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Home My WebLink About2010-06-15 Agenda and Support Documentation Town Council Evening Session VAIL TOWN COUNCIL EVENING SESSION AGENDA +` TM W Via' VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., JUNE 15, 2010 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM /TOPIC: Citizen Participation. (15 min.) PRESENTER(S): Public 2. ITEM /TOPIC: Town Manager's Report. a. Spring Flooding Update. (15 min.) PRESENTER(S): Stan Zemler 3. ITEM /TOPIC: A presentation of the Ever Vail fiscal and economic impact analysis report. (60 min.) PRESENTER(S): Andy Knudtsen and Brian Duffany with EPS ACTION REQUESTED OF COUNCIL: The Town Council is asked to listen to the presentation, ask questions, and provide feedback on the contents of the report. BACKGROUND: Pursuant to Section 12- 71 -713, Submittal Items Required, Vail Town Code, and the scope and potential economic and fiscal impacts of the proposed Ever Vail development, the Town of Vail commissioned an analysis by EPS to evaluate the impacts in terms of revenue generation and the costs to provide municipal services. 4. ITEM /TOPIC: Review /discuss the Guaranteed Maximum Price (GMP) for construction costs for the West Vail Fire Station, including cost increases and detailed budget information on specific items per request of Council. (30 min.) PRESENTER(S): Adam Williams (ARC Program Management) / Mark Miller ACTION REQUESTED OF COUNCIL: Review detailed budget /return on investment information presented by consultant and staff and approve final Guaranteed Maximum Price (GMP) for construction for the West Vail Fire Station. (See attached memo) BACKGROUND: The final GMP was presented to Council on June 1, 2010 with specific changes in scope and associated cost impacts discussed in 6/15/2010 detail. Council requested additional analysis be completed on six of the items presented to confirm return on investment and why each change would be good value for the TOV. The project team has specifically addressed each item and will provide a detailed summary at the June 15, 2010 meeting. (See attached memo for summary/cost analysis) STAFF RECOMMENDATION: Review and approve the GMP of $4,229,835 as recommended by staff /ARC. Current total budget as of this date, including all applicable soft costs, contingencies and other anticipated costs is projected at $5,137,566. Water /sewer tap fees (not included) and water line costs are being negotiated with Eagle River Water and Sanitation District. 5. ITEM /TOPIC: An appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval, with a condition, of a request for a conditional use permit, pursuant to Section 12 -6D -3, Conditional Uses, Vail Town Code, to allow for a Bed and Breakfast, located at 765 Forest Road, Unit A /Lot 8, Block 2, Vail Village Filing 6, and setting forth details in regard thereto. (30 min.) PRESENTER(S): Bill Gibson, Planner; Sarah Baker, Appellants' Representative; and Nancy Adam, Applicant ACTION REQUESTED OF COUNCIL: The Town Council shall uphold, uphold with modifications, or overturn the Planning and Environmental Commission's April 26, 2010 decision. BACKGROUND: On April 26, 2010, the Planning and Environmental Commission approved the Applicant's request for a conditional use permit to allow for a bed and breakfast at 765 Forest Road by a vote of 5 -0 -1 (Pierce recused) with the condition that the permit expire on April 26, 2012. On May 14, 2010, the Appellants, Cliff and Bonne Illig represented by Sarah Baker PC, filed an appeal of the Planning and Environmental Commission's April 26, 2010, decision. Pursuant to Section 12 -3 -3, Appeals, Vail Town Code, the Town Council shall hear appeals of the Planning and Environmental Commission's decisions. STAFF RECOMMENDATION: Staff recommends the Town Council upholds the Planning and Environmental Commission's April 26, 2010, decision. 6. ITEM /TOPIC: Lionshead Transit Center Welcome Center (Auxilary Bldg). (45 min.) PRESENTER(S): Tom Kassmel ACTION REQUESTED OF COUNCIL: Provide Town Staff and the consultant with size and program direction for the Lionshead Transit Welcome Center. BACKGROUND: At the May Council Meeting the Lionshead Center Deisgn Team presented the Design Development level plans for Phase I 6/15/2010 construction and a preliminary program plan for the Lionshead Transit Welcome Center. Phase I has moved into the construction document phase and is scheduled to be bid and start construction this year. Phase 11, the Transit Welcome Center, has been updated to reflect the comments heard at the May Council session, which includes opportunities to expand guest service functions, ski lockers, great room, and flexible exhibition space. STAFF RECOMMENDATION: Provide Town Staff and the consultant with size and program direction for the Lionshead Transit Welcome Center. 7. ITEM /TOPIC: Resolution No. 15, Series of 2010 a Resolution Approving an Intergovernmental Agreement between the Town of Vail and Eagle County Regarding the Use of Eagle County's 800 MHz Area Wide Smartzone Trunked Radio Services; and Setting Forth Details in Regard Thereto. (10 min.) PRESENTER(S): Dwight Henninger ACTION REQUESTED OF COUNCIL: Approve, amend or deny Resolution No. 15, Series of 2010. BACKGROUND: Eagle County has installed and maintained an 800 MHz radio system (the "System ") and is offering non - exclusive access of the radio system. The System will allow multi - jurisdictional agencies exclusively to communicate directly with public safety organizations, including but not limited to police activity, code enforcement, fire and emergency and disaster response. This Intergovernmental Agreement formalizes the existing process and gives authorization for a newly formed executive committee to make budget recommendations to the Board of County Commissioners. STAFF RECOMMENDATION: Approve, amend or deny Resolution No. 15, Series of 2010. 8. ITEM /TOPIC: Resolution No. 18, Series of 2010, A Resolution Approving an Intergovernmental Agreement between the Town of Vail and Eagle River Water and Sanitation District Regarding the 2010 Mill Creek Circle Utility Improvements; and Setting Forth Details in Regard Thereto. (10 min.) PRESENTER(S): Tom Kassmel ACTION REQUESTED OF COUNCIL: Approve, amend or deny Resolution No. 18 Series of 2010. BACKGROUND: The Town of Vail (the "Town ") and Eagle River Water and Sanitation District (the "ERWSD ") have budgeted for a joint reconstruction project along Mill Creek Circle. The project was publically bid and 5 bids were received, ranging between $1.13 and $1.30 million. Ewing Trucking and Construction was the lowest responsible bid at $1.13 million. ERWSD will be administering and entering into a contract with Ewing to complete the project. The Town of Vail will reimburse ERWSD for the Town's portions as delineated in the IGA. The project has $1.1 million budgeted, of which we expect to need $300,000 to complete the Town's portion of the work, thus providing significant savings due to cost sharing and taking advantage of excellent construction pricing. 6/15/2010 STAFF RECOMMENDATION: Approve, amend or deny Resolution No. 18 Series of 2010. 9. ITEM /TOPIC: Adjournment (9:35 p.m.). 6/15/2010 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: June 15, 2010 ITEM /TOPIC: Citizen Participation. PRESENTER(S): Public 6/15/2010 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: June 15, 2010 ITEM /TOPIC: Town Manager's Report. a. Spring Flooding Update. PRESENTER(S): Stan Zemler 6/15/2010 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: June 15, 2010 ITEM /TOPIC: A presentation of the Ever Vail fiscal and economic impact analysis report. PRESENTER(S): Andy Knudtsen and Brian Duffany with EPS ACTION REQUESTED OF COUNCIL: The Town Council is asked to listen to the presentation, ask questions, and provide feedback on the contents of the report. BACKGROUND: Pursuant to Section 12- 71 -713, Submittal Items Required, Vail Town Code, and the scope and potential economic and fiscal impacts of the proposed Ever Vail development, the Town of Vail commissioned an analysis by EPS to evaluate the impacts in terms of revenue generation and the costs to provide municipal services. ATTACHMENTS: EPS Report Memoradum Fiscal Model Sales Tax Data Model 6/15/2010 MEMORANDUM To: Town of Vail From: Andrew Knudtsen and Brian Duffany Economic & Planning Systems Subject: EverVail Fiscal Impacts Date: June 9, 2010 The ,f conornics of JAntd Use Purpose and Background Economic & Planning Systems (EPS) was hired by the Town of Vail to conduct a fiscal and economic impact analysis of the proposed EverVail (ell development. The fiscal impact analysis addresses the costs of providing Town services to the project, compared to the revenues generated by the project. The fiscal analysis accounts for a range of funds including the general fund, the capital fund, the RETT fund, the marketing fund, and the URA fund, all of which are projected to be net positive at project stabilization. The economic impact analysis addresses the ways in which the project is expected to impact others sectors of the Vail economy and how these impacts can be mitigated. This memorandum presents the initial findings of the fiscal impact analysis. The economic impact analysis will be presented at a later date, as described in more detail later in this memo. Development Program The development program as proposed is summarized in Table 1. It includes a total of 525 residential units and hotel rooms. The hotel is currently proposed to be 120 rooms. A 40 unit branded residence condominium component would be associated with the hotel brand, management, and guest services. An additional 317 market rate Economic& Planning Systems, Inc. condominiums are proposed, plus 14 deed restricted rental units and 34 730 17th Street Suite 830 deed restricted for -sale condominiums. The for -sale units would be ❑enver, CO 802p2 -3511 Denve33s57t0 deed restricted to Eagle County residents and full -time local employees. 303 823 9049 fax Berkeley Sacramento Denver www epsys.corn 6/15/2010 3 -1 -1 Memorandum June 9, 2010 EverVail Fiscal Impact Analysis Page 2 Market values for the fiscal impact analysis were obtained from interviews with VR staff. The market rate components are modeled at an average of $1,400 per square foot, or $1.75 million per unit. The hotel market value is estimated to be $426,000 per room, based on 60 percent occupancy, a $350 per night average daily rate, 50 percent operating expenses, and a 9.0 percent capitalization rate. Vail Resorts Development Company (VRDC) staff has indicated that the deed - restricted for -sale units would be priced at approximately $750,000 per unit. Table 1 EverVail Proposed Development Program EverVail Fiscal Impact Analysis Rental Pool Second Home Full Time Description Factors Units Units Resident Units Units Total Hotel 120 120 0 0 Branded Residences 40 34 6 0 Condominiums 317 159 127 32 Deed Restricted Rental 14 0 0 14 Deed Restricted For -Sale 34 0 0 34 Total Units 525 313 133 80 Avg. Sq. Ft. Hotel - -- Branded Residences 1,250 Condominiums 1,250 Deed Restricted Rental Deed Restricted For -Sale 1,250 Market Value /Sq. Ft. Hotel - -- Branded Residences $1,400 Condominiums $1,400 Deed Restricted Rental - -- Deed Restricted For -Sale $600 Market Value /Unit Hotel $426,000 Branded Residences $1,750,000 Condominiums $1,750,000 Deed Restricted Rental $102,000 Deed Restricted For -Sale $750,000 Source: Vail Resorts, Economic & Planning Systems H 120812 Ev Van F Arz yss\Mcz1os1 812 -f s i d, 05 -26 2010,is[l 1�v Prm,.mm 6/15/2010 20812 - Fiscal memo 06- 09- 2010.doc 3 -] -2 Memorandum June 9, 2010 EverVail Fiscal Impact Analysis Page 3 The project is also proposed to contain approximately 158,000 square feet of mixed use retail and commercial space. Approximately 79,000 square feet is programmed as retail and food and beverage space. There is an additional 79,000 square feet of conference, meeting, skier services, spa, and office space, as shown in Table 2. Table 2 EverVail Commercial Development Program EverVail Fiscal Impact Analysis Description Sq. Ft. Retail and F &B Restaurant 30,000 Retail 36,000 Grocer 13,000 Subtotal 79,000 Other Commercial Space Hotel Conference 5,156 Meeting Room 3,840 VRD /Ski School 15,690 Spa 20,710 Office 33.600 Subtotal 78,996 Totals 157,996 Source: Vail Resorts & BBC Research, Economic& Planning Systems H: \2(E12EV Vai F-1 AnayalsW ode is \12781241 A moee1- 05= 2 &2010x1sPCo am a9 De✓ Prag Methodology Fiscal impact analysis (FIA) is a municipal financial planning and community development tool used to evaluate the impacts of land use decisions. It provides order -of- magnitude estimates of the impacts to a Town's ongoing revenues, operations and maintenance costs, and capital expenditures. The intent is not for every project to be fiscally balanced in isolation, but rather for the overall development pattern in the Town to be fiscally viable, as some fiscally negative projects may be offset by other fiscally positive projects. The FIA can, however, identify specific project impacts to be addressed and mitigated such as extraordinary O &M costs, or one -time capital costs triggered by the project. This analysis focuses on the Town's General Fund revenues and expenditures to estimate the net fiscal impact of the project. The General Fund is the major operating fund for the Town. The analysis also estimates the building and construction related revenues; the Real Estate Transfer Tax (RETT); construction use tax; lodging tax; the recreation impact fee; and property tax increment to the URA. The Town has many other smaller revenue sources. Most of these were not analyzed because they do not have a strong nexus to growth and development. In other words, they are determined by contractual agreements or formulas which are not linked to new growth and development. 6/15/2010 20812 - Fiscal memo 06- 09- 2010.doc 3 -I -3 Memorandum June 9, 2010 EverVail Fiscal Impact Analysis Page 4 Tax Revenues The tax revenues described below are ongoing annual revenues that will occur after the project is constructed and occupied, and will continue for the life of the project. Revenues are based on the assumption that 90 percent of visitors to EverVail are net new. The major ongoing tax revenues analyzed are described below: • Sales and Lodging Tax - The Town allocates about 60 percent of sales tax to the general fund and 40 percent to the capital fund. Within the General Fund, sales tax accounts for 37 percent of all general fund revenues. Sales tax includes the 4.0 percent general sales tax and the 1.4 percent lodging tax. The 4.0 sales tax applies to both retail sales and overnight lodging sales. The 1.4 percent lodging tax is dedicated to the Vail Marketing District and is not used to fund Town operations. There is a minor amount of existing retail space on the site. At this time the sales tax lost from this space is not accounted for but is a minor amount that would not affect the conclusions of this analysis. • Property Tax - Property tax is normally a general fund revenue. However, the EverVail project lies within the Lionshead Urban Renewal Area (URA). The URA collects property tax increment revenues in this area. Any new property tax revenue in the URA, including revenues generated by the EverVail project, flows to the URA rather than the general fund. The URA can use these revenues to fund a variety of functions or capital projects within the U RA. • Ski Lift Tax - This is a 4.0 percent sales tax on lift ticket sales. Lift tax revenue contributes to operating the Town's free bus service. • Real Estate Transfer Tax (RETT) -This is a 1.0 percent transaction tax on the sale of real property in the Town of Vail. RETT revenues are restricted to the RETT Fund, which is used for parks, recreation, open space, and environmental sustainability. Construction Related Revenues EverVail will generate several revenue streams during the course of project construction. These are ' time" revenues in that they will end when the project is built out. The primary concern in the FIA is to ensure that the ongoing revenues will cover the costs of services, as construction related revenues cannot be relied on if construction stops. However, construction fees and permits are roughly 15 percent of general fund revenues, and are an important operating revenue source from year to year and should be accounted for in the analysis. • Construction Use Tax - The Town's 4.0 percent construction use tax is applied to the cost of materials. The construction use tax is dedicated to the Capital Fund. • Building Permit and Plan Review Fees - The Town charges a building permit fee based on the construction valuation, and a plan review fee that is 65 percent of the building permit fee. Permit fees go to the general fund. • Recreation Impact Fee - The Town charges a $1.00 per square foot recreation impact fee which is allocated to the RETT fund for parks, recreation, open space, and environmental sustainability. 6/1 5/2010 20812 - Fiscal memo 06- 09- 2010.doc 3 -1 -4 Memorandum June 9, 2010 EverVail Fiscal Impact Analysis Page 5 • Traffic Impact Fee — The Town has traditionally collected a traffic impact fee which is $6,500 per peak hour trip. It has been included in the analysis, recognizing that in previous project approvals, the Town has accepted public road improvements as a credit against the impact fee. Cost and Revenue Methodology The fiscal impact model uses the Town of Vail Budgets and Comprehensive Annual Financial Reports (CAFR) from 2006 -2009 as the basis for estimating revenue and cost factors which are applied to estimate project specific impacts. The analysis compares annual ongoing revenues to ongoing annual expenditures (O &M). One time capital costs are addressed separately. Two methods are used to estimate costs and revenues: case studies, and average cost or revenue multipliers as described below. Case Studies This refers to a specific calculation of the marginal costs or revenues derived from the Project based on available data. Case studies were developed for revenue sources when refined calculation methods were available. For example, property taxes are calculated from expected market values multiplied by the assessment ratio and then multiplied by the applicable mill rates. Sales tax revenues are calculated from estimated visitor expenditures. Police and fire impacts (calls for service) were estimated by constructing a per -unit comparison of call volume in Lionshead Village. Average Cost or Revenue Multipliers These are cost or revenue measures that are ratios of budget line items to known quantities such as population, housing units, or peak persons served. The variable "peak persons served" is defined as population plus visitors plus one half of non - resident employees. Half of non - resident employees reflect the impacts of employees who are only present for a portion of a day. This estimating technique is used when more detailed data is not available. Revenues or expenditures can be expressed in terms of a cost /revenue per capita, or per housing unit, or per peak person served, etc. Some costs and revenues do not increase at the same rate as the Town's growth (i.e. the per capita or person served, etc., factors). For example, general Town administration and government is a relatively fixed cost that does not increase by a one to one ratio with new development. The costs to provide other services such as police and fire are more directly tied to the increase in population and persons served generated by new development. To account for cost variability, a percentage adjustment is applied to gross average cost multipliers to reduce them to a net multiplier. Fiscal Impacts The complete fiscal impact analysis table package is attached. The following is a summary of the estimated revenue and cost impacts of EverVail. The analysis is a snapshot of the project at buildout and stabilized occupancy. 6/1 5/2010 20812 - Fiscal memo 06- 09- 2010.doc 3 -1 -5 Memorandum June 9, 2010 EverVail Fiscal Impact Analysis Page 6 General Fund Net Fiscal Impact The project is estimated to generate $1.39 million in revenue and $426,000 in costs for a positive net fiscal impact of $966,000 per year at buildout. Sales taxes are the largest revenues, with an estimated $556,000 per year in sales tax generated by new visitor spending. Overnight lodging rentals are estimated to generate $511,000 in the 4.0 percent lodging sales tax. The ski lift tax is estimated at $159,000. Table 3 General Fund Net Fiscal Impact EverVail Fiscal Impact Analysis Description Amount Revenue Local Taxes: Retail Sales Tax $556,000 4.0% Lodging Sales Tax $511,000 Ski Lift Tax $159,400 Intergovernmental Revenue County Sales Tax $34,800 County Road and Bridge $65,000 Cigarette Tax $7,039 Charges for Services Fines and Forfeitures $29,798 Other Charges, Services, and Sales $28,392 Total Revenue $1,391,430 Expenses Municipal Services: Administrative $26,803 Community Development $26,441 Public Safety Police $25,033 Fire $21,500 Public Works and Transportation Right -of -Way and Landscaping $148,920 Transportation $150,758 Facility Maintenance $26,200 Total Expenses $425,655 Net Fiscal Impact $965,775 Source: Economic & Planning Systems H: \26312 Eva Vail Fiscal AndAysua,Moals \J2D812 -fi s-A model. xlsp- General_ Fund_Expeises The project and the growth it represents are likely to increase some municipal service expenses. Using an average cost method for Administrative and Community Development functions (per peak person served), their annual impacts are estimated at approximately $28,000 per year each. Based on the projected call volume per unit of development in EverVail, 425 police calls per year and 50 fire calls per year, public safety impacts are estimated at $20,000 to $25,000 per year for each department. 6/15/2010 20812 - Fiscal memo 06- 09- 2010.doc 3 -I -6 Memorandum June 9, 2010 EverVail Fiscal Impact Analysis Page 7 The larger costs triggered by the project are related to increased maintenance of public roads and a new roundabout, and increased ridership and demand on the transit system. Public works staff has prepared cost estimates for right -of -way and median landscaping maintenance, estimated at $150,000 per year. The transportation impacts are preliminary at this point and calculated on an average cost basis using the cost per peak persons served. A specific analysis of the transit system impacts is being prepared by a separate consultant working for the Town. These impacts will be incorporated into this analysis once the transit analysis is complete. One -Time Revenues The project also generates several one -time construction related revenues. These accrue during the construction period. Building permit and plan review fees are estimated at $1.7 and $1.1 million, respectively, or $2.8 million in total as shown in Table 4. If the project is required to pay a traffic mitigation fee, it is estimated at $2.5 million based on 385 PM peak hour trips. Table 4 General Fund One -Time Revenues EverVail Fiscal Impact Analysis Per Year, Ongoing One -Time Assuming 10 Revenue at Revenue Revenue Year Buildout Buildout General Fund Building Permit Fee $1,672,000 $167,200 N/A Plan Review Fee $1,087,900 $108,790 N/A Traffic Mitigation Fee $2,502,500 $250,250 N/A Subtotal $5,262,400 $526,240 Source: Town of Vail, Economic & Planning Systems H:`,2(E 12 Eve' Vail Fiscal Anal ps,MO els \JA812 -fscel m�eI -05-2fi -2J 10x I sJ35 -0m, Time Reven— 6/1 5/2010 20812 - Fiscal memo 06- 09- 2010.doc 3 -I -7 Memorandum June 9, 2010 EverVail Fiscal Impact Analysis Page 8 Other Fund Impacts The other major funds that will be affected by the project are the Capital Fund, the RETT Fund, the Vail Marketing District, and the Urban Renewal Authority, as shown in Table S. The Capital Fund could receive approximately $9.1 in use tax over the course of construction, or about $900,000 per year assuming a 10 year buildout. Some sales and lodging tax would accrue during project construction, but is difficult to estimate without a detailed phasing plan and market forecast. At buildout and stabilized occupancy, the project could generate approximately $711,000 in retail sales and lodging sales tax annually. Table 5 Other Fund Revenues EverVail Fiscal Impact Analysis Per Year, Assuming 10 Ongoing Annual Fund One -Time Revenue Year Buildout Revenue at Buildout Capital Fund Construction Use Tax $9,062,000 $906,200 N/A 4.0% Sales Tax $371,000 4.0% Lodging Sales Tax -- $340,000 Totals $9,062,000 $906,200 $711,000 RETT Fund Initial Sales Resales at Buildout Real Estate Transfer Tax $6,503,000 $650,300 $293,000 One -Time Impact Fee Recreation Impact Fee $815,000 - -- Totals $7,318,000 $650,300 $293,000 Vail Marketing District 1.4% Lodging Tax - -- $298,000 Urban Renewal Authority Town Mill Levy (4.69 Mills) $385,000 Other Taxing Entities $3,386,000 Annual Property Tax Increment $3,771,000 Totals for Other Funds $16,380,000 $1,556,500 $5,073,000 Source: Economic & Planning Systems H120812 Eve'VaiF IAnelysisNodelsJ2)812 -fisca m�eW5- 2 &2010x1sJ36-0tte Fund The RETT fund will receive revenue from the initial developer sales of units, and re -sales after project buildout. The RETT from initial sales is estimated at $6.5 million, or $650,000 per year over a 10 year buildout. Re -sales could generate approximately $293,000 per year assuming 4.5 percent of the units turn over each year. 6/15/2010 20812 - Fiscal memo 06- 09- 2010.doc 3 -I -8 Memorandum June 9, 2010 EverVail Fiscal Impact Analysis Page 9 The Vail Marketing District, funded from the 1.4 percent lodging tax, would receive an estimated $298,000 per year. Tax increment revenue to the URA is estimated at $3.8 million per year at buildout. Prior to buildout, only a portion of the tax increment revenue will accrue as the assessed valuation will be commensurately lower. The annual revenue source does not run in perpetuity, but will sunset at the end of the established 25 -year URA planning period. Economic Impacts In addition to the fiscal impacts addressed above, EPS has been retained to evaluate the economic impacts EverVail will generate to the Town. The effort has been focused on ways to mitigate negative impacts and maximize those that are positive. It is recognized that any new project introduces a level of competition that previously did not exist. A reasonable level of competition is healthy, and the best performing markets do not limit it. The purpose of the economic impact analysis is to document the degree of change expected for various sectors of the community, identify tools that can be used to mitigate these impacts as appropriate, and identify the ways EverVail can broaden the current market. EPS has been working with VRDC staff on the following issues and believes that design modifications, programming tools, and /or incentive programs will be developed over the next few months to maximize the economic benefit to the Town. Issues that have been identified can be categorized as follows: • Retail - Specific areas of analysis include increased expenditure potential, sales flows, cannibalization, supportable floor area, and optimal sizing of retail uses. ■ Hotel - Specific research includes maximizing occupancy, shoulder season occupancies, group business, facilities for group meetings, and attracting the largest share of hotel guests possible to the Vail market. • Condominiums - Areas of analysis include occupancy rates and tools that can be employed to minimize cold beds and maximize warm beds. • Office - Given the planned removal of existing professional office space, the analysis has been focused on preserving the diversity of employment opportunities, albeit limited, that exist today. • Deed restricted housing - The project includes housing for local residents. The analysis will confirm that the project has fulfilled Town requirements for affordable housing. • Parking - The project includes a significant amount of new parking spaces for residents, retail uses, and day visitors. The analysis will focus on the degree the proposed spaces fulfill Town objectives related to parking needs. VRDC is working with the analysis provided to date and is addressing issues in an effort to minimize impacts and maximize the economic benefits to the community. The discussions have yielded the following points of consensus to date, which are listed below to ensure each are carried through project approval. • The project meets fiscal objectives at stabilization. It should also achieve fiscal neutrality (or benefit) during the 10+ year buildout. A phasing plan will be submitted and EPS will run the fiscal model at 1/3 completion and 2/3 completion. 