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HomeMy WebLinkAbout2005-06-07 Support Documentation Town Council Evening SessionTOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, JUNE 7, 2005 VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1• ITEM/TOPIC: Citizen Input (10 min.) 2• ITEM/'fOPIC: July 4~' Sponsorship Recognition / Gallegos Corp., Millennium Bank. (5 min.) 3• ITEMITOPIC: Consent Agenda, Approval of minutes from 05.03.05 and 05.17.05. (5 min.) 4. Greg Hall ITEMITOPIC: Construction Update (5 min.) 5. Tom Kassmel ITEM/TOPIC: Westhaven Circle / Greenhill Court, Award of Bid. (15 min.) ACTION REQUESTED OF COUNCIL: Approve supplemental to Capital Street Maintainence Budget and award construction contract to B&B Excavating. BACKGROUND: Westhaven Circle and Greenhill Court streets are currently in poor condition and are in need of repair. The reconstruction of these roads has been bid out for construction in two phases. B&B excavating was the single bidder and has proposed the following prices: Phase I -Westhaven Circle:~$753,000 Phase I & II -Westhaven Circle and Greenhill Ct.: $1,040,000 The project currently has $700,000 budgeted from the 2005 Capital Street Maintenance budget.. Staff is requesting to reallocate dollars from the 2007 Capital Street Maintenance budget to complete this project. . Staff sees three options: O tion 1: Complete Phase I less 500' of road reconstruction and stay within budget. Option 2: Request a budget supplemental in the amount of $100,000 and complete all of Phase I. Option 3: Request a budget supplemental in the amount of $365,000 and complete all of Phase I and Phase II. STAFF RECOMMENDATION: Staff recommends Council reallocates $365,000 from the 2007 Capital Street Maintenance Budget to the 2005 Capital Street Maintenance budget for the purpose of the reconstruction of Westhaven Circle and Greenhill Ct.; and that council award Phases I and II of the construction of Westhaven Circle and Greenhill Court to B&B Construction in the amount of $1,040,000. 6. Matt Gennett ITEMITOPIC: An appeal of the Town of Vail Design Review Board's April 6, 2005, approval of a design review application (DRB05-0102), pursuant to Section 12-3-3, Appeals, Vail Town Code, to allow for a new single-family residence, the "Alfond Residence", located at 1345 Westhaven Circle/Lot 50, Glen Lyon, and setting forth details in regard thereto. The appellant, Patricia O'Neil, has standing to file an appeal as the owner of an immediately adjacent lot to the west, 1385 Westhaven Circle, Lot 51, Glen Lyon. (45 min.) ACTION REQUESTED OF COUNCIL: Overturn, Overturn with Modifications, or Deny a request for an appeal of the Design Review Board's April 6, 2005, Approval of a new single-family residence, DR605-0102, pursuant to Section 12-3-3, Vail Town Code. BACKGROUND RATIONALE: On March 2, 2005, the Design Review Board conducted a conceptual review of the proposed "Alfond Residence" (DRB05-0040), a new single-family residence located at 1345 Vllesthaven Circle/Lot 50, Glen Lyon. The Design Review Board did not have any objections to the applicant's proposal. On April 6, 2005, the Design Review Board approved the proposed "Alfond Residence" (DR605-0102) with no conditions and with a vote of 2-1-0 (Dunning opposed). The appellant was present at the April 6, 2005, Design Review Board hearing and articulated her objections to the project in that forum. On April 21, 2005, the appellant filed her appeal of the April 6, 2005, Design Review Board approval of the proposed Alfond Residence, DR605-0102. On May 17, 2005, the Town Council granted a request for a continuance, pursuant to Section 12-3-3, until the next regularly scheduled Town Council hearing, June 7, 2005. 2 STAFF RECOMMENDATION: Staff recommends that the Town Council upholds the Design Review Board's approval of the proposed "Alfond Residence", DRB05-0102, pursuant to Chapter 12-11, Design Review, Vail Town Code. 7. Judy Camp ITEMITOPIC: Decision on 2005. year-to-date requests for funding. (15 min.) Actiion requested of council: What follows is the criteria Council endorsed at your May 3~d meetings: The Town Council will evaluate the various proposals based on their direct benefit to the entire community of Vail, fulfillment of the Town's mission, and how this contribution will .affect our resort community's future health. The Town Council's mission statement reads: In order to be the premier mountain resort community, we're committed to providing citizens and guests with a superior level of environmentally-sensitive services and an abundance of recreational, educational, and cultural opportunities: GENERAL FUND: A. Betty Ford Alpine Gardens BACKGROUND INFORMATION: Betty Ford Alpine Gardens is requesting funding for Town of Vail's participation in "A Vail Valley Tribute to Betty Ford" to be held on August 7, 2005. This funding will provide a table for 10 at the tribute and will go toward building endowment and supporting current year operations. Additionally you are being asked to consider "naming opportunities" for various elements of the gardens. . STAFF RECOMMENDATION: Historically the town has funded capital, infrastructure improvements and operations. Staff recommends we stick to these types of contributions. Additionally staff recommends requesting the foundation tq name the Town of Vail as the benefactor of the site of the gardens. B. Vail Film Institute BACKGROUND INFORMATION: Current funding is in place, although additional funding to get the staging of the Vail Film Festival Summer Series Pilot Program off the ground for two Mondays in July is needed. STAFF RECOMMENDATION: Because the majority of the funding has been raised through CSE and other groups, staff does not recommend further funding because staff believes this should fall entirely to the CSE. C. Teva Mountain Games BACKGROUND INFORMATION: This is an in-kind request for additional public work services during the June 2005 games that include banner hanging, bleacher pickup and return, installation of "Do Not Enter" sign with a loader, extra trash crew and installation of flags on the International Bridge. STAFF RECOMMENDATION: The applicant recognizes this should have been requested during the regular '05 Council contribution process. Staff has already approved $1500 in kind for previously unidenirifled police back up. Further, this town sponsored event is funded by $60,000 from CSE. Staff recommends funding this in kind request. $4020 in kind staff recommendation. D. Vail Mountain I~escue BACKGROUND INFORMATION: Vail Mountain Rescue will be hosting the VMRG Symposium 2005, June 15 through June 18. An-kind request for bus transportation for participants to and from field events (outside of TOV) has been made. STAFF RECOMMENDATION: Staff believes this would set an inpactful precedent for future conference organizers. Other conferences that kook out of district services pay charter rates and in the case of a Vail specific conference, e.g., Future Business Leaders of America this group paid charter rates for additional in town service. Staff does not recommend funding. TOV -CAPITAL PROJECTS A. Westhaven Circle and Greenhill Court Road Project BACKGROUND INFORMATION: Originally in 2005 Westhaven Circle and Greenhill Court were scheduled for mil and overlay. Then major drainage issues came up. Currently there is a budget of $700K, the estimate from B&B came in at $753K for Phase I, which covers the majority of Westhaven Circle and no contingency. Public Works is asking for $100K to complete Phase I; however, pricing is good from B&B and the last phase up through Greenhill Court will complete the project without road repairs taking. an additional summer. Public Works is requesting $365K to do both phases in 2005, thus taking into consideration the neighborhood. STAFF RECOMMENDATION: Public works is planning on reducing .Capital Street Maintenance .dollars in 2007 by the $365,000 in order to complete this project in 2005. Staff recommends funcling this project in 2005 to complete both phases. 4 B. Cascade Village Metropolitan District (CVMD) BACKGROUND INFORMATION: A request for additional capital improvements for the Cascade Village Skier Bridge ,and the Westhaven Drive Bridge was requested on April 19, 2005, Council work session. At that time additional questions were asked by council and CVMD was asked to return on June 7 with these answers during the mid-cycle review process. Currently the Gore Valley Trail has no easements or maintenance agreements with the town and this was the Public Works Department initial goal when staff contacted CVMD in March of 2003. STAFF RECOMMENDATION: Staff recommends funding this project from RETT. The community benefits and opportunity to partner with another organization who will be primarily subsidizing the improvements, make this a win win situation for both parites. 8. Stan Zemler ITEMITOPIC: Conference Center /Award of contract from Greg Hall Mortenson /Budget Update. (30 min.) ACTION REQUESTED OF COUNCIL: The Conference Center Advisory Committee (Committee) would like to request the following based on the direction received from the Town Council on May 17, 2005: To authorize the Town Manager to execute a contract with Mortenson for predevelopment service as shown in attachment A. Review input from the Committee on ideas to reduce construction costs for the facility. Approve of additional expenditures to execute~the direction provided by the Town Council on May 17`~ to move forward with the current design of the facility. BACKGROUND: After significant public input and Council deliberation, the Vail Town Council directed staff on May 17~' to: Implement option B which involved moving forward with the existing program and design while reducing costs to a reasonable extent possible. This step involves moving forward with the development of the existing design and reviewing it with Town Boards. In addition, Council directed staff to develop ballot language that would not only provide additional revenue for the construction of the facility but also an additional $1.5 million per year over and above annual debt service to pay for operational deficits. Since May 17~' the design team has. further developed the design and identified areas for cost reductions. 9. Nina Timm ITEM/TOPIC: Timber Ridge Affordable Housing Commission (TRAHC) Discussion /Proposed Request for Proposals & Letter of Intent. (20 min.) ACTION REQUESTED OF COUNCIL: Approve or approve with modifications the proposed goals and timeline in the draft Request for Proposals. BACKGROUND RATIONALE: The TRAHC board came to the Vail Town Council on May 17, 2005, to request a loan of $700,000 to cover under-funded operating accounts as well as funds to remediate 44 additional units for lease to Vail Associates. The Town Council agreed to the loan with two conditions:- a master lease for the additional units be signed by Vail Associates and that a Request for Proposals (RFP) be issued for sale or redevelopment of Timber Ridge Village. The TRAHC has secured a commitment from Vail Associates to lease an additional 44 units at Timber Ridge, provided they are remediated for mold. The TRAHC would like to have Town Council review the goals and timeline for the draft Request for Proposals and verify that it meets the expectations o~f Town Council. Staff will return at the next meeting with "parameters" potential developers should consider. 10. Warren Campbell) ITEM/TOPIC: First Reading of Ordinance No. #14, Series of 2005, an ordinance repealing and reenacting Ordinance 24, Series of 2004 establishing Special Development District No. 38, Manor Vail Lodge, and setting forth details in regard thereto. (20 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or dE;ny Ordinance No. #14, Series of 2005. BACKGROUND FI;ATIONALE:. On December 7, 2004, the Town Council at a public hearing approved the second reading of Ordinance 24, Series of 2004 by unanimous vote to establish • Special Development District No. 38, Manor Vail Lodge. The purpose of the new Special Development District is to facilitate the redevelopment of the Manor Vail Lodge, located at 595 Vail Valley Drive. In the time since this approval, a discrepancy was discovered in the lot area of the Manor Vail development site which has rendered many of the zoning statistics reported in Ordinance 24, Series of 2004 inaccurate. In. addition there was a typographical error found .regarding the number of attached accommodation units to be constructed. Ordinance 14, Serves of 2005 corrects these items. STAFF RECOMIVIENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 14, Series of 2005, on first reading. 11. Matt Gennett ITEM/TOPIC: First Reading of Ordinance No. #15, Series of 2005, an ordinance amending Section 12-21-14, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to increase the allowable site coverage on lots with average slopes in excess of thirty percent (30%) from a current maximum of fifteen percent (15%) of the total lot size, to the standard maximum of twenty percent (20%) of the total lot size, and setting forth details in regard thereto. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 15, Series of 2005, on first reading. BACKGROUND RATIONALE: The Planning and Environmental Commission (PEC) held public meetings to consider this request on March 14, 2005, and on April 25, 2005, at which the PEC forwarded a recommendation of approval to the Town Council. A copy of the staff memorandum to the PEC from their April 25, 2005, meeting has been attached for reference. 12. Malcolm Murray ITEMITOPIC: Request to approve of Resolution #9, Series of 2005 that would approve an amendment to the LionsHead Public Facilities Development Plan. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, Approve with modification, or deny the amendment to LionsHead Public Facilities Development Plan. BACKGROUND: The Vail Town Council is being requested to approve Resolution 9, Series of 2005 and with finding that the amendment to LionsHead Public Facilities Development Plan is consistent with the Town of Vail's Comprehensive Plan. The LionsHead Public Facilities Development Plan ("Plan") was prepared by the Vail Reinvestment Authority ("VRA") and adopted by the Vail Town Council of the Town of Vail, pursuant to the provisions of the Urban Renewal Law of the State of Colorado, Article 25 of Title 31, Colorado Revised Statutes on March 16, 2004. At the time of approval, sections 5.1 and 5.2 of the plan were deleted that authorized tax increment financing. However, the Planning and Environmental Commission reviewed and made a favorable recommendation of the Plan with the tax increment provisions in. the Plan. The tax increment provisions were not included in the final approval to avoid unduly limiting the bonding capacity of this financial tool. At this time the Vail Reinvestment Authority would request that sections 5.1 and 5.2 be reinserted into the Plan now that construction has commenced in LionsHead. This amendment to the Plan is considered a substantial modification and triggers compliance with all procedural steps required for original adoption of the Plan. On May 23, 2005, the Planning and Environmental Commission voted 5-1 to forward a finding to the Vail Town Council that the amendment to LionsHead Public Facilities Development Plan conforms to the Vail Comprehensive Plan. 13. Stan Zemler ITEMITOPIC: Town Manager's Report (10 min.) - `05 SUMMER VAIL VALLEY ATHLETE COMMISSION ALLOCATIONS At the May 13th meeting of the above, the following allocations were agreed upon: Michael Janelle $750 Pro Road and Mountain Biking Josiah Midaugh g~1,000 Pro Triathalon Nat Ross $750 ProNVorld Cup Cross Country Mountain Biking Two additional applications were received, but one was received far after the deadline and the second lacked international competitive experience. Thus, neither was funded. Again, this partnership is jointly funded through the Beaver Creek Resort Company, Vail Resorts, the Vail Valley Foundation and the Town of Vail. - INFORMATION BOOTH REQUIREMENT FOR AUDITED FINANCIAL STATEMENT Staff was asked to review whether the current information booth contract w/the Vail Valley Chamber and Tourism Bureau (WCTB) required an audited financial statement. Section II. Administrative Control of Funds, Paragraph C, reads as follows: "The WCTB shall submit to the town, for its review, the WCTB audited financial statement by July 1, 2006. The expense of this audit shall be paid by the; WCTB as an expense of administration." Staff recommends the clause be included in any future contract for this performance of service ensure fiscal accountability of public funds. - JOINT MEETING WITH EAGLE COUNTY COMMISSIONERS A joint meeting w/the Eagle County commissioners (Board of County Commissioners, e.g., BOCC) has been scheduled for Tuesday evening, August 16, at 6:00 P.M. The BOCC meets that afternoon, as well, and requested the meeting occur in the evening. Please be thinking of some potential topic areas of discussion for this joint meeting. - MOUNTAIN RESPONSE 2005 The emergency training exercise has been completed and participant feedback continues to be positive with many saying it was the best exercise .they've ever attended, thanks, in part, to Vail Resorts, which provided the exercise site. The event simulated a building collapse in LionsHead with "victims" trapped beneath the rubble. There were more than 40 agencies involved, including national search and rescue teams from Colorado, Utah and Tennessee. In the past, these elite teams have responded to large-scale incidents such as the World Trade Center disaster and the Oklahoma City bombing. While in Vail, these urban search and rescue teams not only trained as a unit, but also provided hands-on training to our local responders. In addition, the exercise provided an opportunity to test the integration of our local, state and federal incident management plans, the ability to deliver critical information to the public, an opportunity to track the cost of the response, plus important disaster declaration training from the Federal Emergency Management Agency. More than 650 people participated in the exercise, including about 60 volunteers. In addition, the local branch of the Salvation Army arranged to provide a canteen during the four days with assistance from the Red Cross. Police Chief Dwight Henninger served' as Exercise Director and is preparing a full report to Council to be presented in the next month. Please join me in recognizing Chief Henninger and all others involved for their hard work and dedication. - OFFICER AWARDED FOR "SERVICE ABOVE SELF° Code Enforcement Officer Moses Gonzales received the Rotary Club's "Service Above Self' Public Service award on Wednesday June 1, at the Rotary meeting at Manor Vail. Moses was recognized for his excellent service to the Town of Vail as a Code Enforcement Officer with the Police Department and for all of his service to the Valley including the Food Drive, Shop with a Cop program and his service on a number of non-profit boards. 14. ITEM/TOPIC: Adjournment (9:45 p.m.) NOTE UPCOMING MEETING ART TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. TUESDAY, JULY 5, 2005, IN 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 9 MEMORANDUM TO: Vail Town Council FROM: Timber Ridge Affordable Housing Corporation ("TRAHC") DATE: June 7, 2005 SUBJECT: Request for Proposals ("RFP") for Timber Ridge Village I. Introduction The TRAHC board came to the Vail Town Council on May 17, 2005 to request a loan of $700,000 to cover under funded operating accounts as well as funds to remediate 44 additional units for lease to Vail Associates. The Town Council agreed to the loan with two conditions: a master lease for the additional units be signed by Vail Associates and that a RFP be issued for sale or redevelopment of Timber Ridge Village. Attached to this memorandum please find the commitment from Vail Associates to master lease the 44 additional units at $1,100 per unit per month until September 20, 2007. They are also committing to extend their lease term on the 95 units they currently master lease until September 30, 2007. Also attached is a draft RFP for Council's review. II. .The Request for Proposals The TRAHC board has drafted an RFP and would like to confirm that it meets the expectations of Town Council. With this specific direction TRAHC will be at the next Town Council meeting with a final draft of the RFP. That RFP will incorporate parameters that will need to be considered by any proposal. Such as, parking requirements; building heights, design guidelines, compliance with the development ieview process, fee structure, public process, etc. The goal currently stated in the RFP is: "The proposal should maintain either affordable rental or affordable for sale housing on the site. There are currently 600 affordable, employee housing beds in the development. It is a goal to maintain at least this number of affordable, employee housing beds in a redevelopment scenario. Ultimately, the proposal should also result in TRAHC's financial exposure in the property being eliminated or significantly reduced." - Should the goal of maintaining at least 600 deed-restricted, affordable, employee housing beds be made a requirement of the proposal? - Should elimination of TRAHC's financial exposure be a requirement of the proposal? - Are there any other goals? The timeline in the RFP currently shows a submittal requirement of a development team's qualifications that would be due prior to the submittal to the RFP. TRAHC and Town Council would receive these qualification submittals. Based on these submittals certain teams would be requested to respond to the RFP. The entire RFP would be sent out with this additional qualifications request contained within it. The anticipated timeline is as follows: June 7 Town Council reviews goals & timeline of RFP June 21 Town Council signs off on final RFP June 28 RFP is sent out to development community August 10 Mandatory on-site meeting for prospective responders September 8 Responses to the R.FP are due September 15 Responses in Town Council packets September 20 Town Council reviews proposals and selects teams for interviews October 4 Interviews are scheduled with selected development teams October 18 Development teams is selected The goal of the mandatory on-site meetir.~g is to provide prospective developers with greater detail of the Town's developments review process, development standards, and provide them with a more clear understanding of development expectations. III. Going Forward If Town Council is comfortable with the TRAHC's RFP and the commitment from Vail Associates to master lease the additional units at Timber Ridge, TRAHC would like to begin remediating the 44 additional units at Timber Ridge. The TRAHC board believes that delaying the start date of this work could cause delays in delivery of the additional units to Vail Associates. June 2, 2005 Rick Smith Vice President, Human Resources Vail Associates, Inc. PO Box 7 Vail, Colorado 81658 Re: Letter of Intent for Lease of 44 Additional Timber Ridge Units Dear Mr. Smith: This Letter of Intent will confirm the mutual understanding between the Town of Vail (the "Town") and Vail Associates, Inc. ("VA") with regard to VA's intent to lease forty-four (44) additional units at the Timber Ridge Village Apartments ("Timber Ridge") beginning October 1, 2005, subject to the terms and conditions outlined herein (the "44 Unit Lease"). VA currently leases ninety-five (95) Timber Ridge units from the Timber Ridge Affordable Housing Corporation ("TRAHC"), which lease expires September 30, 2006 (the "95 Unit Lease"). As you may be aware, the Timber Ridge Affordable Housing Corporation (the "TRAHC") remediated water condensation damage in ninety-five (95) units at Timber Ridge and has now obtained a loan from the Town to remediate forty-four (44) additional units. This new remediation work (the "Remediation") is being undertaken by the TRAHC with the express understanding that VA intends to lease these forty-four (44) additional units. With respect to the terms of the proposed 44 Unit Lease and conditions precedent to its signature by VA, and relation to the 95 Unit Lease, the Town and VA further agree as follows: 1. The term of the 95 Unit Lease and third addendum thereto at $1,075 per unit per month ends on September 30, 2006. 2. Before October 1, 2005, the Town and VA to negotiate and mutually agree on terms and conditions for the 44 Unit Lease, provided that; (a) the rent for such lease shall be $1,100 per unit per month; (b) the term of such lease shall be October 1, 2005 to September 30, 2006; and (c) such lease shall include a monthly rental pre-payment option provided that the request for such prepayment by TRAHC is upon twenty (20) days prior to notice to VA. 3. VA will sign the 44 Unit Lease only after the Remediation has been completed and VA has received certification from TRAHC's Remediation contractor that the units are suitable for occupancy. Rick Smith June 2, 2005 Page 2 of 2 4. Before October 1, 2006, the Town and VA to negotiate and mutually agree on terms and conditions for a new lease for one hundred thirty-nine (139) Timber Ridge units, provided that; (a) the rent for such lease shall be $1,100 per unit per month; (b) the term of such lease shall be October 1, 2006 to September 30, 2007; (c) such lease shall provide VA with aone-year renewal option; and (d) such lease shall include a monthly rental pre-payment option provided that the request for such prepayment by TRAHC is upon twenty (20) days prior to notice to VA. If you are in agreement with the understanding between TRAHC and VA outlined herein, .please confirm by signing below. If you should have any questions about this Letter of Intent, or anything else relating to VA's existing lease, please do not hesitate to contact me. Sincerely, TIMBER RIDGE VILLAGE APARTMENTS a Colorado of-f r-profit orporation By: ~ -1 Name;: ~~ ~!~ y ~~ ~r~c-~i~ ~-- /~- Title: /Gu/'U `l ~'~' S~1 /_ ~~~~ Date: (% ~ ~ Agreed to: VAIL ASSOCIATES, INC. a CololradoA corporation BY~ W~~ ~ ~ ~'~~~ Name: ~ ~ ~ ~ ~GUv~ ~ JC?.1nSe ~~ Title: ~~~, l11 Cs~ ~~~ c (:~-~~~ Date: ~~~ z t Z,t) b S VAIL ASSOCIATES, INC. a Colorado corporation By: ~'~ur~ 1~1. Name: ~j r- c. r` ~L ~'7Y1.e..1 C ~"~, l Title: ~, ~ . ~.& ~ r~~ ~a~-P Date: ~urt~ ~- ~ 2-~~S DRAFT Request for Proposals Redevelopment of Timber Ridge Village Apartments 1280 North Frontage Road Vail, Colorado June 28, 2005 The Town of Vail is currently experiencing an unprecedented amount of growth and redevelopment in its two main commercial cores (Vail Village and LionsHead). There will be 126,577 square feet of new commercial area and approximately 613 of new hotel rooms when the scheduled construction is finished. It is anticipated that by December of 2008 a majority of the work will be complete and ready for business. For a more complete overview of the redevelopment please visit www.renewvail.com I. HISTORY In 2001, the deed restriction maintaining 198 affordable rental units at Timber Ridge was set to expire. The original deed restriction was for twenty years. The deed restriction was put in place as part of the Special Development District that allowed the development to be built. There is no underlying zoning on the property. The Town entered into an agreement with the then current owner to maintain the deed restriction for one more year. The purpose of this was to allow the Town and the owner to determine if there was a way to maintain the employee housing on the site. The Town Council determined that the only way to insure employee housing at the site was to purchase the property and place a deed restriction on it maintaining 600 beds of affordable rental housing. The then current owner agreed to sell the property to the Town for $20,000,000 if it was done through a friendly condemnation process. The Town began exploring its financing options on the property. It was decided at that time a 63-20 Corporation, commonly used to finance affordable rental developments in the mountains, was not the appropriate financing tool because it limited the number of master leased units to less than 50% of the project. At the time of purchase, over 70% of the project was master leased to local businesses. Knowing that the development was not constructed to last another twenty years, the Town of Vail opted to finance the purchase with variable rate, taxable bonds. This would allow the bonds to be called at anytime and facilitate the redevelopment or sale of the property. With all of the closing costs total debt on the property is $22,295,000.00. The debt is divided into three tiers. The senior debt is $19,025,000.00 and is secured by a letter of credit. There are two significantly smaller pieces of junior debt. :DRAFT PROJECT DESCRIPTION AND GOALS Timber Ridge is located in the Town of Vail at 1280 North Frontage Road. It consists of 198 two-bedroom, one-bathroom apartments in sixteen buildings, on just over ten acres. Construction was completed in 1981 and the property was deed restricted for twenty years to ensure occupancy by local employees. The Town of Vail purchased the property to continue the, use as rental, employee housing. A corporation was created by the Town of Vail called the Timber Ridge Affordable Housing Corporation ("TRAHC") to finance, manage, and own the property. At the time of purchase it was recognized that the property was in need of redevelopment and financing was secured that would allow for redevelopment and/or transfer to anther owner at any time. The existing financing is not assumable by a new owner. At this time the TRAHC board would like to invite qualified developers and/or purchasers to submit proposals to achieve the following goal: The proposal should maintain either affordable rental or affordable for sale housing on the site. There are currently 600 affordable, employee housing beds in the development. It is a goal to maintain at least this number of affordable, employee housing beds in a redevelopment scenario. Ultimately, the proposal should also result in TRAHC's~ financial exposure in the property being eliminated or significantly reduced. The site does not have underlying zoning and is currently in a Special Development District (similar to a Planned Unit Development.) Adjacent properties include a high density residential project to the east and the United States Post Office to the west. Interstate-70 is directly south of the project and a steep hillside is located to north. The property is directly across Interstate-i'0 from a ski lift accessing Vail Mountain. A pedestrian bridge over the Interstate has been recommended to connect the two areas. THE SITE Address: 1280 North Frcntage Road Parcel Number: 210312105008 Legal Description: Lots C1-C5, Lions Ridge Filing #1 Current Zoning: Special Development District #10 No underlying zoning Lot Size: 10.08 Acres Current Conditions: 16 Buildings -two and three stories - 198 two-bedroom, one-bathroom units - Each unit is 744 square feet Recreation E~uilding - 1 t~nro-bedroom manager's unit (1100 square feet) - 17 washers and 17 dryers - 437 square foot recreation room 2 DRAFT - 1150 square foot storage/office space 308 total parking spaces • Of the 198 units only 114 are currently rented due. to mold remediation issues. An additional 44 units will be remediated and rented under a master lease beginning in October, 2005. • 95 of the units are currently master leased by local business at $1075 per unit per. month. This lease continues until October 31, 2006. • The remaining units are leased on an annual basis for an average rate of $1100 per unit per month. • The location of the site is one of the leading factors in the strong demand for housing there. This is the largest rental housing development in the Town of Vail. • .The development currently houses primarily seasonal- employees. A redevelopment proposal should consider a mixture of housing types. IV. SUBMITTAL REQUIREMENTS A. Statement of Qualification: Provide a statement of qualifications which describes the team that would be involved in the purchase and/or redevelopment. This statement should include similar projects, references from related projects, and financial statement(s) which provides a current summary of financial health of the team members. Other specific information shall include: 1. Identify the specific individuals that will be involved in this project 2. State roles of each member and provide organizational chart 3. Highlight strength of team 4. Describe team's expertise as it pertains to the delivery of affordable rental housing and/or mixed-use projects. Emphasize residential construction projects of this scale. 5. Provide examples of previous developments with verifiable contact information. 6. Detailed current financial statement for the company proposing to purchase and/or redevelop the property. 7. Provide examples of rental management experience of the size proposed. 3 DRAFT B. Proposal: Provide a detailed narrative description of the proposal to achieve the above mentioned goals. Describe all proposed uses if the proposal includes redevelopment and the approximate square footage of those uses. 2. Include a proposed detailed financial plan for the execution of your plan. This shall include all assumptions for TRAHC and/or Town of Vail involvement. It shall include specific information on how TRAHC's financial exposure is eliminated or significantly reduced. In addition, this shall include a detailed pro-forma of expenses and revenue for operating the existing facility grid/or redeveloping the property. The pro-forma should include a proposed cash flow model if TRAHC is not made whole at the execution of a :sales or development agreement. 3. Provide a proposed schedule for acquisition and/or redevelopment of the property. This schedule should correspond to a cash flow model submitted. 4. If the proposal conternplates redevelopment of the property, provide a concept plan that includes a site plan, unit mix, and rough floor plans that match the financial plan submitted. 5. Provide a written surrimary of any assumptions for receiving entitlements for the proposed redE~velopment of the property. The Town zoning code is available at www.v,~ilgov.com. The Town's Design Guidelines can be purchased at the Town's Community Development Department located at 75 South Frontage Road in Vail. IV. DEADLINE AND CONTACTS Late submittals will not be accepted. Responses to the RFP must be received by 4:00 PM on Thursday, September 8, 2005. Proposals should be submitted to: Mr. Stan Zemler, President Timber Ridge Affordak>le Housing Corporation 75 South Frontage Road W. Vail, CO 81657 Please include 15 copies of the proposal. (Include one unbound copy, please.) A mandatory site visit will be held on August 10 from 9:00 AM to 12:00 PM. An appointment is not necessary to tour the property at this time. 4 DRAFT The Vail Town Council will be reviewing submittals at their meeting on Tuesday, September 20, 2005. If necessary, interviews will be conducted on Tuesday, October 4, 2005 at the Town of Vail Municipal Building. The interviews will be conducted by the TRAHC Board and the Vail Town Council. If you have questions, please contact Ms. Nina Timm via a-mail at ntimm(a~vailgov.com . jAll questions and answers will be posted at the following website www.XXX.net) V. GENERAL CONDITIONS A. Limitations and Award: This RFP does not commit the Timber Ridge Affordable Housing Corporation and/or the, Town of Vail to award or contract, nor to pay any costs incurred in the preparation and submission of qualifications in anticipation of a contract. The TRAHC and/or the Town of Vail reserves the right to accept or reject all or any submittal received as a result of this request, to negotiate with all qualified sources, or to cancel all or part of the RFP. After a priority listing of the final firms is established, the TRAHC and/or the Town of Vail will negotiate a contract with the first priority firm. If negotiations cannot be successfully completed with the first priority firm, negotiations will be formally terminated and will be initiated with the second most qualified firm and, likewise, with the remaining firms. B. Selection: Initial evaluation will be based upon the qualifications of the applicant. The TRAHC and/or the Town of Vail reserves the right to not interview, and to make final consultant selection based upon the qualification statements and cost estimate. C. Equal Employment Opportunity: The selected consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. VI. ATTACHMENTS - Proximity Map - Special Development District # 10 - Current Site Plan - An overview of existing debt structure 5 Vail Town Council Evening Meeting Minutes Tuesday, May 3, 2005 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council convened at approximately 6:00 p.m. on Tuesday, May 3, 2005. Council Members present: Rod Slifer, Mayor Dick Cleveland, Mayor Pro-Tem Diana Donovan Farrow Hitt Kent Logan Kim Ruotolo Greg Moffet* Staff Members Present: Stan Zemler, Town Manager Pam Brandmeyer, Asst. Town Manager Matt Mire, Town Attorney *Arrived at approximately 7:30 p.m. The first item on the agenda was Citizen Input. There was none. The second item on the agenda was the Vail Youth Awards. Mayor Rod Slifer and Chip Domke, Vail Valley Exchange Administrative Director, introduced the following Vail Youth Award winners. ' Youth Recognition Award: $1,000 College Scholarship - Josie Sutner /Battle Mountain High School - Drew Riley / Vail Mountain School Vail Youth Ambassador Award: Airfare and expenses to Australian Sister City, Mt. Butler - Christina Harrison /Battle Mountain High School - Kyle Moore /Battle Mountain High School The third item on the agenda was Resolution No. #8, Series 2005, A resolution conditionally approving the consolidated service plan for Vail Square Metropolitan District No. #1, No. #2, and Vail Square Metropolitan District No. #3. As was discussed at the Council work session of April 19, 2005, Resolution No. #8 operates to approve the Consolidated Service Plan for three (3) metropolitan districts within the LionsHead core area for the primary purpose of financing public improvements associated with the "Vail Square" redevelopment project. The formation of up to three (3) metro districts was agreed to in the Development Agreement between the town and Vail Resorts for the above-referenced project. The Consolidated Service Plan for the proposed districts provides greater detail on the purpose, intent and operation of the proposed districts and is available for viewing in the Town Clerk's office. The resolution stipulates the resolution is a "conditional" approval because it is conditioned upon an Inter- governmental Agreement (IGA) being executed between the Vail Reinvestment Authority and Vail Square Metropolitan District No. #1 regarding the transfer of incremental tax revenue. Cleveland moved and Hitt seconded a motion to approve the resolution. The motion passed unanimously, 6-0. The fourth item on the agenda was a construction update. Public Works Director Greg Hall announced two weeks into the 2005 construction season, work in Vail Village is progressing well. Hall continued by. reporting sewer work on Gore Creek Drive was slow, while water line replacement on Bridge Street was progressing and a fire hydrant at P3&J was being relocated. The Vail Road gas line was reported to be complete and a water line and storm sewer installation was progressing. Paving of Vail Road was reported to be scheduled for May 23, and major utility work would not occur in the LionsHead Mall until May 15~'. Hitt asked when P3&J would be done. Hall responded most work would be completed by the 4"' of July. Logan inquired 'about the status of the Four Seasons project. Chad Salli, Project Engineer, stated demolition would begin early to late fall. Donovan stated the evergreen trees on the Vail Road .roundabout should remain a priority, and their preservatian should be paramount in the Four Seasons permit approval. Town Engineer Tom Kassmel stated it would be difficult to maintain most of the vegetation. The fifth item on the agenda was the Ford Park Parking Lot Overlay. Chad Salli requested Council authorize the Town Manager to enter into an agreement with B&B Excavating for the overlay of the Ford Park parking lot in the amount not to exceed $69,000. The existing Ford Park parking lot surface is due for a maintenance overlay. Staff received bids for overlaying the existing surface. B8~B Excavating submitted the low bid. Hitt moved with Logan seconding the motion to approve. Donovan asked that boulders be placed on the south side of the parking lot to identify the drop-off. The motion passed unanimously, 6-0. The sixth item on the agenda was the first reading of Ordinance No. #12, Series of 2005 an ordinance repealing and re-enacting Ordinance No. #8, Series of 1995, Cascade Village, amending and re-establishing the approved development plan for the Westhaven Condominiums site located within Area A of SDD No. 4, in accordance with Section 12-9A-10, Vail Town Code, to allow for the construction of thirteen dwelling units Town Planner Matt Gennett announced on February 8 and April 11, 2005, the Planning and Environmental Commission (PEC) held public hearings to consider a request for 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. Upon consideration of the request, the Commission voted 6-0-1 (Viele recused) to forward a recommendation of approval with conditions of the applicant's request to Council. Rick Pylman, representing Pylman and Associates, stated all previous attempts to redevelop the site utilized the existing foundation. Pylrnan stated the project would recognize the transitional nature of the site, maintaining a residential character and scale. All parking associated with the project would be located underground in an on-site parking garage. Pylman also emphasized the project would showcase larger street setbacks than exist with the current foundation, and greater landscape areas. Pylman also explained previously proposed projects utilized the north side of the property as the front door' of the property. The proposed project was designed to create a sense of arrival on the south side of the parcel and improve vehicular and pedestrian access. Thirteen residential units were proposed for the site, with Employee Housing Units (EHU's) being placed off site as a condition of approval. Jim Morter, representing Morter Architects, stated project design was borrowed from the existing architectural character of the neighborhood. Donovan asked staff to highlight changes made to previous proposals for easier understandability. Donovan also clarified all off-site EHU's would occur in Vail. In response to a question from Donovan, Jen Wright, Project Developer, stated he would like to recycle the existing concrete foundation. Kassmel stated no easement existed for the town recreation path on the property and stated an easement consolidation was part of the proposed project. Council expressed concern regarding existing vegetation being displaced by the project. Pylman assured Council all native vegetation that could be saved would be. Donovan asked there be no phasing (separate components) on the project. Wright approved of the stipulation. Ruotolo asked a minimum square footage requirement be placed on all off-site EHU's. In response to a Council inquiry, Forrest stated the definition of an EHU can be sub-divided, although it would require a kitchen. Wright agreed he would accept a minimum square footage requirement for the required EHU's. Ruotolo clarified the condition stated a Temporary Certificate of Occupancy (TCO) would not be, provided prior to ownership of the EHU's. Hitt expressed concern about purchasing EHU's off-site, as the developer would not be adding to the town's employee housing stock. Slifer reported for the record Council received nine letters in support of the project. Hitt stated Council had made no decision on a pay-in-lieu amount for EHU's. Cleveland moved and Logan seconded a motion to approve the ordinance. Due to Moffet's late arrival, Town Attorney Matt Mire instructed him not to vote. The motion passed 6-0. The seventh item on the agenda was the first reading of Ordinance #13, Series of 2005. An ordinance providing a certain amendment to Title 3, Chapter 4, "Design Review Board,n of the Municipal Code of the Town of Vail; Changing the composition of the DRB from five to seven members. Mire reported Council had previously requested an ordinance changing the composition of the DRB from five members to seven members. Forrest reported Community Development staff reviewed the proposal with the Design Review Board (DRB) and provided. the following thoughts and recommendations: 1. Increasing the number of DRB members to seven would increase the time and complexity of the DRB review process. It will be more difficult to come to consensus on issues to be addressed for proposed projects subject to DRB approval. If the primary concern is attendance, staff recommended reasonably enforcing attendance. The Town Council has latitude to remove members having attendance issues. 