- trailer size vehicles will be allowed to pickup or deliver on site. During the brewing process, the malted barley is crushed between steel rollers and steeped in hot water for several hours in a process called mashing. After mashing, the spent grain is ' discarded and the remaining liquid, called the wort is boiled. Hops are then added and after boiling, the wort is cooled and the yeast added to begin fermentation. When the fermentation is over, the beer is filtered through a filtering system to "clear" the beer and remove the yeast. ' The amount of waste produced during the final filtering process is minimal and can be discarded into the normal trash removal. The spent grain, however, amounts to a significant amount of waste and will be removed from the site each brewing day which is approximately three times per week. Each brew produces approximately 100 cubic feet of waste. Two brews on a brewing day will require a 7 yard capacity to remove the waste, which is sold to ranchers for feed. This is anticipated to be accommodated by a brewery owned trailer the size of a small dump truck. Loading and delivery to the Cornerstone Building will be via- an enclosed loading dock and off of Westhaven Drive. Parkins Parking for Development Area A of SDD4 will be provided for in a variety of locations, both on site for the totally residential elements of the project and in the large common structures for others. Westhaven Condominiums, and Millrace Condominiums Phases ' III and IV are proposed to provide on site parking equivalent to two spaces per unit. The only exception would be the alternative which has Millrace Phase III as an additional 32 accommodation units added to the Westin. In this plan the required 26 spaces for this site would be accommodated within the Cascade Parking Structure. In addition to the existing Cascade Parking Structure which contains 421 spaces another parking structure containing at least 144 spaces will be constructed upon the Waterford Site. This will bring the total number of structured spaces within Development Area A to to at least 565 spaces. These structures are intended to provide the parking needs of the Westin, CMC Building, Conference Center, Cascade Club, Cornerstone Building ~ ~~ 1 1 and Waterford. The existing projects require a total demand of 412 spaces, in cluding 125 spaces that are provided for the general public in accordance with an agreement with the U.S. Forest Service total includes relating to the Cascade Ski Lift. This 9 spaces provided for Meeting Room 2J co 412 space nverted to commercial use. Therefore at least 153 spaces will exist to _ accommodate the proposed alternative development plans. ^ The developer has proposed that a shared use credit of 17.5$ be applied to the total parking requirement for these uses due to the overlap of parking needs within a mixed use development of this type. Recent studies by the Urban Land Institute address the issue of shared parking in mixed use developments. Findings show that individual land use parking requirements .are not. additive for this type of development and common sense would indicate that it is unlikely that 100$ of the people parking. within the project would be utilizing only one use within the project. When calculating parking demand it is helpful to review the development using a "worst - case" scenario. Alternative 2 ' contains the combination of uses which has the greatest structured parking demand due to the number of AU/TR's. As indicated in Table 4, the total structured parking required would equal 649 spaces. This would mean that an additional 84 spaces would have to be provided if th is alternative constructed. 1 The developer has indicated that the necessary parking supply will be provided on site and will meet projected parking demand. Depending upon which development scenario is finally selected either additional parking will be provided or square footages adjusted to accommodate the parking demand in accordance with the above calculations. Parking demand has been analyzed for Development Area D (see Appendix for full report) and requirements for the proposed uses are shown in Table 6. The calculations show that the parking ' requirement for Area D is 108 spaces per the Town of Vail Zoning Regulations. The study prepared indicates that a supply of 92 spaces would be adequate for meeting peak demand created by the uses proposed for the site. It is intended that. 108 spaces be provided to meet these projected parking demands for Area D. The SDD currently requires that on site parking be provided for common carriers providing charter service to the development. Due to a number of different factors such as noise, odor, and the generally incompatible use, the developer is proposing that this provision be eliminated. The design of the Transit Mall allows 47 u buses to drop off passengers at that location and then proceed to the charter bus parking at the Lionshead Parking Structure. The bus would then return for passenger pick-up at the Transit Mall location. It is felt that it would be best to confine the bus parking to an already established area that can readily accommodate charter buses than to create a new area for this use when the Transit Mall allows for very convenient pick up and drop 1 off. r ii i i~J 7 C 48 1 ' TABLE 5 MAXIMUM PARKING REQUIRED - AREA A 1 RESIDENTIAL AU TR DU COMM STRUC. ON SITE ' Cornerstone 50 48.1 Waterford 75 75 Westhaven 24 48 ' Millrace III 3 6 Millrace IV 32 26.8 ' COMMERCIAL Cornerstone 29,065 166 .Waterford 3,800 Room 2J Theatre 1,387 12.7 11.5 C.Club Wellness Center 4,500 22.5 Plaza Bldg. Office* .7 TOTAL 63 54 157 27 38,752 .3 3 *Plaza space has already been c ounted as commercial. The ' parking requirement is based on the difference between office and retail parking requi rements. The proiect's parking has been calcu lated using all of the standard parking requirements. All accessory hotel and ski uses have been required to provide the fu ll amount of parking. ' *All parking for Cornerstone, Waterford, and Millrace IV (AU Plan will be structured. ' STRUCTURED PARKING CALCULATIONS Existing Required Parking 422 Spaces ' Proposed Required Parking (maximum) 364 TOTAL 786 17 5$ C dit - 13 75 . re . TOTAL REQUIRED PARKING 649 Spaces Existing parking structure 421 Spaces Proposed parking structure 228 ' Required parking 649 Spaces ' 49 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TABLE 6 DEVELOPMENT AREA D - CASCADE VILLAGE: Parking Demand Calculation: PARKING CATEGORY SO•FT• SEATS REQUIREMENT Office 15,850 NA 63 Beer Hall 1,774 184 23 Brew Pub 1,621 120 15 Retail 446 NA 1.4 Residential* 2,900 ~ NA 6 TOTAL 108.4 *In lieu of the 2900 sq.ft. of residential, 1500 sq.ft. of office may be constructed. The parking requirement for this amount of space would equal the 6 spaces shown for residential use. So POPULATION CHARACTERISTICS: The special attraction use skier related accessory commercial ' uses and Micro-Brewery use will result in the need for additional employees within Cascade Village. .' The Micro-Brewery will require the following full time equivalent employees: Full-Time Equivalent ' Function Empl o}~ees Brewery Administration 6 Brewery Operation 3 - 5 Brew Pub, Banquet Facility 40 TOTAL 49 - 51 The skier related uses will also generate additional employees. ' The ticket office, ski school, and locker facilities are expected to generate 10 - 20 employees during ski season and would most likely vary throughout the day during ski season. The special ' .attraction use depending upon its ultimate use and layout might be expected to generate anywhere from 5 to 6 additional employees... ' Based upon these projections it appears that the. additional employees required due to the proposed amendments could be estimated to be between 64 and 77. ' The current SDD contains a provision that states "on a yearly basis a contractual agreement between the employer and the ' developer showing evidence of employee housing that is satisfactory to the Town of Vail shall be made available to the Department of Community Development". ' Currently the Westin Hotel, the major employer with approximately 185 full time equivalent employees, has human resource personnel` to assist their employees arrange for housing. There has. been no problem housing employees and they do not foresee a problem with housing the employees that will be added as a result of the recent Terrace Wing Addition. The developer has proposed that the provision stated above be deleted from the SDD Ordinance and that the needs for employee hbusing continue to be monitored and provided for by the private ' sector county-wide. The developer has indicated a willingness to 51 1 1 participate on a type of Employers Council to address the on-going need to provide affordable housing for employees. It is felt that the provisions of all employee housing on site is incompatible with the nature of the development and not desirable from a management standpoint. Long term rental housing is available for middle management employees within the immediate area. Other employ housing off site by resource personnel at continue. A commitment has been employee units at the ses are typically assisted with finding employers and entities such as the human the Westin and this practice is intended to made by the developer to provide 10 on site Town of Vail's request. These units will be constructed either in Development Area A or D. ii CI! ri n 52 ' SECTION THREE - APPENDICES i 1 1 53 INC ' Engineering Consultants 953 So. Frontage Rd. West, Suite 202 Vail, Colorado 81657 303/476-6340 November 22, 1988 Mr. Peter Jamar ' Jamar Associates 108 S. Frontage Rd. West Vail, CO 81657 ' RE: Proposed Vail Brewery Environmental Engineering Services Dear Peter: ' In May 1988, RBD, Inc., prepared an Environmental Engineering Report for the proposed Vail Brewery.. Part of that report. dealt with water use and sewage discharge. The report was based on a production of 5,000 barrels of beer per year. The presentations being made to the various review agencies talk about a 7,500 barrel per year production. This letter is to revise our original report to reflect 7,500 barrels per year. ' Total water required for 7,500 barrels per year at 31 gallons per barrel and 6 gallons of water per one gallon of beer is 1,395,000 gallons, or 4.28 acre feet. Of that, 232,500 would be consumed as ' product and the remaining 1,162,500 would return to the stream through the sanitary-sewer system or, in very small quantities, be discharged into the atmosphere in the form of water vapor. Actual consumptive use of maximum production per year will be 232,500 gallons of product or ' approximately 0.71 acre feet. It is estimated that the brewing process will occur twice per day, three days per week, 50 weeks per year. Dividing this number of brew processes into the maximum yearly water ' demand yields a requirement of 9,300 gallons of water needing to be delivered on brewing days or 111,600 gallons per month. ' To put this in perspective, an average family of four, whose per-capita-day consumption is between 100 and 150 gallons, uses 146,000 to 219,000 gallons per year. The brewery's actual maximum consumption use would then be approximately one to one and one-half the average use ' of a family of four. The Vail Valley Consolidated Water District has Other Offices: Fort Collins, Colorado 3031226-4955 • Colorado Springs, Colorado 719/5743504 re-emphasized their ability to supply this amount of water to the Vail Brewery. The proposal will return 1,162,500 gallons per year, or 96,875 gallons per month through the sanity sewer system. The Upper Eagle Valley Consolidated Sanitation District has also re-emphasized their ability to serve through a tap into their central collection and treatment system. One concern is that large volumes of wastewater not be discharged during short periods of time, especially during peaks. Considering again that the brewing process will occur twice per day, three days per week, 50 weeks per year, 3,875 gallons of wastewater will be released during and after each brewing process. The release is not immediate. Eighty percent of that water is used for clean up and is released throughout the brewing process which takes approximately four hours. The remaining twenty percent comes from the draining of the brewing equipment itself in approximately ninety minutes. Clean up water would then enter the sewage system at the rate of 12.92 gallons per minute and wastewater would enter at the rate of 8.61 gallons per minute. Both discharges occurring simultaneously would amount to 21.53 gallons per minute. To put the discharge figure in perspective, it is equivalent to 5 or 6 toilets flushing, a rate that can be easily absorbed by the District at any time of day. Should you need any additional information or clarification, please contact me. Very truly yours, RBD, Inc. V Kent R. Rose, P.E. Project Manager ~~PIC Engineering Consultants 953 So. Frontage Rd. West, Suite 202 Vail, Colorado 81657 ' 303/476-6340 May 17, 1988 e Mr. Peter Jamar . JAMAR ASSOCIATES 108 S. Frontage Road W. Vail, CO 81657 , RE: PROPOSED YAIL BREWERY ENVIRONMENTAL ENGINEERING SERVICES Dear Peter• .Enclosed herewith pis, the~'in~formation requested for the above-referenced~~ f~', ~ project.' 'The_basi'c.report~°covers.:;,the effects the proposed Vail Brewery t ~ ~ ~~'~,would-haveontheswatew~rand.~sani~tation~'districts~serving the Valley as.,well;, sl~,~,, >~ x as~~;~~ some ° di scussi on regards ng°°='emi ssi ons ~-.into the atmosphere. ~ ~~ ~~ ~` ~~' ~ ; ,r ~ ~~ ~ ~, :; f ~ ~~°~ .. -~~~ _ :Attached to ~'the~ report~,,are ~~vari~ous~charts relating ~to~ -wind and temperature ~ ~ ~ '.~ f ' i Inversi ons, a wi 11 i ngness' to serve better from the Vai 1 Yal l ey ;Consolidated ; ' Water ;District and ~ the Upper Eagle. Val;l ey Consolidated 'Sanitation District 'and a brief summation~'of the comments of the people I talked with in preparation of this report. You will see as you read the report that the proposed Vail Brewery can be easily served by the water and sanitation districts, would have virtually no negative impact on air quality .and, therefore, could be a~good addition 1 to the neighborhood pending a favorable conclusion of the other aspects of your environmental assessment. Thank you for allowing us to be of assistance. Very truly yours, RBD, Inc. V Q'~~ 1 Kent R. Rose, P.E. Project Manager Enc. Other Offices: Fort Collins, Colorado 303/226-4955 • Colorado Springs, Colorado 3031574.3504 ENVIRONMENTAL ENGINEERING REPORT FOR THE PROPOSED PAIL BREWERY RBD, INC. ' The Micro-Brewery is proposed to produce a maximum of 5,000 barrels of beer per year. One barrel is 31 gallons. Water needed for the brewing process is estimated to be 6 gallons of water for every gallon of b eer produ ced. Total water required for maximum production per year would be 930,000 gallons, or approximately 2.85 acre feet. Of the 930,000 gallons, 155,000 gallons would be consumed as product .and the remaining 775,000 gallons would be returned to the stream through the sanitary sewer system or, in very small quantities, be discharged into the atmosphere in the form of water vapor. Actual consumptive use at maximum production per year will be ' 155,000 gallons of product or approximately 0.48 acre feet. It is estimated that the brewing process will occur twice per day, three days per week, 52 weeks per year. Dividing this number of brew processes into the maximum yearly water demand yields a requirement of 5,962 gallons of water needing to be delivered on brewing days or 77,506 gallons per month. The Yail Valley Consolidated Water District has indicated that they are willing and able to supply the amount of water required through a 1#-inch tap from their domestic water distribution system. The quality of the water in the domestic supply is consistent with that needed to produce a good- beer through the micro-brewing process. The Colorado Department of Health requires that chlorine be added to public water supplies for disinfection and that a residual amount be measurable at the tap of an end user. This chlorine residual must be removed prior to water entering into the brewing process.. Removal of chlorine is a very simple process and can be accomplished by filtering through charcoal. Ozonation may be desirable after filtration ' just to add a little more "sparkle" to the water and further reduce the taste and color. At the end of the brewing process, there are basically two waste products ' of which need to be disposed. One is a solid product consisting primarily of spent grains. These solids are strained or filtered off and dewatered by equipment contained within the brewery. They are collected in a hopper ' and routinely trucked out in a vehicle the size of a pick-up and sold for a beneficial use such as cattle feed. The second waste product is water. It is proposed that the 775,000 gallons per year, or 64,583 gallons per month will be required to be treated by the Upper Eagle Valley Consolidated Sanitation District. The District has indicated they are willing and able to serve through a tap into their central collection system at the brewery. One concern is that large volumes of wastewater not be discharged during short periods of time, especially during peaks. Considering again that the brewing process will occur twice per day, three days per week, 52 weeks per year, 2,484 gallons of wastewater will be released during and after each brewing process. The release is not immediate. Eighty percent of that water is used for clean up and is released throughout the brewing process which takes approximately four hours. The remaining twenty percent comes from the draining of the brewing equipment itself in approximately ninety minutes. Clean up water would then enter the sewage system at the rate of 8.28 gallons per minute .and wastewater would enter at the rate of 5.52 gallons per minute. Both discharges occuring simultaneously would amount to 13.8 gallons per minute, a rate that can be easily absorbed by the District at any time of day.. The second concern is the Biological Oxygen Demand, or BOD, of the wastewater. BOD is a measurement of the strength of -the wastewater and, therefore, a measurement of the magnitude of the treatment required prior to releasing back into the stream. In the Vail area, 250 milligrams per liter of BOD is considered average strength. Effluent from a micro-brewery is normally less than 250 milligrams per liter and needs no pre-treatment or additinal treatment by the District. In areas where sewage treatment districts are affected by industrial waste ' dischargers, a monitoring program is normally set up. On a routine but unannounced basis, the district will sample the discharger and if the measured BOD is above a preagreed threshold, a surcharge for excess treatment will- be assessed until further sampling shows BOD has dropped a back below the threshold . Even though micro-breweries discharge less than 250 mgl of BOD, they are normally classified as an industrial discharger by most districts and are subject to a monitoring program. The Upper -Eagle Valley Consolidated Sanitation District may want to require a manhole on the brewery sewer service line so that they can sample 80D. There has not been much work done in the Vail Valley regarding wind and weather patterns. There is, however, information available at the Eagle County Airport and at Pa trol Headquarters (PHQ) on top of Yail Mountain that can be extrapolated to generally describe wind patterns at the Vail 1 Brewery site. The City of Aspen has also done extensive study on their inversion characteristics which may also be useful here. ' In comparing the data available at the airport and at PHQ, it would be consistent to say that winds .are calm for approximately 45 percent of the time. There are surface winds with measured velocities ranging from 0 to 4 miles per hour. For approximately 30 percent of the time, wind velocities measure from 4 to 15 miles per hour and are fairly evenly divided from an easterly or a westerly direction. Wind gusts ranging up to 30 miles per hour or above from almost any direction can be experienced throughout the remainder of the year. For the Vail Brewery site, the assumption can be made that surface winds are normally calm with light currents moving up or dawn the valley in an u easterly or westerly direction. Moderate winds of up to 15 miles per hour could also be predicted to flow up or down the valley with the predominance being from the west. Emissions from the Brewery stack would be carried out of Cascade Village up the forested hillside to the East or out across the Interstate 70 corridor to the west. During the winter months temperature inversions may occur in the Vail Yalley. The best information indicates that a strong inversion that sets up well and continues through the night could occur from 6 to 12 times per year. Again, there have been no specific studies done in Vail relating to duration or strength. The Aspen studies indicate that an inversion will ' start to build as soon as sunlight clears the valley floor. The inversion builds rather rapidly, and continues through the night until sunlight begins to re-enter the valley. The inversion then dissipates rather ' rapidly with the warming of the ground. With no measurable winds, the flow of air out of the Vail Valley would be down in a westerly direction. To be more specific, an inversion, if it is going to occur, would begin to t build around 3:30 in the afternoon and be fully developed in approximately two hours. It would continue through the night, start to clear out around 8:00 in the morning, and would be totally dissipated in approximately one and one half hours. In discussions with various agencies in Boulder where a micro-brewery exists, there have never been complaints registered regarding stack emissions. Odors are similar to those of baking bread because of the yeast and are very weak. With a brewery stack designed as an architectural element of the building at a height of surrounding ridge lines and care not to begin a brewing process during an identified temperature inversion, emissions should go undetected. All information available on micro-breweries indicate that the process used is totally different than that of a large scale industrial brewery. The sounds and smells associated with an industrial brewery do not exist. ' Because of this, the fact that the Water and Sanitation Districts can provide service and the minimal emissions into the atmosphere, the proposed Vail Brewery is totally compatible with the Cascade Village neighborhood. 