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1999-05-18 Support Documentation Town Council Evening Session
r. 4..I i VAIL TOWN COUNCIL EVENING MEETING TUESDAY, MAY 18, 1999 7:00 P.M. IN TOV COUNCIL CHAMBERS AGENDA NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. CITIZEN PARTICIPATION. (5 mins.) 2. CONSENT AGENDA: (5 mins.) A. Approve the Minutes for the April 20, 1999 Minutes. B. Ordinance No. 13, Series Of 1999, Second Reading Of An Ordinance Of The Town Of Vail, Eagle County, Colorado Granting A Franchise To Holy Cross Energy, Its Successors And Assigns, To Locate, Build, Install, Construct, Acquire, Purchase, Extend, Maintain, Repair And Operation Into, Within And Through The Town Of Vail, All Necessary And Convenient Facilities For The Purchase, Generation, Transmission And Distribution Of Electrical Energy, And To Furnish, Sell And Distribute Said Electrical Energy To The Residents Of The Town Of Vail For Light, Heat, Power And Other Purposes By Means Of Conduits, Cables, Poles And Wires Strung Thereon, Or Otherwise On, Over, Under, Along, Across And Through All Streets And Other Public Ways In Said Town Of Vail, And Fixing The Terms And Conditions Thereof. 3. 1998 Audit Report. (15 mins.) Jerry McMahan_ 4. Appointments to Local Licensing Authority. (5 mins.) Lorelei Donaldson 5. Appointment to Vail Valley Marketing Board. (5 mins.) 6. Ordinance No. 14, Series of 1999, first reading of An Ordinance Dominic Mauriello Repealing And Re-Enacting Ordinance No. 11, Series Of 1999, Cascade Village, Amending And Re-Establishing The Approved Development Plan For Lot 54, Glen Lyon Subdivision, Known As The Glen Lyon Office Building Located Within Development Area D, In Accordance With Section 12-9a-10 Of The Zoning Regulations To Allow For The Construction Of An Expanded Office Building And Two Type III Employee Housing Units; And Setting Forth Details In Regard Thereto. (1 hr.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 14, Series of 1999, on first reading. BACKGROUND RATIONALE: The applicant is proposing to amend SDD #4, as it relates to the Glen Lyon Office Building property, Area D. The applicant is proposing to construct a 37,088 sq. ft. (gross) office building addition to the east of the existing building, a 3,270 sq. ft. modification to the existing building by adding hallways and an elevator, and two EHU's (1,127 sq. ft. and 738 sq. ft.). The resulting total leaseable area of the building is 35,741 sq. ft. which requires a total of 143 parking spaces. The new building is proposed to be constructed above two levels of a parking structure containing 127 parking spaces. The east end of the site will also contain a surface parking (with a level of parking below) of 24 parking spaces, for a total of 151 parking spaces. c The proposal also includes aligning the entrance of the parking lot with that of the Vail Professional Building directly across the street and re- striping of the traffic lanes on the S. Frontage Road to accommodate turn lanes and bike lanes. The original Cascade Village SDD was approved in 1976 and has since been amended several times. The development plan approved in 1988 for this area included additional office space and a micro-brewery. On August 10, 1998, the PEC provided direction to the applicant to provide structured parking, substantially increase the square footage of- office space, eliminate the proposed duplex development, and upgrade the architectural quality of the existing building. The Commission stated that adherence to the interior landscape provisions and the building height provisions of the previous approval could be varied. The Town Council gave very similar guidance to the applicant, at its September 1, 1998 meeting. Please refer to the PEC memo of May 10, 1999 for more detailed information. The Planning and Environmental Commission, at its May 10, 1999 meeting recommended approval of the proposal subject to the following conditions: 1. The owner/applicant shall ensure that the utilities to this site are all placed underground for the entire length of the site prior to the issuance of a Temporary Certificate of Occupancy for the development. 2. The owner/applicant shall be required to provide roadway improvements in accordance with the approved plans. Prior to the issuance of a building permit, the applicant shall obtain approval by the Town of detailed civil engineering drawings for all proposed improvements including drainage improvements. 3. The owner/applicant shall deed restrict two Type III, Employee Housing Units in accordance with the Zoning Regulations prior to obtaining a temporary or final certificate of occupancy on the project. 4. The owner/applicant shall record an easement for the existing bike path on the west end of the property prior to obtaining a temporary or final certificate of occupancy on the project. 5. The building plans, rooftop mechanical plans, landscape plan, tree protection plans, and dumpster enclosure details shall be reviewed and approved by the DRB. 6. The owner/applicant shall mitigate the trees being removed by the development. The DRB shall determine the ratio of mitigation. A substantial vegetative buffer shall be established along the north elevation of the building. 7. Lower the eve line of the roof over the center building form. 8. Move either the employee housing units to improve the indoor/outdoor access or improve the access to these units to make them easier to access by occupants. 9. Add a significant gutter system to the roof which ties into the drainage system for the site. 10. Provide a commitment to provide significant trees prior to being reviewed by the Town Council. c Vi 11. Provide a pedestrian scale element at the front entry (i.e., porte cochere). 12. Make improvements to breakup the overall facade of the south elevation. 13. In the drainage plans, provide adequate drainage for snow melt from surface parking area to prevent draining directly into creek. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approve Ordinance No. 14, Series of 1999, on first reading. 7. Town Manager's Report. (5 mins.) 8. Adjournment - 8:40 p.m. NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 5/25%99, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 6/1/99, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 6/1/99, BEGINNING AT 7:00 P.M. IN TOV COUNCIL CHAMBERS. Sign language interpretation available upon request with 24 hour notification. Please call 479-2332 voice or 479-2356 TDD for information. CAAGENDA.TC COUNCIL FOLLOW-UP 1 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 1999 - 5/11/99 SKATEBOARD PARK QUESTION: Skateboarders have been sighted both in the FOLLOW UP: We have experienced some delays in obtaining jersey Kevin Foley Lionshead Mall, as well as the Lionshead Parking Structure. barriers from B&B. We have just received word from B&B they are now What is the timing of the installation of the skateboard park. available and are counting on hauling and installing those barriers Additionally, are there any intentions of adding more space Thursday/Friday (5/13-14). With any luck, we should have the skateboard for a roller blade rink? park up and running the week of May 17th. RE: the roller blade rink (please see attached letter from Diane Johnson) Bob has called Diane to let her know we are not expanding to allow a roller blade rink at this time. ' It is legal for skateboarders to be on the Lionshead Mall as well as on Bridge St. and Seibert Circle. Even when the skateboard park is open it will remain lawful to be in the Lionshead Mall and on Bridge St. The parking structures are posted as "no skateboarding", patrol officers have been reminded to enforce this prohibition. 5/11/99 LEASE TERMS/CONDITIONS QUESTION: Learning Tree and ABC School have requested FOLLOW UP: The 180 day notice to vacate the premises is very generous Council Council change their notice of relocation from 180 days to 2 in a lease agreement in which the tenant is paying no rent. Generally, years. under such agreements for no consideration, there is a much shorter period to vacate. 5/11/99 FALL LINE ROAD PARKING AREA FOLLOW UP: Jim Goff with the Vail Police Department met with CDOT (north side of 1-70, to the east of the East Vail (Robert Commons, Highway Maintenance Supervisor) today. CDOT exit) advised they will barricade and start the process for building a berm, Dr. Baker/Council seeding and planting trees. This area is actually annexed to the TOV, so it will require town staff approval. Com. Dev, has already advised Jim they would like to see a plan for the berm site prior to proceeding. This berm will provide a sound barrier, will improve aesthetics, as well as finally alleviate the abandoned vehicle problem. May 13, 1999, Page I ~0 fl Vail Recreation DISTRICT 700 S. Fronta_e Read Earl Bob McLaurin Town Manager -'ail. CO 816577 75 South Frontage Rd. 970-479-2279 Vail, CO 81657 FAX: 970-479-2197 April 30, 1999 VAIL GOLF CLUB 1778 Vail Vallev Drive I Dear Bob, Vail. Colorado 81657 479-2260 i Fax: 479-2355 I wanted to touch base with you regarding the operation of the Vail Skate Park for the upcoming 1999 season. GOLF ~ PARK ,MAINTENANCE 1278 Vail Valle} Drive As you know, last year the PEC approved the Conditional Use Permit for the park saying 479-2262 that it did not need to be reviewed on an annual basis. We have started making VAIL TENNIS CENTER arrangements for this season and have some requests that need your attention. 700 S Frontaee Road East 479-2294 We received a suggestion to again enlarge the park, to mark off an area for roller hockey. Fax: 479-2281 The VRD has improved rink boards that were used at the outdoor ice rink this winter, and JOHN A. DOBSON ARENA we could mark off the area with them. The maximum amount of space would be an 321 Lionshead Circle additional 22 parking spaces (approximately 88' X 60') located on the east side of the 479-2271 present designated area. We feel this would address another user group and provide for a Fax: 479-22267 better park. The one available roller hockey rink in Eagle Vail is currently heavily used. VAIL YOUTH SERVICES 395 E. Lionshead Circle The other issue we need to address is the daily closing (locking of the obstacles) of the . 479-2292 park. The Permit has as a condition that the park be adequately secured each night to Fax: 479-2283 prevent use after dark. Last year we tried several different locking techniques, but most VAIL NATURE CENTER i Were pulled out or disassembled. Regardless, we never had a report of nighttime use, so Vail Valley Drive we'd like to just post that the park closes at dusk, but not be required to have a staff 479-2291 I person actually lock it every night. MARKETING • MARKETING East I Skip Marcotte and I are continuing to work with Tom Moorhead and Larry Pardee on the 70rl S Fr ntaLe'Road 479-2446 I park. The Town has been very helpful and I look forward to getting it set up in the near future. Additionally, we were the primary beneficiary of this year's Rotary Auction, so A1) L: LT t YOUTH SPORTS we received funding for this year's upgrades and operation. Rotary also held some of the Ton S Frontage Road East 479--i'-80 funds (about $10,000, 1 believe) in their account to be used for the creation Fax: 479-2281 permanent Vail Skate Park. Needless to say, the widespread community support continues, and I hope the upcoming community facilities planning helps bring this project to ultimate fruition. Thanks, Bob, for your help and support of this project. Sincerely, Diane L. Johnson Youth Services Supervisor Cc: Tom Moorhead Greg Hall Russell Forrest Piet Pieters DRAFT DRAFT MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: May 24, 1999 SUBJECT: A request for a final review of a proposed locker room and loading dock expansion to the Dobson Ice Arena, located at 321 East Lionshead Circle/Lot 1, Block 1, Vail Lionshead 2"d Filing. Applicant: Vail Recreation District, represented by Odell Architects, P. C. Planner: George Ruther 1. DESCRIPTION OF THE REQUEST The Vail Recreation District, represented by Odell Architects, is requesting a final review of a proposed locker room and loading/delivery area expansion to the John A. Dobson Ice Arena. The proposed expansion is intended to accommodate a new team locker room, an administrative office, a multi-purpose room with storage area, remodeled restrooms and an improved loading/delivery area. The new addition is to be constructed on the east side of the existing arena. The total square footage of the new construction is approximately 4,282 square feet. Access to the loading /delivery area is to be directly off of West Meadow Drive. The proposed expansion and improvements are intended to help the VRD meet the ever expanding demands for services in the Valley. Since the original submittal of the proposed project the applicant has removed the gymnastics facility element and revised the configuration of the loading dock area. The District is currently participating in a Community Facilities planning process with the Town to determine possible location for a gymnastics facility. The Community Facilities Plan is anticipated to be completed some time this summer. II. BACKGROUND On Tuesday, August 18, 1998, the Vail Recreation District appeared before the Vail Town Council to request permission to proceed through the public process. The Town Council's permission is required since the ice arena is owned by the Town of Vail and is leased to the VRD. Following a brief presentation of the proposal to the Council, the Council approved the request to proceed through the process. On September 14, 1998 the applicants appeared before the planning & Environmental Commission for a worksession to discuss the proposed expansion. Following discussion on the proposal, the Commission was generally supportive of the project. The Commission did direct the applicant to more closely look at the design of the loading/delivery operation of the arena. As a result of the Commission's concerns the applicant has redesigned the existing loading/delivery system of the arena. 1 On May 5, 1999 the applicants again appeared` before the Town of Vail Design Review Board. The purpose of the meeting was to present changes made by the applicant to the proposal to the Board. During previous meetings with the Design Review Board the applicant had been directed by the Board to make revisions to the exterior fagade of the addition to improve the aesthetics and to have a tree preservation plan prepared to address the impacts of the proposal on the existing vegetation. In keeping with the requests of the Board, the applicant retained a Consulting Arborist to review the proposed plans and make recommendations to minimize tree loss. The findings of the Consulting Arborist are stated in the Tree Preservation Plan (Dobson Ice Arena), dated 3/20/99. Generally, the Plan defines areas of critical importance to tree survival and proposes mitigation measures. The recommends that prior to construct, a root feeding and crowning pruning program be implemented. The purpose of these measures is to bring the trees back to optimal health before construction begins. The Plan further recommends that fencing be installed prior to construction to protect the critical root zone of the trees and that during excavation, the Arborist be on-site to supervise root pruning. Lastly, the Plan recommends a monitoring and compliance program during all phases of construction. The monitoring and compliance program is intended to insure that the mitigation measures are being implemented correctly, and that changes to the measures can be made if determined necessary. A copy of the Tree Preservation Plan has been attached for reference. According to the Official Town of Vail Zoning Map, the John A. Dobson Ice Arena is located in the General Use Zone District. Pursuant to the Town of Vail Zoning Regulations, the purpose of the General Use Zone District is to, "provide sites for public and quasi-public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in Section 12-1-2 of this Title and to provide for the public welfare. The General Use District is intended to ensure that public buildings and grounds and certain types of quasi-public uses permitted in the District are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. (Ord. 21(1994) § 10)." Sections 12-9C-2 & 3 outline the permitted and conditional uses allowed in the General Use Zone District. The ice arena is considered a "public/quasi-public indoor community facility" and is an allowed'conditional use in the General Use Zone District subject to the issuance of a conditional use permit. Section 12-9C-5 of the Zoning Regulations outlines the standards for developments in the General Use Zone District. According to the Zoning Regulations, 2 "in the General Use Zone District, development standards in each of the following categories shall be prescribed by the Planning and Environmental Commission: 1. Lot area and site dimensions 2. Setbacks 3. Building Height 4. Density Control 5. Site Coverage 6. Landscaping and site development 7. Parking and loading Ill. ZONING ANALYSIS The Development Standards within the General Use Zone District are proposed by the applicant and determined by the Planning & Environmental Commission. The following analysis describes the'applicant's request. Lot Size: 118,058.46 square feet/2.71 acres Development Standard Existing Proposed Site coverage: IV. CONDITIONAL USE PERMIT CONSIDERATION CRITERIA AND FINDINGS In accordance with Chapter 16 of the Municipal Code, an application for a conditional use permit within General Use District, the following development factors shall be applicable: 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Staff believes the proposed locker room expansion and new multi- purpose room with the administrative office will have positive impacts on the above described criteria. The expansion and remodel of the existing Dobson Ice Arena facility will allow the Vail Recreation District to improve 3 and expand its services to our guests and the: residents of the valley. The District anticipates being able to bring sports teams and special events to the community that under existing conditions could not be accommodated. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. The new loading dock has been proposed by the applicant to enhance and improve the operations of the ice arena. Currently, loading and delivery at the ice arena is accommodated at the arena's front entrance which is located on the south side of the building. In the past, the existing location has resulted in safety concerns and created congestion of pedestrian and bus traffic. The problems arise when delivery vehicles are loading and unloading at the front of the arena and bus traffic attempts to continue around the north side of the landscape island in the middle of West Meadow Drive. Buses are unable to negotiate through between the delivery trucks and the numerous retaining walls in the area. Problems with pedestrians are also created when large trucks are parked at the front entrance. As lines of people start forming as they wait to get into the arena the lack of adequate space forces pedestrians out into the bus traffic lanes. The Town and the District have each identified these problems in the past. The location of the new loading and delivery area will attempt to alleviate the existing problems. The proposed location is removed from the front entrance area and setback out of the bus traffic lanes. The new loading and delivery area will be snow melted to eliminate snow removal concerns. Access to the loading dock will be off of West Meadow Drive and has been designed to accommodate the maneuvering requirements of a 65-foot long semi-tractor and trailer. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. The proposed building addition and new loading and delivery dock will significantly alter the appearance of the existing ice arena. The most notable impacts will be along the portion of West Meadow Drive in front of the arena. Currently, as many as 24 maturing evergreen and aspen trees are growing at the east end of the arena. With the exception of only a few of the largest evergreen trees, the trees where planted as part of the landscape plan for the original construction of the ice arena. According to the proposed plans, 21 trees will need to be relocated. To offset the effects of the tree loss the applicant is proposing to install 26 new trees. It is anticipated that some of the trees that need to be moved can be replanted in new locations in the vicinity of the improvements. 4 The Plannino and Environmental Commission shall make the followinaJindinas before arantina a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of the Zoning Regulations and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the Zoning Regulations. VI. STAFF RECOMMENDATION 5 DOBSON ICE. ARENA. Rebuilt plaza 11!~F.~? ai ~t above structure fik 47.2+ +46.9 +47. Removed site Proposed above work (typical) grade expansion - ' 25 Radius clearance space around existin 74 .tree 2 - +35.5 Specimen S + Spruce tree retained t Ali 9 K ) Existing tree island ` retained 00 RY Tree Preservation Plan Dobson Ice Arena Vail, CO 3/20/99 For Odell Architects Evergreen, CO By _ A Cut Above Forestry P. O. 7133 3i Breckenridge, CO 80424 970/ 453-9154 Rick Herwehe: Forester y: i Y Y 2 i 1 • S b}E i0. t 7 6 i Introduction Facility expansion is a difficult task and can become more complex when tree preservation is involved. Yet, mature trees offer invaluable benefits to the landscape that relatively small transplants cannot. When properly planned for, trees need not unduly complicate the renovation process. To insure a successful tree preservation plan, five areas must be addressed; the existing site conditions, potential construction impacts, mitigation tactics and techniques, prescriptions for tree health before, during and after construction, and monitoring tree health and contractor compliance during construction. The Doubloon Arena project will consist of a building addition, a service drive and rebuilding the plaza above the locker room. The surface of the drive will be paved and the cut bank for the drive will be held with a retaining wall. Present Condition All trees on the property are identified on the site map. The trees that will be directly impacted during construction have been assigned identification numbers. Specific data was gathered on the nine trees to be directly impacted by the addition. Tree diameter for large trees was measured at 4.5' above the ground. Diameter for transplantable trees was measured at 2' above the ground. Crown ratio represents the percent of trunk that supports green branches. Tree condition indicates the general health, foliage and stem condition. Most trees on the property are in good health. A small infestation of Cooley gall aphid is present but no serious insect or disease problems are present. Presently, soil compaction is the greatest detriment to tree health on the site. Years -of pedestrian traffic and past building projects have compacted the soil within the rootzone of all trees on the site. Construction Impacts and Mitigation: Measures All trees on the site will be either directly or indirectly impacted by the project. The indirect effects include changes in water from grade changes and chemicals leaching into the soil. Direct impact is those activities that invade the root-zone the crown, the trunk or require the tree to be removed. This construction project will directly impact twenty-six trees on the site. The project will require cutting down six aspen trees located inside the proposed service drive. Another thirteen spruce trees and one fir tree are in the construction zone. These fourteen trees will be moved to an off-site location. Six spruce trees are near the construction zone and will be impacted by excavation, materials storage, foot traffic and soil compaction. The first concern is to bring the trees to optimal health before construction starts. To insure the trees have adequate nutrients, deep root feed all trees to remain after construction with a root stimulating fertilizer. To enhance the performance of the root system, the soil within the root zone should be inoculated with mycorhizal fungi spores. The soil should be aerated within the root zone to mitigate soil compaction problems. To minimize damage to the crown, prune any branches that will be in the way during construction. See table 1-2 for individual prescriptions. The second concern is to protect and treat the root zone. The tree protection zone will be delineated with fencing. To minimize long term damage to the root system, all roots over'/" in diameter encountered during excavation will be root pruned. See table 1-3 for the required tree protection zone size. Specifications for Tree Preservation Fertilizing 1. Deep roots feed all spruce trees to be preserved. 2. Feed with a root stimulating fertilizer. A mycorhizal inoculate will be added to the fertilizer. 3. Feeding will be performed in a radial pattern with the feeder needle being inserted 8-10" below the soil surface. Insertions will be made at 18" intervals on the edge of the drip line. i Soif Treatment 1. Soil within the dripline will be aerated with a 2" soil bit. 2. Drill pattern will be concentric in design with holes spaced at 18" intervals and to a depth of at least 18". i Fencing 1. Fences have been erected to protect the trees to be preserved. Fences define a specific protection zone for each tree or group of trees. Fences are to remain i&n place until all site work is completed. Fences may not be relocated or i removed without written permission of the consultant. 2. Fence all trees to be retained to completely enclose the tree protection zone, as indicated in table 1-1, prior to demolition or grading. Plastic snow fencing attached to metal posts driven into the ground will be acceptable fencing. If the fencing is continually damaged or torn down, it will be replaced with chain link . _ fencing. Fences will remain until construction is completed. Chain link fencing will be used for tree # 15. i 4. Construction traffic and material storage must remain outside of the fenced areas at all times. Pruning 1. A. Prune dead branches from crown. B. Prune branches to provide adequate clearance for scaffolding and ' construction crew. 2. An arborist or forester is to be present at all times during pruning. The tree service must provide proof of insurance for liability and workers compensation. 3. All pruning will be within the Tree Pruning Guidelines (International Society of Arborculture) and adhere to American National Standard for Tree Care Operations (ANSI A300) 4. Any additional tree pruning needed for clearance will be performed by an arborist, and not by construction personnel. Root Pruning 1. All encountered roots over 1/2 inches. in diameter will be cut off with a sharp tool, 2. Root will be pruned with a sharp shovel, saw or by-pass pruning tool. 3. Any roots damaged during construction shall be exposed to sound tissue and cut cleanly with a saw. Irrigation 1. An.irrigation system will be installed to insure adequate water supply to the retained trees. 2. Irrigation will be provided on an "as needed" basis but in sufficient volume to maintain soil moisture to a 3' depth. 3. The irrigation system can be a timed drip system or as simple as letting a hose run until the soil moisture specifications are met. General 1. Before beginning work, the contractor is required to meet with the forest consultant at the site to review all work procedures, access routes, storage areas and tree protection measures. 2. Any activity within the tree protection zone must be approved and monitored by the Consulting Arborist. 3. Any herbicides placed under paving materials must be safe for use around trees and labeled for that use. 4. Any grading, construction, demolition or other work that may encounter tree roots should be monitored by the Consulting Arborist. 5. Do not store or dump excess soil chemicals, debris equipment or other materials within the tree protection zone. 6. Install and maintain a 4"-6" layer of mulch within the tree protection zone. The mulch will help reduce soil compaction and moderate soil temperature. 7. Construction traffic and trailers must stay outside of fenced areas at all times. 8. All underground utilities and drain or irrigation lines shall be routed outside the tree protection zone. 9. If injury should occur to any tree during construction, the consultant should evaluate it as soon as possible so that appropriate treatments can be. applied. 10. Spoil from trenches, basements or other excavation shall not be placed within the tree protection zone either temporarily or permanently. Post-construction revegetation and landscaping: 1. Turf grass should not extend into the drip line of existing tree. 2. Trees should be mulched to maintain soil moisture. i 3. Affected trees shall receive annual deep root feeding to provide additional nutrients. 4. Annually inspect trees for insect, disease or environmental problems. Monitoring tree health and compliance Trees cannot be preserved during construction. Successful tree preservation programs start during the planning phase when critical design decisions are made. However, activities during construction and post- construction phases are critical to successful tree preservation. In other words, trees cannot be preserved, during construction but they sure can be killed during construction. Monitoring tree health and compliance during construction helps ensure that the program and details specified in this Tree Preservation Plan are properly implemented. The monitoring phase of the plan is fourfold: 1) Maintain the integrity of the Tree Protection Zone, 2) Assist with field changes, 3) Continually evaluate tree health and injuries, and 4) Communicate with Odell Architects, the superintendent, and the Vail Community Development department. Tree Data Sheet Table 1-1 Species Diameter Height Crown Crown Tree condition inches Feet Ratio % Diameter 1-8 Spruce 8-10 35 95 6'-8' Very good health and 10-14 structure. Young and vigorous. 9 Fir 8 35 95 28' Very healthy vigorous tree. 15 Spruce 56 40 16' Good health and Od structure. No insect or disease problems. Undoubtedly suffered some root damage during wall construction in 1979. 16 Spruce 27.5" I X X X Good health and structure 17 Spruce 17.0 X X X Good health and structure. 18 Spruce 14.0 X X X Good health and structure. 19 Spruce 32.5 Good health and structure, _Forked diameter is from biggest fork 20 Spruce 9" 30 95 9 Good health and structure. Planted during original construction. 21 Spruce 17" 50 95 23 Multi-stemmed spruce tree. No insect or disease problem. Located close to street and pedestrian walkway. 122-27 Aspen To be removed. Prescriptions Table 1-2 Tree Prescription i 1 1-14 I Transplant trees to off site location. 1 15 Deep root feed, Soil drilling, Fence tree protection zone, Cover soil with 6" of tree I chips, prune roots encountered during construction to root pruning s pecifications. 16- Deep root feed, soil drilling. Fence tree protection zone for group and mulch with 19 16" tree chips. 20 I Deep root feed and root prune prior to construction. Fence tree protection zone and mulch with 6" of tree chips. 21 I Deep root feed, soil drilling, Fence tree protection zone and mulch with 6" of tree chips. 22- Remove 27 N ~ Recommended tree protection zones Tree Tree protection zone (distance away # I from base of tree in all directions. 