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HomeMy WebLinkAbout2006-04-18 Support Documentation Town Council Work SessionTOWN COUNCIL WORK SESSION VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. .Vail, CO 81657 12:30 P.M., TUESDAY, APRIL 18, 2006 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. NO LUNCH WILL BE PROVIDED. 1. George Ruther ITEMlTOPIC: PEC/DRB Update. (15 min.) 2. Lorelei Donaldson ITEMlTOPIC: Interviews for appointments to the Vail Local Licensing Authority (LLA) and Vail Local Housing Authority (VLHA) boards. (30 min.) ACTION RE©UESTED OF COUNCIL: 1) Please interview th applicants to fill two appoint two people meeting; and e Local Licensing Authority (LLA) vacancies at the work session and to -the LLA board at the evening 2) Please interview the Vail Local Housing Authority (VLHA) applicants at the work session and appoint one applicant to the VLHA (term expires May- 31, 2011) at the evening meeting BACKGROUND RATIONALE: LLA: All applicants to the LLA must be citizens of the United States, qualified electors of the Town of Vail, and have resided in the Town of Vail 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. There are currently two vacancies on the LLA. The Town received four (3) applications for the vacancy. The Council needs to interview the applicants at the work session and then. make the appointment to the LLA at the evening meeting. The applicants are: 3. Leslie Fordham Kaye Ferry* Connie Knight *Incumbent board members Robert McKown* Bryant Roth I have enclosed an attendance summary for the LLA for your review. VLHA: Applicants must be full-time, year-round residents of Eagle County who either are residents of the Town of Vail or work for a business holding a Town of Vail business license. Authority members must have a proven ability to be an effective advocate for a full range of housing projects and be able to promote a vision for local employee housing that has been approved of by the majority of the Authority. The. role of Authority members is to act as Board of Directors for the business of the Vail Local Housing Authority. The duties may include Budget Approval, Adopting Policies, ~ Advocacy, Staff Oversight, Strategic and Long-Term Planning, Setting Development and Acquisition Parameters and potentially managing the existing Town, of Vail deed-restricted housing inventories. Technical experience in desirable: Financing Construction/Construction Legal. The applicant is: Mark Ristow* one of the following areas is also of Large Projects, Development, Management, Planning, Design, or *Incumbent board member I have enclosed an attendance summary for the VLHA for your review. RECOMMENDATION: Appoint two people to the LLA, and appoint one person to the VLHA. ITEM/TOPIC: Art in Public Places (AIPP) Temporary Art Program. (10 min.) i 2 ACTION REQUESTED OF COUNCIL: Endorse revised Temporary Art Program. Appoint Town Council Member to serve on a committee to determine appropriate artwork and fees for leased property. BACKGROUND RATIONALE: In 1997, Art in Public Places initiated a `Temporary Art Program," allowing artists and galleries to place approved artwork on town property for a renewable six- month term. The current program faces a number of problems. • Generates very little income. • Galleries place artwork on town property without AIPP permission creating liability and safety issues. • The town looks "cluttered" with artwork. AIPP BOARD RECOMMENDATION In an effort to gain more control over artwork on town property, generate additional income and address town.liability, the board intends to revise the program, as follows: • AIPP has identified and approved twelve sites and/or applicant can suggest a site. • Charge market rates for what is essentially advertising on town property. • One year lease. • Annual application deadline of 1 August. • Annual installation deadline of 1 September. • The town will include a standard format sign; all other expenses will be the responsibility of the applicant. • Signs will display "AIPP." • AIPP will have the option of waiving the fee for select artists or galleries. . • Code Enforcement is notified of trespassers and takes appropriate action. 4. Nina Timm ITEM/TOPIC: Discussion of the employee housing issues in the Russ Forrest Town of Vail and an overview of possible mitigation measures. (60 min.) BACKGROUND: The Town of Vail, currently has 30% of the workforce living within Town. With current development projects creating an additional 1500 jobs and future redevelopment projects creating an even larger number of new jobs, the Town of Vail will need to implement additional housing mitigation measures if the Town wants to ensure at least the same percentage of employees continue to live in Town. ACTION REQUESTED OF COUNCIL: Staff will present an overview of the housing needs now and in the future and provide an overview of housing actions to be considered. On May 2"d staff would plan on an evening meeting to receive direction from the Town Council on several recommended next steps. 5. Stan Zemler ITEM/TOPIC: Update on Process to Gather Community Concepts Pam Brandmeyer for Disbursement of Conference Center Tax Collections. (45 min.) Judy Camp BACKGROUND RATIONALE: In November 2005, Vail's electorate defeated an increase in the lodging tax to supplement taxes approved in 2002 to build and operate a conference center. The ballot question also contained a provision to rescind the 2002 taxes if the issue failed. As a result, on December 20, 2005, the Vail Town Council approved second reading of Ordinance No. 27, Series of 2005, which rescinded the 2002 taxes, ahalf-cent sales tax and 1.5 percent lodging tax, effective January 1, 2006. To bring closure to the matter, the Council was presented with the option to either determine a refund methodology for disbursement of the remaining conference center funds or prepare a ballot question to determine how such revenues shall be used. On February 7, 2006, after reviewing Conference Center Fund disbursement options, Council provided staff with the following direction: • Refund mechanism will not be pursued as a viable option due to the complications involved and loss of an overall community benefit. • Reallocation must be used to reflect the original intent of the conference center taxes to "increase occupancy and increase overall economic activity." A community outreach process is required to build community consensus regarding a preferred reallocation concept to be considered by Vail's electorate in November 2006; ballot language must be finalized bymid-August. Using Council's direction as a framework, a series of community meetings took place during March and April to. solicit ideas to identify a new use for the revenue that would increase occupancy and .increase overall economic .activity. The following themes emerged from meetings involving five community sector groups (lodging; community partners; neighborhoods; retail/restaurant; and public at large): • A year-round indoor event venue was named by four of the five community sector groups as a top priority. • Specifically, re-purposing Dobson Arena to house ayear-round indoor event venue was mentioned by four of the five community sector groups. • Building upon the theme to use or renovate resources already in place, two of the five sector groups identified the Golf Course Clubhouse as a facility that should be re-purposed to meet additional community needs. 4 • Four of the five community sector groups expressed support for additional emphasis on group sales and marketing and/or special events funding as atop priority, with the remaining sector identifying the activity as an important consideration. ACTION REQUESTED OF COUNCIL: Staff is seeking direction from Council on next steps. Those options include: • Identify concepts that are likely to meet the criteria of increased occupancy and increased overall economic activity for additional analysis. Some of the analysis could be performed by staff; however, outside resources will be necessary depending upon which options are of interest. Staff could return to. Council on May 2 with a recommended process, time line and estimated cost for the analysis of options chosen by Council. Note: To be considered by Vail's electorate in November 2006, ballot must be finalized by mid-August. --and/or-- • Adjust timetable for election; November 2007 at earliest. Renew the process upon the conclusion of the Vail Community Plan and the Vail Recreation Master Plan for integrated community consensus building. 6. Warren Campbell ITEM/TOPIC: Discussion of First reading of Ordinance No. 9, Series of 2006, an ordinance repealing and re-enacting Ordinance 2, Series of 1997, Flaum -The Valley Phase V, Special Development District (SDD) No. 34, amending and reestablishing SDD No. 34, in accordance with Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to SDD No. 34, Flaum -The Valley Phase V, to increase the allowable gross residential floor area for (GRFA) employee housing units (EHUs) and associated garages within the district, and setting forth details in regard thereto: (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 9, Series of 2006 on first reading. BACKGROUND RATIONALE: On March 27, 2006, the Town of Vail Planning and Environmental Commission voted 6-0-0 (Viele absent) to forward a recommendation of approval for a proposed amendment to SDD No. 34, Flaum -The Valley Phase V, to the Vail Town Council, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the increase in the allowable GRFA for EHUs within the District from 500 square feet to 850 square feet and to increase the allowable size of the EHU garage from 300 square feet to 400 square feet, located at at 1521, 1601, and 1631 Buffehr Creek Road/Lots A-C, The Valley Phase V, and setting forth details in regard thereto. A copy of the staff memorandum to the Planning and Environmental Commission, dated March 27, 2006, has been attached for reference. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 9, Series of 2006; on first reading. 7. Russ Forrest ITEM/TOPIC: Discussion of Emergency Ordinance No. 13, Series of 2006: Moratorium on new planning applications in the Lionshead Mixed Use 1 and 2 zone district which consider a net loss in accommodation units, employee housing units, and parking. (30 min.) BACKGROUND: Upon review of the. Lionshead Mixed Use 1 and 2 Zone District, staff has concluded that it is possible for a existing hotel to be demolished and redeveloped as a condominium project or other use consistent with the Lionshead Mixed Use 1 and 2 zoning. This could result in the net loss of hotel rooms which is counter to the general policy of the Town and the Lionshead Redevelopment , r Redevelopment Plan which encourages the creation of "live" rooms. .Furthermore, the Lionshead Redevelopment Master Plan does stipulate that there shall be no net loss of parking spaces and employee housing units (EHUs). However, this is not codified and staff feels that this policy should be incorporated into Title 12 to ensure clarity and enforcement of this policy. The purpose of this emergency ordinance is to prevent application of any. new development project in the Lionshead Mixed Use 1 or 2 zone districts which would propose a net loss in hotel rooms, parking, or employee housing units within 60 of the approval of Ordinance 13, Series of 2006 while an amendment is being considered to affect the above mentioned changes. An application was made on April 5, 2006 by the Town of Vail to amend the Lionshead Mixed Use 1 and 2 Zone District along with amending the Lionshead Redevelopment Master Plan. Within that 60 day time. period, the Town would propose amendments to the above mentioned zone districts and the Lionshead Redevelopment Master Plan. STAFF RECOMMENDATION: After discussing the considerations outlined in the staff memorandum approve Ordinance 13, Series of 2006. 8. Matt Mire ITEM/TOPIC: Resolution No. 12, Series 2006, A Resolution Approving the Purchase of Land in the Town of Vail Commonly known as Parcel No. 210311415019 by the Eagle County Assessor's Office, and Legally Described as Parcel A, a . resubdivision of Tract D, a resubdivision of Vail Schone Filing No. 1, Town of Vail, Eagle County, Colorado. (10 min.) ACTION REQUESTED OF COUNCIL: Approve Resolution No. 12, Series 2006. BACKGROUND RATIONALE: the Council considers it in the interest of the public health, safety and welfare to purchase the real property and improvements thereon with the physical address of 2399 N. Frontage Road, Vail, Colorado, commonly known as Parcel No. 210311415019 by the Eagle County Assessor's Office, and legally described as Parcel A, a resubdivision of Tract D, a resubdivision of Vail Schone Filing No. 1, Town of Vail, Eagle County, Colorado (the "Property"). Approval of Resolution No. 12, Series 2006, is required to purchase the Property. STAFF RECOMMENDATION: Approve Resolution No. 12, Series 2006. 9. ITEMROPIC: Information Update. (10 min.) • Pine Needle Scale. • Council Chamber Chairs. Staff has spent time researching various options for replacement of the Council chairs. Although Herman Miller Aeron chairs were recommended, staff has a concern. In all models viewed, there are a variety of adjustments on the chair to more individualize the chair to a specific user. While this would be highly desirable in a personal office where just one person uses the chair, in a situation like the Council Chambers w/multiple users, no setting would ever perfectly reflect the next user's preferences. Staff believes this would prove highly confusing and cumbersome, to say nothing of the discomfort different users might experience. With Council direction, staff would like to pursue a board room or executive chair. • Stationary Memorial for Current and Former Olympians. Staff has been working with the Vail Valley Foundation and Vail Resorts, lnc., to come up with an idea which will serve as a long- lasting tribute to Vail locals who have successfully risen in athletic stature to become a part of an Olympic competition. Thus, plans are being made to find a suitable bronze sculpture and location to recognize the town's 2006 Olympic participants, as well as to include past Olympic participants. Although numbers have .not been finalized, it is thought this tribute would cost between $10,000 - $12,000, with the cost split equally between the three parties. Staff will return in June under out-of-cycle Council Contributions to request funding. Additionally, staff will add the names of Sandy Dukat and Ralph Green, 2006 U.S. Para-Olympians to Proclamation # 1, Series of 2006, to honor these Olympic competitors. Staff will also have decorative manhole covers prepared for them. 10. ITEM/TOPIC: Matters from Mayor & Council. (10 min.) 11. ITEMlTOPIC: Executive Session pursuant to 1) C.R.S. Section 24-6-402(4)(b) -Attorney conference to receive legal advice on specific legal questions, re: pending litigation; and 2) C.R.S. Section 24-6-402(4)(e) to determine positions, develop a strategy, or instruct negotiators, re: public improvement contracts. (20 min.) 12. ITEM/TOPIC: Adjournment. (4:20 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, MAY 2, 2006 IN THE VAIL TOWN COUNCIL CHAMBERS. Sign language interpretation available upon request with 48-hour notification. Please .call 479-2106 voice or 479-2356 TDD for information. 0 8 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING ,_ . ,• April 10, 2006 ~wxoFV~, • PROJECT ORIENTATION -Town Council Chambers -PUBLIC WELCOME MEMBERS PRESENT Chas Bernhardt Doug Cahill Dick Cleveland Bill Jewitt Rollie Kjesbo Bill Pierce Site Visits: MEMBERS ABSENT Anne Gunion Gore Creek Plaza Building - 193 East Gore Creek Drive Driver: George Public Hearing -Town Council Chambers 12:00 pm 2:00 pm 1. Swearing in of Rollie Kjesbo, Anne Gunion, Dick Cleveland and Bill Pierce by Lorelei Donaldson, Town Clerk It was noted by Doug Cahill that because Anne Gunion was not present for the swearing in of the new Commission members, that the same procedure would be repeated at the next PEC meeting on April 24, 2006. 2. Election of Chair and Co-Chair and Appointment of representative for AIPP and Open Space Committees. Doug Cahill was unanimously elected as Chair of the Planning and Environmental Commission and Chas Bernhardt was elected as the Co-chair of the Planning and Environmental Commission. Doug Cahill was unanimously elected as the new AIPP representative and Chas Bernhardt was unanimously elected as the representative for the Open Space Committee. 3. A request for a final review of a variance, from Section 12-6C-8, Density Control and Section 12- 6D-6, Setbac~CS, Vail Town Code, to allow for a residential addition (garage, entry, and elevator), located at 1448 Vail Valley Drive/Lot 18, Block 3, Vail Valley Filing 1, and setting forth details in regard thereto. (PEC06-0017) Applicant: Robert Stephenson, Jr., represented by Snowdon Hopkins Architects Planner: Bill Gibson ACTION: Denied MOTION: Cleveland SECOND: Kjesbo VOTE: 5-1-0 (Bernhardt opposed) Bill Gibson presented the proposal according to the memorandum. Pam Hopkins, the applicant's representative, stated that the new GRFA policy needed to be re- evaluated bye both the Community Development Department Staff and the Planning and Environmental Commission. She commented that a different application of the regulations should be applied to residences which are older and which, when constructed, were subject to Page 1 E different GRFA regulations. She finalized her commentary by stating that there were thirty seven steps that led to the front door. No public comment was offered. Dick Cleveland stated that it would be a grant of special privilege ~to grant a variance for additional GRFA. He added that the new GRFA regulations actually increased in 2004 to account for the previously offered 250 addition. Regarding the site coverage variance, he was not comfortable with the request in the name of equity across the Town. . Pam Hopkins commented that she was disappointed by that statement. Bill Jewitt previously felt that the requests would be grant of a special privilege and that his feeling remained unchanged. Rollie Kjesbo asked if the elevator could be accommodated within the existing footprint of the house, to which Pam Hopkins replied in the negative. Rollie stated .that he had sympathy with the applicant regarding the GRFA request, but could not empathize with the site coverage request. , Bill Pierce commented that the current GRFA regulations granting credits for space on the lowest IeVel should fie re-evaluated in relation to garage vs. livable space. Chas Bernhardt stated that a text amendment is the' only way to address the GRFA request. Because the garage was just done, no site coverage was currently available and therefore, he could not sympathize with this request. He suggested that the GRFA request be redefined as a text amendment to the GRFA regulations instead. Dick Cleveland added that there was much previous discussion regarding the definition of a lowest level, regardless of the space that filled such level. Doug Cahill ;commented that a site coverage request might have been granted if the GRFA addition of an elevator and the construction of a garage had been reversed in order. 4. A request for a final review of a major exterior alteration; pursuant to Section 12-7J-12, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of the Timberline Lodge, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC05-0080) Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: George Ruther ACTION: Tabled to May 8, 2006 MOTION: Jgwitt .SECOND: Kjesbo VOTE: 6-0-0 a i George Rufher presented the project according to the memorandum, clarifying that the applicant was not currently asking for a final approval but rather for confirmation by the Commission regarding the definition of "natural topography" upon the site. He described how the topographic conditions upon the site were re-established to provide an "original" topographic survey. He cited the following assumptions as being used in the re-creation of the topographic conditions of the map: 1) presence of the Buffer Creek Drainage; 2) a topographic survey of the area prepared by PLC, dated 12/13/02; 3) a USGS topographic map dated 1950 (Minturn, CO. Quadrangle); 4) the topographic condition of the setback areas of adjoining properties; 5) locations and heights of retaining walls in the area; 6) the presence of mature and undisturbed vegetation; 7) visual site inspections oaf the area; & 8) economic considerations and factors in the 1970's. Page 2 Doug Cahill affirmed with Mr. Ruther that the only action that would be taken on this application today would be a tabling. Dominic Mauriello, the applicant's representative, stated agreement with the topographic assumptions that the Staff had reached. He requested that the Commission simply confirm that the work that had been done in this arena could be relied upon as the design scheme continued in detail. Bill Weiss, a member of the public, stated that his knowledge of the map wasn't stable, but expressed interest in how today's meeting would effect the plans that were presented in February. George Ruther responded that he did not know how the final design would change as a result of this "natural"topographic survey. Bill Weiss expressed understanding that this topo would be viewed only as a starting point to the final design schematic. Bill Jewitt confirmed with Bill Weiss that the "existing grade" is the same thing as the grade that existed prior to the construction of the Roost. Wendy Erb, a neighboring homeowner, commented that each of the individual property owners surrounding the proposed project, had invested substantial time and energy into the proposal. She made that request that the topographic map not be decided upon by the Planning Commission at this date until a time at which the neighboring homeowners had a chance to review the proposed map. ~~ Anne Bishop, a homeowner within the Buffehr Creek area, expressed concern regarding what documents were used to determine the map proposed for review today. She suggested taking a studied approach to the project under consideration today. George Ruther replied that the map being studied today was prepared by local land consultants in a study used by the prior owners of the Roost Lodge. The topo lines were made using assumptions made from site visits and the location of existing natural and manmade forms. Randy Guerrero, a homeowner behind the proposed development, also requested a tabling of the item, in spite of Staff's time spent with the historic grade assumptions. Randy stated that an irrigation ditch may not have been taken into account. He asked if the grade would be established after taking into account mudslides that had occurred on the property. He requested that a certain date be taken into account to base these assumptions upon. Kevin Deighan, the manager of the Roost Lodge LLC, stated that extensive work had been done on the proposal prior to today's meeting. He stated that the overall height of the impact may be affected'substantially by the topographic lines obtained by Staff and the developer. Mr. Deighan commented that more-than-enough scrutiny had been applied to this proposal, which was ause- by-right zoning application. Phyllis Dixon; of the Capstone Condominium Association, commented that additional information could have been communicated to the homeowners before this time. Bill Weiss added that there would have been a far greater turnout for the rezoning requests for this application had it been notified differently. Wendy Erb seconded the comment by Bill Weiss. Page 3 Bill Jewitt commented that the only change resulting from the re-zoning request was the addition of kitchens to accommodation districts. Greg Beamus, a resident of the neighborhood, said that he was unsure about the amount of scrutiny that- had been applied to the reconstruction of the topographic lines by Staff. He wondered whether aerial mapping had been used in the assumptions regarding "existing grade". Doug Cahill Commented that the Commission would be very critical, throughout the review of this proposal, of its "fit" within the character of the surrounding neighborhood. He commented that a baseline had been found for the hypothetical "existing grade" topo map. He seconded the developer's need to further study a design scheme for this site based upon "existing grade". The map, using the red lines, would be used for future design schemes. George Ruther acknowledged the receipt of a letter from Howard Picking, III, regarding the grade study. Bill Pierce commented that Staff had done sufficient work to determine the historic/natural/existing grade. Chas Bernhardt added that conditions of a site change frequently change due to natural circumstances. A basis determined using 1950's data seemed more than reasonable. The final vote on this proposal would take into strong account the character of this building related to its surrounding neighbors. Dick Cleveland asked if this same study had been done for other large projects approved within the same area. George Ruther responded that the same amount of study had been applied to "existing grades" for other large developments within the Town. Dick added that his main concern was,that each applicant within the Town be treated equally. Approval of the base map should not bg construed as approval of the project. Bill Jewitt agreed with what had been said in relation to the map. Regarding Mr. Picking's letter, Mr. Jewitt stated that some questions regarding his letter remained to be answered. However, those were issues to be discussed and perhaps amended in the future, rather in the middle of the review of this proposal. To him, the map seemed reasonable. More study would be done regarding the siteing, etc., in future hearings of the request. Rollie Kjesbo applauded staff for its attention to detail on the study of the topographic conditions. Doug Cahill affirmed that the Commission as a whole was supportive of the map that was shown at today's meeting regarding the "historic grade" upon the site. 5. A request for a final review of a minor exterior alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail Town Code, for the addition of enclosed floor area, located at 193 East Gore Creek Drive/Lot 56, Block 5, Vail Village Filing 1, (Gore Creek Plaza Building), and setting forth details in regard thereto. (PEC06-0018) Applicant: Gore Creek Plaza Condominium Association, represented by Fritzlen Pierce Architects Planner: Elisabeth Eckel Reed ACTION: Approved with conditions- MOTION: Kj~sbo SECOND: Jewitt VOTE: 5-0-1 (Pierce recused) CONDITION(S): Page 4 1 1. This approval shall be contingent upon the applicant receiving Town of Vail approval of the design review application associated with this minor exterior. alteration request. Elisabeth Reed presented the project according to the memorandum. The applicants, Matt Morgan and Kevin Clare, of Sweet Basil Restaurant, had no further comment. No public comment was offered. The Board was unanimously supportive of the request. 6. A request for final review of an appeal of an administrative action, pursuant to Section 12-3-3, Appeals, Vail Town Code, appealing a staff determination that an observatory is not an architectural feature allowed to extend above the building height limit, 1979 Sunburst Drive/Lot 12, Vail Valley Filing 3, and setting forth details in regard thereto. (PRJ05-0417) Applicant: Ned Gwathmey and Todd Kramer; Gwathmey, Pratt, Shultz Architects Planner: Bill Gibson ACTION: Uphold Staff decision MOTION: Kjesbo SECOND: Pierce VOTE: 3-3-0 (Bernhardt, Cleveland and Jewitt opposed) t ACTION: Tabled to April 24, 2006 MOTION: Jewitt SECOND: Bernhardt VOTE: 5-1-0 (Cahill opposed) Bill Gibson presented the project according to the memorandum The applicant's representative, Ned Gwathmey, described the application in further detail to the Commission using schematic design sketches. Jim Slevin, a neighboring homeowner, commented that the projection should be allowed to be built, particularly since its design might add some interesting architectural character to the surrounding neighborhood. Bill Pierce commented that he could not support exceeding the height limit since this was a potentially habitable space and not simply a projection. Chas Bernhardt suggested that the applicant pursue a text amendment to allow for this higher encroachment. Dick Cleveland commented that he thought that this proposal represented the intent of an architectural projection. He commented that he would not be in support of a text amendment for one insfances~ Bill Jewitt commented that this qualified as an "architectural feature". He did not think this qualified as habitable floor area. He was in support of the observation tower. Rollie Kjesbo did not feel that an impingement on height for possibly habitable space, was not warranted here. Doug Cahill commented that architecturally this was a nice projection. However, for it to be deemed as such, it should have no specific use, which this space did, as an. observatory tower. Page 5 He agreed in upholding the staff's decision of this as a habitable space and therefore, as needing to comply with the height requirements. h f Chas Bernhardt asked about the projection at the Arrabelle. Staff was not able to answer the question without researching the Town's files. Ned Gwathmey expressed some concern that other architectural projections had been allowed that significantly contributed to the architecture of those buildings.. Bill Pierce commented that those projections were not habitable space. Rollie Kjesbo made a motion to uphold the administrator's decision to not allow the proposed observatory to exceed the building height requirements. The motion failed by a vote of 3-3. Following the .vote for a tabling, Rollie Kjesbo requested that some additional information done by Staff to determine the way in which other similar architectural projection approvals within the Town have been treated previously. 7. A request for a recommendation to the Vail Town Council of an amendment to the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the Lionshead Study Area Boundaries and Chapter 5, Detailed Plan Recommendations, to include the study "West Lionshead" area, generally located at 646, 862, 890, 923, 934, 953, 1000, and 1031 South Frontage Road West/Lot 54 and Tract K of Glen Lyon Subdivision, Tracts C and D, Vail Village Filing 2, and several unplatted parcels (a more complete legal description is available at the Community Development Department), and setting forth details in regard thereto. (PEC06-0008) Applicant: Vail Resorts Development Company, Town of Vail„ and Glen Lyon Office Building General Partnership . Planner: Warren Campbell ACTION: Tabled to April 24, 2006 MOTION: Bernhardt SECOND: Jewitt VOTE: 6-0-0 8. A request for a final review of a variance, from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to ~hapter 12-17, Variances, to allow for a new single family residence within the front and side setbacks, located at 1740 Sierra Trail/Lot 22, Vail Village West Filing 1, and setting forth details in regard thereto. (PEC06-0015) Applicant: Lois Solis, represented by Michael Suman Architect Planner: Matt Gennett ACTION: Tabled to May 22, 2006 MOTION: Cleveland SECOND: Jewitt 9. Approval of March 27, 2006 minutes MOTION: Bernhardt . SECOND: Jewitt Cleveland recused) •y: 10. Information Update 11. Adjournment MOTION: Kjesbo SECOND: Bernhardt VOTE: 6-0-0 VOTE: 4-0-2 (Pierce and VOTE: 6-0-0 Page 6 The applications and information about the proposals are available-for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. r Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published April 7, 2006, in the Vail Daily. Page 7 DESIGN REVIEW BOARD AGENDA April 5, 2006 ~~~~ s 3:00 P.M. PUBLIC MEETING /PUBLIC WELCOME PROJECT ORIENTATION /LUNCH -Town Council Chambers MEMBERS PRESENT Mike Dantas Sherry Dorward Pete Dunning Margaret Rogers MEMBERS ABSENT Lynn Fritzlen SITE VISITS 1. Leeds Residence - 286 Potato Patch Drive 2. Dantas Residence - 1446 Buffehr Creek Road 3. Henkes Residence - 2824 Snowberry Drive 4. Oberlohr Residence - 2179 S. Moritz Way 5. Syman / Zyman Residence - 82 West Meadow Drive 6. Tacna LLC - 292 East Meadow Drive 7. Arnold / Newman Residence - 3954 Bighorn Road Driver: Matt PUBLIC HEARING -TOWN COUNCIL CHAMBERS 12:OOpm 2:OOpm 3:OOpm 1. Swearing in of Margaret Rogers, Pete Dunning and Mike Dantas by Lorelei Donaldson, Town Clerk 2. Election of Chair and Co-Chair ACTION: Margaret Rogers as Chair MOTION: Dunning SECOND: Dorward VOTE: 4-0-0 ACTION: Pete Dunning as Co-Chair MOTION: Rogers SECOND: Dorward VOTE: 4-0-0 3. Dantas Builders Residence DRB06-0058 Matt Final review of a new construction (single-family residence) 1446 Buffehr Creek Road/Parcel A, Residences at Briar Patch 4th Amendment Applicant: Dantas Builders ACTION: Approved MOTION: Dunning SECOND: Dorward VOTE: 3-0-1 (Dantas recused) 4. Leeds Residence DRB06-0038 Matt Final review for a residential addition (front entry) 286 Potato Patch Drive/Lot 14, Block 1, Potato Patch Subdivision Applicant: Gary and Liz Leeds, represented by Kyle Webb ACTION: Tabled to April 19, 2006 ' MOTION: Dorward SECOND: Dantas VOTE: 4-0-0 Page 1 5. Arnold / Newman Residence DR606-0059 Warren Final review of a residential addition (new exterior, new recreation room, living room) 3954 Bighorn Road/Lot 6, Gore Creek Park Subdivision Applicant: Andy Arnold and Ann Newman, represented by Tom Frye ACTION: Tabled to April 19, 2006 MOTION: Dunning SECOND: Dorward VOTE: 4-0-0 6. Oberlohr Residence DRB05-0366 Bill Final review of new construction (single-family residence) 2179 St. Moritz Way/Lot 6, Vail Heights Filing 1 Applicant: Konrad and Monika Oberlohr, represented by John Martin, Architect, LLC ACTION: Approved MOTION: Dunning SECOND: Dantas VOTE: 4-0-0 7. Syman /Zyman Residence DRB06-0050 Bill Conceptual review (exterior remodel of duplex) 82 West Meadow Drive, Units A and B/Lot 1, Vail Village Filing 2 Applicant: Gary Syman and Becky Zyman, represented by Larry Deckard ACTION: Conceptual review; no vote 8. Cox Residence DRB06-0057 Bill Conceptual review of a residential addition (deck enclosure) 278 Hanson Ranch Road/Lot A, B & C, Block 2, Vail Village Filing 1 Applicant: William and Arthur Cox, represented by Burke Harrington Construction ACTION: Conceptual review; no vote 9. Tacna LLC DLRB06-0079 Bill Conceptual review of an addition (windows/decks) 292 East Meadow Drive/part of Tract B-C, Block 5, Vail Village Filing 1 :Applicant: Tacna LLC; represented by Courtney Gregory ACTION: Conceptual review; no vote 10. Sundial Townhomes DRB06-0080 ~ Bill Final review of a minor alteration (exterior changes) 5040 Main Gore Place/Sundial Subdivision Applicant: Sundial Townhomes Association, Inc., represented by Robert W. Attleson Architects ACTION: Approved MOTION: Dorward SECOND: Dantas VOTE: 4-0-0 11. Henkes Residence DRB06-0087 Bill Conceptual review of a residential addition (new primary/secondary residence) 2824 Snowberry Drive/Lot 17, Block 9, Intermountain Subdivision Applicant: Andrew Henkes ACTION: Conceptual review; no vote 12. Vail Mountain View Residences DRB06-0036 George Conceptual review of new construction (multi-family residences) 422 South Frontage Road West/Vail Village Filing 5 L Applicant: Ron Byrne ACTION: Conceptual review; no .vote Page 2 Staff Approvals Kalkus Residence DRB05-0638 gill Final review of change to approved plans (deck expansion, patio & walls) 324 Beaver Dam Road/Lot 19, Block 7, Vail Village Filing 1 Applicant: Peter Kalkus, represented by Steve Riden Bates Residence DR606-0044 Matt Final review of a minor alteration (window addition) 12 Vail Road, Unit R-8/Lot N, Block 5D, Vail Village Filing 1 Applicant: Thomas Bates, represented by Steven James Riden, Architect Rondeau Residence DRB06-0070 Joe Final review of a minor alteration (window and door) 1613 Matterhorn Circle/Lot 26, Matterhorn Village Subdivision Applicant: Paul and Nancy Rondeau Commfluent Sign DRB06-0065 Warren Final review of a sign 141 East Meadow Drive/Lot P, Block 5D, Vail Village Filing 1 Applicant: Peter;Knobel, represented by Kristin Kenney Williams Broach Residence DRB06-0053 Warren Final review of a minor alteration (sliding door/patio) 434 Gore Creek Drive, Unit A-1 B/Lot B, Block 3, Vail Village Filing 5 Applicant: Dudley Broach, represented by Saundra Spaeh Delvalle Residence DRB06-0064 Bill Final review of a minor alteration (connection of two decks, relocation of hot tub) 1944 Sunburst Drive/Lot 2, Vail Valley Filing 3 Applicant: Antonio Delvalle, represented by Constance Miller f. i Burnett Residence DRB06-0024 Warren Final review of a minor alteration (windows) 1987 Circle Drive, Unit B/Lot 26, Buffehr Creek Subdivision Applicant: Amy Burnett, represented by Vicki Baur Muncaster Residence DRB06-0074 Joe Final review of a minor alteration (re-roof) 3887 Lupine Drive/Lot 5, Block 1, Bighorn Subdivision Addition 1 Applicant: hleil Muncaster, represented by Nedbo Construction i DePedro Residence DRB06-0049 Matt Final review of a residential addition (enclose patios) 600 Vail Valley Drive, Unit D204/Pinos del Norte, unplatted Applicant: Javier DePedro, represented by Beth Levine Architect, .Inc. Wisor Residence DR606-0052 Matt Final review of a residential addition (enclose deck) 3094 Booth Falls Road, Unit 8/Lot 12, Block 2, Vail Village Filing 2 Applicant: Dee Wisor, represented by TRD Architects Page 3 Settani Residence DRB06-0084 Joe Final review of a minor alteration (door) 292 East Meadow Drive, Unit 222/Vail Village Filing Applicant: Thomas and Williams Settani, represented by Casabonne Enterprises Sunwood at Vail DR606-0072 Warren Final review of a minor alteration (siding) 4594 Meadow Drive/Bighorn 4th, unplatted Applicant: Sunwood at Vail Homeowners Association, represented by Sandy Salmons Marks Residence DRB06-0076 Matt Final review of a'mirior alteration (landscaping) 2685 Bald Mountain Road/Lot 8, Block 2, Vail Village Filing 13 Applicant: Donald and Susan Marks Marks Residence DRB06-0077 Matt Final review of a minor alteration (re-roof) 2685 Bald Mountain Road/Lot 8, Block 2, Vail Village Filing 13 Applicant: Donald and Susan Marks .Kondos Residence DRB06-0016 Bill Final review of a~residential addition (garage) 1673 Matterhorn Circle/Lot 20, Matterhorn Village Applicant: Daniel Kondos, represented by Prudential Colorado Properties ' Musson Residence DRB06-0083 Elisabeth Final review of change to approved plans (exterior finishes, windows) 2460 Bald Mountain Road/Lot 20, Block 2, Vail Village Filing 13 Applicant: Paul and Elisa Musson, represented by Mosaic Architects Snowstorm, LLC DRB05-0577 Final review of a~minor..alteration (landscaping) 2009 Sunburst Drive/Lot 15, Vail Valley Filing 3 Applicant: Snowstorm, LLC, represented by Nedbo Construction Warren 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. Page 4 T~OWNOF YAI~ Town Clerk MEMORANDUM TO: Town Council members FROM: Lorelei Donaldson, Town Clerk RE: Letters of Interest for the Vacancies on Housing Authority and the Local Licensing Authority (Liquor Board) DATE: April 18, 2006 The following is a list of interested community members that will be interviewed for the following Town of Vail boards at the April 18, 2006 work session. The letters of interest and resumes are attached for your review as well as the attendance records.. Housing Authority (1 vacancy to be filled, fora 5 year term -May 31, 2011) Mark Ristow* Local Licensing Authority (2 board vacancies fora 2 year term -May 31, 2008) Kaye Ferry* Connie Knight Robert McKown* Bryant Roth *Members seeking reappointment Staff is requesting that the Town Council appoint one member to the VLHA for afive- yearterm, ending May 31, 2011 and two members to the LLA for two-year terms ending May, 31, 2008. 