HomeMy WebLinkAbout2010-08-03 Agenda and Support Documentation Town Council Work Session VAIL TOWN COUNCIL
WORK SESSION AGENDA +`
T (TF Via'
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
1:30 P.M., AUGUST 3, 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.
Public comments on work session item may be solicited by the Town
Council.
1. ITEM /TOPIC: PEC /DRB Update. (15 min.)
PRESENTER(S): Warren Campbell
2. ITEM /TOPIC: Discussion of budget guidelines which will be used
in developing the town's 2011 operating budget. (15 min.)
PRESENTER(S): Kathleen Halloran
ACTION REQUESTED OF COUNCIL: Provide feedback regarding these
guidelines.
BACKGROUND: Town Council requested a brief overview of the detailed budget
parameters prior to the annual budget presentation, currently scheduled for
September 21 st.
STAFF RECOMMENDATION: Review attached budget guidelines and provide
staff with feedback and direction.
3.
ITEM /TOPIC: A presentation of rockfall mitigation options to allow for the
redevelopment of the eastern portion of Timber Ridge Village Apartments.
(30 min.)
PRESENTER(S): Greg Hall
ACTION REQUESTED OF COUNCIL: The Vail Town Council is being asked to
select two options for further evaluation and study. Following Town Council
direction the town staff and applicant will more thoroughly evaulate the options for
possible implementation.
BACKGROUND: Pursuant to the Official Hazard Map of the Town of Vail adopted
by the Vail Town Council, The Timber Ridge redevelopment site is located within a
high severity rockfall hazard zone. In accordance with Chapter 21, Hazard
Regulations, the applicant is required to demonstrate the ability to mitigate the
identified geologic hazard. Six options for mitigation have been identiified. Please
refer to the staff memorandum dated August 3, 2010 for more detailed information.
8/3/2010
STAFF RECOMMENDATION: Staff recommends that the Vail Town Council
instructs staff and Vail Timber Ridge LLC to pursue further evaluation and study of
Option #4 and Option #7. At this time, staff projects that the cost of said work to
be approximately $7,500 - $10,000 and roughly 45 days to complete.
4. ITEM /TOPIC: Information Update.
Attachment Only:
a. Community Garden Update
b. Bald Mountain Underpass Repairs Update
c. EHU Master Deed Restriction
(10 min.)
PRESENTER(S): Pam Brandmeyer
5. ITEM /TOPIC: Matters From Mayor & Council. (20 min.)
PRESENTER(S): Town Council
6. ITEM /TOPIC: Executive Session, pursuant to: 1) C. R. S. §24- 6- 402(4)(a)(b)
(e) - to discuss the purchase, acquisition, lease, transfer, or sale of property
interests; to receive legal advice on specific legal questions; and to
determine positions, develop a strategy and instruct negotiators, Regarding:
Discussion concerning negotiations regarding Timber Ridge
Redevelopment Agreement and Skier Drop Off. (60 min.)
PRESENTER(S): Matt Mire
7.
ITEM /TOPIC: Adjournment. (4:00 p.m.)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL
BEGIN AT TBD, TUESDAY, AUGUST 17, IN THE VAIL TOWN COUNCIL
CHAMBERS.
FUTURE AGENDA ITEMS:
Village Wi -Fi Follow up - August 17
Ever Vail Service Plan -August 17
Ever Vail Fiscal /economic plan - August 17
VRA Bonding - August 17
8/3/2010
Conference Center Funds Reallocation Update - September 7
Parking Policy Zoning Regulations - September 7
Building Code Amendments - September 7
Sustainable Zoning Code - September 7
Parking Strategic Plan - September 7
EverVail Economic Study - September 7
Four Seasons Concierge - September 7
Five Year Capital and RETT Discussion - September 7
VLMD Operating Budget - September 21
Commercial Ski Storage - September 21
Energy Audit Upgrades - November
8/3/2010
'OWN OF VAM .
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: August 3, 2010
ITEM /TOPIC: PEC /DRB Update.
PRESENTER(S): Warren Campbell
8/3/2010
T VAIL
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: August 3, 2010
ITEM /TOPIC: Discussion of budget guidelines which will be used in developing the town's
2011 operating budget.
