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2010-11-02 Agenda and Support Documentation Town Council Evening Session
VAIL TOWN COUNCIL EVENING SESSION AGENDA TM 1 1/a VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., NOVEMBER 2, 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.) 2. ITEM /TOPIC: Town Manager's Report: *Revenue Update - Kathleen Halloran *Update on VRA Bonds - Judy Camp (5 min.) PRESENTER(S): Stan Zemler 3. ITEM /TOPIC: First reading of the 2011 Budget Ordinance No. 17, Series 2010 (20 min.) PRESENTER(S): Kathleen Halloran ACTION REQUESTED OF COUNCIL: Approve or approve with amendments first reading of the 2011 Budget Ordinance No. 17, Series 2010 BACKGROUND: To be provided in a separate memo STAFF RECOMMENDATION: Approve or approve with amendments first reading of the 2011 Budget Ordinance No. 17, Series 2010 4. ITEM /TOPIC: Resolution No. 26, Series 2010, a resolution approving a budget and making appropriations to pay the costs, expenses and liabilities of the Vail Local Marketing District, for its fiscal year January 1, 2011 through December 31, 2011. (10 minutes) PRESENTER(S): Kathleen Halloran and Kelli McDonald ACTION REQUESTED OF COUNCIL: Staff recommends approval of the resolution and budget as submitted. BACKGROUND: The VLMD 2011 Operating Plan was presented to Council and approved on September 21, 2010. Additional background information is included in the attached memorandum. STAFF RECOMMENDATION: Staff recommends that Council approve Resolution No. 26, Series 2010 approving the submitted budget and appropriating $1,999,750 for marketing related expenditures beginning on the 11/2/2010 first day of January, 2011 and ending on the 31st day of December, 2011. 5. ITEM /TOPIC: Ordinance No. 19, Series of 2010, An Emergency Ordinance amending Title 14, Development Standards, Chapter 10, Design Review Standards and Guidelines, Section 5 Building Materials and Design, establishing an administrative procedure allowing the administrator to approve an otherwise prohibited design standard upon determination of an imminent peril to life and property and amending the criteria for review of nonconforming roof covering materials; setting forth details in regard thereto; and declaring an emergency. (30 minutes) PRESENTER(S): George Ruther ACTION REQUESTED OF COUNCIL: Approve, approve with modifications or deny Ordinance No. 19, Series of 2010, an emergency ordinance. BACKGROUND: On October 19, 2010, the Vail Town Council instructed staff to prepare an emergency ordinance proposing amendments to certain provisions of the adopted Developemnt Standards to provide greater flexibility and the administration of Section 5, Building Materials and Design, Title 14, Vail Town Code and allow cse by case review of design review applications for structures in town with nonconforming roof covering materials. 6. 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 of a request for a conditional use permit pursuant to Section 12 -9C- 3, Conditional Uses, Vail Town Code, to allow for the construction of active outdoor recreation areas, facilities, and uses (lightning shelter), generally located at the #3 green of the Vail Golf Course /Tract E, Vail Village Filing 7, and setting forth details in regard thereto. (30 min.) PRESENTER(S): Bill Gibson, Planner and Appellant's Representative Sherman & Howard LLC ACTION REQUESTED OF COUNCIL: 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 September 27, 2010 decision. Pursuant to Section 12 -3 -3, Appeals, Vail Town Code, the Vail Town Council may grant a continuance (table) this item to a future hearing to allow the parties additional time to obtain information. BACKGROUND: On September 27, 2010 the Planning and Environmental Commission approved a request for a conditional use permit pursuant to Section 12 -9C -3, Conditional Uses, Vail Town Code, to allow for the construction of active outdoor recreation areas, facilities, and uses (lightning shelter), generally located at the #3 green of the Vail Golf Course /Tract E, Vail Village Filing 7, and setting forth details in regard thereto. On October 13, 2010 the appellants Susan P. Johnson and Vail Mortgage Trust, represented by Sherman & Howard LLC, filed an appeal of the Planning and Environmental Commission's decision.On October 25, 2010 Staff received a phone call from the appellants' representative Jim Wear, Sherman & Howard LLC, requesting that the Vail Town Council table this appeal to a future hearing to allow the appellants additional time to obtain information about lightning shelters at other golf courses. 11 /2 /2010 STAFF RECOMMENDATION: Staff recommends the Vail Town Council denies the appellants' request for a continuance and proceeds with a hearing of this appeal.Staff recommends the Vail Town Council upholds the Planning and Environmental Commission's September 27, 2010 decision based upon the conclusion that the Commission's decision meets the standards and conditions imposed by the requirements of the Vail Town Code. 7. ITEM /TOPIC: Request for permission to proceed through the development review process to utilize Town -owned land located in the West Vail, Stephens Park area for the purposes of a community garden project. (15 min.) PRESENTER(S): Megan McDonald, Vail Community Garden Committee ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with conditions or deny the applicant's request to proceed through the development review process. BACKGROUND: The Community Garden concept gained new interest in 2010 when Town Staff published a request for interested parties in the Vail Daily and received over 30 responses from citizens who support the project. Of this group, the West Vail Community Garden Planning Committee was formed. The Committee is requesting permission to proceed through the development review process to obtain a conditional use permit for the garden as an active outdoor recreation area pursuant to Section 12 -16 -1, Conditional Use Permits Purpose; Limitations, Vail Town Code. Outdoor recreational activities are defined in Section 12 -2 -2, Definitions, Enumerated, as activies "which involve organized or structured recreation that is associated with recreational facilities, excluding buildings." STAFF RECOMMENDATION: Staff recommends that the applicant be granted permission to proceed through the development review process. 8. ITEM /TOPIC: Second Reading of Ordinance No. 16, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, establishing regulations for ski base area signs, and setting forth details in regard thereto. (PEC100041) (30 minutes) PRESENTER(S): Warren Campbell ACTION REQUESTED OF COUNCIL: Pursuant to Section 12 -3 -7, Amendments, Vail Town Code, the Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 16, Series of 2010, upon second reading. BACKGROUND: On October 19, 2010, the Vail Town Council approved, with modifications, the first reading of Ordinance No. 16, Series of 2010, by a vote of 4 -1 -0 (Foley opposed) STAFF RECOMMENDATION: The Community Development Department recommends the Vail Town Council approves Ordinance No. 16, Series of 2010, upon second reading. 11 /2 /2010 9. ITEM /TOPIC: Resolution No. 27, 2010, a resolution approving an intergovernmental agreement between the Town of Vail and the County of Eagle regarding recycle drop off site; and setting forth details in regard thereto. (10 minutes) PRESENTER(S): George Ruther ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution No. 27, Series of 2010 BACKGROUND: The Town of Vail Community Development Department is operating and maintaining a community recycling drop off site in the municipal parking lot located west of the Community Development Department building.The Town is contracted with Waste Management, Inc. to provide material haul off, site maintenance, and public education services. Eagle County, the operator of the regional materials recycling facility (MRF) has agreed to fund annual haul off services. Pursuant to the Agreement, the County will reimburse the Town $190 for each container hauled to the MRF. If approved, the County's financial assistance will save the Town approximately $34,000 annually through the Town's participation pursuant to the Agreement STAFF RECOMMENDATION: The Community Development Department recommends the Vail Town Council approves Resolution No. 27, Series of 2010 as read. If approved, the Eagle County Board of County Commissioners will consider the Agreement at the November 9, 2010 BoCC meeting. 10. ITEM /TOPIC: Town Council "Call -Up ", pursuant to Section 12- 3 -3(C) Vail Town Code (the "Code "), of the Planning and Environmental Commission (the "PEC ") decision of September 27, 2010, affirming staff's interpretation regarding the ability of a property owner to establish a development site comprised of multiple lots of record and the process required, if any, by the Code. (10 min.) PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: See attached memorandum and materials. BACKGROUND: In response to a request by a resident, on September 27, 2010 the Town's Zoning Administrator issued a letter pursuant to Section 12- 3-3(A) of the Code explaining what he believed to be the Town's process for combining two lots in a residential subdivision to create one "Lot or Site" as defined by 12 -2 -2 of the Code. Subsequently, on September 27, 2010, at the request of the Administrator, the PEC considered the issues addressed in the Administrator's letter. At the hearing, the PEC Commissioners expressed legitimate concerns with regard to the Administrator's findings and determination, as well as with the lack of clear direction provided by the Code. In addition, the PEC requested that the Town Attorney continue to research the issues involved. Ultimately, however, and based largely upon staffs recommendation, the PEC did vote to "affirm staff's administrative determination." After the PEC hearing, the Administrator discovered a relevant section of the Code which was not considered in his 11 /2 /2010 initial letter and which was not presented to the PEC. The Town Council called this item up at their regular meeting on October 5, 2010. STAFF RECOMMENDATION: See attached memorandum. 11. ITEM /TOPIC: Adjournment 11/2/2010 Lorelei Donaldson From: Ted Archibeque <Ted@ ProLandSurvey.com > Sent: Tuesday, October 26, 2010 6:32 PM To: Dick Cleveland; Kim Newbury; Kerry Donovan; Susie Tjossem; Margaret Rogers; Andy Daly; Kevin Foley Cc: Council Dist List Subject: County Surveyor Candidate Dear Council Members, Due to weather related failure I was unable to attend your meeting tonight. I regret not being able to address you in person and I would like to give you information about me and my campaign for Eagle County Surveyor. Please feel free to contact me if you have any questions. Background: 41 year resident of Eagle County -Civil Engineering Degree on athletic scholarship -20 Years Experience in County Government, Land Surveying and Mapping - Currently President of northwest Colorado's only Firm with a Certified Federal Surveyor on staff. - 9 Years Service with Eagle County in the Engineering Department & Assessor's Mapping /GIS Section - - Served on Eagle County Conservation District and Town of Gypsum Planning Commission i Wife Stephanie, Masters Degree in Education, Spanish Teacher St. Clare Elementary Daughters: Belle 5 yrs.- Zoey 2 We are all life long residents of Eagle County Vail 4 th of July Celebration 2010 — Great Day! - Thanks Vail!! My goal, in part, is to engage citizens and local officials concerning the importance of land surveyors to the community at large, and to promote the preservation of land survey records, including maps and the survey markers on the earth. Land owners benefit from Land Surveyors because conflicting or unknown land boundaries are contrary the public welfare and interfere with utilization of land and efficient economic development. 2 I If I am elected County Surveyor, I will urge the commissioners to help me develop a work plan focused on improving the quality and availability of survey information in Eagle County and evaluate all present county survey needs and the resources to fulfill those needs. I would then utilize said work plan and execute the duties the duties of the office of County Surveyor to the best of my ability. I do not advocate expanding the County Surveyor office, but will do see myself performing or supervising all the duties of the Office of County Surveyor, as mandated by law. I would make myself available to collaborate with any county department in need of survey services, and perhaps local municipal governments, and all other taxing districts on survey and mapping issues What does the surveyor do? An online search of Colorado Statues for "County Surveyor" reveals 56 instances where presumably the office holder should be called upon to take action. The current Eagle County Surveyor duties number less than 5. As an innovative businessman and public servant, I feel I can implement new solutions to old problems, benefitting the public as well as local surveyor's. Also, elected County Surveyors who also continue a private practice are common and necessary. As technology continues to advance, surveyors need to stay on top of their field, especially as an elected official. I will take on the challenge and I ask for your vote. Finally, an explanation for the public office of County Surveyor is in order. Having public elections for offices such and treasure, sheriff, coroner, and surveyor is about accountability in government. Each office is accountable to the voters. In other counties, in other states, these positions are appointed by commissioners, the accountability and loyalty shifts to the commissioners and not the voters. I am asking for your vote and support in the November 2 election. 