75 South Frontage Road .Vail, Colorado 81657.970-479-2136/ FAX 970-479-2320 . www. vailgov. com RECYCLED PAPER April 12, 2006 The Vail Town Council 75 South Frontage Road Vail, CO 81657 Dear Sirs and Madam, Please accept this as my statement of interest in retaining my position on the Vail Local Housing Authority (VLHA). I have served as a member of the VLHA since 2001, and prior to that was a member of the Town of Vail Housing Authority from 1991-1994. Additionally, I have served as Vice President and Treasurer of Habitat for Humanity of Eagle and Lake Counties since 2001. This experience, combined with my 25 years as an officer of the ' FirstBank of Vail has provided me with a unique insight into the problems faced in providing and maintaining affordable housing alternatives for the residents of Eagle County and the citizens of the Town of Vail in particular. I look forward to working with you to ensure that affordable housing remains available to the citizens of Vail. Please feel free to contact me at 479-3301 or mark.ristow@efirstbank.com with any questions. Sincerely, Mark R. Ristow Vail Local Housing Authority 2005 - 2006 Attendance Record 1/6/2005 1/13/2005 1120/2005 1/27/2005 2/3/2005 2/10/2005 2/24/2005 3/3!2005 3/10/2005 3/24/2005 4/21/2005 5/1912005 6/9/2005 6/30/2005 7/21/2005 8/18/2005 9/13/2005 9/15/2005 Steve Lindstrom X X X X X X X X X X X X X X X X X X Mark Ristow X X X X X X X X X X X X X X Sally Jackie X X X X X X X X• X X X X X Kim Ruotolo X X X X X X X X X X X X X X X X X Ethan Moore X X X X X X X X X X X X X x =attended meeting 10/19/2005 (retreat) 11/17/2005 12/15/2005 1118/2006 1119/2006 2/14/2006 2/16/2006 3/16/2006 3/21/2006 4/11/2006 X X cancelled X X x cancelled x x x X X cancelled X X x cancelled x x X X cancelled x cancelled X X cancelled X X x cancelled x X X cancelled X x cancelled x x Lorelei Donaldson J Vail Town-Clerk Town of Vail 75 S. Frontage Road Vail, Colorado 81657 March 22, 2006 Dear Lorelei: I am interested, in applying for the recently advertised position. on the Vail Local Licensing Authority and extending my current term by an additional 2 years. I meet the qualifications in that I am~a citizen of the US, a registered voter in the Town, of .Vail and have resided in the Town of Vail for more than two years. As the current Vice Chairman of the VLLA, I think we have had a positive affect on the hospitality industry in Vail. Additionally, I believe my background in the restaurant/bar business has .added a much needed dimension to the board. Last year's annual meeting was well attended and considered to be very successful and informative. I think our efforts to work with the bars and restaurants in Vail as well as special events producers will continue to provide a positive business environment. I would like to continue in this role that I have served in for the last 2 years. r your consideration. 1007 Eagle's Nest Circle Vail, Colorado 81657 ~ht April 11, 2005 Town Council Members Attention: Lorelei Donaldson, Town Clerk Town of Vail 75 S. Frontage Rd Vail, CO 81657 Dear Council Members: Connie Knight, President 385 Gore Creek Drive, Suite 201 ~ Vail, CO 81657 Telephone & FAX: (970) 476-3615 • e-mail: cknight@vail.net Although I am a former member of the Vail Licensing Authority, I have not served actively for the past few years and I certainly do miss public service. I like to be involved with our community and this board is a small way that I can say, "Thank You." I believe I can offer insight, knowledge and experience to the liquor board. I would take this appointment seriously and I would be dependable and conscientious. I would appreciate your votes for approval. Thank you for your consideration. Sincerely yours, ~'; > ' r ,, ~... emu--~..~~°z-._- ~~i ~ ~._ Connie Knight ~ ` `~ ,.~ r~ I ~0 IDD ~ ~ ~ ,~ ~~`~ FROM: ROBERT A. McKOWN BOX 4361 2092 ZERMATT LANE, #D VAIL, CO 81658 TO: TOWN COUNCIL MEMBERS TOWN OF VAIL LORELEI DONALDSON TOWN CLERK TOWN OF VAIL MEMBERS, MY.CURRENT TERM ON THE LOCAL LICENSING BOARD IS ABOUT TO EXPIRE AND I WOULD LIKE TO BE CONSIDERED FOR ANOTHER TERM. THANK YOU FOR YOU CONSIDERATION. RESPECTFULLY, BOB McKOWN .FROM :CAMPO DE FIORI RISTORANTE Apri112, 2006 Members of the Town Council, FAX N0. :9704790165 Apr. 12 2006 04:02PM P1 0 My name is Bryant Roth and Y ant interested in being a member of the Vail Local Licensing Authority. I meee all of the qualifications necessary to be a member. Also, as a restaurant assistant manager and waiter over the past ten years, as well as the fact that I am TIPS certified, I believe I will be an excellent addition to the Liquor Board. e ~...~ Thank you, ~~ Bryant Roth 2801 Basingdale Blvd. ~2 Vail, CO S 1657 ' 477-4645 6 ~..o e a.o Local Licensing Author ity Attendance Record: January 2005 to April, 2006: x NAME: Bill Bishop ¢ob Louthan Kaye Ferry Bob Mckow Dick Cleveland A pointed: June-03 June-03 June-04i August-0 January-06 tatus: ~ erving 2nd term erving 1st term of 2 yrs. i I I ~ i i serving 1 std term of 2 yrs. rved 1st term eplaced K. Foley served partial term TERM: term ends June 2005 l term ends June 2005 term ends June 2006 ) term ends June 2006 term ends June 2007 MEETING DATES: 12-Jan-05 x x x 9-Feb-05 x x x 9-Mar-05 x x x 13-Apr-05 x x 11-May-05 x x x 8-Jun-05 x x x 13-Jul-05 x x ~ _ _ 10-Aug-05 x x ~ x x 14-Sep-05 x x x x n/a 12-Oct-05 x ~ x x x n/a _ 9-Nov-05 x x x x n/a 14-Dec-05 x _ x ~ x x _ n/a 11-Jan-06 x x x x j x 8-Feb-06 x x x _ __ x _____ ~ x 8-Mar-06 x ~ x___ __ x__ x _ _ x 12-Apr-06 x _ x x ___ x ____ x 10-May-06 ~ ---~-- MEMORANDUM To: Vail Town Council From: Nina Timm Date: April 18, 2006 Subject: Employee Housing Strategy I. Purpose Attached to this cover memo~is a draft "Housing Strategy." The goal of this document is to define the employee housing problems facing the Town of Vail and provide a variety of possible solutions. No single solution will meet the increased demand for employee housing. The goal is to incorporate these solutions into the community plan conversations and be prepared to act quickly:based on the conclusions of the community as defined by the community plan. Acting quickly is going to be important to maximize the limited number of opportunities the Town has to preserve and create housing that allows employees to continue to live in town. There are certain steps the Town may want to take prior to the community plan process so that it is ready to implement new policy. The goal of today's work .session is to simply provide the background education about.the increasing housing challenge in the Town of Vail. Staff will be back to Council in an evening session on May 2 to make .specific recommendations and requests for changes in the Town's employee housing policy. II. The Challenge Without additional action by the Town of Vail, in the future there will only be 1316 remaining locally employed residents in Vail (in the.current deed restricted units) and the rest will be "active retirees" and traditional second home. owners. These employees will live in Middle Creek, Vail Commons, Red Sandstone Creek, North Trail Townhomes, and the limited number of beds provided by local employers. With the loss of almost half of the lowest priced units that were previously locally occupied in Vail sold as second homes the need to permanently preserve and create additional employee housing units is critical. Without employees living in Vail businesses will be less able to hire and retain staff and have a year round customer base. When employees are hired, who live outside of Vail, parking and transportation options will need to be provided by the Town of Vail. This is either a housing or parking and transportation issue for the Town of Vail. DRAFT Housing Strategy White Paper Town of Vail 1 of 23 DRAFT _. I. Introduction The purpose of this white paper is to provide the background for the employee housing policy in the Town of Vail as well as provide an overview of current policies. The goal is to provide the Town Council with enough information about the challenge and the solutions to be able to implement housing strategies that allows the Town of Vail to maintain housing for at least 30% of the workforce. Currently approximately 30% of Vail's workforce ,lives within the-Town of Vail. As the number of jobs increases and current housing stock becomes less available the ability of the Town to have housing for 30% of the workforce within its boundaries has become more challenging. As more of the workforce comes from elsewhere, this places additional burdens on local businesses for hiring, local transportation systems for .getting these employees to work, and the local sense of community erodes as people'spend time in Vail "only to work." Without action Vail will become simply a resort and the community will exist some place else. New and redeveloping development will generate demand for housing in Vail that cannot be met under current conditions without some intervention by the Town. Such intervention will need to include both incentives and requirements for creating and/or acquiring housing that will meet new demand as well as increase the supply of housing needed to address gaps in the current housing stock. The housing supply, which is decreasing for employees in Vail cannot meet current demand by local residents and employees AND demand generated from second homeowners. Vail is also part of a larger region that faces similar constraints with regard to addressing local demand for housing. The Town of Vail has made a proactive choice to at least keep up current levels of housing options for employees within the Town of Vail. With approved new development this will require new housing units for at least 500 new employees. To achieve this goal the methods for maintaining and providing additional employee housing . units will need to be varied and changing as opportunities present themselves. II. Current Conditions A. .Iob Growth As part of Vail's "Billion Dollar Renewal," approximately 1,500 new jobs will be created. Based on anticipated additional redevelopment in the Town of Vail another 2,115 .new jobs maybe created in the' future., This additional redevelopment includes the areas known as West Lionshead, West Vail, Vail Village, and additional sites in Lionshead not currently under redevelopment. Further more, about 7,370 riew jobs are expected to be created in the Avon and Edwards vicinity based on estimated development in these areas in the next five to ten years (based on current zoning). As with Vail, most 2 of 23 DRAFT of these will• be retail and service jobs with related entry-level and mid-management positions. Of all jobs in Eagle County, 34% are in accommodation, retail, and food service categories. In 2004 these jobs paid an annual average wage in Eagle County of $24,309. (Colorado Dept: of Labor & Employment) The second home study completed by the NWCCOG indicates that there will be on-going demand for services from second homeowners, many of whom plan to move to the area permanently. As a result, there is likely to be a year-round need for employees willing to work in lower paying service and retail positions. It is also important to note that the Ginn Development, as envisioned, when built out will add between 800 and 1,000 new jobs in Eagle County. Most important to the Town of Vail is that currently about 14% of Vail's workforce commutes in from Lake County and will be driving past these job opportunities. B. Housing Availability Based on development projects already underway, new jobs in Vail are anticipated to conservatively result in the need for between 600 and 800 new residences. For Avon and Edwards areas, the new employees will generate demand for an additiona14,656 housing units. (RRC Associates) Last year, almost half (46%) of the lowest priced homes that sold in Vail were purchased by out of area buyers and that percentage is expected to continue to increase. In the January, 2006 MLS there are 194 properties for sale within the Town of Vail. Of these, 4% (9 units)' are priced less than $500,000. All but one of the 9 units is a.one- bedroom condominium. There are approximately 1,520 employee households (owned and rental) in Vail today. Two thirds of this is not restricted in any way. Based on real estate trends these units are likely to be sold or rented to non-employees in the future. Middle Creek Apartments came on-line in December 2004 with 142 new apartments. At this time (Apri12006), all of the units are occupied with 12-month leases. At Timber Ridge, 156 apartments are available for rent. All but 17 of those are under amulti-year master lease. According to the 2000 Census 815 employees that live in Vail work elsewhere in Eagle County. Today, with what is currently approved in Vail, the Town of Vail will be short 300 new beds to maintain housing in Vail for 30% of its workforce. 3 of 23 DRAFT C. Parking and Transit In 2000, 43% of Vail's workforce lived inside Eagle County but outside of the Town of Vail. This means that 4,185 employees commute into Vail from elsewhere in Eagle County for work., They either need public transportation or a parking space. For 2005, owners at Miller Ranch held 352 total jobs. Of those 101 were held in Vail or on Vail Mountain. Well over half of the 101 jobs (66) are either seasonal or in the retail, restaurant or accommodations business. These types of jobs are also readily available in the Avon and Edwards areas. Encouraging down valley workers to .commute to Vail will become more of a challenge as workers live down valley and have attractive job alternatives closer to where they live. III. Who l~teeds Delp There are currently about 9,124 jobs in Vail. Approximately 4,500 of these are entry level positions. These jobs are held by approximately 6,300 employees. (Average employee holds 1.3 jobs) Of the 6,300 employees 2,800_ currently live in the Town of Vail, another 2,331 live between Eagle Vail and Edwards. Questions to consider include: What is the desired relationship of rental to for-sale units? What is the desired relationship of seasonal to year round employees? What is the desired relationship between various incomes? A. Seasonal Rental Units The Town of Vail has approximately 1,700 jobs that exist only in the winter. These. employees are critical to the success of the resort. The seasonal employee tends to require housing near to the place of employment, but is willing to share a unit. Convenient access to public transportation is important as well. This serves the employee well and reduces the number of cars that need to park near Vail Village or Lionshead. The best rental scenario provides them asix-month lease on a bedroom rather than an entire unit. Rental rates should aim to be between $400 and $600 per month per bedroom. Because of this it is ideal to have the units master leased by local businesses and create partnerships to keep the units full on a year round basis. Vail Resorts is a criti''cal partner in addressing this housing need. There maybe other partners for this type of housing as well. Based on the current redevelopment the number of seasonal jobs will be increasing in Vail. ;. B. Long Term Rental Units There is a large segment of employees that either is not in a position to purchase a home or choose not to purchase a home. '.This group of employees may have two seasonal jobs but remains employed full-time, year round. These employees are critical to Vail's 4 of 23 DRAFT success but a being priced out or forced out by the sales of existing housing. These employees need to be provided affordable and comfortable housing opportunities or they will either choose to live "down valley" or leave Eagle County all together for more opportunity. An effort has been made in Eagle County to provide more rental opportunities for this segment of employees. Middle Creek, Buffalo Ridge, and Lake Creek generally provide more housing opportunities than other segments of employees have available. In today's market the vacancy rates in these apartment complexes is very low. A portion of this stock that has not been built with public participation, is currently being lost to condominium conversion or being removed from the long-term rental pool. Preservation of other apartments will be critical to all of Eagle County. C. Entry Level For Sale Units Vail Commons, Red Sandstone, and North Trail are all good examples of this housing. Purchase prices range from $135,000 to $250,000. The units are price appreciation capped to ensure their continued affordability to the widest range of employees. The units range in size from one to three-bedrooms and 900 square feet to 1800 square feet. Adequate storage space is essential. The demand for these units has continually outpaced the supply within the Town of Vail and very few of these opportunities exist elsewhere in Eagle County. The employees tend to be full-time, year round employees that have.been in the community for at least a couple of years. There is very little turnover in the Town's stock of these units. This is likely because the free market is not providing opportunities to move into the next housing level. D. Step Up For-Sale Units This may include price appreciation capped units and simply deed restricted units. This housing maybe for people already in deed restricted units, it maybe for people who are currently down valley and want to move back to Vail given an opportunity, and it may also be for employees who are previous homeowners and are just moving to Town and there is no market opportunity for them to buy a unit in Vail and the "down valley". Purchase prices may range from $250,000 to $400,000. The market used to provide opportunities for this group of employees "down valley", but the "down valley" markets have appreciated at rates similar to those in Vail. In the January 2006 MLS the average list price of a half duplex in Eagle Vail is $799,871 (2,480 average sq ft) and the average list price of a townhome in Homestead is $531,500 (2,168 average sq ft). E. Upper Level Housing This level of housing may prevent a current employee living in Vail from cashing out on their smaller Vail unit and moving down valley, it maybe attractive to someone living elsewhere in Eagle County acid wanting to move to Vail, it maybe attractive to entice a 5 of 23 DRAFT professional employee to work in Vail from elsewhere in the Country. The market is not offering units from $400,000 to $1,000,000 in Vail that work for local employees and their families. This level of housing would be deed restricted but likely not .price appreciation capped. The market has provided a couple of successful examples of these .units recently. 1880 West Gore Creek Drive is a deed restricted half duplex. It is 2,098 square feet, includes a two car garage and sold last year for $751,800 or $358 /square foot. Which of these groups is the primary focus? How might it vary from year to year? Where do the other 70% Live? How far is "down valley"? Do we iricentivize the creation/preservation of more professional jobs in Vail? Can housing programs have any effect on this? Of the 70% of employees that work in Vail but live elsewhere in Eagle County, 37% live between Edwards, Avon, and Eagle Vail (2000, US Census). The real estate forces at work in Vail are also changing the make-up of these traditionally more "bed room" communities. These communities are also experiencing large amounts of commercial growth. While not quantified, the types of jobs moving or being added "down valley'.' may be more professional in nature rather than retail and service oriented. A few examples of this are Vail Resorts moved their corporate headquarters from Vail to Avon, the Vail Valley Medical Center continues to expands its operations west, Evans Chafee Construction (Avon) and Beck Building (Avon) used to be located in Vail. IV. Current Town of Vail Employee Housing Inventory A. Current Inventory 142 Deed Restricted Rental Units at Middle Creek 198 Deed Restricted Rental Units at Timber Ridge (156 Occupiable) 6 Deed Restricted For Sale Units at North Trail Town Homes 5 Deed Restricted Buy Down Units dispersed in Town of Vail 12 Rental Units at Creekside in West Vail 18 Deed Restricted For Sale Units at Red Sandstone Creek 24 Deed Restricted Rental Units at Buzzard Park 5315eed Restricted For Sale Units at Vail Commons 18 Deed Restricted Rental Units at Vail Commons 148 Deed Restricted Employee Units that are Privately Owned Total = 624 deed restricted employee housing units There are currently 6412 total dwelling units (Eagle County, 2005) in the Town of --- Vail. Of these, 9% or 624 are deed restricted as employee housing units. 6 of 23 DRAFT B. Current Obligations An obligation from Vail Resorts to provide 144 employee beds An obligation from Vail Plaza Lodge to provide 39 employee beds An obligation from 4 Seasons to provide 28 employee housing units An obligation from Westhaven to provide 4,400 sq ft of deed restricted employee housing An obligation from Crossroads to provide housing for 12 employees Total = 257 (approximately) employee beds V. Current Town of Vail Strategies A. Commercial Linkage Currently the Town of Vail utilizes Commercial Linkage for large commercial projects going through the Special Development District process and the Lionshead Master Plan Area. If a development complies with zoning (Lionshead Master Plan Area) the Town requires them to mitigate for 15% of the net new employees. For Vail Resorts, including the "Front Door" and the Lionshead development they are obligated to provide 144 beds of employee housing: For the Vail Plaza Lodge and the Four Seasons the Town required them to mitigate for 30% of the net new employees. They are obligated to provide a total of 67 new employee housing beds. There are no standards to define what an employee housing bed entails. To date, the Town has received small, multi-bed, on-site units to meet the employee housing requirement. The exception to this is the Westhaven approval where the Town of Vail will receive at least 4,400 square feet of deed restricted employee housing in at least two units. If the Town of Vail maintains the goal of providing housing for at least 30% of~the employees within the Town of Vail, the current commercial linkage requirement of 15% for projects that comply with existing zoning the Town will create a larger deficit for the Town to make up in the future. There is some concern about increasing this requirement because it is not generally profitable to develop, but increasing the amount of commercial square footage in Town is important because it generates sales tax for the Town of Vail. This two competing goals will need to be addressed in any revision of the Town's commercial linkage policy. B. Zoning Incentives The Town provides 500 deed restricted, additional square feet to build an employee housing unit attached to another dwelling unit. Since the early 1990's this has caused 148 deed restricted, employee housing units to be built throughout the Town of Vail. Since 2000 only 21 units have been built with the current incentives. 7 of 23 DRAFT Currently the Town does not truly provide incentives to the private sector to build employee housing units. An thorough examination of gross residential floor area limits would need to be undertaken to provide true incentives to the private sector. C. Town Provides Land for New Housing Development •. The Town has provided land within the Town of Vail to build new deed restricted, employee housing units. The Town has successfully added 261 units of deed restricted housing using this strategy. (Middle Creek, Vail Commons, Buzzard Park, Red Sandstone, North Trail) This approach has been very successful. The Town does have limited land opportunities left for this strategy to continue to be effective. Maximization of deed restricted employee housing units at Timber Ridge and the Chamonix Property are the two largest opportunities remaining. D. Town Purchases or facilitates the Purchase of Existing Housing Stock The Town has purchased 215 existing housing units within the Town of Vail and preserved them as permanent, employee housing units. (Timber Ridge, Creekside, and the Buy Down Program) This continues to be a good strategy but has gotten extremely expensive and lacks a funding source other than allocations from the Town budget. VI. Alternatives For Consideration There are a variety of tools that other communities have implemented to maintain a stock of housing for their employees. No community relies on one policy to meet the housing needs. The Town of Vail.will need to consider multiple approaches to achieve housing for at least 30% of the employees. No one tool can generate enough units to meet the employee housing needs. A. Commercial Linkage Based on anticipated new commercial redevelopment the Town of Vail can expect 2,115 new jobs to be created in the Town of Vail. This strategy would provide 332 new housing units using a 30% mitigation rate or 221 new housing units using a 20% mitigation rate. Begin an updated rational nexus specific to the Town of Vail . Provide a standard % requirement for new commercial square feet __ __ Provide a range of options to mitigate for the requirement (define requirements) On-Site qualitative and quantitative standards per employee to be housed Off-site qualitative and quantitative standards per employee to be housed 8 of 23 DRAFT Pay-in-Lieu options per employee to be housed or portion there of Should there be an incentive to provide certain types of units? Family sized units that may house fewer employees, but meet another community goal? Qualitative Criteria: Aesthetic and other design requirements not quantifiable by specific measurement, such as square footage. Quantitative Criteria: Specific quantifiable. design elements and requirements, such as minimum square footage, etc. Employee to be housed (ETBH): The basic unit for determining the requirement. This policy does not help the Town catch up with any existing housing deficits or losses in existing stock, but does allow the Town to keep up with a percentage of new housing demand. This policy could serve any segment of the employee housing market depending on the qualitative and and quantitative standards established. Typically this policy has served more seasonal employees in on-site units. B. Residential Linkage Consider a residential linkage requirement. With the growth in high end residential units this tool is being used more frequently in other resort communities. The same as commercial linkage, but it is applied to all residential development. With the growth of highly amenitized residential developments the job demand created in these developments is high. Recognizing the job generation as well as the lucrative nature of residential developments in resort communities other resorts are beginning to look at this as a valuable tool for employee housing mitigation that is tied directly to the job generation. All of the same questions that need to be answered for commercial linkage will need to be addressed for a residential linkage program. C. Inclusionary Zoning Based on anticipated redevelopment the Town can expect 2,206,823 net new square feet of residential development. This strategy would provide 441,365 square feet of new employee housing units based on a 20% inclusionary zoning policy. Should this requirement be portable to elsewhere within the Town of Vail? Is the Town prepared to regulate HOAs as part of this requirement? If this is applied to commercial development along with commercial linkage that would be double dipping on commercial development. Can you incentivize deed restricted units by providing free market GRFA bonuses? This policy does not help the Town catch up with any existing housing deficits or losses in existing stock, but -does allow the Town to keep up with a percentage of new~housing demand. This policy bests serve employees ready to purchase homes in Vail. 9 of 23 DRAFT Many resort communities have recently included this in their zoning code or are currently discussing its addition. It may prove to have a real dampening effect on redevelopment in the Town of Vail. Some resort communities have reduced the % of square feet required to be deed restricted or allowed for other off-site mitigation options. D. Impact Fees Based on anticipated redevelopment the Town can expect 2,206,823 net new square feet of residential development. This strategy could be expected to provide $1,103,412 dollars based on an impact fee of 0.50 /foot fee on new residential square feet. If an impact fee also included commercial square feet it is estimated that an additional . $111,912 would be generated as part of anticipated redevelopment. This policy does not create new units but does allow the Town the flexibility of preserving existing housing stock or subsidizing other employee housing developments or capitalizing on another opportunity. The money collected for a housing impact fee would have to be spent on housing initiatives. This tool is being used in many resort communities. The flexibility that it provides is very useful. . E. Revised Buy Down Program /Down Payment Assistance Down payment assistance maybe offered in exchange for deed restricting a unit.. In addition to the Town seeking out units to purchase, deed restrict and resell at a reduced price, allow the individuals to bring units for acceptance into this program, this maybe at the time of purchase or at any time during ownership. The thought would be that the ,down payment assistance would be a grant rather than a loan. This would be a greater incentive to deed restrict a unit. An impact fee maybe used to fund this along with current Town funding for the buy down program. The Housing Authority maybe the reviewing entity for acceptance of a unit into this program and at what dollar amount. Based on the subsidy amount and the unit the deed restriction may or may not have a price appreciation cap. An issue that has been raised with this program is the Town's ability to enforce the terms of the deed restriction. Without the wherewithal to enforce the deed restriction this would be viewed as a free subsidy for unit owners. Based on recent attorney's input the ..deed restrictions have been revised and the Town has been given the advice that the deed restrictions are legally defensible. Based on funding for this policy it may or may not generate many additional deed restricted, employee housing units. This program would help maintain existing housing stock as available to local employees. It could help make inroads on the loss of existing _ housing stock and may reduce future housing deficits. Upon resale of these units, it will have allowed the Town to purchase future deed restricted units at today's real estate price. 10 of 23 DRAFT F. Review of Town Owned Land and Their Zoning Designations Timber Ridge -looking at redevelopment -currently no underlying zoning Chamonix Property - in the master planning process (anticipated MDMF zoning) Arosa Site - 1 Town owned lot zoned primary/secondary (also allowed an EHU) Middle Bench of Donovan Park -purchased with RETT Berm south of Lionshead Parking Structure -zoned General Use Top of Lionshead Parking Structure -zoned General Use Berm south of Village Parking Structure -zoned General Use Others? G. Revised Zoning Code to Incentivize or Require Employee Units What causes some developers to build these and others to not build an EHiJ? What does it take to make some one build a unit of a reasonable size to sell? Do the economics work to create rental units? Does this mean that incentives should be geared to creating for-sale type units that meet the community goals of the Town? Does vertical zoning create additional opportunity for success? VII.O ther Communities -Strategies Many other resort communities have housing requirements that are based on new residential and commercial development. Most communities are always in the learning process and modifying their requirements to meet changing community goals and needs. It will be very important for the Town of Vail to tailor the housing requirements to Vail's needs, constraints, and opportunities as they change over time. Attached is an overview of various other communities housing programs. There is a brief summary below for convenience. The attachment contains a more complete table of different communities employee housing programs. A. Inclusionary Zoning The following communities have inclusionary zoning requirements: Aspen/Pitkin County 30% of floor area or 60% of bedrooms .(req.) Boulder 20% (requirement) Carbondale 15% (requirement) Eagle County 20% (guideline) Garfield County 10% (requirement) Glenwood Springs 15% (requirement) Longmont 10% (requirement) , San Miguel County 15% (requirement) Steamboat Springs 15% (requirement as of March, 2006) Most communities allow for the mitigation to occur on-site, off-site or pay-in-lieu. The requirements generally increase slightly if off-site or pay-in-lieu is utilized. 11 of 23 DRAFT B. Commercial and Residential Linkage The following communities have commercial and/or residential linkage requirements: Aspen/Pitkin County 30 to 60% of commercial generation 100% of residential for homes >5750 sq ft Basalt 20% of commercial generation Eagle County 20% of commercial generation .