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2005-04-19 Support Documentation Town Council Work Session
~f TOWN C®UNCIL WORK SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 51657 1:00 P.M., TUESDAYY, APRIL 19, 2005 NOTE: Times of items are approximate, subject to change, and cannot be relied upon ito determine at what time Council will consider an item. 1. Bill Gibson ITEM/TOPIC: Site Visit. The applicant, James King Jr., represented by Beth Levine, Architect, is requesting permission to proceed through the development review process with a proposal involving the use of Town of Vail owned property. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny the applicant's request to proceed through the development review process. BACKGROUND RATIONALE: The applicant, James King Jr., represented by Beth Levine, Architect, is requesting to proceed through the development review process with a proposal involving the use of Town of Vail owned property. The King Residence is located at 272 West Meadow Drive/Lot 9, Vail Village Filing 2. ~ Previously a patio at the rear of this residence was constructed on Town of Vail owned property without Town of Vail approval. This Town of Vail owned property is part of the Gore Creek steam tract and zoned Natural Area Preservatian (NAP) District. The applicant recently received Town of Vail approval for a remodel of this residence with the. condition that the patio improvements be removed from the Town of Vail's property. The applicant is requesting to continue the use of the patio on the Town of Vail owned property. The Town Council serves the role of "property owner" for all Town of Vail owned property. Therefore as the property owner, the Town Council must consent to the applicant proceeding through the Town's development review process: with a proposal involving the use of Town of Vail owned property. STAFF RECOMMENDATION: The Community Development Department recommends the Town Council denies the applicant's request to proceed through the development review process. Please note that should the Town Council choose to approve the applicant's request, this approval does not constitute an explicit approval of the proposed improvements; it only authorizes the applicants to proceed through the Town's development review process. 2. George Ruttier ITEM/TOPIC: PEC/DRB Update. (30 min.) 3. Ricnard Howard Esq. ITEM/TOPIC: Request to transfer an employee housing restrictive Nina Timm covenant from one Sandstone-70 condominium to another Sandstone-70 condominium. (15 min.) ACTION REQUESTED OF COUNCIL: Listen to Mr. Howard's presentation and provide direction on the request. BACKGROUND RATIONALE: Mr. Venus owns a deed restricted, employee housing unit at Sandstone 70 Condominiums. Mr. Schuster owns a unit in the same condominium complex and is willing to transfer the deed restriction to his unit. STAFF RECOMMENDATION: Staff has seen both units and believes that moving the deed restriction from Mr. Venus' Sandstone-70 unit to Mr. Schuster's Sandstone-70 unit would not be detrimental to the town's employee housing inventory. 4. Matt Mire ITEM/TOPIC: Consideration of Vail Square Metro. District. Jay Peterson Informational discussion and consideration of Vail Square Malcolm Murray Metropolitan District No.'s 1, 2 & 3. (30 min.) ACTION REQUESTED OF COUNCIL: Listen to the presentation on the proposed Metro Districts, ask questions and provide direction. The Council may also adjourn to executive session, pursuant to CRS § 24-6-402(4)(b), to receive confidential legal advice on this matter at any time during this presentation if the Council so chooses. BACKGROUND RATIONALE: Vail Resorts intends to form three (3) separate metro districts within the LionsHead core area for the primary purpose of financing public improvements associated with the "Vail Square" redevelopment project. The formation of the districts is contemplated in the development agreement between the Town of Vail and Vail Resorts for the above-referenced project. The service plan for the proposed districts (which is contained in the council packets and available to the public) provides greater detail on the purpose, intent and operation of the proposed districts. The Council will be asked to formally approve the service plans for the proposed districts, via resolution, at its meeting on May 3, 2005. 5. Gregg Barrie ITEM/TOPIC: Cascade Village Cost-share Proposal, Preliminary Tom Kassmel Discussion. (20 min.) BACKGROUND INFORMATION: In March of 2003, the Public Works Department contacted the Cascade Village Metropolitan District (CVMD) to discuss ownership, maintenance, and easement issues in regard to the public recreation path through Cascade Village. The path, now known as the Gore Valley Trail, was an original approval requirement of Special Development District 4 (Cascade Village); however, at that time no easements or maintenance agreements were ever executed with the Town. Our initial goal was to consolidate the access easements and develop a maintenance agreement whereby CVMD would contribute towards path improvements and the town would then take over future maintenance of the path. At the same time, CVMD had been discussing several capital improvement projects in the area and was considering the possibility of seeking financial assistance from the town for improvements to town-owned faci{ities. CVMD has presented a proposal to staff that will require a supplemental budget request if approved. The purpose of this work session presentation is to gain initial feedback from the Town Council regarding this proposal. A formal funding request would be presented in June when other outside party funding requests are considered. With a preliminary endorsement of the proposal, CVMD can move forward with more detailed design work and will be prepared to provide more detailed cost estimates at the June meeting. 6. Warren Campbell ITEMITOPIC: First Reading of Ordinance No. #10, Series of 2005, Suzanne an ordinance approving the Commercial Core Construction Silverthorn Mitigation Sign and Construction Fencing Package which will be Todd Oppenheimer implemented by the town to mitigate the impacts of construction in the commercial cores over the next several years. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. #10, Series of 2005, on first reading. BACKGROUND RATIONALE: For the past several months Town Council has been involved in discussions with the Town staff regarding the need for ordinances and resolutions which will aid the town in mitigating the impacts of the forthcoming construction in the commercial core areas over the coming years. It has been generally agreed by Town Council and staff that those ordinances and resolutions should resemble those adopted in preparation and implementation of the 1999 World Alpine Ski Championships. STAFF RECOMMENDATION: The Community Development Department, Public Works Department, and Community Information Office recommend that the Town Council approve Ordinance No. #10, Series of 2005, on first reading. 7. George Ruther ITEM/TOPIC: Discussion of the First Reading of Ordinance No. #11, Series of 2005, an ordinance amending Section 12-14-14, Restaurants, Bars, and Similar Uses, Vail Town Code, and setting for details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny the first reading of Ordinance No. #11, Series of 2005. BACKGROUND RATIONALE: On March 28, 2005, the Planning and Environmental Commission voted 5-0-0 to forward a recommendation of approval for the proposed text amendment. The purpose of the proposed amendment is to resolve existing conflicts relating to noise regulations in the Vail Town Code. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approves the first reading of Ordinance No. #11, Series of 2005. 8• ITEM/TOPIC: Information Update. (10 min.) 9• ITEM/TOPIC: Matters from Mayor ~ Council. (10 min.) 10. ITEM/TOPIC: Adjournment. (3:45 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 NOON, TUESDAY, MAY 3, 2005 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. MEMORANDUM TO: Town Council FRAM; Community Development C?epartment DATE: April ~ 9, 20115 SUBJECT: A request to proceed through the Town of Vail development review process for the proposed use of Town of Vail property, located on the Gore Creek stream-tract adjacent to 272 iNest Meadow DrivelLot 9, Vail Village Filing 2. Applicant: James King Jr., represented by Heth Levine, Architect Planner: Bill Gibson t. SUBJECT PROPERTY The subject property is the Gore Creek stream-tract adjacent to 272 tNest Meadow DrivelLot 0, Vail Village Filing 2. The property is zoned Natural Area Preservation (NAP} District. It. BACKGROUN© AN[} C}ESCRtPTtON t?F THE REQUESfi The applicant, James King Jr., represented by Beth Levine, Architect, is requesting to . proceed through the development review process with a proposal involving the use of Town of Vail owned property. The Kind Residence is located at 272 West Meadow DrveJLat 9, Vail Village Filing 2. Previously a patio at the rear of this residence was constructed on Town of Vail awned property without Town of 'Vail approval. This Town of Vail owned property is part of the Gore Creek steam-tract and is zoned Natural Area Preservation (NAP} District. The applicant recently received Town of Vail approval for a remodel of this residence with the condition that the patio improvements be removed from the Town of Van's property. The applicant is requesting to continue the use of the patio on the Town of Vail owned property. The Town Council serves the role of "property owner" for all Town of Vail owned property. Therefore as the property owner, the Town Council must consent to the applicant proceeding through the Town's deve-oprnent review process with a proposal involving the use of Town of Vail ciwned property. tit. STAFF REC©MMENDATION The Community Development Department recommends the Town Council denies the applicant`s request to proceed through the development review process. Please note that should the Town Council choose to approve the applicant`s request, this approval does not constitute an explicit approval of the proposed improvements; it only authorizes the applicants to proceed through the Town's development review process. t IV. ATTACFtMENTS ,~ Attachment A: Applicant's letter of request Attachment 8: Architectural Plans and Site Photographs Ati:~chnient, f1 Beth Lavine, Architect, lt~c. ~.~}. Boy: 1825 Avon, CC} ~ 162U March 21, ZCIOS Town. of ljail Dept, of Community Qevel:op~nent 75 South l~ronta~,e Road. Vail, Ct~ 81657 Attention.: Bill Gibson Dear Bill, Tha~~k you for all o`the meetings you :have lead with me on the King Residence flddition; DRIB number DRB440420, Building Permit number 804-(1'?4. 1: woczld appreciate it if you would. please schedule nee for ,~ meeting before the Jail T~esgn 1~.evieti~v Committee to request -that nay client, the l~ iz~gs, may. keep a stone walkway that they have tror~ their property down to Gore Creek. The walkway presently occurs on Tt~V property, The walkway is in the SU'streatn setback, but does not go beyond the' 1 OQ year .flood line. The l~ ings have been the original owners ofi the property s.ncc~ 1..982 aTxd Dave had the walkway for many yeaa•s. Please co~~sder ``G~randfathering" tl~c walkway approval. Please fYnd unclose a number of photographs c~t't}.~e a.r~:a, tl~e project site :plan reduced to 8 '/z ~: l l and tlx project survey also reduced to8t/~xll.. Thank you for your c;ransideratic3n old the walkway ~©r my clients. 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F u ,'/ f .~ f ,~,r Y ail` -,.~_ ~,. rL ~ `~ y ~~ , `~; ~, - j. w r ~~ '~`~ k,- ~- t y, ~- - _ T ,. _ _ _ _ _ a r '~ M '~ Ty S' ~ '~~~.n'j'~.':N { ~~.P:.~ t !~:'~ ~.:,. _ . fir' y:~ '.i ~t `4, _ ~~~ ~, ~.#`~ ._S{' "'. l~ [~.. y. - 1. ~ "l a_ <H , ~-... ,a .~ ` }~~'~ fY ~~' ax d ' r ...r _* ~ ~ _... .~ r~ ~t. ~ t ,~ yrs. {fir . S {~ ~ ~;~ ~~` ~ ~ - +r i+.? ~ ~' 1 ~ ~" - ... - 4 ~ Y' 't ~ ~~SF. - - , '~;. ,F` ~:, ~ i ~~ ~ ,. ~ ~ `•1 ~h.., ~_ :" ~~; l~~ 1 is ~ ' ~ ~ ter. .. ~ ~~ •y. ~~ S ~ f ~r 1 ~~ ~r c S f~ a. _ - ~"'.. ~ h~ ~ +; r`~ ii l~ t "`.~ ~ ~ "0.r ~ ,~1C~'~~- ~ +a jam' ~ti, `,.L,~ ~'S`~ rr r~• _ ~. ~ - .. Ff +~F ty •~y ' > Z ti{~ - -- ~. ,r ., } ~'r'. _t E,J, ~~ •~ ~ t_ i '~ ~: .~_ ,. ~. PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING . ;• April 11, 2005 '~PI~OFt~~Ith` . PROJECT ORIENTATION -Community Development Dept. PUBLIC WELCOME 12:00 pm MEMBERS PRESENT Doug Cahill Anne Gunion Bill Jewitt Rollie Kjesbo George Lamb David Viele . MEMBERS ABSENT Chas Bernhardt Site Visits: 1. Haley Residence- 2854 Snowberry Drive 2. Vail Mountain Park Subdivision -Tract E, Vail Village, Fifth Filing and a part of Lot C, Block 5-C, Vail Village First Filing 3. The Ruins - 1325 Westhaven Drive ~ ~~ 4. Scolnick Residence - 2935 Basingdale Boulevard . Driver: George Public Hearing -Town Council Chambers 2:00 pm Swearing in of Doug Cahill, Chas Bernhardt and Bill Jewitt, by Lorelei Donaldson, Town Clerk 2. A request for final review of a final plat for a major subdivision, pursuant to Chapter 13-3, Major Subdivisions, Vail Town Code, to allow for the creation of the Vail Mountain Park Subdivision; a final review of a variance from Section 12-8A-5, Lot Area and Site Dimensions, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the creation of a new lot less than 35 acres in size, located at Tract E, Vail Village, Fifth Filing and a part of Lot C, Block 5-C, Vail Village First Filing, and setting forth details in regard thereto.. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: George Ruther ACTION: Approve MOTION: Kjesbo SECOND: Viele VOTE: 4-0-0 George Ruther presented the project according to the staff memorandum. Jay Peterson, representing Vail Resorts, gave a brief overview of the intent of his client's application. The public had no comment. The PEC had no comments. 