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HomeMy WebLinkAbout2008-04-15 Support Documentation Town Council Evening Session ~ , VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCfL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, APRIL 15, 2008 NOTE: Times of items are approximate, subject to change, and o cannot be re{ied upon to determine at what time Council will consider an item. 1. ITEMITOPIC: Citizen Input. (10 min.) 2. ITEMITOPIC: Town Manager's Report. (20 min.) • Skate Park Update. Staff went to Minturn early last week to check out the skate park storage area, where the season's snowfall is quite evident. The skate park equipment and surrounding lot is buried. Therefore, staff has rescheduled the skate park set up by approximately 2 weeks. The current schedule foliows: ? May 12 Begin loading/hauling from Minturn to LionsHead > May 14 Hazard County Construction arrives to begin reassembly and Priority ! modifications ? May 30 Installation complete - skate park open • A,nnual Clean Up Day has been changed fram May 3 to May 10. . . Forest Health Update. 3. Pam Brandmeyer ITEM/TOPIC: Appointments to the Vai! Local Licensing Authority (LLA) and Vail Local Housing Authority (VLHA) boards. (5 min.) ACTION REQIJESTED OF COUNCIL: 1) Please interview the Local Licensing Authority (LLA) applicants to fill two (2)vacancies at the work session and appoint two people to the LLA board at the evening meeting (two year terms, expire May 31, 2010); and 2) Please interview the Vail Local Housing Authority (VLHA) applicant at the work session and appoint one applicant to the VLHA (term expires May 31, 2013) at the evening meeting i 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 sha11 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 two (2) applications for the vacancy. The Council needs to interview the applicants at the work session and then make the appointments to the LLA at the evening meeting. The applicants are: Kaye Ferry'' Bob McKown* *Incumbent board members 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 one of the following areas is also desirable: Financing of Large Projects, Development, Construction/Construction Management, Pianning, Design, or Legal. The Town received one application. The applicant is: Kim Newbury* '`Incumbent board member . ~ RECOMMENDATION: Appoint two people to the LLA, and appoint one person to the VLHA. 4. George Ruther 1TEMITOPIC: A presentation of possible next steps to be considered for the redevelopment of the Timber Ridge Village Apartments. (20 min.) ACTION REQUESTED OF COUNCIL: Engage in a discussion with town staff and the Timber Ridge Affordab{e Housing Corporation Board regarding possible next steps in the redevelopment of the Timber Ridge Village Apartments and inform staff on how the Town Council wishes to proceed with the ' redevelopment efforts. BACKGROUND RATIONALE: On March 18, 2008, the Vail Town Council concluded negotiations with OpeNHillwood and Lincoln Properties Southwest with regarding to a proposed plan to redevelopment the Timber Ridge Village Apartments. In concluding the negotiations, the Town Council instructed staff to return to the April 15, 2008 Vail Town Council meeting with a series of options or alternatives that the Town Council could consider in determining the next steps in the redevelopment of the Timber Ridge Village Apartments. 5. Nina Timm ITEMlTOPIC: Resolution No. 6, Series of 2008, Establishing the 2008 Employee Housing Fee-in-Lieu. (15 min.) BACKGROUND: On April 4, 2007, the Vail Town Council adopted Ordinances Nos. 7 and 8, establishing Chapter 23, Commercial Linkage, and Chapter 24, Inclusionary Zoning, Vail Town Code. In accordance with Sections 12-23-5 and 12-24-6, the fee-in-lieu for each employee to be housed and for each square foot of employee housing required shall be established annually by resolution of the Vail Town Council. ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution 6, Series of 2008. STAFF RECOMMENDATION: Staff recommends that the Vail Town Council approve Resolution 6, Series of 2008. 6. Judy Camp ITEM/TOPIC: Incremental Revenue from Property Tax. (30 min.) ACTION REQUESTED OF COUNCIL: listen to public input and discuss options for the use of incremental property tax collections expected in 2008. ' BACKGROUND RATIONALE: Staff expects property tax collections in 2008 to exceed the amount budgeted by $450,000 to $600,000. The attached memo provides background information, . ~ evaluation of options, and staff recommendation for potential use of the incremental revenue. STAFF RECOMMENDATIOPI: Staff recommends depositing the incremental property tax revenue into the General Fund along with aH other property tax as is our standard practice. The impact of this action will be to increase the fund balance (reserves) in the general fund at a time of uncertainty in the US economy and the real estate market. The annual budget process provides an opportunity to reassess the need to use fund baiance in the event of any future reductions in property tax or other revenue sources. 7. Scot Hunn ITEMITOPIC: A request to review a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to aUow for the development of the Cornerstone Site, located at 1276 Westhaven Drive. (PEC070055) (45 min.) . A request for tabling of first reading of Ordinance'No. 5, Series of 2008, an ordinance approving a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of the Cornerstone Site, located at 1276 Westhaven Drive. ACTIOFV REQUESTED OF COUNCIL: According to written requests from the applicant, LO Westhaven, Inc.; Staff requests the Council table the public hearing to consider first reading of Ordinance No. 5, Series of 2008, to their regular meeting of May 6, 2008. BACKGROUND RATIOfdALE: On January 28, 2008, the Town of Vail Planning and Environmental Commission voted unanimously to forward a recommendation for approval, with conditions, of an appfication for a major amendment to Special Development District No. 4, Vaif Cascade, pursuant to Section 92-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of the Cornerstone Site. (PEC070055) 8. Nicole Peterson ITEM/TOPIC: First reading of Ordinance No. 10, Series of 2008, repealing and re-enacting Ordinance No. 31, Series of 2007, Cascade Village, amending and re-establishing the approved development plan for Area A of SDD No. 4, pursuant to Article 12- 9A-10, Amendment Procedures, Vail Town Code, to allow for the construction of finro additions (deck enclosures) to the south side of Vail Cascade Hotel, located at 1300 Westhaven Drive/Cascade Village Subdivision, and setting forth details in regard thereto. (PEC080007) (30 min.) . i . ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 10, Series of 2008, on first reading. BAC9CGROUND RATIONALE: On March 24, 2008, the Town of Vail Planning and Environmental Commission recommended approval of the request. The proposed additions will expand the floor area of the existing Chap's Restaurant by 1,405 square feet and the existing library by 486 square feet, for a total of 1,891 square feet of additional enclosed space. In addition, this request includes an expansion of the Chap's Restaurant deck by 183 square feet and the addition of a staircase from the existing deck to the ground level patio and pool. STAFF RECOMMENDATION: Staff recommends that Town Council approves Ordinance No. 10, Series of 2008, on first reading. 9. Warren Campbell ITEMITOPIC: Resolution 9, Series of 2008, a resolution to amend Chapter 4, Recommendations - Overall Study Area and Chapter 5, Detailed Plan Recommendations, Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend those elements of the Master Plan referencing the North Day Lot recommendations and requirements to facilitate the redevelopment of the site with an employee housing project, transportation center, and future development site, located at 600 West Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (60 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution 9, Series of 2008. BACKGROUND RATIONi4LE: On April 14, 2008, the Planning and Environmental Commission forwarded a recommendation, to the Vail Town Council for amendments outlined in Resolution 9, Series of 2008. The purpose of the amendment would establish the basis by which the North Day Lot could be redeveloped with an employee housing project, transportation center, and future development site. PEC RECOMMENDATION: The PEC recommends the Vail Town Council Resolution 9, Series of 2008 (Heard by PEC on 04.14.08). 10. Greg Hall ITEMITOPIC: Resolution No. 10, Series 2008, a Resolution Matt Mire Approving the Intergovernmental Agreement and a Lease Befinreen the Town of Vail, Colorado and the Colorado Department of Transportation Regarding Sediment Control. Storage Areas on the North Side of Interstate 70 at Approximately M.P. 178-179; and Setting Forth Details in Regard Thereto. (10 min.) ~ ACTION REQUESTECI OF COUNCIL: Approve the draft IGA, and authorize the Town Manager to sign and enter into the IGA with CDOT in a form approved by the Town Attorney. BACKGROUND RATIONALE: The Town of Vail and CDOT are working towards expanding the sand storage berm in East Vail along the north side of 1-70, along Tract A of the W 13"' filing (Baid Mountain Area). {n order to complete the work, an Intergovernmental Agreement between the Town and CDOT must be signed. The work will be completed in two phases over the next 5 to 10 years. CDOT will be responsible for the construction of the East phase that is within the CDOT ROW and Tract A; and , the Town and CDOT wifl be jointly responsible for the West phase that is within CDOT ROW, Tract A, and an existing easement granted by the Bald Mountain Townhome Association to the Town. The purpose of the Berm is for Sand storage and it wilf provide aesthetic and noise mitigation to the surrounding neighbors. STAFF RECOMMENDATION: Approve the draft IGA, and direct the Town Manager to sign and enter into the IGA with CDOT in a form approved by the Town Attomey. 11. Greg Hall tTEMITOPIC: Resolution No. 12, Series 2008, a'Resolution Matt Mire Amending the Town of Vail Public Way Permit Fee Schedule. (10 min.) ACTIOId REQUESTED OF COUNCIL: Approve, amend or deny Resolution No. 12, Series of 2008. BACKGROUND RATI0NALE: On April 4, 2006, the Cauncil adopted Resolution No. 5, Series 2006 changing the Public Way Permit Fee Schedule from a flat fee to a rate scheduie which is relative to the impact of the street cut or use of the Public Way and which may be amended from time to time by resolution. The proposed amended Public Way Fee Schedule provides a Core Area Heated Streetscape fee and raises the application fee from $50 to $100. ~ STAFF RECOMMENDATI4N: Approve, amend or deny Resolution No. 12, Series of 2008. 12. Kathleen Halloran ITEM/TOPIC: Second Reading of Ordinance No. 7, Series of 2008, an Ordinance making suppfemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real estate Transfer tax Fund, Heavy Equipment fund, and Dispatch Services Fund of the 2008 Budget for the Town of Vail Colorado; and authorizing the expenditures of said appropriations as set forth herein; and setting forth details in regard thereto. (10 min.) r ) ACTION REQUESTED OF COUNCIL: Approve or approve with amendments the second reading of Ordinance No. 7, Series of ` 2OOV. BACKGROUND RATIONALE: To be provided in a separate memo. STAFF RECOMMENDATION: Staff recommends that the Town Council approves or approves with amendments Ordinance No. 7, , Series of 2008, upon second reading. 13. ITEMITOP9C: Adjournment. (10:25 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 6, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. . . ~ i I ~ ~ , , iViEMORANDUM TO: Town Council FROM: Stan Zemler, Town Manager Nina Timm, Community Development DATE: April 15, 2008 SUBJECT: Timber Ridge Redevelopment I. INTRODUCTION Timber Ridge Village Apartments was completed in 1981. At the time of completion a deed restriction was entered into between the property owner and the Town of Vail to ensure the units remained long-term affordable rental units for twenty years. The deed restriction expired in 2001, at which time the Town entered into a one-year extension of the deed restriction with the then current owner. During that year the Town explored numerous ways to ensure the property always provided affordable rental beds. It was determined that acquisition was the most certain way to ensure the property always provided at least 600 affordable rental beds. The Town of Vail acquired the Timber Ridge Village Apartments in July, 2003 via a friendly condemnation for $20,000,000. The Town of Vail immediately deed restricted the property to perpetually provide 600 affordable rental beds and then conveyed the property to the Timber Ridge Affordable Housing Corporation (TRAHC). Town Council initially sat as the Board of Directors for the Corporation. Today, the Board is made up of the Town Manager, Community Development Director, Finance Manager, Public Works Director and the Town Facilities Manager, II. FIPVANCIALS When Timber Ridge was purchased, TRAHC borrowed $20,585,000 for the acquisition. Today, there is outstanding debt of $21,965,000. Additional debt was incurred to cover the cost of mold remediation for the entire project. The majority of the debt, $19,025,000, is secured by a Letter of Credit held by US Bank. Additionally, the Town has a morale obligation to back stop any annual debt service shortfall. This debt has a variable interest rate and is callable at any time. This was done intentionally to facilitate future redevelopment. No principal payments have been made on this debt. Principal payments are scheduled to begin in 2009. There was a small second bond issuance of $1,560,000. This debt is amortized over 10-years. The Town of Vail originally loaned TRAHC $1,000,000 to fund the purchase of the property. This debt is due in 2033 and carries an interest rate of 1.5%. Per the loan note, the interest is accrued and not paid. The Town has loaned the corporation an additional $900,000 to fund the cost of mold remediation. The terms of the loans are the same. 1 In October, 2003, TRAHC entered into a multi-year lease with Vail Resorts on 139 units for $1,100 per month. This stabilized rents for the first year following mold remediation, but has hampered revenue growth in the long-term. The existing multi-year lease expires October, 2008, and it is TRAHC's intention to raise the rents on these units to the market rent for the rest of the property. This will improve monthly cash flow. Based on this the Board has adopted a 2008 budget that anticipates $328,813 dollars in positive cash flow. Looking forward, the Board hired Borne Engineering of Denver, CO to complete a physical audit of all of the buildings and identify repairs and replacement that have not been addressed, anticipating redevelopment. As redevelopment has not happened as quickly as predicted and based on the Borne Report, the board authorized the expenditure of $240,000 in 2007 to replace decking, deck rails and fencing throughout the property. Additionally, the board has approved the expenditure of $144,000 in 2008 to repair the driveway, paint the exterior of the buildings, and replace 33% of the windows. Bids are currently being received by the property management company for this work. The work is anticipated to begin as soon as the weather permits. This is all in addition to the regular repair and replacement budget approved by the Board. Significant capital expenditures are budgeted over the next number of years to address the issues identified in the Borne Report. Over a seven year period of time they include: ? Site Grading and Drainage Repair ? Foundation Repair ? Asphalt Repair ? Roof Repair and Replacement ? Window Replacement ? Exterior Painting A copy of the Board approved 2008 Budget as well as the 5-year capital plan has been attached to this memorandum. Based on this information, staff proposes to take a step back from evaluating proposals for redevelopment and instead establish parameters the Town would like to see achieved in a redevelopment scenario. III. RECOMMENDED NEXT STEPS Based on the numerous possibilities for the redevelopment of Timber Ridge, staff proposes the following actions are taken prior to any further proposals for redevelopment are accepted for review. Staff believes these actions will provide the best opportunity to set parameters by which Town Council could determine the best redevelopment scenario. Actions Steps: 1. Form a Timber Ridge Redevelopment Advisory Committee. The Committee will work with the Housing Authority and the community and advise the Town Council. a. Two members of Town Council b. Two members from the Vail Local Housing Authority c. Three members from the community at-large. 2 , e ~~i ~ a V~f N" u~N: L ~Atl i "~'S6` . ~ Tim6er Ritlge Redevelopmantc~ z a ~ a a~~ wsoryCommittee~ ~,•~.~§"a,~.a;~t '~a :4N^~'~ y~ - ~Towrt Sfaff„~ ~ ad local Housmg Autho~nkjr 'F 8'i, Y: ~~b~~.?~ x?• 2. The TRAHC Board, the Committee and the Housing Authority will conduct a SWOT analysis of the Timber Ridge Development. 3. Conduct an Employee Housing Needs Analysis. a. Staff recommends utilizing the 2007 Eagle County Housing Needs Assessment and previous work completed by RRC Associates for the Town of Vail 4. Prepare and adopt redevelopment goals and parameters to be used to evaluate development proposals. 5. Develop a Request for Proposals for site specific master planning services. 6. Select a consultant to provide site specific master planning services. 7. Complete a site specific master plan. 8. Town Council adopts a site specific master plan. 9. Issue a Request for Proposals to developers for implementation of the site specific master plan. Policy Questions to be Answered by the Committee and the Housing Authority: 1. Is maintaining long-term control critical? a. Does the Housing Zone District accomplish this adequately? b. Is permanent afFordability a goal? c. Is a land lease the best vehicle to achieve the goals? i. What is the desired length of time for a lease? d. Could a deed restriction permanently achieve the goals? 2. Who should be housed in a redevelopment of Timber Ridge? a. Does best meet the needs identified in the housing needs analysis? b. What impacts will this have the community? i. Positive ii. Negative 3 c. How will specific housing mixes impact local empioyers? i. Positive ii. Negative 3. Can the site practically be subdivided and redeveloped as multiple projects? a. Underground Utilities b. Retaining Walls c. Access d. . Safety e. Construction Cost Increases 4. If the site is subdivided: a. What is the cost of refinancing the remaining debt? b. What is the cost to subdivide the utilities? c. Will there be adequate revenue to support the outstanding debt? 5. What public financing options could the Town of Vail or the Vail Local Housing Authority bring to a redevelopment scenario? a. What are the benefits of these options? b. What constraints come with these options? 6. What publiE improvements should be included? Staff believes forming an advisory committee will allow these questions, and the others that will be raised in answering them, to be answered in the quickest and most efficient manner possible. Answering these types of questions will provide Town Council with real context to establish goals and parameters for the redevelopment of Timber Ridge. Within sixty days preliminary work could be complete. It is anticipated an advisory group will determine there are additional questions that need answering prior to establishing goals and this may take additional time. Taking the time to set the context for redevelopment will ultimately allow for a quicker and more thoughtful redevelopment process. The information gathered will place a context around what may or may not be achievable in a redevelopment of Timber Ridge and provide Town Council with the most complete information to make decisions. IV. ANTICIPATED TIME LINE Within 30 days the following steps will be completed: ? Form a Timber Ridge Redevelopment Advisory Committee . ? Conduct a SWOT analysis of the Timber Ridge Development ? Conduct an Employee Housing Needs Analysis Within 60 days the following steps will be completed: . ? Adopt redevelopment goals and parameters to be used to evaluate development proposals ? Develop and issue a Request for Proposals for site specific master planning services 4 Within 90 days the following steps will be completed: ? Interview consultants to provide site specific master planning services Within 120 days the following steps will be completed: ? Select a consultant to provide site specific master planning services ? A contract will be executed with the selected consultant V. ACTION REQUESTED OF TOWN COUIVCIL 1. Instruct staff to form the Timber Ridge Redevelopment Advisory Committee. The Town Manager will appoint the three at-large members. 2. Appoint two members of Town Council to serve on the committee. 3. Appoint the Vail Local Housing Authority to act as advisors for Timber Ridge's redevelopment. 4. Provide staff with additional questions Town Council would like answered regarding Timber Ridge. VI. ATTACHfViENTS 1. 2008 Operating Budget (Adopted by the TRAHC Board in November of 2007) 2. Seven Year Cash Flow Projections (Prepared by Corum, as the property manager) 3. Borne Engineering Report 5 - TIMBER RIDGE VILLAGE 2008 OPERATING BUDGET , . .~s . ; ~ s~ ~ ~y Y vm} X ~F A~E.~ V ' 3 1 :rRN~U ,l~y,y~~.F17=~a.' >"O ~'a~.. ^^%dik~~ rk, qPERA7ING INCOME 4001 Gross Possible Rents $232,990 $232,990 $232,990 $232,990 $232,990 _ $232,990 $232,990 $232,990 $232,990 $270,750 $273,250 $273,250 $2,914,160 4005 Vacancies/Lost Rent ($1,345) ($1,345) ($1,345) ($8,070) ($12,105) ($12,105) ($12,105) ($12,105) ($6,725) ($40,625) ($40,375) ($40,375) ($188,625) MonthlyRent $231,645 $231,645 $231,645 $224,920 $220,885 $220,885 $220,885 $220,885 $226,265 $230,125 $232,875 $232,875 $2,725,535 4040 RentConcessions $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 4070 Laundry Income $3,555 $3,555 $3,555 $3,555 $1,495 $1,495 $1,495 $1,495 $1,495 $3,555 $3,555 $3,555 $32,360 4085 Miscellaneous Income $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 4090 Late/NSF Fees $25 $25 $25 $25 $25 $25 $25 $25 $25 $25 $25 $25 $300 4125 Employee Apartments ($2,000) ($2,000) . ($2,000) ($2,000) ($2,000) ($2,000) ($2,000) ($2,000) ($2,000) ($2,000) ($2,000) ($2,000) ($24,000) 4140 ReletFees $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 . , . - .a , , ~ . ~ _ ~ -~aF~~ ~ as,.~ ~ r. ~ : a; ~ . . . , ~ ~ ~;~t` . r''~~~~ , . } ~ ~ T . . > Y , ~ ,w. ' < . s w a ~ s'? e , , ,..r ~ T., . =fF.~ ~ <.,s,, . ~ . . , .y , . , , , , . : . . . ~ , . ~f, , C _ r e . . . ' , , • t A"f' . '€t . E~fn~, . : , . . . . . . l...i . 3 x. : b* F~ , t . „ . . . 4 . P . . , , l< ~7~~ , t.~ , ~ M . . .f... ~ ;F 1J~ .~..w~~H°, , a. . . , . , s,A.z~` f ; ~ ' ` +i r;:d.'~.~ i ~':W. .F:i~iJ ~~Jrr., i~2 . ..i3U. <<Y~. f{~ .....t ~ ..r. . 3~ s . A , t OPERATING EXPENSES ADMINISTRATIVE 5110 Advertising/Promotion $0 $0 $0 $300 $300 $300 $300 $300 $300 $0 $0 $0 $1,800 5120 Auto Expense $150 $150 $150 $150 $150 $150 $150 $150 $150 $150 $150 $150 $1,800 5121 Meals $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $600 5122 Lodging $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 5125 Marketing $25 $25 $25 $25 $25 $25 $25 $25 $25 $25 $25 $25 $300 5130 CreditChecks $0 $0 $0 $50 $50 $50 $50 $50 $50 $0 $0 $0 $300 5135 Management Fee $7,250 $7,250 $7,250 $7,250 $7,250 $7,250 $7,250 $7,250 $7,250 $7,250 $7,250 $7,250 $87,000 5140 Office Expense $425 $425 $425 $425 $425 $425 $425 $425 $425 $425 $425 $425 $5,100 5145 Printing/Copying $225 $225 $225 $225 $225 $225 $225 $225 $225 $225 $225 $225 $2,700 5150 Postage $125 $125 $125 $125 $125 $125 $125 $125 $125 $125 $125 $125 $1,500 5160 LegalFee's $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 5165 Telephone/Fax $525 $525 $525 $525 $525 $525 $525 $525. $525 $525 $525 $525 $6,300 5170 Dues/Subscriptions/Training $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 5175 8anking Fee's $15 $15 $15 $15 $15 $15 $15 $15 $15 $15 $15 $15 $180 5398 Parking Expenses $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL ADMINISTRATlVE $8,790 $8,790 $8,790 $9,140 $9,140 $9,140 $9,140 $9,140 $9,140 $8,790 $8,790 $8,790 $107,580 PAYROLL 5220 Administrative Wages $2,400 $2,400 $3,865 $2,400 $2,400 $2,600 $2,600 $2,600 $2,600 $2,600 $2,600 $2,600 $31,665 5230 MaintenanceWages $11,250 $11,250 $18,295 $11,250 $11,250 $11,812 $11,812 $11,812 $11,812 $11,812 $11,812 $11,812 $145,979 15240 Cleaning Wages $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 5250 Landscaping Wages $1,300 $1,300 $1,300 $1,300 $0 $0 $0 $0 $0 $0 $1,300 $1,300 $7,800 TOTAL PAYROLL $14,950 $14,950 $23,460 $14,950 $13,650 $14,412 $14,412 $14,412 $14,412 $14,412 $15,712 $15,712 $185,444 " Date Printed - 4/9/2008 - 9:44 AM Page 1 File Name - TRA 2008 Budget (RG 10-31) TIMBER RIDGE VILLAGE. 2008 OPERATING BUDGET p",, b* zt.. a . ~ 'sr a..,{~,~,k_' ? v.~. ~x~<.9' 'k,,' &J~ ~ry L ,~j,. ,g. ''a ~,~y'i•z as r i y t"~: ~'s~ ..s. f m~u ..,...,.,~Y.. ...•':~,3 k a . .s'3n.~ Y, ...vc . N. +tik'^ , a qs . .....6ei d,~+8:3$;. " HVACIPLUMBING 5315 HVAC Repairs $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $600 5320 HVAC Supplies $50 $50 $50 ' $50 $50 $50 $50 $50 $50 $50 $50 $50 $600 5345 Plumbing Repairs $867 $867 $867 $867 $867 $867 $867 $867 $867 $867 $867 $867 $10,404 5350 Plumbing Supplies $700 $700 $700 $700 $700 $700 $700 $700 $700 $700 $700 $700 $8,400 TOTAL HVAC/PLUMBING $1,667 $1,667 $1,667 $1,667 $1,667 $1,667 $1,667 $1,667 $1,667 $1,667 $1,667 $1,667 $20,004 GROUNDS 5610 Contract-OutdoorPlant $0 $0 $0 $0 $1,500 $1,500 $1,500 $1,500 $1,500 $0 $0 $0 $7,500 5820 Trash Removal $1,525 $1,525 $1,525 $1,525 $1,525 $1,200 $1,200 $1,200 $1,200 $1,200 $1,525 $1,525 $16,675 5625 Snow Removal $1,800 $7,000 $7,000 $1,800 $0 $0 $0 $0 $0 $0 $1,800 $1,800 $21,200 5630 Sweeping/Striping $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 5645 PestControl $75 $75 $75 $75 $75 $75 $75 $75 $75 $75 $75 $75 $900 5655 Grounds Equipment $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 $1,200 TOTAL GROUNDS $3,500 $8,700 $8,700 $3,500 $3,200 $2,875 $2,875 $2,875 $2,875 $1,375 $3,500 $3,500 $47,475 GENERAL REPAIR/MAINT. 5325 Electrical Repairs $150 $150 $150 $150 $150 $150 $150 $150 $150 $150 $150 $150 $1,840 5330 Electrical Supplies • $200 $200 $200 $200 $200 $200 $200 $200 $200 $200 $200 $200 $2,400 5355 Interior Repairs $0 $0 $0 $0 $25,000 $25,000 $0 $0 $0 $0 $0 $0 $50,000 5365 Maintenance/Repair Supply $700 $700 $700 $700 $700 $700 $700 $700 $700 $700 $700 $700 $8,400 5367 DoodWindow Repair/Maintenance $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $600 5370 Misc. Repairs & Mairitenance $500 $500 $500 $500 $1,500 $1,500 $1,500 $1,500 $1,500 $1,500 $500 $500 $12,000 5375 Maintenance Equipment $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 5380 Painting Supplies $150 $150 $150 $150 $150 $150 $150 $150 $150 $150 $150 $150 $1,800 5383 Painting Labor $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 5385 Appliance Maintenance $1,200 $1,200 $1,200 $1,200 $1,200 $1,200 $1,200 $1,200 $1,200 $1,200 $1,200 $1,200 $14,400 5387 CarpeUBlindNinyl $200 $200 $200 $200 $200 $200 $200 $200 $200 $200 $200 $200 $2,400. 5395 Uniforms $0 $0 $400 $0 $0 $0 $0 $0 $400 $0 $0 $0 $800 5720 Locks $150 $0 $150 $0 $150 $0 $150 $0 $150 $0 $150 $0 $900 5760 01her Fire & Lifie Safety $0 $0 $400 $0 $0 $2,950 $0 $0 $400 $0 $0 $300 $4,050 TOTAL GENERAL REPAIR $3,300 $3,150 $4,100 $3,150 $29,300 $32,100 $4,300 $4,150 $5,100 $4,150 $3,300 $3,450 $99,550 UTILITIES 5405 Cable Costs $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 5410 Electrical - Common $4,400 $4,400 $4,000 $3,400 $950 $950 $950 $950 $950 $1,200 $2,400 $3,400 $27,950 5420 Electrical - Vacant $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 5440 Gas - Units $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 5450 Water/Sewer $9,900 $9,990 $8,550 $8,400 $7,625 $9,800 $8,575 $8,550 $9,170 $9,170 $9,170 $9,170 $908,070 TOTAL UTILITIES $14,300 $14,390 $12,550 $11,800 $8,575 $10,750 $9,525 $9,500 $10,120 $10,370 $11,570 $12,570 $136,020 Date Printed - 4/9i2008 - 9:44 AM Page 2 File Name - TRA 2008 Budget (RG 10-31) , . TIMBER RIDGE VILLAGE 2008 OPERATING BUDGET ~z . . . . . r•.+Q:ki . . •.z.s u ~ KP ~ ; . ~ ; ~ ~FEB_ A~R=~t.~. JANITORIAL 5510 Janitorial Labor/Contract $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 5520 Janitorial Supplies $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $600 5530 CarpeUDrape Cleaning $225 $225 $225 $225 $225 $225 $225 $225 $225 $225 $225 $225 $2,700 TOTAL JANITORIAL $275 $275 $275 $275 $275 $275 $275 $275 $275 $275 $275 $275 $3,300 OTHER EXPENSES 5810 RealProperty Taxes $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 5820 Personal Property Taxes $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0, $0 $0 5830 Property Insurance $10,476 $10,476 $10,476 $10,476 $10,476 $10,476 $10,476 $10,476 $10,476 $10,476 $10,476 $10,476 $125,712 TOTAL OTHER EXPENSES $10,476 $10,476 $10,476 $10,476 $10,476 $10,476 $10,476 $10,476 $10,476 $10,476 $10,476 $10,476 $125,712 « . . w,;. . . . . . 4,.=.., . ~ M-7 ~s.~^ x z,.,-a~ ~ . . . ,,h," '.vv.~,.~° r,s~.. » , ~.3 ~~r~ w,..nc,~.~,._. . . . r.. 7 G ~ a ~5,5 ' ATIN~F~~1~=~$~C~~,95.8~~ 76,.3~ ~d.95,,...x 5.4~O5 . ,,..~6~~;t5~~,~,._.• r , ~..,,d, AL,~._. a , ..x_._._.,_ ~ . _ ..w ~ s . p 3 a.~: . x~ ~ d~" .>.r~.'3?": q, k a'~E3I~"~ , ?o x~ . v".~:• ro.. $ 7..>~NO . , k : ~ 1 3" T1>f! G ~'315 $1,78 01 . $l 009~1~~,p_ ERA a ,,.a~" ~~~9,67. . P,7~,0;8~7, $~1,,.,.~~'~ ~_x OWNER EXPENSE 6105 LegalFees $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 6110 Accounting/Audit $0 $0 $3,000 $3,250 $0 $0 $0 $0 $0 $0 $0 $0 $6,250 6115 Trustee Fees $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 6117 Bad DebtExpense $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 6118 Lease/Vehicle Costs $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 6160 Other OwnerExpenses $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 6151 Mold Remediation $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL OWNER EXPENSE $0 $0 $3,000 $3,250 $0 $0 $0 $0 $0 $0 $0 $0 $6,250 INTEREST INCOME 8105 interest Income - Misc. $2,022 $2,022 $2,022 $2,022 $2,022 $2,022 $2,022 $2,022 $2,022 $2,022 $2,022 $2,022 $24,264 TOTAL INTEREST INCOME $2,022 $2,022 $2,022 $2,022 $2,022 $2,022 $2,022 $2,022 $2,022 $2,022 $2,022 $2,022 $24,264 , . ~ s~, „ , . ....fr:,~, y,. .,..'k- .S ~''e.: • y.•u~#~ y ~"a r a a . . :r r ~ ~ , . GASH FL W AUAIL.A~LE ~ ~x,.z,. , ~ ° : , ....c.... c. i, ..h , `~tt. . ._.«-y», . e et-«..~ .S°....,.N . . . . 's`~'' vs:.,x'~ .t. ..x. -ir. ,k.«... ~i . ..:w,~. , c~'..._,.e,. . . .n.~ .._.a._r.e_t%~'..Y~'~:,,...~. ~ . . : c;b,•,, , . 3.. . : . . . . } . . . . ~ x , ~ . , . ~ ~ , ..y ~ £ FQRtDEB~TjSERI.C~~~<~~ : ~~v e~ Date Printed - 419/2008 - 9:44 AM Page 3 File Name - TRA 2008 Budget (RG 10-31) TIMBER RIDGE VILLAGE 2008 OPERATING BUDGET v ^~fi r~ , . , , , . ~001 . . * R y "t3 ~ AA~.,, , ~F~~ ~j,.. ~ .-M'~< INTEREST EXPENSE 6165 Letter of Credit Fees $60,023 $0 $0 $60,690 $0 $0 $61,357 $0 $0 $61,357 $0 $0 $243,427 6170 Financing Fees $0 $0 $0 $5,864 $0 $0 $5,929 $6,054 $0 $5,994 $0 $0 $23,841 6203 MISC Interest Expense $2,375 $2,375 $2,375 $2,375 $2,375 $2,375 $2,375 $2,375 $2,375 $2,375 $2,375 $2,375 $28,500 6205 Interest Expense - Series A $87,198 $87,198 $87,198 $87,198 $87,198 $87,198 $87,198 $87,198 $87,198 $87,198 $87,198 $87,198 $1,046,376 6210 Interest Expense - Series B $5,417 $5,417 $5,417 $5,417 $5,417 $5,417 $5,417 $5,417 $5,417 $5,417 $5,417 $5,417 $65,004 TOTAL INTEREST EXPENSE $155 013 $94 990 $94 990 $161 544 $94 990 $94 990 $162 276 $101 044 $94,990 $162,341 $94,990 $94,990 $1,407,148 . . a>, . v ~-~«.r.•»„~±... . .;.r . . ~ < -a' :r, M-3 . i r+t • 'r N ~ `.~'~'^Y-~, $ ~ ~?a:~~' ,~I r~~j 4 ..<c~ ~ . , ~ » ~ , t~3~~,~.; l. ;'S, : : E',,. . .m.~~ G'~` Y~ --:a 67 ~a~ ~ .'e~5'.. ' ? ~~F ~I ~..U~~ ' ~ ' da. ' ."afi~ . ' I410T~xAT° . ~ ~~35,~~ ~187_0 $,4',5 ~8~.'~ DEPRECIATION 8 AMORT. 6470 Amortization $6,583 $6,583 $6,583 $6,583 $6,583 $6,583 $6,583 $6,583 $6,583 $6,583 $6,583 $6,583 $78,996 6480 Depreciation Expense $43,551 $43,551 $43,551 $43,551 $43,551 $43,551 $43,551 $43,551 $43,551 $43,551 $43,551 $43,551 $522,612 TOTAL DEPR/AMORT EXP $50,134 $50,134 $50,134 $50,134 $50,134 $50,134 $50,134 $50,134 $50,134 $50,134 $50,134 $50,134 $601,608 Biro pY . . a,.,., ; .'.,,r., r, ~ :~Y'~, `.F. . ; k s ii~'. d. ;T.!~I . ~~fx ~.id~.r ,'',i . :':k.. .2~ ~jY41T....1177,h` W~. ~ . W.T! . ^~~Z2+_ , . CASH FLOW Add Back Depr. and Amort $50,134 $50,134 $50,134 $50,134 $50,134 $50,134 $50,134 $50,134 $50,134 $50,134 $50,134 $50,134 $601,608 Town of Vail Loan $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 LOC Fee $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Add Back accrued Int - TOV loan $2,375 $2,375 $2,375 $2,375 $2,375 $2,375 $2,375 $2,375 $2,375 $2,375 $2,375 $2,375 $28,500 Bond Resrve Fund $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Replacement Reserve Fund $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Rate Cap Escrow Fund ($45,000) ($45,000) Replacement Reserve-Expenses $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Replacement Res-Withdrawals $0 $0 $0 $0 $0 , $0 $0 $0 $0 $0 $0 $0 $0 Replacement Reserve-Deposits $0 $0 $0 $0 $0 $0 $0 ($101,295) $0 $0 $0 $0 ($101,295) Principai (Series B Bonds) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 ($155,000) ($155,000) CASH FLOW ADJUSTMENTS $52,509 $52,509 $52,509 $52,509 $52,509 $52,509 $52,509 $93,786 $52,509 $52,509 $52,509 $102,491 $328,813 i . . . . . . . . . . w.u 3 ,F: . , : . , F. ~ 5,,... 744 ~ $6 ,S'l 8 . ~ . ~:L Date Printed - 4/9/2008 - 9:44 AM Page 4 File Name - TRA 2008 Budget (RG 10-31) . . TIMBER RIDGE VILLAGE ANNUAL CASH FLOW PROJECTIONS . , . _ . ; . . . . . _ a : ,,..w;- , <-a,. w-.. w» ~ ,n..: ...,,c ~ - .~,.n • . 5y.~s r~?r~'+1•K. ac~ . "~c;,, , - ~,zuc~ ~.:~;{v^ : . . . . . , n , ,~•,v~~~~~~ a~,.u:~~.,r.:: v:.. OPERATING INCOME Monthly Rental Income (1.25% rent increase per year) $2,758,200 $2,914,160 $3,279,000 $3,319,988 $3,361,487 $3,403,506 $3,446,050 $3,489,125 Vacancies (5% average) ($92,288) ($188,625) ($163,950) ($165,999) ($168,074) ($170,175) ($172,302) ($172,302) Other Income (1.25% increase each year) $16,935 $8,660 $8,768 $8,878 $8,989 $9,101 $9,215 $9,330 a . . ~ . . , , ; 3 3.~3~.3•8`}8 3~16 868<. <T $3,202,~0:~., w . ~5~~242;432.~~;~ .~~.$3;282,~82~-~ $3;326,~ ~ CiP..~RA NG~~NCt7M,; A: M~.s:. ~~$~,fi83,$~~....~~°,$2,73et.1.8 3... . , , . _ . OPERATING EXPENSES (3% increase per year) Administrative $110,875 $107,580 $110,807 $114,132 $117,556 $121,082 $124,715 $128,456 Payroll $191,200 $185,444 $191,007 $196,738 $202,640 $208,719 $214,980 $221,430 HVAC/Plumbing $17,500 $20,004 $20,604 $21,222 $21,859 $22,515 $23,190 $23,886 Grounds $31,250 $47,475 $48,899 $50,366 $51,877 $53,434 $55,037 $56,688 Repair & Maintenance $96,865 $99,550 $102,537 $105,613 $108,781 $112,044 $115,406 $118,868 Utilities $135,600 $136,020 $140,101 $144,304 $148,633 $153,092 $157,684 $162,415 Janitorial $3,458 $3,300 $3,399 $3,501 $3,606 $3,714 $3,826 $3,940 Other Expenses ' $146,229 $125,712 $129,483 $133,368 $137,369 $141,490 $145,735 $150,107 . . . _ . _ „a;...„ .-s.v. ....z._ _ .ta_. ua;: r%. :,.d}+". "gt^ ~s'%:i:' '~:h, tr"ST..t;.~`, , i~'~''.§~~'~lh•t.;... a:::,ax.e.,a, ay- ,:z~~:,;.:'~3'~q ~s~, a~ ,4 ~ ' ';~x: ~s'Y~ ~ks K~°"~ h~ ~;~z ..r~`i~;~`x,- . ~,,,:.t. _a~:' , ~v_ :5~~#sa'~cw:`.~,R t•s;` , ~s, . , 4 . '~.,,.,'~.Z'F'~° '„~~,~x..,.` r • . . s in, k r & . . Y 4` F~, p , . . . ~ a . ~'r2 , `.:r . 3QI?~1~A~~~CI~ENS~S • a .~~.:~~m- . ~ ~7~2,977u.s.t. Ms,~ . $,T,~~a~Q$5,.. .~~$7,4~~638~< ~ ~;.~~76, ~ $ P$.., w. ~ . y, a . . . _ . , .5. . . . . . , , u . . . . . . . . .~"r`+~:..s r s::,.<,:..~ .3.. , ~~.s a~ ~ . ~ . " C~G~ti1CdM 009'1 .p . a ~ 3:7& 98;1, .u.~$2,39362~~~, E ~U82~~,, ~ .`~.Owner Expense ($259,720) ($6,250) ($6,438) ($6,631) ($6,830) ($7,034) ($7,245) ($7,463) Interest Income $25,580 $24,264 $24;264 $24,264 $24,264 $24,264 $24,264 $24,992 interest Expense SeriesA ($1,031,457) ($1,046,376) ($1,046,376) ($1,046,376) ($1,046,376) ($1,046,376) ($1,046,376) ($1,046,376) Interest Expense Series B ($73,309) ($65,000) ($55,312) ($46,250) ($36,562) ($25,000) ($12,812) Interest Expense Misceilaneous ($301,583) ($295,768) ($295,768) ($295,768) ($295,768) ($295,768) ($295,768) ($295,768) Add Back TOV Accrued Interest $28,500 $28,500 $28,500 $28,500 $28,500 $28,500 $28,500 $28,500 Principal Payments Series A $0 $0 ($405,000) ($430,000) ($450,000) ($450,000) ($450,000) ($475,000) Principal Payments Series B ($140,000) ($155,000) ($145,000) ($155,000) ($185,000) ($195,000) ($205,000) $0 Rate Cap Escrow ($45,000) ($45,000) ($45,000) ($45,000) ($45,000) ($45,000) ($45,000) ($45,000) Replacement Reserve Deposits ($98,340) ($101,295) ($104,334) ($107,464) ($110,688) ($114,008) ($117,429) ($120,952) Reduction in AP ($60,000) . . . . _ . , s ,w.,.. ~ ~ . „w.. , ~ ~ ~~~s~ - .r• .:~~,,;n-,.-,~~,y•~'~~..:.,..M~ LOSSY~hF.,.s. ~,.~_:~:<:.n..a. ~ , e a ~ . . . ~ _ . r ~ Y.. . ~ g. ,g . : . 3~6 ~52. x '~~523;29,7~ NG.O NET~I . :.a~~.~~~,~,.`~,~~,,~ . . , . , „--Mr .„M a Gr.:;:,e :-;r. .,~v:<::.?~ r.r :i ~ . , m, ~r ;~R', ' : ~R . : ....~',~E"> .,mT~: ~,'~.a...'~ ~ ' sS~ . ~r,,, .u~„ ~~4:e. ~ . y.. Sq. 5 . .`s... ~ ,~~F9.%~"^n,_. ' :a~~ . ~ ~ . .t+..~... ,s.. . . ,s. . ,+..v_ . ...r~ ~ `~...y." ..,Ta. . a ~ . ~,142~, > ~ ,;1 268•'7B5s :~~Sfi9~6&~ $1.;885,2Q$1;792~06 £iJM91fl U~:ATl~E~.~ET~tNCOM~ ~:G~SS} 41,7~28,,c..;~ . .~$668,243 982.,~~$. Date Prinled - 418I2008 File Name - TRA Cash Flow Projections (2007-2014) I IIYIDCI[ RIUVC VILL/1VC ANNUAL CASH FLOW PROJECTIONS mr~~c. ~.vk r~.,.:,;=x.'x~ rr' .r.~. s p? , rF ~i i, . . L ~ .,b~ ~ , 3 :t rL 1 u,~'•;` ,s ~ . r.[±n 1.~Cfa ~ ~ ~ r .,,sr nry :a~«- 1. x 1 -s=~` ~2 '12' ~ ~ a~ ~ ; ~vivV~~•~~ '.I::vN ~1Q~ Y». .~,A ~ L,!S., REPLACEMENT RESERVE FUNDING/EXPENDITURE Replacement Reserve Balance as of 12131107 $298,000 Required Replacement Reserve Contributions $101,295 $104,334 $107,464 $110,688 $114,008 $117,429 $120,952 $124,580 Replacement Reserve Expenditures $0 $144,000 $206,500 $117,935 $233,973) $237,617) $112,500 $145,500) Year End Reserve Fund Balance $399,295 $359,629 $260,593 $253,345 $133,381 $13,192 $21,644 $724 , REPLACEMENT FUND EXPENDITURES Floor Covering Replacement $0 $0 $0 $0 $0 $0 $0 $0 Appiiance Replacements ' Site Grading / Drainage $112,500 $112,500 $112,500 $112,500 Foundation Repairs ~ $33,000 Asphalt repair, seal coating & restriping $0 $30,000 $0 $0 $0 $0 $0 $0 Roof Repair/ Repiacement $0 $0 $65,000 $66,950 $68,959 $71,027 $0 $0 Siding Repair / Replacement $0 $0 $0 $0 $0 $0 Window Replacement $0 $22,000 $49,500 $50,985 $52,515 $54,090 $0 $0 Exterior Painting $0 $92,000 $92,000 $0 $0 $0 $0 $0 ITotal Replacement Reserve Expenditures $0 $144,000 $206,500 $117,935 $233,973 $237,617 $112,500 $145,500 All costs above are based on Borne Engineering's Report with the exception of the siding rep/acement expense that was projected to cost $1, 950,000 Dale Printed • 4/8/2008 File Name - TRA Cash Flow Projections (2007-2014) , ' , kra"', ~ ,'&NG9N1EER1NG'm August 16, 2007 PerFormance Reborn. VIA E-MAIL Ms. Nina Timm Town of Vail NTimmCa)vailqov.com Re: Property Condition Evaluation for the Timber Ridge Village Vail, Colorado Dear Ms. Timm and Associates of the Community: Thank you for the opportunity to provide professional engineering evaluation services. We prepared this property condition evaluation for the building components on the property currently referred to as Timber Ridge Village. The purpose of the evaluation was to evaluate the components to determine if there are deficiencies or potential deficiencies that will affect the continued operation of the facility. 1.0 Project Understanding Timber Ridge Village is comprised of 16 buildings housing 200 condominium-style units located at 1280 N Frontage Road West in Vail, Colorado. The site consists of asphalt parking and driving areas, concrete flatwork, retaining walls and common fencing. The buildings envelopes consist of wood siding, stairwells, and asphalt shingle roofing. 2.0 Scope of Services The site and building components were observed and evaluated by a Professional Engineer (State of Colorado), and Exterior Building Consultant and a Construction Compliance Specialist. The areas include the following: s Topography, Grading and Drainage s Paving • Flatwork s Structural • FaSade s Roofing We were escorted around the site by representatives from Corum Real Estate Group, whom we were informed is managing the property for the Town of Vail. The report will describe the component observed and will state our opinion of its condition. The assessment will include inspection and analysis of the major maintenance, repair or replacement tasks associated with the above mentioned components which normally involve significant expense or outside contracting. 1130 WESi 124TH AVENUE $UI'fE 100 WESTMINSTER, CoLoRnoo 80234 TEL 303/426 1731 FAX 303/426 1732 BORNENGINEERING.COM Timber Ridge If an item involves a threat to the immediate health and safety of the public, it will be noted as an immediate action. Components that have exceeded their useful life or need immediate repair or maintenance will also be noted as an immediate action. General improvement recommendations will be provided. Executive Summary After reviewing the site and building components at the site it is our opinion that many of the components need attention within the near future. The flatwork, roofs, siding, railings, stairwells, decking, windows and trash enclosures are an immediate concern. There will most likely need to be some repair, maintenance or replacement work performed on these in the relatively near future. 