10- NA 114 I 1 15 28' 16- Pavement 19 120 18' 1 21 1 Pavement 22- NA 27 l _ r Dobson Ice Arena A Cut Above Forestry Inspection Summary P.O. 7133 Breckenridge, CO 80424 453-9154 Inspection Development Stage Date: Pre-construction Demolition/stripping Inspector: Rough grading Street, utilities Also present: Building construction Fine-grading/landscaping General comments: Other Site Conditions Tree # Conditions/concems Treatments required r rr r Recommendations and Follow-up Dobson Arena Tree Evaluation Tree #15 bit P Age 200 (approximation) Diameter 27.5" Height 56' Crown Ratio 90% (Percent of trunk that supports green branches) Crown Class Open Grown Architecture Crown is slightly heavy to east. Top was broken, subsequently; a lateral branch has taken over as the leader Insect None Disease None Foliage Good color and growth Relative Tolerance Moderate Position Tree is located in front of Dobson Arena, it is surrounded on three sides by a rock retaining wall (see diagram). The retaining wall was built in 1979. Construction of this wall undoubtedly removed part of the root system. I am also speculating that the roots were torn by equipment rather than pruned during excavation. Torn roots are less likely to wall off rot fungi than clean wounds. In addition, torn roots are less likely to regenerate new root fibers than roots pruned with the proper pruning tool. Impacts Construction activities will come within 20' of the trunk. Some of the root system will be removed for the retaining wall on the west side of the service drive. Soils have been t F S c f.. compacted over the years with construction and pedestrian activities. The root system was impacted 20 years ago by the addition of a retaining wall. j F • i Recommendations keep all construction activities at least 25' from the base of the tree. Fence tree protection zone with chain link fence. Root prune all roots over 1" in diameter. Use light equipment (small backhoe) for excavation within 28' of the tree trunk, this will allow an arborist to locate and prune all roots over 1" in diameter before they are torn. Install 4" of mulch. over the tree protection zone. Provide irrigation to keep the soil moist to a 3' depth. Feed trees prior to construction with a root stimulating fertilizer and inoculate soil with a mychorizal solution. Perform a soil aeration therapy as described in the Tree Preservation Specification section of this report. TREE:#15 POSITION AND TREE PROTECTION ZONE service - Drive 't r 28' Eastiay ~ . Retaiiy tai! Missing Root Zoee F. t Root Zoos k 13 2 Y . ~ 4 I • #10* ++1.0. #3 42 #20 J- .ice ~Ile~ t~l.tJ Iumpster enc}ost: f' #1T 6 Proposed service=dock #18 ReWign6d...,..,,.lion paQ #19 - - Gates Large Spruce tree remaMec \ #21 - taming ~ ~ W bnA 71 la~_, May 12, 1999 To: Vail Town Clerk I am applying for the open position on the local liquor licensing authority. I have been a member of the board for 3 '/2 years and currently serve as chairman. I have over twenty years experience in the restaurant and hospitality and resort management. The knowledge and hands on experience I've gained is invaluable in understanding issues that arise involving liquor code violations. I have also received special training dealing with liquor service and sales. I believe in the need to continue to create a positive experience for our guests in the town of Vail. Events such as Oktoberfest, World Cup public parties, etc., show how the members of the board have used their authority to grant liquor permits for these events, while at the same time maintaining a controlled policy and environment. Events such as these create a better business situation for all merchants in the town of Vail. The liquor board, in my opinion, needs to continue to approve permits as long as a controlled situation is maintained. I also feel this is one way for me to give some time to the community that has provided me with the best place in the world to live. Thank you for your consideration. Si re David Chapin PO Box 1452 2618 Larkspur Lane Vail, Co, 81658 May 10, 1999 Vail Town Council Lorelei Donaldson, Town Clerk 75 South Frontage Road Vail CO 81657 Dear Lorelei: Please accept this letter as my intention to reapply for a position on the Town of Vail Liquor Board. Being a member of the Board for the last three years has allowed me to contribute some of my time to the community which I feel is important as a full time resident of Vail. I have attended a majority of all the meetings, with the exception of when I was out of town, and have been very supportive of the Police Department initiatives. I remain very interested in how our local establishments conduct their liquor business, because these venues are the way in which Vail is viewed by many of our visitors. We need to ensure that the environment if conducive to a positive experience for all involved. I look forward to continuing my tenure on the Liquor Board. If you have any further questions, please do not hesitate to call me. Thanks in advance for your help. Best regards, Kathy Vieth A PROFESSIONAL FIR,Nt OF MORTGAGE BANKERS AND FINANCIAL CONSULTANTS CORPORATE HEADQUARTERS: 27 MAIN STREET ? SUITE 109 ? PO Box 1589 ? EDwAiws, CO 81632 ? 970.926.6151 ? FAS: 970.926.7151 VAIL BRANCH: 108 SOUTH FRONTAGE ROAD WEST ? SUITE 306 ? VAIL, CO 81657 ? 970.477.2100 ? FAX: 970.477.2101 N1E,NlISE1(S OF TI-IE A1O1(TOAGE BANKERS ASSOCIATION OFADIEI(I(:A ? AN EQIJAL HOUSING OPPORTI INIn' LENDER OFFICE. IN VAIL ? FwC'AI(DS ? EAGLE ? STEAMBOAT SPRINGS ih country ealth are, P.C. Office Locations May 12. 1999 ] Breclu-ndd9e Medhrat Center Village Location 555 S. Park, Plana II P.O. Box 1292 Frisco, CO 80443 (970) 453-9000 (970) 453-5407 fax ] Breckenridge Family Care 400 N. Park, Ste. 1-A P O. Box 1292 Frisco, CO 80443 (970) 547-9200 (970) 547-4585 fax ]Frisco Family Prec6ce 101 W. Main St., Ste. 103 P.O. Box 1292 _ Frisco, 43 WhomIt Comm; (970) 668-5584 To ~Y (970) 668-0990 fax :]Snake River - Dillon I have been a member of the Town of Vail Liquor Licensing Atuhonly for the past six years. My 103 Main St. term of office is now• ending and I would blue to be co>asidered for another Om year term. P.O. Box 1292 Frisco, CO 80443 I k..:.,,.ate your time and consideration in this matter. (970) 468.1003 (970) 262-2195 fax ]Snake River - Keystone 1252 Cty. Rd. 8 P.O. Box 1292 Frisco, CO 80443 (970) 468.1440 (970) 262-9318 fax ]Summit OB-GYN 0018 Cty. Rd. 1030, Ste. 250 Sincerely P.O. 1292 - Fris Box Frisco, CO O 80 80443 ~ (970) 668-5771 (970) 668-2197 fax ]Summit Orthopaedics may C. T.rlrba 0018 Cty. Rd- 1030, Ste. 125 P.O. Box 1292 Frisco. CO 80443 (970) 668-3833 (970) 668-5052 tax ] Vail Orthopaedics 181 W. Meadow Dr., Ste. 800 Vail, CO 81657 (970) 476-7220 (970) 479.9166 fax ]Administrative Office 620 Main Street If 12 P.O. Box 1292 Frisco, CO 80443 (970) 668-1791 (970) 668-1792 fax Quality Health Care For The Mountains CXO_RAwAWkF T-A N E M Ll ;s 1 L 4" March 5, 1999 SENT VIA FAX TO: 479-2157 Lorelei Donaldson Town of Vail NE. 75 S_ Frontage Road West C Vail, CO 81657 i Dear Lorelei: It is my understanding the Town of Vail is seeking applications for an appointee to the Vail Valley Marketing Board. I wish to have my application considered and hope that I am not too late. I would like to be considered as an appointee to the Vail Valley Marketing Board for the following reasons: ` My family and 1 have been residents of the Vail Valley for the past ten years residing in Eagle Vail. ' 1 am well acquainted with the valley wide summer marketing program, having been involved with the marketing board itself since its early beginnings. In the past I have been a board member for two years, chaired the group sub- committee fin three years and was a staff member for live years as Vice President of'Sales & Marketing for the VVTCB. ' My knowledge of the ongoing strategies of the marketing board as well as my expertise in the group meetings market allows for continued planning and implementation without the need for being brought up to speed or going through a learning curve. ' My desire to promote the community to the benefit of our guests and locals alike has always been an intense passion and an enjoyable opportunity as evidenced by my career path while here in the Vail Valley. My experience within the tourism industry includes: ' Twenty one years in the hospitality industry as a Director of Sales & Marketing for such notable hotel companies as l loliday Hotels, Ramada Hotels, Sheraton Hotels and the Charter at Beaver Creek ' Five years as Vice President of Sales & Marketing for the VVTCB with primary responsibility for the group meetings sales program MAwNp: Pt) rkix ;TKO ¦ Vail, (,c) t11fi58 SNivwNO: 0311 Meualf Road ¦ Avon, CO 81G620 PW)Nr. HrlfL515-6363 . !l7o-!x49-91'7 X w FAx: 970 99!1-5031 ¦ F wAt: iiifoocnirxxorn i0'd Z£05 6b6 OL6 ssa.Adx3 uLvqunoW opv-aoLOO d££=£O 66-90--AeW ' One and a half years as Vice President of Sales & Marketing for Colorado Mountain Express ' Other accomplishments include: Past President of Destination Colorado, member of the Tourism Advisory Council at University of Colorado in Boulder and graduate of Ohio State University with a degree in Business Administration and Marketing Please advise me as soon as possible regarding acceptance of this application and the necessary interview process. Thank you for your consideration. Sin rely, J m :Fereldhaus icsident .-ales 8c Marketing I I I i ZO " d Z£05 6~6 OL6 ssa..tdx3 u ~ Q~unoW opQ..to ~ o' d££ = £O 66-50--aEW r a-01-1999 11:50AM FROM J C x•j 6 t i i Voil Athletic Club Hotel & Spa Los Utley Canaral lftzagor ~t . uanuary 11,: 1999 Pam Brandmeyer VIA Facsimile: (970) 479-2157 Town of Vail 75 South Frontage Road West Vail, Co 81.657 Cho y for Lorelei Donaldson 311199 Dear Vail Town. Council Members: I am writing to express my sincere interest in becoming a member of the Vail Valley Marketing Board- Having relocated with my wife to the town of Vail in-)ate September we quickly came to realize that this is the place we would like to call home for a very long time. To that end, I r. would like to commit myself to serving our community in a role that H can benefit from my extensive lodging marketing experience. I be' ieve that you will find my experience in hotel sales and marketing to be broad in scope and demonstrative of continual growth and advancement. I have had particular focus in the group segment and in high end luxury travel. Both.of these areas are critical to the ongoing successful development of- year round destination marketing plans for tine Vaal Valley. I have also had extensive experience in development and implementation of advertising and marketing plans. 1 air. prepared to make the time commitment necessary to pat cipate fully on the board- I look forward to having an opportunit to interview for this appointment so thaL I may learn more ab t your goals and so that I may better articulate my experience an qualifications. Sincerely,. Les Utley J 352 East MeaCow Drive Vail, Co 81657 Telephone (970) 476-0700 Facsimile (970) 476-6451 e-mail nlu@vail.net r:; 3-01-1999 11:51AM FROM p d Y oble L. Utley "Les" age Two Larion Hotel Cincinnati, Cincinnati, Ohio irector of Sales and Marketing 6/91 - 4/93 t,- vlanaged six Sales Managers, three Convention Service Managers with shared direction over eservations department and catering sales. 1 also had accountability for all aspects of marketing for both. '+Tooms and food & beverage. Carried out complete reorganization of all sales administrative support ystems including sales files, computer database, paper flow and front office/customer database analysis and direction of franchise support systems. Emphasis placed on training, development, otivation and direction of young sales staff' Received recognition from President of Richfield Hotels or outstanding strategies and sales activity. Annual group rooms consumed by the hotel averaged over 00,000 rooms annually. ~L*touffer Hotels and Resorts, Los Angeles, CA - Houston, TX °1 bireetor of Sales 8188-6191 L~Responsible for coordination of sales department, including all phases of reporting, forecasting, arketing plan as well as budget. Supervising eight sales managers, providing direction, development, raining and motivation. Direct sales responsibilities included Washington, D.C., New York, San • rancisco, Texas and professional sports. Focus on major corporate national accounts and associations- isson Hotels, Sandusky, OH Toledo, OH . Pirector of Sales 9/85 - 8/88 ? stablished pre-opening sales offices for two new hotel projects. Activities included all phases of market tudies, development of marketing plan as well as day-today advertising agency communications and evelopment of media plan. Responsible for full coordination of sales department, including reporting, P,foreca.sting, budgeting and staffing. Sales responsibilities included Ohio associations and key corporate accounts. Activities also included development of marketing plan, day-today advertising agency ommunications and development of media plan. Developed hotel pre-opening PR plans and successful ,opening events. yatt Hotels, Cincinnati, OH `Males Manager 7 /83 - 8/85 boined pre-opening sales office as first sales manager on staff. Sales responsibilities included national ;associations and corporate accounts. In this position I was able to meet and surpass my personal sales ?goals and was the leading booker of net group rooms booked. Received recognition from corporate Vice ,President of Sales for outstanding sales achievements. EDUCATION ;The University of Cincinnati, Cincinnati, OH '.Bachelor of Arts Degree 6183 Student Government Tribunal President ;Student Representative-Faculty Grievance Committee Vice Chairman--Activities / Events Committee Intramural Football and Softball k lei References available upon request CS'r April J, 1999 To Lori Lei Donaldson: Hello, my name is Meggen Bernstein and I am applying for the Vail Valley Marketing Board. As requested, following highlights my background and qualifications for this position. I was born and raised in Vail, living here for 13 years before moving to Denver with my family. Upon graduating with a Marketing Degree from Miami of Ohio, I returned to Vail 7 year's ago to be near the mountains and skiing again. I have experienced the growth and witnessed the many changes to the Vail Valley over the past 28 years. I have also become very knowledgeable, about the area as a whole including the amenities, activities, events and issues affecting tourism and the marketing of the valley. In addition to my personal experience and knowledge of the Vail Valley, I feel my past and current employment would also be an asset to the Marketing Board. During my first summer in Vail, I had the opportunity to intern at the Vail Valley Tourism & Convention Bureau in the Group Sales Department. Here, I was exposed to the group sales and marketing aspects within the Tourism & Convention Bureau, as well as within the individual lodging properties. During this internship, I also attended several Marketing Board meetings where I expanded my knowledge of tourism in the valley and the Board's marketing efforts. (I had always hoped I could someday contribute!) After working briefly at a property management company, I was employed by East West Resorts at the Poste Montane. Being a small staff, my responsibilities included everything from front desk and reservations to guest services and concierge. I also developed and implemented direct mailings to past guests and travel agents, as well as started a real estate career selling timeshare units. Upon being offered the position of Marketing Assistant for Slifer, Smith & Frampton/Vail Associates Real Estate, I left East West after two years. At SSFNA Real Estate, I was quickly promoted (after 2 weeks) to Marketing Director and became responsible for the overall marketing of the company, as well as each individual broker's properties. This involved placing weekly ads in all the newspapers, coordinating brochures and flyers, placing special magazine ads, working closely with an advertising agency, managing the marketing budget and producing the annual Portfolio of Properties. This experience taught me how to work with many different people, stay organized, meet deadlines and become multi-task oriented. After two years, I had the opportunity to move on to the career I had always wanted advertising! My current position as an Account Executive at Hill & Tashiro Marketing and Advertising has provided me with hands on marketing, advertising and public relations skills and qualifications that would enhance the Vail Valley Marketing Board. I work with a variety of clients (most of whom are tourism related), media personnel and vendors on a daily basis. As an account executive, I am also responsible for writing marketing, advertising and media plans, managing the client's budget, coordinating between the client and our creative department, overseeing the production of collateral materials, ads and website projects, and building relationships with our clients. My experience in this position, combined with my knowledge of tourism in the Vail Valley and throughout Colorado would be a great addition to the Vail Valley Marketing Board. I understand that you will be interviewing candidates for this position and I will contact you next week to follow-up and schedule a convenient time. If you would like to reach me, my home number is 926-2711 or my work number is 926-6700 ext. 261. Thank you for your consideration! S/iTe2c- erely, 2 a~iC~ ` n B dtleoiii no ASo17z.et1,?11zg Special zzetlaciz Special F~fbrL4 a~ y I~~ Adl'aeiaaeAurgn7vir :)v the Children's Fountain b\ the Children's Fountain ~h. ~JOvlalha?I , - r'1~ vlawlc i5 ~dvi~~tne Kih~w~a~l. z would I?K~.-~ bc. c o vl s 1 v-c "I c L4 a ti T~,E Vail Val It Ll A vv1 tt l e vv? a vi v~ ? a a- ?~C a t 5A-n v e l ~~t l Vi I~r~ge Cdtled So~-~i~~ Social . MN MavKe-i VA ex Feyl'tV1 ce CC) WIeS '0?~?^ I D alp 5 0 V--C +0 1 VVA cc L-A A I -C W1e- VIL ~ -FO v s vt CL-lt COwt,Pa V1 I e S as NaLk-4-i c A avkci JDpies Kcvv LI-o? < . T at,,o ~Ave-., -"'7 X FCVI.-C vIC& aS a C 6 V -F avCk- Lf eiVL j +A u~ h LSD n~ u c_k ! ( o wI L4 j o b5 I~ a v6 h a( Cre cc -4vC k)ac~S (n a b c cam. f -~u ~ d va I s ~ ~ 9 ~ d -~i' y S~a L/ y w1 ac ~ucl yef T wouIJ VtV~ w~uC,~j (i 1CX -f-o con+Vj)OC f- as MLA, 6 , a S c a -E-a ~ r~ e vl +i ? ~ 9 ~'!'t.c v a , c l \ / a I l e y T?is vai(~e,~ i S wee r~ psi v (-edged +D 0 w V1 o vvl a~ d a K.e C i v I' v1 q. + - a l l S +0 all O{ L4 i Q a s wl u c/1, 9 D 0 U YS e( Vt S as vJlf, C a m. -F ~-e+ W jf Tk Ll Kwj 201 F. i.-l Gore Creck Drirv 9 fili1. CtAlmAI SIO 0 Pbanw/Fa.r (970) 476-851-9 Vail Elections Municipal 1997 3266 registered voters 319 voted 1k)% 6 candidates Special 1996 3616 registered voters 362 voted 10% 2 candidates Municipal 1995 3553 registered voters 982 voted 28% 10 candidates Special 1995 3421 registered voters 692 voted 20% Gun Ban Question & CemetAry General 1994 2637 registered voters 1,364 voted 52% Municipal 1993 2887 registered voters 923 voted 32% 7 candidates Municipal 1991 2522 registered voters 833 voted 33% 9 candidates Municipal 1989 2846 registered voters 1,042 voted 37% 12 candidates Municipal 1987 2537 registered voters 981 voted 39% 9 candidates Municipal 1985 2403 registered voters 358 voted 15% 8 candidates F:ITWNCLERKIWPFILESIELECTIONIHISTORY.DAT rC 1160 . dMICHAEL MARTIN MURPHEY'S COLORADO WESTFEST AUGUST 28 - SEPTEMBER 6, 1999 PRESENTATION TO: VAIL TOWN COUNCIL MAY 18, 1999 The Denver Post Michael Martin Murphey MIrkaeJ Martintumhey's ESTFEST 999 Colorado WestFest ® Granby, Colorado at Silver Creek Featuring: ? Rangeland Rendezvous - August 28th to September 3rd ? Colorado Trail Benefit - The evening of September 3rd ? Music Stars Weekend - September 4th, 5th, and Labor Day Monday, the 6th MIthaG fitartiti turpt~y s atis a Wh ESTFEST WestFest? tr. .y t 1,;d / 1 1 t krt is . 1j y r ( rrx ? A Celebration of the Art, History, Traditions, and Music of the Old and New West. ? "The best festival in the Nation." Country Music Magazine. ? A chance to "learn a lifestyle" and immerse yourself in the culture of the North American West. Michael Martin Hurp"'s OTFEST, WestFest Is... ? ESTABLISHED 1987: 1999 will be the Thirteenth Annual WestFest ? CREDIBLE: WestFest is true to its fans and the traditions of the West in the spirit of Buffalo Bill's Wild West Show. ? VALUE : - The 1998 WestFest was a tremendous entertainment value including your host, Michael Martin Murphey, perfoinling each day and featuring major national acts: Lyle Lovett, Ian Tyson, Chris LeDoux, Deana Carter, Dan Fogelberg, Mark Chesnut, Dixie Chicks, R.Carlos Nakai, Hal Ketchum, Suzy Bogguss, Riders in the Sky, Sons of the San Joaquin, Baxter Black, Junior Brown - Visitors leave rejuvenated, inspired and with gratitude for the event. and its sponsors. ? A FULL DAY: Fans come early and stay late ensuring that they see their favorites and get the most out of the Festival Grounds at Rangeland Rendezvous and Music Stars Weekend. ' ,z Mlrhael Martin t~trphey s WestFest Is... t l WFEIT, during the Rangeland Rendezvous ? Celebrate WestFest with a Week of Summer Fun ! - Breakfast Trail Rides, Horsemanship and Packhorse Clinics, Learn to Rope, or hone your western skills. Activities vary from rodeo, to the finest Western art, authentic cowboy gear built by masters you can visit with, and a chance to try your hand at traditional skills from rawhide braiding, horsehair hitching, Native American flute building and playing, Chuck wagon cooking, outdoor photography, the joys of the creative life and more. Workshops are fully accredited by the University of New Mexico-Taos. ? All Centered Around the WestFest Festival Grounds - featuring a Mountain Man Rendezvous, a Native American encampment, the WestFiesta Hispanic Village, a Cowboy Camp, Buffalo Soldiers, a Rocky Mountain Ag Fair, and the Rodeo Arena. ? All-Day Exhibits, Shopping, and Activities topped off with Evening Concerts and Dances Michael Marlin Murpt*7WestFest Is... ESTFEST during the Music Stars Weekend ? Main Stage Music - from Mid-day to Evening on an Outdoor Stage surrounded by 150 or more Exhibitors, Cultural Villages, Rodeo and Food. Talent at WestFest has included Ian Tyson, Chris LeDoux, Willie Nelson, Lyle Lovett, Dan Fogelberg, Suzy Bogguss, Merle Haggard, Clint Black, and many more e The undisputed Best of everything Western. along with art, crafts, clothing, tack, gear, Mountain Man camps and period trade goods, Fireworks, Native American dancing, music, and storytelling; rodeo and horse events, trail rides, cowboy poetry, chuckwagon cooking, Buffalo Soldiers, authentic Western food, crafts, arts and traditions... Who's Coming Michael Martin MUmhey's ` ESTP91T, and How Many? ? Demographic Skew -18-24 6% -25-34 28% -35-49 50% -50+ 16% e 44% Male, 56% Female, 61% Family ? Middle to High Income 40 year olds with Kids & Parents ? Western Aficionados, Shoppers, & Horse Owners - One out of three Americans identify themselves as Western Enthusiasts ? Projected 1999 1-0-Day Attendance: 30,000+ .r Mlra'e1 Martin hturphQy's When and ESTFEST . w here in 1999? ? The Colorado WestFest Plays'lon, Granby, Colorado at Silver Creek. - WestFest Rangeland Rendezvous Begins: August 28, 1999 - WestFest Music Stars Weekend: September 4, 5, 6, 1999 - Festival Duration: August 28, 1999 thru September 6, 1999 W f Michael Martin Murphey 's Wh Q Is Michael ESTFEITZ Martin Murphey? ? Founder of WestFest ? Winner of Academy of Country Music Award (ACM) ? Country Music Association Award finalist (CMA) ? 14 time recipient of the Special Citation of Achievement Award from Broadcast Music Inc. (BMI) ? 5 time winner of the Western Heritage Wrangler Award (Cowboy Hall of Fame) ? Winner of the U.S. Forest Service Golden Smokey Award (highest civilian award) ? Winner of the Will Rogers Award ? Winner of the Rounder Award 1990-1994 ? New Mexico Governor's Award: Best Selling Cowboy Singer in the World ? 3 time winner of the New Mexico Country Music Association Award ? 24 Albums including 2 gold records ? 22 top ten hits in the US and Canada on Pop and Country music charts including the hits "Wildfire", "Geronimo's Cadillac", "Carolina In The Pines" and "Cowboy Logic" ? Co-founder, Warner/Western Records, division of Warner Brothers, 1989 ? Founder of WestFest Records, 1998 ? Honorary lifetime membership in the American Quarter Horse Association ? Adjunct Professor at Utah State University ? Adjunct Professor at University of New Mexico - Taos ? Multiple music videos and nwnerous film and national television sound scores and appearances including his own "Sagebrush Symphony" (PBS/1995) ? Featured artist on multiple national radio specials including WestFest and Cowboy Christmas national radio special projects (cumulative 1998 specials listenership at 5 million) ? An average annual schedule includes 200 performance dates, nation wide and Canada VAIL TOWN COUNCIL - MINUTES TUESDAY, APRIL 20, 1999 7:00 P.M. The regular meeting of the Vail Town Council was held in the Town Council Chambers on Tuesday, April 20, 1999. The meeting was called to order at approximately 7:00 P.M. COUNCIL MEMBERS PRESENT: Rob Ford, Mayor Ludwig Kurz, Mayor Pro-Tem Michael Arnett Michael Jewett Sybill Navas COUNCIL MEMBERS ABSENT: Bob Armour Kevin Foley STAFF MEMBERS PRESENT: Pam Brandmeyer, Assistant Town Manager STAFF MEMBERS ABSENT: Bob McLaurin, Town Manager Tom Moorhead, Town Attorney The first item on the agenda was Citizen Participation. There was no citizen participation. Prior to going to the next agenda item, Mayor Rob Ford explained that the applicant for agenda item number four, regarding the Marriott, has requested first reading of Ordinance No. 10, Series of 1999, be tabled to the next meeting of May 4, 1999. The applicant wants to meet with concerned citizens and neighbors and members of the Design Review Board prior to the next meeting. Chuck Madison, representing the Marriott, will be available to speak to anyone about the concerns prior to the May 4, 1999 meeting. Council member Mike Arnett made a motion to table Ordinance No. 10, Series of 1999 to the Town Council meeting of May 4, 1999; Council member Sybill Navas seconded the motion. A vote was taken and the motion passed unanimously, 5-0. The second item on the agenda was a Presentation of Vail Youth Recognition and Vail Valley Youth Ambassador Awards. Mayor Rob Ford presented the 1999 Vail Youth Recognition Award to Laura Haslee of Battle Mountain High School and Whitney Hopkins of Vail Mountain School. Each student received the award, as well as a $1,000 college scholarship. Mayor Ford also presented the 1999 Vail Valley Youth Ambassador Award to Emily Sargent of Battle Mountain High School and Jared Staber of Vail Mountain School. Each student received the award plus airfare to and from Mt. Buller, Australia, plus $500 each in traveling expenses. Mt. Buller is Vail's sister resort in Australia. 1 Vail Town Council Minutes April 20, 1999 The third item on the agenda was a slide presentation to illustrate the existing development standards of properties in the Public Accommodation (PA) Zone District. Mayor Rob Ford said the community could contact the Town offices to add their comments or to as questions about this item. George Ruther, Town Planner, stated Tom Braun gave a slide presentation to the Planning and Environmental Commission (PEC) at their March 8, 1999 meeting. The slide presentation illustrated the various impacts of each of the development standards (setbacks, site coverage, landscaping, etc.) on the development of a site in the Public Accommodation Zone District. The applicant anticipates going to the PEC on May 24, 1999. Staff believes that the slide presentation will be informative to the Council and the community. He handed out development statistics to the Town Council and made copies available to those present in the audience. Tom Braun, an independent planning consultant, gave a brief slide presentation to the Town Council and explained how this impacts the PA Zone District regulations. He said the proposed changes would add qualitative components to the PA zone district along with the quantitative elements. He focused on PA sites in Vail Village, explaining the PA details of each site, starting west going east. The formal review process will begin with the PEC in May, and then coming before the Town Council in June or July. Mayor Rob Ford explained that various properties in Vail Village have undergone rezonings through the Special Development District (SDD) process in the past. Over the years SDD's have been allowed. There is not a lot of cohesiveness or similarities in projects that have been approved over the years. He said this effort to amend the code is to codify what has been taking place over the years, to put the process in writing so the developers and the community around them will know what can be built. He said this item would go to the PEC on May 24, 1999. Jim Lamont, representing the East Village Home Owner's Association (EVHOA), stated some of the members of this association who are in the room may want to speak to the Council also. He said there are concerns with this proposal. Some neighborhoods seem to have general consensus that prior to any density increases, other concerns need to be addressed first. The EVHOA has been critical of some of the proposals in the past. There are more than just PA zoned properties that would be affected by this Ordinance. The affects on other properties and the compatibility with these properties must be addressed. He said the EVHOA wants equal treatment between PA properties and other zone districts. He asked how do you solve other problems first before addressing density issues. He said the Vail Village Master Plan identifies sites that have changed the zoning through the SDD process and wants the Vail Village Master Plan used as the guide for future changes. He said the last thing we want to show the world is growth for growth's sake. He said that growing for a purpose such as staying competitive and still recognizing the value of what was built in Vail Village doesn't mean to destroy it to save it. He voiced there are certain sites that could take redevelopment such as the Chateau at Vail and the Vail Village Inn, but to cast all PA properties into same mold is a mistake. He also said the public notice system needs to change also. Currently the process only requires that public notice be mailed to the manager of an adjacent property. When you change Vail Village significantly, it would be better to communicate with all property owners on individual unit by unit basis. This would help build trust between all parties, there needs to be better rapport 2 Vail Town Council Minutes April 20, 1999 between the town and the community. He said if anyone could do this, this Council could. Mayor Rob Ford thanked Jim for thinking this Town Council can solve a problem that has been around for 30 years. Diane Milligan, the manager of the Ramshorn Condominiums, read a letter from the President of the Board regarding the Public Accommodation issue. The association is opposed to the proposed changes. They are not opposed to change but the changes need to be carefully planned and reviewed on a case by case basis. If there are changes in the PA zoning; there will be no going back and the impacts may be irreversible to smaller properties. Carol Allman, the manager of the Galatyn Lodge, agreed with Jim Lamont and said there is a necessity to solve other concerns first before solving the density issues. She said there is a need to improve a lot of things in the Village, but bigger is not always better. She stated that giving more or less blanket