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2000-10-24 Support Documentation Town Council Work Session
1 VAIL TOWN COUNCIL WORK SESSION. TUESDAY, October 24, 2000 NOTE: Time of items is approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1, Lunch at Bart and Yeti's (public is invited to have lunch with (12:00) the Councilmembers) followed with a walkabout of Lionshead. (12:00 - 1:45 P.M.) Work Session TOV Council Chambers (2:00 P.M.) 1 An appeal of the Planning and Environmental Commission's Brent Wilson (PEC) September 25th approval of a conditional use permit to allow for the construction of a seasonal ice hockey rink at the Vail Golf Course, located at 1778 Vail Valley Drive / Vail Golf Course Clubhouse Subdivision; a Part of Section 9, Township 5 South, Range 80 West of the 6th Principal Meridian. (1 hr.) Applicant: Vail Junior Hockey Association, Vail Recreation District, Town of Vail Appellants: Vail Golf Course Townhomes Association (Phases I, II, IV); Leonard Busse; Gretchen Busse; Alexander Bracken; James Buncher; Mary Buncher; Starr Boniface ACTION REQUESTED OF COUNCIL: Uphold, uphold with conditions, or overturn the PEC's decision. BACKGROUND RATIONALE: On September 25, 2000, the PEC unanimously voted (Doyon absent) to approve the above-listed request for a conditional use permit with nine conditions. Pursuant to Section 12-3-3, Vail Town Code, the appellants have filed an appeal of this decision. Copies of the staff memorandum to the PEC (9/25/00), the appellant's statement of the nature of the appeal, staffs response to the appellants' statement of appeal, the applicant's submittal and environmental impact report, and the approved PEC meeting minutes (9/25/00) have been forwarded to the Town Council and entered into the public record. Please refer to these items for complete details. RECOMMENDATION: The Department of Community Development recommends the Vail Town Council uphold with modifications the PEC's decision to approve the request for a conditional use permit. Please refer to the staff memorandum (10/24/00) for details. 2. A request for a joint Town Council/PEC/DRB work session to Brent Wilson discuss the establishment of a special development district to allow for the construction of a new conference facility/hotel/fractional fee unit club at 13 Vail Road / Lot A, B, C, Block 2, Vail Village Filing 2. (1 hr.) Applicant: Doramar Hotels, represented by the Daymer Corporation Planner: Brent Wilson ACTION REQUESTED OF COUNCIL: Provide feedback to the applicant and staff regarding the SDD proposal. BACKGROUND RATIONALE: The Vail Plaza Hotel West is a mixed-use development proposal. Uses within the hotel include residential, commercial and recreation. The proposed plan currently includes a 129-room hotel, 17 condominiums, 41 fractional fee units, 15 (on site) employee housing units, a restaurant/bar, retail space, conference space, and a spa/health club. The current (and proposed underlying) zoning for the property is "Public Accommodation." The purpose of the worksession meeting is to: • Present the proposal to the Town Council, Design Review Board, Planning & Environmental Commission and the community, Inform the Town Council, Design Review Board, Planning & Environmental Commission of the issues discussed between the applicant and staff, • Forward direction and input on the various aspects of the proposal to the applicant and staff. RECOMMENDATION: As this is a work session discussion, staff is not forwarding a recommendation. 3. Donovan Park - A request for program verification and George Ruther confirmation of the site plan and construction issues. (1 hr.) Russell Forrest ACTION REQUESTED OF COUNCIL: As the client in the Donovan Park construction project, engage in a discussion with the staff and the design team regarding the desired finished product of the park and then provide clear and concise direction on the issues. BACKGROUND RATIONALE: See staff memo dated October 24, 2000 in packet. 4. A request to proceed through the Town of Vail development Bill Gibson review process. (10 mins.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny the request BACKGROUND RATIONALE: The Mountain Haus is proposing a renovation their north entry, which includes the installation of a new entry feature and streetscape improvements. A portion of the proposed entry feature and the streetscape improvements are located on Town of Vail property, thus the Mountain Haus must have permission from the Town Council (as the representative for property owned by the Town) to proceed with the development review process. RECOMMENDATION: The Community Development Department recommends that the Council approve this request. An approval of this request does not approve the application. It simply allows the applicant to proceed through our development review process. The Council will be informed of the status of the application through periodic updates of the DRB & PEC meetings. 5. DRB Report/PEC Agenda and Report. (5 miss.) Allison Ochs Brent Wilson 6. Final Policy Decisions for Y2000-01 Parking. (1 hr.) Greg Hall BACKGROUND RATIONALE: At Council's evening meeting on October 17, the following decisions were made: • Gold Pass (unrestricted parking) increases from $1,100 to $1,250 • Blue Pass (restricted parking) is reduced from $525 to $475 with same eligibility as in the past (proof of Eagle County residence or employment). Can be purchased in 5 installments of $95/each. • Value Pass/Debit Card is retained (with some modifications + proof of Eagle County residence or employment) • New maximum daily parking cap of $10 weekdays/$12 peak • Retention of Free After 3 • Retention of free parking at Ford Park and the soccer field Parking passes go "on sale" the first week of November. It is critical to have all final details in place so there are no surprises to the public. The following decisions must be made at today's work session in order to give appropriate public notice and to begin programming the equipment at the structures. 1) Premiere (Valet) Parking - reach agreement on location and quantity 2) Frontage Road Parking - reach agreement on "when" and "how" 3) Discounted Parking Days - two proposals have been received: • Free parking Monday through Friday from November 27th to December 22nd • Free parking to coincide w/the Vail Business and Chamber Association's "sale" days to occur each Wednesday from November 29th to December 20th 4) Value Pass/Debit Card - determine: • If passes should be purchased in larger increments, e.g., $10 minimum as opposed to last season's $50 • No refunds at the end of the season for "unused" debits STAFF RECOMMENDATION: The parking policies for the 2000-2001 season were to address the policies set out by the Town Council and the issues of the peak demands on the system: In particular, the 35 days the Vail Village Transportation structure fills and the 15 days when both structures fill. 1. Debit Cards • Allows on VTRC top 226 spaces and all of Lionshead non-peak days. • Restricts to Lionshead only on peak days. • Retains the minimum purchase of 10 uses, and the maximum use of 100. • Retains the same requirements of working or living in Eagle County. 2. VTRC Top 226 Spaces Peak Days • Freeing up an additional 226 spaces at the VTRC on peak days to be managed to their highest and best use for customers of Vail Village. Mixing to ensure the spaces are all used may include a combination of pay on entry for all day parking which may be at $10 for early entry, car-poolers, and a premier service which includes valet. Rates for the valet will be $10 for up to 3 hours and $20 for all day. This allows additional personnel on peak days to manage the crowds and provide a host greeting system. 3. Frontage Road Parking • The Frontage Road parking scenario will remain the same as last year, with increased awareness and effort to determine if both structures are about to fill. 4. Discounts/Promotions • If the Council is interested to have a significant number of discounted or "early season free days", a decision is needed today. This affects the value of the various parking passes and the amount of debits people buy. The cost of Chuck's proposal based on last year's numbers would be $65,000. Staff does not recommend this. • The Vail Chamber and Business Association has requested four free Wednesdays from November 29th through December 20th to promote their "Vail on sale" concept at a cost to the Town of $13,000. Staff does not recommend this discount. Believing the variety and breadth of discounts already approved and currently proposed allow options for everyone. • Staff recommends providing a disclaimer for pass buyers stating "the Town of Vail reserves the right from time to time to provide various promotions within the season on a limited number days." This allows Council some flexibility in the future without making a final decision today on the promotion. However, should Council wish to implement either of the current discount proposals, staff is ready to move forward. ACTION REQUESTED OF COUNCIL: Approve, approve with modifications or deny the final policy decisions for Y2000-01 Parking. 7. Review Critical Strategies. (15 mins.) 8. Information Update. (10 mins.) 9. Council Reports. (10 mins.) 10. Other. (10 mins.) 11. Adjournment. (7:00 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, 11107100, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 11114100, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 11107100, 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. MEMORANDUM TO: Vail Town Council FROM: Department of Community Development DATE: October 24, 2000 SUBJECT: An appeal of the Planning and Environmental Commission's (PEC) September 25th approval of a conditional use permit to allow for the construction of a seasonal ice hockey rink at the Vail Golf Course, located at 1778 Vail Valley Drive / Vail Golf Course Clubhouse Subdivision; a Part of Section 9, Township 5 South, Range 80 West of the 6th Principal Meridian (please refer to the attached legal description for additional details). Applicant: Vail Junior Hockey Association, Vail Recreation District, Town of Vail Planner: Brent Wilson 1. BACKGROUND AND DESCRIPTION OF THE REQUEST Copies of the staff memorandum to the PEC (9/25/00), the appellant's statement of the nature of the appeal (10/04/00), and the approved PEC meeting minutes (9/25/00) have been forwarded to the Town Council and will be entered into the record. On September 25, 2000, the PEC unanimously voted (Doyon absent) to approve the above-listed request for a conditional use permit with the nine conditions outlined below: 1. All mechanical equipment associated with the rink must be fully screened. If possible, the equipment should be moved to the north side of the rink. 2. If traffic or parking issues arise, the approval will be called up for additional review by the PEC. 3. The noise ouput of the rink and its associated equipment will be the lesser of the 55db (day) / 50db (night) output allowed under the town's noise ordinance, or the existing noise output of 1-70 traffic. This will be confirmed by town staff with noise monitoring equipment. 4. The parking lot must be maintained at all times for use at full capacity (110 spaces). No snow storage (or business activities) can be accommodated within the parking lot. 5. This conditional use permit will be valid between the dates of November 1 st through April 1 st (annually) from 7:30 a.m. to 11:00 p.m. daily. I 6. This approval is for a limited time period beginning November 1 st, 2000 and ending April 1st, 2002. 7. Full compliance with Town building ordinances and the Uniform Building Code must be demonstrated by the applicant. 8. Scheduling and use of the rink (through the Vail Recreation District) will be open to the general public. 9. As required under the proposed General Use zoning, any future additional land uses or activities on this site must go through the conditional use permit review process. Please refer to the 9/25/00 staff memorandum for details of the analysis presented at the hearing. II. STANDING OF APPELLANT The appellants have standing to file an appeal as adjacent property owners. A list of appellants' names and addresses is attached for reference. III. STAFF RECOMMENDATION The Community Development Department recommends that the Vail Town Council uphold with modifications the Planning and Environmental Commission's approval of a conditional use permit to allow for the construction of a seasonal ice hockey rink at the Vail Golf Course, located at 1778 Vail Valley Drive /Vail Golf Course Clubhouse Subdivision, subject to the following findings: 1. That the proposed location of the use is in accordance with the purposes of Chapter 12-16, Town of Vail Code and the purposes of the General Use district. 2. That the proposed location of the use and the conditions under which it would be operated or maintained will 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 Chapter 12-16, Town of Vail Code (Conditional Use Permits). Staff's recommendation also includes the following conditions of approval (modifications are indicted in italics): 1. All mechanical equipment associated with the rink must be fully screened. If possible, the equipment should be moved to the north side of the rink. 2. If traffic or parking issues arise, the approval will be called up for additional review by the PEC. 2 3. The noise output of the rink and its associated equipment will be the lesser of the 55db (day) / 50db (night) output allowed under the town's noise ordinance, or the existing noise output of 1-70 traffic. This will be confirmed by town staff with noise monitoring equipment. 4. The parking lot must be maintained at all times for use at full capacity (110 spaces). No snow storage (or business activities) can be accommodated within the parking lot. 5. This conditional use permit will be valid between the dates of November 1 st through April 1 st (annually) from 7:30 a.m. to 11:00 p.m. daily. 6. This approval is for a limited time period beginning November 1 st, 2000 and ending April 1 st, 2002. 7. Full compliance with Town building ordinances and the Uniform Building Code must be demonstrated by the applicant. 8. Scheduling and use of the rink (through the Vail Recreation District) will be open to the general public. Scheduling details will be addressed via a management agreement between the Town of Vail and the Vail Recreation District. 9. The approval of this conditional use permit is conditioned upon the approval of the associated rezoning ordinance (Ordinance No. 23, Series of 2000) on second reading. If the rezoning to General Use does not occur, this conditional use permit becomes null and void. Staff's recommendation is based upon the criteria and issues outlined in Sections IV and V of this memorandum. IV. NATURE OF THE APPEAL The appellant's description of the nature of appeal is attached for reference. Specific reasons for appeal are listed below with a staff response to each item. Substantive Obiections: 1. The appellants assert "the impacts upon the neighborhood and its residents... cannot be eliminated or mitigated consistent with the installation of...a mechanically operated beached whale." Staff Response-The appellants have not indicated which specific impacts they feel cannot be eliminated or mitigated. However, the PEC conducted an extensive review of the potential impacts of this proposal and found that the proposal met all of the criteria used for evaluation of a conditional use permit. 3 2. The appellant's assert the "permit is inconsistent with the comprehensive plan's direction regarding the Vail Golf Course, which indicates ...no change is anticipated in the function and extent of the area." Staff Response-The Vail Land Use Plan places this property in the "Park" land use category. This designation is "for town owned parcels intended for both active recreation activities such as athletic fields, golf courses and playgrounds, as well as areas for various passive recreation activities." Staff believes this proposal is consistent with that designation and does not represent a change in the function and extent of the area. The Land Use Plan does not state that a golf course is the only acceptable form of recreation on the site. 3. The appellants assert the operation of the existing outdoor ice facility is unrelated to the conditional use permit requested for the enclosed ice rink and that the existing outdoor ice rink can continue without permitting. Staff Response -Staff agrees with this statement. 4. The appellants assert that the proposed conditional use permit is inconsistent with the Vail Land Use Plan and that "an enclosed hockey arena is not a Park use." Staff Response- Staff strongly disagrees with this statement. "Park" uses include active recreation activities such as athletic fields, golf courses and playgrounds, as well as areas for various passive recreation activities. Clearly, an enclosed skating rink facilitates "active recreation activities" in a very similar fashion to an athletic field. 5a. The appellants assert "that the impact of the proposed facility is significant, objectionable, and intolerable." Staff Response - The Planning and Environmental Commission found, after a review of substantial evidence, that "the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity." 5b. The appellants assert that the applicant's (Vail Junior Hockey) analysis failed to accurately assess the aggregate impacts of multiple uses upon parking. Staff Response -The Planning and Environmental Commission reviewed staff's analysis of parking for this conditional use permit. This analysis included aggregate impacts of mixed uses, parking turnover ratios, the necessity for adequate snow clearance, and the need to eliminate sleigh ride operations from the parking area. All of the appellant's concerns were addressed in the staff review of the proposal. Please refer to pages 8 & 9 of the 9/25/00 staff memorandum for complete details. 4 5c. The appellants assert that the applicant failed to provide elevations, plans or photographic renderings by which the Town and the public may review or analyze the impact of the proposed facility. Staff Response-The applicant's submittal included a vicinity map, a site plan and specification sheets with color photographs. These are on file with the Department of Community Development and are available for public review. As of the drafting of this memorandum, only one individual (the appellant's attorney) has requested to review the Town's file for the project. All plans associated with the proposal were displayed at the PEC's public hearing. 5d. The appellants assert "although the permit purports to legitimize existing buildings, it places no development standards on those buildings, which was a primary justification for both the proposed General Use zoning and the conditional use permit process." Staff Response - It has been staff's position since day one that nothing is needed to "legitimize" the existing buildings on site. The PEC granted a conditional use permit for the golf course clubhouse on February 24, 1986 and imposed development standards for the building at that time. The starter shack is an accessory to the golf course and both buildings are acceptable in their current configuration. Although planning staff has recommended (since 1994) to zone the clubhouse General Use, nothing additional is necessary to legitimize the existing building. Concerns Related to Staff Analvsis: 1. The appellants dispute staff's statement that a conditional use permit is necessary for both the ice rink and the maintenance of the existing golf course driving range. Staff Response- Under the proposed General Use zoning, both "golf courses" (including driving ranges) and "seasonal structures or uses to accommodate educational, recreational or cultural activities" are conditional uses. Therefore, a conditional use permit is necessary to accommodate both uses under the GU zoning. If the zoning were not changing, no action would be required for the maintenance of the driving range. 2. The appellants assert the proposal is inconsistent with the Land Use Plan since "no changes are anticipated to occur in the uses at the golf course" and that the proposal is inconsistent with the "Park" designation for the property. Staff Response - The "Park" designation is "for town owned parcels intended for both active recreation activities such as athletic fields, golf courses and playgrounds, as well as areas for various passive recreation activities." Staff believes this proposal is consistent with that designation and does not represent a change in the function and extent of the area. The Land Use Plan does not mandate that a golf course is the only type of acceptable recreation on the property. Clearly, this proposal is an acceptable form of active recreation that is consistent with the intent of the Land Use Plan designation. 5 3. The appellants assert that staff's parking and traffic analyses are related to summer conditions inconsistent with past and current uses of the golf course parking lot and traffic circulation patterns in the area. Staff Response - Staff's traffic and parking analyses were aimed at peak hour summer and winter traffic and parking for all of the uses proposed (please refer to pages 7-9 of the 9/25/00 staff memorandum for details). This analysis was based upon survey data from the Institute of Transportation Engineers and the American Planning Association. Additionally, traffic counts conducted by the Vail Police Department on 9/21-22/00 confirm staff's assumptions about peak hour travel. The appellants have offered absolutely no evidence or testimony to substantiate their claims to the contrary. 4. The appellants state "the staff believes that the structure is not subject to scale and bulk control standards. However, the impact of a mechanically inflated beached whale on the residents cannot even be analyzed without... elevations and plans." Staff Response - Although the Vail Town Code is silent with regard to "mechanically inflated beached whales," Section 12-2-2 states: SEASONAL USE OR STRUCTURE. A temporary covering erected over a recreational amenity, such as a swimming pool or tennis court, for the purpose of expanding their use into the cold weather months. Such seasonal covers may not be in place for more than seven (7) consecutive months of any twelve (12) month period. For the purposes of this Title, a seasonal use or structure shall not constitute site coverage and shall not be subject to building bulk control standards. Any seasonal use or structure shall require a conditional use permit in accord with Chapter 16 of this Title (emphasis added). The PEC visited the site, completed a walk-through of the proposed dimensions of the facility, examined the views from adjacent properties, and considered the proposed 36' height of the "bubble." Staff firmly believes the PEC had adequate information available to assess the potential impacts of this temporary facility. 5. The appellants state that "the noise analysis is limited to the operation of the chiller ...and does not take into consideration the fact that this noise level can not be considered in isolation, but must be considered in association..." Staff Response - This is incorrect. Pursuant to the provisions of the Town's noise ordinance, noise output will be measured at two locations: 1) 10' feet from the source of the noise on public property; and 2) at the property line adjacent to the residential properties. This noise output will also be measured against the ambient noise generated by 1-70. Codes Enforcement will ensure compliance with the noise ordinance with monitoring equipment. 6 Procedural Objections: 1. The appellants assert that the PEC's decision was premature because 1) it was based upon an Outdoor Recreation zoning designation; and 2) that the letters and voices of the residents and property owners establish that the PEC could not find the proposal would not be materially injurious to properties or improvements in the vicinity. Staff Response - 1) The Zonina Desianation Issue - Staff agrees with the appellant's statement. Staff requested the PEC table the conditional use permit. When it became apparent the PEC was going to vote on the CUP, staff requested a condition that the CUP was dependent upon council's approval of the rezoning request (page 6, 9/25/00 PEC meeting minutes). This did not occur. Therefore, staff recommends the council add a condition that this CUP is dependent upon final approval of the rezoning. 2) The "Materialiv Iniurious" Issue-The letters and voices from residents and property owners established their objection to the proposal, not whether or not the proposal meets the criteria for review of a conditional use permit. After more than three hours of review of relevant criteria and public comment, the PEC found the proposal met all of the CUP criteria (provided compliance with the conditions of approval occurs). 2a. The appellants assert the site plan was insufficient because it indicates a summer parking situation and it does not deal with traffic circulation. Staff Response- Pursuant to the PEC's conditions of approval, the parking lot will be maintained in its "summer conditions" (completely plowed with all 110 spaces available for use). Therefore, the site plan accurately depicts both summer and winter conditions. 2b. The appellants assert the application was deficient because it did not contain "building plans and elevations sufficient to indicate ...the scale of all buildings." Staff Response- Pursuant to Section 12-2-2, Vail Town Code, the proposed "seasonal structure" is not subject to building bulk control standards. Therefore, staff did not require these items. There are no other buildings proposed under the conditional use permit. 2c. The appellants assert the application was deficient because it did not contain an accurate legal description and related information accurately describing the proposed location for the project. Staff Response -The public and PEC were presented with a vicinity map (including the proposed project location) and a surveyed site plan indicating the location of the proposed rink in relation to existing improvements. However, an additional notice to adjacent property owners that includes a complete legal description (including metes and bounds) was sent for today's hearing. Staff believes this requirement has been met. 7 V. REQUIRED FINDINGS The Town Council shall make the followina findinas 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. s PARCEL DESCRIPTION (Vail Golf Course Clubhouse Subdivision) That part of Section 9, Township 5 South, Range 80 West of the 6`h principal Meridian, Town of Vail, Eagle County, Colorado, described as follows: Beginning at the most northerly corner of Lot 3, Sunburst Filing No, 3, according to the . final plat for Sunburst Filing No. 3, recorded in Book 263 at Page 429, in the office of the Eagle County, Colorado, Clerk and Recorder, said point also being on the northerly right-of-way line of Sunburst Drive, as shown on said final plat; thence the following two courses along said northerly right-of-way line: (1) 119.32 feet along the arc of a curve to the left, having a radius of 135.00 feet, a central angle of 50°38'21' and a chord that bears N72°59'22"W 115.47 feet; (2) S81 °41'30"W 187.43; thence, departing said northerly right-of-way line, N08'1 8'30"W 266.90 feet; thence N79°28'56"E 939.41 feet; thence S11.°28'38"E 91.78 feet; thence S40°01'19"W 490.77 feet; thence S77000'32"W 165.16 feet to the northerly line of said Lot 3; thence, along said northerly line of Lot 3, 148.02 feet along the arc of a curve to the left, having a radius of 189.10 feet, a central angle of 44°50'53"-and a chord that bears N65°08'56"W 144.27 feet to the point of beginning, containing 6.47 acres, more or less. RECD OCT 0 Z~ LAW OFFICES DUNN, ABPLANALP & MAURIELLO, P.C. A PROFESSIONAL CORPORATION JOHN W. DUNN WESTSTAR BANK BUILDING TELEPHONE: ARTHUR A. ABPLANALP, JR. 108 SOUTH FRONTAGE ROAD WEST (970) 476-0300 DIANE H. MAURIELLO FACSIMILE: INGA HAAGENSON CAUSEY SUITE 300 VAIL, COLORADO 81657 (970) 476-4765 OF COUNSEL: highcountrylaw.com JERRY W. HANNAH e-mail:vaillaw@vail.net CERTIFIED LEGAL ASSISTANTS KAREN M. DUNN, CLAS 4 October 2000 JANICE K. SCOFIELD, CLA Town Council Town of Vail Vail, Colorado Re: Appeal from Planning Environmental Commission Decision Conditional Use Permit - Proposed Hockey Bubble on Vail Golf Course Members of the Council: This Firm has been engaged by the Vail Golfcourse Townhomes Phase I Association (fifteen condominium units overlooking the Vail Golf Course driving range), the Vail Golfcourse Townhomes Association Phase II (eleven condominium units similarly situated) and the Vail Golfcourse Townhomes Phase IV Association (sixteen condominium units overlooking the Vail Golf Course driving range) in connection with the proposal before the Town of Vail to change the zoning of and construct a thirty-six-foot high bubble for a seasonal hockey rink on a portion of the Vail Golf Course now used as a golf driving range. The presidents of these three Associations and one property owner in the neighborhood have joined in this appeal. I have also been authorized by the Vail Golfcourse Townhomes Association Phase III (another thirty-four condominium units similarly situated) to advise the Council that this Association has joined in the opposition voiced by the other three associations. The positions expressed in this letter are, therefore, presented on behalf of the owners of more than seventv-six properties in the neighborhood. Our clients, as well as many other residents and property owners in the neighborhood, object to and hereby appeal from the decision of the Vail Planning and Environmental Commission granting the proposed conditional use permit and any change in the development plan for the Vail Golf Course. The more specific reasons for our clients' objections are as follows: 1 Substantive Obiections: 1. According to the Vail Municipal Code, "Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied." Vail Municipal Code, Section 12-16-1. The impacts upon the neighborhood and its residents, and the multiple violations of the Land Use Plan and the Municipal Code, cannot be eliminated or mitigated consistent with the installation, in an outdoor recreation area, of a two hundred twenty-five foot long, one hundred twenty-five foot wide, three- to-four story high, mechanically operated beached whale. 2. The proposed permit is inconsistent with the comprehensive plan's direction regarding the Vail Golf Course, which indicates specifically as follows: "The Vail Golf Course comprises just over 94 acres of land along Gore Creek in the east-central part of the community. A portion of the golf course winds through a residential area along Vail Valley Drive. No change is anticin_ ated in the function and extent of the area." (Emphasis added.) Vail Land Use Plan, Chapter VII, Section 1. The proposal is, therefore, inconsistent with the Vail comprehensive plan. 3. The proponents of the conditional use permit attempt to justify the proposed permit based upon the fact that an outdoor ice facility has been operated on the site. That is not contested, but neither is it related to the question of obtaining a conditional use permit. The outdoor ice facility can continue without permitting. 4. The proponents argue that the proposed conditional use permit is consistent with the Land Use Plan. To the contrary, the Land Use Plan indicates that there is to be no change in the use of the golf course area. Further, even the staff acknowledges that the map associated with the Land Use Plan identifies the area as a "park." An enclosed hockey arena is not a "park" use. 2 5. The application and associated analysis is inaccurate with respect to the impact of the proposal on the neighborhood and its residents. For example, the commentary offered in support of the application (Section 4.2 of the commentary) makes the following incorrect statements: a. That the use can be located at the proposed site "with little or no impact on the immediate neighborhood," and "[t]he proposal to cover and refrigerate the skating surface should have no additional effect upon the [Town's] criteria." (Sections 4.2.1. and 4.2.1 of the application commentary) The residents of the neighborhood, who have had activities related to an open hockey facility against which to measure any prospective impact, have and will demonstrate that the impact of the proposed facility is significant, objectionable, and intolerable. b. That the existing traffic circulation system and parking lot "are capable of handling the traffic with no increase to congestion or negative impacts to safety and traffic flow," (Section 4.2.3 of the commentary), when no information has been identified or offered identifying the impact of winter conditions and uses on traffic circulation and parking surface availability. The applicant's analysis fails to correctly deal with parking issues, and assumes that the area available during the winter is consistent with that available during the summer, when, in fact, parking is limited and the impact of other uses is aggravated by sleigh-ride operations and accommodations for horses, by day-skiers using the local buses, and by snow storage. Even if these functions are, in part, eliminated from the paved surface of the parking lot itself, as has been suggested, there has been no evaluation of the aggregate impact of these multiple uses on the winter conditions at the parking facility. C. That the proposed location "should minimize any negative visual considerations from residential properties in the vicinity" (Section 4.2.4 of the commentary), when the applicants have failed to even in any way respond to the requirements of the Muncipal Code by providing elevations, plans, or photographic renderings by which the Town and the public may review or analyze the impact of the proposed facility. d. Although the permit purports to legtimize existing buildings, it places no development standards on those buildings, which was a primary justification for both the proposed General Use zoning and the conditional use permit process. 3 Concerns related to staff analvsis: 1. The staff indicates that the conditional use permit is necessary both for the hockey facility and for the maintenance of the existing use of the golf course driving range during the summer and fall months. The former statement is correct, but the latter is not. The driving range is a permitted use in the Outdoor Recreation Zone District. Although the argument may be made that the buildings might require a special use permit, there was an indication to the PEC that these structures are permitted (for which the Town deserves credit), but, at worse, they are non-conforming structures. More likely, these uses have, in fact, been permitted in the past and their presence is a non-issue. In any event, their continued maintenance requires no action whatsoever. 2. The staff believes that the proposal is consistent with intended recreational uses identified for the site. The Land Use Plan indicates that no changes are to occur in the uses of the golf course, which contradicts the staff's position. Although the staff believes that the proposed use is consistent with a park use, that is not the case. 3. The problems with traffic and parking have been discussed above. Although it is the staff's position that traffic and parking issues have been satisfied, that conclusion is based upon analyses related to summer conditions inconsistent with past and current uses of the golf course parking lot and traffic circulation patterns in the area. 4. The staff believes that the structure is not subject to scale and bulk control standards. However, the impact of a mechanically inflated beached whale on the residents of the area cannot even be analyzed without compliance with the Town's requirements for an application for a conditional use permit relating to elevation and plans. Although it should be evident that the impact of an operation of this size cannot be established without intolerable impact to the neighborhood, certainly the contrary conclusion cannot be drawn without adequate information to consider the issue. 5. The noise analysis is limited to the operation of the chiller, which is rated at approximately 60% higher (80 decibels v. 50 decibels) level than that permitted in a residential area, and does not take into consideration the fact that this noise level cannot be considered in' isolation, but must be considered in association, and as an increase in the noise generated by the hockey activities. 4 Procedural Obi ections : 1. The application for a conditional use permit was and is premature, and any action approving the permit would violate the Vail Municipal Code. An application cannot be approved unless the underlying zone district permits the use which is the subject of the application. In order to approve an application for conditional use permit, the Planning and Environmental Commission was required to make the following findings: "1. That the proposed location of the use is in accordance with the purposes of this Title and the purposes of the district in which the site is located. 442. That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materiallv iniurious to DroDerties or improvements in the vicinitv." (Emphasis added) Vail Municipal Code, Section 12-16-6(B). At the time of the PEC decision, and at this time, there could and can now be no finding which satisfies the requirements of #1 above, because the location is and will be in the Outdoor Recreation District unless and until the location (whatever that location may be) is changed to the General Use Zone District by the Town Council, and that action becomes final. The letters and voices of the residents and property owners in the area will establish that the requirements of #2 cannot be satisfied as suggested by Appellants' commentary. 