3.0 Property Condition Report A. Topography, Grading and Drainage A1. Building Drainage d~ Location: The property utilizes slope in the immediate vicinity of the buildings to control surface drainage. Description: The material in the immediate vicinity of the buildings consists of concrete flatwork, earthen or landscape materials. Comments: There are many areas adjacent to building foundations that are low sloped or ne9ativelY sloPed awaY• Most 9eotechnical engineers recommend a slope of at least 10% away within the first 10 feet from a foundation The lack of drainage most likely lead to the premature deterioration of concrete flatwork and the subsidence of earthen materials in areas. We noted areas of subsidence under several slab on grade walkways adjacent to buildings. We also noted uncontrolled roof drainage that has lead to subsidence of earthen materials in several areas. We also noted damage of flatwork and lower wood siding/trim areas as the result of uncontrolled roof drainage. . Bomengineering Page 2 of 15 Property Condition Report Timber Ridge We noted that some of the interior open flatwork areas, within the footprint of the buildings, have poor slope. Many of the breezeways and ground level landings have extensively damaged concrete flatwork, structural columns, stairways, siding and trim due to the lack of proper drainage. Many of these conditions are not an immediate threat but are contributing to the premature deterioration of the components mentioned above. However, much of the resulting deterioration has resulted in difFerential edges that can be trip hazards. Also, the improperly . sloped areas most likely ice up in the winter. 0-A ~ Recommendations: In the next 0 to 2 years we would recommend alleviating the trip hazards. This will most likely entail re-grading the subsided earthen areas and replacing extensively damaged concrete. In the 3 to 5 year range, we would recommend performing a major drainage improvement project that would address the improperly sloped concrete flatwork and the remaining improperly graded earthen areas as well as the roof drainage problems. lJseful Life: 0- 2 years for trip hazards. 3- 5 years for major drainage grading and drainage improvement project. Opinion of Probable Cost: 0- 2 years - minor regarding and trip hazard repair estimated at $6,000. 3- 5 years - major grading and drainage improvement to the earthen and flatwork areas estimated at $450,000. A2. Site Drainage Location: General site. Description: The property utilizes surFace sheet drainage. The site is generally sloped north to south. The drainage is directed to the front (south) of the property to a drainage swale along the Interstate 70 frontage road. The roadways use concrete drain pans and curbing systems to direct moisture in several areas. We did not note any site subsurface drainage systems on the site. Bomengineering Page 3 of 15 Property Condition Report Timber Ridge Comments: The site drainage is in fair condition and appears to generally control moisture. We did note any areas of major concern at this time. Recommendations: We recommend that an annual walk through be conducted to observe the site drainage. Soil subsidence is common in the area and the drainage can be affected. Useful Life: No immediate concerns and no foreseen major expenditures in this area. B. Roads and Parking Areas B1. Asphalt Systems Location: Roadways and parking areas on the ProPertY• Description: The majority of the system is unbound asphalt on grade. There are a couple of sections that are bound by concrete drain pan, curb/gutter or walkway. The asphalt is swaled in many areas and directs moisture to center drain pans. The asphalt has most likely been overlaid since the original placement. Comments: The asphalt is in fair condition with some areas of concern. We noted several large potholes in the driving areas that appear to be the result of moisture infiltration and then freeze thaw cycles. There is an extensive amount of full depth cracking throughout the asphalt areas. The aggregate in the asphalt mat is showing at most surfaces. This is all indicative of the asphalt approaching the end of its useful life as the asphaltic binder has baked out of the mat. The asphalt striping is faded in most areas and is approaching the end of its useful life. Asphalt striping in this area has a relatively low useful life due to climatic influences and snow/ice removal efforts. Recommendations: We recommend repairing the potholes in the near future. We also recommend crackfilling and sealcoating the asphalt to prevent additional moisture from migrating to the subsoil's and leading to additional damage. The asphalt can then be restriped as well. Useful Life: Asphalt pothole repair, crackfill, sealcoat and restripe- 0- 2 years. Bomengineering Page 4 of 15 Properly Condition Report Timber Ridge The asphalt will most likely need some rype of repiacement, whether it's an edge milling and overlay or a complete removal and replacement, in 4 to 6 years. Opinion of Probable Cost: Pothole repair, crackfill, sealcoat and restripe - estimated at $30,000. ' C. Flatwork C1. Walkways Location: Various locations throughout the site. Description: The concrete walkways are slab on grade and most likely non-reinforced. Comments: The concrete at the project appears to be original. We noticed some extensive concrete deterioration in many areas around the project. The deterioration is in the form of spalling, cracking and complete concrete delamination. Most of the damage has not resulted in differential movement and is not an immediate safety concern. However, the concrete will continue to degrade as the avenues for moisture intrusion increases. Recommendations: The concrete will most likely last, as is, another 2 to 4 years before some type of replacement is necessary. The concrete is aesthetically displeasing but functional. Useful Life: 2 to 5 years. Opinion of Probable Cos$: 2 to 5 years, concrete replacement -$175,000 D. Facade D1. Siding and Trim Location: Various locations throughout the site. . ~ Description: Vertically oriented channel hardboard siding with wood trim. The wood trim is face mounted. Bomengineering Page 5 of 15 Property Condition Report Timber Ridge Comments: The majority of the siding and trim is in poor condition. The siding and trim appears to have sustained moisture damage for some time. This is evident by the swelling of the material. When the hardboard absorbs water it swells, when it dries out it does not consolidate back to original form and stays spongy. When the siding and trim are in this condition, paint adhesion is weakened and has a low useful life. We noted siding deterioration at horizontal trim ancf belly boards. There is no flashing integrated to keep moisture from ponding on the surFaces. Much of the lower siding and trim is in direct contact with concrete flatwork and earthen areas. This has resulted in extensive rot in these areas. As mentioned earlier in this report, some of the roof drainage has damaged the siding and trim. Recommendations: The siding and trim is nearing the end of its useful life. Applying paint to the siding and trim will most likely only last between 1 and 3 years. If the siding and trim is to be replaced, we recommend coordinating the project with the window replacement and roof replacement. The appropriate flashings and weather resistive barrier should be installed. Useful Life: 2 to 4 years before a major replacement project should be perFormed. Install building paper, membrane and metal flashings. Opinion of Probable Cost: 2 to 4 years, replace siding and trim $1,150,000. D2. Windows e ~ -w'5~~~~ Y Location: Exterior elevations of the building. ~ ~ k Description: The majority of the windows on the building are original and are aluminum ~ encasement windows with storm windows. We also noted that several of the windows are in the process of being replaced. The new windows appear to be a vinyl double pane window system. The windows have a nail fin incorporated. Comments: The original windows on the buildings are in very poor condition. Many of the encasements have failed and we noted several glass panes that have dropped. It does not appear that the original windows incorporated flashings into the siding system. The interior sills on many of the original windows show signs of moisture damage in the form of staining and swelling. We noted what appeared to be microbial growth on the interior window sills in several areas. Bomengineering Page 6 of 15 Property Condition Report Timber Ridge Unless you are going to replace the siding and trim, windows with naii fins are for new construction installation. Replacement windows typically do not have nail fins and are installed utilizing sealant joints for weatherization. The installation of the new windows are a concern and do not appear to be correct. The nails fins are being connected to siding in some areas, framing in others, etc. Self adhered membrane flashing is being used around the nails fins in what appears to be for weatherization, this is incorrect. Recommendations: The news windows should be removed and installed correctly. It will be difficult installing these with nail fins but it can be done. The original windows will most likely last another 3 to 5 years with some replacement as necessary. We estimate a 10% replacement in the next 2 years. Useful Life: 3 to 5 years. Opinion of Probable Cost: 0 to 2 years - 10% window replacement - estimated at $22,000. 3 to 5 years - window replacement project - estimated at $198,000. E. Stairwell Structure E1. Stairwell Roof SYstem ~ S 5, v~,x^sca Location: Covering each of the stair exterior Y i y Q . a systems throughout the complex. ~ ~Description: The roof structure is composed of 2x6 joists spaced at 24" on center. The lower end of the joist is supported by a cross beam and the upper end is tied to the truss tail. Interior wood posts have been installed to try to support the roof structure. Comments: The 2x6 rafters are visibly bowed at 100% of the roof systems observed. In several locations the panel board attached to the bottom side of the rafters is loose. The installed posts do not provide any support. 1Zecommendations: Remove the panel board and sister two 2x6 rafters, one on each side of the existing rafters with two, 8d nails at 6" on center. This recommendation is not intended to extend the life past an additional 10 years. Useful Life: As constructed, approximately 1 to 2 years before a repair is recommended. Bomengineering Page 7 of 15 Property Condition Report Tmber Ridge Opinion of Probable Cost: 1 to 2 years, remove the panel board and sister two 2x6 rafters, one on each side of the existing rafters with two, 8d nails at 6" on center - estimated at $15,000. • The stairwell structures have an estimated useful life of 10 years. At that time a complete rebuild will be necessary. r E2. Rail System Location: At the landing/transition between stairs to each level, either in the two story of three story structures. Description: The rails are constructed with a 2x4 bottom rail, 2x6 top rail and 1x balusters. Comments: Approximately 25% of the balusters are either loose or missing. 1000/0 of the rail systems will not adequately support code applied loads. Recommendations: Install new 4x4 intermediate posts, approximately 6'-0" on center and lagged through the rim board and attached to the landing joists with a Simpson Hold down anchor. Attach the 2x rail to the new posts with Simpson A34 clips. Reinstall loose and/or missing balusters with 2- 1 5/8" screws. Useful Life: 0 to 2 years - structural repair As constructed, approximately 5 to 7 years after repair. At that time the rails and balusters will most likely need replaced Opinion of Probable Cost - 0 to 2 years - repair as mentioned above -$48,000. 5 to 7 years after repair. Replace rails and balusters - estimated at $120,000 E3. Stairwell Foundation System 4n' Location: Base of each stair system. Description: Constructed of either concrete or concrete masonry units (CMU). Comments: Approximately 30% of the stair - structures are visibly settling at the outer edge. Recommendations: For a long term repair we recommend installing two helical piers at the exterior edge of the settling stair structures. Bomengineering Page 8 of 15 Property Condition Report Timber Ridge llseful Life: As constructed, approximately 5 to 7 years beore repair will most likely need to take place - estimated at $35,000. F. Deck/Landing Structure F1. Deck Ledgers ~ Location: Attached to the building exterior and supporting the deck/landing joists. Description: 2x member attached to the exterior of the buildings with nails. Comments: The nailed attachment of the deck • ledger to the building structure will not adequately support the code applied loads. This condition occurs on 100% of the buildings. We also noted several sections of deck joists where the hangers are extensively corroded from roof drainage above. Recommendations: Install two 1/2" diameter lag screws spaced at a maximum 32" on center. We recommend replacing the joist hangers where extensively corroded. llseful Life: 0 to 2 years before repair is recommended. Opinion of Probable Cost - 0 to 2 years - estimated at $12,000. 11 5~ F2. Deck Boards Location: At each of the decks/landings and stair systems. Description: 2x wood spanning across the deck joists. Comments: At various locations throughout ~ the complex deck boards are either missing or inadequate to support an applied load (approximately 15%) and in other areas replacement 2x boards are untreated and exposed to the weather (approximately 20%). ttecommendations: Remove and replace the missing, failed and untreated 2x deck boards in the next 0 to 2 years. The new boards shall be screwed in place and the . wood painted and all six sides. Bomengineering Page 9 of 15 Property Condition Report Timber Ridge Useful Life: As constructed, approximately 10 years with repair. Opinion of Probable Cost - Replace deck boards as mentioned above - estimated at $28,000. F3. Support Beams ~ Location: Spanning between posts and supporting the exterior edge of the 2x joists. Description: 4x member spanning between POStS. ~t Comments: The support beams in ~approximately 30% of the complex are twisted and in approximately 50% of the complex have an inadequate post to beam connection. Recommendations: Install new post/beam connection hardware at bad connections in 3 to 5 years. Useful Life: 3 to 5 years with repair mentioned. 15+ years before full beam replacement. Opinion of Probable Cost - 3 to 5 years - repair as mentioned - estimated at $7,000 3 ~Q F4. Deck Posts Location: The exterior edge of the deck ' ~ B~ ~R landings. Description: 4x member attached to the exterior beams and supported on concrete footings. Comments: The support at the foundation is deteriorated at approximately 50% of the connections at the complex. Recommendations: Remove and install new 4x posts at locations where the foundation system is deteriorated or failed. A new concrete pad or pier may will also need to be installed to properly support the posts. Useful Life: Repair in 0 to 2 years. Opinion of Probable Cost - 0 to 2 years - repair as mentioned - estimated at $22,000. Bomengineering Page 10 of 15 Properly Condition Report Timber Ridge G. Roofing Systems G1. Asphalt Shingle Roofing Location: All Buildings Description: The roofs are a dimensional asphalt shingle that are installed over an asphalt saturated roofing underlayment. Galvanized metal flashings are installed at the perimeter edges of the roofing. Soffit vents are installed at eaves with 'gable' vents installed at upper head walls. Gutters and downspouts are generally not installed, but they are located at the main office building. Comments: There are many areas of the roof that have severe deflection of the underlying roof sheathing. This indicates strong potential of damages to the building structure that have ~w~~ been caused by water intrusion, snow loading or deficiencies in the installation. ~ Mas~,~ ~ ;:t~~ , ~ , -«...w.....: e e ~ , ,r....,,..'-...... ,~..e---- ~ Many of the asphalt shingles within a few courses of the roof eaves are damaged, presumably from the formation of ice dams. Most of these shingles have portions of the shingle broken off. This reduces the effective coverage of the shingle and increases the potential for water intrusion through the roof assembly. The broken edge of the shingle exposes the fiberglass reinforcement as well as the bottom mat of the dimensional shingle. Exposure to the sun, wind, rain and snow will deteriorate these damaged shingles even further which will ultimately lead to even greater water intrusion through the roof. Bomengineering Page 11 of 15 Property Condition Report Timber Ridge Active roof leaks are evident throughout the complex. We observed sections of roofs on difFerent buildings where plastic sheeting and tarpaulins are placed to keep water out of units. Soffits at eaves, stair landings and corridors are water stained and damaged from water intrusion through the roof. Due to the visible damages to the sheathing and evidence of water intrusion, we did not access the roofs ~ as it appeared a safety hazard to walk on the roof surface. ( ~ ~ af £i31--s s. ~ y~ ':ro ' Wood fascias are installed along the eaves and rake edges of the roof. The paint is delaminating from most of the fascias at the , . _ _ . eaves. Some of the eave fascia is also water damaged. ~ . . Recommendations: The asphalt shingle roofing, flashings, roof underlayment, roof sheathing and fascia boards are in very poor condition and require near future replacement. Many soffits also require replacement. Damages and/or deficiencies to the underlying structural components should be reviewed and repaired as necessary. Useful Life: 0 to 3 years. . Opinion of Probable Cost: 0 to 3 years - roof replacement - estimated at $260,000. H. Site H1. Gabion Walls Location: Throughout the complex Description: Small boulders/rock encased in a wire basket. A series of wire baskets are connected to create a large mass and the retaining walls for the complex. ` ~ Bomengineering Page 12 of 15 Property Condition Report Timber Ridge Comments: Approximately 20% of the walls are either bulging or have failed. Recommendations: Monitor and, if necessary, replace failed portions of the gabion walls. Useful Life: As constructed, approximately 15 years with minor isolated repairs. H2. Concrete Walls Location: Along the north property boundary. ' ~ Description: Large (-15'-20') concrete wall supporting the soil directly to the north of the ~ ~ complex. ; ~ Comments: The walls appear to have been repaired with the installation of wide flange columns and tie back anchors. The concrete surFace is cracked throughout the length of the wall and the wall has a slight, negative batter or lean. Itecommendations: Monitor and, if necessary, replace failed portions of the wall. Useful Life: As constructed, approximately 15+ years. H3. Trash Enclosures ~ Location: Throughout the complex ~ Description: Open, wood framed structures with a framed roof suPPorted on an elevated concrete pad. Comments: All trash enclosures have been damaged by the removal of the trash bins to the extent that the structures are considered a life/safety hazard and should be abandoned until removed or repaired. Recommendations: Completely remove the damaged structures and rebuild. Useful Life: As constructed, approximately 0 to 1 year. Opinion of Probable Cost: 0 to 1 year - rebuild the trash enclosures -$32,000. Bomengineering Page 13 of 15 Property Condition Report . Timber Ridge H4. Split Rail fence {P Location: Throughout the complex . Description: Typical double split rail and post M, fence. Comments: The fencing is in poor condition with extensive dry rot present in all locations. Recommendations: The fencing does cordon of landscape areas and common space walking areas from driving areas so it is relatively important. The fencing is in poor aesthetic condition. Useful Life: 2 to 4 years. Opinion of Probable Cost: 2 to 4 years - replace all fencing -$60,000. Bomengineering Page 14 of 15 Property Condition Report Timber Ridge 4.0 Exclusions The following services were not included in this evaluation: A. Invasive observations. B. This evaluation does not include investigation of other items not mentioned a bove. We have consulted with contractor(s) to assemble an opinion of probable construction cost. In preparing this opinion of probable construction cost, Bornengineering makes no warranty, express or implied, as to the accuracy of this opinion as compared to bid or actual cost(s) of the work. Bornengineering has no control over costs or the price of labor, equipment or materials, market conditions, or Contractor's method of pricing. This opinion has been prepared on the basis of Bornengineering's professional judgment and experience. Sincerely, AIF: ngineering Foy, RS or of Site and Buildi g Evaluations :nm H:\2006\06210 Timber Ridge Yllage\934 Property Cnndition Eval\Docs\Timber Ridge Village PropeRy Condition Reportdoc Bomengineering Page 15 of 15 Property Condition Report ~ MEMORANDUM TO: Town Council FROM: Community Development DATE: April 15, 2008 SUBJECT: Annual Update to the Employee Housing Fee-in-Lieu Amount 1. INTRODUCTION On April 4, 2007, the Vail Town Council adopted Ordinances Nos. 7 and 8, Series of 2007, establishing commercial linkage and inclusionary zoning. The ordinances provide five methods of mitigation to supply the requisite employee housing. One of the methods of mitigation is paying a fee-in-lieu of supplying the employee housing. In accordance with Sections 12-23-5 and 12-24-6, the fee-in-lieu for each employee to be housed and for each square foot of employee housing required shall be established annually by resolution. The proposed employee housing fee-in-lieu amount reflects the gap between a two-person household earning 120% of the 2007 Area Median Income and the 2007 median cost per unit plus an administrative fee of $3,000 per employee or $3.65 per square foot. The two-person Area Median Income increased $1,080 from 2007 to 2008 and the Town of Vail median price per square foot increased $68. The following is a comparison of the 2007 fee-in-lieu and the 2008 fee-in-lieu: Per Employee 2007 $131,385 2008 166 464 Change $ 35,079 Per Square Foot 2007 $236.65 2008 301.65 Change $ 65.00 II. ACTION REQUESTED OF COUNCIL Approve, approve with modifications or deny Resolution 6, Series of 2008. III. STAFF RECOMMENDATION Approve Resolution 6, Series of 2008. RESOLUTION NO. 6 Series of 2008 A RESOLUTION ESTABLISHING THE 2008 PAYMENT OF FEES-IN-LIEU FOR EACH EMPLOYEE TO BE HOUSED, AS REQUIRED BY CHAPTER12-23, COMMERCIAL LINKAGE, AND FOR EACH SQUARE FOOT, AS REQUIRED BY CHAPTER 12-24, INCLUSIONARY ZONING, VAIL TOWN CODE; AND SETTING FORTH DETAtLS IN -REGARD THERETO. WHEREAS, on April 3, 2007, the Vail Town Council adopted of Ordinance Nos. 7 & 8, Series of 2007, establishing Commercial Linkage and Inclusionary Zoning requirements in the Town of Vail; and WHEREAS, pursuant to Sections 12-23-5 and 12-24-6, Methods of Mitigation, payment of fees-in-lieu is one of five (5) methods by which the mitigation of employee housing required may be accomplished; and WHEREAS, in accordance with Sections 12-23-5 and 12-24-6, the fees-in-lieu for each employee to be housed and for each square foot of employee housing required shall be established annually by resolution of the Vail Town Council; and WHEREAS, the Vail Town Council has determined that the proposed fee-in-lieu amounts accurately reflect the affordability gap between a two person household earning 120% of the Area Median Income (AMI) and the 2007 Median Cost per Unit; and WHEREAS, the Vail Town Council finds that this Resolution furthers the development objectives of the Town and is in the best interest of the Town as it promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances the availability of employee housing within the Town of Vail. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. Establishment of Fees-in-Lieu a. The fees-in-lieu for each employee to be housed or for each square foot of employee housing provided in accordance with Chapters 12-23, Commercial Linkage, and 12-24, Inclusionary Zoning, shall be established annually by resolution of the Town Council, provided that, in calculating that fee, the Town Council shall include the net cost (total cost less the amount covered by rental or sale income) of real property and all related planning, design, site development, legal, construction and construction management costs of the project, in current dollars, which would be incurred by the Town to provide housing for the . employee to be housed or for each square foot of employee housing provided in that year; 1 b. An administrative fee of $3,000/per employee or $3.65 per square foot shall be added to the amount set forth in paragraph a hereof. c. Fees-in-lieu shall be due and payable prior to the issuance of a building permit for the development. d. The Town shall only use monies collected from fees-in-lieu to provide new employee housing. The calculation formula for fee-in-lieu has been attached for, reference (Exhibit A). ; 2. 2008 Pavment of Fees-in-Lieu Amounts a. Fee-in-lieu per employee (commercial linkage) _$166,464 b. Fee-in-lieu per square foot (inclusionary zoning) _$301.65 3. Effective Date of the Resolution This Resolution shall be effective immediately upon adoption. INTRODUCED, READ, APPROVED AND ADOPTED this 15th day of April, 2008. Richard D. Cleveland, Mayor, Town of Vail ATTEST: Lorelei Donaldson, Town Clerk 2 Exhibit A 2008 Fee-in-Lieu Calculation Formula 120% Area Median Income (2-person household) $77,880 Affordable Monthly Housing Payment $1,947 Property Taxes/Insurance/HOA (20% of Housing Payment) $389 Mortgage Payment $1,558 Maximum Mortgage Amount* $234,179 Affordable Purchase Price $243,023 Average Square Feet of Units 825 2006 Median Price per Square Foot (all units) $596 Cost per Unit $491,700 . Affordability Gap/Payment per Unit in Lieu $245,196 *Assumes 5% down, 7% interest for 30 years. Gap per Employee (1.5 emps/household on average) $163,464 Administrative Fee per Employee $3,000 Fee per Square Foot per Employee $297 Administrative Fee per Square Foot per Employee $3.65 Fee-in-Lieu per Employee $1669464 Fee-in-Lieu per Square Foot $301.65 (Note - these figures to be established annually by the Vail Town Council) 3 ~ ~ . MEMORANDUM To: Town Council From: Stan Zemler, Town Manager . Judy Camp, Finance Director Date: April 10, 2008 Subject: Incrementai Property Tax Revenue Staff expects 2008 property tax coNections to exceed the amount budgeted by $450,000 to $600,000. A public hearing is scheduled for the April 15'h Council meeting to discuss potential use of these incremental funds. At your work session on Aprif 1, you instructed staff to provide information on the following topics in preparation for Tuesday's meeting. Housin Housing is one of Council's three top priorities as identified in the Council retreat in January and further outlined in the 2008-2009 strategic work plan. There are many housing opportunities to be explored, including municipal employee housing, Timber• Ridge, and the town's buy-down program among others. However, a strategic housing plan is still in its early stages and spending priorities are yet to be determined. Also, other funding sources are available for housing initiatives, including the housing pay-in- lieu fee, which is a dedicated funding source for housing. The new construction use tax is dedicated to capital projects, including housing, and a portion of sales tax is also available. Staff recommends funding housing projects through the existing funding mechanisms with priorities based on the strategic housing plan and annual budget process. Capital Proiects The capital planning process has consistently identified a need for additional funding to maintain the town's existing assets and to provide new amenities consistent with the private redevelopment taking place. In November 2007, the town's electorate approved a construction use tax dedicated to capital projects. Other sources of funding for capital projects include sales tax, real estate transfer tax (for parks, recreation, and open space projects), and rental income from town-owned properties. Some specific projects have been mentioned as possible options for use of incremental property tax revenue - the West Vail Fire station, upgrades to town facilities including the municipal building and library, and variable messaging signs in particular. While these are all important projects which may warrant additional funding, staff recommends using the capital planning process currently in place to assess and prioritize overaA capital needs versus availab{e funding, rather than creating a separate process to earmark specific funds. Rebate The impact of a rebate on a property taxpayer would be approximately 1% of the tax assessed by afl jurisdictions in 2008. The actual rebate value depends upon the final outcome of assessed valuations under appeal and the costs incurred to implement a rebate. For the owner of a$400,000 home, a rebate of $10 to $20 could be expected. For the owner of a$1 mi{4ion home, the rebate value would range from $25 to $50. For the owner of a business with an actual value of $1 miflion, the range would be $95 to $225. The average rebate amount based upon the 16,000 parcels of property in the town would be between $18 and $37 per parcel. In most cases, the rebate would be taxable for federal and state income tax purposes, reducing the net benefit to the taxpayer. ' -1- 1 , Legal requirements for rebating include finding an equitable standard of distribution and enacting an ordinance making the legislative finding that the method chosen is the most equitable. Although some entities have used "in-kind" rebates, staff does not recommend this approach because of difficulties identifying uin-kind" and determining equity. Also, this type of rebate has been challenged in court and may be more difficult to defend than a cash rebate. A cash rebate based upon actual amounts paid may be more equitable, but difficult and costly to administer compared with the benefit to the taxpayer. The cost of providing rebates on 16,000 parcels could exceed $200,000. For example, the estimated cost of processing a check is close to $12, which equates to $192,000 for 16,000 checks. This does not include costs for issuing 1099 forms to taxpayers whose rebates may exceed $600. Additional costs would also be incurred to calculate refund amounts by parcel and to assure mailing addresses are current and correct. More research is needed before an estimate of these costs can be provided and a process for issuing this volume of checks would need to be determined. For comparison, the town currently processes around 4,000 checks per year through its accounts payable system. The County Treasurer's office recommended certifying a credit against next year's mil levy as a better way to process a return of tax doltars. However, a mil levy credit was explored prior to certifying the 2007 mil fevy (to be collected in 2008.) At that time, outside counsel recommended against this approach because the town's de-Brucing language does not provide for removing a credit in subsequent years without an election. The town could jeopardize its ability to coNect its current 4.69 mils in the future by implementing a credit that is intended to be temporary. At the time the credit was explored and the 2007 mil levy was certified, Council also decided not to impose an abatement levy, which is allowed by law and would have increased the mil levy for one ' year. Staff recommends retaining all incremental property tax collected in 2008 as further discussed below. Retain funds for unknown situations - staff recommendation Staff recommends depositing the incremental property tax revenue into the General Fund along with all other property tax as is our standard practice. The town often has variances to our revenue budget and the amount over (or under) budget is retained in the fund where it is generally directed. It is not returned to the payee. The impact of depositing the incremental amount to the General Fund will be to increase the fund balance (reserves) at a time of uncertainty in the US economy, the tourism industry, and the real estate market. The annual budget process provides an opportunity to reassess the need to use fund balance in the event of any future reductions in property tax or other revenue sources. Depositing funds in the General Fund does not preclude Council from making a transfer of fund balance to the Capital Projects Fund as part of an annual budget and/or amended budget process if it is later determined the additional reserve amount is not needed in the General Fund. By not earmarking the incremental property tax revenue at this time, Council wilt have the opportunity to evaluate these funds along with aN revenue, spending priorities and desired reserves during each budget process. -2- ~ Backqround Information on Town of Vail Propertv Tax Revenue Property owners in Vail pay taxes to multiple taxing entities including the school district, Eagle County, various special districts, and metropolitan districts. Properties not within the Cascade Village or Vail Square metropolitan districts pay approximately 10% of their property tax bill to the Town of Vail. IVinety per cent is paid to other entities including: the school district, 45%; Eagle County, 19%; Colorado Mountain College, 9%; and Vail Parks and Recreation District, 7%. Total mil levies range from 39.8970 mils in one section of town that is not part of the Eagle River Water and Sanitation District to 85.5710 for property in the Vail Square Metropolitan District #2, which assessed its own levy of 40.000 mils. On a home with a market value of $400,000, a taxpayer not within a metro district pays less than $150 per year in property taxes to the Town of Vail and $1,300 per year to all other entities. For a home with a market value of $1.0 million, the typical taxpayer pays $373 per year to the town and $3,254 per year to all other entities. There are approximately 16,000 taxable parcels in the Town of Vail. Property taxes are a function of three things: property values; the statutory assessment ratio (which reduces market values to assessed values); and the amount of the mil levy. Although property values have generally increased over time, the increase from 2005 to 2007 was unusually high with average increases in residential property estimated at 57.7% for the two-year period. The assessment ratio is applied uniformly across the state and can change if the statewide balance of residential assessments to nonresidential changes. This happened in 2004 and the town's property taxes decreased by 7.5% even though market values increased. The town's base mil levy has not changed since 1993 when tho voters elected to transfer a portion of the levy to the Vail Recreation District. Property tax makes up about 8% of the town's total revenue - about the same amount as lift tax or parking. Property tax is directed to the General Fund to support municipal services including police, fire, public works, community development, administration, library, contributions, marketing and special events, etc. General Fund spending is expected to increase by 3% in 2008 compared with 2007. Property tax revenue in 2007 was budgeted at $2,852,998. For 2008, the town's budget was developed based on preliminary assessments and an estimate of a reduction in town taxes due to the LionsHead TIF district. Therefore, the revenue included in the 2008 budget and appropriated for municipal services is $3,660,000 - a projected increase of 28%. The amount we now expect to realize is between $4,096,187 and $4,255,122 depending upon the results of pending appeals. The incremental revenue not budgeted is befinreen $436,187 and $595,122. -3- J RESOLUTION NO. 9 Series of 2008 A RESOLUTION AMENDING CHAPTER 4, RECOMMENDATIONS - OVERALL STUDY AREA AND CHAPTER 5, DETAILED PLAN RECOMMENDATIONS, LIONSHEAD REDEVELOPMENT MASTER PLAN, PURSUANT TO SECTION 2.8, ADOPTION AND AMENDMENT OF THE MASTER PLAN, AMENDING THOSE ELEMENTS OF THE MASTER PLAN REFERENCING THE NORTH DAY LOT RECOMMENDATIONS.AND REQUIREMENTS, TO FACILITATE THE REDEVELOPMENT OF THE NORTH DAY LOT WITH AN EMPLOYEE HOUSING PROJECT, PUBLIC TRANSPORTATION CENTER, AND CREATING A FUTURE DEVELOPMENT SITE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on December 15, 1998, the Vail Town Council adopted the Lionshead Redevelopment Master Plan; and WHEREAS, on April 6, 1999, the Vail Town Council adopted Ordinance 3, Series of 1999, which amended the Zoning Regulations and created Lionshead Mixed Use 1 and Lionshead Mixed Use 2 Districts; and WHEREAS, Section 2.8 of the Lionshead Redevelopment Master Plan outlines a procedure for amending the Master Plan; and WHEREAS, Vail Resorts Development Company has submitted a development application to the Town of Vail Community Development Department proposing certain amendments to the Master Plan related to the North Day Lot; and WHEREAS, the Town of Vail Planning and Environmental Commission has held a public hearing on the proposed amendments on April 14, 2008, and has forwarded a recommendation of , of the amendments to the Town Council by a vote of ; and WHEREAS, the purpose of the amendments is to amend those elements of the Master Plan referencing the North Day Lot recommendations and requirements to facilitate the redevelopment of the site with an employee housing project, transportation center; and future development site; and WHEREAS, the Town Council finds that conditions have changed in the Lionshead Study are which warrant the proposed amendments and that said amendments are in keeping with the goals, objectives, and policies prescribed by the Master Plan in general. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: The Town Council of the Town of Vail hereby amends the Lionshead Redevelopment Master Plan as fol lows: The amendments to the text of the Lionshead Redevelopment Master Plan are indicated in underline (additions), and str4kethFough i (deletions). 1 Chapter 1 - Executive Summarv 1.3.5 Transit • Create dispersed transportation centers in Lionshead to accommodate local and regional transit, local shuttles, skier drop off, and charter buses. Locations for these facilities mav include the North Dav Lot, the Lionshead Parkinq Structure, and West Lionshead (aka EverVail). • Relocate the existing Lionshead Place regional bus stop to #he North Day Lot, Lionshead Parkinq Structure, or West Lionshead area. 1.3.6 Service and Delivery ~ Create a central service and delivery facility in conjunction with the proposed transit facility on the North Day Lot jA central service and loadinq facilitv was developed by Vail Resorts within the Arrabelle proiect (core site) thus eliminatinq the need for an additional facilitv on the North Da Lot . Chapter 3- Existinq Conditions Assessment 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 facility, employee housinq, and other uses contemplated under the zoninq on the property (LMU-1) sentef. 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 redevelopment of these sites must be replaced within the Lionshead study area to satisfy the ground rule requiring no net loss of parking. The displaced parkinq will be provided in West Lionshead within a parkinq structure included as part of the EverVail proiect. Chapter 4- Master Plan Recommendations - Overall Studv Area 4.5.2.1 Relocate the Regional Transit Stop It is recommended that the Lionshead regional transit stop, currently located at the Lionshead Place cul-de-sac, be relocated to the proposed North Day Lot #FanspeFtatisn the Lionshead parkinq structure, and West Lionshead. This will provide a Lionshead connection between the regional transit system and the Town of Vail transit system. In addition, visitors and employees coming to Lionshead by regional bus will arrive at a defined portal instead of the current "back door" on Lionshead Place. Finally, this will remove the large regional buses from West Lionshead Circle and Lionshead Place. It may be possible to locate elements of a regional transit, stop in the West Lionshead area in conjunction with a new ski lift and parking facility. However, given its location on the periphery of Lionshead, this area may not be the most viable location for a regional transit stop. Notwithstanding the above, facilities for skier drop-off, private shuttle vans and Town of Vail in-town buses should be included in the design of the ski lift and parking facility. In 2006, the Town of Vail initiated an update of the Vail Transportation Master Plan. In addition, the Town initiated a development competition for the Lionshead 2 i Parking Structure redevelopment, which would include a transit facility. It is anticipated that the Transportation Master Plan update along with the conclusion of the Lionshead Parking Structure redevelopment process will provide direction on the ultimate location for a Lionshead Transit Facility and/or the type of transit facilities that may be necessary in West Lionshead. 4.5.2.3 Create a New Stop at the North Day Lot Transportation Center A new Town of Vail transit stop at the proposed dispersed transportation center on the North Day Lot will replace the existing stop at Concert Hall Plaza. Likely to be on the west Vail transit routes, this stop will coordinate with the regional bus stop and deliver west Vail transit riders to the newly created north Lionshead pedestrian portal. 4.6.6 Creation of a New Transportation Hub on the North Day Lot A principal component of the Lionshead transportation and circulation network is the creation of dispersed transportation facilities seRte~ in the Lionshead area . This facility will remove transit and service vehicles from other areas of Lionshead and create a major new entry point into the Lionshead pedestrian core. All or portions of these dispersed transportation facilities may be located on the North Day Lot the Lionshead parkinq structure or in West Lionshead. This concept is fully discussed in chapter five. 4.7.3.2 AI.,.+F, Day 1.+t Trarwci+ Cante} n•+nuvc o /ceJCC o fign~ irar'~~ op-~-~ . 4.9.4 Potential Housing Sites Following are specific sites that have been..identified as suitable for locals and employee housing (see Map W). 