approval to developers is not a good thing. Going through the lengthy approval process is the only way affected properties can have an opportunity to have a voice in the process. She said she doesn't want Vail to start looking like Beaver Creek with little to no landscaping. She doesn't want the character of the Village to change. Steve Rosenthal, owner of a store in the Village, said the Council has a very difficult task ahead. He said the number one false statement is that nothing is broken. He stated the sales tax revenue is down and there is a need to find a way to increase revenues. He feels there is a need to take care of the primary issue of more beds in the Village, and the other issues can be taken care of later. He stated that Beaver Creek revenues are up and if the trend continues there will be no reason for people to come to Vail. He said if Vail doesn't react to the situation, the town will not survive. The trend of decreased sales revenue will continue if the Town Council doesn't react. He said he doesn't think the Frontage Road developments should have any restrictions. He said the money will come from the tourists and accommodations need to be addressed immediately. Mayor Rob Ford explained that over 50% of the revenues come from sales tax revenue. Carol Allman, said there is an interesting statistic she found. Aspen Ski Resort runs the ski mountain only, and the skiing statistics were down 20% but the sales tax revenue was up 56%. She said this is food for thought and to not blame it on the mountain. The fourth item on the agenda was first reading of Ordinance No. 10, Series of 1999, an ordinance repealing and re-enacting Ordinance No. 17, Series of 1995, Special Development District No. 7, The Marriott's Mountain Resort at Vail, amending and re-establishing the Approved Development Plan in accordance with Section 12-9A-10 of the Zoning Regulations to allow for the interior and exterior remodel of the existing hotel and the construction of the Gore Creek Club, and setting forth details in regard thereto. This item was Tabled to the May 4, 1999 meeting (see item after citizen participation) 3 Vail Town Council Minutes April 20, 1999 The fifth item on the agenda was first reading of Ordinance No. 11, Series of 1999, an ordinance repealing and re-enacting Ordinance No. 23, Series of 1998 and Ordinance No. 1, 1999, to provide for amendments to Development Area A, Cascade Village, that concern the Approved Development Plan for the Westhaven Condominiums Development Site and the accessory and conditional uses allowed in the Vail Cascade Club & Hotel, and setting forth details in regard thereto. The Town Council reviewed the ordinance at their afternoon work session. George Ruther, Senior Town Planner, stated on January 11, 1999, the Planning & Environmental Commission (PEC) reviewed and recommended approval of a major amendment to Special Development District No. 4 to allow for the construction of eleven fractional fee club units, seventeen accommodation units and twenty-one employee housing units on the site of the "Ruins". George said the changes were listed on page 5 of the memorandum of January 11,1999. He stated there are eleven conditions of approval by PEC, which included a condition that if the applicant did not build on the site, the "Ruins" would have to be removed. The applicant will have to post a bond with town to provide for this condition. Further discussion ensued. Council member Ludwig Kurz asked George to clarify the number of parking spaces. He said this development should have 74 on-site parking spaces and the project only has 52. What happened to the other spaces? George stated the fractional fee units were reviewed comparable to accommodation unit requirements which allowed for less parking spaces. Council Member Ludwig asked if the bond of 125% to demolish the "Ruins" would bring the site back to natural landscape, including revegetation of the site and removal of the concrete on site now. George said staff could amend the ordinance to read restore and revegetate as well as remove. Council member Sybill Navas asked if the landscaping included the parking lot area. George stated that it doesn't include parking lot area. Council member Sybill Navas asked about the parking pay-in-lieu. George said one of the options is a pay-in-lieu for parking not on-site. He said the EHU's are all one bedrooms on the first floor. Carol Hymers, representing the Glen Lyon Homeowners Association, requested the wording on the bond be added per the previous discussion with Council member Ludwig Kurz. George reiterated the developer would either establish a letter of credit with a bank in Eagle County or with the Town of Vail. 4 Vail Town Council Minutes April 20, 1999 Council member Mike Arnett made a motion to approve Ordinance No. 11, Series of 1999 on first reading, and Council member Ludwig Kurz seconded the motion. Further discussion ensued. Council member Mike Jewett stated the updated plans didn't get reviewed by Council or from the audience prior to this evening and asked if there were any reasons for the community to review the plans. George Ruther stated this item has been before the community no less than 12 times prior to coming before Town Council and the plans have not changed significantly. Council member Mike Arnett said the PEC and DRB did an outstanding job of bringing this project to fruition and the project is better than it was in 1995. Council member Sybil[ Navas asked about the parking plan. George said the parking plan has 37 enclosed spaces and 15 exterior spaces. Council member Sybill Navas said she wants to make sure the parking is correct and supports the PEC recommendation on parking. Council member Ludwig Kurz requested that the motion be amended to add the wording to condition #10 to add revegetation and removal of the concrete to the condition. Council member Mike Arnett amended his motion to include the modification on condition #10 and was seconded by Council member Ludwig Kurz. A vote was taken and the motion passed, 4-0. Council member Sybill Navas did not vote. Council member Mike Jewett said Council member Sybill Navas couldn't abstain from voting. Council member Sybill Navas said she had wanted additional clarification and information before she voted. Pam Brandmeyer, Assistant Town Manager, said the Council couldn't change their vote once the item had been voted on, but suggested the Council could revisit the issues Council member Sybill Navas had on this ordinance and vote again when the ordinance came back to Council for second reading. The sixth item on the agenda was second reading of Ordinance No. 7, Series of 1999, an Ordinance Annexing An Area Commonly Known As Arosa/Garmisch, And Setting Forth Details In Regard Thereto. 5 Vail Town Council Minutes April 20, 1999 Russell Forrest, Community Development Director, stated this is the second reading of the ordinance. There is an addition to the ordinance adding an easement. The employee housing and park will be developed simultaneously, as part of the same development plan. Council member Ludwig Kurz made a motion to approve Ordinance No. 7, Series of 1999 on second reading, and Council member Sybill Navas seconded the motion. A vote was taken and the motion passed unanimously, 5-0. The seventh item on'the agenda was second reading of Ordinance No. 8, Series of 1999, an Ordinance Amending The Official Zoning Map For The Town Of Vail In Accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Applying Zone District Designation To A Portion Of Unzoned Property Previously Owned By The United States Forest Service And Transferred To The Town Of Vail Pursuant To The Land Ownership Adjustment Agreement And Annexed By Ordinance No. 7, Series Of 1999 To Outdoor Recreation (Or) District, Section 12-8b For Property Generally Located On The North Side Of Arosa Drive, And Abutting 2497 And 2487 Garmisch To The East And The Town Manager's House To The West More Fully Described As An Unplatted Portion Of The SE SE Y4, SE %4, SW % Of Section 11, Township 5 South, Range 81 West. Russell Forrest, Community Development Director stated the added land that would go into outdoor recreation zoning. He said there would be an Open Space Committee meeting on April 30, 1999 at 9:00 a.m. to develop.its recommendations to the Town Council. Council member Sybill Navas made a motion to approve Ordinance No. 8, Series of 1999 on second reading, and Council member Mike Arnett seconded the motion. A vote was taken and the motion passed unanimously, 5-0. The eighth item on the agenda was second reading of Ordinance No. 9, Series of 1999, an ordinance rezoning four tracts from primary/secondary to residential cluster located at 2497, 2487, 2485 and 2477 Garmisch Drive, also known as Lots 1, 2, 3 and 4, Block H, Vail Das Shone, Filing No. 2. Russell Forrest, Community Development Director stated there were no changes from the first reading of this ordinance. Council member Sybill Navas asked what level of permanence was there on the easement. Russell said the easement would go with the land in perpetuity and is not subject to change per the Town Attorney, Tom Moorhead. Council member Mike Arnett made a motion to approve Ordinance No. 9, Series of 1999 on second reading, with conditions of any replatting, and a public easement be added, and Council member Sybill Navas seconded the motion. A vote was taken and the motion passed unanimously, 5-0. The ninth item on the agenda was the Town Manager's Report. There was nothing further to report. 6 Vail Town Council Minutes April 20, 1999 l Council member Mike Arnett offered the community's-sympathy and condolences to the victims and families of Columbine High School in Littleton, Colorado. As there was no further business, a motion was made by Council member Mike Jewett to adjourn the meeting and Council member Ludwig Kurz seconded the motion. A vote was taken and the motion passed unanimously, 5-0. The meeting was adjourned at 8:30 p.m. Respectfully submitted, Rob Ford Mayor ATTEST: Lorelei Donaldson Town Clerk 7 Vail Town Council Minutes April 20, 1999 TOWN OF VAIL ORDINANCE NO. 13 Series of 1999 AN ORDINANCE OF THE TOWN OF VAIL, EAGLE COUNTY, COLORADO GRANTING A FRANCHISE TO HOLY CROSS ENERGY, ITS SUCCESSORS AND ASSIGNS, TO LOCATE, BUILD, INSTALL, CONSTRUCT, ACQUIRE, PURCHASE, EXTEND, MAINTAIN, REPAIR AND OPERATE INTO, WITHIN AND THROUGH THE TOWN OF VAIL, ALL NECESSARY AND CONVENIENT FACILITIES FOR THE PURCHASE, GENERATION, TRANSMISSION AND DISTRIBUTION OF ELECTRICAL ENERGY, AND TO FURNISH, SELL AND DISTRIBUTE SAID ELECTRICAL ENERGY TO THE RESIDENTS OF THE TOWN OF VAIL FOR LIGHT, HEAT, POWER AND OTHER PURPOSES BY MEANS OF CONDUITS, CABLES, POLES AND WIRES STRUNG THEREON, OR OTHERWISE ON, OVER, UNDER, ALONG, ACROSS AND THROUGH ALL STREETS AND OTHER PUBLIC WAYS IN SAID TOWN OF VAIL, AND FIXING THE TERMS AND CONDITIONS THEREOF. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: i TABLE OF CONTENTS SHORT TITLE 1.1 DEFINITIONS 2.1 Town 2.2 Company 2.3 Council 2.4 Facilities 2.5 Public Easements 2.6 Private Easements 2.7 Residents 2.8 Revenues 2.9 Streets and Other Public Ways GRANT OF FRANCHISE 3.1 Grant of Right to Serve 3.2 Scope of Grant 3.3 Service to Town Facilities 3.4 Duration of Franchise SPECIFIC ELEMENTS OF GRANT 4.1 Recreational Areas 4.2 Trees and Shrubs 4.3 Location of Company's Facilities 4.4 Restoration of Public and Private Improvements 4.5 Use of Facilities 4.6 Relocation of Overhead Facilities 4.7 Compliance with Town Requirements 4.8 Town Review of Construction and Design 4.9 Capital Improvement Projects 4.10 Maintenance of Facilities 4.11 Town Not Required to Advance Funds 4.12 Scheduled Interruptions 2 RATES, REGULATIONS, UNIFORMITY OF SERVICE, AND UPGRADES 5.1 Furnishing Electrical Energy 5.2 Facility Upgrades 5.3 Reliable Supply of Electricity 5.4 Changes in Rates and Service 5.5 Maps and Regulations 5.6 Subdivision Review 5.7 Compliance with Laws USE OF COMPANY FACILITIES 6.1 Use of Poles by Town INDEMNIFICATION AND POLICE POWER 7.1 Town Held Harmless 7.2 Police Power Reserved FRANCHISE FEE 8.1 Franchise Fee 8.2 Franchise Fee Payment in Lieu of Other Fees 8.3 Payment 8.4 Revenue Audit 8.5 Correction of Underpayment/Overpayment 8.6 Occupancy Tax Alternative 8.7 Payment of Expenses Incurred by Town in Relation to Ordinance 8.8 Termination of Franchise REPORTS 9.1 Reports 9.2 Change of Franchise Fee 9.3 Copies of Tariffs ADMINISTRATION 10.1 Amendments 10.2 Revocation of Privileges by Condemnation 10.3 Compliance Impaired 10.4 Company's Failure to Perform 10.5 Ownership of Facilities 10.6 Transfer of Rights 10.7 Removal of Facilities 10.8 Non-renewal of Franchise; Alternative Electric Service 3 COMMUNITY ENHANCEMENT FUND 11.1 Purpose 11.2 Payments to the Fund 11.3 The Fund 11.4 Payments from the Fund 11.5 Audits 11.6 Forfeiture of Enhancement Funds 11.7 Advances of Funds UNDERGROUNDING 12.1 Town Policy 12.2 Customer's Request 12.3 Town Requested Undergrounding 12.4 Relocation of Underground Facilities MISCELLANEOUS 13.1 Changes in Utility Regulation 13.2 Successors and Assigns 13.3 Representatives 13.4 Severability 13.5 Entire Agreement APPROVAL 14.1 Town Approval 14.2 Company Approval 4 ARTICLE 1 SHORT TITLE 1.1 This Ordinance shall be known and may be cited as the "Holy Cross Energy, Franchise Ordinance." ARTICLE 2 DEFINITIONS For the purpose of this Ordinance, the following terms shall have the meaning given herein: 2.1 "Town" is the Town of Vail, Eagle County, Colorado, the municipal corporation as is now constituted or as the same may be enlarged or expanded from time to time through annexation. 2.2 "Company" refers to Holy Cross Energy, a Colorado corporation, its successors and assigns. 23 "Council" refers to the legislative body of the Town, known as the Town Council of the Town of Vail, Colorado. 2.4 "Facilities" refers to all overhead and underground electric facilities, buildings, and structures necessary to provide electricity into, within and through the Town of Vail including, but not limited to, such essential apparatus, appliances, plants, systems, substations, works, transmission and distribution lines and structures, anchors, cabinets, cables, conduits, guy posts and guy wires, meters, microwave and communication facilities, overhead and underground lines, pedestals, poles, regulators, sectionalizers, switchgears, transformers, various pad mounted and pole mounted equipment, vaults, wires, and all other related electrical equipment required for the distribution, generation, maintenance, operation, purchase, and transmission of electrical energy. 2.5 "Public Easements" refers to easements created and available for use by any public utility for its facilities. 2.6 "Private Easements" refers to easements created and available only for use by the Company for its facilities, or by the Company and other selected users or utilities. 5 17 "Residents" refers to and includes all persons, businesses, industry, governmental agencies, and any other entity whatsoever, presently maintaining a residence, business, farm, ranch or other enterprise located within, in whole or in part, the boundaries of the Town. 2.8 "Revenues", unless otherwise specified, refers to and are the gross amounts of money that the Company receives from its customers within the Town from the sale of electrical energy for any particular period of time. 2.9 "Streets and Other Public Ways" refers to streets, alleys, viaducts, bridges, roads, lanes and other public ways in the Town, subject to limitations stated herein. ARTICLE 3 GRANT OF FRANCHISE 3.1 Grant of Right to Serve. Subject to the conditions, terms and provisions contained in this Franchise, the Town of Vail hereby grants to the Company an exclusive right, privilege and authority to locate, build, install, construct, acquire, purchase, extend, maintain, repair and operate into, within and through all of the Town boundaries all necessary and convenient facilities for the purchase, generation, transmission, and distribution of electrical energy. Such grant is made together with the exclusive right and privilege to furnish, sell, and distribute said electrical energy to the Residents of the Town for light, heat, power and other purposes. 3.2 Scone of Grant. Such grant includes the right and obligation to furnish electrical energy either overhead, on poles and wires, or underground, or otherwise, on, over, under, along, across and through any and all Streets and Other Public Ways, on, over, under, along, across and through any extension, connection with, or continuation of, the same and/or on, over, under, along, across and through any and all such new Streets and Other Public Ways as may be hereafter laid out, opened, located, or constructed within the boundaries of Town. The Company is further granted the right, 6 privilege and authority to excavate in, occupy and use any and all Streets and Other Public Ways and Public Easements. Any such excavation, occupation and use must be in accordance with Town standards and regulations, and will be undertaken under the supervision of the properly constituted authority of the Town for the purpose of bringing electrical energy into, within and through the Town and supplying electrical energy to the Residents. 33 Service to Town Facilities. The Town hereby grants to the Company the exclusive right, privilege, and authority to provide street and security lighting to the Town, and to serve all Town owned or operated structures, plants, equipment, or Town apparatus and facilities, including the right, privilege, and authority to furnish, sell, and distribute electrical energy necessary for such. 3.4 Duration of Franchise. This Ordinance shall be in full force and effect from and after its passage as by law required and the terms, conditions and covenants hereof shall remain in full force and effect for a period of twenty (20) years from and after such enactment. ARTICLE 4 SPECIFIC ELEMENTS OF GRANT 4.1 Recreational Areas. The Company shall not have the right to locate, build, or construct facilities under, across, or through public -parks. or recreational areas, open space or other Town owned property located within the Town except as expressly set forth in this Franchise or upon prior written approval granted by the Town Council. Said approval shall not be unreasonably withheld. 4.2 Trees and Shrubs. The Company shall have the right to trim or cut down such trees and shrubbery and to control the growth of the same by chemical means, machinery, or otherwise, only as may be reasonably necessary to protect its facilities and in a manner to minimize damage or interference to trees, shrubbery and other natural features according to custom and usage within the Industry. 7 4.3 Location of Comnanv's Facilities. Wherever reasonable and practicable, the Company will endeavor to install its facilities within Public Easements. The Company shall locate its facilities within the Town so as to cause minimum interference with any of the Town's facilities or property, including without limitation water lines, sewer lines, storm drains, and the proper use of Streets and Other Public Ways, and so as to cause minimum interference with the rights or reasonable convenience..of _ property owners whose property adjoins any of the said Streets and Other Public Ways. 4.4 Restoration of Public and Private Improvements. Should it become necessary for the Company, in exercising its rights and performing its duties hereunder, to interfere with any sidewalk, graveled or paved street, road, alley, water line, sewer line, storm drain, or any other public or private improvement, the Company shall at its own expense and in a quality workmanlike manner, repair or cause to be repaired and restored to its original condition such sidewalk, graveled or paved street, road, alley, water line, sewer line, storm drain, or other public or private improvement after the installation of its facilities, provided, however, that upon failure of the Company to do such required repairs within a reasonable time and in a workmanlike manner, the Town may perform the required work and charge the Company for all reasonable costs thereof. 4.5 Use of Facilities. The Company shall. have the right to make such use of its facilities and other property owned by the Company, for uses other than the uses contemplated in this Franchise Ordinance, as it deems proper so long as such other uses do not interfere with its ability to supply electrical energy. 4.6 Relocation of Overhead Facilities. If at any time it shall be necessary to change the position of any overhead electrical facilities of the Company to permit the Town to lay, make or change street grades, pavements, sewers, water mains, storm drains, or other Town works, such changes shall be made by the Company at its own expense, after reasonable notice from the Town. 8 4.7 Compliance with Town Reauirements. The Company shall comply with all Town requirements regarding curb and pavement cuts, excavating, digging and related construction, maintenance and operational activities. If requested by the Town, the Company shall submit copies of reports of annual and long-term planning for capital improvement projects with descriptions of required street cuts, excavation, digging and related construction activities within thirty (3.0) days after issuance. of such request. 4.8 Town Review of Construction and Desien. Prior to construction of any significant facilities within the Town, as determined jointly by the Company and Town, the Company shall furnish to the Town the plans for such proposed construction. Upon request, the Company shall assess and report on the impact of such proposed construction on the Town environment. Such plans and reports may be reviewed by the Town to ascertain, inter alia, (1) that all applicable laws including building and zoning codes, air and water pollution regulations are complied with, (2) that aesthetic and good planning principles have been given due consideration, and (3) that adverse impact on the environment has been minimized. 4.9 Capital Improvement Proiects. The Company and the Town shall endeavor to inform one another of any capital improvement projects anticipated within the Town that may impact the facilities or operations of either party. The party proposing such capital improvements shall inform the other party of the nature of such improvements within a reasonable time after plans for such improvements have been substantially formulated. Each party shall cooperate in the timely exchange of all necessary information, design data, drawings, and reports to properly assess and evaluate the potential impacts of said improvements. 4.10 Maintenance of Facilities. The Company shall install, maintain, repair, replace, and upgrade its facilities to ensure both the adequacy of, and quality of, electric service to the Town and all 9 Residents. All excavation and construction work done -by or under the authority of the Company shall be done in a timely and expeditious manner which minimizes the inconvenience to the Town and all Residents. 4.11 Town Not Reauired to. Advance Funds. Upon receipt from the Town of an authorization to proceed, and a promise to pay for construction, the Company shall extend its facilities to the Town for municipal uses therein or for any municipal facility outside the boundaries of the Town and within the Company's certificated service area, without requiring the Town to advance funds prior to construction. 4.12 Scheduled Interruptions. The Company shall, whenever possible, give notice, either oral or written, to the Town and its affected Residents, of planned service interruptions of significant duration. ARTICLE 5 RATES. REGULATIONS ITNIFORMITY nF SERVICE, AND UPGRADES 5.1 Furnishine Electrical Enerav. The Company shall furnish electrical energy within the boundaries of the Town, and to the Residents thereof at Company's applicable and effective rates and under the terms and conditions set forth in the Rate Schedules, Standards for Service, Rules and Regulations, and Service Connection and Extension Policies, adopted by and on file with the Company, subject only to regulations thereof as is provided by law. The Company shall not, as to rates, charges, service, facilities, rules, regulations or in any other respect, make or grant any preference or advantage to any resident, provided that nothing in this grant shall be taken to prohibit the establishment from time to time of a graduated scale of charges and classified rate schedules to which any customer coming within an established classification would be entitled. 5.2 Facilitv Unerades. The Company shall, from time to time, during the term of this Franchise make such improvements, enlargements and extensions of its facilities incorporating, when reasonable and 10 practical, technological advances within the industry as the business of the Company and the growth of the Town justify, in accordance with its Standards for Service, Rules and Regulations, and Service Connection and Extension Policies for electric service currently in effect and on file with the Company, subject only to regulations thereof as is provided by state and federal law. 5.3 Reliable Sunnly of Electricitv. The Company shall take all reasonable and necessary steps to. provide an adequate supply of electricity to its customers at the lowest reasonable cost consistent with long-term reliable supplies. If the supply of electricity to its customers should be interrupted, the Company shall take all necessary and reasonable actions to restore such supply within the shortest practicable time. 5.4 Changes in Rates and Service. The Company, from time to time, may promulgate such rules, regulations, terms and conditions governing the conduct of its business, including the use of electrical energy and payment therefor, and the interference with, or alteration of any of the Company's property upon the premises of its customers, as shall be necessary to ensure a continuous and uninterrupted service to each and all of its customers and the proper measurement thereof and payment therefor. 5.5 Mans and Regulations. The Company shall, submit copies of its Standards for Service, Service Connection and Extension Policies, Rules and Regulations, and maps of its facilities within the Town boundaries to the Town Clerk. All changes in such maps, Standards for Service, Rules and Regulations, and policies, shall be submitted to the Town as the same may from time to time occur. 5.6 Subdivision Review. The Company shall analyze any subdivision plats or planned unit development plans submitted to it by the Town and respond to any request by the Town for information regarding the adequacy of its facilities necessary to serve such proposed plat or plan and answer any other questions posed to the Company by the Town regarding said plat or plan as are within the knowledge II of the Company. The Company shall respond to said requests or questions within reasonable time limits set by the Town's Subdivision Regulations. 5.7 Compliance with Laws. The Company shall comply with all County, State or Federal laws, rules and regulations, ordinances or resolutions related to the subject matter hereof. ARTICLE 6 USE OF COMPANY FACILITIES 6.1 Use of Poles by Town. The Town shall have the right, without cost, to jointly use all poles and suitable overhead structures within Town for the purpose of stringing wires thereon for any reasonable Town authorized use; which use shall not include the distribution or transmission of electricity; provided, however, that the Company shall assume no liability, nor shall it be put to any additional expense, in connection therewith, and said use shall not interfere in any unreasonable manner with the Company's use of same, or the use thereof by the Company's permittees, licensees, or other existing users of such facilities. Use of facilities hereunder by the Town shall not apply to the Town's licensees, permittees and franchisees. The Company agrees to permit Town licensees, permittees and franchisees, except those holding an electric utility franchise or license from the Town, to use its facilities upon reasonable terms and conditions to be contractually agreed upon with the Company, in writing. ARTICLE 7 INDEMNIFICATION AND POLICE POWER 7.1 Town Held Harmless. The Company shall indemnify, defend and save the Town, its officers and employees, harmless from and against all liability or damage and all claims or demands whatsoever in nature arising out of the operations of the Company within the Town pursuant to this franchise, and the securing of, and the exercise by the Company of, the franchise rights granted in this 12 ordinance and shall pay all reasonable expenses arising therefrom. The Town shall provide prompt written notice to the Company of the pendency of any claim or action against the Town arising out of the exercise by the Company of its franchise rights. The Company shall be permitted, at its own expense, to appear and defend or to assist in defense of such claim. In the event a claim or claims for injury or damage is brought against the Company, and such shall include a claim of responsibility against the Town, both parties shall defend the respective claim or claims brought against each, and each shall be responsible for its own attorney's fees during the pendency and continuation of any such action or proceeding. At the conclusion of the litigation or proceeding, whether by settlement, dismissal, order of court or administrative agency, or otherwise, if a determination is made that the Town is in no way responsible for the claim or claims, or that the Company is solely responsible, the Company shall promptly reimburse the Town for its reasonable attorneys fees and costs incurred in defending such claim or claims. 7.2 Police Power Reserved. The right is hereby reserved to the Town to adopt from time to time, in addition to the provisions herein contained, such Ordinances as may be deemed necessary in the exercise of its police power, provided that such regulations shall be reasonable and not destructive of the rights herein granted, and not in conflict with the laws of the State of Colorado, or with orders of other authorities having jurisdiction in the premises. ARTICLE 8 FRANCHISE FEE 8.1 Franchise Fee. In consideration for the grant of this Franchise, the Company shall pay to the Town a sum equal to three-percent (3%) of its gross Revenues collected from the sale of electricity within the boundaries of the Town. Electric revenues received from service to the Town facilities will not be assessed a 3% fee under this section nor will the Town be paid the 3% fee from such revenues 13 collected from Town facilities. To the extent required by law, the three-percent (3%) shall be surcharged to the Residents of the Town. This surcharge is in addition to any charges specified in the Company's tariffs and any applicable taxes. 8.2 Franchise Fee Pavment in Lieu of Other Fees,. The Franchise Fee paid by the Company is accepted by the Town in lieu of any occupancy tax, license tax, permit charge, inspection fee, or similar tax on the privilege of doing business or in connection with the physical operation thereof, but does not exempt the Company from any lawful taxation upon its property or any other tax not related to the Franchise or the physical operation thereof and does not exempt the Company from payment of head taxes or other fees or taxes assessed generally upon business. 