3. A request for a recommendation to the Vail Town Council of a major amendment to a special development district (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No. 4, Cascade Village, for an approved development plan of a new condominium building, located at 1325 Westhaven Drive (Westhaven Condominiums, aka, "The Ruins")/Area A, Cascade Village, and setting forth details in regard thereto. Applicant: Mirus LLC and Wright & Company, represented by Pylman & Associates Planner: Matt Gennett ACTION: Recommendation of approval MOTION: Kjesbo SECOND: Lamb VOTE: 5-0-1 (Viele recused) Matt Gennett presented the project according to the memorandum. Rick Pylman, the applicant's representative, continued with the presentation, but expressed dislike of the condition of approval which suggested improvement of the-public path. Jen Wright, the applicant, seconded the sentiment that Staff's condition regarding finishing the footpath and bridge should not be a part of the application's approval. No public comment Commissioner Jewitt asked whether a rental program would be part of the project, to which Mr. Wright replied affirmatively. Commissioner Kjesbo.asked Staff if the Public Works Department had asked that the design and construction of the bike path be completed by the applicant. Mr. Kjesbo continued to say that he would recommend deleting the first condition of approval. Commissioner Lamb commented that a pedestrian walkway could be on the east side of the bridge instead. He was very much in favor of integrating Employee Housing onsite in future applications. A pay-in-lieu system should be created which money is earmarked specifically for EHU's. Allowing Employee Housing to occur offsite negated the purpose of Employee Housing requirements. Commissioner Gunion asked for clarification of the first condition. The first part of the condition would not need to be fulfilled but the latter part of the condition, which related to the completion of landscaping off of the applicant's property, should still be fulfilled. Commissioner Cahill expressed some concern about the erosion that may occur at the north side of the site. The second aspect of the first condition will be the only part of that condition that would be forwarded on to the Town Council. A recommendation would also be included that asked for Public Works' attention to the possible placement of the bike path to the east of the bridge, thereby exempting the applicant from responsibility for the improvement/construction of the path. 4. A request for a worksession to discuss an amendment to the Vail Land Use Plan, pursuant to Chapter VIII, Implementation, Vail Land Use Plan, to amend the land use designation of the property located at 2211 North Frontage Road/Lots 1 and 3 and portions of Tract C, Vail das Schone Filing 1, and Lot 1, Vail das Schone Filing 3, and setting forth details in regard thereto. Applicant: Vanquish Vail LLC Planner: Matt Gennett ACTION: Worksession - no vote Matt Gennett presented the proposal according to the staff memorandum. Dominic Mauriello, the applicant's representative, further described the project through ~ slide presentation. The prevailing aspect of the presentation was the sensibility of matching the land use designation with the zoning. • Jim Lamont, Vail Village Homeowners Association, voiced concern that no master plan existed for this area. Major changes lie in Vail's immediate future, changes which need to be addressed in advance and with forethought. The West Vail area is a community town center which should be maintained. The. current proposal does not necessarily incorporate the important aspects of a town center. Now is also the time to consider integrating affordable housing into a large project within the Vail area, but again, through the guidance of a master plan drafted for this area. Warren Garby, a resident behind the Apex Building, communicated that he was expressed with the ~~f^ quality of the newly-remodeled Apex Lodge. His primary concern related to the height of the building. Frank D'Alessio, a neighbor in the same area, mentioned that he, too, was concerned that the height of the Apex Building would be too high for the area in which it was located. He was not currently impressed with the state of the parking lat and was excited that the area would be improved. However, he was not interested in seeing a huge building erected upon that site. Long term consideration must be paid to each "blanket proposal" that is presented to the Town, such as the proposal being presented. The quality of the community must be preserved at all costs. Russ Forrest mentioned that Staff was cognizant of the fact that this area of town did need to be master planned: He added that Town Council had recognized that need as well. Commissioner Cahill responded that such need was recommended by the Planning and Environmental Commission as well. However, finding resources was a different issue. Commissioner Gunion asked for clarification of the zoning on the lot. She surmised that perhaps the three lots;remaining zoned as they are, was the result of a wish for a transition zone. She. continued by'asking why the Town and the PEC would want to add the proposed language to the Commercial Core definition and mentioned that the purpose of an SDD was to provide flexibility within a district, thereby avoiding reconstruction of the code. Master planning the area was a valid path that should be pursued by staff. Commissioner Viele commented that the redevelopment of West Vail was a fundamentally necessary change and would be an area that could eventually be compared to Eagle Ranch or Riverwalk. Some inclusion of "conditional uses" in the current language could accommodate the applicant's request: A master plan would be helpful in designating locations for hotel uses within this area. The applicant should consider helping the Town draft a master plan for this area. Some discussion ensued about the potential height of the proposed building. Overall, Mr. Viele felt that changing the zoning in this area would contribute to the improvement of the West Vail area. Commissioner Jewitt expressed some concerns with changing the zoning language. If lodge uses were to be allowed within the current zoning, other uses (especially commercial uses) may be superseded by lodge uses. He agreed that the idea to draft a master plan for the area was one which should be presented to and supported by Town Council. He finished by stating that the fastest way to approach an approval for this site would be to pursue the creation of an SDD. However, the more information regarding the proposal that can be communicated to the community, the better the chances of that SDD succeeding. Commissioner Kjesbo also disagreed with the idea to amend the zoning language. He agreed that the area should be master planned as well. . Commissioner Lamb thought that maintaining the CC3 zoning made sense. An insightful plan in which neighbor input could be considered would be more sensible than creating an SDD for this area. '3 Commissioner Cahill finished by stating that any new development should "blend in" with the uses which already exist on the north side of the highway. Master planning of this area should be pursued as soon as possible, with much attention paid to continuing community uses throughout future proposals. Dominic Mauriello commented that the applicant was aware of the community input needed to _--. make this project successful. Regarding the definition of the Commercial Core 3 zoning district, no other uses would ever be allowed in the area if no definition change was pursued. The idea of drafting a master plan was one that required significant effort and would take too much time to finalize for this project to be a success. Mr. Cahill responded that the entire zone district should be protected in spite of the applicant's desires to implement the current proposal. Mr. Forrest commented that the ideal course of action would be to undertake the current proposal and the drafting of a master plan simultaneously with the applicant. Mr. Jewitt followed up by directing the applicant to pursue the creation of an SDD while paying specific attention to the desires and future plans of surrounding property owners within the CC3 zone district. Mr. Lamont mentioned that-the development of a master plan was a commonly accepted way of dealing with a change in use, such as the one currently under discussion. Matt Gennett asked that the applicant return to the Commission.with aclear proposal to change the land use designation for the subject property. Following that proposal, the applicant could continue with his proposal to change the zoning designation, etc. 5. A request fora 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 Section 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 April 25, 2005 MOTION: Viele SECOND: Kjesbo VOTE: 4-0-0 6. A request for a final review of a text amendment, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow for an amendment to Section 12-21-14, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to increase the amount of allowable site coverage on lots with excessive slopes from 15% to 20%, and setting forth details in regard thereto. Applicant: Helmut Reiss, represented by Isom & Associates Planner: Matt Gennett ACTION: Tabled to April 25, 2005 MOTION: Viele SECOND: Kjesbo VOTE: 4-0-0 7. A request for"a final review of a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for a public convention~facility and public parking facilities and structures, located at 395 East Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 1, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Bill Gibson ~" ACTION:' Tabled to ApriP25, 2005 "~'"`- -~'~"'"~^ . ~ MOTION: Viele ~ SECOND: Kjesbo VOTE: 4-0-0 8. A request for a correction to the Vail Land Use Plan to designate the Lionshead Redevelopment Master Plan Area and an amendment to the Lionshead Redevelopment Master Plan to amend, in part, Chapter 5, Vail Civic Center Detailed PIan.Recommendations, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Rick Pylrrian, Pylman & Associates, Inc. Planner: Bill Gibson ACTION: Tabled to April. 25, 2005 MOTION: Viele SECOND: Kjesbo VOTE: 4-0-0 Rick Pylman proided a presentation for the. applicant and reviewed the changes to the plans that had occurred since the last meeting. 9. A request fora final review of a variance from Title 14, Chapter 6, Grading Standards, Vail Town Code, pursuant to chapter 12-17, Variances, to allow for the construction of a six-foot tall retaining wall within the front setback, located at 1791 Alpine Drive/Lot 39 ,Vail Village West Filing 1, and setting forth details in regard thereto. Applicant:.Mike and Dave Dantas Planner: George Ruther ACTION: WITHDRAWN 10. A request for a final review of variance from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for the construction of gross residential floor area within the front setback,. located at 2935 Basingdale Boulevard/Lot 19, Block 6, Vail Intermountain Subdivision, and setting forth details in regard thereto. Applicant: Jay and Sheryl Scolnick Planner: ~ Warren Campbell ACTION: WITHDRAWN 11. A request for a final review of a variance from~Section 12-6D-8, Density; Chapter 12-10, Off-Street Parking and Loading; and Title 14, Development Standards Handbook, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a residential addition, located at 2854 Snowberry Drive/Lot 19, Drive/Lot 19, Block 9, Vail Intermountain Subdivision, and setting forth details in regard thereto. Applicant: Mike and Marla Haley, represented by RAL Architects, Inc. Planner: Elisabeth Eckel ACTION: WITHDRAWN 12. Approval of March 28, 2005 minutes MOTION: Jewitt SECOND: Kjesbo 13. Information Update VOTE: 5-0-1 (Lamb abstained) 14. Adjournment MOTION: Viele SECOND: Lamb VOTE: '6-0-0 The applications and information about the proposals are_available for public inspection during regular y'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 April 8, 2005, in the Vail Daily. c DESIGN REVIEW BOARD AGENDA April 6, 2005 ~~~~ ' 3:00 P.M. PUBLIC MEETING PUBLIC WELCOME PROJECT ORIENTATION /LUNCH -Community Development Department MEMBERS PRESENT Pete Dunning Joe Hanlon Margaret Rogers MEMBERS ABSENT Diana Mathias SITE VISITS 1. Tyrolean Chalet - 400 East Meadow Drive 2. Fallridge at Vail - 1650 Vail Valley Drive 3. Coldstream Condominiums - 1476 Westhaven Drive 4. Vail Spa - 710 West Lionshead Circle 5. Raiola Residence - 1807 Alpine Drive 6. Alfond Residence -1345 Westhaven Circle 7. One Willow Bridge - 100 Willow Bridge Road Driver: George 12:00 noon 2:OOpm PUBLIC HEARING -TOWN COUNCIL CHAMBERS 3:OOpm Tyrolean Chalet DRB05-0089 Matt Final review of a minor exterior alteration (exterior changes to Unit 9) 400 East Meadow Drive, Unit 9/Lot 5D, Vail Village Filing 1 Applicant: Tyrolean Chalet, LLC, represented by Michael Suman Architect, LLC ACTION: Approved with condition(s) MOTION: Hanlon SECOND: Dunning VOTE: 3-0-0 CONDITION(S): 1. The handrail on the existing, long wooden staircase on the west side of the building leading to the creek (on TOV land) shall be replaced and a detail of the proposed railing must be submitted to staff for approval prior to an application for building permit. 2. The exterior lighting plans, as submitted, is not approved and must be resubmitted to staff for approval prior to applying for building permit. 2. Alfond Residence DR605-0040 Matt Final review of a new single family residence 1345 Westhaven Circle/Lot 50, Glen Lyon Applicant: John & Jill Alfond, represented by KH Webb Architects ACTION: Approved ~ MOTION: Hanlon SECOND: Rogers VOTE: 2-1-0 (Dunning opposed) 3. Dantas Residences DRB04-0623 Conceptual review of new construction (single family) 1787 and 1797 Alpine Drive/Lots 39 and 40, Vail Village West Filing 1 Applicant: Dantas Builders, represented by Michael Dantas --- ACTION: Conceptual review, no vote 4. Fallridge at Vail DRB05-0055 -~ - Final review of a minor exterior alteration (balcony railings, doors, windows; stucco) 1650 Vail Valley Drive/Lot 2, Sunburst Filing 3 Applicant: BornEngineering ACTION: Approved MOTION: Hanlon SECOND: Dunning VOTE: 3-0-0 5. Vail Spa Condominiums DRB05-0091 Final review of a minor alteration (repaint) 710 West Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 3 Applicant: Vail Spa Condominiums Homeowners Association ACTION: Tabled to April 20, 2005 MOTION: Hanlon SECOND: Dunning VOTE:3-0-0 6. Lot 1 Forest Place DR605-0096 Conceptual review of new construction (single family residence) 618 Forest Place/Lot 1, Forest Place Subdivision Applicant: Glendore Development, represented by Larry Deckard ACTION: Conceptual review, no vote George Elisabeth Elisabeth Bill 7. Lot 4 Forest Place DR605-0100 Bill Final review of new construction (single family residence) 615 Forest Place/Lot 4, Forest Place Subdivision Applicant: Glendore Development, represented by Larry Deckard ACTION: Approved MOTION: Hanlon SECOND: Dunning VOTE:3-0-0 8. Town of Vail Streetscape Phase II DRB05-0045 Warren Final review of new construction (paver design) 75 South Frontage Road/unplatted . Applicant: Town of Vail, represented by Todd Oppenheimer ACTION: Approved with condition(s) MOTION: Hanlon SECOND: Dunning VOTE:3-0-0 CONDITION(S): 1. The applicant shall return for approvals of the final design for the streetscape surrounding the Mill Creek Court Building and in front of the Lodge at Vail prior to constructing any improvements iri these areas. 9. Raiola Residence DRB05-0018 Elisabeth Final review of new construction (single family residence) 1807 Alpine Drive/Lot 44, Block 1, Vail Village West Filing 1 Applicant: Jay Raiola, represented. by Dave Irwin ACTION: Approved with condition(s) MOTION: Dunning SECOND: Hanlon VOTE: 3-0-0 CONDITION(S):. 1. At the time of building permit submittal, the applicant shall demonstrate that at least 25% (9.5 feet) of the 38 foot perimeter of the enclosed stairway located on the southeast side of the residence is contiguously open, as defined by site coverage in Ordinance No. 14, Series of 2004. 2. At the time of building permit submittal, all plans must be stamped by a licensed architect, pursuant to Vail Town Code, Section 12-21-14, Hazard Regulations. 3. At the time of building permit submittal, the applicant shall demonstrate that the deck on the southeast side of the residence projects not more than ten feet (10') into the .required front setback area pursuant to Vail Town Code, Section 14-10-C-1. 