1 1 1 i 1 1 1 1 1 1 1 1 1 1 ~=3 N 360 N ALL WEATHER WIND ROSE EAGLE COUNTY U.S. CLIMATOLOGICAL CENTER R80, INC. Consu~tinq Engineers m w 0 ~- H J Q z Q w V Z TEMPERATURE VS ALTITUDE ASPEN ENVIRONMENTAL HEALTH RBD, INC. Consulting E~9ineera INCREASING TEMPERATURE r r I~ Ir ~ r ' I~ • ~ I~ I~ ~ I~ I~ ® I~ ~ STRENGTH OF TEMPERATURE INVERSION Nov. 13, 1986 .. c a~ v N N N ~ o' d a~ o i~ v N N ~ V ~ d E ~ M a~ ~,,., ... .«.. G ~ N N ~ 7 y v E a. h- E d t- 6 5 4 3 2 0 _2 -3 -4 i n u 3 5 ASPEN ENVIRONMENTAL HEALTH RBD, INC. Consulting Engineers mdnt tam 4am Gam Sam IOam noon 2pm 4pm 6pm 8pm IOpm .Time of Ocy Summary of References: John Coffee Eagle County Flight Service 524-7575 Do not keep records of winds aloft. Keep records of surface winds for a four to five year period. Records have been summarized at one point in time by the Eagle County Engineer when the new runway was being designed. Larry Metternick Eagie County Engineer 949-5257 Provided a Wind Rose for the Eagle County Airport. Brian McCarthy Yail Associates, Inc. 476-5601 Provided weather records kept at PHQ to .look through. Skip Miller Boulder Brewing Company 444-8448 Emissions from the brewery consist of boiler exhaust and water vapor. Emissions are"too small to affect anything." Odors cannot be detected "more than 100 feet away." Located in the center of a light industrial park and office complex_ and have never had a complaint. The only emission is visual - water vapor - and a few people asked what it was when the brewery first started up. Dillution with wash water is the only "pre-treatment" they use before discharging wastewater from the brewing process into the sewage collection system. Solids are filtered off first. The brewery output is 10,000 barrels per year. Ruth Wolcoff Boulder Sanitation District ' 441-3251 Treat the brewery as an industrial waste discharger, therefore requiring a discharge permit and routine monitoring. Surcharge for anything over 230~mg1. Surcharge is $33.22 per 1000 lbs of BOD. BOD mgl times volume equals lbs per day. They normally ignore effluent samples from the brewery because they are so low. One recent sample was 2150 mgl BOD so they are re-sampling to see if the sample was erroneous. George Mathews Boulder County Environmental Health 441-1180 Knows they exist "somewhere in a highly developed. office complex." They need no permits. There has never been a complaint. Rick Bossingham Aspen Environmental Health Department 925-2020 Provided information relating to Aspen temperature inversions. Susan Scanlan Vail Environmental Health Department 476-7000 Stated that Aspen information was characteristic to Vail. Thought that Aspen inversions occurred more regularly than in Vail and were stronger. Thought that inversions in Yail happened anywhere from 6 to 12 times during the winter months. The winter of 1987-88 probably did not experience 6 inversions. 1 UPPER EAGLE VALLEY CONSOLIDATED ~~ WATER AND SANITATION DISTRICTS 846 FOREST ROAD • VAIL. COLORADO 81657 (3031 476-7480 ' August 4, 1988 Andy Norris VAIL BREWERY COMPANY 1000 South Frontage Road West Vail, Colorado 81657 RE: WATER AND SEWER SERVICE FOR PROPOSED BREWERY Dear Mr. Norris: I understand from our meeting of August 3, 1988, that you represent the Vail Brewery Company which is planning a micro-brewery in Development Area "D" of Cascade Village, Vail. As proposed, the brewery is a batch process, using approximately 125,000 gallons per month and requiring a 1-1/2" water tap. Sewage discharge would be free from solids and well below 250 parts per million BOD (biological oxygen ' demand). Based on the above information, the Upper Eagle Valley Consolidated Sanitation ' District and the Vail Valley Consolidated Water District will provide sanitation and domestic water service for the Vail Brewery at our standard tap fee and service fee rates. If sewage effluent BOD exceeds 250 ppm, there would be a service fee adjustment proportionate to the increased loading. Also, if the process discharges large volumes of wastewater during short periods of time, then these releases should be timed during off peak periods, between 10 PM and 6 AM. i If I can be of any further help, please call. Sincerely, /"~ PER EAGLE VALLEY CONSOLIDATED SANITATION DISTRICT ~ ~ ~ ~~>~ David E. Mott General Manager r DEM:ikl 5.33 0 PARTICIPATING DISTRICTS - ARROWHEAD METRO WATER • AVON METRO WATER • BEAVER CREEK METRO WATER • BERRY CREEK METRO CLEAN WATER • EAGLE-VAIL METRO WATER • EDWARDS WATER • LAKE CREEK MEADOWS WATER • UPPER EAGLE VALLEY SANITATION • VAIL VALLEY CONSOLIDATED WATER • VAIL WATER AND SANITATION UPPER EAGLE VALLEY CONSOLIDATED ~~ WATER AND SANITATION DISTRICTS 846 FOREST ROAD • VAIL. COLORADO 81657 130314767480 1 October 26, 1988 Ms. Kristan Pritz Town of Vail 75 South Frontage Road Vail, Colorado 81657 ' RE: Cascade Village Brewery Dear Kristan: ' As per our phone conversation the Vail VAlley Consolidated Water District and the Upper Eagle Valley Consolidated Sanitation District have no problem with the amended production rates for the above mentioned business. It is ' our understanding that the 5,000 barrels stipulated for an annual rate has changed to 7500 barrels annually. At this time both Districts have excess capacities to process water and the additional production of the brewery will not effect our processes. Sincerely, w UPPER EAGLE VALLEY CONSOLIDATED WATER AND SANITATION DISTRICTS Fred S. Haslee~ Engineering Technician PARTICIPATING DISTRICTS - ARROWHEAD METRO WATER • AVON METRO WATER • BEAVER CREEK METRO WATER • BERRY CREEK METRO CLEAN WATER • EAGLE•VAIL METRO WATER • EDWARDS WATER • LAKE CREEK MEADOWS WATER • UPPER EAGLE VALLEY SANITATION • VAIL VALLEY CONSOLIDATED WATER • VAIL WATER AND SANITATION Parking Demand Analysis and Parking Management Plan for the Proposed Vall Brewery/Glen Lyon Office (Cascade Village Development Area D) Vall. Colorado Prepared for Vall Brewery Company 1000 South Frontage Road West Vall. Colorado 81857 Prepared by TDA Colorado Inc. 1155 Sherman Street Denver. Colorado 80203 August 10. 1988 TDA 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Parking Demand Analysis Contents Pa e Introduction .................................. .............. 1 Proposed Project ........................... ................ 1 Parking Demand Parameters ...................................... 2 Peak Parking Demand ................ .......................... 4 Parking Needs ............................................... 6 Parking Management ........................................... 6 Parking Layout .......................................... 6 Day-Skier/Commercial Use .................................. 7 Summary .................................................. 8 Figures Figure 1: Estimated Parking Demand/Supply by Time of Day ............... 5 Tabulations Table 1: Assumed Travel Parameters ............................. 3 Table 2: Estimated Number of Persons and Vehicles Present at Peak Accumulation 6 Table 3: Parking Requirements Per Town Standards ................... 8 1 Proposed VAII. BREWERY/GLEN LYON OFFICE ' Parking Demand Analysis and Parking Management Plan ' Introduction This report describes an analysis of expected parking need for the proposed Vall Brewery. The brewery is proposed as a remodeling/ redevelopment of the existing Glen Lyon office building in Cascade Village along South Frontage Road. This project is described as "Development Area D" in the Cascade Village Development Plan. The 3-story 13.500 ' square foot gross floor azea office building is sited in the western half of the 1.75 acre parcel. A lineaz, single bay, head-in, parking lot extends from the east end of the building 320 feet to the east end of the parcel. The 54-space surface parking area is served by a single two-way access drive from the I-70 frontage road. Entry to the office buffding is at the west end of the lot and along the north face of the building, connected by a ramp walkway to the parking area. The north entrance is about eight feet below the frontage road elevation as the building steps down the slope leading to Gore Creek. Our pazking demand analysis of this unique land use takes into account expected travel and trip making characteristics of Vail Valley visitors and residents. Proposed Project The proposed redevelopment consists of three parts: 1) Anew 16.000 squaze foot guest-oriented microbrewery; 2) Expansion and redesign of the existing office space; 3) Addition of a new 3.000 squaze foot office buffding and 2,000 squaze foot residence at the east end of the pazcel. The microbrewery will feature "European Alpine" dining served banquet style in the evening... The dinner will include live entertainment. Specific uses and attractions wffl be: 0 6,300 sq.ft. brewhouse, azound the clock operating hours 0 200-seat beer hall, 6:00 PM to midnight (1,900 sq.ft.) 0 2,390 sq.ft. limited menu brew pub with 80 table seats (includes seasonal outdoor deck area) and 40 baz seats, 11:00 AM to midnight 0 420 sq.ft. of retail space (brewery related merchandise) 0 825 sq.ft. museum and reception area 0 1,200 sq.ft. administrative offices 0 560 sq.ft. employee lockers 0 1,060 sq.ft. storage. loading dock and circulation 1 ' Elements of the operations and staffing plan that effect parking demand include: 1. The beer hall will operate on a banquet format with advance reserved seating ' or it can be reserved for a group gathering (receptions, award banquets, etc.). 2. 'Typically one dinner show nightly in the beer hall. A second dinner show starting at 9:00 PM may be added during peak winter periods and summer holiday times. 3. Typically, two brewery employees on each of three shifts. ' 4. Fifteen to sixteen food and beverage employees in the beer hall and six in the brew pub through the evening hours. ' 5. Administrative staff of five to six persons, 8:00 AM to 6:00 PM typical work day. ' Parking Demand Parameters On-site parking demand will fluctuate by time of year. For design purposes, we have developed typical "high day" scenarios. i.e. a condition that can be anticipated to accommodate parking needs at all but a few days of the year. From prior experience in Vail and other Colorado destination resort communities, we have developed a range of ' travel behavior indices that reflect typical modes of travel and vehicle occupancy rates by trip maker (employee, resident. day and destination visitors). Table 1 depicts the travel parameters we utilized for summer and winter visitors to the Vail Brewery. For parking demand analysis we are interested in the number of vehicles expected during ' "peak accumulation," i.e. that time of day when the combination of employees and visitors on site will be highest. ' Of rinci al interest is the rtion of visitors and em 1 ees who. will arrive as either a P P Po P oY ' driver or passenger of a parked vehicle. Employees will heavily rely on private autos followed by public transit as their preferred arrival mode. Summer visitors typically exhibit a much higher use of private autos than do winter visitors. Summer visitors often will ' take day trips to and from distant locations. Fewer winter visitors will use a private or rental car as a way of reaching Vail than in the summer. Even those winter destination ' visitors who arrived via auto will often leave their car parked for in-town trips preferring to use the transit system or walk instead. ii 1 ' Table 1 Assumed Travel Parameters ' Proposed Vail Microbrewery Vail, Colorado % By Mode: ' Auto Driver/ Drop Public Courtesy M ode of Arrival Passenger ~ T n i Van Other Total ' a. Employees - Winter 55 10 30 0 5 100 - Summer 55 10 25 0 10 i00 b. Visitors - Winter 47 0 25 20 8 100 - Summer 68 0 12 5 15 100 # Persons/ Auto OccunancX Parked Car a. Employees - Winter 1.3 - Summer 1.1 ' b. Visitors - Winter 3.0 - Summer 2.2 ' Source: TDA based on the following references: 1. The Colorado Skier. 1977-78 Season. University of Colorado. 1978. 2. Asyen/Pitkin County TransitlTSM Alternatives Studv, September, 1978. 3. Idaho Ski StudX. University of Idaho. 1978. 4. Vehicle occupancy counts in Park City, Winter Park and Keystone. ' The Vail Free Shuttle public transit system provides year round service for residents and visitors. The microbrewery site is served by the West Vail South route which travels along ' South Frontage Road connecting Cascade Village, Lionshead Village and the Vail Transportation Center in Vail Village. Site redevelopment will incorporate a bus pull-in for ' an eastbound bus stop. This will augment the existing westbound stop across the road at the Vail Professional Building. The current bus schedule provides hourly service during summer morning and afternoon peak periods. Throughout winter, the service increases to every 45 minutes from 7:00 AM to midnight. A number of lodgings in Vaff provide courtesy vans for transporting their guests to and from local attractions. We anticipate almost half, 45%, of winter visitors will use either public transit or courtesy vans to visit the microbrewery. Summer visitor use of these modes will be considerably less, 17%, due ' to reduced transit service and greater availabllity and reliance on private autos during the summer. u ~ 9 1 ' The site is served by two bikeways--a bike lane alongside eastbound Frontage Road and bikepath along the south side of Gore Creek. An estimated 15% of summer visitors wlll use the bikeways to either walk or bike to the microbrewery. In winter an estimated 8% of the visitors will be "other" as pedestrian or ski-in/ski-out replaces bicycle as the non- vehicular mode of arrival at the microbrewery. Peak Parking Demand By plotting the expected number of visitors and employees that could be at the brewery on atypical busy winter or summer day and then applying the appropriate "parked cad' factor ' for each category, we arrive at the hourly parked vehicle distribution shown in Figure 1. As shown, peak accumulation occurs between 7:00 PM and 8:00 PM. At this time in the evening, all facilities would be open and operating and the number of food and beverage employees present would be at the highest level of the day. Not present during peak accumulation would be administrative staff of the brewery operation and tenants and ' visitors to the relocated office building. Parking demand for the office building will typically be at a maximum in early afternoons, gradually diminishing to just a few spaces ' by 6:00 PM. Office parking need is equivalent to 55 spaces for the proposed use per the town's zoning regulations. We would expect that a block of 50 to 60 spaces will be posted for "tenant and visitor use onl}f' for the combined office space. This restriction would be in ' effect from 8:00 AM to 5:00 PM on weekdays. Maximum brewery parking demand would occur on a busy summer day with an estimated demand for 88 parking spaces. Seventy-six of these spaces would be generated by visitor demand and an estimated 12 spaces used by employees. To afford some level of assurance of finding available spaces without extensive searching, we suggest visitor parking supply should be slightly more than visitor parking demand. Using a parking ' utllity factor of 959U would yield a suggested visitor parking supply of 80 spaces. Adding 12 spaces for employee use at this time of day suggests a total brewery supply of 92 spaces. Parking utilization by time of year is summarized in Table 2. 1 L ~ ' 1 1 t 1 ;' 1 1 1 NOc Figure ] ESTIl~1ATED PARKING DEMAND/SUPPLY BY TIME OF DAY Proposed Va=1 Brewery ,_ 'TD~4 0 10 20 30 40 50 60 70 8.0 90 P A R K I N G SPACE S Table 2 Estimated Number of Persons and Vehicles Present at Peak Accumulation (7:00 PM) Brewery Persons Vehicles Summer Employee 24 12 Visitor 244 76 Total 268 88'" (96%)"~' Winter Employee 24 10 Visitor X04 4~ Total 324 59'" (64%)~' Source: TDA based on estimated hourly accumulation of brewery visitors and employees. 1. See Figure L 2. Utilization, based on 92 space avaffable parking supply. With more winter visitors arriving via public transit and courtesy vans than summer ' visitors, total winter demand would be less--59 spaces. Applying the same utility factor to the 49 visitor spaces in the total would suggest a typical winter day need of 62 spaces. Hence, some excess on-site parking capadty would be available. even after compensating ' for loss due to snow storage, during winter months. - , Parking Needs The 92-space parking supply discussed above could satisfy anticipated on-site (brewery and office building) needs for most typical situations, if the parking is pooled for joint 1 office/brewery use. Fifty-five of the spaces would be earmarked for daytime office use while the remaining 37 spaces would be full time brewery spaces. During evenings and on ' weekends, visitor parking should extend into the vacated office .parking area. Suggestions for managing the proposed parking supply are discussed in the subsequent section. ' Parking Management The provision of 92 parking spaces to jointly serve the proposed microbrewery and ' remodelled Glen Lyon office space should be sufficient for aU but a few situations. To a large extent, these situations can be anticipated because of advance booking requirements. Furthermore. parking layout and operation can greatly facilitate desired use of the pool of on-site parking spaces. ' Parking La,~ut--In all likelihood, atwo-level single bay parking deck will be needed to replace the existing 54-space surface lot. A portion of this deck can be cordoned off to ' serve the daytime needs of the office space. Thirty to forty of the 55 spaces needed for office use could be accessed through a gate controlled lower level of the structure. The ~ s u 1 L r i 0 ii C i remaining office space could be signed for "tenants of Glen Lyon only." During evening hours when these spaces are expected to be needed for microbrewery guests. the gate would be lifted for visitor self parking and the signed areas could be used by car hops as valet spaces. Except for spaces marked as "2-hour visitor spaces.' all other parking stalls would be unsigned except for a blanket restriction against day-skier or other unauthorized use. Da}~Skier/Commercial Use- As shown in Figure 1, daytime use of the parking structure should result in a surplus of 10 to 15 spaces during a typical day in the high winter season. During other winter periods this surplus should be higher--perhaps 20 to 25 spaces as noontime brewery use is somewhat less. These anticipated surplus spaces could be sectioned off and sold to day-skiers between the hours of 8:00 to 10:00 AM or until they are full, whichever comes first. Parking would be prepaid and be good until 5:00 PM. This provision could help distribute day-skiers to the new Cascade Lift and help alleviate congestion at the Lionshead Base. Comparison with Town Zoning Regnirements As a point of reference. we have summed up the individual components of proposed microbrewery floor space per Town of Vail Zoning Requirements. for comparison with our synthesized approach to supply estimation. As shown in Table 3. the sum of the individual parts would specify 101 parking spaces. This compares to the 94 spaces per our analysis (92 spaces for office and brewery plus two residential spaces). The distinction between the two lies in our premise that spaces used by daytime office workers will be used by brewery visitors during the peak evening hours. In essence. we believe the nature of this attraction and its location with easy access to I-70 will generate higher visitor parking demand than the Town's respective standard provides. Conversely. the compatibility of ofllce and microbrewery uses affords an opportunity to manage the proposed structured parking supply effectively for each use. 7 Table S Parking Requirements Per Town Standards Square # of Parking Category F a e Seats Requirements' Office 14,35011' -- 57.4 Beer Hall 1,900. 