2. Although the town was very fortunate to find a number of qualified members for the last round of interviews for DRB, this is not always been the case. 3. In considering the above mentioned issues, both the existing DRB and staff recommend not approving Ordinance #13, Series of 2005. Staff would recommend regular attendance reports be provided to Council and if attendance is an issue with individual members, then Council should take appropriate action. 4. If Council chose to approve the ordinance, staff requested authorizing approximately $1,900 in the next supplemental budget to pay for benefits (ski passes, parking passes) and expenses (lunches) associated with two additional board members. Moffet stated he believed seven members would offer more consistency. Moffet moved with Ruotolo seconding a motion to approve. Ruotolo reiterated comments made in previous meetings, encouraging the expansion of the pool of applicants by allowing individuals who work in Vail, although do not reside in Vail, to be appointed to boards. During a pause for public comment, Jim Morter stated the success of the DRB is based on the quality of the board as opposed to the number of board members. The motion passed 43, with Slifer, Logan, Moffet and Rutolo voting in favor, and Hitt, Donovan and Cleveland voting against. The eighth item on the agenda was the second Reading of Ordinance No. #10, Series of 2005, an ordinance approving the Commercial Core Construction Mitigation Sign and Construction Fencing Package which will be implemented by the Town to mitigate the impacts of construction in the commercial cores during redevelopment. Ruotolo moved and Moffet seconded a motion to approve. The motion passed, 7=0. The ninth item on the agenda was the second reading of Ordinance No. #11, Series of 2005, an ordinance amending Section 12-14-14, Restaurants, Bars, and Similar Uses, Vail Town Code. Mire stated on March 28, 2005, the PEC voted 5-0 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. Moffet moved with Logan seconding the motion. The motion passed, 7-0. The tenth item on the agenda was the second reading of Ordinance No. #17, Series of 2004, an ordinance amending Special Development District #4, Cascade Village, to allow for the creation of Development Area E, located at Tract K, Glen Lyon Subdivision On July 12, 2004, the PEC voted. 4-2 i;o forward a recommendation of approval, with conditions, for the proposed amendments to SDD #4, Cascade Village. On August 3, 2004, by a vote of 7-0 the' Council approved the first reading of Ordinance No. #17, Series of 2004, with a condition that the applicant, .Vail Resorts, resolve any issues related to the Protective Covenants of Glen Lyon Subdivision, prior to the second reading of this ordinance. On August 1'7, 2004; October 5, 2004; and January 4, 2005 Council tabled the second reading of the ordinance, to allow the applicant additional time to resolve issues related to the protective covenants. The outstanding protective covenant issues .had not yet been resolved; therefore, Vail Resorts requested the second reading of the ordinance, again be tabled to a future Council meeting. The applicant requested the town table the second reading of the ordinance, to June 21, 2005. Moffet moved to table the item ~ with Logan seconding the motion. The motion passed unanimously, 7-0. Jay Peterson, representing Vail Resorts, stated two meetings have been held with adjacent property owners and a new agreement for lift operation was being negotiated. Peterson did state one homeowner was being particularly difficult to work with. The eleventh item on the agenda was the Town Manager's Report. - Vail America Day's Update (4th of July) Assistant Town Manager Brandmeyer reported on the uncertainty of the exact July 4 parade route and the challenges faced in staging the parade due to construction. She said the town was hoping to attract approximately 50 quality entries into the parade. "We feel by keeping the entries to around 50, the parade will move more continuously through town. "Our goal is to emphasize the after-parade experience in Ford Park with a family-friendly afternoon of continuous entertainment culminating with a live simulcast of the fireworks display with a regional orchestra staged in Ford Park. We are working with 4 the Vail Valley Foundation on use of the Amphitheater as well." Hitt asked why the Amphitheater would be booked on the 4~' of July, when the town traditionally held events there. Slifer recommended all cranes in town be required to display American flags. - Sales Tax Report Town Manager Stan Zemler updated Council on the most recent sales tax revenues. He stated March returns showed a 17.5 percent increase over the same month in 2004, and represented a positive trend for the town. The twelfth item on the agenda was Executive Session: Pursuant to C.R.S. §24-6- 402(4)(a)(e). Re: An Executive Session to discuss the purchase, acquisition, lease, transfer, or sale of property interests and to determine positions, develop a strategy, and to instruct negotiators. Council entered Executive Session. Moffet moved and Logan seconded a motion to enter Executive Session. The motion passed unanimously, 7-0. No decisions were made. The thirteenth item on the agenda was adjournment. The meeting was adjourned at approximately 9:15 p.m. Moffet moved and Ruotolo seconded a motion to adjourn. The motion passed unanimously, 7-0. Respectfully Submitted, Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. Vail Town Council Evening Meeting Minutes Tuesday, May 17, 2005 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council convened at approximately 6:00 p.m. on Tuesday, May 17, 2005. Council Members present: Rod Slifer, Mayor Dick Cleveland, Mayor Pro-Tem' Diana Donovan Farrow Hitt Kent Logan Kim Ruotodo Greg Moffet Staff Members Present: Pam Brandmeyer, Asst. Town Manager Matt Mire, 'Town Attorney *Arrived at approximately 6:50 p.m. The first item on the agenda was Citizen Input.. There was none. The second item on the agenda was the Consent Agenda, approval of 04.5.05 and 04.19.05 Evening Session Minutes. Moffet moved and Ruotolo seconded a motion to approve the minutes without amendmeni:s. The motion passed unanimously, 6-0 The third item on the agenda was a construction update. Public Works Director Greg Hall reported Vail Road utility work was complete with work starting May 25 on East Meadow Drive. Hall then reported consttruction in LionsHead had begun and the clock tower was scheduled to come down May 18. He then announced the Children's Fountain was beginning to be replaced and a new vault for a potential fountain in Seibert Circle was being installed. Hall concluded by stating the Vail Founders Park and Parking Garage project had been delayed due to soil differentiation and Forest Road would be closed for a time beginning May 23 due to utility work. The fourth item on the agenda was the Local Licensing Authority (the "LLA") Appointments. There were three vacancies on the LLA. The town received three applications for the vacancies. Moffet moved to appoint Bill Bishop, Bob Louthan and Kevin Foley to the LLA. Logan seconded the motion. The motion passed unanimously, 6-0. All three members were appointed to two-year terms through May, 2007. All LLA members must be citizens of the United States, qualified electors of the town, and have resided in the town for not less than two years preceding appointment, and shall have no direct financial interest in any license to sell alcoholic beverages or any location having any such license. Duties of the five-member board include review of all Town of Vail liquor license applications. Moffet thanked former LLA member Dave Chapin for eight years of service on the board. Chapin was term limited, subsequently not reapplying for the position, where he'd also served as chair. The fifth item on the an appeal of the Town of Vail Design Review Board's (DRB) approval of a design review application (DR605-0040), pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a new single-family residence, 1345 Westhaven Circle/Lot 50, Glen Lyon, and setting forth details in regard thereto. Town Attorney Matt Mire stated the appellant, Patricia O'Neil, filed a Request for a Continuance of Hearing, to which the owners of Lot 50 did not object. Moffet moved with Hitt seconding for a continuance. The motion passed unanimously 6-0. The sixth item on the agenda was a Conference Center Update and Overview. Community Development Director Russ Forrest reported the purpose of the presentation was to review all components of the conference center project and to seek Council's direction regarding three options: 1) discontinue the project; 2) continue with the current design, but reduce costs where possible while seeking additional revenue with a ballot question in November; or 3) make the project fit within the existing budget. Paul Sajovic representing HVS International, briefly summarized the operations component of the center, answering the following questions: Why build this project? Does Vail have the available beds? And, what do event planners say about the center? He also presented potential operators estimates vs. the HVS business plan. Sajovic stated the center was estimated to contribute 69,000 additional room nights per year; $30 million in additional spending per year; and $1.4 million in additional sales and lodging tax per year. He also stated there was no evidence of a downward trend in the conference industry. Sajovic also stated there were two strong candidates for operators and the Conference Center Oversight Committee (CCOC) was evaluating their Request for Proposal (RFP) submittals in greater detail. Expanding on his statement, it was reported both firms believed they could improve upon the financial operating estimates in the business plan. Curt Fentress, representing Fentress Bradburn, the project designers, stated the firm was 50% complete with design, subsequently displaying visual perspectives. Finance Director Judy Camp introduced Johnathon Heroux, representing Piper Jaffray, town bond counsel. Heroux stated the town was collecting a 1.5 percent lodging tax and half- percent sales tax for the conference center, subsequently generating $3.5 million annually. Heroux stated the bond amortizations. were based on 30 year schedules, common for projects such as the center. Forrest stated if the town began the conference center project today, the financial shortfall would be approximately $6.8 million. During a pause for public comment, Jake VonVelen expressed concern over transportation accessibility design for the facility. Jim Feldhaus, Colorado Mountain Express manager, urged Council to give the center due diligence and not to kill project. Ed O'Brien, representing Vail Valley Medical Center (WMC), asked Council to continue with the project and emphasized the hospital's medical education division and WMC would be a consistent user of the center. In response to a question from Cleveland about estimated group size, O'Brien said between 200 and 300 participants would attend per session. Stan Cope, a member of the Advisory Committee, urged Council to keep the project moving forward. Bob Fritch; Sitzmark Lodge owner, expressed concern over risks of a new convention facility, while Pam Stenmark, Evergreen Lodge manager, urged Council to move forward. Mark Gordon stated he believed the project made sense.. Rob Levine, general manger of the Antlers at Vail, spoke in support of the Conference Center. Joe Staufer and Tom Steinberg opposed the center. John Dossi, representing the Vail Marriot, stated many groups had been and would be turned away due to larger facility requirements. Jim Lamont, representing the Vail Village 2 Homeowners Association, encouraged Council to continue with the process. Bob Louthan stated be believed the CCOC ;>hould provide a specific recommendation. Joel Heath and Alice Leads, spoke in support of the conference center, stating better/larger facilities were needed in Vail. Pete Feistrnann asked if HVS could provide a success rate of their former clients. Sajovic stated HVS has had a solid track record with credible and accurate forecasts. Fentress addressed an earlier question involving access to the center in regard to large volumes of people. "We could facilitate up to 800 people through the front door at a time." Logan thanked all involved in the project and particularly Finance Director Judy Camp for providing financials in an understandable fashion. Logan emphasized he wanted to reduce risk to town taxpayers as much as possible: To accomplish this, the town would be required to increase the current $3.5 million dedicated annually to the center to at least $5 million. Logan added doubling the lodging tax dedicated.to the center would add about $4 to the average room rate in Vail. Moffet asked if estimated revenues included increased sales and occupancy tax revenues created by the conference center. Camp answered, although conservatively, yes. Moffet stressed the importance of quality of life in Vail and how a more robust year- round economy would bolster it. Moffet moved to prepare a ballot measure to increase tax collections, cover interest rate risk and increase deficit coverage to an amount of roughly $1.2 million. Logan seconded the motion. During Council discussion, Hitt stated he thought the project was progressing and Council was paying the issue due diligence. "I believe if we move forward we will make it work." Cleveland expressed concern over sunset provisions included in the origiinal (2002) conference center ballot initiative. Ruotolo expressed concern for smaller hotels as an increased lodging tax might~be a detriment, or not commensurate to the benefit. Donovan stated Kent Logan had almost convinced her but many of her earlier concerns had been validated in the presentation. She then emphasized town staff needs to focus on other issues impacting the town. Slifer said he initially supported possibly reducing the size of the conference center and stated the CCOC had been blind-sided in the past six weeks about actual costs. Council then voted to prepare a ballot measure for the November election to cover: construction; interest rate risks; and appropriate operating expenses. The motion passed 6-1, Donovan dissenting. The seventh item on the agenda was the second reading of Ordinance No. #12, Series of 2005, an ordinance repealing and re-enacting Ordinance No. #8, Series of 1995, Cascade. Village; amending and re-estalblishing the approved development plan for the Westhaven Condominiums site located within Area A of special development district (SDD) No. #4, in accordance with Section 12-9A-10, Vail Town Code, to allow for the construction of thirteen dwelling units. Town Planner Matt Gennett reported on February 8 and April 11, 2005, the PEC held public hearings to consider a request for a major amendment to a SDD pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to SDD 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. Upon consideration of the request, the Commission voted 6-0-1 (Viele recused) to forward a recommendation of approval with conditions of the applicant's request to continue. Gennett reviewed modifications requested by Council during the May 3 meeting. Moffet questioned language regarding the size; of employee housing as he had missed the discussion on May 3. Ruotolo stated the Vail Local Housing Authority (VLHA) recommended use of the language "per employee to be housed," as opposed to the terms beds or units. Donovan questioned the matter as it would not encourage employee units and might lead to more (larger) housing for fewer people. Forrest clarified there would need to be at least one employee in each dwelling unit. Town Attorney Matt Mire qualified the Recreation Amenities Tax language should be struck from the ordinance. Hall answered questions regarding the relocation of the existing bike .path and subsequent re-vegetation of the area. Representing the applicant, Rick Pylman stated Council's recommendations would be adhered to. In a response to Council questions, Jen Wright, the applicant, argued additional sidewalk construction on the southwest portion of the property should fall in the realm of the existing metropolitan district. Ruotolo moved to approve the motion. Moffet seconded an amended motion to approve. The motion passed unanimously, 7-0. The eighth item on the agenda was the second reading of Ordinance #13, Series of 2005. An ordinance providing certain amendments to Title 3, Chapter 4, "DRB," of the Municipal code of the Town of Vail; changing the composition of the DRB from five to seven members. Council requested an ordinance that would change the composition of the DRB from five members to seven members. Mire stated the ordinance spoke for itself and passed narrowly on first reading. Forrest reiterated concern expressed at the May 3 meeting, and stated a supplemental budget for meals and benefits would need to be submitted. Ruotolo moved and Hitt seconded a motion to approve. Donovan stated she believed a seven member board would be too large to effectively address such matters as encountered by the DRB. "Council should focus on removing applicants who are not attending meetings or performing." During a pause for public comment, Jim Morter suggested individuals who work in Vail, but do not live in the town, be allowed to participate on town boards. The motion failed, 3-4, with Moffet, Cleveland, Donovan, and Slifer opposed. The ninth item on the agenda was a funding request from Timber Ridge Affordable Housing Corporation (TRAHC). Speaking as the president of the TRAHC Board, Stan Zemler, Town Manager, reported with only 114 units available for rent and increasing interesf rates, the TRAHC board had developed a plan to remediate up to 44 additional units and identified a potential master lessee for those units. The cost to remediate those units would be approximately $370,000. He also stated an additional $330,000 was required for 2005 expenditures that could not be covered by rental from the 114 units occupied at the time. Following remediation of the additional units, annual rental income would increase by approximately $500,000, which the TRAHC board believed would be sufficient to cover annual obligations. Zemler then asked Council to consider making a loan of $700,000 to TRAHC for the purpose of remediating additional units and funding 2005 cash flow requirements. The proposed loan would carry the same terms and conditions as the town's current loan to TRAHC - 1.5% annual interest; maturity date December 1, 2032; repayable from project revenues; subordinate to 2003A and 20036 bonds; no penalty for early repayment. Logan asked Judy Camp to summarize the financial condition of TRAHC, and in the absence of the loan, how the requirements and deficits would be financed. Camp verified the corporation would be bankrupt. Speaking as the town's attorney, not the TRAHC attorney, Mire stated approving the loan would be the most fiscally responsible way to proceed. Logan asked for the board to return with a viable operating plan. Zemler stated progress would be made by the middle of June. Answering Logan, Zemler stated the TRAHC board could have an operating request for proposals (RFP) for redevelopment of the property in 30 days. Logan moved to make the loan to TRAHC for remediation and cash flow requirements. Moffett seconded. The motion passed 7-0. The tenth item on the agenda was the Town Manager's Report. 4 - Seibert Circle Update Zemler announced artist Jesus Moroles would return to Vail in July to evaluate relocation possibilities for his sculpture pieces, which have been removed from Seibert Circle to accommodate a new feature. Although the artist was disappointed the town hired focal contractors to remove the sculpture, Moroles had notified the town he would work with Art in Public Places (AIPP) to relocate the granite amphitheatre. Zemler then said AIPP had established a committee to examine potential sites and set project parameters for the relocation. The eleventh item on the agenda was. adjournment. The meeting was adjourned at approximately 9:55 p.m. Moffet moved, and Logan seconded a motion to adjourn. The motion passed, 7-0. Respectfully Submitted, Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. ITEM/TOPIC: Westhaven Circle / Greenhill Ct. Reconstruction ACTION REQUESTED OF COUNCIL: Approve supplemental to Capital Street Maintainence Budget and award construction contract to B&B Excavating. BACKGROUND: Westhaven Circle and Greenhill court are currently two of the worst condition. roads in the Town of Vail based on a Pavement Condition Survey completed in Fall of 2001. The ratings on these roads are 51 and 53, respectively out of a possible 100. The roads were originally constructed with marginal varying pavement sections, with portions having as little as 2" HMA (asphalt) on 4" of base course (gravel), where the town minimum is 3" HMA on 6" base course. A chip seal was laid 10 years ago and numerous large and small asphalt patches have been applied ever since to try and hold the road together until it could be scheduled to be reconstructed as part of a neighborhood reconstruction project. These neighborhood projects have been put on hold in order to place all available construction dollars into the numerous streetscape projects. Since neighborhood street reconstruction projects are on hold until 2009, and that the public works department realized these particular roads would not last that long, the 2005 Capital Street Maintenance budget anticipated completing a 2" asphalt mill and overlay on Westhaven Circle and Greenhill court, with minor patching and drainage improvements, budgeted at $400,000. In the Fall of 2004 a drainage study was completed for these two roads. As a result, the need for major drainage improvements was identified. These improvements were going to be costly and would require the reconstruction of large portions of the existing roadway. The cost to spot reconstruct portions of the roadway, complete the necessary drainage improvements, and also complete the 2" mill and asphalt overlay, was estimated at$700,000. In light of the known poor subsurface condition this work would have been an expensive `Band-Aid' solution that would need full reconstruction in the near future, thus it warranted investigation on costs for total reconstruction. In .the Spring of 2005 preliminary full reconstruction design was completed and the preliminary. construction cost estimate came in at $1.2 million. Concurrently additional capital street maintenance dollars, in the amount of $300,000, were reallocated to the potential Westhaven/Greenhill Court reconstruction project. This was a result of discussions with CDOT and forgoing the planned West Vail roundabout overlay, which will now be completely funded by CDOT in 2007. Now with $700,000 in the Westhaven/Greenhill Ct. project budget, staff moved forward with final design and bidding the complete reconstruction as a two phase project. B&B was the only bidder and came in with the following prices: Phase I -Westhaven Circle: $753,000 Phase I & II -Westhaven Circle and Greenhill Ct.: $1,040,000 Staff sees three options (see attached map): O tion 1: Complete Phase I less 500' of road reconstruction and stay within budget. Option 2: Request a budget supplemental in the amount of $100,000 and complete all of Phase I. Option 3: Request a budget supplemental in the amount of $365,000 and complete all of Phase I and Phase II. It is staff's opinion that Option 3, if funded, would be the best option for all involved. This would limit disruption to the neighborhood to one summer of construction. This also takes advantage of the excellent pricing B&B has proposed to the Town. The unit prices proposed are representative of unit prices we received 4 years ago when we reconstructed Westhaven Drive. It is our opinion that because the majority of this construction falls in between the Spring and Fall streetscape construction B&B was able to propose very competitive pricing. It should also be noted that pricing will increase in the future as a result of the closest gravel pit in the area (B&B in Edwards) will be moving down valley in the future, thus undoubtedly increasing unit prices. Option 2 will allow construction on Westhaven Circle to be limited to one summer though follow up construction in that area will be required when Greenhill Ct is budgeted in the future. Option 1 will be within budget however it will require a second construction season for the remainder of Westhaven Circle and Greenhill Ct. The funding for this request can be reallocated from the 2007 Capital Street Maintenance budget which is currently budgeted at $1,032,000. STAFF RECOMMENDATION: Staff recommends that council reallocates $365,000 from the 2007 Capital Street Maintenance Budget to the 2005 Capital Street Maintenance budget for the purpose of the reconstruction of Westhaven Circle and Greenhill Ct.; and that council awards Phases I and II of the construction of Westhaven Circle and Greenhill Court to B&B Construction in the amount of $1,040,000. ~~ `~~ 0 i / i ,d' ~ ~~ w O ~~o 0 i%~~ ~ cJ % o ° ~~ ~ U ~~~ 0 ~~~ ~~ ~~h .~ y r, ~' „-Q~ ~o ~~~~ QQ ~j GJ ~~ ~. ~/~ / /.i'~j~ Y~ r ti ~l _ n n N~TFf ~f r~~N i ~c~n~n,~ ~r i~c;ti3 r~ MEMORANDUM TO: Vail Town Council FROM: Conference Center Advisory Committee & Town Staff DATE: June 7, 2005 SUBJECT: Conference Center Update and Decision on Next Steps Staff: Russell Forrest 1. PURPOSE The Conference Center Advisory. Committee (Committee) would like to request the following based on the direction received from the Town Council on May 17, 2005: To authorize the Town Manager to execute an agreement with Mortenson for predevelopment service as shown in attachment A. Review input from the Committee on ideas to reduce construction costs for the facility. Approve of additional expenditures to execute the direction provided by the Town Council on May 17th to move forward with the current design of the facility. 2. BACKGROUND. On April 20, 2004, the Vail Town Council authorized a series of next steps which included interviewing owner's representative firms for the Conference Center. On April 29,.2004, the Committee met to interview five owner's representative firms. On May 18, 2004, the Vail Town Council authorized the Town Manager to execute a contract with Architectural Resource Consultants, Inc. to be the Town's owner's representative and funding for the first phase of this contractor $8,510. The Vail Town Council also authorized the Committee to negotiate with both Piper Jaffray and Kirtpatrick Pettis to be the Town's investment banker on this project. On June 1, 2004, the Vail Town Council voted to approve the following requests from the Committee: Authorization to engage Piper Jaffray as the Town's investment banker for the Conference Center; Authorization to issue a request for qualifications (RFQ) for design team assistance on the Conference Center; Request to move forward with a negotiated guaranteed maximum price (GMP) process for engaging a design team and a general contractor (as opposed to a design build process). This essentially means that both the architect and general contractor will work for the Town of Vail; M Request for the Vail Town Council to approve the next phase of an owner's representative contract. The preconstruction phase of the contract would cost up to $155,774. However, the Committee is only requesting $93,212 (includes fees and reimbursables) to fund this function until a decision is made by the Vail Town Council to issue bonds which is anticipated in the November/December 2004 time frame. On June 15, 2004, the Vail Town Council reviewed and approved the following next steps: • Approval of the proposed process for engaging the public in the design team selection process; • Selection criteria for request for proposals; • Consideration of proposed process givens; • Review of updated project budget and interrelated parking costs; and • Consideration and review of the major points of the proposed scope of service request for proposals for design services (to be given to the top 3-4 teams selected in the qualification competition). On July 6, 2004, the .Vail Town Council reviewed and approved the following next steps: • Review the recommendation from the Committee on short-listing the design team candidates and to issue the Request for Proposals (RFP) to the six recommended design teams; • Review and approve suggested changes. to the design team selection process from the Committee; and • Request permission to issue an I~FP for a surveyor to survey the Lionshead parking structure site and surrounding area. On July 20, 2004, the Vail Town Council unanimously approved the following:, • A contract for design services with Fentress Bradburn; and • Approval of next steps for master planning the Lionshead parking structure/Conference Center site. On September 21, 2004, the Vail Town Council, the Committee, Design Review Board (DRB) and Planning and Environmental Commission (PEC) reviewed five alternative site plans. In addition, the public reviewed the same alternatives on September 22, 2004. The near unanimous opinion from the various groups that reviewed the site plans was that alternative three is the preferred choice. On October 19, 2004, the Vail Town Council met and reviewed an update on architectural images for the Conference Center and authorized the Committee to move forward with public discussions regarding the alternative styles. The Committee met on October 21, 2.004, and reviewed the qualifications submitted by six general contractors. After reviewing the qualifications, the Committee recommended to the Vail Town Council that three general contractors receive requests for proposals (RFP). Those general contractors include: 1 ^ Hansel Phelps Construction ^ Hunt Construction Group/Hyder Construction ^ M.A Mortenson Company On November 2, 2004, the Vail Town Council approved a motion to forward the above mentioned contractors RFPs. The design team of Fentress Bradburn developed three alternative architectural approaches. These images were not the elevations of the proposed Conference Center but rather provided alternative visions or inspirations that could be considered for the Conference Center. The three styles include: 1. Bavarian/Traditional Vail style 2. Contemporary 3. Natural/Environmentally inspired style The Committee reviewed the public input associated with the three design alternatives on November 18, 2004. After reviewing the public input and the associated costs with each design option, the Committee forwarded a recommendation for the "Architectural Vision Inspired by Nature." The Committee felt that this would create an outstanding architectural structure. The materials as envisioned by the design team would utilize "mountain" materials such as heavy stone and timbers. The roof element would be more iconic but is intended to reflect the form of the surrounding mountains. It should also be noted that one member of the Committee, although not present on November 18, 2004, preferred the Traditional Vail Vernacular look. On December 7, 2004, the Vail Town Council voted 6-1 to direct the Conference Center design team to move forward with a "natural/environmentally inspired" design style. The Committee met on December 14, 2004, and voted to recommend that the Towr of Vail purchase (using Conference Center funds) the water and sewer taps for the charter bus lot site. On December 21, 2004 the Vail Town Council authorized that the Town purchase tap fees with the condition that the Eagle River Water and Sanitation District (District) provide a letter confirming that a tap fee could be used on the same site for a different use in the future and that the taps could be moved to another Town of Vail owned land. The District did provide a letter confirming this. issue referencing the District's policies for doing tap transfers. The final cost of the tap fee was $297,896. On January 18, 2005, the Vail Town Council voted to continue to move in the direction of the "natural" design. The Vail Town Council did express concern about the roof of the facility. They furthermore asked that the design team develop alternative ideas for the roof of the facility. On March 15, 2005, the Vail Town Council received an update on the operational plan, design, and capital budget for the Conference Center. The Committee also forwarded a recommendation to the Vail Town Council to issue an RFP for operations, management, and marketing. In addition, the Committee recommended forwarding the design to the general contractors for pricing. The Vail Town Council approved both recommendations. On March 17, 2005 the Vail Town Cc-uncil received a comprehensive update on the critical elements of the conference center. In addition, they considered three basis alternatives for the conference center. These alternatives included: Option A: Discontinue all work anti expenditures on the project: If the Vail Town Council is fundamentally uncomfortable with the risks associated with the project, then discontinuing all work on the project is a viable alternative. A future discussion would then be required regarding the disposition of existing funds collected for the Conference Center and how the dedicated lodging and sales tax for the Conference Center is addressed. Option B: Implement the existing (program and obtain additional revenue to pay for the budget overage. The current project design can not be built with the funds available today and budget parameters that liimit debt service at $2.7 million per year. Option B involves bringing balllot language forward to the Council in August of 2005 and keeping the samE~ basic design Option C: Reduce the Cost of the Facility and work within the existing revenue budget for the project. This option involves reducing the cost of the existing facility by cutting the size and scope of the facility. Staff recommends not cutting the facility to below 32,000 sq. feet meeting space based on the HVS study. After significant public input and Council deliberation, the Vail Town Council directed staff to: Implement option B which involved moving forward with the existing program while reducing costs to the reasonable extent possible. This step involves moving forward with the existing design and reviewing it with Town Boards. In addition, Council directed staff to develop ballot language that would not only provide additional revenue for the construction of the facility but also an additional $1.5 milllion per year over and above annual debt service to pay for operational deficits. 