6/1 5/2010 20812 - Fiscal memo 06- 09- 2010.doc 3 -1 -9 Memorandum June 9, 2010 EverVail Fiscal Impact Analysis Page 10 • One -time fiscal /capital costs will be included when the Town's transportation consultant has completed its analysis of the needs for expanded bus service. • Hotel occupancy is a key economic driver. The current plans include 15,000 square feet of meeting space (including two large -scale spaces of 6,000 square and 5,000 square foot) and will help drive group meeting and off - season business. These elements provide a basis to run the fiscal model at 60 percent hotel occupancy and should be included in all future iterations of the development program. • Metro district operations and maintenance costs will be covered through a dedicated O &M mill levy, generating approximately $1.0 to $1.5M annually to sufficiently cover the cost of maintaining the public spaces to Town standards. • Sufficient project identification and debt will be established to enable the Vail Urban Renewal District to collect and expend funds, fulfilling objectives stated in the Lionshead Redevelopment Plan. 6/1 5/2010 20812 - Fiscal memo 06- 09- 2010.doc 3 -1 -10 DRAFT i Sales Tax Analysis EverVail Fiscal Impact Analysis June 9, 2010 Prepared by Economic & Planning Systems 1 of 45 June 9, 2010 6/15/2010 3 -2 -1 DRAFT Tabi.A Table of Contents Ever V ail Fiscal Morel SectionlTable Description Project Assumptions Tablet Resid -tial antl.ACC— dbli.ns Assumptions Tablet Residential antl A..mm.d.ti.ns Assumptions- Occupancies Table3 Commercial Development Program Table4 Visitor Days Generat.d by EVer Vail Table 5 Pmject Peak Population Table 6 Derivation of Monty Occupancy Estimates Town Demogaphi.. Tabled Town of Vail Tmnsienl L.dgmg antl Pillow l nvenlory T11, le6 Town of Vail Peak Demographics Table 9 Vail Population and Households Fiscal Motlel Table 10 General Funtl antl Revenue Estimating Melhotls Table 11 General Funtl Revenue Multipliers Table l2 General Funtl Expenses antl Estimating Melhotls Table 13 General Fund Cost Multipliers Table 14 Town of Vail Sales Tax Structure Revenue Analysis Table 15 Markel Value antl Property Tax Summary Table 16 Aff.rtlable Rental Unit Pricing Table l6 Hotel Valuation Table 18 Commercial Market Value Table 19 L.dgin g Sales Tax Estimate Table 20 Real Estate Transfer Tax Revenue Table 21 L'RITax Revenue Cost Analysis Table 22 Public Right -.f -Way Maintenance Costs Table 23 Lionsheatl. Single Family Equivalents for EStima ling Public Safely Call Volume Table 24 Lionsheatl Fire, Police, and EMS Calls by Pmject Table 25 Pmject SEES antl Calls for Service Table 26 Ebb maletl Cost of Police Service Table 27 Fire Department Impacts One Time Fees antl Revenues Table 26 Con slrucli.n Value Estimate Table 29 l3diding Permit antl Plan Review Fees, antl C.nslmcti.n Use Tax Estimate Table 30 Recreation lm pact Fee Table 31 Traffic Mitigation Fee Results Tables Table 32 Eslimaletl General Funtl Revenues al Pr jest Builtloul Tabl.33 Estimated Genera I Funtl Expenses al Builtloul Table 34 Net Fiscal Impact(. General Funtl, Annual, al Builtlout Table 35 General Fund One -Time Revenues Table 36 Other Fund Revenues Prepared by Economic & Planning Systems 2 —5 June 9, 2- 6/15/2010 3 -2 -2 DRAFT 1. Project Assumptions Prepared by Economic & Planning Systems 3 of 45 June 9, 2010 6/15/2010 3 -2 -3 DRAFT Table 1 Residential and Accommodations Assumptions Description Factors Rental Second Perm. Units Total Pool Homes Residents Hotel 120 120 0 0 Branded Residences 40 34 6 0 Condominiums 317 159 127 32 Deed Restricted Rental 14 0 0 14 Deed Restricted For -Sale 34 0 0 34 Total Units 525 313 133 80 Avg. Sq. Ft. Hotel - -- Branded Residences 1,250 Condominiums 1,250 Deed Restricted Rental Deed Restricted For -Sale 1,250 Market Value /Sq. Ft. Hotel - -- Branded Residences $1,400 Condominiums $1,400 Deed Restricted Rental - -- Deed Restricted For -Sale $600 Market Value /Unit Hotel $426,000 Branded Residences $1,750,000 Condominiums $1,750,000 Deed Restricted Rental $102,000 Deed Restricted For -Sale $750,000 Source: Vail Resorts, Economic & Planning Systems H121 --lF 1 anzNsis1 - 111lmo,211 - 1a 12o .�n 1, Prepared by Economic & Planning Systems 4 of 45 June 9, 2010 6/15/2010 3 -2 -4 DRAFT Table 2 Resitlential antl Accommotla[ions Assumptions - Occup Motle Description Assumptions [11 In Rental Pool Hote l00% Bmntletl Resltlenees H% Contlominiums (Free Market) 50% Deetl R-1— Rental o% Deetl Reet,—d For -Sale o% Secontl Homes ( "Cold Betls') Hotel o Bmntletl Resltlences 15% Contlominiums (Free Market) 40% Deetl Ree 1i ,! Rental o% Deetl Reet,—d For -Sale o% Permanent Resitlents Hotel o Bmntletl Resmenees o% Centlemlmums (Fee Market) 1o% Deetl Ree1i ,! Rental 100 De Reet,—d For -Sale 100 %% Total (Atltls to 100% by unit Type Hotel 00% Bmntletl Resmenees l00% Centlemlmums (Free Market) l00% Deetl R-1— Rental 100 Deetl Reet,—d F.,-Sale i00% Annual Occupancy Hotel fio% Bmntletl Resltlences 45% Contlom iniums In Rental Pool 30% Seeentl Heme Centl --- 20% Peak Occupancy Hotel 9o% Bmntletl Resmenees .% cenaemmmms m Renal Peel 9o% Seeentl Heme C.—m-- 50% Persons per Unit Hnel 2.0 Bmntletl Resltlences 3.o Contlominiums in Rental Pool 3.5 Secontl Home Contlominiums 2.5 Permanent Resitlents 2.09 Irl Developed rmm swcssions wi ai eso s e p nt pa y Preparetl by Economic & Planning 50(45 June 9, 2010 6/15/2010 3 -2 -5 DRAFT Table 3 Commercial Development Program Description Sq. Ft. Retail and F &B Restaurant 30,000 Retail 36,000 Grocer 13 000 Subtotal 79,000 Other Commercial Space Hotel Conference 5,156 Meeting Room 3,840 VRD /Ski School 15,690 Spa 20,710 Office 33 600 Subtotal 78,996 Totals 157,996 Source: Vail Resorts & BBC Research, Economic & Pla H-12—r-I-1 v —1e 1l2oi2r -1—.11 >2111 wslicomma Prepared by Economic & Planning Systems 6 of 45 June 9, 2010 6/15/2010 3 -2 -6 DRAFT Table 4 Visitor Days Generated by Ever Vail Net New Annual Room Persons Visitor Visitor Description Units Occupancy Nights per Unit Reduction Days 365 Days Hotel 120 60% 26,300 2.0 90% 47,300 Branded Residences in Rental Pool 34 45% 5,600 3.0 90% 15,100 Condos in Rental Pool 159 30% 17,400 3.5 90% 54,800 Second Home Condos 133 20% 9 2.5 90% 21, 800 Totals 445 59,000 139,000 Source: Economic & Planning Systems H- 121 --11 -1 v aisibo121 -1 mIawswmaowslo-P laavisimoa Prepared by Economic & Planning Systems 7 of 45 June 9, 2010 6/15/2010 3 -2 -7 DRAFT Table 5 Table 5a Project Peak Population Project Employment Estimate Persons Peak Employees/ Employees Description Units i Peak Occupancy per Unit Population Description Sq. Ft. 1,000 Sq. Ft. Generated Overnight Visitors Rental Pool Retail and F &B Hotel 120 100 90% 2.0 216 Restaurant 30,000 3.55 107 Branded Residences 40 85,, 90% 3.0 92 Retail 36,000 3.00 108 Condominiums 317 50'' 90% 3.5 499 Grocer 13 000 3.00 39 Totals 477 807 Subtotal 79,000 254 Second Homes 2nd Hom ther Commercial Space Branded Residences 40 f es 50% 3.0 9 Hotel Conference 5,156 -- - -- Condominiums 317 4 0°i 50% 2.5 159 Meeting Room 3,840 -- -- Totals 357 168 VRD /Ski School 15,690 3.00 47 Spa 20,710 3.55 74 Permanent Residents i Residents Office 33 600 3.55 119 Condominiums 317 10% 100% 2.09 66 Subtotal 78,996 240 Deed Restricted Rental 14 100% 100% 2.09 29 Deed Restricted For -Sale 34 100% 100% 2.09 71 Totals 157,996 493 Totals 365 167 Commuters Net New % Commuting 60% Net New Parking /Day Visitors 750 50% 90% 2.6 878 Non - resident employees 294 Non - resident employee impact % 50% Plus 1/2 of Non - Resident Employees 147 Non - resident employee impact 147 Total Peak Population 2,166 Note: Does not include maintenance facility employees which are existing, not net new. Source: Vail Resorts & BBC Research, Economic & Planning Systems Source: Economic& Planning Systems - -111.1 1 maaew�zazo,o wiu��na�ka�,iae., Prepared by Economic & Planning Systems 8 o/ 45 June 9, 2010 6/15/2010 3 -2 -8 DRAFT Table 6 Derivation of Montly Occupancy Estimates Branded Condo - Month Days Hotel Residences miniums Annual Occupancy 60% 45% 30% January 31 90% 68% 45% February 28 90% 68% 45% March 31 90% 68% 45% April 30 53% 40% 27% May 31 35% 26% 18% June 30 65% 49% 33% July 31 65% 49% 33% August 31 65% 49% 33% September 30 47% 35% 23% October 31 33% 25% 17% November 30 33% 25% 17% December 31 53% 40% 27% Annual Average 365 60% 45% 30% Source: Economic & Planning Systems H121— au Faabin aisgmoians�im�awsummwsisMOmoy o wmauo Prepared by Economic & Planning Systems 9 of 45 June 9, 2010 6/15/2010 3 -2 -9 DRAFT 2. Town Demographics Prepared by Economic & Planning Systems 10 of 45 June 9, 2010 6/15/2010 3 -2 -10 DRAFT Table 7 Town of Vail Transient Lodging and Pillow Inventory Avg. Avg. Pillows/ Pillow Occ'y Persons/ Unit Type Units Pillows Unit [1] Unit Hotel Rooms, Studios, Suites 1,835 5,697 3.1 75% 2.3 Condominiums 1,793 10,886 6.1 65% 19 Private Homes 78 764 9.8 55% 5.4 Total / Average 3,706 17,347 4.7 3.5 Note: Includes fractionals Source: MTRiP; Economic & Planning Systems H-121--1 1-1 v eis1lmo121- 1— .111lvzoaowsyrPU �ao� Prepared by Economic & Planning Systems 11 of 45 June 9, 2010 6/15/2010 3 -2 -11 DRAFT Table 8 Town of Vail Peak Demographics Fact Calculation Jobs Private Employment 7,900 Town Employees 290 Total Jobs 8,190 Retlud —. Multiple -Job Holtlings 11 607 Total Employees too 6,293 Distribution of Workers [11 Resitlent Employees 2,540 Non - Resitlent Employees(Commutem) aoi 3,750 Lotlging [21 Lotlging Inventory 3,7D6 Persons per Unit 3.5 Peak Occupancy ]3 Peak Overnight Visitors 9,000 Secontl Homes Secentl Hnme units ]2] 2,400 Peraens Pe, unit 2. 5o Peak Occupancy 5o% Peak Overnight Visitors 3,000 Parking Vail Village Structure Spaces 1,150 Lionsheatl St —, Spaces 1,250 Persons per Car 2.6 Peak Occupancy 98 Peak Day Visitors antl Non -Vail Ltlgetl Guests 6,115 Peak Persons S.,— Resitlen[s zo 4,960 Secontl Homeowners 3,000 Overnigh[Visitors 9, 000 Non - Resitlent Employees]3] 5oi 1,8]5 Parking fi�i5 Total Peak Persons Servetl 24,950 12 us cea.�.. u�l Emplonrem q,remle 121 E+im tames i..ic cci. i.. Ne cei..i..eca co she m�ree�ulrer� Lndlne n ru i taaanegm a am a e Isl�aauere p area..um�mnare co perm cure �aeadare maanem re. Piep -by Economic & Planning 12 0(45 June 9, 2010 6/15/2010 3 -2 -12 DRAFT Table 9 Vail Population and Households Description 2008 Household Population 4,960 Group Quarters 13 Total Population 4,973 Occupied Housing Units (Households) 2,369 Vacant and /or Seasonal Housing Units n 4 572 Total Housing Units 6,941 Rental Pool Lodging Hotel Rooms 1,534 Condos a 2,094 Single family and townhome c 78 Total 3,706 Second Homes n -e -c 2,400 Source: MTRiP CO State Demographer; Economic & Planning Systems H120812 Ever Va F,cal AnMysis\MOdels\[ 20812 -fscal model- 05 -26- 2010.x1,19- Housing Unit Ocr, Prepared by Economic & Planning Systems 13 of 45 June 9, 2010 6/15/2010 3 -2 -13 DRAFT 3. Budget Analysis Prepared by Economic & Planning Systems 14 of 45 June 9, 2010 6/15/2010 3 -2 -14 DRAFT Table 10 General Fund antl Revenue Estimating Methotls Gross 2006 -2008 One Time or Revenue Revenue 2006 2007 2008 2009 Avg. Estimating Methotl Ongoing Revenue Factor Local Ta Seles Tax Split b/t Gen 'I F- d &Gapilal.FUntl 56/44 59/41 59/41 Seles Tax(Incl. L.dgmg Sales Tax) $9,345,660 $10,741,500 $11,640,000 $9,760,000 $10,575,720 Case Slutly Ongoing - Pmperly- d0- er,hip 2,931,347 3,012,030 4,309,622 4,293,500 3,417,666 Case Slutly Ongoing -- Ski Lift Tax 2,975,097 3,039,619 3,277,703 3,115,000 3,097,473 Case Slutly Ongoing - Fmnchi,e Fees, Penalties, and Other Taxes 881 328 877 634 1 075209 1 049 935 945 724 C -t-Wal Revenue - Not Analyzetl - - - - Total -Local Taxes 16,136,432 17,670,783 20,302,534 18,218,435 18,036,583 Licenses & Permits Construction Fees 3,481,989 4,992,752 3,799,444 -- 4,091,395 Case Slutly One -Time -- Conlmctor,'Licen,e, 30,993 34,398 42,061 -- 35,817 Not Analyzetl -- -- OlherPermil,antlLicen,e, 48.774 55867 61521 -- 55387 Not Analyzetl -- -- Total- Licenses antl Permits 3,561,756 5,083,017 3,903,026 1,335,200 1,335,200 Inleroovernmenlal Revenue County Sales Taz 570,445 603,364 625,674 -- 599,828 Case Slutly Ongoing - - CounlyR..dmdBridge 488,095 497,974 733,673 -- 573,247 Case Slutly Ongoing -- Molor Vehicle Regislmlion Fees 25,673 25,578 25,109 -- 25,453 Not Analyzetl -- -- CigamlleTax 80,738 81,781 80,913 - 81,144 Per Peak Person S etvetl Ongoing $81,100 Highway USers Tax 202,188 191,042 179,605 - 190,945 Not Analyzetl - - StateHealthlnspection 11,748 18,822 11,768 - 14,113 Not Analyzetl - OtherC.- ty Revenue, 0 0 0 -- 0 Not Analyzetl -- -- OlherStaleS.,ce, 400 30,936 49,455 -- 26,930 Not Analyzetl -- -- Fetleral S-ce, 97883 59542 0 - - 52508 Not Analyzetl - - - - Total- Intergovernmental 1,477,270 1,509,039 1,706,197 1,581,680 1,581,680 Chame, for Services Management Fees(LOcal Marketing Dislncl) 22,172 66,750 93,000 - 60,641 Not Analyzetl - - InlernalSetviceCharge 356,841 318,297 550,409 - 408,516 Not Analyzetl - - Oul of District Fire Response 40,535 57,393 97,526 - - 65,151 Not Analyzetl - - - - AlarmM- itoring Fees 49,188 36,953 37,853 -- 41,331 Not Analyzetl -- -- ParkingSlruclure, 3,451,912 3,592,596 3,905,299 5,459,744 3,649,936 Not Analyzetl- Developer Revenue -- -- Parking P asses, Mi,c. Parking Revenue 555,422 921,796 800,686 -- 759,301 Not Analzetl -- -- FinesantlFOrfeilure, 286,197 347,090 396,707 260,000 343,331 Per Peak Person Servetl Ongoing $343,300 Rents 827,280 897,958 949,961 906,382 891,733 Not Analyzetl -- -- OlherCharge,, Services, -d Sales 291027 357.755 332167 681788 321083 Per Peak Person Servetl Ongoing $327,100 Total - Chatgesfor Services 5,880,574 6,596,588 7,163,908 7,312,914 6,547,023 Other Rev Interest on 820,136 984,040 571,072 115,000 791,749 Not Analyzetl - - Olher 501,699 9]_5016 630`5 805`0 281580 Not Analyzed - - Total,OtherRevenues 1,321,835 1,179,056 734,097 295,500 1,078,329 Total Revenue $28,377,867 $32,03BA83 $33,809,762 $28,743,729 $28,578,816 Natecsamerevenues erenamec en mc beceuse a e,tM1re) as not M1eveenexus w,th -d p ntr b)erem,iwrrevenue saumes lhl.11 at the project Prepared by Economic& Planning Systems 150 5 June 9, 2010 6/15/2010 3 -2 -15 DRAFT Table 11 General Fund Revenue Multipliers 2006 -2008 Revenue Factors Avg. Denom- Gross % Net Revenue Estimating Method Revenue inator Multiplier Variable Multipler Local Taxes: Sales Tax (Intl. Lodging Sales Tax) Case Study - -- - -- - -- - -- - -- Property and Ownership Case Study - -- - -- - -- - -- - -- Ski Lift Tax Case Study - -- - -- - -- - -- - -- Franchise Fees, Penalties, and Other Taxes Contractual Revenue- Not Analyzed - -- - -- - -- - -- - -- Licenses & Permits Construction Fees Case Study - -- - -- - -- - -- - -- Contractors'Licenses Not Analyzed - -- - -- - -- - -- - -- Other Permits and Licenses Not Analyzed - -- - -- - -- - -- - -- Interoovernmental Revenue County Sales Tax Case Study -- -- — - -- County Road and Bridge Case Study -- -- -- -- - -- Motor Vehicle Registration Fees Not Analyzed - -- - -- - -- -- - -- Cigarette Tax Per Peak Person Served $81,100 24,950 $3.25 100% $3.25 Highway Users Tax Not Analyzed - -- - -- - -- - -- - -- State Health Inspection Not Analyzed - -- - -- -- - -- - -- Other County Revenues Not Analyzed - -- - -- - -- -- - -- Other State Sources Not Analyzed - -- - -- - -- - -- -- Federal Sources Not Analyzed - -- - -- - -- -- - -- Charges for Services Management Fees (Local Marketing District) Not Analyzed - -- - -- - -- — - -- Internal Service Charge Not Analyzed - -- - -- - -- - -- - -- Out of District Fire Response Not Analyzed - -- - -- -- — - -- Alarm Monitoring Fees Not Analyzed - -- - -- - -- - -- - -- ParkingStructures Not Analyzed- Developer Revenue - -- - -- - -- - -- - -- Parking Passes, Misc. Parking Revenue Not Analzed - -- - -- - -- - -- - -- Fines and Forfeitures Per Peak Person Served $343,300 24,950 $13.76 100% $13.76 Rents Not Analyzed - -- - -- - -- - -- - -- Other Charges, Services, and Sales Per Peak Person Served $327,100 24,950 $13.11 100% $13.11 Other Revenues Interest on Investments Not Analyzed - -- - -- - -- - -- - -- Other Not Analyzed - -- - -- - -- - -- - -- Source: Town of Vail, Economic & Planning Systems Note: Some revenues are not —,zed because they are either a) d. not have a nexus with new developmeht or b) are minor revenue sources that will not significantly affed the fiscal Impavl of the prged. Prepared by Economic & Planning Systems 16.1`45 June 9.2010 6/15/2010 3 -2 -16 DRAFT Table 12 General Fund Expenses and Estimating Methods Avg. Cost 2006 -2008 Method Cost Expenditures by Type 2004 2005 2006 2007 2008 2009 Avg. Numerator Estimating Method CAFR CAFR CAFR CAFR CAFR Amentletl BUtlgel (2006 -2008 Avg.) Municipal Services: Town Officials $937,265 $951,828 $1,171,124 $1,245,517 $1,224,007 $1,261,297 $1,213,549 — Not Analyzed - FixedCost Administrative 2,482,363 2,713,779 2,944,160 3,155,193 3,164,384 3,234,825 3,087,912 $3,087,900 Per Peak Person Served Community Development 1.645.735 1.883.625 2.481.703 3.329.590 3.327.400 2.405.353 3.046,231 $3,046,200 Per Peak Person Served Total - General Government 5,065,363 5,549,232 6,596,987 7,730,300 7,715,791 6,901,475 7,347,693 Public Safety Police 4,155,086 4,364,169 4,451,637 4,799,831 5,047,503 5,315,289 4,766,324 — CaseStudy - #ofCalls Fire 1.730,546 1.945.426 2.083.075 2.305.073 2.577.087 2.735.009 2.321.745 -- Case Study - # of Calls Total- Public Safety 5,885,632 6,309,595 6,534,712 7,104,904 7,624,590 8,050,298 7,088,069 Public Works and Transportation Highways and Streets 2,390,515 2,956,645 3,020,483 3,134,300 3,717,159 3,552,133 3,290,647 - -- Case Study Transportation 2,803,253 3,009,848 3,176,855 3,390,419 3,853,826 4,629,449 3,473,700 $3,473,700 Case Study Parking Operations 600,548 675,843 705,679 795,353 926,689 - -- 809,240 - -- Not Analyzed Facility Maintenance 2.458.015 2.669.800 2.722.637 3.045.019 3.281.389 3.723.070 3.016,348 $3,016,300 Per Peak Person Served Total- Public Works 8,252,331 9,312,136 9,625,654 10,365,091 11,779,063 11,904,652 10,589,936 Culture and Recreation Contributions and Special Events 996,662 831,472 986,792 1,293,767 1,541,498 1,524,634 1,274,019 - -- Discretionary Expense- Not Analyzed Special Recreation Facilities 178,912 192,735 196,854 168,224 161,594 - -- 175,557 - -- Fixed Cost - Not Analyzed Library 657 952 658 886 664 856 752 031 828 056 825 745 748 314 - -- Fixed Cost - Not Analyzed Total - Culture and Recreation $1,833,526 $1,683,093 $1,848,502 $2,214,022 $2,531,148 $2,350,379 $2,197,891 Total Expenditures $21,036,852 $22,854,056 $24,605,855 $27,414,317 $29,650,592 $29,206,804 $27,223,588 Revenue Over or Under Expenditures $2,423,235 $2,717,580 $3,772,012 $4,624,166 $4,159,170 - $463,075 $1,355,228 Transfers Out $1,773,800 $126,687 $2,012,772 $222,500 $991,000 Beginning Fund Balance $10,376,744 $11,026,179 $13,617,072 $15,376,312 $19,777,979 Ending Fund Balance $11,026,179 $13,617,072 $15,376,312 $19,777,979 $22,946,149 Source'. Town of Vail', Economic &Planning Systems Note'. Some revenues are nolanalyzetl because they are either a) tlo not have a nexus with new development orb) are minor revenue sources that will not significantly affect the fiscal impact of the project. [1] Less $1.2 million in expentliW res for the Town Bay Care facility. Prepared by Economic & Planning Systems 17 0/45 June 9, 2010 6/15/2010 3 -2 -17 DRAFT Table 13 General Fund Cost Multipliers Cost Factors 2006 -2008 Avg. Denom- Gross % Net Expenditures by Type Estimating Method Expenses inator Multiplier Variable Multipler Municipal Services: Administrative Per Peak Person Served $3,087,900 24,950 $123.76 10% $12.38 Community Development Per Peak Person Served $3,046,200 24,950 $122.09 10% $12.21 Public Safety Police Case Study - # of Calls -- See case study Fire Case Study - # of Calls -- See case study Public Works and Transportation Highways and Streets Case Study -- See case study Transportation Per Peak Person Served $3,473,700 24,950 $139.23 50% $69.61 Parking Operations Not Analyzed -- -- - -- — -- Facility Maintenance Per Peak Person Served $3,016,300 24,950 $120.89 10% $12.09 Source: Town of Vail: Economic & Planning Systems [1] Less $1.2 million in expenditures for the Town Day Care facility. u-12 - - FSal n� 1a 1[bi2f -1 mma xisliaa _ _me �s Prepared by Economic & Planning Systems 18 of 45 June 9, 2010 6/15/2010 3 -2 -18 DRAFT Table 14 Town of Vail Sales Tax Structure Tax Rate State of Colorado 2.9% Eagle County 1.0% Eagle County Transportation 0.5% Town of Vail 4.0% Total Sales Tax 8.4% Vail Local Marketing District (Lodging) 1.41 Total Lodging Tax 9.8% Source: Town of Vail; Economic & Planning Systems n-1 au1 -1 v eis1lmo12r —i mIawswzmo.1n]1 —ias T. swa Prepared by Economic & Planning Systems 19 of 45 June 9, 2010 6/15/2010 3 -2 -19 DRAFT 4. Revenue Analysis Prepared by Economic & Planning Systems 20 of 45 June 9, 2010 6/15/2010 3 -2 -20 DRAFT Table 15 Market Value and Property Tax Summary Market Total Market Assessment General Fund Road and URA Tax Unit Type Value /Unit Units Value Rate Assessed Value Property Tax Bridge Increment 4.690 per $1,000 .8 per $1,000 46.124 per $1,000 Hotel $426,000 120 $51,120,000 29.00% $14,825,000 $70,000 $12,000 $684,000 Branded Residences $1,750,000 40 $70,000,000 7.96% $5,572,000 S26,000 $4,000 $257,000 Condominiums $1,750,000 317 $554,750,000 7.96% $44,158,000 $207,000 $35,000 $2,037,000 Deed Restricted Rental $102,000 14 $1,428,000 7.96% $114,000 $1,000 $0 $5,000 Deed Restricted For -Sale $750,000 34 $25,500,000 7.96% $2,030,000 $10,000 $2,000 $94,000 Retail and Restaurant - -- -- $34,236,000 29.00% $9,928,000 $47,000 $8,000 $458,000 Other Commercial -- -- $17.611.000 29.00% $5.107.000 $24,000 $4,000 $236,000 Totals $4,778,000 525 $754,645,000 $81,734,000 $385,000 $65,000 $3,771,000 Source: Economic & Planning Systems 1 12—wa1 F -1 v n 1a 1imo,an I m1.11s 2111 .1 n]I v P p, Prepared by Economic & Planning Systems 21 of 45 June 9, 2010 6/15/2010 3 -2 -21 DRAFT Table 16 Affordable Rental Unit Pricing Description Calculation Median Family Income, 2.0 Person Household, 80% of AM] $51,200 Payment Capacity Monthly Payment [1] $1,200 Gross Potential Income $14,400 Occupancy 85% Effective Gross Income $12,240 Operating Expenses 25/ -3060 Net Operating Income (NOI) $9,180 Cap Rate 9.0% Market Value /Unit $102,000 [11 Estimated from HUD fair market rent data for Eagle County. Source: Economic & Planning Systems H�oo,z�vau F� v nn �aslmo ,an�m�awsum,ownsaam�Mv Prepared by Economic & Planning Systems 22 of 45 June 9, 2010 6/15/2010 3 -2 -22 DRAFT Table 17 Hotel Valuation Description Factor Average Daily Rate $350 Rooms 120 Days 365 Potential Gross Income $15,330,000 Occupancy 60 Effective Gross Income $9,198,000 Operating Expenses 50% Net Operating Income (NOI) $4,599,000 Capitalization Rate 9.0 Market Value $51,100,000 Per Room $426,000 Source: Economic & Planning Systems H 11121wa1 F..i arabnn�asyzoo,an,� m�aws2 >zo,o b,n,�oa vas Prepared by Economic & Planning Systems 23 of 45 June 9, 2010 6/15/2010 3 -2 -23 DRAFT Table 18 Commercial Market Value Rent/ Potential Effective Gross Capitalization Description Sq. Ft. Sq. Ft. Gross Income Vacancy Income Rate Market Value Retail and F &B Restaurant 30,000 $50 $1,500,000 85% $1,275,000 9.0% $14,167,000 Retail 36,000 $50 $1,800,000 85% $1,530,000 9.0% $17,000,000 Grocer 13600 $25 $325,000 85% $276,250 9.0% $3,069,000 Subtotal 79,000 $3,625,000 $3,081,250 $34,236,000 Other Commercial Space Hotel Conference 5,156 -- $0 85% $0 9.0% $0 Meeting Room 3,840 -- $0 85% $0 9.0% $0 VRD /Ski School 15,690 $15 $235,350 85% $200,048 9.0% $2,223,000 Spa 20,710 $30 $621,300 85% $528,105 9.0% $5,868,000 Office 33600 $30 $1.008.000 85% $856,800 9.0% $9.520.000 Subtotal 78,996 $1,864,650 $1,584,953 $17,611,000 Totals 157,996 $5,489,650 $4,666,203 $51,847,000 Source: Economic & Planning Systems Prepared by Economic & Planning Systems 24 of 45 June 9, 2010 6/15/2010 3 -2 -24 DRAFT Table 19 Lodging Sales Tax Estimate Room Nights Avg. Daily 4% Sales Tax (Gen'I. Fund & Vail Local Marketing Description Sold Rate Lodging Sales Capital Fund ) District Tax General Fund Capital Fund 60% 40% 1.4% Hotel 26,300 $350 $9,205,000 $221,000 $147,000 $129,000 Branded Residences 5,600 $450 $2,520,000 $60,000 $40,000 $35,000 Condominiums 17400 $550 $9.570.000 $230,000 $153,000 $134,000 Totals 49,300 $21,295,000 $511,000 $340,000 $298,000 Source: Economic & Planning Systems H- 121- -1F —I —1 1. Prepared by Economic & Planning Systems 25 of 45 June 9, 2010 6/15/2010 3 -2 -25 DRAFT Table 20 Real Estate Transfer Tax Revenue Resales Market Total Market RETT from Annual Over 10 Annual Unit Type Value /Unit Units Value Initial Sales Year Buildout Turnover Sales RETT 1.0% 1.0 Hotel $426,000 120 $51,120,000 -- -- - -- -- -- Branded Residences $1,750,000 40 $70,000,000 $700,000 $70,000 4.5% $3,150,000 $32,000 Condominiums $1,750,000 317 $554,750,000 $5,548,000 $554,800 4.5% $24,964,000 $250,000 Deed Restricted Rental $102,000 14 $1,428,000 - -- - -- - -- - -- - -- Deed Restricted For -Sale $750,000 34 $25.500.000 $255.000 $25,500 4.5% $1.148.000 $11.000 Totals 525 $702,798,000 $6,503,000 $650,300 $29,262,000 $293,000 Source: Economic & Planning Systems H 12E --lF -1 v n 1e 1[moians 1 mwewsummwslmaerr aevenue Prepared by Economic & Planning Systems 26 of 45 June 9, 2010 6/15/2010 3 -2 -26 DRAFT Table 21 Lift Tax Revenue Ski Lodging Occupancy Visitor Days Skier Visits Season Branded Condo- Branded Condo- Skier Time Period Days Hotel Residences miniums Hotel Residences miniums Total Participation Days Skied Ticket Sales 70 80 2 people /unit 3 people /unit 3.5 people /unit 75 %purch. ticket 120 units 40 units 317 units 477 units $97 /day 100% rental pool 85% rental pool 50% rental pool 4.0% Tax 20 -Nov 30 -Nov 10 33% 25% 17% 800 300 1,800 2,900 2,030 1,624 $4,700 1 -Dec 31 -Dec 30 53% 40% 27% 3,800 1,400 8,900 14,100 9,870 7,896 23,000 1 -Jan 31 -Jan 30 90% 68% 45% 6,500 2,400 15,000 23,900 16,730 13,384 38,900 1 -Feb 28 -Feb 27 90% 68% 45% 5,800 2,200 13,500 21,500 15,050 12,040 35,000 1 -Mar 31 -Mar 30 90% 68% 45% 6,500 2,400 15,000 23,900 16,730 13,384 38,900 1 -Apr 18 -Apr 17 53% 40% 27% 2200 800 5 000 8600 5 600 480 13 000 Totals 144 25,600 9,500 59,200 94,300 66,010 52,808 $153,500 (skier visits) Source: Economic & Planning Systems H¢ 12EVer P-1 mw 1e 1[mo- -1.1.1 12011 .1.]21 un Tax Prepared by Economic & Planning Systems 27 of 45 June 9, 2010 6/15/2010 3 -2 -27 DRAFT S. Cost Analysis Prepared by Economic & Planning Systems 28 of 45 June 9, 2010 6/15/2010 3 -2 -28 DRAFT Table 22 Public Right -of -Way Maintenance Costs Labor & Equipment Hours $ /Hour Qty. Total Snow Removal, Hauling, Sweeping Loaders 2.0 $125 55 $13,750 Plow Truck 1.0 $110 55 $6,050 Loaders - Roundabouts 8.0 $125 14 $14,000 Loader and Blower- Roundabouts 8.00 $305 14 $34,160 End dump trailers 24.00 $110 14 $36,960 Summer Sweeping 2.00 $225 30 $13,500 Materials Qty. Cost Total Magnesium Chloride (gal.) 5,000 $0.90 $4,500 Cinders (ton) 100.00 $30 $3,000 Subtotal [1] $125,920 Landscaping /Grounds Ever Vail Roundabout $0.60 /SF 38,430 Sq. Ft. $23,000 Total $148,920 [11 Costs include 0.5 FTEs Source: Town of Vail: Economic & Planning Systems H¢ooizEVervau ris�i v n�eislmoians�i moaewszsmmws]ersrees Prepared by Economic & Planning Systems 29 of 45 June 9, 2010 6/15/2010 3 -2 -29 DRAFT Table 23 Lionshead Single Family Equivalents for Estimating Public Safety Call Volume Dwelling Accomm. Empl. Comm. Sq. Total Project Units Units Housing Ft. SFEs Landmark 76 0 2 12,445 Lift House 45 0 0 13,357 Lionshead Centre 25 0 0 19,550 Lionshead Arcade 16 0 0 5,200 Lion Square Lodge 109 28 0 4,850 Arabelle 67 85 0 43 524 Totals 338 113 2 98,926 Single Family EquiVailnts Conversion Factor 1.00 035 1.00 3,000 Single Family EquiVailnts 338 40 2 33 413 Lionshead Structure Parking Spaces 1,250 Source: Town of Vail, Economic & Planning Systems Prepared by Economic & Planning Systems 30 of 45 June 9, 2010 6/15/2010 3 -2 -30 DRAFT Table 24 Lionshead Fire, Police, and EMS Calls by Project Calls for Service Project Police Fire Landmark 40 11 Lift House 54 1 Lionshead Centre 17 6 Lionshead Arcade 3 1 Lion Square Lodge 33 12 Arabelle 149 4 Totals 296 37 Calls per SFE 413 SFEs 0.72 0.09 Lionshead Parking Structure Calls 192 11 Calls per Parking Structure Space 1,250 Spaces 0.154 0.009 Source: Town of Vail, Economic & Planning Systems Prepared by Economic & Planning Systems 31 of 45 June 9, 2010 6/15/2010 3 -2 -31 DRAFT Table 25 Project SFEs and Calls for Service Units or Sq. SFEs /Unit Ft. SFEs Calls Ever Vail SFEs Hotel 0.35 120 42 Branded Residences 1.00 40 40 Condominiums 1.00 317 317 Deed Restricted Rental 1.00 14 14 Deed Restricted For -Sale 1.00 34 34 Commercial (Sq. Ft. /SFE) 3,000 157,996 53 Total SFEs 500 Residential and Comm. Calls Calls /SFE Police 0.72 358.5 Fire 0.09 44.8 Parking Calls Calls /Space Police 0.154 750 Spaces 115.2 Fire 0.009 750 Spaces 6.6 Total Calls (Rounded) Police 475 Fire 50 Estimated from the number of calls and SFES in the Ambelle project. Source: Economic & Planning Systems H- 12— r-IFi —I v m 1a 1[2oor2r-1 —.11 zs2111 mg1P Jad taus Prepared by Economic & Planning Systems 32 of 45 June 9, 2010 6/15/2010 3 -2 -32 DRAFT Table 26 Estimated Cost of Police Service Description Factor Calculation Number of Calls 475 Officers per Call 1.5 Time per call (hrs) 0.75 Staff Hours 534 Staff Cost $32 $17,100 Dispatch Cost $16.70 $7,933 Total $25,033 Approx. Full Time EquiVailnts 2,000 hrslyr 0.27 Source'. Economic & Planning Systems H-12EV —1 Fi -I v — 1e1[morans 1 moaeFOSZSmiowslzsvoiice con Prepared by Economic & Planning Systems 33 of 45 June 9, 2010 6/15/2010 3 -2 -33 DRAFT Table 27 Fire Department Impacts Description Calculation Annual Fire Department Calls 50 Vehicle Impacts Avg. Time per Call (hrs.) 1.0 # of Vehicles 2.5 Annual Calls 50 Operating Cost per Hour $48 Annual Vehicle Operating Cost $6,000 Staff Impacts Avg. Time per Call (hrs.) 1.0 Staff /Engine 4.0 # of Vehicles 2.5 Staff /Call 10 Annual Calls 50 Staff Hours 500 Staff Cost/Hour /Person $31 Staff Hours 500 Staff Costs $15,500 Total Annual Impact $21,500 Approx. Full Time EquiVailnts 2.000 hrslyr 0.25 Source: Economic & Planning Systems H-12 --l-1 —a1 — Prepared by Economic & Planning Systems 34 of 45 June 9, 2010 6/15/2010 3 -2 -34 DRAFT 6. One Time Fees and Other One Time Revenues Prepared by Economic & Planning Systems 35 of 45 June 9, 2010 6/15/2010 3 -2 -35 DRAFT Table 28 Construction Value Estimate Market Total Market Construction Unit Type Value /Unit Units Value % Land % Profit Vertical Costs % Labor Labor $ % Materials Materials $ Value Residential and Lodging Hotel $426,000 120 $51,120,000 15.0% 12% $38,238,000 42.5% $16,251,150 42.5% $16,251,150 $32,502,300 Branded Residences $1,750,000 40 $70,000,000 15.0% 12% $52,360,000 36.5% $19,111,400 36.5% $19,111,400 $38,222,800 Condominiums $1,750,000 317 $554,750,000 15.0% 12% $414,953,000 36.5% $151,457,845 36.5% $151,457,845 $302,915,690 Deed Restricted Rental $102,000 14 $1,428,000 15.0% 0% $1,214,000 42.5% $515,950 42.5% $515,950 $1,031,900 Deed Restricted For -Sale $750,000 34 $25,500,000 15.0% 6% $20,375,000 39.5% $8,048,125 39.5% $8,048,125 $16,096,250 Retail and Restaurant - -- — $34,236,000 15.0% 12% $25,609,000 42.5% $10,883,825 42.5% $10,883,825 $21,767,650 Other Commercial _ - -- $17.611.000 15.0% 0% $14.969.000 42.5% $6.361.825 42.5% $6.361.825 $12.723.650 Totals $4,778,000 525 $754,645,000 $567,718,000 $212,630,120 $212,630,120 $425,260,240 Per GRFA 595,288 $1,268 /SF $954/SF $714/SF Parking [1] Public Parking Spaces 450 $50,000 /Space $22,500,000 Maintenance Facility Equiv. Spaces [2] 180 $30,000 /Space $5,400,000 Grand Total $453,160.240 Source: Economic & Planning Systems [1] Assumes that 1,100 spaces are included in the vertical costs forthe lodging and residential components. [2] Estimated on a 62,000 sq. ft. facility measured from development application, and an average parking space of 350 sq. ft. H— II—r auF —I v n aisgmoiar -1— .1-12— uza—I Prepared by Economic & Planning