200 25.0 Brew Pub 2,390 120 15.0 Retail 420 1.4 Residential 2,000 2.0 'TOTAL 100.8 1. Consists of 8,950 sq.ft. of existing remodeled space, 2.400 sq.ft. gained in the extension of the existing 3rd level, . and 3.000 sq.ft. of new construction at the east end of the property. 2. Per Town of Vail Zoning Regulations. Summary Our analysis of the proposed Vail Brewery and remodeled Glen Lyon office space concludes that a 92-parking space supply wlll be sufllcient for typical peak parking needs. As there are no parking standards for aguest-oriented micxobrewery. our analysis considered anticipated employment. visitor capacity and. the seasonal variation in visitation and travel by auto in this destination resort community. Design conditions wlll likely be governed by summer holiday periods ,when employment and visitation could be at capacity and 68 percent of the visitors are estimated to arrive via a parked car. Public transit. courtesy vans and walk/bike would account for the remaining visitor modes of arrival. Peak microbrewery parking demand will occur between 7:00 and 8:00 PM. Daytime office use peaks at about 2:00 PM and by 6:00 PM virtually all office spaces will be vacant. A parking management plan for the required structured parking should be adopted to help ensure adequate parking supply is available to daytime and evening employees and visitors to the Vail Brewery/Glen Lyon Office development in Cascade Village. With one access drive. parking management of the proposed two-level structure should be virtually self- monitored using conventional gate controls. coded cards and signing. 8 1 1 Y r r r r r 17 1 Access Analysis for the Proposed Vail Brewery/Glen Lyon QfSce (Cascade Village Development Area D) Vail. Colorado Prepared for Vail Brewery Company 1000 Sonth Frontage Road West Vail. Colorado 81857 Prepared by TDA Colorado Inc. 1166 Sherman Street Denver. Colorado 80208 September 12. 1988 Revised November 18. 1988 r r r r TD~4 Access Aaslysis Contents Paste Introduction ................................................ 1 Proposed Project ............................................. 1 Eldsting Conditions ............................................ 3 Project Tratl'ic Volumes ......................................... 4 Site Access Design Considerations .................................. 4 Other Access Considerations ...................................... 8 Figures Figure 1 Vicinity Plan ....................................... 2 Figure 2 Estimated Parking Demand ............................. 5 Figure 3 Proposed Site Layout ................................. 6 Figure 4 12ecommended Access Design ............................ 7 List of Tables Table 1 Design Day Vehicle Trip Generation ..... .................. 4 Table A-1 Assumed Travel Parameters ........................... A-1 TDA ~r ~ ~ ~ ~ ~" ~' ~' ice' ~ ~ ~' ~ ~ ~ ~- ~ ~ --- ~~ NORTN 0 1000 feet 1; ~ -[ r; >'a ~ [ '~ L 1 ~:: ; t< ~ 1; p~ JINOr t~ f taw Tnn w.P ~~~•~Ni k%.: ''"•'.:. .... a .:':. . .n. :..:~:i.~n. ..: .. ...'....:.'.. ... .. .'... r;. p, ~o+ [ Town of Vail ,, ,«< ., • t:> ~ ~~ ~:~ I k; ~0+ ~• ~ wtn ~ 1 13, ~ 1 y ' ..uc[ ~' ~ [ ~IOMSM[Ip (~I1 pe t ~ ~ (i1 A~~ ~ _ N .. `~ o, ~ , FUTURE RAMPS '~,~[' ~°,;" cr,~' ®~ v a i 1 ~ ,.. _ ~ V i ,I~1 a [~ ,p. Iag~ BREWERY SITE „~~,«06~ r r.LrrCt ~:~ Yrrr.vr r..r air 1p, i vi _~ 1 I ?3 6p~p !:a "Y 4 ;[ I ~~ £~ VICINITY PLAN ... ~; :I ~J. ~:. ~'~ Vail Brewery Vail, Colorado ~ NN'tM ~! ~.t ~ f ~~ r it y ~ ~ '~ ~x FIGURE 1 I :.y Tne . _r. r r 0 1 r n 1 Elements of the operations and staffing plan that effect travel demand include: 1. The beer hall will operate on a banquet format with advance reserved seating or it can be reserved for a group gathering (receptions. award banquets, etc.). 2. Typically one dinner show nightly in the beer hall. A second dinner show starting at 9:00 PM may be added during peak winter periods and summer holiday times. 3. Typically. -two brewery employees on each of three shifts. 4. Fifteen to sixteen food and beverage employees in the beer hall and six in the brew pub through the evening hours. 5. Administrative staff of flue to six persons, 8:00 AM to 6:00 PM typical work day. Ezisting Conditions South Frontage Road is a two-lane paved roadway with a paved. 10-foot wide-two-way bicycle lane along the south side of the road. Precast concrete wheel stops spaced at regular intervals along the right edge of the eastbound travel lane provide a physical buffer between auto and bicycle travel. Posted speed is 25 mph increasing to 45 mph to the west just beyond the project frontage. The bicycle lane departs from the roadway at the west end of the property. dropping down the slope to crces Gore Creek and join the bike path that continuously runs along the south side of that waterway. South Frontage Road is on a .tangent section along the site frontage. The road curves slightly south to the west to realign with I-70. There are no right or left turn speed change lanes along two-lane. 25 mph South Frontage Road in the one-mile section from Glen Lyon OIIke park east to the Town of Vail Munidpal offices/US Post Ofliee. West of the project. where posted speed increases to 45 mph. speed change lanes recently have been constructed at the Cascade Village/Westin Hotel access road intersection. There are no distinct "access drives" for the Voliter Building property along the north side of South Frontage Road opposite Glen Lyon Office Building. Vehicles travel in and out of this property at various locations along the frontage. The Vail Professional .Building opposite the east end of the Brewery site does have two distinct unpaved access drives. No recent traffic counts are available along South Frontage Road per Colorado Department of HIghways staff. Access drive sight distance is not affected by roadside vegetation or topography. TYaffic volume estimates were derived from the State Highway Department's I= 70/Main Vail Interchantre Report of December. 1987. Data from this report suggests 1986 March PM peak hour volume in the vicinity of Glen Lyon Office Building would be 350 vehicles eastbound and 500 vehicles westbound. 3 TDA ' Project Traffic Volumes Future traffic volumes at buildout and successful operation at the proposed brewery have been estimated for each land use and activity. These estimates were based on typical ~' employee and winter visitors use of private autos. Appendix Table A illustrates typical travel modes for Cascade Village visitors and employees. ~~ i ~ Figure 2 depicts the. anticipated accumulation of pazked vehicles for the Brewery/office building during the course of typical high winter season (mid-February to Late-March) and I' summer holiday weekend days. Based on these modal choice percentages, seating capacity of the Brewery. antidpated hourly distribution of employee and visitor private auto. truck traffic and average visitor duration of stay, we have estimated the combined brewery/office pazk will generate 820 daily vehicle trips as shown in Table 1. Consistent with the Town of Vail and Colorado Department of Highways I-70 Main Vail Interchange study, late-March volumes represent a likely 40th highest hour design hour volume. Project volumes during the Frontage Road PM peak hour have been estimated to be 67 vehicles trips. Over 70 percent of these trips would be generated by motorists entering and leaving the pazking structure access drive (see Figure 3). Trip distribution is estimated to be 40 percent oriented to the west. 60 percent to the east in consideration of the bed base and commercial concentration to the east. • Table 1 Design Day Vehicle Trip Generation -Vail Brewery/Glen Lyon OfSce Building 4:00-5:00 PM B:OU-7:00 PM H o1 hwav Peak Hour pmtect Peak Hour I2atbC III 4nt Total In 43it Total u Brewery 370 12 8 20 30 31 61 Office 200 4 22 26 3 6 9 Residence 1 Q 1 ~. ~ ~. ~, ~ Subtotal 580 17 31 48 34 38 72 Porte Cocker Drive Courtesy vans/taxi 150 6 4 10 15 15 30 Valet 70 4 4 8 12 12 24 Truclt` ~ ~ 1 1 ~ ~ ~ ' Subtotal 240 10 9 19 27 27 54 TOTAL 820 27 40 67 61 65 126 a Includes Brewery vehicles and daily food and beverage deliveries. Site Access Design Considerations Figure 4 depicts the recommended access design. Access to the proposed pazking deck Ls shifted about 80 feet east of the current parking access location to align with the existing access to the Vail Professional Building (see Figure 4). Per the State Highway Department Access Code. left turn storage lanes at either access drive would r< be warranted for highway peak hour volumes and posted 25 mph speed. Aright turn deceleration lane at 1 4 TD~4 pi NOC Figure 2 ESTIi+IATED PARKING DEMAND/SUPPLY BY TIME OF DAY Proposed Vail Brewery 5- TDA O 10 20 30 40 50 60 70 sv 9u P A R K I N G S PACE S ~I rn i ~- . -' SITE PLAN $ HIGHWAY P.M. PEAK HOUR TURNING VOLUMES ~. 9REMfERY s. Exlanllo OFFICE euuDlNa q/ YAlL BREWERY CO6IPANY s. oeclc -lUIICINa sa svACES ~ GLEN LYON OFFICE SITE ~. dllouno F~IRlclno so sv~ces pEYELOPMENT AREA D 5. EAST SUILDINd OFFICE s.:oo aF ~ -°__ ` ~_ 1A11STER PLAN CONDDIIINIUIr1 Y.000 SF FIGURE 3 -- TDa ~ 120 350-- 3 9 22 14 ~~ 14 11 _: f - ..~'.' i . \ r ~~-~'.; NOD Y ., .._- ''~ -, `. ~ ' • : :,~~ ' iJ , ' ~ .~, % . ..-... •~ . ~ '' ~ . ~'• I/filL~ /~ihLF~.fS/O/41I~C. ~ .'. ~.~ _ V ,~ 1' _ ~ •~- CpM_ G~J~.I'~ .Exi~f.Ac~esr ~ ~ ~. ~ `;X' '~ ~ • _..: , .:. ~., ,. -. .. .....- .. _. ., ., - .. .. ... ._ ,._ - _. .. ., .. ..._ G~ Rfy _...... :i'" _ :mac • ~ '~ ~ `.i t~' -~ •7 f ~ ' '>~ -- -- _ - "_ - -~, / .`t ••'••••~ TTi'rii•'~•i•i•~ii~•••~ •••iii•• •• •_•~ ••• •• • .... f~UJ'WGt~~~ •'• ,.;. _--~x~~.~trlccZt'7~ ~t~_.r,v • 7 _ r ;• ~y A~tJ .... -~/'~ •~ i Pm,0llec~ fvrk.H ;~ ~ J ScE` ,~ !' - _.. +~d.~., •, •., ~ _ .. D~..k- - - /?' s/ each. ~ `~ ~`, • T/O/l~ r ~~ , - .... \. ' i j r. ~'izcios~d .9~~iutx y ••••••• ~ Bike Lane • RECOMMENDED ACCESS PLAN Vail Brewery A+pR?'H p ]p0 1~ feet Figure 4 Tne ._~ D 1 1 D the parking deck access would be marginally warranted. An acceleration lane for right or left turns out of the parking structure would n~ be warranted. Site topography and town landscaping requirements appear to preclude right turn deceleration lane construction in the space available. Most intersections along South Frontage Road in the 25 mph speed zone do nothave deceleration lanes. Hence. the absence of a decel lane at the parking structure entrance would be compatible with driver expectancy. The new Porte Cocker (front door drop-off lane) would operate as a one way drive--entering from the west and exiting to the east. The left turn DHV. six vehicles. would not warrant a left turn deceleration lane. Right turn speed changes lanes into or out of the Porte cocker drive are not warranted because of the low design hour volume. Other Access Considerations In reviewing proposed commercial redevelopment of the parcels along the opposite side of South Frontage Road Nail Commercial Center). the Town has developed a plan for consolidating access points and specifying left turn storage lanes at particular locations.. The proposed Porte Cocker Brewery entrance should be included in this access management plan to ensure safe. conventional alignment of opposing left turn opportunities. .Because of the bike lane and side hill slope that starts just beyond to eastbound travelway. any South Frontage Road widening to incorporate future left turn lanes should primarily be accomplished along the nort2z side of the road. Any .widening should be done as a complete project for the entire business district and not as a series of separate. independent projects to avoid a serpentine alignment of the trhough travel lanes. 8 TD~4 1 1 1 1 1 i 1 1 1 I 1 Y 1 1 1 1 Y 1 1 Table A-1 Assumed Travel Parameters Proposed Vail Microbre~very Vail. Colorado By Mod e: Auto Driver/ Drop Public Courtesy Mode of Arrival Passenger ~f nsi Van Other Total a. Employees - Winter 55 10 30 0 5 100 - Summer 55 10 25 0 10 100 b. Visitors - Winter 47 0 25 20 8 100 - Summer 68 0 12 5 15 100 # Persons/ Auto Occu~~y Parked Car a. Employees - Winter 1.3 - Summer 1.1 b. Visitors - Winter 3.0 - Summer 2.2 Source:. TDA based on the following references: 1. die Colorado Skier. 1977-78 Season . University of Colorado,. 1978. 2. Aspen/Firkin Countv Transit/TS M Alter natives Stu~ v. September. 1978. ; 3. Idaho Ski Studv, University of Idaho. 1978. 4. Vehicle occupancy counts in Park City, Winter Park and Keystone. TDA 7/88 A-1 ORDINANCE NO. 39 Series of 1988 AN ORDINANCE AMENDING CHAPTER 16 OF THE VAIL MUNICIPAL CODE TO INCLUDE SECTION 16.20.025, DAILY SPECIAL BOARDS TO ALLOW FOR THE DISPLAY OF DAILY SPECIAL BOARDS UNDER CERTAIN CONDITIONS AND TO DEFINE SAID BOARDS AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town Council wishes to allow the display of daily special boards under certain conditions and in certain locations within the Town of Vail; and WHEREAS, the Town Council finds that daily special boards displayed in a tasteful and aesthetically pleasing manner provide a service appropriate to a resort community; and WHEREAS, guidelines provided within the Town of Vail Sign Code provide for the display of high quality and aesthetically pleasing signage; and WHEREAS, the Design Review Board has unanimously recommended approval of the sign code changes contained herein. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Chapter 16 of the Vail Municipal Code is hereby amended to include Section 16.20.025 as follows. Section 16.20.025 Daily Special Boards Daily Special Boards shall be permitted under the following: A. Purpose - to display the daily specials for a given restaurant. B. Size - no greater than three square feet. C. Height - no part of the daily special board shall extend above six feet from existing grade. D. Number shall be as follows: 1. One daily special board per restaurant shall be permitted. However, if a business has two consumer entrances or distinct, separate pedestrian ways, a second daily special board shall be allowed. E. Location, affixed to approved display box or attached to the front facade of the establishment. F. Design - green or black chalkboard with wooden border. G. Lighting, none. H. Landscaping - no additional landscaping shall be required in addition to landscaping previously required for display boxes. Additional sections as traditional to ordinances. Section 2. If any part, section, subsection, sentence, 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 3. The Town council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. 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. 2 INTRODUCED, READ AND PASSED ON FIRST READING THIS day of 1988, and a public hearing shall be held on this ordinance on the day of .1988 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of 1988. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1988. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk 3 RESOLUTION N0. 46 Series of 1988 A RESOLUTION APPROVING A SERVICE AGREEMENT BETWEEN THE TOWN OF VAIL AND THE VAIL METROPOLITAN RECREATION DISTRICT. WHEREAS, the Town of Vail ("the Town") and the Vail Metropolitan Recreation District ("the District") have provided and presently provide recreational programs and services to the inhabitants and guests of the Town; and WHEREAS, after a long period of discussion and negotiation, it is the desire of both parties to provide for the provision of all such services by the District; and WHEREAS, the Town and the District are authorized by the Constitution and the Statutes of the State of Colorado, including C.R.S. 29-1-203, as amended, to enter into intergovernmental agreements to govern the provision of such services to the inhabitants and visitors of the Town; and WHEREAS, the parties wish to enter into the agreement attached hereto as Exhibit A and made a part hereof by reference providing for the provision of such recreational programs and services by the District to the Town, and setting forth details in regard thereto. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. The service agreement between the Town and the District attached hereto as Exhibit A be hereby approved. 2. The Town Manager be hereby authorized to execute said agreement, and all employees, officers, and agents of the Town of Vail to take all steps necessary to put said agreement into effect. INTRODUCED, READ, APPROVED AND ADOPTED this 20th day of December, 1988. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk TOWN OF VAIL/UAIL METROPOLITAN RECREATION DISTRICT AGREEMENT THIS AGREEMENT is made and entered into this day of , 1988, by and between the TOWN OF VAIL, COLORADO, a Colorado municipal corporation, hereinafter referred to as "the Town," and the UAIL METROPOLITAN RECREATION DISTRICT, a Colorado quasi-municipal corporation, hereinafter referred to as "the District". WHEREAS, the Town and the District provide recreational programs and services to the inhabitants and guests of the Town; and WHEREAS, it is the desire of both parties to provide for the provision of all such services by the District; and WHEREAS, the Town and the District are authorized by the Constitution and Statutes of the State of Colorado, including C.R.S. 29-1-203, as amended, to enter into governmental agreements to govern the provision of such services to the inhabitants and visitors of the Town. NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: 1. PURPOSE It is the general purpose of this Agreement to transfer the management and provision of all recreational services to the inhabitants and visitors of the Town of Vail to the District. It is intended that such a transfer shall be financially neutral to the Town and that all financial benefits and costs will accrue to the District. 2. SERVICES TO BE PROVIDED BY THE DISTRICT The District shall provide to the Town recreational programs and services. Such services and programs shall be of high quality and shall be of sufficient diversity and scope to meet the recreational needs of the inhabitants of the Town and the visitors thereto. 3. REAL PROPERTY AND IMPROVEMENTS THEREON A. The Town grants the District a license to use the following real estate, and improvements thereon set forth below and more particularly described in Exhibit A attached hereto (the Premises): i) John Dobson Ice Arena and Environs ii) Upper Floor of the Old Town Shop, except the Police Weight Room iii) Youth Center iv) Nature Center v) Upper Bench of Ford Park vi) Public Tennis Courts vii) Athletic Field subject to the following terms and conditions: 1) Use of Premises The premises shall be primarily used for recreation programs and services except as otherwise provided for herein. The District shall permit the Town to use the Upper Bench of Ford Park for skier parking during the ski season. The Town, at its sole cost, shall repair any damage to the Park caused by such parking. 2) Utilities The District shall pay all charges for gas, electricity, light, heat, power, and telephone, or other communications services used, rendered, or supplied upon or in connection with said premises and shall indemnify the Town against any liability or damages on account of such charges. -2- 3) Access to the Premises The Town and its agents shall have the right to enter in or on the premises to examine them, to make and perform such alterations, improvements, or additions that the Town may deem necessary or desirable for the safety, improvement, or preservation of the premises. 4) Alterations by the District The District shall make no alterations, additions, or improvements in or to the premises without the Town's prior written consent. All such work shall be performed in a good and workmanlike manner, and all alterations, additions, or improvements upon the premises shall, unless otherwise agreed at the time the Town's consent is obtained or unless the Town requests removal thereof, become the property of the Town. 5) Maintenance and Repairs The District shall take good care of the premises and the fixtures and improvements therein including without limitation, any storefront doors, plateglass windows, heating and air conditioning systems, plumbing, pipes, electrical wiring and conduits, and at its sole cost and expense perform maintenance and make repairs, restorations, or replacements as and when needed to preserve them in good working order and first class condition. The District's obligation for repair and replacement shall include all interior, exterior, nonstructural, ordinary and extraordinary, unforeseen and foreseen repair, snow removal, and rubbish removal, landscaping and lawn care. The Town shall replace all plumbing facilities and equipment installed for the general supply of hot and cold water, heat, air conditioning, and electricity when such replacement is necessary to keep the property and improvements functioning properly, when the cost of the replacement thereof exceeds five thousand dollars ($5,000). The repair, maintenance and replacement of the refrigeration system for the ice surface in the Dobson Ice Arena -3- shall be the sole responsibility and cost of the District. The Town shall not be responsible for the replacement of any equipment damaged by the willful acts or negligence of the District. The District shall develop a maintenance schedule for each respective improvement used pursuant to this Agreement, which schedule shall be subject to the approval of the Town. The District shall keep a log setting forth actual maintenance performed at the Dobson Ice Arena. The log shall be kept in the same manner as presently maintained by the Town prior to the effective date hereof. 