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HomeMy WebLinkAbout2009-04-21 Agenda and Support Documentation Town Council Evening Session VAIL TOWN COUNCIL EVENING SESSION AGENDA 7 m *Vk" VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., APRIL 21, 2009 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. Public comments on work session item may be solicited by the Town Council 1. ITEM/TOPIC: Citizen Participation. (15 min.) 2. ITEM/TOPIC: Town Manager's Report. (5 min.) PRESENTER(S): Stan Zemler 3. ITEM/TOPIC: PEC/DRB Update. (15 min.) PRESENTER(S): Warren Campbell 4. ITEM/TOPIC: Information Update. (15 min.) PRESENTER(S): Pam Brandmeyer 5. ITEM/TOPIC: Matters from Mayor & Council. (15 min.) 6. ITEM/TOPIC: First reading of Ordinance No.7, Series 2009, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, and amending Special Development District No. 39, Crossroads, and setting forth details in regard thereto. The applicant may request a tabling to the May 19, 2009, Town Council public hearing. (30 min.) PRESENTER(S): Warren Campbell & Mauriello Planning Group ACTION REQUESTED OF COUNCIL: Approve, modify, or deny Ordinance No. 7, Series of 2009, on first reading. BACKGROUND: On March 9, 2009, the Town of Vail Planning and Environmental Commission held a public hearing on a request for a major amendment to Special Development District No. 39, Crossroads. The purpose of the major amendment is to increase the maximum allowable number of dwelling units from 77 to 78 dwelling units. Upon review of the request, the Planning and Environmental Commission voted 6-1-0 (Pierce opposed) to forward a recommendation of approval of the request to the Vail Town Council. 4/2l/2009 On March 17, 2009, the Vail Town Council tabled the first reading of Ordinance No. 7, Series of 2009, at the applicant's request to the April 21, 2009, public hearing. STAFF RECOMMENDATION: Staff recommends that the Vail Town Council approves Ordinance No. 7, Series of 2009, on first reading. Staff does not suport another tabling of this application. 7. ITEM/TOPIC: First reading of Ordinance No. 8, Series of 2009, An Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, Heavy Equipment Fund and Debt Service Fund of the 2009 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) PRESENTER(S): Kathleen Halloran ACTION REQUESTED OF COUNCIL: Approve or approve with amendments the first reading of Ordinance No. 8, Series of 2009. BACKGROUND: To be provided in a separate memo. STAFF RECOMMENDATION: Staff recommends that the Town Council approves or approves with amendments Ordinance No. 8, Series of 2009, upon first reading. 8. ITEM/TOPIC: Ordinance No. 9, Series of 2009, an Ordinance Amending Title 1, Administration, Vail Town Code by the Addition if a New Section, "Restitution Orders" to Chapter 4, General Penalty; and Setting Forth Details in Regard Thereto. (10 min. ) PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 9, Series of 2008, on second reading. BACKGROUND: The Vail Municipal Court requires the ability to impose restitution in criminal actions where a defendant has been adjudged guilty for violating an ordinance of the Town for any actual damage or loss caused by the offense or infraction for which the conviction or judgment of liability was had. The victim of a crime are entitled to be compensated for their losses and hereby finds that it is in the best interest of the citizens of the Town to revise the Town Code by amending Title 1 with the addition of a new subsection, "Restitution Orders" to Chapter 4, General Penalty. STAFF RECOMMENDATION: Approve, approve with modifications, or deny Ordinance No. 9, Series of 2008, on second reading 9. ITEM/TOPIC: Review of the proposed South Frontage Road Relocation Application (Ever Vail). (30 min.) PRESENTER(S): Greg Hall, Tom Kassmel 4/2l/2009 ACTION REQUESTED OF COUNCIL: Endorse, Endorse with Modifications or Reject the proposed preliminary plans and design drawings for the proposed relocation of the South Frontage Road., adjacent to the proposed Ever Vail development in anticipation of submitting an application to the Colorado Department of Transportation (CDOT) for review. BACKGROUND: Vail Resorts Development Company (VRDC) is proposing to realign the South Frontage Road. adjacent and parallel to I-70 to enable the development of Ever Vail. As this road is owned and operated by the Federal Highway Administration (FHWA) via CDOT, the relocation must be approved by CDOT/FHWA. The Town has reviewed the preliminary road relocation plans and believes VRDC is at a point in which CDOT comments are critical. According to adopted CDOT application policies and procedures, the relocation application must be submitted by the Town of Vail as the local government agency. All costs associated with the application and its review shall be reimbursed to the Town of Vail or paid directly by VRDC. STAFF RECOMMENDATION: Endorse the South Frontage Road relocation application submittal with the understanding that this endorsement is not an approval of a development plan to construct the road and is only an acknowledgment of preliminary acceptance of the design drawings. An endorsement of the application will allow town staff to submit the preliminary design drawings of the proposed South Frontage Rd., adjacent to the proposed Ever Vail development, to the Colorado Department of Transportation (CDOT). 10. ITEM/TOPIC: Resolution No. 10, Series 2009, a resolution approving an Intergovernmental Agreement (an "IGA") between the Town of Vail, Colorado and the Colorado Department of Transportation ("CDOT") regarding the design of the relocation of the Vail Interstate 70 Frontage Road from Milepost 174 to Milepost 176 as part of what is referred to as the "Ever Vail" project; and Setting Forth Details in Regard Thereto. (10 min. ) PRESENTER(S): Matt Mire Greg Hall ACTION REQUESTED OF COUNCIL: Approve the IGA, and authorize the Town Manager to sign and enter into the IGA with CDOT. BACKGROUND: As part of the Ever Vail project the Town of Vail (the "Town") and CDOT will consider an initial design for the relocation of the Vail I-70 Frontage Road from Milepost 174 to Milepost 176 referred to as the "Ever Vail" project. CDOT has estimated the total cost of the design review services they will to be performed by CDOT pursuant to the IGA will be $20,000.00. The Vail Resorts Development Company ("VR") will reimburse the Town the full cost of any and all CDOT design review services provided. STAFF RECOMMENDATION: Approve the IGA, and authorize the Town Manager to sign and enter into the IGA with CDOT in a form approved by the Town Attorney. 11. ITEM/TOPIC: Adjournment. (8:25 p.m.) 4/2l/2009 . ~ VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 21, 2009 ITEM/TOPIC: Town Manager's Report. PRESENTER(S): Stan Zemler 4/2l/2009 . ~ VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 21, 2009 ITEM/TOPIC: PEC/DRB Update. PRESENTER(S): Warren Campbell ATTAC H M E NTS : DRB Meeting Results April 15, 2009 PEC Meeting Results April 13, 2009 4/2l/2009 DESIGN REVIEW BOARD AGENDA ~ PUBLIC MEETING ~ ' April 15, 2009 , Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 PROJECT ORIENTATION 2:00pm M EM BERS PRESENT M EM BERS ABSENT Tom DuBois Mike Dantas Pete Dunning Brian Gillette Libby Plante SITE VISITS 2:30pm Pinos del Norte, 600 Vail Valley Drive Winfield Residence, 2635 Larkspur Lane PUBLIC HEARING - TOWN COUNCIL CHAMBERS 3:00pm 1. Ritz-Carlton Residences DRB090058 / 5 minutes Rachel Final review of a sign (display box) 288 Bridge Street/Lots E& F, Block 5A, Vail Village Filing 1 Applicant: Kevin Roth ACTION: Tabled to May 6, 2009 MOTION: DuBois SECOND: Gillette VOTE: 4-0-0 2. Pinos Del Norte DRB090039 / 15 minutes Nicole Conceptual review of a minor exterior alteration (entry addition and ski lockers) 600 Vail Valley Drive/Tract A, Vail Village Filing 7 Applicant: Pinos Del Norte, represented by Fritzlen Pierce Architects ACTION: Conceptual, no vote 3. Winfield Residence DRB090069 / 15 minutes Nicole Conceptual review of a minor exterior alteration (add stucco and stone) 2635 Larkspur Lane/Lot 2, Block 2, Vail Intermountain Applicant: Craig and Kathleen Winfield ACTION: Conceptual, no vote 4. Golf Course Irrigation Pump House DRB090059 / 5 minutes Bill Final review of new construction (irrigation pump house) 2450 South Frontage Road East/Unplatted Applicant: Vail Recreation District ACTION: Approved MOTION: Plante SECOND: DuBois VOTE: 4-0-0 Page 1 4/2l/2009 3-1-1 STAFF APPROVALS Plzak Residence DRB0090057 Rachel Final review of changes to approved plans (extension of previous approval) 740 Sandy Lane, Unit A/Lot 4, Vail Potato Patch Filing 2 Applicant: Jeff Erickson Spring Hill Lane LLC Residence DRB090063 Warren Final review of changes to approved plans (entry) 1498 Spring Hill Lane/Lot 16, Block 3, Vail Valley Filing 1 Applicant: Timothy Zarlengo Golden Residence DRB090064 Warren Final review of a minor exterior alteration (re-rooo 1403 Moraine Drive/Lot 24, Dauphinais-Moseley Filing 1 Applicant: Diane Golden The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing Impaired, for information. Page 2 4/2l/2009 3 -1-2 PLANNING AND ENVIRONMENTAL COMMISSION - April 13, 2009 ,1:OOpm ~CJ~V~' OF YAIICOUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Rollie Kjesbo Bill Pierce David Viele departed at 4:30 Sarah Robinson-Paladino Scott Lindall Susie Tjossem Michael Kurz Swearing in by Loreli Donaldson Training - Matt Mire, Town Attorney 45 minutes Site Visits: 1. Vail Row Houses - 303 Gore Creek Drive 2. Pinos del Norte - 600 Vail Valley Drive 3. Golf Course Pump House - 1980 South Frontage Road East 45 minutes 1. A request for a final recommendation to the Vail Town Council for the establishment of a new special development district, pursuant to Article 12-9A, Special Development (SDD) District, Vail Town Code, located at 303 Gore Creek Drive, Units 7 through 14 (Vail Rowhouses)/Lots 7 through 13, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC080074) Applicant: Christopher Galvin, represented by K.H. Webb Architects Planner: Bill Gibson ACTION: Recommendation of approval MOTION: Viele SECOND: Kurz VOTE: 5-0-0 Bill Gibson gave a presentation per the staff memorandum recommending denial of the proposed special development district. He highlighted changes made to the application since previous public hearings. Dominic Mauriello, of the Mauriello Planning Group, representing the applicant, gave a power point presentation detailing the history of the development and the requests contained within the Special Development District application. Jim Lamont, Vail Homeowners Association, provided greater insight on the history of the site. He believed that the Vail Row Houses were a part of the original Vail filing and that these structures were some of the first structures built in Vail. He added that in 1974 the overhaul to the Zoning Code was the result to the impacts seen by the constructed Mountain Haus. He continued, by suggesting that the creation of a new zone district was more appropriate for these townhouse style structures. He further discussed the height of structures in the neighborhood. He concluded by stating that if an SDD is applied to this development, then serious consideration needs to be given to its application to Vail Trails East and West and the Texas Townhomes. Connie Knight, resident of the Vorlaufer, said did not see a need for a special development district and that the benefit of encouraging redevelopment is not really a benefit. She noted that most of the units have recently remodeled, and this SDD will only help the redevelop one lot. Pa e 1 4/2l/2Y )09 3-2-1 She expressed concern that the proposed additional floor area will be built on the Gore Creek side of the buildings. She is against developing two feet from the new property line along the park. She said the Inclusionary zoning change will only result in additional fee-in-lieu money, and not in actual new employee housing. She also noted that the applicant's comparison to the Willows was not appropriate since the Willows projects was a complete tear down. Dominic Mauriello spoke again and noted that the proposed SDD will create a comprehensive plan for the HOA as a whole. Commissioner Kurz asked about creating another zone district versus a special development district. Bill Gibson responded that creating a new zone district was discussed with the applicants. He noted that from an applicant's perspective, creating a new zone district would involve the coordination of many more property owners, would require addressing many issues that may only relate to one the many similar non-conforming properties (i.e. Vail Rowhouses, Vail Trails East and West, Texas Townhomes, etc.) which would likely involve a more complicated and lengthy review process. For the applicant, the same outcomes could be achieved through the SDD process. Dominic Mauriello noted that a blanket rezoning of these similar properties would be difficult given the unique non-conformities of each development site. Commissioner Tjossem noted her support for the proposed SDD. Commissioner Lindall asked Dominic Mauriello to clarify the GRFA cap proposed for Lot 13. Dominic Mauriello clarified that at previous work session the Commission noted concern about the potential bulk and mass for Lot 13 being out of character with the other units given its larger lot size. Therefore, the applicant is proposing to cap the allowable GRFA for this one lot at a rate lower than what is proposed for the other lots. Commissioner Viele noted that the Town should apply similar floor area ratios to this project as it has to other recent projects in the village such as the Willows. He also noted that the applicant's proposal to dedicate land to Roger Staub Park is a significant public benefit. Commissioner Kjesbo stated his support for the application. He described the difficulties in maintaining one-half the existing floor area to maintain the units grandfathered status from his past experience remodeling some of the Vail Rowhouse units. He noted that many of the units could be converted into single units by removing the existing second kitchens, which he believes are sometimes maintained solely to give the owners a second "250 Addition". By allowing the additional floor area without requiring the second kitchen, the lots could become single units and could therefore comply with their required parking space numbers. He recommended that lots that don't remove their second unit could pay-in-lieu for the additional required parking spaces. He noted that site coverage and building height limits will control the bulk and mass on these properties more than GRFA limits. He does not oppose to the GRFA increases. He also noted his support for an SDD rather than creating a new zone district due to the unique circumstances affecting each of the neighboring properties. In making his motion, Commissioner Viele made the additional finding that this application is consistent with the precedents set for redevelopment in the village by the Willows SDD. Pa e 2 4/2l/2~09 3-2-2 45 minutes 2. A request for a final recommendation to the Vail Town Council for prescribed regulations amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to establish regulations for building wrap signs within the Town of Vail, and setting forth details in regard thereto. (PEC090006) Applicant: Vail Valley Foundation Planner: Rachel Friede ACTION: Recommendation of approval (failed) MOTION: Viele SECOND: Tjossem VOTE: 2-3-0 (Kurz, Kjesbo, and Lindall opposed) Rachel Friede gave a presentation per the staff inemorandum recommending denial of the proposed text amendments. Scott Bluhm, representing the Vail Valley Foundation, asked the Commission to consider that the signs would only be permitted on building under construction and not on completed buildings. Commissioners Lindall, Kurz, and Kjesbo were not in support of the project as it was off-site advertising with an inappropriate scale. Commissioners Viele and Tjossem supported the proposal because of visual interest on buildings which are not attractive during construction. Commissioner Tjossem provided Park City as a good example of where these types of signs have been used to add vitality for special events. 5 minutes 3. A request for a final review of a variance from 12-6D-6, Setbacks and 12-6D-9, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition within the front setback located at 1838 Sierra Trail/Lot 15, Vail Village West Filing 1. (PEC090008) Applicant: John Brennan, represented by LKSM Design, P.C. Planner: Bill Gibson ACTION: Tabled to April 27, 2009 MOTION: Kurz SECOND: Viele VOTE: 5-0-0 There was no discussion of this item. 30 minutes 4. A request for a recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 2, Northwoods, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for a lobby addition and locker reconfiguration; located at 600 Vail Valley Drive (Pinos Del Norte, Building C)/Part of Tract B, Vail Village Filing 7, and setting forth details in regard thereto. (PEC090009) Applicant: Pinos Del Norte, represented by Fritzlen Pierce Architects Planner: Nicole Peterson ACTION: Recommendation of approval with condition(s) MOTION: Kurz SECOND: Tjossem VOTE: 4-0-1 (Kjesbo recused) CONDITION(S): 1. The applicant shall submit revised development plans that illustrate the proposed ski storage lockers setback a minimum of 5 feet from the west property line, prior to the final review of the development plans by the Town of Vail Design Review Board. 2. The applicant shall receive final review and approval of the location of the proposed lockers within the utility easement along the west property line, by the utility companies, prior to the final review of the development plans by the Town of Vail Design Review Board. Pa e 3 4/2l/2~09 3-2-3 3. The applicant shall receive final review and approval of a sign permit for any proposed sign, by the Town of Vail Design Review Board, prior to installation of any signs on the property. 4. The applicant shall receive final review and approval of the proposed development plan, by the Town of Vail Design Review Board, prior to application of a building permit. Commissioner Kjesbo recused as his company will be performing the work being proposed if approved. Nicole Peterson gave a presentation per the staff inemorandum. Jen McKelvie, from Fritzlen Pierce Architects, stated that the applicant agrees with the Staff memo, except for condition No. 1, which stated, "The applicant shall submit revised development plans that illustrate the proposed ski storage lockers setback a minimum of 5 feet from the west property line, prior to the final review of the development plans by the Town of Vail Design Review Board." Commissioner Lindall asked why the applicant would not move the lockers to the 5 foot setback. Jen McKelvie, from Fritzlen Pierce Architects, stated that the existing lockers are actually 4.5 feet from the property line. Patrick Pinnett, of NEDBO Construction, representing the applicant stated that the HOA would like to hold gatherings on the patio, which requires more space, which is why the proposal is for an additional 2 foot encroachment into the setback and easement on the west side. He also explained that the existing water line, that is cause for the easement, is quite far from the 10 foot easement, and that the water line is being moved farther away, through current improvements. Commissioner Viele asked if Staff would reconsider, and allow the encroachment, due to the water-line being moved. Warren Campbell stated that Staff believes the proposed lockers should not encroach farther than the existing lockers. Commissioner Viele stated that he did not support condition No. 1 and that a two foot setback was adequate. Commissioners Kurz and Tjossem expressed there support for the project. 5 minutes 5. A request for a final review of a conditional use permit, pursuant to Section 12-813-3, Conditional Uses, Vail Town Code, to allow for the construction of an accessory building (irrigation pump house) at the Vail Golf Course, located at 1980 South Frontage Road East/Unplatted, and setting forth details in regard thereto. (PEC090010). Applicant: Vail Recreation District Planner: Bill Gibson ACTION: Approved with condition(s) MOTION: Viele SECOND: Tjossem VOTE: 5-0-0 CONDITION(S): 1. The approval of this conditional use permit is contingent upon the applicant obtaining approval of the design review application associated with this proposal. Pa e 4 4/2l/2~09 3-2-4 Bill Gibson gave a presentation per the staff inemorandum. There was no applicant presentation or public input. The Commissioners expressed their support for the application. 