3 "�' "� °�" � � �° yk � r .� .� � � ,� i / � o Lorelei Donaldson From: Gwen Scalpello <gscalpello @attglobal.net> Sent: Friday, October 29, 2010 3:39 PM To: George Ruther Cc: Council Dist List Subject: Streamlined Building Permit Process z George, Since the subject of revising and simplifying the building permit process is on the agenda for Tuesday's work session, I strongly urge you to consider two additional issues. The first is to re- instate the requirement for a letter of concurrence from the HOA in a multi - family complex. I have personal knowledge of one situation that "broke the camel's back" on this, but as I understand it, that was a situation in which the battle started in and was going to end up in the HOA anyway. f Under current processes, the HOA is often, unfortunately, the last to know about building / renovation activity, and f sometimes after work has commenced. As a result, the HOA is now put in the position of telling a homeowner he must delay until he receives HOA approval. The HOA may have to require changes to what has been permitted because of internal rules. Town Staff cannot be expected to review the declarations and rules and regulations for every HOA to determine if the permit sought by the applicant violates those documents. The HOA could even find out too late that it is l now required to bring its building up to code (e.g., replace the roof) without any prior knowledge. Any of these situations could delay a project for at least one season and cause a unit in which work has started to be out of service for one 4 season. It seems to me that requiring a letter from the HOA is a simple step in the process and takes the Town of Vail off the hook. If the applicant submits a fraudulent letter of support, the HOA can and should take appropriate action and the applicant deserves to have his project delayed. However, if the Town grants a permit before the HOA sees the application, it creates unnecessary problems within the HOA and could result in a second trip for the applicant back through the building permit process - hence the relationship to streamlining and simplifying. The second item I'd like to encourage is the written concurrence of adjacent properties for any activity that would intrude 4 upon those properties early in the development approval process. You may recall 9 Vail Road and Scorpio got into protracted debates with the Four Seasons property regarding dewatering and soil nails long after the project was approved. I honestly don't recall if building permits had been issued before that issue was resolved, but I think they had. Thank you Gwen Scalpello e a 1 f ". F f IL 'OWN ff VA, . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 2, 2010 ITEM /TOPIC: Town Manager's Report: *Revenue Update - Kathleen Halloran *Update on VRA Bonds - Judy Camp PRESENTER(S): Stan Zemler ATTACHMENTS: Revenue Highlights 11/2/2010 TOWN OF VAIL REVENUE HIGHLIGHTS October 28, 2010 Sales Tax Upon receipt of all sales tax returns for the month of September, collections for the month are expected to be $761,977 up 2.7% from budget and 1.1 % from last year. While we do not have October collections as yet, so far the summer season (May — September) is up 5.9% from last summer. Year -to -date sales tax collections are expected to be up 3.7% from budget and up 2.1 % from last year. Inflation as measured by the consumer price index was up 1.1 % in September compared with September 2009. Construction Permit Fee Revenue Construction permit revenue through October 27 totals $605,847, down 19% from last year. The 2010 budget for construction permit fees assumed a decrease of 21%, with annual revenues at $625,000. Major redevelopment projects account for $212,436 compared with $376,042 in 2009 (down 44 %). Revenue from non -major projects is up 6% from 2009. Use Tax Use tax collections as of October 27, 2010 total $1,014,840 compared with $672,760 at this time last year and a full year budget of $600,000. Major redevelopment projects including First Chair, Lodge Tower, and Ramshorn contributed $372,719 or 37% of the total. Several remodel projects including additions to units at Vail Village Inn and Vail Mountain Lodge and remodels at Millrace Condos, the Antlers, and Vail Point also paid use tax in 2010. Real Estate Transfer Tax (RETT) RETT collections through October 27, 2010 total $5,830,251, compared with $3,417,000 budgeted and $2,168,000 at this time last year. Approximately $3,711,000, or 64% of the 2010 RETT collected is from major redevelopment projects including Arrabelle, Chalets at the Lodge at Vail, Founders' Park Garage, Landmark, Lions Square Lodge North, Manor Vail, Mountain View, Ritz Carlton Residences, Solaris, and Vail Plaza Hotel. Collections not related to major redevelopment projects total $2,115,886 compared with $1,487,368 through October of 2009, a 42% increase. The full -year budget for RETT is $4,283,000 and we have surpassed that by $1.5 million. Summary Across all funds and revenue accounts through September 30, 2010, total revenue of $40.0 million is up 19.5% year -to -date from this time last year and up 15.0% from the budget. -1- 11 /2 /2010 2 -1 -1 'OWN ffVAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 2, 2010 ITEM /TOPIC: First reading of the 2011 Budget Ordinance No. 17, Series 2010 PRESENTER(S): Kathleen Halloran ACTION REQUESTED OF COUNCIL: Approve or approve with amendments first reading of the 2011 Budget Ordinance No. 17, Series 2010 BACKGROUND: To be provided in a separate memo STAFF RECOMMENDATION: Approve or approve with amendments first reading of the 2011 Budget Ordinance No. 17, Series 2010 ATTACHMENTS: 2011 1st read TM budget 11/2/2010 MEMORANDUM To: Town Council From: Stan Zemler, Judy Camp, Kathleen Halloran Date: October 28, 2010 Subject: 2011 First Reading of Budget Ordinance Based on feedback from Council during the first look at the operating budget discussed September 21 and the 5 -year review on October 19 the following items have been included in this budget document: • A breakout of employee benefits, with annual costs as a percentage of salary expense. Please see page 14 for this information. A comparison of benefits to other municipalities will be presented by the Human Resources department during the November 16 work session. • A summary of sales tax "split" history was provided during the October 19 budget discussion, and Council asked for more detail, specifically the split information for each year. Please refer to page B for this data. • Council directed staff to look at different options to fund the staffing model for the new West Vail Fire Station. Upon further review, staff has removed $35,000 from the budget and will explore opportunities within the existing budget by the time the station opens (currently scheduled for Spring, 2011). • Response to Susie Tjossem's question whether lift tax revenue covers the cost of the in -town shuttle: Lift tax revenues of $3.2 million (2011 projection) will be collected into the General Fund. Annual expenditures for the Transit department are estimated at $2.9 million for 2011. In addition, replacement of buses is budgeted in the Capital Projects Fund and averaged $608,000 per year over ten years after taking into effect federal subsidies. • At the October 19 Council meeting during Citizen's Participation, Mia Vlaar with the Vail Jazz Foundation asked Council to consider additional funding for the Labor Day Jazz Festival event(s). A 11/2/2010 3 -1 -I Sales Tax "Split" History Budget 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 "Split" find transfers) Since 2000 Since 2004 GF 8,017,119 8,624,090 8,645,301 10,180,070 8,685.162 6,993,086 8,362,733 7,200,724 10,393,241 11,018,446 8,661,543 6,494,624 95,259,020 52,629,773 CPF 6,492,304 6,608,497 6,765,744 4,926,729 5,893,821 8,473,895 8,121,244 10,641,136 8,519,897 8,612,920 8,251,795 10,105,376 86,921,054 52,620,887 14,509,423 15,232,587 15.411,045 15,106,799 14,578,983 15,466,981 16,483,977 17.841,860 18,913,138 19,631,366 16,913,338 16,600,000 182,180,074 105,250,660 "Split" Percentages (incl transfers) GF 55% 57% 56% 67% 60% 45% 51% 40% 55% 56% 51% 39% 52% 50 CPF 45% 43% 44% 33% 40% 55% 49% 60% 45% 44% 49% 61% 48 1 /6 50 Transfers 1,773,800 126,687 2,000,000 222,500 441.000 3,649,000 2004 1,773,800 Multi- purpose rec facility ($565K); for future projects ($1.15M); remainder for Donovan and TM residence improvements 2005 126,687 For live scan software and CAD /RMS project 2006 2,000,000 For purchase of Wendy's 2007 222,500 For employee housing ($200.5K) and Wendy's closing costs ($22K) 2008 441,000 Property tax increment ($441 K) 2009 - Add'I $1 M included in split to CPF to help fund balance 2010 3,649,000 West Vail Fire Station 8,212,987 11/2/2010 B 3 -1 -2 TOWN OF VAITL 2011 BUDGET First Reading of Ordinance No. 17, Series 2010 November 2, 2010 11/2/20 10 3 -I -3 Town of Vail Proposed 2011 Budget Table of Contents 2011 Budget Highlights 1 Major Revenue Analysis 10 Summary of Changes in Personnel 11 Ten -Year Summary of Budgeted Positions by Department 12 Employee Benefits Summary 14 This report shows the list of employee benefits by percentage and costs. General Fund Revenue and Expenditures 15 This schedule shows the major revenue and expenditures by category in the General Fund Summary of Operating Expense 17 This schedule shows all operating expenditures, no matter what Fund they are paid from Contributions and Special Events 18 Capital Projects Fund Revenue and Expenditures 26 This schedule shows revenue by type and expenditures by project in the Capital Projects Fund for 2009, 2010 and proposed 2011. Real Estate Transfer Tax Fund Revenue and Expenditures 28 This schedule shows revenue by type and expenditures by project in the RETT Fund for 2009, 2010 and proposed 2011. Unfunded Capital Projects 30 Marketing Fund Revenue and Expenditures 31 Debt Services Fund Revenue and Expenditures 31 Heavy Equipment Fund Revenue and Expenditures 32 Dispatch Services Fund Revenue and Expenditures 33 Conference Center Fund Revenue and Expenditures 34 Health Insurance Fund Revenue and Expenditures 34 11/2/2010 3 -1 -4 TOWN OF VAIL 2011 BUDGET PROPOSAL GENERAL AND RELATED FUNDS The Town of Vail 2011 budget proposal presented in this document reflects the town's vision to be the premier mountain resort community in a fiscally responsible manner. Since 2008, the town has cut more than $2.4 million in operating expenditures (General Fund), and has added back nearly $1.4 million from increased services and operations of new facilities, resulting in a net reduction of nearly $1.0 million since that time. Also since 2008, 23.3 full time equivalents (FTEs) have been eliminated from the budget, although these cuts were offset by the addition of other positions as resources shifted from a focus on redevelopment to a focus on core services. With these additions, headcount is down in total by 10.25 FTEs from 2008. The overall expenditure reductions were necessary due to declining sales tax collections, construction fees and earnings on investments. While the 2011 proposed budget presents a surplus for the General Fund, the town will be challenged once again in 2012 to operate within annual revenues due to estimated decreases in property tax collections. The Capital Projects Fund and RETT Fund have also made significant reductions to planned capital projects ($5.0 million of delays or eliminated projects just in 2011 since this time last year). Despite these challenges, the town has continued providing world -class service to the citizens and guest of Vail and has maintained strong reserves. REVENUE The town's 2011 budget is funded by a projected $45.5 million net revenue budget. Net revenues exclude inter -fund charges and transfers. 