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HomeMy WebLinkAbout1997-03-04 Support Documentation Town Council Evening Session ~ !lA9L TO!lVfV COUNCIL EVENING MEETI~~ TUESDAV, AflARCF9 41997 7:30 P.M. aN TO!! COl91VC8L CFIAMBERS AGENDA . P10T'E: T9PU'B@S Of 0te91'BS 1P~ appPOXYmate, subject 4o change, ancl cannot be reliec? upon to determieae at what tAme Council will consider an 6tem. 1. CITIZEfV PARTICIPATION. (5 mins.) 2. COiVSEiVT AGENDA: A. Approve the Minutes from the meetings of February 4 and 18, 1997. B. Ordinance No. 5, Series of 1997, second reading of an Ordinance Authorizing the Conveyance of Fee Title to the Following Lands in Colorado: Sixth Princiqal iVleridian T. 5 S.. R. 81 W. Sec. 11, that portion of the NE1/4SE1/4 lying northerly of the northerly boundary lines of Vail Heights Filing No. 1, according to the Plan recorded June 25, 1969, in Book 215 at Page 438 and Resubdivision of Buffer Creek according to the Plan recorded October 8, 1993 at Reception #98077; and that portion of the SW1/4SE1/4 lying northerly and westerly of the north and vuest boundary of Vail Das Schone - Filing No. 2, according to the Plan recorded as Reception iVo. 110984 EXCEPT the following parcel: - Beginning at the northwest corner of Lot 10 of Vail Das Schone Filing iVo. 2; thence N 02 degrees 10 seconds E 348.85 feet; thence S 88 degrees 08 minutes E 70.00 feet; thence S 47 degrees 52 minutes 03 seconds E 181.47 feet to a point being the northeast corner of said subdivision Lot 10; thence along the north line of said Lot 20, S 59 degrees 36 minutes 06 seconds W 246.47 feet to the point of beginning; and LESS AiVD EXCEPT a 1.29 acres parcel to be donated by Landowner; Sec. 14, Lots 16, 19, and 21. Containing an aggregate of 76.30 acres, more or less, in Eagle County. To the United States of America. (10 mins.) 3• Ordinance No. 4, Series of 1997, first reading, an ordinance establishing George Ruther Special Development District No. 35, Austria Haus, and providing for a development plan and its contents; development standards; and other provisions; and setting forth details in regard thereto. Applicant: Sonnenalp Properties, Inc., represented by Gordon Pierce. (1 hr.) ACTION REQUESTED OF COUiVCIL: Approve/deny/modify Ordinance RIo.4, Series of 1997, on First Reading. BAC6CGROUND RATIOIVALE: Please see the memorandum prepared by the Community Development Department staff dated March 4, 1997, to the Vail Town Council and the memorandum dated February 24, 1997, to the Planning and Environmental Commission. On February 24, 1997, the Planning and Environmental Commission recommended a conditional approval (6-0-1) of the applicant's request for the establishment of Special Development District No. 35, Austria Haus, located at 242 East Meadow Drive/on a part of Tract C, Block 5-D, Vail Village 1 st Filing. STAFF RECOiVIMENDATION: Approve Ordinance iVo. 4, Series of 1997, on first reading. r , 4. Ordinance No. 6, Series of 1997, first reading of an ordinance repealing Lauren Waterton and reenacting Ordinance No. 17, Series of 1993; An ordinance amending Special Development District No. 29 and providing for a development plan and its contents; permitted, conditional and accessory uses; development standards, recreation amenities tax, and other special provisions; and setting forth details in regard thereto. This is a request for a major amendment to SDD #29 (The Valley, Phase II) to allow for modifications to the previously approved development plan for Tract A(upper development) located at 1502 Buffehr Creek Road. - Applicant: Harold and Barbara Brooks, represented by Steve Isom. (15 . mins). ACTION REQUESTED OF COUNCIL: Approve/Deny/Modify Ordinance 6, Series of 1997, on first reading. BACKGROUND RATIONALE: The applicant is requesting a major SDD amendment to modify the approved development plan for Tract A, of Special Development District #29 (The Valley, Phase II). The property is located at 1502 Buffehr Creek Road, Tracts A-1, A-2, and B-2, Parcel 2, Lions Ridge 2nd Filing. Ordinance No. 6, Series of 1997, implements the revisions to this SDD. The following is a summary of the request. Please refer to the memo to Town Council, the PEC memo, and site plans in the Council packet for more detailed information. • The applicant is requesting to modify the existing platted building envelopes on Tracts A-1 and A-2, to create one building envelope and combine the two tracts into one lot. • The PEC recommended approval of the request subject to 3 conditions. The memo, which details the conditions, is in the Council packet. • The remainder of the plan remains unchanged from the 1993 approval. STAFF RECOMMENDATION: The Community Development Department recommends approval of Ordinance No. 6, Series of 1997, on first reading. . 5. Resolution No. 5, Series of 1997, a Resolution determining the necessity Tom Moorhead of, and authorizing the acquisition of, an easement for street and Larry Grafel sidewalk use on land owned by the FirstBank of Vail, a Colorado banking corporation by either negotiation or condemnation for town public purposes. (5 mins.) 6. Resolution No. 6, Series of 1997, a Resolution determining the necessity Tom Moorhead of, and authorizing the acquisition of, an easement for street and Larry Grafel sidewalk use on land owned by West Vail Mall Corp. by either negotiation or condemnation for town public purposes. (5 mins.) 7. Resolution No. 7, Series of 1997, a Resolution determining the necessity Tom Moorhead of, and authorizing the acquisition of, an easement for street and Larry Grafel sidewalk use on land owned by McDonald's Corporation, a Calorado Corporation by either negotiation or condemnation for town public purposes. (5 mins.) 8. Resolution No. 8, Series of 1997, a Resolution determining the necessity Tom Moorhead of, and authorizing the acquisition of, easements for street and sidewalk Larry Grafel use on land owned by Highland PUD by either negotiation or condemnation for town public purposes. (5 mins.) 9. Resolution No. 9, Series of 1997, a Resolution determining the necessity Tom Moorhead of, and authorizing the acquisition of, easements for street and sidewalk Larry Grafel use on land owned by West Vail Associates, Ltd. by either negotiation or condemnation for town public purposes. (5 mins.) i P A~ ^ 10. Resolution No. 10, Series of 1997, a Resolution determining the Tom Moorhead necessity of, and authorizing the acquisition of, easements for street and Larry Grafel sidevualk use on land owned by Reaut Corporafion by either negotiation or condemnation for town public purposes. (5 mins.) 11. Resolution No. 11, Series of 1997, a Resolution determining the Tom Moorhead necessity of, and authorizing the acquisition of, easements for street and Larry Grafel sidewalk use on land owned by Vail City Corp. by either negotiation or condemnation for town public purposes. (5 mins.) 12. Lionshead Redevelopment AAaster Plan Update on Stage 1 Data Susan Connelly Collection and Site Analysis and Introduction to Stage 2 Program David Kenyon Development ("Wish List") Process. (45 mins.) Ethan Moore ACTIOiV REQUESTED OF COUiVCIL: Approve or modify: (1) "Framework for prioritization of vvish list items" (2) Wish list submittal form, and (3) Stage 2 schedule of activities and decisions points. BAC6CGROUND RATIONALE: Please refer to attached memo. STAFF RECOMMENDATION: Staff recommends that Council approve the three items listed above. 13. An appeal of a variance approval (4-2; Moffet and Pratt opposed, Dirk Mason Aasland absent) made by the Planning and Environmental Commission on February 10, 1997. The applicant was granted a front setback variance of 5' - 6" to allow an additional one-car garage to be constructed at 1034 Homestake Circle/Lot 5, Block 6, Vail Village 7th Filing. Appellant: Diana Donovan. (5 mins.) The app@ocang has Pequested that the item be tabled until Apri@ 1, 1997. ACTION REQUESTED OF COUNCIL: Uphold/modify/overturn the PEC's approval of the variance request. BACKGROUND RATIOiVALE: Materials will be presented prior to the April 1, 1997 meeting, so as not to duplicate packet. STAFF RECONiMENDATIOiV: Staff recommends that the Town Council odertaaPn the Planning.and Environmental Commission's approval of a 5' - 6" front setback variance and recommends that the Town Council make the following findings: 1. That the standards and conditions imposed by the requirements of Title 18 (Zoning) have not been met. 2. That the granting of the variance will constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 3. There are no exceptions, extraordinary circumstances, or conditions that are applicable to this site that apply generally to other properties in the Primary/Secondary Residential zone. In addition, any hardships which have been presented, have been self imposed. 4. The strict interpretation or enforcement of the specified regulation does not deprive the applicant of privileges enjoyed by ovvners of other properties in the Primary/Secondary Residential district. 14. Tovvn Manager Report. (10 mins.) 15. Adjournment - 10:30 p.m. a ~ -~wq NOTE UPCOMING MEETIIVG START TIMES BEL01N: (ALL T1MES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWIV COUNCIL SPECIAL WORK SESSION WILL BE ON TUESDAY, 3/11/97, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE MEETINGS FOR 3/18/97 HAVE BEEN CANCELED. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 3/25/97, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHA9VIBERS. . THE NEXT VAIL TOWN COUNCIL REGULAR EVEfdING MEETING WILL BE ON TUESDAY, 3125197, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAYVIBERS. I I I I I I I Sign language interpretation available upon request with 24 hour notification. Please call 479-2332 voice or 479-2356 TDD for information. C:WGENDA.TC ~~BLIC NOT'CE !!AIL 1'OWN COllNCIL MEETING SCHEDULE (as of 2/26/97) March, 1997 In an attempt to respond to scheduled meeting demands, as well as adhere to mandated ordinance and charter requirements, Council meetings are scheduled at the following times: - , . EVENING MEETIAIGS Evening meetings will continue to be held on the first and third Tuesday evenings of each month, starting at 7:30 P.M. These meetings will provide a forum for citizen participation and public audience for conducting regular Council business. bVORIC SESSIONS Work sessions, which are primarily scheduled for Council debate and understanding of issues before the Council, will now be scheduled to begin at 2:00 P.M. (unless otherwise noted) on everv Tuesday afternoon. THE MARCH 1997 VAIL TOWN COl1NCl9. MEETING SCHEDIlLE IS AS FOLLOWS: Tuesday, March 4, 1997 bUork session...o...a...a 02:00 P.M. (starting time determined by length of agenda) Evening meeting......... 07:30 P.M. Tuesday, March 11. 1997 1A/ork session..a...e..... 02:00 P.M. (starting time determined by length of agenda) Tuesday, March 18, 1997 . Work session.so .......a. NO MEETING Evening meeting....... MEETING ItESCHEDIlLED 1"O 3/25/97 Tuesday, March 25, 1997 Work session..e,........ 02:00 P.M. (starting time determined by length of agenda) Evening meeting......... 07:30 P.M. TOlA/N OF \lAIL Pamela A. Brandmeyer Assistant T'own Manager Sign language interpretation available upon request with 24 hour notification. Please call 479-2332 voice or 479-2356 TDD for information. MEMORANDUM TO: Town Council FROM: Community Development Department DATE: March 4, 1997 SUBJECT: A request for a major amendment to SDD #29, to modify the platted building envelopes and to create one lot, located at The Valley, Phase II, 1502 Buffehr Creek RoadlTracts A-1 and P?-2, Parcel 2, Lions Ridge 2nd Filing Applicant: Harold and Barbara Brooks, represented by Steve Isom Planner: Lauren Vllaterton The applicant is proposing a major amendment to Special Development District (SDD) #29 (The Valley, Phase II), to decrease the number of lots, modify the platted building envelopes and add primary/secondary and two-family dwellings as permitted uses. Tracts A-1 and A-2 are known as the upper development for The Valley, Phase II. These two lots have platted building envelopes vuhich allow for a single-family residence. Both lots share a common access from Buffehr Creek Road. The applicant is proposing to combine these two lots into one lot ( to be knowrn as Tract A). The resulting buitding envelope is1,380 square feet larger than the combined area of the tvvo existing bulding envelopes. See the attached PEC memo for a complete history of this project, the zoning analysis, and site plan. In summary: The appVicant bs request6ng a Pnajor SDD amendment to: 1. Decrease th~ number o$ lots frorn 2 40 1; 2. Change the suze of Ehe buiBding envelope (increase of 1,380 square feet); and 3. Add primary/secondary and fwo-family residential as permitted uses within this 5DD. The number of allowable dwelling units will not change. The applicant is proposing that no more than two units be permitted on the newly created lot, with the allowable GRFA remaining as originally approved (6,443 square feet). All other zoning requirements uvill remain the same. The Planning and Environmental Commission, at its February 10, 1997 meeting, recommended approval (6-0) of this request for a major amendment to SDD #29. This recommendation carries with it the following three conditions: 1. That a minor subdivision, eliminating the common lot line between Tracts A-1 and A-2, be approved by the PEC. 2. That the existing viewing deck (not approved by the Town) be removed by April 1, 1997. 3. That the lot line discrepency between the final plat and the most current survey be resolved to the Town's satisfaction. The Community Development Department recommends approva9 of Ordinance No. 6, Series of 1997, on first reading. > NiEN18RAND1111A TO: Planning and Environmental Commission FROM: Department of Communtty Development DATE: February 10, 1997 , SUBJECT: A request for a major amendment to SDD #29, to modify the platted building , envelopes and to create one prim ary/seco ndary lot, located at The Valley, Phase II, 1502 Buffehr Creek Rd./Tracts A-1 & A-2, Parcel 2, Lions Ridge 2nd Filing. Applicant: Harold and Barbara Brooks Planner: Lauren UVaterton 1. DESCRIPT90Pi OF THE REQUESSf The applicant is proposing a major amendment #o Special Development District (SDD) #29 (The Valley, Phase II), to decrease the number of lots, modify the platted building envelopes and add primary/secondary and two-family dwellings as permitted uses. Tracts A-1 and A-2 are known as the upper development for The Valley, Phase II. These two lots each have a platted building envelope, which allows for a single-family residence. Both lots share a common access from Buffehr Creek Road. The applicant is proposing to combine these two lots into one lot (known as Tract A) and to expand the tvvo existing building envetopes into one envelope (see attachment). In addition to the major amendment, the applicant must submit a minor subdivision application for reviewr and approval by the Planning and Environmental Commission (PEC). At this time, the PEC is reviewing the request for a major SDD amendment to: 1. Decrease the number of lots; 2. Change the size of the building envelope; and 3. Add primary/secondary and two-family residential as permitted uses within this SDD. The number of allowable dwelling units will not change. The applicant is proposing that no more than tvvo units be permitted on the newly created lot, with the allowable GRFA remaining as originally approved (6,443 square feet). All other zoning requirements will remain the same. VV. BAC9CGR09.DND Special Development District #29 (The Valley, Phase II) was approved by Ordinance IVo. 17, Series of 1993. The purpose of adopting SDD #29 was to allow greater flexibility in the development of the land than would be possible under the existing zoning of the property (Residential Cluster). This SDD varies from the underlying zoning in 4 aspects: 1 . 1. Development on slopes greater than 40%; 2. 10' front setback in the lower development, where 20' would have been required: 3. Walls 4' in height in the front setback in the upper development, where 3' would have been required; and 4. A lot in the upper development which does not meet the minimum building envelope (Tract A-1). In order to preserve the natural and scenic features of this site, building envelopes and driveway alignments have been established which designate the areas where development will occur. The public benefits, realized through the adoption of Ordinance No. 17 include: 1. One deed restricted employee housing unit on-site; and 2. The dedication of access easements for common driveways and a pedestrian access. path. III. ZONING ANALYSIS The foliowing analysis is for the upper area development of SDD #29, Tract A, showing the approved zoning standards, as well as the proposed standards. Existin Proposed Tract A-1 Tract A-2 Tract A Lot Area: 0.485 acres 0.375 acres 0.935 acres' Uses: single-family single-family single-family primary/secondary two-family Type II EHU Building Envelope: 3,000 sq. ft. 2,370 sq. ft. 6,750 sq. ft. GRFA*`: 3,397 sq. ft. 3,046 sq. ft. 6,443 sq. ft. GRFA for EHU: 0 0 500 sq. ft. Garage Credit: 600 sq. ft. 600 sq. ft. 1,200 sq. ft. * At this time, there is a discrepancy between a recent survey and the 1994 approved and recorded final plat. Prior to the minor subdivision review, this will be corrected. This includes a 225 sq. ft. credit for each allowable unit, per Section 18.14.09. 2 e VV. CFtrrERBA TO BE IDSED IN EVALUAT9NG TBiIS PROPOSAL Upon review ot Section 18.40.080, Design Criteria, of the Town of Vail Municipal Code, the Community Development Department recommends approval of the major amendment to SDD #29. The recommendation is based upon the following factors: As stated in the Zoning Code, the purpose of the special development district is to: encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of . new development within the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a special development district, in conjunction with a property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district." The following are the nine Special Development District criteria to be utifized by the Planning and Environmental Commission when evaluating SDD amendment proposals: A. Design cornpatibilify and sertsi4iviity to the imrnediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, buelding height, buffer zones, identiYy, character, visual integrity and orientation. Staff believes that the location of the proposed building envelope is reasonable and fits into the site and is compatible with the existing environment. The existing requirement that the building be "benched-in" to the hillside will keep the scale of the building in character with the neighborhood and will limit the site disturbance. S. Uses, activity and density vuhich provide a compa4ible, efficient and workable relationship with surrounding uses and activity. The use of this property as a residential lot is compatible with the existing structures and uses in the vicinity. C. Cornpliance with the parking and loading requirements as ou4lined in Chapter 18.52. Should this major SDD amendment be approved, the applicant must submit an application for Design Review Board approval. At that time, staff will verify that the proposal meets Chapter 18.52. D. Confiorrnity with applicable elements of the Va61 Comprehensive Plan, Town policies and Urban Design Plans. This site is designated as Open Space (OS) in the Land Use Plan. This designation allows development at densities of 1 unit per 35 acres. However, this land is zoned Residential Cluster and the development plan, which was accepted by the Town of Vail upon annexation, has an approved SDD overlay. Therefore, the previous rights for development on this property have been recognized by the Town and are recognized by the current zoning. 3 s The following Land Use Plan goals directly address the subdivision of this land: Goal 1.6 Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be . permitted for some low intensity uses in areas that are not visible from the valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. When this SDD was originally established, the development was required to bench the homes on Tract A into the hillside to reduce site disturbance. This . requirement will not change as part of the amendment and therefore, staff believes this proposal implements this goal. Goal 1.7 New subdivisions should not be permitted in high geologic hazard areas. Goal 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. This site is already platted for two single-family lots. The proposal will make one primary/secondary lot from the existing single family lots. Although the Town of Vail hazard maps identify this area as high hazard rockfall and debris flow, a site specific analysis for this property indicates that the area is actually located in a "moderate" hazard debris flow area. The proposed building envelope does not encroach into the debris flow area. Staff believes this proposal implements the intent of this goal. Goal 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. Staff recommends that a Type II Employee Housing Unit (EHU) be an optional conditional use for this site, but that it not be required as a part of this major amendment. One EHU was required when the SDD was originally approved and is part of the lower development. Staff believes that the major amendment does not create a requirement for any additional employee housing, but that the option should remain available for this site. Staff recommends that an additional 500 sq. ft. of GRFA be available for this EHU. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. According to the Town of Vail hazard maps, the site is located in a high severity rockfall and high debris flow hazard zone. The proposed buitding envelope is located away from the debris flow, although access to the site must cross the debris flow area. According to a study by Nick Lampiris, geologist, the rockfall hazard is actually moderate and the property can be mitigated from this hazard with a substantial foundation wall and limited windows on the north side of the structure. 4 ~ F. Site plan, building design and location and open space provisions designed . to produce a functionaE development responsive and sensitive to natural feaYures, vegetation and overall aesthetic quality of the cornmunity. Staff believes the proposal accomplishes this criterion by limiting development to the platted building envelope. G. A circulation systern designed for both vehicles and pedestrians addressing on and off-site traffic circulation. ' The proposed pedestrian and vehicular access to the site remains unchanged from the 1993 approval and staff believes that the proposal meets this criterion. H. Functional and aesYhetic landscaping and open space in order to optirnize and presenre natural fea4ures, recreation, views and functions. The proposed building envelope will limit the development to preserve the natural features and open space of the site. 1. Phasing plan or subdivision plan that vvill rnaintain a workable, functional and efficient relationship throughout the development of the special development cf istrict. No phasing plan is proposed. V. S'TAFF RECOMMENDATiON Staff recommends that the PEC recommend approval to the Town Council of the applicanYs request for a major amendment to Special Development District #29, subject to the following findings: That the proposed SDD amendment complies with the nine review criteria as stated in Section IV above. The recommendation of approval is also subject to the following conditions: 1. That a minor subdivision, eliminating the common lot line between Tracts A-1 and A-2, be approved by the PEC. 2. That the existing viewing deck (not approved by the Town) be removed by April 1, 1997. 3. That the lot line discrepency between the final plat and the most current survey be resolved to the Town's satisfaction. 5 rt'NC'E t---- , • - - ---CCN'_.-t.s~16BJ46AR W/A[C~M. ;/_-~0[t£~. ,r~[.U.t4---- • - y~- - •'----r-- ~ . ~ • ~ (CiAS/5 J{~ --i;:i'7-`.. 10341 . 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Series of 1997 AN ORDINANCE REPEAL9NG AND REENACTlidG ORDINAIVCE hlOo 17, SEfiIES OF 1993; AN ORDINANCE AMEND9NG SPEC6AL DEVELOPIVIEnIT DISTFtICT NO. 29 (TIiE VALLEY, PHASE @B) AND PROV6DiNG FOR A DEi/ELOPMENT PLA1V AND ITS CONTEIVTS9 PERMITTED, CONDITIOIVAL AND ACCESSORI' USES9 DEVELOPMEBdT STANDARDS, RECREATION AAIIENIT6ES Te4X, AND OTHER SPECIAL PROVISIONS9 AND SETTBNG FORTI-! DE"fA!LS 6N REGARD THEFtETO WHEREAS, Chapter 18.40 of the Vail Municipa! Code authorizes Special Development Districts within the Touvn in order to encourage flexibility in the development of land; and WHEREAS, an application has been made for Yhe amendment of Special Development District (SDD) iVo. 29 for a certain parcel of property within the Town knowrn as The Valley, Phase II, a part of Parcel A, Lion's Ridge Subdivision Filing No. 2; and WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental Commission, on February 10, 1997 held a public hearing on the amended SDD, and has submitted its recommendation to the Town Council; and WHEREAS, all notices as required by Section 18.66.080 have been sent to the appropriate parties; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to amend SDD No. 29; and VUHEREAS, application has been made to the Town of Vail to modify and amend certain sections of Special Development District No. 29, which reiate to Tract A(Upper Development), and which make certain changes in the development plan for Special Development District iVo. 29 as they specifically relate toTract A; and WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of the Municipal Code of the Town of Vail. RIOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUfVCIL OF THE TOWN OF VA1L, COLORADO, THAT: Ordinance No. 17, Series of 1993, is hereby repealed and reenacted, as follows: [Note, Text that is strieken as being deleted and text that is shatlect is being added.] Section 1. Amendment Procedures Fulfilled, Planning Commission Report. The Town Council finds that all the procedures set forth in Chapter 18.40 (Special Development Districts) 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 major amendment of for SDD 29. 1 Ordinance No. 6, Series ot 1997 Section 2. Purposes. Special Development District No. 28.9.9. is established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail. The development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission, and there are significiant aspects of the special development which cannot be satisfied through the imposition of the standards of the Residential Cluster zone district. Section 3. Special Development District No. -28 2 - 0 Established Special Development District No. 2829 (SDD No. 28~9.) is established for the development on two parcels of land. Tract A(upper development area) consists of .880 acres and Tract B-2 (lower development area) consists of 2.418 arcres. Section 4. Development Plan A. The development plan for SDD No. 20 ~ is approved and shall constitute the plan for development within the Special Development District. The development plan is comprised of those plans submitted by Parkwood Realty and consists of the following documents: 1. Final plat of The Valley, Phase II, a resubdivision of Tracts A and B, a part of parcel - A, Lion's Ridge Subdivision Filing No. 2 completed by Intermountain Engineering, Limited dated July 8, 1993. 2. Structural engineering drawings by Ray T. Davis dated July 7, 1993. 3. Soils report for Tracts A-1 and A-2 by Koechlein Consulting Engineers dated June 21, 1993. 4. Site plan of the lower development area (Tract B-2) by Randy Hodges dated April 24, 1993, (Sheet number 1.) 5. Site plan for the upper development area (Tract A) by Randy Hodges dated November 6, 1991, (Sheet number 4.) 6. Detailed analysis of the retaining walls, driveway, prototypical building sections and regrading for the upper development area (Tract A) by Randy Hodges dated July 12, 1992, (Two sheets, unnumbered.) 7. Hazard analysis letters by Nicholas Lampiris, Phd dated September 18, 1992 (two letters) and January 22, 1993. 8. A landscape plan by Randy Hodges dated April 23, 1993, (Sheet number 2.) 9. A drainage plan by Range West, Inc. dated January 28, 1993. 2 Ordinance No. 6, Series of 1997 4 10. Elevations of the seven single tamily homes to be constructed in the lower development area (Tract B-2), (Sheet numbers 7, 9, 11, 13, 15, 17.) These sheets correspond to homes A,B,C,D,E, and F. 11. Floor plans and elevations of residence G, by Randy Hodges dated September 1, 1993 sheet numbers 1, G2, G2a, and G3. This home is to be constructed in the lower development area (Tract B-2), and shall include a Type III employee housing unit, having 534 square feet. Prior to issuance of a building permit for Residence G, the applicant shall sign a deed restriction on a form provided by the Community Development Department which shall conform to all requirements for a Type III employee housing unit, Section 18.57.060. 12. Other general submittal documents that define the development standards of the Special Development District. ~ 3.: To~g~~pt~ic . sc~nre~,; da~ed 1 i271,97 ~enfir~ing th~ pr~po~ec~ bii~~ng ~v~elop:e #o~ Tract B. The development plan shall adhere to the following: 1. Acraae: The site is made up of tvvo parcels: Tract A and B-2, The Valley, Phase I I. Site A is made up of .860 acres and site B-2 is made up of 2.418 acres. 2. Permitted Uses: T£acU:A 1. Single Family residential dwellings ~arn]ty xdi~.l d~q 111i. Primaryfse.Can;daty res~d0ntl~l g$ 4. Open Space 5. Public and private roads 1. Single family residential dwellings 2. Open space 3. Public and private roads 3. Conditional Uses: a. Public utility and public service uses b. Bed and Breakfasts as further regulated by Section 18.58.310 c: T` 0 H;l'<<~Cat~tl>ori>'Tra Y~ 4. Accessory U_sgs• a. Private greenhouses, toolsheds, playhouses, attached garages or carports, 3 ordfnance No. s, series of 1997 swimming pools, patios, or recreation facilities customarily incidental to singfe-family residential uses. b. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190; c. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof; - 5. Setbacks: The setbacks shall be those shown on the site plans for Tract A and Tract B-2, or as provided for with the building envelopes. 6. D n i : Approval of this development plan shall permit nine (9) ' dwelling units, two (2) units located on Tract A and seven (7) s. tl~i..e:f~~rtily units located on Tract B-2. 7. Building Height: Building height shall be 33 feet for a sloping roof. 8. Parkin : Parking shall comply with the requirements of Section 18.52 (Off-Street Parking and Loading). Each unit shall have a minimum of two enclosed parking spaces. 9. GRFA: GRFA for Tracts A and B-2 shall conform to paragraph 11(E) of this ordinance. 10. Landscaping: The area of the site to be landscaped shall be as indicated on the landscape plan. A detailed landscape plan shall be submitted to the Design Review Board for their approval. The Design Review Board approved final landscape plan shall provide at least the minimum number of trees and shrubs shown on the plan prepared by Randy Hodges dated April 23, 1993 reviewed by the Planning and Environmental Commission on July 12, 1993. 11. Design Requirements: At time of DRB submittal, the applicant shall submit drawings that meet the following requirements: a. '?'h e buildings on Tracts A-+-and-,4-2 shall be "benched-in" into the hillside and stepped with the natural contours of the site. Site excavation should be no more than necessary to accommodate the proposed development. Extensive site grading to create a flat building site shall not be permitted. In order to ensure compliance with the above, finished grades on the north, east and west elevations of buildings shall not deviate more than 4 feet from existing grade at any point. b. The Buildings on Tracts A-+-snd-A-2 shall be designed with the internal hazard mitigation recommended by Mr. Nick Lampiris in his hazard analysis 4 Ordinance No. 6, Series of 1997 a dated SepYember 18, 1992 (two letters) and January 22, 1993. c. T#~e Buildings on Tract A-2 shall be designed with a turn-around using the apron in front of the garage eA -envelope. The garage and apron may be located at any point along the southern edge of the envelope. The Fire Department shall require that 35 feet be provided between the front of the . garage door and the far edge of pavement of the drivewray. There shall be a minimum height of 12.5 feet of clearance in the turnaround area to allow for fire truck maneuvering. d. The sod areas shall align writh the existing sod areas of Grouse Glen located to the west of Tract B-2 and the sod type shall match Grouse Glen. e. The GRFA of the proposal shall comply with the following chart. The GRFA allocated for each residence in the lower development area (Tract B-2) and eaeh-envelape, in the upper development area (Tract A) may be modified up to 50 square feet per unit as long as the total GRFA for each tract does not exceed the maximum of 13,623 (13,314 + 309) for the lowrer development area (Tract B-2) and 5993 (6,152 - 159) for the upper development area (Tract A). Lower development area (Tract B-2): Base Floor Credit GRFA - eamenE garage Area' e"fage*- credit A. 1816 225 2041 i6 463 B. 1816 225 2041 #6 493 C. 1845 225 2070 W 493 D. 2148 225 2373 24 486 E. 1675 225 1900 8 492 F. 2157 225 2382 z^6 483 G. 1857+309'° 450 2616 46 459 total 13623 Upper development area (Tract A): A- + oncn nn _ n<7n= 225 Y-i" 2. 23VP 79 m 282T L2J iotel 5993 4 :~"sf3 . ; . E)RB * . - . . Floor areas may charxje by up to 50 square feet from those shown in the "base floor area" column as long as the GRFA does not exceed the total shown for each Vact. "The additional 309 square feet is made up of 159 taken from the lower development area and 150 granted by the Town of Vail. ~ , 5 Ordinance No. 6, Series of 1997 `v g~. Prior to excavation ef-ei#heHbtfildong-site on Tract A, the applicant shall either document that all excavation will occur on-site or shall provide letters from adjacent property owners allowing the excavation to encroach. developfnemt , 't , , „ , Phase ; . , , . E)fdananee Van', . 17, . , pef T. , , 1993 .r 12. Recreation Amenities Tax: The recreation amenities tax is $.30 per square foot. 13. Drainage Plan: Prior to issuance of any building permits within this SDD, the applicant shall provide a drainage plan which meets the standards of the Town Engineer. Section 5. Amendments to the approved development plan which do not change its substance may be approved by the Planning and Environmental Commission at a regularly scheduled public hearing in accordance with the provisions of Section 18.66.060 and 18.40.100. Amendments which do change the substance of the development plan shall be required to be approved by Town Council after the above procedure has been followed. The Community Development Department shall determine what constitutes a change in the substance of the development plan. 6 Ordinance No. 6, Senes ot 1997 a R Section The applicant must begin construction of the Special Development District within 18 months from the time of its final approval, and continue diligently toward completion of the project. If the applicant does not begin and diligently uvork toward the completion of the Special Development District or any stage of the Special Development District. They shall recommend to the Town Council that either the approval of the Special Development District be extended, that the approval of the Special . Development District be revoked, or that the Special Development District be amended. Section 7. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Towrn Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 8. The repeal or the repeal and reenactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right wrhich has accrued, any duty imposed, any violation that occurred prior to the effective date hereof; any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. IIVTRODUCED, READ OiV FIRST READING, APPROVED, AIVD ORDERED PUBLISHED ONCE IIV FULL, this 4th day of March, 1997. A public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Vail, Colorado, on the 25th day of March, 1997 in the Municipal Building of the Town. Robert W. ,4rmour, Mayor ATTEST: Holly L. McCutcheon, Touvn Clerk 7 Ordinance No. 6, Series of 1997 + ry A INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED (IN FULL) (BY TITLE ONLY) THIS day of . 1997. Robert W. Armour, Mayor ATTEST: Holly L. McCutcheon, Town Clerk 8 Ordinance No. 6, Series of 1997 l~5 y7 ~,~r,ua,~a~ AUSTRIA HAUS DE\lELOPMENT GROUP, LLP MEMORANDl1M To: George Ruther - Town Planner From: Gordon Pierce - Applicant for Austria Haus Redevelopment Date: March 3, 1997 Re: Table of the First Reading request until the Marcli 25, 1997 ineeting In light of recent developments, namely newspaper articles challenging the size of the Austria Haus redevelopment which, if implemented, would put at risk requests for substantial off-site iinprovements that are directly tied in to the financial feasibility and success of this proposal, we are asking to table the first reading in front of the Town Council until March 25. After nearly six months of review and numerous changes and suggestions requested by the public at large, adjacent neighbors, the Town of Vail staff, the Planning and Environmental Commission, the Vail Town Council, as well as Jeff Winston, it comes as a surprise that newspaper articles with such strong negative comment should appear prior to a formal presentation before the Town Council. Based on the strong support we have received from the Stafi; the Planning Commission, and the general public, we look forward to a productive meeting with Town Council on March 25. GP\cat MEMORANDUM TO: Vaii Town Council FROM: Community Development Department DATE: March 4, 1997 SUBJECT: A request for the establishment of Special Development District No. 35, Austria Haus, located at 242 East Meadow Drive/on a part of Tract C, Block 5-D, Vail Village 1 st Filing. Applicant: Sonnenalp Properties, Inc., represented by Gordon Pierce Planner: George Ruther DESCR9PTI0N OF THE REQUEST The applicant is proposing to establish a new special development district to facilitate the redevelopment of the existing Austria Haus. The Austria Haus redevelopment proposal is intended to provide additional hotel and "hotel-type" accommodation units in the Town of Vail. The applicant is proposing to incorporate 22 member-owned club units (fractional fee club units with 27 lock-off units), with 26 hotel rooms and one on-site manager's residence (employee housing unit). The applicant is proposing 4,440 square feet of new commercial/retail space on the main level of the Austria Haus. The Austria Haus proposal includes a front desk reception and registration area operating 24 hours a day and seven days a week, a lounge, an exercise room, member ski storage and other accessory facilities commonly associated with hotels and lodges. BAC6CGROUft9D On February 24, 1997, the Planning and Environmental Commission (PEC) recommended approval of the request for the establishment of Special Development District No. 35, Austria Haus and approved a conditional use permit for a Fractional Fee Club. The vote was unanimous (6-0-1 (Pratt.abstained)). The PEC's recommendation for approval carried with it numerous conditions. The PEC's recommending conditions of approval are listed in Section 6 of Ordinance No.4, Series of 1997. PROCESS Chapter 18.40 of the Town of Vail Municipal Code provides for the establishment of Special Development Districts (SDD's) in the Town of Vail. The February 24, 1997 staff memorandum to the PEC details the purpose and criteria for evaluating the merits of a proposed SDD. To summarize: 1 1. The purpose of a Special Development District is: "To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use; to improve the design character and quality of the new development within the Yown; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan." 2. The Approved Development Plan for an SDD establishes the uses and guidelines for development of the subject property. Sections 4 and 5 of Ordinance No. 4 outline the development standards for the Ausiria Haus. 3. The Municipal Code of the Town of Vail provides nine design criteria which shall be used . as the principal criteria in evaluating the merits of the proposed Special Development District. The nine criteria include: 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. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. C. Compliance with parking and loading requirements as outlined in Chapter 18.52. of the Town of Vail Municipal Code. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, ' vegetation and overall aesthetic quality of the community. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. 1. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The staff responded to and addressed each of the above criteria in the staff inemorandum to the PEC. Please refer to the February 24, 1997, Staff Memorandum for details. 2 ZONING e4NA?LVSIS The development standards for a Special Development District shall be proposed by the applicant. Development standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking and loading shall be determined by the Town Council. Before the Town Council approves development standards that deviate from the underlying zone district, it shall be determined that such deviations provide benefits to the Town that outweigh the adverse effects of such deviations. This determination is to be made based upon the evaluation of the proposed Special Development DistricYs compliance with the Review Criteria. The Community Development Department staff has prepared a Zoning Analysis for the proposed Austria Haus redevelopment based on the revised plans submitted by the applicant. The Zoning Analysis compares the development standards outlined by the underlying zone district of Public Accommodation and Ordinance #8 (SDD #12/1984) to the proposed Special Development District #35. Wherever the proposed development standards deviate from the underlying zoning of Public Accommodation, the standards are highlighted in bold 4ype. AUsTRIA HAvs Lot size: 24,069 sq. ft. /0.553 acres Buidable area: 24,089 sq. R. /0.553 acres Development Underlying Zoning Ordinance #8 Proposed Ordinance #4 Standard of Public Accommodation (SDD #12/1984) (SDD#3511997) GRFA: 80% or 19,271 sq. ft. 118% or 28,591 sq. ft. 168% or 40,429 sq. ft. Dwelling units per acre: 13.8 DU's 34.5 DU's 35.5 DU's (22 DU's, (2 DU's & 65 AU's) 26 AU's, 1 Type 111 EHU) Site coverage: 55% or 13,249 sq. ft. 71 % or 68% or 16,371 sq. ft. 17,103 sq, ft. Setbacks: front: 20' N/A 0' sides: 20' N/A 5' / 20' rear: 20' N/A 7' Height: 48' sloping N/A 56.5' 45' flat 52' 60' tower 68' Parking: per T.O.V. code Section 18.52 5 short-term 48 spaces In garage and spaces on-site 16.26 spaces 71 parking spaces pay-in-lieu pay-in-lieu 3 Landscaping: 30% or 7,227 sq. ft. A detailed plan 19.8 % or 4,782.6 sq. ft. was to be submitted for DRB approval Loading: per T.O.V. code Section 18.52 1 berth 1 berth at drop-off area Commercial sq. footage: 10% or 1,927 sq. ft. 36% or 11% or 4,440 sq. ft. 11,555 sq. ft. Common area: 35% of allowable GRFA N/A 38% or 15,308 sq. ft. or 6,745 sq. ft. STAFF RECOMAflENDATION The staff is recommending approval of the request for the establishment of Special Development District #35, Austria Haus. The staff believes that all the review criteria have been met, as identified in this memorandum. We would recommend that the approval carry with the it the conditions recommended by the PEC 4 i ! . ~ 1.' A`0../ STRIA Hd J4l @J YL/ REDEV ELOPME~ l1 IJTAFF MEMORY~DUM 1 AUSTRIA HAUS REDEVELOPMEtdT Staff AAemorandum TABLE OF COfVTENTS 1. DESCRIPTIOPI OF THE REGIUESTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 A. Establishment of a Special Development District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 B. ConditionalUse Permit 2 II. BACKGROUND 2 (II. ZONING AFlALYSIS 3 IV. THE SPECIAL DEVELOPMENT DISTRICT ESTABLISHMENT PROCESS . . . . . . . . . . . . . . . . . . . . . . . . . . 5 (nine SDD Criteria) A. Design compatibllity and sensitivlty to the Immediate envlronment, nelghborhood and adjacent properties relatlve to archltectural deslgn, scale, bulk, bullding helght, buffer zones, Identity, character, visual integrlty and orientatlon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 B. Uses, actlvlty and denslty whlch provlde a compatible, efflclent and workable relatlonshlp with surrounding uses and activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Emplovee Housina Requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 EmploXee Housinci Generation Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 C. CompIlance wlth parking and loading requlrements as outllned In Chapter 18.52. of the Town of Vail MunlclpalCode ..........................................................................13 D. Conformlty wlth the appllcable elements of the Vail Comprehenslve Plan, Town policies and Urban Deslgn Plan ............................................................................14 VaIlLand Use Plan " .•••14 VailVillage Master Plan ...........................................................15 Vail Villaqe Deslqn Conslderatlons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Urban Desl4n Conslderatlons .....................................................18 Archltect Landscape Conslderatlons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 E. Identlflcatlon and mltlgatlon of natural and/or geologlc hazards that affect the property on whlch the speclal development distrlct Is proposed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 F. Site plan, building deslgn and locatlon and open space provlslons deslgned to produce a functlonal development responsive and sensitive to natural features, vegetation and overall aesthetic quality 35 the community . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G. A circulatlon system deslgned for both vehlcles and pedestrlans addressing on and off-site traffic 35 circulation H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreatlon, views and functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 1. Phasing plan or subdivislon plan that wlll maintain a workable, functional and efficient relationship 36 throughout the development of the special development distrlct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V. CRITERIA AND FINDINGS FOR A COPIDITIONAL USE PERMIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 VI. STAFF RECOMMENDATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 ATTACHAAENT 1 A7TACHMENT 2 ATTACHMENT 3 AITACHMENT 4 , } MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: February 24, 1997 SUBJECT:, A request for a final review of the establishment of Special Development District #35, Austria Haus, and a request for a conditional use permit to allow for a Fractional Fee Club, located at 242 East Meadow Drive/on a part of Tract C, Block 5-D, Vail Village First Filing. Applicant: Sonnenalp Properties, Inc., represented by Gordon Pierce Planner: George Ruther 1. DESCRIPT90N OF THE REQlUESTS A. The EsYablishmenY of a Special Development Districk The applicant, Sonnenalp Properties, Inc., represented by Gordon Pierce, is requesting a final review meeting with the Planning and Environmental Commission for the establishment of Special Development District #35, located at 242 East Meadow Drive/on part of Tract C, Block 5-D, Vail Village First Filing. The applicant is proposing to establish a nevv Special Developmen4 Dis4rict overlay to the underlying zone district of Public Accommodation, to facili4ate the redevelopment of the existing Austria 6iaus. The applicant has proposed significant improvements to the existing Austria Haus property. The Austria Haus is intended to become a member-owned resort club/lodge, comprising a mix of hotel accommodation units and two arid three-bedroom club units with associated club amenities/facilities. The Austria Haus proposal is intended to provide additional hotel and "hotel-fype" accommodation units in the Towrn of Vail. $he applicant is proposing to incorporate 22 member-ovdned club unifs (fractional fee club units wiYh 28 lock-off units), wiYh 25 hotel rooms and one on-site manager's residence (employee housing unit). 'B'he applicant is proposing 4,440 square feet of new commercial/refail space on the main level of the Austria Haus. The Austria Haus proposal includes a front desk reception/registration area operating 24 hours a day and seven days a week, a lounge, an exercise room, member ski storage and other accessory facilities comrnonly associated vdith hotels and lodges. The applicant has identified what they believe to be public benefits which will be realized as a result of the Austria Haus redevelopment. The public benefits identified by the applicant include: 1 ~ 1. An increase in the annual occupancy of the Austria Haus by approximately four times. 2. The addition of approximately 4,000 square feet of retail space (sales tax generating). 3. The implementation of the recommended Streetscape Master Plan improvements to East Meadow Drive. 4. The completion of the commercial loop in the Village via the construction of a well-lit, heated pedestrian walkway. 5. The removal of 25 surface parking spaces and the construction of an underground parking structure. 6.. Landscape improvements to Slifer Square, East Meadow Drive and the Gore Creek streambank. B. Conditional Use Permit The applicant is also requesting a conditional use permit to allow for the construction of a Fractional Fee Club as part of the Austria Haus redevelopment. As mentioned previously, the applicant is proposing to incorporate 22 fractional fee club units into the Austria Haus. Each of the club units will be sold in one-ninth shares. On January 21, 1997, the Vail Town Council adopted Ordinance #22, Series of 1996, an ordinance amending Section 18.04, Definitions, adding "Fractional Fee Club" and "Fractional Fee Club UniY", amending Section 18.22.030, Conditional Uses, allowing fractional fee club as a conditional use in the Public Accommodation Zone District, amending Section 18.60.060(A)(7), Conditional Use Permit Criteria-Findings. The review of the Austria Haus proposal will be according the procedures prescribed in Chapter ; 18.60 of the Municipal Code. A copy of Ordinance #22, Series of 1996, has been attached for reference. II. BACKGROUIdD The Austria Haus was originally constructed in the mid-1960's as an inn to accommodate destination skiers. In 1979, the Austria Haus was purchased by th'e Faessler family who planned to redevelop the property into the Sonnenalp Hotel. In 1984, Ordinance #8 was approved by the Vail Town Council establishing Special Development District #12. Special Development District #12 adopted an approved development plan for the redevelopment of the Austria Haus. When Ordinance # 8 was adopted, the Town Council placed an eighteen-month time limit on the approval of the SDD. The approval of SDD # 12 lapsed eleven years ago, on October 2, 1985. The approved development plan was never implemented, and instead, the Austria Haus underwent a remodel. Since the completion of the remodel, the Austria Haus has served as an annex to the Sonnenalp Bavaria Haus located at 20 Vail Road. The Austria Haus has 37 hotel rooms (accommodation units) totaling 10,100 sq. ft. with approximately 75 pillows" and is operated eight months each year by Sonnenalp Properties, Inc. There is a small restaurant and bar in the Austria Haus that serves the guests and a small retail outlet on the east end of the building. The hotel rooms are marginal in size (300 sq. ft. average) and lack certain hotel amenities, by today's standards. 