(guideline) San Miguel County 15% of commercial generation Snowmass Village 45% of commercial generation 45% of residential generation Telluride 40% of commercial generation - 40% of residential generation 12 of 23 DRAFT VIII. Proposed Next Steps Authorize the expenditure of $9,500 for a rational nexus study by RRC to allow the Town to codify its current commercial linkage policy of 15% for commercial developments that meet zoning and 30% for commercial developments that exceed zoning. The rational nexus will take approximately 4 to 6 weeks to complete. - Consider a residential linkage requirement. The estimated cost of this rational nexus is expected to be $8,500 and take 8 to 10 weeks to complete. With the growth in high end residential units this tool is being used more frequently in other resort communities. - Meet with a group of local contractors and developers to discuss changes in the housing policy as well as discuss incentives needed to caus_ e additional employee housing units to be built by the private sector. - Begin a dialogue regarding an inclusionary zoning requirement. Some key issues are what types of projects does this requirement apply to and where and how the obligation is required to be fulfilled. - Revise the buy down program. In addition to the Town seeking out units to purchase, deed restrict and resell at a reduced price, allow individuals to bring units for acceptance into this program, this maybe at the time of purchase or at ..any time during ownership. The thought would be that the down payment assistance would be a grant rather than a loan. This would be a greater .incentive to deed restrict a unit. Maximize the number of deed restricted employee housing units at Timber Ridge. This is the Town's single largest land opportunity. Incorporate the housing strategies into the community plan discussion so that the entire community has the opportunity to participate in crafting the employee housing solutions. 13 of 23 DRAFT Attachments U 14 of 23 DRAFT GARFIELD COUNTY AREA HOUSING PROGRAMS: Garfield County PROGRAM TERMINOLOGY Affordable Housing PROGRAM TYPE: Linka a ~ob en. Commercial Residential Percent of new residential dev. (inclusionary) Linked to rezones: 10% of original density for lands zoned High Density Residential (HDR); 10% of density permitted in original zone and 20% of additional density acquired from non- HDR rezone. Income group focus (%AMI) owner: must average 80% AMI affordability (mix of 60-80% and 81-120%); renter: no specifications found Zonis District Other OPTIONS: Build on-site x Build off-site x built in s ecified Stud Area I Land dedication Fee-in-lieu Deed restrict existing units .Other /Notes MANDATORY? Yes .INCENTIVES: Bonus densit Fees waived Other DEED RESTR: Permanent Notes Has "Affordable Housin Guidelines" *Years following the Town/County name indicate the most recent date of amendment, unless otherwise indicated. 15 of 23 DRAFT GARFIELD COUNTY AREA PROGRAMS (CONTINUED) Glenwood Springs Carbondale (2003) New Castle 2002) (2003) PROGRAM TERMINOLOGY Community Housing; Community Housing; No program; permits Affordable Housing; Affordable Housing; Employee ADUs with the stated Employee Dwelling Unit Dwelling Unit purpose to "provide increased affordable housing 0 ortunities" PROGRAM TYPE: Linka a 'ob en. Commercial Residential Percent of new residential 15% of residential lots; 15% of lots or units dev. (inclusionary) 15% of MF units; maybe reduced down to 10% if certain criteria are met - Income group focus Average 80%AMI; serve 65% to 150% None %AMI 60°f° to 120% owernshi ownership Zonin District Other Community housing required if applying~for a special use permit for a buildin over 40' in hei ht OPTIONS: Build on-site x x x (built in association with primary SF dwellin Build off-site x within Cit x within Town UGB Land dedication Fee-in-lieu x (required for fractions of x (required for fractions of units units; o tional otherwise Deed restrict existin units x within Cit x within Town UGB Other MANDATORY? Yes Yes -for all residential No develo ment INCENTIVES: Bonus densit x Fees waived x (full or partial) x (exemptions specified for developments providing cmty units Other Potential setback reduction DEED RESTR: ~ None Notes Exemptions: community Exemptions: community hsg hsg and EDUs; SF and 2- antl EDUs; SF thru 4-family family dwelling on a single dwelling.on a single pre- pre-existing lot; vested existing lot; vested approvals. - approvals. HOA due limitations for cmty HOA due limitations for hsg. ------ cmty hsg. Has "Community Has "Community Housing - - Housin Guidelines" Guidelines" *No housing regulations found for Rifle, Parachute, and Silt. 16 of 23 DRAFT EAGLE COUNTY AREA HOUSING PROGRAMS Basalt Eagle County (2003) (2005 proposed/pending) PROGRAM TERMINOLOGY - Affordable Housing; Local Resident Housing Emplo ee Dwellin Unit PROGRAM TYPE: Linka a ~ob en. Commercial fee of $0.50 per sf of development (all) 20% on-site; 25% off-site . + maximum of 20% of FTE to be housed (developments over 1,000 sf only) (Sq. Ft. requirements TBD by Town and develo er 17 of 23 DRAFT Residential Percent of new residential dev. (inclusionary) 20% of units and 15% of bedrooms if >= 5 units (Sq. Ft. requirements TBD by Town and develo er 20% (4 units or more) on-site; 25% off- site Income group focus (%AMI) Lower and median incomes Inclusionary = 80-100%AMI; Linka e = 60-80%AMI Zonin District Other Redevelopment provision (replacement of units in Town affordable to households earnin <_ $50,000 in 1999 OPTIONS: Build on-site X X Build off-site X X Land dedication X . Fee-in-lieu x includin for fraction of unit re uired x 30% miti ation rate Deed restrict existin units X Other All housing provided to be within Urban Growth Boundaries Transfer of Local Resident Housing Unit credits through multi-developer a reement INANDATORY? Yes Not et adopted/im lemented INCENTIVES: Bonus densit Fees waived Yes -,for aff. Hs units Other DEED RESTR: Permanent (? Affordable Housing Guidelines not found Permanent Notes Has "Affordable Housing Guidelines" Has "Local Resident Housing Guidelines" 18 of 23 DRAFT- PITKIN COUNTY AREA: Snowmass Village AspenlPitkin County (2005) (2004) PROGRAM Restricted Housing Employee Housing; TERMINOLOGY Affordable Housin PROGRAM TYPE: Linka a 'ob en. Commercial 45% Varies based on development type: generally 448 SF er emplo ee 30% to 60% of em to ees Residential 45% Structures >5,750 sq. ft. only, 100% of 448 SF er em to ee em to ees 19 of 23 DRAFT Percent of new Varies based on development: 30% of units or residential dev. floor-area to 60% of bedrooms inclusions Income group focus Low, moderate, middle income 8 total categories: Low, lower moderate, upper (% AMI) moderate, middle income, plus 4 upper middle+ income categories (City requirements largely restricted to Category 4 or lower or alternatively re uire the units to "avers a Cate or 4." Zoning District 70% of bedrooms in the Affordable Housing Zone District required; 60% possible upon City Council a royal Other Housing replacement program; deed restr. ADU Cit OPTIONS: Build on-site . Location needs to be X Build off-site approved by Town Council ~ X Land dedication x X Fee-in-lieu x minor Bevel. onl X re .for fractions of units Deed restrict existing X units Other Developer builds and deeds to Town; other methods agreed u on b T.C. MANDATORY? Yes Yes, plus voluntar com onents INCENTIVES: Bonus densit Fees waived Other ~ Cottage infill program; Growth Mgt program exem tion Cit .DEED RESTR: Permanent Permanent Notes Has "As en/Pitkin Count Housin Guildelines" 20 of 23 DRAFT OTHER COLORADO PROGRAMS San Miguel Telluride Boulder Longmont County (1994, 95, 96, (1999, 2001) (2000, O1) (updated 98, 2001) 00/O1 PROGRAM: Linkage (job en. Commercial 15% (office, restr, 40% retail >2,250 gsf); 2 emps per new ski lift. . Residential 40% Percent of new 15% >= 7 lots or • 20% (if. 10% (annexation residential dev. units development agreement; (inclusionary) >=5 units); one development of unit or other . >=5 units) compensation if <= 4 units Income group SMC employee, 45% - 90% of <_ ~[JD low owner: <=80% focus (% AMI) not own other indiv income for income limit renter: <=60% land/hsg in area, Telluride emps; plus 10% ??income restr?? based on Average Annual Wage for San Miguel County (ES202 Zonin District Other OPTIONS: Build on-site x only, unless X x (at least''/z of X allowed by Cty units for over 1 Commissioners unit required, unless variance Build off-site X x X Land dedication X x Fee-in-lieu x restricted) x X Deed restrict X x existing units Other Combine with other dev. Plan; provide in advance of re uirement MANDATORY? Only in Telluride Yes Yes, voluntary Yes R-1 school district in MXR-D district INCENTIVES: Bonus density In MXR-D district Fees waived Other Exempt from Residential Grwth Mgt 21 of 23 DRAFT S stem DEED 5o yrs with Consult with Permanent >= 20 yrs (rental) RESTR' possible extension THA; >=10 yrs (owner) of 50 rs ermanent? Notes 2% of sales price Fee-in-lieu to Fee into fund to to THA upon Aff. Hsg Fund promote aff hsg. sale 22 of 23 DRAFT 23 of 23 MEMORANDUM TO: Town Council FROM: Stan Zemler, Town Manager Pam Brandmeyer, Assistant Town Manager Judy Camp, Finance Director DATE: April 18, 2006 SUBJECT: Update on Process to Gather Community Concepts for Disbursement of Conference Center Tax Collections BACKGROUND In November 2005, Vail's electorate defeated an increase in the lodging tax to supplement taxes approved in 2002 to build and operate a conference center. The ballot question also contained a provision to rescind the 2002 taxes if the issue failed. As a result, on December 20, 2045, the Vail Town Council approved second reading of Ordinance No. 27, Series of 2005, which rescinded the 2002 taxes, ahalf-cent sales tax and 1.5 percent lodging tax, effective January 1, 2006. To bring closure to the matter, the Council was presented with the option to either determine a refund methodology for disbursement of the remaining conference center funds or prepare a ballot question to determine how such revenues shall be used. On February 7, 2006, after reviewing Conference Center Fund disbursement options, Council provided staff with the following direction: o Refund mechanism will not be pursued as a viable option due to the complications involved and loss of an overall community benefit. o Reallocation must be used to reflect the original intent of the conference center taxes to "increase occupancy and increase overall economic activity." o A community outreach process is required to build community consensus regarding a preferred reallocation concept to be considered by Vail's electorate in November 2006; ballot language must be finalized by mid-August. CONFERENCE CENTER FUND As of December 31, 2005, the Conference Center Fund had an estimated balance of $8.2 million available for. disbursement. During the three years the conference center taxes were in effect, an estimated $5.5 million was generated by the sales tax and $5.1' million collected from the lodging tax. Approximately $2.2 million was spent on research, planning, design, engineering and financing of the proposed conference center and $239,000 on management fees net of earnings on investments. Overall, the lodging tax represented 48% of the total conference center taxes collected. Another 16% of the total was generated from the half-cent sales tax levied on overnight accommodations and approximately 3% from restaurants in the town's four largest hotels. Thus, approximately 67% of the total tax was generated from guests at hotels and. lodges. COMMUNITY IDEA-GATHERING PHASE Using Council's direction as a framework, a series of community meetings took place during March and April to solicit ideas from the community to identify a new use for the revenue that would increase occupancy and increase overall economic activity. The meetings involved representatives from community sectors facilitated by town staff and attended by several Council members: Lodging Group March 8 16 participants Community Partners March 14 15 participants General Public Workshop March 15 6 participants Neighborhood Group March 22 7 participants Retail/Restaurant Group April 4 6 participants In addition, town staff solicited ideas from the Vail Local Marketing District, Vail Chamber & Business Association, Vail Valley Chamber & Tourism Bureau, Commission on Special Events, Planning and Environmental Commission, Design Review Board, Construction Mitigation Group and the Vail Recreation District Board. Lastly, the. town solicited ideas and concepts from individuals who were unable to attend the community sector meetings. The town's web site collected 22 responses while feedback from a half dozen others were forwarded via email or telephone. Summary of Ideas & Themes Attachment A is a summary documenting all concepts submitted during the idea- gathering phase. The ideas have been divided into two overall groupings. Section 1 outlines ideas generated during the community sector meetings in which facilitators sought consensus .from the participants, while Section 2 documents ideas generated by individuals who offered their ideas independently without the benefit of a group discussion. In each section, the concepts have been sorted to reflect "capital" ideas, or those requiring construction, as well as "non-capital" ideas. Additionally, staff has provided a preliminary ranking of high, medium and low'for concepts generated by the consensus-driven community sector groups. A high ranking, for example, means the idea would bring destination visitors for multiple-day stays with spending across all economic sectors while having the potential for a favorable cost-benefit ratio. Please see Attachment A for description of the remaining rankings. While this prioritization is cursory, at best, the exercise was used to identify the following themes, all of which have been identified in the "high" category: o A near-round indoor event venue was named by four of the five community sector groups as a top priority. o Specifically, re-purposing Dobson Arena to house ayear-round indoor event venue was mentioned by four of the five community sector groups. o Building upon the theme to use or renovate resources already in place, two of the five sector groups identified the Golf Course Clubhouse as a facility that should be re-purposed to meet additional community needs. • Four of the five community sector groups expressed support for additional emphasis on group sales and marketing and/or special events funding as a top priority, with the remaining sector identifying the activity as an important consideration. 2 RECOMMENDED NEXT STEPS As a next step, staff recommends further analysis of one or more of the themes identified from the community meetings. Some of the analysis could be performed by staff; however, outside resources will be necessary depending upon which options are of interest. Staff could return to Council on May 2 with a recommended process, timeline and estimated cost for the analysis of options chosen by Council. Possible research scenarios include: • Re-purposing Dobson Arena to house a year-round indoor event venue. Research would include potential programming and spatial requirements, estimated cost of building modification, parking requirements, operational impacts, private partnership opportunities, etc. • Construction of a stand-alone year-round indoor event venue. Two possible locations were mentioned during discussions: charter bus lot and Vail Golf Course Clubhouse area. Research would include potential programming and spatial requirements, estimated cost to build, parking requirements, operational impacts, private partnership opportunities and other sources of funding, etc. • Increase the amount of funding available for group marketing. Research would draw on analyses already done by VLMDAC, WCTB, HVS International and others to develop a spending proposal and estimate the potential impact on occupancy and spending in town. It should be possible to pursue both group marketing and special events with the funds available. The analysis would be done separately to provide the option to do one or both. • Increase the amount of funding available for special events. Research would draw on analyses already done by CSE, event producers and others to develop a spending proposal and estimate the potential impact on occupancy and spending in town. It should be possible to pursue both group marketing and special events with the funds available. The analysis would be done separately to provide the option to do one or both. A second possible option is as follows: • Do nothing for now and allow time for the Vail Community Plan and the Vail Recreation Master Plan to take shape. Then use the plans to identify the community need and take to voters at that time, even if it means aone-or two- yeardelay. While not a theme voiced consistently during the meetings, staff is intrigued by this approach which surfaced during the Neighborhood Group meeting. ACTION REQUESTED OF COUNCIL Staff is seeking direction from Council on next steps. Those options include: • Identify concepts that are likely to meet the criteria of increased occupancy and -increased overall economic activity for additional analysis. To be considered by Vail's electorate in November 2006, ballot must be finalized by mid-August. --and/or-- • Adjust timetable for election; November 2007 at earliest. Renew the process upon the conclusion of the Vail Community Plan and the Vail Recreation Master Plan for integrated community consensus building. ATTACHMENTS • Summary Document of Reallocation Ideas • Notes from Community Sector Discussions ATTACHMENT A CONFERENCE CENTER FUND REALLOCATION IDEAS March/April 2006 List is prioritized by ability to meet criteria established by Town Council: "To increase occupancy and increase overall economic activity" High Ranking = Brings destination visitors for multiple-day stays with spending across all economic sectors; has potential for favorable cost/benefit Medium Ranking = Brings destination visitors for short` stay with spending across all or some economic sectors; has potential for somewhat favorable cost/benefit Low = Brings a few destination visitors or day visitors only with spending across all or some economic sectors; has potential for less favorable cost/benefit SECTION 1 IDEAS GENERATED DURING GROUP CONSENSUS PROCESS CAPITAL '`Denotes Top Tier Idea from Community Sector High • Remodel/expansion of Dobson Ice Arena as multi-use facility. (Lodging Group)* • Re-purpose Dobson Ice Arena as a multi-use center using partnershiplnaming rights. (Public workshop)* • Re-purpose Dobson Arena to accommodate a wide variety of events such as indoor sports and concerts that attract out-of-town guests. (Community partners)* • Build an event center by re-purposing Dobson or making Amphitheater year-round. (Neighborhood group) • For the $8.2 million collected, partner with a private entity to develop a facility that would be large enough to house either large groups or events. This facility could be located at an existing site like Dobson or the LionsHead parking structure. The $8.2 million would only be seed money for an effort of this kind, and perhaps it could be offered interest free. (VLMDAC)* • Create an indoor event venue (new facility or revitalize an existing building) that would allow space for existing events to flourish, such as the Vail Film Festival, Vail Symposium, International Dance Festival, etc., as well as opportunities for new events and activities to be enjoyed by both the community and guests. (Retail/Restaurant)* • Use/renovate resources already in place. (Public workshop) • Rebuild or re-purpose the Golf Course Clubhouse. (Neighborhood group) • Re-purpose Golf Course Clubhouse to serve youth and elderly. For example, redevelop area to include new clubhouse, restaurant, Nordic center, outdoor ice and possible pool. (Community partners)* (Capital Ideas Generated During Group Consensus Process, Continued) Medium Low • Improve recreation and family entertainment, e.g., water park, pool, activity zone, etc. (Lodging Group) • Build a recreation center modeled after Silverthorne and Breckenridge to provide more activities for youth. (Public workshop)* • Build amulti-purpose smaller event center on charter bus lot. (Neighborhood group) • Partner with Vail Resorts' $4.3 million pledge and build a parking structure. Possible locations: RV lot, West LionsHead, Ford Park. (Public workshop)'' • Add another level of parking on LionsHead parking structure. (Neighborhood group) • Create additional parking at Ford Park. (Community partners)* • Seed $$ to.Vail Resorts, re: North Day lot for private development of conference center. (Lodging Group) • Create apublic/private collaboration to build a conference center; include Vail Resorts. (Neighborhood group)* • Cover Ford Amphitheater and Alpine Gardens for year-round use. (Public workshop) • Cover Ford Amphitheater for year-round use. (Community partners)* • Relocate Ski &Snowboard Club facility to Ford Park and add multiple uses to building; redevelop existing Ski &Snowboard property via private development and use proceeds to cover construction of new facility. (Community partners)" • Sell sewer plant site to private developer and use .proceeds to relocate facility. (Community partners)* • Create an International Youth Hostel as motivation for young people to come to the area. (Public Workshop)* • Address transportation issues, including parking, transit and I-70 to increase convenient access to Vail to add to critical mass. (Retail/Restaurant)'` • Address I-70 issues. (Public workshop) • Address I-70 issues, such as noise, mag chloride, research, pollution, etc. (public workshop) • IMAX Theater (Public workshop) • Use $1 million to protect Gore Creek and gold medal fishing via Black Gore Creek sand mitigation (Community partners)* • Pine beetle mitigation (Public workshop) • Maintain trail system through forest/pine beetle mitigation. (Public workshop) • West Vail fire station. (Public workshop) 2 NON-CAPITAL *Denotes Top Tier Idea from Community Sector High Low • Use interest income for group sales through existing entities. Target April through November to bring new business to Vail, such as weddings and ski groups. Example: 15-year spend-down at $500,000 to $600,000 per year including interest. (Lodging Group)* • Place the $8.2 million in an interest bearing instrument/accountand use the interest annually to drive more group business to Vail through . direct sales efforts and marketing specifically focused on social groups such as weddings and family reunions as well as youth oriented groups, i.e. soccer, to arrive in the non-ski months. Estimate $300,000 funding annually. (VLMDAC)* • Group sales to stimulate "off season." (Public workshop) • Create an endowment for marketing. (Neighborhood group)* • Increase funding for special events. (Neighborhood group) • Increase special events, iconic events. (Lodging Group) • Encourage additional special events through increased funding. (Retail/Restaurant)'` • Consider a countywide marketing fund. (Neighborhood group) • Flight subsidy/part of marketing plan. (Lodging Group) • Television advertising. (Lodging Group) • Post-skiing activities after close of season, such as backcountry access, continued skiing, "use" of remaining snow. (Public workshop) • Develop a retail theme/create new Vail "theme" through marketing; concentrate on themed storefronts, vaporware. (Public workshop) • Deed-restricted commercial space. (Public workshop) • Seed $ for off-season opportunities to bring kids from inner cities. (Public workshop) • Be more progressive environmentally, e.g.; wind/sun power, "green" certification, etc. (Public workshop) OTHER IDEAS/SUGGESTIONS • Do nothing for 1-2 years, while allowing time for the Vail community plan to take shape and to develop-consensus within the community on how the $ should be spent. Waiting on the Vail strategic plan could make the outcome that much more obvious. (Neighborhood group)* • No more marketing! (Neighborhood group)* • Use the money for something tangible, a capital asset. (Neighborhood . group)* • It will be dicey to reintroduce a conference center ballot, or even something perceived as similar, such as an events center. (Neighborhood group)* • Suspend stated objectives and consider projects that would "increase Vail's desirability as a place to live and visit." (Public workshop) 3 • Save as seed $ for future/unknown uses, e.g., on mountain use in partnership with USFS and Vail Resorts, enhancing the trail system, etc. (Public workshop) • If an events facility is built, keep food and beverage operations out of the equation. (Retail/Restaurant) • Important to create a venue that seasonal employees can enjoy. (Retail/Restaurant) • Semantics are important, e.g. "congress hall" versus "conference center." (Retail/Restaurant) • Be precise. Build a race horse, not a camel; don't water down an idea. (Retail/Restaurant) • Increase beautification of I-70; build another pedestrian overpass and beautify the existing one. Improve pedestrian access all over town. (Retail/Restaurant) • If something is built, it doesn't need to be a monument or icon; keep it simple. (Retail/Restaurant} • Need to treat'shopping, dining and night life as a "sport." (Retail/Restaurant) • Market weddings in Vail. (Retail/Restaurant) • Address Vail's public relations problem by down valley residents who take great pride in saying, "I don't come to Vail any more." (Retail/Restaurant) SECTION 2 IDEAS GENERATED BY INDIVIDUALS VIA WEB, E-MAIL, PHONE CAPITAL • Build an aquatic center intended for use by tourists as well as locals such as in Seefeld, Austria. • Build a recreation center with full lap pool and water features for children. • Rebuild LionsHead Visitor Information Center and incorporate into a new facility such as a recreation center to improve first impression of resort. • Build a municipal indoor pool and spa (sauna, lockers, steam bath) for the use of residents and tourists. • Establish some moderate "winter wanderwegs" on the mountain. - These would be moderate paths through the woods that are maintained for non-skiers to enjoy the mountain experience without skiing. • Install an escalator from the top level of the transportation center (near where the East Vail bus stops) down the hillside to Vail Valley Road (near the bottom of the existing stairs). • Build the swimming pool/rec center we so desperately need. • Build an activity center over the library as a place for non-skiing members to spend time. Could include a coffee shop, comfortable sofas, Internet access, info center, message center, etc. • Renovate the Vail Golf Course and the clubhouse. • Build underground parking at Ford Park to support the needs of summer recreation, access to the alpine gardens and the amphitheater as well as skier overload. 4 (Capital Ideas Generated by Individuals, Continued) • Build parking garage at Ford Park. • A building where conferences could be held. • Build an independent meeting place away from the hotels, a practical and useful meeting place where group sales can direct those conferences that do not fall under the parameters of all staying at one or two hotels. • Escalator at the Transportation Center is a good idea. Also, improve the safety of Meadow Drive and the sidewalk (icy conditions, dangerous interface with ped/bus traffic). • Build a Vail lifestyle-wellness-workout-aquatic-recreation center that would appeal to tourists who want a spa environment, but would be affordable for use by locals as a primary fitness center for adults and children. • To increase economic activity, make sure the redevelopment of Crossroads lends itself toward town activity. Examples include tennis courts to attract summer guests or some combined tennis/spa/hiking retreat. A more structured hiking program that takes visitors on great hikes within an hour of Vail would be a real tourist attraction. • Enter a partnership with private developer or government entity to remodel existing space or build new space which will provide meeting space and/or indoor concert space. Example: a) Build 12,000 sq. ft. on top of library available for small meetings, charity events and medium size concerts; b) remodel Dobson to allow permanent sheet of ice plus permanent second floor for meetings and concerts; c) build a simple (i.e. warehouse construction) facility at total cost of $300 sq. ft. plus fees of $1.7 million for 20,000 sq. ft. of simple meeting space and concert hall. • Use a parcel of town land plus the money to partner with a developer of water parks. • Ford Amphitheater is in need of $1 million in capital improvements to retain it as a world class venue for the next 5 to 7 years. In addition, $2 million is needed to recover a philanthropic loan default. Perhaps voters could be asked to reallocate $1.5 million as a challenge grant with the private sector making up the rest. • Use the $7.7 million for alternative engine buses. • West Vail fire station (2 responses). NON-CAPITAL Spend the interest each year for marketing projects, leaving the capital only to be used in a future conference center project. Invest, use interest for group marketing. Reserve the right of the Council to recommend using the principal for a capital project and have that recommendation put to the voters. Use some of the money to fund the Eagle .County Drug Task Force. OTHER IDEAS/SUGGESTIONS • The money should be returned to those who paid the tax by means of a reduced lodging tax (2 responses). • Return all funds to their rightful owners: the local businesses that paid those lodging/convention center taxes. And then police the businesses to return that money back to the guests who paid those taxes. Split the balance in 3 ways: 1) finance golf course improvement; 2) start-up funding for NEW special events; and 3) offer subsidized package rates for golfers (at least one round in Vail) and future, new, Special Event ticket holders with an emphasis on the shoulder seasons. 6 ATTACHMENT 6 CONFERENCE CENTER REALLOCATION MEETINGS LODGING DISCUSSION March 8, 2006 GROUP CONCENSUS TOP TIER AGREEMENTS • Group Sales Use interest income through WCTB and/or VLMD. Target April through November to bring new business to Vail, such as weddings and ski groups. Emphasis is off conference center. Fifteen-year spend down at $500,000 to $600,000 per year including interest. • Remodel/expansion of Dobson Ice Arena as Multi-Use Facility Quick study; explore repurposing; add in third floor of the library. SECOND TIER AGREEMENTS • Increasing Special Events/Iconic Events • Flight Subsidy/part of Marketing Plan • improve Recreation and Family Entertainment, e.g. water park, pool, what families can do together, activity zone, etc. • Television advertising • Seed $$ to Vail Resorts re: North Day lot for private development of conference center GROUP WORK Group 1: John Dawsey, Rob Levine, Keith Odza, Chris Romer, Korby Fleischer Idea No. 1: Build an "attraction" facility and/or renovate Dobson Arena. Could be a Vilar type, or Rec Center or seed money for private conference center. Evaluation Criteria: Would increase "world class" facilities Would bring in "world class" events Would support increased local traffic Strengths: Permanent facility Original intent of tax followed Increased variety of events Marketing tool/generate traffic Weaknesses: Voters already turned down Cost Selling Points: Benefit to locals and guests Bring downvalley and out-of county visitors Obstacles: Cost Idea No. 2: General Marketing to include: • Group sales • Air service/flight subsidy • Increase special events Leisure travel component Evaluation Criteria: Heads in beds during off peak times Strengths: Weaknesses: Supports original concept Is it enough? If approved, structure in place via LMD, WCTB What is duration? Competitive advantage in $$ spent How to manage? Off-season sales tax collections Exhaustible/once it's gone, it's gone Selling Points: Obstacles: Support big picture items without increasing Who does this benefit (air flights, sales or property taxes group sales)? Supports retail community 2"d homeowner support? Group 2: Packy Walker, Geoff Wright, Frank Johnson, George Knox, Pam Stenmark Idea No. 1: Use interest from $7.7 million to direct WCTB to increase new group business Evaluation Criteria: Brings bodies, overnight ~, Strengths: Brings revenue to all sectors Fits needs periods Improve Vail's competitive advantage Weaknesses: Benefits specific hotels most directly Selling Points: Overall economic growth Idea No. 2: Recreation/Entertainment Kids Activities Family entertainment, could be activities, zone, sand boxes hands-on participation, programs, activity Evaluation Criteria: Promotes guest satisfaction and repeat business Vail becomes more desirable, adventuresome and exciting destination. Idea No. 3: Iconic/Special Events 2 Criteria are events that bring participants, spectators and are newsworthy. Possible to start with smaller special events with potential to grow into iconic events: Evaluation Criteria: Brings notoriety and business Entertains guests and promotes repeat visits Group 3: Paul Johnston, Rich tenBraak, Christine Werner, Jim Steinbach, Kelli McDonald, Brian Normann Idea No. 1: Utilize interest income or principal to drive new marketing to bring additional business into Vail via new marketing plans and sales efforts funding Evaluation Criteria: Brings more new overnight guests into Vail. For every $1 spent on lodging equates to $3 to $4 additional spent in town. Benefits all properties with new business via weddings, ski groups, corporations and associations. Strengths: New additional business Benefits cross section of businesses Addresses original objectives Weaknesses: Perceived lodging-only initiative Not tangible like a capital project How would ROI be measured? Selling Points: Obstacles: Addresses original objectives of heads in beds Credibility of VLMDAC to implement and economic vitality VLMD in place to implement MISCALLANEOUS ADDITONAL COMMENTS Dobson as multi-use facility -additional strength is facility already exists Group Sales -although specific hotels may benefit most directly, others could benefit from overflow; money from Conference Center would be spent in addition to existing marketing dollars from VLMD; risk may be if we are successful with additional spending over 10 to 15 years, what to do when funding runs out Cost Reduction, i.e., reduce tax to lodging visitors in the future, was mentioned but the group agreed this does not fit the criteria and should not be pursued Parking -was also brought up, but group did not feel it fulfills the original objective of the tax Process -the group suggested a summary meeting to bring together representatives from each of the meetings to discuss ideas from each 3 ~~ CONFERENCE CENTER REALLOCATION MEETINGS "NEIGHBORHOOD PARTNERS" March 14, 2006 1. Dobson • Second level • Mutti-purpose flooring. • Conferences • Sport events • More seating 2. Golf Course • Restaurant :• Nordic • Clubhouse in right site d• Ski/Snowboard Vail /bring in more events /secondary use for youth services /physical facility / "sense of community" 3. 4th feature of kayak course /premiere destination 4. Parking at Ford Park • $4.5m from Vail Resorts Other uses: year round facility • Botanical Gardens • Amphitheatre • Turf surfaces • Concerts • Masterplan /twenty years out 5. Golf Course Clubhouse :• Wedding Venue :• Nordic center :• Community meeting space 6: Dobson multi-use facility :• concerts :• sports venue 7. Move waste water plant :• Airspace developed c . , a 1. Gold Peak Race Arena / $2m from Conference Center funds $2m commitment - $4m VR's operating expense + shortfall in cash Individual $1m Status of safety netting - $300k 2. Protect Gore Creek & Gold medal fishing Black Gore Creek sand mitigation - $1 m from conference center funds 3. Dobson repurposing 4. Facility to serve youth and elderly 5. Parking at Ford Park Parking at Ford Park Amphitheatre -Expand in shoulder seasons 6. Sewer plant Underground & airspace Good consulting service -planning Fund something that doesn't have another source, i.e., RETT taxes Simplify ballot Parking at Fod Park Serves multi functions (locals & guests) Artificial turf allows multi functions Start process -multi-functions Start process -use VR's $4.3 m Parking won't affect aesthetics Immediate impact Real Community Center Share "bricks & mortar" CONFERENCE CENTER DISPOSITION OF FUNDS "GENERAL PUBLIC MEETING" TOWN COUNCIL CHAMBERS Wednesday, March 15, 2006 TOP TIER: 1) Dobson/multi-use center (7) Re-purposing using partnerships/naming rights? 