8.3 Pavment. Payment of the Franchise Fee shall be made by the Company to the Town on or before thirty (30) days after the end of each quarter of each calendar year for the preceding three (3) month period, but shall be adjusted and prorated for the portions of the calendar quarters at the beginning and at the end of this Franchise. All payments shall be made to the Town Clerk. 8.4 Revenue Audit. For the purpose of ascertaining or auditing the correct amount to be paid under the provisions of this Article, the Company shall file with the Town Clerk, or such other official as shall be designated by the Town from time to .time, a statement, in such reasonable form as the Town may require, showing the total gross receipts received by the Company from the sale of electricity to Residents within the boundaries of the Town for the preceding three (3) month period. The Town Clerk or any official appointed by the Town Council shall have access to the books of said Company for the purpose of confirming the quarterly gross revenues received from operations within said Town. 8.5 Correction of Undemavment/Overoavment. Should either the Company or the Town discover either an underpayment or overpayment of the quarterly Franchise Fee, the party making such discovery 14 shall inform the other party within a reasonable' time. If the error is substantiated as an underpayment, the Company shall make payment of the deficiency within thirty (30) days of the date the error was substantiated. If the error is substantiated as an overpayment, a credit equal to the overpayment will be applied to the next quarterly Franchise payment due the Town. 8.6 Occunancv Tax Alternative. In the event the said franchise fee levied herein should 'be declared invalid and/or shall be set aside by a Court of competent jurisdiction, then, and in such event, and in lieu thereof, the Town may thereafter levy an occupancy tax upon the Company, not to exceed in any one calendar year three-percent (3%) of the gross Revenues collected within the Franchise Area for that calendar year. In the event the one-percent (1%) community enhancement fee shall also be declared invalid and/or shall be set aside by a Court of competent jurisdiction, then the occupancy tax levied upon the Company by the Town shall be four-percent (4%) instead of three-percent (3%). Such occupancy tax shall be adjusted for any Franchise Fees or enhancement fees previously paid to the Town in such calendar year. In the event the Town shall enact such an occupancy tax, in lieu of the Franchise Fee and/or enhancement fee levied hereunder, all of the remaining terms, conditions and provisions of this Ordinance shall remain in full force and effect for the period stated herein. Such occupancy tax ordinance or enactment shall be designed to meet all legal requirements to ensure that it is not construed as an income tax. Any alternative levy imposed by the Town shall only be valid if such is surchargeable by the Company under the provisions of C.R.S. 40-3-106(4). 8.7 Pavment of Exnenses Incurred by Town in Relation to Ordinance. At the Town's option, the Company shall pay in advance or reimburse the Town for expenses incurred for publication of notices related to the enactment of this Franchise Ordinance and for photocopying of documents during the negotiations for, and processing of, this Franchise Ordinance. 15 8.8 Termination of Franchise. If this Franchise is terminated by either the Company or the Town for whatever reason, or is declared null and void, all Franchise Fees or occupancy taxes levied herein shall be suspended as of the date the Franchise is legally terminated. Final payment of any Franchise Fee or occupancy tax owed and due the Town shall be made on or before thirty (30) days after the date the Franchise is legally terminated. ARTICLE 9 REPORTING AND CHANGE IN FRANCHISE FEE 9.1 Reports. The Company shall submit reasonable and necessary reports containing, or based upon, information readily obtainable from the Company's books and records as the Town may request with respect to the operations of the Company under this Franchise, and shall, if requested, provide the Town with a list of real property within the Town which is owned by the Company. 9.2 Chance of Franchise Fee. The Company shall, upon request from the Town, notify the Town Council of any changes in the Franchise Fee percentage made with other municipalities served by the Company under a franchise within the State of Colorado. If the Town Council decides the Franchise Fee percentage hereunder shall be changed, it shall provide for such change by Ordinance; provided, however, that any change in the Franchise Fee percentage shall then be surcharged.by the Company to the Residents of the Town. 9.3 Copies of Tariffs. Upon request, the Company shall furnish the Town with copies of any tariffs currently in use. ARTICLE 10 ADMINISTRATION 10.1 Amendments. At any time during the term of this Franchise, the Town through its Town Council, or the Company, may propose amendments to this Franchise by giving thirty (30) days written notice 16 to the other party of the proposed amendment(s) desired, and both parties thereafter, through their designated representatives, shall within a reasonable time, negotiate in good faith in an effort to agree upon a mutually satisfactory amendment(s). No amendment(s) to this Franchise shall be effective until mutually agreed upon by the Town and the Company and until all public notice requirements pursuant to Colorado statutes, and ordinance requirements of the Town, have been met. This section shall not apply to Franchise Fee changes under Article 9. 10.2 Revocation of Privileges by Condemnation. In the event, at any time during the term of this Franchise, the Town shall condemn any of the facilities of the Company within the boundaries of the Town, and thereby revoke all or any part of the privilege and authority herein granted to the Company to serve the Residents of the Town, then and in such event the Town shall pay to the Company just compensation for such rights and facilities by reason of such condemnation. 10.3 Compliance Impaired. Both the Company and the Town recognize there may be circumstances whereby compliance with the provisions of this Franchise is impossible or is delayed because of circumstances beyond the Company's or Town's control. In those instances, the Company or Town shall use its best efforts to comply in a timely manner and to the extent possible. 10.4 Companv's Failure to Perform. It is agreed that in case of the failure of the Company to perform and carry out any of the stipulations, terms, conditions, and agreements herein set forth in any substantial particular, wherein such failure is within the Company's control and with respect to which redress is not otherwise herein provided, the Town, acting through its Town Council, may, after hearing, determine such substantial failure; and, thereupon, after notice given the Company of such failure, the Company may have a reasonable time, not less than ninety (90) days, unless otherwise agreed by parties, in which to remedy the conditions respecting which such notice shall have been given. After the expiration of such time and the failure to correct such conditions, the 17 Town Council shall determine whether any or all rights-and privileges granted the Company under this ordinance shall be forfeited and may declare this Franchise null and void. 10.5 Ownership of Facilities. All facilities used or placed by the Company within the boundaries of the Town shall be and remain the property of the Company. 10.6 Transfer of Rights. The Company shall not transfer or assign any rights under this Franchise to a third party, excepting only corporate reorganizations of the Company not including a third party, unless the Town shall approve in writing such transfer or assignment. Approval of the transfer or assignment shall not be unreasonably withheld. 10.7 Removal of Facilities. Upon the expiration of this Franchise, if thereafter the Company facilities shall not be used for electric, telephone, or cable TV purposes for a period of twelve (12) successive months, the Town shall have the option of having the Company remove such facilities or claim such facilities as its own. If the Town elects to have the Company remove the facilities, it shall give written notice to the Company directing it to remove such facilities, and the Company shall remove the same no later than ninety (90) days after the date of such notice, unless the Company and the Town agree to a longer period within which removal shall occur. Any facilities, either underground or overhead, remaining after such time that are not expressly claimed by the Town shall be deemed to have been abandoned. Any cost incurred by the Town in removing abandoned facilities, and any liability associated with facilities abandoned by the Company shall be the liability of the Company. For any facilities claimed by the Town, any liability associated with such facilities shall become the liability of the Town. 10.8 Non-renewal of Franchise: Alternative Electric Service. If this Franchise is not renewed, or if it is declared null and void, or the Company terminates any service provided for herein for any reason, and the Town has not provided for alternative electric service to the Residents of the Town, the 18 Company shall not remove its facilities and shall be obligated to continue electric service to the Residents until alternative electric service is provided. The Company will not withhold any temporary services necessary to protect the public. ARTICLE 11 COMMUNITY ENHANCEMENT FUND 11.1 Purpose. The Company is committed to programs designed to make a difference in people's lives and the communities in which they reside. The Company shall voluntarily make monetary resources available to the Town for such programs and/or activities. Programs for which such funds shall be spent shall be limited to: (1) Beautification projects; (2) Energy conservation projects; (3) Equipment and technology upgrades for schools; (4) Scholarship funds; (5) Acquisition of open space and/or park land and development thereof, (6) Sponsorship of special community events; (7) Undergrounding of overhead electric and other utility lines. Funds made available under this Article may be spent for other purposes only with the express written consent of the Company. This program has been initiated solely by the Company; the Town has not made the program a requirement for this Franchise. Funding for this program is not a cost of doing business but is a voluntary contribution by the Company., 11.2 Pavments to the Fund. The Company shall make annual payments to the fund equal to one percent (1%) of its prior year's gross Revenues, commencing with 1999 revenues, collected from the sale of electricity within the boundaries of the Town. Said payments shall be made into the fund no later than February 15`h of the year subsequent to the year in which the gross Revenues are received by the Company. 19 11.3 The Fund. The Fund established by the Company shall be maintained in a bank account in the name of the Town, but shall be maintained separately from all other funds and accounts held by the Town. 11.4 Pavments from the Fund. All payments from the fund shall be for projects described in Section 11.1 hereof. Prior to any such expenditure, authorization to withdraw from the fund shall be given by resolution or ordinance duly enacted by the Town Council, and such resolution or ordinance shall clearly describe the nature and purpose of the project for which the expenditure is made. Prior to any expenditure, the Town shall notify the Company of its intended use of the funds. Unless the Company objects, in writing, prior to such expenditure, the Company shall have waived its right to object if the funds are expended for the use identified in the notice. 11.5 Audits. The Town may audit the Company's books related to gross Revenues collected within the Town at any reasonable time and with reasonable prior notice. The Company may audit the fund account, expenditures from the fund, and resolutions and ordinances authorizing such expenditures at any reasonable time and with reasonable prior notice. 11.6 Forfeiture of Enhancement Funds. The Company shall have the express right to temporarily suspend or terminate in full its annual contributions to the Enhancement Fund if it is determined that funds allocated and paid to the Town are being, or have been, misappropriated, administered with bias or discrimination, or for other inappropriate actions. 11.7 Advances of Funds. Paragraph 11.7 applies only to funds identified for undergrounding of overhead electric lines discussed in Paragraph 11.1 above. The Town shall make all reasonable attempts to plan and budget use of the Fund without advancement of future Funds. However, if the Town requests and the Company and the Town agree that it is in the mutual interest of both, the Company shall anticipate Fund amounts to be available for up to three (3) years in advance. Both 20 parties shall enter into a special agreement concerning the advanced Funds. Any amounts advanced shall be credited against amounts to be expended in succeeding years until such advances are eliminated. ARTICLE 12 UNDERGROUNDING 12.1 Town Policv. The Town has a policy that requires underground extension of new electrical distribution lines to new development within the Town. Amendments thereto will be furnished to the Company promptly after enactment by the Town. The Company shall extend its facilities in accordance with such policy and the subdivision regulations and other applicable ordinances of the Town, but only subject to the provisions of the Company's Line Extension Policy, Advice Letter Number 8, dated April 30, 1976 (herein "Line Extension Policy") and in accordance with its Policy Statement, Conversion From Overhead to Underground Facilities, June 15, 1988 (herein "Underground Conversion Policy), as each may be amended from time to time, and other applicable Company rules and regulations, if any. -12.2 Customer's Reauest. If a -customer within the Town should request that new facilities be installed underground, or for the -conversion of existing overhead facilities to underground facilities, the Company shall proceed in accordance with its Line Extension Policy and Underground Conversion Policy. 12.3 Town Reauested Underarounding. Except for the Company's contributions to the Community Enhancement Fund, which may be used by the Town to pay for the undergrounding of the Company's facilities, any request, requirement imposed by resolution or ordinance, or other communication from the Town to the Company, asking, or requiring the Company to underground 21 new facilities or existing overhead facilities, or move; remove, or replace existing underground facilities, shall be responded to in accordance with the provisions of the Company's Line Extension Policy and Underground Conversion Policy. The Town acknowledges receipt of a copy of both policies. 12.4 Relocation of Underaround Facilities. Nothing hereinabove shall be construed to obligate the Company to pay for the removal and relocation of its facilities where such is at the request or demand of a person, or a public or private entity under circumstances which require the party requesting or demanding such to pay for the relocation under other provisions hereof, or under the provisions of the Company's Line Extension Policy or Underground Conversion Policy. ARTICLE 13 MISCELLANEOUS 13.1 Chanizes in Utilitv Regulation. In the event new legislation materially affects the terms and conditions of this Franchise Ordinance, the parties agree to renegotiate the affected terms and conditions in good faith. The parties hereto acknowledge that regulatory and legislative changes in the electric utility, gas utility and other energy industries are currently being discussed nationwide and statewide; that some changes in utility industry sectors have already been implemented; and that other changes may be made in the future, during the term of this Franchise. One likely scenario is the implementation of open access to electric customers, and other energy customers, making such customers available to all utilities, thus eliminating or limiting territorial protections. Under this scenario one utility may contract to sell a type of energy to a customer, while another utility transports the energy to the customer for a fee charged to the other utility or the customer. The parties agree, that insofar as future changes in the utility laws will allow, the Company shall always retain the right to bill customers for utility transportation services and energy sales within the 22 f v Town if it is the provider of either the energy product or the transportation of such product. The parties agree that this will provide the most efficient and convenient utility service to the Residents of the Town and provide assurance to the Town of franchise fee collection for each component charged for the sale and delivery of energy products within the boundaries of the Town. 13.2 Successors and Assigns. The rights, privileges, franchises and obligations granted and contained in. this Ordinance shall inure to the benefit of and be binding upon the Company, its successors and assigns. 13.3 Representatives. Both parties shall designate from time to time in writing representatives to act as franchise agents for the Company and the Town. Such will be the persons to whom notices shall be sent regarding any action to be taken under this Ordinance. Notice shall be in writing and forwarded by certified mail or hand delivery to the persons and addresses as hereinafter stated, unless the persons and addresses are changed at the written request of either party. Until any such change shall hereafter be made, notices shall be sent to the Town Manager and to the Company's General Manager. Currently the addresses for each are as follows: For the Town: Mr. Robert McLaurin Town of Vail 75 South Frontage Road Vail, Colorado 81657 For the ComDanv: Mr. Kent Benham Holy Cross Energy P O Drawer 2150 Glenwood Springs, CO 81602 13.4 Severabilitv. Should any one or more provisions of this Franchise be determined to be illegal or unenforceable, all other provisions nevertheless shall remain effective; provided, however, the parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft provisions that will achieve the original intent of stricken provisions. 23 v 13.5 Entire Aureement. This Franchise constitutes the entire agreement of the parties. There have been no representations made other than those contained in this Franchise. ARTICLE 14 APPROVAL " 14.1 Town Annroval. This grant of Franchise shall not become effective until approved by the Town. in accordance with its ordinances and the statutes of the State of Colorado. 14.2 ComDanv ADnroval. The Company shall file with the Town Clerk its written acceptance of this Franchise and of all its terms and provisions within fifteen (15) business days after the final adoption of this Franchise by the Town. The acceptance shall be in the form and content approved by the Town Attorney. If the Company shall fail to timely file its written acceptance as herein provided, this Franchise shall become null and void. INTRODUCED, READ, AND ORDERED PUBLISHED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, UPON A MOTION DULY MADE, SECONDED AND PASSED AT ITS REGULAR MEETING HELD AT THE TOWN OF VAIL, ON THE 4th DAY OF MAY, 1999, BY A VOTE OF IN FAVOR AND AGAINST. Ludwig Kurz, Mayor Pro-Tem ATTEST: Lorelei Donaldson, Town Clerk APPROVED AS TO FORM: Town Attorney Publication Dates: 24 FINALLY ADOPTED, PASSED AND APPROVED ON SECOND READING AFTER PUBLIC HEARING ON MAY 18, 1999. TOWN OF VAIL By: Ludwig Kurz, Mayor Pro-Tern ATTEST: By: Lorelei Donaldson, Town Clerk 25 r ORDINANCE NO.14 SERIES OF 1999 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 11, SERIES OF 1999, CASCADE VILLAGE, AMENDING AND RE-ESTABLISHING THE APPROVED DEVELOPMENT PLAN FOR LOT 54, GLEN LYON SUBDIVISION, KNOWN AS THE GLEN LYON OFFICE BUILDING LOCATED WITHIN DEVELOPMENT AREA D, IN ACCORDANCE WITH SECTION 12-9A-10 OF THE ZONING REGULATIONS TO ALLOW FOR THE CONSTRUCTION OF AN EXPANDED OFFICE BUILDING AND TWO TYPE III EMPLOYEE HOUSING UNITS; AND SETTING FORTH DETAILS IN REGARD THERETO. - WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, Glen Lyon Office Building Partnership, as owner of the property, has submitted an application for a major amendment to Special Development District No. 4, Cascade Village, Development Area D; and WHEREAS, the purpose of this ordinance is to repeal and re-enact Ordinance No. 11, Series of 1999 to amend and re-establish the Development Plan for Lot 54, the Glen Lyon Office Building to allow for an office expansion and employee housing units; and WHEREAS, the proposed major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Town of Vail Comprehensive Plan; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning & Environmental Commission held a public hearing on May 10, 1999 on the major amendment application and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to amend and re-establish the Development Plan for Special Development District No. 4, Cascade Village Development Area D. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Purpose of the Ordinance Ordinance No. 11, Series of 1999, is hereby repealed and re-enacted by Ordinance No. 14, Series of 1999. Ordinance 14,Series of 1999 1 Section 2. Amendment Procedures Fulfilled, Planning Commission Report. The approval procedures described in Section 12-9A of the Vail Municipal Code have been fulfilled, and the Town Council has- received the recommendations of the Planning & Environmental Commission for an amendment to the Development Plan for Special. Development District No. 4, Area D, Glen Lyon Office Building (Lot 54). Section 3. Special Development District No. 4 Special Development District No. 4 and the development plans for all sites other than the development plan for the Glen Lyon Office Building (Lot 54) therefore, hereby remain approved for the development of Special Development District No. 4 within the Town of Vail, unless they have otherwise expired. Section 4. Special Development District No. 4, Cascade Village shall read as follows: Purpose Special Development District No. 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Town of Vail Comprehensive Plan. Special Development District No. 4 is created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning & Environmental Commission, and because there are significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. Definitions For the purposes of this chapter, the following definitions shall apply: A. "Special attraction" shall be-defined as a museum, seminar or research center or performing arts theater or cultural center. B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as 2 Ordinance 14,Series of 1999 f a dwelling unit located in a multi-family dwelling that is managed as a short term rental in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The kitchen shall be designed so that it may be locked and separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or balconies without passing through another accommodation unit, dwelling unit, or a transient residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as set forth in Section 13- 7 Condominiums and Condominium Conversions, Subdivision Regulations. The unit shall not be used as a permanent residence. Fractional fee ownership shall not be allowed to be applied to transient dwelling units. For the purposes of determining allowable density per acre, transient residential dwelling units shall be counted as one half of a dwelling unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA with a maximum.of 1.0 space per unit. Established A. Special Development District No. 4 is established for the development on a parcel of land comprising 97.955 acres as more particularly described in the attached Exhibit A. Special Development District No. 4 and the 97.955 acres may be referred to as "SDD No. 4." B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Development Area Acreage Cascade Village A 17.955 Coldstream Condominiums B 4.000 Glen Lyon Primary/Secondary and Single Family Lots C 9.100 Glen Lyon Commercial Site D 1.800 Dedicated Open Space 40.400 Roads 4.700 3 Ordinance 14,Series of 1999 TOTAL 97.955 Development Plan--Required--Approval Procedure Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Council. The Waterford and Cornerstone sites shall be allowed one development plan each. Development Area D shall be allowed to develop per the approved phasing development plans as approved by the Town Council. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply Section 12-9A of the Municipal Code. Permitted Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in Section 12- .713-3, (Commercial Core 1), of the Municipal Code. The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level; 2. All other floor levels besides first floor street level may include retail, theater, restaurant, and office except that no professional or business office shall be located on street level or first floor (as defined above) unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 925 square feet located on the first floor on the northwest corner of the :Plaza Conference Center building; 3. Lodge; 4. Multi-family dwelling; 5. Single Family dwelling; 6. Primary/Secondary dwelling; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section 12-13 of the Municipal Code; 9. Cascade Club addition of a lap pool or gymnasium. 4 Ordinance 14,Series of 1999 t B. Area B, Coldstream Condominiums 1. Two-family dwelling; 2. Multi-family dwelling. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Single family dwelling; 2. Two-family dwelling. 3. Type II Employee Housing Unit (EHU) per Chapter 12-13, of the Municipal Code. D. Area D. Glen Lyon Commercial Site 1. Business and professional offices; 2. Employee dwelling as defined in Section 12-13 of the Municipal Code. Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of the Town of Vail Zoning Regulations. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Fractional fee ownership as defined in the Town of Vail Municipal Code, Section 12-2 shall be a conditional use for dwelling units in the Westhaven multi-family dwellings, as amended. Fractional fee ownership shall not be applied to restricted employee dwelling units or transient residential dwelling units. 3. Special attraction; 4. Ski lifts; 5. Public park and recreational facilities; 6. Major arcades with no frontage on any public way, street, walkway or mall area. 7. Transportation Business. 8. Temporary Use of the Tennis Facility for Conferences and Conventions B. Area B, Coldstream Condominiums 1. Public park and recreational facilities; 5 Ordinance 14,Series of 1999 f 2. Ski lifts. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Public park and recreational facilities; 2. Ski lifts; D. Area D, Glen Lyon Commercial Site 1. Micro-brewery as defined in Town of Vail Municipal code, Chapter 12=2. Accessory Uses A. Area A. Cascade Village 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. B. Area B, Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. 6 Ordinance 14,Series of 1999 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Area D, Glen Lyon Commercial Site 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Minor arcade. Location of Business Activity A. All offices, businesses, and shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. B. The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. Density--Dwelling Units The number of dwelling units shall not exceed the following: A. Area A, Cascade Village In Area A, a minimum of three hundred fifty-two (352) accommodation or transient dwelling units and a maximum of ninety-four dwelling units for a total density of two hundred seventy (270) dwelling units. 7 Ordinance 14,Series of 1999 B. Area B, Coldstream Condominiums Sixty-five (65) dwelling units C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots One-hundred four (104) dwelling units. D. Area D, Glen Lyon Commercial Site TP ee-dwelling e:ks-, ..e of whoG > =ll b employee dwelling L:njts as defy ined-Ch:pter-12 12, of the Municipal Ceds . No dwellina units shall be allowed with the exception of emglovee housing units as defined in Chanter 12-13 of the Town Code. Density--Floor Area A. Area A, Cascade Village The gross residential floor area (GRFA) for all buildings shall not exceed 289,145 square feet. B. Area B, Coldstream Condominiums Sixty-five thousand square feet (65,000 sq. ft.) GRFA. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots GRFA shall be calculated for each lot per Section 12-6D-8 (Density Control) for the Primary/Secondary district of the Town of Vail municipal code. D. Area D, Glen Lyon Commercial Site The GRt plan er tWc s.-..~a . ^.s expiFed. See-GFdfF'r8f~.DC-No.-8, ~~rcG- ~ SeFies-;f 1991 fer p- . GRFA for emnlovee housing units shall be as aooroved on the development. however. the GRFA shall be at least 1.865 sa. ft. Commercial Square Footage A. Area A, Cascade Village Area A shall not exceed 35,698 square feet of commercial area. 8 Ordinance 14,Series of 1999 B. Area D, Glen Lyon Commercial Site The e~l', plr_-n fcr thrJ w3 a hwv o;,,pr?o. ui; aamsnte. The aross floor area shall not exceed 35. 741 so. ft. of net (leaseable) floor area. Development Statistics for Area A. Cascade Village, and Area D, Glen Lyon Commercial Site CHART 1: Area A Completed Projects Retail/ Square On-Site Cascade Structure Aus • DUs GRFA Commercial Foot Parking Parking MILLRACE 1 I 16 20,000 I 120 10.00 MILLRACE II ~ .....................I 14 117,534 I 125 0.00 ti''i?'i'E'•I>'>? MILLRACE 1111 3 6,450 I 17 ?oiBOOM ..``S ? i..... MILLRACE IV 6 10,450 19 0.00 (COSGRIFF)°` mom WESTIN 148 55,457 I 0.00 115 Alfredo=s I I I I 104 Seats I I Cafe I I I I 74 Seats Little Shop I I I I 1,250 I I Pepi Sports I I I I 2,491 W& H Smith. Vaurnot I I I 1900 ! . 9 CIVIC BUILDING Cascade Wing I 18 I 15,870 I I 10.00 I 16 Clancy=s I I I I 1,600 I 10.00 113.3 Theater I I I 4,220 ( I 128 College Classrooms I I I I 10.00 140 College Office I + I I 10.00 14 Theater/Meeting Room 2J I I I 1,387 I ( 0.00 111.5 9 Ordinance 14,Series of 1999 1 t•:::.t:::::?i:•i:::•,;..::..k:S;:;:i.'•:.:•r:...r.................. ......::........t,..:?:., + +.,.;,..:.tt?r•?:. t; ,....:.:.t, t t.; h w:::.~ v:v `tit ..v...v..,,,............... t v.tty ..v t»tt v.v., .v. nv:. w. \ \ v v 4 :•.?:;.}t,vv::: 4 •h, v. v: :.?:tv4., w:. ...,.}:-::.ttttw; ' vvv.: vv;v.vry......• i:.« ».v,»•»: WING Rooms 120 58,069 + 0.00 105 Retail I 15,856 I 10.00 120 t.......,•::: . ::ti'•ti ~L iv:,vjLii• »:w :w::???i:<,}.v.v..........., .....vv. •?::.t.........,•\v??:~ i:::.tvv.:: .:::::.v PLAZA 1 Rooms 120 17,205 I I 10.00 116 Retail I I 1,099 I I 0.00 14 v:, v::::.. Z.v;}:::::::hw::::: ~•v:;J:•i:;v;;vt•?:•?:: 4v..., v. .v.. .T:.vv:.:...t.v..v.... ....v.............\ y....., .t•::.,•???: •?:•x•?';:::wt ::.~.t.. ....ti...\4 :::,t.,.,.,.,.,••••:t,~tt-»v::,;:?: k; }.tt»:•:::. • ::wn•: w:: wY+di:•: PLAZA II Conference I I I I I 10.00 135 Retail I I I 1925 I 10.00 13 w::.t• ;;;v w:::;, w.:::::: J:::::t.v. n.......,...: v ~.v::.:.w:: ii::~ti~?::i::;: {:j.Ji ~t}moo``.: ' vvt'•.;::.'. vt...v.,....,... t t t,.. v. v w:.Q.t•.vv ::.w; ..4....... 4v; t .,::ii ~•;'++L+~ : ....vt ••.w-+4::i~•::;{.?:::..... .v, •\\v w:i::::;.t: n4n..:.. :v. w:::. i•??:•???? v..,w::.t»•~ 4....v......... ..........tv... v , ....t + .v.......... v k \v........... CASCADE CLUB Retail I I I 300 I 10.00 1 Bar 8 Restaurant I I I 1252 I 10.00 13.5 Office in CIVIC . I I I 1828 I 10.00 13 1 Wellness Center I I I I 1,386 I 0.00 17 Office in Club I I I 1420 I 10.00 11.4 LIFTSIDE (WATERFORD) Units I 27 56 Employee Units I 12 11,100 I 12 TOTALS I 127 147,500 I I 150 I :S:y»viii:r:•`.:`?:'•;i i~?:'; :•ii~ii::::: is ii:??::: i!: j?:i' y.:: \v: xi??.iiv ••.vv v.L v.»:,v- . .v. - tt .....................v.