2 1 According to the Official Zoning Map of the Town of Vail, the applicanYs property is zoned Public Accommodation. The Public Accommodation Zone District is intended to provide sites for lodges and residential accommodations for visitors, together with such public and semi-public facilities and limited professional offices, medical facilities, private recreation, and retated visitor-oriented uses as may be located in the same district. The Public Accommodation District is intended to provide sites for lodging units with densities not to exceed 25 dwelling units per acre. The Public Accommodation Zone District, prior to January 21, 1997, did not permit interval ownership. Interval ownership was only allowed as a conditional use in the High Density Multi-Family Zone District pursuant to Ordinance #8, Series of 1981. ` OIL ZONING AN,4LVS9S The development standards for a Special Development District shall be proposed by the applicant. Development standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking and loading shall be determined by the Town Council as part of the approved development plan, with consideration of the recommendations of the Planning and Environmental Commission and staff. Before the Town Council approves development standards that deviate from the underlying zone district, it shall be determined that such deviations provide benefits to the Town that outweigh the adverse effects of such deviations. This determination is to be made based upon the evaluation of the proposed Special Development District's compliance with the Review Criteria outlined in the following section. The Community Development Department staff has prepared a Zoning Analysis for the proposed Austria Haus redevelopment based on the revised plans submitted by the applicant on February 12, 1997. The Zoning Analysis compares the development standards outlined by the underlying zone district of Public Accommodation and Ordinance #8 (SDD #12/1984) to the proposed Special Development District #35. For comparative purposes only, and at the request of the Planning and Environmental Commission, staff has included the approved development standards of Special Development District # 30, (the Vail Athletic Club). Wherever the proposed development standards deviate from the underlying zoning of Public Accommodation, the standards are highlighted in bold type. 3 AUSTRIA HAUS Lot size: 24,089 sq. ft. /0.553 acres Buidable area: 24,089 sq. ft. /0.553 acres Development Underlying Zoning Ordinance #8 Proposed SDD Standard of Public Accommodation (SDD #12/1984) . GRFA: 80% or 19,271 sq. ft. 118% or 28,591 sq. ft. 168% or 40,429 sq. ft. Dwelling units per acre: 13.8 DU's 34.5 DU's 35 DU's (22 DU's, (2 DU's & 65 AU's) 25 AU's, 1 Type III EHU) Site coverage: 55% or 13,249 sq. ft. 71 % or 68% or 16,371 sq. ft. 17,103 sq. ft. Setbacks: front: 20' N/A 0' sides: 20' N/A 5' / 20' rear: 20' N/A 7' Height: 48' sloping N/A 56.5' 45' flat 52' 60' tower 68' Parking: per T.O.V. code Section 18.52 5 short-term 48 spaces in garage and ~ spaces on-site 16.26 spaces 71 parking spaces pay-In-Ileu pay-in-lieu Landscaping: 30% or 7,227 sq. ft. A detailed plan 19.8 % or 4,782.6 sq. ft. was to be submitted for DRB approval Loading: per T.O.V. code Section 18.52 1 berth 1 berth at drop-off area Commercial sq. footage: 10% or 1,927 sq. ft. 36% or 11% or 4,440 sq. ft. 11,555 sq. ft. Common area: 35% of allowable GRFA N/A 38% or 15,308 sq. ft. or 6,745 sq. ft. 4 ~ Vail Athletic Ciub Lot Size: 30,486 square feeU0.699 acre Buildable: 30,486 square feeU0.699 acre Development Underlyfng Zoning Special Development Standard of Pubilc ,4ccommodation District #30 Approval GRFA: ' 80% or 24,388 sq. ft. 113% or 34,505 sq. ft. Dwelling units per acre: 17.5 DU's 33 DU's (4 DU's, 55dU's, 4 Type IV EHU's) Site coverage: 55% or 16,767 sq. ft. 70% or 21,350 sq. ft. Setbacks: front: 20' 0' sides: 20' 12'/12' rear: 20' 2' Height: 48' sloping 67' Parking: per T.O.V. code section 18.52 29 valet spaces (87 spaces) Landscaping: 30% or 9,145 sq. ft. 32% or 9,730 sq. ft. ~ Loading: per T.O.V. code section 18.52 N/A Commercial sq. footage: 10% or 3,049 sq. ft. 13% or 4,066 sq. ft. Common area: 35% of allowable GRFA or 8,536 sq. ft. 44% or 15,054 sq. ft. W. THE SPECIAL DEVEL0PMENT DBSTRICT EST'ABLISHMENT PROCESS Chapter 18.40 of the Town of Vail Municipal Code provides for the establishment of Special Development Districts in the Town of Vail. According to Section 18.40.010, the purpose of a Special Development District is, "To encourage flexibility and creativity in the development of iand, in order to promofe its most appropriate use; to improve the design character and quality of the mew development withun the Town; to facilita4e the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development Dis4rict, Bn conJuraction with the properties underlying zone district, shall establish 5 , , the requirements for guiding development and uses of property included in the Special Development District." The Municipal Code provides a framework for the establishment of a Special Development District. According to the Municipal Code, prior to site preparation, building construction, or other improvements to land within a Special Development District, there shall be an approved development plan for the Special Development District. The approved development plan establishes requirements regulating development, uses and activity within the Special Development District. ~ Upon final review of the proposed establishment of a Special Development District, a report from the Planning and Environmental Cammission stating its findings and recommendations and a staff report shall be forwarded to the Town Council, in accordance with the provisions listed in Section 18.66.060 of the Nlunicipal Code. The Town Council's consideration of the Special Development District shall be in accordance with the provisions of Section 18.66.130 - 18.66.160 and approved by two readings of an ordinance. An approved development plan is the principal document in guiding the development, uses and activities of the Special Development District. The development plan shall contain all relevant material and information necessary to establish the parameters with which the Special Development District shall adhere. The development plan may consist of, but not be limited to, the approved site plan, floor plans, building sections and elevations, vicinity plan, parking plan, preliminary open space/landscape plan, densities and permitted, conditional and accessory uses. The determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as part of the formal review of the proposed development plan. Unless further restricted through the review of the proposed Special ; Development District, permitted, conditional and accessory uses shall be limited to those permitted, conditional and accessory uses in the properties underlying zone district. The Municipal Code provides nine design criteria, which shall be used as the principal criteria in evaluating the merits of the proposed Special Development District. 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 demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The staff has addressed each of the nine SDD review criteria below: 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 staff believes it is helpful to summarize the architectural design issues that have been previously identified by the staff and the PEC, and have been addressed by the applicant over the course of the five preceding worksession meetings. Jeff Winston of Winston & Associates, Inc., has provided consultation on the proposed urban design elements, architecture and site planning proposed by the applicant. Jeff's comments are in response to the revisions made by the applicants after the worksession meeting held on January 13, 1997. Jeff was at the February 10th PEC worksession and discussed his comments. ~ 6 North Elevation 1. The front entry to the Austria Haus was relocated to the west of the building to accommodate guest drop-off and reduce vehicular traffic on East Meadow Drive, east of the existing traffic control gate location. The front drop-off area was also reconfigured to provide better traffic circulation and reduce conflicts between pedestrians and vehicles. 2. The northeast corner of the building was reduced in size to open this portion of , the site to Slifer Square, and to provide additional articulation and visual interest to the north elevation. These changes were made in response to concerns ' expressed by Jeff Winston and the staff. 3. The northeast corner of the building will no longer be used for a bus shelter. The proposed bus shelter was determined to be too far removed from the actual location where a bus will stop. The applicant has proposed a new location for a bus shelter east of the Austria Haus in Slifer Square. The bus shelter has been designed in cooperation with the Town of Vail Public Works Department. 4. The balconies on the north side of the Austria Haus have been eliminated. The elimination is a result of the applicant's desire to increase the square footage of the accommodation units located on the second and third levels of the building. The loss of the balconies has created more building mass along East Meadow Drive, however, staff believes this change has been successfully mitigated by the applicant. South Elevation ~ 1. Staff was concerned that the south elevation was too repetitive, too linear and lacked the architectural interest of the north elevation. The applicant has removed two of the chimney chases from the south elevation in an attempt to eiiminate the repetitive nature of the design. Staff would recommend that the applicant further modify the south elevation as the elevation still appears too repetitive. Staff would again recommend that the applicant explore ways of reducing the repetitive nature of the south elevation. Staff believes these changes are aesthetic in nature and can be addressed at the time of Design Review. 2. The original design proposed commercial retail space on the first level, on the south side of the building. After discussions with the PEC, this space was removed because there was a concern about pedestrian circulation, the need for off-site improvements and potential impacts on adjacent property owners. The commercial retail space was replaced with three, fractional fee club units. East Elevation 1. The eastern end of the building has been reduced in width and the corner "cut back," as recommended, to open up the Austria Haus to Slifer Square. This change also provides a horizontal step in the alignment of the building, along East Meadow Drive. 1 7 2. Concerns were expressed over the use of a flat roof on a portion of the east end of the buiiding. The ffat roof portion has been eliminated and a dormer and exterior deck have been introduced. Staff believes this change results in a much improved east elevation by providing an increase in architectural interest and detail. West Elevation .g 1. The west end on the Austria Haus has been changed substantially in response to concerns raised by the staff, Jeff Winston, Village Center merchants and the adjoining property owners. The applicant originally proposed a much taller west elevation and a covered garage entry. The covered entry has been removed to reduce building mass and eliminate building encroachments into the 20-foot side setback. The height of the west elevation has been reduced by further clipping the hip back, lowering the eaveline and dropping the ridge elevation. 2. The west end of the building was increased slightly in width. The increased width allows the northwest corner of the building to move closer to East Meadow Drive, improving the streetscape. 3. Additional landscaping plantings are proposed along the western end of the building. The additional landscaping is intended to screen the garage entrance from the Village Center residential units and buffer the vehicle activity in this area. The landscaping extends onto Village Center property. A copy of an approval from Village Center has been attached for reference. Staff believes the applicant has designed a structure which relates well to the site and the surrounding neighborhood. The mass of the Austria Haus is appropriate for the site and takes into consideration the massing of the buildings on the adjoining properties. The building steps down on the east and west ends to insure a smooth transition between properties and does not create an imposing "canyon" along property lines. The north side of the Austria Haus was designed with a pedestrian scale in mind. The retail shops on the north side of the Austria Haus create a commercial connection along East Meadow Drive, beiween Slifer Square and the Village Center retail shops. The commercial connection has been missing along this portion of East Meadow Drive and staff believes that the Austria Haus will enhance the character of the Village. The exterior building materials of the Austria Haus are a mixture of stone, stucco and wood. The roof material is proposed to be a reddish, tile-type roof similar to the material used on the Sonnenalp Bavaria Haus. The applicant has proposed to incorporate irrigated flower boxes into the design of the structure. The use of divided light windows all around the building creates a European-feel and reduces the appearance of too much glass. Staff believes that the combination of building materials has been well incorporated into the design of the Austria Haus. The applicant has proposed that the exterior stucco color be an off-white to yellowish/cream color to blend in with the exteriors of the Mountain Haus and the Village Center buildings. The height of the Austria Haus exceeds the allowable building height of the Public Accommodation Zone District by approximately nine feet. The development standards for the underlying zone district indicate that the maximum height for 6uildings with sloping roofs shall be 48 feek. The applicant is requesting that the maximum building height for the Austria Haus be approximately 57 feet. The 57-foot building height is based on existing (1997) topography of the Austria Haus property, and not the original topography of the site (pre-1963). Original topography of the site is not available, since tlie Austria Haus was constructed in Vail prior to zoning (and prior to the requirement that a . 8 topographic survey be submitted prior to development). Staff believes, based upon the location of the existing retaining walls and the condition of the streambank, that the site was "cuY" when the Austria Haus was built. While it is difficult to know exactly how much of the site was "cuY", staff would conservatively estimate that approximately 2- 3 feet of soil was removed. Given this conservative consideration, staff would estimate the actual building height proposed for the Austria Haus would be 54 - 55 feet. According to the Vail Village Nlaster Plan Conceptual Building Height Plan, the Austria Haus should be 3-4 stories in height, with a building story being approximately nine feet, excluding the roof. The plan further indicates that one additional floor of residential/lodging may also be . accommodated on the Austria Haus site. B. 9.Dses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The Austria Haus is located immediately adjacent to the Vail Village Commercial Core. The Austria Haus is bound on the east by Slifer Square and the Mountain Haus, on the west by the Village Center residential/commercial buildings and on the south by Gore Creek, the Covered Bridge Building, Gasthof Gramshammer and the Creekside Building. Each of these buildings are a mixed-use development incorporating commercial/retail space with residential and/or accommodation units. The applicant is proposing a mixed-use development that is in compliance with the uses allowed in the underlying zone district. The underlying zoning of Public Accommodation encourages the development of lodges (accommodation units) and accessory eating, drinking and retail establishments at a density of twenty-five dwelling units per acre. The applicant is proposing to redevelopment the Austria Haus at a density of 35 dwelling units per acre, with 4,440 sq. ft of commercial/retail space on the main level of the building. ; Included in the density figure are twenty-two member-owned club units (fractional fee), twenty-five hotel rooms (accommodation units) and one on-site manager's residence (Type III, Employee Housing Unit). The applicant's proposal differs greatly from the existing use of the property. Currently, the Austria Haus includes thirty-six accommodation units, and one dwelling unit, equaling nineteen dwelling units per acre, a restaurant and a limited amount of commercial/retail space on the east end of the building. Parking at the Austria Haus is accommodated by a twenty-five space surface parking lot. Of the twenty-five spaces, fifteen are considered legal, non-conforming parking spaces. The other ten spaces are off-site and are not considered legal parking spaces for zoning purposes. An informal loading/delivery/trash area exists on the west end of the building. Employee Housinq Requirements As indicated in a number of the goals and objectives of the Town's Master Plans, providing affordable housing for employees is a critical issue which should be addressed through the planning process for Special Development District proposals. In reviewing the Austria Haus proposal for employee housing needs, staff relied on the Town of Vail Employee Housing Report. The Employee Housing Report, was prepared for the Town by the consulting firm Rosall, Remmen and Cares. The report provides the recommended ranges of employee housing units needed based on the type of use and the amount of floor area dedicated to each use. Utilizing the guidelines prescribed in the Employee Housing Report, the staff analyzed the incremental increase of employees (square footage per use), that result from the Austria Haus redevelopment. A copy of the " Suqgested Em I~oyment , 9 Categories and Ranaes for Vail Expressed as Em i~oyees per 1000 Square FeeY' has been attached for reference. The figures identified in the Housing Report are based on surveys of commercial-use employment needs of the Town of Vail and other mountain resort communities. For comparison purposes, Telluride, Aspen and Whistler B.C. all have "employment generation" ordinances requiring developers to provide affordable housing for a percentage of the "new" employees resulting from commercial development. "New" employees are defined as the incremental increase in employment needs resulting from . commercial redevelopment. Each of the communities assesses a different percentage of affordable housing a developer must provide for the "new" employees. For example, Telluride requires developers to provide housing for 40% (0.40) of the "new" employees, Aspen requires that 60% (0.60) of the "new" employees are provided housing and Whistler requires that 100% (1.00) of the "new" employees be provided housing by the developer. In comparison, Vail has conservatively determined that developers shall provide housing for 15% (0.15) or 30% (0.30) of the "new" employees resulting from commercial development. When a project is proposed to exceed the density allowed by the underlying zone district, the 30% (0.30) figure is used in the calculation. If a project is proposed at, or below, the density allowed by the underlying zone district, the 15% (0.15) figure is used. The Austria Haus Special Development District proposal exceeds the density permitted by the underlying zone district, and therefore, the 30% figure shall be used. According to the applicant, in 1997, Sonnenalp Properties, Inc., will need to employ 36 individuals to operate the existing Austria Haus. This employee figure takes into account the maximum staffing requirement for the Christmas and President's Day weeks. Of the 36 individuals, five are needed to staff the front desk, 13 are required for housekeeping purposes, 16 are needed to operate the bar and restaurant, and the remaining two individuals are needed to provide other facilities support functions. Sonnenalp Properties, Inc. has provided proposed employment figures for the operation of the redeveloped Austria Haus. Sonnenalp Properties, Inc. estimates a need for approximately 32 employees, plus an unknown retail need. Excluding retail, this figure indicates a slight reduction in the employment need. The reduction in employment need is due to the removal of the bar and restaurant operation from the Austria Haus. After redevelopment, the Sonnenalp will only be providing continental food service to the guests of the Austria Haus. A copy of the "Austria Haus Staffina Roster" has been attached for reference. ENiPLOYEE A-IOUSIYdG CaEfdERATION AOV/4LYSIS The staff analysis below indicates the top, the middle and the bottom of the ranges recommended by the Town of Vail Employee Housing Report, as well as a staff recommended figure which was used in determining the employee housing needs of the Austria Haus. A summary of the Employee Housing Generation Analysis is as follows: 10 } Bottom of Range Calaulations: a) Retail/Service Commercial = 3,660 sq. ft. @(5/1000 sq. ft.) =18.3 employees b) Office: Reai Estate = 780 sq. ft. @(6/1000 sq. ft.) = 4.7 employees c) Lodging* = 25 units @(0.25/room) = 6.2 employees d) Multi-Family (club units) = 22 units @(0.4/unit) = 8.8 employees , Total =38.0 employees (-36 existing employees) = 2 employees (X 0.30 multiplier) =1 new ernployee Middle of Fiange Calculations: a) Retail/Service Commercial = 3,660 sq. ft. @(6.5/1000 sq. ft.)=23.8 employees b) Office: Real Estate = 780 sq. ft. @(7.5/1,000sq. ft.) = 5.9 employees c) Lodging'` = 25 units @(0.75/room) =18.7 employees d) Multi-Family (club units) = 22 units @(0.4/unit) = 8.8 employees Total =57.2 employees (-36 existing employees) =22 employees (X 0.30 multiplier) = 7 neve employees Top of Range CaIGUlations: a) Retail/Service Commercial = 3,660 sq. ft. @(8/1000 sq. ft.) =29.3 employees b) Office: Real Estate = 780 sq. ft. @(9/1000 sq. ft.) = 7.0 employees c) Lodging* = 25 units @(1.25/room) =31.2 employees d) Multi-Family (club units) = 22 units @(0.4/unit) = 8.8 employees Total =76.3 employees (-36 existing employees) =41 employees (X 0.30 multiplier) =13 new employees ~ ;11 Staff Fiecommended Range Calculations: The staff believes that the Austria Haus redevelopment will create a need for 34 additional employees. Of the 34 additional employees, at least 11 employees (30%) will need to be provided deed-restricted housing by the developers of the Austria Haus. The staff recommended range is based on: 1. the type of retail and office use proposed in the commercial space within the Austria Haus; , 2. the size of the Austria Haus lodging component; and 3. the high-level of services and amenities proposed by the developers for the guests of the Austria Haus. a) Retail/Service Commercial = 3,660 sq. ft. @(6.5/1000 sq. ft.)=23.8 employees (middle of range) b) Office: real estate = 780 sq. ft. @(7.5/1000 sq. ft.) = 5.9 employees (middle of range) c) Lodging" = 25 units @(1.25/room) =31.2 employees (top of range) d) Multi-Family (club units) = 22 units @(0.4/unit) = 8.8 employees (range does not vary) Total =69.7 employees (-36 existing employees) =34 employees (X 0.30 multiplier) =11 new employees 'Lodging has a particularly large variation of employees per room, depending upon factors such as size of facility and level of service/support services and amenities provided. Depending upon the size of the employee housing unit provided, it is possible to have up to two employees per bedroom. For example, a two-bedroom unit in the size range of 450 - 900 square feet, is possible of accommodating three to four employees. These figures are consistent with the requirements for the Type III empioyee housing units outlined in the Municipal Code. The applicant has indicated the many of the Austria Haus' operational and functional needs will be met by combining services with the Sonnenalp Bavaria Haus. For example, the following services will be shared with the Bavaria Haus: e Marketing and Sales ~ Accounting ~ Reservations ¦ Laundry Facilities a Room Service ¦ Employee Cafeteria a Human Resources - ¦ Purchasing ¦ Trash Removal , ~ 12 While it makes sense from a operational standpoint for the Austria Haus to share certain operational and functional needs with the Bavaria Haus, there is some question as to whether the Austria Haus should be required to be a stand-alone operation. Staff further questions how the delivery of goods (linens, trash, food, etc.) will be accomplished and whether an adequate amount of common storage space for housekeeping purposes is being provided. The use of East fVieadow Drive for the delivery of goods and services has been increasing, resulting in pedestrian conflicts and traffic congestion, and therefore, additional delivery vehicle traffic should be avoided. Staff would recommend that the applicant address these issues and concerns with the PEC. Overall, staff believes that the density and uses proposed by the applicant for the Austria Haus do not conflict with fhe compatibility, efficiency or workability of the surrounding uses and/or activities. In fact, staff feels that the proposed Austria Haus redevelopment will enhance the existing uses and activities in the Village. C. Compliance with parEcing and loading requirernents as outlined in Chapter 18.52. of the Town of Vail Municipal Code. Parking and loading requirements for development are established in Chapter 18.52 of the Municipal Code. The parking and loading requirements are based on the square footage of the uses proposed within a building. Based on the square footage of the uses proposed by the applicant, 79.26 parking spaces and one loading/delivery berth are required on-site. The Municipal Code allows "grandfathering" of the existing legal non- conforming parking spaces. Currently, fifteen legal, non-conforming parking spaces exist on the property. Therefore, the parking requirement for the proposed Austria Haus redevelopment is 64.26 new parking spaces. The applicant is proposing an underground parking structure designed to accommodate forty-eight parking spaces and an enclosed trash facility. This leaves 16.26 additional parking spaces required. The applicant is proposing to meet the additional parking requirement by paying into the Town of Vail Parking Fund. Parking spaces are currently valued at $16,333.38. The cost per parking space will increase on January 1, 1997, as the figure is adjusted based on the Consumer Price Index. The applicant will be required to pay-in-lieu at the designated rate, at the time of building permit application. The Town of Vail Finance Department states that the 1997 adjusted rate is not yet available. It is believed the adjusted rate wiH be available by Niarch 1, 1997. ' The applicant is proposing one loading/delivery berth in the front entry drop-off area, located on the north side of the building, adjacent to East Meadow Drive. Much of the drop-off area is within Town of Vail right-of-way. Staff recognizes that this area is conveniently located near the entrances to the front desk and the commercial/retail shops, however, we feel that the use of the drop-off area may be compromised by the loading and delivery of goods. In staff's opinion, the front entry drop-off area should be used by the guests of the Austria Haus. Staff believes that trying to accommodate loading and delivery in this area will result in conflicts between guests, vehicles accessing the parking structure, and delivery trucks. Staff would recommend that the applicant revisit the alternative of providing the loading and delivery facility in the underground parking structure. Staff understands this is not the desire of the owners of the Village Center Condominiums, yet we believe the impact can be mitigated with appropriate screening. ~ 13 D. Conformity with the applicabie elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. Vail Land Use Plan The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process of establishing a new Special Development District. Staff has reviewed the Vail Land Use Plan and believes the following policies are relevant to the review of this proposal: ' 1.:: General Growth/Deveiopment 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 upgrade whenever possible. 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill). 1.13 Vail recognizes its stream tract as being a desirable land feature as well as its potential for public use. 3. Commercial , 3.1 The hotel bed base should be preserved and used more efficiently. 3.2 The Village and Lionshead are the best location for hotels to serve the future needs of the destination skier. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 4. Village Core/Lionshead 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2 Increased density in the Core areas is acceptable so Iong as the existing character of each area is preserved through the implementation of the Urban Design Guide Plan and the Vail Village Master Plan. } 14 5. Residential 5.1 Quality timeshare units should be accommodated to help keep occupancy rates up. Staff believes the proposed establishment of the new Special Development District (#35) is in concert with the goals and policies of the Vail Land Use Plan as outlined above. Vail Village Master Plan ~ The Vail Village Master Plan is intended to serve as a guide to the staff, review boards and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with the such development. The staff has identified the following goals, objectives and policies as being relevant to this proposal: Goal #1 Encourage high quality redevelopment vvhile preserving the unique architectural scale of the Village in order to sustain its sense of cornrnunity and identity. 1.1 Objective: Implement a consistent Development Review Process to reinforce the character of the Village. 1.1.1 Policv: Development and improvement projects approved in the Village shall be consistent with the goals, objectives, policies and design considerations as outlined in the Vail Village Master Plan and Urban Design Guide Plan. 1 1.2 Objective: Encourage the upgrading and redevelopment of residential and commercial facilities. 1.2.1 Policv: Additional development may be allowed as identified by the action plan as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. 1.3 Objective: Enhance new development and redevelopment through public improvements done by private developers working in cooperation with the Town. 1.3.1 Policv: Public improvements shall be developed with the participation of the private sector working with the Town. Goal #2 To $os4er a strong touris4 industry and proenote year-round economic health and viability fior the Village and fior the community as a vuhole. 2.10 bjective: Recognize the variety of land uses found in the 10 sub- areas throughout the Village and allow for development that is compatible with these established land use patterns. 15 } ~ 2.3 Ob'Pci tive: Increase the number of residential units available for short- term, overnight accommodations. 2.3.1 PolicL The development of short-term accommodation , units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that makes them available for short-term overnight rental. 2.4 Objective: Encourage the development of a variety of new commercial ' activity where compatible with existing land uses. 2.5 Obeective: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. 2.5.1 Policy: Recreation amenities, common areas, meeting facilities and other amenities shall be preserved and enhanced as a part of any redevelopment of lodging properties. 2.6 Obm.ective: Encourage the development of affordable housing units through the efforts of the private sector. 2.6.1 Policv: Employee housing units may be required as part of any new or redeveloped project requesting density over that allowed by existing zoning. Goal #3 To recognize as a top priority the enhancement of the walking experience throughout the Village. 3.1 Ob'ective: Physically improve the existing pedestrian ways by landscaping and other improvements. 3.1.1 Policy: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. 3.1.3 Policy: Flowers, trees, water features and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. 3.2 Objective: Minimize the amount of vehicular traffic in the Village to the greatest extent possible. 3.2.1 Policv: Vehicular traffic will be eliminated or reduced to absolutely minimal necessary levels in the pedestrianized areas of the Village. 16 ~ , . , 3.4 Objective: Develop additional sidewalks, pedestrian-only walkways ' and accessibie green space areas, including pocket parks and stream access. 3.4.2 PolicyL. Private development projects shall be required to incorporate new sidewalks along streets adjacent to the project as designated in the Vail Village Master Plan and/or Recreation Trails Master Plan. Goal-#4 To preserve existing open space areas and expand green space , opportunities. 4.1 Objective: Improve existing open space areas and create new plazas with green space and pocket parks. Recognize the different roles of each type of open space in forming the overall fabric of the Village. 4.1.4 Policy: Open space improvements, including the addition of accessible green space as described or graphically shown in the Vail Village Master Plan and/or Urban Design Guide Plan, will be required in conjunction with private infill or redevelopment projects. Goal #5 Uncrease and improve 4he capacity, eificiency and aesthetics ofi 4he fransportation and circulation system throughout the Village. 5.1 Objective: Meet parking demands with public and private parking ~ facilities. 5.1.1 Policy; For new development that is located outside of the Commercial Core 1 Zone District, on-site parking shall be provided (rather than paying into the parking fund) to meet any additional parking demand as required by the Zoning Code. 5.1.5 Policy: Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. Goal #6 To insure the continued improvement of the vital operational elements of the Village. 6.1 Objective: Provide service and delivery facilities for existing and new development. Vail Villaqe Master Plan and Buildinq Hei ng t Plan Generally speaking, it is the goal of the Building Height Plan to maintain the concentration of low-scale bu+ldings in the Core area, while positioning larger buildings along the northern periphery. According to the Conceptual Building Height Plan contained within the Vail Village Master Plan, the Austria Haus is located within an area proposed to have building heights of a maximum range of three to four stories. A building story is defined as 9' of height, not including the roof. ~ 17 ~ Vail Village Master Plan Action Plan According to the Action Plan, the Austria Haus property is an area intended for residential/lodging infill along the south side of the property and commercial infill along the north side of the property. According to the Vail Village Master Plan, the Austria Haus property is located within mixed-use sub-area #1-8, Sonnenalp (Austria Haus)/Slifer Square: "Commercial infill along East Meadow Drive to provide a stronger edge to street and commercial activity generators to reinforce the pedestrian loop throughout the Village. Focus of infill is to provide improvements to pedestrian circulation with separated walkway including buffer, along East Meadow Drive. Accommodating on-site parking and maintaining the bus route along East Meadow Drive are two significant constraints that must be addressed. One additional floor of residential/lodging may also be accommodated on this site. Specific emphasis should be placed on the following Vail Village Master Plan objectives: 2.3, 2.4, 2.6, 3.1, 3.2, 3.3, 3.4, 4.1, 5.1, 6.1." Vail Villaae Design Considerations The Town of Vail adopted the Vail Village Design Considerations in 1980. The Design Considerations were revised in 1993. The Design Considerations are considered an integral part of the Vail Village Urban Design Plan. The Design Considerations are intended to: ? guide growth and change in ways that will enhance and preserve the essential ; qualities of the Village; and ? serve as design guidelines instead of rigid rules of development; and ? help influence the form and design of buildings. The Vail Village Design Considerations are divided into two categories (urban design considerations and architectural/landscape considerations): ' 1. URBAN DESIGN CONSIDERATIONS These considerations relate to general, large-scale land use planning issues, as well as form considerations which affect more than one property or even whole areas. These considerations are primarily the purview of the Planning and Environmental Commission. A. PEDESTRIANIZATION A major objective for Vail Village is to encourage pedestrian circulation through an interconnected network of safe, pleasant pedestrian ways. Many of the improvements recognized in the Urban Design Guide Plans, and accompanying Design Considerations, are to reinforce and expand the quality of pedestrian walkways throughout the Village. Since vehicular traffic cannot be removed from certain streets (bus routes, delivery access), a totally care-free pedestrian system is not achievable throughout the entire Village. Therefore, several levels of pedestrianization have been identified. The level of pedestrianization most appropriate for the proposed Austria Haus redevelopment is the joint vehicle/pedestrian use of the roadway. ~ 18 0 Staff Response: The applicant has met on numerous occasions with the Town staff to discuss pedestrian improvements. The staff has concluded that the improvements recommended for East Meadow Drive in the 1991 Town of Vail Streetscape Master Plan should be implemented. This includes a reduction in street width from 30 feet to 26 feet (14 foot bus lane and 12 foot attached, paver pedestrian walk). The applicant is further proposing to construct a 12 - 20 foot wide, heated pedestrian walkway immediately adjacent to the north side of y the building. Staff believes that these improvements reinforce and significantly improve the pedestrian walkways throughout the Village by providing places for people to walk w'ithout forcing them into the bus lane. The creative use of concrete unit pavers emphasizes the pedestrian character and offers a clear and attractive pedestrian route. The retail space on the main level of the Austria Haus closes the commercial loop from Slifer Square to Village Center. B. VEHICLE PENETRATION To maximize to the extent possible, all non-resident traffic should be routed along the Frontage Road to Vail Village/Lionshead Parking Structures. In conjunction with pedestrianization objectives, major emphasis is focused upon reducing auto penetration into the center of the Village. Vail Road and Vail Valley Drive will continue to serve as major routes for service and resident access to the Village. Road constrictions, traffic circles, signage, and other measures are indicated in the Guide Plans to visually and physically discourage all but essential vehicle penetration upon the Frontage Road. Alternative access points and private parking relocation, where feasible, should be considered to further reduce traffic conflicts in the Village. 0 Staff Re, onse: The redevelopment of the Austria Haus will increase vehicular traffic on Village Center Road. According to the Environmental Impact Assessment-Austria Haus Redevelopment, prepared by Design Workshop, Inc.: "A slight increase automobile traffic is expected because of the projected increase in the number of visitors generated annually by the project. V1lhat is not known, however, is how many of these additional guests will arrive by car; it is likely the largest number of guests will continue to arrive in the winter and that most will arrive by van from the airport. Van deliveries will increase somewhat. Those guests that arrive in their own car are likely to leave the car in the garage after they arrive, as the center village Iocation of the project eliminates the need for a car. If there is a potential for congestion anywhere, it is most likely to be in the small drop-off parking area in front of the building, where check-ins, deliveries and lost drivers may converge. To some extent, this can be mitigated by improved roadway directional signs, speedy guest valet service, careful management of deliveries and incentives to encourage guests to leave their cars at home." Along with the increase in automobile traffic, there will be an increase in delivery vehicle traffic due to an increase in the commercial square footage on the property. The applicants anticipate that deliveries to the retail shops will likely arrive via UPS or similar types of couriers. Deliveries are to be accommodated in the drop-off area in the front of the building. 19 Staff agrees with Design Workshop's assessment of the potential traffic impacts. While there will likely be an increase in traffic on Village Center Road, there will not be an increase in traffic on the pedestrian portion of East Meadow Drive. The traffic control gate located at the intersection of Village Center Road and East Meadow Drive will continue to prohibit all vehicle traffic except Town of Vail buses. Staff feels the applicant has addressed traffic issues to the extent possible. C. STREETSCAPE FRAMEWORK To improve the quality of the walking experience and give continuity to the pedestrian ways, as a continuous system, two general types of improvements adjacent to the walkways are considered: 1. Open space and landscaping, berms, grass, flowers and tree planting as a soft, colorful framework linkage along pedestrian routes; and plazas and park greenspaces as open nodes and focal points along those routes. 2. Infill commercial storefronts, expansion of existing buildings, or new infill development to create new commercial activity generators to give streetlife and visual interest, as attractions at key locations along pedesirian routes. It is not intended to enclose all Village streets with buildings as in the core areas. Nor is it desirable to leave pedestrian streets in the open in somewhat undefined condition evident in many other areas of Vail. Rather, it is desired to have a variety of open and enclosed spaces, both built and landscaped, which create a strong framework for pedestrian walks, as well as visual interest and activity. . • Staff Res op nse: The Austria Haus redevelopment improves the streetscape framework through the creation of new commercial activity and increases visual interest along East Meadow Drive. As stated previously, staff believes the proposed redevelopment closes the critical commercial loop in the Village and provides new street life where very little currently exists. ' D. STREET ENCLOSURE While building facade heights should not be uniform from building to building, they should provide a"comfortable" enclosure for the street. Pedestrian streets are outdoor rooms, whose walls are formed by the buildings. The shape and feel of these "rooms" are created by the variety of heights and massing (3- dimensional variations), which give much of the visual interest and pedestrian scale unique to Vail. Very general rules, about the perception of exterior spaces have been developed by designers, based on the characteristics of human vision. They suggest that: "an external enclosure is most comfortable when its walls are approximately 1/2 as high as the width of the space enclosed; if the ratio falls to 1/4 or less, the space seems unenclosed; and if the height is greater than the width it comes to resemble a canyon". 20 In actual application, facades are seldom uniform in height on both sides of the street, nor is this desired. Thus, some latitude is appropriate in the application of this 1/2 to 1 ratio. Using the average facade height on both sides will generally still be a guide to the comfortableness of the enclosure being created. In some instances, the "canyon" effect is acceptable and even desirable. For example, as a short connecting linkage between larger spaces, to give variety to the walking experience. For sun/shade reasons it is often advantageous to orient any longer segments in a north/south direction. Long canyon streets in an easUwest direction should generally be discouraged. When exceptions to the general height criteria occur, special consideration should be given to create a well-defined ground floor pedestrian emphasis to overcome the "canyon" effect. Canopies, awnings, arcades and building extensions can all create a pedestrian focus and divert attention from the upper building heights and "canyon" effect. 0 Staff Response: East Meadow Drive, and the pedestrian walkway adjacent to the Austria Haus, averages approximately 50 feet in width. The Austria Haus (eaveline) adjacent to East Meadow Drive and the pedestrian walkway is approximately 30 feet in height. Given that East Meadow Drive is enclosed only on one side, and the arcade and landscaping creates an emphasis on the ground level of the building, staff believes the proposed Austria Haus creates a"comfortable" enclosure of the street and does not create a"canyon" effect. E. STREET EDGE Buildings in the Village core should form a strong but irregular edge to the street. Unlike many American towns, there are no standard setback requirements for buildings in Vail Village. Consistent with the desire for intimate pedestrian scale, placement of portions of a building at or near the property line is allowed and encouraged to give strong definition to the pedestrian streets. This is not to imply continuous building frontage along the property line. A strong street edge is important for continuity, but perfectly aligned facades over too long a distance tends to be monotonous. With only a few exceptions in the Village, slightly irregular facade lines, building jogs, and landscaped areas, give the life to the street and visual interest for pedestrian travel. Where buildings jog to create activity pockets, other elements can be used to continue the street edge: low planter walls, tree planting, raised sidewalks, texture changes in ground surface, arcades, raised decks. Plazas, patios, and green areas are important focal points for gathering, resting, orienting and should be distributed throughout the Village with due consideration to spacing, sun access, opportunities for views and pedestrian activity. } 21 • Staff Response: Initially, the Austria Haus design lacked the irregular street edge of other properties in Vail Village. The applicant, at the request of the staff and PEC, has attempted to introduce a more irregular street edge through the horizontal stepping of the building on the east and west ends. The east end of the building has been stepped back 10 feet from the property line and the northeast corner has been cutback an additional 3-1/2 feet, opening this end of building up to Slifer Square. The front entry tower was moved to the west end of the building and the west-end of the building was stepped towards the street. While it would be the staff's desire to see more stepping in the building, staff recognizes the constraints in doing so. Staff believes the irregular configuration of the landscape planters in front of the building helps to lessen the rather long, linear and uninterrupted street edge along the center portion of the Austria Haus. F. BUILDING HEIGHT Vail Village is perceived as a mix of two and three story facades, although there are also four and five story buildings. The mix of building heights gives variety to the street, which is desirable. The height criteria are intended to encourage height in massing variety and to discourage uniform building heights along the street. • Staff Response: As discussed previously, the Austria Haus exceeds the allowable building height prescribed for the Public Accommodation Zone District. However, staff does not feel that the proposed height of the Austria Haus is excessive, given the location of the building in relation to the Village and the height of the buildings on the adjoining properties. The ; Mountain Haus (to the east) has an existing roof ridge of 74' above grade. The approximate height of the Village Center Condominiums (to the west) is as follows: Building A(closest to the Austria Haus = 45'; Building B= 78'; and Building C= 56'. The Austria Haus roof steps down on both ends of the building, reducing the creation of a "canyon" along the west property line and resulting in a building that is less obtrusive (on Slifer Square) on the east end. The applicant has submitted a scale model of the new structure in its Village Core context and this model will be available for use by the PEC during the final hearing. G. VIEWS AND FOCAL POINTS Vail's mountain/valley setting is a fundamental part of its identity. Views of the mountains, ski slopes, creeks and other natural features are rerninders to our visitors of the mountain environment and, by repeated visibility, are orientation reference points. Certain building features also provide important orientation references and visual focal points. The most significant view corridors in the Village have been adopted as part of Chapter 18.73 of the Vail Municipal Code. The view corridors adopted should not be considered exhausted. When evaluating a development proposal, priority should be given to an analysis of the impacted project on public views. Views that should be preserved originate from either major pedestrian areas or public spaces, and include views of the ski mountain, the Gore Range, the Clock Tower, the Rucksack Tower and other important man-made and natural elements that contribute to the sense of place associated with Vail. These views, which have been adopted by ordinance, were chosen due to their significance, not only from an aesthetic standpoint, but also as orientation reference points for pedestrians. Developrnent in Vail Village shall not encroach into any adopted view corridor, unless approved under Chapter 18.73. Adopted corridors are 1 22 listed in Chapter 18.73 of the Vail Municipal Code. Whether affecting adopted view corridors or not, the impact of proposed development on views from public ways and public spaces must be identified and considered where appropriate. 