2. Both the application and the notice of the PEC hearing failed to satisfy the requirements of the Vail Municipal Code, which requires the following: a. A site plan showing proposed development of the site, including parking, traffic circulation Vail Municipal Code, Section 12-16-2.D. The material supplied in association with the proposal indicates the summer parking situation, but it does not accurately depict winter parking, when the golf course parking lot is significantly occupied and/or impacted by sleighing operations and accommodations for horses, by day-skiers using the local buses, and snow storage, nor does it deal at all with traffic circulation. 5 b. Preliminary building plans and elevations sufficient to indicate the dimensions, general appearance, scale, and interior plan of all buildings. Vail Municipal Code, Section 12-16-2.E. No preliminary building plans, elevations or similar material relating to the proposed structure was submitted or available at the public hearing. C. An accurate legal description and related information accurately describing the proposed location for the project. Vail Municipal Code, Section 12-16-12.B. The information which was submitted with the application was inadequate and inaccurate, and could not form the basis for consideration of the proposed permit. Not even a survey was available to the public prior to or at the hearing. The material supplied to the Town in association with the application failed to provide any building plans or elevations whatsoever. Much of the other information which was supplied to the Town and used in the Town's notice of the hearing was inaccurate, insufficient, and erroneous. That material which was available could not form the basis for a valid decision on the part of the Planning and Environmental Commission. Summarv: The application before the Town of Vail must be denied for both substantive and legal reasons, but there can be little question that it must be denied. The conflicts of the proposal with the Municipal Code and with the Land Use Plan, the violations and omissions related to the submittal requirements in order to appropriately advise the Commission, the Town Council and the public regarding the impact of the proposals, and the violations of the Municipal Code with reference to order of consideration each warrant rejection of the application filed with the Town. While it may be within the discretion of the Town to spend three-quarters of a million dollars on the proposed facility, it is the Town's duty to be certain that such funds are spent in a manner which protects the rights of its residents and property owners. The residents and property owners of the golf course neighborhood expect and deserve the Town's recognition and protection of those rights. 6 Based upon the foregoing, the appealing residents and property owners of the Vail Golf Course area request that the decision of the Planning and Environmental Commission approving the conditional use permit be reversed. Respectfully, tN, ALP MA EL , P. Arthur A. Abplanalp, J xc: Vail Golf Course Townhomes Association, Phase I Vail Golf Course Townhomes Association, Phase IV Vail Golf Course Townhomes Association, Phase II Vail Golf Course Townhomes Association, Phase III 7 RECD OCT 0 4Z000 1t TOWN O WAIL APPEALS FORM REQUIRED FOR FILING AN APPEAL OF A STAFF, DESIGN REVIEW BOARD OR PLANNING AND ENVIRONMENTAL COMMISSION ACTION A. ACTION/DECISION BEING APPEALED: Approval of a conditional use permit for a seasonal ice hockey rink at the Vail Golf COurse by the Town of Vail Planning and Environmental Commission Board on the 25th'of September, 2000. 25-September 2000 B. DATE OF ACTION/DECISION: C. NAME OF BOARD OR PERSON RENDERING THE DECISION/TAKING ACTION: Planning and Environmental Commission D. NAME OF APPELLANT(S): See AttaQjjf-r1 MAILING ADDRESS: See Attached .-PHYSICAL ADDRESS IN VAIL: See Attached PHONE:ygPP Attar•hr~r~ LEGAL DESCRIPTION OF APPELLANT'S PROPERTY IN VAIL: See Attached E. SIGNATURE(S): ON ELF OF Alm ti A - hV thPi r af-tnrnPyq D 6N,, ABP AN LP & IE O, Arthur A. Abplanal , Jr. Suite 300 - 108 S th Front ge Road West - Vail CO 81657 Attorneys for Apagell o f s 1 F. Does this appeal involve a specific parcel of land? Yes If yes, please provide the following information: are you an adjacent property owner? Yes v no If no, give a detailed explanation of how you are an "aggrieved or adversely affected person." "Aggrieved or adversely affected person" means any person who will suffer an adverse effect to an interest protected or furthered by this title. The alleged.adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. Appellants are the owners of specific condominiums and the owners of undivided interettsin the general common elements of the Vail Golf Course Condominiums Phases I and IV, which are adjacent to the property which was the subject of the action from which this appeal is being taken. The approval of the project was undertaken in violation of the Vail Municipal Code, constitutes a public safety hazard endangering the Appellants and their property and would permit the development of the subject property without adequate review and consideration of the impacts on the Appellants and the neighborhood.in general. The approval would also permit uses for which no standards have been established, and regarding which there has been no analysis or review of the impact of changes to the property or the neighborhood in association with the proposed uses. Further, applications, the material, and the plans upon which the PEC relied in association with approval, are inaccurate, incomplete and do not accurately depict the impact of the proposed project upon the Appellants and the neighborhood as a whole. The detailed basis for this appeal is found in the letter which accompanies this Appeals Form G. Provide the names and addresses (both person's mailing address and property's physical address in Vail) of all owners of property which are the subject of the appeal and all adjacent property owners (including properties separated by a right-of-way, stream, or other intervening barriers). Also provide addressed and stamped envelopes for each property owner on the list. H. On separate sheets of paper, specify the precise nature of the appeal. Please cite specific code sections having relevance to the action being appealed. I. FEE: $0.00 Page 2 of 2 r SUPPLEMENT TO APPEALS FORM Appellants: Mailing Address and Name: Vail Physical Address: Telephone: Vail Golfcourse Townhomes c/o Leonard Busse (970)476-0379 Association, Phase I 1720 Sunburst Drive - #4 Vail CO 81657 Vail Physical Address: 1720 Sunburst Drive Vail CO 81657 Legal description of Appellant's Property in Vail: Vail Golfcourse Townhomes Association, Phase I Vail Golfcourse Townhomes Alexander Bracken (720)304-0281 Association, Phase II 125 Brittany Lane Lafayette CO 80026 Vail Physical Address: 1630 Vail Valley Drive Vail CO 81657 Legal description of Appellant's Property in Vail: Vail Golfcourse Townhomes Association, Phase II Vail Golfcourse Townhomes c/o James Buncher (970)476-9267 Association, Phase IV 1730 Golf Lane Vail CO 81657 Vail Physical Address: 1730 Golf Lane Vail CO 81657 Legal description of Appellant's Property in Vail: Vail Golfcourse Townhomes Association, Phase IV Leonard Busse, individually Residence: (970)476-0379 and as President of 1720 Sunburst Drive - #4 Vail Golfcourse Townhomes Vail CO 81657 Association, Phase I, and Gretchen Busse Vail Physical Address: 1720 Sunburst Drive Vail CO 81657 Legal description of Appellant's Property in Vail: Vail Golfcourse Townhomes Association, Phase II Condominium Unit #4 Alexander Bracken, individually Residence: (720)304-0281 and as President of 125 Brittany Lane Vail Golfcourse Townhomes Lafayette CO 80026 Association, Phase II Vail Physical Address: 1630 Vail Valley Drive Vail CO 81657 Legal description of Appellant's Property in Vail: Vail Golfcourse Townhomes Association, Phase II James Buncher, individually and as President of 1730 Golf Lane (970)476-9267 Vail Golfcourse Townhomes Vail CO 81657 Association, Phase IV, and Mary Buncher Vail Physical Address: 1730 Golf Lane Vail CO 81657 Legal description of Appellant's Property in Vail: Vail Golfcourse Townhomes Association, Phase IV Condominium Unit #76 Starr Boniface 2038 Sunburst Drive (970)476-1330 Vail CO 81657 Vail Physical Address: 2038 Sunburst Drive Vail CO 81657 Legal description of Appellant's Property in Vail: Lot 17, Vail Valley Third Filing muniVCGTHAppealAttach Approved October 9, 2000 PLANNING AND ENVIRONMENTAL COMMISSION September 25, 2000 Minutes MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: Galen Aasland Brian Doyon Russ Forrest Chas Bernhardt George Ruther John Schofield Allison Ochs Diane Golden Brent Wilson Doug Cahill Judy Rodriguez Tom Weber Tom Moorhead Public Hearina 2:00 p.m. Galen Aasland called the meeting to order at 2:20 1. A request for a rezoning (from Outdoor Recreation to General Use), a minor subdivision and a conditional use permit, to allow for the construction of a seasonal ice hockey rink at the Vail Golf Course, located at 1778 Vail Valley Drive / Lot 3, Sunburst Filing 3. Applicant: Vail Junior Hockey Association, Vail Recreation District, Town of Vail Planner: Brent Wilson Galen Aasland asked, due to the large number of public present, that speakers limit their comments to 3 minutes. Brent Wilson gave an overview of the staff memo and recommended tabling the conditional use permit and minor subdivision today, and a recommendation of approval on the rezoning. Galen Aasland asked if this could be a worksession today, but noted that it was published to be a final review today. Brent Wilson said yes, but the PEC was under no obligation to approve, deny or table this today. He then gave the next steps in the approval process Galen Aasland said we are here to review the land issues according to the ordinances and if comments were related to costs, he reminded the public that the PEC was not here to review the costs. Galen Aasland asked for any applicant comments. Rick Pylman, represented the Vail Junior Hockey Association, clarified the owner, applicant and user being the VRD, TOV and the VJHA. He said they would provide more information on traffic and building code information and were committed on working on the noise issue. He said they would place visual screening and play around with the location and direct the noise with sound baffling towards 1-70. He then gave some background on why this came about. He said the existing ice rink on the golf course was seasonal, but the VJHA used it extensively as an accessory rink. He explained the growth of the hockey association with the addition of girl's teams and competitive teams and that this would be a stopgap measure to keep the winter activities moving. He then explained a rendering of the location, which was immediately adjacent to the clubhouse, exactly where the present rink is now located, being 225' long by 125' wide. He said the existing rink was 200' by 85'; or 25' longer. He said the parking would function well, with 20-25 cars at a time. He said the traffic would be from 3:30 on, with 15-25 users at any given time for 1-11/2 hr. at Planning and Environmental Commission 1 Minutes September 25, 2000 Approved October 9, 2000 a time. He said the traffic should be much less than in the summertime with golf. He mentioned that there would also be drop-off traffic and they didn't get a lot of spectators. He said they met the criteria for rezoning and can meet the criteria for a conditional use permit as well. He said the golf course parking lot is zoned General Use now, with the Clubhouse and starter shack Outdoor Recreation and so it should be rezoned. Galen Aasland asked Rick to explain why rezoning was consistent with the Land Use Plan. Brent Wilson said it was staff's position that where there were buildings associated with recreation, it was consistent with the standard of the park designation. Galen Aasland asked if it wouldn't be a stretch to do this. Brent Wilson said if it was changed to General Use, any proposal has to be consistent with the recreational designation in the Land Use Plan and so the burden falls on the PEC and staff to make that finding. He said the existing General Use District would be extended north to make matters cleaner and to create one General Use district. John Schofield asked how the scheduling would be taken care of. Jim Heber, Director of Dobson Arena, explained that the outdoor rink in the past had been going through Tom Gaylord with the VRD. He said it would not be just for hockey. Shawn Boris, President of the Skating Club of Vail, said they would like to increase their programs and she explained the programs. She said the most important part was the impact of special events at Dobson Arena that took away their programs and said that the Vail Invitational was not held for the first time in 19 years, due to no ice time. Jim Heber said many events were turned away. The new rink would enable more events to be held at Dobson. John Schofield asked if there were any scheduled games to be held at the seasonal rink. Jim Heber said the games would be held at Dobson, since there would be no locker rooms at the seasonal rink. Doug Cahill asked about the numbers that would use it. Jim Heber said the ice would be limited to practice with 20 kids on the ice at one time and resurrect some public skating at night at Dobson. He said there would be two employees at night to run this and the system would not be as noisy as Dobson. He said he would equate it to a dull hum rather than a pounding and the noise would be located at the northeast corner of the seasonal ice facility, as it needed to be at one end of the building or the other, since there was not much flexibility to put it on the side. He did say the equipment could be put on the highway side and there would potentially be a back up generator, but it was not in this application package. He said that the bubble could hold pressure for a 24- hr. period and that the lighting would be less intrusive. John Schofield asked about the outdoor lighting. Rick Pylman said there would be no more outdoor lighting. Jim Heber said the bubble would be stored out of sight in the off-season. John Schofield asked about the traffic generation. Jim Heber said only the teams would be using the seasonal ice rink and public skating would be increased at Dobson, since there would be public skating here. Planning and Environmental Commission 2 Minutes September 25, 2000 Approved October 9, 2000 Rick Pylman explained the dome shape being 36' at the top tapering at the sides and the ends. Chas Bernhardt asked Brent if changing the zoning to GU allowed more development. Russ Forrest said any use change would require a conditional use hearing except open space and bike paths. Chas Bernhardt said he had seen the Town stretch the law to put in housing. Brent Wilson said there were provisions for employee housing within the GU District, but it would have to come before the PEC and it would come with a recommendation from staff for denial if it didn't' comply with the Land Use Plan. Russ Forrest said the PEC was the watchdog for this. Diane Golden asked about the floodplain. Brent Wilson said there was a site specific study being done right now, as they wanted to make sure there wasn't an issue, however, the concerns were with the grading. Chas Bernhardt said the floodplain was a non-issue, since the floods come in the spring. Doug Cahill asked about the time line, as far as setup and teardown. Rick Pylman said mid-November to mid-March. Brent Wilson said 7 months was the maximum, per the Town Code. Rick Pylman said it would take a week to set up and tear down. He then explained the parking lot with the sleigh ride operation and said that the parking would be more efficient. Galen Aasland requested a written parking plan when this comes back and also wanted to see a written plan regarding the back-up generator. He asked if there would be a glow inside the bubble after the lights are shut off at night and would like to see a written proposal on the lighting. Tom Moorhead advised the PEC to evaluate this as any other conditional use permit. Galen Aasland asked for any public comments. Gretchen Busse read a letter objecting to the mass, bulk and height and said the Townhomes would see this all winter and it would be very negative to our neighborhood. She said this would destroy the Gore Range View and there would be no more outdoor ice rink. Jerry Lath, owner of a Golfcourse unit, suggested using a tarp like the Denver Country Club uses to eliminate the large, unsightly bubble. He then gave the example of Zermatt Switzerland and what they use. He then questioned the home addresses of the hockey players and mentioned that some of the players come up from Denver and so this was only benefiting 200 players. He said they all enjoyed the outdoor ice rink and said he wondered if the alternatives had been thoroughly investigated. Chris Shuck, an East Vail resident for 14 years, said this seasonal ice rink was vital for the community and a nice asset and a great idea. He said let's look at the overall benefit to everybody. Marnie Murner, an owner on Spring Hill Lane, said a bubble doesn't represent a premier mountain resort community. Planning and Environmental Commission 3 Minutes September 25, 2000 Approved October 9, 2000 Leonard Busse, President of the Golf Course Townhomes, stated that 15 units right on the Golf Course were opposed to the bubble. We want it outdoors and don't want to see that bubble in the daytime. He said this was a signature location in Vail and to retain it. Star Boniface said she used to be a townhome owner and claimed the parking figures were totally wrong. Jim Potter said he lived in Vail for 25 years and watched people move down valley. He said that this was a wonderful opportunity to provide a recreational facility. Kirk Hansen said he supported the conditional use permit. He said there were over 200 skating adults, 100 learn to skate people and 200 hockey players and so we really need additional ice. He said that down valley was not receptive to having an ice rink and it made sense to put the ice rink on the golf course. He said inflatable architecture was ugly, but economical and having it enclosed would cut down on the light and the noise. He said a white bubble on a white snow field was not objectionable and that home values decreasing was a stretch. Len Busse said he lived across from the parking lot for 10 years and the sleigh operation took up one third of the parking lot every year with the additional space needed to turn the horses. He said that parking was an issue when the snow was piled and if parking occurs on the street emergency vehicles can't get through. He said busses come in constantly for the Nordic events. Brent Wilson said the sleigh ride operation would take place elsewhere on the site. He said the Fire Dept. would maintain access, as per the Town Code. Brent said all the standards would have to be met. Rick Sackbauer said he was a parent of an ice hockey player and said he had lived at the site of the golf club. He said the parking lot would be managed so that it was a safe place. Deborah Webster said she lived in this Town for 30 years and had a conflict. She said she started the Skating Club in 1976 and also lives on Sunburst Drive. She said we need the seasonal ice rink, but not in a residential neighborhood, as it would be the first sight when entering Vail. She said she would like to see how many years it would be there; not just 7 months a year. She said the Town Council and the Town Attorney said the bubble would happen, so now we need to clarify how long it will be temporary. Flo Steinberg said she was against the bubble and would like to state that she doesn't want it in Ford Park either. Phil Hoversten said his property looks right at this bubble and he is 100% for it. He said we are getting the job done with the bubble. He said shading ice like they do in Breckenridge or Denver Country Club doesn't work and a bubble was the only way to address the sun and the snow. He said that traffic was a bigger problem in the summer and the parking could get solved. He said the bubble would provide a reliable source of ice. He said the VRD donated $25,000 for the outdoor ice rink, so they could have a rodeo. Galen Aasland asked about the vertical sun shades. Phil Hoversten said Breckenridge was 1,000 ft. higher and the problem with the vertical sun shades was constantly clearing the snow. John Cogswell said he was in favor of the community adding this new surface and giving kids an opportunity and also to energize Dobson. He said the value of the material had great resale value. Planning and Environmental Commission 4 Minutes September 25, 2000 Approved October 9, 2000 George Webster, a resident of 1875 Sunburst Drive and property owner since 1969, said he was a retired Engineer. He asked the PEC to visualize a bubble that would be double the size of the Council Chambers and that is what he would look at from his bedroom window which was not very desirable. Art Abplanalp, representing the Golf Course Townhomes, Phases 1-4, said he gathered that the PEC was going to vote on this. Galen Aasland said they haven't decided on this yet. Art Abplanalp said that the Land Use Plan said the Vail Golf Course would not change and this rezoning was a direct contradiction, so there was no basis for the rezoning. He said this wasn't a growth matter, but a Band-Aid and so the residents were asked to suffer from the impacts instead of the Town of Vail dealing with this. He said shifting the impact and injury to a neighborhood that was opposed to it flies in the face of the Comprehensive Plan. He said Vail Pass would have book-end bubbles. He then asked to see the Town files, as he said the application wasn't' signed by anyone and therefore, the application wasn't valid. He said an approval didn't deal with the traffic impacts. He said the rezoning was fundamental to the hockey rink alone. He said this was being put in because no one down valley wanted it and he asked if the Town of Vail wanted to inflict the impacts. He said this shouldn't be before you at this point and he hoped the PEC would deny this. Galen Aasland asked if a valid application was received. Brent Wilson said the Town Council waived the fee. He said we had documentation on record that Council had given us authority to proceed and there was a motion on record to move forward. Tom Moorhead said there was a valid application pending. Art Abplanalp said the application was for Rick Pylman's signature. Galen Aasland stated that the application was not signed because the Town of Vail is the applicant. Tom Moorhead said that was correct. Brent Wilson explained the land uses. Cary Brandt said this was an opportunity to rebuild some of our assets. He said he knew a first class facility was now being considered in Edwards. Piet Peters asked if we needed more ice. He said there were 20 local skaters in Vail and 100 adults and this was our chance to do something for the people in Vail. He said there were not that many people in the hockey program. Glenn Davis said he was President of the Vail Junior Hockey Program and Avon had two skating facilities in their PUD and the Berry Creek 5th had one facility slated. He said Dobson was an aged facility. He asked the PEC if they wanted to move another activity down valley. He asked the PEC if it was their job to protect a view corridor or maintain activities for our families. He said this had already been approved for the Berry Creek 5m Shawn Boris said she was President of the Skating Club of Vail, but also a business owner. She said she wanted to give people a reason to come to Vail. She described dropping her daughter off, at the ice rink and then going to the gas station and grocery store in Vail which kept the sales tax dollars in Vail. Chris Shuck asked if this isn't right for Vail, what is? Planning and Environmental Commission 5 Minutes September 25, 2000 Approved October 9, 2000 Peter Kyle, with the men's hockey league, said we deny 100 men and women to play competitive hockey because of the lack of ice time. He said the ice along the boards, at the current rink, melt right now and is dangerous. He said it was a myth that the bubble would kill all the views. He said the outdoor rink was noisier with the players screaming and the bubble would muffle the noise. Mike Grant, a resident of East Vail and shopowner, said he was frustrated seeing things move down valley and so he was in favor of this. Steve Blanchard, a resident at 1825 Sunburst Drive, said the temporary nature needed to be addressed more succinctly. Art Abplanalp said there were 5 letters that didn't reach the staff. He said the Town did have a bubble, previously at Vail Run, and couldn't' get rid of it. John Schofield said the Vail Run bubble was overruled by the Council and given permanent stature. Tom Moorhead gave examples of structures utilized on a temporary basis. Doug Cahill said he would like to move forward on all three items. Brent Wilson said we would like to table the subdivision, since we don't have that plat and it would need to get PEC approval. John Schofield said he was comfortable making a decision on all three items and suggested the PEC give an indication that this was subject to the plat Diane Golden said she was comfortable on all three items. Chas Bernhardt said he was uncomfortable with the zoning and asked if a bubble could be in an OR District. Tom Moorhead said a seasonal structure was ok for GU; not OR. Chas Bernhardt asked if this was approved could it then become applicable to any OR in Town. Tom Moorhead said you would have to change the written description. Chas Bernhardt said if we could limit this to two years, he could vote on this. Brent Wilson said two years is in the condition and suggested adding a condition that the conditional use permit was pending the rezoning request's approval by the Town Council. However, staff requested the PEC table the conditional use permit to the following meeting. Galen Aasland said he would like more information on the management plan and asked if this went through without a plat, would that be a potential problem. Tom Moorhead said he and staff were uncomfortable moving forward without the plat, but said that the rezoning was just a recommendation to Council. Galen Aasland suggested tabling the minor subdivision. Doug Cahill said we should move forward with the rezoning for recommendation to Council and as for the conditional use permit there was concern with the residents. He said we do need to keep uses in the valley, but need to monitor the noise, lighting, what kind of glow is emitted, parking availability and bulk and mass. He said they were looking at a two-year period and at any point in Planning and Environmental Commission 6 Minutes September 25, 2000 Approved October 9, 2000 time this could be called up and so he was comfortable with going forward with this at this time. He said the neighboring community looks at the 85' high nets and so he doesn't think this will be as obtrusive. He said this was a temporary use and the applicant had looked at other options. John Schofield thanked the public for showing up. He said that this commission served at the pleasure of the Town Council. He said from a zoning standpoint, this Commission looked at the zoning and then at the use. He said going to the GU was a vast improvement and since any use would have to go through this Commission, there were more options for review. He said as far as the use, everyone supported the ice; just disagreed how it was to be covered. He said the PEC had to react to the project, not the design. He felt very strongly that it should stay this way with public use, as it had been in the past. He said the parking in the winter was a non-issue. He said the lot would have to be plowed and maintained to its full extent and not be used for snow storage. He said the peak traffic was in the summer but the PEC could review the parking with the traffic, under the conditional use process, and call it up at any time and review it. He said lighting in the past had been bare bulb and so this will be an improvement. He said any other uses proposed would have to be reviewed by this Commission. He said his greatest concern was the noise and suggested the lesser of the 50 decibels or 1-70 be the maximum allowed. He said another provision would be that all the equipment be removed and stored off-site when the bubble was removed. He said the bubble was temporary and he was comfortable with the two year term, as it was a good solution for the short term. Diane Golden thanked the public and said she listened to their concerns and thoughts. She said other locations have been ruled out fairly, as well as other covers. She said the bubble was a last resort and the benefits of having a temporary ice rink far outweigh the negatives. She thinks this will keep people in Vail when they drop off their children. She thought the bubble might mitigate some of the highway noise. She said the most important thing to remember was that this was temporary and can be called up and so she said she was in favor of the temporary bubble structure. Tom Weber said he was in favor of the rezoning and he said the GU Zone District would provide more review for all uses. He said he was in favor of a conditional use with conditions that they are all in agreement with. He asked if this would grandfather in other uses. Brent Wilson said the ice rink, restaurant and sleighrides. Tom Weber asked if all the uses expire in two years. Brent Wilson said that would be up to the Board. Tom Weber wanted to place an erection time on the bubble, as it would be important for the public to know that. Brent Wilson said 4 months would make it seasonal. Jim Heber said 5 months would be the maximum, with 2 weeks to put it up and 1 week to take it down. Tom Weber said the structure would provide less of an impact to the neighborhood, in terms of noise and exterior lighting, than what is there currently. Chas Bernhardt said the parking would not be a problem. He said the issue was the quality of life and two years was an acceptable alternative. Galen Aasland thanked the public and said he was in favor of the rezoning. He said he was distressed that the Vilar Center went down valley and we needed to continually invest in our Town. He said limiting the number of years was applicable. He said with lighting, noise and parking conditions, he could vote for this. Planning and Environmental Commission 7 Minutes September 25, 2000 Approved October 9, 2000 John Schofield made a motion to recommend approval of the rezoning to the Town Council, in accordance with the findings in the staff memo, with 1 condition that the applicant must process (PEC) and record (Eagle County) an approved final plat to reflect the amended zoning district locations prior to construction of the facility. Tom Weber seconded the motion. The motion passed by a vote of 6-0. John Schofield made a motion to table the minor subdivision portion until October 9, 2000 Tom Weber seconded the motion. The motion passed by a vote of 6-0. John Schofield made a motion for approval of the Conditional Use Permit with 9 conditions: 1. All mechanical equipment associated with the rink must be fully screened. If possible, the equipment should be moved to the north side of the rink. 2. If traffic or parking issues arise, the approval will be called up for additional review by the PEC. 3. The noise output of the rink and its associated equipment will be the lesser of the 55db (day) /50db (night) output allowed under the town's noise ordinance, or the existing noise output of 1-70 traffic, whichever is less. This will be confirmed by town staff with noise monitoring equipment. 4. The parking lot must be maintained at all times for use at full capacity (110 spaces). No snow storage (or business activities) can be accommodated within the parking lot. 5. This conditional use permit will be valid between the dates of November 1 st through April 1 st (annually) from 7:30 a.m. to 11:00 p.m. daily. 6. This approval is for a limited time period beginning November 1 st, 2000 and ending April 1 st, 2002. 7. Full compliance with Town building ordinances and the Uniform Building Code must be demonstrated by the applicant. 8. Scheduling and use of the rink (through the Vail Recreation District) will be open to the general public. 9. As required under the proposed General Use zoning, any future additional land uses or activities on this site must go through the conditional use permit review process. Chas Bernhardt seconded the motion. The motion passed by a vote of 6-0. 2. A request for a final review for a minor subdivision to allow for the reconfiguration and replatting of two existing lots and the rezoning of Lot 16, Bighorn 2nd Addition, from Agricultural & Open Space to Two-Family Primary/Secondary Residential, and the rezoning Planning and Environmental Commission 8 Minutes September 25, 2000 A I 4r, , aw k' rS n r, s 1 a 1 L 7 ` £ ~~~4J 4 « _~III. ~ .:ir:. ,'~"fat" ~ i _ n~ F 7 E ~ 4 § agV' by - p . h ~gg' ~ Y r S rtf' . n"' sa rs ~'taWs,'' ti ' '~Ji .~}4~, b 1 j~.) b 'f*a`y~'",';' ff ~L~.If. S 74.~ r ~'F C.i ~m'"~r f .5~' ~5~. 