2) Parking structure (6) Partner w/VRI's $4.3M Locations: RV lot, W. LionsHead, Ford Park 3) Rec Center (4) Model after Silverthorne, Breckenridge -provide more activities for youth 4) International Youth Hostel (2) Motivation for young people to come to the area SECOND TIER IDEAS: 1) IMAX 2) Pine Beetle Mitigation 3) Group Sales to stimulate "off season" 4) Post-skiing activities after close of season • Back country access • Continued skiing, "use" of remaining snow 5) Use/renovate resources already in place 6) Develop a retail theme/create new Vail "theme" through marketing • Concentrate on themed store fronts • Vaporware 7) Deed-restricted commercial space 9) Seed $ for off-season opportunities to bring kids from cities 10) I-70 issues • Noise • Mag chloride + Research • Pollution 11) Maintain trail system through forest/pine beetle mitigation 12) Be more progressive environmentally, e.g., wind/sun power, "green" certification, etc. 13) Expand amphitheatre season IF THE COUNCIL'S STATED OBJECTIVES WERE SUSPENDED, WHAT WOULD THIS GROUP PRIORITIZE? This group would "increase Vail's desirability as a place to live and visit." 1) Rec center (6) 2) I-70 issues (4) 3) West Vail Fire Station (4) 4) Pine Beetle mitigation (3) OR 5) Save as seed $ for future/unknown uses, e.g., on mountain use in partnership w/USES and VRI, enhancing the trail system, etc. From: Pam Brandmeyer To: Corey Swisher Date: 3/27/2006 1:24:11 PM Subject: NOTES FROM CONFERENCE CENTER MEETING #4, NEIGHBORHOOD MEETING Participants: Stephen Connelly, Bob Armour, Meredith Gersch, Sherry Dorward, Jason Katzman, Dick Cleveland, Mark Cervantes Staff: Judy Camp, Pam brandmeyer Wednesday, March 22, 2006, Vail Town Council Chambers Items Introduced: 1) Event Center - Requires collaboration and private enterprise to make it viable - Would support music, community theater, a wide variety of entertainment - Could the Amphitheatre be expanded? Made year 'round? - Capacity needed: 5,000-7,500 - Tricky proposition because the community just voted 1 down (e.g., conference center) - Keep in mind, oriiginally the community "voted" to purchase an asset - "Re-purposing" Dobson -Connect to #5 and #7, following 2) Commission on Special Events (CSE) - Increase $630K annual allocation considerably by $1-2M annually - Could be used as an endowment fund in lieu of General Fund expenditure - Lump w/#3, following 3) Create an Endowment - Coordinated through the Vail Local Marketing District Advisory Council (VLMDAC), create cash incentives to rebate for off-season system to allocate funds - Accountability: will "tell" how viable off season is - Be "cautious" about summer - Use 60% of the overall $8MNLMDAC marketing and the summer season is expanding/filling in - Measure what we gain, based on a miniumum # of people, days, etc. - Additionally, rebate a portion of sales tax - Could serve as a "tool" to a lot of groups who might not otherwise consider us - Disincentive: lodges could become less proactive in their own marketing, renting efforts 4) Golf Course Clubhouse - "Re-purpose" and or re-build to provide year 'round use/explore what additional aspects/programming could benefit visitors/residents, alike 5) and 7) LUMPED TOGETHER to: Public/Private Collaboration on Conference Center Public/Private w%VRI on Conference Center - Supports original purpose of Conference Center Tax - A challenge: requires TABOR election (as does any new/different use) - No risk - TOV directly contributes the $8M as an incentive to private developer for an event center (see #1) - WNRI, new "players" at the table to collaborate (dissipates "bad feeling"from VRI's original pledge of the maintenance site for the conference center location) -. $8M is a sizeable seed funding contribution 6) Charter Bus Lot - Add another level of parking on LionsHead Transportation Center (LHTRC) - Build amulti-purpose, smaller event center, e.g., Vilar +/- 500 -the exact # is still undetermined - Challenge: but would this just serve "locals?" - Must have a venue of some kind (see #1) - Challenge: can we afford? Must look at ancillary costs to support any new building, e.g:, parking, ingress/egress, roadways, etc. 7) Do "Nothing" for 1-2 years, while allowing time for the Vail VisionNail Plan to take shape and to develop consensus within the comunity on how the $ should be spent. Waiting on the Vail strategic plan could make the outcome that much more obvious. 8) County-Wide Marketing Fund - The time may be right to reapproach this concept to start pooling resources/guest does not recognize geographic boundaries - Use some $ for seed funding - Use $ as a challenge to get others to participate OTHER TAKE-AWAYS ON WHICH THE GROUP SEEMED TO COME TO CONSENSUS: NO MORE MARKETING! " GET SOMETHING TANGIBLE W/THE #: A CAPITAL ASSET - Some ideas would simply "trickle away" the $, w/possibly nothing to have been gained at the end of the day * DICEY TO REINTRODUCE A CONFERENCE CENTER BALLOT ? (or even something perceived as "similar," e.g., an events center) PRIORITY CHOICES: #1 LUMPING 5) and 7) TOGETHER: PUBLIC/PRIVATE COLLABORATION ON CONFERENCE CENTER PUBLIC/PRIVATE COLLABORATION WNRI ON CONFERENCE CENTER #2 3) SET UP ENDOWMENT #3 7) DO NOTHING FOR 1-2 YEARS -WAIT FOR OUTCOME ON VAIL VISION/COMMUNITY STRATEGIC PLAN CC: Judy Camp; Pam Brandmeyer; Stan Zemler; Suzanne Silverthorn CONFERENCE CENTER REALLOCATION MEETINGS RETAIL/RESTAURANT DISCUSSION April 3, 2006 Participants: Bob Boselli, Bill Hanlon, Steve Kaufman, Rayla Kundolf, Nancy Sweeney, Dan Telleen GROUP CONCENSUS TOP TIER AGREEMENTS #1 Indoor Event Venue Create an indoor event venue (new facility or revitalize an existing building) that would allow space for existing events to flourish, such as the Vail Film Festival, Vail Symposium, International Dance Festival, etc., as well as opportunities for new events and activities to be enjoyed by both the community and guests. #2 Special Events Encourage additional special events through increased funding. #3 Transportation Address transportation issues, including parking, transit and I-70 to increase convenient access to Vail to add to the critical mass. DISCUSSION Indoor Event Venue • What we're missing is a common area where guest speakers/performances could be held year-round. The Symposium needs a home. So does the dance company. High School graduation. Vilar Center doesn't work for local events; too costly: Is there an existing space that could be revitalized? • Charter Bus lot is the most important piece of land in the TOV and careful planning is in order. It ties LH and W together. It's on the bus route. It has access to utilities. It could tie-in to uses at Dobson Arena. It has access to parking. It's publicly owned. Topography of site lends itself to an amphitheater format. • Caution: one reason conference center didn't pass was the food and beverage component and perceived competition with the restaurants. • Would be nice to create a venue that could provide entertainment for the seasonal workers, much like Hot Summer Nights and Street Beat. • We need to be specific about what we're doing. Build a race horse, not a camel. Don't water down an idea. Take a look at facilities in Salida where the Colorado jewelers meet. They use the steamplant theater and the retirement center where rent is only $40 for the weekend. Need not be a profit center, but a community center for community use. Vilar Center is too expensive to program locally. • Need better venues for Vail Film Festival, which attracted a great target market and helped extend the season by a week in shops and restaurants. Seating at Manor Vail-wasn't conducive to viewing a film. And, the showing at Vail Mountain School didn't attract as many people given the distance away from the core. Had to pay $15 to park at Vail Cascade. • Don't hire a team of architects to build an icon or monument. Keep it simple. We need a facility that is slightly more accommodating than Donovan Pavilion and less than the size of a conference center. • Aspen and Telluride have venues/facilities for their signature indoor events; Vail does not. • Ballet in summer is grand. It could go year-round if we had a venue for it. We need something like an indoor version of the Ford Amphitheater. • Would voters go for an events center when they turned down a conference center? It might need to get additional help.from voters for operations. • Would voters agree to reinstitute the lodging and sales tax? • Semantics are important, e.g. "congress hall" versus "conference center." • Be clear why conference center didn't pass. Don't sell criteria to the community (heads in beds, economic vitality) if that's what killed the conference center. • Event center could even include a small museum about the history of Vail to. unite the whole town. Special Events • Use money to seed Film Festival. There's room in this country for another premier film festival. Vail is often a "me-too" approach. We watch what other communities are doing and then come in and do it better. The film fest is a great activity to have during mud season when it is a good time to be indoors. The films during the summer at Crossroads were fun. • Double or triple special events funding. Get Vail Resorts to contribute to marketing and special events. Bring an image and vibrancy to Vail. • Special events are important to the business community; they make an overall impact in increased business, but you have to be selective in what you bring in. • Wedding business should be expanded; good for shops and restaurants. Transportation • Bus transportation is important. Parking is an issue. We've got to bring a critical mass to Vail. We've got to make it easier for downvalley people to get here without driving their car. That way, we can save the parking spaces we, need for Front Range visitors. • Fridays used to rock in this town. Now they're down in Edwards and Wolcott. We need to be aggressive in getting these folks back. • It's a hike for employees to get to Ford. Park and it's dangerous after dark. Needs to be more user friendly, like a shuttle service used at airports. • Good transportation is essential in creating an adequate employee base. Other Ideas/Thoughts • How do we bring people here in the seasons we need them? Is it a better parking garage so we can get more people up from Denver? Is it more marketing? • Increase beautification of I-70 and add another pedestrian bridge over I-70. Also, beautify the pedestrian overpass. Increase pedestrian access all over town. • Don't spend it all in one place. Use it to maintain and enhance experience in Vail. • Trying to make things happen in Vail is hard. There are ideas in the community like the Film Festival that just need to be nurtured. 2 We have the finest ski area in the world and our amenities are wonderful. That's why people tend to take shots at us. Vail was the first to create a pedestrian setting in Colorado. Not Boulder. Not Denver. We' need to celebrate that. We need to treat shopping, dining and nightlife as a "sport." Address Vail's public relations problem by down valley residents who take great pride in saying, "I don't come to Vail any more." i 3 Town of Vail Taws of ~lai4 Conference Center Funds Reallocation Click here to submit your conference center funds allocation suggestion. Page 1 of 5 The Vail Totvn Council is asking for the public's help in identifying a new t:se for moni~s_coilecte¢_to__l~~id_and ~per~te_,p cnrifcrenre center, Community meetings are being held througi~out the month of h•?arch to generate ideas, includir?g a pul;lic workshop sct?edu!ed for 5 to ~ p.m, Much 15 in tl~e Vaii Totvn Council Cha,nbers. Paricipants will be asked to share their suggestions and evaluate outer ideas for use of approximately X7.7 minion in existing funds. A new use for the money requires approval by +/ail voters at a November election. Comments collected online regarsiing the reallocation of conference center taxes collected. Updated April 3, 2006 Please describe your idea for the conference center funds. Have the $7.7M set up as an amount of capital that we can have as a pseudo trust. Please describe how your suggestion meets the stated goals of increased occupancy and increasing overall economic activity in Yail. 4Ve can spend the interest each year for marketing projects. Please define the strengths and weaknesses of your suggestion, This tvay we will have the guaranteed additional marketing money to spend each year, that the can riveak based an a Changing environment, and the capita! can never he touched unless to be used in a future TOV Convention Center ~raject. Please describe your idea for the conference center funds. tNest Vait Fire Station Please describe how your suggestion meets the stated goals of increased occupancy and increasing overall economic activity in VaiE. Someone has to protect what is here already and all the nett' construction just increases this need. Please define the strengths and weaknesses of your suggestion. VVas promised to the 1;Vest Vail neighborhood years ago but the weakness has.been the leadership of the Town never stepping up to the plate and taking serious action on getting us the station. Please describe implementation obstacles or challenges with respect to your suggestion, None seen. Please describe your idea for the conference center funds. build an aquatic center that is intended for use by tourists as yell as locals. There is an excellent example in Seefeld, Austria, and I'm sure there are others. Here's the tvebsite of the one in Seefeld: http://avavw.seefetd- sports.at%olympia-sport-kongress,., e.htm Piease describe how your suggestion meets the stated goals of increased occupancy and increasing overall economic activity in Vail. I'rn confident it teas E-nade a major econmic impact in Seefeld, and believe it would work just as well here. Please define the strengths and weaknesses of your suggestion. A particra!ar strength is that it would address the growing concern about won~ren wi7o are skiing less as they get older. We will have a tough time getting them interested in skiing again, so we should try to find other activities that will attract them, The greatest weakness is that tike with all new projects, it may be hard to get sufficient corrrmunity support. Please describe implementation obstacles or challenges with respect to your suggestion. Finding the right site could be a problem. I think the softball fields would be perfect, and I think it is long past time for us to better utilize that property. Selling the idea to the community could be difficult, but that could be addressed by first looking at similar facilities in tourist to:vns worldwide, and getting the sort of definitive economic impact information that was sadly [asking in the Convention Center proposal. Please describe your idea for the conference center funds. 1. t~ebuiid Lionst•lead info center, it's falling apart and doesn`t make the greatest first impression to guests entering the town of Vail. 2. Suitd a public recreation center with foil lap pool and water features for children. These could be built together in one building. Please describe how your suggestion meets the stated goals of increased occupancy and increasing overall economic activity in 50ai1. Visitors need a great first impression, hence fixing the LionsHead booth ar~d they also need more non Ski rotated activities. Lve have world class facilities on almost every level except for a public recreation center. Please define the strengths and weaknesses of your suggestion. I believe the area to the west of Dobson Ice arena is a pe;-fect place for a roc center. This part of Town already also has the public amenities of tl~e library, hospital, parking (to a degree; as tvel! as the ice arena. If multi level, the info booth could be built right on top. Please describe implementation obstacles or challenges with respect to your suggestion. Cost. Please describe your idea far the conference center funds. I vaould recommend khat fire Funds available be used to build a Municipal indoor Raol and 5pa(Sauna, lockers, Steam 6arhj for the use of residents and tourists. This avould be an amenity for toddlers, teenagers, adults and ser7iors. Please describe how your suggestion meets the stated goals of increased occupancy and increasing http://www.vailgov.com/subpageprint.asp?page__id=719 4/11/2006 Town of Vail Page 2 of 5 Duero!! economic activity in Vail. There coukd be a €ee charged for maintaining the facility wiih a nonNnaf discount for ski pass holders. Such ar? amenity is found in mast European? ski stations as well as some in America, Please define the strengths and weaknesses of your suggestion. This wpauld be ao attractive amenity far tour€sts after an active day of skiing. Rtease describe implementation obstacles or challenges wi#h respect to your suggestion. It jtrsf, takes some creative thinkingll! Please describe your idea for the conference center funds. Establish some moderate "winter vranderwegs" on the mountain. Ti?ese would be moderate paths through the woads that are maintained for non-skiers to enjoy the mountain experience without skiing, Especially warren, who seem to be dropping out of the sport in large number..=.. The ~vander4vegs would lead to a private moot?coin but or cabin witl? warderful ~.varmth and a~7?biance ~-vhere families (comprising of skiers and non-skiers) could gather together for lut;ch or dinner to share at? on-mountain experience. After lunch or dinner, tl?ey could walk back dawn to the village. Please describe tiow your suggestion meets the stated goals of increased occupancy and increasing overall economic activity in Vaii. It would provide attractive non-skiing activities for all ages and family members. N~are families and their families would consider Vail because there vaauld be something for non-skiers to do :vhife still providing a mountain experience. Please define the strengths and weaknesses of your suggestion. Strengths: "attractive non-skiing activitiy far all ages but still affords exercise *car? be done year round *allatvs eyeryane to et?joy our fabulous mountain ono one else is doing it. Unique nid?e for Vaii. Please describe implementation obstacles or challenges with respect to your suggestion. Requires coordination among the town, Vail Resorts, and the Forest Service. Requires maintenance in the winter, (In Europe they put hay nr grass an the trails so they are easy for up and down walking}. htay require cutting small .trails through the woads. You'd have to make a trip to Europe to see how they work. Please describe your idea for the conference center funds. Install an escalator from the top level of the transportation center (near where the East Vail bus stops) davdn the hillside to Vail Valley Road (near the batten? of the existing stairs}. A covered escalator ~r~auld minimize snow and rain issues. Please describe how your suggestion meets the stated goals of increased occupancy and increasing overall economic activity in Vail. )ust watch our ski crowd, particularly the aging portion and those with young children, struggle to desend ar, worse yet, climb the stairs after a full day of skiing fin ski boots, lugging skis, pales, backpacks...} and you will clearly see what a miserable start and finish the existing stairs are to their day. I'm certain there would be an overwhelming respan>e that this is tl?e best thing Vaii has done in a fang time and fang overdue. We loose guests to other resorts tl?at provide better access to tl?e mountain, along with associated occupancy and economic activity. Please define the strengths and weaknesses of your suggestion. This is a no-brainer. I can't figure out why it hasn`t been done long ago. It's net a great deal of money. Please describe impler7nentat'son obstacles or challenges with respect to your suggestion. I dgn`t foresee any trtajor challenges. Please describe your idea for the conference center funds, build the swimming pool/ rec center 4:e sa desperately need Please describe how your suggestion meets the stated goals of increased occupancy and increasing overall economic activity in Vail. It probably wouldn't increase occupancy but would definetly increase economic activity - I take my kids to Avon or Silverthorne almost every weekend for a s4vim because there are na facilities here. They are packed alll the time and net even remotely convenient for tourists. Imagine how many guests tivould use such a place if it :vas on the bus routel Please define the strengths and weaknesses of your suggestion. when Mark Gordan ran for coon? council he said that one of his goals wvas to keep the locals here. To do so, we must become family oriented. Though the parks are great, we need a real draw that the whole family can enjoy in all types of weather. (haw much fun is Donovan Park in January?). The weakness would be the locals without kids who can afford the private athletic facilites probably vrouldn't use it much. Please describe implementation obstacles or challenges with respect to your suggestion, The last time we voted an a rec center it was defeated because the thing just got too big. the don't need a kayak pool. One of my favorite rec centers is the one in Aspen. It has everything trot isn't aver the tap. keep it simple with a pool or two, a avorkaut area, a climbing wall, artd r7!aybe same lndcar courts. Please describe your idea for the conference center funds. Use some of the money to fund thin Eagle County drug Task Force. Please describe how year suggestion meets the stated goals of increased occupancy and increasing overall economic activity in Vail. Making the Town of Vail and surrounding Eagle County a drag free and safe environment far residents and guests will bring more activity to the Vail Valley. Please define the strengths and weaknesses of your suggestiort. Federal fur?ding for the Drug Task Force has been slowly declining. Losing the DTF 4vil! result in increased crime and will eventually scare away yuests. Please describe implementation obstacles or challenges with respect to your suggestion. DTF Funding 4vauld go toavards salery /benefits /overtime /vehicles /equipment /and expenses for the DTF. Please describe your idea for the conference center funds. An activity center built aver the library, which vJOUId be a place for non-skiing members of big families and their kids to gather and sper?d time. It would include a coffee shop, comfortable sofas, Internet access and a nevr video audio/interactive info center where visitors raufd find restaurants, activities, shopping, real estate, and lodging http://www.vailgov.com/subpageprint.asp?page_ id=719 4/11/2006 Town of Vail Page 3 of 5 at their own pace, taking their time to inform themselves about Vail, in a way that can't be done with our present visitors centers. Local artists could display paintings, and local businesses could prepare short videos sho~vcasing their goods. Restaurants could make short videos of their chef preparing their signature dish. Representatives of the TOV, VR, P.ec District, Forrest Service, Gore Range Natural Science School, etc could either participate or also prepare videos. VR's Luke Cartin could give his great spiel on conservation programs. Channels 5, 8, F3, etc could be available. Local entertainers Could take turns offering samples of their talents. This would serve visitors and locals alike, Might even include a kiddie korner ylith things for kids to do, but separated from the adult area. Lost parents and lost kids could meet here. Computer stations at the vista, Riva, and Eagle -Rahn could allow skiers to instant message the center on their whereabouts. Only the imagination need limit 4vhat such a center could do. Please describe how your suggestion meets the stated goats of increased occupancy and inereasing overall economic activity in Vait. 1. it ~.^:ould inform visitors much more thoroughly about vrl~at Vaif has to offer 2. 6y offering non-skiers and kids someplace to "hang out" and to (earn about Vail and the i~tountains, and educational material about local flora and fauna, it would encourage famines to return, skiers and non-skiers. The center evould be unique, and be talked about in industry magazines. Please define the strengths and weaknesses of your suggestion. Strengths: 1. A good location is readily available: a second stcry over the Library, perhaps with vie4vs of the Mountain 2. It serves both visitors and locals alike (locals need a place to crash beriveen jobs, they need a place to wait while kids use Dobson arena, and they need internet access). Visitors need a better way to browse through all that Vaii has to offer, they need a place to wait for and meet people. ~NEAKNESSES 1. Although this adds value to Vail for the visitors wl~o bring big families and to locals who are thinking of moving dotvnvalley, the revenue it generates would be rrrastly indirect, insofar as it tivould expose the visitor to local businesses they would not otherwise have known about. There would be maintenance costs. To generate some revenr~e of its own, perhaps packages of activities (lectures, internet access, entertainment) could be sold, as long as they would not be a requirement to get into the center. Please describe implementation obstacles or challenges with respect to your suggestion. OBSTACLES 1. Convincing some that an indirect generator of revenue can he money well spent, that adding VALUE to our visitor's experience is worthavhile. 2. Putting a monetary equivalent to the value it would generate for the visitors to Vail, the value for drawing more locals to Vail„ and the showcase it would offer for businesses. 3. Money would have to be spent to create the "infotainment" videos, the lectures, and whatever other activities created for its use. Please describe your idea for the conference center funds. The money should be returned to those who paid the tax by means of a reduced lodging tax. L^lhile this will not get tl7e money back into the hands of those wino actually forked over the dough, it will go back to the class of people who paid the tax. Any other use of the money is fraud. Please describe how your suggestion meets the stated goals of increased occupancy and increasing overall economic activity in Vaif. It will generate good will with those i~ho pay most of our bills. Please define the strengths and weaknesses of your suggestion. The strength is that the rr+oney gos back to those ~vho paid the tax. The weakness is that is doesn't allow the TOV to trse it for other purposes. Please describe implementation obstacles or challenges with respect to your suggestion. I few obstacles or obstructions: just reduce the tax rate until the money is burned up. Please describe your idea for the conference center funds. THE TOV`1N'S NUMBER ONE ASSET AND NUMBER ONE INCOME GENERATOR FOR RECREATION) IS THE VAIL GOLF COURSE AND PJOT ONE DIME HAS BEEN SPENT ON ITS INFRASTRUCTURE IN 20 - 30 YEARS. tNHY NOT USE THE MONEY TO IMPROVE THIS MOST VALUABLE TOWN OWNED RECREATIONAL ASSET. Please describe how your suggestion meets the stated goals of increased occupancy and increasing overall economic activity in Vail. I THINK THAT WE CAN A55UN1E THAT THE LODGES AND VISITORS WILL USE THE GOLF COURSE AND PAY MORE FOR TFEE EXPERIENCE IF THE QUALITY WAS CLOSER TO OTHER REGIONAL COURSES. Please define the strengths and weaknesses of your suggestion. THIS IS A PUBLIC AND TOWN GOOD THAT WILL KEEP THE VAIL RECREATION DISTRICT AND ALL THE THINGS IT SUPPORTS VIABLE WELL INTO THE FUTURE. TFtERE ARE NO 4NEAKNESSES. Please describe implementation obstacles or challenges with respect to your suggestion. MIGHT NAVE TO SHUT DOWN 9 HOLES OVER 7bV0 SEASONS TO REPIACE 40 YEAR OLD GREENS AND YOU MIGHT HAVE TO SHUT DOWN THE ANCIENT CLUBHOUSE IN THE +~JINTER FOR REMODELING. Please describe your idea for the conference center funds. Ford Park underground parking. This facility could support the needs of summer recreation, access to the botanical gardens, and the ampt~itlieater as well as skiier- overload. Please describe how your suggestion meets the stated goals of increased occupancy and increasing overall economic activity in Vail. Vail hotels benefit from summer recreation and events at Ford park. More parking releaves concerns of overcrowding and gives retailers more parking for shoppers. Please define the strengths and weaknesses of your suggestion. VR money of $4.4 million is on the table for parking developernent. This nearly doubles the $7.7 million. Additional bond money would be needed to build an even bigger underground structure. Please describe implementation obstacles or challenges with respect #o your suggestion. Some believe VR is totany responsible for added parking needs and can't see 4Vest Lianshead as a seperate issue. Some believe Ford park is sacred ground and they can't see the opportunities through the weeds. Please describe your idea for the conference center funds. Return ALL funds to their rightful owners: The local businesses who paid those lodging/convention center taxes. And then police the businesses to return that money back to tl~e guests who paid those tars. What guest would EVER expect a Vail Tax Refund ?? Cha{k it up to marketing goodwill. http://www.vailgov.com/subpageprint. asp?page_id=719 4/11/2006 Town of Vail * Page 4 of 5 Please describe how your suggestion meets the stated goals of increased occupancy and increasing overall economic activity in gait. The stated goal veers away from why the tax was initiated in the first place: to fund the building of a convention center. No Convention Center = No Tax required =RETURN THE MONEY TO THE GUESTS WHQ MADE IT ALL HAPPEN! Please define the strengths and weaknesses of your suggestion. Strengths: Build tremendous goodwill with past Vail Valley guest. Weakness.: Takes $7.7 million away from fund thirsty Town Council. Please describe implementation obstacles or challenges with respect to your suggestion. . Time intensive. Refunding $7.7 million to guests vrould take a lot of time. But anyone with a PC can pull up guest stays and make this happen. However, regardless of the time involved, this is the right thing to do. Please describe your idea for the conference center funds. Parking garage at Ford Park , Please describe how your suggestion meets the stated goals of increased occupancy and increasing overall economic activity in Vail. More people, more activity Please define the strengths and weaknesses of your suggestion, Would clear up the Frontage Raad. Someone is going to die out there if we don't change tl~e parking arrangement. VVCUId help with all the functions that occur at Ford Park/Amphitheater(Alpine Gardens. Not sure 4vhat the weaknesses are. May not b2 enough $$ to do it correctly. Please describe implementation obstacles or challenges with respect to your suggestion. Construction would make it worse out there duriny one summer. Please describe your idea for the conference center funds. Split the balance three ways: 1. Finance golf course improvement 2. Start-up funding for NELV Special Events 3, Subsidized package rates for golfers (atl least one round in Vail) and future, new, Special Event ticket holders with an emphasis on the shoulder seasons. Please describe how your suggestion meets the stated goals of increased occupancy and increasing overall economic activity in Vai{. Let the lodying owners team up with the golf co~irse and Special Events to offer special rates partly subsidized by the balance. We, as the town should transfer certain monies to the Rec District to remodel, improve, and promote an old economic engine, the golf course. New QUALITY special events have proven themselves in the past ;and I'm not talking about Vail's Farmers Market. I'm talking about a reason for someone'to drive or fly to Vaii like the Teva Games.) Please define the strengths and weaknesses of your suggestion. I could riot begin to provide the proper professional anaylsis. These are old suggestions. I would hope by now that the town staff already has a base of knowledge to start analyzing for 2007 assumptions, parameters, trends, pnd projections. - Please describe implementation obstacles or challenges with respect to your suggestion. If there is a will, there is a way. I vaould think that the golf course manager and the Special events staff would be more than happy to create an analysis for recieving the funding that t-vould generate business and partly subsized their customers' hotel rates. If they cannot, my suggestion falls flat. Please describe your idea for the conference center funds. A build"iny where conferences could be held. Please describe how your suggestion meets the stated goals of increased occupancy and increasing overall economic activity in Vail. _. Increased business during typically bwer occupancy months. Also, when larger groups have the ability to come to Vail, we tivould have more business far everyone. Rlease define the strengths and weaknesses of your suggestion. Strengths: Planning complete, voters chose to do this. Please describe implementation obstacles or challenges with respect to your suggestion. Political special interest groups who take advantage of the system. Please describe your idea far the conference center funds. I really like the idea of the escalator at the Trarrsportation Center. I lave skiing at Vail, but every day I dread the hike up the steps after a hard day of skiing. I'm 64 years old, female and an expert skier. My other idea is to improve the safety of Meadow Drive and the sidewalk along Meadow Drive. Many times this winter my daughter-in-law has fallen on Meadow Drive between Vail Road and Willow Bridge Rd. bVith the new construction Meadow Drive is even more shaded than before and the ice on the street doesn't get enough sun to melt. Also the sidewalk by the Crossroads bus stop is always congested avith people waiting for the bus thereby pushing people walking by out into the street. The sidewalk in that area is also very snav;~packed and icy much of the winter. Please describe how your suggestion meets the stated goals of increased occupancy and increasing overall economic activity in Vail. No Response Please define the strengths and weaknesses of your suggestion. No Response Please describe implementation obstacles or challenges with respect to your suggestion. No Response Please describe your idea for the conference center funds. Build a West Vail fire station Please describe how your suggestion meets the stated goals of increased occupancy and increasing overall economic activity in Vail. A safe environment and the ablity to deal 4vith emergencies is critical to having guests feel safe in Vail Please define the strengths and weaknesses of your suggestion. 