0 Staff Response: Although not directly impacting one of the five adopted view corridors, as listed in Chapter 18.73 of the Vail Municipal Code, the height of the building will have impacts from the Vail Transportation Center (transit terminal) and will also impact views from the west and , central stairs. Public views of the Village (roofline of structures) will be blocked from these areas, however, views of Vail Mountain wi11 remain. Overall, staff feels that the benefits providing a comfortable enclosure to the street, and completing the pedestrian and retaif connection from Crossroads to the Covered Bridge is positive. Staff feels that the completion of this pedestrian connection is in compliance with Goal #3 of the Vail Village Master Plan: "To recognize as a top prioriry the enhancement of the walking experience throughout the Village." H. SERVICE AND DELIVERY Any building expansion should preserve the functions of existing service alleys. The few service alleys that exist in the Village are extremely important to minimizing vehicle congestion on pedestrian ways. The use of, and vehicular access to, those alleys should not be eliminated except where functional alternatives are not provided. In all new and remodeled construction, delivery which avoids or reduces impacts on , pedestrian ways should be explored; and adopted whenever practical, for immediate or future use. Rear access, basement and below ground delivery corridors reduce congestion. Weather protection increases delivery efficiency substantially. Below grade delivery corridors are found in a few buildings in Vail Village (Sitzmark/Gore Creek Plaza, Village Center, Vail Village Inn). Consideration should be given to extending these corridors, where feasible, and the creation of new ones. As buildings are constructed or remodeled, the opportunity may exist to develop segments of a future system. 0 Staff Response: Through the course of the review of the Austria Haus redevelopment proposal, several loading and delivery options were explored. The applicant had originally proposed to provide one loading and delivery berth in the underground parking structure. However, concerns were expressed by the Village Center Condominium owners that they would be negatively impacted by the noise generated from the delivery vehicles, since the access to the underground location was immediately adjacent to their units. The applicant had also explored the possibility of gaining underground access to their structure through the Village Center garage. It was determined that delivery vehicles could not enter through Village Center due to height limitations in the garage. As mentioned previously, the applicant is proposing to provide for loading/delivery in the front entry drop-off area. The applicant anticipates that deliveries to the retail/commercial shops will arrive via UPS or similar types of courier. Staff continues to believe that this i 23 location may negatively impact the pedestrian use of this area of East Meadow Drive and suggests the applicant continue to explore placing the loading and delivery berth in the underground structure, as originally contemplated. 1. SUN/SHADE Due to Vail's alpine climate, sun is an important comfort factor, especially in winter, fall and spring. Shade areas have ambient temperatures substantially below those of adjacent direct sunlight areas. On all but the warmest of summer days, shade can easily . lower temperatures below comfortable levels and thereby, negatively impact use of those areas. All new or expanded buildings should not substantially increase the spring and fall shadow line (March 21 - September 23) on adjacent properties or the public right-of-way. In all building construction, shade shall be considered in massing and overall height consideration. Notwithstanding, sun/shade considerations are not intended to restrict building height allowances, but rather to influence the massing of buildings. Limited height exceptions may be granted to meet this criteria. • Staff Response: Although the proposed height of the building will diminish the amount of sun, and likewise increase shading, along East Meadow Drive (north side of the project), the provision of heated public walkways effectively mitigates this consideration, thus providing ice-free and snow-free sidewalks. Additionally, the "opening up" of Slifer Square will insure adequate light, air and open space to a public gathering space. Overall, staff believes the applicant's proposal complies with the above-described considerations. 2. ARCHITECTURE/LANDSCAPE CONSIDERATIOFIS ROOFS Where visible, roofs are often one of the most dominant architectural elements in any built environment. In the Village, roof form, color and texture are visibly dominant, and generally consistent, which tends to unify the building diversity to a great degree. The current expression, and objective, for roofs in the Village is to form a consistently unifying backdrop for the architecture and pedestrian streetscape, and to avoid roofs which tend to stand out individually or distract visually from the overall character. Roof Forms Roofs within the Village are typically gable in form and of moderate-to-low pitch. Shed roofs are frequently used for small additions to larger buildings. Free-standing shed roofs, butterfly roofs and flat roofs, can be found in the Village, but they are generally considered to be out of character and inappropriate. Hip roofs likewise, are rare and generally inconsistent with the character of the Core Area. Towers are exceptions, in both form and pitch, to the general criteria, but do have an established local vernacular-style which should be respected. 24 , ~ ~ Staff Response The roof form of the Austria Haus has been revised several times from what was originally proposed. The original roof design of the Austria Haus had a significant amount of flat roof area. The majority of flat roof has now been replaced with a sloping roof leading to a more traditional ridge. Three areas of flat roof, compromising a total of approximately 444 square feet, remain on the building. These flat roof portions break up the ridge line and provide locations for screened mechanical equipment (fans, vents, etc). The addition of the sloping roof leading to a ridge increased the overall building height by approximately three feet, since the roof pitch of 6/12 was not changed. The ends of the ridge have been "clipped", resulting in a hip roof form. While a hip roof is generally considered inconsistent with the character of the Village, the applicant believes this roof form helps to reduce the mass of the building. The applicant had at one time provided gable ends to both the east and west ends of the building, but has since "clipped" the gable ends and lowered the roof eaveline at the request of the Village Center Condominium owners. Staff would like to see the ridge carried to the ends of the roof creating a gable end, rather than a hip. However, staff recognizes that this roof form does tend to increase the perceived height of the building, especially on the east and west ends. Staff will raise this issue with the Design Review Board. Pi ch Roof slopes in the Village typically range from 3/12 to 6/12, with slightly steeper pitches in limited applications. Again, for visual consistency this general 3/12-6/12 range should be preserved. 0 Staff Response ' The pitch of the proposed Austria Haus roof is 6/12 and is in compliance with this guideline. v rh n Generous roof overhangs are also an established architectural feature in the Village - a traditional expression of shelter in alpine environments. Roof overhangs typically range from 3 to 6 feet on all edges. Specific design consideration should be given to protection of pedestrian ways adjacent to buildings. Snow slides and runoff hazards can be reduced by roof orientation, gutters, arcades, etc. Overhang details are treated with varying degrees of ornamentation. Structural elements such as roof beams are expressed beneath the overhangs, simply or decoratively carved. The roof fascia is thick and wide, giving a substantial edge to the roof. 0 Staff Response Staff suggests that the applicant increase the roof overhangs on the building. Currently, the overhangs vary from two feet to three feet. Staff would like to see all the roof overhangs at least three feet. Again, staff will review this consideration with the Design Review Board. 25 1 ti Com ositions The intricate roofscape of the Village as a whole is the result of many individual simple roof configurations. For any single building a varied, but simple composition of roof planes is preferred to either a single or a complex arrangement of many roofs. As individual roofs become more complex, the roof attracts visual attention away from the streetscape and the total roofscape tends toward "busyness" rather than a backdrop composition. • Staff Response ~ The roof form on the Austria Haus would be considered a simple composition of roof planes. Staff believes the roof composition proposed by the applicant is consistent with the intent of this architectural consideration. Stepped Roofs As buildings are stepped to reflect existing grade changes, resulting roof steps should be made where the height change will be visually significant. Variations which are too subtle appear to be more stylistic than functional, and out of character with the more straight-forward roof design typical in the Village. • Staff Response The Austria Haus site is relatively flat (by Vail standards). While the building does not need to step to follow the topography, vertical and horizontal steps have been incorporated into the roof design. The vertical and horizontal steps provide a reduction in the overall mass of the building and add to the architectural and visual interest of the ; building. Materials Wood shakes, wood shingles, and built-up tar and gravel are almost exclusively used as roof materials in the Village. For visual consistency, any other materials should have the appearance of the above. • Staff Response Most recently, wood shakes and wood shingles are being discouraged for use as a roofing material due to fire safety concerns. At the recommendation of the Town of Vail Fire Department, the staff has been encouraging developers to use gravel, asphalt, tile, metal and other more fire-resistant roofing materials on new buildings. The applicant is proposing to use reddish tiles on the roof of the Austria Haus. The tiles will be similar in appearance to those used on the Sonnenalp Bavaria Haus. The staff believes this is an appropriate roof material to use on this project. Construction Common roof problems and design considerations in this climate include: - snowslides onto pedestrian walks - gutters freezing - roof dams and water infiltration - heavy snow loads 26 ~ . Careful attention to these functional details is recommended, as well as familiarity with the local building code, proven construction details; and Town ordinances. For built-up roofs, pitches of 4/12 or steeper do not hold gravel well. For shingle roofs, pitches of 4/12 or shallower often result in ice dams and backflow leakage under the shingles. Cold-roof construction is strongly preferred, unless warm-roof benefits for a specific application can be demonstrated. Cold-roofs are double-roofs which insulate and prevent snow melt from internal building heat. By retaining snow on the roof, many of the problems listed can be ~ reduced. Periodic snow removal will be required and should be anticipated in the design. Roof gutters tend to ice-in completely and become ineffective in the Vail climate, especially in shaded north-side locations. Heating the interior circumference with heat-tape elements or other devices is generally necessary to assure adequate run-off control in colder months. 0 Staff Res onse: The applicant is proposing a cold-roof construction atop the Austria Haus. Through the review of a building permit, staff will ensure the roof construction complies with the standards prescribed for the Vail climate. FACADES Materials Stucco, brick, wood (and glass) are the primary building materials found in the Village. While not wishing to restrict design freedom, existing conditions show that within this small range of ~ materials much variation and individuality are possible while preserving a basic harmony. Too many diverse materials weaken the continuity and repetition which unifies the streetscape. Of the above materials, stucco is the most consistently used material. Most of the buildings in the Village exhibit some stucco, and there are virtually no areas where stucco is entirely absent. It is intended to preserve the dominance of stucco by its use in portions, at least, of all new facades, and by assuring that other materials are not used to the exclusion of stucco in any sub- area within the Village. ' 0 Staff Response The exterior materials proposed by the applicant are a combination of stone, stucco and wood. No one material is proposed to dominate the exterior of the Austria Haus. Staff believes the applicant has complied with this particular architectural consideration. Color There is greater latitude in the use of color in the Village, but still a discernible consistency within a general range of colors. For wood surfaces, trim or siding, darker color tones are preferred - browns, greys, blue-greys, dark olive, slate-greens, etc. Stucco colors are generally light - white, beige, pale-gold, or other light pastels. Other light colors could be appropriate, as considered on a case-by-case basis. Bright colors (red, orange, blues, maroon, etc.) should be avoided for major wall planes, but can be used effectively (with restraint) for decorative trim, wall graphics, and other accent elements. 27 1 Generally, to avoid both "busyness," and weak visual interest, the varieiy of major wall colors should not exceed four, nor be less than two. A color/material change between the ground floor and upper floors is a common and effective reinforcement of the pedestrian scale of the street. • Staff Response The applicant has proposed an exterior building color that is compatible with the color of the existing buildings in the vicinity of the Austria Haus. Staff would like to point out that the applicant is required to obtain Design Review Board (DRB) approval prior to construction and that any concerns of the PEC on this topic will be brought to the attention of the DRB. Transparency Pedestrian scale is created in many ways, but a major factor is the openness, attractiveness, and generally public character of the ground floor facade of adjacent buildings. Transparent store fronts are "people attractors," opaque or solid walls are more private, and imply "do not approach." On pedestrian-oriented streets such as in the Village, ground floor commercial facades are proportionately more transparent than upper floors. Upper floors are typically more residential, private and thus less open. As a measure of transparency, the most characteristic and successful ground floor facades range from 55% to 70% of the total length of the commercial facade. Upper floors are often the converse, 30%-45% transparent. Examples of transparency (lineal feet of glass to lineal feet of facade) on ground level. - Covered Bridge Building 58% - Pepi's Sports 71 % - Gasthof Gramshammer 48% - The Lodge 66% ' - Golden Peak House 62% - Casino Building 30% - Gorsuch Building 51% ~ Staff Response A measure of transparency of the Austria Haus (north and east elevations) indicates that 46% (120 lineal feet of glass exists along the 263 lineal feet of building) of the ground floor facade is transparent. Staff recommends that a minimum of 25 lineal feet of additional glass (55%) be added to the ground floor. This would make the Austria Haus generally consistent with the transparency of other buildings in the Village. Windows In addition to the general degree of transparency, window details are an important source of pedestrian scale-giving elements. The size and shape of windows are often a response to the function of the adjacent street. For close-up, casual, pedestrian viewing windows are typically sized to human dimensions and characteristics of human vision. (Large glass-wall store-fronts 2g 1 ' suggest uninterrupted viewing, as from a moving car. The sense of intimate pedestrian scale is diminished). Ground floor display windows are typically raised slightly 18 inches ± and do not extend much over 8 feet above the walkway level. Ground floors, which are noticeably above or below grade, are exceptions. The articulation of the window itself is still another element in giving pedestrian scale (human- related dimensions). Glass areas are usually subdivided to express individual window elements - and are further subdivided by mullions into small panes - which is responsible for much of the old-world charm of the Village. Similarly, windows are most often clustered in banks, juxtaposed with plain wall surfaces to give a pleasing rhythm. Horizontal repetition of single window elements,; especially over long distances, should be avoided. Large single pane windows occur in the Village, and provide some contrast, as long as they are generally consistent in form with other windows. Long continuous glass is out of character. Bay, bow and box windows are common window details, which further variety and massing to facades - and are encouraged. Reflective glass, plastic panes, and aluminum or other metal frames are not consistent in the Village and should be avoided. Metal-clad or plastic-clad wood frames, having the appearance of painted wood have been used successfully and are acceptable. 0 Staff Response The Austria Haus proposal is in compliance with the above-described design consideration. Staff believes the use of dormers with windows, bay windows and windows with mullions adds to the architectural charm and visual integrity of the Austria Haus. Staff recommends that the use of mullions in the windows be a condition of r approval. D or Like windows, doors are important to character and scale-giving architectural elements. They should also be somewhat transparent (on retail commercial facades) and consistent in detailing with windows and other facade elements. Doors with glass contribute to overall facade transparency. Due to the visibility of people and merchandise inside, windowed doors are somewhat more effective in drawing people inside to retail commercial facades. Although great variations exist, 25-30% ± transparency is felt to be a minimum transparency objective. Private residences, lodges, restaurants, and other non-retail establishments have different visibility and character needs, and doors should be designed accordingly. Sidelight windows are also a means of introducing door-transparency as a complement or substitute for door windows. Articulated doors have the decorative quality desired for Vail. Flush doors, light aluminum frames, plastic applique elements all are considered inappropriate. As an expression of entry, and sheltered wefcome, protected entry-ways are encouraged. Doorways may be recessed, extended, or covered. 0 Staff Response Staff believes the applicant's proposal complies with the above-described criteria. , , 29 Trim Prominent wood trim is also a unifying feature in the Village. Particularly at ground floor levels, doors and windows have strong, contrasting framing elements, which tie the various elements together in one composition. Windows and doors are treated as strong visual features. Glass- wall detailing for either is typically avoided. • Staff Response: Staff believes the applicant's proposal complies with the above-described criteria. DECKS AND PATIOS Dining decks and patios, when properly designed and sited, bring people to the streets, opportunities to look and be looked at, and generally contribute to the liveliness of a busy street- making a richer pedestrian experience than if those streets were empty. A review of successful decks/patios in Vail reveals several common characteristics: - direct sunlight from 11:00 - 3:00 increases use by many days/year and protects from wind. - elevated to give views in the pedestrian walk (and not the reverse). - physical separation from pedestrian walk. - overhang gives pedestrian scale/shelter. Decks and patios should be sited and designed with due consideration to: - sun - wind - views - pedestrian activity • S aff Response: The majority of the decks and patios on the Austria Haus a:re located on the south side of the building, facing Gore Creek. These decks and patios are for the use of the guests of the Austria Haus and not the general public. Staff does believe, however, that the arcade designed along the north side of the building will provide shelter from the elements for. pedestrians using the heated walkway. BALCOIVIES Balconies occur on almost all buildings in the Village which have at least a second level facade wall. As strong repetitive features they: - give scale to buildings. - give life to the street (when used). - add variety to building forms. - provide shelter to pathways below. 30 , , . ~ Staff Response The majority of the balconies on the Austria Haus are located on the south side of the building. Several french balconies have been incorporated into the design of the north side of the building on the upper floors. Staff would like to discuss the design and repetition of the balconies on the south elevation with the PEC and the applicant. Staff would like to see less repetition of the balconies, particularly on the south elevation. Ir They contrast in color (dark) with the building, typically matching the trim colors. 0 Staff Response Like the exterior color of the building, the DRB will be reviewing this aspect of the proposal. Size They extend far enough from the building to cast a prominent shadow pattern. Balconies in Vail are functional as will as decorative. As such, they should be of useable size and located to encourage use. Balconies less than six feet deep are seldom used, nor are those always in shade, not oriented to views or street life. 0 Staff Response Staff believes this criteria relates to staff's concerns regarding balconies mentioned ' above. Mass They are commonly massive, yet semi-transparent, distinctive from the building, yet allowing the building to be somewhat visible behind. Solid balconies are found occasionally, and tend to be too dominant obscuring the building architecture. Light balconies lack the visual impact which ties the Village together. 0 Staff Res onse_ The balconies on the Austria Haus are proposed to be semi-transparent in appearance. M ri I Wood balconies are by far the most common. Vertical structural members are the most dominant visually, often decoratively sculpted. Decorative wrrought iron balconies are also consistent visually where the vertical, members are close enough to create semi-transparency. Pipe rails, and plastic, canvas or glass panels should be avoided. 31 1 ~ • Staff Res oR nse The material to be used in the construction of the balconies on the Austria Haus is wood, with vertical structural members. A detail of the railing will be reviewed by the DRB. ACCEiVT ELEMEYVTS The life, and festive quality of the Village is given by judicious use of accent elements which give color, movement and contrast to the Village. Colorful accent elements consistent with existing character are encouraged, such as: Awnings and canopies - canvas, bright color or stripes of two colors. Flags, banners - hanging from buildings, poles, and even across streets for special occasions. Umbrellas - over tables on outdoor patios. Annual color flowers - in beds or in planters. Accent lighting- buildings, plazas, windows, trees (even Christmas lights all winter). Painted wall graphics - coats of arms, symbols, accent compositions, etc. Fountains - sculptural, with both winter and summer character. • Staff Response: Accent lighting on the building, annual flowers in containers and in the planting beds, potted trees decorated with Christmas lights and irrigated flower boxes are proposed to provide colorful accent elements on the Austria Haus. An additional accent symbol (clock, crest, etc.) is proposed for the tower at the front entry. The final design has yet to be determined. LANDSCAPE ELEMENTS Landscape considerations include, but go beyond, the placement of appropriate plant materials. - plant materials , - paving - retaining walls - street furniture (benches, kiosks, trash, etc.) - lighting - signage Plant Materials Opportunities for planting are not extensive in the Village, which places a premium on the plant selection and design of the sites that do exist. Framework planting of trees and shrubs should include both deciduous and evergreen species for year round continuity and interest. Native plants are somewhat limited in variety, but are clearly best able to withstand the harsh winter climate, and to tie the Village visually with its mountain setting. , , 32 i Trees Shrubs Narrow-leaf cottonwood Willow Balsam poplar pogwood Aspen Serviceberry Lodgepole pine Alpine currant Colorado spruce Chokecherry Subalpine fir Mugho pine Potentilla , ' Buffaloberry 0 Staff Response A landscape plan has been submitted by the applicant. The landscape plan has been developed with the assistance of Town staff, since a majority of the landscape improvements are proposed on Town property. The proposed landscape design takes into consideration factors such as the location of the plantings (sun/shade), maintenance, climate, etc. Staff believes the landscape design for the Austria Haus complies with the above-described criteria. P vin The freeze/thaw cycle at this altitude virtually eliminates common site-cast concrete as a paving surface (concrete spall). High-strength concrete may work in selected conditions. Asphalt, brick (on concrete or on sand), and concrete block appear to be best suited to the area. In general, paving treatments should be coordinated with that of the adjacent public right-of-way. The Town uses the following materials for all new construction: - asphalt: general use pedestrian streets - brick on concrete: feature areas (plazas, intersections, fountains, etc.) 0 Staff Response The paving material used in the public areas around the Austria Haus will be the "Vail", concrete unit paver, laid in the "Vail-pattern" (herringbone). These surfaces will be heated and will include the access ramp to the parking structure, the front entry drop-off area and the pedestrian walkway along the store fronts. The applicant has worked with the Town staff in developing the design of improvements in the public right-of-way. Retaining Walls Retaining walls, to raise planting areas, often protects the landscape from pedestrians and snowplows, and should provide seating opportunities: Two types of material are already well established in the Village and should be utilized for continuity: - split-face moss rock veneer - Village Core pedestrian streets (typical). - rounded cobble hidden mortar - in open space areas if above type not already established nearby. , 33 . `I ~ • Staff Res o~nse No landscape retaining walls are proposed in the construction of the Austria Haus. The new landscape retaining walls proposed in Slifer Square will match the existing walls in terms of both type of materials, and application. Li htin Light standards should be coordinated with those used by the Town in the public right-of-way. ~ ~ Staff Response As part of the streetscape improvements along East Meadow Drive, the applicant will be installing six new Village light fixtures. The number and locations of the six new lights was determined through consultation with Town staff. Sianage Refer to Town of Vail Signage Ordinance • Staff Response: The staff has requested that the applicant prepare a comprehensive sign program for the Austria Haus. The comprehensive sign program will be reviewed by the DRB. SERVICE Trash handling is extremely sensitive in a pedestrian environment. Trash collection is primarily made in off-peak hours. It is the building owners responsibility to assure that existing trash storage problems are corrected and future ones avoided. Trash, especially from food service establishments, must be carefully considered; including the following: - quantities generated - pick-up frequency/access - container sizes - enclosure location/design - visual odor impacts Garbage collection boxes or dumpsters must be readily accessible for collection at all times yet fully screened from public view - pedestrians, as well as upper level windows in the vicinity. Materials Exterior materials for garbage enclosures should be consistent with that of adjacent buildings. 34 1 Construction Durability of the structure and operability of doors in all weather are prime concerns. Metal frames and posts behind the preferred exterior materials should be considered to withstand the inevitable abuse these structures suffer. 0 Staff Res o~nse: The applicant has proposed to incorporate a trash dumpster into the design of the underground parking structure. The trash dumpster will be completely enclosed and accessible from inside the parking structure. Without a restaurant, the building is not expected to generate an unusual amount of trash. The driveway is designed to accommodate trash trucks. Staff believes the applicant's proposal complies the above- described criteria. E. Bdentification ancf mitigation of natural and/or geologic hazards that affect the property on vbhich the special development district is proposed. There are no natural and/or geologic hazards, including the Gore Creek floodplain, that effect the Austria Haus property. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural fieatures, vegetafion and overall aesthefic quality ofi the community. The applicant has revised the site plan in response to comments received from the , Planning and Environmental Commission and staff during previous worksession meetings. Most importantly, the applicant has shifted the building on the site to further buffer the surrounding properties. The applicant has designed the building to respect the 50' Gore Creek Stream setback along the south side of the property and is also maintaining the required 20' setback aiong the west property line. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. ' The Austria Haus redevelopment will have major positive impacts on both off-site and on- site vehicle and pedestrian traffic systems surrounding the property. Staff believes that pedestrian circulation will be substantially improved as result of the redevelopment. Improvements include a new 14-foot wide bus lane and a dedicated, 12-foot wide pedestrian lane along East Meadow Drive, as well as an improved pedestrian streetscape along the north side of the building adjacent to the retail shops. The pedestrian streetscape will be heated, thus providing ice-free and snow-free sidewalks. All new pedestrian improvements propose the use of concrete unit pavers and will connect into the existing improvements to the east (Slifer Square), to the west (Village Center) and to the Vail Transportation Center to the north. Vehicular circulation will also be effected by the redevelopment. The current parking situation will be improved by removing the surface parking lot and replacing it with an underground parking structure and a front entry drop-off area. Access to the parking structure shall be via a heated ramp located at the west end of the project. 35 ~ H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. The proposed landscape plan will have important beneficial impacts on the quality of the public spaces in the vicinity of the Austria Haus, due to the improvements to East Meadow Drive, Slifer Square and the Gore Creek streambank. The streetscape improvements recommended in the Town of Vail Streetscape Master Plan will be implemented. The improvements will enhance the pedestrian experience along East Meadow Drive through the construction of a wider and more attractive heated walkway adjacent to the retail shops. The implementation of the streetscape improvements will separate pedestrians from bus traffic by delineating the pedestrian areas and bus lanes through the use of different paving surfaces. The applicant has designed improvements to the western portion of Slifer Square. The improvements have been developed with the help of Town staff. The applicant's design is sensitive to the numerous mature trees existing in Slifer Square. Only those trees which impact pedestrian circulation, effect sun exposure to the seating areas, and would otherwise be damaged due to construction, are being removed. The removal of the trees will be mitigated by the planting of additional trees elsewhere in Slifer Square. Improvements are proposed for the Gore Creek streambank adjacent to the Austria Haus. The improvements are intended to improve the visual appearance of the streambank and stabilize the soil by reducing the grade of the slope and revegetating the bare soils. The applicant will also be implementing an erosion and sedimentation control plan to prevent run-off from the construction site from entering Gore Creek. r 1. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Phasing of development is not proposed. The appficant is required to submit a construction phasing and staging plan to the Town prior to receiving a building permit. The plan will be used to ensure an efficient and workable relationship with surrounding uses during the development of the Austria Haus. At this time, the applicant is anticipating a minor subdivision to amend the location of the north property line. The applicant is proposing to trade land with the Town in order to gain an additional one - two feet along the northerly property line. In exchange for this land, the applicant is proposing to trade a triangular piece of property adjacent to Slifer Square to the Town. Any proposal to trade land with the Town must be reviewed and approved by the Council. 36 1 V. CRITERIA AND FIR9DINGS FOR A CANDITIANAL USE PEFiAAIT Upon review of Section 18.60, the Communiry Development Department recommends approval of the conditional use permit based upon the following factors: A. Consideration of Factors: Before acting on a conditional use permit application, the Planning and Environmental Commission (PEC) shall consider the factors with respect to the proposed use: 1. IRelationship and irmpact of the use on development objec4ives of the Town. Staff believes that this review criteria has been satisfied as previously discussed in Section IV of this memorandum. 2. The effect of the use on light and air, distribu4ion of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff believes that this review criteria has been satisfied as previously discussed in Section IV of this memorandum. 3. Effec4 upon draffic with particular reference to congestion, automotive and pedestrian safety and convenience, 4raffic flow+ and control, access, maneuverability, and remoual of snow from the street and ; par6cing areas. Staff believes that this review criteria has been satisfied as previously discussed in Section IV of this memorandum. 4. EffecY 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 4o surrounding uses. ' Staff believes that this review criteria has been satisfied as previously discussed in Section IV of this memorandum. 5. Prior to the approval of a conditional use permit for a time-share estate, fractional fee, frac4ional fee club, or tirne-share license proposal, the following shall be considered: a. 04 4he proposal for a fractional fee club es a redevelopmenY of an existing facility, the fractional fee club shall maintain an equivalency of accommodation units as presently existing. Equivalency shall be maintained either by an equal number of units or by square footage. If the proposal is a new development, ot shall provide at least as much accommodation unit GRFA as 4ractional fee club unit GRFA. The Austria, Haus proposal is a redevelopment of an existing facility. The Austria Haus shall be required to maintain an equivalency of the presently existing accommodation units. The ~ ' 37 applicant is proposing to meet the equivalency requirement by replacing an equal amount of accommodation unit square footage. According to as-builts prepared by the applicant, 10,100 square feet of accommodation unit square footage exists in the Austria Haus. Calculations of the proposed accommodation unit square footage indicates that the applicant needs to provide an additional 181 square feet of accommodation unit square footage. In order to meet this requirement, staff would recommend that the applicant convert the lock-off for Unit # 10 to an accommodation unit. This would increase the total number of accommodation units to 26 and increase the equivalency square footage. b. Lock-off units and lock-off unit square footage shall not be included in the calculation when determining the equivalency of existing accommodation units or equivalency of existing square footage. Even though lock-offs cannot be counted towards meeting the equivalency requirement, the applicant has maintained 28 lock-off units in the Austria Haus. The staff and applicant feel these units will be rented as short-term accommodations and thus enhance the hotel bed base in Town. c. The ability of the proposed project to create and maintain a high level of occupancy. The Austria Haus proposal is intended to provide additional hotel and "hotel-type" accommodation units in the Town of Vail. The applicant is proposing to incorporate 22 member-owned club units (fractional fee club units with 28 lock-off units), with 25 accommodation (hotel) rooms. Although not included in the equivalency requirement, the fractional fee club units have been designed to accommodate lock-off units. Staff believes that lock- off units provide an additional community benefit of added "pillows". If a fractional fee club unit owner purchases an interest in a multiple bedroom unit, and does not desire to utilize all the bedrooms, they can then have the opportunity of returning the unused bedrooms (lock-offs) to a rental program. Staff feels that by providing lock-off units, and managing the availability of the lock-off units in a rental program when not in use, a fractional fee club project can significantly increase the availability of accommodation units in the Town of Vail. Through our research on the fractional fee issue, staff has identified some potential positive impacts of fractional fee units in the Town of Vail: A) Activity during the "shoulder seasons" tends to increase due to an increase in year-round occupancy; B) The attraction of revenue-generating tourists; 38 ~ C) The efficient utilization of resources. This is the "warm beds" concept; D) More pride of ownership with fractional fee club units than with accommodation units; E) Increased levels of occupancy; and F) Increased resort exposure due to the extensive number of interval owners. ci. Employee housing may be required as part of any new? or ~ redevelopment frac4ional fiee club project reques4ing density - over that allovved by zoning. The number of employee housing units will be consistent wi4h employee impac4s tha4 are expected as a result of 4he project. The staff included the fractional fee club units into the calculation of the employee generation resulting from the establishment of the Special Development District. Based strictly on the number of club units, the development will generate a need for 8.8 "new" emp(oyees. When the multiplier of 0.30 is factored in, 3 of the 11 "new" employees which the developer must provide deed-restricted housing for, are generated by the fractional fee club. e. The applicant shall submit 4o the Towrn a list of all owners of exis4ing units dvithin the project or building; in written stateinents from 100% of the owners of existing units indicating their approval, without condition, of the proposed ~ fractional fee club. No written approval shall be valid if it is signed by the owner more than 60 days prior 40 the da4e of filing the application for a conditional use. The applicant, Sonnenalp Properties, Inc., is the sole owner of the property. No other written approval is required. VB. STAFF IRECOHNMENDATEON The staff is recommending approval of the request for the establishment of Special Development District #35, Austria Haus, and the conditional use permit to allow for a fractional fee club. The staff believes that all the review criteria have been met, as identified in this memorandum. We would recommend that the approval carry with the it the following conditions: 1. That the applicant meet with the Town staff, prior to appearing before Town Council for the first reading of an ordinance establishing Special Development District #35, to formulate a construction phasing plan and to determine financial responsibilities for the off-site improvements to Slifer Square, East Meadow Drive and the revegetation of the Town-owned stream tract, south of the Austria Haus. Staff will then make a recommendation to Council regarding the construction phasing and financial responsibilities of the off-site improvements. f:\everyone\pec\memos\sonnensd.224 39 1 ' 2. That the applicant prepare a deed resiriction or covenant, subject to the Town Attorney's review and approval, thereby restricting the current and future owner(s) ability to locate a restaurant, or similar food service operation on the Austria Haus property. Said deed restriction or covenant shall be recorded with the Eagle County Clerk and Recorder's Office prior to the applicant submitting for a building permit. 3. That the applicant submit the following plans to the Department of Community Development, for review and approval, as a part of the building permit application for the Austria Haus: , a. A Tree Preservation Plan; b. An Erosion Control and Sedimentation Plan; c. A Construction Staging and Phasing Plan; d. A Stormwater Management Plan; e. A Site Dewatering Plan; and f. A Traffic Control Plan. 4. That the applicant provide deed-restricted housing, which complies with the Town of Vail Employee Housing requirements (Chapter 18.57), for a minimum of 11 employees, and that said deed-restricted housing be made available for occupancy, and the deed restrictions recorded with the Eagle County Clerk & Recorder, prior to requesting a Temporary Certificate of Occupancy for the Austria Haus. 5. That the applicant pay into the Town of Vail Parking Fund for the required number of pay- in-lieu parking spaces, as determined at the time of building permit, prior to requesting a Temporary Certificate of Occupancy for the Austria Haus. The applicant shall be required to purchase the pay-in-lieu spaces at the rate in effect at the time of building permit application. 6. That the applicant either remove that portion of building floor area (enclosed areas) currently proposed on Town of Vail property (northwest portion of building/porte-cochere), or appear before the Town Council with a request to subdivide and trade land with the Town. Should the Council agree to a trade of land, ail costs incurred to accomplish the land trade shall be paid by the applicant. At this time, the applicant is anticipating a minor subdivision to amend the location of the north prope'rty line. The applicant is proposing to trade land with the Town in order to gain an additional one - two feet of property along the northerly property line. In exchange for this land, the applicant is proposing to trade a triangular piece of property, adjacent to Slifer Square, to the Town. 7. That the applicant revise the building floor plans to provide at least 10,100 square feet of accommodation unit square footage, to conform with the equivalency requirement for fractional fee club units, prior to appearing before the Vail Town Council for the first reading of the ordinance establishing Special Development District #35. According to as-builts prepared by the applicant, 10,100 square feet of accommodation unit square footage exists in the Austria Haus. Calculations of the proposed accommodation unit square footage indicates that the applicant needs to provide an additional 181 square feet of accommodation unit square footage. In order to meet this requirement, staff would recommend that the applicant convert the lock-off for Unit # 10 to an accommodation unit. This would increase the total number of accommodation units to 26 and increase the equivalency square footage. ~ f:\everyone\pec\memos\sonnensd224 40 8. That the following design considerations be carefully reviewed by the Design Review Board (as previously discussed in Section IV of this memorandum): A) That the mullions on the windows and doors, as depicted on the building elevations, be a required element of the Austria Haus project. B) That the applicant further modify the south elevation of the structure, as this elevation continues be too architecturally repetitive. C) Tfiat the applicant revisit the originally contemplated design which incorporates the loading and delivery facility in the underground parking structure. Staff believes that trying to accommodate loading and delivery in the porte-cochere area will result in conflicts between pedestrians, vehicles accessing the parking structure, and delivery trucks. Staff understands the original design option may not be the desire of the owners of the Village Center Condominiums, yet we believe the impact can be mitigated with appropriate screening. D) That the improvements recommended for East Meadow Drive, as depicted in the approved Town of Vail Streetscape Master Plan, be implemented as a part of the Austria Haus project. This includes a reduction in street width from 30 feet to 26 feet (14 foot bus lane and 12 foot attached, paver pedestrian walk). E) That the roof ridge of the structure be carried to the east and west ends of the roof, thereby creating gable ends, rather than a clipped hip. Staff does recognizes that the gable roof form may increase the perceived height of the building, especially on the east and west ends, however, we believe that this will bring the structure more into compliance with the Design Considerations. ~ F) That the applicant increase the roof overhangs on the building. Currently, the overhangs vary from two feet to three feet. Staff would recommend that all the roof overhangs be a minimum of three feet. G) That a minimum of 25 lineal feet of additional glass area (55%) be added to the ground floor (north and east elevations) of the structure. This would make the Austria Haus generally consistent with the transparency of other buildings in the Village. H) That the applicant review and modify the balcony configuration on the building, in order to eliminate the repetitive nature of the existing design, particularly on the south elevation. The majority of the balconies on the Austria Haus are located on the south side of the building, although several french balconies have been incorporated into the design of the north side of the building on the upper floors. I) That the applicant prepare a comprehensive sign program for the Austria Haus. The comprehensive sign program will be reviewed by the DRB. f:\everyone\pec\memos\sonnensd.224 41 ~ • ATTACH?1ENT 1 ORDINANCE NO. 22 SERIES of 1996 AN ORDINANCE ANIENDING SECTIOl\' 18.04, DEFINITIONS, ADDING "rRACTIONAL I+EE CLUI3" AND "r12ACTIONAL I'EE, CLUB UNIT", AiV1ENDING SECTION 18.22.030, CONDITIONAL USES, ALLOWING rI2ACTTONAL FEG CLUB AS A CONDITIONAL USE IN THE PUBLIC ACCOivIMODATION ZONE DISTRICT, ANIENDING SECTION 18.60.060(A)(7), COIYDITIONAL USE PEIb-VIIT CRITERIA- FINDINGS. WI-IE[2EAS, an application has been submitted to amend Sections 18.22.030 and 18.60.060 of t11e Town of Vait Municipal Code to allow fractional fee club as a conditional use in the Public Accommodation Zone District and to provide criteria and findings applicable to fractional fee club requests in Vail; and WHEREAS, all notices as required by Section 18.66.030 have been sent to the appropriate parties; and WHEREAS, on November 25, 1996, in accordance with Section 18.66.140 the Town of Vail Planning and Environmcntal Commission held a public hearing on the proposed amendments and unanimously recommended approval of the amendments to the Town Council; and WI-IEREAS, the Vail Town Council belicves that quality fractional fee club unit are an appropriate mcans of increasing occupancy rates, maintaining and enhancing short-term rental availability and diversifying Qic resort lodging market within the Town of Vail; and WHEREAS, the Vail Town Council bclieves that a fractional fee c1uU is a form of public accommodation; and WHERLAS, the Vail Town Council considers that it is rcasonable, appropriate, and beneficial to the Town of Vail and its ci[izens, inhaUitailts alid visitors to adopt Ordinance No. 22, Serics of 1996; and WFTERE-AS, the Vail Town Council believes the proposed amendments are consistent with its adopted goals, objectives and policies. I NOW, THEREPORE, BE IT ORDAINED BY THE TOWN COUiNCIL OF THE TOWN OP VAIL, COLORADO, THAT: SrCTION 1 Chapter 18.04, Definitions is hereby amended to read as follows: 18.04.136 , Fractional Pee Club, means a fractional fee project in which each condominium unit, pursuant to recorded project documentation as approved by the Town of Vail, has no fewer than 6 and no more than 12 owners per unit and whose use is established by a rescrvation system. Each of the fi•actional fee club units are made available for shor[-term rental in a managed prograin when not in use by the club members. Thc project is managed on-site with a front desk operating 24 hours a day, seven days a week providing reservation and registration capabilities. The project shall include or be proximate to transportation, retail shops, eating and drinl:ing establishments, and recreation facilities. 