2011 projected revenues are 12% less than 2010 amended and a 5% increase from 2009. (See page 10 for Major Revenue Analysis). The below chart identifies the various sources of town revenue: WHERE THE MONEY COME5 FROM 2022 Proposed Net Revenue $45.5M F.ent, Fin es& Earnings on Miscellaneous Investments Charges for Sery ces b o 1 °la Transportation `% � Sales Tax Centers 37% 11 % i Intergovernmental Revenue S °o Licenses and Perm its 20 Real Estate Transfer Tax 109/0 Ski Lift Tax and Property and Franchise -ees llse Tax Ownership Tax 9`y 1% 11% 1 11/2/2010 3 -1 -5 Sales Tax will produce approximately 37% of annual revenue for 2011. The $16.9 million of sales tax projected is flat with 2009 and slight increase from the current 2010 budget. Real Estate Transfer Tax collections of $4.7 million represent 10% of total annual revenues. Since 2004, we have separated RETT revenue into two categories: collections from major redevelopment projects (such as the Four Seasons, Ritz Carlton Residences, Solaris, etc.) and "base" collections, which represent all other real estate transactions. This separation allows for more accurate trending. "Base" collections are projected flat with 2009, and collections from major redevelopment are budgeted at an increase with the assumption that projects such as the Four Seasons, Ritz Carlton Residences and Solaris will sell 25% of units in 2011, at 80% of list price. Property and Ownership Tax of $5.1 million will generate 11 % of total revenues for 2011. The current base mil levy is 4.69 and constitutes 10% of the average taxpayer's property tax bill. The property tax projection is based on the August '10 report received from the County assessor. Parking revenue from the transportation centers is projected at $4.9 million for 2011, or 11% of total revenues. This projection was updated to reflect recent parking policy decisions, and is a 1.3% decrease from 2009. Intergovernmental revenue includes federal and state grants, county sales tax, county road and bridge tax, highway users' tax, cigarette tax and E911 Authority Board. For 2011, this revenue source represents $3.7 million, or 8% of total revenues for the town. Nearly half of this revenue stems from federal grants including $828,000 for the Matterhorn bridge reconstruction, $600,000 for buses, $104,000 for fire fighters from the SAFER grant, and $87,000 for a police officer from the COPS grant. Ski Lift Tax and Franchise Fees total $3.2 million and $1.1 million, respectively for 2011, representing 9% of the total annual revenue. EXPENDITURES The town's expenditure budget for 2011 is $59.7 million excluding inter -fund transfers and charges. This is a 6.7% decrease from the 2010 amended budget, mainly due to the timing of capital projects such as construction of the West Vail Fire Station and the LionsHead Transit Center. Included in this amount are capital projects that will be reimbursed from the Vail Reinvestment Authority (see Capital Projects section below). Fifty -seven percent of the expenditures are to provide municipal services and forty -three percent to fund capital improvements including debt service. 2 11/2/2010 3 -1 -6 Where The Money Goes 2011 Proposed Expenditures $59.7 M Debt Service 4% Capital Improvements 39% Municipal Services �— 57% Within municipal services, 65% of spending is related to staffing costs. These costs include salary expense, overtime, and benefits such as health insurance, disability coverage, worker's compensation, pension, life insurance, unemployment and Medicare. The town's operations are supported by 285 full time equivalent (FTE) positions in 2011, down from 300 at the beginning of 2009. Of these, 217 are full -time regular employees. Since 2008, 23 FTEs have been eliminated from the budget. These reductions are offset by the addition of other positions as resources have shifted from a focus on redevelopment to a focus on core services such as fire, dispatch, environmental sustainability and bus service. With these additions, headcount is down overall by 10.75 FTEs from 2008. 2011 headcount changes include the addition of two seasonal Fire residents and an increase in the number of resident shifts to staff the West Vail Fire Station (annual cost estimated at $86,000 as presented to Council September, 2009 during approval of the station's construction). Headcount reductions for 2011 include the elimination of 5.0 full -time positions, 2.0 fixed -term positions and 2 seasonal positions (1 FTE). Please refer to page 11 for a detailed explanation of FTE changes, and page 12 for a 10 year history of the town's FTE count. Employee benefits are projected at $5.6 million, representing 36.1% of base salary expense for 2011 (please refer to page 14 for a breakout of employee benefits). The largest single component of benefit cost is health insurance at 45 %, followed by pension contributions at 38 %. 3 1 1/2/2010 3 -1 -7 Benefits Casts Medicare Wellness Benefit 2011: $5.6M 4% 3% Pension Health Insurance 38% 45% Workers' Life, Disability, and Compensation Unemployment Insurance Insurance 4% 6% The town is self- insured and has managed rising benefit costs by increasing healthcare contributions paid by sharing costs with employees. $300,000 will be covered by the employees from significant changes to health plan design, including increases to employee -paid deductibles, co -pays and out of pocket maximums. Employee monthly premiums will rise at least 25 %. The town is also reviewing potential cost savings from changing medical networks and plans to use $150,000 of Health Insurance Fund reserves (these reserves grow from annual contributions by both employees and the town, with most of the current growth occurring between 2001 and 2008). The reserves are intended to protect the town from excessive claim activity (unanticipated) in one year, and current reserve levels are more than adequate to provide this protection. See page 34 for a detailed fund statement for the Health Insurance Fund. While the above narrative summarized the overall proposed town financial outlook for 2011, the following provides an explanation of budgetary assumptions for each fund: GENERAL FUND The General Fund supports the town's basic municipal operations. The attached General Fund proposed budget has a surplus of $482,194, which results in a fund balance of $20.2 million at the end of 2011, representing 70% of annual revenues. 35% was the Council directive in prior years as the minimum fund balance during redevelopment. REVENUE - $29,046,604 The General Fund's primary source of revenue is sales tax followed by property and ownership tax, parking, and lift tax. 4 11/2/2010 3 -I -8 Sales Tax - $10,310,000 In this budget proposal, 61% of the town's 4% general sales tax is allocated to the General Fund. The remaining 39% is allocated to the Capital Projects Fund. While this split is the same percentage used on average over the last 10 years for budget purposes, the actual share of revenue has averaged 52/48 since 2000 and 50/50 since 2004. The "split" percentages change when sales tax collections do better than expected (excess revenue goes directly to the Capital Projects Fund) and the above averages include the impact of transfers of fund balance from the General Fund to the Capital Projects Fund. Since 2000, $8.2 million has been transferred into the Capital Projects Fund for both specific projects and to increase capital reserves. Please refer to page B (at the front of this packet) for more details on the historical data. Due to the proposed 61/39 split, approval of this budget will require an affirmative vote by five out of seven Council members (a super majority) because less than 50% of the sales tax revenue is going to the Capital Projects Fund. This is based on the town charter from 1973 when Council intended to earmark 50% of sales tax collections for capital projects, real estate acquisition and related debt service. Since that time, several revenue sources have been added to enhance the town's ability to fund capital projects such as Real Estate Transfer Tax, Construction Use Tax, the Vail Reinvestment Authority, Employee Housing Fee -in -Lieu and Federal grants. While staff is recommending a 61/39 split of sales tax collections, we will continue to implement the policy of allocating any revenues in excess of the original budget to the Capital Projects Fund, as has been done in years past. 2011 sales tax revenue is projected to be flat with the 2009, and a 1.8% increase from 2010 budget. Property Tax, Parking Revenue, Ski Lift Tax and Franchise Fees budgetary assumptions were discussed above, in the Revenue section. Licenses and Permit Fees - $732,200 The largest component of licenses and permits is construction permit fees, which includes building, mechanical, plumbing, and electrical permits. The 2011 budget for construction permits is projected with "base" transactions flat with 2009, and no activity anticipated from major redevelopment. EXPENDITURES - $28,564,410 Based on Council recommendations, salary expense includes a 2% performance -based merit pool and a bonus pool to be paid as a one -time reward to employees qualifying under bonus program requirements (currently being developed by Human Resources). Benefits expense represents 36.14% of salaries (39.98% for full -time employees). A summary of how benefits were budgeted for 2011 are specified above on page 4. Also, please refer to page 14 for a detailed breakout of employee benefits cost as a percentage of salary expense. The town's Human Resources department will present a comparison of the town's benefits to other municipalities on November 16 th . Departmental spending of $5.9 million ( "All Other Operating" on page 15) is $1.2 million less than 2008 spending (significant budget cuts began in 2009). This represents a 17% reduction in spending from 2008 levels despite an increase in services and the addition of new facilities. These services and facilities explain why 2011 proposed spending is more than 2009. They include new operational expenditures such as increased 5 11/2/2010 3 -1 -9 snowmelt from streetscape near Solaris and the new LionsHead Transit Center, and utilities for new facilities including the West Vail Fire Station and Transit Center. 2011 expenditures were also increased from costs that are outside of departmental discretion such as continued support of special events, insurance premiums, bank charges, and treasurer fees from the County's collection of property tax. We have re- budgeted for Community Development planning projects (not an annual expenditure) such as the master planning of West Vail and the Chamonix area, a green building code and other zoning amendments. Other items such as cinders are budgeted at an average snowfall, which for 2011 is at a higher dollar amount than 2009 when the snowfall started much later. Council contributions (pages 18 -25) are included in this proposal so that Council can review them as a part of the entire budget and evaluate financial impact to the town. Of the $2.1 million in requests, $1.6 million was approved by Council on September 21st (a 1.4% increase from 2010). Changes from last year's contributions include funding for the Colorado Ski Museum ($42,000 cash and $9,000 rent forgiveness), Vail's 50 DVD ($10,000), an allocation of CSE funding ($75,000) to go toward the Quizno's Pro - Challenge cycling event, and a reduction in funding for the Eagle River Watershed Council to $50,000. Both the Ski Museum and Vail's 50 DVD received funds in 2010 from off -cycle requests. All other contribution requests were funded at similar levels as 2010. Heavy Equipment Operating charges increase only slightly in 2011 compared to 2010. Costs are charged back to departments based on their use of the vehicles and equipment. Replacement charges are proposed at an 18.7% ($125K) decrease from 2010 budget due to annual savings in the Heavy Equipment Fund from both fuel cost fluctuations and the delay of some vehicle replacements (see additional explanation in the Heavy Equipment Fund below on page 8). Dispatch Services charges total $537,827 for 2011 based on a three -year average usage by the town (31% of total 911 call volume). The 2011 charges are nearly flat with 2009, but a 3% increase from 2010 budget. The increase is not attributable to an increase in call volume, but rather based on a reduction in overall fees collected by the Dispatch Services Fund in 2010. CAPITAL PROJECTS FUND REVENUE - $8,702,500 Sales tax is a primary revenue source for capital projects. For 2011, $6,590,000 or 39% of the town's projected sales tax revenue is allocated to the Capital Projects Fund. Federal grant revenue of $1.4 million is included, with $828,000 for the Matterhorn Bridge reconstruction and $600,000 to be used to purchase buses. Use Tax collections are budgeted at $500,000, flat with the 2010 original budget. 2010 collections currently exceed the budgeted amount, however this includes activity from major redevelopment projects. No major projects are assumed for 2011. 