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HomeMy WebLinkAbout2004-11-16 Support Documentation Town Council Work Sessionv' ®QA'Y9~9 ~s®6JAtl4sI~ WORi(SESSION ~-GEN®s4 ~l~41L TO1flJN COUNCIL CIiAIVIBERS ~5 S. frontage Road NV. @/ail, CO 8165 1:30 P.~l., TUES®i4V, NOVEAABER 16, 2004 N®TE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. Transportation Vvill leave 1V/unicipal Building Par/ring Lot proanptly at 9:30 P.~Y1. 1. Bill Gibson ITEi~/TOPIC: Site Visit. Vista Bahn Building. (20 min.) 2. George Ruther ITE~/TOPIC: PEC/DRB Update. (20 min.) 3. Greg Hall ITEM/TOPIC: Overview of 2005-2006 Streetscape Projects. (30 Todd Oppenheimer min.) BACiCGROUN®: Design concepts for the renovation of the Children's Fountain, West Gore Creek Drive, and the Gore Creek Promenade will be presented to Council for review. In order to move to final design, Council direction is requested on these design concepts. The design concepts have been generated by Wenk Associates and town staff with input from the Council Streetscape Design Committee and AIPP. 4. Russ Forrest ITEI~/TOPIC: Review how zoning affects retail uses in Vail's commercial zone districts. (30 min.) ~4CTlON RE(~UESTE® OF COUNCIL: Review how zoning affects retail uses and helps maintain retail uses in Vail's commercial zone districts. BACKGROUN®: On August 3, 2004, the Vail Town Council requested staff identify the commercial areas in Town where existing retail/restaurant use located on the first floor or street level of a building could be converted to uses other than retail/restaurants. Council also requested staff develop options for further regulating retail/restaurant uses on the first floor. The purpose of this work session is to identify areas where uses other than retail/restaurant uses on the first floor could become an issue. Staff has highlighted several options for further regulating retail/restaurant uses on the first floor if the Town Council determines this is a priority issue to address. 5. Joe Blair ITEM/TOPIC: Presentation of 2004 Summer Event Intercept Surveys. (30 min.) 6. Sybill Navas ITEMLTOPIC: Discussion of Ordinance No. #30, Series 2004, Pam Brandmeyer the Town of Vail amending Title 3, Chapter 6, of the Vail Town Matt Mire Code regarding the Commission on Special Events and setting forth details in regard thereto. (20 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or deny Ordinance No. #30, Series of 2004. BACKGROUND RATIONALE: The Commission on Special Events currently requires three of the five member board represent specific areas of the business community; restaurant, lodging and retail and two at-large voting members. In addition, the current ordinance contains a self imposed conflict of interest provision which is not imposed on other town boards and is unique to the CSE. This scenario continues to create conflicts of interest. In the past several months, various voting members have had to resign due to conflicts of interest. By expanding the board from 5 to 7 members, deleting the self imposed conflict of interest provision and having all members at-large will enable the board to attract members of the community with expertise in special events and will also allow this board to function like other Town of Vail boards. (i.e. When a voting member has a conflict they would recuse themselves from voting on that item). This will enable the CSE to more effectively carry out its functions and responsibilities. RECOMMENDATION: Approve or approve with amendments, Ordinance No. #30, Series 2004. 7. Gina Bentz ITEM/TOPIC: Discussion of First Reading of Ordinance No. #27, Series 2004, Ordinance making Supplemental Appropriations to the 2004 Budget. (15 min.) ACTION REQUESTED OF COUNCIL: o Ask any questions or give any comments regarding the 3`d supplemental of 2004, Ordinance No. # 27, Series 2004. BACKGROUND RATIONALE: To be provided in separate memo. `~ STAFF RECOMMENDATION: Staff is recommending the Town Council approves Ordinance No. #27, Series 2004, upon first reading. ~~ 8. Gina Bentz ITEM/TOPIC: Second reading of Ordinance No. #25, Series 2004, an ordinance to adopt the 2005 Budget. (15 min.) ACTION RE(~UESTE® OF COUNCIL: Approve or approve with amendments, Ordinance No. #25, Series 2004, on second reading. BACKGROUN® RATIONALE: To be provided in separate memo. STAFF RECOMMEN®ATION: Approve Ordinance No. #25, Series 2004, on second reading. ~ Vail America Days, Holidays in Vail. 9. 10. 11. BACKGROUN® RATIONALE: The Commission on Special Events (CSE) has requested either transferring both Vail America Days/July 4th (proposed funding: $50,000) and Holidays in Vail/Christmas/holiday (proposed funding: $25,000) to Council Contributions under the category of "culturally designated . events," with Council absorbing the additional cost; or, providing sufficient additional funding to the CSE to produce both holiday events since it is Council's desire to fund both events at their current levels. S~'AFF RECOMMEN®ATION: The Town Manager recommends Council not move Vail America Days and Holidays in Vail/Christmas into the "culturally designated events" category. Instead he recommends increasing CSE's budget by $25,000 in 2005 only to help pay for these events and instructing CSE to fund both events. The Town Manager has reduced other items so there is no incremental cost compared with the budget as presented for first reading. ITEM/TOPIC: Information Update. (10 min.) Joint meeting w/ Breckenridge. ITEM/TOPIC: Matters from Mayor & Council. (10 min.) ITERfI/TOPIC: Adjournment. (4:50 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 BEGIN AT 12:00 NOON, TUESDAY, DECEMBER 7, 2004 IN THE VAIL TOWN COUNCIL CHAMBERS. Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING ,• Monday, November 8, 2004 Tt}~'~~ t~' UA[I,' ~, PROJECT ORIENTATION -Community Development Dept. PUBLIC WELCOME 12:00 pm MEMBERS PRESENT Doug Cahill Chas Bernhardt George Lamb Rollie Kjesbo David Viele . Anne Gunion Bill Jewitt MEMBERS ABSENT Site Visits: 1. Crossroads - 141 and 143 Meadow Drive Driver: Warren NOTE: If the PEC hearing extends until 6:OOp.m., the Commission may break for dinner from 6:00- 6:30p.m. Public Hearing -Town Council Chambers 2:00 pm A request for a recommendation to the Vail Town Council of proposed text amendments to Section 12-11-4, NPDES, Section 12-11-6, Erosion Control, and Section 12-14-17, Setback from Water-Course, Vail Town Code, and setting forth details in regard thereto. Applicant: Town'of Vail Planner: Bill Carlson ACTION: Approved MOTION: Kjesbo SECOND: Viele VOTE: 7-0-0 Bill Carlson, Town of Vail Environmental Health Officer, presented an overview of the staff memorandum. He also-withdrew the portion of the requested text amendments addressing stream setbacks (i.e. Section~l2-14-17, Setback from Water-Course). Doug Cahill suggested that in addition to sites.with disturbed areas of a'h acre or larger, that permits also be required of all projects located adjacent to Gore Creek. The other Commissioners voiced their support of the text amendments or had no additional comments. 2. A request for a recommendation to the Vail Town Council on a proposal to establish Special Development District No. 39, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for the redevelopment of Crossroads, a mixed use development; a request for a text amendment to Section 12-2-2, Definitions, Vail Town Code, pursuant to Section 12-3- 7, Amendment, to add a definition for bowling alley; a request for a text amendment to Section 12-7E-4, Conditional Uses, Vail Town Code, pursuant to Section 12-3-7, Amendment, to add bowling alleys as a conditional use; and requests for conditional use permits to allow for the construction of an outdoor operation of the accessory uses as set forth in Section 12-7E-5 (ice skating rink); a major arcade to include indoor entertainment; a theater, meeting rooms, and convention facilities; multiple-family dwellings and lodges; and a private club to allow for the establishment of a for sale parking club, pursuant to Sectiori 12-7E-4, Vail Town Code, located at 141 and 143 Meadow Drive/Lot P, Block.5D, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Crossroads East One, LLC, represented by Mauriello Planning Group Planner: Warren Campbell ACTION: Tabled to November 22, 2004 MOTION: Viele SECOND: Kjesbo VOTE: 6-1-0 (Dewitt opposed) Warren Campbell gave a presentation per the staff memorandum. Jeff Winston, staff's consultant, provided a digital presentation of the design of the building and the relationship between the proposal and neighboring properties. Dominic Mauriello, the applicant's representative, commented that the project was designed with respect to the Town's goals and requirements for an SDD and. master planning documents. He added that the types of benefits resulting from the proposal would far outweigh the deviations from the standards that were enumerated in Staff's memorandum. He then gave a lengthy presentation detailing the merits of the proposal and the changes that had occurred in the course of previous meetings with the Planning and Environmental Commission. Chris Coy, the project's lead architect from Barnes Coy Architects, followed with a presentation that detailed the architectural strategy of the proposal. He distributed a copy of a proposed change to the retail spaces which was being developed. Jeff Winston continued his presentation, challenging the PEC to decipher, from an initial observation, where the buildings being shown were located: were they typical of the types of architecture that one finds most often in Vail Village? He reiterated that multiple opportunities existed for the buildings to step down in height in sensitive areas. Bob McNichols, the owner and developer of the One Willow Bridge Road project, communicated his surprise at the staff recommendation of denial. He mentioned that the comparisons between this and other highly-publicized projects within the Town were inappropriate due to the fact that many aspects of the proposal at hand were likely to be very beneficial to the community. Russ Forest, Director of Community Development, reminded the PEC that three options existed for them today. They could deny, approve, or table the application. Waldir Prado the developer of the Vail Plaza Hotel, seconded Mr. McNichols comments, adding that the Village's need for an entertainment center was obvious. Regarding bulk and mass, he hoped that the Planning and Environment Commission would consider the future and not always compare proposed projects to what existed today. He felt that this project exemplified what tfle Village-should be, making the highest and best use of the site. He finished by saying that the only thing that precluded him from proposing a similar plan was the constraints of the Vail Village -_ __ _ ___ Inn site. _ Ron Byrne, along-time developer in the Town, described some of the plans that had been previously drafted for the site. A great deal of thought and research had been devoted to deciphering what types of development projects are successful, this being one of them. He agreed that the bulk and mass were appropriate for the site and that the project would bring back a much-needed vitality to the Village. Jason Perez,.a resident and business owner in the Valley, expressed pleasure at the thought of raising his children in an area with a center such as the one proposed. Mark LaBonne, Vail Fine Art Gallery owner, reminded the PEC that the negative impacts upon the Town of the current structure, were substantial. Paul Verzacca, owner of La Tour Restaurant, expressed concern over the parking issue the Town faces each winter season. This project among other things would be beneficial to solving the parking problem. He stated that if Vail was hesitant to build upward, there were few other options for much-needed expansion opportunities (referencing the need for additional parking levels on the Vail parking structure). Patrick Cassidy, an employee of Vail Fine Art Gallery, agreed that the project's merits warranted approval. Doug Cahill asked the public if there specific comments regarding bulk and mass. Jeanrie Grissofi commented that the size of the project would help diminish some of the noise that is currently generated by I-70. Jonathan Staufer, resident and owner of property on adjacent parcel, spoke in favor of the need to re-development, yet agreed with the Staff's recommendation that there were many outstanding issues that remained to be addressed. No one in the Town has been give ten and one-half stories of height, he continued. The project was not sensitive to the surrounding areas, "blotted out" the sun; and the comparisons made to terms describing the project, such as "alpine" and "bavarian" were not appropriate. He urged the Planning and Environmental Commission to strongly consider following the Staff's recommendation. Joe Staufer, resident and owner of property on adjacent parcel, began by saying that his comments were likely against his personal and financial interests. Vail's status as a unique and charming place was due to its appeal as a small village. Though the developer may not like the "alpine architecture", Vail's guests come for that, among other, reasons. He added that the eighty-five condominiums would be occupied at Christmas and vacated by January 10th. Mr. Stauffer continued that economic viability was often promised as a result of a requested deviation from the Town's development standards. He felt that the building should not be approved, based on its size in comparison with surrounding structures. Gwen Scalpello mentioned that she is not personally ready to see "the city of Vail" and compared the project to 30 Rockefeller Center in New York City. Robb Swimm, owner of Scotch on the Rockies, expressed concern over 60,000 square feet of retail being built within the Village. His concern was that large national retailers would locate in the new retail, spaces and take away form the charm of smaller local shops. He was adamant that a project of this scale needed to work with the Community to intertwine and mesh with the unique existing retail spaces which interested visitors and locals alike. Dean Hall, president of Village Inn Plaza, Phase III, had many concerns about the scale of the project and urged the PEC to further study and refine the proposal. Andrew Carroll, with Alpine Bank in Crossroads, stated that the applicant had complied with the requests of staff.. Therefore, the application was consistent with similar approvals and should be approved as well. Dan Leever, resident of Vail, stated that he respected Staff's recommendation. However, it was the Planning and Environmental Commission's job to make decisions and be bold, particularly in light of the overwhelming public support of the project. Tom Steinberg, resident of Vail, did not agree with the comment regarding "overwhelming public support". The bulk and mass typified what large developers usually request. He suggested that the Planning and Environmental Commission "sit back and relax", waiting to more thoroughly grasp how the project could metamorphose. Flo Steinberg, resident of Vail, agreed with her husband. She requested to see models of this and the surrounding buildings and stated that it was impossible to see how the building would interact with other uses until a model was constructed. Dan Barry, a business owner in the Town, was anxious to see something happen in the Crossroads location. The amenities to the Community seemed to overshadow the physical height. He requested that the Planning and Environmental Commission allow the project to break ground as quickly as possible. Jim Lamont, Vail Village Homeowners Association, reminded the Planning and Environmental Commission that his homeowners associations has corisistently oppose Special Development District's. However, fair, consistent and equal treatment of properties in similar conditions must occur. He did not think that Staff accurately compared the proposal at hand with previous approvals within the Town. Russ Forrest pointed out to the Planning and Environmental Commission that comparisons had been made by Staff and were included for review in the back of the room. Kevin Deighan, president of the Vail Gateway Homeowners Association, mentioned that in his experience as Planning Commission member, he learned that not much was generally gained by the public as a result a Special Development District. However, he said that this project was a definite exception, bringing much needed entertainment options to the Village. He disagreed that additional retail square footage would be bad for the Village, but rather, would provide healthy competition, bringing retail rental rates down. Bill Ray, a local Gallery owner, would like to see something happen on the site, but felt that the scale was much too large. He felt the proposal would do a great deal to homogenize Vail, as Avon has done. Vail could not cater to all types of visitors and argued that the project as proposed was "arrogant and irresponsible". Tom Braun, a.local resident and primary participant in the drafting of the Vail Village Master Plan, stated that redevelopment was absolutely needed in this location. However, the proposal was nowhere close to Planning and Environmental Commission approval. The scale and massing of the building is significant. He commented that the Design Review Board and Planning and Environmental Commission needed to work on the compatibly on this project. The Town's embracing of "Bavarian style" architecture is a key part of the Town and has been a key since the Town's inception forty years ago. Chad Zigler, manager of Vail Mountain Lodge, commented that the shopping in Vail Village was in need of much improvement. He stated that many times he has sent guests and visitors to Aspen for shopping. Dominic Mauriello mentioned that areas down valley were currently outpacing Vail in sales tax revenues and maintained that the proposal would bring some of that business back to the Town. Anne Gunion commented that this was only the third time that the Planning and Environmental Commission had seen the project. She continued, saying that the bulk and mass was excessive. The Planning and Environmental Commission's responsibility was to evaluate a project based on the Town's development standards and the economic aspects of the project fall more aptly under the Town Council's purview.. In her informal study of the Town, she was hard-pressed to find eight and nine story elevations. This building's opportunity to be a "crown jewel" within the Town, was amazing. David Viele commented that Staff's overall support of the project was being overlooked. He mentioned that he thought the proposed structure was more in keeping with the Four Seasons. After seeing the graphic representations showing the two projects he found the scale of the building remained unacceptable. He remained in support of the project, but felt that much work remained to be done. Chas Bernhardt agreed with Mr. Viele's comments that Staff was supportive of the project. He felt that the deviations from the Town's standards would be necessary in order to make this proposal viable. He thought that the roofline was interesting ("light and airy") but still too high. The western neighbors would definitely be affected adversely if the building were not lowered on that corner. Other similar proposals within the Town granted the public much benefit: but this project did even more in terms of public benefits. He finished by stating that this project was ideal for this type of property, and would perhaps add to the retail viability within the Town. Biil Jewitt began by reading some aspects of the Town's development guidelines and plans. He stated that this area was likely the only one within the Town that would be able to incorporate a public plaza. He expressed interest in not "losing the plaza" at the- expense of adding a couple of trees and meeting a landscaping requirement. The area being discussed was in a unique mixed use sub area, and the guidelines that applied to the Village should not necessarily be applied to this project. There was some merit to keeping an open mind in regard to architecture: "bavarian" style was not, the only option within the Town. Regarding retail viability, the bottom line was whether or not a critical mass existed for retail. He felt that this project would generate its own "critical mass". The height and bulk issue was mitigated by the fact that some public plaza space was being introduced. The public benefits from this proposal would be "unbelievable", providing excitement not seen for some time in Vail. Rollie Kjesbo stated that the biggest issue of the project remained the bulk and mass. In spite of the huge number of public benefits, the 50% increase in size of this building was enormous. The eighty five units that would be dark for most of the year was a concern and a concept that would insure the beds were warm needed to be intricately studied. George Lamb stated that Staff had done an incredible job in researching and presenting the project. He felt that the benefits would be extraordinary. The parking should be flexible, as should the retail. He encouraged the applicant to provide some family duplex-type units in purchasing units for the 22 employees generated by the project. Attention should be paid to flexibility within the dwelling unit design such as lock-offs. The plaza may be too symmetrical and excessive bulk and mass were a problem, but the project wasn't "too far off" from becoming a reality Doug Cahil! agreed with the comments made about the overall viability and hopeful success of the project. The question that should be asked regarded the future: where are we moving? Where are there locations appropriate for this type of height? Currently, the project's bulk and mass was too dramatic considering local character. The project was moving in the right direction, as he hoped it would continue to do. Traffic impact fees deserved more discussion, as did parking, the rental plan, and several other issues. Dominic Mauriello stated that the Planning and Environmental Commission was helpful in giving instruction regarding the project. Peter Noble, the developer of the property, was initially interested in the area due to its potential as a project which would bring people back to Vail. However, he was not interested in pursuing the project for the next three years of his life. The economic viability of the project for the Community could be huge, he finished. 3. A request for final review of a major exterior alteration, pursuant to Section 12-7A-2, Exterior Alterations or Modifications, Vail Town Code, to allow for revisions to the previously approved development plan for One Willow Bridge Road (previously Swiss Chalet), located at 100 Willow Bridge Road/Tracts K & L, Block 5E, Vail Village First Filing, and setting forth details in regard thereto. Applicant: One Willow Bridge Road, represented by Resort Design, Inc. Planner: George Ruther ACTION: Withdrawn 4. A request for final review of a variance from Section 12-6H-6, Setbacks, Vail Town Code, to allow for a residential addition to encroach into the required side setback, located at 483 Gore Creek Drive (.Texas Townhomes)/Lots 8 & 9, Texas Townhomes, Vail Village 4th Filing, and setting forth details in regard thereto. Applicant: Diane Lighthall, represented by Mike Suman Architect, LLC Planner: Elisabeth Eckel ACTION: Withdrawn 5. A request for final review of a major subdivision, pursuant to Chapter 13-3, Subdivision Regulations, Vail Town Code, to allow for the creation of the Lionshead Sixth Filing subdivision, a resubdivision of Lot 4, Block 1, Tract D, Tract H, and a Part of Tract C, Vail/Lionshead First Filing and a resubdivision of Lot 2, Block 1, Tract H, Tract G, and a Part of Tract C, Vail/Lionshead Third Filing, Town of Vail, County of Eagle, State of Colorado, located at 675 Lionshead Place (a complete legal description is available for inspection at the Town of Vail Community Development Department upon request). Applicant: Vail Resorts Development Company, represented by Braun and Associates Planner: George Ruther ACTION: Withdrawn 6. A request for a site coverage variance, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a variance from Section 12-6D-9, Site Coverage, Vail Town Code, to allow for site _ coverage in excess of 20% of the total site area, located at 1936 West Gore Creek Drive/Lot 46, Vail Village West Filing 2, and setting forth details in regard thereto. ' Applicant: Michael R. Dantas represented by Mauriello Planning Group, LLC Planner: Elisabeth Eckel ACTION: Withdrawn 7. Approval of October 25, 2004 minutes fViOTION: Viele SECON®: Kjesbo VOTE: 7-0-0 8. Information Update Appointment of PEC Representative to the Open Space Committee (Note: There ~nrill be a meeting of the Open Space Committee on Tuesday, November 9, 2004 at 3:00) lMOT1ON: SECON®: VOTE: 9. Adjournment IViOTION: Viele SECOND: Kjesbo VOTE: 7-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published, November 5, 2004 in the Vail Daily. DESIGN REVIEW BOARD AGENDA November 3, 2004 _~, ~~t~ ~~ ~t~,' , 3:00 P.M. PUBLIC MEETING PUBLIC VI/ELCOME PROJECT ORIENTATION /LUNCH -Community Development Department MEMBERS PRESENT Peter Dunning Joe Hanlon Diana Mathias Bill Pierce Margaret Rogers MEMBERS ABSENT SITE VISITS 1. Vantage Point Condominiums - 508 East Lionshead Circle 2. Stephanoff Residence - 2339 Chamonix Lane 3. Boothcreek Townhomes - 2875 Manns Ranch Road . 4. GTNT Irivestments, LLC - 325 Forest Road 5. Mezzaluna Restaurant - 1660 W. Lionshead Place Driver: Bill PUBLIC HEARING -TOWN COUNCIL CHAMBERS 12:OOpm 2:OOpm 3:OOpm Vantage Point Condominiums DRB04-0541 Elisabeth Final review of a minor alteration 508 East Lionshead Circle/Lots 1 and 2, Block 1, Lionshead Filing 1 Applicant: Vantage Point Condominium Association, represented by Fritzlen Pierce Architects ACTION: Approved with no conditions MOTION: Hanlon SECOND: Dunning .VOTE: 4-0-1 (Pierce recused) 2. Stephanoff Residence DRB04-0551 Conceptual review of residential addition 2339 Chamonix Lane/Lot 11, Block A, Vail Das Schone Filing 1 Applicant: Robert Stephanoff, represented by RKD Architects ACTION: Conceptual - no vote 3. Boothcreek Townhome Association DRB04-0434 Final review of a minor alteration 2875 Manns Ranch Road/Lot 1, Block 1, Vail Village Filing 13 Applicant: Boothcreek Townhome Association, represented by TRD Architects ACTION: Approved with one condition and one finding MOTION: Rogers ~~ SECOND: Dunning VOTE: 5-0-0 CONDITIONS: Bill Elisabeth 1) At the time of building permit submittal, the applicant shall verify that the buildings will be re- sided with ahardie-plank board on batten application, using batten that is 3/a" thick and 4" wide. FINDING: 1) The Design Review Board approved the application to use hardie-plank siding after paying special attention to the warning from the Town of Vail Fire Department that this site is particularly susceptible to wildfire. The DRB clarified that all proposals for similar siding materials will be reviewed strictly and on a case-by-case basis. 