18.04.136.1 Fractional Fee Club Unit - a condominium unit in a fractional fee club described as such in the project documentation and not an accommodation unit within the fractional fee club. . \ 1 } Ordinanu No.32, Scria af 1996 18.04.430 Fractional Fce [Delcted] SrCTiON 2 Section 18.22.030 - Public Accommodation-Conditional Uses - of the Town of Vail Municipal Code is hereby amended to read as follows: 18.22.030 Conditional uscs The following conditional uses shall be permitted in the Public Accommodation Zone District, subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 18.60: A. Professional and business offices; B. Hospitals, medical vid dental cliiiics, and medical centers; C. Private clubs and civic, cultural and fraternal organizations; D. Ski lifts and tows; E. Theaters, meeting rooms, and convention facilities; F. , Public or commercial parking facilities or structures; G. Public transportation terminals; H. Pub(ic utility and public service uses; 1. Public buildings, grounds and facilities; J. Public or private schools; K. Public parks and recrcational facilities; L. Churchcs; M. Lating, drinking, recreational, or retail establislunents not occupying more than 10% of tlie total Gross Residential Ploor Area of a main structure or structures locatcd on, thc sitc in a ilon-confoc-ming multi-family dwelling; N. Major arcade, so lonb as it does not have any exterior frontage on any public way, strcet, walkway, or mall area; 0. Bed nnd Brcakfast as furthcr regulated by Section 18.53.310; I'. Type III LHU as defined in Section 18.57.060; Q. Typc IV EHU as dcf ned in Scction 18.57.70; R. Practionll fee club as fiirfher regulated by Section 18.60.060(A)(7)(a-e). SI?CTiON 3 Section 18.60.060(A)(7), Conditional Uses Pemlit criteria-findings, of the Town of Vail Municipal Code is hereby amended and sllall read as follows: 7. Prior to the approval of a conditional iise pernlit for a time-share estate, fractional fee, fractional fee club, or time-share license proposal, the following shall be considered: a. If the proposal for a fractional fee club is a redevelopment of an existing facility, tlte fractional fee club shall maintain an equivalency of accommodation units as are presently existing. Equivalency shall be maintained either by an equal number of units or by squarc footage. If the proposal is a new development, it shall provide at ]east as much accommodation unit GRI'A as fi•actional fee club unit GRFA. b. Lock-off units and lock-off unit square footage shall not be included in the caiculation when determining the equivalency of existing accommodation units or equivalency of existing square footage. c. The ability of the proposed project to create and maintain a high level of occupancy. S 2 . I Ordinance No. 27. Seria o! 1996 ' ' ~ d. Employee housing units may be required as part of any new or redevelopment fractional fec club project requesting density over that allowed by zoning. The number of employee housing units required will be consistent with employee impacts that are expected as a result of the project. C. The applicant shall submit to the town a list of all owners of existing units within the project or buildinb; and written statemcnts from one-hundred percent oFthe owners of existing units indicating their approval, without condition, of the proposed fractional fee club. No written approval shall be valid if it was signed Uy the owner more than sixty days prior to the date of filing the application for a conditional use. Si;CTION 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 tllis ordinance; and thc Town Couiicil hereby dcclares it wou(d have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of thc fact that any one or more parts, sections, subsections, sentences, clauscs or phrases be declared invalid. Si;CTiON 5 The Town Council hereby fiuds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfarc of tlic Town of Vnil and the inhabitants thereof. SrCTiON C The repeal or the rcpeal atld reenactment of any provision of the Municipal Code of the Town of Vail as provided in tliis ordinance shall not affect any right wliich has accc-ued, any duty imposcd, any violation that occurrcd prior to the effective datc hereof, any prosecution commcclced, nor any odler action or procecdings as commcnced under or by virtue of tlie provision repealed and reenacted. Thc repcal of any provision hereby shall not revive any provision or any ordinance previously repcaled or superseded unless expressly stated herein. SI;CTION 7 All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. FULL ON FIRST READING this 7th day of January, 1997, and a public hearing shall be held on this Ordinance on the 21st day of January, 1997, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Robert W. Armour, Mayor ATTEST: Holly McCutcheon, Town Clerk 3 ` ATTACHriENT 2 o.. o•'e' td'~', ~i p Pierce, Segerbmg & Associates IVgemo Architects, P.C.,A.I.A. To: Joe Treleven r,:,in orsce 1000 S. Frontagc Road W. , Director, Village Center Association Vail, CO 81657 120 Willow Bridge Road, #SJ (ax: 970 476 4608 phonc: 970 476 4433 'Vail, CO 81657 ]From: Gordon Pierce Denver OFOce Ref: Landsca in and Plantin of Villa e Center Pro ert1617 Wazce Su-eec P~ g g P Y sLiite ez Date: February 10, 1997 Denver, CO 80202 (ax: 303 623 2262 plionc: 303 623 3355 As requested by the Town of Vail Planning Department, I am asking if you would sign below on behalf of the Village Center Condominium Association in that the Austria Haus may landscape on the village center property. A detailed plan of the area between our properties will be forthcoming for your review. Thank you for your cooperation. Sincerely, I PIERCE, SEGERBERG & ASSOCIATES, P.C., A.I.A. ordon . Pierce, A.I.A. Chairman GRP/j od Approved by: , f:\prj\austria_house\docs\treleven feb 10, 1997.doc a • ATTACHr1ENT 3 0,4P1_Ol'1.fEh7 GENEF.AT)ON RnTGs EXIIII3T'i' A. SUGGESITD r1+fl'LOI'Tll:N"i' CATGGOI2IES AND RnNcEs Foiz VnrL EXruE-ssEn As Enrrr_oYrrs l?Eii 1000 SQunRE, FErT RRC RFSEnRCx OVERALL SUGGESTED AVERAGES RANGE Bar/Restaurant 5,7I1000 s.f. 5-8/1000 s.f. Retai( and Service Commercial 5.9/1000 5-811000 Retail: Grocery/Liquor/Convenience 1.8/1600 1.5-3/1440 Office: Real Estate 7.6/1000 6-9/1000 ' Office: Financial ~ 3.1/1000 2.5-4/1000 Office: Professional/Other . 6.6/1000 5-8/1040 Conference Center NA 1/1000 Health Club NA . 1-1.51I440 L,Odg?ng* 1.3/room .25-1.25/room Local Government 6.511040 5-8/1000 Construction (Offices, Interior Storage, etc.) 10.6/1000 9-13/1040 . Multi-Family N/A 0.4/unit Single Family N/A 0.2/unit Other: To be determined through the SDD ' process, upon submission of adequate documentation and a review of the application materials. . * T.,odging/accommodations has particularly large variation of employees per room, depending upon factors such as size of facility and leve] of service/support facilities and amenities provided. The standards present a wide range of employment, but it is anticipated th*at a definitive report will be submitted by eac}~ lodging property requesting an expansion, which would then be ; ey~aluated on a case-by-case basis. ~ ~ ~ . , Multiplier based on density • ' .30 if exceeding density .15 if at or below density . , :ti . ROSAI,LRF1.M ENCARES , • o~r.eR ' ATTACHr1ENT 4 Auslria Staffing Rostcr I'osilion hours of opcration 199p1 1998 c~~l, coninicncs Managcr floating I 1 Assistant floating ) I l'ront Dcsk 78111 LO 1 1 pm 3 5 24 hour dcsk t Bcllstaff , floaling 1 3 parking ~C. sizc ` I-Iousckccping 8am to Spm G 10 SI"LC; 111(I II OTI'1115 turndown 2 3 I3ar 3pm to midnight 1.5 1.5 ' RCSIIU1'8t1I 5i1111 f0 I70011 _ NYil l I $ ' 3.5 kitchcn 2• 0 conlincntal only hpm to midnight wait 4 0 kitchcn 3,5 0 Rctail varics 5 unknown f3uz-z'•r.II&B Lnginccring 7am to 1 Ipm 1 2 Concicrgc 7am to 1 1 am 3E)m to 71)m 0 1.5 ,36 31.5 Scrviccs providcd from Main 1-Iotcl Compicx; . Spn GoIC Activitics Markctinb & Salcs /lccounting Rcscrvation ' "1'clcphon LaundrY Uniforms IZoom Scrvicc Confcrcnce Scrviccs Employec Cafetcria I-Iuman Resources i ~ F-loral & Dccoration Landscaping , Employee Housing Purchasing - ~ ~ ~ r r 1 . ~ . _ , . . . 1 - ~ ~G ~ ' ~T - -s.^ - •~r- ~ - ~ I / MfE Of SUfrvEY: ]1]0195 EAST UEADOW DFNE - ~ ~n/ _ - _ ~ ~ _ ~:.-1 ~?~'°~,m~ _ ~ e.....~,...~• . o,~c" y yAUSTRIA HOUSE I.• ~ e ~ . ~ ~ " Y - - ...."'.,o . , . • '•-_-~i_~~ NLLACE CENiER ~ ~ ~ ~ \ y . - ~ ? V ' r-r.sv _ ` ~•:~'fi, I y / ~ . eri,a~ A70UNTNN Vi/.US ` ~ ==i~-__ - = • 1 Cur++! G'A l0T c' ia •$ioenr L07 6 cx i . ~e.e°r ca _J°iiorw• c Bl0!'K S-~J ~ \ ' . LOT c l CREEKSIpE ~ . 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ORDIIVANCE 1V0. 4 Series of 1997 AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF SPECIAL DEVELOPMEIVT DISTRICT IVO. 35, AUSTRIA HAUS; ADOPTING A DEVELOPIviENT PLAIV FOR SPECIAL DEVELOPIVIEIVT DISTRICT NO. 351N ACCORDANCE WITH CHAPTER 18.40 OF THE VAIL 1ViU1VICIPAL CODE; AIVD SETTING FORTH DETAILS IIV REGARD THERETO. WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes special development districts within the Town in order to encourage flexibility and creativity in the development of land in order to promote its most appropriate use and to improve the design character and quality of new development within the Town of Vail and to further the overall goals of the community as stated in the Vail Comprehensive Plan; and WHEREAS, the Vail Town Council believes that the establishment of Special Development District No. 35 benefits the Town of Vail by enhancing and preserving the hotel bed base, increasing retail shopping opportunities, generating sales tax revenue, implementing streetscape improvements to East Meadow Drive and Slifer Square, and ensuring deed restricted employee housing for at least 11 individuals; and WHEREA.S, the developer, Sonnenalp Properties, Inc., has submitted an application for the establishment of Special Development Disfict No. 35, for a certain parcel of property within the Town, legally described as on a part of Tract C, Block 5-D, Vail Village First Filing and more commonly referred to as the Austria Haus; and WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental Commission, on February 24, 1997, held a public hearing on the establishment of Special Development District No. 35, and has forwarded its recommendation of approval to the Town Council; and WHEREAS, all notices as required by Section 18.66.080, have been sent to the appropriate parties; and WHEREAS, the Town Council considers that it is reasor.able, appropriate, and beneficial to the Town and its citizenry, inhabitants, and visitors to establish Special Development District No. 35; and Ordinance 4 1 Series of 1997 ~ WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of the Municipal Code of the Tovcm of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: SECTION 1 - The Town Council finds that all the procedures set forth for Special Development Districts in Chapter 18.40 of the Municipal Code of the Town of Vail have been fully satisfied. SECTION 2 Special Development District No. 35 is established to ensure comprehensive development and use of an area in a manner that will be harmonious and compatible with the general character of the Town, will provide adequate open space, deed restricted employee housing for eleven (11) employees, streetscape improvements to East Meadow Drive, public improvements to Slifer Square and other amenities, and will promote the objectives of the Town's Zoning Ordinance. The development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission, and there are significant aspects of the special development district which cannot be satisfied through the imposition of a standard zoning district on the area. SECTION 3 Special Development District No. 35 is established for the proposed development on a parcel of land, legally described as on a part of Tract C, Block 5-13, Vail Village First Filing, comprising 24,089 square feetl 0.553 acres in the Vail Village area of the Town. Said 24,089 square feed 0.553 acres may be referred to as "SDD No. 35." SECTION 4 • The Town Council finds that the Approved Development Plan for SDD No. 35 meets each of the standards set forth in Section 18.40.080 of the Municipal Code of the Town of Vail, or demonstrates that either one or more of them is not applicable; or that a practical solution consistent with the public interest has been achieved. In accordance with Section 18.40.040, the Approved Development Plan for SDD No. 35 is approved. The Approved Development Plan is comprised of those plans submitted by Pierce, Segerberg and Associates Architects and Design Workshop, Inc., and consists of the following documents: Oroinance 4 2 Series of 1997 1. Existing Conditions, dated February 19, 1997, revised per PEC (Design Workshop). 2. Comparison of Existing and Proposed Footprints, dated February 19, 1997, revised as per PEC (Design Workshop). 3. Overall Site Plan, dated February 19, 1997, revised as per PEC (Design Workshop). 4. Landscape Plan, dated February 19, 1997, revised as per PEC (Design Workshop). 5. Grading Plan, dated February 19, 1997, revised as per PEC (Design Workshop). 6. Schematic Drainage and Utility 1'lan, dated February 19, 1997, revised as per PEC (Design Workshop). 7. Snowmelt Areas Plan, dated February 19, 1997, revised as per PEC (Design Workshop). 8. Sun/Shade Studies, dated February 19, 1997, revised,as per PEC (Design Workshop). 9. Garage-Level Floor Plan, dated February 20, 1997 (Pierce Segerberg & Associates, Architects). 10. First-Level Floor Plan, dated February 20, 1997 (Pierce Segerberg & Associates, Architects). 11. Second-Level Floor Plan, dated February 24, 1997 (Pierce Segerberg & Associates, Architects). 12. _ Third-Level Floor Plan, dated February 20, 1997 (Pierce Segerberg & Associates, Architects). 13. Fourth-Level Floor Plan, dated February 20, 1997 (Pierce Segerberg & Associates, Architects). 14. Fifth-Level Floor I'lan, dated February 20, 1997 (Pierce Segerberg & Associates, Architects). 15. Roof Plan, dated February 20, 1997 (Pierce Segerberg & Associates, Architects). 16. North/South Elevation Plan, dated February 24, 1997 (Pierce Segerberg & Associates, Architects). 17. East/West Elevation Plan, dated February 24, 1997 (Pierce Segerberg & Associates, Architects). SECTION 5 In addition to the Approved Development Plan described in Section 4 above, the following development standards have been submitted to the Planning and Environmental Commission for its consideration and recommendation and are hereby approved by the Town Council. These standards are incorporated in the Approved Development Plan to protect the integrity of the development of Ordinance 4 3 Series of 1997 ~ Special Development District No. 35. The following are the development standards for Special Development Disirict No. 35: A. Lot Area - The lot area consists of approximately 24,089 square feed 0.553 acres. B. Density Control - The maximum GRFA for the Austria Haus shall not exceed 40,429 square feet. This figure includes 10,234 square feet of hotel accommodation units and 30,195 square feet of fractional fee club units. The approved density for the Austria Haus includes twenty-two (22) fractional fee club units, twenty-six (26) hotel rooms (accommodation units) and one (1) on-site manager's residence (Type III Employee Housing Units), for a total of 35.5 dwelling units per acre. C. Site Coverage - The maximum site coverage for Special Development Dish-ict No. 35 shall not exceed 16,371 square feet, or 68% ofthe lot area, and shall be as indicated on the Approved Development Plans. D. Setbacks - The setbacks of the Austria Haus building shall be as indicated on the Approved Development Plans. E. Landscaping - All landscaping shaU be in accordance with the Approved Development Plans. F. Height - The maximum height of the Austria Haus building shall be as indicated on the Approved Development Plans. G. Parking and Loading - Section 18.52 of the Town of Vail Municipal Code prescribes the pazking requirements for development. Forty-eight (48) underground on-site parking spaces and approximately 16.26 parking pay-in-lieu spaces. Payment into the Town of Vail Parking Fund shall occur prior to the issuance of a building permit, in accordance with Section 18.52.160 (b) (5) of the Town of Vail Municipal Code. The required number of loading and delivery berths shall be a total of 1 berth, in accordance with the Approved Development Plans. H. Commercial Area - The ma.ximum commercial area for Special Development District No. 35 shall not exceed 4,440 square feet, or 11 % of the allowable GRFA, and shall be as indicated on the Approved Development Plans. 1. Common Area - The maximum allowable common area for Special Development District No. 35 shall not exceed 15,308 square feet, or 38% of the allowable GRFA, and shall be as indicated on the Approved Development Plans. ordinance a 4 sa.ries or 1997 J. Uses - The underlying zoning for Special Development District 1Vo. 35 shall be Public Accommodation. Tlie pernutted, conditional and accessory uses shall be those listed in Chapter 18.22 of the 1Viunicipal Code of the.Town of Vail with the exception of restaurants or similar food ervice operations. , ~ECTION~ , The developer, agrees with the following conditions, which are a part of the Town's approval of the establishment of Special Development District No. 35: 1. That the applicant meet with the Town staff, prior to appearing before Town Council for the first reading of an ordinance establishing Special Development Disfict IVo. 35, to formulate a construction phasing plan and to determine financial responsibilities for the off-site improvements to Slifer Square, East Meadow Drive and the revegetation of the Town-owned stream tract, south of the Austria Haus. Staff will then make a recommendation to Council regarding the construction phasing and financial responsibilities of the off-site improvements. 2. That the applicant prepare a deed restriction or covenant, subject to the Town Attomey's review and approval, restricting the cunent and future owner's ability to locate a restaurant or similar food service operation on the Austria Haus property. Said deed restriction or covenant shail be recorded with the Eagle County Clerk and Recorder's Office prior to the applicant submitting for a building permit. 3. That the applicant submit the following plans to the Department of Community Development for review and approval as a part of the building permit application for the Austria Haus: a. Tree Preservation Plan; b. Erosion Control and Sedimentation Plan; c. Construction Staging and Phasing Plan; d. Stormwater Management Plan; e. Site Dewatering Plan; and f. Traffic Control Plan. Ordinance 4 5 serias or 1997 P 4. That the applicant provide deed restricted employee housing which complies with Town of Vail Employee Housing requirements (Chapter 18.57) for a minimum of eleven (11) employees, and that said deed restricted housing be made available for occupancy and the deed restriction(s) recorded with the Eagle County Clerk & Recorder, prior to requesting a Temporary Certificate of Occupancy for the Austria Haus. 5. That the applicant pay into the Town of Vail Parking Fund for the required number of pay-in-lieu parking spaces, as deternvned at the time of building permit application (approximately 16.26 spaces), prior to requesting a Temporary Certificate of Occupancy for the Austria Haus. The applicant shall be required to purchase the pay- in-lieu spaces at the rate in effect at the time of building permit application. 6. That the appiicant either remove that portion of building floor area (enclosed areas) currently proposed on Town of Vail property (northwest portion of building/front entry drop-offj, or appear before the Town Council with a request to subdivide and trade land with the Town. Should the Council agree to a trade of land, all costs incurred to accomplish the land trade shall be paid by the applicant. At this time, the applicant is anticipating a minor subdivision to amend the location of the north property line. The applicant is proposing to trade land with the Town in order to gain an additional one-to-two feet of property along the northerly property line. In exchange for this land, the applicant is proposing to dedicate a triangular piece of properiy, adjacent to Slifer Square, to the Town. 7. That the applicant revise the building floor plans to provide at least 10, 100 square feet of accommodation unit square footage, to conform with the equivalency requirement for fractional fee club units, prior to appearing before the Vail Town Council for the first reading of the ordinance establishing Special Development District No. 35. According to "as-builts" prepared by the applicant, 10,100 sauare feet of accommodation unit square footage exists in the Austria Haus. Calculations of the proposed accommodation unit square footage indicates that the applicant needs to provide an additional 181 square feet of accommodation unit square footage. In order to meet this requirement, staffwould recommend that the applicant convert the lock-off for Fractional Fee Club Unit # 10 to an accommodation unit. This would Ordinance 4 6 Series of 1997 increase the total number of accommodation units to twenty-six (26) and increase the equivalency square footage to 10,234 syuare feet. 8. That the following design considerations be carefully reviewed by the Design Review Board: A) 1'hat the mullions on the windows and doors, as depicted on the building elevations, be a required element of the Austria Haus project. B) That the applicant further modify the south elevation of the structure, as this elevation continues to be too architecturally repetitive. C) That the applicant revisit the originally contemplated design which incorporates the loading and delivery facility in the underground parking structure. Staff believes that trying to accommodate loading and delivery in the front entry drop-off area will result in conflicts between pedestrians, vehicles accessing the parking structure, and delivery trucks. Staff understands the original design option may not be the desire of the owners of the Village Center Condominiums, yet we believe the impact can be mitigated with appropriate screening. D) That the improvements recommended for East 1Vleadow Drive, as depicted in the approved Town of Vail Streetscape Nlaster Plan, be implemented as a part of the Austria Haus project. This includes a reduction in street width from 30 feet to 26 feet (14 foot bus lane and 12 foot attached, paver pedestrian walk). E) That the applicant increase the roof overhangs on the building. Cusrently, the overhangs vary from two feet to three feet. Staff would recommend that all the roof overhangs be a minimum of three feet, with the exception of the overhangs on the dormers. F) That a minimum of 25 lineal feet of additional glass area (55%) be added to the ground floor (north and east elevations) of the structure. This would make the Ausfia Haus generally consistent with the transparency of other buildings in the Village. Ordinance 4 7 Series of 1997 . ' G) That the applicant review and modify the balcony configuration on the building in order to eliminate the repetitive nature of the existing design, particularly on the south elevation. The majority of the balconies on the Austria Haus are located on the south side of the building, although several french balconies have been incorporated into the design of the north side of - the building on the upper floors. H) That the applicant prepare a comprehensive sign program for the Austria Haus. The comprehensive sign program shall be reviewed and approved by the DRB. SECTION 7 Amendments to the Approved Development Plan which do not change its substance may be approved by the Planning and Environmental Commission at a regularly scheduled public hearing in accordance with the provisions of Sections 18.66.060 and 18.40.100. Amendments which change the substance of the Approved Development Plan shall be required to be approved by the Town Council after the above-procedure has been followed. The Community Development Department shall determine what constitutes a change in the substance of the Approved Development Plan, in accordance with the Municipal Code of the Town of Vail. SECTTON 8 The developer must begin construction of the Special Development District within three (3) years from the effective date of this ordinance, and continue diligently toward completion of the project. If the developer does not begin and diligently work towards the completion of the Special Development Disfict, or at any stage of the Special Development District, the developer shall recommend to the Town Council that either the approval of Speciai Development District No. 35 be extended, that the approval of Special Development District No. 35 be revoked or that Special Development District No. 35 be amended. SECTION 9 If any part, section, 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. Ordinance 4 8 Series of 1997 a SECTION 10 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED - PUBLISHED ONCE IN FULL OIV FIRST READING this 4th day of 1Vlarch, 1997, and a public hearing for second reading of this Ordinance set for the 25th day of 1Vlarch, 1997, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. , Robert W. Armour,Mayor Attest: Holly L. NTcCutcheon, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED II~ FLTLL this day of _ .1997. Robert W. Armour, Mayor Attest: , Holly L.1VIcCutcheon, Town Clerk Ordinance 4 9 Series of 1997 RECEIVED: 2-28-87; 12:51PM; 3038275956 TOV HUMAN RESOURCE; #1 JAMES FRANKLIN LAMONT 363$275856 P.01 ~~~T WHILAGE Ha~~~~~~~~~ ~~~~CU710Ng INC. Officers: PresiCent - Bob Galvin 5ecretary - Gretta Parks Treusurer - Patrick Gramm Directors - Judith Berkowitz - Doiph Bridgewater - Ellie Caulkins . Ran Langley - Bill Morton - Connie Ridder To: NYayor 13ob Arrnour and 'd'own C;ouncil Nlembers From: Jirrn Lamont, Executive Director Date: February 28, 1997 1tE: Sannenalp Austria Haus SDD Proposal The I-Iameowners Association has the following concerns regarding the proposed Sonne- nalp Austria Haus Special Developrnent District. 1. 1'he sheer magnitude of the "variations" fr+om the underlying zoning standard. a. Prior to approval of tliis proposal we request the Town Cauncil review and comp are the magnitude of vanatians as well as the terms and conditians under which Special DeveIap- ment LDistria#s have been approval throughout Vail Village.The comparison should snclude Spe- cial Developmernt Districts for the Vail Athletic Club, Christiania Lodge, Rams Harn Lodge, Galatyn Lodgea Cornace Buildinga the Golden Peak House as well as other appropriate campara- ble developzment such as the Sonnenalp Bavaria Haus. Comrncnt: There is the appeazance that the applicant is receiving a"specia! privilege" not available to all ather property owners in the same or similaz zvne districts. As a conseque:nce propea~ty ownegs ia~ similat circ?~msstances do not appear to be receiving fair and equal treatment under tfie zoning Iaws. b. Prior to approval of this proposal we request the Tnwn Council review aaid cornpare the zone statistics far the Village Center, Nlquntain Haus, Crassroads Center arad the Vail Atlitet- ic Club. Comiment: If there is a similarity zn zoning sta.tistics on properties in ttae Pub1iC Accam- modation Zone District alvng East Meadow I)rive as weH as thase propertYes adjacent to the pro- pased Sonmenalp Austria Haus, then the zoning district for these properhes should be rezaned to uniforrm and consistent standards. 2. How is this proposal so tatally unique to its Iocation that it cannot be used as a prece- dent for other proposals to emulated? a. Prior to the appraval of this proposal we request the Town Council to review those sites through Vail vilIage,and Lionshead that could be subject to si~ailar or higher "variations" from their underlying 2vrung districts. Com~ent: 'There is an alarnain trend in the de ree Qf "variations" from the densifi.y stan- m dards gra~rttted to Special Development ~istricts in Vaii ilia e. Subsequent to litigation over the Vaii Athletac Club Special Developnnent Distnict, the fornaeroum Council discouraged major deviations from the density standards in Special Development Districts. There is concern tliad there appears to be a strategy by Town Adminastrdtors to sacrifice the eharacter of Vail Village in order to increase sales tax revenue sources. IZenewa.l, regenera- tion and preservation are essential activities in sustaining a resort community. However, the over-developmen# af Vail Village can easily orase the umque qualities of character that draw visitors to it. An over-zealous quest for revenue sources, mcluding exactions for local honsing and streetscape impravements should not be the determinants for granting major density varia- tions. Further, we clo nat believe the community is sufFiciently aware, of the magnitude nor the implications of the propasal. Post dffice Box 238 Vail, Colorado 81658 Telephone: (970) 827-5680 Message/FAX: (970) 827-5856 Merreorandum To: Town Council From: Andy Knudtsen, Senior Housing Policy Planner Subject: Public Works Seasonal Housing Date: March 4, 1997 The paerpose of thes worksession es to: , 1. review community response from the open house; 2. understand staff research concerning site constraints and confirm the proposed density; 3. approve the proposed budget; 4, and give direcrion to staff to proceed with the next step, which is application for PEC conditional use approval. Problem/Opportunity Statement (adopted by Council on 2-4-97) The opportunity exists to provide housing for seasonal employees on Town-owned land adjacent to the Public Works facility in conjunction with a requirement for three units of housing imposed by the Town's Planning and Environmental Commission. There is little to no affordable seasonal housing within the Town of Vail. The community expcriences the result of this problem primarily as it affects our status as a world-class resort. Our economic vitality is threatened as necessary jobs go unfilled or are filled with unmotivated workers. Competition for cmployces is no longcr just between ski areas or between regions, but has now become an issuc within thc Vail Vallcy. I;mployees who find housing down valley are likely to find jobs there, too. This problcm has directly impacted the Town of Vail in its efforts to fill employment positions. During last year's ski season, bus and traffic control services were reduced because driver and Community Safety Officer positions rcmained unfillcd. IPQ'OCBSS G9Ve69S See attached sheet Resae?ts of Open House - * Two plans presented (see attachment drawings). * Approximately 35 - 40 people attended. * Community members preferred higher density. * Little concern about the visibility of the buildings (as long as high quality architecture provided and parking areas screened). * Participants were informed that site constraints would affect density. cConstu-agnts: 1Vlajor issues: * Tunnel, Budget, CDOT (Frontage Road improvements) Minor issues: * Geo-tech, Hazard evaluation 1 Costs C'osts directly associated with the hot~sing,:. Construction of 24 units: 1,320,000 Design and Contractor's Fee 225,000 Site work: 300.000 Sub total: 1,845,000 C'c,sts associated with the Public Works site: Site work around the Administration Building: 100,000 Site work/safety improvements around the tunnel: 100,000 Sub total: 200,000 Costs associated with the Frontage Road (CDOT): Sight distance triangles: 50,000 Road widening: 225,000 Sub total: 275,000 Grand Total: 2,320,000 Phasing option Staff recommends No Phasing, Square footage costs escalate dramatically when phased. No savings from subcontractor efficiencies. Costs of inflation. CDOT review and approval The Public Works existing uses are grandfathered by CDOT (i.e., they are permitted to continue without meeting CDOT requirements). Any change of use generating an increase of more than 20% of the existing traffic volume will trigger Frontage Road improvements. If viewed independently of any proposed housing, the current level of Public Works' traffic volume would require Frontage Road improvements, if the site were • not grandfathered. Staff anticipates CDOT approval for the additional traffic volume to be generated by the housing conditional upon the construction of a right turn acceleration lane and a right turn deceleration lane. The cost for these lanes is listed above. If CDOT's decision is different from that anticipated by staff, we will return to Council to deternune an alternative plan of action. Revised Schedule: Determination by CDOT late March PEC/DRB worksession March 24 Status report to Council March 25 PEC final hearing April 14 DRB hearing Apri116 Grading permitBuilding permit early May/early June Occupancy December 1 2 lPubl'ec VVorks Seasonal Housing ]Pe-oblean/Opportunity Staferreent ApprovecY by 'g'owm Council F'ebruary 4,1997 TEne Problem/OpporguneQy Stagement: The opportunity exists to provide housing for seasonal employees on Town-owned land adjacent to the Public Works facility in conjunction with a requirement for three units of housing imposed by the Town's Planning and Environmental Commission. There is little to no affordable seasonal housing within the Town of Vail. The community experiences the result of this problem primarily as it affects our status as a world-class resort. Our economic vitality is threatened as necessary jobs go unfilled or are filled with unmotivated workers. Competition for employees is no longer just between ski areas or between regions, but has now become an issue within the Vail Valley. Employees who find housing down valley are likely to find jobs there, too. This problem has directly impacted the Town of Vail in its efforts to fill employment positions. During last year's ski season, bus and traffic control services were reduced because driver and Community Safety Officer positions remained unfilled. lPa-ocess Gnveuus: 1. Seasonal housing will be built on the Public Works Site to fulfill a requirement of the Town of Vail Planning and Environmental Commission. A building permit must be issued by July 31, 1997 to fulfill this requirement. 2 The project is intended to address the housing needs of Town of Vail seasonal wage earners and other critical governmental employees. 3. Given that employee housing is one of the top priorities of the community and that availability of land is one of the most significant constraints to the development of affordable housing, this opportunity will be optimized. Actual density on the site will be determined through the conditional use process, based on analysis of site constraints, the recommendations of staff and the development team, and with input from the community. 4. Although the existing berm along I-70 screens much of the Public Works day-to-day operations, some or all of the housing may be visible above the existing berm after construction. 1 5. All parking for the housing development will be provided on-site. 6. The site is zoned General Use and the proposed housing must be approved as a Conditional Use by the Planning and Environmenta.l Commission. The Design Review Board must approve the design of the building(s) and the site plan. 7. Use of manufactured housing may be considered as a cost effective alternative for this site. All construction will be consistent with the Town's Municipal Code and the Uniform Building Code, including the Design Review Guidelines, as enforced by the Design Review Board. 2 8290 _ FURTHE~j~FN5ITY C(2NST~R~I;115_ a~ ryry I na . FI U 1 I.) GDOT ACCEL/DECEL LANES rN Ki1G+E`+ - - 2) CARRYING CAPACITY OF 1-10 TUNNEL a 3.) GEOLOGICAL HAZ4RDS/DEBR15 FLOW uvR~ o k I. . r • 8280 4) CARRYING CAPACITY OF SiE UTILITIES . - 2 TYPICAL UNIT sF 7 I I _---f 8270 ! 1 I ) l 1a--- / AI acete r. a.o B3-t - 9.7.. 13 / / - BB 0 ~ 1-__1 - 03_Ij ~ i - Lg ` 52.5 O W O i - - - - - - - - - - - - - - - - - - - - r - A9• AI-e 7-7 .ly 'BOW-DER RETAINlrJGWA- - LL---- . A ? 1 u _ A3-1t3 ~.n 7-\/ AI- - - - - - w-aLC e2ao~ pMIN15TRgTION I I/ I I -I I j-~PERUE~LPA- LOUI `~/-,-1~' ' r ~ ~ i I ~ r I' ~ G . AIN i _ -T COV6RLD 3TAIRrrRA3N /AIL VLLL EY DRIVE ENCLOSURE - - i ..J ELOw IrA6 _I N ' put, I DER1AINIG (3 v) 0 ELI / / I EXISTING. e EF79 ._LAJV153CANIP.G+n~ ~ w tf Q F 7.7 0 _j U Q Q l m NORTH - - - - ' - - SCHEMATIC PLAN ~ T~ Y - - ' - - _ - - N a~ 3GALE I 20 0 AI Q OPTION A ct~ ' BUILDING A - 24 UNITS O - BUILDING B - i 15 UNITS ~ - U_ TOTAL 42 UNITS PARKING: PUBLIC W10k~GS n 95 SPACES NOU5ING • 42 SPACES I HANDICAP - 2 SPACES 6UE5T - ro SPACES_ TOTAL - 145 SPACES 19 SPACES WITI-IIN STRUCTURED PARKING ~ - - _ ezgo - ~ ~ ; . . _ - ~ - _ ~ ~ ~ - . . . ! FuLh~P_~N~li~ 1"GONSTRAINTS: nank r.ircueHr v ` . o 1~ ' . UCDOT ACCEL/DEGEL LANES ~ ~ ~i ~ ~ . . 8:e0 2J CARRYII~~ CAPACITI' OF I-10 TUNNEL I , . : ~ , ~ ~ ~ ~ ;t._ 3) ~ ' GEOLGGICAL NATARDS/DEBRI5 FLOW uv j . • ' , . . ~ _ . . 4J CARRYING CAPAGTY Of- SITE UTILITIES eeoFOai r . . , . - . . . . . . . . . . , ' ~ . - . ~ . r J , I - _ . r~ ~ ' ONEEEDROOM 7 -~19aBF.~ V i . . , . . 1 ~ _ . ti. rT-FIcAL UNIT ~ . , ~ ' . . J / / / . : . l` . - _ . . / ~ . . . ~ . " . ~ . , , - - - - , _ ~ ~i . - - , . _ I / »-71 - : . . . _ „ . / . ~ . . ~ - . . ~i . . . . . . , _ . , . . ~ . . " / .U10 ~.?l~11 ~I.1 , _ ` ' ~7 a5u •BOIILDERRETAINN(, WdLL-= 782E0 ~ \~`i/,~I / ' - 'i]~ , '1]'U' ~.1 O~ C) - l i ~ •,'/i . . ~ ~.~i.r' L . . W I'~'i ~ ~i/"~ ' i : i . . . . - cl , ~ , , . . _ . " . . , . ' ~ , , ~ ~ ~ ~ _ ' • ~ .i i _ . . . . ~ ~ . . , t. ~ _ , . , _ _ . . _ . r , - ~ . y. i . Si o , . ~ . . . , . ~ . _ ' _ ' - . . , - . ~'BoULDCRRETliNIW-, - ~ Wr1LL O f 1 Y ~ _ i: J • ' . . . , . . • - - ~.b ~COVGREiG SiAIR/TRA51I TION :UPPER LevEl. ; ~ i i ! rT-- 10 ~ , - j VAIL vA{~LEI' DRIVC ~ , ~ ,I I . . c~ . . , • w • ~ , r C~ ~ ' ; ~ ; ~.R1,.~ E~ . . y,; BOULDER/RETAINING IIALL ~6011LDER REiAINING WALL , . ~ . . ~ ~l,IIJG , , • ~ ' . .~-i~ , . . , . ~ I . J A ~~yty p • . ~ ~ . ' ~ V~~~~~ ~ ~ ' i/.,. ~ ~ ' -~Ti~ i' ~ U u o 0 pAFy~NG . ~ "~IG U10F~`5 1' r " . ' ~ ~I ~ i cs , . . ' 'j~ ~ 9TING v ~ ~`a~v': • _ ~ . ; i ` . D5Cl,N hG . ! . ~ . i~' ~ . , 7 - _ . m t. / ' ' ' ' . ~ - , A~ - , . ' • - ' : : . _ _ . . . , _ _ . . . _ . . . . ' . - . . . . . , . . . , . . ~ ~ . . _ . . ~ ~ ~ ~ . . • . . . ~ . . . . ~ . . ~ 45 . J ~!'1\' ' ~ • ' " 7 ~ , _ - , - . S Q a 0 ~ - - ~ ~ ll ° ~ l - ti . ~ _ . ~ , - - . _ - - - NOR7FI 0 _ = - - ~ . _ " - - " ~ _ I l . ~ ~ ~ iSGNEMATIC 517E PLAN - _ - - - - ~ ~ _ .m SC a~ r aLE. I 40 V - - , Q ; - - - - - - - , . I ~ - , , - _ C~N ` ~ _ ° {i - BUILDING - 3 STORIES U , 8 UNITS PER STORY' > II 24 UNITS TOTAL PARKING: PUBLIG U.OR1CS = 95 9PACES ~ NOUSING = 21 SPACES (INCLUDES 9 GUEST) j NANDICAP = 2 SPACES ~ TOTAL PA4KING = 124 SPACES ~ ~ IVlemorandum To: Town Council From: Andy Knudtsen, Senior Housing Policy Planner Subject: Public Works Seasonal Housing Date: Nlarch 4, 1997 The paarpose off ghas vvor9csessioan ns to: , 1. review community response from the open house; 2. understand staff research concerning site constraints and confirm the proposed density; 3. approve the proposed budget; 4, and give direction to staff to proceed with the next step, which is application for PEC conditional use approval. Probleen/Opportunn$y Statement (adopted by Council on 2-4-97) The opportunity exists to provide housing for seasonal employees on Town-owned land adjacent to the Public Works facility in conjunction with a requirement for three units of housing imposed by the Town's Planning and Environmental Commission. There is little to no affordable seasonal housing within the Town of Vail. The community experiences the result of this problem primarily as it afTects our status as a world-class resort. Our economic vitality is threatened as necessaryjobs go unfilled or are filled with unmotivated workers. Competition for employees is no longer just between ski areas or between regions, but has now become an issue within the Vail Valley. Employees who find housing down valley are likely to find jobs there, too. This problem has directly impacted the Town of Vail in its efforts to fill employment positions. During last year's ski season, bus and traffic control services were reduced because driver and Community Safety Officer positions remained unfilled. P6'OCeS3 G9de1f9S See attached sheet lResaa?ts of Open House • * Two plans presented (see attachment drawings). * Approximately 35 - 40 people attended. * Community members preferred higher density. * Little concern about the visibility of the buildings (as long as high quality architecture provided and parking areas screened). * Participants were informed that site constraints would affect density. ~on3tH'a91I1t3: Major issues: * Tunnel, Budget, CDOT (Frontage Road improvements) Minor issues: * Geo-tech, Hazard evaluation 1 d/ e4 N OF ~AIL TOW 75 South Frontage Road Office of the Town Manager Yail, Colorado 81657 970-479-2105/Fax 970-479-2157 NiEMORANDUM TO: Vail Town Council FROM: Robert W. McLaurin, Town Manager DATE: February 28, 1997 RE: West Vail Interchange As we discussed last week, if we uvish to proceed to construct the West Vail Interchange in 1997, we need to modify the capital projects budget. We are currently working to develop a recommended plan for modifying the capital improvements program. We will have this information for you at the work session on Tuesday afternoon. At this time it appears that the following modifications would need to made; delay the Lionsridge Loop street project, and allocate the housing acquisition funds to West Vail. We also anticipate using a portion of the general fund balance to finance this project. We are working with these numbers to determine how much fund bafance will be needed and to ensure this project can be U completed while maintaining the integrity of our ten year financial planning model. RWM/aw RECYCLED PAPER C~ Reconciliation of Capital Projects 1997 Budget & Estimate Revenue Shortfall ( Vllest Vail Interchange $4,000,000) 3,695,000 1997 Project Costs Deferred to 1998 Seibert Circle (342,000) Lionsridge Loop (2,532,000) Championship Enhancements (Slifer Plaza) (300,000) _ 1997 Project Costs Cut - IVewspaper Dispensers (73,000) . Transfer to Housing (475,000) Funds Needed in 1997 to Finish Projects Budgeted in 1996 272,294 Deficit in Fund Balance 245,294 CIP97.WK4 ~ CAPITAL PROJECTS FUND F7VE YEAR SUMh1ARY OF REVENUE AND EXPENDITURES ~ 1996-2001 1996 1996 Over (Under) 1997 1997 Over (Under) Bud et Fstimare Bud n Ori 'nal Revised BudAet 199R 1999 2000 2001 Rcvenue: Sales Tax 5,357,000 5,316,917 (40.OX3 6,313379 6.313379 0 6,471.214 6,730.063 6,x98.314 7,070,772 Lift7ar 1.030.000 1.024.537 (5.463 ('ounty Sales Tax 210.000 227,724 17,724 tihared Project ('osts 25,000 13,710 (11:.90 R0,000 80,000 RETT Loan Paymenl 1.072.189 1,072,189 0 2,000,000 2,000,000 0 , (frant - Vail Commcwts InfrastructLwe 300.000 75.000 (225.000 225.000 225.000 Vail Commms ('omm Lease 41.500 41,500 0 50,000 50,000 55,000 60,000 Fcderal grants- Busses 0 0 0 1,000.000 1.000,000 0 Wcst Vail Interchange Reimbwsement 4.000,000 (4,000,000 Parking Reimh 185,000 I8$,000 Note Rcpayinent - Police Aeparunent 0 0 p lransferfrcmtheGF 750,000 750,000 . Intcrest Income & Other 250.000 296,682 46,692 100,000 100.000 0 100,000 100,000 100,000 100,000 • Total Revcnue 9,179J 89 8,961 J59 217,430 13 45q g7g g 759,879 3 695 ppp 6 621 ' 14 6 80.063 7,05 3 314 7,230 772 (:IF'97. WK4 ~ CAPITAL PROJF.CTS FUND FIVE YEAR SIJMMARY OF REVENUE AND EJCPENDITURES ° 19Y6-2001 1996 1996 pver (Under) 1997 1997 Over (LJtder) Bud et Fscimate Bud et Ori 'naI Revised Bud tt 1998 1999 2000 2001 Equipmenl Purchases Pire Iruck Reploccment 310,000 287,100 (22,900 377,000 Firc -Iruck Addition 377,055 Fim l ruck Rcbui l d 100000 New C'apital Heavy [quipment 7H.91 S 11.600 (67,315 55.000 110.500 55.500 85.000 Ruses 1,787,040 1,786,785 (255 Repower Ruses 90,000 90.000 0 47,000 66,000 52,000 Replace Ituses 0 0 0 2,167,446 2.1R6.314 19,R68 2,020,000 ('opy Machine - Ccmm Dev 9,985 9,495 (snn (rxtputerReplacement $00,000 11,804 (499,196 600,000 600,000 • Maintenance Resurl'ace Muni Ruilding Parking 14.000 0 (14.000 20.000 20,000 tiveet Furnimre Replaccmrnt 20,000 22,970 2,970 20,000 20.000 0 20,000 20,000 Ras tihclter Rrplacemen[ Program 20,000 29.809 8,809 20.000 20,000 0 20.000 20.000 20.000 20.000 Parking Svucwre ('api[al Maintenance 195.000 193,415 K,415 ('apital tivmt Maintenancc 4R5,000 131,932 (153,06R 1R5,000 33R,000 153.000 370,000 225,000 152,000 1,133.000 Mwi 1lwlding Remoelel 25,000 24,096 i'acility C'apital 0 0 0 131.000 131,000 0 146,000 138,000 129,000 142,000 Streel Rernnstruction Gol(('ourse 700.000 687.942 (12.I58 10586 10586 Mat[erhnm 30.000 29320 (1.690 Linnsridge Arca 2,532,000 ~ (2.53..,000 2.658.600 Vail Va IIcyDrive 2,370,900 last Vail - Kridgc Rd 2,525,750 Fast Vail - Meadmv I.ane 2,307,900 (ilen Lyon 1.470,000 tioreetscape Projecls West Meadow [hive Scihcn C'ircle 0 4.640 4,640 457,000 95,000 (362,000 362.000 AIPP Seihen Circlc 906 906 20.000 20.000 Dnhsnn/Lihrary Plaza -Chutc 452,000 483391 31,31+1 4085 48,085 Gast Lionshead Rus Stop 0 3,971 3,971 0 0 0 1999 ('hampionship Enhancemen[s 600.000 300.000 (300.000 750.000 tili(cr Plaza <'hrck Point Charlie 'IR(' Stairs& Pavcrs Heating VV nrive 1('cut Sharc w! VAl 100.000 9.R34 (90J66 300.000 400.000 100.000 Buildings & Impruvemenls 7'nwn tihop hnprcrvcmenLs 3.115.670 2,697..'.09 (41 X,461 518,461 518,461 2.100,000 1,729,000 PW BuiWing Remrdel 600,000 600,000 0 Rcnovatiunofthclransponation('enter I.I00A00 1,006,160 (93,640 Vail Pirc Station 1,430.000 Pnlicc ncpartment tipace Expansion 17.216 6.770 (10,446 10,446 10,446 Wcst Entrv - Muni 13uilding & Sidcwalk 21,640 0 1.640 p p Bridge Construction 1'ulisRridge 130.000 107.847 (1-2.153 22.I53 22.153 ('rnrred Rrid e B 2.141 CII')7. WK4 3 ! ' CMITAL PRO.lECTS FUND e FR'E YEAR SIJMMARY OF REVENUE AND EXPENDI'TURES 1996-2001 . 1996 1996 Over (Under) 1997 1997 Over (Undea) Bud et Estimate Bud et Ori 'nal Revised Bud ec 1998 1999 2000 2001 (hhcr Improvemenis . Inswll New Bus Sheltcrs 20.000 0 Q0.000 Fire Depn - Diesel Exhaust System hnp 18,105 17.051 (1.054 ADA Crnnpliance 34,000 43,797 9,797 25,000 25,000 0 25,000 25,000 25,000 25,000 Svml Light Imprcrvemenl Program 50,000 40,968 (9,032 50,000 50,000 0 50,000 50,000 50,000 Sp_ppp fhainage Improvements 205,500 147,594 (57,906 114.000 170,000 56,000 121.000 164,000 140.000 147,000 News Paper Dispensers 54.000 0 (54,000 73,000 0 (73.000 Fibcr(lptic ('onnection 15.000 5.093 (9.907 15.000 15.000 0 15.000 15.000 15.000 ('hristmas I.ights 30.000 40.000 - ('hamtnix ('ulven Replacement 0 p p . ' Vail ('ommons Grant (Pass TTuv) 300.000 75.000 (225.000 225.000 225.000 - Ile) ipad ImprcrvemenLs 15.357 15.357 6.600 6.600 Inicrchange Improvemenls . West Vail lnterchange 300,000 265,920 (34A80 5,500,000 5,500,000 0 tiimha Run I Inderpa.as p p p Vail CrnTUnms Road [mprovements 0 0 0 400,000 400,000 0 Mnin Vail Interchange Improvements 100,000 57,701 (42,299 42,:99 42,299 X Mas Lights 20.000 13.543 (6.457 Masler Planning West Vail nesign Guidclines (Pass Ihru) 25,000 7,286 (17.714 West Vail I)evelopment 25.000 41.313 16.313 I.and l Ise Plan p 0 p L.ionshead Mastcr Plan p p p f fpdate Design (;uidelines p p p Fire Station Swdy 14,000 0 (14.000 14,000 14,000 Prqject D1anageroenl Project Management 57,000 21,464 (35,536 f)ther 2(14 L t )1'AL C~P Ilfl: AR~)VL PRO.fF~(15 10,339,071 8,499.700 I I.H41.014) 13.334.446 11,988,444 1.346.002 4.799.600 5,233.900 S,292 30S 9.039.900 1'ranslev to Parking - neficit 388,746 468,904 198,173 'I'ransfcriollousingFund 1JI5,000 1.140,000 (475,000 l ronslcr f'or nebt Servicc 1.176.514 1.176.514 0 1.313127 1.113,227 0 1.462,247 1.571.684 2.073.905 2.171.611 FL lntalC•xncnditures II.515.5R5 9.676.214 1.841.014) 16.362.671 1041.671 1.R21.002 6,261.R47 7.194.310 7.R35,p14 11.609.694 Rcvenuel)vcrlUnderlGxlxnditures Q336.39G1 (714.455~ 1.621.941 Q.907J441 (4JKIJ92) (1.873.998 359.367 (314,267) (781.700) (4.378.912 Rcginning Fund Ralance S-1SQ,95; 5-150,9i3 0 2.914.557 4,536,498 1,621,941 (245,294) 114,073 (200,194) (99I,894 Endiu fund Balancr 2.914.557 4,5,46,498 1.621.941 6,763 J245294) 252 Ot7) 114 073 (200,194) 981 894 (5,360,806 ('Ii'97. WK4 4 a TOWI+! OF VAD. 9 1997 - 1998 SIENNYAL BLJDGET - SUNIMAdtl' OF REVVEIiilJE ANID EXPENDI'd'UdtES AIVHD C'HAI+IGES M F[JtVD BALAIVCE VAII, I-IOUSllVG FUNID 1996 1995 1996 Amended 1997 1998 Actual Bud et Bud et Bud et Bud et 92even ue: ' ramings on lnvestments 51,385 30,000 30,000 20,000 0 FlousingRent 1R,453 28,728 28,728 30,134 54,841 Vail Commons Commercial Leases 0 0- 0 73,100 89,000 Red Sandstone Sales 0 0 0 1,300,000 0 Opcrating Transter tiom Capital Projects 0 0 0 1,715,000 0 Operating Transter from General Fund 30,000 30,000 158,500 30,000 30,000 ( Total Revenue 99,R37 88,728 217,228 3,168,234 173,84111 Expenditures: IIousing Administration 2,637 32,900 32,900 9,080 11,443 1-luttsing Projects: Public Works Housing 0 0 0 1,358,500 6,000 Rcd Sandstone Housing 0 0 0 1,300,250 0 Site Acquisition 0 0 0 1,393,000 0 Misccllaneous Projects 0 0 0 12,000 2,000 Tc~wn Managcr Lots 0 0 - 0 0 20,000 Arosa Drive A-Frame Redevclopment 0 0 0 0 16,000 Rental Expenses: 770 Potato Patch 152.766 9,600 11,300 6,820 7,072 Arosa Drive A-Framc 11 OS 0 5,000 5,000 5,200 r_ Total Fxpenditures 157,50R 41,500 49,200 4,084,650 67 715 Revenuc Over/(Under) Expenditures (57,671) 47,228 168,02R (916,416) 106,126 Beginning Fund Balance 851,008 736,278 793,337 961,365 44,949 Endin Fund Balance 793 337 783 506 961 365 44 949 -151 075 IIOUSING.WK4 5 ~ iVIiNUTES REVISED 03-04-97 VAIL TOWN COUfVCIL MEETING February 4, 1997 7:30 P.M. A regular meeting of the Vail Town Council was heid on Tuesday, February 4, 1997, in the Council Chambers of the Vail Municipal Building. The meeting was called to order at approximately 7:30 P.M. MEMBERS PRESENT: Robert W. Armour, Mayor Sybill IVavas, Mayor Pro-tem Kevin Foley Rob Ford Michael Jewett Paul Johnston MEMBERS ABSENT: Ludwig Kurz TOWN OFFICIALS PRESEiVT: Pam Brandmeyer, Acting Town Manager Tom Moorhead, Town Attorney Holly McCutcheon, Town Clerk The first item on the agenda was Citizen Participation. There was no Citizen Participation. Item number tvvo on the agenda was the Consent Agenda which consisted of the following items: A. Approval of the Minutes for the meetings of January 7 and 21, 1997. B. Ordinance No. 1, Series of 1997, second reading of an ordinance requesting to amend Sections 18.27.030, ' 18.29.030, and 18.30.030 of the Zoning Code to allow van storage/transportation related businesses in the Commercial Core 3, Arterial Business, and Heavy Service Zone Districts as a conditional use and add Sections 18.04.415 and 18.04.385 providing definitions for vehicle storage yard and transportation business. C. Ordinance No. 3, Series of 1997, second reading of an ordinance repealing and reenacting the Investment Policy set forth in Chapter 3.52 of the Municipal Code of the Town of Vail. D. Resolution No. 2, Series of 1997, a resolution designating additional signers Patricia Corbitt and Gwen Thomas and removing Russ Johnson and Walter Ingram on an imprest checking account for Library deposit transactions for the Town of Vail, permitted by the Charter of the Town, its Ordinances, and the Statutes of the State of Colorado. Mayor Armour read the Consent Agenda in full. Sybill Navas moved to approve the Consent Agenda and Paul Johnston seconded the motion. A vote was taken and passed unanimously, 6-0. 