31i~~r~ ~,f'"~hr "I M~ 1 IN _ 26 t rr s= c - 'fit r - '1 'L o-. was rk „~,~''~„t.,,t,~ .b`;d~ =gyp, Y~~; n.s;;;~~, td>? -sa=°~r^~s,~ I1+ ~F. Winter 2pm TRANSMITTAL TO: Vail Town Council FROM: Scorpio Condominium Home Owners Association DATE: October 20, 2000 SUBJECT: 13 Vail Road / Lot A, B, C, Block 2, Vail Village Filing 2. (Vail Plaza Hotel) ITEMS 10 Copies of Scorpio Condominium Home Owners Association Memo. Please add Richard Kent to the Town Council's agenda on October 24, 2000 regarding Vail Plaza Hotel. Richard would like to present the following memo to Town Council and voice Scorpio HOA's concerns about the proposed Vail Plaza Hotel. Richard Kent President - Board of Managers Scorpio Condominium Home Owners Association Cc: File v:\proj ects\scorpio\0024000\admin\memo\RK 102000 Memorandum To: Vail Town Council From: George Ruther, Chief of Planning Date: October 24, 2000 Re: Donovan Park - A request for program verification and confirmation on the site plan and construction issues. PURPOSE The purpose of this worksession is for the Town Council to provide clear and concise direction on several key elements affecting the construction of the improvements on Donovan Park. As the client of this construction project, it is necessary to provide answers to several key construction questions. The key questions were outlined in a memorandum on the subject to the Town Council dated October 17, 2000. The construction project is on a tight timeline and progress on the construction of the park improvements will be negatively impacted if the design team does not receive direction at this time. The Council's direction and answers to the construction questions will move the town one step closer to commencing construction of Donovan Park in April of 2001. BACKGROUND The Town Council has identified the completion of the Donovan Park Master Plan process and the start of park construction by April 2001 as two critical projects to be completed over the next six and fourteen months periods. The master plan process concluded on October 3, 2000 with the adoption of Resolution No. 13, Series of 2000. On October 17, 2000, the Town Council authorized the Town Manager to sign a construction contract to begin the first step on the civil engineering design process. This work has already begun. DISCUSSION ISSUES The next step in the development process is to complete a bid package for the required sitework (frontage road improvements, CDOT access permit, site grading, utility upgrades and installation, pedestrian path and bridge alignment, etc.) The bid package is scheduled for completion by December 1, 2000. Work on the sitework bid package has begun. However, before much more design and civil engineering work can continue without risk of loss in time or design dollars, the design team needs direction and answers to the following questions: ¦ The Master Plan amendment anticipates the development of the park in two phases. The community pavilion, parking, and outdoor recreation components are to be completed in the first phase with the recreation and youth center to be completed in the second phase. QUESTION: Should a pad site be preserved for a future Recreation Center? Should a pad site be preserved for a future Youth Center? If no to either of the two questions above, then should the final location of the community pavilion be reconsidered? If yes, should the intent of the relocation be to maintain more of a "preserve area"? ¦ There has been a question regarding the need for +1-150 parking spaces. The Master Plan site plan accommodates 149 parking spaces in a two level structure. According to the Town's zoning regulations the parking requirement for parks in the General Use zone district shall be determined by the Planning & Environmental Commission. A final decision from the PEC is anticipated in late December or early January. Staff and the design team will present a rational for the need for 150 spaces to the Council. QUESTION: Should the design team proceed forward at this time in the absence of a final decision by the PEC with a design proposing 120-130 spaces? ¦ The initial size of the community pavilion was 12,000 square feet. At the request of the Council, PEC and input received from the community during public meetings the size was reduced to 7,700 square feet. On October 3`d the Council suggested that the size be further reduced to approximately 6,500 square feet. Given the input on the possible future uses of the pavilion (weddings, public meetings, small conferences, community theatre, etc.), staff suggests as a point of departure for discussion that the pavilion should be designed to accommodate 100 people in a roundtable fashion and 150 people in a conference-seating fashion with accessory storage and back of house spaces. A copy of the Donovan Park Community Facilities Net Operating Analysis has been attached for reference. In addition to outlining potential operating costs, the report provides background information on similar facilities in other communities. We believe this information will help determine the parking requirement QUESTION: Are the occupancy figures suggested by staff the appropriate number given the anticipated future uses? If yes, staff would recommend that occupancy should control the final size. To this end, the design team will present an analysis of a 6,500 square foot pavilion to the Council. ¦ In the development of the park program, the Council expressed an interest to develop a high quality park facility. This included the interior and exterior of the pavilion. The design team will present exterior and interior material options for consideration. QUESTION: Generally, which of the options presented should the design team continue to pursue? As the options are explored further, more specific cost considerations will be provided. NEXT STEPS The next steps in the development process include continued development of the bid packages and final reviews by the Planning & Environmental Commission and Design Review Board. At this time staff anticipates a review of a conditional use permit and rezoning by the Planning & Environmental Commission on Monday, November 27. The rezoning is required to remove the small portion of the site from Residential Cluster to General Use. The staff and design team will schedule discussions with the client (Council) as the development process proceeds towards the April 2001 start date. DONOVAN PARK COMMUNITY FACILITIES NET OPERATING COST ANALYSIS INTRODUCTION Economics Research Associates (ERA) has been retained by the Town of Vail under a sub-contract to Odell Architects to analyze the on-going annual operating costs and revenues for the proposed community facilities at the Donovan Park site. The purpose of this analysis is to provide a working operating budget that serves to inform the Town of Vail of the annual operating subsidy that will be required as a result of the programmatic use and on-going operating and maintenance costs of the proposed facilities. The development proposal for the site is still undergoing its community design review process. The final plan, as determined by this process, may contain a different combination and configuration of the proposed uses. Therefore, it is important to note that the following analysis is based on a development proposal that contains the following amenities: • A recreational building, of approximately 12,000 square feet, that will house the Vail Recreation District's (VRD) gymnastics program; • A children's center, of approximately 9,000 square feet, that will house Camp Vail and other VRD Youth Services programs, which includes a craft room, pottery kiln, and a dark room for community use; • A community pavilion, of approximately 6,500 square feet, that would be available for weddings, community meetings, children's theatrical performances, small-scale concerts, and other community/cultural activities; • A regulation-size playing field which can be used for soccer, lacrosse, and other sports; • A recreation path along Gore Creek; and • A community playground. The division of management and maintenance responsibilities for the facilities at Donovan Park has yet to be determined. The Town of Vail contains two unique departmental entities that manage park and recreation functions within the Town: the Economics Research Associates 1 VRD and the Town of Vail Public Works Department, Parks Division. These two entities are run under separate operating budgets with separate sources of funding. At the present time, the VRD manages active recreation programs on Town of Vail property. The VRD is responsible for the utilities and maintenance costs of all of the outdoor facilities and only a portion of the enclosed Town of Vail properties that they use. The Parks Division is responsible for maintaining all park lands that are not under VRD jurisdiction. In this analysis, ERA assumed that the VRD would be responsible for all costs related to the gymnastics facility, the children's center, and the sports playing field. The Parks Division would assume responsibility for the community pavilion, the recreation path, the playground, and all costs related to the upkeep of the grounds of Donovan Park (including landscaping, snow removal, and public bathroom maintenance). The ultimate division of management responsibilities between the VRD and the Parks Division may differ from the above assumption. However, it is unlikely that a different division of responsibilities would have a major impact on combined operating costs or revenues in a stabilized year of operation. FACILITIES COMPARABLE TO THE PROPOSED COMMUNITY PAVILION This section examines the operating characteristics of community meeting/event facilities that are similar in nature to the proposed community pavilion in Donovan Park. Included in this section are reviews of stand-alone community meeting/event facilities and community meeting rooms located within public recreation centers in Eagle and Summit Counties. The information presented in this section serves as the basis for ERA's projection of operating costs and revenues for the proposed community pavilion. A summary table of operating characteristics of the comparable facilities is presented in Table 1. Eagle-Vail Community Pavilion The Eagle-Vail Community Pavilion is located in the Town of Eagle-Vail, adjacent to its public golf course and skating rink. The 3,000 square foot pavilion consists of an attractive wood structure with large windows overlooking the nearby pond and golf course. The pavilion is flanked on two sides by a large deck, which serves as overflow capacity for large events. While the interior capacity of the pavilion is 150 people, it has housed events of up to 350 people using the deck space. The pavilion Economics Research Associates 2 contains a 200 square foot working kitchen with a small stove and a warming oven. The oven is a recent addition to the kitchen and cost $30,000 to install. The Eagle-Vail Community Pavilion is managed through the Eagle-Vail golf clubhouse, Mulligans. The manager of Mulligans handles all bookings for the facility and offers optional catering service through the clubhouse restaurant. People who book the facility are given a digital combination to the door prior to their event. All set-up and breakdown functions, including cleaning the bathrooms, are the responsibility of the renter. Rental equipment (chairs and tables) are. left out in the pavilion for the user to arrange. If the breakdown of the event is not completed to the manager's satisfaction, a cleaning service is hired and the total cost is billed to the renter. This system has worked well for Eagle-Vail over the past few years and has resulted in minimal staffing needs for the facility. The manager of Mulligans stated that less than ten percent of his time is spent managing the pavilion and no other full-time staff are needed. A graduated rate system is charged for the rental of the facility depending on the type of user and the day of the week. Schools, charities, churches, and community non- profit users are charged $100 mid-week, $350 on Friday or Sunday, and $500 on Saturday. The remainder of the users are charged $250 mid-week, $500 on Friday or Sunday, and $750 on Saturdays. Tables and chairs are rented out for a nominal fee to cover maintenance and replacement costs; table rentals are $5 each and chair rentals are $1.50 each. No preference is given to Eagle-Vail residents; the facility is booked on a first-come, first-served basis. Although the facility does minimal marketing, it has been successful in getting bookings through word-of-mouth. It is typically booked for the majority of the weekends between May and September for private parties and weddings. During the week, community members rent out the building for meetings or other events. Additionally, the facility is rented out to class instructors for weekly dance and karate classes. Although the Eagle-Vail Community Pavilion primarily serves the local market, some Denver residents book the facility for their events during the summer season. During the fall and winter seasons, the facility does not get much use. Winter tourists typically prefer hotel spaces within ski resorts for their events during this season because it eliminates the need to transport people to an event during snowstorms and icy road conditions. In a typical year, the total cost of operating the Community Pavilion is between $30,000 and $40,000. In 1999, the breakdown of operating costs were as follows: Economics Research Associates 3 • $7,700 in utility costs, including water, gas, electric, telephone, and trash removal; • $3,100 in building repairs and maintenance; • $20,200 in janitorial labor and supplies. This includes having a person check on the facility on a daily basis and keep it clean between bookings; • $1,200 in marketing; • $500 in supplies and other miscellaneous costs; Total revenues in 1999 were $33,200, which includes $28,200 in building rentals and $5,000 in equipment rentals. The net operating income for the facility in 1999 was $400. The manager of Mulligans projects that the facility.is likely. to come close to breaking even again in 2000. Utilization has increased slightly but costs have gone up accordingly. Edwards-Singletree Community Pavilion The Edwards -S ingletree Pavilion is located in Singletree adjacent to the golf course and public park. The facility is owned by the Metro District and consists of a 4,000 square foot wooden structure that contains a lobby, a small boardroom, an exercise room for Singletree residents, and a 2,500 square foot multi-purpose event room. The building was built in 1997 at a total cost of $650,000. Similar to the Eagle-Vail Pavilion, the event room has windows overlooking the golf course and large deck that can be directly accessed through the room. A small kitchen of about 120 square feet is located off the event room and contains a dishwasher and a refrigerator but no oven or food warming facilities. The event space has the capacity for approximately 150 people. The Edwards-Singletree Community Pavilion is managed by Metro District staff and subsidized through property taxes. A Metro District staff person spends about ten percent of her time booking the facility. Additionally, one janitorial staff person spends one-third of their time providing access to the facility for renters and checking on the building on a daily basis. All set-up and breakdown functions, including cleaning the bathrooms, are the responsibility of the renter. If the breakdown of the event is not completed to satisfaction, a cleaning service is hired and the total cost is billed to the renter. Economics Research Associates 4 A graduated rate system is charged for the rental of the facility depending on the time slot and the day of the week. Mid-week rates are $65 from Sam to 12pm, $90 from 12pm to 5pm, and $115 from 5pm to l Opm. On weekends, the rates are $115 from Sam to 12pm, $165 from 12pm to 5pm, and $215 from 5pm to l Opm. The boardroom is used for Metro District meetings only and is not rented out to the public. The facility does no marketing and relies solely on word-of-mouth to attract potential users. Consequently, it has not been heavily utilized since its opening three years ago. During the peak summer season, typically only 50 percent of the weekends are booked. The events held in the facility include wedding receptions, school functions, and family reunions. Midweek use is even lighter and consists primarily of community meetings and studio athletic classes. The facility is not used much during the fall and winter seasons. In a typical year, the total cost of operating the facility is about $24,000. In 1998, which is the latest year available, the breakdown of operating costs for the Edwards- Singletree Community Pavilion were as follows: 0 $3,500 in utility costs, including water, gas, electric, telephone, and trash removal; • $1,100 for snowplowing; • $9,600 for a janitor to check on the facility on a daily basis, provide access to renters, and keep it clean between bookings; • $10,000 in supplies, maintenance, and other miscellaneous costs; Total revenues in 1998 from building rental were only $11,900. The facility required approximately $12,000 in subsidy in 1998. According to the Metro District, the total subsidy required to operate the facility will like decrease in the future as word-of-mouth about the facility spreads and utilization increases. They expect the facility to continue to operate at a loss for the next few years. Proposed Silverthorne Town Center The proposed Silverthorne Town Center is a community event center that will serve as a venue for community performances, meetings, and special events. The project, which will break ground in June 2000, consists of a 4,400 square foot flat floor auditorium with a removable stage, a 1,200 square foot mezzanine, a 475 square foot kitchen with a walk-in cooler but no food warming capabilities, a grand lobby, and four Economies Research Associates 5 retail storefronts. The total estimated development cost for the project is $18 million, which includes a pedestrian bridge connection to the Silverthorne outlet malls. The Town estimates that the total- operating budget for the Town Center will be $96,000 per year. Facility rental fees and the retail leases are expected to cover all but $30,000 of the annual operating costs in the first few years of operations. The Town plans to minimize janitorial costs by requiring the retail establishments to maintain the lobby and common areas. For the first year of operation, the Town will manage the facility using existing staff time. Following that initial period, the Town plans to re- evaluate- their staffing needs and hire full-time designated staff for the facility, if needed. The proposed facility rental rates are $225 for the first day, which includes set-up and breakdown staffing, and $80 for each additional rental day, as long as no additional set-up staffing time is needed. These rates are set to cover the staff and utility costs during the rental period and not to bring in any additional profit. Non-profit school and community groups will be given the facility at no charge whenever possible and will have first priority for all facility reservations. The Town is hoping to find a performing arts sponsor who will arrange for outside performances and help cover some of the operating deficit of the facility. Until one is found, the Town will subsidize the facility using tax revenues. Silverthorne Recreation Center Community Room The Silverthorne Recreation Center contains a 1,500 square foot multi-purpose community room that is used for community meetings and special events. The room has the capacity for 90 people seated theater-style. It has a moveable partition that allows it to be divided into two separate spaces, each with access off the main lobby. A 140 square foot, fully functional kitchen area is located within the multi-purpose room and contains a refrigerator, oven, and dishwasher. The rental room is primarily used for community meetings such as homeowners associations, school groups, and birthday parties. Residents and non-profit users are given favorable rates for the facility. Additionally, a slightly higher hourly fee applies to users who charge admission for entrance (such as craft fairs or seminars). Rental rates range from $5 to $15 per hour for one half of the room to $10 to $15 per hour for the whole room. A one-time set up and clean-up fee of $10 to $15 is charged to the user in addition to room rental fees. Economics Research Associates 6 The recreation center does not have a designated staff member assigned to the community room. The recreation center's front desk staff handle the bookings as part of their day-to-day responsibilities. The director of the recreation center estimates that staff spends between eight to ten hours a.week managing the community room. A detailed line item budget for the recreation center was not available, so ERA estimated total operating costs and revenues for the community room based on a consolidated operating cost and revenue statement for the recreation center. ERA estimates that the community room costs approximately $8,000 to maintain and brings in about $8,000 in revenues, essentially breaking even. Breckenridge Recreation Center Community Room The Breckenridge Recreation Center contains a 1,890 square foot multi-purpose community room, which is used as day camp in the summer. In the evenings and during non-summer months, the room is used for scuba instructional classes, community meetings, and special events. The room has the capacity for about 175 people seated theater-style. It has a moveable partition that allows it to be divided into two separate spaces, each with access off the main lobby. Half of the room is carpeted; the other half has a linoleum floor to allow for children's craft activities. Adjacent to the room is a small, fully functional kitchen area, which contains a refrigerator, oven, and dishwasher. The kitchen is primarily used for children's cooking projects and for set-up space for potluck functions. The typical events that take place in the community room are homeowner association meetings, community functions, and children's birthday parties. A special birthday party package is available which includes use of the leisure pool and a one-hour rental on the community room. Residents and non-profit users are given favorable rates for the facility. Rental rates range from $20 to $24 per hour for one half of the room to $40 to $48 per hour for the whole room. An additional fee of $25 to $30 is charged for the use of the kitchen The recreation center does not have a designated staff member assigned to the community room. All recreation center staff handle the bookings as they come in. In total, staff spends about five hours a week managing the community room. A detailed line item budget for the recreation center was not available, so ERA estimated total operating costs and revenues for the community room based on a consolidated operating cost and revenue statement for the recreation center. ERA estimates that the community Economics Research Associates 7 room costs approximately $8,000 to maintain and brings in about $10,000 in revenues, bringing in a slight profit of $2,000 per year. PROJECTED OPERATING COSTS AND REVENUES Methodology The projected operating costs and revenues for the community facilities at Donovan Park, with the exception of the community pavilion, are based on the VRD Fiscal Year 2000 budget and interviews with staff from the VRD Administration, Youth Services, Sports, and Park Maintenance branches and staff from the Town of Vail Public Works Department, Parks Division. Projected operating revenues and costs for the community pavilion are estimated based on the operating budgets of comparable facilities in Eagle and Summit Counties. Utility and building maintenance cost projections are estimated based on existing facilities owned by the Town of Vail. (Note: the costs described in this section are temporary best-guess estimates by ERA and still need to be refined). Vail Recreation District Projected Additional Costs and Revenues The following section outlines in detail the projected additional costs and revenues that will be accrued to the different branches of the VRD as a result of the proposed facilities at Donovan Park. An estimated line-item budget of potential cost and revenue implications on the VRD is presented in Table 2. In sum, ERA projects that the net operating difference to the VRD will be an annual increase in costs of $157,500 over the Year 2000 budget. Of these costs, approximately, $56,400 result from building and site maintenance and utility costs. The remaining costs are a function of the projected level of programmatic activity within the proposed facilities. Administration The Administration Branch handles fiscal administration, personnel support, legal assistance, liability coverage, and wage and salary compensation for all divisions of the VRD. The addition of the proposed community facilities at Donovan Park will result in a slight increase in annual expenditures for the Administration Branch. According to the Chief Financial Officer of the VRD, an additional $10,000 in liability insurance coverage will be required for the Donovan Park site. Additionally, it will cost the Administration Economics Research Associates 8 Branch approximately $15,000 more per year to manage the site. This represents a three percent increase over their Year 2000 budget. The $15,000 additional cost includes the costs of managing new programmatic and maintenance staff for the site, developing and maintaining budgets for the new facilities, and other day-to-day management responsibilities for the site. In total, the Administration Branch of the VRD will require an increase of $25,000 over their Year 2000 budget. Sports Branch The Sports Branch oversees the recreational, sport, and athletic activities and events run by the VRD. They are responsible for programming the athletic fields within the Town of Vail and managing the Gymnastics program. The proposed soccer/lacrosse athletic field and the gymnastics building at Donovan Park would be managed through the Sports Branch. The actual maintenance of the playing field will be the responsibility of the Parks Branch of the VRD. For the sake of this analysis, field maintenance costs were grouped together with the Sports Branch budget to represent overall costs to the VRD of managing an additional sports playing field. Projected Sports Field Costs and Revenues According to the manager of the Sports Branch, a new playing field is needed to mitigate the overuse of existing fields and ease scheduling conflicts. Due to the already tight field programming schedule, it is unlikely that the Sports Branch will expand any of its sports field-based programs, such as sports camps and team sport leagues, with the addition of a new field. The primary cost to the district of an additional field will be the field maintenance costs. According to the VRD Parks Branch, the average cost of maintaining a sports field in Vail, including water, seeds, fertilizer, top dressing, and labor costs, is $25,600. The presence of an additional field will greatly reduce the over- utilization of the two primary playing fields. This in turn, reduces the fertilizer costs on these fields and the total fertilizer cost for the new field by $4,000 per field. This results in a net field maintenance cost for the proposed new field of $13,600. ERA estimates that the Sports Branch will experience a slight increase in overhead costs, of about $600 per year, as a result of the need to schedule and monitor use on an additional playing field. In total, net annual expenses for the new field will be approximately $14,200. The Sports Branch can achieve additional revenues from the new playing field by hosting additional sports tournaments. The Sports Branch manager estimates that about $7,500 of tournament revenues could be earned on an annual basis Economics Research Associates 9 with the addition of the new field. This results in an annual net additional cost of $6,700 for the new playing field over the Year 2000 budget. Projected Gymnastics Program Costs and Revenues The Gymnastics program is currently housed in a building owned by the Town of Vail. The building was not designed for use as a gymnastics studio and contains low overhanging beams and other obstacles which restricts the type and amount of gymnastics equipment that the building can house. The beams and the size of the building presently limits the ability of the Gymnastics program to meet current demand for participation in their program. The proposed facility at Donovan Park will allow the Gymnastics program to greatly expand its capacity and as a result its revenue potential. According to the Gymnastics program manager, within the first few years at the proposed facility at Donovan Park, the Gymnastics program could be expanded to include 400 participants. He estimates that the average participant pays $6 per hour and uses the facility for 1.5 hours per week. This translates to a projected annual revenue of about $180,000, which represents a 30 percent increase over 1999 revenue levels. While a new gymnastics building would greatly expands the revenue generating potential of the Gymnastics program, it would also result in a significant increase in operating costs for the program. The Town of Vail presently pays for building maintenance and utility costs at the Gymnastics program's present location. At Donovan Park, the Gymnastics program would be responsible for these costs, which would be approximately $20,000 per year. The Gymnastics program manager estimates that he will need one additional full-time staff person (at $30,000 per year plus benefits) and $20,000 in additional part-time staff hours to run an expanded gymnastics program. He also estimates that the gymnastics marketing budget would need to increase from its present level of $3,000 to $5,000 in order to attract additional participants. Other additional costs include increased professional development, operating supplies, and equipment maintenance. Combined, these miscellaneous costs are about $5,300. The total additional annual cost of running the Gymnastics program out of Donovan Park is, projected to be $89,300. Inclusive of the additional revenues, the net additional cost over the Year 2000 budget is projected to be about $48,400. Sports Branch Total Projected Costs and Revenues In sum, the total annual Sports Branch costs (including field maintenance which is budgeted under the VRD Parks Branch in the Year 2000 Budget) will increase by Economics Research Associates 10 $103,500. Total annual revenues will increase by $48,400. ERA projects the net operating difference for the Sports Branch with the proposed facilities at Donovan Park to be an additional annual cost of $55,100 over the Year 2000 budget. Youth Services Branch The Youth Services Branch of the VRD offers a variety of recreational programs for people below the age of 20 within the surrounding community and visitors to the Vail Valley. At the present time, the primary Youth Services Branch facility is located in the Lionshead Auxiliary Building, adjacent to the parking structure. This facility contains the drop-in Youth Center and a crafts room for children's programs. Additionally, the Youth Services Branch leases the Gold Peak Children's Ski Center during the summer months to run the Camp Vail Program. The proposed children's center at Donovan Park would become the primary location for three of the Youth Services Branch existing program components: Camp Vail, Summer, and Non-Summer programs. Additional Overhead Costs The overhead expenses of the Youth Services Branch would increase significantly as a result of relocating to the proposed children's center in Donovan Park. Youth Services would assume responsibility for the utility and building maintenance costs of the building, which would total about $22,800 per year. This additional cost is partially mitigated by the $10,000 saved by eliminating the need to lease space for the Camp Vail program. The proposed children's center would allow Youth Services to greatly increase participation in their existing programs. This results in the need for one full-time addition to the Youth Services management staff at an annual cost of $40,000 (including benefits). Other additional overhead costs would include the need for more office equipment and supplies and increased equipment maintenance costs. In sum, the Youth Services director estimates that total overhead costs would increase by about $66,400 over the Year 2000 budget. Camp Vail Additional Costs and Revenues The director of the Youth Services Branch stated that with the new children's center they could achieve a 30 percent increase in total number of participants in their Camp Vail program. This results in approximately $43,400 in additional revenues. In order to attract a larger number of participants, more active marketing effort will need to be undertaken which will effectively double current marketing costs. The director Economics Research Associates 11 estimates that part-time staffing needs will -increase by about 25 percent and the remainder of the program's expenses will increase by 30 percent. This results in a net additional cost of $28,100 (which includes the $10,000 deduction in rental costs for the program). The net operating revenue for Camp Vail at the Donovan Park children's center is be projected to be $15,300. Summer and Non-Summer Programs Additional Costs and Revenues The Youth Services Summer and Non-Summer programs include everyday children's programming such as craft classes, cooking classes, and day-care programs for community residents and Vail Valley visitors. The drop-in Youth Center and special events, such as New Year's Eve, are not included in these budgetary categories. The budgets for the two programs were combined in this analysis because they overlap a great deal as a result of shared staff and equipment. The proposed children's center at Donovan Park would allow the Summer and Non-Summer programs to greatly increase their participation rates as a result of the new amenities they will be able to offer, including ceramics and photography capabilities. The Summer and Non-Summer programs manager estimates that revenues will increase from the 1999 level of $18,800 to $30,000 within the first few years of operations at the new facility. To accommodate an increased number of participants, an additional three staff members at 50 percent time and $10 per hour pay will be required. This results in an annual net increase in salary costs of $31,200. Equipment and material costs will also increase by about $7,400 per year with the addition of a photography darkroom and a ceramics kiln. The Summer and Non-Summer programs will also have an additional marketing and supply expense of about $1,600. In total net additional expenses for the two programs will be about $40,200. This results in an additional net operating loss of $29,000 over the Year 2000 budget levels. Youth Services Branch Total Projected Costs and Revenues The total additional costs of running Youth Services programs at the proposed children's center in Donovan Park are estimated to be about $134,700. The Camp Vail, Summer and Non-Summer Programs are projected to bring in an additional $54,600 in revenue. The Youth Services Department can also achieve additional revenues from renting out the facility to outside instructors and groups. Including, this rental revenue, the total net revenue from the proposed Children's Center would be about $57,300. This results in an estimated net additional operating deficit of about $77,400 over the Year 2000 budget. Economics Research Associates 12 Town of Vail Public Works, Parks Division The following section outlines in detail the projected additional costs and revenues that would be accrued to the Town of Vail Public Works Department, Parks Division as a result of the proposed facilities at Donovan Park. An estimated line-item budget of potential cost and revenue implications on the Parks Division is presented in Table 3. ERA projects that the net operating difference to the Parks Division will be an annual increase in costs of $36,100. These additional costs consist primarily of landscaping and other site maintenance costs for the grounds of Donovan Park. Community Pavilion ERA estimated the total cost of operating the community pavilion based on an analysis of the operating budgets of similar community event facilities in Eagle and Summit Counties. ERA assumed that no full-time staff would need to be hired to manage the facility. One staff member at one-eighth time would be budgeted to the facility at a total cost of $6,500, which is based on a full-time annual salary of $40,000 plus benefits. ERA estimates total utility costs, including telephone, water, gas, electric, sewer, and trash removal, at $10,000. Building and equipment repair and maintenance costs are estimated to be $5,000 per year. Janitorial labor and supply costs, which include the cost of having a person monitor the building on a daily basis, are estimated to be $15,000. An additional cost of $1,000 for miscellaneous supplies is also included in the budget estimate. The total annual operating cost for the community pavilion is estimated to be $37,500. ERA assumed that the community pavilion at Donovan Park would charge a similar graduated rate system as the Eagle-Vail Community Pavilion. Peak weekend rental periods would cost between $500 and $750 and midweek slots would cost between $100 to $250. ERA believes the utilization pattern of the facility will resemble that of Eagle-Vail, with high utilization during the spring and summer months, and only minimal utilization during the remainder of the year. ERA estimates that pavilion will earn about $30,000 in building rental revenues per year. This estimate includes approximately 75 paid events per year at an average rental rate of $400. An additional $5,000 per year in revenues may be achieved from equipment rental revenues for tables and chairs or audio- visual equipment. It is important to note that the actual utilization level of the pavilion will likely be significantly higher than 75 events per year but a large portion of the additional events would consist of community meetings and events that would be held at the facility free of charge. Economics Research Associates 13 According to the above estimates, the community pavilion. is -expected to run a slight operating loss of $2,500 in a stabilized year of operation. Even with a higher projected utilization rate, revenues are unlikely to significantly surpass costs because of the necessary increase in staff time and utilities costs that would accompany a higher utilization rate. However, if utilization rates are low or rental fees are set significantly below those proposed in this analysis, the Pavilion may run a significant deficit similar to that of the Edwards- S ingletree Pavilion. Playground and Park Maintenance There are significant costs associated with maintaining the grounds of the Donovan Park site. These costs include snow removal, playground maintenance, trash removal, restroom cleaning, landscaping, and recreation path maintenance. These costs are difficult to accurately estimate in advance because they change significantly from year to year based on weather conditions. ERA interviewed staff from the Public Works department to get as concise an estimate for each of these costs as possible. The Public Works staff based their estimates on average costs of maintaining the existing parks within the Town of Vail. The total additional cost of maintaining the grounds of Donovan Park is estimated to be about $36,100 per year. For a detailed breakdown of these costs by item, refer to Table 3. Building Maintenance Reserve The building maintenance reserve factor takes in account major capital repairs to the facilities that will need to be performed over time, such as periodic roof and floor replacements, electrical upgrades, and other major structural adjustments. This factor differs from the building maintenance factor included in the annual operating budgets for the VRD and the Parks Division in that it does not cover day-to-day maintenance issues, such as broken windows or plumbing problems. According to Architectural Resource Consultants (ARC), the annual factor can be calculated in different ways, depending on the level of risk the owner is willing to accept. Very risk-averse owners, such as banks, insurance companies and churches, use a formula that assumes replacement of the building every 30 years, which places the annual reserve factor at 3.4 percent of the estimated construction cost of the building in today's dollars. More aggressive owners, such as developers or retail stores, assume 100 year replacement, or an annual factor of one percent of the estimated construction cost. Economics Research Associates 14 For the purpose of this analysis, ERA assumed a building maintenance reserve factor of 100 years, or two percent of facility construction costs. Based on ARC'S estimated construction costs for the facilities at Donovan Park of about $12.1 million, which excludes costs for constructing the parking structure, site work, and soft costs, the total amount that should be set aside annually for the building maintenance reserve fund is $242,000. Total Projected Net Operating Costs A summary of total revenues and expenses, categorized by building and site maintenance and programmatic spending for both the VRD and the Parks Division is presented in Table 4. Total buildings and grounds maintenance and utility costs are estimated to be about $107,500 per year. This figure does not include janitorial costs, which are included in programmatic costs because they vary significantly depending on the level of utilization of the facilities. Total additional programmatic costs, net of additional revenues, are projected to be approximately $88,600. In sum, the annual net deficit from the operation of the proposed facilities at Donovan Park is estimated to be $196,100. Including an annual building reserve factor of $242,000, the total annual deficit for the facilities at Donovan Park is approximately $438,100. Sensitivity Analysis The total estimated additional operating costs for the facilities at Donovan Park are based on a set of assumptions that are subject to change. This section identifies additional sources of costs or revenues that are not included in the previous analysis. Potential additional sources of revenues include: • The Gymnastics program in the proposed gymnastics facility at Donovan Park may be able to accommodate up to 600 kids within the next five to ten years. This would result in an additional $90,000 in revenue over the present projections. • Participation in the Youth Services Branch programs may grow beyond what has been projected for the new facility. • The proposed children's center may be used to hold adult classes in the evening in ceramics, photography, and crafts. Depending on how these programs are organized (either as a facility rental to an instructor or as an in-house class), these classes could potentially bring in additional revenue. The Youth Services Branch plans to initially set the rates for these classes at cost for use of the facilities. However, as the Economics Research Associates 15 popularity of these classes grows over time, they may generate revenues in excess of their costs. . Potential sources of additional costs include: • The estimated reduction in fertilizer costs for the existing sport playing fields may not be realized depending on the level of utilization of the proposed new field. This would result in an increase in the total field maintenance cost of up to $12,000. • If utilization rates are low or rental fees are set significantly below those proposed in this analysis, the community pavilion may run an annual operating deficit of $10,000 to $15,000, similar to that of the Edwards- S ingletree Community Pavilion. Economics Research Associates 16 Table 1 OPERATING SUMMARIES OF FACILITIES THAT ARE COMPARABLE TO THE PROPOSED VAIL COMMUNITY PAVILION Net Square Operating Operating Operating Facility Feet Capacity Rates Costs Revenues Revenues Eagle-Vail Pavilion 3,000 350 $100 to $750 $32,800 $33,200 $400 Edward s-Sing] etree Pavilion 2,500 150 $65 to $215 $24,000 $11,900 ($12,100) Silverthome Town Center (proposed) t 5,600 375 $225 $96,000 $66,000 ($30,000) Silverthorne Recreation Center 1,500 90 $5 to $20 per hr. $8,000 $8,000 $0 Community Room z Breckenridge Recreation Center 1,890 175 $20 to $78 per hr. $8,000 $10,000 $2,000 Community Room 2 I/ The operating costs and revenues were estimated by the City Manager. Revenues include rent from four retail stores located within the building. 