4. Lionshead Core Site Hotel DRB04-0305 George Final review of a major exterior alteration 675 Lionshead Place/(a complete legal description is available for inspection at the Town of Vail Community Development Department upon request). Applicant: Vail Resorts Development Company, represented by Braun Associates, Inc. ACTION: Tabled to November 17, 2004 MOTION: Rogers SECOND:Hanlon VOTE:5-0-0 5. GTNT Investments, LLC, Roger Tollefson DRB04-0543 Matt Final review of new residential construction 325 Forest Road/Lot 18, Block 7, Vail Village Filing 1 Applicant: GTNT Investments, LLC, represented by Segerberg, Mayhew & Associates, Architects ACTION: Approved with one condition MOTION: Rogers SECOND: Mathias VOTE: 5-0-0 CONDITIONS: 1) That the applicant, prior to applying for a building, permit, shall adhere to the comments of the Public Works Department regarding the requirement of a revocable right-of-way permit, returning .grades to 2:1, and the submission of a revised site plan. 6. Mezzaluna Restaurant DRB04-0569 Matt Final review of a sign 1660 W. Lionshead Place/Lot 1, Vail Lionshead Filing 1, Addition 1 Applicant: Deryk Cave, represented by Sign Design ACTION: Tabled to November 17, 2004 MOTION: Rogers SECOND: Dunning VOTE: 5-0-0 Staff Approvals Vail Racquet Club DRB04-0561 Joe Final review of a minor alteration 4690 Vail Racquet Club Drive/Vail Racquet Club Condominiums, Unplatted Applicant: ~ Vail Racquet Club, represented by B&M Roofing of Colorado, Inc. Golden Peak Paving DRB04-0553 Final review of a minor alteration 498 Vail Valley Drive/Tract B, Vail Village 7th Filing Applicant: Vail Associates, Inc.; represented by Dan Conway Elisabeth Knuepfer Residence DRB04-0520 Elisabeth Final review of a minor alteration 748 Potato Patch Road/Lot 7, Block 2, Vail Potato Patch Filing 2 Applicant: Dave and Marcia Knuepfer, represented by Graham Reid Construction, Inc. Goncharoff Residence DRB04-0521 Final review of a residential addition 1220 Westhaven Circle/Lot 42A&B, Glen Lyon Subdivision Applicant: Alan Goncharoff Contiguglia Residence DR604-0519 Final review of change to approved plans 736 Forest Road/Lot 11, Block 1, Vail Village Filing 6 Applicant: William Reslock Southard Residence DRB04-0540 Final review of a minor alteration 1546 Matterhorn Circle, Unit 4, Hobbit Hill/Matterhorn Village Applicant: Nancy Southard, represented by Steven Kirchner Matt Bill Matt Lazier Residence DRB04-0546 Warren Final review of change to approved plans 1290 Westhaven Circle/Lot 26, Glen Lyon Subdivision Applicant: Buddy and Kara Lazier, represented by William Reslock, Architect Winter Residence DRB04-0547 Final review of change to approved plans 174 E. Gore Creek Drive, Unit 40/Lot A, Lodge at Vail Applicant: Bruce Winter, represented by Philippe Courtois Matt Leever Residence DRB04-0548 Warren Final review of change to approved plans 1397 Vail Valley Drive/Lot 6, Block 3, Vail Valley Filing 1 Applicant: Daniel Leever, represented by Custom Mountain Architects Cadmus/Barborek Residence DRB04-0570 Final review of a minor alteration 3265 Katsos Ranch Road/Lot 11, Block 1, Vail Village Filing 12 Applicant: Mark Cadmus, represented by Master Sealers Joe Treetops Condominium Association DRB04-0562 Warren Final review of change to approved plans 450 East Lionshead Circle/Lot 6, Block 1, Vail Lionshead Filing 1 Applicant: Treetops Condominium Association, represented by Bill Pierce, Fritzlen Pierce Architects Village Inn Plaza DRB04-0549 Final review of a residential addition 68 East Meadow Drive, Unit 101/Block 5D, Village Inn Plaza Applicant: Pamela Cousins Matt Slifer Smith & Frampton Sign DRB04-0559 Elisabeth Final review of a sign 183-185 Gore Creek Drive/Lot A, Block 5B, Vail Village Filing Applicant: Slifer Smith & Frampton Real Estate, represented by Cara Walker Sitzmark Sign -Charm School Boutique DRB04-0560 Elisabeth Final review of a sign 183 Gore Creek Drive/Lot A, Block 5B, Vail Village Filing 1 Applicant: Charm School Boutique, represented by Carla Lewis Hughes Residence DRB04-0556 Bill Final review of change to approved plans 303 Gore Creek Drive, Unit 7/Lot 7, Block 5, Vail Rowhouse Applicant: Ronald Hughes, represented by Shepherd Resources Daskurdas Residence DRB04-0554 Matt Final review of change to approved plans 4937 Juniper Lane/Lot 4, Block 4, Bighorn 5th Addition Applicant: Joe and Karen .Daskurdas, represented by Galen Aasland, Architect Village Inn Plaza DRB04-0566 Warren Final review of a minor alteration 100 East Meadow Drive, Unit 604/Lot O, Block 5D, Vail Village Filing 1 Applicant: Village Inn Plaza Phase III Condominium Association, represented by Jonathan Stauffer Weltner Residence, KC Duplex -Thornhill DR604-0550 Final review of change to approved plans 1260 Westhaven Circle/Lot 29, Glen Lyon Subdivision Warren Kirby Residence DRB04-0573 Joe Final review of a minor alteration 217 Rockledge Road/Lot 13, Vail Village Filing 1 Applicant: Steven and Suzette Kirby, represented by Plath Construction O'Meara Residence DRB04-0580 Final review of a minor alteration 2952 Bellflower Drive, Unit A/Lot 18, Block 6, Vail Intermountain Applicant: Mike and Mill O'Meara Joe Scott Residence DRB04-0531 Elisabeth Final review of a minor alteration 1151A Casolar Del Norte Drive/Lot A7, Block 2, Casolar Vail Applicant: George and Cynthia Scott, represented by Stucco Works Terry Residence DRB04-0565 Joe Final review of a minor alteration 710 West Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 3 Applicant: Gary and Caroline Terry, represented by Dave Wolfe, Inc. Karlin Residence DRB04-0572 Joe Final review of a minor alteration 1330 Greenhill Court, Unit B/Lot 15, Glen Lyon Subdivision Applicant: Mitchell J. Karlin, represented by Plath Construction Brandt Residence DRB04-0555 Warren Final review of change to approved plans 1701 Buffehr Creek Road/Lot 5, Eleni Zneimer Subdivision Applicant: Scott and Claudine Brandt, represented by Ann Darby, AIA Burton Residence DRB04-0557 Final review of a minor alteration 931 Red Sandstone Road, Unit 15/Aspen Tree Condominiums Applicant: Georgene Burton, represented by Jeff Snyder George Terry Residence DRB04-0565 Joe Final review of a minor alteration 710 West Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 3 Applicant: Gary and Caroline Terry, represented by Dave Wolfe, Inc. Leever Residence DRB04-0552 Warren Final review of change to approved plans 1397 Vail Valley Drive/Lot 6, Block 3, Vail Valley Filing 1 Applicant: Dan and Julie Leever,. represented by Jamie McCluskie Children's Garden of Learning DRB04-0563 Matt Final review of change to approved plans 129 N. Frontage Road/Lot 1, Middle Creek Subdivision . Applicant: Town of Vail Guthrie Residence DR604-0574 Warren Final review of a minor alteration 2598 S. Frontage Road, Units B-13, B-14/Lots 3-4, Block 5, Interlochen Condominiums Applicant: Crossroads Realty 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. c' ENIORANDUIVI TO: Vail Town Council FROM: Community Development Department DATE: November 16, 2004 SUBJECT: First-floor Retail and Restaurant Conversions I. PURPOSE: In recent months, the Town of Vail Community Development Department has received proposals to convert existing first-floor retail spaces to office uses. A conditional use permit was recently denied in Special Development District #6 (underlying zoning of Public Accommodation District) for a real estate office located on the first-floor of the Vail Village Inn along East Meadow Drive. The Betty .Ford Alpine Gardens was recently approved to occupy afirst-floor tenant space along the Gore Creek Promenade in the Commercial Core 1 District, with the condition that the business office comprises no more than 25% of that tenant space. Additionally, Vail Resorts has recently submitted a proposal to temporarily allow existing office uses displaced by the Core Site construction to be relocated to first-floor locations within the Lionshead Mixed Use 1 District. These proposals have created public concern about a potential influx of non-retail and non- restaurant first-floor business uses proliferating Vail's pedestrian retail environments. !n light of these recent proposals, on August 3, 2004, the Vail Town Council requested that Staff identify those commercial areas where existing first=floor retail and restaurant uses can be converted to non-retail/restaurant uses such as business or professional offices. In addition to identifying these areas; Staff has also identified options for further regulating first-floor retail and restaurant conversions, should the Town Council determine this to be necessary and high priority action. II. CURRENT FIRST-FLOOR RETAIL AND RESTAURANT CONVERSION REGULATIONS The Town of Vail regulates allowed business uses in a variety of ways. The Town's zoning regulations determine which types of uses are allowed within each of Vail's commercial and business districts (Chapter 12-7, Vail Town Code). Some of Vail's commercial and business district regulations specify not only which land uses are allowed within a district, but where within that district they are allowed. The Town of Vail has "horizontal zoning" within four of its nine commercial and business districts. Within the Town of Vail, horizontal zoning is primarily used in the Village and Lionshead to create vibrant pedestrian retail environments. Horizontal zoning is defined as the application of land use regulations based upon the horizontal floor or level of a building (i.e., basement/garden level, first floor or street level, second floor or above, etc.). The Town of Vail has faced challenges with horizontal zoning in defining the first- floor of buildings located on sloping lots, differentiating between an office use and a retail use involving accessory office space, defining quasi-public uses such as the Village streetscape center. The following commercial and business districts regulate 1 business type through horizontal zoning: o Commercial Core 1 'o Commercial Core 2 o Lionshead Mixed Use 1 o Lionshead Mixed Use 2 The following commercial and business districts only regulate uses district wide, and do not regulate uses through horizontal zoning: o Public Accommodation o Commercial Core 3 o Commercial Service.Center o Arterial Business o Heavy Service Even though these listed districts do not regulate first-floor retail and restaurant conversions through horizontal zoning; they do regulate such proposals through less direct means such as conditional use permits and special development districts. For example, within the Public Accommodation and Heavy Service Districts, office uses are only allowed with Planning and Environmental Commission approval of a conditional use permit. Some examples of Public Accommodation zoned properties near Vail pedestrian areas include the Mountain Haus, Christiania, Sonnenalp, Swiss Chalet, and the Talisman.-The conditional use permit process allows the Planning and Environmental Commission, and ultimately the Town Council in the case of an appeal, to evaluate such applications on a case-by-case basis. Additionally, Special Development Districts within any commercial and business district further regulates land use and often include horizontal zoning or a site specific development plan which is ultimately reviewed and approved by the Town Council. Some examples of special development districts near pedestrian areas include Vail Gateway Building, Vail Village Inn; Vail Plaza Hotel, Austria Haus, Tivoli Lodge, and the proposed Crossroads redevelopment. A map showing the location of Vail's commercial and business districts has been attached for reference. III. APPLICABLE ZONING REGULATIONS For reference, the individual purpose statements for each of Vail's commercial and business districts are listed to provide an understanding of the why each district was created and the desired outcomes they intend to achieve: Public Accommodation District, Purpose: 12-7A-1: The public accommodation district is intended to provide sites for lodges and residential accommodations for visitors, together with such public and semipublic facilities and limited professional offices, medical facilities, private recreation, commercial/retail and related visitor oriented uses as may appropriately be located within the same district and compatible with adjacent land uses. The public accommodation district is intended to ensure adequate light, air, open 2 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 vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the district. Commercial Core 3 District, Purpose (West Vail Commercial /area): There.is no purpose statement for this zone district. Commercial Service Center Purpose: 12-7E-1 (Crossroads, Gateway, and VVestStar Bank Building): The Commercial Service Center District is intended to provide sites for general shopping and commercial facilities serving the Town, together with limited multiple-family dwelling and lodge uses as maybe appropriate without interfering with the basic commercial functions of the District. The Commercial Service Center District is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted types of buildings and uses, and to maintain a convenient shopping center environment for permitted commercial uses. Arterial Business District, Purpose: 12-7F-1: (Cascade Crossing and Vail Professional Building) The arterial business district is intended to provide sites for office space, public utilities, service stations, limited light industry having no adverse environmental impacts that provides significant on site tourist amenities and limited shopping and commercial facilities serving the town and Upper Eagle Valley residents and guests. Multiple-family dwellings for use as employee housing will be appropriate under specific circumstances. The arterial business district is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted and conditional types of buildings and uses, and to maintain a convenient (limited) shopping, business, service, and residential environment. (Ord. 32(1988) § 2) Heavy Service District, Purpose: 12-7G-1 (Conoco, Phillips, and the Shell gas stations): The Heavy Service District is intended to provide sites for automotive-oriented uses and for commercial service uses which are not appropriate in' other commercial districts. Because of the nature of the uses permitted and their operating characteristics, appearance and potential for generating automotive and truck traffic, all uses in the Heavy Service District are subject to the conditional use permit procedure. !n granting a conditional use permit, the Planning and Environmental Commission or the Town Council may prescribe more restrictive development standards than the standards prescribed for the District in order to protect adjoining uses from adverse influences. r IV. POTENTIAL NEXT STEPS ~~ The Town Council must determine if the Town's existing regulations (i.e. horizontal zoning, conditional use permits, and special development districts) provide an appropriate level of review for first-floor retail and restaurant conversions proposals. If the Town Council determines that the existing regulations are not adequate or appropriate for this task, and that this issue is of high priority, the Council may wish to explore any combination of the following: o Initiate amendments to Chapter 12-7, Commercial and Business Districts, Vail Town Code, to expand horizontal zoning to more zone districts. o Develop specific review criteria for conditional use permit applications for first- floor retail/restaurant conversions. o Develop specific review criteria for special development district applications for first-floor retail/restaurant conversions. o Impose a moratorium on first-floor retail and restaurant conversions in all commercial and business districts. V. ATTACHMENTS Attachment A: Commercial and Business Districts Map. Attachment B: Chapter 12-7, Commercial and Business Districts, Vail Towri Code t 4 v 12-7A-1 Attachment: A CHAPTER 7 COMMERCIAL AND BUSINESS DISTRICTS SECTION: ARTICLE A. PUBLIC ACCOMIt~ODATION (PA) DISTRICT 12-7A- 1: Purpose ~ _ 12-7A- 2: ~ Permitted Uses ~ " 12-7A- 3: Conditional Uses 12-7A- 4: Accessory Uses 12-7A- 5: Lot Area And Site Dimensions 12-7A- 6: Setbacks 12-7A- 7: Height 12-7A- 8: Density Control 12-7A- 9: Site Coverage . 12-7A-10: Landscaping And Site Development 12-7A-11: Parking And Loading 12-7A-12: Exterior Alterations Or -- Modifications 12-7A-13: Compliance Burden 12-7A-14: Mitigation Of Development Impacts 12-7A-15: Addition Of Gross Residential Floor Area To Existing PA Properties 12-7A-1: PURPOSE: The public accommo- dation district is intended to provide sites for lodges .and residential accommodations for visitors, together with such public and semipublic facilities and limited professional offices, medical facili- ties, private recreation, commercial/retail and related visitor oriented uses as may appropriately be located within the same district and compatible with adjacent land uses. The public accommodation district is intended to ensure adequate light, air, open space, and other amenities commensurate 12-7A-3 with lodge uses, and to maintain the desir- able resort qualities of the district by estab- lishing appropriate site development stan- dards. Additional nonresidential uses are permitted as conditional uses which en- hance.the nature of Vail as a vacation com- munity, and where permitted uses are in- tended to function compatibly with the high density lodging character of the district. (Ord. 23(1999) § 1: Ord. 30(1977) § 7: Ord. 8(1973) § 7.100) 12-7A-2: PERMITTED, USES: The. follow- ing uses shall be permitted in the PA district: Lodges, including accessory eating, drink- ing, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site; additional acces- sory dining areas may be located on an outdoor .deck, porch, or terrace. (Ord. 23(1999) § 1: Ord. 37(1980) § 7: Ord. 19(1976). § 8: Ord. 8(1973) § 7.200) 12-7A-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfast, as further regulated by section 12-14-18 of this title. February 2004 Town of Vail v 12-7A-3 12-7A-6 Churches. Fractional fee club units as further regulat- ed by subsection 12-16-7A8 of this title. Hospitals, medical and dental clinics, and medical centers. Lodges, including accessory eating, drink- ing, or retail establishments located within the principal use and occupying •between ten percent (10%) and fifteen percent (15%) of the total gross residential .floor area of the main structure or structures on the site. Major arcade, so long as it does not have any exterior frontage on any public .way, street, walkway, or mall area. Private clubs and civic, cultural and frater- nal organizations. Professional and business offices. Public buildings,.grounds and facilities Public or commercial parking facilities or structures. Public or private schools. Public park and recreational facilities Public transportation terminals. Public utility and public service uses. Ski lifts and tows. Theaters and convention facilities. Type III employee housing units.as provid- ed in chapter 13 of this title. (Ord. 13.(2003) § 1: Ord. 5(2001) § 9: Ord. 6(2000) § 2: Ord. 23(1999) § 1: Ord. 22(1996) § 2: Ord. 8(1992) § 19: Ord. 31(1989) § 7: Ord. 3(1985) § 1: Ord. 27(1982) § 1(b): Ord. 6(1982) § 8(a): Ord. 8(1981) § 2: Ord. 26(1980) § 2: Ord. 8(1973) § 7.300) 12-7A-4: ACCESSORY USES: The follow- ing accessory uses shall be permitted in the PA district: Home occupations, subject to issuance. of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Meeting rooms. Minor arcade. Swimming pools, tennis courts, patios, or other recreation facilities customarily inci- dental to permitted lodge uses. Other uses customarily incidental and ac- cessory to permitted or conditional uses, and necessary for the operation thereof. (Ord. 23(1999) § 1: Ord. 6(1982) § 8(b): Ord. 8(1973) § 7.400) 12-7A-5: LOT AREA 'AND SITE DIMEN- SIONS: The minimum lot or site area shall be ten thousand (10,000) square feet of buildable area and each site shall have a minimum frontage. of thirty feet (30'). Each site shall be of a size and shape ca- pable of enclosing a square area eighty feet (80') on each side within its boundaries. (Ord. 23(1999) § 1: Ord. 12(1978) § 3) 12-7A-6: SETBACKS: In the PA district, the minimum front setback shall be twenty feet (20'), the minimum side setback shall be twenty feet (20'), and the minimum rear setback shall be twenty feet (20'). At the discretion of the planning and C` r February 2004 Town of Vail G 12-7A-6 12-7A-9 environmental commission and/or the de- sign review board, variations to the setback standards outlined above may be approved during the review of exterior alternations or modifications (section 12-7A-12 of this article) subject to the applicant demonstrat- ing compliance with the following criteria: A.. Proposed building setbacks provide necessary separation between build- ings and riparian areas, geologically sensitive areas and other environmen- tally sensitive areas. B. Proposed building setbacks comply with applicable elements of the Vail village urban design guide plan and design considerations. C. Proposed building setbacks will pro- vide adequate availability of light, air and open space. D. Proposed building setbacks will pro- vide a compatible relationship with buildings and uses on adjacent prop- erties. E. Proposed. building setbacks will result in creative design solutions or other public benefits that could not other- wise be achieved by conformance with prescribed setback standards. (Ord. 23(1999) § 1: Ord. 50(1978) § 2) 12-7A-7: HEIGHT: For a flat roof or man- sard roof, the height of buildings shall not exceed forty five feet (45'). For a sloping roof, the height of buildings shall not exceed forty eight feet (48'). (Ord. 23(1999) § 1: Ord. 37(1980) § 2) 12-7A-8: DENSITI' CONTROL: Up to one hundred fifty (150) square feet of gross- residential floor area (GRFA) may be permitted for each one hundred (100) square feet of buildable site area. Final determination of allowable gross residential floor area shall be made by the planning and environmental commission in accor- dance with section 12-7A-12 of this article. Specifically, in determining allowable gross residential floor area the planning and envi- ronmental commission shall make a finding that proposed gross residential floor area is in conformance with applicable elements of the Vail village urban design guide plan and design considerations. Total density shall not exceed twenty five (25) dwelling units per acre of buildable site area. For ,the purposes of calculating density, employee housing units, accommodation units and fractional fee club units shall not be count- ed towards density. A dwelling unit in a multiple-family :building may include one attached accommodation unit no larger than one-third ('/3) of the total floor area of the dwelling. (Ord. 5(2003) § 4: Ord. 31(2001) §§ 3, 5: Ord. 23(1999) § 1: Ord. 50(1978) § 19: Ord. 12(1978) § 2) 12-7A-9: SITE COVERAGE: Site cover- age shall not exceed sixty five percent (65%) of the total site area. Final determination of allowable site coverage shall be made by the planning and environ- mental commission and/or the design re- view board in accordance with section 12-7A-12 of this article. Specifically, in determining allowable site coverage the. planning and environmental commission and/or the design review board shall make a finding that proposed site coverage is in conformance with applicable elements of the Vail village urban design guide plan and design considerations. (Ord. 23(1999) § 1: Ord. 17(1991) § 7: Ord. 8(1973) § 7.507) r Town of Vail February 2004 v 12-7A-10 ~ 12-7A-12 12-7A-10: LANDSCAPING Al\TD SITE DE- VELOPMENT: At least thirty percent (30%) of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15') with a minimum area not less than three hundred (300) square feet. (Ord. 23(1.999) § 1: Ord. 19(1976) § 8: Ord. 8(1973) § 7.509) 12-7A-11: PARItING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least seventy five percent (75%) of the required parking shall be locat- ed within the main building or buildings and hidden from public view. No at grade or above grade surface parking or loading area shall be located in any required front setback area. Below grade underground structured parking and short term guest loading and drop off shall be permitted in the required front setback subject to the approval of the planning and environmental commission and/or the design review board. (Ord. 23(1999) § 1: Ord. 19(1976) § 8: Ord. 8(1973) § 7.510) 12-7A-12: EkTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The construction of a new building or the alteration of an existing building shall be reviewed by the design review board in accordance with chapter 11 of this title. However, any project which adds additional dwelling units, accommodation units, fractional fee club units, any project which adds more than one thousand (1,000) square feet of commercial floor area. or common space, or any project which has substantial off site impacts (as determined by the admin- ~~ >:':? istrator) shall be reviewed by the plan- ning and environmental commission as a major exterior alteration in accor- dance with this chapter and section 12-3-6 of.this title. Complete applica- tions for major exterior alterations shall be submitted in accordance with administrative schedules developed by the department of community de- velopment for planning and environ- mental commission and design review ' board review. The following submittal items are required: 1. Application: An application shall be made by the owner of the ,building or the building owner's authorized agent or representative on a form provided by the administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all perti- nent requirements of the condominium association's declarations. j~: 2. Application; Contents: The adminis- trator shall establish the submittal requirements for an exterior alteration or modification application. A com- plete list of the submittal requirements shall be maintained by the administra- tor and filed in the department of com- munity development. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrat- ed by the applicant that the informa- tion and materials required are not relevant to the proposed development or applicable to the planning docu- ments that comprise the Vail compre- hensive plan. The administrator and/or the reviewing body may require the submission of additional plans, draw- February 2004 Town of Vail 12-7A=12 ings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. 3. Work Sessions/Conceptual Review: If requested by either the applicant or the administrator, submittals may proceed to a work session with the planning and environmental commis- sion, a conceptual review with the design review board, or a work ses- sion with the town council. 4. Hearing: The public hearing before the planning and environmental com- mission shall be held in accordance with section 12-3-6 of this title. The planning and environmental commis- sion may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the planning and environmental com- mission may be appealed to the town council in accordance with section 12-3-3 of this title. 5. Lapse Of Approval: Approval of an exterior alteration as prescribed by this article shall lapse and become void three (3) years following the date of approval by the design review board unless, prior to the expiration, a building permit is issued and construc- tion is commenced and diligently pur- sued to completion. Administrative extensions shall be allowed for rea- sonable and unexpected delays as long as code provisions affecting the proposal have not changed. (Ord. 5(2003) § 5: Ord. 31(2001) § 7: Ord. 23(1999) § 1) 12-7A-13: COMPLIANCE BURDEN: It shall be the burden of the appli- 12-7A-14 cant to prove by a preponderance of the evidence before the planning and environ- mental commission and- the design review board that the proposed exterior alteration or new development is in compliance with the purposes of the public accommodation zone district, that the proposal is consistent with applicable elements of the Vail village master plan, the Vail village urban design guide plan and the Vail streetscape master plan, and that the proposal does not other- wise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail com- prehensive plan. (Ord. 23(1999) § 1) 12-7A-14: MITIGATION OI' DEVELOP- MENT IMPACTS: Property own- ers/developers shall also be responsible for mitigating direct impacts of their develop- ment on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development ,impacts. Im- pacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be deter- mined by the planning and environmental commission in review of development pro- jects and conditional use .permits. Substan- tial off site impacts may include, but are not limited to, -the following: deed restricted employee housing, roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/ bank restoration, loading/delivery, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/ development projects which produce sub- stantial off site impacts. (Ord. 23(1999) § 1) Town of j'¢il February 2004 v 12-7A-15 12-7A-15 12-7A-15: ADDITION OF GROSS RESI- ~/ :... DENTIAL FLOOR AREA TO EYISTING PA PROPERTIES: For any gross residential floor area added to a pub- lic accommodation zoned property following the effective date hereof, a minimum of seventy percent (70%) of the added gross residential floor area shall be devoted to accommodation units, or fractional fee club units subject to the issuance of a condition- al use permit. This limitation shall not apply to gross residential floor area being added in accordance with sections 12-15-4 and 12-15-5 of this title. (Ord. 23(1999) § 1)~ - February 2004 Town of Vail n 12-7B-1 12-7B-2 CHAPTER 7 COMMERCIAL AND BUSINESS DISTRICTS ARTICLE B. COfViNiERCIAL CORE 1 (CC1) DISTRICT SECTION: 12-7B- 1: Purpose 12-7B- 2: Permitted And Conditional Uses; Basement Or Garden Level 12-7B- 3: Permitted And Conditiona! Uses; First Floor Or Street Level 12-7B- 4: Permitted And Conditional Uses; Second Floor 12-7B- 5: Permitted And Conditional Uses; Above Second Floor 12-7B- 6: Conditional Uses; Generally 12-7B- 7: Exterior Alterations Or Modifications 12-7B- 8: Conditional Uses; Factors Applicable 12-7B- 9: Accessory Uses 12-7B-10: Lot Area And Site Dimensions 12-7B-11: Setbacks 12-7B-12: Height i 2-7B-13: Density Control 12-7B-14: Reconstruction Of Existing Uses; Generally 12-7B-15: Site Coverage 12-7B-16: Landscaping Arid Site Development 12-7B-17: Parking And Loading 12-78-i 8: Location Of Business Activity 12-7B-19: Reconstruction Of Existing Uses; Compliance Required 12-7B-20: Vail Village Urban Design Plan character of the Vail Village commercial area, with its mixture of lodges and com- mercial establishments in a predominantly pedestrian environment. The Commercial Core 1 District is intended to ensure ade- quate light, air, open space, and other ame- nities appropriate to the permitted types of buildings and uses. The District regulations in accordance with the Vail Village Urban Design Guide Plan and Design Consider- ations prescribe site development stan- dards that are intended to ensure the main- tenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distin- guish the Village. (Ord. 21(1980) § 1) 12-7B-2: PERNIIT'TED AND CONDI- TIONAL USES; BASEMENT OR GARDEN LEVEL: A. Definition: The "basement" or "garden level" shall be defined as that floor of a building that is entirely or substan- tially below grade. B. Permitted Uses: The fiollowing uses shall be permitted in basement or garden levels within a structure: 1. Retail shcps and establishments, including the following: 12-7B-1: I'URI'OSE: The Commercial Core 1 District is intended to provide sites and to maintain the unique r ~. Apparel stores. c Town of V¢il 1298 12-7B-2 t 2Qa Art supply stores and galleries. Bakeries and confectioneries. Bookstores. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Drugstores and pharmacies. Florists. Gift stores. Health food stores. Hobby stores. Jewelry stores. Leather goods stores. Music and record stores. Newsstands and tobacco stores. Sporting goods stores. Stationery stores. Toy stores. Variety stores. Yardage and dry goods stores. 2'own of Vail 12-7B-2 2. Personal services and repair shops, including the following: Barbershops. Beauty shops. Commercial ski storage.. Small appliance repair shops. Tailors and dressmakers. Travel and ticket agencies. 3. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service, restricted to prepa- ration of products specifically for sale on the premises. Cocktail lounges and bars. Coffee shop. Fountains and sandwich shops. Restaurants. 4. Professional offices, business offic- es and studios. 5. Banks and financial institutions. 6. Additional uses determined to be similar to permitted uses described in subsection B1 through B5 of this Sec- tion, in accordance with the provisions of Section 12-3-4 of this Title so long as they do not encourage vehicular traffic. 7. Lodges. c' 12-7B-2 12-78-3 C.. Conditional Uses: The following uses 1. Retail stores and establishments, shall be permitted in basement or including the following: garden levels . within a structure, sub- ject to issuance of a conditional use Apparel stores. permit in accordance with the provi- sions of Chapter 16 of this Title: Art supply stores and galleries. Household appliance stores. Bakeries and confectioneries. Liquor stores. Bookstores. . , Luggage stores. Camera stores and photographic studios. Major arcade. Candy stores. Meeting rooms. Chinaware. and glassware Multiple-family housing. stores. Outdoor patios. Delicatessens and specialty food stores. Radio and TV stores and repair shops. Drugstores and pharmacies. Theaters. (Ord. 10(1998) §§ 2, 4: Ord. Florists. 26(1989) § 1 : Ord. 27(1982) § 1(a): Ord. 25(1982) § 1(a): Ord. 6(1982) Gift shops. § 3(a): Ord. 8(1981) § 2: Ord. 26(1980) § 2: Ord. 16(1975) § 3(A)(A): Hobby stores. _Ord. 8(1973) § 8.200(A)) Jewelry stores. 12-7B-3: -PERMITTED AND CONDI- Leather goods stores. TIONAL USES; FIRST FLOOR OR S'CREET LEVEL: Luggage stores. A. Definition: The "first floor" or ".street Music and record stores. j level" shall be defined as that floor of the building that is located at grade or Newsstands and tobacco stores. street level. Sporting goods stores. B. Permitted Uses: The following uses shall be permitted on the first floor or Stationery stores. street level within a structure: Ticket and travel agencies. 1298 Town of V¢i1 Y 12-7B-3 Toy stores. Variety stores. Yardage and dry goods stores. 2. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service, restricted to prepa- ration of products specifically for sale on the premises. Cocktail lounges and bars. Coffee shops. Fountains and sandwich shops Restaurants. 3. Lodges. 4. Additional uses determined to be similar to permitted uses described in subsection B1 and B2 of this Section, in accordance with the provisions of Section 12-3-4 of this Title so long as they do not encourage vehicular traf- fic. C. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Banks and financial institutions. Barbershops, beauty shops and beau- ty parlors. Household appliance stores. 12-7B-4 Liquor stores. Outdoor patios. Radio and TV stores and repair shops. (O.rd. 10(1998) §§ 3, 4: Ord. 25(1982) § 1(b): Ord. 18(1981) § 1: Ord. 8(1981) § 2: Ord. 26(1980) § 2: Ord. 50(1978) §§ 4, 5: Ord. 16(1975) § 3(A)(B): Ord. 8(1973) § 8.200(8)) 12-7B-4: PERMITTED AND CONDI- TIONAL USES; SECOND FLOOR: A. Permitted Uses; Exception: The fol- lowing uses shall be permitted on the second floor above grade within a structure; provided, however, that a conditional use permit will be required in accordance with Chapter 16 of this Title for any use which eliminates any existing dwelling or accommodation unit or any portion thereof: 1. Multiple-family residential dwelling. 2. Lodges. 3. Professional offices, business offic- es, and studios. 4. Banks and financial institutions. 5. Personal services and repair shops, including the following: Barbershops. Beauty shops. Business and office services. Tailors and dressmakers. ~ ~ ,~ ^'.= 1298 Town of Vail 12-7B-4 (.._ :. Travel and ticket agencies. 