'fhirc9 on the agenda was Ordinance No. 2, Series of 1997, first reading of an ordinance creating Special Development District No. 34 in accordance with Chapter 18.40 of the Town of Vail Municipal Code; and setting forth details in regard thereto. Mayor Armour read the title in full. Town of Vail Planner pominic Mauriello explained the request and provided the following background: The applicants, Jim and Ronna Flaum are proposing to establish a SDD (with Residential Cluster as the underlying zoning) on the subject, property in order to allow a modification of the Eagle County-approved Planned Unit Development (PUD). The site is proposed to be subdivided into three single-family lots. The property is currently vacant and is comprised of two duplex lots. • The property is zoned Residential Cluster (RC). However, when the property was annexed to the Town of Vail, that annexation recognized the Eagle County-approved development plan for the property (a Planned Unit Development) per Ordinance No. 13, Series of 1981. The PUD for Lots 3 and 4 is specific. The county approval allows a duplex on each lot (a total of 4 units) and requires a parking structure for all of the parking on-site. The approval allows each dwelling unit a maximum of 2,200 sq. ft. of GRFA (8,800 sq. ft. total for both lots). The PEC, at its January 13, 1997 meeting, recommended approval (unanimously) subject to 8 conditions listed in the memo, and the following additional condition was also added: ~ 9) One Employee Housing Unit (EHU, Type II) is required for the entire development which must be provided I~ prior to, or in conjunction with, the Building Permit for the third dwelling unit constructed on-site. Five hundred (500) sq. ft. of additional GRFA shall be allowed for the construction of an EHU on each lot. Staff recommendation was for approval of Ordinance No. 2, Series of 1997 and SDD No. 34 on first reading. Dominic explained that based on the plan and density changes for the project, staff felt the SDD process would be the most effective way to facilitate the changes. Dominic also stated that the Applicant had agreed as a part of the plan to mitigate for large trees, (40) that could be mitigated. Council asked that be listed as an additional condition within the ordinance. Also Council requested clarification as to the 20' distance betw6en building envelopes, and pointed out that the memorandum stated 10'. The applicant, Jim Flaum, said he understood the distance was 20'. Kevin Foley asked about the possibility of building an EHU on each lot, and Mr. Flaum stated that there would be an EHU on Lot A, which would be their personal home. Dominic clarified that the tree mitigation issue had been included on the plans as a note. 1 Vail Town Council Evening Meeting Minutas February 4, 1997 A motion was then made by Rob Ford to approve Ordinance No. 2, Series of 1997 on first reading. Paul Johnston seconded the motion. Sybill Navas suggested the project be required to install bear-proof trash containers as an additional condition of approval. The motion was amended to include the additional condition. In response to a question from Mike Jewett, Town of Vail Environmental Health Officer, Russell Forrest explained the design of the container and stated the cost was approximately $500 per unit for a 90 gallon container. Rob Ford then withdrew his motion, amending it for approval of Ordinance 2 without the recommended bear-proof trash container condition. Paul Johnston seconded the motion. Russell Forrest was asked to provide further information regarding bear-proof trash containers, design, installation and cost. Paul Johnston stated he would like to see legislation requiring new residential developments to install bear-proof trash receptacles. A vote was then taken and passed unanimously, 6-0. FourQh on the agenda was a presentation of the Town of Vail/U.S. Forest Service Land Exchange. The presentation was presented by the Town's very own Environmental Health Officer extraordinaire, Russell Forrest. Councif members were asked to determine which properties should be included in the exchange agreement with the Forest Service based on the approved appraisal. Several alternative configurations of what properties could be included in the exchange were reviewed in detail. Staff recommended that 2 or more properties be eliminated (i.e. properties that the Town would accept from the Forest Service) in order to more equalize the values of the exchange. Russell reviewed the history and explained that the goals of the proposed land exchanges were to: remove USFS lands from within the Town boundaries; reduce the risk of private land exchanges; address private and public encroachments; reduce the number of USFS special use permits; and to create an open space buffer around the Town of Vail. Russell then summarized that the exchange would: resolve private public encroachments on USFS lands; increase open space inventory by approximately 74 acres; obtain 3 potential housing sites (6.5 acres - the Red Sandstone development); remove USFS lands from within the town Iimits; reduce USFS Special Use Permits; provide legal • access for Rockledge and Ptarmigan; allow for construction of a new water tank in East Vail; increase private frontage on forest system lands by a net 3,131 (352%) linear feet in West Vail. Russell said the proposed exchange called for the Town of Vail to convey 4 properties totaling 77 acres to the USFS, the largest being the Trappers Run parcel, and the USFS with a total of 82 acres available to transfer to the Town of Vail. The difference in acreage and appraisal values needed to match more closely, Russell said. He then presented an appraisal of alternatives. Once an alternative had been selected, he explained, next steps would be taken as follows: Feb. 4 Afternoon work session to review and approve/disapprove of the final appraisal by motion. Evening meeting to determine what properties should be included in the exchange. Feb. 11 Afternoon work session to review the draft exchange agreement. Feb. 19 Evening meeting to consider a resolution to direct the Town Manager to sign the exchange agreement and to consider the first reading of an ordinance that would authorize conveyance of the Town owned land in the exchange to the U.S. Forest Service. Mar. 4 Evening meeting to consider second reading of the ordinance. Other actions required after the exchange include: 0 Annexation/De-annexation hearings, and 0 Zoning Hearings. Mayor Armour then invited the public to share their comments. Long time West Vail resident, Byron Brown said he ' lived adjacent to the S14 site, a USFS owned property included in the proposed exchange. He cautioned Council on the land exchange in his area and discouraged any possible future development of the site. He expressed his concern about the lack of water in the neighborhood. He then asked Council for an indemnification ensuring the site next to his property would be turned into a pocket park. If Council was not willing to provide the indemnification, he said the S13 and S14 parcels should be excluded from the exchange and remain under the ownership of the USFS. Next, Ernest Glatzle; also a West Vail resident, spoke about the severe traffic problem that already exists on Garmish Drive. He stated that 17 tots still remained undeveloped on Garmish Drive, and that the S13 parcel should remain open space. Another resident of West Vail then addressed Council. Karen Scheiddeger expressed her concern about excessive traffic, and said she would like to see the Town obtain the lots with the stipulation that they remain open space. Russell explained that should the land exchange take place, any USFS properties transferred to the Town would have to be placed into a zone district, which would be decided upon by Council at a later date. Rob Ford reiterated, stating that the process was multi-faceted. He reminded those present that the focus of Council at this time was to decide whether or not the Town of Vail should acquire the parcels and nothing further. Paul Johnston and SybiH Navas were in favor of Alternative 1, noting that right-of-way properties were'nt as valuable as other properties contained in the first alternative. Mayor Armour stated he preferred Alternative 2, as did Councilmen Ford and Foley. Rob Ford noted that any USFS owned lands that were not included as a part of the exchange to the town would have to be de-annexed. Mike Jewett was undecided as to which alternative he preferred. Rob Ford then moved to approve the land exchange as set forth in Alternative 2, assuming the dollar figures 2 Vall Town Council Evening Meeling Minutes February 4, 1997 .remained as reviewed. Kevin Foley seconded the motion. A vote was taken and passed, 4-2, Paul Johnston Sybill Navas voting in opposition. A motion was then made for adjournment by Paul Johnston and seconded by Kevin Foley. There being no further business, the meeting was adjourned at approximately 8:55 p.m. Respectfully submitted, Sybill Navas, Mayor Pro-tem ATTEST: Holly McCutcheon, Town Clerk Minutes taken by Holly McCutcheon (*Names of certain individuals who 9ave public input may be inaccurate.) 3 Vail Town Council Evening MeeGng Minutes February 4, 1997 b NilfVUTES ~ VAIL TOWN COUiVCIL iViEE.TIiVG February 18, 1997 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, February 8, 1997, in the Council Chambers of the Vail Nlunicipal Building. The meeting was called to order at approximately 7:30 P.M. IVIEMBERS PRESENT: Robert W. Armour, Mayor Sybill Navas, Mayor Pro-tem Rob Ford Michael Jewett Paul Johnston . . Ludwig Kurz MEIVIBERS ABSEIVT: Kevin Foley TOWRI OFFICIALS PRESEfVT: Bob iVicLaurin, Town Nianager Pam Brandmeyer, Assistant Town Manager Tom Moorhead, Town Attorney Holly McCutcheon, Town Clerk The first item on the agenda was Citizen Participation. Booth Falls resident, Darrie Blodgett expressed her concern about the controlled burn proposed by the U.S. Forest Service near the booth falls area. She said residents have been told by the Forest Service that approximately 2,000 acres are to be included in the burn, parts of which are town-owned lands, and that the burn would occur within 300 feet of their property. Residents are concerned with the proximity of the blaze to their properties, feel it is unnecessary, and will be aesthetically unpleasing once complete. Residents Gina Whitten and Evie Knott also agreed with Ms. Blodgett's concern, and asked the Council for support and help. Item number tnro on the agenda was Ordinance IVo. 2, Series of 1997, second reading of an ordinance creating Special Development District No. 34 in accordance with Chapter 18.40 of the Town of Vail Municipal Code; and setting forth details in regard thereto. fVlayor Armour read the title in full. Applicants, Jim and Ronna Flaum were present. Town of Vail Planner, Mike Mollica, sitting in for pominic Mauriello, presented the item and gave the following background:.The Council, at its February 4, 1997 meeting, unanimously approved the proposed SDD and Ordinance No. 2, Series of 1997 on first reading. The SDD will allow the site, currently consisting of two duplex lots, to be dubdivided into three single-family lots. Tree mitigation requirements had been added to the ordinance as condition number 10 per Council direction. The issue of bear-proof containers was discussed, and Mike referred to a memo dated June 7, 1994 regarding bear proof trash containers. Mike reviewed staff concerns in detail, stating if Council wished to pursue the issue it should be in the form of comprehensive legislation addressing the issue and not as a condition on the approval of the development. Further, he said staff was concerned with requiring bear proof-type containers for single-family or two- family homes as such containers would be required to be installed along the roadways in Town and might detract from the aesthetic quality of the community. The staff recommendation was for approval of Ordinance No. 2, Series of 1997 and SDD No. 34 on second reading. Paul Johnston recommended that Section 6 of the Ordinance be changed to reflect the approval of PEC. Paul then moved for approval of Ordinance iVo. 2, 1997 on second reading, and Rob Ford seconded the motion. A vote vvas then taken and passed unanimously, 6-0. ThiPd on the agenda was Resolution No. 4, Series of 1997, a Resolution adopting the Sister Cities Protocol Agreement between the Town of Vail, Colorado and Delatite Shire, Australia. Mayor Armour read the title in full. Council Member Sybill Rlavas presented the item along with Karen Phillips of the Vail Valley Exchange, and asked her fellow Council Members to consider creating a Sister City relationship with Delatite Shire, Australia. She said the relationship with the tVlt. Buller ski area was on the cutting edge of sister city relationships because of its regional focus, and that officials from Eagle County are also excited about the relationship. Paul Johnston moved to approve Resolution Rlo. 4, Series of 1997, and Sybill Navas seconded the motion. A vote was then taken and passed unanimously, 6-0. Fourth on the agenda was Resolution No. 3, Series of 1997, a Resolution Approving, Adopting, and directing the Town Manager to Execute the Exchange Agreement between the Town of Vail and the United States Forest Service. Mayor Armour read the title in full. Town Attorney Tom Moorhead and Environmental Health Officer, Russell Forrest presented the item and provided the following background: On February 11th at its work session Town Council directed staff to prepare a Resolution to consider approving the Exchange Agreement between the Town of Vail and the United States Forest Service. Russell then identified changes that had been made in the Exchange Agreement since Council's review, and stated that the agreement is binding on both parties and may only be amended or terminated by mutual consent. U.S. Forest Service representatives, Bill Wood and Kathy Hardy were present to address any questions. The staff 1 Vail Toun Council Evening Meeting Minutes February 18, 1997 0 recommendation was for approval of Resolution No. 3, Series of 1997. 4 Attorney Art Abplanalp then approached Council, stating he represented several adjacent property owners along Rockledge Road who objected to the appraised value ($2.4 million) of the Rockledge parcel that would be traded to the Town, and expressed an additional concern about the future use of the Forest Service property. Abplanalp suggested the agreement was not yet ready for signature, and requested Council prohibit access and further development on the parcel. Clint Jose, owner of Lot 3 on Rockledge Road said he was pleased that the Town had stepped in and provided his explanation as to hovv the negotiations first started. Town Attorney, Tom Moorhead stated that pursuant to Council's direction, staff has continued dialog with the U.S. Forest Service and that neither party had been subject to unfair advantage. Further, that the appraiser was selected by the Town of Vail, and is the same appraiser used by the property owners originally. Former Councilman, Merv Lapin, referred to earlier discussions of the Land Ownership Adjustment Agreement, stating that the intent on the Rockledge Road parcel was to only include the road, thereby, cleaning up access problems for property owners. He said the owners were to participate in the purchase of the parcel and that there was never an intent by the Council at that time to develop or build on the Rockledge parcel. Lapin said he uvas concerned that four spur roads already existed on the parcel making access easier to potential building lots. Town Manager, Bob McLaurin reminded those present that regardless of what the appraisal was, the most important issue was in getting the encroachments cleaned up. District Ranger Bill Wood stated there had only been one appraisal and one number, and that irrespective of the future use of the parcel, whether it be a plow turnaround, a cul de sac, whatever, the site is a buildable lot and that's how it was appraised. Additionally, he explained that Forest Service land is owned by the people of the United States and that a Forest Service Review Appraiser must be used to issue appraiser instructions when land trades are considered by the Forest Service. Rob Ford moved to approve Resolution No. 3, Series of 1997, a Resolution Approving, Adopting, and directing the Town Manager to Execute the Exchange Agreement between the Town of Vail and the United States Forest Service, with the condition that the four spur roads be removed from the agreement. Paul Johnston seconded the motion. Tom fVioorhead explained that if the agreement was not accepted by the Forest Service in the form Council had authorized, the agreement would be brought back before Council. A vote was then taken and approved unanimously, 6-0. Agenda item number five was Ordinance No. 5, Series of 1997, an Ordinance Authorizing the Conveyance of Fee Title to the Following Lands in Colorado: Sixth Principal Meridian T. 5 S.. R. 81 W. Sec. 11, that portion of the NE1/4SE1/4 lying northerly of the northerly boundary lines of Vail Heights Filing No. 1, according to the Plan recorded June 25, 1969, in Book 215 at Page 438 and Resubdivision of Buffer Creek according to the Plan recorded October 8, 1993 at Reception #98077; and that portion of the SW1/4SE1/4 lying northerly and westerly of the north and west boundary of Vail Das Schone - Filing No. 2, according to the Plan recorded as Reception No. 110984 EXCEPT the following parcel: Beginning at the northwest corner of Lot 10 of Vail Das Schone Filing No. 2; thence fV 02 degrees 10 seconds E 348.85 feet; thence S 88 degrees 08 minutes E 70.00 feet; thence S 47 degrees 52 minutes 03 seconds E 181.47 feet to a point being the northeast corner of said subdivision Lot 10; thence along the north line of said Lot 20, S 59 degrees 36 minutes 06 seconds W 246.47 feet to the point of beginning; and LESS AND EXCEPT a 1.29 acres parcel to be donated by Landowner; Sec. 14, Lots 16, 19, and 21. Containing an aggregate of 76.30 acres, more or less, in Eagle County. To the United States of America. Mayor Armour read the title in full and Council was asked to approve, modify, or deny Ordinance No. 5, Series of 1997 on first reading. Tom Moorhead explained that the ordinance defined the property to be included in the land exchange with the Forest Service, and stated that Section 4.8 of the Charter of the Tovvn of Vail requires that the sale of any real property must be authorized by ordinance. This ordinance provides for the conveyance of the property owned by the Town of Vail identified in the Exchange Agreement to be conveyed to the United States Government. It is an action necessary to convey good and marketable title to the United States of America. The staff recommendation was for approval of Ordinance No. 5, Series of 1997 on first reading. Rob Ford then moved to approve Ordinance No. 5, Series of 1997, and Paul Johnston seconded the motion. A vote was then taken and passed unanimously, 6-0. 2 Vail Town Council Evening Meeting Minutes February 18, 1997 Mayor Armour then noted concerns expressed during citizen participation regarding the issue of proposed controlled * burns. Bill Wood stated that an environmental analysis vvas still pending, and that a decision had not yet been made. He asked that names and telephone numbers of concerned residents be collected and provided to him so concerns could be addressed. He also suggested that those interested could be included on an informational field trip. Next was a report from the Town Manager. Bob McLaurin reported on a recent trip to Italy, Austria and Switzerland, and indicated he would be sharing his findings about the World Alpine Ski Championships, loading and delivery, and other issues in the coming weeks. He thanked Ludwig Kurz for his leadership and assistance during the trip. There being no further business, a motion was made by Rob Ford and seconded by Sybill fVavas for adjournment. The meeting was adjourned at approximately 9:00 p.m. Respectfully submitted, - Robert W. Armour, Anayor ATTEST: Holly NicCutcheon, Town Clerk Minutes taken by Holly McCutcheon ('Names of certain individuals who gave public input may be inaccurate.) 3 Vail Town Council Evening Meeting Minutes February 18, 1997 ORDINAYVCE NO. v Series of 1997 AN ORD9NANCE AUTHORBZING TFiE CON!lEYAIVCE OF FEE TVTLE 1'O THE FOLLOVVINC LANDS IR! COLORADO: Sixth Principa9 Meridiara . T. 5 S.. R. 81 W. Sec. 11, tFaag portaon of the NEI/4SE1/4 lying northerly of the norther9y boaanclary lines of VaBB Cieights Fu&ang Rlo. 1, accoPding to the Plan recorded June 25, 1969, in Book 215 at Page 438 and Resubdivision of Bufffer Creek according to the Plan recordec! October 8, 1993 a4 Receptioaa #98077; and 4hag port6oau of $he SWI/4SEI/4 Bying northeP@y and westerly of the north and vvest boundary of !laB9 Das Schone -FaBing No. a, according 4o the Plan recorded as Fteceptioea No. 110984 EXCEPT the foV9owung parcel: Begoneaung ag ghe northwest corner of Lot 10 of Vau6 Das Schone FiVing No. a; thence N 02 degrees 10 seconds E 348.85 feet; thence S 88 degpees 08 maeautes E 70.00 feet; thence S 47 degrees 52 rninutes 03 seconds E 181.47 fee$ to a po6nt bearag the northeast corner of said subdivision Lot 10; thence along $he north line of said Lot 20, S 59 degrees 36 minutes 06 seconc9s W 246.47 feet to the point ofi beginning; and L.ESS AND EXCEPY a 1.29 acres parcel to be donatec9 by Landowner; Sec. 14, Lots 16, 19, and 21. Containing an aggregage o$ 76.30 acres, more or less, in Eagle County. TO TCiE llNBTED STATES OF AMER9CA. WHEREAS, the Tov?rn of Vail is the owner of certain property particularly described in Exhibit A attached hereto; and WHEREAS, this conveyance will fulfill the obligation of the Town of Vail pursuant to the Exchange Agreement as adopted and approved in Resolution No. 3, Series of 1997 and attached hereto as Exhibit A. NOW, THEREFORE, BE IT ORDAINED BY THE TOWRI COUNCIL OF THE TOWIV OF VAIL, COLORADO: Section 1 The Town Council hereby approves the sale of property to fulfill its obligation to the United States Government which is more fully set forth in the Exchange Agreement attached hereto as Exhibit A. Section 2 The Town of Vail property to be conveyed is described as follows: 1 Sixth Princiqal Meridian T. 5 S.. R. 81 W. Sec. 11, that portion of the NE1/4SE1/4 lying northerly of the northerly boundary lines of Vail Heights Filing No. 1, according to the Plan recorded June 25, 1969, in Book 215 at Page 438 and Resubdivision of Buffer Creek according to the Plan recorded October 8, 1993 at Reception #98077; . and that portion of the SW1/4SE1/4 lying northerly and westerly of the north and west boundary of Vail Das Schone - Filing No. 2, according to the Plan recorded as Reception No. 110984 EXCEPT the following parcel: Beginning at the northwest corner of Lot 10 of Vail Das Schone Filing No. 2; thence N 02 degrees 10 seconds E 348.85 feet; thence S 88 degrees 08 minutes E 70.00 feet; thence S 47 degrees 52 minutes 03 seconds E 181.47 feet to a point being the northeast corner of said subdivision Lot 10; thence along the north line of said Lot 20, S 59 degrees 36 minutes 06 seconds W 246.47 feet to the point of beginning; and LESS AND EXCEPT a 1.29 acres parcel to be donated by Landowner;' Sec. 14, Lots 16, 19, and 21. Containing an aggregate of 76.30 acres, more or less, in Eagle County. Section 3 The Town Manager is hereby authorized and directed to execute such instruments of conveyance as are appropriate to convey fee title from the Town of Vail to the United States of America. - 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 effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this 18st day of February, 1997. A public hearing on this ordinance shall be 'This "donation" is necessary to arrive at equivalent value to be exchanged between the Town and the United States of America. 2 held at the regular meeting of the Town Council of the Town of Vail, Colorado, on the 4th day of March, 1997, in the Municipal Building of the Town. Ro rt W. Armour, Mayor , ATTEST: Holly McCutcheon, Town Clerk INTRODUCED, READ, ADOPTED AiVD ENACTED ON SECOND READING AIVD ORDERED PUBLISHED (IiV FULL) (BY TITLE ONLY) THIS DAY OF , 1997. Robert W. Armour, Mayor ATTEST: Holly McCutcheon, Tov?rn Clerk f:\ord97.5 Ordinance No. 1, Series of 1997 3 I EXCHANGE AGREEMENT This Exchange Agreement, made this J97~ day of , 1997, between the Town of Vail, a municipal corporation, whose ddress is 75 South Frontage Road, Vail, Colorado 81645, hereinafter referred to as the Landowner, and the United States of America, acting by and through the Forest Service, Department of Rgriculture, in consideration of the appraisals by the parties hereto of the land or interest in land herein described and other good and valuable considerations, the receipt of which is hereby acknowledged, do hereby severally agree as follows: WITNESSETH: Pursuant to the General Exchange Act of March 20, 1922, as amended (42 Stat. 465) and the Act of October 21, 1976 (90 Stat. 2743), the Landowner does hereby agree to convey to the United States of America the real property described in Schedule "A" enclosed hereto and made a part hereof. In exchange therefore, the United States of America agrees to convey to the Landowner by Patent issued by the Department of the Interior, the real property described in Schedule "B" enclosed hereto and made a part hereof. There will be no need to equalize values pursuant to Section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716) since the values were determined to be equal. The agreed to values for this exchange:are: Property of the Landowner: $4,502,000 Property of the United States: $4,502,000 First, the Landowner agrees to convey by Warranty Deed in accordance with Department of Justice standards when requested by the Forest Service, the lands or interest in lands described in Schedule "All to the United States of America and its assigns, together with necessary documents required to convey good title, free from all encumbrances except those set forth in Schedule "A." Second, the Landowner agrees to deliver all necessary docutnents to the Forest Supezvisor, White River National Forest, who will act as esdTow holder. Third, the Landowner agrees to furnish title evidence on the real property described in Schedule "A" in a form satisfactory to the Office of the General Counsel of the United States Department of Agriculture and pay any escrow expenses incurred herein. Fourth, the Landowner agrees to de-annex all remaining National Forest System land within the corporate boundary of the Town of Vail within one year of the closing of this land exchange. This paragraph ONLY of this Exchange Agreement shall survive closing until the de-annexation has occured and consititues a contractual obligation on the part of the Town of Vail. When title has been accepted by the Forest Service, the United States of America agrees to convey by patent the real property described in Schedule "B," subject to any encumbrances noted therein. OMB No. 0596-0105 (05-31-98) a ' Both parties agree not to do, or suffer others to do, any act by which the value of the real property which is the subject of the Agreement may be diminished or further encumbered. In the event any such loss or damage occurs from any cause, including acts of God, to the real property described in Schedules "A" or 11B," prior to execution of deed or issuance of patent, either party may refuse without liability to complete the exchange. This Agreement will be terminated in the event that either party cannot convey a good and sufficient title to the real property agreed to be exchanged. This Agreement is legally binding on all parties, subject to the terms and • conditions herein and may only be amended or terminated by mutual consent. Pursuant to an agreement between the Landowner and Vail Associates, Inc., the Landowner agrees to include a covenant in regard to ski area operations in all future conveyances of the Federal land (described as Lot 3, sec. 7, T. 5 S., R. 80 W., 6th P.M.) to be acquired by the Landowner. The specific language of the covenant shall be agreed to between the Landowner and Vail Associates, Inc. No member of Congress, or Resident Commissioner, shall be admitted to any share or part of this agreement or to any benefit that may arise therefrom unless it is made with a corporation for its general benefit (18 U.S.C. 431, 433). IN WITNESS WHEREOF, the Landowner, by..its duly authorized representative, and the Regional Forester, acting for and on behalf of the Forest Service, USDA, have executed this Agreement this Lth day of , 1917L. TOWN OF VAIL, a municipal corporation BY : v I a ITS : O W tJ &AdAqP 2- - FOREST SERVZCE U.S. DEPARTMENT OF AGRICULTURE . By: EL Z TH ES ILL Regional Forester Rocky Mountain Region, R-2 Public reporting burden for this collection of information is estimated to average 4 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Agriculture, Clearance Officer, OIRM, Room 404-W, Washington, D.C. 20250; and to the Office of Management and Budget, Paperwork Reduction Project (OIrID NO. 0596-0105), Washington, D.C. 20503. . 3 ACKNOWLEDGPqENT State of 1:610y=io ) ) SS: County of ) On this LM day of 1997, before me, 4 &e ~/»4^4^~j „ a Notary Public in and for sa' State, personally appeared /Q062p-f /1~Ca(~,p~,s . as for the Town of vai "-ipal corporation. hj1G~t1 *:4'• . IN WITNESS,WHEREOF, I hereunto set my hand o ~-od0 ~ 4 ~ r~ ~ ~j•~' . 4 : ' "O e O d A ~ A d p 0 ~ Nota •d~ ~ "ture Holly L. McCutdeon TF oF co~J ` My Commission expires : Rlntarf piihilr. . 75 S. Frortage RdL Vail, CO 81657 My Commission ExpIres 01/07199 ACKNOWLEDGMENT State of Colorado ) ) SS: County of Jefferson) On this _ftth day of , 1997, before me, DA4E- 1]A-N1 n~ ~ a Notary Public in and for said State, personally appeared El 17.Af3fT}} UnLL- IN.wITNESS WHEREOF, I hereunto set my hand and official seal. ~ ETATE ~ M Notary Public signature My Commission expires : /V16,u i9 qg 4 SCHEDULE A Lands, interest in lands, that the Landowner will convey to the United States of America: Fee title to the following lands in Colorado: Sixth Principal Meridian T. 5 S., R. 81 W. ' sec. 11, that portion of the NE1/4SE1/4 lying northerly of the northerly boundary lines of Vail Heights Filing No. 1, according to the Plat recorded June 25, 1969, in Book 215 at Page 438 and Resubdivision of Buffer Creek according to the Plat recorded October 8, 1963 at Reception #98077; and that portion of the SW1/4SE1/4 lying northerly and westerly of the north and west boundary of Vail Das Schone - Filing No. 2, according to the Plat recorded as Reception No. 110984 EXCEPT the following parcel: Beginning at the northwest corner of Lot 10 of Vail Das Schone Filing No. 2; thence N 01 degrees 51 minutes 10 seconds E 248.85 feet; thence S 88 degrees 08 minutes 50 seconds E 70.00 feet; thence S 47 degrees 52 minutes 03 seconds E 181.47 feet to a point being the nortbeast corner of said subdivision Lot 10; thence along the north line of said Lot 10, S 59 degrees 36 minutes 06 seconds W 246.47 feet to the point of beginning; and LESS AND EXCEPT a 1.29 acres parcel to be donated by the Landowner (see Schedule C attached hereto and made a part hereof); and sec. 14, Lots 16, 19, and 21. Containing an aggregate of 75.02 acres, more or less, in Eagle County. Subject to: Reservations: 1. Reserving to the Landowner and its assigns, a right-of-way, for non-motorized traffic only, over the existing North Vail Trail, over and across Lots 16, 19, and 21, sec. 14, T. 5 S., R. 81 W., 6th P.M., the easement being 10 feet in width, lying equally on each side of the centerline. Outstandinq RiQhts: 1. Right of way for ditches and canals constructed by the authority of the United States as resezved in the United States Patent recorded August 3, 1976, in Book 247 at Page 848 and rerecorded March 4, 1977 in Book 253 at Page 79. (Affects T. 5 S., R. 81 W., sec. 14, Lots 16 and 19.) 5 2. Right of way for distribution line purposes granted to Holy Cross Electric Assoc'iation, Inc., its successors or assigns as set forth in the Patent recorded August 3, 1976 in Book 247 at Page 848 and rerecorded March 4, 1977 in Book 253 at Page 79. (Affects T. 5 S., R. 81 W., sec. 14, Lots 16 and 19.) 3. Rights for an access road as granted to Community Television, Inc., its successors or assigns as set forth in the Patent recorded August 3, 1976, in Book 247 at Page 848 and rerecorded March 4, 1977 in Book 253 at Page 79. (Affects T. 5 S., R. 81 W., sec. 14, Lots 16 and 19.) 4. A perpetual exclusive easement to locate, construct, use control, maintain, improve, relocate, and repair a road as granted to the United States of America and its assigns in instrument recorded August 3, 1976 in Book 247 at Page 849. (Affects T. 5 S., R. 81 W., sec. 14, Lots 16 and 19.) 5. water and water rights, ditch and ditch rights. : 6. Right of a proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises as reserved in United States Patent recorded August 22, 1900, in Book 48 at Page 236. (Affects T. 5 S., R. 81 W., sec. 14, Lots 16 and 19.) 7. Right of way for all water ditches crossing the described property together with the right of ingress and egress for the purpose of maintaining such ditches, as reserved in deed recorded in Book 188 at Page 225. (Affects T. 5 S., R. 81 W., sec. 14, Lots 16 and 19.) 8. Any tax, lien, fee or assessment by reason of inclusion of subject property in the Vail Metropolitan Recreation District, as evidenced by instrument recorded December 17, 1987, in Book 475 at Page 819 and February 2, 1969, in Book 499 at Page 683. (Affects T. 5 S., R. 81 W., sec. 14, Lots 16 and 19.) 9. Right of a proprietor of a vein or lode to extract and remove his ore therefrom should the be found to penetrate or intersect°the premises as reserved in United States Patent recorded October 4, 1918, in Book 93 at Page 301. (Affects T. S S., R. 81 W., sec. 14, Lot 21.) 10. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded October 4, 1918. in Book 93 at Page 301. (Affects T. 5 S., R. 81 W., sec. 14, Lot 21.) 11. Right of way easement as granted to Holy Cross Electric Association, Inc. in instrument recorded November 5, 1971, in Book 222 at Page 170. (Affects T. 5 S., R. 81 W., sec. 14, Lot 21.) 12. Right of a proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises as reserved in United States Patent recorded August 11, 1900, in Book 48 at Page 236. (Affects a portion of the hereinbefore described land in T. 5 S., R. 81 W., sec. 11.) 13. Common access easement and water tank affecting subject property as shown on the recorded Plat of Vail Das Schone - Filing No. 2. (Affects a portion of the hereinbefore described land in T. 5 S., R. 81 W., sec. 11). 6 - 14. Reservation of an undivided 1/2 interest in and to the oil, gas and mineral rights to the above described Iand as set forth in Warranty Deed recorded December 30, 1959, in Book 165 at Page 133. (Affects a portion of the hereinbefore described land in T. 5 S., R. 81 W., sec. 11). 15. Lack of access to a public road or highway. (Affects a portion of the hereinbefore described land in T. 5 S., R. 81 W., sec. 11). . 7 SCHEDULE B Lands, interest in lands, that the United States will convey to the Landowner: Fee title to the following lands in Colorado: Sixth Principal Meridian T. 5 S.. R. 79 W. - sec. 7, Lot 1; and sec. 18, Lot 9. T. 5 S., R. 80 W. sec. 2, Lots 1 and 3; sec. 4, Lot 1; sec. 7, Lot 3; sec. 9, Lots 2 and 3; and sec. 12, Lots 4 and B. T. 5 S., R. 81 W. sec. l, Lot 23; ~ sec. 11, a portion of Lot 13 appoximating the SE1/4SE1/4SE1/4SW1/4. Containing 62.268 acres, more or less, Eagle County. (NOTE: The hereinbefore legal descriptions and the associated acres may change as a result of approval of Supplemental Plats issued by the USDI-Bureau of Land Management_ This Exchange Agreement may be amended to any discrepancies as a result of the approved plats.) Subject to: Reservations• Q 1. Reserving to the United States a right of way thereon for ditches and canals constructed by the authority of the United States Act of August 30, 1890 (43 U.S.C. 845). 2. Reserving to the United States and its assigns, a right-of-way for the existing road over and across Lot 9, sec. 18, T. 5 S., R. 79 W., 6th P.M., the easement being 20 feet is width, lying equally on each side of the centerline. 3. Reserving to the United States and its assigns, a right-of-way, for non-motorized traffic only, over the existing trail (Trail #2011) over and across Lot 1, sec. 2, T. 5 S., R. BO W., 6th P.M., the easement being 10 feet in width, lying equally on each side of the c.enterline. 8 . _ 4. Reserving to the United States and its assigns, a right-of-way, for non-motorized traffic only, over the existing trail over and across a portion of Lot 13, sec. 11, T. 5 S., R. 81 W., 6th P.M., the easement being 10 feet in width, lying equally on each side of the centerline. Provided, that if the Regional Forester determines that the roads or trails in paragraph numbers 2, 3, and 4, immediately above, or any segments thereof, are no longer needed for the purposes reserved, the easement shall be terminated. The termination shall be evidenced by a statement in recordable form furnished,by the appropriate Regional Forester to tfie • patentees/grantees or their successors or assigns in interest. - 5. Reserving to the United States and its assigns, a right-of-way over and across Lot 3, Sec. 7, T. 5 S., R. 80 W., 6th P.M., to the junction with Forest Development Road 4711 at the new forest boundary, the easement being 22 feet in width, lying equally on each side of the centerline. The right of way is presently provided on the existing Rockledge Road, and the northern end of Forest Development Road #711. If, in the discretion of the Landowner, it becomes necessary to relocate the existing Rockledge Road to create an 80 x 80 foot building site with at least 15,000 square feet of contiguous land area, both parties hereby agree that the location of the reserved right of way shall be moved. The Landowner agrees to provide notice of such relocation to the Forest Service to allow consultation, and concurrence as to location, between the parties to a continued right of way to Forest Development Road #711. Said relocation of the right of way, and all related road construction costs, shall be at the expense of the Landowner. Provided, that if the Regional Forester determines that the road or any segments thereof, are no longer needed for the purposes reserved, the easement shall be terminated. The termination shall be evidenced by a statement in recordable form furnished by the appropriate Regional Forester to the patentees/grantees or their successors or assigns in interest. 6. Unless otherwise specified herein, the rights-of-way reserved herein may be relocated, at the patentee's/grantee's expense, by mutual agreement between.the patentees/grantees; or their successors or assigns in interest, and the United States or its assigns and the execution of proper legal documents acceptable to the United States. Outstandinq RiQhts:' 1. Right of way Serial No. C-10482 issued to Colorado Department of Aighways on October 15,1969, for Interstate Highway Project I-70-2(7)183. (Affects T. 5 S., R. 80 W., sec. 2, Lot 3; sec. 12, Lots 4& 8.) 2. Right of way Serial No. C-3.6413 issued to Colorado Department of Highways on May 14, 1982, for Interstate Highway Project I-70-2(38), (Affects T. 5 S., R. 79 W., sec. 7, Lot 1; and T. 5 S., R. 80 W., sec. 12, Lot 8.) I . • 9 3. Right of way issued to Eagle County Board of Commissioners on August 16, 1971, for Lions Ridge Subdivision Road, being 80 feet in width, lying 40 feet on each side of the centerline, as recorded in Book 222 at Page 143 of the official records in Eagle County, Colorado. (Affects T. 5 S., R. 81 W., sec. 1, Lot 23.) Other: , 1. Landowner shall execute, or cause its successors in interest to execute with respect to such land suitable easements or agreements in favor of the - • parties now holding Fores.t Service Special Use Permits listed below. Said easements or agreements shall, as a minimum, authorize those rights, privileges, and obligations currently authorized by Forest Service Special Use Permits. A. Special Use Permit issued to Colorado RSA #3 Partnership through its General Partner, US West New Vector Group, Inc., dated May 1, 1994, for managing and operating communications uses (affects T. 5 S., R. 79 W., sec. 18, Lot 9.) . B. Special Use Permit issued to Colorado High Countxy Cellular Limited Partnership (AKA Cellular One), dated May 1, 1994, for managing and operating communications uses (affects Parcel T. 5 S., R. 79 W., sec. 18, Lot 9.) C. Special Use Permit issued to Town of Vail, Dept. of Public Works, dated September 19, 1989 for constructing and maintaining a trench-berm (affects T. 5 S., R. 80 W., sec. 2, Lot 1.) D. Special Use Permit issued to Holy Cross Electric Assn., Inc., dated July 6, 1984, for operation and maintenance of a transmission line (affects T. 5 S. R. 80-W., sec. 7, Lot 3.) E.. Special Use Permit issued to Holy Cross Electric Assn., Inc, dated July 9, 1984, for construction, operation, and maintenance of a transmission line (affects T. 5 S., R. 79 W., sec. 38, Lot 9; T. 5 S., R. 80 W., sec. 2, Lots 1& 3; sec. 7, Lot 3.) F. Special Use Permit issued to Vail Valley Consolidated Water District, (now Eagle River Water & Sanitation District), dated October 19, 1987, for construction, operation and maintenance of water and sanitation systems (affects T. 5 S., R. 80 W., sec. 2, Lot 1; sec. 7, Lot 3; and sec. 9, Lots 2& 3.) G. Special Use Permit issued to Upper Eagle Valley Sanitation District (now Eagle River Water & Sanitation District), dated November 3, 1982, for construction, operation, and maintenance of buried sewerlines (affects T. 5 S., R. 80 W., sec. 9, Lots 2& 3.) H. Master Permit issued to Mountain States T&T Co. (now US West Communications, Inc.), dated August 1, 1969, for operating and maintaining telephone and telegraph lines (aerial and buried cable) (affects Parcels T. 5 S., R. 80 W,, sec. 2, Lot 1; sec. 7, Lot 3; and sec. 9, Lots 2& 3.) 10 I. Special Use Permit issued to Public Service Company of Colorado, dated March 2, 1988, for construction, operation, and maintenance of natural gas distribution pipelines and related facilities (affects T. 5 S., R. 80 W., sec. 2, Lot 3; sec. 7, Lot 3.) 2. The Forest Supervisor, White River National Forest, shall secure partial relinquishments/waivers of the Special Use Permits listed in #1 immediately above, upon execution of the easements or agreements by the Landowner. Such relinquishments may be in the form of a relinquishment document or permit amendment. 3. The Forest Supervisor, White River National Forest, shall secure partial relinquishments/waivers of the following Special Use Permits which do not require a replacement easement or agreement by the Landowner: A. Ski Area Term Special Use Permit issued to The Vail Corporation, dated November 23, 1993, for constructing, operating, and maintaining a winter sports resort. (Affects T. 5 S., R. 80 W., sec. 7, Lot 3.) B. Temporary Special Use Permit issued to Vail Recreation District, dated May 1, 1993, for outfitting and guiding services (Affects all land hereinbefore described.) 4. Patent shall be issued subject to the following covenant which shall run with the land: "Grantee, their successors and assigns, doe hereby covenant and agree to refrain from the construction, erection or maintenance of any structures of any kind, filling of land, reduction in water supply or vegetal diversity, or modification of surface or subsurface flow paths on the acres of wetlands lo.cated within an area ten (10) feet above the normal high water demarcation along both banks of both tributaries of Booth Creek as measured along the slope of the land as well as the lands identified and delineated as wetlands. (Affects T. 5 S., R. 80 W., sec. 2, Lot 1.) (See Figure 5 entitled "Parcel S3 - Wetlands Delineated 10/31/9511, attached hereto and made a part hereof.) . S. Patent shall be issued subject to the following covenant which shall run with the land: "Grantee, their successors and assigns, do hereby covenant and agree to refrain from the construction, erection or maintenance of any structures of any kind, filling of land, reduction in water supply or vegetal diversity, or modification of surface or subsurface flow paths on the acres of wetlands located within an area ten (10) feet above the normal high water demarcation along both banks of Red Sandstone Creek as measured along the slope of the land as well as the lands identified and delineated as wetlands. (Affects T. 5 S., R. 81 W., sec. 1, Lot 23.) (See Figure 4 entitled "Parcel S9 - Wetlands Delineated 10/31/9511, attached hereto and made a part hereof.) 11 6. Patent shall be issued subject to the following covenant which shall run with the land: "Grantee, their successors and assigns, do hereby covenant and agree to refrain from the construction, erection or maintenance of any structures of any kind, filling of land, reduction in water supply or vegetal diversity, or modification of surface or subsurface flow paths on the lands identified and delineated as wetlands. (Affects. T. 5 S., R. 79 W., sec. 7, Lot 1.) (See Figure 3 entitled "Parcel S11 - Wetlands Delineated 10/31/9511, attached hereto and made a part hereof. ~ 12 . SCHEDULE C Lands to be donated to the United States of America: Sixth Principal Meridian T. 5 S., R. 81 W. A par•cel of land situated in the SW1/4SE1/4 of Section 11, Township 5 . South, Range 81 West of the Sixth Principal Meridian, County of Eagle, State of Colorado, being more particularly described as follows: Beginning at a U.S. Forest Service aluminum cap on aluminum pipe stamped "AP PLS 18478, whence the U.S. G.L.O. brass cap for the South one-quarter corner of said Section 11 bears S.010 51'1011W. a distance of 779.90 feet, thence N.01'0 51110"E. 237.49 feet; thence 5.880 08150"E. 237.49 feet; thence S.010 51110"W. 237.49 feet; thence N.880 08150"W. . 237.49 feet to the point of beginning. Containing 1.29 acres, more or less. Subject to: Reservations: None Outstandinq Riqhts: None Other: 1. The Landowner shall issue a utility easement, at or prior to closing of this transaction, to Eagle River Water and Sanitation District across a portion of the SW1/4SE1/4, sec. 11, T. 5 S., R. 81 W., 6th P.M. REsoLuTsoN No. 5 SERIES OF 1997 A ff2ESOLUTBOR9 DETERIIAIIdoNG THE NECESSITV OF, AND AIJTHORYZIIVG THE . AG(aVJ9S1T10N OF, AN EASEflAEfVT FOR STREET AND SIDENVALK USE ON LAND OWfVEDBV THE FIRSTBe4RlK OF VA9L, A COLORADO BANKING CORPORATIOiV, BY EITHER NEGOT9AT10N OR COfVDEMNATIOIV EOR TOVIIfV PIYBLIC PURPOSES. . WFfEREe4S, FirstBank of Vail, a Colorado banking corporation has ownership of property which is necessary and critical for street and sidewralk use. NOW, FHEREFORE, BE VT RESOLVED BY THE TOlAIN COUNC9L OF THE TOWN OF !!ABL, COLORADO THAT: 1. It is hereby determined that it is necessary for the public health, safety, and welfare that certain property be acquired from the FirstBank of Vail, a Colorado banking corporation, for a temporary easement associated uvith the West Vail Roundabouts road improvements project located within Tract C, a Resubdivision of Vail Das Schone, Filing No. 3, Vail, Colorado. The necessary property, as described in attached Exhibit A, is to be acquired by negotiation and purchase if possible; provided, hovvever, the condemnation of said property is hereby specifically approved and authorized. The property sought to be acquired is to be used for municipal public purposes. 2. The Town Attorney is hereby specifically authorized and directed to take all necessary legal measures, including condemnation, to acquire the property which is legally described and set forth in the attached Exhibit A, which is hereby determined to be necessary to be acquired to be used for a temporary construction easement for street and sidewalk use which is necessary and in the best public interest of the Town of Vail. 3. This resolution shall take effect immediately upon its passage. IiVTRODUCED, READ, APPROVED AND ADOPTED this day of March, 1997. Robert W. Armour, Mayor ATTEST: Holly L. fVicCutcheon, Town Clerk C:\RES01-1,197.5 Resolulion No. 5, Series of 1997 . ~ - . EXHIBIT A . A PAFiCEI.. OF LAND LOC/4'TED II11 SECl`ION 11. TOWNSHIP 5 SOIJTW, RA(NOE 61 WEST, OF THE SIXTH pRINCIPLE MERIDIAd!1 rOWN OF VAIL, EAGl_E CO`J1VTY, COLORADO - . . - . . _ . / ~ / " ~ - ~41L/ ~ ~F V A - flq75'4r,. h - GODU.Up' 44.1lr v'~y ? ' \ \ lracl C \ ` /1 R 4lxn).pn' / I - 67.n5' 2.5f,' L 131.1U' - ii. Ot . ~ VAII 1)A!: $CI_lQN[ . \ / ~~~~NG I ('I /1 I I C~ ~ f:30UNI)/1f:Y _ i ti11*~~:k n~: f) O I I 2, 0. W. ~ _ i, i n ~ < \ j ~ 831_ 4;q.(t. A - 01'20'43` ~ N Iit100.t1p' ' 1 - %p.d4' - I - t4u.en' ~ sv; j~'•'~/ i -"--s---= ~ leuct n ~ - f ~ I i;s'• ~ ' - ~ . ~ SCOIO: 1" _ 40' . . . ,~`l.. A LCGLdQ PkUPEkTY HtxJNfiAitY - ' - u ui IlY CA`,CMENT SET flACK i iNf g FOUNI) PItC1F'[RTY C(XtNFk SLC11(NV UNES PERMANF.NT f-11011HlY ACOUISITION ILMPOR/1RY CnNSTffUCIIUN CASCMENT S ir.~r ky u RESOLl1T'IOIV IVO. 6 SERIES OF 1997 A RESOLUT10N DETERMIN9NG THE NECESS9TY OF, AIdD AUThIORIZiNC THE ACQUiSITION OF, APd EASEMENT FOR STI2EET AND S9DEWAL94 USE ON LAPVD OUVIVED BV THE WEST !/A6L MALL CORP., A COLORADO CORPORi4TION, BY EITFiER PdEGOT@ATVON OR COIVDEMNATIOIV FOR TOVIIN PU6LIC PURPOSES. WHEREAS, West Vail Niall Corp. has ownership of property which is necessary and critical for street and sidewalk use. NOW, TFiEREFORE, BE 9T 92ESOLVED BY TCiE TOWiV COUIVC9L OF TliE TOUVIV OF !lABL, COLORADO THAT: 1. It is hereby determined that it is necessary for the public health, safety, and welfare that certain property be acquired from the West Vail Mall Corp., a Colorado Corporation, for a temporary easement associated with the West Vail Roundabouts road improvements project located uvithin Lot 2A, Vail Das Schone, Filing iVo. 3, Vail, Colorado. The necessary property, as described in attached Exhibit A, is to be acquired by negotiation and purchase if possible; provided, however, the condemnation of said property is hereby specifically approved and authorized. The property sought to be acquired is to be used for municipal public purposes. 2. The Town Attorney is hereby specifically authorized and directed to take all necessary legal measures, including condemnation, to acquire the property which is legally described and set forth in the attached Exhibit A, which is hereby determined to be necessary to be acquired to be used for a temporary construction easement for street and sidewalk use which is necessary and in the best public interest of the Town of Vail. 3. This resolution shall take effect immediately upon its passage. IfVTRODUCED, READ, APPROVED AiVD ADOPTED this day of March, 1997. Robert W. Armour, Mayor ATTEST: Holly L. McCutcheon, Tovvn Clerk C:\RESOLU97.6 Resolution No. 6, Series of 1997 6 EXHIBIT A - a ~ARCEL oF LAND L..OCATED: IN SECT1ON yy. TOWNSHfP 5 SQU°TH, RANGE $7 WF-S-T, OF THE SIXTF1 PRIRICIPLE MERIDIA(d T010q/N OF VAIL, EAGLE COlJNTV, GOLOIRqpO VA11. DnS 5Cf-1UNF I f LING J (_ot 2A \ / / . \P,., ` vAIL DnS ;c:i c)N` F'fi_iNC :S ~ y / 1 I.0t 2!3 . . \ \ , 1 d4.i A- 112A.i1 . li INf:ltt :S/I 1:1:1 1 ` • n c:uoi_raw Esxitii vcns)J ~ F,~,c~ . . ScptE: 1 qQ. 4 tFGFNQ ' , z ~ - - ~ ~ PROPERTY BOLINDARY UTILI7Y EASEMENT FOUNp F'ROPERTY CaRNER ~ ' SET BACK UNE SCCTION LINES 412 . k PERMANENT PROPERTY nC,QUI5iTI0N 7CMPORARY CONSTRUCiION EASL•MCNT 1rq ~ r RESOLl9T'IOIV iVO. 7 SERIES OF 1997 A RESOLV.?TEON DETERAfl9N9IVC THE NECESSITV OF, AND AUTFIOR9ZING THE ACQU9SITBON OF, AN EASEMENT FOR STREET i4ND SIDEVI/ALFC IDSE ON LAND 01IVNED , BH INIcDONKILD'e7 CO9ZPoRM 1Ioltly COLORP1DO CoRPORI`11 ION, B1 GIE HER NEC;0T8AT@ON OR CONDEMIVATBON FOR TOdVBV PUBLIC Pl1RPOSES. WHEREAS, IVicDonald's Corporation, a Colorado corporation has ov?rnership of property which is necessary and critical for street and sidewalk use. NOW, 3'HEREFORE, 18E 8T RESOLVED BY THE TOVVN COUNCIL OF TFIE T01NIV OF !!ABL, COLOffL4D0 THAT: 1. It is hereby determined that it is necessary for the public health, safety, and welfare that certain property be acquired from McDonald's Corporation, a Colorado corporation, for a temporary easement associated with the West Vail Roundabouts road improvements project located within Lot 26, Vail Das Schone, Filing No. 3, Vail, Colorado. The necessary property, as described in attached Exhibit A, is to be acquired by negotiation and purchase if possible; provided, however, the condemnation of said property is hereby specifically approved and authorized. The property sought to be acquired is to be used for municipal public purposes. 