4. ACTION REQUESTED OF TFIE TOVVN COUNCIL Based on the direction from the Vail Town Council on May 17th, staff and the Committee would request the following actions: Mortenson Contract Via a motion direct the Town ManagE;r to execute the attached agreement with M. A. Mortenson Company (MAM) for preconstruction services. The Committee is requesting the Town Council authori~:e MAM to proceed with construction cost escalation research, strategies and management, design assist services, and cost trending monitoring for a monthly fee of $9,000/month. Staff would recommend that these services be funded for the period between May and November of 2005, and costs be capped at $54,000. Value Engineering The Conference Center Advisory Committee and staff met with the project team and after consideration of life cycle cost impacts, quality of the building, and the mission of the project, recommend the following value engineering (numbers approximate): $1,400,000 Project Team recommendations to Committee & Staff (changes not affecting exterior\interior finishes, or operating costs of the building) 250,000 Waterfall feature removed 512,000 Change ceiling in ballroom from wood to ACT 220,000 Change concrete retaining walls to block walls $2,382,000 Total Proiect Budget Approval The 2005 Budget assumed bonds would be sold in April/May of 2005; after that decision, funds would be allocated to continue the design process. Based on direction from the Vail Town Council on May 17th to move forward with: • design, • begin the review process by the Town Boards, • get more certainty on construction cost escalation, the total potential expenditures in 2005 is projected to be approximately $1.8 million. This would provide for design services, preconstruction services from Mortenson, and Owners Representative services through the end of the year. By November of 2005, the design would be nearing completion of construction drawings. The Town would be poised to issue a notice to proceed immediately after an election if the result was to move forward with the conference facility and thereby avoid further marketplace risk. Staff would request that an additional $1.8 million be authorized via a motion to be spent in 2005 for the conference center. These expenditures fall within the current soft costs for the project. This appropriation would be reflected in the August supplemental budget. ATTACHMENTS: A. Mortenson Agreement F:lcdev\COUNCIL\MEMOS\05\conference center060705.doc May 27, 2005 Mr. Mike Harms General Manager M. A. Mortenson Company 1621 18~' Street Suite 400 Denver, CO 80202 Dear Mike: Congratulations, the Town of Vail Town Council has approved the expenditures defined below for preconsturction services for the Town of Vail Conference Center. Via transmission of this letter, the Town of Vail (ToV) and Architectural Resource Consultants, Inc. (ARC) are providing M. A. Mortenson Company (MAM) with formal Notice to Proceed for the scope of work defined below: 1. Preconstruction services including the following: 54 000 a. Construction cost escalation research, strategies and management b. Design assist services, c. Cost trending monitoring Fees will be billed at $9,000/month for a period from May 1 Sc to October 31st, 2005. Authorization of the above. scope of work is contingent upon the following: Copies. of Workman's Compensation, General Liability Insurance and Professional Liability Insurance certificates in ACCORD format naming ToV, ARC, and Fentress Bradburn Associates, Ltd. (FBA) as additionally insured with limits mutually acceptable to ToV, ARC and MAM no later than 10 JUN 05. 2. MAM, ToV, and ARC mutually agree on a final contract contract not later than 20 JUN 05. We look forward to working with you on this exciting project. Sincerely, Stan Zemler Town Manager Cc: Project Team TEAMWORK DIVIDES 7HE EFFORT AND MJLTIPLIES THE EFFECT... A~Chll@CtU~81 R2SOUfC@ COf1SUl[BfItS, InC MEMORANDUM TO: Town Council FROM: Community Development Department DATE: June 7, 2005 SUBJECT: First Reading of Ordinance No. 14, Series of 2005, an ordinance repealing and reenacting Ordinance 24, Series of 2004 establishing Special Development District No. 38, Manor Vail Lodge, and setting forth details in regard thereto. On December 7, 2004, the Town Council at a public hearing approved the second reading of Ordinance 24, Series of 2004 by unanimous vote to establish Special Development District No. 38, Manor Vail Lodge. The purpose of the new Special Development District is to facilitate the redevelopment of the Manor Vail Lodge, located at 595 Vail Valley Drive. In the time since this approval, a discrepancy was discovered in the lot area of the Manor Vail development site which has rendered many of the zoning statistics reported in Ordinance 24, Series of 2004 inaccurate. In addition, there was a typographical error found regarding the number of attached accommodation units to be constructed. Ordinance 14, Series of 2005 corrects these items. Attached to this memorandum is a copy of Ordinance 14, Series of 2005. .Text that is str+c-l~er~ is being deleted and the text that is shaded is being added. The Town Council can vote to approve, approve with modifications, or deny Ordinance No. 14, Series of 2005. The Community Development Department recommends that the Vail Town Council approves Ordinance No. 14, Series of 2005, on first reading. ORDINANCE NO. 14 Series of 2005 AN ORDINANCE REPEALING AND REENACTING ORDINANCE 24, SERIES OF 2004; AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 38, MANOR VAIL LODGE, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING TITLE, TOWN CODE OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Title 12, Zoning Title, Chapter 9, Article A, Special Development (SDD) District, Town Code of Vail establishes a procedure for establishing special development districts; and WHEREAS, Manor Vaii Lodge has submitted an application to the Town of Vail Community Development Department to establish Special Development District No. 38, Manor Vail Lodge, to facilitate the redevelopment o1~ an existing lodge; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on September 13, 2004, on the application to establish Special Development District No. 38, Manor Vail Lodge, in accordance with the provisions of the Town Code of Vail; and WHEREAS, upon due consideration, the Planning and Environmental Commission of the Town of Vail finds that the request complies with the design criteria prescribed in the Title 12, Zoning Regulations, Vail Town Code, and furthers the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has forwarded a recommendation of approval by a vote of 6-0 (Gunion recused) of this request to the Vail Town Council; and WHEREAS, the Vail Town Council finds that that the request to establish Special Ordinance No. 14, Series 2005 Development District No. 38, Manor Vail Lodge, complies with the design criteria prescribed in the Title 12, Zoning Title, Town Code of Vail; and provides a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt Ordinance No. 24, Series of 2004, and establish a new special development district in the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance 24, Series of 2004 is hereby repealed and reenacted to read as follows: [Note: Text that is s#ic~e~ is being deleted and text that is shaded is being added.] Section 1. District Established Special Development District No. 38, Manor Vail Lodge, is established for development on one parcel of land, legally described as Lots A, Manor Vail Subdivision, which comprise a total of "~~o-~:T 236,68'i square feet (5.43 acres) in the Vail Village area of the Town of Vail. Said parcels may be referred to as "SDD No. 38". Special Development District No 38 shall be reflected as such on the Official Zoning Map of the Town of Vail.. The underlying zoning for Special Development District No. 38, Manor Vail Lodge, shall be High Density Multiple-Family (HDMF) District. Section 2. Special Development District No. 38, Manor Vail Lodge, Approved Development Plan An approved development plan is the principal document in guiding the development, uses and activities of a special development district. The Vail Town Council finds that the Approved Development Plan for Special Development District No. 38, Manor Vail Lodge, complies with each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Ordinance No. 14, Series 2005 2 Town Code of Vail. The Approved Development Plan for Special Development District No. 38, Manor Vail Lodge, shat! be comprised of materials submitted in accordance with Section 12-9A-5 of the Town Code of Vail and those plans prepared by Zehren and Associates, entitled "Manor Vail Condominiums, Studio, and Manor House Addition/Renovation", dated October '19, 2004. Section 3. Development Standarrds In conjunction with the Approved Development Plan described in Section 2 herein, the following development standards are hereby approved by the Vail Town Council. These standards are incorporated in the Approved Development Plan to protect the integrity of the development of Special Development District No. 38, Manor Vail Lodge. The development standards for Special Development District No. 38, Manor Vail Lodge are described below: A. Permitted, Conditional„ and Accessory Uses: The permitted, conditional, and accessory uses allowed in Special Development District No. 38, Manor Vail Lodge, shall be those uses listed in Sections 12-6H-2, 12-6Fi- 3, and 12-6H-4 of the Mown Code of Vail, as may be amended. B. Lot Area: The minimumm lot area for Special Development District No. 38, Manor Vail Lodge, shall be ''~~~~4 ~:~~,~C~1 square feet (5.43 acres). C. Setbacks: The minimum setbacks for Special Development District No. 38, Manor Vail Lodge, shall be as indicated on the Manor Vail Lodge Approved Development Plan, described in Section 2 herein. D. Height: The maximurri allowable building height for Special Development District No.'38, Manor Vail Lodge shall be fifty-seven and four tenths (57.4'), and as indicatE;d on the Manor Vail Lodge Approved Development Ordinance No. 14, Series 2005 3 Plan, described in Section 2 herein. E. Density Control: The maximum allowable Gross Residential Floor Area (GRFA) for Special Development District No. 38, Manor Vail Lodge, shall be 164,321 square feet and the maximum allowable density shall be one hundred fort 140 dwellin units, sevei~t~~;n i 7 attached accommodation units, and one (1) Type III Employee Housing Unit, and as indicated on the Manor Vail Lodge Approved Development Plan, dated October 19, 2004. Said Gross Residential Floor Area (GRFA) shall be allocated as follows: • Dwelling Unit (140) - 164,321.0 square feet • Type III Employee Housing Unit (1) - 615.0 square feet Total 164,936.0 square feet F. Site Coverage: The maximum allowable site coverage shall be forty and six tenths percent (40.6%) or 944 96,096 square feet of the total lot area, and as indicated on the Manor Vail Lodge Approved Development Plan, described in Section 2 herein. G. Landscaping and Site Development: At least forty and a-4~#.six tenths percent (40.6%) or 95;979 square feet of the total lot area shall be landscaped. In no instance shall the hardscaped areas of the development site exceed twenty percent (20%) of the minimum landscaped area. The landscaping and site development shall be as indicated on the Manor Vail Lodge Approved Development Plan, described in Section 2 herein. H. Parking and Loading: The minimum number of off-street parking spaces Ordinance No. 14, Series 2005 4 shall be two hundred ~+f ~if~~~~~e (~54 ;~~1) of which thirty-two (32) will be include in a private parking club and the minimum number of loading and delivery bays shall be two (2), and as indicated on the Manor Vail Lodge Approved C>evelopment Plan, described in Section 2 herein. Section 4. Conditions of Approval The Applicant and Developer, agrees to comply to the following conditions of approval, which shall be part of the Town's approval of the establishment of Special Development District No. 38, Manor Vail Lodge: Prior to Second Reading of OrdinancE: 1. That the developer meets with the Town staff and prepares a memorandum of understanding outlining the responsibilities and requirements of the required off-site improvements, prior to second reading of the ordinance approving the establishment of Special Development District No 38, Manor Vail Lodge. This memorandum of understanding shall include, but not be limited to, all streetscape improvements along Vail Valley Drive and Hanson Ranch Road, details for the improvement of Mill Creek, and details for funding) and establishment of a Town of Vail streetscape Master Plan for Gore Creek Derive east of Vail Valley Drive and Chalet Road. The Developer Improvement Agreement shall be signed by all parties prior to issuance of a building permit. Prior to Final DRB Review 2. That the developer submits a final exterior building materials list, typical wall section, architectural specifications, arnd acomplete color rendering for review and approval of the Design Review Board, prior to submittal of an application for a building permit. 3. That the developer submits a rooftop mechanical equipment plan for review and approval by the Design Revie~rr Board prior to the issuance of a building permit. All rooftop mechanical equipment) shall be incorporated into the overall design of the Ordinance No. 14, Series 2005 cJ lodge and enclosed and visually screened from public view. Prior to Submitting for a Building Permit 4. That the developer shall provide detailed civil plans, profiles, details, limits of disturbance and construction fence for review and civil approval by the Department of Public Works, prior to submittal of a building permit. 5. That the developer addresses the written final comments of the Town of Vail Public Works Department outlined in the memorandum from the Town of Vail Public Works Department, dated September 2, 2004, prior to submitting an application to the Town of Vail Community Department for the issuance of a building permit for this project. 6. That the approval of the conditional use permits is not valid unless an ordinance approving the associated special development district amendment request is approved on second reading. 7. That the developer shall be assessed an impact fee of $5,000 for the net increase in p.m. traffic generation as determined by the Town of Vail Public.Works Department, as addressed in Attachment E of the September 13, 2004, memorandum. The applicant acknowledges and agrees that the Manor Vail Lodge Redevelopment will generate seventeen (17) additional peak trips and agrees to pay the Town a Traffic Impact Fee of $5,000 per peak generated trip, for a total of $85,000. The applicants further acknowledge and agree that the payment by East West to the Town of the entire amount of the Traffic Impact Fee ($85,000) shall be a condition to the issuance of a building permit for the Manor Vail Redevelopment. This fee shall be used to pay for public traffic improvements on the South Frontage Road, Vail Valley Drive, Chalet Road, and East Gore Creek Drive as deemed necessary to alleviate traffic.impacts. 8. The applicant agrees to contribute $100,000 to the construction of streetscape improvement along Gore Creek Drive and Chalet Road. The Town and the applicant Ordinance No. 14, Series 2005 6 r agree that the $100,000 contribution shall be deposited in an escrow account with instructions to restrict use of these funds to the streetscape improvement project in the above-referenced locations. Escrow instructions will also dictate that any portion of the $100,000 remaining in the account the day after the 10-year anniversary of the initial contribution shall be refuinded to the applicant. The Parties acknowledge that the Town will be responsible for leading and coordinating all aspects of the streetscape improvement project and that the applicant's role in the streetscape project is strictly limited to the contributions outlined above. The Town acknowledges that the streetscape improvement plan must be reviewed by the neighboring homeowners associations and that the Town will reasonably incorporate feedback from these associations and the applicant into the final plan. The entire amount of the streetscape Improvements to Gore Creek Drive and Chalet Road fee ($100,000) shall be paid by the: applicant prior to the issuance of a building permit for the Manor Vail Redevelopment. Prior to Requesting a Temporary Certificate of Occupancy 9. The applicant, with the input of staff, shall design and construct an extension to the existing sidewalk located in the vicinity of the existing bus stop along Vail Valley Drive. The new sidewalk shall extend onto the 430 square foot parcel which will be deeded to the Town from Manor Vail on the southeast corner of the property. The design of the sidewalk shall bye depicted on the building permit set of drawings. 10. That the developer posts a bond to provide financial security for 125% of the total r cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a temporary certificate of occupancy. This includes but is not limited to the proposed raised pedestrian walkways across Vail Valley Drive, resurfacing of the tennis courts if granted permission to stage upon them, and Ford Park pedestrian pathway reconstruction. 11. That the developer shall prepare and submit all applicable roadway and drainage easements .for dedication to the Town for review and approval by the Town Attorney. Ordinance No. 14, Series 2005 7 ,~ All easements shall be recorded with the Eagle County Clerk and Recorder's Office prior to issuance of a Temporary Certificate of Occupancy. This includes but is not limited to the easement required for the relocated Ford Park pedestrian pathway. 12. That the developer provides deed-restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of four (4) employees on the Manor Vail Lodge development site, and that said deed-restricted employee housing shall be made available for occupancy, and that the deed restrictions shall be recorded with the Eagle County Clerk & Recorder, prior to issuance of a Temporary Certificate of Occupancy for the Manor Vail Lodge. The required Type III deed-restricted employee housing units shall not be eligible for resale and that the units be owned and operated by the hotel and that said ownership shall transfer with the deed to the hotel property. 13. That the developer receives an easement from the Town for those improvements which would be located within Town of Vail property on the rear of Building C. 14. That the parking club be limited to 32 spaces to allow for the elimination to the two parallel parking spaces to the north of Building A and the one parking space in the loading delivery area at the rear of Building B. That the sale of the parking spaces within the club occur as outlined in the proposal. 15. That the developer shall commence initial construction of the Manor Vail Lodge improvements within three years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 38, and continue diligently toward the completion of the project. if the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4; Vail Town Code. Ordinance No. 14, Series 2005 Remain in place after occupancy is granl;ed 16. The Manor Vail Condominiums Association will maintain a working front desk for the purpose of conducting hotel like operations for a period of no less then ten (10) years from the date of this SDD approval, which will facilitate the continuance of the rental program at Manor Vail (Lodge. This condition helps to achieve the municipal objective of insuring tax generation by establishing an active rental program for a condominium project. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to bye invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Vail Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. The Vail 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. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented ins consideration of this ordinance: Section 7. The amendment of arty provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the efi~ective 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. 14, Series 2005 9 Section 8. 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 7th day of June, 2005 and a public hearing for second reading of this Ordinance set for the 21 st day of June, 2005, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Rodney Slifer, Mayor Lorelei Donaldson, Town Clerk Ordinance No. 14, Series 2005 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: March 16, 2004 SUBJECT: A request for approval of Resolution No 9, Series of 2005 approving an amendment to .the Lionshead Public Facilities Development Plan. The urban renewal area within the Lionshead Public Facilities Development Plan generally includes the Lionshead area in the Town of Vail south of Interstate 70, north of Gore Creek, east of Red Sandstone Creek, and west of Middle Creek, and Tract K, Glen Lyon Subdivision Applicant: Vail Reinvestment Authority Planner: Russell Forrest SUMMARY The Vail Reinvestment Authority is requesting that the Vail Town Council find that the proposed amendment to the Lionshead Public Facilities Development Plan is consistent with the Town of Vail Comprehensive Plan and approve Resolution 9, Series of 2005. The purpose of this plan is to facilitate the redevelopment of Lionshead by removing or curing covenants that may impede redevelopment and to generate revenue to pay for public improvements with tax increment financing. II. DESCRIPTION OF THE REQUEST The Vail Town Council is being requested to approve Resolution 9, Series of 2005 and with finding that ,the amendment to Lionshead Public Facilities Development Plan is consistent with the Town of Vail's Comprehensive Plan. The. Lionshead Public Facilities Development Plan ("Plan") was prepared by the Vail Reinvestment Authority ("VRA") and adopted by the Vail Town Council of the Town of Vail, pursuant to the provisions of the Urban Renewal Law of the State of Colorado, Article 25 of Title 31, Colorado Revised Statutes on March 16, 2004. At the time of approval, sections 5.1 and 5.2 of the plan were deleted that authorized tax increment financing. However, the Planning and Environmental Commission reviewed and made a favorable recommendation of the Plan with the tax increment provisions in the Plan. The tax increment provisions were not included in the final approval to avoid unduly limiting the bonding capacity of this financial tool. At this time the Vail Reinvestment Authority would request that sections 5.1 and 5.2 be reinserted into the Plan now that construction has commenced in Lionshead. This amendment to the Plan is considered a substantial modification and triggers compliance with all procedural steps required for original adoption of the Plan. VIII. STAFF AND PEC RECOMMENDATION On May 23, 2005, the Planning and Environmental Commission voted 5-1 tb find that the Amendment to the Lionshead Public Facilities Development Plan was in conformity to the Vail Comprehensive Plan. The Community Development Department recommends that the V<~il Town Council approve the amendment to Lionshead Public Facilities Developrent Plan. Staff's recommendation is based upon the review of the proposal as outlined in Section VI of the PEC memorandum and the testimony and evidence pre:>ented. Attachments: Attachment 1: Resolution No.9, Series of 2005 Attachment 2: PEC memo & .Attachments F:\cdev\COUNCIL\MEMOS\05\Lionhead Public Facilities\Staff Memo re Amended URP Final.doc RESOLUTION NO. 9 Series of 2005 A RESOLUTION APPROVING THE AMENDED LIONSHEAD PUBLIC FACILITIES DEVELOPMENT PLAN TO INCLUDE T.AX INCREMENT AND BOND FINANCING AS AUTHORIZED BY THIE URBAN RENEWAL LAW. WHEREAS, an urban renewal plan entitled the Lionshead Public Facilities Development Plan for the Lionshead Area was approved by the Town Council of the Town of Vail pursuant to Part 1 of Article 25 of Title 31, C.R.S., on March 16, 2004; and WHEREAS the Vail Reinvestment Auiihority has determined it is now appropriate to include provisions for tax increment and boncl financing as authorized by the Urban Renewal Law in an Amended Lionshead Public Facilities Development Plan; and WHEREAS, such an amendment to the Lionshead Public Facilities Development Plan constitutes a substantial modification of the Liionshead Public Facilities Development Plan requiring compliance with all procedural requirements of the adoption of the original Lionshead Public Facilities Development Plan; and WHEREAS, the Amended Lionshead Public Facilities Development Plan has previously been submitted to the Town of Vail Planning and Environmental Commission for its review and recommendations as to conformity with the Vail Comprehensive Plan pursuant to C.R.S. §31- 25-107(2); and WHEREAS, the Town of Vail Planning and Environmental Commission has determined that the Amended Lionshead Public Facilities Development Plan does conform to.the Town of Vail Comprehensive Land Use Plan; and WHEREAS, no property in the Amended Lionshead Urban Renewal Area has been included in an urban renewal plan previously submitted to the Town Council of the Town of Vail; and WHEREAS, the Town Clerk of the Town of Vail has published the notice of the time, place, and purpose of the public hearing to consider the adoption of the Amended Lionshead Public Facilities Development Plan in the Vail Daily in conformance with C.R.S. §31-25-107(3); and WHEREAS, the Town Council of the Town of Vail has provided written notice of the public hearing to consider the adoption of the Amended Lionshead Public Facilities Development Plan to property owners, residents, and business owners within the proposed Lionshead Urban Renewal Area at their last known addresses in conformance with C.R.S. §31- 25-107(4)(c); and. WHEREAS, the Eagle County Commissioners have received notification of and copies of the Amended Lionshead Public Facilities Development Plan as well as such additional information as is required by C.R.S. §31-25-107(3.5); and WHEREAS, the Eagle County School District has received notification of and copies of the Amended Lionshead Public Facilities Development Plan and has been given an opportunity to participate in an advisory capacity; and WHEREAS, no more than one hundred twenty days have passed since 'the commencement of the first public hearing of the Amended Lionshead Public Facilities Development Plan, and WHEREAS, Town Council of the Town of Vail has conducted a public hearing and considered the public testimony received regarding the Amended Lionshead Public Facilities Development Plan. NOW, THEREFORE, BE tT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL THAT: 1. The Amended Lionshead Public Facilities Development Plan conforms to the Comprehensive Land Use Plan, which is the general plan for the development of the Town of Vail. 2. The Amended Lionshead Public Facilities Development Plan will afford maximum opportunity, consistent with the sound needs of the Town of Vail as a whole, for the rehabilitation or redevelopment of the Lionshead Plan Area by private enterprise. 3. The Amended Lionshead Public Facilities Development Plan is hereby approved. INTRODUCED, READ, APPROVED AND ADOPTED this 7th day of June, 2005. Rodney Slifer, Mayor, Town of Vail ATTEST: Lorelei Donaldson, Town Clerk, Town of Vail F:\Users\cdev\council\memos\04\march 15 2004.doc 2 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: May 23, 2005 SUBJECT: A request for a recommendation to the Vail Town Council that the proposed amendment to the Lionshead Public Facilities Development Plan is consistent with the Vail Comprehensive Plan. The urban renewal area within the Lionshead Public Facilities Development Plan generally includes the Lionshead area'in the Town of Vail south of Interstate 70, north of Gore Creek, east of Red Sandstone Creek, and west of Middle Creek, and Tract K, Glen Lyon Subdivision Applicant: Vail Reinvestment Authority Planner: Russell Forrest SUMMARY The Vail Reinvestment Authority is requesting that the Planning and Environmental Commission find that the proposed amendment to the Lionshead Public Facilities Development Plan (Attachment 1) is consistent with the Town of Vail Comprehensive Plan. The purpose of this plan is to facilitate the redevelopment of Lionshead by removing or curing covenants that may impede redevelopment and to generate revenue to pay for public improvements with tax increment financing. Staff is recommending that the Planning and Environmental Commission find that the Lionshead Public Facilities Development Plan is consistent with the Vail Comprehensive Plan. II. DESCRIPTION OF THE REQUEST The applicant, the Vail Reinvestment Authority, is requesting that the Planning and Environmental Commission make a recommendation to the Vail Town Council that the amendment to Lionshead Public Facilities Development Plan is consistent with the Town of Vail's Comprehensive Plan. The Lionshead Public Facilities Development Plan ("Plan") was prepared by the Vail Reinvestment Authority ("VRA") and adopted by the Vail Town Council of the Town of Vail, pursuant to the provisions of the Urban Renewal Law of the State of Colorado, Article 25 of Title 31, Colorado Revised Statutes on March 16, 2004. At the time of approval, sections 5.1 and 5.2 of the plan were deleted that authorized tax increment financing. However, the Planning and Environmental Commission reviewed and made a favorable recommendation of the Plan with the tax increment provisions in the Plan. The tax increment provisions were not included in the final approval to avoid unduly limiting the bonding capacity of this financial tool. At this time the Vail Reinvestment Authority would request that sections 5.1 and 5.2 be reinserted into the Plan now that construction has commenced in Lionshead. This amendment to the Plan is considered a substantial modification and triggers compliance with all procedural steps required for original adoption of the Plan. III. BACKGROUND ~ Lionshead Plannina Process The Lionshead Redevelopment Master Plan involved significant community involvement between 1997 and its adoption in 1999. This community involvement included meetings with merchants, homeowner associations, and the general public. The plan identifies specific public improvements to improve circulation and safety and also improve the aesthetic quality of Lionshead. In Section 9-8 of the Lionshead IVlaster Plan, the plan states "tax increment financing is one of the most effective fools available for redevelopment of Lionshead." Subsequent meetings with homeowners confirmed that a financing tool did not raise taxes but leveraged new incremental growth in property values to pay for public improvements, was desirable. On March 18, 2002, the Vail Town Council reviewed the various public improvements proposed in the Lionshead Redevelopment Master Plan. Staff received preliminary input from the Vail Town Council that Frontage Road improvements, new streetscape, and improved circulation were priority public improvements. In November, 201J2, Council again reviewed options for moving forward with public financing andl directed staff to proceed with the Lionshead Reinvestment Study. This study has confirmed that the Lionshead area meets the legal criteria for the creationn of either an urban renewal authority or a downtown development authority. The major point of concern regarding the creation of an urban renewal authority has been the issue of condemnation. An urban renewal authority can have the power of condemnation. The Lionshead Task Force believes that condemning property from one property owner for conveyance to a developer is not necessary or desirable. How TIF Works Tax Increment Financing (TIF) is a tool utilized by municipalities to finance public improvements in identified areas of need, known as redevelopment districts. Tax Increment Financing can be implemented through a Downtown Development Authority (DDA) or an Urban RE:newal Authority (URA). An Urban Renewal Authority is meant to provide public amenities that encourage and facilitate corresponding new development. For example, the URA might use funds generated from a new development to build streetscape or improve circulation that helps make the new development possible. Another possibility is that if a property is to be redeveloped, tt-ie authority might work with the developer to provide some public amenities such as a plaza or pedestrian mall. An authority may also provide assistance to existing property owners who want to rehabilitate or expand their property. An ex;ample of this type of assistance might be a facade improvement loan program. Tax Increment Financing is not new and has been utilized around the country for decades to fund public improvements and encourage redevelopment. In Colorado there are 18 (eighteen) cities utilizing 2 Tax Increment Financing (TIF) with15 (fifteen) through Urban Renewal Authorities (URA), and 3 (three) through Downtown Development Authorities (DDA). Based on recent legal decisions by the Colorado Supreme Court the, Vail Town Council determined an Urban Renewal Authority was the preferable approach to take. Once an Urban Renewal Authority has been established, the town is able to adopt a plan to use TIF. Once an urban renewal area is established and a plan is adopted, the property tax base for the redevelopment district is frozen. This means that after the date of plan adoption, the assessed value to which the mill levy for the town, the water district, school district, and the county would be the same each year with adjustment for general reassessments. For example, if the assessed value in an urban renewal area is $1 million on the date of plan adoption, then the mill levy for each of the overlapping taxing jurisdictions is applied to that $1 million assessed value each year of the plan. As-the properties in the redevelopment district begin to increase in value due to fhe redevelopment efforts, that increase in assessed value times the combined mill levy of the overlapping taxing jurisdictions goes to the URA. For example, if the assessed value of property in the district increases to $10 million in year 5 of the plan, the taxes derived from multiplying the combined mill levy times the $1 million base go to the overlapping taxing jurisdictions and the mill levy times the $9 million increase goes to the URA. The plan .can also affect town sales tax revenues but not state or county revenues. The plan can dedicate sales tax revenues above the base year revenues to the URA. The Vail Reinvestment Authority is only planning on committing property tax for public financing. No new taxes are established using TIF nor are taxes increased. The revenues produced by increased property values and increased retail sales activity are simply redistributed to benefit the redevelopment district. March 2004 Approval of the Lionshead Public Facilities Development Plan On February 23, 2004, the Planning and -Environmental Commission recommended approval of the Lionshead Public Facilities Development Plan. On March 16, 2004, the Vail Town Council approved the Plan. At the time of approval, the Town Council elected to remove the provision in the Plan that would allow Tax Increment Financing to be implemented. The purpose for eliminating this provision was to not begin atwenty-five year period for debt service until construction commences in Lionshead. The attached Plan is the version recommended for approval by the PEC in February, 2004, including the language relating to Tax Increment Financing. At this time the Vail Reinvestment Authority has removed certain restrictive covenants in Lionshead that have helped facilitate the approval of redevelopment plans for the Gore Creek Place Condominiums and the "Core Site" or Arrabelle project. Now that construction has begun in Lionshead, public improvements planed for Lionshead must be budgeted and paid for through tax increment financing. For this purpose the Town would like to amend the Plan to add back in Sections 5.1 and 5.2 to the Plan. 3 IV. ROLES OF THE REVIEWING BOARDS The Planning and Environmental Commission is required by state statute to make a recommendation to the Vail Town Council on whether the Lionshead Public Facilities Development Plan conforms to the Town of Vail Comprehensive Plan. The Town Council is the final decision making authority and will be asked to consider the approval of a resolution to adopt the plan. V. APPLICABLE PLANNING DOCIJIMENTS The fol{owing are applicable components of the Lionshead Redevelopment Master Plan which is a component of the Town of Vail Comprehensive Plan. Purpose of Lionshead Master Plan This master plan was initiated by the Town of Vail to encourage redevelopment and new development initiatives within the Lionshead study area. Both public and private interests have recognized that Lionshead today lacks the economic vitality of Vail Village, its neighboring commercial district, and fails to offer s world class resort experience. Lionshead's economic potential has been irihibited by a number of recurrent themes: lack of growth in accommodation units ("hot beds'), poor retail quality, the apparent deterioration of existing buildings, an uninteresting and disconnected pedestrian environment, mediocre architectural character, and the absence of incentives for redevelopment. Redevelopment is critical for Vail and Lionshead if the community is to remain a competitive four-season resort Other resorts are spending millions of .dollars to upgrade their facilities in order to attract more visitors year-round. Growth in the number of skiers annually has slowed to one to two percent, intensifying competition for market share. Skiers are spending less time skiing and more time shopping, dining out, and enjoying other off-mountain activities. As a result, the demand for quality retail shopping and a greater diversity of experiences has dramatically increased. All of these are sorely in need of .improvement in .Lionshead. Vail, and specifically Lionshead, will fall behind if the community fails to upgrade the quality of its facilities and correct the existing flaws in its primary commercial nodes. Policy Objectives of the Lionshead) Redevelopment Master Plan The Town Council adopted six policy objectives on November 4, 1996, to outline the important issues to be addressed in the master plan and to provide a policy framework for the master planning process: Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and 4 amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ("live beds" or "warm beds') through new lodging products. Improved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. Improved Infrastructure The infrastructure of Lionshead (streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. Creative Financing for Enhanced Private Profits and Public Revenues Financially creative and fiscally realistic strategies must be identified so that adequate capital may be raised from all possible sources to fund desired private and public improvements. Design Objectives of the Lionshead Master Plan The Lionshead Redevelopment Master Plan is based on a set of fundamental design objectives that relate to the entire study area: The Pedestrian Environment The defining characteristic of Lionshead is its pedestrian environment, and the emphasis of the master plan is to improve its quality as a generator of activity. Pedestrian connections are intended to be the underlying framework of the physical plan. Two primary pedestrian corridors are proposed to provide for a cohesive, consistent, well defined pedestrian and retail environment serving both the destination guest and the local community. The first of these two corridors is an east-west connection between the west end of Dobson Ice Arena and the western edge of Lionshead. The second is a north-south connection between the gondola ski yard and the north day lot. • Connections to the Natural Environment The master plan recommends ways to enhance and strengthen the physical and visual connections to the natural environment of Gore Creek and Vail Mountain. • Vehicular Circulation The master plan anticipates a network of streets and driveways that provides efficient access to public and private destinations but minimizes the negative impact of vehicles on the pedestrian environment and residential areas. • Transit The master plan considers that an efficient and flexible public transit system serving the entire Lionshead study area, including potential new development in the west end of the district, is essential to its future success. Service and Delivery The master plan descr~~bes a consolidated, efficient service and delivery system that reduces interference with pedestrian areas, emergency vehicle routes, and traffic in general. The proposed facilities satisfy the current and projected service and delivery needs of the Lionshead study area. Parking The master plan provia~es for adequate public parking in Lionshead and the community as .a whole but acknowledges that parking private vehicles is only one part of the overall Lionshead public access sfrategy. Vl. FINDING/CRITERIA FOR REVIE~NING THE PLAN Based on § 31-25-107, C.R.S, the Planning and Environmental Commission shall determine whether the amendment to the Lionshead Public Facilities Development Plan is in conformity to the Town of Vail's Comprehensive Plan. The Lionshead Redevelopiment Master Plan is an element of the Town of Vail Comprehensive Plari. The adoption of the Lionshead Public Facilities Development Plan is critical to achieving the above mentioned objectives of the Lionshead Redevelopment Master Plan. The Lionshead Redevelopment Master Plan identifies the creation of a TIF district as a critical next step as stated on page 9-8 of the plan: Tax Increment Financing f TIF) Tax increment financing is one of the most effective tools available for redevelopment of Lia~shead. T1F allows the community to capture a portion of tax revenues that normally go to the county and to utilize them locally instead to implement public improvements. TIF does not raise taxes; it reallocates the incremental property or sales tax revenues resulting from improvements within the district and use. The plan directly supports the purpose statement of both Lionshead Mixed Use 1 & 2 zone districts. The adoption of the Lionshead Public Facilities Development Plan is necessary to implement the public improvements identified ini the Lionshead Redevelopment Master Plan and removing obsolete covenants that could impede development. Implementing -the Lionshead Public Facilities Development Plan is critical to achieve all of the following development objectives in the Lionshead Master Redevelopment Plan. Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ("live beds" or "warm beds') through new lodging products. Improved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. Improved Infrastructure The infrastructure of Lionshead (streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. Creative Financing for Enhanced Private Profits and Pubdic Revenues Financially creative and fiscally realistic strategies must be identified so that adequate capital maybe raised from all possible sources to fund desired private and public improvements. VII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission find that the Amended Lionshead Public Facilities Development Plan is consistent with the Town of Vail's Comprehensive Plan. Staff's recommendation is based upon the review of the proposal as outlined in Section VI of this memorandum and the testimony and evidence presented. Should the Planning and Environmental Commission choose to make this finding, staff recommends that the following findings be made: "That upon review of the f>roposed Amended Lionshead Public Facilities Development Plan, the Planning and Environmental Commission finds that the plan, as proposeal, is in conformity with the Town of Vail's comprehensive plan as stated in section VI of this memorandum. The Commission's determination of findings is based upon review of the criteria and the testimony and evidence presented on this application." Attachments: Attachment 1: Lionshead Public Facilities Development Plan Attachment 2: Public Notices F:\cdev\PEC\Memos\05\PEC Report for Amended Lionshead Public Facilities Development Plan.doc Attachment 1 Lionshead Public Facilities Development Plan AMIENDED LIONSHEAD PUBLIC FACILITIES DEVELOPMENT PLAN VAIL REINVESTMENT AUTHORITY Junie 2005 MUR\57037\436628.01 TABLE OF CONTENTS I. INTRODUCTION..,. ...................................................:..........................................................1 1.1 Preface ........................................................................................................................... 1 1.2 Background ................................................................................................................... 1 1.3 Definitions ...................................................................................................................... 2 2. LEGISLATIVE FINDINGS .................................................................................................. .2 2.1 Qualifying Conditions ..................................................................................................: 2 2.2 Projects ........................:................................................................................................. 3 2.3 Planning Approval ........................................................................................................ 3 2.4 Consultation .................................................................................................................. 4 2.5 Public Hearing ............................................................................................................... 4 2.6 Boundaries of the Plan Area ...................................................................................... 4 2.7 Other Findings ...........................:.................................................................................. 4 3. DESCRIPTION OF PLAN OBJECTIVES ........................................................................ .5 4. PLAN IMPLEMENTATION ..................................................................................:............. .5 4.1 Redevelopment and Rehabilitation Actions ............................................................. 6 4.2 Property Acquisition ..................................:.................................................................. 6 4.3 Relocation Assistance and Payments ...................................................................... 6 4.4 Public Improvements and Facilities ........................................................................... 6 4.5 Redevelopment Agreements ...................................................................................... 6 4.6 Interagency Cooperation ............................................................................................. 7 4.7 Advisory Committee ..................................................................................................... 7 5. PROJECT FINANCING .......................................................................................................7 5.1 Tax Increment Financing ..............................................................................:.............. 7 5.2 Additional Taxing Entities ............................................................................................ 8 5.3 Participating Interest in Projects ................................................................................ 8 6. MODIFICATIONS TO THIS PLAN .................................................................................... 8 MUR\58179\432486.01 i LIONSHEAD PUBLIC FACILITIES INVESTMENT PLAN I. June 20051NTRODUCTION 1.1 Preface This Amended Lionshead Public Facilities Investment Plan ("Amended Plan") has been prepared by the Vail Reinvestment Authority ("VRA") for adoption by the Town Council of the Town of Vail pursuant to provisions of the Urban Renewal Law of the State of Colorado, Article 25 of Title 31, Colorado Revised Statutes. This Amended Plan is prepared and adopted.to satisfy the requirements of § 31-25-107, C.R.S., that an urban renewal plan be adopted by the governing body of the municipality before an urban renewal authority undertakes an urlban renewal project. The administration of this project and the enforcement and execution of this Amended Plan shall be performed by VRA. 1.2 Background The Lionshead .area is one of four base areas for the Vail Mountain Ski Area. The area was originally developed from 1972-1974 as the base for the Lionshead gondola. Lodging, condominiums and retail were constructed over a period of years, often without coordinated planning of circulation and public transportation facilities of the area. .The Lionshead parking garage was built in 1981 significantly increasing the pedestrian traffic in the area. An extensive bus system has developed as the major means of moving people around Vail. The Lionshead area now accounts for approximately 45% of the skier access to Vail Mountain. As a result of this rapid development activity, the traffic and transportation network for personal vehicles, pedestrians and delivery vehicles does not work well. There are many vehicle/pedestrian conflicts creating unsafe conditions throughout the Lionshead area. In addition, the public infrastructure in the Lionshead area has deteriorated. Extremes of temperature and topography as well as the intense utilization of the area by residents and guests has caused streets, sidewalks, curbs and gutters, and retaining walls to be subject to accelerated deterioration. Inadequate attention to runoff from impervious surfaces and deteriorated drainage facilities have contributed to water quality deterioration in the Gore Creek. The Lionshead Redevelopment Master Plan, adopted in 1999, identifies specific public infrastructure improvements that need to occur and provides incentives for private redevelopment. A major implementation action in the Master Plan is the redevelopment of the Lionshead gondola and Sun Bird building sites into ahigh-end hotel. Other major development sites include the remodeling of the Marriott and Antler properties. These development projects will place many more guests and residents into the Lionshead area. To properly support this major private reinvestment in Lionshead, the supporting transportation infrastructure needs to be upgraded. Sidewalks and streets need to be constructed or reconstructed. A transportation center must be built to accommodate the increased usage of the Lionshead area, and improvements to the Frontage Road are needed to serve the increased traffic;. This Amended Planis intended to provide the financial mechanisms necessary to support the renovation and reconstruction of the public infrastructure in Lionshead. M U K\58179\432486.01 The Lionshead Public Facilities Development Plan was originally adopted in March 2004 without provisions for the use of tax increment financing which is authorized by the Urban Renewal Law. Since adoption of the Plan in March 2004, The VRA has entered into the Lionshead Reinvestment Agreement, dated August 3, 2004, with the Vail Corporation and the VRA and the Town have entered into the Gore Creek Place development Agreement, dated November 8, 2004, and the Core Site Development Agreement, dated November 8, 2004, These Agreements commit the Vail Corporation to the construction of certain improvements in Lionshead and make it necessary for the VRA and the Town to construct certain public improvements which will support and complement the public and private improvements to be constructed by the Vail Corporation. It is now necessary and appropriate to authorize the use of tax increment funds to be generated by the new construction as the funding vehicle for the public improvements to be constructed by the Town and VRA. 1.3 Definitions Amended Plan: The Lionshead Public Facilities Investment Plan as amended to include tax increment financing. Cooperation Agreement: Any agreement between VRA and the Town of Vail or any other public body regarding action taken pursuant to any of the powers set forth in the Urban Renewal Law, or in any other provision of Colorado law, for the purpose of facilitating public undertakings deemed necessary or appropriate by VRA under this Plan. Plan: This Lionshead Public Facilities Investment Plan as it may be modified from time to time. Plan Area: The area described in Section 2.6 of this Plan, and depicted on Figure 1, which has been found to be blighted and for which the undertaking of urban renewal projects is declared to be necessary. Redevelopment Agreement: An agreement between VRA and a developer or developers representing the redevelopment or rehabilitation of property within the Plan Area. 2. LEGISLATIVE FINDINGS 2.1 Qualifying Conditions Based on the Lionshead Reinvestment Study prepared by URS Corporation, dated February 2004, and evidence presented at the public hearing, the Town Council finds that there exists blight, as defined by § 31-25-103(2), C.R.S., in the Plan Area. The Lionshead Reinvestment Study found that blight conditions were prevalent throughout the area. The conditions found to exist include: a) Defective and inadequate street layout: Street system does not provide adequate access for motorists, pedestrians and emergency vehicles. Turning radii are often inadequate. MUR15 8 1 79143 248 6.01 2 b) Unsafe conditions that endanger life or property: Traffic and circulation patterns are dangerous for both pedestrians and motorists. c) Deterioration of site improvements: Public parking areas and concrete retaining walls are deteriorating. Curbs and gutters on public property al:;o show deterioration. d) Defective or unusual conditions of title rendering the title unmarketable: Restrictive covenants controlling uses on certain properties and other conditions of title impair the redevelopment of key parcels in i:he Plan Area. In many instances, covenant provisions conflict with or have been ignored by prior development. e) Environmental contamination: Runoff from unpaved parking areas and stormwater runoff from paved surfaces contaminate Gore Creek. f) Inadequate public improvements: Streets. and sidewalks on public property are not adequate for the traffic and do not provide a safe separation for pedestrians from motor vehicles. Pavement, curb and gutter and retaining walls on public property are deteriorating. Overhead utilities are presents and stormwater management is inadequate. The Town Council finds that the presence of these factors substantially impairs or arrests the sound growth of the Town of Vail, retards the provision of housing accommodations, constitutes an economic and social liability and is a menace to the public health, safety, morals and welfare of the Town of Vail. 2.2 Projects The Plan Area is appropriate for one or more urban renewal projects and other undertakings of the VRA as authorized by the Urban Renewal Law. . 2.3 Planning Approval A general plan for the Town of Vail, known as the Vail Comprehensive Plan, has been adopted by the Town Council. In addition, the Lionshead area is the subject of the Lionshead Redevelopment Master Plan which is the Town's official planning document for guiding the redevelopment of the Lionshead area and is a part of the Vail Comprehensive Plan. This Amended Plan has been submitted to the Planning and Environmental Commission of the Tov~rn of Vail for review and recommendations as to its conformity with the Vail Comprehensive Plan and the Lionshead Master Plan. The Planning and Environmental Commission met on May 23, 2005 and has submitted its written recommendations via a staff memorandum to the Town Council that the Amended Lionshead Public Facilities Development Plan is in conformity with the Vail Comprehensive Plan. M U R\58179\432486.01 2.4 Consultation This Amended Plan has been submitted to the Board of County Commissioners of Eagle County as required by the Urban Renewal Law. The Eagle County School District has been advised of this Amended Plan and has been given an opportunity to provide comments. 2.5 Public Hearing The Town Council of the Town of Vail has held a public hearing to consider this Amended Plan after public notice thereof incompliance with the Urban Renewal Law in the Vail Daily describing the time, date, and purpose of the public hearing, identifying the Plan Area and outlining the general scope of the projects being considered for implementation pursuant to this Plan. Pursuant to C.R.S. §31-25-107(4)(c), notice of the public hearing was provided to owners, residents, and business owners in the Pfan Area at their last know address at least 30 days before the date of the public hearing.. 2.6 Boundaries of the Pfan Area The boundaries of the Plan Area shall be as set forth in Figure 1 attached hereto. The Town Council finds that the boundaries of the Plan Area have been drawn as narrowly as feasible to accomplish the planning and development objectives of this Plan. 2.7 Other Findings 2.7.1 One or more of the projects will require the demolition and clearance, subject to other restrictions, of certain public improvements within the Plan Area as provided in this Plan. Such actions may be necessary to eliminate unsafe conditions, eliminate obsolete and other uses detrimental to the public welfare, and otherwise remove and prevent the spread of deterioration. 2.7.2 In order to eliminate or reduce the qualifying conditions~~currently existing within the Plan Area, as well as those qualifying conditions which may be reasonably anticipated to develop within the Plan Area in the absence of public action, it is the intent of the Town Council in adopting this Amended Plan that VRA exercise all powers authorized to be exercised by VRA under the Urban Renewal Law and which are necessary, convenient or appropriate to accomplish the objectives of this Plan. It is the intent of this Amended Plan that VRA shall exercise all such powers as may now be possessed or hereafter granted to VRA for the .elimination of qualifying conditions within the Plan Area. 2.7.3 Many properties in the Plan Area are subject to restrictive covenant provisions from previous subdivisions of property in Vail and Lionshead. in many cases, the covenant provisions conflict with one another and in some cases have been ignored by existing development. These restrictive covenants create an impediment to the redevelopment of MUR1581791432486.01 4 properties within the Plan Area, particularly the financing of improvements which are key to the redevelopment of the Plan Area. VRA is authorized to use the power of eminent domain, with the consultation and concurrence of the owner of the underlying fee interest, to eliminate restrictive covenant provisions and other conditions of title which prevent redevelopment of properties within the Plan Area. 2.7.4 If it becomes necessary for individuals, families or businesses to relocate as a result of the implementation of this Plan, a feasible method exists for the relocation of individuals, families, and business concerns that may be displaced, insuring that decent, safe and sanitary dwelling accommodations and business locations can be made available. 2.7.5 The powers conferred by the Urban Renewal Law are for public uses and purposes for which public money may be expended and the police powers exercised, and this Amended Plan is in the public interest and necessity, such finding being a matter of legislative determination by the Town Council. 2.7.6 VRA may, in its discretion, issue bonds, including bonds or other obligations, to the extent permitted by law. 3. DESCRIPTION OF PLAN OBJECTIVES This Amended Plan is an important tool to address the problems confronting the Lionshead area. The Amended Plari helps to further the goals for the area previously outlined in the Lionshead Redevelopnnent Master Plan. The objectives for the Amended Plan include the following: • Create a sense of place and an improved aesthetic character for Lionshead for both residents and guests. • Renovate or redevelop- the deteriorated and/or outdated residential and commercial buildings and provide enhanced amenities. • Enhance the aesthetic appearance of the area to make it more appealing. • Improve pedestrian, bicycle, mass transit and auto accessibility and circulation. • Eliminate impediments to the redevelopment of key facilities with the Plan Area. • Upgrade and restore public infrastructure including transportation facilities, parking, sidewalks and streetscapes. 4. PLAN IMPLEMENTATION In order to accomplish the objectives of this Amended Plan and to fully implement this Plan, VRA shall be authorized to undertake the following activities: M U K\53 179\432486.0 I rj 4.1 Redevelopment and Rehabilitation Actions Redevelopment and rehabilitation actions within the Plan Area may include such undertakings and activities as are in accordance with this Plan, the Lionshead Master Plan, and the Urban Renewal Law, including without limitation: demolition and removal of public buildings and improvements as set forth herein; installation, construction and reconstruction of public improvements as set forth herein; elimination of unhealthful, unsanitary or unsafe conditions; elimination of obsolete or other uses detrimental to the public welfare; and other actions to remove or to prevent the spread of deterioration. VRA is authorized to negotiate and enter into agreements with landowners, developers, and investors regarding appropriate projects throughout the Plan Area which will generate incremental property tax revenues. 4.2 Property Acquisition The principal purpose of this Amended Plan is the rehabilitation and enhancement of public infrastructure in the Plan Area and the support of new private investment occurring on private property. Restrictive covenants and other conditions of title interfere with new private investment. The power of eminent domain as authorized by the Urban Renewal Law may be utilized as VRA determines necessary to eliminate and remove restrictive covenants and other conditions of title which interfere with new private investment with the consultation and concurrence of the owner of the underlying fee interest. 4.3 Relocation Assistance and Payments In the event it is necessary to relocate or displace any business or other commercial establishments as a result of any property acquisition, VRA may adopt relocation policies for payment. of relocation expenses. Such expenses may include moving expenses, actual direct losses of property for business concerns, and goodwill and lost profits that are reasonably related to relocation of the business, resulting from its displacement for which reimbursement or compensation is not otherwise made. 4.4 Public Improvements and Facilities VRA may undertake certain actions which would make the Plan Area more attractive for private investment by providing public improvements consistent with the Lionshead Master Plan. These improvements include street and traffic improvements, streetscape improvements, a transportation center, landscaping, park and recreation facilities, utility improvements, open space acquisition, stormwater improvements, public art projects, and other similar improvements necessary to carry out the objectives of the Lionshead Master Plan. 4.5 Redevelopment Agreements VRA is authorized to enter into one or more Redevelopment Agreements. with developer(s) and such other entities as are determined by VRA to be necessary or desirable by VRA to carry out the purposes of this Plan. Such Redevelopment Agreements may contain such terms and provisions as shall be deemed necessary or appropriate by VRA for the purpose of undertaking the activities contemplated by this Amended Planor the Urban Renewal Law, and may further provide for such M U R\58 179\432486.01 6 undertakings by VRA, including financial assistance, as may be necessary for the achievement of the objectives of this Amended Planor as may otherwise be authorized by the Urban Renewal Law. 4.6 Interagency Cooperation VRA may enter into one or more Cooperation Agreements with the Town of Vail or other public bodies pursuant, to the Urban Renewal Law. Cooperation Agreements may provide, without limitation, for financing, for construction of public improvements, for administration, for technical assistance and for other purposes. 4.7 Advisory Committee VRA shall establish an advisory committee of Lionshead residential and commercial property owners to advise the VRA on matters related to the implementation of the Plan. The composition of the committee shall be determined by the VRA. 5. PROJECT FINANCING 5.1 Tax Increment Financing The primary method of financing the projects undertaken in furtherance of this Amended Plan shall be the use of property tax increment financing pursuant to Section 31-25-107(9), C.R.S., which is by this reference incorporated herein as if set forth in its entirety. If there is any conflict between the Urban Renewal Law and this Amended Plan, the provisions of the Urban Renewal Law shall control. All property taxes collected within the Plan Area shall be divided as follows: a) That portion of thE: taxes which are produced by the levy at the rate fixed each year bey or for each such public body upon the valuation for assessment of~ taxable property in the Urban Renewal Area last certified prior to effective date of the original. approval of the Plari or, as to an area later added to the Urban Renewal Area, the effective date of the modification of the Plan, shall be paid into the funds of .each such public body as are all other taxes collected by or for said public body. b) Except as VRA may legally provide otherwise under the Urban Renewal Law, the portion of such property in excess of the amounts described in paragraph a), above, shall be allocated to and, when collected, paid ini:o a special fund- to fund VRA's obligations with respect to any project within the Plan Area, including payment of the principal of, the interest on, and any premiums due in connection with the bonds, loans or advances to, or indebtedness incurred by (whether funded, .refunded, assumed, or otherwise) VRA for financing or refinancing, in whole or in part, the projects in the Plan Area. c) When such bonds, loans, advances, and indebtedness, if any, including interest thereon and any premiums due in connection M U r2\58 179\432486.01 '] therewith, have been paid, but in no event later than 25 years following the adoption of this Amended Plan for the construction of the projects' improvements, any' excess property tax collections not allocated pursuant to this paragraph or any Cooperation Agreement between VRA and Town or other taxing jurisdiction, shall be paid into the funds of said jurisdiction or public body. Unless and until the total property tax collections in the Plan Area exceed the base year property tax collections in the Plan Area, as provided in paragraph a), above, all such property tax collections shall be paid into the funds of the appropriate public body. VRA reserves the right to enter into Cooperation Agreements with select taxing. jurisdictions relative to allocation of incremental tax revenues. d) The adoption of this Amended Plan shall be deemed an adoption of a provision that taxes, if any, levied after the effective date of the approval of this Amended Plan upon taxable property in the Plan Area shall be divided among VRA and various taxing entities for a period of 25 years thereafter or such lesser period as provided in Section 31-25-107(9), C.R.S., as exists on the date hereof, or in any Cooperation Agreement between VRA and a county, the Town or a special district. 5.2 Additional Taxing Entities VRA recognizes that tax increment financing is the primary tool for funding redevelopment activities. However, Colorado law allows the creation of additional political subdivisions within a municipality to provide services within a defined area. These entities include metropolitan and other special districts as well as business improvement districts. These districts have available certain taxing powers that can generate revenues in addition to those generated by tax increment financing. VRA is committed to exploring a variety of strategies and mechanisms to complement tax increment financing. VRA recognizes that it is imperative that financing mechanisms be flexible and creative to provide necessary assistance to a broad range of redevelopment activities. 5.3 Participating Interest in Projects VRA may require a participating interest in private development projects for which it provides financial assistance. Public assistance is frequently needed for redevelopment projects in order to fill .the gap between traditional equity and debt financing and the additional costs of a redevelopment project. In the event the project generates revenues at or greater than market return, the public should share in the success of the project. The terms of the participating interest will be specified in the Redevelopment Agreement at a level and on terms appropriate for each project. 6. MODIFICATIONS TO THIS PLAN This Amended Plan may be amended or modified pursuant to provision of the Urban Renewal .Law as provided in § 31-25-107, C.R.S. Modifications to this Amended Plan will require appropriate notification in accordance with the Urban Renewal Law, including M UR\58179\432486.01 8 submission to the Board of County Commissioners of Eagle County and written notice provided to all property owners, residents, and owners of businesses in the Plan Area not less than 30 days prior to trle consideration of a substantial modification in accordance with C.R.S. 31-25-107 (4)(c). F:\Users\cdev\RUSS\Projects\LionsheadlTlF\'TIF Legal Docs\Lionshead\PutilicFacilitiesPLanwithTIF316.doc M U R\58 179\432486.01 Figure 1-Plan Area j S ,J~ ~_ 1 i -- i ~/ ~~.~ / /,/-~ ~ - _ ~`y ~~~, ~ ~ ~egy~d (~ o.2.i eo~..~., uwv w.. ~~~ "a Fiqure.2 Study Area: Boundary Map )Oki.„ II ` v~ M U R\58179\432486.01 l ~ Attac~rr~ent 2 Public Notices L~ P ~~ TOWN OF PAIL ~~ THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning.and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on May 23, 2005, at 2:00 pm in the Town of Vail Municipal Building, in consideration of: A request for final review of a major exterior alteration, pursuant to Section 12-7A-12, Exterior Alterations or Modifications, and a final review of a variance from Section 12-7A- 10, Landscaping and Site Development, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a new underground parking~garage and an above ground elevator tower, located at 62 East Meadow Drive (Talisman Condominiums)/Lot L, Block 5E, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Talisman Condominium Association, represented by Resort Design Associates Planner: George Ruther A request for final review of a conditional use permit, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for a professional and business office (real estate office) for the Vail Plaza Hotel and Club, located at 100 East Meadow Drive #3Nillage Inn Plaza, Phase IV, Lot M, N, O, Block 5D, Vail Village Filing 1 and setting forth details in regard thereto. Applicant: Vail Village Inn,_ represented by Connie Dorsey Planner: George Ruther A request for final review of a conditional use permit, pursuant to Section 12-6E-3, Conditional Uses, Vail Town Code, to allow for construction of a Type III Employee Housing Unit (EHU); a request for final review of a variance from Section 12-13-4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code; to allow for a Gross Residential Floor Area garage credit; and a request for final review of a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code; located at 2883 Kinnikinnick Road/Exception to Phase II, Vail Intermountain Swim and "Tennis Club Condominiums; and setting forth details in regard thereto. Applicant: Chuck Olgilby Planner:: Bill Gibson A request for a recommendation to the Vail Town Council to approve, approve with modification, or deny an amendment to the Lionshead Public Facilities Development Plan to include the use of tax increment financing as provided by the Urban Renewal Law .The specific description and area for the Lionshead Public Facilities Development Plan are in the Community Development Department. The general description includes that area north of Gore Creek, west of Middle Creek, east of Red Sandstone Creek and south of .Interstate 70 in the Town of Vail. Applicant: Vail Reinvestment Authority Planner: Russell Forrest The applications and information about i:he proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend 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 iinformation. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published May 6, 2005, in the Vail Daily.. .... ~ - =. __ _ _.: ~. .- TOWN OF VAIL Office of the Town Manager 75 South Frontage Road Yail, Colorado 81657 970-479-2105 FA.Y 970-479-2157 Mr. Arn Menconi Eagle County Commissioner, Chair 500 Broadway, P.O. Box 850 Eagle, CO 81631 Dear Commissioner Menconi May 5, 2005 On behalf of the Vail Reinvestment Authority, I would like to inform you that the Town of Vail has scheduled a hearing on June 7, 2005 to consider approval of an amendment to the Lionshead Public Facilities Development Plan. This Plan is submifited to you pursuant to C.R.S. § 31-25-107(3.5). As you may recall the Town of Vail approved the Lionshead Public Facilities Development Plan (the Plan) in March of 2004. At the time of approval the Town Council elected to remove the provision in the Plan that would allow Tax Increment Financing to be implemented. The purpose for eliminating this provision was to not begin a twenty five .year period for debt service until construction commenced in Lionshead. At this time the Vail Reinvestment Authority has removed certain restrictive covenants in Lionshead which has helped. tq facilitate the approval of redevelopment plans for the Gore Creek Place Condominiums and the "Core Site" or Arrabelle project. Now that construction has begun in Lionshead, public improvements planned for Lionshead must be budgeted and paid for through tax increment financing. For this purpose the Town would like to amend the Plan to add Sections 5.1 and 5.2. These sections were in the Plan the County received as part of the notice for the March 2004 meeting. This is a critical next step in implementing the Lionshead Redevelopment Master Plan. The purpose of the Lionshead Public Facilities Investment Plan is to utilize tax increment financing to fund necessary public improvements and to remove .certain protective covenants that impede redevelopment of Lionshead. The implementation of the public improvements identified in the plan should take approximately four to six years. The period of debt service for the planned Lionshead public improvements could be up to 25 years. -The potential Lionshead projects far which we could use TIF could include: Frontage Road Improvements in Lionshead $15 million Transit Center (ECO, Shuttles, Skier Drop-off) $12 million West Lionshead Circle (Pedestrian Improvements $1.5 million East Lionshead Portal (Bus Turn around/Retail Entrance) $3 million East Lionshead Circle (Repave New Ped. Area) $1 million Total: $32.5 The Vail Reinvestment Authority intends to issue bonds in the amount of $9-11 million to finance a portion of these projects. The property tax increment created by new construction will repay these bonds. Private developers would pay for the remaining cost of the public improvements associated with the development. After reviewing several financing tools (special improvement districts, sales tax increase, property tax increase), it was determined that TIF is the most attractive means of helping to pay for some of the above mentioned public improvements. TIF provides a means for private development to pay for associated public improvements through the increase in assessed value of new private constnaction. Tax increment financing is a common tool utilized by municipalities (e.g., Mt. Crested Butte, Boulder, Golden, Westminster, Ft. Collins, Grand Junction) to finance public improvements. We have attached the Lionshead Public Facilities Investment Plan for your review and comment. The potential impacts that vve can anticipate of this plan to the County if implemented include: - During the use of the property tax increment, Eagle .County and other taxing entities will continue to receive property taxes based on the current assessed value, adjusted for general reassessments. - The property tax increment collected by the Vail Reinvestment Authority will result from $26 million in additional incremental assessed value resulting from construction proposed by Vail Resort Inc. - For up to 25 years, the opportunity cost to Eagle County for annual property tax collections is projected to be approximately $202,000 and $154,000 per year for projects likely to proceed and projects in the planning stages, respectively. - The development proposed in Lionshead will involve primarily redevelopment versus new development. - The proposed redevelopment of Lionshead will help improve the economic sustainability of both Eagle County and the Town of Vail. The incremental increase in sales tax collection for Eagle County is forecasted to be approximately between $160,000 and $190,000 per year for. projects likely to .proceed and between $70,000 and $132,000 for projects in the planning stages. The amount of sales tax generated for the county is less than originally projected due to a reduction in hotel rooms versus condominiums in the development. - The Town projects that if Lionshead is not redeveloped, sales tax generation will remain flat and more realistically decline over time. - The Town can not determine where new employees generated by Lionshead development will choose to live. However, adequate housing will be provided by developers and the Town of Vail has created within the Town's boundary. The Town of Vail will require housing for new development as part of the development review process. In addition, the Town of Vail has completed the ~> 142 unit Middle Creek project in Vail. The Town anticipates new seasonal and year round employees generated by the new development in Lionshead to have housing options in the Town of Vail. - No additional public County services are anticipated to be necessary as the result of the development. We would very much appreciate your consideration and support of this effort to revitalize and rejuvenate the Lionshead commercial area. If you have any questions or comments, please send them to: Town of Vail, Attn Russ Forrest, 75 South Frontage Rd, Vail, Colorado 81657. You can also call us with any questions you might have at 970-479-2146. Sincerely, ,~' n emler Ton Manager TOWN OF VAIL~ ,~ Office of the Town Manager 75 South Frontage Road Yail, Colorado 81657 970-479-2105 FAX 970-479-2157 May 12, 2005 Mr. John Brendza Superintendent, Eagle County School District P.O. Box 740 Eagle, CO 81631 Dear Mr. Brendza: On behalf of the Vail Reinvestment Authority, I would like to inform you that the Town of Vail'has scheduled a hearing on June 7, 2005 to consider approval of the Lionshead Public Facilities Investment Plan. This report is submitted to you pursuant to C.R.S. § 31-25-107(3.5). As you may recall the Town of Vail approved the Lionshead Public Facilities Development Plan (the Pfan) in March of 2004. At the time of approval the Town Council elected to remove the provision in the Plan that would allow Tax Inurement Financing to be implemented. The purpose for eliminating this provision was to noi` begin a twenty five year period for debt service until construction commenced in Lionshead. At this time the Vail Reinvestment Authority has removed certain restrictive covenants in Lionshead which has helped to facilitate the approval of redevelopment plans for the Gore Creek Place Condominiums and the "Core Site" or Arrabelle project. Now that construction has begun in Lionshead, public improvements planed for Lionshead must be budgeted and paid for through tax increment financing. For this purpose the Town would like to amend the Plan to add Sections 5.1 and 5.2. These sections were in the Plan the County received as part of the notice for the March 2004 meeting. This hearing will occur at the regularly scheduled Vail Town Council meeting on June 7th at 6:00 p.m. and .will be located at 75 South Frontage Road in the Vail Town Hall. If you have any questions or comments on this plan, please :send them to: Town of Vail, Attn Russ Forrest, 75 South Frontage Rd, Vail, CO 81657. You can also call us with any questions you might have at 970-479-2146. Sincerely /~.. ~~ -tarn ernler Town Manager Public Notice Vail Town Council Hearing on an Amendment to the Lionshead Public Facilities Development Plan A public hearing is scheduled for June 7, 2005, at the evening Vail Town Council meeting, which begins at 6:00 p.m., for the purpose of considering Town Council's approval of an amendment to the Lionshead Public Facilities Development Plan to include the use of tax increment financing as provided by the Urban Renewal Law. This hearing will be held in the Chambers of Vail Town Council, located at 75 South Frontage Road in Vail, Colorado. Byway of general identification, the urban renewal area within the Lionshead Public Facilities Development Plan includes all or portions of the Lionshead area in the Town of Vail south of Interstate 70, north of Gore Creek, east of Red Sandstone Creek, and west of Middle Creek, and includes Tract K, Glen Lyon Subdivision (see attached map). Please refer to the Town of Vail web page at www.vailpov.com for more information. MARCH 2005 VAIL BUSINESS REVIEW ~n~u~v~t May 19, 2005 The March Vail Business Review breaks down the four percent sales tax collected for March and the first quarter. Overall March sales tax increased 18.0% with Retail increasing 19.8%, Lodging increased 21.3%, Food and Beverage increased 6.1% and Utilities/Other (which is mainly utilities but also includes taxable services and rentals) increased 27.1%. Year to date collections resulted in a 7.5% increase overall with Retail increasing 9.5%, Lodging increased 8.6%, Food and Beverage increased .7% and Utilities/Other increased 12.7%. Easter was in March in 2005 and in April in 2004. Town of Vail sales tax forms, the Vail Business Review and the sales tax worksheet are available on the Internet at www.vail ov.com. You can subscribe to have the Vail Business Review and the sales tax worksheet e-mailed to you automatically from www.vail~ov.com. We have combined the Town of Vail and Conference Center remittance forms into one form. On www.vail og v.com the form automatically calculates. You enter your information, print the form and mail it with your check. Please remember when reading the Vail Business Review that it is produced from sales tax collections, as opposed to actual gross sales. If you have any questions or comments please feel free to call me at (970) 479-2125 or Judy Camp at (970) 479-2119. Sincerely, ~ n `~~ ~.