2/ The operating costs and revenues are estimated by ERA based on the total annual budget of the recreation centers. Table 2 (continued) ESTIMATED OPERATING BUDGET IMPACT ON VAIL RECREATION DISTRICT ' With New Program Component Budgeted 20001 Facilities) Net Difference) Camp Vail: Salaries and Benefits $108,900 $136,100 $27,200 Equipment, Materials, Field Trips $16,300 $21,200 $4,900 Marketing $3,500 $7,000 $3,500 Janitorial $1,300 $1,700 $400 Building Rent $10,000 $0 ($10,000) Miscellaneous Expenses $7,000 $9,100 $2,100 Subtotal Camp Vail $147,000 5175,100 $28,100 Summer and Non-Summer Programs: Salaries and Benefits $9,500 $40,700 $31,200 Equipment, Materials, Field Trips $4,600 $12,000 $7,400 Marketing $1,700 $3,000 $1,300 Miscellaneous Expenses $500 $800 $300 Subtotal Summer and Non-Summer $16,300 $56,500 $40,200 Total Additional Costs $134,700 Revenues: Camp Vail Program Fees $144,500 $187,900 $43,400 Other Revenues $8,500 $8,500 $0 Subtotal Camp Vail $153,000 $196,400 $43,400 Summer and Non-Summer Prop-rams: Program Fees $18,800 $30,000 $11,200 Other Revenues $1,700 $1,700 $0 Subtotal Summer and Non-Summer 520,500 $'31,700 $11,200 Facilitv Rentals $2,300 $5,000 $2,700 Total Additional Revenues $57,300 Net Operating Difference ($77,400) Administrative Component Additional Costs: Insurance $72,300 $82,300 $10,000 Other Administrative Costs $485.800 $500,800 $15,000 Subtotal Costs $558,100 $583,100 $25,000 Total Additional Costs $25,000 Total Additional Revenues $0 Net Operating Difference ($25,000) Total Net Operating Difference ($157,500) 1/ Includes only the components of the VRD budget that will be affected by the new facilities at Donovan Park Sumcosts.xls VRD Table 2 ESTIMATED OPERATING BUDGET IMPACT ON VAIL RECREATION DISTRICT' With New Program Component Budgeted 2000 Facilities Net Difference Soorts Program Component Additional Costs: Overhead Salaries and Benefits $199,700 $199,700 $0 Marketing $8,400 $8,400 $0 Field Maintenance'" $51,200 $64,800 $13,600 Other Overhead Expenses $8,400 $9,000 $600 Subtotal Overhead 5'267,700 $281,900 $14,200 Gymnastics Salaries and Benefits $130,780 $189,780 $59,000 Professional Development $700 $2,000 $1,300 Operating Supplies/Equip. Maint. $2,000 $4,000 $2,000 Equipment and Machinery $0 $2,000 $2,000 Utilities $0 !i 120? $12,000 Building Maintenance $0 X0.000 $8,000 Marketing $3.000 $5,000 $2,000 Subtotal Gymnastics $133,480 5222,780 $89.300 Total Additional Costs $103,500 Additional Revenues: Add. Tournament Revenue in Fields $0 $7,500 $7,500 Gymnastics Revenue 3 5139,100 $180,000 $40,900 Subtotal Revenue $139,100 S187,500 $48,400 Total Additional Revenue $48,400 Net Operating Difference ($55,100) Youth Services Component Additional Costs: Overhead Salaries and Benefits $166,000 $206,000 $40,000 Equipment and Materials $2,500 $4,500 $2,000 Marketing $2,700 $2,700 $0 Equipment Maintenance $600 51,200 $600 Utilities $200 S 1 1J00 $14,800 Building Maintenance $0 S~ ,000 $8,000 Other Overhead Expenses $5.100 $6,100 $1,000 Subtotal Overhead Expenses $177,100 S243,500 $66,400 I/ Includes only the components of the VRD budget that will be affected by the new facilities at Donovan Park 2/ Includes salaries, materials, and utility costs of maintaining the 2 main existing playing fields managed by the VRD. This figure is not included in the Sports Program budget but instead appears in the VRD Parks budget. 3/ Future gymnastics revenues assume 400 participants at $6 per hour and 1.5 hours per week. Sumcosts.xls VRD Table 3 ESTIMATED OPERATING BUDGET IMPACT ON VAIL PARKS DEPARTMENT t With New Program Component I Budgeted 2000 Facilities) Net Differencel Communitv Pavilion Additional Costs: Salaries 2 $0 $6,500 $6,500 Utilities $0 510,000 $10,000 Building Maintenance $0 135,000 ` $5,000 Janitorial Labor/Supplies $0 $15,000 $15,000 Equipment/Supplies $0 $1,000 $1.000 Subtotal Costs $0 $37,500 $37,500 Total Additional Costs $37,500 Additional Revenues: Building Rental Revenues $0 $30,000 $30.000 Equipment Rental Revenues $0 $5,000 $5,000 Subtotal Revenues $o $35,000 $35,000 Total Additional Revenue $35,000 Net Operating Difference ($2,500) Plavground/Park Maintenance Additional Costs: 3 Snow.Removal $0 $10,000 $10,000 Playground Maintenance $0 $2,100 $2,100 Janatorial/Trash/Restrooms $0 $8,200 $8,200 Irrigation/Trees /Turf Maint. $0 11,01)0 $11,000 Flower Bed Maintenance $0>3,~Uu $3,500 Rec. Path Maintenance $1,300 2;600; $1,300 Subtotal Costs $1,300 $37,400 $36,100 Total Additional Costs $36,100 Total Additional Revenue $0 Net Operating Difference ($36,100) Total Net Operating Difference ($38,600) I/ Includes only the components of the Public Works Parks Division budget that will be affected by the proposed facilities at Donovan Park 2/ Includes person at 1/8 time (or 5 hours per week). 3/ Costs are estimated based on costs of maintaining existing parks in Vail. Costs include seasonal labor. Source: Vail Public Works Department and Economics Research Associates. Sumcosts.xls Parks Table 4 DONOVAN PARK COMMUNITY FACILITIES SUMMARY OF NET OPERATING COSTS AND REVENUES FOR THE VAIL RECREATION DISTRICT AND THE TOWN OF VAIL Estimated Estimated Additional Total Additional Component Additional Costs Revenues Net Costs Building and Grounds Utilities and Maintenance Gymnastics Building 520.000 $0 $20,000 Children's Center Z. UQ $0 $22,800 Playing Fields $13,600 $0 $13,600 Community Pavilion $15,000 $0 $15,000 Remaining Park Grounds $36; 0O $0 $36,100 Subtotal Buildings and Grounds 1071500 $0 $107,500 Programmatic Costs/Revenues VRD Shorts Branch Gymnastics $69,300 $40,900 $28,400 Other Sports/Overhead $600 $7,500 ($6.900) Subtotal VRD Sports Program $69,900 $48,400 $21,500 VRD Youth Services Branch Camp Vail $28,100 $43,400 ($15,300) Summer/Non-Summer Program $40,200 $11,200 $29,000 Facility Rentals $0 $2,700 ($2,700) Overhead $43,600 $0 $43,600 Subtotal VRD Youth Services $111,900 $57,300 $54,600 VRD Overhead $25,000 $0 $25,000 Subtotal VRD Programmatic Costs/Rev. $206,800 $105,700 $101,100 Communitv Pavilion Programmatic Costs/Rev. $22,500 $35,000 ($12,500) I Total Buildings and Grounds S107.00 $0 $107,500 Total Additional Programmatic $229,300 $140,700 $88,600 Total Additional Costs/Revenues $336,800 $140,700 $196,100 Building Maintenance Reserve Factor I $242,000 $0 $242,000 Total Including Building Reserve Factor $578,800 $140,700 $438,100 1/ Building maintenance reserve factor is set at 2% of total facility construction costs. Source: Vail Recreation District, Vail Public Works Parks Division, Economics Research Associates. Sumcostsals Summary Memorandum To: Vail Town Council From: Bill Gibson, Planner I, Community Development Department Date: October 20, 2000 Re: Mountain Haus North Entry Renovation REQUEST A request by the Mountain Haus to proceed through the Town of Vail development review process. BACKGROUND RATIONALE: The Mountain Haus is proposing to renovate the north entry of their building located at 292 East Meadow Drive. The proposed renovation will include the installation of a new entry feature and streetscaping improvements. A portion of the proposed entry feature and the streetscape improvements are located on Town of Vail property. Town regulations require property owner consent for any development application to proceed through the development review process. Thus, the Mountain Haus is requesting that the Town Council (as the representative for property owned by the Town of Vail) allow them to proceed with through the development review process. RECONEWENDATION: The Community Development Department recommends that the Council approve this request. An approval of this request does not approve the development application; it simply allows the applicant to proceed through the development review process. The Council will be informed of the status of this application through periodic updates of the DRB & PEC meetings. DESIGN REVIEW BOARD AGENDA Wednesday, October 18, 2000 3:00 P.M. PUBLIC MEETING SCHEDULE PROJECT ORIENTATION / LUNCH - Community Development Department 12:00 pm Reminder-Joint worksession with Town Council and PEC 10/24/2000 Discussion & Presentation on UWIC :30 min. MEMBERS PRESENT MEMBERS ABSENT Clark Brittain Andy Blumetti Bill Pierce Hans Woldrich Melissa Greenauer SITE VISITS 2:00 pm 1. Mountain Haus - 292 E. Meadow Drive 2. Breeze/Max - 641 W. Lionshead Circle 3. Lodge Tower-200 Vail Road 4. Ford Park - Unplatted Driver: Bill PUBLIC HEARING - TOWN COUNCIL CHAMBERS 3:00 pm 1. Geneva 1 Project - Final review of proposed single-family residence. Brent 4355 Bighorn Road/Lot 3, Block 3, Bighorn Td Addition. Applicant: Bill Bolden, represented by Robert Nikkel MOTION: Bill Pierce SECOND: Melissa Greenauer VOTE: 4-0 TABLED UNTIL NOVEMBER 1, 2000 2. Mountain Haus - Conceptual review new entry feature/streetscape improvements. Bill 292 E. Meadow Drive/Lot 5, Part of Tract B, Vail Village 1" Filing. Applicant: Mountain Haus Condo Assoc., represented by Stephanie Lord-Johnson CONCEPTUAL - NO VOTE 3. Ford Park/Betty Ford Alpine Gardens - Conceptual review of proposed Children's Ann Gardens & amphitheatre entry improvements. Ford Park/Unplatted. Applicant: Vail Alpine Garden Foundation, represented by Southerland & Todd Oppenheimer CONCEPTUAL - NO VOTE TOW*YAfl~ 1 4. Lodge Tower - New sign. Ann & Bill 200 Vail Road/Lot A, Block 5-C, Vail Village 1St Filing. Applicant: Lodge Tower Condo Association MOTION: Bill Pierce SECOND: Hans Woldrich VOTE: 4-0 APPROVED WITH ONE RECOMMENDATION: 1. That the applicant improve the area around the sign. 5. Benedict residence - Final review of proposed remodel. Bill 3796 E. Lupine Drive/Lot 7, Blghorn Subdivision 2nd Addition. Applicant: Nicolas & Jan Benedict, represented by Terry Carpenter MOTION: Melissa Greenauer SECOND: Hans Woldrich VOTE: 4-0 APPROVED 6. Ford Park new pedestrian bridge- Final review of bridge.design alternatives. Bill Applicant: Town of Vail MOTION: Bill Gibson SECOND: Hans Woldrich VOTE: 4-0 TABLED UNTIL NOVEMBER 1, 2000 7. Skaal Haus - Final review of proposed remodel. Bill 141 West Meadow Drive/Lot D2, Vail Village 2~d Filing, Applicant: Skaal Haus Condominium Association, represented by Phillipe Courtois MOTION: Bill Pierce SECOND: Hans Woldrich VOTE: 4-0 TABLED UNTIL NOVEMBER 1, 2000 Staff Aoorovals Weum residence - Replace doors and windows. Bill 508 E. Lionshead Circle, Unit 405/Lot 1, Block 1, Vail Lionshead 1St Filing. Applicant: William Weum Simmons residence - Change to approved plans/roofline and windows. Bill 5157 Gore Circle/Lot 13, Block 3, Bighorn 5th Addition. Applicant: Lawrence & Patricia Simmons McLaughlan residence - Addition, dormer enlargement, new balcony. Allison 600 Vail Valley Drive, Northwoods A-12/Northwoods. Applicant- Gabija McLaughlan McLeod residence -Addition. Allison 600 Vail Valley Drive, Northwoods E-3 (503)/Northwoods. Applicant: Robert and Nancy McLeod Dauphinais residence - Re-roof. Bill 5136 North Main Gore Drive/Lot 2, Block 2, Bighorn Subdivision 5th Addition. Applicant: Suzanne & Pat Dauphinais 2 Justine Smith Trust residence - Re-roof. Bill 816 Forest Road/Lots 14 & 15, Block 1, Vail Village 6th Filing. Applicant: Jim Getten Ford Park- Fence between playground and Alpine Garden. Ann 841 Vail Valley Drive/Ford Park, Vail Village 7th Filing. Applicant: Town of Vail Cope residence - Pave driveway. Judy 2932 Bellflower Drive/Lot 7, Block 8, Vail Intermountain. Applicant: Peter Cope, Kenya Wigton and Bill Holm Deevy residence - Driveway re-alignment. Brent 736 Forest Road/Lot 11, Block 1, Vail Village 6th Filing. Applicant: Brian and Caryn Deevy Frey residence - Repair decks & railings; replace exterior doors; deck addition. Bill 2605 Davos Trail/Lot 23, Block B, Vail Ridge Subdivision. Applicant: Heidi & George Frey 9 Vail Road - Change windows to meet egress. Allison 9 Vail Road/Lot 1, Vail Village 2nd Filing. Applicant: Holiday House Association The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479- 2356,Telephone for the Hearing Impaired, for information. 3 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING SCHEDULE Monday, October 23, 2000 PROJECT ORIENTATION / - Community Development Dept. PUBLIC WELCOME 12:00 pm MEMBERS PRESENT MEMBERS ABSENT Site Visits : 1:15 pm 1. West Vail Texaco - 2313 N. Frontage Rd. West 2. VA shops Holy Cross parcel - 862 & 963 N. Frontage Rd. West 3. Tennis Court site - 615 Forest Road Driver: George NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30 p.m. Public Hearina - Town Council Chambers 2:00 pm 1. A request for a variance from Section 12-8A-5 of the Vail Town Code ("Lot Area and Site Dimensions') and a request for a-minor subdivision, to allow for the creation of two legally platted "Agriculture & Open Space" zoned tracts of land, located at 615 Forest Road / a currently unplatted tract of land located in the North t/2 of Section 7, Township 5 South, Range 80 West of the 6th P.M. Applicant: The Vail Corporation Planner: Brent Wilson 2. A request for a minor subdivision of an unplatted property, formerly known as the Vail Mountain Shop Yard and the Holy Cross Lots in Lionshead, to allow for the final platting to create two tracts, located at 862 and 963 S. Frontage Road West/Unplatted, Vail Lionshead 4th Filing. Applicant: The Vail Corporation Planner: George Ruther/Brent Wilson 3. A request for a Conditional Use Permit, to allow for the installation of a temporary soil contamination remediation shed, located at 2313 N. Frontage Rd. West/Tract B, Vail das Schone 1St Filing. Applicant: West Vail Texaco, represented by Dick Dilling Planner: George Ruther/Bill Gibson TOWN OF PAIL ~ 1 4. A request for a final review for a major subdivision, to allow for the subdivision of Lot 8 into Lots 8A & 8B, located at 1467 Aspen Grove Lane/Lot 8, Block 2, Lion's Ridge Subdivision Filing 4. Applicant: Robert Selby, represented by Braun Associates, Inc. Planner: Allison Ochs 5. A request for a final review of a conditional use permit and rezoning, to allow for the construction of Phase I of Donovan Park improvements, generally located southeast of the intersection of Matterhorn Circle and the South Frontage Road. Applicant: Town of Vail Planner: George Ruther TABLED UNTIL NOVEMBER 13, 2000 6. A request for a site coverage variance (Section 12-7A-9) and setback variance (12-7A-6), Vail Town Code, to allow for a new front entry to the Mountain Haus, located at 292 E. Meadow Drive/Lot 5, Part of Tract B, Vail Village 1s` Filing. Applicant: Mountain Haus, .represented by Fritzlen Pierce Architects Planner: Bill Gibson TABLED UNTIL NOVEMBER 13, 2000 7. Approval of October 9, 2000 minutes 8. Information Update The applications and information about-the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published October 20, 2000 in the Vail Trail 2 INFRASTRUCTURE STRATEGY PROVIDE FOR THE CONSTRUCTION AND MAINTENANCE OF PUBLIC INFRASTRUCTURE NECESSARY TO MAINTAIN AND ENHANCE THE QUALITY OF LIFE FOR RESIDENTS AND ENHANCE THE QUALITY OF THE EXPERIENCE FOR OUR GUESTS. Obiectives Prepare a balanced five-year Capital Projects budget that prioritizes and funds TOV capital needs. Keep pedestrian areas clean and swept. Reduce the noise Impacts associated with Interstate 70. Identify and fund capital maintenance necessary to maintain existing infrastructure. Six Month Actions Wayfinding ¦ Prepare schedule re: timing (within 8-12 weeks) ¦ Approve shop drawings ¦ Install upon arrival (before Christmas) ¦ Trail identifiers installed by 4/15/01 1-70 Noise Complete contour noise map by October to identify degree of problem/sites Identify options/study how and where to apply CONCURRENTLY = due 10/3/00 Identify available funding sources Hubsite ¦ Appoint two members each to the 501(c)3 and 501(c)4 ¦ Staff to coordinate current calendar to new "marching orders" ¦ Provide "marching orders" to design team in October/November Donovan Park ¦ Schedule RETT discussion (2 hours) for September - desired outcome: unanimity October 3 - provide clear direction/timetable/construction calendar so bid process is tnftstructure (10/19/00) completed and contract signed by April 15, 2001 Financing Lionshead Public;improvements ¦ Define WHAT the public improvements are exactly and estimate COST ¦ Draft memo re: all reasonable options for financing by 10/17/00 RSES Athletic Field ¦ Explore RE50J's financial commitment for this joint partnership ¦ Kevin and Diana will get the ball rolling wtvarious partners ¦ Staff will assess site access/viability/possible inclusion of old Carnie lot Fourteen Month Goals Hub Site ¦ Financing in place ¦ Complete buy-in to architecture -ready for election 11/01 ¦ No perception of foot-dragging Infrastructure (10/19100) LOCAL HOUSING STRATEGY WORK TO FACILITATE A RANGE OF HOUSING OPPORTUNITIES WHICH WILL PROVIDE THOSE WHO WORK IN VAIL AN OPPORTUNITY TO LIVE IN VAIL. THE BASIS FOR THE TOWN'S INVOLVEMENT IS TO MAINTAIN AND ENHANCE THE SENSE OF COMMUNITY AND TO HELP SUSTAIN THE VIABILITY OF THE LOCAL ECONOMY. THE TOWN OF VAIL IS NOT SOLELY RESPONSIBLE FOR SOLVING THIS PROBLEM. THE TOWN OF VAIL WILL FACILITATE THE PROVISION OF HOUSING AND WILL PARTNER WITH THE PRIVATE SECTOR AND OTHER GOVERNMENTAL ENTITIES TO CONTINUE ADDRESSING THIS PROBLEM. Obiectives Increase the utilization of existing housing stock where ever possible ¦ Discourage the conversion of existing local housing units ¦ Create housing opportunities through partnerships with public and private entities Six Month Actions Timberidge Written report re: "partners" to Council by 11/7/00 Re-zoning action to commence immediately thereafter depending on report Employee Generation Communicate w/County Commissioners Employee Generation PROs and CONs memo to Council Set evening meeting w/County Commissioner candidates prior to the start of "early voting" (10/23/00) Draft/discuss a model employee generation ordinance which would be valid for both the town and county-wide that can then be discussed w/the County Commissioners following the 1117/00 general election Fourteen Month Actions Ruins - Appraisal and report to Council by September 260' Berry Creek IGA with Eagle County COMMUNITY COLLABORATION CRITICAL STRATEGY EXERCISE COUNCIL LEADERSHIP TO IMPROVE COMMUNITY DIALOGUE AND FOSTER A MORE COLLABORATIVE COMMUNITY. Obiectives • Seek partnership opportunities where possible • Foster a collaborative community decision making process that allows for the implementation of Council decisions. ¦ Improve community dialogue and participation in community affairs. • Build trust and credibility through open, honest and fair decision-making practices. ¦ Identify needs, values and concerns of the community audience segments.. ¦ Articulate key community goals and issues. ¦ Create, through a strategic communications program, an environment of informed community consent on major public decisions. Six Month Actions • Post Vision/Mission banners in Council Chambers by Tuesday, 9/12/00 • Define/clarify legal and political leverage w/VRI ¦ Notify VRI immediately of Council's intent ¦ Begin report out to community at "Peer Resort' meeting, 8:00 A.M., Friday, 9/8/00 ¦ Reinvent Community Task Force as a tool ¦ Set Council/VRI retreat ¦ Define desired outcomes by creating a vivid visual description for 2005, 2010, 2015, 2020 Fourteen Month Actions None Collaboration (October 19, 2000) ECONOMIC VIABILITY STRATEGY PROMOTE A STRONG, VIABLE LOCAL ECONOMY THROUGH A PARTNERSHIP WITH THE PRIVATE SECTOR. THE TOWN WILL WORK TO STRENGTHEN VAIL'S ECONOMY WHILE MAINTAINING ENVIRONMENTAL AND DESIGN EXCELLENCE. Obiectives ¦ Increase the number of live beds in the Vail Village and Lionshead by x percent ¦ Work with the private sector to improve the quality of the existing bed base. ¦ Work to create retail diversity in Vail Village and Lionshead ¦ Work with the private sector to improve customer focus and service. ¦ Encourage and fund special events and create festive retail opportunities. ¦ Actively market the summer/shoulder seasons Six Month Actions • Maintain environment, both natural and infrastructure ¦ Discuss weekly Council "lunch" location under OTHER at 9/12/00-work session ¦ Create schedule and publish location ¦ Combine w/walkabout ¦ Obtain Disney standards ¦ Turn It Up - incorporate stewardship theme ¦ Reinstitute "Adopt-a-Path/Street" ¦ Discuss budget to make it happen and allocate dollars Fourteen Month Actions South Side of VTRC ¦ Add $15,000 to current supplemental appropriation to draft engineering study (second reading 9/19/00) This feasibility study will take approximately 2 months ¦ Council to determine prioritized uses and mix ¦ Draft RFP w/Council approval Consolidate Information Booths Bob to contact Morter/Aker Architects for site assessment Review alternative sites Undertake/complete political groundwork Special Events ¦ Educate Council (prior to January 2001) from a first-time promoter's perspective ¦ Solicit input from local event organizers: - WTCB - WF - Commission on Special Events - Destination Services - Etc. ¦ Appoint Council member to "shadow" Sybill at Commission on Special Events meetings Fire/Building/and "Other" Codes ¦ Set work session to discuss what Council CAN and CANNOT legislate, to include: ¦ Review and inform council on Building and Fire Codes ("black and white" vs. interpretation) Set work session prior to 12/19/00 Parking Pay-in-Lieu ¦ Discussion scheduled 9/26/00 TRANSPORTATION CRITICAL STRATEGY PROVIDE FOR THE SAFE AND EFFICIENT MOVEMENT OF PEOPLE AND GOODS WITHIN THE TOWN. THE TOWN IS COMMITTED TO A MULTI MODAL TRANSPORTATION SYSTEM WITHIN THE TOWN OF VAIL. Obiectives ¦ Improve the efficiency of the TOV transit system Work with the regional transportation system to improve the effectiveness and efficiency of the regional transportation system ¦ Optimize the delivery and distribution of goods in the Village and Lionshead ¦ Minimize the conflicts between vehicles, pedestrian and bicyclists ¦ Provide for the safe movement of bicyclists and pedestrians within the TOV ¦ Identify new technology for the TOV in town shuttle that will improve travel time and reduce operating cost ¦ Support the development of mass transit from DIA to Eagle Airport ¦ Identify objectives and strategies for parking and transit policies Six Month Actions Transportation (10/19100) ENVIRONMENTAL STRATEGIES STRATEGY' The Town of Vail will strive to be a leader in natural resource stewardship and will strive as a community, to attain environmental and economic sustainability. The Town of Vail recognizes the link between environmental quality and economic growth. Obiectives a. Ensure new development is consistent with the carving capacity of the area's natural environmental and man made resources. b. Protect the natural resources (air, water, natural habitat) and recognize they are interconnected and interdependent c. Improve efficiency in water, energy and waste management in businesses, residences and in government d. Ensure environmental compliance though proactive environmental management. Six Month Actions Fourteen Month Actions 1 These strategies and objectives are based on the Town of Vail Strategic Plan dated 11/99. Town of Vail Action Plan September 2000- November 2001 Action Council Status Next Council Point of Contact/ Timeline Date Lead Employee Community Alignment & Partnerships o5t.Vislon/Mlsslon.. banners ih~Cb-Lih6l 6 ` month Complete NA -;Pam, Brand meyer-~~ sGFia`jrbers ¦ Define/clarify legal Ludwig Kurz and political 6 &14 Tom Moorhead leverage w/VRI month Notify-VRl 14 . i'mbnediately f 6 & 14Gomptete Lu ' C un it' © dwig,Ki rz - + o c s intent month a , ¦ Set Council/VRI 14 month Retreat has been scheduled January 01 Suzanne Silverthorn retreat for January 3rd & 4m ¦ Begin report out to community at "Peer 14 month Community Meetings set for NA Suzanne Silverthorn Resort" meeting 11/16 and 11/24 ¦ Redefine TOV/VRI On hold until tactical Task Force taa 1 14 month activities are identified - post January 01 Ludwig Kurz TOV/VRI Retreat ¦ Define desired outcomes by Process will be designed Bob McLaurin creating a vivid 14 month following TOV/VRI retreat January 01 Suzanne Silverthorn description for 2005, In early January Russell Forest 2010, 2015, 2020 Action Council Status Next Council Point of Contact/ Timeline Date Lead Employee Work with Merchants to Flow chart graphically define approval 6 month defining process being 11/21/00 Pam Brandmeyer procedures for special prepared. events Meeting with special events promoters scheduled for 11/9 Maintain natural environment and town Pick up after yourself - infrastructure merchants included - pass this "sense of ownership" on to employees ¦ Through Turn It Up, create (or similar What does it look like: Larry Pardee program) 6 & 14 BLACK Greg Hall stewardship & months Partnership Paint bridge railings BEFORE chipping occurs ¦ Achieve Disney standards Paint railings on parking structures BEFORE chipping ¦ Reinstitute "Adopt-a- occurs Path/Street" Doggie bags - attach trash cans to polls Use community services workers to enhance staffing Spruce up concrete tunnel entrances into parking structures/paint/tile/etc. Community teamwork Should NEVER look sloppy, dirty, or dusty 30 year old buildings have character - clean up infrastructure around them 13) Everything should be perpendicular (light poles, i Action Council Status Next Council Point of Contact/ Timeline Date Lead Employee Discuss,. weekly. w Council-i'lunch" _ :~w On 10110 Councii agreed to o , < Council on the a Tuesday of Ra r. ;.e. ~4.:. Town Council 6 month each month; Lunch on 10/24 ~1,, Creat&schedule,and will be held at Bart & Yetis publish ',I'vcation . Combine /walkabout , x ¦ Village Parking 14 month Structural engineering 12/00 Nina Timm Structure (retail) analysis underway. Greg Hall Council to get public feedback on commercial Town Council space built and operated by TOV. ¦ Review Uniform 14 month Staff to review UBC and UFC 12/00 Gary Goodell Building Code and identifying staff interpretation Mike McGee Fire Code and opportunities for appeal. Tom Moorhead Greg Morrison Review conflicts between TOV codes and UBC & UFC. ¦ Parking Pay in Lieu 6 month Staff reviewed proposed changes on 9/26. Council 11/07/00 Brent Wilson agreed to off site parking maps Decide what is the Pay in lieu Town Council policy ? (ie does it exist) ¦ Community 6 &14 Currently refining the Facilities Hub Site month learning center concept Update on Russ Forrest along with the other 10/17 recreational uses. Staff preparing agreement for ¦ Donovan Park 6 & 14 design and engineering George Ruther month services ($220, 000) Action Council Status Next Council Point of Contact/ Timeline Date Lead Employee Special Events ¦ Brief Council from a We are preparing a first-time promoter's 6 month "flowchart" which graphically 11/21/00 Pam Brandmeyer & neighbor's identifies approval perspective procedures. ¦ Solicit input from local event 6 month organizers: ¦ Appoint Council Greg Moffet has agreed to 01/01 Greg Moffet member to "shadow" do this Sybill at Special Events meetings ¦ Identify additional venues Wayfinding ¦ Prepare schedule Week of November 6th NA Greg Hall Suzanne Silverthorn ¦ Approve drawings ¦ Install upon arrival 6 month th Week of December 15 Greg Hall Suzanne Silverthorn ¦ Trail identifiers installed by 4/15/01 April 15th 01 Greg Hall Suzanne Silverthorn In July, Council delayed TIF ¦ Lionshead Public 6 & 14 election until 11/01. Staff Financing month proposes to reinform public Russ Forrest of the public improvements Bob McLaurin identify in the LH Master Plan Steve Thompson and options for financing those improvements Will provide Council an We are currently defining updated on required public recommended improvements. next steps on 11/7 Action Council Status Next Council Point of Contact/ Timeline Date Lead Employee ¦ Ruins 14 month Staff met with Owner on Nina Timm 10/18100. He is considering Tom Moorhead our offer as well as two Russ Forrest others. He indicated he would get back to us within 2-3 weeks. Contract between developer ¦ Berry Creek 14 month & County complete. Sketch 10/26/00 Nina Timm plan on the overall Berry Tom Moorhead Creek 5th/Miller Ranch site Russ Forrest has been submitted. TOV staff will meet with Council on 10/26 to review IGA between County and TOV. • West Vail fire station (proposed) Bob to prepare memo ¦ Main Vail fire station 6 month summarizing and framing Bob McLaurin ¦ East Vail fire station issues: Staffing to meet John Gulick safety standards, response times, station locations, service levels, improving facilities. ¦ Timber Ridge 6 month Affordable Housing 11/14/00 Allison Ochs Ordinance drafted and Nina Timm scheduled for review by PEC Tom Moorhead and Council in Nov. Identify impacts of Telluride Housing decision Tom Moorhead In-town Transportation ¦ Review alternatives to replace in town shuttle ¦ Presentations by MK Engineering is preparing 11/15/00 Greg Hall vendors between an analysis and report. Mike Rose 11/15/00 and end of January 2001 Council will review and 11/7/00 Council ¦ Prepare 5 year modify CPF budget in Oct capital budget and adopt budge in Nov. ¦ Explore possible funding partners (demo project) 1 i ME W, I FIN, , The Right People A Jowl VE- wrrx V- RES - TO: Town Council FROM: Rod Slifer DATE: October 18, 2000 SUBJECT: VVTCB BOD Meeting I will be out of town for the Tuesday work session, October 24`h, but wanted to pass this information along to the council. First are some statistics regarding reservations, etc. Pretty good news. Second is a summary of data collected regarding WestFest and Octoberfest. This information is helpful to the VVTCB and the council regarding future funding. Bridge Street at Vail Village Office 230 Bridge Street • Vail Colorado 81657 • Telephone 970 476 2421 • Facsimile 9 70 4 76 2658 a Eael ' Affiliate SOTHEBY'S Va><l. INTERNATIONAL REALTY J • r OPERATIONS UPDATE-SEPTEMBER 2000 OVERALL Financial performance remains good through September. Shortfalls in commissions in Group and Visitor Centers have been offset by cost savings throughout the company, and we should finish the year with a positive fund balance. CENTRAL RESERVATIONS Lodging revenue booked thru Sept. +24% over last year, 4% under budget # Reservations made thru Sept. +26 over last year Internet Bookings during Sept. 4 (1% of total reservations) Answered 89% of incoming calls and converted 18% to bookings, compared to 92% and 14% last year. Booking pace for summer remains significantly ahead (+9.7%) of average pace of last 6 summers. Booking pace for November and December is significantly ahead (74%) of last years pace and 11% behind `98, and January, February, and March bookings are all tracking considerably ahead of last winter. Page views were 152% ahead of Sept. 99 (182206/72236), and unique visitors increased by 47%. GROUP Generated 31 leads during Sept. compared to 18 last year Booked 20 groups for $210,291 in lodging revenue compared to 9 groups for $200,604 last year. Thru Sept. have booked 48% of leads generated, compared to 36% last year and 29 and 31% in 98 and 97. This represents over $1,940,871 in lodging revenue compared to $1,288,693 last year. Recontacted ADP for potential future business (group has met here twice), and group has grown too large for Vail's current meeting facilities. Will only consider us in the future if conference center is built ...going to Maui in 2001 and Whistler in 2002. VISITOR SERVICES 6 Generated 373 same day reservations compared to 370 last year ...$45,930 in lodging revenue. Generated over $1,048 in activity sales compared to $554 last year. Began meetings with TOV staff and Morter Fisher Architects regarding consolidation of the two existing visitor centers into one center that is more centrally located. Finalized first proofs of Visitor Map, joint project with Vail Valley Chamber of Commerce. LODGING QUALITY Continuing inspections throughout November, and should have all rental units rated according to our standards, with ratings available to be used by VBCR and CenRes First phase of Website is almost completed, which will enable property managers and owners to check out ratings, recommendations, and purveyors who can help rectify the problems ...we'll begin loading information in October. SPECIAL EVENTS Successfully completed hosting WestFest and Oktoberfest. ( see attached Executive Summaries of research during events.) Both events were larger and more successful than last year's. Completed business planning for 2001 events with targets for growth ...submitted request to Town of Vail for improvement for next year. COMMUNICATIONS Coordinated local and regional Oktoberfest media coverage. Began coordination of 2001 media kit for summer LMD program with Peeples, Ink and Barnhart/CMI. Finalized "Premiere Impressions" Employee Recognition concept with TOV and VA participation ...have presented concepts to merchant groups for assistance in implementation. GENERAL Continued participation in Strategy Team for development of Renaissance Center concept. WESTFEST Summary of Findings ¦ Word-of-mouth (27%), front-range radio (18%), and Denver newspapers (15%) were the primary sources of initial awareness of WestFest. ¦ Most of the attendees (61%) were newcomers to the festival, and attended for one day (71%). • Most of the adult attendees (56%) came in groups of two. About one out of five brought children. ¦ WestFest primarily attracted visitors from rural areas of Colorado (37%) and from the Denver metro area (34%). Locals (Eagle County residents) represented only 10% of the attendees. ¦ Almost half (47%) of the WestFest attendees stayed overnight in the Vail Valley, with the average length of stay being 2.6 nights. Most of those who stayed overnight (62%) stayed at a lodge within the Town of Vail limits. • On average, WestFest attendees estimated they spent $241 per day, per person, over the course of the festival. Shopping was the largest expense category ($157/day). • Attendees of WestFest were predominantly middle-aged, representing mid to upper income categories. ¦ Three-quarters (75%) of attendees access the Internet at least weekly. ¦ Most attendees (73%) invest in stocks, bonds, or mutual funds. Among those investing, most go through a broker (65%), with 21% conducting their transactions online. OKTOBERFEST Summary of Findings • Word-of-mouth (30%), and local newspapers (25%) were the primary sources of initial awareness of Oktoberfest. • Most of the attendees (62%) were newcomers to the festival, and attended for one day (57%). • The average number of adults in a group was three. About 21% brought children. • Oktoberfest primarily attracted out-of-state visitors (29%) visitors from the Denver metro area (29%), and locals (25%). • Just over half (52%) of the Oktoberfest attendees stayed overnight in the Vail Valley, with the average length of stay being 4 nights. Almost half of those who stayed overnight (47%) stayed at a lodge within the Town of Vail limits compared to 19% downvalley. • On average, Oktoberfest attendees estimated they spent $171 per day, per person, over the course of the festival. • Most people attending Oktoberfest (88%) purchased at least one beer. • About one-third (34%) of attendees reported purchasing an Oktoberfest mug. • Attendees of Oktoberfest were predominantly middle-aged (two-thirds were over 35 years old) and affluent (roughly two-thirds reported annual incomes exceeding $55K). • Approximately three-quarters (77%) of attendees access the Internet at least weekly. • Most attendees (81%) invest in stocks, bonds, or mutual funds. Among those investing, most go through a broker (59%), with 39% conducting their transactions online. MEMORANDUM. TO: Department Heads FROM: Robert W. McLaurin, Town Manager DATE: October 19, 2000 SUBJECT: Acting Town Manager I will be out of town from Thursday, October 19, 2000 through Tuesday, October 24, 2000. Pursuant to Section 6.2 of the Town of Vail Charter Pamela A. Brandmeyer will serve as the Acting Town Manager October 19, 20, 21, 22, 23, and 24'. Please see Pam if you have problems or need assistance. If you need to reach me call Beth Salter who has the number where I can be reached. RWM/es cc: Lorelei Donaldson, Town Clerk f-Asaltermanagermemoactingtm COUNCIL FOLLOW-UP TOPIC QUESTIONS FOLLOWUP J 2000 , J _ 07/25/00 DOBSON ICE ARENA PAM: Inc. 500 organizers have expressed, nega: , , tive Pam and Lorelei will be meeting with Kathy Fort Carty from feedback re: the approval process for the use of Destination Services. Destination Services personnel are currently Rod Slifer Dobson Arena. preparing a written follow up summary. 