4.9.4.3 Vail Associates Service Yard Holy Cross Site, Vail Professional Building; Cascade Crossing, North Day Lot, and the former gas station site All redevelopment in West Lionshead will need to conform to the Town's housing policies and requirements. In order to create activity and vibrancy in West Lionshead it is appropriate to include some dispersed employee housing opportunities for permanent local residents in proposed developments in the area consistent with these policies. ' Perhaps the most promising locations to replace the Sunbird affordable housing project and to conform to the Town's housing policies and requirements for new employee housing generation in Lionshead are the North Day Lot, Vail Associates service yard, and Holy Cross site. However, housing is not the only use these three properties will need to support. The North Day lot is considered to be the preferred location for a significant housing project in Lionshead to replace the Sunbird affordable housing project and provide housing for new employee generation. The North Day Lot may also need to 3 accommodate a transit center on the ground level of the development site: Additionally, it may be necessary to develop a higher revenue-generating product on a portion of the Vail Associates service yard, Holy Cross, Vail Professional Building, and Cascade Crossing sites in order to defray the cost of road and infrastructure improvements. In planning the site, the following issues need to be considered. While it is important that biaildinqs here be visuallv consistent with the overall character of: Lionsh_eads the desire to maximize the housinq potential may make appropriate the following deviations from standard development parameters [moved from paragraph below]: a. Density The site offers a unique opportunity to achieve significant density. Sesend, It is recommended that the standards for density (units per acre) be increased at this location to allow for a greater number of employee housing units and live beds. While it is important that buildings here be visually consistent with the overall character of Lionshead, the desire to maximize the housing potential may make appropriate the following deviations from standard development parameters. b. Building Height for Employee Housing , €+r-s#; It may be appropriate to allow for a greater overall building height than. is otherwise allowed under the Lionshead Architectural Design Guidelines. Any increase in building height will need to be reviewed on a case by case basis by the Town of Vail, and any eventual building height will still need to be visually appropriate for this location. c. Parking Th*Fd, It may be appropriate to reduce the parking requirements for employee housing at this location qiven the sites proximitv to transportation facilities, lobs; and pedestrian routes. In consideration for reducinq emplovee parkinq for the housinq provided on this site, parkinq for other employees of the owner provided on this site should be considered. Excess parkinq mav be used to satisfy the no net loss of parkinq policv or for future parkinq requirements of other development on the propertv (i.e., future lives beds). d. Site Coverage and Landscape Area and Setbacks Consideration should also be qiven to increasing site coveraqe and reducinq setbacks and landscape area in order to maximize tlie amount of emplovee housinq on the site and/or due to impacts associated with the development of a public transportation facility on the propertv. With anv deviation to development standards prescribed in the master plan and zoninq requlations, consideration of imqacts should be afforded to the neiqhborinq residential uses to the North Day Lot. Any desiqn with such deviations will need to be sensitive to creatinq qood desiqns with mitiqation measures such as heated sidewalks and well planned landscape materials. Additionally due to impacts from the Town's dispersed transportation center on neiqhborinq residential uses, mitiqation measures should be provided to buffer and screen residential uses. 4 - J e. Encroachments on Town Land The Town of Vail owns a small parcel of land on the north side of the north day lot which accommodates the pedestrian bridqe over the interstate hiqhway. This land was dedicated to the Town by Vail Associates in 1976. In order to allow for more efficient lavout and development of employee housing on the site and/or the dispersed transportation facilitv, the Town should qive consideration to allowinq development of emplovee housinq and/or transportation uses on this parcel of land as part of the development of the north day lot. Figure 4-12 - Delete this figure found on page 4-35 as it is duplicative of figure 5-13 found on page 5-26 Figure 4-13 - Delete this figure found on page 4-37 Chapter 5= Detailed Plan Recommendations 5.1 Lionshead Tourist Information Cenfer The Lionshead Tourist Information Center is currently located just west of the entry to the Lionshead parking structure and is accessed directly off the frontage road. If the entrance to the Lionshead parking structure is relocated as shown in figure 5-1 this existing facility will need to be relocated. Potential locations for the center include the Future Vail Civic Center, the parking structure, and West Lionshead }"e N,,,+ti n," I ot 4ranci4 Go.,+o~ 5.8.3 Pedestrian Connections Through the Core Site There is a critical north-south pedestrian connection between the ski yard and the proposed +ranci} ,.o„+o.- transportation and skier drop-off uses on the north day lot. This connection will require at least one north-south penetration through the Vail Associates core site, and there is an opportunity to create a second one, as shown in figure 5-9. The east-west pedestrian corridor originating at the east Lionshead pedestrian portal should also be extended into the Vail Associates core site, connecting with the north-south corridors. These connections should be part of the "primary retail mall" (see site design guidelines, chapter 6) to reinforce the village character of the core. It is not necessary tliat flanking architectural forms be completely separated in order to define pedestrian corridors. Instead, opportunities to create significant architectural portals are encouraged to highlight the transition from one public space into another. 5.9 North Day Lot • While the North Dav Lot is a privately own parcel of land, consideration should be qiven bv the owner and the Town to includinq transportation related uses on a portion of the qround floor. Ideallv the uses to be considered for the site should include skier drop-off, local and regional transit, local and regional private shuttles, and charter bus drop-off and pick-up (see figure 5-13). . By relocating these functions from their existing locations to eRe easily accessible locations, this would improve the quality of vehicular and pedestrian circulation in Lionshead and create a significant new pedestrian portal into the center of the Lionshead retail mall. Based upon the 5 results of the traffic study (see appendix A), the dispersed transportation facilities need to include: a. Skier drop-off: Nine spaces are recommended at a minimum, but more should be built if possible to accommodate other program elements. b. Town of Vail transit: Two bus spaces are recommended to accommodate the West Vail transit loop and the possibility for an eastbound in-town shuttle stop. c: Regional transit: One bus space is recommended d. Charter buses: Three to four bus spaces are recommended. e. Local and regional shuttles: Four shuttle van spaces are recommended at a minimum. It should be noted that the North Day Lot is a small parcel of land and that the location and shape of this parcel may not allow for all of the uses identified above without havinq siqnificant implications to traffic circulation patterns and the owners ability to develop the site with a quality development as allowed under zoninq for the property (the site is considered one development site for the purposes of zoninq). There needs to be a balance between the development qoals for the property and the impact of public uses on those qoals. In order to meet the obliqations of acareements reqardinq the Arrabelle prolect (core site), at a minimum skier drop off must occur on this site. As discussed below, the Lionshead parkinq structure and West Lionshead also provide opportunities for some of the transportation functions identified above. Given the impacts of a public transportation use and to maximize.the opportunities for employee housinq on the propertv, development standards such as site coveraqe, landscape area, setbacks, and buildinq heiqht may be adlusted to afford more flexibilitv to the propertv owner (see section 4.9.4.3) and approved bv the Planninq and Environmental Commission. In order to create more efficiency with the site development and to mitiqate for the presence of a public transportation facility on private property, the Town may allow for encroachment of uses on the parcel of land owned by the Town on the north side of the north day lot. This encroachment may also help to mitiqate impacts to adjacent properties to the south by maintaininq adequate setbacks. There may be a need to move or enhance the pedestrian bridqe abutment and access as part of the transportation facility. A critical consideration in the planning and design of this facility will be its impact on the adjacent Landmark Tower and Townhomes and the Westwind. Depicted in figure 5-13a, a linear buildingi screen, and/or landscape buffer is recommended at the southern edge of the site to screen the lower levels of the Landmark properties T-owe from the transportation facility tFaRsit . Ifi necessary to provide adequate bufferinq a wall or fence in excess of 6' could be considered. This screen #,as&y could house a bus shelter and waiting area, an information center, public restrooms, a small food and beverage operation, and an elevator core to the pedestrian mall level for ADA access needs. To the east, earthwork, landscaping, and/ or other screening measures should be considered to buffer the Westwind. The dispersed transportation facility would be covered by employee housinq or other uses. contemplated by the Lionshead Mixed Use Zoninq -1 and any exemptions/deviations discussed herein. A--Fiqme senreb eRs~o ~i~io cnl~ itinn ic tn ~ie~' +ho fanili4~i ~~ith annthor lo~iol nr heir~ nf , m,,,~,~-,~--~-- nn~P anTeGedeRts exTst fer „ra.,d,.,,,,o.ed +Fa.,s.,,,.+a+io., Go.,+aF Specifically, the design of the transportation center should address all impacts: visual, security, sound, and smell that may affecf adjacent properties. Both the Westwind and the Landmark should be closely involved in the transit center planning and design process. 6 i . Since the adoption of the Lionshead Master Redevelopment Plan, plans were developed to locate a Transit Center at the North Day Lot. Integrating the nurnber of uses mentioned above and addressing the neighborhood concerns regarding a transit center prompted the Town of Vail to evaluate alternative locations for a transit center. Alternative locations include: " • West Lionshead . ~ Lionshead Parking Structure , • North Day Lot 1n 2006, the Town of Vail initiated an update of the Vail Transportation Master Plan. In addition, the Town initiated a development competition for the Lionshead Parking Structure which would include a transit facility. It is recommended that the Transportation Master Plan update along with - the conclusion of the Lionshead Parking Structure RFP process provide direction on the ultimate location for a Lionshead Transit Facility. 7 . ~ Figure 5-13 - Amend this figure on page 5-26 to reflect the current proposed development opportunities for the North Day Lot as shown below: CnNCEPTU:',L SITE DEVELOPMENT & CIRCUL^,TION OPTION Fe~~Hr<iki>oeTa. LANDNIARK ~ LANDMARKTOWNHOMES EMPlOYEE LOCAL`QE410N4L T1IAHSIT HOUSING ABOVE YED['T.- (SHADED) - C04QIDUR r(] t?SStk1~i4.'~4'3ffiwCfG6autaP~t~k77E~Fbt5~E9`~;~~C1+ ..~'N562~. ?.a~u ~ ~ ~t~ffis~•` BUS CIP,CIIFTqN 14CA4M6NJNi ,L`~ `.~y f (NdTEMhD) SNUTRfS CANCIACUlC7Y~11 Y` HOTEI/ • t a a 4~A CONDOMINIUM BUILDING ~ ~ ~•s:s,~ r. ~ ~ ' ~ swcaucon-ar« C~ (y/ fSTRIGNERiMP ~ u~3#Ym£i93€:~:~ . 4~ cwsnwa ~ B¢AN ' ~ PFSTitl U6E enowsi¢uc`u eE PEDESTRIANCRtCUTATqN nvwH~ rUq5HE~1 CONCEPTUAt SITF DEVELC7PMENT & CIRCIJLATION OPTIC)N i 107Tr+ uor ~,*,-eA~ FeDes?.W+=o.-1:.i LtINDMARK LANDMARKTOVJNHOMfS EMPLOYEE ~ HOUSING ABOVE PEDES141GN s~ • , (SHAOED) CARCIRNL4T10N LORRIbOR p F~~p WI ~ . . € ?.nF°~`~ fid ~ ~ L ~ ' PARIf1NG ~ HOTEU CONDOM!NEUM ,F [ON-UAADE) Q ~ BUILDtNG ~ < r Q o~ ~ w P~~``}, Y„~ ~~y,~ r~Yw fLJR/ANRAMP~, EX16i1NG FEDESTRIAN 6RIDGE / ~ ~ PEDESTRU+NUFlC.UIITION (MSHED) ~ . _ 8 , ~ INTRODUCED, READ, APPROVED AND ADOPTED this 15th day of April, 2008. Richard D. Cleveland, Mayor, Town of Vail ATTEST: Lorelei Donaldson, Town Clerk 9 ' 1 MEMORANDU1Vi TO: Planning and Environmental Commission FROM: Community Devefopment Department DATE; April 14, 2008 SUBJECT: A request for a final recommendation to the Vail Town Council of a proposed text 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 those elements of the Master Pian referencing the North Day- Lot recommendations and requirements to facilitate the development of the site with an employee housing project, transportation center, and future development site, located at 600 West Lionshead Circfe/Lot 1, Block 1, Vaif Lionshead Filing 3, and setting forth details in regard thereto. (PEC080008) Applicant: Vai! Resorts Development Company, represented by Mauriello Planning Group LLC Planner: George Ruther/Warren Campbell 1. EXECUTIVE SUfV(MARY The applicant, Vail Resorts Development Company, represented by MaurielEo Planning Group LLC, is requesting a final recommendation from the Town of Vail Planning & Environmental Commission of a proposed text 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 those eiements of the Master Plan referencing the North Day Lot recommendations and requirements, to facilitate the development of the site with a 120 bed employee housing project, a pubfic transportation center, and future development site, located at 600 West Lionshead Circle. Upon review of the applicable elements of the Town's planning documents and adopted criteria for review, the Community Development Department recommends that the Planning & Environmental - Commission forwards a recommendation of deniai to the Vail Town Council of the applicant's request for text amendments to the Lionshead Redevelopment Master Plan. A complete summary of Staff's review is provided in Section VIII of this memorandum. lI. OVERlE1A( OF THE DEVELOPfV{ENT REVfEW PRC?CESS The applicant has submitted four development applications to the Town of Vail Community Development in an efFort to facilitate future deve;opment on the North Day Lot. Those applications include: ~ > ` Y 1. An application requesting permission to proceed through the . Town's development review process with proposed private improvements on town-owned land, 2. An application to amend the text of the Lionshead Redevelopment Master Plan, 3. An application for a major exferior alteration for review of the proposed on site improvements pursuant to the provisions outlined in the Lionshead Mixed Use - 1 zone district, and 4. An application for a conditional use permit to operate public transportation facilities on the North Day Lot The order of review and consideration of these four applications is critical to .the outcome of the development review process. For instance, the Vail Town Council must first grant the applicant permission to proceed through the Town's development review process for private improvements proposed on town-owned land. This step is then followed by the review and consideration of the proposed master plan text amendment. It is important to note that since the review of the major exterior alteration application requires demonstrated compliance with the goals, objectives and policies of the Lionshead Redevelopment Master Plan, any proposed master plan amendments must be reviewed and approved prior to taking final action on the major exterior alteration application. III. DESCRIPTION OF THE REQUEST Vail Resorts Development Company has submitted a development review application to the Town of Vail Community Development Department proposing to amend the Lionshead Redevelopment Master Plan. The purpose of the master plan amendment is to facilitate future development of the property commonly referred as the North Day Lot, located at 600 West Lionshead Circle. The proposal includes a 120-bed employee housing development, a public transportation center, and a 24,305 square foot site set aside for future development. As proposed, the applicant is further requesting to clarify the Town's intent and objectives for meeting public transportation needs in the Lionshead Study Area. The key elements of the amendment include: • The creation of a 24,305 square foot site for future development on the east end of the North Day Lot, • The elimination of a public loading and delivery facilities from the North Day Lot, and • Additions to, and the deletions of, numerous North Day Lot development and public transportation references and statements contained within the Lionshead Redevelopment Master Plan. A copy of the applicant's written summary of their request, entitled, "North Dav Lot, Amendments to the Lionshead Redevelopment Master Plan", dated February 21, 2008, has been attached for reference. (attachment A) 2 r IV. BACKGROUiVD o The Vaii Town Council adopted the Lionshead Redevelopment Master Plan on December 15, 1998. The purpose of the master pian is to create opportunities for the public and private sectors to act collaboratively to renew and revitalize an important component [Lionshead] of our community. o On July 7, 2003, Vail Resorts Development Company provided a. proposal to the Town of Vail Community Development Department illustrating a plan for the future development of the North Day Lot. o On February 6, 2007, the Vail Town Council approved Resolution #4, Series of 2007, which, in part, amended the master plan to include specific references to the use of the North Day Lot for employee housing and public transportation. e On December 11, 2007, the Vail Town Council and Vail Resorts Development Company, executed an amendment to the Core Site Developer Improvement Agreement which outlines the requirement to submit a development application to construct employee housing on the North Day Lot, pursuant to the recommendations of the Lionshead Redevelopment Master Plan. o On February 5, 2008, the Vail Town Council granted Vail Resorts Development Company permission to proceed through the development review process with a development application for the future construction of employee housing and public transportation on a 11,113 square foot parcel of land owned by the Town of Vail adjacent to the North Day Lot. It ' is important to note that the Council's permission to proceed in no way conveys an approval by the Town Council of the applicant's request. V. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Planning & Environmental Commission, Town Council, and Staff on the master plan amendment application submitted on behalf of Vail Resorts Development Company for the North Day Lot. Text Amendment to 4he Lionshead Redevelopment Master Plan Planning and Environmental Commission: , Action: The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Town Council on the consistency of the proposed amendment with applicable review criteria and the policies, goals and objectives outlined in the Lionshead Redevelopment Master Plan and other applicable master plan documents. Design Review Board: Action: The Design Review Board has no review authority on Lionshead Redevelopment Master Plan amendments. 3 Staff.- The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to consistency of the proposed amendment with applicable review criteria and the policies, goals and objectives outlined in the Lionshead Redevelopment Master Plan and other applicable master plan documents. 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 a Lionshead Redevelopment Master Plan amendment. The Town Council shall review and approve the proposal based on the consistency of the proposed amendment with applicable review criteria and the policies, goals and objectives outlined in the Lionshead Redevelopment Master Plan and other applicable master plan documents. , VI. APPLICABLE DOCUMENTS Staff has provided portions of the Vail Town Code and several master plans which are relevant to the proposed topics for the review of the proposed redevelopment proposal. Zoninq Requlations (in part) Lionshead Mixed Use - 1 Zone District (in part) 12-7H-1: PURPOSE: The Lionshead Mixed Use-1 zone 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 zone district, in accordance with the Lronshead 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 encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. ' This Zone District was specifically 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 4 r 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. Lionshead Redeveloqment Master Plan (in part) Chapter 2, Introduction 2.1 Purpose of the Master Pian (in part) "This master plan was initiated by the Town of Vail to encourage redevelopment and new development initiatives in the Lionshead study area. Both public and private interests have recognized that Lionshead today lacks the economic vitality of Vail and fails to offer a world c/ass resort experience. Lionshead's economic potential has been inhibifed by a number of recurrent themes: o Lack of growth in accommodation units ("hot beds'); * Poor retail quality; o Deterioration of existing buildings; 0 Uninteresting and disconnected pedestrian environment; * Mediocre architectural character; and the o Absence of incentives for redevelopment. This master plan is a comprehensive guide for property owners proposing to undertake development or redevelopment of their properties and the municipal officials responsible for planning public improvements. The plan outlines the Town's objectives and goals for the enhancement of Lionshead and proposes recommendation, incentives, and requirements for redevelopmenf and new development. " 2.2 Definition of a Master Plan A master plan is a guide, a flexible framework for future action. It . articulates a community's fundamental land use policies, principles, and goals in a broad and general way. It plans for the future physical development or redevelopment of an area of the community, including its functional and circulation systems and its public facilities. The land use policies in a master plan are generally implemented through zoning ordinances. Existing zoning and land use codes may be modified and new provisions enacted in order to conform to the master plan and carry out the plan's objectives. A masfer plan does not convey approval for particular development proposa/s or concepts, nor can it be implemented in a short time frame. After adoption of the Lionshead Master Plan, every development proposal will have to go through the applicable development review and approval process, with its attendant public notices and public hearings. . A proposal's adherence to the 5 policies contained in the adopted master plan will be one of the factors analyzed by sfaff, the Planning and Environmenfal Commission (PEC), the Design Review Board (DRB), and the Town Council (as applicable) in determinrng whether to approve or disapprove the specific proposal. Vail Land Use Plan According to the Official Town of Vail Land Use Plan map, the applicanYs proposed redevelopment site is located with the "Lionshead Redevelopment Master Plan" land use category. Pursuant to the Plan, . the "Lionshead Redevelopment Master Plan" land use category description, "lncluded in this category are those properties which are identified as being included in the Lionshead Redevelopment Master Plan boundaries. Properties located within this land use category shall be encouraged to . redevelop, per the Master Plan recommendations, as it has been found that it is necessary in order for Vail to remain a competitive four-season resort. Uses and activities for these areas are intended to encourage a safe, convenient and an aesthetically-pleasing guest experience. The range of uses and activities appropriate in the Lionshead Redevelopment Master Plan (LRMP) land use category may include skier and resort services, ski lifts, ski trails, base facilities, public restrooms, ticket sales, clubs, public p/azas, open spaces, parking and loading/delivery facilities/structures, public utilities, residential, lodges, accommodation units, deed restricted employee housing, retail businesses, professional and business offices, personal services, and restaurant uses. " VII. SURROUNDING LAND USES AND ZONING Land Use Zoninq North: Right-of-Way N/A South: Residential Lionshead Mixed Use 1 District East: Residential Lionshead Mixed Use 1 District West: Residential Lionshead Mixed use 1 District An aerial vicinity map has been attached for reference (attachment B) VIII. CRITERIA FOR REVIEW Section 2.8 of the Lionshead Redevelopment Master Plan establishes the authority for amendments to the master plan. Pursuant to Section 2.8, "Future amendments to this master plan must be approved by resolution or motion by the Town Council following a formal recommendation by the Planning and Environmental Commission. " Upon consideration of an amendment to the Lionshead Redevelopment Master Plan, staff recommends that the Commission uses the following criteria to evaluate the amendment proposal: 6 r 1. Hovv have conditions changed since the plan was adopted? Staff has reviewed the applicable elements of the Lionshead Redevelopment Master Plan to determine how conditions may have changed within the Lionshead Study Area that would warrant an amendment to the master plan to allow for a future development site to be created on the North Day Lot and the elimination of public loading and delivery from the site. In determining how conditions may have changed, and to what extent any changes may have occurred, staff believes it is important to first understand the goals, objectives and policies of the Lionshead Master Plan and to apply these factors to review of the proposed amendment. Through the adoption of the master plan six fundamental design objectives were set that relate to the entire Lionshead study area. The six design objectives include: o The pedestrian environment, o Connections to the natural environment, o Vehicular circulation, o Transit, o Service and delivery, and o Parking According to Section 1.2 Master Plan Framework, Transit, "The master plan considers that an efficient and flexib/e public transit system serving fhe entire Lionsead study area, including potential new development in the west end district, is essential to its [Lionshead] future. " Pursuant to Subsection 1.3.5, Transit, Recommended Actions, the master plan recommends the following actions be taken within Lionshead regarding public transit, o Create a transpor4ation center on the North Day Lot to accommodate local anc9 regional transit, local shuttles, and charter buses. o Remove the existing Concert Hall Plaza bus drop-off. o Ftelocate the existing Lionshead Place regional bus stop to the fVor4h Day Lot. o Improve the now difficult left run from East Lionshead Circle onto the South Frontage Road. o Connect future development in West Lionshead to the Town of Vail in- town transit route. o Investigate alternative clean transit technologies. o Investigate potential intermodal connections to future non-vehicular regional transit systems. 7 11 NvEST LIC3NSHEAD CIRCLfl ,l ~ i..,,, f--- ML ? , ~ . ~ . : .y„~,. '-ti'` t'.y +~i +y y' ' V L_._.,~ ; ~ t~.~..,~~ ..l. ~ ~ ~ y i i }F- W ~...4r ' .1~..~L~~{ ( , ~ , ~ _ . '1.~---~-_~.•-..-~'~ ~ _ 1 .A~.b.'. JJ ' , ' ,y . i ~ tE y? , . , ~ ~ ~ . y t_~--•,.."""'"`'r~ \ M ( 4 : . ~ ~ •i ~ _._.__._._lr~ 4 -'..._'--~,~j- ~ ~~j . . . ; . , 4 7 . ~l . ~ °--t~-~.., v ~ • t y~~ ~ AW " ~----5 'i _ ? i ' ~ ~ 1 ~ ~ ~Tu~~' . ~ 1~ a . . . . "."r^` ~ : . ~ . . . . . ....c • :y:s L1.,- y;Hy,`i.-\tia+`~~y ' LAND'vtA.RJi ' WESTtiV1ND VAN1'AGE PONT EAST LIONSfiF.AJ) CtRCLE Figure d-& - Polential Transfr Point Parall0t rn Srzurh Frpnfage Roud g ~ N{lRTH I.TOTi5Fi :AD PF.LE.STRIA7d f'OkRIDOR YEUESORT"'Ft7RF TRANSPL{tTA,7ft}N' CE*7'i'ER ARRTNFAL FAGRLiTY LCJGAJ-'1AlEGB Q NAI. 53iL.~'TLRS LOCp:LR:EGIOr'AL. 3'R,A7ti SIT AND CtiA:F'TFR, 6t7SES LAND3vfARfC TO'U11NI-IO}.iFS . - , ~ . . ~ . ~.~t . . . . . . , . . LANMLkRK - a ~ . - . . : ~ . _ _ ~1 r r: , . , . ~ _ . . ! . } _ .,..;e v ~ t . . . . . I p ~4 3 . y ~ : ~ . ~ - - ~ - T~ ~ t } . , . ~ . . , ~ ~ r...i _ v ~ r r. ' ~ ~ . . u ~ s q . , df ~4 ~Aw-` i s - ~ ~ _ • ' ~ 3 A. ._.r^ ~J 4 ~1 . • BRWjE TR rihi.iT ~rEHICLa"LAR. CTFlC(JT.tLI"IC7~V A(;C;ESSS'CO WC,OW.'.s'TRUi.~"URE. SERVFCE rilv"~? DE,LI4°F.:R.Y, F.kCILFCY a[€CRT TERM SKIEFt 13ItCiP-QFFF t1REA _ 1.,,41YDSCAPESC.S'.~rLNfNG TO4Ti'.,?LR1a5WFSW%Nb G4NDrJ7+4WUNIS figu,re 5-13 -£lrogtcs¢d ,?V,frth Zkiy i,rx: Tram-ir C.ewer 9 In accordance with 5ubsection 2.3.5, Improved Infrastructure, Policy Objectives, the following policy objective is stated in the master plan, "The infrastructure of Lionshead (streets, walkways, fransportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to supporf redevelopment and revitalization efforts and to meet the service expectations of our guests and residents." Pursuant to Chapter 3, Existing Conditions Assessment and Problem Identification, "The initial task in fhe Lionshead master planning process was fo conduct a thorough assessment of existing physrcal and regulatory conditions in the study area. The goa/ of this assessment was to identify the problems, opportunities, and constraints that the master plan recommendations must recognize and address. Furthermore, Subsection 3.8.3, Transit, of the master plan states, "The only portion of the in-toirvn shuttle route where buses must bypass the pedestrian environment and return to the South Frontage Road is in the core area between the East Lionshead transit sfop and Concert Hall Plaza. This interruption in the dedicated shuttle circuit forces buses to make several left turns to get on and off the frontage road, frequently causing delays in the transit schedule. To resolve the problem, the planning team explored the concept of punching an internal transit route through the pedestrian core or reserving a corridor for future transit needs. Both of these ideas met with extreme resistance from residenfs and business owners alike. A/though there may be no physical solution to tMis problem, the issue of how to connect the east half of Lionshead to the wesf half must be considered a priority in all future trantportation and transit planning for the Town of Vail. Chapter 4, Master Plan Recommendations - Overall Study Area, of the master plan states, "This section of the master plan addresses issues that affect Lionshead as a whole. These issues, and recommendations to address ther?t, should be considered in all planning and policy decisions as Lionshead develops. To that end, the following sections and subsections of the master plan provide direction for consideration in all pianning and policy decisions, 4.5 Public Transportation An efficient transit system is crifical to the character and environmental qualify of any pedestrian-oriented resort. Goa/s identified by the master plan regarding transit include: 10 4.5.1 Connection to West Lionshead West Lionshead consists of the West Day Lot, the Vail Associates service center, the sanitation plant, the Holy Cross lot, the former gas stafion site, the Varl Professional Building,. and Cascade Crossing. Because it is an area of potentially significant growth, it is important that it be fully integrated into the Town of Vail transit system. The West Lionshead properties are at the outside edge of the accepfable wralking distance to the ski yard (1200 feet). With a mixed use development in the area which integrates a ski portal, retail space, office space and residential development, transit service to this area and interconnections to other portals will be critical to develop in the future. In addition, fhe update of the Vail Transportation Master Plan shall provide direction on the ultimate location of a Lionshead Transit Facility along with needed interconnections between ski portals, regional transit stops, and other transportation modes. The addition of a ski lift in this area would make this area more vrable to redevelopment as it would be within the acceptable walking distance of a lift (1,200 feet). 4.5.2 Maximum Efficiency and Utilizatron The following recommendations are made to enhance the efficiency and functionality of the Lionshead transit connections in anticipafion of future redevelopmenf in the area: 4.5.2.3 Create a IVew Stop at the North Day Lot Transportation Center A new Towrn of Vail transit stop at the proposed transportation center on the north day lof will replace the existing stop at Concert Hall Plaza. Likely to be on the west Vail transit routes, this stop will coordinate with the regional bus stop and deliver west Vail transit riders to the newly created north Lionshead pedestrian portal. 4.5.3 Addressing Existing Problems 4.5.3.4 Concert Hail Plaza It is recommended that the existing Concert Hall Plaza transit stop be eliminated. 4.6.6 Creation of a iNew Transportation Hub on fhe iVorth Day Lot A principal componenf of fhe Lionshead transportation and circulation network is fhe creation of a fransportafion center on the north day lot. This facility will remove transit and service vehicles from other areas of Lionshead and create a major new entry point into the Lior?shead pedesfrian core. This concept is fully discussed in chapter five. 11 a Chapter 5, Detailed Plan Recommendations of the master pian examines individuai parcels and groups of parcels within the Lionshead Study Area. The intent of the chapter, and the master plan as a whole, is to identify important functional relationships and visual objectives within the district and to propose a . framework for the long-term redevelopment of Lionshead. The master plan is not intended to limit or eliminate ideas relating to specific parcels; any proposal consistent with this framework should be considered even if they were not anticipated in this document. With that said, the master plan identifies the following detailed recommendations for the use of the North Day Lot. 5.9 North Day Lot "The north day lot should be developed as a communify transportation center fo consolidate skier drop-ofif, local and regional transit, /oca/ and regional privafe shutfles, and charter bus drop-off and pick-up (see figure 5-13). A below-grade service and delivery facility could be constructed underneath the transit facility. By relocating these functions from their existing locations to one easily accessibfe location, this would improve the quality of vehicular and pedestrian circulation in Lionshead and create a significant new pedestrian portal info the center of the Lionshead retail mall. Based upon the results of the traffic study (see appendix A), the conceptual program for this facility is as follows: a. Skier drop-off.- Nine spaces are recommended at a minimum, but more should be built if possible to accommodate other program elements. b. Town of Vail transit: Two bus spaces are recommended to accommodate the West Vail transit loop and the possibility for an eastbound in-town shuttle stop. c. Regional transit: One bus space is recommended d. Charter buses: Three to four bus spaces are recommended. e. Local and regional shuttles: Four shuttle van spaces are recommended at a minimum. A critical consideration in the planning and design of this facilify will be its impact on the adjacent Landmark Tower and Townhomes and the Westwind. Depicted in figure 5-13a, a linear building is recommended at the southern edge . of the site to screen the lower levels of the Landmark Tower from the transit cenfer. This facility could house a bus shelter and waiting area, an information center, public restrooms, a small food and beverage operation, and an elevator core to the pedestriari mall level for ADA access needs. To the east, earthwork, landscaping, and/ or other screening measures should be considered to buffer fhe Westwind. A more comprehensive solution is to cover the facility with another level or two of development - perhaps for offices or employee housing - or with a roof. (Memorable European antecedents exist for grand, covered transportation centers.) Specifically, fhe design of the transportation center should address all impacts: visual, security, sound, and smell . that may affect adjacent properties. Bofh the Westwind and the Landmark should be closely involved in the transit center planning and design process. 12 4 , Since fhe adoption of 2he Lionshead Master Redevelopmenf Plan, plarts were developed to locate a Transit Center at fhe iVorth Day Lot. Integrating the number of uses mentioned above and addressing the neighborhood concerns regarding a transit center prompted the Town of Vail to evaluate alternative locations for a transit center. Alternative locations include: ~ West Lionshead o Lionshead Parking Structure o North Day Lot In 2006, the Town of Vail initiated an update of the Vail Transportation Master Plan. !n addifion, the Town initiated a development competition for the Lionshead Parking Structure which would rnclude a transit facility. It is recommended that the Transportation Master Plan update along with the conclusion of the Lionshead Parking Structure RFP process provide direction on the ultimate location for a Lionshead Transit Facility. " Based upon our review of the Lionshead Redevelopment Master Plan, staff does not believe that conditions have changed in the Lionshead Study Area that warrant an amendment to the Lionshead Redevelopment Master Plan, as proposed by the applicant. Staff believes that an amendment to the master plan which creates a future development site on the North Day Lot comprising nearly 25,000 square feet, or rough 52% of the North Day Lot land area, o significantly compromises the fundamental design objectives of the plan, o results in substantial conflicts with Recommended Actions of the plan, o negatively impacts the policy objective of providing improyed infrastructure within Lionshead, o fails to positively address the Overall Master Plan Recommendations, and o does not favorably implement the detailed plan recommends for future development of the North Day Lot as prediously determined. Further, staff does not beliede that the applicant has provided adequate evidence of how conditions relating to the need for public transportation improvements have changed that would warrant the creation of a future development site on the North Day Lot. The amendment, as proposed, significantly compromises the ability to implement the goals, objectives and policies of the master plan which promote the construction of public transit improvements on the site yet still takes into consideration the impact a transit facility will have on the adjacent Landmark Tower and Townhomes and the Westwind. Specifically, the applicant has not demonstrated how the creation of the future development site affords the opportunity to address the all impacts visual, security, sound and smell that may negatively affect adjacent properties. Staff believes that those impacts could be more positively addressed by the applicant in the absence of the proposed future development site and ensure that the future public transit improvements can be designed to meet the service expectations of our guests and residents, as stated in the master plan policy objectives. Staff recommends that the applicant reconsiders the plans submitted to.the Town of Vail in 2003 which provides for a public transit use on the site along with employee housing and improvements aimed at mitigating the impacts of the 13 1 development on the adjacent uses. It is staff's belief that the concepts described in the 2003 proposal are in keeping with the original goals, objectives and policies of the Lionshead Redevelopment Master Plan. Staff acknowledges that conditions have changed in the Lionshead Study Area which warrants the elimination of the proposed public loading and delivery improvements and support that particular amendment to the master plan. ' 2. How is the plan in error? The Town staff has reviewed the Lionshead Redevelopment Master Plan and believes that, while certain amendments to the master plan maybe necessary to more accurately reflect certain changes and developments that have occurred throughout the Lionshead Study Area since its adoption, the master plan is not in error as it relates to the North Day Lot. Instead, staff believes that the master plan remains both relevant and applicable to the general needs of the Lionshead area as originally intended when it was adopted. For instance, the plan was not in error when it states that, "An etficient transit system is critical to the character and environmental quality of any pedestrian-orienfed resort." And, "An efficient and flexible public transit system serving the entire Lionsead study area, including potential new development in the west end district, is essential to its [Lionshead] fufure. " And lastly, "A principal component of the Lionshead transportation and circulation network is the creation of a transportation center on the north day lot. This facilify will remove transit and service vehicles from other areas of Lionshead and create amajor new entry point info the Lionshead pedestrian core. " 3. How would an addition, deletion, or change to the plan be in concert with the plan in general? As previously stated, it may be possible for a deletion or change to the plan to be made that can be in concert to the master plan in general. For example, in 2003, in response to the proposed demolition of the Sun Bird Lodge to facilitate the redevelopment of the Core Site with the construction of the Arrabelle at Vail Square Hotel, Vail Resorts Development Company provide the Town of Vail Community Development Department with a set of proposed plans for the development of a public transit facility, employee housing and offices on the North Day Lot. The proposal utilizes the entire ground level of the North Day Lot for public transit improvements and screening/buffering the improvements from the adjacent uses. While more review and analysis of the proposal is required, the concepts suggested in the proposal are far more in keeping with the goals, objectives and policies of the master plan. 14 e i In this case, staff acknowledges and agrees that a deletion to the master plan of the public loading and delivery improvements could be warranted as alternate methods for addressing the loading and delivery needs in the Lionshead Study Area have been evaluated and are presently being implemented. IX. STAFF RECOMMENDATIOiV The Community Development Department recommends that the Town of Vail Planning and Environmental Commission forwards a recommendation of denial for a proposed text 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 those elements of the Master Plan referencing the North Day Lot recommendations and requirements, to facilitate the development of the site with a 120 bed employee housing project, a public transportation center, and future development site, located at 600 West Lionshead Circle. Staff recommendation for denial is based upon a review of the evidence and testimony presented and the review of the criteria outlined in Section VIII of this memorandum. Specifically, staff finds that the applicant has failed to demonstrate how conditions have changed to the public transportation needs within the Lionshead Study Area that warrant an amendment to the master plan creating a future development site on the North Day Lot. Should the Planning and Environmental Commission choose to forward a recommendation of denial to the Vail Town Council, staff recommends that the Commission makes the following findings, "Upon review of the application for an amendment to the Lionshead Redevelopment Master Plan, the Town of Vail Planning & Environmental Commission finds that conditions in the Lionshead Study area have not changed with regard to the need for public transportation improvements on the North Day Lot since the adoption of the master plan which warrant fhe proposed amendment, that the plan is not in error with regards to the detailed plan recommendations for the North Day Lot, and that the proposed additions, deletions, or changes as proposed by the applicant are not in concert with the plan in general. Furthermore, the Commission finds that the master plan, as adopted, adequately addresses the proposed future uses of the North Day Lot as documented throughout the master plan." X. ATTACHMEfiITS Attachment A-"North Dav Lot, Amendments to the Lionshead Redevelopment 1Vlaster Plan", dated February 21, 2008 Attachment B- aerial vicinity map 15 North Day Lot Amendment5to the Lion5head Reclevelopment Ma5ter Plan ~ ~ ~ , . - o. s; ~ February 2 1, 2008 VAILRESORTS Ii ;yAC';R :..I N :~ly Y R FSICI i~' F S Maarleito Planning Groap Attachment A I. Introduction This application is submitted on behalf of Vaif Resorts Development Company to clarify statements within the Lionshead Redevelopment Master Pfan (Lt1RMP). These amendments were developed in conjunction with the Town of Vail staff in order to address site development activities through the development review process for the North Day Lot in an efficient and comprehensive manner. The LFIRMP was adopted by the Town Council in 1998 after several years in the review and development process. Many of the issues and direction found in the plan were based upon planning and information available at that time. Now ten years later and following the redevelopment of numerous parcels and new ideas about uses for other sites within Lionshead, some of the direction in the original plan requires ciarification and modification to provide direction to the applicant and decision-making bodies. In the following sections are propo5ed text modifications and support analysis for the changes being proposed. 