6) Assignment This license shall be non-assignable and the District shall not mortgage, hypothecate, or encumber any of the facilities set forth herein without the prior written consent of the Town in each instance. 7) Damage to or Destruction of Premises If any of the licensed premises are damaged by fire or other cause so that they may not be used for the purpose which they were intended and the repair or replacement of such premises shall require substantial cost, the Town may elect not to repair such damage and this license shall automatically terminate as it relates to said damaged or destroyed premises effective as of the giving of .notice by the Town of such election. 8) Injury to Person or Property a) The District covenants and agrees that the Town, its agents, servants and employees shall not at any time or to any extent whatsoever be liable, responsible or in any way accountable for any loss, injury, death or damage to persons or property or otherwise which at any time may arise in connection with the premises or be suffered or sustained by the District, its agents, servants or employees, or by any other person rightfully on the premises for any purpose whatsoever, whether such loss, injury, death or damage shall be caused by or in any way result from or arise out of any act, omission or negligence of the District, its -4- agents, servants or employees or of any occupant, subtenant, visitor or user of any portion of the premises, or shall result from or be caused by any interference with or obstruction of deliveries to the premises by any person or by the loss or destruction by any person of furniture, inventory, valuables, files or any other property kept or stored on or about the premises or by any other matter or thing. unless resulting solely from the negligence or willful misconduct of the Town, its agents, servants or employees. The District shall forever indemnify, defend, hold and save the Town free and harmless of, from and against any and all demands, claims, causes of action, liabilities, losses, damages or judgments on account of any of the foregoing provided that this indemnity shall not extend to damages resulting solely from the negligence or willful misconduct of the Town, its agents, servants or employees. The foregoing obligation to indemnify shall include indemnification to the Town for all costs, expenses and liabilities (including, but not limited to, attorneys fees) incurred by the Town in investigating and defending any of the matters covered hereby. b) The Town, its agents, servants and employees shall not be liable for injury, death or damage which may be sustained by the improvements, betterments, persons, goods, wares, merchandise or property of the District, its agents, servants, employees, invitees or customers or any other person in or about the premises caused by or resulting from fire, explosion, falling plaster, steam, electricity, gas, water, rain or snow, leak or flow of water, rain, or snow from or into part of the building or from the roof, street, subsurface or from any other place or by dampness of from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures of the building or the premises. -5- 9) End of Term Upon the expiration or other termination of this Agreement, the District shall promptly quit and surrender to the Town the premises in good order and first class condition, ordinary wear excepted. The District shall remove such alterations, additions, improvements, fixtures, equipment, and furniture as the Town shall require. 10) Compliance with All Laws and Re ulations The District agrees not to use or permit the premises to be used for any purpose or in any fashion prohibited by the laws of the United States, or the State of Colorado, or the ordinances or regulations of the Town of Vail including the Town's no smoking ordinance, Ordinance No. 11, Series of 1988. B. In addition to the recreational premises set forth in this Agreement, the Town further grants a license to the District to utilize the offices they are presently utilizing at the time of the signing of this Agreement in the Vail Public Library for continued use as office space only, subject to the terms and conditions set forth in Section 3A hereof, except that the District shall not pay utility costs for said offices which costs shall be the responsibility of the Town. The Town further grants the District the right to utilize ( ) parking spaces on the land commonly known as the Mud Lot. The right to use said parking spaces may be terminated by the Town upon the giving of thirty (30) days written notice of such termination to the District. C. The Town currently leases from third parties the following premises for recreational purposes: a) Red Sandstone Gym b) Potpourri Day Camp The Town shall attempt to assign said leases to the District subject to any restriction on assignment contained in said leases. -6- 4. E UIPMENT A. The Town hereby transfers to the District for its use during the term hereof the personal property, equipment, and vehicles set forth in Exhibit B hereof. B. Except as otherwise provided for herein, the District shall furnish and supply all necessary labor, supervision, equipment, motor vehicles, office space, operating and office supplies necessary to provide the Town with the services contemplated hereunder. All equipment and vehicle maintenance costs shall be the sole responsibility of the District. 5. SERVICES PROVIDED BY THE TOWN The Town shall provide 'the District with financial and computer services as set forth in Exhibit C attached hereto and made a part hereof by reference. In addition, the Town shall provide the District with planning services subject to such control and provisions as the Town deems appropriate. The District shall pay no charge for ordinary ongoing day-'to-day planning services, but for services which the Town in its sole discretion deems extraordinary, the District shall pay a rate as shall be agreed upon by the parties on a case by case basis. Throughout the term of this Agreement the Town shall have the right to use the Apple computer located in the District office on the date of execution hereof or any replacement or substitute therefor, at all reasonable timers. 6. HEALTH INSURANCE The District shall be liable for eleven and one-half percent (11.5%) of accrued liabilities of the Town':s health insurance plan existing on December 31, 1987 based on the number of eligible District and Town employees as a percentage of the plan's total eligible employees. 7. CONTROL OF THE JOHN DOB:50N ICE ARENA The parties understand 'the John Dobson Ice Arena is a multi-use facility utilized for both recreation and other purposes by the Town, and further understand -7- the Arena is subject to certain terms and conditions contained in a Deed of Gift between the Town and the Websters, a copy of which is attached to this Agreement as Exhibit D. The District agrees not to violate any of the terms and conditions of said Deed of Gift during the term hereof. The District's use of the Arena pursuant to this Agreement shall be subject to all outstanding agreements between the Town and third parties for or relating to the use of the Arena. The District agrees that during the term hereof the District shall allow the following organizations the right to use the Arena free of charge: - Battle Mountain High School for graduation ceremonies The District agrees to use its best efforts to maximize the use of the Arena for conventions, meetings, conferences, concerts, and other income producing events during the period it is not required to use the Arena for ice skating by the Deed of Gift. During the term of this Agreement, the Town shall have the right to use the Dobson Ice Arena for a total of thirty (30) days during each year of the term hereof for whatever purposes it deems appropriate upon the giving of thirty (30) days written notice of such use to the District. The Town may exercise twenty (20) of said days between March 15 and December 15, and ten (10) of said days between December 15 and March 15. The Town shall be responsible and shall have the right to negotiate all terms and conditions of any activity or event the Town wishes to use the Arena for during said thirty (30) days. The District shall be entitled to receive the gross receipts produced by any such event less all expenses and costs thereof. If the Town makes a good faith decision at a public meeting that the welfare of the Town and its inhabitants requires that the Dobson Arena be utilized entirely for purposes other than recreation, it shall give notice thereof to the District. The District shall have ninety (90) days from the giving of such notice -8- to vacate the premises in accordance with the provisions set forth in paragraph 3A(9) hereof. 8. RECREATION PLAN During the month of February, 1989, at a regular or special meeting of the Town Council of the Town of Vail, and during each subsequent February during the term of this Agreement, the District shall present a recreation plan to the Town Council detailing the District's plans and programs for the forthcoming year. The Town Council shall be given the opportunity to critique the plan and suggest changes in the plan to the District. The District shall give due consideration to all requests of the Town regarding the plan. The District shall base its recreational program for the forthcoming year on said plan. 9. FINANCIAL CONTRIBUTIONS, The Town shall contribute to the District the sum of five hundred twenty-two thousand thirty-three dollars ($522,033) as set forth in Exhibit E hereof for each year during the term of this Agreement to be used by the District exclusively for the provision and development of recreational services, programs, and facilities to the Town. If the Coors Classic is not held within the Town and if the District does not provide Fourth of July youth programs during any year hereof, the contribution of the Town shall be reduced accordingly. This contribution shall be made to the District for each year during the term hereof as follows: A. January - 4% B. February - 2% C. March - 15% D. April - 6% E. May - 6% F. June - 6% G. July - 6% -9- H. August - I. September - J. October - K. November - L. December - No later than two (2) 14% 10% 10% 6% 15°1° years from the date hereof the District will hold an election and submit a mill levy increase to the authorized voters of the District. The mill levy increase shall be sufficient to increase the District's annual tax revenues in an amount equal to the Town's annual contribution provided for in this paragraph. Should the mill levy increase be approved, the Town shall take all steps necessary to reduce its mill levy so its tax revenues are reduced by an amount equivalent to the District's increase. In any year during the term hereof in which the Town decreases its general fund expenditure budget subsequent to January 1 of any fiscal year, the Town's contribution to the District shall be proportionately reduced. In any year in which the Town reduces its budget by decreasing its general fund expenditures five percent (5%) or greater than the expenditures in the previous year's budget due to a fiscal emergency occasioned by severely reduced sales tax revenues or extraordinary expenditures, the Town's contribution to the District shall be proportionately reduced. 10. GOLF, TENNIS, AND SKATING PASSES The Town will be charged by the District at the residential rate in effect at the time for each time a Town employee plays golf or tennis. However, the Town shall not be charged a total amount for any employee in excess of the respective cost then in effect for a resident golf or tennis pass. The District shall provide skating passes for Town employees at no cost. -10- 11. DEBT The Town shall be solely responsible for all debt related to recreation facilities owned by the Town existing on the effective date of this Agreement. All financing for recreational purposes occurring subsequent to the effective date of this Agreement shall be agreed uipon by the Town and the District on a case by case basis. 12. DISTRICT BOUNDARIES The District and the Town will use their best efforts to take whatever steps are necessary to make the boundaries of the District and the Town coterminous. 13. PERSONNEL The Town and the District and their respective officers, agents, and employees shall fully cooperate so as to facilitate the performance of this Agreement. The provision of recreational services and programs as contemplated in this Agreement, the hiring, firing, and discipline of District employees shall be the responsibility of the District. No person employed by the District, in accordance with this Agreement, shall have any right to Town benefits including health insurance and pension. The District, however, may invest pension funds with the Town subject to such conditions as may be established by the Town and permitted by law. The Town shall not be liable for the payment of any salaries, wages, or other compensation to any District personnel performing recreation services pursuant to this Agreement, nor for any obligation of the District other than provided for herein. Nothing herein shall ot~ligate the Town to be liable for the injury or sickness of any District employee arising out of his/her employment. 14. LIABILITY AND INSURANCE: A. The Town, its officers, and employees shall not be deemed to assume any liability for the intentional or negligent acts, errors, or omissions of the District or of any officer, agent, or employee thereof. Likewise, the District, its -11- officers, and employees shall not be deemed to assume any liability for the intentional or negligent acts, errors, or omissions of the Town or of any officer or employee thereof. B. The District agrees to indemnify, defend, and hold harmless, to the extent allowed by law, the Town, its respective agents, officers, servants, and employees of and from-any and all loss, costs, damage, injury, liability, claims, liens, demands, action, and causes of action whatsoever, arising out of or related to the District's intentional or negligent acts, errors, or omissions, or that of its agents, officers, servants, and employees, whether contractual or otherwise. Likewise, the Town agrees to indemnify, defend, and hold harmless, to the extent allowed by law, the District, its respective agents, officers, servants, and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action, and causes of action whatsoever, arising out of or related to the Town's intentional or negligent acts, errors, or omissions, or that of its agents, officers, servants, and employees, whether contractual or otherwise. C. The District and the Town shall respectively provide their own public liability, property damage, and errors and omissions insurance policies sufficient to ensure against all liability, claims, and demands or any other potential liability arising from this Agreement. Further, the District and the Town, respectively, shall name, subject to the approval of each respective party's insurance carriers, the other respective party as a coinsured under such insurance policies and to the extent of any potential liability arising under this Agreement and, upon reasonable written request, shall furnish evidence of the same to the other respective party. In any event, each party respectively shall procure and maintain the minimum in insurance coverages listed below. All coverages shall be continuously maintained to cover all liability claims, demands, and obligations assumed by the parties hereto. In the case of any claims-made policy, the necessary -12- retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. a) Workman's Compensation insurance to cover obligations imposed by applicable laws for any employees engaged in the performance of work under this contract. b) General Liability insurance with minimum combined single limits of one million dollars ($1,000,000) each occurrence and one million dollars ($1,000,000) aggregate. The policy shall be applicable to all premises and operations and shall include coverage for bodily injury, broad form property damage, personal injury, blanket contractual, products, and completed operations. c) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000) each occurrence and one million dollars ($1,000,000) aggregate with respect to each of the parties owned, hired or non-owned vehicles used in the performance of services hereunder. d) Errors and Orriissions insurance with minimum limits of one million dollars ($1,000,000) each claim and one million dollars ($1,000,000) aggregate. e) If the District obtains a liquor license to serve wine., beer, or intoxicating liquors, it shall obtain liquor liability insurance with limits of one million dollars ($1,000,000) each claim and one million dollars ($1,000,000) in the aggregate. Failure of either party hereto to maintain policies providing the required coverages shall constitute a material breach of this contract, upon which the non-breaching party may immediately terminate this Agreement. 15. EFFECTIVE DATE This Agreement shall become effective on the first day of January, 1989. -13- 16. TERMINATION A. Unless sooner terminated as provided for herein, this Agreement shall terminate on December 31, 1994. B. Upon termination of this Agreement as set forth herein, the District's license to use Town real property and all improvements thereon shall cease as provided for in paragraph 3A(9) hereof. In addition, the District shall convey to the Town all equipment, vehicles, and personal property set forth on Exhibit B which had been previously transferred to the District. In the event that any such equipment, property, or vehicles had been replaced by the District, the District shall convey to the Town such replacement. 17. MISCELLANEOUS PROVISIONS A. No modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. B. This written Agreement embodies the whole Agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the Town or the District other than those contained herein. C. This Agreement shall be binding upon the respective parties, their successors or assigns. D. All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid agreement or covenant were not contained herein. E. The District and the Town have represented to each other that each possesses the legal ability to enter into this Agreement. In the event that a court of competent jurisdiction determines that either of the parties did not possess the -14- legal ability to enter into this Agreement, this Agreement shall be considered null and void as of the date of such court determination. F. Any notices to be sent to the parties pursuant to the terms of this Agreement shall be mailed to the following addresses: Town Manager Town of Vail 75 South Frontage Road Vail, CO 81657 Chairman Vail Metropolitan Recreation District 292 West Meadow Drive Vail, CO 81657 G. This Agreement shall not be deemed to confer or grant to any third party any right to claim damages or bring any legal action or claim against either the District or the Town because of any breach hereof or of any covenant, condition, or provision contained herein. IN WITNESS WHEREOF, the Town and the District have executed this lease as of the date first set forth above. TOWN OF VAIL, a Colorado municipal corporation VAIL METROPOLITAN RECREATION DISTRICT, a Colorado quasi-governmental corporation By: Rondall U. Phillips, Town Manager By: Timothy R. Garton, Chairman -15- FYT]TRTT (' FINANCIAL/COMPUTER SERVICES THE TOWN WILL PROVIDE FOR VMRD FOR A FEE PURCHASING AND CASH DISBURSEMENTS Input Claims Print Checks Prepare Hand Checks Prepare Checks for Signing Review Checks and Backup Mail Checks File Checks and Stamp Paid PAYROLL Master File Updates Print and Distribute Time Sheets Time Sheet Preparation Input Time Verify Batch Totals Input Voids and Handwrites Run a Trial Register and Verify Print and Sign Checks Run Reports Maintain Payroll Personnel Files Process Payroll Advances Quarterly Reports Preparation of W-2's CASH RECEIPTS Audit Daily Sheets and General Ledger Posting Ice Arena General Recreation Nature Center Tennis Courts Golf Deposits Make the Bank Deposits (For Recreation and Ice Arena) CASH MANAGEMENT Maintain Cash Ledger Invest Excess Cash Track Interest Income Reconcile Bank Accounts EXHIBIT C PAGE 2 COMPUTER Provide Necessary Computer Time Daily Backups Upgrades to Financial Software System Maintenance Payroll Query into Accounts Payable, Accounts Receivable, and General Ledger OTHER Reconcile any Hotel Advance Deposits Prepare Sales Tax Return Reconcile other General Ledger Accounts Review Month End General Ledger Maintain Fixed Asset Ledger as information is provided by VMRD TOWN OF VAIL FEE Total 1989 fee for these services will be $33,375. The Town will bill VMRD in equal monthly installments of $2,781.25. VMRD is to let the Town know on an annual basis, by mid-July, what financial/computer tasks they want the Town to provide for the next year. The Town will then provide VMRD the next years cost for those services. FINANCIAL/COMPUTER SERVICES VMRD WILL PERFORM FOR THEMSELVES CASH RECEIPTS Receipt Cash Through the Register Close the Register and Prepare Daily Cash Sheet Deliver Cash Daily Collect Bad Checks and Bad Debts EXHIBIT C PAGE 3 PURCHASING CASH DISBURSEMENTS Purchase Order Preparation Print Purchase Orders and Distribute Distribute Mail Obtain Purchase Order Authorization Vouch the Invoices Reconcile Monthly Statements Sign Checks PAYROLL Payroll Audit per FLSA COMPUTER P.C. Maintenance Software Maintenance and Requested Upgrades PURCHASE OF FORMS VMRD is responsible for the procurement and payment of their own payroll and accounts payable checks, time sheets, computer paper and any other necessary forms. ONGOING FINANCIAL/COMPUTER RELATED SERVICES TOV WILL PROVIDE FOR AN ADDITIONAL FEE Financial/computer related services not included in standard fee to VMRD but the Town will provide upon request for a fee of $30 per hour, adjusted annually. Meeting Attendance Financial Planning Budget Control Preparation of Month-end Treasurer's Report Contract Administration Preparation of Annual Budget Audit Preparation Financial and Computer Training Cash Flow Projections Document, Design and Maintain Accounting Systems for Good Internal Control EXHIBIT C PAGE 4 ONE-TIME SERVICES AND PURCHASES The Town will perform these one-time services for VMRD at an hourly rate of $20 plus any direct equipment or service costs. Set up New Accounts with Budget History (1987-1988) Data Transfer Employee Master File Information to VMRD Fixed Assets Set up Independent Cash Receipting System Dot Matrix Printer for Purchase Orders and Receipts Pension Plan Document and Trust Agreement Modifications to Quarterly Benefit Statement-and Reports Personnel Systems and Processes OTHER VMRD will maintain a printer at the recreation offices to: Print Purchase Orders Print Financial Reports Print Daily Cash Reports Do Two Check Runs Per Month VMRD is responsible for all their own procurement of supplies and materials. The pay phones in the Ice Arena and the Teen Center shall continue to exist with the Town per its multi-year agreement with U.5. Transcommunications, Inc. U.5. West pay phones shall remain the responsibility of recreation. If the Town performs VMRD's financial services as described herein, then VMRD agrees to bank at the same bank as the Town. The Town and VMRD may contract together for banking services in order to maximize savings. The Town shall notify the District Manager in a timely manner of any violations of policies or procedures established by the District. The Town Controller shall be notified if any changes are made to policies and procedures established by the District. The Town's accounting staff shall not be held liable for errors and irregularities that may occur if they acted prudently and in conformance with the District's written accounting policies and procedures, or if the District has not provided for written accounting policies and procedures. 