4. At the time of building permit submittal, the plans must demonstrate the addition of six (6) four inch (4") caliper aspen trees on the south side of the~lot. 10. Coldstream Condominiums DR605-0103 Elisabeth Conceptual review of a minor alteration (new exterior) 1476 Westhaveh Drive/Lot 53, Glen Lyon Applicant: Coldstream Condominium Association, represented by Don MacLachlan ACTION: Conceptual review, no vote 11. One Willow Bridge Road DRB05-0121 Final review of change to approved plans (tree removal) 100 Willow Bridge Road/Parts of Lots I & K, Block 5E, Vail Village Applicant: Bob McNichols ACTION: Tabled to April 20, 2005 MOTION: Hanlon SECOND: Dunning 1 sr Filing George 12. Snyder Residence DRB05-0094 Final review of change to approved plans (new retaining walls) 2667 Bald Mountain Road/Lot 9E, Block 2, Vail Village Filing 13 Applicant: Charles Snyder ACTION: Withdrawn VOTE: 3-0 13. Gannett Residence DRB05-0082 Final review of change to approved plans (change to retaining wall) 796 Forest Road/Lot 13, Block 1, Vail Village Filing 6 Applicant: Doug Gannett, represented by Steve Riden ACTION: Withdrawn Staff Approvals Bill Bill Northwoods Condominiums DRB05-0086 Matt Final review of a minor alteration (new stone veneer and railing) 600 Vail Valley Drive/Block B, Northwoods Condominiums, unplatted Applicant: Northwoods Condominium Association, represented by Fritzlen Pierce Architects Northwoods Condominium Association DRB05-0069 Matt Final review of a .minor alteration (landscape improvements) 600 Vail Valley Drive/Block F2, Northwoods Condominiums, unplatted Applicant: Northwoods Condominium Association, represented by SonesMac ~ Scott Residence DRB05-0052 Elisabeth Final review of a minor alteration (roof extension over deck) 1151A Casolar Drive/Lot A7, Block 2, Casolar Vail Applicant: George C. Scott Betty Ford Alpine Gardens DRB05-0085 --- Final review of a minor alteration (interpretation station) 841 Vail Valle Drive/Ford Park, unplatted Applicant: Town of Vail, represented by Betty Ford Alpine Gardens Holy Cross Parking Lot DRB05-0076 Final review of change to approved plans (windows and doors) 923 South Frontage Road/unplatted Applicant: Vail Resorts, Inc., represented by Mauriello Planning Group, LLC Booth Creek Townhomes DRB05-0077 Final review of change to approved plans (entrance canopy) 2875 Manns Ranch Road/Lot 1, Block 1, Vail Village Filing 13 Applicant: Booth: Creek Townhouse Association, represented by TRD Architects Treetops Condominiums DRB05-0109 Final review of a minor alteration (addition of louvers) 452 East Lionshead Circle/Lot 6, Block 1, Vail Lionshead Filing 1 Applicant: Todd Goulding, representing Vail Resorts Arnett Residence DRB05-0115 Final review of a minor alteration (new landscape trellis) 2094 Zermatt Lane, Unit DNail Commons Condominiums, C-18, unplatted Applicant: Michael Arnett George Matt Elisabeth Bill George Lady Belle Partnership LLLP DRB05-0075 Warren Final review of a minor alteration (new hot tub) 193 Gore Creek Drive/part of Lot A, Block 56, Vail Village Filing 1 Applicant: Lady Bell Partnership LLLP, represented by Maximum Comfort Pool & Spa, Inc. Christoffersen Residence DRB05-0088 Warren Final review of a residential addition (new deck, exterior stairs and dormer) 1390 Buffehr Creek Road, Unit 3/Lot G2, Residences at Briar Patch Condominiums Applicant: David Leach, represented by Beth Levine White Rock Properties LLC DRB05-0105 Bill Final review of change to approved plans (eliminate windows) 736 Forest Road, Unit B/Lot 11, Block 1, Vail Village Filing 6 Applicant: White Rock Properties, LLC, represented by William Restock Laviada Residence DRB05-0119 Matt Final review of a residential addition (dormer addition) 600 Vail Valley Drive, Unit 6309/Northwoods Condominiums, Bldg. B, unplatted Applicant: Laura Laviada, represented by Greenauer Design Group ~, Barrett Residence DRB05-0122 Joe Final review of a reroof same for same) 275 Beaver Dam' Road(/Lot 40, Block 7, Vail Village Filing 1 Applicant: Tim Barrett, represented by Snowcap Roofing, Inc. West Vail Shell DRB05-0093 Final review of a minor alteration (revised parking plan) 2313 North Frontage Road/Tract B, Vail das Schone Filing 1 Applicant: West Vail Shell Bill 1082 Riva Glen Road LLC DRB05-0041 Elisabeth Final review of a residential addition (elevator addition) 1082 Riva Glen/L" of 3, Spraddle Creek Estates Subdivision Applicant: 1082 Riva Glen Road LLC, represented by Resort Design Millar Residence DRB05-0087 Bill Final review of change to approved plans (front stair redesign) 2199 St. Moritz Way/Lots 5 and 6, Vail Heights Filing 1 Applicant: Michael and Diane Millar, represented by AMS Development, Inc. Cascades on Gore Creek DRB05-0095 Elisabeth Final review of a minor alteration (new~exterior) 1390 WesthavenrDrive, Units 1-6/Cascades on Gore Creek Applicant: Cascade on Gore Creek Condominium Association, represented by Fritzlen Pierce Architects Fischer Residence DRB05-0092 Bill Final review of change to approved plans (eliminate EHU) 4315 Bighorn Road/Lot 6, Block 3, Bighorn Subdivision 3~d Addition Applicant: Steve Fischer, represented by John G. Martin, Architect, LLC Kalkus Residence DRB05-0097 Bill Final review of a residential addition (living room addition) 324 Beaver Dam; Road, Unit A/Lot 19, Block 7, Vail Village Filing 1 Applicant: Peter Kalkus, represented by Steve Riden Staff Denied Apex Lodge DRB05-0054 Matt Final review of a new sign 2211 North Frontage Road West/Lot 1, Vail das Schone Filing 3 and Lots 1, 2, 3 and part of Tract C, Block A, Vail das Schone Filing 1 Applicant: Apex Lodge, represented by Charat Bhakta Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing Impaired, for information. CONSOLIDATED SERVICE PLAN VAIL SQUARE METROPOLITAN DISTRICT NOS. 1, 2 & 3 TOWN OF VAIL, COLORADO March 21 2005 Prepared by White, Bear ~. Ankele Professional Corporation 1805 Shea Center Drive, Suite 100 Highlands Ranch, CO 80129 (303) 8581800 TABLE OF CONTENTS I. INTRODUCTION ............................................................. ......... ........................................ A. Purpose and Intent 1 .......................... ......... ................................................................ B. Need for the Districts 1 .............................................................................................. C. Objective of the Town Regarding Districts Service Plans 1 ...................................... 1 II. DEFINITIONS ........................................ ......... 2 III. BOUNDARIES ..................................................... ........ ...................................................... 4 IV. PROPOSED LAND USE/POPULATION PROJECTIONS/ASSESSED VALUATION. 4 V. DESCRIPTION OF PROPOSED POWERS, IMPROVEMENTS AND SERVICES....... 5 A. Powers of the Districts and Service Plan Amendment .................... 5 ....................... 1. Operations and Maintenance Limitation .............................. : 5 ......... ............. 3. Privately Placed Debt Limitation ................................................................ 4. Inclusion Limitation 5 ...................................................................:................ S. Debt Limitation 5 ........................................................................................... 6. Total Debt Issuance Limitation 6 ................................................................... 7. Monies from Other Governmental Source 6 s ............................. ........ ........... 8. Bankruptcy Limitation 6 ................................ ................................................ 9. Service Plan Amendment Requirement 6 ...................................................... B. Preliminary Engineering Survey 6 ............................................................................. C. Multiple District Structure 7 . ........................: ,,,,,,,, .................................................... 7 VI. VI. FINANCIAL PLAN A. ................................................................................................... 7 General D. ....................................................................................................................7 Maximum Voted Interest Rate and Maximum Underwritin Discount 8 E. g ................. Maximum Debt Mill Levy .......................................... 8 F. . ........................................... Maximum Debt Mill Levy Imposition Term G. ........................................................ Debt Repayment Sources .. 9. H. ...................................................................................... Debt Instrument Disclosure Requirement .. 9 I. ................... ................................. Security for Debt .. 9 J. ................................................................................................... TABOR Compliance .. 9 K. ......................................................:...................................... Districts' Operating Costs 10 ....................................... .............................................. 10 VII. VII. ANNUAL REPORT .................................... ............. 10 ............................................... VIII. A. General B. ..................................................................................................................... Reporting of Significant Events : 10 ................... ........................................................... 10 IX. DISSOLUTION ........................................................ 11 ............................................... X. DISCLOSURE TO PURCHASERS ..................................... 11 ................................... XI. INTERGOVERNMENTAL AGREEMENT ........................... .... ............................ 11 XII. CONCLUSION .............................. 11 .......................................................................... i EXHIBITS EXHIBIT A Legal Descriptions EXHIBIT B Vail Vicinity Map EXHIBIT C-1 Districts Boundary Maps EXHIBIT C-2 Inclusion Area Boundary Map EXHIBIT D Intergovernmental Agreement between the Districts and Vail ii I• INTRODUCTION A. Purpose and Intent The Districts are independent units of local government, separate and distinct from the Town, and, except as may otherwise be provided for by State or local law or this Service Plan, their activities are subject to review by the Town only insofar as they may deviate in a material matter from the requirements of the Service Plan. It is intended that the Districts will provide a part or all of various Public Improvements necessary and appropriate for the development of a project within the "Lionshead Core" area within the Town of Vail to be known as "Vail Square" (the "Project"). The Public Improvements will be constructed for the 'use and benefit of all anticipated inhabitants and taxpayers of the Districts. The primary purpose of the Districts will be to finance the construction of these Public Improvements. The Districts are not being created to provide ongoing operations and maintenance services other than as specifically set forth in this Service Plan. District No. 1 is proposed to be the Operating District, and is expected to coordinate the financing and construction of all Public Improvements. District Nos. 2 and 3 are proposed to be the Taxing Districts. District No. 2 is proposed to encompass residential development. District No. 3 is proposed to encompass non-residential development. The Districts may, however, include any mix of residential and non-residential development. B. Need for the Districts. There are currently no other governmental entities, including the Town, located in the immediate vicinity of the Districts that consider it desirable, feasible or practical to undertake the planning, design, acquisition, construction, installation, relocation, redevelopment and financing of the Public Improvements needed for the Project. Formation of the Districts is therefore necessary in order for the Public Improvements required for the Project to be provided in the most economic manner possible. C. Obiective of the Town Re~ardin~ Districts Service Plans The Town's objective in approving the Service Plan for the Districts is to authorize the Districts to provide for the planning, design, acquisition, construction, installation, relocation and redevelopment of the Public Improvements from the proceeds of Debt to be issued by the Districts. All Debt is expected to be repaid by taxes imposed and collected for no longer than the Maximum Debt Mill Levy Imposition Term for residential properties and at a tax mill levy no higher than the Maximum Debt Mill Levy for commercial and residential properties. Debt which is issued within these parameters and, as further described in the Financial Plan, will insulate property owners from excessive tax burdens to support the servicing of the Debt and will .result in a timely and reasonable discharge of the Debt. This Service Plan is intended to establish a limited purpose for the Districts and explicit financial constraints that are not to be violated under any circumstances. The primary purpose is to provide for the Public Improvements associated with development of the Project. Operational activities are allowed, to the extent the Town determines not to accept a dedication of Public Improvements. It is the intent of the Districts to dissolve upon payment or defeasance of all Debt incurred or upon a court determination that adequate provision has been made for the payment of all Debt, and if any District has authorized operating functions under an intergovernmental agreement with the Town, to retain only the power necessary to impose and collect taxes or fees to pay for these costs. The Districts shall be authorized to finance the Public Improvements that can be funded from Debt to be repaid from tax revenues collected from a mill levy which shall not exceed the Maximum Debt Mill Levy on commercial and residential properties and which shall not exceed the Maximum Debt Mill Levy Imposition Term on residential properties. It is the intent of this Service Plan to assure to the extent possible that no commercial or residential property bear an economic burden that is greater than that associated with the Maximum Debt Mill Levy in amount and that no property developed for a residential use bear an economic burden that is greater than that associated with the Maximum Debt Mill Levy Imposition Term in duration even under bankruptcy or other unusual situations. Generally, the cost of Public Improvements that cannot be funded within these parameters are not costs to be paid by the Districts. II. DEFINITIONS In this Service Plan, the following terms shall have the meanings indicated below, unless the context hereof clearly requires otherwise: Approved Development Plan: means those approvals contemplated by that certain "Core Site Development Agreement" between the Town, the Vail Reinvestment Authority and The Vail Corporation dated as of (the "Development Agreement") or other process established by the Town consistent with the terms of the Development. Agreement for identifying, among other things, Public Improvements necessary for facilitating development for property within the Service Area as approved by the Town pursuant to the Town Code and as amended pursuant to the Town Code from time to time. Board: means the board of directors of one District or the boards of directors of all Districts, in the aggregate. Bond, Bonds or Debt: means bonds or other obligations for the payment of which any District has promised to impose an ad valorem property tax mill levy. Town: means the Town of Vail, Colorado. Town Code: means the Town Code of the Town of Vail, Colorado. Town Council: means the Town Council of the Town of Vail, Colorado. District: means any one of the Vail Square Metropolitan District No. 1 through 3. Inclusion Area Boundaries: means the boundaries of the subdivided areas in the airspace above the Initial District Boundaries that may exist from time to time through subsequent plats establishing such areas in accordance with the Approved Development Plan. Initial District Boundaries: means the initial boundaries of the Districts as described in the Initial District Boundary Map. Initial District Boundary Map• means the map attached hereto as Exhibit C-1 describing the initial boundaries of the Districts. District No. 1 :means the Vail Squaze Metropolitan District No. 1. District No. 2 :means the Vail Square Metropolitan District No. 2 District No. 3 :means the Vail Square Metropolitan District No. 3. Districts: means Nos. 1, 2 and 3 collectively. External Financial Advisor:. means a consultant that: (i) advises Colorado governmental entities on matters relating to the issuance of securities by Colorado governmental entities, including matters such as the pricing, sales and marketing of such securities and the procuring of bond ratings, credit enhancement and insurance in respect of such securities; (ii) shall be an underwriter, investment banker, or individual listed as a public finance advisor in the Bond Buyer's Municipal Mazket Place; and (iii) is not an officer or employee of the District and has not been otherwise engaged