Systems 36 of 45 June 9, 2010 6/15/2010 3 -2 -36 DRAFT Table 29 Building Permit and Plan Review Fees, and Construction Use Tax Estimate Construction Building Permit Plan Review Construction Unit Type Value Fee [1] Fee Use Tax 65% of Permit Fee 4% of Materials Residential and Lodging Hotel $32,502,300 $121,000 $79,000 $650,000 Branded Residences $38,222,800 $141,000 $92,000 $764,000 Condominiums $302,915,690 $1,108,000 $720,000 $6,058,000 Deed Restricted Rental $1,031,900 $6,000 $4,000 $21,000 Deed Restricted For -Sale $16,096,250 $61,000 $40,000 $322,000 Retail and Restaurant $21,767,650 $81,000 $53,000 $435,000 Other Commercial $12.723.650 $48,000 $31,000 $254,000 Totals $425,260,240 $1,566,000 $1,019,000 $8,504,000 Parking Public Parking Spaces $22.500.000 $84,000 $54.600 $900,000 Maintenance Facility Equiv. Spaces $5.400,000 $22,000 $14,300 $216,000 Grand Total $453.160.240 $1,672,000 $1,087.900 $9,620.000 [1] $5,608.75 For the first $1.0 million in construction value, $3.65 per $1,000 of additional value. Source: Economic & Planning Systems Hzoaiz EVervau ris�i v nn�erehoians�i meaewszsmmwslzapermn Fee Prepared by Economic & Planning Systems 37 of 45 June 9, 2010 6/15/2010 3 -2 -37 DRAFT Table 30 Recreation Impact Fee Fee/ Sq. Recreation Unit Type Sq. Ft. Ft. Impact Fee Residential and Lodging 595,288 $1.00 $595,000 Commercial 157,996 $1.00 $158,000 Maitenance Facility 62 000 $1.00 $62,000 Total 815,284 $815,000 Source: Economic & Planning Systems H 12E- -1Fi -1 v m 1a 1[2oiane 1 moaewszsmmm�oo-impac reel Prepared by Economic & Planning Systems 38 of 45 June 9, 2010 6/15/2010 3 -2 -38 DRAFT Table 31 Traffic Mitigation Fee Description Calculation PM Peak Hour Trips 385 Fee per PM Peak Hour Trip $6 500 Traffic Mitigation Fee $2,502,500 Source: Kimley Horn, Vail Resorts, Economic & Planning Systems 1-12 —r-I F—I v —1� 1lmo+ans 1mI.1 -2111 F. Prepared by Economic & Planning Systems 39 of 45 June 9, 2010 6/15/2010 3 -2 -39 DRAFT 7. Fiscal Impacts Prepared by Economic & Planning Systems 40 of 45 June 9, 2010 6/15/2010 3 -2 -40 DRAFT Table 32 Estimated General Fund Revenues at Project Buildout Revenue Net Factor Method Ongoing Impact Local Taxes: Retail Sales Tax - -- Case Study #REF! 4.0% Lodging Sales Tax Case Study $511,000 Property and Ownership - -- Case Study - -- Ski Lift Tax - -- Case Study $153,500 Intergovernmental Revenue County Sales Tax - -- Case Study #REF! County Road and Bridge - -- Case Study $65,000 Cigarette Tax $3.25 Per Peak Person Served 2,166 $7,039 Charges for Services Fines and Forfeitures $13.76 Per Peak Person Served 2,166 $29,798 Other Charges, Services, and Sales $13.11 Per Peak Person Served 2,166 $28,392 General Fund Revenue from Project #REF[ General Fund Property Tax to URA $385,000 Other Taxing Entities Tax Increment $3.386.000 Total Property Tax Increment to URA [1] $3,771,000 [t] The project is within a URA, therefore property tax goes to the URA as tax increment, rather than to the General Fund. Source: Economic & Planning Systems I —I EV -1Fi -1 v n eislmoi11 -1—.11 11.1wpo-aen —Iwm_a Prepared by Economic & Planning Systems 41 of 45 June 9, 2010 6/15/2010 3 -2 -41 DRAFT Table 33 Estimated General Fund Expenses at Buildout Net Ongoing Expenditures by Type Multipler Estimating Method Impact Municipal Services: Administrative $12.38 Per Peak Person Served 2,166 $26,803 Community Development $12.21 Per Peak Person Served 2,166 $26,441 Public Safety Police - -- Case Study - # of Calls $25,033 Fire - -- Case Study - # of Calls $21,500 Public Works and Transportation Right -of -Way and Landscaping -- Case Study S148,920 Transportation $69.61 Per Peak Person Served 2,166 $150,758 Facility Maintenance $12.09 Per Peak Person Served 2,166 $26,200 Total Impact to General Fund $425,655 Source: Economic 8 Planning Systems [t] Less $1.2 million in expenditures for the Town Day Care facility. u-121 --1 F -1 v n� 1a 1[2o 121- 1— .1xisliaa Prepared by Economic & Planning Systems 42 of 45 June 9, 2010 6/15/2010 3 -2 -42 DRAFT Table 34 Net Fiscal Impact to General Fund, Annual, at Buildout Description Amount Revenue Local Taxes: Retail Sales Tax #REF! 4.0% Lodging Sales Tax $511,000 Ski Lift Tax $153,500 Intergovernmental Revenue County Sales Tax #REF! County Road and Bridge $65,000 Cigarette Tax $7,039 Charges for Services Fines and Forfeitures $29,798 Other Charges, Services, and Sales $28,392 Total Revenue #REF! Expenses Municipal Services: Administrative $26,803 Community Development $26,441 Public Safety Police $25,033 Fire $21,500 Public Works and Transportation Right -of -Way and Landscaping $148,920 Transportation $150,758 Facility Maintenance $26,200 Total Expenses $425,655 Net Fiscal Impact #REF! Source: Economic & Planning Systems H werz Ere,veu E.,�i y maae�,�izoeiz ,�i maaeiataiscee�i F-d E, Prepared by Economic & Planning Systems 43 of 45 June 9, 2010 6/15/2010 3 -2 -43 DRAFT Table 35 General Fund One -Time Revenues Per Year, Ongoing One -Time Assuming 10 Revenue at Revenue Revenue Year Buildout Buildout General Fund Building Permit Fee $1,672,000 $167,200 N/A Plan Review Fee $1,087,900 $108,790 N/A Traffic Mitigation Fee $2,502,500 $250,250 N/A Subtotal $5,262,400 $526,240 Source: Town of Vail; Economic & Planning Systems n12 Fes, F—I v ai�gboi2 f Tmaa as Prepared by Economic & Planning Systems 44 of 45 June 9, 2010 6/15/2010 3 -2 -44 DRAFT Table 36 Other Fund Revenues Per Year. Assuming 10 Ongoing Annual Fund One -Time Revenue Year Buildout Revenue at Buildout Capital Fund Construction Use Tax $9,620,000 $962,000 N/A 4.0% Sales Tax - -- - -- #REFI 4.0% Lodging Sales Tax - -- $340,000 Totals $9.620.000 $962,000 #REFI RETT Fund Initial Sales Resales at Buildout Real Estate Transfer Tax $6,503,000 5650.300 $293,000 One -Time Impact Fee Recreation Impact Fee $815,000 - -- -- Totals $7,318,000 $650,300 $293,000 Vail Marketing District 1.4% Lodging Tax - -• -- $298,000 Urban Renewal Authority Town Mill Levy (4.69 Mills) $385,000 Other Taxing Entities $3.386.000 Annual Property Tax Increment - -- - -- $3,771,000 Totals for Other Funds $16,938,000 $1,612,300 #REFI Source: Economic & Planning Systems H —izEVe 1-1 11- 1.1.11 mio wnI Prepared by Economic & Planning Systems 45 of 45 June 9, 2010 6/15/2010 3 -2 -45 DRAFT ■ Sales Tax Analysis EverVail Fiscal Impact Analysis June 9, 2010 Economic & Planning Systems 1 of 10 June 9, 2010 6/15/2010 3 -3 -1 DRAFT Table A Table of Contents Ever Vail Sales Tax Model Table Description Table 1 Project Expenditure Potential Table 2 Ever Vail Visitor Spending in Project Table 3 Ever Vail Visitor Spending Outside Project Table 4 Net New Retail Sales Estimate Table 5 Total Retail Spending and Sales Tax Table 6 Estimated Day Visitors Spending Table 7 Project Resident Total Income Table 8 Permanent Resident Retail Expenditures H-812 Ever Vail Fl-1 A-ysi -d- [20812 -EV Sales Tax M- 10520- 2010..Is]TOC Economic & Planning Systems 2 of 10 June 9, 2010 6/15/2010 3 -3 -2 DRAFT Table 1 Project Expenditure Potential Visitor $IPers.IDay Expenditure Potential Description Days Retail Conv. F &B Total Retail Conv. F &B Total Hotel 47,300 $60 $10 $100 $170 $2,838,000 $473,000 $4,730,000 $8,041,000 Branded Residences in Rental Pool 15,100 $60 $30 $75 $165 $906,000 $453,000 $1,132,500 $2,491,500 Condos in Rental Pool 54,800 $60 $30 $40 $130 $3,288,000 $1,644,000 $2,192,000 $7,124,000 Second Home Condos 21,800 $30 $30 $20 $80 $654,000 $654,000 $436,000 $1,744,000 Residents [1] -- -- — -- - -- $21,000 $192,000 $86,000 $299,000 Parking Day Visitors [1] -- -- — -- - -- $2.082.000 $1.025.000 $1.537.500 $4.644.500 Totals 139,000 $9,789,000 $4,441,000 $10,114,000 $24,344,000 [t] See Tables 6 through 8 for further detail. Source: Economic & Planning Systems H- 12 - -1 -1 aoeysis1nn 1e 1[mmz1v sa 11.1oo-zo-zo, o, �]I -Ip.na vm Economic & Planning Systems 3 of 10 June 9, 2010 6/15/2010 3 -3 -3 DRAFT Table 2 Ever Vail Visitor Spending in Project Expenditure Potential % Spent in Ever Vail $ Spent in Ever Vail Description Retail Conv. F &B Total Retail Conv. F &B Retail Conv. F &B Total Hotel $2,838,000 $473,000 $4,730,000 $8,041,000 40% 75% 40% $1,135,200 $354,750 $1,892,000 $3,381,950 Branded Residences in Rental Pool $906,000 $453,000 $1,132,500 $2,491,500 40% 70% 40% $362,400 $317,100 $453,000 $1,132,500 Condos in Rental Pool $3,288,000 $1,644,000 $2,192,000 $7,124,000 40% 70% 40% $1,315,200 $1,150,800 $876,800 $3,342,800 Second Home Condos $654,000 $654,000 $436,000 $1,744,000 40% 65% 25% $261,600 $425,100 $109,000 $795,700 Residents $21,000 $192,000 $86,000 $299,000 15% 40% 40% $3,150 $76,640 $34,400 $114,190 Parking Day Visitors $2.082.000 $1.025.000 $1.537.500 $4.644.500 75% 100% 75% $1.561.500 $1.025.000 $1,153.125 $3,739.625 Totals $9,789,000 $4,441,000 $10,114,000 $24,344,000 $4,639,050 $3,349,390 $4,518,325 $12,506,765 Source: Economic & Planning Systems H¢ 1121v,v 111,s.i m .le ,�IIIevsx�rz.11.1mszo-mio.1sy vc pt Economic & Planning Systems 4 of 10 June 9, 2010 6/15/2010 3 -3 -4 DRAFT Table 3 Ever Vail Visitor Spending Outside Project % Spent Elsewhere in Vail $ Spent in Vail, Outside Project Leakage % Leak e $ Description Retail Conv. F &B Retail Conv. F &B Total Retail Conv. F &B Retail Conv. F &B Total Hotel 40% 25% 35% $1,135,200 $118,250 $1,655,500 $2,908,950 20% 0% 25% 5567,600 $0 $1,182,500 $1,750,100 Branded Residences in Rental Pool 40% 30% 35% $362,400 $135,900 $396,375 $894,675 20% 0% 25% $181,200 $0 $283,125 $464,325 Condos in Rental Pool 40% 30% 35% $1,315,200 $493,200 $767,200 $2,575,600 20% 0% 25% $657,600 $0 $548,000 $1,205,600 Second Home Condos 30% 25% 50% $196,200 $163,500 5218,000 $577,700 30% 10% 25% S196,200 $65,400 $109,000 $370,600 Residents [1] 43% 45% 45% $8,925 $86,400 $38,700 $134,025 42% 15% 15% $8,820 $28,800 $12,900 $50,520 Parking Day Visitors [t] 25% 0% 25% $520,50 0 L $384,375 $904,87 5 0% 0% 0% Lo Lo Lo LO Totals $3,538,425 $997,250 $3,460,150 $7,995,825 S1,611,420 $94,200 $2,135,525 $3,841,145 [1] S.. Tables through for further detail. Source. Economic & Planning Systems nxsize;�,veu remweN3s�rmo�r�vevs ,�Te.mmoiosmmic.wisswtl+�oa Economic & Planning Systems 5.1`10 June 9, 2010 6/15/2010 3 -3 -5 DRAFT Table 4 Net New Retail Sales Estimate Plus Ever Vail Visitor, Parking, and Resident Plus Additional Inflow to Sales from Project Visitors, Spending, Other Vail Ever Vail (10% of Required Residents, and Parking Locations Sales) [11 Total Net New Sales Total Sales Restaurant $4,518,325 $3,460,150 $1,200,000 $9,178,475 Retail $4,639,050 $3,538,425 $1,080,000 $9,257,475 Grocer /Conv. $3.349.390 $997,250 $390,000 $4.736,640 Total $12,506,765 $7,995,825 $2,670,000 $23,172,590 [11 Inflow from other Vail Valley locations. Source: Economic & Planning Systems H- 12E --11 -1 v mw 1e1[2 o111V Saes rax 11.101mmmxisp sales sources Economic & Planning Systems 6 of 10 June 9, 2010 6/15/2010 3 -3 -6 DRAFT Table 5 Total Retail Spending and Sales Tax Total Net New Store Type Sales Net New Sales Restaurant $9,178,475 Retail $9,257,475 Grocer /Conv. $4.736.640 Total $23,172,590 4.0% Town Sales Tax General Fund (60 %) $556,000 Capital Fund (40 %) $371,000 1.0% County Sales Tax Sales Tax $232,000 15% to Town $34,800 Source: Economic & Planning Systems 1 -12EV -IFi —I v nn 1e 1[21maEV Saes rax 11.1 mmi oxislssxia Economic & Planning Systems 7 of 10 June 9, 2010 6/15/2010 3 -3 -7 DRAFT Table 6 Estimated Day Visitors Spending Description Calculation Public and Retail Parking Spaces 750 Avg. People per Vehicle 2.6 Annual Utilization 45 Ski Season Days 365 Parking /Day Visitor Days 320,288 Retail $ /Day /Person $13 F &B $ /Day /Person 16 Total $29 F &B Spending - Convenience Goods 40% $2,050,000 F &B Spending - Bars /Restaurants 60% $3.075.000 Total F &B Spending 100% $5,125,000 Annual Retail Spending $4,164,000 Annual Convenience Goods Spending $2,050,000 Annual Bar /Restaurant Spending $3.075.000 Total Annual Spending $9,289,000 Net New Day Visitors Reduction Annual Retail Spending 50% $2,082,000 Annual Convenience Goods Spending 50% $1,025,000 Annual Bar /Restaurant Spending 50% $1.537.500 Total Net New Spending $4,644,500 Source: Town of Vail Parking Survey, 2009 (RRC Associates), Economic & Planning Systems 1 -12E 1,11 -1 v nn 1e 1[2- 111.. 1.. —os— I.Is]soay visa Swnl,ng Economic & Planning Systems 8 of 10 June 9, 2010 6/15/2010 3 -3 -8 DRAFT Table 7 Project Resident Total Income Description Value Deed Restricted For -Sale Households 34 Household Income [1] $92,000 Total Personal Income (TPI) $3,128,000 Deed Restricted Rental Households [2] 14 Household Income $51,200 Total Personal Income (TPI) $716,800 Total Income $3,844.800 [1] Claritas, 2009 [2] 80% of AMI, 2 person household Source: Claritas; Economic & Planning Systems 0812 —r -1 Flsoel A- ysls\MOtlels \[28812 -FV T. M-1 OS20.2010.x1s]] -Re: Economic & Planning Systems 9 of 10 June 9, 2010 6/15/2010 3 -3 -9 DRAFT Table 8 Permanent Resident Retail Expenditures of Expenditure Ever Vail Capture [1] Project Leakage Captured in Store Category TPI Potential % Expenditures % $ % $ TPI: $3,844,800 Convenience Goods Supermarkets and Specialty Grocery Stores 6.2% $239,000 40% $96,000 60% $143,400 75% $107,550 Convenience Stores, Health, Beer, Wine & Liquor 6.3% $241 40% $96,000 60% $144 75% $108,450 Total Convenience Goods 12.5% $481,000 40% $192,000 $288,000 $216,000 Apparel and Sporting Goods 3.6% $140,000 15% $21,000 85% $119,000 50% $59,500 Other General Merchandise and Shoppers Goods 15.4% $594,000 0% $0 100% $594,000 0% $0 Food and Beverage 5.6% $216,000 40% $86,000 60% $129,600 75% $97,200 Total Retail Expenditures /Sales 37.2% $1,431,000 21% $299,000 $1,130,600 $372,700 [1] Estimated by comparing expenditures to actual store sales and sales tax data. Source: US Census of Retail Trade; Economic & Planning Systems —0812 Eves Vail Fiscal Analysis \MOtlels \[28812 -EV Sales Tex M—I 0520- 2010..Is]8 -Res Capr— Economic & Planning Systems 10 of 10 June 9, 2010 6/15/2010 3 -3 -10 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: June 15, 2010 ITEM /TOPIC: Review /discuss the Guaranteed Maximum Price (GMP) for construction costs for the West Vail Fire Station, including cost increases and detailed budget information on specific items per request of Council. PRESENTER(S): Adam Williams (ARC Program Management) / Mark Miller ACTION REQUESTED OF COUNCIL: Review detailed budget/return on investment information presented by consultant and staff and approve final Guaranteed Maximum Price (GMP) for construction for the West Vail Fire Station. (See attached memo) BACKGROUND: The final GMP was presented to Council on June 1, 2010 with specific changes in scope and associated cost impacts discussed in detail. Council requested additional analysis be completed on six of the items presented to confirm return on investment and why each change would be good value for the TOV. The project team has specifically addressed each item and will provide a detailed summary at the June 15, 2010 meeting. (See attached memo for summary/cost analysis) STAFF RECOMMENDATION: Review and approve the GMP of $4,229,835 as recommended by staff /ARC. Current total budget as of this date, including all applicable soft costs, contingencies and other anticipated costs is projected at $5,137,566. Water /sewer tap fees (not included) and water line costs are being negotiated with Eagle River Water and Sanitation District. ATTACHMENTS: West wail Fire sta GMP 6/15/2010 ARC Integrated Program Management, Inc. 1790 38th Street • Suite 105 • Boulder, CO 80301 . (393) 443.0330 . Fax (303) 443.1508 MEMORANDUM TO: Vail Town Council FROM: Adam Williams, ARC Integrated Program Management, Inc. SUBJECT: West Vail Fire Station No. 3 DATE: June 9, 2010 I. BACKGROUND In December of 2009, ARC Integrated Program Management, Inc. was hired to help the Town of Vail Fire Station Committee (Committee) publicly procure a General Contractor (GC) to build the new West Vail Fire Station No. 3 Project (Project). On April 6, 2010, Vail Town Council authorized the Town to proceed with awarding a contract for preconstruction services to Drahota Commercial, LLC while incorporating their preliminary Guaranteed Maximum Price (GMP) for construction as an exhibit to the agreement. Following Council authorization on April 6 Drahota has been working closely with the Design Team and the Owner to provide value engineering ideas, constructability reviews and value - added suggestions to help finalize the Construction Documents which were issued to the subcontracting community earlier this month to be competitively bid. Drahota received 220 proposals from the subcontracting community, approximately half of which were from local firms. While preliminary analysis has been completed and a Final GMP has been assembled, Drahota is continuing to verify scope, identify cost saving ideas and negotiate final contract details with the subcontractors in an effort to ensure the Town receives the best value possible. The Final GMP was presented to Vail Town Council on June 1, 2010 with the specific changes in scope and associated cost impacts discussed in detail. It was requested that additional analysis be completed on six of the items presented to confirm return on investment, where possible, and provide additional detail on why incorporation of each change would result in the best value for the Town. The table below summarizes the base as well as the increased scope items presented on June 1 and quantifies any adjustment in price since that meeting. Below the table, additional detail is presented to explain any adjustment in cost as well as elaborating on the long term benefits and return on investment for the specific items. Items 5 — 10 totaling $165,000 of increases were specifically requested to be analyzed in more detail by the Council in the June 1 meeting. TEAMWORK DIVIDES THE EFFORT AND MULTIPLIES THE EFFECT... Page 1 of 5 © 2010 All Rights Reserved By 6/15/2010 ARC IPM, Inc. 4 -1 -1 # Description 01JUN10 15JUN10 Difference Amount Amount 1 Additional water & sewer line lengths associated with 45,000 41,355 (3,645) Chamonix future development 2 Additional length of retaining walls, new water line and 40,000 40,000 0 thickened pavement sections 3 Additional topsoil based on additional geotechnical borings 12,000 12,000 0 and soil analysis 4 Structural and other modifications to incorporate additional 8,000 8,000 0 training props 5 Upgrade metal roofing system connection & seal details 12,000 12 0 6 Include sports flooring in exercise room to increase 11,000 7,800 (3,200) functionality and lifespan of floorcovering 7 Stainless Steel countertops 15,000 15,000 0 8 Building signage 15,000 15,000 0 9 Change heat trace in roof valley and at eaves from a cable to 22,000 22,000 0 heated panels 10 Incorporate low voltage /audio visual /information 90,000 62,400 (27,600) technology work into GC's scope 11 Remaining scope 3,994,280 3,994,280 0 Total 4,264,280 4,229,835 (34,445) Additional Specific Clarifications: • Item 1: Additional length of water line and sewer line modifications to accommodate the future Chamonix development • The water line layout has been revised to decrease the length of pipe since June 1 5t and the cost adjusted accordingly. • Cost - sharing discussions are still ongoing regarding this scope of work. • Associated water and sewer tap fee negotiations are ongoing and currently not projected as costs in the overall budget. • Item 2: Increase resulting from additional length of retaining walls, change from re -using old water line to service the building to installing a new line and thickened pavement sections TEAMWORK DIVIDES THE EFFORT AND MULTIPLIES THE EFFECT... Page 2 of 5 © 2010 All Rights Reserved By ARC IPM, Inc. 6/15/2010 4 -1 -2 ■ No changes since June 1 • Item 3: Additional topsoil to be imported ■ No changes since June 1 • Item 4: Structural and other modifications to incorporate additional training props ■ No changes since June 1 • Item 5: Upgrade metal roofing system connection & seal details • While coming up with quantifiable data is difficult, the roofing consultants have confirmed that rolling the standing seams on the metal roof provides a much better water -tight system and significantly reduces the potential for subsequent warranty and service calls. • Saving just one $500 service call per year over the life of the roof offsets the cost, excluding any interior damage and repair avoided • Damage avoided from one substantial leak prevented can exceed the cost of the upgrade. • Item 6: Include sports flooring in exercise room to increase functionality and lifespan of floorcovering. • Five proposals were received (up to $12,000) • Alternate products are being reviewed but to date may be limited by LEED requirements • Confirmed a lower priced sub's scope was complete since June 1 5t and correspondingly reduced the cost by $3,200 • Replacement costs over 30 years: • Carpet: o $2,800 initial cost o Recommended to be replace every 5 years in this space o Total cost: $14,000 (excluding inflation, interest, etc) • Sports Flooring: o $7,800 initial cost o Projected replacement every 20 years o Total cost: $15,600 (excluding inflation, interest, etc) • Additional considerations: • Sports flooring will protect the concrete slab beneath from potential damage • Sports flooring is a much more cleanable and sanitary surface (sweat is recommended to be cleaned out of the carpet weekly to avoid MRSA bacteria) o Item 7: Modify kitchen finishes to increase durability and lifespan (Stainless Steel Countertops) ■ Replacement costs over 30 years: • Plastic Laminate: o $1,829 initial cost o Replace every 7 years o Total cost: $5,487 (excluding inflation, interest, etc) TEAMWORK DIVIDES THE EFFORT AND MULTIPLIES THE EFFECT... Page 3 of 5 © 2010 All Rights Reserved By ARC IPM, Inc. 6/15/2010 4 -1 -3 • Solid Surface: o $6,748 initial cost o Replace every 15 years o Total cost: $13,496 (excluding inflation, interest, etc) • Stainless Steel: o $15,868 initial cost 0 100 year lifespan — do not replace o Total cost: $15,868 (today's dollars, excluding inflation, interest, etc) ■ From Fire Chief Magazine, which strongly recommends stainless steel countertops in stations, "If preventing bacteria and germs from invading your kitchen is among your top concerns, you will be glad to know that stainless steel countertops are the most hygienic material available" • Item 8: Interior signage and window treatments added to the GC's scope ■ Previously excluded from GC & Owner's budget • Item 9: Change heat trace in roof valley from a cable to heated panels • First Cost: Bylin panels are three times as expensive as heat trace • Projected lifespan • Bylin panel: 30 years • Heat trace cable: 10 years • Operating expenses of Bylin panels are projected to be less than operating costs of heat trace based on available historic information. On a small commercial building in warmer climates, savings have been approximately $2,500 /year so they are anticipated to be more substantial in Vail. • Typical additional heat trace yearly maintenance costs: • $1,000 - $2,000 material and labor costs • Looking at the investment over a 30 year lifespan, the installation & replacement costs would offset yielding yearly savings of the total maintenance and energy savings. • In addition, the Bylin panels should provide a significantly better system and drastically reduce the chances of ice damming and associated leaks. • Item 10: Incorporate low voltage /audio visual /information technology work into GC's scope (move from Owner - furnished /Owner Installed) • The FF &E IT budget was reduced from $39,400 to $17,125 essentially transferring $22,275 to the GC Budget for IT • In the continued effort to reduce costs, the GC's IT scope has been reduced as follows since June 1: • Only rough -in and cabling has been included for the CCTV /security scope. Cameras, monitors and other equipment are currently excluded. • The fitness room sound system equipment has been excluded • The remaining GC IT scope still includes radios, antennas, projector /screen, rack systems, controllers, video displays and other IT equipment • Item 11: Remaining scope ■ No changes since June 1 TEAMWORK DIVIDES THE EFFORT AND MULTIPLIES THE EFFECT... Page 4 of 5 © 2010 All Rights Reserved By ARC IPM, Inc. 6/15/2010 4 -1 -4 II. RECOMMENDATIONS, ACTIONS & NEXT STEPS In order to maintain the construction schedule, we are requesting authorization to proceed with awarding the total construction contract to Drahota Commercial, LLC at a number not to exceed $4,229,835. Combined with all applicable soft costs, contingencies and other anticipated costs, the current total projected budget is $5,137,566. We will continue to work to identify cost reducing ideas for all remaining subcontracted scopes of work prior to awarding each contract. III. ACTION REQUESTED OF COUNCIL Authorize the Town of Vail Council through the Town Manager to award the construction contract for Town of Vail West Vail Fire Station No. 3 to Drahota Commercial, LLC at a cost not to exceed $4,229,835. TEAMWORK DIVIDES THE EFFORT AND MULTIPLIES THE EFFECT... Page 5 of 5 © 2010 All Rights Reserved By ARC IPM, Inc. 6/15/2010 4 -1 -5 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: June 15, 2010 ITEM /TOPIC: An appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval, with a condition, of a request for a conditional use permit, pursuant to Section 12 -6D -3, Conditional Uses, Vail Town Code, to allow for a Bed and Breakfast, located at 765 Forest Road, Unit A /Lot 8, Block 2, Vail Village Filing 6, and setting forth details in regard thereto. PRESENTER(S): Bill Gibson, Planner; Sarah Baker, Appellants' Representative; and Nancy Adam, Applicant ACTION REQUESTED OF COUNCIL: The Town Council shall uphold, uphold with modifications, or overturn the Planning and Environmental Commission's April 26, 2010 decision. BACKGROUND: On April 26, 2010, the Planning and Environmental Commission approved the Applicant's request for a conditional use permit to allow for a bed and breakfast at 765 Forest Road by a vote of 5 -0 -1 (Pierce recused) with the condition that the permit expire on April 26, 2012. On May 14, 2010, the Appellants, Cliff and Bonne IIIig represented by Sarah Baker PC, filed an appeal of the Planning and Environmental Commission's April 26, 2010, decision. Pursuant to Section 12 -3 -3, Appeals, Vail Town Code, the Town Council shall hear appeals of the Planning and Environmental Commission's decisions. STAFF RECOMMENDATION: Staff recommends the Town Council upholds the Planning and Environmental Commission's April 26, 2010, decision. ATTACHMENTS: council memo Appellant's appeal Applicant's response to appeal 060410 PEC meeting results 042610 PEC memo and attachment A PEC memo attachment B PEC memo attachment C PEC memo attachment D PEC memo attachment E 6/15/2010 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: June 15, 2010 SUBJECT: An appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval of a request for a conditional use permit, pursuant to Section 12 -6D -3, Conditional Uses, Vail Town Code, to allow for a Bed and Breakfast, located at 765 Forest Road, Unit A /Lot 8, Block 2, Vail Village Filing 6, and setting forth details in regard thereto. (PEC100016) Appellant: Cliff and Bonnie Illig, represented by Sarah J. Baker, Esq. Planner: Bill Gibson I. SUBJECT OF THE APPEAL The appellants, Cliff and Bonnie Illig, represented by Sarah J. Baker, filed an appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's April 26, 2010, approval of a request for a conditional use permit, pursuant to Section 12 -6D -3, Conditional Uses, Vail Town Code, to allow for a bed and breakfast, located at 765 Forest Road, Unit A /Lot 8, Block 2, Vail Village Filing 6, and setting forth details in regard thereto. The Planning and Environmental Commission approved the applicant's request for a conditional use permit by a vote of 5 -0 -1 (Pierce recused) with the following condition: 'I. The approval of this conditional use permit shall expire on April 26, 2012." According to the appeal of the Planning and Environmental Commission's decision: "The precise nature of the appeal is that the Adam application fails to satisfy the requirements of the Vail Town Code because the proposed use is incompatible and inharmonious with the Vail community, with the use and established character of the neighborhood, and with the purposes of the Vail zoning regulations. " In the appeal, the appellants reference their April 21, 2010, letter from Sarah Baker to the Planning and Environmental Commission that outlines their objections to the proposed bed and breakfast in greater detail. The appellants' April 21S letter was reviewed by the Planning and Environmental Commission as part of the April 26, 2010, Staff memorandum to the Commission. The applicant submitted a letter dated April 21, 2010, to the Planning and Environmental Commission in response to the appellants' April 21S letter. The applicant's response letter was also reviewed by the Planning and Environmental Commission as part of the April 26, 2010, Staff memorandum to the Commission. In its April 26, 2010, memorandum to the Planning and Environmental Commission, Staff 1 6/15/2010 5 -1 -1 outlined that the proposed bed and breakfast complies with the use specific standards prescribed by the Vail Town Code and that the proposed bed and breakfast conforms with the conditional use permit review criteria established by the Town Code. Please note that the appellants' April 21, 2010, letter references protective covenants for the Vail Village 6 th Filing. Staff and the Town Attorney clarified with the appellants' representative that the Town of Vail does not regulate, interpret, enforce, or resolve disputes concerning private covenants or other similar civil agreements. Staff communicated to the appellants' representative and the Commission that any issues related to private covenants are not germane to the Town's review of conditional use permit applications. The applicant, Nancy Adam, has submitted a letter to the Vail Town Council dated June 4, 2010, in response to the appellants' appeal. The applicant requests that the Council affirms the Planning and Environmental Commission's decision. The appellant's appeal (Attachment A), the applicant's June 4, 2010, response to the appeal (Attachment B), the Planning and Environmental Commission's April 26, 2010, hearing results (Attachment C), the April 26, 2010, Staff memorandum to the Planning and Environmental Commission (Attachment D) have been attached for review. II. SUBJECT PROPERTY The subject property is located at 765 Forest Road /Lot 8, Block 2, Vail Village Filing 6. III. STANDING OF APPELLANT Pursuant to Section 12 -3 -3, Appeals, Vail Town Code, the appellant has standing as an adjacent property owner to appeal the Planning and Environmental Commission's April 26, 2010, decision. IV. REQUIRED ACTION Pursuant to Section 12 -3 -3, Appeals, Vail Town Code, the Vail Town Council shall uphold, uphold with modifications, or overturn the Planning and Environmental Commission's April 26, 2010, decision. V. STAFF RECOMMENDATION The Community Development Department recommends the Vail Town Council upholds the Planning and Environmental Commission's April 26, 2010, decision based upon the Staff's April 26, 2010, memorandum to the Planning and Environmental Commission, the evidence and testimony presented, and the findings of fact listed below. The Community Development Department recommends the Vail Town Council makes the following findings of fact: • The subject property, 765 Forest Road, is located within the Two - Family Primary /Secondary District. • Pursuant to Section 12 -6D -3, Conditional Uses, Vail Town Code, bed and breakfasts are allowed in the Two - Family Primary/Secondary District in 2 6/15/2010 5 -1 -2 accordance with the provisions of Chapter 16, Conditional Use Permits, Vail Town Code, and as further regulated by Section 12- 14 -18, Bed and Breakfast Operations, Vail Town Code. • Pursuant to Section 12 -2 -2, Definitions, Vail Town Code, a bed and breakfast is defined as follows: "BED AND BREAKFAST: A business which accommodates guests in a dwelling unit in which the bed and breakfast proprietor lives on the premises and is in residence during the bed and breakfast use." • Pursuant to Section 12- 14 -18, Bed and Breakfast Operations, Vail Town Code, bed and breakfasts are regulated as follows: "A. Definition: See section 12 -2 -2 of this title for definition of "bed and breakfast" B. Location and Criteria: Bed and breakfast operations may be allowed as a conditional use in those zone districts as specified in this title. If permitted as a conditional use pursuant to chapter 16 of this title, bed and breakfast operations shall be subject to the following requirements: 1. Off street designated parking shall be required as follows: one space for the owner /proprietor plus one space for the first bedroom rented plus one -half ( space for each additional bedroom rented. 