6 11/2/2010 3 -1 -10 EXPENDITURES - $17,789,831 $8.5 million of the above will be reimbursed by the Vail Reinvestment Authority (VRA) for capital projects within the LionsHead TIF District such as the Welcome Center ($6.8M), surface parking at the Charter Bus lot ($900,000) and the Library remodel ($475,000). The VRA is also reimbursing the town for the annual capital maintenance of the LionsHead parking structure ($315,000). The town is utilizing the Capital Projects Fund to track these projects because the town's financial systems are better suited than the VRA's to provide internal controls over projects of this size and to facilitate recording the capital assets on the town's books. The money allocated to these capital projects tie directly to the proposed budget for the VRA. In addition to a debt service payment totaling $2.3 million, noteworthy projects for 2011 include: • Annual capital maintenance of town facilities, parking structures and streets totaling $2.1 M. • Neighborhood road reconstruction of $1.8M for Vail Valley Drive to correspond with a project to be completed by the Eagle River Water and Sanitation District. • Neighborhood bridge reconstruction of $1.OM for Matterhorn Bridge (mainly funded with federal grant of $828,000). • Replacement of 2 town buses with hybrid models ($1.2M). The Capital Projects fund is projected to have a fund balance of $5.2M at the end of 2011, not including unfunded projects. In May, 2010, Council prioritized the list of unfunded projects (page 30) along with possible methods of funding. Some of the potential revenue sources and funding mechanisms include Vail Reinvestment Authority tax increment financing (TIF) collections, a $4.3 million commitment from Vail Resorts for net new parking, new debt financing, potential use of Conference Center Funds, changing the split sales tax, and potential transfer of General Fund balance. REAL ESTATE TRANSFER TAX (RETT) FUND REVENUE - $4,840,279 The primary revenue source for this fund is the 1% real estate transfer tax, accounting for $4,670,000 in projected revenue for 2011. Base transactions are budgeted flat compared to 2009 however preliminary sales from the Four Seasons, Ritz Carlton Residences and Solaris contribute to the overall increase. With all three projects scheduled for completion in 2010, budgeted revenue for 2011 is based on 25% of units selling, at 80% of current list price. EXPENDITURES - $9,429,594 Use of the RETT Fund is restricted by ordinance to parks, recreation, open space, and environmental sustainability. RETT provides funding for both operating and capital expenditures within those categories. Total operating expense of $2.2M for 2011 includes: • Annual Park and Landscape maintenance ($1.3M). • Environmental Sustainability programs ($250K). 7 11/2/2010 3 - I - 11 • Continuation of Forest Health projects ($145K, reduced from prior years' budgets of $265K). Noteworthy capital projects for 2011 include: • Frontage Road bike lanes of $2.3M. • Implementation of Ford Park master plan, including parking options, turn lanes, etc. ($2.1 M). • Reconstruction of the Red Sandstone Park and Playground ($439K). • Improvements to VRD- managed assets totaling $1.2M. Significant projects include improvements to the golf clubhouse, tennis court repairs, and Dobson Ice Arena capital maintenance. The RETT fund is projected to have a fund balance of $6.9 million by the end of 2011. VAIL MARKETING FUND Business license fees provide the revenue for this fund, which is restricted to marketing Vail. Revenue is expected to be flat with 2009. Expenditures for marketing through the Commission on Special Events (CSE) are also budgeted flat at $280,000. DEBT SERVICE FUND This fund is used to manage principal and interest on the town's outstanding debt. Funds are transferred from the Capital Projects Fund to meet annual debt service requirements and to cover the next upcoming principal and interest payments on the 2002B and 2008 bonds. All debt (principal balance of $4.3M at 12/31/10) is scheduled to be repaid by the end of 2012. HEAVY EQUIPMENT FUND This is an internal services fund that manages the maintenance and repair of town vehicles and equipment and the purchase of replacement vehicles other than buses and fire trucks. Costs are charged back to departments based on their use of the vehicles and equipment. Due to annual savings from both fuel cost fluctuations and the delay of some vehicle replacements, the fund balance will grow to an estimated $2.1 M by the end of 2010. As such, the annual charge back to the departments was decreased for 2011 which will reduce the General Fund charges and continue to provide the necessary funding for replacement as is the intent of the fund. DISPATCH SERVICES FUND This is an enterprise fund, e.g., more than half of its revenue is from sources outside of the town, managing emergency communications for all of Eagle County. The E911 Board currently funds seven dispatcher positions, two supervisor positions and a systems engineer. In 2011, reserves will be used to cover a significant capital expenditure ($800K) for the replacement of the Dispatch Center's radio communication equipment. These reserves are the result of many years of contributions from all user agencies, including the Town of Vail. 8 11/2/2010 3 - I - 12 CONFERENCE CENTER FUND This fund was established in 2003 to account for a 1.5% public accommodations tax and a .5% sales tax imposed by election for the purpose of building and operating a conference center in the town. These taxes were rescinded by election in November of 2005. An election is required to release Conference Center funds for any purpose. The fund balance is projected to be $9.41M by the end of 2011. HEALTH INSURANCE FUND This internal services fund manages the costs of providing health and short -term disability insurance to employees. Net costs are charged to departments as employee benefits. Since the town is self- insured on these items, a sufficient fund balance is maintained to absorb extraordinary claims experience. Claims over $75,000 per person are covered by an indemnity "stop loss" insurance product. Although increasing healthcare costs are shared with employees, staff has recommended use of $150,000 of fund balance to help offset the anticipated increase in medical claims for 2011. This Fund is projected to have a fund balance of $921,165 by the end of 2011. 9 11/2/2010 3 -I -13 Major Revenue Analysis 2011 Budget 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Actual Actual Actual Actual Actual Actual Actual Actual Amended Proposed Comments vs.'09 actual % vs. 2010 General Sales Tax 15,264,581 14,734,552 15,581,575 16,791,157 17,986,796 18,913,138 19,631,366 16,913,338 16,600,000 16,900,000 2011 flat with 2009 actual; 2% per year increase thereafter -3.0% -3.5% 5.7% 7.8% 7.1% 5.2% 38 - 13:8 9 % - 1.9°% 1.8% RETT Tax 2,943,338 3,270,723 4,850,152 6,206,054 6,239,744 6,536,118 9,091,917 2,513,481 4,283,000 4,670,000 Base sales flat with 2009 through 2015; Over 5 -year period, major -2.8% 11.1% 48.3% 28.0% 0.5% 4.7% 39.1% -72.4% 70.4% 9.0% redevelopment sales assume only 2/3 of new units sell for Solaris, Four Seasons & Ritz at 80% of list price; then 2 units per year re -sales Parking Revenue 2,548,806 2,993,378 3,285,932 3,651,537 4,007,334 4,514,$92 4,705,985 4,975,795 4,932,744 4,911,500 Flat with 2009 through 2012; then 3% increase In 2013 and 2015 10.2% 17.4% 9.8% 11.1% 9.7% 12.7% 4.2°% 5.7% -0.9% -0.4% Property Tax Revenue 2,630,105 2,667,154 2,466,313 2,468,978 2,750,693 2,819,823 4,092.,056 4,309,063 4,830,647 4,875,000 2011 flat with 2010; then 20% decrease in values from prior assessment: 8.7% 1.4% -7.5./ 0.1% 11.4% 25% 45.1% 5.3% 12.1% 0.9°% additional revenue from completion of major redevelopment projects Lift Tax Revenue 2,344,921 2,273,055 2,496,162 2,777,698 2,975,097 3,039,619 3,277,703 3,048,011 3,115,000 3,193,000 2011 - 20142.5% per year increase 9.3% -3.1% 9.8% 11.3% 7.1% 2.2°% 7.8% -7.0% 2.2°% 2.5% Construction Fees 854,377 1,020,917 1,608,461 2,466,054 3,481,989 4,992,752 3,799,444 1,341,731 1,023,250 673,250 Reduced based on slowdown of redevelopment activity; No major 8.3% 19.5% 57.6% 53.3% 41.2°% 43.4% - 23.9°% -64.7% -23.7% - 34.2°% redevelopment projects assumed after 2010 Construction Use Tax - - - - 608,483 713,582 600,000 500,000 Reduced based on slowdown of redevelopment activity; No major N/A 17.3% - 15.9°% -16.7% redevelopment projects assumed after 2009; 3% annual increase after 2011 Other Taxes 492,166 1,265,084 1,254,005 1,251,928 1,367,139 1,399,739 1,644,975 1,545,535 1,485,200 1,324,800 County sales tax, Road & Bridge, Hwy users revenue, etc. 3.1% 157.0°% -0.9% -0.2°% 9.2°% 2.4°% 17.5% -6.0°% -3.9°% -10.8% Reduction in 2011 Road & Bridge based on 5 -year average All other items flat with 2009 Federal / County Grants 217,835 89,700 1,412,098 19,500 1,739,052 59,542 - 203,765 5,250,824 1,619,000 2010: $5M for transit center; SAFER grant $117K, COPS grant $82K -0.8% -58.8% 1474.2% N/A N/A N/A N/A N/A 2476.9°% -69.2% and $28.5K police LiveScan software; 2011: buses $600K, bridge reconstruction $828K; SAFER (thou 2013) and COPS (thou 2012) grants Earnings on Investments 163,460 311,966 446,430 1,112,872 2,133,315 2,624,092 1,841,335 460,234 240,200 336,870 2009 based on .5% return on fund balances; 2010 flat but reduced fund 90.9% 43.1% 149.3 91.7% 23.0% - 29.8 - 75.0 -47.8% 40.2°% balances; 2011 based on 1% return; 2012 -2015 1.5% annual return Rental Income 499,616 616,412 803,939 780,214 827,280 897,958 949,961 912,090 882,796 869,816 2009 increase due to additional employee units to rent; 2010 flat with 2009 23.4% 30.4% -3.0% 6.0% 8.5% 5.8% -4.0%. -3.2% -15% 2011 scheduled for 3% increase E911 and Interagency Dispatch 918,260 1,037,223 1,088,068 1,165,164 1,337,583 1,528,608 1,657,622 1,904,572 1,916,339 1,960,258 Incl. adding 1 FTE mid -year 2009 and 1 more FTE 2010 (funded by E911) 9.0% 13.0°% 4.9°% 7.1% 14.8% 14.3% 8.4% 14.9% 0.6°% 28% Estimated annual increase of 3% All Other Revenue 6,046,862 8,021,669 8,764,750 10,250,560 5,317,935 7,519,435 6,717,851 4,511,344 6,508,289 3,653,944 2005 included $410 Conference Center collections & $2M project mimb. - 17.9°% 32.7% 9.3% 17.0% -48.1% 41.4% -10.7% -32.8% 44.3% - 43.9°% 2007 included $1.21M recreation ammenities and $1.3M projectoeimb. 2008 included over $1 M of project reimbursement and $500K in Employee Total Revenue 3 3 8,30 1, 83 3 4 48,941,716 50,1 54, 5 8, 0 18,6 98 4 3,352,542 51, 4 5,4 8 7,43 8 Housing Fee -in -Lieu %compared to Prior year -3.0/ 11.8% 15.0% 11.1% 2.5 9.3% 5.8°% - 25.3°% 19.2°% -12.0 2009 included $709K of project reimbursement and $816K Areas duplex sale 11/2/2010 -16- 3-1-14 Town of Vail 2011 Budget Summary of Changes in Personnel From 2010 Original Budget to 2011 Budget 2011 Changes Comments Full -time Regular Positions Town Officials (1.00) Eliminated vacant Executive Assistant position Town Officials 0.20 Increased work schedule for Admin to help cover elimination above Public Relations (1.00) Eliminated vacant Community Information Assistant position Community Development (1.00) Eliminated vacant Planner position Police (0.75) Eliminated vacant Records position Police (1.00) Elminated CEO position Fire (0.25) Eliminated vacant administrative position (4.80) Fixed Term / Externally Funded Public Works (1.00) Eliminated Construction Inspector position Public Works (0.50) Eliminated seasonal Streetscape Inspector position Community Development (0.50) Eliminated Administrative Assistant position (2.00) Seasonal Positions Fire - Resident Fire Fighters 3.50 2 seasonal residents and increased # shifts for residents (W Vail FS) Forest Health (1.00) Reduced by 2 seasonal positions (From 6 to 4 per summer) 2.50 Total Changes to FTE Count: (4.30) 11/2/2010 3 - I - 15 TOWN OF VAIL 2011 BUDGET TEN -YEAR SUMMARY OF BUDGETED POSITIONS BY DEPARTMENT 2011 1 Positions I lDepartment 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Change Full -Time Regular Positions - Funded by TOV Town Officials 7.10 7.10 6.50 6.90 6.90 7.06 6.23 6.23 6.23 5.43 (0.80) Administrative Services 18.00 18.00 18.00 19.15 18.15 19.68 21.02 20.35 20.35 19.35 (1.00) Community Development 15.00 15.00 14.00 1185 13.85 15.18 15.18 17.85 15.85 14.85 (1.00) Fire 1820 18.20 18.00 18.00 18.00 18.00 22.00 2125 24.25 24.00 (0.25) Police and Communications 60.25 61.75 54.25 56.25 54.25 54.50 54.50 54.50 54.50 52.75 (1.75) Library 8.75 8.75 6.38 6.38 6.38 6.63 6.63 6.55 6.55 6.55 0.00 Public Works, Streets & Roads, L 29.00 29.75 29.75 31.25 31.75 31.75 31.75 30.80 30.80 30.80 0.00 Transportation & Parking 28.50 28.50 27.50 30.50 31.00 31.00 31.00 33.00 31.00 31.00 0.00 Fleet Maintenance 13.00 13.00 13.00 13.00 13.00 1100 13.00 1100 12.00 12.00 0.00 Facility Maintenance 21.50 20.50 20.50 20.00 20.00 20.00 20.00 20.00 20.00 20.00 0.00 Capital Projects 1.00 1.00 1.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total FTE's - Full -Time Regular 220.30 221.55 208.88 216.28 213.28 216.80 221.31 223.53 221.53 216.73 (4.80) Fixed Term Employees Administrative Services 1.00 1.00 1.00 - 1.00 - 0.00 Community Development 2.00 6.00 6.00 5.00 4.00 4.00 0.50 - (0.50) Fire 1.00 2.00 2.00 2.00 2.00 - 0.00 Police and Communications - 1.48 3.48 3.48 3.48 3.00 - 0.00 Public Works, Streets & Roads, Landscaping 1.75 1.63 1.63 1.63 1.50 1.50 (1.50) Capital Projects 1.25 1.63 1.63 1.63 1.50 - 0.00 Document Imaging 0.75 0.75 0.75 0.75 1.00 1.00 1.00 1.00 0.00 Total Fixed -Term 1.00 1.00 3.75 12.23 16.49 14.49 1174 13.00 3.00 1.00 (2.00) Externally Funded Employees Police and Communications 4.00 7.50 8.00 6.50 8.00 9.00 9.00 9.00 11.00 11.00 0.00 Total Externally Funded 4.00 7. 