to provide services in connection with the transaction related to the applicable Debt. Financial Plan: means the Financial Plan described in Section VII which describes (i) how the Public Improvements aze to be financed; (ii) how the Debt is expected to be incurred; and (iii) the estimated operating revenue derived from property taxes for the first budget yeaz. Maximum Debt Mill Lew: means the maximum mill levy any of the Districts is permitted to impose for payment of Debt as set forth in Section VII.C below. Maximum Debt Mill Lew Imposition Term: means the maximum term for imposition of a mill levy on a particular property developed for residential uses as set forth in Section VII.D below. Operatin District: means District No. 1. Proiect: means the development or property commonly referred to as Vail Square, consisting of an area including approximately 4.855 acres within the Town of Vail, located adjacent to the base of the Eagle Bahn Gondola. Public Improvements: means a part or all of the improvements authorized to be planned, designed, acquired, constructed, installed, relocated; redeveloped and financed as generally described in the Special District Act, except as specifically limited in Section V below, and except as limited by the Development Agreement, to serve the fiuture taxpayers and inhabitants of the Service Area as determined by the Board of one or more of the Districts. Service Area: means the property within the Initial District Boundaries and the Inclusion Area Boundaries. Service Plan: means this service plan for the Districts approved by Town Council. Service Plan Amendment: means an amendment to the Service Plan approved by Town Council in accordance with the Town's ordinance and the applicable state law. Special District Act: means Section 32-1-101, et sec ., of the Colorado Revised Statutes, as amended from time to time. State: means the State of Colorado. Taxing District: means District Nos. 2 and 3. III. BOUNDARIES The combined area of the District Boundaries includes approximately 4.855 acres. A legal description of the District Boundaries and the Inclusion Area Boundaries is attached hereto as Exhibit A. A vicinity map is attached hereto as Exhibit B. A map of the District Boundaries is attached hereto as Exhibit C-1. It is anticipated that the District's boundaries may change from time to time as it undergoes inclusions and exclusions pursuant to Section 32-1-401, et ~., C.R.S., and Section 32-1-501, et sec ., C.R.S., subject to the limitations set forth in Article V below. IV. PROPOSED LAND USE/POPULATION PROJECTIONS/ASSESSED VALUATION The Service Area consists of approximately 4.855 acres of land. The current assessed valuation of the District Boundaries is $5,238,300 for purposes of this Service Plan and, at build out, is expected to be sufficient to reasonably discharge the Debt under the Financial Plan. The population of the Districts at build-out is estimated to be approximately 150 people. Approval of this Service Plan by the Town does not imply approval of the development of a specific area within the Districts, nor does it imply approval of the number of residential units or the total site/floor area of commercial or industrial buildings identified in this Service Plan or any of the exhibits attached thereto, unless the same is contained within an Approved Development Plan. V. DESCRIPTION OF PROPOSED POWERS IMPROVElVIENTS AND SERVICES A. Powers of the Districts and Service Plan Amendment The Districts shall have the power and authority to provide the Public Improvements and related operation and maintenance services within and without the boundaries of the Districts as such power and authority is described in the Special District Act, and other applicable statutes, common law and the Constitution, subject to the limitations set forth herein. 1. .Operations and Maintenance Limitation. The purpose of the Districts is to plan for, design, acquire, construct, install, relocate, redevelop and finance the Public Improvements.. The Districts shall dedicate the Public Improvements to the Town or. other appropriate jurisdiction or owners association in a manner consistent with the Approved Development Plan and other rules and regulations of the Town and applicable provisions of the Town Code. The Districts shall not be authorized to operate and maintain any part or all of the Public Improvements, other, than park and recreation improvements, except to the extent the Town declines to accept dedication of the Public Improvements. 2. Construction Standards Limitation. The Districts will ensure that the Public Improvements are designed and constructed in accordance with the standards and specifications of the Town and of other governmental entities having proper jurisdiction and of those special districts that qualify as "interested parties" under Section 32-1-204(1), C.R.S., as applicable. The Districts will obtain the Town's approval of civil engineering plans and will obtain applicable permits for construction and installation of Public Improvements prior to performing such work. 3: Privatel Flaced Debt Limitation. Prior to the issuance of any privately placed Debt, the District shall obtain the certification of an External Financial Advisor substantially as follows: We are [I am] an External Financial Advisor within the meaning of the District's Service Plan. We [I] certify that (1) the net effective interest rate (calculated as defined in Section 32-1-103(12), C.R.S.) to be borne by [insert the designation of the Debt] does not exceed a reasonable current [tax- exempt] [taxable] interest rate, using criteria deemed appropriate by us [me] and based upon our [my] analysis of comparable high yield securities; and (2) the structure of [insert designation of the Debt], including maturities and early redemption provisions, is reasonable considering the financial circumstances of the District. 4. Inclusion Limitation. The Districts shall not include within any of their boundaries any property outside the Service Area without the prior written consent of the Town Council. 5. Debt Limitation. On or before the effective date of approval by the Town of an Approved Development Plan, the Districts shall not: (a) issue any Debt; nor (b) impose a mill levy for the payment of Debt by direct imposition or by transfer of funds from the operating fiend to the Debt service. funds; nor (c) impose and collect any fees used for the purpose of repayment of Debt. 6. Total Debt Issuance Limitation. The Districts shall not issue Debt in excess of $20 Million. 7. Monies from Other Governmental Sources. The Districts shall not apply for or accept Conservation_ Trust Funds, Great Outdoors Colorado Funds, or other funds available from or through governmental or non-profit entities that the Town is eligible to apply for, except pursuant to an intergovernmental agreement with the Town. This Section shall not apply to specific ownership taxes which shall be distributed to and a revenue source for the Districts without any limitation. 8. Bankruptcy Limitation. All of the limitations contained in this Service Plan, including, but not limited to, those pertaining to the Maximum Debt Mill Levy and the Maximum Debt Mill Levy ,Imposition Term have been established under the authority of the Town to approve a Service Plan with conditions pursuant to Section 32-1-204.5, C.R.S. It is expressly intended that such limitations: A. Shall not be subject to set-aside for any reason or by any court of competent jurisdiction, absent a Service Plan Amendment; and B. Are, together with all other requirements of Colorado law, included in the "political or governmental powers" reserved to the State under the U.S. Bankruptcy Code (11 U.S.C.) Section 903, and are also included in the "regulatory or electoral approval necessary under applicable nonbankrul~tcy law" as required for confirmation of a Chapter 9 Bankruptcy Plan under Bankruptcy Code Section 943(b)(6). Any Debt, issued with a pledge or which results in a pledge, that exceeds the Maximum Debt Mill Levy and the Maximum Debt Mill Levy Imposition Term, shall be deemed a material modification of this Service Plan pursuant to Section 32-1-207, C.R.S. and shall not be an authorized issuance of Debt unless and until such material modification has been approved by the Town as part of a Service Plan Amendment. 9. Service Plan Amendment Requirement. This Service Plan has been designed with sufficient flexibility to enable the Districts to provide required services and facilities under evolving circumstances without the need for numerous amendments. Actions of the Districts which violate the limitations set forth in Sections V.A.1-12 above or in Section VII.B-G shall be deemed to be material modifications to this Service Plan and the Town shall be entitled to all remedies available under State and local law to enjoin such actions of the Districts. 0 B. Preliminar~En 'neering Survey The Districts shall have authority to provide for the planning, design, acquisition, construction, installation, relocation, redevelopment, maintenance and financing of the Public Improvements within and without the boundaries of the Districts, to be more specifically defined in an Approved Development Plan. An estimate of the costs of the Public Improvements which may be planned for, designed, acquired, constructed, installed, relocated, redeveloped, maintained or financed was prepared based upon a preliminary engineering survey and estimates derived from the zoning on the property in the Service Area and is approximately $10 Million. .All of the Public Improvements will be designed in such a way as to assure that the Public Improvements standards will be compatible with those of the Town and shall be in accordance with the requirements of the Approved Development Plan. All construction cost estimates are based on the assumption that construction conforms to applicable local, State or Federal requirements. C. Multiple District Structure It is anticipated that the Districts, collectively, will undertake the financing and construction of the Public Improvements. The nature of the functions and services to be provided by each District shall be clarified in an intergovernmental agreement between and among the Districts. All such agreements will be designed to help assure the orderly development of the Public Improvements and essential services in accordance with the requirements of this Service Plan. Implementation of such intergovernmental agreement is essential to the orderly implementation of this Service Plan. Accordingly, any determination of any. Board to set aside said intergovernmental agreement without the consent of all of the Districts shall be a material modification of the Service Plan. Said intergovernmental agreement may be amended by mutual agreement of the Districts without the need to amend this Service Plan. VI. FINANCIAL PLAN A. General. The Districts shall be authorized to provide for the planning, design, acquisition, construction, installation, relocation and/or redevelopment of the Public Improvements from their revenues and by and through the proceeds of Debt to be issued by the Districts. The Financial Plan for the Districts shall be to issue such Debt as the Districts can reasonably pay within the Maximum Debt Mill Levy Imposition Term from revenues derived from the Maximum Debt Mill Levy and other legally available revenues. The total Debt that the Districts shall be permitted to issue shall not exceed $20 Million and shall be permitted to be issued on a schedule and in such year or years as the Districts determine shall meet the needs of the Financial Plan referenced above and shall be phased to serve development as it occurs. All bonds and other Debt issued by the Districts may be payable from any and all legally available revenues of the Districts, including general ad valorem taxes to be imposed upon all taxable property within the Districts. The Districts will also rely upon various other revenue sources authorized by law. These will include the power to assess fees, rates, tolls, penalties, or charges as provided in Section 32-1-1001(1), C.R.S., as amended from time to time. D. Maximum Voted Interest Rate and Maximum Underwriting Discount. The interest rate on any Debt is expected to be the market rate at the time the Debt is issued. In the event of a default, the proposed maximum interest rate on any Debt is not expected to exceed 18%. The proposed maximum underwriting discount will be 5%. Debt, when issued, will comply with all relevant requirements of this Service Plan, State law and Federal law as then applicable to the issuance of public securities. E. Maximum Debt Mill Lew. The "Maximum Debt Mill Levy" shall be the maximum mill levy a District is permitted to impose upon the taxable property within such District for payment of Debt, and shall be determined as follows: 1. _ For the portion of any aggregate Debt which exceeds 50% of the District's assessed valuation, the Maximum Debt Mill Levy for such portion of Debt shall be fifty (50) mills less the number of mills necessary to pay unlimited mill levy Debt described in Section VII.C.2 below; provided that if, on or after January 1, 2005, there are changes in the method of calculating assessed valuation or any constitutionally mandated tax credit, cut or abatement; the mill levy limitation applicable to such Debt may be increased or decreased to reflect such changes, such increases or decreases to be determined by the Board in good faith (such determination to be binding and final) so that to the extent possible, the actual tax revenues generated by the mill levy, as adjusted for changes occurring after January 1, 2005, are neither diminished nor enhanced as a result of such changes. For purposes of the foregoing, a change in the ratio of actual valuation shall be deemed to be a change in the method of calculating assessed valuation. 