2. Enclosed trash facilities and regular garbage removal service shall be provided. 3. Removal of landscaping for the provision of additional parking is strongly discouraged. 4. Each bed and breakfast shall be allowed one residential "nameplate" sign as defined and regulated by the town sign code'. 5. If a bed and breakfast operation shall use property or facilities owned in common or jointly with other property owners such as parking spaces or a driveway in duplex subdivision, by way of example, and not limitation, the written approval of the other property owner, owners, or applicable owners' association shall be required to be submitted with the application for a conditional use permit. 6. A bed and breakfast operation may short term rent separately up to three (3) bedrooms or a maximum square footage of nine hundred (900) square feet of the dwelling unit. Bed and breakfast operations shall only be permitted to accommodate a "family" as defined in section 12 -2 -2 of this title. • In accordance with Sub - section 12- 14 -18 -A, Vail Town Code, the applicant is proposing to accommodate guests in her permanent residence in a manner meeting the definition of a bed and breakfast. • In accordance with Sub - section 12- 14 -18 -B, Vail Town Code, the applicant is proposing to operate a bed and breakfast within a zone district allowing such as a conditional use. • In accordance with Sub - section 12- 14- 18 -131, Vail Town Code, the applicant 3 6/15/2010 5 -1 -3 is meeting the parking requirements for the proposed bed and breakfast with three existing off - street spaces. • In accordance with Sub - section 12- 14- 18 -132, Vail Town Code, the applicant has trash storage and regular trash service. • In accordance with Sub - section 12- 14- 18 -133, Vail Town Code, the applicant is not proposing to remove landscaping to construct additional parking. • At this time the applicant has not submitted a Design Review Sign Application for any signage for the bed and breakfast. Any such future application will be reviewed by the Community Development Department for compliance with Sub - section 12- 14- 18 -134, Vail Town Code, and Title 11, Sign Regulations, Vail Town Code. • The applicant is the sole owner of the subject property, so the joint property owner provisions of Sub - section 12- 14- 18 -135, Vail Town Code, are not applicable. • In accordance with Sub - section 12- 14- 18 -136, Vail Town Code, the applicant is proposing to short term rent no more than three bedrooms and less than 900 square feet of floor area. • On April 26, 2010, the Planning and Environmental Commission, held a public hearing on the applicant's request for a conditional use permit to allow for a bed and breakfast at 765 Forest Road in accordance with Section 12- 16-4, Hearing, Vail Town Code. The Commission reviewed the proposed bed and breakfast based upon the factors outlined in Section 12 -16 -6, Criteria; Findings, Vail Town Code. • Pursuant to Section 12 -16 -6, Criteria; Findings, Vail Town Code: "A. Factors Enumerated: before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on development objectives of the town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by chapter 12 of this title. 4 6/15/2010 5 -1 -4 • Staff's April 26, 2010, memorandum to the Planning and Environmental Commission responded to each of the review factors outlined in Section 12- 16-6, Criteria; Findings, Vail Town Code, as follows: "1. Bed and breakfast uses are allowed in the Two - Family Primary/Secondary District subject to the issuance of a conditional use permit. There are no additions or renovations to the existing two - family residence associated with this conditional use permit request. The applicant is proposing to operate the bed and breakfast in accordance with the requirements for Section 12- 14 -18, Bed and Breakfast Operations, Vail Town Code. Therefore, Staff believes this proposal is consistent with the development objectives of the Town. 2. There are no additions or renovations to the existing two - family residence associated with this conditional use permit request. The applicant is proposing to operate the bed and breakfast in accordance with the requirements for Section 12- 14 -18, Bed and Breakfast Operations, Vail Town Code. Therefore, Staff does not believe the proposed bed and breakfast will negatively affect light or air, distribution of population, transportation, facilities, utilities, schools, parks and recreation facilities, or other public facility needs in comparison to existing conditions. 3. There are no additions or renovations to the existing two - family residence associated with this conditional use permit request. The Town's bed and breakfast standards require one parking space for the owner /proprietor, one space for the first bedroom rented, and one -half (%) a space for the two additional bedrooms rented, for a total of three required parking spaces. There are 5 existing approved parking spaces on the subject property. Two spaces within the existing garage and three within the existing horseshoe driveway based upon the 199912000 remodel approved site plan. In practice, two additional vehicles might be accommodated in the driveway at the front of the garage. However, while not located within the actual street, much of this area is located with the Town's street right -of -way property. Therefore, the driveway area in front of the garage could not be counted toward the "required parking" calculation for the 199912000 remodel or this bed and breakfast conditional use permit application. 4. The applicant is proposing to operate the bed and breakfast in accordance with the requirements for Section 12- 14 -18, Bed and Breakfast Operations, Vail Town Code. Therefore, Staff does not believe the proposed bed and breakfast will negatively affect traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, or removal of snow from the street and parking areas in comparison to existing conditions. 5. There are no additions or renovations to the existing two - family residence associated with this conditional use permit request. The applicant is proposing to operate the bed and breakfast in accordance with the requirements for Section 12- 14 -18, Bed and Breakfast 5 6/15/2010 5 -1 -5 Operations, Vail Town Code. Therefore, Staff does not believe the proposed bed and breakfast will negatively affect the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses, in comparison to existing conditions." • On April 26, 2010, based upon the review of the Staff's memorandum to the Commission, the Commission's site visit to the subject property, and the evidence and testimony presented, the Planning and Environmental Commission found: "1. The proposed conditional use permit amendment is in accordance with the purposes of the Zoning Regulations and the Two - Family Primary/Secondary District. 2. The proposed conditional use permit and the conditions under which it will be operated or maintained are not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. The proposed conditional use permit complies with each of the applicable provisions of Chapter 12 -16, Conditional Use Permit, Vail Town Code." • On April 26, 2010,The Planning and Environmental Commission approved the applicant's request for a conditional use permit to allow for a bed and breakfast at 765 Forest Road by a vote of 5 -0 -1 (Pierce recused) with the following condition: 'I. The approval of this conditional use permit shall expire on April 26, 2012. " • On May 14, 2010, the appellant filed an appeal of the Planning and Environmental Commission's April 26, 2010, decision in accordance with Section 12 -3 -3, Appeals, Vail Town Code. • Notice of the Vail Town Council's hearing of this appeal has been completed in accordance with provisions of Section 12 -3 -3, Appeals, Vail Town Code. • On June 4, 2010, the applicant submitted a letter to the Vail Town Council in response to the appellants' appeal. The Community Development Department recommends the Vail Town Council makes the following conclusion: "Based upon a review of the Staffs April 26, 2010, memorandum to the Planning and Environmental Commission, the evidence and testimony presented, and the finding of facts, the Vail Town Council concludes: The Planning and Environmental Commission's April 26, 2010, approval of a request for a conditional use permit, pursuant to Section 12 -6D -3, Conditional Uses, Vail Town Code, to allow for a Bed and Breakfast, located at 765 Forest 6 6/15/2010 5 -] -6 Road, Unit A/Lot 8, Block 2, Vail Village Filing 6, and setting forth details in regard thereto, meets the standards and conditions imposed by the requirements of the Vail Town Code." The Community Development Department recommends the Vail Town Council makes the following motion: "Based upon a review of the Staffs April 26, 2010, memorandum to the Planning and Environmental Commission, the evidence and testimony presented, and the finding of facts, the Vail Town Council upholds the Planning and Environmental Commission's April 26, 2010, approval of a request for a conditional use permit, pursuant to Section 12 -6D -3, Conditional Uses, Vail Town Code, to allow for a Bed and Breakfast, located at 765 Forest Road, Unit A/Lot 8, Block 2, Vail Village Filing 6, and setting forth details in regard thereto, based upon the conclusion that the Commission's determination meets the standards and conditions imposed by the requirements of the Vail Town Code." V. ATTACHMENTS A. Appellant's Appeal dated May 24, 2010 B. Applicant's Response dated June 4, 2010 C. April 26, 2010, PEC hearing results D. Staff memorandum to the PEC dated April 26, 2010 7 6/15/2010 5 -1 -7 E V E D Appeals Form MAY 1 4 2010 Department of Community Development M W 0 F OVkl�* 75 South Frontage Road., Vail, Colorado 81657 TOWN OF VAIL tel: 970.479.2139 fax: 970.479.2452 web: www.vailciov.com General Information: This form is required for filing an appeal of a Staff, Design Review Board, or Planning and Environmental Commission action/decision. A complete form and associated requirements must be submitted to the Community Development Department within twenty (20) calendar days of the disputed action/decision. Action/Decision being appealed: P EC- 1 000 1 Lp, A p,�y-ova-k of C Usc- -roe "I3e-d 4' o A ck c>.-vvi Dateof Action/ Decision: AD V Board or Staff person rendering action /decision: Does this appeal involve a specific parcel of land? es (no) If yes, are you an adjacent property owner? "e (no) Name of Appellant(s): C-�I-�P-F Mailing Address: do C�xc7'� C- Bo qzs ':56WCLrCk5 eo &ILP32- Phone: CJ 30 lo- H 2-L4 Z Physical Address in Vail: 77 g fare-'S+ boa l3E l ` oc 13 k:1 Subdivision: Legal Description of Appellant(s) Property in Vail: Lot:—B Voz\ Vi Appellant(s) Signature(s): 61/" � 60 AILD rrif - Gr 6 l o-y\-A (Attach a list of signatures if more space is required). Submittal Requirements: 1. On a separate sheet or separate sheets of paper, provide a detailed explanation of how you are an "aggrieved or adversely affected person". 2. On a separate sheet or separate sheets of paper, specify the precise nature of the appeal. Please cite specific code sections having relevance to the action being appealed. 3. Provide a list of names and addresses (both mailing and physical addresses in Vail) of all owners of property who are the subject of the appeal and all adjacent property owners (including owners whose properties are separated from the subject property by a right-of-way, stream, or other intervening barrier). 4. Provide stamped, addressed envelopes for each property owner listed in (3.). PLEASE SUBMIT THIS FORM AND ALL SUBMITTAL REQUIREMENTS TO: TOWN OF VAIL, DEPARTMENT OF COMMUNITY DEVELOPMENT, 75 SOUTH FRONTAGE ROAD, VAIL, COLORADO 81657. For office Use Only: "7 Date Received' Activity No. Pl anner: Proj ect No... F:\cdev\FORMS\PERMrrS\Planning\Applications\Appeals.doc 12-6-2005 SCANNED 6/15/2010 5 -2 -1 May 14, 2010 Hand Delivered Department of Community Development Attention: Mr. Bill Gibson 75 South Frontage Road Vail, Colorado 81657 RE: Nancy Adam — PEC Application No. PEC100016 NOTICE OF APPEAL Dear Bill: Further to our discussions regarding Nancy Adam's Conditional Use Permit application seeking approval for a bed and breakfast operation at her home at 765 Forest Road, on behalf of my clients Cliff and Bonne Illig, I hereby provide notice of appeal of the Planning and Environmental Commission's April 26, 2010 approval of Application No. PEC 100016. In accordance with the requirements of § 12-3-3.C. of the Vail Town Code, please find attached the following: A. Written Notice of Appeal on Town of Vail form; B. List of name and addresses of the appellant, the applicant, property owner, and all adjacent property owners; C. Stamped, addressed envelopes for each of the property owners referenced in (B) above; and D. Correspondence from Sarah J. Baker PC to Town of Vail Planning and Environmental Commission dated April 21, 2010 providing a detailed explanation of the basis on which Appellant's opposes Ms. Adam's application. Cliff and Bonne Illig meet the criteria of an "aggrieved or adversely affected person" because they are adjacent property owners. In accordance with § 12-14-18 of the Vail Town Code, any adjacent property owner may appeal to the Vail Town Council any decision made by the Planning and Environmental Commission approving a conditional use permit for bed and breakfast operations. I am attaching my April 21, 2010 correspondence to the Planning and Environmental Commission, articulating the reasons Appellant believes the Adam application f ail s to ca satisfy ti s fy th required criteria. The precise nature of the appeal is that the Adam application fails to satisfy the Sarahl B,-dcer P.•. P.O. Box 425, 1914 Beard Creek Tail, Edwards, Colorado 81632 t.: (970) 306-4242 fi (866) 597-4823 6/15/2010 5-2-2 Town of Vail Department of Community Development May 14, 2010 Page 2 requirements of the Vail Town Code because the proposed use is incompatibile and inharmonious with the Vail community, with the use and established character of the neighborhood, and with the purposes of the Vail zoning regulations. References to specific code sections having relevance to the action being appealed are included in the attached correspondence. Appellant may cite additional grounds as the basis of this appeal at or prior to the public healing to be held on this appeal. I respectfully request that you schedule a hearing before the Town Council on the appeal within forty (40) calendar days of the date of filing of this appeal. Yours very truly, SARAH J. BAKER PC c 3ma,h /-, ,�el Sarah J. Baker, Esq. SJB:sw Enclosures cc: Cliff and Bonne Illig 6/15/2010 5-2-3 i I April 21, 2010 By Email to bgibsonkma- gov. com Planning and Environmental Commission Town of Vail 75 South Frontage Road West Vail, Colorado 81657 RE: Application No. PEC100016 Application by Nancy Adam for Conditional Use Permit Application for Bed and Breakfast Dear Commissioners: This letter is submitted on behalf of my clients, Cliff and Bonne Illig, the owners of 796 and 798 Forest Road. Cliff and Bonne live across Forest Road from Nancy Adam's residence. In the application before you, Ms. Adam seeks your approval of a conditional use permit to operate a bed and breakfast business accommodating guests in up to three (3) bedrooms in her home at 765 Forest Road. Because the impacts of the proposed use will be incompatible and inharmonious with the neighborhood and with the purposes of the Town's zoning regulations in a manner that is incapable of mitigation, on behalf of the Illigs, I request that you deny Ms. Adam's application. THE APPLICATION Ms. Adam is the owner of a six (6) bedroom, seven and a half (7.5) bath single - family residence backing to Gore Creek just uphill of where Forest Road and the South Frontage Road intersect. Ms. Adam occupies the main portion of the home, and she rents a one (1) bedroom, one (1) bathroom unit to a local couple. It appears that three people currently occupy the home as their full -time residence, and would continue to do so if the application is approved. In addition to the existing use, Ms. Adam seeks your approval to operate a three (3) bedroom bed and breakfast, "Nancy's Nest" in the home. No details of the operating characteristics of the proposed business are provided in the application. VAIL TOWN CODE CRITERIA Ms. Adam's home is in the Two - Family Primary/ Secondary Residential (PS) District. In accordance with 5 12 -613-3 of the Town Code of the Town of Vail (" VTC'), bed and breakfast uses are permitted within the PS district, subject to issuance of a conditional use permit. Sarali j. Baker P.C. P.O. Box 425, 1914 Beard Creek Trail, Edwards, Colorado 81632 t: (970) 306 -4212 1` (866) 507 -4823 6/15/2010 5 -2 -4 Planning and Environmental Commission April 21, 201 Page 2 VTC � 12-16-1 recognizes that, because of their unusual or special characteristics, conditional uses must be located appropriately throughout the Vail community in order to ensure that the proposed use is compatible and harmonious with the Vail community, with surrounding properties, and with the purposes of the Town's zoning regulations. VTC § 12 -16- 2 sets forth the required contents of an application for a conditional use permit, and VTC 5 12- 14-18 establishes further criteria relating to off street designated parking, trash facilities, signage, and maximum square footage requirements. Even if Ms. Adam's application satisfies the minimum requirements of the VTC 5 12-14- 18, the Planning and Environmental Commission is not compelled to issue an approval of the conditional use permit application. VTC 5 12-14-18(B) provides that "Bed and breakfast operations maybe allowed as a conditional use in those zone districts..." (emphasis added). This Commission must ultimately decide if this business is appropriately located, and if the use is compatible and harmonious with the neighborhood and the Town's character. Because Ms. Adam's application seeks approval for a business use which, if approved, will have a detrimental effect on surrounding properties and will be inconsistent with the neighborhood and adjacent uses, I encourage you to deny the application. THE APPLICATION DOES NOT SATISFY THE CRITERIA. OF THE VAIL TOWN CODE Ms. Adam's application seeking your approval to operate a bed and breakfast business in her home on Forest Road fails to satisfy the requirements of the VTC for two reasons. In pertinent part, VTC 5 12-16-2 ('Application; Contents") provides as follows with respect to the required contents of an application for a conditional use permit: Application for a conditional use permit shall be made upon a form provided by the administrator. The application shall be supported by documents, maps, plans, and other material containing the following information: C. A description of the precise nature of the proposed use and its operating characteristics, and measures proposed to make the use compatible with other properties in the vicinity. (emphasis added). 1 First as stated above, any application for a conditional use permit must contain "a description of the precise nature of the proposed use and its operating characteristics". Ms. Adam's application, which consists of the Town's form Conditional Use Permit application and is accompanied by correspondence dated March 25, 2010 and March 26 2010 ma absolutely no mention of the operating characteristics of the proposed business. For example: 6/15/2010 5-2-5 Planning and Environmental Commission April 21, 201 Page 3 Will the business be operated to cater special functions, i.e., wedding receptions, graduations, and other parties? ➢ Will pets be allowed? ➢ Will smoking be permitted in the house? If guests will be required to smoke outside, will there be a designated smoking area, and where will that be in relation to the view of the neighbors and public rights of way? ➢ What restrictions on guest vehicles will the business have? Will each guest room be limited to one vehicle? Will guests be allowed to bring trailers or other recreational vehicles? Will there be a shuttle service to and from Eagle County airport? > Will Ms. Adam be staffing the business to assist with cooking, cleaning, and other chores to accommodate the 24 hour needs of the guests, or will she be performing these activities herself? ➢ Will the business be operated seasonally or year-round? Will Ms. Adam be in residence at all times when the business is operated? How will the business be operated when Ms. Adam is unable—whether as a planned or unplanned absence—to be in residence? Each of these specific operating characteristics creates a different impact on surrounding properties. From the information available in the application, it is not possible to evaluate the impact of the proposed use because the business operations are not described. For this reason alone, the application fails to meet the required contents criteria of the VTC and may not be approved at this time. Secon the VTC provisions require that Ms. Adam also describe measures proposed to make the use compatible with other properties in the vicinity. See VTC § 12-16-2. Ms. Adam's March 25, 2010 correspondence makes no mention of the impacts her proposed use will have on surrounding properties. She writes only: "The use is consistent with the short term rental of many of the properties on Forest Road, including the timeshare/interval ownership of the tr adjacent property at 745 Forest Road. The large, two driveway entrance driveway will provide off-street parking for the needs of guests." This statement turns a blind eye to the impacts of the proposed use on her neighbors. While VTC § 12-14-18(B)(1) appears to require only a total of three (3) off street parking spaces for the proposed use,' Ms. Adam's parking plan lies at the heart of why the proposed use is inconsistent with the neighborhood and will have a detrimental impact on surrounding 1 Note that this requirement is actually less parking than what is required by VTC � 12-10-I0(B) for single-family dwellings with a gross residential floor area of 4,000 to 5,500 square feet. Under the current zoning regulations, the property is required to have at least four (4) parking spaces. 6/15/2010 5-2-6 Planning and Environmental Commission April 21, 201 Page 4 properties and on the character of the neighborhood. Ms. Adam states in her March 25, 2010 correspondence that "The home has a two (2) car attached garage. The driveway provides off- street parking for 5 additional vehicles. It is not clear from the application how these five spaces have been calculated. In maintaining the compatibility with neighboring properties, the particular characteristics of a site are important. It is not enough to just have the required number of spaces; it is important to understand how these spaces relate to the neighbors and to those within the public way. All of Ms. Adam's parking is located just feet off Forest Road, and has no view mitigation whatsoever. These photographs were recently taken from my client's driveway: Photo 1: Photo 2: U mow„ 5.,.... _ ..,�.. J 2 Photo 3: Photo �« -� ., 1 4��Y -C„ � r i. F7. i ri�; 1� �. 1 q r � .. K r a 2 In particular, Ms. Adam's application is not clear whether two (2) of the five (5) outdoor spaces are actually behind the garage spaces. As evidenced by the photographs, the parking is currently used in this manner. 6/15/2010 5-2-7 Planning and Environmental Conn April 21, 2010 Page 5 ➢ As you can see, the outdoor off-street parking where Ms. Adam proposes to park up to five (5) vehicles is separated from Forest Road only by a small island covering only about one-half the length of the drive with a few boulders and no apparent landscaping. Under the Town's existing Development Standards, all landscaping shrubs /perennials /annuals /etc. must be located a minimum of five feet from the edge of the public road, and all permanent obstructions must be located a minimum of ten feet from the edge of the public road. See VTC § 14-3-2, Table 3. Given both the site constraints as well as the existing incompatibility with Town Development Standards, it is not practical to add landscaping or walls to mitigate the visual impact of parking so dose to the public road. ➢ Even with a small vehicle, the parking area in front of the two garage doors is barely sufficient in length to enable the car to clear the Forest Road right of way. In accordance with VTC § 14-3-2(F) ( "Location") parking spaces "must be entirely within lot lines and shall not encroach into any public right of way. No parked vehicle shall overhang any public right of way." Furthermore, the Town's current Development Standards require five feet horizontal clearance between any parking space and the edge of a public street. See VTC 14-3-1 Table 2 ("Minimum Standards, Residential Access and Parking Standards"). Clearly even small vehicles overhang into the public right of way, such that the areas behind the garages are not legal parking spaces. ➢ The width of the thru drive will not enable a car parked in the middle of other vehicles to get out without moving the other vehicles. When Nancy's Nest has a full house, guests will have to move their vehicles to accommodate the comings and goings of Ms. Adam, her two tenants, and the other guests of the business. This will not only make for a bad business, it will generate additional vehicle movements that will impact adjacent properties. It is unrealistic to think that this parking challenge will not frequently lead to vehicles parked on Forest Road, impeding traffic. VTC § 14-3-2(A) ("Vehicle Maneuverability") requires that parking spaces be independently accessible ( "i.e., required parking for 1 unit cannot block access for parking for another unit on site"). In accordance with this definition, it appears that Ms. Adam's only legal parking spaces are the two in the garage and three (two cars nose-in on the downhill side of the drive, to the uphill of the garage, and one at the entrance on the uphill curb cut) in the drive. One of the criteria of approval of a conditional use permit is that the application be consistent with the purposes of Vail's zoning regulations. The relevant specific stated purposes of the zoning regulations are: ➢ "To promote adequate and appropriately located off street parking..." See VTC § 12-1-1(B)(4). ➢ "To conserve and maintain established community qualities and economic values." See VTC § 12- 1- 1(B)(5) 3 See VTC 5 12-16-1. 