12-05-88 Estimate of Costs to Provide Accounting Services for the Proposed Vail Metropolitan Recreation District COMP TOTAL BILL RATE DOLLAR AVERAGE APPLICATION VMRD COMP HOURS HRS FER EMP AMOUNT ANNUAL BILL RATE TASf:S _ TASk:S RQD - PEP. M0. ---- FER M0. ------- PER HOUR --------- F'EP.. M0. -------- P•.ATE PER HOUR ------- --------- Purchasing and Cash Disbursements: F.O. preparation x x 18 Print P.O.s f~ distribute x x 5 Distribute mail x Obtain authorization x Vouch the invoice x Reconcile mo. stints z Input claims x 32 32.60 $13.00 $416 00 4Jrite checks x 1 1.00 $13.00 . $13 60 Hand checks x 10 10.ti0 $13.00 . $13t?. 00 Prepare chks for sig 2.00 . $11.00 $22 00 Sign chec4:s x . F'eview r_hk:s °~c backup 4.00 $22.75 $91 00 Mail chks File checks ~ stamp paid 4.00 $11.00 . $44.00 ------ - 4.00 -------- $11.00 $44.00 66 ------ - 57.G~? --- ---------- $766.00 $9,120.06 $13.33 Payroll: ------ - ----- -------- - - --- ---______ Master, file updates x 3 3.50 $16.25 $56 88 Print °~ distribute time . sheets x 4 3.50 $11.00 $38.50 Time sheet prep x 7 12.00 $11.00 $132 00 Input time x 1 7.U0 $13.60 . $91 00 Verify batch totals x 2 1.50 $16.25 . $24 38 Input voids and handwrites x 1 1.50 $16.25 . $24.38 Run a trial register verify x 1 3.00 $11.00 $33.00 Print & sign chec{;s x .1 3.00 $13.00 $39.00 Run reports x 3 2.00 $11.00 $22 00 Misc duties (Maintain personnel files) x 5.00 $16.25 . $81 25 Process advances x 2.50 $16.25 . $40 63 Quarterly reports z . Prepare W-2's $125. G0 x $75.00 23 44.50 $583.00 $6,956.00 $13.10 Estimate of Costs to Provide Accounting Services f~~r tfie Proposed Vail hletrrpolitan F..ecreation District COMP TOTAL RILL RATE DOLLAR AVERAGE AP'P'LICATION VMRD COMP HOURS HF.S F'EF: EMP AMOUPJT ANNUAL BILL PATE TASKS TASKS ROD FER M0. FER M0. F'ER HOUR PER M0. RATE PER HOUR -------------------------------- ----- ---- ---- ------- --------- -------- ------- --------- Cash receipts: Receipt cash thru the register x 40 Close the register and prepare daily sheet x Deliver cash daily x Collect bad checks x Audit daily sheets °~ post G.L. Ice arena x 8 15.00 $11.00 8165.00 Gen Rec x 8 5.00 $11.00 855.00 Nature center x 3 3.00 $11.00 833.00 Tennis courts x 4 3.75 $11.00 $41.25 Golf deposits x 5 5.50 $11.00 860.50 Make the bank deposit 20.00 813.Oc) 8260.00 68 ------ 52.25 --------- $614.75 ---------- 87,377.00 $11.77 Cash management: ------ --------- ---------- Maintain cash ledger 5.00 813.00 $65.00 Invest excess cash 1.00 822.75 822.75 Track interest income 1.00 813.00 813.U0 Reconcile hank accts 4.00 813.00 852.00 F.eveiw bank rec's 0.50 822.75 811.33 11.50 --------- 8164.13 ---------- 81,969.50 814.27 Other accounting activities ------- - ---- - ---------- ---------- Recc~ncile hotel advance deposits 0.50 816.25 88.13 Prepare sales tax return 1.00 816.25 816.25 P.ecancile other G.L. accts 2.U0 816.25 832.50 Financial reports x 2 1.00 $11.00 811.00 Review general ledger 1.50 822.75 834.13 Maintain fixed asset records x 2 ----- 2.00 813.00 826.00 ---------- - 4 ------ ------ 8128.00 ---------- ---------- 81,536.00 Total computer hours 161 81.75 8281.75 83,331.40 Total computer maintenance (% of Actual Costs) 8200.00 82,400.00 Pension administration (% of Actual Cos ts) 8395.1'0 833,374.50 l f -~~ `- ~ t' ... ' , V' ~ EXHIBIT D •i DEED OF GIFT ANIS AGREEMENT THIS AGREEP•SENT made this ~ day of ___~d. ".~ •1976, by~and between the TOWN OF VAIL,•~a Colorado muni pal _~ corporation, and ELIZABETH M. WEBSTER. •. j~THEREAS, Mrs. Elizabeth M. P7ebster has offered to make a gift to the Town of Vail of stock presently held by • her in McGraw-Hill, Inc. for the purpose of enabling the Town •to build a regulation size ice rink; and •. jti'HEREAS, the Town has Long felt the need for such a facility .and has accepted by Resolution No: 4, Series of .• 1976,•the gift offered by•Mrs. Webster; NOW, THEREFORE, in consideration of the recitals,• mutual pro_iiises and agreements herein contained,, the parties .agree as follows: ~.~ (1) Mrs. Elizabeth M. t~Tebster hereby agrees to transfer as a gift to the Towr.~ of Vail sufficie:.t stacl; in McGraw-Hill, Inc. having a value equal to the cost of~purchase and installation of the following: - (a) A complete, installed Holmsten Rinkmaster Direct Liquid Refrigeration ICE RINK including all _ refrigeration and mechanical equipment necessary for the making of ice for a regulation size ice rink; (b) The boards, dasher shields, and hockey • goals surrounding the rink but not including benches or other enclosures; • (c) Restroom and changing facilities; (d) Public address and music system; ._ .. ~ (e) First .aid station; ~: ~ •. ... . ,.•`' ..~ •_ • • ~ ~ •~ • ..~ ' . ' ~~ Zamboni or equivalent; ~ ~ _" .:;.:.`~_ . . ~~ •- .. -. ~; - ~ -'~(q) .Site preparation, costs and expenses ~: ~~ ~ ~ cost not over Twenty-five ~Tho .. .~ ..~ . ~ . .' expected to _ ... _ :~• . `_. .. Dollars ($25.000.00) _ ,.. _ ' :.y ., . .~ AGREErSENT Page 2 =_ (h) Incidental travel or investigation . expenses that may be incurred by Town officials, staff, or advisors for the selection of a con- tractor, design of the rink, or a portion or all of the facility expected to cost not over Five Thousand Dollars ($5,000). (2) The gift shall not exceed stock having a balue of Three Hundred Fifty-Five Thousand Dollars ($355,000). (3) The above specified gift shall be. made in four . installments, com-nencing on May 11, 1976, with the remaining three installments to be made at mutually convenient times, expect to be completed prior to December 31, 1976. The first install- ment of the gift shall be 6000 shares being transferred on or before i~1ay 11, 1976. (4) The Town of Vail states that it is its intention to lace the ice rink on that-parcel of property within the P Town known as Site 24. The Town intends that if it decides to enclose the ice rink within a structure or building in the future, such enclosed facility will be available for ice ~~ related activities at least 75a,~of the time it is open. The Town also intends to provide sufficient staff and advisory services to provide a quality facility that will bean asset to the community. The Town further intends: (a) To provide grading, utility relocation or replace~~.°n t, and other site preparation that may be necessary for the construction of the ice rink; (b) To promptly take all necessary steps to select a contractor and other services so that the ice rink may be substantially completed by December 31, }376- .+"• •! N' ~ AGREEi•;ENT ~ ~ Page 3 (c~ To keep Elizabeth M. Webster and her family fully informed as to progress that. is being made toward planning and completion of the facility. (d) To the extent feasible, to keep the identity of Elizabeth M. jgebster,as donor, confidential. - • EXECUTED on the day and year first above written. - ELIZABETH M. WEBSTER State of ~ ~ ~r.5 ) ss: County of _~-~.rC~ ) - Subscribed and sworn to by Elizabeth M. t:ebster this ~_day of iiay, 1976. Notary Public ~' ~~..rLt.ni_R N07AAY CU~:1~ OF f:E1Y JCASEY 2-Sy COT4'n1S S10n expires : u, Ccmmi:sion E:pins K:tiem6er 8, 1478 ACCEPTED ATTEST: ' Town Clerk ~' ~ G~ TOS•TN OF VAIL, COLORADO, A Colorado municipal corporation By: ! • ~ ~ ~ ~• .. FIECCCtt•ai EXHIBIT E `~F:_5~!=•_:c '. C! i TC+'•,~ F=':'~.'ifiE:_~1'i'l: '!~!:~ '•~if''!1~±1 t _.. r° r' _... _,. _, , r, r••, ^ -t- F~: c. c r F..._{ ~_ a. rt n ~, ~ r- ••.~ ; c ~, ~. F='r=~ `~' ~ 1 F t'•~ T I T E t'1 t=it"f [_i i. j t`d i t-_i' ,•Yi t'i~ f ~ _ t~~ !:'' C'i ' _ .1.. ~~ r~ i,_! j_I ~. I (~ l~ / +L~. i~ ~w'S u R 1 ~~ C'•'" T 1.C::r• `x,1.1 tir-•;_r• `: rt~i~~'~° f"; ~:. _ ;i ~ Ci zti! I i;-{ _~ ti t f-} 1 ;-ti •,t r;; r..~ t-; •I_ T !•-i <; t_! y'• a, ri r ;? f._,• c ~ i~ c; ~ - !`~e=1"__C:}f~7~"~~. Crif~i~t~!i~~~!'" t'Ic:1rl'~!-~!-i~::rii_r_ `~(_iij :`~ C:C:ir-:!;~-:: ~` 1. c3=:~: 7. C 1 s~ ; =ii~t ;:F~iTI'i i~'i~ ~~_!1'•. Y'~::i+_!~t:~'l E'~~.=•rli_ '-?„i:iit! ~_,+_!1"t"'~'i+~•. ~,it'ir~'~ I`1~:::,r~ir~;rci,ier-1•~ F't=r (y.: ~.~_ : -•~ ~;: , Gc~;;,~in~i t,C'f:7.t;~.C::,:_~t;ir?fl'C _';giti;,~ Via' i'~' [? '?' Y' i t_f ~~ E? F` ~::a. '!~ ~_ (] t'1 ;~~ r, ± ! Cs „ j , r ~ 1 a, r r !'i i ~._.=. I"t ~j: ~, ; i ; _ _ N .:... _ ~,. !n ~ Fl:l~. =,t;,;_tl_!fl'!= 4'•l.i. Z ~. C~=_ =.+_!~?~ ! ~~'i77F•Ilft=tom El;~/ t?. i ~ [ E:. _. ' ill'c ~: s::. ~, f i i -'. f"i v .' :~ ~ _ _ Ci #" ?: f i _.. L. c i71 C __ ~ i _ :~;~r~ ``i:•'4{.iii',' i~±t 't_'i?G r"F_'Tr".'..tJ{~'r"ct~~~rl -'rf+_!.7_Eifft~?t-l~F. __ 1 ~. •. ~,.. town of uai 75 south frontage road veil, Colorado 81657 (303) 476-7000 office of the mayor Mr. Richard Peterson P. 0. Box 1053 'Jail, Colorado 81658 Dear Dick: ,. VAIL 1989 December 8, 1988 Thank you very much for the extensive work you did and the time you took to review the West Vail street improvement project and share your concerns with the Town Council and the staff. Your review of the situation was very thorough and was helpful in identifying some issues that need to be addressed. Many of the items you pointed out have been taken care of at this point by the Public Works crews for those small projects that are easy to take care of at this early winter season. A memorandum from Stan Berryman to Ron Phillips addressing each of the issues you brought up is enclosed with this letter for your information. I believe it addresses the issues that we could take care of at this point and indicates some of the items that will have to be put off until next spring. It also addresses the issue of road standards which seems to be your primary concern. The Town Council in the past has agreed upon the standard of road that was built in the West Vail improvement program as being an appropriate level of road for a mountain community like Vail. I believe that the Council and staff will be looking at these standards in the future, particularly for areas that have a higher pedestrian use, etc. in order to make further improvements in the future. I do believe, however, that the West Vail street improvement was done to the specifications we expected, the project was well managed, and the Town received the product as expected for the money spent. It is our impression that your concerns are that we upgrade the standards and we will certainly be considering that in the future. ,. ,:=: Mr. Richard Peterson December 8, 1988 Page 2 If you have any further observations or questions, I encourage you to share them with me or with Ron Phillips. I also encourage you to meet with Stan Berryman and Pete Burnett to have further discussion about these issues. The best way to reach a good understanding is to sit down and discuss the issues thoroughly. The Council and the staff sincerely appreciate the effort you have made to identify and express your concerns, and we feel that as a result we will see an even better product on the streets in your area of Vail. Sincerely, ~~~~ ~~~ Kent R. Rose Mayor KRR/RUP/bsc ~nclosure taws o 75 south frontage road vaii, Colorado 81657 (303)476-7000 department of public works/transportation MEMORANDUM TO: RON PHILLIPS FROM: STAN BERRYMAN DATE: NOVEMBER 22, 1988 RE: DICK PETERSON'S LETTER TM VAIL1989 This letter is in response to the material that was presented to the Town Council on November 15, 1988 (attached). We have looked into each of the concerns and will respond to them in order: 1. The radius of the turn at Buffehr Creek Road and Chamonix Lane is wide enough for two large trucks to pass each other. The picture shows a school bus cutting the corner, which is not necessary. 2. The concrete footers were put into the creek by the people who installed the mailboxes. Our Town crews will remove them. 3. The stop sign was installed much too close to the street name sign. Town personnel will relocate the stop sign. 4. The steel I-beam hit solid rock when it was installed, leaving a portion above the railing. Town crews will cut off the overextended length of I-beam. 5. The bus shelter on Chamonix Lane was located 50~ on a private lot and 50$ on Town of Vail right-of-way. The property owner requested that the shelter be removed so that he could put the lot on the market. The shelter could not be located totally on Town right-of-way because it would interfere with snow removal. The shelter was removed and relocated to Golden Peak. Golden Peak has the highest frequency of passenger utilization of the "non-sheltered" stops. 6. The boulders are located on private property and were in their present location before any road reconstruction took place as far as we know. MEMORANDUM TO RON PHILLIPS REGARDING DICK PETERSON'S LETTER NOVEMBER 22, 1988 PAGE 2 7,8,12,13. The shoulders of the road were finished with road base which is standard practice for a rural road. The road base will settle for the first few years after reconstruction. Some of the culverts will be blocked from this action. Town personnel will clean the culverts and ditches next spring. 9. A comprehensive drainage plan was developed for all West Vail roads that were reconstructed. This plan included a system of ditches, culverts and gutter pans depending upon location. The drainage system was designed to handle peak run-off and surface water. 2,500 feet of culvert were installed before the streets were reconstructed. The intent of the design of the drainage and road system was to construct a quality 20-year road to acceptable engineering standards for the least cost. The culvert in the picture could have been extended (as well as many other culverts) and fill material added to eliminate ditches. The cost of the project would have increased substantially if ditches were eliminated and culverts installed. 10. The street was raised in this area to accommodate drainage culverts that had to be placed over shallow utilities. We have not received any complaints from residents and property owners regarding their driveways. 11. The post in the picture is located on private property. Town personnel will re-form shoulders next spring. 14, 15. The parking lots are located on private property. The drainage and street plan assume existing conditions of private property. The Town cannot require private property owners to correct problems occurring on their properties. The gutter pan is designed to take the existing run-off from the parking lots and take it down the ditch to the west. Any undermining of the public road will be corrected by Town crews in the spring. Any undermining or cracking of the private parking lot is the responsibility of the property owner. The design for all roads in West Vail did not include sidewalks. If sidewalks had been installed, the costs of the project would have been increased substantially. The nature of all residential roads in Vail is rural. Sidewalks have not been installed in any residential area of Vail. Sidewalks have been installed in the more urban commercial core areas of Vail. i MEMORANDUM TO RON PHILLIPS REGARDING DICK PETERSON'S LETTER NOVEMBER 22, 1988 PAGE 3 16. The bus stop and bench were located on the south side of the road because the bus used to run in that direction. As the route has been changed, Town crews will relocate the post and bench to the north side of the street. 17, 18, 19. All of the paths in the pictures are primarily located on private property. The town cannot force private property owners to upgrade their properties to accommodate pedestrian traffic. Bus Shelters - The Town obtained and installed 20 bus shelters with an Urban Mass Transportation grant in 1982. Bus shelters installed since that time have been exclusively paid for by private developers. 20. The road is banked to the outside to carry surface drainage to the west and finally to a culvert that runs under Chamonix Lane at the intersection with Chamonix Road. The road was designed by a registered professional civil engineering firm and fully meets all accepted standards. The road is posted at 25 MPH. The road is not unduly dangerous for vehicles traveling at that speed. 21. Water is not intended to go into this catch basin. It provides an opening to get into and clean out two culverts under the road which meet at this point. 22. Again, designs and construction assumed existing conditions of private property. There is not right-of-way to wide the shoulders of the road in this area. The shoulder is right on the property line. If private property was purchased as a part of this project, costs would have increased substantially. The road is posted at 25 MPH. The road is not dangerous if vehicles travel at that speed. The edge of the road is marked with delineators. 23. Culvert could have been installed to eliminate ditch, but costs would also have increased substantially. 24. This section of road was raised to accommodate shallow utilities and drainage culverts. 25. Culvert could have been extended to eliminate ditch, but costs would also have increased substantially. MEMORANDUM TO RON PHILLIPS REGARDING DICK PETERSON'S LETTER NOVEMBER 22, 1988 PAGE 4 26, 27, 28. The West Vail roads cannot be compared with the Main Vail roads which were reconstructed this year. The design for the Main Vail roads involved a complex drainage solution for groundwater coming from springs as well as run-off from Vail Mountain. The design included seven types of ditches depending upon the calculated amount of water. The Main Vail area is much more densely populated and developed than West Vail, and there is significantly more run off on the north facing slopes of Beaver Dam and Forest Roads than on the south facing slopes of West Vail. Most of the rocks shown are natural and are on private property. The design for the West Vail roads involved a drainage solution for much less water than Main Vail. The complexity and added costs for these drainage solutions is illustrated by unit costs for the two projects: Lineal Footage Project Unit Cost/ Reconstructed Cost Lineal Ft. West Vail 12,750 $1,050,000 $g2 Main Vail 10,200 $900,000 $gg The residential streets in Vail are designed to a rural standard which seems to be a lower standard than is acceptable to Mr. Peterson. The Council would have to make a policy change and commit significantly more dollars to pay for all underground drainage systems and sidewalks to create the urban standards Mr. Peterson is requesting. We have taken pride in the progress of the Town's Street Improvement Program. Streets in front of 448 property owners have been reconstructed over the last two years. The Town has closely worked with all property owners, utility companies, engineers and contractors to ensure a top quality product and we have received numerous compliments from the 448 property owners affected by the reconstruction. Please call me if you have any questions or desire any additional information or clarification. SB/njm -''~ A look at reconstruction of Ch ` e _. ,.;~ _' .