2. For the portion of any aggregate Debt which is equal to or less than 50% of the District's assessed valuation, either on the date of issuance or at any time thereafter, the mill levy to be imposed to repay such portion of Debt shall not be subject to the Maximum Debt Mill Levy and, as a result, the mill levy may be such amount as is necessary to pay the Debt service on such Debt, without limitation of rate. 3. For purposes of the foregoing, once Debt has been determined to be within Section VII.C.2 above, so that the District is entitled to pledge to its payment an unlimited ad valorem mill levy, such District may provide that such Debt shall remain secured by such unlimited mill levy, notwithstanding any subsequent change in such District's Debt to assessed ratio. All Debt issued by the Districts must be issued in compliance with the requirements of Section 32-1-1101, C.R.S. and all other requirements of State law. To the extent that the Districts are composed of or subsequently organized into one or more subdistricts as permitted under Section 32-1-1101, C.R.S., the term "District" as used in this shall be deemed to refer to the District and to each such subdistrict separately, so that each of the subdistricts shall be treated as a separate, independent district for purposes of the application of this definition. F. Maximum Debt Mill Lew Imposition Term The Districts shall not impose a levy for repayment of any and all Debt (or use the proceeds of any mill levy for repayment of Debt) on any single property developed for residential uses which exceeds forty (40) years after the year of the initial imposition of such mill levy unless a majority of the Board of Directors of the District imposing the mill levy are residents of such District and have voted in favor of a refunding of a part or all of the Debt and such refunding will result in a net present value savings as set forth in Section 11-56-101, C.R.S.; et ~. G. Debt R a ent Sources. Each of the Districts may impose a mill levy on taxable property within its boundaries as a primary source of revenue for repayment of debt service and for operations and maintenance. The Districts may also rely upon various other revenue sources authorized by law. At the Districts' discretion, these may include the power to assess fees, rates, tolls, penalties, or charges as provided in Section 32-1-1001(1), C.R.S., as amended from time to time. In no event shall the debt service mill levy in any District exceed the Maximum Debt Mill Levy or, for residential property within a District, the Maximum Debt Mill Levy imposition Term, except pursuant to an intergovernmental agreement between the Operating District and the Tawn for Regional Improvements. H. Debt Instrument Disclosure Requirement In the text of each Bond and any other instrument representing and constituting Debt, the District shall set forth a statement in substantially the following form: By acceptance of this instrument, the owner of this Bond agrees and consents to all of the limitations in respect of the payment of the principal of and interest on this Bond contained herein, in the resolution of the District authorizing the issuance of this Bond and in the Service Plan for creation of the District. Similar language describing the limitations in respect of the payment of the principal of and interest on Debt set forth in this Service Plan shall be included in any document used fo'r the offering of the Debt for sale to persons, including, but not limited to, a developer of property within the boundaries of the Districts. I. Security for Debt. The Districts shall not pledge any revenue or property of the Town as security for the indebtedness set forth in this Service Plan. Approval of this Service Plan shall not be construed as a guarantee by the Town of payment of any of the Districts' obligations; nor shall anything in the Service Plan be construed so as to create any responsibility or liability on the part of the Town in the event of default by the Districts in the payment of any such obligation. TABOR Compliance. The Districts will comply with the provisions of TABOR. In the discretion of the Board, the Districts may set up other qualifying entities to manage, fund, construct and operate facilities, services, and programs. To the extent allowed by law, any entity created by the Districts will remain under the control of the Districts' Boards. K. Districts' Operatin Costs. The estimated cost of acquiring land, engineering services, legal services and administrative services, together with the estimated costs of the districts' organization and initial operations, are anticipated to be $250,000, which will be eligible for reimbursement from Debt proceeds. In addition to the capital costs of the Public Improvements, the Districts will require operating funds for administration and to plan and cause the Public Improvements to be constructed and maintained. The first year's operating budget is estimated to be $250,000 which is anticipated to be derived from property taxes and other revenues. The first year's operating budget is an estimate only, and variations from this estimate shall not be considered a material modification of this Service Plan. The Maximum Debt Mill Levy for the repayment of Debt shall not apply to the District's ability to increase their mill levy as necessary for provision of operation and maintenance services to their taxpayers and service users. VII. ANNUAL REPORT A. General. Each of the Districts shall be responsible for submitting an annual report to the Manager of the Office of Development Assistance of the Town Manager's Office no later than August 1 ~` of each yeaz following the year in which the Order and Decree creating the District has been issued. B. Reporting of Significant Events. The annual report shall include information as to any of the following: 1. Boundary changes made to the District's boundary as of December 31 of the prior year. 2. Intergovernmental Agreements with other governmental entities entered into as of December 31 of the prior year. 3. A list of all facilities and improvements constructed by the Districts that have been dedicated to and accepted by the Town as of December 31 of the prior year. 4. The assessed valuation of the Districts for the current year. 5. Current year budget including a description of the Public Improvements to be constructed in such year. 6. Audit of the Districts financial statements, for the year ending December 31 of the previous year, prepared in accordance with generally accepted accounting principles or audit exemption, if applicable. 7. Notice of any uncured events of default by the District, which continue beyond a ninety (90) day period, under any Debt instrument. VIII. DISSOLUTION Upon an independent determination of the Town Council that the purposes for which the Districts were created have been accomplished, the Districts agree to file petitions in the appropriate District Court for dissolution, pursuant to the applicable State statutes. In no event shall a dissolution occur until the Districts have provided for the payment or discharge of all of their outstanding indebtedness and other financial obligations as required pursuant to State statutes. IX. DISCLOSURE TO PURCHASERS The Districts will use reasonable efforts to located within the Districts provide written notice to regarding the Maximum Debt Mill Levy, as well authority to impose and collect rates, fees, tolls and with the Town prior to the initial issuance of the which is the subject of the Maximum Debt Mill Levy. :~ assure that all developers of the property all purchasers of property in the Districts as a general description of the Districts' charges. The form of notice shall be filed Debt of the District imposing the mill levy X. INTERGOVERNMENTAL AGREEMENT The form of the intergovernmental agreement required by the Town Code, relating to the limitations imposed on the Districts' activities, is attached hereto as Exhibit D. The Districts shall approve the intergovernmental agreement in the form attached as Exhibit D at their first Board meeting after their organizational elections. Failure of the Districts to execute the intergovernmental agreement as required herein shall constitute a material modification and shall require a Service Plan Amendment. The Town Council shall approve the intergovernmental agreement in the form attached as Exhibit D at the public hearing approving the Service Plan. XI. CONCLUSION It is submitted that this Service Plan for the Districts, as required by Section 32-1-203(2), C.R.S., and Section 122-35 of the Town Code, establishes that: 1. There is sufficient existing and projected need for organised service in the area to be serviced by the Districts; 2. The existing service in the area to be served by the Districts is inadequate for present and projected needs; 3. T'he Districts are capable of providing economical and sufficient service to the area within its proposed boundaries; and 4. The area to be included in the Districts does have, and will have, the financial ability to discharge the proposed indebtedness on a reasonable basis. Respectfully submitted this day of , 2005. By: Attorneys for the Proponents of the Districts V SM D~SPLANRFC 153 5041105 0801.0003e Memorandum To: Vail Town Council From: Gregg Barrie /Tom Kassmel Date: April 19, 2005 Re: Cascade Village Cost-share Proposal Background In March of 2003, the Public Works Department contacted the Cascade Village Metropolitan District (CVMD) to discuss ownership, maintenance, and easement issues in regards to the public recreation path through Cascade Village. The path, now known as the Gore Valley Trail, was an original approval requirement of Special Development District 4 (Cascade Village) however at that time no easements or maintenance agreements were ever executed with the Town, Our initial goal was to. consolidate the access easements and develop a maintenance agreement whereby CVMD would contribute towards path improvements and the Town would then take over future maintenance of the path. At the same time, CVMD had been discussing several capital improvement projects in the area and was considering the possibility of seeking financial assistance from the Town for improvements to Town-owned facilities. The information below discusses the multiple projects currently under design within the CVMD and how they relate to each other. The projects are being proposed by CVMD, the Town of Vail, and Mirus, LLC (Westhaven Condominiums). At this time, Staff is asking the Council for feedback to a CVMD Proposal for a funding request. The formal funding request will be presented in June when other funding requests are considered. Projects Cascade Village CVMD is proposing three capital improvement projects. Please see the attached Proposal for more detail: 1. Skier/Pedestrian Bridge: CVMD proposes to widen the existing bridge from 9' to 18' and install a barrier through the winter to separate skier and pedestrian traffic. This is an important safety improvement. Replacement of the existing railings is currently included in the Recreation Path Maintenance Plan at a cost of between $30-40,000. Funding: • Staff supports funding 28.5% of the total structural improvement cost for this project • Estimated TOV cost: $106,305 2. Westhaven Drive Bridge: CVMD proposes to add a 6' wide pedestrian sidewalk to the existing vehicular bridge that would connect to the existing Gore Valley Trail. This also is a safety improvement. CVMD also proposes architectural improvements to the bridge. Funding: • Staff supports funding 28.5% of the total structural improvement cost for this project • 100% of architectural improvements funded by CVMD • Estimated TOV cost: $94,620 3. Skier Plaza: Improvements to the skier plaza at the base of Chair 20 include upgrading the retaining wall, adding a railing and installing additional pavers and landscaping improvements. Funding: • 100% of improvements funded by CVMD Town of Vail The Department of Public Works is involved in several recreation path projects in the area. 1. Gore Valley Trail Reconstruction -Donovan Park to Westhaven Drive: This project is currently budgeted and scheduled for construction in the fall of 2005. It involves rebuilding the existing path and burying overhead electric lines under the path. Funding: • Estimated cost is $175,000 • CVMD proposes to provide $25,000 towards this project 2. Gore Valley Trail Improvements - Westhaven Drive to Skier Bridge: This project would essentially bring the recreation path behind Cascade Village up to Town recreation path standards. Once completed, the Town would agree to take over all future maintenance of this section of the path. It is not currently budgeted. Funding: • Estimated cost is $75,000 • CVMD proposes to provide $25,000 towards this project 3. Westhaven Drive Sidewalk: With the redevelopment of Westhaven Condominiums (i.e. "the ruins"), a sidewalk is proposed from the parking structure to the recreation path along the north side of the road. The Department of Public Works is proposing the continuation of that sidewalk along the west side of Westhaven Drive to the Westhaven Bridge. There is currently a significant safety concern along this section of road due to the short sight distance and tight corner. Funding: • Estimated cost is $45,000 • CVMD proposes to provide $10,000 towards this project and to take over future winter maintenance • Staff is working with the developer.for the Westhaven Condominiums for a contribution toward this project 4. Easements and Agreements As stated previously, the discussions with CVMD started with the idea of consolidating the access easements for the Gore Valley Trail through CVMD property and developing a maintenance agreement whereby CVMD would contribute towards improvements to the path and the Town would then take over future maintenance. The Town has hired Peak Land Consultants to determine which easements currently exist and which easements will require amendments or additions. This process should be complete by the fall of 2005. CVMD has offered to work with the property owners to ensure the proper easements are granted. In addition, CVMD has offered to provide necessary legal assistance to draft and execute a maintenance agreement for the Gore Valley Trail through CVMD property. (Please see the attached Proposal for more detail) Funding: . Easement Consolidation cost estimate: $7,000 (TOV) • Maintenance Agreement estimate: $5,000 (CVMD) Funding All of the projects listed above are related to recreation paths or recreation facilities and therefore can be funded by RETT. Of the total TOV portion of the work, over 50% is currently budgeted in 2005 either as a separate project or through the. Recreation Path Maintenance account. The funding request by CVMD in the amount of $200,925 would require a Supplemental Funding Request. Please see the attached spreadsheet for additional detail. Staff Recommendation Staff supports the Cascade Village Metropolitan District Proposal contingent upon final construction bids and based on the following: 1. Capital Improvements: CVMD is offering to make structural, architectural, and safety improvements to Town-owned structures at a cost to the Town of 28.5% of structural expenses of each bridge, not to exceed $200,925. In addition, the recreation paths in the area will be reconstructed for the first time since their initial construction (17 years) and will be in good condition for many years. 2. Precedent: The improvements to the bridges are most likely projects that would not be undertaken by the Town without cost-sharing. However, they are desirable improvements. If, in the future, other neighborhoods request similar improvements, there is a precedent set for how funding from the Town may be provided. 