60 minutes 6. A request for a work session to discuss the adoption of amendments to the Vail Transportation Master Plan, and setting forth details in regard thereto. (PEC090005) Applicant: Town of Vail, represented by Tom Kassmel Planner: Bill Gibson ACTION: Tabled to April 27, 2009 MOTION: Kurz SECOND: Lindall VOTE: 4-0-0 Warren Campbell informed the Commission that today staff was requesting a work session and that the Public Works Department would be leading the discussion. Greg Hall and Tom Kassmel of the Public Works Department and Chris Fasching gave a presentation addressing the Commissioner's questions and concerns from the previous work session. Commissioner Kurz asked questions related to transit service. Commissioner Viele asked questions related to existing and future development impact fees. Commissioner Tjossem asked questions related to the potential widening of the frontage roads. Commissioner Viele departed at 4:30 pm. Commissioner Kjesbo asked questions related to increasing the use of the I-70 interchange in East Vail. 5 minutes 7. A request for a final review of a preliminary plan for a major subdivision, pursuant to Chapter 13- 3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West right-of-way/U n platted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080062) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to June 8, 2009 MOTION: Kurz SECOND: Tjossem VOTE: 4-0-0 5 minutes 8. A request for final review of conditional use permits, pursuant to Section 12-71-5, Conditional Uses: Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to allow for the development of a public or private parking lot (parking structure); a vehicle maintenance, service, repair, storage, and fueling facility; a ski lift and tow (gondola), within "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West rig ht-of-way/U nplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080063) Pa e 5 4/2l/2~09 3-2-5 Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to June 8, 2009 MOTION: Kurz SECOND: Tjossem VOTE: 4-0-0 5 minutes 9. A request for a final review of major exterior alterations, pursuant to Section 12-71-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the area known as "Ever Vail" (West Lionshead), with multiple mixed-use structures including but not limited to, multiple-family dwelling units, fractional fee units, accommodation units, employee housing units, office, and commercial/retail uses, located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West rig ht-of-way/U nplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080064) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to June 8, 2009 MOTION: Kurz SECOND: Tjossem VOTE: 4-0-0 5 minutes 10. A request for a final recommendation to the Vail Town Council for prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12- 10-19, Core Areas Identified, Vail Town Code, to amend the core area parking maps to include "Ever Vail" (West Lionshead) within the "Commercial Core" designation, and setting forth details in regard thereto. (PEC080065) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to June 8, 2009 MOTION: Kurz SECOND: Tjossem VOTE: 4-0-0 5 minutes 11. A request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to 12-3-7, Amendments, Vail Town Code, to allow for a rezoning of properties from Arterial Business District and unzoned South Frontage Road West right-of-way which is not zoned to Lionshead Mixed Use-2, properties known as "Ever Vail" (West Lionshead), located at 953 and 1031 South Frontage Road West and South Frontage Road West right-of-way, (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080061) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to June 8, 2009 MOTION: Kurz SECOND: Tjossem VOTE: 4-0-0 5 minutes 12. A request for a work session to discuss the prescribed regulations amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to allow for housekeeping, clarification and policy shifts for signage within the Town of Vail, and setting forth details in regard thereto. (PEC090007) Applicant: Town of Vail Planner: Rachel Friede ACTION: Withdrawn Pa e 6 4/2l/2~09 3-2-6 13. Approval of March 23, 2009 minutes MOTION: Tjossem SECOND: Kurz VOTE: 3-0-1 (Lindall recused) 14. Information Update 15. Adjournment MOTION: Kurz SECOND: Tjossem VOTE: 4-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published April 10, 2009, in the Vail Daily. Pa e 7 4/2l/2~09 3-2-7 . ~ VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 21, 2009 ITEM/TOPIC: Information Update. PRESENTER(S): Pam Brandmeyer 4/2l/2009 . ~ VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 21, 2009 ITEM/TOPIC: Matters from Mayor & Council. 4/2l/2009 . ~ VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 21, 2009 ITEM/TOPIC: First reading of Ordinance No.7, Series 2009, an ordinance repealing and re- enacting Ordinance No. 5, Series of 2006, and amending Special Development District No. 39, Crossroads, and setting forth details in regard thereto. The applicant may request a tabling to the May 19, 2009, Town Council public hearing. PRESENTER(S): Warren Campbell & Mauriello Planning Group ACTION REQUESTED OF COUNCIL: Approve, modify, or deny Ordinance No. 7, Series of 2009, on first reading. BACKGROUND: On March 9, 2009, the Town of Vail Planning and Environmental Commission held a public hearing on a request for a major amendment to Special Development District No. 39, Crossroads. The purpose of the major amendment is to increase the maximum allowable number of dwelling units from 77 to 78 dwelling units. Upon review of the request, the Planning and Environmental Commission voted 6-1-0 (Pierce opposed) to forward a recommendation of approval of the request to the Vail Town Council. On March 17, 2009, the Vail Town Council tabled the first reading of Ordinance No. 7, Series of 2009, at the applicant's request to the April 21, 2009, public hearing. STAFF RECOMMENDATION: Staff recommends that the Vail Town Council approves Ordinance No. 7, Series of 2009, on first reading. Staff does not suport another tabling of this application. ATTAC H M E NTS : Town Council Memorandum Ordinance No. 7, Series of 2009 Draft PEC memorandum March 9, 2009 Solaris Document Detailing the Major Amendment Reduced Set of Solaris Floor Plans 4/2l/2009 MEMORANDUM TO: Town Council FROM: Community Development Department DATE: April 21, 2009 SUBJECT: First reading of Ordinance No. 7, Series of 2009, an ordinance repealing and re- enacting Ordinance No. 5, Series of 2006, establishing Special Development District No. 39, Crossroads, and setting forth details in regard thereto. Applicant: Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell 1. DESCRIPTION OF THE REQUEST The applicant, Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC, is requesting a first reading of Ordinance No. 7, Series of 2009, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, amending Special Development District No. 39, Crossroads, to increase the permitted number of dwelling units from 77 to 78 units. Staff has attached a copy of the draft Ordinance No. 7, Series of 2009, (Attachment A) and the staff inemorandum to the Planning and Environmental Commission dated March 9, 2009 (Attachment B). II. BACKGROUND On March 9, 2009, the Planning and Environmental Commission forwarded a recommendation of approval on the adoption of Ordinance No. 7, Series of 2009, by a vote of 6-1-0 (Pierce opposed). On March 17, 2009, the Vail Town Council tabled the first reading of Ordinance No. 7, Series of 2009, at the applicant's request to the April 21, 2009, public hearing. III. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION The Planning and Environmental Commission recommends the Town Council approves, on first reading, Ordinance No. 7, Series of 2009, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, establishing Special Development District No. 39, Crossroads, to increase the permitted number of dwelling units from 77 to 78 units, and setting forth details in regard thereto. Should the Town Council choose to approve these amendments, the Community Development Department recommends the Town Council pass the following motion: "The Town Council approves, on first reading, Ordinance No. 9, Series of 2009, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, 1 4/2l/2009 6-1-1 establishing Special Development District No. 39, Crossroads, to increase the permitted number of dwelling units from 77 to 78 units, and setting forth details in regard thereto. " Should the Town Council choose to approve Ordinance No. 7, Series of 2009, on first reading, the Community Development Department recommends the Town Council makes the following findings: "That the proposal to amend Special Development District No. 39, Crossroads, complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code. Furthermore, the applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Commission finds that the request is consistent with the development goa/s and objectives of the Town. That the proposed gross residential floor area of 174.4% of lot area, additional thirty-one dwelling units over allowable (at 29.5 units per acre total) in the Commercial Service Center zone district is in conformance with applicable elements of the Vail Comprehensive Master Plan. That the development is in compliance with the purposes of the Commercial Service Center zone district, that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Vail Land Use Plan, and the Vail Streetscape Master Plan, and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. " IV. ATTACHMENTS A. Ordinance No. 7, Series of 2009 B. Memorandum to the Planning and Environmental Commission dated March 9, 2009 2 4/2l/2009 6-1-2 ORDINANCE NO. 7 Series of 2009 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 5, SERIES OF 2006, ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 39, CROSSROADS, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING TITLE, TOWN CODE OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Title 12, Zoning Title, Chapter 9, Article A, Special Development (SDD) District, Town Code of Vail establishes a procedure for amending special development districts; and WHEREAS, Crossroads East One, LLC and Crossroads West One, LLC, has submitted an application to the Town of Vail Community Development Department to amend Special Development District No. 39, Crossroads, to facilitate the redevelopment of an existing mixed use development; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on March 9, 2009, on the application to amend Special Development District No. 39, Crossroads, in accordance with the provisions of the Town Code of Vail; and WHEREAS, upon due consideration, the Planning and Environmental Commission of the Town of Vail found that the request complies with the design criteria prescribed in the Title 12, Zoning Regulations, Vail Town Code, and furthers the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has forwarded a recommendation of approval with conditions, by a vote of 6-1-0 of this request for a major amendment to increase the maximum number of dwelling units from 77 to 78 for Special Development District No. 39, Crossroads, to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the request to amend Special Development District No. 39, Crossroads, complies with the design criteria prescribed in the Title 12, Zoning Title, Town Code of Vail; and provides a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt Ordinance No. 7, Series of 2009, which repeals and re-enacts Ordinance No. 5, Series of 2006, which established Special Development District No. 39, Crossroads, in the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. District Established Special Development District No. 39, Crossroads, is established for development on two parcels of land, legally described as Lot P and A Part of Tract C, Block 5D, Vail Village Filing 1, which comprise a total of 115,129 square feet (2.643 acres) in the Vail Village area of the Town of Vail. Said parcels may be referred to as "SDD No. 39". Special Development Ordinance No. 7, Series 2009 1 4/2l/2009 6-2-1 District No. 39 shall be reflected as such on the Official Zoning Map of the Town of Vail. The underlying zoning for Special Development District No. 39, Crossroads, shall be Commercial Service Center (CSC) District. Section 2. Special Development District No. 39, Crossroads, Approved Development Plan An approved development plan is the principal document in guiding the development, uses and activities of a special development district. The Vail Town Council finds that the Approved Development Plan for Special Development District No. 39, Crossroads, complies with each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Town Code of Vail. The Approved Development Plan for Special Development District No. 39, Crossroads, shall be comprised of materials submitted in accordance with Section 12-9A-5 of the Town Code of Vail and those plans prepared by Barnes Coy Architects and Davis Partnership Architects, entitled "Solaris", dated January 15, 2007, and stamped approved April 3, 2007 and amended pages dated February 27, 2009, and stamped approved April 21, 2009. Section 3. Development Standards In conjunction with the Approved Development Plan described in Section 2 herein, the following development standards are hereby approved by the Vail Town Council. These standards are incorporated in the Approved Development Plan to protect the integrity of the development of Special Development District No. 39, Crossroads. The development standards for Special Development District No. 39, Crossroads, are described below: 1. A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and accessory uses allowed in Special Development District No. 39, Crossroads, shall be those uses listed in Title 12, Chapter 7, Article E, Commercial Service Center zone district, Town Code of Vail, as may be amended from time to time. The approval of SDD No. 39 shall restrict the uses upon the plaza level tenant spaces to "retail/restauranY' uses solely and shall not be utilized for "professional offices, business offices, and studios" uses, as defined in Title 12. A professional office intended for real estate sales may be allowed on the plaza level of the building for a period of two years following the date of the issuance of a temporary certificate of occupancy or a final certificate of occupancy to allow for the sales of the on- site dwelling units and leasing of commercial spaces. No space noted as retail/restaurant space on the Approved Development Plan shall be converted to a dwelling unit. B. Lot Area: The minimum lot area for Special Development District No. 39, Crossroads, shall be 115,129 square feet (2.643 acres). C. Setbacks: The minimum setbacks for Special Development District No. 39, Crossroads, shall be as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. D. Height: The maximum allowable building height for Special Development District No. 39, Crossroads shall be ninety-nine and nine tenths feet (99.9'), and as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. Ordinance No. 7, Series 2009 2 4/2l/2009 6-2-2 E. Density Control: The maximum allowable Gross Residential Floor Area (GRFA) for Special Development District No. 39, Crossroads, shall be 200,858 square feet and the maximum allowable density shall be seventy- eight (78) dwelling units, and five (5) attached accommodation units, as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. F. Site Coverage: The maximum allowable site coverage shall be ninety-three and six tenths percent (93.6%) or 107,772 square feet of the total lot area, and as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. G. Landscaping and Site Development: At least twenty percent (20%) of the total site shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen (15) feet with a minimum area of not less than three hundred (300) square feet. The landscaping and site development shall be as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. H. Parking and Loading: Off street parking and loading shall be provided in accordance with title 12-10 of the Vail Town Code. At least one-half (1/2) of the required parking shall be located within the main building or buildings. The minimum number of loading and delivery bays shall be five (5), as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. Section 4. Conditions of Approval The following conditions of approval shall become part of the Town's approval of the establishment of Special Development District No. 39, Crossroads: The Developer shall address the following conditions of approval prior to appearing before the Vail Town Council for second reading of an adopting ordinance for the establishment of Special Development District No. 39, Crossroads: 1. The Developer shall prepare an amended written agreement, for Town Council review and approval, outlining the responsibilities and requirements of the required offsite improvements, as indicated on the proposed Approved Development Plan. This agreement shall include, but not be limited to, all streetscape improvements along Village Center Road and East Meadow Drive, public access to the plaza for pedestrians and Town sponsored events, which may include the establishment of an easement on the plaza and language in the covenants and declarations for owners of property in the project regarding the use of the plaza for special events, inclusion of the loading and delivery facility in the overall loading and delivery system, payment of traffic impact fees and credits given to offset fee, and details for funding public art. The Developer shall address the following conditions of approval prior to submitting a building permit application (a grading permit/excavation permit shall constitute a building permit); Ordinance No. 7, Series 2009 3 4/2l/2009 6-2-3 1. The Developer shall submit a final exterior building materials list, typical wall section, architectural specifications, and a complete color rendering for review and approval of the Design Review Board, prior to submittal of an application for a building permit. 2. The Developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the submittal of a building permit application. All rooftop mechanical equipment shall be incorporated into the overall design of the structure and enclosed and visually screened from public view. 3. The Developer shall receive all the required permits from the Colorado Department of Transportation (CDOT) prior to submitting for a building permit. Failure to receive the appropriate permits to access the South Frontage Road per the Approved Development Plan will require the project to return through the special development district review process. 4. The Developer shall comply with the written final comments of the Town of Vail Public Works Department outlined in the memorandum from the Town of Vail Public Works Department, dated January 16, 2006, priorto submitting an application to the Town of Vail Community Department for the issuance of a building permit for this project. 5. The Developer shall submit a written letter agreeing to install a public safety radio communications system within the subterranean parking structure which meets the specifications of the Town of Vail Communications Center. The specifications and details of this system shall be submitted to staff for review and approval with the application for a building permit. 6. The Developer shall submit a fire and life safety plan for review and approval by the Town of Vail Fire Department in conjunction with the building permit submittal. The Developer shall address the following conditions of approval prior to release of a full building permit, requesting a temporary certificate of occupancy, or a final certificate of occupancy; 1. The Developer shall submit a comprehensive sign program for review and approval by the Design Review Board, prior to requesting a temporary certificate of occupancy, or a final certificate of occupancy. 2. The Developer shall be assessed a traffic impact fee of $6,500 per net trip increase in p.m. traffic. The traffic and trip generation report prepared by Fox Higgins Transportation Group dated June 2007, that specifically addresses the change in number of condominium units from 75 to 77, states that the net peak increase is 81 trips, 13 more trips than in the original approved traffic study dated November 2005. Since the usage of the commercial space is still in flux the Public Works Department will require that a new study be performed prior to the issuance of a full building permit to address the traffic generation created by the specific tenants that will lease the commercial/retail space within the project. This change may cause the trip generation to increase. The applicant shall be responsible for mitigating the number of net peak trip increases depicted in the revised study. This impact fee shall not be offset by any public improvements and shall be paid prior to requesting a temporary Ordinance No. 7, Series 2009 4 4/2l/2009 6-2-4 certificate of occupancy or certificate of occupancy. 3. The Developer shall post a bond to provide financial security for 125% of the total cost of the required off-site public improvements. The bond shall be in place with the Town priorto the issuance of a temporary certificate of occupancy. This includes but is not limited to the proposed streetscape improvements. 4. The Developer shall commence initial construction of the Crossroads improvements within three years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 39, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. 5. Employee Housing: Crossroads shall furnish deed restricted employee housing sufficient to accommodate 22 occupants by executing appropriate restrictive covenant(s) on form(s) provided by the Town. Any dwelling unit(s) restricted shall conform to the following floor area requirements: a one-bedroom unit shall contain at least 550 sq. ft. of floor area and accommodate no more than 2 occupants; a two- bedroom unit shall contain at least 850 sq. ft. of floor area and accommodate no more than 3 occupants; a three-bedroom unit shall contain at least 1,350 sq. ft. of floor area and accommodate no more than 4 occupants; and a four-bedroom unit shall contain at least 1,500 sq. ft. of floor area and accommodate no more that 5 occupants. The Town may approve minor variations in floor area when the overall intent of the floor area requirements is being met. Any deed restriction shall be for property located within the Town. Such deed restriction(s) shall be executed and provided to the Town for recording and restricted unit(s) shall be available for occupancy prior to the issuance of a temporary certificate of occupancy for the Crossroads Project or any phase thereof. Any deed restricted employee housing unit shall comply with the standards and procedures established by the Town Zoning Regulations. 6. The approval of SDD No. 39, Crossroads, shall restrict the uses upon the plaza level tenant spaces to retail uses solely and shall not be utilized for professional offices, business offices, and studios. The second floor retail space may be utilized for any allowable or conditional use as listed in the Commercial Service Center Zone District. No space noted as retail space on the Approved Development Plan shall be converted to a residential dwelling unit. Temporary real estate sales offices may be allowed on the plaza level of retail during the first two years following the issuance of a certificate of occupancy in order to allow effective sales of dwelling units on-site. Section 5. 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 Vail Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses Ordinance No. 7, Series 2009 cJ 4/2l/2009 6-2-5 or phrases be declared invalid. Section 6. The Vail Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. Section 7. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the 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 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21St day of April, 2009, and a public hearing for second reading of this Ordinance set forthe 5th day of May, 2009, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 7, Series 2009 6 4/2l/2009 6-2-6 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 9, 2009 SUBJECT: A request for a final recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units from 77 units to 78 units; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC090003) Applicant: Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell 1. SUMMARY The applicants, Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC, are requesting a recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units from 77 units to 78 units; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. Upon review of the applicable elements of the Town's planning documents and adopted criteria for review, the Community Development Department is recommending the Planning and Environmental Commission forwards a recommendation of approval, with conditions of the applicant's request for a major amendment to Special Development District (SDD) No. 39, Crossroads, to the Vail Town Council. A complete summary of our review is provided in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant is requesting a recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units from 77 units to 78 units. The key elements of the proposed major amendment to SDD No. 39, Crossroads, include: • An increase in the number of dwelling units from 77 to 78. A proposed deviation from the allowable number of dwelling units (47) which is 31 dwelling units greater; • An increase in the proposed Gross Residential Floor Area (GRFA) from 198,859 square feet to 200,858 square feet. A proposed deviation from the allowable amount of GRFA (45,080 sq. ft.) which is 155,778 sq. ft. greater; and • A decrease in the approved commercial, 34,536 square feet, by 1,999 square feet to 32,537 square feet. 1 4/2l/2009 6-3-1 A copy of the text detailing the application entitled Solaris: Application for a Maior Amendment to Special Development District No, 39, Crossroads, to allow for an increase from 77 to 78 dwellinq units dated revised March 2, 2009, (Attachment A) and a reduced copy of the floor plans and elevations dated February 27, 2009, (Attachment B) have been attached for reference. A draft of Ordinance No. 7, Series of 2009, containing the changes associated with the proposed major amendment proposal is attached for reference (Attachment C) Pursuant to Section 12-9A-9, Development Standards, Vail Town Code, the applicant is requesting a major amendment to the SDD No. 39, Crossroads, to request changes in the deviations from the prescribed development standards for density (number of units) and Gross Residential Floor Area (GRFA). III. BACKGROUND • On January 23, 2006, the Planning and Environmental Commission voted 5-2-0 (Viele and Lamb opposed) to forward a recommendation of approval of SDD No. 39, Crossroads, to the Vail Town Council. The Planning and Environmental Commission voted 7-0-0 to approve the conditional use permits for a major arcade; a theater; meeting rooms, and convention facilities; multiple-family dwellings; a private club (parking club); a bowling alley; and the outdoor operation of an accessory use (ice skating rink). • On March 21, 2006, the Town Council on second reading of Ordinance No. 5, Series of 2006, voted 4-3-0 (Slifer, Foley, and Logan opposed) to approve the adoption of SDD No. 39, Crossroads. • On April 3, 2007, the Town Council approved Ordinance No. 10, Series of 2007, increasing the permitted number of dwelling units from 69 to 75 dwelling units. This ordinance also increased the number of employee beds to be provided from 12 to 22 beds. • On August 7, 2007, the Town Council approved Ordinance No. 21, Series of 2007, increasing the number of permitted dwelling units from 75 to 77 dwelling units. • On October 2, 2007, the Town Council adopted Resolution No. 22, Series of 2007, which established the managed parking plan for Solaris. • On November 24, 2008, and January 12, 2009, the Planning and Environmental Commission upheld separate staff approved Minor Amendments to the SDD increasing the commercial square footage of the project by approximately 700 square feet. IV. ROLES OF REVIEWING BOARDS Planninq and Environmental Commission: The PEC shall review the proposal for and make a recommendation to the Town Council based upon the findings made on the criteria located in Chapter 12-9A, Special Development District, Vail Town Code. Town Council: The Town Council takes into consideration the PEC's recommendation when reviewing an application for a special development district and is responsible for final approval/denial of an SDD. The Town Council shall review the proposal and approve/approve with 2 4/2l/2009 6-3-2 conditions/deny the application based upon the findings made on the criteria located in Chapter 12-9A, Special Development District, Vail Town Code. V. APPLICABLE PLANNING DOCUMENTS Vail Villaqe Master Plan The Vail Village Master Plan is based on the premise that the Village can be planned and designed as a whole. It is intended to guide the Town in developing land use laws and policies for coordinating development by the public and private sectors in Vail Village and in implementing community goals for public improvements. It is intended to result in ordinances and policies that will preserve and improve the unified and attractive appearance of Vail Village. Most importantly, this Master Plan shall serve as a guide to the staff, review boards, and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. Furthermore, the Master Plan provides a clearly stated set of goals and objectives outlining how the Village will grow in the future. The Vail Village Master Plan is intended to serve as a guide to the staff, review boards and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. The most significant elements of the Master Plan are the goals, objectives, policies and action steps. They are the working tools of the Master Plan. They establish the broad framework and vision, but also layout the specific policies and action steps that will be used to implement the Plan. As noted on page 35 of the Master Plan, "It is important to note that the likelihood of project approval will be greatest for those proposals that can fully comply with the Vail Village MasterPlan." Staff believes this statement re-emphasizes that the Master Plan is a general document providing advisory guidelines to aid the Town in analyzing development proposals and that full compliance is not required in order for a project to be approved. The stated goals of the Vail Village Master Plan which staff believes are applicable to this application appear in Section VIII under staff's assessment of Criterion D. Specific Sub- Area Details found in the Vail Village Master Plan Mixed Use Sub Area (#1) The Mixed-Use sub-area is a prominent activity center for Vail Village. It is distinguished from the Village core by the larger sca/e buildings and by the limited auto traffic along East Meadow Drive. Comprised of five major development projects, this sub-area is characterized by a mixture of residential/lodging and commercial activity. There is a great deal of potential forimprovements to both public and private facilities in the area. Among these is the opportunity to develop gateway entries to the Village at the 4-way stop and at the intersection of Vail Road and Meadow Drive. It is a/so a long term goa/ to strengthen the connection between this area and the Village core area by reinforcing the established pedestrian linkages. Pedestrianization in this area 3 4/2l/2009 6-3-3 may benefit from the development of retail infill with associated pedestrian improvements along East Meadow Drive and the development of public access to Gore Creek. A significant increase in the Village's overnight bed base will occur in this sub-area with the development of the final phase of the Vail Village Inn project. In addition, commercial and residential/lodging development potential is identified in sub-area concepts 3, 4, 6, and 8. The completion of these projects will essentially /eave the sub-area "built ouY' #1-6 Crossroads Infill Commercial infill over new underground parking lot in conjunction with a large public plaza with greenspace area (existing and new parking demand to be provided on site). While configuration ofinfill may be done a numberof ways, it is the overall intent to replace existing surface parking with pedestrian corridors into a commercial area, as well as to provide a strong building edge on Meadow Drive and streetscape improvements. Improvements of the planted buffer adjacent to the Frontage Road is a/so important. Relocation of the loading and delivery functions and entry to parking structure is strongly encouraged to reduce traffic on Meadow Drive. Potential to improve fire access a/so exists in the redevelopment scheme. Special emphasis on 2.4, 2.5, 2.6, 3.1, 4.1, 5.1, 6.1, and 6.2. Town of Vail Zoninq Requlations Article E. Commercial Service Center (CSC) District (in part) 12-7E-1: Purpose: The Commercial Service Center District is intended to provide sites for general shopping and commercial facilities serving the Town, togetherwith limited multiple-familydwelling and lodge uses as may be appropriate without interfering with the basic commercial functions of the District. The Commercial Service Center District is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted types of buildings and uses, and to maintain a convenient shopping center environment for permitted commercial uses. VI. ZONING ANALYSIS According to the application information provided by the applicant, staff has performed an analysis of the proposal in relation to the requirements of the Vail Code. The deviations to the prescribed development standards that are currently approved are shown in bold text in the table below. The parameters that would change in conjunction with this major amendment request are shown in bold italics. Development Standard Allowed Proposed Lot Area: 20,000 sq. ft. 115,129 sq. ft. (2.643 acres) Buildable Area: 115,129 sq. ft. Setbacks: Front (Frontage Road): 20' 0' to 19' West Side: 20' 2' (loading dock) to 25' 4 4/2l/2009 6-3-4 East Side: 20' 0' to 25' Front (Meadow Drive): 20' 0' to 150' Building Height: 38' 99.9 ft. Density: 18 units/acre 29.5 units /acre 47.5 D.U.s 78 D.U.s GRFA: 46,051.6 sq. ft. 200,858 sq, ft. (40%) (174.4%) Site Coverage: 86,346.8 sq. ft. 107,772 sq. ft. (75%) (93.6%) Landscape Area: Total 23,025.8 sq. ft. 43,316 sq. ft. (20% total site) (37.6% total site) Minimum Softscape of total permitted 18,420.6 sq. ft. 13,433 sq. ft. (80%) (31.0%) Maximum Hardscape of total permitted 4,605.1 sq. ft. 29,078 sq. ft. (20%) (67.1 Parking: 217 spaces 304 spaces (81 spaces approved to be in private parking club and 6 surplus public spcaes) VII. SURROUNDING LAND USES AND ZONING Land Use Zoninq North: CDOT ROW None South: Mixed Use Commercial Core II District/Public Accommodation East: Public Parking General Use District West: Mixed Use SDD No. 6 VIII. THE SPECIAL DEVELOPMENT DISTRICT MAJOR AMENDMENT REVIEW PROCESS Chapter 12-9 of the Town Code provides for the review of a major amendment to an established special development districts in the Town of Vail. According to Section 12-9A-1, the purpose of a special development district is, "To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use; to improve the design characterand quality of the new development within the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goa/s of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the property's underlying zone district, shall establish the requirements forguiding development and uses of property included in the Special Development District." 5 4/2l/2009 6-3-5 The Town Code provides nine design criteria which shall be used in evaluating the merits of a major amendment to an established SDD. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan complywith each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The following is a staff analysis of the project's compliance with the nine SDD review criteria: A. Consideration of Factors Reqardinq Special Development Districts: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation in great detail. As this proposal fora major amendment to SDD No. 39, Crossroads, does not include any changes to the architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation of the approved structure staff has not included the discussion on these review points. As stated previously the major amendment proposes to increase the number of dwelling units from 77 to 78 and the GRFA by 1,999 square feet. These changes are accomplished within the approved bulk, mass, and height of the structure. There are no changes to the approved heights and setbacks of the structure. Staff believes the proposed amendments comply with this criterion. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail, the uses, activity, and density of the redeveloped Crossroads site and its compatibility to surrounding uses and activity. In that analysis Staff showed how the GRFA being proposed within the project was less than possible development potential of the public plaza area in relation to the recommendations of the Vail Village Master Plan on height and density. The proposal to increase the number of dwelling units by one and GRFA by 1,999 square feet modestly affects the density per acre on the site. As this proposal is to convert a single retail space to residential within the approved bulk and mass Staff does not believe there is a negative impact to the surrounding properties with regard to density on the Solaris project with this amendment. During the initial review of the Solaris project there was a great deal of discussion centered on the uses and location of those uses within the project. There was initial concern about the location of retail on the second floor of the project and its viability as many places and studies have shown that it is difficult to draw pedestrians up to a second floor retail level. Through the review process the applicant provided evidence that the second floor retail could indeed be successful. Reasons given for the success were the are shape of the retail allowing for better visibility, the ability to control tenant mix and locate "anchors or big draws" on the second floor, the provision of a walkway on the second floor containing benches for pedestrians and areas for activity generation. The particular space proposed to be 6 4/2l/2009 6-3-6 converted was highlighted as a location where an establishment on the second floor would have an outdoor patio which could be a food and beverage business with patrons sitting on the deck creating excitement and vitality on the second floor. The conversion of this space eliminates the possibility of provided for heightened activity on the second floor thus potentially being a draw to pedestrians to explore the second floor. However, throughout the Design Review process and the Building Permit review process changes were made and approved which made the proposed space potentially less viable to serve in the suggested manor. Those changes were the design of the stairs to reach the second floor retail in the south west corner of the site and its impacts to the walkway located in front of this retail space on the second floor. In refining the stair design to make them as inviting to pedestrians to go up to the second floor the walkway in front of this commercial space was cut back leaving it with eight feet of frontage on the pedestrian walkway. The proposed design does not convert the entirety of the retail space to residential. In order to provide all retail frontages on the second floor walkway that portion of the space which had frontage on the walkway was added to the adjacent retail space. The proposed residential unit does not have any frontage on the second floor pedestrian walkway. Staff does have some concerns about the impact of this conversion from a retail space to a residential unit which may not generate as much "activity" on the patio which will be visible from both directions on Meadow Drive. In further review of the application staff identified within the adopted SDD No. 39, Crossroads, text restricting the conversion of tenant spaces as shown on the "Approved Development Plan" prohibiting the conversion of retail spaces to residential units. These portions of text have been underlined on pages 2 and 5 in the draft Ordinance No. 7, Series of 2009, attached (Attachment C) to this memorandum. Through this major amendment proposal the applicant is requesting approval of an amended "Approved Development Plan" which would convert one of the tenant spaces from retail to residential. If the proposed amendments are approved the text and condition found in the Ordinance do not need to change as the "Approved Development Plan" will no longer depict the converted space as retail. Employee Housing Requirements As indicated in a number of the goals and objectives of the Town's Master Plans, providing affordable housing for employees is a critical issue which should be addressed through the planning process for SDD proposals. In reviewing the proposal presented to the Planning and Environmental Commission on January 23, 2006, for employee housing needs, staff relied on the Town of Vail Employee Housing Report. This report has been used by the staff in the past to evaluate employee housing needs. That analysis showed a net new generation of employees by the Crossroads project to be six (6) employee beds. In the most recent approval of Ordinance No. 21, Series of 2007, the Town Council required a total of 22 employee beds be provided off-site in conjunction with the Solaris project. The conversion of the proposed space from retail to residential does not generate an increase in the employee housing generation. This is due to the recent minor amendments which were approved to increase retail square footage by approximately 700 square feet and the rounding up of the beds to be provided in conjunction with those applications. Furthermore there is a lesser employee generation requirement for residential than retail resulting in a decrease in the requirement. A more detailed explanation can be found on page 5 of the applicant's request, which staff has reviewed and concurs with the findings. Staff believes that the proposal does comply with this criterion. 7 4/2l/2009 6-3-7 C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. As indicated in the Zoning Analysis outlined in Section VI of this memorandum, the total number of required parking spaces for the Crossroads project is 217 spaces. The applicants are proposing to provide a total of 304 spaces, all of which are to be provided in the proposed underground parking structure. There are 87 additional parking spaces proposed to be constructed above and beyond that which is required. Of these additional parking spaces there are 81 proposed to be in a private parking club and the remaining six (6) the applicant is proposing will serve as additional public benefit. The applicant has not proposed any changes to the compliant loading and delivery facility associated with the project. Staff believes that the application complies with this criterion. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. In a memorandum to the Planning and Environmental Commission dated January23, 2006, staff discussed in detail the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan and how they applied to the Crossroads redevelopment. As this proposal for a major amendment will affect the number of dwelling units on the site staff will focus on this aspect of the proposal and its impact on this criterion. The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for the establishment of a special development district. Staff has reviewed the Vail Land Use Plan and believes the following goals and policies are relevant to the review of this major amendment to SDD No. 39, Crossroads, proposal: 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 4.0 Village Core / Lionshead 4.2 Increased density in the Core areas is acceptable so long as the existing characterof each area is preserved thorough implementation of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 8 4/2l/2009 6-3-8 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Vail Villaqe Master Plan Staff believes that the following stated goals of the Vail Village Master Plan are applicable to this major amendment application: Goa/ #2: To foster a strong tourist industry and promote year-around economic health and viability for the Village and for the community as a whole. Objective 2.5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. Staff believes that the application complies with all the goals and objectives of the Vail Comprehensive plan. 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 Crossroads development site is not located in any geologically sensitive areas. Staff believes that the application complies with this criterion. 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. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the site plan, building design and location and open space provisions in great detail. As this proposal for a major amendment to SDD No. 39, Crossroads, does not include any changes to the site plan, building design and location and open space provisions of the approved structure staff has not included the discussion on these review points. 9 4/2l/2009 6-3-9 Staff believes the proposal complies with this criterion. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. In a memorandum to the Planning and Environmental Commission dated January23, 2006, staff discussed in detail the vehicular and pedestrian circulation both on-site and off-site. As the proposed major amendment does not affect these elements staff believes the proposal continues to comply with this criterion. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the landscaping and open spaces included in the Crossroads redevelopment. Furthermore the Design review Board provided their input on the refinement of these spaces. As this proposed major amendment does not affect these elements staff believes the proposal continues to comply with this criterion. 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 project in one phase and a subdivision of the property will be necessary to facilitate the development of the Crossroads project. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval, with conditions, to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units from 77 units to 78 units, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. Staff's recommendation is based upon a review of the criteria and findings as outlined in this memorandum and from the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with conditions of the applicants' request, staff recommends that the following findings be made as part of the motion: Special Development District No. 39, Crossroads "That the proposal to amend Special Development District No. 39, Crossroads, complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code. Furthermore, the applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Commission finds that the request is consistent with the development goa/s and objectives of the Town. 10 4/2l/2009 6-3- 10 That the proposed gross residential f/oorarea of 174.4 % of lot area, additional thirty- one dwelling units over allowable (at 29.5 units per acre total) in the Commercial Service Center zone district is in conformance with applicable elements of the Vail Comprehensive Master Plan. That the development is in compliance with the purposes of the Commercial Service Center zone district, that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Vail Land Use Plan, and the Vail Streetscape Master Plan, and that the proposal does not otherwise have a significant negative effect on the characterof the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." Should the Planning and Environmental Commission choose to recommend approval the applicant's request, staff recommends that the draft Ordinance No. 7, Series of 2009, containing conditions, be forward to the Town Council. X. ATTACHMENTS A. Application for a Maior Amendment to Special Development District No, 39, Crossroads, to allow for an increasefrom 77 to 78 dwellinq units Dated revised March 2, 2009 B. Reduce plans of the proposal dated February 27, 2009 C. Draft of Ordinance No. 7, Series of 2009 11 4/2l/2009 6-3- 11 SOLARIS a a .,r y • 4~~~ , f' ~ ~ . ~ ~Y/,~ -4 1 ~ 4 • ~ ~ ~ I~ '1wl ~ / ~ ~ ~ _ I # A q~ ~ ~I y } r fl f ~ ~ ~ - Application for a Major Amendment to Special Development District No. 39, Crossroads, to allow for an increase from 77 to 78 dwelling units January 2009 Revised March 2, 2009 Submitted by J~ ;I ci N6auriello Planning Group 4/21 /2009 6-4-1 Owner and Consultant Directory Owner/Applicant: Peter Knobel Solaris Property Owner, LLC 2211 North Frontage Road West Suite A Vail, CO 81657 Planning Mauriello Planning Group, LLC PO Box 1 127 Avon, CO 81620 970-748-0920 Design Architect Barnes Coy Architects PO Box 763 Bridgehampton, NY 11932 631-537-3555 Production Architect Davis Partnership 0225 Main Street, Unit C 1 Ol Edwards, CO 81632 970-926-8960 4/2l/2009 6-4-2 I. Introduction We are requesting a major amendment to Special Development District No. 39, Solaris, to allow for the addition of a dwelling unit, increasing the approval from 77 dwelling units to 78 dwelling units. The application includes the conversion of 1,999 sq. ft. of area previously indicated as retail space into a 1,999 sq. ft. residential condominium. This retail space has been identified as a location that is not in a desirable location for retail as it is located at the far end of the promenade level (second floor) with limited exposure to the promenade walk (see Promenade Level Floor Plan below). Leasing this space to any retailer has been difficult as a result, and retailers have identified this space as problematic for commercial uses. Additionally, the proposed amendment will allow Solaris to continue to be a viable project during this period of economic hardship by converting a burdened retail area to a revenue producing residential space. I~ I 4-.r.I~~+17~ i at.J~ ~N rl I~ L + 7 : v ~ RETAIL ~ ru t ~T~~~~1 ~ fi 4 t~rL 4. Limited exposure e~ RETAIL TJ_I to the retail ~ ~ +rL 4+r' , promenade _ _ _ _i ~ LI t I-' - - - ~ i - ~ 7~ ' F Z+ 1-4- New residential - ' i = condominium ~ NEW RE516ENTIAL i 7,999 SQ. FT. ~I It is important to note that various amendments have been reviewed and approved as we have continually improved and refined the retail experience. Based on input from potential retailers, there has been a general shifting of retail spaces, creating some smaller retail opportunities to compliment the larger retail spaces. In the approved minor amendment approved in December of 2008, nearly 700 sq. ft. of commercial space was added to the plaza level. The proposal will have little impact on revenues and vitality to the Town given the recent minor amendment which added retail on the first floor. The proposed change 2 Crossroads Kcdcvclopmcnt llauricllo Planning Group, LLC 4/2l/2009 6-4-3 actually reduces impacts to employee housing and parking. The applicant is proposing to provide 22 employee beds as a public benefit. In addition, the public benefit package for Solaris is extensive, and includes the following: • Outdoor Ice Skating Rink for public skating in winter/water-recreation feature in the spring and summer months; • New public plaza of 1/2-acre (24,000 sq. ft.) in the heart of Town for public gatherings and events that occupies approximately 20% of the property controlled by the Town via a General Improvement District with guaranteed public access; • Public accessible restrooms at the pedestrian level; • Approximately 70,000 sq. ft. of new high quality retail and restaurant space at the pedestrian level and one floor above, including a 3-screen state of the art movie theater and 10-lane bowling alley with a sports cafe/arcade; • Relocated loading and delivery docks (Frontage Road access) with five bays available to adjacent properties; • New streetscape and pedestrian improvements on all sides of site including landscape medians in the South Frontage Road; • Buffering of I-70 highway noise from the pedestrian areas south of the project; • $1.1 million in public art; • New heated sidewalks around the entire project; • New raised landscape median in South Frontage Road; • Reconstructed Village Center Road as a heated paver roadway; • Reconstructed Willow Bridge Road and East Meadow Drive as a heated paver area; • Off-site employee housing to accommodate 22 employees; • Traffic impact fees to be paid to the Town to be used for Frontage Road improvements; • Parking structure that is open to the general public for fee. In summary, this application is necessary and warranted to: • Allow the Solaris project to move forward in a financially sustainable way • Allow the project to maintain the high-end quality finishes and not reduce the quality to meet budgetary needs • Recognize the net change in retail is minor in the overall context of the project • Allow the project to maintain the high levels of public benefit despite the strains placed on it by the economy. • Recognize the ineffectiveness of the retail space as currently planned 3 Crossroads KcdcN-clopmcnt llauricllo Planning Group, LLC 4/2l/2009 6-4-4 II. Detailed Project Description A. Residential and Commercial Floor Areas There is an increase in the approved gross residential floor area by 1,999 sq. ft. There is a corresponding reduction in retail by 1,999 sq. ft. The minor amendment approved in December of 2008, added 686 sq. ft. to the overall retail area, thus making the net change less significant. There are no changes to other uses on site. Below is a table indicating the current approval and the 2009 amendment proposal: Use Current Approvals Proposed 2009 Net Change Amendment Residential 198,859 sq. ft. 200,858 sq. ft. +1,999 sq. ft. Retail 34,536 sq. ft. 32,537 sq. ft. -1,999 sq. ft. B. Parking Below is a table documenting the parking requirements for the proposed Solaris redevelopment. The proposed development plan includes a total of 304 parking spaces (above the previous 301) to allow more public to park on the site. Due to this proposal, there is a surplus of parking on the site available to the public and which can be used to meet any future requirements. These extra six spaces are considered part of the public benefit of this proposal. Amendment Proposed: # of Units/Sq. Use Ft. Code Ratios Total Dwellin Units 78 1.4 109.2 Retail 32,537 0.0023 74.83 Theater seating 3,059 0.006060606 18.539 Restaurant seatin 5,611 0.004 22.444 Bowling 1,170 0.0023 2.691 Total 227.704 5% reduction 1 1 .38 Net Required Parking 216.324 (217) Parking Provided 304 spaces Parkin Club Parkin 81 s aces Excess Parking 6 spaces C. Density Density is expressed as the number of residential dwelling units per acre of land. The proposed amendment includes an increase from 77 units to 78 units. The site is 2.643 acres. The current approval allows for 29.13 units per acre. The proposed increase to 78 units results in a proposed density of 29.5 dwelling units per acre. 4 Crossroads KcdcN-clopmcnt llauricllo Planning Group, LLC 4/2l/2009 6-4-5 D. Employee Housing Plan The original approval of Solaris was prior to the adoption of the current employee housing regulations. As a result, all previous housing requirements have been based on "beds" rather than the new requirements of either "employees generated" or "employee housing area (sq. ft.)". However, due to the increase in residential floor area and the decrease in retail floor area, a revised employee housing plan is required to be submitted with this major amendment application, based on the current requirements. The following calculations based on Chapters 23 and 24 have been provided for reference: Commercial Linkage: Use Increase/Decrease Calculation Employees Generated Retail - 1,999 sq. ft. 2.4/1000 sq. ft) *.20 mitigation rate -.96 Inclusionary Requirement: Use Increase/Decrease Calculation Area (sq. ft.) Required Residential 1,999 sq. ft. 10 mitigation rate 199.9 sq. ft. The conversion between the commercial linkage requirement and the inclusionary requirement generally equates to 350 sq. ft. per employee. Therefore, the commercial linkage equates to a reduction of 336 sq. ft. of employee housing requirement. With the inclusionary requirement of 199.9 sq. ft., the total housing requirement equals a net reduction in the employee housing requirement of 136 sq. ft. (or reduction of .39 employees.) The minor amendment approved on December 24, 2008, increased the employee housing requirement by .33 of an employee, making the current employee housing requirement for 22.33 beds. The applicant proposed 1 additional bed to meet this requirement, while maintaining the .67 employee credit to accommodate any future changes. As a result of this reduction of .39 employees, the additional .33 requirement is no longer necessary, and the total requirement now dips below the 22 beds originally required. In 2007, an amendment was approved (Ordinance 21, Series 2007) to the Solaris project. There was an overall reduction of parking available to commercial and parking club users. Parking dropped from 338 spaces to 298 spaces. The Town Council required an additional 10 employee beds (total of 22 beds) to mitigate for the loss of "public benefit" in the number of parking spaces. Since this application results in a surplus of six parking spaces above and beyond the parking requirements, the 10 beds imposed on the project should be reduced accordingly. The six surplus spaces represent a 15% change which would reduce the additional 10 bed requirement to 8.5 beds, or a total requirement of 20.5. However, the applicant is proposing to provide a total of 22 beds as a public benefit to support this application. 5 Crossroads KcdcN-clopmcnt llauricllo Planning Group, LLC 4/2l/2009 6-4-6 III. Application Process Ordinance No. 5, Series of 2006, approved Special Development District No. 39, Crossroads (Solaris), to facilitate the redevelopment of Crossroads. Ordinance No. 10, Series of 2007, approved an increase from 69 dwelling units to 75 dwelling units. Ordinance No. 21, Series of 2007, again amended the Special Development District No. 39 to allow for 2 additional dwelling units. The addition of a dwelling unit is a major amendment to SDD #39. The following is the definition of a major amendment an SDD: MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEW): Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this section), except as provided under section 12-15-4, "Interior Conversions", or 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance)", of this title. Ordinance 5, Series of 2006, also included a condition of approval regarding uses at Solaris. The language of the condition states the following: "...No space noted as retail space on the Approved Development Plan shall be converted to a residential dwelling unit..." This application proposed to maintain this language yet allowing for this amendment to be approved. The following is a list of the submittal requirements for a major SDD amendment. We have indicated the items that we have submitted with this amendment, and referenced the original submittal for items that are not affected by the major amendment. Fee Submitted Stamped, addressed envelopes and a list of the property owners Submitted adjacent to the subject property Title Report Submitted Written approval Submitted A written statement addressing the following: Submitted a. Describe the nature of the project to include information on proposed uses, densities, nature of the development proposed, contemplated ownership patterns and phasing plans. b. A statement outlining how and where the proposed development deviates from the development standards prescribed in the property's underlying zone district. A complete zoning analysis Submitted Stamped Topographic Survey Refer to the ori inal submittal - no chan e Existing and Proposed Site and Gradin Plans Refer to the original submittal - no chan e A Vicinity Plan Refer to the ori inal submittal - no change A Landsca e Plan Refer to the ori inal submittal - no chan e 6 Crossroads KcdcN-clopmcnt llauricllo Planning Group, LLC 4/2l/2009 6-4-7 A Roof Hei ht Plan Refer to the ori inal submittal - no chan e Existin and Pro osed Architectural Elevations Refer to the ori inal submittal - no chan e Existing and Proposed Architectural Floor Plans Submitted Sun/shade analysis Refer to the original submittal - no change All plans must also be submitted in 8.5. x 11. reduced format. Submitted An Architectural or massing model Refer to the original submittal - no change Photo overlays Refer to the original submittal - no change Parking needs assessment and vehicular circulation analysis Submitted An Environmental Impact Report Refer to the original submittal - no change 7 Crossroads Kcdcvclopmcnt llauricllo Planning Group, LLC 4/2l/2009 6-4-8 IV. Special Development District - Standards and Criteria "The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan." The following design criteria are used by the Town in the evaluation of a Special Development District. The proposed Solaris redevelopment plan adequately addresses each of these criteria. Below is a summary of how the project implements each of these criteria. A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Our Analvsis: There are no changes to the design of the proposed building as a result of this proposal. The proposed Solaris redevelopment plan was designed to be compatible with the mountain environment and the new trends in alpine architecture. While the site is not located in the area regulated by the Vail Village Urban Design Guide Plan, most of the recommendations and goals of that plan are implemented by the proposed development plan. The site is located on the periphery of the village adjacent to the South Frontage Road. The Vail Village Master Plan recommends taller buildings be concentrated along the Frontage Road and step down toward the village core. The proposed structures follow this guideline. The site is also being redeveloped in the context of recent approvals made by the Town on adjacent sites. The Vail Plaza Hotel and the Four Season projects have both been approved following the same general concept of taller buildings along the Frontage Road. However, the Crossroads project, unlike the other two, focuses more of the building bulk and mass along the Frontage Road in order to maintain a large public plaza (1 /2-acre in area) along the south side of the site. The proposed plan provides generous setbacks to adjacent development located to the west of the site and the buildings are oriented to help maintain views in the area. The building was also designed to appear as several building forms. The roof ridges were turned north south to prevent a long continuous roof ridge running east west across the site which has 8 Crossroads KcdcN-clopmcnt llauricllo Planning Group, LLC 4/2l/2009 6-4-9 been fairly common on other redevelopment projects. There are no major flat roofs proposed on this structure. The materials are of the highest quality and include Telluride Gold stacked stone, strip sandstone (laid on side), wood-like siding, dark zinc roof and siding elements, timber arches and bracing, rolled logs, heavy deck rails, planter boxes, and proportional glazing. The proposed materials are such high quality that maintenance is minimally required. The building was designed to stand the test of time and to respond to the Rocky Mountain climate and harsh conditions. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Our Analysis: The East Meadow Drive area is characterized by residential, lodging, and commercial development. The Vail Village Master Plan recognizes this area of Town as mixed-use commercial and high density residential. The proposed redevelopment plan responds to the uses already developed in the neighborhood and also provides a high quality mix of uses along East Meadow Drive. The proposed amendment does not change this vibrancy along East Meadow Drive. The proposed amendment converts a second floor ara at the very end of the retail promenade. The area is secluded and will not operate well as a retail area due to the location and seclusion. C. Parking and Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. Our Analvsis: The proposed redevelopment plan meets or exceeds all of the parking and loading standards found in Chapter 10 of the Zoning Regulations. Please refer to other sections of this report and the proposed development plan for details on parking and loading. In fact, a surplus of 6 spaces are being provided above and beyond the requirement for all uses on the site. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. Our Analysis: The proposed Solaris redevelopment plan complies with all relevant master planning documents and Town policies. The plan also complies with relevant sections of the Urban Design Guide Plan; however, this plan is not applicable to this site. 9 Crossroads KcdcN-clopmcnt llauricllo Planning Group, LLC 4/2l/2009 6-4- 10 E. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Our Analvsis: There are no natural or geologic hazards existing or mapped by the Town on the Crossroads site. F. Design Features: 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. Our Analysis: There are no changes to the above-reference design features as a result of this proposal. The Solaris site has been developed for more than 30 years and therefore there are no natural features on the site and little in terms of vegetation. The proposed project was designed to reflect mountain alpine architecture, the alpine climate, and quality demanded by the Town. The project was also developed around the master plan direction and the community desire to extend a public plaza into the site. The proposed plan includes a large open plaza (nearly 20% of the area of the entire site). This 1/2-acre plaza will improve the Town's ability to accommodate outdoor gatherings and events. The proposed landscape plan introduces additional trees and vegetation in meaningful locations throughout the site to improve the aesthetics of the site and the surrounding area. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. Our Analvsis: The proposed amendment has no impact on this criterion. The Solaris project has been designed to address three major issues within the Town: availability and adequacy of parking; pedestrian circulation and gathering; and loading and delivery. A long-standing goal of the Town is to remove loading and delivery entering the Solaris site through E. Meadow Drive and require access directly to the South Frontage Road. The proposed plan includes a new, enclosed loading dock facility that is accessed directly from the South Frontage Road. The loading facility includes five loading berths, the maximum required by the Town Code for a mixed-use facility. The loading dock also includes a trash facility for the 10 Crossroads KcdcN-clopmcnt llauricllo Planning Group, LLC 4/2l/2009 6-4- 11 project. The loading dock provides access to grade on the west side of the site to allow for use by merchants on adjacent sites. All of the parking for the site is accessed from Village Center Road. All of the parking is located below grade. The control gate for the site is located deep within the garage to prevent cars from stacking into Village Center Road. Cars exiting the facility cue within the parking structure, thus preventing any blocking of traffic on Village Center Road. Additionally, there is a porte cochere along the South Frontage Road for residential guests arriving at the site. The porte cochere will provide temporary pick- up for guests and valet parking. A traffic report is included in the Environmental Impact Report (EIR) for this project and, as agreed previously in the DIA, a new letter amending the analysis will be provided as the commercial uses are finalized. This report indicates that all roadways adjacent to the site have excess capacity upon completion of this redevelopment project. There is no need for major roadway improvements due to the traffic generated for the proposed uses on-site. There is no vehicular access proposed to the East Meadow Drive frontage of the site. The pedestrian improvements associated with this site are extensive. Pedestrian access is provided on all adjacent roadways and between the VVI project and the Solaris site. The applicant is proposing a significant public plaza on the site that will allow for pedestrian traffic and public gatherings. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Our Analvsis: There are no changes to the landscaping as a result of this proposal. The Solaris project is currently developed with buildings, structured parking, and surface parking. There is very little existing landscaping on the property. The site is located within an urban setting which presents challenges in terms of providing landscape areas and materials. Retail, plaza areas and gathering places, and pedestrian walks all compete with landscape improvements. However, the proposed redevelopment plan for Solaris provides significant landscape materials in strategic locations which do not interfere with retail store fronts or needed gathering spaces. The proposed hardscape areas of the site provide an aesthetic quality not currently existing in the area. The proposed development plan and landscape plan optimize the site as a gathering space, a recreation complex, and as a place to sit and view the surrounding urban fabric. 11 Crossroads KcdcN-clopmcnt llauricllo Planning Group, LLC 4/2l/2009 6-4- 12 I. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Our Analvsis: There are no changes to the phasing of this project as a result of the proposed major amendment. The project is proposed to be developed in one phase. 