PRESENTER(S): Kathleen Halloran
ACTION REQUESTED OF COUNCIL: Provide feedback regarding these guidelines.
BACKGROUND: Town Council requested a brief overview of the detailed budget parameters
prior to the annual budget presentation, currently scheduled for September 21 st.
STAFF RECOMMENDATION: Review attached budget guidelines and provide staff with
feedback and direction.
ATTACHMENTS:
Budget Parameters
8/3/2010
MEMORAI DUM
TO: Vail Town Council
FROM: Stan Zemler
DATE: July 29, 2010
SUBJECT: Budget Parameters
The purpose of this memo is to provide Council with the key components of the upcoming
budget. Please provide feedback regarding these items:
Revenue
Council reviewed detailed assumptions for projected 2011 town revenues on July 20th. The
following are highlights from that discussion:
• Total annual revenue for 2011 is projected to be a 10% reduction from forecasted 2010
revenue. A majority of this decrease is due to federal grants planned for 2010 that do
not extend into 2011 ($5M for a transit center, for example). Without the impact of
these grants, total revenue is projected at a 3% reduction from the 2010 amended
budget and a 1.1% increase from 2009.
• Sales tax is projected flat with 2009 collections.
• Real Estate Transfer Tax is projected at a 9% increase from 2010, due to limited sales
of major redevelopment projects.
• Parking revenue is projected flat with 2009 and 2010.
• Property Tax revenue is projected flat with 2010 budget.
Expenditures
The following directives were given to department heads for preparing their operating budgets:
• I o increases to headcount from the 2010 budget.
• I o merit /salary increase will be budgeted, however if January -April sales tax results
reach 5% over the 2010 budget (for that time period), and year -to -date expenditures are
within budget, we will propose a performance -based pool of approximately 3% of
salaries to be distributed to eligible employees as a one -time lump sum payment, which
will not become a part of base salaries.
• 3% decrease in operating expenditures for every department.
There are still a few "unknowns" that we are currently researching, such as the potential impact
of recent healthcare legislation (we do not expect a significant impact in 2011) and upcoming
events such as Vail's 50 anniversary and the 2015 World Championships.
Overall, we will operate within annual revenue streams and do not plan to use any reserve
funds in 2011 for operations.
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'OWN OF VAM .
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: August 3, 2010
ITEM /TOPIC: A presentation of rockfall mitigation options to allow for the redevelopment of
the eastern portion of Timber Ridge Village Apartments.
PRESENTER(S): Greg Hall
ACTION REQUESTED OF COUNCIL: The Vail Town Council is being asked to select two
options for further evaluation and study. Following Town Council direction the town staff and
applicant will more thoroughly evaulate the options for possible implementation.
BACKGROUND: Pursuant to the Official Hazard Map of the Town of Vail adopted by the Vail
Town Council, The Timber Ridge redevelopment site is located within a high severity rockfall
hazard zone. In accordance with Chapter 21, Hazard Regulations, the applicant is required to
demonstrate the ability to mitigate the identified geologic hazard. Six options for mitigation
have been identiified. Please refer to the staff memorandum dated August 3, 2010 for more
detailed information.
STAFF RECOMMENDATION: Staff recommends that the Vail Town Council instructs staff
and Vail Timber Ridge LLC to pursue further evaluation and study of Option #4 and Option
#7. At this time, staff projects that the cost of said work to be approximately $7,500 - $10,000
and roughly 45 days to complete.
ATTACHMENTS:
Town Council Memorandum
Timber Ridge Attachments
8/3/2010
MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
Public Works Department
DATE: August 3, 2010
SUBJECT: Timber Ridge Redevelopment Update and Geologic Hazard Mitigation
Update
Significant progress has been made since the last formal update to the Town Council on
April 6, 2010, on the review of the development applications associated with the
redevelopment of Timber Ridge Village Apartments. The applicant, Vail Timber Ridge
LLC has appeared before the Town of Vail Design Review Board at four public meetings
to receive conceptual review of the proposed plans. To date, the applicant has been
responding favorably to the input and comments shared by the Board. At this time, the
applicant is scheduled for a final review of the design review application by the Town of
Vail Design Review Board on Wednesday, August 4 th
The Town staff and the applicant have also been evaluating additional options for the
mitigation of the geologic hazards directly affecting the site. In addition to the four
previously explored mitigation options, three alternate options have been developed and
evaluated. All together, a total of seven options have been studied. One option has
been eliminated as it is generally impractical to implement.