•y,i.t ..-..4...:.w:i;..v«:4::.,:v:~.vi~.v ::::•.w.::~nw.d::: i:.v:;•~. t~.4 :::.??::.:::•:,v?ii:•i:;;•s?:~?:i::?;nxiii??? :.::w:.t.:::.,::w::::.,~..........v::w:: q?+iii: :w:\ . , ...........n. t . Cascade Club Addition I I Wellness Center I I 14,500 I I 22.5 t:•.w:: i:•i:•i??:•?. v:::: x: i~i:•??:v; v:...:,,.....vv:: •:?i•.:v.........••.vb:::..v: n•;; .:..........w;; ...,....w:::::. • • v.... v. is nv ::.w:::::. ~::.,•:???{::i:j;::......... y.; ........::..vv,tti^?i:riiiv w::::::::.v:, ~...:.L:, ; .....~.v......- , t.\. Lv:.v.....J;;•+i:?}•?:v.• 4.:• ....:.,viii " tii:•..:~:}:•i'•i:: ti• t•:::: ii i:.,..... .t ......:.......:::::M.", • •:?.,•:itw)?:::,..... . . ....t.»,::.t•::: i:::... • ~.v-.::............:...444................ • 4....... , t..... ....t•tyta .......t,... :.......:::::::::q.}; •;:'w:.i}$i}•.w:v:: w.vv: • ::v.,»v.....+. .v.v.............~::::::::. ~::•::•?:•?'•:i:,». ..v.....v. v....v..: v:• :.,..,~:.,t:.::.,•y.,• 925 ' • :.L:..,•,•:: Plaza Office- I I Ir.925 •t4:•?::.}.i. v v..;; . .?:~::+l is\•i?:•:•?::.vi t ........t...,.. n44 . .......t. . , ::::..:•.~:::t. tta?i::;•i:;•?i>i:,ttt•:.t~:.:•ii ..t„•:.t•.t•.?•:.,•::>? : ..................t•:.,4... :4\....t•::::.t...: 4 :t\?.. , .n44..vw:::: ttt \ v..:.vv3\•:;......•,,:,v?•::: ^:+w:::::: tvv::: v •i:•?:;;~i:J:i;•?:;•?:•??: :1;:}•:: i:L:•?:•?iii?......... ....v .ti yW \\t «•444. ..4,;?{ •i •v 10 Ordinance 14,Series of 1999 ri TOTALS 288 AU 76 DU 239,680 24,598 129 449.9 (includes 2 EHUS) "Plaza space has already been counted for a retail parking requirement. The new parking requirement is based on the difference between the retail and office parking requirements. "'For the purposes of calculating GRFA for the Cosgriff parcel (Millrace IV), no credits shall be given except for 300 s.f. to be allowed for each enclosed parking space. CHART 2: AREA A REQUIRED PARKING Parking for Completed Projects per Chart 1 Parking Spaces in 461.9 Cascade Parking Structure Less 17.5% Mixed-Use Credit I -80.8 Total Required Parking at Build-Out of Area A in Cascade Structure 381.1 Existing Parking in Cascade Structure I 421.0 Required Parking in Cascade Structure at Build-Out of Area A With 17.5% mixed-use credit 381.1 Development Plans Site specific development plans are approved for Area A and Area D. The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and other developers. The development plans for Area D are comprised of those plans submitted by the Glen Lyon Office Building Partnership. The following documents comprise the development plan for the SDD as a whole, Waterford, Cornerstone, Cascade Club Addition Scenario 1 and 2, Millrace IV, and Area D-Glen Lyon Commercial Site and is not all inclusive: 1. Waterford, Sheet #L-2, dated 11-12-92, Landscape Plan, Dennis Anderson. 2. Waterford, Sheet #1.1, dated 11-13-92, Site/Grading Plan Gwathmey, Pratt, Schultz. 3. Waterford, Sheet #2.1, dated 11-13-92, Plan Level 38/43' 3", Gwathmey, Pratt, Schultz. 4. Waterford, Sheet #2.2, dated 11-13-92, Plan Level 48'-6"/53'-0", Gwathmey, Pratt, Schultz. 5. Waterford, Sheet #2.3, dated 11-13-92 Plan Level 59'-0:/64'-3" by Gwathmey, 11 Ordinance 14,Series of 1999 Pratt, Schultz. 6. Waterford, Sheet #2.4, dated 11-4-92, Plan Level 69'-6"/74'-9", Gwathmey, Pratt, Schultz. 7. Waterford, Sheet #2.5, dated 11-13-92, Plan Level 80'-0"/85'-3" Gwathmey, Pratt, Schultz. 8. Waterford, Sheet #2.6, dated 11-13-92, Plan Level 90'-6" Gwathmey, Pratt, Schultz. 9. Waterford, Sheet #2.7, dated 11-13-92, Plan Level 101'-0" Gwathmey, Pratt, Schultz. _ 10. Waterford, Sheet #2.8, dated 11-13-92, Plan Level 111'-6" Gwathmey, Pratt, Schultz. 11. Waterford, Sheet #2.9, dated 11-13-92, Plan Level 122'-0" Gwathmey, Pratt, Schultz. 12. Waterford, Sheet #2.10, dated 12-14-92, Roof Plan All Levels Gwathmey, Pratt, Schultz. 13. Waterford, Sheet #3.1, dated 11-13-92, Elevations Gwathmey, Pratt, Schultz. 14. Waterford, Sheet #3.2, dated 11-13-92, Elevations, Gwathmey, Pratt, Schultz. 15. Waterford, Sheet #4.1, dated 11-4-92, Sections Gwathmey, Pratt, Schultz. 16. Waterford, Sheet #4.2, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 17. Waterford, Sheet #4.3, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 18. Waterford, Sheet #9.1, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 19.. Waterford, Sheet #9.2, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 20. Waterford, Sheet #9.3, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 21. Waterford, Sheet #9.4, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 22. Waterford, Sheet #9.5, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 23. Cascade Club Addition Site Plan, Roma, 10/10/88. 24. Cascade Club Floor Plan, Roma, 10/10/88. 25. Millrace III, Sheet #1, dated 5/6/93, Site Plan, Steven James Riden. 26. Millrace III, Sheet #2, dated 4/13/93, Floor Plans for Single Family Residence, Steven James Riden. 27. Millrace III, Sheet #3, dated 5/6/93, Elevations for Single Family Residence, Steven James Riden. 28. Millrace III, Sheets #4 and #5, dated 3/20/93, Floor Plans for Duplex Building, Steven James Riden. 29. Millrace III, Sheets #6 and #7, dated 5/6/93, Elevations for Duplex Building, Steven James Riden. 30. Millrace III, Sheet L1, dated 5/6/93, Site/Landscape Plan, Steven James Riden. 31. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt, 10/28/91. 32. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Elevations Arnold Gwathmey Pratt, 10/22/91. 12 Ordinance 14,Series of 1999 33. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Floor Plans Arnold Gwathmey Pratt, 10/23/91. 34. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Landscape Plan, Dennis Anderson Associates. 35. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10/31/91 stamped. 36. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner, 6/8/87. 37. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88. 38. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., revised 11/22/88. 39. Topographic Map, Inter-Mountain Engineering, Ltd, 12/1/94 40. Improvement Location Certificate, Eagle Valley Surveying, Inc., 3/2/92 41. Site Plan, SL-1, R.G. Clark & Associates, 3/26/99 42. Site Grading Plan, SL-2, R.G. Clark & Associates, 3/26/99 43. Landscape Plan, SL-3, R.G. Clark & Associates, 3/26/99 44. Southeast Elevation, R.G. Clark & Associates, 3/26/99 45. Northwest, Northeast, & Southwest Elevation, R.G. Clark & Associates, 3/26/99 46. Sections & Details, R.G. Clark & Associates, 3/26/99 47. Parking Level Plan, R.G. Clark & Associates, 3/26/99 48. First Floor Plan, R.G. Clark & Associates, 3/26/99 49. _ Second Floor Plan, R.G. Clark & Associates, 3/26/99 50. Third Floor Plan, R.G. Clark & Associates, 3/26/99 51. Fourth Floor Plan, R.G. Clark & Associates, 3/26/99 52. Off-site Improvement Plan, R.G. Clark & Associates, 3/26/99 53. Roof-Top Mechanical Plan, R.G. Clark & Associates, 3/26/99 * A maximum of 1000 sq. ft. of common area, in addition to the approved plans, may be added to the Waterford project to allow for compliance with the Uniform Building Code, Uniform Fire Code and American Disabilities Act. The staff shall review all such additions to ensure that they are required by such codes. Area C, Glen Lyon Primary/Secondary and Single Family Lots 1. Building Envelopes for.Lots 39-1 and 39-2 per sheet, L-1, prepared by Design Workshop, Inc., dated 11-9-98. Area D, Glen Lyon Commercial Site The devtil3pmsnt pi-a feF this are -hays expirecd. See p -9rdmn^ , prev+suc r9quirement€: Glen Lvon Office Buildina Development. The Resort Desian Collaborative International. Sheets Al - A5.2. dated 3/15/99. as may be amended by the Design Review Board. 13 Ordinance 14,Series of 1999 Development Standards The development standards set out herein are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SDD No. 4. They are minimum development standards and shall apply unless more restrictive standards are incorporated in the approved development plan which is adopted by the Town Council. Setbacks A. Area A, Cascade Village Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property of not less than twenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking structure/athletic club building shall be two feet as approved on February 8, 1982, by the Planning and Environmental Commission. All buildings shall maintain a 50 foot stream setback from Gore Creek. The Waterford building shall maintain a minimum 20 foot setback from the north edge of the recreational path along Gore Creek. B. Area B, Coldstream Condominiums Required setbacks shall be as indicated on the development plan. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots Required setbacks shall be governed by Section 12-6D-7 of the Primary/Secondary zone district of the Town of Vail Municipal Code. For single-family Lots 39-1 and 39-2, development shall occur per the approved building envelopes and is subject to the following: All future development will be restricted to the area within the building envelopes. The only development permitted outside the building envelopes shall be landscaping, driveways (access bridge) and retaining walls associated with driveway construction. At-grade patios (those within 5' of existing or finished grade) will be permitted to project beyond the building envelopes not more than ten feet (10') nor more than one-half (2) the distance between the building envelope and the property line, or may project not more than five feet (5) nor more than one-fourth (3) the minimum required dimension between buildings. D. Area D. Glen Lyon Commercial Site Required setbacks shall be as indicated on the approved development plans. Height A. For the purposes of SDD No. 4 calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of a sloping roof unless otherwise specified in approved development plan drawings. 14 Ordinance 14,Series of 1999 t B. Area A, Cascade Village 1. The maximum height for the Westin Hotel, CMC Learning Center, Terrace Wing, Plaza Conference Building and Cascade Parking Structure/Athletic Club is 71 feet. 2. Cornerstone Building: Maximum height of 71 feet. 3. Waterford Building: Maximum height of feet as measured from finished grade to any portion of the roof along the north elevation shall be 55' (South Frontage Road), 56' along the west elevation Westhaven Drive, and 65 feet along the south and east elevation as measured from finished grade. 4. Westhaven Building: A maximum of 55 feet. 5. Millrace III: A maximum of 36 feet. 6. Millrace IV: A maximum of 36 feet. 7. Cascade Club Addition: A maximum of 26 feet. 8. Cascade Entry Tower: A maximum of 36 feet. 9. The remainder of buildings in Area A shall have a maximum height of 48 feet. C. Area B. Coldstream Condominiums The maximum height shall be 48 feet. D. Area C. Glen Lyon Primary/Secondary and Single-Family Lots The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or mansard roof. E. Area D. Glen Lyon Commercial Site ° fall r. ~'^rye a-rheight t9tw?een 2T^_1^^,,r„+ 40 feet. no°i of tI 9 Feef area shall have a -heigkit urger 32 feet On th~F.. imat4Ttrf the t . Jieight is T2a`ure err sup is any-psint Of the F00f. C.: t. s inteFie F e+iJ fr ting gFade~ up to the hi afea-ef anY !:uildinn, height is Fnea `..r am exis,~ g..est peint a#theroof. Development plan drawings shall constitute the height allowances for Area D. Site Coverage Areas A & B: No more than 35% of the total site area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or educational center, 45% of the area may be covered unless otherwise indicated on the site specific development plans. Area C: No more than 25% of the total site area shall be covered by buildings, unless the more restrictive standards of Chapter 12-21 of the Vail Municipal Code apply. Area D: No more than 37% Hof the total site area shall be covered by buildings and the parking structure, as indicated on the approved develooment plans. 15 Ordinance 14,Series of 1999 R Landscaping At least the following percentages of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate. Areas A and B, fifty percent (50%), and in Areas C and D, sixty percent (60%), of the area shall be landscaped unless otherwise indicated on the site specific development plans. Parking and Loading A. Area A, Cascade Village 1. Off-street parking shall be provided in accordance with Chapter 12-10, except that 75% of the required parking in Area A shall be located within a parking structure or buildings with the exception of Millrace IV, Scenario I, where 66.6% and the Westhaven Club & Lodge, where 71% of required parking shall be enclosed in a building. 2. There shall be a total of 421 spaces in the main Cascade Club parking structure. A 17.5 percent mixed-use credit per the Town of Vail parking code, has been applied to the total number of required parking spaces in the Cascade structure. 3. There shall be a total of 58 on-site parking spaces on the Waterford building site with a minimum of 75% of the required space located below grade. No mixed use credit shall be applied to this site. 4. There shall be a minimum of 93 enclosed parking spaces located within the Cornerstone building with 37 of the required spaces available to the public for short-term parking. No mixed use credit has been applied to this lot. 5. The third floor of the Cascade parking structure shall not be used to meet any parking requirements for accommodation units, transient residential dwelling units, employee dwelling units or dwelling units. 6. Phasing: All required parking for Cornerstone and Waterford shall be located on their respective sites. All required parking for the Cascade Club Wellness Center Addition Scenario 1 shall be provided in the Cascade parking structure. 7. Seventy-five percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm for Millrace III. 8. All loading and delivery shall be located within buildings or as approved in the development plan. B. Area B. Coldstream Condominiums Fifty percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining.properties within a landscaped berm. 16 Ordinance 14,Series of 1999 C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots Off-street parking shall be provided in accordance with Chapter 12-10 of the Municipal Code. D. Area D, Glen Lyon Commercial Site 1. 3:._- to A-3a D 31'',^_,11 t?-F"anc: ge"ea the TDA--Parking-Rep£r;, SeGt+an, page-&-S and , and TRA-Report, !'ail BFeweFy Park," "his Update, dated Jaw z n, 16, 4990, be-th cn bye David Leahy. This site shall have a minimum of 143 Darkina spaces. 2. No loading or delivery of goods shall be allowed on the public right-of-way along the South Frontage Road adjacent to the Area D development. 2. Th -e~3f the pr cnt shall p. Gem; tFu3l- was toiler trus!< tc`f!G W the GIcn ! ye~3MMSFsial-sita. Tha-shy tFus#e leading-tk~at shall ba all9wed y the Tc cha!l be Ya„s-h g a maximum L-Rgth £f 22 {eat. Recreation Amenities Tax Assessed The recreational amenities tax due for the development within SDD No. 4 under Chapter 3.20 shall be assessed at a rate not to exceed twenty-five cents per square foot of the floor area in Development Area A; and at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and at a rate not to exceed seventy-five cents per square foot of floor area in Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. Conservation and Pollution Controls A. The developer's drainage plan shall include a provision for prevention of pollution from surface runoff. B. The developer shall include in the building construction, energy and water conservation controls as general technology exists at the time of construction. C. The number of fireplaces permitted shall be as set forth in the Town of Vail Municipal as amended. D. If fireplaces are provided within the development, they must be heat efficient through the use of glass enclosures and heat circulating devices as technology exists at the time of development. E. All water features within Development Area A shall have overflow storm drains per the recommendation of the Environmental Impact Report by Jamar Associates on 17 Ordinance 14,Series of 1999 Page 34. F. All parking structures shall have pollution control devices to prevent oil and dirt from draining into Gore Creek. C. -Area E, a manlhgle-an t. a !:r s line-skull p avtided se Thal the Up;. d Canit=tisr: DiSWCt. F-W StFengt#. Ir. Ue~. D, We-bFewer~• m=r•~a be it "a • prssess cku ing pcrafafs ir,-TfsiGns. It shall be We bFewer• owner'c Fesp r~1L" ili` -w ff enatfrti inVefS19R~ 1 G. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. J H. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A and D. K. Tk:s dwelling two employee brats it Area D shall eRly-bc all9wed to have gas fi- EFlase~ Additional Amenities and Approval Agreements for Special Development District No. 4. A. The developer shall provide or work with the Town to provide adequate private transportation services to the owners and guests so as to transport them from the development to the Village Core area and Lionshead area as outlined in the approved development plan. B. Area A, Cascade Village 1. The developer shall construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect with the recreational path to Donovan Park. The walk shall be constructed when a building permit is requested for the Westhaven Club & Lodge. The sidewalk shall be part of the building permit plans. The sidewalk shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for Westhaven Club & Lodge. 2. The developer shall provide 100-year floodplain information for the area adjacent to the Waterford and Cornerstone buildings to the Town of Vail Community Development Department before building permits are released for either project. 3. Cornerstone The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. C. Area D, Glen Lyon Commercial Site. 18 Ordinance 14,Series of 1999 The evelopment plar: this -aFE= 11,=6 See-AFdir =nse No. 8 SeFies of 1998 fe pr . 1. The owner/applicant shall ensure that the utilities to this site are all placed underaround for the entire length of the site prior to the issuance of a Temoorarv Certificate of Occunancv for the develooment. 2. The owner/aoDlicant shall be reauired to provide roadwav improvements in accordance with the aooroved Dlans. Prior to the issuance of a buildina hermit. the aoolicant shall obtain aooroval by the Town of detailed civil enoineenna drawinas for all orooosed imorovements includina drainaae imorovements. 3. The owner/aoolicant shall deed restrict two Tvoe III. Emnlovee Housing Units in accordance with the Zonina Reaulations orior to obtainina a temporarv or final certificate of occuoancv on the oroiect. 4. The owner/aoDlicant shall record an easement for the existina bike oath on the west end of the Drooertv prior to obtaining a temporarv or final certificate of occuoancv on the orniect. 5. The buildina plans. rooftop mechanical plans. landscape Dian. tree protection plans. and dumoster enclosure details shall be reviewed and approved by the DRB. 6. The owner/aoDlicant shall mitiaate the trees beina removed by the development. The DRB shall determine the ratio of mitigation. A substantial vegetative buffer shall be established alona the north elevation of the buildina. 7. Lower the eve line of the roof over the center buildina form. 8. Move either the emolovee housina units to improve the indoor/outdoor access or improve the access to these units to make them easier to access by occupants. 9. Add a significant nutter svstem to the roof which ties into the drainaae svstem for the site. 10. Provide a commitment to provide sianificant trees prior to beina reviewed by the Town Council. 11. Provide a pedestrian scale element at the front entry (i.e.. Dorte cochere). 12. Make imorovements to breakuo the overall facade of the south elevation. 13. In the drainaae plans. provide adeauate drainaae for snow melt from surface oarkina area to prevent drainina directly into creek. Employee Housing The development of SDD No. 4 will have impacts on available employee housing within the Upper Eagle Valley area. In order to help meet this additional employee housing need, the developer(s) of Areas A and D shall provide employee housing on site. The developer(s) of Area A shall build a minimum of 21 employee dwelling units within Area A Westhaven Club & Lodge building (Ruins), 3 within the Cornerstone Building and 2 within the Liftside (Waterford Building). Each employee dwelling unit in the Westhaven Club & Lodge building (Ruins) shall be deed restricted as a Type III EHU. Said deed- restriction shall be executed and recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a temporary certificate of occupancy. Each employee unit in the Cornerstone Building shall have a minimum square footage of 600 square 19 Ordinance 14,Series of 1999 r feet. There shall be a total of 2 employee dwelling units in the Waterford Building. One shall be a minimum of 300 square feet and the other a minimum of 800 square feet. The developer of Area D shall build 2 Type III employee dwelling units in the Area D east building peF the apprawd pier: fsr tV9 East Building. in Area D one employee dwefling ar:it shall hea-mini: x;. t and t: s seGend ernpl9yee dwelling unit s"all ~,avz a .irA+num GRFA-of 990-sq- are feet. The GRFA for these emolovee housino units shall not be less than 1.865 so. ft. The GRFA and number of employee units shall not be counted toward allowable density or GRFA for SDD No. 4. All Employee Housing Units shall be deed restricted per Chapter 12-13, as amended, of the Town Code Vail icipal Code prior to issuance of building permits for the respective project. In Area C, Lots 39-1 and 39-2, shall be required to provide a Type II, Employee Housing Unit (EHU) per Chapter 12-13 of the Zoning Regulations of at least 500 sq. ft. each, on each lot. These lots shall not be entitled to the 500 sq. ft. of additional GRFA. The 500 sq. ft. shall be included in the allowable GRFA on these lots. Each lot shall also be entitled to 300 sq. ft. of garage area credit for the employee housing unit, in . addition to the 600 sq. ft. garage area credit allowed per residence. The driveway width of 12 is allowed to remain (no increase in driveway width is required) for all allowed/required dwelling units and employee housing units on these lots. Time Requirements SDD No. 4 shall be governed by the procedures outlined in Section 12-9A of the Town of Vail Municipal Code, unless such time requirement is amended herein Westhaven Club & Lodge Conditions of Approval 1. That prior to issuance of a building permit, the applicant submit a detailed contractor's cost estimate identifying the costs necessary to relocate the existing overhead utility line along the applicant's north property line underground, and that the applicant establish a financial bond with the Town of Vail in the sum of 125% of the said relocating costs to insure the undergrounding of the utility line. 2. That the applicant regrade and revegetate the knoll located at the northwest corner of the development site at the time of the final grading of the Westhaven Club & Lodge. Due to the exposure and aspect of the hillside, the knoll shall be regrading to slopes not exceeding 3:1. The regrading shall be reviewed and approved by the Town Engineer and said regrading shall be completed prior to the issuance of a Temporary Certificate of Occupancy 20 Ordinance 14,Series of 1999 3. That the applicant provide Type III Employee Housing Unit deed-restrictions , which comply with the Town of Vail Employee Housing Requirements (Title 12, Chapter 13, of the Town of Vail Municipal Code) for each of the 21 employee housing units, and that said deed-restricted housing be made available for occupancy, and that the deed restrictions be recorded at the Office of the Eagle County Clerk & Recorder, prior to requesting a Temporary Certificate of Occupancy for the Westhaven. Club & Lodge. 4. That the applicant submit detailed civil engineering drawings of the required off- site improvements (street lights, drainage, curb and gutter, sidewalks, grading, etc.) to the Town of Vail Public Works Department for review and approval prior to the issuance of a building permit. 5. That the applicant record a twenty foot (20') wide pedestrian/bike easement for that portion of pedestrian/bike path traversing the applicant's property and as identified on the Topographic Map prepared by Intermountain Engineering Ltd., dated 12/22/94, and that said easement be recorded at the Office of the Eagle County Clerk & Recorder, prior to the issuance of a building permit. The exact location and language of the easement shall be reviewed and approved by the Town Attorney and Town Engineer prior to recordation. 6. That the applicant provide written documentation from the Public Service Company granting approval of the construction of the Westhaven Club & Lodge in the location identified on the site plan relative to the high pressure gas line. Written approval shall be granted prior to the issuance of a building permit. 7. That the applicant record an access easement along the east property line for that portion of the driveway and access and trash enclosure which encroaches upon the adjoining property and that said easement be recorded at the Office of the Eagle County Clerk Recorder. The exact location and language of the easement shall be reviewed and approved by the Town Attorney and Town Engineer prior to recordation. Recordation of said easement shall be prior to the issuance of a Temporary Certificate of Occupancy. 8. That the final landscape plan and architectural elevations be reviewed and approved by the Town of Vail Design Review Board, prior to the issuance of a building permit. 9. That the approval of this major amendment to Special Development District #4 shall become lapsed and void one year from the date of a second reading of an 21 Ordinance 14,Series of 1999 s' ordinance amending the district, and that should the approval lapse, the applicant shall be required to remove the "ruins" and restore and revegetate the site by no later than September 1, 2000. A bond providing financial security to ensure that said removal occurs shall be required following second reading of an amending ordinance. It shall be the applicant's responsibility to provide a cost estimate of the removal and restoration work. The bond shall be in the amount of a minimum of 125% of the removal and restoration of the site costs. The bond shall be in place within 45 days of second reading of this ordinance. If the bond is not in place with the 45 daytime period, the approved development plan for the Westhaven Club & Lodge shall become null and avoid. 11. That the applicant revise and submit an amended site plan, landscape plan, and grading plan indicating improvements to the existing boulder retaining wall along the east side of the access driveway. Each of the plans shall be reviewed and approved by the Town staff and the Design Review Board. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,.nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 18`h day of May, 1999, and a public hearing for second reading of this Ordinance set for the 1st day of June, 1999, in the Council 22 Ordinance 14,Series of 1999 i Chambers of the Vail Municipal Building, Vail, Colorado. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 1st day of June, 1999. Robert E. Ford, Mayor ATTEST: Lorelei Donaldson, Town Clerk 23 Ordinance 14,Series of 1999 r MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: May 10, 1999 SUBJECT: A final review of a major amendment to Special Development District No. 4 (Cascade Village), revising the Glen Lyon Office Building site (Area D), located at . 1000 S. Frontage Road West/Lot 54, Glen Lyon Subdivision. Applicant: Glen Lyon Office Building Partnership, represented by Kurt Segerberg Planner: Dominic Mauriello 1. DESCRIPTION OF THE REQUEST The applicant is proposing to amend SDD #4, as it relates to the Glen Lyon Office Building property, Area D. The applicant is proposing to construct a 37,088 sq. ft. (gross) office building addition to the east of the existing building, a 3,270 sq. ft. modification to the existing building by adding hallways and an elevator, and two EHU's (1,127 sq. ft. and 738 sq. ft.). The resulting total leaseable area of the building is 35,741 sq. ft. which requires a total of 143 parking spaces. The new building is proposed to be constructed above two levels of a parking structure containing 127 parking spaces. The east end of the site will also contain a surface parking (with a level of parking below) of 24 parking spaces, for a total of 151 parking spaces. The proposal also includes aligning the entrance of the parking lot with that of the Vail Professional Building directly across the street and re-striping of the traffic lanes on the S. Frontage Road to accommodate turn lanes and bike lanes. The original Cascade Village SDD was approved in 1976 and has since been amended several times. The development plan approved in 1988 for this area included additional office space and a micro-brewery. On August 10, 1998, the PEC provided direction to the applicant to provide structured parking, substantially increase the square footage of office space, eliminate the proposed duplex development, and upgrade the architectural quality of the existing building. The Commission stated that adherence to the interior landscape provisions and the building height provisions of the previous approval could be varied. The Town Council gave very similar guidance to the applicant, at its September 1, 1998 meeting. Please refer to the Description of the Previous Approval and the Zoning Analysis for a comparison of the previous approval to the present proposal. 1 TOM AIL II. PROJECT PROS AND CONS Benefits • Provides a substantial increase in office space in the Town of Vail • Improves and redevelops an unsightly area and building in the Town of Vail • The project is an overall reduction in traffic impact from the previous approvals • Less of the site is utilized for development than previous approvals Negatives • The building is larger than the previous approvals • Project will add additional traffic to the South Frontage Road = III. STAFF RECOMMENDATION The Community Development Department recommends approval of the project subject to the following finding: That the proposed major amendment to Special Development District #4 (Cascade Village) complies with the nine design criteria outlined in Section 12-9A-8 of the Town Code. Additionally, the applicant has demonstrated to the satisfaction of the Commission that any adverse effects of the requested deviations from the development standards of the previous approvals are outweighed by the public benefits provided. The recommendation of approval is also subject to the following conditions: 1. The owner/applicant shall ensure that the utilities to this site are all placed underground for the entire length of the site prior to the issuance of a Temporary Certificate of Occupancy for the development. 2. The owner/applicant shall be required to provide roadway improvements in accordance with the approved plans. Prior to the issuance of a building permit, the applicant shall obtain approval by the Town of detailed civil engineering drawings for all proposed improvements including drainage improvements. 3. The owner/applicant shall deed restrict two Type III, Employee Housing Units in accordance with the Zoning Regulations prior to obtaining a temporary or final certificate of occupancy on the project. 