2. Proposed Amenclments by Chapter of LhRMP In this section the applicant has identified specific provisions that we believe warrant clarification or changes. The proposed revisions are in an underline and format. We provide an applicant analysis at the end of each section bein9 amended. Chapter I - Executwe Summary Applicant Proposed Amendment: 1.3.5 Transit • Create dispersed transportation centers in Lionshead en t"° aa-*h a^y to accommodate local and regional transit, local shuttles, skier drop off, and charter buses. Locations for these facilities may include the North Day Lot, the Lionshead Parking Structure, and West Lionshead (aka EverVail). • Relocate the existing Lionshead Place regional bus stop to ihe North Day Lot, Lionshead ParkinQ Structure, or West Lionshead area. Applicant Analysis: The Ll IRMP was rcvrsed in 2007 to include language that directed the transportation uses to the Lionshead Parking Structure and also referenced West Lionshead as a location for certaln transportation uses. This section should also reflect the exlstmg direction contained in Chapters 4 and 5 of the plan. North Day Lot 1 Lionshead Redevelopment Master Plan Amendments Applicant Proposed Amendment: 1.3.6 Service and Delivery • Create a central service and delivery facility in conjunction with the proposed transit facility on the North Day Lot LA central service and loadin facility was developed bv Vail Resorts within the Arrabelle project (core site) thus eliminating the need for an additional facility on the North Day Lot1. Applicant Analysis: As indicated above, a central loading and servrce facIkty has already been provrded within Lionshead eliminating the need for this public facility on the lVorth Day Lot. Chapter 3- Existing Conditions Assessment Applicant Proposed Amendment: 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 facility, employee housing, and other uses contemplated under the zonin on the propertv (LMU- D_eentff . The west day lot, located just west of the Marriott parking structure, has an approximate capacity of 160 cars and represents a significant development opporlunity. Parking displaced by redevelopment of these sites must be replaced within the Lionshead study area to satisfy the ground rule requiring no net loss of parking. The displaced parking will be provided in West Lionshead within a parking structure included as part of the EverVail project. Applicant Analysis: This amendment is added to simply clarify Vail Resorts intended solution to "no net loss of parking. " Chapter 4- Master Pian Recommendations - Overall Study Area Applicant Proposed Amendment: . 4.5.2.1 Relocate the Regional Transit Stop It is recommended that the Lionshead regional transit stop, cunently located at the Lionshead Place cul-de-sac, be relocated to the proposed North Day Lot , , the Lionshead parking structure, and West Lionshead. This will provide a Lionshead connection between the regional transit system and the Town of Vail transit system. In addition, visitors and employees coming to Lionshead by regional bus will arrive at a defined portal instead of the current "back door" on Lionshead Place. Finally, this will remove the large regional North Day Lot 2 Lionshead Redevelopment Masfer P/an Amendments buses from West Lionshead Circle and Lionshead Place: It may be possible to locate elements of a regional transit stop in the West Lionshead area in conjunction with a new ski lift and parking facility. However, given its location on the periphery of Lionshead, this area may not be the most viable location for a regional transit stop. Notwithstanding the above, facilities for skier drop-off, private shuttle vans and Town of Vail in-town buses should be included in the design of the ski lift and parking facility. In 2006, the Town of Vail initiated an update of the Vail Transportation Master Plan. In addition, the Town initiated a development competition for the Lionshead Parking Structure redevelopment, which would include a transit facility. It is anticipated that the Transportation Master Plan update along with the conclusion of the Lionshead Parking Structure redevelopment process will provide direction on the ultimate location for a Lionshead Transit Facility and/or the type of transit facilities that may be necessary in West Lionshead. Applicant Analysis: The LHRMP was revrsed in 2007 to include language that directed the transportation rrses to the Lionshead Parking Structure and also referenced West Lionshead as a location for certain transportation uses. This sentence is clarified given the new language included at the end of the panagraph. Applicant Proposed Amendment: 4.5.2.3 Create a New Stop at the North Day Lot Transportation Center A new Town of Vail transit stop at the proposed dispersed transportation center on the North Day Lot will replace the existing stop at Concert Hall Plaza. Likely to be on the west Vail transit routes, this stop will coordinate with the regional bus stop and deliver west Vail transit riders to the newly created north Lionshead pedestrian portal. Applicant Analysis: The LlIRMP was revised in 2007 to Include language that directed the transportation uses to the Lionshead Parking Structur,e and also referenced West Lionshead as a locatlon for certam transportation uses. lf the transportation center is not deve%ped on the north day lot, th15 sentence needs to be revrsed so that the "bus stop" 15 accommodated even though a transportation"center might be located elsewhere. Applicant Proposed Amendment: 4.6.6 Creation of a New Transportation Hub on the North Day Lot North Day Lot 3 Lionshead Redevelopment Master Plan Amendments A principal component of the Lionshead transportation and circulation network is the creation of dispersed transportation facilities e€#€~ in the Lionshead area en the-ne## day--le~. This facility will remove transit and service vehicles from other areas of Lionshead and create a major new entry point into the Lionshead pedestrian core. All or portions of these dispersed transportation facilities may be located on the North Day Lot, . the Lionshead parkingstructure, or in West Lionshead. This concept is fully discussed in chapter five. Applicant Analysis: The LHRMP was revised in 2007 to Include language that directed the transportatlon uses to the Lionshead Parking Structure and also referenced West Lionshead as a location for certain transportation uses. The North Day Lot, a priuately held parcel of land, cannot reasonably accommodate al1 of the transportation uses originally envrsioned for this parcel glven its small size, location, and configuration. Some uses wlll more reasonably need to be located in other dispersed locations within Lionshead as identified by the LHRMP. Applicant Proposed Amendment: 7 1~T~..-1, T.,.u, , T.. ~v+ T.-.,....;~ !'.,n cc..+..,- 4T'7~ rra~rc*n -aZrn-zraan. ccr Tt.o 0,7 ..,,.+t, ,7.,., 1„r r.-.,.,s:r „ro,- .,f'f rs a-n oppe„-r,,,,;t., to e„s*pd iafge sentfal ser-viseand Qeliver-y €ae-ility at the-saine time (see-figur-o-4-1Z2).e f ,.:i;t, . „la bo b,,:l, , ,,do.. s*,-.,e,,,roa ,,.,rv;,,g ao,.U .,,,d . ,,ui,i s_ t,o Lionshead -sei-°fFerght elevateii:s; and a-sepoice-tuniie1-T-ke ser-viee •,,.,..el „la open the ...oao..+.-:.,., the ,,,,,th . ,.,ii „f +ho „ r : „sho.,a Pe ~I ' i . Ibetween ge and the Landfftar-k Tewer, it is os.:..,.,.oa «h,,« ,h:s f ,.;i:.., „ia s o.,v , el,,,,,o of a .,,.,taiy_1t figur-e 4 13T Applicant Analysis: This section is proposed to be de%ted rn its entirety. The centrallzed loadmg and delivery faality has already been deve%ped wlthin the Arrabel% (core 51te) project. Therefore, there is no longer a need for the same functlon on the north day lot. Along with de%tlng the text of this section, figure 4- l 3 on page 4-37 should also be e%minated from the plan. Applicant Proposed Amendment: 4.9.4 Potential Housing Sites Following are specific sites that have been identified as suitable for locals and employee housing (see Map W). North Day Lot 4 Lionshead Redevelopment Master Plan Amendments 4.9.4.3 Vail Associates Service Yard Holy Cross Site, Vail Professional Building, Cascade Crossing, North Day Lot, and the former gas station site All redevelopment in West Lionshead will need to conform to the Town's housing policies and requirements. In order to create activity and vibrancy in West Lionshead it is appropriate to include some dispersed employee housing opportunities for permanent local residents in proposed developments in the area consistent with these policies. Perhaps the most promising locations to replace the Sunbird affordable housing project and to conform to the Town's housing policies and requirements for new employee housing generation in Lionshead are the North Day Lot, Vail Associates service yard, and Holy Cross site. However, housing is not the only use these three properties will need to support. T'he North Day lot is considered to be the preferred location for a significant housing project in Lionshead to replace the Sunbird affordable housing project and provide housing for new employee generation. The North Day Lot may also need to accommodate a transit center on the ground level of the development site. Additionally, it may be necessary to develop a higher revenue-generating product on a portion of the Vail Associates service yard, Holy Cross, Vail Professional Building, and Cascade Crossing sites in order to defray the cost of road and infrastructure improvements. In planning the site, the following issues need to be considered. While it is important that bualdings here be visuallv consistent with the overall character of Lionshead, the desire to maximize the housing potential mav make appropriate the following deviations from standard development parameters [moved from paragraph below]: , . a. Densi The site offers a unique opportunity to achieve significant density. Seeon~, It is recommended that the standards for density (units per acre) be increased at this location to allow for a greater number of employee housing units and live beds. While it is important that buildings here be visually consistent with the overall character of Lionshead, the desire to maximize the housing potential may make appropriate the following deviations from standard development parameters. b. Buildin Height for Employee Housing F44-, It may be appropriate to allow for a greater overall building height than is otherwise allowed under the Lionshead Architectural Design Guidelines. Any increase in building height will need to be reviewed on a case by case basis by the Town of Vail, and any eventual building height will still need to be visually appropriate for this location. c. Parking North Day Lot 5 Lionshead Redevelopment Master Plan Amendments Thir-d, It may be appropriate to reduce the parking requirements for employee housing at this location given the sites proximity to . transportation facilities, jobs, and pedestrian routes. In consideration for reducing employee parking for the housingprovided on this site, . parking for other employees of the owner provided on this site should be considered. Excess parking may be used to satis , the no net loss of parking policy or for future Qarking requirements of other development on the property (i.e., future lives beds). d. Site Coverage and Landscape Area and Setbacks Consideration should also be given to increasing site coverage and reducing 'setbacks and landscape area in order to maximize the amount of employee housing on the site and/or due to impacts associated with the development of a public transportation facilitv on the properiy. With any deviation to development standards prescribed in the master plan and zoning regulations, consideration of impacts should be afforded to the neighboring residential uses to the North Day Lot. Any design with such deviations will need to be sensitive to creating good designs with mitigation measures such as heated sidewalks and well planned landscape materials. Additionally due to impacts from the Town's dispersed transportation center on nei h~ boring residential uses, mitigation measures should be provided to buffer and screen residential uses. e. Encroachments on Town Land The Town of Vail owns a small parcel of land on the north side of the north day lot which accommodates the pedestrian bridge over the interstate highwav. This land was dedicated to the Town by Vail Associates in 1976. In order to allow for more efficient lavout and development of employee housing on the site and/or the dispersed transportation facility, the Town should eive consideration to allowinQ development of employee housing and/or transportation uses on this parcel of land as part of the development of the north dav lot• Applicant Analysis: This site has speclal c1rcum5tance5 not generally applied to other properties in Lionshead due to the imposition of a public transportation facility. Due to this recommendation of the master plan and the desire to maximize employee housing uses within Lionshead area, special relief from deve%ment standards should be afforded to the property owner to help mitig,~Ite the impacts of having a significant public facility on priuate land. This amendment helps provide c%ar policy dlrectlon to the Planning and Envrronmental Commi551on, the Town staff, and the applicant. North Day Lot 6 Lionshead Redevelopment Master Plan Amendments Applicant Proposed Amendment:Figure 4-12 - Delete this figure found on page 4-35 as it is duplicaNve of figure 5-13 found on page 5-26 Figure 4-13 - Delete this figure found on page 4-37 Chapter 5- Detailed Plan Recommendations Applicant Proposed Amendment: 5.1 Lionshead Tourist Information Center The Lionshead Tourist Information Center is currently located just west of the entry to the Lionshead parking structure and is accessed directly off the frontage road. If the entrance to the Lionshead parking structure is relocated as shown in figure 5-1 this existing facility will need to be relocated. Potential locations for the center include the Future Vail Civic Center, the parking structure, and West Lionshead'h°'`TeF'h T`a.. TO• «_.,.,s:* ,,.o.- Applicant Analysis: Glven all of the actlvrties proposed for the north day lot it 15 more appropriate to conslder other locations for a tourlsts office. West Lionshead is perhaps a more logical location since it is on the western approach to Llonshead. Applicant Proposed Amendment: 5.8.3 Pedestrian Connections Through the Core Site There is a critical north-south pedestrian connection between the ski yard and the proposed *r^~sief transportation and skier drop-off uses on the north day lot. This connection will require at least one north-south penetration through the Vail Associates core site, and there is an opportunity to create a second one, as shown in figure 5-9. The east-west pedestrian corridor originating at the east Lionshead pedestrian portal should also be extended into the Vail Associates core site, connecting with the north-south corridors. These connections should be part of . the "primary retail mall" (see site design guidelines, chapter 6) to reinforce the village character of the core. It is not necessary that flanking architectural forms be completely separated in order to define pedestrian comdors. Instead, opportunities to create significant architectural portals are encouraged to highlight the transition from one public space into another. Applicant Analysis: North Day Lot 7 Lionshead Redevelopment Master Plan Amendments This section is proposed to be modified so that it is not assumed that the transportation facikty is rrecessanly deve%ped on the north day lot but that some transportation uses are still planned and likely to be deve%ped there. Applicant Proposed Amendment: 5.9 North Day Lot While the North Dav Lot is a privatelv own parcel of land, consideration should be iven bv the owner and the Town to includin tg ransportation related uses on a portion of the ground floor. Ideally the uses to be considered for the site should include i„* sh,,,,u bo ao..oi,,..oa ,;:t„ ....,,,s,.,,,,.,.:,,,, ,.o,,.o,- .o ei;d.,.o skier drop- off, local and regional transit, local and regional private shuttles, and charter bus drop-off and pick-up (see figure 5-13). nbelo,:-h~ad° sen,iee ia a°':,.°ry fae:':*y ^ „'a ii°'f,e*°a na°m°^*h *h° *F^f°:* f^:';t. By relocating these functions from their existing locations to ene easily accessible locations, this would improve the quality of vehicular and pedestrian circulation in Lionshead and create a significant new pedestrian portal into the center of the Lionshead retail mall. Based upon the results of the traffic study (see appendix A), the dispersed transportation facilities need to include: Eefleeplida-l a. Skier drop-off: Nine spaces are recommended at a minimum, but more sbould be built if possible to accommodate other program elements. b. Town of Vail transit: Two bus spaces are recommended to accommodate the West Vail transit loop and the possibility for an eastbound in-town shuttle stop. c. Regional transit: One bus space is recommended d. Charter buses: Three to four bus spaces are recommended. e. Local and regional shuttles: Four shuttle van spaces are recommended at a minimum. It should be noted that the North Day Lot is a small parcel of land and that the location and shape of this parcel mav not allow for all of the uses identified above without having significant implications to traffic circulation pattems and the owners ability to develop the site with a quality development as allowed under zoning for the property (the site is considered one development site for the purposes of zoning). There needs to be a balance between the development goals for the propertv and the impact of public uses on those goals. In order to meet the obliQations of agreements re arding the Arrabelle project (core site), at a minimum skier drop off must occur on this site. As discussed below, the Lionshead parking structure and West Lionshead also provide opportunities for some of the transportation functions identified above. Given the imgacts of a public transportation use and to maximize the opportunities for emplovee housing on the propertv, development standards such as site coverage, landscape area, setbacks, and building height may be adjusted to afford more flexibilitv to the property owner (see section 4.9.4.3) and approved by the Planniniz and Environmental Commission. North Day Lot 8 Lionshead Redevelopment Master Plan Amendments In order to create more efficiency with the site development and to mitigate for the presence of a public transportation facility on private property, the Town mav allow for encroachment of uses on the parcel of land owned by the Town on the north side of the north day lot This encroachment may also help to miti at~ e impacts to adiacent properties to the south bv maintaining adequate setbacks. There mav be a need to move or enhance the pedestrian bridge abutment and access as part of the transportation facili . A critical consideration in the planning and design of this facility will be its impact on the adjacent Landmark Tower and Townhomes and the Westwind._Depicted in figure 5-13a, a linear building, screen, and/or landscape buffer is recommended at the southern edge of the site to screen the lower levels of the Landmark prope rties Tewe~ from the transportation facilitv *-^r°~~eente . If necessary to provide adequate buffering a wall or fence in excess of 6' could be considered. This screen fiacility could house a bus shelter and waiting area, an information center, public restrooms, a small food and beverage operation, and an elevator core to the pedestrian mall level for ADA access needs. To the east, earthwork, landscaping, and/ or other screening measures should be considered to buffer the Westwind. The dispersed transportation facility would be covered by emplovee housinp, or other uses contemplated by the Lionshead Mixed Use Zoning -1 and any exemptions/deviations °..e..s.. _ .,o_u'.:,,.. . *_o th° ~ _:_:*w__h discussed herein. ^ _.,==r= -fner-e ~ icvcrvx cwo oi-acacioprrrcnt pcrhaps z6r- 6ffiE°cS @r cmpl6ye8 h61i6in"' or- "+h "f fTR L.1 ~ ?e e.7o..t~ o ~.7 r.- ro- - ~ 1 lm- ~......Y~.~.. o---,,-"~ --'--e--- -----~r-..----,-r.,+: i Specifically, the design of the transportation center. should address all impacts: visual, security, sound, and smell that may affect adjacent properties. Both the Westwind and the Landmark should be closely involved in the transit center planning and design process. Since the adoption of the Lionshead Master Redevelopment Plan, plans were developed to locate a Transit Center at the North Day Lot. Integrating the number of uses mentioned above and addressing the neighborhood concems regarding a transit center prompted the Town of Vail to evaluate alternative locations for a transit center. Altemative locations include: • West Lionshead • Lionshead Parking Structure • North Day Lot In 2006, the Town of Vail initiated an update of the Vail Transportation Master Plan. In addition, the Town initiated a development competition for the Lionshead Parking Structure which would include a transit facility. It is recommended that the Transportation Master Plan update along with the conclusion of the Lionshead Parking Structure RFP process provide direction on the ultimate location for a Lionshead Transit Facility. North Day Lot 9 Lionshead Redevelopment Master Plan Amendments Applicant Analysis: The Lf1RMP was revised in 2007 to include language that directed the transportation uses to the Lionshead Parking Structure and also referenced West Lionshead as a location for certain transportation uses. This amendment is necessary to clarify some of the 15sue5 and problems assoclated with the North Day Lot. The master plan is a conceptual document and the number of transportation uses indicated for this site dld not appropriately consider the impacts to the site, the arculation implications to the adjacent roadways, and the other needs for deve%pment of the property and the desire for the Town to have dispersed transportation facrlities. The proposed amendment also recognizes the physical needs for a transportation facility on the property and Its impact to typrcal deve%pment standards. Unlike most properties in Lionshead, the need to accommodate a significant public facility places a special burden on this property. Applicant Proposed Amendment: Figure 5-13 - Amend this figure on page 5-26 to renect the current proposec? development opportunities for the North Day Lot as shown below: CC}NCEPTtJAL SITE DEVElC1PmEv i 8 CtkC;JLATIC>N QPTIC>PJ R:~:~t.sv!rttx. LqNW.'kAHK UNOMARK 1{SWNNf,3htE5 ~ irouu~hP ~ic nnrng [sHaaetn A n.awu ~„fa VJ Q ~ Q w cw:.uwan I+Oreu CONOUttqr7UM ~ a a! Bu404nG v ~ ~~s ~ ~ . - ......a, ~ r~~~~`'~yI' r_ Y..-~ ttff[Ritl![ttWARM1 r~Y- ~ MWfP. ' ::ON::F.PTIJAI. SiTF pF.VEtC7p,'vtEtvT & rlRCl11A.Ttc,td C}RTI(:)N !e?:..+,:W>o!"x Ue;tilAlbR4 ~ ~.AAKTR.YRriOME5 ~J 1 O \ G CA4f"CYEE y~~ f /tGU51tFGF84Y[ lr ~lr r ~ jT~14t7fA7 ~cvacnx.v ew~Z~ - 'k~' kP'F~~~ dH "~•'~-w'p5'Y ~ ~ _ e ~1Q~ wo~u~ Co200M.4iAtM r ; L3 {,.`{j'~) I ~F • ~ ~O' ~Y ' u..e'$ 0 _ - m•wu North Day Lot 10 Lionshead Redevelopment Masfer Plan Amendments 3. Amendment Authority The authority to amend the Lf1RMP is contained within Section 2.8 of the plan. It states: 2.8 Adoption and Amendment of the Master Plan The Lionshead Master Plan was adopted by resolution No. 14, Series of 1998, on December 15`h, 1998, by the Vail Town Council following a recommendation to approve by the Planning and Environmental Commission. Future amendments to this master plan must be approved by resolution or motion by the Town Council following a formal recommendation by the Plannirig and Environmental Commission. Implementation activities and ordinances will be approved in accordance with the Town of Vail Municipal Code. ' 4. Review Criteria The Lionshead Redevelopment Master Plan nor the Town Code contain any codified review criteria for master-plan amendments. However, the Town has used the following criteria in the past. We have also utilized the criteria historically used by staff. A. 11ow have conditions changed since the plan was adopted? Applicant Analysis: The Lionshead Redeve%pment Master Plan was origlnally adopted in l 998. lt is now almost l O year3 since the original adoption and the Town has experience 51gnlficant change throughout the Town in the form of redeve%pment. Additionally the Town's knowledge of circulation and transportation has also improved with the revrsions to the Town's Transportation Master Plan. Much of the planning and study of the transportation facilities within the Town occurred after the adoption of the LHRMP. Therefore, conditions have changed with respect to under5tandmg the needs for transit and other facilities throughout the T.own. These proposed amendments help maintam the master plan as current and re%vant as conditions change and new information is aixailable. B. 11ow is the plan in error? Applicant Analysis: The Lionshead Redeve%pment Master Plan is in erl-or only in that it does reflect the current under5tanding of the arculation and transportation needs of the Town. As redeve%pment has occurred within the Town so have the needs for transportation facilities. The Town now recognizes the need to address transportation facilities in a di5per5ed fashion. The plan, North Day Lot l 1. Lionshead Redevelopment Master Plan Amendments whilejust a recommending document, should be amended to ref/ect the current reality of the transportation system within I/ail. The proposed amendments help to resolve any errors that may currently be contained in the document with respect to the lVorth Day Lot. C. 11ow would an addition, deletion, or change to the plan be in concert with the plan in general? Appllcant Analysis: The proposed changes, additions and de%tions bring the Lionshead Redeve%pment Master Plan up to date wlth the current knowledge and understanding of the transportation needs within the Town and the desire for a dispersed system. The proposed changes provide c%ardlrection to the staff and Town officials as well as the owner of the North Day Lot. The propose changes are In concert wlth the plan in general. North Day Lot 12 Lionshead Redevelopment Masfer Plan Amendmenfs . _ y :.i~ t 7 ! a~ 7~ o a % e~~~ j , a ly ' ~ ~1 > 4Lot 71. LbT -a; x . i. 1 ~ ~.r sa~ ~r r~~ ,s Crya,~.: i,l r ~~'5•j Ii ra, „Y-. . ;,i,a7 A- ' i l r,n ~~kyj iv -~a ~t } -FL D ~r~i ~.T-4~7 ~4Y4 ~€t. i 7 F 4 1 ?s~., il . - _ ~ , ~4 !4 I ~1 . ~~'Mi ~ + t t . { ~ ~z ~ d ~ , . ~ ' ~ : . t ~ . ~+h Y : .77 , ~ ~ ~ : •.f . ~ . ' . , - . . . . i , sr ' r- , .r y ~v . f y~ , 1 A Ap 2,~~- _ 1 1 r 1 F' t. t' . I . I l y. tit C,Z 3: , Page 1 of 2 Warren Campbell - Letter from the President of Westwind at Vail - North Day Lot From: "Jeff Jacobs" To: I)ate: 03/17/2008 10:59 AM Subject: Letter from the President of Westwind at Vail - North Day Lot CC: , "'Dominic Mauriello"' "Steve MacDonald" March 17, 2008 RE: North Day Lot Dear Ladies and Gentleman of the Vail Town Council, The Westwind Condominium Association is very concerned about the plans to develop the North Day Lot. There are several matters that I will address separately. We are dismayed over your plans to place a transportation hub on the western part of this lot. In a recent meeting with representatives from the Town of Vail, Mauriello Planning Group and Vail Resorts, we learned that this hub is intended to accommodate local shuttles, regional buses like the ECO carriers, vans and other vehicles. While it seems that there are plans to use hybrids for the in town shuttles, the ECO buses will continue to be diesels. Moreover, the traffic volume will dramatically increase on both Frontage Road and the North Day Lot. We are naturally dissatisfied with the tremendous increase in pollution this facility will create to the detriment of our condominiums. This transportation center will create a dramatic increase in noise from the numerous heavy vehicles and ruin the air with the foul smelling exhaust that they belch out. Moreover, the headlights from all these vehicles wili be shining into the windows of condominiums on the west side of our building, creating a nuisance at all hours of the night. It was ironic to read in a recent issue of the Vail Daily that the Town of Vail hopes to fund this center with incremental taxes from rising property values. It can hardly be gainsaid, however, that placing this center on the North Day Lot has the potential to lower property values in the Westwind and the other condominiums surrounding the North Day Lot. We are naturally pleased with the efforts and expense that Vail Resorts and the Town of Vail have expended to place Lionshead on par with Vail Village as a world class resort. The contemplated development, however, seems to undernune those very efforts. One should note that the transportation center in Vail Village is in an isolated area on Frontage Rd. that has minimal, if any, impact on surrounding dwellings or on the Village itself. The contemplated North Day Lot development will have a deleterious effect on numerous condominiums that have been trying to improve themselves to be consistent with the new community. We understand that you will need to obtain a zoning variance to proceed with this development. As good neighbors, we would like to avoid asserting formal objections to a zoning variance, but your present plans make this approach impossible. There are numerous other locations where a transportation file://C:\Documents and Settings\Administrator\Local Settings\Temp\XPgrpwise\47DE4F... 03/17/2008 . Page 2 of 2 hub could be placed to serve its purpose without causing the adverse impact of the present site. We urge you to consider alternative locations. At a minimum, you should consider surrounding the transportation hub with a wall or placing the entire hub under ground level to reduce its impact. Many of the same problems that apply to the transportation hub also require your reconsideration of the employee housing structure. While we appreciate the need for employee housing, it seems imprudent to place a large employee housing building in the midst of an area that you are trying to turn into a world class resort. It simply will not have the type of construction that will characterize the rest of the area and will be a"sore thumb" greeting people who arrive in Lionshead. There are numerous, more appropriate places for employee housing, either further west or even on the other side of the highway. Finally, we note the positioning of a massive hotel on the most recent plans created by the Mauriello group. Initially, Mauriello's group advised that this hotel was only a concept that Vail Resorts may or may not develop several years down the road.. Unfortunately, in a more recent conversation, Mr. Mauriello indicated that they were actually proceeding with more detailed plans for this structure. We strenuously object to placing an eighty-four foot structure right next to the west side of our building. We note that the latest plans do not even contain any visual corridors. In effect, as the building is now conceived, the western half of our units will be looking at a huge wall. If Vail Resorts really plans to proceed with this project, it needs some serious changes to decrease its impact on our building. You should also consider the overall impact that these structures will have on the area. The density of the buildings will create congestion on Frontage Rd. from Lionshead to Vail Village. The increase in traffic will result in both safety and noise problems for the entire area. Accordingly, we urge you to reconsider the density of the present proposals. Thank you for your consideration. Yours truly, Robert A. Wainger President Westwind Board of Directors waingerr@bellsouth.net cc: Graham Frank / Vail Resorts Development Co. Dominic Mauriello / Mauriello Planning Group Greg Hall / Town of Vail Warren Campbell / Town of Vail Community Development Dept / Town of Vail file://C:\Documents and Settings\Administrator\Loca1 Settings\Temp\XPgrpwise\47DE4F... 03/17/2008 CONCERNS, ISSUES AND REQUESTS OF LANDMARK-VAIL CONDOMINIUM ASSOCIATION REGARDING PROPOSED DEVELOPMENT OF NORTH DAY LOT BY VAIL RESORT DEVELOPMENT COMPANY March 31, 2008 1. Landmark has not had sufficient time to evaluate the proposal. Landmark officials met with TOV and VRDC officials for the fist time on February 8, 2008. Application submitted February 21, 2008. 2. Location and planning of bus station on NDL appears rushed and improperly and unfairly being driven by employee housing requirements for Arrabelle. Locating and planning of bus station on NDL needs to be done thoughtfully, deliberately and carefully. 3. The Master Plan states: "A critical consideration in the planning and design of.this [transportation] facility will be its impact on the adjacent Landmark Tower and Townhomes and the Westwind." Section 5.9. It appears from the proposal that little, if any, consideration was given to the impact on Landmark. Cunent planning and design unnecessarily negatively impact Landmark. 4. The Master Plan further states: "Specifically, the design of the transportation center should address all impacts: visual, security, sound, and smell that may affect adjacent properties. Both the Weswind and the Landmark should be closely involved in the transportation facility planning and design process." Section 5.9. Landmark was permitted virtually no involvement before the plan was formally submitted. Landmark should have been involved in the planning and design process before the application was submitted. 5. Increased noise; proposed location of buses in such close proximity to Landmark (with 20 feet of Landmark Tower units) will greatly increase noise and materially negatively impact Landmark owners and guests. 6. Increased air pollution; proposed location of buses in such close proximity to Landmark (with 20 feet of Landmark Tower units) will' greatly increase air pollution and materially negatively impact Landmark owners and guests. 7. Increased light pollution; proposed location of buses and bus traffic in and around Landmark will greatly increase light pollution and materially negatively impact Landmark owners and guests. 8. Increased vehicle traffic; proposed location of buses and bus traffic will greatly increase vehicle traffic and congestion and impede traffic flow in and about Landmark and West Lionshead Circle and materially negatively impact Landmark owners and guests. 1 9. Increased pedestrian traffic; proposed location of bus station will greatly increase pedestrian traffic in and about Landmark and materially negatively impact Landmark owners and guests. 10. Increase in trash and littering; substantial increase in pedestrian traffic in and about Landmark will greatly increase trash and littering in and about Landmark and materially negatively impact Landmark owners and guests. 11. Increase in security concerns; substantial increase in pedestrian traffic in and about Landmark will increase security concerns and risks for Landmark property, owners and guests. 12. Proposal locates bus station as close as possible and too close to Landmark. This unnecessarily magnifies negative impacts on Landmark. 13. Bus station should be located as far as possible from Landmark. This will reduce impacts on Landmark. 14. Bus station should be located as far north as possible. This will reduce impacts on Landmark. 15. Proposed bus station location requires passengers to walk by and along ' Landmark's northern property line. This unnecessarily greatly magnifies negative impacts on Landmark. 16. Bus station drop off/pick-up should be located as close as possible or closer to Tract C. That will reduce impacts from pedestrians on Landmark and shorten the distance that pedestrians will have to walk to the lifts and thus enhance guest experience. 17. Proposed entrance to bus station off of West Lionshead Circle will greatly exacerbate traffic and congestion problems in and around Landmark and West Lionshead Circle. This is already a problem area. Traffic and congestion in that area is going to only increase as the Arrabelle sell-out is completed and its use increases, and with the redevelopment of Landmark, Lionsquare Lodge, Lionshead Inn and possibly also Concert Hall Plaza. Those redevelopments will result in an increase in vehicle traffic in and about West Liorishead Circle. 18. Proposed entrance to bus station should be located off of South Frontage Road instead of West Lionshead Circle. This will remove buses from West Lionshead Circle and thereby reduce traffic and congestion in and on West Lionshead Circle and Lionshead Place. This is called for in the Master Plan which provides that relocation of regional transportation stop from Lionshead Place cul-de-sac to NDL "will remove the large regional buses from West Lionshead Circle and Lionshead Place." Section 4.5.2.1. 2 19. Buses should exit onto South Frontage Road as proposed. Bus station should be a pull off/on from and to South Frontage Road. 20. Proposed bus entrance/exit and bus station are not separated or shielded from Landmark by a building. This unnecessarily greatly magnifies negative impacts on Landmark. 21. Proposed bus station is essentially to be located between two buildings (Landmark Tower and new NDL building). This is worst possible location for buses and unnecessarily greatly magnifies negative impacts on Landmark, including noise. 22. Bus entrance/exit and bus station should be separated from Landmark by the entire new proposed building on NDL, not merely a fence, wall, landscaping or berm. This will shield Landmark and reduce impacts on Landmark. Impacts would instead properly be redirected north toward I-70 which would act as a buffer of the impacts for properties north of I-70. This is provided for in the Master Plan which states: "[A] linear building is recommended at the southern edge of the site to screen the lower levels of the Landmark Tower from the transit center." Section 5.9. 23. All parties (Landmark, TOV and VRDC) agree at a minimum that NDL is a less than ideal location for the bus station for many reasons and that a preferred location is on the redeveloped Lionshead parking structure. This is also recognized in the Master Plan. See Section 4.5.2.1. Bus station on NDL should accordingly be designed and constructed in a temporary fashion so that it may be relocated to the redeveloped Lionshead parking structure for a permanent home. It appears this will also result in a significant cost savings. 24. Bus station is shoe-horned onto only the western part of NDL to accommodate a future hotel on the east side of NDL. This places bus station as close as possible to Landmark and unnecessarily greatly magnifies negative impacts on Landmark. 25. NDL is too small (1.09 acre) for all proposed competing uses, especially as a bus station. 26. Bus station should not be limited to western portion of NDL if necessary to implement impact reduction items listed herein, including without limitation screening building on NDL and bus station located off of and as close as possible to South Frontage Road. 27. According to VRDC, the Project with the bus station does not comply with all existing planning requirements including as to site coverage, landscaping and encroachments. Project should be required to comply with all applicable planning requirements. 