09/12/00 CLEAN UP OF PRIVATE TOM/RUSS: Is there a way the town can require the If there is a clear public nuisance or threat to public safety the Town BUILDINGS clean up of buildings, as well as enforcement of hours can take action on private property. Other than a public nuisance, the of operation for business license holders? Town can not force aesthetic or maintenance improvements on Diana Donovan private property. 09/19/00 CATCH AND RELEASE ON CHUCK/BOB: Chuck will draft a letter to both See the attached letter. GORE CREEK Department of Wildlife and the Wildlife Commission requesting the status on Gore Creek be changed from Chuck Ogilby the "two fish limit over 16 inches" to "catch and release." Vail Associates and Ducks Unlimited will be asked to sign off in partnership w/the TOV. 10/19/00 DUMMY CAMERAS MIKE ROSE/GREG H.: Would dummy cameras in the parking structure help to deter crime? Kevin Foley 09/19/00 BEETLE KILL ROD: Will get material to provide potential solutions to Controlled burn in Booth Creek. The USFS will be back in April to the funding of a special collection mechanism (special revisit the window of opportunity to burn 600 acres above the Town Rod Slifer district), mill levy increase dedicated to this eradication Shop. This will be based upon scientific info already studied within w/a sunset, or other manner, to fight and/or effectively the prescription. Snow line, wind direction, temperature and humidity deal w/this potential hazard. will have to be just right before they will ignite the brush, for improving Also to be sought - the proposed "controlled burn" Bighorn sheep habitat. October 20, 2000, Page 1 money that will no longer be spent in/around this community. 10/19/00 ANALYSIS STEVE: Prepare an analysis on the impacts of shifting Vail's tax structure to rely more heavily on property Greg Moffet taxes, as opposed to sales tax, using the same proportional numbers. This would better reflect what is happening as our economy shifts from a recreation economy to a lifestyle economy. 10/19/00 SPECIAL EVENT NOTIFICATION PAM/LORELEI: There is a need for improved FOLLOW UP: In checking w/Mike Ortiz, staff found that although the communications during special events after merchants Vail Valley Soccer Club (proposed attendance at 500-700 Sybill Navas were caught offguard two weekends ago (October 7-8) participants) was included on the Ford Park Managed Parking when a soccer tournament came to town, causing calendar, this group had cancelled the previous two years so we did some restaurants to turn people away due to limited not know what to anticipate. Ortiz had told the organizers this year supplies. he would need a sizeable deposit to hold the fields and received that deposit a mere two weeks prior to the event. Again, it was difficult to gauge their impact. We will be ready next year to spread the "alert," should they return to Vail. 10/17/00 CITIZEN INQUIRY - Jaynel Attolini See attached letter(s). 09/19/00 REATION OF MAYOR'S LUDWIG: Determine whether a Mayor's Advisory ADVISORY GROUP Group might be the appropriate forum to move forward through the community outcomes re: youth concerns Sybil[ Navas (e.g., Fourth of July, New Year's Eve, etc.) as confirmed through the White River Institute's most recent graduating class's sponsorship of the county- wide forum on alcohol/substance abuse. 10/03/00 CMC MILL LEVY BOB/TOM: How does the town go about lowering their Greg Moffet mill levy? October 20, 2000, Page 2 u ~y TOWN OF VAIL Office of the Mayor 75 South Frontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 www ci. vail. co. us October 15, 2000 Colorado Wildlife Commission 6060 Broadway Denver, Co 80216 Dear Commissioners: On behalf of the Vail Town Council, I am requesting you convert the present "two fish over 16 inches" limit on the Gold Medal portion of Gore Creek to "catch and release." It is our feeling that a great number of undersized fish are being kept every year and a "catch and release" designation will allow for better public understanding and easier enforcement. This fishery has come under enormous pressure and it is our intent to work with you and the DOW to make it the best possible. The stretch of Gore Creek from Red Sandstone Creek to the source of Main Gore Creek and Black Gore Creek will remain under the current status. This will allow for all types of fishing activity in the Vail Valley, while placing the most stringent designation on the Gold Medal water. We are also actively monitoring water quality concerns as they relate to 1-70 and street runoff, sewage effluents, highway sand infiltration, and chemicals. Also "catch and release" would help to alleviate the need for stocking which could possibly risk the introduction of more whirling deceased fish. Presently, Gore Creek seems to be growing very large trout and we want to keep it that way. Thank you for your consideration in this matter. Sincerely, TOWN OF VAIL Ludwig Kurz Town Mayor xc. Vail Town Council ~ow RECYCLED PAPER u ~y TOWN O 75 South Frontage Road Department of Police Vail, Colorado 81657 Office of the Chief 970-479-2210 October 17, 2000 Jaynel Attoline 55 Aspen Court Lane Edwards, CO Dear Jaynel, Thank you for your letter regarding security in the Vail Parking Structure. While you specifically stated that you did not want a sympathy letter, please allow me to express my regret that your car was broken into and your personal items stolen. You are correct, there is no way you'll ever be able to replace some of the items stolen. We have been considering placing security cameras in the Parking Structure. In fact, during the 1999 World Alpine Ski Championships, the FBI and the Military loaned us cameras which were installed in some areas of the parking structure. Since that time we have been pricing cameras and the total costs of a security system for the TRC and other area in Town. Unfortunately, the costs are prohibitively high and we are not able to fund such a purchase at this time. As you may or may not know, due to lower sales tax revenues we will be eliminating five positions from the police department for the 2001 season. We simply cannot afford a high priced security camera at this time. Again, I am sorry for your loss and all the aggravations of being a victim of crime. Until such a time that we can afford cameras, please be assured that our officers will continue to patrol the TRC by foot, bicycle and car in an attempt to prevent car break-ins. Sincerel , Greg Morrison Chief of Police xc: Town Council ow RECYCLEDPAPER Vail Councilor 75 S. Frontage Road Vail, Colorado 81647 Greetings Vail Councilors: I'm the one who wrote to you with concerns about my belongings being stolen in the Vail Parking Structure. I was wondering how things were coming with the surveillance in the structure? I hadn't heard a word from you, and am curios if there is any way I can help expedite the process. How am I you ask? Well, I've had one hell of a month. Replacing all credit cards and putting a seven-year hold on all credit inquiries can be a real pain. Explaining to creditors that you don't remember the password you set six years ago is also frustrating. While in Seattle, I bought an inferior wallet to replace my ultra cool leopard print wallet that was stolen. Remember my writing notebooks that were stolen? Well, I've written several other pages of motivated prose, not that it replaces the Summer of 2000 material. Have you addressed my concerns in one of your meetings? When are they held? I'd like to attend. I'll ask my question again- Are Vail locals really safe to leave their car in the parking structure? I may be a crime statistic now, but I know that others have had their belongings stolen in the parking structure as well. What can we do to change this? How do we make Vail locals and the tourists who supplement the economy feel safer? Would surveillance intimidate criminals to go elsewhere or would a constant security guard presence help? Let's work on an answer. If we cannot do something about it in the near future, Why? I would be curios about your priorities as Vail Councilors. The safety and well being of Vail residents is at stake. This issue will not go away. My experience with theft in the parking structure is not an isolated incident- it's an epidemic. Sincerely, Jaynel Attolini Vail Councilor 75 S. Frontage Road Vail, Colorado 81647 To Whom It Should Concern: I am writing to plead added security or surveillance cameras are installed in the Vail Transportation Center Parking Structure. My car was broken into the night of 9/16/00. I had met a couple of work friends, and was wearing a smashing new outfit. Normally I carry my backpack with me everywhere. Although I'm twenty-six, I never did get into purses. This night, though, I decided to just bring my ID and debit card. I hid my backpack under a Wal-Mart bag in the backseat. I locked all four doors. I knew I would be drinking, so I had arranged a designated driver to take me home. I thought my car would be as safe as it would in my own driveway that night. It wasn't. The next morning, my car was broken into, and my backpack was missing. A simple cut and dry car theft, I'm sure these happen all the time. Suck it up, I told myself. Shit happens. Don't take it personal. But it was personal. In my backpack were the things that weren't valuable, but mattered to me. Stolen was: my address book from the past six years with contact information for my college friends and acquaintances, two notebooks full of my writing and poetry, a new book from amazon.com, an ugly bracelet my best friend made me which I couldn't seem to part with, a letter my Dad wrote last year saying he was proud of me (he's not much of a writer), my favorite picture of my sister and a completely dysfunctional but totally sentimental watch from my very first boyfriend. My wallet with checkbook, credit cards, little cash and social security card was also stolen. Other than the monetary concern and toll-free calling frenzy to cancel credit cards, I'm less concerned about getting that back. I know it's unlikely if not impossible to retrieve my belongings. The real issue is: Are Vail locals really safe to leave their car in the parking structure? I may be a crime statistic now, but I know that others have had their belongings stolen in the parking structure as well. What can we do to change this? How do we make Vail locals and the tourists who supplement the economy feel safer? Would surveillance intimidate criminals to go elsewhere or would a constant security guard presence help? I don't have the answer. I only have the experience of losing some things that were very comforting to me. I'm sure the photo of my sister laughing near a lake has made its way politely tucked in a careless dumpster. I don't expect that to be heartbreaking to you. It is to me. In our technical society, should I have archived the photo on my computer? Should a letter from my Dad feel as impersonal as a mass email? Is my batteryless watch otherwise a total piece of junk? Will my best friend ever duplicate the awkwardly crafted bracelet she made to forget the pain the summer her parents got divorced? I'm not looking for a blanket sympathy letter with a sterile apology about my misfortune. Let's instead take action by implementing security changes. There's no way to feel "good" about this theft, but knowing that there are measures we can take, if you are willing to step up and take the challenge, gives me some comfort in this whole ordeal. Hopefully considerably less people will be confronted with the punch-in-the-stomach feeling only such a loss constitutes. Sincerely, V V1 Jaynel Attolini . Chicago Tide Insurance Company : ALTA COMMITMENT l Our Order No. V270386 Schedule A Cust. Ref.: Property Address: PARCEL 1- LOT 3, SUNBURST, FILING N0. 3 PARCEL 2- TRACT B, VAIL VILLAGE, FILING N0. 8 1. Effective Date: August 25, 2000 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "TBD" Commitment ~ Proposed Insured: TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: TOWN OF VAIL, A COLORADO MUNICIPAL CORPORATION 5. The land referred to in this Commitment is described as follows: SEE AT'TACHED PAGE(S) FOR LEGAL DESCRIPTION Our Order No. V270386 LEGAL DESCRIPTION PARCEL l LOT 3, SUNBURST FILING NO. 3, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL2 TRACT B, VILLAGE EIGHTH.FILING, ACCORDING TO THE RECORDED PLAT THEREOF, TOGETHER WITH A PARCEL OF LAND LOCATED IN THE N 1/2 OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO. NOTE: LEGAL DESCRIPTION TO BE PROVIDED TO LAND TITLE. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. V270386 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V270386 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3.. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes or special assessments which are not shown as existing liens by the public records.o the Treasurer's office. 7. Liens for unpaid water and sewer charges, if any.. 8. In addition, the owner's policy will be subject to the mortgage, if any, noted in Section 1 of Schedule B hereof. 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 29, 1903, IN BOOK 48 AT PAGE 495 AND IN UNITED STATES PATENT RECORDED AUGUST 22, 1956, IN BOOK 157 AT PAGE 304. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 29, 1903, IN BOOK 48, AT PAGE 495 AND RECORDED AUGUST 22, 1956, IN BOOK 157 AT PAGE 304. 11. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, OR NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED SEPTEMBER 14, 1977, IN BOOK 259 AT PAGE 755. 12. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN ON THE PLAT OF SUNBURST FILING NO. 2 RECORDED SEPTEMBER 14, 1977 IN BOOK 259 AT PAGE 754, AND SUNBURST FILING NO. 3 RECORDED DECEMBER 20, 1977 IN RECEPTION NO. 160101. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V270386 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: (THE ABOVE ITEMS AFFECT PARCEL 1) 13. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAMT BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED AS RESERVED IN UNITED STATES PATENTS RECORDED JUNE 29, 1903 IN BOOK 48 AT PAGE 495 AND RECORDED AUGUST 22, 1956 IN BOOK 157 AT PAGE 304. 14. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 29, 1903, IN BOOK 48 AT PAGE 495 AND RECORDED AUGUST 22, 1956 IN BOOK 157 AT PAGE 304. 15. ANY RIGHTS IN AND TO THE SHIVELY DITCH AND GORE CREEK. 16. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED JANUARY 12, 1966 IN BOOK 192 AT PAGE 39. 17. TERMS, CONDITIONS AND PROVISIONS OF GROUND LEASE AND OPTION TO LEASE AGREEMENT RECORDED FEBRUARY 05, 1969 IN BOOK 217 AT PAGE 613 AND AMENDMENTS RECORDED IN BOOK 218 AT PAGE 952 AND IN BOOK 239 AT PAGE 37. 18. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS, AS CONTAINED IN INSTRUMENT RECORDED DECEMBER 17, 1965, IN BOOK 187 AT PAGE 523. NOTE: SAID PLANNING AND ARCHITECTURAL CONTROL COMMi i i hE REFERENCED IN THE PROTECTIVE COVENANTS HAS BEEN REPLACED BY THE TOWN OF VAIL. 19. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE RECORDED PLAT OF VAIL VILLAGE, EIGHTH FILING. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V270386 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 20. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED FEBRUARY 05, 1969 IN BOOK 214 AT PAGE 612. 21. TERMS, CONDITIONS AND PROVISIONS OF UNDERGROUND RIGHT OF WAY EASEMENT RECORDED MAY 24, 1976 IN BOOK 246 AT PAGE 623. 22. TERMS, CONDITIONS AND PROVISIONS OF CONVEYANCE OF UTILITY EASEMENT RECORDED MAY 27, 1980 IN BOOK 303 AT PAGE 256. 23. TERMS, CONDITIONS AND PROVISIONS OF UNDERGROUND RIGHT OF WAY EASEMENT RECORDED NOVEMBER 12, 1986 IN BOOK 452 AT PAGE 134. 24. EXCEPTING THEREFROM ANY PORTION OF SUBJECT PROPERTY LYING IN ANY ROADWAYS AND RIGHTS OF WAY OF RECORD. 25. DEED OF TRUST DATED JANUARY 11, 1984 FROM TOWN OF VAIL, A COLORADO MUNICIPAL CORPORATION TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF THE PULIS RANCH, A COLORADO LIMITED PARTNERSHIP TO SECURE THE SUM OF $2,200,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED JANUARY 19, 1984, IN BOOK 376 AT PAGE 987. SAID DEED OF TRUST WAS ASSIGNED TO JAY B. PULIS, JR., WARREN K. PULIS, ANN PULIS ROUSE, MARY JANE PULIS BURNEY, DONALD CHARLES PULIS, JR. AND CAROLINE PULIS WARWRZYNSKI IN ASSIGNMENT RECORDED JULY 03, 1989, IN BOOK 509 AT PAGE 392. (THE ABOVE ITEMS AFFECT PARCEL 2) LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENT Required by C.R.S. 10-11-122 A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at lease one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available(typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Recorded at - I __..o'elock bt., _ W6 "*I • 27 Recent ion No._-'----.--"---- n , Tn,s T?r i. D. a;.rde th;s lit;, day of January 084 I PAGE Jt r' LIPS between THE PULLS RANCH, a Colorado limited partnership (t/~,n1 EACt.i. ~t.vi;Dr:R ofll,y Jrm l! AM q Count If Eagle first part,aild TOWN O VAIL, COLOP.ADO, a Colorado municipal corporate n hose legal address is c/o Town Manager, Municipal Building, Date: ~t1 -,~y,• Vail., Colorado 81657 I $ 71 ,Z? of the Cunnty of Eagle :jr(I State of - I Vag-Le L:cunEy,1 , C'olnr•.uL,. ofthe second part: S State Doc. r•Cd r I WiTNESSETH, That the said p:r,•t y Lift he first part. for and in ea tisideratini, of Teri Dollars (,10. UU) and other good and valuable consideration +f+-)t f7.+P_S a, the'aid party of the first. p,,rt in lurid livid by said party ol'the ser.ond part, the receipt whereof is hereby confessed :roil arknr.v b•dged, i:a S R.^:u,terl, bnry;ained, sold and ennceced, and by Lh,: xe :resents do I u::ces'Tors l F;nutt, bargain, sell. convey auni confirm. ant„ the said party of the second part, its ..;rani .,.,signs fnrv 1 ever, all the follnwi n.: dcscrib,•d Int nr parcel Lifland. situate, lying toad being in the Count.,of Eagle an.i tit,rte ni Culornd n, to u it: See Exhibit A attached hereto and incorporated herein by reference (the "Property") to be used in perpetuity for a publ )if course or open space or park for the benefit of the public and only s.,ch other related support facilities required for those purposes. This covenant shall run with the land and shall be binding upon and inure to the benefit of Grantee and Grantor, their successors, and assigns; provided, however, that in the event that Grantor., its successors or assigns, shall regain fee simple title to all or any part of the Property described herein, then such covenant shall terminate as to such part or all of the Property. al.n kno,en .,r •a reel nn,l nulnbrr 'IYNIE'I'II F; Ii wnh all .,nd amRnlnr the heredilnin,.nts and nplnn•t erwnr,•r th,•retu helnuging, nr in anywise upper. t,umnr, and th,. rev,•r""ll ;md rvverr.i,ms, remainder and remainders, rents, issues surd profit.s thereof, ;end all the , vt ou e, rlkrht, title, interest, claur, and ,,,maid what-ever of the said part y of the firs'. part, either in law or equit v, ,n and to the ah•.,ey bargained premi.-,. with the Fw red itan,ents and appur tenancy::. '1'tl HAVE AL;D 'I'll I1011I1 the sold premises Ill v,• Imrgain,•d and des,•riln,d ',vith the appurtenances, unto the successors -:rid part. y of the second part, 'its rtrwt~ and a,v:cigns forever. And the said part y of the first part, for iL d,,es eoeen;,nt, k'rant, hargain, and agree to and sYccesslvrs with the -id p:u't v of the ser,u,d p:,,-t, its : It, • s'.slktn:<• but at %he time of the ellseniing and delivery ,ft ILL.- ln•,.cents. it is well s,•i te,l of the premises ab-'e c•nnveyed, aP 1)f R1111(1, 5Ur'e, perfect, abavlu[c MI-I rode (e:raibh •-<nt^ it inh,•r,t ante, in Law, in fey simpic. and !.a s gnud right, full power and :tut hority to grant. ).w LzMo, cell and conc,•c tht, nan1,• in man n,•r :aid I~,rm a- aG,r,•Iald, :aid I I'm Ih,• .,amt are: I'n•r• mid rl,•nr Ir~w I'll I"'I mer i,mi nt her vault" b,u'Kains, a.rles, li,•nx, tnx,•a, uaysvmyuts and oncumin unc- of ,viint-rr kind of nature.,„~•very except see Exhibit B attached hereto and incorporated herein by reference :end I.h.. alp-.. I,:" vamed Prcmis,s in the gaiet and peaeeable pnss,•ss-ri of i nr said p:n'ty ofthr• sr +nnd part, h+a r, and as,iv- nv;rin.t all and .,veep p,•rrnn or persons Ia"'C"llJ , Ir,•minq nr to ctllim the whnh• I,- 'I"', part t h, reu f. t ILL. ::end l -:rrt y •,I't he hes:.p:rrI.,lrall:,nd will`L%A It R:\ N'I'A N U FORK VER 1) E F EN 11. I?:R'I'1'\P:~<1C!I F:1{I;rl P.: h,•.oi•1 pa:tv of the(•rst part has Ivnun V.. set its luu,d a..•I >••aI „.e d.,y find •:,r first obuv. ,vrltt,•n. THE PULT.S RANCH, a Colorado limited l partnership sEA 1.1 By: F.: A 1, 1 ~a Pu J B ~.~Cu r,~~ v Cc^ t S t ISKA1,1 Y amen Kamer Pu~.is7 ,'It OF ('(I i.I) R A IM. Ct Ccr 2,.~,, t-rtl. I l ~ J ! The far'; gn:ng instrumcn; w:u ?c:.n,~+v;ed •erl Y„• : k. fore nu• t lus ~ dap of it+84 Jay B. Pulis, Jr., a general partner cf The Pul.is Ratich, a Co~orado* %Ij c(nn one...... eNj,in•s i!, . Witness nIC hand ;end ,ffirial ,r al. \`%Addr. e~ss : v,n., > l•,d,r, ;SUITE Ifni) c _ 303 CASSL"Ir' ITCENTH' AVENUE f f Limited part tership DENVEII, COLOPLA:)Q 8020 ACKNOWLEDGMENT CONTINUED ON NEXT PAUr. t No. 932 WARRANTY DEED.-For PEorepr.nhl.• a«n.A- aruJfoN Puf,I{.hinN. S><'S w, trth I.aAcw...•J. CU x;17 -fJr,1, _li.(. 1.83 STATE OF , > ,C ) s /7.n1 y COUNTY OF 'r' ? s. The foregoing instrument was acknowledged before me this day of 1984 by Warren Kamer Pulis, a general partner of The Pulis Ranch, a Col'6rado limited partnership. Witness my hand and official seal. My commission expires: .,;Notarv Public /Address: 10(x) (SUITE. Oi INTEENT3l AVENUE `v,G f:sr Vf it, CaL0RA7: ~ CD:Qi i i 3 I EXHIBIT A Tracts A and B, VAIL Vni AC'E, EIGHM FIL=, a-ling to the recorded Plat thereof 1wr-krL tc WITH A paroel of land located in the N112 of Section 9, Township 5 South, Range 80 West of the Sixth Principal meridian being mire particularly described as follows: Beginning at a point on the south right of way line of S.H. No. 78 (Oct.. 1965), from which the ?jW Corner of Section 9, Township 5 South, Range 80 West bears N. 25° 32115"W. a distance of 948.5 feet; thence along the south right of way lire of S.H. No. 78 (Oct. 1965), S. 56 50149" F. a distance of 63.9 feet; thence continuing along said right of wary line N. 78°09'11" E. a distanoe of 2,364.4 feet; thence continuing along said right of way line along the arc of a curve to the left, having a radius of 5,930.2 feet a distance of 250.1 feet (the chord of 'this arc bears N. 76 561gl" E. a dintaaee df 250.1 ft.); thence continuing along said right of way line N. 75 44111" E a distance of 1,207.8 Beet to the north line of Section 9; thence along the north line of Section 9, N. 89 19122" W. a 4stance of 193.8 feet; thence S. 789G9'll" W. a dis?noe of 122.6 feet; thence S. 7734149" W. a distance of 2,700.2 feet; thence S. 76 04159" W. a distance of 747.4 feet; thence along the are of a curve to the right, having a radius of 5,923.0 feet a distance of 137.6 feet (the chord of this arc bears S. 78°40'25" W. a distance of 107.6 feet), mare or less, to the point of beginning. TOGETrM WITH - A part of the AA, Section 9, Township 5 South, Range 80 West of the Sixth Principal Meridian, Town of Vail, Colorado, described as follows: Beginning at the northeast corner of said Section 9, thence along the east line of said Section 9 S00°02'30"E 318.38 feet to the northerly boundary of Vail Valley, Third Filing, a subdivision recorded in the office of the Eagle County, Colorado, Clerk and Recorier; thence the following nine courses along said northerly boundary: (1)195.12 feet along the arc of a curve to the left having a radius of 208.84 feet, a central angle of 53°31'52", and a chord which bears N78°16'35"W 188.10 feet; (2) S74°57'30"W 299.19 feet; (3) 132.47 feet along the arc of a curve to the left having a radius of 191.50 feet, a central angle of 39°38'06°, and a chord which bears S55°08'27"W 129.85 feet; (4) S35°19'24"W 53.28 feet; (5) 91.32 feet along t;:r orc of a curve - to the right having a radius of 90.69 feet, a central angle of 18° 00'00", and a chord which bedra S44°19'24"W 90.95 `left; (6) S 53°19'24" W 197.05 feet; (7) 11:.13 feet along the arc of a curve to the left having a radius of 16'.00 feet, a cen- tral angle of 39°37'55", and a chord which bears S33'30126"W 111.87 feet; (6) S13°41'29"W 95.24 feet; (9)138.45 feet alo:,g the arc of a curve to the right having a radius of 108.67 feet, a central angle of 72°51'47", and a chord which bears S50°07'23"W 129.31 feet to the northwest corner of L.jt 2, Vail Valley, Third Filing; thence along the northerly line of a parcel described in Book 325 at Page 460 in the Clerk's Records 68.98 feet along the arc of a curve to the right having a radius of 108.87 feet, a central angle of 36°18'02", and a chord which t,ars N75°1714:1"W 67.83 feet to the most easterly corner of Lot 3, Sunburst Filing No. 3, a subdivision recorded in the Clerk's Records; thence the following eight courses along the easterIv and northerly boundary of said Sunburst Filing No. 3: (1) 80.00 feet along the arc of a curve to the right having a radius of 108.87 feet, a cen- tral angle of 42°06'13", and r. chord which beers N36°05'16"W 78.21 feet; (2) N15°02'30''W 115.00 feet; (3) 239.:1: feet along the arc of a curve to the left having a radius of 169.10 feet, a central angle of 72°31'52", and a chord „1,ich bears N51°18'24"W 223.72 feet; (4) 119.31 feet along the arc c: a curve to the left having a radius of 135.00 .feet, a central ai.3"e of 50°38'17", and s chord which bears N72°59'22"W 115.47 feet; ;j) S81°41'30"W 877.73 feet; (6) 202.57 .`^.ct along the arc of a curve =o the left having a radius of 444.7i feet, i (CONTINUED) t (CONTINUATION OF EXHIBIT A) a central angle of 26°05'11", and a chord which bears S68°38:54"W 260.73 feet; (7) S55°36'19"W 37.99 feet; (8) S12°57'43"W 30.01 feet to a point on the northerly boundary of Vail Halley, First Filing, a subdivision recorded In the Clerk's Records; thence the following three courses along said northerly boundary: (1) S63°06'08"W 93.37 feet; (2) S71° 15'58"W 102.04 feet; (3) S88°36'16"W 185.01 feet to the most easterly corner of Tract A„ Vail Villa,g=, Eigbch Filing, a subdivision recorded in the Clerk'a Records; thence the following five courses along the e-terly line of said Vaal Village, Eighth Filing'. (1) 93.08 feet along the arc of a curve to the right having a radius of 125.00 feet, a cen- tral angle of 42°40'00" and a chord which bears N15°03'41"W 90.95 feet; (2) 117.72 fvcc along the arc of a curve to the left having a radius of 190.00 feet, a central angle of 35°30'00", and a chord which bears N11°28'41"W 115.85 feet; (3) N29°13'41"W 138.00 feet; (4) 74.32 feet along the arc of a curve to the right having a -radius of 245.00 feet, a central angle of 17°22'52", and a chord which bears N20°32'15"W 74.04 feet; (5) N11°50'49" W 54.92 feet to the southerly right-of-way ..ine of. U.S. Highway No. 6; thence the following three courses along said right-of-way line: (1) N78°11'20"E 540.92 feet; (2) N76°56'41"E 250.00 feet; (3) N75°43'51"E 1260.37 feet to the north line of said Section 9, thence along said north line S89°23'38"E 1061.65 feet to the point of beginning. I i i I 1 f s EXH:IDIT Q 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 8. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, bnd any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, im- posed by law and not shown by the public records. 5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. 5. Reservations of (1) right of L-, ietor of any penetrating vein or lode to extract his ore; and (7) right of way for any ditches or canals contructed by the authority of the Lt?ited States, in U.S. Patent, recorded June 29, 1903 in Book 48 at Page 495, and recorded August 22, 195f in Book 157 at Page 304, 7. Any rights in anP to the Shively Ditch and Gore Creek. 8. Right of way e.--~,ent granted to the Western Slcp Gas Corpany in instrument recorded January 12, 19C5 in Bov* 192 at Page 39, soid easemt being along the northerly 25 feet of subject property. 9. Terms, conditions, provisions and stipulations oonta.:ned in Ground Lease and option to Lease A-j o.., „ t bet Aeen Carol nine K. Pulis, Jay B. Pul.is, Jr., warren Kamer Pulis, and Jay B. Pulis, Jr., 'Trustee, and Warren Kamer Pulis, Trustee, Lessors, and Vail Metropolitan lie=reaticn District, Lessee, recorded February 5, 1969 in Book 214 at Page 613, and amendments recorded in Book 218 at Page 952 and Book 239 at Page 37 of the Eagle Louaity Records. 10. Terms, ay~u:,-ts, provisions, conditions, obligations and restrictions, which do not contain a forfeiture or reverter clause, but omitting restrictions, if any, based uxn race, color or national origin, as contained in the Declaration for Vail Village, Eighth Filing, recorded i..~.: r 17, 1965 in Book 187 at Page 521. 11. Easements as shorn on the recorded Plat of Vail Village, Eighth Filing. 12. Terms, conditions and provisions contained in Easerent A.y...._._;nt between Jay B. Pulis, Jr., Warren x.:aar Pulis, grantors, and Vail Water and Sanitation District grantee, re-Ia February 5, 1969 in Book 214 at Page 612. 13. lnde~t.- nd Right-of-way F.3senent between The Pulis Ranch and Mountain States Telmer-_~ and Telegraph CcaWy recorded May 24, 1976 in Book 246 at Page 623. 14. Excepting therefxcm any portion of subject property lying in any road- ways and rights of way of record. i.- WS 16•4q.06 Ufw* J LAW OFFICES DUNN, ABPLANALP & MAURIELLO, P.C. A PROFESSIONAL CORPORATION JOHN W. DUNN WESTSTAR BANK BUILDING TELEPHONE: ARTHUR A. ABPLANALP, JR. 108 SOUTH FRONTAGE ROAD WEST (970) 476-0300 DIANE H. MAURIELLO FACSIMILE: INGA HAAGENSON CAUSEY SUITE 300 VAIL, COLORADO 81657 (970)476-4765 OF COUNSEL: highcountrylaw.com JERRY W. HANNAH e-mail: vaillaw@vail.net CERTIFIED LEGAL ASSISTANTS MEMORANDUM KAREN M. DUNN, CLAS JANICE K. SCOFIELD, CLA To: Town of Vail From: Art Abplanalp Subject: Correspondence Relating to Rezoning and Conditional Use Permit - Hockey Arena Date: 25 September 2000 The Town of Vail has been provided with significant testimony any correspondence relating to the above project. We have noticed that a single pattern is consistent with regard to both the testimony and the correspondence. The residents and property owners in the neighborhood along Sunburst Drive who will be impacted and endangered by this project are, with virtual unanimity, opposed to this project. To the extent that support exists for this proposal it comes almost solely from individual who neither own property nor reside in this neighborhood. The letters provided to the Town of which we are aware, and, where available, the addresses of the authors and the dates of those letters, as well as the names and addresses of those offering testimony at the PEC hearing are found on the following pages. The residents of the Sunburst Drive neighborhood hope that the Town will recognize the fact that this proposal faces solid opposition from the neighborhood, and that the Town will deny the proposal based upon the fact that it cannot be granted consistent with the Town's land use regulations and comprehensive plan. 1 Correspondence to Town of Vail Regarding Hockey Arena Letters in opposition to the project and identifying grounds why a conditional use permit cannot be approved: Name Address Date Bradley Jones Vail Golfcourse Townhomes undated, 18 & 19 Oct Robert Boyce Vail Golfcourse Townhomes 14 Sep Busse, Leonard Vail Golfcourse Townhomes I, President 24 & 25 Aug Buncher, James Vail Golfcourse Townhomes IV, President 24 Aug Lazarus Vail Golfcourse Townhomes 01 Sep Mounsey Vail Golfcourse Townhomes 05 Sep Perrin Fallridge Condominums 18 Sep Boniface, Star Sunburst Drive 29 Aug Klein, James & D Vail Golfcourse Townhomes 21 Sep Buncher, Mary Vail Golfcourse Townhomes 14 Sep Ladd, Jerry Vail Golfcourse Townhomes 25 Aug Hunt,David Vail Golfcourse Townhomes 31 Aug Blumetti Sunburst Drive 29 Aug Harvanek, Steve Vail Golfcourse Townhomes undated Robert, Joseph Vail Golfcourse Townhomes 6 Oct Lunney, Jim Vail Golfcourse Townhomes 2 Oct Wiley, Gary Vail Golfcourse Townhomes c. 5 Oct Lacham, Chet Vail Golfcourse Townhomes 2 Oct Letter in support of the project: Ridler, Barbara unknown ("East Vail") 25 Sept People offering testimonv in oDDosition to DroDosal at PEC meeting: Jerry Ladd (misspelled "Lath" in PEC minutes) - Vail Golfcourse Townhomes Marnie Murner- Spring Hill Lane Star Boniface- 2038 Sunburst Drive-Vail CO 81657 Deborah Webster- 1825 Sunburst Dr-Vail CO 81657 Flo Steinberg- Eagles Nest Circle George Webster- 1875 Sunburst Dr- Vail CO 81657 Steve Blanchard- 1825 Sunburst Dr- Vail CO 81657 People offering testimonv in suDDort of DroDosal at PEC meeting: Shawn Boris -1699 Deer Blvd-Avon CO 81620 Chris Shuck - unknown Jim Potter- 0601 Deer Blvd- Avon Co 81620 Kirk Hansen- 775 Potato Patch Dr-Vail CO 81657 Phil Hoversten- 1183 Cabin Cir- Vail CO 81657 John Cogswell - 794 Potato Patch Dr- Vail CO 81657 Gary Brandt- 1650 Lions Ridge Loop- Vail CO 81657 Piet Peters- unknown - not in the area Glenn Davis- 0111 Stonegate Cir- Edwards CO 81632 Peter Kyle- 0044 Larkspur Ln- Avon CO 81620 Mike Grant- 4026 Lupine Dr - Vail CO 81657 ~1S to ~?4•00 ~+Gku~.~l - V A I L - LAND USE PLAN pyt ~ s COMPLETED FOR THE TOWN OF VAIL COMMUNITY DEVELOPMENT DEPARTMENT Adopted November 18, 1986 CHAPTER VII - COMMUNITY FACILITIES l 1. Inventory and Assessment of Town Owned Property The initial section of the study provides a general evaluation of the suit- ability of the numerous town owned sites to accommodate development. The term development is used in its generic sense in that land` which may currently be void of any activity or could be improved or developed to accommodate a public or private use. An initial screening of the properties is presented in which the site and location is presented. The physical character of the site is briefly described as is its current use. Finally, an assessment of the suitability of a site is based on a number of factors including the following: - Size. The site may be too small to accommodate any active or passive function. - Physical Constraints. The site may be subject to flooding, may con- tain geologic hazards or severe slope conditions. - Accessibility. The site may contain significant limitations on access which may suggest only certain types of use. Existing Use There may be an existing public use on the site which is providing a valu- able service to the community and likely not to change. (Note: for pur- poses of this assessment, the planning horizon of the Year 2000 is used as the basis for commenting on future needs of the community.) Restrictions on Use A number of parcels of land which have been deeded to the Town of Vail con- tain convenant restrictions as to their use. These restrictions could pre- clude certain activities and dictate site utilization. This initial evaluation would be termed a coarse screening of the town properties. The intent is to identify those parcels which are likely not to change from their current use or activity and to eliminate them from further discussion. Conversely, those tracts of land which do represent opportunities for change or development will be analyzed further for their potential. Coarse Screen of Sites Following is a listing of identified Town of Vail owned properties and comments as to their character and suitability. The parcels are numbered generally from the east part of the community to the west and are located on Figure 4 - Inventory of Town Properties. 