6/15/2010 5-2-8 Planning and Environmental Commission April 21, 2010 Page 6 > "To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives." See VTC § 12- 1- 1(B)(6) Toward these and other ends, the Town has enacted the regulations set forth in Title 12 of the VTC. Tide 12, Chapter 10 of the Town's zoning regulations prescribes that: [O]ff street parking ... areas are to be designed, maintained and operated in a manner that will ensure their usefulness, protect the public safety, and where appropriate, insulate surrounding land uses from their impacts. In certain districts, all or a portion of the parking spaces prescribed by this chapter are required to be within the main building in order to avoid or to minimize the adverse visual impact of large concentrations or [sic.] exposed parking..." See VTC § 12-10-1 (emphasis added). The parking proposed by Ms. Adam will dramatically increase the adverse visual impact of exposed parking on this established neighborhood. From the public tight of way and to all adjacent property owners who look onto Ms. Adam's property, Nancy's Nest will be a parking lot alongside Forest Road. As the photos demonstrate, Ms. Adam's existing parking is not consistent with the other driveways along Forest Road. Other private drives have a more narrow entrance into the individual lot, and parking is located more distant from the road and visually screened by grading or landscaping from full view from the public right of way. In contrast, Ms. Adam's parking runs the length of her driveway and has little or no shielding from public view. Every vehicle that parks at Nancy's Nest will be clearly seen by all neighbors and anyone entering Forest Road from the west entrance. The level of outdoor parking resulting from Ms. Adam's proposed business use will adversely impact this neighborhood. Other than stating that her garage and drive are capable of holding a total of seven (7) cars and can therefore satisfy "the needs of the guests", Ms. Adam's application omits any mention of adverse parking impacts on surrounding properties, as though there will be no impact. Five vehicles parked outside4 is incompatible and inharmonious with the adjacent properties in this premier Vail neighborhood. At a minimum, Ms. Adam's application fails to meet the application requirements of VTC § 12-16-2(C). More importantly, however, the use for which Ms. Adam seeks approval will necessarily create impacts discordant with the characteristics of the Forest Road neighborhood and the purposes of Vail's zoning regulations. The physical characteristics of the lot do not appear to offer any practical mitigation opportunities to eliminate the visual impacts of high density outdoor parking at 765 Forest Road. VTC § 12-16-1 requires: "Where conditions 4 With Ms. Adam and her two tenants occupying the property, when the three (3) bedrooms of the bed and breakfast are occupied, there are likely to be six (6) vehicles parked at the property, not including the vehicles of anyone Ms. Adam may hire to help her staff Nancy's Nest for cleaning, cooking, etc. That's a lot of cars. If the operating characteristics of the business are such that it will also include hosting parties and other events, it is even more cars. 6/15/2010 5-2-9 Planning and Environmental Commission April 21, 2010 Page 7 cannot be devised to achieve these objectives, applications for conditional use permits shall be denied." THE PROPOSED USE VIOLATES THE PROTECTIVE COVENANTS OF VAIL VILLAGE, SIXTH FILING Notwithstanding the failure of the application to satisfy the requirements of the VTC, and while not a matter even appropriately interpreted by this Board, Ms. Adam's proposed business use of her home violates the land use provisions of the Protective Covenants of Vail Village, Sixth Filing recorded June 5, 1964 in Book 183 at Page 1, a copy of which is attached. As the ALTA Owner's Policy Number 0-9701-64239 with an effective date of October 6, 1998 submitted by Ms. Adam with her application identifies in Exception No. 9, these covenants encumber her property. Section 2 of these covenants provides that "[t]he numbered Lots shall be used only for private residences, each to contain not more than two separate apartments" (emphasis added). Ms. Adam seeks a business use for her residence. If allowed, Ms. Adam's single-family residence will accommodate her bedroom, a lock-off unit for her full time tenants, and three separate guest rooms available for nightly rentals. It is a business operated amidst some of Vail's premier residences. Absent an amendment to the covenants, the proposed use is a clear violation of the subdivision's protective covenants to which Ms. Adam is obliged to comply. Should Ms. Adam seek to amend these covenants to permit the use, a clear amendment procedure with which she may comply is provided. In the event this Commission deems it appropriate to approve the application, I urge you to approve the application subject to the following condition: Applicant shall comply with the requirements of the Protective Covenants of Vail Village, Sixth Filing, as the same may be applicable. CONCLUSION In conclusion, Ms. Adam's application to you for approval of a three (3) bedroom bed and breakfast in the home she currently shares with another couple is a use that is incompatible with the character of the neighborhood. The purpose of Vail's zoning regulations is to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. The parking impacts and the potential operating characteristic impacts on the Forest Road neighborhood are severe. As demonstrated, the proposed use is not harmonious with the neighborhood. The physical characteristics of the individual site are such that it appears that the known impacts are incapable of mitigation. Because the application fails to meet the required criteria of the VTC, and because the proposed use is incompatible and inharmonious with the Vail community, with the use and established character of the neighborhood, and with the purposes of the Vail zoning regulations, on behalf of my clients, I 6/15/2010 5 -2 -10 Planning and Environmental Commission April 21, 2010 Page 8 request that you deny the application. Should you approve the application in spite of these impacts, I request that your approval be subject to condition stated above regarding compliance with the Vail Village, Sixth Filing covenants. Yours very truly, SARAH J. BAKER PC L: ,Jah �/ daLel Sarah J. Baker, Esq. SJB /sw Enclosure cc: Cliff and Bonne Illig Ms. Nancy Adam Monogram Real Estate General Communications, Inc. Jose and Patricia Mas 6/15/2010 5 -2 -11 ° l0 . 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C3 "O cd 'c"' �' v] -E Sr ❑ m y �".' y ;C � v� y v� - y S y v� p � 'y) a a o° y C o o; rl a tp °' o o ° tL o , ;7 �� tno �� r? 9 7:; P, r Y y ° y a s ° y W f _ "° y U cl o y o y 7 y to ° v o t U y to y o o x 3 to t T O to a y O a 6/15/2010 5 -3 -2 HEARING RESULTS (IN PART) TOWNOFYU PLANNING AND ENVIRONMENTAL COMMISSION April 26, 2010 1:OOpm MEMBERS PRESENT MEMBERS ABSENT Michael Kurz David Viele Luke Cartin Henry Pratt Bill Pierce Sarah Paladino Tyler Schneidman 2. A request for the review of a conditional use permit, pursuant to Section 12 -6D -3, Conditional Uses, Vail Town Code, to allow for a Bed and Breakfast, located at 765 Forest Road, Unit A /Lot 8, Block 2, Vail Village Filing 6, and setting forth details in regard thereto. (PEC100016) Applicant: Nancy Adam Planner: Bill Gibson ACTION: Approved with condition(s) MOTION: Paladino SECOND: Cartin VOTE: 5 -0 -1 (Pierce recused) CONDITIONS: 1. The approval of this conditional use permit shall expire on April 26, 2012. Commissioner Pierce recused as he stated he had a conflict of interest on the application. Rachel Friede made a presentation per the Staff memorandum. Nancy Adam, applicant, added that the bed and breakfast use would have less impact than the short —term rental that was occurring on neighboring properties. Commissioner Pratt stated he had a concern with how the parking spaces are configured and the impact. He stated he lived in proximity to a short term rental and saw multiple cars at some of these locations. He suggested a one or two year time frame be placed upon the use so that any negative impacts could be used to evaluate the proposal moving forward. Commissioner Paladino believed that the parking would not be an issue as the Town does not permit parking in the street. Commissioner Kurz stated that a two year period would be appropriate. Nancy Adam clarified she didn't believe there would an increased likelihood for parking issues as she could have multiple guests over regardless of having a bed and breakfast. However, she added that parking on the street in not permitted under either circumstance as pointed out by Commissioner Paladino. Ms. Adam inquired as to the process for extending the use if a two year time period was imposed. Warren Campbell responded that at the conclusion of the two year period, the applicant could apply for an administrative extension of the conditional use permit. The application would be reviewed based upon the criteria and any negative impacts would be evaluated. He clarified for the Commission that any administrative extension would be presented to the Commission to affirm or call -up for review. Pa e 1 6i15i2r10 5 -4 -1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: April 26, 2010 SUBJECT: A request for the review of a conditional use permit, pursuant to Section 12 -6D -3, Conditional Uses, Vail Town Code, to allow for a Bed and Breakfast, located at 765 Forest Road, Unit A /Lot 8, Block 2, Vail Village Filing 6, and setting forth details in regard thereto. (PEC100016) Applicant: Nancy Adam Planner: Bill Gibson I. SUMMARY The applicant, Nancy Adam, is requesting a conditional use permit to allow for a new bed and breakfast at 765 Forest Road. Based upon Staff's review of the criteria outlined in Sections VII of this memorandum and the evidence and testimony presented, the Staff recommends the Planning and Environmental Commission approves this request subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant, Nancy Adam, is proposing a bed and breakfast use in the primary unit (Unit A) of the two - family residence located at 765 Forest Road. The applicant is proposing to operate a three - bedroom bed and breakfast with a maximum occupancy of 10 guests. The applicant is proposing to operate the bed and breakfast in accordance with the standards outlined in Section 12- 14 -18, Bed and Breakfast Operations, Vail Town Code. The applicant describes the operation of the proposed bed and breakfast in greater detail in her attached request. Sarah Baker, on behalf of neighbors Cliff and Bonne Illig, 796 and 798 Forest Road, submitted a letter dated April 21, 2010, outlining their concerns about the proposed bed and breakfast. The applicant responded to Ms. Baker's letter with additional details about the proposed operation of the bed and breakfast in a letter dated April 21, 2010. Please note that Ms. Baker's letter references protective covenants for the Vail Village 6th Filing. Staff and the Town Attorney have clarified with Ms. Baker that the Town of Vail does not regulate, interpret, enforce, or resolve disputes concerning private covenants or other similar civil agreements. Any issues related to these covenants are not germane to the Town's review this conditional use permit application. A vicinity map (Attachment A), the applicant's request (Attachment B), a partial copy of the 1999/2000 approved site plan for the subject property (Attachment C), a letter from Sarah Baker dated April 21, 2010, (Attachment D), and a letter from the applicant dated April 21, 2010, (Attachment E) have been attached for reference. 6/1 5/201 q 5 -5 -1 III. BACKGROUND The subject property was part of the original Town of Vail established in 1966. The existing structure was constructed in 1967. The existing structure has been remodeled several times. The most recent remodel occurred in 1999/2000. IV. APPLICABLE PLANNING DOCUMENTS Title 12, Zoning Regulations, Vail Town Code (in part) ARTICLE 12 -6D: TWO- FAMILY PRIMARY /SECONDARY RESIDENTIAL DISTRICT Section 12 -6D -1: Purpose: The two - family primary /secondary residential district is intended to provide sites for single - family residential uses or two - family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same zone district. The two - family primary /secondary residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single- family and two - family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. CHAPTER 12 -14: SUPPLEMENTAL REGULATIONS (in part) Section 12- 14 -18: Bed and Breakfast Operations: (in part) A. Definition: See section 12 -2 -2 of this title for definition of "bed and breakfast ". B. Location and Criteria: Bed and breakfast operations may be allowed as a conditional use in those zone districts as specified in this title. If permitted as a conditional use pursuant to chapter 16 of this title, bed and breakfast operations shall be subject to the following requirements: 1. Off street designated parking shall be required as follows: one space for the owner /proprietor plus one space for the first bedroom rented plus one -half (' / space for each additional bedroom rented. 2. Enclosed trash facilities and regular garbage removal service shall be provided. 3. Removal of landscaping for the provision of additional parking is strongly discouraged. 4. Each bed and breakfast shall be allowed one residential "nameplate" sign as defined and regulated by the town sign code'. 5. If a bed and breakfast operation shall use property or facilities owned in common or jointly with other property owners such as parking spaces or a driveway in duplex subdivision, by way of example, and not limitation, the written approval of the other property owner, owners, or applicable owners' association shall be required to be submitted with the application for a conditional use permit. 6/15/2012 5 -5 -2 6. A bed and breakfast operation may short term rent separately up to three (3) bedrooms or a maximum square footage of nine hundred (900) square feet of the dwelling unit. Bed and breakfast operations shall only be permitted to accommodate a "family" as defined in section 12 -2 -2 of this title. CHAPTER 12 -16: CONDITIONAL USES PERMITS (in part) Section 12 -16 -1: Purpose; Limitations: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. A. Factors Enumerated: Before acting on a conditional use permit application, the planning and environmental commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on development objectives of the town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by chapter 12 of this title. V. SURROUNDING LAND USES AND ZONING Current Land Uses Zoning North: Gore Creek Stream Tract Natural Area Preservation South: Residential Two - Family Primary /Secondary East: Residential Two - Family Primary /Secondary West: Gore Creek Stream Tract Natural Area Preservation VI. ZONING ANALYSIS Address: 765 Forest Road Legal Description: Lot 8, Block 2, Vail Village Filing 6 Zoning: Two - Family Primary /Secondary District 6/15/201(3 5 -5 -3 Land Use Plan Designation: Low Density Residential Current Land Use: Two - Family Residence Geological Hazards: Gore Creek 100 -Year Flood Plain Site Standards Allowed /Required Proposed Bedrooms Rented: 3 bedrooms (max) 3 bedrooms GRFA Rented: 900 sq.ft. (max) 705 sq.ft. Parking (min): 3 spaces 3 spaces (existing) The applicant is not proposing any construction with this conditional use permit application. There will be no changes to the Lot Area /Site Dimension, Setbacks, Height, Density Control, Site Coverage, Landscaping and Site Development standards. VII. CONDITIONAL USE PERMIT REVIEW CRITERIA Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on the development objectives of the Town. Bed and breakfast uses are allowed in the Two - Family Primary /Secondary District subject to the issuance of a conditional use permit. There are no additions or renovations to the existing two - family residence associated with this conditional use permit request. The applicant is proposing to operate the bed and breakfast in accordance with the requirements for Section 12- 14 -18, Bed and Breakfast Operations, Vail Town Code. Therefore, Staff believes this proposal is consistent with the development objectives of the Town. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. There are no additions or renovations to the existing two - family residence associated with this conditional use permit request. The applicant is proposing to operate the bed and breakfast in accordance with the requirements for Section 12- 14 -18, Bed and Breakfast Operations, Vail Town Code. Therefore, Staff does not believe the proposed bed and breakfast will negatively affect light or air, distribution of population, transportation, facilities, utilities, schools, parks and recreation facilities, or other public facility needs in comparison to existing conditions. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. There are no additions or renovations to the existing two - family residence associated with this conditional use permit request. The Town's bed and breakfast standards require one parking space for the owner /proprietor, one space for the first bedroom rented, and one -half ( a space for the two additional bedrooms rented, for a total of three required parking spaces. There are 5 existing approved parking spaces on the subject property. Two spaces within the existing garage and three within the existing 6/15/201(4 5 -5 -4 horseshoe driveway based upon the 1999/2000 remodel approved site plan. In practice, two additional vehicles might be accommodated in the driveway at the front of the garage. However, while not located within the actual street, much of this area is located with the Town's street right -of -way property. Therefore, the driveway area in front of the garage could not be counted toward the "required parking" calculation for the1999/2000 remodel or this bed and breakfast conditional use permit application. The applicant is proposing to operate the bed and breakfast in accordance with the requirements for Section 12- 14 -18, Bed and Breakfast Operations, Vail Town Code. Therefore, Staff does not believe the proposed bed and breakfast will negatively affect traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, or removal of snow from the street and parking areas in comparison to existing conditions. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. There are no additions or renovations to the existing two - family residence associated with this conditional use permit request. The applicant is proposing to operate the bed and breakfast in accordance with the requirements for Section 12- 14 -18, Bed and Breakfast Operations, Vail Town Code. Therefore, Staff does not believe the proposed bed and breakfast will negatively affect the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses, in comparison to existing conditions. VIII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission approves this request for the review of a conditional use permit, pursuant to Section 12 -6D -3, Conditional Uses, Vail Town Code, to allow for a Bed and Breakfast, located at 765 Forest Road, Unit A /Lot 8, Block 2, Vail Village Filing 6, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria described in Section VII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves this request for a conditional use permit, pursuant to Section 12 -6D -3, Conditional Uses, Vail Town Code, to allow for a Bed and Breakfast, located at 765 Forest Road, Unit A/Lot 8, Block 2, Vail Village Filing 6, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section Vll of this Staff memorandum to the Planning and Environmental Commission dated April 26, 2010, and the evidence and testimony presented, the Planning and Environmental Commission finds: 6/15/2016 5 -5 -5 1. The proposed conditional use permit amendment is in accordance with the purposes of the Zoning Regulations and the Two - Family Primary /Secondary District. 2. The proposed conditional use permit and the conditions under which it will be operated or maintained are not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. The proposed conditional use permit complies with each of the applicable provisions of Chapter 12 -16, Conditional Use Permit, Vail Town Code." IX. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Archived 1999 Approved Site Plan D. Sarah Baker letter dated 4/21/10 E. Applicant letter dated 4/21 /10 6/15/201(6 5 -5 -6 I i M AY • - -. _" ------------ l -- I NA r- o � r a I j � V Attachment B Nancy Adam IE I W d[Wa Nancy's Nest D 755 Forest Road, Unit A Vail, Co 81657 MAR 2 6 2010 970- 476 -5383 NSAVaillaaol.com TOWN OF 1�AIL March 25, 2010 Re: Conditional Use Permit Application for Bed and Breakfast To Town of Vail Planning and Environmental Commission The purpose of this application is to obtain approval for a conditional use permit to accommodate guests in up to three (3) bedrooms in my residence located at 765 Forest Road, Unit A, Vail, Colorado as a bed and breakfast business under the name of "Nancy's Nest" pursuant to §12 -14 -18 of the Town of Vail Code. I am the sole owner of the property so no Joint Property Owner Approval Letter is necessary. A copy of Stewart Title Insurance Company Title Insurance Policy No. 98016554 -C6 issued October 6, 1998, including Schedules A and B, is submitted with this application to confirm ownership of the property. I built my residence in 2000. Unit A is the primary unit consisting of approximately 5,000 square feet with 5 bedrooms and 6 '/2 bathrooms. The secondary unit is a one bedroom, one bathroom unit that is rented on an annual basis to a local couple who live and work year round in Vail (construction and at 1 s Bank). The home has a two (2) car attached garage. The driveway provides off - street parking for 5 additional vehicles. Snow storage is not an issue since the driveway has a snowmelt system. There is an attached and enclosed trash facility with weekly garbage removal contracted with Vail Honeywagon. The use of my residence as a bed and breakfast operation is allowed as a conditional use under the Code of the Town of Vail. The use is consistent with the short term rental of many of the properties on Forest Road, including the timeshare /interval ownership of the adjacent property at 745 Forest Road. The large, two entrance driveway will provide off - street parking for the needs of the guests. The location of my residence on Forest Road provides walking access to the ski mountain so there will be no additional demand on the public parking garages. It is a short walk to the bus stop at the Vail Marriot to facilitate transportation around town or to the transportation center. I 6/15/2010 5 -6 -1 - I Submitted with this application is a list identifying the adjacent property owners by name, address, mailing address and legal description, along with stamped and addressed i envelopes to these property owners. Please charge the $650 application fee to VISA account number which I will provide � g Pp y p �p by separate letter. Please let me know if you require additional information. Thank you, Nancy Adam,wner i i 2 6/15/2010 5 -6 -2 l 0 LO LL Q Z L4 � r9 1 c,. soy - M- aoaazas I + q I I o i A �� I 5 5 1 I t + t 1 1 5 l 5 S 5 S/aY � � 5 5 � �3 � 1 � •� + ¢ 11 l 5 y +tl r _ ozl - a.aamza s � 4 M 7 n � +I1 N... J. W y r n? 6/1 5/2010 5 -6 -3 r a E e < Rt z is f Li LLJ r l LLJ > LiJ s ' t z 6/15/2010 5 -6 -4 N a �uu � .G LL 0 � � 0 x t: o - -- -- _ LL- a F p a I LtJ c z R w i t' - I J �ti;:s� I f r I - , +I�� - - a a■ a� 6/15/2010 5 -6 -5 pq Q _ L � 0 N z 4 Q C G LL. LLI c r, o lr J' fig w LLJ - - R f 1 I s � 1 a. Q n .0 k I'll,, ��11 160 1 , 6/15/2010 5 -6 -6 WL -999 a \° � Stag Ay: a ` 5eevs Ali f if l i Ialmo •nsaE.v ! r 'r /. / � � i :' --} � 4- ' - � f�{.. - - eC "✓3f14X+' as =E ` __ .x,� _. ttt r F cPC� RE) �r Ls, 1 & 2183 \ -�--• SS i - T � ��'. _ i FOUND #3 RERAR a ;.� .' t r�. .GSi:�. i ". +^+,� _.� Jh •,, ° K W0M OF FOREST ROAD (50' R Ox) 9 7 ApPROVEDBYTHE roVM OF VAIL DESIGN RMEW BO ( � 1 DATE' 16 I ti - ' a 5 - M1 April 21, 2010 BE Email to bgibson kjAilgov. com Planning and Environmental Commission Town of Vail 75 South Frontage Road West Vail, Colorado 81657 RE: Application No. PEC100016 Application by Nancy Adam for Conditional Use Permit Application for Bed and Breakfast Dear Commissioners: This letter is submitted on behalf of my clients, Cliff and Bonne Ilfig, the owners of 796 and 798 Forest Road. Cliff and Bonne live across Forest Road from Nancy Adam's residence. In the application before you, Ms. Adam seeks your approval of a conditional use permit to operate a bed and breakfast business accommodating guests in up to three (3) bedrooms in her home at 765 Forest Road. Because the impacts of the proposed use will be incompatible and inharmonious with the neighborhood and with the purposes of the Town's zoning regulations in a manner that is incapable of mitigation, on behalf of the Il igs, I request that you deny Ms. Adam's application. THE APPLICATION Ms. Adam is the owner of a six (6) bedroom, seven and a half (7.5) bath single - family residence backing to Gore Creek just uphill of where Forest Road and the South Frontage Road intersect. Ms. Adam occupies the main portion of the home, and she rents a one (1) bedroom, one (1) bathroom unit to a local couple. It appears that three people currently occupy the home as their full-time residence, and would continue to do so if the application is approved. In addition to the existing use, Ms. Adam seeks your approval to operate a three (3) bedroom bed and breakfast, "Nancy's Nest" in the home. No details of the operating characteristics of the proposed business are provided in the application. VAIL TOWN CODE CRITERIA Ms. Adam's home is in the Two- Family Primary/ Secondary Residential (PS) District. In accordance with § 12 -6D -3 of the Town Code of the Town of Vail (" VTC'), bed and breakfast uses are permitted within the PS district, subject to issuance of a conditional use permit. Sarah. Baker P.C. P.O. Box 425, 1914 Beard Creek Trail, Edwards, Colorado 81632 t (970) 306 -4242 f: (866) 597 -4823 6/15/2010 5 -8 -1 Planning and Environmental Commission April 21, 2010 Page 2 VTC § 12 -16 -1 recognizes that, because of their unusual or special characteristics, conditional uses must be located appropriately throughout the Vail community in order to ensure that the proposed use is compatible and harmonious with the Vail community, with surrounding properties, and with the purposes of the Town's zoning regulations. VTC § 12 -16- 2 sets forth the required contents of an application for a conditional use permit, and VTC § 12- 14-18 establishes further criteria relating to off street designated parking, trash facilities, signage, and maximum square footage requirements. Even if Ms. Adam's application satisfies the minimum requirements of the VTC § 12 -14- 18, the Planning and Environmental Commission is not compelled to issue an approval of the conditional use permit application. VTC § 12- 14 -18(B) provides that "Bed and breakfast operations maybe allowed as a conditional use in those zone districts..." (emphasis added). This Commission must ultimately decide if this business is appropriately located, and if the use is compatible and harmonious with the neighborhood and the Town's character. Because Ms. Adam's application seeks approval for a business use which, if approved, will have a detrimental effect on surrounding properties and will be inconsistent with the neighborhood and adjacent uses, I encourage you to deny the application. THE APPLICATION DOES NOT SATISFY THE CRITERIA OF THE VAIL TOWN CODE Ms. Adam's application seeking your approval to operate a bed and breakfast business in her home on Forest Road fails to satisfy the requirements of the VTC for two reasons. In pertinent part, VTC § 12 -16 -2 ("Application; Contents ") provides as follows with respect to the required contents of an application for a conditional use permit: Application for a conditional use permit shall be made upon a form provided by the administrator. The application shall be supported by documents, maps, plans, and other material containing the following information: C. A description of the precise nature of the proposed use and its operating characteristics, and measures proposed to make the use compatible with other properties in the vicinity. (emphasis added). First as stated above, any application for a conditional use permit must contain "a description of the precise nature of the proposed use and its operating characteristics ". Ms. Adam's application, which consists of the Town's form Conditional Use Permit application and is accompanied by correspondence dated March 25, 2010 and March 26, 2010 makes absolutely no mention of the operating characteristics of the proposed business. For example: 6/15/2010 5 -8 -2 Planning and Environmental Commission April 21, 2010 Page 3 ➢ Will the business be operated to cater special functions, i.e., wedding receptions, graduations, and other parties? ➢ Will pets be allowed? ➢ Will smoking be permitted in the house? If guests will be required to smoke outside, will there be a designated smoking area, and where will that be in relation to the view of the neighbors and public rights of way? ➢ What restrictions on guest vehicles will the business have? Will each guest room be limited to one vehicle? Will guests be allowed to bring trailers or other recreational vehicles? Will there be a shuttle service to and from Eagle County airport? ➢ Will Ms. Adam be staffing the business to assist with cooking, cleaning, and other chores to accommodate the 24 hour needs of the guests, or will she be performing these activities herself? ➢ Will the business be operated seasonally or year- round? Will Ms. Adam be in residence at all times when the business is operated? How will the business be operated when Ms. Adam is unable— whether as a planned or unplanned absence—to be in residence? Each of these specific operating characteristics creates a different impact on surrounding properties. From the information available in the application, it is not possible to evaluate the impact of the proposed use because the business operations are not described. For this reason alone, the application fails to meet the required contents criteria of the VTC and may not be approved at this time. Second the VTC provisions require that Ms. Adam also describe measures proposed to make the use compatible with other properties in the vicinity. See VTC § 12 -16 -2. Ms. Adam's March 25, 2010 correspondence makes no mention of the impacts her proposed use will have on surrounding properties. She writes only: "The use is consistent with the short term rental of many of the properties on Forest Road, including the timeshare /interval ownership of the adjacent property at 745 Forest Road. The large, two driveway entrance driveway will provide off - street parking for the needs of guests." This statement turns a blind eye to the impacts of the proposed use on her neighbors. While VTC § 12- 14- 18(B)(1) appears to require only a total of three (3) off street parking spaces for the proposed use,' Ms. Adam's parking plan lies at the heart of why the proposed use is inconsistent with the neighborhood and will have a detrimental impact on surrounding i Note that this requirement is actually less parking than what is required by VTC § 12- 10 -10(B) for single - family dwellings with a gross residential floor area of 4,000 to 5,500 square feet. Under the current zoning regulations, the property is required to have at least four (4) parking spaces. 