28. Master Plan does not contemplate a hotel on NDL. Location of proposed hotel appears to exacerbate impacts on Landmark. 3 ( a 29. A bus station on NDL will have a significant negative impact upon the West Lionshead Circle neighborhood which is primarily residential and includes many properties which are undergoing or planning major upgrade redevelopments (Landmark, Lionsquare Lodge, Lionshead Inn and possibly also Concert Hall Plaza). 30. Proposal does not accommodate and incorporate access to and limited drop- off parking for Landmark's front-door. Sole access to and drop-off parking for Landmark's front-door is through and on NDL. Such access and parking needs to be incorporated into VRDC's plan. This is called for in the Master Plan which states: "Planning for development of the north day lot should explore all possibilities to integrate a new front door for the Landmark into the new facility." Section 5.10.1. Prior designs for NDL development by VRDC incorporated this needed access and parking for Landmark: If and when Landmark's redevelopment is completed, such access and parking may be unnecessary. 31. Plan does not include a fire staging area. Plan should include a fire staging are that will jointly serve any new NDL buildings and Landmark. 4 Lionshead Transit Center White Paper Prepared for: Town of Vail Public Works Prepared by: Felsburg Holt & Ullevig 6300 S. Syracuse Way, # 600 Centenniai, CO 80111 303-721-1440 April 10, 2008 FHU Reference Number 05-168 INTRODUCTION The Town of Vail has been planning for a major transportation center in the Lionshead portal area for many years. This was identified in the Lionshead Master Plan prepared back in 1997. Since 1997, The Town has reviewed numerous sites as potential centers for transit including public services, shuttles, and skier drop activity. The need for a center has only been strengthened due to significant planning in the Lionshead area and given the potential for regional growth along with associated regionai transit service. The Vail Transportation Center (VTC) has a finite capacity, and increased service by current providers (Vail and ECO) and the advent of additional providers (I-70 Front Range Service and Summit Stage for example) will overwhelm the practical functionality of VTC facility if it is to serve as the only transit hub within Town. NEED FOR A LIONSHEAD TRANSPORTATION FACILITY Lionshead Activitv Lionshead is a major hub today including a gondola and ski lift, a major parking structure, and tourist-oriented commercial space, and condominium units. Recent redevelopment and planned redevelopment, such as Arrabelle, Lionshead Center, Landmark, and the Lionshead Parking Structure redevelopment will establish Lionshead as a near equal rival to the activity in Vail Village. Currently, the Lionshead Village area is anticipated to see approximately 1500 net new units and 290,000 additional square feet of non-residential development given current plans. In 1997, the new development levels anticipated were approximately 586 units and 193,000 square feet of non- residential uses. The residential unit count has nearly tripled since the 1997 plan while the non residential uses have increased by 50 percent. As this growth comes to fruition, there will be a stronger natural "demand" to travel to/from this hub, and this will require numerous bus routes from several services to stop at Lionshead. Current Vail routes that stop at Lionshead include the In-Town shuttle, and the West Vail routes. In the future, there is the potential to construct a new underpass of I-70 at Simba Run, and this will establish the Lionshead Transportation Center in a much better position than the VTC to serve as the ski-area access hub for western Vail with respect to transit; the synergy that could be developed by a Lionshead transit center and the Simba Run Underpass together will be an extraordinary enhancement to transit service in West Vail. Further, given the potential of a line-haul, Frontage Road bus routing system to make use of the Simba Run underpass, it would be prudent to establish a notable transit facility at a notable hub (Lionshead) along the line-haul route. The Simba Run underpass could also provide for a connection with the Sandstone route as well. Potentially, five bus routes could serve Lionshead in the future as compared to only three today. In addition to Town service, current regional service to Lionshead includes five routes. The ECO Transit will continue to "want" to serve Lionshead, maybe more so given the growth that is planned at Lionshead. ECO Transit sees a Lionshead Transit Center as a way to improve the efficiency of their current routes by establishing a Vail terminus in Lionshead. Regional ridership has increased 29 percent over the past two years. This regional demand is anticipated to increase much more as growth in Eagle County continues and Vail redevelops and adds jobs. Today, ECO Transit struggles to maintain their bus schedules due in part to the popularity of their service. This challenge prevents too much deviation from their primary routes. i ` 1 l In addition, dwell times have been kept to a minimum by ECO Transit, again in the interest of trying to keep up with their schedules. Future growth will only add more demand to ECO service, thus requiring additional buses along their routes (and the need for additional accommodation in Vail). ECO Transit's revenue has increased by more than 10 percent per year, and they have utilized this increase to add 10 to 15 hours of daily service each year. This year, ECO Transit added the Edwards Express and also established some shadow/piggy back service (when two buses run together as one run). Besides ECO Transit, other regionai services that choose to serve Vail wiil want to serve the Lionshead hub. Regional bus service connections to Vail are being considered for Summit Stage. This is currently happening on a private basis via Vail Resorts buses. The Roaring Fork Transit Authority (RFTA) is considering connecting to ECO Transit on the west end of Eagle County, potentially introducing new transit market ridership from Pitkin and Garfield Counties into Vail. Also, an I-70 Front Range Service is being discussed. Like ECO, these too would "want" to serve a major hub area like Lionshead due to the natural attractiveness VTC Caqacitv ' A Lionshead Transportation facility will also provide needed redundancy to VTC. Today, it is not uncommon for the VTC to experience more buses on-site than bus-spaces. Currently, there are six bus bays, and each hold up to two buses. ECO Transit uses two bays, and peak times can see four or five ECO buses at the VTC. The Town uses the remaining four bus bays, and most peak periods see each stall serving two v.ehicles, in part due to the need to shadow several routes. Besides accommodating more bus routes, the VTC is also a designated area for bus drivers to take a break. Regulations require drivers to park their vehicle and rest at minimum specified intervals, and the VTC serves in this capacity. Vail is ideal for ECO service driver breaks given that Vail is the terminus of many ECO routes. With the potential of more service, regionally and locally, there will be greater demand for a dedicated driver break area. The VTC will not be able to accommodate all services, all routes, and all driver break activity in the future. Another means is necessary to relieve the VTC; a Lionshead Transportation Center would be able to provide this relief to the . VTC. So, the need for a Lionshead Transportation Center is driven by: • The need to provide a high level of transit service to a dense area of activity within Vail. • The intent to leverage the future Simba Run underpass to vastly improve the nature of transit service connecting western Vail to Central Vail. • The need to relieve the VTC of some of its transit-related demands with respect to regional routes and driver break areas. • The need to "clean up" significant conflicts which occur at the Lionshead Mall/Lionshead Parking Structure entry area, particularly with pedestrian activity. 2 • The desire to better accommodate hotel shuttles. < • The desire to bet-ter establish an official, organized skier drop off area. Charter buses currently use the east side of the LH Parking Structure. This area does not provide a good guest experience in which Vail strives to achieve. Further, this is planned to be removed once this lot is developed. The Town's Transit Plan and Vail's 20/20 vision recognizes the need for multimodal transportation with an emphasis on transit. Employees who work in the Lionshead area (or access the ski area via Lionshead) are expected to avoad commuting via their car. This is a trend that is expected to be encouraged into the future, thus necessitating appropriate transit accommodations for employee users. The Town's estimates for required future parking spaces are heavily reliant on increased transit use. Vaii's overall environmental strategies include increased reliance on transit service to reduce green house gas emissions. For these numerous reason, it is critical to establish a major transit center in the Lionshead area. LIONSHEAD TRANSPORTATION CENTER NEEDS The Lionshead area should ultimately be user-friendly for riders. The ideal characteristics for service would include the following: • An adequate number of spaces (now and in the future) for the various transit providers including:' o Town routes o ECO routes and planned regional services o Hotel shuttles o Short-term drop-off activity (passenger cars, taxis) o Charter Buses Vail has an excellent reputation as a provider for transit service and allowing guests and residents to leave their car at home. Establishing a robust facility at the Lionshead hub will strengthen this notion and encourage travelers to utilize transit. The vehicle space needs for the above providers varies during peak season. Each of the users is described in more detail below. Town of Vail Bus Routes - Given current conditions, three bus routes would likely serve the Lionshead Transit Facility including the two West Vail loop routes and the In-Town shuttle. Expanded local service in the future could instill additional routes stopping at a Lionshead Facility. With the Simba Run underpass of I-70, a Lionshead facility is in an excellent position to serve w,estern Vail, and a hub at Lionshead anchoring these routes would reduce bus mileage (versus traveling all the way to the Vail Village Transportation Center). Potentially, a"line-haul" service could be implemented (given a Simba Run underpass) along the south and north frontage roads providing direct continuity between West Vail, Timber Ridge, Ever Vail, Lionshead, Vail Village, and Ford Park. This continuous service alone could generate 10 to 15 buses into and out of a Lionshead ~ 3 facility per hour; with potentially three buses from this route on-site at the same time. In addition, outlying bus routes could potentially link to the line-haul at Lionshead creating a peak potential of four to six buses on-site at the same time (2 or 3 line-haul, 1 or 2 outlying, 1 In-Town shuttie). The 1997 Lionshead Village Transportation Plan had identified 3 vehicles for Town service at the Center. With the advent of the In-Town serving this facility and the increase due to a Frontage Road "line haul" system between West Vail and Ford Park (and the associated reshuffling of outlying service), this estimate has increased to a minimum of four and as many as six vehicles. ECO Routes (and other Reqional Services) - The ECO service has been experiencing more ridership over the years and Vaii is one of its prime destinations. Five routes currently serve Vail with stops at Lionshead and at Vail Village. All of the routes terminate at Vail Viilage. Currently at peak times, four ECO buses stop at the Vail Transportation Center at the same time. Some of this demand could be instead served by a Lionshead Transportation Center, thus providing some badly needed relief to the Vail Village Transportation Center (plus a second driver break area). Given the potential increases described above, the number of buses that Vail would need to accommodate will increase. The 1997 Lionshead Village Transportation Plan had identified one vehicle for County service. This is clearly too low. With four today at Vail during peak times, and the potential growth described, potentially six to eight spaces for regional buses should be provided. If these are split between The Vail Village Transportation Center and the Lionshead Transportation Center, up to four ECO buses could be at the Lionshead facility at the same time. Part of this demand is the fact that ECO service tends to shadow their routes at peak times. Hotel Shuttles - There are approximately 20 lodges in Vail and Avon that make use of . shuttle services to transport their guests to the ski area. Today, these shuttles park along East Lionshead Circle near the Lionshead Mall (adjacent to the parking structure). During peak times, these shuttles travel continuously between their base lodge and Lionshead creating demand to park and unload guests to the gondola. As Vail reaches build out, more lodges will implement more shuttle services, so this element is anticipated to grow The 1997 Plan identified the need for four parking stalls to serve lodge shuttles. Build out of Vail is now anticipated to be more aggressive than that thought in 1997, so the expectation of four stalls may be low to accommodate peak demands. An estimate of up to six shuttle parking spaces should ideally be provided to accommodate peak conditions. 4 Auto Droq off - This use is comprised of private automobiles that temporarily park close to the lifts and drop-off skiers and visitors to the commercial activity centers. Some of these vehicles then park in the structure, but others leave the area entirely only to return in the afternoon and pick up the skiers and shoppers. These users typicaliy attempt to park as close to their destination as possible, often illegally. If this use is not properly accommodated, it will happen anyway, likely at locations not intended to accommodate it which causes problems for others using that area. A significant increase of second homes has occurred down valley, and this use has intensified as a result. Also, a change in the demographics of visitors has increased the ability and desire for groups/families to drop-off/pick-up their members as close as to the skiing and shopping as possible. This trend indicates that larger families and groups who visit Vail usually have at least one member who does not shop or ski and can serve as the designated chauffer. This has added congestion to the "high-desire" locations and increases the need to provide designated drop-off/pick-up areas for autos that is clearly identified. The 1997 Plan identified the need for a minimum of 5 parking spaces for this type of activity. Again, since Vaii's build out is now planned to be denser, the need for more spaces to accommodate peak times would be appropriate. An estimate of 7 to 12 spaces should be provided to accommodate this user in the long term. This would include demand generated by taxis and airport shuttle activity. Charter Buses - Today, the charter activity occurs just west of the Lionshead Parking Structure. Peak days can see 15 to 20 of these vehicles. The 1997 Plan had identified 3 to 5 loading/unloading spaces to serve charter activity. It is suggested that the upper end of the range be maintained and that 5 bus spaces be established to serve Charter activity that is clearly identified. Besides accommodating their passenger loading/unloading, these buses need to park for the entire day that they are in Town; this is still a critical element without a clear solution. In summary, the following number of spaces is estimated to be needed for each transit use when considered individually: • Town Bus Routes - 4-6 spaces • ECO and Regional Bus Routes - 3-4 spaces • Hotel Shuttles - 4-6 shuttle spaces • Auto Drop Off - 7-12 spaces • Charter Buses - 5 spaces It should be noted that combining users into a common facility and allowing for shared parking stops couid result in a net reduction. In other words, uses combined into a common area are unlikely to peak at the exact same time, so some reduction to the needed spaces might be appropriate. If each user was accommodated at separate locations, no reduction would be possible. So, there is some advantage to combining users into one facility for total space considerations, subject to keeping certain users separate from each other. , 5 , LIONSHEAD TRANSPORTATION CENTER LOCATION CONSIDERATIONS The ideal location of a facility (or facilities) is driven by numerous operational factors. Different transit services will place different weight on the factors, so no one site is • absolutely perfect for all users. The critical considerations for each of the users are discussed below: Town Bus Routes - Outtying routes, the In-Town Shuttle Route, and future "line-haul" routes could all stop at the facility. The key considerations with respect to location are as follows: • Connection to other public services (like ECO). • Provide service to the Parking Structure to serve skiers returning to their cars at the end of ski day • Have adequate space to include various amenities including shelters, benches, information kiosks, vending services, and possibly restrooms. • Be located relatively close the Gondola and skier services. • Be located relatively close to residential, commercial density, and jobs, . Reqional Bus Routes - ECO is the only regional service currently serving Vail, but more is possible as mentioned. Key considerations for regional services(s) include: • Connection to other public services (like Town of Vail). • Have adequate space to include various amenities including shelters, benches, information kiosks, vending services, and possibly restrooms. • Be located relatively close the Gondola and skier services. • Be located relatively close to residential, commercial density, and jobs. • Be able to return to the Frontage Road easily to maintain schedules. Ideally, the site is very close to the Frontage Road for this reason. Charter Buses, Auto Drop-off, and Hotel Shuttles - The primary consideration for these three providers is to be located as c(ose to their destination (ski lifts, ski services, and commercial area) as possible. Very few of the passengers using these services are transferring to another transit service; most are heading to/from Lionshead. Auto drop- off and charter buses also consider way-finding as a critical consideration so that these users (pedestrians and drivers) know where to go. Loading/unloading areas should be easy to find for charter services and auto drop-off users. SITE SELECTION It is nearly impossible to identify a site that would 100 percent satisfy every characteristic mentioned above. Different sites have different trade-offs with respect to effectiveness and impacts, but the above list gives a good sense of ideal characteristics of a preferred site. The above characteristics also suggest the following: - • Town routes and Regional routes MUST be placed together in a common facility. The provision to transfer from one public service to another is key, and this facility would be one of two major transit hubs in Vail for these types of transfers. 6 • The ideal location for a combined facility would be along the Frontage.Road to assist Vail and ECO Transit in maintaining their schedules. • Charters, Auto Drop-off, and Hotel shuttles need not be part of the transit facility. While it would be ideal to allow these providers to make use of transit amenities provided by the public services, it is by no means critical for these users to be part of a facility serving the public routes. In fact, these three providers do not even need to be together. Users of these three services are primarily interested in accessing Lionshead, not transferring to another service. CANDIDATE SITES AND THEIR ASSESSMENT A total of four sites in Lionshead have been considered for a Transit Center as well as the Ever Vail area. One of the sites, the Lionshead Parking Structure, is considered twice, once as a retrofit of the existing structure and once as a facility integrated into a complete redevelopment of the Parking Structure as a mixed-use facility. The candidate locations are listed below: • LH Structure - Existing to be Retrofitted • LH Structure - Element of redevelopment E. LH Circle Mall area • Concert Hall Plaza • North Day Lot • Ever Vail Area In evaluating the sites, the characterization factors listed previously were considered. A summary of the each site' assessment is as follows: • Ever Vail - This location is too far from the LH core area and gondola and wilf not serve Lionshead. However, there is enough density being planned in the specific area (including public parking and a new lift) such that it makes sense to establish a bus stop capable of accommodating two or three vehicles as well as hotei shuttles and auto drop-off activity given the mountain portal planned here. Further, this area has been identified as a potential candidate to accommodate charter buses to load and unload riders if the necessary skier services are provided here. Potentially, this site can serve one of the uses like Charters, but it is not a candidate to serve as THE public transit center for Lionshead. Summary - Not a location for THE public Lionshead Transportation Center, but given a planned ski lift from Ever Vail, this could be an appropriate location for charter buses. Transit service shuttles and auto drop-off also need to serve the planned development. Walk distance to the Lionshead Gondola is approximatefy 2355 feet (nearly one-half mile). • Concert Hall Plaza - This area is not large enough. Significant expansion of the area would be needed to fit the appropriate number of spaces and amenities to establish this area as the Lionshead Transportation Center, even if it is just for the public services. However, there is enough space to possibly serve one of the users such as hotel shuttles or auto drop off. One other consideration is that this area serves delivery activity which can conflict with transit operations. Summary - Not a good location for THE public Lionshead Transportation Center due ~ 7 . ~ to its relatively smail size, but this area could be appropriate for auto drop- off or hotel shuttles. Walk distance to the Gondola is approximately 910 feet. • Existinq LH Structure (Retrofit) - This option poses numerous design and circulation challenges within the structure and how it interfaces with the Frontage Road. In addition, it also displaces valuable public parking spaces. This site is not recommended for any of the users. Summary - Not a good solution for any transit users due to need to retrofit and the displacement of parking. Walk distance to the Gondola is approximately 1290 feet. • LH Structure Redevelopment - With the redevelopment and reconstruction of the Lionshead Parking Structure to include mixed use development, the opportunity would also exist to incorporate a transit center with many of the ideal characteristics. This would be a bit hidden from the public, but it would be shielded from any nearby residential uses. There are concerns with how real a redevelopment scenario might be given the current deed restrictions on the property. This is a promising scenario if the obstacles of redevelopment can be overcome and the design of the new structure can accommodate the public service program. The close proximity to the Frontage Road is also a plus. Summary - Very good location for the Transportation Center if appropriate design elements can be incorporated into the redevelopment. Auto drop- off users and hotel shuttles may find it too far away from the Gondola. Walk distance to the Gondola is approximately 1155 feet. • North Dav Lot - This area is centrally located to serve Lionshead and the walk distance to the Gondola is reasonable compared to the other options. Issues include developing a workable site plan to accommodate the necessary transportation center as well as planned residential uses. In addition, adjacent condominium residents do not support buses utilizing this site, and mitigation will be required. It is close to the Frontage Road which is beneficial to the public services. The pedestrian overpass of I-70 is beneficial, as a facility here would also be able to serve the north side of I-70 (including the Sandstone Elementary School). Summary - Very good location for the Transit Center. Potentially, this site may only need to serve the public services with auto drop-off users, charter buses, and hotel shuttles being served by another area. If the entire site is used for transit purposes, all of the providers can be . accommodated here except for charter buses. Walk Distance from the Gondola is approximately 885 feet. • E. LH Circle Mall - This location currently serves as a stop for the In-Town shuttle and hotel shuttles today. The area is congested many times due to pedestrian activity walking between the parking structure and Lionshead Village and its conflict with shuttles, buses, deliveries and other general traffic. This location is away from the Frontage Road which lessens its visibiliry and negatively impacts the regional routes and Vail's outlying routes. Vehicles that would use this facility would experience delay due to pedestrian activity associated with the parking structure and drop-off in front of Subway. The 1997 study identified 1400 pedestrians per hour crossing East Lionshead Circle at peak time near the Mall. Pedestrian activity will only increase as Lionshead 8 grows. The Mall could be adequate for hotei shuttles as exists today, but shuttle activity here may be in direct conflict with planned retail along the south side of the parking structure. However, the site is relatively close to the Lionshead core including the Gondola. Summary - Not a good solution for the public transit elements (other then the In-Town Shuttle which makes coutine stops here today), but this area could be adequate for hotel shuttles as used today. Adding auto drop-off to the area as well would not be appropriate as it might create too much congestion. Walk distance to the Gondola is approximately 875 feet. RECOMMENDATIONS There are numerous options to accommodate the five transit providers. Ideally, these five should all be combined onto.one site. The availability of an appropriate site in . Lionshead may offer too many challenges to accomplish this. At a minimum, the following is recommended: • Provide public transit service in either the North Day Lot or a redeveloped Lionshead Parking Structure. Either is adjacent to the Frontage Road and large enough to accommodate both providers. • Barring combining hotel shuttles with the public transit (in either North Day or in the redeveloped parking structure), either Concert Hall Plaza or the Lionshead Mall (current operations) would be appropriate for this provider. The Town has the ability to control the hotel shuttles more-so than the autos and the charters. • Auto drop-off activity will tend to find the closest location to the gondola regardless what accommodations are provided. The Mall and the North Day Lot has the shortest walk distance to the gondola. However, the congestion that this user would add to the Mall area is problematic. Further, this site is not apparent from the Frontage Road. The North Day Lot would be the best location for these users given a reasonable walking length, good visibility, and no conflicts with existing pedestrian activity. However, it is not critical that the auto drop-off be located with the public transit elements. • Charter buses can be accommodated at Ever Vail. A planned lift with appropriate skier services in that area will serve these users. The Town faces a critical decision to construct a transit center on the North Day Lot or wait (and hope) for the redevelopment of the parking structure and incorporate it into its design. If deed restrictions on the structure were removed, this would be an easy decision. But they are not and it is not clear if and when they will be. Relying on the Parking Structure to redevelop becomes a very risky venture because if it does not happen, the North Day Lot is the only other logical location for a public transit center in Lionshead. If both opportunities are lost, the Town will be forced to try and establish a less than adequate facility such as Concert Hall Plaza which would result in no better transit service than exists today. The North Day Lot is the only other reasonable opportunity, especially if the entire site can be used as depicted in the Lionshead Master Plan. ~ 9 . ~ Because of this, Felsburg Holt & Ullevig suggests that the Town not let the North Day Lot slip away from consideration unless there is a guarantee that the Lionshead Parking Structure will redevelop and it will be designed to accommodate the transit facility. One possible course of action for the Town would be to establish the North Day Lot as the Lionshead Transit Center, and plan to relocate the transit center into the Parking Structure once (and if) it redevelops. At that time, auto drop-off and hotel shuttles could make use of the North Day Lot and take advantage of the amenities and access ( improvements left behind by the public services. The phasing of transit service provisions ultimately depend on the disposition of the parking structure redevelopment. If the structure redevelops and the appropriate transit elements can be programmed into the plan, North Day Lot may only be needed for auto drop-off and/or shuttles. The North Day Lot is a good location for the drop-offs and shuttles. Even with a redeveloped parking structure facility, the North Day Lot can still play a major role in the Lionshead transit "picture" and provide some relief to other congested areas around the Village. 10 RESOLUT90N NO. 10 , Series of 2008 A RESOLUTION APPi20VIPIG AN INTERGOVERNMENTAL AGREEMENT AND A LEASE AGREEMENT BETWEEN THE TOWN OF VAIL, COLORADO AND THE COLORADO DEPARTMENT OF TRANSPORTATION REGARDING SEDIMENT CONTROL STORAGE AREAS OiV THE P10RTH SIDE OF INTERSTATE 70 AT APPROXIMATELY M.P. 178-179; AND SETTING FORYH DETAILS IN REG`4RD TF9ERET0. WHEREAS, the Town of Vail (the "Town"), in the Counry 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 Town and the Colorado Department of Transportation ("CDOT") wish to enter into an Intergovernmental Agreement ("IGA") for the design and construction of two Sediment Disposal Areas ("Berms"), East and West, on the North side of Interstate 70 at approximate milepost 178-179 for the purpose of sand storage and to provide aesthetic and noise mitigation to the surrounding neighbors; and WHEREAS, the Berms are to be completed in two phases over the next 5 to 10 years, wherein CDOT will be responsible for the construction of the East phase that is within the CDOT ROW and Tract A and the Town and CDOT will be jointly responsible for the West phase that is within CDOT ROW, Tract A, and an existing easement granted by the Bald Mountain Townhome Association; and WHEREAS, in addition to the IGA, which is required for the proposed Berm project, the Town and CDOT must also enter into a land lease (the "Lease") for that portion of land in Tract A owned by the Town. NOW THEREF.ORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves and authorizes the Town Manager to enter into the IGA and Lease with CDOT, in substantially the same form as attached hereto as Exhibit A and Extoibit A-9 and in a form approved by the Town Attorney, for the design and construction of two Berms, East and West, on the North side of Interstate 70 at approximate milepost 178-179. . Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 1511 day of April, 2008. Richard Cleveland Town Mayor ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 10, Series 2008 08 HA3 000 331000*** INTERGOVERNIVIENTAL AGREEMEN'I' REGARDING SEDIIVIEIVT CONTItOL STOI2AGE AREA ON INTEItST'ATE 70 AT APPROXIIlRATELY M.P. 178.0 -179.0 THIS AGREEMENT is made this day of , 2008 by and between the STATE OF COLORAUO DEPARTMENT OF TRANSPORTION, hereinafter referred to as the "State", and THE TOWN OF VAIL, hereinafter refened to as the "Town". WHEREAS, the State and Town of Vail hereby agree to construct a Sediment Disposal Area, hereinafter referred to as the "berm", and as described further in Exhibit A, Scope of Work; WHEREAS, said berm will be constructed on the Interstate 70 Right of Way and Town of Vail owned Tract "A", Vail Village 13`h Filing; WI-iEREAS, the State and Town agree the construction and or "work" to be performed is pursuant to a Lease Agreement currently being executed between CDOT and the Town of Vail; NOW THEREFORE, it is agreed that: A. The State shall be responsible for all the labor, materials and equipment to complete the embankment, traffic control, stoim water management, rough grading, topsoil and seeding of the East Phase as shown on Exhibit B-1. B. The Town shall be responsible for a11 the labor, materials, and equipment for transplanting trees, container planting, and temporary irrigation system on Tract A.. C. The labor, materials and equipment responsibilities for the West berm, such as embankment, traffic control, storm water management, rough grading, topsoil and seeding will be established during the design and volume distribution process. D. Unless otherwise specifically stated herein, each Party shall be responsible for operating and maintaining, at no cost to the other Party, those facilities constructed in its respective Right of Way or Parcel. Neither Party shall cause or permit any dangerous condition arising from its performance of the operation and maintenance obligations assigneci to it by this Agreement. E. All "Work" in the State Rights of Way shall be performed pursuant to State regulations and statutes, where applicable. No "Work" shall be performed in the State Right of Way without State approval. Page 1 of 4 pages F. No "Work" shall be performed in the Town of Vail property without Town approval. G. Access through the State Right of Way shall be prohibited without State approval. H. All landscaping within the State Right of Way shall be funded and completed using public money. Privately funded projects are forbidden on State Right of Way. " 1. T'he Town recognizes that the State has, in the State's sole discretion, the right to modify, or demolish and remove, all, or any portion of the berm in its Right of Way for any reason. J. The State recognizes that the Town has, in the Town's discretion, the right to modify, or deconstruct and remove, the portion of the berm on its Parcel for any reason as long as it is in compliance with any other Agreement(s) the Town may have concerning the berm. K. Both Parties agree that they will provide written notice to the other Party sixty (60) days in advance of any modification and/or demolition. The Parties agree to attempt to collaborate on any modifications to preserve the integrity of the berm. L. All labor, material, and equipment costs associated with the modification and/or demolition to the Right of Way or Parcel shall be at the requesting Party's expense without any cost or liability to the other party. M. To the extent authorized by law, the Parties to this Agreement shall hold harmless the other Party against any and all claims, damages, liability and court awards including costs, expenses and attorney fees incuned as a result of any grossly negligent or reckless action of the Party or its employees, agents, sub-contractors, or assignees in connection with the performance of this Agreement. N. The berm will be built in phases as indicated on the approved plans. It is anticipated that the project will take several years to complete. 0. This Agreement may be amended only by a written instrument duly executed by the Parties or permitted successors. Neither Party may assign or transfer its responsibilities in this Agreement without the prior written consent of the other Party. P. All notices, requests and other communication required or permitted hereunder shall be in writing and shall be deemed delivered when actually received, or, if earlier, and regardless whether actually received or not, five (5) business days after deposit in the United States Mail, First Class, postage prepaid, registered or certified and addressed as follows: Page 2 of 4 pages TO THE STATE • TO THE TOWN • Martha Miller Greg Hall Resident Engineer Public Works Director Colorado Department of Transportation Town of Vail 714 Grand Avenue P.O. Box 298 1309 Elkhorn Drive Eagle, CO 81631 Vail, CO 81657 The parties may, by notice prescribed above designate alternate personnel or addresses for notices, requests and communication. Nothing in this Agreement shall be construed as a waiver of the rights and privileges of either Party under the Colorado Governmental Immunity Act with respect to third parties. IN WITNESS WHEREOF, the Parties hereto have executed this contract the day and yeax first above written. S'I'ATE OF COLORADO 'Y'OWN OF VAIL BIY.L RITTEgt, ,TR. GOVERNOR By: Stan Zemler 'I'own 1Vlanager By: For the Executive IDirector Colorado I)epartment of Transportation Pamela Hutton, P.E. . Chief Eaaganeer AT'I'EST: ATTEST: By: By: Bernae 12asmussen Lorelei YDonaldson Agreements Program Manager Town Clerk Page 3 of 4 pages EXHIBIT A SCOPE OF WOItK SEI)IMENT CONTROL STORAGE I-70 M.P. 178.0 -179.0 . 08kiA300000 CDOT and the Town of Vail are entering into this Intergovemmental Agreement for the Design and Construction of two berm areas, East and West, on the north side of Interstate 70 at approximate Milepost I78-179. The East berm will be located on CDOT right-of- way and Tract A and will be used solely by CDOT. The West berm will be located on CDOT right-of-way, Tract A, and an easement that was granted to the Town of Vail through a separate agreement with the Bald Mountain Townhome Association and will be shared between CDOT and Town of Vail. East Phase • CDOT will be responsible for the design and construction of the East Berm including environmental, right of way and utility clearances, traffic control, storm water management, and interim and final seeding. • Total fill approximately 48,000 cubic reserved solely for CDOT • Approximately 20,000 cubic yards will be placed by November 2010 to build an interim berm on Tract A. See Exhibit B-2. • The remaining volume, approximately 28, 000 cubic yards will be reserved for CDOT to dispose material for the next 5-10 years. • CDOT will have a MHT plan in place prior to the start of construction each year. An operational analysis of the traffic impacts caused by the MHT will be completed each year. • Town to assist CDOT with Town of Vail clearances and Design Review Board and Town Council approval. West Phase • Town will be responsible for the design of the West berm including drainage, utilities, and retaining walls. CDOT will not participate in the cost of the retaining walls or utility locates other than the water line relocate shown on Exhibit B. Volume distribution will be determined during the design approval process. • A$er the West berm desigrz is approved, the IGA will be reviewed and revised as necessary to establish responsibilities. • Town will obtain all necessary Town of Vail and CDOT clearances. CDOT will assist the Town with the CDOT environmental, ROW, and utility clearance. ~ Town cannot begin construction until the design is approved by CDOT. ~ FHWA will only grant Town access across the A-Line for one construction season. Prior to granring approval, an operational analysis of the traffic impacts caused by the MHT will be completed. • An approved MHT plan must be in place prior to the start of construction. • At any time unsafe traffic operations aze brought to the attention of CDOT, Town access across the A-Iine will be revoked until an appropriate traffic control plan is developed by the Town and CDOT approval is granted. Page 4 of 4 pages COMPREHENSIVE PLAN NOtES: 1. Water line to be relocated by others. These plons shollnot be used tw the water line conatruction or relocation. ` . R 2. Embankment ond aand shall not be place on existing or proposed water and eewer a 100, 20,0, 4W lines. Utility locates ahail be performed prior to the start of construction. 3. Topogrophy prepared by The Lund Portnerohip, Inc., for the West VailPass EA, September 02, 2006. 4. Base Map creoted from o combirtotion of sourcea. Utility, easement and property r° t I i ~ I ~ y ~ information odded by CDOT to the topoqrophic map. Before construction begins, all utirities, eosements, and property lines shall be field located. 5. Proposed grodng shown is approximate. Slight fieid modificotions moy occur. 6. Existinq pipes, valves and mnnholes must be protected during construction. 7. Troea, landscape featuros, ond irrigation to be relocated by Town of Voil prior to ' ~ ~ :t "`~~~+t-,• . ~ siort of conatruction. ~ .4~~ ' : r { t,{' ~ t. i ~k~;'.~'~i : E~ ,~y r ~e ~ "vr •i, , -r .r~ m#~ ? * ~~'qt' f ~*R!'~' /t '~.sMSA~ •F' ~ o' ~ .t1FV'r sy.s~ ~+ii, : F ~p. ~ ',,~,;y' ~~~":r• ta - ~ ~ ~r ,I t.~ ~ _~.y K4~s~• 4! • ~P'" t ~~~Sy ~ ~f. .L/1J? f hAJL p . . 'I.JOT1 '~`i~ ~1Y.~'aZ~• s ! ~4 ~ -L• t , ~ ,~~'H ~ _ e ~ ` . 4'~ ~ r X' i~f r ~ x *A / e . . , " M w.~ ' 3' ~,f 4. 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Y, ri;:r'~~ n n I . . . ~ x . ` ~ . . . , , . . , , ~ . . , . - ~ . ~ MAI V,.;~.a~ Pri-t Date: 3/za/zoo8 Sheet Revisions Colorodo Uepartment of Transportation As Constructed Project No./Code File Name: 20071_Exhibit B-l.dgn Dote: Commente Init. EXHIBIT B-1 Horiz. Scale: 1:200 Vert. Scale:1:200 Q ni771 714 Grand Avenue No Reviiione: N/A Eagle Residency Unit Leader MLM Eagle, CO 61631 0 Phone: 970-328-6385 FAX; 970-328-2368 Revined: Designer: MLMi Structure N/A C= Detailer: BB Numbers Region 3 MLM Void; $?reet Subset; Storagc Subui Sheets; 1 of 2 Sheet Number 8-1 I o, so, 100, sao' t I) C w , r ~f a. ~ ~ . ~ , ~ • ,f~ • A~ .af .~-3 3E~~ ` ~ s 1 qq,. . ~ Y'~ e~' t C ~ 7 r ; . . . , r , . . . . , ~ ~ • . . i ' - ~ - ~ ~ - , . ~ . , . ( ~ ~ N I , ' , , „L • -,f, e'yi~~fi i . ~ , • 11 . ,l ' ' f, ~ r '1 jt ~ • a~ ~ ' ~ • r~ ' . ..,X t. 