8.00 6.50 8.00 9.00 9.00 9.00 11.00 11.00 0.00 3 -1 -16 12 TOWN OF VAIL 2011 BUDGET TEN -YEAR SUMMARY OF BUDGETED POSITIONS BY DEPARTMENT 2011 Positions I lDepartment 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Change Seasonal Positions - Funded by TOV Town Officials 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Administrative Services 0.42 0.42 0.42 0.98 1.04 0.59 1.19 1.94 1.94 1.94 0.00 Community Development 0.96 0.96 0.48 0.00 0.00 0.00 1.25 0.25 0.00 0.00 0.00 Fire 1.40 1.40 1.40 1.51 1.68 7.20 7.20 10.20 10.20 12.70 2.50 Police and Communications 0.93 0.48 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Library 0.93 1.09 2.48 2.48 2.48 1.70 1.70 1.70 1.70 1.70 0.00 Public Works/ Streets & Roads /L, 10.18 9.55 7.57 8.69 8.94 11.42 11.90 12.86 10.46 10.46 0.00 Transportation & Parking 28.00 26.89 25.84 23.24 22.78 25.31 26.70 25.70 27.46 27.46 0.00 Fleet Maintenance 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.25 0.25 0.00 Facility Maintenance 0.83 0.83 1.33 1.33 1.36 1.38 1.38 1.38 1.38 1.38 0.00 Total Seasonal / Part -Time 43.65 41.62 39.52 38.23 38.28 47.60 51.32 54.03 53.39 55.89 2.50 All FTE's (Full -Time Equivalents) Town Officials 7.10 7.10 6.50 6.90 6.90 7.06 6.23 6.23 6.23 5.43 (0.80) Administrative Services 19.42 19.42 19.42 20.13 20.19 20.27 22.21 22.29 22.29 21.29 (1.00) Community Development 15.96 15.96 16.48 19.85 19.85 20.18 20.43 22.10 16.35 14.85 (1.50) Fire 19.60 19.60 19.40 20.51 21.68 27.20 31.20 33.45 34.45 36.70 2.25 Admin 3.00 3.00 2.00 2.00 2.00 2.00 2.00 2.00 0.00 Patrol 27.00 28.98 30.48 31.00 31.25 31.00 28.00 27.00 (1.00) Investigation 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 0.00 Records 5.25 5.25 5.25 5.50 5.25 5.50 5.50 4.75 (0.75) Dispatch 22.00 22.00 23.00 23.48 23.48 23.00 25.00 25.00 0.00 Police and Dispatch Total 61.18 62.23 62.25 64.23 65.73 66.98 66.98 66.50 65.50 63.75 (1.75) Library 9.68 9.84 8.86 8.86 8.86 8.33 8.33 8.25 8.25 8.25 0.00 Public Works, Streets & Roads 39.18 39.30 37.32 41.69 42.32 44.80 45.28 45.16 42.76 41.26 (1.50) Transportation & Parking 56.50 55.39 53.34 53.74 53.78 56.31 57.70 58.70 58.46 58.46 0.00 Fleet Maintenance 13.00 13.00 13.00 13.00 13.00 13.00 13.00 13.00 12.25 12.25 0.00 Facility Maintenance 22.33 21.33 21.83 21.33 21.36 21.38 21.38 21.38 21.38 21.38 0.00 Ca ital Pro'ects 1.00 1.00 1.75 3.00 2.38 2.38 2.63 2.50 1.00 1.00 0.00 Total FTE's 264.95 264.17 260.15 273.24 276.05 287.88 295.37 299.56 288.92 284.62 (4.30) 11; 2010 3 -1 -17 3 Town of Vail Employee Benefits 2008 2009 2010 2011 Actual % Salary Actual % Salary Budget % Salary Proposed % Salary Full -Time Regular Employees Fee Based Health Insurance 2,300,000 17.6% 2,515,558 18.8% 2,475,000 18.0% 2,530,000 18.73% Group Term Life and Accidental Death Insurance 258,578 2.0% 214,665 1.6% 90,000 0.7% 86,000 0.64% Long -term Disability Insurance 60,000 0.4% 55,000 0.41% Survivor's Life Insurance 75,000 0.5% 72,000 0.53% Short -term Disability Insurance 40,000 0.3% 25,000 0.2% 35,000 0.3% 32,000 0.24% Wellness Benefit 98,672 0.8% 94,352 0.7% 96,000 0.7% 95,000 0.70% Sworn Officer Death and Disability Insurance 56,263 0.4% 65,629 0.5% 70,000 0.5% 68,500 0.51% Subtotal Fee Based 2,753,513 21.1% 2,915,204 21.8% 2,901,000 21.1% 2,938,500 21.75% Payroll Based Pension Contribution 1,959,542 15.0% 2,059,169 15.4% 2,105,425 15.3% 2,061,484 15.26% Medicare 170,794 1.3% 172,959 1.3% 199,263 1.5% 180,861 1.34% Workers' Compensation Insurance 192,871 1.5% 182,241 1.4% 228,500 1.7% 192,500 1.43% Unemployment Compensation Insurance 27,846 0.2% 28,527 0.2% 48,100 0.4% 27,000 0.20% Subtotal Payroll Based 2,351,053 18.0% 2,442,896 18.3% 2,581,288 18.8% 2,461,845 18.23% Total Full -Time Benefits 5,104,566 39.1% 5,358,100 40.1% 5,482,288 39.9% 5,400,345 39.98% Part -Time and Seasonal Employees Fee Based Wellness 78,012 4.1% 72,199 3.8% 75,000 4.0% 75,000 3.89% Wellness - Boards & Commissions 8,100 0.4% 9,100 0.5% 9,100 0.47% Mini -Med Program 4,199 0.2% 16,000 0.8% 6,000 0.31% Payroll Based Pension Contribution 28,546 1.5% 30,115 1.6% 28,381 1.5% 28,910 1.50% Medicare 27,594 1.5% 27,899 1.5% 27,435 1.5% 27,946 1.45% Workers' Compensation Insurance 28,122 1.5% 26,153 1.4% 31,500 1.7% 27,500 1.43% Unemployment Compensation Insurance 4,060 0.2% 4,094 0.2% 6,622 0.4% 3,855 0.20% Subtotal Payroll Based 88,322 4.7% 88,261 4.7% 93,938 5.0% 88,210 4.58% Total Part -Time and Seasonal Benefits 166,334 8.8% 172,759 8.9% 194,038 10.3% 178,310 9.25% Total Benefits - All Employees 5,270,900 35.2% 5,530,859 36.1% 5,676,326 36.3% 5,578,655 36.14% -14- 11/2/2010 3 -1 -18 TOWN OF VAIL 2011 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERALFUND 2008 2009 2010 2010 2011 Actual Actual Budget Amended Proposed Comments Revenue Local Taxes: $ 19,631,366 $ 16,913,338 $ 16,600,000 $ 16,600,000 $ 16,900,000 Budgeted flat with 2009 Actual Sales Tax Split b/t Gen'I Fund & Capital Fund 59/41 52/48 61/39 61/39 61/39 Sales Tax $ 11,640,000 $ 8,760,000 $ 10,126,000 $ 10,143,624 $ 10,310,000 Property and Ownership 4,309,622 4,506,491 5.01 3,647 5.01 3,647 5.055,000 Ski Lift Tax 3,277,703 3,048,011 3,115,000 3,115,000 3,193,000 2.5% increase per year Franchise Fees, Penalties, and Other Taxes 1,075.209 944,084 1,056,126 1,074,564 1,087,402 3.0% increase (based on utilities sales) Licenses & Permits 3,903.026 1,440,972 732,200 1,082,200 732,200 Not assuming any major redevelopment projects Intergovernmental Revenue 1,706,197 1,611,570 1,544,000 1,717,830 1,524,065 County sales tax, road & bridge, Hwy users tax (based on 5 -yr avg); COPS & SAFER grants Transportation Centers 4,816,505 4,975,795 5,432,744 4,932,744 4,911,500 Updated for net reduction of $50K from policy change (add'I free hour) Charges for Services 1,000,733 717,653 724,775 711,768 702,963 Based on average collections in a normal year Fines & Forfeitures 396,707 330,660 260,000 260,000 305,000 Based on average collections in a normal year Earnings on Investments 571,073 170,353 115,000 115,000 194,000 Based on 1 % return on fund balances Rental Revenue 949,961 912,091 882,796 882,796 869,816 Based on average collections in a normal year Miscellaneous and Project Reimbursements 163,025 243,991 92,800 337,800 161,658 Based on average collections in a normal year Total Revenue 33,809,761 27,661,671 29,095,088 29,386,973 29,046,604 Expenditures Salaries 13,319,994 13,357,585 13,530,070 13,583,822 13,671,012 2% merit budgeted and 1 %one -time bonus pool Benefits 4,404,800 4,555,786 4,619,212 4,621,972 4,595,579 39.68% full-time benefits rate; overall rate 35.94/ Subtotal Compensation and Benefits 17,724,794 17,913,371 18,149,282 18,205,794 18,266,591 Contributions and Special Events 1,366,668 1,333,890 1,225,025 1,285,025 1,273,750 Based on staff and Council recommendations All Other Operating Expenses 7,038,794 4,892,123 6,206,218 6,363,876 5,869,021 7.9% reduction from 2010 amended; $1.2M reduction or 17% from 2008 Heavy Equipment Operating Charges 2,351,269 1,929,721 2,074,812 2,067,124 2,071,117 Based on estimated usage and fuel costs Heavy Equipment Replacement Charges 635,903 632,271 677,538 671,944 546,104 Based on scheduled replacement of fleet vehicles Dispatch Services 533,164 539,763 522,213 522,213 537,827 Represents 31% of total agency billings from the Dispatch Services Fund Total Expenditures 29,650,592 27,241,139 28,855,088 29,115,976 28,564,410 Revenue Over (Under) Expenditures 4,159,169 420,532 240,000 270,997 482,194 Transfer to Capital Projects Fund (441,000) (3,659,000) (3,749,000) _ $ 3.66M Transfer of General Fund fund balance for W. Vail Fire Station construction; $90K transfer of Library donations for use toward new self check system Employee Home Ownership Program (240,000) (240,000) - Total Expenditures 30,641,592 27,241,139 32,754,088 33,104,976 28,564,410 Surplus Net of Transfers & New Programs 3,168,169 420,532 (3,659,000) (3,718,003) 482,194 Beginning Fund Balance 19,834,717 23,002,885 22,289,811 23,423,417 19,705,414 Ending Fund Balance $ 23,002,885 $ 23,423,417 $ 18,630,811 $ 19,705,414 $ 20,187,608 As% of Annual Revenue 68% 85 96 64% 67% 70 11/2/2010 15 3 -1 -19 TOWN OF VAIL 2011 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERALFUND 2008 2009 2010 2010 2011 Actual Actual Budget Amended Proposed Revenue Local Taxes: $ 19,631,366 $ 16,913,338 $ 16,600,000 $ 16,600,000 $ 16,900,000 Sales Tax Split b/t Gen'I Fund & Capital Fund 59/41 52/48 61/39 61/39 61/39 Sales Tax $ 11,640,000 $ 8,760,000 $ 10,126,000 $ 10,143,624 $ 10,310,000 Property and Ownership 4,309,622 4,506,491 5,013,647 5,013,647 5,055,000 Ski Lift Tax 3,277,703 3,048,011 3,115,000 3,115,000 3,193,000 Franchise Fees, Penalties, and Other Taxes 1,075,209 944,084 1,056,126 1,074,564 1,087,402 Licenses & Permits 3,903,026 1,440,972 732,200 1,082,200 732,200 Intergovernmental Revenue 1,706,197 1,611,570 1,544,000 1,717,830 1,524,065 Transportation Centers 4,816,505 4,975,795 5,432,744 4,932,744 4,911,500 Charges for Services 1,000,733 717,653 724,775 711,768 702,963 Fines & Forfeitures 396,707 330,660 260,000 260,000 305,000 Earnings on Investments 571,073 170,353 115,000 115,000 194,000 Rental Revenue 949,961 912,091 882,796 882,796 869,816 Miscellaneous and Project Reimbursements 163,025 243,991 92,800 337,800 161,658 Total Revenue 33,809,761 27,661,671 29,095,088 29,386,973 29,046,604 Expenditures by Type: Municipal Services: Town Officials 1,224,007 1,161,906 1,234,126 1,279,126 1,295,861 Administrative Services & Risk Management 3,164,384 2,986,758 3,350,484 3,359,732 3,293,860 Community Development & Housing 3,327,400 1,888,707 1,847,525 1,947,525 1,715,097 Police 4,511,846 4,496,447 4,587,116 4,597,996 4,523,319 Police Communications 535,657 539,763 522,213 522,213 537,827 Fire 2,577,087 2,717,947 2,869,190 2,902,243 2,981,136 Public Works & Streets 3,717,159 3,357,816 3,649,854 3,652,561 3,563,430 Transportation & Parking 4,780,515 4,458,923 4,701,320 4,701,320 4,661,727 Facilities 3,442,983 3,308,598 3,872,255 3,872,255 3,733,318 Library 828,056 808,649 805,119 805,119 800,580 Economic Development 1,541,498 1,515,625 1,415,886 1,475,886 1,458,255 Total Expenditures 29,650,592 27,241,139 28,855,088 29,115,976 28,564,410 Revenue Over (Under) Expenditures 4,159,169 420,532 240,000 270,997 482,194 Transfer to Capital Projects Fund (441,000) (3,659,000) (3,749,000) Investment in Employee Home Ownership Program (240,000) (240,000) Total Expenditures 30,641,592 27,241,139 32,754,088 33,104,976 28,564,410 Surplus Net of Transfers & New Programs 3,168,169 420,532 (3,659,000) (3,718,003) 482,194 Beginning Fund Balance 19,834,717 23,002,885 22,289,811 23,423,417 19,705,414 Ending Fund Balance $ 23,002,885 $ 23,423,417 $ 18,630,811 $ 19,705,414 $ 20,187,608 %age of Fund Balance to Annual Revenue 68% 85% 64% 67% 70% 11/2/2010 6 3 -1 -20 Town of Vail Summary of Operating Expenditures 2010 2010 2008 2009 Original Amended 2011 Expenditures by Type: Actual Actual Budget Budget Budget Operating Expenses paid for by General Fund: Town Officials 1,224,007 1,161,906 1,234,126 1,285,713 1,295,861 Administrative Services & Risk Management 3,164,384 2,986,758 3,350,484 3,329,574 3,293,860 Community Development & Housing 3,327,400 1,888,707 1,847,525 1,951,861 1,715,097 Police 4,511,846 4,496,447 4,587,116 4,603,174 4,523,319 Police Communications 535,657 539,763 522,213 522,213 537,827 Fire 2,577,087 2,717,947 2,869,190 2,910,748 2,981,136 Public Works & Streets 3,717,159 3,357,816 3,649,854 3,657,039 3,563,430 Transportation & Parking 4,780,515 4,458,923 4,701,320 4,701,320 4,661,727 Facilities 3,442,983 3,308,598 3,872,255 3,872,255 3,733,318 Library 828,056 808,649 805,119 806,193 800,580 Economic Development 202,677 186,487 177,809 172,809 173,112 Information Center 200,722 200,336 209,990 209,990 202,990 Council Contributions 598,478 519,834 410,275 475,275 472,275 Commission on Special Events 539,620 608,968 617,812 617,812 609,878 Total paid by General Fund: 29,650,591 27,241,139 28,855,088 29,115,976 28,564,410 Operating Expenses paid for by Marketing Fund: Commission on Special Events 280,000 280,000 280,000 280,000 280,000 Operating Expenses paid for by RETT: Annual Park and Landscape Maintenance 1,143,289 1,145,481 1,323,478 1,333,114 1,317,340 Tree Maintenance 65,986 47,111 65,000 127,843 65,000 Rec. Path Capital Maint 325,114 123,406 150,000 261,196 104,094 Park / Playground Capital Maintenance 124,368 92,399 115,000 122,500 90,000 Street Furniture 14,178 18,113 22,500 22,500 22,500 Public Art - operating expenses 78,455 81,861 85,157 85,157 89,371 Alpine Garden Support 90,000 55,620 55,620 65,620 55,620 Black Gore Creek Sand Mitigation 93,431 38,937 90,000 