~.~C.~ Sally Lorton Sales Tax Administrator A March 2005 SALES TAX VAIL VILLAGE March March March 2004 2005 Collections __ _ Collections Change Retail 40~,99h 499,569 23.4% Lodging I 451,54~~ 527,963 16.9% Food & Beverage ~, 353,17.E 375,923 6.4% Other ~ 12,63; 15,099 19.5% ~- -- Total i 1 222 35p 7 7 1 418 554 9 } 16.1 L/OI'VSHEAD Retail Lodging Food & Beverage Other Total March March 2004 - 2005 Collections Collections 148,44 i' 179,201 270.,®7Ei 331,419 85,29f1 86,756 9,OOC~ 8,710 512,21 606,094 March Change 20.7% 22.7% 1.7% -3.1 18.2% _ _~ i March 2005 SALES TAX CASCADE VILLAGE/EAST VAIL/SANDSTONE/WEST V,AIL Retail Lodging Food & Beverage Other Total March March March 2004 2005 % t.viieciivns 186,431 166,384 64,261 5,278 422,354 70,280 5,782 503,278 ~.na~n~e 11.3% 32.1 9.4% 9.5% 19.2% OUT OF TOWN Retail Lodging Food & Beverage Utilities & Other Total March March March 2004 2005 Collections Collections Change 25,233 30,367 ;20.3% ~ 8,266 8,114 -1.8% 1,109 1,864 168.1 153,528 199,659 30.0% 188,136 240,004 27.6% ~.viieciivns 207,426 219,790 March 2005 SALES TAX 'TOTAL March 200 ,._.._ Retail Lodging Food & Beverage Utilities & Other Total March 2005 ... .. March .... ~.vnC~uvrns 765,1 d7 896,;~'~0 VVIIC(:llVll~ 916,563 1,087,286 ~.nal~ge O I 19.8 /o 21 a 39/0 5n3,~~41 1 £0,443 2,3~15,1~61 534,823 229,255 2,767,930 6.19/0 27.19/0 18.09/o ~~ L RETAIL SUMMARY March 2004 Collections March 2005 Collections ~ March % Change FOOD 133,639 154,867 15.9% LIQUOR 32,452 36,356 12.0% APPAREL 102,908 118,757 15.4% SPORT 359,722 452,691 25.8% JEWELRY 29,347 38,629 31.6% GIFT 15,982 18,095 13.2% GALLERY 5,512 4,864 -11.8% OTHER 84,629 91,478 8.1% HOME 916. 826 -9.8% OCCUPATION TOTAL 765,107 916,563 .19.8% March YTS 2005 Sales Tax VAIL VILLAGE Retail j Lodging Food & Beverage. Other i Total I' March YTD March YTD 2004 2005 Collections Collections 1,130,05F~ 19242,54 1,296,281 1,345,4 March YTD Change 10.0` 3.8` 1,033,52~> 1,040,697 0.7°~0 42,75~~ 39,694 -7.2% 4.7% 3,502,622; x,668,372 LIa-IVSHEAD Retail Lodging Food & March YTD March YTD 2004 2005 Collections Collections 433,~i 53~ 462,362 796,672' 879,173 Beverage 255,664 Other ~ --- 22,273 --_ Total. ' 1,507,962 - -~ 6.7% 10.4% 254,168 -0.7% 26,903 20.8% 1,622,606 7.6% March YTD Change A March YTD 2005 Sales Tax 'ASCADE VILLAGE/EAST VAIUSANDSTONE/WEST VAIL March YTD March YTD March YTD 2004 ~ 2005 Collections Collections Chan~_- Retail 541,993 566,:971 4.6% Lodging 528,832 623,574 '17.9% Food & Beverage ~~ 228,643 232,963 1.9% .Other 21,887 15,151 -30.8% Total ' 1,321,355 1,438,659 8.9% OUT OF TOWN Retail L" odging i Food & ~ Beverage j Utilities & Other i Total March YTD March YTD March YTD 2004 2005 Collections Collections Chan ec~ 80,281 24,323 4,057 497,326 605,987 121,929 51.9% 25,415 4.5% 5,603 38.1 576,578 15.9% 3 729,525 20.4% ~ March YTD 2005 Sales Tax 'TOTAL March YTD 2004 Collections Retail Lodging Food & Beverage Utilities & Other Total ~, March YTD . 2005 Collections 2,185,48.'1 2,646,101) 1,522,089 584,24~~ 2,393,810 2,873,595 1,533,431 658,326 0.7% 12.7% 6,937,926 7,459,162 7.5% March YTD Change 9.5% 8.6% u ~~ RETAIL SUMMARY March YTD 2004 Collections March YTD 2005 Collections March YTD % Change FOOD 397,429 428,542 7.8% LIQUOR - 95,301 102,407 7.5% APPAREL 285,827 311,813 9.1% SPORT ~ 993,976 1,108,667 11.5% JEWELRY 94,638 98;249 3.8% GIFT 46,378 48,054 3.6% GALLERY 32,731 .15,363 -53.1% OTHER 236,360 278,309 17.7% HOME 2,845 2,406 -15.4% OCCUPATION TOTAL 2,185,485 2,393,810 9.5% .y r MEMORANDUM May 25, 2005 To: Vail Town Council Stan Zemler Pam Brandmeyer Judy Camp From: Sally Lorton Re: April Sales Tax On the reverse side, please find the latest sales tax worksheet. I estimate I'll collect another $40,000.00 in April sales tax to bring April collections to $905,749.00. If so, we will be up 7.28% or $61,444.00 from budget and down 8.71% or $86,408.00 from April 2004. The ski season (November -April) would reflect an increase of 6.2% or $664,070.00. Attached.please find two worksheets that xeport on the conference center tax collection. Lift Tax for the ski season resulted in an increase of 7.1 % or $173,309.00. Easter was in March in 2005 and in April in 2004. ,'~ ~! onth 003 Town of Vail Conference Center Retail Tax (.5%) Worksheet 5/25/2005 2005 Budget 2004 Budget Co/%ctions Variance b Change from 2004 Change from Budget January 233,274 267,013 245,637 271,146 25,509 1.55% 10.38% February 250,236 283,480 260,830 290,574 29,744 2.50% 11.40% March 283,013 284,547 258,952 332,363 73,411 16.80% 28.35% April 99,694 115,624 109,419 101,408 (8,01 1- -12.30% -7.32% Total 866.,217 950,664 874,838 995,491 120,653 4.72% 13.79% May 46,376 46,172 45,406 June 83,981 83,918 80,741 July 122,562 130,300 124,611 August 119,843 115,092 109,760 September 78,107 87,126 83,472 October 57,330 60,325 58,727 November 67,602 71,641 6g,7a2 December 253,449 276,725 260,659 Total 1,695,467 1,821,963 1,707,000 995,491 120,653 onth Town of Vail Conference Center Lodging Tax (1.5%)Worksheet 5/25/2005 2005 Budget 2003 2004 Budget Col/actions Variance r6 Change from 2004 iG Change from Budget January 258,035 304,140 276,303 308,320 32,017 1.37% 11.59% February 314,645 354,159 321,744 364,241 42,497 2.85°l0 13.21% March 342,984 333,006 302,527 410,631 108,104 23.31 % 35.73% April 64,246 87,147 79,171 66,378 (12,793) -23.83% -16.16% Total 979,910 1,078,52 979,745 1,149,570 169,025 6.59'; 17.30% May 15,964 18,027 16,377 June 54,153 56,662 51,476 July 84,422 94,611 85,951 August 81,820 82,900 75,312 September 42,569 48,706 44,248 October 25,131 28,707 26,080 November 29,089 33,037 30,013 December 260,232 289,276 262,798 Total 1,573,290 1,730,378 1,572,000 1,149, 570 169,825 1415 Westhaven Drive Vail, CO 81657 May 27,2005 Tom Kassmel, Town Engineer Town of Vail 1309 Elkhorn Drive Vail, CO 81657 Dear Tom, We are writing to express our serious concerns regarding the possibility of the addition of a pedestrian lane to the south side of the bridge on Westhaven Drive over Gore Creek. We believe that the new pedestrian lane should be installed on the north side of the bridge for both safety and aesthetic reasons. We live fulltime at 1415N Westhaven Drive, which is the first house on the south as you cross the bridge entering G1enLyon subdivision. It is our observation that, for both safety and aesthetic reasons, the pedestrian walkway will be most effective if laced on the north side of the bridge, the side on which the Coldstream and Park Meadows Condominiums are looted. ,, ~~ SAFETY CONCERNS: Living on the stream and immediately at the bridge, fulltime, has afforded us the opportunity, unllike anyone else, to watch pedestrians on a regular basis a~s they travel to and from both Coldstream and Park Meadows. Their scattered traffic patterns have always been a safety concern -from our vantage point. Frankly, we are amazed that a serious personal injury has not occurred since very few vehiclE;s travel at the 25mph speed limit along a road with limited vision. In the summertime, many small children, walking, or on scooters, etc, often accompany groups with baby strollers and/or .dogs;, etc. In the wintertime,., skiers carrying equipment emerge from both Coldstream and Park Meadows in large groups on their way to Chairlift 20. These groups generally scatter all over the street looking for direction to the. Gore Valley Trail. This presents a real possibility of personal injury as fast moving cars and trucks unexpectedly encounter such groups. LOGICAL SOLUTION: Keeping the pedestrian flow on the north side of the street where the pedestrians originate would be the safer choice. Installation of a short sidewalk outside the entrance to Coldstream leading to a pedestrian walkway across the lbridge would concentrate people on the north and out of the middle of the street. Groups visually seek direction across the bridge, so such an arrangement would keep them from fanning out all over the street, as we see now. A painted crosswalk on the street at the northeastern end of the bridge could then lead them over to Gore Valley Trail and on their way. Placing the new walkway on the south would continue to encourage pedestrians from Coldstream and Park 1Vleadows to spread randomly around on the street as they seek a way across the bridge. r AESTHETIC CONCERNS Other than the safety issue, which is undoubtedly the most important, we, as permanent, fulltime homeowners know that placing the pedestrian lane on the north will more fully protect the beauty of our property. We are proud to call Vail our fulltime home and have worked diligently to .maintain our grounds for our. benefit as well as for that of our neighbors and visitors. At this point, as we have outlined in the section above on SAFETY CONCERNS, pedestrians from Park Meadows and Coldstream generally walk in groups down the middle of the street. If the new pedestrian walkway is installed on the south, these same groups will practically be led directly into our yard. Placing the new walkway on the north will not infringe on, any private homeowner's private property as it will impact us on the south. Placing the new pedestrian walkway on the north side of the bridge will protect both the pedestrians and our property. CONCLUSION In making your decision whether to place the bridge walkway on the north or the south, please consider the safety issues we have pointed out as well as the aesthetic ones. We know that improvements such as this walkway require much study. We know that the well-being of the stream, trees and boulders, as well as utility placement and land lines are considerations, but placing the new pedestrian lane on the north side of the bridge is clearly the better choice for the well-being of the locals and the visitors to this area. We will appreciate your support! Sincerely, Eileen and Gary Miller, June, 2005 ~~, off. o ~.0 5 ~5 Alfond Residence- Appeal to Town Council 6.1.05 Considerations made to Ms. O'Neill after Conceptual Design Review Meeting on February 21, 2005 Background: At with any home designed properly, we begin with proper research. We had a new survey completed including having view angles .shot of the surrounding the lot, including negative and positive /eatures including the locations o/existing homer to consider the mutual of/ects on our clients as well as the impacts on the neighbors. We thoroughly reviewed the Iitle work /or the property induding easements and boundaries, and specircally noted the lack of any view corridor) imposed on the lot. We also studied all oI the re%rant zoning issuer that of/ected the lot including setbacks Isom property lines and the creek, rite coverage, height limitations We have complied with all requirements without requesting any ~aiiances fmm the Town o/ Yail. I. For the Conceptual DRB submittal 02.01.2005- the Alfond Residence was situated 11'-0" off of west property line (adjacent to O'Neill). To lesson the impact on the O'Neill property- the Revised Final DRB submittal 04.01.2005 shows the west side (Alfond) of the house 22'-0" off of the property line. 2. For the Conceptual DRB submittal 02.01.2005- the height of the Breakfast Room gabled roof was 15'-0". To lesson the impact to the O'Neill's own Breakfast Room- the Revised Final DRB submittal 04.01.2005 shows the roof lowered to not only I I'-0" but also flat. This also eliminated the high transom windows that were originally proposed at the Breakfast Nook. 3. At the west side adjacent to O'Neill's the tower element was originally clad in rusted Corten siding. Due to Ms. O'Neill's concerns over such siding - it was changed to Rough Sawn Cedar reverse board and batten siding for the Revised Final DRB submittal 04.01.2005. 4. At the West side of the house (adjacent to O'Neill) we had proposed for the Conceptual DRB submittal 02.01.2005 a door from the Mud Room to the exterior. Due to their concerns over that elevation being tao busy- we eliminated the door for the Revised Final DRB submittal. 5. The West Elevation of the Alfond house was designed with windows primarily 9'-0" above Floor level to protect Ms. O'Neill's privary yet allow natural light into the Alfond's home. Regardless, for function, and to achieve an attractive elevation for Ms. O'Neill, some lower windows were retained. 6. Originally we had proposed standing seam metal roofs for the Family Rm. and Mud Rm., after corments at the Conceptual DRB ~ meeting we wanted to minimize the glare for Ms. O'Neill. We changed the roofs to Flat "green" sod roofs. 7. To minimize the site impact at the west side of the lot- we rotated the Garage so that it is actually closer to the house- making atight but within Town of Vail minimum standards turning radius. This in turn eliminated a walkout at the upper Guest Rm. and all retaining walls (3 tiers) that would have been needed. 8. At the west side (adjacent) to O'Neill there could have been 3 levels (Lower, Main, and Upper). We felt that this would have a ~ negative impact on them and currently have just a I level structure (TV/ family Room) with a Flat sod roof. The house could also have moved another 19' towards the creek to be Flush with the rear setback line. This would have completely blocked the ~ ~ O'Neill requested view line- we felt that again this would have been a negative impact for them. 9. At the first Conceptual DRB meeting we proposed 2 retaining walls at the west side of the house (adjacent to O'Neill). Per the O'Neill's comments we eliminated one of the walls and just have one that step down from the BBQ Patio. ~ ` 10. Originally the BBQ Patio at the West side of the house (adjacent to O'Neill) was designed with the intent of entertaining. We Y were going to have a series of doors out to the Patio from the Kitchen. Per the Ms. O'Neill's comments at the first Conceptual DRB meeting- we moved the entertainment hub of the house to the back (North) patio off of the Living and Dining Room. I I. At the West side of the house (adjacent to O'Neill) we had originally proposed a water feature. Due to their comments at the g first Conceptual DRB meeting- we eliminated that due to sound issues for them. 12. We had originally proposed a buffer of aspen trees between the O'Neill and Alfond's house. Due to O'Neill's concerns about her view being affected- we chose to put in low growing shrubs instead. It is noted that Ms. O'Neill has (4) aspen trees currently ~ planted directly in front of their Breakfast Room window. 953 SOUTH FRONTAGE ROAD WEST STE 216 VAIL COLORADO 81657 910.471.2990 970.471.2965(F) www.khwebb.tom MEMBER OF THE AMERICAN INSTITUTE OF ARCHITECTS Town Council Appeal- 06.01.2005 Alfond Residence Lot 50 Westhaven Circle Vail, Colorado Rebuttal to Patricia O'Neill's (9) Objections to Construction: I. For our First Conceptual review we had proposed a higher gabled roof with transom windows. After hearing the O'Neill's comments at the meeting we chose to reel down the height of the Breakfast Room and eliminate. the high transom windows and have a flat roof instead. It would be difficult to have a Breakfast table in a nook with no windows. This would be a Breakfast "Closet". 2. The Property rear setback line is 19'-0" further down the slope towards the creek. There could be a 3 story structure there at 33'-0" with a chimney projecting above that height limit per TOV standards. 3. The Family Room windows are at an angle (octagonal). Only (I) small high transom window at Family Room looks at O'Neill's house. All of the other windows at the Family room are angled away to creek. 4. There is no second floor. The covered porch is at grade off of Kitchen. It would be impossible to look from Patio to Master Bedroom- almost 40'-0" away. 5. Please see Site Plan. The Gore Creek view is not blocked. If view is that important from Breakfast Room- why did Patricia O'Neill plant 4 aspen trees directly in front of Breakfast Room windows? Regardless, there are no Town of Vail designated view corridors for this lot. 6. Per comments from Patricia 0' Neill at the first Conceptual DRB meeting we eliminated trees that would create a buffer between her house and the Alfond's. We chose to go with low growing shrubs to help protect her views. 7. Patricia O'Neill has 2 large dogs. The Alfonds are a Family by definition in the Town Code, in addition, this is a full-time primary residence. They are in a zoned Single family Dwelling. By Patricia O'Neill's standards are children still allowed in the Town of Vail? Or do they get sent away? 8. Patricia O'Neill planted trees in the front utility easement without a Revocable Right of Way Permit from the Town of Vail. Being that these trees are in the setback- they belong to the Town of Vail. For the Alfond's to gain their site distance at the top of driveway it requires (2) trees to be removed. ~ 9. There is no physical way that the houses being almost 40'-0" apart and with the angle of the sun at the end gable of the Kitchen that the Alfond's house could "Tower" over O'Neill's house and yard. It will not cast a shadow or impact light and air on their property due to Town of Vail setback requirements. '~ Rebuttal to Patricia O'Neill's (4) Alternative Solutions: None of the proposed solutions accommodate the reasons why the Alfond family is building a custom designed home for their a primary residence in the first place, but in regards to these "proposed" solutions: I. Solution # I not only eliminates essential spaces- it makes the back entertainment patio much bigger and along the entire ~ North Elevation. This would affect Patricia O'Neill negatively due to the increase in sound. This plan moves the Garage clear up to the front property line with no respect to the 20' front setback. This would require a variance with no known hardshio. ~ ~ 2. Solution #2 eliminates the Mud Room. This is an essential space. By moving the driveway further up the slope this reduces if y not eliminates the turning radius- there is no acceptable turning radius into and out of the garage. This plan moves the Garage into 20' (root setback. This would require a variance with no known hardshiu. ° `` 3. Solution #3 does not work. This requires more grading, retaining walls at the west side of the Int. It makes the Garage elevation substantially higher than the rest of the house. The goal has always been to have the main Living Room/ Dining to g be a walkout at grade. This would require more fill at the back patio to meet grade for a walkout. Again, this plan moves the Garage clear up to the front property line with no respect to the 20' front setback, this would require a variance with no ° known hardshiu. 4. Solution #4 is an unlivable alteration of the plan, and it is difficult to comment. How does one exit the Pantry? 953 SOUTN FRONTAGE ROAD WEST STE 216 YAIL COLORADO 81651 910.477.2990 910.47P.2965(F) www.khwebb.~nm MEMBER OF THE AMERICAN INSTITUTE Of ARCHITECTS MEMORANDUM TO: Vail Town Council FROM: Department of Community Development DATE: June 7, 2005 SUBJECT: An appeal of the Town of Vail Design Review Board's April 6, 2005, approval of a design review application (DRB05-0102), pursuant to Section 12-3-3, Appeals, Vail Town Code, to allow for a new single-family residence, the "Alfond Residence", located at 1345 Westhaven Circle/Lot 50, Glen Lyon Subdivision, and setting forth details in regard thereto. Appellant: Patricia O'Neil Planner: Matt Gennett I. SUBJECT PROPERTY The subject property is located in Area C, Glen Lyon, Special Development District No. 4 Cascade Village, has underlying zoriing of Two-Family Primary/Secondar)r Residential (PS), and is 21,819 square feet in total size. It is located at 1345 West haven Circle/Lot 50, Glen Lyon Subdivision (Attachment A, "Vicinity Map"). II. STANDING OF APPELLANT The appellant, Patricia O'Neil, has standing to file an appeal as the owner of a lot located immediatelyadjacentlot to the subject property: 1385 Westhaven Circle, Lot 51, Glen Lyon Subdivision. III. BACKGROUND On March 2, 2005, the Design Review Board conducted a conceptual review of the proposed "Alfond Residence" (DRB05-0040), a new single-family residence located at 1345 Westhaven Circle/Lot 50, Glen Lyori. The Design Review Board did not have any objections to the applicant's proposal. On April 6, 2005, the Design Review Board approved the proposed "Alfond Residence" (DR605-0102), in accordance with the provisions of Chapter 12-11, Vail Town Code, with no conditions and with a vote of 2-1-0 (Dunning opposed). Mr. Dunning, a resident of the Westhaven neighborhood, stated his objection was based upon the hope that a compromise could be reached. The placement, layout; building materials, and design of the proposed Alfond Residence were determined to be in full compliance with all off of the applicable Design Review Standards and Guidelines of the Town of Vail Development Standards Handbook, partially referenced later in this memorandum. The appellant was present at the April 6, 2005, Design Review Board hearing and articulated her objections to the project in that forum. On April 21, 2005, the appellant filed her appeal of the April 6, 2005, Design Review Board approval 'of the proposed Alfond Residence, DRB05-0102. On May 17, 2005, the Town Council granted a request for a continuance, pursuant to Section 12-3-3, until the next regularly scheduled Town Council hearing, June 7, 2005. IV. REQUIRED ACTION The Town Council shall uphold, overturn, or modify the Design Review Board's approval of the Design Review Application submitted by the Alfonds and their architects, K.H. Webb Architects, to construct a new single family residence located at 1345 West haven Circle/Lot 50, Glen Lyon Subdivision. Pursuant to Subsection 12-3-3-C.5, Vail Town Code, the Town Council is required to make findings of fact in accordance with the: Vail Town Code: The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this title (Zoning Regulations, Title 72) have or have not been met. V. NATURE OF THE APPEAL The appellant, Patricia O'Neil, is appealing the Design Review Board's decision on April 6, 2005, to approve the proposed Alfond Residence (Attachment B). A copy of the appellants' written statement regarding the nature of this appeal (Attachment C) is attached for reference. In Part 1 of the appellant's written statement, she suggests the proposed Alfond Residence will negatively impact her property rights in the following respects (Attachment C, p. 1): A) "The proposed dwelling will block my view of the creek and mountains on the entire East side of my home, including from my yard, and will additionally include a 24-28 foot chimney directly in front oif mywindows." , Sfaff Response: The home meets or exceeds all applicable zoning standards and design review criteria, including all minimum required setbacks governed within 1 it/e 12, Zoning Regulations, Vail Town Code, as clearly recorded and documented on staff's "Zone Check Sheet"in the legal file for this property. The chimney referenced above is 18'-20' in height, maximum, and there are no protected, official Town of Vail view corridors in this area. B) "The design of the proposed d~nrelling runs the entire length of my Eastern property line, depriving me of privacy, liclht, air, sunshine, sight and sound buffers, and open. space." Staff Response: The west elevation of the proposed structure (Attachment ~) is the least vertical of the building's sides, and meets or exceeds all the applicable standards, criteria and guidelines contained in Title 72, Zoning Regulations, Vail Town Code, including, butnotlimited to, the minimum required setbacks. Adequate light and space between buildings are being provided for and meet all applicable building codes and zoning standards. 2 C) "The proposed driveway requires me to remove trees planted on my property" Staff Response: The only trees proposed to be removed in association with the subject Design Review Application are on the Alfond's property, orexist within the Town of Vail's right of-way in that area. Part 2A of the Appellant's written statement (Attachment C, p. 1) makes reference to the precise nature of the appeal and the applicable Zoning Regulations. Indeed, all of Chapter 12-11, Design Review, Vail Town Code, is relevant and is cited in its entirety, along with other excerpts from Title 12, Zoning Regulations, Vail Town Code, in Section VI of this staff memorandum to the Town Council. Chapter 12-6, Article D, Two Family Primary/Secondary Residential (PS) District, is likewise relevant to the approval of the subject Design Review Application, DR605-0105, as it prescribes all of the pertinent zoning standards for the subject Design Review Application. The Alfond Residence proposal complies with all of the relevant regulations, standards, criteria and guidelines within the purview of the Town of Vail's Zoning Regulations. Part 2B of the appellant's written statement (Attachment C, p.2) is entitled "Facts" and does not merit deliberation herein. Part 2C of the appellant's written statement (Attachment C, p. 2-3) is entitled "Discussion" and appears to make observations and opinions which staff believes to be unsubstantiated by fact and are based on the perspective of the appellant upon which it is not the role of staff to pass judgment. Part 2C would be more suited for deliberation during the proceedings of the Town Council hearing. Finally, Part 2 D of the appellant's written statement (Attachment C, p.4) is entitled "Request" and should be heard and discussed during the regularly scheduled meeting of the Town Council on June 7, 2005. In this section of the appellant's statement, demands are made of the Alfond's to alter the design of their proposed single-family residence in a manner which more closely meets the design goals of the appellant for her neighbor's property, but not necessarily the development objectives of the Town of Vail. The proposed Alfond Residence complies with the minimum required rear and side setbacks (15'), and meets or exceeds the minimum required front setback (20') in the Two-Family Primary/Secondary Residential (PS) District. The proposed Alfond Residence likewise complies with all of the other applicable zoning standards of Title 12, Zoning, Vail Town Code, including but not limited to, height, minimum landscaping area, and maximum site coverage. The placement, layout, building materials, and design of the proposed Alfond Residence have been determined to be in compliance with all off of the applicable Design Review Standards and- Guidelines of the Town of Vail Development Standards Handbook, referenced below, by the Town of Vail Design Review Board on April 6, 2005. VI. APPLICABLE REGULATIONS OF THE TOWN CODE TITLE 12, ZONING REGULATIONS SECTION 12-3-3: APPEALS 3 CHAPTER 12-11. DESIGN REVIEW:• (excerpted in part) 12-11-1: I NTENT.• A. Attractive Attributes Recogni~d: Vail is a town with a unique natural setting, internationally known for its natural beauty, alpine environment, and the compatibility of manmade structures with the environment. These characteristics have caused a significant number of visitors to come to Vail with many visitors eventually becoming permanent residents participating in community life. 8. Area Character Protection: These factors constitute an important economic base for the town, both for those who earn their living here and for those who view the town.as a precious physical possession. The town council finds that new development and redevelopment can have a substantial impact on the character of an area in which it is located. Some harmful effects of one land use upon another can be prevented through zoning, subdivision controls, and buiMing codes. Other aspects of development are more subtle and less amenable to exact rules put into operation without regard to specific . development proposals. Among these are the general form of the land before and after development, the spatial relationships of structures and open spaces to land uses within the vicinity and the town, and the appearance of buildings and open spaces as they contribute to the area as it is being developed and redeveloped. In order to provide for the timely exercise of judgment in the public interest in the evaluation of the designof new development and redevelopment`, the town council has created a design review board (DRB) and design criteria. C. Design Review: Therefore, in order fo preserve the natural beauty of the town and its setting, to protect the welfare of the community, to maintain the values created in the community, to protect and enhance land and property, for the prorrotion of health, safety, and general welfare in the community, and to attain the objectives set out in this section; the improvement or alteration of open space, exterior design of all newdevelopment, and all modiircations to existing development shall be subject to design reviewas specified in this chapter. D. Guidelines: If is the intent of these guidelines to leave as rruch design freedom as possible to the individual designer while at the same time maintaining the remarkable natural beauty of the area by creating structures which are designed to complement both their individual sites and surroundings. The objectives of design reviewshall be as follows: 1. Recognize the interdependence of the public we/fare and aesthetics, and to provide a method by which this interdependence may continue to benefit ifs citi~ns and visitors. 2. Allow for the development of public and private property which is in harmony with the desired character of the town as defined by the guidelines herein provided. 3. Prevent the unnecessary destruction or blighting of the natural landscape. 4. Ensure that the architectural design, location, configuration materials, colors, and overall treatment of built up and open spaces have been designed so that they relate harmoniously to the natural landforms and native vegetation, the town's overall appearance, with surrounding development and with. officially approved plans or guidelines, if any, for the areas in which the structures are proposed to be located. 4 5. Protect neighboring property ovNiers and users by making sure that reasonable provision has been made for such matters as pedestrian and vehicular traffic, surface water drainage, sound and sight buffers, the preservation of light and air, and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. (Ord. 39(1983) § 1) 12-11-3: DESIGN APPROVAL: A. Scope: No person shall commence removal of vegetation, site preparation, building construction or demolition, dumping of material upon a site, sign erection, exterior alteration or enlargement of an existing structure, paving, fencing or other improvements of open space within the corporate limifs of the Town unless design approval has been granted as prescribed in this Chapter. The addition of plant materials to existing landscaping, gardening and landscape maintenance shall be exempt from this provision. 12-11-5: DESIGN GUIDELINES: The design guidelines for all development are contained in Title 14 of this code. (Ord. 22(1999) § 5) Chapter 10, Design Review Standards and Guidelines, Town of Vail Development Standards Handbook, Vail Town Code: 10. Design Review Standards and Guidelines. This section provides the design review standards and guidelines for development in the Town of Vail. Actions of the staff and the Design Review Board shall be guided by the objectives prescribed herein, the Vail Village Urban Design Considerations and Guide Plan and the Lionshead Redevelopment Master Plan, and by all of the applicable ordinances of the Town and by the following design guidelines: A. General Compatibility: 1. Structures shall be compatible with existing structures, theirsurroundings, and with Vail's environment. It is not to be inferred that buildings must look alike to be compatible. Compatibility can be achieved through the proper consideration of scale, proportions, site planning, landscaping, materiels and colors, and compliance with the guidelines herein contained. 2. Any building site in Vail is likely to have its own unique land forms and features. Whenever possible, these existing features should be preserved and reinforced by new construction. The objective is to fit the buildings to their sites in a way that leaves the naturalland forms and features intact, treating the buildings as an integral part of the site, rather than as isolated objects at odds with their surroundings. B. Site Planning: The location and configuration of structures and access ways shall be responsive to the existing topography of the site upon which they are to be located. Grading requirements resulting from development shall be designed to blend into the existing or natural landscape. Any cuts or fills shall be sculptural in form and contoured to blend with the existing natural undisturbed terrain within the property boundary.. 2. Building siting and access thereto shall be responsive to existing features of terrain 5 3. Removal of trees, shrubs, anon other native vegetation shall be limited to removal of those essential for development of the site or those identified as diseased. 4. All areas disturbed during construction shall be revegetated. If necessary, the Design Review Board may designate allowable limits of construction activity and require physical barriers in order to preserve significant natural features and vegetation upon a site and adjacent sites during construction. C. Architectural Projections, Decks, Balconies, Steps, Bay Windows, etc.: Architectural projections including eaves, roof overhangs, awnings, louvers, and similar shading features; sills, Melt courses, cornices, and similar features; and flues and chimneys may projectnotrnore than fourfeet(4') into a required setback area or into a required distance between buildings. 2. Porches, steps, decks or terraces or similar features located at ground level or within flue feet (5') of ground level may project not more than ten feet (70') nor more than one-half ('/Z) the minimum required dimension into a required setback area, or may project not more than five feet (5') nor more than one-fourth ('/4) the minimum required dimension into a required distance between buildings. 3. Balconies, decks, terraces, and other similar unroofed features projecting from a structure at a height of more than flue feet (5') above ground level may project not more than five feet (5') nor more than one-half ('/2) the minimum required dimension into a required setback area, or may projectnotmore than five feet(5') normore than one-fourth ('/4) the minimum required dimension into a required distance between buildings. A balcony or deck projecting from a higher elevation may extend over a lower balcony or deck but in such case shall not be deemed a roof for the lower balcony or deck. 4. Fire escapes or exterior emergency exit stairways may project into any required setback area or distance between buildings not more than four feet (4'). 5. Bay windows and similar features extending the interior enclosed space of a structure may project not more than three feet (3') into a required setback area or a required distance between buildings, provided that the total of all such projection does not exceed more than one-tenth ('/,o) the area of the wall surface from which it projects or extends. 6. Towers, spires, cupolas, chimneys, flagpoles, and similar architectural features not useable as habitable floor area may extend above the height limit a distance of not more than twenty five percent (25%) of the height limit nor more than fifteen feet (7 5'). D. Building Materials and Design: Building materials shall be predominantly natural such as wood siding, wood shakes, and native stone. Brick is acceptable. Where stucco is utilized, gross textures and surface features that appear to imitate other materials shall be avoided. Concrete surfaces shall be treated with tea;ture and co/orif used, however, exposed aggregate is more acceptable than raw concrete. Neitheraluminum, steel, norplastic siding, nor simulated stone or brick shall be permtted. Plywood siding shall not be permitted. 6 2. The same or similar building materials and colors shall be used on main structures and any accessory structures upon the site. 3. Exterior wall colors should be compatible with the site and surrounding buildings. Natural colors (earth tones found within the Vail area) should be utilized. Primary colors or other bright colors should be used only as accents and then sparingly such as upon trim orrailings. All exteriorwall materials mustbe continued down to finished grade thereby eliminating unfinished foundation walls. All exposed metal flashing, trim, flues, and roof top mechanical equipment shall be anodized, painted or capable of weathering so as to be non-reflective. 