6. Retail stores and establishments, including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries. Bookstores. ~:':;: `' Camera stores and photographic studios. Candy stores. :Chinaware and glassware stores. Delicatessens and specialty food stores. Drugstores and pharmacies. ~( Florists. Gift stores. Hobby stores. Jewelry stores. Leather goods stores. Music and record stores. ~ Newsstands and tobacco stores. Photographic studios. Sporting goods stores. Toy stores. B 12-7B-4 Variety stores. Yardage and dry goods stores. 7. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service, restricted to prepa- ration of products specifically for sale on the premises. Cocktail lounges and bars. Coffee shops. Fountains and sandwich shops. Restaurants. Conditional Uses: The following uses shall be permitted on second floors above grade, subject to the issuance of a conditional use permit in accor- dance with the provisions of Chapter 16 of this Title: Dog kennel. Household appliance stores. _. Liquor stores. Luggage stores. Meeting rooms. Outdoor patios. Radio and TV sales and repair shops. Theaters. Type III employee housing units (EHU) as provided in Chapter 13 of this Title. (Ord. 6(2000) § 2: Ord. June 2000 Town of Vail 12-7B-4 12-7B-5 10(1998) § 4: Ord. 8(1992) § 20: Ord. ~ Chinaware and glassware 25(1982), § 1(c): Ord. 20(1982) § 5: .stores. Ord. 8(1981) § 2: Ord. 26(1980) § 2: Ord. 16(1975) § 3(A)(C): Ord. 8(1973) Delicatessens and specialty food § 8.200(C)) stores. Drugstores. 12-7B-5: .I'ERI\'IITTED AND CONDI- TIONAL USES; ABOVE SEC- Florists. OND FLOOR:. Gift shops. A. Permitted Uses: The following uses shall be permitted on any floor above Hobby stores. the second floor above grade: Jewelry stores. . Lodges. Leather goods stores. Multiple-family residential dwellings. Liquor stores. B. Conditional Uses: The. following. uses shall be permitted on any floor above Luggage stores. the second floor above grade, subject to the issuance of a conditional use Music and record stores. permit in accordance with the provi- ~sions of Chapter 16 of, this Title. Any Newsstands and tobacco stores. permitted or conditional use which eliminates any existing dwelling or Photographic studios. accommodation unit, or any portion thereof, shall require a conditional use Radio and TV stores and repair permit. Such uses may include: shops. 1. Retail stores and establishments, Sporting good stores. including the following: Stationery stores. Apparel stores. Toy stores. Art supply stores and galleries. Variety stores. Bakeries and confectioneries. Yardage and dry goods stores. Bookstores. 2. Eating and drinking establishments, Camera stores and photographic . including the following: studios. Bakeries and delicatessens with food service, restricted to prepa- ~. ~. .. C~ .:~~~1 June 2000 Town of Vail 12-7B-5 ~:..:: ration of products specifically for sale on the premises. Cocktail lounges and bars. Coffee shops. Fountains and sandwich shops. Restaurants. 3. Professional offices, business offic- es, and studios. 4. Banks and financial institutions 5. Personal services and repair shops, including the following: Barbershops. Beauty shops. Business and office services. Small appliance repair shops. Tailors and dressmakers. Travel and ticket agencies. 6. Theaters. 7. Additional uses determined to be similar to permitted uses described in subsections 61 through B5 of this section in accordance with the provi- sions of section 12-3-4 of this title, so long as they do not ericourage vehicu- lar traffic. 8. Type III employee housing units (EHU) as provided in chapter 13 of this title. (Ord. 6(2000) § 2: Ord. 10(1998) § 4: Ord. 25(1995) § 1: Ord. 8(1992) § 21: Ord. 20(1982) § 5: Ord. r 12-7B-7 8(1981) § 2: Ord. 26(1980) § 2: Ord. 16(1975) § 3(A)(D): Ord. 8(1973). § 8.200(D)) 12-7B-6: CONDITIONAL USES; GENER- ALLY: The following uses shall be permitted, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski .lifts and tows. (Ord. 31(1989) § 8: Ord. 16(1975) § 3(B): Ord. 8(1973) § 8.300) 12-7B-7: EXTERIOR ALTERATIONS OR 1~IODIFICATIONS: A. Subject To Review: The construction of a new building, the alteration of an existing building which adds or re- moves any enclosed floor area, the alteration of an existing building which modifies exterior rooflines, the re- placement of an existing building, the addition of a new outdoor dining deck or the modification of an existing out- door dining deck shall be subject to review by the planning and environ- mental commission (PEC) as follows: 1. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the administrator. Any application for condominiumized buildings shall c February 2004 Town of Vail 12-7B-7 be authorized by the condominium association in conformity with all perti- nent requirements of the condominium association's declarations. 2. Application; Contents: The adminis- trator shall establish the submittal requirements .for an exterior alteration or modification application. A com- plete list of the submittal requirements shall be maintained by the administra- tor and filed in the department of com- munity development. Certain submittal requirements may be waived and/or modified by the. administrator and/or the reviewing body if it is demonstrat- ed by the applicant that the informa- tion and materials required are not relevant to the proposed development or applicable to the planning docu- ments that comprise the Vail compre- hensive plan. The administrator and/or the reviewing -body may require the submission of additional plans, draw- ings, specifications, samples .and other materials if deemed necessary to properly evaluate the proposal. 3. Application Date And Procedures': Complete applications for major exte- rior alterations shall be submitted biannually on or before the fourth Monday of February or the fourth Monday of September. Submittal re- quirements shall include all informa- tion in subsection A2 of this section; provided, however, that the architec- tural or massing model shall be sub- mitted no later than three (3) weeks prior to the first formal public hearing ,of the planning and environmental commission. No public hearings or work sessions shall be scheduled regarding exterior alterations prior to the biannual submittal date deadlines. At the next regularly scheduled plan- 12-7B-7 Wing and environmental commission meeting following the submittal dates listed above, the administrator shall inform the planning and environmental commission of all exterior alteration submittals. The administrator shall commence with the review of exterior alterations following this initial plan- ning and environmental commission meeting. a. A property owner may apply for a major exterior alteration (greater than 100 square feet) in any year during which he or she shall submit an appli- cation on the February or September dates as set forth in subsection A3 of this section. Said application shall be termed a "major exterior alteration". b. Notwithstanding the foregoing, applications for the alteration of an existing building which adds or re- moves any enclosed floor area of not ~ . more than one hundred (100) square F~ ` feet, applications to alter the exterior rooflines of an existing building, appli- cations for new outdoor dining decks and applications for modifications to existing dining decks may be submit- ted on a designated submittal date for any regularly scheduled planning and environmental commission meeting. Said applications shall be termed a "minor exterior alteration". The review procedures for a minor exterior alter- ation shall be as outlined in this sec-. tion. All enclosed floor area for an ~' expansion or deletion pursuant to this subsection A3b shall be physically and structurally part of an existing or new building and shall not be a free- standing structure.. c. A single property owner may submit an exterior alteration proposal. 1. The submittal deadlines contained in this subsection A3 are hereby waived for project applications for the 1998 calendar year. February 2004 Town of V¢il 12-7B-7 which removes or encloses floor area of one hundred (100) square feet or less on a designated submittal date and will be reviewed by the planning and environmental commission at any of its regularly scheduled meetings. 4. Work Sessions: If requested by either the applicant or the administra- tor, submittals shall proceed to a work _ session with the planning and environ- mental commission. The administrator shall schedule the work session at a regularly scheduled planning and environmental commission meeting and shall cause notice of the hearing .. to be sent to all adjacent property owners in accordance with subsection 12-3-6C of this title. Following the work session, and the submittal of any additional material that may be re- quired, the administrator shall sched- ule aformal public hearing before the /' planning and environmental commis- ( sion in accordance with subsection 12-3-6C of this title. 5. Hearing: The public hearing before the planning and environmental com- mission shall be held in accordance with section 12-3-6 of this title. The planning and environmental commis- sion may approve the application as submitted, approve the application with .conditions or modifications, or deny the application. The decision of the planning and environmental com- mission may be appealed to the town council in accordance with section 12-3-3 of this title. 6. Compliance With Comprehensive Applicable Plans: It shall be the bur- den of the applicant to prove by a preponderance of the evidence before the planning and environmental com- 12-7B-7 mission that the proposed exterior alteration is in compliance with the purposes of the CC1 district as speci- fied in section 12-7B-1 of this article; that the proposal is consistent with applicable elements of the Vail village master plan, the town of Vail streetscape master plan, and the Vail comprehensive plan; and that the proposal does not otherwise negative- ly alter the character of the neighbor- hood. Further, that the proposal sub- stantially complies with the Vail village urban design guide plan and the Vail village design considerations, to in- clude, but not be limited to, the follow- ing urban design considerations: pedestrianization, vehicular penetra- tion, streetscape framework, street enclosure, street edge, building height, views, service/delivery and sun/shade analysis; and that the pro- posal substantially complies with all other elements of the Vail comprehen- sive plan. 7. Approval: Approval of an exterior alteration under subsections A5 and A6 of this section shall constitute approval of the basic form and loca- tion of improvements including siting, building setbacks, height, building bulk and mass, site improvements and landscaping. 8. Lapse Of Approval: Approval of a major or minor exterior alteration as prescribed by this chapter shall lapse and become void two (2) years follow- ing the date of approval of the major or minor exterior alteration by the planning and environmental commis- sion unless, prior to the expiration, a building permit is issued and construc- tion is commenced and diligently pur- sued to completion. c' Town of Vail February 2004 12-7B-7 9. Design Review Board Review: Any modification or change to the exterior facade of a building or to a site within the CC1 district shall be reviewed by the design review board in accordance with chapter 11 of this title. B. Compliance Burden: It shall be the burden of the applicant to prove by a preponderance of the evidence before the design review board that the pro- posed building modification is .in com- pliance with the purposes of the CC1 district as specified in section 12-7B-1 of this article; that the proposal sub- stantially complies with the Vail village design considerations, and that the proposal does not otherwise alter the character of the neighborhood. (Ord. 5(2003) § 6: Ord. 1(1998) § 1: 1997 Code: Ord. 4(1993) § 1: Ord. 41(1983) § 1: Ord. 25(1982) § 1(d): Ord. 21(1980) § 1) 12-7B-8: CONDITIONAL USES; FAC- TORS APPLICABLE: In consid- ering, in accordance with chapter 16 of this title, an application for a conditional use permit within commercial core 1 district, the following development factors shall be ap- plicable: A. Effects of vehicular traffic on commer- cial core 1 district. B. Reduction of vehicular traffic in com- mercial core 1 district. C. Reduction of nonessential off street parking. D. Control of delivery, pick up, and ser- vice vehicles. 12-7B-9 E. Development of public spaces for use ~`i by pedestrians. F. Continuance of the various commer- cial, residential, and public uses in commercial core 1 district so as to maintain the existing character of the area. G. Control quality of construction, archi- tectural design, and landscape design in commercial core 1 district so as to , maintain the existing character of the area. H. Effects of noise, odor, dust, smoke, and other factors on the environment of commercial core 1 district. (Ord. 16(1975) § 4) 12-7B-9: ACCESSORI' USES: The follow- ing accessory uses shall be permitted in the CC1 district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Minor arcade. Amusement devices shall not be visible or audible from any public way, street, walkway or mall area. Outdoor dining areas operated in conjunc- tion with permitted eating and drinking es- tablishments. Swimming pools, patios, or other recre- ational facilities customarily incidental to permitted residential or lodge uses. Other uses customarily incidental and ac- cessory to permitted or conditional uses, and necessary for the operation thereof. t February 2004 Town of V¢il 12-7B-9 (Ord. 6(1982) § 3(b): Ord: 16(1975) § 3(C): Ord. 8(.1973) § 8.400) 12-7B-10: LOT AREA AND SITE DIMEN- SIONS: The minimum lot or site area shall be five. thousand (5,000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30'). (Ord. 12(1978) § 3) 12-7B-11: SETBACKS: There shall be no required setbacks, except as may be established pursuant to the Vail village design guide plan and design con- siderations. (Ord. 21(1980) § 1) 12-7B-12: HEIGHT: Height shall be as regulated in the Vail village ur- ban design guide plan and design consider- ations. (Ord. 11(1982) § 2: Ord. 37(1980) § 2) 12-7B-13: DENSITI' CONTROL: Unless otherwise provided in the Vail village urban design guide plan, not more than eighty (80) square feet of gross resi- dential floor area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area. Total density shall not exceed twenty five (25) dwelling units per acre of buildable site area. Each accommo- dation unit shall be counted as one-half ('/Z) of a dwelling unit for purposes of calculat- ing allowable units per acre. A dwelling unit in amultiple-family building may include one attached accommodation unit no larger than one-third ('/3) of the total floor area of the dwelling. (Ord. 31(2001) §§ 3, 5: Ord. 21(1980) § 1) 12-7B-17 12-7B-14: RECONSTRUCTION OF E~:IST- ING USES; GENERALLY: If any building or structure located within commer- cial core 1 district on June 1, 1978, is sub- sequently destroyed by fire or other casual- ty to the degree provided in section 12-18-9 of this title, that structure or building may be reconstructed to the same or substan- tially the same size, dimensions, lot cover- age, and height in accordance with the procedures outlined in section 12-18-9 of this title, so long as the appearance of the building or structure is the same or sub- stantially the same as existed prior to its destruction. (Ord. 19(1979) § 3(a): Ord. 13(1978) § 2) 12-7B-15: SITE COVERAGE: Site cover- age shall not exceed eighty percent (80%) of the total site area, unless otherwise specified in the Vail village urban design guide plan and design consider- ations. In commercial core 1 district, ground level patios and decks shall be included in site coverage calculations. (Ord. 17(1991) § 8: Ord. 21(1980) § 1) 12-7B-16: LANDSCAPING AND SITE DE- VELOPMENT: No reduction in landscape area shall be permitted without sufficient cause shown by the applicant or as specified in the Vail village design con- siderations as adopted in section 12-7B-20 of this article. (1997 Code: Ord. 21(1980) § 1) 12-7B-17: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter .10 of this title; provided, that no parking shall be provided on site. All parking require- ments shall be met in accordance with the provisions of chapter 10 of this title. Load- ~_ Town of Vail February 2004 12-7B-17 ing requirements shall continue to be appli- cable to properties within commercial core 1 district; provided, that no loading areas shall be located in any required front set- back area. (Ord. 13(1978) § 3) 12-7B-18: LOCATION OF BUSINESS AC- TIYITI': A. Limitations; Exception: All offices, businesses, and services permitted by sections 12-7B-2 through 12-7B-5 of this article, shall be operated and conducted entirely within a building, except for permitted unenclosed park- ing or loading areas, and the outdoor display of goods. B. Outdoor Displays: The area to be used for outdoor display must be located directly in front of the estab- lishment displaying the goods and entirely upon the establishmerit's own property. Sidewalks, building entranc- es and exits, driveways and streets shall not be obstructed by outdoor display. (Ord. 34(1982) § 1: Ord. 19(1976) § 9: Ord. 8(1973) § 8.511) 12-7B-19: RECONSTRUCTION OF EXIST- ING USES; COMPLIANCE RE- QUIRED: Any building or structure located within commercial core 1 district may be reconstructed to the same or substantially the same enclosed floor area in accordance with the procedures outlined in section 12-18-9 of this title. The building, however, shall substantially comply with the applica- ble provisions of the Vail village urban de- sign guide plan and design considerations. (Ord. 21. (1980) § 1) 12-7B-20 12-7B-20: VAIL VILLAGE URBAN DE- SIGN PLAN: A. Adoption: The Vail village urban de- sign guide plan and design consider- ations are adopted for the purposes of maintaining and preserving the char- acter and vitality of the Vail village (CC1) and to guide the future alter- ation, change and improvement in CC1 district. Copies of the Vail village design guide plan and design consid- erations shall be on .file in the depart- ment of community development. B. .Revisions: Revisions to the Vail vil- lage urban design guide plan ahd design considerations shall be re- viewed by the planning and environ- mental commission with official action to be taken. by the town council by resolution on a semiannual basis to ensure that the plan reflects the pur- poses and intent for which it has been adopted. The review and action shall take place within thirty (30) days fol- lowing the public hearing on the appli- cations. (Ord. 21(1980) § 1) (. February 2004 Town of V¢il 12-7C-1 CHAPTER? COMMERCIAL AND BUSINESS DISTRICTS ARTICLE C. COMMERCIAL CORE 2 (CC2) DISTRICT 12-7C-2 SECTION: the desirable qualities of the district by establishing appropriate site development 12-7C- 1: Purpose / standards. (Ord. 31(2001) § 8: 1.997 Code: 12-7C- 2: Requirements For Ord. 21(1980) § 2) ,. Establishment; Development Plan 12-7C- 3: Permitted And Conditional Uses 12-7C-2: REQUIREDI;ENTS I+OR ESTAI3- 12-7C- .4: Conditional Uses; Generally - LISHMENT; DEVELOPMENT 12-7C- 5: Exterior Alterations Or PLAN: Modifications 12-7C- 6: Accessory Uses A. Review Required: Prior to the estab- 12-7C- 7: Lot Area And Site Dimensions lishment of any commercial core 2 12-7C- 8: Setbacks district or enlargement of any existing 12-7C- 9: HeigP~t commercial core 2 district by=change 12-7C-10: Density Control of district boundaries, the town council 12-7C-11: Site Coverage ~ shall by resolution adopt a general 12-7C-12: Landscaping And Site ~ development plan for the proposed Development district. The general development plan 12-7C-13: Parking And Loading may be prepared by an applicant for 12-7C-14: Location Of Business Activity the establishment of such district or 12-7C-1'5: Vail Village Urban Design Guide may be prepared by the town. The Plan And Design _- development plan shall be submitted Considerations to the planning and environmental commission for review, and the plan- ning and environmental commission shall submit its findings and recom- 12-7C-1: PURPOSE: The commercial core mendations on the plan to the town 2 district is intended to provide council. sites fora mixture of multiple dwellings, ( lodges and commercial establishments in a B. Development Plan Content: The ad- clustered, unified development. Commercial ministrator shall establish the submit- core 2 district in .accordance with the Vail tal requirements for a development village urban design guide plan and design plan application. A complete list of the considerations, as adopted in section submittal requirements shall be main- 12-7C-15 of this article is intended to en- tained by the administrator and filed in sure adequate light, air, open space and the department of community develop- _ other amenities appropriate to the permitted ment. Certain submittal requirements types of building and uses and to maintain may be waived and/or modified by the r February 2004 Town of Vail 12-7C-2 12-7C-5 administrator and/or the reviewing with the ,provisions of chapter 16 of this 4t!,. `.~' body if it is demonstrated by the appli- title: cant that the information and materials required are not relevant to the pro- Bed and breakfast as further regulated by posed development or applicable to section 12-14-18 of this title. the planning documents that comprise the Vail comprehensive plan. The Brew pubs. administrator and/or the reviewing body may require the submission of Coin operated laundries. additional plans, drawings, specifica- tions, samples and other materials if Commercial storage. deemed necessary to properly evalu- ff" ate the proposal. ~ Public buildings, grounds, and facilities. t; :'"' C. Plan Used As Guide: The develop- Public park and recreation facilities. ment plan shall be used as a guide for the subsequent development of sites Public utility and public service uses. and the design and location of build- ings and grounds within the district. Ski lifts and tows. _ All plans subsequently approved by the design review board in accordance Television stations. with chapter 11 of this title, shall sub- stantially conform with the develop- Theaters, meeting rooms and convention ment plan .adopted by the town coun- facilities. (Ord. 31(2001) § 8: Ord. 10(1998) cil. (Ord. 5(2003) § 7: Ord. 31(2001) §§ 5, 6, 7: Ord. 16(1996) § 1: Ord. 23(1990) § 8: Ord. 8(1973) § 9.200) § 1: Ord. 31(1989) § 9: Ord. 21(1983) § 1: Ord. 8(1981) § 2: Ord. 50(1978) § 8: Ord. .8(1973) § 9.400) 12-7C-3: PERMITTED AND CONDI- TIONAL USES: In the CC2 dis- trict, permitted and conditional uses for specific floors shall be the same as those permitted in the commercial core 1 district' as prescribed by sections 12-7B-2 through 12-7B-5 of this chapter. Retail stores and establishments shall not occupy more than eight thousand (8,000) square feet of floor area. (Ord. 31(2001) . § 8: Ord. 50(1978) § 7: Ord. 8(1973) § 9.300) 12-7C-4: CONDITIONAL USES; GENER- ALLY: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance 12-7C-5: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The construction of a new building, the alteration of an existing building which adds or re- moves any enclosed floor area, the _ alteration of an existing building which modifies exterior rooflines, the re- placement of an existing building, the addition of a new outdoor dining deck or the modification of an existing out- door dining deck shall be subject to .review by the planning and environ- mental commission (PEC) as follows: c February 2004 Town of V¢il 12-7C-5 1. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all perti- nent requirements. of the condominium association's declarations. 2. Application; Contents: The adminis- trator shall establish the submittal requirements for an exterior alteration or modification application. A com- plete list of the submittal requirements shall be maintained by the administra- tor and filed in the department of com- munity development. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrat- ed by the applicant that the informa- tion and materials required are not relevant to the proposed development or applicable to the planning docu- ments that comprise the Vail compre- hensive plan. The administrator and/or the reviewing body may require the submission of additional plans, draw- ings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. 3. Application Date And Procedures': Complete applications for.. major exte- rior alterations shall be submitted biannually on or before the fourth Monday of February or the fourth Monday of September. Submittal re- quirements shall include all informa- tion in subsection A2 of this section; provided, however, that the architec- tural or massing model shall be sub- mitted no later than three (3) weeks prior to the first formal public hearing 12-7C-5 of the planning and environmental commission. No public hearings or work sessions shall be scheduled regarding exterior alterations prior to the biannual submittal date deadlines. At the next regularly scheduled plan- ning and environmental commission meeting following the submittal dates listed above, the administrator shall inform the planning and environmental commission of all exterior alteration submittals. The administrator shall commence with the review of exterior alterations following this initial plan- ning .and environmental commission meeting. a. A property owner may apply for a major exterior alteration (greater than 100 square feet) in any year in which he or she shall submit an application on the February or September dates as set forth in subsection A3 of this section. Said application shall be termed a "major exterior alteration". b. Notwithstanding the foregoing, applications for the alteration of an existing building which adds or re- moves any enclosed floor area of not more than one hundred feet (100'), applications to alter the exterior rooflines of an existing building, appli- cations for new outdoor dining decks and applications for modifications to existing dining decks may be submit- ted on a designated submittal date for any regularly scheduled .planning and environmental commission meeting. Said applications shall be termed "minor exterior alteration". The review procedures for a minor exterior alter- ation shall be as outlined in this sec- tion. All enclosed floor area for an expansion or deletion pursuant to this subsection A3b shall be physically ~. 1. The submittal deadlines contained in this subsection A3 are hereby waived for project applications for the 1998 calendar year. Town of V¢il February 2004 12-7C-5 and structurally part of an existing or new building and shall not be a free- standing structure. c. A single property owner may submit an exterior alteration proposal which removes or encloses floor area of one hundred (100) square feet or less on a designated submittal date and will be reviewed by the planning and environmental commission at any of its regularly scheduled meetings. 4. Work Sessions; If requested by either the applicant or the administra- tor, all submittals shall proceed to a work session with the planning and environmental commission. The ad- ministrator shall .schedule the work session at a regularly scheduled plan- ning and environmental commission meeting and shall cause notice. of the hearing to be sent to all adjacent property owners in accordance with subsection 12-3-6C of this title. Fol- lowing the work session, and the sub- mittal of any additional material that may be required, the administrator shall schedule a formal public hearing before the planning and environmental commission in accordance with sub- section 12-3-6C of this title. 5. Hearing: The public hearing before the planning and environmental com- mission shall be held in accordance with section 12-3-6 of this title. The planning and environmental commis- sion may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the planning and environmental com- mission may be appealed to the town council in accordance with section 12-3-3 of this title. 12-7C-5 6. Compliance With Applicable Com- ~l . :' prehensive Plans: It shall be the bur- den of the applicant to prove by a preponderance of the evidence before the planning 'and environmental com- mission that the proposed exterior alteration is in compliance with the purposes of the CC2 district as speci- fied in section 12-7C-1 of this article, that the proposal is consistent with applicable elements of the Vail village urban design guide plan and the Vail. village design considerations, and that the proposal does not otherwise nega- tively alter the character of the neigh- borhood; and that the proposal sub- stantially complies with all other appli- cable elements of the Vail comprehen- sive plan. 7. Approval: Approval of an exterior alteration under subsections .A5 and A6 of this section shall constitute approval of the basic form and loca- tion of improvements including siting, l~ building setbacks, bulk, height, build- ing bulk and mass, site improvements and landscaping. 8. Lapse Of Approval: Approval of a major or minor exterior alteration as prescribed by this article shall lapse and become void two (2) years follow- ing the date of approval of the major or minor exterior alteration by the planning and environmental commis- sion unless, prior to the expiration, a building permit is issued and construc- tion is commenced and diligently pur- ( - sued to completion. 