2. The Town Attorney is hereby specifically authorized and directed to take all necessary legal measures, including condemnation, to acquire the property which is legally described and set forth in the attached Exhibit A, which is hereby determined to be necessary to be acquired to be used for a temporary construction easement for street and sidewalk use which is necessary and in the best public interest of the Town of Vail. 3. This resolution shall take effect immediately upon its passage. IfVTRODUCED, READ, APPROVED AND ADOPTED this day of March, 1997. Robert W. Armour, Mayor ATTEST: Holly L. McCutcheon, Tovvn Clerk C:\RES01-1,197.7 Resolution No. 7, Series of 1997 7 E ~fE~i~ A ~4, PJAFi~EL OF L~ND L~~/~ E~; 9N s~CT1~1V 7y, T~V1/NS~-i1P 5 SQUTH, ~AMCE ~-1 V1fES'T, O~ THE SIXTH ° PRt1VCfPL~ MEF~IbIi#!V TOV~N OF i/AIL, ~A~L~ COl1N'T"Y, COLORAD~ , - . . i_- f. - - - . ~ . ~ , , i .r.~-~' _ - - `r~l • ~ i J~,, . ~ { \ ~ ' ( ~r~ . ' m fi • r ? Y'~'\ p p ~ . U~ ~ ~ ~ ' lJ \F S~ Y ~ , VI ~ m V1 r . ~ / iD ri~n . \ r a~ ~ cn N f'1 ~f/ ~ ~ r ~'C~ . \ ~ ~ ~ ~ ~ n Aa \ ~ ~ . 'Y • ~ r7~' r ~ G') ~ \ t!J / ' . - . ~~4r r 7 • u, `,L,Lv C' `y . /~~,'1•• m ~ / .~C ~ ~ ~ % 0 ~ - i l'J L r f) i~~~ ~ l"~ cn i/:~, i ~n r G/ c7o o V) . \ C) o ~ N ~ ` ~ - ~,i ~p ,p y t9 L ~7. \ ~ ~ -r~ I- s \ C7 C~ ~i r--~ z-~- , C 1 ri' ` C~ ~J . Scole: t~ = 40' 1 (n ~ + \ ~s \ ~ I ~ V Q i . _ . ~ i . ' $ ~ - - ~ LEGE D ' _ ~ - - PROPERTY 60UNUARr UT~LITY EASEMENT~ f~! FOUND PROPERTY CORNER 0 ~ Z~ " - 5ET BACK UNE f SECTION UNCS . s c~ PERMANENT PROPERTY ACQUISITION ffwt~ORNZY CONSTRUCTION EASEMF.NT ~~~JJJ ~ ~ ~ ~ ~ ~~7R5_~16 ~ \~\'~\~1 \ O is.uu_ry.n ~ ~ ' I • I ~ f l. a RESOLl9TIOIV RlO. 8 SERIES OF 1997 A RESOLQ.DTION DETERMINIIVG THE NECESSITI( OF, AND e4t1TF90RIZ1(VG THE ACQUIS@TION OF, EASEi1HENTS FOR STREET AND SiDEV11ALK IJSE ON LAND OWNED BV HIGHLAPlD PtID BV E8THER fVEGOTIATIOfV OR CONDEMNATdON FOR TOWM PUBL6C PURPOSES. . WFIEREAS, Highlands PUD has ownership of property uvhich is necessary and critical for street and sidewalk use. NOW, THEREEORE, BE 9T RESOLVED BV THE TOWN COUNCBL OF THE TOWN OF VABL, COLORADO THAT: 1. It is hereby determined that it is necessary for the public health, safety, and welfare that certain property be acquired from Highlands PUD for a temporary easement and a permanent easement associated with the West Vail Roundabouts road improvements project located within a portion of Tract A, Highland Meadows, Vail, Colorado. The necessary property, as described in attached Exhibit A, is to be acquired by negotiation and purchase if possible; provided, however, the condemnation of said property is hereby specifically approved and authorized. The property sought to be acquired is to be used for municipal public purposes. 2. The Town Attorney is hereby specifically authorized and directed to take all necessary legal measures, including condemnation, to acquire the property which is legally described and set forth in the attached Exhibit A, which is hereby determined to be necessary to be acquired to be used for a temporary construction easement and a permanent easement for street and sidewalk use which are necessary and in the best public interest of the Town of Vail. 3. This resolution shall take effect immediately upon its passage. IfVTRODUCED, READ, APPROVED AiVD ADOPTED this day of March, 1997. Robert W. Armour, Mayor ATTEST: Holly L. fVicCutcheon, Tovvn Clerk C:\RESOLU97.8 Resolution No. 8, Series o11997 EXHIBIT A SHEET 7 OF 2 ` A PARCE1._. OF (L.AND LOGATED IN SECTtONS hl/14, TOV1rN5HlP 5 SOUTt-1, RANQE 81 eJi01EST. OF 7'IiE SIXTM PRINCIPIvE MERIDIAN TOWN OF VAIL. EAGLE CCDU(VTY. 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SHEET 2 OF 2 PARCEL OF LAND LOCW T'Y b D IN SEC& I`6 Y NS O O /140 V Q l9 GSll UOP 5 S4s' VR' CY Y 9 D RANQmab 81 WESTp OF - l.l V V~ ~OX~~ ~~INYIQ LE tlVlER'DIAN • TO N OF VAgLfl ~AQ3mlG COUNTYp '1~~~ORd'1DO . . .._.w j ~ ~C1 • ~4Q`~A / / ,~~~}+S T / _ ~ ' r \ 4 .Sl), 4.5(i sc f l . ' /~(.~.I / Nft/1i V1'i°I. . ` ~ \ ,d~,•~'1'\ , \ r1~tPa N~ J`n?~~t1~~ f' , ' ~ ; ;~}i ~ li ~ 11113 11 ANll fAI Al)Ql4:i f I ItIAI 1'1 A 1 P1~0% 11<Af:1 ^ ri. . \ \ ~i 21 i / Y ~ f!~ _ ? . ~ AA f~ ' • . ~ • .~~~,•~i~ j/ r%' / s ~1 ~ ~ (d~' 1 ~li1' SCOIB; 9° o Q~~ 1010 • . . . / . u 6.Ef~€filt2 PROpfRTY flcluNDA12Y . , - • - UTIUTY EASf'I,At N I RI BACK IINf EH fouNn p12ANERTY CGItbElt K SECTI(~d I INl:S F:~.~} $ti ('fI1MANLPdT Pf<Of'FftTY /1('!)U151110N ICMPO(tAftY C(IN:;IItUC110N EASFMCPdT a~ia~ .y 9 . ~ I RESOLVJTIOIV P10. 9 SER9ES OF 9997 A RESOLUT80N DETERMIIVIIVG THE NECESSITV OF, AIVD AUTIiORiZING THE ACQUBS1T90N OF, EASEMEtdTS EOR STREET AND SIDEWALI4 USE ON LAND OVUNED BV lNEST VAIL ASSOC9ATES, LTD. BY E6TFiEl2 NEGOTIATION OR CONDEMNATBON FOR T01lVN PUBLIC PURPOSES. WHEREAS, West Vail Associates, Ltd. has ownership of property which is necessary and critical for street and sidewalk use. NOW, THEREF012E, BE IT ff2ESOLVED BY THE T01nIN COUIVCBL OF THE TOVVIV OF !!A@L, COLORADO THAT: 1. It is hereby determined that it is necessary for the public health, safety, and welfare that certain property be acquired from West Vail Associates, Ltd. for a temporary easement and a permanent easement associated with the West Vail Roundabouts road improvements project located within Tract B, a Resubdivision of Vail Das Schone, Filing No. 1, Vail, Colorado. The necessary property, as described in attached Exhibit A, is to be acquired by negotiation and purchase if possible; provided, however, the condemnation of said property is hereby specifically approved and authorized. The property sought to be acquired is to be used for municipal public purposes. 2. The Town Attorney is hereby specifically authorized and directed to take all necessary legal measures, including condemnation, to acquire the property which is legally described and set forth in the attached Exhibit A, which is hereby determined to be necessary to be acquired to be used for a temporary construction easement and a permanent easement for street and sidewalk use vvhich are necessary and in the best public interest of the Tovvn of Vail. 3. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this day of March, 1997. Robert W. Armour, Mayor ATTEST: Holly L. McCutcheon, Tovun Clerk C:\RESOLU97.9 Resolution No. 9, Series of 1997 e EXHIBIT A a PARGEL.. o~ LAND 1_OCATED 1N SEGTION 11, TOWNSailP 5 SOQJTH. FiA1VGE 81 \01/EST, OF •THE SIXTH PRIIVCIPLE MEFi1DiAN . TOWN OF VAIL, EAGLE CC)UN`r'Y, COLORE1DO . . ~ i-----......_..... . n It•bv'~y" . ~ . tt . th[179' . 1 • 1f.J1' ~ VAII UAS SCHON(' 1 n iNt: I I't,r r,el (3 / lrncl 1) _ r~y . ~ J~ 4 - 08'~0'bi" 11 %!1 L = 13.;.3' A - tN B'!,A' lr • 12 ~ 60( . ~ 7 . 4U.97' ' - / 1 = NI.H4' , iracl H ~ - _ 1, 323. ~ _ _ \ \\\vnil 110, ~`sU InNr' . f. / \ 0~~~~ ~,.4~,~\, c~,uo.~x~ ~ ~t'~ ar.~.s'\\ ~ / u , cN",,~~.i 1'wr.cl A i !~fi~`~ \ / N\\~ ~ - \ \ ~ (;l_)() l R. C). W.----~.:_... F30IJNI)Af~:Y ~ ~ -J ~ - - A • Ol l!ilti' u • n(x)n,nc~• 1 r 74 bb. \ at;aUh,~~ 4~ti• ~/11' ~ Scals: 1' « 40' LEGLN12 . rrcOKittv uouNUrutY ~ - UfN IlY I n!;[ Mt,ry1 (~1 fdUND FRAPERTY f:t)ItNt!t SL 1 OACK 1 INf • • SECTION i INf S . ~ PrItMnNI NI 1'I40PL"RTY ACOUISIIIUN \`11 MI`UIiARY CO~~`•.'TF.UCTI(uu I n!;~,MLNI .~1~~ !.~a~• ~ u. ~n.~A i RESOLUTIOIV F10: 10 SERIES OF 1997 A B2ESOLUY90N DETERflAINING THE WECESSGTY OF, AND Al9THORIZING THE ACQt19S9T1OR! OE, EASEAAENTS FOR STREET AND S@DEWALF( USE Ofd LAND OWNED BV RE.4UT CORPOR4T90Pd BV EBTHER NEGOT9ATION OR COYVDEIVINATION FOR TOVVN PI.DBLIC PUFtPOSES. . WHEREAS, Reaut Corporation has ouvnership of property vvhich is necessary and critical for street and sidewalk use. NOW, THEREFORE, BE @T RESOLbED BV THE TOUVN COUIVCBL OF THE TOWN OF !lA9L., C0L0R4D0 THAT: 1. It is hereby defermined that it is necessary for the public health, safety, and welfare that certain property be acquired from Reaut Corporation for a temporary easement and a permanent easement associated with the West Vail Roundabouts road improvements project located within Tract K, a portion of land lying within a Resubdivision of both Vail Das Schone, Filings fVo. 1 and No. 3, Vail, Colorado. The necessary property, as described in attached Exhibit A, is to be acquired by negotiation and purchase if possible; provided, however, the condemnation of said property is hereby specifically approved and authorized. The property sought to be acquired is to be used for municipal public purposes. - 2. The Town Attorney is hereby specifically authorized and directed to take all necessary legal measures, including condemnation, to acquire the property which is legally described and set forth in the attached Exhibit A, which is hereby determined to be necessary to be acquired to be used for a temporary construction easement and a permanent easement for street and sidewalk use vvhich are necessary and in the best public interest of the Town of Vail. 3. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this day of March, 1997. Robert W. Armour, fViayor ATTEST: Holly L. fVlcCutcheon, Tovun Clerk C:\RESOLU97.10 Resolution No. 10, Series of 1997 , EXHIB-IT A A PARGEL OF LAND LOCA'T'ED' IN SECTION yy. TAWNSHIP 5 SOIJTW, RANGiE 8l WEST, OF THE SIXTH: PRINCIPLE MERID[AN TOVIO'N 4F VAIL, EAGLE COUINTY, COLORADO ~ / • . ~ r~-._ C~ Qi N / U~ ` Il u tl u .C] A ni T n ~ G ~ ~i w ~'n^ r ~ ui 1 1 C~ ` ~ 1l LJ l r C) ~ V) 4N T , " ~ 'f~V n n T v y ' h / , u ~ w < 1V / j/~~ % $GOlC: 1` = 4W j . ~ . S • my LEGENO 3 i' . 2 A - - - - PROPEFTY BOUNDARY n UTILITY EA$FMFNT FOUNU PROPERiY CORNCR ~ - SET 9ACK UNE SECTION LINES PERMaNCN7 PRONCltrr qCW151114N iCMPORARY CONSTRUCTION CASCMENT i O ~ •lu ,a.a. i.~~w ,~n~. ~ hM REsoLu-rsoN Na I I SEFtBIES OF 9997 A RESOLUT90N DEFERAAINBNG THE RIECESSOTY OF, AND Al9THORIZIfVG THE ACQUISVT00N OF, EASENiENTS FOR STREET AND SIDElIVi4LK IISE ON L4ND OINNED BV bA1L CIT1( CORP. BV E9TViER NEGOTIATION OR CONDEMNATOON FOFd TOVVN PUBLIC PIJRPOSES. . WHEREAS, Vail City Corp. has ovvnership of property which is necessary and critical for street and sidewalk use. NOW, THEREEORE, BE BT RESOL!!ED BV THE T01nIN COUNC6L OF THE T01iVN OF !lAEL, COLORADO THAT: 1. It is hereby determined that it is necessary for the public health, safety, and welfare that certain property be acquired from Vail City Corp. for a temporary easement and a permanent easement associated with the West Vail Roundabouts road improvements project located within Tract A, a Resubdivision of Vail Das Schone, Filing No. 1, Vail, Colorado. The necessary property, as described in attached Exhibit A, is to be acquired by negotiation and purchase if possible; provided, however, the condemnation of said property is hereby specifically approved and authorized. The property sought to be acquired is to be used for municipal public purposes. 2. The Town Attorney is hereby specifically authorized and directed to take all necessary legal measures, including condemnation, to acquire the property which is legally described and set forth in the attached Exhibit A, which is hereby determined to be necessary to be acquired to be used for a temporary construction easement and a permanent easement for street and sidewalk use v?rhich are necessary and in the best public interest of the Town of Vail. 3. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AiVD ADOPTED this day of March, 1997. Robert W. Armour, Mayor ATTEST: Holly L. McCutcheon, Town Clerk C:\RESOL1.197.11 Resolution No. 11, Series of 1997 ~ EXHIBIT A ~ A PARCEL OF LAIVD LOCATED IN SECYYON 71, TowNSHIP 6 SOUTH, RaNGE 81 vvEST, OF THE S17CTH PRINCIPILE MERfD1AN TOWN t'yF V/d?IL, EAGLE CODUVTY, GOI..ORADO . o : . P ~ ~F • ~~~'L ~`~J~ Iracl C • A - 011050" • 1. k • c~n>o.on~ ~ ~ = r.~,c~s• . 'h~~~v. L - 134.1 o' • ',u. `t.v, / A 4- k - /n..tn' ~ i.. sn 7 n' vnii uns 5CI ioNf . L . iIuNC I ~ F'LAT I I l) ~ 001Nl)/11RY~ 1 Al'k A C; DOT ~ ,,a« A - _ / . ~ i ~ n = ot'7o'43" R fWtl.UU' I - 10.41, y . ~ _ ~~F f1 b. `r. c r, ~ ~ v • A " / 1'Cr'E / ~ A 0 6'!~A" ` • / 1\ ` It - tiUll 1f1' ~cl \\~1 Y~I ~Y i 4n 92' ,r, ~ - et.a~ ` - _ _L_----•`~ ~~c~. ~ _ - :'i: ~ ~ ~ _ boCl I3 ~ - :~P VAII nAti ::DIONC I'II~NC 1 Scala: 1" r Ip' . ~ - • • . . 1 . _ . . • PRbrFkTY (!OUNUARY - - UTII ITY FASI:MIN I Qf FOUNU NI20F'F.ftTY C(IRNER ~ 6~ ' ' • ° SC 1 BACK I INf iti ~~n . SECIION I INFS PERMANFNT f,f<CIPLIt1Y ACQUI51TIf1N ~ TCMPORARY CUN;:II2UC1lON fA_.FMf:N) v,~e~, _y n MEMORANDUIVI DATE: March 4, 1997 TO: Town Council FROM: Susan Connelly, Director of Community Development RE: IL.I0N5HEAD RlE~EVE]LOIPMENT MAS'g'lER Pg,E1N: Update on Stage One Data Gathering and Site Analysis (Defining Opportunities and Constraints) and Introduction to Stage Two Program Development (Wish List) Process This will be the first substantive presentation to Council since the inception of the Lionshead Redevelopment Master Planning process following Council approval on November 4, 1996. On March 4, 1997, staff and the TOV's consultants on this project, David Kenyon and Ethan Moore of Design Workshop, Inc., will update the Council on the Stage One activities completed or underway and will introduce the Stage Two process. This memo previews the information which will be covered in the presentation, which includes the following points: A. STAGE ONE: DATA GATHERING AND SITE ANALYSIS (DEFINING OPPORTUNITIES AND CONSTRAINTS) Progress/ Completion Update B. STAGE TWO: PROGRAM DEVELOPIVIENT (WISH LIST) 1. What is a "program"? 2. What is the "Wish List"? 3. Wish List Submittal Information a) Necessary Information b) Desired Information - 4. Proposed Framework for Council Prioritization of Wish List 5. Schedule/ decision points for Stage Two (detailed) and beyond (tentative) 6. STA&'IF ]EgIECOMMENDATION: a) Approve ghe "Framework ffor Praorntizataon of Wish List Items", lb) Approve ghe Wish List Subgnittal Form (Attachment B), and c) Approve g?ne Stage Two schedule of actflvities and decasion poaaets. ATTACHMENTS: A Problem/Opportunity Statement, Lionshead Redevelopment Policy Objectives and Process Givens adopted by Council on November 4,1996 B Stage Two Wish List Submittal Form C Stage Two Schedule/ Decision Points 1 A. Stage One: Define Opportunities and Constraints January-February 1997 Progress/Completion Update The variety of Stage One activities which have been completed to date or which are underway include the following: 1. Comp]eted Stage One Public Input: a) Initial kick-off public forums/bus and walking tours of the study area occurred Martin Luther King Weekend (Sunday afternoon and Tuesday morning). Approximately 45 people participated. b) Public Input boxes were placed throughout the study area as advertised in media. All returned responses were gathered and processed. c) Public input area has been established on Internet at Vail.nedLionshead web page. d) "Best and Worst of Lionshead" public input program co-sponsored by the Vail Trail has been completed. More than 30 "entries" have been received. e) Stage One follow-up public forums were conducted Presidents Weekend (Sunday afternoon and Tuesday morning). These forums presented all of the existing data collection, mapping, and Stage One work completed to date. Approximately 40 people participated. 2. Detailed survey of all properties within study area has been initiated. Survey forms were hand delivered to all property managers and buildings within the study area. Follow-up phone calls and research are underway. 3. GRFA analysis of all multiple-family buildings in Lionshead (for existing and , allowed square footage) has been completed. 4. Ground control survey of physical site elements has been initiated. This work is being carried out by Alpine Engineering. 5. Study of possible public view corridors has been initiated. 6. Traffic/circulation study by Feldsberg, Holt, Ullevig of Denver has been initiated. All field work and data gathering (traffic counts, video surveillance, observation) was conducted over Presidents Weekend. 7, Mapping of Stage One data has been initiated. All data gathered to date has been mapped in a digital form. These maps, which were presented to the public during the Presidents Weekend forums, will be on display during the March 4 Town Council meeting. The mapping data includes: 2 a) Property Owncrship b) Existing Land Use - Commercial c) Existing Land Use - Conference Facilities d) Existing Land Use - Lodging e) Sub-Surface Utilities f) Vehicular Circulation g) Pedestrian Circulation h) Existing Zoning I) Existing Parking j) Surface Hydrology B. Stage Two: Brainstorm "Wish ]List" (Program Developereent) Marcla - Apr61 1997 We kick off Stage Two of the Lionshead Redevelopment Master Plan process today with an explanation of what is meant by "program" and "Wish List" and how interested persons can submit suggestions for the Lionshead program, as well as a proposal for how Council will evaluate and prioritize the Wish List submittals at the end of Stage Two. A detailed description of activities and schedule for Stage Two is attached as Attachment C. 1. What is a"Pro .gam"? The term "program", as used in the context of this master planning process, refers to the viable mix of uses, amenities, and policies that will be considered during the master planning for and eventual redevelopment of the Lionshead area. It may be thought of as the "menu" and answers the question "what do you hunger for in Vail that might be satisfied in Lionshead?". The program could include specific land uses such as lodging units, retail, other commercial, open space, and recreational and cultural amenities. 2. What is the "Wish List"? The "Wish List" refers to all of the program suggestions submitted by any public or private sta.keholder/interested party for the Lionshead study area. All Wish List items will be presented to the Town Council for prioritization at the end of Stage Two. The items selected by the Council will then be site-tested for feasibility by the master planning team during Stage Three of the Lionshead Redevelopment Master Plan process. 3. Wish List Submittal Req.uirements All ideas for Lionshead are welcomed and will be considered! While we want to encourage anyone with an idea for Lionshead to come forward with that idea, it also is true that it will be easier for Council to prioritize the Wish List submittals if Council can make basic apples-to-apples comparisons. Detailed information also will substantially assist the consultant team in gauging the submitter's true intent during the Stage Three process. For that reason, the more information that can be provided with a Wish List submittal, the better. 3 a) Necessary information: The basic submittal information must include: (1) A clear and concise description of the proposed idea, use or policy. (2) As clear as possible a description of the scope, or size, or number, or location, of the proposed idea. For example, if the proposed idea is a performing arts center, how many people would the facility need to sit? Would it be for small performances (give an example) or full-blown Broadway musicals and symphonic orchestras? Another example, if the proposed idea is for additional landscaping, what kind, and where? Basically, we are asking submitters to explain what they have in mind layperson's language is fine. (3) Who will pay for construction of this use? Private, public or public- private partnership financing? (4) What Lionshead Policy Objective(s) is/are advanced by this proposal? Please briefly explain why. b) Desired Information, if possible: This additional information would be very helpful to Council's prioritization at the end of Stage Two and the consultant's work in Stage Three: (1) A complete list of all primary and secondary uses within the proposed facility. (2) Square footage requirements associated with the primary and secondary uses. (3) Any special infrastructure requirements associated with the proposed use. For example, would the facility nced fiber-optic , communications capability? Would it require an exterior satellite dish/broadcast area? (4) Any special access requirements, both pedestrian and vehicular. For example, how much parking would be needed? How close would the proposed use need to be to the Lionshead parking structure or to some other use in Lionshead? Does there need to be passenger drop-off? Will there need to be a service delivery area? If details are not known, a basic intuitive description of how the use would operate would be very helpful. (5) Any architectural or site planning studies that have been completed for the proposed use. (6) Any cost figures that have been prepared for the proposed use. 4 (7) Any financial or demographic fcasibility studies that have becn completed for the proposed use. (8) Any litcrature, articles, or photographs regarding similar facilitics that could be used as a reference or would help understand the ideas or intent of the party submitting the Wish List item. Attachment B is the proposed Wish List Submittal Form, which incorporates these information requests. 4. Proposcd Framework for Council Prioritization of Wish List Upon completion of the Stage Two "Program Development" input, Council will be asked to prioritize the Wish List so that the consultant and staff have clear direction proceeding into Stage Three, "Development of Program Alternatives". While the Stage Two "Wish List" input is conceptual, the prioritized programmatic suggestions will be site-tested for actual feasibility in Stage Tbree. Stage Three is where the rubber starts to meet the road, so the Council's prioritization in Stage Two and the community's understanding of the basis for that prioritization is critically important. Staff and our consultant recommend that the basis for prioritization of the Wish List submittals be the Lionshead Policy Objectives previously adopted by the Town Council on November 4, 1996. These objectives articulate what the Lionshead Redevelopment Master Plan is designed to achieve, policy-wise and design-wise that is, they articulate the desired objectives of the redevelopment master planning process. The Lionshead Policy Objectives adopted by the Council on November 4, 1996 are included in Attachment A hereto. 5. Stage Two Schedule and Decision Points: Stage Two kicks off with this presentation to Council and continues through April. A detailed schedule and explanation of activities and decision points is attached hereto as Attachment C. As mentioned above, Stage Two culminates in a Town Council prioritization of the Wish List submittals. That prioritization may include elimination of items, as the Council sees fit. The purpose of the prioritization of the Wish List submittals is to give direction to the staff and consultants as they begin the Stage T'hree site-testing to determine what Wish List items fit together, and where they may or may not fit in terms of location(s). This analysis is the heart of the Stage Three "Development of Program Alternatives". 5 STAFF RECOMMENDATION: Staff rccommends that thc Town Council: (1) Approve the "Framework for Prioritization of Wish List Items", (2) Approve the Wish List Submittal Form (Attachment B), and (3) Approve the Stage Two schedule of activities and decision points. I 6 AT"g'ACHMEN'd' A LgONSHEAD RlEDEV1ELOPMENT MASTER PILAl+I IPROCESS Problem/Opportunety Statement: Lionshead lacks the charm, character, appeal and vibrancy expected of a world-class resort. It lacks a sense of arrival and sense of place. Pedestrian flow through the mall can be confusing and disconnected. Thc architecture lacks a unique identity or reference to Vail's historical antecedents or its alpine environment. Many of the buildings are physically aging and functionally under-utilized, resulting in negative impacts to property values, private profits, and public revenues. Potential hospitality, retail and recreational uses, and community amenities are unmet or unrealized. It would be short-sighted to ignore these conditions and do nothing. The opporlunity exists for the public and private sectors to act collaboratively to renew and revitalize this important component of our community. lLionshead RedevelopQnent 1Policy Objectives: OBJECTIVE 1. IltIEN]EWA]L A1VVD RIE~EVEg,OIPIVgENT Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. OBJECTIVE 2. VdTAlL.I'd'Y AND AMENI'I'gES We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. OBJECTIVE 3. S'p'RO1+1GER ECONOMIC BAS]E 'd'H1f~OUGIf-][ gl~CREASED "]LIVE BEDS" In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates (i.e., "live beds" or "warm pillows") and the creation of additional bed base through new lodging products. . OBJECTIVE 4. IMPROVED ACCESS E11vD CIRCULATION The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. OBJECTIVE 5. IMlPlfB~VED INFRASTRiJCTi.JRE The infrastructure of Lionshead, including streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage, and other public and private services must be upgraded to meet the capacities and service standards required to support redevelopment and revitalization efforts and to meet the expectations of our guests and residents. OBJECTIVE 6. CR]EATIVE FINANCING FOR lENHANCED lPlEg][VATE PROFI'Il'S AN~ PUBLIC RlEVEP1UES Redevelopment in Lionshead must be undertaken in a financially creative, but feasible, manner so that adequate capital may be raised from all possible sources to fund desired 7 private and public improvements. Process Ground Rules: The Town of Vail is committed to open, honest and fair processes that create informed judgment and better decision-making. In order to clarify roles and expectations and ensure that the Lionshead Mastcr Planning Process is undertaken and completed in a responsible way, the following ground rules will apply to the master planning process and will bc included in all documents and discussed in all meetings regarding Lionshead Master Planning: 1. The Master Plan to be developed for all public and private lands in Lionshead will , serve as the policy framework for all future decision-making on specific development and redevelopment proposals in Lionshead. The Master Plan will be based on the Lionshead Policy Objectives adopted by the Town Council to reflect the community's interests. 2. The Master Plan area will be bounded on the north by I-70, on the east by Middle Creek (west of the Vail Valley Medical Center), on the south by the Town of Vail boundary (south of Forest Road, and not including single-family lots and on the west by Red Sandstone Creek (east of the Glen Lyon Office Building). 3. The Town of Vail (TOV) will work collaboratively with Vail Associates (VA) on the master planning process for Lionshead and will involve all other interested citizens and property owners in the master planning process. The master plan ultimately recommended may or may not reflect development approaches currently being explored by VA. 4. Proprietary information of any private property owner or developer will remain private and confidential unless it becomes part of a public record. 5. There will be no net loss to the Vail community of either locals' housing or parking spaces (public and private) now existing in Lionshead. . 6. Collaborative public/private redevelopment and financing ventures, including urban renewal authorities and downtown development authorities, will be considered. 7. The intent of redevelopment includes minimizing short-term construction-related impacts of redevelopment on existing businesses and residents and increased cooperation between the public and private sectors. 8. The Town Council will have final decision-making authority on the Master Plan, adoption of implementing actions, use of public lands, public improvements, and public financing mechanisms. The Town Council or its authorized boards (e.g., PEC and DRB) will make final decisions on subsequent site-specific development proposals consistent with the Master Plan. 8 A"Q'"d'ACHMENT ]B ]LIONS1E~EAD R]EgDEVELOPMEN'g' MAS'II'ER Pg,AN PIZOCESS STAGIE TWO WISH g.IS'B' SUBMIT"d'AL FORM A. NecessaYy information: Please print or type the following information, or provide on a separate sheet: (1) A clear and concise description of the proposed idea, use or policy. (2) As clear as possible a description of the scope, or size, or number, or location, of the proposed idea. For example, if the proposed idea is a performing arts center, how many people would the facility need to sit? Would it be for small performances (give an example) or full-blown Broadway musicals and symphonic orchestras? Another example, if the proposed idea is for additional landscaping, what kind and where? (3) Who will pay for construction of this use? Private, public or public-private partnership financing? (4) What Lionshead Policy Objective(s) is/are advanced by this proposal? Please briefly explain why. 9 B. Desired Information, if possible: This additional information would be very helpful in the Town Council's prioritization at the end of Stage Two and the consultant's work in Stage Three: (1) A complete list of all primary and secondary uses within the proposed facility. (2) Square footage requirements associated with the primary and secondary uses. (3) Any special infrastructure requirements associated with the proposed use. For example, would the facility need fiber-optic communications capability? Would it require an exterior satellite dish/broadcast area? (4) Any special access requirements, both pedestrian and vehicular. For example, how much parking would be needed? How close would the proposed use need to be to the Lionshead parking structure or to some other use in Lionshead? Does there need to be passenger drop-off? Will there need to be a service delivery area? If details are not known, a basic intuitive description of how the use would operate would be very helpful. 10 (5) Any architectural or site planning studies that havc becn completed for thc proposed use. (ATTACH) (6) Any cost figures that have been prepared for the proposed use. (ATTACH) (7) Any financial or demographic feasibility studies that have been completed for the proposed use. (ATTACH) (8) Any literature, articles, or photographs regarding similar facilities that could be used as a reference or would help understand the ideas or intent of the party submitting the Wish List item. (ATTACH) 11 ATTACHMENT C LIONSHEAI2 REDEVELOPMENT MAS'I'ER PLAN DECISION POINTS/ APPROVAL PItOCESS FOR STAGE 2 "PROGItAM DEVELOPIVIENT" Date Participant(s) Item to be discussed/ap rn oved Tues. March 4 Town Council (evening) Update on Stage One and Introduction of Stage Two; adopt Framework for Prioritization of Wiski List Sun. March 16 3 pm to 5 pm* Community (public forum) Wish List input from community Tues. March 18 10 am to 12 noon* Community (public forum) Wish List input from community Wed. Apri12 4 pm to 7 pm* Community (public forum) Presentation of Wish List Submittals and mailed response form re: preferences; Community Diseussion of Preferences Fri. Apr. 11 Staff and consultant Memo in PEC packet re: results of Stage Two Wish List input, including community preferences input and staff/ consultant recommendation of proposed prioritization Mon. Apr. 14 Joint PEC and DRB Recommendation to Council for 2:00 p.m. Meeting prioritization Tues. Apr. 15 Town Council (worksession) PEC report/ preview of Stage Two "Program Development" report Fri. Apr. 18 Com Dev staff Memo in Council packet re: Wish List input, community preferences discussion and PEC recommendation re: prioritization of Wish List and proposed Stage Three "Program Evaluation" process Tues. Apr. 22 Town Council (worksession) Prioritization of Wish List for further analysis in Stage Three "Development of Master Plan Alternatives" and sign-off on Stage Three process * Location: Library Community Room 12 SClf~EDULE BEYOND STAGE TWO: May - July Staff and consultant Stage 'd'hree Development and analysis of Master Plan alternatives, based on prioritized Wish List August Staff/ PEC/ DRB/Council Review of Stage Three "Master Plan (Dates tbd) and community Alternatives" and selection of preferred alternative August - October Staff and consultant Stage Four Development and Adoption of Redevelopment Master Plan and Design Guidelines October Staff/PEC/DRB/Council Review and adoption of a (Dates tbd) and community Redevelopment Niaster Plan and Design Guidelines November and on Staff/PEC/DRB/Council Stage Feve Drafting, public input and (Dates tbd) and community adoption of code modificadons, if any, required to implement the adopted Redevelopment Master Plan 13 ee e4 TOWN OF VAIL ~ 75 South Frontage Road Office of the Town Manager Yail, Colorado 81657 970-479-2105/Fax 970-479-2157 MEMORAIVDUM TO: Vail Town Council FROM: Robert W. McLaurin Town Manager DATE: February 28, 1997 SUBJECT: Town Manager's Report Computer Conversion We have executed an agreement with HTE Systems Incorporated to purchase new computer software and hardware for the Town. HTE was selected after extensive discussions with the accounting staff, communications staff, and other Town departments. We hope to begin the conversion in the next few weeks. Because of the magnitude of this project, it will not be complete for approximately one year. We hope this conversion will be transparent to computer system users. I will keep you advised as to the status of this conversion as this project proceeds. CAST Meeting/Legislative Dinner The Colorado Association of Ski Towns (CAST) is sponsoring a dinner with the Legislature on March 18th. This meeting will be held in Denver. The agenda for this meeting is as follows: 12:00 p.m. CML Legislative update 02:00 p.m Larry Kallenberger, Director,of Local Affairs 02:30 p.m. Membership round table discussion 02:30 p.m. to 05:30 p.m. FREE TIME 05:30 p.m. Legislative cocktail reception 07:00 p.m. Legislative dinner If you are interested in attending this event and have not advised Anne of your desire to attend, please let her know as soon as possible. If you wish to spend the night a block of rooms has been set aside, let Anne know and she will make the necessary arrangements for you. This meeting is an opportunity for you to meet your colleagues in other ski towns, to get an update on the activities of the Legislature, and to meet and interact with the State Legislators. ' RWM/aw RECYCLED PAYER FEB 24 '97 11=13AM CITY OF ASPEN P.2 Xv ~ ion lr~,C~o Assod a t ~ of Ski Towns ~ ~ , ~ FEbniat'y 20, 1997 ~ Michael Gallagher, 1Vlayor ~.?ichard Dangier, Manaaer Towtt of Mi3lturn 13ox 309 Ivlinturn, CG 9] 645-0309 We3coire New Members: 'Ehe Colarado Assaciation of Ski l'Owns member5htp Waririly Welcome5 you t4 tho oxganizatian. We look 'forward to getting to know you and exchanging ideas regarding aur rnutu,al goals a,nd conccrns. We believe that you v+rill find theze is inuch tu O gasn from this group and its professional interchange; 8 llitachod you will fYnd tnembexship and associate caniact iists, minutes from thc mss ~embership tneetsng, infmrmation on our upcoming zneeti,g and a.n overvievv af the projects 4hat wre are aft-cssing in 1997. Please feel free ta contact our Legislative C;onrdinator, 3acclue Whitsitt, or any other member with questions or comments on this !l'1atC'fia7l. Thank you 'ror your decisian to join tre membership of the Caloxado Association of yki ToNviis. Your involvement will be S»valuable to us. Sincerely, ~'""~l • ~ R cl Richards, Yresidenf cc: Execlstive Cotnmittee AREfl9BER MIJNIGIA4CMES Aspen a Ayon a Breckenridge a Cresled 8utte ~ DRJort - Ourarrgo o Fhser a F+laco a QIeANroOd Springs a Grand JuncGOn 9 Qrand LeM9 MC Crested 6urce - iVede?land a Srlverthorne a Snowmass Yllage o Steambvgt sprrngs 9 7b!!u?ide o Veil v W(ntor Park de ' e4 TOWN OF VAIL 75 South Frontage Road Yail, Colorado 81657 . 970-479-2100 FAX 970-479-2157 _ FOR BnAMEDoATE. RELEASE , . February 21, 1997 Contact: Holly fVicCutcheon, 479-2136 Town Clerk's Office COMMUNBTY MEMBERS IVEEDED TO SERVE OIV TOWN OF \!A&L BOA12DS AND C011ANVISSIOIVS (Vail)--Eight positions on four Town of Vail boards and commissions vuill be vacated and available for appointment by the Vail Town Council in March. Public notices are being published this month announcing the vacancies and inviting citizens to apply for the positions. There are two vacancies on the Arts In Public Places Board (AIPP); three vacancies on the Planning and Environmental Commission (PEC); two vacancies on the Design Review Board (DRB); and one opening on the Local Licensing Authority (liquor board). Appointments are made by the Town Council following an interview with each applicant. Appointments take effect April 1, 1997. Although positions are voluntary, the Town provides each member with a summer recreation pass or blue parking pass in appreciation of the contribution to fhe community. Also, a merchant ski pass is given to members of 4he DRB and PEC, due to the large irivestment of time, about 10 to 15 hours per month at a minimum. Anyone interested in serving on any of these boards should submit a letter of interest and any relevant experience to: Vail Town Council, Attention Holly McCutcheon, Town Clerk, 75 S. Frontage Road, Vail, CO 81657. Letters of interest are due no later than 5 p.m. on Wednesday, March 19, 1997, with interviews and appointments taking place on March 25. Here's a brief description of the citizen boards: Pdanning and Envdronmental Commission (PEC) Duties of the seven-member PEC include revieuv and determination of variances and conditional use permits, and recommendations to Town Council on subdivisions, rezonings, and various Town of Vail plans. The PEC meets the second and fourth Mondays of each month. Nleetings begin at 2 p.m. in the Vail Municipal Building, preceded by site visits which begin around noon. The PEC reviews approximately 120 applications per year. Three tvvo-year terms are to be filled. For more details, contact Mike Mollica, Assistant Director of Community Development, at 479-2144. . RECYCLED PAPER Design Review Board (DRB) The five-member DRB reviews new structure designs, remodels, sign variances and landscaping. Meetings are the first and third Wednesdays of each month and begin at 3 p.m., preceded by site visits which begin around noon. The DRB reviews approximately 300 applications per year. For more information on the two finro-year terms which exist on the DRB, contact Mike Mollica, Assistant Director of Community Development, at 479-2144. Local Licensing Authority (LLA) Duties of the five-member board include review of all Town of Vail liquor license applications. The LLA meets the second Wednesday of each month. Meetings normally begin at 10 a.m. in the Council Chambers of the Vail Municipal Building. A member is being sought to fill an unexpired term which ends in June, 1998. For more information on the LLA, contact Holly McCutcheon, Town Clerk and - Secretary to the Authority at 479-2136. Art In Public P/aces (A/PP) Duties of the eleven-member board include developing a diverse, high quality art collection and public art program unique to Vail. AIPP meets the second and fourth Mondays of each month from 8:30 to 10 a.m. in the Town of Vail Public Works Conference Room. For more information on the two three-year positions which exist on the board, contact AIPP Coordinator, Nancy Sweeney at 479-2344. • ~ v A I L ~ e4 FF REA TONN OF VAIL ~ 75 South Frontage Road ~ Yail, Colorado 81657 4 970-479-21 DD FAX 970-479-2157 SHo pp FOR BMMEDEATE RELEASE February 26, 1997 Contact: Bob McLaurin, 479-2105 Vaii Town Manager VAVL'S FREE PARKING PSLOT BEGBfVS TBilS SATUFiDAaV (Vail)--The Town of Vail's expanded free parking program gets underway beginning Saturday (3-1). That means free parking between 3 p.m. and 7 a.m. in the Vail Village and Lionshead parking structures. The program will continue on a daily basis through April 20, the end of ski season. The new pilot program is intended to give guests and locals more flexibility, said Bob McLaurin, Vail town manager. "We've heard repeatedly from our customers that the price of parking here is a frustration," McLaurin said. "What we're saying now is relax. We want you to .feel welcome here. Have some fun. Take advantage of the extended sunlight. Stick around or.come back and enjoy some of the best shopping and dining . around. Because after three, it's on our nickel. Not yours." In addition to energizing Vail's apres' ski scene and providing some parking relief for employees, McLaurin said another benefit of the program is the potential for reducing congestion on the I-70 corridor. "We're hoping our day skiers and even our commuters will time their trips home a little differently because of the increased options," he said. "This is a way to take full advantage of Vail's daytime and nighttime activities in town and on the mountain." (more) RECYCLED PAPER Parking piloUAdd 1 The "free after three" program will apply to vehicles arriving before and after 3 p.m., thereby reducing the cost of a maximum day of parking from $14 to $9. In other words, the "meter" stops running at 3 p.m. Paid parking between 7 a.m. and 3 p.m. will contiriue unchanged, McLaurin said. The town also provides free outlying parking at Ford Park. McLaurin said the town will evaluate success of the seven-week pilot program by monitoring the number of parking transactions in the town-owned structures; skier numbers; bus ridership; and parking and sales tax revenue comparisons. Another form of ineasurement will be the level of promotional participation by Vail's merchants. "We're encouraging everyone to help spread the word," McLaurin said. "It's a great message to share with as many people as possible." # # # Media Note: The transition to free "summer" parking takes place on April 21. r ee e4 TObVN OF VAIL 75 South Frontage Road Yail, Colorado 81657 970-479-2100 FAX 970-479-2157 MED9A ADV9SORY February 26, 1997 Contact: Suzanne Silverthorn, 479-2115 Community Information Office !lAPL TOWN COUNCIL 9iIGFIL9GF9TS FOR FEBRUARY 25 WoB'k SeSSiO~ Br8efs Council members present: Armour, Foley, Ford, Jewett, Johnston, Kurz, iVavas --PEC/DRB Review During a review of the Planning and Environmental Commission (PEC) agenda, Bob Armour noted that both the Gross Residential Floor Area (GRFA) topic and the proposed Ford Park management plan are showing up on the same agenda. Council members directed that the topics be staggered, beginning with the Ford Park proposal. --Discussion of Roundabout at VVest Vail re: Funding and Schedule The Council voted 7-0 to move forward with the bid process for construction of roundabouts at the West Vail interchange. However, funding continues to remain an issue and will impact the timing of the project. During discussion yesterday, Town Manager Bob McLaurin said the Colorado Department of Transportation (CDOT) has agreed to help cost-share the $5.5 million project. CDOT's proposal would require the town to front the costs for the project, with CDOT reimbursing the town up to 50 percent of the project cost, not to exceed $3 million, no earlier than 2003 and no later than 2005. McLaurin said other potential funding partners, such as Vail Associates and Eagle County, have not yet responded to the town's preliminary discussions with them. The town has budgeted $1.5 million for the project this year. Therefore, moving forward with construction would mean displacing other capital projects planned for this year, McLaurin said. Those possibilities include deferring the $2.5 million Lionsridge Loop/Buffehr Creek street reconstruction project; $1.7 million for affordable housing land acquisition; $600,000 for improvements to the Public Works shops; and $600,000 for Village streetscape improvements for the 1999 championships. In discussing the ramifications of accepting CDOT's funding offer, the Council considered deferring the project to 1998 or beyond (with no assurance CDOT's offer would still be on the table); waiting for actual cash up-front from CDOT (which in all likelihood would involve being included on its next five year budgeting cycle); taking the shortfall from fund balance to be repaid in order to honor the 10-year projected budget shortfall; or considering a (more) RECYCLED PAPER TOV Council Highlights/Add 1 combination of deferring the project and borrowing from fund balance. Council agreed to continue the discussions at next week's work session, including funding, construction incentives, completion dates and penalties. The tentative schedule for the project is as, follows: publish notice of bids, Feb. 28; plans available for contractors, March 3; open bids, March 25; award bids, March 25; construction begins, April 7; and essential completion of project, Oct. 17. For more information, contact Bob McLaurin at 479-2105. . --Discussion of Village Area Snowmelt System Cost and Phasing The Council heard a staff report on the feasibility of a snowmelt system within the Village. After consulting with an engineering firm, Todd Oppenheimer, the town's parks superintendent, said the cost is estimated at $8.5 million for installation of a system that would cover 146,000 sq. ft., or three-and-a-half acres. Installation could occur in eight phases, he said. Phase one--construction of a central boiler plant and heating of Slifer Plaza--would be the most costly phase at an estimated $1.6 million. The annual operating cost for the total system would run about $101,000, he said, based on today's natural gas costs. That compares to an annual cost of about $200,000 for current snow plowing and snow removal in the Village. Town Manager Bob McLaurin said a heated system, particularly from the top of the Transportation Center to the top of Bridge Street, would be of significant benefit to the community. However, he said the project can't be funded by the town alone. The town's 1997 budget contains $600,000 for streetscape improvements and another $400,000 earmarked for 1998 in preparation for the 1999 World Alpine Ski Championships. Bob Armour wondered if a lodging tax with a sunset provision could be a possible funding source, while Rob Ford suggested exploring a business improvement district. Paul Johnston expressed concern about the ramifications of a lodging tax. Instead, he suggested the possibility of moving forward with phase one at the town's expense to help attract funding partners for the remainder of the project. McLaurin suggested probing interest in a business improvement district as next steps. For more information, contact McLaurin at 479-2105. --Information Update Public Works/Transportation Director Larry Grafel said the expanded free parking program from 3 p.m. to 7 a.m. was ready to be implemented beginning at 7 a.m. Saturday, March 1. Bob Armour stressed the importance of promotional assistance by the merchants to maximize success of the pilot program. Rod Slifer, representing the Vail Village Commercial Property Owners Association, said distribution of a"Park Free After 3" logo would begin today. Recipients will be asked to add the logo to their existing advertising to help push the program. The Council was also informed of funding difficulties impacting the Grundig/UCI Mountain Bike World Cup, scheduled for July 10-13 in Vail. The Vail Valley Foundation, National Off Road Biking Association (NORBA) and Union Cycling International (UCI) have until Feb. 26 to resolve the issues. Otherwise, the event will likely be canceled. For more information, contact John Dakin with the Vail Valley Foundation at 949-1999. (more) d TOV Council Highllights/Add2 Tom Johnston with the U.S. Forest Service will host an on-site tour of the proposed burn area on March 4. Council members interested in attending should prepare for an 11 a.m. departure from the Municipal Building. --Council Reports Kevin Foley said the Regional Transportation Authority would be reviewing summer bus service at its next meeting. Bob Armour reported on this week's Community Task Force meeting and his involvement in opening ceremonies for the National Brotherhood of Skiers. Sybill Navas represented the Council at a recent meeting of the Chamber of Commerce. Rob Ford attended a Vail Recreation District meeting. --Other Kevin Foley inquired about the status of the Vail Associates ski locker situation at Golden Peak and Lionshead. UPCOMING DISCUSS8ON TOPBCS March 4 Vl/ork Session Site Visit and Discussion of Brooks SDD Site Visit and Discussion of Austria Haus SDD Public VVorks Seasonal Housing Development/Density and Site Constraints West Vail Interchange Discussion re: Future Capital Projects March 4 Evening Meeting Second Reading, Ordinance No. 5, Land Ownership Adjustment Agreement - First Reading, Ordinance iVo. 4, Austria Haus SDD First Reading, Ordinance No. 6, Brooks SDD Lionshead Update: Report on Stage One and Kick-Off of Stage Two of the Redevelopment Master Planning Process March 11 VVork Session Loading and Delivery Discussion Review of Sound Ordinance Rick Onorato 15 Year Anniversary Ford Park Management Plan March 98 Work Session and Evening Meeting Canceled # # , SEN'I' BY : 2-24-97 ; 3: 54PM ;VA I L VAI.LEY FNDAT I ON-+ 3034792157;# 2/ 4 eo~.r~:c- q 4kg . A TTEN~~ON ALL 197 PA UL M/TCHELL ,4MER/CAN SKI CLASS/C VAL`!ED Gl/ESTS: 6Y0R ST BANKS arad e 1/ais 1/alley Founafativn Proudly Presen~ HE4 0 TODD A HO THE MOHSr~~S March S*at Dobaon dc~ ~rena iea Vafd DOOts opOn at Oo pM, show at 7.00pm Tkkets C ts $25 ~~erved bleacher seatireg or $ZO generaO admisston 4~ YOU wOupd 00 adO?ad, piease far thls form back rvith your credet card nuna,~F. N you db not feet comf+ortable w?th faxing your creaPit canoP numbec ploass ca11 with i8 as soon as possible. Tickets will be heltl at the Paul AI!!ic/aeli a4rttedcan Ski CIass6c V7P regIslration areefer lhe cavd iaoldem namea Tickets well go on s~~e to the pufilic or~ Fiebruary 2e a?ad they will se11 out . qulcklyll9 epme cmaFW 77cket~ ~ost Nuinber of merved ffcksegs @ $25: ~ 6Yaa r of ge,neral admissivn 8dckeft @ 20: $ Card H~lders APame : Card T . Vba Agasftr Card Amerddcare Exvress . Card Nurtsber: Exp- Date : Phone arearaaber In ~e of ~ard proBalems: Piene For to Kertrd' Kdeg (970)W1999 by Fddaly 2128197 SENT BY: 2-24-97 ; 3:54PM ;VA[L VALi.E,'Y F'NDATION- 30347921574 3/ 4 : For lrnmediate ltelease F'ebruxry 24, 1997 Media C:onlaCt: Johu Dakin . (970) 949-I999 BIG F[EAD TObD AND TII]E MONSTERS TO liOCIa 1997 A1VIERICAN SKI GLASSIC AT DOBSON ARFNA MARCH 9 WTTH KICKqFFTO "I3EAIJTIFiTL WQRLp" TOUR , YAIL, Colarado-Big Head Todd and the Monsters, nationally , . renowned recording artists and Boulaer, Golorado's favorite 4ons, will be on hand Sunday, March 9, to help celebrate the 1997 Paul Mitchell Amencan Ski Classic as the group icicks off their "Beautiful World" tour at Vail's Dobson Ice Arer?a. Tic9cets far the concert, preseetted by Norwest Banks, will go on sale Wednesday, February 26, with Reserved bleacher seating priced at $25, aptQ[) and General Adrnissian floor tickets priced at $20. Tickets for the 7:00 p.m, perfonnance may be purchased at all o: Tickemaster outlets or by calling (303) 830-TIXS. In addition, tickets are alsa on sale at Poor Richards Music in Avon, Vail and Lionshead 'QAtY It1fOTmation Booths, Affordable Music in Silverthorne, Budget Tapes in Erisco, Whit's Record Store in Hreckenridge, Funky Mountain '1'hreads iai Aspen, The Music Box in Glenwood, Sounds Easy in Carbondaic and All That Jazz in Steamboat Springs. "Beautiful World", the fifth and most reccnt offering from l3ig Head Todd, which debuted Febniaty 11, is "broader and harder" than anything che band has previously done, aceording to leader Todd Mohr. ° "We kind of describe it as a digression," says Mohr. "Like in the movie JCil-N `2001 ' where that guy becomes an intant and has those hallucinatians: The recflrd scartti in a very sophisticated, contempvrary kind of heavy-handed . way, then evcry track prof;resses towards a more primitive sound." --more- 0• 070-949-1 Fax • 9 1999 o O o F4 ~ ~ , SE7VT BY : 2-24-97 ; 3: 54PM : VA I L VAI1_El( FNDAT l ON- ' 3034792157;# 4/ 4 ~ Atnerecm SIu Classic Concert 2_?