4. The majority of roof forms within Vail are gable roofs with a pitch of at least four feet (4') in twelve feet (12'). However, other roof forms are allowed. Consideration of environmental and climatic determinants such as snow shedding, drainage, and solar exposure should be integral to the roof design. 5. Roof lines should be designed so as not to deposit snow on parking areas, trash storage areas, stairways, decks and balconies, or entryways. Secondary roofs, snow clips, and snow guards should be utilized to protect these areas from roof snow shedding if necessary. 6. Roof surfacing materials shall be compatible with the site and surrounding buildings. The use of wood shakes and metal roofs is acceptable, however in no instance will metal roofs which reflect direct sunlight onto an adjacent property be permitted. If metal roofs are used they shall be surfaced with glow-gloss finish or capable of weathering to a dull finish. Metal roofs shall generally have a standing seam in order to provide some relief to the roof surface and be of a heavy gauge. Asphalt and . fiberglass shingles shall be permitted provided that they weigh no less than three hundred (300) pounds per roofing square foot and are of a design and color to be compatible with the requirements of this Section. 7. Rooftop heating and air conditioning equipment, large vent stacks, elevator penthouses and similar features should be avoided; however, if necessary, shall be designed to be compatible with the overall design of the structure or screened from view of all adjacent properties. Rooftop antennas shall not be permitted unless as allowed under a conditional use review as specified within the Zoning "Code. 8. Solar collectors shall lie flat on pitched roofs; however, when retrofitting an existing building with active solar, the collectors should be designed and placed in a manner compatible with the overall design of the building. 9. Deep eaves, overhangs, canopies, and otherbuilding features that provide shelter from the elements are encouraged. 10. Fenestration should be suitable for the climate and for the orientation of the particularbuildingelevation in which the fenestration occurs. The use ofboth passive and active solar energy systems is strongly encouraged. 11. In no instance shall a duplex structure be so constructed as to result in each half of the structure appearing substantially similar or mirror image in design. 7 E. Duplex and Primary/Secondary Development: The purpose of this Section is to ensure that duplex and primary/secondary development be designed in a manner that creates an architecturally integrated structure with unified site development Dwelling units and garages shall be designed within a single structure, except as set forth in subsection 2 below, with the use of unified architectural and landscape design. A single structure shall have common roofs and building walls that create enclosed space substantially above grade. Unified architectural and landscape design shall include, butnotbe limited to, the use of compatible building materials, architectural style, scale, roof forms, massing, architectural details, site grading and landscape materials and features. 2. The presence of significant site constraints may permit the physical separation of units and garages on a site. The determination of whether or not a lot has significant site constraints shall be made by the Design Review Board. Significant site constraints shall be defined a;> natural features of a lot such as stands of mature trees, natural drainages, stream courses and other natural water features, rock outcroppings, wetlands, other natural features, and existing structures that may create practical difficulties in the site planning and developrrent of a lot Slope may be considered a physical site constraint that allows for the separation of a garage from a unit. It shall be the applicant's responsibility to request a determination from the Design Review Board as to whether or not a site has significant site constraints before final design work on the projectis presented. This determination shall be made at a conceptual review of the proposal based on review of the site, a detailed survey of fhe lot and a prelirrrnary site plan of the proposed structure(s). 3. The duplex and primary/secondary development may be designed to accommodate the development of dwelling units and garages in more than one structure if the Design Review Board determin~ss thatsignificant site constraints exist on the lot. The use of unified architectural and landscape design as outlined herein shall be required for the development. In addition, the Design Review Board may require that one or more of the following common design elements such as fences, walls, patios, decks, retaining walls, walkways, landscape elements, or other architectural features be incorporated to create unified site development. F. Outdoor Lighting: Purpose: This subsection of the design guidelines establishes standards for minimizing the unintended and undesirable side effects of outdoor lighting while encouraging the intended and desirable safety and aesthetic purposes of outdoor lighting. It is the purpose of the design review guidelines to allow illumination which provides the minimum amount of lighting which is needed for the property on which the light sources are located. In addition, the purpose of this subsection is to protect the legitimate privacy of neighboring residents by controlling the intensity of the light source. 2. Approval Required: All outdoor lighting within the Town limits shall conform to the standards set forth below. For the purposes of this subsection, residentially zoned properties shall be defined as those in Hillside Residential, Single-Family, Two-Family, Primary/Secondary, Residential .Cluster, Low Density Multi-Family and Medium 8 i Density Multi-Family Zone District, as well as all special development districts which have any of the above referenced zone districts as the underlying zoning. All other zone districts shall be considered, for the purposes of this subsection, as being commercial zoned. 3. Luminance: Light sources located on all property in the Town which are not fully cutoff shall exhibit a ratio of source lumens to luminous area not exceeding 125. For example: source lumens < 125. luminous area 4. Light source: A single artificial point source of luminescence that emits measurable radiant energy in or near the visible spectrum 5. Outdoor lighting: Any light source, or collection of light sources, located outside a building, including, but not limited to, light sources attached to any part of a structure, located on the surface of the ground, or located on free-standing poles. 6. Source lumens: Total initial lamp lumens of the light source. 7. Luminous area: The maximum light emitting area of a light source, measured in square inches. The maximum light emitting area is the area oftranslucentmaterial which encases a light source. In the case ofa clearglass covering, the luminous area is the area ofthe light source. Examples of luminous area are shown below in figure 1: 8. Full cutoff.• A light source in which no more than two and five-tenths percent (2.5%) of ifs total output is emitted above ninety degrees (90^) as measured from nadir as shown in below in figure 2: Figure 1: Figure 2: rr ~ ~ ~~ ~' . dieter 4" r: +"Y~ ~ ~ ,,~, 1 ~ ~ ~ ~ ~ To*.an and Co,mtry Spot Lig[ '1Yazuhuexu.F2uasement F.adius=.~," bm~aunuarna={8X10)=80sgai b~aarnuarea=(3.13)f~^)=12ASqut 19.8" To*in aro3 Co,mfr~ Clear Gl s )t~II"o„is area = i 19; 01x (~4 .4 j = 10 .~5 L1" f I ~„ Flaws "r; le h~w,ss area = (L•:3 j = 4 sq ua F ~ ~ .~ ~~i ;~ 9. Frequency: Forlots in residential zone districts, the maximum numberoflightsources perlotshall be limited to one light source per one thousand square feet of lot area, except as provided for below. The location of said lights shall be leftopen to the discretion of the property owner, so long as the lights are in compliance with the Town of Vail's Municipal Code. Light sources which are no more than eighteen inches above grade, as measured from the top of this fixture to the finish grade below, and are either full- cutoff fixtures, as defined in Section 18.,04.137, orhave a maximum source lumens of 400 (equivalent to a 40 wattlightbulb), maybe allowed in addition to the total number of permitted outdoor light sources. The number, location, and style of such light sources are subject to Design ,Review. 10. Height Limits For Light Fixtures: a. For all light sources located in commercial zone districts, the maximum mounting height forlight sources on a pole shall not exceed thirty five feet(35'). The maximum mounting height for light sources affixed to vegetation shall not exceed.eight feet (8'). b. For all light sources located in residential zone districts, the maximum mounting height for light sources on a pole or on vegetation shall not exceed eight feet (8'). 11. Light Sources Affixed To Strucaures: For all properties within the Town, light sources may be affixed to any wall of a structure. Light sources shall not be affixed to the top of a roof of a structure. 12. Cutoff Shields: All lightsources located in comrercial zone districts which exceed fifteen feet(15') in height shall exhibit a full cutoff shield. 13. Flashing, Revolving Lights: Lights which flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsation are prohibited. 14. Exemptions: The standards of this subsectic>n shall not apply to: a. Christmas tree lights which are of a temporary nature located in residential zone districts, as listed herein, and which are illuminated only between November 1 and April 15 c>f each year. b. Christmas tree lights whhich are temporary in nature and are located in zone districts other than those nssidential districts listed herein. c. Sign illumination, as set forth in Title 11 of the NLnicipal Code d. Municipal lighting installed forthe benefit of public health, safety and welfare. e. Outdoorlight sources as set forth in Section 18.54.050 J, 2, which are within eighteen inches orless offinish grade and are eitherfull cut-offfixtures orhave a 10 maximum source lumens of 400. 15. Nonconformities: As of the effective date of this subsection, all outdoorlighting thatdoes notconform to every requirement of this subsection shall be legal nonconforrrrng outdoor lighting. Legal nonconforming outdoor lighting shall not be moved in any direction, nor shall there be any change in use or light type, or any replacement or structural alteration made to the nonconforming outdoorlighting, without the outdoorlighting conforming to all applicable requirements of Title 12. 16. Penalty: The penalty for violating this subsection shall be as provided in Section 1-4-1 of the Municipal Code. Each day of violation shall constitute a separate offense for the purpose of calculating the penalty. G. Landscaping, Drainage, and Erosion Control: Various natural vegetation zones exist within the Gore Valley as a result of the form and aspects of the land itself. The north facing slopes within the valley are typically heavily wooded with spruce, pine and aspen and generally receive less direct sunlight than the driersouth facing slopes which typically consist of sage, aspen and other vegetation tolerantofdrierconditions. The valley floorwhich is adjacentto Gore Creek consists of a wide variety of trees and shrubs adapted to the relatively fertile soil and natural availability of water. The goal of any landscape plan should be to preserve and enhance the natural landscape characterof the area in which itis to be located. The landscape scale and overall landscape design shall be developed so that newvegetation is integral with the natural landscape and the inherent form line, color and texture of the local plant communities. Since the majorobjective of the landscaping is to help reduce the scale of new structures and to assist in the screening of structures, the planting of large sized plant materials is encouraged. Special care should be taken in selecting the types of plants to use when designing a landscape plan. Final selection should be based upon the soils and climate, ease of establishment, suitability for the specific use desired, and the level of maintenance that can be provided. New planting shall use plants that are indigenous to the Rocky Mountain alpine and sub-alpine zones or as capable of being introduced into these zones. A list of plant materials indigenous to the Vail area is on file with the Department of Community Development. Also indicated on the list are ornamentals which are suitable for planting within the Vail area. The minimum sizes oflandscape materials acceptable are as follows: Required Trees: Deciduous - 2 inch caliper Conifers - 6 foot Required shrubs - #5 gallon container Foundation shrubs shall have a minimum height of 18 inches at time of planting 2. Landscape design shall be developed to locate new planting in order to extend existing canopy edges or planted in natural looking groups. Geometric plantings, 11 evenly spaced rows of trees, and other formal landscape patterns shall be avoided. 3. Particular attention shall be given the landscape design ofoff-street parking lots to reduce adverse impacts upon living areas within the proposed development, upon adjacent properties, and upon public spaces v~ith regard to noise, lights, and visual impact. 4. All landscaping shall be provided with a method of irrigation suitable to ensure the continued maintenance of planted materials. 5. Whenever possible, natural drainage patterns upon the site shall not be modified. Negative drainage impacts upon adjacent sites shall not be allov~ed. 6. Runoff from impervious surfaass such as roofs andpavemenf areas shall be. directed to natural orimproved drainage channels ordispersedinto sha/lowsloping vegetated areas. 7. Slope of cut and fiN banks shall be determined by soil characteristics for the specific site to avoid erosion, and promote revegetation opportunities, butin any case shall be limited to a maximum of two to one (2: 1) slope. 8. Measures shall be taken to retain all eroded soil material on site during construction, control both ground water and .surface water runoff, and to permanently stabilize all disturbed slopes and drainage features upon corrpletion of construction. 9. All plants shall be planted in a good quality topsoil mix of a type and amount recommended by the American Landscape ContractorAssociationcnd the Colorado Nurseryman's Association. 10. All plantings must be mulched. 11. Paving near a tree to be savE~d must contain a plan fora "tree vault" in order to ensure the ability of the roots fo receive air. H. Fences, Hedges, Walls, and Screening: The placement of walls and fences shall respect existing land forms and fit info land massing rather than arbitrarily follow site boundary lines. Fences shall not be encouraged except to screen ti ash areas, utility equiprrent, etc. 2. Design of fences, walls, .and otherstructurallandscape features shall be ofmaterials compatible with the site and the materials ofthe structures on the site. Retaining walls and cribbing should utilize natGrra/ materials such as wood timbers, logs, rocks, or textured, color tinted concrete. No chain link fences shall be allowed except as temporary construction fences or as required for recreational facilities. 3. Setbacks Observed: All accessory uses and structures except fences, hedges, walls and landscaping, or ground level site development such as walks, driveways, and terraces shall be located within the required minimum setback lines on each site. Recreational amenities may be exempted by the Design Review Board if it determines that their location is not detrimental environmentally and/or aesthetically. 12 4. Sight Triangle: To minimize traffic hazards at street intersections by improving visibility for drivers of converging vehicles in any districtwhere setbacks are required, no fence orstructure over three feet (3') in height shall be permitted within the triangularportion ofacorner lot measured from the point of intersection of the lot lines abutting the streets a distance of thirty feet (30') along each lot line. 5. Height Limitations: Fences, hedges, walls and landscaping screens shall not exceed three feet (3') in height within any required front setback area, and shall not exceed six feet (6') in height in any other portion of the site, providedthat higher fences, hedges, walls or landscaping screens may be authorized by the Administrator when necessary to screen public utility equipment. No barbed wire or electrically charged fence shall be erected or maintained. Accessory Structures; Utilities; Service Areas: Design of accessory structures upon a site shall be compatible with the design and materials of the main structure or structures upon the site. 2. Accessory bui/dingsgeverally should be attached to the main building eitherdirectly or by means of a continuous wall, fence or similar feature of the same or a complementary material as the main building's exterior finish. 3. Al! utility service systems shall be installed underground. Any utility system the operation of which requires above ground installation shall be located and/or screened so as not to detract from the overall site design quality. 4. All utility meters shall be .enclosed or screened from public view. 5. Service areas, outdoor storage, and garbage storage shall be screened from adjacent properties, structures, streets, and other public areas by fences, berms, or landscaping. 6. Adequate trash storage areas shall be provided. There shall be year round access to all trash storage areas which shall not be used for any other purpose. VII. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council upholds the Design Review Board's approval of the design review application for the "Alfond Residence" (DR605-0102), located at 1345 Westhaven Circle/Lot 50, Glen Lyon Subdivision, in accordance with Sub-section 12-3-3C.5, Vail Town Code, and the following finding: "Based upon the evidence and testimony presented, the Design Review Board (DRB) diligently followed the appropriate procedures for a design review application, in accordance with Chapter 12-11, Vail Town Code, in the case of the proposed Alfond Residence (DRB05-0102), and their findings of fact support conclusions that the standards and conditions imposed by the requirements of Title 12, Zoning Regulations, have been met as presented in each of staff's responses to the appellant's stated issues, as listed in Section V of this memorandum." 13 Vlll. ATTACHMENTS A. Vicinity Map B. Appeals Form C. Appellant's Written Statement D. Reduced Plans of the Approved Alfond Residence 14 Attachment: B ,1~;::u~ ~„~;_ Appeals Form .. • ' Department of Community Development ~~1 ~F ~t~, 75 South Frontage Road., Vail, Colorado 81657 tel: 970.479.:? 139 fax: 970.479.2452 web: www.vailoov.com ASR ~ 1 ~>?i~;; General Information: This form is required for filing an appeal of a Staff, Design Review Board, or Planning and Environmental Commission action/decision. A complete form and associated requirements must be submitted to the Community Development Department within twenty (20) calendar days of the disputed action/decision. "~ --,, ActionJDecision being appealed: __ ~ a',~r;'c~'i".. L t'~i ~~~~'~~~~.• I\~~~ ~.~..-~ l~ij;=~ ~ t7 ~~ ~~ [?~ &~ rl S G Gc. ~'1 StL 4 c'1~ ~~ i'~4. ~ ~ •t-z r~'1 . L.~ I~f' S r ~ F•r'~C. C. C`n. ~'_; _ ~C3 Dateof Action/Decision: ~~~)~a L.. ~ .;(vC'J "" '~' ~ Board or Staff person rendering action/decision: ~~1 G ti' ~, r~ r.~ ~ lac fit. rS ._ ~)v~' P'~;-,~ C c ~~ Does this appeal involve a specific parcel of Ian '~ (yes~(no) ,..,_.. . If yes, are you an adjacenft,.property owner?ff(yes~(no) Name of Appellant(s): 1(1T~ ~ U C~ ~ )~~, Mailing Address: [ ?,~s l.:J ~~"~(~h ~"~ t~; .Physical Address in Vail: Legal Description of Appella Appellant(s) Signature(s): _ il: Lot:~• Block_ Subdivision: ~ ~ r~ L ti c.~ fit (Attach- list of signatures if more space is required). Submittal Requirements: 1. On a separate sheet or separate sheets of paper, provide a detailed explanation of how you are an "aggrieved or adversely affected person°. 2. On a separate sheet or separate sheets of paper; specify the precise nature of the appeal.. Please cite specific code sections having relevance to the action being appealed. 3. Provide a list of names and addresses (both mailing and physical addresses in Vail) of all owners of property who are the subject of the appeal and all adjacent property owners (including owners whose properties are separated from the subject property by a right-of-way, stream, or other intervening barrier). 4. Provide stamped, addressed envelopes for each property owner listed in (3.). PLEASE SUBMIT THIS FORM AND ALL SUBMITTAL REQUIREMENTS T0: TOWN OF VAIL, DEPARTMENT OF COMMUNITY DEVELOPMENT, 75 SOUTH FRONTAGE ROAD, VAIL, COLORADO 81657. For Office Use O'nty ° ~ _ _ t~,.. ~ ,i '•.. Date Received. •' . ~ ~~~ ~~ Acti~nC~ Na.: ~~ `~ O Planner: _h~ f ~~ Project Na.: - ~d t' . .~ ~~' i L. Phone: ~ .~4, `-t 3 ~ l :• ~ (1 = ~ cl ~ 3 ~ (i•~t APPEALS FORM Attachment Glenlyon Subdivision, Lot 50 Alfond Residence Attachment C I am an aggrieved and adversely affected person inasmuch as I am the owner of Lot, 51, the adjacent lot, with dwelling thereon. The proposed construction on Lot 50 will adversely affect my property rights and significantly diminish the value of my property in the following respects: A) The proposed dwelling will block my view of the creek and mountains on the entire East side of my home, including from my yard, and will additionally include a 24-28 foot chimney directly in front on my windows. B) The design of the proposed dwelling runs the entire length of my Eastern property line, depriving me of privacy, light, air, sunshine,.sight and sound buffers, and open space. C) The proposed driveway requires me to remove trees planted on my property. 2. The precise nature of the appeal is as follows: A) The Town of Vail has enacted legislation to ensure that property development is regulated and that ALL property owner's rights are protected. In so doing, the Town of .Vail expressly acknowledges that 1) Adjacent land uses can adversely effect one another; 2) Aspects of design not adequately covered by other regulations but which .may substantially effect neighboring property owners, must nonetheless be considered; and 3) Each dwelling must be ensured adequate light, air, privacy and open space. The following Zoning Regulations are applicable to this appeal: Section 12-11-1, Subd. (B) states, in relevant part, that "The town council finds that new development can have a substantial impact on the character of the area in which it is located. Some harmful effects of one land use on another can be prevented through zoning, subdivision controls, and building codes. Other aspects of development are more subtle and less amenable to exact rules put into operation without regard to specific development proposals." Section 12-11-1, Sub. (C), which provides for the creation of a Design Review Board, whose purpose is, in pertinent part, "to protect the welfare of the community," and "to protect and enhance land and property". Section 12-11-1, Sub. (D)(5) expressly states, in relevant part, that one of the five guidelines and objectives of the Design Review Board is to "Protect neighboring property owners and users by making sure that reasonable provision has been made for such matters as...sound and sight buffers, the preservation of light and air, and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. (Ord. 39 (1983), Sect. 1)." Section 12-6D-1, concerning the Primary/Secondary Residential District, and governing the Glenlyon Subdivision, states,. In relevant part, that "The two family primary/secondary residential district is intended to ensure adequate light, air, privacy Page 1 of 4 and open space for each dwellir~... B) FACTS: The Design Review Board is required to take into consideration, the effect of development on neighboring property owners. In this instance, though I attended two Design Review Board meetings concerning Lot 50, and submitted my objections to the proposed design, in writing, none of the objections I raised were adequately addressed. I was, in fact, summarily dismissed by Ms. Rogers and Mr. Hanlon who clearly had already made their decisions prior to the hearing and were uninterested in what I had to ,say. C) DISCUSSION: 1) Property values in the Town of Vail have increased enormously within the past five years. Homes in Glenl~yon characteristically sell for several million dollars. am informed that the home on Lot 51, and the proposed home on Lot 50 are valued somewhere-in the $15,000,000 to $8,000,000 range. 2) Property located on the creek is more valuable than property not located on the creek. In this instance, both Lot 50 and Lot 51 are located on the creek. 3) Property with creek and mountain views is more valuable than properties lacking those views. The proposed) construction on lot 50 will significantly block my creek and mountain views and by so doing will diminish the value of my property. Because of the value of my property, I pay a great deal of money for annual property taxes. A portion o~f those taxes goes to support the town of Vail. In my view, the Town of Vail has, or should have, a duty to protect ALL citizen's property rights by evoking tlhe above cited provisions, where, as in this instance, it is necessary to balance the equities between conflicting adjacent landowners in order to preserve the value of BOTH properties-not one at the expense of the other. 4) The Town of Vail and the Design Review Board have enacted legislation to protect and enhance the value of land and to protect neighboring property owners and users by making sure that reasonable provision has been made for such matters as sound and sight buffers, privacy, open space, the preservation of light and air, and those aspects of design not adequately covered by, other regulations which may have' substantial effects, on neighboring land uses. The design of the single family dwelling on Lot 50 will be the equivalent of having a 10-30 wall along the entire length of my property. 5) The Town of Vail has acknowledged the importance of view corridors by specifically regulating them within the town limits, not only in the public interest but for all property owners effected thereby. (Town of Vail Zoning Regulations, Chapter 22.) 6) The equities of both effected property owners should be balanced. It is patently unfair to allow construction of one dwelling where its design diminishes the value of the neighboring property„ One neighbor should not be entitled to arbitrarily build out a site at another's expense. In this instance, I was informed that the owners of Lot 50 had considered reversing their footprint, which would have had Page 2 of 4 far less impact on my property. They decided against it because their driveway- longerthan any other in the neighborhood-would have to be re-worked. 7) The proposed construction on Lot 50 is the last property to be developed on the creek in Glen Lyon. Every other structure on the creek, when it was built, was restricted in size due to maximum square footage requirements. Subsequently, the regulations have changed from square footage to a footprint, allowing for a much larger dwelling. Though all of the lots are approximately the same size, the proposed dwelling on Lot 50 will be approximately 2000 square feet larger than any other dwelling on the creek, to the best of my knowledge, thereby blocking much more light, air, sun, view, and allowing for less privacy and open space. D) REQUEST: I have never asked to have it 100% my way, or even close to that. I have removed my objections to their design, a modern structure, inconsistent with the neighborhood. I have removed my objection to their dwelling extending the entire length of my property line. I have removed my request that they reverse their footprint, even though such reversal would have no impact on Lot 50 or Lot 49's views. I have focused on the most important and offensive elements of their design in an attempt to be reasonable. t have offered to work with the owners of Lot 50 and have asked to meet with them. They have, to date, declined to speak with me and have shown no interest in modifying their plan in any respect whatsoever, to the best of my knowledge. To the contrary, I was told by Kyle Web, Architect, Lot 50, that I was wasting my time with the Design Review Board, that the DRB has no authority and that the owners of Lot 50 may and will build whatever they wish, regardless of how it effects the quiet use and enjoyment or the value of my home, so long as Lot 50 complies with setback and design guidelines. Based on the foregoing, I respectfully respect that the Vail Town Council take the following action: 1) Eliminate or relocate the proposed family room which extends out past the natural bench and curvature of the land, and is the most intrusive element of the proposed design on Lot 50. 2) Eliminate the 24-28 foot chimney which extends above the family room roof. 3) With respect to the removal of my trees and possible relocation of the fire hydrant, I have met with Thomas Kassmel, town engineer, and have agreed to a compromise. Mr. Kassmel has proposed that two of my pine trees be moved back. The owners of Lot 50 would pay for the relocation, including the sprinkler system, and warranty the trees. The fire hydrant would not be moved. If this is not acceptable to the owners of Lot 50, Mr. Kassmel has informed me that the driveway will have to be relocated. If for any reason, the proposals of Mr. Kassmel are not effectuated, I would ask that the Town of Wail support (i.e., order,) his compromise. 3. Names and addresses of effected and adjacent property owners: °Mr~=Andy-Mrs~John Alfond - Page 3 of 4 ~E ALFOND RESIDENCE ~ ~^ ~~ LOT 50 ~ ~ 1345 WESTHAVEN CIR ~ . GLEN LYON SUBDIVISION ~ ~ VAIL, COLORADO - ~ ~ REVISED FINAL DESIGN REVIEW SET 04.01.2005 e °' ~.. ~~ cErNeRALNOrI¢s: p~ ECTSUMMARY; oo r,r pROJECTTEAM: DRAWINGINDEX: _ , »o „„a,w.,a ~ ~'• Cotle: "`°UO"„~ ~r,, ""r1O1"" ~°" • ' ~O1^'~O1"1C9NM1ChO1 °tlQD ARCHITECT ~ A0.1 TOPOGRAPHIC SURVEY 1"=20'-0" w w , , 7 a • 1MERNATIONAL RESIDENTIAL COOE 2003 K.H. WEBS ARCHRECTS P.C. L-1 SITE GRADING PLAN 1"~10'-0' µM~~M~r~c'"~`*~w~~N~rMr~ - „N,1 Construction Type: 95]~SOUM FRONTAGE RO. SUITE 216 VAIL CO BI657 ~ L•2 L-3 LANDSCAPE PLAN SECTION6 WALL DETAILS 1"=30'-0" VARIES T pe V• non rated PH. 970A771990 Y FX, 970.1773965 A2.0 MAIN LEVEL FLOOR PLAN 1/4'~l'-0" rwaarwmo,arnww,u. w..marwu.m Occupancy ClaSSlRCatian: ltudlo~khwebb.com A2.1 UPPER LEVEL FLOOR PLAN 1/4".1'•0" onwwn wno. CONTACTS A2.2 MAIN LEVELIGARAGE)/LOWER.LEVEL 1/4"=1'•0" oawwmwv...u."owu.m wu•nra.+cuu TYPE R DIV. 3 KYLE H. WEBB I HEATHER BARIUE A2.3 ROOF PLAN ~ 1/8' =1'-0" Separatlonz: .ccmoma naw•.r.cw~.m.~ron wwaaou•~ room ..w~..u w~.w GENERAL CONTRACTOR A2.4 GRFA CALLS. 1(B".1'-0" e.,oo.w,w"a ooo.murwA wunooa,omuraooa 1Hour lGaraOe/Resldaicel A2.5 ELEC. 57TE~6LAN k".10'-0" I ~"` 1 Hour (Mech./ ResidL9xe) ~ SCHAEFFEA CONSTRUCTION PO BOX 773 A3.0 ELEVATIONS 1/4'~1'-0" C rolw,oow lovno,a "1,...e»xecv:lu,mu..a w.vro„~~ VAIL CO 81659 A3.1 A3 I ELEVATIONS ~ ELEVATIONS i/4"~1'-0" 1 ^ 0" ' ,,, 1. ow~i u~icn n.x,r mm . om= nm.no,~i.w~•wnw~ .w.rr~~ PH. 970.8159656 CONTACTS: . - /4 .1 - ~- . '""" ~ ~ m a a ~ BRIAN GILLETTE ~n ~ m rm. uc•a n urwm• • ww~,wuM~r, w •a r.onnM~wrw, «m T~~,wro us,ea.wna • msoa.,.eo,m.crol zvuurmuwlu iolan=.wc.uuwruu ose LANDSUPE ARCHITECT ' ~ ~~~ ~ 3'... .ra..9,.".=."..w.v.~ acremwwow,w c O1~^'m"'w` COLORADO LAND ART $TUOIO, INC. ~ yA .+a.ov"c..uc uo~u.ocr.~uoTMUCami..6i~rmro.u ruvv.•cooe PO BOX12S7 EAGLE. C081631 _ g ~v 9`~3 wnc•oo w.c°"n""a'.w`"'°c°a'nn u° ~ PH. 970.376.2977 € w ino u•~ww r.w an9wm. •xw u.,cvnwrc•u=wa CONTACTS: "- awr,uwwr ..va ua.ou•c lr.urnL.. w.w,wa.mamu. CRISTIAN BAS50 O w.runnnal•wcn.w..oaumwr.. caratm~ wcw I~ ~~ STRUCTUMLENGINEER ' wwa.sur.u oorwc ouna.wrw o:n ne •nw•.o.aww."a.+a.•1an•now...~a. •o ruw cwr w u . n w~ STRUCTURAL DESIGN SOLUTIONS,INC. PO BOX 2494 uur~.w.ti~.rw "4`'Opy~=•0'~~' ~'~~,ro~~r`q° M ~ AVON, CO BI610 r.oweawm.•wu awr .m PH. 970.919,7100 i wu' • FAX. 970.919.3)77 ' ,`u•.o mmo.°asa'u n°°'rnwur Kelnwawnwunennsvnenw CONTACTS: ' _ __ ^" JEFF LEONARDO croonw".wiw.nroi w~ rco ~n ~` a,. mow,^'~ INTERIOR DESIGNER CHENAULT A ASSOC. INC, - r 9 911 n: uu ~~mwu.rwc s"wa"n raw•..amc•w,ww.m. o. v.= PO BOX 1671 X1 911W1 Ir o VAIL CO 81659 ; 91, r , PH. 970.926.231 I u+.cn mn,e wrl umunoro,lr..u uuvm,"w..mnw. PH. 970.390.3386' 11117191{: CONTACTS: Lea OII41Wn4 4I.Irt00S ~awlwoowrunw e«urwcl •elumwow.rm.rno•w i..w.. ro ,.on.. w wcn.w, w.•o,o n. um a o...vm...u JAN CHENAULT ~ If7.aIe40[191Wnu 01017045 4,wn.».,wr<m..~..w•..rn..b.n~,. .w>...o•w.awr.ra I (OVFRSH(Ei A0.0 f- ' I •/•~ I '. JIB i r ~~ I r i / i i i I ~i i 1 1 /. 4/w~ ~ Ig ~i ~. ~i xu e / ~ CORE CREEK i~ ddi i ~ ti/ sw~.no+'; ise~QU.ps ~ I i i ,ice ... z~ µ,.a.Mw ac i r i m, r +~. r i~ - i ~_~ ~` I ~ ~ I 106 ~ / \ ... _"N ~ ~ r ~z \: \ T M.; if~1\~ '` - 9,:35 ' == -- ~ ~ r-~\ yl' `I ~ i y~ j ~ a\ \ 5 X720 ~5 1 .Y~ ma r/ ' ~ `V I r ~/ ~ yw ~ 1• \ \. m 1~; L Jr~%LOT 50 / `\ ~ 1 ~ / LOT 52 ~ ~ _ \ I ~' 1 i d~ 1 ~ ~ L /ie' ~ ~ 1 '~ -, ~ ~ -• ~ b n . 1 C / qF p murc e.a n is i wiV° i 1 `ice m f tom ~ 11734'44' R~200.00 S 60'42'N' E ~ _ . / 7g21 ~ L~43.91 20.00 5 ' e / ~ / ~ ~ N 7621'46' E ..»v I ~ 40'55'3(1' R ~ 205.00 10.22 ..~ ~ 40 L ~ 146.43 E R 1 V 0 ~y E S T H A V E N i i ~~ i i ~. ~~~~/: ~~,%~ .~ / 1~~:; `'po' ~' f ~'~ 612 . `~btii/~~~/ S ~ J .~ ~ LOT 49 moo. . ~ 8. t < 4t~„ ~,ti ............... ......• ej~0 ' . 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EApa ofmad 15'-6' stone wags ' --_-._.-- ....-..- ---- _... _.. . _ ~.Cross~ection =Access to-Residence---- ~ ,...,.a sd. ~. , 6 ~ -`-~ i~~`~4~ ~o~ ~~~~~~ C o l o r a d o m - ~ ~ ''~~ ~ ~ = I I Isl II~~ I Alfond Residence Land Art Studio ,Inc. 9 I~ r a 1 g MOT FOR CONSTRUCTION msi°si°itlvo"'"'°` 'w[PrS44rY2t ~ _ I D fq' I 3 I . alnr xeren l L___ CL-_-~-- ~ u~ I u dl Qi API I a ~l n I n I II r'= =_a r I- r Tn I; r n-~~;- r T -I'P4- ~ or..m..m. I I II1 __ _ l i l ; 1 1 1 1 l i l - -- '~~••~ _ - 1I i I I I rro - a~ ~ ~.~ I I I I I I I 111 I -- I n 1 1 1 1 I I -_ r.ro I 111 I I l i I I ~.~,I,r.l : I I - - - 7 11 I ~ Iir~"`"1 i I i i i~ °~°A~~ fl ' o...mww. `1\ 1( FAMILY --1LI-L1J_L-J-L1 J.l.L_ __ _~I RF mly '-lll ~~__ T~r--ITll-rTl-fT~-rT~'i T~ rl~i r~-i i'--~T' Lh4 I II 1`wl~M~l I I I 11 II I p' 1 I I :I 11 I I I I I I 1 I r I .\ 20< -~1 111 I I f'"4 ~i I I l i ~ l l 1 ~~ . _,__. _.._ I I I 1~! ~ i i l! I I I I l l~' I ~ ~ I I I I I I I I I I~ 1 1 I \ ~~ _ I /\ rur,r~ry,r. 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I.new.pno: u.o9]w.rn...9w.a r.nxy: . sa.x xwlne c.rycw. nwaxnw rao,.r..l: ..e99, ].99c ...e. , ]ne rr ui.,.w anr.; rlo°°x°; ' .In Ww• 1190 q rxe9l.rw6 w 1.10'sl• t]15 W •p r yvw IGYxII• e.5 w r.I IT.Y.I• ]]0 .r al.w,w l...b. ~n :~ ,?.'.9x rmu:7,~a GF~ eA ,~ .°tr ~^ Q ~ ~ c a~ L V C "~v ~ CC ~~~ ~ o~ ~~ ~s a"'_ .. •Q BASEMENT DEDUCTION N' • 5'A• ~~ ~ rloltn: ouvl n: x] Sus: avr.mos If II110]{: IYI]a15NhT4 01.11.]pa! m.9 fn1104 SU1WI14 aai raps BASEMEHf CHIC. A2.4a ~~ ~" ~~ ~; ~L a~-- it ...t:`,` ~~ - fnt ~fll l":'i'frrr J-lT--r tll Y.l ..l l'r~~;~ '~ I::: • 1 1 11:11111:111 ".11111 1 1. I l: l r l• 11. 1..+'11111 n11:^*~~1 II 11.1111 IIi . ... If..':111'•Il ~~,~.~llliill!1 il! ~' x~-" - ,_ ;:, ~ I ,_. ,- ': I I I :~ 1 1 I:1 :: _._. I I' ,1 11 1 r ~}ry i it II J ; I~_: _. II I..:_ . j .~:=."=:i.C VAULTED>l6'-0•GRFA IT.,Q .)001 [v1111.119 W /r1. use[ ~umia.e mn u'. 9nm.nls[elwn m111n wp[nM9 fp9cbl p•veb lo'rvwn ii' a«. J)' JIenOIIee11. IO' 11)1 1).091 pAR npuVM es: I. IlM J 4[np[• ]06M uop.. [.r11 lab'[I• I is al VOwr Yv. IGu[s0. 6[f p aenl-von Vpp•r I•.N mW[.a •Ii011. 910[1 mt[wnt OMSq•Ll [r ,n ~ ~ i ~ ~ ~ ~ a~ 3 s W V ~ ~ u c/1 ~ f r ~ ~Bs ~ ~ 3$~ ~~ .3'' eE C S 0 Q ,ID,lfl: DIIMM 11: 11 D 11 [: 01,1[A05 I /11111011: f1VlDOwW1iLL D]II.100: m:oruwwwwnu oamlaos i GRFA (ACCG. a2.4 3 H•Im _ ___ HASIS OF EIEVAiION: ' SEWER MH ASCNUILi INVEkI EL. 8007.9 MEAS. RIM EL = 8016.7 FNi). PIN & CAP'` ~ ' LS. M ,3174, ~ .~ ~,~~ __~... __~ _.. "~- 806).3 UEIx r t\. 4J ER EASEMENT / /~~~~ ~ / \ \ \ ~ S8• ,__ \ ~ 9\ \ ~ ,~ 8 \ _~ - ~ ~ ~':- _\ \ ' / -~ ~` ~~,,. _ \ \ SEWER 4 ~ / ~__\ 1 k'NU. f IN & CAN--~---___ _~ !- ' FIRE NVUU~ ~- L ,4 BO6B. ) / _ \~ C _ ~/ / \ 0.1 ~~ =r \ ~~T ` \ / ~ \1 / ~~~ / \ ~ a "PHONE P r_ _.~- ~~ ^ ~ _ V ~~ ~~' ~ ~ N PEO ix ~- ~ tlO6B.6 G - ~ ~ ' / / / ~ ~ ~ i i -' - ~ x ' BO65.8 BOEJ.9 8061.9 ~ k 1 ^ W E S T H A ~ E N / .~ \ ETECTRICAL SITE PIAN EXTERIOR LIGHTING uDONttcNi[R. ]0 w, lAW • WIrXLE REL, towxDK COPP[R/ LDPPER y r.tw ucwnNC/ n LUUW4RE. 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Q ,1011(1: D 11w111: YI D 11 [ : 0111.}DDS 1111110D {: IDLL DII DIUIDIW W.I I.100S m: orw @I sowrtu aaLNOs fIEVAilONS A3.0 _-Ie~YD~LLY -_...._---',--i ~ Wt~l CLCVgIIUN '7-Y.mY.ria -~~-~- ~~ ~~ ~e _~ ~o ~~ ~ ~ ~ ~ a~ w 3 s ~~ a~ V C "C C ~~~ a° ~W ~v ~ 3 4 110~l 11: D urD u: DI D I 1 [ : 0)111005 II 11110 Y1: IW4 D4 LDWIW ODIII005 tlY, D IDW DU SDWII4 01 OI A05 Frrvnnoes A3.1 ~~ _~ ~~ ~~ ~' s s ~ s a G1 ~~ ~]L " ~r.,~, ~ ~ euw eaw m, o touts /, .n...• ~n.~~ .ww,wo.r.r~~Rwr~r, sr i~i,wa snorers, nxsw:.wcx wai raxs~iz. ~ iw~it wrr.a: u: cmw ro..o !.u~,r,.r...... _ Y.. _. _ _ . smwE v~eweui ._________.__.~tw ~ °fa,-s,:a~- G SOUTH ELEV/..._.. 1 WEST-0ELEVATION ur . r ~J u.~. ra I i I v i _v r H ~~n ' ~ ~B~ GC ; ~~ -p .~~ C ~ O _~ Q i nelscr: ouws n: ss o~s r t: m.usws ~ unison: rowmsiswnu w.ir.mr. moo rwumsuwmu ~ wmxos EIEVAilONS A3.2 17 APPEAL OF DESIGN REVIEW BOARD APPROVAL LOT 50 GLENLYON SUBDIVISION VAIL APPELLANT: Patricia O'Neill Owner, Lot 51 BACKGROUND: Lot 50 is the last lot to be developed along Gore Creek in the Glenlyon subdivision. Thus, it benefits from the knowledge that the structures on either side of it are fixed. Understandably, the owners of Lot 50 wish to build their home so as to maximize their views. Views not only enhance one's use and enjoyment of one's home, but also greatly enhance the value of one's property. The footprint of the proposed construction is similar to that on my lot, Lot 51. The principle difference between the two parcels is that 1) The footprint of the proposed construction is larger than my footprint due to the subsequent change in regulations allowing greater square footage; 2) The proposed construction runs the entire length of my eastern property line up to the property line setback, while my home is centered in my envelope, with significant setbacks from Lots 50 and 52; 3) My home does not block any views from Lot 52, while the proposed construction on Lot 50 will significantly impact my views as well as my open space, light and air; and 4) My home is designed so as to maximize the privacy of both myself and my neighbors while the family room, breakfast room, and covered porch of the proposed construction on Lot 50 will look directly into the windows of my Master Bedroom suite, including its very private covered porch and sitting room, a bay window which is a focal point for my home, and my television room, whose east wall is solid windows. When 1 originally filed this appeal I had only seen a schematic and the staking of Lot 50. The schematic did not depict windows and a second fireplace that is in the middle of my view. Nor did it depict a covered porch which appears to look directly into my covered porch and Master Bedroom. Additionally, the property staking was inaccurate. It did not correctly depict the size of the family room, nor did it show the breakfast room extension. I have now seen the blueprints. Accordingly, additional issues have arisen of which I was not aware of before. ISSUE: DOES THE TOWN OF VAIL HAVE A DUTY TO UPHOLD ITS OWN REGULATIONS IN PROTECTING THE RIGHTS OF A NEIGHBORING PROPERTY OWNER WHERE NEW CONSTRUCTION SUBSTANTIALLY INTERFERES WITH VIEWS, LIGHT AND AIR, PRIVACY (SIGHT AND SOUND BUFFERS,) AND OPEN SPACE, THEREBY DIMINISHING THE QUIET USE, ENJOYMENT, AND VALUE OF ONE PROPERTY FOR THE BENEFIT OF THE OTHER? Page 1 of 3 'q OBJECTIONS TO PROPOSED CONSTRUCTION: Because the proposed construction is built up to the edge of the property line setback and along the entire property line between Lot 50 and Lot 51, there will be almost no buffer for sight and sound between the two homes. The close proximity of the two homes will exacerbate the following already troubling conditions: 1) The proposed breakfast room extension, a room protruding out from the rest of the house, and whose walls are solid windows, will look directly into my bay window; 2) Directly in front of my Bay window, covered porch, sitting room and television room, in my direct line of sight, will be two chimneys-one which appears to be 20 feet high, and the other which appears to be 24 feet high. The 20 foot chimney is almost to the property setback line. 3) The proposed family room windows look directly into my television room and bay window. 