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EXHIBIT C IGA AGREEMENT NO. 08HA3000 PARCEL NO. PROPERTY LOCATION: Vail, Colorado LEASE AGREEMENT (Vacant Land) THIS LEASE AGREEMENT, made and entered into this _ day of by and between The Town of Vail, a Colorado home rule municipality, whose address or principal place of business is 1309 Elkhorn Drive, Vail, Colorado 81657, hereinafter referred to as "Lessor", and THE STATE OF COLORADO, acting by and through the DEPARTMENT OF TRANSPORTATION hereinafter referred to as "Lessee". WITNESSETH: . WHEREAS, as to Lessee, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number C0702-275 16288. NOW, THEREFORE, in consideration of the mutual promises conta+ned herein, the parties hereto agree. as follows: 1. PREMISES, TERM, RENT. (A) Lessor hereby leases and demises unto Lessee the Premises, hereinafter referred to as "Premises", being a portion of Tract A, Vail Village 13t" Filing, containing approximately 1.3 acres of land as shown on the plat attached hereto, made a part hereof and marked "Exhibit A". (B) TO HAVE AND TO HOLD the same, together with all appurtenances, unto Lessee, for the term beginning May 1, 2008, and ending December 1, 2018, at and for a monthly rental of $0.00 (see Paragraph 19 - Additional Provisions). The Premises is to be used and occupied as a site for the construction of a Sediment Disposal Area, hereinafter referred to as the "berm", together with all other uses and activities which are reasonable, prudent and necessary for the construction of said berm and for no other purposes. Payment shall be made on the first of each month during the term hereof, to the Lessor at: N/A Or at such place as Lessor from time to time designates by notice as provided herein, subject to the limitations and conditions set forth in article 7, Fiscal Funding and article 10, Federaf Funding herein. 2. MAINTENANCE OF PREMISES. Lessor shall, unless herein specified to the contrary, maintain the Premises in good repair and in tenantable condition during the term of this lease, except in the event of damage arising from an act or the negligence of Lessee, its agents or employees. Lessor shall have the right to enter the Premises at reasonable times for the purpose of making necessary inspections and repairs or maintenance. 3. LESSOR'S OWNERSHIP. Lessor warrants and represents itself to be the owner of, or the authorized representative or agent of the owner of, the leased Premises in the form and manner as stated herein, and during the term of this lease covenants and agrees to warrant and defend Lessee in the quiet, . . peaceable enjoyment and possession of the leased Premises. In the event of any dispute regarding Lessor's ownership, Lessor shail immediately, upon request from and at no cost to Lessee, furnish proof thereof by delivering to Lessee an "Ownership and Encumbrance Letter" issued by a properly qualified title insurance company. 4. LEASE ASSIGNMENT. Lessee shall not assign this lease and shall not sublet the demised Premises, except to a desirable tenant for a similar use and purpose, and will not permit the use of said Premises to anyone, other than Lessee, its agents or employees, without the prior written consent of Lessor. 5. APPLICABLE LAW. The faws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this lease. Any provision of this lease, whether or not incorporated herein by reference, which provides for arbitration by any extra- judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of compliant, defense or otherwise. Any provision rendered null and void by the operation of this pravision will not invafidate the remainder of this lease to the extent that this agreement is capable of execution. 6. FISCAL FUNDING. (A) As prescribed by State of Colorado Fiscal Rules, it is understood and agreed this lease is dependent upon the continuing availability of funds beyond the term of the State's current fiscal period ending upon the next succeeding June 30, as financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Further, the parties recognize that the act of appropriation is a legislative act, and the Lessee hereby covenants to take such action as is necessary under the laws applicable to the Lessee to timely and properly budget for, request of and seek and pursue appropriation of funds of the Legislature of the State of Colorado which will permit Lessee to make all payments required under this lease during the period to which such appropriation shall apply. In the event there shall be no funds made available, this lease shall terminate at the end of the then current fiscal year, with no penalty or additional cost as a result thereof to the Lessee. (B) To make certain the understanding of the parties because this lease will extend beyond the current fiscal year, Lessee and Lessor understand and intent that the obligation of the Lessee to pay the monthly rental hereunder constitutes a current expense of the Lessee payable exclusively from Lessee's funds and shall not in any way be construed to be a general obligation indebtedness of the State of Colorado or any agency or department thereof within the meaning of any provision of Sections 1, 2, 3, 4, or 5 of Article XI of the Colorado Constitution, or any other constitutional or statutory limitation or requirement appiicable to the State concerning the creation of indebtedness. Neither the Lessee, nor the Lessor on its behalf, has pledged the full faith and credit of the State, or any agency or department thereof to the payment of the charges hereunder, and this lease shall not directly or contingently obligate the State or any agency or department thereof to apply money from, or levy or pledge any form of taxation to, the payment of the annual rental charges. , (C) With Such limitation in mind, Lessee contracts to lease the Premises herein before described and has reason to believe that sufficient funds will be available for the full term of this lease. Where, for reasons beyond Lessee's control, Lessee's funding entity does not allocate funds for any fiscal period beyond the one in which this iease is entered into, or does not allocate funds to continue this lease from the then current fiscal period, such failure to obtain funds not resufting from any act or failure to act on the part of Lessee, Lessee will not then be obligated to make the payments remaining beyond Lessee's then current fiscal period. In such event, Lessee shall notify Lessor of such non-allocation of funds by sending written notice thereof to the Lessor forty-five (45) days prior to the effective date of termination. (D) The parties hereto further understand and agree that the only funds that have or may be so appropriated and available for payment under this lease in any one particular fiscal year are for the purpose and in an amount sufficient only to pay the rental charges provided for in article 1 above. Therefore, notwithstanding anything herein to the contrary, the payment by the Lessee of any other charges, liabilities, costs, guarantees, waivers, and any awards thereon of any kind pursuant to this lease 1 against Lessee are contingent upon funds for such purpose(s) being appropriated, budgeted and otherwise made available through the said State of Colorado legislature process. 7. COMPLETE AGREEMENT. This lease, including all exhibits, supersedes any and all prior written or oral agreements and there are no covenants, conditions or agreements between the parties except as set forth herein. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or affect whatsoever unless embodied herein in writing. No subsequent novation, renewal, addition, deletion or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. 8. CAPTIONS, CONSTRUCTION, AND LEASE EFFECT. The captions and headings used in this lease are for identification only, and shall be disregarded in any construction of the lease provisions. All of the terms of this lease shall inure to the benefit of and be binding upon the respective heirs, successors, and assigns of both the Lessor and the Lessee. If any provision of this lease shall be determined to be invalid, illegal, or without force by a court of law or rendered so by legislative act then the remaining provisions of this lease shall remain in full force and effect. 9. FEDERAL FUNDING. In the event that any or all funds for payment of this lease are provided by the Federal Government, this lease is subject to and contingent upon the continuing availability of Federal funds for the purposes hereof, and if such funds are not made available this lease may be unilaterally terminated by the Lessee at the end of any month provided a ninety (90) day advance notice of termination is given to the Lessor in writing. 10. NO BENEFICIAL INTEREST. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein. 11. NO VIOLATION OF LAW. The signatories hereto aver that they are familiar with 18-8-301, et seq., (Bribery and Corrupt Influences) and 18-8-401, et seq., (Abuse of Public Office), C.R.S., as amended, and that no violation of such provisions is present. 12. CHIEF ENGINEER'S APPROVAL. This lease shall not be deemed valid until it has been approved by the Chief Engineer, or such assistant as he may designate. 13. NOTICE. Any notice required or permitted by this lease may be delivered in person or sent by registered or certified mail, return receipt requested, to the party at the address as hereinafter provided, and if sent by mail it shall be effective when posted in the U.S. Mail Depository with sufficient postage attached thereto: LESSOR: LESSEE: The Town of Vail Colorado Department of Transportation Attn: Mr. Greg Hall Attn: Ms. Marcella Broussard 1309 Elkhorn Drive 15285 S. Golden Road, Building 47 Vail, Colorado 81631 Golden, Colorado 80401 Notice of change of address shall be treated as any other notice. 14. HOLDING OVER. If Lessee shall fail to vacate the Premises upon expiration or sooner termination of this lease, Lessee shall be a month-to-month Lessee and subject to all the laws of the State of Colorado applicable to such tenancy. The rent to be paid by Lessee during such continued occupancy shall be the same being paid by Lessee as of the date of expiration or sooner termination. Lessor and Lessee each hereby agree to give the other party at least thirty (30) days written notice prior to termination of this holdover tenancy. 15. LLSSEE LIABILITY EXPOSURE. Notwithstanding any other provision of this lease to the contrary, no term or condition of this lease shall be construed or interpreted as a waiver of any provision of the Colorado Governmental Immuniry Act, 24-10-101 et seq., C.R.S. as now or hereafter amended. . 2 The parties hereto understand and agree that liability for claims for injuries to persons or property arising out of the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of 24-10-101, et seq., C.R.S., as now or hereafter amended and 24-30-1501, et seq., C.R.S., as now or hereafter amended. Any provision of this lease, whether or not incorporated herein by reference, shall be controlled, limited and otherwise modified so as to limit any liability of the Lessee to the above cited laws. 16. SECURITY DEPOSIT. Lessee shall not be required to remit a security deposit to Lessor. 17. LESSEE'S INSURANCE. Lessee shall at its sole cost and expense, obtain insurance on its inventory, equipment, and all other personal property located on the leased Premises against loss resutting from fire or other casualty. The Lessee shall have the right to provide such insurance under a self-insurance program, or, at any time during the term of this lease, to provide such insurance through an insurance company. With respect to general liability, the Lessor recognizes that the Lessee is self insured for general liability in accordance with the provisions of the Colorado Governmental Immunity Act and the Colorado Risk Management Act, 24-30-1501, et seq., C.R.S., as amended. 18. LESSOR/VENDOR OFFSETS NOTICE. Pursuant to 24-30-202.4 C.R.S., (as amended), the state controller may withhold debts owed to state agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support arrearages; (b) unpaid batance of tax, accrued interest, or other charges specified in Article 21, Title 39, C.R.S., (c) unpaid loans due to the student loan division of the department of higher education; (d) owed amounts required to be paid to the unemployment compensation fund; and (e) other unpaid debts owing to the state or any agency thereof, the amount of which is found to be owing as a result of final agency determination or reduced to judgement as certified by the controller. 19. ADDITIONAL PROVISIONS. (a) The parties have entered into this Lease Agreement to fulfill the obligations of an Intergovernmental Agreement made between Lessor and Lessee on the day of . ,20 pertaining to the construction of the berm. Construction of the berm by Lessee shall be considered full, fair and complete rent for the Premises during the term of this Lease. (b) In the event Lessee performs as required pursuant to this Lease Agreement and as part of the consideration for the construction of the berm described in the Intergovernmental Agreement, Lessor agrees to give and grant to Lessee an option to extend the term of this Lease for 5 additional years, commencing on December 1, 2018 and expiring on December 1, 2023, upon the same terms and conditions of this Lease Agreement. In order to exercise the option to extend the term of this Lease, Lessee shall give written notice to Lessor of its intention to exercise the option to extend no later than October 1, 2018. . 3 e IN WITNESS WHEREOF, the parties hereto have executed this lease agreement on the day and year first above written. LESSOR: (Full Legat Name) (If Corporation) By Attest (Seal) (Name) Title By Secretary Federal Tax Identification Number (Lessor's signature must either have an attest if corporation or their signature must be notarized). STATE OF COLORADO ) ) ss COUNTY OF ) The foregoing instrument was subscribed and sworn to before me this _ day of , by Witness my hand and official seal. My commission expires Notary Public Address . LESSEE: ATTEST: STATE OF COLORADO Bill Ritter, Governor Acting by and through The Department of Transportation By BY BERNHARDT K. RASMUSSEN Pamela Hutton, P.E. Chief Clerk for Right of Way Chief Engineer 4 I EXHIBIT "A" LEASE DATE: Apnl 4, 2008 DESCRIPTION A Lease to the Department of Transportation, State of Cotorado, containing 98~108 sq: ft. (2.252 acres), more or less, in Section 3, Township 5 South, Range 80 West, of the 6 Principal Meridian, in Eagle County, Cotorado, said tract or parcel being more particularly described as follows: Cammencing at a point, where the north right of way of (nterstate 70 intersects the west right of way line of Mountain Road (Vail Yllage, Thirteentfi Filing), thence along said north right of way line of Interstate 70 the faNowing three courses; 1. Thence S. 81 °07'45" W., a distance of 48.79 feet, 2. Thence S. 43°40'33" W., a distance of 151.00 feet, 3. Thence on the arc of a curve to the left, a radius of 5,880.00 feet, a cenUal angle of 01 °52'41 a distance of 192.75 feet, (a chord bearing S. 88°55'42" W., a distance of 192.74 feet) to the TRUE POINT OF BEGINNING; , 1. Thence leaving said right of way N. 09°16'30" W., a distance of 121.50 feet, , 2. Thence N. 30°31'45" W., a distance of 78.30 feet, 3. Thence N. 78°06'30" W., a distance of 96.30 feet, 4. Thence S. 72°52'16" W., a distance of 265.75 feet to a comer on the northerly boundary of Tract A, Vail ViIlage, Thirteenth Filling, 5. Thence along said boundary, S. 80026'18" W., a distance of 169:20 feet, 6. 7hence leaving said boundary, S. 04°13'00" E., a distance of 148.22 feet, to the north right of way line of Interstate 70, 7. Thence along said right of way, on the arc of a curve to the right, a radius of 5,880.00 feet, a central angle of 05°30'43", a distance of 565.68 feet, (a chord bearing N. 85°13'58" E., a distance of 565.46 feet), more or less, to the TRUE.POfNT OF BEGINNING. The above described Leased Premises contains 98,108 sq. ft. (2.252 acres), more or less. The purpose of the above-described Leased Premises is for the construotion and maintenance of a berm. Basis of Bearings: All bearings are based on the narth right of way line of Interstate 70 b stabons 18+00 and 19+54.0 being S. 81°07'45" W. ~o 27272 j ~ ~ 1 f ~ s o sa ~oo :oo• ~0 ~ f > f, ~ ~ ~ ~ ~ ~ ~ . ~ ~ •.sv ~ . . . " '~wa T'~ ` ~ ~t ? • y',~ ~e~: ` - , Y y • ~t~~. - . . . . , . •ti• - ~ 4 d, t- 3F -r v 4 m . ~ r x . . ' ; ~ ~..t AN#, ~"t 4 i ' , ~ ~ • ',w eo ~ . e hJo~._ . - - VEMBiR 2010 „ . ~ ~ • , s ~ 1Y 'r e 0 LQ +~5588'. .45- r ~ ~ r • ' t , - , . . , ~ ~ .y• T a., . . ~ . : . . . ~ ~ a . . . ~ ~ r ~ AM-1 r~~~- ~ r ~ ~ , , K'~^~` ~ c-,~- d+'i'~': O; 't,d Pt o. ~ ~ m 4~t , ~ . ~,~r,,• .~aa,~. , I , ~4 ~ad~.~ - ' :a' 1' ,;3, ,c~ ~ ? i ~ I 9 _ • ` ~ ~ . ~ a w ~ ~ . • ` :t . 010ft ,b..w ~ _ . . . ' " , . :~,r „ ._(+i,Y~,~ ~ x.> wf! ~ ' '.,~y~~ • • ys . , ~ : v ~ ' ~ . . r r J I 7' L z . y . . . . : . a ' . . . ..i., . . . ~ J a,nt oocs: a/zi/zooe Sheet Revisiona Fik Nome: aoo»_E.nmit c.e9n ooce: comm-t9 Init. COIOfOdO Deportment of Transportation As Conatructed EXHIBIT B Project No./Code Horiz. Scale: 1:100 Vcrt. Scalr. 1:100 O ~ 714 Grond Avenue No Revi9ion9: N/A Eogle Residmcy Unif I nnAn. W M ~ = Eo4e, CO 81631 . Desl Phone:970-328-6385 FAl(: 970-328-2768 Reasad: 9"a MI.M/BB Suuclue ry~p, ~ Re ion 3 MLM yo~d; Detaier. BB umoers ~ 9 Sheet Subxt: sta Subeet Sheeb: 2 cl 2 $heet Number C RESOLUTION NO. 12 Series of 2008 A RESOLUTlON AMENDING THE TOWN OF VAEL PUBLIC WAY PERMIT FEE SCHEDULE; AND SETTING FORTH DETAILS IN REGARD THEREOF. 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, Pursuant to Title 8, Chapter 1, Vail Town Code, a Town fee schedule for Public Way Use Permits and Public Way Street Cut Permits is necessary in order to offset costs due to Public Way use, public inconvenience, property degradation, inspection, coordination and administration; and WHEREAS, the Public Way Permit Fee Schedule was last adopted on April 4, 2006 by Resolution No. 5; and WHEREAS, the Council hereby finds, determines and declares that this Resolution is necessary and proper for the public health, safety and welfare of the residents and guests of the Town of Vail. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: . Section 1. The Town of Vail Public Way Perrimit Fee Schedule dated April 1, 2008, as set forth in the attached Exhibit A and incorporated herein by this reference is hereby approved and adapted by the Town and may be amended from time to time by a resolution of the Council. Section 2. This Resalution shall be effective immediately upon adoption. INTRODUCED, READ, APPROVED AND ADOPTED This 15th day of April, 2008. Richard Cleveland Town Mayor ATTEST: Lorelei Donaldson Town Clerk Resolution No. 12, Series 2008 i Exhibit A Town of Vail Public Way Permit Fee Schedute Adopted April 15', 2008 Public Way Use and Street Cut Permit A Public Way Permit application fee of $100.00 will be assessed for the issuance of any Public way Use or Street Cut Permit. In addition, a charge will be assessed for both Public Way Use Permits and Public Way Street Cut Permits in order to offset costs due to Public Way use, public inconvenience, property degradation, inspection, coordinatian and administration. The Fee schedule shall be set as follows: (Fees shall not be pro- rated, and shall be rounded up to the nearest measurement or time as indicated) Public Way Use Permit Fee: (Minimum Fee $50.00) Construcfion Season Single lane Closure: $0.15 / Ift / day Two Lane Closure: $0.45 / Ift / day Three Lane Closure: $1.50 / Ift / daySidewalk/Bike Path Closure: $0.15 / Ift / day Core Areas Heated Streetscape $0.25 I sqft / week Paved Surface (non traffic): $0.25 / sqft / month Non-Paved Surface: $0.05 / sqft / month Non-Construction Season Single Lane Closure: $1.00 / Ift / day Two Lane Closure: $3.00 / Ift / day Three Lane Closure: $6.00 / Ift / day Sidewalk/Bike Path: $0.50 / Ift / day ,Core Areas Heated Streetscape $0.50 / sqft / day Paved Surface (non traffic): $1.00 / sqft / month Non-Paved Surface: $0.20 / sqft / month Public Way Street Cut Permit Fee: (Minimum Fee $50.00) Public V1/ays: Asphalt/Concrete Paved Surface: $0.30 per square foot Brick Paver Surface: $1.00 per square foot Non-Destructive Exploration (each): $50.00 per location Non-Paved Surfaces: $0.05 ger square foot Public Vl/ays Under Moritorium: AsphalUConcrete Paved Surface: $8.00 per square foot Brick Paver Surtace: $15.00 per square foot Non-Destructive Exploration (each): $200.00 per location Non-Paved Surfaces: $0.25 per square foot Definitions: Non-Construction Sea§on: Times in which construction is not allowed within the Public Way in the Town of Vail as defined in Title 8 of the Town Municipa{ Code and as further defined by the "Vail Construction Hours Policy" information handout. Construction Season: All times other than non-construction Season. Public Ways Under Moratoroum: Public Ways that have been, reconstructed, rehabi{itated, ar resurfaced within the past five (5)yrs. . Non-Destructive Exploration: Non destructive sub surface investigation by means of vacuum suction, auger, boring or other similar means that ' disturbs less than 12" of the surface to determine depth and location of existing utilities or other structures, pertorm soil tests or analyses, or other sub surface exploratory needs. , MEMORANDUM To: Town Council From: Stan Zemler Kathleen Halloran Date: April 10, 2008 Subject: 2008 Supplemental Appropriation and Budget Adjustment We are attaching the following documents for your review. This evening meeting you will be asked to approve Ordinance Number 7 making supplemental appropriations and budget adjustments to the 2008 budget. • Supplemental Appropriation Request of 2008 • Summary of Revenue, Expenditures, and Changes in Fund Balances - 2007 Actual Compared with Amended Budget and 2008 including First Supplemental Appropriation - General Fund - Capital Projects Fund - Real Estate Transfer Tax (RETT) Fund - Heavy Equipment Fund - Dispatch Services Fund • Ordinance No. 7 ~ Changes from first readin2 Changes from first reading have occurred in the General Fund. This change is a result of unanticipated legal fees from pending litigation. The change is highlighted (in green) throughout this document to identify new / different information. Proposed Supplemental Appropriations and Budget Adjustments #1 of 2008 Revenue Expenditure Increase Increase Descriptiou (Decrease) (Decrease) Reason General Fund RETT Management Fee (50,000) 5% of RETT collections; relates to decrease in RETT revenue projection Volvo Contract Revenue (sponsorship) 3,000 Volvo to sponsor recycling bags for TOV's Clean Up Day; money received in 2008 Economic Development - Special Pgms 28,000 Expenses related to sponsorship from Volvo ($25,000 was paid to TOV in 2007) Contributions : Teva Mtn Games (World Climbing Cup) 50,000 Per Council 10/2/07 approved for payment; however request had come in too late to be included in the original 2008 budget Rental Income 17,600 Rental income of Vail Village Inn Plaza Phase V unit (Plum TV lease with payments beginning May'08) Facilities - Condo Dues 11,475 Condo Dues on Vail Vallage Inn Plaza unit for Jan - April (Plum TV takes over payment of dues for remainder of year) Construction permit fees / Contributions 5,105 Per Council 1/8/08, refund Vail Valley Foundation for permit fees relating to Amphitheater Orchestra pit project Computer equipment 5,500 GPS to be shared by public works, fve and community development . Master lease rental revenue 16,800 Lease revenue for Chamonix/Buffehr Creek municipal employee apartments Master lease rent payments 21,000 12 month leases for Chamonix/Buffehr Creek apar[ments (at $850 and $900/month) Master lease repair & maintenance 1,000 Unit maintenance for tenant turnover Pazking Equipment Repair 5,200 Pazking equipment damaged by uninsured motorist Town Council Travel 5,000 Total cost for Uuee peer resort visits is estimated at $ l OK; current budget includes $SK Peer Resort Visits 20,000 Three peer resort visits (Park City, Lake Tahoe and Whistler) - expense for directors / staff Legal Fees 11,000 Legal fees for pending lawsuit Subtotal General Fund (12,600) 163,280 Capital Projects Fuod Settlement from Red Sandstone culvert damag 6,127 "Stevens settlement" from 20003he town's expense related to repairs on a culvert damaged during construction Eagle County Grant Revenue - Fire Station 50,000 Roll-forwazd from 2007; County has budgeted this amount in 2008 for planning and design of a third fire station Fire Infrastructure Improvements 79,229 Roll-forwazd from 2007; For design and planning of a third fire station - Project ReimbursemenUShared Cosu 40,000 Re-payment of promissory note from Vail Recreation District for the Gymnastics facility Vail Plaza Hotel improvements 23,790 10 Vail Village Street Light fixtures (Vail Plaza paid the TOV in 2007 for these costs) Vail°Plaza Hotel improvements 26,784 Construct temporary waik (Vail Plaza paid the TOV in 2007 for these costs) Vail Plaza Hotel improvements 9,824 Portion of asphalt overlay on Vail Rd (Vail Plaza paid the TOV in 2007 for these costs) Heary Equipment new capital 3,400 Roll-forwazd from 2007 " Replace Buses 3,840,297 Roll-forwazd from 2007 - 7 hybrid buses received in 2008 SoRware & hardware upgrades 21,838 Roll-forwazd from 2007; ongoing projects Radio Replacement 50,000 Roll-forward from 2007; ongoing project Pazking Entry System 2,985 Roll-forward from 2007; to complete the project Network upgrades 11,478 Roll-forward from 2007; ongoing projects Website Maintenaoce 20,000 Roll-fonvard from 2007 CAD/RMS Dispatch systems 14,640 Rolt-forward from 2007 Vehicle Expansion 61,411 $60K for set up of Volvo police vehicles plus $1,411 roll-fonvard from 2007 (see memo attached) Radio Amplifier in Parking Structures 50,000 Roll-fonvard from 2007; Use for replacement ofAM530 system Fire Suppression for computer room 35,500 Roll-forward &om 2007 Emergency Generator Replacement 175,000 $75K roll-fonvard from 2007 plus an additional $100K needed for the municipal generator replacement Pitkin Creek Unit - Electricity 3,600 Electric wsts for Pitkin Creek employee housing unit (rental) Pitkin Creek Unit - Condo Dues 3,750 Condo Dues for Pitkin Creek employee housing unit (rental) Altair Unit 178,066 Purchased employee housing unit on 1/2/08 (replaced Bell Tower EHU); Council approved 12/18/07 Sale ofAltair Unit 178,066 Sale of unit to employee 1/28/08 Timber Ridge Loan Guazantee 925,000 Roll-forward from 2007; the town is required by the lender to hold this amount available for the letter of credit for Timber Ridge Timber Ridge Le al / Zonin 28,927 Roll-forward from 2007; on oin le al fees related to tential redevelo ment of Timber Rid e Supp 1 of 2008-2nd 2 414/2008 12:27 PM Proposed Suppiemental Appropriations aad Budget Adjustments #1 of 2008 Revenue Eapenditure Increase Increase Description (Decrease) (Decrease) Reason Bio Mass Study 50,000 Roll-forward from 2007 Bus Shelter Replacement 19,354 Roll-forward from 2007 Capital Street Maintenance 40,672 Roll-forward from 2007 for continued street projects Facility Capital 168,817 Roll-forward from 2007; to be used for the public works shop and East Vail fire house roofing repairs Parking Structure Maintenance 176,706 Roll-forward from 2007; to be used for a remodel of the transit center Third Party / Insurance Reimbursement 51,510 Damages recouped from person who ran their car into our pazking booth and equipment Equipment Repair & Maintenance 51,510 Cost to repair the parking booth and equipment from above accident Flammable Storage / Mag Chloride 24,000 Roll-forward from 2007 Underground Utilities projects 47,783 Roll-forward from 2007 Fiber Optic Connection projects 15,000 Roll-forward from 2007 LionsHead Improvements 32,242 Roll-forward from 2007; continued work on transportation study and engineering work for urban renewal I-70 Noise 829,282 Roll-forward from 2007; this account continues to roll forwazd until a project is identified West Vail Area Plan 22,732 Roll-forward from 2007 Strategic Planning - Vai12020 Unplementation 25,341 Roll-forward from 2007 LionsHead Parking Structure Redevelopment 34,857 Roll-forward from 2007 to be used for legal fees for potential redevelopment project Strategic Planning - Chamonix Area 130;545 Roll-forward from 2007 (COTO15) Way Finding Improvements 6,416 Roll-forward from 2007 Village Streetscape 989,971 Roll-forward from 2007 Manor Vai? Street Lnprovements 100,000 Revenue received in 2006 and deferred until work started; this entry is to recognize the revenue in 2008 Manor Vail Street Improvements 100,000 Work started in 2008 Subtotal Capital Projects Fund 425,703 8,330,747 RETT Projects Fund RETT Revenue (1,000,000) Decrease in projected tax collections Management Fee paid to General Fund (50,000) 5% of RETT collections; relates to decrease in revenue projection Donovan Park Pavillion 29,634 Roll-forward from 2007 - use in 2008 to fix heating system Dobson Ice Arena 13,807 Roll forward from 2007 - related to $1 fee per ticket sold; money to be used for capital maintenance Dobson Ice Arena 7,900 Roll-forward from 2007 - boiler leak repair Construction Services - Gymnastics 23,611 Roll-forward capital reserve fund for Gymnastics facility plus $5,611 budget for retaining wall fix Capital replacement fund 6,000 Current year capital reserve for Gymnastics facility - payment from Vail Recreation District Construction Services - Gymnastics 6,000 Current year capital reserve for Gymnastics facility Heavy Equip Operating Chazge 33,527 Original budget did not include correct amount from Fleet manager's cost allocation Heavy Equip Replacement Chazge 23,639 Original budget did not include correct amount from Fleet managers cost allocation Ford Pazk Management Plan 81,340 Roll forwazd from 2007; work on recreation facilities and planning Legal Agreements with VRD 49,229 Roll forward from 2007; continue working on lease agreements with Vail Recreation District Recreation Path Maintenance 161,473 Roll forwazd from 2007; to be used for path behind Library Tree Maintenance 55,931 Roll forward from 2007 Street Furniture 41143 Roll forwazd from 2007 Black Gore Creek Sand Mitigation 84,000 Roll forwazd from 2007 - ongoing project with Eagle River Watershed Council Bear Proof Containers 2,578 Roll forward from 2007 Park Capital Maintenance 20,229 Roll forwazd from 2007 Stream Tract Mitigation 34,881 Roll forwazd from 2007; survey to be performed ia 2008 to determine if there is encroachment along stream hact ReVOfit Park Restrooms 78,659 Roll forwazd from 2007; to be used for heat in Steven's park and Fordpark restrooms Forest Health grant revenue 2,400 Grant money received from Colorado State University for Forest Health equipment Forest Health - small equipment 2,400 Forest Health Equipment expense funded from grant Forest Health programs 169,408. Roll forward from 2007; funding from Eagle County in 2007 resulted in savings Environmental Sustainabili 57,011 Roll fonvard from 2007 Supp I of 2008-2nd ' 3 4/4/2008 1227 PM Proposed Supplemental Appropriations and Budget Adjustments 91 of 2008 Reveoue Eapenditure Increase Increase Description (Decrease) (Decrease) Reasoo Greenhouse 100,000 Roll forward from 2007; Not purchased in 2007 because flowers for Arrabelle area not needed yet; planning for 2008 volume Tennis Center Improvements 16,800 Roll forward from 2007 Open Space Acquisition / Land 551,019 Roll forward from 2007; this account continues to roll forward until a project or parcel is identified Master Planning 79,543 Roll forward from 2007; Golf course planning ; bridge assessments Donovan Park - Lower Bench 15,409 Roll forward from 2007; to construct additional picnic shelter Whitewater Park 48,325 Roll forward from 2007; to finish project LionsHead Park 139,000 Roll forward from 2007; location to be finalized Skate Pazk 65,000 Roll forward from 2007 (only partial roll fonvazd) for 2008 modifications, set up and tear down of skate park Kayak Take-out 10,000 Roll forward from 2007; Willows development provided funds in '07 for this project Playground Safety Improvements 40,037 Roll forward from 2007 Raw Water project / Irrigation Control 9,927 Roll forward from 2007; to pay final bill for taw water conversion Trailhead Signs / Development 11,150 Roll forward from 2007; signage & paving at North trailhead and Pitkin Cascade Bike Path 6,977 Roll forward from 2007; to complete the project Katsos Ranch Path 546,887 Roll forward from 2007; ongoing project Federal Grant Revenue - 149,458 Grant money to be used for the Timber Ridge/ Buffehr Creek path TimberRidge-Buffehr Crk Rd Separation 653,700 Roll forward from 2007; ongoing project Public Art - Professional Fees 15,866 2007 net profit from sales of manhole covers / jewelry Public Art - Donations 108,330 Roll forward from 2007 contributions (Triumph development / Willows $100K) Public Art - Professional Fees 108,330 Expenditures relating to conuibutions Public Art - Professional Fees 92,802 Roll forward from 2007 (remaining public art project money from annual appropriations) ADA Compliance 100,849 Roli forward from 2007; ongoing project Seibert Cirde 323,230 Roll forward from 2007; ongoing project Landscape Medians 570,000 Roll forward from 2007; to be used for new medians along south frontage road neaz Solazis Subtotal RETT Projects Fund (733,812) 4,394,251 Dispatch Service Fund Radios R&M 13,000 New radios budgeted and ordered in 2007, but were not received until 2008. Computer Software 72,000 Computer software paid for by County in 2007; expenditure will hit in 2008 Capital Ouday 20,000 Funds not used in 2007; "carry-over" to 2008 to fund computer aided dispatch (CAD) systems; Subtotal Dispatch Service Fund 0 105,000 Heavy Equipment Fund Capital Outlay / Vehicles 237,156 Roll forward from 2007; for vehicles & equipment budgeted and ordered in 2007, but not received unti12008 Subtotal Heavy Equipment Fund 0 237,156 Total All Funds (320,709) 13,230,434 Supp 1 of 2008-2nd 4 4/4/2000 12;27 PM , tst Supplemental of 2008 Second Reading TOWN OF VAIL 2008 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE - GENERAL FUND - i - ~ -r--- ' ! Unaudited ~ oposed Ammended ' 2007 ~ Over (Un4e7q Bud et 1st ~ Ammended ~ 2007 Actual r Ammended ; 2008 1 Supplemental I 2008 Revenue Local Taxes: Sales Tax Split b/t Gen'1 Fund 8~ Capital Fund ~ 58/42 56/44 60/40 _ Sales Tax $ 10,741,500 $ 10,741,500 $ _4$_ 11,640,000 11,640,000 Property and Ownershi 3,007,998 2,989,770 18,228 3,843,500 3,843,500 Ski Lift Tax 2,890,000 3,039,619 149,619 3,123,85 j2 ~ 3,123,852 Franchise Fees, Penalties, and OtherTaxes 807,000 873,828 66,828 826,110 ~ 826,110 Licenses & Permits 4,489,550 5,083,017 593,467 2,353,950 4 2,353,950 Inter overnmental Revenue 1,345,750 1,534,583 188,833 1,366,800 1,366,800 Trans ortation Centers 4,402,780 4,636,791 234,011 3,736,380 3,736 380 Charges for Services 713,765 733,179 19,414 817,135 50,000 767,135 Fines 8 Forfeitures 201,500 344,546 143,046 215,000 215,000 Eamin s on Investments 795,000 979,445 184,445 675,000 675,000 Rental Revenue 737,220 897,958 160,738 763,000 34,400 797,400 Miscellaneous and Pro'ect Reirnbursements 118,288 195,016 76,728 70,000 ' 3,000 73,000 Total Revenue 30,250,351 32,049,252 1,798,901 29,430,727 12,600 29,418,127 Expenditures Salaries 12,227,608 12,154,976 72,632 13,108,428 13,108,428 Benefits 4,252,538, 4 325 805 73,267 4,477,762, 4,477,762 Subtotal Com ensation and Benefits 16,480,146 16,480,781 635 17,586,190j - 17 586 190 Contributions, Special Events and Econ Dev 1,214,864 1,293,766 79,102 1,327,340 83,105 1,410,445 All Other O eratin Ex enses 7,566,245 6,691,718 874,527 7,162,216 St'l;1T5,, . 7,242,391 Hea E ui ment O eratin Char es 1,946,418 1,801,707 144,711 2,093,150 2,093 150 Hea E ui ment Re tacement Char es 631,723 622,786 8,93D _ 629,643 629,643 Dis atch Services 512,427 512,427 535 657 535 657 Total Expenditures 28,351,623 27,403,185 I 948,438 29,334,196 163,280 29,497,476 I Revenue Over (Under Ex nditures 1,898,728 4,646,067 2,747,339 96,531 175,880 79,349 Transferto Capital Projects Fund (222,500) 222,500)1 Be innin Fund Balance 15,433,051 15,433,051 14,686,181 19,856,618 Ending Fund Balance $ 17,109,279 $ 18,856,618 $ 14,782,712 E 19,7T7,269 5 . 1 st Supplemernal of 2008 Second Reatlinn TOWN OF VAIL 2008 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND I Unaudlted Pro osed ~ Ammended 2007 Over Under Budget 1st j Ammended 2007 Actual Ammended 2008 Supplemental 2008~ Revenus i ; Sales Use Tax $ 7,658,500 $ 8,297,397 $ 638,897 $ 7,760,000 I$ 7,760,000 Tax j - ~ - , Federai Grant Revenue 50,617 1,571 49,046 815,577 815,577 Lease Revenus 187,800 188,160 360 187,800 - 187,800 Pro'ectReimbursement 1,450,851 1,314818 136,233 - 191,510 191,510 - - . Ea le Coun Grant Revenue 500,000 - 500,000 - 50,000 50,000 Earnings on Investments and Other 441,500 1,1341890 693,390 10,850 184,193 195,043 Total Revenue ~ 10,289,268 10,936,636 647,368 8,774,227 425,703 9,199,930 I Ex nditures Land Purchases ~ Vail Heights Unit 280,000 280,841 841 - - - Pitkin Creek Unit 462,125 463,121 996 - - - East Vail Lodging Unit 172,550 173,968 1,418 - - - Wend)(s Properry 2,060,000 2,030,726 29,274 - - - Altair Unit - - - - 178,066 178,066 Equi ment Purchases I Document Ima ing 97,000 132,335 35,335 ~ 350,000 - 350,000 Software & Hardware Upgrades 88,000 92,173 4,173 43,000 - 43,000 Comm Dev Interactive Permit software 73,000 10,730 62,270 - 21,838 21,838 ' 5ebsite oftware Licensing ~ - - - 8,500 - 8,500 etwork u rades 45,000 33,522 11,478 32,000 11,478 43,478 & E-commerce 20,000 - 20,000 12,000 20,000 32,000 Com uter Aided Dis atch CAD / RMS Pro'ect 92,500 77,860 14,640 43,000 14,640 57,640 Parkin E ui ment Re lacement 425,348 422,363 2,985 - 2,985 2,985 Patrof Car Video Cameras - - - 8,000 - 8,000 Fire Truck RebuildlRefurbish - 589,352 598,568 9,216 520,000 - 520,000 Jail ! Munici al Bld Video S tem U rade 12,000 12,052 52 23,000 - 23,000 Radio am lification in arkin structures 50,000 - 50,000 - 50,000 50,000 Hea E ui ment new ca ital 17,500 14,100 3,400 - 3,400 3,400 Generator 75,000 - 75,000 - 175,000 175,000 Office E ui ment 17,000 17,924 924 14,635 - 14,635 Re lace Buses 3,842,605 2,308 3,840,297 - 3,840,297 3,840,297 GPS for Buses 52,750 52,750 - - - - Radio re lacement ublic works, ublic safety) 50,000 - 50,000 495,500 1 50,000 545,500 Vehicle Ex ansion 44,800 43,389 (1,411)1 81 411 61.411 Subtotai Equipment Purchases 5,591,855 1,510,074 4,081,781 1,549,635 4,251,049 5,800,684 Capital Maintenance Bus Shelter Re lacement 30,000 10,646 19,354 10,000 19,354 29,354 Ca ital Street Maintenance 857,482 816,810 40,672 1,625,000 77,280 1,702,280 Parkin Structure Im rovements 516,127 339,423 176,704 935,000 228,216 1,163,216 General Facili Im rovements 744,627 489,050 255,577 400,000 168,817 568,817 Fire suppression in computer rooms 35,500 - 35,500 - 35,500 35,500 Flammable stora e/ Ma Chioride 24,000 - 24,000 - 24 000 24,000 G mnastics Facili & Reserve 23,612 23 612 - - - Subtotal Capital Matntenance 2,231,348 1,655,929 551,807 2,970,000 553,987 3,523,167 Street Reconstruction ,Nei hborhood Road Reconstruction - - - 150,000 - 150,000 Nei hborhood Brid e Reconstruction - - 75,000 - 75.000 Subtotal Street Reconstruction - - - 225,000 225,000 6 . 1s1 Supplemental of 2008 Second Readina TOWN OF VAIL 2008 BUDGET ~ SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE _ CAPITAL PROJECTS FUND i--- ' Unaudited Pro osed ~ Ammended 2007 ; Over(Under i Bud et 1st Ammended ~ 2007 Actual ; Ammended 2008 ; Su piemental 2008 ~ 8uildings 8lmprovements ~ I Fire infrastructure improvements I 79,229 - 79,229)L 250,000 l79,229 329,229 'Building Remodels I 50,000 57,986 i 7,986 I - - - Fiber O tics in Buildin s 15,000 - 15,000 15,000 15,000 30,000 Dobson Ice Arena 7;900 - 7,900 - - - Wa Findin Im rovements 9,896 3,480 6,416 30,000 6,416 ~ 36,416 Donovan Park Pavilion 29 634 - 29 634 - - - Subtotal Bld s/ Im rovements 191,659 61,466 130,193 295,000 100,645 395,645 Streetsca Pro ects Manor Vail Street Im rovements - 1,647 1,647 - 100,000 100,000 West & East Meadow Drive 950,000 950,000 - 1,720,000 - 1,720,000 East Meadoyv Drive-Streetsca e Heat 1,030,000 1,030,000 - - - - Villa e Streetsca e 1 276 667 286 698 989 969 - 1,013,761 1,013,761 Subtotal Streetscape Pro ects 3,256,667 2,288,345 988,322 1,720,000 ~ 1,173,761 2,833,761 Housin Pro ram Bu -Down Pro ram - - - 100,000 - 100,000 Rational Nexus Study 1,999 - 1,999 - - - Pitkin Creek Em lo ee Housin Unit - - - - 7,350 7,350 Timber Ridge Debt Service Guarantee 925,000 - (925,000 - 925,000 925,000 Timber Ridge Legal / Zoning 32,558 3,694 (28,864 28 927 28 927 S ota! Housing Program _ 959,557 3,694 955,863 1001000 961,277 1,061,277 LlonsHead Redevelopment LionsHead Im rovements 113 764 81,522 (32,242) - 32,242 32,242 Subtotal Lion"sHead Redevelo ment 113,764 ~ 81,522 32,242 - 32,242 32,242 Other Im rovements TOV Strate ic Plannin Vail 2020 37,375 12,034 25,341 - 25,341 25,341 West Vail Area Plan 27,302 4,570 (22,732)1 - 22,732 22,732 Strate ic Plannin - Chamonix Area 130,545 - 130,545 - 130,545 130,545 Street Li ht Im rovement Proram 80,099 158,874 78,775 75,000 - 75,000 1-70 Noise 837,575 8,293 829,282 250,000 829,282 1,079,282 LH Parkin Structure Redevelo rnent 186,299 151,442 34 857 - 34,857 34,857 Bio-Mass Stud 50,000 - 50,000 - 50,000 50,000 Under round Utili Improvements 105,000 57,217 47,783 - 47,783 47,783 E. Vail Radio Tower 5,000 - 5.000 Subtotal Other lmprovements 1,454,195 392,430 1,081,765 330,000 1,140,540 1,470,540 Total before Financin 16,773,720 8,922,116 7,851,604 7,189,635 8,330,747 15,520,382 Transferfor Debt Service 2,322,497 2,322,497 2,321,825 - 2,321,825 Transfer from General Fund 222,500 222.500 - Total Financin 2,099,997 2,099,997 - 2,321,825 - 2,321,825 Total Ex enditures 18,873,717 11,022,113 7,851,604 9,511,460 8,330,747 17,842,207 Revenue Over Under Expenditures 8,584,449 85,477 8,498,972 (737,233 7,905,044 8,642,277) IBe inni~ Fund Ba4ance 10,256,602 10,256,602 - 754,153 ~ - 10,171,125 Ending Fund Balance 3 1,672,153 $ 10,171,125 $ 8,498,972 $ 16,920 ; 7,905,044 I $ 1,528,848 7 1 st Supplemental of 2008 Second Reading TOWN OF VAIL 2008 BUDGET _ SUMMARY OF REVENUE, EXPENDITURES, ANO CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX FUND EHE i - Unaudited i Proposed ~ Ammended 2007 Over Under Bud et 1st Ammended REVEMUE 2007 Actual Ammended 2008 Supptemental 2008 Real Estate Transfer Tax $ 5,825,000 $ 6,536,118 $ 711,118 $ 8,230,000 $ 1,000,000 $ 7,230,000 Grant Revenue , - - - - 151,858 151,858 Golf Course Lease 123,018 116,472 (6,546) 126,708 - 126,708 Lotte Revenue ~ 20,000 24,451 4,451 20,000 - 20,000 Pro'ect Reimbursements 399,065 246,073 152,992 8,000 6,000 Earnin s on Investments and Other I 533,000 734,928 201,928 200,000 108,330 308,330 Recreation Ameni Fees 981 000 1 1654,574 183.574 125.000 - 125.000 Total Revenue 7,881,083 8,822,616 941,533 8,701,708 733,812 7,967,896 EXPENDITURES ~ - Mnuai Maintenance RETT Management Fee to Gen'I Fund 291,250 253,591 (37,659 411,500 50,000 361,500 Park, Path & Landsca e Maintenance 1,260,802 1,085,479 175,323 1,253,900 57,166 1,311,066 Rec. Path Ca ital Maintenance 234,837 73,364 161,473 222,789 161,473 384,262 AI ine Garden Su oR 54,080 56,275 2,195 70,000 - 70,000 Tree Maintenance 104,796 48,865 55,931 60,000 55,931 115,931 Forest Health Mana ement 385,325 215,917 169,408 360,000 171,808 531,808 Street Fumiture Re lacement 20,000 15,857 4,143 20,000 4,143 24,143 Black Gore Creek Sand Miti ation 184,000 100,000 84 000 100 000 84.000 184,000 Subtotal Maintenance 2,535,090 1,849,348 685,742 2,498,189 484,521 2,982,710 Recreation PathlTrail Development Katsos Ranch Path 1,225,943 679,056 546,887 - 546,887 546,887 Cascade Bike Path 7,000 23 6,977 - 6,977 6,977 TimberRidge-Buffehr Crk Rd Path 675,000 21,300 653,740 - 653,700 653,700 Streamwalk & Safety Improvemetns - • - - 225,000 225,000 TrailheadDevelo ment/Im rovement 27,273 16,123 11,150 22,100 11,150 33,250 Meadow Drive Streetsca e 720,000 720,000 - 1,250,000 - 1,250,000 Fronta e Road Bike Lanes / Trails - - 1 275 000 - 1,275,000 Subtotal Pathwa s 2,655,216 1,436,502 7,218,714 2,772,100 1,218,714 3,990,814 Capital Maintenance ADA Com liance w/ VRD 126,848 . 