90,000 50,000 Forest Health 209,750 189,442 265,000 265,000 145,000 Environmental Sustainability 166,036 205,379 250,000 378,160 250,000 Total paid by RETT: 2,310,607 1,997,749 2,421,755 2,751,090 2,188,925 Total Operating Expenditures 32,241,198 29,518,888 31,556,843 32,147,066 31,033,335 -8.4% 8.9% -3.5% 11/2/2010 7 3 -I -21 2011 Contribution Request Spreadsheet 2010 2011 Requests Council Approved at 9/21/10 2010 Cash 20101n- 2011 Cash 2011 In- In4Und TOWN OF VAIL FUNDING REQUEST Funded 2010 In -Kind Funded Kind Value Request 2011 1, -Kind Request Kind Approved In4Und Value GENERAL FUND Contributions: Value Cash ECONOMIC: A Bravo! Colorado i New York, Philharmonic 75,000 75,000 75,000 A Bravo! Colorado / Philadelphia Orchestra 75.000 75.000 75.000 A Bravo! Colorado /Music Matters Education & Outreach 7.500 7,500 7 500 A Bravo! Colorado - General operations 15 Ford Park Parking 15 Ford Park Parking 15 Ford Park Parkin 8 National Rersamory Orchestra 1,000 1 1,000 1.000 C Vail Farmers' Market Traffi, buse, or no 4.500 6,500 Traffic buses signs 4,500 Traffic. buses si ne 4.500 D Vail Jazz Festival June -Se '09 30 600 60.000 30.600 E Colorado Ski Museum 51,000 Reduction in Park 9.000 42,000 Reduction in rent 9,000 F Vail Valley Foundation Birdsof Prey (Dec. 1-4,05) TOV buses 10,000 TOV buses 13.000 TOV buses 13.000 American Ski Classic 5,000 parking vouchers 3,000 20 Parking vouchers 3,000 5;000 parking vouchers 3,000 Street Beal / Winter Cement Series 25650 PD & PW su on 7,500 40,000 PD & PW support 7.500 25,650 PD & PW support 7.500 Vail International Dance Festival 45 000 50,000 45,000 Gerald R. Ford Amphitheater (Her Summer Nights) 24.525 PD resence 2.800 27.500 PD presence 2,800 24,525 PD press- 2.800 UCI 2.1 Pro Cycling Event 175.000 colice public works. fire 15,000 Police, public works fire 15,000 G Vail Chamber & Business Association VCBA 10.000 10 000 Premier Im ressions " $10K granted from 2009 budge H Commission on Special Events 791.810 791,810 716.810 Allocated to the Pro-Cycling Event 75.000 Intercept Studies 50,000 Allocated to Climbing Wall World Cup 45.000 keep separate from CSE 45.000 45,000 1 Hoffman Outreach / Gay Ski Week 75.000 J Vail Entertainment District 40.000 K Ea re Cowitv Loan Fund / Home Buyer Assistance 5.000 TOTAL ECONOMIC 1.12fi 085 27 800 1.605,310 54,800 1.178 085 54800 EDUCATIONAL L Ea le Vsdrov Childcare - annual contribution 45.000 donate TOV computers & set up 50.000 45.000 M Vail 501h DVD / Summit Films 10.000 10.000 TOTAL EDUCATIONAL 45,000 60,000 55,000 RECREATION _ N Ski & Snowneard Club Vail Oct 28 - 31. 20101 2da s ice/revisit if an left over 2.650 4 days of ice 5.285 2 days of ice 2.650 0 VVMC Spruq Fashion Show & Luncheon Mar 24. 2010 3001 -clay parking asses 7.500 3001 -day parking sses 7.500 1. Ile arkin asses 7,500 P Vail Junior Hockey Association - Nov 2010 Tournament 5 days -Donovan/ no parking passes 10.125 9 days of ice + Donovan 1 day + parking passe 24.016 5 da c of ice +Donovan 1 day + parking asses 10,125 O Skatin Club of Vail Jul 14 -18'10 & Isle Dec.'10 5 da s ice %revisit if an leftover 6 625 9 da s of ice 11.891 5 do s of ice 6,625 R Secial Olm - cs SundasJan.Feb. Mar'10 42 arkin s - LH onl 1.050 42 rki asses 1.050 42 adein sses 1,050 S Vail Valle Athlete Commission (Be. item F) 6.000 8,500 8,000 T Foresi ht Ski Guides 2 blue a es LH only 2.200 2 arkin asses in Village 2,200 2 asses in Village 2.200 U US RaFlin Association USRA 15.000 TOTAL RECREATION 6.000 0 30 23.500 51,942 61000 30,150 SUBTOTAL - CONTRIBUTIONS 1,177,085 57,950 1,688,810 106,742 1.239,085 84,950 ARRANGEMENTS and AGREEMENTS: V Vail Va cy C, , , TV Ch5 Fra"c's, Fec 70.000 30% of collected Franchise Fees 70.000 30% of collected Franchise Fees 70.000 30% of collected Franchise Fees SUBTOTAL - ARRANGEMENTS and AGREEMENT 70,000 70.000 70,000 GRAND TOTAL General Fund 1247,085 57.950 1,758,810 106,742 1309.085 84 Real Estate Transfer Tax Fund: W lBefty Ford Alums Garden Foundation Operations 55.620 2 designated Ford Parks aces 1 75.000 2desi nated Ford Park summer; 2 winter passes 55,620 2designated Ford Park summer arkin s i5 X Eagle River Watershed Sediment Pollution Efforts 90.000 90.000 1 1 1 50.000 Grand Total 1,602,695 57.950 1 2.133,800 1 106,742 1.624,695 84,950 1 I' _ 010 1 - __ 18 2011 Contributions Please see the attached spreadsheet to coincide with the following background and recommendations. ECONOMIC A. Bravo! Colorado BACKGROUND INFORMATION: Bravo! Vail Valley Music Festival is requesting a total of $157,500 to help fund the 2011 Philadelphia Orchestra and the New York Philharmonic — Vail Residency programs. Bravo! is requesting $75,000 for each program, and $7,500 for the Music Matters Education and Outreach Program. STAFF RECOMMENDATION: Staff recommends funding at $157,500 (flat since the 10% reduction in 2009). Historically, the Town of Vail has contributed funding to the New York Philharmonic and the Philadelphia Orchestra Tier 1 programs. The cultural benefit to the Town of Vail and the tourist attraction of this event are major factors in staff's recommendation for funding. B. Bravo! Family Concert (National Repertory Orchestra) BACKGROUND INFORMATION: The Orchestra is requesting $1,000 to offset travel expenses associated with their annual concert in Vail. Each season, they perform a free family concert at the Ford Amphitheatre in conjunction with Bravo!. STAFF RECOMMENDATION: Staff recommends funding at $1,000 based on the cultural benefit to the town and the potential increase in drive traffic from the Summit area. C. Vail Farmer's Market BACKGROUND INFORMATION: Vail Farmer's Market is requesting $4,500 of in -kind value to cover the cost of services provided by the Town of Vail during the events, and $6,500 cash to cover the cost of traffic control. The Commission on Special Events (CSE) funded $48,000 toward the Farmer's Market in 2010. STAFF RECOMMENDATION: Staff recommends funding the in -kind request of $4,500 which will be included in the town's 2011 operating budget. Staff recommends consolidating the cash request with the funding provided by the CSE, as was done for 2010. D. Vail Jazz Foundation BACKGROUND INFORMATION: The Vail Jazz Foundation is requesting $60,000 to help fund the Jazz at Vail Square concert series (ten concerts) from June through September 1 st, the Vail Jazz Party during Labor Day weekend (7 sessions), and ten free summer concerts at the Vail Farmers' Market. Out of a total of 27 performances in Vail, the Foundation would propose that 20 of those be free to the public. STAFF RECOMMENDATION: Staff recommends funding a total of $30,000 ($30,600 funded in 2009 and 2010) to support the 10 Vail Square free concerts and the Labor Day weekend Vail Jazz 11/2/20W 3 -I -23 Party. Staff does not agree with an additional contribution for the Farmer's Market concerts, as those performances should be included in the costs for the Market funded through the Commission on Special Events. E. Colorado Ski Museum BACKGROUND INFORMATION: The museum is requesting in -kind of $9,000 (free rent) and cash of $51,000. The contribution will be used to help fund two new exhibits: The Colorado Ski & Snowboard Hall of Fame and The History of Colorado Snowboarding, and to fund a part -time Education Assistant position to help implement education programs. STAFF RECOMMENDATION: Staff recommends funding the in -kind request for free rent ($9,000) and a cash contribution of $42,000 (for a total contribution of $51,000) to help fund the two new exhibits. The town requests that the Town of Vail logo be prominent on the exhibits. The Ski Museum is considered a valuable town asset, similar to the Betty Ford Alpine Gardens, and staff would recommend annual support at the same dollar level in future years. The museum will have a critical role in future Vail events such as the 2015 World Championships and Vail's 50 anniversary. F. Vail Valley Foundation (VVF) BACKGROUND INFORMATION: The Foundation is requesting $137,500 of cash funding and $26,300 of in -kind for entertainment programs and winter events. (Street Beat; Vail International Dance Festival and Hot Summer Nights, Birds of Prey, and the American Ski Classic). In addition, the VVF has presented a proposed cycling event for 2011 and is requesting a cash contribution of $175,000 and in -kind of $15,000 contingent upon the event coming to fruition. STAFF RECOMMENDATION: Staff recommends funding the in -kind requests for the special events, although limits the Birds of Prey in -kind to $10,000 ($13,000 requested), and those costs will be built into the town's 2011 operating budget. Staff also recommends the same amount of cash funding as given in 2009 & 2010: $25,650 toward Street Beat; $45,000 to the Vail International Dance Festival; and $24,525 toward Hot Summer Nights, and $5,000 for the American Ski Classic for a total of $100,175. Staff supports the UCI 2.1 Pro - Cycling event, and recommends funding $100,000 from Vail Local Marketing District reserves, and $75,000 as an allocation from the Commission on Special Events. G. Vail Chamber & Business Association (VCBA) BACKGROUND INFORMATION: The VCBA is requesting $10,000 to be used for the Premier Impressions Program. STAFF RECOMMENDATION: Staff recommends funding the $10,000 contingent upon commitment from Vail Resorts, and that the Premier Impressions program is fully funded as budgeted (attached budget under item "G ") and implemented. H. Commission on Special Events (CSE) BACKGROUND INFORMATION: The CSE is requesting funding for various events, totaling $836,810 and an additional $50,000 to perform independent intercept surveys to assess the return on investment of various events to the town. 11/2/20W 3 -1 -24 STAFF RECOMMENDATION: Staff recommends funding the $836,810 with $75,000 allocated to the UCI 2.1 Pro - Cycling event and $45,000 allocated for the Teva Mountain Games World Climbing Cup (same as prior years). Staff supports the intercept study, but recommends funding through the Vail Local Marketing District to study events receiving over $20,000 of CSE dollars. An additional $52,929 of staffing & related expense is currently included in the town's 2011 operating budget. The entire CSE budget is part of the Economic Development Department of the town. EDUCATIONAL I. Hoffman Outreach ( "Vail Gay Ski Week" and "Singles Ski Week ") BACKGROUND INFORMATION: Hoffman Outreach has requested $75,000 of funding for marketing, advertising and event production goods for two events "Vail Gay Ski Week" and "Singles Ski Week ". Hoffman Outreach puts on events on behalf of other non - profit organizations to assist them with marketing, increasing memberships and to meet their fundraising goals. STAFF RECOMMENDATION: While increased group business is desirable, staff does not recommend funding from Council contributions for marketing and advertising. The Vail Local Marketing District pursues group business using lodging tax collections. Also, we recommend that Hoffman Outreach apply for funding from the Commission on Special Events for individual events (if applicable) that are planned during those two weeks. J. Vail Entertainment District (VED) BACKGROUND INFORMATION: VED is requesting $40,000 (16% of total estimated project costs) for consulting services during the launch of an entertainment district in Vail. Ultimately, VED would like to place media platforms throughout Vail and enhance the guest experience with tourist information and promotions. STAFF RECOMMENDATION: Staff is supportive of the study of this concept, but believes it is too early in the process to commit funding. If this group is successful passing the concept through the planning department, staff would ask that Council consider funding. K. Eagle County Loan Fund (ECLF) / Home Buyer Assistance BACKGROUND INFORMATION: The ECLF is requesting $5,000 in funding to be used for down payment assistance loans. These loans are available for employees within Eagle County to purchase deed restricted units. STAFF RECOMMENDATION: The ECLF received $5,000 from the Vail Local Housing Authority in 2009 and $15,000 in 2010. Staff recommends that the ECLF continue working with the Vail Local Housing Authority as a more appropriate resource for those funds. 