4^Jith all tho redevelopment within Vaii, the tivest vai! area 4vill soon unyo redevelopment and needs to receive fire http://www.vailgov.com/subpageprint.asp?page_id=719 4/11/2006 Town of Vail Page 5 of 5 protection upgrade. No direct money goes to marketing. Please describe implementation obstacles or challenges with respect to your suggestion. Resistance from the lodging and some within the retail community. West Vail residents will overwhleminy support this idea. Please describe your idea for the conference center funds. A Vai! Lifestyle-Wellness-~forkout-Aquatic-Recreation center that would appeal to tourists who want a spa environment, but would be affordable for use by locals as a primary fitness center for adults and children. The spa experience could be offerred as a week Fong retreat with a specific theme with a variety of presenters from the local community and the 4^Jorid (ie: relaxation, meditation,yaga,pi!ates,bikingskiin_g,tai chi, karate, educational workshops like writing,arts,theater,life coaches,religious, active Seniors week, etc} ,The spa environment and some presentations would need to be partially segregated from the main rec/aquatic area so as to appear more upscale. Please describe haw your suggestion meets the stated goals of increased occupancy and increasing overall economic activity in Vail It would appeal to non-skiers/snowboarders not only in the winter, but during the off seasons, as well as the summer. Please define the strengths and weaknesses of your suggestion. It would improve the quality of life for local residents of al! ages, and would give tourists more healthy choices for recreation. Please describe implementation obstacles or challenges with respect #o your suggestion. A central location between Vai3 Village and Lianshead, easily accessible to Tourists and locals would tte ideal. Please describe your idea for the conference center funds. To increase economic Activity: -Make sure the redevelopment of Crossroads lends itself to4vard toavn activity. If the theater is coming out, then something tl;at would bring people into that area (other than high end condo units) should be incorporated. Bo4vling Alley, ....????? -Availability of tennis courts to attract summer guests. Right now there is the Racget Club as the only really staructured play. Vic &raden is a big attraction. SO some organized tennis program would be great. Maybe a combined Tennis /Spa /Hiking retreat. Not unlike green valley. A more sfiructured hiking program that is not crazy expensive like the one at Beaver Creek that tkes visitors on great hikes within an hour of Vail would be a real tourist attraction (as well as locals..) Please describe how your suggestion meets the stated goals of increased occupancy and increasing overall economic activity in Vail. It seems that many people i speak ~•vith PERCEIVE that beaver creek is a great place to came in terms of its activities and things to do. Vai! does not market Fell or lacks some cohesiveness that Beaver Crekk leas been able to achieve. As a vail resident i of course believe otherwise. I know ail niy NY friends like to hike, play tennis, have availibility of planned activity. Please describe your idea for the conference center funds. Allocate some of it to offset the salary obligations that will be created by the capitol funding of a west vail fire station and the need for a training officer with the increased student/resident population to 21+.... Please describe how your suggestion meets the stated goals of increased actupancy and increasing overall economic activity in Vail. The third fire station completes the strategic formula for a quick response fire department throughout the valley, giving Ai~L of Vail's citizehs equal protection and quality of life saving service. Economically, living citizens spend more than dead ones. Please define the strengths and weaknesses of your suggestion. Tire strength lies in tt7e ability to respond quickly to one tail and effectively to multiple calls. It fulfills a social promise made in 1932. Its only weakness is in the long term committment with regards to operational budget. Please describe impiementa#ian obstacles ar challenges with respect to your suggestion. Monies would have to be manipulated away from capitol projects and al{owed into economic and budgetary formulas appropriate for operational demands. Copyright J 200ti i To::n of Vail 7S 5. Frontage Road, Vail, CO 51657 j Toll Free: (566; 650-4020 i (970) 479-2100 http://www.vailgov.com/subpageprint.asp?page_id=719 4/11/2006 MEMORANDUM TO: Town Counci! FROM: Community Development Department DATE: April 18, 2006 SUBJECT: First reading of Ordinance No. 9, Series of 2006, an ordinance repealing and re- enacting Ordinance 2, Series of 1997, Flaum -The Valley Phase V, Special Development District (SDD) No. 34, amending and. reestablishing SDD No. 34, in accordance with Section 12-9A-10, Amendment Procedures, Vail Town Code, to . allow for a major amendment to SDD No. 34, Ffaum-The Valley Phase V, to increase the allowable gross residential floor area for (GRFA) employee housing units (EHUs) and associated garages within the district, and setting forth details in regard thereto. On March 27, 2006, the Town of Vail Planning and Environmental Commission voted 6-0-0 (Viele absent) to forward a recommendation of approval for a proposed amendment to SDD No. 34, Flaum -The Valley Phase V, to the Vail Town Council, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the increase in the allowable GRFA for EHUs within the District from 500 square feet to 850 square feet and to increase the' allowable size of the EHU garage from 300 square feet to 400 square feet, located at at 1521, 1601, and 1631 Buffehr Creek Road/Lots A-C, The Valley Phase V, and setting forth details in regard thereto. A copy of the staff memorandum to the Planning and Environmental Commission, dated March 27, 2006, has been attached for reference. Attached~to this memorandum is a copy of Ordinance 9, Series of 2006. Text which is to be added is indicated as bold italics and text which is to be deleted is shown in The Community Development Department recommends that the Vail Town Council approves Ordinance No. 9, Series of 2006, on first-reading. The Town Council can vote to approve, approve with modifications, or deny Ordinance No. 9, Series of 2006. MEMORANDUM TO: Planning and Environmental Commission FROM: Department of Community Development DATE: March 27, 2006: SUBJECT: A request for a recommendation to the Vail Town Council, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to Special Development District No. 34, Flaum-The Valley Phase V, to increase the allowable gross residential floor area for employee housing units. and associated garages within the district, located at 1521, 1601, and 1631 Buffeter Creek Road/Lots A-C, The Valley Phase V, and setting forth details in regard thereto. Applicant: Jim and Cookie Flaum/Steve and Margaret Lindstrom Planner: Warren Campbell SUMMARY The applicants, Jim and Cookie Flaum and Steve and Margaret Lindstrom, are requesting a recommendation from the. Planning and Environmental Commission to the Town Council regarding a request to amend Special Development District (SDD) No. 34, Flaum-The Valley Phase V, to increase the allowable gross residential floor area for employee housing units and, associated garages within the district,. located at 1521, 1601, and 1631 Buffeter Creek Road/Lots A-C, The Valley .Phase V. Staff is recommending that the Planning and Environmental Commission forwards a recommendation of approval to the Town Council regarding the request to increase, the allowable square footage for employee housing units and associated garages within in SDD No. 34 subject to the findings and conditions outlined in Section IX of this memorandum. ll. `DESCRIPTION OF THE REQUEST The applicants, Jim and Cookie Flaum and Steve and Margaret Lindstrom, are requesting a recommendation from the Planning and Environmental Commission to the Town Council regarding a request to amend Special Development District (SDD) No. 34, Flaum-The Valley Phase V, to increase the allowable gross residential floor area for employee housing units and associated garages within the district, located at 1521, 1601, and 1631 Buffeter Creek Road/Lots A-C, The Valley Phase V. Special Development District No. 34 allows for a single EHU to be constructed on each of -the three lots within the SDD with only one being required to be constructed within the SDD. The maximum allowable size for any EHU built within the SDD is 500 square feet and 300 square feet for the .required enclosed parking space. There is currently asingle-family home that does not contain an Vail Town Council Attachment: A EHU constructed on Lot B of the SDD. On July 6, 2005, the Design Review Board (DRB) approved a new single-family residence with an EHU located over the garage on Lot- A, the lot owned by Mr. and Mrs. Flaum. Subsequent to that approval Mr. and Mrs. Flaum found that the EHU they would be constructing was maximized of 500 square feet but was not of a size which would be conducive to comfortable living. ,Therefore an application to increase the maximum allowable size of an EHU and the associated garage was submitted. The applicants' request is to increase the maximum allowable GRFA for an Employee Housing Unit (EHU) from 500 square feet to 850 square feet .and increase the size of the required enclosed parking space from 300 square feet to 400 square feet within SDD No. 34. A vicinity map has been attached ,for reference (Attachment A). A copy of the proposed architectural plans have been submitted for reference (Attachment B). The attached architectural plans depict the approved design and the proposed design which would be submitted to the DRB if the proposed amendment is approved. The following are the. proposed . text amendments to Ordinance 2, Series of 1997, which enacted SDD No. 34. Text which is to be deleted is shown in s~~# and text to be added is shown in bold italics. Type /l EHU GRFA: a89 850 sq. ft. allowed per lot for development of an EHU, per Type 11 EHU requirements. EHU Garage Area: 1 enclosed parking space required per EHU per lot, which must be deed restricted for use by EHU only. Up to 398 400 sq. ft. garage credit allowed per EHU per lot. III. BACKGROUND The parcels within SDD No. 34 where annexed into the Towne of Vail by Ordinance 9, Series of 1987 which became effective on April 29, 1987. When annexed into the Town there was an Eagle County approved PUD on the parcels of which no construction had begun. The PUD generally allowed for the development of each of the three lots with a duplex. On January 13, 1997, the Planning and Environmental Commission unanimously recommended approval of SDD No. 34, Flaum-The Valley Phase V to the Town Council. Town Council established SDD No. 34 through the approval of a second reading of Ordinance No. 2, Series of 1997, on February 18, 1997. On July 6, 2005, the Design Review Board approved a new single-family residence with an EHU located over the garage on Lot A of the SDD. IV. ROLES OF THE REVIEWING BOARDS Special Development District and Maior Amendment Order of Review: Generally, applications will be reviewed first by. the PEC for 2 impacts of use/development, then by the DRB for compliance of proposed buildings and site planning, and final approval by the' Town Council. Planning and Environmental Commission: The PEC shall review the proposal for and make a recommendation to the Town Council based on the Criteria and Findings listed in Section IX of this memorandum. Design Review Board: The DRB has NO review authority on a SDD proposal, but must review any accompanying DRB application. The DRB review of an SDD prior to Town Council approval is purely advisory in nature. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Action: The Town Council is responsible for final approval/denial of an SDD. The Town Council shall review the. proposal using the Criteria and Findings listed in Section IX of this memorandum. V. APPLICABLE PLANNING DOCUMENTS Town Of Vail Zoning Code Article 12-9A: Special Development (SDD) District (in part) 12-9A-1: PURPOSE: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the .new development with the. town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan 12-gA-2: DEFINITIONS: -- MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEV1~: Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this section), except as provided under section 12-15-4, "Interior Conversions'; or 12- 15-5. "Additional Gross Residential Floor Area (250 Ordinance)'; of this title. VI. SITE ANALYSIS Legal Description: Address: Lot Size: Zoning: Land Use'Plan Designation Current Land Use: Lots A-C, The Valley Phase V 1502, 1601, and 1631 Buffehr Creek Road 1.81 acres (79,002 sq. ft). Special Development District No. 34 (Residential Cluster zone district underlying zoning) Open Space Residential The approved development standards for this SDD are prescribed as follows: Development Standard Maximum Allowance/Limitation Number of Lots: 3single-family lots Dwelling Units: 3 dwelling units Density: 1.66 dwelling units/acre Employee Housing Units (EHU): 1 Type II EHU per lot allowed Buildable Area: Per approved development plan and building envelopes Site .Coverage: 25% of lot area (per lot) GRFA: 2,933 sq. ft./dwelling unit (with no additional credits) Type II EHU GRFA: 500 sq. ft.. allowed per lot for development of an EHU, per Type II EHU requirements. Garage Area: 600 sq. ft. allowed per dwelling unit EHU Garage Area: 1 enclosed parking space required per EHU per lot, which must be deed restricted for use by EHU only. Up to 300 sq. ft. garage credit allowed per EHU per lot. Setbacks: Per building envelopes delineated on development plan. No GRFA is permitted within 20' of the front property line. Garage area is allowed within 20' from the front property line within the established building envelopes. Parking: Per Chapter 18.52 Off-street Parking and Loading, Zoning Code 4 Exterior Lighting: Per Chapter 18.54 Design Review Guidelines, Zoning Code Building Height: 30' for a flat roof, 33' for a sloping roof VII. SURROUNDING LAND USES AND ZONING Land Use North: ;Open -Space South: Multi-Family Residential East: Open Space West: Open Space VIII. CRITERIA AND FINDINGS Zoning Residential Cluster zone district Residential Cluster zone district Residential Cluster zone district Residential Clusterzone district Special Development District Maior Amendment .Chapter 12-9 of the Town. Code provides for the amendment of an existing special development districts in the Town of Vail. According to Section 12-9A-1, the purpose of a special development district~is, "To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use; to improve the design character and quality of the new development within the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open-space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District. " The Town Code provides nine design criteria which shall be used as the principal criteria in evaluating the merits of the amendment to an existing special development district. It shall be the burden of the applicant to demonstrate that submittal material anal the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The following is a staff analysis of the project's compliance with the nine SDD review criteria: A. Consideration of Factors Regarding Special Development Districts: _ A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to - architectural design, scale, bulk, building height, buffer zones,- - identity, character, visual integrity and orientation. On July 6, 2005, the Design Review Board approved a new single- 5 family residence with an EHU located over the garage on Lot A, the lot owned by Mr. and. Mrs. Flaum. The approval of the design by the DRB affirms that the bulk, size, character, etc. is in keeping with the. neighborhood. The set of attached architectural plans show both the approved design and the proposed design which would be submitted as a revision to the DRB if this application is approved and it can be seen that the requested increase in allowable GRFA for the EHU from 500 to 850 square feet and garage from 300 to 400 square feet has very little external impact on the design. Staff believes the proposed amendment complies with this criterion. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The proposed single-family residential structure with an attached EHU on the property is compatible with the surrounding residential uses and complies with zoning regarding density and use. Staff believes the proposed amendment complies with this criterion. , C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. The proposed amendments to the SDD do not have any negative effect on this criterion. All lots developed within the SDD will comply with the parking standards. A unit which is less than 2,000 square feet in area is only required 2 parking spaces. In this case there will be one space in the garage and one directly in front of the garage door for the EHU. D. Conformity .with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. This site is designated as Open Space (OS) in the Land Use Plan. This designation allows development at densities of 1. unit per 35 acres. However, these parcels are zoned Residential Cluster. The following Land Use Plan goals directly address the importance of EHUs in the Town: Goal 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. Goa15.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. In 1997 the PEC recommended that each home be allowed 500 sq. ft. of additional GRFA for EHUs on these lots with only one EHU being 6 required within the SDD which is found in the adopting ordinance for the SDD. The applicant in attempting to implement this requirement of the SDD found that maximum allowable size of 500 square feet was insufficient to provide a livable space to an employee with additional storage. Staff believes the proposed amendments implements these goals. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. ~ According to the Official Town of Vail Geologic Hazard Maps, SDD No. 34, Flaum-The Valley Phase V, development site is located in a High Severity Rockfall Hazard. The applicant provided a site specific analysis in 1997 in conjunction with the adoption of the SDD which indicates that the hazard is a "moderate" hazard and that appropriate mitigation can be provided to protect uses on-site as well as adjacerit uses and public facilities. Staff believes that this criterion has been appropriately address and all structures are designed to mitigate the impacts. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation .and overall aesthetic quality of the community. The initial adoption of SDD No. 34 was a reduction in the approved density under the approved Eagle PUD which allowed for a less intense development of the site. In addition, the plat that was recorded in conjunction with the adoption of SDD No: 34 had building envelopes which do not allow the construction of structures outside the envelopes. The platted building envelopes were located to lessen the impact to existing vegetation on the site and avoid steeper slopes. The current proposal would not alter that initial approval. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. The circulation system for this SDD was approved in the initial adoption of SDD No. 34 and is currently in place. The proposed construction of the Flaum residence will continue the, existing driveway which accesses the three lots. This proposal does not alter that circulation system. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. The initial adoption of SDD No. 34 was a reduction in the approved density under the approved Eagle PUD which allowed for a greater preservation of the site. In addition, the plat that was recorded in 7 conjunction with the adoption of SDD No. 34 had building envelopes which do not allow the construction of structures outside the envelopes. The current proposal would not alter that initial approval. I. Phasing .plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. ' There are there lots within SDD No. 34, which are owned by the two applicants. Currently, Lot B, is the residence of Mr. and Mrs. Lindstrom and they own Lot C. Mr. and Mrs. Flaum own Lot A and plan to construct. a new residence on the lot this summer. The phasing of the construction on the remaining lots will not have any negative effects on the items identified in the criterion above. IX. .STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council to allow for a major amendment to Special Development District No. 34, Flaum -The Valley. Phase V, to increase the allowable gross residential floor area for employee housing units and associated garages within the district, located at 1521, 1601, and 1631 Buffehr Creek Road/Lots A-C, The Valley Phase V, and setting forth details in .regard thereto. Staff's recommendation is based upon a review of the criteria and findings as outlined in this memorandum and from the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval of the applicants' requests, staff recommends that the following finding be made as part of the motion: "The Planning and Environmental Commission forwards a recommendation of approval, to the Vail Town Council for the applicants' request of a major amendment to a special development district (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No. 34, Flaum-The Valley Phase V, to increase the allowable gross residential floor area for employee housing units and associated garages within the district, located at 1521, 1601, and 1631 Buffehr Creek Road/Lots A-C, The Valley Phase V, and setting forth details in regard thereto." X. ~ ATTACHMENTS A. Vicinity Map B. Reduced copy of proposed architectural plans C. Public Notice s .,~, ~"_.,, m~ ~_. sv '~s?r s ~- nom.; - s ~~~F ~ ^~ r ,.°°_s•.° a-'" ~ -. r°° '°~..:°-5 a~ .' 4em~ 'mow: 'E~~14 ,:~ ~.,: r 'Lt...r y ,,. _{ ~ ' ~w ;;z ,. - -.. ~ r. r' - - --'__ ._...®..._. _.9g -~__ 'r :mac Ynwar~.a.- ~s.a..-'__~. ~~.z_..~c .~c.~~- - - ~.::.~. - - c Proposed Amendment to SDD,.No. 34, Flaum -The Valley P1as;e. V ' ~ Planning and En_vironmenfalCommission March 27, 2006 - ~ 4 ~r ~; ' r ~ 1~ r { - ~ i r'' ~ r.'.fS r r ~ ~ t ~ c~ 'G 7 ~ ' ~ t ~? ~~ s ~'•'^ r iY _ N]~}'14~,: ~ ,rte ~-~ ~- .='° '~-.rcb . ~ k - .ri- } .r ~, ~- r`~= y ~!~' d Z »~ C; ~ i ~x 7 p ~. N, °.<!'; ~' 7 s ~:~ ,c~44~ :y ~ ~ a S~~ r S ,~ ;'' t" , :{: i ~ 4t'_l`~ _is ~ :~~,-~'~ ~'i~ ~~h 1~ N'~~ ~'~~i.~~M~S a _ - 4 i, c ~ P ~ r N ~ d? ~ ~ L ~r^~~'-f~ ,!~ ~ !. KS.y ",z, tX ~. .n. ~ yK ~. yy ~ ~ F f i F. 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I '.~,.~ ~' •~ ? ~ ~ rJ~ ~ s 1 `{~i 5 t Y ~~~, l ~ 1, 1'a ~11 E~ '' ~ F _ / /~~ y.r o~"r f~j` ~, ~ .,_~y'~ (' <":t t(. ~:~T t , _.+ f X41 ~ 3'1 4+U ~}~ ~ } ~, ,~ °=t r: 5 .v - ~/ •~l i + i ~ c~ a ~ a~ T •~ I- { y ]' t ' ~ rrr;t~ ~ ' i:- t~ w ~ ~ - ~ 1~ .~.ti ~ ~:-~F f .. - , Yt t',,-' F' F~ 1 ~~+F x v~ ~~a I ~ ~~ ~ ~; - ,z. t -i- 1 ~ ~4 ~~< ~~ - J ~ , + ~ ,rt q >~ k `, n~,+ ( ~ ~ sr ~ ~ ~~~ 1. ~ x ~.~~ - { ,~~tie~ _ ~ ~~.r ~~af 14 '+~~~~rl~i<` °v try '.'gip. ,~p~-y, Ci - ~~,4 ~~ ~ ~7 '-1r ,/rte ~ ~~ ~~~ i d ~+P' tt, r'~c.~~Y{lIt?y:;~+ ~,+~+'.. xI~~Ti~ rt ~~ ~-~---•-~~~~~(~n~L'~~:,a5~ r ;D ~ s t. _ - __ ~ r I ',-'G ='~ 1. 7 Cj ~i y~. ".~ - 1. 'N: ® ~ .100 0 100 Feet .. ~ ~ This maP was seated by the Town o(Vail GS Department. Use of Nis map should 6e for general purposes only., The Town of Vail does rwt warrant the acwraty of the information contained herein. (parcel line work Is approximate) . - __ ~~ ,~ ~~~ : 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 March 27, 2006, at 2:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a recommendation to the Vail Town Council, pursuant to Section 12-9A-1.0, Amendment Procedures, Vail Town Code, to allow for a major amendment to Special ~ ~ ~~ ~- Development District No. 34, Flaum -The Valley Phase V, to increase the allowable ~~, ~A' ,~ square footage for employee housing units and associated garages within the district, ~ `~ located at 1502, 1601, and 1631 Buffehr Creek Road/Lots A-C, The Valley Phase V, and setting forth details in regard thereto. Applicant: Jim and Cookie Flaum/Steve and Margaret Lindstrom Planner: Warren Campbell The applications and information about the 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 information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published March 10, 2006, iri the Vail Daily. Attachment: C ORDINANCE NO. 9 Series of 2006 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 2, SERIES OF 1997, PROVIDING FOR CHANGES TO SPECIAL DEVELOPMENT DISTRICT NO. 34, FLAUM-THE VALLEY PHASE V, THAT CONCERN THE INCREASE .IN THE ALLOWABLE GROSS RESIDENTIAL FLOOR AREA (GRFA) FOR EMPLYEE HOUSING UNITS (EHUS) AND ASSOCIATED GARARG'ES WITHIN THE DISTRICT; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, Chapter 9 of the Vail Town Code.authorizes Special Development Districts within the Town; and WHEREAS, The Town Council approved Ordinance No. 2, Series of 1997 Special Development District No. 34, Flaum-The valley Phase V; and WHEREAS, The owners of the three lots within the SDD have requested to amend the existing Special Development Districf No. 34; and WHEREAS, Section 12-9A-10 of the Vail Town Code provides procedures for major amendments to existing Special Development Districts; and WHEREAS, The applicant has complied with the requirements outlined in Section 12-9A-10 of the Vail Town Code; and WHEREAS, The Special Development District provides for creativity and flexibility to allow for the development of land within the Town of Vail; and WHEREAS, On March 27, 2006, the Planning and Environmental Commission held a public hearing on the major amendment proposal and has recommended that certain changes be made to Special Development District No. 34, Flaum-The Valley Phase V; and WHEREAS, The Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to repeal and re-enact Ordinance No. 2, Series of 1997 to provide for certain changes in Special Development District No. 34, Flaum-The Valley Phase V. 1 -- - Vail Town Council Attachment: B NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 2, Series of 1997 is hereby repealed and re-enacted to read as follows: SECTION 1 The approval procedure prescribed in Title 12, Chapter 9, Section 10(B) of the Vail Town Code have been fulfilled, .and the Vail Town Council has received the report of the Planning and Environmental Commission recommending approval, of the proposed development plan for Special Development District No. 34. SECTION 2 Special Development District No. 34 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the town, provide adequate open space, employee housing, and promote the objectives of the Town's Zoning ordinance. The development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission, and there are significant aspects of the special development which cannot be satisfied through the imposition of standard zoning on the area. SECTION 3 Special Development District No. 34 is established for the development on a parcel of land comprising 1.81 acres (lots 3 and 4, the Valley Phase V) and shall be referred to as "SDD No. 34". 2 c~rrTinni a The Town Council finds that the development plan for SDD No. 34 meets each of the standards set forth in Article 12-9A, Special Development District, Vail Town. Code. In accordance with Article 12-9A, Special Development Districts, Vail Town Code, the development plan for SDD No. 34'is approved. SECTION 5 The zone district underlying SDD No. 34 is Residential Cluster (RC). The uses allowed in SDD No. 34 shall be limited to those uses indicated on the development plan and those uses allowed by right, and those uses allowed by conditional use, which are set forth in said zone district of the Towri of Vail Zoning Code. SECTION 6 In addition to the Approved Development Plan described herein in Section 7, the following development standards have been submitted to the Planning and Environmental Commission for its consideration, and the Planning & Environmental Commission has forwarded its recommendation of conditional approval to the Town Council, and the Development Plan is hereby approved by the Town Council. The development standards for this SDD shall be those prescribed by the Residential Cluster (RC) zone district unless specifically addressed herein. The following are the specific development standards for SDD specifically addressed herein. The following are the specific development 3 standards for SDD no. 34: Base Information Underlying Zoning: RC (Residential Cluster) Lot area: 1.81 acres or 79,002 sg. ft. Development Standard Maximum Allowance/Limitation Number of Lots: 3 single family lots Dwelling units: 3 dwelling units Density: 1.66 dwelling units/acre Employee Housing Units (EHU) 1 Type II EHU per lot allowed. One Employee Housing Unit is required for the entire development which must be provided prior to, or in conjunction with, the Building Permit for the third dwelling unit constructed on-site. Buildable Area: Per approved development plan and building envelopes. Site Coverage: 25% of lot area (per lot) GRFA: 2,933 sq. ft./dwelling unit 4 Type II EHU GRFA: Garage Area: 588 850 sq. ft. allowed per lot for development of an EHU, per Type II _ EHU requirements. Planning and Environmental Commission review is required per conditional use requirements for Type II EHU. 600 sq.ft. allowed per dwelling unit (exclusive of the EHU) EHU Garage Area: 1 enclosed parking space required per EHU per lot, which must be deed restricted for use by EHU only. Up to 388 400 sq. ft: garage credit allowed per EHU per lot. Setbacks: Per building envelopes delineated on development plan. No GRFA is permitted within 20' of the front property line. Garage area is allowed within 20' from the front property line within the established building envelopes. Parking:- Per Chapter 18.52 Off-street Parking and Loading, Zoning Code Exterior Lighting: Per Chapter 18.54 Design Review Guidelines, Zoning Code Building Height: 30' fora flat roof, 33' for a sloping roof 5 SECTION 7 SDD No. 34 is subject to the following additional conditions: 1. The development plan shall be that plan entitled "Flaum Residence," prepared by Pierce, Segerberg, & Associates, Architects, dated 11/11/96, with the latest revision on 1/10/97. 2. Trash collection shall be typical residential curbside collection and dumpsters shall not be permitted on these lots or in the adjacent right- of- way. 3. This site shall be limited to one curbcut for all three lots as depicted on the development plan. The entire curbcut shall be developed upon initial construction on any of these three lots. 4. The applicant shall submit a mitigation plan for the rockfall hazard which shall be reviewed and approved by the applicant's geologist prior to Design Review Board approval for construction of homes on these lots. 5. This approval shall become void if the construction of at least one lot is not commenced within three years of the final approval of the SDD. The developer must meet the requirements of Section 18.40.120 of the Municipal Code. of the Town of Vail. 6. The recreational amenities tax for this development shall be assessed at the rate required for the Residential Cluster (RC) zone district, as provided for in Chapter 3.36 of the Town of Vail Municipal Code. 6 7. All retaining walls on-site shall conform to existing code requirements. No retaining wall shall exceed 3' in the first 20' from the front property line on these lots. 8. All development standards contained in this ordinance site shall be noted on the development plan and the final plat for this development. Those notes shall include the following note regarding development within building. envelopes: "All future development will be restricted to the area within the platted building envelopes. The only development permitted outside the platted building envelopes shall be landscaping, driveways and retaining walls associated with driveway construction. At-grade patios (those within 5' of existing or finished grade) will be permitted to project beyond the building envelopes not more than ten feet (10') nor more than one-half (1/2) the distance between the building envelope and the property line,. or may project not more than~5 feet (5') nor more than one-fourth (1/4) the minimum required dimension between buildings." 9. One Employee-Housing Unit (EHU, Type II) is required for the entire development which must be provided prior to, or in conjunction with,. the Building Permit for the third dwelling unit constructed on-site. €+ve #ue~~;~09-) Eight hundred and fifty (850) sq. ft. of additional GRFA shall be allowed for the construction of an EHU on each lot. 10. As mitigation for impacts to large trees on-site, 21 additional trees will be provided on-site (7 additional trees per lot). These trees shall have a minimum caliper of 3" for deciduous trees or a minimum height of 8' for conifers and shall be provided at the time of construction on individual lots. SECTION 8~ The owners, jointly and severally, agree with the following requirement, which is apart of the Town's approval of the SDD No. 34:. All previous approvals and development plans, including the County Approved PUD for the subject property, are hereby null and void. c~rTinni a Amendments to the approved development plan shall be reviewed pursuant to Section 12-9A-10, Amendment Procedure, Vail Town Code. SECTION 10 If any .part, section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses, or phrases be declared invalid. s SECTION 11 The Town Council hereby finds, determines and declares that this ordinance is ,- necessary and proper for the health, safety and welfare of the Town of Vail and its inhabitants thereof. SECTION 12. The repeal or the repeal and reenactment of any provisions of Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal' of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON .FIRST READING this 18th day of April, 2006 and a public hearing for second reading of this Ordinance set for the 2"d day of May, 2006, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Rodney E. Slifer, Mayor Lorelei Donaldson, Town Clerk 9 FLAUM RESIDENCE 1631 BUFFEHR CREEK ROAD '~ LOT A OF THE VALLEY PHASE 5 TOWN OF VAIL EAGLE COUNTY, COLORADO ONTIER: JIMANOCOOKIEFIAUM P.0. BO%3117 VAIL, COLORADO BI65B 970.926.9506 ARCHITECT: SCOtt S.IURNIPSEED AIA ARCHITECTURE CONSTRUCTION, 81NTERIOR DESIGN 1143 CAPITOL STREET, SUITE 211 P.0. BOX 3388 EAGLE COLORADO BI631 PHONE: 970.328.3900 TAX: 910.3283901 STRUCTURAL GEBAU, INC. ENGINEER: 1121 BROADWAY,SUIfE201 BOULDER, CO 80302 PHONE: 303.444,8545 FAX: 303A44.3140 SURVEYOR: EAGLE VALLEY SURVEYING P.0. BO% 1230 EDWARDS, COLORADO 81632 PHONE 910.949.1406 GEOUGIST: R.1.IRISH 1101 WEST YALE AVE. M 601 DENVER, COLORADO 80711 PNONE: 303.986.6658 INDEX: CS COVERSHEEf GENERAL DRAWING INFO; AI.I SIIEPLANS ISSUE: SDDg43RESUBMRTAL CONTRACTOR: REX SCHURENSTEDi A21 FLOOR PLANS ~ p27,ppd P.0. BOX 1885 A3.1 FRONT AND LEFT ELEVATIONS VAIL COLORADO 970.390.3419 A32 REAR AND RIGHT ~EVATIONS PROJECT SUMMARY: A82 LOWER LEVEL GRFA CALC NEW CONSTRUCTION • SINGLE FAMILY W(EHU A8.3 MAIN LEVEL GRFACAIC ~ FOUR LEVELS ATTACHED GARAGE LANDSCAPE FIELDSCAPE ARCHRECi: RICFIflDS P.0. BOX iB71 PROPOSEDSOUAREPOOTAGESUMMARY: AVON, CO 81620 970.328.4006 LOWER LEVEL (FINISHED( 1,8665.F. MAIN LEVEL (FINISHED( 1,291 S.F. MASTER LEVEL FINISHED) 969 S.F. CML MARGIN ENGINEERING ENGINEER: PAUlANOERSON iOTALFINISHED 4,126S.F. P.O. BOX 1062 AVON, CO 81632 GARAGE 587 SF. 970.148A274 EHU 837 S.F. SOILS HPGEOTECH EHU GARAGE 326S.F. ENGINffR: DAVE YOUNG TOTAL 5020 COUNTY ROAD 154 5,876S.F. GlENW000 SPRINGS, CO 8160 FOOTPRINT 3 626 S F 970.945.7988 . , . Attachment: B ~`M Scolt 5. NmlpueA, AIA m~selms~,iwnrragw Q Q ~ ~m o b, ~ ~ ~~_ ~ ~u& ~~v~ a "~ a ~ ~ o ._ ~ ~. C 2 h ~ ` C 6 0 ~ ~! U '~ N ~ d ~? ymo ~ ~ n ~,wa !n boa i ,Q t U ~ 0 U U W U z q W 0 ~, a W c a a a x a Q a 0 ~ ya F"~ W ~ O W W t U ~ a ~ > ,W/~<w„ W x ~ 0 Z w x 3 p W H 0 U 5 0. M eC 0 W ~, a '' ~ ~ i a~° W (~ N~V~o~ory~ry~ W 1V ~ t~ ry N 9 a d v ~ of w3° ~ ~~~o~ ~ m Z ~ m h z w g a ~ ~ w o U Q < a O Z Z O U ~` CS COVER SHEEP ~~'~ ^~J s4~~ i' ^~ -~- ~ I ~ - _ _~~ __" --- ~~ ~; .~*w. ~~ L ~ _____ `,~ _ m~,r~ __ ..,_ = ,w, .,~~~,w~,,:e~ow- ~ ~ Q. 1 SITE PLAN -ORIGINAL 1.1 SCALE: 1^=~0~.a~ NoxrN SITE PLAN SCALE: 1" = i0'-0' NDRfN NOTE SURVEY PROVIDED DY EAGLE VALLEY SURVEYING GRADING PROIDED DY MARGIN ENGINEERING ~~- ~ ` i ~; ~~ _~~~ .- - \ :g - ®~ _ ~ -- ~ - ~, ~~~' III si ~ _ ~.~ ~ I _~a_--- - - --- , -- -- .a - ----- ;, __- _ ~ ~~, :~ . _ -- /~/ - --'-- r~ ~ ~rn u FLOOR ELEVnnoNS: 100'-0" =8390'-7' USGS GARAGE 97.65!8" MUDROOM IEVEI 93' - B 314" LOWER LEVEL 87.53/&' MAIN LEVEL 100'-0" MA51ERlEVEL 105'-33/8" DRIVEWAY = 2,535 S.F. _\ . i9 ,~~„~:;A~a,,:. ~~~. SITE PLAN -PROPOSED ,p, 1.1 SCALE: j„=20'-0" N(NtIM Stoll S, Tumlpseed, AIR ;mmaelmowmlmtra~o, a Q °o '~ ^~ ~ o °o ~a^ a^ as ~^a ^ o U d ~~- ^ owR ^ o=~ ^n ^ooa° ^oo° N ~ ^~°~8 °~N ~o~ N ^^°a ~ ~ P ^ ~ o° °o ^ om ^ a N w zQW o Q h (a I w 0 < ax a a o u r : '' ~ w w ~ U Pi ~ ~ W ° a ~ ~ C4x~~x wwz~ ax3a `~ w ~. ou ,7 ~, F ~ 0 w Ma a 0 Q ~ f a a o w w ~~~~~ ~a^~~n 9<~~ori o ~~>°o ~~~~ 'ss~W w a d w ~ u 0 c a ~ ^ ~ ~ ? Z O -DLL- A1.1 SPE PLAN ~4µ Sootl S. Tumlpaea, AIA ~~Imm~mm~rocay, SLOWER LEVEL FLOOR PLAN -ORIGINAL 2.1 SCALE: 1/8"=1'-0" FLOOR AREA SUMMARY: LOWER LEVEL 1,B66SF. GARAGE 599 S.F. EHU GARAGE 291 S.F. SLOWER LEVEL FLOOR PLAN -PROPOSED 2.1 SCALE: 1!8"=1'-0" FLOOR AREA SUMMARY: LOWERLEVft 1,866S.F. GARAGE 587S.F. EHU GARAGE 326 S.F. 0 a I - - - _ _ _ _ d. ~// ~~ ~ I - 1_ ® canon I / ~ iii I1---J ~J -----` ~- ~ y h ~ ~----- i -_ - ~ ~ i ~ ~~~m~ ~ s w,p- - - I _, / i~ \ ~ ^ 0 / / \ o I ~---- ~ AMAIN LEVEL FLOOR PLAN -ORIGINAL 2.1 SCALE: 11B"=I'-U' FLOOR AREA SUMMARY: MAIN LEVft 1,291 S.F. MAStER LEVEL 969 S.F. EHU 499 S.F. ~ - -- ~~ ~ \ / _~~ ~ "~.'~ ~I .l~N'~~ u ~.. ~ ~ ~L i ® '~. --- - - --~a-- I ~~,yu,,yy,,~ r -- &~ l~arsn~m I ~~~ ~ 9 ---L----~---~ :~{~ ~- i r ~ ~~ ~ ~ ~ ~ ~_ I -~- I ^ ^ ,,, -T _ ~ I I ~ ~ i 7. \ I AMAIN LEVEL FLOOR PLAN -PROPOSED 2.1 SCALE. I!8"=I'-0' f100R AREA SUMMARY: MAIN LEVEL 1,2915.F. MASFER LEVEL 969 S.F. EHU 837 S.F. Q Q ~ ~~a g°~_ ~~~~ ~~v~ W~ a~~o ,~ O a ~.2ry~ ~~~ ~ Bum « N N M N m O ~ y P (~ ~ 0 Q r .a }~~ °e o- U W U zQy o Woe a x a Q a, a ^o ~+ w ~' a w w < ~ ~ a ~ > W ~ e R r C45'~z ~z3o w F• 0 U x µ, F m O w e a e H ~ o w ~~~~~ 3p^~~~ addvritJ O ~~w-m°m ~~ ~55~° w e d w i Z e < a % O Z Z O U LL - A2.1 LOWER LEVEL fL00R PLAN .~ Scott 5. TumipseM, AIA oa~elmenmognuemq, Q Q .O c m ~' o m OpU 'C p m U N'S~~ Q. c'On ~~ 401 C 2 N c ~TMm~ c ._ m 7 °u~m 1 N r 0 ~1 O1 m m ° a a c ~' ~ U +~ a n a 0 U FRONT ELEVATION-ORIGINAL 3.1 ~atF tre^=r-a CLEFT ELEVATION-ORIGINAL 3.1 eau= ve^=r-a W U '~ q w o a N o WoQ < x x a A a o u ~a r-I w ~' o W w t V C ~ ~ W ~ < w ~ C~z~oz wz ~x3o w F C U 7 y, F ~ 0 w r] en < V' ~ ~ a ra _o w w 3 FRONT ELEVATION -PROPOSED 3.1 ~a~ ve^=r-a a LEFT ELEVATION -PROPOSED 3.1 ~AIE 118"=1'-0" ~~o~~ (N(yy N pNp 1Nryy N W N W f~ ry N Q P m b n N ~~~ ~ ~~~~~ ~~~tV~ J J ~ N i Z ~ Z 0 _ U ~ A3.1 FRONT & lff(BEVAlI0N5 C______________________i____J_-__L__-_.J 'r-- __ ________________________ _ I----- _ L---_1_ T--~ >_.. __-_ ~k'. Swtl S. iumipseed AIA waunlmwm~lw'am~ Q Q ,~ c ~ o v ~ ai C~ U N'6~~ ~. ~ " Q 4 ~ m C 2 n ro L ~ ~ C 0 ~ M 7 u m 1 -N r 0 ~, ~ ~ ~ e a e L 4 ~' ~ U ++ a m v 0 U ARIGHT ELEVATION-ORIGINAL 3. 9;AIP va'= ra' s RIGHT ELEVATION -PROPOSED 3. ~AtE ve•=r-p REAR ELEVATION-ORIGINAL a REAR ELEVATION -PROPOSED ..