25,999 100,849 - 100,849 100,849 VRD A reements - Le al Counsel 52,A44 3,215 49,229 50,000 49,229 99,229 Raw Water Pro'ect / Irriation Control 10,388 461 9,927 - 9,927 9,927 Stream Tract Incursion Surve 34,881 - 34,881 30,000 34,881 64,881 Bi Hom Park 216,756 227,512 10,756 - - - Pla round Safe / Red Sandstone 58,000 7,206 50,794 425,000 40,037 465,037 659 Retrofit Park Restrooms-3 seasons 172,404 93,745 78,659 - 78,659 78J570 Park / Pla round Ca ital Maintenance 100,000 79,771 20,229 105,000 20,229 Landsca e Medians .570,000 - 570,000 - 570,000 Turf To dresser 12,000 10,555 E_IJE - Bear Proof Containers 199,500 196,922 2,578 2,578 Sibert Circle 1,099,095 775,865 323,230 323,230 ,Ford Am hitheater Renovations 250,000 250,000 - - Greenhouse 100,000 - 100,000 100,000 100,000 Dobson Ice Arena - - - 77,200 21,707 98,907 G mnastics Center - - - - 29,611 29,611 Ford Park / Tennis Center Im rovements 56 000 39,200 16 800 62,000 16,800 78,800 Subtotal Ca Ital Maintenance 3,058,318 1,710,451 1,347,865 749,200 11397,737 2,146,937 Art in Public Places (AIPP) PublicArt 360,909 168,108 (192,801 ;7;;5~.000 ° 246;'898,' 291,998 Project Mana ement 76,746 77111 365 62,167 62,167 Subtotal AIPP 437,655 245,219 192,436 137,167 216,998 354,165 Park Development Donovan Park 49,050 33,641 15,409 - 45,043 45,043 White Water Park 376,000 327,675 48,325 - 48,325 48,325 LionsHead Park 139 000 (139.000)1 928 000 139 000 1,067,0001 . 8 1 st Supplemental of 2008 • Second Reading _ TOWN OF VAIL 2008 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX FUND ------1- Unaudited Pro osed Ammended 2007 Over Under Bud et ist Ammended REVENUE 2007 Actual Ammended 2008 Supplemental 2008 Skate Park ~ 400,000 I 170,290 ~ (229,710 - 65,000 65,000 Ka ak Take-out i 10,000 (10,000) - 10,000 10,000 Ford Park Master Pian-Im rovements 100,000 18,660 (81,340)11 1 500,000 81,340 1,581,340 Subtotai Park Development _ 1,074,050 550,266 ~ 523,784 2,428,000 ' 388,708 2,816,708 Recreation Master Planning 104,500 24,957 79,543 - 79,543 79,543 Environmental Sustainabili 250,000 192 989 57,011 250,000 57,011 307,011 O en S ace Ac uisition 551,019 - 551,019 - 551,019 551,019 Total Eupenditures 10,685,846 6,009,732 4,658,114 8,834,856 4,394,251 13,228,907 Revenue Over Under Expendltures 2,784,763 2,812,884 5,597,647 132,948 5,128,063 5,261,011 Be innin Fund Balance 8,956,388 8,956,388 6,953,621 11,769,272 Ending Fund Balance $ 6,171,625 S 71,769,272 5 5,597,647 a 6,820,673 ~ 5,128,063 a 6,508,261 ~ 9 1st Supplemenlal of 2008 Sarnnri Rwarling TOWN OF VAIL 2008 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE DISPATCH SERVICES FUND ~ Unaudited Proposed Ammended i 2007 Ovqr ~Under) Bud et 1sAmmended 2007 Actual Ammended 2008 i Supplemental 2008 Revenue E911 Board Revenue $ 563,654 $ 586,404 $ 22,750 $ 582,183 $ 582,183 Intera en Char es 901,858 942,204 40,346 956,694 956,694 Town of Vail lntera enc Char e 512,427 512,427 - 535,657 535,657 Earnin s on Investments - 38,678 38,678 - E911 BOARD Ca ital Grant - - - - Pro'ect Reimbursement 86,135 92,135 6,000 - - Other - - ' Total Revenue 2,064,074 2,171,848 107,774 2,074,534 2,074,534 Expenditures Salaries & Benefits 1,470,322 1,399,038 71,284 1,606,676 1,606,676 O eratin , Maintenance & Contracts 489,254 397,630 91,624 465,511 13,000 478,511 Ca ital Outla 122,000 - 122,000 50,000 92,000 142,000 7otal Ex enditures 2,081,576 1,796,668 284,908 2,122,187 105,000 2,227,187 Revenue Over(Under) Expenditures (17,502) 375,180 392,682 (47,653) (105,000) (152,653) Be innin Fund Balance 543,186 , 543,186 - 525,684 918,366 Ending Fund Bafance $ 525,684 $ 918,366 $ 392,682 $ 478,031 $ (105,000), $ 765,713 I II ~ 10 ; ' 1 st Supplemental of 2008 Second Reading TOWN OF VAIL 2008 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE HEAVY EDUiPMENT FUMD i i I ' i Unaudited Proposed Ammended ~ 2007 Over Under) Bud et 1st Ammended 2007 Actual Ammended ~ 2008 Supplemental 2008 Revenue Town of Vail Intera enc Charce $ 2,578,141 $ 2,493,409 $ 84,732 $ 2,795,945 $ 2,795,945.00 Insurance Reimbursements & Other 37,900 69,055 31,155 38,800 38,800 Eamin s on Investments 8,000 66,476 58,476 65,000 65,000 E ui ment Sales and Trade-ins 149,916 99,032 (50,884) 133,530 133,530 Total Revenue 2,773 957 2,727,972 45,985 3,033,275 - 3,033 275 Expenditures ' Salaries & Benefits 926,331 781,304 145,027 970,593 870,593 O eratin , Maintenance & Contracts 1,012,873 1,115,880 103,007 1,180,450 1,180,450 Ca italOutla 671,300 531,112 140188 686300 237,156 923,456 Total Ex enditures 2 610 504 2,428,296 182,208 2,837,343 237,156 3,074,499 Revenue Over (Under) Expenditures 163,453 299,676 136,223 195,932 237,156) , (41,224) Be innin Fund Balance 1,385,383 1,385,383 1,473,250 1,685,059 I Ending Fund Balance 1,548,836 $ 1,685,059 I$ 136,223 $ 1,669,182 $ (237,156) $ 1,643,835 11 ORDINANCE NO. 7 SERIES OF 2008 AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH SER1/ICES FUND, AND HEAVY EQUIPMENT FUND OF THE 2008 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2008 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 29, Series of 2007, adopting the 2008 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, W HEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain supplemental appropriations and budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF , VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following supplemental appropriations and budget adjustments for the 2008 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure or (reduction) of said appropriations as fo!lows: General Fund $ 163,280 Capital Projects Fund 8,330,747 Real Estate Transfer Tax Fund 4,394,251 Dispatch Services Fund 105,000 Heavy Equipment Fund 237. 9 56 Total $13,230,434 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each Ordinance No. 7, Series of 2008 part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any nght which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READfNG this 1 st day of April, 2008, and a public hearing shall be held on this Ordinance on the 15th day of April, 2008, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Munic+pal Building of the town. . Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED AS AMMENDED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 15th day of April, 2008. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 7, Series of 2008 . MEMORANDUM TO: Town Council FROM: Community Development Department DATE: Aprii 15, 2008 SUBJECT: A request for first reading of Ordinance No. 10, Series of 2008, repealing and re-enacting Ordinance No. 31, Series of 2007, Cascade Village, amending and re-establishing the approved development plan for Area A of SDD No. 4, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the construction of two additions (deck enclosures) to the south side of Vail Cascade Hotel, located at 1300 Westhaven Drive/Cascade Village Subdivision, and setting forth details in regard thereto. (PEC080007) Applicant: L.O. Holding, Inc., represented by Richard Burcham, Destination Hotels and Resorts Planner: Nicole Peterson 1. DESCRIPTION OF THE REQUEST This SDD major amendment ordinance request includes two additions (Enclosures of portions of existing decks), expansion of one deck and the addition of a staircase located. on the south side of the Vail Cascade Hotel building located at 1300 Westhaven Drive. The proposed additions will expand the floor area of the existing Chap's Restaurant by 1,405 square feet and the existing library by 486 square feet, for a total of 1,891 square feet of additional enclosed space. In addition, this request includes an expansion of the Chap's Restaurant deck by 183 square feet and the addition of a staircase from the existing deck to the ground level patio and pool. Please see Staff's March 24, 2008, memo to the Planning and Environmental Commission. (Attachment A) for plans and additional information. Staff has attached the proposed Ordinance No. 10, Series of 2008 with additions highlighted in bold italics on pages 16, 20 and 21 (Attachment B). On page 16 of Ordinance No. 10, Staff is proposing an updated parking requirement table to replace out-dated information provided in previous Ordinances. The proposed parking table was created after the Planning and Environmental Commission hearing because Ordinance No. 10 was drafted after the hearing. Staff's parking analysis, both prior and after the creation of the table, revealed the same result; that the additions do not require construction of additional parking spaces. . II. BACKGROUND The Planning and Environmental Commission, at their March 24, 2008 hearing, recommended that the Council approve the request with the following conditions: 1 ~ 1. That the Developer receives final review and approval of the proposed development plan by the Town of Vail Design Review Board, prior to making an application for the issuance of a building permit. 2. That the Developer meet the Commercial Linkage requirement set forth in Section 12-23 Commercial Linkage, Vail Town Code. Prior to the PEC meeting, the applicant had agreed to comply with the Commercial Linkage requirement through the fee in lieu mitigation method set forth in Section 12-23 Commercial Linkage, Vail Town Code. Staff calculated the fee in lieu for the proposed Chap's addition, in the amount of $249,631.50 (Attachment C). The PEC had concerns that the amount of the fee in lieu was too great and urged the applicant to submit a statement to waive the fee in lieu in accordance with Section 12-23-26 Employee Generation and Mitigation Rates, Vail Town Code as follows (in part): "12-23-2: EMPLOYEE GENERATION AIVD MITIGATION RATES 8. If an applicant submits competent evidence that the employee generation rates contained in table 23-1 of this section or the nexus study do not accurately reflect the number of employees generated by the proposed commercial development or redevelopment and the administrator finds that such evidence warrants a deviation from those employee generation rates, the administrator shall allow for such a deviation as the administrator deems appropriate." The applicant has submitted a statement requesting waiver of the fee in lieu (Attachment D). Staff requests a Council decision to either; waive, partially waive, or collect the fee in lieu to comply with Section 12-23 Commercial Linkage, Vail Town Code. Staff has reviewed the request and does not fnd sufficient proof that no new employees will be required in connection with the proposed addition, nor that business will not increase. Staff believes the waiver would set an unwanted precedent for future requests. Therefore, Staff is recommending that the applicant pay the fee in lieu requirement in full. Staff has . attached the PEC minu#es for the Council's review (Attachment E). II1. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council approve, with conditions the request subject to the following conditions: Should the Council choose to approve the request, the Department of Community Development recommends the Commission pass the following motion: "The Town Council approves, with conditions, the first reading of Ordinance No. 10, Series of 2008, repealing and re-enacting Ordinance. No. 31, Series of 2007, Cascade Village, amending and re-establishing the approved development plan for Area A of SDD No. 4, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the consfruction of two additions (deck enclosures) to the south side of Vail Cascade Hotel, located at 1300 Westhaven Drive/Cascade Village Subdivision, and setting forth details in regard thereto." 2 Should the Council choose to approve this amendment, the Community Development Department suggests the following conditions: 1. That the Developer receives final review and approval of the proposed development plan by the Town of Vail Design Review Board, prior to making an application for the issuance of a building permit. 2. That the Developer pays in full, the emplayee housing mitigation fee of $249, 631.50 prior to the issuance of a building permit. Should the Council choose to approve this amendment, the Community Development recommends the Council makes the following findings: "The Town Council finds: 1. That the amendment is consistent with the applicable elements of the adopted goa/s, objectives and policies outlined in the Vail , Comprehensive Plan and is compatible with the development objectives of the Town, based upon the review outlined in Section Vll of the Staff's March 24, 2008, memorandum to the Plannrng and Environmental Commission; and 2. That the amendment does further the general and specific purposes of the Zoning Regulations, based upon the review outlined in Section VI! of the Staff's March 24, 2008, memorandum to the Planning and Environmental Commission; and 3. That the amendment does promote the health; safety, morals, and general welfare of the Town, and does promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon the review outlined in Section Vll of the Sfaff's March 24, 2008, memorandum to the Planning and Environmental Commission. IV. ATTACHMENTS A. Staff memorandum to PEC dated March 24, 2008, including plans B. Ordinance No. 10, Series of 2008 C. Fee in Lieu Calculation provided by TOV Housing Coordinator D. Applicant's statement regarding employee housing requirement E. PEC March 24, 2008 minutes 3 , ' Attachment A MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 24, 2008 SUBJECT: A request for a final recommendatian to the Vaif Town Council on a major amendment to Special Development District No. 4, Area A, Vail Cascade, pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for an addition to the Vail Cascade Resort and Spa by enclosing portions of two decks, located at 1300 Westhaven Drive/Cascade Village Subdivision, and setting forth details in regard, thereto. (PEC080007) Applicant: L.O. Holding, Inc., represented by JG Johnson Architects Planner: Nicole Peterson 1. SUMMARY The Applicant, L.O. Holding, Inc., represented by JG Johnson Architects, has requested final review by the Planning and Environmental Commission for a major amendment to Special Development District No. 4, Area A, Vail Cascade, to allow for an addition to the Vail Cascade Resort and Spa by enclosing portions of two decks, located at 1300 Westhaven Drive. Staff is recommending approval, with conditions of the major amendment to SDD No. 4, Vail Cascade, as detailed in Section VII of this memo. II. DESCRIPTION OF THE REQUEST , This major amendment request includes two additions (Enclosures of portions of existing decks), expansion of one deck and the addition of a staircase locatied on the south side of the Vail Cascade Resort and Spa building located at 1300 Westhaven Drive (Please see attachment A, vicinity map). The proposed additions will expand the floor area of the existing Chap's Restaurant by 1,405 square feet and the existing library by 486 square feet, for a tota{ of 1,891 square feet of additional enclosed space. In addition, this request includes an expansion of the Chap's Restaurant deck by 183 square feet and the addition of a staircase from the existing deck to the ground level patio and pool (Please see attachment B, plans). A major amendment to SDD No. 4, Vail Cascade, is required pursuant to Section 12-9A-2, Vail Town Code. Specifically, the definitions of Major and Minor Amendment's stated in Section V of this memo. Staff determined that the proposed additions expand the existing building footprint or foundation more than five feet, thus requiring a major amendment to SDD No. 4. 1 III. BACKGROUND Specia! Development District No. 4, Cascade Village, was adopted by Ordinance No. 5, Series of 1976. At least eighteen subsequent amendments occurred from 1977 through the present day. The subject property was a Planned Unit Development under Eagle County Jurisdiction when the property was annexed in 1975. SDD No. 4 includes the following: Area A Cascade Village (Subject site, see vicinity map) Area B Coldstream Condominiums Area C Glen Lyon Primary/Secondary and Single Family Lots Area D Glen Lyon Commercial Site Area E Tract K The entire Cascade Village site is approximately 97.5 acres. Because the property was annexed into the Town of Vail as a Planned Unit Development under Eagle County jurisdiction and early Special Development Districts were not based on an underlying zoning, there is no underlying zoning for Cascade Village. The uses and development standards for the entire property are as outlined in the adopting ordinance for Special Development District No. 4. IV. ROLES OF THE REVIEWING BOARDS Major Amendment to Special Development District (SDD) Order of Review: Generally, applications will be reviewed first by the PEC for impacts of useldevelopment, then by the DRB for compliance of proposed buildings and site ' planning, and final approval by the Town Council. Planninq and Environmental Commission (PEC The PEC shall review the proposal for general compliance pursuant to criteria set forth in Section 12-9A-8: Design Criteria and Necessary Findings. The Planning and Environmental Commission may recommend approval of the petition . or proposal as initiated, may recommend approval with such medications as it deems necessary to accomplish the purpose of this title, or may recommend denial of the petition or rejection of the proposal. Desiqn Review Board: The Design Review Board has no review authority on a Major or Minor Amendment to a Special Development District (SDD), but must review any accompanying Design Review Board application. The Design Review Board therefore will make a recommendation to the Planning and Environmental Commission on any cleviations proposed to the architectural design guidelines prescribed in the Vail Village Master Plan. Town Council: Upon receipt of the report and recommendation of the Planning and Environmental Commission, the Town Council shall set a date for hearing within - the following thirty (30) days~ Within -twenty- (20) days of the elosing of a public 2 , hearing on a proposed SDD, the Town Council shall act on the petition or proposal. The Town Council shall consider but shall not be bound by the recommendation of the Planning and Environmental Commission. The Town Council may cause an ordinance to be introduced to create or amend a special development district. 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 alsa facilitates the review process. V. APPLICABLE PLANNING DOCUMENTS Vail Town Code Section 12-9A: Special Development (SDD) District 12-9A-1: PURPOSE: The purpose of the special development district is to encourage flexibility and creativity in the developmenf of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the fown; to facilifafe 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 goa/s of the community as stated in the Vail comprehensive plan 12-9A-2: DEFINITIONS (in part) Maiar Amendment. Any proposal to change uses; increase gross residential floar area; change fhe number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than minor amendments' as defined in this section). Minar Amendment: Modifications to building plans, si#e or landscape plans that do not alter the basic intent and character of the approved special development district, and are consistent with the design criteria of this article. Minor amendmenfs may include, but not be limited to, variafions of nof more than five feet (5) to approved setbacks and/or building footprints changes to landscape or site plans that do not adversely impact pedestrian or vehicular circulation throughtout the special development district; or changes to gross floor area.. 12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS: Please see section Vll of this memo which states and discusses Section 12-9A-8. 3 12-9A-10: AMENDMENT PROCEDURES (In part): 8. Major Amendments: 1. Requests for major amendments fo an approved special development district shall be reviewed in accordance with the procedures described in section 12-9A-4 of this article. Town of Vail Land Use Plan Chapter 1- Introduction - 1. Purpose of Project (in part): This document is intended to serve as a basis from which future decisions may be made regarding land use within the Valley. The primary focus of the Land Use Plan has been to address the long-term needs and desires of the Town as it matures. Chapter ll - Land Use Plan Goa/s and Policies (in part): The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings held throughout the project. These goa/ statements should be used in the evaluation of any development proposal. 1.0 General Growth/Developmenf 1.1 Vail should continue to grow in a controlled environmenf, maintaining a ba/ance befween residential, commercial and recreational uses to serve both the visitor and the permanenf resident. 9.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The qualify of development should be maintained and upgraded whenever possible. 1.12 Vaii shouid accommodate mosf of the additional growth in existing developed areas (infi!l areas). 3.0 Commercial 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. The subject property land use designation is Resort Accommodations and Services (RAS). The RAS designation is defined by the Land Use Plan as: This area includes activities aimed at accommodating the overnight and short-term visitor to the area. Primary uses include hotels, lodges, service stations, and parking structures. VI. ZONING AND LAND USE Zoning: Special Development District No. 4(no underlying zone district) 4 Land Use Plan Designation: Resort Accommodations and Services (RAS) Cascade Site Area `A': 17.95 acres or 781,902 sq. ft. Area `A' of SDD #4 is used for most all the following development standards and requirements. The `Allowed/Req.' standards, with the exception of setbacks, are taken from Ordinance #31, Series of 2007. Development Standard Allowed/Req. Proposed (20' & 12' additions over existinq decks Setbacks: North (Entrance): 0' * No change South (Gore Creek): 125' * Closest point of addition 113' 50' Watercourse 65'+* East: 0' No change West: 13' * No change Building Height: 71' No change Density (Area A): 270 DU NQ change GRFA (Area A): 289,145 sq. ft. No change Comm. Sq. Ft. (Area A): 35,698 sq. ft. 26,003 sq. ft. (24,598 sq. ft. existing, according to Ord. #31, series of 2007 + 1,405 sq. ft. addition to Chap's) Site Coverage (Area A): 45% -37.3% (297,065.7 sq. ft.) (-246,341 sq. ft. calculated with GIS. Includes proposed addition, Westhaven and Cornerstone) Parking: 381 (Existing uses) 421 existing spaces in + 12 (Addition) Cascade parking structure, 393 according to Ord. #31, series of 2007 Employee Housing: The proposed addition triggers an EHU requirement under Section 12-23 Commercial Linkage. One point 9(1.9) employees are generated by the 1,405 sq. ft. addition (1,405/ 1,000 x 6.75 employees [eating & drinking establishment] x 20% mitigation = 1.90 [1.89675]. The fee-in-lieu payment due is $249,631.50 (1.90 employees x $131,385). * The watercourse setback and existing hotel building setbacks from property line to closest foundation, as measured on Site Plan dated 2/15/08. 5 VII. REVIEW CRITERIA AND FINDINGS Section 12-9A-8, below, outlines the design criteria for Special Development Districts. Staff has responded to each of the criteria as they relate to the proposed additions to Vail Cascade Resort and Spa (Chap's Restaurant and hotel library). 12-9A-8: DESIGN CRITERIA: The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development districf. It shall be the burden of the applicant to demonstrate 'that submittal material and the proposed development plan comply with each of the following standards, or demonsfrate that one or more of them is not applicable, or that a practical solution consistenf with the public interest has been achieved: A. Design compafibility and sensitivify to the immediate environment, neigh6orhood and adjacent properfies relafive to architectural design, sca/e, bulk, building heighf, buffer zones, identity, character, visual integrity and orientation. The additions are minimal (1,405 sq. ft and 486 sq. ft), in scale, to the existing hotel building and the additions match the existing building architecture. Staff believes that the design and character, of the proposed additions, is consistent with the existing building and surrounding buildings and that the additions further the visual integrity of the development. B. Uses, activity and density which provide a compatible, effrcient and workable relationship with surroundinq uses and activity. Staff believes the proposed uses, activities and density continue to provide a compatible, efficient and workable relationship with surrounding uses and activity. The proposed additions are meant to increase the usable function of the existing uses and activities (Chap's Restaurant and hotel library) by providing more indoor space to be utilized throughout the winter. C. Compliance with parking and loading requirements as ouflined in Chapfer 12-10 of the Vail Town Code. The provisions of SDD No. 4, Vail Cascade, state the following with specific reference to Area A: 1. "Off-street parking shall be provided in accordance wifh Chapter 12-10, except that 75% of the required parking in Area A shafl be located within a parking structure or buildings with the exception of Millrace IV, Scenario I, where 66.6% and the Wesfhaven Condominiums, where 71 % of required parking shall be enclosed in a building. 6 The proposed additions generate the need for 12 new parking spaces. The Library addition requires zero new spaces because it is common area in the hotel, which does not require parking under Vail Town Code. The Chap's ' addition generates the need for 12 new spaces at 1 space per 120 sq. ft. of addition (1,405 sq. ft. / 120 sq. ft. = 11.7 or 12). The last adopted revision to SDD #4, Area A was Ordinance #31, Series of 2007. Ordinance #31, Series of 2007, provides the total number of parking spaces required for the uses existing in Area A, at that time, equaling 381 spaces. The Ordinance also provides the amount of existing parking in the Cascade parking structure, totaling 421 spaces. Given that 381 spaces were required with the existing uses, and add the additional 12 spaces required for the Chap's restaurant addition, Staff calculated that 393 spaces are required and 421 spaces are provided in the parking structure. Therefore, the parking need is being met. Furthermore, Staff believes that the proposed commercial additions do not cFeate a parking shortage because today there is less utilized commercial space in Area A then there was when Ordinance #31, Series of 2007 was adopted (i.e. theater and college are no longer used). D. Conformity with the applicable elements of the Vai1 Comprehensive Plan. Staff has reviewed the Town of Vail Land Use Plan and believes the Plan gaals listed below are upheld by the proposed additions. 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environmenf, maintaining a balance between residenfial, commercial and recreational uses to serve both the visitor and the permanenf resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 9.3 The quality of development should be maintained and upgraded whenever possib/e. 1.12 Vail should accommodate most of the additional growfh in existing developed areas (infill areas). 3.0 Commercial 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 7 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, the proposed additions are not located in any geologically sensitive areas or within the 100-year floodplain of Gore Creek or its tributaries. 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 proposed additions do not disturb any natural features or vegetation as they are being constructed on two existing second story decks. Staff believes the proposed additions are consistent with the existing design of the Cascade hotel building and the proposed additions will enhance the aesthetic quality of the building and thus the community. G. A circulation system designed for both vehicies and pedestrians addressing on and off-site traffic circulation. The applicant is proposing improved pedestrian circulation by providing an additional staircase to the patio and pool deck below. The applicant also plans to update and remodel the patio and pool deck area. Staff believes the proposed additions have little to no effect on the vehicle traffic as the additions generate minimal impact in terms of additional tnps. There is currently a valet service for patrons of Chap's restaurant, which will continue to operate. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. No changes to landscaping are proposed through this request. Ftowever, landscaping and patio improvements have been approved by the Design Review Board. 1. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The applicant is proposing to construct the proposed deck enclosures in unison with the approved landscape and patio improvements (DRB 08- 0019 & 08-0020). Pending review and approval by PEC and Town Council, this project is slated to begin this summer. Town improvements to the Gore Creek Trail (Section adjacent to the Cascade Resort) are also scheduled for this summer. 8 VIII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval, with conditions of the proposed amendment to Special Development District No. 4, Cascade Village, pursuant to Article 12-9A, Vail Town Code, to the Vail Town Council. Staff's recommendation is based upon the review of the criteria found in Section VII of this memorandum and the evidence and testimony presented, subject to the following conditions: Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council of this proposed amendment to a Special Development District, the Department of Community Development recommends the Commission pass the following motion: "The Planning and Environmental Commission recommends approval, with conditions, of a major amendment to Special Development District No. 41 Area A, Vail Cascade, pursuant to Article 12-9A, Specia/ Development District, Vail Town Code, to allow for an addition to the Vail Cascade Resort and Spa by enclosing portions of two decks, located at 1300 Westhaven Drive%Cascade Village Subdivision, and setting forth details in regard thereto. (PEC080007)" Should the Planning and Environmentel Commission choose to approve this amendment, the Community Development Department suggests the following conditions: 1. That the Developer receives final review and approval of the proposed development plan by the Town of Vail Design Review Board, prior to making an application for the issuance of a building permit. 2. That fhe Developer pays in full, the employee housing mitigation fee of $249, 631.50 prior to the issuance of a building permit. Should the Planning and Environmental Commission choose to approve this amendment, the Community Development recommends the Commission makes the following findings: "The Planning and Environmental Commission fnds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; based upon the review outlined in Section VII of the Staft's March 24, 2008, memorandum to fhe Planning and Environmental Commission; and 2. That the amendment does further the general and specific purposes of the Zoning Regulations, based upon the review outlined in Section Vll of the Staff's March 24, 2008, rriemorandum to the Planning and Environmenta! Commission; and 9 3. That the amendment does promote the health, safety, morals, and general welfare of tfre Town, and does promote fhe coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upbn the review outlined in Section VII of the Staff's March 24, 2008, memorandum to the Planning and Environmental Commissiorr. IX. ATTACHMENTS A. Vicinity Map B. Project Narrative (By Rick Pylman, Pylman & Associates, Inc.) C. Plans 10 Major Amendment to 5DD #4 - Vail`Cascade Area A Cascade Vllage Subdivision / 1300V11esthaven Drive' r~ v~ ~i~ re. ? 4~ . °.s ~s''~ ;S~ r , r ,•~''rT "s . i 7- . 1"''" n ,._a~ ~ ? ~ ~ 't ~'-F#~~'x~ r ~ ~ . ~ d~ a,, s~ °t "~y' ~ ~~.p`~` Y'' ~ a~y~.w~Tr~~' ~ ~ ~3, ~ 4 +c »,~'rrt (D P ~ ~ ~~w: ~r ~ ~ ~ ~ ~ _ t;. . . SubJect Prnperry; Area A , < ~ ~ 3 r~ . ~~;z' . • ~ ~ r 4 . V , Praposed Rddtions (Deck enclcsuresy ~ ~ I ~i L98tMoGllAed: MerC1110,7008 n~~mawr<na~~e~~.t~.natiaicr,.<nw«~ e~.-,rninaw~wwh~n~wxiawoae~un. ~(y\~ry' A1f10(AA Lvi-xVxSi.a~iTJA~WO~1~I1bInOtilCTl]W IYlAI~ ~'MxM M[~n1.F~T1lhtmtHtlyroMM1E j.7Y_ V./ Attachment B: Project Narrative (By Rick Pylman, Pylman & Associates, Inc.) Intruductian The purpose of this report is to provide information relarive to an applicatian for an amendrnent to Area A of Town of Vait Special Development District # 4, CasGade Village. Specifically, this request is to alIow minar modifications to the existing Cascade Hotel. The application requests approval for an expansion of the existing Chaps restaurant by 1,405 square feet and for an expansion of the comrnan lobby/library area by 486 square feet Both of these expansions wiIl result ia the encloswe of a portion-of the existing patioideck at the rear af the hotel. This expansion requizes a Major SDD Amendment because, in the staff's interpretation, this acdon will result in the extension of the building footprint by more than "'O'feet • Submittal requirements for a farmal Amendment to an SDl7 are set forth in the Town af Vail development regulatiotrs. This application cotnplies with atl of the submittal requirements as outlined in the Town of Vail SDD Application Farm packet Cascade Viilage was approved by the Town of Vail as Special Development Distriet #4 in 1976. The overall SDD consists of 97.955 acres and inciudes four different components identified by areas. Area A, known as Cascade Village, includes the Cascade Hatel and conference facility, the Colorado Mountain Callege buijding, the Airia Athletic Clvb and Spa, and a garking garage to serve all the abave listed uses. The Liftside and NTiilrace residential complexes, two singie family/primary seconda .ry homes and the westhaven Condaminiums site are also wittiin Area A. Area B consists of the 65 unit Coldstream Condaminium eomplex Area C consists of the Glen Lyon neighborhood, which is approved for 104 units in a single familylprimary secondary lot configuration. Area D is the Glen L•yon OfFce Building located alang the South Frantage Road ' on the east edge of the Cascade Village SDD. Cascade Village was originally appraved for 35,698 square feet of commercial space. There is no limitation on comman area for the Cascade Hotel listed in the agproving ordinances. Development Statistics The following information ouflines the development statistics specific ta this groposai and, as appropriate, compares those to the develogment stadstics for Area A of the Cascade Village SDD as outlined in various Town of Vait Qrdinances detailing the develogment rights.of SDD #4. 12 . ~ .~i~»~ `~'1 i~.f 3'._ - ' b1 ~u,.,,wT~r~ x3~+ '~3, ~.:";Rb'/ ~'R;y' ~ ~.a 'CS 3 ~ k i3,. x L S ~ ,~:`s ,._.5.:.~.e~.t~~,~`.~.~.a ,~,'~:r-.... ~,:~~~5.,.. . ~~$Yem:~w•:...x,~.:,~~4~r.~a.n~w..~i'~'~3r~.t~::~~~~.f,~t,.sa'~:.,.'s., ~i..r;~.+-~~,:~:~..«~~~,`.~.5.~.. .::~..7~t'~ ?~.,°4n..:~ra~::;~.,..- .xr ~~„F' .i;- '~t ~3~~ F~r , ~ ~ a t~~~~ d: ,~x. • ~ c? ^ ~ ~'ry? 3. s3 ~ ~ • ~ , ^k ~ `s s ~ ~.-3'~,~.y k ~ ~ r ~ .(3 iab i~qr4~ ;y . ~ - a~. - t' 3 a t i n., 3 CD • ~ ~ } y~ y . ~ a ~ ~ Sub)~ct Praperty Area A z~ & ` < x ry s, ~ J . ~ ~ ' y , . ~~i r 53T' ~ ~ ~ & A5 -l~ kt,~`~ ~ e s" ~ ~^`.r: a ~ . ..i t . tl I I~ . . < ~ . . ; . . . . d[I` ...a ' ` • ' ` Y , y . , . . 5,., " . . ' . Frapased Addtlans {Deck enclosures}: , . ~ . , . . hx " r°k J~S ,F _ s.,.. . . . . . , ~ . - ~ a...: Lost. MaGiled:'MatCh10.'~iDOB 7r.~toY~tl~4aid~ar~lls~na~oaMls.Irbrcn~cmla~+Mh~ren f}v,' ~A/ ' 4'~K MwfLOdvfIMUKtYkISa11MmNNk7 T.7CSAl~' Permitted Uses: AreaA af the Cascade Village SDD, as a mixed use commercial, ladging, recreation and residential area inctudes a Iengthy list of permitted uses. Resta:urant and hotei cammvn area are included as permitted Uses. Density: Units This prvposal does nat increase the unit density af SDD#4. Density - GRFA This proposal does not increase the GRFA density of SDD#4. Density -.Commerciai 5pace This pz-opasal will increase the commercial density of Cascade Village by 1,405 square feet The c,riginal appraval allaws far 35,698 square feet af commercial space in Ca.scade Village. The current m.easureFnent of eommercial spaee in Cascade Village, as maintairied by the Town af Vail, is considez-ably.Iess tZcan this. Setbaclzs The building setbaclcs axe as propased on the develvpment plan and inclnde a ZQ' setback frorn the perimeter of the SDD boundary. This parti€€al deck enclosure does riot create any setback encraachment. Height: This ane stvry restaurant and library expansion is we1l below the existing building heights. Site Coverage: The expansion occurs on existing structural faundatians at a second floor eancrete patio and does not increase site caverage. Landscaping: . This proposal daes not imgact existing landscape areas and will result in no net (ass of land,scape area, , Parking and Ltyading: . 13 The Town of Vail records ag the Cascade Viilage SDD include a Ietter written by Kristan Pritz, Town Pianner, dated .Ma1-ch 3, 1987 that details the parking alloeation for the 421 parking spaces located in the Caseade parking garage. "The parking reductian assoeiated with the recently approved conversion of commereial space to residenkial use at the Cascade ResidenGes resulted in a parking reduetian demand of a total of 43 parking spaces as previously allpcated in the 1987 TOV letter. The Cha.ps restaurant proposal is ta enclosa 1,4()5 square feet of extenior dining patia for use as enclosed res#aurant seating area. Chapter 10 of the Town of VailMunicipal Code details a parking requiarement of one parking sgace per each 120 square feet of seating floor area. Therefore, this canversion of exterxor dininb de.ck to enclosed seating area wzii create, by cade, a demand for an addztional 11.7 parkin.g spaces. We are assnming we must raund this number to 12. It is the intention of this appiicatian to utilize 12 of the 43 parking spaces freed up by the Ca.scade Residences conversion tv aItow for the expansion of the Chaps restaurant This shauld leawe 31 unallocated parking spaces in the Cascade garking garage as a resutt of these two conversion actious. Une hnndred percent of the required parking for the groposed deveiQpment plan is located within an enclosed parking garage. . . Summarv This proposal is well within the intent and goveming regulations of SDD #4 and should be agproved. . 14 ' ,~o~,'~,e. ~,;m°'"~ q._...~ • ~ ~ a~~ ...---=^r: ~ - , , ~ _ -~7~~~'.,..... . ~ ~ ~M • . . i,'`uvu'.srtas7~.- _ ~w-' . ~r'..-" , ~I • t 1 Q ~ 2 ~°__v i..-,r~ , . • / . " ~ I ' orz'+~d~?'~`-' -'~.:~'K' ` ~"4r^'_ , ~ .S . ~ ~ • „a~, . +F . ' f n ~ ~ ~ ~ti cl . •.:r=1'~ . . , ~'n . . ~ .r., ~ - \ or- . . . , ' t~.w. :"4 ~ . ; = ~ y4~ ~ . , ' ~ ~..~'•4•3?Y1C'A-T_..:---. i ~ . a. _ • ' :'_~,~;,y~.~sn,~ - " M k ' ~ ~ ~ / ~ ~ r ~ s' ; , ~ ~ ; / j r- ~s 1.~ ro ' I l~~~ f ~`1 _ ~ ~ S v r~ l _ . t .r Q Go ~ • ~ I~ I•z.. i . : ' ~ b - '~k~' ~ . ~ _ ~ n o ~i ~ ~ I . ~r• ~ i ~ ~j~ - 3.66....~•.'°.'~~~`~ O N Z~ t l N~ IE 1: Cr1 ~ 1 ~ ~ ~ ~sy~, • ~ , Q, ~ / ~ '4 'a~'R1 `+fd'•, a .f';'~,1.~., r»n;. ' i i,F,3'i,~ , ~ ~ ~'~L- i'-"' / i • ~i ~ ~ ~ a'~ N5 i r1,4 I , ~9' ~ ~ ~ i i i 1 ~.~9v+ , ~55.~~ ~ I 34p'a; i I c>sx _r- - ;jrw2s-~ x q . ~ / i ~ ~ Y-~~~, i Al~~ D~j•,±~'a- r _ ~ ._d f f ~ ~ L• ~ 1 - i j ~ ~ . • 1 r ~ .C , ~ 4~ ~~T/ i~ o , i.,;t~, ? I - \.¢u ' ~F'~ ~ r • +5'0 ~ i 4 ~ fo'c. ~ ~ ' c s ~~5 ~ RP, aFADDITIO ; ;~;~,,~f,~~•:: ~ ;';J%sJ. y / ~;a,`h4 ~ ; r. 'j , i /r / •;:~.;'~r:.:'S:' 1 ~ ;~i~. ' i~:~j:.~;~.~i ~ 1 ~ ~ NONTM SITE P~'N ~ . y;. / ..L--~ 7P~8. N'~{ ~ T•ffi'Q 1 ~ t .":'-~i•- , • '3`~~,~ ~ i i . ..:.r ..a,~ ~ PAOiECi 1 7 o5 EHn51uI,Lr~~ . ~-~~p~uEVf.VID . O^ v / ~ N d b a-ca:'_ar=a=_ra='=a=__a'r_a:==a==:a:==II- ~ C a0 . j p ~ Na p r ~ ~ -'-a---A b H Q u10 , o- p d d Q r"o . p u p q U J T A p , j A p p p o~ p A - . p ;o o; p PORTE ~ . . ° I COCHERE ~ ~ ENTRY < - LOBBY ~ ----r-~~-: - ~ CHAPS RESTAURANT LIBRARY : MEETING ROOM i, uc.irear ~ FIRESIDE BAR ~ ° `i@, € ~3 k VxIP'f >YI.6 d+.t~,~ ,t~~~ ? U' ! '~~~'~~,~r~~'~~~~'' ~ ?i';ij;j z: ss roa ; 4u-r o - i: NEW WEST '-NEW WEST DECK ENCLOSURE '-NEW EAST DECK ENCLOSURE DECK EXPANSION (1,405 Sf) (486 SF) (183 SF) ~ erA.v TOTAL AREA OF ADDITION:1,891 SF ~ TOTAL AREA OF ADDITION INCLUDING DECK EXPAN510N: 2,074 SF a.~ PF0.IEGT ~rNOflfH nENTRY LEVEL- OVER,4LL KEY PLAN SXFFI flilE OliV:NH SNfEi xUMIFl1 A-2 ~ vpDlECT 10105 /.aM1FRSo-VCLEUI rs[m41RY,/IRNUf. 