42 L Tract 1 - Bighorn Park This 6.43 acre parcel of land is improved as an athletic field and play- ground for younger children. It serves as a neighborhood park for area residents and will continue as a park and recreation site. Tract 2 - King Arthur's Court This site is located across Meadow Drive from Bighorn Park. The site pro- vides public pedestrian access to the mountain side on Forest Service lands to the south. The site is identified as being an area of high environ- mental constraints and would appear to be most suitable for park and open space activities. Tract 3 - East Vail Fire Station Located on Columbine Drive in the Bighorn Subdivision, the station provides for the fire protection needs of the east Vail area. Tract 4 - Bighorn Subdivision, Third Addition This area is north of Interstate 70 in the Pitkin Creek area. The tract of land had been subdivided into 18 lots, a dedicated road and a 5.73 acre unplatted parcel. The parcel has limited access and it is located in an area of high environmental constraints. No convenant restrictions have been identified with the site, however, its inaccessibility and development limitations suggest that open space is its most appropriate use. Tract 5 - Pitkin Creek Stream Tract This is the streambed and associated floodplain area of Pitkin Creek located between I-70 and Bighorn Road. It is also the site of the Historic Circle K ranch house which is used as a bus shelter. The open space char- acter of Pitkin Creek should remain as would the historic site and thus no change is anticipated. Tract 6 - Katsos Ranch This parcel of land has been the subject of much community-wide discussions since its purchase by the Town of Vail in 1977. The tract contains 146 acres and lies immediately east of the Vail Golf Course and south of Gore Creek. A study was prepared in 1978 to examine the impacts of alternative development scenarios for the property. The alternatives ranged from a "do nothing" or "no development" scenario to the construction of an executive style golf course. The study concluded that a moderate level of develop- ment is the most desirable for the site. This level of development would include a bike trail, running trail, cross-country skiing trails and picnic areas. Many of these improvements have been constructed and are used by area residents and tourists alike. Based on this expression it is assumed that passive open space is the acceptable and appropriate use for the parcel. 43 Tract 7 - East of Booth Falls Road This area consists of three separate tracts of land which were dedicated to the Town of Vail for open space as part of subdividing. Of the separate tracts of land that have been dedicated, Tract C has little in the way of development constraints. Its location at the intersection of Katsos Ranch Road and the east Frontage Road has good proximity to roads and utilities. There are other public dnd private recreation facilities in Booth Creek and the site offers no apparent unique visual or environmental benefits. This is a possible site for disposition by the town. However, it should be noted that there has been no confirmation of covenants or deed restrictions associated with the property. No alternate use has been identified for this site at this time. Tract 8 - West of Booth Falls Road This area is similar in formation to Tract 7 in that individual parcels of land were dedicated to the Town of Vail as part of park and open space requirements. Two of the parcels are within high environmental hazard areas and are likely to remain as open space areas. The third parcel of land in the subdivision has frontage along 1-70 and back ups to the resi- dential area along Bald Mountain Road. This parcel is attractive for development because of its visibility, access to the frontage road, rela- tive large size (14 acres) and only a portion of the property is within a moderate environmental hazard area. There is, however, some questions as to the convenant restrictions on the property which may limit the use to open space. This tract has been discussed in the past as a possible loca- tion for an executive par 3 golf course, however it is not large enough to accommodate such a use. A well planned 18-hole par 3 course requires 50 to 60 acres. A 9-hole par 3 course could possibly be accomplished on as lit- tle as 20 acres, however this site is only 14 acres and therefore would not accommodate "executive" type course very adequately.* While it is a possi- ble candidate for some type of development, there are no current public facility needs which could be accommodated at this site. Tract 9 - East of Sunburst Drive This site contains just over 28 acres and is located south of the Vail Golf Course. The site is entirely within a high hazard area and is viewed as designated open space for the community. Just to the south of Sunburst Drive are several small parcels which are avalanche chutes, scheduled to remain as open space. Tract 10 - Vail Golf Course The Vail Golf Course comprises just over 94 acres of land along Gore Creek in the east-central part of the community. A portion of the course winds through a residential area along Vail Valley Drive. No change is antici- pated in the function and extent of the area. * DeChaiara, Joseph and Lee Koppelman, Urban Planning and Design Criteria, Pg. 380; and THK Associates, Inc. 44 MEMORANDUM TO: Vail Town Council, Design Review Board, Planning and Environmental Commission FROM: Department of Community Development DATE: October 24, 2000 SUBJECT: A request for a work session to discuss the establishment of a special development district to allow for the construction of a new conference facility/hotel/fractional fee unit club at 13 Vail Road / Lot A, B, C, Block 2, Vail Village Filing 2. Applicant: Doramar Hotels, represented by the Daymer Corporation Planner: Brent Wilson 1. INTRODUCTION The applicant is proposing a special development district (SDD) where the Chateau at Vail is currently located. The SDD is intended to facilitate the construction of the Vail Plaza Hotel West, a new mixed-use lodge project. The current (and proposed underlying) zoning for the property is "Public Accommodation." The establishment of a fractional fee club and the construction of Type III employee housing units will also require conditional use permits. The purpose of the worksession meeting is to: • Present the proposal to the Town Council, Design Review Board, Planning & Environmental Commission and the community, • Inform the Town Council, Design Review Board, Planning & Environmental Commission of the issues discussed between the applicant and staff, ¦ Engage in a discussion to forward direction and input on the various aspects of the proposal to the applicant and staff. II. DESCRIPTION OF THE REQUEST The Vail Plaza Hotel West is a mixed-use development proposal. Uses within the hotel include residential, commercial and recreation. The proposed plan currently includes a 120-room hotel, 17 condominiums, 41 fractional fee units, 15 employee housing units, a 200+-seat restaurant, a 50-seat bar, 7,788 square feet of retail space, 26,972 square feet of conference/meeting space, and a 34,106 square foot spa/health club. 1 III. COMPATIBILITY WITH PUBLIC ACCOMMODATION ZONE DISTRICT The following is a summary of the land use regulations prescribed by the Public Accommodation Zone District: According to the Official Town of Vail Zoning Map, the applicant's property is zoned Public Accommodation. Pursuant to the Town of Vail Municipal Code, the Public Accommodation Zone district is intended: to provide sites for lodges and residential accommodations for visitors, together with such public and semi-public facilities and limited professional offices, medical facilities, private recreation, and related visitor oriented uses as may appropriately be located in the same district. The Public Accommodation District is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the District by establishing appropriate site development standards. Additional nonresidential uses are permitted as conditional uses which enhance the nature of Vail as a winter and summer recreation and vacation community, and where permitted are to function compatibly with the high density lodging character of the District. The Public Accommodation Zone District is intended to provide sites for lodging units with densities not to exceed 25 dwelling units per acre. The Public Accommodation Zone District, prior to January 21, 1997, did not permit interval ownership. On January 21, 1997, the town Council adopted regulations allowing interval ownership subject to the issuance of a conditional use permit. Previously, interval ownership was only allowed as a conditional use in the High density Multi-family Zone District. On October 5, 1999, the Vail Town Council approved Ordinance No. 23, Series of 1999, amending the development standards prescribed in the Public Accommodation Zone District. The amendments included an increase in allowable GRFA up to 150%, an increase in site coverage, the elimination of AU's and FFU's in the calculation of density, revised setback requirements, and other various aspects in the development of properties zoned Public Accommodation. The allowable building height, landscape area and limitation on commercial square footage remained unchanged. IV. THE SPECIAL DEVELOPMENT DISTRICT ESTABLISHMENT PROCESS Chapter 12-9 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: 2 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 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. An approved development plan is the principal document in guiding the development, uses, and activities of the Special Development District. The development plan shall contain all relevant material and information necessary to establish the parameters with which the special development district shall adhere. The development plan may consist of, but not be limited to: the approved site plan; floor plans, building sections, and elevations: vicinity plan; parking plan; preliminary open space/landscape plan; densities; and permitted, conditional, and accessory uses. The determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as part of the formal review of the proposed development plan. Unless further restricted through the review of the proposed special development district, permitted, conditional and accessory uses shall be limited to those permitted, conditional and accessory uses in the property's underlying zone 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. The nine SDD review criteria are referenced below: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Town of Vail Municipal Code. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and 3 overall aesthetic quality of the community. G. A circulation system designed for both vehicles and pedestrians addressing on and off- site traffic circulation. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. 1. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. V. DISCUSSION ISSUES Staff has completed a preliminary review of the plans submitted for the development of the Vail Plaza Hotel West. Upon the completion of our review, a number of issues with regard to the proposal have been identified. The Community Development Department recommends that - the Vail Town Council, Design Review Board, Planning & Environmental Commission, the staff and the applicant engage in a dialogue on the issues that have been identified. 1. Access and Loading/Delivery South Frontaae Road Access - The applicant is proposing a revised access to the site along the frontage road where the joint hotel/service station access exists today. Staff believes the proposed access to the service station is insufficient to meet the needs of large gasoline trucks. As a result; large trucks would be sent to the Vail Road entrance to Alpine Standard. - There is not adequate space for a gasoline truck to turn around within the gas station site. Therefore, the gas station access along the frontage road should be maintained at a width capable of accommodating large trucks. Additionally, staff believes the proposed "harbor area" in the median (across from the police station) is insufficient in width to prevent the stacking of cars and impacts to the existing level of service along the frontage road. Vail Road Access - The applicant is proposing to utilize the existing hotel access drive along Vail Road. Staff does not believe the proposed access drive is capable of accommodating two-way traffic as proposed. Additionally, access for fire trucks and emergency vehicles along this route is inadequate. Loadina and Deliverv - Staff strongly believes loading and delivery should occur on the north side of the site (instead of along West Meadow Drive). Given the presence of emergency vehicles (from the hospital and fire station) and the provisions of the Town's Streetscape Master Plan along West Meadow Drive, staff believes South Frontage Road should serve as the portal for both passenger vehicles and delivery trucks. The loading and delivery area proposed by the applicant is insufficient and does not allow for adequate turnaround of delivery trucks. If the loading bays were built as proposed, delivery trucks would need to back out onto West Meadow Drive where conflicts with pedestrians and emergency vehicles may occur. This is not an acceptable solution. Questions: Is a one-way primary access from Vail Road acceptable? Are both left and right turn movements acceptable from the frontage road access? 4 2. Bulk, Mass and Buildina Confiauration Although the subject property lies outside the context area for the Vail Village Master Plan and Vail Village Urban Design Guide Plan, staff believes these guidelines are useful in establishing a neighborhood character and context for this proposal. Heiaht - Staff believes the proposed building height is excessive-and out of character with adjacent buildings and the village core. The applicant has not established that this deviation from zoning is outweighed by any present or future public benefits. Confiauration/Lavout - Given the proposed height of the building, staff believes it is imperative to configure the building mass in a north/south alignment in order to prevent the same types of sun/shade problems that already exist on the site. Given the amount of streetscaping proposed and the high number of pedestrians along West Meadow Drive, staff believes a courtyard entry along West Meadow Drive would be preferable to an interior atrium space. Bulk/Mass -The Town Code establishes bulk and mass controls including setbacks, site coverage and building height. This proposal involves deviations from all three controls (although the setback deviations are below grade). Generally speaking, staff believes the proposed bulk and mass is out of scale with and disproportionate to adjacent buildings and the established character of Vail Village / West Meadow Drive. 3. Deviations from Underivina Public Accommodation Zoninq As outlined in Section 12-9A of the Town Code, it shall be the burden of the applicant to demonstrate that any deviation from the development standards of the underlying zoning provide public benefits that outweigh the adverse effect of said deviation. The followina is a brief svnopsis of the proposal's deviations from underlvina zonina: • Setbacks - 0'-5' below grade; 20' above grade (20' required) • Height - 84.5' top of ridge; 95.75' arch. projections (48' max. allowed) • Site Coverage - 70.8 % below grade; 62.7% above grade (65% allowed) ¦ Landscaping - 14.7% (30% required) ¦ Parking - Town staff estimates a need for over 300 parking spaces for the project. The applicant is proposing 188 spaces (including valet). Questions: What types of deviations, if any, are acceptable? Under what conditions might certain deviations be acceptable? 4. EmDlovee Generation For a point of reference, the "middle range" of employee generation rates for the proposed development is provided. 5 Middle of Range Calculations (source: Town of Vail Employee Generation Report) a) Retail/Service Commercial = 7,788 sq. ft. @ (6.5/1000 sq. ft.) = 50.6 employees b) Health Club = 34,106 sq. ft. @ (125/1000 sq. ft.) = 42.6 employees c) Restaurant/Lounge/Kitchen = 6,015 sq. ft. @ (6.5/1000 sq. ft.) = 39.1 employees d) Conference Center = 26,972 sq. ft. @ (1/1000 sq. ft.) = 27.0 employees e) Lodging = 129 units @ (.75/unit) = 96.8 employees f) Multi-Family Units = 17 units @ (.4/unit) = 6.8 employees g) Fractional Fee Units = 41 units @ (.4/unit) = 16.4 employees Total Employees = 279.3 employees 79 existing employees) = 200.3 employees (X 0.30 multiplier) new employees = 60.1 employees Typically, the Town has requested that a developer provide housing for 30% of the anticipated number of employees generated by an SDD proposal. In this case, the preliminary "middle range" calculations would suggest a need for 60 beds (based on a 30% factor). The applicant is proposing 15 employee housing units on site for a total of 30 beds. Questions: Is off-site housing an acceptable solution? Is down-valley housing an acceptable solution? 5. Landscaping and Streetscapina The streetscape improvements suggested by the applicant are consistent with the basic provisions outlined in the Town's Streetscape Master Plan. However, staff believes the layout of the proposed building dominates the street edge and imposes greatly upon the pedestrian scale along West Meadow Drive. Staff believes a scaled back massing of the building (consistent with the provisions in the Vail Village Urban Design Guide Plan) would be more consistent with the established pedestrian scale and character of West Meadow Drive. Staff believes the proposed landscape plan is insufficient in terms of overall landscape area. Vl. STAFF RECOMMENDATION As this is a worksession discussion, the Department of Community Development will not be forwarding a recommendation at this time. A formal recommendation will be provided at the time of a final review. The specific purpose of this work session is to solicit clear, concise direction that the applicant and staff can use to direct the project's progress. Some specific questions we are looking for answers to include: ® Is the Town willing to entertain the idea of an SDD at this location? ® What additional information is necessary at this point? ® What are the initial "red flags" for the proposal? Is access off of Vail Road and/or West Meadow Drive acceptable? 6 I _ 0000_ r . 0 " 0 ~ r'' Sri 1! y+ "''1 1 ~r i~ 11~ f' r - - f Irk; _ ® ® ® 1 - I ®I _ - I r - - " I East Elevation I I I I I I I ' 0~0 0 0 sa~oa ® ® ® m ®I 1 1 1 1 1 1 I I__( I I I; ~ ~ ~ III ~ ~ West Elevation L o 0 ~fl Chateau Va ~ Site Elevations AND ASSOCIATES, INC. 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MCN(IfGT1RF - PIANNWL - INIFF100.9 PO W% 19)b AWN. CVIORAOp 616)0 September 25, 2000 ,el NroI9NZmn 9AZ b)m 99s,o9a 1 _ I f-I I-l- 1 1 1 4-1 - } o'., m rmm„~ 19 III r-In Fay 411 _ _ aSt - (5.6. 4>~ G1S 1.1 ~ . m «b ~ p~ _ I ~nJnnrhud.lrre ~ - w Iii. ~ - . o, .i..... .....i 6n:. OuW.wr P.roi Arco I Chateau Va H Sole i? Level Minus One (159.5') iE i H AND ASSOCIATES, INC. Vail, Colorado Scale: 1" = 50'-0" September 25, 2000 P.0.90M 19]6 ANOFI, CO109A00 !16]0 J lFL 19]01 H9019) FA%I9)OIH41969 -I ) I-I- 14-I I I-~- 1 nAin0 kain I I - ' S4'r~'i~'l CnrtiJrrt . S4~:i Trcnim.~I I mip ~.eal~~° Is~ndn. su r._,~ - - ~ S4unsb fgniP Siurapc I \ , - A~•r„hip,. t~. x,'rria bby \ OmJnur tool Am.~ Uu Jnm Pool rli.a ~ L L J - I CL O O G i Chateau Mao ~ So i Level Minus Two (149.0') AND ASSOCIATES, INC. Vail, Colorado Scale: 111 = 5O'-011 ucr Irtlcm¢ . awwrac . ~lasnions September 25, 2000 .0.600 19)6 7, CgdUOp LI61o m rsiol9~9mn ,u b~mws,oa (I I I I I { f { L Z Vii Chateau Va H 5fte 4® Level Minus Three (138.0') AND ASSOCIATES, INC. Vaili Colorado Scale: 1" = 50'-0", P.O. 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L> u d•~=: ~4z b ~ r .,Y~ 7 k d i - t ~~~Wi', ~ s ''Sae" - ' _ ~0 1}s~ y` Lie ~r 'r ~ rr r Nw > i _ e y r 2 7--C Fry } I .i r~ ~(tir i1 M3 r Y' t 1 1 - ~ rvAi. wt°v. k tr.3.~;v. •:~i?'v €;~9. .,1 3,~9 f b~~~ ;~`e- ~ ? 1'~.. _ 'rte. - '3'i ~'~+M,v°.. r~`#i1,z~wk'< ' k `~'~ee 1~5 ~ u L ~''w+ ,y k~; r J" Yt g 1 7d ~F N a 64;ia'i a Winter 1 Dam t Y MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: September 25, 2000 SUBJECT: A request for a rezoning (from Outdoor Recreation to General Use), a minor subdivision and a conditional use permit, to allow for the construction of a seasonal ice hockey rink at the Vail Golf Course, located at 1778 Vail Valley Drive / Lot 3, Sunburst Filing 3. Applicant: Vail Junior Hockey Association, Vail Recreation District, Town of Vail Planner: Brent Wilson 1. DESCRIPTION OF THE REQUEST This request involves the placement of a recreational ice hockey facility at the Vail Golf Course adjacent to the existing clubhouse. The structure would be located where the existing seasonal ice rink is situated, but the proposed new facility would be entirely enclosed. The subject property is currently zoned "Outdoor Recreation" (OR). The intent of the OR zone district is to "preserve undeveloped or open space lands from intensive development while permitting outdoor recreational- activities that provide opportunities for active and passive recreation areas, facilities and uses." The OR designation encourages recreational uses that do not include enclosed buildings or structures. Therefore, a rezoning to "General Use" is necessary to accommodate an enclosed ice facility. The structure is proposed to be 120'x 225' in size and it would be located on the north side of the clubhouse. Associated mechanical equipment will be enclosed within a 25' long, 8' wide and 8' tall enclosure located to the northeast of the clubhouse. This enclosure will be removed once it is no longer required for the facility operation. A Zamboni will be housed within the golf cart storage facility inside the clubhouse. Daily hours of operation, according to the Vail Recreation District, will be from approximately 8:00 a.m. to 11:00 p.m. from mid- November to mid-March. Therefore, the Town of Vail is requesting a rezoning of a portion of the Vail Golf Course from Outdoor Recreation to General Use and a conditional use permit to allow for the construction of the "bubble" and appurtenant equipment. A minor subdivision application request will also need to be reviewed to legally describe the portion of the Vail Gold Course property to be rezoned. II. BACKGROUND In pursuing the council's desire to provide an additional enclosed sheet of ice this winter, staff examined two options: 1) expanding the existing "General Use" parcel at the golf course clubhouse to include the proposed site, and; 2) writing a text amendment to the 1 "Outdoor Recreation" zone district to allow buildings or structures (seasonal or permanent). The following is a synopsis of the issues involved with each option. Expanding the existing "General Use" parcel at the clubhouse ¦ This process is consistent with the way the Town has previously addressed the need for public buildings that are associated with recreational uses at the golf course. ¦ All uses in the GU district (other than pedestrian paths and open space) are conditional uses. This means any proposals for new development require PEC review and approval at a public hearing. Adjacent property owners would be notified of hearings. The PEC has the ability to impose time restrictions or "sunset" provisions on conditional uses. ¦ Future Land Use Designation is "Park" (Vail Land Use Plan) -This means any future development proposals must be related to recreational uses. The PEC and staff must ensure this during the conditional use permit review process. Amending the Outdoor Recreation Zone District to include "buildings" • This would impact a large number of properties throughout the town (please refer to the attached map) beyond the scope of this specific proposal. ¦ Many of the areas zoned "Outdoor Recreation" are intended to provide passive or active recreation opportunities on lands that may not be suitable for development. The Town's stream tract (between the International Bridge and the Covered Bridge) is one example. • Master plan provisions (Vail Land Use Plan, Vail Village Master Plan, Comprehensive Open Lands Plan) may prohibit development on certain lots that are zoned Outdoor.Recreation. Amending the zone district text would create inconsistencies between the zoning regulations and applicable master plan documents. III. REVIEWING BOARD ROLES The PEC is responsible for evaluating a proposal for: - Conformance with development standards of zone district - Lot area - Setbacks - Building Height - Density - GRFA - Site coverage 2 Landscape area - Parking and loading Mitigation of development impacts - Compliance-with the goals and requirements applicable Master Plans The DRIB is responsible for evaluating the DRB proposal for: - Architectural compatibility with other structures, the land and surroundings - Fitting buildings into landscape - Configuration of building and grading of a site, which respects the topography - Removal/Preservation of trees and native vegetation - Adequate provision for snow storage on-site - Acceptability of building materials and colors - Acceptability of roof elements, eaves, overhangs, and other building forms - Provision of landscape and drainage - Provision of fencing, walls, and accessory structures Circulation and access to a site, including parking, and site distances - Location and design of satellite dishes - Provision of outdoor lighting IV. STAFF RECOMMENDATIONS Rezonina Staff recommends that the PEC forward a recommendation of approval of the applicant's request for a rezoning from "Outdoor Recreation" to "General Use" to the Vail Town Council, subject to the following finding: 1. That the proposed zone district is compatible with and suitable to adjacent uses, consistent with the Town's Land Use Plan and Zoning Regulations, and appropriate for the area. If the PEC chooses to recommend approval of this request, the Department of Community Development requests the following condition be placed on the approval: 1. The applicant must process (PEC) and record (Eagle County) an approved final plat to reflect the amended zoning district locations prior to construction of the facility. 3 Conditional Use Permit Staff recommends that the PEC table (to October 9th) the applicant's request for a conditional use permit to allow for the operation of a "seasonal structure to accommodate recreational activities" and the maintenance of an existing outdoor recreation area, to allow staff additional time for review of outstanding relevant issues. If the PEC chooses to approve the request at this time, staff recommends the approval be subject to the following findings and conditions: Findinas: 1. That the proposed location of the use is in accordance with the purposes of Chapter 12-16, Town of Vail Code and the purposes of the General Use district. 2. That the proposed location of the use and the conditions under which it would be operated or maintained will 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 Chapter 12- 16, Town of Vail Code (Conditional Use Permits). Conditions: 1. Town staff will closely monitor and measure the sound output of the rink during peak usage to ensure conformity with the noise ordinance. In accordance with hourly restrictions described in the-town's noise ordinance, the facility will not be open for use - between the hours of 11:00 p.m. and 7:00 a.m. 2. The approval of this conditional use permit will become void two years from today's date (September 25`h, 2002). The Planning and Environmental Commission reserves the right to revoke this approval at any time during this period if conformance with the criteria for review and conditions of approval is not demonstrated. This includes provisions for snow clearance and/or removal. Minor Subdivision Staff recommends that the Planning and Environmental Commission table (to October 9th) the request for a minor subdivision until additional information is received. V. REZONING REQUEST -CRITERIA FOR EVALUATION 1) Is the existing zoning suitable with the existing land use on the site and adjacent land uses? Staff believes the both the existing and proposed zoning designations are suitable with the A 4 existing and adjacent land uses. The town's intent has been to provide opportunities for public recreation at this location. Through the conditional use permit process, staff and the PEC can ensure that all future use of the site will be compatible with master plan goals and development objectives. General Use Puroose Statement The General Use District is intended 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. 2) Is the amendment presenting a convenient workable relationship with land ~:ses consistent with municipal objectives? Through the conditional use permit review process, the PEC can ensure that any future proposals are consistent with municipal objectives. This review process is intended to address development impacts such as traffic, parking, noise, hours of operation, etc. Please refer to Section IV of this memorandum for complete details. 3) Does the rezoning provide for the growth of an orderly viable community? In accordance with the provisions of the Town of Vail Zoning and Subdivision Regulations and Vail's Master Plan Elements, staff believes this rezoning provides for the growth of an orderly viable community. 4) Is the change consistent with the Land Use Plan? The Vail Land Use Plan places a future land use designation of "Park" on the subject property. These types of parcels are intended "for both active recreation activities such as athletic fields, golf courses and playgrounds, as well as areas for various passive recreation activities." Staff believes a zoning designation of "General Use" (a district intended for public facilities) is consistent with the goals and objectives outlined for the "Park" land use category. The following goals from the Plan are specifically impacted by this proposal: 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. Staff Response - Given the demand demonstrated for public ice at the Dobson Ice Arena, staff believes the provision of an additional (temporary) ice facility is consistent with this goal. 5 1.10 Development of Town owned lands by the -Town of Vail (other than parks and open space) may be permitted where no high hazards exist, if such development is for public use. Staff Response - This project involves the placement of a public recreational structure on Town lands. This portion of the golf course property is not located within any identified geologic hazard areas. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). Staff Response - The subject property is an infill lot. 2.5 The community should improve non-skier recreational options to improve year-round tourism. Staff Response - This is a non-skier related winter recreational facility. When coupled with the existing golf course driving range, the property will provide year- round tourism amenities. 2.6 An additional golf course is needed. The Town should work with the down valley communities to develop a public golf course as well as other sports facilities to serve the regional demand for recreational facilities. Staff Response - the Town has discussed the issue of down-valley ice facilities with other jurisdictions. Currently, Eagle County and the Town of Eagle have plans for the construction of additional public ice sheets down-valley. Additionally, the Town of Vail has plans to construct additional public ice as part of the "Hub Site" Community Facilities Plan. However, these are not anticipated to be available for public use within the next 2-year time frame. Therefore, the Town Council has agreed to appropriate funding for an additional temporary ice sheet in an effort to support local and regional demand for public ice for the short term. 2.7 The Town of Vail should improve the existing park and open space lands while continuing to purchase open space. Staff Response - The intent behind the enclosure of the existing rink is to provide an extended period of use (regardless of weather conditions) and a higher quality ice surface. Staff believes this effort is consistent with the stated goal of improvement of existing park lands and facilities. VI. CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN REVIEW The conditional use permit is necessary for both the "seasonal structure to accommodate recreational activities" (hockey rink) and the maintenance of the existing use of the golf course driving range in the summer and fall months. In accordance with Chapter 12-16 of the Town of Vail Code, an application for a conditional use permit within the General Use District shall be subject to the following development factors and criteria: 6 1. Relationship and impact of the use on development objectives of the Town. Applicable goals from the Vail Land Use Plan are outlined in Section III of this memorandum. Development standards for the General Use zone district are prescribed by the Planning and Environmental Commission in the form of an approved development plan for the project. Staff believes this proposal is consistent with the intended recreational uses identified for this site. Compatibility with adjacent residential uses is addressed under item #3 of this section. 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. Transportation facility impacts are addressed below. Staff believes the improved ice surface will provide a positive impact upon demonstrated parks and recreation facility needs. Staff does not believe this proposal will impact the other above-listed facilities. 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 front ihe'streets and parking areas. Summer Traffic - Staff believes there are existing summer golf course traffic demands placed on Vail Valley Drive and Sunburst Drive that exceed an acceptable level of service. Clearly, these demands are due to summer golf course usage and they result in traffic congestion and occasional safety issues. However, staff believes the driving range is an accessory to the primary golf course usage and that the range is not a primary generator of "stand alone" trips. According to the Institute of Transportation Engineers, we should expect a golf course of this size to generate approximately 731-754 average daily trips. Assuming each driving range tee is used 8 times a day, we would anticipate approximately 400 trips (or 20% of the total estimated Vail Valley Drive traffic) being generated by the driving range. However, many of these trips are already attributable to the golf course itself and are considered "internal." Therefore, staff believes the driving range is a "stand alone" generator of approximately 15% (or fewer) of the trips along Vail Valley Drive. Any trips east of the golf course along Sunburst Drive are generated by residential uses. Town staff is in the process of conducting traffic counts along Vail Valley Drive to determine peak hour activity and average daily traffic. Winter Traffic - Staff believes the enclosed facility will generate a nearly identical amount of traffic as the existing exposed ice rink. Winter traffic demand on Vail Valley Drive and Sunburst should fluctuate throughout the day. As opposed to the peak "shotgun" tee time intervals during summer use, staff anticipates a more evenly spread volume of traffic throughout the day with the varied mix of users of the golf course property during the winter months. According to the Institute of Transportation Engineers, we should anticipate approximately 268 average daily trips for a recreation facility of this size. Given the mix of uses at this facility and the level of interest shown by Vail citizens for winter sports, staff would anticipate at 7 least a 15% increase over-this estimate, bringing the total average daily trip estimate to approximately 308 average daily trips. Staff believes this is an acceptable volume (approximately 15.4% of total trips) for a residential collector road such as Vail Valley Drive / Sunburst Drive. Summer Parkina - There is an existing shortfall of summer parking at the subject property due to the demand generated by golf course usage: According to the Vail Recreation District, 240 (or more) cars may be parked at any given time in the parking lot and along Vail Valley/Sunburst Drive during peak user periods. These trips are directly attributable to golf course usage and staff believes the driving range functions as an accessory to the golf course and is not a primary traffic generator. If the driving range were to be treated as a primary use (and principal traffic generator) peak user demand would impose a need for approximately 28 spaces (or 11.6% of peak parking demand). According to survey data produced by the American Planning Association, the number of parking spaces required for the golf course itself should be more than doubled. However, this need is not attributable to the driving range alone and is not relevant to this specific proposal. Winter Parking.