~ ,. , r r. ~ ~~ _ _ ~ z Aa ^ - _~~-w...is._ r~ ~fe - _~ ~: "t a~ - - y +_ L ~ +~ ~ 1, . ~ z...~, f .~:.. ».~t*,, ??!fin. r~_ 9 v~- _. smonix Road, one year after completion? 1. If a vehicle is at the stop sign on Chamonix Road, a car turning off of Buffehr Creek Road onto Chamonix road has a difficult turn or has to wait for the vehicle to move out of the way. The Town of Vail bus must wait on the hill for the car to move out of the way before making the turn. .,~'h~~y1 G i=~~ T/1< Scii ~~~ L QvS, 2. These concrete footers in the creek were the unused bases for the mail boxes that were in the wrong place. Now they are part of the Buffehr Creek beautification program. ~,-•}~' .,r _' 3. Why carve the smes into the street signs and then cover them up with the stop sign posts? 4. tJhy is this post not installed and finished like the other three? See picture ~~2. 5. What happened to our bus shelter? A shelter is needed here more than some other places in town. i.e., Golden Peak. Many of the people S ;t ~ ~ }' ~' boarding here are dressed for work--not skiing and they need the protection of a shelter for a windbreak. ~° g Note fore round: tire ruts from car i~'- '"~ ;~ =+~:~ :~>'_ being stuck in summer off of narrow 16" p'f ~T` shoulder that is build-up 16" from old road. ~~ yFr_}r. ~ This is repeated many times and in many places ~~~'~_iE ~ along the street. X14 ~ ; ;~ I !M 1~ ._.----~ r 6 , ~ 2 `~ ~:16: ~ ..: ~, -- , ,~ ~ ~I ~ x ~d NORTH FRONTAGE ROAD ,t ~. ----_--, ,~ . ~i 6. Just a few boulders left for this lucky property owner. 7. East end of culvert almost covered up; shoulder is 12" wide. 8. West end of same culvert! Maybe! 9 12" shoulder drops off ~;`" ~,ery steeply to about a 3 foot ditch. 10. The street is raised 16"-18" for this driveway. It is so steep that it is impossible to plow the snow, let alone get out in the winter This is repeated on all the drives on the downhill sid e of the street. _ r~~: v t` .~ rE~ 11. Shoulder non-existent. Note blacktop breaking away. Ditch is 22 feet deep. Several vehicles fell victim to this tank trap last winter. The post is to mark the driveway...culvert? :-.; :r~~k;y4 r~~,, _..•[~. .__ ~i ...~.5 -rte ~- +Y - - r ,a.r+~t' . ~` yew ~` iu ~ . / •. y ~ ITi~YV ~ ~~~ j .~ ~ ~~~.. .v _ `.'tom- r~.I~~~Y.'' f ~ A may. ' ~ ,Y 3 Fr ~~",,,',~ a` ~'-.-. n ~` ::~ ~ ~ ~;~ ~ ~ 4 .3-s ,'a ~sf` fly. d~+ 1S; ,~~ ~. "w i t~~} ~- ~ ~-~ , * ~. ~ ° s ~.rQ 1~ :ast end of culvert. 13. West end of culvert: 14 .. s.,.:- :~„, ~~ ~ ..yam ,.,y; •. ,, 1: s3 .a <-, - ~ :• ~ ~, ~, ,Y w ~ ` `{~ ~~ ~. ,~~ 7~ ~~ ~~'~ j 4 :: ~~ a~~, ~s {~ 5 14. & 15. Two large parking lots and the street - drain off of this concrete, washing-out _ this gully which undermined the concrete enough to break it. °-i_` . Note the nice safe shoulder for pedestrians-- all of 12" wide. .._ ~. - ° ;~ -- ...~ •-- ~ ~' F g. ~~~ • E. r1CZ=.~ --- ., - ,~ e Z ' vwl -. -.c. ~~-.~~.. .~ ;s,,,,.,,,,.,..~ ~- ~f. 4~4 -~• 16. Bus stop and bench located ,. on east bound side of road,- . the bus only travels westbound! i 17 ~~ _ J __ _ _ .S .1. t.r f;s;~. .a,i C"~1 ,+1~~~:'?ka 'N't`•'~ES~, l 7.Z 1.. -.± ^~ .i ~: i.7. This is path our guests have to negotiate with when carrying their ?::ackages and groceries to catch the bus. ?.t would be nice if they had a bus shelter ion the right side of the road) to wait i.n. ~8. & 19. Other paths to the bus stop. a +~ roc"' :.i„'' ~r ~'~`+~ '~'~•-`~TfDa'~"5h.: ~..'~ ' X ltttl~' ~~ e~~~~~`'~~a+;.~!!~cc~~"~V}~wd,~9t'~~" ~`*.y fir;-~. f ~..f'.5..~~~~ ~ Aft Jy V~~%- ?' ~'1 f ~q~5~y~t y ~.~ :-- - ~~; ~:~ rT~ "' ~-~i~e eat-~~„",!C`~s,•i.~ -!a.- c..~...- ~... - -.. r. _ ~i.. -~~-.'~`l•~-r; ' `ham' 4{r'-.'r lt' • -r~ V. s ~"^~~:•'. ~.*t--.- ice-... _'.:~~~ _ . ~ ' _ { .-~~ 9 d ~: _ , .~ X•~ ~ ~. .~~iKi{,~~~~y~~',T,{~~~a`~[ j•~ ~ "F~ 4.-l~ ~'r~1 ~R ` {,t~~ ~ ~~`' • , ~ i~Y~ ~~ ~ r ~~ ~ ~ ~ ~~''t tr;~~%i'!~J ~ "~`j '~~~ ~•{1a~P~t ~;,1~ '~{•t"fi~ Yy;"' ~l.tirr.:l±''r'7''". ~ K'. ~~` ~, ~ ;'~ •,/ 1 y~'S ti~~` X17' s - Y _`g't~~! F i h ~; "' Yr ~yl~ `? 1t~~ ''tis-.c..r~.~~~~ ~:y y~`J r~~~~ij6~' ~:~~ ~~f*~ ~: ~N!j~F '~"'b' al~~~n ~ ~ .rrr, ~ ~•S~-7'.'` 6 ~~. ~"qf3 "~~~i c r,;: a~ ,~: ti,:. _.•,~. _ -~ry,~~S~~ II~a,;~r ~ y,~ ..:.;may mot' :' . ~ - ~'~..• ' ~'? ~ K ~r i. { 1' .~~C~/h4w .~Y ~~,~ L ~~4 ~,~'_ lQ'j0~ ..YS LLB )~i[fsa,_ ~, ~___'"_i~r fj ~~{{y6y6 R n y~'~fikM'~Y•F .. YY 1E'ffl~( '!A_r sf(~ ~',. _ ]+~'~" ".M1 V j +7 1l.~, ~{ ~2't k r+. °tit ~ r ~ . ,, ~,~'cb X ~at~',gi~ ~ l~ 4 t ~ ~f~ ~ - ~ ~-~ - tip-`~.`kr4t ^s.;'~'t}.s.A,fl~`~ ^ t ~*~i~lM1 ~)! ~ ~~r4 4~ii'i /rjfy~((:~i~. _ °Ci. {.~ ~~Ra ~•I-~ E 4V ,- ~~r~ r t~~, ~ 1I ~~ a tl. '~~ •~,39~ .i~j7J1~+,~yM'~y.w~ t i .M >. ~'~ z~l ~,w y~ n'~ _ k 4 x r. + :~wa ~*.~v~~~~" r~~jy,,p~l~~s~~~,~{3~~y.. ~~.~~'i~_.,:.r gay ;~;. ?~'.~+C~Ai ~ :..,,,a~~ fir' M ~~ t ~ Tr ,..i ~.` n.r. 'i -.. i '7+.+74 _ ~ia "'~~ r , y 4. - .. r:LMJ'~. aC ;~'+jA`~!~ _~.. r'~~. ii~I.'.AI~SAJ`~.~r~~A~ 22. Typical narrow, uneven, and very steep shoulder; cars get stuck in the summer, let alone in the winter when snow hides the edge of the steep shoulder. There have been at least 2 rolled over cars on the far turn in the picture (during the summer!). ,i. .I ,. 1 :~ 2Q. The road here banks down to (\ the outside of the curve by about 12". This is dangerous, unexpected, and unheard of in road design and construction. 21. Just how does water get up into this drain? ~.s,_~T ~\ _~t: 701 fey- ~ - _. ~+ In f. ~'~`. ,t y,~:d0',y u; • - .? ro +'~ n~II'i• a.;:'yyc~ r x .~`,~~ ~ may, r~ r'S.~s. .r- v ,a,, r .~. ~~s y v ~} r, . * ~{~vY',~ y.V.,. ,La ~ zv,, ~tp ~ 6_ -R!!n Y`y~j. ~~ ~r~n~~. I ~ Fs' v~"°~~~4 q X- , This section of street had a very narrow shoulder 12"-14", as well as a steep and deep 3' ditch. 4-5 cars a week were stuck on either side of the street last winter. Even the Town of Vail UNIMOG was stuck here. 24. This drive behind the 7-11 was raised approximately 16". Several times I could not get up onto the street without taking a "run" at it; NOT very safe. 25. This ditch is 4'deep with a shoulder 14" wide. 26., 27., & 28. Obviously... "line the ditches with rocks" has a different meaning in West Vail than on Beaver Dam and Forest Roads ~~ The bus stops and paths were not part of the special improvement - district, but are areas of concern and need to be addressed. Chamonix Road was only part of the improvement district and is used as an example of the quality of the project. In looking at the quality of the project, it presents a glaring question--DO WE GET OUR MONEY'S WORTH? $1,020,000 for the total project; $913,000 of that for engineering. Why was the road raised anywhere from 12" to 18"? The original roadbed was in very stable condition and drainage was not a problem. Why do the shoulders range from non-existent to 24" wide? The average shoulder is about 12"--hardly the safe conditions for walking, driving, and getting out of driveways. Speeding cars are also a constant threat. Why are the ditches so steep and deep? Some are 3 feet + deep. What happened to the quality of this project? Was it: a. poorly planned? b. poorly engineered and properly constructed? c. properly engineered and poorly constructed? d, poorly engineered and poorly constructed? e. not engineered at all? f. poorly monitored by the Town of Vail staff? g. not monitored by the Town of Vail staff? Why should a street improvement project create drainage problems, dangerous conditions, extreme inconvenience, and unsightly side effects for the people who live on or for anyone who drives or walks on this street? If we were getting our money's worth, we wouldn't need to be talking tax increases. Thank you for your time to review this information. If you have questions or would like to discuss this matter further, please contact me. Respectfully, - ~~ ichard Peterson .476-5905 RECD DEC 1 6 1988 P.O. Box 332 •~ Vail, C4. 81b58 (303) 476-1965 December 12, 1988 Vail Town Council 75 S. Frontage Rd. Vail, CO 81657 Dear Council Members: I am writing today in regards to the Vail Valley Medical •Center-and their current proposal for e>;pansion. I must once again voice my opinion on this matter and the VVMC in general. I am of the opinion that the Town should ma6:e a resolution prohibiting any assistance whatsoever for the VVMC until they reverse their policy of refusing to accept Medicaid patients, unless hife threating, thereby requiring travel to Denver or Glenwood Springs for necessary medical diagnosis and treatment! They have offered numerous excuses as to why they should not, but the bottom line is money. They do not treat these patients since Medicaid-pays only approximately 80Y. of what •~is usual amd customary in the state (though the state tells - me they offered VVMC 90% ofi usual and customary). They also claim than Medicaid takes too long to -pay them, yet they • .still continue to do• business with Blue Cross/ Blue SF'rield, mr#tiv "adm•inisters Medicaid•~pagments. VVMC entered into negotiations with Medicaid in May, f98~7 -to resolve this matter and; according to Medicaid, a contract was negotiated, prepared and submi#ted to-VVMC, but was never- signed or returned, so that the situation remains unchanged; noservice for Medicaid recepients'. You will agree that VVMC should treat those yin our corranunity even ifi they cannot afford it. T--here are only -approximately 120 Medicaid patients in Eagle County y- most ofi whom are very long time residents. These are people who have - health insurance provided by the State of Colorado, and the _ State dictates appropriate payment•<~of our tax dollars) to • control runaway health care costs. This discrimination•is also partly-#o blame for causing undue strain on tt,e~Medicaid Mileage program, reducing-funds available for treatmen#~and threatens to run the pwogram out of money for the second time in a year. Vail Valley Medical Center -12/15188'~r ~ Page -~- VVMC wants this community and its governing-body to be -charitable to them so that they can' continue #o expasrd° arid, therefore increase their revenues, yet they clearlyrefuse-to" be charitable to the community. They even are trying to •attract doctors, as well as business, from other parts ofi the country, when there are people in our own community who need medical attention, and do not have access to it. So the next time you need to see a doctor at VVMC, DON'T FORGET YOUR WALLET. The Town of Vail should not provide any money, directly or indirecthy (including to fpm d raisers that even in -part benefit VVMC)", `should require they strictly adhere°~ tai all TOV regulations, t.e.'bui3~ding, health, design review, parfring, traffic, etc. , and' °that no• ex•ceptions' #re~-~e~ren consi dered°- until they correct (file- di°scrimination. If they don't conform to the letter ofi the law-, their ~ proposals sfio~rld- be denied, whatever they may be! I hope that"'tfie'Cocxncil wil-1 do the right thing tae well as the moral thing), ar}d' worn: towards resolving this outrage. I also hope that other citizens of our community will also voice their support in this matter to the Council as well. Sin ar cc: Vail Daily Vail Trail Avon/Peaver Creei.~Times Eagle Valley Enterprise REC'J MFG 1 61988 700 Cascade Avenue Boulder, CO 80302 December 14, 1988 Vail Town Council c/o Town of Vail 755 South Frontage Road Vail, CO 81657 Dear members of the council: My family and I have been owners in the Alphorn on West Meadow Drive since 1972. In the 16 years since we have been living in and coming to Vail, we have obviously noted the tremendous increase in both vehicular and pedestrian traffic on that street to the detriment of both pedestrian safety and the residential nature of the street. We have enthusiastically supported the building of the hospital and its subsequent additions, and recognize the benefits of the current proposed expansion. However, in conjunction with this proposal, we think that it is particularly important that steps also be taken to ease the congestion on West Meadow Drive. We think that it is reasonable that additional parking be built, and that it be accessed from the South Frontage Road. Improved signage for the east entrance to West Meadow Drive to indicate that it is not a through street could also have a significant positive impact. Sincerely, Michael J. Newman MEMORANDUM T0: Town Council FROM: Ron Phillips DATE: December 20, 1988 SUBJECT: Kansas Bar Association Convention in Vail Attached is a memorandum from Melodee Kennington of the Vail Valley Foundation outlining her chronological contacts with first the Arrangers on behalf of the Kansas Bar Association and then her direct contact with Jack Stewart. I talked with Jack Stewart yesterday by telephone and found that he is the Chairman of a Kansas Bar Association committee which was responsible for planning a private function during the convention called the "Bar Show". The initial contacts had been made with the Arrangers in September with those contacts broken off in mid-October. In mid-November he attempted to get hold of Melodee directly because he was putting together his committee report that he had to present on December 3rd. As it turned out, his committee voted to not have the Bar Show on December 3 and it will not be a part of the convention program mainly because of budgetary reasons. At no time was the fact that the convention was coming to Vail ever threatened by these negotiations as the Bar Show is only a minor part of the convention as a whole. The convention is being planned by the Bar Association Executive Secretary out of Topeka, and all of the major arrangements have been made through the Bar Association main office. Mr. Stewart is disappointed that his aspect of the convention program will not be held, but he stated clearly that it had nothing to do with the facilities in Vail or the communications with the Vail Valley Foundation, but the decision was made on a budgetary basis. I read Melodee's memo to him over the phone and he said that her notes and chronology sounded exactly right. He also stated that at no time did anyone mention to him that the Bar Show should be held in Beaver Creek. RVP/bsc ~~ Vail Valley Foundation M E M O RAN D U M Board of Directors President Gerald R. Ford TO RON PHILLIPS Robert E. Barrett James Berry Craddock ,q Jack Crosby FROM MELODEE KENNINGTON ~G/~'/LerG~ H. Benjamin Duke, Jr. Hatry H. Frampton, III George N. Gillett, ]r. DATE DECEMBER 19 , 19 8 8 Pepi Gramshammer Martha Head William]. Hybl RE KANSAS BAR ASSOCIATION' S USE OF THE BobKnous GERALD R. FORD AMPHITHEATER, JUNE 14-15, 1989 Henry R. Kravis Jams D. Robinson, 111 Fitzhugh Scott Michael S. Shannon Per your request' Rudney E. Slifer Richard L. Swig oscarL.Tang o September, 1988. Received a call from Jaime Brotherston, of the Arrangers, who was calling on behalf of the Kansas Bar.Association. She was investigating all possible locations sib Knous for a .private function ( "Bar Show" ) for the .Kansas Bar President Association, during their annual convention to be held in Vail, in June, 1989. She asked if the Ford Amphitheater was available for rent for private functions. I told her that it was, and encouraged her to urge the Kansas Bar Association to seriously consider using the Ford Amphitheater for their function. o September 28. I-met with Jaime at the Ford Amphitheater to tour the facility. She agreed that it would serve the Kansas Bar Association's needs well. o September 29. Jaime,. acting on behalf of the Kansas Bar Association, requested that the Ford Amphitheater be booked for them on June 14-15, 1989. Those two dates were reserved for them on the Ford Amphitheater calendar. o Mid-October. Received a call from Jaime; she said that all arrangements made for the Kansas Bar Association were. being cancelled. o Mid-November. Returned a call I received from Jack Stewart, of the Kansas Bar Association. He wanted to discuss using the Ford Amphitheater for their Bar Show.. (He said that they were not going to use The Arrangers, afterall, and that representatives of the Kansas Bar Association would be making all arrangements in Vail themselves.) A Colorado Non-Profit Corporation Organizing athletic, educational and cultural programs in the Vail Valley. Post Office Box 309. Vail, Colorado 81658 . (303) 476-9500 Telex: 910-290-1989 Fax: (303) 476-732U Ron Phillips Memorandum Page Two December 19, 1988 o November 30. Sent attached .letter (along with a sample lease) to Jack Stewart. (Mr. Stewart mentioned that he .would be meeting the next week with the Bar Committee to discuss the feasibility of the Bar Show and the Ford Amphi- theater as the location for the Show.. He also mentioned that the Bar Committee was not particularly in favor of including the Bar Show in their '89 convention schedule.) o December 16. Placed a follow-up call to Jack Stewart. o December 19. Received a call from Jack Stewart. He said that he was extremely disappointed that the Bar Committee had decided not to include the Bar Show in their '89 convention schedule. He said that one of the biggest reasons was that the Kansas Bar Association had made arrangements for President Ford to address their attendees and that this was a significant budget item, and that .they opted to put the dollars toward the appearance of President Ford rather than toward the expense. of producing a Bar Show. He said that he "wrote a glowing report to the Bar Committee about the Amphitheater and the arrangements that had already been worked out with the facility, equipment and musicians." He said. that he was .quite upset with the Committee and its decision. I told him that I would-continue to hold the dates of June 14-15 for the Kansas Bar Association, in case something were to change, or if they would be able to use the Ford Amphitheater for another function during their convention. We agreed that if I received inquiries from another organization or individual about those dates, I would first call him before releasing the dates. /~ Attachment FYI--Jack Stewart's telephone number: (office) 913/827-7251 Dail Valley Foundation Buard of Dirrctun I'r~~i~3rnr l;rral.l R. F~,r,1 Ruhrrt E. Rarrcrt lamrs R~vn l;ra,3.i.,ck lack C:nxb} H. Brnjamin C~ukr, lr. Harty H. Framrtun. Ill l.icYtt{;r 1. lilllrt[. ~r. 1'r~i liramshammrr Startha Hra.l VL'Jfiam I. Hybl Rub Knuus Hrnrc R. Kra~•is lamrs D. Robinson. Ill Fir:hu¢h Su,n ~licharl 5. Shannon R,~.1nrt E. Slifrr R~char.l L. SwiK ~~scar L. lank November 30, 1988 Mr. Jack Stewart Post Office Box 1247 Salina, KS 67402-1247 Dear Mr. Stewart: It was a pleasure talking with you yesterday regarding the Kansas Bar Association's convention, to be held in Vail next June. Enclosed is a sample lease for the Gerald R. Ford Amphitheater. We will soon be making a few, minor ~~I' l:n„u> revisions to this lease for the ' 89 summer season; so I'r"i.~rn` we will submit the formal Lease to you in the near future. The Amphitheater is reserved for you for June 14-15, 1989, for your private Bar Show; and the rent for the Amphitheater will be a flat fee of $800 per day. I've enclosed some information to give you a brief view of the Foundation's activities. We truly look forward to working with you and will be at your service to ensure that your event is successful and enjoyable for everyone. Best regards, Melodee Kennington Director Gerald R. Ford Amphitheater Encs. A Colorado Non-Profit Corporation l)rkancinl; athlrtic, r~3ucational an.l cultural FruKrams in thr Vail V~allr}•. Punt Office Rox 3~~ .Fail, l:oluraJu 1316» . 