4. The owner/applicant shall record an easement for the existing bike path on the west end of the property prior to obtaining a temporary or final certificate of occupancy on the project. 5. The building plans, rooftop mechanical plans, landscape plan, tree protection plans, and dumpster enclosure details shall be reviewed and approved by the DRB. 6. The owner/applicant shall mitigate the trees being removed by the development. The DRB shall determine the ratio of mitigation. A substantial vegetative buffer shall be established along the north elevation of the building. 2 VI. DESCRIPTION OF PREVIOUS APPROVAL (1988)Staff has summarized the information for the Cascade Village SDD that pertains to Area D below: 1. Permitted Uses: Business and professional offices. Please note that other uses are also listed as allowed in the SDD. 2. Density - Dwelling Units: Three dwelling units were previously allowed, two of which were employee dwelling units. 3. GRFA: The GRFA for the EHU's were to be a minimum of 795 square feet and 900 square feet. These dwelling units shall be restricted as Type III EHU's. The free market unit was not to exceed 1,630 square feet. 4. Commercial Square Footage: Total office area for Area D was not to exceed 32,314 square feet. The existing building is 10,500 sq. ft. in leaseable area (14,000 sq. ft. gross area). 5. Setbacks:. Setbacks were to be as indicated on the approved development plans, which are as follows: N: 2 feet S: 8 feet E: 30 feet W: 15 feet Gore Creek: 50 feet 6. Height: A maximum of 51% of the roof was to have a height between 32 and 40 feet. A minimum of 49% of the roof area was to have a height under 32 feet. 7. Site Coverage: No more than 37% of the total site area was to be covered by buildings. 8. Landscaping: 60% of the area was to be landscaped. 9. Parking: A minimum of 100 spaces were to be located in the parking structure. Parking shall conform to Town of Vail parking requirements. Please note that there are other standards regarding parking tied specifically to the operation of the micro-brewery. 3 V. ZONING ANALYSIS The development statistics for the proposed buildings in Area D are shown below (note that there is no underlying zoning in this SDD): Lot Area: 78,307.81 sq. ft. Standard Allowed by SDD (previouslv) Proposed Height: 51 % max. 40 feet 43'- 72' 49% max. 32 feet Setbacks: Per development plan: N: 2 feet N: 19' (existing) 1' new S: 8 feet S: 10' E: 30 feet E: 155' W: - 15 feet W: 135' Stream Setback: 50 feet from centerline 55' Site Coverage: 37% or 28,974 sq. ft. 29% (22,700 sq. ft.) Landscaping: 60% or 46,985 sq. ft. 59.7% (46,757.81 sq. ft.) Parking: Per Vail regulations 143 req./ 155 provided Commercial Floor Area: (existing) 32,314 sq. ft. 35,741 sq. ft. total/leaseable 37,088 sq. ft. total/gross (14,000 sq. ft. gross) Density: 1 free market DU allowed 2 EHUs 2 EHUs required GRFA: DU -1,630 sq. ft. 0 sq. ft. EHU - 1,479 sq. ft. total min. 1,865 sq. ft. Loading and Delivery: 1 berth required 1 provided VI. DISCUSSION ISSUES 1. Building Height Building height is one aspect of the proposal that may exceed the development standards listed in the SDD. For the 1988 approval of the micro-brewery, building height standards were as follows: • Maximum of 51 % of the roof was allowed to range from 32 feet to 40 feet. • A minimum of 49% of the roof was required to be less than 32 feet. 4 The applicant is proposing a building that ranges from 43'- 72' in height at the direction of the PEC, DRB, and the Town Council. The previous direction given by the PEC and the Town Council was that the previous limitation could be varied for this project. 2. Architectural Character The applicant is proposing improvements to the existing building in order to create a consistent architecture across the site. The applicant has received positive feedback from the DRB on the proposal. Final DRB approval will be required. 3. Employee Housing The applicant is proposing this same quantity of employee housing units (2 EHU's) as was previously approved. The scale of the project and the type of use proposed will not generate as many employees as the previous approval, since that project included a micro-brewery and restaurant. The applicant has been working with the 2 EHU requirement for the past several years. The PEC gave the applicant the direction that due to the type of use being proposed and based on the direction the applicant has been working under for a number of years, that the proposal for 2 EHUs on the property seem fair. A recent study (June 1998) on Town of Vail businesses shows that professional offices in Vail, on average, operate with 5.86 employees per 1,000 sq. ft. of net leaseable floor area. With other SDD projects the Town Council has required that 30% of the demand generated be accommodated either on-site or off-site, in the form of deed restricted housing. The currently accepted standard for minimum square footage of housing required per person is 350 sq. ft. If we apply these numbers to this project we find the following: New Impact Only: ? 25,241 sq. ft. (net leaseable floor area) x 5.86 employees/1,000 sq. ft. _ 148 employees ? Employees to provide housing for = 148 x 30% = 44.4 employees ? Translates to 15,540 sq. ft. of housing - 4. Utilities The previous approval for this site required that all utilities be placed underground. Staff continues to believe that this should be required and the applicant is proposing to underground these utilities. VII. REVIEW CRITERIA FOR THIS REQUEST Titlel2, Chapter 9 of the Town Code provides for the establishment of Special Development Districts in the Town of Vail. According to Section 12-9A-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 Town; to facilitate the adequate 5 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 the properties underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District. The Town 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. 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 proposed design of the building is of an architectural style consistent and compatible with other structures in the area. The DRB has reviewed the proposal on two occasions and, with revisions, has given the project a conceptual approval. The proposal was revised to place development over structured parking on the site and thus eliminate new development on the west end of the site. This concentrates development to the east half of the site where the existing parking lot is located. The building will be quite larger in scale than the buildings that exist in the area or across the street. However, due to the extreme grade change from the road to the creek and due to the presence of the steep hillside behind, the project will not appear as dominent as it might on other sites. The presence of additional height will have little impact on adjacent uses due to the amount of setback being proposed or open space surrounding the lot. Additionally, there will be limited front setback for the project along the road frontage, however, the right-of-way in this area is 125'+ wide and therefore will not have adverse impacts on development across the street or on vehicular or pedestrian movement. Staff believes that the proposed building is appropriate for the area and compatible with the surroundings. - b Existing Building - North Elevation 6 t•:s 125 of right-of-way. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The proposed use is an office building with two on-site employee dwelling units. This area is characterized by commercial, office and heavy service uses serving mostly the permanent population of the Town with some uses also serving the guest. The proposed uses are compatible with existing and potential uses and activities in the area. C. Compliance with parking and loading requirements as outlined in Title 12, Chapter 10, of the Town Code. The proposed development provides all of the required parking for the existing and proposed uses on the site in a structured parking lot. Due to the office type of use and in accordance with the loading and delivery requirements for office uses, one loading berth has been provided in addition to extra parking spaces on the site for van size delivery trucks. D. Conformity with the applicable 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 or amending Special Development Districts. Staff has reviewed the Vail Land Use Plan and believes the following policies are relevant to the review of this proposal: 1. General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a 7 balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water, and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.5 Commercial strip development of the Valley should be avoided. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill). 3. Commercial 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 4. Residential 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. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. The proposed development is concentrated to the area of the site that is currently disturbed with parking areas. The proposal will remedy some existing drainage issues affecting the site. There are several large evergreen trees on the property that will be impacted by the development. The DRB will be required to review the landscape plan in order to provide proper mitigation and protection for trees impacted by the development. Additionally, the applicant has provided an environmental impact report and a drainage study for the proposed development and those reports shall be made part of any approval. There are no geologic hazards affecting the site. 8 Existing parking lot on east end of site 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. As stated previously, the proposal provides for adequate open spaces and buffering of the project from adjacent uses. Staff believes that there should be large scale vegetation provided along the north elevation of the building to help soften the scale of the building and provide adequate buffering in an area with little landscaping opportunity. The DRB will be responsible for ensuring an adequate landscape plan. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. The on-site vehicular circulation will be mostly accommodated in two levels of structured parking with two access points from the frontage road. The pedestrian circulation will also be primarily within the parking structure or along the front of the building on a path provided by the applicant. Per Town Regulations, the applicant is required to ensure snow removal from this path. 9 Existing Bike Path West End Open Area - yrY.• i lr ~ . ~ ~oooj d x v ' qy- Y,wc~s ` 3 w w P ~i;... ,!s'{'iw"w.w ~ ,vwwwriw.vw.w, H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. See discussion under A, B, and F above. 1. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The project will be constructed as a single phase project. 10 " .y Aw. i y.. 41, w• .i. Glen Lyon Office Building - S. Elevation FAEV ERYONE\PECWIEMOS\99\GLOB2 12 Glen- Lyon Office Building Location Map 'm N 84 J"q ll0 909 ,5 lA7 ABC TRACTD 816 yA TRACTA LION 12 SNOW 11.. CASOLAR IIB7 900 961 ,7 +Op 7 1090 ' 1023 Ala A6B j 907 901 9'l1B15'fATE 70 11a, 114 1 SNOW 007( / B] (94 T.O.V.) "75 /W0 BREAKAWAY 1m WEFT OP 03 %DGF %-0 C.N` ~ „An VO?+5 VAn RUN kR VAIL CIO 1OTC11 1000 ,000 VAGA9AOC i MAwr. SHOP WEST 9$2 DAY L T'79 NPLATI , MORCUS SUBDIVISIC +790 9a 8 SYKA RUN O.' .OT C4,-= j i 770 1100 1W/ % on BE1,IeR CROS9%G OI.AMT I as TRACT °C 97 VAIL IL sw AMOCO 2 UNOUTM RD C' S F~~~PG +oea ~ I - UK-,TTED TRACT K j /6 u ~ 79.1 79,7 i 900 7b I T ++m I i i p 1100 Subject Property N Produced by the Community Development Department S RESORT DESIGN ASSOCIATES Planning and Environmental Council Submittal for the GLEN LYON OFFICE BUILDING Proposed Addition and Improvements Lot 54, Glen Lyon Subdivision 1000 S. Frontage Road West Town of Vail Eagle County, Colorado March 29, 1999 Resort Design Associates International, Inc. 1000 South Frontage Road West • Suite 300 • Vail, Colorado a 81657 970 476 4433 phone 0 970 476 4608 fax www.resortdesign.com RESORT DESIGN ASSOCIATES March 29, 1999 Glen Lvon Office Buildine Addition Summarv: The Glen Lyon Office Building is an existing structure consisting of 14,000 gross.square feet and. 10,500 square feet of leasable space. The structure is two stories on the West end and three . stories on the East end. There are approximately 60 surface parking stalls. The proposed addition will consist of two levels of underground parking accommodating 127 parking stalls, with an additional 24 surface parking stalls at the East end of the site. The parking structure represents 42,304 square feet of new construction. The office portion of the project will consist of a maximum of three stories of leasable space representing a total of 37,088 gross square feet and 25,241 leasable square feet. The new construction will also include two Employee Housing Units. The construction will include upgrading the existing building with a connecting hallway to the new construction. This will allow handicap access to both new and existing buildings via an elevator located in the new construction. Additionally, the existing siding on the building will be removed to allow new construction to blend with old by using a combination of stucco elements and new wood siding. A mansard roof will be used on both new and old construction. This will facilitate the hiding of new and existing rooftop mechanical units. The refurbishing of the existing building and the new construction will provide site improvements including a raised bike path for the length of the property adjacent to the Frontage Road. The overhead utilities are scheduled to be placed underground in this construction scheme. Resort Design Associates International, Inc. 1000 South Frontage Road West • Suite 300 • Vail, Colorado • 81657 970 476 4433 phone 9 970 476 4608 fax www.resortdesip.com THE RESORT DESIGN COLLABORATIVE I N T E R\ A T 1 0 N A L March 29, 1999 Glen Lvon Office Building Addition: Existing? Office Space: Gross Level0 5,600 Level 1 5,600 Level2 2.800 Total 14,000 sq.ft. Leaseable s.f.- 10,500 sq.ft. Addition to Existing Building (circulation): Gross Building s.f.- 3,270 New Building: Gross Level 1 15,660 Level 2 12,470 Level3 8.958 Total 37,088 sq. ft. Leaseable s.f.- 25,241 sq.ft. Emniovee Housing Units: Two units: Unit 1 1,127s.f. Unit 2 738 s.f. 1.5 Parking stalls per unit = 3 stalls required Parking Structure: Gross s.f- 42,304 sq.ft. 5 handicapped stalls Totals-127 Parking stalls in parking structure 24 Surface compact parking stalls 151 total parking stalls provided 25% compact stalls = 38 allowable compact stalls, 26 provided phone: 970.476.4433 1000 South Frontage Road West. Suite 300. Vail. CO 81657 info@resortdesign.com fax: 970.476.4608 V A 1 L F R I S C 0 D E N V E R S A N F R A N C I S C 0 cow, =M.D'a GLEN LYON OFFICE BUILDING Y -AS r 6", C* c at to n,a,r.96161 I IV 1000 S. FRONTAGE RD. WEST - ' ` . VAIL COLORADO ? I " °.v r a - mw•v .wro wn.i~ -.._..r..v r wwM I I rd • ' r Y~1 I I i iI F/rd~0r r~Or. 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R'ry MNM SHEET CJ Special Deuelopii cent Dish ict # Major Aii tendii tent Request ENti mKONMENTAL IMPACT REPORT I Special Develop?? tent District #4 Major At f tend? ? tent Request ENVIRONMENTAL IMPACT REPORT Prepared for: Glen Lyon Office Building Partnership 1000 South Frontage Road West Vail, Colorado 81657 Prepared by: Peter Jamar Associates, Inc. PO Drawer 4727 Vail, Colorado 81658 April 23, 1999 The purpose of this report is to provide information relative to a request for a major amendment to Special Development District #4. Specifically, this report addresses the range of information required under chapter 18.56 of the Town of Vail Municipal Code. Information provided within this report and other accompanying application information outlines existing environmental conditions of the site, describes the proposed development plan, identifies potential impacts that may result from the proposed development and provides recommendations for measures that may be implemented to mitigate potentially adverse impacts. Special Development District #4 was established in 1977 and since that time has been evolving into a high quality mixed use resort complex involving residential, recreational, educational, and commercial land uses and activities that serve both the Vail local population and the destination visitor. The evolution of the SDD has required periodic amendments to the SOD to maintain. market competitiveness and to respond to the changing dynamics of land use within the Town of . Vail. The Glen Lyon Office Building, a Colorado Partnership, proposes to make amendments to the existing provisions of a portion of SDD #4. These amendments are intended to provide for a proper balance of land uses as well as to provide first class professional office opportunities to the residents and guests of Vail. Specifically, the requested amendments to SDD #4 are proposed for Development Area D, the Glen Lyon Office Building. The proposed addition will result in two levels of underground parking accommodating 127 parking stalls, with an additional 24 surface parking stalls at the east end of the site. The parking structure represents 42,304 square feet of new construction. The office expansion portion of the project will consist of a maximum of three stories of leasable space representing a total of 37,088 gross square feet and 25,241 leasable square feet. The new construction will also include two Employee Housing Units, totalling 1,865 square feet. The construction will include upgrading the existing building with a connecting hallway to the new addition. This will allow handicap access of both new and existing building via an elevator located in the new construction. Additionally, the siding on the existing building will be removed to allow new construction to blend with old by using a combination of stucco elements and new wood siding. A mansard roof will be used to top both the new and existing space. This will facilitate the screening of new and existing rooftop mechanical units. The refurbishing of the existing building and the new construction will provide site improvements that include a raised bike path for the length of property adjacent to the Frontage Road. The overhead utilities are scheduled to be placed underground in this construction scheme. Development Area D, originally described as Lot 54 of the Glen Lyon Subdivision, is a 1.7977 acre parcel located between the South Frontage Road and Gore Creek. The parcel is bordered on the east side by Red Sandstone Creek at its confluence with Gore Creek and on the west side by the I-70 right of way, which includes the South Frontage Road. Existing development on the site currently consists of a 10,800 square foot, three story office building with 56 surface parking spaces which was built in 1982. The Town of Vail bicycle/pedestrian path crosses Gore Creek to bisect the western end of the site and then parallels the frontage road to the east for the length of the property. The proposed expansion will not impact the existing bicycle/pedestrian path where it bisects the site. An additional leg of the bicycle/pedestrian path parallels the property on the south side of Gore Creek. Page 1 Adjacent and neighboring land uses include a Glen Lyon open space tract across the creek to the south and the Frontage Road and I-70 to the west. Between the Frontage Road and I-70 to the north is a mixed use commercial development, an office complex and the Vail Associates shop and equipment maintenance facility. To the east of Red Sandstone Creek there is a gasoline service station, the old Town of Vail public works facility and a sewer treatment plant. Immediately downstream of Development Area D are the other properties that comprise SDD #4 including the Cascade Club, the Cascade Hotel and several residential projects. In 1988, Development Area D of SDD #4 was amended to allow for the addition of an office and residential building at the east end of the site and a micro brewery, beer hall, brew pub, beer museum and retail store as an addition to the western end of the existing professional building. These improvements were never implemented and will be superseded by approval of the currently proposed amendment to SDD #4. In accordance with Section 18.56.040 of the Town of Vail Municipal Code the following environmental conditions have been reviewed: Hvdroloeic Conditions The construction of-I-70 and the South Frontage Road has essentially isolated local- drainage to the site itself with minor contributions from the Frontage Road. Existing site runoff flows across the site via several poorly defined drainage paths and discharges directly into Gore Creek. A complete drainage study and plan have been prepared for the proposed improvements to the site. The runoff from the proposed parking structure will be collected in a storm sewer system and discharged into a sand/ oil interceptor vault. The vault will capture sediment and other pollutants related to the vehicles in the parking structure and prevent their introduction into Gore Creek. The remaining site runoff will flow through grass-lined swales and other landscape features that promote infiltration and natural filtering before discharge into Gore Creek. A complete copy of the drainage study is included with the submittal of this report. Atmosnheric Conditions The proposed addition of 25,241 square feet of leasable space along with 127 covered parking stalls and 24 surface parking stalls will present a negligible impact to current atmosphere conditions and will result in a positive improvement over potential future emissions: This proposal will supersede the existing SDD regulations which currently allow for microbrewery and brew pub uses on site: The elimination of potential brewery emissions and the short term traffic generation of a brewery and brew pub will result in a positive overall effect on our quality potential. The office building and residential housing units will comply with Town of Vail regulations and standards concerning woodburning and fireplace use. Page 2 L r Geologic Conditions The office building and residential structure will be located on the flat to gently sloping riverine terrace above the Gore Creek banks. The National Cooperative Soil Survey, USDA, Soil Conservation Service mapping of the site has been consulted and copies are included in the appendix of this report. The mapping indicates that Development Area D lies within an area of soil type 45, the Forsey Cobbly Loam. This soil type is suitable for the type of development proposed. This geologic setting supports similar types of building structures all along the Gore Creek Valley. There have not been any geologic issues associated with the existing development on site or with any of the other development that has occurred on similar geologic terrain up or downstream of the site. The building sites are not located within the Gore Creek 100 year floodplain or within any' defined geologic hazard or avalanche zones. Site specific geologic studies will be completed for footing and foundation design prior to building permit submittals. No impacts are expected to result from the proposed amendments with regard to land forms, slope and soil characteristics, or potential geological hazards. Biotic Conditions The native vegetation on the upper terrace of the site, including the building site for the expansion has been disturbed by previous human activities, including construction of I-70 and the South Frontage Road, construction of the Town of Vail bicycle/pedestrian path and the development of the existing office building and parking lot. The vegetation at the proposed building site mainly consists of introduced grasses and invasive weed species. A well developed riparian corridor flanks Gore Creek and includes a multi-layer habitat which, despite high chronic human disturbances related to the existing and adjacent land uses and the Town of Vail pedestrian/bicycle path, can support a variety of native bird species. The proposed improvements have been carefully sited to minimize impact to these natural habitats. However, approximately five mature trees will be removed to facilitate the building expansion. A topographic map and tree survey indicating the presumed areas of disturbance of the site may be found accompanying this application. A complete landscape plan which provides for revegetation of all disturbed areas is also presented for review with this application. Noise and Odor There should not be any additional noise or odor impacts beyond the typical activities associated with office and residential uses that are found throughout the Town of Vail. The elimination of the microbrewery, brew pub and retail uses will substantially decrease activity on this site and will decrease the level of noise and odor that would have been associated with those uses. Visual Conditions Development Area D of SDD #4 is located along a highly developed corridor of Interstate 70 and the South Frontage Road. The proposed development of an office building is compatible and harmonious with existing land uses and the overall visual conditions of this Page 3 1 portion of town. The building will be subject to the Town of Vail design review process which will ensure that the proposed development will present a positive visual condition from an architectural and landscape perspective. The construction of the new office space and parking areas will include a complete exterior refurbishment of the existing office space. New siding and a mansard roof element will unify the old and new elements and present a positive visual image from adjacent public and private properties. Development Area D of SDD #4. is not located within any designated view corridor of the Town of Vail. Land Use Conditions The characteristics of the proposed uses are compatible with existing land uses on the site, with adjacent land uses and with the approved Town of Vail Master Plan The Town of Vail Master Plan of 1986 supports the development of these uses in a variety of ways. The land use plan designates Development Area D as appropriate for Community Office development. The definition of Community Office within the Master Plan reads as follows: This area is to include primarily office uses of all types. Some limited commercial uses, such as retail businesses, including general merchandise, apparel and accessories and auto service facilities would also be permitted. This currently proposed amendment to SDD #4, Development Area D is to allow an expansion of the office use and to include two employee housing units integrated into the office building architecture. The amended SDD would be fully in conformance with the Town of Vail Master Plan and the Community Office designation. The currently approved SDD includes the ability to construct a mircrobrewery, a brew pub, a museum, residential and retail space, as well as an office use expansion. The approval of the current proposal will supersede the existing approvals and eliminate these non-office uses from this portion of the SDD. Circulation and Trsnortation TDA Colorado, Inc., a Denver based traffic and transportation consulting firm has completed an Access and Parking Analysis for the proposed amendments to Development Area D. The report describes existing conditions, the proposed project and calculates traffic volumes and trip generation demands created by the proposed improvements. The existing access point to the property will be eliminated and two new access points will be created. In order to maximize efficiency of the parking structure there is no circulation system between the two levels. Each entrance to the site will access a separate level of the parking structure. In order to present unnecessary entrance and exit movements as building patrons search for a parking space the entire lower level of 79 spaces will be assigned to employees within the building. Page 4 The TDA Colorado report addresses the requirements for turning movements and concludes that a restriping of the South Frontage Road to appropriately define travel and turn lanes should be implemented. The complete TDA Colorado study is included with the submittal materials for this proposal. Population Characteristics The proposed amendments to Development Area D of SDD #4 will have a negligible impact upon residential densities and neighborhood patterns. The improvements will not result in the displacement of any existing residents or businesses. Based upon the current US Census figure for Eagle County of 2.63 people per dwelling unit it can be anticipated that the two residential units will increase the Town population by approximately 5 to .6,people, The 1984 Town of Vail Land Use Plan uses an assumption of 3.2 persons per dwelling unit for permanently occupied units. Using these figures the anticipated increase in the town population would be 6 to 7 people. The office expansion is intended to provide additional opportunities for the location or relocation of professional service and office businesses within the community and is not expected to have any measurable impact upon the town population base. Additional information which is included with this application for a major amendment to SDD #4 includes a detailed topographic survey that includes existing conditions and locates trees over 6" in diameter and detailed architectural and floorplan information including a quantitative analysis of the proposed improvements. The regulatory agencies which will have review jurisdiction over this project include the Colorado Department of Transportation for access issues and the Town of Vail for zoning and design review approvals. Summarv The improvements proposed within the major SDD Amendment for Development Area D of SDD #4 will not have a negative impact upon the physical characteristics of the site in terms of hydrologic, atmospheric, geologic, biotic, noise and odor, visual or land use conditions. The traffic and circulation demands can be provided for and the population characteristics of the .proposal will not negatively impact the community. Gore Creek is recognized, both locally and regionally, as a gold medal trout stream and the water quality of the stream will be protected through an engineer designed system that includes the provision of state of the art sediment filtration systems. Biotic conditions of the riparian corridor are protected by minimizing disturbance of the corridor and by providing appropriate landscape revegetation. Circulation and transportation needs can be met through improvements to the existing.roadway and the development of new access points to the site. Visual conditions of the site are substantially improved due to the elimination of certain uses, including the approved parking structure, and through the architectural compatibility of the proposed uses. Overall, the current proposal to amend Development Area D of SDD #4 represents a lesser impact to the overall environmental conditions of the site by substantially decreasing the intensity, scale and type of uses currently approved for the site. Page 5 U it TOWN OF PAIL Office of the Town Manager CHAMPIONSHIPS 75 South Frontage Road Vail, Colorado 81657 D 970-479-2105/Fax 970-479-2157 TM MEMORANDUM TO: Vail Town Council FROM: Robert W. McLaurin, Town Manager- DATE: May 14, 1999 SUBJECT: Town Manager's Report New Fire Station We are continuing to work to move the construction of the new fire station forward. As we have discussed previously, the initial decision that the Council will need to make is to site the station. You need to decide whether to place the station on the Spraddle Creek site or the Mountain Bell site. I am in the process of developing a memorandum which outlines cost considerations, fire safety considerations, as well as land use considerations for your review. It is our hope that we can make a decision on this issue in early June in order to proceed with the design of the new facility. Wav Findiniz Proposal At the last Council meeting we had a brief discussion concerning the Way Finding Proposal submitted to the Town of Vail by Land-Works, a landscape architecture firm from Vermont. As Sybill Navas indicated to the Council this gentleman was in Vail earlier in the spring and has a strong interest in working with the Town to improve way finding signage. We are at this time evaluating the proposal and will have a recommendation for you on how to proceed in the next few weeks. r~~1 RECYCLEDPAPER UPCOMING MEETINGS 5/25/99 WS PEC/DRB Discussion of future of Vail's marketing Discussion of EHU Code Alpine Garden Request Ford Park Playground 6/1/99 WS Revenues/expenditures discussion 6/1/99 TC Presentation of Mauri Nottingham Environmental Quality Award 6/8/99 WS DRB Review Discussion of False Alarm Ordinance TO: The Vail Town Council FROM: Kris Widlak:= DATE: May 18, 1999 RE: Update on the number of Employee Housing Units within the Town of Vail The purpose of this memo is to keep the Town Council informed of the number of Employee Housing Units (EHUs) that exist within the Town of Vail. . As of today, we have the following approved EHUs-within the Town: 256 EHUs`created prior to Ordinance 9 series 1992 (which means that there is no requirement that these units be occupied, and the restrictions are not in perpetuity.) These units include: 25 Vail Racquet Club units (restriction expires in 2000) 198 Timber Ridge units (restriction expires in 2001) 33 dispersed units (i.e. units connected to a single family home, duplex or other private development.) 