Action Requested of Town Council
The Town staff is requesting direction from the Vail Town Council on which two rockfall
mitigation options should be further evaluated for possible implementation. Pursuant to
the pre - development agreement with Vail Timber Ridge LLC, the Town of Vail and Vail
Timber Ridge LLC are obligated to cost share (50/50) the evaluation and subsequent
design of the rockfall mitigation improvements. The Town of Vail is obligated to pay for
the cost of constructing the improvements.
Following the staff presentation, the Town Council is being asked to select two options
for further evaluation and study. Based upon the Town Council's direction staff will work
cooperatively with the applicant to assemble more detailed design drawings and
construction cost estimates.
Background
Pursuant to the Official Hazard Map of the Town of Vail adopted by the Vail Town
Council, the Timber Ridge redevelopment site is located within a high severity rockfall
hazard zone. A site specific geologic hazard report prepared by HP Geotech reaffirms
this designation and has concluded that the site can be developed provided mitigation
can be accomplished to reduce the danger to the public health and safety and to protect
the inhabitants of the Town from the hazard. The Town of Vail may not exempt itself
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from the adopted hazard regulations without first adopting amendments to the Zoning
Regulations.
Purpose
The purpose of this memorandum is to generally describe each of the options and
provide a list of pros and cons associated with each. In the end, the staff and applicant
are requesting design direction from the Town Council on which option(s) to pursue.
Pursuant to the Zoning Regulations of the Town of Vail, a final review can not be heard
until a final geologic hazard mitigation plan is submitted and approved in accordance
with Chapter 21 of the Zoning Regulations.
Next Steps
Pursuant to the conditions of approval, the Developer is scheduled to appear before the
Town of Vail Planning & Environmental Commission on Monday, August 23rd to present
a revised landscape plan and site plan. Among other obligations, the revised site plan
must include the proposed geologic hazard mitigation measures proposed for the
project.
Geologic Hazard Mitigation Options
According to the Official Town of Vail Geologic Hazards Map, the Timber Ridge
redevelopment site is located with a high severity rockfall hazard zone. The findings of a
site specific geologic hazards study (HP Geotech, 2009) concluded that future rockfall is
likely infrequent but has the potential to present a significant risk to the proposed
redevelopment. With this in mind, a number of conceptual rockfall mitigation options
were proposed. The Colorado Rockfall Simulation Program was used to evaluate the
rockfall dynamics for each of the mitigation options.
Staff has reviewed six possible options for rockfall mitigation for the proposed
redevelopment. The options include wire rope net barriers, a mechanically stabilized
earth (MSE) barrier and outcrop stabilization. In addition to the differing types of
mitigation, a number of different locations were considered. The locations include high
up on the hillside immediately adjacent to the rock outcrop, midway down the slope,
along the top of the existing road cut and along the north or south edges of Lions Ridge
Loop. All options are viable and could be constructed to achieve a 90% or 98% level of
probability. All options require the construction of 900 — 1,000 feet of rockfall mitigation
and the creation of an access and maintenance easement. The estimated cost of each
option assumes a 90% confidence level of protection probability.
Option 1: SEE ° wrier (option disregarded due to impracticalities)
Option 2: Wire Rope Net Barrier on the Property
The wire rope net barrier requires a retained fill bench to be constructed wide enough to
accommodate the barrier. Construction access is off of Lions Ridge Loop. The barrier is
approximately 15 feet tall in height. Estimated Cost — $1,490,000
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8/3/2010
3 -I -2
Pros
• Mitigation is located on the development site
• Largely screened from view by the buildings
• Does not require permission from adjoining property owners to construct
• Can be screened visually with landscaping
• Ease of access and maintenance
Cons
• Requires construction of a costly down slope retaining wall
• Affects on site snow removal operations
• Requires changes to on site retaining wall system design
• Does not protect the road
• Least cost effective option
Option 3: Wire Rope Net Barrier at the Rock Outcrop
The wire rope net barrier would be constructed along the base of the rock outcrop up on
the hillside. A temporary access trail /road or helicopter would provide access to the
barrier location for construction. The barrier is approximately 10 feet tall in height.