1303) 476-9i~~` Telrs: yli~-?9h-lySa Fns: 1 3i`31 47h-i 3~0 i ~% ~G /~~~ ~~~ ~~~ /~ ;il~~/ ~~~_`__ ~35 GMRS. R`FINCgE ~ /~) ~~~D~~~ LAS XAS 75D4~ ~~~5" ~~~~~~' ~~~ :~G~~ ~~. RECD DE ~ ~ Q ELSEWHERE IN THE MOUNTAINS Winter Park and leaser eye biz fee for marketing costs A movement is underway in Winter Park and Fraser to cre- ate abusiness license fee aimed at raising $200,000 annually for marketing. The Winter Park Fraser Val- ley Chamber of Commerce is drafting a proposal to present to the town councils calling for substantial, but as yet unde- termined, increases for busi- ness licenses, reports the Win- ter Park Manifest. Winter Park currently charges $60 per year for a license, while Fraser im- poses no fee. Proponents believe the in- creased fee will boost the Fraser Valley's marketing into a competitive position with other major resorts and create a system that mandates a fair contribution from all busi- nesses in the town that benefit from marketing. The idea reportedly has strong support from most of the businesses in the towns. The proposal is expected to be put up for council considera- tion in January. Woman angered by the gas company's attitude toward fire An El Jebel gas explosion has left a woman homeless and angry. Homeless, because the fire destroyed her trailer, and an- gry because Rocky Mountain Natural Gas washed its hands of the incident, according to The Valley Journal. Sue Hamel escaped injury Nov. 20 when a damaged nat- ural gas pipe cracked and es- caping gas ignited. The trailer she shared with her sister and three children was destroyed. Hamel is upset because the gas company made no moves to provide temporary housing or offer compensation. Steve Shute, a Rocky Moun- tain Natural Gas spokesman, said the pipe was damaged by an as yet unidentified third party last summer, and hence, the company is not responsible ter in Glenwood Springs is tar- geted as it's initial home. The idea for an alternative school came about when RE-1 Assistant Superintendent Jim Bader enlisted the aid of Cliff Colia, the head of BOCES Sec- ond Chance program at Col- orado Mountain College. The problem at hand was battling some student's boredom with traditional curriculum and the district's dropout rate. The school will be a "choice school," meaning students will not be forced to attend but will be asked to "buy in" to the con- cept. They will be asked to put together their own student conduct code and work with the staff like college students work with academic coun- selors. Bader and Colia were to meet this week with area high school principals to determine admission procedures, aca- demic guidelines and staffing requirements. The first year, probably 25 to 30 students will enroll in the program. Golf course builder dies in plane crash in Park County The man behind the multi- million dollar Eagles Nest golf course and subdivision in Sil- verthorne died last week in a plane crash. Ying-Wyong-Benoni Wu, 50, was killed Nov. 28 when the single-engine Cessna-150 he was piloting crashed about three miles south of Como, in Park County, reports the Summit County Journal. Wu was the sole occupant, and the cause of the crash is unknown. The president of Centron Corporation, Wu was an origi- nal investor in the Eagles Nest development. He moved to Summit County in 1981, when Centron took over a contract for the land. The development was built the following year. After investing $12 million into the development, financial dif- ficulties forced the company to file for Chapter 11 bankruptcy in Nov. 1987. A native of China, Wu was reportedly from a very wealthy family in Hong Kong. Huge tree falls on Grand Lake home Turkey Day morn Thanksgiving hit a Grand Lake family like a ton of bricks, or more precisely, a 125-foot tree. But they have plenty to be thankful for. On November 24, at 9 a.m., Bill and Vicki Ray were read- ing the morning papers in their living room. Their three-year- old son Jordan was seated at the kitchen table, eating a bowl of cereal. Suddenly, there was a loud "crack" and Vicki looked out the window and saw the enormous pine tree, that used to stand in the front yard, come crashing toward the house, re- ports Granby's Sky-Hi News. The 125-foot tree, thought to be the largest in Grand County, fell directly across the center of the home and came to rest just a few feet from Jordan's head. A roof truss hit the table just in front of the boy's head and a piece of ceiling hit Bill but didn't injure him. The chair in which Vicki had been sitting was buried beneath a pile of ceiling material and insulation. Damage was estimated at more than $10,000. The family went to Denver to spend Thanksgiving and a few days with Bill's parents. Arrive Alive! Don't Drink ~ Drive! NT ~pJ .~ ~' i • ., 1 ~a ~. 0 o PRov \S~ Mountain F Provisioni P.O. 13ox 20 v.~ll. c~l~~~do F (303) 476-7 RESOLUTION N0. 46 Series of 1988 A RESOLUTION APPROVING A SERVICE AGREEMENT BETWEEN THE TOWN OF VAIL AND THE VAIL METROPOLITAN RECREATION DISTRICT WHEREAS, the Town of Vail ("the Town") and the Vail Metropolitan Recreation District ("the District") have provided and presently provide recreational programs and services to the inhabitants and guests of the Town; and WHEREAS, after a long period of discussion and negotiation, it is the desire of both parties to provide for the provision of all such services by the District; and WHEREAS, the Town and the District are authorized by the Constitution and the Statutes of the State of Colorado, including C.R.S. 29-1-203, as amended, to enter into intergovernmental agreements to govern the provision of such services to the inhabitants and visitors of the Town; and WHEREAS, the parties wish to enter into the agreement attached hereto as Exhibit A and made a part hereof by reference providing for the provision of such recreational programs and services by the District to the Town, and setting forth details in regard thereto. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. The service agreement between the Town and the District attached hereto as Exhibit A be hereby approved. 2. The Town Manager be hereby authorized to execute said agreement, and all employees, officers, and agents of the Town of Vail to take all steps necessary to put said agreement into effect. INTRODUCED, READ, APPROVED AND ADOPTED this 20th day of December, 1988. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk TOWN OF UAIL/UAIL METROPOLITAN RECREATION DISTRICT AGREEMENT THIS AGREEMENT is made and entered into this day of 1988, by and between the TOWN OF VAIL, COLORADO, a Colorado municipal corporation, hereinafter referred to as "the Town," and the VAIL METROPOLITAN RECREATION DISTRICT, a Colorado quasi-municipal corporation, hereinafter referred to as "the District". WHEREAS, the Town and the District provide recreational programs and services to the inhabitants and guests of the Town; and WHEREAS, it is the desire of both parties to provide for the provision of all such services by the District; and WHEREAS, the Town and the District are authorized by the Constitution and Statutes of the State of Colorado, including C.R.S. 29-1-203, as amended, to enter into governmental agreements to govern the provision of such services to the inhabitants and visitors of the Town. NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: 1. PURPOSE It is the general purpose of this Agreement to transfer the management and provision of all recreational services for the inhabitants and visitors of the Town of Vail to the District. It is intended that such a transfer shall be financially neutral to the Town and that all financial benefits and costs will accrue to the District. 2. SERVICES TO BE PROVIDED BY THE DISTRICT The District shall provide to the Town recreational programs and services. Such services and programs shall be of high quality and shall be of sufficient diversity and scope to meet the recreational needs of the inhabitants of the Town and the visitors thereto. 3. REAL PROPERTY AND IMPROVEMENTS THEREON A. The Town grants the District a license to use the following real estate, and improvements thereon set forth below and more particularly described in Exhibit A attached hereto (the Premises): i) John Dobson Ice Arena and Environs ii) Upper Floor of the Old Town Shop, except the Police Weight Room iii) Youth Center iv) Nature Center v) Upper Bench of Ford Park vi) Public Tennis Courts .vii) Athletic Field subject to the following terms and conditions: 1) Use of Premises The premises shall be primarily used for recreation programs and services except as otherwise provided for herein. The District shall permit the Town to use the Upper Bench of Ford Park for skier parking during the ski season. The Town, at its sole cost, shall repair any damage to the Park caused by such parking. 2) Utilities The District shall pay all charges for gas, electricity, light, heat, power, and telephone, or other communications services used, rendered, or supplied upon or in connection with said premises and shall indemnify the Town against any liability or damages on account of such charges. -2- 3) .Access to the Premises The Town and its agents shall have the right to enter in or on the premises to examine them, to make .and perform such alterations, improvements, or additions that the Town may deem necessary or desirable for the safety, improvement, or preservation of the premises. 4) Alterations by the District The District shall make no alterations, additions, or improvements in or to the premises without the Town's prior written consent. All such work shall be performed in a good and workmanlike manner, and all alterations, additions, or improvements upon the premises shall, unless otherwise agreed at the time the Town's consent is obtained or unless the Town requests removal thereof, become the property of the Town. 5) Maintenance and Repairs The District shall take good care of the premises and the fixtures and improvements therein including without limitation, any storefront doors, plateglass windows, heating and air conditioning systems, plumbing, pipes, electrical wiring and conduits, and at its sole cost and expense perform maintenance and make repairs, restorations, or replacements as and when needed to preserve them in good working order and first class condition. The District's obligation for repair: and replacement shall include all interior, exterior, nonstructural, ordinary and extraordinary, unforeseen and foreseen repair, snow removal, and rubbish removal, landscaping. and lawn care. The Town shall replace all plumbing facilities and equipment installed for the general supply of hot and cold water, heat, air. conditioning, and electricity when such replacement is necessary to keep the property and improvements functioning properly, when the cost of the replacement thereof exceeds five thousand dollars ($5,000). The repair, maintenance and replacement of the refrigeration system for the ice surface in the Dobson Ice Arena -3- shall be the sole responsibility and cost of the District. The Town shall not be responsible for the replacement of any equipment damaged by the willful acts or negligence of the District. The District shall develop a maintenance schedule for each respective improvement used pursuant to this Agreement, which schedule shall be subject to the approval of the Town. The District shall keep a log setting forth actual maintenance performed at the Dobson Ice Arena. The log shall be kept in the same manner as presently maintained by the Town prior to the effective date hereof. 6) Assignment This license shall be non-assignable and the District shall not mortgage, hypothecate, or encumber any of the facilities set forth herein without the prior written consent of the Town in each instance. 7) Damage to or Destruction of Premises If any of the licensed premises are damaged by fire or other cause so that they may not be used for the purpose which they were intended and the repair or replacement of such premises shall require substantial cost, the Town may elect not to repair such damage and this license shall automatically terminate as it relates to said damaged or destroyed premises effective as of the giving of notice by the Town of such election.. 8) Injury to Person or Propert a) The District covenants and agrees that the Town, its agents, servants and employees shall not at any time or to any extent whatsoever be liable, responsible or in any way accountable for any loss, injury, death or damage to persons or property or otherwise which at any time may arise in connection with the premises or be suffered or sustained by the District, its agents, servants or employees, or by any other person rightfully on the premises for any purpose whatsoever, whether such loss, injury, death or damage shall be caused by or in any way result from or arise out of any act, omission or negligence of the District, its -4- agents, servants or employees or of any occupant, subtenant, visitor or user of any portion of the premises, or shall result from or be caused by any interference with or obstruction of deliveries to the premises by any person or by the loss or destruction by any person of furniture, inventory, valuables, files or any other property kept or stored on or about the premises or by any other matter or thing unless resulting solely from the negligence or willful misconduct of the Town, its agents, servants or employees. The District shall forever indemnify, defend, hold and save the Town free and harmless of, from and against any and all demands, claims, causes of action, liabilities, losses, damages or judgments on account of any of the foregoing provided that this indemnity shall not extend to damages resulting solely from the negligence or willful misconduct of the Town, its agents, servants or employees. The foregoing obligation to indemnify shall include indemnification to the Town for all costs, expenses and liabilities (including, but not limited to, attorneys fees) incurred by the Town in investigating and defending any of the matters covered hereby. b) The Town, its agents, servants and employees shall not be liable for injury, death or damage which may be sustained by the improvements, betterments, persons, goods, wares, merchandise or property of the District, its agents, servants, employees, invitees or customers or any other person in or about the premises caused by or resulting from fire, explosion, falling plaster, steam, electricity, gas, water, rain or snow, leak or flow of water, rain, or snow from or into part of the building or from the roof, street, subsurface or from any other place or by dampness of from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures of the building or the premises. -5- 9) End of Term Upon the expiration or other termination of this Agreement, the District shall promptly quit and surrender to the Town the premises in good order and first class condition, ordinary wear excepted. The District shall remove such alterations, additions, improvements, fixtures, equipment, and furniture as the Town shall require. 10) Compliance with All Laws and Regulations The District agrees not to use or .permit the premises to be used for any purpose or in any fashion prohibited by the laws of the United States, or the State of Colorado, or the ordinances or regulations of the Town of Vail including the Town's no smoking ordinance, Ordinance No. 11, Series of 1988. B. In addition to the recreational premises set forth in this Agreement, the Town further grants a license to the District to utilize the offices they are presently utilizing at the time of the signing of this Agreement in the Vail Public Library for continued use as office space only, subject to the terms and conditions set forth in Section 3A hereof, except that the District shall not pay utility costs for said offices which costs shall be the responsibility of the Town. The Town further grants the District the right to utilize ( ) parking spaces on the land commonly known as the Mud Lot. The right to use said parking spaces may be terminated by the Town upon the giving of thirty (30) days written notice of such termination to the District. C. The Town currently leases from third parties the following premises for recreational purposes: a) Red Sandstone Gym b) Potpourri Day Camp The Town shall attempt to assign said leases to the District subject to any restriction on assignment contained in said leases. -6- 4. E UIPMENT A. The Town hereby transfers to the District for its use during the term hereof the personal property, equipment, and vehicles set forth in Exhibit B hereof. B. Except as otherwise provided for herein, the District shall furnish and supply all necessary labor, supervision, equipment, motor vehicles, office space, operating and office supplies necessary to .provide the Town with the services contemplated hereunder. All equipment and vehicle maintenance costs shall be the sole responsibility of the District. 5. SERVICES PROVIDED BY THE TOWN The Town shall provide the District with financial and computer services as set forth in Exhibit C attached hereto and made a part hereof by reference. In addition, the Town shall provide the District with planning services subject to such control and provisions as the Town deems appropriate. The District shall pay no charge for ordinary ongoing day-to-day planning services, but for services which the Town in its sole discretion deems extraordinary, the District shall pay a rate as shall be agreed upon by the parties on a case by case basis. Throughout the term of this Agreement the Town shall have the right to use the Apple computer located in the District office on the date of execution hereof or any replacement or substitute therefor, at all reasonable times. 6. HEALTH INSURANCE The District shall be liable for eleven and one-half percent (11.5%) of accrued liabilities of the Town's health insurance plan existing on December 31, 1987 based on the number of eligible District and Town employees as a percentage of the plan's total eligible employees. 7. CONTROL OF THE JOHN DOBSON ICE ARENA The parties understand the John Dobson Ice Arena is a multi-use facility utilized for both recreation and other purposes by the Town, and further understand -7- the Arena is subject to certain terms and conditions contained in a Deed of Gift between 'the Town and the Websters, a copy of which is attached to this Agreement as Exhibit D. The District agrees not to violate any of the terms and conditions of said Deed of Gift during the term hereof. The District's use of the Arena pursuant to this Agreement shall be subject to all outstanding agreements between the Town and third parties for or relating to the use of the Arena. The District agrees that during the term hereof the District shall allow the following organizations the right to use the Arena free of charge: - Battle Mountain High School for graduation ceremonies The District agrees to use its best efforts to maximize the use of the Arena for conventions, meetings, conferences, concerts, and other income producing events during the period it is not required to use the Arena for ice skating by the Deed of (sift. During the term of this Agreement, the Town shall have the right to use the Dobson Ice Arena for a total of thirty (30) days during each year of the term herE~of for whatever purposes it deems appropriate upon the giving of thirty (30) days written notice of such use to the District. The Town may exercise twenty (20) of said days between March 15 and December 15, and ten (10) of said days between December 15 and March 15. The Town shall be responsible and shall have the right to negotiate all terms and conditions of any activity or event the Town wishes to use the Arena for during said thirty (30) days. The District shall be entitled to receive the gross receipts produced by any such event less all expenses and costs thereof. If the Town makes a good faith decision at a public meeting that the welfare of the Town and its inhabitants requires that the Dobson Arena be utilized entirely for purposes other than recreation, it shall give notice thereof to the District.. The District shall have ninety (90) days from the giving of such notice -B- to vacate the premises in accordance with the provisions set forth in paragraph 3A(9) hereof. 8. RECREATION PLAN During the month of February, 1989, at a regular or special meeting of the Town Council of the Town of Vail, and during each subsequent February during the term of this Agreement, the District shall present a recreation plan to the Town Council detailing the District's plans and programs for the forthcoming year. The Town Council shall be given the opportunity to critique the plan and suggest changes in the plan to the District. The District shall give due consideration to all requests of the-Town regarding the plan. The District shall base its recreational program 'for the forthcoming year on said plan. 9. FINANCIAL CONTRIBUTIONS The Town shall contribute to the District the sum of five hundred twenty-two thousand thirty-three dollars ($522,033) as set forth in Exhibit E hereof for each year during the term of this Agreement to be used by the District exclusively for the provision and development of recreational services, programs, and facilities to the Town. If the Coors Classic is not held within the Town and if the District does not provide Fourth of July youth programs during any year hereof,. the contribution of the Town shall be reduced accordingly. This contribution shall be made 'to the District for each year during the term hereof as follows: A. January - 4% B. February - 2% C. March - 15% D. April - 6% E. May - 6% F. June - 6% G. July - i5% -9- H. August - 14% I. September - 10% J. October - 10% K. November - 6% L. December - 6% No later than two (2) years from the date hereof the District will hold an election and submit a mill levy increase to the authorized voters of the District. The mill levy increase shall be sufficient to increase the District's annual tax revenues in an amount equal to the Town's annual contribution provided for in this paragraph. Should the mill levy increase be approved, the Town shall take all steps necessary to reduce its mill levy so its tax revenues are reduced by an amount equivalent to the District's increase. In any year during the term hereof in which the Town decreases its general fund expenditure budget subsequent to January 1 of any fiscal year, the Town's contribution to the District shall be proportionately reduced. In any year in which the Town reduces its budget by decreasing its general fund expenditures five percent (5%) or greater than the expenditures in the previous year's budget due to a fiscal emergency occasioned by severely reduced sales tax revenues or extraordinary expenditures, the Town's contribution to the District shall be proportionately reduced. 