12 Crossroads KcdcN-clopmcnt llauricllo Planning Group, LLC 4/2l/2009 6-4- 13 V. Adjacent Property Owners TOWN OF VAIL C/O FINANCE DEPT VILLAGE INN PLAZA-PHASE V CONDOMINIUM 75 S FRONTAGE RD ASSOCIATION VAIL, CO 81657 COLORADO REGISTRATION, INC 880 HOMESTEAD DRIVE NO. 25 HIBBERD, FRED, JR EDWARDS, CO 81632 400 NW RIDGE RD JACKSON, WY 83001 VILLAGE INN PLAZA-PHASE V CONDOMINIUM ASSOCIATION VAIL CORE CONDOMINIUM ASSOCIATION, INC. COLORADO REGISTRATION, INC VAIL TAX & ACCOUNTING, INC. PO BOX 666 P O BOX 5940 VAIL, CO 81658 AVON, CO 81620 VILLAGE INN PLAZA CONDOMINIUM VILLAGE CENTER ASSOCIATION ASSOCIATION PO BOX 5968 COLORADO REGISTRATION, INC. VAIL, CO 81658 POST OFFICE BOX 666 VAIL, CO 81658 VAIL DOVER ASSOCIATES LLC 4148 N ARCADIA DR VAIL VILLAGE PLAZA CONDOMINIUM PHOENIX, AZ 85018 ASSOCIATION 143 E. MEADOW DRIVE NO. 360 TALISMAN CONDO ASSOC. C/O SLIFER MANAGEMENT CO W. THOMAS SAALFELD VAIL, CO 81657 62 E MEADOW DR VAIL, CO 81657 VAIL VILLAGE PLAZA CONDOMINIUM ASSOCIATION SONNENALP PROPERTIES INC SALLY HANLON 20 VAIL RD 385 GORE CREEK DRIVE- NO. R-2 VAIL, CO 81657 VAIL, CO 81657 VAIL VILLAGE PLAZA CONDOMINIUM AUSTRIA HAUS CONDO ASSOC INC ASSOCIATION 242 E MEADOW DR. C/O ABPLANALP LAW OFFICE LLC, VAIL, CO 81657 POST OFFICE BOX 2800 VAIL, CO 81658, UNITED STATES ANN BISHOP VAIL VILLAGE INN PHASE III ASSOC VILLAGE INN PLAZA CONDOMINIUM PO BOX 820 ASSOCIATION VAIL, CO 81658 JOSEF STAUFER 100 E MEADOW DR #31 CDOT VAIL, CO 81657, UNITED STATES 4201 E. ARKANSAS AVENUE DENVER, CO 80222 VILLAGE INN PLAZA-PHASE V CONDOMINIUM ASSOCIATION MAURIELLO PLANNING GROUP, LLC 100 EAST MEADOW DRIVE STE 31 POST OFFICE BOX 1 127 VAIL, CO 81657 AVON, CO 81620 VILLAGE INN PLAZA CONDOMINIUM SOLARIS COLORADO REGISTRATION, INC. 2211 NORTH FRONTAGE ROAD, SUITE A 880 HOMESTEAD DRIVE, NO. 25 VAIL, CO 81657 EDWARDS, CO 81632 13 Crossroads KcdcN-clopmcnt llauricllo Planning Group, LLC 4/2l/2009 6-4- 14 e; 0 0 0 0 0 0 0 0 0 0 0~ o 0 0 0 0[3 ~~~~2~ ~p m ~ oo~oa o3 o~ €m \ ~ \ \ ~ L2L o m~~ [,m o: ~o ~ o~ o 0 n_ o ~m o ° o ~ o` o" o o\ o 0 0: 0 0 0; o 0 0 0 0 . o o: o ~ a o- ~ o ~p a =o m o a o /I o, M o o ~ o _o 0 0 0 0 0 ° ~ 0 0 0. ~ ° ~ ~ ~I 0 0 0 \ ~8 0 0 o o o, ° o 0 0 o A o 0 0/ 0 0, o= o ~ 0 0 0 - - o o= 0 0 0 0 0 o ~ E2~ I 0 0 \ o ; - o 0 0 0 g o o ~ o ~ ~i 0 0 0 0 0 o ~ \ o~ o° c ~ D ,~rT,~ ~ ~T ~0 ' ~ o A m m ry ~2 ~2p~ OC N,m ooGrn ° - v r Y. g, 7 HHHHH! 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FEBRUARY 27. 2009 . ~ VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 21, 2009 ITEM/TOPIC: First reading of Ordinance No. 8, Series of 2009, An Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, Heavy Equipment Fund and Debt Service Fund of the 2009 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. PRESENTER(S): Kathleen Halloran ACTION REQUESTED OF COUNCIL: Approve or approve with amendments the first reading of Ordinance No. 8, Series of 2009. BACKGROUND: To be provided in a separate memo. STAFF RECOMMENDATION: Staff recommends that the Town Council approves or approves with amendments Ordinance No. 8, Series of 2009, upon first reading. ATTAC H M E NTS : Ord. No. 8 Memo - 2nd Supplemental 2009 Fund Statements 4/2l/2009 ORDINANCE NO. 8 SERIES OF 2009 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH SERVICES FUND, AND DEBT SERVICE FUND OF THE 2009 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2009 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 25, Series of 2008, adopting the 2009 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain 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 budget adjustments for the 2009 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 22,734 Capital Projects Fund 6,041,328 Real Estate Transfer Tax Fund 4,087,507 Dispatch Services Fund 69,750 Debt Service Fund 13,970 Total $10,235,289 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Ordinance No. 8, Series of 2009 4/2l/2009 7-1-1 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21 st day of April, 2009, and a public hearing shall be held on this Ordinance on the 5th day of May, 2009, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 8, Series of 2009 4/2l/2009 7-1-2 MEMORANDUM To: Town Council From: Stan Zemler Judy Camp Kathleen Halloran Date: April 16, 2009 Subject: 2008 Preliminary Results and 2009 Supplemental Appropriation Recording of the town's 2008 financial transactions has been completed, with audited financial statements in the drafting process. The completion of 2008 financials sets the stage for this supplemental appropriation of 2009 with the identification of capital projects that span more than one year and need to have funding re-appropriated to the current year. In Tuesday evening's session, you will be asked to approve the first reading of Ordinance No. 8 making supplemental appropriations and adjustments to the 2009 budget. The following information is provided for your review: • Second Budget Adjustment / Supplemental Appropriation Request of 2009 • Summary of Revenue, Expenditures, and Changes in Fund Balances - 2008 Actual Compared with Amended Budget and 2009 including Second Supplemental Appropriation • Ordinance No. 8 2008 RESULTS The town ended 2008 in a stronger financial position than expected through a combination of higher revenue and lower expenditures than budgeted. Specifically, the General Fund, Capital Projects Fund and the Real Estate Transfer Tax (RETT) Fund ended the year with surpluses/(shortfalls) of $32 million, $(12) million and $SS million, respectively. All three funds performed better than anticipated by the budget. Please see the chart below for an explanation of how the surpluses and/or variance to budget were generated: 2008 Results General Fund Ca ital Fund RETT Fund Revenue 33,809,761 11,933,349 9,789,678 Expenditures 30,641,592 13,105,608 4,270,685 Net Increase/(Decrease) to Fund Balance: 3,168,169 (1,172,259) 5,518,993 Budgeted Increase/(Decrease) to Fund Balance: 1,728,694 (7,911,857) (4,839,481) Variance to Bud et: 1,439,475 6,739,598 10,358,474 Variance due to: Revenue collections beyond budget 884,840 656,419 1,960,614 Projects continued in 2009 0 5,560,876 3,634,563 Savin s in ex enditures 554,635 522,303 936,160 Projects delayed to 2010 or beyond 0 0 3,827,137 Total Variance to Budget: 1,439,475 6,739,598 10,358,474 Higher revenue included a record year for sales tax, ski lift tax, real estate transfer tax, and parking revenue. 2008 sales tax collections of $19.6 million exceeded the amended budget by $231,366 or 1.19% and exceeded 2007 by $718,228 or 3.8%. The unbudgeted collections of $231,366 were all recorded into the Capital Projects Fund. Ski lift tax provided $33 million of revenue, up 7.8% from 2007. Real Estate Transfer Tax collections of $9.1 million were ahead of 2007 by $2.6 million, or 39%. Parking revenue of $4.7 million was up 4.2% from 2007. 4/2l/2009 7-2-1 Expenditures, meanwhile, were generally favorable to budget, with General Fund expenditures of $30.6 million below budget by $554,635 or 1.8%. The Capital Projects Fund expenditures came in below budget by $61 million, of which $5.6 million relates to ongoing projects, and $522,303, or 2.7% of expense savings. The RETT Fund expenditures came in below budget by $8.4 million, of which $3.6 million relate to ongoing projects, $3.8 million of delays to projects (to future years) and $936,160, or 7.4% of expense savings. 2009 SUPPLEMENTAL APPROPRIATION The purpose of this supplemental is to re-appropriate funds for 2009 capital projects that were started in 2008 and are continuing into this year, or projects that did not begin as planned in 2008. Staff is currently working on further adjustments to both revenue and expense projections, which will be presented to Council in June. Changes to budgeted expenditures are identified by color in two categories: Items marked in blue identify projects for re-appropriation due to surplus funds from 2008, either because the project was not completed, or had not been started as yet. Items marked in orange identify new projects, or increases to current projects. Details on the supplemental requests or adjustments are summarized by fund below. General Fund Revenue will be adjusted for $50,000 in sponsorship from Volvo for uniform coats this winter. The coats were purchased in 2008, and the revenue was received in 2009. The expenditure for the coats was budgeted in 2009, so this item will be reduced because payment was already made in 2008. Other revenue adjustments include a reimbursement by Vail Resorts of approximately $15K for future legal or consultant work on EverVail and $5,234 in grant money from the Northwest Council of Governments (NWCOG) to support the "Pay as you Throw" trash program. Both items are directly offset by the same amount of expenditure. General Fund expenditures are proposed to increase a total of $22,734. This includes $22K previously- approved by Council to determine the impact if Vail Valley Medical Center re-located outside of Vail. Staff is requesting $25K to cover the town's participation in a pooled lobbyist effort with other municipalities across the state. Although the fee paid to the lobbyist has increased based on the town's participating share, our participation has resulted in funding for bus purchases and the federal grant for a new transit center. Capital Proiects Fund Revenue adjustments include the contribution toward underground utility projects from the Holy Cross Enhancement Fund ($156K), and reimbursement for a transportation study from both the Colorado Department of Transportation (CDO'1) ($24K) and Vail Resorts ($lOK). All three reimbursements are directly offset by expenditures requested for those projects. Staff is requesting to supplement 2009 expenditures by a total of $6.0 million. Of this, $5.6 million represent projects budgeted in 2008 but not yet completed. Expenditures re-appropriated are detailed in the attached schedule (pages 4-6), and include projects already under contract. New projects or increases requested include the replacement of an obsolete parking meter system ($145K), an additional $48K for the historical scanning of town documents, a fire impact study of $15K, a traffic impact study ($30K) and continued legal and consulting fees regarding the redevelopment of Timber Ridge ($100K). -2- 4/2l/2009 7-2-2 Real Estate Transfer Tax (RETT) Fund Revenue adjustments include $149,458 in federal grant money for the Timber Ridge / Buffehr Creek path. These funds will offset a portion of the cost of that project ($700K). Staff is requesting to supplement 2009 expenditures by a total of $4.1 million. Of this, $3.6 million represent projects budgeted in 2008 but not yet completed. Expenditures re-appropriated are detailed in the attached schedule (pages 7-8), and include projects already under contract. Increases are requested for the Greenhouse project (an additional $150K based on revised cost estimates), Timber Ridge/Buffehr Creek path ($46K) and Seibert Circle ($100K). $125K was originally budgeted in the Seibert project to cover the relocation of the Morales artwork. This has been transferred to Public Art for implementation. In addition, the Seibert Circle project is requesting $100K along with the re-appropriation of $112K to cover final bills from the project. Dispatch Services Fund The Dispatch Services department facilitated the re-banding of radios for county-wide emergency responders. The expenditure is directly offset by reimbursement from the various agencies. Debt Service Fund Both principal and interest expense budgets need to be adjusted for the refunding of the 1998A Bonds which occurred in December, 2008. -3- 4/2l/2009 7-2-3 TOWN OF VAIL 2009 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERALFUND 2009 2008 2008 Vatiance 2009 1st 2009 2ntl Proposed Amentletl Actual Favl(Unfav) B.dget Supplemental Amentletl Supplemental Amended Comments Revenue Local Taxes'. Sales Tax Splitb/t Gen'I Fund & Capitzl Fund 60/r.0 59/r.I 61139 59141 59141 SalesTax 5 11.610.000 S 11 .610.000 S S1 1.860.000 5 (1.000.000) 510.860.000 S 10.860.000 PropertyandOwnership 5.293.500 /.309.622 16.122 1 ,293.500 /.293.500 5.293.500 SkiLillTax 3.123.852 3.277.703 153.851 3.190.000 3.190.000 3.190.000 Franchise Fees. PenalGes. and Ottter Taxes 926.110 1.075.209 Ir.9 ,099 899.935 899.935 899.935 Licenses & Pennlls 3.501 .950 3.903.026 101 .076 1.755.200 1 .755.200 1 .755.200 Inlergovemmenlzl Revenue 1 .705.060 1 .706.197 1 .137 1.308.719 1 .308.719 1 .308.719 TransportzlionGen[ers 5.111.880 /..816.505 (295.375) 5,680.711 5.680.7F15.680.7r% Chargeslor5ervices 821 .362 1.000.733 176.371 798.838 798,838 798.838 Fines & ForfeiWres 259.000 396.707 137.707 260.000 260.000 260.000 Earnings on Investmenls 585.000 571 .073 ('13.927) r95.000 195.000 /-95.000 Renlal Revenue 797.100 919.961 152.561 795.300 795.300 795.300 $SOK VoNO sponsorship of coals$i 5K reimbursemenl of EverVail Miscellaneous and Prqect Relmbursements 156.807 163.025 6.218 59.000 59.000 70.731 129.734 legel/coneulling bom Veil Resorte, $5,234 NWCOG eponeorehip of 'Pay as you Throw" program$500 sale of file cabinel lo Cty Total Revenue 92924,921 39.809.76~ 88/1 .8T0 31.396.236 (1.000.000) 30,396.236 70.73/90.466.970 Expenditures Salaries 13.371,331 13.319.99, 51 .337 11,119,592 (275.905) 13.8/.3.687 13.813.687 Benefits 1 .519.262 '..40:.800 11f./62 i..795.382 1130.0957 4.665.287 1.665.287 SublolalCompensalionandBenefts 17.890.593 17.724 .79^ 165.799 18,911.974 (106.000) 18.508.971 18.508.971 Gonlributions and Special Evenls 1 .399.706 1 .366.668 33.038 1.315.675 (1.3.550) 1 .272.125 1 .272.125 $25K Transil lobbyisl$22K hospi.l impacl sW tly$i 5K EvefJail AIIOIherOperaLingCxpenses 7.500.595 7.03A.794 661 .801 7,38343~ (221 .950) 7.161 .184 22.731 7.181.218 legel/coneulting,$5,234Peyesyouthrowprogrem,$SKetltlitionel Housing Stralegic Plan$500 new file cabinel$(50)K retluce expense for unROrm coals paitl in 2008 (relales lo VoNO sponsorship) Heavy CquipmentOperating Gharqes 2.2~7.650 2,35'1.269 (103.619) 2.1/~7.637 ('I'17.000) 2.030.637 2.030.637 HeavyCquipmenLReplacemenLCharges 631.02F 635.903 877) 678.88'I 678.881 678.88'I DispatchServices 535.67 533.161 2.153 5<3.072 513.072 5~3.072 Total Cxpendltures 30205227 29,650.592 554.635 30.983.673 (788,500) 30.195.173 22.734 30217.907 Revenuc Ovcr (Untler) Expentlitures 2.719.694 4.159.169 1.439.475 412.563 (211.500) 201.063 48.000 249.063 TranskrtoCapitalProjectsFund (1~11,000) (F.11,000) Wlnter EconomicMarketing Campaign (550.000) (550.000) Employee Home Owncrship Program (375,000) 125.000 (250.000) (250.000)TotalExpentlltures 31 .196,227 30.611 .592 551.635 31.358.673 (913.500) 30.115.173 22.73,~ 30~67.907 Surplus Net of Transfcrs & New Pro ra 1.728.694 3.168.169 1.439.475 37.563 86.500 48.937 48.000 937 Beqinnin, TundBalanc2 19.83r.,717 19,831~.717 21 .563.~ 11 21 563.r.I 1 1 .'39.175 23.002886 Entling Fund Balancc $ 21.563.411 $ 23.002.886 $ 21.600.974 $ 21.514.474 $ 21001.949 PercenLLCAnnualRevenue 65% Fi8% 69% 775% 4 ~21.'009 7 -3-I 4 TOWN OF VAIL 2009 BUDGET SUMMARY OF REVENUE. EXPENDITURES. AND GHANGESINFUND BALANCE GAPITAL PROJECTS FUND 2009 2008 2008 Variance 2009 ist 2009 2nd Proposed Amended Actual Favl(Unfav) Butlget Supplemental Amended Supplemental Amendetl Revenme SalesTax S 7.760.000 5 8.171.920 S /.'1l,920 S 7.5F0.000 $ 7.5r.0.000 S 7.510.000 Use Tax 582.000 608.r.83 26.183 1.000.000 1 .000.000 1.000.000 FederalGranLRevenue 815.577 815.577 1.100.000 1 .<00.000 1.100.000 Cagle Coun[y Grant Revenue 317.000 50.000 (261.000) Lzase Revenue 187.800 138.160 360 188,550 188 .550 188.550 Cmployee Housing Fee-In-Lieu 503.000 529.i81 26.181 cg,ppp t.g,ppp eg,ppp PrqecLReimbursement 565.000 982.360 /.17,360 - - 190.000 190.000 RepaymenLOlLOans 30.000 30.000 CamingsonlnvesLmenLSandOther 5~6.553 557.968 10,815 18.750 18.750 18.750 Total Revenuc 11276.930 11.933.349 656.419 10.195.300 10.195300 190.000 10.385.300 Expenditures Land I Property Purchases AllzirUnit 178.066 178.180 (111) Gore Ranpe Condo Un71s2E & 3W 599.152 599.961 (509) Caoital Maintenance Exocntlitures BusShellars 79.351 25.566 53.788 30,000 30.000 30.000 ParkingSVUCWres 1 .163.216 759.598 103.618 180.000 180.000 282,618 752.618 Facill[les 568.817 532,918 35.899 755.000 755,000 755.000 Buildinq Remodels 55,000 55.000 55000 Creekside Housing IrrorovemenLS 60.000 60.000 60.000 Donovan Park Pavilion 13.000 12908 92 - - - SUeetLightlmprovemenls 75.000 72.724 2.276 75.000 75,000 75.000 GapitalSUeeLMaintenance 1 ,702280 1 .696.772 5.508 1 .505,000 (19.F13) 1 ,185.587 1.185.587 Flammable storage / Mag Chlonde contalnment 21 .000 5 .600 18.,00 - - 18,400 18./.00 Wesl Vail FIre SLtion- Planning / Design 329.229 6,900 322.929 - - 322,329 322.329 Replace AM530 radio syslem 50.000 q5.365 1,635 Audio Visual (Counal video.SecunLy. Policz caf video) 32000 31.8r6 1 54 61.150 61 .150 61 .150 Documentlmaging 350.000 243.301 106,699 - - 154,699 151 .699 Soltware Llcensing 8.500 - 8.500 fi8,200 68.200 68.200 Hardware Purchases 64.838 65.599 (1.161) 81 ..380 8t.380 8,.380 Dalz Genter (GOmputer Rooms) 35.500 - 35.500 12000 12000 35,500 <7.500 Website and e-commerce 30.000 13.050 16.950 28,500 28.500 28.500 Gomm Dev ArcG15 System - - - 52000 52,000 52000 erOpticsinBu~ildings 30.000 2/-,'17g 5.82'I 15,000 15.000 '15.000 Nelwork upgrades ~.3..78 39,~~27 1.051 18.300 18.300 '18.300 Gom uLerAided Dispatch (GAD) / RMS Prcect 58.6/0 58.959 (319)51 .650 51 .650 5'I.fi50 :}~21~71109 s- 7_3_' TOWN OF VAIL 2009 BUDGET SUMMARY OF REVENUE. EXPENDITURES. AND GHANGESINFUND BALANCE GAPITAL PROJECTS FUND 2009 2008 2008 Variance 2009 ist 2009 2nd Proposed Amended Actual Favl(Unfav) Butlget Supplemental Amended Supplemental Amentletl Gomin Dev Interactive Permitsoltware - - - 25,000 25.000 25.000 VehideGrpansion 61.,11 11 .681 16.730 18.000 18.000 16.730 31..730 C Vail RadloTOwer 5,000 5.000 Maintenance Paitl for by Capital Funtl 4.724.263 3.679.793 1.044,470 3.394.180 (11413) 3.374,767 830276 4205.043 Caoital Reolacement Exoentlitures WesLMeadowDnve 1 .720.000 1.119,317 600.689 - - 600.683 600.(183 Village Slteelscape 1 .128.761 36.055 1 .092.706 - - 1.092.706 1.092,706 NeighborhoodROadReconstruction 150.000 150.000 50.000 50.000 150 ,000 200.000 Neighborhood Bndge ReconsUuclioit 75.000 75.000 75,000 75.000 75,000 150.000 FireBreaLh7ngApparaWS - - - 180.000 180.000 - 180.000 ParkingCntrySystem/Equipinent 52985 51 ,750 (1.765) 145.000 115.000 RadioCquipmentreplacement(pub.werks.pub.safety) 515.500 513,280 2.220 227.000 (227.000) OlliceCquipmen1 >55.000 11 .635 7.970 6.665 9.000 9.000 9.000 HeavyCquipmenlnewcapll2l 3.r00 3.4p0 Generator -MunicipalBuilding/Dispatch 250.000 229.876 20.121 20.121 20.127 RePlace Buses 3.8,10.297 3,688.836 151.161 1e3.n,00 143.100 30.000 173.100 Replacement Paid for by Capital Fund 7.780.578 5.680,084 2.100,494 684.400 (227.000) 457.400 2.113.513 2.570.913 PropertyTaxlncroment - Resenetl 441.000 441.000 441.000 I<i.000 Other Improvements Buy-down Program 500.000 500,000 500.000 Pilkin Greek Unil 7.350 6,051 1 .296 - Variable Message Signs/ Way-Finding Improvemenls 36.f16 25.113 10.973 180.000 180.000 10.973 190.973 1-70 Noise 1.079.282 27.613 1.051.639 - - 1,051.639 1 ,051.639 1-70FiberOptcs 909.128 710.3<7 168.781 - - 168.781 168.781 UndergroundU[ilityimprovements 212.783 153.296 59.r.87 156,000 156 .000 ManorVailStreetPlan 100.000 16.200 83.800 83,800 83.800 GhamonixAreaPlanning 119.871 149.762 109 30,000 30.000 30.000 WesLVailAreaPlanning 3.:06 3106 Housing5[rategicPlan 25.3rl 12067 13.271 LH Parking SIrLCWre Redevelopment 6F.857 55.009 9.848 FirelmpactFeeNexussWdy - - - - - 15,000 15.000 Trallic Impact Fee sWdy 30,000 TiinberRidgeLegal/ZOning 63.927 11 .520 19.107 - - 100.000 100.000 :}~21~71109 s- 7-7-7 TOWN OF VAIL 2009 BUDGET SUMMARY OF REVENUE. EXPENDITURES. AND GHANGESINFUND BALANCE GAPITAL PROJECTS FUND 2009 2008 2008 Variance 2009 ist 2009 2nd Proposed Amended Actual Favl(Unfav) Butlget Supplemental Amended Supplemental Amendetl Timber Ridge Debt5ervice Guarantee 925.000 925.000 925,000 925.000 LionsHead Improvemenls 32,212 18.579 (16,337) - - 34.000 3F.000 B-io-Ma11 S1,dy 50.000 50.000 50,000 50.000 Total Othet Improvements 3.659.603 1278.920 2.380.683 710.000 710.000 2.625.193 3305.193 Total Capital before Financing 17.382.962 11.416.938 5.966.024 4.788.580 (246.413) 4.542.167 6.009.982 10.522.149 Debt Scrvice and Financing Debt Sefvlce on OuLSlanding Bonds 2.321 .825 2.20<.670 117.155 2.266.775 2.266.775 31.316 2.298.121 TranslertoVal ReinveslmenlAUthority 1.100.000 1 .100.000 1 .100.000 rrznsierir- oisuzlon rLIIIa (7s.ooa) (7e.oao) rransrer irom Generai ruI,d ia<1,0007 iK41.000) Total Debt Scrvice and Financing: 1.805.825 1.688,670 117,155 1666.775 1666,775 31.346 3.698.121 Total Expentlitures 19.188.787 13.105.608 6.083.179 8.455.355 246.413 8208.942 6.041.328 14220,270 RevenueOver(Untlcr)Expenditures (7.911.857) (1.172259) 6.739.598 1.739,945 246.413 1.986.358 (5.851.328) (3.834.970) BeginningFundBalance 10,151 .128 10.151.128 2.212271 2.242271 6.739.598 8.981 .869 Entlin9 Funtl Balance 2242271 8.981,869 6.739.598 30982216 4228.629 888270 5.146.899 Unfundetl CapitalProjects WesLVail~ire5lzion 2.760.000 2.7G0.000 2.760.000 Total Unfunded Plrojects 2.760.000 2.760.000 2.760.000 Ending Fund Balance Inc1. Unfuntled list 2242271 8.981.869 6.739.598 1222216 1.468.629 888270 2.386.899 :}~21~71109 ~ 7-3-4 Blue = Re-appropriation of 2008 funds for ongoing projects Orange= New items or an increase in budget Comments 51,4 M in'09 and 53.6M in'10 torGansitcenter HolyGfoss utility enhanceinentlund $'156K'. reimbursemenLlor[ran sportahon sWdy S24 K Irom GDOT2nd S'IOK Irom Vail Resorls Ghildren's Garden of Leaning loan balance at2009 is 525K'. VRA SO Based on eamings at.5 Fo Clevator replacement completed in 2009'. other normal repairs to parking sUucWres 2009 repair PW shop rool and various repairs Lo municipal lacililies. 2010 re- oof the Library : rool repalrs Lo E Vail Fire Stn On-cloinp minw remodels ol various Town facilities Need legul plumbing. elecUical wiring. rooling. elc. 2010. SvOK IumiWre replacement. S400K Lo change ventilation &imptove noise Addn ew streel IighLS and refurhish residential Ilghting proqram On-going mainlenance lo raads and bndges induding asphaltoverlays. patching and repairs Secondary conLinmenlaround Mag Lnk / remove glycol tank to meet on[ainment recluire.menls Continue planning and design process,Design lirm has been selected 09 Council chamber streaming video'. "IO police car cameras Re-appropriate Sl 07 K lor mnlracl posfon and scanne r mtce lor current & IuWre imaging'. Requesting anolher $r.gK Ier continued histerical scanning. linal paymentto sottware vendorand hardware lor both scannerand server Upgrade Microsoltproducls on all equiyment. replacement PG's. se e upgrades. AS~~.00. These upgrades occur every35 years on a rolaLOit schedule Scheduled rotation of PGS. printers and se Ners Fire suppression in computer reoms'. maintenance . security and power systems lor 3 rcoms Internet security & amplication interfaces'. Nebsite redevelopment"2008/09 W eb access lo lown GIS inlonnation (similaf to Gounty's website GIS product) Gabling / Network InfrasUucWre. to repair ainlain & upgrade Goinpuler network systems - replacemen l cyle every 35 years GounU -wide"GOmu[erAidedDispatch/RecordsMpmLS stem" :}~21~71109 a 7-3_5 Blue = Re-appropriation of 2008 funds for ongoing projects Orange= New items or an increase in budget Comments Upgrade ol Permit Plus sof[ware . companywill discentinue supportol our curt ent system 2009 contin ued set up of Police Volvos 6'16K. Forklift lor P W 5l 8K Gomplelion ol prqects under conUact. FuWre work may indude Gheckpoint Gharlie. Covered Bridge. etc. GompleGOn ol prejecls undercontract. FuWre work may indude Checkpoint Gharlie. Cevered Bridge. etc. Overhaul residential streels - 2009 designGonsUUCtlon in 2010 Ovedhaul residential bndges -2009 desiqn'. GonsGuction in 2010 ReVlacementol all (30) cylinders/comqressors'. Older model currenlly used noLellect,ve Melered lots'. equipment obsolete and not servicable by vendor Replacementol'1998 radics IcrPW. Fire. PD'. delayed 09 GIS Cquip 2009: work fnished up in 2009 / balance due on a conUact 2009 for spare parts on new hybrid buszs - stocking parLS reduces downtime when busesneed serviang.20'10. 