Estimated Cost — $600,000 - $650,000
Pros
• Requires a 50% shorter net barrier height when compared to other options
• Protects the road and the Timber Ridge residents
Cons
• Requires the mitigation to be constructed on Town of Vail Open Space
• Requires permission from adjoining property owners to construct
• Greater negative visual impacts
• Costly construction access via helicopter or foot paths
• Site disturbance caused by temporary access road /trail
Option 4: Wire Rope Net Barrier above Lions Ridge Loop
The wire rope net barrier would be constructed along the top of the road cut of Lions
Ridge Loop. Construction would require crane access from Lions Ridge Loop. The
barrier is approximately 11 feet tall in height. Estimated Cost — $400,000 - $430,000
Pros
• Protects the road and the Timber Ridge residents
• Ease of access and maintenance
• Results in a lower net height
• Most cost effective option
• Maintains two way traffic on Lions Ridge Loop
Cons
• Requires permission from adjacent property owners to construct
• More difficult to screen from view with landscaping
• Greater negative visual impacts
• Requires mitigation to be constructed on Town of Vail Open Space
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Option 5: Outcrop Stabilization
The anchored outcrop stabilization (hair net) will be achieved by pinning a flexible steel
mesh on the outcrops with grouted rock bolts. A temporary access trail /road or
helicopter would provide access to the barrier location for construction. The outcrop
stabilization would be approximately 113,220 square feet or 2.6 acres in size. Estimated
Cost — $640,000 - $690,000
Pros
• Mitigates the hazard directly at the source
• Very low maintenance once constructed
• Could be visually screened with native landscaping
Cons
• Requires the mitigation to be constructed on Town of Vail Open Space
• Requires permission from adjoining property owners to construct
• Costly construction access via helicopter or foot paths
• Site disturbance caused by temporary access road /trail
Option 6: Wire Rope Net Barrier above a New Wall along Lions Ridge Loop
The wire rope net barrier would be constructed atop a retained fill bench located on the
north side of Lions Ridge. Lions Ridge Loop would shift about six feet to the south.
Construction access is off of Lions Ridge Loop. The barrier is approximately 11 feet tall
in height. Estimated Cost — $810,000 - $890,000
Pros
• Does not require permission from adjoining property owner to construct
• Protects the road and the Timber Ridge residents
• Ease of access and maintenance
Cons
• May impact existing traffic patterns in the area
• Requires the relocation of existing utility lines
• A more costly option given the road relocation required
Option 7: Wire Rope Net Barrier on Property with Relocated Lions Ridge Loop
The wire rope net barrier would be constructed atop a retained fill bench located along
the southerly edge of Lions Ridge Loop. Lions Ridge Loop would be slightly realigned to
the north ( +/ -10 feet) to accommodate the fill bench. The barrier is approximately 20 feet
tall in height. Construction access is off of Lions Ridge Loop. Estimated Cost —
$596, 000 - $656,000
Pros
• Maintains two way traffic on Lions Ridge Loop
• Does not require the relocation of existing utility lines
• Can be screened visually with landscaping
• Ease of access and maintenance
• Largely screened from view by the buildings
• Mitigation takes place adjacent to the development
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3 -1 -4
Cons
• Requires the mitigation to be constructed on Town of Vail right -of -way
• Greater negative visual impacts due to higher fence height
• Requires road to be relocated
Staff Recommendation
The Town staff is recommending that the Vail Town Council instructs the staff and Vail
Timber Ridge LLC to pursue further evaluation and study of Option # 4 and Option #7.
Staff's recommendation is based upon our review and understanding of:
1) the applicable Zoning Regulations,
2) the engineering involved in constructing the mitigation improvements,
3) the pros and cons associated with each of the options,
4) the estimated cost of the improvements, and
5) the practical realities associated with each of the options.
For instance, both Option #4 and Option #7 can be constructed with little, if any, negative
impacts to the surrounding area. Construction access and future maintenance can be
provided via Lions Ridge Loop. Each of the Options allows for the visual impacts
associated with the rockfall mitigation to be screened with landscaping. In both
instances access and availability of water for irrigation and maintenance is easily
accommodated. Unlike other options, it is likely that a significant portion of the future
buildings will screen the view of mitigation improvements. Neither Option requires the
relocation of public utilities.