_2 , Hig Fiead 'i'odd and the Monsters' music is huilt on the bedrvck of rock and rodl, , straight frorra aes origins in blues, wuntay and rhythm and blues, with a distinct con4ernporary sound fuull of big guitars and slinky sout. 'g'he grnup, featuring Mahr, bassest Rob Squires and drunamer Brian Nevin, have ctanged Gttle since they traipsed mare than 400,000 miles around the U.S. in "the (:olornel", their late lamented tounng van. Along the way, they have colleceed a platinurri . album for 1993's "Sister Sareetly", a second disc, l 995's gtrategem, nearing gold status ared tvvo independent CL)s. But more impaetantly, Big Head 'I'odd also hds more lhan 1,500 live dates under their belts. The band has lived to tour sir?ce tbey formed in 1986, '1'hey built a base ol fans 8hroughout the Rockies and sIowly expanded to Chicago, 5ara Francisco, Mnncapolis, Austin and beyond. Most impoatantly, hovvever, is the camaraderie shared by thc band members, which has aflowed them ta keep things in pcrspecgivc. "I thinlc vde could last through all those yeass," offers IVevin, "because it wasn't a matter of `Well, we're doing this so sameday we can bc supery-tars', It was `We'rc cioang this so we can go out and play music and drive around'. Just the 4~act that we were doin it tnade us ctaccessful. Evetything else is icing on the cake.,' Joan Big hiead Todd and the Monsters Ior a big slice of American 5ki C;lassic cake March 9 at Dobsun Arena. -30- RECEIVED FFB 2 6 1997 . ~ L A P N G 0 T I _S , F i n e A r t G a I I e r y February 25, 1997 Dear Bob Armour and Council Members, _ I am writing this letter in response to the front page Vail Daily article published on February 20, 1997. I have concems about the recent decisions made regarding parking changes in the structures beginning Allarch 1st. ' . I purchased two blue parking passes for the winter season so that I would be ,•able to park near my village business during the winter season. My business hours are 10am to 9pm and I am required to have various work schedules to accommodafe those hours. Consequentty, I have employees arriving in the aftemoon to work evening hours. In the past and this year, as well, on very busy days, even with parking restrictions, I have experienced problems finding a parking space. . Some of my questions to you - Where do my employees park if the Village ' _ structure is full? I find it highly unacceptable and unfair to suggest the Lionshead structure or the Frontage Road on a regular basis. What about guests that are coming from outside of Vail? If they have dinner reservafiions or shopping plans and arrive in the aftemoon and can't find parking; how is that situation handled? In addition, is it fair to sell a product (blue and gold passes) and then change the senrices and not accommodate the purchaser? The paper refers to the last few weeks of the passes being affected, however, the passes are good until April 20th which is a , total of 7 weeks. I believe if Vail Associates all of a sudden changed the parameters of , season passes and didn't compensate the pass holders there would be an uproar. I am not opposed to changing the restrictions in the parking structures. However, I feel that the decision was reactionary and poorly timed. I believe there are other available choices that might be considered (perhaps initiate the program on a _ three day trial basis to see if it is effective and then extend it to seven days). I think that people with passes should have some voice in this matter since they purchased the passes to help alleviate their parking problems in the winter. _ I would greatly appreciate a response to this letter. I would like to know your • solutions to the situations I have presented. I am most interested in making Vail a user friendly town, but I am also interested in maintaining sensible business moves for the employees of the tovvn. - Sincerely, ' J' G Nancy Barton Leapingotis Fine Art Gallery 227 BRIDGE STREET VAIL, COLORADO 81657 970-476-8474 " Leapingotis is a cry5tal clear Colorado apring that feeds abundant wildlife in 5weetwater Canyon ~ ~ . ~ ~ . ~ yr k~ F ~ ~ `e ~y Cc ~,tt,'3 y kY>'k.~. s 3p t~. r ~.c ~ r ? P I l r ~ F - i ~ ? ~ ~ , ~z 1 1~ ~ ~ ? . ) 1 , a~ ~ ~ ~,'m. ti. . ~'~g,y ~r.~. y r ~5 j,'t~k 4 3 ~ Y' C J ii,,,;F. -r~': ~ y".r~t; .i R • ~ , ~ ~ ~r~+ 3~' A F L-' ? a~ UM ; . He&rs G1nandes Wd_,.s T°esazasg & EvaIarariors mardn ~ Le=re & warkrfwp sava= I.z=nars9C,0 ss 1'. 0Baz 199z 970-949 S68B Avoat, C,o. 81620 ~ECEIVEU FES 2 11 February 24, 1997 ~e: &AA,Q, To whom it May Concern, ~ A few months ago the new Upper Eagle Valley Sanitation plant went on line. The stench of treated sewage was overwhelming in downtown Avon, leading to a rash of phone complaints, news articles, newspaper editorials, cartoons and letters concerning the situation. Our quality lifestyle is now threatened by the ` stench of cooking sewage that does not seem to abate. We would also like to know the reason why elementary school children, residents and commercial enterprises in Avon are being sacrificed to a system that exempts the Town of Vail from dealing with its own sewage sludge. Are we to sufiei l'orever iram "THE LFri.`JEidT OF THE AFFLUEIdT" ? Now the sewage problem may become a threat to our children's well being. As Learning Consultants who tutor numerous children attending the Avon Elementary School after 3:00 P.M. on most weekday afternoons, we have become aware that the sickening stench is causing many of the youngsters to experience headaches, nausea and other physical symptoms. They have complained of not wanting to stand outside the school waiting for the bus, because of their reaction to the smell. As springtime weather is upon us, these children and their teachers will be spending more time outside the Avon School and so will Avon residents. We would like to request a full investigation of the fumes emanating from the smokestack each day to determine why the smells are causing local children and adults to become ill. We would like the public to be informed about the types of chemicals being used in the process and the byproducts of the waste incineration. Our children's health and well being is at stake. We would appreciate a response concerning the action that will be undertaken by your office to investigate the possibility of toxic emissions coming from the plant. Thank,y for your attention to this matter, Helen & Martin eiss Avon CC: Mr. Adam Aron: President Vail Associates Mr: Bill Esting: Town Manager of Avon Dr. John Hefty: Supt. of Schools vBob McLaurin: Town Manager of Vail Colorado Dept. of Public Environment Mr. Jack Fawcett: Mayor of Avon Mr. Ray Merry: Eagle County Environmental Health Officer Mr. Don Marks: President Eagle County School Board Ms. Jenny Wahrer: Public Health Nurse - Avon Mr. Dennis Gelvin: Upper Eagle Valley Sanitation District Editor: Vail Trail Newspaper Editor: Vail Valley Times Editor: Vail Daily Newspaper Editor: Eagle Valley Enterprise • ' x G~cw.cc,(~ 6~: 8r~ v T h Va I I y!Tlr a ir va e Ue Bi-Monthly IVewsletter of the Vail Valley Tourism & Convention Bureau Vol. 8 Issue 1 February/March 1997 ~~i~"'~'~~ 'g'~~c1V 1t5~lIDSC~~~~~,T~O r1s we look at the objectives oFeach departmenr, we find a cc~mmon 1~g~ 1V denominaror that is truly the key to our sucress, boch pas, and future. ~~~~~~~+d~~ o~-,~~ Collaboration, not only working ~vith partners, bu< <vorking with them effectively, is viewed by each oF us as the most important component co . ~~~9 achieving our goals and fu(filling our mission. We see our "road map" as achieving resulcs through developing positive Greecings! partnerships with as many businesses and organizations as possible. We Iwould like to take this opportuniry to bring you up-to-date with the strive to involve our members, our investors, our stakeholders in the planning process that your TCB management and staff have been working tounsm effort. We cleady recognize that our efforts are gre~stl,v enhancecl on since last autumn. r1s we began to put our goals, objectives and by the relationships we buitd with our municipa[ities, countv govemmenc budgecs cogether for 1997, and beyond, we recognized the rreed ro and_pnvace enrerprise. refresh our planning processes. In line with this collaboracive philosophy, we have alreadv begun to work Just nvo years ago, we restructured our Board of Directors, deve(oped a with Vai( Associates and the lodging communiry co develop earfy and late Special Events and Communications department, hired new staff and season business-building programs for 1997 and beyond. Soon we wii( implemented several new markecing programs. We fel[ it was time co reach out to che business communiry, inviting them to partic:ipate in take an in-depth look at how these changes have benefited the developing these marketing campaigns. organizacion and ro focus on how we can build off of the successes we As we look back at the successes and challenges of the pasi few yeais, we have seen over the past several years. recognize the need to resolve the marketing funding dilemma as being Qur first step was to develop our "road map" Eor success into, and one oF our most critical issues. We believe that unicication oF the beyond, the year 2000. To chart our course, and establish higher governments and municipalicies with ihe business communiry and private standards for achievement, we held a management recreat where we enterprise is the only way to develop an equitable long-range funcling establisned a common vision, revisited our mission statement and structure. While developing collaboration at this !evef is often a !ong developed values which will guide our conduct and business decisions on Process, we are contident that ic remains the key to success, and we are a daih- basis. Our focus was to gain a better understanding of how our excited by the opponuni[ies i[ presents. individual efforts lead to a common goal, which was defined as: In closing, I wish to express che appreciation of our management and "Promocing and facllicating tourism in the Vall Valley". staff, to you, Eor your support and the role you have played in our _ success. As a(ways, we welcome your participation in whacever area you The Vision of the W'TCB is: are most interested, and hope thac you take advantage of the opportunity To be the valley-wide tourism indastry leader by to be actively involved in the valley-wide courism marketing effoi7. developing and implementing marketing programs Sincerely, designed to increase the economic vitality of the FrankJohnson business community. : The tKission of the w7'CB is: FELDd3t1US Ivt1MED PdZESIDEN1' 0F To promote and facilitate the growth of tourism in the Vail Valley through the development of partnerships DE$'T'jjljA'g'jON CoLDRADO and programs with public and private entities. The Values, Our Guiding Principals, are• The WTCB's iice president of sales and marketing, (im Fefdhaus, has recendy been TEAMWORK named president of Des[ination Colorado. EFFECTNE COMMUNICATTON Destination Colomdo is a s[ate-wide, ntember-based tnarketing cooperative u•hose INTEGRITY mission is to atcract group mee[ings and convencions to che staie. The organizatian FISCAL RESPONSIBILIIY was s[aned in 1993, and its membersliip includes resorts, lodging propetties. (ouiism ENTREPRENEURSHIP and conveniion bure-Ius and eransportauon companies. The next step in this process was to gec the organizational "tC1in" mOVing Wi[h Feldhaus's esiensive background in the ho[el induscrv, and "five vears in his in the right direction. Each of our directors Norked wichin their departments to crystallize how the mission, viston and values apply to Position with ihe WTCI3, he is excired about the beneiits chis opportuniry presents. each staff member, and co define how their individual effor[s are directly "I recognize great personal and professionil benefic to be ;ained bv sen•ing as linked [01Chieving ouf organiZ7ti0nal g0a1. president oF Des[inacion Colorado. [ iaving been im•olved in ihe ho[el management Now, with our netivly elecced (`97) Board of Directors in place and and rourism industnes for rnencyfour Vears. l tcel that ! have a loi to olter Destinauon functioning, we are invoiving the Board co deve(op a long-range strategic Coiorado, and I'm sure my esperience as presidene wilf ultimacefv benefit che plan based upon our missi0n, vision and values. This process will oCCUr marketing et}orts of die WTCB and Vail VaIley communin•," said Fefdhaus. a(ongside our day-to-day management of new and existing programs being implemen[ed in 1997 and 1998. Feldhaus has been a member of Destination Colorado For the past three rears and served as vice presidenc in 1996. He will sme atwo Year reim as presidcnt. 1 NATIONAL BROTHERHOOD OF SAIERS RETURN TO VAIL • D ` • The world's IarRes[ ski group, the National Brotherhood of Skiers (NBS), is hosting its 199? Skicr Summit, in Viil, February 21 through Ntarch 1. This is the third time that V;iil is hosting the NBS's bi-annual event, with their last Vaii Art & Anna Kleimer Real Estate summic being i,ei(i il, 199i. Colorado Airport Resort Express Tlie return of the NBS is due ro the successful joint marketing effort of the Wi'CB ,tnd Vail :lssociares. Tl~e 1997 Skier Summit is erpected to draw over DAC Transport 5,000 visitors for skiing ind festivities, the largest single group ro ever visit the Fiesta's New Mexican Cafe and Cantina Vail V;iiley. Beginning cvith a kick-oFf parade through Vail Village, Saturday, Golf Year Round Febnian, 23, the Neek-long Skier Summit includes youth ski races, adult races, ~ alpine anci nordic race clinics, special luncheons, happy hour celebrations and Santa Fe Cigar Company evening parties, amongst numerous otheractivities. Sk1T1 Deep In less than two decades the NBS has become the largest ski convention in the [inited States, consisting of eighry-one affiliated black ski clubs with over 14,000 Tennessee Pass Cookhouse niembers. itiiembers are located in sevenry-two cities and thirry-three states, The Altima Group, Ine. and represent one of the fastest groNing segmencs of the ski market. VaII B1CyCIeBOaI"deI SeN1CeS, Inc. The mission of the vBS is to develop and finance the training of African ~uiiecican Olympians, and is reflected in the 1997 Summit theme: "one coal - Walmart Olympic Destiny". All training funds are provided through donacions, and nationally sponsored fund-raising activities, such as the biennial Summits which are held ducing odd-numbered years. During even numbered years, the WrCB I~ORMATION SERVICES Meeting•Challenge Cup events are held, Nhich have become nearly as popular OFFERS INCREISED GUEST as che Skier Summits. This years Skier Summit major sponsor is Pontiac GMC. _ The lodging revenue to be generated from the 1997 Skier Summit is estimated ACsIsTANCE ~~~~MAMS to be about $1.5 miliion, with $1.1 million afreadv booked. Based on statistical (n an effort to provide Vail Valley visitors with more and better information, data on skier spending trends, an avecage of $4.00 are spent in the community the WTCB's Inforrnation Services depattmenc has develooed sevenl exci[ing for every doliar spent on lodging. This equa[es to an estimated rotal oE$6 newprognms. million being spent in the Vail community! 14sitor's Direcrorv In alliance vvich our corporaie sponsor, NOVIIS Services, issuer of Discover, Privare Issue and Bravo cards, a new, upscale color V'isitor's Direcrory has been designed. In addition to the [raditional map WT'CB LANDS TRIPLE CROWN SPORT~-1997 displaying ihe valley from Eas[ Vail [o Cordillera, a new direc[ory has been added. The directory makes it simpler for a visicor to discover and locate our ROC~ MOUN~CAIN RECTION~ TOURNAMENT. members. Businesses wishing eo purchase Visitor's Directories for their guests can do so at the lionshead InFormation Center. The WTCB h:is recendv confirmed a new sports iaumament coming to the Vail Valley this summer Host Prqgrzim: The host prognm was initiallv created [o provide visitors ` - the Triple Crown Sports 1997 Rocky A1oun[ain Regional Soccer Shootout. The tournament, with increased guest senices during peak periods, stich as Chris[mas and scheduled for August 14-17, is expected ro attract over 400 three-on-three soccer teams from president's n+eekend. Due to the success of the program, and our desire to Colondo, NeN Mexico, Anzona, Nebraska, Utah and Nor[hern Califomia. ensure that visitors enjoy dieir experience in Vail, the WCCB has teamed up with Vail Associates and the Town of Vail co otTes che program on Saturdays Tnple Cron-n Sports, a Denver b.tised "grass-roocs" sports organi7ation, has successfully conducted and Sundavs throughout the winrer and summer. Volunteers, uniformed in local sports competitions in cities across the U.S. since 1989 in soccer, volleybali, basketball and eye•cacching red jackees, embroidered wich the universal svmbol For sofeball. The local competi[ions are the first opporcuniry f'or reams co advance to regiona( and information, "I", are posred at main pathways co the iiIlage areas and the national evrnes, such as Vail's regional roum:tment. mountain. A[ chese key locations, volunreers provide grooming repor[s and One of the most exciting opportunities this event presents is bringing many new %isicors co the Vail maps, arid ue available [o :uiswer any questions Vail visitors mav have. Vallev and esposing them eo the splendar of our summer season. And, Nith over 70% of the Parade of Events: A pnmirv source of information for visitors is che Vafl paRicipanes txing under age 16, manv paren[s and family members invel wich die players, which Valley Pande of Evenrs. Originally a summer program, this list of exciting - helps gener;ue much more husiness than the number of participants ;ilone. Tripie Crown estima[es upcoming events occumng in the Viil V:illev is now discnbuted year•round in as niariv:is 1,-00 room nigh[s being booked. a eanecy of formats. The popuLU, camy-aNay cards are diRnbuued weektv ro 1'he competitiem eenues are Vail's Pord Park and Avon's. Nottingham Park. The WI'CB ;uid Town of over 200 locations throughout the Vail V;illev. Additionally, che °parade" is : Won are pursuing a multi-vear agreement cvith Tnple Crown Sports in hopes of hosting this event semlled on NS mice dtifv. Loclges throughout the valley receive one-page in the v;dlevlor at le:ist three ro fice ti-ears. weekly updates so that concierges can recommend upcortung events. Iater in the year, newsprint adeenisements displaring [he Parade of Evencs will be appeacing in both local and Frnnt Range newspapers. - 2 WTCB CENTRAL RESERVATIONS LODGING REVEIVUE NEW FACES AT 'I' HE "TcC1B (Based on Arrivals) uring t e ast sevenl months, the WTCB h had the plc< ~sure o r < $1Z50 ; welcoming severil neN members to its teimV~'e would like to introduce each of these new faces ihat are helping to best seR•e vour needs. The Group Sales Deparnnent is proud to announce hoth a ~1,200,000 - promotion and new arrivals. We n~ould like ro congratula[e Lisa Morris on her recent promotion ro director of sales. formerlv responsible for the East Coast sales territon-, N4orris is noR• responsible For both her terrirory and administrating our sales : $1,150,000 ' eFfort. Additionally, the Group Sales department would like to welcome four new additions ro its staff. Amy Conneflev has joined the team as transportation sales manager and is responsible For both air and ground transporcation services for groups. Chns btanders, our new '~1,100,000 marketing analys[, tele-prospects group accounts ro decermine <their inrerest in visiting the Vail Valley. As the group sales coordinacor, Micki Schnieder hand{es the many special needs o groups. Additionallv, eve wefcome Debbie Kirschbaum :LS national ~Y,050,000 ' sales manager For the Cenera( U.S. terrirory. Kirschbaum comes to th WTCB from the Hilton Head (sland Visiror and Convention Bureau. The WTCB Special Evencs and Communica[ions department has added a new member to its team, as well. Kade Carpenter, communications mana;er, will be responsible for developing and implementing the WTCB communicztions plan ind all intemal and eYtemal communications operations. C]ENTRAL + SERVA'g'I~~~ CELE~RATESA Bob Batchelor joins the Membership and Promotians department as manager oF membership and cooperative progmms, and will be SUCCESSFUL 1996 responsible For member relations, new member solicitation, and Central Reservations is proud to announce that 1996 was one oF their most successful cooperative sa(es. Formerly a Beaver Creek Resorr concierge, years in WTCB history, with an overall increase of nearly $140,000 in arrivals over me be~s. w~~~ serve ~s a liaison benveen the WTCB and each of its 1995. In fact, last year's success was second only to 1994, during which much of the Two new reservationists have joined the Central Reservations increase in reservations can be attributed to the Grundig World iMountain Bike depattment. Craig Campbeli joins us from the Fnishing Touch o Championships. The department director, Bryan Buick, attributes the overall vail, and Betry Borth from the Hyatt a[ Beaver Creek. As 1997 increase in fast year's arrivals to improved training and an excellent s[aFf, special continues to be a busy Ninter, we wefcome their enthusiasm in . events held during off-peak periods, such as the annual Jeep Whitewater Festival and bnnging more visitors to the Vail valley. Ok[oberfest, and, mos[ especially, receiving early winter rates from lodges. The The wTCB, and each oF its new additions, looks fornard to department appreciates the cooperation of the lodges and looks forward to continuing to serve its members and visitors to the valley in the continuing to work together in the future to Funher increase the number of bookings Year ahead. throughout the Vail Va(ley. WT'CB'S Ii~YEMBERSHI~' ~D PR0M0'TIOIVS INT'ROD~JCES r~Dd'TIO1Vt1d, PROG~S In an effort to best serve our members and attract more individuals and groups ro In a further cooperative program, the WTCB and Vail Associares have teamed up the Vail Valiey, [he Membership and Promotions deparcmenc has developed with the lodging communiry to create "Meltdown `97". In order ro increase . several neN programs. business during a rypically slow period, espose the Vail Valley to a po[ential labor Business membership Focus groups Nill be introduced during the nest month. source, and promote year-round Nord of mouth advertising, employees oF the - Throughout March and April, business members will be asked to participate in Ninter recreation industry From around the country will he invired ro enjoy the focus groups to scudy the renovation of the Business Membership Benefits Vail/Beaver Creek Resort experience during the Neeks oF April 5-20. Three program for the 1997/98 membership year. Individual groups will be Formed to pickages will be available ro industry ernployees from sever;tl target markets, look at speciE'ics within research, dues, and membership levels. including ski areas, ski and snow related retail shops, snow equipment Additionally, an all-membership meeting Nill be held during mid-:~tarch to manuFacturers, industry related hc~rel properties, and airlines. announce the 1997 cooperative programs for the WTCB and the Vail Valley The WTCB Membership and Promotions department roill inForm you oF meeunq biarketing Board. Cooperative sales for the 1997/98 Winter Vacacion Guide, Pront aites and times, and will keep you updated on these and other programs. Pleme Range htedia, Denver bieeting P!anner Recep[ion and the Brochure Cooperacive conract Bob Ba[chelor For Further inFormation at 476-1000 ex[. 3042. Nill begin in earl,v Nfarch. . ~ 3 5 Hot Winter Nights, Golden Peak 28 Colorado Ski Museum Lecture Series Calender of Events 7-10 1997 Paul hfitchell Ame`~T~c`an * ArnMencot* Snowboand Outreach FEBRUARY Ski Classic SodetY 22 - 23 Mountain Dew Snowboard Festival 12, 13, 29 Avon Easter Egg Hunt Fcb. 22 - 15, 16 1997 FIS 1Vorld Cup Finals Notdngham Park biar.1 WeIcome National Brotherhood 14-16 Winter Beaver Creek Lecture Series 30 FREE Easter Egg Hunt of Skiers! Sotheby's Auction Adventures Lionshead Mall 26,28 [3ackcountry Snowshoe Adventure 19 Hot Winter Nights, Golden Peak 27 Vail Symposium Speaker series 21-24 Winter Light - A Photography Adam Aron Workshop with Galen Rowell 27 The Trail Corps Academy Lecture 22 Multi-Band Spring Break Concert "An Adventure Into the 21st Century" Dobson Arena Feb. 27 - 22 Warsteiner Mogul Mania, Vail Mar 2 Jeep King of the Mountain 24-30 Junior Olympics, Golden Peak 26 Hot Winter Nights, Golden Peak MARCH 27 UnVailed Concerts 1 Jeep King of the Mountain Concert Dobson rlrena 3 Colorado Specia( Olympics 27-29 UnVailed Snowboard Festival 'Winter Games, Ice Skating Events Dobson Arena . VAIL VALLEY8v Bulk Rate U.S. Postage PAID TOURISM CONVENTION BUREAU Vall, CO 100 E. Meadow Dr. Vail, Colorado 81657 Permit No. 50 Pam Brandemeyer _ . . - ? _ : .d~" Town of Vail lr75 S. Frontage Rd: -W. Vail, CO 81657 ar HP1IlL TOENDORRO11V . TEPSiVI OtlO0 ICE RE. MID'COURSE REtlCEtltl Tweed Kezziah and Susan Watkins, facilitators for Vail Tomorrow, will be in town next week on March 5th and 6th. They're very interested in checking in with each of the Teams in preparation for the April conference, tentatively set for Aprif 18. They'll be , available to meet with each team individually at the times listed below. This is a special opportunity to take advantage of their process coaching and facilitation skills. Please join them and watch for more details regarding the April 18 conference! --Suzanne Silverthorn Vail Tomorrow Communications Building Communaty Team (regularly scheduled meeting) 6 to 9 p.m. Wednesday, March 5 Fall Ridge Condominium conference room Regional Cooperation Team (rescheduled meeting from March 6) 3to5p.m. Wednesday, March 5 Manor Vail Affiordable HousBng Team (regularly scheduled meeting) 4 to 6 p.m. Thursday, March 6 Evergreen Lodge Natural and BuaEt Envuronment Team (special meeting) 6:30 to 8:30 p.m. Thursday, March 6 Vail Town Council Chambers cc: Vail Tomorrow Coordinating Team Vail Community Task Force [:~Vail-Town Counci~:D Endorsing Agencies P.O. Box 1015 ^ Vail, Colorado 81658 ° 970-479-2451 ° http://vail.net/Vail-Tomorrow • SENT BY: 3- 9-97 ;10:09AM ;VAIL VALLEY FNDATION-+ 3034792157;# 2/ 3 . 4 Y/.~Ix.YAYFF,g FOUNDAUO% . N*Ah,, leadcho a athltUc, edLetalinrral cabw O'kama -J-- and sww. . !lv 9-dkY of u1E LI L6 `'a v„ffla MEMORANI?IT1VY B-.e or ri.,ft(w„ • ~'O: li~O~TA~ BzKE O~,GANIZING CO~TTEE f'rcei~knr C:tzakl R_ S+p~ ' A,laen A. ~rp Op L-y ot1 D. Alx~t bb LdY. C~~+ x ~ r~ , dj'O1.ry G C:aivlyi~ S. Munt MtrltYte L Anll • . n;um K. BwWn d)AZ'H: M'~'ch 3 Jamco Besry C.r~k ,1997 . )Rrk ('..~hp . Anlmv P. Ik417 p ltll~ -p~y p~~ Harry i L Frampiuo. 11I Op7 Vltl ~d'~111tl B~yy~~ 1~uly lX 1cdln 4arnecv ' Cav.ue N. (:ilkn. )a (-"ll-" R`"^^6. Plcase find enclosed the follawi.ng r1Tt c;r„"MnmQ letter eonfu-mi.n g ?t..e N. S 31~ri7~IlP.r'S n''rt'L, 1+.~ - anOurat~ bilang event ul `TaiI, Jul 12~ & 13t+ ~ ~ ti~+ Y fiA AMC. clal- W. x.:im,, Jxk F Ruoq. ~lP will ibe con4acting you in Hctuy R eajrly April to set up an OC meeting. jGOvis ' ' !'etee W. May . r•l h„ch ~,11?. 1llagak you. XL' : mkt141 s. stisnna, X ' . xndn,,-f L sukr Oxar L. TavW 1999 pbr(d q(riieee S&1 Cl-V(N~h;p, 1944 Wor4! A~wdain . . &Em Cfw.QL"G4„ t/ • 19lt!)lyur(d Alpn,e JYti (:hymph.'hj~' AGI Wo?Id Farmn, ' . Amrric.n,q( CIweK • AlA'a+s Wmfd (:.p . Frim.6,,t Ydl F'p+a d+e d•aaarc ' . (inn/d R. llnrd ~ • Aw4J4rhe=ro • fLarJd~auer A.~~ .nid Sck~y~y~y Vng b.ec~Qj"j ' 1)/mr.r. l:stiaml ~ PA. Aow 309 Ky (•01crdo 81bS8 47a949-1999 1'on 91094v.9263 "Qu wfop26valt.ilCd ACnlevtn& 5Ul (c) IV"npw~ir Cafanmqoo~ . SENT BY: 3- 3-97 ;10:09AM ;VAIL VALi~.'Y FNDATIOIV-, 3034792157:# 3/ 3 . ( FACSIMII,E TRANS1vQSSION O' d To: Peter Angerer AMC GmbH Fax: 011.49.911.707250 From: Ceci1ia Fvlz and Katriria Kerig Vail Valley Foundetion Fax: 970,949.9265 Ite: 1997 Grundig/[JC! Moutttain Dike World Cup Race Date: 26 February,1g97 . cc: PhilMiibam, NORBA Martin Whibely, UCI Dear Peter; Thank you for your fax the other day,111though we are in the mid.st oFfinal preparations for otu Worl.d Cup Finals races, we wEmted to respand to you by the deadline we had previously set .for our decision. Vail has received a commitment from NnRBq to offset any lasses yve rright incur (up to $,15,000).1This cert+iinly helps to get us c.(oser to the support we are in neeci of, but of course still letives us quite a few thousand short. Hnwever, based upon your communicaiion regarcing potentia) sponsorsitip opportunities for us tn sell, your wiltingness to wark wilh us in a Ilexible rttanner and ou.r mutual desire to bring this race to fruiti.cm, Vail will commit tv hosting the fuly 12 and 13 races. We have scaied our event and our budget back signific.antly, but believe we will st[ll provide a qttslity evLmt given the opportunity to raise sporisorships. Peter, 1 caru:ot slress enough our need, now rnore than ever, to malce up revenue in aponsorship sales. I would like to have Lissa Macintosh our Senior Vice President and Riclc 8everidgc of our sales teaui, begin discussions with you and Phi! Milburn to qualify and define our opportunities with cataegories and signage. As we have said many times, Vait is very suppartive of mountain biking and we look forward to hosting the world s gz,ealest riders in our community in 7997. Please look for more specific cortlmunication to begin rnlce we have bctished our cvenf at hand! We look fvrward to worl:ing with you this summer Peter. Sincerely, ~ Cec~.ilia Folz, ice pr~.~ident ICetrina Keri IZacc Me,nager L$,' 1/~~t•~U141. I?(_). Box 3 ati,`i~l/ i1, Colondn 91658 -(9%b) 74I-1999 - F c ~ ~ aa (r70) 94I 9265 -hnp://vail.ncdvail9J ~ A Ptujrct of Thc Vail Vallry FvwncLuion . . - ~ . , , ' . TO'b~ ~~F-VA%g, ' `ro dA 0 . • Ingr,a$/Irtquary Responsr Recoxd ~ • ~ "AY ' The ateached co~enes r~vere recentIy rec~ed by the fib~vra of ~Ia'~Ti~1e ec~coura V resadencs arid guests co ~ve us szich input and we s~re for tamel ~ aii ADDIZESS THESE CONCERNS YresParLSes. PLEASE CONII'LEJ7ED FORIV1 TO PAM B WORKNG ~AYS AND TI-US D EI'AR b T°0 ~~LE INQUjay ' C,,~Y?1- . jj,, . ~ ~iVDI~vAL T0 HAND LE INQtilZX • 13AT°E T°OV RECErvED ZMZ/INQUjaY 8•3• qj . . . . =F 0 F TINPL`P/LVO TT~v PHOIVc CALI. (iaidicate date) . (at;-ached) P+c+lt-a REZ-i ONSE C. (attac.hed) . . . LET`i ER (attach copy) - . PHQNE CALI. (iaadicate date) . B~t~ IJ~iuA Rv n~ ~FSFON A NIqVr= `ri rr~0 i~v ~ DAc OF 1~E~"!'OIVSc F0ILNi.UTURN7]-:D BY DEI'AIZTZ,~-T TO pAM BF~uNDi . . A cspy oi t4ia inquiry snd foetv will reereain on Ctle me tl:e i0 V Coesers~wyity RrlsGons of~c~ fa~ ~~um~ b 2:ea 8nndmeyer, this inc~viry ai11 be consid¢ced dasad . i r+11,V <'lC U F{' R `.'CC. 7 ,'i-v¢{..'! J,:%'C C...*NC C F77-?5 -TS~.? "r` r • v a 1.-_ A % rv - r r•---., . _ , _ . ~ - , ' . ' M . _ . " _ • " . " . v A : _ "}ry~f:z'r~c : -Y . _ . . _ . M ELROI), KATZ, PREEO, RECEIVEO AR LOOK, ~Q~~3~ Richard B. Elrod MOISON RL SILVERME~N Martin J. G~jr een Michael M. Katz PROFESSIONAL CORPORATION Richard M. Hess, Jr.~ Robert L. Preeo' Attorneys and Counsellors at Law Jersey M. Green Harley K. Look, Jr." Marilyn W. McWilliams Peter R. Moison 1120 Lincoln Street, Suite 1100 Kathryn A. Reeves Eldon E. Silverman"' Denver, Colorado 80203-2139 Gilbert R. Egle Telephone 303-832-1900 Brian E. Onorato""' Also Licensed in California Telecopier 303-863-0412 Timothy K. Jordan Also Licensed in FloridaAlso Licensed in WisconsinAlso Licensed in WyamingOf Counsel: Also Licensed in Connecticut... RiChard P. Rosen, P.C. Also Liccnsed in Washing[on~~ February 28, 1997 Sent Via Federal Express The Town Council Town of Vail 75 South Frontage Road _ Vail, Colorado 81657 Re: Objection of Village Center Condominiums to the proposed Streamwalk Dear Council Members: As counsel for Village Center Condominiums ("Village Center"), this letter is written to briefly set forth Village Center's opposition to the recurrent nightmare proposed by the Town of Vail Community Development staff commonly known as the Streamwalk. The elements set forth in this letter were presented orally to the Planning Commission on February 10, 1997. The purpose of this letter is to reiterate that position for the benefit of the Town Council in their further deliberation concerning this matter. 1. Historv. The following history is presented as support for Village Center's position: a. 1962. In 1962, Vail Associates, Ltd. a limited partnership, then owner of much of Vail Village, inclnding the stream banks; filed certain Protective Covenants designed to describe land uses and controls. ~ b. 1971. The above referenced Protective Covenants were amended in 1971 by Vail Associates, Inc., a Colorado corporation, the then current owner of the subject matter property, which, once again intended to describe land use . limitations and in pertinent part, stated: ~ " 1.2 THE SUBJECT LAND shall be used, held and maintained in good order and condition by the Town of Vail (subject to existing or recorded easements and rights-of-way) for use at all times as a vacant and undisturbed open area in its natural condition and no structure, building, or improvement of any kind or character, whether temporary or permanent, may be erected or maintained thereon. " Village\970102-1901 The Town Council Town of Vail February 28, 1997 Page 2 The referenced subject matter specifically includes the stream bank area in question. Said amendment was filed with the Clerk and Recorder of Eagle County on August 30, 1971 and has remained unaltered since that date. C. 1972 to 1974. Between the period 1972 and 1974 the Village Center Condominiums were constructed and from inception the owners thereof became stewards of the stream bank adjacent to their property, using their best efforts to maintain same. d. 1975. Village Center, in their attempt to enhance the stream banks adjacent to their property, entered into negotiations with the Town of Vail in 1975 proposing a public/private partnership for purposes of landscaping and maintaining the stream bank area. Such efforts culminated in an agreement between the Town of Vail and Village Center wherein the parties agreed to a public/private partnership with the Town of Vail and Village Center splitting the costs for certain agreed to improvements to the stream bank area. e. 1976. In 1976 the Town of Vail engaged the services of landscape architects Royston Hanamoto Beck & Abey for the purposes of developing what was referred to as the Village Center Landscape Plan ("Landscape Plan"). Over 90% of the land involved was the stream bank adjacent to the Village Center. f. 1976 to 1979. In the period 1976 to 1979 pursuant to the public/private partnership and the Landscape Plan prepared by the Town's landscape architects, approximately $22,300 was expended by the Town of Vail and by Village Center on a 50150 basis in implementing the Landscape Plan. In addition, Village Center expended $3,600 of its own funds to provide irrigation for the installed landscaping. Furthermore, my clients agreed to, at their costs, continue to maintain the landscaping, which they have done for the last 21 years. In 1975, the stream banks were conveyed to the Town by Vail Associates with the following provision: "Upon the express condition that the property be used solely as open space, or for public use purposes, but if the property shall ever be used for other than as open space, or for public use purposes, then the party of the first part and its successors and assigns may re-enter and repossess the property as of their former estate. " Village\970102-1901 The Town Council Town of Vail February 28, 1997 Page 3 The Town of Vail took subject to the Protective Covenants as amended. g. 1989. In 1989, the issue of the Vail Streamwalk was first introduced with the proposal of extending the current trail system from the Covered Bridge to the Intemational Bridge. Public out cry at that time was enormous. Concems over environmental impacts, required Army Corp of Engineer approval, permits, costs, evasion of privacy, security, loss of property values, detrunental economic loss to the businesses of Vail were but a few of the concerns raised by the public at large. The Streamwalk was not part of the Vail Master Plan, nor was it in the Landscape Plan agreed to by the Town of Vail. In August of 1989 the Streamwalk was dropped and according to the then town attomey, Larry Eskwith had become a"dead issue". Mr. Eskwith went on at that time to question the validity of the Protective Covenants as amended, evidencing the Town's knowledge of these issues, but failed to pursue the matter further. - h. 1993. All remained quiet until 1993 when once again the staff brought back to the Town Council the "dead issue". At that tune discussion groups were held, inspections of the affected areas were conducted, lengthy meetings between the public, staff, Planning Commission and Council Members were conducted with a resulting five to one to one defeat of the Streamwalk. Pursuant to that vote the Streamwalk was pulled from the Open Space Master Plan and to the best of our knowledge, such is currently still the case. i. 1996. With the redevelopment of the Austria House the night mere once again resurfaced. II. Amuments in Support of Vail Center Condominiums' Opposition to the Streamwalk. The following arguments were presented to the planning commission in support of my - client's opposition to the Streamwalk: l. Illegal Activitv. The proposed Streamwalk is both legally and morally corrupt. We believe the Protective Covenants are specifically enforceable and that the Town would be equitably estopped by both their actions and inactions with respect to these issues. In particular, the Protective Covenants have been in force since 1962 and as amended since 1971. The Town specifically took subject to these Protective Covenants when the property was deeded to them. The Town made no effort to modify or abandon these covenants and, in fact, Village\970102-1901 - ` . ..-•..S e . The Town Council Town of Vail F'ebruary 28, 1997 Page 4 , entered into a private/public partnership with Viilage Center in part to _enforce these covenants. Surrounding property owners have acquired their interests in - detrimental reliance upon these covenants and the public/private partnership. To ignore 21 years of consistent policy, practice and reliance would be manifestly unjust (See Jafav v. Board of Countv Commissioners of Boulder Coun (Supreme Court of Colorado 848 P.2d 892). Furthermore, we believe that the removal of this item from the Master Plan precludes this matter from being even considered without a formal proposal to modify the Master Plan as required under the Ordinances of the T'own of Vai1. 2. Sufficient Current Access. It is readily apparent that this particular area already affords more public access to the stream than nearly any other section of said stream within the Town's boundaries. Thousands of dollars have been spent by the T'own on the Gore Creek Promenade, pocket parks the pedestrian bridges and the viewing bays. 3. Costs. We believe that the costs of introducing a side walk in this area would be prohibitive, both in terms of the initial construction costs, as well as continuing maintenance. Substantial vegetation would have to be uprooted, including the removal of numerous trees and animal habitat. There are a number of other needs in the Town of Vail and the surrounding valley which cry out for the use of these funds and for which the benefits would be far greater than the use of such funds for a intrusive side walk. 4. Adverse Economic Impact. To the extent that foot traffic is moved to that side of the creek, walk by traffic for the businesses along the opposite side of the stream would be felt in the form of reduced revenues, which would result in a further loss of sales taxes. 5. I.ack of Public Support. This matter has now been brought before the public on three separate occasions. We believe the public has spoken loudly that it does not support this concept any more today than it did in 1989 or in 1993. 6. Loss of PropeEly Value. Village Center believes that such an intrusive sidewalk will result in severe security problems, maintenance problems and an overall decrease in the value of their properties as their rights to privacy will be invaded by the close proximiry of this side walk to their living units. Village\970102-1901 ~r. ,f. ) The Town Council Town of Vail February 28, 1997 Page 5 - III. Conclusion. In conclusion, we believe that it is both morally and legally improper for the Town Council to consider, let alone implement a streamwalk. For the reasons stated above, we respectfully request that this matter, once and for all, be removed from the Town's agenda. Respectfully submitted, ELROID, KATZ, PREEO, LOOK, MOIS0N & SILVERMAN, P.C. . 1 . Robert L. Preeo RICHAItD P. ROSEN, P.C. ' ard P. Rosen Village\970102-1901 ~ R El D MAR 3 9997 4+4~ Office of the Board of Commissioners Eagle County Building (970) 328-8605 P.O. [3ox 850 Fax: (970) 328-7207 _ • 500 Broadway TDD: (970) 328-8797 Eagle, Colorado 8163 t-0850 . ~ ; .A•• ~ri.f' 1. l4: , h . El uGl1.I~ ~~UNTLL , COLORADO The Eagle Board of County Commissioners cordially invites you to the Gi°~nd Opening Celebration foar the cCoa~~ty9s Avon Annex Offices Monday9 MQD'Cld 109 1997 Ribbon Cunang aP 8: OOam Avon Center Coffee and donuts will be served For Additional information, please contact Clerk & Recorder, Sara Fisher, at 328-8710 or Health and Human Services Director, Kathleen Forinash, at 328-8858. ~G..,. HUSINESS - - . . . . . " Avon _co~ancil an~t~s _ m apke.-Tin _funds _ _ r:~fF~ _ - ~ • - Os som~ t~~r~ b~enef!~t : ~ _ . . . . , , ; . ~y By JEA1VNdE COioii{g,g1V r:ing Iohr~son tald the councjl Tues DAily Sesff W?~i r,=day ' We really beljeve this'gives us AVON Eiioperating with a ne~ ihe opPortunity to j~mp-start next - marketing plan'designec3 to promotE :Ye~ ~o" we`re everaging' a little~ ~ late ski seasort husine§s, _tlie-,Avon, moneyfrom a:torfor peoPle.'-:',: Town Council agreedTuesday to'con ,:_11_g1nal forniulas for funding:the~ Yz fibute $2,500 to the effort launched b P~~ h~ Vail paying 15 per~enG`H~w~.~~ VaitAssociates:and the Vail Valley ever, Vait Mayor:Bob.Aimour:too~`~ Tourism and Convention Bureau. issue with ihat expense and said Vail Focusing on Apri1 520;.wNen ski '.should pay the same -as Avon:andi,,~ business begins to decline, the mar- Beaver Creek• - ; • keting plan aims to woo ski indus . try_ '.I>m,tired of,Wail paying,.1-5,per73,• related groups to the slopes and to area cent when (guests are) staying at the;'41 hotels; restaurants and other business- Christie L;odge ' dowm in Avon;' T~„. ' es. Discounted iodging and.tift tickets Ainour said last week. are the centerpiece of :.the plan.: A(ong with,Avon, Vail and Beaver~,; designed ro fielp ~19c44 ;4u_s,inesses, . CreeK Resort have.committed_$2,50(l yieldgoodrevie~n:ofthe,\j~ltValley, :eacfi: : and expose the area toa potenEial labor . Avon'Counciiman A1 Reynolds Jr source. - , said he'believed the~martcetin ~an Masterminded by Bob`.Kunkel'of `had'inerits and,the town's pai~ie pa='=' VA and Frank Johnson of the . "ion would be a"goaftokerre"ofcoop WTCB, the $3QOOp g( auced erahon by several grou~: P.aMq' , p;l~d~es _ The pcpPosed. discouat p`an-ot~eisz _ will cover 50 peqe!!t ~f ~az1~k three rates,-each meTucitng7odg~r~gan~;,~ - VA picks up 25percen .Vail I~ft'ticket: Rates,are;either . . _ . . . . 8.33 percent Beaver A" -~esort $79 ~er ~rsoa and'catt.~rtct~de a st3y : , . . : 8.33 pereent artd;.'Fqwn o~Avon 833 atBeaveC reek s rcent. posh Hyatt Regepcy ; pe . Hotel. . , . The Avon couneff unanimously -•:..T<vgeting other ski area`personnel_~~ agreed to share the same financial bur-. ski-related retailers, snow equipmeriE::+ den as Vail and Beaver,Greek Resort - manufacturers. aii&1ofel"and'air)iqe<~` only after a few_,;.cotin~ilmembers . employees; tfie plarrcould help•prao-' questioned how the.marketing effor[ mote the region when.-these folks':; would benefit Avon.,; retum.home and tioasC about the.ben- :T Mayor Jack. Fau%cet[ `asked why. efits of the Vail Valley, Johnson:said." : Avon should participate at the same VA and WTCB hope to turri't tiey;_ - level as Vail, whieh tias,more lodging. late-season marketing. plan- inEo and restaurants ~.Gouncilwoman Judy three-year effort, with each .year's_,'~ ~ Yoder said Avon- Iias; already con- budget growing:by $10,000: Howe.v'~'";=. Uibuted marketing funds. to W'I'CB er, Johnson said Avon's contribuGon:~a and asked why more'.moriey is need- this year.does noE.eqaafe to.a'three ed. year commitment. "We don t have enough (funding) a strong tieliever m being self ; for late season and summer market- ,sufficient," Johnson said. THE DFNVER POST Sunday;'fWerCh 2;.9M9 4E6ISLATURE N97 ~ . . ~ . • • • • . • ~ eci t",%7...t bills raise . legislative worrie ; TAX (rom Page 1A f`a aiogle group tGat would bene- state enterprise zone, established eation from its income for tax pur- use, xhich Increg crease the incentive for everyane at Y8 residential properties, " r All of l6ese groups have taken a to encourage redevelopment in poses, 6ut that is much less lucra- to give to food banks and would al• When Pettit reclassitied lhE-!t~ annual i tamiliar path (or those unha Rep. Marilyn Musgrave, a con- ~oooroically disadvantaged areas. tive than the dollartor•dollar re- so make it easier tor her company bl~ as miaed• PDY servative Republican, said her bill Barb Page, dvef tinanclal ofEicer ductions from a tax credit. to receive tax credits. ' legislatots p obpose~laws~whch are (~rdanalioos t f oncrofit8toofor d for Siokesg `1~i~~e e6 tax c~retime- diis page suggested to Compa last "There's a big difference be• agerot 51384, staC e oWners;de cansumin 1 farmers to yeer that it try to recelve enter oo~ pending in the General Assem- banks would eacoura tween a tax deduction and a tax maaded a pubtic headng. ge because the campany must work rise-zooe status. credit," Page said. "That's what ; blp, that would revise Colorado's give unused crops to charity in- With sia or eight agencles and varl- p When Pettit aad the chairni8d ; laa code ta cut their laxes. stead ot ploughing them uader. aus enterprise-wne directors. When Dawnette Newman, Cam• t~s all bails down to." tGe rnunty 6aaM of commisyia • r Siateen bills have been inlra pa s toad acqwsitions manager, re For real estate owners, there's a deoied the 6earing requeal, stqbl dnced ihis year ihat would give tax Stokes Ellis Foods, a regianal fl9ucn easier, Page said, would alized Compa cauld not get such big ditference in taxes depending owners went to their atate rep ; etemp8ons, tax credits or more ta• canned•tood roanutacturer oulside be for Stokes Ellis 0 dispatch status because food banks do nat on whether their property is classi- sentative, Tony Grampsas In Jon i~ eora6le property-taa classi[ica• ~DVQr, inspired the measure be. irucks to a single food bank wilh a meet certain criteMa, she set out to (ied as residential, commercial or uary, he introduced a bill to de! ; tlaoa to small classes o[ organiza• cause of ditticulty it was having large warehouse = such as the change state law and make donors agricultural, which provides lhe properly used for 6arse stable' a 'tians, people or businesses. getting tax credits [ar the $10,000 Campa Food Ministry in Denver. to tood banks eligible for tax cred- lowest tax assessment. agricultural laod," along wit ' 1Loee tax breats would cost the t0 a25,000 worth ot food it gives to But Compa ia not part of an en• its• A triend put her in touch with A ou farms and ranc6es. taal charilies each ear. gr p of horse•slable owners " ~ 0 8 $1J million in losl revenue, ar The com an ca Y ~~~e zone, so Stokes Ellis could M~~'ave, whose measure recently in Jetterson County became irate That chaoge, according to aqes percent of lhe E4.4 billion ia P Y o receive tax nat receive a tax credit for faod do- ~e ~ d~e House and is heatled to ?ast year wheo County A~ cssor Ju- timate by the Colorado Le~islapv laies the alate la projected to col• c~i~, but anl if it donates tood natians. It can receive a tax deduc t0 dy Pettit, tipped of( by a disgrun• lect In 1987-98. That money cennot ~rganizatioos that are part of a tion and deduct the value o( a do- Page said the law would in- tled taxpayer, discovered stables Please see TA~ on ;:be made up easily because the j'; etale rnoatitutian requirea voter i ~ approsal at any tax increase. ° : Bat more than l6e money, what I I; concerns some legislators and tax I~ aeeaciatloav is seeing the General ~ ~ C Aatembly approving a tax break i;depeeding, as Rep. Penn Pfi(tner i ksayt, on "whether somebody ; - - - 'speods ea?ne time and energy and ~ 6as eome tolks down 6ere wM are • ~ able to lob6p tar il" ~ y 07$2 ' JOf~q^ d C~ 7l~dl~~m d! ~dl~ 71 d Ol ODd "We are iecemealin lhe tax ; ti • ~ A 21 w ' ~ ~ ~F >~a~, c> $„aaidRep.StephanieTakis, ~epzsy~ ~~ar,B ~ °~i~ p , a ~ ca w. ~aa~ Q OQ~ ~ 0 ~ ~ « °1 v. F B a w"dE dM A i 6L~0.~ pi9~' i~.~.+ O'Ow pattl 01 d ~ ~ .+pa+ 07=. P'Od7 I ~OAN' 47 1r 'O Ol OI.."C Amora a member of the House y'" ° a o ~ ' P~inamce Committee wha has voted I v y ~ « o ~ '9 p? ~ ~ 01 0 ~ ~ ° ~e ,a ~O~ ° ~ ° Q ~ ~ ~ U a, ~ ~ ao' 8 ° a~ ~ 0. ~ a `0 69 s+ id N 0 G ° ~ c, I d ti o ~ ~a ao ~ ~c a : 9,~ p~.o yp ~ v Q a ~ a ~ ° m a~"i v°, I i eBalnst eig6l o( 10 taa•reduction ~ c`'a ~ o ~ > aQi ~ 1 ~ a 92~. v~, -o o ° a ~ ~ ~ `u~ y W g ~ • ~ ~ ? ~ • y v ~ c uR, a~i v ' ~ CP~Is the committee has con• i ~ °p ~ o ~ V ~ `0 ~ o ~1 000 ~ v ay,oa ~v vm~ro~ap,u E ++a 0'4 vc~. t" • w Ao•~ °o~b~ ~~aoF o ~ co ca~ ~ w d ~~'~A~ isidered."Ihatetousetheterm i.°.~c~~' co. Qa. n mterect, but in man cases " , oa ~ i° b „ - ° ~ ~ ao « o v « c p01 " !s~l Y a°°~l °'B~ a+« ~~~qp ~'8~~~ia ~ ud ~ aq a°°o°«~, ra; p oo.Sv y ; ~ aY owQ ~ ' I w~md ~ ~H~V ~ d9u'9 ai~b,~~v ~ a a m ~6~•,~y1~~M~ ~ y~.~e1Mq~+sa~0 c ~ ,,A ~E1C~RA a~l+~~~tDdl°~O~tlVU A9cdG'~ i ;pou re eecogniaing a certain y Q y u o d m~ ~ ~ ~ n a v~ b Z. ~ , i~~p" i 01 k' C7 ~a OD~ ~9 •o u~ O. a1 m~7 ~ d ~ 7~•~r+ ~ ~ n"i rp ~ ~ l~ g d y A V pp y 6 ~ I l9 Q o~~°, wT~• ~e•.,~,~ at' a+ 0- 'i`° d y ai m y.w d~ 0.9,~ o u~ a, , :Winnen aa~d oosers ~ 8 ~f o ~ m,oo ~ m ~ ~ B. ~ ~S ~ P(itfuer, a Republican who be• . ~ ~ o y3 ~ ~ ~ , ~ a ~ ~ ' ~ « ~ ~ y % , , ~ ' ° a 07 ~ . Ueea etmngly in lhe [ree martet, a$ ~ U ` ~ ~ ~ ~ , ~ '~called that 6e " got elected say ,o E ~u ~-';lOgBdldORbelievegovernment ~~~°~~~@l$bR~6Q °ff~~'~~~~~~~~°~~.~~:~~H~~~6d~~~.9'~°~~'W~S ~~V'~~ R al~ould be choaeing winners and los= ; . . . . _ _ . . ' _ _ . i~ i~ ~ ~tlig tat ~ h h 49 Pta~ ~1 ~ :9rom the S petcent stale sales tax . 