11 /2/20 �1 3 -1 -25 L. Eagle Valley Childcare (EVC) BACKGROUND INFORMATION: The EVC has requested $50,000 of funding for 2011 to subsidize Town of Vail childcare. STAFF RECOMMENDATION: Because the town is a founding partner, staff recommends funding the same amount as 2009 and 2010 ($45,000) to be used for the Vail Childcare facility. This is the only childcare facility in Vail that provides infant care. M. Summit Films: Vail 50 DVD "In the Spirit of the Founders" BACKGROUND INFORMATION: Summit Films is requesting a total of $30,000 from July, 2010 through 2012 ($5,000 has already been awarded as an off -cycle contribution in 2010). These funds would be used for the production of a two hour DVD set documenting the first fifty years of Vail. To date approximately $195,000 has been committed to this project from other donors, including a $150,000 commitment from Vail Resorts. STAFF RECOMMENDATION: Staff recommends funding $10,000 for 2011, for a total of $25,000 over the three -year period. Because the town cannot commit funds beyond the current fiscal year, staff requests that Summit Films apply for annual funding forthe upcoming years (2012 requests will be considered in 2011). This endeavor is the first of several celebrations that the town intends to participate in for Vail's 50 anniversary and we look forward to the results of this project. RECREATIONAL N. Ski & Snowboard Club of Vail BACKGROUND INFORMATION: The Ski & Snowboard Club of Vail has requested in -kind funding of $5,285 for 4 days of ice for their annual Ski & Snowboard Swap event to be held Oct 27 — 30, 2011. STAFF RECOMMENDATION: Staff recommends funding this in -kind request for two days (out of four requested) with appropriate approval and coordination with the Vail Recreation District. The Ski & Snowboard Club will be responsible for hard costs for use of the Dobson Arena such as set -up, tear -down, cleaning, and utilities. Two days are recommended at this time because the town is currently recruiting participatory sporting events and may need to use some of our allocated free days to offset costs for those groups. However, if there are enough available days remaining prior to this event, staff recommends providing the full amount of days. O. Vail Valley Medical Center Volunteer Corps (VVMC) BACKGROUND INFORMATION: The VVMC is requesting in -kind funding for 300 parking vouchers for the Spring Fashion Show & Luncheon event on Wednesday, March 23, 2011. STAFF RECOMMENDATION: Staff recommends funding this in -kind request as in prior years. It is included in the town's 2011 operating budget. 11/2/20 �2 3 -1 -26 P. Vail Junior Hockey Association BACKGROUND INFORMATION: The Vail Junior Hockey Assn. is requesting $15,391 in -kind funding including $11,891 for 9 days of ice (3 weekends during November, 2011) and $3,500 for use of the Donovan Pavilion in the spring of 2011 for an End of Hockey Season gathering for volunteers, sponsors, parents, and players. In addition, they are requesting free or reduced parking in the LionsHead Parking Structure for the 3 weekend of the tournament (scheduled for November 18 — 20) at an estimated cost of $8,625. STAFF RECOMMENDATION: Staff recommends providing 5 days of ice time (out of 9 requested), subject to approval and coordination with the Vail Recreation District for the ice time. Staff recommends waiving the fee for Donovan Pavilion, contingent upon approval and coordination with the Donovan Management Company regarding availability. However, the Hockey Assn. will be responsible for hard costs for use of the Dobson Arena and Donovan Pavilion such as set -up, tear - down, cleaning, and utilities. The reduced days relate to the town's need for ice time as mentioned in item "N ". However, if there are enough available days remaining prior to this event, staff recommends providing the full amount of days. The parking request is estimated at a cost of $8,625. Staff does not recommend funding this request as the budget cannot support an increase from the prior year's contribution. Q. Skating Club of Vail BACKGROUND INFORMATION: The Skating Club of Vail has requested in -kind funding of $11,891 for 9 days of ice for two separate competitions (30 Annual Vail Invitational Championships and the 8 Annual Vail Mountain Fun Skating Competition) July 13 -17, 2011 and the Holiday Ice Shows in late December, 2011). STAFF RECOMMENDATION: Staff recommends providing 5 days of ice time (out of 9 requested) subject to approval and coordination with the Vail Recreation District. The Skating Club will be responsible for hard costs for use of the Dobson Arena such as set -up, tear -down, cleaning, and utilities. The reduced days relate to the town's need for ice time as mentioned in item "N ". However, if there are enough available days remaining prior to this event, staff recommends providing the full amount of days. R. Special Olympics BACKGROUND INFORMATION: The Special Olympics is requesting in -kind funding of $1,050 for a total of 42 parking vouchers for volunteers who train the athletes on 11 Sundays spanning January through March. STAFF RECOMMENDATION: Staff recommends funding this in -kind request, for the LionsHead parking structure only, with one -time entry /exit coupons (total of 42). S. Vail Valley Athlete Commission (see backup for item F) BACKGROUND INFORMATION: The Athlete Commission is requesting a $8,500 cash contribution to support local athletes. The athletes are also funded by the Vail Valley Foundation ($10,000 for 2011) and Vail Resorts ($10,000 for 2011). 11/2/20 �3 3 -1 -27 STAFF RECOMMENDATION: Staff recommends funding this request at $6,000 (flat with 2009 and 2010) in support of our athletes and for the international exposure for the Town of Vail. T. Foresight Ski Guides BACKGROUND INFORMATION: Foresight Ski Guides is requesting two parking passes for the Vail Village parking structure for January — April 2011 and November /December 2011. Foresight provides parking to volunteer guides, half of which drive from Denver. Local guides usually take public transportation and /or carpool. Foresight provides challenge recreation opportunities to visually impaired participants and guides, including the Colorado School for the Blind and soldiers blinded in Iraq and Afghanistan. STAFF RECOMMENDATION: Staff recommends providing two blue passes, restricted to the LionsHead parking structure, as was approved in 2010. U. U.S. Rafting Association (USRA) BACKGROUND INFORMATION: The USRA is requesting cash funding of $15,000 to support the Vail -based U.S. Raft Teams as they travel to national and international competitions during the 2011 season. Funding will also be used to defray general operating costs. STAFF RECOMMENDATION: Staff recommends that this team approach the Vail Valley Athlete Commission as this type of requests fits directly with the mission of that organization. ARRANGEMENTS & AGREEMENTS V. Vail Valley Community TV / Channel 5 BACKGROUND INFORMATION: Channel 5 is requesting a portion of the franchise fee the Town of Vail receives annually from Comcast. In 2010 this amount was budgeted at $70,000. STAFF RECOMMENDATION: Staff recommends funding the franchise fee at 30 %, approximately $70,000 based on 2011 budgeted franchise fee revenue. This recommendation is pending the outcome of the Comcast franchise agreement with the town. 11/2/20W 3 -I -28 REAL ESTATE TRANSFER TAX FUND W. Betty Ford Alpine Gardens BACKGROUND INFORMATION: The Alpine Garden Foundation is requesting funding of $75,000 for general operating, education programs and conservation expenses. They are also requesting for the first time two parking passes in the Vail structure along with the two designated summer parking spaces at Ford Park. The Garden hosts thousands of visitors per year and has achieved World - premier status as a high altitude garden. STAFF RECOMMENDATION: Staff recommends funding operating expenses at $55,620, flat with 2009 and 2010 funding. 2009 had been reduced by 10% from 2008. Staff is concerned with the sustainability of this organization upon review of their financial condition. A town staff member currently sits on the board with a non - voting seat. Staff requests that the Alpine Gardens grant the town a voting seat on the board. The Gardens will be provided Ford Park spaces for summer as in prior years, but the budget cannot support the new request for two blue passes. X. Eagle River Watershed BACKGROUND INFORMATION: The Eagle River Watershed is requesting $90,000 of funding. Of this request, $57,000 relates to the maintenance and monitoring of the Black Gore Creek, $18,000 for general operating support, $6,500 of public outreach /information, $6,500 for collaborative action monitoring with other local municipalities and $2,000 for Clean Up events. STAFF RECOMMENDATION: Staff recommends funding of $87,300 (a 3% reduction). Staff also recommends that not more than 20% go toward general operations, with the remainder for specific projects as they are completed. In 2009, $90,000 was funded in total but only $38,000 spent ($18,000 for general operations and $20,000 on programs). Another $90,000 was authorized in 2010, and year -to -date spending totals $42,000 ($18,000 for general operations, $7,000 on programs and $17,000 on flood damage assessment of stream banks and water quality). 11/2/20 W 3 -I -29 TOWN OF VAIL 2011 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2009 Budget Amended Actual 2010 2010 2011 Project Information Total Sales Tax Revenue: 16,913,338 $ 16,600,000 $ 16,600,000 $ 16,900,000 2011 flat with 2009 actual; 2% per year thereafter Sales Tax Split between General Fund & 58/42 61/39 61/39 61/39 Capital Fund Sales Tax - Capital Projects Fund 8,251,795 $ 6,474,000 $ 6,474,000 $ 6,590,000 Use Tax 713,582 500,000 600,000 500,000 No major projects assumed after2009; 3% annual increase after 2011 Federal Grant Revenue - 2,508,015 5,028,500 1,428,000 2010: $5.OM for transit center; $28.5K for Police Live Scan Interface software; 2011: $828K for bridge reconstruction, $600K buses Lease Revenue 201,450 184,500 184,500 184,500 Per Vail Commons commercial and residential leases Employee Housing Fee -In -Lieu 72,425 100,000 Project Reimbursement 246,858 709.100 Resale of Areas duplex 775,000 816,000 Resale of Arosa duplex constructed by the town Earnings on Investments and Other 109,605 18,000 18,000 2009: Based on earnings at .5%; 2010 1%; 2011 - 2014 at 2 9 % Total Revenue 9,619,715 10,459,515 13,930,100 8,702,500 Maintain Town Assets Bus Shelters 21,085 27,000 27,000 27,900 2010 - 2014 various repairs including deck topping replacement, expansionjoint repairs, ventilation, HVAC, Parking Structures 325,380 486,000 486,000 504,000 plumbing and other structural repairs; Starting in 2010 there is an offset from VRA (see transfer near bottom of sheet) 2010 implement energy audit recommendations $600K plus various repairs; 2011 various repairs; 2012: Facilities Capital Maintenance 263,423 473,000 1,073,000 450,000 $135K repairs to PW Admin and $105K repairs to Municipal building, $80K Main Vail Fire Stn electrical and other repairs Library Roof Replacement 400,000 - Added 5/4/10 due to deteriorating condition and inability to continue to fix; removed $400K from 2014 facilities capital Main Vail Station Roof Replacement 250,000 Added roof replacement 5/410; station remodel previously included in 5 -year plan removed Need to gut plumbing; electrical wiring; rooting, etc.; asbestos and mold remediation; 4 units were Creekside Housing Improvements 46,918 54,000 110,582 160,000 completed in 2010; plan to do 4 more in 2011; in 2012, complete remaining 4 units and replace exterior siding, stairs and decks Vail Village Inn Condo Roof (TOV Portion) - 17,000 17,000 Capital assessment from owners' association for space owned by town Street Light Improvements 65,765 67,500 67,500 67,500 New street lights and to refurbish residential lighting On -going maintenance to roads and bridges including asphalt overlays, patching and repairs; 2012 - 2014 Capital Street Maintenance 1,317,330 730,000 733,440 1,153,500 were previously updated for recent bid prices (savings of $925K); Assumes that we do not see a dramatic increase from current prices and that reconstruction of neighborhood roads and bridges occurs (without reconstruction, maintenance costs will increase) Audio Visual 35,271 8,000 33,879 10,000 2010: Council chamber streaming video and $8K far police car cameras; 2011 & beyond: $10K per year for replacement of cameras and recorders (assume 1 each per year) Document Imaging 136,421 110,000 130,592 116,000 Annual maintenance, licensing and contract position thou 2011; later years annual software licensing Software Licensing 12,382 37,000 37,000 33,640 Upgrade Microsoft products on all equipment in 2010; renew licenses in future Hardware Purchases 68,221 45,000 93,000 65,000 Scheduled rotation of PCs, printers and servers Data Center (Computer Rooms) 33,598 1 15,000 15,000 1 15,000 Based on annual replacement schedule of security and power systems for 3 computer rooms Website and e- commerce 12,000 12,000 27,000 Internet security & application interfaces; website redevelopment Comm Dev ArcGIS System 20,899 10,000 25,700 Web access to town GIS information (similar to County's website GIS product) Fiber Optics in Buildings 7,273 21,000 21,000 17,000 Cabling / Network Infrastructure; to repair, maintain & upgrade Network upgrades 16,014 30,000 30,000 21,000 Computer network systems - replacement cycle every 3 -5 years Computer Aided Dispatch (CAD) / RMS Project 41,769 55,000 55,000 57,000 County -wide "Computer Aided Dispatch /Records Mgmt System" includes patrol car laptops and software used to push information to TOV and other agencies Intergraph