9. Design Review Board Review: Any modification or change to the exterior facade of a building or to a site within the CC2 district .shall be reviewed by February 2004 Town of Vail 12-7C-5 the design review board in accordance with chapter 11 of this title. B. Compliance Burden: It shall be the burden of the applicant to prove by a preponderance of the evidence before the design review board that the pro- posed building modification is in com- pliance with the purposes of the CC2 district as specified in section 12-7C-1 of this article; that .the proposal sub- stantially complies with the Vail village design considerations or that the pro- posal does not otherwise alter the character of the neighborhood. (Ord. 5(2003) § 8: Ord. 31(2001) § 8: Ord. 1(1998) § 1: 1997 Code: Ord. 4(1993) § 2: Ord. 7(1984) § 1: Ord. 4(1983) § 1: Ord. 25(1982) § 1(e): Ord. 21(1980) § 2) 12-7C-6: ACCESSORY USES: The follow- ing accessory uses shall be permitted in the CC2 district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Minor arcade. Amusement devices shall not be visible or audible from public way, street, walkway or mall area. Outdoor dining areas operated in conjunc- tion with permitted eating and drinking es- tablishments. Swimming pools, tennis courts, patios or other recreation facilities customarily inci- dental to permitted residential or lodge uses. Other uses customarily incidental and ac- cessory to permitted or conditional uses, 12-7C-10 and necessary for the operation thereof. (Ord. 31(2001) § 8: Ord. 6(1982) § 4(a}: Ord. 8(1973) § 9.500) 12-7C-7: LOT AREA AND SITE DIMEN- SIONS: The minimum lot or site area shall be ten thousand (10,000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30'). Each site shall be of a size and shape ca- pable of enclosing a square area eighty feet (80') on each side within its boundaries. (Ord. 31(2001) § 8: Ord. 12(1978) § 3) 12-7C-8: SETBACKS: In the CC2 district the minimum front setback shall be ten feet (10'); the minimum side setback shall be ten feet (10'); and the minimum rear setback shall be ten feet (10') unless otherwise specified in the Vail village urban design guide plan and design consider- ations. (Ord. 31(2001) § 8: Ord. 21(1980) § 2) 12-7C-9: HEIGHT: For a flat roof or man- sard roof, the height of buildings shall not exceed forty five feet (45'). For a sloping roof, the height of buildings shall not exceed forty eight feet (48'). These restrictions pertain unless otherwise speci- fied by the Vail village urban design guide plan and urban design considerations. (Ord. 31(2001) § 8: Ord. 37(1980) § 2) 12-7C-10: DENSITY CONTROL: Unless otherwise specified in the Vail village urban design guide plan, not more than eighty (80) square feet of gross resi- dential floor area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area. Total density shall not exceed twenty five (25) dwelling units per r February 2004 Town of V¢il 12-7C-10 acre of buildable site area. Each accommo- dation unit shall be counted as one-half ('/2) of a dwelling unit for purposes of calculat- ing allowable units per acre. A dwelling unit in a multiple-family building may include one attached accommodation unit no larger than one-third ('/3) of the total floor area of the dwelling. (Ord. 31(2001) §§ 3, 5, 8: Ord. 21(1980) § 2) 12-7C-11: SITE COVERAGE: Site cover- age shall not exceed seventy percent (70%) of the total site area, unless otherwise specified. in the Vail village urban design guide plan and design consider- ations. (Ord. 31(2001) § 8: Ord. 17(1991) § 9: Ord. 21(1980) § 2) 12-7C-12: LANDSCAPING AND SITE DE- VELOI'1VIENT: At least twenty percent (20%) of the total site area shall be landscaped unless otherwise specified in the Vail village urban design guide plan and design considerations. (Ord. 31(2001) § 8: Ord. 21(1980) § 2) 12-7C-13: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least one-half ('/2) the re- quired parking shall be located within the main building or buildings. No parking or loading area shall be located in any re- quired front setback. area. (Ord. 31(2001) § 8: Ord. 8(1973) § 9.610) 12-7C-14: LOCATION OF BUSINESS AC- TIVITY: A. Limitations; Exception: All offices, businesses and services permitted by section 12-7C-3 of this article, shall be operated and conducted entirely within 12-7C-15 //r:.. ;. a building, except for permitted unen- k ' closed parking or loading areas and the outdoor display of goods. B. Outdoor Displays: The area to be used for outdoor display must be located directly in front of• the estab- lishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entranc- es and exits, driveways and streets shall not be obstructed by outdoor display. (Ord. 31(2001) § 8: Ord. 34(1982) § 2: Ord. 8(1973) § 9.611) 12-7C-15: VAIL VILLAGE URBAN DE- SIGN GUIDE PLAN Al\TD DE- SIGN CONSIDERATIONS: A. Adoption: The Vail village urban de- sign guide plan and design consider- ations are adopted for the purpose of maintaining and preserving the char- acter and vitality of Vail village (CC2) and to guide the future alterations, change and improvement in the CC2 district. Copies of the Vail village urban design guide plan and design considerations shall be on file in the department of community develop- . ment. B. Revisions: Revisions to the Vail vil- lage urban design guide ~ plan and design considerations shall be re- viewed by the planning and environ- mental commission with official action to be taken by the town council by resolution on a semiannual basis to ensure that the plan reflects the pur- poses and intent for which it has been adopted. The review and action shall take place within thirty (30) days fol- lowing the public hearing on the appli- cations. (Ord. 31(2001) . § 8: Ord. ~ 21(1980) § 2) ~' 1. February 2004 Town of V¢il ' 12-7D-1 12-7D-1 CHAPTER 7 COMMERCIAL AND BUSINESS DISTRICTS ARTICLE D. COMII~ERCIAL CORE 3 (CC3) DISTRICT SECTION: 12-7D- 1: Permitted Uses 12-7D- 2: Conditional Uses 12-7D- 3: Accessory Uses . 12-7D- 4: Lot Area And Site Dimensions 12-7D- 5: Setbacks 12-7D- 6: Height 12-7D- 7: Density Control 12-7D- 8: Site Coverage 12-7D- 9: Landscaping And Site Development 12-7D-10: Parking And Loading 12-7D-1 1: Location Of Business Activity 12-7D-1: PERMITTED USES: The follow- ing uses shall be permitted in the commercial core 3 district: Banks and' financial institutions. Eating and drinking establishments, includ- ing the following: Cocktail lounges, taverns and bars. . . Coffee shops. Fountain and sandwich shops. Restaurants. Health clubs. Personal services and repair shops, includ- ing the following: Barbershops. Beauty shops. Business and officer services. Cleaning and laundry pick up agen- cies without bulk cleaning or dyeing. Coin operated or self service laun- dries. Shoe repair. .Small appliance repair shops, exclud- ing furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional .offices, business offices, arid studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Auto parts stores. Town of V¢il December -2001 12-7D-1 12-7D-2 Bakeries and confectioneries, prepa- Music and record stores. i ration of products for sale on the pre- mises. Newsstands and tobacco stores. Bookstores. Photographic studios. Building materials stores without out- Radio and television broadcasting door storage. studios. Camera stores and photographic stu- Radio and television stores and repair dios. shops. Candy stores. Sporting goods stores. Chinaware and glassware stores. Stationery stores. Delicatessens and specialty food .Supermarkets. stores. Toy stores. Department and general merchandise stores.. Variety stores. Drugstores and pharmacies. Yardage and dry goods stores. Florists. Additional offices, business, or services determined to be similar to permitted uses Food stores. in accordance with the provisions of this section. (Ord. 30(1986) § 1: Ord. 11(1981) - Furniture stores. § 1) Gift stores. 12-7D-2: CONDITIONAL USDS: The Hardware stores. following conditional uses shall be permitted in the commercial core 3 dis- Health food stores. trict, subject to issuance of a conditional use permit in accord with the provisions of Hobby stores. chapter 16 of this title: Household appliance stores. Any use permitted by section 12-7D-1 of this article which is not conducted entirely Jewelry stores. within a building. Leather goods stores. Bed and breakfast as further regulated by section 12-14-18 of this title. Liquor stores. Brew pubs. ~ December 2001 Town of Vail • 12-7D-2 Child daycare center. Commercial laundry and cleaning services, bulk plant. Commercial storage. Dog. kennel. Drive up facilities. Major arcade. Massage parlors. Outside car wash. Pet shops. Public buildings, grounds, and facilities. Public .park and recreation facilities. Public utility and public service uses. Radio and television signal relay transmis- sion facilities. Theaters, meeting rooms, and convention facilities. Transportation businesses. Type III employee housing units (EHU) as provided in chapter 13 of this title. (Ord. 17(2001) § 2: Ord. .6(2000) § 2: Ord. 10(1998) §§ 5, 6, 8: Ord. 1(1997) § 3: Ord. 16(1996) § 2: 'Ord. 8(1992) § 22: Ord. 31(1989) § 10: Ord. 30.(1986) § 2: Ord. 23(1983) § 1: Ord. 19(1983) § 1: Ord. 20(1982) § 5: Ord. 6(1982) § 5(a): Ord. 11(1981) § 1) 12-7D-7 12-7D-3: ACCESSORY USES: The follow- . ing accessory uses shall be permitted in the commercial core 3 district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Minor arcade. Swimming pools, tennis courts, patios, or other recreation facilities customarily inci- dental to conditional residential. Other uses customarily incidental and ac- cessory to permitted or .conditional uses,. and necessary for the operation thereof. (Ord. 6(1982) § 5(b): Ord. 11(1981) § 1) 12-7D-4: LOT AREA AND SITE DIMEN- SIONS: The minimum lot or .site area shall be twenty five thousand (25,000) square feet of buildable area, and each site shall have a minimum frontage of one hun- dred feet (100'). (Ord. 11(1981) § 1) 12-7D-5: SETBACKS: In the commercial core. 3 district, the setback shall be twenty feet (20') on all exterior bound- aries of the zone district.: (Ord. 11(1981) § 1) 12-7D-6: HEIGHT: For a flat roof or man- sard roof, the height of buildings shall not exceed thirty five feet (35'). For a sloping roof, the height of buildings shall not exceed thirty eight feet (38'). (Ord. 11(1981) § 1) 12-7D-7: DENSITY CONTROL: Not more than thirty (30) square feet of Town of V¢il ~. December 2001 t 12-7D-7 12-7D-11 I gross residential floor area (GRFA) shall be B. Outdoor Display Areas: The area to permitted for each one hundred (100) be used for outdoor display must be square feet of buildable site area. Total located directly in front of the estab- density shall not exceed twelve (12) dwell- lishment displaying the goods and ing units per acre of buildable site area. entirely upon the establishment's own (Ord. 11(1981) § 1) property. Sidewalks, building entranc- es and exits, driveways ,and streets shall not be obstructed by outdoor 12-7D-8: SITE COVERAGE: Site cover- display. (Ord. 34(1982) § 3: Ord. age shall not exceed forty per- 11(1981) § 1) cent (40%) of the total site area. (Ord. 17(1991) § 10: Ord. 11(1981) § 1) 12-7D-9: LANDSCAPING AND SITE DE- VELOPMENT: At least twenty five percent (25%) of the total site shall be landscaped. The minimum width and length of any area qualifyirig as landscaping shall be fifteen feet (15') with a minimum area not less than three hundred (300) square feet. (Ord. 11(1981) § 1) 12-7D-10: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. No parking or loading area shall be located in any required front setback area. (Ord. 11(1981) § 1) 12-7D-11 : LOCATION OF BUSINESS AC=~ TIVITY: A. Limitation; Exception: All permitted and conditional .uses by sections 12-7D-1 and 12-7D=2 of this. article shall be operated and conducted en- tirely within a building, except for permitted loading areas and such activities as may be specifically autho- rized to be unenclosed by a condition- al use permit and the outdoor display of goods. c December 2001 Town of Vail 12-7E-1 CHAPTER? COMMERCIAL AND BUSINESS DISTRICTS 12-7E-2 ARTICLE E. COf~lIfV[ERCIAL SERVICE CENTER (CSC) DISTRICT SECTION: 12-7E-2: REQUIREMENTS FOR ESTAB- LISHMENT; DEVELOPMENT 12-7E- 1: Purpose PLAN: 12-7 E- 2: Requirements For ~ ~ _ Establishment; Development A. Review Required: Prior to the estab- Plan lishment of any commercial service 12-7E- 3: Permitted Uses center district or enlargement of dis- 12-7E- 4: Conditional Uses trict boundaries, the town council shall 12-7E- 5: Accessory Uses by resolution adopt a general develop- 12-7E- 6: Lot Area And Site Dimensions ment plan for the proposed district. 12-7E- 7: Setbacks The development plan may be pre- 12-7E- 8: Height pared by an applicant for the estab- 12-7E- 9: Density Control lishment of the district or may be pre- 12-7E-10: Site Coverage pared by the town. The development 12-7E-11: Landscaping And Site plan shall be submitted to the plan- e ~ Development Wing and environmental commission 12-7E-12: Parking And Loading for. review, and the planning and envi- 12-7E-13: Location Of Business Activity ronmental commission shall submit its findings and recommendations on the plan to the town council. 12-7E-1: PURPOSE: The commercial B. Plan Content: The administrator shall service center district is intended establish the submittal requirements to provide sites for general shopping and for a development plan application. A commercial facilities serving the town, to- complete list of the submittal require- gether with limited multiple-family dwelling ments shall be maintained by the and lodge uses as may be appropriate administrator and filed in the depart- without interfering with the basic commer- ment of community development. cial functions of the district. The commer- Certain submittal requirements may ~ cial service center district is intended to be waived and/or modified by the ensure adequate light, air, open space, and administrator and/or the reviewing other amenities appropriate to permitted body if it is demonstrated by the appli- types of buildings and uses, and to main- cant that the information and materials tain a convenient shopping center environ- required are not relevant to the pro- ment for permitted commercial uses. (Ord. posed development or applicable to 8(1973) § 10.100) the planning documents that comprise the Vail comprehensive plan. The administrator and/or the reviewing ~ r February 2004 Town of Vail ' 12-7 E-2 body may require the submission of additional plaris, drawings, specifica- tions, samples and other materials if deemed necessary to properly evalu- ate the .proposal. C. Plan To Be Guide: The development plan shall be used as a guide for the subsequent development of sites and the design and location of buildings and grounds within the district. All plans subsequently approved by the design review board in accordance with chapter 11 of this title shall sub- stantially conform with the develop- ment plan adopted by the town coun- cil. (Ord. 5(2003) § 9: Ord. 8(1973) § 10.200) 12-7E-3: PEK112ITTED USES: The follow- ing uses shall be permitted in the CSC district: Banks and financial institutions. Eating and drinking establishments, includ- ing the following: Bakeries and delicatessens- with food service. Cocktail lounges, taverns, and bars. Coffee shops. Fountains and sandwich shops. Restaurants. Personal services and repair shops, includ- ing the following: Barbershops. Beauty shops. February 2004 12-7E-3 Business and office services. Cleaning and laundry pick up agen- cies without bulk cleaning or dyeing. Coin operated or self-service laun- dries. Small appliance repair shops, exclud- ing furniture repair. Tailors and dressmakers. Travel and ticket agencies Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries Bakeries and confectioneries., includ- ing preparation of products for sale on the premises. Bookstores. Building materials stores without out- door storage. Camera stores and photographic stu- dios. Candy stores. Chinaware and glassware stores. Town of V¢i1 12-7E-3 Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores and pharmacies. Florists. Food stores. Furniture stores. Gift stores. Hardware stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Pet shops. Photographic studios. Radio and television broadcasting studios. Radio and television stores and repair shops. Sporting goods stores. c 12-7E-4 Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. . Additional offices, businesses; or services determined to be similar to permitted uses . in accordance with the provisions of section 12-7E-2 of this article. (Ord. 16(1996) § 3: Ord. 27(1990) § 2: Ord. 8(1973) § 10.300) 12-7E-4: CONDITIONAL USES: The following conditional uses shall be permitted in the CSC ;district, subject to issuance of a conditional use permit in accordance with the provisions of -chapter 16 of this title: Any use permitted by section 12-7E-3 of this article, which is not conducted entirely within a building. Bed and breakfast as further regulated by section 12=14-18 of this title. Breve pubs. Child daycare center. Commercial laundry and cleaning services. Dog kennel. Major arcade. .Multiple-family dwellings and lodges. Outdoor operation of the' accessory uses as set forth in section 12-7E-5 of this article. February 2002 Town of Vail 12-7E-4 Private clubs. Public buildings, grounds and facilities Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Theaters, meetings rooms, and convention facilities. Type III employee housing units (EHU) as provided in chapter 13 of this title. (Ord. 24(2001) § 9: Ord. 17(2001) § 2: Ord. 6(2000) § 2: Ord. 10(1998) §§ 2, 5: Ord. 22(1997) § 2: Ord. 16(1996) § 4: Ord. 14(1996) § 2: Ord. 8(1992) § 23: Ord. 27(1990) § 4: Ord. 31(1989) § 11: Ord. 20(1982) § 5: Ord. 6(1982) § 6(a): Ord. 10(1975) §, 3: Ord. 8(1973) § 10.400) 12-7E-5: ACCESSORY USES: The follow- ing accessory uses shall be permitted in the CSC district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Minor arcade. Swimming pools, tennis courts, patios, or other recreation facilities customarily inci- dental to conditional residential or lodge uses. Other uses customarily incidental and ac- cessory to permitted or conditional uses, and necessary for .the operation thereof. (Ord. 6(1982} § 6(b): Ord. 8.(.1973) § 10.500) 12-7E-10 12-7E-6: LOT AREA AND SITE DINIEN- SIONS: The minimum lot or site area shall be twenty thousand (20,000) square feet of buildable .area, and each site shall have a minimum frontage of one hun- dred feet (100'). (Ord. 12(1978) § 3) 12-7E-7: SETBACKS: In the CSC district, the minimum front setback shall be twenty feet (20'), the minimum side setback shall be twenty feet (20'), and the minimum rear setback shalt be twenty feet (20'). (Ord. 50(1978) § 2) 12-7E-8: HEIGHT: For a flat or mansard roof, the height of buildings shall not exceed thirty five feet (35'). Fora slop- ing roof, the height of buildings shall not exceed thirty eight feet (38'). (Ord. 37(1980) § 2) 12-7E-9: DENSITY CONTROL: Not more than forty (40) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area, and gross residential floor area shall not exceed fifty percent (50%) of total building floor area on any site. Total density shall not exceed eighteen (18) dwelling units per. acre of buildable site area. A dwelling unit in amultiple-family building may include one attached accommodation unit no larger than one-third ('/3) of the total. floor .area of the dwelling. (Ord. 31(2001) § 5: Ord. 50(1978) § 19: Ord. 12(1978) § 2) 12-7E-10: 51TE COVERAGE: Site cover- age shall not exceed seventy five percent (75%) of the total site area. (Ord. 17(199.1) § 11: Ord. 8(1973) § 10.607) February 2002 Town of Vail 12-7E-1 1 12-7E-11 : LANDSCAPING AND SITE DE- VELOP~IENT: At least twenty percent (20%) of the total site shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15') with a minimum area not less than three hundred (300) square feet. (Ord. 19(1976) § 11A: Ord. 8(1973) § 10.609) ( :' 12-7E-12: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least one-half ('/~). of the required parking shall be located within the main building or buildings. No parking or loading area shall be located in any re- quired front setback area. (Ord. 19(1976) § 11A: Ord. 8(1973} § 10.610) 12-7E-13: LOCATION OF BUSINESS AC- TIVITY: A. Limitations; Exception: All permitted and conditional uses by sections 12-7E-3 and 12-7E-4 of this article shall be operated and conducted en- tirely within a building except for per- mitted parking and loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the .outdoor display of goods. , B. Outdoor Display: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own. property. Sidewalks, building entrances and exits; driveways and streets shall not be obstructed by outdoor display. (Ord. 34(1982) § 4) c Town of Vail 12-7E-13 February 2002 12-7F-1 CHAPTER 7 COMMERCIAL AND BUSINESS DISTRICTS ARTICLE F. ARTERIAL BUSINESS (ABD) DISTRICT 12-7 F-2 SECTION: shopping, business, service, and residential environment. (Ord. 32(1988) § 2) 12-7F- 1: Purpose ' , 12-7 F- 2: General Circulation And Access ~ ~ ~ Plan 12-7F-2: GENERAL CIRCULATION AND 12-7F- 3: Permitted Uses ACCESS PLAN: 12-7F- 4: Conditional Uses 12-7F- 5: Accessory Uses A. Plan Required: Prior to any design 12-7F- 6: Lot Area And Site Dimensions review board approval for a building in 12-7F- 7: Setbacks the arterial business district or en- 12-7F- 8: Height largement of an existing arterial busi- 12-7F-. 9: Density Control Hess district by change of district 12-7F-10: Site Coverage boundaries the planning and environ- 12-7F-11: Floor Area Ratio mental commission shall adopt a gen- 12-7F-12: Landscaping And Site eral circulation and access plan for -- Development ~'" the proposed district. (- 12-7F-13: Parking And Loading 12-7F-14: Location Of Business Activity B. Plan Content: The administrator shall establish the submittal requirements for a general circulation and access plan application. A complete list of the 12-7F-1: PURPOSE: The arterial business submittal requirements shall be main- district is intended to provide tained by the administrator and filed in sites for office space, public utilities, ser- the department of community develop- vice stations, limited light industry having ment. Certain submittal requirements no adverse environmental impacts. that may be waived and/or modified by the provides significant on site tourist amenities ,administrator and/or the reviewing and limited shopping and commercial facili- body if it is demonstrated by the appli- ties serving the town and Upper Eagle Val- cant that the information aril materials ley residents and guests. Multiple-family ~ required are not relevant to the pro- dwellings for use as employee housing will posed development or applicable to be appropriate under specific circumstanc- the planning documents that comprise es. The arterial business district is intended the Vail comprehensive plan. The to ensure adequate light, air, open space, administrator and/or the reviewing and other amenities appropriate to permit- body may require the submission of ted and conditional types of buildings and additional plans, drawings, specifica- uses, and to maintain a convenient (limited) tions, samples and other materials if February 2004 Town of Vail 12-7 F-2 12-7F-3 deemed necessary to properly evalu- sory and/or supportive of office uses and `. ~:' ate the ;proposal. shall be permitted on the first (street) level: C. Plan Used As Guide: The general Barbershops. circulation and access plan shall be used as a guide for the subsequent Beauty shops. development of sites and the design and location of buildings and grounds Shoe repair. within the district. All plans subse- quently approved by the design review Tailors and dressmakers. . board in accordance with chapter 11 of this title shall substantially conform Travel and ticket agencies. ~~ ~ to the plan adopted by the planning ~ and environmental commission: Professional and business offices and stu- dios; radio and television broadcasting D. Amendments To Plan: The general studios. circulation and access plan can be amended by the planning. and environ- Retail .stores and establishments, as fol- mental commission at a public hear- lows, are deemed to be generally accessory ing. and/or supportive of office uses and are therefore permitted so long as they do not E. Prior Approval Required: Before a exceed eight thousand (8,000) square feet building permit is issued on any build- in floor area for each such business use ing, design guidelines for streets and -and so long as they are located on the first parking lot fights, pavement treatment (street) level: and benches, must be submitted and approved by the department of com- Art supply stores. munity development. (Ord. 5(2003) § 10: O.rd. 5(1982) § 1) Bookstores. 12-7F-3: PERMITTED USES:. The follow- . in.g uses shall be permitted in the arterial business district: Eating and drinking establishments, as follows, are permitted on the first (street) level: Cocktail lounges, taverns and bars. Coffee shops, fountains, sandwich shops and restaurant. Personal services and, repair shops, as follows, are deemed to be generally acces- Drugstore. Florist. Newsstand. Pharmacies. Stationery stores. Tobacco stores. Additional offices, businesses or services determined to be similar to permitted uses in accordance with the provisions of section 12-7F-1 of this article. (Ord. 35(1982) §§ 1, 3: Ord. 5(1982) § 1) February 2004 Town of V¢il 12-7F-4 12-7F-4 ,. 12-7F-4: CONDITIONAL USES: cumulative impacts of generating traffic in the arterial business district A. Enumerated: The following conditional and will receive review under .the uses shall be permitted in the arterial provisions of chapter 16 of this title business district, subject to the issu- with specific emphasis on the criteria ance of a conditional use permit in of traffic generation: accordance with the provisions of chapter 16 of this title: Apparel stores. Any use permitted by section 12-7F-3 Bakeries and confectioneries: of this article, which is not conducted entirely within a building. Banks and financial institutions: Bed and breakfast as further provided . Brew pubs. by section 12-14-18 of this title. Business and office services. Brew pubs. Camera stores. Child daycare center. Child daycare center. Microbrewery. Cleaning and laundry pick up agen- Private off street surface parking. cies without bulk cleaning or dyeing. Public buildings, grounds and facili- Convenience food stores, restricted to ties. a maximum of eight thousand (8,000) square feet and no more than thirty Public park and recreation facilities. three percent (33%) of the gross building area of the entire structure. Public utility and public services uses,, including screened outside storage. Furniture stores. Service yards. Hardware stores. Transportation businesses. Health food stores. Type III employee housing units Hobby stores. (EHU) as provided in chapter 13 of this title. Household appliance stores. B. ,Subject To Review: • The following Liquor stores. uses shall be permitted on the first (street) level floor within a structure Music and record stores. subject to the issuance of a condition- al use permit and are listed as such Nursery and garden supply. due to their potential individual and Town of Vail December 2001 12-7F-4 Outside car wash. Pet shops. Public and private health facilities. Service stations. Small. appliance repair shops, exclud- ing furniture repair. Theater. Yardage and dry good stores. (Ord. 17(2001) § 2: Ord. 6(2000) § 2: Ord. 10(1998) §§. 5, 8: Ord. 1 (1997) § 4: Ord. 16(1996) §§ 5, 6: Ord. 8(1992) §§ 24, 25: Ord. 5(1990) § 1: Ord. 31(1989) § 12: Ord. 32(1988) § 1 Ord. 33(1986) § 1: Ord. 35(1982) § 2: Ord. 5(19.82) § 1) 12-7F-5: ACCESSORY USES: The follow- ing accessory uses shall be permitted in the arterial business district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title: Minor arcade. Swimming pools, tennis .courts, patios, or . other recreation facilities customarily inci- dental to conditional residential. Other uses customarily incidental and ac- cessory to permitted or conditional uses, and necessary for the operation thereof.. (Ord. 5(1982) § 2) 12-7F-6: LOT AREA AND SITE DIMEN- SIONS: The minimum lot or site 12-7F-8 shall be twenty five thousand (25,000) square feet of buildable site area, and each site shall have a minimum frontage of .one hundred feet (100'). (Ord. 5(1982) § 1) 12-7F-7: SETBACKS: In the arterial busi- ness district, setbacks shall be as follows: A. Side: Fifteen feet (15') where building height is less than twenty feet (20'); twenty feet (20') where building, height is over twenty feet (20'). B. Rear: Ten feet (10'}. C. Underground Parking: There will be no setback required for underground parking. D. Property Line Adjacent . To South Frontage Road: Where a setback occurs at a property line adjacent to the South Frontage Road, a maximum of sixty percent (60%) of the length of the setback may be kept to the mini- mum fifteen foot (15') distance from the property line. The remaining forty percent (40%) of the length of the setback shall be twenty feet (20') or more distant from the property line. . (Ord. 5(1982) § 1) 12-7F-8: HEIGHT: No more than seventy percent (70%) of the roof area may exceed thirty two feet (32') and none. j of the roof area may exceed forty feet (40').. - Minimum slope of the roof shall be three feet (3') in twelve feet (12'). Ten percent (10%) of the roof may be_flat to allow for a transition of rooflines. (Ord. 5(1982) § 1) December 2001 Town of Vail 12-7F-9 12-7F-9: DENSITY CONTROL: Not more than sixty (60) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area. (Ord. 6(2000) § 2: Ord. 5(1982) § 1) 12-7F-10: SITE COVERAGE: Site cover- age shall not exceed sixty per- cent (60%) of the total site area. (Ord. 17(1991) § 12: Ord. 5(1982) § 1) 12-7F-11: FLOOR AREA RATIO: Not more than seventy five one-hun- dredths (0.75) floor area ratio (FAR) shall be permitted on any site or lot. Up to five-tenths (0.5) FAR will not require any covered parking. All FAR above five-tenths (0.5) will require covered or enclosed park- ing equal in percentage to the FAR. FAR is calculated by dividing the total gross floor area within the enclosing walls of a struc- ture by the total site area of the property. (Ord. 5(1982) § 1) 12-7F-12: LANDSCAPING AND SITE DE- VELOPMENT: At least twenty five percent (25%) of the total site shall be landscaped, plus the area between the property .Line and the shoulder of surfaced roads: The minimum width and length of any area qualifying as landscaping shall be ten feet (10') with a minimum area of not less than three hundred (300) square feet. (Ord. 5(1982) § 1 ) 12-7F-13: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. No loading area shall be locat- ed in any required front setback area. Park- ing will be based upon the gross floor area 12-7F-14 (as defined in section 12-2-2 of this title) of a building for commercial and business type uses. No drives, parking or loading areas are,Permitted in the front setback except for the ingress and egress drive. (Ord. 5(1982) § 1) 12-7F-14: LOCATION OF BUSINESS AC- TIVITY: All permitted and condi- tional uses established by sections 12-7F-3 and 12-7F-4 of this article shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use per- mit. (Ord. 5(1982) § 1) December 2001 Town of Vail 12-7H-1 CHAPTER7 COMMEr^,CIAL AND BUSINESS DISTRICTS A~RTlCLE ~i. L1~NS iEAD M1XLD USE ~ (! MU-1) DIS i RIC7 SECTION: 12-7H- 1.: Purpose 12-7H- 2: Permitted And Conditional Uses; Basement Or Garden Leve! 12-7H- 3: Permitted And Conditional Uses; First Floor Or Street Level 12-7H- 4: Permitted And Conditional Uses; Second Floor And Above 12-7H- 5: Conditional Uses; Generally (On All Levels Of A Building Or Outside Of A Building) 12-7H- 6: Accessory Uses 12-7H- 7: Exterior Alterations Or Modifications 12-7H- 3: Compliance Burden 12-7H- 9: Lot Area And Site Dimensions 12-7H-10: Setbacks 12-7H-11: Height And Bulk 12-7H-12: :Density (Dwelling Units Per Acre) 12-7H-13: Gross Residential Floor Area (GRFA) 12-7H-14: Site Coverage 12-7H-15: Landscaping And Site Developri~ent 12-7H-16: Park'sng And Loading ~2-7H-17: Location Of Business Activity 12=7H-13: - Mitigation Of Development Impacts 12-7H-1: PtiRPOSE: The Lionshead Mixed Use 1 District is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, 12-7H-1 restaurants, offices, skier services; and commercial establishments in ,a clustered, unified development. Lionshead Nlixed Use 1 District, in accordance with the Lionshead Redevelopment Nlaster Plan, is intended to. ensure adequate light, air, open space arid other amenities approp;ria.te to the permitted types of buildings and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards. This District is meant to encour- age and provide incentives for redevelop- ment in accordance with the Lionshead Redevelopment.Master Plan. This Lone District was specifically devel- oped to provide incentives for properties to redevelop. The ultimate goal of these incen- tives is to create an economically vibrant lodging,. housing, and commercial core area. The .incentives ~in this Lone District include increases in allowable gross .resi- dential floor area., building height, and den- sity over the previously established zoning in the Lionshead Redev.eloPment Master. Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead Redevelop- ment Master Plan. Additionally, the incen- tives are created to help finance public of~- site improverriehts adjacent to redevelop- ment projects. With any. . develop- ment/redevelopment proposal taking advan- tage of the incentives created herein, the following amenities will be evaluated:. streetscape improvements, pedestri- an/bicycle access, public plaza redevelop- r June 2000 Town of ticil . 