6/15/2010 5 -8 -3 Planning and Environmental Commission April 21, 2010 Page 4 properties and on the character of the neighborhood. Ms. Adam states in her March 25, 2010 correspondence that "The home has a two (2) car attached garage. The driveway provides off - street parking for 5 additional vehicles. 112 It is not clear from the application how these five spaces have been calculated. In maintaining the compatibility with neighboring properties, the particular characteristics of a site are important. It is not enough to just have the required number of spaces; it is important to understand how these spaces relate to the neighbors and to those within the public way. All of Ms. Adam's parking is located just feet off Forest Road, and has no view mitigation whatsoever. These photographs were recently taken from my client's driveway: Photo 1: Photo 2: Photo 3: Photo 4: 2 In particular, Ms. Adam's application is not clear whether two (2) of the five (5) outdoor spaces are actually behind the garage spaces. As evidenced by the photographs, the parking is currently used in this manner. 6/15/2010 5 -8 -4 Planning and Environmental Commission April 21, 2010 Page 5 ➢ As you can see, the outdoor off - street parking where Ms. Adam proposes to park up to five (5) vehicles is separated from Forest Road only by a small island covering only about one -half the length of the drive with a few boulders and no apparent landscaping. Under the Town's existing Development Standards, all landscaping shrubs /perennials /annuals /etc. must be located a minimum of five feet from the edge of the public road, and all permanent obstructions must be located a minimum of ten feet from the edge of the public road. See VTC § 14 -3 -2, Table 3. Given both the site constraints as well as the existing incompatibility with Town Development Standards, it is not practical to add landscaping or walls to mitigate the visual impact of parking so close to the public road. Even with a small vehicle, the parking area in front of the two garage doors is barely sufficient in length to enable the car to clear the Forest Road right of way. In accordance with VTC § 14- 3 -2(F) ( "Location ") parking spaces "must be entirely within lot lines and shall not encroach into any public right of way. No parked vehicle shall overhang any public right of way." Furthermore, the Town's current Development Standards require five feet horizontal clearance between any parking space and the edge of a public street. See VTC 14 -3 -1 Table 2 ( "Minimum Standards, Residential Access and Parking Standards "). Clearly even small vehicles overhang into the public right of way, such that the areas behind the garages are not legal parking spaces. ➢ The width of the thru drive will not enable a car parked in the middle of other vehicles to get out without moving the other vehicles. When Nancy's Nest has a full house, guests will have to move their vehicles to accommodate the comings and goings of Ms. Adam, her two tenants, and the other guests of the business. This will not only make for a bad business, it will generate additional vehicle movements that will impact adjacent properties. It is unrealistic to think that this parking challenge will not frequently lead to vehicles parked on Forest Road, impeding traffic. VTC § 14- 3 -2(A) ( "Vehicle Maneuverability ") requires that parking spaces be independently accessible ( "i.e., required parking for 1 unit cannot block access for parking for another unit on site "). In accordance with this definition, it appears that Ms. Adam's only legal parking spaces are the two in the garage and three (two cars nose -in on the downhill side of the drive, to the uphill of the garage, and one at the entrance on the uphill curb cut) in the drive. One of the criteria of approval of a conditional use permit is that the application be consistent with the purposes of Vail's zoning regulat1* 0 ns. The relevant specific stated purposes of the zoning regulations are: "To promote adequate and appropriately located off street parking..." See VTC § 12- 1- 1(B)(4). ➢ "To conserve and maintain established community qualities and economic values." See VTC § 12- 1- 1(B)(5) 3 See VTC § 12 -16 -1. 6/15/2010 5 -8 -5 Planning and Environmental Commission April 21, 2010 Page 6 "To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives." See VTC § 12- 1- 1(B)(6) Toward these and other ends, the Town has enacted the regulations set forth in Title 12 of the VTC. Title 12, Chapter 10 of the Town's zoning regulations prescribes that: [O]ff street parking ... areas are to be designed, maintained and operated in a manner that will ensure their usefulness, protect the public safety, and where appropriate, insulate surrounding land uses from their impacts In certain districts, all or a portion of the parking spaces prescribed by this chapter are required to be within the main building in order to avoid or to minimize the adverse visual impact of large concentrations or [sic.] exposed parking..." See VTC § 12 -10 -1 (emphasis added). The parking proposed by Ms. Adam will dramatically increase the adverse visual impact of exposed parking on this established neighborhood. From the public right of way and to all adjacent property owners who look onto Ms. Adam's property, Nancy's Nest will be a parking lot alongside Forest Road. As the photos demonstrate, Ms. Adam's existing parking is not consistent with the other driveways along Forest Road. Other private drives have a more narrow entrance into the individual lot, and parking is located more distant from the road and visually screened by grading or landscaping from full view from the public right of way. In contrast, Ms. Adam's parking runs the length of her driveway and has little or no shielding from public view. Every vehicle that parks at Nancy's Nest will be clearly seen by all neighbors and anyone entering Forest Road from the west entrance. The level of outdoor parking resulting from Ms. Adam's proposed business use will adversely impact this neighborhood. Other than stating that her garage and drive are capable of holding a total of seven (7) cars and can therefore satisfy "the needs of the guests ", Ms. Adam's application omits any mention of adverse parking impacts on surrounding properties, as though there will be no impact. Five vehicles parked outside is incompatible and inharmonious with the adjacent properties in this premier Vail neighborhood. At a minimum, Ms. Adam's application fails to meet the application requirements of VTC § 12- 16 -2(C). More importantly, however, the use for which Ms. Adam seeks approval will necessarily create impacts discordant with the characteristics of the Forest Road neighborhood and the purposes of Vail's zoning regulations. The physical characteristics of the lot do not appear to offer any practical mitigation opportunities to eliminate the visual impacts of high density outdoor parking at 765 Forest Road. VTC § 12 -16 -1 requires: "Where conditions 4 With Ms. Adam and her two tenants occupying the property, when the three (3) bedrooms of the bed and breakfast are occupied, there are likely to be six (6) vehicles parked at the property, not including the vehicles of anyone Ms. Adam may hire to help her staff Nancy's Nest for cleaning, cooking, etc. That's a lot of cars. If the operating characteristics of the business are such that it will also include hosting parties and other events, it is even more cars. 6/15/2010 5 -8 -6 Planning and Environmental Commission April 21, 2010 Page 7 cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. THE PROPOSED USE VIOLATES THE PROTECTIVE COVENANTS OF VAIL VILLAGE, SIXTH FILING Notwithstanding the failure of the application to satisfy the requirements of the VTC, and while not a matter even appropriately interpreted by this Board, Ms. Adam's proposed business use of her home violates the land use provisions of the Protective Covenants of Vail Village, Sixth Filing recorded June 5, 1964 in Book 183 at Page 1, a copy of which is attached. As the ALTA Owner's Policy Number 0- 9701 -64239 with an effective date of October 6, 1998 submitted by Ms. Adam with her application identifies in Exception No. 9, these covenants encumber her property. Section 2 of these covenants provides that "[t]he numbered Lots shall be used onl private residences each to contain not more than two separate apartments" (emphasis added). Ms. Adam seeks a business use for her residence. If allowed, Ms. Adam's single - family residence will accommodate her bedroom, a lock -off unit for her full time tenants, and three separate guest rooms available for nightly rentals. It is a business operated amidst some of Vail's premier residences. Absent an amendment to the covenants, the proposed use is a clear violation of the subdivision's protective covenants to which Ms. Adam is obliged to comply. Should Ms. Adam seek to amend these covenants to permit the use, a clear amendment procedure with which she may comply is provided. In the event this Commission deems it appropriate to approve the application, I urge you to approve the application subject to the following condition: Applicant shall comply with the requirements of the Protective Covenants of Vail Village, Sixth Filing, as the same may be applicable. CONCLUSION In conclusion, Ms. Adam's application to you for approval of a three (3) bedroom bed and breakfast in the home she currently shares with another couple is a use that is incompatible with the character of the neighborhood. The purpose of Vail's zoning regulations is to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. The parking impacts and the potential operating characteristic impacts on the Forest Road neighborhood are severe. As demonstrated, the proposed use is not harmonious with the neighborhood. The physical characteristics of the individual site are such that it appears that the known impacts are incapable of mitigation. Because the application fails to meet the required criteria of the VTC, and because the proposed use is incompatible and inharmonious with the Vail community, with the use and established character of the neighborhood, and with the purposes of the Vail zoning regulations, on behalf of my clients, 1 6/15/2010 5 -8 -7 Planning and Environmental Commission April 21, 2010 Page 8 request that you deny the application. Should you approve the application in spite of these impacts, I request that your approval be subject to condition stated above regarding compliance with the Vail Village, Sixth Filing covenants. Yours very truly, SARAH J. BAKER PC cJv a,h �/ Sarah J. Baker, Esq. SJB /sw Enclosure cc: Cliff and Bonne Illig Ms. Nancy Adam Monogram Real Estate General Communications, Inc. Jose and Patricia Mas 6/15/2010 5 -8 -8 I ancy Adam d/b /a Lionshead Bed & Breakfast 765 Forest Road, Unit A Vail, CO 81657 970 - 476 -5383 NSAVailp_aol.com April 21, 2010 Re: Conditional Use Permit Application for Bed and Breakfast To: Town of Vail Planning and Environmental Commission This follow up letter is sent to respond to some issues that have been raised concerning the conditional use permit application to use my residence as a bed and breakfast for a maximum of 3 bedrooms pursuant to §12 -14 -18 of the Town of Vail Code. Since my submittal, I discovered the original name is not available. I have registered the trade name of "Lionshead Bed & Breakfast." To clarify, the bed and breakfast will only be operated when I am in residence. I live here full time so the business will be operational year round based on customer demand. I will do the work myself so I do not anticipate hiring any employees. No more than 3 bedrooms will be used as part of this operation at any time keeping the residential load to 10 or fewer people. I will obtain the necessary TOV and state licenses when approved. The parking plan for my residence that was approved when my home was rebuilt in 2000 provides for 2 parking spaces in the garage and 3 approved surface spaces in the driveway. The tenants of the apartment under the garage use the west garage parking space. If they need a second space, they park that car behind the west garage door. This approach ensures that they control access to and from the west garage space. I park in the east garage space. My bed and breakfast guests will park in the 3 surface spaces approved in 1999. I anticipate having a key holder for the guests' car keys so that vehicles can be rearranged if necessary. The application is for permission to operate a bed and breakfast, not a special events or catering business. I do not intend to rent out as a catering or special function operations. I do not intend to rent to guests with pets (other than service dogs, if applicable). Smoking is not permitted inside my residence by anyone. My full time residency will provide supervision when a guest is present. This supervised use will have less impact on the neighbors than we experience from the numerous short term rental use of many homes on Forest Road. My presence will ensure that additional occupants are not "snuck" into the home, late night parties do not occur, and that property is properly maintained at all times. Thank you for your consideration of this application, klancf Adam, 'Owner 1 6/15/2010 5 -9 -1 T VAIL VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: June 15, 2010 ITEM /TOPIC: Lionshead Transit Center Welcome Center (Auxilary Bldg). PRESENTER(S): Tom Kassmel ACTION REQUESTED OF COUNCIL: Provide Town Staff and the consultant with size and program direction for the Lionshead Transit Welcome Center. BACKGROUND: At the May Council Meeting the Lionshead Center Deisgn Team presented the Design Development level plans for Phase I construction and a preliminary program plan for the Lionshead Transit Welcome Center. Phase I has moved into the construction document phase and is scheduled to be bid and start construction this year. Phase 11, the Transit Welcome Center, has been updated to reflect the comments heard at the May Council session, which includes opportunities to expand guest service functions, ski lockers, great room, and flexible exhibition space. STAFF RECOMMENDATION: Provide Town Staff and the consultant with size and program direction for the Lionshead Transit Welcome Center. ATTACHMENTS: LHTC Presentation 6/15/2010 r f " r r r. A . r 1 ' ..�;�� 'off •: � / ..� .•.w �' /l i y PC! {�i • �,( /� r .r �..._ „�;v .- ::�. 4 �- r r /�`/��T'jf Y i /f '�w�ir /"� .,._. � .. �a 11 zm ?nab Sta&" June 15 2010 Vail Town Council Work Session Auxiliary Building Replacement - 2011 improvements Discussion . 4240 Contents Why Are We Here Today? Part 01: Brief Overview of Previously Presented Work (Direction Received from Town Council on 5104110) Part 02: Brief Analysis of Precedent Facilities (Alpine Transit- Welcome Centers /Skier Services Buildings) Part 03: Possible Program Expansions and Subsequent Building Massing Options Option 01 - Two Story Structure Option 02 -Three Story Structure w /Mezzanine Part 04: Relative Cost Alternatives Based on Expanded Program and Massing Options Part 05: Next Steps 6/ 15,20 10 6 -i -z K , S " 1• Y Part 01 Previously Presented Auxiliary Building Replacement Overview At ■� •� S a �- A -� L _ - - �;,, . �,: ` °fit �� - .��•• ,• �z� • Part 01 Previously Presented Auxiliary Building Replacement Space Program A Public Waiting Area D - Vail Recreation District F Mechanical! Electrical 535 3,050 190 .nn.p viNr= G Circulation /Structure /Service 760 p MALIN� - M1N S[R'oIOX B Restrooms /Back of House ` 550 r ........................... ............................... Existing Auxiliary Building Program Summary: 5,345 bgsf Cg5 Town Information Center & C Information Center - Small Retail Tenant elu[ne� °on.w[ 305 E Retail Space Program Summary as presented on 5/04/2010 - 430 N[BOY 5,824 bgsf NA C`OMN,SF 6,1 6 -1 -4 Part 01 Previously Presented Auxiliary Building Replacement 2 Story Concept Main Visitor ■ ■ Main Visitor r ■ Entrance into ■ ■ Entrance into Info Center from ■ ■ VRD from LHPG ■ LHPG ■ ■ LH PG Lowest Level — 15 ■ ■ ■ ■ 11' -4' 40' -0• r ' -0• i4' -0• to' -0• lo' -o• �0' -0• 40' -0• 40' -0' to' -0• T -4' i i i Possible in - fillexisti ' open i n Yo allowfo benches' ' INFO I YFKMIlW I 1 I 1 I F I I 1 I {�NFO — ••. o. 1 w,vrmc -- - - - -- \ • u1 r.5 ed. aCCe55 - Pr am loweso' level LHP14 ,(� I �� •: { ` d ..... ........ .... .... k ... ..... ... � � _ .� s.lr�o.rvcl • - 1 existing building outline -------- exterior exterior plaza - -- - i ---------------- Ground rloor Plan 6/15/2010 S 6 -i -5 Part 01 Previously Presented Auxiliary Building Replacement 2 Story Concept i LHPG Middle Level - 2S I opera to below mwow �'Nµ [. ♦H i - FStlpK.f I Ii + II �� 1 i n N:I i I "a�T DiFlq 1 _► I �rs5s wnaN YkL Ff➢y.H � rN��NC �HplMl } 1 ♦,♦ I I I I I I'� I oKN ID wfA ♦w - r �f�w� wwl�pw �wwwww wwl yd wlw wwwwww. ww.Vw wwwww.. wiw •w -_ r ♦ • ^"RL . ` _ - -.— Y - -_l - - -- - existing -- - - - --- .j ...... building outline - Second rloor Plan 6, 15,20 10 6 6 -1 -6 Part 01 Direction Received from Town Council on May 04, 2010 Investigate Possible Program Enhancements to Welcome Center: Provide Ski Storage and Expanded Locker Facilities Expand Great Room/ Public Waiting Area Provide Additional Public Restrooms Related to VRD Space Consider Providing Flexible Public/ Exhibition Space Design Upper Level (VRD) Spaces to be Flexible For Change in Future Use Provide Outside Waiting /Greeting Area at Short Term Parking Level Explore "Reduced Scope" East Mall Improvements to Improve Lionshead Entry Additional Guest Service Enhancements to Consider: Mezzanine Area Overlooking Great Room Additional Public Restrooms on Third Level Outdoor Patio Space /Holding Area for Vail Recreation District 6/15/2010 7 6 .1.7 Part 02 Brief Analysis of Precedent Facilities (Alpine Transit - Welcome Centers /Skier Services Buildings) Project Points of Reference: Snowmass Village Arrival Center Vail's Front Door Skier Services Building /Golden Peak Vail Village Transit Station 6/15/2010 8 6 _1.8 P art ti _ -�• i l y..� Precedent Facilities (Alpine Transit-Welcome Centers Skier Services Buildings) Sn Vill Arrival Center Part 02 Precedent Facilities (Alpine Transit - Welcome Centers / Skier Services Buildings) e , _ U _ - - ., ❑ Great Room 2,450 sf condos , ❑ Vertical Circulation - ❑ Commercial 1,300 sf r ❑ Restrooms 800 sf f _ Information /Admin 450 sf r ...... ► I ❑ Lockers /Changing Rooms _ .. .. ■. r r, Upper Floor Points of Reference I Similarities: • Inward Focus of Central Fireplace • Great Room Beachfront Exposure Info, Center {1L * # itr • T a • Restrooms Accessed from Exterior- By Great Room Bus Waiting IL : u Vehicular Access From Below Grade I Inside Building - Creates Two Front Doors : • Retail Focus Towards Street - Does Not ...... Participate with Internal Uses — 2L. : L V Information Center connected to Living Lower Floor Room 1 Bus Arrival /Pick Up 6,15,'20 10 �0 6 .1.10 Snowmass Village Arrival Center Part 0►2 Precedent Facilities (Alpine Transit - Welcome Centers / Skier Services Buildings) ONE HILL - VAI.L (3UILDING PLACE IME r ' • _ LO X k 'IJP ED F � 1. SKIER SEEVICES Points of Reference / Similarities: Public Ski Storage (Valet Services) Accessed from Exterior Yard PARK _ •Food and Beverage (coffee shop) Accessed ,• ` ;, } Directly from Living Room & Exterior ili • Restrooms Accessed from Interior - Directly from Great Room Internally Focused Central Fireplace t` V,. • Establish Distinct "Zones" within the I M I Great. Room - Creating A Place for One and a Place For Many Ski Valet Service 6/15/2010 6 -1 _11 Vail's Front Door Skier Services Part 0►2 Precedent Facilities (Alpine Transit - Welcome Centers / Skier Services Buildings) ❑ Gold Peak Great Room 2,500 sf w !� { ❑ VFD Great Room 2,000 sf < .0 { ❑ Vertical Circulation Y ❑ Retail 375 sf r Ticketing'. .' ❑ Restrooms 780 sf Circulation: 2 elevators @ south side of Skier Services Ski Rental .r 'r P Grea Roam - . stdiI ge 4 Furst Floor Skier Services Lowe Floor Skier Services Ski Valet Service 615,2010 1 2 6 _ 1.12 Vaii's Front Door Skier Services Part 0►2 Precedent Facilities (Alpine Transit - Welcome Centers / Skier Services Buildings) Great Room divided into different zones - from more intimate private spaces to more exposed public spaces 1 • • • • Zone 1 Public Area - External • Zone 2 Mixing Area, Cafe ° . • Zone 3 Hearth, Warm - Internal y • Zone 4 Private, Intimate - Internal Allyn "s t .• • i Qa< • '..�" .,..you i � � °._ }� � 1. •; r f .A Women • • • 4 �Gr t lioorn Great Room 1 %� e• � `�• ;:iii - �� 3y :flutdoor Porch Ski Valet Service Ski Valet Service 6/ 15,20 10 13 6- 1 - 13 Vaii's Front Door Skier Services Part 02 Precedent Facilities (Alpine Transit - Welcome Centers / Skier Services Buildings) Retail Great Roam Public Ski Storage ............... ; : : ................ .. ................. .................. \ { �y s o 1 ` Section A Skier Services ON N t ` ■g - ! \ \ I 1 / I � / I i TYPE 1 Ski Storage Ski Locker Area: 2,000 sf Higher Efficiency Basement Skier Services Accessible via Ski Valet Service Only 6/15/2010 14 6 1 14 Vaii's Front Door Skier Services Part 02 Precedent Facilities (Alpine Transit - Welcome Centers / Skier Services Buildings) TYPE 2 Ski Storage Self Serve Public Access 1 Lower Efficiency I rIj �y Ski Locker Area: 400 sf 6/15/2010 ,; 6 .1.15 Vail Village Transit Station Part 03 Possible Program Expansions and Subsequent Building Massing Options Town Council Comments Possible Program Enhancements to Welcome Center: Provide Ski Storage and Expanded Locker Facilities Expand Great Room /Public Waiting Area Provide Additional Public Restrooms Related to VRD Space Consider Providing Flexible Public/ Exhibition Space Design Upper Level (VRD) Spaces to be Flexible For Change in Future Use Provide Outside Waiting / Greeting Area at Short Term Parking Level Explore "Reduced Scope" East Mall Improvements to Improve Lionshead Entry Additional Guest Service Enhancements to Consider: Mezzanine Area Overlooking Great Room Additional Public Restrooms on Third Level Outdoor Patio Space /Holding Area for Vail Recreation District 6/ 15,20 10 16 6 -1 -16 Part 01 Previously Presented Auxiliary Building Replacement Overview A Public Waiting Area D - Vail Recreation District F Mechanical! Electrical 535 3,050 190 G Circulation /Structure /Service 760 p MALIN� — M1N S[R'oIOX B Restrooms /Back of House ` 550 r ........................... ............................... Existing Auxiliary Building Program Summary: 5,345 bgsf Cg5 Town Information Center & C Information Center - Small Retail Tenant elu[ne� °on.w[ 305 E Retail Space Program Summary as presented on 5/04/2010 - 430 N[BOY 5,824 bgsf NA C`OMN,SF 6,1 6 -1 -17 Part 01 Previously Presented Auxiliary Building Replacement Overview A_Public Waiting Area D_Vail Recreation District F Mechanical! Electrical 535 3,050 190 G Circulation /Structure /Service wxx,x xxF. �xtx�., 760 's. ncixn - iox sma,ax B_ Restrooms /Back of House ` Possible Additional Program - - -� t 550 i 700 50 1 I great room 225 1 Rest j E I rooms I I 1 smb6v5111 1 600 C_ Information Center ` " 6 circulation / 225 Structure Rest 1 rooms BMLC Cl I ES,PWIYSiJ 1 1 ` I 305 E_Retail 500 70 0 Total Additional. GSF = 3,000 sf 430 i Public Ski Ski Valet i 8,820 bgsf �.mx I Lockers N rowx� I 1 6 -1 -18 Part 03 Passible Program Expansion and Building Massing Options SHORT TERM PARKING VEHICULAR ENTRY (E) LHPG LEVEL 'IL SHORT TERM PARKING/ SKIER DROP OFF `1_ PED ACCESS (E) OFFICE FROM LOWEST SPACE 1 LEVEL OF LHPG i PROPOSLDVLRTICAL CIRCULATION & LANDING e — — — — — — — —� A I - �.� AVAILABLE t , • DEVELOPMENT r FOOTPRINT 5,180 SF QUTLINE OF (E) - `� AUXILIARY BUILDING Goats. preserve views Anchor and orient the new building with the ° elevator towers — landmark, close to primary EAST LIONSHEAD CIRCLE circulation a Create Exterior Elevator Landing at Each Floor to Focus Views to the Mountain per - Site Constraints LHMP View Corridor No. 01 6i 15,20 10 y 6- l - I9 Lionshead Welcome Center Part 03 Possible Program Expansion and Building Massing Options SHORT TERM PARKING VEHICULAR ENTRY (E) LHPG LEVEL 1L SHORT TERM PARKING/ SKIER DROP OFF Main Visitor Main Visitor Entrance into Entrance into PET) ACCF55 Welcome Center VRQ from LHPG FROM LOWEST from LHPG (E) OFFICE PEQ ACCESS ABANDON E SS S LEVEL OF LHPG SPACE � 1 1 1 1 • 1 1- •" \ V CV -f SKI VRD • INFO LOCKbRS PATIO /� ♦ — MEN RETAIL MENS ` • GREAT R OM � • 7l - VALET SERVICE ELEVATOR PROPOSED VERTICAL TO BASEMENT LEVEL SKI STORAGE CIRCULATION AND LANDING ; EAST LIONSHEAD CIRCLE t Goal: Shift the Focus of the Program Spaces to a - North South Orientation Ground Floor - Plan Diagrams 6, 15,20 10 20 6- I -20 Lionshead Transit Welcome Center Part 03 Passible Program Expansion and Building Massing Options - (E) LHPG LEVEL 2L { ` PLD ACCESS 7 S+ FROM MIDDLE LEVEL OF LHPG ♦ ♦�, / `�✓ ! , � ��! 1` v MEZZANINE ` �i:` I f ! I �� ♦♦ views VRD(IMAGINATION ♦ ST'ATI'ON) j T . ♦ � s OPEN TO S�L?fv j VIEWS } 9 PROPOSED VERTICAL ; CIRCULATION AND LANDING r FACT 1 S/SAICLIC hR'1 CIRCLE ' r CAD Coal: Create Vertical Connections Between Ground floor and Mezzanine Through Complimentary Program Floor 2 - Plan Diagrams Uses 6iuizolo 21 6-1 Lionshead Transit Welcome Center Part 03 Passible Program Expansion and Building Massing Options PED ACCESS FROM UPPER ■ LEVEL OFLHPG ■ ■ (E) LHPG LEVEL 3L ■ ■ rN, ■ VR PROGR M / VRD ('EC FUME - 4%. MENS WOME' S VRD PR GRAM r < -- 1 � e J i j f /* `. PROPOSED VERTICAL ; CIRCULATION AND LANDING � r r � r Goal: , Create a Flexible Open Plan Layout to - Accommodate Potential Change in Use Floor 3 - Plan Diagrams 6n 5,2010 22 6 . 1 22 Lionshead Transit Welcome Center Part 03 Passible Program Expansion and Building Massing Options J Y 4 2 Q 'P Y � S a b� OUTLINE OF (E) AUXILIARY BUILDING y LHPG LEVEL 3L VRD (ECOFUN) LHPG LEVEL 2L - VRD (IMAGINATION) sE•t` - n ya !�i`k ) LHPG LEVEL 1L �},\ LOCKER ROOM EAST LIONSHEAD f CIRCLE D 1G'MIN O FFIPICK UP SIDEWALK (] O al. Articulate the Building Massing — Step -backs / Base - Middle -Top / Etc. To Respond to Lionshead Redevelopment Masterplan Guidglfgq 23 6 - 1 -23 Lionshead Transit Welcome Center site Constraints Part 03 Passible Program Expansion and Building Massing Options a . Q Y i 7 I Y u — OUTLINE OF (E) AUXILIARY BUILDING I LHPG LEVEL 3L VR P QGRAM ti VIEW TO MOUNTAIN LHPG LEVEL 2L ME NINE 1 N, SX2' - a , /2 ° IVIA .6 ATI N LHPG LEVEL 1 L L VIE 1 TO BUSES B.O.H. .�1�.... GREAT ROOM EAST LIONSHEAD j CIRCLE .............................. SKOSTORAGE -. I ------- - - - - -- i sy f Coal: u = Establish Internal Connections (Physically and Programmatically) to Animate and Enliven Public Spaces -- - - - - - - - - - ------- 6, 15,20 24 6 -1 - 24 Lionshead Transit Welcome Center site constraints Part 03 Possible Program Expansion and Building Massing Options r ------------------ - - - - - TYPE I Ski Storage (Valet Only) ----------------------- Valet S-TA ........ Only Access MECH BOH STORACE from Ground Floor ......................... Goals: Provide Dedicated Valet Ski Storage Below Grade — Away From Primary Building Circulation Routes Option 01 & 02 Basement - Plan Diagrams 6, 1 5 ,20 1 0 25 6 1 -25 Lionshead Transit Welcome Center I (E) LHPG LEVEL IL PED ACCESS ' �. FROM FIRST LEVEL OF LHPG __ '; SKIER LOADING UNLOADING -. '1 h ,.. EXISTING , _ _ I _ OFFICES I i I I I - AL Eli II t r 4 1 1 _ . � I f SKIER WAITING AREA ART IN PUBLIC PLACES ALONG NORTH WALL Goals: Provide Clear Pedestrian Access to Welcome Center and VRD Entrances and Small Exterior Waiting Areas Out of Circulation Routes ( i Option 09 & 02 Animate the North Face of New Welcome Center with Skier Drop -off/ Short Terra Parking Public Art 6, 15,20 10 26 6- 126 Lionshead Transit Welcome Center Part 0►3 Possible Program Expansion and Building Massing Options I Main Visitor ■ a I Main Visitor Entrance into ■ ■ I Entrance into Info tenter from ■ ■ ■ ■ VRD from LHPG LHPG ■ • ■ YYY ■ HC ■ HC I • ExlsnHc r ! I r OFFICES ■ ■ N � 11_ • — — _-- - - - - -- ----- 7 - - - -90H _ -- _i -- a, m om/ VRD O VENDING i ELEC RETAIL AIRS - V & �� PATIO Ifs r 0 � ZO: WOMENS IAN, - � — � �— ,� RETAIL LL?CKE K.� _ _ J AMENS - ~ ~_ ■ � I - - -.- � Existing Aux. � � "�� "r - --- -- pedt access from � • , lowest level LHPG' Bldg. Footprint ■ —�- ■ Ski Valet Access Goals: Consolidate Expanded Program (8,820 sq. ft) on 2 Levels — All Public Functions Located on Ground Floor Shift Focus of Program Functions to I Option 01 (2 Story) North /South Orientation Ground Floor - Plan Diagrams 6/15/2010 27 6_ I -27 Lion'shead Transit Welcome Center Part 0►3 Possible Program Expansion and Building Massing Options I ped. access from middle level LHPG �' -_— ' ` ice ,; . " • i ` ® I • � __ OFFICE OFFICE OFFICE STO, IBREAK OFFICE 'J ROO., - KITCHEN MENf' OME s - ` aND LEVEL LANDING / ME hSi VJOMENS \ YRD VRD s _ {Imagination Sta6an} (Camp Etofun} - ------------------- L - -_- --- - - -- - - =- - - - -- - - — Existing Aux. - Hfdg.Footpr'int 1r r Goals: r' Consolidate all VRD Space on 9 Level Establish a Flexible and Open Floor Plan for Possible Change in Future Use Locate all Service Spaces (Kitchen, Storage, I Option 41 (2 Story) Toilets, Etc.) along North Side — Preserve Floor 2 - Plan Diagrams Views Along South Side 6 „5,2010 28 6-1-28 Lionshead Transit Welcome Center Part 03 Possible Program Expansion and Building Massing Options I YENOING k STAIRS i i I i i i i M €CNjELECT VANITOR V But* YRD AREA Ok STA PATIO 7 WOMENS INFO CENTER R ©HJPREP �r �y ti WlJTING U J AREA P x RU[ I II _ �► O'f ¢ AREA n ° k, LOCKERS REEAII - �/ � � _ COUNTER MENS 1 �G 1 r I L •r - ( Goals. a ' Reduce ,East -West Dimension of Building by Accommodating Program on 3 Levels Create Vertical Connections Between Ground Floor and Mezzanine Levels — Active vs. Quiet + I Option 42 (3 Story) Public Spaces Ground Floor - Plan Diagrams 6, 15,20 10 29 6 - 1 -29 Part 03 Possible Program Expansion and Building Massing Options i \ M[Y2kNpiE STAIRS 4TF1R 1 9ELOA4 I - — � � � I�»vu41wATK7n - I -`' — sTAno+u oFTlpe 1 — `I Goals: Provide VRD Imagination /Exhibition Space on Mezzanine Level — Encourage Visitors / Transit Passengers to Interact Provide Quieter Public Waiting Area on r l Option 42 (3 Story) Mezzanine Level — Views to Mountain Floor 2 - Plan Diagrams 6/15/2010 30 6 - 1 -30 Part 03 Passible Program Expansion and Building Massing Options --NI FOOTPaw i I euuc�lc f KITCHEN tJ PAINTING R \ \\ VkU MEN'S FN'S (EcofuN) ' a AA ORM OFF14E -a � – —V -- A I Goals: Provide Remaining VRD Program on 3rd Floor in a Compact Footprint — Building Steps back on South and East Sides to Reduce Sulk and Massing r.l. Option 42 (3 Story) Provide Additional Set of Public Restrooms at Top Deck Close to Main Circulation Floor 3 - Plan Diagrams 6n 5, 2010 6 -1 -31 Comparison of the Restroom Wing - Access, Circulation, Orientation - Fixture Count V -0' W-0• W -0" 10 7 -0 10' -0' I I tl Through Access+ - - -- ■ J ANITOR +,JELECT 1 ■ REA DIN - `TAI V TIE WOMENS b i SC1HJfRfP FI T tl — crecal l AREA A -- � RLJBUC — — =i n fd5 � � �' �y o/ �' —� ■ I ,OCECERS w4MfN V i RF NT ■ CDUNTER + ° — � MENS _ r ■ One Side Access Restrooms oriented towards Restrooms oriented towards exterior internal circulation combined with public lockers 6n sizolo 32 6 -1 -32 a Comparison of Great Rooms: Lionshead Welcome Center (as programmed) - (1,200sf) - - - -- - -- — -- Vail's Front boor — (2, 000sf) . t MEZZANINE Vw Golden Peak — (2, 500st) , 4 IMAGIINAI STATIC Snowmass Visitors Arrivals Building — (2,450sf) - - - - - -- ! /------- - - - - -- Floor 02 i I I I I � f M -_ - - - - - - -_ - - - - - - —_ —_ —_ 6 � U 6. VENDIN ELEC ♦.. .. - -- " RETAIL STOR. VENDING 1�P * _ - -- MECHfE1.