Staff recommends that the Vail Town Council instructs staff and Vail Timber Ridge LLC
to pursue further evaluation and study of Option #4 and Option #7. At this time, staff
projects that the cost of said work to be approximately $7,500 - $10,000 and roughly 45
days to complete.
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8/3/2010
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'OWN OF VAM .
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: August 3, 2010
ITEM /TOPIC: Information Update.
Attachment Only:
a. Community Garden Update
b. Bald Mountain Underpass Repairs Update
c. EHU Master Deed Restriction
PRESENTER(S): Pam Brandmeyer
ATTACHMENTS:
Community Garden Update
Bald Mountain Underpass Repairs Update
EHU Master Deed Restriction
8/3/2010
MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: August 3, 2010
SUBJECT: Information Update: Community Garden Background Information
I. SUMMARY
The purpose of this memorandum is to provide background information on the community
garden that was proposed in 2000 to be located at 2470 South Frontage Road on the western
portion of the Stephen's Park lot located west of the Kinnikinnick Road bridge. The community
garden project was withdrawn prior to approval and was never constructed. Due to renewed
interest in the project, Staff is providing this information update at the Vail Town Council's
request. At this time, Staff does not request any action be taken by the Vail Town Council.
II. BACKGROUND
On May 8, 2000, the Planning and Environmental Commission held a hearing on a conditional
use permit application for an active outdoor recreation area that would facilitate the creation of
a community garden at 2470 South Frontage Road in the Intermountain neighborhood.
Active outdoor recreation areas are defined in Section 12 -2 -2, Definitions, Enumerated, Vail
Town Code, as "Outdoor recreational activities which involve organized or structured
recreation that is associated with recreational facilities, excluding buildings. For example,
active outdoor recreation would include, but not be limited to: athletic fields, playgrounds,
outdoor basketball and tennis courts, outdoor swimming pools, sledding and skiing areas,
fitness trails with exercise stations, etc."
The community garden proposal included the following components:
• 25- 4 foot by 24 foot garden plots
• A cedar sided shed, donated by a neighbor
• 3 on -site compost bins
• 10 space parking lot, accessed off Kinnikinnick Road
• Connection to the Stephen's Park irrigation system water tap
• Establishment of a volunteer board of directors appointed by the Vail Town Council to
manage operations and leasing of the garden
Staff recommended approval of the application, with the following conditions:
• The existing chain link fence must be removed.
• All easement holders must sign off on the application.
The following is a summary of the comments provided by the PEC and members of the public,
based on the minutes from the May 8, 2000 PEC hearing:
• Doug Cahill suggested increasing down payments and donations.
• John Schofield said the land should be used for a cemetery. Diane Golden suggested
a basketball court could be an alternative use.
• When questioned about neighbor concerns, Planner Allison Ochs stated there were no
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4 -1 -I
inquiries from neighbors after notices were sent.
• Commissioners questioned how many parking spaces would be adequate, with some
suggesting no parking on -site due to proximity and availability of Stephen's Park
parking lot.
• Doug Cahill was concerned about the types of fertilizer that would be permitted.
• Galen Aasland suggested that management and parking plans should be submitted.
III. ZONING ANALYSIS
Address: 2470 South Frontage Road
Lot Size: 16,840 sq ft (portion of lot west of Kinnikinnick Road bridge)
Zoning: Outdoor Recreation District
Land Use Designation: Park
Current Land Use: Undeveloped park area
Permitted Uses: Bicycle and pedestrian paths.
Interpretive nature walks.
Nature preserves.
Passive outdoor recreation areas and open spaces.
Conditional Uses: Accessory buildings and uses (i.e. restrooms, drinking fountains,
concessions, storage)
Cemeteries.
Communications antennas and appurtenant equipment.
Equestrian trails, to access national forest system lands.
Public parks and active public outdoor recreation areas and
uses, excluding buildings.
Public utility and public service uses.
Seasonal use or structure.
Ski lifts, tows and runs.
Well water treatment facilities.