12-7H-3 B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski .school, skier ser- 12-7H-4 ployee housing units (type III (EHU) as provided in chapter 13 of this title). Radio, TV stores, and repair shops. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with . the provisions of section 12-3-4 of this title. (Ord. 6(2000) ~ 2: Ord. 3(1999) § 1) vices, and daycare. 12-7H-4: PERI~ZITTED AND CONDI- TIONAL USES; SECOND Travel agencies. FLOOR AND ABOVE: Additional uses determined to be A. Permitted Uses; Exception: The fol- similar to permitted uses described in lowing uses shall be permitted on this subsection, in accordance with those floors above the first floor within the provisions of section 12-3-4 of this a structure: title. C. Conditional Uses: The following uses shall be permitted on the first floor or street- level floor within a structure, ,subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Barbershops, beauty shops and beau- ty parlors: Conference facilities and meeting rooms. Financial institutions,' other than banks. Liquor stores. Lodges and accommodation units. Multiple-family residential dwelling units,- timeshare units, fractional fee - clubs, lodge dwelling units, and em- Lodges and accommodation units. Multiple=family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and em- ployee housing units (type III (EHU) as provided in chapter 13 of this title). Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. B. Conditional Uses: The following uses shall be permitted on second floors and higher above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Town of Vail Banks and financial institutions. Conference facilities and meeting rooms. ~ August 2004 12-7H-6 12-7H-7 Outdoor dining areas operated in conjunc- tion with permitted eating and drinking es- tablishments. Swimming pools, tennis courts, patios or other recreation facilities customarily inci- dental to permitted residential or lodge uses. Other uses customarily incidental and ac- cessory to permitted or conditional uses, l and necessary for the operation thereof. (Ord. 3(1999) § 1) 12-7H-7: EXTERIOR ALTERATIONS OR MODIFICATIOI~TS: A. Review Required: The construction of a new building or the alteration of an existing building that is not a .major exterior alteration as described in subsection B of this section shall be -. reviewed by the design review board ~~ in accordance with chapter 11 of this title. 1. Submittal Items Required: The submittal items required for a project that is not a major exterior alteration shall be provided in accordance with section 12-11-4 of this title. B. Major Exterior Alteration: The con- struction of a new building or the alter- ation of an existing building which adds additional dwelling units, accom- modation units, fractional .fee club units, timeshare units, any project which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the admin- istrator) shall be reviewed by the plan- ning and environmental commission Town of jTail as a major exterior alteration in accor- dance with this chapter and section 12-3-6 of this title. Any project which requires a conditional use permit shall also obtain approval of the planning and environmental commission in accordance with chapter 16 of this title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the depart- . ment of community development for planning and environmental commis- sion and design review board review. 1. Submittal Items Required, Major Exterior Alteration: The following sub- mittal items are required: a. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the administrator. Any application for condominiumized build- ings shall be authorized by the condo- miriium association in conformity with all pertinent requirements of the con- dominium association's declarations. b. Application; Contents: The ad- ministrator shall establish the submit- tal requirements for an exterior alter- ation or modification application. A complete list of the submittal require- ments shall be maintained by the administrator and filed in the depart= ment of community development. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrated by the appli- cant that the information and materials required are not relevant to the pro- posed development or applicable to the planning documents that comprise February 2004 12-7H-1 1 and approved by the design review board (Ord. 3(1999) § 1) 12-7H-12: DENSITY (DWELLING UNITS PER ACRE): Up to a thirty three percent (33%) increase over the existing number of dwelling units on a property or thirty five (35) dwelling units per acre, whichever is greater shall be allowed. For the purpose of calculating density, employ- ee housing units,. accommodation units, timeshare units, and fractional fee club units shall not be counted as dwelling units. Additionally, a "lodge dwelling unit", as defined herein, shall be counted as twenty five percent (25%) of a dwelling unit for the purpose of calculating density. A dwelling unit in amultiple-family building may include one attached accommodation unit no larger than one-third ('/3) of the total floor area of the dwelling. (Ord. 31(2001) § 5: Ord. 3(1999) § 1) 12-7H-13: CTROSS RESIDENTLAL FLOOR AREA (GRFA): Up to two hun- dred fifty (250) square feet of gross resi- dential floor area shall be allowed for each one hundred (100) square feet of buildable site area, or an increase of thirty three percent (33%) over the existing GRFA found on the property, whichever is greater. Multiple-family dwelling units in this zone district shall not be entitled to additional gross residential floor area under section 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance)", of this title. (Ord. 3(1999) § 1) 12-7H-14: SITE COVERAGE: Site cover- age shall not exceed seventy percent (70%) of the total site area, unless 12-7H-18 otherwise specified in the Lionshead rede- velopment master plan. (Ord. 3(1999) § 1) 12-7H-15: LANDSCAPING AND SITE DE- VELOPMENT: At least twenty percent (20%) of the total site area shall be landscaped, unless otherwise specified in the Lionshead redevelopment master plan. (Ord. 3(1999) § 1) 12-7H-16: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least one-half ('/2) the re- quired parking shall be located within the main building or buildings. (Ord. 3(1999) § 1) 12-7H-17: LOCATION OF BUSINESS AC- TIVITY: A. Limitations; Exception: All offices, businesses and services permitted by zone district, shall be operated and conducted entirely within a building, except for permitted unenclosed park- ing or loading areas, the outdoor dis- play of goods, or outdoor restaurant seating. B. Outdoor Displays: The .area to be used for outdoor display must be located directly in front of the estab- lishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entranc- es and exits, driveways and streets shall not be obstructed by outdoor display. (Ord. 3(1999) § 1) 12-7H-18: MITIGATION OF DEVELOP- MENT IMPACTS: Property own- February 2004 Town of Vail 12-71-1 CHAPTER? COMMERCIAL AND BUSINESS DISTRICTS SECTION: 12-71- 1: 12-71- 2: 12-71- 3: 12-71- 4: 12-71- 5: i 2-71- 6: 12-71- 7: 12=71- 8: 12-71- 9: 12-71-10: 12-71-11: 12-71-12: 12-71-13 12-71-14 12-71-15 12-71-16 12-71-17 12-71-18 ARTICLE I. L10NSHEAD MIMED USE 2 (LMU-2) DISTRICT Purpose Permitted And Conditional Uses; Basement Or Garden Level Permitted And Conditional Uses; First Floor Or Street Level Permitted And Conditional Uses; Second Floor And Above Conditional Uses; Generally (On All Levels Of A Building Or Outside Of A Building) Accessory Uses Exterior Alterations Or Modifications Compliance Burden Lot Area And Site Dimensions Setbacks Height And Bulk Density (Dwelling Units Per Acre) Gross Residential Floor Area (GRFA} Site Coverage Landscaping And Site Development Parking And Loading Location Of Business.Activity Mitigation Of.Development l mpacts 12-71-1: I'URI'OSE: The Lionshead Mixed Use 2 District is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, 12-71-1 restaurants, offices, skier services, light industrial activities, and commercial estab- lishments in a clustered, unified develop- ment. Lionshead Mixed Use 2 District, in accordance with the Lionshead Redevelop- ment Master Plan, is intended to ensure adequate Light, air, open space and other amenities appropriate to the permitted types of buildings and .uses and. to maintain the desirable qualities of the District. by establishing appropriate site development standards. This District is meant to encour- age and provide incentives for redevelop- ment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specifically -devel- oped to provide incentives for properties to redevelop. T;-~e ultimate goal of tf~ese incen- tives is to create an economically vibrant lodging, housing, .and commercial core area. The incentives in this Zone District include increases in allowable gross resi- dential floor area, building height, and den- sity over the previously established coning in the Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead Redevelop- ment Master Plan. Additionally, the incen- tives are created to help finance public, off- site; improvements adjacent to redevelop- ment projects. Public amenities which will be evaluated with redevelopment proposals taking advantage of the incentives created herein may include: streetscape improve- ments, pedestrian/bicycle access, public June 2000 Town of Vail 12-71-1 playa redevelopment, public art, roadway improvements, and similar improvements. (Grd. 3(1999) § 2) 12-71-2: PER?~IITTEI) ANZ) CONDI- TZONAL USES; PASEI~IENT OR GARDEN LEVEL: A. Definition: '! he "basement" or "garden level" shall be defined as that floor of a building that is entirely or substan- tially below grade. 6. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Commercial ski storage. Eating and drinking establishments. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage Recreation facilities. Retail establishments. Skier ticketing, ski school, skier ser= vices, and daycare.. Liquor stores. Lodges and accommodation units. Major arcade. itilultiple-family -residential dwelling .units, time-share units, fractional fee clubs, lodge dwelling units, and em- ployee housing units (Type !II (~HU) as provided in Chapter 13 of this Ti- tle). Radio, TV stores, and repair shops. Theaters. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. (Ord. 6(2000) § 2: Ord. 3(1999) § 2) 12-71-3: PEI:NIITTEZ~ AND CONDI- TION:~L USES; I+ZRST FLOOR OR STREET LEVEL: Travel agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. ,4. Definition: The "first floor" or "street level'' shall be defined as that floor of the building that is located at grade or street level along a pedestrianway. 12-71-3 C. Conditional Uses: The following uses shall be permitted in basement or garden levels within a structure, sub- ject to issuance of a conditional use permit in acccrdance with the provi- sions of Chapter 16 of this Title: Conference facilities and meeting rooms. June 2000 'town of Vail 12-71-3 B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walkup teller facilities. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school, skier ser- vices, and daycare. Travel agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. C. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 bf this title: Barbershops, beauty shops and beau- ty parlors. Conference facilities and meeting rooms. Financial institutions, other than banks. Liquor stores. Lodges and accommodation units. Multiple-family residential dwelling units, time share units, fractional fee clubs, lodge dwelling units, and em,- 12-71-4 ployee housing units (type III (EHU) as provided in chapter 13 of this title). Radio, TV stores, and repair shops. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. (Ord. 6(2000) § 2: Ord. 3(1999) §~2) 12-71-4: PERMITTED AND CONDI- TIONAL USES; SECOND FLOOR AND ABOVE: A. Permitted Uses; Exception: The fol- lowing ,uses shall be permitted on those floors above the first floor within a structure: Lodges and accommodation units B Multiple-family residential dwelling units, time share units, fractional fee clubs, lodge dwelling units, and em- ployee housing units (type III .(EHU) as provided in chapter 13 of .this title). Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. Conditional Uses: The following uses shall be permitted on second floors and higher above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Banks and financial institutions r .. Town of Vail December 2001 12-71-4 Conference facilities and meeting rooms. Eating and drinking establishments. Liquor stores. Personal services and repair shops. Professional offices, business offices and studios. Radio, TV stores, and repair shops. Recreation facilities. Retail establishments. Skier ticketing, ski school, skier ser- vices, and daycare. Theaters. Time share units and fractional fee CIUbS. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. (Ord. 6(2000) § 2: Ord. 3(1999) § 2) 12-71-5: CONDITIONAL USES; GENER- ALLY (ON ALL LEVELS O1+ A I3~UILDING OR OUTSIDE OI' A BUILD- ING): The following conditional uses shall be permitted, subject to issuance of a con- ditional use permit in accordance with the provisions of chapter 1 6 of -this title: Bed and breakfast as further regulated by section 12-14-18 of this title. Brew pubs. ~ Child daycare center. Coin operated laundries Commercial storage. Gasoline and service stations. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Public park and recreation facilities. Public utility and public service uses Ski lifts and tows. Television stations. Vehicle maintenance, service, repair, stor- age, and fueling. Warehousing. Additional uses determined to be similar to conditional uses described in this section, in accordance with the provisions of.section 12-3-4 of this title. (Ord. 17(2001) § 2: Ord. 3(1999) § 2) 12-71-6: ACCESSORY USES: The follow- . ing accessory uses shall be permitted in the Lionshead mixed use 2 district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of .section 12-14-12 of this title. Loading and delivery and parking facilities customarily incidental and accessory to permitted and conditional uses. December 2001 Town of Vail 12-71-6 Minor arcade. Offices, lobbies, laundry, and other facilities customarily incidental and accessory to hotels, lodges, and multiple-family uses. Outdoor dining areas operated in conjunc- tion with permitted eating and drinking es- tablishments. Swimming pools, tennis courts, patios or other recreation facilities customarily inci- ~` dental to permitted residential or lodge uses. Other uses customarily incidental and ac- cessory to permitted or conditional uses, and. necessary for the operation thereof. (Ord. 3(1999) § 2) 12-71-7: EYTERIOR ALTERATIONS OR MODIFICATIONS: r.':' ... A. Review Required: The construction of -- anew building or the alteration of an existing building shall be reviewed by the design review board in accordance with chapter 11 of this title. However, any project which adds additional dwelling units, accommodation units, fractional fee club units, timeshare units, any project which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any project which has sub- stantial off site impacts (as deter- i mined by the administrator) shall be reviewed by the planning and environ- mental commission as a major exteri- or alteration in accordance with this chapter and section 12-3-6 of this title. Any project which requires a condi- tional use permit shall also obtain approval of the planning and environ- mental commission in accordance with B Town of Vdil 12-71-7 chapter 16 of.this title. Complete ap- plications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the department of community de- velopment for planning and environ- mental commission and design review board review. Submittal Items Required: The follow- ing submittal items are required: 1. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all perti- nent requirements of the condominium association's declarations. 2. Application; Contents: The adminis- trator shall establish the submittal requirements for an exterior alteration or modification application. A com- plete list of the submittal requirements shall. be maintained by the administra- for and filed in the department of com- munity development. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrat- ed by the applicant that the informa- tion and materials required are not relevant to the proposed development or applicable to the planning docu- ments that comprise the Vail compre- hensive plan. The administrator and/or the reviewing body may require the submission of additional plans, draw- ings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. February 2004 12-71-7 C. , Work Sessions/Conceptual Review: If requested by either the applicant or the administrator, submittals may proceed to a work session with the planning and environmental commis- sion, a conceptual review with the design review board, or a work ses- Sion with the town council. D. Hearing: The public hearing before the planning and environmental commis- sion shall be held in accordance with section 12-3-6 of this title. The plan- ning ancf environmental commission may approve the application as sub- mitted, ,approve the application with _ conditions or modifications, or deny the application. The decision of the planning and environmental commis- sion may be appealed to the town council in accordance with section 12-3-3 of this title. E. Lapse Of Approval: Approval of an exterior alteration as prescribed by this article shall lapse and become void two (2) years following the date of approval by the design review board unless, prior to the expiration, a building permit is issued and construc- tion is commenced and diligently pur- sued to completion. Administrative extensions shall be allowed for rea- sonable and unexpected delays as long as code provisions affecting the proposal have riot changed. (Ord. 5(2003) § 12: Ord: 3(1999) § 2) 12-71-8: COMPLIANCE BURDEN: It shall be the burden of the appli- cant to prove by a preponderance of the evidence before the planning and environ- mental commission and the design review board that the- proposed exterior alteration or new development is in compliance with 12-71-12 the purposes of the Lionshead mixed use 2 district, that the proposal is consistent with applicable elements of the Lionshead rede- velopment master plan and that the propos- al does hot otherwise have a significant negative effect on the character of the neighborhood, and that the proposal sub- stantially complies with other applicable elements of the Vail comprehensive plan. (Ord. 3(1999) § 2) 12-71-9: LOT AREA AND SITE DIMEN- SIONS: The minimum lot or site area shall be ten thousand (10,000) square feet of buildable area. (Ord. 3(1999) § 2) 12-71-10: SETBACKS: The minimum build- ing setbacks shall be ten feet (10') unless otherwise specified in the Lionshead redevelopment master plan as a build to line. (Ord. 3(1999) § 2) 12=71-11: HEIGHT AND BULK: Buildings .shall have a maximum average building height of seventy one .feet (71') with a maximum height of 82.5 feet, as further defined by the Lionshead redevelop- ment master plan. All development shall comply with the design guidelines and stan- dards found in the Lionshead redevelop- ment master plan. Flexibility with the stah- dard, as incorporated in the . Lionshead redevelopment master plan, shall be afford- ed to redevelopment projects which meet the intent of design guidelines, as reviewed and approved by the design review board. (Ord. 3(1999) § 2) 12-71-12: DENSITY (DWELLING UNITS PER ACRE): Up to a thirty three percent (33%) increase over the existing number of dwelling units on a property or ,.,. ~_.". (..> .. February 2004 Town of V¢il WEST GORE CREEK DRIVE CHILDREN'S FOUNTAIN PLAZA l <' (~ 12-71-12 thirty five (35) dwelling units per acre, whichever is greater shall be allowed. For the purpose of calculating density, employ- ee housing units, accommodation units, timeshare units, and fractional fee club units shall not be counted as dwelling units. Additionally, a "lodge dwelling unit", as defined herein, shall be counted as twenty five percent (25%) of a dwelling unit for the purpose of calculating density. A dwelling unit in amultiple-family building may include one attached accommodation unit no larger than one-third ('/3) of the total floor area of the dwelling. (Ord. 31(2001) § 5: Ord. 3(1999) § 2) 12-71-13: GROSS RESIDENTIAL k'L OOR AREA (GRrA): Up to two hun- dred fifty (250) square feet of gross resi- dential floor area shall be allowed for each one hundred (100) square feet of buildable site area, or an increase of thirty three percent (33%) over the existing GRFA found on the property, whichever is greater. Multiple-family dwelling units in this zone district shall not be entitled to additional gross residential floor area under section 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance)", of this title. (Ord. 3(1999) § 2) 12-71-14: SITE COVERAGE: Site cover- age shall not exceed seventy percent (70°0) of the total site area, unless otherwise specified in the Lionshead rede- velopment master plan. (Ord. 3(1999) § 2) 12-71-15: LANDSCAPING AND SITE DE- VELOPMENT: At least twenty percent (20%) of the total site area shall be landscaped, unless otherwise specified in 12-71-18 the Lionshead redevelopment master plan. (Ord. 3(1999) § 2) 12-71-16: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least one-half ('/Z) the re- quired parking shall be located within the. main building or buildings. (Ord. 3(1999) § 2) 12-71-17: LOCATION OF BUSINESS AC- TIVITY: A. Limitations; Exception: All offices, businesses and services permitted by zone district, shall be operated and conducted entirely within a building, except for permitted unenclosed park- ing or loading areas, the outdoor dis- play of goods, or outdoor restaurant seating. B. Outdoor Displays: The area to be used for outdoor display must be located directly in front of the estab- lishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entranc- es and exits, driveways and streets shall not be obstructed by outdoor display. (Ord. 3(1999) § 2) 12-71-18: MITIGATION OE DEVELOP- MENT IMPACTS: Property own- ers/developers shall also be responsible for mitigating direct impacts of their develop- ment on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Im- pacts may be determined based on reports prepared by qualified consultants. The Town of Vdil February 2004 ~_~ 12-71-18 12-71-18 extent of mitigation and public amenity ~ .:::: improvements shall be balanced with the goals of redevelopment and will be deter- mined by the planning and environmental commission in review of development pro- jects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: roadway improvements, pedestrian walkway improvements, street- scape improvements, stream tract/bank improvements, public art improvements, and similar improvements. The intent of this / section is to only require mitigation for large I. scale redevelopment/development projects which produce substantial off site impacts. (Ord.. 3(1999) § 2) r;... February 2004 Town of Vail "ly t. ®R®INANCE N®. 30 SE121ES 200 AN ®R®INANCE AflfIEN®ING TITLE 3, CHAPTER 6, ®F TFIE VAIL T®WN CO®E I~EGAR®ING THE C®NINIISSI®N ®N SPECIAL EVENTS AN® SETTING F®12TH ®ETAILS IN ~tEGAR® TIiERET®. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town of Vail (the "Town Council") have been duly elected and qualified; and WHEREAS, Title 3, Chapter 6, of the Vail Town Code provides for the Commission on Special Events (the "CSE"), which is a Town commission duly created pursuant to the Town Charter; WHEREAS, the Town Council desires to make certain amendments to Title 3, Chapter 6, of the Vail Town Code to allow the CSE to more effectively carry out its function and responsibilities. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Secttlon ~. Section 3-6-1 of the Vail Town Code is hereby amended to read as follows: (additions are shown in I~oltl and underline; deletions are shown in stFilEett~gk~): 3-6-1: BOARD ESTABLISHED: The t'Pown eCouncil hereby establishes the tTown of Vail eCommission on sSpecial eEvents ("CSE") composed of seven 7 #+ve-(~ voting members who shalt act in accordance with the ECharter, this chapter, the direction of the tT'own sCouncil, as outlined in this chapter, the ordinances of the tTown of Vail, and shall be appointed by and serve at the pleasure of tgown ECouncil as provided in this chapter. Sec$ion 2. Section 3-6-2 of the Vail Town Code is hereby amended to read as follows: (additions are shown in Ibold and underline; deletions are shown in sl:r+ketk~eug#): 3-6-2: DEFINITIONS: QUALIFYING CULTURAL EVENT: A function whose primary purpose is cultural in nature rather than economic. These events are typically, but not necessarily, held in a Ordinance 30, Series of 2004 performing arts venue such as Ford Amphitheater or Dobson Arena. The tTown eCouncil shall establish by resolution a nonexclusive list of ftQualifying eCultural eEvents. SPECIAL EVENT: A function whose primary purpose is to promote an exciting, lively, fun and/or prosperous business climate within the tTown of Vail. Section 3. Section 3-6-3 of the Vail Town Code is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in ste~+g#~): 3-6-3: MEMBERS; APPOINTMENTS; TERMS: The CSE shall consist of seven 7 five (5} voting members appointed, at large, by the tTown eCouncil_ .,, ,., s4at°d' ^^° °°+'~~."'~~ All seven 7 f+ve-(~) voting members shall be residents of the tTown of Vail, own real property within the tTown of Vail, own a business in the tTown of Vail, or be employed within the tTown of Vail. , .The initial terms of two (2) members of the CSE shall be for one year, and the initial term of three (3) members shall be for two (2) years, to be appointed in 2002. Beginning in January of 2005, the CSE shall consist of seven (7) members to be appointed at large Therefore in December of 2004 the Town Council shall appoint six (6) new members to the CSE The term of three (3) new members shall be for one (1) year and the term for the other three new members shall be for two (2) years. Thereafter, the Town eCouncil shall annually appoint CSE members to two (2) year terms every January. Section 4. Section 3-6-4 of the Vail Town Code is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in stFilc-et#fs~): 3-6-4: REMOVAL FROM OFFICE: Members of the CSE shall serve at the will of the tTown eCouncil and shall be subject to removal by the tTown eCouncil for inefficiency, neglect of duty, failure to attend meetings (70 percent mandatory attendance at scheduled meetings), malfeasance in office, or any other reasons the tTown eCouncil deems proper. Section 5. Section 3-6-5 of the Vail Town Code is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in e:~segk~): 3-6-5: VACANCY: Vacancies on the CSE shall occur whenever a member of the CSE reaches the end of his term, is removed by the tTown eCouncil, dies, becomes incapacitated Ordinance 30, Series of 2004 2 P and unable to perform his or her duties for a period of sixty (60) days, resigns, ceases to meet the qualifications for CSE members or is convicted of a felony. Vacancies shall be filled by a majority vote of the frown e~ouncil. Section 6. Section 3-6-6 of the Vail Town Code is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in stfiket#r-eeg#): 3-6-6: OFFICERS; MEETINGS; RULES: The CSE shall elect its chairman from among its appointed members The term of the chairman shall be for one (1) 2 year term e~+sipat-elestie+~, with eligibility for reelection for three (3) additional fwe~~ 2 year terms. The CSE shall meet as it determines to be necessary, and its meetings shall be in accordance with Robert's (Rules of ~~rocedure unless it adopts other rules for the transaction of business. wee . The CSE shall keep a record of its resolutions, transactions, findings and determinations. The CSE will provide quarterly informational reports to the Va+l frown ECouncil, in addition to a full annual financial report at budget time. An annual evaluation of events shall be included. Section 7. Section 3-6-7 of the Vail Town Code is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in stfikefl~sdg#): 3-6-7: FUNCTIONS OF THE CSE: The CSE shall support the ('Town eCouncil 's goals and objectives and align its mission with the fT'own eCouncil 's marketing direction. The functions and/or duties of CSE shall include, but are not limited to: hiring and overseeing a director and/or staff, as well as event producers and/or promoters; creating, funding and seeking special events for the f~'own of Vail; evaluating event applications and event success; submitting an annual budget for operations and events; coordinating the community calendar for special events; seeking out additional funding for special events through sponsorships and donations; evaluating and executing contracts for special events; and all other functions as directed by the frown e~ouncil. Qualifying E~ultural eEvents shall be exempt from the purview and funding of the CSE. However, coordination and timing of Qualifying ECultural eEvents shall be considered by the CSE and included in the CSE master calendar. Ordinance 30, Series of 2004 Section 8. Section 3-6-8 of the Vail Town Code is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in s~~eeg#): 3-6-8: APPEAL TO TOWN COUNCIL: A. An appeal to the tTown eCouncil 'may be made by an adjacent affected property owner or by the tTown eCouncil itself by a majority vote. B. Any appeal must be filed in writing within ten (10) days following the decision of the CSE, or must be called up by the tTown ECouncil within ten (10) days of the decision. C. The Town eCouncil shall hear the appeal within thirty (30) days of its being filed or called up with a possible thirty (30) day extension if the Town eCouncil finds that there is insufficient information. Section 9. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences;~clauses or phrases be declared invalid. Section 10. The Town Council hereby finds, determines,: and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. Section 11. The amendment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any. violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously amended or superseded unless expressly stated herein. Section 12. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. Ordinance 30, Series of 2004 4 r' Sectuoe~ ~3. This ordinance, as adopted by the Town Council, shall be numbered and recorded by the Town Clerk in the official records of the Town. The adoption and publication shall be authenticated by the signatures of the Mayor, or Mayor Pro Tem, and Town Clerk, and by the certificate of publication. SecRuoru 'i14. This ordinance shall be in full force and effect five days after publication following final passage. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of November, 2004 and a public hearing shall be held on this Ordinance on the 7th day of December, 2004, at 6:00 p.m. in the Town Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance 30, Series of 2004 5 1~[IEIVii®IL~1~1lDiJM To: Town Council From: Stan Zemler Judy Camp Date: November 11, 2004 Subject: Third Supplemental Appropriation of 2004 We are attaching detail for the third supplemental budget appropriation of 2004 for your consideration on Tuesday. Major amendments to the 2004 budget include the following: Interfund Transfers Per your direction on November 2, we have included a transfer of funds from the General Fund balance to the Capital Projects Fund of $1,150,000 and a transfer of $],380,205 from the Real Estate Transfer Tax (RETT) Fund to the Capital Projects Fund. An additional $65,000 will be transferred to cover increased construction costs of the multi-purpose recreational facility. These transfers, along with corresponding adjustments to the 2005 budget and the five-year projections, will assure the balance in Capital Projects is sufficient to complete all projects currently budgeted through 2009. The transfer from the General Fund will reduce reserves from their current level, but not below the minimum (35% of annual revenue) established by Council for this five-year planning horizon. The transfer from the RETT Fund reimburses the Capital Projects Fund for capital costs of the ice dome, the Red Sandstone multi-purpose recreational facility, and improvements in process at the Dobson arena. Proiect Budgets Rolled Forward Also at your direction, staff has reviewed projects in the 2004 RETT and Capital Projects budgets. This supplemental appropriation reduces the amounts budgeted in 2004 for major projects that will not be completed this year. The balances in the project budgets are "rolled forward" to the 2005 budget and were included in the budget proposal presented to you at your last meeting. Streetscane Costs of utility work and the related reimbursements from Eagle River Water and Sanitation District and Qwest are now included in the amended budget. Similarly, the 2004 costs of installing heated pavers on private property and the related reimbursements from property owners are also included. As a result of accelerating the Village streetscape schedule, the supplemental appropriation includes $800,000 in the Capital Projects Fund and $700,000 in the RETT fund of construction costs expected to be spent in 2004 instead of 2005. The 2005 budget has been reduced by the same amount. Multi-Purpose Recreational Facility The attached supplemental appropriation includes an additional $65,000 for constructions costs of the multi-purpose recreational facility. Overages on this project are the combination of two main factors. First, the soils report missed the fact there was bedrock just below their borings and pockets of unsuitable fill material due to rocks and leftover "junk" soil from when the school was built. This caused the project to incur solid rock excavation, haul-off of rock, export of unsuitable fill and import of good fill material. This work totaled $31,000. 04116 TC Memo _ 1 _ Second, utility tie-ins did not go according to plan. The waterline had to be redirected since the connection point on the plans ended up being over 30 feet deep. The, electric line was also redirected since there was no utility vault at the Frontage Road and it was cheaper to redirect than add a vault. Cable TV and cable for AT&T cell phone service also were relocated. This work totaled $40,000. Contributions. Marketins, and Special Events The 2009 Championships were budgeted fora $160,000 contribution in 2004 which will not be spent because another venue was chosen. The Pro Cycling Rocky Mountain Classic, budgeted fora $75,000 contribution, was cancelled and $15,000 redirected to the Vail Classic bicycle race over Labor Day weekend. The supplemental appropriation reduces the special events line item by $220,000 as a result of these changes. Grants and Other Offsettin Items Revenue and expenditures for several grants are included in the third supplemental. These grants are generally not budgeted until they are certain and since they fund specific expenditures, there is no net impact on the town's resources. Paid parking was initiated at Ford Park this summer and the revenue generated has now been included in the amended 2004 budget along with some additional costs incurred as a result of staffing the parking lot. Revenue and expenditures for sales of manhole covers, manhole cover jewelry, police and fire t- shirts, etc., are included based on information available to date. 04116 TC Memo _ 2 _ Proposed Supplemental Appropriations and Budget Adjustments #3 of 2004 Version 1 First Reading- Revenue Expenditure Increase Increase Description (Decrease) (Decrease) Reason Capital Projects Fund Tranfer from RETT 1,380,205 For recreational facilites paid from CPF Transfer from RETT 65,000 For Mulit Purpose Recreational Facility Multi Purpose Recreational Fac Transfer From GF Transfer From GF Donovan Pavilion Transfer From GF Town Manager's Residence Streetscape Shared Project Streetscape Adjacent Property Streetscape Capital Street Maintenance Capital Street Maintenance Streetscape Dobson Ice Arena Federal Bus Grants Fire Infrastructure Improvements Replace Buses GPS Systems for Buses Video Cameras Patrol Cars Buy-Down Program Timber Ridge Fiber Optic Connection Lionshead Improvements I-70 Noise Subtotal Capital Projects Fund RETT Projects Fund Transfer to CPF Transfer to CPF Streetscape Other State Revenue Construction Services Real Estate Transfer Tax Rett Management Fees Supp 3 of 2004 0411 I 1 65,000 Additional costs to complete project 1,150,000 To offset deficit in outer years 52,000 From Donovan Pavilion Operating Expenses 18,000 funding for sound system 6,800 6,800 additional remodel charges 959,000 utility reimbursements 245,000 Streetscape reimbursements 1,204,000 reimbursement expenses 15,000 shared project reimbursement 15,000 expense for shared project 800,000 Moved from 2005 due to acceleration of project in 2004 160,000 funding for construction to expand capacity (1,438,832) roll to 2005 (100,000) roll to 2005 (1,361,526) roll to 2005 (90,000) roll to 2005 (22,500) roll to 2005 (100,000) roll to 2005 (925,000) roll to 2005 (70,000) roll to 2005 (300,000) roll to 2005 (300,000) roll to 2005 2,434,173 (1,000,226) 1,380,205 Reimburse CPF for recreational facilities paid from CPF 65,000 Reimburse CPF for add'1 funding for Mulit Purpose Recreational Facility 700,000 Moved from 2005 due to acceleration of project in 2004 14,000 COGO pass thru grant for Betty Ford Alpine Gardens 14,000 COGO pass thru grant for Betty Ford Alpine Gardens 525,000 projected increase based on current data 26,250 based on projected increase S-1 11/11/04 10:56 AM Proposed Supplemental Appropriations and Budget Adjustments #3 of 2004 Version 1 First Reading _ Revenue Expenditure Increase Increase Description (Decrease) (Decrease) Reason Recreation Amenity Fees 13,000 increase due to redevelopment Donovan Park Operating Costs (65,364) expenses combined w/parks & landscaping Gore Creek Promanade Brdg (100,000) move to 2006 Tree Maintenance (27,000) roll to 2005 Donovan Park (41,000) roll to 2005 White Water Park (108,000) roll to 2005 Big Horn Park Improvements (225,000) roll to 2005 Irrigation Control (228,097) roll to 2005 Public Art (45,000) roll to 2005 Public Art (27,435) roll to 2005 Subtotal RETT Projects Fund 552,000 1,318,559 General Fund Plan Check Fees 25,646 additional plan check fees Professional Fees 20,046 outsourcing plan check fees Professional Fees 5,600 outsourcing inspection help Other State Grants 20,665 CDOT Underage Drinking Grant Police Extra Duty 1,170 Party Patrol duty Professional Development 1,273 Underage Drinking Laws Program-Classes Community Policing 18,222 Expenses for Underage Drinking program Other State Grants 8,177 Leaf Grant Police Overtime 4,177 Overtime funded by Leaf grant Small Equipment 4,000 intoximeter RETT Management Fees 26,250 based on projected increase Federal Grants 56,500 Drug Task Force grant Detective Salaries 40,560 Salary for Drug Task Force Detective Benefits 15,940 Benefits for Drug Task Force Other State Grants 20,468 DOLA pass thru Grant revenue Professional Fees 20,468 DOLA pass thru Grant expense AIPP Donations 1,700 First Bank & American for the Arts Professional Development 1,700 Shared Costs 6,000 CEO for P3, contracted through VRI Police Salaries 5,333 CEO for P3 winter'04 Police Benefits 667 CEO for P3 winter'04 Other State Grants 3,000 Planning intern grant Planning Seasonal Salaries 2,667 Planning intern salary Planning Seasonal Benefits 333 Planning intern benefits Supp 3 of 2004 041 1 1 1 S 2 11/11/04 10:56 AM Proposed Supplemental Appropriations and Budget Adjustments #3 of 2004 Version 1 First Reading- Revenue Expenditure Increase Increase Description (Decrease) (Decrease) Reason Other State Grants 4,002 Rural fire assistant grant Extrication Equipment 4,002 funded by rural fire asst grant Charter Revenue 7,000 Additional bus charter revenue Bus Overtime 7,000 overtime incurred due to bus charters Parking Fees 48,667 revenue from summer parking Parking Seasonal Salazies 6,275 summer parking salaries Parking Seasonal Benefits 225 summer pazkng benefits Parking Overtime 2,231 summer parking salaries Shazed Projects 70,760 Patrol officer state funding for Police Academy Police Salaries 50,797 Partrol officer salary for Police Academy Police Benefits 19,963 Patrol officer benefits for Police Academy Misc Revenue 4,597 Funds collected for Food Drive Food Supplies 4,597 Food Drive expenditures Police T-Shirt Sales 3,500 Sales of police t-shirts Shipping Revenue 40 Revenue from shipping police t-shirts Cost of T-Shirts 1,250 Cost of police t-shirts for resale Fire T-Shirt Sales 4,000 Sales of fire t-shirts Shipping Revenue 350 Revenue from shipping fire t-shirts Cost of T-Shirts 900 Cost of fire t-shirts for resale Shipping Costs 390 Cost of shipping t-shirts Manhole Cover Sales 25,000 Sales of manhole covers Manhole Cover Jewelry Sales 15,000 Sales of manhole cover jewelry Shipping Revenue 1,200 Revenue from shipping manhole covers & jewelry Drainage Materials 1,200 Cost of manhole covers for resale Marketing 5,000 marketing expenses for manhole covers & jewelry Contributions (160,000) 2009 Championships funding not needed Contributions (60,000) Rocky Mtn Classic funding not spent Transfer to Capital Projects Fund 52,000 To fund sound system'04, portion of blinds for Donovan Pavilion in 'OS Donovan Pavilion Operating Exp (22,000) Donovan Pavilion Electricity (3,000) Donovan Pavilion Nat'I Gas (1,500) Donovan Pavilion Trash Removal (1,500) Donovan Pav Building R&M (5,000) Donovan Pav Other R&M (3,500) Donovan Pav Equip (3,500) Donovan Pav Misc (12,000) Supp 3 of 2004 041 1 1 1 S-3 11/11/04 10:56 AM Proposed Supplemental Appropriations and Budget Adjustments #3 of 2004 Revenue Expenditure Increase Increase IDescription (Increase) (Increase) Reason Version 1 First Reading , Transfer to Capital Projects Fund TM Contingency Transfer to Capital Projects Fund Subtotal General Fund 'Total All Funds 352,522 1,175,986 3,335,695 1,494,319 6,800 Additional funding to capital for TM residence remodel (6,800) 1,150,000 To help with capital project fund deficit in outer years Supp 3 of 2004 0411 I 1 S-4 11/11/04 10:56 AM Version 1 1st Reading of Supplemental 3 Town of !/ail 2004 Budget Summary of Revenue, Expenditures and Changes in Fund Balance General Fund Revenue Local Taxes: Sales Tax Property and Ownership Ski Lift Tax Franchise Fees, Penalties, and Other Taxes Licenses & Permits Intergovernmental Revenue Transportation Centers Charges for Services Fines ~ Forfeitures Earnings on Investments Rental Revenue Miscellaneous and Project Reimbursements Total Revenue Expenditures Salaries Overtime Benefits Subtotal Compensation and Benefits Contributions and Special Events All Other Operating Expenses Heavy Equipment Operating Charges Heavy Equipment Replacement Charges Dispatch Services Total Expenditures Revenue Over (Under) Expenditures Before Transfers Transfer to Capital Projects Fund Beginning Fund Balance Ending Fund Balance 200 2ooa 2003 Amended Amended Actuals Budget Budget wl 3rd Supp 8,840,731 8,881,480 8,881,480 2,822,742 2,646,945 2,646,945 2,273,055 2,420,500 2,420,500 620,511 668,700 668,700 1,095,698 1,209,935 '~ ~ 1,235, 581 ~' 1,518,855 1,355,688 1,468,500 2,993,378 2,945,700 3,001,367'' 567,672 681,035 707,285 .. .. , . 201,458 189,250 . . 189,250 113, 2 70 109, 000 109, 000 616,411 707,142 707,142 236,729 166,012 298;9'59 21,900,510 21,981,387 22,333,909 9,121,587 9,603,336 9,708,968:.. 470,162 453,997 468;575 3,193,732 3,456,996 `. 3,494,124 , 12,785,481 13,514,329 13,671,667 1,184, 765 1,167, 346 ~ ~' ~ 947 346 4,147, 852 ~ 4, 720, 556 , 4, 750 404 _.,__~. 1,341,469 1,469,908 1,469,908 397,712 405,467 405,467 450,531 463,813 463,813 20,307,810 21,741,419 21,708,605 1, 592, 700 239, 968 625, 304 (500,000) -,(1,,708,800) 8,784,044 $ 10,376,744 $ 10,376,744 $ 10,376,744 $ 10,116,712 $ 9,293,248 SUPP 3 by Fund 041111 G-1 Version 1 1st Reading of Supplemental 3 SUf~flMARY ®F RE!lENUE, EXPEN®ITURES, A-N® CI-1~4Nts'ES IN FUN® BA~4NCE CAPITAD_ PR®.9ECTS FUN® Reveaaue Sales Tax Federal Grant Revenue Lease Revenue CDOT Reimbursement Buy-Down Program Sale of Assets ' Transfer from Dispatch Service Fund Transfer from General Fund Transfer from RETT Project Reimbursement Eagle County Grant Revenue Interest Income & Other Total Revenue fFuperoditures Equipment PurcF~ases Document Imaging Software ~ Hardware Upgrades Web Page Development/Ecommerce Eagle County CAD / RMS Project Radio System East Vail Repeater Console Equip-911 upgrade Police Vehicles Hardware Laptop Video Security for Jail Patrol Car Video Cameras QRV for Fire Dept Fire Department Breathing Apparatus Repower Buses Replace Buses GPS for Buses 800 MHz radio system Police Vehicles Council Chamber Sound System Subtotal Equipment Purchases Capital Bllaia~tenance Bus Shelter Replacement Capital Street Maintenance Zoos aoo~ aoo~ ~~,ended ,~~,~~ded Actualls Budget Budget w/ 3rd Supp~ 5,893,821 $ 6,118,520 $ 6,118,520 89,700 2,807,929: 1,369,Q97 146,147 150,000 150,000 167,771 40,322 40,322 173, 708 - _ 1,000,000 - _ 90, 000 110, 000 110, 000 500,000 ' h 1,708,800 1,4'45;205 ~ 178,525 969,290 ~ ~~ 2,188,290 366,000 366,000 90,750 50,000 50,000 7,830,422 11,112,061 13,546,234 116,394 40,000 40,000 102, 671 172, 000 172, 000 12,000 12,000 323,842 676,600 676,600 10,579 - _ 345, 754 - _ 69,500 - _ 68,485 68,485 11,500 11,500 22, 500 - 107,370 107,370 25,000 .25,000 15,484 - _ 3, 739, 490 ~ " ' ~ 2, 377, 964 150,000. ~ '60,000 _ . _ 151,898 - _- 279,200 279,200 16,515 - _ 1,152,637 5,304,145 3,830,119 9,750 30,250 30,250 625, 580 840, 000 855, 000. SUPP 3 by Fund 041111 C-1 Version 1 1st Reading of Supplemental 3 SUI~MARV ®F I~E!lENUE, EXPEN®ITURES, AN® CHANGES IN FUN® BALANCE CAPITAL PR®JECTS FIIN® Parking Structure Maintenance Parking Structure Improvements General Facility Improvements Subtotal Capital Maintenance Street Reconstructioov Other Bighorn Flood Remediation Spruce Way & Columbine Vail Valley Drive - 1st Phase Subtotal Street Reconstruction Build'orags ~ Is~aproverroents Town Manager's Residence Town Manager's office Library Building Remodel Fire infrastructure improvements Fiber Optics in Buildings Dobson Ice Arena Way Finding Improvements Town Shop Imp -Storage Project Donovan Park Pavilion Indoor Recreation/Gymnastics Subtotal Bldgs /Improvements Streetscape Projects West & East Meadow Drive Village Streetscape Subtotal Streetscape Projects Hoaasing Prograa~o Mountain Bell Housing Ruins Buy-Down Program Timber Ridge Subtotal Housing Program I_ioinshead lav~proveroieints Lionshead Improvements Subtotal Lionshead Redevelopment ®ther I~vaproveovaee~ts Loading and Delivery Studies Street Light Improvement Program Drainage Improvements 2004 2004 2003 Aav>leinded Aa~a~ended Actuals Budget Budget ~nr/ 3rd SuPP 180,000 180,000 271,042 340,000 340,000 427,374 571,286 571,286 1,333, 746 1, 961,536 1, 976, 536 158,250 - _ 310,133 - _ 312,567 - _ 780,950 - _ 50, 000 ~ ,.56, 800 5, 022 7, 343 7, 343 87, 013 - _ 1,970 177,367 ~ 77;367 85,000 15,000 16,636 16,250 ~ 176,250 14,426 85,573 85,573 552,565 - _ 2,133,166 33,465 ~'S1,4fi5: 55,415, 1,612,290 ~ ~ .1,677,290 2,866,213 2,067,288 ~ 2,147,088 47,139 ~ 204,617 204,617 87,095 2,267,425 ~~ ' 4,2,71;425" 134,234 2,472,042 4,476,042 35,226 - _ 16 - _ 142,799 100,000 52,029 925,000 230,070 1,025,000 - 64,463 4.04,616 5 ;104,616 64,463 404,616 104,616 8,200 _ _ 45,480 50,000 50,000 15,545 75,000 75,000 SUPP 3 by Fund 041111 C_2 Version 1 1st Reading of Supplemental 3 SUNIMAl2V ®F RElIEN~DE, EXPEIV®ITURES, APV® DHAIVGES IN FUIV® BALANCE CAPITAL PR®JECTS F0,9N® Vail Today I-70 Noise Memorial Park Loan Subtotal Other Improvements Total before Transfers 2004 2004 2003 Amended Arvaended Actuals Budget Budget w/ 3rd Supp 6,390 - ~ - 88,196 363, 303 ~.- . ~~ = ~ 63, 303 50,000 - - 213, 811 488, 303 188, 303 6,776,124 13,722,930 12,722,704 Transfer for Debt Service 1,942,620 2,337,897 2,337,897 Total Expenditures 8,718,744 16,060,827 15,060,601 revenue ®der(Under) Expenditures (888,322) (4,948,766) (1,514,367) Beginning Fund Balance 8,942,580 8,054,258 8,054,258 Ending Fund Balance $ 8,054,258 $ 3,105,492 $ 6,539,891 SUPP 3 by Fund 041111 C-3 Version 1 1st Reading of Supplemental 3 fl~eai ~sta~e Transfea~ Tax End fFiee~~ear ~uo~mary ®f Reeena~e and Expendita~~es 2004 2004 RE!lE~It9E Real Estate Transfer Tax Golf Course Lease Lottery Revenue Project Reimbursements Interest Income ~ Other Recreation Amenity Fees Total Revenue EXPEP~®ITtIRES Annual Maintenance RETT Collection Costs Rec. Path Capital Maintenance Alpine Garden Support Tree Maintenance Street Furniture Replacement Black Gore Creek Sand Mitigation Bear Proof Containers Park, Path & Landscape Maintenance Subtotal Maintenance recreation Path/Trail ®evelopment Trail Signs Trailhead Development N. Frontage Rd. (School to Roundabout) Gold Peak to Soccer Field Village Streetscape Design & Implement Subtotal Pathways Capital Maintenance Raw Water Project Playground Safety Improvements Pirate Ship Park -Per Safety Plan Big Horn Park -Per Safety Plan Public Art Subtotal Capitai Maintenance 2003 Amended Amended Actuals Budget Budget vv/ 3rd Supp 3,270,723 $ 3,700,000 $ 4;225,000 107, 941 112, 579 112, 579 22,295 20,000 20,000 38,286 50,000 50,000 124,359 50,000 ~ ~ 64,000 12,928 50,000 63,,000 3,576,532 3,982,579 4,534,579 87,000 185,000 ,211,250 254,107 135,200 135,200 50,000 75,000 89,000 14,584 60,000. 33,000 18,620 25,000 25,000 105, 750 150, 000 150, 000 17,100 9,500 9,500 687,945 ~ 857,281 ~ 791,91-7 11,235,106 1,496,981 1,444,867 10, 898 - 20,000 20,000 650,000 650,000 335,000 - - 410,851 1,750,000 2,450,000 756,749 2,420,000 3,120,000 20,622 229,097 ,. _- e __;,1,OOQ ~ 32,605 - 235 299,765 332,370 225,000 - 74,166 109,213 .`' 64,21u3." 95,023 895,680 397,583 SUPP 3 by Fund 041111 R-1 Version 1 1st Reading of Supplemental 3 IRea9 [state Trans~'er tau fFa~nd FB~e~lfear Saamoxaary ®f ~tebenue and ~xpend6tures 2004 2004 Park ®evelopment Donovan Park White Water Park Gore Creek Promenade Bridge Red Sandstone School Soccer Site Property Acquisition Vail Memorial Park Su6~tota9 Park ®eveGopment Pr®ject f~anagement Parks and Landscaping AIPP Sulbtota9 Project f~Vanagement dotal I~~pendittares t2evena~e ®ver (~&nder) ~upeo~data~res Transfer to Captla~ Projects Fannd Beginning Fund Balance IEndong Fund Balance SUPP 3 by Fund 041111 2003 Amended Amended Actua9s Bandget Baadget w/ 3rd Supp 136,531 53,000 12,000 1,180 149,683 :41,683 227 100, 000 2, 300 - _ . _ _~_ __ 676 _ _ 4, 325 - _ 145,239 302,683 53,683 76,138 78,827 78.827 72,134 __ 27,435 - 148,272 106,262 78,827 2,380,389 5,221,606 5,094,960 1,196,143 (1,239,027) (560,381) (1, 445, 205..} 5,084,315 6,280,458 6,280,458 $ 6,280,458 $ 5,041,431 $ 4,274,872 R-2 ORDINANCE N0.2~' SERIES OF 2004 AN ORDINANCE IYIAICING SUPPLEMENTAL APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PR0.9ECTS FUND, AND REAL ESTATE TRANSFER TAX FUND OF THE 2004 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2004 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.24, Series of 2003, adopting the 2004 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain supplemental appropriations and budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following supplemental appropriations and budget adjustments for the 2004 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure or (reduction) of said appropriations as follows: General Fund $ 1,175,986 Capital Projects Fund (1,000,226) Real Estate Transfer Tax Fund _ 1.318,559 Total Before Interfund Transfers 1,494,319 Less: Interfund Transfers 2.680,255 Net Expenditure Increase (Decrease) $(1,185,936) 2• If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of November, 2004, and a public hearing shall be held on this Ordinance at 6 P.M. on the 7th day of December, 2004, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk ®1~gI~1A1~1CE 1®1®. 28 S)1;1[BIES ®F 2004 A>~l ®~~1~1A1~CE PIg®V][DIfI~G )F®I2 'S'HE ILEVY ASSE3SMEI~IT' AI~tI) ~®I.Y.,ECT'I®N ®F 7C®~1 A10 VA><,®IZEM IPIt®I'EI~T~' 'g'~1%ES DI<TE F®IZ 'FIE 2004 ~'AX ~'E~ AIVID IPA~'AB>l..E 1«I 7i'HE 2005 ]FI(SCA)L, ~'EAflB. WHEREAS, it is necessary for the Town Council to provide for the levy, assessment and collection of Town ad valorem property taxes due for the 2004 year and payable in the 2005 fiscal year. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. For the purpose of defraying part of the operating and capital expenses of the Town of Vail, Colorado, during its 2005 fiscal year, the Town Council hereby levies a property tax of 4.69000 mills upon each dollar of the total assessed valuation of $526,422,240 for the 2004 tax year of all taxable property within the Town, which will result in a gross tax levy of $2,468,920 calculated as follows: Base mill levy 4.69000 $2,468,920 Abatement levy Total mill levy 4.69000 2 468 920 Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the .Colorado Revised Statutes (1973 as amended), and as otherwise required by law. 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code Ordinance 28, Series of 2004 1 of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 16th day of November, 2004. A public hearing shall be held hereon at 6 P.M. on the 7th day of December, 2004, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. ATTEST: Lorelei Donaldson, Town Clerk ATTEST: Lorelei Donaldson, Town Clerk Rod Slifer, Mayor Rod Slifer, Mayor Ordinance 28, Series of 2004 2 Il~I~1VIC®1[~1itI)~.ll~il To: Town Council From: Stan Zemler Judy Camp Date: November 1 ], 2004 Subject: 2005 Budget The following two items are in response to your direction on November 2 regarding the 2005 budget ordinance: Commission on Special Events (CSE) In response to the CSE's request at your November 2°d meeting, the Town Manager recommends increasing the CSE's budget by $25,000 in 2005 only with the understanding the CSE will fund both the Vail America Days and the Holidays in Vail events. The Town Manager has reduced other items by the same amount so that there is no incremental cost compared with the budget as presented for first reading. RETT Fund Projects As directed, we have included costs of ADA compliance for facilities operated by the Vail Recreation District (VRD) in the RETT Fund budget for 2005. We have also updated the five- year projections to include the same item in 2006 and 2007 and to include the cost of replacing the roof on the Dobson Ice Arena in 2009. Other Project Adjustments As staff reviewed project budgets in Capital and RETT for the third supplemental, we refined the "rollover" amounts and have adjusted the 2005 proposed budget accordingly. We have also reduced the 2005 Capital Projects and RETT Funds by a total of $1.5 million and increased the 2004 amended budget by the same amount for the acceleration of the Village streetscape project. These changes are reflected in the attached packet "Proposed 2005 Budget, November 16, 2005, Second Reading". 04116 TC Memo re five year revisions and CSE - 1 _ WET F VAIN SEI~ 2005 IJDGE'T V~li~IEl~ 1 004 Sec®~ IZeacii~ 'own off Vail ]Proposed 2005 Budget Contents 2005 Budget ]E$ighlights . This is a verbal summary of the key assumptions, changes, and results of the 2005 proposed Budget. Summary off Revenue and ~xpendatures and Changes in Fund Balances 3 This report shows in summary what the town's projected fund balances are for all of the Town's funds in 2004 and 2005. It also shows the changes in fund balance by fund. Summary of Revenue and ]E~penditures iDy Fund 4 This report shows the town's total revenue and expenditures budget by fund for 2003 actual, 2004 original and amended budgets, and 2005 budget. A one-line adjustment is made for inter- fund charges and transfers to arrive at total net revenue and expenditures. Summary off Revenue and IExpendatures lby 'T'ype 5 This single-page schedule reports town-wide revenue and expenditures by category. A one line adjustment is made for inter-fund charges and transfers to show net amounts. Summary off let Revenue and Expenditures lby 'h'ype 6 This is a one-year schedule that eliminates inter-fund revenue and expenditures to show net Revenue and expenditures by type. Major Revenue Analysis ffor 2005 Budget 7 This schedule compares percentage and dollar amount changes for 2001, 2002, 2003, 2004, and 2005 for the town's ten largest revenue sources. Summary off Changes nn Personnel g This report shows all changes in personnel from the 2004 budget to the 2005 proposed budget. Employee Benefits Summary 9 This report shows the list of employee benefits by percentage and costs. General ]Feared Revenene and Expendrteares 10 This schedule shows the major revenue and expenditures by category in the General Fund for 200S compared with 2004. Contriibeations and ~pecnal ]Events Final numbers for 2005 budget as seen in the General fund. 11 Capital Projects Fund Revenue and Expenditures 12 This schedule shows revenue by type and expenditures by project in the Capital Projects Fund for 2004 and 2005. Real ]Estate 'd'ransffer ~'ax Fund Revenue and Expenditures 14 See explanation for Capital Projects Fund above. I~iIa~fl~eta~ag 1E'annd l[~evenaae seed 1/:~pendatan~es 16 See explanation for General Fund above. Il~e~t Seu~vnees ]Faand and lE~pea~ditaua~es ~ 16 See explanation for General Fund above. lE~eavy ]Equip~anent ]Fund ][~eveniae and ]Eapendit~ares 17 See explanation for General Fund above. ]fl[eafltfla ~nsua-anee ]Fund l~evenene aa~d ]E~penditaa~es 17 See explanation for General Fund above. Il~aspate9a ~ea~nees Fund ~evenaae and IE:~pendatQa~es 18 See explanation for General Fund above. ~®a~fference ~e~ater fund ]l~eveaaue and luxpenditures 19 See explanation for General Fund above. IFnve ~'ea~ ~emea~afl ]Fund 20 lF'nve ~eau~ ~apetafl 1~~®,peets lFaand 21 IFnve ~'ea~ fl8eafl ]Estate ')('ra~nsffe~ '~'a~ IFaand 23 IFnve ~ea~- ]I$eav~v ]Eaflaanpnneant ]Fannd 25 IFn~e ~ea~ ~nspatsfln ~e~uees ]Faand 26 TOWN OF NAIL a00v 13U®GET PIaOPOSAL HIGHLIGHTS The attached budget proposal, including $42 million in net revenue, incorporates various policy directions agreed to by the Town Council during a series of workshop discussions. o The recommended budget supports the five areas of focus identified by Town Council: 1) facilitate Vail's redevelopment; 2) address issues proactively; 3) elevate community leadership; 4) improve local economy; and 5) add to Vail's appeal as a great place to live, work and play. o The 2005 budget proposal is based on assumptions tied to redevelopment with increases in building fees and real estate transfer tax collections, and decreases in sales tax collections when compared to 2004 projections. The 2005 budget will be evaluated mid-year to determine if adjustments are needed. o Sales tax projections have been budgeted to decrease 2.5 percent from the 2004 amended budget, primarily as a result of impacts of major redevelopment projects. o Revenue projections for the real estate transfer tax (RETT) fund have been increased to $4.6 million for 2005, up from $4.2 million currently projected for 2004 and $2.8 million originally budgeted in 2004. Increases in RETT are attributable to both redevelopment activity and a robust residential real estate market. 0 60 percent of sales tax revenues are allocated to the general fund for operations, while 40 percent are dedicated to the capital projects fund. This allocation requires a super majority vote (5 of 7) to adopt the budget. o The proposal includes a healthy general fund balance which remains well above the guideline established by the Town Council for the period of redevelopment. The fund balance guideline for that period is a minimum of 35 per cent of annual revenue. o Contributions, marketing and special events funding reflects the elimination of funding for the 2009 World Alpine Ski Championships, which will be held at another venue rather than Vail, and elimination of general funding for the Vail Chamber and Business Association (VCBA) and the Vail Valley Chamber and Tourism Bureau (WCTB), although both organizations will receive funding for specific projects. o Visitor Information Centers in Vail Village and LionsHead will be operated by the Vail Valley ,Chamber and Tourism Bureau, per contract, which will run to September 30, 2005. o A budget of $100,000 has been added to the Town Manager's department for programs related to economic vitality and $50,000 has been included in Community Information for communications during redevelopment. 