�ECr JANITOR G j '"""' BOM AREA TER ` L E`er ftNFO i FI:idEI'LACE B,14i' - fi' __� CENTER I I 80141 PREP � "I RETAIL = `� WAITING I V AREA AREA AREA ©0 10 ] r RETAIL y � _ " COUNTER 0? �g - - - - -- - - -- -- ------- - - - -�. - Option 01 (2 Story Building) Ground Floor Option 02 (3 Story) Ground Floor 6/15/2010 33 6 -1 -33 Design Strategies: i g Create Active Spaces and Quiet Spaces A W. Create Clear and Direct Circulation and Way- finding to Short -Term Parking/ Skier Drop -off A� Link Directly with Town Information Center Zone 4 Private Intimate Provide Unobstructed views to Buses Zone 3 Caf&Seating RETAIL TO. VENDING i i � !ELEC 130N - _ - - Zone 2 Hearth Unarm Intimate E I ■ e ! .... — RETAIL ✓ r AREA ` i f r 1 rviews �-�- Option 01 (2 Story) Ground Floor 6/15/2010 Zone 1 Public Area waiting /view � 6 -1 -34 Design Strategies: 0 �— Create Synergies Between VRD Exhibition Space and Public Great Room Mezzanine 0 Establish Unobstructed Views of Mountains MEZZAN FIR.PIJ4 from Mezzanine Level f �(JPE� IMA Create "Wow Factor" - Welcome to Lionshead P through Double Height Volume _mow F -.------- - ---�' Establish Distinct Zones Ranging from Active i _ Ground Floor to Quiet Mezzanine Floor 02 Ai 4 570 R. VEMR1fJGi� +.... * ME L7 1 ANITOR 51AIRS AREA i L FI REPLACE ''CE x NTER C Bf] H J nRER 1. WAITiNC I � L Ito _F n AREA a , AREA L © ] I RETAIL COUNTER Mount Rainier: Henry ckso Option 02 (3 Story) Ground Floor 6/1 '2010 35 6 -1 -35 Creatin Dy nam i c and E P S Thr ough 1 ��IYY - Light - Volume oft allow ° y i , e Bod H ea t _ ' JO ' Et IM r a_ - : ��=�: --, ,, ,�; , . , � .� ► � 1 � X11 �111 III. � mr Creating Dynamic and Exciting Public Spaces: Through ,Programming: - Information 1 0 - ... 1 I - Education - Events - Art - Other uses r " L: Ll 1 d r~ .4 6/15/2010 It 37 6.1 -,7 ".t'. Part 04 Relative Cost Alternatives Based on Expanded Program and Massing Options 6/15/2010 38 6 -1 -38 Relative Costs by Option Auxiliary Building Replacement Costs by Option January 19, 2010 May 4, 2010 June 15, 2010 June 15, 2010 (4,250 sq. ft. enclosed bldg) (5,820 sq. ft. enclosed bldg) (8,820 sq. ft. enclosed bldg) (8,820 sq. ft. enclosed bldg) Option 1: Two Story Building Option 2: Three Story Building This cost reflects This cost reflects demolition, This cost reflects This cost reflects demolition, new new construction, full demolition, new demolition, new construction and partial program replacement PLUS construction, full program construction, full replacement of existing the addition of Retail Space replacement, addition of program replacement, program only and Town Information Center Retail Space, Town Info. addition of Retail Space, within New Building Center, PLUS 3,000sf of Town Info. Center, PLUS new Program including 3,000sf of new Program (Larger Great Room, including (Larger Great Public Ski Lockers, Room, Public Ski Basement Valet Ski Lockers, Basement Valet Lockers, Additional Public Ski Lockers, Additional Restrooms) within New Public Restrooms) Building within New Building Full Building Replacement Full Building Replacement Full Building Replacement Full Building Replacement (no escalators/ New 2 (New 2 story building + (New 2 story building with (New 3 story building with story building +partial 3 " d partial 3 " d floor public expanded program) - expanded program) - floor public restrooms restrooms only) - Total 8,820 sq. ft. Enclosed Total 8,820 sq. ft. Enclosed only) - Total 4,250 sq. ft. Total 5,820 sq. ft. Enclosed Space Space Enclosed Space Space $4.1 -4.6m @ 4,250sf $4.4 -5.0m @ 5,820sf $5.8 -6.6m @ 8,820sf $6.4 -7.3m @ 8,820sf We did not develop a layout to The small jump in cost /sq. ft. is Basement Ski Valet Program, Basement Ski Valet Program this Program / Nor did weassign attributed to further conceptual includes 700sf floor area + includes 700sf floor area + which existing spaces would building design and recent FRTB dedicated 1 stop elevator = dedicated 1 stop elevator= require relocation off -site priORgA glysis $575k $575k 39 6 -1 -39 Part 05 Next Steps 6/15/2010 40 6-1 - 40 Part 05 Next Steps Proposed Next Steps: • Town Council provide direction to Staff and Design Team on preferred Space Program (Building Size and 2 story vs. 3 story Building) • 4240 Team to come back to Town Council with proposed building design options (architectural massing & building character) incorporating selected space program. • Town Council select preferred architectural concept to be refined by 4240 Team through Entitlements - PEC / DRB / Staff - per current Contract. • Town select design team to proceed with Final Design, Construction Documents and Construction Phases for 2011 Improvements. Proposed Timeline (2010 Improvements): • With this direction the anticipated timeline (subject to change) will be: • Schematic Design, Design Development and Entitlements - (June- September) • Construction Documents / Permitting Prepared - (October- January) • Construction Phase (2011) - ( February - November (public spaces only, February 2012 (VRD Tenant space) 6,152010 6 -1 -41 J�� ,,k ,, 6/15/2010 6 -1 -42 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: June 15, 2010 ITEM /TOPIC: Resolution No. 15, Series of 2010 a Resolution Approving an Intergovernmental Agreement between the Town of Vail and Eagle County Regarding the Use of Eagle County's 800 MHz Area Wide Smartzone Trunked Radio Services; and Setting Forth Details in Regard Thereto. PRESENTER(S): Dwight Henninger ACTION REQUESTED OF COUNCIL: Approve, amend or deny Resolution No. 15, Series of 2010. BACKGROUND: Eagle County has installed and maintained an 800 MHz radio system (the "System ") and is offering non - exclusive access of the radio system. The System will allow multi - jurisdictional agencies exclusively to communicate directly with public safety organizations, including but not limited to police activity, code enforcement, fire and emergency and disaster response. This Intergovernmental Agreement formalizes the existing process and gives authorization for a newly formed executive committee to make budget recommendations to the Board of County Commissioners. STAFF RECOMMENDATION: Approve, amend or deny Resolution No. 15, Series of 2010. ATTACHMENTS: Resolution No. 15, Series of 2010 Exhibit A IGA 6/15/2010 RESOLUTION NO. 15 Series of 2010 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND EAGLE COUNTY REGARDING THE USE OF EAGLE COUNTY'S 800 MHZ WIDE AREA SMARTZONE TRUNKED RADIO SERVICES; 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, Eagle County (the "County ") has installed and maintained an 800 MHz radio system (the "System ") which allows multi - jurisdictional agencies to communicate directly with public safety organizations, including but not limited to police activity, code - enforcement, fire, and emergency and disaster response; and WHEREAS, the County is offering non - exclusive access of the System; and WHEREAS, the Town and the County wish to enter into the Intergovernmental Agreement (the "IGA ") formalizing the existing process; and WHEREAS, the Council finds and determines that the non - exclusive access of the System is necessary and will promote the health, safety, morals, and general welfare of the Town; and WHEREAS, the Council's approval of Resolution No. 15, Series 2010, is required to enter into an IGA. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA with the County, in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. 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 15 day of June, 2010. Richard Cleveland, Town Mayor ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 15, Series 2010 6/15/2010 7 -1 -1 AGREEMENT FOR USE OF EAGLE COUNTY'S 800 MHz WIDE AREA SMARTZONE TRUNKED RADIO SERVICES THIS AGREEMENT ( "Agreement ") is made and entered into this _ day of , 2010, by and between the County of Eagle, State of Colorado, a body corporate and politic, acting by and through its Board of County Commissioners ( "County ") and ( "User Agency "). RECITALS WHEREAS, Eagle County has installed and maintained an 800 MHz radio system (the "System ") and is offering non - exclusive access of the System to other organizations including governments, emergency service responders, and certain other special districts (all of which, together, shall be referred to herein as "User Agencies" as listed in Exhibit A); and WHEREAS, User Agency desires to use the 800 MHz System ( "System ") for infra jurisdiction and inter jurisdiction communications; and WHEREAS, in addition to permitting the User Agency access to the System, User Agency and County desire to establish terms and conditions that will govern the participating organizations use and access to the System; and WHEREAS, additional organizations may be granted access to the System when the Executive Committee determines that such access will be of benefit to the citizens and visitors of Eagle County. These additional organizations shall be referred to as "Cooperating Agencies" and the currently approved Cooperating Agencies are listed in Exhibit A. NOW THEREFORE, for and in consideration of the promises set forth herein, the parties agree as follows: ARTICLE I DEFINITIONS 1.1 Cooperating Agency: Agencies who do not use the System as their primary radio system but who do use the system to interoperate with User Agencies. 1.2 Executive Committee: A policy advisory group comprised of a representative from each of the User Agencies. 1.3 Steering Groups: Groups who provide technical and/or policy guidance for operation of the System. See Technical Operations and Executive Committee. 1.4 System Manager: An Eagle County employee, assigned by the Eagle County Manager, to provide day to day management of the System. 1.5 Technical Operations Committee: An advisory committee made up of any representative of agencies or entities who have an interest in the operation of the System. 1 6/15/2010 7 -2 -1 1.6 The System: When the term "the system" is used in this agreement it is referring to the 800Mhz radio infrastructure which includes all radio transmitting and receiving sites and related equipment 1.7 User: Any individual operating radio equipment on the System. 1.8 User Agency: Any agency who is approved to have radio equipment operating on the System and who use it as their primary radio system. ARTICLE II TERM & TERMINATION 2.1 The initial term of this Agreement shall be the date set forth above through December 31, 2010. This Agreement shall automatically renew for one -year periods running from January 1 through December 31 of each consecutive year, unless this Agreement is otherwise terminated in accordance with this Agreement or unless either party gives the other written notice of its election not to renew no later than June 30 of the expiring term. 2.2 At anytime during the term of this Agreement, any party aggrieved of a material breach of this Agreement may serve on the other party a written notice describing the breach. If an attempt to cure the breach is not pursued within 30 days after the delivery of the notice, this Agreement shall automatically terminate. 2.3 Upon termination of this Agreement, the User Agency shall immediately reprogram all of its radios containing County template programming and SmartZone system parameters from its equipment at its sole expense. Such reprogramming must be performed by Motorola or a service provider approved by the System Manager as defined in Article IV of this Agreement. 2.4 For government entities only; notwithstanding anything to the contrary contained in this Agreement, a government entity shall have no obligations under this Agreement after, nor shall any payments be made towards the System in respect of any period after December 31 of this Agreement's current year without an appropriation therefore by the government entity in accordance with a budget adopted in compliance with all or any of the applicable following laws: Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. §29 -1 -101 et.seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). ARTICLE III THE 800 MHz SYSTEM 3.1 The System is a radio communications system which allows defined multi - jurisdictional User Agencies and Cooperating Agencies to communicate with one another throughout the geographic reach of the system. System communications depend upon antenna/transmitter- receiver sites which the County may lease and/or sublease from other entities. Said aforementioned sites may be subject to leases of real property which may expire or be terminated. In the event of an expiration or termination of a site lease, the System may become limited in its geographic reach in which case the antennas /transmitter- receivers may need to be relocated at the expense of the User Agencies and Eagle County. Furthermore, the System is subject to electromagnetic and meteorological disruption and to electronic and mechanical failure. The County cannot and does not guarantee the operability of the System as a whole or in 2 6/15/2010 7 -2 -2 any part of its geographic reach; however, the County will use its best efforts to maintain the System. 3.2 The County at the County's discretion will from time to time continue to improve the System. The County will seek input from the Steering Groups regarding any recommended improvements. 3.3 The System shall be used exclusively by organizations that conduct operations as, or directly affiliated with, public safety organizations, including but not limited to police activity, code - enforcement, fire, and emergency & disaster response. 3.4 Any failure, impairment, delay, interruption to the use of the System due to an Act of God or due to any other causes beyond the direct control of the County, shall not constitute a breach of this Agreement and the County shall not be liable for any injuries, damages, or losses of any nature whatsoever resulting, directly or indirectly, from such failure, impairment, delay or interruption. 3.5 By entering into this Agreement, User Agency accepts the System AS IS , as it presently exists subject to the foregoing limitations. ARTICLE IV THE 800 MHz SYSTEM STEERING GROUPS 4.1 The County will establish the 800 MHz Executive Committee ( "Executive Committee ") for the purposes of assisting the County in administration of the System. The Executive Committee will consist of one designated representative from each User Agency. Cooperating Agencies will not be represented on the Executive Committee. Each User Agency shall submit the name of their designated representative to the System Manager, who is identified below in this Agreement, by January 31 st of each year. The Executive Committee may elect officers for this committee consisting of a Chair, Vice -Chair and Secretary. The County Finance Director, or his designee, shall serve as an advisor to the Executive Committee. The Executive Committee shall meet at least once per year to ratify the following year's budget recommendation to be made to the Eagle County Board of County Commissioners, and at other times at the request of the Executive Committee Chair, Board of Eagle County Commissioners, or in accordance with such bylaws as it may adopt. 4.2 The Eagle County Board of County Commissioners shall make all final budget decisions related to the Eagle County 800 MHz system. The System Manager will present a proposed budget to the Executive Committee no later than June 15` of each year. 4.3 The Executive Committee shall also be responsible for coordinating with all User Agencies and Cooperating Agencies regarding necessary appropriations to cover unforeseen expenses. 4.4 There will be an 800 MHz Technical Operations Committee ( "Tech Ops Committee ") for the purposes of assisting the System Manager in planning for the multi jurisdictional operation of the System. The Tech Ops Committee will consist of representatives from the User Agencies and the Cooperating Agencies. The Tech Ops representatives shall elect positions for this group consisting of a Chair, Vice -Chair and Secretary. The Tech Ops Committee shall meet periodically in accordance with such bylaws as it may adopt, and subject to any request made by 3 6/15/2010 7 -2 -3 the System Manager, the Executive Committee Chair, or the Board of County Commissioners. 4.5 The Executive Committee and Tech Ops Committee are advisory boards to the Eagle County Board of County Commissioners, and are not independent legal entities. ARTICLE V RADIO SYSTEM FEES 5.1 The Executive Committee will annually review the operating cost of the system and recommend the system budget to the Board of County Commissioners. User fees will then be determined for the following calendar year based upon the formula approved by the User Agencies in December of 2009, which formula is attached hereto as Exhibit `B" and incorporated herein by this reference. Recognizing that the costs and revenues from operation of the System must be incorporated into the annual County budget, and the annual budgets of all User Agencies, the Executive Committee will make its budget recommendation to the Eagle County Finance Director and all User Agencies by July 15th of each year, or as soon thereafter as is practicable. 5.2 Invoices will be delivered on or about March 15 of each year with the payment due by April 30` of each year. Invoices not paid by May 15` will be charged interest at a rate of 1.5% monthly (18% A.P.R.). Failure to remit payment within 90 days of the invoice date will be construed as a material breach of this agreement. ARTICLE VI SYSTEM COORDINATION 6.1 A "System Manager" shall be an Eagle County employee and shall be appointed by the Eagle County Manager. 6.2 The System Manager will take recommendations from the radio system Tech Ops Committee and will supervise and/or coordinate all work performed on the System. 6.3 Each User Agency shall designate a "Radio Coordinator" who will serve as the point of contact between the User Agencies and System Manager. A designation of the Radio Coordinator shall be made by notice in writing to the System Manager, and may be changed at User Agency's discretion by written notice to the System Manager. 6.4 The System Manager is responsible for reviewing and approving template designs for all User Agencies. 6.5 Neither a User Agency nor any employee, representative, agent or volunteer thereof may change talk group names, talk group functions, talk group aliases or any other programming without the recommendation of the Tech Ops Committee and the approval of the System Manager, who shall approve the change unless it will or may disrupt use or management of the System. 4 6/15/2010 7 -2 -4 6.6 Only persons approved by the System Manger will be allowed to program a User Agency's radios and other equipment. ARTICLE VII EQUIPMENT 7.1 No equipment may be installed at any remote site, including the master site, by any User Agency without the express written consent of the System Manager. User Agencies, through user fees, support the operation and maintenance of remote site equipment. Remote site equipment includes, but is not limited to: antennas, transmission lines, RF repeaters, microwave and land - based transport and multiplexing equipment, power supplies and backup power generation and storage. Also included are the central zone controller, servers and interface equipment at the master site. The cost of maintenance, repair and regularly scheduled replacement of these components is a part of the system budget. It is possible that lightning, wildfire, wind, flooding or other natural events as well as arson, sabotage or other acts of man may cause significant damage to multiple pieces of equipment at a site, or render the entire site inoperable. Should this occur, and replacement cannot be funded from insurance or the general operating budget, an appropriation and special assessment may be requested by the System Manager and ordered by the Executive Committee. 7.2 User Agency is solely responsible for the compatibility of its equipment with the System, even if that equipment has been approved by the System Manager, whose approvals are not intended to and do not constitute a promise or warranty of compatibility. User Agency acknowledges that the System is proprietary technology, and that equipment by other manufacturers (and some Motorola equipment) may not be compatible. User Agency acknowledges that it has familiarized itself with the technical characteristics of the System and of the types of equipment compatible with it. 7.3 All radio units must be approved by the System Manager before they are used on or programmed for use on the System. ARTICLE VIII PROGRAMMING 8.1 Programming requires one radio template for each model of radio and each feature sets in that radio. All patches, permanent or temporary, to conventional (UHFNHF) radio channels must be approved by the System Manager before they become operational, including patches controlled by Public Safety Electronics Banks, 800 MHz Control/Desktop Stations, Mobile and Portable Radios. ARTICLE IX SYSTEM RULES OF USE 9.1 FCC RULES Eagle County holds licenses from FCC for the operation of the System. User Agency and its employees, representatives, agents and volunteers shall comply with the all terms of the license and all federal, state, local laws, and orders and regulations with respect to the User Agency's 5 6/15/2010 7 -2 -5 use of the System. 9.2 SCAN User Agency will use the Radio "SCAN" feature at its own risk. The County is not responsible for loss of radio traffic to the User's radio when using scan and roaming throughout the network. 9.3 DISABLING RADIOS It is possible for a User Agency's radio to "drag" voice traffic to a radio site, thus causing unnecessary power consumption and system loading. The System Manager reserves the right to disable a radio from one or more sites when the System Manager or Technical Operations Committee determines that a radio is having an adverse impact on the radio system. 9.4 INTERFERENCE After initial installation, should any interference result from the User Agency's operation of its equipment the County may order corrective measures which may include deactivating the equipment. Use and activities which are or may be causing the interference shall be deactivated as soon as practical but no longer than two (2) days after being notified by the System Manager. The User Agency shall be responsible and shall assume the cost of corrective measures needed to eliminate the interference to the satisfaction of the System Manager. ARTICLE X SECURITY 10.1 User Agency may not loan, issue or assign any radios on a permanent or temporary basis to any outside person(s) or organization without a written authorization by the System Manager. 10.2 No radio service software ( "RSS ") modifications can be made to the units or central electronics (CEB) consoles without the written approval of the System Manager. These modifications include the System ID number, control channels, connect tones, call alert parameters, secure parameters, emergency channels, as well as options in future RSS software releases not listed herein. User Agency will be responsible and will assume the cost of the corrective measures needed to eliminate System problems due to any unauthorized radio software modifications. ARTICLE XI MISCELLANEOUS 11.1 This Agreement shall be governed and construed in accordance with the laws of Colorado. Venue for any action arising out of any dispute pertaining to this Agreement shall be in the State of Colorado District Court in and for Eagle County, Colorado. 11.2 This Agreement, and the rights and obligations created hereby, shall be binding upon and inure to the benefit of County and User Agency. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or entity other than County or User Agency, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained. 6 6/15/2010 7 -2 -6 11.3 If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provision shall be fully severable and this Agreement shall be construed and enforced as if such invalid provision had never been inserted into this Agreement. 11.4 This Agreement may be amended, modified, changed, or terminated in whole or in part only by written agreement duly authorized and executed by both County and User Agency. This Agreement represents the full and complete understanding of County and User Agency and supersedes any prior agreements, discussions, negotiations, representations or understandings of County and User Agency with respect to the subject matter contained herein. 11.5 The parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees hereto. 11.6 All of the covenants herein contained shall be binding upon and inure to the benefits of the parties hereto, their respective successors and assigns. 7 6/15/2010 7 -2 -7 COUNTY OF EAGLE, STATE OF COLORADO, by and through its Board of County Commissioners ATTEST: By: Sara J. Fisher, Chairman Clerk to the Board TOWN OF VAIL, by and through its Town Council ATTEST: By: Dick Cleveland, Mayor Town Clerk 18 6/15/2010 7 -2 -8 Exhibit A User Agencies Cooperating Agencies Eagle County Government Basalt & Rural Fire Protection District Eagle County Health Service District Colorado Department of Transportation Eagle County School District Colorado State Patrol Eagle River Fire Protection District Federal Bureau of Investigation Eagle River Water & Sanitation District United States Forest Service Greater Eagle Fire Protection District Vail Resorts Gypsum Fire Protection District Cordillera Public Safety Rock Creek Fire Department Lone Star Security Town of Avon Valagua Metropolitan District Town of Eagle Town of Minturn Town of Vail Vail Valley Medical Center Western Eagle County Ambulance District 21 6/15/2010 7 -2 -9 Exhibit B Radio System Invoicing Formula We have instituting a tiered funding formula for the Eagle County 800MHz system beginning with the 2010 budget year. 1. Funding for the anticipated radio infrastructure maintenance cost of $408,235 will be based on the percentage of radio system usage with the system logs for each talkgroup on a weekly basis. Weekly usage percentages have been averaged for each agency talkgroup and the dispatch talkgroups which will be divided amongst the agencies who are the users of that dispatch talkgroup based upon their percentage of dispatch center use. 2. Subscriber unit (radios) maintenance will be based each year upon the current cost of the depot service contract. For 2010 the cost is $90 per radio. 3. A contingency fund may be created in later years based upon a capital assessment added to the user agency's fee. Shown as an additional percentage added to the annual fee 4. A Foundation Fee schedule based upon the user agency's inventory (See Table) ❑ 1— 5 units $500 ❑ 101 -125 units = $26,000 ❑ 6 -10 units $2,000 ❑ 126 -150 units= $34,000 ❑ 11 -25 units $4,000 ❑ 151 -175 units = $40,000 ❑ 26 -50 units $8,000 ❑ 175 -200 units = $46,000 ❑ 51 -75 units = $14,000 ❑ 201+ Units $52,000 ❑ 76 -100 units = $20,000 The user agencies inventory on January l s ` will constitute the means for Foundation Fee Calculation. Any agency adding to their inventory during the year will be pro -rated a fee based upon the remaining portion of the year multiplied by the agency's average fee per radio. Agencies will not receive a refund for reducing their inventory. 22 6/15/2010 7 -2 -10 M V VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: June 15, 2010 ITEM /TOPIC: Resolution No. 18, Series of 2010, A Resolution Approving an Intergovernmental Agreement between the Town of Vail and Eagle River Water and Sanitation District Regarding the 2010 Mill Creek Circle Utility Improvements; and Setting Forth Details in Regard Thereto. PRESENTER(S): Tom Kassmel ACTION REQUESTED OF COUNCIL: Approve, amend or deny Resolution No. 18 Series of 2010. BACKGROUND: The Town of Vail (the "Town ") and Eagle River Water and Sanitation District (the "ERWSD ") have budgeted for a joint reconstruction project along Mill Creek Circle. The project was publically bid and 5 bids were received, ranging between $1.13 and $1.30 million. Ewing Trucking and Construction was the lowest responsible bid at $1.13 million. ERWSD will be administering and entering into a contract with Ewing to complete the project. The Town of Vail will reimburse ERWSD for the Town's portions as delineated in the IGA. The project has $1.1 million budgeted, of which we expect to need $300,000 to complete the Town's portion of the work, thus providing significant savings due to cost sharing and taking advantage of excellent construction pricing. STAFF RECOMMENDATION: Approve, amend or deny Resolution No. 18 Series of 2010. ATTACHMENTS: Resolution No. 18, Series of 2010 IGA Attachment A Attachement B 6/15/2010 RESOLUTION NO. 18 Series of 2010 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND EAGLE RIVER WATER AND SANITATION DISTRICT REGARDING THE 2010 MILL CREEK CIRCLE UTILITY IMPROVEMENTS; 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; and WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; and WHEREAS, the Town wishes to make stormwater, groundwater drainage and street improvements along Mill Creek Circle; and WHEREAS, the Eagle River Water and Sanitation District (the "ERWSD ") wishes to replace its water and sewer mains along Mill Creek Circle; and WHEREAS, the Town and the ERWSD wish to enter into the Intergovernmental Agreement (the "IGA ") combining their construction efforts to achieve cost sharing and cost savings benefits, minimize disruption to the neighborhood and to allow the installation of infrastructure projects to be phased in logical sequence; and WHEREAS, the Council finds and determines that IGA is necessary and will promote the health, safety, morals, and general welfare of the Town; and WHEREAS, the Council's approval of Resolution No. 18, Series 2010, is required to enter into an IGA. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA with the ERWSD, in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. 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 15 day of June, 2010. Richard Cleveland, Town Mayor ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 18, Series 2010 6/15/2010 8 -1 -1 INTERGOVERNMENTAL AGREEMENT FOR THE 2010 MILL CREEK CIRCLE UTILITY IMPROVEMENTS THIS AGREEMENT is made and entered into this day of 2010, by EAGLE RIVER WATER AND SANITATION DISTRICT, a quasi - municipal corporation and political subdivision of the State of Colorado, ( "District ") and the TOWN OF VAIL, a political subdivision of the State of Colorado ( "Town "). Collectively these entities are also referred to as the "Parties ". RECITALS WHEREAS, Eagle River Water and Sanitation District is a water and sewer District organized and existing under the Colorado Special District Act; and WHEREAS, the District is empowered to provide water and sewer service to its customers and constituents within and without its boundaries, within Eagle County, Colorado, on such terms and conditions as the District may decide; and WHEREAS, the Town of Vail is a Colorado municipality organized and operated pursuant to its home rule charter and Colorado law; and WHEREAS, Section 18(2)(a) and (b), Article XIV of the Colorado Constitution, Section 29 -1 -203, C.R.S., and Section 32 -1 -1001, C.R.S., provide for the ability of the Parties to enter into contracts and agreements with one another to provide intergovernmental services and facilities, when so authorized by their governing bodies; and WHEREAS, the Constitution and statutes of the State of Colorado permit and encourage agreements between political subdivisions of the State, in order that the inhabitants of such political subdivisions may thereby secure high quality governmental services; and WHEREAS, it is recognized by the Parties, that the public health, safety and welfare of their inhabitants is best served by providing high quality water, sewer and storm drainage services; and WHEREAS, the District wishes to replace its water and sewer mains along Mill Creek Circle ( "Water and Sewer Main Replacement Project" or "District Project "); and WHEREAS, the Town wishes to make stormwater, groundwater drainage and street improvements along Mill Creek Circle ( "Street Improvements Project" or "Town Project "); and {00194223.DOC / 21 6/15/2010 8 -2 -1 WHEREAS, the Parties wish to combine their construction efforts to achieve cost sharing and cost savings benefits, minimize disruption to the neighborhood and to allow the installation of infrastructure projects to be phased in logical sequence. The Parties desire for the District's Water and Sewer Main Replacement Project and the Town's Street Improvements Project to be administered, constructed and installed, to the extent provided for herein, as one project (collectively, the "Project "); and WHEREAS, Holy Cross Electric wishes to make electrical infrastructure improvements along Mill Creek Circle and the District has or will enter into a Cooperative Agreement with Holy Cross Electric similar to this Agreement to further achieve cost savings and minimize disruptions to the public related to the Project; and WHEREAS, each of the Parties hereto desires to work together to authorize and accomplish the construction of the Project; and WHEREAS, each of the Parties hereto has determined it to be in the best interests of their respective taxpayers, residents, property owners, and constituents to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual performance of the covenants, agreements, and stipulations contained herein, and for other good and valuable consideration, the Parties hereto agree as follows: 1. Cooperatio The Parties agree to cooperate in the planning, design, construction, inspection, cost and expense sharing, administration and warrantee phases of the Project referenced in this Agreement and to cooperate and facilitate the combined efforts including, but not limited to the execution of any additional agreements, easements, and rights -of -way necessary to implement the purposes of this Agreement. Design Costs The District and the Town have separate agreements with Peak Land Consultants (PLC) Inc. of Vail, Colorado and Schmueser Gordon Meyer (SGM) Inc, of Glenwood Springs Colorado, respectively, for the project design work. The District agrees to pay its portion of the Project design costs to PLC per its agreement with PLC. The Town agrees to pay its portion of the Project design costs to SGM per its agreement with SGM. 3. Project Management The District will provide a construction management representative ( "District Construction Manager ") to coordinate the construction work, provide clarifications to the Contractor and review and approve proposed field changes, cost changes and time changes in a timely manner. The Town will provide a construction management representative ( "Town Construction Manager ") to coordinate execution of the Town's {00194223.DOC / 21 2 6/15/2010 8 -2 -2 portion of the Project with the District Construction Manager as required herein. With respect to communications with Project Contractor, suppliers and consultants, the Town Construction Manager shall not have authority to bind, or otherwise affect the obligations of, the District. 4. Construction Contract The District administered a competitive bid process for the construction of this Project under the title "Mill Creek Circle Water and Sewer Main Replacement Project ". The bid documents included items designed for and approved by the Town. Ewing Trucking and Construction ( "Ewing ") was the lowest responsive, responsible bidder, and the District has entered into a contract with Ewing ( "Contractor "). A copy of Ewing's bid tabulation dated June 3, 2010 is included as Attachment B. The District will coordinate and supervise the Project, and will be the Owner as defined in the construction contract. The District will coordinate the construction work, provide clarifications to the Contractor, and work with the Parties regarding any change orders or modifications to the construction contract. No work for the Town outside of the construction contract will be commenced without approval by the Town Construction Manager. 5. Construction Inspection The District Construction Manager will be responsible for construction inspection of its portion of the Project. The Town Construction Manager will be responsible for construction inspection and of its portion of the project; all communication between the Town Construction Manager and the Contractor shall be via the District Construction Manager. 6. Geotechnical Testing The District will pay for geotechnical testing costs associated with its portion of the Project. The Town will either reimburse the District for geotechnical testing associated with its portion of the Project, or contract directly with a Geotechnical testing firm. 7. Cost Sharing The District agrees to pay all costs to the Contractor for the Project. The District will invoice the Town on a monthly basis for the Town's portion of the work based on work accomplished per the Contractor's invoices and the value of the work listed in Attachment A. The Town will reimburse the District for the invoiced work within 30 days. The Town represents that it has appropriated sufficient funds to pay in full its obligations hereunder and it has adequate present cash reserves pledged irrevocably and held for payments in this and, if necessary, in any future years. 8. Change Orders Any change orders that arise during construction related to the District portion of the Project will be negotiated between the District {00194223.DOC / 21 3 6/15/2010 8 -2 -3 and the Contractor. Any change orders that arise during construction related to Town's portion of the Project will be reviewed by the District and Town Construction Manager prior to approval. Change order work will be completed by the Contractor at contracted unit costs, lump sum costs agreed to in advance, on a cost -plus basis or as otherwise set forth in the construction contract. Additionally, the Town Construction Manager will review plans and approve change orders in a timely manner. Neither the District nor its Contractor will commence any work outside of the contracted items for which it expects reimbursement from the Town without the prior approval of the Town's Construction Manager. 9. Project Meetings The District will make a good faith effort to invite a representative of the Town to meetings concerning the Project, and otherwise provide open communications throughout the Project. 10. Warranties For any work that the Town determines does not conform to the Project or Town ordinances or specifications, or needs to be completed under warranty conditions (where the applicable warranty has not been transferred to the Town), the Town shall notify the District and the District will notify the Contractor under the terms of the District's agreement with the Contractor. 11. Transfer of Warranties and Enforcement Powers District will use its best efforts to obtain, in writing, requisite warranties of at least a TWO -YEAR period from Contractor for workmanship and /or materials for facilities, infrastructure, and appurtenances constructed for the Project. The District will make its best effort to transfer warranties for the Town's portion of Project facilities, infrastructure, and appurtenances to the Town. If the District is not able to transfer warranties to the Town, the District will retain the warranties and cooperate with the Town to enforce such warranties at no cost to the District. 12. Release from Liability The Parties are affecting this undertaking to achieve mutual benefit; and, accordingly, hold each other harmless pursuant to Section 25 from all but gross negligence in executing the terms of this Agreement and completing the Project. The Parties agree to utilize their best efforts in performing all terms of this Agreement. 13. Enforcement The Parties agree that this Agreement may be enforced in law or in equity for specific performance, injunctive, or other appropriate relief, including damages, as may be available according to the laws and {00194223.Doc 21 4 6/15/2010 8 -2 -4 statutes of the State of Colorado. It is specifically understood that by executing this Agreement each Party commits itself to perform pursuant to the terms contained herein, and that any breach hereof which results in any recoverable damages shall not cause the termination of any obligations created by this Agreement unless such termination is declared by the Party not in breach hereof. 14. Governing This Agreement shall be governed and construed in accordance with the laws of the State of Colorado. 15. Venue Venue for the trial of any action arising out of any dispute hereunder shall be in the District Court for Eagle County, State of Colorado, pursuant to the appropriate rules of civil procedures. 16. Cations The headings and sections and paragraphs are included only for convenience and reference. If any conflict between any heading and the text of this Agreement exists, the text shall control. 17. Binding Agreement upon Successors and Assigns This Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. 18. Interested Persons Nothing herein expressed or implied is intended or should be construed to confer or give to any person or corporation or governmental entity other than the District and the Town, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained, nor limit in any ways the powers and responsibilities of the Town, the District, or any other entity not a party hereto. 19. Notices All notices, requests, demands, consents and other communications hereunder shall be transmitted in writing and shall be deemed to have been duly given when hand- delivered or sent by certified, United States mail, postage prepaid, with return receipt requested, addressed to the parties as follows: Stan Zemler, Town Manager Town of Vail 75 South Frontage Road Vail, Colorado 81657 With a Copy to: {00194223.DOC / 21 5 6/15/2010 8 -2 -5 Matt Mire, Town Attorney Town of Vail 75 South Frontage Road Vail, Colorado 81657 Eagle River Water and Sanitation District Dennis Gelvin, General Manager 846 Forest Road Vail, Colorado 81657 With a Copy to: James P. Collins, Esq. Collins Cockrel & Cole 390 Union Boulevard, Suite 400 Denver, Colorado 80228 -1556 Either party may change the address at which it receives written notice, by notifying the other party in writing in the manner provided herein. 20. Severability If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to either Party or as to both Parties, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provisions shall be fully severable and this Agreement shall be construed and enforced as if such invalid provisions had never been inserted into this Agreement. 21. Waiver The waiver of any breach of any of the provisions of this Agreement, by any party, shall not constitute a continuing waiver of any subsequent breach by that party, either of the same, or of another provision of this Agreement. 22. Amendment This Agreement may be amended, modified, changed, or terminated in whole or in part only by written agreement duly authorized and executed by the Parties hereto. 23. Duplicate Originals This Agreement may be executed in counterparts, each of which shall be an original, but all of which together, shall constitute one and the same agreement. {00194223.DOC / 21 6 6/15/2010 8 -2 -6 24. Separate Entity Status In no event shall either party, its employees or its representatives, be considered or authorized to act as employees or agents of the other party. 25. Indemnification Each party, to the extent permitted by law and subject to all of the immunities, defenses and protections afforded to that party by the Colorado Governmental Immunity Act, shall indemnify and hold harmless, the other party, its officers, directors, employees and agents from and against any claims including attorneys fees, arising out of the negligence of the officers, employees or agents of the indemnifying party and rising out of the performance of services under this Agreement. 26. Force Majeure. No party shall be liable for any failure to perform as required by this Agreement to the extent such failure to perform is caused by any reason beyond the control of that party or by reason of any of the following occurrences, whether or not caused by such party: strikes, labor disturbances or labor disputes of any character, accidents, riots, civil disorders or commotions, war, acts of aggression, floods, earthquakes, acts of God, explosion or similar occurrences; provided, such party shall exercise its best efforts to provide the best possible alternative performance and to prevent the foregoing occurrence from obstructing full performance. Such occurrences shall not terminate this Agreement and shall not affect this Agreement except as provided in this Section. 27. Entire Agreement of the Parties. This Agreement represents the full and complete understanding of Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of Parties with respect to the subject matter contained herein. {00194223.DOC 121 7 6/15/2010 8 -2 -7 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be effective as of the date and year first above written. EAGLE RIVER WATER AND SANITATION DISTRICT By: Dennis Gelvin, General Manager Attest: TOWN OF VAIL By: Stan Zemler, Town Manager Attest: Lorelei Donaldson, Town Clerk APPROVED AS TO FORM Matt Mire, Town Attorney {00194223.DOC / 21 8 6/15/2010 8 -2 -8 ATTACHMENT A (COST SHARING BREAKDOWN) {00194223.DOC / 21 6/15/2010 8 -2 -9 ATTACHMENT B (EWING BASE BID SCHEDULE DATED JUNE 3, 2010) {00194223.DOC / 21 6/15/2010 8 -2 -10 Attachment A: Mill Creek Circle Utility Improvements Cost Sharing between Eagle River Water and Sanitation District and the Town of Vail The Town agrees to pay for the following costs associated with its portion of the Project based on the Bid Tab' and agreed upon percentages listed below. The Town agrees to pay for the following costs associated with its portion of the Project based on field measured quantities, Bid Tab unit prices' and actual costs. ' For Bid Items and Unit Prices refer to Attachment B 6/15/2010 8 -3 -1 ITEM DESCRIPTION OF ITEM 1 UNIT APPROX. UNIT TOUL NO. UNIT COST IN WORDS QUANTITY COST COST 1 8" Ductile Iron Pipe (DIP) Sixty Eight Dollars and No Cents per linear foot (unit cost in words) LF 1,560 $ 68.00 $ 106,080.00 numerals numerals 2 10" Ductile Iron Pipe (DIP) One Hundred Fifty Dollars and No Cents per linear foot (unit cost in words) LF 9 $ 150.00 $ 1,350.00 numerals numerals 3 12" Ductile Iron Pipe (DIP) Three Hundred Three Dollars and No Cents per linear foot (unit cost in words) LF 3 $ 303.00 $ 909.00 numerals numerals 4 8" Gate Valve (GV) One Thousand Four Hundred Seventeen Dollars and No Cents per each (unit cost in words) EA 8 $ 1,417.00 $ 1 1,336.00 numerals numerals 5 10" Gate Valve (G V) One Thousand Nine Hundred Seventy Dollars and No Ce nt s per each (unit cost in words) EA 2 $ 1,970.00 $ 3,940.00 numerals numerals 6 Insulation Sixteen Dollars and No Cents per linear foot (unit cost in words) LF 45 $ 16.00 $ 720.00 numerals numerals 7 Water Service Connection with New Curb Stop Four Thousand Seventy Four Dollars and Twenty Cents per each (unit cost in words) EA 20 $ 4,074.20 $ 81,484.00 numerals numerals 8 Mountain Fire Hydrant Assembly Five Thousand Six Hundred Dollars and No Cents per each (unit cost in words) EA 3 $ 5,600.00 $ 16,800.00 numerals numerals 00300 -2 6/15/2010 V 8 -4 -1 ITEM DESCRIPTION OF ITEM / UNIT APPROX. UNIT TOTAL NO. UNIT COST IN WORDS QUANTITY COST COST 9 Combination Air Valve Vac and Manhole Six Thousand Dollars and No Cents per each (unit cost in words) EA 2 $ 6,000.00 S 12,000.00 numerals numerals 10 Install Eclipse No. 88 Sampling Station Three Thousand Five Hundred Dollars and No Cents per each (unit cost in words) EA I S 3,500.00 S 3,500.00 numerals numerals I I Connection to Existing Water System Seven Thousand Four Hundred Forty Five Dollars and No Cents per each (unit cost in words) EA 3 S 7,445.00 $ 22,335.00 numerals numerals 12 Remove. Dispose or Abandon in Place Existing Water Mains, Valve Boxes and Fire Hydrants Three Thousand Five Hundred Dollars and No Cents per lump sum (unit cost in words) LS I S 3,500.00 $ 3,500.00 numerals numerals 13 8" C900 Sewer Main Fifty Nine Dollars and No Cents per linear foot (unit cost in words) LF 1,395 $ 59.00 $ 82,305.00 numerals numerals 14 4' Diameter Sewer Manholes Two Thousand Eight Hundred Fifty Dollars and No C en ts per each (unit cost in words) EA 12 S 2,850.00 $ 34,200.00 numerals numerals 15 Reconnect 8" C900 to Existing 8" Clay Pipe Two Thousand Nine Hundred Three Dollars and No Cents per each (unit cost in words) EA 2 S 2,903.00 $ 5,806.00 numerals numerals 16 Sanitary Sewer Service Installation Three Thousand Two Hundred Thirty Seven Dollars and No Cents per each (unit cost in words) EA 18 $ 3,237.00 S 58,266.00 numerals numerals 00300 -3 6/1 5/2010 8 -4 -2 ITEM DESCRIPTION OF ITEM / UNIT APPROX. UNIT TOTAL NO. UNIT COST IN WORDS QUANTITY COST COST 17 Pothole Sanitary Sewer Service 315 MCC Five Hundred Eighty Seven Dollars and No Cents per lump sum (unit cost in words) LS 1 $ 587.00 $ 587.00 numerals numerals 18 Sewage Bypass Pumping, Three Hundred Eighty Dollars and No Cents per day (unit cost in words) DAY 30 $ 380.00 $ 11,400.00 numerals numerals 19 Construction Dewatering Two Hundred Forty Five Dollars and No Cents per day (unit cost in words) DAY 30 $ 245.00 $ 7,350.00 numerals numerals 20 Remove /Dispose or Abandon in Place Existing, Sewer Mains and Manholes Four Thousand Three Hundred Seventy Eight Dollars an N o Cents per lump sum (unit cost in words) LS 1 $ 4,378.00 $ 4,378.00 numerals numerals 21 Offsite Hauling and Disposal of Unsuitable or Excess Material from the Trench Fifteen Dollars and Ninety Cents per cubic yard (unit cost in words) CY 4,909 $ 15.90 $ 78,053.10 numerals numerals 22 Suitable Backfill Material Import Thirty Dollars and Ten Cents per cubic yard (unit cost in words) CY 3,454 $ 30.10 $ 103,965.40 numerals numerals 23 Flowfill as Backfill One Hundred Twenty Dollars and Fifty Cents per cubic yard (unit cost in words) CY 40 $ 120.50 $ 4,820.00 numerals numerals 00300 -4 6/15/2010 8 -4 -3 ITEM DESCRIPTION OF ITEM / UNIT APPROX. UNIT TOTAL NO. UNIT COST IN WORDS QUANTITY COST COST 24 Infrared Seam Twenty Five Dollars and Thirty Cents per linear foot (unit cost in words) LF 34 $ 25.30 $ 860.20 numerals numerals 25 Remove and Replace Stone Walkway Twenty One Dollars and Eighty Cents per square foot (unit cost in words) SF 40 $ 21.80 $ 872.00 numerals numerals 26 Remove and Replace Concrete Crosswalk Two Thousand Four Hundred Sixty Five Dollars and No Cents per lump sum (unit cost in words) LS 1 $ 2,465.00 $ 2,465.00 numerals numerals 27 Mobilization and Demobilization Twenty Eight Thousand Seven Hundred Seventy D and N Ce nts per lump sum (unit cost in words) LS 1 $ 28,770.00 $ 28,770.00 numerals numerals 28 Traffic Control Sixteen Thousand Dollars and No Cents per lump sum (unit cost in words) LS I $ 16,000.00 $ 16,000.00 numerals numerals 29 Erosion Control One Thousand Nine Hundred Twenty Five Dollars and No Cents per lump sum (unit cost in words) LS 1 $ 1,925.00 $ 1,925.00 numerals numerals 30 Construction Surveying - Water, Sewer and Electric Four Thousand Nine Hundred Seventy Five Dollars a n d N o Cents per lump sum (unit cost in words) LS 1 $ 4,975.00 $ 4,975.00 numerals numerals 1 Roadway Bituminous Pavement Ninety Three Dollars and Fifty Cents per ton (unit cost in words) TON 656 $ 93.50 $ 61,336.00 numerals numerals 00300 -5 �J 6/15/2010 1 8 -4 -4 ITEM DESCRIPTION OF ITEM I UNIT APPROX. UNIT TOTAL NO. UNIT COST IN WORDS QUANTITY COST COST 32 Driveway Bituminous Pavement (3" depth) One Hundred Two Dollars and Thirty Cents per ton (unit cost in words) TON 50 $ 102.30 $ 5,115.00 numerals numerals 33 Roadway Class 6 Aggregate Base Course (mixture of existing, millings, and imported material) Twenty Seven Dollars and No Cents per ton (unit cost in words) "CON 1,436 $ 27.00 $ 38,772.00 numerals numerals 4 Driveway Class 6 Aggregate Base Course (6" depth) Twenty Seven Dollars and No Cents per ton (unit cost in words) TON 10 $ 27.00 $ 4,536.00 numerals numerals 35 Unclassified Excavation Three Thousand Three Hundred Dollars and No Cents per lump sum (unit cost in words) LS l $ 3,300.00 $ 3,300.00 numerals numerals 36 Mill Existing Asphalt Mat Five Dollars and Ninety Four Cents per square yard (unit cost in words) SY 3,916 $ 5.94 $ 23,261.04 numerals numerals 37 Remove Existing Asphalt Mat Three Dollars and Forty Cents per square yard (unit cost in words) SY 294 $ 3.40 $ 999.60 numerals numerals 38 Remove Existing Concrete One Dollar and Twenty Cents per square foot (unit cost in words) SF 489 $ 1.20 $ 586.80 numerals numerals 00300 -6 6/15/2010 8 -4 -5 ITEM DESCRIPTION OF ITEM I UNIT APPROX. UNIT TOTAL NO. UNIT COST IN WORDS QUANTITY COST COST 39 6" Concrete Flatwork Seven Dollars and Eighty Two Cents per square foot (unit cost in words) SF 455 $ 7.82 $ 3,558.10 numerals numerals 40 Remove and Replace Heated Pavers Sixteen Dollars and Fifty Two Cents per square foot (unit cost in words) SF 57 $ 16.52 $ 941.64 numerals numerals 41 Seeding Eight Thousand Seven Hundred Twelve Dollars and N o Cen per acre (unit cost in words) ACRE 1 $ 8,712.00 $ 8,712.00 numerals numerals 42 Sod Two Dollars and Fifteen Cents per square foot (unit cost in words) SF 5,370 $ 2.15 $ 11,545.50 numerals numerals 43 Irrigation Nine Dollars and Ten Cents per linear feet (unit cost in words) LF 200 $ 9.10 $ 1,820.00 numerals numerals TOWN OF VAIL (TOV) ITEMS: For the purposes of appropriate billing, ERWSD requests a separate bid value for the items associated with any and all work due to the TOV roadway reconstruction and storm drainage installation. These values below SHOULD NOT already be included in similar bid items for sewer water line work. TOV will review the bid values for the items listed below to determine if they will proceed with the contract. ERWSD reserves the right to remove the TOV bid items from the contract. 44 Roadway Subgrade Stabilization Thirty Two Dollars and No Cents per square yard (unit cost in words) SY 600 $ 32.00 $ 19,200.00 numerals numerals 00300 -7 . 6/15/2010 8 -4 -6 ITEM DESCRIPTION OF ITEM / UNIT APPROX. UNIT TOTAL NO. UNIT COST IN WORDS QUANTITY COST COST 45 Remove Existing Streetlight Three Hundred Dollars and No Cents per each (unit cost in words) EA 2 $ 300.00 $ 600.00 numerals numerals A6 Remove Existing Culvert Fifteen Dollars and No Cents per linear foot (unit cost in words) LF 136 $ 15.00 $ 2,040.00 numerals numerals 47 Remove Existing Rock Shoulder Four Dollars and No Cents per linear foot (unit cost in words) LF 760 $ 4.00 $ 1,440.00 numerals numerals 48 Reset Existing Traffic & Street Signs One Hundred Fifty Dollars and No Cents per each (unit cost in words) EA 4 $ 150.00 $ 600.00 numerals numerals 49 Clean Culvert Five Hundred Twenty Five Dollars and No Cents per each (unit cost in words) EA 1 $ 525.00 $ 525.00 numerals numerals 50 Install Village Streetlight Three Thousand Seven Hundred Dollars and No Cents per each (unit cost in words) EA $ 3,700.00 $ 7,400.00 numerals numerals 51 New 2' Concrete Valley Pan Seventeen Dollars and Twenty Five Cents per linear foot (unit cost in words) LF 1,443 $ 17.25 $ 24,891.75 numerals numerals 00300 -8 6/15/2010 8 -4 -7 ITEM DESCRIPTION OF ITEM I UNIT APPROX. UNIT TOTAL NO. UNIT COST IN WORDS QUANTITY COST COST 52 New Valley Inlet Two Thousand One Hundred Seventy One Dollars and No Cents per each (unit cost in words) EA 3 $ 2,171.00 $ 6,513.00 numerals numerals 53 18" RCP Culvert Fifty Nine Dollars and Eighty Cents per linear foot (unit cost in words) LF 23 $ 59.80 $ 1,375.40 numerals numerals 54 54" x 88" RCP Arch Culvert Seven Hundred Seventy Dollars and No Cents per linear foot (unit cost in words) LF 94 $ 770.00 $ 72,380.00 numerals numerals 55 54" x 88" RCP Arch Flared End Section Three Thousand Eight Hundred Seventy One Dollars and No Cents per each (unit cost in words) EA 4 $ 3,871.00 $ 15,484.00 numerals numerals 56 Riprap One Hundred Dollars and No Cents per cubic yard (unit cost in words) CY 36 $ 100.00 $ 3,600.00 numerals numerals 57 Ditch Thirty Five Dollars and No Cents per linear foot (unit cost in words) LF 178 $ 35.00 $ 6,230.00 numerals numerals 58 Pothole Utilities One Hundred Thirty Dollars and No Cents per hour (unit cost in words) HR 10 $ 130.00 $ 1,300.00 numerals numerals 59 Install 2" Electrical Conduit, Schedule 80 PVC Fourteen Dollars and No Cents per linear foot (unit cost in words) LF 200 $ 14.00 $ 2,800.00 numerals numerals 00300 -9 6/15/2010 8 -4 -8 ITEM DESCRIPTION OF ITEM / UNIT APPROX. UNIT TOTAL NO. UNIT COST IN WORDS QUANTITY COST COST 60 Construction of Boulder Wing Walls Ten Dollars and No Cents per square foot (unit cost in words) SF 800 $ 10.00 $ 8,000.00 numerals numerals 61 Gas Line Relocation Seventeen Dollars and Ten Cents per linear foot (unit cost in words) LF 100 $ 17.10 $ 1,710.00 numerals numerals 62 Telephone Line Relocation Fifteen Dollars and Eighty Cents per linear foot (unit cost in words) LF 100 $ 15.80 $ 1,580.00 numerals numerals 63 Cable TV Line Relocation Fourteen Dollars and Sixty Five Cents per linear foot (unit cost in words) LF 100 $ 14.65 $ 1,465.00 numerals numerals 64 Electric Line Relocation Eighteen Dollars and Twenty Five Cents per linear foot (unit cost in words) LF 100 $ 18.25 $ 1,825.00 numerals numerals 65 Tree Protection Seven Hundred Eighty Seven Dollars and No Cents per lump sum (unit cost in words) LS 1 $ 787.00 $ 787.00 numerals numerals 00300 -1 V 6/15/2010 8 -4 -9 ITEM DESCRIPTION OF ITEM / UNIT APPROX. UNIT TOTAL NO. UNIT COST IN WORDS QUANTITY COST COST HOLY CROSS ENERGY (HCE) ITEMS: For the purposes of appropriate billing, ERWSD requests the separate bid value for the below items associated with any and all work due to HCE's conduit, vault and pedestal installation. These values below SHOULD NOT already be included in similar bid items for water /sewer work. HCE will review the bid values for the items listed below to determine if they will proceed with the contract. ERWSD reserves the right to remove HCE bid items from the contract. 66 Conduit Trenching Seventeen Dollars and Thirty Cents per linear foot (unit cost in words) LF 2,291 $ 17.30 $ 39,634.30 numerals numerals 67 6" PVC Conduit Three Dollars and Seventy Cents per linear foot (unit cost in words) LF 925 $ 3.70 $ 3,422.50 numerals numerals 68 4" PVC Conduit Two Dollars and Ten Cents per linear foot (unit cost in words) LF 4,154 $ 2.10 $ 8,723.40 numerals numerals 69 Concrete Vaults One Thousand Eight Hundred Dollars and No Cents per each (unit cost in words) EA 5 $ 1,800.00 $ 9,000.00 numerals numerals 70 Secondary Pedestals Nine Hundred Dollars and No Cents per each (unit cost in words) EA 8 $ 900.00 $ 7,200.00 numerals numerals 71 4" PVC Conduit, Hand -Dig, 2' BURY Five Thousand Nine Hundred Fifteen Dollars and No Cent per lump sum (unit cost in words) LS 1 $ 5,915.00 $ 5,915.00 numerals numerals TOTAL $ 1,139,076.73 00300 -11 �• 6/15/2010 � 8 -4 -10