3. Ownership: Since the construction of Cascade Village, ownership and maintenance of the recreation path has been in question. At the end of this process, the recreation path will be reconstructed. (with the assistance of CVMD), and maintenance responsibilities will be clarified. Conclusion The purpose of this Work Session presentation is to gain initial feedback from the Town Council regarding this Proposal. A formal funding request would be presented in June when other outside party funding requests are considered. With a preliminary endorsement of the Proposal, CVMD can move forvvard with more detailed design work and will be prepared to provide more detailed cost estimates at the June meeting. Cascade Village Metro District-Town of Vail Breakdown of Cost Sharing Proposal April 19, 2005 Cost Sharing Funding for TOV Portion Total Cost Cascade % TOV % . Cascade TOV Skier Bridge Structural $ 373,000 71.5% 28.5% $ 266,695 $ 106,305 Supplemental Architectural na Westhaven Drive Bridge Structural $ 332,000 71.5% 28.5% $ 237,380 $ 94,620 Supplemental Architectural $ 193,000 100% $ 193,000 $ - Skier Plaza $ 194,000 100% $ 194,000 $ - Recreation Path Improvements Donovan to Westhaven Reconstruction $ 175,000 14% 86% $ 25,000 $ 150,000 Budgeted 2005 Westhaven Drive Sidewalk $ 45,000 22% 78% $ 10,000 $ 35,000 Rec Path Maintenance Westhaven to Skier Bridge Reconstruction $ 75,000 33% 67% $ 25,000 $ 50,000 Rec Path Maintenance Easements and Agreements Easement Consolidation $ 7,000 100% $ - $ 7,000 Rec Path Maintenance Maintenance Agreements $ 5,000 100% $ 5,000 $ - Totals $ 1,399,000 68% 32% $ 956,075 $ 442,925 Total Requested $ 200,925 CASCADE VILLAGE METROPOLITAN DISTRICT Town of Vail, Colorado Proposal Regarding Improvements and Maintenance of Town Property Apri114, 2005 I. BACKGROUND INFORMATION A. THE CASCADE VILLAGE AREA The Town of Vail approved guidelines for Special Development District 4 in March of 1976. The area now includes the Glen Lyon Subdivision and Cascade Village. The Town required various public improvements, including: 1. A bicycle path extension from the east through Cascade Village to Donovan Park (the "Bike Path"); 2. A pedestrian bicycle/skier bridge north of Cascade Village crossing Gore Creek on the Town's property (the "Pedestrian/Skier Bridge"); and 3. An automobile bridge on Westhaven Drive crossing Gore Creek (the "Westhaven Bridge"). B. THE CASCADE VILLAGE METROPOLITAN DISTRICT ("CVMD") The Town of Vail approved the District's Service Plan on January 21, 1986. The Service Plan. restricted the District to construction and operation of the Cascade Village Chair Lift and related facilities; drainage improvements and construction of turn lanes on South Frontage Road. The District surveyed its property owners in 2003 to determine whether the community would support funding capital improvements in Cascade Village to enhance safety and aesthetic features within the District. The survey also requested respondents rank improvements by priority. Three of the most frequently cited needs of the citizens were: 1. ~ Improvements to the safety and appearance of the Pedestrian/Skier Bridge owned by the Town of Vail; and, 2. Improvements to the safety and appearance of the Westhaven Bridge owned by the. Town of Vail ;and, 3. Improvements to the skier plaza area controlled by the District. In conversations with Town Staff, it leas become clear that the Town also desires improvements and resurfacing of the Bike Path. In addition to the dangerous condition of the path, there are easement and safety issues. The path crosses seven properties within the District and there appears to be an appropriate easement from only one property owner. Also, the approaches and crossing at the Pedestrian/Skier Bridge east of the District and at the Westhaven Bridge are extremely dangerous. II. SCOPE OF CAPITAL IMPROVEMENTS The District is located wholly with the Town of Vail. Upon approval by the Town, all improvements will be designed and constructed to Town standards and specifications. A description of the scope of work anticipated anal cost estimates for each project are attached. [Renderings will be provided when available.] A. PEDESTRIAN/SKIER BRIDGE Improvements to the Pedestrian/Skier Bridge include widening from approximately 9' to 18' and adding a stone facade to both sides of the bridge. A railing would separate the skiers from other path users during winter months and the exterior railings would be designed and built to Town specifications. The abutments will also need to be widened and a hydraulic study conducted concerning impact on the 100-year flood plain. B. WESTHAVEN BRIDGE Improvements to the Westhaven Bridge include widening one side of the bridge to provide for a sidewalk, approximately 6' wide. The District also proposes adding stone facades and potentially adding pilasters to enhance the appearance of the bridge. Initial review indicates adding the sidewalk to the east side of the bridge will minimize impact on adjacent property. The abutments will need to be widened and a hydraulic study conducted concerning impact on the 100-year flood plain. C. SKIER PLAZA Improvements to the skier plaza at the base of Chair 20 include upgrading the retaining wall, adding a railing and installing additional pavers and landscaping improvements. III. PROPOSAL The District anticipates working cooperatively with the Town of Vail to repair and improve these facilities in a cost effective and efficient manner. Accordingly, the District proposes entering into an intergovernmental agreement with the Town on the following terms: A. PEDESTRIAN/SKIER BRIDGE 1. CVMD will incur all of the costs for the engineering and design of improvements to the Pedestrian/Skier Bridge to be presented to the Town for consideration and approval. 2. CVMD will obtain construction bids for the improvements to the Pedestrian/Skier Bridge and the lowest responsible bidder will be determined in cooperation with the Town. 3. The bid package will be prepared so that facade and other improvements related only to appearance of the bridge will be separately bid. CVMD will incur all costs associated with construction of these improvements. 4. The Town and CVMD will each contribute to the payment of costs of bridge widening and structural costs related to safety and improvements of the Pedestrian/Skier Bridge and its approaches. B. WESTHAVEN BRIDGE 1. CVMD will incur all of the costs for the engineering and design of improvements to the Westhaven Bridge to be presented to .the Town for consideration and approval. 2. CVMD will obtain construction bids for the improvements to the Westhaven Bridge and the lowest responsible bidder will be determined in cooperation with the Town. 3. The bid package will be prepared so that facade and other improvements related only to appearance of the bridge will be separately bid. CVMD will incur all costs associated with construction of these improvements. 4. The Town and CVMD will each contribute to the payment of costs for bridge widening and structural costs related to safety and improvement of the Westhaven Bridge and its approaches. C. SKIER PLAZA CVMD will incur all of the costs of design and construction for the skier plaza and related facilities. D. BIKE PATH The Town will survey, design and plan the Bike Path repairs and improvements; determine legal descriptions for easements and bear the costs of construction. 1. CVMD will incur the costs and legal expense tb obtain an easement and maintenance agreement in a form approved by the Town from the seven property owners for the Bike.Path from the northwest end of the District to Donovan Park; and 2. CVMD is also willing to contribute up to $50,000.00 toward reconstruction of the path. 3. CVMD will also incur all costs associated with preparation of an agreement among CVMD, the Town of Vail, the Cascade Village Association, .Vail Cascade Resort and any other interested parties setting forth winter and summer maintenance responsibilities for the Bike Path and Pedestrian/Skier Bridge. E. ADDITIONAL SIDEWALK CVMD understands that the Town and the developer of the "Ruins" may be discussing the installation of a sidewalk from the "Ruins" to Westhaven Bridge. CVMD is willing to commit up to $10,000.00 toward that project. The District is requesting funding in the amount of $200,925.00 from the Town of Vail to be used for structural improvements, as listed above. The Board of CVMD anticipates that, after offsetting CVMD's payment for the Bike Path and potential sidewalk contribution (up to $60,000.00), the Town's share of the improvements would be approximately $140,925.00. We would like to meet with the Town Board of Trustees during an April work session, if possible, concerning cooperation in these projects. \CVMD\CAPIMP 2005 JMF 173 I v4 0020.00 [ 8 Scope of Work/Cost Estimates Separate Document Attached F:l2d0fi~PD4162 - CascadelcaioulatiQnsl~Cascade Cost071~C14.x1sJSummary ~/i612Q1~4 Cascade Metropalltart DisiriCt Opinion of Prc~babl~ Cost Sunin~gry Item Opirtlon of Aratsabte Copt Wir~enin of Westhave Drive Sriti a wlcaissons , ~ 242,flbd io $ 2`~B,OOa Arched Fe ode for the Westnaven Drive Brd e ~ 177,000 fo S 216,400 Flew Pedestrian Grid a wideRSd bath sides, wlfa ode) 39s,4dr) to ~ 482 440 Retainirt We111Raiiin Im rovements $ 171,Opd t0 5 2D9,04C1 Totai 885,Q00 to $ 1,2{l3, QQ ~~ ~~ ~ ~~ q~W ~ ~k ~ ~~ ~~ .. ~ ~~~-- - ~-~~~~ ~~~, iAtesthaven Drive Bridge Widening item. t7ed~. ticin, l~ntts: ~. ~, • ~ualn ~ . 'aosG :` 241 Cieann and Grut,binq L $ 500 1 00 202 Rsmovai of Ri ra SY $ 20 10 $ 200 202 Removal of f~artiorss of Present Structure t_S 10,000 1 $ .10,000 202 Removal Qi l-i t Standard EA $ 500 1 $ 5414 208 Structure Excavation CY a 25 139 $ 3,475 246 Structure &7dtfill Class 1 ~ CY $ 20 115 $ 2,300 2(}8 Tem ra Excavatson Su rt ~ ~~ i_S $ 3.040 1 $ 8,400 240 Reset Light Standard ~ EA $ 1,006 1 $ 9,004 21 i Dewaterin LS $ 2,500 1 $ 2,500 21?_ Erandsca a Reswration LS $ 10.040 1 $ 74,Q00 506 r~i ra CY S 4.5 44) S 1804 514 pedestrian RaiGn ;~ $ 150 102 S 16,300 607 ' Concret$ Class s' GY $ X541 81 $ 27450 601 Relntorcin Steel _ ~ - L8 $ 1 4300 $ 4 300 8411 i7riliiri anti Grouti-1 ~A $ 50 728 $ 8,400 604 f~raina a Modifications LS $ 2,500 1 $ 2,500 BOB Guardrail LF $ 100 40 $ 4,004) 614 Li h#i LS $ 2,440 4 $ 2.000 B13 lltili Relocation E_5 $ 14,Ot1Cl 1 $ 10,040 818 Prestressed Concrete SF $ 4b 598 $ 26,910 626 Mobil"-zatian LS $ 5,Q00 i $ 5,000 53Q Tr~dfr<c Crc,ntrt3) LS $ 1,5410 i 1.500 Sidewalk SF $ 72 1504) $ 18,040 tilled Caissons (24" lA? L1= $ 104 84 $ 48,040 Subtotal A $ 1 ,fi35 20°lo contingency g p Subtotal s ~11,~ En lneelin - C7asi n 17°Io of S~tbtotai B $ 36.034 E inCerin - canst. Su ort 10%flf $ $ 21.19fi ota14 m fln ot` probable Coss. S 9,182 Note: No «x~ts associated wit#t land acquisition or eaQements ar6 included. "this a!E&1latlve assumes that drilled caisst~n type foundations are required in Geu of spread footings. .!u!y 75, 2004 'VSfesthav~rt '~r"+va Bridge At~hed FayadB ti~tn~ _ ,,; : 'c;~ p t~ • ~ ~ ri n iE C4~t ; bluat~t. .~ o~ ~ - - fl1 Clearin ~nrf Grubbira L.S ~ - $ - 2fl2 Removal crf Ri ra SY $ - $ - 2fl2 Removal of Portions of Present Structure LS $ 4,000 ~ - 202 Removal at Li t Standard EA $ - $ 206 Structure Excavation GY $ - $ - 206 Stnscture t3acicfiq Class 1 CY $ - $ - 2fl6 Tem ora Exczva#ion Su ort LS $ - ~ 210 Reset L' ht Standard , ...__. 1vA $ - $ _ 211 [laenraferin _...--... LS ~ - $ - 212 Landsca a Rss;oration ~.S $ - $ - 5s76 Ri CY $ $ - 514 Pedestrian Ra1in t_F ~ $ - 601 Concrete Crass t3 CY $ 450 32.4 S 14 580 601 Reinforciri Steer LB $ 1 2000 $ 2,040 601 Driltin and Groutin 1=A $ ~0 96 $ ,4,800 6Df Ciusrdrail LF $ 513 Li htin to $ 2,000 4 $.000 518 Prestressed Candrats SF $ - 626 Mobiiizatfon LS $ 2,~Ofl 1 $ 2,500 630 Traffic Control t_5 $ 1,540 1 $ 1.50fl Arecast P:anets CY $ 444 a0 $ 16,000 Stone Fa de 5F $ 55 1444 $ 79,420 u t~! A 12$,844 24'y~ contingenc 25,78(1 Subtotal 8 $ 15+4.564 EO iiteeri - Desi ri 17°~ of Subtotal B $ 26,275 ~ lrlESrtrt - CDr1S`~ SU Ct 14°/a of ~ $ '~,~,~~ oral Opirylott o~F Probable Cast 91 Duty 1v, 2(104 Petie~trlan Bridge • Widened on t3oth S~Ir#i:s m #~ ~cr.4 ~• .. ~1ItF , . rt ;CasE _ , , Wit,.` ..4... .., . 201 Ciea and rub i LS 1.5p0 1 $ 1,~ 246 Structure F~cc~vaiion CY $ 25 120 ;iti 3.Ot14 205 Structure Bac~ll Glass 1 GY ~ 24 90 $ 1,800 208 Sili Fence l,F $ 8 250 $ 2.044 21 ~ Llewaterin t.S $ 2,540 1 $ 2,500 212 Landsca Restoration LS $ 5,000 1 $ 5 D00 506 Ri ra CY $ a5 2p ~ 900 6i4 Pedestrian Bailin 1^F $ 150 245 35 900 641 Goncrete Glass B1 CY $ ~ 45~t} ; g4 ~ 42,300 801 Reirforcin Steel LB $ i 8040 ~ 8,000 626 Mobillxetion _ l.5 ~ 10,000 1 $ 14,44D 6,28 Furnish grid Install Grid a Su srstructure I.S ~ 41,000 Q - Ski tti madificattans LS S 5,000 1 ~ 5,400 Structural Steel L6 $ 2.54 4300Q $ 107 500 l7rtu and Grout Dowels EA $ 54.40 110 $ 5,500 Stone faced recast anels SF $ oS.CO 856 55,7fi4 Subtotal A $ 287.6$4 24% conungenc ~^ $ 57,532 Subtotal B ~ ,192 E irieerin - De51 n ~17°/n Df Subtotal B" $ 58,B83 ~n ineerin - COriSt. SW Or[ 10% of E3 _ ~ $ 34,810 otai Qpinian robable Cost cf$ 1384 Note: A precast fide urith atone fac3na is included in ttts'S a!t6rn8tive, July i s, 2004 Gasaade Village Reining Wailtl4ailing Improvements #erit ~`.~. atj Mari. ri ~ - riit..oat~ idtua ~ .,-: RBmove dsteri~ted waif Gpatin SF $ 3 335 $ 838 SWcco outside face of wan SF $ 7 '1404 $ s,8t~? Coadn outside face of wa111 $F $ 1 SO 1400 $ 2,106 i~ew C stones SF $ 35 233 $ 12,815 Drift and Grout Anchor Bails for railtn EA $ 25 94 $ 2.250 Railin -Sieell"ube LF $ 76 375 $ i3.f25 Pavers wfbeddin . . . L5 ~ 46,04p 1 $ 86,000 1.andsp in . . _. _ LS $ 10,04D 1 $ 14,404 Stone Faan SP $ 55 68t} $ 36,300 Concrete Mason Wall ><xtension Si` $ 25 175 $ x,375 S - S - ~ - S, - $ - S - ubltatal A $ 137,8U 24% contit- envy $ 2 , 1 Subtotal 1$5 'iZ9 Elf lneerin - C1esi n i3% of subtot8l B } $ ffi,512 X11 Irte8ri ~ ~ar1~3t. SU Drt 5% Of ~ $,256 Total O iriic~n a Prvba6ie Cast 18S,88t .1u~y f~, 2004 CASCADE VILLAGE METROPOLITAN DISTRICT Town of Vail, Colorado Overview of Anticipated Capital Improvement Projects 2005 ,;. t _ -, ~- ;a .€ .~, -- I. BACKGROUND INFORMATION A. CASCADE VILLAGE The Town of Vail approved guidelines for Special Development District 4 in March of 1976. The area now includes the Glen Lyon Subdivision and Cascade Village. The Town required various public improvements, including: 1. A bicycle path extension from the east through Cascade Village to Donovan Park; 2. A pedestrian/bicycle/skier bridge north of Cascade Village crossing Gore Creek on the Town's property (the "Pedestrian/Skier Bridge"); and, 3. An automobile bridge on Westhaven Drive crossing Gore Creek (the "Westhaven Bridge"). B. THE CASCADE VILLAGE METROPOLITAN DISTRICT The Town of Vail approved the Service Plan for the Cascade Village Metropolitan District (the "District") on January 21, 1986. The Service Plan restricted the District to construction and operation of the Cascade Village Chair Lift (a/k/a Chair 20) and related facilities, drainage improvements and construction of turn lanes on South Frontage Road. The District surveyed its property owners in 2003 to determine whether the community would support funding capital improvements in Cascade Village to enhance safety and aesthetic features within the District. The survey also requested respondents rank improvements by priority. Three of the most frequently cited needs of the citizens were: a. Improvements to the safety and appearance of the Pedestrian/Skier Bridge owned by the Town of Vail (See, TAB I); b. Improvements to the safety and appearance of the Westhaven Bridge owned by the Town of Vail (See, TAB II); and, c. Improvements to safety and appearance of the skier plaza area controlled by the District (See, TAB III). In conversations with Town Staff, it has become clear that the Town also desires improvements and resurfacing of the Bike Path. In addition to the dangerous condition of the path, there are easement and safety issues. The path crosses seven properties within the District and there appears to be an appropriate easement from only one property owner. Also, the approaches and crossing at the Pedestrian/Skier Bridge east of the District and at the Westhaven Bridge are extremely dangerous. II. SCOPE OF CAPITAL IMPROVEMENTS The District is located wholly with the Town of Vail. Upon approval by the Town, all improvements will be designed and constructed to Town standards and specifications. A. PEDESTRIAN/SKIER BRIDGE Contemplated improvements to the Pedestrian/Skier Bridge include widening from approximately 9' to 18' and adding a stone facade to both sides of the bridge, installing a railing to separate skiers from other path users during winter months, adding exterior railings and widening the abutments. (See, TAB IV). B. WESTHAVEN BRIDGE Contemplated improvements to the Westhaven Bridge include widening one side of the bridge to provide for a sidewalk, approximately 6' wide. The District also proposes adding stone facades and pilasters to enhance the appearance of the bridge and widening the abutments. (See, TAB V). C. SKIER PLAZA Contemplated improvements to the skier plaza at the base of Chair 20 include upgrading the retaining wall, adding a railing ari<d installing additional pavers and landscaping improvements. (See, TAB VI). D. PEDESTRIANBIKE PATH Improvements to the bike path will be designed and constructed by the Town. III. CONCLUSION In order to construct the improvements desired by the citizens, the District believes a cost sharing arrangement between the District and Town will benefit all parties. The District requests your approval of the proposed cost sharing arrangement. \CVMD\MISC JMF0812 0020.0018 +Ir s ' ~ ~~' t~~~~ ~ ~~ t~ ~ ~.,' ~ 1.., ~. tlr ~' j i i ~ p e { A` ~. . ~. ~ ~;~ ~: ~~ r ~. ~ ~ti 4 '~ r ~ i R +I t., ? ' y4 3 ~ 'f :~ B :t~ '~. r ~' ~' ~~,~ -t~~' ~e ~• ~- 4 ~ i st$4 F ~ ~. E ~~~~ 'x~~~~ ~ ! .. ~''" . ... ` ~P ~~ ?fib: LtU.