6 regularbuses Gontinue Lhis reserve lor unident,fied projects Increased to $500K per year as of 2009 per Housing Strateqic Plan 09 Vail Village wayllnding signs on order'. $1 80K for Main Vail round-about& Four Seasons'.'10 Solaris For'09. design on CV berm is 60% complete. $20-25K [o flnish conshuctIon documenls. Gonslruction of berm woWd be phased'. cosls not known at this fime but re-apprqpriate for lu W re construction 2009: projecl nearing completion'. Town will have fiber optic connection lo I-70 orridor for improved public setety communica Gons Transfer ol utillty Iines from above ground to underground. Goordination witti Holy Gross on prqec[s and funding Irom Gommunity Cnhancement Fund as well as homeowners'. offsetby $156K revenue above Expenditure related to impact lee paid by Manor Vail development Gontinued work on Chamonix area planning Ne.hs siinay to aeiermir,e reaeveioamer,i ~maaci or, ro-e oeaanmer,i S[udy to determine redevelopmnet lmpact on Lraffic / potenfial revenue. identilled as a nextstep in transportalion plan Re-appropriaGOn of S'19K. plus an addilional S81 K Lo mmlete the second phase oh negoliating a conVact and Lo recogn- incremenlzl cosls due to a higher number ol respondants q 21 '009 g_ 7-3-6 Blue = Re-appropriation of 2008 funds for ongoing projects Orange= New items or an increase in budget Comments Annual debt serv Ice gua rantee - requirement of TR debt Design costs lo implement Town improve ents (ollsetby conUibutions from vao Resons ar,a coor) . cor,so-a,siion oos[s ior LH Reaeveioamenl wu oe wiaea rromaeoeioueroooo-,5LIoor,s. nr tt omersonroes Gurrenlly researching Bio-mass oplions Adjustdebtservice lund payment for relunding of bonds :}~21~71109 1o- 7-3-7 TOWN OF VAIL 2009 BUDGET SUMMARY OF REVENUE. EXPENDITURES. AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX Blue = Re-appropriation of 2008 funtls for ongoing projects 2009 Orange = New items or an increase In budget 2008 2008 Variance 2009 2ntl Proposed Amentled Actual Fav/(Unfav) Budget Supplemental Amentletl Gomments REVENUE RealCSlzteTranslerTax S 7.230.000 S 9.091 .917 S 1.861.917 S 6,2^+1 .000 5 6.211.000 FederalGranLS 2.100 2./00 149,458 149.458 FederalgrantfortheTmberRidge~BUlfehrCreekpath Goll Course Lease 126.708 122.010 (<,698J 120.000 120.000 Annual lease paymenl Irom Vail Recreation District VRD repayinenl lor promissory note 352.325 352,325 Notz hased on 51.6 M loan at"35'% over 5 years InLergovenmenlzlRevenue 20.000 21 ..511 1 .51/20,000 - 20.000 LotLery proceeds PrejectReimbursements 6 .000 1.102 p,898) 2.500 2.500 1sLBanksponsorshipolshoppingbags RecrealionAmenityFees 55.000 51.822 (178) 25.000 25.000 Annualeslima[e EarningsonlrnesLmenLSandOther 388,956 ~~89.913 100.957 162.500 162 .500 Tolal Revenue 7.829.064 9.789.678 1,960.614 6.920.825 151.958 7.072.783 Gaoital Maintenance Exoenditures Annual Park and Landscape Maintenance 1 .311 .066 1.1r,3.289 167.777 1,365.882 1 .365.882 Ongoing palh. parkand open space maintenance. prqectinqml ManagemenL Fee to General Fund (5% ) 361.500 h35.055 (73.555) 312.050 - 312.050 5'/ol RCTT Golleclions- lee remiLted to Ihe General Fund lor adininisVation Rec.PaLhCapItalMaint 98/.262 325.111 59.1 rg 153.5~0 51,000 20r.,510 Capitalmaintenance ollhelown'srecreationpathsystem'.'09re-appropnationforrecpathwaylindingsigns ordar Tree Maintenance 115,931 65.986 1.9,945 60.000 49,954 109.95~ Regular maintenance lor Vee heallh wilhin Ihe town (spraying. removing. new Uees) '.'09 to mnlinue with scale spraying on Lown-o nz wd prope rty at app rox. &'120 per hee Foresl Heallh Management 531.808 259.607 272.201 265.000 - 2b5.000 Plne beelle mltiga[ion im mnjunction w/ lorestservice SUeeLFurniWreReplacement 26.113 11 .178 11.965 20,000 11.965 31 .965 AddilionsandreplacemenLOlslreeLlum~iWre.'09re-approprialion[oexpandbikerackinsLllations(atapprex. S'I.000 per bike reck) Park/PlayqroundCapilalMaintenance 125.229 121.368 861 1 10.000 110.000 Tomainlzinplaygrounds.restrooms.etc. Donovan Park Building 29.631. 29,531. AlpineGarden5upporl 90.000 90.000 55,620 - 55.620 Annualsupportat3%:increaseperyear Black Gore Greek Sand MiLigaGOn 18t,000 93.131 90.569 90.000 90.569 180.569 Annual support ol waLar proLection programs09 re-a~ropriaLion to move a waterline to make room lor additional sand retention TotalCapitalMaintenancc 3.159.573 2.551.028 608.545 2.432.092 203.488 2.635.580 Other Improvements MeadowDnveSUeelscape 1.050.000 638,212 788 411,7$8 i.11 ,788 09forWesLMeadowDrive(Libfary LOVailROad).ongoingcosLSUnderconUact Ka[sas Ranch Blke Path 316 ,887 223.020 123.867 - 10,000 10,000 09 for welland re-vegetaGOn -the lastlzsk in resurlacing rec path from Sunburst lo E. Vail Gascade B-ike Palh 6 .977 6,977 Widen recreation patYt Irom W. Haven to Lennis courts Tmber Ridge-BUffehr Creek Rd separation 501,212 - 501, ,212 - 700.000 700,000 Path Irom TimberRidge Lo Rcost. cllset by Federal Grant ol approx. S150K. S46K additional lunds necessary Lo comply with federal lunding requiremenLS and onginal costestimates wzre Irom 2007 Lionshead Lo Meadow Dr 202,500 202.500 Improvemen[a Lo exrting hike path along Lhz sUeam Trailhead Development / Improveinent 33.250 19.'In.9 '14.10'I 23,200 23.200 Improve Ualheads'. Gontinued need Lhrough 2012 ~one [rail per year) Shared cosLS wiLh VRD - ADAaccessatreaeational lacililies'.'09 re-appropriation lo remodel resUOOm at ADA Cempliance w/ VRD 100.8R9 24.968 75.881 10.000 75.881 85.881 goll course hole 913. LH auxilliary hldg ADA lmprovemenls (Iift) and a ramp/restroom upgrade atthe Clubhouse Recreation Master Planning 79.543 73,128 6.1,15 Gonceptand design el recreation assetimprove enLs SUeamwalkADA& SaIeLyimprovemenLS 225.000 10.014 211.986 1,033 1 .033 Tecoveraremainingengineeringbill Greenhouse 100.000 100.000 - 250.000 250.000 AddlGOnal $'ISOK based on revised cost estimates (previously esGmated a[a to121 0l S/.OOK) Frontage Road Bike Lanes/irails 1 .275,000 - 1.275.000 - 150.000 150,000 ConsUuctwidened 6'shoulders along all Ironlzpe rcad> . flrst priontyls Blue Gow Chute Lo CasL Vail. path Irom Vail Mtn School lo C Vail exiL. 2009 lor design. a nstruction is budgeted in 20'IO Ford Park Master Plan- Improveinenls 'I 581 .31~0 1 .581.3'0 750.000 750.000 Re-appropriation from2008 lor master planning and parking survey work'. re ainder l0 2010 Seibert Gircle 323.230 85.531 237,696 - 212.696 212 696 Transferng 5125K to PubhcArt lor relocation of Morales. Addilienal $lOOK to fnish bill paymenLS en work ompleted Raw Wateri Irngation Gonlrol 9.927 /~,175 5.752 5,752 5.752 09 1. covzr a remaining bill Irom Cagle River Waler & San~iLGOn DisUict KayakTake-out 10.000 10,000 1 0.000 10.000 Kayaktzke -outareaalongsUeam(part olWlllowsdevelqpmentagreement) SUeam Tract CncroachmenLSurvey E1,881 64.881 61 ,881 64,881 Survey along Gore Greek :}~21~71109 a 7-3-8 TOWN OF VAIL 2009 BUDGET SUMMARY OF REVENUE. EXPENDITURES. AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX Blue = Re-appropriation of 2008 funtls for ongoing projects 2009 Orange = New items or an increase In budget 2008 2008 Variance 2009 2nd Proposed Amentled Actual Fav/(Unfav) Budget Supplemental Amentletl Comments Red Sandstone Park - Per Safety plan 1~65.037 205 16+1.832 _ 161,<832 ~61 832 ReconsUuction ol playground per salety plan'.20 years old'. in-house design airrently undervvay and stall vorking on a plan lo deal with parking and ADA requiremenLs Lionsheadpark 1 .067.000 720 1 .066.280 Newpark-IOCalionnoLdetermined'. delayprojectfornow DonovanPark 15.109 166 11 ,913 - Xericgarden'.consUuctaddilionalpicnicshelter W hite Water Pafk 18.325 27.958 20,377 - 5,000 5.000 3rd hole I bladder system at Whltewater Park - lastpart of prqectis to program Lhe water feaWre's system SkaLePark 65.000 18.92e 16.076 Percouncilsreques['10/'19/O~-temporary skatepark Bear Procl Conlainers 2.578 2.578 - In TOV parks & Ualheads. bring our cans lnto compliance ArtlnPublicPlaces - Programs/AR 261 .516 131.537 132.979 75.000 140,166 215.156 TopurchasesculpWres.artwork.artprogramsandevenls'.remainderisreappropriatedeachyearto cumulate enough lunds. 57K addlional Irom nel proliLO12008 Manhole cover sales PublicArl - MOralesrelecalion 125.000 125,000 Translzrredlrom5eibertprojecLlocovercoslolrelocaLingtheMOralzsarlwork PublicArl - MeadowDriveEnlry 85.000 - 85.000 - 85.000 85.000 Transterredin'081romsVeelscapeprojecLLOCO,ercosLOfnewMeadowDriveenlry feaWre PublicArt -(Jperaling 65,275 78.157 (13.182) 81.359 - 84.359 AIPPSalary andoperalingexpensesrelaledtoRCTT Landscape Medrans 570.000 16.502 553.198 300,000 900.000 Frontage road medians alongslde redevelopment projecLSworking on lighting plan lor in Irent ol Selaris. Vall Pla, andFourSeasons.re ainderLO20'10 PubGC Restrooms 78.659 58.075 20,581 _ 09 Tear down and rebuild (and enlarge) Ford Park restroom'. Res[rooms al W. Meadow Drive & Vail Road'. Per'10~2'I Mliq. pushed Irom'091o 10 CrnironmentalSUSLlnability 312.711 221 .512 91.169 255.000 60,000 315,000 Re-apphopriaLeforluWreprqeclssuchasenergyefficiencysWdiesofmunicipalbuildings.reqdingprograms. e tc. OpenSpaceLandACquisition 551.019 551,01 9 Gapital Paid for by RETT Funds: 9.301,655 1.662.576 7.639.079 650.059 3.822.019 4,472.078 VRD-Managed Facility Projects Recreation CnhancemenLACCOUnt 120,000 120.000 Reserve account lor uoll course improvements -lunded by annual lease revenue GoIlGOUrselrngaGOn - VRD'sportion 1 .607.522 1.607.522 FinanceVRD'sporiionollrrigaLionsystemreplacemenl(5-yearpayback) Goll Gourse IrngaGOn 1.607.522 1.607.522 Based on estimales Irom Bome Cnpineefing. spIIL50% wilh VRD Goll Gourse Glubhouse. Slzrter Shack. etc. 602.175 602.175 Improvemenls to maintenance building and main du6house Goll Course- Other ImprovemenLS 634 .737 63i.737 ADA access Lo dubhouse. bridge and relzining wall repairs Dobson Ice Arena 98.906 38.91,3 59,963 1.085.993 1 .085.993 09 Roof and central air repair'. outer years lighling and locker rooms Ford Park/ TznnisGen[er Improvemenls 78.800 16.800 62,000 115.986 62000 177,986 'y'h'alkwas & restroom rool.'1OOUtbuilding. relzin~ing s and lenang09 re-approprialicn forcentinued relurbishing ol Ford Pafk Lenms courts per lease agreement. delays due Lo park master planning AlhleticFields 20,280 20.280 09irrigatonsyslem'.'12asphaltoverlayof parkinglot YoulhService s 161.983 161.983 09ADAaccessandlurnaces Gymnaslics Genler 29.fi'I'I '1.338 28.273 30.62'I 30.62'I 09relziningwalls.'1Omechanicalimproveinenls Total VRD-Managetl Facility Projects 207.317 57.081 150236 5.989.819 62.000 6.051.819 Total Expenditures 12.668.545 4270.685 8397.860 9.071.970 4.087.507 11159.477 RevenucOver(Untler)Expenditures (4.839.481) 5.518.993 10.358.474 (2.151.145) (6.086.694) BeginningFundBalance 11.769.273 11.769.273 6,929.791 10.358.17r, 17.288.266 Ending Fund Balancc $ 6.929.792 $ 17288266 $ 10,358.474 $ 4.778,646 $ 10.358.474 $ 11201.572 :}~21~71109 g_ 7- 3-') TOWN OF VAIL 2009 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE DISPATCH SERVICES FUND 2009 2008 2008 Variance 2009 2nd Proposed Amended Actual Fav I(Unfav) Budget Supplemen[al Amended Comments Revenue E911 Board Revenue S 607,183 5 607,183 S S 657,015 S 657,015 Interagency Charges 1,050,499 1,050,499 1,157,497 1,157,497 Town of Vail In[cragency Chargc 595,657 539,164 (2,493) 543,072 549,072 Eamingsonlnvestments 12,000 18,769 6,763 12,142 12,142 Rc-banding radio project; TOV facilitated project Othcr 7,500 7,500 69,750 69,750 across County with other agcncics Total Revenue 2,205,279 2,217,049 11,770 2,369,726 69,750 2,439,476 Expenditures Salarics & Benefi[s 1,606,676 1,588,183 18,493 1,792,699 1,732,699 Operating, Maintenance & Contracts 478,511 459,767 18,744 499,535 499,535 Rc-banding radio project; TOV facilitated project Capital Outlay 142,000 50,121 91,879 135,000 69,750 204,750 across County with other agcncics Total Expendi[ures 2,227,187 2,098,071 129,116 2,367,234 69,750 2,436,984 Revenue Over (Under) Expenditures (21,908) 118,978 140,886 2,492 2,492 Transfer to Capi[al Projects Fund (75,000) (75,000) Beginning Fund Balancc 918,366 918,366 821,458 140,886 962,344 Ending Fund Balance S 821,458 $ 962,344 S 140,886 S 823,950 $ 10.0,886 $ 964,836 421 '009 7-3-10 TOWN OF VAIL 2009 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE DEBT SERVICE FUND 2009 2008 2008 Variance 2009 2nd Proposed Amended Actual Fav I(Unfav) Budge[ Supplemental Amended Commen[s Revenue Adjust for debt service payment fro m Gapital Transferfrom Capltal Projects Fund S 2,321,825 S 2,204,670 S (117,155) S 2,266,775 31,346 5 2,298,121 Projects Fund Eamings on Invcstmcn[s 50,830 50,830 To[al Rcvenue 2,321,825 2,255,500 66,325 2,266,775 31,346 2,298,121 Expenditures Remove 1998A Bonds and add 2008 Bonds to Principal 1,890,000 1.890.000 2.000.000 (20.000) 1.980.000 budget(re5nancingdoneinDec.'08) Remove 1998A Bonds and add 2008 Bonds to In[crestExpense 492,996 432,995 1 266,775 29,520 296,295 budget(refinancingdonelnDec.'OS) Additlonal fees related to the refinancing of the Fiscal Agent Fees 2,500 2,500 2,500 4,450 6,950 1998A Bonds I set up of the 2008 Bonds Refunding Bonds Issuancc Costs 115,760 115,741 19 Total Expendi[ures 2,440,656 2,440,636 20 2,269,275 13,970 2,283,245 Revenue Over (Under) Expenditures (118,831) (185,136) (66,305) (2,500) 17,376 14,876 Other Financing Sources (Uses) Procceds of Refunding Bonds 6,503,221 6,503,221 Payments [o Refunded Bonds Escrow (6,396,461) 6,396,461 To[al Other Financing sources (Uses) 106760 106760 Beginning Fund Balancc 252,710 252,710 240,699 (66,305) 174,934 Ending Fund Balance 240,639 174,334 (66,305) 238,139 (48,929) 189,210 421 '009 7-3-II . ~ VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 21, 2009 ITEM/TOPIC: Ordinance No. 9, Series of 2009, an Ordinance Amending Title 1, Administration, Vail Town Code by the Addition if a New Section, "Restitution Orders" to Chapter 4, General Penalty; and Setting Forth Details in Regard Thereto. PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 9, Series of 2008, on second reading. BACKGROUND: The Vail Municipal Court requires the ability to impose restitution in criminal actions where a defendant has been adjudged guilty for violating an ordinance of the Town for any actual damage or loss caused by the offense or infraction for which the conviction or judgment of liability was had. The victim of a crime are entitled to be compensated for their losses and hereby finds that it is in the best interest of the citizens of the Town to revise the Town Code by amending Title 1 with the addition of a new subsection, "Restitution Orders" to Chapter 4, General Penalty. STAFF RECOMMENDATION: Approve, approve with modifications, or deny Ordinance No. 9, Series of 2008, on second reading ATTAC H M E NTS : Ordinance No. 9, Series of 2009 4/2l/2009 ORDINANCE NO. 9 SERIES OF 2009 AN ORDINANCE AMENDING TITLE 1, ADMINISTRATION, VAIL TOWN CODE BY THE ADDITION OF A NEW SECTION, "RESTITUTION ORDERS" TO CHAPTER 4, GENERAL PENALTY; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under 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 Vail Municipal Court requires the ability to impose restitution in criminal actions where a defendant has been adjudged guilty for violating an ordinance of the Town for any actual damage or loss caused by the offense or infraction for which the conviction orjudgment of liability was had; and WHEREAS, the Council declares that the victims of a crime are entitled to be compensated for their losses and hereby finds that it is in the best interest of the citizens of the Town to revise the Town Code by amending Title 1 with the addition of a new subsection, "Restitution Orders" to Chapter 4, General Penalty. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 1-4-1 of the Municipal Code of the Town of Vail is hereby amended with the addition subsection C. "Restitution Orders" to read as follows: 1-4-1: GENERAL PENALTY: C. Restitution Orders: (a) The Municipal Court has the ability to order restitution in cases where a victim suffers actual losses or can show future costs for treatment. Any order for restitution entered pursuant to this Section shall be a final civil judgment in favor of the Town and any victim. Notwithstanding any other civil or criminal statute or rule, any such judgment shall remain in force until the restitution is paid in full. The entry of an order for restitution under this Section creates a lien by operation of law against the defendant's personal property and any interest that the defendant may have in any personal property. Any order of restitution imposed shall be considered a debt for "willful and malicious" injury for purposes of exceptions to discharge in bankruptcy as provided in 11 U.S.C. § 523. (b) Any order of restitution may be increased or decreased upon a showing of good cause. If more than one (1) defendant owes restitution to the same victim for the same pecuniary loss, the orders for restitution shall be joint and several obligations of the defendants. Ordinance No. 9, Series of 2009 4/2l/2009 8-1-1 (c) Victims of traffic accidents cannot request restitution if the vehicle they drove, regardless of ownership, did not have insurance coverage. Nothing in this Subsection shall prohibit a passenger in the vehicle from being awarded restitution if the driver or passenger was not covered by his or her own medical payments coverage policy. (d) Nothing in this Chapter shall be construed to limit or abrogate the rights and immunities set forth in the "Colorado Governmental Immunity Act," Article 10 of Title 24, C.R.S. Section 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 effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. 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 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of April, 2009, and a public hearing for second reading of this Ordinance set for the 21St day of April, 2009, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 9, Series of 2009 4/2l/2009 8-1-2 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 21St day of April, 2009. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 9, Series of 2009 4/2l/2009 8-1-3 . ~ VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 21, 2009 ITEM/TOPIC: Review of the proposed South Frontage Road Relocation Application (Ever Vail). PRESENTER(S): Greg Hall, Tom Kassmel ACTION REQUESTED OF COUNCIL: Endorse, Endorse with Modifications or Reject the proposed preliminary plans and design drawings for the proposed relocation of the South Frontage Road., adjacent to the proposed Ever Vail development in anticipation of submitting an application to the Colorado Department of Transportation (CDOT) for review. BACKGROUND: Vail Resorts Development Company (VRDC) is proposing to realign the South Frontage Road. adjacent and parallel to I-70 to enable the development of Ever Vail. As this road is owned and operated by the Federal Highway Administration (FHWA) via CDOT, the relocation must be approved by CDOT/FHWA. The Town has reviewed the preliminary road relocation plans and believes VRDC is at a point in which CDOT comments are critical. According to adopted CDOT application policies and procedures, the relocation application must be submitted by the Town of Vail as the local government agency. All costs associated with the application and its review shall be reimbursed to the Town of Vail or paid directly by VRDC. STAFF RECOMMENDATION: Endorse the South Frontage Road relocation application submittal with the understanding that this endorsement is not an approval of a development plan to construct the road and is only an acknowledgment of preliminary acceptance of the design drawings. An endorsement of the application will allow town staff to submit the preliminary design drawings of the proposed South Frontage Rd., adjacent to the proposed Ever Vail development, to the Colorado Department of Transportation (CDOT). ATTAC H M E NTS : Town Council Memorandum EverVail Plans 4/2l/2009 MEMORANDUM TO: Vail Town Council FROM: Public Works Department DATE: April 21, 2009 SUBJECT: South Frontage Road Realignment Endorsement and Application to CDOT on behalf of the Vail Resorts Development Company 1. DESCRIPTION OF REQUEST Vail Resorts Development Company (VRDC) has proposed to realign the South Frontage Rd. adjacent and parallel to I-70 to enable the development of Ever Vail. As this road is owned and operated by the Federal Highway Administration (FHWA) via the Colorado Department of Transportation (CDOT), the realignment must be approved by CDOT/FHWA. The Town has reviewed the preliminary road relocation plans and believes VRDC is at a point in which CDOT and FHWA comments are critical. As the local government agency, the application must be made by Vail. All costs associated with the application and review will be reimbursed to the Town or paid directly by VRDC. Staff is recommending that the Town Council endorse the South Frontage Rd. relocation application submittal with the understanding that this endorsement is not an approval of the road and is only an acknowledgment of preliminary acceptance of the design as we currently understand it, in order to facilitate a preliminary review by CDOT and FHWA. And direct staff to work with VRDC to submit the preliminary design drawings for the realignment of the South Frontage Rd., adjacent to the proposed Ever Vail development, to the CDOT and FHWA. A vicinity map of the development site and surrounding area has been attached for reference. (Attachment A). A copy of the proposed preliminary plan (Attachment B), the proposed relocated South Frontage Road Option 15 with Simba Run (Attachment C), and a set of cross-sections (Attachment D) are attached for reference. II. BACKGROUND On February 6, 2007, the Vail Town Council adopted Resolution No. 4, Series of 2007, which implemented the changes to the Lionshead Redevelopment Master Plan regarding West Lionshead and the area now called Ever Vail. On January 26, 2009, the Planning and Environmental Commission held a work session at which a revised Frontage Road option was presented to both staff and the Commission which