25 EHUs created between Ordinance 9 series 1992 and Ordinance 14 of 1994 (which means that these units are divided by type, that there is no requirement that the units be occupied, and that the restrictions are in - perpetuity. )..These units include: 25._dispersed.units 141.EHUs created after.. Ordinance. 14 of 1994'(which means that•.these, units are.-divided by type, that the units are required to be occupied, and that the'restrictions are in perpetuity.) These units include: 53 Vail Commons for-sale units 18. Vail Commons rental units 24 Buzzard Park seasonal units 46 dispersed units _ (6 of these units do not yet have Certificates of Occupancy) 11 TOWN OF VAIL 75 South Frontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 FOR IMMEDIATE RELEASE May 12, 1999 Contact: Dick Duran, 479-2252 Bob McLaurin, 479-2105 Vail Fire Chief Vail Town Manager CHIEF DURAN TO RETIRE FROM VAIL FIRE DEPARTMENT AFTER 21 YEARS (Vail)--After 21 years, the last 18 as Chief, Dick Duran is announcing his retirement from the Vail Fire Department effective in July. Duran, 53, long known for leading by example, leaves a department that has evolved from a nine-member crew with little to no experience into one of the most skilled and respected operations within the state. "My people are trained and ready for the challenge," he said. "It's time for a change." A lifelong resident of the area, Duran has spent the better part of his life around fire service, starting as a volunteer for the Red Cliff Fire Department at the age of 17. After stints with the Gilman Mine and the Village Market grocery store in Vail, Duran joined the Vail Fire Department as a technician in 1978. Three years later, fellow firefighters unanimously elected him Acting Chief following the resignation of Gordy Swanson. Later that year, Duran was appointed permanent Chief by the town, making him only the fourth Chief in Vail's history. "When became Chief, Craig Morton was quarterbacking the Broncos," Duran quipped. "I've seen a lot of changes in the town, the department and in life in general." Vail Town Manager Bob McLaurin says Duran will leave a legacy that will endure for years to come. "Dick has taken teamwork to its highest level. He prefers to motivate and inspire, rather than dictate and direct. He exemplifies our organizational values in their purest sense and the department's many milestones are reflective of that." (more) RECYCLED PAPER a • •7 Add 1/Duran Those milestones are most evident in the department's bottom line: No person, civilian or firefighter, has been killed or seriously injured in a Vail fire. What's more, the fire loss rate for Vail is one tenth the rate of other comparable cities. Firefighter colleagues credit Duran for reorganizing the operational management of the department in 1991 by emphasizing prevention and public awareness. As a result, Duran has_ increased the department's professional standards and proposed greater accountability to the public. A decade earlier, Duran helped broker consolidation of the West Vail, Bighorn and Vail Village fire districts and helped form the Eagle County Ambulance District. In addition to his management strengths, Duran also has been instrumental in the radical redesign of firefighting equipment built specifically for Vail and now available industry wide. Vail's fire trucks have a shortened wheelbase, for example, along with four-wheel drive. Also, Duran helped introduce the "Quint Pumper," a combination pumper/ladder truck, allowing for greater flexibility in firefighting strategy, as well as additional accolades from the insurance industry. The design has since proven to be the standard in progressive fire departments across the country, including Phoenix and St. Louis. Duran's leadership also is evident in the department's hazardous materials operations. Active in haz mat for over 15 years, the department now boasts a fully equipped haz mat trailer, a fully- certified and trained group of responders and a mutual aid agreement with the Colorado State Patrol for hazardous materials response, one of the first in the state. Numerous other attributes are cited by Duran's colleagues, including his encouragement of professional development. As a result, the department is equipped with state and federally certified instructors in programs such as medical technician, hazardous materials, confine space rescue, swift water rescue and wildland firefighting, among others. Above all, Vail Fire Marshall Mike McGee says Duran's style has been both genuine and (more) V f Add 2/Duran compassionate. "He's been a father figure to so many of us who literally grew up in this department," said the 21-year department veteran. "Seven of us have been here 20 years or more, six have been here 18 years and five others have served close to 10 years each. That's an awful lot of loyalty and togetherness." Also in Duran's 18 years as Chief, more than 350 students have participated in the student resident program, initiated in 1979. Many have gone on to become chiefs, battalion chiefs, captains, inspectors and firefighters. When asked about his most memorable fire, Duran describes the Lodge Tower fire of March, 1982. "It was extremely cold and nothing seemed to work," he said. "The hydrants broke and the lines froze. We took what we had and did the best we could." The fourth floor fire was caused by a faulty television and was extinguished quickly by an aggressive attack with marginal equipment and, according to the department's historians, set a long-standing "quick-attack" tradition for the department which is exemplified by the first-in pumper making an entrance to the fire location, with the second-in pumper supplying water to the first and commanding the additional response units. Duran has served under four town managers dating back to Terry Minger and will likely be known as one of the longest standing department heads in the town's history. "I'm one of the few employees who remembers Minger's Tomb," he joked. Minger's Tomb, so named for the former town manager, was a large square stone monument that once marked the entrance to Vail. As Fire Chief, Duran has seen the department's case load increase more than 300 percent from 1981 to 1990. Plans are currently underway to relocate and expand the Main Vail fire station to a two-company facility north of the Main Vail roundabout for more equitable response times town wide. Town Manager Bob McLaurin says the fire station expansion is long overdue. (more) Add 3/Duran "When this fire station becomes a reality, we know Dick will be able to rest easier at night. He's kept this issue in the forefront for the last 18 years and for that, this community should be extremely thankful. Dick will most definitely be missed." Duran says he's not sure what he'll do with his time following retirement. "Right now, I'm focusing on a smooth transition," he said. "Then, I'll have more time to sort through my options." Duran and his wife, Geneva, just celebrated their 34th wedding anniversary. They have three children and three grandchildren. Daughters Jeannette Blankenship and Amy Duran live in Eagle County, while son Richard lives in New Castle. In his spare time, Chief Duran loves to hunt, fish, camp and golf. He hit a hole-in-one last April at the Rifle Creek Golf Course on a par- 4 hole. "My family has been incredibly supportive, especially my wife," said Duran. "She's had to live with the radio traffic and the crazy hours for all these years." Assistant Fire Chief John Gulick will serve as Acting Chief following Duran's departure. Gulick is a 22-year veteran of the department. Several recognition ceremonies are being planned to honor Duran for his 21 years of service and will be announced shortly. t Air 1~ - TOWN OF VAIL 75 South Frontage Road ~WORLD CHAMPIONSHIPS Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 TM MEDIA ADVISORY May 12, 1999 Contact: Suzanne Silverthorn, 479-2115 Community Information Office VAIL TOWN COUNCIL HIGHLIGHTS FOR MAY 11 .Work Session Briefs Council members present: Armour, Arnett, Foley, Kurz, Navas --Site Visit to Lionsridge Loop/Buffehr Creek Road Following a site visit to the Lionsridge Loop/Buffehr Creek Road project area, the Council voted 5-0 to maintain approval of a $1.8 million base bid from Dow Construction of New Castle for street reconstruction work. The Council had considered two additions to the project--a Chamonix sidewalk extension for $86,000 and a sight distance correction for $110,000--but agreed not to proceed with the add-on projects after weighing costs versus benefits. For more information, contact Greg Hall, acting public works director, at 479-2160. --PEC/DRB Report During a review of the most recent meeting of the Planning and Environmental Commission (PEC), Councilmember Sybill Navas inquired about a request by Vail Mountain School to pursue a conditional use permit for construction of a temporary classroom on the site for a 10 month period. Although the May 10 discussion was preliminary in nature, Senior Planner George Ruther said the PEC expressed its interest in maintaining such a structure as a temporary use rather than transitioning it to a permanent use. During a similar review of the most recent meeting of the Design Review Board (DRB), Councilman Michael Arnett inquired about the status of the Marriott redevelopment. Senior Planner George Ruther said the applicant has responded to some of the design issues raised by the DRB with discussions continuing on May 19. Also, Councilmember Sybill Navas inquired about the status of a locker room/loading dock expansion at Dobson Ice Arena, proposed by the Vail Recreation District. The concept received a conceptual review by the DRB May 5 and is scheduled for final review by DRB on May 19. Navas expressed concern on two fronts. First, she said she hoped the project wouldn't preclude improvement ideas generated by an upcoming design charette for town wide community facilities (scheduled for June 8-10). She also wondered why the Town Council wasn't more involved in the planning since the building is owned by the Town of Vail and leased to the Vail Recreation District. In response, Councilman Kevin Foley, who is the Council liaison to the Vail Recreation District, said the district is interested in moving forward with the expansion once the design charette has been completed. Council will informally review the expansion plans at its May 18 work session. For more information, contact George Ruther in the Community Development Department at 479-2145. (more) RECYCLED PAPER r TOV Council Highlights/May 11, 1999/Add1 --Appeal of the PEC Approval for a Minor Amendment to the Golden Peak Development Plan to Construct a Ski Tunnel At the request of the appellant, the Council voted 5-0 to table the appeal to the June 1 work session. The ski tunnel, a project of Vail Resorts, is proposed to be constructed under a race course at Golden Peak to improve skier access to Ski Club Vail, Pinos del Norte condos and North Woods condos. Currently, skiers must cross the race course on Ruder's Route, which has the potential for skier collisions. In requesting the extension yesterday, John Dunn, an attorney representing an adjacent property owner, said that while his client is not actively opposed to the ski tunnel proposal, more information is needed to understand the scope of the project. Conceptual plans will be presented to the Design Review Board on May 19. For more information, contact Jeff Hunt in the Community Development Department at 479-2140. --Vail Marketing Options Discussion After reviewing Monday's community marketing discussion, in which the merits of at least three ballot issue approaches were debated, the Council, at the suggestion of Sybil[ Navas, agreed to step back from the issue with the expectation that one or more business coalitions step forward and offer a ballot proposal that will provide a permanent funding source for summer marketing. The Council set a deadline of June 1 to accept such proposals. During discussion yesterday, Councilmembers expressed frustration in their attempts to bring closure to the ballot framework issue. They also pleaded for the business community to take a leadership role. Otherwise, some Councilmembers wondered if the town wouldn't be better off to put its resources into improving the "product," such as better bus service, cleaner streets, etc., rather than marketing. Either way, Councilmembers acknowledged the need for various planning and operational scenarios depending on the outcome of the next series of steps. For more information, contact Assistant Town Manager Pam Brandmeyer at 479-2113. --Learning Tree and ABC School Request to Modify Terms and Conditions of Their Respective Leases The Council heard a request yesterday from representatives of the Learning Tree and ABC schools to modify their leases from the current 180-day relocation notice to a two-year exit plan. The town has leased land to the agencies for the past 20 years. The current lease agreement expires in 2002. The representatives said they'd been asked to appear before the Council by parents of the children in response to conceptual drawings on the Mountain Bell site that show a fire station, affordable housing and the two day care centers in a new location on the site. Although Councilmembers agreed that uninterrupted day care service would serve the community's interests well, they expressed caution in amending the lease unilaterally. Councilman Ludwig Kurz suggested the Council review other town leases with the town manager and town attorney to get a better understanding of other agreements. Also, Councilmember Sybill Navas reminded the group that the Council hasn't formally accepted any of the conceptual drawings. Town Manager Bob McLaurin said he's been working closely with the day care operators, including the offer of preliminary architectural services as well as relocation sites on other town-owned properties. In response, Moe Mulrooney of the Learning Tree, said she didn't expect the Council to make an immediate decision on the lease request. Instead, she said the group wanted to express their concerns as well as the need for a long term lease stating the location of a new building site in order to approach funders. For more information, contact Town Manager Bob McLaurin at 479-2105. (more) i TOV Council Highlights/May 11, 1999/Add2 --Information Update Councilmembers received a blue ribbon symbolizing the "thin blue line" in recognition of National Police Week. Flags will be flown at half-mast on May 15 to honor those who have been killed in the line of duty. --Council Reports Kevin Foley, who serves as a liaison to the Vail Recreation District, reported on this week's board meeting. Foley-said the VRD was pleased to be getting a favorable response from the Design Review Board regarding proposed improvements at Dobson Arena. Ludwig Kurz, who represents the Council on the Channel 5 Board of Directors, announced the appointment of Richard J. Knapp as the new station manager for Channel 5. Also, Kurz acknowledged a recent meeting of the Eagle County Recreation Authority (Berry Creek Fifth). Sybill Navas, who represents the Council on the Northwest Colorado Council of Governments, said she attended the agency's recent workshop on affordable housing initiatives. Navas said she came away from the workshop with an appreciation for statistical data that show the breakdown of residential units in such categories as long-term rentals, short-term rentals, etc. Also, Navas asked that a letter by sent from the town to Governor Bill Owens requesting that he veto Senate Bill 218, a takings bill. Navas said the bill would erode local land use authority. It is opposed by the Northwest Colorado Council of Governments Water Quality/Quantity Committee. --Other After reviewing a proposal to improve Vail's directional sign program, Sybill Navas suggested moving forward with the work and involving the Art In Public Places Board. Copies of the proposal will be distributed to the full Council. Ludwig Kurz inquired about the status of volunteer parking at Ford Park this summer. Assistant Town Manager Pam Brandmeyer indicated the topic will be addressed during a Ford Park management meeting on May 20. Kevin Foley inquired about the status of the Lionshead skate park construction, noting that skate boarders are currently looking for an outlet. UPCOMING COUNCIL DISCUSSION TOPICS -May 18 Work Session Interview for 3 Liquor Board Positions Interview for 1 Vail Valley Marketing Board Position Presentation of Community Survey Results Discussion of Vail Marketing Options May 18 Evening Meeting Appointment of 3 Liquor Board Positions Appointment of 1 Vail Valley Marketing Board Position 1998 Audit Report First Reading, Ordinance 14, re: Glen Lyon Office Building Second Reading, Ordinance 13, re: Holy Cross Franchise Agreement (more) TOV Council Highlights/May 11, 1999/Add3 May 25 Work Session PEC/DRB Discussion of Vail Marketing Options Discussion of Employee Housing Unit Code Alpine Garden Request Ford Park Playground Discussion of Town of Vail Revenues/Expenditures TOV REMINDERS Vail Clean-Up Day Bulky Item Pick-up Request, through May 13. Call 479-2333 to schedule your free curbside pick-up, which will take place on May 14. Dowd Junction Recreation Path Closure, May 14-June 10, for deer migration study. Call 479- 2160 for info. Town of Vail Spring Clean-up, 8 a.m. to noon, May 15, Golden Peak in Vail. Call 479-2333 for info. Town of Vail Community Internet Survey Response Deadline, 5 p.m., May 15, (www.vail.net/tov) Call 479-2115 for info. Marketing/Lodging Tax Community Discussion, 8:30 to 9:30 a.m., May 17, Vail Town Council Chambers. Call 479-2113 for info. Ford Park Management Team User Discussion, including paid parking schedule, 1:30 to 3 p.m., May 20, Town of Vail, Administration Small Conference Room. Vail Housing Lottery for Vail Commons/East Vail Units, 7 p.m., May 20, Vail Town Council Chambers. Call 479-2144 for info. Marketing/Lodging Tax Community Discussion, 8:30 to 9:30 a.m., May 24, Vail Town Council Chambers. Ford Park Management Team Use Discussion, including paid parking schedule, 1.30 - 3:00 P.M., May 20, Vail small administration conference room. ~y TOWN OF VAILu 75 South Frontage Road Office of the Mayor Vail, Colorado 81657 303-479-2100 FAX 303-479-2157 May 12, 1999 The Honorable Governor Owens VIA TELECOPIER 303/866-2003 136 State Capitol Denver, CO 80203 Dear Governor Owens: I am writing to on behalf of the Town of Vail and the Vail Town Council to encourage you to veto a bill that is before you, SB 218, referred to as the "Takings Bill". • The proposed takings legislation, though pitched to protect private property rights, would also upset the balance between the Front Range water diverters and the West Slope. • If this legislation were enacted, site specific permit conditions designed to address the impacts to headwater counties of a proposed water project would be subject to legal challenges. • West Slope communities need strong land use regulations to address a variety of impacts in our areas caused by growth on the Front Range and large transmountain diversions (e.g., socioeconomic, recreational, water quality, water supply, etc.) • The West Slope is being asked to pay the price for arbitrary land use planning on the Front Range. The Front Range and the legislature should solve problems as they arrive in those areas of the state, rather than pass a "one size fits all" piece of legislation. Please veto SB 218 and let us wait until the Interim Legislative Committee has bet and has examined growth from a statewide perspective before passing any takings legislation. Thank you for your consideration of this matter. Sincerely, ZT OF )AIL Robert E. Ford Mayor REF/aw xc: Vail Town Council April 19, 1999 Robert W. McLaurin Town Manager Town of Vail 75 South Frontage Road Vail, Colorado 81657 Dear Bob; Thank you for The opportunity to submit our Proposal to Provide Consultant Services to the Town of Vail. The proposal addresses several study areas including public spaces and parking facilities, pedestrian and vehicular wayfinding and the provision of public information. The proposal is based, in part, on our discussions and village site walk conducted several weeks ago when I was in Vail. It was a pleasure to meet you then and I do want to thank you for your time and insights. I am hopeful that this proposal responds to the issues we identified and provides an appropriate strategy for developing and implementing enhancements and/or improvements. We took extra care and time to ensure that this proposal was both well presented and comprehensive. All of us at Land-Works are excited about the possibility of assisting you, town officials and the citizens of Vail in this timely undertaking. We believe unequivocally that we can provide a unique and fresh perspective in addressing the issues as identified. Our perspective as visitors to Vail enables us to see and experience the environment in the context within which it must function. Vail's vitality, density and development pattern can be overwhelming to the newcomer. This fact, coupled with its qualities as a pedestrian village, underline the need to ensure that Vail's environment continues to evolve in respons to identified needs and opportunities. Our multi-disciplinary capabilities allow us to integrate and address areas of focus which typically require several consultants. Our experience with mountain community planning and design, expertise with the latest technologies and our familiarity with current research allow us to provide a comprehensive approach to this undertaking. Land-Works' commitment to community and constituent involvement translates into solutions which are responsive and garner the public support necessary for actual implementation. We are eager to review this proposal with you at your earliest convenience. Please do not hesitate to contact us should you have any questions or require additional information. We will look forwa_d to hearing from you. Sincerely, David Raphael, ASIA, SEGD Principal LANDSCAPE ARCHITECTURE, PLANNING & DESIGN • 2 MAPLE ST #26 • MIDDLEBURY • VT • 05753 s 802.388.3011 • FAX 802.388.1950 I ley F~+{'+j,}"-L llyt}:t~Yb, 00- SNOW SCENICS Aerlsl Ynll SW Arcs. Yldl, Cdsrade, USA- , '~"i4c.•; : ~fj y. ~ 1 i d"~h., x . 8858 0002 L fig..; 4 Pe?aealdoe Pu("ttiaK, a ~ a dllr64V ~tir ~oaetire is dal iT- Twlr o Vail cMal aao 74 rf ©pOSQliOf` t" eGtPv'tfPQfyfG//~p Q/ta WQg//ta//~p ~~tpf ©6-eNmT ts dav- t/LZ / Ou//( 0J /l COCOf`Qalo S6111hLed. t«: - The Town of Vail 75 South Frontage Rd. Vail, Colorado 81657 { ` ub.mi- :ted. by: Land-Works 211 Maple St. MW26 i Middlebury, Vermont 05753 802.388.3011 { April 19, 1999 I i i is Introduction & Overview ...............p.2 j Project Methodology Proposed Scope of Work .................p.5 Proposed Consultant Fees 8 Photographic Inventory ..................p.9 j Consultant Qualifications ...............p.11 T01W OF {AIL ` fI ProPara~~ar Per~esLfiaa, Par,~ir~ aT~(W~a~a~ /.nP~aueureKls' i ' introduction Overview The Town of Vail may be at a critical beginnings as a carefully planned European j juncture in its history. Vail the inspired pedestrian scaled village to a bus- community and Vail the resort continue ding, intensively developed community to evolve while reconciling transportation, spreading for several miles on either side of housing, land use, environmental and market- Interstate 70. The 1992 edition of the ing challenges. The travel and tourism Compass American Guide to Colorado industry is changing also: shifting demograph- describes it as follows: f ics, new trends and economic realities are L reshaping the ski industry. These factors were You can't miss Vail if you're driving articulated at the recent Sustainable Summits Interstate 70 because the town, with its i conference held in Vail. That same conference original Tyrolean-style core, has been j also posed the potential for collaborative supplemented by bigger and newer hotels planning to address issues facing mountain and commercial areas. The ski runs are comrrtunities and to implement strategies for a right off the road. Indeed, the hardest part sustainable future. This proposal responds, in of a Vail vacation just may be the two part, to this potential by outlining an ap- hour drive from Denver and getting off proach intended to address identified needs the highway. Once off, the town and { and opportunities related to the pedestrian businesses take over. Park your car in the environment. parking garages and be prepared to be shuttled to and fro, from and around. You i The public environment of Vail and its design can ride from motel to ski lift to restau- and management share similarities with other rant to shopping areas and back again day mountain resort communities. These commu- and night. j nities must inevitably deal with parking and circulation, cold climate site design, affordable The place works. The snow gets plowed. i housing and aesthetics. Additionally, they are The trash gets dumped. The shuttles run also located in sensitive environmental set- on time. It's clean....The people are tings. Finally, the provision of extensive and friendly. j appropriate visitor information and support services is an essential component of the To the visitor, Vail is much more than this public infrastructure. Since its municipal entry implies. Indeed, Vail has come of age as corporation in 1966, Vail has grown from its a community, making the transition from a 2 q1C TOWN Of f~Pr~oPosa~6af Peclestriaa, Par~ir~ arelW~aai~r~ /nrP~oaenreats ' privately funded development designed to dissemination of transit system information serve as the base area of an exceptional ski to facilitate access and use mountain to a multi-faceted municipality -The need to solve certain maintenance served by state of the art recreational, educa- problems via design solutions and product tional and cultural facilities. It is evident that selections Vail residents continue to value the town's human scale and strive to maintain and • The opportunity to provide more extensive enhance the functional and aesthetic qualities guidance for vehicular and pedestrian travel of the public realm. via an integrated system of wayfinding elements; the "walkability" of Vail is one of Observations of current conditions in Vail and the town's major assets and should be further interviews of visitors and residents suggest the enhanced and promoted following issues and opportunities: • The potential for refinements to the Gore i Creek pathway to reduce maintenance • The need to continue to grow summer and requirements shoulder season tourism through valley-wide promotions and related visitor services • The need for minor but effective functional and aesthetic improvements to the town • The opportunity to enhance certain pedes- parking garage trian areas and amenities to Some examples of specific existing conditions address human include 1) an insufficient number of pedes- comfort, safety trian directional signs that are hard to locate ' F and to add and read; 2) a lack of legible and detailed seasonal vitality wayfinding maps whether in sign form or as 1 • The potential printed matter and 3) accessible and/or to add clarity visible crosswalk locations. Vail works well as and consistency a pedestrian village, but it can work even x to the presen- better with a number of small scale, afford- tation and able refinements which will make it even easier to get around and more enjoyable as f4 well. The project Methodology and proposed s Scope of Work which follows this introduc- tion is designed to respond to this opportu- nity. 3 qVA1 TOWN fl ProPasaAor Pedestr iaa, P-,@i, a4ef WQ~~iKQ%a8. /nrPr aaenreats Project Methodology j 1. Develop problem/opportunity statement; 2.3 Process establish current condition, need and program to address the need • interviews/decision making/confirm issues and needs • design for the first time visitor • stakeholders, visitors, residents, operators, • design for the car-less visitor community officials, • design for circulation • identify universal design/accessibility issues • integration of information systems; print, and opportunities signage, audial, tactile, environmental • design for pedestrian spaces/amenities 2.4 Mapping and photographic inventory 2. Inventory and analysis • document conditions, destinations and decision-making points 2.1 Vehicular 3. Program development j • from interstate to lift i • from interstate to lodging 3.1 System needs and components • from interstate to venue or event • travel from point to point in Vail and • signs and signage hierarchy environs • kiosks and information centers • signage visibility, legibility, location, quantity • printed communications/ wayfinding maps and quality • accessibility initiatives/universal design i elements 2.2 Pedestrian • circulation network; layout, lighting, safety • travel from point to point in Vail and • parking, parking garages environs • transit system • access to and information about public • connectivity with public art, landscape/ transit architecture 1 • circulation system quality and condition 4. Overall plan/strategy for implementation/ 4 AIL phasing/ operation and management TOIUN OF V osa~~ar Pedestrian, Partv a r~W rd~i~aia8 /nr~iroaenre~ts 14P-1 Pro*-;hosed Scope of i Work 1. Invento? y, Analysis and Client Collabora- 1.2.4 Explore alternatives for existing vchicu- tion on Location in Vaib lar control gates f 1.2.5 Study parking garage to identify and/or For the first phase of this project the consult- confirm functional and aesthetic issues j ant proposes to spend three days in Vail to 1.2.6 Address public space conditions as undertake the following tasks: identified by town manager and town q officials 1.1 Conduct meeting with town officials, 1.2.7 Review public transit information merchants association representatives, Vail components to identify areas for improving Resorts representatives, Tourism and Conven- user friendliness tion Bureau personnel, and citizen stakehold- 1.2.8 Review overall mapping, information ers. Conduct selected interviews and follow-up and wayfinding systems information gathering. i r 'Products: Inventory and analysis results Products: meeting summary, including presented in map, photographic and written identification/confirmation of issues and form. opportunities; programmatic needs and resources. 