4) The huge proposed covered porch on the second floor extends from the pantry to (and including part of) the family room. It will look directly into my covered porch and master bedroom. 5) The proposed family room extension severely impacts my creek and mountain views from my bay window, television room, sitting room and covered porch. Please note in the attached section from Lot 50's topographic survey, that creek and mountain views were a major consideration in the design of Lot 50's home. Are their views more important than mine? 6) I am additionally fearful that once the owners of Lot 50 realize we are looking into one another's windows they will take the curative measure of planting large trees directly in front of my windows which will further obstruct my views. 7) The new owners of Lot 50 are a young family with a one year old child. I am extremely concerned that when windows are open, or I am outside, particularly on my covered porch, the noise will be intolerable. 8) The excessively and unnecessarily long driveway abuts my property line, requiring the removal of some of my trees in order to provide sight clearance for Lot 50. 9) The enormous mass of the proposed structure towers over my house and yard. We are in a narrow valley at the base of the mountain. Hours of sunlight are few. Because the new construction runs the entire length of my property line, it will severely diminish my morning sun, particularly in the winter. Page 2 of 3 PROPOSED ALTERNATIVE SOLUTIONS:. SOLUTION #1 A) Eliminate the family room, including its chimney. B) Eliminate the covered porch. C) Switch the location of the breakfast room and kitchen stove (in other words, put the breakfast room where the stove is and vice versa.) D) Relocate the driveway. SOLUTION #2 A) Move the entire house back at least twenty (20) feet toward the street (Westhaven Circle). 1) The position of the garage will most likely have to be slightly modified so as to fit within the envelope. Alternatively, it could be moved to a different location or the mud room could be eliminated or shortened. B) Convert the family room fireplace from a gas log to a gas appliance, thereby enabling the 20 foot chimney to be eliminated. C) Eliminate the family room windows on the west side of the room. D) Redirect the covered porch so that the windows face north toward the creek, not west as currently designed. E) Relocate the driveway SOLUTION #3 A) Flip (reverse) the floor plan. This has no effect on Lot 49. B) Move the entire house back twenty (20) feet toward the street. C) Convert the family room fireplace from a gas log to a gas appliance, thereby enabling the 20 foot chimney to be eliminated. D) Redesign the driveway SOLUTION #4 A) Relocate the family room to the area of the Pantry, Coat closet and "Jill's Office". B) Relocate the pantry, coat closet, and "Jill's office" to where the mud room is. C) Either eliminate the mud room or move it and the garage up toward the street. D) Either eliminate the covered porch or redirect it so that the windows face north toward the creek, not west as currently designed. E) Convert the family room fireplace from a gas log to a gas appliance, thereby enabling the 20 foot chimney to be eliminated. F) Relocate the driveway G) Switch the breakfast room and stove CONCLUSION: The proposed construction on Lot 50 should be built so as to: 1) Be in conformity with and respect existing structures on either side of it; 2) Balance its views with those of adjacent landowners; 3) Maintain sound and sight buffers and privacy of adjacent landowners; and 4) Maintain open space, light and air for adjacent landowners. Page 3 of 3 APPLICABLE TOWN OF VAIL.RE.GULATIONS The following authority supports this appeal. All Sections quoted below are from the Town of Vail Regulations. Section 12-11-1, Subd. (B) states, in relevant part, that "The town council finds that new developmen#-can have a substantial impact on the character of the area in which it is located. Some harmful effects of one land use on another can be prevented through zoning, subdivision controls., and building codes. Other aspects of development are more- subtle and less amenable to exact rules put into operation without regard to specific development proposals." Section 12-11-1, Sub. (C), which provides for the creation of a Design Review Board, whose purpose is, in pertinent part, "to protect the welfare of the community," and "to protect and enhance land and property". Section 12-11-1, Sub. (D)(5) expressly states,. in relevant part, that one of the five guidelines and objectives of the Design Review Board is to "Protect neighboring property owners and users by making sure that reasonable provision has been made for such matters as...sound and sight buffers, the preservation of light and air, and th®se aspects of design not adequately covered by other regulations which may have substantial effects ®n neighb®ring land uses. (Ord. 39 (1983), Sect. 1)." Section 12-6D-1, concerning the Primary/Secondary Residential District, and governing the Glenlyon Subdivision, states, In relevant part, that "The two family primary/secondary residential district is intended- to ensure adequate light, air, privacy and open space for each dwellin4..." \~/ 0 ~ f: d F fin. - ~ -'i- ~ _ ~ ' ~~. ~ - ~~,~,~ ,.: r.. ~~t t- ' ~ ~ ` ~-"~ ,`,~ ^ ~ -.._ ~~'. ~, ate. G - . ~. \ `. ~~`T'~,T _.__~_-..d' ~ - ~. - \~~ , d r -! c^ ' i/ -- ~_ ~. _ l ~ \\\\\ i r'4~ ! P ~'{ Y •r ! EAST SIDE OF LOT 51 u ~. dv' n. . ~_~ t '~~` ~Dc~- 1 'K '4 . f _ ~ i ~~ ~ -i ~t `?. ~ { ~ ~ 'i 1 ~ .~ ~, ., ~ 4 ~ f \; ,~ ~. .~. F - ~ ~ ~ S1 ` w w ~ o, Sri. ~? 1 ~ ~ ~' ~ -4`~~ ~_~ ~ ~ ~~~_ ~ ~ ~~`~ ~ _ t 4-~ _ ` ~' t ~# a ,,;w.g_ j ~ ••~~: . _ ~, _ `' `~ EFFECTED ROOIVdS OF SOT 5'I: t~OVERED PORCH, Sd`l~'Ii~G R®OIVlI, T.V. ROO~11 ACID BAY 11~INDOW - - - ~i'~' - - - - - _ , ~. ~. ~~ ` ~ ~ "~ ~,4 '~ ~ 4 ~ 'J 1 . (1 - .Y2 ~ .,.. c .. 1. i ~ 3 ~ ~ W~ N - ~ 0 ~ .. 4 .~~, ~ - ~~ O ~ ~ ~,~ ~. ~~ ~ ~ w Y ~ _ .~ p - •. ,, C e' a _.~ .: 9. 3 ,~~.~~ru~4 ~' .~i. r ,, ~ ~~ tsf ~ a5 ~ - ,. 3 ~~. ~rl y '' :~n- ~x ,Ili ` _.-~.,y~~ ~~ ~.y . ~-wrP` ~ III f~4r 'Ri _ ~~", ~! f ;,.+'t'.:A 11 f rte... 1~.[ ~, ~ ar" .f .~. ~"' ' ~~ .-~- s h , ,. r L J _ 1 1' _ ~ r" ~'~, ~a r s J~ . r ~, ~ .w r: ~ .d,yr r ~ ~ „ttq.u.l ~ftPY~. . #i"~ • ~-:t d "~ _ ~r iew-. ~ .i~ - may" :~;\ _~i-~'a.~ '~~w~ ~~ '~j 4 ~ l {e'~ q~°'_ r~~~~ _. 1Ci ~M~~ ~ r ;F ~ i ~ ~LMY., ~ ~. ~ i ~~ .. +~ } . '' ~ : ~t"} - of ~ i. ;. K. _ _.. 1 1 ~., t,.~.. -f~-:. ~;_~ r~. ~ 24 FT VIEW FROM EAST SIDE 20 FT. ~4w^_,r. .,:'.~ , ~ ~ EY OF O'NEILL RESIDENCE. ~ ,~~ ~~r' CHIMN HIMNEY ~~ a ~ . .. ~I O j ~; ~~ ~: : - .. ;~ nn- ~ ~ ~~ ~ ~ -~ ~s ~~~ + '~ M ey~11r~" ~ . ,,, u r ,'~ ~" ~ ~ ~,. ~ ' ~} . ~~ L'.'_ ', t x ~ ~~~ ~„ ~~_ `'~'z Z ~« , ~ Q 9 -~ -z ~ ~ ~z~ ° _~ o .~ ~~ ~ I~ ~, 6 a `£J ~~~ ~~~~~.sL~ ~~ 4 ,~; - ~,x-~~ l~}i-1} ~ E+J THEIR FAMILY ROOM, BREAKFAST ROOM AND COVERED PORCH ALL LOOK DIRECTLY INTO OUR Hf1M~ nAl TLIC c w n~ ....... ~~ '~~ t~..~ S~ ~ a: ~' rl~~' 20 FT. CHIMNEY ' ~_ . , ..~ ~~~ . . WINDOWS IN THEIR FAMILY ROOM AND BREAKFAST ROOM WILL LOOK DIRECTLY INTO WHERE WE DINE AND WATCH TV VIEW FROM BAY WINDOW OF O'NEILL RESIDENCE 1 e ^~ i; ~~~,~'• ~~j WALL OF WINDOWS ~~ '~ ' COVERED ~: PORCH ~. ter 1~ `r ~ ' • ~~ ~ ~ ~~ ~ a Z O ;T ~ ~ f '*e , . _-~~ ~:_ • `' BAY WINDOW ! ~' . f 1 ~ _,: 1< :.t: - -. r.~~,~i ~~ ~ .. ## _ ~ 5 a ,` ~.. , ~; ~' .~ r~ ' ~~ :~~: r' aro ~ ~~ '`' ~ ~ r _ CHIMNEY + ~.:~j ~~~ ~~ ~. E~ .:_ .FAMILY t - ~«~ .:=~'=- ::` - ~, ~, _ , ... ~ . .- {.. ROOM HEIGHT -- - _.~- VIEW FROM TV ROOM OF O'NEILL RESIDENCE x M.A. BRAMANTE 1285 WESTHAVEN CIRCLE VAIL, CO 81657 970-476-8232 970-476-2780 FAX e-mail MABR.AMANTE(a~AOL.COM May 31, 2005 To Vail City Council This letter is in support of John and Patricia Moore's concerns, regarding the close appoximation of the house proposed immediately to the north of their home. Unfortunately, we have had a similar experience, which resulted in the loss of a beautiful down valley view and necessitated placing trees on our deck to eliminate direct views from the windows of the new home into our bedroom and great room and frosted windows in our bathroom. Recently we have had to have the trees removed as a result of possibly overloading our deck. All this at expense to us We complained to the inspector at the time, with no result as the design review board had spoken. We feel to this day, that this unfortunate experience could have been avoided with timely and thoughtful review from both the board and the neighbors. We hope you look positively on the Moore's request so they may not be intruded upon, as we have been. Thank you. Sincerely, G~~ ~~ M.A.Bamante and Eleanor Bramante ~ _ U 4t v~ ~•~`, - 1~ (fit ~ ~ ._~~_~: _: GCJRE CREEK iD i , - ~ ~.~`~ /~ ~' ri-t\, 1 ~ - ~y ~ ~ _~ w -'' ~ t - ~a t41., ~/ 50' SETBACK LINE (~.~'t~~i.,'• FND PLAIN r0 TO THE CENTER. OF GORE CREEK ` ' ~ ~ ~ '/ ~5 REBAR ~$~ ' ' ~' // •. ~~. ~ - ~ r" ~,.i / .~ ' FLOOD PLAIN ~ _ t ' --~' 8'~ 18 / ~~ / . -. 1 ~.~~ / \ /. 1 1~ :BASIS OF f IEVATtQPI: ~ ~ ~ ~ `/ - SEWER MH , ~ '~ / ~lSSt11lT INVERT EL =8007.9 • r~AS. Rliu EL = 8ats.~ ,s N ~2 2 ~ / 1 ~ ~ 820 +:: cAP - - ~ ,~- • 1~ `~ ~. :~ _~ - 1.25.4 -\ ::' ~ `. ~ ~~ •_- 1 - SEWER EASEME ~ ~ / ._..~-g430 ~ ~ l ~ - / - / ~ ~- ~ ~ ./ / ., _\ i ~ , ~ ~ , : ~9,~~~~ . LQT 5 C • ~ ~ 2 ~ ,a2o sO. FT. VIEWPOINjJ -~Og AC. . r1. ,.s l >~ ~ .~ I~~. .Q. 8 ~^ ~J '- ,: ~ -~ 1~-'`.' ~ J 1 . \ 0 ~~°` / -~. ~~~ ., -, \~ ///L ~s SEWER EA i _~ l .\ ~t3` ~~ ~ \ ~~, ; ~~J L®TS 50 AND 51 Depicts close proximity of structures, view blockage, and views into one another's windows. (Please note: The 18 foot long family room has been scaled back in this depiction so as to accurately show the relationship of the two structures.) ~s ~~ F ~. ~~,~ . - ~..,- -- ..~ ~w ~ .~ a :-~-r w.-_ f 1 a ~: ~~®s~- l ~~" ¢- ®`T~ ~ (~ ~~a~ ~~r`c.~~~~~ 5 ~a /o, ..-' "1 ..: ` ' ~~, CORRECT S~_ ~~,`~T 50 GROUND FLOOR /N ~ SOLUTION #1 ~-~ .~~~ n,u,,a rrrrn 1 INI ~.-~~.~~ ~ r m=~ir~nt~r~rn ~; r __---- lII~ II IiU N II flll It to ±II tl 1111 II Ii rur r , .. ........... . . ~~~:v,'in;iY~i2':e; a„7u~wv{r~;, .. Gy.. i+,,; '~ ...~ ~~. .• ,.: Utg@y Feeement ... , .. . ' i i I I I i ~ ~~ , a ~~~ ~ k: ~1~ V ,, ~ i i i I I I I i I i i sne~~evenon ^ .1Q6' .,jS yl;'~i~~~-.-----Property Une (Typical) . r~ ~ ~ •"'ea r.° _,,. Zp~ ~.i'-~~ ~ ~' ~ i ~ •;,,. ;; Sewar Easement Fnd Pin & Ca ~ .- ~ - - +.~,.ir, mr~ ~ r ~ ~,~~`'' ~ . ~.,,. , 0 15' Buliding Setback L.S. # 13174 - ~'"' ~~~~!,..~ ~ ~ .. ~' ~'='~ ''",. ~ ~ ~ ~ ~.~ roposed Building Layout _ r .r : i r 1 ~ ~ / / / ~ ~ aL . ~ ~. LOT Si ~ 11 ~r l~ ~ !~ • •.'/1. ~}'~ 1''~ • ,t ~ , // LQ7 5Q ~ :,.• ?,,1 ~; ~ ~ coos 1 ,. / ,; 1 ExiS+ +"/' r Proposed Driveway Existing Rock Fnd P,iri & Cap L,S, # 13174---' ! ~ - .,.. , ~.~` Fire ~~ ~~ j'~1~Z~~~ ~~ ~ / ~,,,.,~ 8065.8 .• ~„„ ~•'•••~ /~(( •~/,~ • • 8083,9 Westhaven Drive lydrdr~ ,.~n...,(,.,,,,,..1:, • 806I~9 eos~~..,..:. ~ ~ .~ ~' ~t t:~,y,. . .. ~ ~..~ ... b y5' .. ~d •/j~ ~ BeSa~ MHevOtldl .~ ~6~QO ~r~' ~ ;;;;~ ,,~ aaa~it rmerc el ^eoo~,s ~ ~c • ~ ,~: ~ , ,, ~ ;~----Property Une (Typical) Meas. wm EL ^ 8or ~ ,15 • .• • N~yt2o~.,! ~__,-~; ~ti ;,r.. Sewar Easement Fnd Pin & Cap ~ . - - - •..~• ~ - ~ ~ y ~,,w~ ~, ; '',;~ ; ~-----15' Building Setback L,S, # 13174 - ••'' / ~'" ... .- u~+ti went ..,•° ~!~ ~ ~.. ,, "''"'" ,~,~...~ .- -- ~ ~ -~ vr:. ~ p sed Bul I (BO3o}ro o Id ng layout .... ... .~ ......, ........ ,.(8020} + - ~ ..•- e ~,,r' ~. ,..e ^ ~,. "w ~ .+'~' y ~'"° -r •~ ~ ` ,+~ ~ 1 1 ~ ~ ~ ~ I LQ7 50 I ~ ~, ~~; ~~:~ ,, ~ (BOSO} M / ' ~ ~ ~ / ~~;; i~ ~ / % • r ' , . ~ ~ • ~ / / ~'~ • / ~ ~'~' / • ~~ i , / ~ (8060} ~ ,.;• ~ / ~•• (050}..$r' /~ /~ •,. ..~^~~ ~~~/ ~/ /~• ~•.~ ~..` Proposed Driveway ' / ` "'' ~i~ ~~ y ~• ~~'~/ '••8068.6 ••,~ existing Rack ~ ~~ ,~ ,.- ~ ~•~f ~ r• / ~,.____ ~. Fnd P,iri & Ca ' •;:~~ i ~ f~/,~,..~' ~ I 12 34 44 •~`• L.S. # 1317`1 ~-~.'~ 1 ~ •J~"" ~'~ ~ ~...•.,• Ra2~0.~0 •,,, '"" .~,.~. / 6 10,78 0 ~ .;+'' L=43,91 ,Y.•f" ~' /y~a~,'4 " / .,•~••..~~ 6065,8 . /5 / ~''~ ..• •~~`" •'~•q....,.,,,uw..wu*-....• •r •1 / I .rt~••• ..,6063,9.. "' ~ ' / Westhaven Drive Fire Hydrae 1.....s• .. +.. •.......~.;, .,. 8061,9 805@.3 ~ ~ b ' ,..~ . ~ . ,, x z~ .,, ~ ~ 'JFf ' ~" y 'r'.~ rii r ~ ~ .. ~ ~{I r r4 it N, ~ 1 ,,.. ..S i~ {',, • '~'' r a w ~ ~ ' ~,Q4 Yr~p .~-- .-- ' .- ,, ~., i eeob of 8levedon /~ / OA +~'r '"' ' Mew R)m ~ H,808100~.9 ~ ~~0~ y,5° ~1;I'. ~ .. ~ - ~ ~`..... ,,, :' ^ "' ~ Fnd Pin ~ Ca .- - - ~ .~..~ i % - - ~ „~.~ , - : ~.;~ ~. L,S, # 13174 ~,.• ~ .''~ ,, ..',„A,-.'- -- ,, y • ,~ ,~/~ ri-' ~, r'" ~ .wr'y' r. -~ "" " ~ - ~~,~ k' • (803 fr , ~ .. \ . I roperty Line ('typical) eWar EaSemc+nf 5' Buildinc roposed B . ... ;(9020) 1 / -~ • - - + ~ "~ ~ ~ ~,, .r "~ ~ ~ ~ ~ w~ I j '' ~ '' - ~ ~ (8040) -~~ - ~ ~J I'`r '~~ i ~~,"~ -i~~i~/ice ,i' '~ ~-~~? ~ i / / ~/ ~~ /~ / e o~ ~ r ~ r i ~. y~, ~~ (. ~ ~ 'i 1 ~ ' r,°i / ~ ~i sr_; ~ ~, ~ is / Existing N:~ 0 Z. w~ ~. ~ , / , ~ ~' -,~~ ~, ~, ~ i ~, ~ i~ - ~ ~ , /'!, ' , r - !! ~ / ~ Phone Ped ~ i ~. ~ r r ..~ ~ Ped I ~r ~ , i ,.-~' 2or ~ , , , solo ~ ~~ ' Proposed Driveway (~ ~ r ~~'"~%% !%'~ ,.. '~~.1"''rr ''~aoee.e - i ~ .. ~ i / ~-~--Edge of Pavement Existin Rock r ~r~~ ~ ,°."% / / '~_~ N 9 1 ~ ~';: ~ i,...~'r'.h .-, i / 1n12 34 44 Fnd P,iri & Ca 1 ~ `' i • ~ /;y~"'' ~ , ,,f...'. " ~~ a 2oo.do ~';-:~ r .:f/ / / ,.:+"' L=43.91 L.S. # 1317 - ..~+/ ~ ~ ~ 46„,~ 10,78 , 4~ .,~~ •' 8065.8 .... .....•'''•/ ~ r~ ~ •°,~........~~~~' Westhaven Drlve ...............-.......... : "~" 8063.9 Fire Hvdrar,+t ~ - i; .... ~ ~'.. SOLUTION #4 -" = - mlrrcnlTfl,`~l i i 111 II IlII II it Ilii I I ~ II! li Ili1 II II II(:' I ;-, .~~1I IlII11il Ifilll i Iiii ~-- - i I ~ ~ r n ~~ (T]~ITff~t3lif-(1 r ~-- lil II illl it II Ilil II I~ ill II IIII li li Illl I II ~~~~ ~~ !II Il j~u a ii yin n ru ~l- rt inn ii a, ,,,, , ,1 NI II IIII II I: II'i (I I11 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING ,~ May 23, 2005 1CllWNOFVA(I, PROJECT ORIENTATION -Community Development Dept. PUBLIC WELCOME MEMBERS PRESENT Chas Bernhardt George Lamb Rollie Kjesbo David Viele Anne Gunion Bill Jewitt MEMBERS ABSENT Doug Cahill Site Visits: 1. Vail Village Inn -100 East Meadow Drive 2. Talisman Condominiums - 62 East Meadow Drive 3. Olgilby Residence - 2883 Kinnikinnick Road Driver: George Public Hearing -Town Council Chambers 12:00 pm 2:00 pm A request for final review of a conditional use permit, pursuant to Section 12-6E-3, Conditional Uses, Vail Town Code, to allow for construction of a Type III Employee Housing Unit (EHU); a request for final review of a variance from Section 12-13-4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code; pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a Gross Residential Floor Area garage credit; and a request for final review of a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code; located at 2883 Kinnikinnick Road/Exception to Phase II, Vail Intermountain Swim and Tennis Club Condominiums; and setting forth details in regard thereto. Applicant: Chuck Oigilby Planner: Bill Gibson ACTION: Approved with conditions MOTION: Kjesbo SECOND: Viele VOTE:6-0-0 Conditions (Conditional Use Permit): 1. This approval shall be contingent upon the applicant receiving Town of Vail approval of the design review application associated with this conditional use permit request. 2, This approval shall be contingent upon the applicant submitting written approval from the Vail Intermountain Swim and Tennis Club Condominium Association. Conditions (Variance): 1. This approval shall be contingent upon the applicant receiving Town of Vail approval of the design review application associated with this variance request. . 2. This approval shall be contingent upon the applicant submitting written approval from the Vail Intermountain Swim and Tennis Club Condominium Association. Bill Gibson presented an overview of the request and the staff memorandum. He noted that the flood plain modification request had been withdrawn. The applicant, Chuck Olgilby, along with George Sink and Tom Warzecha were available for comment. There was no public comment. The Commissioners voiced their support for both the conditional use permit and variance requests. They noted how the requests complied with the review criteria, that the EHU met a market sector that needs to be addressed more often, and that the variance meets the intend of last years GRFA amendments. A majority of the Commissioners encouraged the applicant to return with another variance request for more GRFA than is currently being proposed. Commissioner Lamb noted his general concerns about the private financing challenges related to the purchase of deed restricted EHUs and the potential effects of foreclosure proceedings on EHU deed restrictions. 2. A request for final review of a conditional use permit, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for a professional and business office (real estate office) for the Vail Plaza Hotel and Club, located at 100 East Meadow Drive #3/Village Inn Plaza, Phase IV', Lot M, N, O, Block 5D, Vail Village Filing 1 and setting forth details in regard thereto. Applicant: Vail Village Inn, represented by Connie Dorsey Planner: George Ruther ACTION: Approved with conditions MOTION: Viele SECOND: Gunton VOTE: 4-2-0 (Kjesbo &Jewitt) 1. The conditional use permit for the professional and business office shall expire on April 30, 2006, at which point the use of the tenant space as a professional and business office shall cease. Any future similar use shall require the issuance of a conditional use permit. 2. The applicant shall submit written documentation to the Town of Vail Community Development Department for review and approval identifying a minimum of three enclosed parking spaces presently located with the parking structure of the Phase III Vail Village Inn Condominium building for use by the tenant of said professional and business office. Upon termination of said conditional use permit, the allocation of the three parking spaces shall revert back to the Vail Plaza Hotel as contemplated by Special Development District #36, Vail Village Inn. This condition shall be addressed prior to occupancy of said tenant space. George Ruther presented an overview of the proposal and the staff memorandum. Connie Dorsey, applicant, noted the temporary nature of this request and their willingness to distribute general information related to "Nail's Renaissance". Waldir Prado, commented that: the use will not be a real estate office, "show room" and "information center" with no third party real estate transactions. He noted the use will last through the Fall of 2006. Connie Dorsey clarified that club sales will occur at this location. Kaye Ferry, noted her opposition to this proposal and related it to the recent Nico. Vail CUP request denial. Commissioner Jewitt noted his opposition to the request and related it to the recent Nico Vail CUP request denial. Commissioner Kjesbo also noted his opposition. Commissioner Lamb noted he abstained in the Nico Vail decision, but is supportive of this request due to it temporary nature and specific location. Commissioner Gunton noted her support for the request and believes the request complies with the criteria and will occupy an empty tenant space. Commissioner Viele noted his support for the request and noted the 1 year limit versus the long term request of Nico Vail. He noted that supply and demand should dictate the allowed use of this space. He made a connection to the temporary Vail Resorts offices in Concert Hall Plaza and Treetops buildings and the "Vision Center" in Lionshead. Commissioner Bernhardt noted his concern about a long term office use, but is supportive of a temporary nature of this request. 3. A request for final review of a major exterior alteration, pursuant to Section 12-7A-12, Exterior Alterations or Modifications, and a final review of a variance from Section 12-7A-10, Landscaping and Site Development, .pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the construction of a new underground parking garage and an above ground elevator tower, located at 62 East Meadow Drive (Talisman Condominiums)/Lot L, Block 5E, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Talisman Condominium Association, represented by Resort Design Associates Planner: George Ruther ACTION: Approved MOTION: Kjesbo SECOND: Jewitt VOTE:6-0-0 George Ruther presented an overview of the request and the staff memorandum. He noted that the landscape area request has been withdrawn as the proposal complies with the prescribed development standards. The applicant was available for questions. There was no public comment. 4. A request for a recommendation to the Vail Town Council of amendment to the Lionshead Public Facilities Development Plan to include the use of tax increment financing as provided by the Urban Renewal Law. The specific description and area for the Lionshead Public Facilities Development Plan are in the Community Development Department. The general description includes that area north of Gore Creek, west of Middle Creek, east of Red Sandstone Creek and south of Interstate 70 in the Town of Vail. Applicant: Vail Reinvestment Authority Planner: Russell Forrest ACTION: Approved MOTION: Kjesbo SECOND: VOTE: 5-1-0 (Viele opposed) Russ Forrest and Malcom Murry presented an overview of the proposal and the staff memorandum. There was no public comment. Commissioner Jewitt noted his support. Commissioner Viele noted that he is opposed due to its negative affect on other taxing bodies 5. 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 Plan Recommendations, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Rick Pylman, Pylman & Associates, Inc. Planner: Bill Gibson ACTION: Tabled to June 13, 2005 MOTION: Kjesbo Second: Lamb Vote: 6-0-0 6. 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: Table to June 13, 2005 MOTION: Kjesbo Second: Larrob Vote: 6-0-0 7. A request for a final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for an amendment to an existing platted building envelope, located at 971 Spraddle Creek Road/Lot 8, Spraddle Creek Subdivision, and sE;tting forth details in regard thereto. Applicant: Franco D'Agostino, represented by Zehren & Associates Planner: Matt Gennett ACTION: WITHDRAWN 8. Approval of May 9, 2005 minutes MOTION: Viele SECOND: Kjesbo VOTE:6-0-0 9. Approval of April 25, 2005 minutes MOTION: Viele SECOND: Kjesbo VOTE:6-0-0 9. Information Update 10. Adjournment MOTION: Jewitt SECOND: Gunion VOTE:6-0-0 The applications and information about the proposals are available for public inspection during rE:gular 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, fior information. Community Development Department Published May 20, 2005, in the Vail Daily DESIGN REVIEW BOARD AGENDA ' May 18, 2005 ~~~~~,~ . 3:00 P.M. PUBLIC WELCOME PROJECT ORIENTATION /LUNCH -Community Development Department MEMBERS PRESENT Sherry Dorward Pete Dunning Lynne Friztlen Joe Hanlon Margaret Rogers MEMBERS ABSENT SITE VISITS 1. Deveric - 1760 Alpine Drive 2. Olgilby - 2883 Kinnikinnick Road 3. McWilliams -1141 Casolar Drive, Unit B 4. Talisman = 62 Meadow Drive 5. Forest International - 45 Forest Road 6. Vail's Front Door -Vail Village Ski Yard 7. Manor Vail - 595 Vail Valley Drive 8. Halpert Residence -1054 Homestake Circle Driver: George PUBLIC HEARING -TOWN COUNCIL CHAMBERS Vail's Front Door DR605-0208 Conceptual review of a major exterior alteration (new development) Vail Village Ski Yard (a more complete metes and bounds legal description is available at the Town of Vail Community Development Department) Applicant: Vail Resorts, represented by Jay Peterson Conceptual review: no vote 2. Halpert Residence DRB05-0162 Final review of a residential addition (new garage and bedroom) 1054 Homestake Circle/Lot 6, Block 1, Vail Village Filing 8 Applicant: Michael Halpert, represented by Snowdon Hopkins Architects ACTION: Approved MOTION: Hanlon SECOND: Dorward VOTE:5-0-0 3. Olgilby Residence DR605-0173 Conceptual review of new construction (type III employee housing) 2883 Kinnikinnick RoadNail Intermountain, unplatted Applicant: Chuck Olgilby, represented by Warzecha Enterprises, Inc. Conceptual review: no vote 12:OOpm 2:OOpm 3:OOpm George Bill Bill 4. Manor Vail Lodge DRB03-0155 George Final review of proposed exterior modifications and site improvements (redevelopment) 595 East Vail Valley Drive/Lots A,B,C, Vail Village Filing 7 Applicant: Manor Vail Lodge Association, represented by Zehren Associates ACTION: Tabled to June 1, 2005 MOTION: Hanlon SECOND: Fritrlen VOTE: 5-0-0 CONDITION(S): 5. Manor Vail LodgeDRB05-0182 George Final review of a minor alteration (temporary access stair and walkways) 595 East Vail Valley Drive/Lots A,B,C, Vail Village Filing 7 Applicant: Manor Vail Lodge, represented by Bob McCleary ACTION: Tabled to June 1, 2005 MOTION: Hanlon SECOND: Fritrlen VOTE:5-0-0 CONDITION(S): 6. Forest International LLC DR605-0060 Matt Final review of a residential addition (new living spaces) 45 Forest Road/Lot 33, Block 7, Vail Village Filing 1 Applicant: Forest International LLC, represented by Steve Riden ACTION: Approved with conditions MOTION: Hanlon SECOND: Dunning VOTE: 5-0-0 CONDITION(S): 1. That only the architectural design of the structure itself is approved with this motic-n. No site work, landscaping, grading construction staging or construction access may be commenced until a new site, landscaping, and draunage plan is submitted to staff and approved by DRB. 2. That stamped PE drawings be submitted for any retaining walls over four feet (4') and a civil engineered drawing be submitted for any changes to the retaining wall parallel to Forest Road which currently enables access. to the site. 7. Deveric Residence DRB05-0192 George Final review of a minor alteration (new fence) 1760 Alpine Drive/Lot 4, Vail Village West Filing 1 Applicant: Jacqueline Deveric ACTION: Approved with conditions MOTION: Dorward SECOND: Hanlon VOTE: 5-0-0 CONDITION(S): 1. That the application is approved pursuant to the revised site plan dated 5/18/05 which indicates a reconfigured fence location, the addition of nine new trees, and the installation of gray wire mesh. Any revisions to the revised plan shall require a new review by the Town of Vail. 8. McWilliams Residence DR605-0191 Elisabeth Final review of a minor alteration (window replacement) 1141 Casolar Drive, Unit B/Lot A7, Block 1, Casolar at Vail Applicant: John McWilliams, represented by K&H Windows ACTION: Withdrawn 9. Talisman Condominium Association DR605-0160 George Final review of new construction (parking/elevator, stair structure) 62 East Meadow Drive/Lot L, Block 5E, Vail Village Filing 1 Applicant: Talisman Condominium Association, represented by Resort Design Associates ACTION: Tabled to June 1, 2005 MOTION: Hanlon SECOND: Dunning VOTE: 5-0-0 CONDITION(S): 10. Heckmann Residence DRB05-0168 Elisabeth Final review of a new single family residence 1783 Shasta Place/Lot 14, Vail Village West Filing 2 Applicant: Chris Heckmann ACTION: Approved with conditions MOTION: Dorward SECOND: Hanlon VOTE: 5-0-0 CONDITION(S): 1. At the time of building permit submittal, a professionally engineered design of the wall designated to support the ERWSD access road must be submitted for review and approval. 2. At the time of building permit submittal, a signed form signifying the applicant's acceptance of the ERWSD proposal for the access road must be submitted for review and approval. Staff Approvals Baker Residence DRB05-0178 Elisabeth Final review of change to approved plans 4126 Columbine Drive, Unit B/Lot 16, Bighorn Subdivision Applicant: Bruce, Baker, represented by Kustom Kastles Racquet Ciub Owner's Association DR605-0186 Matt Final review of a minor alteration (repaint) 4770 Bighorn Road/Vail Racquet Club Townhomes Applicant: Racquet Club Owner's Association Berlik Residence DRB05-0184 Matt Final review of a minor alteration (deck and French doors) 1592 Golf Terrace, Unit 59/Vail Golf Course Townhomes Applicant: Leonard and Laura Berlik, represented by Jeff Lutz Builders, Inc. Betty Ford Alpine Gardens DRB05-0151 Warren Final review of a minor alteration (reconstruct pond and landscaping) Betty Ford Alpine Gardens/Ford Park unplatted Applicant: Melissa Kirr, representing Betty Ford Alpine Gardens Baltz Residence DRB05-0187 Warren Final review of change to approved plans (stain color) 3786 Lupine Drive/Lot 6, Bighorn Subdivision Addition 5 Applicant: Steve and Marty Baltz, represented by Ray Terrell Vickers Residence DRB05-0143 Elisabeth Final review of a residential addition (new entryway) 3140 Booth Falls Court, Unit A/Lot 5, Block 2, Vail Village Filing 12 Applicant: Kenneth and Rebecca Vickers H & K Management DR605-01,77 Final review of a sign 953 South Frontage Road/Vail Lionshead Filing 2 Applicant: Linda Osterberg, representing H & K Management Elisabeth Muns Residence DRB05-0189 Final review of a minor alteration (new flagstone stairs, replacement of timber walls Matt with boulder walls) 1648 Spring Hill/Lot 1, Vail Valley Filing 2 Applicant: Ludmilla Muns, represented by 2Vs Landscaping Bruno Residence DR605-0147 Final review of a minor alteration (deck addition) 1990 Chaminox Lane/Lot 36, Buffehr Creek Subdivision Applicant: Luca and Jennifer Bruno Bill The Lodge at Vail DRB05-0151 Bill Final review of a minor alteration (tree removal) 174 East Gore Creek Drive/Lot A, Lodge Apartment Condominiums Applicant: The Lodge at Vail, represented by Mason Home Services, Inc. Bailey Residence DRB05-0155 Matt Final review of change to approved plans 1287 Vail Valley Drive/Lot 2, Block 3, Vail Valley Filing 1 Applicant: Gary and Brenda Bailey, represented by Land Designs by Ellison Massa Residence DRB05-0172 Matt Final review of a residential addition (deck enclosure). 400 East Meadow Drive, Unit 7/Lot 5D, Vail Village Filing 1 Applicant: Jorge Massa, represented by Michael Suman Architect Rojas Residence DRB05-0171 Matt Final review of a residential addition (deck enclosure) 400 East Meadow Drive, Unit 6/Lot 5D, Vail Village Filing 1 Applicant: Enrique Rojas, represented by Michael Suman Architect Harding Residence DRB05-0179 Matt Final review of a minor alteration (deck addition) 1660 Sunburst Drive/Lot 12, Vail Golfcourse Townhomes Applicant: Kenneth A. Harding, represented by Jeff Lutz Builders, Inc. Tollefson Residence DRB05-0202 Matt Final review of changes to approved plans (tree removal) 325 Forest Road/Lot 18, Block 7, Vail Village Filing 1 Applicant: Roger Tollefson, represented by Sergerberg Mathew Architects Bridge Street Associates, LLC DRB05-0199 Bill Final review of changes to approved plans (revised landscape plan) 303 Gore Creek Drive/Lot 7, Block 5, Vail Village Filing 1 Applicant: Bridge Street Associates, LLC, represented by Douglas M. Dechant, AIA Withdrawn Mesch Residence DRB05-0090 Elisabeth Final review of a minor alteration (deck addition) 50456 Main Gore Drive/Lot 34-B, Block 19, Vail Meadows Filing 1 Applicant: William G. Mesch Treetops Condominiums DRB05-0153 Bill Final review of a minor alteration (re-roof) ' 450 Lionshead Circle/Lot 6, Block 1, Vail Lionshead Filing 1 Applicant: Treetops Condominium Association, represented by TCC Roofing Contractors The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing Impaired, for information. DESIGN REVIEW BOARD AGENDA ~, June 1, 2005 ,~~~~ 3:00 P.M. PUBLIC MEETING PUBLIC WELCOME PROJECT ORIENTATION /LUNCH -Community Development Department MEMBERS PRESENT Sherry Dorward Pete Dunning Lynne Fritzlen Joe Hanlon MEMBERS ABSENT Margaret Rogers SITE VISITS 1. Haley Residence - 2844 Snowberry Drive 2. Dantas Residence - 1787 Alpine Drive 3. Seven Vails Corp. - 1837 Alpine Drive 4. Peterson Residence - 1969 Circle Drive 5. Treetops Condominiums - 450 Lionshead Circle 6. Yue Residence - 665 North Frontage Road, Unit 33D 7. Dikeou Residence - 3526 Beaver Dam Circle 8. Crossroads East One LLC - 143 East Meadow Drive 9. Sutphin Residence - 4842 Meadow Lane 10. Fritzlen/Pierce Residence - 4969 Meadow Drive Driver: George PUBLIC HEARING -TOWN COUNCIL CHAMBERS 12:OOpm 2:OOpm 3:OOpm Forest International LLC DR605-0060 Matt Final review of a residential addition (landscape plan) 45 Forest Road/Lot 33, Block 7, Vail Village Filing 1st Applicant: Forest International LLC, represented by Steve Riden ACTION: Tabled to June 15, 2005 MOTION: Dunning SECOND: Dorward VOTE: 4-0-0 2. Pinos Del Norte DRB05-0124 Warren Final review of a minor alteration (tree removal) 600 Vail Valley Drive/Pinos del Norte, unplatted Applicant: Pinos Del Norte Condominiums, represented by Nedbo Construction, Inc. ACTION: Tabled to June 15, 2005 MOTION: Dunning SECOND: Dorward VOTE: 40-0 . 3. Dikeou Residence DRB05-0190 ~ Bill Final review of a residential addition (garage, media room and dining room) 352B Beaver Dam Circle/Lot 5, Block 3, Vail Village Filing 3rd Applicant: Panayes Dikeou, represented by AH Architecture, PC ACTION: Tabled to June 15, 2005 MOTION: Fritzlen SECOND: Dunning VOTE: 4-0-0 4. Yue Residence DR605-0206 Elisabeth Final review of a residential addition (extend house to edge of existing deck) 665 North Frontage Road, Unit 33D/Sun Vail Condominiums Applicant: Thomas Yue, represented by TRD Architects ACTION: Tabled to June 15, 2005 MOTION: Dunning SECOND: Dorward VOTE:4-0-0 5. Seven Vails Corp. DR604-0579 Elisabeth Final review of change to approved plans (regrading driveway) 1837 Alpine Drive/Lot 49, Vail Village West Filing 1st Applicant: Seven Vails Corporation, represented by David Flinn ACTION: Tabled to June 15, 2005 MOTION: Dorward SECOND: Fritzlen VOTE: 4-0-0 6. Olgilby Residence DRB05-0173 Bill Final review of new construction (type III employee housing) 2883 Kinnikinnick Road/Vail Intermountain, unplatted Applicant: Chuck Olgilby, represented by Warzecha Enterprises, Inc. ACTION: Approved MOTION: Fritzlen SECOND: Dorward VOTE: 4-0-0 CONDITION(S): 1. Prior to building permit submittal, the applicant shall revise the proposed vehicle turn-around area to be constructed of the same material as the driveway, to not exceed 24 feet by 2;4 feet in size, and comply with all Town of Vail engineering standards. 2. Prior to building permit submittal, the applicant shall revise the landscape plan to acid three additional Colorado Blue Spruce (minimum height of 8 feet) and 8 shrubs to the northvrest_ corner of the site. " 7. Sutphin Residence DRB05-0188 Elisabeth Conceptual review of a residential addition (new stairway and funicular chair structure) 4842 Meadow Lane/Lot 10, Block 7, Bighorn Subdivision Addition 5 Applicant: Liz Sutphin, represented by Michael Pukas ACTION: Conceptual review, no vote 8. Manor Vail Lodge DRB03-0155 ~/Varren Final review of proposed exterior modifications and site improvements (redevelopment) 595 East Vail Valley Drive/Lots A,B,C, Vail Village Filing 7th Applicant: Manor Vail Lodge Association, represented by Zehren Associates ACTION: Approved with condition(s) MOTION: Fritzlen SECOND: Dunning VOTE: 4-0-0 CONDITION(S): 1. That this Design Review Board approval (DR605-0155) is valid only upon the applicant receiving Planning and Environmental Commission approval of an application for a miinor amendment to SDD No. 38, Manor Vail, to allow for the relocation of an exterior elevator tower on proposed Building "C". Failure to receive all required Planning and Environmental Commission approvals shall cause this Design Review Board approval to become null and void. 9. Manor Vail Lodge DRB05-0182 Final review of a minor alteration (temporary access stair and walkways) 595 East Vail Valley Drive/Lots A,B,C, Vail Village Filing 7th Applicant: Manor Vail Lodge, represented by Bob McCleary ACTION: Tabled to June 15, 2005 MOTION: Dunning SECOND: Hanlon VOTE:4-0-0 10. Talisman Condominium Association DR605-0160 Final review of new construction (parking/elevator, stair structure) 62 East Meadow Drive/Lot L, Block 5E, Vail Village Filing 1st Applicant: Talisman Condominium Association, represented by Resort Design Associates ACTION: Tabled to June 15, 2005 MOTION: Dunning SECOND: Dorward~ VOTE: 4=0-0 11. Peterson Residence DR605-0203 Final review of a minor alteration (reroof, repaint) 1969 Circle Drive/Lot 30, Buffehr Creek Subdivision Applicant: Richard Peterson ACTION: Tabled to June 15, 2005 MOTION: Fritzlen SECOND: Dorward VOTE:4-0-0 12. Fritzlen/Pierce Residence DRB05=0220 Final review of a minor alteration (playhouse addition) 4969 Meadow Drive/Lot 11, Block 5, Bighorn Filing 5th Applicant: Lynn Fritzlen and William Pierce ACTION: Tabled to June 15, 2005 MOTION: Dorward SECOND: Dunning VOTE: 3-0-1 13. Dantas Residence DR605-0196 Final review of new construction (new single family residence) 1797 Alpine Drive/Lot 40, Vail Village West Filing 1st Applicant: Michael Dantas ACTION: Tabled to June 15, 2005 MOTION: Dunning SECOND: Fritzlen VOTE: 4-0-0 Warren George Elisabeth George Elisabeth 14. Haley Residence DRB04-0392 Elisabeth Final review of a residential addition (new living room, bedroom and garage) 2844 Snowberry Drive/Lot 18, Block 9, Vail Intermountain Applicant: Mike and Maria Haley, represented by Bobby Ladd ACTION: Approved with condition(s) MOTION: Dunning SECOND: Dorward VOTE: 4-0-0 CONDITION(S): 1. Prior to building permit plan submittal, the applicant shall apply for and be granted a Revocable Right-of-Way permit from the Town of Vail Public Works Department. 2. Prior to building permit plan submittal, all utility company signatures shall be received and submitted to the Town of Vail. 3. At the time of building permit plan submittal, the applicant provide the Town of Vail with professionally-engineered and stamped drawings of all walls on the site that are proposed to be greater than four feet in height. 4. At the time of building permit plan submittal, the applicant shall agree to a staging plan with the Public Works Department. 5. At the time of building permit submittal, the applicant shall submit a new site/grading plan for approval by the Planning and Public Works Departments, which specifies revised grading at the south and southwest of the garage. 