had not been previously shown. The general consensus was that 1 4/2l/2009 9-1-1 the Frontage Road was moving in the direction of addressing the concerns of the Commission. On February 17, 2009, the Town Council directed staff and the applicant to proceed forward with the design of the South Frontage Road which contained certain improvements within a 20-foot Town of vail right-of-way. On February 18, 2009, the Design Review Board conceptually reviewed the proposed South Frontage Road and found the concepts presented for the proposed retaining wall and landscaping associated with the relocated South Frontage Road to be aesthetically acceptable with further review at a latter date. On March 9, 2009, the Planning and Environmental Commission tabled this application due to concerns expressed by the applicant with regard to the condition recommended by staff with regard to the future ability to shore under what was being proposed as a 20-foot Town of Vail right-of-way. On March 23, 2009, the Planning and Environmental Commission approved with conditions the limited element preliminary plan for the Ever Vail Subdivision. III. STAFF RECOMMENDATION The Public Works Department recommends that Town Council endorse the South Frontage Rd. relocation application submittal to CDOT and FHWA, and that the Town Council directs staff to work with Vail Resorts Development Company to submit the preliminary design drawings for the realignment of the South Frontage Rd., adjacent to the proposed Ever Vail development, to CDOT and FHWA as appropriate. Should the Town Council choose to endorse the configuration and design of the relocated South Frontage Road, the Public Works Department recommends the Council makes the following motion: "The Town Council endorses the South Frontage Rd. relocation application submittal to the Co/orado Department of Transportation (CD07) and the Federal Highway Administration (FHWA) with the understanding that this endorsement is not an approval of the road and is only an acknowledgment of preliminary acceptance of the design as we currently understand it, in order to facilitate a preliminary review by CDOT and FHWA. And the Town Council directs staff to work with Vail Resorts Development Company (VRDC) to submit the preliminary design drawings for the realignment of the South Frontage Rd., adjacent to the proposed Ever Vail development, to CDOT and FHWA as appropriate." Should the Town Council choose to endorse the configuration and design of the relocated South Frontage Road, the Public Works Department recommends the Council apply the following conditions: 2 4/2l/2009 9-1-2 1. The design submitted is preliminary in nature and to this point there is still significant further design and review which may modify the overall final design of the roadway. This includes the proposed development uses, access points and traffic operations of the development accesses, drainage design, structural design, as well as review by the Vail Town Council, Town of Vail Design Review Board, Planning and Environmental Commission, Town Staff, Colorado Department of Transportation and Federal Highway Administration and their consultants. There will also be a review for environmental clearances by outside agencies and subsequent referral agencies such as the Corps of Engineers and Division of Wildlife. Furthermore, the two roundabouts will be reviewed by a third party roundabout expert and optimized for traffic operations. This may cause adjustments in the geometrics of the roundabout designs. The applicant shall return before the appropriate Town reviewing authority(s) for review and approval of any changes required by any of the reviewing parties listed above that affect the elements approved within this request for the preliminary plan. IV. ATTACHMENTS A. Vicinity Map B. Copy of the proposed preliminary plan C. South Frontage Road Option 15 with Simba Run 3 4/2l/2009 9-1-3 d ~ F ~ ~ ` 4 ' ~ ~ i~ n jp ks~ . ~a vxb L'a 4, . ~ . . ! 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I , pi . ~ ~ ~ , r ~~s t~~ ` ; w a& [ ~ 8 ~I x . ~ . ~ ~ - ~j.~~in 6r- d „ V E7~'iI f r { I n 4~ AR F> ~ ~ . a, ~ JI ~ F ~ m a ~;ses ~ i g ~ ~ ~ r 00 Z O ~I<<t Z -n > TI A7 ZZ mw , N . g~ • A~ I O m 6 b ilC" ~ .n „ ¢hl ~A:.eei O ° t 121?OU9 1 q _ ~ . ~ VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 21, 2009 ITEM/TOPIC: Resolution No. 10, Series 2009, a resolution approving an Intergovernmental Agreement (an "IGA") between the Town of Vail, Colorado and the Colorado Department of Transportation ("CDOT") regarding the design of the relocation of the Vail Interstate 70 Frontage Road from Milepost 174 to Milepost 176 as part of what is referred to as the "Ever Vail" project; and Setting Forth Details in Regard Thereto. PRESENTER(S): Matt Mire Greg Hall ACTION REQUESTED OF COUNCIL: Approve the IGA, and authorize the Town Manager to sign and enter into the IGA with CDOT. BACKGROUND: As part of the Ever Vail project the Town of Vail (the "Town") and CDOT will consider an initial design for the relocation of the Vail I-70 Frontage Road from Milepost 174 to Milepost 176 referred to as the "Ever Vail" project. CDOT has estimated the total cost of the design review services they will to be performed by CDOT pursuant to the IGA will be $20,000.00. The Vail Resorts Development Company ("VR") will reimburse the Town the full cost of any and all CDOT design review services provided. STAFF RECOMMENDATION: Approve the IGA, and authorize the Town Manager to sign and enter into the IGA with CDOT in a form approved by the Town Attorney. ATTAC H M E NTS : Resolution No. 10, Series of 2009 Exhibit A Ever Vail CDOT IGA 4/2l/2009 RESOLUTION NO. 10 Series of 2009 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL, COLORADO AND THE COLORADO DEPARTMENT OF TRANSPORTATION REGARDING THE DESIGN OF THE RELOCATION OF THE VAIL INTERSTATE 70 FRONTAGE ROAD FROM MILEPOST 174 TO MILEPOST 176 REFERRED TO AS THE "EVER VAIL" PROJECT; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Town and the Colorado Department of Transportation ("CDOT") wish to enter into an Intergovernmental Agreement ("IGA") for the design of the relocation of the Vail Interstate 70 Frontage Road at approximate milepost 174-176 in anticipation of the project referred to as the "Ever Vail" project. NOW THEREFORE, 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 with CDOT, in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney, for the design of the relocation of the Vail Interstate 70 Frontage Road at approximately milepost 174-176. 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 21St day of April, 2009. Richard Cleveland Town Mayor ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 10, Series 2009 4/2l/2009 10 -1-1 (Local$cvoTwK) PROJEc;T cc 0702-287 (17020) 09 HA3 00025 REGION 3 (DAW) ID 3310001$4 CONTRACT TI-IIS CONTRACT rnade this ~ day nf 2009, by anci betweeza the State af Coloz•ado foa• the use and beiief t of the Colorado Departixaent of Transpaitation hereinaftcr refei7•ed tn as the State, and THE TOWN OF VAIL, 1309 Elkhoni Di-ive Vail, Colorado, 81657, CDOT Vendar 2000003, hereinafter refcrred to as the "Cnntractor" or the "Local Agcncy." RECITALS 1. Authoi-ity exists in the law and fi.uids have been budgeted, appropriated aiid otherwise made available and a sufficient uncominitted halance tllercof remains available for payrnent of project and Local Agency casts in Fund Nurnber: 400 Function 3020; WBS Elcmezat 17020.10.30; GL Account: 231200010 1N (Contract Encumbrance Amount: $0.00). 2. Requiz•ed approval, clearance aiid coordiaiation 11ave been accomplished frona and with appropziate agencies. 3. Pursuazit to 43-2-104.5 C.R.S. as amended, the State rnay contract with Local Ageiicies to provide maintenance and construction of highways that aa-e part of the state highway systein. 4. CDOT and the Local Agency anticipate a project for the Design Sezvices fnr the relocation of the Vail 1-70 Frontiage Raad from Milepost 174 to Milepast 176 Evervail project, and by the date of executian of this coiitract, the Local Agency and/or the State has completed and submitted a preliminaiy version of the CD4T Scope of Work (Exhibit A) describing the general zaature of the Work. Tile L,ocal Agency understands fihat, bcfore the Work begins, the CD4T Scope of Wark may be revised as a result of dcsign cilanges inade by GDOT, in coardination wit11 the Local Agency, iil its internal review process. S. The Local Agency has inadc funds available for Project CC 0702-287 (17020) which sball coiisist of a partion af the cnst foz• the design for relocation of the Vail I-70 Frontage Road from Milepast 174 to Milepost 176 project, referred to as the "Evervale Project" or the "Work." Sucla Work vvi11 be pez•formed in the Town of Vail, Coloa•ado, as specifically described in Exhibit A. 6. The Lacal Agency has funds available and desires to provide a pprtion of the fuudiiag for the `Work". 7. CDOT has estiinated the cost of the Work and the Local Agency is prepared to provide apoition of the funding required for the Work, as evidenced by an appropriate ordinance or resolutian duly passed and adopted by the authorizcd represexatatives of the Local Agency, which expressly authorizes the Local Agency to entcr into this contz•act and to expe»d funds for the work uiider the project. A copy o# this ordinance or xesolution is attaclicd hereto and incarporated hereiai as Exhibit B. 8. This contract is executed under the authoiity of 29-1-203, 43-1-110; 43-1-116, 43-2-101(4)(c) and 43-2-144, C.R.S. and Exhibit B. Page 1 of 12 4/21 /2009 10-2- 1 T13L PARTIES NOW AGREE THAT: Section 1. Scope of Work The Project or the Work under this contract shall consist of the CDOT desigii for the relocation of the Vail 1-70 Frontage Road from Milepost 174 to Milepast 176 referred ta as the "Evervail Prnject" or the "Wark." Such Work will bc performed in Vail, Colorado, as inore specifically descrihed in Exllibit A. Section 2. Order of Precedciice In the event of conflicts or incansistencies between this contracfi and its exhibits, such conflicts or incansistencies shall be resolved by reference to the documents iaa the following order of prioi7ty: 1. This contract 2. Exhibit A(Scopc of Woz-k) 3. Exhibit C (Option Letter) 4. 4ther Exhibits in descending arder nfi flaeir attacllment. Section 3. Tcarm This contract shall be effective upon approval of the State Controller or desigllee, or on the date made, whichever is later. Tile term of this contract shail contiilue tliraugli tlie completian and final acceptance nf the Project by the State, FHWA and the Local Agency. Section 4. Praject Funding Provisions A. CDOT has estimated the total cost of the wark and the Local Agency is prepared to provide a portion of the funding for the work, as evidenced hy an apprnpriate ordinance or resolution duly passed and adopted by the authorizcd re,preseiitatives of the LaeaI Agency, which expzessly author•izes the Local Agency to etiter into this contract and to expend its funds foz• the project. A copy of this ordinance or resolution is attaclied her•eto and incnrparated herein as Exhibit B. B. CDO`F has estimated the total cost of the wark to be perforined by CDOT, and the Lacal Agency is prepared to provide funding in the amount of $20,000.00 whicli is to be funded as fallows: l.ump Sum Payment i. Local Agency Funds $ 2Q,000.00 z. Total Funds: $20,000.00 C. The x-iiaximum amount payable by the Lacal Agcncy under this contract shaIl be $20,000.00, uiiless such amouzat is increased by aza appropriate writlen znodifcatian to this conti•act executed before any increascd cost is incui•red. It is undez•stood arid agreed by the parties 1lereta that the totaI cost nf the woz•k stated hereinbefoz•e is the best estixnatc available, based on the design data as approved at the time ofexecutioii ofthis coxitract, and that sucka cost is subject to revisions (in accnrd witll the procedure iza the previaus sentence) agreeable to the parties prior to bid and award. Page 2 of 12 4/21 /2009 10-2-2 D. The parties hereto agree tllat this enntract is contingent upon all funds designateci for the project herein beiug tnade avaiIable from statc sources, as applicable. S1lould these sources faii to provide necessary funds as agreed upon herein, the contract may be teranizaated by either party, provided that any party terlniizaling its interest and obligations herein shall not be relieved of any obligations vvhicli existed prior to the effective date of sucli tez•inination ar which may occur as a result of such teixnination. Section S. Project Payment Provisions A. The Local Agency shall contribute a lump sump ainount aiid shall not cxceeci the amount of $20,000.00, whicla shaIl be due within GO days of execution of this agreement. Section G. State and Local-Agency Cotnmitments Sectioxt 6. State and Local Agency Commitments { EXHIBIT ll NOT APPLICABLE TO THIS AGRECMENT } The state is t11e "Responsible Party" z•eferred tn in tkais contract. A. De.sign [If Appiicable] f. If the Woi•k includes prolimiilary design or final design (thc "Constructioai Plans"), or design work shiets, or special provisions and estirnates (collectively refenred to as the "P1aa1s"), ihe resporisible party shall campIy with the fallowing requircments, as applicable: a. pcrfiorin or provide the Plans, ta the extent required by th:e nature of the Work. b. prepare final design (Construction Plans) in accord with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) inaiiual oz• other standard, such as the Uzliform Buildztig Code, as approved by CDOT. C. prepare special provisions and estimates in accord witli the State's Roadway and Bridge Desigil Manuals and Standdrd Speci~'ications for Road and Bridge Constructian. d. izxclude details of any required detours in the Plans, in ax•der to prevent any iiiterference of the constiuction work and to proteet the traveiing public. e. stamp the T'lans produced by a Colorado Registered Professional Engineez•. f. provide fina1 assembly of Plans and cantract docurnents. g. be responsible for the Plans being accua•ate and complete. h. malce no further changes in the Plans followixig the award of the constructian contract exeept by agreement in writing between the parties. The I'lans sllail be caiasidered final wheii approved and accepted by the parties hereto, and when final they shall be deemed incarparated hereiii. Page 3 of 12 4/21 /2009 10-2-3 B. Cnnstruction [ if Applicable] 1. rf the Work includes Ganstructioll, the responsible party shall perfori-n the constz•uctioii iiz accordayice with the approved desagia plans and/or admitiister the constructioza all in accnrd witli the Local Ageiicy Coiitract Administratinn Checklist. Such administratiozi sliall include pz•oject inspection and testing; appx•aving sources of materials; perforzning required piant and sliop inspections; dacuinentation of contract pa}inents, testing aaid inspectioii activities; preparing and approving pay csiimates; preparing, approving and securing the fizndizag for contract modification ox-ders and mizaor coiitract revisions; processaxig coYitractor clairns; coiistruction supcrvision; and meeting the Quality Control requireznents of the FHWA/CDOT Stewardsliip A~,Yreemeflt, as described in the Local Age;ncy Contrdct Adininistration Cllecklist. 2. If the State is the responsible party: a. it shall appoint a qualified pE•ofessianal ezigineer, licenseci in the Slate of Coloradn, as the State Agency 1'roject Engineer (SAPE), to perform that adzninistration. The SAPE shall administer the pz-oject in accordance with this conti•act, the requiretnents of the constiuction contract and applicable State procedua•es. b. if bids are to be let for the construction of the project, the State shall, in cotijunetioii with the Locdl Agency, advertise the calI for bids and upon cancurrence by the Local Agency wiIl award the construction contz-act(s) to the low z-esponsive, responsible bidder(s). (1) in advertising arid awarding the bid for the constructioza of a federal- aid project, the State shall comply with applacable requirements of23 USC § 112 and 23 CFR Parts 633 and 635 and C.R.S. § 24-92-141 et seq. Those requix-ements include, without limitation, that the State/caaitractor shall incorporate Form 1273 (Exhibit H) in its entirety verbatim into any subcontz•act(s) for tliose services as tenns and conditions thea•efore, as required by 23 CFR 633.102(e). (2) the Local Agency Ilas the optian to concur or not concur in the propasal of the apparent low bidder for work on which competitive bids 11ave becn received. The Local Agency must declarc its concurrence or non-concurreilce witkain 3 working days after said bids are publicly opened. (3) by indicating its cnncuzreilce iu such award, the LocaI Agency, acting by or thraugh its duly authorized representatives, agrees to provide additaonal funds, subject to thcir availability and appropriation for that purpose, ifrequired to complete the Work under this pa-oject ifno additional fedex•al-aid funds vvil] be made available for the project. Page 4 of 12 4/21 /2009 10-2-4 c. If ali or part of the construction work is to Ue acconaplaslaed by State personnel (i.e. by farce accourlt), rather ihan by a competitive bidciing process, the State will ensure that all such force account wnrk is accomplislled in accordance with the peatiileait State specificatioxas aild requizeinents wit1123 CFR 635, Subpart B, Force Accouzit Caiistruction. Section 7. ROW Acquisrtion aiid Relocation If appIicable, prior to this project beiilg advertised far bids, the itespoiasible Party will certify in writizag that all i•ight of way has been acquired in accordance wilh the applicable State aild federal regulations, or that no addifional right of way is required. Any acquisition/relocation activiiies inust camply with all federal aild state statutes, regulations, CL74T policies and procedures, 49 CFR Part 24, the government wide Uilifarni Act regulation, the FHWA Praject Development Guide and CDOT's Rig11t of Way Operatinns Manual. Allocatinn of Responsibilities can be as follows: • Federal participatiorz iza right of way acquisition (3111 charges), reIocation (3109 charges) activities, if any, aiid z•ight of way incidentaIs (expenses incidental to acquisitian/relocation of x•ight of way - 3114 charges); + Federal participation ir1 right of way acquisition (3111 charges), reloca#ion (3109 charges) but na participation in incidental expenses (3114 cllarges); or • No federal pai-ticipatiaxi in right of way acquisitian (3111 cliarges) and relacation activities (3109 expErises). Regardless of t11e pptiaxa selectcd above, the State retains ovei•sigllt respnnsibilities. The Lacal Agency's and the Stale's responsibilitics for each option is specifically set forth zn CDOT's Right of Way Operation Manual. The manual is lncated at lattp://wwvv.c3ot.state.co.u5/ROW Manual/. Section 8. Utilities If necessaz•y, the Responsible Party will bc respoilsible for abtaitaing the praper clearance ar approval from any utility company, whicll may become involved in this Project. Prior to this Projeet being advez•tised for bids, the Responsible Party will certify iza wri#ing lhat all such clearances have been obtaineci. Section 9. Raiiroads Ii1 the evexat the Project involves rnodification ofa railroad company's facilities whereby the Work is to be accoinplished by railroad campany forces, the Responsible Party shall znake timely application to the Public Utilities Cnminission requestirig its ardex- pzoviding for the installation of the pi•oposed improvements and not proceed with that pail of the Work witllout coinpliance. The Respozisible Paz-ty shall also estabIisb contact with the railroad campany involved for tlie purpose of complying with applicable provisioiis of 23 CFR 646, subpart B, conceming federal-aid projects involving railroad facilities, including: Page 5 of 12 4/21 /2009 10-2-5 I. Executing an agreement setting out wlzat wark is to be accomplished and tlie locatinil(s) lliereof, azid that the casts of the iinproveinent s11a11 be eligible for federal pairticipatioii. 2. Obtiaining the raita•oad's detailed estimate of the cost ofthe Woz•k. 3. Establishing future maintenance respoiisibi li ties for the proposed instailation. 4. Prascribiaig tutui•e use or dispositions of the praposcd improveanents in the event of abandonmcnt or eIiminatian of a grade crossing. 