0 4 percent employee merit increases are included, with an additional 1 percent adjustment pool to be used at the Town Manager's discretion. o Redevelopment activity will be supported by nine incremental positions for the two to three years of major reconstruction. These positions are partially funded through agreements with Vail Resorts Development Company and Vail Associates Holdings, LTD. One full-time position is added to provide -1- maintenance to newly-constructed park buildings and restrooms. Three summer bus driver positions and three winter bus driver positions are combined into three full-time positions to provide efficiencies and in response to difficulties in recruiting for the existing positions. Construction costs for the proposed West Vail fire station and snowmelt costs for streetscape improvements along East Meadow Drive have been incorporated into the capital projects fund 5-year plan, beginning in 2006. A surcharge on tickets for events held at the Dobson Arena is currently being implemented to fund capital improvements at that facility, but is not included in the town's budget. Work continues on planning and design of the conference center with a construction budget to be presented when a design is chosen. It is anticipated that bonds for this project will be authorized early in 2005 and funds for construction will be appropriated at that time. The budget proposal for capital projects is close to $10.9 million to include: $1.3 million for Village streetscape improvements; $2.4 million for the replacement of six conventional buses and the purchase of one new hybrid bus, offset by a $2.1 million federal grant; $1.7 million for capital maintenance including streets, parking structures, and general facilities; $550,000 for I-70 noise mitigation; $200,000 for the housing buy- down program; $250,000 for Chamonix master planning and West Vail fire station design; $2.4 million for debt service payments on town bonds; and $1 million earmarked for debt service guaranty on Timber Ridge Affordable Housing Corporation bonds, if called upon. Projects budgeted from the $5 million real estate transfer fax fund include: $2.3 million for Village streetscape improvements; $500,000 to complete the purchase of all available open space in the town; $150,000 to widen the recreation path from Westhaven Drive to the tennis courts; $225,000 for Bighorn Park improvements; $120,000 for public art; $118,317 for improvements to the whitewater park; $100,000 for design of a skateboard park; $100,000 for Black Gore Creek sand mitigation; and $94,000 for improvements and operational support of the Alpine Gardens. The general fund, which supports the town's basic operations and services, includes revenue of $23.5 million, an increase of 5.1 percent over the 2004 amended budget and expenditures of $22.8 million, an increase of 4.9 percent over the 2004 amended budget. The resulting $.7 million increase in fund balance is primarily a result of increased construction permit fees offset by reductions in sales tax revenue and increases in redevelopment costs. -2- Version 1 Second Reading ~ Fund Type/Fund General Fund Special Revenue Fund Capital Projects Fund Real Estate Transfer Tax Fund Conference Center Fund Vail Marketing Fund Debt Service Fund internal Service Fund Heavy Equipment Fund Health Insurance Fund EntPrnrica Car o F....a~. Dispatch Services Fund Totals 29,603,031 51,836,962 53,271,881 (1,434,919) 28,168,112 49,873,639 49,031,305 842,334 29,010,446 2004 Amended Budeet 'r®WN ®F VA)()L 2005 ~iJDGE'1<' SiJ1V]<1VIAIt1' ®F REVEIV><JE A1V~D IEXIPEIVIDI<'Il'~JRES ANB- C~IIVGES d1V F~JNIl) IBtLLANCE Beginning Revenue Ending Fund Over(Under) Fund Balance Revenue Expenditures Expenditures Balance 10,376,744 22,333,909 23,417,405 (1,083,496) 9,293,248 2005 Revenue Expenditures 23,476,119 22,774,746 8,054,258 13,546,234 15,060,601 (1,514,367) 6,539,891 6,280,458 4,534,579 5,094,960 (560,381) 5,720,077 3,026,538 3,345,000 1,439,800 1,905,200 4,931,738 42,862 316,000 326,800 (10,800) 32,062 130,210 2,337,897 2,296,599 41,298 171,508 489,897 2,045,005 2,085,013 (40,008) 449,889 815,372 1,811,000 1,811,000 - 815,372 Revenue Ending Over(Under) Fund Expenditures Balance 701,373 9,994,621 9,181,232 10,914,654 (1,733,422) 4,806,469 5,004,556 5,918,724 (914,168) 4,805,909 3,279,000 871,820 2,407,180 7,338,918 308,000 295,400 12,600 44,662 2,422,154 2,317,799 104,355 275,863 2,401,306 2,162,971 238,335 688,224 2,082,500 2,082,500 - 815,372 386,692 1,567,338 1,739,703 (172,365) 214,3271 -3- TOWN OF VAIL 2005 BUDGET SUfifliIflARY OF REVENUE AND EXPENDITURES BY FUND AND INTERFUND TRANSFERS AND CHARGES 2004 2004 2003 Original Amended 2005 FUND Actual Budget Budget Budget 2E V ENUE General Fund 21,900,510 21,427,757 22,333,909 23,476,1 I9 Capital Projects Fund 7,830,422 7,365,520 13,546,234 9,]81,232 Real Estate Transfer Tax Fund. 3,576,532 2,942,579 4,534,579 5,004,556 Conference Center Fund 3,300,575 3,260,000 3,345,000 3,279,000 Vail Marketing Fund 317,279 316,000 316,000 308,000 Debt Service Fund 1,948,768 2,337,897 2,337,897 2,422,154 Heavy Equipment Fund 1,887,805 2,012,495 2,045,005 2,401,306 Health Insurance Fund 1,790,779 1,811,000 1,811,000 2,082,500 Dispatch Services Fund 1,772,606 1,567,338 1,567,338 1,718,772 Total Before Interfund Transfers 44,325,276 43,040,586 51,836,962 49,873,639 Less Interfund Charges & Transfers 6,023,443 6,668,642 10,043,157 7,462,821 NET REVENUE BUDGET 38,301,833 36,371,944 41,793,805 42,410,818 EXPENDITURES General Fund 20,307,810 21,319,616 21,708,605 22,774,746 Capital Projects Fund 8,718,744 10,166,322 15,060,601 10,914,654 Real Estate Transfer Tax Fund 2,380,389 4,464,804 5,094,960 5,918,724 Conference Center Fund 274,037 368,300 1,439,800 871,820 Vail Marketing Fund 312,743 315,800 326,800 295,400 Debt Service Fund 1,877,498 2,296,599 2,296,599 2,317,799 Heavy Equipment Fund 1,685,040 2,085,013 2,085,013 2,162,971 Health Insurance Fund 1,732,482 1,811,000 1,811,000 2,082,500 Dispatch Services Fund 1,742,126 1,510,631 1,629,703 1,692,691 Total Before Interfund Transfers 39,030,869 44,338,085 51,453,081 49,031,305 Less Interfund Charges & Transfers 6,023,442 6,668,642 10,043,157 7,462,821 NET EXPENDITURE BUDGET 33,007,427 37,669,443 41,409,924 41,568,484 REVENUE OVER (UNDER) EXPENDITURES 5,294,406 (1,297,499) 383,881 842,334 SUMMARY O F INTERFUND TRANSFERS AND CHARGES Transfer to Debt Services Fund from Capital Projects Fund 1,942,620 2,337,897 2,337,897 2,422,154 Heavy Equipment Fund Charges to Other Funds 1,739,181 1,923,795 1,956,305 2,256,246 General Fund Charges to RETT for Collection Costs 87,000 137,500 2l 1,250 231,150 Information Services Chazge from General Fund to Dispatc 0 30,835 30,835 32,387 Health Insurance Costs Charged to Other Funds 1,534,519 1,596,000 1,596,000 1,782,500 Dispatch Services Charge to General Fund 450,531 463,815 463,815 559.034 General Fund Charges to Conference Center Fund 163,849 163,000 167,250 163,950 General Fund Charges to Marketing Fund 15,742 15,800 15,800 15,400 General Fund Transfer to Capital Projects Fund - - 1,708,800 - Dispatch Services Fund Transfer to CPF (CAD/RMS) 90,000 - 110,000 Heavy Equipment Fund Transfer to Capital Projects (Town _ _ _ _ Real Estate Transfer Tax Fund Transfer to CPF - - 1,445,205 TOTAL INTERFUND CHARGES AND TRANSFERS 6,023,442 6,668,642 10,043,157 7,462,821 Version t Second Reading -4- Version 1 Second Reading Town of Vail 2005 Budget Summary of Revenue and Expenditures by Type 2004 2003 2004 Amended 2005 Actual Budget Budget Budget Annual Revenues by Type: Local Taxes: Sales Tax $ 16,438,416 16,380,800 16,740,000 16,328,000 Public Accomodations Tax 1,573,289 1,605,000 1,605,000 1,572,000 Property and Ownership 2,822,742 2,646,855 2,646,945 2,632,920 Ski Lift Tax 2,273,055 2,420,500 2,420,500 2,438,000 Real Estate Transfer Tax 3,270,723 2,750,000 4,225,000 4,623,000 Franchise Fees & Penalties on Taxes 620,511 643,500 668,700 688,500 Licenses & Permits 1,410,565 1,312,320 1,614,581 3,123,050 Intergovernmental Revenue 2,453,987 3,008,623 3,655,567 4,821,089 Transportation Centers 2,993,378 2,928,500 .3,001,367 2,955,000 Charges for Services and Internal Service Fund 3,731,226 3,706,970 3,839,280 4,317,695 Fines & Forfeitures 201,458 189,250 189,250 202,900 Earnings on Investments 311,966 215,400 220,400 211,300 Miscellaneous and O eratin Transfers 6,223,960 5,232,868 11,010,372 5,960,185 TOTAL ANNUAL REVENUES 44 325 276 43 040 586 51 836 962 49 873 639 Less Interfund Char es and Transfers (6 023 443) (6,668 642) (10 043 157) (7 462 821) NET ANNUAL REVENUES 38,301,833 36,371,944 41,793,805 42,410,818 Annual Expenditures by Type: Municipal Services: Town Officials Administrative Services & Risk Management Community Development & Housing Police Police Communications Fire Public Works & Streets Parks & Art in Public Places Transportation & Parking Facility & Fleet Maintenance, Donovan Pavillion Library Contributions, Marketing and Special Events Health Insurance Total Municipal Services Capital Improvement Programs: Capital Projects Fund Real Estate Transfer Tax Fund Projects Conference Center Total Capital Improvement Programs Debt Service rvTAL ANNUAL EXPENDITURES 967,378 1,012,176 1,051,281 1,222,434 2,645,096 2,776,098 2,786,438 2,978,885 1,439,134 1,433,348 1,596,396 1,705, 551 3,828,043 3,569,621 3,814,946 3,801,300 1,652,126 1,974,444 2,093,516 2,251,725 1,638,685 1,675,459 1,730,156 1,831,053 2,280,410 2,449,305 2,464,439 2,956,050 1,032,235 888,510 1,087,172 1,270,218 3,249,805 3,379,464 3,422,923 3,657,418 4,058,537 4,831,561 4,779,561 4,854,512 777,320 702,941 702,941 732,788 1,481,766 1,467,346 1,258,346 1,091,876 1,732,482 1,811,000 1,811,000 2 082 500 26,783,017 27,971,273 28,599,115 30 436 310 8,808,744 10,166,322 15,060,601 10,914,654 1,457,172 3,703,891 4,224,216 4,654,672 104,438 200,000 1,272,550 707,870 10,370,354 14,070,213 20,557,367 16,277,196 1,877,498 2,296,599 2,296,599 2,317,799 39,030,869 44,338,085 51,453,081 49,031,305 Bess intertund char es and Transfers 6,023,442 6,668,642 10,043,157 7,462,821 NET ANNUAL EXPENDITURES 33,007,427 37,669,443 41,409,924 41,568,484 AYVNUALREVENUE OVER (UNDER) EXPENDITURES $ 5 294 406 $ (1 297,499) $ 383 881 $ 842 334 -5- Version 1 Second Reading Town of bail 2005 Budget Summary of Net Revenue and Expenditures by Type Annual Revenues by Type: Local Taxes: Sales Tax Public Accomodations Tax Property and Ownership Ski Lift Tax Real Estate Transfer Tax Franchise Fees & Penalties on Taxes Licenses & Permits Intergovernmental Revenue Transportation Centers Charges for Services and Internal Services Fund Fines & Forfeitures Earnings on Investments Miscellaneous and Operating Transfers Gross Revenue Interfund Net Revenue and Revenue and and Expenditures Expenditures Expenditures 16,328,000 16,328,000 1,572,000 1,572,000 2,632,920 2,632,920 2,438,000 2,438,000 4,623,000 4,623,000 688,500 688,500 3,123,050 3,123,050 4,821,089 4,821,089 2,955,000 2,955,000 4,317,695 (3,258,167) 1,059,528 202,900 202,900 211,300 211,300 5,960,185 (4,204,654) 1,755,531 TOTAL ANNUAL REVENUES 49,873,639 (7,462,821) 42,410,818 Annual Expenditures by Type: Municipal Services: Town Officials Administrative Services & Risk Management Community Development & Housing Police Fire Public Works & Streets Parks & AIPP Transportation & Parking Facility & Fleet Maintenance & Donovan Pavilion Library Contributions, Marketing and Special Events Health Insurance Total Municipal Services Capital Improvement Programs: Capital Projects Fund Real Estate Transfer Tax Fund Projects Conference Center Total Capital Improvement Programs Debt Service 1,222,434 1,222,434 2,978,885 (179,350) 2,799,535 1,705,551 1,705,551 6,053,025 (591,421) 5,461,604 1,831,053 1,831,053 2,956,050 2,956,050 1,270,218 1,270,218 3,657,418 3,657,418 4,854,512 (2,256,246) 2,598,266 732,788 732,788 1,091,876 1,091,876 2,082,500 (1,782,500) 300,000 30,436,310 (4,809,517) 25,626,793 10,914,654 (2,422,154) 8,492,500 4,654,672 (231,150) 4,423,522 707,870 - 707,870 16,277,196 (2,653,304) 13,623,892 2,317,799 - 2,317,799 TOTAL ANNUAL EXPENDITURES 49,031 305 (7 462 821) 41 568 484 ,. .... AN~IWALREUENU~ 4. BIER; UNDER IEX~~~~ITIFRE~€ .:..:: :'':':':;;i~;;; `;;:; : :. ( ~..... $ 84,$34 $ $ .842 334 -6- MAJOR REVER~UE Ai~ALVSIS Version 3, Changes Highlighted 2004 2001 2002 2003 2004 Projected 2005 Actual Actual Actual Budget Budget Proposed Comments General Sales Tax 15,734,387 15,264,581 14,734,552 14,725,800 15,000,000 14,621,000 Left flat to projected then adjusted for 2.4% -3.0% -3.5% -0.1 % 1.9% -2.5% redevelopment and Easter falling in March. Conference Center sales Tax 1,708,461 1,655,000 1,740,000 1,707,000 in relationship to general sales tax -1.9% Public Accomodations Tax 1,573,289 1,605,000 1,605,000 1,572,000 in relationship to general sales tax -2.1 Conference Center 3,281,750 3,260,000 3,345,000 3,279,000 total of conference center and public accomodations taxes. County Sales Tax 511,870 491,952 484,152 479,750 479,750 476,200 -1.0% -3.9% -1.6% -0.9% 0.0% -0.7% same historical relationship to sales tax Property Tax Revenue 2,420,327 2,630,105 2,667,496 2,478,145 2,478,145 2,468,920 Estimate pending information from county 16.2% 8.7% 1.4% -7.1 % 0.0% -0.4% Lift Tax Revenue 2,145,587 2,344,921 2,273,055 2,420,500 2,420,500 2,438,000 Inflation less redevelopment 9.4% 9.3% -3.1 % 6.5% 0.0% 0.7% Road 8 Bridge Revenue 477,279 492,166 474,919 464,000 450,000 450,000 Trend is down; left flat with projected 2.4% 3.1 % -3.5% -2.3% -3.0% 0.0% Highvaay Users Tax 219,674 217,835 195,571 199,125 199,125 197,397 Trend is down; based on 8/30-CML estimate -2.6% -0.8% -10.2% 1.8% 0.0% -0.9% Parking Revenue 2,313,445 2,548,806 2,993,378 2,905,000 2,905,000 2,905,000 Assuming parking rates to stay the same as 16.8% 10.2% 17.4% -3.0% 0.0% 0.0% '03-04; left flat Franchise Fees 628,427 580,372 592,875 614,500 639,700 659,500 Inflationary increase; based on utility sales 8.9% -7.6% 2.2% 3.6% 4.1% 3.1% utility company revenues Construction Fees 789,170 854,377 1,020,917 904,445 1,128,060 2,536,800 increase due to redevelopment projects 30.1 % 8.3% 19.5% -11.4% 24.7% 124.9% RETT Tax 3,029,526 2,943,338 3,270,723 2,750,000 4,225,000 4,623,000 increase due to redevelopment projects -13.9% -2.8% -15.9% 53.6% 9.4% All Other Revenue 7,081,393 6,555,874 7,060,246 7,384,260 X8,523 525 7,756 001~~ 04 included 2.7 million in capital project -5.3% -7.4% 4.6% 15.4% -9.0% grants and reimbursements. Total Revenue 35.,351,085 34,924,327 39,049,634 38,585,525 41;;793;805 42,410,S1S.j 1.6% -1.2% 11.8% -1.2% 8.3% 1.5% Second Reading 041111 _7 _ 11/11/04 Town of Vail Summary of Changes in Personnel Requested From 2004 Original Budget to 2005 Proposed Budget General Capital RETT To Support Redevelopment Comments Fund Projects Fund Total Community Development 00 1 Plans Examiner Partial funding from Lionshead agreement 1.00 . Planning Tech Partial funding from Lionshead agreement 1.00 1.00 Building Inspector Partial funding from Lionshead agreement 1.00 1.00 Community Development Administrative Support Partial funding from Lionshead agreement 1.00 1.00 48) (0 Electrical Inspector Eliminated -new Building Inspector will conduct electrical inspections (0.48) . Subtotal Community Development 3.52 # - # - # 3.52 Fire Fire Inspector Partial funding from Lionshead agreement 1.00 1.00 Police Code Enforcement Officer Full funding from P3 development agreement -traffic control during ski season 0.48 0.48 Code Enforcement Officer Feb. 05 until Lionshead is complete; 2005 budget for 11 months 1.00 1.00 Subtotal Police 1.48 1.48 Public Works • 1 00 1.00 Engineer -Capital Projects Partial funding from Lionshead agreement . Construction Inspector Partial funding from Lionshead agreement 1.00 1.00 Summer Office Help Partial funding from Lionshead agreement 0.25 0.25 0.50 Streetscape Inspector -Summer only No developer funding -all TOV 0.50 0•~ Subtotal Public Works 1.75 1.25 - 3.00 Total to Support Redevelopment 7.75 1.25 - 9.00 Other Police Department Officer for I-70 education/enforcement One-year pilot program from mid-2004 to mid-2005 0.50 0.50 Town Manager's Office 0 20 0.20 Executive Assistant Adjust from 32 hours to 40 hours per week . Court Deputy Court Clerk Adjust from 32 hours to 40 hours per week 0.20 0.20 Finance Parking Auditor Reinstate position and Vansfer to Finance to address audit issues 0.50 0.50 Town Clerk's Office Administrative Support 10 hours/month for increased activity; hours not reduced with CSE as 0.06 0.06 Fire Fire Students 4 students paid when covering shifts or called in 0.11 0.11 Transportation Bus Drivers -Full-time converted from seasonal Unable to fill summer seasonal posftions 3.00 3.00 Bus Drivers -positions converted to full-Gme Unable to fill summer seasonal positions (2.61) (2.61) Subtotal Transportation 0.39 - - 0.39 Total Other -General Fund 1'96 1.96 Public Works Buidling Maintenance Specialist -RETT Fund For rest rooms, art shack, shelters, and other ancillary park buildings 1.00 1.00 Landscapers -RETT Fund Retum to October end of season 1.12 1.12 Subtotal Public Works - 2'12 2'12 Total Other 1.96 - 2.12 4.08 Total 9.71 1.25 2.12 13.08 Version 2 -8- Version 2 9ncludes New Hires ~®wav ®f VaiB ~mp0®~ee Benefts a005 Budged Pr®p®sa0 FuII~Tirne 12egu9aa~ Ergog~loyees Fee Based Health Insurance Group Term Life and Accidental Death Insurance Long-term Disability Insurance Survivor's Life Insurance Short-term Disability Insurance Wellness Benefit FPPA Contribution Subtotal Fee Based Payroll Based Pension Contribution Medicare Workers' Compensation Insurance Unemployment Compensation Insurance Subtotal Payroll ,Based TotaO Full~Tirne Benefits Part=Tune and Seasonal Ba~aployees Fee Based Wellness Payroll Based Pension contriburion Medicare Workers' Compensation Insurance Unemployment Compensation Insurance Subtotal Payroll Based Total Part~Tirroe and Seasonal Benefits Total Benefits ~ All f~rnplobees 1, 769, 500 73, 000 49,400 60,400 25,000 92, 000 34,000 2,103,300 1,730,562 159,971 308,909 27,581 2,227,023 4,330,323 80,300 18,874 18,244 35,231 3,146 75,494 Salary 16.0% 0.7% 0.4% 0.5% 0.2% 0.8% 0.3% 19.1% 15.7% 1.5% 2.8% 0.3% 20.2% 39.3% 6.4% 1.5% 1.5% 2.8% 0.3% 6.0% 155, 794 12.4% 4,486,117 36.5% Benefits 041102 - 9 - Version 3 Changes Highlighted TOlNlN OF VAIL 2005 BUDGET PROPOSAL SUflflI1flARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND Revenue Local Taxes: Sales Tax Property and Ownership Ski Lift Tax Franchise Fees, Penalties, and Other Taxes Licenses & Permits Intergovernmental Revenue Transportation Centers Charges for Services Fines & Forfeitures Earnings on Investments Rental Revenue Miscellaneous and Project Reimbursements Total Revenue Expenditures Salaries Benefits Subtotal Compensation and Benefits 2004 2005 2003 2004 Amended Proposed Actuals Budget Budget Budget $ 8,840,731 $ 8,835,480 8,881,480 $ 8,772,600 2,822,742 2,646,855 2,646,945 2,632,920 2,273,055 2,420,500 2,420,500 2,438,000 620,511 643,500 668,700 688,500 1,095,698 986,320 1,235,581 2,620,450 1,518,855 1,316,775 1,474,500 1, 324,597 2,993,378 2,928,500 3,001,367 2,955,000 567,672 607,485 707,285 688,337 201,458 189,250 189,250 202,900 113, 270 109, 000 109, 000 120, 000 616,411 707,142 707,142 748,865 236,729 36,950 292,159 283,950 21,900,510 21,427,757 22,333,909 23,476,119 9,591,749 9,843,911 10,177,543 10,703,391 3,193,732 3,400,576 3,494,124 3,710,434 12,785,481 13,244,487 13,671,667 14,413,825 Contributions and Special Events 1,184,765 1,167,346 947,346 81'1;876 All Other Operating Expenses 4,147,852 4,575,345 4,717,894 4;798;983 Heavy Equipment Operating Charges 1,341,469 1,463,158 1,469,908 1,609,506 Heavy Equipment Replacement Charges 397,712 405,467 437,977 581,522 Dispatch Services 450,531 463,813 463,813 559,034 Total Expenditures 20,307,810 21,319,616 21,708,605 22,774,746 Revenue Over (Under) Expenditures 1,592,700 108,141 625,304 701,373 Transfer to Capital Projects Fund Beginning Fund Balance Ending Fund Balance (1,708,800) 8,784,044 9,016,571 10,376,744 9,293,248 $ 10,376,744 $ 9,124,712 $ 9,293,248 $ 9,994,621 Second Reading 041111 - 10 - 11/11/04 Version 2 ~'®~n ®f !lsii 2005 ~Ir®gs®sed C®ntlrii~uti®ns Vail Chamber and Business Association (VCBA) Operations Premier Impressions The Vail Guide Vail Loves You Coupon Book Subtotal VCBA Vail Valley Chamber & Tourism Board (WCTB) Merged chamber operations Information Services PCT Rocky Mountain Classic at Vail Subtotal VVCTB Commission on Special Events Vail Valley Foundation 2009 World Alpine Championships Gerald R. Ford Ampitheater (Hot Summer Nights) Vail International Dance Festival Winter concert Series/Street Beat Subtotal Vail Valley Foundation Other ilRiscellaneous Contributions Bravo! Colorado -New York Philharmonic Bravo! Colorado Vail Jazz Foundtion Vail Farmers' Market -Traffic Control Arrangements ~ Agreements Eagle Valley Child Care Vail Valley TV/Channel 5 (38% franchise fee) Vail Valley Exchange Youth Recognition Award Vail Valley Althete Commission Vail Local AAarketing District Vail Today Vail Alpine Garden Foundation -Operating Support Vail Alpine Gardens -Pond Reconfiguration Vail Apline Gardens -Debt Repayment Eagle River UVatershed -line item in RETT Total Contributions from all Funds Summary by Fund General Fund Marketing Fund Capital Projects Fund RETT Fund Proposed 2004 2005 Budget Budget 200,000 25,000 25,000 5, 355 200,000 55,355 25,000 166,500 170,675 75,000 266,500 170,675 565,000. 590 000 160,000 20,000 20,000 12,500 12,500 16,571 16,571 209,071 49,071 95,000 95,000 21,375 21,375 6,650 6,650 5,000 5,000 30,000 30,000 57,000 57,000 7,000 7,000 4,750 4,750 50,000 50,000 44,000 25,000 - 100,000 100,000 1,642,346 1,285,876 1,167,346 811,876 300,000 280,000 175,000 194,000 1,642,346 1,285,876 Second Reading 041111 - 11 - Version 4 Second Reading Revenue Allocation of Sales Tax to CPF Transfer to GF for I-70 Noise mitigation Sales Tax Federal Grant Revenue Lease Revenue CDOT Reimbursement Transfer from General Fund Transfer from Dispatch Services Fund Transfer from RETT Project Reimbursement Eagle County Grant Revenue Interest Income 8 Other Total Revenue Expenditures Equipment Purchases Document Imaging Software 8 Hardware Upgrades Web Page DevelopmenUEcommerce Eagle County CAD / RMS Project Police Copier Police Vehicles Hardware Laptop Video Security for Jail Patrol Car Video Cameras Quick Response Vehicle -Fire Dept Fire Department Breathing Apparatus Repower Buses Replace Buses GPS for Buses Police Vehicles Vehicle Expansion Subtotal Equipment Purchases Capital Maintenance Bus Shelter Replacement Capital Street Maintenance Parking Structure Improvements General Facility Improvements Subtotal Capital Maintenance Buildings 8 Improvements Town Manager's Residence Town Manager's Office Fire infrastructure improvements Fiber Optics in Buildings Dobson Ice Arena TOWN OF VAIL 2005 BUDGET PROPOSAL SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2003 Original 2004 Proposed Actual 2004 Amended 2005 5,890,320 6,164,520 5,848,400 (46,000) - 5,893,821 $ 5,890,320 6,118,520 5,848,400 89,700 725,200 1,369,097 2,130,832 146,147 150,000 150,000 150,000 167,771 40,322 - 1,708,800 - 90,000 110,000 - 1,445,205 - 178,525 2,188,290 27,000 555,000. 366,000 1,000,000 90,750 45,000 50,000 25,000 7,830,422 7,365,520 13,546,234 9,181,232 116,394 40,000 40,000 40,000 102,671 172,000 172,000 42,000 12,000 12,000 50,000 323,842 250,000 676,600 50,000 - 10,310 68,485 - 11,500 11,500 - 22,500 - 45,000 100,000 107,370 - 25,000 25,000 25,000 15,484 126,000 - - 1,264,000 2,377,964 2,401,200 150,000 60,000 240,000 279,200 - - 40,300 1,152,637 2,173,000 3,830,119 2,943,810 Project Information 40% of total sales tax allocated to Capital Projects Bus replacements & Intermodal site in 2007 Lease revenue from City Market & employee housing Reimbursement for Bighorn flood remediation To fund Multi-Purpose Recreation Facility Computer-Aided Dispatch/Records Management System Multi-Purpose Recreation Facility'041 VRI Agreement '05 8'06 04 Countywide Computer Aided Dispatch P05 W. Vail Fire Station OCE maintenance, software upgrades, contract position Desktop OS upgrades, replacement PC's, server upgrades, AS400 Internet security 8 application interfaces County wide Computer Aided Dispatch/Records Mgmt System Purchase of new copier for records Comprehensive system to record all cameras; reduces liability Grant funding to be pursued before purchase Quick Response Vehicle Replacement of cylinders/compressor; grant funding to be pursued Replace transmissions and engines to extend useful life 4 buses ordered in'04 cxl to '05 ($1,361,526)+'05 budget End dump truck, mower and generator for Special Operations Group 9,750 10,000 30,250 30,000 625,580 740,000 855,000 890,000 Preventive maintenance, patching, overlays and seal coats 271,042 340,000 520,000 420,000 Various Parking Structure Improvements 427,374 519,000 571,286 331,500 Various Facility Capital Improvements 1,333,746 1,609,000 1,976,536 1,671,500 56,800 - 5,022 7,343 - Masterplan Costs/Design/W. Vail Fire Station contingent on the ability to 1,970 77,367 250,000 fund operations. Remodel of Main Vail Station 15,000 15,000 90,000 Cabling /Network Infrastructure 16,636 176,250 - Vail Recreation District -Design fees to expand capacity -12 - Version 4 Second Reading Way Finding Improvements Donovan Park Pavilion Muiti-Purpose Recreation Facility Subtotal Bldgs 1 Improvements streetscape Projects West & East Meadow Drive Village streetscape Subtotal streetscape Projects Housing Program Buy-Down Program Timber Ridge Debt Service Guarantee Subtotal Housing Program Lionshead Redevelopment Lionshead Improvements TOWN OF VAIL 2005 BUDGET PROPOSAL SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2003 Original 2004 Proposed Actual 2004 Amended 2005 14,426 85,573 - 2,133,166 51,465 42,000 55,415 150,000 1,677,290 - 2,866,213 165,000 2,147,088 382,000 47,139 204,617 87 095 1 990 425 4,271,425 -1';295,190 134,234 1,990,425 4,476,042 1,295,190 Project Information Reivise TOV map w/ a electronic directory, directory for merchants Additional blinds Red Sandstone facility; revenue from partners included above Construct streetscape, drainage, lighting. public art, landscaping -adds maintenance from Library to Fire Station 04 Start includes engineer salary; also funded by RETT 142,799 100,000 - 200,000 Net cost of deed restricted units for resale 52,029 925,000 - 925,000 230,070 1,025,000 - 1,125,000 Design costs to implement Town improvements: Construction costs for 64,463 350,000 104,616 300,000 Lionshead Redevelopment will be funded from developer contributions, TIF & other sources Subtotal Lionshead Redevelopment 64,463 350,000 104,618 300,000 Other Improvements Revise TOV Master Plans 100,000 Street Light Improvement Program 45,480 50,000 50,000 50,000 Drainage Improvements 15,545 75,000 75,000 75,000 Vail Today 6,390 - - I-70 Noise 88,196 391,000 63,303 550,000 Subtotal Other Improvements 213,811 516,000 188,303 775,000 Including Village, Lionshead and West Vail Add new street lights and refurbish residential lighting program Continue implementation of drainage master plan Total before Financing 6,776,124 7,828,425 12,722,704 8,492,500 Transfer for Debt Service 1,942,620 2,337,897 2,337,897 2,422,154 To fund debt service on all Town bonds Total Expenditures 8,718,744 10,166,322 15,060,601 10,914,654 Revenue Over (Under) Expenditures (888,322) (2,800,802) (1,514,367) (1,733,422) Beginning Fund Balance 8,942,580 3,901,242 8,054,258 6,539,891 Ending Fund Balance $ 8,054,258 $ 1,100,440 $ 6,539,891 $ 4,806,469 -13 - Version 4 . Second Reading TOWN OF VAIL 2005 BUDGET PROPOSAL Real Estate Transfer Tax Fund Five-Year Summary of Revenue and Expenditures REVENUE Real Estate Transfer Tax -Base Adjust for trend Adjust for redevlopment Real Estate Transfer Tax Golf Course Lease Lottery Revenue Land Sales & Exchange Project Reimbursements Interest Income 8 Other Recreation Amenity Fees Total Revenue EXPENDITURES Annual Maintenance RETT Collection Costs Rec. Path Capital Maintenance Alpine Garden Support Tree Maintenance Street Furniture Replacement Black Gore Creek Sand Mitigation Park Capital Maintenance Bear Proof Containers Park, Path 8 Landscape Maintenance Subtotal Maintenance Recreation Path/Trail Development Trail Signs Katsos Ranch Cascade Bike Path Treilhead Development North Trail N. Frontage Rd. (School to Roundabout) Gold Peak to Soccer Field Village Streetscape Design & Implement Meadow Drive Frontage Road Bike Trail Subtotal Pathways Capital Maintenance ADA Compliance w! VRD Dobson Roof Replacement Raw Water Project 2004 2003 2004 Amended Proposed Actuals Budget Budget 2005 Project Information $ 2,750,000 $ 2,750,000 625,000 850,000 $ 3,270,723 $ 2,750,000 $ 4,225,000 $ 4,623,000 107,941 112,579 112, 579 115,956 22,295 20,000 20,000 20,000 48,165 50,000 - 114,480 50,000 64,000 51,000 12,928 10,000 63,000 194,600 3,576,532 2,942,579 4,534,579 5,004,556 Adjusted to trend 2005 adjusted due to redevelopment; outer years due to trend 87,000 137,500 211,250 231,150 254,107 135,200 135,200 140,608 50,000 75,000 89,000 94,000 14,584 60,000 33,000 87,000 18,620 25,000 25,000 25,000 105, 750 100,000 150,000 100,000 - 114,500 17,100 9,500 9,500 10,000 687,945 857,281 791,917 1,097,991 1,235,106 1,399,481 1,444,867 1,900,249 10,898 - - - 150,000 20,000. zo,ooo 20,000 650,000 650,000 - 335,000 - - 410,850 1,750,000 2,450,000 ~, , _ 2 3~ 000 Collection fee remitted to the General Fund Capital maintenance of the town's rec. path system 05 $44K for pond reconfiguration Provide additional trees to Veil's public areas Additions and replacement of street furniture New in'05 to maintain playgoumds, resfrooms, etc. In TOV parks Ongoing path, park and open space maintenance Resurface rec path from Sunburst to E. Vail Widen recreation path from W. Haven to tennis courts Improve treilheads Fund Path from Red Sandstone Pedestiran Brdg to Roundabout Bike paths -portion of Vail Valley Ddve Project Expenditure in b5 reduced for acceleration in 2004 Construct widened 6' shoulders along all frontage roads; first priority - - is Blue Cow Chute to East Vail 756,748 2,420,000 3,120,000 2,470,000 - ,~ ~' tin Shared costs with VRD -recreational facilities 20,622 - 1,000 228,097 Convert parks from treated water to raw water -14- Version•4 Second Reading TOWM OF VAIL 2005 BUDGET PROPOSAL Real Estate Transfer Tax Fund Five-Year Summary of Revenue and Expenditures 2004 2003 2004 Amended Proposed Actuals Budget Budget 2005 Project Information Playground Safety Improvements - - 32605 moved in '04 to help fund pirate ship Pirate Ship Park -Per Safety Plan 235 332,370 - Big Hom Park -Per Safety Plan 225,000 - 225,000 Moved to 2005 Red Sandstone Park -Per Safety Plan _ Nature Center Bridge Replacement -Ford Park _ _ Public Art 74,166 75,000 64,213 120,000 Subtotal Capital Maintenance 95,023 300,000 397,583 623,097 Park Development Ford Park Playground Improvements Donovan Park White Water Park Gore Creek Promenade Bridge Red Sandstone School Soccer Site Lionshead Park Booth Creek Park Redevelopment Public Restrooms Skate Park Ford Park Master Plan-Improvements Property Acquisition Vail Memorial Park Subtotal Parts Development Open Lands Butell Snowbeny Open Space Acquisition Subtotal Open Lands Project Management Parks and Landscaping AIPP Subtotal Project Management Total Expenditures Revenue Over (Under) Expenditures Transfer to Capital Projects Fund Beginning Fund Balance Ending Fund Balance 136,531 12,000 41,000 1,180 108,000 41,683 118,317 227 100,000 - _ 2,300 - _ - 100,000 676 - _ 4,325 - 140,238 208,000 53,683 159,317 500,000 - - - 500,000 Funds 3rd hole at Whitewater Park -will move '04 to '05 Will move '04 to b6 ReconsWct park W. Meadow Drive 8 Vail Road Per councils request 10/19/04 Revisit Ford Park Management Plan adopted in April of'97 Deed requests 75,360 78,827 78,827 81,735 Landscape architect 72,913 58,496 - 84,326 AIPP salary and operating expenses related to RETT 148,273 137,323 78,827 166,061 2,380,389 4,464,804 5,094,960 5,918,724 1,196,143 (1,522,225) (560,381) (914,168) (1,445,205) 5,084,315 4,291,484 6,280,458 4,274,872 $ 6,280,458 $ 2,769,259 $ 4,274,872 $ 3,360,704 -15- Version 1 Revenue Business Licenses Earnings on Investments Total Revenue TOIIVN OF VAIL 2005 BU®GET PROPOSAL SUIVINAARV OF REVENUE, EXPEN®ITURES AN®CHANGES IN FUN® BALANCE Expenditures Marketing Expenses Collection Fee -General Fund Total Expenditures Revenue Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance !TAIL NflARI(ETING FUN® 2004 2005 2003 2004 Amended Proposed Actuals Budget Budget Budget $ 314,867 $ 316,000 $ 316,000 $ 308,000 2,412 - - - 317,279 316,000 316,000 308,000 297,000 300,000 311,000 280,000 15, 743 15, 800 15, 800 15, 400 312,743 315,800 326,800 295,400 4,536 200 (10,800) 12,600 38,326 29,446 $ 42,862 $ 32,062 $ 42,862 $ 29,646 $ 32,062 $ 44,662 DEBT SERVICE FUN® . 2004 2005 2003 2004 Amended Proposed Actual Budget Budget Budget Revenue Transfer from Capital Projects Fund $ 1,942,620 $ 2,337,897 $ 2,337,897 $ 2,422,154 Earnings on Investments and Other 6,148 - - - Total Revenue 1,948,768 2,337,897 2,337,897 2,422,154 Expenditures Principal 1,140,000 1,605,000 1,605,000 1,695,000 Interest Expense 735,948 689,099 689,099 620,299 Fiscal Agent Fees 1,550 2,500 2,500 2,500 Total Expenditures 1,877,498 2,296,599 2,296,599 2,317,799 Revenue Over (Under) Expenditures 71,270 41,298 41,298 104,355 Beginning Fund Balance 58,940 131,948 130,210 171,508 Ending Fund Balance $ 130,210 $ 173,246 $ 171,508 $ 275,863 Second Reading 041111 - 16 - Version 2 Second Reading TONUN OF NAIL 2005 BUDGET PROPOSAL SUMMARY OF REVENUE, EXPENDITURES AHD CHANGES IN FUND BALANCE Revenue Town of Vail Interagency Charge Insurance Reimbursements & Other Earnings on Investments Equipment Sales and Trade-ins Total Revenue Expenditures Salaries & Benefits Operating, Maintenance & Contracts Capital Outlay Total Expenditures Revenue Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance HEAVY EQUIPMENT FUND 2004 2005 2003 2004 Amended Proposed Actuals Budget Budget Budge4 1,739,181 1,923,795 1,956,305 2,256,246 23,825 37,900 37,900 37,900 5,649 3,400 3,400 5,300 119,150 47,400 47,400 101,860 1,887,805 2,012,495 2,045,005 2,401,306 790,706 817,109 817,109 841,209 699,225 700,704 700,704 801,842 195,109 567,200 567,200 519,920 1,685,040 2,085,013 2,085,013 2,162,971 202,765 (72,518) (40,008) 238,335 287,132 436,768 489,897 449,889 $ 489,897 $ 364,250 $ 449,889 $ 688,224 HEALTH INSURANCE FUND 2004 2005. 