~ w U zaW o G y Q W 0 a S a Q 0. 0 ~ ~ ~, J W W < 0 G7 a a ~ W ~ < ~ >: ,,/ ~ ~ 0 F w ~ W X a ~, s 30 ~ F 0 U a y, F ~ 0 w m e a CeF e a"° W w ~~~~~ N N N {Ny N ry N ~ t~~i N N Q O D N f` N ~~~ ~ ~~~m~ ~~~t~ ~zaQ~° ~o~¢ o v 6J A3.2 AFARB PoGNT HP/A710NS i =___-~ 2006 ELECTION CALENDAR November 7, 2006 Coordinated Election Calendar with Eagle County Please note that this is an even numbered year election for Tabor issues Eagle County will be having an at-the-polls election this year at.Donovan Pavilion. Dates Ea le Coun Coordinated Election July 28, 2006 (Fri) Last day to notify County of participation in Eagle County Election (100 days prior) 1-7-116(5) and 1-1-106-(4) August 1, 2006 (Tues) Latest date fora 13 reading to approve ballot. issues to be .placed on coordinated election ballot. August 7 (Mon) Last day to file an initiative petition with the Sec of State for 2003 Gen. Election (3 months) (1-40-108) August 8 (Tues) PRIMARY ELECTION (POLLS OPEN 7a-7p) 1-4-101(1) August 9 (Wed) Last Day to establish polling places for the GENERAL election (Donovan Pavilion) 90 days before 1-5-102.5 . SOS Rule 7.3 August 15, 2006 (Tues) Latest date fora 2" reading to approve ballot issues to be placed on coordinated election ballot Aug 29 (Tues) IGA to be signed by County Clerks and Municipal Clerks/Political Subdivisions (no later than 70 days before election) 1-7-116(2) Sept 22 (Fri) Last day to file PRO/CON Statements pertaining to local ballot issues with the DEO (designated election official) in order to be included in the issue mailing (Friday before the 45th day before . the election). 1-7-901(4); Article X, Sec. 20(3)(b)(v) Oct 6 (Fri) Last day to mail notice of election ballot issues (at least 30 days before ballot issue election) TABOR NOTICE Art. X Sec. 20 (3)(b); 1-1-106(5) Oct 6 (Fri) Ballots for the General Election must be printed and in possession of the DEO (not less than 32 days before every General Election (1-5-403 (1). Oct 10 (Tues) Last Day to Register to Vote for the General Election (no later than 29 days before the general election) 1-2-201(3) Oct 23 (Mon) 'Early Voting begins at early voters' polling place for the General Election (15 days before the election) 1-8-202 Early Voting will be at the Town of Vail Administration Conference Room beginning October 23 -November 3 - Mon-Fri; 8a - 5 Oct 26 (Thur) Last day to post polling place signs for the General Election (at least 12 days before the election) 1-5-106 Oct 27 (Fri) Las day for County Clerks to give notice of General Election (at least 10 days before the election) 1-5-205(1);1-1-106(5) Oct 27 (Fri) Last day to apply for Absentee Ballot for the General Election if mailed (11th day preceding the election) 1-8-104(3) November 7 (Tues) ELECTION DAY - 7a-7p at Donovan Pavilion MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: April 18, 2006 SUBJECT: Ordinance 13, Series of 2006: Moratorium on new planning applications in the Lionshead Mixed Use 1 and 2 Zone Districts which consider a net loss in accommodation units, employee housing units, and/or parking. Staff: Russ Forrest and Matt Mire I. PURPOSE Upon review of the Lionshead Mixed Use 1 (LMU 1) and 2 (LMU 2) Zone Districts, staff has concluded that it is possible for an existing hotel to be demolished and redeveloped as a condominium project or other use consistent with the Lionshead Mixed Use 1 and 2 zoning. This could result in the net loss of hotel rooms which is counter to the general policy of the Town and the Lionshead Redevelopment Master Plan which encourages the creation of "live rooms" or hotel rooms. Furthermore, the Lionshead Redevelopment Master Plan does stipulate that there shall be no net loss of parking spaces and employee housing units (EHUs). However, this is not codified and staff feels that this policy should be incorporated into Title 12 to ensure clarity and enforcement of this policy. On May 8, 2006, a hearing is scheduled with the Planning and Environmental Commission to consider amendments to the Lionshead Mixed Use 1 and 2 Zone Districts and the Lionshead Redevelopment Master Plan. Upon a recommendation from the Planning and Environmental Commission, an ordinance and resolution will . be forwarded to the Vail Town Council to make the appropriate changes to Title 12 of the Vail Town Code and the Lionshead Redevelopment Master Plan. The purpose of this emergency ordinance is to prevent application, while zoning amendments are pending, for any development project in the Lionshead Mixed Use 1 or 2 Zone Districts which would propose a net loss in hotel rooms, parking, or employee housing units within 60 days of the approval of Ordinance 13, Series of 2006. An application was made on April 5, 200, by the Town of Vail to amend the Lionshead Mixed Use 1 and 2 Zone Districts and the Lionshead Redevelopment Master Plan. Attachment A identifies the Lionshead Mixed Use 1 and 2 Zone Districts affected by Ordinance 13, Series of 2006. II. BACKGROUND A. Current Policy On Hotel Conversions: Town Staff has concluded that there are several properties in the Lionshead Mixed Use 1 and 2 Zone Districts which currently have hotel rooms or accommodation units (A.U.s) which, if the property was demolished and redeveloped, could legally redevelop as another use consistent with the permitted and conditional uses in the Lionshead Mixed Use Zone Districts (See Attachment B). Section 13-7-7 of the Vail Town Code's Subdivision Regulations does prohibit the conversion of accommodation units and states: 73-7-7 (Subdivision Regulations): CONDOMINIUM CONVERSION OF LODGE OR ACCOMMODATION UNITS: A. No New Conversions Allowed; Exception:. There shall not be permitted any conversion of a lodge or accommodation unit within the town to a condominium, except as provided for the provision of employee housing units. Employee housing units created pursuant to . this chapter are subject fo the definitions, requirements and provisions of. title 72, chapters 73 and 76 of Phis code, as amended. Staff has interpreted Section 13-7-7 as a regulation that would prevent the conversion of existing hotel rooms. However, it would not be applicable to a project involving the demolition of an existing hotel. The Marriott Hotel, Best Western Hotel currently referred to as the Lionshead Inn Annex, and the L'Ostello property are located in LMU 1 and together consist of approximately 432 accommodation units. There are approximately 1400 hotel rooms in all of Vail. It is also important to consider the objectives of the Lionshead Redevelopment Master Plan. The Lionshead Redevelopment Master Plan's objectives includes a specific reference to encouraging live beds (see *). The specific objectives of the Plan include: Lionshead Redevelopment Master Plan Objectives 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 fhe 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. 2 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 sysfems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and ifs public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expecfations 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 adequafe capital maybe raised from all possible sources fo fund desired private and public improvements. The purpose statement of the Lionshead Mixed Use 1 Zone District was written to achieve the above mentioned objectives and states: Lionshead Mixed Use 1 District Purpose: 12-7H-1: "The Lionshead Mixed Use 1 District is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling ~ units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 1 District, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequafe light; air, open space and other amenities appropriate fo the permitted types of buildings and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards. This District is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specit<cally developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public off-site improvements adjacent to redevelopment projects. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and .similar improvements. " Staff believes it is consistent with the purpose statement in Section 12-7H-1 and the objectives of the Lionshead Redevelopment Master Plan to ensure that there is not a net loss of accommodation units in Lionshead. The Lionshead Redevelopment Master Plan and its associated zoning, incents accommodation units by not including them in density or floor area accommodation. By the same token, it would appear inconsistent with that policy direction to allow the demolition and redevelopment of a property if it resulted in a net loss of accommodation units. B. Parking and Employee Housing With regard to "no net loss" of parking and employee housing units, the Lionshead Redevelopment Master Plan does stipulate that this should not occur (see attachment C). However, staff believes it would strengthen the Town's legal position if this was incorporated into Title 12 of the Vail Town Code. III. POTENTIAL CONSIDERATIONS: The purpose of the Lionshead Redevelopment Master Plan is to encourage redevelopment that meets the objectives of the Lionshead Redevelopment .Master Plan as mentioned above. A moratorium is intended to clarify these objectives and is in no way intended to change the objectives or the intent of the Master Plan. Given that a moratorium should not be taken lightly, the following considerations should be highlighted: Potential development projects which have not been submitted to the Town of Vail may be impacted and delayed because of this clarification of policy and 60 day moratorium. Potential developers may have depended on the current zoning language in Lionshead Mixed Use 1 and 2 Zone District in both the purchase and design of potential development projects which could be affected by Ordinance 13, Series of 2006. These proposals may result in the net reduction in accommodation units. However,. through hotel-like amenities (front desk, pool, food service etc.) projects may provide lodging to guests through active rental programs. Lodging properties that provide lodging amenities and have active rental programs can have the same sales tax performance as hotel properties. However, there can be no guarantee that there will be an active rental program unless the property is listed as a security under Federal Law. A moratorium may have the unintended result of signaling a policy change .regarding development and may diminish interest in private investment in the Town of Vail. • Without a moratorium, the Town may see an immediate loss in accommodation units while it is considering amendments to Lionshead Mixed Use 1 and 2 District. V. ACTION REQUESTED OF COUNCIL Staff recommends approval of Ordinance 13, Series of 2006 (Attachment D) and that an application be considered by the Planning and Environmental Commission on May 8th which would amend the Lionshead Mixed Use Zone Districts 1 and 2 along with amending the Lionshead Redevelopment Master Plan. If the Town Council chooses to approve Ordinance 13, Series of 2006, staff recommends the following findings: • The preservation of a healthy and viable commercial climate in Lionshead is vital to the economic and social welfare of the Town; and • The retention of, and increase in, the number of hotel rooms, parking spaces and employee housing units in Lionshead is vital to the preservation of a healthy and viable commercial climate in Lionshead; and • The Town Council is considering amendments to the Lionshead Mixed Use 1, Lionshead Mixed Use 2 .Zone Districts and the Lionshead Master Redevelopment. Plan which would address the retention of hotel rooms, parking spaces and employee housing units in Lionshead; and ' • Any building permits and land use applications which are approved in the Lionshead Mixed Use 1 and Lionshead Mixed Use 2 Zone Districts during the pendency of the Town Council's consideration of amendments to the Lionshead Mixed Use 1, Lionshead Mixed Use 2 Zone Districts, and amendment to the Lionshead Redevelopment Master Plan have the potential to endanger the commercial climate in Lionshead, as they may reduce the number of hotel rooms, parking spaces and employee housing units in existence and available. V. NEXT STEPS If the Town Council chooses to approve Ordinance 13, Series of 2006 the following next steps would occur: A) On May 8, 2006, at the Planning and Environmental Commission meeting the Commission will consider amendments to the Lionshead Redevelopment Master Plan and the Lionshead Mixed Use 1 and 2 Zone Districts and forward a recommendation to the Vail Town Council. B) On May 16, 2006, the Vail Town Council would consider the first reading of an ordinance amending the Lionshead Mixed Use 1 and 2 Zone Districts and a resolution amending the Lionshead Redevelopment Master Plan. C) On June 6, 2006, the Vail Town Council would consider the second reading of an ordinance amending, the Lionshead Mixed Use 1 and 2 Zone District. D) On June 17, 2006, the proposed moratorium would be terminated. VI. ATTACHMENTS Attachment A: Attachment B: Attachment C: Attachment D: Lionshead Mixed Use 1 and 2 Districts Map Lionshead Mixed. Use 1 and 2 Zone District Excerpts Lionshead Redevelopment Master Plan Excerpts Ordinance 13, Series of 2006 6 Attachment B 12-7H-1 CHAPTER 7 .COMMERCIAL AND BUSINESS DISTRICTS ARTICLE H. LIONSHEAD MIXED USE 1 (LMU-1) DISTRICT SECTION: 12-7H- 1: Purpose 12-7H- 2: Permitted. And Conditional Uses; Basement Or Garden .Level 12-7H- 3: Permitted And Conditional Uses; First Floor Or Street Level 12-7H- '4: Permitted And Conditional Uses; Second Floor And Above . 12-7H- _5: Conditional Uses; Generally (On All Levels Of A Building Or .Outside.Of A Building) 12-7H- 6: Accessory Uses 12-7H- 7: Exterior Alterations Or Modifications -.- 12-7H- 8; Compliance Burden 12-7H- 9: Lot Area And Site Dimensions 12-7H-10: Setbacks 12-7H-11: Height And Bulk 12-7H-12: Density (Dwelling Units Per Acre) 12-7H-13: Gross Residential Floor Area (GRFA) 12=7H-14: Site Coverage 12-7H-15: Landscaping And Site Development 12-7H-16: Parking And Loading 12-7H-17: Location Of Business Activity 12-7H-18: Mitigation Of Development .,~ Impacts 12-7H-1: .PURPOSE: The Lionshead mixed use. 1 district is intended to pro- vide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, 12-7H-1 . restaurants, offices, skier services, and commercial establishments in a clustered; unified development. Lionshead mixed use 1 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the district by establishing appropriate site development standards. This district is meant to encour- age and provide incentives for redevelop- ment in accordance with the Lionshead redevelopment master plan. This zone district was specifically devel- oped to provide incentives for properties to redevelop. The ultimate goal of these incen- tives is to .create an economically vibrant lodging, housing, and commercial .core area. The incentives in this zone district include increases in allowable gross resi- dential floor area, building height; and den- sity over the previously established zoning in the Lionshead redevelopment master plan study area. The primary goal. of the incentives is to create economic conditions •favorable to inducing private redevelopment consistent with the Lionshead redevelop- ment master plan. Additionally, the incen- tives are created to help finance public off site improvements adjacent to redevelop- ment projects. With any development/rede- velopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, October 2005 Town of Vail 12-7H-1 roadway improvements, and similar im- provements. (Ord. 3(1999) § 1) 12-7H-2: PERMITTED AND CONDI- TIONAL USES; BASEMENT OR GARDEN LEVEL: A. Definition: The "basement" or "garden level" shall be defined as that floor of a building that is entirely or substan- tially below grade. B. Permitted Uses: The following uses shall be permitted in • basement or garden levels within a structure: Banks and financial institutions. . Commercial ski storage. • Eating and drinking establishments. Personal services and repair shops.- Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school, skier ser- vices, and daycare. Travel agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7H-3 C. Conditional Uses: The following uses shall be permitted in basement or garden levels within a structure, sub- . ject to issuance of a conditional use permit in accordance with the provi- signs of chapter 16 of this title: Conference facilities and meeting rooms. Liquor stores. Lodges and accommodation units.. Major arcade. Multiple-family residential .dwelling units, timeshare units, fractional fee clubs, .lodge dwelling units, and em- ployee housing units (type III (EHU) as provided in chapter 13 of this title). Radio, TV stores, and repair shops. Theaters. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. (Ord. 6(2000). § 2: Ord. 3(1999) § 1) 12-7H-3: PERMITTED AND CONDI- TIONAL USES; FIRST FLOOR OR STREET LEVEL: . A. Definition: The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level along a pedestrianway. B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: % . ~, ~. October 2005 Town of Vail 12-7H-3 Banks, with walk-up teller facilities. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. 12-7H-4 Temporary business offices. _ _ Additional uses determined to be similar to -conditional uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. (Ord. 26(2004) §§ 1, 2': .Ord. 6(2000) § 2: Ord. 3(1999) § 1) Skier ticketing, ski school, skier ser- vices, and daycare. Travel agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7H-4: PERMITTED AND CONDI- TIONAL USES; SECOND FLOOR AND ABOVE: A. Permitted Uses; Exception: The fol- lowing uses shall be. permitted . on those floors above the first floor within a structure: C. .Conditional Uses: .The following uses shall be permitted on the first. floor or street level floor within a structure, subject to issuance of a .conditional use permit in accordance with the. (::..., :: provisions of chapter 16 of this title: .Barbershops, beauty shops and beau- ty parlors. Conference facilities and meeting rooms. Lodges and accommodation units Multiple-family residential dwelling units, timeshare units, fractional ;fee clubs, lodge dwelling units, ..and em- ployee housing units (type III (EHU) as provided in chapter 13 of this title). • Additional uses determined to be similar to permitted uses described in thin subsection,. in accordance with the provisions of section 1.2-3-4 of this title. ,Financial institutions, other than banks. B. Conditional Uses: The following uses shall be permitted on second floors .Liquor stores. and higher above grade, subject to the issuance of a conditional use permit in Lodges and accommodation units. accordance with the provisions of chapter 16 of this title: Multiple-family residential dwelling units, timeshare units, fractional fee Banks and financial institutions. clubs, lodge dwelling units, and em- ployee housing units (type III (EHU) • Conference facilities and meeting as provided in chapter 13 of this title). rooms. Radio, TV stores, and repair shops. Eating and drinking establishments. 1. Ordinance 26, series of 2004, shall become null and void on December 31, 2008, and temporary business offices shall cease to be a conditional use in the Lionshead mixed use 1 zone district on December 31, 2008. October 2005 Town of Vail 12-7H-4 Liquor stores. Personal services and repair shops. Professional offices, business offices and studios. Radio, TV stores, and repair shops. Recreation facilities. Retail establishments. Skier ticketing, ski school, skier ser- vices, and daycare. . Theaters. Timeshare units and fractional fee clubs. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. (Ord. 6(2000) § 2: Ord. 3(1999) § 1) 12-7H-5: CONDITIONAL USES; GENER- ALLY (ON ALL LEVELS OF A BUILDING OR OUTSIDE OF A BUILD- ING): The following conditional uses shall be permitted, subject to issuance of a con- ditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfast as further regulated by section 12-14-18 of this title. Brew pubs. Coin .operated laundries. Commercial storage. 12-7H-6 Private. outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Public park and recreation facilities. Public utility and public service uses. Single-family residential dwellings. Ski lifts and tows. . Television stations. Two-family residential dwellings. Additional uses determined to be similar to conditional uses described in this section, in accordance with the provisions of section 12-3-4 of this title. (Ord. 36(2,003) § 1: Ord. 3(1999)§ 1) 12-7H-6: ACCESSORY USES: The follow- ing accessory uses .shall be .permitted in the Lionshead mixed use 1 district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Loading and delivery and parking facilities customarily incidental and accessory to permitted and conditional uses. Minor arcade. Offices, lobbies, laundry, and .other facilities customarily incidental and accessory to hotels, lodges, and multiple-family uses. October 2005 Town of Vail 12-7H-6 ~_: . . Outdoor dining areas operated in conjuric- tion with permitted .eating and drinking es- tablishments. Swimming pools, tennis courts, patios or other recreation facilities customarily inci- dental to permitted residential or lodge uses. Other uses customarily incidental and ac- cessory to permitted or conditional uses, and necessary for the operation thereof. ~1:::~r. (Ord. 3(1999) § 1) 12-7H-7: EXTERIOR ALTERATIONS OR ].MODIFICATIONS: A. Review Required: The construction of a new building. or the alteration of an existing building that is not a .major exterior alteratioh as described .in subsection B of this section shall be --: reviewed by the design review board (~~~: ~ ~ in accordance with chapter 11 of this title. 1. Submittal Items Required: The submittal items required for .a project that is not a major exterior alteration shall be provided in accordance with section 12-11-4 of this title. B. Major Exterior Alteration: The con= struction of a new building or the alter- ation of an existing building which adds additional dwelling units, accom- mc~dation units, .fractional fee club units, timeshare units, ,any project .which adds more than one thousand (1,,000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the admin- istrator) shall be reviewed by the plan- ning and environmental commission Town of Vail 12-7H-7 as a major, exterior alteration in accor= dance with this chapter and section 12-3-6 of this title. Any .project which requires a conditional use permit shall also obtain approval of the planning and environmental commission in accordance with chapter 16 of this title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the depart- ment of community development for planning and environmental • commis- sion and design review board review. 1. Submittal Items Required, Major Exterior Alteration: The following sub- mittal items are required: a. Application: An application shall be made by the owner of the building or .the building owner's authorized agent or representative ~ on a form provided by ,the administrator. Any application for condominiumized build- . ings shall be authorized by the condo- minium association in conformity with all pertinent requirements of the con- dominium association's declarations. b. Application; Contents: The ad- ministrator shall establish the submit- tal requirements for an exterior alter- ation or modification application. A complete list of the submittal require- ments shall _ be maintained by the administrator and filed in the depart- ment of community development. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrated by the appli- cant that the information and materials required are not relevant to the pro- posed development or applicable to the planting documents that comprise • February 2004 12-7H-7 the Vail comprehensive plan. The administrator and/or the reviewing .body may require the submission of additional plans, drawings, specifiea- tions, samples and other materials if .deemed necessary to properly evalu- ate the proposal. C. Work Sessions/Con.ceptual .Review: If requested by either the applicant or the administrator, submittals may proceed to a work session with the planning and environmental commis- sion, a conceptual, review with the design review board, or a .work ses- sion with the town council. D. Hearing: The public hearing before the planning and environmental commis- sion shall be held in accordance with section 12-3-6 of .this title. The plan- ning and environmental commission may approve the application as sub- mitted, approve the application with .conditions or modifications, or deny the application. The decision of the planning and environmental commis- sion may be appealed to .the town council in accordance with section 12-3-3 of this title. E. Lapse Of Approval: Approval of an exterior alteration as prescribed by ..this article shall lapse and become void two (2) years following the date of approval by the design review board unless, prior to the expiration, a building permit is issued and construc- tion is commenced and diligently pur- sued to completion. Administrative extensions shall be :allowed for rea- sonable and unexpected delays as long as code provisions affecting the proposal have not changed: (Ord. 5(2003) § 11: Ord. 8(2001) § 2: Ord. 3(1999) § 1) ~ -. 12-7H-11 12-7H-8: COMPLIANCE BURDEN: It shall be the burden of the appli- cant to .prove by a preponderance of the evidence before the planning and environ- mental commission and the design review board that the proposed exterior alteration or new development is in compliance with the purposes of the Lionshead.' mixed use 1 district, that the proposal is consistent with applicable elements of the Lionshead rede- velopment master plan and that the propos- al does not otherwise have a significant negative effect on the character of the `< neighborhood, and that the .proposal sub- stantially complies with other applicable elements of the Vail comprehensive plan. (Ord. 3(1999) § 1) 12-7H-9: LOT AREA AND. SITE DIMEN- SIONS: The minimum lot or site area shall be ten thousand (10,000.) square feet of buildable area. (Ord. 3(1999) § 1) {: 12-7H-10: SETBACKS: The minimum build- ing setbacks shall be ten feet (10') unless otherwise specified in the Lionshead redevelopment master plan as a build to line. (Ord. 3(1999) § 1) 12-7H-11: HEIGHT AND BULK: Buildings shall have a maximum average building height of .seventy one feet (71') with a maximum height of 82.5 feet, as further defined by the Lionshead redevelop- _ ment master. plan. All development shall ~~ comply .with the design guidelines and stan- dards found in the Lionshead redevelop- ment master plan. Flexibility with the stan- dard, as incorporated in the Lionshead redevelopment master plan, shall be afford- ed to redevelopment projects .which meet the intent of design guidelines, as reviewed February 2004 Town of Vail -~-. . r~ ~ ~~: 12-7F1-11 and approved by the design review board. (Ord. 3(1999) § 1) 12-7H-12: DENSITY (DWELLING I7NITS . PER ACRE): Up to a thirty three percent (33%) increase over the existing number of dwelling units on a property or thirty five (35) dwelling units per acre, whichever is greater shall be allowed. For the purpose of calculating density, employ- ee housing units, accommodation units, timeshare units, and fractional fee club units shall not be counted as dwelling units. Additionally, a "lodge dwelling .unit", .as defined herein, shall be courited as twenty five percent (25%) of a dwelling unit for ttie purpose of calculating density. A dwelling unit in amultiple-family .building may include one attached accommodation .unit no larger than one-third ('/3) of the total floor area of the dwelling. (Ord. 31(2001) § 5: Ord. 3(1999) § 1) 12-7H-13: GROSS RESIDENTIAL FLOOR AREA (GRFA): Up to two hun- dred .fifty (250) square feet of gross resi- dential floor area shall be allowed for each one hundred (100) square feet of buildable site area, or an increase of thirty three percent (33%) over the existing GRFA found on the property, whichever is greater. Multiple-family dwelling units in this zone district shall not be entitled to .additional gross residential floor area under .section 12-15-5N "Additional Grass Residential Floor Area (250 Ordinance)", of this title. (Ord. 3(1999) § 1) 12-7H-14: SITE COVERAGE: Site cover- age shall riot exceed seventy percent (70%) of the total site area, unless 12-7H-18 . otherwise specified in the Lionshead rede- velopment master plan. (Ord. 3(1999) § 1) 12-7H-15:-LANDSCAPING AND SITE DE- VELOPMENT:. At least .twenty percent (20%) of the total site area shall be landscaped, unless otherwise specified in the Lionshead redevelopment master plan. (Ord. 3(1999) § 1) 12-7H-16: PARKING AND LOADING: Off street parking and loading shall be .provided in accordance with chapter 10 of this title. At least one-half ('/z) the re- quired parking shall be located within the main building or buildings. (Ord. 3(1999) § 1) 12-7H-17: LOCATION OF BUSINESS AC- TIVITY: A. Limitations; Exception: All offices, businesses arid services permitted by zone district, shall be operated and conducted entirely within a building, except for permitted unenclosed park- ing or loading areas, the outdoor dis- play of goods, or outdoor restaurant seating. B. Outdoor Displays: The .area to be used for outdoor display must be located directly in front of the estab- lishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entranc- es and exits, driveways and streets shall not be obstructed by outdoor display. (Ord. 3(1999) § 1) 12-7H-18: MITIGATION OF DEVELOP- MENT I1VIP.~CTS: Property own- Town of Yai1 February 2004 12-7H-18 ers/developers shall also. be responsible for mitigating direct .impacts of ~ their develop- ment on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Im- pacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced. with the goals of redevelopment. and. will be deter- . mined by the planning and environmental commission in review of development pro- jects and conditional use permits. Mitigation of impacts may include, but is not limited _ to, the following: roadway improvements, pedestrian walkway improvements, street- . scape improvements, stream tract/bank . improvements, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. (Ord. 3(1999) § 1) February 2004 Town of Vail /f--~. ~: 12-71-1 CHAPTER 7 COMMERCIAL AND BUSINESS DISTRICTS ARTICLE I. LI~NSHEAD MIXED USE 2 (LMU-2) DISTRICT SECTION: 12-71- 1: Purpose 12-71- 2: Permitted And Conditional Uses; Basement Or Garden Level 12-71- 3: Permitted And Conditional Uses; First Floor Or Street Leve! 12-71- 4: Permitted And Conditional Uses; Second Floor.~And Above . 12-71- 5: Conditional Uses; Generally (On All Levels Of A Building Or Outside Of A Building) 12-71- 6: Accessory Uses 12-71- 7: Exterior Alterations Or Modifications 12=71- 8: Compliance Burden 12-71- 9: Lot Area And Site Dimensions 12-71-10: Setbacks 12-71-1'1: Height_And Sulk 12-7l-12: .Density (Dwelling Units Per Acre) 12-71-1.3: Gross Residential Floor Area (GRFA) 12-71-14: Site Coverage 12-71-15: Landscaping And Site Development 12-71-16: Parking And Loading 12-71-17: Location Of Business Activity 12-71-18: Mitigation Of.Development Impacts 12-71-1: PURPOSE: The Lionshead Mixed Use 2 District is intended to provide sites far a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, 12-71-1 restaurants, offices, skier services, light industrial activities, and commercial estab- lishments in a clustered, unified develop- ment. Lionshead Mixed Use 2 District, in accordance with the Lionshead Redevelop- ment Master Pian, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the District . by establishing appropriate site development standards. This District is meant to encour- age and provide incentives for redevelop- ment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specifically .devel- oped to provide incentives for properties to redevelop. The ultimate goal of these incen- tives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District . include increases in allowable gross resi- dential floor area, building. height, and den- sity over the previously established zoning in the Lionshead Redevelopment Master Plan study area. The primary goal of the . incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead Redevelop- ment Master Plan. Additionally, the incen- tives are created. to help finance public, off- site; improvements adjacent to redevelop- ment projects. Public .amenities which will be evaluated with redevelopment proposals taking advantage of the incentives created herein, may include: streetscape improve- ments, pedestrian/bicycle access, public June 2000 Town of Vail 12-71-1 plaza redevelopment, public art, roadway improvements, and similar improvements. (Ord. 3(1999) § 2) 12-7(-2: PER?YII.TTED AND CONDI- TIONAL USES; iBASElY1ENT OR GARDEN LEVEL: A. Definition: The "basement" or "garden' level" shall be defined as that floor of a buiiding that is entirely or. substan- tially below grade. 6. Permitted Uses: The following uses shall be permitted in basement or '• garden levels within a structure: Banks and financial institutions. Commercial ski storage. Eating and drinking establishments. Persorial services and repair shops. Professional offices, business. offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school, skier ,ser= vices, and daycare. Travel agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this_Title. C 12-71-3 Conditional Uses: The following uses shall be permitted in basement or garden levels within a structure, sub- ject to issuance of a conditional use permit in accordance with the provi- sioris of Chapter 16 of this .Title: Conference facilities and meeting rooms. Liquor stores. Lodges and accommodation units. Major arcade. Multiple-family residential dwelling units, time; share units, fraciiona! fee clubs, lodge dwelling units, and em- ployee housing units (Type III (EHU) as provided in Chapter 13 of this Ti- tde). Radio, TV stores, and repair shops. Theaters. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of Section 12-3-4 of this Title. (Ord. 6(2000) § 2: Ord. 3(1999) § 2j 12-71-3: .PERMITTED AND CONDI- TIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Definition: The "first floor" or "street level'' shall be defined as that floor of the building that is located at grade or street level along a pedestrianway. June 2000 Town of Vail 12-71-3 B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walkup teller facilities. Eating and drinking establishments: Recreation facilities. Retail stores and establishments. Skier ticketing, ski school, skier ser- vices, and daycare. Travel agencies. 12-71-4 ployee housing units (type III (EHU) as provided in chapter 13 of this title). Radio, TV stores, and repair shops. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. (Ord: 6(2000) § 2: Ord. 3(1999) § 2) 12-71-4: PERMITTED AND CONDI- TIONAL USES; SECOND FLOOR AND ABOVE: Additional uses determined to be A. Permitted Uses; Exception: The fol- similar to permitted uses described in lowing ,uses shall be permitted on this subsection, in accordance with those floors above the first floor within the provisions of section 12-3-4 of this a structure: title. Lodges and accommodation units. C. Conditional Uses: The following uses. ' shall be permitted on the first floor or Multiple-family residential dwelling street level floor within a structure, units, time share units, fractional fee subject, to issuance of a conditional clubs, lodge dwelling units, and em- use permit in accordance with the ployee housing units (type III (EHU) provisions of chapter 16 of this title: as .provided in chapter 13 of .this title). Barbershops, beauty shops and beau- Additional ,uses determined to be ty parlors. similar to permitted uses described in this subsection, in accordance with Conference facilities and meeting the. provisions of section 12-3-4 of this rooms. title. Financial institutions, .other than B. Conditional Uses: The following uses ~. ,banks. shall be permitted on second floors and higher above grade, subject to the Liquor stores. issuance of a conditional use permit in accordance with the provisions of Lodges and accommodation units. chapter 16 of this title: Multiple-family residential dwelling Banks and financial institutions. , • units, time share units, fractional fee clubs, lodge dwelling units, and em,- December 2001 Town of Vail 12-71-4 Conference facilities and .meeting rooms. . Eating and drinking establishments. Liquor stores. Personal services and repair shops. Professional offices, business offices and studios. Radio, TV stores, and repair shops. Recreation facilities. Retail establishments. Skier ticketing, ski school, skier ser- vices; and daycare.. Theaters. Time share units and fractional fee clubs. . Additional uses . determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. (.Ord. 6(2000) § 2: Ord. 3(1999) § 2) 12-71-5: CONDITIONAL USES; GENER- ALLY (ON ALL LEVELS OF A BUILDING OR OUTSIDE OF A BUILD- ING): The following conditional uses shall be permitted, subject. to issuance of a con- ditional~ use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfast as further regulated by section 12-14-18.of this title. Brew pubs. Child daycare center. 