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' ~ O o_ ~ MULL ONS ~ N TO TCH EXI ING U J EXTERIOR OFFICE GUESTROOMS ~RIOR Q ARCADE SPACES ARCADE > ~ - ,;1WEST SECTION - ENCLOSED DECK nEAST SECTION - ENCLOSED DECK 1 1 `1a•fa P~latm L IQ.rr p~~m.m ~ ~p y ~ 7 , 7~,~~+a' ; "q+"q•~ is x IIICXITECI 3 'y ! TS t~v~~. u"' f ,@+"~W ~~w~ . ~ 0 y•-! ~ oA~ "IMM eTANr a, O . . . ~i s~ ~ ~ 40'•` to.ut. i rK 3 ' 5~-~z,~~7~ Y.$ ~ ~~ai~2~~g~ j~ s~; ~ x . ~ '6~° ~ t8F[T flflE nWEST DECK ENCLOSURE PERSPECTIVE .tlEEf AUX.Ei A-7 ~ ~ r , ~ . E sk r N ; ~M• ;~s,~l ~~~q ~ a. . ~ ..t; sS ,gw ` L-Li ya - , > co ('r Ar V.( OD W ~ $W C• O ~ ~ W i npN PERSP~C-r i~ J ; ' ' ) 1 I ~ - 1 1 I I I 1 I 1, i I i I ~ ~ i 1 1 ~ r I 1 1 / L I ~ I ~ 1 ~ 1 i c'" ' ~ i ~ • ~ j~ ; ~ ; i ; ~ ~ ' ; I i ~ 1 1 BT.UR ~ A. i SourHC vr.rd, L~EV a`aM _ A71pN `t DEMp 1 j ~MFFT Attachment B ORDINANCE NO. 10 SERIES OF 2008 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 31, SERIES OF 2007, CASCADE VILLAGE, AMENDING AND RE-ESTABLISHING THE APPROVED DEVELOPMENT PLAN FOR AREA A OF SDD NO. 4, IN ACCORDANCE WITH SECTION 12-9A-10 AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR THE CONSTRUCTION OF TWO ADDITIONS (DECK ENCLOSURES) TO THE SOUTH SIDE OF VAIL CASCADE HOTEL, LOCATED AT 1300 WESTHAVEN DRIVE/CASCADE VILLAGE SUBDIVISION; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously appFOVed development plans for Special Development Districts; and WHEREAS, the purpose of this ordinance is to amend and re-establish Ordinance No. 31, Series of 2007, to amend the Development Plan for Development Area A, specifically the "Cascade Hotel and Chaps Restaurant", to allow for the construction of the proposed additions (deck enclosures); and WHEREAS, the proposed major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Vail Comprehensive Plan; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning & Environmental Commission held a public hearing on the major amendment application and has submitted its recommendation of approval to the Vail Town Council; and ' WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties; and , 1 Ordinance No. 10, Series of 2008 WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to amend the Development Plan for Special Development District No. 4, Cascade Village Development Area A. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Purpose of the Ordinance Ordinance No. 31, Series of 2007, is hereby repealed and re-enacted by Ordinance No. 10, Series of 2008. Section 2. Amendment Procedures Fulfilled, Planning Commission Report. . The approval procedures described in Section 12-9A of the Vail Town Code have been fulfilled, and the Town Council has received the recommendations of the Planning and Environmental Commission for an amendment to the Development Plan for Special Development District No. 4, Area A. Section 3. Special Development District No. 4 Special Development District No. 4 and the development plans for all sites, hereby remain approved for the development of Special Development District No. 4 within the Town of Vail, unless they have otherwise expired. Section 4. Special Development District No. 4, Cascade Village shall read as follows: Purpose 2 Ordinance No. 10, Series of 2008 Special Development District No. 4 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 and recreational amenities, and promote the objectives of the Vail Comprehensive Plan. Special Development District No. 4 is created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission, and . because there are significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. Definitions For the purposes of this chapter, the following definitions shall apply: A. "Special attraction" shall be defined as a museum, seminar or research center or performing arts theater or cultural center. B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit located in a multi-family dwelling that is managed as a short term rental in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The kitchen shall be designed so that it may be locked and separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or balconies without passing through another accommodation unit, dwelling unit, or a 3 Ordinance No. 10, Series of 2008 transient residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as set forth in Section 13-7 Condominiums and Condominium Conversions, Subdivision Regulations. The unit shall not be used as a permanent residence. Fractional fee ownership shall not be allowed to be applied to transient dwelling units. For the purposes of determining allowable density per acre, transient residential dwelling units shall be counted as one half of a dwelling unit. The transient residential dwelling unit parking requirement, shall be 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA with a maximum of 1.0 space per unit. Established A. Special Development District No. 4 is established for the development on a parcel of land comprising 97.955 acres and Special Development District No. 4 and tfie 97.955 acres may be referred to as "SDD No. 4." B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Development Area Acreage Cascade Village A 17.955 Coldstream Condominiums B 4.000 Glen Lyon Primary/Secondary and Single Family Lots C 9.100 Glen Lyon Commercial Site D 1.800 Tract K E 8.322 Dedicated Open Space 32.078 Roads 4.700 TOTAL 97.955 Development Plan--Required--Approval Procedure 4 Ordinance No. 10, Series of 2008 Each development area with the ezception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Tawn Counci{. The Waterford and Cornerstone sites shall be allowed one development plan each. Devefopment Area D shall be alVowed to develop per the approved phasing plans as approved by the Town Council. A development plan for Development Area E shall be established through the review and approval of a design review application and/or conditional use permit application. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply with Section 12-9A, Vail Town Code. Permitted Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in Section 12-713- 3, (Commercial Core 1), Vail Town Code, except for in the CMC building, where office and educational uses shall be permitted on the first floor. The "first floor" or "street IeveP" shall be defined as tfiat floor of the building that is located at grade or street level; 2. All other floor levels besides first floor street level may include retail, theater, restaurant, educational, and office except that no professional or business office shall be located on street level or first floor, with the exception noted above, unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 925 square feet located on the first floor on the northwest corner of the Plaza Conference Center building; 3. Lodge; 4. Multi-family dwelling; 5 OrdinancQ No. 10, Series of 2008 5. Single Family dwelling; ' 6. Primary/Secondary dwelling; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section 12-13 of the Municipal Code; 9. Cascade Club addition of a lap pool or gymnasium. B. Area B, Coldstream Condominiums 1. Two-family dwelling; 2. Multi-family dwelling. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Single family dwelling; 2. Two-family dwelling. 3. Type II Employee Housing Unit (EHU) per Chapter 12-13, of the Municipal Code. D. Area D. Glen Lyon Commercial Site 1. Business and professional offices; 2. Employee dwelling as defined in Section 12-13 vf the Municipal Code. E. Area E, Tcact K 1. Bicycle and pedestrian paths. 2. Interpretive nature walks. 3. Nature preserves. 4. Passive outdoor recreatian areas and open spaces. 6 Ordinance No. 10, Series of 2008 Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of the Town of Vail Zoning Regulations. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Special attraction; 3. Ski lifts; 4. Public Park and recreational facilities; 5. Major arcades with no frontage on any public way, street, walkway or mall area. 6. Transportation Business. 7. Temporary Use of the Tennis Facility for Conferences and Conventions B. Area B, Coldstream Condominiums 1. Public Park and recreational facilities; 2. Ski lifts. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Public park and recreational facilities; 2. Ski lifts; D. Area D, Glen Lyon Commercial Site 1. Micro-brewery as defined in Town of Vail Municipal code, Chapter 12-2. 7 Ordinance No. 10, Series of 2008 E. Area E, Tract K 1. Public parks. 2. Public utility and public service uses. 3. Access roads. 4. Ski lifts and tows. 5. Ski trails. 6. Snowmaking facilities. 7. Other uses customarily incidental and accessory to permitted and conditional uses and necessary for the operation thereof, with the exception of buildings. • 8 Ordinance No. 10, Series of 2008 Accessory Uses A. Area A. Cascade Village 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. B. Area B, Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to 9 Ordinance No. 10, Series of 2008 permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Area D, Glen Lyon Commercial Site 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, . tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Minor arcade. Location of Business Activity A. All offices, businesses, and shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. B. The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. Density--Dwelling Units 10 Ordinance No. 10, Series of 2008 The number of dwelling units shall not exceed the following: A. Area A, Cascade Village ' In Area A, a minimum of three hundred fifty-two (352) accommodation or transient dwelling units and a maximum of one hundred one (101) dwelling units for a total density of two hundred seventy (270) dwelling units. B. Area B, Coldstream Condominiums Sixty-five (65) dwelling units C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots One-hundred four (104) dwelling units. D. Area D, Glen Lyon Commercial Site Three dwelling units, two of which shall be employee dwelling units as defined within Chapter 12-13, Vail Town Code. Density--Floor Area A. Area A, Cascade ViIlage The gross residential floor area (GRFA) for all buildings shall not exceed 289,145 square feet. B. Area B, Coldstream Condominiums Sixty-five thousand square feet (65,00.0 sq. ft.) GRFA. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots GRFA shall be calculated for each lot per Section 12-6D-8 (Density Control) for the Primary/Secondary district of the Vail Town Code. D. Area D, Glen Lyon Commercial Site 11 Ordinance No. 10, Series of 2008 The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Commercial Square Footage A. Area A, Cascade Village Area A shall not exceed 35,698 square feet of commercial area. B. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. A. CasGade , , Cammprnial Ci4n ('`I..IADT ~1• Are~+ A r~mnle4orl D~i+iisrfc ' v, . . . _ . . - o.,...oii Square 8R-Sit2 NH6 91~s GR~~A E9FHRi2F6i2! Fn RafkmRQ PaFk 'Rs r,eu i,~,~~nrc i 46 2$080 29 9:88 0411 1 RAC€-11 4-4 V-534 2-5 9:98 Rau i o~~~r~ ni 6 19-459 4-9 4.W (GQSGRIF=F)'- 12 Ordinance No. 10, Series of 2008 -Re:a:'a squaFe or,-s;te Aas BUs &R€a sewaersial -€eet Ra#;ag - ;g aAl€ST-IN 448 55;457 999 4-1-5 484--Sea#s Cate 74 S;0;44; Lime Shop Pe~i-~er#s 2-,94 , Vaume 988 6AAG W III DiA~ GnqGade 3PAng 5,87-8 8:89 ~6 Glanr.Y`s ~fi99 9 9B a-3-3 TMeateF 4,220 28 Goilege GlassFeems A:98 48 ~ffiGe 9:99 4 473n 949 44,5 - - s T-ERRACFm R96Ri6 429 58,9669 9.Q9 ~ Retapi 29 . . . . . oi^e+ R89FR6 2$ ~8J 9:W ~ 13 Ordinance No. 10, Series of 2008 Retail ~ggg o 4 I ii: .FkAZAal • 9,88 35 ~eatere~se Retail 925 8-89 3 . ~ SASSA9€-~ 300 9:06 ~ Retail 2-52 &89 3-a Raf-8Resiaaraat 929 8:88 3 OffiseinGAAS SAIpllnem Cei#eF 9,08 9€€se-ia-Cl-,h 420 4-4 6~€iS1B€ ONATERFORD) 27- ~ Uflits 27- 47-g00 69 X9TA6S CasGade-Gklb~ Iei u e sre...e. 4599 ~2~ Rlaza 9~se-= ~ ~ 14 Ordinance No. 10, Series of 2008 2RA-al' 76 DU 23e,689 24,5e9 4-19 aaa:e fia~es 7 C,~ RE=ni n Eg pARKINo AR1 O ~ S2[l Q LD 17 501 AAivor! Use'~o~i+ ' ZQ'I 'I ---z ZQ1 1 \A/ith 17 5Ol mivcrl ucn_cro44 - ' 15 Ordinance No. 10, Series of 2008 TABLE 1: AREA A PARKING REQUIRMENT & DEVELOPMENT STATISTICS This tab/e is a compilation of information from `Charf 1' and `Chart 2' in Ordinance No 31, Series of 2007 and the best availab/e information found at the time including floor plans and Staff memorandums. ilse~~~, ~~`,'~':"a~ ~AccommoafaSom wellrng ~ GAF.q~ , ~ ~ Commerc~al~ , ~ - Parkrng eyurrement~ »n~ ~,.~~°~a, Millrace I 16 20,000 20 (on-site*) Millrace ll 14 17,534 25 (on-site*) Millrace lll 3 6,450 7(on-site") Millrace !V 6 10,450 19 (on-site*) Westin Hofel 148 55,457 115 Chap's Restaurent 4,735 39 Hotel Cafe 2,160 18 Pepi Sports 2,491 8 Fireside Bar 1,800 15 Cascade Residences 11 13 (on-site') Blue Tiger 1,600 13 Terrace Rooms 120 58,069 105 Terrace Retail 5,856 20 Plaza Rooms 20 7,205 16 Plaza Retail 2,024 7 Plaza Conference . 35 Liffside (Waterfoid) 29 47,500 56 Liftside EHU's 2 1,100 2 Fitness Club 5,886 30 (We//ness Center) Total Parking Requiremenf 550 - Multiple use credit (12.5%) (550 x_125 = 69) - 69 = 481 - Total On-site' = 84 spaces - 84 = 397 - Spaces provided in parking structure= 421 - 421 24 Total extra spaces 24 ' On-site means the parking is provided within the building or near the use and NOT provided in fhe parking structure. 16 Ordinance No. 10, Series of 2008 Development Plans Site specific development plans are approved for Area A and Area D. The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and other developers. The development plans for Area D are comprised of those plans submitted by the Glen Lyon Office Building, a Colorado Partnership. The following documents comprise the development plan for the SDD as a whole, Waterford, Cornerstone, Cascade Club Addition Scenario 1 and 2, Millrace IV, and Area D-Glen Lyon Commercial Site and is not all inclusive: 1. Waterford, Sheet #L-2, dated 11-12-92, Landscape Plan, Dennis Anderson. 2. Waterford, Sheet #1.1, dated 11-13-92, Site/Grading Plan Gwathmey, Pratt, Schultz. 3. Waterford, Sheet #2.1, dated 11-13-92, Plan Level 38/43' 3", Gwathmey, Pratt, Schultz. 4. WaterFord, Sheet #2.2, dated 11-13-92, Plan Level 48'-6"/53'-0", Gwathmey, Pratt, Schultz. 5. Waterford, Sheet #2.3, dated 11-13-92 Plan Level 59'-0:/64'-3" by Gwathmey, Pratt, Schultz. 6. Waterford, Sheet #2.4, dated 11-4-92, Plan Level 69'-6"/74'-9", Gwathmey, Pratt, Schultz. 7. Waterford, Sheet #2.5, dated 11-13-92, Plan Level 80'-0"/85'-3" Gwathmey, Pratt, Schultz. 8. Waterford, Sheet #2.6, dated 11-13-92, Plan Level 90'-6" Gwathmey, Pratt, Schultz. 9. Waterford, Sheet #2.7, dated 11-13-92, Plan Level 101'-0" Gwathmey, Pratt, Schultz. 10. Waterford, Sheet #2.8, dated 11-13-92, Plan Level 111'-6" Gwathmey, Pratt, Schultz. 11. Waterford, Sheet #2.9, dated 11-13-92, Plan Level 122'-0" Gwathmey, Pratt, Schultz. 12. Waterford, Sheet #2.10, dated 12-14-92, Roof Plan All Levels Gwathmey, Pratt, 17 Ordinance No. 10, Series of 2008 Schultz. 13. Waterford, Sheet #3.1, dated 11-13-92, Elevations Gwathmey, Pratt, Schultz. 14. Waterford, Sheet #3.2, dated 11-13-92, Elevations, Gwathmey, Pratt, Schultz. 15. Waterford, Sheet #4.1, dated 11-4-92, Sections Gwathmey, Pratt, Schultz. 16. Waterford, Sheet #4.2, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 17. Waterford, Sheet #4.3, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 18. Waterford, Sheet #9.1, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 19. Waterford, Sheet #9.2, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 20. Waterford, Sheet #9.3, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 21. Waterford, Sheet #9.4, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 22. WaterFord, Sheet #9.5, dated 10-20-02, Unit Plans Gwathmey, Pratt, Schultz. 23. Cascade Club Addition Site Plan, Roma, 10/10/88. 24. Cascade Club Floor Plan, Roma, 10/10/88. 25. Millrace III, Sheet #1, dated 5/6/93, Site Plan, Steven James Riden. 26. Millrace III, Sheet #2, dated 4/13/93, Floor Plans for Single Family Residence, Steven James Riden. 27. Millrace III, Sheet #3, dated 5/6/93, Elevations for Single Family Residence, Steven James Riden. • 28. Millrace III, Sheets #4 and #5, dated 3/20/93, Floor Plans for Duplex Building, Steven James Riden. 29. Millrace III, Sheets #6 and #7, dated 5/6/93, Elevations for Duplex Building, Steven James Riden. 30. Millrace III, Sheet L1, dated 5/6/93, Site/Landscape Plan, Steven James Riden. 31. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt, 10/28/91. 32. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Elevations Arnold Gwathmey Pratt, 10/22/91. 33. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Floor Plans Arnold Gwathmey Pratt, 10/23/91. 34. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Landscape Plan, Dennis Anderson 18 Ordinance No. 10, Series of 2008 Associates. 35. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10/31/91 stamped. 36. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner, 6/8/87. 37. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88. 38. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., revised 11/22/88. 39. Topographic Map, Inter-Mountain Engineering, Ltd, 12/1/94 40. Improvement Location Certificate, Eagle Valley Surveying, Inc., 3/2/92 41. The Approved Development Plan for Area A, Westhaven Condominiums, containing the following Sheets: wg. # itle uthor ate -1.0 itle Sheet orter Architects 03-15-05 -l.l icinity Map orter Architects 01-31-05 -1.2 RFA Summary orter Architects 03-15-05 -1.3 Spring Equinox Sun Shading orter Architects 01-31-05 -1.4 Summer Solstice Sun Shading orter Architects 01-31-05 -1.5 all Equinox Sun Shading orter Architects O 1-31-OS -1.6 inter Solstice Sun Shading orter Architects 01-31-05 -1.7 Site Plan orter Architects 03-15-05 C001 Cover Sheet lpine Engineering 03-14-05 C002 rading Plan (West Halfl Ipine Engineering 03-14-05 C003 rading Plan (East Half) lpine Engineering 03-14-05 C004 Storm Drainage Plan lpine Engineering 03-14-05 C005 Grading and Drainage Details lpine Engineering 03-14-05 C006 tility Plan Ipine Engineering 03-14-05 C007 tility Details lpine Engineering 03-14-05 C008 emolition Plan lpine Engineering 03-14-05 -1 andscape Plan ennis Anderson Assoc. 03-15-05 19 Ordinance No. 10, Series of 2008 -2 andscape Plan - Cascade Club ennis Anderson Assoc. 03-15-05 2.0 arking Level Plan orter Architects 3-15-05 .1 irst Floor Plan orter Architects 03-15-05 .2 Second Level Plan orter Architects 03-15-05 .3 hird Level Plan orter Architects 03-15-05 .4 ourth Level Plan orter Architects 03-15-05 .5 oof Plan orter Architects 03-15-05 3.1 uilding A Elevations orter Architects 03-15-05 32 uilding B Elevations orter Architects 03-15-05 4.0 uilding Sections orter Architects 02-14-05 4.1 uilding Sections orter Architects 02-14-05 4.2 uilding Sections . orter Architects 02-14-05 42. Approved Development Plan for Area A, Cascade Residences, containing the following sheets: wg. # itle . uthor ate -220 Second Floor Plan RKD Architects 01-28-07 -230 hird Floor Plan RKD Architects 01-28-07 -2.40 ourth Floor Plan RKD Architects 01-28-07 -2.50 ifth Floor Plan RKD Architects 01-28-07 -3.10 ast and North Building Elevations RKD Architects 1-28-07 -3.20 est and South Building Elevations RKD Architects 1-28-07 * A maximum of 1000 sq. ft. of common area, in addition to the approved plans, may be added to the Waterford project to allow for compliance witH the Uniform Building Code, Uniform Fire Code and American Disabilities Act. The staff shall review all such additions to ensure that they are required by such codes. 43. Approved Development Plans for Area A, Cascade Hotel, including 2 additions (deck enc/osures) to the soufh side of the Hotel, specifically Chap's Restaurant and Hotel Library, containing the following sheets: 20 Ordinance No. 10, Series of 2008 Dwg. # Title uthor Date -1 Site Plan G Johnson 03126108 Architects -2 Enfry Level - Overall Key Plan G Johnson 03126108 Architects -3 Enclosed West Deck Upper Level G Johnson 03126108 Architects -4 Enclosed East Deck G Johnson 03126108 Architects -5 ddifion Roof Plans G Johnson 03126108 Architects -6 ddition Elevations G Johnson 03126108 Architects -7 Sections and Perspecfive G Johnson 03126108 Architects -8 Perspective and Elevation G Johnson 03126108 Architects Area C, Glen Lyon Primary/Secondary and Single Family Lots 1. Building Envelopes for Lots 39-1 and 39-2 per sheet, L-1, prepared by Design Workshop, Inc., dated 11-9-98. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Development Standards The development standards set out herein are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SDD No. 4. They are minimum development standards and shall apply unless more restrictive standards are incorporated in the approved development plan which is adopted by the Town Council. Setbacks A. Area A, Cascade Village 21 Ordinance No. 10, Series of 2008 Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property (Area A) of not less than twenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking structure/athletic club building shall be two feet as approved on February 8, 1982, by the Planning and Environmental Commission, and with the exception that the setback requirement of a portion of the Westhaven Condominiums building, as indicated on the approved development plans referenced in this ordinance, shall be 14 feet. All buildings shall maintain a 50 foot stream setback from Gore Creek. The WaterFord building shall maintain a minimum 20 foot setback from the north edge of the recreational path along Gore Creek. B. Area B, Coldstream Condominiums Required setbacks shall be as indicated on the development plan. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots Required setbacks shall be governed by Section 12-6D-7 of the Primary/Secondary zone district of the Vail Town Code. For single-family Lots 39-1 and 39-2, development shall occur per the approved building envelopes and is subject to the following: All future development will be restricted to the area within the building envelopes. The only development permitted outside the building envelopes shall be landscaping, driveways (access bridge) 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 (2) the distance between the building envelope and the property line, or may project not more than five feet (6) nor more than one-fourth (3) the minimum required dimension between buildings. D. Area D. Glen Lyon Commercial Site Required setbacks shall be as indicated on the approved development plans. Height A. For the purposes of SDD No. 4 calculations of height, height shall mean the 22 Ordinance No. 10, Series of 2008 ciistance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of a sloping roof unless otherwise specified in approved development plan drawings.: B. Area A, Cascade Village 1. The maximum height for the Westin Hotel, CMC Learning Center, Terrace Wing, Plaza Conference Building and Cascade Parking Structure/Athletic Club is 71 feet. 2. Cornerstone Building: Maximum height of 71 feet. 3. WaterFord Building: Maximum height of feet as measured from finished grade to any portion of the roof along the north elevation shall be 55' (South Frontage Road), 56' along the west elevation Westhaven Drive, and 65 feet along the south and east elevation as measured from finished grade. 4. Westhaven Building: A maximum of 55 feet. 5. Millrace III: A maximum of 36 feet. 6. Millrace IV: A maximum of 36 feet. 7. Cascade Club Addition: A maximum of 26 feet. 8. Cascade Entry Tower: A maximum of 36 feet. 9. The remainder of buildings in Area A shall have a maximum height of 48 - feet. C. Area B. Coldstream Condominiums The maximum height shall be 48 feet. D. Area C. Glen Lyon Primary/Secondary and Single-Family Lots The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or mansard roof. E. Area D. Glen Lyon Commercial Site 51 % of the roof shall have a height befinreen 32 and 40 feet. 49% of the roof area shall have a height under 32 feet. On the perimeter of the building for Area D, height is measured from finished grade up to any point of the roof. On the interior area of any building, height is measured from existing grade up to the highest point of the roof. 23 Ordinance No. 10, Series of 2008 - Development plan drawings shall constitute the height aHowances for Area D. 24 Ordinance No. 10, Series of 2008 Site Coverage Area A: Not more than 45% of the total site area may be covered by buildings unless otherwise indicated on the site specific development plans. Area B: No more than 35% of the total site area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or educational center, 45% of the area may be covered unless otherwise indicated on the site specific development plans. Area C: No more than 25% of the total site area shall be covered by buildings, unless the more restrictive standards of Chapter 12-21 of the Vail Municipal Code apply. Area D: No more than 37% of the total site area shall be covered by buildings and the parking structure. Landscaping At least the following percentages of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate. Areas A and B, fifty percent (50%), and in Areas C and D, sixty percent (60%), of the area shall be landscaped unless otherwise indicated on the site specific development plans. Parking and Loading A. Area A, Cascade Village 1. Off-street parking shall be provided in accordance with Chapter 12-10, Vail Town Code, except that 75% of the required parking in Area A shall be located within a parking structure or buildings with the exception of Millrace IV, Scenario I, where 66.6% and the Westhaven Condominiums, where 71 % of required parking shall be enclosed in a building. 2. There shall be a total of 421 spaces in the main Cascade Club parking structure. A 17.5 percent mixed-use credit per the Town of Vail parking code, has been applied to the total number of required parking spaces in the Cascade 25 Ordinance No. 10, Series of 2008 structure. 3. There shall be a total of 58 on-site parking spaces on the Waterford building site with a minimum of 75% of the required space located below grade. No mixed use credit shall be applied to this site. 4. There shall be a minimum of 93 enclosed parking spaces located within the Cornerstone building with 37 of the required spaces available to the public for short-term parking. No mixed use credit has been applied to this lot. 5. The third floor of the Cascade parking structure shall not be used to meet any parking requirements for accommodation units, transient residential dwelling units, employee dwelling units or dwelling units. 6. Phasing: All required parking for Cornerstone and Waterford shall be located on their respective sites. All required parking for the Cascade Club Wellness Center Addition Scenario 1 shall be provided in the Cascade parking structure. 7. Seventy-five percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm for Millrace III. 8. All loading and delivery shall be located within buildings or as approved in the development plan. B. Area B. Coldstream Condominiums Fifty percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots Off-street parking shall be provided in accordance with Chapter 12-10 of the Municipal Code. 26 Ordinance No. 10, Series of 2008 D. Area D, Glen Lyon Commercial Site 1. Once the parking structure is constructed, the parking and access to Area D shall be managed per the TDA Parking Report, Parking Management Section, pages 6 and 7, August 10, 1988, and TDA Report, Vail Brewery Parking Analysis Update, dated January 16, 1990, both written by Mr. David Leahy. 2. No loading or delivery of goods shall be allowed on the public right-of-way along the South Frontage Road adjacent to the Area D development. 3. The owner of the property and brewery management shall prohibit semi-truck and trailer truck traffic to the Glen Lyon Commercial site. The only truck loading that shall be allowed to the site shall be vans having a maximum length of 22 feet. Recreation Amenities Tax Assessed The recreational amenities tax due for the development within SDD No. 4 under Chapter 3.20 shall be assessed at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and at a rate not to exceed seventy-five cents per square foot of floor area in Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. Conservation and Pollution Controls A. The developer's drainage plan shall include a provision for prevention of pollution from surface runoff. B. The developer shall include in the building construction, energy and water conservation controls as general technology exists at the time of construction. C. The number of fireplaces permitted shall be as set forth in the Town of Vail Municipal as amended. D. If fireplaces are provided within the development, they must be heat efficient through the use of glass enclosures and heat circulating devices as technology exists at the time of development. 27 Ordinance No. 10, Series of 2008 E. All water features within Development Area A shall have overflow storm drains per the recommendation of the Environmental Impact Report by Jamar Associates on Page 34. F. All parking structures shall have pollution control devices to prevent oil and dirt from draining into Gore Creek. G. In Area D, a manhole on the brewery service line shall be provided so that the Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength. H. In Area D, the brewery management shall not operate the brewery process during temperature inversions. It shall be the brewery owner's responsibility to monitor inversions. 1. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. J. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A and D. K. The two employee dwelling units in Area D shall only be allowed to have gas fireplaces that meet the Town of Vail ordinances governing fireplaces. Additional Amenities and Approval Agreements for Special Development District No. 4. A. The developer shall provide or work with the Town to provide adequate private transportation services to the owners and guests so as to transport them from the development to the Village Core area and Lionshead area as outlined in the approved development plan. B. Area A, Cascade Village 1. The developer of the Westhaven Condominiums building shall construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect with the recreational path to Donovan Park, as indicated on the approved development plans referenced in this ordinance. The walk shall be constructed 28 Ordinance No. 10, Series of 2008 when a building permit is requested for the Westhaven Condominiums. The sidewalk shall be part of the building permit plans. The sidewalk shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the Westhaven Condominiums. 2. The developer shall provide 100-year floodplain information for the area adjacent to the Waterford and Cornerstone buildings to the Town of Vail Community Development Department before building permits are released for either project. 3. Cornerstone The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. C. Area D, Glen Lyon Commercial Site. The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Employee Housing The development of SDD No. 4 will have impacts on available employee housing within the Upper Eagle Valley area. In order to help meet this additional employee housing need, the developer(s) of Areas A and D shall provide employee housing. In Area D, the above referenced employee housing requirement shall be provided on site: For the Westhaven Condominiums site, the employee housing requirement shall be met as set forth in Condition 3 herein. The developer(s) of Area A shall build a minimum of 3 employee dwelling units within the Cornerstone Building and 2 within the Liftside (Waterford Building). Each employee unit in the Cornerstone Building shall have a minimum square footage of 600 square feet. There shall be a total of 2 employee dwelling units in the Waterford Building. One shall be a minimum of 300 square feet and the other a minimum of 800 square feet. The developer of the Westhaven Condominuims building shall provide 4,400 square feet of employee housing pursuant 29 Ordinance No. 10, Series of 2008 to the terms of an agreement reached with the Town of Vail as described in Condition 3. The developer of Area D shall build 2 employee dwelling units in the Area D east building per the approved plan for the East Building. In Area D one employee dwelling unit shall have a minimum GRFA of 795 square feet and the second employee dwelling unit shall have a minimum GRFA of 900 square feet. The GRFA and number of employee units shall not be counted toward allowable density or GRFA for SDD No. 4. All Employee Housing Units shall be deed restricted per Chapter 12.13, as amended, of the Vail Town Code prior to issuance of building permits for the respective project. In Area C, Lots 39-1 and 39-2, shall be required to provide a Type II, Employee Housing Unit (EHU) per Chapter 12-13 of the Zoning Regulations of at least 500 sq. ft. each, on each lot. These lots shall not be entitled to the 500 sq. ft. of additional GRFA. The 500 sq. ft. shall be included in the allowable GRFA on these lots. Each lot shall also be entitled to 300 sq. ft. of garage area credit for the employee housing unit, in addition to the 600 sq. ft. garage area credit allowed per residence. The driveway width of 12 is allowed to remain (no increase in driveway width is required) for all allowed/required dwelling units and employee housing units on these lots. . Time Requirements SDDNo. 4 shall be governed by the procedures outlined in Section 12-9A of the Town of Vail Municipal Code, unless such time requirement is amended herein. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, Clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 30 Ordinance No. 10, Series of 2008 Section 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. AII bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of October, 2007, and a public hearing for second reading of this Ordinance set for the 6th day of November, 2007, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Mayor ATTEST: Lorelei Donaldson, Town Clerk 31 Ordinance No. 10, Series of 2008 INTRODUCED, READ, ADOFTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 6th day of November, 2007. Mayor ATTEST: Lorelei Donaldson, Town Clerk 32 Ordinance No. 10, Series of 2008 ATTACHMENT C: Fee in Lieu Calculation Chaps at Vail Cascade Resort & Spa Expansion Net New Commercial Sq Ft for 1,405 A. Commercial Increase = Commercial Linkage Increase in commercial sq ft = 1, 405 sq ft increase Commercial Linkage requirement = 20% of net new employees generated 1,405 sq ft/ 1,000 x 6.75 employees (eating & drinking establishment) x 20% mitigation = 1.90 (1.89675) employees $o be provided deed restricted employee housing B. Mitigation for Commercial Linkage Fee-in-Lieu Provide a fee-in-lieu payment to the Town of Vail of 1.90 employees x $131,385 = $249,631.50 The fee-in-lieu payment must be received prior to or at the time of building permit issuance. 4 . Attachment D DESTINATION HOTFLS 5c RESOR'IS 1U333EastDry'CreekRoad.suitr450,Englcwood,Colorado8011? reL13031799-3530 raa(3031799-6011 7 April 2008 Nicole Peterson Planner II Town of Vail Community Development Department 75 South Frontage Road Vail, CO 81657 RE: Vail Cascades Resort and Spa Deck Enclosure EHU Fee 1300 Westhaven Drive Vail, CO 81657 Dear Ms. Peterson: Destination Hotels & Resorts and Vail Cascade Resort & Spa respectFully ask the Town of Vail to wave the EHU Fee for the expansion of our Chaps Restaurant. The decision to pursue expanding Chaps was made to reduce our staff at the hotel not increase it. We live with the difficult local employee market each day. As such we work to closely manage staffing while keeping the property's guest service standards high. The proposed Chaps expansion is designed to reduce labor that supports remote group food service in the Conference Center. Vail Cascade's overall guest makeup is 60% group and 40% leisure. The majority of our groups are between 20 and 50 participants. Most groups request daily continental breakfast and full lunch service. The current Chaps seats 80 and is designed for a la carte service for lunch/dinner and limited buffet at breakfast. The customer makeup of Chaps is 99% Vail Cascade Resort and Cascade Village condo guest. The restaurant seldom fills completely except during the Christmas/New Year's period. Chaps Average Covers Per Jan-Mar `07 Apr-Jun 107 Jul-Sep `07 Oct-Dec 107 Hour Breakfast 5 hours 31 14 16 17 Lunch 3 hours 21 10 13 10 Dinner 4 hours 27 12 14 15 The proposed expansion does not affect the basic tenet of the restaurant, Chaps clientele will always be the hotel's guests due to its remote location and that guest base is finite. It is a hotel guest amenity. . A distinc6ve experience provided by Destination Hotels & Resorts ASPEN•AUSTIN•CHARL£STON•CHICAGO•DAILAS•OAYTONA BEACH SHORESDENVER•FLORHAM P.4RK•HOU57'ON4ACKSON HOLE•L4 JOLWLAKE 7.1HOE•M.4L1 PALM SPRI7:GS•PHO[NIX•PORTLAND•ROSLYN•SAN DIEG0•SNOWM.455 VILLAGE•SLNRIVER•TARRYTON'N•TLLLURID[•TL•AIPE•VAIL• WASHINGTOh DC Deck Enclosure EHU Fee Waiver Request Vail Cascade Resort and Spa 7 April 2008 Currently most groups are served food in the Conference Center which is at the opposite side of the property from the kitchen (see attachment "A"). On a typical day a conference staff of three sets up and decorates tables in the conference center. This takes about an hour per serving area (each group usually has its own area). The food and beverage department prepares food in the main kitchen next to Chaps. It is loaded on carts and pushed through the property to the warming kitchen in the conference center. At the same time as the tables are being set up the F&6 staff of three sets out chafing dishes, plates, silverware and other serving equipment on the tables. This takes about an hour per area. At breakfast and lunch the food is quickly set out and monitored by the F&B staff in each area during the service period (about an hour). When finished the process is repeated in reverse utilizing the same staff and taking about half the time. In the meantime, the staff at Chaps are of course serving other guests at the same time. By adding the expansion's 50 to 60 additional seats and installing new permanent built-in buffet stations in the restaurant where the Chef's Table is now, Chaps will be able to comfortably handle multiple groups at one time for breakfast and more importantly lunch. This will allow direct employee service of the new built-in buffet service stations from the kitchen with efficient staffing. The expansion will also allow separation of larger groups from others allowing them to have lunch time meeting programs. By not having to set up, stock and monitor remote food serving areas we will be able to eliminate a minimum of two F&B full time employees while utilizing the existing Chaps staff to serve the extra guests through the labor saving use of buffets. There would be more employee reductions but there will still be a need to set up and monitor minimal services for groups such as coffee and soft drinks. We appreciate your time in taking this matter under consideration. If you have any questions or comments do not hesitate to reach me either at 303.268.4610 or rburcham(adestinationhotels.com. Sincerely, Rick Burcham Project Manager . Destination Hotels & Resorts L-O Vail Hotel, Inc. cc: Gregg Pate Rick Pylman Keith Bartlett Jim Pavisha • w/enclosure Page 2 of 2 _ e o~ CO `'L~~ • W p ~f e W ~ ~ r aaaaaasaaa - I in ~S I ~ ~~3r's~~4'•~6M, •~;~'3 ;s, - m~ ~ P~7 ~7 E~ A61 t~ ~I " N~. •e'3 4 { ~ ~ ~ ~ 'W' " ai m~1E21 I ~„~~~;~,~~r~.•~~~~"s~~l~~'{ 1$i "n~~" ~ Il t 11 f'1 uW n~ m i "=f~lt i i [ ~ Ao1.oz , ATTACHMENT E: MINUTES PLANNING AND ENVIRONMENTAL COMMISSION March 24, 2008 TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 Commission Training, lunch was be served 12:30pm MEMBERS PRESENT MEMBERS ABSENT Rollie Kjesbo Anne Gunion Michael Kurz Bill Pierce Scott Proper Susie Tjossem David Viele 2. A request for a final recommendation to the Vail Town Council on a major amendment to Special Development District No. 4, Area A, Vail Cascade, pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for an addition to the Vail Cascade Resort and Spa by enclosing portions of two decks, located at 1300 Westhaven Drive/Cascade Village Subdivision, and setting forth details in regard thereto. (PEC080007) Applicant: L.O. Holding, Inc., represented by JG Johnson Architects Planner: Nicole Peterson ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Viele VOTE: 6-0-0 CONDITION(S): 3. That the Developer receives final review and approval of the proposed development plan by the Town of Vail Design Review Board, prior to making an application for the issuance of a building permit. 4. That the Developer meet the Commercial Linkage requirement set forth in Section 12-23, Vail Town Code. Nicole Peterson presented an overview of the proposal and the Staff memorandum. There was no public comment. Commissioner Viele disclosed his firm reviewed a similar construction project with the applicant, but is not under contract for any work and does not have a conflict of interest. He noted the substantial cost of the employee housing fees being assessed for this minimal addition. Commissioner Proper had no comment. Commissioner Kjesbo clarified that the employee housing fees were associated with a restaurant. He agreed with Commissioner Viele that the fees are very high for restaurant uses, and will likely discourage future restaurants. Commissioner Kurz had no comment. 4 Commissioner Tjossem noted her concern regarding the amount of the employee housing fee. Commissioner Pierce noted his concerns about the amount of employee housing fee, especially when evaluated on a per square foot basis. Rick Burcham, of Destination Resorts, stated that they are preparing a request for a waiver from the employee housing fees. Bill Gibson noted that pursuant to Chapter 12-23, Commercial Linkage, Vail Town Code, a deviation to the required employee housing mitigation rates is possible. Commissioner Kjesbo made a motion to approve with an amended condition from Staff's recommended condition that originally stated, "That the Developer pays in full, the employee housing mitigation fee of $249, 631. 50 prior to the issuance of a building permit." The condition was changed to, "That the Developer meet the Commercial Linkage requirement set forth in Section 12-23, Vail Town Code." . 5