10. GOLF, TENNIS, AND SKATING PASSES The Town will be charged by the District at the residential rate in effect at the time for each time a Town employee plays golf or tennis. However, the Town shall not be charged a total amount for any employee in excess of the respective cost then in effect for a resident golf or tennis pass. The District shall provide skating passes for Town employees at no cost. -10- 11. DEBT The Town shall be solely responsible for all debt related to recreation facilities owned by the Town existing on the effective date of this Agreement. All financing for recreational purposes occurring subsequent to the effective date of this Agreement shall be agreed upon by the Town and the District on a case by case basis. 12. DISTRICT BOUNDARIES The District and the Town will use their best efforts to take whatever steps are necessary to make the boundaries of the District and the Town coterminous. 13: PERSONNEL The Town and the District and their respective officers, agents, and employees shall fully cooperate so as to facilitate the performance of this Agreement. The provision of recreational services and programs as contemplated in this Agreement, the hiring, firing, and discipline of District employees shall be the responsibility of the District. No person employed by the District, in accordance with this Agreement, shall have any right to Town benefits including health insurance and pension. The District, however, may invest pension funds with the Town subject to such conditions as may be established by the Town and permitted by law. The Town shall not be liable for the payment of any salaries, wages, or other compensation to any District personnel performing recreation services pursuant to this Agreement, nor for any obligation of the District other than provided for herein. Nothing herein shall obligate the Town to be liable for the injury or sickness of any District employee arising out of his/her employment. 14. LIABILITY AND INSURANCE A. The Town, its officers, and employees shall not be deemed to assume any liability for the intentional or negligent acts, errors, or omissions of the District or of any officer, agent, or employee thereof. Likewise, the District, its -11- officers, and employees shall not be deemed to assume any liability for the intentional or negligent acts, errors, or omissions of the Town or of any officer or employee thereof. B. The District agrees to indemnify, defend, and hold harmless, to the extent allowed by law, the Town, its respective agents, officers, servants, and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action, and causes of action whatsoever, arising out of or related to the District's intentional or negligent acts, errors, or omissions, or that of its agents, officers, servants, and employees, whether contractual or otherwise. Likewise, the Town agrees to indemnify, defend, and hold harmless, to the extent allowed by law, the District, its respective agents, officers, servants, and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action, and causes of action whatsoever, arising out of or related to the Town's intentional or negligent acts, errors, or omissions, or that of its agents, officers, servants, and employees, whether contractual or otherwise. C. The District and the Town shall respectively provide their own public liability, property damage, and errors and omissions insurance policies sufficient to ensure against all liability, claims, and demands or any other potential liability arising from this Agreement. Further, the District and the Town, respectively, shall name, subject to the approval of each respective party's. insurance carriers, the other respective party as a coinsured under such insurance policies and to the extent of any potential liability arising under this Agreement and, upon reasonable written request, shall furnish evidence of the same to the other respective party. In any event, each party respectively shall procure and maintain the minimum in insurance coverages listed below. All coverages shall be continuously maintained to cover all liability claims, demands, and obligations assumed by the parties hereto. In the case of any claims-made policy, the necessary -12- retroaci:ive dates and extended reporting periods shall be procured to maintain such continuous coverage. a) Workman's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract. b) General Liability insurance with minimum combined single limits of one million dollars ($1,000,000) each occurrence and one million dollars ($1,000,,000) aggregate. The policy shall be applicable to all premises and. operations and shall include coverage for bodily injury, broad form property damage, personal injury, blanket contractual, products, and completed operations. c) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000) each occurrence and one million dollars ($1,000,000) aggregat:e with respect to each of the parties owned, hired or non-owned vehicles used in the performance of services hereunder. d) Errors and Omissions insurance with minimum limits of one million dollars ($1,000,000) each claim and one million dollars ($1,000,000) aggregate. e) If the District obtains a liquor license to serve wine, beer, or intoxicating liquors, it shall obtain liquor liability insurance with limits of one million dollars ($1,000,000) each claim and one million dollars ($1,000,000) in the aggregate. Failure of either party hereto to maintain policies providing the requirecl coverages shall constitute a material breach of this contract, upon which the non-•breaching party may immediately terminate this Agreement. 15. EFFECTIVE DATE This Agreement shall become effective on the first day of January, 1989. -13- 16. TERMINATION A. Unless sooner terminated as provided for herein, this Agreement shall terminal;e on December 31, 1994. B. Upon termination of this Agreement as set forth herein, the District's license to use Town real property and all improvements thereon shall cease as provided for in paragraph 3A(9) hereof. In addition, the District shall convey to the Towri all equipment, vehicles, and personal property set forth on Exhibit B which had beers previously transferred to the District. In the event that any such equipment, property, or vehicles had been replaced by the District, the District shall convey to the Town such replacement. 17. MISCELLANEOUS PROVISIONS A. No modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. B. This written Agreement embodies the whole Agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the Town or the District other than those contained herein. C. This Agreement shall be binding upon the respective parties, their successors or assigns. D. All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid agreement or covenant were not contained herein. E. The District and the Town have represented to each other that each possesses the legal ability to enter into this Agreement. In the event that a court of competent jurisdiction determines that either of the parties did not possess the -14- legal ability to enter into this Agreement, this Agreement shall be considered null and void as of the date of such court determination. F. Any notices to be sent to the parties pursuant to the terms of this Agreement shall be mailed to the following addresses: Town Manager Town of Vail 75 South Frontage Road Vail, CO 81657 Chairman Vail Metropolitan Recreation District 292 West Meadow Drive Vail, CO 81657 G. This Agreement shall not be deemed to confer or grant to any third party any right to claim damages or bring any legal action or claim against either the District or the Town because of any breach hereof or of any covenant, condition, or provision contained herein. IN WITNESS WHEREOF, the Town and the District have executed this lease as of the date first set forth above. TOWN OF VAIL, a Colorado municipal corporation VAIL METROPOLITAN RECREATION DISTRICT, a Colorado quasi-governmental corporation By: Rondall U. Phillips, Town Manager By: Timothy R. Garton, Chairman -15- FXT-ITRTT ~ i FINANCIAL/COMPUTER SERVICES THE TOWN WILL PROVIDE FOR VMRD FOR A FE); PURCHASING AND CASH DISBURSEMENTS Input Claims Print Checks Prepare Hand Checks Prepare Checks for Signing Review Checks and Backup Mail Checks File Checks and Stamp Paid PAYROLL Master File Updates Print and Distribute Time Sheets Time Sheet Preparation Input Time Verify Batch Totals Input Voids and Handwrites Run a Trial Register and Verify Print and Sign Checks Run Reports Maintain Payroll Personnel Files Process Payroll Advances Quarterly Reports Preparation of W-2's CASH RECEIPTS Review Daily Sheets and General Ledger Posting Ice Arena General Recreation Nature Center Tennis Courts Golf Deposits Make the Bank Deposits (For Recreation and Ice Arena) Pick up money at Ice Arena and Recreation Department Daily Monday-Friday CASH MANAGEMENT Track Interest Income Reconcile Bank Accounts EXHIBIT C- PAGE 2 ---- - -- _.. ... __ _ _ _ COMPUTER ___.__ _ ---- --- -= -- _ _ _ _. ._ ____:-. Provide. Necessary Computer Time Daily Backups (Mainframe only) Upgrades to Financial Software Including GL, AP/PO, CC, PR, AR, FA System. Maintenance Query-into-Accounts Payable, Accounts Receivable, and General __ Ledger, Payroll/Personnel and Fixed Asset Software `Programs OTHER Reconcile any Hotel and Convention Advance Deposits Prepare Sales Tax Return Reconcile other General Ledger Accounts Review Month End General Ledger Maintain Fixed Asset Ledger as information is provided by VMRD - Invoice Miscellaneous Charges TOWN OF VAIL FEE Total 1989 fee for these services will be $33,375. The Town will bill VMRD in equal monthly installments of $2,781.25. VMRD is to let the Town know on an annual basis, by mid-July, what financial/computer tasks they want the Town to provide for the next year. The Town will then provide VMRD the next years cost for those services. _~..~___ FINANCIAL/COMPUTER SERVICES VMRD'WILL PERFORM`FOR THEMSELVES CASH RECEIPTS Receipt Cash Through the Register Close~_the_ Register._and Prepare _ Dail_ y . Ca_sh_ Sheet _ _ _ Collect Bad Checks_~and Bad Debts -:. - ~'~ ~, - ---- . v. _ . _ -. - .. - - PURCHASING CASH DISBURSEMENTS Purchase Order Preparation Print Purchase Orders and Distribute Distribute Mail Obtain Purchase Order Authorization Vouch the Invoices ' Reconcile Monthly Vendor Statements Sign Checks EXHIBIT C PAGE 3 PAYROLL Payroll Audit per FLSA COMPUTER P.C. Repairs; and;.Maintenance Software Maintenance on-Parks and Recreation Programs and Requested Upgrades PURCHASE OF FORMS VMRD is responsible for the procurement and payment of their own payroll and accounts payable checks, time sheets, computer, paper and any other.necessary forms. ONGOING FINANCIAL/COMPUTER RELATED SERVICES TOV WILL PROVIDE FOR AN ADDITIONAL FEE Financial/computer related services not included in standard fee to VMRD but the Town will provide upon request for a fee of $30 per hour, adjusted annually. Meeting Attendance _ Financial Planning _ ~udget_ Control ;, --- __ - - - -- - ._ _ _ ._ ... . - Preparation-of Month-end~Treasurer's Report - Contract Administration Preparation of Annual Budget . Audit Preparation ^_~_'Fnancial and Computer Training. Cash-Flow-Projections .___ _. _ .__.. _ ., _.-- --_-_-- _ Document, Design and Maintain Accounting Systems for Good Internal Control Maintain Cash Ledger ~nyest__EXcess~Cash - -- - EXHIBIT C PAGE 4 ONE-TIME SERVICES AND PURCHASES The Town will perform these one-time services for VMRD at an hourly rate of $20 plus any direct equipment or service costs. Set up New Accounts with Budget History (1987-1988) Data Transfer Employee Master File Information to VMRD Fixed Asset Input and Reconciliation for VMRD Assets (prior to January 1, 1989) - - _ - Set up Independent Cash Receipting System Dot Matrix Printer (estimated cost $4,000-$7,000) Pension Plan Document and Trust Agreement Modifications to Quarterly Benefit Statement and Reports Personnel Systems and Processes ___. _.. OTHER, _ __ -- -- VMRD will maintain a printer at the recreation offices to: Print Purchase- Orders -- -~-'-~-~---~-- Print Financial Reports Print Daily Cash Reports VMRD is responsible for all their own procurement of supplies and materials. The pay phones in the Ice Arena and the Teen Center shall continue to exist with the Town per its multi-year agreement with U.S. Transcommunications, Inc. U.S. West pay phones shall remain the responsibility of recreation. If the Town performs VMRD's financial services as described herein,`then VMRD-agrees .to bank at the same bank as the Town. The Town and VMRD may contract together for banking services in order to maximize savings. The Town shall notify the District Manager in a timely manner of. any violations of policies or procedures established by the District. The Town Controller shall be notified if any changes are made to policies and procedures established by the District. The Town's accounting staff shall not be held liable for errors and irregularities that may occur if they acted prudently and in conformance with the District's written accounting policies and procedures, or if the District has not provided for written accounting policies and procedures. EXHIBIT C PAGE 5 VMRD shall set up separate accounts with vendors and notify them that all invoices and statements be mailed directly to VMRD's post office box. 12-05-88 AF~LICATIDN TASKS Purchasing and c=ash Disbursements: ------------------------ F.O. preparation Print P.O.s & distribute Distrib!t~e mail Obtain authorization Vouch the invoice Reconcile mo. stints Input claims Write chect;s Hand checks Prepare chk:s f~7r sig Sign chec}a Review chks °t backup Mail Inks File checks ~ stamp paid Payroll: Estimate of Gosis to Provide Accounting Services for the Proposed Vail t•}etropc~litan Recreation District COMP TDTAL SILL r^.ATE DOLLAR VMRD f:OMF' HOURS HRS FEr^.^.. EMF A`1~~~~:T TAS}':S F'L?D rr"'Er^^, MD. FEF' i iD. F'EE' HOUFr'ER hiD. Master file updates Print °< distribute time sheets Time sheet prep Input time Verify batch totals Input voids and handwrites Run a trial register- verify Print °< sign checks Run reports Misc duties (Mainta.in personnel files) Process advances G?uarterly reports Prepare W-2's !2/1'3J89 A4,~FACE ANNUAL SILL RATE RATE FEF: HOUR ------- --------- x x 18 x x 5 x x x x x 32 ~~~.t)0 $13.Oi) $416.00 x 1 l,t1t1 $13.t?Q $13.~p x lt? 10.00 $l~.t)Q $1~Ci.t?U 2. (1Q $11.0() $22.00 x 4. V0 $il.i)ci $44,Ii0 4. CiU $11. CiCI $44.Ot1 fifi ------ ------ Jr'.llQ --------- --------- $lGf1,1)~ ---------- ---------- $?,12~.t?!> $13,33 x 3 3.5U $ib.~5 .$56.88 x 4 3.50 $11.UU $38.5t) x 7 !2. t?C) $1 ! . t?c? $13'~ . c7t) x 1 7, t)0 $13.00 $'31. CiQ x 2 1.50 $16.25 $._'4.33 x 1 1,50 $16.25 $'24.38 x 1 3.00 $! 1.00 $03. C?~ x 1 3.00 $13.t?0 $~9.cJ4 x 3 2.Ci0 $l1.OG $22.00 x 5.00 $16.25 $81.25 x 2.50 $ifi.'25 $4t1,fi3 x $1'25.00 x $110.00 23 44.50 $553.00 $6,'356.00 $13,10 Estimate ~~f Casts to Provide Accounting Services f~?r the Proposed Vaii Metropolitan ~:ecreation District, (_Qi"r^ TOTAL FILL FATE DOLLAF AVEF:AGE AFFLiGATION VMFD COME HOOFS HFS FEF EMF AMOUNT A~tiNUAL RILL FATE TASf;S TASi:S FOD FEF M0. ---------------------- ----- ---- ---- FEF MO. ------- FEF' --- HOU ' ------ FER t.0. -------- FATE F'EF HOOF ------- --------- Cash receipts: ------------------------------- Receipt cash thru the register Close the register and prepare daily sheet Collect bad checks Feview daily sheets °~ pr_~st G.L, Ice arena Gen Fec Nature center Tennis courts Golf deposits Pick up daily cash Ice °a F..ec Male the bank: deposit Ice ~ Rec Cash managemer:t: --------------------- Track interest income Feccmcile bank: accts F'eview bang:: rec's Other accounting activities Feconcile hotel advance dep~~sits Invoice mist charges Prepare sales tax return Feconcile ether G.L. accts Financial reprrts Feview general ledger Maintain fixed asset records x 4{) x x x 8 15.OC1 x 8 5.0~ x 3 3. (1~ x 4 3.75 x 5 5.5O 5.5D -- - - 2(), tii- - - 68 ------ ------ --------- 57.75 --------- --------- Total computer hours Total computer maintenance (% of Actual Costs) Fensi~~n administration (% of Actual Casts) VMA(_ F'FO 1 Si1.~Q 5165.C~Q # 11.00 X55. (0~J()~ 511,E}Il 5,:.3•VV 511.0? 541.25 511.0() ~6C?.5D 511. ()9 56{). 5(1 675.25 ~B,1C?3.C~Q X11.69 1.{)ci Sia.~i() 513.aQ ~. (?{) 513. QU 55~. ()() C}, 5() --------- 52.75 511.33 5,5{) --------- 76.38 - 5916.5Q 513.89 {).5C? 516.5 58.13 1.5() 516.25 524, 38 1.0(~ 516.25 515.25 2.00 516, L5 SJL,.~CI x 2 1.8(~ Sll.i?C? ffi11.0() 1.5{) 52~, 75 534.13 x 2 2. ciG 513. C?() 526.OQ ~ 9.5{) 5152.38 51,82B.5D 516.04 161 51,75 5281.75 53,331.{)D $2{)(1.0{) $2, 44().00 5395.00 Soo, ~7.,. Ci(1 x' ;~ „ % ~ EXHIBIT D DEED OF GIFT • ANIS AGREEMENT ~ . ~ ` i^rXJ~1.f' REEt•iENT made this ~ ~ay of O ~ ~ THIS AG •".~ 1976, by and between the TOWN OF VAIL;-•a Colorado muni pal - -o corporation, and •. • WHEREAS, has offered to • make a gift to the Town of Vail of stock presently held by • in McGraw-Hill, Inc. for the purpose of enabling the Town •to build a regulation size ice rink; and •. - ~ti'HEREAS, the Town has long felt the need for such a facility .and has accepted by Resolution No: 4, Series of ." 1976,•the gift offered ~ • . ~ NOW, THEREFORE, in consideration of the recitals,- mutual promises and agreements herein contained,, the parties .agree as follo~+~s : • •' ~ - (1) hereby agrees to transfer- as a gift to the Towr.~ of Vail sufficier.~ sta~lc iil ticGraw-Hill, Inc. having a value equal to the cost of•purchase and installation of the following: (a) A complete, installed Holmsten Rinkmaster • Direct Liquid Refrigeration ICE RINK including all refrigeration and mechanical equipment necessary for the making of ice for a regulation size ice rink; (b) The boards, dasher shields, and hockey • goals surrounding the rink but not including • benchesMor other enclosures; (~) Restroom and changing facilities; (d) Public address and music system; ~. .._ - First aid station; ~.. .. -- ~ - :~;~ •` - =~- • • - •. " ..- ~ .• ~ (g) Zar•lboni c5r equivalent: .. `~ ~ I ; _ .. ~ ~ _ ~ ~ ~ . and ex~.•erises. ..~ _.~a . ~~.- ~ .. -_ ~ - ~ ~(q) Site preparation, costs. _ P ~-~~` '`; -;• - .-: ~.~ " ~ ~ ~ ~ . - I` .~ '• ' ~. - ~ .~ ~ - t over Twenty five ~Thous~and ... . • ,... " , :: eXPected .to- cost no • - .~ I -. .`~_ ~ •:.: ~" Dollars ($25, 000.00) . :: ~ ... .~ • -~~_-r '. ;, .. N Page 2 =_- AGREEriENT (h) Incidental travel or investigation . expenses that may be incurred by Town officials, •staff, or advisors for the selection of a con- • tractor, design of the rink, or a portion or all of the facility expected to cost not over Five Thousand Dollars ($5,000). (2) The gift shall not exceed stock having a'value of tThree Hundred Fifty-Five Thousand Dollars ($355,000). (3) The above specified gift shall be. made in •f our installments, commencing on May 11, 1976, with the remaining ' expect three installments to be made at mutually convenient times, to be completed prior to December 31, 1976. The first install- ment of the gift shall be 6000 shares being transferred on or before t~iay 11, 1976. (4) The Town of Vail states that it is its intention lace the ice rink on that parcel of property within the to p Town known as Site 24. The Town intends that if it decides to enclose the ice rink within a structure or building in the future, such enclosed facility will be available for ice en. The ~• related activities at least 75$.~of the time it is op Town also intends to provide sufficient staff and advisory services to provide a quality facility that will bean asset to the com.-nunity. The Town further intends: (a) To provide grading, utility relocation or replace~r:_nt, and other site preparation that :;-aY be necessary for the construction of the ice rink; (b) To promptly take all necessary steps to select a contractor and other services so that the ice rink may be substantially co*~pleted by December 31, ~76- . x" ' ~ ~~ ~ AGREEt-,E-~T ~ ~ Page. 3 (cl To keep and _ family fully informed as to progress that. is being made toward planning and completion of the facility. (d) To the extent feasible, to keep the identity of donor, confidential. • EXECUTED on the day and year first above .written. • - State of ~ L''rs~ ) ss: County of -! ~.~1~C~ ) • Subscribed and sworn to by _ this 1~day of 2•iay, 1976. • ~, G ~ G~ ~f~%~~~~ Notary Public 2•iy co~4-nission expires: N07ARY PU~~I~ OF t;i1Y JCRSEY 1~r Commission Ezp~res H~~.em6er 8, 1978 ACCEPTED ATTEST: - • Town Clerk ~' ~ `~ TOt•7N OF VAIL, COLORADO, A Colorado municipal corpo>'ation ~. ~ J ~ _ ` J y: ~ i ~ ~ ~` .1: a j b~l u c ~~:.~ j ~) - ~ , I • i .. RECCONI EXHIBIT E Detail of TOV Payment to VMRD for Provision of Recreation Services - PAYMENT ITEM ------------- AMOUNT ---------------------- TOV Recreation Subsidy ------------ 476,383 Office Support Expenses 5,850 Clnemployment Insurance Costs 2,500 - Personal Computer Repair & Maint. 500 Software Maintenance 788 Coors Classic 14,100 4th of July Youth Event 8,000 Current VMRD Management Fees (29,234) New VMRD Management Fees 33,375 Zamboni Replacement 3,196 Refridgeration Equip. Replacement 5,700 Parking Passes 1,200 TOV Payment to VMRD 522,358 * This amount will be supplemented by a one-time payment of $7,500 for the Zamboni and $12,000 for the refridgeration equipment.