IV. FUTURE CONSIDERATIONS FOR A COMMUNITY GARDEN
The following issues have been identified for consideration should a community garden be
proposed on in the future on the subject property:
• Funding
• Operations
• Maintenance
• Use agreements
• Management
• Structures (i.e. fences, sheds, trash enclosures)
• Parking
• Gore Creek/ Floodplain impacts
V. ATTACHMENTS
A. Vicinity Map
B. Community Garden Proposed Site Plan dated April 13, 2000
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247? South Frontage Road West
Location of
Formerly Proposed Community Garden
(Part of US G Lot 13, 23 & 24 Area ofInterest
Section 14, Township 5. Range 81)
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INFORMATION UPDATE
TO: Town Council
FROM: Department of Public Works
DATE: August 3, 2010
SUBJECT: Bald Mountain Underpass Repairs Update
I. The Project
Repairs to the elevated path at the Bald Mountain underpass are a scheduled project in
2010. The existing retaining wall supporting the path is showing significant deterioration
due to freeze /thaw and 1 -70 plowing operations. Additionally, the pavement, railings and
drainage system require maintenance.
Staff has reviewed several design options for repairs and is recommending that the path
should be reconfigured according to the attached plan. The decision is based on the
determination that replacement /repair of the existing design would allow continued
decline and require additional repairs in the future. Other factors in the decision include:
• Cost
• Safety
• Maintenance and sustainability
• Compatibility with proposed Frontage Road shoulder widening
II. Project Schedule
Staff plans to proceed through the design review process and to put the project out to
bid in the next few weeks with construction anticipated starting in mid - September. The
project is currently budgeted in 2010.
III. Attachments
1) Photos of Existing Path
2) Cross Section and Plan of Proposed Configuration
8/3/2010
4 -2 -1
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Below: Winter ice across path (March 2010)
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8/3/2010
4 -2 -2
SOUTH FRONTAGE ROAD WIDENING AT BALD MOUNTAIN ROAD
INTERSTATE 70 UNDERPASS, MILE POST #179
PROPOSED ROADWAY WIDENING PLAN
TYPICAL SECTION D —D
ROADWAY AND PATH SECTION
EXISTING OPTION #3 EXISTING
BRIDGE I COLUMN
COLUMN
\ \SAW CUT I I I I
EXISTING RECREATION PATH
TO BE REMOVED +I PROPOSED
I + I CONCRETE SIDEWALK BIKE LANE DRIVING LANE ROO LNE DRI LANE BIKE LANE
2.2:1
6.00' 5.00' -12.00' 12.00' 5.00'
/
4" CONCRETE I I SHIFT CONCRETE 2 :1
SLOPE PAVING I 2,00' SLOPE I I
OVER OF MATCH MATCH PAVING /
BASE CO URSE \
2 00% EXISTING EXISTING
SAW CUT GRADE -E G RADE SAW CUT
° EXISTING ASPHALT I „
SECTION SCALE. REMOVE 24° of —I�
30" CARRY ASPHALT AND PROPOSED ROADWAY
"oj' H &V INSTALL PATCH BACK WIDENING WITH 6" OF
INSTALL EXPANSION TYPE CURB OF 6" OF HBP OVER
AND GUTTER HBP OVER $" ABC
JOINT MATERIAL 8" OF ABC WIDTH VARIES 30" CARRY
AROUND ALL EXISTING
CONCRETE BRIDGE TYPE CURB
COLUMNS AND GUTTER
ASPHALT WIDENING OF 6" OF HBP OVER $" OF PROVIDE A SAW CUT SMOOTH EDGE ALONG. ALL 18" RCP
COMPACTED BASE COURSE PER SOILS ENGINEERS PROPOSED ASPHALT WIDENING A MINIMUM OF 1.0' FROM STORM PIPE
RECOMMENDATIONS THE EXISTING EDGE OR A MINIMUM 2' PATCH BACK WIDTH
COORDINATE WITH THE TOWN AND THE ENGINEER IF
UNSUITABLE SUB -GRADE CONDITIONS ARE ENCOUNTERED
SOUTH FRONTAGE ROAD WIDENING AT BALD MOUNTAIN ROAD
INTERSTATE 70 UNDERPASS, MILE POST #179
PROPOSED ]ROADWAY WIDENING PLAN
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EAGLE COUNTY, COLORADO
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INTERSTATE 70
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BALD MOUNTAIN RD. UNDERPASS
SOUTH FRONTAGE ROAD WIDENING
AT INTERSTATE 70 MILE POST /179
TOWN OF VAIL
EAGLE COUNTY, COLORADO
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MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: August 3, 2010
SUBJECT: Town of Vail Master Deed Restriction
I. INTRODUCTION
The purpose of this memorandum is to provide the Vail Town Council with
an overview of the Master Deed Restriction for Resale and Occupancy
and key provisions of the document related to appreciation and
recoupable capital improvements.