12-71-6 Coin operated laundries. Commercial storage. Gasoline and service stations. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Public park and recreation facilities. Public utility and public service. uses. Ski lifts and tows. Television stations. - Vehicle maintenance, service, repair, stor- age, and fueling. Warehousing. Additional uses determined to be similar to conditional uses described in this section, in accordance with the provisions of.section 12-3-4 of this title. (Ord. 17(2001) § 2: Ord. 3(1999) § 2) 12-71-6: ACCESSORY USES: The follow- . ing accessory uses shall be permitted in the Lionshead mixed use 2 district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Loading and delivery and parking facilities customarily incidental and accessory to permitted and conditional uses. I~ December 2001 Town of Vail 12-.71-6 Minor arcade. Offices, lobbies, laundry, and other facilities customarily incidental and accessory to hotels, lodges, and multiple-family uses. Outdoor dining areas operated in conjunc- tion with permitted eating and drinking es- tablishments. Swimming pools, tennis courts, patios or other recreation facilities .customarily inci- ~.!~'' dental to permitted residential or lodge uses. Other uses customarily incidental and ac- _ cessory to permitted or conditional uses, and. necessary for the operation thereof. (Ord. 3(1999) § 2) 12-71-7: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The construction of ~~::~. -- anew building or the alteration of an existing building shall be reviewed by the design review board in accordance with chapter 11 of this title. However, any project which adds additional dwelling units, accommodation units, fractional fee club units; timeshare units, any project which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any project which has sub- stantial off site impacts (as deter- mined by the administrator) .shall be reviewed by the planning and environ- mental commission as a major exteri- or alteration in accordance with this chapter and section 12-3-6 of this title. Any project which requires a condi- tional use permit shall also obtain approval of the planning and environ- mental commission in accordance with . B Town of Vail 12-71-7 chapter 16 of this title. Complete ap- plications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the department of community de- velopment for planning and environ- mental commission and design review board review. Submittal Items Required: The follow- ing submittal items are required: 1. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all perti- nent requirements of the condominium association's declarations. 2. Application; Contents: The adminis- trator shall establish the submittal requirements for an exterior alteration or modification application. A com- plete list of the submittal requirements shall be maintained by the administra- tor and filed i^ the department of com- munity development. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrat- ed by the applicant that the informa- tion and materials required are not relevant to the proposed development or applicable to the planning docu- ments that comprise the Vail compre- hensive plan. The administrator and/or the reviewing body may require the submission of additional plans, draw- ings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. February 2004 12-71-7 C. Work Sessions/Conceptual Review: If requested by either the applicant or the administrator, submittals may proceed to a work session with 'the planning and environmental commis- sion, a conceptual review with the design review board, or a work ses- sion with the town council. D. Hearing:- The public hearing before the planning and environmental commis- sion shall be held in accordance with section 12-3-6 of this title. The plan- Wing and .environmental commission may approve the application as sub- mitted, approve the application with conditions or modifications, or deny the application. 'The decision of the planning and environmental commis- ..sion may be appealed to the town council in accordance with section 12-3-3 of this title. E. Lapse Of Approval: Approval of an exterior alteration as prescribed by this article shall lapse and become -void two (2) years following the date of approval, by the design review board unless, prior to the expiration, a building permit is issued and construc- tion is commenced and diligently pur- sued to completion. Administrative extensions shall be allowed for rea- sonable and unexpected delays as Long as code provisions affecting the proposal have not changed. (Ord. 5(2003) § 12: Ord. 3(1999) § 2) 12-71-8:;; COMPLIANCE BURDEN: It shall be the burden of the appfi- cant to prove by a preponderance of the evidence before the planning and environ- mental commission and the design review board th-at the proposed exterior alteration or new development is. in compliance with 12-71-12 the purposes of the Lionshead mixed use 2 district, that the proposal is consistent with applicable elements of the Lionshead rede- velopment master plan and that the propos- al does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal sub- stantially complies .with other applicable elements of the Vail comprehensive plan. (Ord. 3(1999) § 2) 12-71-9: LOT AREA AND SITE DIMEN- SIONS: The minimum lot or site area shall be ten thousand (10,000) square feet of buildable area. (Ord. 3(1999) § 2) 12-71-10: SETBACKS: The minimum build- ing setbacks shall be ten feet (10') unless .otherwise .specified in the Lionshead redevelopment master plan as a build to line. (Ord. 3(1999) § 2) 12-71-11: .HEIGHT AND BULK: Buildings shall have a maximum average building height of seventy one feet (71') with a maximum .height of 82.5 feet, as further defined by the Lionshead redevelop- ment ,master plan. All development shall comply with the design guidelines and stan- dards found in the Lionshead redevelop- ment master plan. Flexibility with the stan- dard, as incorporated in the Lionshead redevelopment master plan, shall be afford- ed to redevelopment projects which meet the intent of design guidelines, as reviewed and approved by the design review board. (Ord. 3(1999) § 2) 12-71-12: DENSITY (DWELLING UNITS PER ACRE): Up to a thirty three percent (33%) increase over the existing number of dwelling units on a property or C~ ,~~< February 2004 Town of Vail 12-71-12 thirty five (35) dwelling units per acre, whichever is greater shall be allowed. For the purpose of calculating density, employ- ee housing units, accommodation units, timeshare units, and fractional fee club units shall not be counted as dwelling units. Additionally, a "lodge dwelling unit", as defined herein, shall be counted as twenty five percent (25%) of a dwelling unit for the purpose of calculating density. A dwelling unit in amultiple-family building may include one attached accommodation unit no larger than one-third ('/3) of the total floor area of the dwelling. (Ord. 31(2001) § 5: Ord. 3(1999) § 2) 12-71-13: GROSS RESIDENTIAL FLOOR AREA (GRFA): Up to two hun- dred fifty (250) square feet of gross resi- dential floor area shall be allowed for each one hundred (100) square feet of buildable site area, or an increase of thirty three percent (33%) over the existing GRFA found on the property, whichever is greater. Multiple-family dwelling units in this zone district shall not be entitled to additional gross residential floor area under section 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance)", of this title. (Ord. 3(1999) § 2) 12-71-14: SITE COVERAGE: Site cover- age shall not exceed seventy percent (70%) of the total site area, unless otherwise specified in the Lionshead rede- veloprr>;ent master plan. (Ord. 3(1999) § 2) 12-71-15: LANDSCAPING AND SITE DE- VELOPbIENT: At least twenty percent: (20%) of the total site area shall be landscaped, unless otherwise specified in 12-71-18 the Lionshead redevelopment master plan. (Ord. 3(1999) § 2) 12-71-16: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least one-half ('/Z) the re- quired parking shall be located within the main building or buildings. (Ord. 3(1999) § 2) 12-71-17: LOCATION OF BUSINESS AC- TIVITY: A. Limitations; Exception: All offices, businesses and services permitted by zone district, shall be operated and conducted entirely within a building, except for permitted unenclosed park- ing or loading areas, the outdoor dis- play of goods, or outdoor restaurant seating. B. Outdoor Displays: The area to be used for outdoor display must be located directly in front of the estab- lishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entranc- es and exits, driveways and. streets shall not be obstructed by outdoor display. (Ord. 3(1999) § 2) 12-71-18: MITIGATION OF DEVELOP- MENT IMPACTS: Property own- ers/developers shall also be responsible for mitigating direct impacts of their develop- ment on public infrastructure and in all . cases mitigation shall bear a reasonable relation to the development impacts. Im- pacts may be determined based on reports prepared by qualified consultants. The February 2004 Town of Vail 12-71-18 extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be deter- mined by the planning and environmental commission in review of development pro- jects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: roadway improvements, pedestrian walkway improvements, street- scape improvements, stream tract/bank improvements, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. (Ord. 3(1999) § 2) I.: ... February 2004 Town of Yai1 CHAPTER 2 INTRODUCTI~ Attachment C 2.3.3 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. 2.3.4 Improved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. 2.3.5 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. 2.3.6 Creative Financing for Enhanced Private Profits and Public Revenues I 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. ~ 2.4 Ground Rules for the Master Planning Process On November 4, 1996, the Town Council adopted the following ground rules for the master planning process in order to clarify the initial parameters and rules under which the master plan would be developed. 1. The master plan to be developed for all public and private lands in Lionshead will serve as the policy framework for all future decision-making on specific development and redevelopment proposals in Lionshead. The master plan will be based on the Lionshead Policy Objectives adopted by the Town Council to reflect the community's interests. Z. The Town of Vail will work collaboratively with Vail Resorts, Inc. on the master plan for Lionshead and will involve all other interested citizens, business owners and property owners in the master planning process. The master plan ultimately recommended may or may not reflect development approaches currently being explored by VRI. 3. Proprietary information of any private property owner or developer will remain private and confidential unless it becomes part of a public record. I"4~~~~tThere w~~11 be nonet loss to the~`~Va~l~scornmun~ty--`-bf e-tther.'locals'.•houstng!`or~pafkng`sp'aces' ~(publtc:and pri:vate) now existing to>Lionshead - LIONSHEAD REDEVELOPMENT MASTER PLAN PAGE 2-3 CHAPTER 3 EXISTING CONDITIONS ASSESSMENT 3.9.3 .Existing Parking Shortfall According to the Town of Vail Master Transportation Study, the Lionshead ''I '~ -. -.---.. parking structure is filled to capacity approximately 20 to 30 times during the ~;', i winter, or roughly 20 percent of the ski season. During these times of capacity ~ i usage (Christmas, President's Day, Martin Luther King holiday), overflow ~~ ~: parking occurs on the north side of the South Frontage Road. ~; '~~ is ~~ .. 3.9.4. Vail Associates Employee Parking Vail Associates currently utilizes two large surface parking lots within the study area for its employee parking needs. The north day lot (see figure 3-15), with a capacity of approximately 105 cars, is located behind the Landmark tower and is the site proposed for a transportation center. The west day lot, located just west of the Marriott parking structure, has an approximate capacity of 160 cars and represents a significant development opportunity. Parking displaced:by ,r~'".~.~, redevelopment. of these-sites must be replaced within the Lionshead study. area to,:: l~ . sati fy the ground rule requiring no net loss of parking: 3.10 Visual Assessment The poor visual quality of the built environment and the lack of visual connection with. the natural environment are among the biggest concerns in Lionshead. With as many skiers accessing the mountain through Lionshead as through Vail Village, it is extremely '; important that the visual quality of Lionshead reflect the premier winter resort image desired by the Town of Vail. ~~ 3.10.1 Architecture ~ ' Architectural issues in Lionshead generally fall into two broad categories: form ~~ I;! (massing, height, rooflines) and materials (surface treatments, detailing, visua ~'I ; interest). Many Lionshead buildings are dated, in disrepair, unattractive, and not !I' in compliance with current codes. The visual quality of some subsidiary ~~ !~ structures, such. as the existing skier bridge, is equally inconsistent with t e ,i desired image of a portal as important as Lionshead (see figure 3-16). ,, ~~ j 3.10.1.1 Form Most of the buildings in Lionshead have flat roofs and walls that extend from ground to parapet with little or no horizontal movement in l' ~ the building facade (see figure 3-17). Many have unbroken rooflines ~ '; ~ the entire length of the building and architectural forms more ~ reminiscent of warehouses than alpine lodges. The frequent use of vertically exposed pre-cast concrete elements reinforces the perception of many structures as overscaled and monolithic. 3.10.1.2 Detail and Ornamentation Another visual problem with the architecture in Lionshead is the lack of detail and the prevalence of large, unbroken building faces PAGE 3-26 LIONSHEAD REDEVELOPMENT MASTER PLAN r.:, :,~ `%= , d. Parking should be visually ificonspicceous..Parking should be structured below ground -- whenever possible. Surface parking areas should be heavily screened with landscaping, berms, and walls. Expanses of asphalt should be interrupted with islands of landscaping or replaced with pedestrian quality paving materials. Surface parking areas should be avoided in or near the retail pedestrian core area. Although structured parking may be more desirable visually, it must be properly designed so as noC to detract from the guest's arrival experience. e. Parking requirements should not constitute an unnecessan- disincentive to redevelopment. A thorough review of the current parking pay-in-lieu code and parking ratio requirements is recommended. Given the above discussions it is important that parking requirements accurately meet the true parking demand of new development and redevelopment. For example, a stated goal of the masterplan is to encourage, facilitate, and provide incentives for the expansion of ground level retail in Lionshead. While this expanded retail will likely represent some level of incremental increase to public parking demand in Lionshead. this demand needs to be accurately understood so the parking pay-in-lieu fee does not make the retail expansion . economically unfeasible. CHAPTER 4 MASTER PLAN RECOMMENDATIONS -OVERALL STUDY AREA The following recommendations for parking deal with existing parking that may be ~,. displaced by development, private residential/lodging parking, public parking supply and . demand, and parking for locals/ employee housing. i s . . 4.8.1 Potential Displacement of Existing Parking S~ TheHground4ru,les for,the Lion`shead}mas[er.plan''mandate no~net loss of.packing~'as~' 3~ ~' ,aJresult of~redewelopment Properties potentially affected by this policy include: ~;:. "~'~ ~_ 4.8.1.1 .North Day Lot '~` ~~ The north da lot owned by Vail Associates) has approximatel Y 105 y parking spaces, all utilize by Vail Associates employees. Parking on this site serves mountain workers, Vail Associates office personnel, ~~~ 4.f and employees visiting from the company headquarters. in Avon. Because much of the current Vail Associates office space in Lionshead ;~' ~.~,. ~ will be relocated when the site is redeveloped, .parking demand on the Y,, ~: ~: ' north da 1 y of may also decrease. To facilitate develo ment of the site P ,; - ;~ -: . :~ as a public transit center, it may be desirable to relax the parking „ ~.. ~ requirement if it can be demonstrated that future demand will decrease. F~nn ~C J~ h$: `~~'~' ~' 4.8.1.2 West Day Lot r . ;.a - _. _ The west day lot is also owned by Vail. Associates and i,s utilized primarily by mountain based Vail Associates employees. This site offers the possibility of ahigher-return development opportunity that may make other less profitable west end developments feasible, and its existing use for parking is virtually certain to change. It is not LIONSHEAD REDEVELOPMENT MASTER PLAN PAGE 4-35 a i a i' . . ,. ;,,I„ ; -~ ~I; .I ~I ' ,~~ R PLAN RECOMMENDATIONS :OVERALL STUDY AREA CHAPTER 4 MASTS Town of Vail and Vail Associates. Although housing could be ` '~ constructed on top of a parking structure, abelow-grade facility would significantly increase construction costs and bring up several important timing issues. • Cost. • T'iniing - The`Lionshead masterplan °ground rules stipulate that ~~` there will. be no net loss of existing.employee housing .through redevelo ment: `Redevelopment of the core site by Vail Associates P means that the existing employee housing in the Sunbird Lodge will have to be replaced, most likely on the existing Vail Associates service yard or Holy Cross site. This scenario puts a , west Lionshead employee housing project at or near the top of the _ Lionshead redevelopment timeline. Depending on the size requirements of a new west Lionshead parking structure, it is possible that the realignment of the frontage road a~zd the construction of the parking facility would both have to occur prior to the construction of the housing project. If the employee housing project occurs first, which is more probable, the opportunity fora west end parking structure could be lost, as the remaining available land may be too small for a structure of significant size. The second timing issue is the potential I-70 interchange at this location. Planning decisions regarding a future parking structure, housing, or an I-70 interchange will have to be made at the same time, or important opportunities may be lost. • Convenience. This location for a major parking structure must have regular transit or shuttle service because of its distance from the retail core area and the ski yard (greater than a 1200-foot walking radius). PAGE4-38 LIONSHEAD REDEVELOPMENT MASTER PLAN _.. . CHAPTER 4 MASTER PLAN RECOMMENDATIONS -OVERALL STUDY AREA 4.8.4 Parking for Employee Housing The unit-to-parking space ratio for employee housing should be reduced to maximize the housing opportunities in west Lionshead. During the master planning process, the Vail Town Council toured several employee housing complexes in Keystone Resort that averaged .25 cars per bed (one parking space per four-bed unit). Most of these complexes at Keystone are removed from the core and depend on a bus transit system to carry employees to and from work. Yet, Keystone property managers have not observed a parking shortage. Likewise, at the Rivers Edge employee housing project in Avon, a parking ratio of .75 cars per bed has been more than adequate and the parking lot is underutilized. 4.9 Housing Recent community surveys and grass-roots planning efforts such as Vai] Tomorrow have identified the lack of locals housing as the most critical issue facing the Vail community. Early in the Lionshead master planning process, west Lionshead was identified as an opportunity area to implement some of the community's housing goals, particularly relating to employee housing. These opportunities and associated issues are outlined ' below. ' 4.9.1 No Net Loss of Employee Housing ,Ground rule number five of the master plan states that there shall be no net loss of~ employee housing in Lionshead as redevelopment occurs. ,. 3 4.9.2 Visual Issues - [~ The financial realities of affordable housing often require cost reducing measures, generally involving the quality of detailing, planning, and architectural design. Given the strong desire to make these housing projects feasible, it is ~~ recommended that some latitude be granted to affordable housing developers. :A=. ~;: However, it is also important that financial realities not be used as an excuse to - produce unsightly, poorly designed, substandard products. Employee housing `~ = does not need to match the architectural sophistication of a five star resort 'a development, but it does need to be good quality construction and design. Rivers ' ~ "~`' Edge in Avon is a good example of an attractive yet affordable employee housing ''~. project.. ' .4.9.3 Policy Based Housing Opportunities ~ ~~ ''~ ;: The first means of implementing housing goals in Lionshead is through policy ~`~~F~°~''~ ~~:. ,: based requirements such as the employee generation ordinance currently being ~~~' , ` ~ ' all ,~ ' ~~ pursued by the Vail Town Council. As required by a future ordinance, development and redevelopment projects, as a prerequisite to project approval, hi °~ ~i s -~~° should provide housing for employees generated and to the extent possible t housing should be located in the Lionshead area. x~. ~' .' ~J, PAGE 4-40 LIONSHEAD REDEVELOPMENT MASTER PLAN . T.x '•:??f CHAPTER 4 . MASTER PLAN RECOMMENDATIONS -OVERALL STUDY AREA 4.9.4 Potential Housing Sites Following are specific sites that have been identified as suitable for locals and employee housing (see Map W). 4.9.4.1 South Face of the Lionshead Parking Structure The south face of the Lionshead parking structure was identified by the Lionshead master planning team, the public input "wish fist" process, and the Vail Tomorrow process as a potential location for housing. Depending on building height, this location could support two to three levels of housing located above a ground floor level of retail and commercial space. Several planning issues are associated with this site. First, because the structure will front the East Lionshead Circle pedestrian corridor, the architectural quality and relationship to the street and pedestrian environment will be very.importart. Strict standards of. unit apkeep will have to be enforced. Second, any housing units at this location will be required to park in the Lionshead parking structure, but unit size and location should allow the parking ratio to be lower than that of atypical one or two bedroom unit. Third,.it is recommended that the height of this potential development be limited so that mountain views . from the top deck of the parking structure are not blocked. I:astly, the structural issues relating to an additional parking deck should be coordinated with any south face development scenario. 4.9.4.2 Top Deck of the Lionshead Parking Structure The upper deck of the Lionshead parking structure has also been identified as a potential location for housing. Although the parking structure does offer a large area. several critical planning considerations must be taken into account. a. Parking Issues The most important future use of the Lionshead parking facility is expanded pccblic parking. No housing scenarios should be pursued before assuring that public parking needs have been met. In addition, ' housing on the structure must provide its own parking, ~theresh_.oulda;;be t~no net~loss ~of existing or`future=public~:parking on~the.•structure>,_.~;~. b. Structurallssues Engineering studies conducted during the master planning process indicate that the parking structure can accommodate future expansion above the existing upper deck. but not without structural reinforcement. Any housing on top of the structure must take into l LIONSHEAD REDEVELOPMENT MASTER PLAN PAGE 4-41 Attachment D TOWN OF VAIL, COLORADO ORDINANCE NO. 13, Series of 2006 SERIES 2006 AN EMERGENCY ORDINANCE ESTABLISHING A MORATORIUM ON.THE SUBMISSION AND PROCESSING OF BUILDING PERMITS AND LAND USE APPROVALS IN THE LIONSHEAD MIXED USE 1 AND LIONSHEAD MIXED USE 2 ZONE DISTRICTS WHICH WOULD RESULT IN THE NET LOSS OF HOTEL ROOMS, PARKING SPACES AND EMPLOYEE HOUSING UNITS. WHEREAS, the Town of Vail, Colorado ("Town") is a 'home-rule municipality organized and existing under the provisions of Colorado Constitution Article XX; WHEREAS, the preservation of a healthy and viable commercial climate in Lionshead is vital to the economic and social welfare of the Town; and WHEREAS, the retention of and increase in the number of hotel rooms, parking spaces and employee housing units in Lionshead is vital to the preservation of a healthy and viable commercial climate in Lionshead; and WHEREAS, the Town Council is considering amendments to the Lionshead Mixed Use 1, Lionshead Mixed Use 2 Zone Districts and the Lionshead Master Redevelopment Plan which would address the retention of hotel rooms, parking spaces and employee housing units in Lionshead; and WHEREAS, any building permits ,and land use .approvals which are approved in the Lionshead Mixed Use 1 and Lionshead Mixed Use 2 Zone Districts during the pendency of the Town Council's consideration of amendments to the Lionshead Mixed Use 1, Lionshead Mixed Use 2 Zone Districts, and amendment to the Lionshead Redevelopment Master Plan have the potential to endanger the commercial climate in Lionshead, as they may reduce the number of hotel rooms, parking spaces and employee housing units in existence and available; and, .WHEREAS, the Town Council ("Council") has determined that a temporary moratorium of sixty (60) days on the submission and processing of building permits and land use approvals resulting in the net loss of hotel rooms, parking spaces and employee housing units is sufficient to effectively preserve the Town's commercial climate. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. As of the effective date of this Ordinance, there shall be a temporary moratorium of sixty (60) days on the submission applications for and processing of building permits and land use. approvals which would result in the net loss of hotel rooms, parking spaces and employee housing units in the Lionshead Mixed Use 1 and Lionshead Mixed Use 2 Zone Districts. Section 2. Severability. If any provision of this Ordinance is found by a court of competent jurisdiction to be invalid, the remaining provisions of this Ordinance will remain valid, it being the intent of the Town .that the remaining provisions of this Ordinance are severable. Section 4. Emergency Measure. Based upon all of the foregoing, the Council finds and declares that there is reasonable justification for the adoption of this Ordinance as an emergency measure, that this Ordinance is necessary for the immediate preservation of the public welfare, and that this Ordinance shall therefore take effect immediately upon adoption as provided by Section 4.11 'of the Vail Home Rule Charter. .INTRODUCED, READ, PASSED, ADOPTED AS AN EMERGENCY MEASURE BY THE UNANIMOUS VOTE OF COUNCIL MEMBERS PRESENT OR A VOTE OF FIVE (5) COUNCIL MEMBERS, WHICHEVER IS LESS, AND ORDERED PUBLISHED THIS 18th DAY OF APRIL, 2006. TOWN OF VAIL, COLORADO Rod Slifer, Mayor ATTEST: By: Lorelei Donaldson, Town Clerk RESOLUTION NO. 12 Series of 2006 A RESOLUTION APPROVING THE PURCHASE OF LAND IN THE TOWN OF VAIL COMMONLY KNOWN AS PARCEL N0.210311415019 BY THE EAGLE COUNTY ASSESSOR'S OFFICE, AND LEGALLY DESCRIBED AS PARCEL A, A RESUBDIVISION OF TRACT D, A RESUBDIVISION OF VAIL SCHONE FILING NO. 1, TOWN OF VAIL, EAGLE COUNTY, COLORADO WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and. qualified; and WHEREAS, the Council considers it in the interest of the public health, safety and welfare to purchase the real property and improvements thereon with the physical address of 2399 N. Frontage Road, Vail, Colorado, commonly known as Parcel No. 210311415019 by the Eagle County Assessor's Office, and legally described as Parcel A, a resubdivision of Tract D, a resubdivision of Vail Schone Filing No. 1, Town of Vail, Eagle County, Colorado (the "Property"); and WHEREAS, the Council's approval of this Resolution No. 12, Series 2006, is required to purchase the Property. NOW THEREFORE, BE' IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1. The agreement to buy and sell the Property is hereby approved by the Council. 2. The Town Manager, Town Attorney and town staff are authorized to take whatever steps are necessary to complete the purchase of the Property by the Town of Vail. 3. This resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED of a regular meeting of the Town Council of the Town of Vail held this 18~' day of April, 2006. Rodney E. Slifer, Mayor of the Town of Vail, Colorado ATTEST: Lorelei Donaldson, Town Clerk .Rpr 12 2006 12:25PM Law Offices Of Gary S. Co 3038639595 ;> e 1 The printed portions of this form, except differeirtiated additions, have been approved by the Colorado Real 2 Canvnission. CBS 2-7-04 i 3 t 4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES:. SHt] . 5 CONSULT LEGAL AND TAX O>g OTHER COU_ NSEl~ BEFORI 5IGN1l11iG ~' 6 ~~ r ~~,~-rc~r Z : } ~ ~ .f ,T L ~` ~ ]> ~: T y s CONTR.A,G'T TO BUY AND S)~LL ~~L ESTAT>Er ~ : dt ,~x~ ~,~~' g (COMMERCIAL) ' ~ ? <~'~' ~ to °~ ~~ ~. ~ o ~..~ ~ {: ll ~ Date; r 1 l2 ' 2006 12 l3 Purchase Price: $ 2, 000, 000. l4 1. AGREEMENT. Buyer agrees to buy, and the undersigned Seller agrees to sell, the Prope ]5 defined below on the teens and conditions set forth in this contract. 16 t. DEFINED TERMS. 17 a. Buyer. Buyer, Town of Vail, a Colorado Municipal CorporatW9~t 18 title to the real property described below as ^ Joint Tenants p Tenants In Common l9 ^ Other N/A 20 b P; ~PC~y i ne rroperty is the following legally described real estate: 21 22 Vail Das Schone Filing 1, Parcel A, a resubdivision of Tract D 23 in the County of _ Ea ];le ,Colorado, 24 commonly known as No. 2399 North Fronts a Road West, Va~.l, CO 81657 25 Street Address 26 together with the interests, easements, ~ City State rights benefits, improvements and attached 5xtures app f 27 thereto, all interest of Seller in vacated streets and alleys adjacent thereto, except as herein excluded, 28 c. Dates and Deadlines. 29 ..` J Item No.. Reference Event 1 ~ . ~-;-- -~ ~r - -- 3 5 6 9 10 11 12 13 14 15 16 17 1S 19 20 21 23 24 `1 ,~ i~~ j Sd d a_ 7a 7-... 8.__ 7b 8a~ l0a lOb lOc l6 16 Z~ 2-~ 2-7-04 CONTRACT TO ~ Loan A Lication Deadline - Laze~c ~.~ ~N;/ Loan Commitment`Deadline ` ` Bu er's Credit Information Deadlin . r. e Disa royal of Bu er's Credit Deadline N Existin Loan Documents Deadline Objection to Existin Loan Documents Deadline N A A royal of Loan Transfer Deadline A raise] Deadline Title Deadline N , Survey Deadline _ , _ _ ? _ ~ Deadline tiers Deadline . tiers Objection Deadline Deadline ' insurance Objection Deadline Date ... on Date - ;.~..~ Sri Time ~ .. . rice Deadline Date J/LL/UG S/30/06, ? p.3 I ~y ~ R ~~ y J ~ t tx:~ .. . i' ~ . tl I i 5 06 ' `'6~T9O6~ ' ~~r <r~ ~ :~s~ ~ ~~t^= $ 4 ~ ,~ r ~' See~xExl%ilii p %;v~ s~~~, k `4/19' 06`• - j . 'p:m _ '~ 6 25,06 Page 1 of I O als Rpr 12 2006 12:25PM l_aw;.Offices - Qf Gary S '..Oq '.$08639595, P.~ 4 e ~ -_ x' , ~! ~! . 30 3l 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 50 5l 52 53 54 55 56 57 58 59 60 6l 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 d• AttachQtents. The following are a part of this contract: N/A Note: The following disclosure forms are attached but are not a part of this contract; N/A e• App[icabillty of Terms. A check or similar mark in a box means that such provision ; applicable. The abbreviation "N/A" means not applicable. The abbreviation "MEC" (mutual execution this contract) means the latest date upon which both parties have signed this contract. 3• INCLUSIONS AND' EXCLUSIONS. The .Purchase Price includes the following i (Inclusions): a• Fixtures. If attached to the Property on the date of this conrtract, lighting; heatin plumbing, ventilating, and air conditioning fixtures, inside telephone wiring and connecting blocks/jac ` plants, minors, floor coverings, intercom sy , sp ' er systems and controls; and ~ " See Pibit A - :. b• Exclusions. The following attached ~ . .. Tres are e~cludeesl• this sa~~~ : ~- `, ... - - - ,~ • ~ ~I G Personal Property, If on the Property whether attached or not ou e d storm windows, storm doors, window and porch shades' aw,nin _~,.. ~ oi; tlus'co y;' rods, d~ery rods, storage sheds, and all keys. If checked, the Ifolow Beare Wncluoded..~vE~IS~oke/F , { . ' 1)etecto_rs'~Secarity Systems; and cash r i aters excluded dl. Transfer of Personal Property. The Personal Property to be conveyed at Closing shall ' conveyed, by Seller, free and clear of all taxes, (except personal property taxes for the year of closing), lie and encumbrances, except Conveyance shall be by bill of sale or other applicable legal instrument. e• Trade Riatures. With respect to trade fixtures, Seller and Buyer agree•as follows: See Exhibit A 4• PURCIiASE PRICE AND TERMS, 'The purchase Price set forth below shall be payable in U. Dollazs by Buyer as follows: 1 4 Purchase Price Amount Amou i 2 4a Earnest Mone $ 2 000 000 3 4b 1 New First Loan $ 25,, 4 4b 2 New Second Loan ' 5 4c Assam tion Balance 6 4d r Pnvate Ftnancin :. ;~ `~ Seller o ,. ,.,.., . .. f_~,<_ 7 8 t = ~ '~ n__ 9 4e Cash at Closin 0 ~ TOTAL 1;"975 Note: If there is an inconsistency between the Purchase Price on the fast page and thi 0§ 4, the ~ Ont i ~ 4 shall control. a• Earnest Money, The gamest Money set forth in this section, in the form of a ToaTM ~ c, is part payment of the Purchase Price and shall be payable to and held by Land Title Guaran` Cee`=' (Earnest Money Holder), in its trust account, on behalf of both Seller and Buyer. The Eamest Money depds shall be tendered with this contract unless the parties mutually agree and set forth a different deadline;i writing for its payment. The parties authorize delivery of the Earnest Money deposit to the closing compa>y if any, at or before Closing. In the event Earnest Money Holder has agreed to have interest on earnest moue deposits transferred to a fund established for the purpose of providing affordable housing to Colorad residents, Seller and Buyer acknowledge and agree that any interest accruing on the Earnest Money deposite with the Earnest Money Holder in this transaction shall be transferred to such fund. r'RC ~ e n~ z y5 E • p . ~; .L eck Page ~Rpr 12 2006 12:26PM Law Offices Of Gary S. Co 3038639595 J 77 b. New Loan. N/A 78 (I) New First Loaa. Buyer shall obtain a new loan set forth in this section 79 follows: ^ Conventional ^ Other 80 This loan rXil[ be secured by a 81 -`_ list, ~nd, etc.) deed oftrust. The total loan amount, not in excess of $ 82 period of , sha_ 11 be amortized over 83 to.exceed years ~ approximately $ per montt includin % per annum, plus, if required by Buyer's lender, a tnont)llg. de opal and tn~rest 84 estimated annual real estate taxes and property insurance premium, Ifihe loan ~s y ~~~ 4f 1(1~ o , 85 graduated payment loan, the month! a~,a4la~stable Merest rho 86 above. Y Payments and interest rate tnitially shall not exceed thesfgures set fo , 87 Loan discount points, !fan hall 88. total loan amount. Notwithstanding the loan's p to est gate, the first ing IosnSdtascout,~ce d: = °~ , " 89 ~ .~,,., a . Qf~ the ~ 90 and the balance, if any, shall be paid by " nt, pouttS s_ hall be R~1d by y yer shall time! '~ 91 loan amount. y pay Buyet~s loan costs and a loan origination fee not to exceed 92 % of th 93 follows: N/A2) New Second Loan. Buyer shall obtain a new loan set forth in this section 94 This loan will be secured by a 95 The total loan amount, not in excess- o g - (2nd, etc.) deed of trust. 