~..f~ I f V ~~i t`v1f~t-' TAB I,PAGE1 EXISTING PEDESTRIAN/SKIER BRIDGE TAB II,PAGE1 EXISTING WESTHAVEN BRIDGE F. ~~Y ~ ~,- F r ~ d~',w_Y Q~~ Y~ '~~ ~~ ~ ~~ h~N T ~ ~ 15 [ I NCB ~ti~ ~ 5 I I~ I ~ti ~ ~ti (31Z 11)C~ t ~ ~ ~ ~ i ~ 1• ~~ : 1 r. :~.^.\ ~. ,_ ~ ~ a _ de iF ` r ~,~ 3- r i ',- ~ ^' ~_ . r ifs..- TAB II, PAGE 2 TAB III,PAGE1 EXISTING SKIER PLAZA .~ s ~,: ~~ ~}~ ~, ~.,. ~~ ~;.; ~, ::,~~"~ ~,~ ~ s ,,. °~ TAB III, PAGE 2 EXISTING SKIER PLAZA T -'.~~k . - 9 ~r--a - ~ G-, !~~ ~ ~ PRQPCfSED PEDESTRIAN/ SKIER BRIDGE TAB IV, PAGE 1 ~ 20'-0" 0 (n m 0 TIMBER m RAILING 0 m RNER ROCK iRNER ROCK VENEER ~ VENEER D Z_ Z m PROPOSED ~J ARCH FACADE STEEL BEAMS ~ PROPOSED CROSS SECTION OF WIDENED SKIER BRIDGE 0 m D W PROPOSED ELEVATION D OF WIDENED SKIER BRIDGE m IV Com uter File Information Sheet Revisions CASCADE VILLAGE Project No /Code ceacaa oats: oa/os/os Initials: scB O PROPOSED SKIER BRIDGE WIDENING . ~~ MaeiN~tian Dace: oa/oe/os baime: EAe O CASCADE VILLAGE ]~~ ~' Na Revisiare: ELEVATION AND SECTION P05116 Rill Path: F:\2005\P05116\dmwings O METROPOLITAN DISTRICT ~ c~~~ m~u ~~ R i s Deeiyner: sce swm~ D arilg Fde Name: GENLATSKI.DWG O ev se : Detadw: FAB Numbers Arno vw. 2000 Scale: AS NOTED Unds: ENGLISH O Void: Sheet Subset: Subset Sheets: of SAeM Number PROPOSED EKISTING BRIDGE WIDENING ~t O~-tO~~ PROPOSED WIDENING REMOVABLE RAILING AND SNOW RETENTION BOARDS O t, `,C f ti {{ f 2 JI ~ , 'Y""'a' ~ ?... .,.. a ~' ,. ° > ~{ ~_.~ ' ~~ , `Pt ^-r ~~~ ~1!!r ~ ~a i . ~, {~/ 1 r~wc. `' Cam, `,. -'... !:.- C d • 1 ry ~~'~ ~/~ _., .~ .~ 4 ' r / ~, ~'~ ~ ' A'~ W - W ~ L ~ fKiTILCN L ~ PROPSED WESTHAVEN BRIDGE TAB V, PAGE 1 PRC)POSED WESTHAVEN BRIDGE TAB V, PAGE 2 -`~ -Q /~ Q rn C/'1 `~U rn °n m D C D n rn w {` : " _.~-____ _. -_- ~/ ~,,, ~ ~ of ~ ~~ /~ l f~ ~ \.~ f ~ S~D WALK ~ ~ `~ f ~ '~ , / f `° ~ GUARI3RAIL VN/ RNI~~` ll.~/,.,,.'."- ~ !' ~ 1' ja i / ~ t ' /' \ _ }'rye ,- Vy 711,' 1+^ ~` ~ '~-,. ~ t J r .."~ ~'__ -~_ (/}Q 3 .,-- - - ~L" ~?fi_„r - ~ --- ~ ~ y Syr . + ~, ~- j _z _ _ __ ~ 1~ I ~ s~ _. ,- ~: i C7 ~ t3 z ~ r~ ~ ~ ~ ~ ~ 1`a ~ ~~ l j~l~ ''~ ~ Y171N A~. i ~ r. ~' ' ' l --j ~~, t' I _ \ 2, t7 i~l~~ j ` ~~~-,- hdG'7~/~LL ~ `1 ~ xJ ,, 'Y` _ ~ IJS' ~ FEE l 1~~ ' ~/ ~..,,,,~ f ~ ~'*. "~ r _ ~ ~~ ~ ~ ~ C~ a %' _~ ~ ~lS,. d1 ~ qj 1~f taNt}~~t4L j~ ~..../ `"a ' _~'1 {,/ ,.~ p O f ~~ '-~ III ~ t ~t ~~! .~ aau ~ ~ t ? ~ , ~ i t:xi s+ss ~uK ~! i73 xocN~ ors ~ .~ --s ~ ~ s ' ! p sa° ~ 22` #.ifsH?,LT Iv'If.~. StiRiAC£ .-.! Y „„_,raar,~;[ 3r lN,o-, ~. ~ataCax Ew't. S% ~~ ~ i f `~ f 1 _ ~_~ } ~ ~ "~ '.~... ;.} - x~- ,a: . COaYltl.f . 1 -'aS9riuT {r-wCS55~a0+~_*~ ~ mFer~Y . ~' _. _ ~. _. ., ...,. ~ - -- ... - ' ;( ~i 3 ; j ~ . . s-s~` } ..._ ~s'.. ~ ~saa"cc~n e.ntsa; t,s - ~ ~ ~ '~ 1 ~ ~ ~ ~ ~ ~ j BEET ~ ' '~.t~ :SECTION A-A - EXISTING a i v IXISONG BRIDGE NEW SIDEWALK ~ 6'-O" CLR. (n 1'-D" 2'-0" 22'-2" 2'-D" 1'-D" m BICYCLE ~niu c ~ - m ' ~~ ~ ~ I -{ RNER ROCK RNER ROCK VENEER VENEER D O m z PROPOSED \ Q ~ACADE ~ / \ PROPOSED IXISLING NEW 6.5' WIDE \ ARCHED m DOUBLE TEES, DOUBLE TEE 1 \ / FACADE _____ TYPICAL (40" DT + 6' CI ~~// P) PROPOSED CROSS SECTION OF WIDENED WESTNAVEN DRIVE BRIDGE D D t7 m ~ PROPOSED ELEVATION OF WIDENED WESTNAVEN DRIVE BRIDGE Com uter File Information Sheet Revisions CASCADE VILLAGE Project No./Code a:atian Date oa/Da/os Initials: sce O PROPOSED WESTNAVEN DRIVE BRIDGE WIDENING Lad nadir aian Data: oa/oa/os Ini6als: EAe O CASCADE VILLAGE i~ ~7r-~ /I'A]/ ~ 1l. Na Rev®are: ELEVATION AND SECTION P05116 Ful Path: F:\2005\P05116\drowings O METROPOLJTAN DISTRICT _ ammo aa«a~ ma~oo .ate t~l ~~ ~ R d Desyner: scB st w Daring Fk lame: GENLAYWESIH.DWG O erAe . Detaikr. EAB Numbers Acid Ver. 2000 Scale: AS NOTED Unid: ENGLISH O Vdd: Sheet Subset Subset Sheek: of Sheet Number ~a>' ,. ~_ a. .~.. ~~ F:, PROPOSED STONE VENEER FOR PEDESTRAIN/SKIER AND WESTHAVEN BRIDGE ORDINANCE NO. 10 SERIES OF 2005 AN ORDINANCE APPROVING THE COMMERCIAL CORE CONSTRUCTION MITIGATION SIGN AND CONSTRUCTION FENCING PACKAGE, AND SETTING FORTH A SPECIAL REVIEW PROCESS TO ALLOW FOR STAFF APPROVALS FOR TEMPORARY SIGNS, CONSTRUCTION FENCING, AND OTHER TEMPORARY IMPROVEMENTS WITHIN VAIL'S COMMERCIAL CORES. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado 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 (the "Council") have been duly elected and qualified; and WHEREAS, approximately $1 billion in redevelopment is proposed in the Town of Vail over the next several years which will have many physical and economic impacts on the Town's businesses, guests and residents; and WHEREAS, the Council wishes to minimize the negative impacts of this unprecedented amount of construction activity on the Town's businesses, guests and residents. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Town Council hereby endorses the Commercial Core Construction Mitigation Sign and Construction Fencing Package. Section 2. In order to facilitate the implementation of the Commercial Core Construction Mitigation Sign and Construction Fencing Package, thefollowing process shall be substituted for the customary zoning, design review, and sign review as set forth in the Municipal Code of the Town of Vail A. All temporary signs, construction fencing, and other temporary improvements which comply with the Commercial Core Construction Mitigation Sign and Construction Fencing Package necessary for the mitigation of construction impacts in Vail's commercial cores shall be administered by the Public Works Department Director or his/her designee. B. If Town staff and a private retailer disagree on the inclusion of their business signage on the General and Direct Business Impact Mitigation Signage, that retailer shall have the right to appeal the decision of staff to a three person panel comprised of the Town Manager, Director of Public Works, and Director of Community Development. This three person panel shall have ten business days to convene and make a ruling on the appeal. Should the private retailer still feel that an incorrect decision was made they can then appeal the panel's decision to Town Council. Appeal to Town Council shall occur after the Municipal Code's requirements for appeals are met. c Ordinance No. 10, Series of 2005 Section 3. The authority granted pursuant to this Ordinance shall terminate on April 1, 20013, unless sooner extended or terminated by separate ordinance of the Council Section 4. If any part, section., subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that .~" any one or more parts, sections, subsections; sentences, clauses or phrases be declared invalid. ^ Section 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of April, 2005, and a public hearing for second reading of this Ordinance set for the 3`d day of .May, 2005, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3rd day of May, 2005. ATTEST: Rodney E. Slifer, Mayor Lorelei Donaldson, Town Clerk Ordinance No. 10, Series of 2005 2 C®mercial C®>re C®ns~ructi®n l~it~gati®n Sign and ~C®nst>rncti®n Fencing Package The following construction mitigation plan covers_the following categories of signs and -. fencing applications. The elements described within this document are not intended to take the place of legally required vehicular traffic control devices, OSHA required construction notices, and other devices intended for purposes of public safety. ~ i . 1. Overall marketing signs and features 2. Mitigation to businesses impacted by streetscape and utility construction activities 3. Construction fencing and pedestrian barricades on pedestrian, area streets 4. Large Property redevelopment project site fencing 5. Traffic control activities on non pedestrian area streets ®ver~l ffi~rket~g ~i~a ~d f~~e~ Commercial area entry features Construction information Kiosks 2d and 3d Interactive Displays and Exhibits ;~ k.~ _ ~ - "j i `ifs ~ kra~ t~ r ~7} ~ ~ ~ ~rty~l a y. T 'y?~i~ r ;~~ r'V., aux.. ~~;: ~~ L ~,e; ~-[ _ ~'~-I:~ _,. .f~~y-, ' ~,;7~ "r . ~ '_:'~ r': .' =! E~ ",+m~~ , L-n ~1... _. s , . . c I ,m __~_-- -- ~'~ Purpose: As Overall marketing signs and features to create visual interest, provides activities to increase dwell time (lingering), and promote overall community (guest experience). To let guests know that good things are happening and Vail is open for business. Placement Criteria: • At Primary and secondary entrances to business districts. o East Meadow Drive, east and west ends o Slifer Plaza o Check Point Charlie o Gore Creek Drive at Founders Park o Hanson Ranch Road at Mill Creek Chute • At key, highly visible locations within business districts where space allows. • On or adjacent to development redevelopent fencing where space allo~~vs. Period of Use: • During streetscape construction periods. • While development construction fencing is in place. - • While weather and maintenance activities permit without impact. ~mm~r~ ~mmd ' ~~ ~~~~~ ~p~~g ~~ffitria~n Purpose: To enhance and encourage pedestrian traffic through and between business areas, create visual interest, and reduce confusion by providing visual clues for moving about through town. To supplement currently allowed business signs by enhancing direct business identification, reducing confusion, and assisting patrons in negotiating through construction zones to individual businesses impacted by construction activities. Allow for small individual business plaques on a larger graphic sign format where construction activities are immediately in front of business entrance. Provide additional directional signs to help guests moving between general business areas. Provide specially trained flagging personnel in these areas to facilitate safety, assist the guest, and provide c directions. Placement Criteria: • At the beginning and end of each general construction zone to identify. businesses located within that zone. • East Meadow Drive • Gore Creek Drive ~- Y. . • Children's Fountairi/Gore Creek Promenade . • Upper Bridge Street - • Hanson Ranch Road - `" "`~' • Lionshead Mall • At intersections and key decision points to encourage pedestrian traffic between business areas. Period of Use: • During streetscape construction periods. • While development construction fencing impacts visibility into business districts from main pedestrian routes. • While weather and maintenance activities permit without impact. I~~r~e °ope~y revel®p~~.~~t p~°®ject ~~~e ~enc~ Blue Creek Productions has been retained by Vail Resorts Development Company to provide 2D and 3D graphic and interactive displays throughout the Lionshead Core Site consh~uction area. These displays will be both attached to the construction fence and be free standing. One Willow Bridge Road development has provided a printed windscreen along the length of their construction fence. The Sonnenalp project will be encouraged to provide something similar. The Vail Plaza Club will be requested to change their fence from chain link to plywood so similar graphics can be applied. The town may have to pay for some of the painting and graphics since chain link was originally approved. The previously allowed "Billion Dollar Renewal" ~igns will be used and enhanced through these measures. i ® Vail Plaza Club • Sonnenalp • One Willow Bridge Road ;,~~,,~. • Lionshead Core Site Purpose: -- ..,.~~.~.:..~. ~.. .~._...M., .~:: • As required by code. .~ ~ _.. • To protect adjacent properties and public way from debris and construction hazards. ® To screen unsightly construction activities from public view. • To prevent unauthorized entry into construction zones. Opportunities: • Provide a backdrop for interactive features. • Provide visual interest. • Promote community. ~~ee~ -.~-T, < < s:' ~ , 't`.. ~ / ~ ~ ~ J-~ _ r:.; pia ~_ ~r ~, ~s a ~ ~ ~F fl f~ _ -~l -- 42' to 48" co~istruction fencing and moveable pedestrian barricades will be used in areas where excavations will be filled in or plated over during nighttime hours: This is primarily the Bridge Street/Gore Creek Drive/Hanson Ranch Road portion of the Village. 72" construction fencing (with concrete barriers where required) will be used where excavations will be left open during night time hours. This is primarily East Meadow Drive and Lionshead Mall. All fencing and barricades will be wrapped with colored _ windscreen material. Approximately one-half to one-third of the windscreen material will be printed with graphic images to improve aesthetic quality. Traffic cones; barrels; and - -° construction tape would be used only in small areas for short duration construction ~' activities. Purpose: • To separate pedestrians and construction activities ~ - • To prevent unauthorized entry into construction zones. • To define safe pedestrian routes through construction zones. . Opportunities: • Create visual interest and reduce confusion. • Enhance appearance of construction zones. • Promote finished product. Tr~c ~®n~®1 ~~vitl~~ ®n n®~ ped~s ' n ~~~ ~~ee~ Vail Road Lionshead Place South Frontage Road No special business signage. Follow MUTCD for traffic control devices and flagging. Drivers need to be paying attention to traffic and traffic control personnel not to other signs and information. \~- % a ~ ~`} ` ~~~ ~ 2~ ~~ `~~ /`~ p ~~ ~ ~ Q ~ a ,.~....~w. I ~-rte _ ~ ,b,~,,µ~ ~ .~,,,e.,,",«..ur. GRAPHIC, ~ ' / y~1 i GRAPHIC - ~""'~, ~ FEATURE rw o °' > (' C ENTRY ~' ~ ~.~..A AR:VI~S ,,,m \ ~ FEATURE ~r~ ~ (vAUOOOT.\r.DSrwF EncssPnADS s J .~.. vnuGE lNrl RtA2a ,,,,~,. \ . \ euSINGSFS O / REVERSE ~ GY ~' '~~ i ~' ^:IORE Tnti WAY "~~LJ~/ "~ ~ GRAPHIC \ ~~, ~'° "VV ~~_ y~'` ENTRY o ~ 5 ~-`~'~ n ~ ~ ~ ~~ ~ ~ ~~ FEATURE _-~~ ~ n ~ ~ w / ~~ vuL foor.cruo snos ~~ . , `~ L/ \ C / „~ ..... I;~.._-;c r-~-:~ L, ~aa^ `~'~~~ ``.~ ~ ~~ ~\ 2 CT'.055PCAU$& ~ 7 1\\\,\ %~ Lt u_---~ ~~~ \I I \ 1 }- r~ ~"" VR.ti.GE'rl'<RAZ4 ~ \ u" ~~11\\ ~ ~ ~ f.~_ ~ ~r ~i y-~ / I >',. I I eusmpssES !~ ~ \ ~~ t ~ mmiJ~ - . _-`__ .. ~.,, JJ .u.,.,,. ,,, m..rr..ou ` ILJJ -~l O l> .., LJ l !/ 1 "`LORE IRIS Y:4Y r / ~ GCRE CRECI( PPONEM1ADE ` 5 ~ j ~ ~ " ~\~. ~ '",L. - \ ~~ ~ .. ~\ ~v` .\2 ~ I -, •4 ~ ~.. \ /~. AL122 5US:NrcccS ` -~~L T -~-~fT_T --~ ,> eUS:NES5E5 L a ~ U a O IG WEST GORE ~ \ _ J_ ~ ~ / PLEASE ACG55 ``~ ! _ P.~ Ry CPEEK D?NE LISTED ~ ALL 22 BUSIf EaSCS ~~ /{. `~ Q /!!!"' C;i1LDREN5lCUHTAtII ~ 1r "1`. ~ REVEP52 ~n ~ ~' ALDNG U2P 3ER:CL;P .~~~I ~ ~ \`\ I ~ g _ ~ / r VIA GORE CREW: DRI`:E _ ~ c gy'ar •t'D?ET IS WAY Fii SfF T IS(ED ~ GC.~E'I B;M \ ~\ ~, ~ / Rn'ERS_ ~ q/A NC\KR'-E Gye5UCti5 ~ `f C ~. 1 ',NMC THIS WAY ~ { ~",o ~ ~r°tr' ~ .1atE TN?SWAN r/ V0.1L VfLlAGC AN'GUES ~\ ~\ j/ .~\\~ p \}\ ~ f l ^^^"`iii^^^ \ MILL (REEK CCLRT \ ~ - \~ t,, ' m ~ ' r \--___ I Vj x r ~ P112 BUSIItE55E5 `" ,~ , / BU:INM1G - $ ()/" W~ \ _, \ j " / ~ ~ `~~ n ~ ALa.G WEST GCRE ~ ~ / REVERS[ ~ !\ \ ~` \'\I ~wxax .. \... ~ ~CA~~( DR.YE Li5'EC u.. ~~ ~ ^w~ - .. )J \ h ` ~ "nCP 1NIG 1Va' - •.nv+ ~ _ -.~-.._ ~ --~.-. / ~~ \ ~~ ^~MDRE~1 S \VPY \ \' / ~N roa ~~'~ \ 1..: y~ .... ^J ~ ~\~~ \\ \\~ i~--~ ~--\ ~ J'coRERAnG=_nloumraln ~_ 5•" .~ ~_ , ~ ~~ '\ ~ °"" c ~ />•~" GRAPHIC ~ ~ ' ~~ ~~ \ ~«°"° d ~ LWOoRrlGworIREY ~ / u". ENTRY \~_ 1~---~ / \ J l / , _ SP~,iE -~i ~ E` ~ ~ ~ ~I/J ' x ~ ~~ ~----' '~~ FEATURES § r-~ \ ~~..`~ ~.f/ ~ ~ P Ir.n C.EI(..O IEIIAOE YiA _ T1 V ei '~ V' ` ~ __ ~ ' ca \\`~` ~-' GORE CHEEK CRIME ,uavJ ".. ~., ~ ~% _ ~~ O /\~ '-~, }~ i. -` ~ /•\ 'IACRE THfS WAY a ~_ \/'~ \II / ~q•~ ~, 'n, ~ ALL 10 EUSIf:E55E5 ~ ~ r f`~x-~ ~ ~r ~~\ J~.I C~-~~,~ ~\ /'~/ ~ ~` ..~, ~ ~,s'+,/ ~[~"p~ ~ `(/ 1 ALalG ll.r,sa<lal,cn ~ ~ ~-~ ~ ~ I ~ ~~ ~~ ti-' !~ `~---'~^\'~"~ ~J 1 w ((~ l:J•~ \~ ~ \• ~I RDPD t15TFD o..,_~"+-I ~ n..e.w '~'''7I .~ 1 ~/ ~ ~ r _ 2 Ucrr.csse5 \ ~-r-1_~ ~ =v/. ~~-~A I._!yL !n su<:xf5cc, ~ 1 I c~ f\~J/L~ ~ I ~ % II I 1~ II WPIA ATIEETAFATON /` /I alDf.G MPN_OiI PAtiUI '-'-~~J \ ~ ~ , ~~ ~~ \ ~ • `~ F.E'lffSE ' " " ~ lu " • - rlOAO LISTED / ~_`i ~ ~~ ~{ I 1 `~ I / ~ % REVE0.5E \1 'otDPZTIIS WAY / Y r~~ ~%'~r ~e ;`J hill lll~JII III J\/ rS"r •~^ 'f:0RE T435 Y,•AY AIL 2EI Il:fii[S y ~ ~ '- \ ~~___._~ / ~~\ ~~. A16'G UPPER 9UDGE- ~ /r ./ ~~'~ 1 ~~~•//i!.