1.3 Prepare preliminary findings, recommen- dations and design concepts/solutions. . 1.2 Field inventory and analysis; based on intial visit in March, consultant will continue Product: Written summary with illustrations. inventory and analysis work to: 1.4 Present to client group for review, 1.2.1 Identify vehicular decision making comment, input and direction; identify next points along key routes to primary/major steps, timeline and resources for project destinations and to access parking development and implementation. 1.2.2 Pedestrian access and circulation defi- ciencies Product: Meeting summary and memoran- 1.2.3 Review interface of automobile and dum of understanding identifying course of service circulation patterns with pedestrian action for client and consultant. environment within village and to identify conflicts i 5 TOIVNOFVAIL i.. fit l Hmral6vr Pec ae -a r, p-41 aad A14d, At /rrProoenreaCs 2. Design Development and Program Product: Written cost estimate Recommendations 4 2.4 Prepare for and attend meeting in Vail 2.1 Design of specific project elements to (2nd visit/2 days) for presentation of design i ~ address needs and/or improvements as identi- concepts, cost estimates and preliminary feed in analysis phase and as agreed upon by implementation strategies. ax ae the client group. To potentially include: 2.5 Revisions and additions to items 2.1 and 2.1.1. Vehicular and pedestrian wayfinding 2.2 based client review and comment. system enhancements 2.1.2 Prototype for improved wayfinding map program Product: Submission of revised design s'y 2.1.3. Public Transport information improve- drawings and/or documents of project ments components as appropriate 2.1.4. Kiosk design and installation options 2.1.5. Parking garage improvements 3. Project Implementation 2.1.6 Detailed design and product recom- mendations for bus gate system 3.1 Prepare overall draft plan document to 2.1.7 -Detailed design and outline specifica- include: i tions for public space improvements. 2.1.8 Banner system design and/or alternative 3.1.1 Final drawings, details and specifica- concepts for display of event information tions as necessary and as agreed upon with client Products (proposed): Set of design drawings, 3.1.2 Determination of project priorities and model location plans, map prototypes and phasing narratives; outline specifications as appropriate 3.1.3 Identification and delineation of responsibilities and strategic partnerships for 2.2 Develop concept and preliminary designs project implementation. for interpretive system to address history, environment Product: Final written and illustrated plan document; design details and specifications as Product: Drawings of design concepts and agreed upon by client and consultant support material 2.3 Provide cost estimates for individual j project elements as identified in 2.1 and 2.2 6 TOIVNOF~AIL ,4Pvparal~o-Pedestriar, Pa4wrjaac/W jirt~a~/nrp~orenreats 7 L F{ Cx ~ _ • r r 1 , ,f ? r rv sv r ~ j~+'yn I l~~tl( '.~rr~.~~~yr41 ~v' "~*~W.. ;A a}~~^".-~' ~"'ti'. v r•c ~ ~ r M~ w' ~r~ .'_^'v., n"'" •tkf tr^,.r"A,ry~~: ...N'.~T ''r•r'...,~ <r.. ~ sF yk ~ i t xd ..r • w'~" ~ ~ ~ I " .~A.,J.SSl s`,~g.;~, .r. ,.K . .r,ymr. i~i~ Y f++w,"° f C,}~•'Y i ""r tYtx r 7 . v ^X!'iVr 9~a <r' 1.4 rao"e 't It .34*.r• . ~y t} .1'<`X:, Asa:. ~J7 LY ( L l o n s h e a d '~'i 9 r`nv'i• i 2 i e ~.F ='v.•. l:~n'alrr j Sd"H' r..n.nw :l~{7 N.hyr ''!-'J~ • t~ ~r•'Y~wM~1 '1~3r t r. r A variety of maps for Vail already exist. Some coordination, uniformity and scale would guide the visitor with clarity and legibility. R Examples o Existin')-r Vail Maps qV411 f~ProPasa~jfar Pedestrian, Par,~i~~ ardW~~aa%r8• IMP~ave~reats L.. Task 1: Inventory, Analysis and Client Specific consultant cost for this task is to be Collaboration on Location in Vail based on acceptance of proposed scope of work . Preliminary fee range estimate for Principal: 34 hours at $70.00/hr. = $2380. tasks 2.1 through 2.3 and 2.5 is $3500. to (airfare is included) Reimbursable expenses: 7000. Task 2.4 is estimated at $700. Reim- 1: _ photo development, lodging and travel to and bursable expenses: airfare, travel and lodging from airport. Task 3. Project Implementation Task 2: Design Development and Program Recommendations This task will be undertaken by Land-Works' principal and staff. Specific consultant cost This task will be undertaken by Land-Works' for this task is to be based on actual Scope of principal and staff. Rates are as follow: Work in Task 2 and acceptance of a final proposed scope of work for this task. Prelimi- _ Principal rate @ $70.00/hr. Associate Planner/ nary fee range estimate for Task 3 inclusive is Landcape Architect @ $45.00/hr. Associate $1500-3000. Graphic Designer @ $40.00/1-ir. From a visitor's perspective, one of Vail's most important assets is its scale and vitality. Arriving in Vail for the first time, however, and reaching certain destinations within the town can be confusing and undermine first impressions. Attention to enhancing vehicular and pedestrian circulation and wayfinding will capitalize on the town's walkability and vibrancy and become a marketable improve- ment. Exploring economies of scale, maintenance efficiencies, accessibility initiatives and a range of creative local, state and federal funding options will add value and clarity to Vail's pedestrian environ- ment while providing strategies for new initiatives and cost-effective management approaches. 8 %VAI TOWN f~ Pra~asat'6vr Pulas'triaa, Par,~ir~• aar~W~~iaa/a~• /,x~roacnreats es _ `',~~reFr e `ire h iQ c~lc ~j Ic" t . ~~le lle i G4r sig~l ~sra r4e s w . `beo' srd0 ~ees yafe f rh ~ esrfr~ilces r~0tl ?~G'rt ~rdr4ro po1 ~~erre ~~Ilg see A r e rie~ bore l rarZO As ar r f vseFi pj f, rl c,~ e fe, x i, rro ~ISi r r f GfQr~e~l~. k% " rl0 op, = ~ ~ • i Op orfl dQr~ i. tyro c0 f oA~6 fc refesr 1, On-Site 'hotocrraphy, ff Prapaf4IA- Pedcst-As pa-4t "d wa,,44,41 /nrpraoe weats t f f a` ZZZ G ~ 4i~Cty btG to .s'" aka aes,~~tao e :f~. exts~tn~~ 4`lats ovNp- o ootn4 So 0 TO{VN OF VAIL I 4 &,?ma1d1or Pd"4-iaa, Par4r aael Wa aQin~ /nrPraue Keats Consultant 3 Qualifications 1 L and-Works is a Vermont based Celebrating diversity - diversity enriches interdisciplinary firm with exten- the planning and design process, celebrat- sive experience and expertise in the ing diversity provides for an inclusive I planning, design of public spaces, pedes- approach to problem solving and vision- trian circulation systems, community ing projects, resort environments, wayfinding j programs and information systems. Literacy - our design and planning Founded in 1986 by David Raphael, a background is a plus as we provide graduate of Harvard Graduate School of facilitation, interpretation and participa- l Design, Land-Works five person profes- tion strategies to our clients and commu- sional staff includes landscape architects, a nity constituencies. We are literate and regional planner, an industrial designer articulate professionals who are sensitive i and a graphic designer. to the language and needs of others. i Our work in community development and Community - Land-Works believes the i downtown revitalization has provided us community spirit and community in- with insights and experience in the facilita- volvement is integral to creating healthy tion, participation and visioning process. societies and and a sense of place in our At the core of our approach is the commit- rapidly changing physical environment. ment to specific values: Sustainable, ecological and universal Integrity - Land-Works and its staff design - Land-Works professionals are believes in integrity as a basis for all it does conversant in the concepts and method- and all its client and community relations; ologies of ecological and sustainable design; we also understand and are Respect for others - our firm places high committed to the precepts of Universal i value on the opinions and perspectives of Design, design that serves the needs of all others : people with whom we work and people, of all ages and abilities. collaborate, our clients, and the stakehold- ers and community groups that we serve; TOWN %VAIL f~Propasa~~orPulestriaa, Par.@ir~aaclWd~~n~~r~~nrProaeMeats Signage, wayfinding and public informa- A partial listing of the services we offer tion systems, coupled with pedestrian include: planning initiatives provide essential • Graphic design, logotype and publica- identification, guidance, orientation and tion design accessibility elements for people. These systems are applied to a range of human ' System design and project master needs, from the desire that people reach planning for signing and wayfinding their destinations in a logical, safe and projects comforting fashion, to the need to move • Sign design and technical specifications goods and services efficiently, to the j Map development and production identification of building function and purpose, to the need to convey image and 'Site planning and analysis, site develop- identity, to fulfilling environmental and ment plans and specifications programmatic goals. Wayfinding systems • Interactive kiosk design and directory and planned pedestrian scaled environ- design ments provide opportunities for making • Planning and design to meet and exceed the world around us more visible, compre- accessibility standards hensible and enjoyable. • Preparation of sign ordinances, develop- ment of planning and zoning initiatives Land -Works has the specific iciterdiscipli- nary capabilities to address all facets of ° Pedestrian planning and traffic calming environmental design projects. A decade of projects research, experience and successful project • Landscape architecture and environ- s implementation provides us with the mental design perspective and proficiency to tackle • Park and recreation planning challenging assignments and produce results. Our creative abilities, technical 'Research and feasibility studies; permit expertise and orientation to process and applications and assistance consensus building enable us to facilitate • Project administration and construction appropriate and engaging solutions to an bidding, specification and supervision infinite range of problems for an extraordi- . Participatory planning, community naril diverse client base. 12 Y involvement strategies, project facilitation %VAI TOIFN 14ProPosa~6or Pe~(estriaa, Par ~iay aar(W~~iad r8• /MPrvueere.,rts' A sampling of our recent projects and tion of the innovative "hairpin" sign i clients is as follows: system and graphic identity in 1986, continued with park master planning and Stowe Mountain Resort bikepath design and construction and Land-Works has provided master plan- continues with our currently being the ning, permitting and technical design lead consultant in the development of a services to the Mt. Mansfield Corporation comprehensive Open Space Protection in the preparation of their SMR 2000 Plan, as part of a sustainable cities initia- Community Plan for the Future of die tive. Mountain. Land-Works has orchestrated To this end we are working with the innovative community planning work- Department of Planning and Zoning, the shops which brought to the table over 50 City Council, the Conservation Board environmental groups, public agencies, and the Parks and Recreation Depart- town and state officials, politcians and ment. Contact David White, Compre- other stakeholders in creating a consensus hensive Planner, at 802-865-7194 based-plan for the revitalization of Stowe Mountain Resort and the creation of a Killington, Vermont, Resort Village new mixed use hamlet at its base. Master Plan Land-Works has been responsible for the Land-Works was part of an international - creation of newsletters and the master plan team of consulatnts retained by the itself, planning for alternative transporta- American Skiing Company to develop the tion and wayfinding strategies, as well as Killington Resort Village Master Plan, developing performance standards aimed now in the prelnitting process. at long term sustainablity for both resort Land-Works responsibilities include GIS and community. Contact: Rob Apple, mapping, environmental impact assess- Director of Planning and Development; ment, pedestrian planning, and landscape 802-253-3630 architecture. Contact: Carl Spangler, Vice President for Planning; 802-422-6716 City of Burlington, Vermont Land-Works has had a long term relation- Amoskeag Millyard Scenic and Cultural ship with the city with regard to pedestrian Byway planning, open space and parks. This Land-Works is developing a comprehen- 13 relationship began with the implementa- sive wayfinding and interpretive sign TofVNOF~AfL ' P~aPosa~~vr PulesG•ikn, Parein~ an~W~~aainS /nrProaenrents u system for the historic millyards of 1nC11tS such as crosswalk designs. Manchester, N.H., which have been Contact Jeff Wilson, down Manager at designated a part of the national scenic 802-362-1313. byway system. Land-Works exterior interpretive system involves three dimen- University of Vermont sional interactive elements that are based part of Land-Works' ongoing on universal design principles. Work has consultancy to the University Planning included developing a logo and brochure Offices and Architectural and Engineer- for the byway. Contact: David ing Servicves for master planning and Beauchesne, Manchester City Planning development purposes, we have devel- Office 603-624-6250 oped a pedestrian and automobile wayfinding system to be implemented on Manchester, N. H. City Signage and the campus in 1998-99. As part of this Wayfinding Project effort a campus signage and wayfinding .Land-Works has been commissioned by master plan and manual has been devel- the City of Manchester to develop a oped. Contact Linda Seavey, University comprehensive directional, informational Planner at 802-656-0215 and pedestrian wayfinding system that includes kiosk designs and unique parking Middlebury Downtown Capital Im- directional and entry identification ele- provements Master Plan and Signage ments. Work has been based on a compre- Project hensive analysis of exsiting conditions and As part of Land-Works development of a needs. Contact Mr. Robert MacKenzie, comprehensive downtown master plan AICP, Director of Planning at 603-624- and capital improvements plan, a Signage 6250 package was developed and funded with Enhancement monies. Downtown logo, Manchester, Vt. Park and Walk Project directional signs, wayfinding maps and In response to increasing development and district street signs are in place; in the traffic congestion, Land-Works has devel- works are lighting, streetscape and park oped a kiosk system, map brochures, park enhancements and kiosks. Pedestrian and and walk signs and logotype as well as park improvements forwarded in the plan recommendations for pedestrian enhance- are completed or being constructed. 14 Tolm OF SAIL fit P v,#araIJar f destrva, f a-1,,,? aTCIWgd,:r,&I 4rProvaera its Contact Gail Fricdcn, Director of Middlebury Business Association at 802- 388-4126 4126 Holmes County, Ohio Tourist Informa- tion System Land-Works was retained to help Holmes County, the heart of Amish Country and Ohio's major tourist area, to develop a system of tourism information elements, including highway guide signs Contact Ms. Marge Stock at 216-674-0011. i i I f i i i_ 1 15 qVAII. TOVN As part of a comprehensive way- For the master planning of Ameri- For the City of Manchester, NH, Finding an environmental design can Skiing Company's development Land-Works has created a wayfinding initiative for the University of of the Killington Resort Village, and information system for the Vermont, Land-Works has devel- Land-Works prepared a plan for Amoskeag Cultural and Scenic Byway. oped directional signage, parking pedestrian circulation, recreational We also have designed interactive guidance and informational kiosks. paths and bicycle facilities. interpretive panels with built-in sound, The kiosks have phones and are and a three dimensional regional f designed to include interactive watershed map and fountain for the information systems. Riverwalk project. I L .Ii :J!Y; I1P?:a` i;;'%~'F!,•'q%jr~•r~,4 ur; f v. r UNIVERSITY OF VERMONT f] ~l (1 1 I.rn'r r r, exir er ,Ir _ r . FT yt Pik, X 1 I f 0 Y, ~ y E ~~a5'x k~~av J~ ~ + ! r, 9~, c ~ r' r d' r . S 7 ~ ~Y 1 .t• ;4, + ~1 ~f i tus. Rat n.-`~, h., 'r• sl.l ':a.' 1'! >I -7ft~,I' j xf a ''~f~/; w t. t. v .o .,r Y~rr .3.5~ ij. •.:3+,t 7': i • •Jt {~•}t~'. kT`k''"•Y . ' i _ J~ r1 f 1~'• r1~, c. , r<r. ...i ~~,rr ".,i 5 .r-stir Y, •1rv k q.. .v >:w~ r rr, ,.y .ia-,,.,-,,;:, J.. '4.1".v. .t :d r•r.y r.f~ ~ L. Y.. n^r A S:J: ~<9 1 fil, .1. ..t.r ;+G ~.?~-+.d rf. 4. { rj Yfr AtN. 'l `r y' ~ .p,r•t.. t.t :~r 4 1. `~f '.f t F'n~ 4• ) r\ .it ~:k.4/... 1+': rig d. .K. ,ri r ~ r 4'r N. rP~'''~. -rr• r 1' •.s r .r.. e J .i:., !,r 't .:..d.'•;-, ,...trn ~ ..bt t...a+ a ,1: i~ ~?C a Y~ ..J~lt. 4'':^° F. o.~ k ,ri. .a. u ! y,J .r, i •,v r' %t7h~•'.1:: I, 'i L. .1 1 I,r V{~: L 1 y... .A. :limit :e. ~ 1: Corporate signage and identity is Land/Works was retained by the The City of Burlington, VT coin- another aspect of communications; historic resort community of Man- missioned Land-Works to develop Land-Works was retained by BP cbester, Vt. to plan and design an an improvement program for their Goodrich to convey their corporate innovative alternative parking system parking facilities. This work includ- image as an aerospace contractor entitled "Park and Walk" to help ed parking directional signs, parking into state-of-the-art internally lit mitigate traffic problems within the garage improvements and wayfind- - signage. commercial core. Kiosks, parking ing, and was expanded to include directional signs, historic interpreta•- seasonal banners for key streetscapes. ;j tion elements and wayfinding maps and guides are now in place. t wi`~';IJ~G'nyi.. y y ,,c~^; 2 .,~f,;~r,gq'' ,:;~:,:}'J~I:~:r.?•v ~ 1 NMYII~`µj ,l L•Yt}IY~j S~ 1..5~N f~Y~ +ISt tl A, ~~`J ~1 jJi Il .~-l:_.. mil' G •i~M,MJ A~J,~~-•`~'Rre..~J1~'. 'ri'il~~~a l`~F t` (`,Y~r 7kl ~+frJ 54 `'~w. / a ,T q r~s,. f~ I15V £Y51rr ! t t[ 551 `M ~fIf.~vu /y. P1* IM WeIY la. ' ~1,' 4 ~ NJnh ".,rinnr Cvaw ~ 9 ' 'I: M ^~",wnr ornn ~ ! ®rwi~O Renrooms ~ BFI 'K4'yN`.eE , . © MNI~Y,~m.lb •1'I.::., - i':,I'';~•7~:i rl"~ ,1~' - Il.b,la fNnDd Inb .1-1K1.6 'r D ' / B. s" M/ 1Y1 E-,,( ° +A,.~.~,CNotNMnldpM' t, / Z I 111. ly,b w "[vole c!!9 °q~: _f ~ .\~•g11F}%~~r G 1i11~'. s~ y t• . I~ y , y L ' 1. E aC. 1 A ...Yk~ L rxg <~.:`~a~"n,, ;:~s,t, i. }7~i ~ ,k. .n+ "L4 '.x 1 -t' ".•r~' .t ~4',. .v, ~'a,;~" . f , F•, t . ~ i.. , t • •t1e' ' ' ~5c i ,•i. g 1 . 'i,'T.'•. ~ i .k ~ t vl . el ~~Y :~R , ..C!G k h ~ ag ~.'y~1 tn''^ 4: ~i72 ' •~r x ~ •w t k !i „.,,s. ~ t ` ' ~ . ~ f .u ! A 0~~,~y~j ':R.... '..,t 7, ..t Df.' + :5. .7~ d. ..pJ`~ ~ ~„~@i, ~ ~ Y p [+y ~L"' E 1i'r 1`. 't, i`l Id.~ ~1~ v. ~ i • F 1!;)d. I . ~i S'n 't1`SS.. , 4 r.>>~~,x :#lS~'•• -Y<'ti ~J_R,c"itk lt>~ .t't. p .61:~t",~, y'L`S.t fi~:' ~p~A,'~.-3»Y ~'I~z~.x ~f 77, ;y' °c r} ..Y, e 'i :~rrx„~,v..,:r,h.. ~f. r. ,i, .n,.• ~t5:•t+ I`•.. ~l ..1 Sl. 1.. .1 . l~.1Y 'V ti 1 1~•~f•- » Ai'~. , v.~u.' YP'!, t., ' '•it~l•, r r ~ N:` :i•0,...1 1c~n t • r 1., 7. !'s,. 5~ sY . k .,,t'n .l .til.: '~"J 1.. 'CFI .L:• .a. 7~' ni~ ~ ;t' M3. :'rt 'a'' :.ti•: tit.., r Y' .J i'd, .I~ `.>~i'•:i lei>. F' ya. Land-Works integrates public art Land-Works has played a primary Public involvement has been an and placemaking into the design of role in the development of a sustain- integral part of Land-Works prac- parks, plazas and public spaces. This able community plan for Stowe tice. In downtown revitalization and sundial sculpture is a focal point for Mountain Resort. Our responsibil- community planning, we work ! a neighborhood park. ities included orchestrating the closely with communities'assisting public process integral to the plan in fundraising, grant writing, project development, environmental assess- administration and oversight, such as inent, landscape architecture, the rebuilding of Newport, Vermont's permit assistance and master plan Main Street. preparation. vY :t ~4 F 1 rkJ ;r;Y ~ t. i 7 IN RESORT - o - r I ' Ilr ~ { r~ ~i ~}1 }ri7 tl rryl r r4'• k , 7y + ' ~4 r''h.Jy~ r~~i{S J~, 74•>~~~Y ,r `C, ' _s~ .r,'~E:T1f~ :ti ! 7 . , { { r 'l,,t • ti ~1~. n ~?'A r,. I. ~ ~ j •;~l t ~ 43 : r' a'•' ' 1 1 • f ' ?ni r '1• • r ~ W Y ~ 1:. r~ • r ? ~ • , `'1ur • r~iY •~Ii. J. • ! , i ,~f tl pC u r y F F ' ,7 .nil'"e'• ~ y i, n u, ` •o. -ai4T." ~ •i ' l i .;R ,.i;R T: n' '1 ~ Vi'r ^"T} ~1~ r, .r 5 1 r^.• ~b '71' 1 „Y ~7 , R;' ..t' .t. f{1,.f v q a: t n r w 6,. y~~" ,.R w• Jam' Ki L1<' S. 5. ='kr'~t.. M •y~;>i', ~ V`' ~7 .r. ,~,.•I r l, qF, .ui~' .'S .J ,f~S,J^rl~~'• ~fA.,unh.. 1r1f~F"~1,5~,., ."y", !.c r:Y,': ~ Y. ( a .X..• r.p. ~,..4!Y. L ''I~}'•r 1+ 7 ''•'f., t -G? 1?a a.P^.,..•r7 W"r. •ti*:' ~~j,~ ~j r $n...` .n, F' d1' i. <.~%I..: .,fi .F 7.•t ,r I~ .i;r .~.F^~. '.'>b.... ,>r. r%i'1.~}%'j,~~ ~i;..•.,,k. •r"."~`.1'~.r,. ..~•.~y~t ..~:~^.v.~ -•x, t aW't. .1 , J' .n: .1!i .1+'y1i" a6 r ...1. rfY', r.a, } ! n.. SCI .14'!.•, ,i._ t. /•I: e„ ,i:'••.:.: m •'~`"4. . ,.:r ..,o .T 1: r ~ ~ 5 ~ , ~ ~t. , I , r, .r t.._ , ~ A ..G! J 4 }r . `ll,1. . ~r. •~R , i. tr C I ( :'~1~• +'I .%N ,:~h"~•" Irw >i: ~ .r f ?rr• Y: {p. rc 4 .h.,. K' { . r.. ~t. Y'Ci:w ,•`,y!,t , . . ~ i. .t a ,r.. , ~ r n.. .ir.'n: , r,r: ..r,... g ~ r r. ;.r e,. •~y 1, Y IN . i:'i,.. r,^"1 •~i%d. r t,r ~.r,,•' r .f.. r, +•J'•..t ~.i Ct'' R. , r., J• r 1 ' J.r ~ t . 4• From: kris Pardee To: Suzanne Silverthom Date: 5/11/99 Time: 8:55:36 PM Page 1 of 1 X C _ C&A4,.I A. May 6, 1999 Dear Chamber Member, In the wake of the Columbine shootings I am asking you to appeal to your members who have video games which depict graphic violence to ask their vendors to replace these games with games which are less violent. There have been studies which have shown that these types of games help to desensitize children to violence. Common sense seems to reflect that we only know what we learn and the lessons these machines teach are lessons best not learned. While, most of the responsibility for the raising of children rests with their family's all of us as a community also have a responsibility to try and provide the best environment for the children of our community. As a community and a society we need to choose healthy entertainment for our youth. While, the elimination of these graphically violent games will not end violence, it will be a start. I know that some of these games are popular with a few individuals, however, this entertainment can easily be replaced by other games or other forms of entertainment. The few dollars which are made on these games are not worth sacrificing the future of our children. Thank you for your commitment to our community. Sincerely, James E Johnson Jr 1 TOWN OF VAIL/ 75 South Frontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 MEDIA ADVISORY May 13, 1999 Contact: Nina Timm, 479-2144 Town of Vail Housing Coordinator VAIL ANNOUNCES LOTTERY TIERS IN PREPARATION FOR MAY 20 EMPLOYEE HOUSING DRAWING The Town of Vail has received 17 qualified applications for the next housing lottery on May 20 in which two units will be awarded: a two-bedroom condominium at Vail Commons for $117,259.93, and a two-bedroom condominium at Vail East for $140,000." The lottery will be held at 7 p.m. May 20 in the Vail Town Council Chambers. Applicants have been placed in tiers, according to the number of points earned for their work history and longevity of residency in Vail and/or Eagle County. The lottery drawing will begin with a random selection of names within tier 1, then moving to tier 2, etc. The housing unit will be offered to the first name drawn. All remaining names will be drawn to form a reserve list in the event the top person elects to decline purchase of the unit. Alphabetical Tier Listing of Vail Commons Unit C-23 Resale Lottery Applicants Tier 1 30-39 ooints Sharon Bell Dirk Johnson John Lancaster Scott McClarrinon David Yurick Tier 2 _20-29 points Jennifer McIntyre Brian Taylor Tier 3 10-19 Doints James Deighan Tyra Fessler Brian Flanagan Julie Schwerdtfeger Robert Trautz James Yurcak Tier 4 0-9 Doints Allen Best Michael McClinton Marcus Mueller Peter Rudrud (more) RECYCLED PAPER Add 1/Housing Lottery Alphabetical Listing of Vail East Unit 36 Lottery Applicants Tier 1 30-39 points John Lancaster David Yurick Tier 2 10-19 points Tyra Fessler James.Yurcak Tier 3 0-9 points Peter Rudrud "Following the lottery for the East Vail buy-down unit, the homeowner's association will be given a right of first refusal option of 10 days to purchase the unit for $162,500 and return the unit to its free market status. This cost reflects the unit's free market value, plus costs incurred by the Town of Vail. MAY. 13. 1999 3: 37PM RESORT COMPANY 970 845 594 NO. 5808.....P. 2- Page 1 ~ LLudi Kurtz - brkterrace-5 Ila +99.d~~' BRECKENRIDGE SKI RESORT FOR IMMEDIATE RELEASE Media Contacts: Jim Felton, (970) 453-3210, jimf@vailresorts.com Gary Dutmers, (970) 845-2712, garyd®vailresorts-com VAIL RESORTS PREPARING TO BEGIN 180-UNIT BRECKENRIDGE TERRACE, EMPLOYEE HOUSING PROJECT $21 Million Project To Add 350 Beds to Local Housing Pool • First Units To Be Available By Thanksgiving BRECKENRIDGE, Colo. - May 13, 1999 - Vail Resorts Employee Housing Director Jack Lewis today announced the company hopes to break ground later this month for a 180-unit, $21 million employee housing project in Breckenridge. Breckenridge Terrace, located on 10 acres of land between County Road 3 and Valley Brook Road on the west side of Airport Road, when completed will provide approximately 350 beds in a mix of one-, two-, and three-bedroom units in 19 different buildings. The units will be rented to employees of the Breckenridge Ski Resort and Vail Resorts' other Breckenridge holdings - the Village at Breckenridge resort and the Great Divide Lodge. Combined, the three entities employ approximately 2,000 workers at the height of the ski season. Lewis anticipates the first units of the project will be ready to occupy around Thanksgiving with complete build-out expected in late 2000 or early 2001. T.C.D. of Steamboat Springs will be the general contractor for the project. Marc Hogan of the Breckenridge architectural firm Baker, Hogan, Houx is the project's architect. - more - MAY. 13. 1999 3:38PM RESORT COMPANY 970 845 5945 NO. 5808,,...,P. Page 2~ LLudi Kurtz - brkterrac:e•5+99.doc BRECKENRIDGE F WLOYIEE HOUSING 2-2-2 The project will be financed primarily by third patties with Vail Resorts guaranteeing the financing. "Plans for company-provided housing for our Breckenridge employees have been in the works since before the merger of Vail and Beaver Creek with Breckenridge and Keystone," Lewis said. "We're pleased that those plans are becoming reality." According to Lewis, Vail Resorts intends to keep the rents affordable for those who will occupy Breckenridge Terrace_ "Our goal is to create an average monthly rent for employees at around $400 a month, all- inclusive," he said. "Another goal is to keep the inventory roughly split between year-round and seasonal workers. Finally, and perhaps most importantly, our efforts will go a long way toward freeing up housing inventory for other employers in town." Vail Resorts has "master-leased" rental units in town for 60 employees the last two ski seasons, guaranteeing landlords 12 months of rental payments even though the units were largely unoccupied May through October. The company will discontinue the practice with the completion of the first Breckenridge Terrace units. "In two years, Vail Resorts has invested nearly $130 million in improving the skiing experience across its four resorts," Lewis said. "At the same time, we've constructed $45 million worth of employee housing. We believe employee housing is a critical element in our goal of retaining our status as the premier winter resort operator in the country-" - more - MAY. 13. 1999 3:38PM RESORT COMPANY 970 845 5945 NO. 5808,,,,,,,P. 4 1nUdi KuM - brkterraoe.b+yb.doc Page BRECKENRIDGE EMPLOYEE HOUSING 3-3-3 Lewis said Vail Resorts completed the final phase of its $13 million River Edge employee housing project in Avon a little over a year ago, and that the company hopes to begin construction on the $11 million Beaver Creek employee housing project called The Tames this summer as well. "Employee housing is a critical component to our long-term approach to the winter resort business," he said. "With our 2,900 employee housing beds across our four resorts, we can provide 40 percent of our peak workforce with housing. We lead the Colorado ski industry in providing employee housing, and our long-term strategy is to do more." Lewis' experience in developing employee housing goes back more than 20 years, when he helped orchestrate the construction of the Grandview apartments, some of the first employee housing in Breckenridge, in the mid-1970s- fl AY 1 4 I-P- Kate Klein 1948 Vermont Road Vail, Colorado 81657 970 479 9429 May 12, 1999 Rob Ford Vail Town Council 75 S. Frontage Road .Vail, Colorado 81657 Dear Rob, I would like to express my support for Learning Tree and ABC School and my concern for the future of quality child care in the Vail Valley. I have lived in the Vail Valley for 20 years. My parents brought me here when I was 12. 1 am now raising my own children here. I send my son to Learning Tree because of the exceptional quality of the care he gets there. He is exposed to other children in a caring, challenging environment that nurtures all aspects of his being. The phenomenal location of the schools contribute to the quality of the experience. The children are able to play and explore nature in a open and safe natural setting. Tucker and I enjoy looking for a Red Tail Hawk who frequents the woods near the schools. If it becomes necessary to use the land on which the schools are located, I sincerely hope that the Town Council. will be able to give the schools the time and support they need to establish themselves in another equally as enriching environment. I am proud to be a member of the Vail Community and hope that the Town Council will set its priorities in such a manner that the families who live here feel that they are important and that their children's welfare is on equal footing with economic concerns. The presence of quality childcare programs says a good deal about the community. I would like to think that Vail is a place that values families, children and the natural environment that surrounds us. The programs at Learning Tree and ABC Schools and their ties to the mountain environment can only be implemented in a site that has access to the outdoors, please make it possible for them to continue their fine work for future generations of Vailites. Thank You,