6. Prior to final certificate of occupancy, the applicant shall ensure that all lighting upon the building complies with the Town of Vail lighting regulations specified by Title 14, Vail Town Code. 15. Treetops Condominium Association DRB05-0212. Warren Final review of a minor alteration (re-roof) 450 Lionshead Circle/Treetops Condominium Association Applicant: Treetops Condominium Association, represented by TCC Roofing Contractors ACTION: Approved with no conditions MOTION: Dunning SECOND: Dorward VOTE: 4-0-0 Staff At,provals Shirley Residence DRB05-0204 Bill Final review of changes to approved plans (landscape plan) 303 Gore Creek Drive, Unit 8/Lot 8, Block 5, Vail Village Filing 1st Applicant: Erickson Shirley, represented by Nedbo Construction Suggs Residence DRB05-0198 Bill Final review of changes to approved plans (removal of 2 trees) 1045 Homestake Circle/Lot 3, Block 1, Vail Village Filing 8th Applicant: Steve Suggs, represented by Fritzlen Pierce Architects Snowmaking Vault DR605-0110 Warren Final review of a minor alteration (replace existing pump) Tract A, Forest Place Subdivision Applicant: Vail Resorts, represented by Braun and Associates, Inc: Marriott Mountain Resort DRB05-0209 Warren Final review of a minor alteration (new chiller) 715 West Lionshead Circle/Lots A, B, and C, Morcus Subdivision Applicant: Vail Corp., represented by Mauriello Planning Group, LLC Slifer, Smith and Frampton Sign DR605-0201 Elisabeth Final review of a new sign 230 Bridge Street/Lot B, Block 5, Vail Village Filing 1st Applicant: Slifer, Smith and Frampton Stampp Residence DRB05-0217 Joe Final review of a minor alteration (re-roof) 1838 West Gore Creek Drive/Lot 43, Vail Village West Filing 1 Applicant: Richard Stampp Town of Vail DRB05-0218 Joe Final review of a minor alteration (tree removal) 610 W. Lionshead Circle, Suite C200 Applicant: Billy Suarez Morris Residence DRB05-0185 Final review of a residential addition (storage room) 2945 Booth Creek Drive, East Unit/Lot 3, Block 2, Vail Village Filing 11th Applicant: John Morris, represented by Saltire Development, Inc. Chamonix Chalets DRB05-0225 Final review of a minor alteration (re-roof) 2466 Chamonix Lane/Lot 4, Block B, Vail das Schone Filing 1st Applicant: Chamonix Chalets, represented by TCC Roofing Contractors, Inc. Yapundich Residence DRB05-0194 Final review of a residential addition (finishing basement, enlarging window) 5040 Main Gore Place, Unit C3/Sundial Condominium Townhomes Applicant: John Yapundich Raiola Residence DR605-0216 Final review of change to approved plans (new single family residence) 1807 Alpine Drive/Lot 44, Vail Village West Applicant: Mildred J. Raiola Matt Joe Elisabeth Elisabeth Vail 4A LLC DRB05-0221 Bill Final review of a minor alteration (tree removal, excavation for footers and foundation walls) 303 Gore Creek Drive, Units 4A, 4B, 5A, 5B, 6A, 6BNail Townhouse Applicant: Vail 4A LLC, represented by George Shaeffer Construction Courtside Townhomes DRB05-0224 gill Final review of a minor alteration (new decks) 4552 Meadow Drive, Units 1-40/Courtside Townhomes Applicant: John and Sandra Morrison, represented by Ankerholz, Inc. Peterson/Gregory Residence DRB05-0229 Joe Final review of a minor alteration (same for same exterior changes) 1146 Sandstone Drive, Unit 9A/Lot A7, Block 9, Casolar Vail Applicant: Arnie Gregory and David Peterson Hand Residence DRB05-0231 Joe Final review of a minor alteration (re-roof) 298 South Booth Creek Drive/Lot 4, Block 6, Vail Village Filing 11th Applicant: Jane Hand Fritch Residence DRB05-0197 Bill Final review of changes to approve plans (addition of exterior stairway) 183 Gore Creek Drive/Lot A, Block 5B, Vail Village Filing 1st Applicant: Robert Fritch, represented by Fritzlen Pierce Architects Parliament Residence DR605-0195 Matt Final review of change to approved plans 3241 Katsos Ranch Road/Lot 6, Block 1, Vail Village Filing 2nd Applicant: Casey Parliament Purchase Residence DRB05-0226 Matt Final review of change to approved plans (adjustment to GRFA) 1310 Greenhill Court/Lot 17, GIen.Lyon Subdivision Applicant: John and Lara Purchase, represented by Michael Lauterbach Vail 21 Condominiums DR605-0213 Final review of a sign 498 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1 Applicant: Specialty Sports Venture, represented by Scott Leigh Elisabeth The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing Impaired, for information. ~~ MEMORANDUM To: Town Council From: Judy Camp, Finance Director Subject: 2006 Budget Date: June 2, 2005 As we begin preparation of the 2006 budget, staff would like _ to provide some background on the budget process and confirm the following philosophies and guidelines with you. BACKGROUND The Vail Town Charter (attachment A) sets forth certain requirements for the budget. The budget book, which _ is produced each yeaz, gives further guidance to the town's budgeting process and philosophies. An updated draft of the Budgeting Process section of the Budget Book is attached for your review (attachment B). .Please focus on the sections titled "Budget Changes" on page 1 and "Budget Philosophies and Practices" on page 3 for the discussion items shown below. MID-YEAR FUNDING REQUESTS During the 2005 budget process, Council directed staff to add a process to consider additional funding requests from outside organizations at one specific time mid-yeaz. This process was added because a number of organizations were requesting funding outside of the annual budget process. Four mid-cycle requests were received for 2005 and will be presented to Council. on Tuesday. Of the four requests, staff is recommending approval of only one in-kind contribution, which could have been included in a request during the regular contributions process last summer, but was overlooked by the requesting organization. For the 2006 and future budget processes, staff recommends requests for Council contributions be considered only once a yeaz during the annual budget process. This change does not preclude requests for budget changes and/or additional funding generated from staff. As an example, the Cascade Metropolitan District was unable to move forward with their infrastructure planning and improvements until their successful November '04 election, which of course followed the 'OS Council Contribution decisions. Thus, their negotiations with the town re: the inclusion of RETT dollazs to offset a portion of these improvements could not occur until this spring. The overall benefit to that neighborhood and the public improvements will benefit the entire community and staff recommends approval of this project. 050607 Guidelines - 1 - 3, STRATEGIC FOCUS During the 2004 Town Council retreat, the following five areas of strategic focus were identified along with some supporting action steps (attachment C): • Facilitate Vail's Redevelopment • Address Issues Proactively • Elevate Community Leadership • Improve Local Economy • Add to Vail's Appeal as a Great Place to Live ,Work, and Play Staff plans to prepare the Town Manager's 2006 budget to support these strategic focus areas and the underlying action plans. The five focus areas will determine spendin€; priorities. GENERAL FUND BALANCE During the 2005 budget process, Council gave direction to maintain a minimum fund balance of 35% of budgeted revenues over the five-year planning horizon due to the; uncertainty of sales tax revenue and redevelopment costs while significant construction takes place in town. Staff plans to maintain the same 35% minimum for the current five•• year planning horizon. CONFERENCE CENTER BUDGET Staff believes the Conference Center Fund budget will be dependent upon a November election, which will occur subsequent to the scheduled date for approval of the Town's; overall budget. Therefore, staff plans to bring the Conference Center Fund budget to you as a separate ordinance on November 15 and December 6th' 050607 Guidelines - 2 - ,A VAIL TOWN CHARTER Section 9.9 -Public Records: Copies of the budget and the capital program as adopted shall be public records and shall be made available to the public in the municipal building. Section 9.10 -Amendments After Adoption: (a) Supplemental Appropriations. If, during the fiscal year, the manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the council by ordinance may make supplemental appropriations for the year up to the amount of such excess. (b) Emergency Appropriations. To meet a public emergency affecting life, health, property or the public peace, the council may make emergency appropriations. Such appropriations may be made by emergency ordinance in accordance with provisions of Section 4.11. To the extent that there are no available unappropriated revenues to meet such appropriations, the council may by emergency ordinance authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency notes and renewals of any fiscal year will be paid no later than the last day of the fiscal year next succeeding that in which the emergency appropriation was made. (c) Reduction Of Appropriation. If, at any time during the fiscal year, it appears probable to the manager that the revenues available will be insufficient to meet the amount appropriat- ~` ed, he shall. report to the council without delay, Indicating the estimated amount of deficit, any remedial action taken by him and his recommendation as to any other steps to be taken. The _: council shall then take such further action as it deficit and for that purpose it may by ordinance redu esone or more appropriations inimize any (d) Transfer of Appropriations. Any time during the fiscal year, the manager may transfer part or all of any unencumbered appropriation balance among programs within a department, office, agency and, upon written request of the manager, the council may by resolution transfer part or all of any unencumbered appropriation balance from one department, office, agency, or object to another. (e) Ltmitatlon; Effective Date. No appropriatton for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be _ _ appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriations and reduction or transfer of appropriations ~,, authorized by this Section may be made effective immediately upon adoption. Section 9.11 -Independent Audit: An independent audit shall be made of all town accounts at least annually and more frequently if deemed necessary by the council. Such audit shall be made by certified public accountants selected by the council who shall complete the audit within four (4) months time of the close of the fiscal year. Copies of such audit shall be made available for public inspection at the municipal building. -~ f/~L.~' ~I nI Pry ~ 1, VAIL TOWN CHARTER r,~,_ -. Section 9.3 -Budget: The town manager shall annually prepare and submit to the council a budget and accompanying message. The budget shall provide a complete financial plan of ail town funds and activities for the ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the manager deems desirable or the council may require. In organizing the budget, the manager shall utilize the most feasible combination of expenditure classification by fund, organization unit, program, purpose or activity and object. It shall begin with a clear, general summary of its contents and shall be so arranged as to show comparative figures for income and expenditures of the preceding fiscal year. Section 9.4 -Capital Program And Additional Cent Sales Tax: The manager shall. prepare along-range capital program and submit same to the council no less than two (2) weeks prior to the submission of the budget. Such program shall include a statement as to the application of the sales. tax revenues allocated by ordinance to the special revenue fund. Expenditure of these revenues other than for captal improvements '~ and/or open space acquisition or improvements or for the payment of debt service on any obligations of the Town issued to finance the same shall require not less than five. (.5) affirmative votes of the council. Section 9.5 -Budget Hearing: A public hearing on the proposed budget and proposed capital program shall be held by the council no later than thirty (30) days prior to the close of the fiscal year. Notice of the time ' and place of such hearing shall be published one (1) time at least seven (7) days prior to the ~ _, hearing. Section 9.8 -Council. Amendments: After the public hearing, the council may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except expenditures required by law or for debt servic;e or for estimated cash deficit., Section 9.7 -Council Adoption: The council shall adopt the budget by ordinance on or before the final day of the fiscal ~' ~~ ' year. If it fails to adopt the budget by this date, the amounts appropriated for the current _ operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items in it pro-rated accordingly, until such time as the council adopts the budget for the ensuing fiscal year. Section 9.8 -Property Tax Levy: Adoption of the budget by council shall ~ constitute appropriations of the amounts specified therein as expenditures from the funds indicated. Council shall cause the property tax to be certified to the~county for collection as required by law. ~i r' .. DRAFT Budgeting Process ~ - - ~ ~r~„~, BUDGETING PROCESS The process of reviewing and adopting the budget is one of the most important activities the Town Council performs. The budget serves as a fmancial guide for decisions about community goals, priorities, service levels, and the basic allocation of town resources. The budget process strives to , focus attention on community goals, balances the demands of the local economy and tourism sector, and provides a sound and stable fmancial plan. Pursuant to Article IX of the Charter, the Town Manager is responsible for preparing and submitting an annual budget and accompanying message to the Town Council. The budget is to dditi M l f f i i i I th T id f i l ll d d l v on, own anager prov town un act t es. n a e e a comp ete inanc a p an o a s an Such capital program is ital program must re aze and submit to Council along-ran e ca ~l~' zoos . p p g p submitted to Council at least two weeks prior to the submission of the budget. The Council holds a ,' Deleted: November of 2004 number of work sessions beginning as early as May to review various components of the Town's ~; Deleted: zoos budget. The Town Manager delivers the budget proposal to the Town Council sometime between ;'- Deleted: As part of dte annual budget '- ~ September and November. process, external organizations such as ; ` ' the Vail Valley Foundation, the Betty -, ' A public hearing on the budget and the long-range capital program is held not less than 30 days ~ ; Ford Alpine Gardens, the Vail Chamber and Business Association, the Vail Valley before the close of the fiscal year. The Council adopts the budget at the public hearing, with or Chamber and Tourism Bureau, the Vail Without amendments. Local Marketing District Advisory Council, and the Commission on Special ' 4 Events, to name a few, may submit During the fiscal year the Council may make changes to the budget up until December 31, at its ; t funding requests for the following year. t discretion. It may not delete or decrease expenditures required by law or for debt service or for any ,'~ ~ These organizations follow a fomtalized process in which each organization estimated cash deficit. Adoption of the budget by the Council constitutes appropriation of the 'i submits a standard application including ~0()6 ~ ~ ~ amounts therein for use in the following year. The Town Council formally adopted the financrat information, the organization's , ! budget in EOctober of 2005 and appropriations aze effective January 1,006._ _ _ _ _ _ _ _ _ _ _ ! mission, how the requested finds will be used, and how the sponsored programs will benefit the town. Each Council BUDGET CHANGES member has ao oppornmity to review all of the requests. Staffprepares a summary The Town is authorized by its Charter to make supplemental appropriations and emergency ~ of the requests along with a comparison appropriations by ordinance throughout the fiscal year. The Charter also authorizes reductions of to prior years and the Town Manager's appropriations in the event it appears that revenue will be insufficient to meet any appropriated recommendation for the upcoming year. Each Council member makes his or her amount. The Charter also authorizes transfers of appropriations. The Town Manager may transfer ~ Irecommendarion on the summary sheet part or all of any unencumbered appropriation balance among programs within a department i ' ~ and staff compiles the results of discussion and approval at a public agency or office; or, upon written request of the Town Manager, the Council may transfer pazt or ~ hearing. The approved amounts are all of any unencumbered appropriation balance from one department, office, agency; or object to included is the proposed budget subject another by a resolution of the Council. Other supplemental appropriations may be made throughout to final appropriation when the budget ordinances are passed.Q the yeaz as needed. ¶ Additional funding requests from external At least two supplemental appropriations are made a yeaz. The first supplemental is in the spring organizations may also be considered min-year, generally at the first Council to address roll forwards on unfinished projects. The second is in the fall to address unforeseen meeting in June. The mid-year review 1temS. provides an opportunity for organizations that have newly-identified projects or unforeseen changes to heir budgets to come forward all at the same time and for •--------- -----------------------------------------------------~ BUDGET BASIS Council to provideconsstentcriteriaand evaluation. By the first meeting in June. Annual budgets for governmental funds (General, Special Revenue and Debt Service) aze prepared couneil has sales tax information for ate se azatel usin the modified accrual basis of accountin .Modified accrual accountin means that p Y g g g ~ ~°~ receipt of other dedicated funding, and an indication of wheater the revenues are recognized in the accounting period in which they become available and measurable, town is on budget for ate first quarter. if and expenditures are recognized in the accounting period when a liability is incurred, if there are no additional funds available at measurable, except for unmatured interest on long-term debt, which is recognized when due. that time, Council may decide not to entertain any additional requests for the ~ current year. Additional funding approved mid-year is included in the next supplemental budget appropriati~ and is subject to ate passing of that ordinance.¶ Attachment B -1- DRAFT Budgeting Process Annual budgets are also adopted for all Internal Service and Enterprise funds. The basis used to budget these funds is also a modified accrual basis of accounting, which includes capital expenditures and current debt service principal payments, and excludes depreciation, amortization, and adjustments for accrued compensated absences. FUND ACCOUNTING SYSTEM AND FUND SUMMARY The Town of Vail Budget is presented by fund. A fund is an accounting entity that has a set of self-balancing accounts that records all fmancial transactions for specific activities or governmental functions. Fund expenditures are divided into departments or projects, with departments then divided into divisions for budgetary control. Programs include specific services the town is providing. Because of the legal requirements of state statutes, the 'Town of Vail Charter, generally accepted accounting principles (GAAP), and Council policy, the town is required to use fund accounting in its financial reporting. Fund accounting is a concept developed primarily from the legislative requirements of appropriation and the legal requirements of segregating revenue sources and corresponding expenditures. Fund accounting does not necessarily provide financial information in a form most usable for policy and management decision making. The following is a brief summary of the various town funds by fund type, purpose, source of revenue, and expenditures. As you read through this section, you may wish to refer to the Budget Summazies by Fund section of the budget. General Fund This fund is named for the nature of the various revenue sources. They are general, not earmazked, and can be used for any and all municipal purposes. The Town of Vail General Fund provides for most on-going municipal services delivered to the community. The primary revenue sources for the General Fund aze the sales, property, and ski lift taxes, franchise fees, fines, intergovernmental revenue, and various chazges for services, permits, and licenses. Special Revenue Funds Capital Projects Fund The purpose of this fund is to account for the portion of the town's sales tax allocated to pay for capital projects. A portion of the revenue in this fund is used for the annual borided debt service payment. After providing for this payment, excess revenue is used for other acquisitions and major maintenance items of a capital nature. Real Estate Transfer Tax Fund The purpose of this fund is to account fora 1% tax on the transfer of all real property within the town limits, as well as the recreation amenities fee and lottery revenue. Expenditures are specifically restricted to maintaining, acquiring and improving property and equipment for recreation and open space purposes. Vail Marketing Fund The purpose of this fund is to account for the collection and use of the business license fee. Marketing Fund revenue is used to promote the Town of Vail through programs administered by pass-through agencies such as the Commission on Special Events (CSE) and, in prior years, the Vail Local Marketing District (VLMD). Conference Center Fund ,, Attachment >3 -2- DRAFT Budgeting Process This fund was established in 2003 to account fora 1.5% public accommodations tax and a .5% sales tax imposed by election for the purpose of building and operating a conference center. Internal Service Funds Heavy Equipment Fund 'This fund's function is to maintain and replace town fleet equipment. Replacement of buses and fire trucks is excluded from this fund. Health Insurance Fund This fund is used to account for the health insurance and short-term disability plans provided by the town to its employees. Enterprise Fund Dispatch Services Fund This fund was created in 1999 to account for resources used to fund the town's dispatching center. Besides providing dispatch services for the Town of Vail's public safety departments, the town provides dispatch services for 11 other agencies in the lower Eagle Valley, including the Eagle County Sheriff, Avon, Minturn, Eagle, Gypsum and the US Forest Service. Originally considered an internal services fund, this fund has been reclassified to an enterprise fund because the majority of its revenue is now received from outside agencies. Debt Service Fund This fund accounts for the current bonded debt obligations of the town. Revenue for this fund is comprised of transfers from other funds and interest earnings. _ , .. - Deleted: ------Page Break------ . __...._......__..._____......_..___......._..----....__ ..............-----.....__....------- BUDGET PHILOSOPHIES AND PRACTICES The budget will reflect the town's vision to be the premier mountain resort community. Strategic priorities are reviewed and revised periodically. The Town Council has identified the following areas of strategic focus which are supported by the~006 budget: _ _ _ _ _ _ _ _ _ _ _ _ - - {Deleted: zoos • Facilitate Vail's Redevelopment • Address Issues Proactively . • Elevate Community Leadership • Improve Local Economy • Add to Vail's Appeal as a Great Place to Live, Work, and Play Revenues will be projected conservatively using analytical processes. Revenue collections will be reviewed monthly or quarterly, depending on the revenue source, jo_determine va_ri_a_ti_on_ s_ fr_ o_ m_ _ t_he_ _ _ _ - -~De~eted; during:ne Swat year budget. When appropriate, new programs that require additional resources are to be funded by new or increased revenues or an allocation of resources, from an existing program. They are not funded from fund balance. Fund balances shall be adequate to cover short-term fluctuations in revenues, emergencies, and planned future expenditures. It is recommended the General Fund balance be at least 25% of the budgeted revenues. For the 2005 budget process, Town Council directed a fund balance of 35% of Attachment B -3- DRAIFT Budgeting Process budgeted revenues over five years due to the uncertainty of sales tax revenues and redevelopment costs while significant construction takes place in the town. The town will develop afive-year financial projection for all major funds annually. The town will develop afive-year plan for Capital Projects and RETT annually and complete capital improvements in accordance with the plan. a. Attachment 1:3 -4- Version 2 Changes Highlighted Town of Vail Proposed 2006 Budget Timetable Contributions Council criteria discussion05/03/05 Compete Out of cycle funding requests (if needed) 06/07/05 Deadline for return of packets 07/29/05 Council evaluation of requests and direction for 2006 budget 08/16/05 Budget Guidelines Council discussion of budget timetable 05/03/05 Complete Council discussion of budget philosophies 06/07/05 Guidelines distributed to department heads 06/15/05 2005/2006 parking plan recommendation TBD Compensation and benefits discussion 08/02/05 Presentation of 2004 audit report to Council 07/19/05 Budget Preparation Capital budget request for county funds submitted TBD Staff prepares departmental budgets 06/15/05 to 07/18/05 Council discussion of major revenue items 07/19/05 Council discussion of 5-year capital plan 07/19/05 Council discussion of 5-year RETT plan 07/19/05' Town Manager reviews departmental budgets 07/25/05 to 08/12/05 Council decision on major revenue items 08/02/05 Council review of Vail Reinvestment Authority budget 08/02/05 Council review of first draft of 5-year capital plan 08/02/05 Council review of first draft of 5-year RETT fund 08/02/05 Council review of second draft of 5-year capital plan • 08/16/05 Council review of second draft of 5-year RETT fund 08/16/05 Council review of first draft of Town Manager's budget 09/20/05 Council review of second draft of Town Manager's budget 10/04/05 Budget Documentation and Reporting First reading of 2005 Supplemental Number Two 08/16/05 Second reading of 2005 Supplemental Number Two 09/06/05 First reading of 2006 budget ordinance 10/04/05 Second reading of 2006 budget ordinance 10/18/05 First reading of mil levy certification ordinance 11/15/05 First reading of 2005 Supplemental Number Three 1 1/15/05 First readin of 2006: Conference Center Budget ©rdinance 9 . 11/15f05 . Second reading of mil levy certification ordinance ..~, 12/06/05 Second reading of 2005 Supplemental Number Three 12/06/05 Second reading of 2006 Conference Center Budget Ordinance 12/06/05` Mil levy certification deadline to Eagle County 12/15/05 Budget book submission 01/31/06 MEMORANDUM To: Town Council From: Gina Bentz Date: June 2, 2005 Subject: Mid-Year Funding Financial Results throw hg_April A summary of General Fund financial results through April is attached. Although the results aze favorable versus budget across the boazd, staff does not recommend any significant changes to the budget at this time. Sales tax, our most important source of revenue, is favorable to budgef by $546,633 or 13.8% through March collections, which are included in April results. However, once again we have just entered into atwo-month construction period for the Village Streetscape with another two months of construction scheduled for the fall. Compensation to date also looks favorable. This is expected in part because the budget assigns compensation equally across twelve months of the year, while most salary increases occur in June. Thus, we expect to be somewhat under budget in the first five months and somewhat over budget in the last seven months with the variances offsetting by year-end. Also, some benefits are reconciled and recorded only at yeaz end, thus creating some favorability during the yeaz. Since out-of--cycle contributions are a major component of Tuesday's discussion, we have also attached a schedule of contributions paid through April. Although again, the budget calendarization assumes equal disbursements over 12 months, payments aze made differently for each group. We currently show over $300,000 in contributions still to be paid this year. Also attached is a summary of Capital Projects Fund and the Real Estate Transfer Tax Fund results through April. However, the results through April do not justify the true picture of these funds, since most projects do not take place until the summer and fall months. -1- TOWN OF VAIL SUMMARY OF REVENUE AND EXPENDITURES AS OF 4/30!05 GENERAL FUND Version 1 2005 2005 2005 Amended Amended 2005 Variance Budget Budget Budget Actuals Fav (Unfav) as of 4/3012005 as of 4130!2005 Revenue Local Taxes Sales Tax 8,772,600 8,772,600 3,959,082 4,505,715 546,633 Property and Ownership 2,632,920 2,637,458 1,002,234 995,766 (6,468) Ski Lift Tax 2,438,000 2,438,000 1,706,600 1,908,387 201,787 Franchise Fees, Penalties, and Other Taxes 688,500 688,500 222,490 273,839 51,349 Licenses & Permits 2,620,450 2,620,450 317,153 707,716 390,563 Intergovernmental Revenue 1,324,597 1,324,597 306,300 316,783 10,483 Transportation Centers 2,955,000 2,955,000 1,832,100 1,793,017 (39,083) Charges for Services 688,337 688,337 227,150 281,186 54,036 Fines & Forfeitures 202,900 202,900 66,960 80,716 13,756 Earnings on Investments 120,000 120,000 39,600 - (39,600) Rental Revenue 748,865 748,865 247,125 233,639 (13,486) Miscellaneous and Project Reimbursements 283,950 294,950 32,190 133,283 101,093 Total Revenue 23,476,119 23,491,657 9,958,984 11,230,047 1,271,063 Expenditures ~ Salaries 10,703,391 10,778,091 3,513,002 3,274,757 238,245 Benefits 3,710,434 3,719,634 1,215,005 1,018,606 196,399 Subtotal Compensation and Benefits 14,413;825 14,497,725 4,728,007 4,293,363 434,644 Contributions and Special Events 811,876 817,876 321,795 451,911 (130,116) AIIOtherOperatingExpenses 4,798,983 4,744,983 1,565,845 1,481,266 84,579 Heavy Equipment Operating Charges 1,609,506 1,609,506 640,845 568,988 71,857 Heavy Equipment Replacement Charges 581,522 581,522 232,609 160,512 72,097 Dispatch Services 559,034 559,034 279,517 279,517 - Total Expenditures 22,774,746 22,810,646 7,768,618 7,235 557 533,061 Revenue Over (Under) Expenditures 701,373 681,011 2,190,366 3,994,490 738,002 Transfer to Capital Projects Fund - (62,000) Transfer to RETT Fund (10,762) Beginning Fund Balance 9,228,248 11,113,944 Ending Fund Balance $ 9,929,621 $ 11,722,193 GF yr to date 050602 - 2 - General Fund Contributions & Special Events Vendor Vail Community TV-Cnnl 5 Eagle Valley Child Care Bravo! NY Philharmonic Bravo! Colorado Vail Valley Foundation-Hot Summer Nights Vait Valley Foundation-Int'1 Dance Festival Vail Valley Foundation-Street Beat WCTB-Information Services Vail Jau Foundation Vail Farmers Market Traffic Control Vail Chamber 8~ Business Assoc Vail Valley Athletic Commission Youth Recognition Award America Days Street Entertainment Holidays In Vail Kick-It 3v3 Soccer Tourney American Ski Classic Mardi Gras Vail Vail Arts Festival LaCrosse Shoot Out King of Mountain Volleyball Vail Jazz Foundation Taste of Vail Western Regional Softball Research Event Evaluation Vail Food & Wine VRD Easter Egg Hunt Administrative Total Disbursements 2005 Paid to date Remaining Dollars Budget 4/30/2005 to disperse Reasoning 57,000 16,751 40,249 quarterly disbursements 30,000 7,875 22,125 quarterly disbursements 95,000 95,000 - 21,375 21,375 - 20,000 20,000 - 12,500 12,500 - 16 571 16 571 170,675 128,006 42,669 4th quarter payment 6,650 6,650 - 5,000 5,000 future event 55,355 5,355 50,000 waiting for invoice 4,750 4,750 waiting for invoice 7,000 4,167 2,833 waiting for invoice 56,000 16,667 39,333 future event 45,000 45,000 future event 25,000 25,000 future event 25,000 16,667 8,333 final payment 20,000 20,000 - 15,000 15,000 - 15,000 5,000 10,000 future event 8,000 8,000 - 7,500 5,000 2,500 final payment 7, 500 7, 500 - 5,000 5,000 - 1,400 1,400 future event 20,000 20,000 future event 25,000 8,334 16,666 future event 1,000 1,000 - 35,000 9,493 25,507 on going 813,276 451,911 361,365 -3- Version 1 Sales Tax Federal Grant Revenue Lease Revenue Transfer from General Fund Project Reimbursement Eagle County Grant Revenue Interest Income & Other Total Revenue Expenditures Equipment Purchases Document Imaging Software & Hardware Upgrades Web Page Development/Ecommerce Eagle County CAD / RMS Project Police Copier Patrol Car Video Cameras Fire Department Breathing Apparatus Replace Buses GPS for Buses Vehicle Expansion Subtotal Equipment Purchases Capital Maintenance Bus Shelter Replacement Capital Street Maintenance Parking Structure Improvements General Facility Improvements Subtotal Capital Maintenance Buildings 8 Improvements Fire infrastructure improvements Fiber Optics in Buildings Dobson Ice Arena Way Finding Improvements Donovan Park Pavilion Multi-Purpose Recreation Facility Subtotal Bldgs I Improvements Streetscape Projects West & East Meadow Drive SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2005 2005 2005 Amended Actuals Budget Budget as of 4/30/05 Project Information 5,848,400 5,848,400 2,980,717 40% of total sales tax allocated to Capital Projects 2,130,832 1,740,240 Bus replacements & Intemtoda) site in 2007 150,000 150,000 59,540 Lease revenue from City Market & employee housing - 62,000 62,000 To fund Multi-Purpose Recreation Faciliiy 27,000 886,648 687,576 Multi-Purpose Recreation Facility'04/ VRI Agreement'05 &'O6 1,000,000 250,000 - 04 Countywide Computer Aided Dispatch P05 W. Vail Fire Station 25,000 25,000 68,860 9,181,232 8,962,288 3,858,693 40,000 40,000 8,802 OCE maintenance, software upgrades, contract position 42,000 42,000 19,329 Desktop OS upgrades, replacement PC's, server upgrades, AS400 50,000 50,000 29,351 Intemet security & application interfaces 50,000 179,470 2,069 County wide Computer Aided Dispatch/Records Mgmt System 10,310 10.310 10,489 Purchase of new copier for records 45,000 45,000 - Grant funding to be pursued before purchase 25,000 .25,000 24,470 Replacement of cylinders/compressor; grant funding to be pursued 2,401,200 2,430,700 606 4 buses ordered in'04 cxl to '05 ($1,361,526) +'05 budget 240,000 269,280 - _ _ 40,300 40,300 - End dump truck, mower and generator for Special Operations Group 2,943,810 3,132,060 95,116 30,000 38,000 - 890,000 1,124,945 13,290 Preventive maintenance, patching, overlays and seal coats 420,000 508,740 100,015 Various Parking Shvcture Improvements 331,500 331,500 60 724 Various Facility Capital Improvements 1,671,500 2,003,185 174,029 Masterplan Costs/DesignNV. Vail Fire Station contingent on the ability to 250,000 270,635 - fund operations. Remodel of Main Vail Station 90,000 9U,000 52,856 Cabling /Network Infrastructure - 10,000 2,100 Vail Recreation District -Design fees to expand capacity 79,284 - Reivise TOV map w/ a electronic directory, directory for merchants 42,000 42,000 - Additional blinds 88.000 51 675 Red Sandstone facility; revenue from partners included above 382,000 579,919 106,631 Construct streetscape, drainage, lighting. public art, landscaping -adds - 199,360 - maintenance from Library to Fire Station G1 Version 1 SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2005 2005 2005 Amended Actuals Budget Budget as of 4130/05 Project Information Village Streetscape 1,295,190 2,419,615 120,668 04 Start includes engineer salary; also funded by RETT Subtotal Streetscape Projects 1,295,190 2,618,975 120,668 Housing Program Buy-Down Program 200,000 200,000 - Net cost of deed restricted units for resale Timber Ridge Debt Service Guarantee 925,000 925,000 - Subtotal Housing Program 1,125,000 1,125,000 - Lionshead Redevelopment Design costs to implement Town improvements: Construction costs for Lionshead Improvements 300,000 313,955 29,881 Lionshead Redevelopment will be funded from developer contributions, TIF & other sources Subtotal Lionshead Redevelopment 300,000 313,955 29,881 Other Improvements Revise TOV Master Plans (W. Vail) 100,000 100,000 - Including Village, Lionshead and West Vail Street Light Improvement Program 50,000 50,000 31,309 Add new street lights and refurbish residential lighting program Drainage Improvements 75,000 75,000 1,230 Continue implementation of drainage master plan I-70 Noise 550,000 550,000 17,369 Subtotal Other Improvements 775,000 775,000 49,908 Total before Financing Transfer for Debt Service Total Expenditures Revenue Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance 8,492,500 10,548,094 576,233 2,422,154 2,422,154 933,599 To fund debt service on all Town bonds 10,914,854 12,970,248 1, 509,832 (1,733,422) (4,007,960) 2,348,861 6,289,891 8,150,951 b 4,556,469 $ 4,142,991 C-2 Version 1 REVENUE Real Estate Transfer Tax Golf Course Lease Lottery Revenue Project Reimbursements Interest Income & Other Transfer from GF Recreation Amenity Fees Total Revenue EXPENDITURES Annual Maintenance RETT Collection Costs Rec. Path Capital Maintenance Betty Ford Alpine Gardens Support Tree Maintenance Street Furniture Replacement Black Gore Creek Sand Mitigation Park Capital Maintenance Bear Proof Containers Park, Path 8 Landscape Maintenance Subtotal Maintenance Recreation Path/Trail Development Real Estate Transfer Taz Fund Summary of Revenue, Expenditures, and Changes in Fund Balance 2005 2005 2005 Amended Actuals Budget Budget as of 4130/05 Project Information 4,623,000 4,623,000 1,734,257 Adjusted to trend 115,956 115,956 - 20,000 20,000 5,516 - 3,300 - 51,000 79,000 - 10,762 10,762 194,600 194,600 63,598 2005 adjusted due to redevelopment; outer years due to trend 5,004,556 5,046,618 1,814,133 231,150 231,150 80,505 Collection fee remitted to the General Fund 140,608 213,628 17,512 Capital maintenance of the town's rec. path system 94,000 122,000 94,000 05 $44K for pond reconfiguration 87,000 87,000 22 Provide additional trees to Vail's public areas 25,000 37,030 - Addifions and replacement of street furniture 100,000 100,000 35,000 114,500 114,500 395 New in'05 to maintain playgoumds, restrooms, etc. 10,000 19,500 - In TOV parks 1,097,991 1,097,991 62,200 Ongoing path, park and open space maintenance 1,900,249 2,022,799 289,634 Cascade Bike Path 150,000 150,000 10,050 Trailhead Development 20,000 36,555 4,000 N. Frontage Rd. (School to Roundabout) - 57,256 43 Village Streetscape Design 8~ Implement- 2,300,000 2,300,000 - Meadow Drive 25,000 - Subtotal Pathways 2,470,000 2,568,811 14,093 Capital Maintenance ADA Compliance w/ VRD 50,000 50,000 - Raw Water Project 228,097 228,097 181 Pirate Ship Park -Per Safety Plan - 36,888 498 Big Hom Park -Per Safety Plan 225,000 225,000 1,003 Widen recreation path from W. Haven to tennis courts Improve trailheads Fund Path from Red Sandstone Pedestiran Brdg to Roundabout Expenditure in '05 reduced for acceleration in 2004 Shared costs with VRD -recreational facilities Convert parks from treated water to raw water Moved to 2005 R-1 Version 1 Real Estate Transfer Tax Fund Summary of Revenue, Expenditures, and Changes in Fund Balance 2005 2005 2005 Amended Actua{s Budget Budget as of 4/30105 Project Information Public Art '120,000 167,419 14,320 Seibert Circle 1,134,000 - Subtotal Capital Maintenance 623,097 1,841,404. 16,002 Park Development Donovan -Park White Water Park Skate Park Vail Memorial Park Subtotal Park Development Open Lands Open Space Acquisition Subtotal Open Lands Project Management Parks and Landscaping AIPP Subtotal Project Management Total Expenditures Revenue Over (Under) Expenditures Transfer to Capital Projects Fund Beginning Fund Balance Ending Fund Balance 41,000 49,734 206 100,000 100,000 -- 141,000 149,734 206 Funds 3rd hole at Whitewater Park -will move '04 to 'O6 Per councils request 10/19/04 500,000 500,000 217 500,000 500,000 217 81,735 81,735 22,506 Landscape architect 84.326 84,326 12,438 AIPP salary and operating expenses related to RETT 166,061 166,061 34,944 5,800,407 7,248,809 355,096 (795,851) (2,202,191) 1,459,037 4,589,872 5,679,575 3 3,794,021 ~ 3,477,384 R-2