The Town of Vail established the Master Deed Restriction for Resale and
Occupancy (deed restriction) in 1996, with the construction of Vail
Commons and has subsequently used the deed restriction for Red
Sandstone Creek, North Trail, buy down units and the Arosa Drive duplex.
The deed restriction has four salient points for owners:
• An Owner must use the unit as his /her primary residence and
maintain it as his /her primary residence during their ownership.
• An Owner must be employed an average of 30 hours /week per
year at an Eagle County business and maintain this level of
employment for as long as he /she owns the unit unless they are a
retired owner, sixty years or older, who has worked a minimum of
five years in Eagle County for an average of thirty hours per week
on an annual basis.
• An Owner must demonstrate that at least 75% of his /her income
and earnings are earned by working at that Eagle County business.
• An Owner must agree to the 3% annual maximum appreciation
cap.
In addition to providing the requirements for owning and occupying a unit,
it defines how the maximum resale value is calculated and how resales
are conducted.
II. MAXIMUM RESALE PRICE
Per the deed restriction, "In no event shall the Property or Unit be sold for
an amount (Maximum Sales Price) in excess of the Owner's purchase
price, plus an increase of three percent (3 %) of such price per year from
the date of purchase to the date of Owner's notice of intent to sell
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(prorated at the rate of 0.25% for each whole month for any part of the
year)."
The deed restriction also allows for the additional of Permitted Capital
Improvements to be added to the Maximum Sales Price. "For every ten -
year (10) period, from the date of original purchase and deed restriction,
another ten percent (10%) of the purchase price may be added to the
value of the property for Permitted Capital Improvements. All such
Permitted Capital Improvements installed or constructed over the life of
the Unit shall qualify."
III. PERMITTED CAPITAL IMPROVEMENTS
Permitted Capital Improvements are identified in the deed restriction.
Permitted Capital Improvements generally include items that improve the
function and operation of a unit. It specifically states "improvements for
• Energy and water conservation,
• Health and safety protection devices,
• To add and /or finish permanent /fixed storage space, and /or
• Improvements to finish unfinished space."
On October 9, 2007, the Vail Town Council amended the Permitted
Capital Improvements to include more replacement items (floor coverings,
appliances, etc.) as some units in the Town's inventory were 10 -years old
at that point. Maximum prices for these types of improvements are
incorporated into the deed restriction and a 5 -year depreciation schedule
was added for these specific types of improvements. With these
amendments the Permitted Capital Improvements are fairly extensive and
cover improvements that typically maintain or increase the value of any
unit, not just deed restricted units.
IV. PROPOSED RED SANDSTONE CREEK IMPROVEMENTS
Improvements made to Red Sandstone Creek, encapsulating crawl
spaces to reduce the potential for moisture and heat loss, adding
insulation and redoing the roof system to reduce heat loss and the need
for heat tape are improvements specifically intended to be recoupable
under the deed restriction.
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'OWN OF VAM .
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: August 3, 2010
ITEM /TOPIC: Matters From Mayor & Council.
PRESENTER(S): Town Council
8/3/2010
'OWN OF VAM .
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: August 3, 2010
ITEM /TOPIC: Executive Session, pursuant to: 1) C.R.S. §24- 6- 402(4)(a)(b)(e) - to discuss the
purchase, acquisition, lease, transfer, or sale of property interests; to receive legal advice on
specific legal questions; and to determine positions, develop a strategy and instruct
negotiators, Regarding: Discussion concerning negotiations regarding Timber Ridge
Redevelopment Agreement and Skier Drop Off.
PRESENTER(S): Matt Mire
8/3/2010