-The Vail Junior Hockey Association states that peak parking demand for the rink (assuming two teams arriving and two teams leaving simultaneously and one car per player) is 56 spaces. According to survey data provided by the American Planning Association, we should anticipate a peak parking demand of 53 spaces for an enclosed (team sports) recreation facility of this size. Staff believes an estimate of 58 spaces (during peak periods between practice sessions) is conservative and realistic. Since the rink is intended for use as a practice facility (games and events will be held at the Dobson Ice Arena), no additional parking generation is expected from outside spectator demand, although limited bleacher seating will be available to accommodate parents, coaches and guests. According to the Vail Recreation District, the Nordic Center serves anywhere from 20-45 daily. users during peak periods. It is anticipated that peak hours of usage at the nordic center will occur earlier in the day (during the week) than the activity at the hockey rink. However, certain events (the "5 at 5" for example) will. create a demand for nordic center parking during evening hours. Thus, the conservative estimate of 36 spaces is used for calculating peak parking demand (assuming carpooling and use of the adjacent bus stop - @ 1.2 persons/vehicle), although the primary use of the nordic areas is anticipated during the earlier daylight hours. The restaurant space at the golf course clubhouse is considered an accessory use to the golf course and it experiences a decrease in users when the golf course is closed. It is anticipated that the restaurant will serve many parents of hockey players while children practice. Therefore, many of the trips associated with the restaurant should be considered internal to the hockey rink or nordic center use. The golf course site also serves as a site for winter sleigh rides. On its busiest day, the VRD expects a total of 20 daily sleigh ride customers (or an assumed peak 8 parking demand of 5 spaces attributable to the sleigh operation throughout the day). Summary of Estimated Daily Winter Parking Demand* Land Use/Activity Anticipated Max. Parkina Needs Hockey Rink 58 spaces Nordic Center 36 spaces Restaurant 9 spaces Sleigh Rides 5 spaces Total Gross Dailv Parking Needs = 108 spaces (gross daily) (Turnover Factor** @ 10%) Estimated Peak Parking Needs = 97.2 spaces Available Parking on Site = - 110 spaces * These figures include anticipated employee parking. 'This factor assumes a length of stay of 6 hours or less (including prayer drop-off and pickup) and a fluctuation in hours of peak usage for all uses on site. This factor also assumes some of the trips to the restaurant will be associated with nordic center or hockey rink usage. Therefore, there should be a limited shared parking space occurrence on site. Staff believes the above-listed parking estimates are very conservative and reflect a worst-case scenario peak parking demand. However, staff believes it is imperative that snowplowing (fcr the entire lot) and parking lot maintenance become a key priority at the site. Snow storage should not be ucccr ;modated Ni" i " - parkin lot. 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. Bulk and Mass - Pursuant to the Vail Town Code (Section 12-2-2), a seasonal use or structure shall not constitute site coverage and shall not be subject to building bulk control standards. For a point of reference, however, the following information is provided: Allowed/Required Proposed Building Height per PEC approval approx. 35 feet Floor Area per PEC approval 28,125 square feet Site Coverage per PEC approval 0 square feet Setbacks per PEC approval min. 200' from private properties Parking Spaces per PEC approval 110 spaces Adjacent properties include duplexes (limited to a maximum of 33' of building height), and townhouses (limited to a maximum of 38' of building, height). The proposed height of the temporary structure is approximately 35 feet at its highest center portions. Given the setback from the road and adjacent properties and the 9 location of the proposed structure with regard to the existing clubhouse, staff believes the bulk and mass are compatible with the established bulk and mass of adjacent properties. Noise - The Town's noise ordinance permits a noise level not to exceed 50 dB (nights) and 55 dB (days) in most residential areas (measured 10' from the noise source on public property). It is anticipated that the maximum noise output of the rink's associated blower/refrigeration units is 80 dB. Therefore, the applicant is proposing to enclose the equipment in an effort to mitigate the aesthetic and noise impacts. However, documentation of the extent of noise mitigation is not available at this time. Given the ambiguities in determining the potential noise impacts, however, staff is recommending a condition of approval that the Town will measure the sound output of the rink (and its associated mechanical equipment) during peak usage to ensure conformity with the noise ordinance. Additionally, it is recommended that the hours of operation be limited to 7:00 a.m. - 11:00 p.m. Adjacent neighbors have expressed concerns about the noise generated by the existing outdoor hockey rink (pucks bumping against dasher boards, shouting). Staff believes the enclosure of the facility will help to alleviate some of those noise concerns. VII. SUMMARY OF OUTSTANDING ISSUES Staff believes additional time is necessary for adequate review of the following outstanding issues: ¦ Potential floodplain impacts (if applicable). • Peak hour traffic counts and average daily traffic for Vail Valley Drive. • Compliance with exiting requirements in accordance with building/fire codes. ¦ Additional information regarding methods of noise impact mitigation. The Planning and Environmental Commission shall make the following findinas 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. 10 Existing Adjacent Land Use INTERSTATE 70 (NOT IN T.O.V.) J J__ f--~" - Prop©ed Rezoning Location T ~ F ~SUNHUR`'T DR ' _ SUNBURST DR ~ - e _ 21 ~ 2 J ftY` J- '3 Fi- t S S 2 S~ _ 2 3~ t fi 0 Y x., .i:~=~~ - l,~ a EV t SPRING HILL LN RR' I I t-Oli nttl .o ,.,3 1 .Y e. ,'v r.r,_x- - _~p'`• 71 5DD #8 SDD #24 Land Use low density residential medium density residential g open space park 09-20-2000 12:49PM FROM DR. JONES TO 19704792452 P.02 Mr. Brent Wilson, Being a part time Vail Resident and formerly a business owner, I feel compelled to write this letter in regards to the proposed ice rink bubble to be erected on the Vail Golf Course. Our immediate thought is of the beauty and natural settings that you have worked so hard to protect - why would you even think that a bubble in the midge of a golf course would be anything but distracting; certainly not fitting with the beautiful surroundings. We certainly are concerned that you would consider changing the zoning in this residential area without a lengthy hearing on both sides of the issue. The cost sounds astounding for a temporary cover plus the cost of removing it in the spring and then reinstalling it in the fall. This will most likely be an issue somedaywhich may cause there to be a permanent structure in place - hence no driving range for the golf.course. There are far more people using the golf driving range than use the ice rink. You are asking the Vail taxpayers for a large amount of money that will be used primarily by people that don't live in Vail. Why not build this structure near the people using it - such as Eagle Vail or Avon? I~L My wife and I are very concerned about this issue and are in hopes you will vote no to the rezoning and approval of this unsightly structure. With best regards, Bradley H. Jones, D.D.S., M.S. cc; Planning & Environmental Commission Chairman - Mr. Russel. Forrest Chairman of the Design Review Board Vail Daily TOTAL P.02 09/15/2000 09:49 8164217273 WALKER'S FOOD PROD.C PAGE 02 SEr i r ABER 14, 2000 MAYOR LUDWIG KURTZ TOWN OF VAIL 4 MUNICIPAL BUILDING 1 75 FRONTAGE ROAD VAR, CO 81657 DEAtt MAYOR _ AS A PR,,i eATY OWNER I EXPRESSED MY ter r uSITION IN WRITING AUGUST 25th TO THE PROPOSED BUBBLE TO HOUSE A NEW ICE RINK ADJACENT TO THE VAIL GOLF COURSE CLUBHOUSE. MY MAIN OBJECTION WAS, AND CONTINUES TO BE THAT A" BUBBLE " WOULD BE UNSIGHTLY AND HAVE A NEGATIVE IMPACT ON THE IMMEDIATE GOLF COURSE AREA RESIDENTS AS WELL AS CREATE A VERY PROMINENT EYESORE VISIBLE TO BOTH VISITORS AND OTHER RESIDENTS OF VAIL. HOWEVER, ON A TRIP TO VAIL SEPTEMBER 12th TO FIRSTHAND BECOME MORE FAMILIAR WITH THE PROPOSAL MY CONCERNS WERE HEIGHTENED AND BECAME BROADER. I WANT TO.SHARE THESE ADDITIONAL CONCERNS WITH YOU AND TIRE TOWN COUNCIL. BUT FIRST, AS A FORMER HOCKEY PLAYER AND WHOSE SON PARTICIPATED IN SEVERAL MARK JOHNSON'S HOCKEY CLINICS AT w ut.SON ARENA I AM NOT ANTI HOCKEY NOR ARE ANY OF MY FRIENDS AND NEIGHBORS WHO HAVE HARMONIOUSLY LIVED WITH THE EXISTING UNCOVERED RINK FOR SEVERAL YEARS. HOWEVER, WE UNANIMOUSLY OBJIrCT TO THE CONSTRUCTION OF AN UNSIGHTLY AND EXPENSIVE BUBBLE THAT WILL SOON BECOME AN UGLY 5710,000 WHITE ELEPHANT. I OBJECT TO THE TOWN COUNCIL'S"lNrvr AAL" APPR ATION AND SPENDING OF $770,000 OF VAIL TAXPAYERS MONEY FOR A "FAST TRAM PROPOSAL THAT: BREACHES EXISTING ZONING REGULATIONS AND THEREFORE REQUIRES AN UNDESIRABLE ZONING CHANGE THAT ALMOST CERTAINLY WILL FORCE THE ADJACENT RESIDENTIAL PROPERTY OWNERS TO LEGALLY CONTEST. CLEARLY AND OUTRAGEOUSLY VIOLATES THE DESIGN GUIDELINES ESTABLISHED BY THE DESIGN REVIEW BOARD AS IT PROPOSES A STRUCTURE NOT IN HARMONY WITH ITS NATURAL SURROUNDINGS AND WOULD BE SUBSTANDARD TO VAIL'S ESTABLISHED RIGOROUS BUILDING REQUIREMENTS. i HAS NOT BEEN SUBJECTED TO A PLANNING AND ENVIRONMENTAL COMMISSION REVIEW WHERE IT MOST LIKELY WILL VIOLATE PERMISSIBLE NOISE LEVELS BECAUSE OF THE BLOWER REQUIRED TO SUPPORT THE BUBBLE SPENAS S770,0000F VAIL TAXPAYERS MONEY ON A SECOND (TEMPORARY PRACTICE) VAIL HOCKEY RINK FOR THE BENEFIT OF ONLY A FEW VAIL RF-F,wclm WHILE THE MAIN BENEFICIARIES OF THE RINK LIVE AND PAY TAXES DOWN VALLEY i FAILS TO REQUEST THE DOWN VALLEY NON VAIL PROPONENTS AND USERS OF THE PROPOSED RINK TO SHARE IN THE CONSTRUCTION EXPENSE OF A SECOND ICE FACILITY IN VAIL 09%15/1b00 09:49 8164217273 WALKER'S FOOD PROD.C PAGE 03 DOESN'T SATISFACTORILY EXPLAIN WHY THE PROPOSED `°TEh,j ; jo ARY" PRACTICE RINK IS NOT BEING LOCATED AT EDWARDS, EAGLE OR AVON WHERE IT WOULD BE MORE CONVENIENT TO MOST OF THE PLAYERS AND THEIR FAMILIES? OVERLOOKS A VERY INEXPENSIVE ALTERNA'TMXO THE $ 770.000 BUBBLE BY SIMPLY COVERING THE ICE WITH A TARP WHEN NOT IN USE AS THEY DO AT THE BEAVER CREEK RINK AND MOST OTHER RINKS CONSTRUt. i ,emu FOR PRACTICE THAT DO NOT REQUIRE SPECTATOR AMENA i wS i IGNORED THE PR-,.r ari SEQUENCING PROCESS THAT THE CITY HAS LEGAL AND FIDUCIARY OBLIGATIONS TO ENFORCE TO PROTECT INTERESTED AND AFFE%~ r u PARTIES WHEN A PROJECT IS PRESENTED TO THE TOWN COUNCIL. I FINALLY, I AND SEVERAL OTHER VAIL PROPERTIES AND BUSINESS OWNERS I SPOKE WITH VIEW THIS `'BUBBLE" ISSUE AS ANOTWR BREACH OF OUR TRUST BY THE TOWN. IT IS FURTHER EVIDENCE OF THE APPARENT DISTAIN THE COUNCIL AND SOME OTHER VAIL DEPARTMENTS HAVE FOR THE VAIL TAX PAYERS AND BUSINESS LEADERS WHO HAVE BEEN INSTRUMENTAL IN MAKING VAIL A SUCCESS. THE EROSION OF CONFIDENCE INCREASES IN EVERY INSTANCE WHERE THE TOWN COUNCIL AND THE TOWN DEPARTMENTS CHANGE OR CIRCUMVENT THE RULES THEY ESTABLISHED AND FAIL AS A RELIABLE AND TRUSTWORTHY CARETAKER OF LOCAL TAXPAYERS INTERESTS IF THIS BELLIGERENT BEHAVIOR CONTINUES THE TOWN OF VAIL WILL FIND IT DIFFICULT TO ATTRACT OR RETAIN INDIVIDUALS AND BUSINESSES WILLING TO INVEST AND SLr'r UoT THE TOWN AND THE EXODUS DOWN EY WILL INTENSIFY. i S LY- ROBERT BOYCE CC. 'GOWN COUNCIL VAIL DAILY VAIL TRAIL LEONARD W. BUSSE 1720 SUNBURST DRIVE #4 VAIL, COLORADO 81667 TEL: (970) 476-0379 FAX: (970) 476- 6986 E-MAIL: busse@colorado.net August 24, 2000 Mayor Ludwig Kurtz Town of Vail Municipal Building 75 Frontage Road Vail, CO 81657 Dear Mayor: I am the President of Vail Golfcourse Townhomes, Phase I, which consist of 15 town homes on Sunburst Drive adjacent to the golf course. After reading the article "Vail Town Council approves $770,000 for indoor ice facility", I have been instructed by our Board to raise a strong objection to this bubble being installed at the Vail Golf Course driving range. This unsightly large bubble would directly impact our 15 town homes that are valued at close to $1 million each. This bubble would (1) reduce the value of our neighborhood real estate, (2) create a parking hazard for emergency vehicles if cars park on the street already narrowed by piled snow since the golf course parking lot has limited parking in the winter due to Steve Jones sleigh rides, parking for the Nordic Center, day skiers and piled snow, (3) create a negative environmental impact in our neighborhood because of the size of the bubble, the light at night, the noise of equipment, and the traffic. Our neighborhood does not need a zone change from "outdoor recreation" to "general use°. If there must be a $770,000 bubble, which I doubt as a taxpayer to begin with, place it out on the ball fields. Our neighborhood has an appropriate size outdoor skating rink next to the Golf Club, which already suits our recreational purposes. Vail Golfcourse Townhomes Association request the Town Council reject the bubble at the Vail Golf Course driving range. Sincerely Leonard W. Busse President, Golfcourse Townhomes Association Copies: Sybill Navas Chuck Ogilby Greg Hall Vail Daily Kevin Foley Greg Moffet Piet Pieters Daily Trail Rod Slifer Russell Forrest Brent Wilson Diana Donovan Bob McLaurin Vail Management Company James E. & Mary A. Buncher 1730 Golf Lane, #76 Vail, CO 81657 August 24, 2000 To the Vail Town Council Re: Bubble Covering of Ice Rink at the Vail Golf Course. As a twelve year property owner and taxpayer in Vail, and as President of the Vail Golf Course Townhomes Association, Phase IV, I am writing to express my strong opposition to the proposed indoor ice rink at the Vail Golf Course driving range. I am opposed to this for several reasons as outlined below: • The golf course area is already highly congested during the winter months. The golf course parking lot contains the base for sleigh rides for our visitors, which limits the space available. The golf course is used for cross-country skiing. Downhill skiers use the parking lot and take the free bus to the slopes providing some relief for the village parking problem. If the rink were heavily used at times, parking will be required on the street, a dangerous situation that would impede the access for emergency vehicles. In addition, street parking will inhibit proper snow removal and further compound the problems. It is known that this is already a congested area, that is why there is a 15 MPH speed limit on Sunburst. Don't add to this congestion when there are better alternatives available. • Such temporary structures are unsightly and not in keeping with the neighborhood. It will adversely impact real estate values in this area. Think about how much nicer it looks now that the one that was on the North Frontage Road is gone. The visual impact at night will be especially bad and makes Vail look cheap and uninviting. Do we want to look like Copper Mountain? These structures are just plain ugly. • Has an environmental impact study been done? Most communities worry about the environment. This type of structure and adding to the congestion in an already congested area cannot be good for the environment. • Is there really a demonstrated need? We have Dobson Arena, a second indoor rink is included in the proposed Lionshead plan. Has a Needs Analysis been done to determine if a third indoor rink is really needed before we spend 11% of the budget to satisfy a small special interest group's request. Junior Hockey is certainly a fine program, but do we need to spend $770,000 in support of such a limited group with a second indoor facility already planned for Lionshead? Visitors to our community, our economic life-blood, come in the winter for outdoor activities. Where will they have outdoor ice skating? They can skate indoors at shopping malls in the communities from which they come. We need to provide a natural outdoor rink as we have in the past. • Has there been a public hearing on the necessary zoning change? As a property owner and taxpayer in the area, I have not received any notice of a hearing for a change in zoning that will adversely impact all property values in the area. I think it inappropriate to make such a zoning change without an open scheduled public hearing, with adequate notice to all property owners who will be impacted. • Ford Park is a much more logical location if there is a demonstrated need for a third indoor facility. It doesn't have the congestion, it has more winter parking space available, it will have less environmental impact, it is more convenient to guests in village hotels and in the spring, it will not cause a delay in the opening of Vail's only golf driving range. There is more than one baseball field but only one golf practice range. There should be no action taken by the Vail Town Council at the September 5, 2000 meeting other than to send consideration of this expenditure back to the Planning Commission for proper study and consideration of alternatives. We haven't done our homework relative to the need, environmental impact, zoning change impact on the neighborhood, congestion to be created or a proper evaluation of the alternatives and the need to retain an outdoor natural facility for use by our visitors who support our economy. If we continue this type of thinking of ourselves first, and our visitors second, we will become a second rate destination for winter activities. Lastly, I note that the structure is to be erected and removed by the hockey association members. I assume the Council has considered the issue of liability when one of the association members is severely injured erecting or removing the structure. And 'I hope you have also considered the cost when there isn't enough interest or support from the hockey association to get the structure up or down in a timely manner. James E. Buncher Z%%'W CHELLE B. LA?AgtTJS GEORGE M. LAZARUS, M.D. 1720 SUNBURST DRIVE #2 VAIL CO 81657 E-MAIL: GEORGELAZARUS@AOL.COM September 1, 2000 Mayor Ludwig Kurtz Town of Vail Municipal Building 75 Frontage Road Vail Co 81657 Dear Mr. Mayor: As owners of one of the Golf Course Townhomes, we strongly object to the proposed zone change affecting our neighborhood, and also to the proposed indoor ice facility at the Vail Golf Course. The Vail Golf Course neighborhood is quiet, residential, and beautiful. The recreation path runs right through it, and we are properly zoned for "outdoor recreation." This designation protects the character of the neighborhood, and it is the peace and quiet of the Golf Course that attracted us as homebuyers in the first place. The proposed bubble structure will be an eyesore. It will cause traffic and parking congestion in an area that is already unable to handle the traffic and parking associated with the Nordic Center and the Clubhouse. Last winter there were numerous times when the Golf Course bus could not get through on Sunburst Drive because of cars and piled snow. We already have an outdoor skating rink next to the Golf Club, and, of course, there is the Dobson Arena. We don't understand the need for this bubble, but if it is to be built, we agree with Leonard Busse's suggestion that it be placed at the ball fields. This location is much easier to access from larger roads than Sunburst Drive, and if the bubble were placed there it would not impact a quiet residential area. We urge you not to build this indoor ice facility at the Golf Course. Ver truly yours, Rochelle B. czar s 4/eortag! M. Lazarus, M. D. CC: Sybill Navas Chuck Ogilby Greg Hall Kevin Foley Greg Moffet Piet Pieters Rod Slifer Russell Forrest Brent Wilson, Diana Donovan Bob McLaurin Vail Management Company Vail Daily Daily Trail ROBERT A. 60YCE AUGUST 25, 2000 MAYOR LUDWIG KURTZ TOWN OF VAIL MUNICIPAL BUILDING 75 FRONTAGE ROAD VAIL, CO 81657 DEAR MAYOR KURTZ: I WISH TO EXPRESS MY OPPOSITION TO THE PROPOSED CONSTRUCTION OF A "BUBBLE" ON THE VAIL GOLF COURSE PARKING LOT TO HOUSE ANOTHER INDOOR ICE FACILITY. THE PROPOSED LOCATION WOULD CREATE A TRAFFIC PROBLEM FOR VAIL GOLF COURSE TOWN HOME PROPERTY OWNERS AND MORE IMPORTANTLY BE A VERY VISIBLE EYESORE THAT WOULD COMPROMISE THE ESTHETICS OF THE GOLF COURSE AND THE ADJACENT NEIGHBORHOOD. ONE ONLY NEEDS TO DRIVE PAST THE "BUBBLE" AT COPPER MOUNTAIN THAT IS THE BUTT OF MANY JOKES TO UNDERSTAND WHAT A SORRY MESSAGE THIS PROPOSED "BUBBLE" EYESORE WOULD SEND TO BOTH WINTER AND SUMMER TOURISTS. IF A BUBBLE MUST BE CONSTRUCTED IT WOULD. SEEM PRUDENT TO LOCATE IT WHERE IT WOULD HAVE LITTLE OR NO NEGATIVE IMPACT ON THE IMMEDIATE AREA. CERTAINLY NOT LOCATE IT NEXT TO EXPENSIVE PERSONAL RESIDENCES AND ADJACENT TO AN ATTRACTIVE GOLF COURSE WHERE IT WOULD BE VERY VISIBLE TO VISITORS AND EVEN PROSPECTIVE VISITORS FROM THE HIGHWAY. AS A PROPERTY OWNER IN VAIL FOR OVER THIRTY YEARS I HAD ALWAYS BEEN COMFORTABLE IN MAINTAINING A SUBSTANTIAL INVESTMENT IN THE AREA. I BELIEVED THAT THE TOWN COUNCILS WOULD CONTINUE TO MAKE FORESIGHTED DECISIONS TO PROTECT VAIL PROPERTY OWNERS INVESTMENTS WHILE EXERCISING INTELLIGENT ENVIRONMENTAL MANAGEMENT TO EVERYONE'S BENEFIT. CONTRARILY, THIS PROPOSED REZONING TO CONSTRUCT AN EYE SORE WOULD BENEFIT RELATIVELY FEW AT THE EXPENSE OF MANY PROPERTY OWNERS AND COMPROMISE THE ESTHETICS OF ONE OF VAIL'S MOST VISIBLE ASSETS, THE GOLF COURSE. PLEASE GIVE THIS PROPOSAL MORE THOUGHT! ROBERT AND A(N BOYC OWNERS, UNIT #3 VAIL GOLF COURSE T HOMES COPIES: VAIL TOWN COUNCIL SOS EAST 12TH AVENUE • NORTH KANSAS CITY, MISSOURI 64116, (616) 472-8121 • FAX (816) 421-7273. (800) 725-2372 EMAIL: SALADS2[IAOLCDM SEP-05-00 TUE 05:46 PM MARKWEST HYDROCARBON INC FAX NO, 3032908769 P. 01 September 5, 2000 BY FACSIMILIE Vail Town Council Re: Construction of Seasonal.Hockey Rink, Vail Golf Course Dear Vail Town Council: We are owners of Vail Golf Course Town Home 0, which is located across the street from the Vail Golf Course Driving Range. We oppose the construction of a covered sheet of ice at the Golf Course Driving Range for two principal reasons. However, let us hasten to ad&that we would not oppose the construction of a covered ice rink at the Vail ballfields or even the soccer fields, either of which would be a far better location than the Vail Golf Course. First, the open-air ice rink at the Golf Course is an incredible asset of the Vail Valley! We, like many people, think of skating as an outdoor activity. If the ice sheet is uneven at times because of weather variability, well, that's just part of outdoor skating. Just because some skaters -mostly those participating in group activities-- would prefer to have "perfect" ice does not mean that the Town Council should favor the int, .:.,,:s of them over those who enjoy skating outdoors. Second, the ballfields are the obvious location for a covered ice sheet The ballfields arc conveniently located (walking distance from the town and the parking structure), their location is well known, they are accessible from two directions via the frontage road, they have extensive parking of their own, and they are level. The assertion that a level 100 by. 200 foot area cannot be found at the ball fields is simply not believable, In any event, if some excavation must occur in either location (a notice of impending excavation has already been posted at the Golf Course, as if the decision to place the bubble there were a foregone conclusion), we simply do not believe that the cost difference is anything but negligible. After all, a ballfield needs to be constructe*on a level surface; a golf course doesn't. SEP-06-00 TUE 06:46 PM MARKWEST HYDROCARBON INC FAX NO. 3032908769 P. 02 While we have other concerns about locating the "bubble" at the Golf Course, we think that any reasoned analysis of the issue would lead the Council to conclude that the Golf Course is not the place to put it. S}iicerel Petc and Anne Mounsey 2 Page 1 of 1 Dear Sir: As an owner and week-end resident of Fallridge, which is across from the Vail Golf club house, we have enjoyed use of the ice rink over the past five years. Use of the ice rink has, in my view, supported weekend residents, including my family, and guests who don't ski or choose to take a day off. Dobson has been largely unavailable for these purposes (and we have checked schedules for public skating numerous times.) Our concern is that the "overflow" from Dobson would monopolize the rink, leaving little to no time for public skating. Additionally, we like the low-key, outdoor rink and are opposed to the bubble concept. Please contact us if you have any additional questions. Scott and Pat Perrin (303)277-9611 or (970)476-7290 ksperrin@home.com file://C:\WINDOWS\TEMP\GW} 00002.HTM 9/18/00 BERNIE AND STARR BONIFACE August 29, 2000 Vail Town Council Re: Project for. Bubble Covered Ice Rink As an eleven-year resident of Sunburst Drive, I am appauled'at the posibility of a bubble inclosure for an ice rink. Vail golf course area has enough projects to take care of such as skiers parking, Nordic track skiing, and Steve Jones sleigh rides. I was thankful when the bubble on Frontage Road came tumbling down, it was a terrible sight and personally, I felt Vail Valley deserves better. During the winter months, the golf course parking lot is very limited in space, school buses and town buses sometime have a hard time in the turnaround area. I am in high hopes that the town council will take in to consideration the adverse impact on property value this structure will have on our neighborhood. If it were up to me we would not consider another indoor rink and spend the large amount alotted for this on a more worthwhile project. I am in hopes that all adverse input will be taken in consideration. We are very proud of our street and will do what it takes to protect our neighborhood and future on Sunburst Drive. Starr Boniface I. i 6~ AO-If ao 744 e,4wr-70~ LAW OFFICES DUNN, ABPLANALP & MAURIELLO, P.C. A PROFESSIONAL CORPORATION JOHN W. DUNN WESTSTAR BANK BUILDING TELEPHONE: ARTHUR A. ABPLANALP, JR. 108 SOUTH FRONTAGE ROAD WEST (970) 476-0300 DIANE H. MAURIELLO SUITE 300 FACSIMILE: INGA HAAGENSON CAUSEY (970) 476-4765 VAIL, COLORADO 81657 - OF COUNSEL: hl9hcountrylaw.com JERRY W. HANNAH C e-mail: vaillaw@vail.net 2J September 2000 CERTIFIED LEGAL ASSISTANTS G KAREN M. DUNN, CLAS JANICE K. SCOFIELD, CLA Planning and Environmental Commission Town of Vail Vail, Colorado Re: Rezoning, Conditional Use Permit, and Amendment of Development Plan Proposed Hockey Bubble on Vail Golf Course Members of the Commission: This Firm has been engaged by the Vail Golf Course Townhomes Phase I Association (fifteen condominium units overlooking the Vail Golf Course driving range) and the Vail Golf Course Townhomes Phase IV Association (sixteen condominium units overlooking the Vail Golf Course driving range) in connection with the proposal before the Town of Vail to change the zoning of and construct a thirty-six- foot high bubble for a seasonal hockey rink on a portion of the Vail Golf Course now used as a golf driving range. I have also been authorized by the Vail Golf Course Townhomes Association Phase II (eleven condominium units similarly situated) and the Vail Golf Course Townhomes Association Phase III (another thirty-four condominium units similarly situated) to advise the Commission that these Associations have joined in the opposition voiced by the other two associations. The positions expressed in this letter are, therefore, presented on behalf of the owners of seventy-six properties in the neighborhood. Our clients, as well as many other residents and property, owners in the neighborhood, object to the rezoning, to the proposed conditional use permit and any change in the development plan for the Vail Golf Course. The more specific reasons for our clients, objections are as follows: The Zone District Amendment Issue: Substantive Objections: 1. The proposed zone change is unjustified by any legitimate measure under which a zone change is to be considered. 1 a. It is inconsistent with the desires of the residents and property owners in the neighborhood, who are virtually unanimous, if not unanimous, in their opposition. b. It is not necessitated or prompted by growth, but rather by the need for an interim solution for an enclosed hockey arena. C. It would destroy one of the signature winter views in the Vail area, that of the Gore Range over the golf course. d. It would permit uses which conflict with and disturb existing uses on adjacent properties. e. It would create hazards to public safety with regard to traffic congestion and fire/safety access under winter conditions. 2. According to the Vail Municipal Code - "The General Use District is intended to insure that public buildings and grounds and certain tvDes of quasi Dublic uses permitted in the District are aDDroDriately located and desi5med to meet the needs of the 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." (Emphasis added.) Vail Municipal Code, Section 12-9C-1 As has been and will be demonstrated by the letters and voices of residents of the area, the proposed structure neither meets the needs of residents nor harmonizes with surrounding uses. It would be nothing more or less than a beached whale lying at the base of the Gore Range. 3. The suggestion that an inflated structure of this nature should be located in an open space area, within one of the most popular views from Vail, is historically inconsistent with the Town's position relating to such structures. The Town fought for years to be rid of the tennis bubble at the Vail Run complex, which is a mixed commercial residential area. Now, with the recent demise of the Vail Run structure behind it, the Town appears to be seriously considering the installation of a similar but larger structure at a location which is less prepared for the impact of its installation and use, and having a dramatically greater 2 impact on the initial impression of virtually every visitor to Vail approaching from the east. 4. At one time in the past, the Vail Recreation District expressed a desire to add an additional story to the golf course clubhouse, and a rezoning to the General Use Zone District was proposed for the clubhouse at that time. This proposal met with strenuous objections from the neighborhood, similar to that which is now before the Town. Although there is an inadequate description available to determine whether the golf course clubhouse is included in this proposal, it appears likely that this is the case. This rezoning proposal would, therefore, permit development of a site in a manner which has, in the past, met with objections from the neighborhood and which has had no analysis whatsoever under this process. Legal Objections: 1. The Municipal Code authorizes zone changes only in situations (a) where there has been a change in conditions or (b) where the change is consistent with the comprehensive plan or (c) where there has been an error in the prior zoning. a. There has been no change in conditions. The proposed change in zoning is simply a reaction to the need for a location for an indoor hockey arena on an interim basis, until a permanent facility is available. A change in zoning would violate the comprehensive plan, which provides as follows: "The Town may wish to consider initiating select rezonings, when the community interests would be met through brinzinq areas into conformance with the elan. "Where conflicts arise between existing zoning and proposed land use categories (and changes have not been made in the development of the implementation measures described herein) existing zoning shall control. When new applications for zoning or rezoning are made and the requested zoning is not consistent with the adopted Plan, this nonconformance shall be addressed by the applicant. it will be the responsibility of the applicant to clearly demonstrate how conditions have changed since the Plan was ado-pted, how the Plan is in error,, or how the addition, deletion or change to the Plan is in concert with the Plan in general." (Emphasis added.) Vail Land Use Plan, Chapter VIII, Section 2.D. 3 b. The change is inconsistent with the comprehensive plan's direction regarding the Vail Golf Course, which indicates specifically as follows: "The Vail Golf Course comprises just over 94 acres of land along Gore Creek in the east-central part of the community. A portion of the golf course winds through a residential area along Vail Valley Drive. No change is anticipated in the function and extent of the area.,, (Emphasis added.) Vail Land Use Plan, Chapter VII, Section 1. C. There has been no error in the identification of the area as Outdoor Recreation. It has been historically used in that manner, the Land Use Plan indicates that no change is to occur in its use, and, were it not for the immediate need for an interim hockey arena, there would be no pressure, need or justification for the proposed change in zoning either on the basis of growth or any other legitimate stimulus. 2. The Applicants justify the change on limited grounds. Neither of those grounds are either consistent with the Municipal Code or the justification for changes in zoning under the Land Use Code. The justifications, and their shortcomings, are as follows: a. The Applicants attempt to justify the proposed zone change because the golf course buildings are non-conforming and, under the General Zone District, they can be legitimized as conditional uses. The Applicant is in error. The existing buildings may be non-conforming uses, but they can be legitimized as conditional uses under the current Outdoor Recreation Zone District, just as they could under the General Use Zone District. Specifically, the current regulations permit the following conditional uses in the Outdoor Recreation District: "Accessory buildings (permanent and temporary) and uses customarily incidental and accessory to permitted or conditional outdoor recreation uses, and necessary for the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses." Vail Municipal Code, Section 12-8B-3 4 b. The Applicants attempt to justify the proposed zone change based upon the fact that an outdoor ice facility has been operated on the site. That is not contested, but neither is it related to the question of rezoning. The outdoor ice facility can continue without rezoning any area, whether identified in the application or not. C. The Applicants argue that the rezoning would provide for the growth of an orderly viable community, but this proposal has no relationship to that question. The applicants assert that this is to be only a temporary facility which cannot be installed and operated without a zone district amendment,- yet they attempt to create, a permanent zone district amendment. This proposal has nothing to do with growth, but is prompted only for the need to create a bridge solution pending construction of a permanent facility. d. The applicants argue that the proposed zone district amendment is consistent with the Land Use Plan. That is in error. As noted above, the Land Use Plan indicates that there is to be no change in the use of the golf course area. Procedural Objection: The Vail Municipal Code imposes the following requirements with reference to an application for a zone district amendment: "A petition for amendment of the regulations or a change in district boundaries shall be filed on a form to be prescribed by the Administrator. The petition shall include a summary of the proposed revision of the regulations or a comDlete description of proposed changes in district boundaries and a man indicatine the existing boundaries and Proposed district boundaries." (Emphasis added. Vail Municipal Code, Section 12-3-7.B.) The application indicates that "the proposed zoning district amendment encompasses the Golf Course Clubhouse, the Driving Range and the Starter Shack location." Application, Section 1.0. The application contains no legal description, or even an identifiable map, of the area whose rezoning is proposed. This is required by the Vail Municipal Code. Without that information, concerned citizens may not identify the area to be affected and the Town cannot determine whether a rezoning can occur. The scope of the one- 5 sentence commentary in the application extends far beyond the proposed hockey arena and is inconsistent with the maps submitted in association with the application. The Conditional Permit and Development Plan Issue: Substantive Objections: 1. Each of the issues identified as Substantive Objections to the Zone District Amendment also constitutes an objection to the Conditional Use Permit. 2. According to the Vail Municipal Code, "Uses listed as conditional uses in the various districts maybe permitted subject to such conditions and limitations as the Town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied." Vail Municipal Code, Section 12-16-1. The impacts upon the neighborhood and its residents, and the multiple violations of the Land Use Plan and the Municipal Code, cannot be eliminated or mitigated consistent with the installation, in an outdoor recreation area, of a one-hundred twenty-five foot long, three-to-four story high, mechanically operated whale. 3. The Application and associated analysis is inaccurate with respect to the impact of the proposal on the neighborhood and its residents. For example: a. The commentary offered in support of the application (Section 4.2 of the commentary) makes the following incorrect statements: 1. That the use can be located at the proposed site "with little or no impact on the immediate neighborhood," and that [t]he proposal to cover and refrigerate the skating surface should have no additional effect upon the [Town's] criteria." (Sections 4.2.1. and 4.2.1 of the application commentary) The residents of the neighborhood, who have had activities related to an open hockey 6 facility against which to measure any prospective impact, have and will demonstrate that the impact of the proposed facility is significant, objectionable, and intolerable. 