5. Eslablishing future repair aiid/or replaceancnt responsibilities in the event of accidental destruction or damage to the instalIation. Section 10. Environrnental Obligations The State shall perfoxin all Work in accordazace with the requiremelits ofthe curTent federal and state environmental regulatiotis including the National Eaivironmental Policy Acl of 1969 (NEPA) as applicable. Section 11. Maintenaiice Obligations The State witl maintain and operate the improvements constructed under this contract at its own cost and expense during thcir usefui lrfe, in amanner satisfactoiy to the FHWA. The State will make praper provisions for such znairitenance obligations each year. Such maintenance and operations shall be conducted in accordance with all applicable statutes, ordinances and regulations which define the stste's obligations to rnainfiain sucll improvements. FHWA will make periodic inspectioyis o£the project to verify that such improve;nents are being adequateIy maintained. Section 12. Record Keeping The Local Agency shall maintain a camplete file of all rccnrds, docurnents, cominunications, and other written inatcrials, whicii pertain to the costs incurred under this contract. The Local Ageiicy s11a11 maintain such records for a period of lhree (3) years after the date of terminatian of tliis contract or final pa}nnent hereunder, whichevex- is Iater, or for such further peiiod as may be necessaiy to resolve any rriatters which may be pending. The LocaI Agency shall make such inatez•ials available for inspectioiz at all xeasonable times aiid shall pei-init duiy authorized agents and employees of the State and FHWA to inspect the project and to inspect, review and audit the project records. Section 13. Terminafiion Provisions This cozitract may be tezxiiinated as follows: A. Termination far Convenience. Either pairty rnay terminate tilis cozatract at any time, if a party deteril-iines tilat the purposes of t11c distribution of inozieys under the contract would nO loiiger be served by cnmpietion of the project. The parties shall effect such tei7nination by giviaig written notice of tcrminatiail to the otlicr party, specifying the effcctive date thcreof, at least tweiity (20) days before t11e effective date of such terfnination. Page G of 12 4/21 /2009 10-2-6 B. Tez7nination for Cause. Tf, tlzrough any cause, the Local Agency shall fail to fulfill, in a timely and proper manncr, its obIigatiozis under this contract, or if the Local Agency s}iall violate any of'the covenants, agree;meiits, or stipulatinns af tkais contract, the State shall thereupori have the right ta terminate this contract for cause by giving writfen notice to the Local Ageiicy of its intent to tez-miizate and at least ten (10) days oppoxrtunity ta cure the default oa• show cause why termination is otherwise not appropriate. Zxa the event oftcrminatioii, all finished or uiifixaished docuinents, data, studies, survcys, drawings, maps, models, phatographs and i•eports ar other material prepared by the Local Agency undcr this coiitract shall, at the option of the State, becoine its property, and ille Local Agexicy shall be entitled to receive just and equitable coinpensation for any services and suppiies delivered and accepted. Tlle Local Agency shall be obligated to retui-n anypaymen#s advanced under the provisioils pf ihis contract. Notwithstanding the above, the Local Agency sliall not be relieved ofliabilityto the SIate for any damages sustained by the State by virtue of any breach of the cantract by the Local Agency, and the State may witlihold payment to the Local Agency for the purposes of ruitigating its dannages until such lime as the exact amaunt of damagcs due to the State From the Locai Agency is deterxi-lizied. If after such ferrnination it is detertnined, foi• any reason, that the Local Agency was not in default or that the Lacal Agency's action/inaction was excusable, such tennination shall be treated as a termination foi• convenience, and the rigl-its and obligatioiis of the partzes shall be the sanne as if the contract had bcen teY-rninated for conveyiiance, as described herein. Section 14. Legal Authority The Local Agency warrants that it possesses the legal authority fo etiter inta this contract ai1d that it has takeii all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to Iawfutly authorize its undersigned signatnry to execute this contract aiid to bind the Local Agency to its tetm.s. The person(s) executing this confract oxa behalf of the Loca1 Ag;ency warrants that such person(s) lias full authorizatinn to execute this contract. Section 15. Representatives and Notice The State wiil provide liaison with the Lacal Agency through the State's Region Director, Regioil3, 222 S. 6`h Street Grand Junction, CO 8150 1. Said Region Directar witl also be respoilsibie for conrdiiiatiiig the State's activities under this con#ract. AIl coinmunicatians z-elating to the day-to- day activities far the woi•k shall bc exchanged be#ween rcpresexitatives of the State's Transportation Region 3 and the Loca1 Ageaacy. AlI convnunication, notices, and correspozadence shall be addressed to the individuals identified below. Either party may from tia-ne to time designate in wa•iting iiew or substitute represeiltaiives. Page 7 of 12 4/21 /2009 10-2-7 If to tlle State; If to tl-ic Local Agency: Martha Miller, PE Town of Vail CDOT Region 3 Greg Hall Rcsident Engineer Director of PubIic Works 714 Graiid Avenue 1309 Elklioru Drive Eagle, CD 81631 Vail, CO 81657 {970) 325-6385 (970) 479-2 i 00 Section 16. Successors Except as herein otherwise provided, this cantract shal] inure to the benefit of and be binding upoii thc parties hercto and their respective successors aiid assigns. Section 17. Third Parfy Beneficiaries It is expressly understood and agreed tllat the enforcement of the terins and conditions af this conta•act and all riglits af actian relating ta such enforcezaient, shall be strictly reserved to the State and tlie Local Agency. Nothing contained in this cantract shall give or allow any clairn or right of acfion whatsoevez- by any other third person. It is the express intentian of the State aud the Local Agency that any such person or eiitity, other than the State or the Local Agency receiving seivzces or bcneiits under this contract shall be deemed aai incidental beneficiaiy only. Section 18. Governmental Immu€nity Notwithstanding any other provisian af this contract to thc contrary, i1o tcnn or condrtion of this confiract shall be construed or intcrpreted as a waiver, expr•ess or iinplied, of any of the irnmuxaities, rights, benefits, pratection, or other provisions of the CoIarado Governinental Imznunity Act, § 24-I0-10 1, et scq., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims far injuries to persons or pz•operty arisang out of negligence af the State nf Calaxado, its departinents, institutions, agencies, boards, officials aud employees is cnntrolled and limited by the provisions of § 24-10-101, et seq., C.R.S., as now or hereafter• amended and tlle x-isk managemenf statutes, 24-30-1501, et seq., C.R.S., as now or hereafter amended. Sectian 19. SeverabiIity To the extent that this coiltract inay be exccuted and performance of the obligations of the parties may be accainpIished within the iiltent of the contract, the terins of this contract are severable, and shauld any term or provision hereaf be deciared iilvaIid or becozne inoperative for auy reason, sucll iiivalidity or failure sllall not affect the validity of any other term or provision hereof. Section 20. Waiver The vvaiver of any breacn of a term, pravision, or i•equiremeilt of this contz•act shall not be canstrued or deemed as a vcraiver of any subsequent b;•each af such tez•m, pravision, or requiremcnt, or of any nther terrn, pravision or requirement. Page 8 of 12 4/21 /2009 10-2-8 Section 21. Etitire Understanding This coiitract is intended as the cornplete integralion nf alJ uiidcrslaildings between the parties. No prior or coiiteznporaneous addition, deletinn, or othei• amendrnent hezeto shall llave any force or effect whatsoever, unless einbodied hereizi by writing. Na subsequenf novation, rencwal, addilioai, delefiail, ar atlicr ameizdment hereto s11all have any force or eft'ect unless embodied in a writing executed and approved pursuant to the State Fiscal RuIes. Sectioyi 22. Survival nf Contract Terms Notwithstanding anytliing herein to the contrary, the parties understancl and agree that ali terms and coflditians of this coiltract and the exhibits and attaclirneiits hereto which may rcquire coiitinued perforrnance, campliance oa• effect beyond the tez•mination date of the coralr-act shail survive such termination date and shall be enfoi•ceable by the State as provided laerein in the event of such failure to perform or comply by the Local Agency. Section 23. Modificafion and Amendrnent This contract is subject to sucli znodifications as may be required by changes in fiederal or State law, or thcir implcinenting regulations. Any such required modi~'ication shall autornatically be incorporatcd into and be part of il7is contract on the effective datc of sucli change as if fully set forth herein. Except as provided above, no modification of this contract shall be effective unless ag-ced to in writing byboth parties in an amendment to this contz•act that is praperly executed and approved in accordancc with applicable law. Section 24, Option Letters Option Letters may be used to extend Agreement term, change the 1eve1 of service withiii the curretit tezm due to unexpected overinatch, add a phase without increasing coiita•act dollars, ax- increase or decrease the amount oF fundirag. These options ax•c lemited to the specific scenarios iisted below. The Optiozi Letter s11a11 not be deemed valid uxatil signed by the State Confroller or an authorized deiegate. Fallowing are the applicatians for the individual optians undcr the Option Letter form: Option 1- Option to extclld or renew (this option appIies to Higllvcray and Signai maintenance contracts only). In the event the State desires to conlinue the Services and a replacemcnt contract has not been fully approved by the termiilation date of this coiitract, the State, upon written nOtice to Contractor, may unilaterally extend this contract for a period of up to one (I) ycar. The contract shall be extended under the saane terms and condations as the priginal contract, including, but not limited to prices, rates and service delivery requirements. This extension shall tenninate at the end of the onc (1) year period or whezi the replacement contract is signed by the Colorado State Controllez• or an authorized delegate. Page 9 of 12 4/21 /2009 10-2-9 The Staie rnay exercise this aptioi1 by pz•oviding a fully executed oplioxx to the contractoz-, witliin tliirty (30) days pz•ior to the ei1d ofthe cut-t•ent contract terin, in a foz-tn substantially equivalent to Exhibit C. If'the State exercises this nption, the extended contract wili be considered to iiiclude this option pz-ovision. The total duration of this contract, iiicluding the exercise af any options under this clause, shall nnt exceed five (5) years, Optian 2- Level of service chaai e witllin cuirent tez•m due to unex ected overnatch in ari ovez•bid situatiai-i anI . In the eveut the State has contracted all project funding ai1d the Local Agency's construction bid is higher tlian expected, this optioil allows for additional Local Overmatch dollars to be provided by the Local Ageiicy ta be addcd to ihe contract. This option is only applicable for Local Ovcrrnatch on an overbid situation and sliall zlot be intended for any other Local Overmatcll fuiiding, The State rnay unilaterally increase the total doIlars of this contract as stipulatied by the executcd Option Letter (Exhibit C), which will bring the maximuin axnount payable under this contract ta the ainount indica#ed in Sectioii 4 Projeet Funding I'rovisions attached to the executed Option Letter. Perfarmance of the services shall contiuue undez• the same terrns as established iiz the contract. The State will use the Financial Statenaent subrnitted b the Lacal A enc OY "Concurrence ta Advertise" as evidence o'the Local A enc 's intent to ativard artd it will also t•ovide the additiorzad amount re uir-ed to exercise rhis o tion. If the State exercises this optiorl, t11e cozitract will be considered to include this option provision. Option 3- O tion to add overla in hase without inereasin contract doliars, The State may requzre the contractor lo begin a phase that z-nay include Desigri, Construction, Enviranmental, Utilities, ROW Incidentals ox- Miscellaneous (this daes not apply to AcquisitioiVRelocatian or Railroads) as detailed in Exhibit A aiid at the same tezms and canditions stated in the originaI contract vvith the contract dollars remaining the same. The State inay exercise this option by providing a fully execuled option to the coiitractor within thirty (30) days before the initial targeted siart date of the phase, in a form substantially equivalent to Exhibit C. If the State exercises this option, the contract will be coiisidereti to iilcludc this option provision. 4ption 4- To u date fundin inereases and/ar decreases with a new Section 4. This aptioza can be used to increase and/or decrease the overall contract dollars (state, federal, local matcli, local agency ovei-rnatch) to datc, by replacing the original funding Section 4 in the Oi•iginal Contract with an updated Secfion 4. The State inay have a need to update chatlges to state, fedcral, local match and local agency ovei7natch funds, which will be attached to the option form. The State may exercise this option by providing a fuIly executed option to the contractpr within thiity (30) days after the State has receivcd notice of funding clianges, in a fozin substantially equivalent to Exhibit C. Ifthe State exercises this option, the conh-act will be considered to include this option px-ovision. Page 10 of 12 4/21 /2009 10-2- 10 Section 25. Disputes Except as otllerwise provided in tkaas contract, atly dispute concerning a question of fact az•ising under this contract wllich is not dispnsed of by agreement, wili be decided by the Chief Engineez- of the Depaitinent of Transportation. The decision of the Chief Engineer will be final and conclusivc unless, within 30 calendar days after the date of rcceipt of a copy of sucli writtez-i decision, ille Locdl Agency mails or otlierwise furnishes to the Siate a wi•itteii appeal addressed ta the Cxecutive Director ofthe Departzncnt ofTranspoi-tation. In connection will1 any appeal praceeding under this clause, #he Local Agency shall Ue afforded an opportutlity to be heard and tn offez- evidence ii1 support of its appeal. Pending fii1a1 decision of a dispute llereunder, the Lacal Agency shall procced diligetltly with the performance ofthe coiitract in accordance with tiie Chief Etlgineer's decisioil. The decision of the Executive Director or his duly autharized z•epz•esentative for the deterniination of such appeals vviil be final azid conclusive and serve as -fizial agency action. This dispute clause does xaot preclude consideration of questions of law in conncction with decisions px-avided foi• herein. NoYhing in this contract, however, shall be consti-ued as making final the decision of any administrative of~'icial, representative, or board on a question of law. Page 11 of 12 4/21 /2009 10-2- 11 THI: PAR'I'ILS HERLTO HAVE EXECU'g'ED 7['HYS CONTRACT STATE OF COLORADO: 13ILL RITTER, JR. LOCAL AGENCY: GOVERNOR TOWN OF VAIL gy Legal Name of Contracting Entity For Executive Director Department of Tx•aiisportation CDOT Vendor Number 2000003 8ignature of Authorized 4fficer Priait Naine & Titie of Authorized Officer LOCAL AGENCY: (A Local Agency seal or attestation is required.) Attest (Seal) By (Town/CitylCounty Clerk) (Place Locat Agency seal here, if availablc) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER . CRS 24-30-202 requires tha# the State Controller approve alI state coiitracts. This contract is not valid until the State Co»troller, or such assistatit as he may delegate, has signed it. The contractar is nnt authorized to begiti perfoi7nance until the contract is sigiaed and dated below. If perfannance bcgins prior ta the date below, the State of Colorada may not be obIigated to pay for t11e gaods and/or services provided. STATE CONTROLLER: DAVID J. MC DERMOTT, CPA By: Date• Page 12 of 12 4/21 /2009 10-2- 12 Exhibiti A SCOPE OF WORK 4/21 /2009 10-2- 13 EXHIBIT COLDRAD{7 DEPARTMENF OFTRANSPORTATION Oriy_pate: 09/09/2008 ProjecY Code #(SAlf), 17420 S7EPal: SfN7010 DESIGN DATA Rev.IJate. Project N: CC 0702-287 Revisian ft: 0 PE Project Code: Page i io 3 Region li: 03 p,nject Descripcion: I•70 Vail i=rontage Road - Evervail Stztus: ~Q Preliminary 0 Final Revised Coumy:g37 SubmiNed 8y PM: LOMBARDIF' Approved by Program Engineer. Oate: fvlunicipalit : Vail System Code: I-Interstate Revised by: Oversight By: X-FUII Oversighted Date: planned Length: 2,000 Geographic Location: VAIL I-70 FRONTAGE ROADS MP 173 T e of Terrain: N12UnlainDUS Description of Proposed ConstructiorVlmprovement(Attach map showing stte location) REALlGN I-70 FRONTAGE ROAD 7 Project Characteristics (Proposed) Median (Type): ❑ Depressed ❑ Painted ~ Rdised None Lighting C] Handicap Ramps ~ Traffic Conirol Signals ~ Stri in p 9 ❑ Cur~i and Gutter E Curb Only ~ Lett-Turn Slots Continuous WidthW Sidwalk Width= Bikeway Wid1h= Ri ht-7urn Slois [ J Continuous Width- El Parking Lane Width= I]etours Si nin ~Q Consiruciion 0 Permanent Landscaping requirements (description): 0 Other (descripHon): Right of Way Ye5/N0 Est 0 Utili#[es (lis4 names of known utility companies) ROW BJor Perm. Easement Required No Unknown Relocation Required No Temporary Easement Required: No Changes in Access: No Changas to Connecting Roads: No Wailroad Crossings a of Crossings: JC._Recommenclations: Environmental Type: ApprProject Code # Cleared Under: d Under; Nane ments: Coordination Withdrawn Lands (Power SiYes, ResenJOirs, Etc.) Gleared through BLM or Forest Service Otfice IrrigaTion ditch Name: ❑ New Trattic Ordinance Required AAOdify 5ohedule of Existing Ordinance Muncipality: V1il qlhec ConstrUCtion Methad Advertised 8y; NoAd Reason: Eniily 1 Agency Con[act Name: I'hone 7i: State Safety Considerations ProjecF Under: Guardrail rr:eeYs current standards: No E3 Variance in Minimum Dasign Standards Required ❑ Safery project r3ot af# Standards Comments: 0 Justificaiipn Attached ❑ Request to be Submitte addressed ~ Bridge(see item 12) n Sae Remarks Stage ConstrucFion ex lain in remark5} 3R projects Sa#et Evaluation Gnm lefe daie : 4/21 /2009 10-2- 14 EXHIBIT A R ~ V N N ~ -c n 0 a ~ n Q a i~t c N c ~ in t5 p m v - ~ m ~ f3 ro ~ 11 El N N a U ~ 4~ - E ~ a E ~ O 'C CJ U O 61 ❑ E] 2 a m °c' ia C N LU u1 T7 v II ~ ❑ El Ll ~j 6 °1 v m E O 'C b ~ U U ~ m ~3 c a Q N v w ~ in a ~ ° ~ - II ~ U 0 0 [n P7 3 m v 'ts 2 U ~ y g ,y `u c ar o ~ -n m ~ U O N n ~ 0 ~ r] 1-1 3 ca ° a ~ ~n ~ c R C~ U • N C in ~ C y ~ cc b e }r N ~ N I10 o o m a c o U m i~ E = ~ C- y m v O ~ 9 tll 0 O w u ~ ❑ b M 'O a E m ~ V C ¢ N ~ LL p y y ~ ~ ~ Q O N 4 .°4. a O N CfJ ~7 ~ r ~ W Q N (`1 ~ O J~ w- t%1 T~ du 3k o L ~ o ~ Q ~ 7 Q i] O t7 v d m ~ n Se ~ t ~ v v N~ a a) a~i N(j N 0 co N O ~ ~ a ¢ ° ~ ~ v ~ tA `m ~ '3 a n ro 0 0 ~ o co r- M c o m m co ~ a ~ o` 0 o ~ m r m ~ cc g~' ~i - ro'jn O1 w N w tC L7 - -0a~+ c,~ ~ F c o a m c~ m~ ~ ~ tr a w U. ~ [r ~ ❑ ~ cn m U ar <n ~ a a~ m o 3 N n0. U c°u ti c °~i 4/21 /2009 10-2- 15 A EXHIBIT Page 3 af 3 Project Code N(SAlt); I'rojecF Revise Date: 17020 CC 0702-287 Major StrttCtul'es 5= to stay, R= to he removed, f'~ proposed new struc4ure Reference Standard StrucFUre Structural Horizonial Vertical Year Structure ID# • Len th Point FeaFUre Intersected Width Ftoadwa Capacity Clearanr,e Clearance Buili Proposed 7reament of BrEdges to Remain in F Eaca(acfdress bridge rail, capacity, and allowable surtacing lhickness): Remarks 4/21 /2009 10-2- 16 l:xhibit Ii LOCAL AGENCY ORDINANCE or RESOLUTION 4/21 /2009 10-2- 17 SAMPLE fGA OPTIQN LETTER Exhibit C (This nption has been created by the Office of the State Controller for CDOT use nniy) NOTE: This optron is limited io the specific contract scenarips listed below AND cannot de used in place of exercising a fprmal amendment. Da~e: State Fisca) Year: Option L,etter No. C~.IN Routing # Cantractar 1 Local Agency : A. SUBJECT: {Chaase applicable opfions lrsted ,below AND in section B and delete the resf) 1. Option ta renew (far an additional term) applies to Highway and Signal maintenance contracts ONLY; this renewal cannot be used to make any change to the original scope of work; 2. Leve] of service change within currenE term due #o an unexpected Local overma#ch on an overbid sifuation ONLY; 3. Option to add phasing to incfude Design, Consfruction, Enviranmental, Utilities, ROW incidentals or Miscellaneous ONLY (does not appfy to Acquisi#ionlRelocation or Railroads); 4. Option to update funding (a new Section 4. Project Funding Provisions must be refernced with #he optian letter and shall be labeied Revision 1 to Section 4. F'roject Funding I'rovisions (future changes for this option shall be labefed as follows: Revison 2, etc.) B. REQUIRED PROVISIQIVS. A!I Option Lefters shall contain the appropriate provisions set forfh befaw: Insert the fofiowin lan ua e for use with O tions #1 : In accordance with Paragraph(s) of contract routing number (insert FY A enc code & CLI11! roufin between the State of Colarado, Departrnent of Transpor#atian, and (insert contractor's narrre the state hereby exercises the option for an additional term of (inserf erformance eriod here at a costlprice specified in ParagraphlSectionlProvision af the ariginal contract, ANDIOR an increase in the amaunt of goodslservices at the same rate(s) as specified in Paragraph pf fhe ariginal cantract. Insert the fallawin lan ua e for use with O tion #2 : In accordance with the terms of the original contract (inseri FY A enc code & CLIN roufrn # between the Sta#e af Colorado, Deparfment of Transpartation and insert contracfar's name here , the Stafe hereby exercises the aption #o record a level af service change due fo unexpected avermatch dollars due to an overbid situation. The contract is now increased by (indicate additional dollars here) specified in ParagraphlSectionlProvision of the original contract. Insert the fallowin lan ua e for use with O tion #3 : In accordance wi#h the terms o#'the original contract (insert FY A snc code & CLlN routirr # befween the Stafe of Colorado, Department of Transportation and {rnsert contracfnr's name here, the S#afe hereby exercises the option ta add an overlapping phase in (indreafe Frscal Year here} that will incfude (describe which hase wrll be added and include all fhaf a!- Desi n Construcfion Environmenta! Utilifies ROW incidentals or Miscellaneous). Total funds for this contract remain fhe same {indicate total dollars here} as referenced in ParagraphlSectionlProvisian/Exhibit of the original contract. Insert the fallowin lan ua e for use with O tion #4 : in accordance with the terms of the original contract (insert FY A enc cade & CLIN routin # befween the Sfate of Colorado, Department of Transporta#ion and inserf contracfor's name here , the State hereby exercises the option to update funding based on changes from s#ate, federal, laca] match andlor local agency overmatch funds. The contract is now (select one: increased and/or decreased by (insert do!lars here) specified in Paragraphl-Sectianl-ProvisianlExhibif of fhe original confract. A naw Secfion 4. Project Furtding Provisions is made part of the original contract and replaces the original Section 4. Project Funding Provisians. ExhiWft10)29Page 1 of 2 10-2- 18 Exhibit C The foflowin lan ua e must be included on alf o tfnrts : The amount of the current Fiscal Year contract value is (increased/decreased) by amouni of chanae) to a new contract vafue o# ) to sa#isfy serviceslgoods ordered under the cantract for the current fiscaf year (indicafe Fiscal Year). The firsf sentence in ParagraphlSectinnlProvision is hereby modifiec€ accordingly. The total con#ract value to include aff previous amendrnenis, opfion letters, etc. is The effective date of this Option Letter is upon approval af the State Controller or delegate, whichever is later. APPROVALS: For the Can#ractar 1 Locai Agencv : Legal Name of Contractor 1 L:ocal Agency By: Print Narne of Authorized Individual Signature: Dafe: Titfe: Official Title of Authorized Indivicfual State of Colorado: Bill Ritter, Jr., Governor BY: Date: Execufive pirectar, Colorado Department of Transporta#ion ALL CONTRACTS MUS7 BE APPROVED BY THE STATE CONTROLLER CRS §24-30-202 requires the State Control(er to approve all State Cantracts. This Contract is not valid until signed and dated belpw by the State Controlfer or delegate. Contractor is nvt authorized ta begin perFormance until such time. If Contractor begins perforrning prior thereto, the State af Colorado is not obligated ta pay Con#ractor for such performaroce or for any gonds andlor services pravicfed hereunder. 5tate Cantroller David J, McDermott, CPA By: Date: lssuance date: July 1, 2008 Exhibit~009Page 2 of 2 io-2- iy Exhibit D LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST CDOT Fonn 1243 NOT APPLICABLE TO THIS AGREEMENT Exhibit D 4/21 /2009 10-2-20