2003 2004 Amended Proposed Actuals Budget Budget Budget Revenue Town of Vail Interagency Charge -Premiums 1,534,519 1,596,000 1,596,000 1,794,500 Employee Contributions 208,979 207,000 207,000 278,000 Insurer Proceeds 37,506 - - - Earnings on Investments 9,775 8,000 8,000 10,000 Total Revenue 1,790,779 1,811,000 1,811,000 2,082,500 Expenditures Health Inuurance Premiums Claims Paid Short-term Disability Pay Professional Fees Total Expenditures Revenue Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance 268,737 309,000 309,000 248,000 1,418,022 1,450,000 1,450,000 1,782,500 15,755 25,000 25,000 25,000 29,968 27,000 27,000 27,000 1,732,482 1,811,000 1,811,000 2,082,500 58,297 - - 757,075 757,075 815,372 815,372 $ 815,372 757,075 $ 815,372 815,372 Second Reading 041111 - 17 - 11/11/04 Version 1 TO~If~ ®F VAIN 2005 S99DGE~ PI20POSA~. SUMIVIARV OF REVE6~IUE, EX~EN®ITIJRES, AN®CFIARIGES IIV F111V® 13A@~iNCE ®ISPATCI~I SERVICES Fl1N® 2004 Zoos 2003 2004 Amended Proposed Actuals ~ Budge4 Budget Budget Revenue E911 Board Revenue 362,970 391,648 391,648 345,660 Interagency Charges 674,253 711,875 711,875 814,058 Town of Vail Interagency Charge 450,531 463,815 463,815 559,054 Earnings on Investments 5,335 - - - E911 BOARD Capital Grant 279,517 - - - Total Revenue 1,772,606 1,567,338 1,567,338 1,718,772 Expenditures Salaries ~ Benefits 1,289,062 1,276,096 1,276,096 1,326,856 Operating, Maintenance & Contracts 112,619 220,785 220,785 354,085 Capital Outlay 160,445 13,750 132,822 11,750 Total Expenditures 1,562,126 1,510,631 1,629,703 1,692,691 Revenue Over (Under) Expenditures 210,480 56,707 (62,365) 26,081 Transfer to Capital Projects Fund (90,000) - (110,000) Beginning Fund Balance 266,212 254,775 386,692 214,327 Ending Fund Balance 386,692 311,482 214,327 240,408 Second Reading 041111 - 18 - 11/11/04 Version 1 T0~1/N OF VAIL 2005 BUDGET PROPOSAL REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CONFERENCE CENTER FUND 2004 2005 2003 Amended 2004 Proposed Actual Budge4 Projection Budget Revenue Sales Tax 1,703,864 1,740,000 1,740,000 1,707,000 Public Accomodations Tax 1,573,289 1,605,000 1,605,000 1,572,000 Subtotal Taxes 3,277,153 3,345,000 3,345,000 3,279,000 Penalties and Interest on Delinquent Taxes 4,598 Interest 18,824 3,300,575 3,345,000 3,345,000 3,279,000 Expenditures - Admin Management Fee 163,848 167,250 167,250 163,950 Office Supplies 4,785 4,000 4,000 Postage 966 1,300 1,300 Subtotal Administration 169,599 172,550 172,550 163,950 Capital Outlay Professional Fees 93,867 270,000 208,733 49,271 Design Fees 10,571 830,000 664,674 658,599 Subtotal Capital Outlay 104,438 1,100,000 873,407 707,870 Total Expenditures 274,037 1,272,550 1,045,957 871,820 Revenue Over (Under) Expenditures 3,026,538 2,072,450 2,299,043 2,407,180 Beginning Fund Balance - 3,026,538 3,026,538 5,325,581 Ending Fund Balance 3,026,538 5,098,988 5,325,581 7,732,761 NOTE: Includes costs to be incurred up to the point of a go/no go decision on construction and bonding Second Reading 041111 - 19 - Version 2 ' Changes Highlighted TOWN OF VAIL 2005 BUDGET PROPOSAL SUMflflARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND 2004 _ 2005 Amended Proposed Budget Budget 2006 2007 2008 2009 .Revenue Local Taxes: ' Sales Tax 8,881,480 $ 8,772,600 $ 9,100,200 $ 9,977,400 $ 10,827,600 $ 11,361,600 Property and Ownership 2,646,945 2,632,920 2,675,100 2,732,700 2,882,800 2,942,200 Ski Lift Tax 2,420,500 2,438,000 2,553,790 2,673,820 2,829,315 2,914,050 Franchise Fees, Penalties, and Other Taxes 668,700 688,500 705,710 723,350 741,430 759,970 Licenses & Permits 1,235,581 2,620,450 1,453,610 1,100,670 1,143,330 1,187,900 Intergovernmental Revenue 1,474,500 1,324,597 1,351,090 1,378,110 1,405,670 1,433,780 Transportation Centers 3,001,367 2,955,000 3,028,880 3,104,600 3,182,220 3,261,780 Charges for Services 707,285 688,337 705,550 723,190 741,270 759,800 Fines & Forfeitures 189,250 202,900 207,970 213,170 218,500 223,960 Earnings on Investments 109,000 120,000 131,000 125,000 124,000 126,000 Rental Revenue 707,142 748,865 767,590 786,780 806,450 826,610 Miscellaneous and Project Reimbursements 292,159 283,950 285,750 95,590 77,480 79,420 Total Revenue 22,333,909 23,476,119 22,966,240 23,634,380 24,980,065 25,877,070 6.8% -2.2% 2.9% 5.7% 3.6% Expenditures Salaries 10,177,543 10,703,391 11,134,900 11,245,700 11,675,100 12,142,100 Benefits 3,494,124 3,710,434 3,878,800 3,953,200 4,128,500 4,314,300 Subtotal Compensation and Benefits 13,671,667 14,413,825 15,013,700 15,198,900 15,803,600 16,456,400 Contributions and Special Events 947,346 81.1,876 832,200 853,000 874,300 896,200 All Other Operating Expenses 4,717,894 4;799,983 ! 4,919,000 5,042,000 5,168,100 5,297,300 Heavy Equipment Operating Charges 1,469,908 1,609,506 1,617,000 1,671,300 1,727,600 1,785,900 Heavy Equipment Replacement Charges 437,977 581,522 588,800 596,200 603,600 611,100 Dispatch Services 463,813 559,034 592,000 613,900 636,600 660,300 Total Expenditures 21,708,605 22,774,746 23,562,700 23,975,300 24,813,800 25,707,200 4.8% 3.5% 1.8% 3.5% 3.6% Revenue Over (Under) Expenditures 625,304 701,373 (596,460) (340,920) 166,265 169,870 Transfer to Capital Projects Fund (1,708,800) - Beginning Fund Balance 10,376,744 9,293,248 9,994,621 9,398,161 9,057,241 9,223,505 Ending Fund Balance $ 9,293,248 $ 9,994,621 $ 9,398,161 $ 9,057,241 $ 9,223,505 $ 9,393,375 Fund Balance as a per cent of revenue 43% 41 % 38% 37% 36% Second Reading 041111 _20 _ Version 4 . Second Reading TOWN OF VAIL 2005 BUDGET PORPOSAL SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2004 Proposed Amended 2005 2008 2007 2008 2009 Project Information Revenue Allocation of Sales Tax to CPF 6,164,520 5,848,400 6,066,800 6,651,600 7,218,400 7,574,400 Transfer to GF for I-70 Noise mitigation (46,000) - Sales Tax 6,118,520 5,848,400 $ 6,066,800 $ 6,651,600 $ 7,218,400 $ 7,574,400 40% of total sales tax allocated to Capital Projects Federal Grant Revenue 1,369,097 2,130,832 811,800 3,780,000 1,120,000 510,000 Bus replacements & Intermodal site in 2007 Lease Revenue 150,000 150,000 150,000 150,000 150,000 150,000 Lease revenue from City Market & employee housing CDOT Reimbursement 40,322 - Reimbursement for Bighorn flood remediation Transfer from General Fund 1,708,800 - To fund Multi-Purpose Recreation Facility Transfer from Dispatch Services Fund 110,000 - Computer-Aided Dispatch/Records Management System Transfer fromRETT Project Reimbursement 1,445,205 2,188,290 - 27,000 27,000 Multi-Purpose Recreation Facility'04/ VRI Agreement'05 & '06 Eagle County Grant Revenue 366,000 1,000,000 04 Countywide Computer Aided Dispatch /'05 W. Vail Fire Station Interest Income 8 Other 50,000 25,000 19,000 16,000 11,000 17,000 Total Revenue 13,546,234 9,181,232 7,074,600 10,597,600 8,499,400 8,251,400 Expenditures Equipment Purchases Document Imaging 40,000 40,000 40,000 40,000 40,000 40,000 OCE maintenance, software upgrades, contract position Software & Hardware Upgrades 172,000 42,000 133,000 72,000 43,000 52,000 Desktop OS upgrades, replacement PC's, server upgrades, AS400 Web Page DevelopmenUEcommerce 12,000 50,000 12,000 20,000 12,000 12,000 Internet security & application interfaces Eagle County CAD / RMS Project 676,600 50,000 50,000 50,000 50,000 50,000 County wide Computer Aided Dispatch/Records Mgmt System Police Copier - 10,310 Purchase of new copier for records Police Vehicles Hardware Laptop 68,485 - Video Security for Jail 11,500 - Comprehensive system to record all cameras; reduces liability Patrol Car Video Cameras - 45,000 Grant funding to be pursued before purchase Fire Truck - - 735,000 Replace pumper; refurbish Aerial Pumper - Quick Response Vehicle -Fire Dept 107,370 - Quick Response Vehicle Fire Department Breathing Apparatus 25,000 25,000 30,000 Replacement of cylinders/compressor; grant funding to be pursued Repower Buses - - 126,000 Replace transmissions and engines to extend useful life Replace Buses 2,377,964 2,401,200 3,834,000 4 buses ordered in '04 cxl to'05 ($1,361,526) +'05 budget GPS for Buses 60,000 240,000 375,000 Police Vehicles 279,200 - Vehicle Expansion - 40,300 End dump truck, mowerand generator for Special Operations Group Subtotal Equipment Purchases 3,830,119 2,943,810 768,000 917,000 3,979,000 154,000 Capital Maintenance Bus Shelter Replacement 30,250 30,000 10,000 30,000 10,000 30,000 Capital Street Maintenance 855,000 890,000 932,000 1,032,000 950,000 980,000 Preventive maintenance, patching, overlays and seal coats Parking Structure Improvements 520,000 420,000 525,000 440,000 460,000 495,000 Various Parking Structure Improvements General Facility Improvements 571,286 331,500 405,000 270,000 540,000 280,000 Various Facility Capital Improvements Subtotal Capital Maintenance 1,976,536 1,671,500 1,872,000 1,772,000 1,960,000 1,785,000 Buildings 8< Improvements Town Manager's Residence 56,800 - Town Manager's Office 7,343 - Masterplan Costs/Design/W. Vail Fire Station contingent on the ability to Fire infrastructure improvements 77,367 250,000 2,500,000 725,000 fund operations. Remodel of Main Vail Station Fiber Optics in Buildings 15,000 90,000 15,000 15,000 15,000 15,000 Cabling 1 Network Infrastructure Dobson Ice Arena 176,250 - Vail Recreation District -Design fees to expand capacity 21- Version 4~ Sewnd Reading TOWN OF VAIL 2005 BUDGET PORPOSAL SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2004 Proposed Amended 2005 2006 2007 2008 2009 Project Information Way Finding Improvements 85,573 - Reivise TOV map w/ a electronic directory, directory for merchants Donovan Park Pavilion 51,465 42,000 Additional blinds Multi-Purpose Recreation Facility 1,677,290 Red Sandstone facility; revenue from partners included above Subtotal Bldgs /Improvements 2,147,088 382,000 2,515,000 740,000 15,000 15,000 Streetscape Projects West 8 East Meadow Drive 204,617 900,000 950,000 1,320,000 ~ Construct streetscape, drainage, lighting. public art, landscaping -adds East Meadow Drive-Streetscape Heat - - - 965 000 1 025 000 maintenance from Library to Fire Station , , , Per councils request on 9/21/04 Village Streetscape 4,271,425 1.;295 190' 1,535,300 04 Start includes engineer salary; also funded by RETT Residential Reconstruct - 1,600,000 Overhaul residential sVeets Subtotal Streetscape Projects 4,476,042 1,295,190 3,400,300 1,975,000 1,320,000 _ 1,600,000 Housing Program Buy-Down Program Timber Ridge Debt Service Guarantee Subtotal Housing Program Lionshead Redevelopment Lionshead Improvements - 200,000 100,000 100,000 100,000 100,000 Net cost of deed restricted units for resale 925,000 - 1,125,000 100,000 100,000 100,000 100,000 104,616 300,000 Intermodal Site - 3,750,000 Subtotal Lionshead Redevelopment 104,616 300,000 3,750,000 - Other Improvements Revise TOV Master Plans 100,000 Street Light Improvement Program 50,000 50,000 50,000 50,000 50,000 50,000 Drainage Improvements 75,000 75,000 75,000 75,000 75,000 75,000 1-70 Noise 63,303 550,000 250,000 250,000 250 000 250 000 Subtotal Other Improvements 188,303 775,000 375,000 375,000 375,000 375,000 Design costs to implement Town improvements: Construction costs for Lionshead Redevelopment will be funded from developer contributions, TIF & other sources Federal funding included in revenue Including Village, Lionshead and West Vail Add new street lights and refurbish residential lighting program Continue implementation of drainage master plan Total before Financing 12,722,704 8,492,500 9,028,300 9,629,000 7,749,000 4,029,000 W. Vail Station Bonds (1,500,000) 85,755 125,429 124,214 Certificates of Participation (GOP's) 25 year term Main Vail Renovations (725,000) 43,415 66,230 (GOP's) 15 year tens Transfer for Debt Service 2,337,897 2,422,154 2,236,200 2,322,497 2,321,825 2,320,363 To fund debt service on all Town bonds Total Expenditures 15,060,601 10,914,654 9,764,500 11,312,252 10,239,669 6,539,807 Revenue Over (Under) Expenditures (1,514,367) (1,733,422) (2,689,900) (714,652) (1,740,269) 1,711,593 Beginning Fund Balance 8,054,258 6,539,891 4,806,469 2,116,569 1,401,917 (338,352) Ending Fund Balance $ 6,539,891 $ 4,806,469 $ 2,116,569 $ 1,401,917 $ (338,352) $ 1,373,241 -22- Version 4' Second Reading TObUN OF VAIL 2005 BUDGET PROPOSAL Real Estate Transfer Tax Fund Five-Year Summary of Revenue and Expenditures REVENUE Real Estate Transfer Tax Golf Course Lease Lottery Revenue Project Reimbursements Interestlncome 8 Other Recreation Amenity Fees Total Revenue 2004 Amended Proposed Budget 2005 2006 2007 2008 2009 Protect Information $ 4,225,000 $ 4,623,000 $ 4,828,000 $ 8,525,000 $ 4,620,000 $ 4,850,000 112, 579 115, 956 119,435 123, 018 126, 709 130, 510 20,000 20,000 20,000 20,000 20,000 20,000 50,000 - 64,000 51,000 56,000 57,000 65,000 75,000 63,000 194,600 16,900 17,700 18,600 19,500 4,534,579 5,004,556 5,040,335 8,742,718 4,850,309 5,095,010 Adjusted to trend 2005 adjusted due to redevelopment; outer years due to trend EXPENDITURES Annual Maintenance RETT Collection Costs Rec. Path Capital Maintenance Alpine Garden Support Tree Maintenance Street Furniture Replacement Black Gore Creek Sand Mitigation Park Capital Maintenance Bear Proof Containers Park, Path 8 Landscape Maintenance Subtotal Maintenance Recreation PathfTrafl Development Katsos Ranch Cascade Bike Path Trailhead Development N. Frontage Rd. (School to Roundabout) Village SVeetscape Design & Implement Meadow Drive Frontage Road Bike Trail Subtotal Pathways Capital Maintenance ADA Compliance w/VRD Dobson Roof Replacement Raw Water Project Pirate Ship Park -Per Safety Plan Big Hom Park -Per Safety Plan Red Sandstone Park -Per Safety Plan Public Art Subtotal Capital Maintenance 211,250 231,150 241,400 426,250 231,000 242,500 135,200 140,608 146,232 152,082 158,165 164,491 89,000 94,000 52,000 54,080 56,243 58,493 33,000 87,000 60,000 60,000 60,000 60,000 25,000 25,000 25,000 25,000 25,000 25,000 150,000 100,000 100,000 100,000 100,000 100,000 - 114,500 95,000 100,000 105,000 110,000 9,500 10,000 791, 917 1, 097, 991 1,129, 581 1,174, 0 89 1,164,586 1, 268 ,460 1,444,867 1,900,249 1,849,213 2,091,501 1,899,994 2,028,944 Collection fee remitted to the General Fund Capital maintenance of the town's rec. path system OS $44K for pond reconfiguration Provide additional trees to Vail's public areas Additions and replacement of street furniture New in '05 to maintain playgrounds, restrooms, etc. In TOV parks Ongoing path, park and open space maintenance - - 500,000 500,000 Resurface rec path from Sunburst to E. Vail - 150,000 Widen recreation path from W. Haven to tennis courts 20,000 20,000 20,000 20,000 20,000 20,000 Improve trailheads 650,000 - Fund Path from Red Sandstone Pedestiran Brdg to Roundabout 2,450,000 ' 2 300;090;y 1,250,000 Expenditure reduced in'OS due to acceleration in 2004 - - 1,025,000 800,000 1,080,000 1,050,000 Construct widened 6' shoulders along all frontage roads; first priority - - is Blue Cow Chute to East Vail 3,120,000 2,470,000 2,795,000 2,370,000 1,100,000 20,000 - ,~ ~ 50 Qt)0. , , _ _._ „50000 __., 50 0004 - - ~30Q000 1,000 228,097 332,370 - - 225,000 - - 200,000 64,213 120,000 75,000 75,000 75,000 75,000 397,583 623,097 325,000 125,000 75,000 375,000 Shared costs wtth VRD -recreational facilities Convert parks from Veated water to raw water Will move to 2005 -23- Version 4 Second Reading TOWN OF VAIL 2005 BUDGET PROPOSAL Real Estate Transfer Tax Fund Five-Year Summary of Revenue and Expenditures Park Development Donovan Park White Water Park Gore Creek Promenade Bridge Lionshead Park Booth Creek Park Redevelopment Public Restrooms Skate Park Ford Park Master Plan-Improvements Subtotal Park Development Open Lands Open Space Acquisition Subtotal Open Lands Project Management Parks and Landscaping AIPP Subtotal Project Management Total Expenditures Revenue Over (Under) Expenditures Transfer to Capkal Projects Fund Beginning Fund Balance Ending Fund Balance 2004 Amended Proposed Budget 2005 2006 2007 2008 2009 Project Information 12,000 41,000 41,683 118,317 - - 125,000 - - 100,000 690,000 - - 250,000 - - 420,000 - 100,000 300,000 1,000,000 1,000,000 1,000,000 53,683 159,317 475,000 2,110,000 1,000,000 1,000,000 - 500,000 - - - - - 500,000 - - - - Funds 3rd hole at Whitewater Park -will move '04 to '05 Will move '04 to '06 Reconstruct park W. Meadow Drive & Vail Road Per wuncils request 10/19/04 Revisit Ford Park Management Plan adopted in April of '97 78,827 81,735 84,187 86,713 89,314 91,993 Landscape architect - 84,326 58,598 60,356 62,166 64,031 AIPP salary and operating expenses related to RETT 78,827 166,061 142,785 147,068 151,480 156,025 5,094,960 5,918,724 5,888,998 6,843,569 4,226,474 3,579,969 (560,381) (1,445,205) 6,280,458 (914,168) (846,663) 1,899,149 623,834 1,515,041 4,274,872 3,360,704 2,514,041 4,413,191 5,037,025 $ 4,274,872 $ 3,360,704 $ 2,514,041 $ 4,413,191 $ 5,037,025 $ 6,552,066 -24- r Version 1 TONNN OF VAIL 2005 BUDGET PROPOSAL SUIMIUiARY OF REVENUE, E}tPENDITURES AND CFIANGES IN FUND BALANCE 2004 Amended Budget Revenue Town of Vail Interagency Charge Insurance Reimbursements & Other Earnings on Investments Equipment Sales and Trade-ins Total Revenue Expenditures Salaries & Benefits Operating, Maintenance & Contracts Capital Outlay Total Expenditures Revenue Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance Proposed Budget 200f> 2007 2008 2009 1,956,305 2,256,246 2,271,200 2,334,600 2,400,100 2,467,700 37,900 37,900 38,800 39,800 40,800 41,800 3,400 5,300 8,800 10,100 11,800 12,100 47,400 101,860 72,690 62,090 119,260 120,820 2,045,005 2,401,306 2,391,490 2,446,590 2,571,960 2,642,420 817,109 841,209 876,000 912,200 949,900 989,100 700,704 801,842 821,900 842,400 863,500 885,100 567,200 519,920 648,600 528,600 646,700 843,300 2,085,013 2,162,971 2,346,500 2,283,200 2,460,100 2,717,500 (40,008) 238,335 44,990 163,390 111,860 (75,080) 489,897 449,889 688,224 733,214 896,604 1,008,464 $ 449,889 $ 688,224 $ 733,214 $ 896,604 $ 1,008,464 $ 933,384 HEAVY E(~UIPIlflENT FUND 2005 Second Reading 041111 - 25 - Version 1 ®~SP~~~F~ SERFS&CE fF~N® S~D~~fi~8~~f ®I~ REF~E~1~9E, EXPEN®B~~RES ~N® ~B~A9~GES ~~l fF~D9~~ f~A~fi~CE aoo4 coos Amended Proposed Budget Budget coos aoo7 aoo8 aoo~ Revenue E911 Board Revenue 391,648 345,660 359,900 374,800 390,300 406,400 Interagency Charges 711,875 814,058 862,000 893,900 927,000 961,400 Town of Vail Interagency Charge 463,815 559,054 592,000 613,900 636,600 660,300 Earnings on Investments - - E911 BOARD Capital Grant - - Total Revenue 1,567,338 1,718,772 1,813,900 1,882,600 1,953,900 2,028,100 Expenditures Salaries & Benefits 1,276,096 1,326,856 1,381,700 1,438,800 1,498,200 1,560,100 Operating, Maintenance & Contracts 220,785 354,085 362,900 372,000 381,300 390,800 Capital Outlay 132,822 11,750 12,000 12,300 12,600 12,900 Total Expenditures 1,629,703 1,692,691 1,756,600 1,823,100 1,892,100 1,963,800 Revenue ®ver (Under) Expenditures (62,365) 26,081 57,300 59,500 61,800 64,300 Transfer 4o Capital Projects Fund (110,000) - Beginning Fund Balance 386,692 214,327 240,408 297,708 357,208 419,008 Ending Fund Balance $ 214,327 $ 240,408 297,708 357,208 419,008 483,308 Second Reading 041111 - 26 - ORDINANCE NO. 25 SERIES OF 2004 ' ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATBONS TO PAY TI"IE COSTS, EXPENSES, AND LIAEILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR .DANUARY ~, 2005 TE~R000H DECEMBER 3'I, 2005 WHEREAS, in accordance with Article IX of the Charter of the Town of Vail,. Colorado, the Town Manager prepared and submitted to the Town Council a proposed long-range capital program for the Town and a proposed budget and financial plan for all Town funds and activities for the fiscal year; and WHEREAS, notice of public hearing on the proposed Town budget and capital program was published on the 2nd of November, 2004, more than seven (7) days prior to the hearing held on the 16th of November, 2004, pursuant to Section 9.5 of the Charter; and WHEREAS, it is necessary for the Town Council to adopt a budget and financial plan for the 2005 fiscal year, to make appropriations for the amounts specified in the budget; and NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado, for the enactment hereof, have been fulfilled. 2. Pursuant to Article IX of the Charter, the Town Council hereby makes the following annual appropriations for the Town of Vail, Colorado, for its fiscal year beginning on the first day of January, 2005, and ending on the 31St day of December, 2005: Ordinance No. 25, Series of 2004 FIYRI® ~4AA®tJFVT General Fund 22,774,746 Capital Projects Fund 10,914,654 Real Estate Transfer Tax Fund 5.918,724 Conference Center Fund 871,820 Vail Marketing Fund 295,400 Debt Service Fund 2,317,799 Heavy Equipment Fund 2,162,971 Health Insurance Fund 2,082,500 Dispatch Services Fund 1,692,691 Total Before Intertund Transfers 49,031,305 Less Interfund Char es & Transfers 7,462,821 I~ET EXPEN®ITUFtE 13U®C~ET ~ 41,568,484 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2005 fiscal year for the Town of Vail, Colorado, which are incorporated by reference herein and made part hereof, and copies of said public records shall be made available to the public in the Municipal Building of the Town. This Ordinance shall take effect five (5) days after publication following the final passage hereof. 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 5. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 6. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under . or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Ordinance No. 25, Series of 2004 7. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 2nd day of November, 2004. A public hearing shall be held hereon AT 6 P.M on the 16th day of November, 2004, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED AS AMENDED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 16th day of November, 2004. Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 25, Series of 2004 ~! `l L: G~ -~ ~~~~~ ~s untraditional marketing 2004 ~IVTE~~EPT ST'~JDY SEA'®NI~ I)FT'-November 16, 2004 n ~i r, n ~~ ti.. ~~ 'I ~..al ~I' C' L.. Introduction: The following report summarizes the results of the 2004 Commission on Special Events research for the Town of Vail. The research was executed as random intercept surveys at numerous events over the course of the spring and summer months in the Town of Vail. This study was designed to provide a comprehensive overview of Vail visitors at select events and an estimated return on investment based on the promoter's attendance numbers. The program focused in detail on visitor demographics, anticipated expenditures, the events influence on a guest's intent to return, overall impression of Vail, what type of events /activities guests are interested in and if they traveled to Vail specifically to attend the event. The events chosen to survey were selected by the Commission on Special Events, based on the amount of CSE funding and the perceived historical impacts. These events included the Vail Film Festival, Spring Back to Vail, Teva Mountain Games, Vail Arts Festival, Big Wheel, Brews `n' Chili, Got Milk? 3 v.3 Soccer Tournament, Vail Classic and Oktoberfest. During each of the events, no less than 124 intercept surveys were conducted for a total of 1,256 survey respondents. The survey began with the Vail Film Festival in April and concluded at Vail's Oktoberfest in September. While this survey begins to unveil the benefits of event funding for the Town of Vail, Untraditional Marketing would recommend that a second phase of this study be completed to validate event attendance numbers. This missing link would provide a finite economic return on investment for event funding in the Town of Vail. In the 2004 model, the events' promoters estimated their own attendance. PO Box 1430, Vail. CO 81658 970.477.0111 www.untraditional.com ~`11! Mr ~~..'~ ~~s + ,~.,~#~ ••~ "-tf'h. 4J ~~''i~~YYy ~F~~ ~~ J~A',~~4'.Zy .A •.;., µ ~ ,~y t't '. r ,~ Commission on Special Events - 2004 Intercept Study -Final Report D D n u r u D D G Produced by Untraditional Marketing 970-477-0111 1 1 1 1 1 1 1 t i t 1 1 1 Commission on Special Events - 2004 Intercept Study -Final Report ~'ype of Visitor 90.00% - - - - 80.00% ~ - _ _ - - - - 70.00% ~ 60.00% 50.00% -I ®Day Visitor 40.00% -1 ~ ~ r I ®Ovemight ~ I-I 0 Seasonal 30.00% -I ~ ~- Full-Time 20.00% I ~ I I j i - 1 •: 10.00% ~ r~ I %~ r.. 'i 0.00% I I' J ~~'~ ~ h': ~. I J . a J ~~° e Q~ ~° ~~ ~~ e5v o°`° ~y5 °~e ~ ~ ~ 5r G o~ ~~\~~ o°°'~ Pty ~ ,~~ O~` 5Q 5~ Event Produced by Untraditional Marketing 970-477-0111 I Commission on Special Events - 2004 Intercept Study -Final Report C Staying in The Vail Valley 100.00% T _ - - - - - so.oo°io ~ ~ - so.oo°i° -I ~ ' ® ° it ;~, ~o.oo% ~ I i I , I~ vaii 60.00% ~ ~ r ~' ~~ ~~ ~~ ~ I I ~ ~~ ®AvOn ~~ 50.00% I ~ ~ !' ~; ! I I I ~ i O Edwards 40.00% I ~ ~ ~ I I ~ ' j ~ 0 Bearer Creek li 30.00% .I ' i ~ ~ ~ ~ I i ~ ' ^ Eagle 20.00% I' ~' ~ ~ I I i I ~ I I ~ Other 10.00% ~:~ r:' ~^ ~ +ti I i f I 0.00% ., ~~ .-'aiYjL -~~_~ _J-i~1~d _ ~~~. _ is.''t~ ~ i1':~~.i ~, ~;s~ •\ Vida Ja` G G A o'~ • c ti ~~, tie ,~~` 0~ e~~ ooh ~yy. ~~ee ~~~ OaG~ ~F 5r a~G won ~a~ ~pA P o°°~ J O 5Q 5 Event ~ ~ ~`' ~ ~ • • • ~ ~ t7 i Colorado Residents & Desination Guests ao.oo°r° I _ - ^ so.oo°r° - I ~I ~ ~ i ! 50.00%-Iij ~I I~ I _~ II i I 40.00% I i i ~ ~ ~ ~ I ;`. I I I ~ Colorado ' I ®Other States 30.00% i I j ~ I~ I ~ ^ Other Countries 20.00% I ~ ~ { I. I o 10.OOo% II I i i 0.00/0 ~ ~ - r - -~- -i~ -i a~ gQ 5 Event D Produced by Untraditional Marketing 970-477-0111 2 Flu ~~ ii 0 u ~, i~ Commission on Special Events - 2004 Intercept Study -Final Report Geography of Colorado Residents 100.00% ~---- --- - - - - -- 80.00% ~ Vail Valley 60.00% I ®Fr t Ra 40 00% `) - ~~ r r .I 20 00% 0.00% F~ '~° ~ ~ Ja~~\~ ~°AOac~ 9Q Event on nge Town of Vail o Western Slope ^ Summit Co. Travel to Vail Specifically for the event L ~I n [] i r~ 10o.oo°i° T so.oo°i° 1 ~.. 60.00% { .f ~ ~ Yes ~. 40.00% ~ ~ ~ ®No f O NA 20.00% -} I~, 0.00% -LL ~-~I - _l-, Z ~ ~- ~_~- - - '- ~ o~ ~e ~,~o G~ ooe ~~\~~~ ~~AOa Qib o~~. Jai ~~ 5Q 5 Event Produced by Untraditional Marketing 970-477-0111 3 G ~x oJ~ •y ti ~~v roo,~ G\~yy ~e~ee P~ ~~ J~\ O~~o 5 '1 u L [' L y~ [] 0 C ~7 1 [] n u._ Commission on Special Events - 2004 Intercept Study -Final Report Going out after the event? 100.00% 80.00% 60.00% 40.00% 20.00% 0.00% ~- --- --- f r ~ ~ L I d - y 4 - ~ - -~; ^ Vail Film Festival ® Spring Back to Vail ~TMG ®BWC ^ Arts Festival e Soccer Shootout ~ Vail Classic Oktoberfest Responses Event positively or negatively influenced your future decision to return to Vail 90.00% - -- ------ .~ ~ ~ ' ~ a Vail Film Festival 70.00% ~ ~, I ®Spring Back to Vail 60.00% ~ / 1 ~ TMG 50.00% - , / ~ :, - I ~ BWC 40.00% -I ~ ~ ~ : ~ 1~1 -~ ~ ®Arts Festival 30.00%-~ ' ~ ~~ ~ I ~ ~- ~~ ,_~ pSoccerShootout 20.00% ,q ~ ~ - ®Vail Classic 10.00 /o - ° I ,1 ~ - : -~t~ ~~~ ; , D Oktoberfest 0.00% - ; -. -- Positive Negative Neutral Responses Produced by Untraditional Marketing 970-477-0111 4 -lP'y 0~~~~~ Sc`~A QQ`pA p ,co 5 Li L~ ~~ 0 ~l 0 fl 0 t i L Commission on Special Events - 2004 Intercept Study -Final Report Impression of Vail; Exceed, Meet, Plot Meet Expectations ,'I - ~ '~ ®V il Fil F 50.00% i , i in ~, ~ C ~ i i a m estival ~ ~ ~,~ , ~ ~ ~ ~ ®Spdng Back to Vail 40.00% - ' i .,y ~ ~~ ~ ~ ~ ~,~ i iJ TMG ' i ' ''~ ~ ~ Vii ~i ' ~~ ~ OBWC 30.00% . ~, 7 .1 ~ ~ ; ~~ E j ~ ?-~ ®Arts Festival 20.00% - ~ % j ~ ~~ %" ~ j i ~ . F~ ~~ I o SoccerShootout ~ i ~ i ~ ~ ®Vail Classic 10.00% '~ ~ ~ ~ ~% ~ ~ ~~ ~ ~ ~ .} i ~i ~ ~ ~ D Oktoberfest 0 00/ 3 .a ~ , " ! ~i I~;~ i ~ k- , . . - ~ ~ i Exceed Met Not Met Responses Attending other Activites in Vail (average) D [] r C L' Produced by Untraditional Marketing 970-477-0111 5 I;.._ ~~J, L II D [] L ,i [~ C1 0 0 Commission on Special Events - 2004 Intercept Study -Final Report Amount Spent on Lodging (average) $180 _ - , $150 ~~ ~., ... } , ~?cl} ~- $120 ~ - _ ~. _ ~~14'~ '~' ~ni~,2. r ~ _ Pd ~`~ $1~~3 i ~ {~ $90 51 ~ ~- --,~ X109 ~ ~,~ ~~_~ ~" ,.~ ~ - i $60 I ~° ~ ~ { ~^"~T- 1 ~}: ~ ~ $30 I i I. I ~. ~ ~- $0 , -i `,a Jai ~G G a °o~' '~° eye ~`~ `l' 5 Event Average Expenditure on Dining $100 $80 ~~----- -- -- $60 -~ ~~~ $40 -''-i .5 ~ ~ 552`. ~i $20 $0 ~ ~ ' ,- ~ a~ G a F ~~~ ~ ~~ F~ dap ~~A 5Q ~'~i I Ili (_ ~ ;~, C- r ~ 556 I ,~~ __S5~ ~ ~~. ~~ 1 I ~ ~ ~ ~ ~G ~ ~ ~J~. .`° yti 0 ~e5 r°° G~aSy ~e~ P~ o~g ~a\ o~° Off' 5 Event 6 Produced by Untraditional Marketing 970-477-0111 C u fl fl n t CJ [] I1 ~._i [I 0 u [l [] C f Commission on Special Events - 2004 Intercept Study -Final Report Average Expenditure on Shopping and Activities $sa I - - - - - -- - - -- - 1 1 1. $6U ~. .I--~ ~ ~,~ ~ I , ~U3 ~~~, ~ ~h 1 ~ r I i - ~- $40 ~ 5: ~~ 5 i 57 ~ ~ 5 ~, ~ i, I ~ 5 t `_, ~ L $20 ~ I ~ ;~:. ~ i~ .~ i ~ •~ i -- 1- - i - L_ 0 $ ~ I ~ v ~ 5 G ~ ~~ o G a •~ 0 5 e ` J ~` ~ v 5 ~ ~~ ~~o '~ ~ ~e5 00 ~a .°e ~\~ ~4 P~ o~~r Ja\G Otto ~a~ coo, ~°v 5Q Event Total Expenditure of Overnight Guest r G ° o~ 5Q 7 Produced by Untraditional Marketing 970-477-0111 t t t t t t i Commission on Special Events - 2004 Intercept Study -Final Report Income ®istribution $, so,ooo ~T - _~ -_ - $140,000 -I 135 500_ _ 11 ~ 75ri $120,000 -~ ~ ~ `,0~_ o~Ll, -;~ _ _~ $100,000 - - ~ + 75_ u~ ,, ,n yS ~y~ $80,000 F ~' $60,000 $40,000 _ i ~~ `I````~~~~~ ~ ~~ 20 000 $ 'I , $0 - - ~ L-- ~~ ~ ~ -~~ , L~ 4G .~°,~~ ~9yy`G ~~~ O Gender Breakdown so.oo°i° -- - - - - -~1 ~ i o Vail Film Festival 60.00% ' ®Spring Back to Vail 50.00% ~ II ~ ; ~ ll O TMG - I ~ BWC 40.00% ~ I yk I ^ Arts Festival t ;~ ~ '~ 30.00% ~ - '~. a Soccer Shootout ,g - ~ ~ \ t3 Vail Classic ° 20.00% ~ ti~ :y~ ~~ .,- ~~ o0ktoberfest - I ~ 10.00% ~ z. ~ - 0.00% 1 g Produced by Untraditional Marketing 970-477-0111 ~~a ~ 2~ ~C~ ~G ~~ ~.3` ~ cA~a~~ ~ 0 P~~~~ o~yr~ Ja 5QC 5 Event Male Female 1 1 1 1 1 1 1 1 1 1 1 1 1 1 t t Commission on Special Events - 2004 Intercept Study -Final Report 9 Produced by Untraditional Marketing 970-477-0111 - -Final Re ort Commission on Special Events 2004 Intercept Study p F v ii [l 0 L' L i~ f1 10 Produced by Untraditional Marketing 970-477-0111 0 1 ~~ n 0 11 ~ ~ ® ~ ~ ~ ~ COMMISSION ON SPECIAL EVENTS 2004 Intercept Study ROI analysis based on Event Film Festival S ring Back TMG Arts Fest Bi Wheel 3 v 3 Soccer Vail Classic Oktobertest Total Attendance 5000 15000 22000 10000 3500 3500 1000 40000 100000 Overni ht 33.59% 37.88% 38.78% 57.25% 39.55% 83.58% 61.07% 51.75% Vail Overni ht 88.09% 68.57% 75.55% 73.07% 76.05% 65.13% 87.36% 72.27% Other Overni ht 11.91 % 31.43% 24.45% 26.93% 23.95% 34.87% 12.64% 27.73% Da 66.41 % 62.12% 61.22% 42.75% 60.45% 16.42% 38.93% 48.25% Overni ht Guests 1679.5 5682 8531.6 5725 1384.25 2925.3 610.7 20700 Vail Ovemi ht Guests 1479.47 3896.15 6445.62 4183.26 1052.72 1905.25 533.51 14959.89 Overni ht Da Guests 200.03 1785.85 2085.98 1541.74 331.53 1020.05 77.19 5740.11 Da Guests 3320.5 9318 13468.4 4275 2115.75 574.7 389.3 19300 Event Driven 53.73% 45.34% 40.09% 24.19% 22.79% 97.76% 9.42% 38.62% Overni ht Av Ex enditu $ 210 $ 206 $ 206 $ 268 $ 237 $ 227 $ 289 $ 286 Da Av Ex enditure $ 95 $ 114 $ 97 $ 133 $ 108 $ 104 $ 140 $ 134 Ex enditures Total $ 645,139.23 $ 2,068,445.56 $ 2,836,572.99 $ 1,894,739.76 $ 513,801.15 $ 598,345.49 $ 219,492.62 $ 7,633,903.28 $ 16,410,440.09 Incremental $ 346,633.31 $ 937,833.22 $1,137,182.11 $ 458,337.55 $ 117,095.28 $ 584,942.55 $ 20,676.20 $ 2,948,213.45 $ 6,550,913.67 TOV Sales Tax Total $ 29,031.27 $ 93,080.05 $ . 127,645.78 $ 85,263.29 $ 23,121.05 $ 26,925.55 $ 9,877.17 $ 343,525.65 $ 738,469.80 Incremental $ 15,598.50 $ 42,202.49 $ 51,173.20 $ 20,625.19 $ 5,269.29 $ 26,322.41 $ 930.43 $ 132,669.6.1 $ 294,791.12 CSE Investment $ 40,000.00 $ 40,000.00 $ 65,000.00 $ 15,000.00 $ 26,400.00 $ 25,000.00 $ 25,000.00 $ 60,000.00 Town wide ROI $ 8.67 $ 23.45 $ 17.50 $ 30.56 $ 4.44 $ 23.40 $ 0.83 $ 49.14 $ 19.74 Sales Tax ROI $ 0.39 $ 1.06 $ 0.79 $ 1.38 $ 0.20 $ 1.05 $ 0.04 $ 2.21 $ 0.89