%//ill ~ -- . \ ~.~ ~ RNCLE ~(/ LLr L/.~SJ\ l / •\ ~`l (' t \ •,1--~/~.~ ":TORE TiiS YlAN ~~ r1 ~~ \t, ~ ~^~/-~~ ~ ~LCJt~-`~-- ~~, ----- \~. ~~~ ~ ~-, ( ~ 1 J ~~ ~m.~A )low' \~ -_ ~ - `~ ~ ` ~ ~ 1. --,•, ' \\ ~ i MEMORANDUM TO: Town Council FROM: Community Development Department DATE: April 19, 2005 SUBJECT: Ordinance No. 11, Series of 2005, an ordinance amending Section 12-14- 14, Restaurants, Bars, or Similar Uses, Vail Town Code, and setting forth details in regard thereto. (PEC05-0018) Applicant: Town of Vail Planner: George Ruther DESCRIPTION OF THE REQUEST The applicant, Town of Vail, is proposing text amendments to Section 12-14-14, Restaurants, Bars, or Similar Uses, Vail Town Code, to delete specific language governing noise. This application is intended to remove a conflicting regulation from the Town Code. II. BACKGROUND On March 28, 2005, the Planning and Environmental Commission voted 5-0-0 to forward a recommendation of approval to the Town Council for the proposed text amendments. The Commission's recommendation was based upon the review of the criteria noted in the March 28, 2005, staff memorandum and the evidence and testimony presented, with the findings noted in the March 28, 2005, staff memorandum. The March 28, 2005, staff memorandum to the Planning and Environmental Commission had been attached for reference (Attachment A). III. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council approves the first reading of Ordinance No. 11, Series of 2005, to amend Section 12-14-14, Restaurants, Bars, or Similar Uses, Vail Town .Code, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria noted in the March 28, 2005, staff memorandum to the Planning and Environmental Commission and the evidence and testimony presented. Should the Town Council choose to approve the first reading of Ordinance No. 11, Series of 2005, the Community Development Department recommends the Town Council makes the following findings: "Based upon the review of the criteria outlined in the March 28, 2005, staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Town Council finds: 1 7. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail ,~ Comprehensive Plan and is compatible with the development ~ objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 72-7-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious . development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " IV. ATTACHMENTS Attachment A: Planning and Environmental Commission memorandum Attachment B: Ordinance No. 11, Series of 2005 2 MEMORANDUM TO: Planning and Environmental Commission , FROM: Department of Community Development DATE: March 28, 2005 SUBJECT: A request for a recommendation to the Vail Town Council of a proposed text amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Section 12-14-14, Restaurants, Bars, or Similar Uses, Vail Town Code, to delete specific noise regulations, and setting forth details in regard thereto. (PEC05- 0018) Applicant: Town of Vail, represented by Dwight Henninger, Police Chief Planner: Bill Gibson SUMMARY The applicant, Town of Vail, is proposing a text amendment to Section 12-14-14, Restaurants, Bars, or Similar Uses, Vail Town Code, to delete a specific language governing noise from Title 12, Zoning Regulations Vail Town Code. This application is intended to remove a conflicting provision from the Town Code. Based upon Staff's review of the criteria in Section V of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for the proposed text amendment, subject to the findings rioted in Section VI of this memorandum. DESCRIPTION OF THE REQUEST The intent of this application is to remove a conflicting regulation from the Town Code. The applicant, Town of Vail, represented by the Police Department, is proposing a text amendment to Section 12-14-14, Restaurants, Bars, or Similar Uses, Vail Town Code, to delete a specific noise regulation. Currently Section 12-14-14, Vail Town Code, limits the volume of noise generated from a "restaurant, bar, or similar use" to 50 decibels outside of the enclosing walls of the use. This provision is in conflict with the Town of Vail nuisance regulations which comprehensively regulate noise (part of Title 5, Public Health and Safety, Vail Town Code). The nuisance regulations of Title 5, Public Health and Safety, Vail Town Code are the noise limits currently and historically enforced by the Town of Vail Police Department. The proposed text amendments to the Title 12, Zoning Regulations, Vail Town Code, are as follows (deletions are shown in ~tr+l~e-t~rs+~gh, additions are shown in bold): 12-14-14: RESTAURANTS, BARS OR SIMILAR USES: In districts where restaurants, bars, or similar uses are allowed, they shall be subject to the following requirements: d s-e#--tE~a , , ~a ~~~- Design Review Board: The Design .Review Board has no review authority over a text amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. .The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval; approval .with modifications, or denial. V. REVIEW CRITERIA The review criteria and factors for consideration for a text amendment application are. established by the provisions of Section 12-3-7, Amendments, Vail Town Code. 1. The extent to which the text amendment furthers the gener;~l and specific purposes of the Zoning Regulations; and, Staff believes this text amendment furthers the general and specific purposes of the zoning regulations by consolidating the Town Code provisions related to noise within Title 5, Public Health and Safety, Vail Town Code. Staff believes this will facilitate a more efficient and equitable implementation and enforcement of the Town's noise regulations. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and, Staff believes this text amendment better implements the Town of Vail's goals, objectives and policies by consolidating the Town Code provisions related to noise within Title 5, Public Health and Safety, Vail Town Code. Staff believes this will facilitate a more efficient and equitable implementation and enforcement of the Town's noise regulations.. ~ 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and, 3 "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council of a proposed text amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, .to Section 12-14-14, Restaurants, Bars, or Similar Uses, Vail Town Code, to delete specific noise regulations, and setting foifh details in regard thereto. " Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section V Phis memorandum, and the evidence and testimony presented, the Planning and Environmental Commission finds: That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers fhe general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals; and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its nafural environment and its established character as a resort and residential community of the highest quality." VII. ATTACHMENT A. Chapter 5-1, Public Nuisances, Vail Town Code (in part) ~ ~. 5 J 5-1-7 E. Permit To Exceed Limits: Applications for a specified permit to exceed noise level designated in this Section may be made to the Town Manager or duly authorized representative. The Town Manager or duly authorized represen- tative may grant the relief as applied .for if he/she finds the following: 1. That additional time is necessary for the applicant to alter or modify such activity or operation to comply with this Section. 2. The activity, operation or noise source will be of temporary duration, and cannot be done in a manner that will comply with subsection A of this Section. 3. That no other reasonable alterna- tive is available to the applicant. 4. That the permit is necessary for the community's cultural, historical or social benefit. The Town Manager may prescribe any conditions or re- ~quirements deemed necessary to minimize adverse, effects upon the community or the surrounding neigh- borhood, including but not limited to specific times or functions of the noise on location of the noise source. Any permit granted by the Towri Manager under this Section shall contain all conditions upon which the .permit has been granted and shall specify a rea- sonable time that the permit shall be effective. F. Exceptions: The maximum permissible noise limits for the times and zones specified in subsection D of this Sec- . tion shall not apply to sound emitted from the following: 5-1-7 1. Any authorized emE~rgency vehicle when responding to an emergency call or acting in time of an Emergency; 2. Activities of a temporary duration permitted by law and for which a li- cense or permit therE~for has been granted by the Town, including but not limited to parades and fireworks dis- plays; 3. Any construction equipment operat- ed upon a residential, commercial, industrial, or public premises during the time period between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M.; provided, however, that the operation of the construction equip- ment during the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M. shall not exceed ninety (90) decibels; 4. Any snowmaking equipment; 5. Any motor vehicles designated for and operated on the public streets, alleys, highways or freeways; 6. The sounds of any lermitted bells or chimes or the amplified reproduc- tions of the sounds of any bells or chimes played between the hours of eight o'clock (8:00) p,.M. to seven o'clock (7:00) P.M., provided that said sounds shall not exceed eighty (80) decibels. G. Motor Vehicle Noise: 1. No person shall operate nor shall the owner permit the operation of any. motor vehicle or combination of motor vehicles at any time or place when such operation exceeds the following noise levels for the category of motor Town of U¢il . 5-1-7 H. Amplified Sounds: 1. Purpose:. The Town Council enacts this legislation for the purpose of se- curing and promoting the public com- fort, safety, and welfare of its citizen- ry. While recognizing that certain uses of sound-amplifying equipment are protected by the constitutional rights of freedom of speech and assembly, the Council nevertheless feels obligat- ed to reasonably regulate the use of sound-amplifying equipment in order to protect the correlative constitutional ,rights of the citizens of this community to privacy and freedom from public nuisance and lout! and unnecessary noise. , 2. Prohibition And Regulation: It shall be' unlawful for any person other than the personnel of law enforcement or governmental agencies to install, use, or operate within the Town a loud- speaker or sound-amplifying equip- ment in a fixed or moveable position or mounted upon any sound truck for the purposes of giving instructions, directions, talks, addresses, lectures, or transmit or project music to any person or assemblage of persons in or upon any public street, alleys, side- walks, park.or place, or public proper- ty, except when installed, used, or operated in compliance with the fol- lowing provisions: a.ln all residential zones, no sound-amplifying equipment shall be installed, operated or used for com- mercial. purposes at any time. b. The operation or use of sound amplifying for noncommercial purpos- es in all residential zones and within one hundred feet (100'} thereof, ex- 5-1-7 cept when used for regularly sched- uled operative functions by any school or for the usual and customary pur- poses of any church is prohibited between the hours of four thirty o'clock (4:30) P.M. and nine o'clock (9:00) A.M. of the following day. c. At the Gerald R. Ford Amphithe- ater located within Gerald R. Ford Park, the operation or us.e of sound= amplifying equipment for commercial purposes is prohibited between the hours of twelve o'clock (12:00) mid- night and eight o'clock (8:00) A.M. of the following day. d. In all other zones, except such portions thereof as may be included within one hundred feet (100') of any residential zone, the operation or use of sound-amplifying equipment for. commercial purposes is prohibited between hours of ten o'clock (10:00) P.M. and eight o'clock (8:00) A.M. of the following day. e. In all other zones, except such portions thereof as may be included within one hundred feet (100') of any residential zone, the operation or use of sound-amplifying equipment for noncommercial purposes is prohibited between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. of the following day. The only sounds permitted shall be either mu- sic, human speech, or both. The sound emanating .from sound- amplifying equipment shall be limited in volume and intensity for the times such sound is permitted by subsection H2 of this Section shall be as set forth in subsection D of this Section. In no event, shall the sound be loud and 799 ' Town of Vail. ORDINANCE NO. 11 SERIES OF 2005 AN ORDINANCE AMENDING SECTION 12-14-14, RESTAURANTS, BARS, AND SIMILAR USES, VAIL TOWN CODE, AND SETTING FOR DETAILS IN REGARD THERETO. W HEREAS, the noise regulations of Section 12-14-14, Restaurants, Bars, and Similar Uses, Vail Town Code, conflict with the noise regulations prescribed by Chapter 5-1, Public Nuisance, Vail Town Code; and, WHEREAS, said conflicts create difficulties in the implementation and enforcement of the noise regulations; and, WHEREAS, the Planning and Environmental Commission of the Town of Vail has held a public hearing on the proposed amendments in accordance with the provisions of the Vail Town Code; and, WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the development objectives of the Town of Vail; and, WHEREAS, the Planning and Environmental Commission of the Town of Vai! has recommended approval of these amendments at its March 28, 2005, public hearing and has submitted its recommendation to the Town Council; and, ' WHEREAS, the Vail Town Council finds that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and, WHEREAS, the Vail Town Council finds that the amendments further the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2,'Purpose, Vail Town Code; and, WHEREAS, the Vail Town Council finds that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhahces its natural environment and its established Ordinance No. 11, Series of 2005 1 character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-14-14, Restaurants, Bars, or Similar Uses, Vail Town Code, shall hereby be amended as followings: (deletions are shown in ~}rte-t"me~g-la) 12-14-74: RESTAURANTS, BARS OR SIMILAR USES: !n districts where restaurants, bars, or similar uses are allowed, they shall be subject to fhe following requirements: A Alnia~ ivanarnfi~rl h~i fhn ~~n~ mov nnI of env fim~ ovnaor! i ifF~i Dwelling units in the same structure or in structures adjoining restaurants, bars, or similar uses shall have the right to privacy and the restaurant, bar, or similar use shall be designed in such a way that view from the use is not directly into adjoining dwelling unit or units. Windows ma~~ be treated with appropriate covering. Section 4. If any part, section, subsection, sentence, clause or phrasE~ of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council. hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. a Section 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed; any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Ordinance No. 11, Series of 2005 2 Section 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 ON FIRST READING this 19th day of April, 2005, and a public hearing for second reading of this Ordinance set for the 17th day of May, 2005, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Lorelei Donaldson, Town Clerk Rodney E. Slifer, Mayor READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2005. ATTEST: Lorelei Donaldson, Town Clerk t Rodney E. Slifer, Mayor Ordinance No. 11, Series of 2005 3