2. That the existing traffic circulation system and parking lot "are capable of handling the traffic with no increase to congestion or negative impacts to safety and traffic flow," (Section 4.2.3 of the commentary), when no information has been identified or offered identifying the impact of winter condition and uses on traffic circulation and parking surface availability. The applicant's analysis fails to correctly deal with parking issues, and assumes that the area available during the winter is consistent with that available during the summer, when, in fact, parking is limited by use of a significant part of the parking lot by sleigh-ride operations and accommodations for horses, by day-skiers using the local buses, and by snow storage. 3. That the proposed location "should minimize any negative visual considerations from residential properties in the vicinity" (Section 4.2.4 of the commentary), when the applicants have failed to even provide elevations, plans, or photographic renderings by which the Town may review or analyze the impact of the proposed facility. Concerns related to staff analysis: 1. The staff indicates that the conditional use permit is.necessary both for the hockey facility and for the maintenance of the existing use of the golf course driving range during the summer and fall months. The former statement is correct, but the latter is not. The driving range is a permitted use in the Outdoor Recreation Zone District. Although the argument may be made that the buildings might require a special use permit, those probably were historically permitted under zoning in effect at the time of construction, and, at worse, they are non-conforming structures. Their continued maintenance requires no action whatsoever. 2. The staff believes that the proposal is consistent with intended recreational uses identified for the site. The Land Use Plan indicates that no changes are to occur in the uses of the golf course, which contradicts the staffs position. 7 3. The problems with traffic and parking have been discussed above. Although it is the staff s position that traffic and parking issues have been satisfied, that conclusion is based upon analyses related to summer conditions inconsistent with past and current uses of the golf course parking lot and traffic circulation patterns in the area. 4. The staff believes that the structure is not subject to scale and bulk control standards. However, the impact of a mechanically inflated beached whale on the residents of the area cannot even be analyzed without compliance with the Town's requirements-for an application for a conditional use permit related to elevation and plans. Although it should be evident that the impact of an operation of this size cannot be established without intolerable impact to the neighborhood, certain the contrary conclusion cannot be drawn without adequate information to consider the issue. 5. The noise analysis is limited to the operation of the chiller, which is rated at approximately 60% higher level than that permitted in a residential area, and does not take into consideration the fact that this noise level cannot be considered in isolation, but must be considered in association, and as an increase in the noise generated by the hockey activities. Procedural Objections: 1. The application for a conditional use permit was and is premature, and any action approving the permit would violate the Vail Municipal Code. An application cannot be approved unless the underlying zone district permits the use which is the subject of the application. In order to approve an application for condition use permit, the Planning and Environmental Commission must make the following findings: "1. That the proposed location of the use is in accordance with the purposes of this Title 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 will not be detrimental to the public health, safety, or welfare, or materially injurious to DrODerties or improvements in the vicinitv." (Emphasis added) Vail Municipal Code, Section 12-16-6(B). 8 At this time, there can be no finding which satisfies the requirements of #1 above, because the location is and will be in the Outdoor Recreation District unless and until the location (whatever that location may be) is changed to the General Use Zone District by the Town Council, and that action becomes final. The letters and voices of the residents and property owners in the area will better establish that the requirement of #2 cannot be satisfied than can be done through this commentary. 2. The application fails to satisfy the requirements of the Vail Municipal Code, which requires the following: 1. A site plan showing proposed development of the site, including parking, traffic circulation . Vail Municipal Code, Section 12-16-2.D. The material supplied in association with the proposal indicates the summer parking situation, but it does not accurately depict winter parking, when the golf course parking lot is significantly occupied by sleighing operations and accommodations for horses, by day-skiers using the local buses, and snow storage, nor does it deal at all with traffic circulation. 2. Preliminary building plans and elevations sufficient to indicate the dimensions, general appearance, scale, and interior plan of all buildings. Vail Municipal Code, Section 12-16-2.E. The material supplied in association with the application fails to provide any building plans or elevations whatsoever. S ummarv: The various applications before the Town of Vail require denial for both substantive and legal reasons, but there can be little question that they require denial. The conflicts of the proposals with the Municipal Code and with the Land Use Plan, their violations and omissions related to the submittal requirements in order to appropriately advise the Commission, the Town Council and the public regarding the and the impact of the proposals, and the violations of the Municipal Code with reference to order of consideration each warrant rejection of the application filed with the Town. 9 While it may be within the discretion of the Town to spend three-quarters of a million dollars on the prop osed'facility, it is the Town's duty to be certain that such funds are spent in a manner which protects the rights of its residents and property owners. The residents and property owners of the golf course neighborhood expect and deserve the Town's recognition and protection of those rights. Respectfully, NN, ABP ALP & MA ELLO lan2, Jr. Arthur A. AbP P xc: Vail Golf Course Townhomes Association, Phase I Vail Golf Course Townhomes Association, Phase IV Vail Golf Course Townhomes Association, Phase II Vail Golf Course Townhomes Association, Phase III 10 LAW OFFICES DUNN,-ABPLANALP & MAURIELLO, P.C. A PROFESSIONAL CORPORATION JOHN W. DUNN WESTSTAR BANK'BUILOING TELEPHONE: ARTHUR A. AEIPLANALP, JR. 108 SOUTH FRONTAGE ROAD WEST (970) 476-0300 DIANE H. MAURIELLO IN SUITE 300 FACSIMILE: GA HAAGENSON CAUSEY (970) 4 LE 5 76-476 VAIL, COLORADO 81657 - OF COUNSEL: highcoUntrylaw.com JERRY W. HANNAH e-mail: Vaillaw@Vall.net MEMORANDUM CERTIFIED LEGAL ASSISTANTS KAREN M. DUNN, CLAS JANICE K. SCOFIELD, CLA To: Town of Vail Planning and Environmental Commission From: Art Abplanalp Subject: Proposal for Rezoning and Conditional Use Permit - Hockey Bubble Date: 25 September 2000 The Planning and Environmental Commission has been provided with a number of letters from concerned residents and property owners who would be adversely affected by the rezoning and conditional use permit which are proposed in association with a possible Hockey arena, under an inflated bubble, on the Vail Golf Course driving range. Not all letters sent to the Town of Vail were provided to the Commission in association with its packet for the meeting of this date. The letters provided to the Commission and, where available, the dates of those letters, are as follows: Jones undated . Boyce 14 Sept Busse 24 Aug Buncher, J 24 Aug Lazarus 01 Sep Boyce 25 Aug Mounsey 05 Sep Perrin 18 Sep The following letters were apparently not available to the Town Staff and, therefore, were not delivered to PEC, although they were previously sent to the Town: Klein 21 Sep Buncher, M 14 Sep Ladd 25 Aug Hunt 31 Aug Blumetti 29 Aug The latter letters are provided under cover of this memorandum. 970 476 .6986 P.1 3e,p 23 00 05:59p Leonard U. Busse P Sep-22-00 11:30A .02 JAMES A. A DOROTHY V. KLEIN ' VAIL GOLF COURSE.TOWNHOME #7 .1710 SUNBURST DRIVE VAIL, CO. 81657 September 21, 2000 Mayor Ludwig Kurtz Town Council Planning and Environmental Commission, Town of Vail Dear Mayor Kurtz, Town Council and Planning 81: Environmental Commission, We live at 1710 Sunburst Drive #7, which is directly across.the street f om the Vail Golf Course clubhouse and the new proposed bubble hockey rink. We cannot believe the Town would approy this type of a s ructura iT, such s quiet residential neighborhood considering the many safety hazards it pmposes.. Firstly, the traffic impact alone would be. impossible most of the day and, night. As it is, the steep curve on Sunburst Drive is very dangerous. Cars do not slow down around the curve and on several occasions family members have had to move quickly out of the way to avoid being hit. Since we regularly have grandchildren visiting, this issue is of major concern. Secondly, the existing parking lot at the Golf Club is usually crowded with people using the bus transportation into town. Many cars arc already parking along both sides.of Sunburst Drive making it difficult for residents to negotiate the road and accoss your driveways: What will happen to this roadway with the increase of people corn ing in and out of the hockey rink? i Finally, on a more scenic note, we have been to other areas where this type of bubble structure has been erected and the light pollution and noise from the blowers is intolerable. This would be extremely disturbing to us and our residential neighbors who would be looking directly at it and listening to the noise from this buddle twenty-four hours a day. i We chose to call the Golf Course Townhouse home because it is a peaceful, scenic, residential neighborhood and a we would like it to remain this way. A structure such as this does not belong in this neighborhood. Instead we propose that it be erected on one of the many ball fields and/or soccer fields in tho Ford Park Area or Down Valley, where most of the users are coming from. This would eliminate the traffic, parking, noise and lighting issues and the zoning change would not be necessary. Ple sc reconsider contaminating our neighborhood. Aincerely, James & Dorothy Kiei6/1) cc: Vail Daily Vail Trail Sep 23 00 05:59p Leonard W. Busse 970 476 6986 09/14/00 THLI 09:23 FAX 760 773 4769 p~ 2 IWV Consulting 0002 - ; - .._~+%E'; lam.?-...~1~~ _ - Gib 0. 44 47 Sep 23 00 05:59p Leonard W. Busse 970 476 6986 p.3 ..09/14./00 THII 09:24 FAX 760 779 4769 IWV Consulting J Z003 -~O 0 -7- U .-Z7-~'d l Sep 23 00 06:00p Lednard'W.'Busse 970 476 6986 p•4 JERRY D. LADD August 25, 2000 J Mayor Ludwig Kurtz Town of Vail Municipal Building 75 Frontage Road Vail, CO 81657 Dear Mayor Kurtz: I am the owner of Vail Golfcourse Townhome #1, 1720 Sunburst Drive. My townhome is located immediately across from the Vail Golfcourse parking lot, clubhouse, and related facilities. I respectfully request that you consider the many adverse impacts that the installation of a bubble enclosure for the ice skating rink will have on the immediate neighborhood. As things presently stand, our neighborhood is relatively dark, peaceful, and quiet after dark. The bubble enclosure would significantly alter those favorable factors. It would throw off a great deal of light, with the possibility that it may operate from very early in the morning to very late at night. There would be a great deal of traffic noise, parking congestion, talking) shouting, and related noise occurring over those same hours. My own two sons grew up playing hockey at the Dcnver Country Club, an outdoor ice rink that is renown for its natural outdoor setting. When I visited Zermatt, Switzerland, a few years ago, I also enjoyed watching hockey at their outdoor ice rink. There is absolutely no reason that hockey-related activities cannot occur on an outdoor ice rink. I have read thai the Ford Park baseball fields were considered as an alternative site. I would also suggest the other playing field south of Ford Park, adjacent to the volleyball courts, as an additional possible altemative. Both of those sites have substantial available parking, and they ved from any negative impacts on adjoining residential neighborhoods.' *D' cc: Sybill Navas Chuck Ogilby Greg Hall J Vail Mgmt. Co Kevin Foley Greg Moffet Piet Pieters J Vail Daily Rod Slifer Russell Forrest Brent Wilson Daily Trail Diana Donovan Bob McLaurin Leonard Busse Sep 23 00 06:OOp Leonard W. Busse 970 476 6986 P.5 . RUMSEY & HUNT PROPERTIES nursday, August 31, 2000 Mayor Ludwig Kurtz Town of Vail Municipal Building 75 Frontage Road Vail, CO 81657 Dear Ludwig: I own one of the Vail Gotfcourse Townhomes located directly across from the driving range. It distresses me that the town of Vail is planning on erecting an enclosed ice skating rink on the driving range. We currently have to listen to the T=times'in the summer but are spared excess noise in the winter. It will be A large imposition during the winter to have the additional noise from the people and can using the racifity The mess and noise during construction and removal each year wdl also impact us. The additions! ligbtiog will also have a negative effect on our neighborhood. Having the additional large numbers of people this far from town will also add to the workload of the police department due to constant noise and parking violations. parking is frequently insufficient ror the cu.. ....t uses with the sleigh ride, Nordic Center Day siden, and snow piles. . It also concerns we as to what other uses might be allowed without ba ving to obtain city council approval by cbanging the zoning to "general use". In addition to every thing else, this change will undoubtedly lower our property values and adversely effect local tax income. Why would the city consider putting it on the golf when. the playing fields are much closer to town, have more adequate parking and require less grading? Please do not ap',?.,ve the requested zoning change for the ice arena. Sincerely, , . David R. Hunt, Sr. Partner Sep 23 00 06:00p Leonard W. Busse 970 476 6986 p.6 ANDREW BLUMETTI 1875-8 SUNBURST DRIVE VAIL, COLORADO 81657 970-476-7609 August 29, 2000 Mayor Ludwig Kurtz Town of Vail 75 S. Frontage Road Vail, CO 81657 RE: Seasonal Ice Rink Vail-Goff Course Dear Mr. Kurtz: Well, l suppose I can file this one under the "it figures" Category. As a resident of Vail, who lives on Sunburst Drive (a.k.a. "The Golf Course), I am writing to you to express my strong objection to the Proposed Indoor Ice Rink presently slated for the Golf Course this coming winter. My objection goes far beyond the obvious pitfalls that such an eyesore on the landscape will bring. And not too mention the increased traffic and congestion problems it will add to an already strained situation. No, my objection has to do with something more basic and pure than that. 1 am talking about another blow to this place of ever having any semblance of "small town charm." All 1 can say to that is "it fi cures". You are about to take something that has been in the works since last year an will now finish the job. And that is to destroy what used to be a great (and free) place to ice skate for everyone. It used to be a charming little neighborhood Ice Rink that many enjoyed (my wife and I included) and have turned it into a mini-Dobson with its exclusionary treatment for those with sticks and pucks. The demise began last year when, every time I would walk down to the rink, or look out my bedroom window, I was co,,vnted with an organized practice or game that closed tt a ice. to the. Public.. I always thought the purpose of a Public Ice Rink was 'so that it may be enjoyed by the Public as a whole and not just a select few who have paid a fee to join a League. I am not saying No to hockey per se, as much as I object to the fact that hockey seems to have taken over the rink. I miss the Days when it was a small rink where a Dad would come teach his kid to skate for the first time, or a "pick-up game" of hockey could get going. I miss the days when I would go into the Nordic Center and borrow a shovel, or even the snowblower (did that one time), to get a mornings' fresh snow off the ice before taking an early Saturday morning skate. It seems that the one thing that Vail had, which was truly a small town r Leonard W. Busse 970 476 6986 P•7 Sep 23 00 06:OOp . Mayor Kurtz Page 2 RE: Seasonal Ice Rink @ Vail Golf Course r August 29, 2000 trait, has blown up to a grotesque scale that would not seem right, even for a Big City. Some big cities stiff have small neighborhoods with more charm and warmth than Vail sometimes seems to possess. And don't even get me started on how unnecessary I feel the very thought of an indoor rink is in the first place` In.an.area that gets as cold as Vail does in the winter why would you even consider such a thing? When I was a kid growing up, my friends and I could not wait for it to get cold enough to skate outside, and believe me those chances were few and short lived. With the winters we have around here, how much extra time do you really think that building a "Bubble" is going to allow? From my vantage point, precariously perched above the Golf Course, there does not seem to be much down time between when the Golf Course closes and the rink is up and, conversely between when it is removed and work begins for the next Goff Season. Are $770,000.00 of Tax Payers money worth an extra two months of skating that the majority of the Public will not get to enjoy anyway? I say NO. I also think it rather humorous how, according to the Press, the/'OV views a Zoning Change as no big deal when it serves some "Special Interest Group° (albeit a "SIG" on a very small scale). Yet if some "poor sap" were to come in off the street with the same request for himself he'd probably be laughed out of "City Hall". I also wonder how far he would get without first having commissioned an Environmental Impact Study? But, I digress... I simply ask that the Town reconsider what you are about to do to this Citizens perception of "small town living" and DO NOT allow this behemoth to take over our Neighborhood. Make the Soccer Field work as an alternate site and allow the Golf Course to return to the way things used to be. My God, you are already pouring $770,000.00 into this mistake, a few more bucks to make the grades work in a location where no one will have to look at this atrocity is money well spent. "But Hey, that's just my Opinion..." Sincerely, Andrew Blumetti 1 cc: Mr. Tom McLaurin; TOV Town Manager Vail Daily (Letter's to the Editor) TOV Recreation District Mrs. Gretchen Busse East Vail Hockey Facility Photographs t a } - s WW. _ Y - G Peter Jamar Associates, Inc. September 2000 - ~ i f View from Sunburst approaching Clubhouse East Vail Hockey Facility Peter Jamar Associates, Inc. September 19 2000 let 14 F '.W [ y r V ~ f r 1 F ~y 4kc View from Parking Lot of Vail Golf Course Townhomes East Vail Hockey Facility Peter Jamar Associates, Inc. September 1, 2000 t _0 r ~ r s d - i gap" } = jar tf!~ ~ r _ - E 3 w • - • ~ ay~~~~ ,r, it t~s - _ w ~ - . ~ _ t d vt, . View from Golf Course Townhomes Entry East Vail Hockey Facility Peter Jamar Associates, Inc. September 1, 2000 ~ - rr s ~ T 1 ~ _ _ .v „ , Afro Ai IL v- "•t~ r= a tk 14, iq~ ut_ View from 18th Fairway looking Northwest East Vail Hockey Facility Peter Jamar Associates, Inc. September 1, 2000 • R~~ ~ q S 1 Epp g, .r ~ ~ ; ; s . .00 416- ~ Al j C. E jv; s' - r S • 4 4- L.4 W _A_ ELUL r r 4 , ti g ~ b~ • ~Y View from 18th Green looking North East Vail Hockey Facility Peter Jamar Associates, Inc. September 1, 2000 F - z I ~ • efi # .K IVA OF View from 18th Fairway looking West East Vail Hockey Facility Peter Jamar Associates, Inc. September 1, 2000 t i View from the Rough of the 18th Fairway East Vail Hockey Facility Peter Jamar Associates, Inc. September 1, 2000 f,~5 ro•a~• ba ~ 3 Donovan Community Park Facility . Vail, Colorado Community Pavilion Program & Square Foot Analysis: Type of space Area (sf) Comments Entrv 365 Lobby/Prefunction 750 I Multi-use space I 3000 I Flexible space to accommodate a variety of activities Kitchen 120 Assumes dishwasher, microwave, and refrigerator, but no oven orfodd wanninq - limitedprep area I Restrooms 1 400 l Assumes 3 toilet fixtures & 2 lavatories per restroom I I Storaqe ' 300 Tables, chairs, misc.: sauare footage depends on activity proarammina I Office 1 100 T.O.V. to provide Ticket booth/Counter I 50 1 I t 8tt1#ftSP'U'"Roo 3Le _ +l- 6780 sf G& at TWeftlencv maces #nd~deS cir~ular4,/r. agd mecharica! and e!ecfncal Parking Validation Outline: People to Number. of People to Parking. Stalls Functions Parking Comments S.F. Ratio" People " Required - Ratio Community Pavilion Activities (3000 st) 1 a. Musical/theatre performance w/ staqe 1:20 150 2:1 75 I Theatre style seatino arrangement b. Weddinq reception wi table seating 1:20 150 2:1 75 Sit-down dininq arrangement I I c. Wedding reception w/o table seating 1:15 1 200 2:1 I 100 (Assumes buffet table & dancinq ~ I I I c. Art exhibit I 1:30 , 100 1 2:1 50 Revoivinq foot traffic over extended period of time I I I e. Communitv meeting I 1:20 1 150 1 1.5:1 1 100 Classroom style seating brrangement I I I I I f. Large gatherinq utilizing terrace 1 1:20 1 375 1 2.5:1 1 150 (Special event I (Recreation field a. Triple Crown Soccer Tournament I I I I 150 1ko (Data provided by VRD l V (Youth) I I I I I b. Leaque soccer play I i 90 ( Data Provided by VRD \ I c. Vail Lacrosse Shootout I I I 120 1 KU Data provided by VRD I 1 I I I Play structure I I 1 I 8 I I I I I Basketball court I - I - I 8 I Recreational use only: not programmed I I I I I Open turf I I I 1 5 (Assumes majority of users from adjacent neighborhood Ratio data provided by ERA Odell Architects, Sasaki, Design Workshop 10/19/2000 LVj ur,,u._ a~ V A I L PLAZA HOTEL - Italian & French wings proposed approved TOTAL (Italian+French) Italian wing - (Chateau Vail site) French wing (VVI site) quantity average quantity average + k quantity keys sf eys sf -keys sf # 1 ( per # I unit # I per # I unit 1 11 Hotel rooms, 1201room 1201 46,649 389 I sf rm 99 room 11 991 35,7801 3611sf 11"M 2191rm 219 82,429 I I 1 1 I I I I 1 1 1 Club, I I # I I I I I ! Club penthouses 91un 1 371 21,3611 2,3731sf Jun 201un 1 401 26,85211,3431sf Jun 29Jun 1 77 48,213 Club regular units 321 un 1 811 38,1391 1,1921 sf Jun 281 un 1 731 36,48511,303 sf I un 601 un 1 1541 74,624 Club total 411un 1 1181 59,5001 1 J 481un 1 113JJ 63,3371 1 1 89Jun 1 2311122,837 1 I I I I I~ I I I I I I_ Hotel + Club 161 jun :238 106,149 147jun 212 99,1171 Jun 308jun 450 205,266 condo penthouses 171un 68 45,510 1 1 11un 4I 5,499 1 'un 181un I 721 51,009 I I I I ~ ~ ~ I ~ condos + club 581un 1861105,009( 491un 1171 68,836 1 ' 1071un 1 3031173,845 hotel+club+condos 178 (un 3061151,6591 1 1 1481 un 1 2161104,6161 1 1 3261 un 1 5221256,275 I I I I ~ I I I ! ! I ! 1 I pillows 616~pillows I I I 14901 pillows I I I 1,1061pillows I f , I I I I I ? I I I I I I Convention Center 1 I I I I I I I I I main ball room J J 1 10,1891 1 1 7,0041these I I I I I I I I 10,189 break outs 1 3,4511 I 3,364 functions pre-convene, etc. 1 l 1 13,3321 1 1 1 1 4,9701relocate 1 I ( 3,451 13,332 Convention total 1 1 26,9721 1 1 I I 15,338 Ito the 1 I ( 126,972 1 1 1 1 f I 1Italian I I I SPA I I 134,106 I I I 124, 8001 wing 1 I I 34,106 I I I I I~ I I I Restaurant 1 1 3,727 1 1 1 1 3,8731 1 1 1 1 1 7,600 I I I I 1 1 1 1 I I Retail I 1 1 6,8291 1 1 1 1 4,0471 1 1 1 1 1 1 10,876 employee accommodation 301empl.1 1 5,6711 1891sf I empl. 381empl.1 1 6,3321 1671sf lempl 681empl. 1 12,003 underground parking 1881spaces I I J 1941spaces I 1 382 spaces Land 12.38(acre 1 1101,1401 1 1 11.45jacre 1 1 63,0311 1 I 3.82 acre1 1164,171 l~us 16.4q•ov uJuk~ TO: Vail Town Council, Planning and Environmental Commission, Design Review Board FROM: 9 Vail Road (Holiday House) Condominium Association DATE: October 23, 2000 SUBJECT: 13 Vail Road / Lot A, B, C, Block 2, Vail Village Filing 2 (Vail Plaza Hotel - Italian Wing) The following is a summary of the issues, concerns and recommendations in response to the application for a special development district (SDD) at the Chateau Vail property. The 9 Vail Road (Holiday House) Condominium Homeowners Association, an adjacent neighbor and affected party, wishes to bring these items forward at the Town Council work session Tuesday, October 24. 1. Special Development District We recognize the advantages of redevelopment of the site currently. occupied by the Chateau at Vail. However, the property is already zoned "public accommodation district" and the intended use of the proposed project is compatible with that zoning. We feel the current proposal is incompatible with the neighborhood. No special development districts currently exist in this primarily residential area of West Meadow Drive. We see no community benefit from approval of a special development district at this site. We ask that the request for a special development district (SDD) be denied. 2. Height and Mass Considerations A luxury project at the entrance to the town and an increase in luxury accommodations should benefit the Town of Vail. However, the height and mass of the proposed Vail Plaza Hotel Italian Wing is not compatible with the underlying zoning nor with the scale of the adjacent neighbors. The mass of the building is also incompatible with the residential nature of West Meadow Drive. The building height towers over adjacent buildings to east, west and south. Adjacent properties are residential and are 3-4 stories at West Meadow Drive. Two-family residential zoning on the south side of West Meadow Drive begins immediately across from the site and continues west to the end of the street. We would like to see the heiaht of the proposed Vail Plaza Hotel Italian Winq reduced on the south, east and west faces to meet the current heiqhts established in the neiahborhood. If height variances are to be granted, they should be limited to the northern portion of the building. This would be consistent with the concepts of the Town of Vail Master Plan, which calls for low scale buildings in the core area and allows for taller buildings along the Frontage Road. 3. Setback Considerations The setbacks in the current proposal do not appear to meet the requirements for PA zoning. We ask that the 20' setbacks called for in PA zoninq be enforced both above and below qrade. This is especially critical to the 9 Vail Road Condominium Association because the property transferred to the Association by the developer of the Holiday Inn and Holiday House resulted in an erratic setback on our west side of as little as one foot. If the 20 foot setback is not enforced on the Vail Plaza Hotel Italian Wing project, our two buildings will be uncomfortably close. Enforcing the 20' setback also helps to ensure fire equipment access to the area between our buildings. Mr. Prado has assured us that the setbacks from our common property line will be 20 feet. We ask that the setback be enforced below grade as well, because of the erratic setback and because of an underground creek which is visible on the property line between 9 Vail Road and the proposed structure. West Meadow Drive, which is a major pedestrian access to Lionshead, begins at Vail Road with a pocket park.- There is a large open green space on the north side of West Meadow Drive at the current site. We would like to see a minimum of a 20' setback in this project on West Meadow Drive to retain some of the open green space in this area. 4. Traffic Considerations. Two-way access to the Vail Plaza Hotel Italian Wing is currently proposed from both Vail Road and the South Frontage Road. Traffic exiting the hotel to Vail Road will more likely turn left towards the roundabout than right towards the village core. As this driveway is opposite the exit drives from Gateway and the proposed Vail Plaza Hotel French Wing and is exposed to fast-moving traffic exiting the roundabout, it seems inappropriate to permit vehicles to exit via this access. That driveway is also the most likely pedestrian route between the two wings of the Vail Plaza Hotel and will create a dangerous situation unless a walkway is provided. Therefore, we-recommend that the access drive from Vail Road be one-way entry access, to permit the construction of a landscaped pedestrian walk in addition to the driving lane. The Town of Vail should also evaluate the need for a crosswalk on Vail Road. Commercial traffic is currently planned to travel Vail Road and West Meadow Drive to a loading dock at the southwest corner of the building. Such commercial traffic, estimated in the traffic study at 8-10 trucks per day, is inconsistent with the residential character and pedestrian usage of West Meadow Drive. We recommend that the loadina dock and commercial vehicle access be moved to the South Frontage Road as is the plan at the Vail Plaza Hotel French Wing. In summary, we are concerned that approval of a special development district and relief from current zoning requirements will damage the character of this residential area. We look forward to a response and a resolution of these concerns. If there are any questions concerning the above, please forward them through the planning department. Sincerely, Gwen Scalpello Ruben Catan President, Board of Directors Vice President, Board of Directors 9 Vail Road (Holiday House) Condominium Homeowners Association ~W d' l b •3• •60 l.~~ta~t•~ 3 EXHIBIT A Robert W' McLaurin Town Manager Signed thisl^ day of September, 2000 for now and including the time since July 11, 2000 when the Town Council in public meeting as the property owner directed staff to proceed with the application for the conditional use permit, the rezoning from Outdoor Recreation to General Use and the minor subdivision application. Attest: iXor~hi Donaldson Town Clerk o~4?RY.PU / EA L LORE LEI . DONALDSON o N°Y> tc Ion. 0 F CO EXHIBIT "B" marketed as conference center. She warned Council not to duplicate conference space that already exists in Vail, and that conference groups do not like to travel long distances from airports to the meeting facilities. Eagle County does not have airline service during the off season. She also mentioned that the Town of Vail would loose approximately 600 parking spaces with this new development. Buck Elliott, said the Learning Center is a great and bold idea. He reminded the developers to think about the core values and the community involved. Michael Wasmer said to move forward with the Learning Center. Act on Vail Tomorrow. John Garth with the VVTCB, said Town of Vail cannot accommodate some groups because there is not a large enough facility. He said it is likely that the Inc. 500 group would not return to Vail because it took too much planning on their part to coordinate the conference under different roofs. Kirk Hanson, 12-year resident of Vail, said keep the dream alive; the Town of Vail needs this kind of development. Rob LeVine, General Manger of Antlers in Lionshead, said "kudos" to Council for going this far, hang in there. Sherry Stern, an East Vail resident, said hotels are not needed; what people need is a delivery system and more technolgy. Ludwig Kurz said that condemnation is an issue that Council will not deal with. He also expressed that the Council is working with neighborhoods in regard to this development. Kurz said it was premature thinking that a 90-ft. wall is going to be built when there have only been site plans drawn. Donovan said she appreciated all the comments and the new faces at the evening meeting. The fourth item on the agenda was the discussion of a temporary/portable ice rink. Glenn Davis, president of the Vail Junior Hockey Association, said while Dobson is a great facility it is being over utilized. In order to serve the needs of the ice users in this area it would "behoove" the Town of Vail to put in a 2nd sheet of ice to allow the different ice programs in the county to grow. The cost of the bubble has increased because of wind and snow loads. Greg Moffet asked Mr. Davis if he had considered purchasing a used bubble. Mr. Davis said at one point he did have a lead on a used portable ice rink, but when he called it was sold. Greg Moffet asked if there was a market for used portable ice rinks. Mr. Davis said he did not know. Greg Moffet moved to give permission to Rick Pylman to take the proposal through the required process. Foley seconded. 4 July 11, 2000 Town Council Meeting Minutes EXHIBIT "B" Greg Moffet amended his motion. Foley seconded the amended motion. Kurz asked what monies were going to be used to finance the 2nd sheet of ice. Rod suggested the possibility of someone from the private sector assisting with the financing of the ice rink. Donovan said private financing would not be a good idea if the Town of Vail wanted to keep control over the ice rink. Bob McLaurin said if the Town Council supported this proposal he would make it happen. Greg Moffet moved to designate McLaurin and staff further explore purchasing a tent and negotiating with VRD concerning hours of operation and hours designated for each use including free public skating, identifying a contingency plan, and defining the rules of VRD and TOV. Foley seconded. A vote was taken and the motion passed unanimously, 6-0. Kurz asked if there was anything being done to maintain and upgrade Dobson Arena. Jim Heber, Director of Dobson Ice Arena, said $60,000 was spent last year on repairs. Greg Moffet asked how much would it cost to repair Dobson. Mr. Heber said $800,000. To remodel with additions, it would be around $2.5 million. Greg Moffet moved to preliminarily authorize the expenditure of money subject to a supplemental appropriation and subject to the discussion with Town staff as to where in the Capital Improvements Fund the funding of the ice rink would come. Rod Slifer seconded. A vote was taken and the motion passed unanimously, 6-0 The fifth item on the agenda was the appointment of the Vail Local Marketing District Advisory Board. Rod Slifer moved to appoint Bob Llewellyn to the Vail Local Marketing District Advisory Board. Donovan seconded. A vote was taken and the motion passed unanimously, 5-1, with Foley opposing. The sixth item on the agenda was the Approval of Settlement to Resolve Outstanding Bill for Improvements at Red Sandstone. Upon completion of the Red Sandstone Creek project there was an outstanding bill to be paid in the amount of $225,000 plus interest for the placement of the water main. This bill was incurred due to the improper placement of the water main at the beginning of construction. The shallow placement was discovered immediately before paving was to begin. After two days of mediation, all parties have reached an agreement to resolve all issues with a reduction in the amount to be paid and a sharing of those costs. The Town of Vail's share will be $8,000 in cash and a loan of $5,000 to fund the settlement for the Stevens Group. This loan will be for a 5-year term with 6% interest, a personal note signed by Tom Stevens and security through a second deed of trust on a project underway in Carbondale. Foley moved to approve the settlement to resolve outstanding bill for improvements at Red Sandstone. Moffet seconded. A vote was taken and the motion passed unanimously, 6-0. The seventh item on the agenda was the Town Manager's Report. Bob McLaurin said that the phone system upgrade has been pushed back due to scheduling changes. 5 July 11, 2000 Town Council Meeting Minutes FROM Eagle Valley Surveying, Inc. FAX NO. : 970 845 9504 Oct._02 2000 11:02AM P2 EXHIBIT C PARCEL DESCRIPTION (Vail Golf Course Clubhouse Subdivision) That part of Section 9, Township 5 South, Range 80 West of the 6" Principal Meridian, Town of Vail, Eagle County, Colorado, described as follows: Beginning at the most northerly corner of Lot 3, Sunburst Filing No, 3, according to the final plat for Sunburst Filing No. 3, recorded in Book 263 at Page 429, in the office of the Eagle County, Colorado, Clerk and Recorder, said point also being on the northerly right-of-way line of Sunburst Drive, as shown on said final plat; thence the following two courses along said northerly right-of-way line: (1) 119.32 feet along the are of a curve to the left, having a radius of 135.00 feet, a central angle of 50°3821" and a chord that bears N72°59'22"W 115.47 feet; (2) S81°41'30"W 187.43; thence, departing said northerly right-of-way line, N08°18'30"W 266.90 feet; thence N79°28'56"E. 939.41 feet; thence S1 1°28'38"E 91.78 feet; thence S40°01'19"W 490.77 feet; thence S77°00'32"W 165.16 feet to the northerly line of said Lot 3; thence, along said northerly line of Lot 3, 148.02 feet along the arc of a curve to the left, having a radius of 189.10 feet, a central angle of 44°50'53" and a chord that bears N65°08'56"W 144.27 feet to the point of beginning, containing 6.47 acres, more or less. RECD OCT 0 2~~~ UNPLATTED AP! i y n E .:r rlh•1 ;.n • 1 8' Za.. W 266.90 ;t'r l;ri `;ll~7. co A u!4!1 t{ nr.rf;1¢ fr18J' r ~ ~ W ;q ilp. d1 !t 1(. ?E F.?nc c n~Jh~ ~ ~ 1t V f~ I Go L V fl L. L E Y D IR V E ! { 40 r } R=135.00' L=1 19.32' GLEN=1 15.47' BRG=N 72'59'22" W 1=44',50'53- R= 189.10' L=14&02' VAIL GOLF COURSE CLUBHOUSE RG=N 44.27' BRt, / SUBDIVISION N 65'U8'SG" - 71 LOT SUNBURST FILING Z NO. 3 au(3raou5E a OIJ I UtJE clo. UNPLATTED o ° L4 M ra UNPLATTED s <G r fir)' v ~9Q S ~~ZS'38'~ E 91.78 raon g: -u ;::~arrr, ^P EFr~ BnSc'0 I;IPGiCApY PE, Q, 'Nir,tJ.;Ut.~~lE.1' i•.1~!MF.6n~% ,1A:'f Ec 1, ` itt '~rc. _+C IUtd IPACED ~qYJ ,atFY CM OEl EC T. tt 't0 E'+r yl t, +AAYE[n,pc n.• .C,7 1'F_AAS f-ROM PHEt ;jAiE OF 'Tt{f r j M PE*ord. E(1 RT;EY :3E Comict.I MORE cR tC.+t10At SNOWD!