39 of them enacted in the last EO '9eara 7'hey are worth a tatal o( .8394 millioq which represenls one ~:thitd o[ erhat the state coliecfs ao- j lauall' ln sales teaes. Eaemptions for store-bought . :ieod, preacrtption drugs and resi• , 'dentlal heat, light and power ~amounl ta $217 million of the total. ~ i. . Vail Onsiders.. ~ . . . ake oid . , . _ . . . . . , . _ . _ . out of . ;:..e;. • By Jim Carrier ' Denver Post Staff Writer When the bell rang at the New ork Stock_ ~ Exchange on the morning of Feb. 3, Colora=~ ~ do's most famous ski resort appeared to be at its peak. After years of maturing, filling'out~'~ its terrain, bettering, then gobbling, its biggesti " ~ competitors, Vail Resorts marched down Wall Street with a reputation for turning snow into;;:::: ~ gold. _ . _ . As Vail went from a private to public com-;, ...f ' pany, its prospectus to se1112 million share&of+-;-- , stock promised more to come - more skiers;',:, ~ more nonskiers and way`s to extract more in-;;;- [ come from each of them. { The document, required by federal law, aLso:: j revealed another Vail, a classic rich-get-rich-~ er story with roots in the junk-bond excesses; ~ ~ of the 1980s. Insiders profited first, and less;;:i.:! than half of the money raised went into'the. resort. . 7- . ' ; This rare view inside}.Vail also prov' , ed,ai~~ . . . . . . . ~ ~ ~ ai~,~ . . . . . . I . ' . . Please see bAIL on . . . _ . - . . • . - - - . . , = = . . . . - . , . , . . . . - . . ~ ~ ~ 22A** THE DENVER POST Sunda , March 1997 ~ n. 0 Q _ ~sG ~ , • , StOPL7 "~ier ~~E ~ g!rortend~ MO~Y ip in ~ ~ ~ ' • ~ . . -m0re,IlOI1Sk 11I1~ Il ~ terpr1SeS VAIL from Page 1A ersteon Black:and Carl Icahn, and former In candor intended for prospective chairman George Gillett. An additional 14 stockholders, Vail Resorts spells out how it d ~ _window into the future of the ski industry officers and directors held stock options expects to make.more money. , i~and Colorado's resort communities, one 'wort6 $46 million, a$21 million windfall at 9 It plans to build 4,400 homes, includ- . i;that porteads more million-dollar homes Friday's stock price. The options cannot be ing development of 700 acres at Keystone ' ' a}ctng goif courses,:more nonskiing "enter- sold for six months. and Breckenridge, which it just acquired. tainment,° company-run retail shops and About E68 million'of the sale paid off a Last week it optioned land for a golf Black Icahn Gillett 'Daly ot plans to raise "effective ticket prlces" to high-interest debt, leaving the company course in Wolcott. It also plans to own ;;oi; .fN,10 the bottom line. with only 40 percent debt. The remaining more hotels, theme restaurants and retail ~;r In a state where skiing Is still thought of $31 miUion is for general "corporate needs. shops beyond the four hotels and 1,400 con- On Feb. 3, when Vail became a price of $20 and Continued emplqy~,, y q g public stock company, a small ment until October, their profi ' !asanuch as a 9port as a business, a compa- "You alwa s ask the uestion, 'If this is dominiums it mana es now. S Iny famous for iks guest relations opened a such a ood deal, wh are the insiders bail- "We intend to be a minor layer in these 9roup of Vail inslders made millions would be: • • ~~.r ,anew office - investor relations. And the ing ou g"' Smith sa~d. "We're nut talking businesses," Aron said. p of dollars. At $22 per share, their E ,4ndrew Dely, Vail's president;li prue ot "MTN," Vail's moniker on the about a group that is in the ski industry N Vail "captures" less than 20 percent gross receipts were: $4.3 million. f;~; ck eachange, became as closely forever. It's a financial play. This smells a of total visitor spending, and it hopes to E Ap011o Ski Partners led by Leon ¦ Thomas Lee d direCtOr and ir'I~`~ • watched as snow depth. lot more like the 'SOs than it does the '90s.'' grab more. Revenue per skier day now BlaCk of New York, $64.4 mil lion. vestment adviSer,~ $2.6 milli0n. . Is, By anq measure, Vail. Resorts, now Vail.'s chairman, Adam Aron, calls such stands at $62. Breckenridge and Keystone ApollO Still ownS all CIBSS A Com- ¦ Ken4 Afleyer3, the Senior viC2°" ~'itketching from Keystone to Beaver Creek, comments "cute" but notes that Black's also underperform Vail on income from mon stoCk, worth $233 milli0n, and president who has run the S~Pd I is;a mighty indiistry - ~ombined skiers of Apollo Partners retains more than 30 per- . lessons, lunches and condo rentals. Controls two-thirds of the boafd. mountain, $2.4 milli0n. ~ Co.4million per winter, 35 percent of Colora- cent of VaiPs shares. °That represents sig- "You'll have a revolt if you,start Vail-iz- M Meadow Walk Limited Partner- ¦ Gereld Flynn, a Vail seni0r viC du.,:s ski business. It is a cash machine pra nificant confidence in our future." ing Summit County," said one ski execu- ship, a Carl Icahn group, Mount Kis- resident, $2.4 million. ~ ~ing $88 million a year. But some in the Vail Valley wonder if tive familiar with the merger. P ~.••~,t T6ere's no other ski resort in the world going public will change the company. "We do not intend to homogenize the Co, N. Y $59.6 million. ¦ Christopher Rymen, Veil'•~c~ t~tat competes with Vail," said William "We don't know what these guys from four resorts," Aron said. ¦ George Gillett Jr., former chair- chief operating officer, $1.9 million,*, ~Sptith, president of Renaissance Capital New York think," said Pepi Gramsham- ¦ While Vail's top daily ticket is $52, its man, Vail, $32.1 million. ¦ Jim Thompson, president of its''% ~p, a Connecticut research firm that mer, longtime independent Vail hotel own- "effective tieket price" because of dis- For eight Vail direCtors and offi- real estate division, $1.1 milli0n. r8tes stock offerings. "Just look at the er. "They have fingers in lots more things counting is $31.23, compared with Breck- Cers, stoCk options beCame worth ¦ James Aflendel, general couril; • . They have a virtual monopoly on the than they had before. They're buying up enridge's and Keystone's $24.23. According $46.8 million. The options date baCk Sel, $1.1 milli0n. '.•'t•' V^, dor out of Denver. businesses. We have to compete against to the prospectus, "a substantial opportu- to 1993 with priCes as (Ow as $6.85 ¦ Edwerd O'Brien, Chief finenCi21nt . They have a tremendous marketing these guys. Down the line iYs going to get nity to increase ticket yield" exists. per share. They CBnnot sell them fOr OffiCer Of Vaif's real eState arrTl;7, Bram. They have new capital. Vail tougher for us all. They are the big guys." Sources say that could mean an end to six months. Assuming a m8rket $111,000. agement has certainly been able to get Last year, for the first time in its 35- the discounts, but Aron said, "We absolute- ' ry tugh revenue per skier day, compar- year history, Vail made more money as a ly understand that the Front Range is o anyplace else in the country. We rank real estate broker and burger vendor than price sensitive. We need to keep skiing af- , `company favorably," Smith said. as a groomer of packed powder, and that fordable." ' $5,000 pledges from 21 men in nine states. By 1988, when Vail became the tii ~ est et Vail's stock has drifted below its side of the business will produce the fast- Vail has always entwined skier and in- Founder Pete Siebert's coup was getting ski resort in America, the comp ny'~'d , 'ning price of E22, closing Friday at est-growing revenue stream. With a gin g vestor dreams. Scra ped from s heep a U.S. Forest Service permit for 7,700 passed from Siebert to the Bass f milj!,bt •87• demographics, and only 2 percent more ranches purchased in the late '50s under acres of land, later expanded to 12,500 Texas to George Gillett, a meatpa kerra 'd ;y f$266 million raised, $146 million skiers than a decade ago, this "ski" indus- the cover name, "Transmontane Rod and acres. Vail pays the U.S. government $3 !r.,` • ~e~t to three insiders, famous junk-bond- try must go off slope for growth. Gun Club," Vail opened in 1962, with million a year for the land. Please see VAIL on'23A . y,.~;,~.._... \ . . ~ eeR~ ~ ,,:,,~,t.: . , , . ~ ~ ~ . y.. ~ : ~ ''Sunda ; March 2, 1997 ~ ~ " • ~ _ - ' THE "DENVER POST - ~;,~~aQ , ' , ~ ~ ~r a$ o.,,.i; . o. 6 0 0 t ~ ~ . ~ ~ ~~~.1~~~ S ~~.S _ ~ : _ , . : , . t S ~1.51 ~S~ ~ - - ~ _ . AIL from Page 22A , agement," has been good for Vail;~ five year's. , ` . ~ • investing miliions in visitor ser- ; ~As Vail went public, the shape of ~al~ ~~SO~as growth strategy ~ ~ ~ ~ ~ ~ ~ b oadcast entrepreneur. He paid vices. The resort's expansion into the future appeared in the valley. ~ 5~30 million for Vail but had com- back bowls wiil begin this summer. pdvenCure Ridge was built. within Vail's.plans for making more money at its sprawling mountain resorts are delailed in its stock prospectus:n p ed more than $1 billion of junk• Black also readied the company sight of the Eagle's Nest Wilder- y; b~nd deht buying TV stations. for the stock sale. • ness with sleddin , ice skatin and L' ~ Some o['his bonds, arrenged by Apollo's Vail dealings also hade snowmobile ridesg g J~~ Vail ~ x x s'~~ ~?€~s+ ~a r ~ ~ u,..~,,;;,..,~ w~~, s~ ~i . ,.~~:~,j~~ ael Burnham Lamberf, paid in- been good for Black, ' ~ ~ x~+ i "IYs not a roller coaster ride, • fa~~~~ More skiers at Category III back ~~~U t test as;high'as 17.5 percent. In the year leading up to the pub= and~ it never will be," Aron said of ~~~f ~ bowls, a 50 percent mcrease in Beaver Creelc , , . 1 illett~moved Vail full-speed in- lic offering,` he paid himself and the criticism that he was building a ~ • Y„ skiable acreage. ~ Increase to 140,000 square f~at~ , r' ( to real estate ~ development. He other stockholders $50 million out Disneyland on public land. E~~, ' y ~ Capture more dollars from from 86,500 retail and restaurarat~ : bought Arrowtiead, a small ski ar- of real estate proceeds to recou p Vail also optioned land in Wol- b~''~ ~ p~~m desiination guests, currently only ~ space owned by company. '.a ea with a golf course and hundreds their original investment. He split cott for a new golf course, the lOth 20 percent of total spent. p Develo ' o[ ~developatile acres, and began the stock 2•for-1. He bought Breck- pment of 574 acres w~Fi ` in the valle . BreCkenridge p Nonskier attractions - ice skatin , ! b~ilding.at $eaver Creek. After enridge and Keystone, using stock Y 9 1,144 residential units at ~ years of oil-bust slumber, a Denver to pay for it. "One reason is the lots they are ~ Develop 295 acres of homes sledding, evening snowmobile tours Arrowhead, Bachelor Gulch arxH sellin for and commercial at Adventure Ridge. Beaver Creek Villa P~st headline spoke of "lnvestors Then on Feb. 3, he sold his com- 8 $1 million have no golf 98• development. O Five new themed restaurants, ~4~~ pouring millions into once-drowsy mon stoek for $64.4 million. He al- Privileges," said Jerry Jones, a de- ~ e Price increases. f ~ V~il Valley." . . so created another class of stock veloper and former Vail executive. 0 Raise "effective ticket prices" 2~.000 square feet add'Rional space t . Gillett's other empire, mean- that only Apollo holds, worth $238 "Arrowhead, where I live, is more Trom $2423 toward Vail's , m More private membership clubs SY~;;;~~~ ~ r • w~ile, was souring, and he filed for million, that controls 35 percent of of a golf community than a ski $31.23. p Licensing the Vail name to r~`i ~ b~pkruptcy in I992. Drexel was in the company and. two-thirds of the community." Golf inemberstiips O Increase ski school revenues Corporate sponsors and clothing ` tafters~as' well after its junk-bond board of directors. Black more run around $55,000. from $9.3 million toward Vail's line , ' r king, Michael Milken, was convict- than doubled, if not tripled, his in-. °The industry is trying like crazy $24 million. ~ ~t ~ j ~ ed`of securities violations. One of vestment in Vail. to figure out ways to diversify and ~ Expand food sales from $1.65 a~ ~ 9 u" ~ Drexel's mergers and acquisition That same day, more than 2 mil- not rely as much on strapping on per skier toward Vail's $5.42 • esecutives, Leon Black, set up his lion stock options awarded to key skis or snowboards and going up ~ One lift ticket for all four o~'`" i6 own company, Apollo Capital, with executives since 1993 suddenl had and down the hill," said Bruce Hut- ~ F[ench bank backing, and he began a market price of $46.8 million. ton, a professor of marketing at resorts. Frequent-skier ~ ~ rewards 70, ' ~ ~ Q . ~ • ~ bu m defaulted bonds for cents on This deferred compensation with a the University of Denver. "All of ~ ~ , ~ 4 a dollar. In one.pile.was a piece of net worth of more than $10 million ' the demographics show the ones a ~ . ~ t 9' ~ with mone a ~ ~ ~ ~ , ~ # 4 ~ ~ ~ ~ ~ S ~a k~. Gillett Holdin gs. cos t t he company no t hing. y re skiing fewer days. ° ~ f° ~ A, • With Gillett over a barrel, Black °ThaYs the basic wa Aron ar ues that skier numbers . ~rk ft. ~ y you expect W i l l r i s e a a i n a s t h e c h i l d r e n o f ~ ~ ' t o o k c o n t r o l o f V a i l i n w h a t t h e t hese t hings to go, use o t her peo- B ~r,~/ 1i, 3~» W a l l S t r e e t J o u r n a l c a ll e d a n " au- p le's money to pay yourse l f bac k,° b a b y b o o m e r s t a k e up t he spor t ' (~`lil~,'~,~'~v ~'a~,j~ PCeystone dacious" move. Black's actual cost said an attorney familiar with the and bring their parents back. m` ~ ~ Development of six "neighborhoods" on ~ k , closely guarded secret, but es• transactioa It doesn't look like a growth ~ 400 acres, a total of 4,600 new homes and ftimates range between E40 million To run the new Vail Resort, business," countered a former Vail i~ e~~ 382,000 square feet of commercial space. ;,$100 million for a resort val- Black hired Adam Aron as CEO, executive who asked for anonymr i ~ . • g ~ ~ • More destination skiets. i p ',at the time at E300 million, paying him $560,000 plus a ty. He said there are three ways to ' • More snowboarders, faster lifts. rt Icahn's Meadow Walk Limited $250,000 bonus, 37,500 shares and squeeze more money out of four ~ y~rtnership, which held Gillett use of a$1.5 million house. Presi- mountains: Bring in more people, w;x , ' ~ Combined markefing and reservations with nds, goYshares as well. dent Andrew Daly will be paid raise prices or cut costs. ~ Breckenridge and Vail/Beaver Creek. ~s iF A~By all accounts Apollo, which re- $350,000 plus options on 100,000 °They're the kings of a flat busi- ~ V^`$ ~o° 6 ~ +:,cerved $500,000 a year for "man- more shares of stock over the next ness." ~ 4° Th9 Denver Post -~.,~t<s.._ . . . . - .'M k . ~ ~ ~ ~ y ~S~ p ~P N ~ ~ ' ~ ~~aa~.~, ~ ~`E ~ ~w~~.; ~f s~,t~ ' r "3 a.~l , . . $ x~zfr~ ; sP`~~ ~ ~ . . „ ~ . j~~ . ~ : ; g ~ta ~ ~ ; . ~ ~s~"§~ , - r s . : ' & s~ ~ i~~~~'. .'E M i~p. ~r a~%~ r. ,n ~ ~ i . ~P~~' 4,:'i '.'x'~ ~ ~ya., ~ ~ ~ . 'i" . 9G ~e.. ~ y#'~ _5~~.. ~ t ' ~ ~ ~,s. ~ ~ ~ a~~, ~,~a,~, ; , . ~s ` ~ '9~= ~ ~ _ . . _ . _ . . . . . _ . . - • : 4 p.eei1 _ a t ax.. , . . . CIA~ . . .:..M . _ . . : . ; rai n 9,wornes. : Bills,6cerrieat tax code9' foe sa. s , -.1E61S9.ATURE s ~ . .By 7'homas frank Denver Post Capitol Bureau ' -When coin dealers'in Colocado waated their . merchandise to be exempt. from the. state ~ --sales tag, they hired a lobbyist who sought , - help this year from a state senator with a seat on legislative committees that consider, tas matters. : Rihen the 22 biotechnology firms ii? Colora- ~ do decided that.they needed.a tag'break to > . help..theu industry espand; a business lobby- ing group contacted one.of'the most powerful ' state representatives,in the state legislafure, ~ ¦ INSIpEs A who was -also interested'in such tas egemp- : roundup of the , tions. , . tax-break bilis And after the Woodmen of the World-and in the Colorado the We'stera Slavonic Association, two frater- , Legislature this . nal-benefit societies that sell.insurance, Iost ' year: the pro- posat, the ex- their egemptions from paying sales, tag in,•a ` pected impact c0urt rdling; their'lobbyist'called"a' legislator ~ on;revenue, who had not reached his annual bill ~limit' and ~ arO any action was still free to introdue~' legislation. taken. /25A ~tia • ease see T~,X on 24A ~ ~.L - _ . _ ' . • _ ' - . - . - . _ . .,---r _ - - v .r:: - gbfMaP.eh,2;.1997 . _ ^ -THE IJF.N\ LEGISLATURE 197 P r r . , - ~f ~OPOSE~ sIN GE~ ~ 1997 - ~i`''~ • ° Gost state: 1 7 miilion:in 199 -00. ~~~03 9~:.~onsc:p:~Andy.McElhany. Purpose: Give in= -House., : Status: Passed: WOme.,:t4.,1* , dit•,;to corporations that donate -high-tech. "~DfoPemt.to,euoation,institutions. Revenue: Unspecified Hg ~1242. Sponsor ogreyenue,loss~:t0,5tate. Status: Defeated in House com- Barry Arrington. Purpose: Asks rtf'rttee, • -~r•~.: ; . . . , . voters to apProve cuttin school Pro 9 PQrtY tax miil levy by B 9' ^ I:'~ • ; ` r• • ..25' percent, and raising state income tax rate by 0.25 Sponaor..Steve Johnson. Purpoae: Add -fra- .rcent in 1998 and 0.25 percent in 1999 to make up for ma( bene.fit ;bcf6ties to.list bf charitable organizations lost revenue: Revenue: Generate $225 million for state q4 sLits`)ect'to'statg'sales tax. Redenue: Cost state les's ift 1998=99, $325 million in 1999. Status:. D ~ 320;Ci0a a year''Seatus: Passed House. House.committee. efeated in 9 • . . ; . . nt~ HB 9,057: $gonsqr~ Tony..Grampsas.Purpose:l Ex-`...R H6-9294:'Sponsor.Dan Grossman. Purpose: Exempt ' q19!RPt: frpm sa!$s,tax all purchases of tangible personal 381es `end purchases,of recycled paper from sates 4ax: q foqPe7' ut7o !4y biotechnology. firms. Revenue: Cost state: "'Rede°0e' COSt state $~7,860 in 199&99. Status: De- ~q~tus; assed House.` - feated:at _ Jla~ . e ye,ar:r. . P ~ H~ 908~. Sponsor.~rry.Schwarz. request of.sponsor. Puepose: Phasein. lN SB 3• Sponsor Ken'Arnold.' Purpose: Allow truck V 1,11p,,T0 g9 exemption of property tax on.business person- °~'^ersito:pay registrationfees and ownership taxes in pe lnstallments instead of throu h annual a ments. Reve- ss M school ee4e ueBRevenue rCost state $8.2 mpl'o~n . nue: Generate $45,250 a year for statepstartup costs of: ~-2000-01; $16 million in 2001-02. Status: Pending iri •`$251.156 to state. Status: Pending in Senate. . ~~iousAi~'; - • - = : . • °M gB 22. , Sponsoe: ~Doug Linkhart. Purpobe: Albws, -HB 9097. Sponsor Steve Tool. Puepo~e: Give enter- state income tax credit of 10 percent. Cost state of in- rise zone income tax credits to all businesses that em- ~estment in school-to-work programs. Revenue: Cost p7oy people'in'ColoFado;- sell at leasf 75 percent of proii=~`state $214,500 in,199&99..Status: average local wage .Pending,in Senate. ucts outside the state and pay employees above ¦ SB 23. Sponsor Ken Arnold. Purpose: Cut state in- . Revenue: Unspecified . revenue loss come tax from 5 percent of federal taxable income to 4 to state. SQa4us: Defeated in House committee. percent. Revenue: Cost state $600 million in 1 gg7_gg, ~ P9~ 9902:•$ponsor.Tony Grampsas. Purpose: Define. Status: Defeated in Senate committee. horse stables•as agiicultural property, giving them lower ¦ SB 45. Sponsor Ben Alexander. Purpose: Exempts • - assessments and lower taxes. Revenue: Cost local gov- from state income tax interest on college tuition savings emments at least $300,000 a year. Status: Defeated in, fund. Revenue: Unspecified revenue loss. Status: Pas- House committee. sed Senate. ER F0B 9990. Sponsor. Doug Lamborn. Purpose: In- 9 SB 65. Sponsor. Dick Mutzebaugh. Purpose: Bar la crease from $20,000 to $25,000 amount of pension and cal governments from levying sales tax on food bought annuity income that people over age 65 may deduct for home consumption. Revenue: Cost Iocai govern- from income for state taxes. Revenue: Cost state $17 ments $98.8 million per year. Status: Defeated ln Senate million a year. SYaeus: Passed House. , committee. 01 HB 9952. Sponsor. Shirleen Tucker. Purpose: Allow N SB 68. Sponsor. Gloria Tanner. Purpose: Give $500 income tax credit of 10 percent of expenses for busi- tax credit to full-time year-round child-care employees; nesses hiring high school students in school-to-work $250 tax credit to child-care employees working at least- Qrograms. (Credit nbw given only to businesses employ- : six months. Revenue: Cost state $10.8 million in . ing students to work`in enterprise zones: Revenue: Cost 1997•98: Status: Pending in.Senate. state $152,210 a year in revenue. Status: Passed House. N SB 76. Sponsor. Bill Schroeder. Purpose: Ask voters . 2 F9B 9959. Sponsor Tambor Williams. Purpose: Lower ; I ons Re enue: Cost state $189,643 n~ 1999 00 Statug': unemployment tax on businesses from 2.7 percent for Pending in Senate. first three years to 1 percent for first year (after prelimi- . nary period, tax is calculated based on experience with N SB 92. Sponsor: Don Ament. Purpose: Expand deflni- ' unemployment claims). Revenue: Increase state tax rev- tion of "livestock" for sales-tax exemption to include . enues by $1.8 million in 1998-99, decrease Unemploy- - cattle, horses, mules, burros, sheep, lamb, poultry ; ment Insurance Tnist Fund - by $38 million 1998-99. Sta- swine, ostrich, alpaca and goats regardless of use. Rev 4us: Passed House. enue: minimal loss in state revenue. Status: Passed m WB 9292. Sponsor Marcy AAorrison. Purpose: Give Senate. tax credft to people with dependent children age 3 or 0 SB 923. Sponsor. Gioria Tanner. Purpose: Give in- younger. (Credit $500 for eople with income $25,000 or come-tax credit of 25 percent of donation to nonprofit less; $300 for incomes 25,001-$35,000; $200 for in- organization tor use in helping welfare recipients be- comes $35,001-$45,000). Revenue: Cost state $27 mi~. come seif-sufficient. Revenue: Unspecifed revenue loss lion in 1997-98. Sta4us: Pending in House. to state. Status: Pending in Senate. E P{B 9229. Sponsor Phil Pankey. Puepose: Lower state 61 SB 124. Sponsor Sally Fiopper. Purpose: Requires income tax from 5 percent of federal taxable income to county assessors to assess residential property located. . `P 4'h percent. 6tevenue: Cost state $320 million in in a limited gaming district according to actual use, (f not 'rt 1997-98. S4a4us: Defeated in House committee. used for gaming. Revenue: Unspecified loss to Gilpin IN P4B 9239. Sponsor Marilyn Musgrave. Purpose: Pro-, , and Teller counties. Status: Passed Senate. . bf vide income tax credit for donations of food to nonprofit E SB 943. Sponsor Bill Schroeder. Purpose: Bar gbv- organizations that give food to the needy. Revenue: Un- ernment entities from taxing telecommunication, provfd- fied loss to state. Sta4us: Passed House. ers based on the amount of data or voice traffic or the speci number of times a user connects with the Internet. Rev- 0 HB 1236. Sponsor. Doug Lamborn. Purpose: Asks enue: No fiscal impact. Status: Defeated in Senate. voters to approve lowering state income tax from 5 per- source: rhe Denver Post. Esrimares on ievenve Impacrs or tne ' cent of federal taxable income to 43Ya percent. Revenue: bills are prov_ided by the Colorado Legis/aHve;~~^oyncil stalff. Town of Vail Employee IVewsletter 1Vlarch, 1997 Issue a . , / WO sFROM BOBwill not come immediately. We estimate that this $3 million provided by the State will not be MEMORANDUM received by the Town until the year 2003. TO: TOV Employees Therefore, in order for the project to move FROM: Bob McLaurin forward, itwilt be necessary to revise our capital DATE: February 28, 1997 projects program. As we move into spring, I wanted to update you on We are at this time working to revise the TOV . the TOV capital improvements program and its project list to accommodate canstruction _ of relationship to our long range financial planning. VVest Vail during the 1997 construction season. At this point it appears we need to free up The Town's top capital priority this year is the approximatefy $4 million. This can be reconstruction of the West Vail Interchange which accomplished by deferring the Lionsridge Loop is estimated to be $5.5 million. The existing layout street project and reducing a portion of the of this interchange creates safety hazards, housing budget, or by borrowing a portion of the inconveniences and adversely affects businesses fund batance, or a combination of the two. This in this area. As you are probably aware, the plans "loan" would be repaid by CDOT pursuant to an call for the construction of a roundabout on either intergovernmental agreement with them. side of I-70. Although the design is complete, there are a series of issues which must be resolved The decision whether to proceed with this before the project can move forward. The first project will be made by the Town Council next involves right-of-way acquisition. Because the Tuesday. Regardless of the Council's decision, interstate right-of-way narrows at West Vail, it is I want to emphasize the VUest Vail project in no necessary to acquire approximately four parcels of way affects our operations budget. It is also right-of-way in orderto constructthese roundabouts. Mot'e 1voids fi-om Bob cotzt'd oti page 8... Secondly, we need to obtain permits from the Corp SA ~...,~,~~~,v~V::`*- of Engineers to build a new bridge over Gore > Creek, and we need final approval from Colorado TH~ A4RD' 0:ES De artment of Trans r p po tation (CDOT) and the T'E'RRyKAi, : . ~ , , Federal Highway Administration. 7'he;fo.ldowuzg Wcas a hra.,ard brought up bV The most important issue involves funding. The c°r1cer.ned emplovee. CDOT has agreed to fund half of this project, up to At ;the top qf the TRC, there are sk~ racks f.or.: $3 million. Unfortunately, the funding from CDOT People:waiting;toboardtheoufilyuagroutes Terry Hall. felt that::the ends of :the 5ki rackS wer~; a: potential hazard becat~se ~orneone eoul.d zrnpa~l; himllicrself on the ezids of the racks Thts sit~aa : tion has been z-eme( ied (tkianks, ta Manual. azid'; Albert) by iiuning the ends.;of the: racks ;in a ciif ferent ciirection, and therefore eLzninabng the< possibility of cnjury Tbe: Safety: Department: would like tv fhank: Department News Page 2,,6 Terry Haitfor lus awareness of a paten~iil safetjl' Recognition letters Page 4,6,7 hazard and #he;foresight to bnng i:t to our atten ; Employee spotlight Page 5 tion before someone was hurt Uood }Qb9 ~E'.I~y; March birthdays Page 5 t~~s~ We encauzage all emplvyees to bztng; Pat's on the back Page 3, 5 safety cancerns to vur attention Pl~ased~rect a~ll: concems #o Susie Cornbs at` ext 2!1 I 4 ' 1 March, 1997 Issue Town of Vail Employee Newsletter ~ DEPARTMENT NEWS... ADMINISTRATIVE SERVICES: Need something to do for spring break? Come Congratulations to Suzanne Silverthorne who just to the Library for a craft workshop to include: passed her "board". She is now fully accredited in playdough, clay, goop, and other tactile things the public relations profession. The test that was We can get our hands into... Come explore the taken in October consisted of an oral and written earth. Enjoy a hands on approach to touch. exam to measure knowledge of public relations practice, communications theory, management Vail Public Library scicnce, eithics and general understanding of the SPRING WORKSHOP . PR profession. In the 33 years of this accredita- Friday, March 21, 1997 . . tion program, only 5,000 members have received 11:00 - 2:00pm the APR designation across the country. FREE! PUBLIC WORKS: For details, ca11479-2186 PW recieved their TCO at the PWshop. For those that don't already know, here are some of the im- The Library's display for the next few weeks provements made: honors women and explores the diversities of 1. Bus barn enlarged womanhood. Come check out our insightful 2. New welding bay with overhead crane and intriguing collection of books on women's 3. Enlarged paint booth issues. 4. New autobody prep area 5. New chassis wash bay POLICE DEPARTMENT: 6. New bus driver breakroom area 7. New "brushless" vehicle wash Mark Allen and Jim Applegate recently com- 8. New state of thc art fuel system pleted a marathon in Las Vegas. Ex-Vail Police (with card readerand underground tanks) Officcr Todd Stoney, now a motorcycle Patrol Plus improved lighting, ventilation, heating and Officer in Santa Barbara, met Allen and Apple- sprinkling systems. gate in Vegas. Stoney ran a leg in the relay In thc ncar future, PW will be hosting training marathon. The sunny 65 degree weather was sessions on the ncw vehiclc wash for thc rest of the not too tough to handle! Mark's wife, Susie, 7'own departmcnts. also ran a half-marathon, her first! . It's not over yet though! Look to see employee housing construction to start this summcr somc- Congratulations to Officer Brad Baldwin who timc. became a grandfather on February 22! It will truly bc "mud" season for awhilc until wc get asphalt down early this summer. COMMUNITY DEVELOPMENT: Susan Connclly and Russ Forrest have been BUS DEPAR'p'MENT: asked to spcak (on different topics) at the The bus department has formed a"Bus Barn National American Planning Association Safery Committee." The committee membcrs con- . Conference. sist of Layana Doster, Mark Kosmos, Cindy Van The Town of Vail and the US Forest Service Hoose-Sorensen, John Sheehan, Benita Mathies, have completed the Land Exchange. "Show me Bert Hauscr, and Sherry Rollins. thc moncy!!!" stated Steve Thompson. The purpose of this committee will be to do pcriodic safety inspections of the bus barn, fix any safcty hazards they may find, report any unsafe More department news cont'd on page 4... conditions, and basically be the eyes in the barn. 2 Town of Vail Employee Newsletter 1Vlarch, 1997 Issue ; NEW EMPLOYEESooo CO-VVORKEIZ°S GIVING ` F"::~1' ~:3;~ . >:'4:. Og HER CO°WOR11ER'S t1 PAT oN TxE BAcK R ~eco~•mz e demP1 ovee: Fuc DcPartm ent . S ' ubmitted b v: Michael R Yan Description of good deed: To all of the employees The Police Department would like to welcome of the Vail Fire Department, thank you for molding Tim Maestas to the team. Tim moved here from me into the person and firefighter I am today. l Louisville and has Iived in Vail for 6 months. He appreciate all the help and the patience you had witti is single and enjoys snowboarding, hiking, fish- me. I promise to visit, although you might not want l~ichael R ing, mountain biking and anything that involves it. Thank You ve~' much, yan. fun. He is an ex-Eagle County Trooper. Recoiznized emplovee: Bus Department Congratulations to Dave E?ch, a former resident Submitted bv: Susie Combs of the Vail Fire Department, who is now a full Description of good deed: During the month of time fire fighter. He is orginially from Nebraska January, the bus department has reduced the and has lived in the Vail Valley for 15 years. He is number of bus accidents from 13 in December down single and enjoys golfing, football and hunting. to 31n January! They have been attending monthly Wclcome to the team, Dave! safety meetings at which time them come up with . preventative measures to eliminate accidents from yu oo u occurring again. This seems to be working! Thanks here .were. 73 TOV employees ihat were eith for bcing such a great group of people to work with. ertified for the first time or were recertified ' I really appreciate all ofyour hard work and dedi- PR. The CPR.elass :taught adult, child an cation to continuous improvement! nfant CPR. For those. of you that did ge ertified, stop by SusieCombs' office to pick u Recognized cmplovee: Gene Antrom, bus driver our "CPR Certified" pin to display proudly. Submitted bv: Kevin Foley, Council Member ~~~RT.. Description of good deed: Gene lingered at the Tlte Jollotiviiig is a trire slnr-t~ lhat occtu•ed otst at Village ]nn stop to allow a family with rental skis and yaung children to get on for Lionshead. After . PIlI7I[c Works last moiztlt: doing so, a passenger said how come you don't have Lconard Sandoval was welding (while wcaring his a tip cup and Gene said that they aren't allowed to prescription safety lenses and a face shield) when accept tips. I-Ie couldn't accept a tip but he does a very hot piece of inetal flew up undcr his face aeserve an atta-boy for good customer service! shield, ricocheting off of his face shield, and hit- ting his safcty prescription glasses. Thc objcct hit hi5 glasses with such force that it caused the glasses Mom Pat's on the back cont'd on page 5... to get pitted. He took his glasses to Vail Vision to get the lens ins ected and it was determined th P e N~~:I~IRES lens was no longer safe to wear. The Dr. said that if it wasn't for the safery lenses Leonard was wear- ' Plattie ing, the glasses would have shattered causing ex- ~ob title/Dep~t'tmetl~: . tensive damage to his eyes. Let this be a lesson to Dave Eich: Fire Fighter ' all of us to wear our safery glasses. Thanks for ' sharing this story with your fellow co-workcrs, Leonard! Tum:Maestas 3 March, 1997 Issue Town of Vail Employee Newsletter . Recognition letters... The fallowing:~0mployees receided $10 bonus POLICE DEPARTMENT: Voachers Dear Chief: Lon Aker ' Kelly 1VIcRae . I am writing to commend two (2) of your Chris Andersan 1Vlanuel;Medina officers and request this letter be entered into their ~anirie Bender Abel Meduia ` respective files. Offcers Mike Trindle and itustv Susan Boyd Greg Raile Jacobs, on duty on the evening of 2/2/97, went Claudia Datii Bob R~ggle xj:x well beyond their assigned duty to assist me. Don Eltermazi (2) Tony Tri,nllo The following is a brief account of what Lionel Espinoza (3) Liz Vtjebster transpired: Russ:F'arrest Kathlee~i Wuifielci , 1 j Due to a snowstorm, 1 exited into your ChuGk House city to park and await the storm to subside. l~lalter ~ngra,m ' ' 2) Seeking directions at the local Amoco grestein 1som station, I was told to proceed down the road Mike Knox approximately one (1) mile, turn around, proceed Matt Luadvall under the overpass, and park at Safeway. (1 was .1a 6- que Lavat~ < driving an 18 whcel semi.) Albert Maes , 3) Following these instructions, I came into Hotl : MeCutcheori a small skiing village and roads covered in pure Departmertt news conl'd from page 2... ice. Both Officers Mike and Rustv spent the bet- ter part of 3 1/2 hours and numerous "Grit Trucks" FIRE DEPARTMENT: trying to extricate me from my plight. 4) Through their porfessionalism and Assistant Chief, John Gulick, successfully com- dctermination, we were finally ablc to frec thc plctcd the Exccutive Fire Officer Program at the vehicle and locate it in a safe place till the stonn National Fire Academy (NFA) in Emmitsbutg, MD. subsided. According to Dr. Dennis ONieal, Superintendent 1 can only presume their conduct is a result of of the NFA, "This intensive executive level the training you instill in your Departmcnt and will program is dcsigned to provide senior fire officers be forever grateful for their as5istance. Pleasc with a broad perspective on various facets of fire contact me if 1 may provide any further administration. This program provides fire information regarding this event. officers with the expertise they need to suceed in Again, thank you to Officers' Mike and Rustv today's challenging environment." Each of the and your Department. courses requried a written research project to Rick Pitcher demonstrate application of course theory and conccpts to rcal life situations within the student's Dear Chief, own organization. Each project was evaluated and I just wanted to take this opportunity to com- must havc received a passing grade to progress on mend two of your officers, John Dodson and Mike to the next course. The required 4-year sequence Knox. They went above and beyond their call of of courses are: Executive Development, duty whe? helping me rescue my girlfricnd from Executive Analysis of Fire Service Organizations adomestic abuse situation in East Vail. 1'm not sure in Emergency Management, Strategic Analysis of what would have happencd without thcir concern Community Risk Reduction, and Executive and support. Your entire staff was wondcrful to Leadership. John says he owes a thank you to the us. Keep up the great work. staff at the VFD who supported him and helped Sincerely, him get though this program. He also hopes to (Name withheld) continue utilizing this information to enhance the Mor•e f•ecogitilion letters coril'd ort page b... VFD's management of operations in the field. More department news cont'd on page 6... 4 ~ Town of Vail Employee Newsletter March, 1997 Issue , IEI~PLOYEE SPO'TLIGHT Jacque Lavato I9 years, , < : : . : . ~ : : : . : . : . . A . . . :...v : : . . r~:l'c i Co S hm dt l. 9; ears . . . :::<;:::;::<::»:::>::>:<::>;::;:>::::.::<>::>:<:>::>:::::::;:::::<:::>::::>:<::<:::;;. . . ; ~ : . . . : . . . Kevin;Whelan , ;:Y;:: : RickOnorat . a " .15 ears . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . : . . . . . . . . 5 ears . Tom:Sh I eelY Y ; ; Linda Moore 14 years ` Tammie moved to Vail last September to join the Diana Glenn ' ~3 years • "maverick" Com Dev Department. She moved here Cinda u I 1~ears Greg Hall $ years with her ex-GI Joe, husband, Wayne and her Chow, ~ Scarlet from Killeen, Texas where she was ~olly McCutchecrn ears. . employed as a Planner. Tammie has been married ~ Feinandez ' ~ for three years and has no kids. Tammie enjoys Recosnized emplovee: Jim Spell reading mysteries and historical books, watching Submitted bv: Susie Combs • classis movies and never misses watching Tuesday Description of izood deed: On February 25, Jim did Night Fights on USA. She has taken her first sld Hazardous Material Safety Training class for the lesson and is looking forward to leaming how to Facility Mainenance division. He did an excellent . snowboard. Tammie is best known for her job of explaining what could be very complicated in souvenier/toy collection located in her office in Com a very simplisric manner. Thanks Jim, I appreciate Dev. Feel free to stop by and take a look-see. your willingness to step forward and help out! It is nice to know we have employees within the town- that are willing to go that extra mile for us! Recognized emplovee: Brad Baldwin, Mike Knox and Cinda Rau Submitted bv: Susie Combs Pat's on the back cont'dfrom page 3... Description of good deed: All three of these great RecoQnized emplovee: Kevin Whelan, Mike Ryan, Police Officers stepped forward to put on the Janu- Al Bosworth, Mike Fedde, Jim Jones, Tyson ary Safery Meering on Winter Driving Tips. You all Houston did an outstanding job. Thanks! Once again, our TOV Submitted bv: Mark Benson , em lo ees come to the forefront to hel out!. Description of 'good deed: These guys were able < March Si~thdays ~ to inspect ALL WI Properties in a timely and Rodolfo Beltra~i 3f3 professional manner. They did a great job in A 9M schmtdt 3I3 scheduling and inspecting alot of shops, offices and Ja~ Russ61t physical buildings. Rudy Sandaval lolir~ Gutick 3.~;:: ; : . Recoenized employee: Ron Braden Gatmen Slagle 3IH' Submitted bv: Susan Connelly Stev,e W-r.ight ' 3!9 Description of good deed: Ron, I really appreciate Jacque Lovato 319 how responsive you are EVERY TIME we at Com ~atge K inne ' 3f I4 Y Dev call upon you for help. Be it a hardware, David Ric6rc . Btick Allen 3I20 software or a training issue, you always come ; L Pardee 3/22 ; through for us, and always quickly, which is a total r'Y . rk Mark All,en 3123 bonus. The most recent example is the way you ~nn set up PowerPoint training for us, then asked for 1V~ u,. our input about the effectiveness of the instructor Ti m Maestas before scheduling additional training on Excel. ~attMartFne~ . Thank you for doing the terrific job you do. 5 March, 1997 Issue , Town of Vail Employee Newsletter ` Depar-tment News cont'd fi-om page 4... FIRE DEPARTMENT: Recognition lelters conl'd f•om pcrge 4... HAPPY DAYS AT THE VFD! On February 18, 1997, the VFD celebrated the Dear Susan Connelly, swearing-in of Firefighter Dave Eich. This is the After a hectic holiday season and some Department's first new full-time position to be hired January settling in, I am belatedly writing to in many years. Dave will be a"floating Firefighter." express our great delight in working with the who will be scheduled to fill in for sick or vacation- Department of Community Development in the , ing Firefghters and Technicians. This will be an disaster repair of Dominos Pizza, in the Vail Run outstanding help in filling some of the gaps that are Building, after their flood. _ left in the work sct~edule by increasing our staff- Everyone that we worked with (including _ ing by one. Dan,Charlie, Lauren and Russ) were - Dave came to Vail in 1981 to be a Student aggressively positive in helping us to get the store Resident Firefighter with the VFD. He left in 1984 open by Christmas. to join the Avon Fire Department's Student program We built that store in 1988 for Arthur Cole (the for a few years, and then returned to be a volunteer owner), as well as a store in Glenwood and one in for the VFD. He has also kept current in medical Avon. Arthur Cole is an old friend and supporter response through his employment at Vail Valley and when he calls, we respond and serve his needs. Medical Center and Eagle County Ambulance Dis- He called me on Christmas Eve to emphatically trict. He is a happy, positive addition to the depart- express his thanks, and even his surprise at our ment, and we are thrilled to add him to our gang! success. I reminded him that we had a measure of luck and the complete support of the Town in BYE, BYE MIKE RYAN helping us to open up with nothing but green lights. The VFD bid Mike Ryan a fond farewell this In closing I'd like to say that whereas I've had month, as he happily moved to Denver to begin his my times of being unhappy and even perturbed with career as a full-time paid Firefghter with Littleton TO V policy or procedure, I didn't want to miss Fire Department (that's what this program is the opportunity to express my gratitude for the designed to do - train the guys so they can get jobs!), friendly, positive, and professional assistance Mike was a Student Resident Firefghter with the experienced at Community Development. VFD for. 2 1/2 years, and his enthusiasm and Sincerely, positive attitude will be missed. Harry Gray, Gray-Stone Construction and Development, Inc. STILL WAITING... We are anxiously awaiting the arrival of VFD's baby # 17 (since 1990) and Firefighter. Craig and Eileen Davis's firstbom this summer. Don't drink T11is tivas sent via voice mail to Susan Connelly.• the water at the Vail Fire Department! (Elaine buys bottled water! ) Just received a message from Rick Caudeu, Golden Peak complimenring Chuck Feldmann's handling More pats on the back... of some irate customers at Golden Peak and fur- Recoenized emplovee: To all late night bus drivers ther complimenting Chuek. Dan and Ernst for Submitted bv: Sherry Rollins the job they are doing. I don't know any of the Description of good deed: Thank you to all late details, but thank you, gentlemen, and keep up the night drivers. Other then your radio chatter, you're good work! always willing to help and we appreciate it. Thank you. More r•ecognition letter•s cont'd on page 7... 6 i Town of Vail Employee Newsletter March, 1997 Issue ecognilion e[teis cait r•om page As 1 got into mv cam, Mom, I knew 1'd get home Dear Mike Rose, in one piece. Because oj'the wav vou i•aised me,. 1 would like to thank Sheila Farro, John Irvin and so lesponsible and sweet. 1 slai7ed to drive alvav, Terry Hall for their extra efforts to find my cell phone. Mom, but as 1 pu!!ed out into the ioad. the other It later turned up at an obscure location in my house, car didtt'1 see me, Mom, and lttl me like a load. so it had not come out of its holster on the bus-as 1 As I!av there on the pavement, Mom, I hear the feared. policeman sav the othei•guv is drunk. Mom, now But the care which each of the forementioned I'm the one wlto will pau 1'm Ivittg lter•e dving, peoplc took made me realize that the bus depart- Mom. 1 wislt vou'd get here soon. ment has a staff which, is caring and will go the extra " . mile for a rider. . How coudc! tltis happen to me, Mom? Mv life You guys are great! jusl bulst /ike a bal/oon. Best rcgards, Jeff Bowen There is blood all ar•ound me, Mom, and most of it is mirie. I heai• the medic sav, Mom, I'll die in a shnrt time. Ijusl wanted to tell vou, Mom, I TheJollowing /etler wa.r senl !n the Librurt~: stiveai• I didn't drink. It was the others, Mom. TJte olhels didrt't thirtk. He was probablv al tlte To lost and found, same partv as I. The onlv diJftr•ence is, he dr•aitk Thank you so much for your kindncss of mailing and I will die. Whv do people df•ink, Mom? It my lost reading glasses back to me. Your action is can ruiii vour whole life. I'm feeling shat-ppains abovc and beyond duty's call. now Pains just like a knife. The guv who hit me Encloscd is a check for postagc and for your i, s w a/ k i n g, M o m, a n d 1 d o n' t t l t i n k i l' s fair: I'm trouble. lvittg liere dviiig aiid all l:e catt do is star-e. Sincerely, Te// mv brollter not to ctv Mom. Tell Daddv to Tom Hilbert be brave. Artd wheii 1 go to heaven, Mom, pitl "Daddv :r Gif-l " on mv gr•ave. Someone should have lold hini, Monz, nol to drink and drive. If The.fnllowiizg lette~• was sent annnvmou.s/v: oi1/v Iltev lzad lold ltim, Mom, I would still be ali vc~. Dear County Of~icer, My fathcr recently mailed me this article from back Mi, hi•eath is getling shor•tef; Mom. I'm becom- east and I have shared it with many of my fricnds. iitg >>eyv scared. Please don't crvJnr me, Mom. 1 would love to know that it could bc sharcd with • many othcrs. Please feel free to distributc in your Whc~n / needed vou, vou were alwavs theie. "classes" for DUI offenders: / huve one last queslion, Mom, befoiel savgood Deatlt of an innocent hve. 1 didn't drink and drive, so wlrv am I the 1iven! !o a partv. Mnm. 1 remembei•ed whal vnu .i•uicl. n~ - ire to die? You lold me nnt ln drink, s0 I d1'Ul1Ii .SOCIU l/1.SIC'ud. ! f•eallv f'elt pi-oud inside, Mom, the wav vou .raid / would. 1 didn't drink and drive. Mont, even lliotigli the nlliers said 1 cnu/d. 1 tinow 1 did llte i•iK1t111tino, Moni, 1 know vou are alwav,S 1'lglll. Now the partv is finallv ending, Mom, as eveivnne l.S Lf/'1V111g Olll Of .Slg{11. 7 March, 1997 Issue Town of Vail Employee Newsletter Wnf•d.s fi•om Bob conl'd fi•nm page 1... important to understand that any changes made to the capital budget or use of existing fund ~ balances will be done within the context of our ten year planning model. In other words, I will not recommend this project proceed unless we can } maintain our minimum fund balances over the ten 41 ~ year planning period. amm As we have discussed, previously, the Town budget is divided into a number of different funds. These funds are similiar to bank accounts and serve to provide accurate accounting of the TOV SKI DAY! revenues and expenditures for each fund. The three principle funds are the general fund which funds daily operations; the debt service fund, MARK YOUR CALENDAIZ which pays debt service on the Town's $27 million debt; and the capital projects fund, which funds TO SKI WITH YOUR major capital expenditures such as street projects, building construction, etc. Revenues are divided CO-WORKERS between the general fund and capital projects FRIDAY, 4/4/97 fund (which also provides revenues for the debt service fund). Pursuant to the Town Charter and Council policy, 55% of our sales tax revenues go MORE DETAILS to the general fund; 45% goes to fund the capital program and debt service. If the Council decides TO FOLLOW to proceed with West Vail, the funding would come from three sources: (1) previously committed funding for West Vail ($1.5 million), and (2) delaying other capital projects, (e.g. Lionsridge Loop Street reconstruction project, etc). (3) existing fund balance. The fund balance portion would be repaid by CDOT pursuant to our agreement with them. No funding would come from the general fund and therefore, this project . will not have an impact on any aspect of our operations budget. We are currently running the numbers through our financial model to make sure this project can proceed without violating the minimum fund balances established in the ten year model. I hope this gives you additional insight into this. F YOU ARE INTERESTED IN SKIING issue. Please feel free to stop by or call me at WITH THE GANG, PLEASE CALL 2105 if you have questions or wish to discuss this matter. - SUSIE AT EXT# 2114 R WM/aw 8 Town of Vail Sales'Tax Estimation Worksheet 3/4/97 % Change % Change 106 suaget trom rrom MOnt01 1885 18B6 1887 1888 7889 1980 1597 1892 1993 1884 1895 Budget Flnal Varlance 1995 Budget - . ~ . . o: ~;r:•::ta:::::; . . . . :..........:::::::::...::.,..ry{;y:ii::.>:•>:iGi:::::::: . ~:?•::h:s;.,-.::.~:;.::::.~:::::: ::t:::::: v: :::.:~::::::::::.v::.~::~~i.ii:Y.-,-.....:.~::: ..~:i : ~i:i{.ii:iiiii::iii:~iiii::~iiiiY~iiYJ: ~v•::::: - . y::~: w:: v :........~.r.~..:.~:.:~: ~y::/.••~,•::: .~...:..:.:.:::::::::::n~:::: v................~.:.:::::::::::.~ J. ......i..... . . .............;;.;;r-i•:x:.v: •v:::::i::{::: ~ . vv:::::::.~: ..y............:::::::::::.~::::::: :l~:::::y',+.::::'i::i;:::i}'-i'-ii:~ii:~:~:~::vi:i Janua 881,304 890,585 1,063,196 1,126,496 1,465,870 1,599,123 1,713,091 1,709,654 1,855,364 1,805,707 1,894,597 1,891,738 1,935,782 44,044 2.17% 2.33% Februa 918,154 946,552 1,135,786 1,205,101 1,561,286 1,695,850 1,737,343 1,780,568 1,828,766 1,814,495 1,816,107 1,813,365 1,993,389 180,024 9.76% 9.93% AAarch 1,187,520 1,316,652 1,378,782 1,591,705 1,939,758 1,897,718 2,051,820 1,977,995 1,988,090 2,250,656 2,139,298 2,136,070 2,240,865 104,795 4.75% 4.91 % A rll 531,668 430,877 425,961 550,205 567,684 634,174 616,648 691,163 864,303 794,668 791,092 789,890 966,993 177,103 2224% 22,42% Ma 162,912 244,987 245,518 170,567 215,548 236,359 250,809 268,000 257,248 287,315 324,681 324,179 318,920 (5,259) -1.77% -1.62% June 280,828 361,627 331,581 329,039 393,470 448,227 468,948 468,598 475,161 548,820 590,685 589,783 594,907 5,124 0.71% 0.87% Ju 447,815 479,507 479,201 559,683 649,139 665,094 737,288 742,750 811,538 892,830 893,483 892,126 963,717 71,591 7.86% 8.02% dugus4 386,985 512,513 536,904 575,887 668,119 678,071 761,992 767,257 825,954 891,566 867,125 865,808 990,650 124,842 14.25% 14.42% Se 4ember 340,102 374,060 442,402 422,502 469,032 482,328 491,684 485,954 560,535 725,205 645,902 645,195 630,453 (14,742) -2.39% -2.28% Oc4ober 209,282 237,504 273,951 291,204 335,740 364,002 324,802 367,578 400,525 408,405 461,791 460,170 413,573 (46,597) -10.44% -10.13% November 229,083 376,657 386,270 376,235 430,820 438,731 428,086 497,907 553,681 594,491 611,147 608,123 601,208 (6,915) -1.63% -1.14% December 905,955 1,167,280 1,245,612 1,455,948 1,615,278 1,625,219 1,691,775 1,846,223 1,974,553 1,992,855 1,994,540 1,990,566 2,068,851 78,285 3.73% . ° . /a S:~iai':r';i'>::~~i:~:::2?::i';i.':Y::::r::;:::::ff:" i~r''<i=: ~:':y;':;~'::?i3[$':ii:"%::~:)~'+.%:r'+.;'.:'i;::'::;:;r!:S;:r.:;<%.>:::ii;;i ::s::: _;i::?:::~'.L`.;;:;wt:>:•>::a::::._::.:o:'w:::::Y•:~i::~::::;5ii:i:2:::ii::i:t::i:::::~<:t::•;:•>:::::::::sYi:i:i>:;::fi:>`.;::i:i:::;; _:::>::~o-: iTotai 6,481,608 7,338,801 7,945,164 8,654,572 10,311,744 10,764,896 11,274,286 11,603,647 12,395,718 13,007,013 13,030,448 13,007,013 13,719,308 712,295 5.29% 5.48%