96 period of years at approximately $ shall be amortized over 97 exceed ~_~0 per annum. IF the loan is an adj'eustabl~te~ mite orrgraduated da mtentsl not to 9B monthly Payments and inrterest rate initially shall not exceed the f p Y oan, the 99 Laan discount points, if any, shall be paid to lender at Clo~ing and shalt not exceed 100 tots! loan amount, Notwithstanding the loan's int °~ of due i O1 erect rate, the first- loan discount points shall be paid by 102 Buyer shall timely pay Buyer's loan oats and alloan origination fee not to exceed 103 the loan amount, g'o of 104 c. Assumptlon. Bu er 105 of the Assumption Balance set forth in tahgis ~~~o~ume and pay an existing loan in the approximate 106 includin n, presently payable at $ N/A aznount g principal, interest presently at_% per annum, and also including escrow for the followingnas 107 indicated: ^ Real Estate Taxes p Property Insurance Premium and 108 ! 09 Buyer agrees to pay a loan transfer fee not to exceed $ 110 assumption, the new interest rate shall not exceed- '~1;~-~t~nte ~qjf ' 111exceed $ % per annum and the neyy ~?~ PaYinent s al ~ 112 g principal ~ interest, plus escrow,`if anv, " .If the ac ~ ~ -~~ existin loan at Closing is less than the Assumption Balance, which:"caul ~~ R~trlapal ~a~~P,e~Qf t~ ~ - 113 Buyer at Closing to be increased by more-than $ es the amo~tnt,.l~~ca~Y,~latred'~pr~' : i ---. ~._, then O 13uyer May Terminate.thts contra9l ~~~~ 114 effective upon receipt by Seller ofBuyer's written notice oftermination ar O I l5 SSlslber p 5ha11 p Shall Not be released from liability on said loan. If applicable, compliance'with ' 116 the requirements for release from liability shall be evidenced by delivery at Closing of an appropriate letter 117 commitment from lender. Cost 118 amount not to exceed $ payable for release of liability shall be paid by of ; 119 in an ' 120 d• Seller or Private Financing. Buyer agrees to execute a promissory note payable to: 121 Common ^ Other ~" ~ ^ Joint. Tenants ^ Tenants /re 122 ^ (UCCC- No Default Rate on the note form as indicated: 123 ^ Other ) NTD 82-5-04 ^ (Default Rate) NTD 81-5-04 124 encumbering the Pro a secured p rty, using the form as indicated: D Strict Due-On-Sale (TD 72 5-04)) deed of trust 125 ^ Creditworthy (TD 73-5-04) ^ assumable -Not Due On Sale (TD 7q_5_04) ^ Other 126 127 The promissory note shall be amortized on the basis of 128 $ per month includin ^ Years ^ Months, payable at 129 shall commence g P~cipal and interest at the rate of 130 sooner paid, the balance of principal and accrueddi~e~ st shall be due and % Per annum, payments 131 after Closing. Payments ^ Shall day of each succeeding month. If not + ; payable 132 and ^ Shall ^ Shall Not be increD d by IN2 ofeesttmat~ att~naa/112 oofe timated annual real estate taxes, 133 shall also contain the following terms; (I) if any payment is not received within , 13 4 its due date, a late charge of `% of such montht P P ty -nsurance premium, The loan 135 under the deed of trust shall be ~------- calgndar ~aYs.t ° Y Payment shall be due, (2) interest on lender ~isbursem~ts i3G $uyer may prepay without a n ~0 p~ annum, (3) default interest rate"shall b4 /a ' pe alty except -e.°~ Per aM, (4F} .II , 137 Buyer D Shall O Shall Not eacecute .and deliver. at Closin ~ " ~ ~ '~artd (~} . ~~ cast-7.n~ ~ a. Security'Agnretnent and CiCC.~I I ~ _ f CONTRACT Tp QUy AND SELL REAL ESTATE (COMMERCIAL) " Page ~"of t0 ~-`'- e ~,.o - p.5 .Ini t -: . Flpr 12 2006 12:27FM L i3 13 1 14 14 14 14 14 14 14 14 14 I50 15l 152 153 154 155 156 157 158 159 160 IG1 IGZ IG3 164 165 166 167 1G8 169 170 171 172 173 174 175 17G 177 l78 !79 [80 l81 182 183 184 l85 ,, ISG l87 188 189 190 19l 192 193 194 195 196 197 aw Offices Qf.Gar•_y S.-Co "°3038639595 ` .6 `= t ~ p a s. ~ ~ i 8 Financing Statement granting the holder of the promissory note a _(Ist, ~~ etc,) )1en on the peso 9 propelty included in this sale. ~ ~"- ~ uyer ^ 5ha11 ^ Shall Not provide a mort I e. Cash at Closing. All amoutt~ paid by Buyereat Clmas ngpncluding Cash'at~me• Z Buyer's closing costs, shall be in fitnds which comply with all ~' p. 3 electronic transfer funds, certified check, savings and loan teller's checklandaeashier check (Good Funds 4 S. FINANCING CONDITIONS AND OBi,ICATIONS. N/A 5 a• Loan Application. [f Buyer is to pay all "or part of the Purchase Price by obtaining a 6 loan, or if an existing loan is not to be released at Closing, Buyer, if required by such lender, shall matte 7 verifiable application by Loan Application Deadline (§ 2c). Buyer shall cooperate with Seller and lender 8 obtain loan approval, diligently and timely pursue same in good faith, execute all documents and famish 9 information and documents required by lender, and, subject to § 46 (l)and (2) and § 40, timely pay the cos of obtaining -such loan or lender consent, gayer agrees to satisfy the reasonable requirements of lender, shall not withdraw the loan or assumption application, ear intentionally cause any change in ci~•~~m~ra~.ce that would prejudice lender's approval of the loan applicatiion or funding of the loan. Buyer may o different financing provided Seller incurs no additional delay, cost or expense, trod provided Buyer ' approved for such substitute loan. b• Loan Commitment. If Buyer is to pay all or part of the Purchase Price by obtaining a ne oan as specified in § 4b, this contract is conditional upon Buyer obtaining a writteti loan commitmenrt. Thi condition shall be deemed waived un mess. Seller receives'from.Buyer,' no later than Loan Commitmea Deadline (§. 2c), written notice of B er.s Inability to"obtaut such loan-commitment, .lf Bu .. ,. e ym. p ~ er, this contract shall termtnate. IF SELLER DOES KOT RECEIVE; ~ so no • ~. ., RNIIN~ATE AND BUYER DpES NOT CLOSE,fBUYER SA~L,L BE INbEF~AL~TN. NOTICE T_;I! ~ G Credit Ipformatiion . If"Buyer.: is to pay_all or-part of the.Purchase Price by ~xec~~ ~~ promissory note in favor of 5eller'or if an existing,loaA is trot to be released at Clositg"ties cortttact i' "~ conditional upon Seller's approval `af 8uyec's financial obit' ~ ~~,o' ~ " at Settle ~' . .. rthiness.whlCh~`aPProvsY s1t811 hs.~ole and absolute discretion. In such case; ~ B Information Deadline (§ 2c), at Buyer's expense, informationand documents cottceming $py~ fiaa4~ot' I i employment and credit condition; (2) Buyer consents that Seller may verify Buyer's fmanctal ability an creditworthiness (including obtaining a current credit report); (3) any such information and dopimen received by Seller shall be held by Seller in confidence, and not released to others except to prated Seller interest in this transaction; (4) if Seller does not provide written notice of Sellers disapproval to Buyer Disapproval of Buyer's Credit Deadline (§ Ze), then Seller waives"this condition. If Seller does provi " written notice of disapproval to Buyer on or before said date, this conract sha[l terminate, d. Existing Loan Iteview.,,If an existing,loaa is'not to be released.at Closing, Seller she " provide copies of the loan documents (including note, deed of trust, and any mod cations) to Buyer ~ Existing.Loan Documents Deadline (§ 2c). This contract is conditional upon Buyers review and approri i of the provisions of such loan documents. If written notice ofobjectian m such loan documents, signed b Buyer, is not received by Seller by the Objection to Existing Loan Documents Deadline (§ 2c), guy accepts the terms and conditions of the documents. [f the lender's approval of a transfer of the Property ' , required,. this contract is conditional upon Buyer obtainin such loan, except as set forth in § 4c. If lender's approve ~is ~ ~~~d b hoAut change in the terms of sac Deadline (§ Zc), this contract shall terminate an such date, If Seller is to be repressed fromLliabil'ty u ~ ~ ' I such existing loan and Buyer does not obtain such compliance as set forth m § 4c; this contract may b terminated at Sellers option. _ 6• APPRAISAL PROVISIONS.. N/A a• Appraisal Condition. This subsection a. D Shall ®Shall Not apply.- ~ ' _ Buyer shall have tho sole option and electionto tertraate,this'contract if the Purchase-)'rice exec the Property's valuation determined; an _ by appraiser engaged by The, contract shat .'' terminate by Buyer giving Seller written notice of terrninatioa and either a~copy of such appraisal or:.wrftt notice from lender that confirms the Property's vahiation is less than the Purchase Price,:reaelved:ono ~ ,. beforeA~ppraisal Deadline (§ 2c). If Seller does not receive such written notice of termination on ar be Appraisal Deadline (§ 2c), Buyer waives any right to;terminate under this subsection. b• Cost of AppraLeaL Cost of any appraisal to be obtained aver the date of this contract shat , be timely paid by Buyer ^ Seller. ~• EVIDENCE OF TITLE. a. Evidence of Title. On or before Title Deadlne (§ 2c), Seller shall cause to be furnished t Buyer, at Seller's expense, a current commitment for owners title insurance policy (Title Commitment) in amount equal to the Purchase Price, or if this box is checked, p Aa Abstract of title certified to a date. At Sellers expense, Seller shall cause the title insurance policy to be issued and delivered to Buyer . ! C[3S I-7-U4 CnNTR ~t"*r mn m rv ..... ,.__ _ _ _ •hpr 12 2006 12:28PM Law Offices Of Gary S. Co 3038639595 .. P . 7 198 soon as practicable at or after Closing. If a title insurance commitment is famished, it ~ Shall ^ Shall 1 199 commit to delete or insure over the standard exceptions which relate to: 200 (1) parties in possession, 201 (Z) unrecorded easements, Z02 (3) survey matters, 203 (4) any unrecorded mechanic's liens, 204 (5) .gap period (effective date of commihnent to date_deed is n:corded), and 205 (6) unpaid taxes, assessments and unredeemed tax sales prior to the year of Closing. 206 Any additional premium expense to obtain this additional coverage shall be paid by ^ Bayer 207 Seller. 208 b, Copies of Exceptions. On or before Title Deadline (§ 2c), Seller, at Seller's a erase, Sh; 209 furnish to Buyer and ~ _ xp , 210 •~ Plats, declarations, covenants, conditions and restrictipns burdening the~Pco e ~ ' (1) a~go~yro~~al 211 cortuttitmerrt is required to be furnished, and if tfiis box is checked p ~' ~~ (z) tf'_a ttt~e•aitsyr,~ 212 if illegible, summaries of such documents) listed, in the schedule of ~~ tian~s o~Ay, Other loo~eu~epts~(o 213 is not-checked, Seller shall have the obligation to furnish t1.4;;; documents pursu~a tt p t~usv$ubse mom 214 reques4e~by Buyer any time on ar before Document Request Deadline (§ 2c); This requirement sha 215 pertain only to documents as shown of record in the offices of the clerk and recorder. The abstract or tit) 216 insurance commitment, together with any copies or sununaries of such documents furnished pursuant to thi 217 section, constitute the title documents (Title Documents). 218 c. Survey. pn or before Surve Deadline Zc 219 the issuer of the Title Commitment or the provider of the opi~~ion offs tlee'f~ab ystract tolreceiv ea Curren 220 Q Improvement Survey Plat Q lroprovement Location Certificate :~ 4urney 22i (the description checked is known as Survey). An amount not to exceed~~~,uuu 222 paid by ~ Buyer D Seller, If the cost exceeds this amount, _Buyer for Survey shall. b~ 223 excess on or before Closing, shall pay ~, 224 8. TITLE AND SURVEY REVIEW, 225 a. Title Review. Buyer shall have the right to inspect the Title Documents, •Written notice by 226 Buyer of unmerchantability of title, form or content of Title Commitment or of any other unsatisfactory tit] 227 condition shown by the Title Documents, notwithstanding § 12, shall be signed by or on behalf of Buyer an 228 given to Seller on or before Title Objection Deadline (§ 2c), or within five (S) calendar days after receipt. b 229 Buyer of any change to the Title Documents or endorsement to the Title Commitment together with a copy o 230 the document adding any new Exception to title. If Sealer does not receive Buyers notice by the d 231 specified above, Buyer accepts the condition of title as.disclosed by the Title Documents as satisfactory, 232 b. Matters not Shown by the Public Records. Seller shall deliver to. Btryer, qn qr befor_ 233 Off-Record Matters Deadline (§ 2c) true copies of all leases and surveys in Seller's possession pertBinirlg 234 the Property and shall disclose to Buyer all easements, liens (including, without limrtatigtl,, 235 -. improvements approved, but not yet installed) or other title matters (including, wtho h itatione~ tneit..,,. 236 first refusal, and options) not shown by the public records of which Seller has actual k. owl d je , ~u ~ $~t&>9 237 have the right to inspect the Property to.determine if an third y ~ g-! ,YgT s,(!~l 238 by the-public records (such as an unrecorded easement, unre~ed }ease, or boa tdary utpe discQpancy) 239 Writter4lvatice of any unsatisfactory condition disclosed by Seller or revealed 240 notwithstanding § 12, shall be signed by or on behalf of Buyer and given to Seller on or before Off-Recdt 241 Matters ObJectlon Deadline (§ 2e), If Seller does not receive Buyers notice by said date, Buyer accep 242 title subject to such rights, if arty, of third parties of which Buyer has actual knowledge, 243 c. Survey Review. Buyer shall have the right to inspect Survey, 1F written notice by or'o 244 behalf of Buyer of any unsatisfactory condition shown by Survey, notwithstanding § 8b or § 12, is receive 245 by Seller on or before Survey Objection Deadline (§ Zc) then such objection shall be deemed 246 unsatisfactory title condition. If Seller does not receive Buyer's notice by Survey Objection Deadlines 247 2c), Buyer accepts Survey as satisfactory. 248 d. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT T 249 GENERAL OBLIGATION iNDEBTEDNE53 THAT IS PAID BY RE1'ENUES PRODUCED FROM A11NUA 250 TAX LEVIES ON THE TAKABLE PROPERTY .1~VITHIN SUCH DISTRICTS, PROPERTY OWNERS :I 251 SUCH DISTRICTS MAY BE PLACED AT RTSK FOR INCREASED MILL LEVIES AND EXCESSIVE T 252 BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT INHERE CIRCUMSTANCES A 253 RESULTING IN TIIE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNE 254 WITHOUT SUCH AN INCREASE 1N MILL LEVIES. flUYER SHOULD IIVVESTIGAT'E THE DE 255 FINANCING IdEQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS O 257 ANDTIE OITENTiALiFOR'1lVlNCREA-SEINSUCHM[LLILEVIES.SERVICING SUCH INDEBTEDN]~ i C: ~o .. ~' i-. ~~~~ .:~: 'i . _,.i I i i I i j i I j I ~~ ~; ^. i Apr 12 2006 12:28PM Law Offices Of Gary S. Co 3038639595 258 254 2G0 ?Gl 2G2 2G3 2G4 265 2GG 2G7 2G8 2G9 270 271 272 273 274 275 27G 277 278 279 Z80 281 282 283 .284 285 28G 287 288 289 290 291 292 293 294 295 29G 297 298 299 300 301 302 303 304 305 30G 307 308 309 310 311 I 312 313 314 i 315 31G s 317 I 318 i In the event the Property is located within aypecral-taxing district and Buyer.desurs to terminate this contract as a result, if written noGce.s received b . Seller o or befare~Off Record Deadline ' ~ _ A~atters `Ob jectio (§ ..c), this contract shall then terminate..lf Seller does not eceive Buyer's notioe by_sucli dot Buyer accepts the effect of the Property's inclusion ~n such special taxing district and waived`the riph~f t terminate. A e• Right to Object, Cure. 8tryer's right to object shall include, but not be liiadted to tbo matters lis ed in § 12. If Seller receives notice of unmerchantability of title or any othez iutsatisfactory titl condition or commitment terms as provided in subsections 8 a, b, c and d above, Seller shall use reasonabl efforts to correct said items and bear any nominal expense to correct the same prior to Closing. If su unsatisfactory title condition is not corrected to Buyers satisfaction on or before Closing, this contract shat then terminate; provided, however, Buyer may, by written notice received by Seller on or before Clositi waive objection to such items. t: Title Advisory. The Title Documents affect the title, ownership and use of the Pro and'should be reviewed carefully. Additionally, other matters not reflected in the Title 17acuments nt affect the title, ownership and use of the Properly, including without limitation bouadary lines an encroachments, area, zoning, unrecorded easements and claims of easements, (eases and other unrecord a3reements, and .various laws and governmental regulations concerning land use, development en environmental matters. The surface estate may be owned separately from the underlying mineral esta~t and transfer of the surface estate does not necessarily include transfer of the mineral rights. Thir parties may hold interests in oil, gas, other minerals, geothermal energy or water an or Hader fh Property, which interests may give them rights to enter and use the Pro excluded from the title insurance policy, Buyer is advised to timely consult le ~~~ Such matters may such matters as there are strict-time limits provided in this contract (e.g., Title Objection Deadline [ ~] an Off-Record Matters Objection Deadline [§ 2cJ), g• LEAD-BASED PAINT. Unless exempt, if the improvements on the Pro residential dwellings for which a building permit was;issued prior to January 1, l 7e8 tttjslcont~t shad ~6' void unless a completed Lead•Based Paint Disclosure (Sales) form;is signed by Seller and.the required res estate licensees, which~must occur~prior to the parties signing this contract. ~. PROPERTY DISCLOSURE 1A15PECPION AND INSURA$I_ LIT1!• $UYER On or before Seller s Pro art Disclosure Deadline;(§ 2c , Seller a p y ) grew to rovide gu DISCI<.OSIJit~_ disclos~r~e o f adverse matters regarding the Property completed by Seller to the best of Sel es arrant a~ctiia i knowledge. ~ a• Inspection Objection Deadline, Buyer shall have the right to have inspections of th physical condition of the Property and Inclusions, at Buyer's expense. [f the physical condition of the Property or inclusions is unsatisfactory in Buyer's subjective discretion, Buyer shall, on or before Inspeetion Objection Deadline (§ 2c): (1) notify Seller in writing that this contract is terminated, or (Z) provide Seller with a written description of any unsatisfactory physical condition which Buyer requires Seller to correct (Notice to Correct). If written notice is not received by Seller on or before Inspection Objectlon Deadline (§ 2c), the physical condition of the Property and inclusions shall be deemed to be satisfactory to Buyer. b• Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller have not ayeed in writing to a settlement thereof on or before Resolution Deadline (§ 2c), this contract shall terminate one calendar day following the Resolution Deadline (~ 2c), unless before such termination Seller receives Buyer's written withdrawal of the Notice, to Correct, ~• Insurability, This contract is conditioned upon Buyer's satisfaction, in Buyer's subjective . discretion, with the availability, terms, conditions and premium for property insurance. This contract shall terminate upon Seller's receipt, on or before Property Insurance Objection Deadline (§ 2c) of Buyai's written notice that such insurance was not satisfacto to Bu er. If said notice is not timel received ]3 er shall have waived any right to terminate under this provision Y y ' ' d• Damage, Liens and Indemnity. Buyer i respgnsible for ~ surveys. engineering reports or for any other work performed az Buyers request,and.shallpey I;c~r any dcamµ~ ~ , which occurs to the Property and Inclusions as a result of such activities Huyer shall rtot'pprmit claims 4e >' _ lens of any kind against the Property for inspections,.surveys, engineering reports: and for,arry other. work ' performed on the Property at Buyer's request. Buyer agrees to indemnify., protect and hold SeUs~' harmless from aid against any liability, damage, cost or expense incurred by Seller in connection with arty snob, nspection, laim, or lien. This indemnity includes Seller's right to recover al I costs and expenses incurred by Seller to enforce this subsection, including Seller's reasonable attorney and legal fees. The provisions of this ubseetion shall survive the termination of this contract. I - CLOSING. Delivery of deed from Seller to Buyer shall be at closing (Closing), Closing shall be An he date specified as Closing Date (§ 2c) or by mutual agreement at an earlier date. The hour and place'o lZ8 Z-7-U4 C'ONTRACT' TO DIY AND SELL REAL ESTATE (CODtM14ERCIAL) Page 6 of 1D p • i3 ~: r Rpr 12 2006 12:29PM 319 320 32l 3 22 3 23 324 3 25 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 Law Offices Of Gary S. Co 3038639595 Closing shall be as designated by Land Title Guarantee 12. TRANSFER OF TITLE, Subject to tender or payment at Closing as required herein compliance by Buyer" with the other terms and provisions hereof, Seller shall execute and deliver a good ~ sufficient general warranty deed to Buyer, at Closing, conveying the Property free and cleaz of taxes except the general taxes for the year of Closing. Except as provided herein, title shall be conveyed f and clear of all liens, including any governmental liens for special improvements installed as of the date Buyer's signature hereon, whether assessed or not. Title shall be conveyed subject to: a. those specific Exceptions described by reference to recorded documents as reflected in~ i Title Documents accepted by Buyer in accordance with § 8a (Title Review), b~ distribution utility easements, ' e. those specifically described rights of.third parties not shown by the public records of whi Buyer has actual knowledge and which were accepted by Buyer io accordance with § 8b (Matters not Sh©` by the Public Records) and § Bc (Survey Review), d. inclusion of the Property within any special taxing district, e. the benefits and burdens of any declaration and party wall agreements, tf any, artd , ' G other N/A ,~. ~. 13. PAYMENT OF ENCUMBRANCES Any encumbTatee required to be'patd shall be aid at''. before Closing from the proceeds of this transaction or from any other source. p" :• 14. _ CLOSING COSTS, DOCUMENTS AND SERVICES. Buyer and Seller shall pay, it1 Gix Funds, it respective Closing costs and all other items required to be paid at Closing, except as othenwi provided herein. Buyer and Seller shall sign and complete all customary or reasonably, required documen~s or before Closing. Fees for real estate Closing services shat l be paid at Closing by ~ One-half by BdyE and One-half by Seller ~ Buyer ^ Seller p Other The local transfer tax of A' A % of the Purchase Price shall bepaid at Closin ~a by Buyer and One-half by Seller ^ Buyer ^ Seller ~ Other Town of Vail is exei° t ftlmn~ . Any sales and use tax that may accrue because of this transaction sha be paid when due by ~ Buyer~Seller. I5. PROBATIONS. The following shall be prorated to Closing Date (§ 2c), except as otherwis provided: a. Taxes. Personal property taxes, if any, and general real estate taxes for the year of Closn~ based on ^ Taxes for the Calendar Year Immediately Preceding Closing $1 Most Recent Mill Lj'ev~ and Most Recent Assessment ^ Other b. Rents. Rents based on D Rents Actually Received ^ Accrued. Security deposits by Seller shall be credited to Buyer. Seller shall assign all leases to Buyer and Buyer shall assume ; leases. N/A c• Other Prorations. Water and sewer charges; interest on any continuing loan, and Nt d. Final Settlement. Unless otherwise agreed in writin , ese prorations shall bo final,. ,~ l6. POSSESSION. Possession of the P'ro ~ ~ Possession Time (§ 2c), subject to the following le ~ o ~~n~ de~ve~ a B~hib tpAl4p date Al~eller, after Closing, fails to deliver possession as specified, Seller shall be subject to eviction shall be additionally liable tv Buyer for payment of $ . 500 per day from the Possession Date (§ 2c) t possession is delivered. 17. NOT ASSIGNABLE. This contract shall not be assignable by Buyer without Seller's prior wri consent. Except as so restricted, this contract shall -inure to the benefit of and be binding upon the h, personal representatives, successors and assigns of the parties.. 18. INSURANCE; CONDITION OF, DAMAGE TO PROPERTY AND INCLUSIONS. Excep otherwise provided in this contract, the Property, [nciusions or bath shall be delivered in the condi~ existing as of the date of this contract, ordinary wear and tear excepted. a. Casualty.lnsurance. In the event the Property or Inclusions shall be damaged by firs other casualty prior to Closing, in an amount of not more than ten percent of the total Pwehase Price, Se shall be obligated to repair the same before the Clasiag Date (§ 2c). In the event such damage is repaired within said time or if the damages exceed such sum, this contract may be terminated at the optio Buyer by delivering to Seller written notice of termination. Should Buyer elect to carry out this cont~ despite such damage, Buyer shall be entitled to a credit, ai Closing, for all the insurance proceeds resin from such damage to the Property and Inclusions payable to Seller but not the owners' association, if CBS Z-7-od CONTRACT TO BUY AND SELL REAL ESTATE (COM1~>ERCIAI,1 page 7 of IO i:. ::£..I ,. :. he r st:at rans ~~; p.9 Rpr 12 2006 12:30PM Law Offices Of Gary S. Co 3038639595 379 plus the amount of any deductible provided for in such insurance policy, such credit not to exceed the 380 Purchase Price. 381 b. Damage, Inclusions and Services. Should any Inclusion or servipe (inCludi 382 and components of,the Property, e.g, heating, Plumbi °g sYs 383 ~ contract and Closin or ~~ e~.) fail or be damaged between ~ d>t~; 01 g possession, whichever shall !be earlier, then Seller shall. ba. liable f~r:'tbe rem 384 replacement of such Inclusion or service with a unit of similar size, 365 but only to the extent that the maintenance or replacement of such lnelusdionr,ase vice or a{utvaleat a 386 responsibility of the owners' association, if any, less fixwre is nod 387 repair er~e~lacement. ~' 1nsurance Proceeds received by Buyer covering, 388 - G Walk-Through and Verification of Condition. Hu er 389. the eight to walk through the Property prior to Closing to verify that the'ph sicalacondition o the prole, 390 and Inclusions complies with this contract. 391 l9. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Bu 392 and Seller ackr-owledge that the respective broker has advised that this document has important le 393 consequences and has recommended the examination of title and consultation with legal and tax or of 394 counsel before signing this contract, 395 20. TIME OF ESSENCE, DEFAULT AND RIEMEDIES. Time is of the essence hereof. If any n 396 or check received as Earnest Money hereunder or arty other payment due hereunder is not paid, hono 397 tendered when due, or if any other obligation hereunder is not performed or waived as herein provided,~th 398 shall be the following remedies: 399 a. if Buyer is in Default: 400 ^ (1) Specific Performance. Seller 401 which case all payments and things of value received hereund r shall be forfeited and etained on behal~ 402 Seller, and Seller may recover such damages as may be proper, or Seller may elect to treat this wntrae `103 being in full force and etI'ect and Seller shall have the right to specific performance or damages, or both. 404 ~ (2} LJquidated Damages. All a 405 be forfeited by Buyer and. retained on behalf of Sellerpaad both parties shall t ereafter be ~ hereunder sl~ 40G obligations hereunder. It is agreed that such payments and things of value ar+e LIQUID~q'ED DAM G 407 and (except as provided in subsection c) are SELLER'S SOLE AND ONLY REMEDY for Buyer's Earl ~ ` ,j 408 .\ Perform the obligations of this contract. Seller expressly waives the remedies of s 409 additional damages, pgci~c perfoFtnana 410 b. If Seller is iu Default: Bu er ~ - ``` ~ '' ~~ ,. 41 I payments and things of value received hereunder s~ltalllbe rata en~edand guyertm y rnecov~ee uch damages a 412 may b~oPer, or Buyer may elect to treat this contract as being in full force and effect and Buyer shall h v 413 the right to specific performance or damages, or both. ; 414 c. Costs and Expenses. In the event of any arbitration or lifi g 415 the arbitrator or court shall award to the prevailin ~ioF relatin to this contr t 416 and legal fees. g P~3' all reasonable costs and ex eases including atto ei 417 21 • MEDIATION. If a dispute arises relating to this contras 418 reselved, the parties shall first proceed in good faith to submit the~martter to mad ationosMediatron i a 419 process in which the parties meet with an impartial person who helps to resolve the dispute informally d 420 confidentially. Mediators cannot impose binding decisions. The parties to the dispute must agree before 421 settlemem is binding. The parties will jointly appoint an acceptable mediator and will shaze equally in he 422 cost of such mediation. The mediation, unless otherwise agreed, shall terminate is the event the e 423 dispute is not resolved within 30 calendar days of the date written notice requesting mediation is sent by n 424 party to the other at the party's last known address. This section shall not alter any date in this contract 425 unless otherwise agreed. . 42G 12. EARNEST MONEY DISPUTE. (n the event of arty controversy regarding the Earnest Money 427 things of value (notwithstanding any termination of this contract or mutual written instructions), Earn 428 Money Holder shall not be required to take any action. Earnest Money Holder may await 429 at its option and sole discretion, intetplead all parties and deposit any money or things of vela nm ecou~ o 430. competent jurisdiction and shall recover court costs and reasonable attorney and legal fees. 431 23. .TERMINATION. In the event this contract is terminated, all payments and things of. v , u 432 received hereunder shall be r~trrned and the parties shall be relieved of all obligations hereunder, subject to 433 §¢ I Od, 21 and 22. 434 ~ 24. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved - 435 the Colorado Real Estate Commission.) 436 437 438 A~ See Exhibit A 439 ~. p. 10 r~ SELL REAL ESTATE (COMMERCIAL) Page 8 of ~Rpr 12 2006 12:31PM Law Offices Of Gary S. Co 3038639.595 ~~ s ~ 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 25, ENTIRE AGREEMENT, MODIFICATION, SURVIVAL. This agreement constitutes the contract between the parties relating to the subject hereof, and any prior agreements pertaining ih whether oral or written, have been merged and integrated into this contract, No subsequent modificati any of the terms of this contract shall be valid, binding upon the parties, or enforceable unless ma writing and signed by the parties. Any obligation in this contract that, by its terms, is intended performed after termination or Closing shall survive the same. Z6. NOTICE, DELIVERY AVD CHOICE OF LAW. a. Physics[ Delivery. Except for the notice requesting mediation described in § 21, except as provided in § 26b below; all notices must be in writing. Any notice to Buyer shall be effec when received by Buyer or by Selling Brokerage Firm, and any notice to Seller shall 6e effective t~ received by Seller or Listing Brokerage Firm. b. Electronic Delivery. As an alternative to physical delivery, any signed document written notice may be delivered in electronic form by the following indicated methods only:$$ Facsimil E-mail ^ None. Documents with original signatures shall be provided upon request of any party, c. Choice of Law. This contract and all disputes arising hereunder shall be governed by construed in accordance with the laws of the State of Colorado that would be applicable to Cole residents who sign a contract in this state for property located in Colorado. 1 Z7. NOTICE OF ACCEPTANCE, COUNTERPARTS, T1tis proposal shall expire unless accepU writing, by Huyer sad Seller, as evidenced by their signatures below, and the offering party recoives noti~ acceptance pursuant to § 26 on or before Acceptance Deadline Date (§ 2c) aad Acceptance Deadline 7 (§ 2c).w [f accepted, this document shall become a contract between Seller and Buyer.. A' copy of docume$t~may be executed by each party, separately, and when each party has executed a copy Ifiereof, copies taken together shall be deemed to be a full and.complete contract between the parties. Dale: Date: Town of Vail, a Colorado Municipal Corp. Buyer , by: Stanley Zemler Buyer Address: sad Address: 9ai1, Colorado 816 7 Phone No.: -~! 74_2106 Phone No.: Fax No.: 9 7 7 9-~ Fax No.: (NOTE:If this offer is being countered ar rejected, do not sign this document. Refer to § 28j Date: Wen Va artners p, , Date: Seller, by: Gary J. Miller, Manag ng Par trier Address: Post Office Box 1884 Dillon, Co ors o Phone No.: 97Q-469-7570 Fax No.: __ 970-46 -640 e~ Seller -. Address; Phone No.: Fax No.: 28. COUNTER; REJECTION. This offer is ^ Countered ^ Rejected. initials only of party (Huyer or Seller) who countered or rejected otter OF _ _ 492 Note: Closing Instructions sad Earnest Money Receipt should be signed on or before Title De 493 2c1. 494 495 496 BROKER ACKNOWLEDGMENTS, The undersigned Brokers acknowledge receipt of the Ea 497 Money deposit specified in § 4 sad, while not parties to the contract, agree to cooperate upon request 498 any mediation conducted under § 21. 499 CBS 2-7-04 CONTRACT TO BUY AND SELL REAL ESTA' 9of10 to! p.ll Rpr 12 2006 12: 31 PM Law Offices Of Gary S. Co 3038639595 . 500 The Selling Broker is a ^ Buyer's Agent O Transaction-Broker in this transaction. 501 i SOZ The Listing Broker is a ^ Seller's Agent ^ Transaction-Broker in this transaction. ~ 503 504 BROKERS' COMPENSAT[ON DISCLOSURE. 505 Sellin Broke - pe• I g rage Firm's compensation or comnuss~oa ~s to be ~d by D Llstiag Brokerage Rirm: . 506 D Buyer Q Other I - 507 ~ .. .., _ . 508 (To be completed by Listing Broker) Listing Brokerage Firm's compensation or commisslon'~s to~be paid y: ._ . , 509 D Seller ^ Buyer D Other ~ ~ , . 510 .;, ... ,: ,.. 511 A ~.,o ~ ~ 51 Z Selling Brokerage Firm's Name: 513 ~ 514 D1te; 515 Broker 516 Address: 517 Phone No.: Fax No.: ~ 518 519 520 Listing Brokerage Firm's Name: 521 522 Dnte; 523 Broker ~ I 524 Address: 525 Phone No.; Fax No.: e~ p. 12 , TO BUY ANO SELL REAL ESTATE (COM1IMERCIAL) Page 10 of 1 ~Hpr-12 2006 12:32PM ~~ Law Offices Of Gary S. Co EXHIBIT A TO 3038639595 CONTRAGT TO BUY AND SELL REAL ESTATE THE TOWN OF VAIL, A COLORADO MUNECIPAL CORPORATION AND WEND VAIL PARTNERSHIP, LTD. ("SELLER") DATED APRIL 12, 2006 1. To the extent of any inconsistency or conflict between the te! of ti Exhibit A and the terms of the Contract, the terms of this Exhibit A shall contr~ I 2. Buyer recognizes that Seller is not currently the record title o of tl subject real property. Rather, Seller is currently a lessee of that property, wit optic to put~se it, which Seller has .exercised. The closing date of this Contr hall I 120 days from the date Buyer approves this Contract, p obtains record title to the subject real roe rovided howev r, Sell closing date shall, upon agreement of the pa esp be moved to an earlier da? . ys; tl 3. This Contract is expressly contingent upon Seller obtainin re the subject real property within 120 days from the date of acceptance of this ~ title the Town of Vail. In the event Seller does not obtain record title to the u j ctcre property within said 120 days, then this Contract shall be null and void and ~. furthE effect, and all eamest money shall be returned to Buyer. In addition, in the ~v ; t of th failure of this contingency, Seller shall reimburse Buyer in the amount i ctuall incurred for the Phase II Environmental Assessment study and for title ~ surve expenses, in an amount not to exceed 'a total of $20,000. 4. This Contract is also expressly contingent upon the Buyer bei I tisfi with the Phase II Environmental Assessment, which it shall obtain at its so a st a expense (except as set forth in paragraph no. 3 of this Exhibit A). If B ~ i$ r .satisfied, then this Contract shall be null and void and of no further effe: _t, earnest money shall be returned to Buyer. nd t s ~:° The parties acknowledge that the purchase rice allocated as follows: $1,500, p being paid y uyer 000 for the land and building, and $50U;000 t r bur; Seller for various out of pocket expenses (including, by way of illustration I ,for t~ fees, landscaping, retaining walls, and signage), as well as for Seller's furnit ~ , ixtur~ and equipment. Buyer acknowledges, that the cash registers currently Ioc t in tl building are not owned by Seller, and are not included in this purchas ; d sa transaction. p. 13 Hpr 12 2006 12:32PM Law Offices Of Gary S. Co 3038639595 0 6• Upon closing, Seller shall lease back the property being trap; -Buyer for the period from the date of closing to March 3'l, 2007, at a monfi $6,000 per month, double net, which shall, be pro rated from the date of cl parties acknowledge that the Town of Vail is not liable to pay property taxe included in the monthly rental of $6,000 an allocation for what the property 1 ~_. have. been if owned by a private party and this was a triple net lease. 7• This contract is subject to Vail Town Council approval at the 2006cf~,qular meeting. 8• No real estate commission will be paid by or for the Town of 9. The earnest money will be delivered to Land Title within five d~ providing acceptable documentation showing ownership of the real property. TOWN OF VAIL WEND VAIL PARTNERS By: Stanley Zemler e ~,.o By: Gary J. Miller, Managing woul 1~ ~I 2 e e.o