software upgrade 80,000 TOV portion of upgrade to computer -aided dispatch system Live Scan Interface 28,500 28,500 Funded by grant above; Links our Live Scan software to other agencies Total Maintenance 2,463,039 2,209,000 3 3,071,540 Enhancement of Town Assets Comm Bev Interactive Permit software 200,000 225,000 Replacement of Permit Plus software; allows for web access by customers New Fire Truck 570,000 New fire truck for additional station Library Self -Check System 90,000 Funded by library grants West Meadow Drive 520,539 83,189 Completion of projects under contract; $200K savings Village St- oscape 312,317 300,000 767,389 _ Future work may include newspaper boxes, Ch -point Charlie, Covered Bridge, VVD walk, etc. Per Council 7/7/09, defer $300K to 2010 for covered bridge heat and VVD heated walk 11/2/2010 3- 1 -30 -26- TOWN OF VAIL 2011 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2009 Budget Amended Actual 2010 2010 2011 Project Information Neighborhood Road Reconstruction 20,531 1,100,000 429,469 1,800,000 Overhaul residential streets '09 design; Construction 2010 Mill Creek; 2011 Vail Valley Drive reconstruction and 2012 -2015 East Vail roads Neighborhood Bridge Reconstruction - - 150,000 1,050,000 Matterhorn Bridge reconstruction moved to 2011 due to CLOT fiscal year and requirements; Partial funding from federal grant Parking Entry System /Equipment 118,388 - 13,000 - Metered lots; equipment obsolete and not servicable by vendor; Time sensitive for installation prior to next parking season Hybrid Bus Battery Replacement Scheduled replacement: 1 in 2012; 7 in 2014; Estimated life of 6 years Replace Buses 23,174 2,199,600 2,283,214 1 1,203,400 2010: 6 regular buses: 2011 2 Hybrid buses Timber Ridge Legal /Zoning 51,220 - 60,080 - For redevlopment project Manor Vail Street Plan - 83,800 - Expenditure related to impact fee paid by Manor Vail development; Keep funds in bugdet due to developer agreement Total Enhancements 1,246,172 3,799,600 4,755,141 4,053,400 New Assets Lions Head Transit Center (VRA) 5,500,000 $5.0 million from Federal grant; $288K transferred from VRA Welcome Center (VRA) 469,681 6,830,319 Funded by the Vail Reinvestment Authority (see Transfers below) Surface Parking Addition (VRA) 65,000 900,000 Funded by the Vail Reinvestment Authority (see Transfers below) Library Remodel 475,000 Funded by the Vail Reinvestment Authority (see Transfers below) West Vail Fire Station 102,548 2,800,000 5,300,000 Construction of West Vail Fire Station Areas Drive - Duplex for Employee Housing 517,681 288,358 Development project for deed - restricted housing Increased to $500K per year as of 2009 per Housing Strategic Plan; use Housing Pay-in -Lieu revenue to Buy -down Program 261,882 314,000 552,118 - offset the annual $500K per Council 10/20/09; removed annual contribution 5,410: fund through fee -in -lieu and focus housing projects on Chamonix and others (see next item for fee in -lieu budget) Buy -down Program Funded by Pay -in -Lieu 186,000 186,000 Housing funded directly by Pay-in -Lieu fees collected from developers Variable Message Signs / Way - Finding 62,320 65,000 193,653 180,000 2010: Solaris $93SK and Main Vail off ramps; '2011: $180K for Main Vail off ramps; 2012: Four Improvements Seasons /Middle Creek; 2013: EverVail; 2014: $65K each for Ford Park and Vail Parking structure 1 -70 Noise 18,320 251,639 383,180 - Construction of and East Vail berm would be phased; $751K accumulated amount and annual $250K budget removed 5/4/10 Chamonix Area Planning 20,265 - 50,000 - Continued work on Chamonix area planning Traffic Impact Fee study 8,355 - 21,645 _ Study to determine redevelopment impact on traffic / potential revenue; identified as a next step in transportation plan Total New Assets: 1,369,675 3,616,639 13,009,635 8,385,319 Total Capital before Financing 5,078,886 9,625,239 21,160,969 15,510,259 Debt Service on Outstanding Bonds 2,289,492 2,273,959 2,273,959 2,279,572 Potential to defease in 2010 pending outcome of ballot initiatives 60/61; There would be no net change to the expenditure for this item, just a timing difference Timber Ridge Debt Service Guarantee 925,000 Annual debt service guarantee - requirement of TR debt Total Expenditures 7,368,378 11,899,198 24,359,928 17,789,831 Other Financing Sources (Uses) Transfer to Vail Reinvestment Authority 2,479,515 2011 transfer traffic impact fees to VRA 2010: Transit Center ($500K). Wecome Center design (469K) LH parking addition feasibility study ($65K) Transfer from Vail Reinvestment Authority (1,194,681) (8,520,319) and LH Pkg onto $160K; 2011: Welcome Center construction ($5.51v), and LH Pkg mite $315K; 2012: LH Portal improvements $1.1 M, LH Pkg mtc $365K; 2013: $2.5M complete LH Portal and LH Pkg mile $31 OK; 2014 into $340K: 2015: into $350K Transfer from General Fund 3,659,000 3,749,000 Transfer of GF fund balance for West Vail Fire station Total Debt Service and Financing: (1,179,485) (4,943,681) (8,520,319) Revenue Over (Under) Expenditures 2,251,337 (260,198) (5,486,147) (567,012) Beginning Fund Balance 8,981,869 5.077,325 11,233,206 5,747,059 Ending Fund Balance 11,233,206 4 9 817 9 127 5,747059 5 'Promissory note due from Childrens' Garden of Leaning included in ending fund balance - not 15,000 10,000 spendable 11/2/2010 3- 1 -31 -27- TOWN OF VAIL 2011 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX 2009 Budget Amended Actual 2010 2010 2011 Comments Real Estate Transfer Tax $ 2,513,481 $ 4,283,000 $ 4,283,000 $ 4,670,000 Base sales flat with 2009 through 2015; Over 5 -yr period, major redevelopment sales assume only 2/3 of units sell at 80% of listfor Four Seasons, Ritz and Solaris; then only 2 resales per year thereafter for all major redevelopment projects Federal Grants 157,628 - 23,324 - Federal grants for Stephen's Park restoration ($6K), $3K for NWCOG Regional Energy Efficiency grant; $8K forweed control; $6.3K ECO Trails to stripe rec path Golf Course Lease 126,768 122,000 122,000 124,400 Annual lease payment from Vail Recreation District 2% annual increase - deposited to "Recreation Enhancement Account' (accompanying expenditure listed below) Intergovenmental Revenue 22,958 20,000 26,000 20,000 2010: $20K Lottery proceeds; $6K reimbursement from County for solid waste survey; 2011 -2015 Lottery proceeds Recreation Amenity Fees 72,308 10,000 10,000 10,000 Earnings on Investments and Other 136,150 40,402 46,402 15,879 2011 based on 1 % ; 2012 -15 1.5% Total Revenue 3,083,070 4,818,826 4,510,726 4,840,279 Maintain Town Assets Annual Park and Landscape Maintenance 1,145,481 1,323,478 1,333,114 1,317,340 Ongoing path, park and open space maintenance, project mgmt Management Fee to General Fund (5 %) 123,180 214,150 214,150 233,500 5% of RETT Collections - fee remitted to the General Fund for administration Rec. Path Capital Maint 123,406 150,000 261,196 104,094 Capital maintenance of the town's recreation path system Tree Maintenance 47,111 65,000 127,843 65,000 Regular maintenance for tree health within the town (spraying, removing, new trees); scale spraying on town -owned property at approx. $120 per tree Forest Health Management 189,442 265,000 265,000 145,000 Pine beetle mitigation in conjunction w/ forest service; 2011 -2015; Reduced manager to part-time and reduced seasonal positions from 6 to 4 Street Furniture Replacement 18,113 22,500 22.500 22,500 Annual replacement or capital repairs, includes bike racks Pars Playground Capital Maintenance 92,399 115,000 122,500 90,000 Repair & maintenance of playgrounds, restrooms, etc. Reconstruction of retaining wall that supports bike path through the underpass; 2011 additional $200K to complete the frontage Bald Mountain Flg Rd / Underpass Project 200,000 200,000 200,000 road widening for future bike path shoulders as part of underpass project. Project bid out one bid recd over current 2010 budget amount Alpine Garden Support 55,620 55,620 65,620 55,620 Annual support at 3% increase per year (2011 flat with 2009 and 2010) 2010 includes an off -cycle grant of $10K if BFAG raises $90K in donations Black Gore Creek Sand Mitigation 38,937 90,000 90,000 50,000 Annual support of water protection programs; reduced based on lack of program implementation; Will re-look each year at grant application Public Art - Operating 81,861 85,157 85,157 89,371 AIPP salary and operating expenses related to RETT Environmental Sustainabilily 209,264 250,000 378,160 250,000 Environmenal Sustainability salary and expenses Total Maintenance 2,124,814 2,835,905 3,165,240 2,622,425 Enhancement of Town Assets Timber Ridge - Buttehr Creek Rd separation 473,506 15,000 To finish path from TimberRidge to Roost: offset by Federal Grant of approx. $150K Stephen's Park Stream Repairs 66,000 Rebuilding of slreamside area due to erosion; partially funded by federal grant Trailhead Development / Improvement 24,000 Improve trailheads; Continued need through 2012 (one trail per year); Eliminated 2010 as of 9/15/09 ADA Compliance w/ VRD 46,101 10,000 25,000 10,000 Shared costs with VRD - ADA access at recreational facilities;new ADA regulations go into effect 2011 Greenhouse 5,000 - 2010 to finish greenhouse irrigation in spring 4 miles of bike lanes (6 foot shoulders) to be added prior to CDOT overlay project:, first priority is Blue Cow Chute to East Vail; path Frontage Road Bike Lanes/Trails 30,732 - 119,268 2,275,000 from Vail Mtn School to E. Vail exit; 2009 for design ($50K) and survey work ($100K); construction was budgeted in 2010; now pushed to 2011 and 2012. Ford Park Master Plan 171,983 200,000 328,017 2,150,000 Implementing a portion of master plan, which may include Ford Park parking options Ford Park Improvements - - - 200,000 Ford Park pathwork. restrooms and other improvements Seibert Circle 194,922 - 17,774 - To complete project Raw Water / Irrigation Control 5,259 - 366,493 - Water supply infrastructure; Orig plan to include in water bills, but interest rate now 5 %, so paying up front instead of financing Kayak Take -out - - 10,000 - Kayak lake -out area along stream (part of One Willow Bridge development agreement and must be accounted for separately) Stream Tract Encroachment Survey 50,800 - 14,081 - Survey along Gore Creek Red Sandstone Park - Per Safety plan - 439,000 464,000 _ Reconstruction of playground per safety plan; 20 years old; in -house design currently underway and staff working on a plan to deal ), 1/2 2010 with parking and ADA requirements. Recent acquisition of parking parcel - staff will present park options at future meeting 3- 1 -32 -28- TOWN OF VAIL 2011 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX 2009 Budget Amended Actual 2010 2010 2011 Comments Booth Creek Playground 15,000 Design in 2011; deferred construction until 2012 Booth Creek Park redevelopment 50,000 Design in 2011; deferred construction until 2012 Public Art - General program / art 27,188 80 221,816 80,000 To purchase sculptures, artwork, art programs and events; remainder is re- appropriated each year to accumulate enough funds Public Art - Morales relocation 164,728 Transferred from Seibert project to cover cost of relocating the Morales artwork Public Art - W interfest 63,446 Annual W interfest event; approximate cost of $25K per year; rely on donations Guest Enhancements 100,000 Planning and design only; implementation of $850K still on unfunded list Landscape Medians 109,689 - 190,311 Frontage road medians alongside redevelopment projects; working on lighting plan for in front of Solads, Vail Plaza and Four Seasons Total Enhancements 1,811,865 729,000 2,070,934 4,904,000 VRD- Managed Facility Projects Recreation Enhancement Account - 122,000 242,000 124,400 Reserve account for golf course improvements - funded by annual lease revenue Golf Course Irrigation 1,286,022 - 22,000 - 2010: to complete irrigation project (50% share with VRD) Improvements to golf course (tees, bridges, etc) and main clubhouse; 2010 includes 7th tee box retaining wall, 11th and 17th hole Golf Course and Clubhouse 12,724 33,000 996,550 753,187 bridges:. 2011 includes roofing, HVAC, boilers. stucco and trim work, and parking lot asphalt for the clubhouse (currently no plans to move forward, but budget based on lease agreement) Golf Course - Maintenance Bldg 196,137 200,000 141,000 - 2010: improvements to maintenance building including stucco, wood trim and soffits; 2014 asphalt driving and parking area Dobson Ice Arena 624,919 100,000 240,000 128,159 2011: Replace original hot water systems based on energy study (2 x 1200 gallons); Large quantity needed for ice maintenance Ford Park/ Tennis Center Improvements 175,000 290,986 227,423 Retaining walls, repair of outbuilding structure, walkways, restroom roof and renovation of locker room Youth Services 97.907 25,000 25,000 2010: furnaces (may wait until 2011 due to potential Welcome Center project) Gymnastics Center 25,000 25,000 2010: cooling system (may wait until 2011) Nature Center 10,000 10,000 2012 wood open rail fencing:, 2015 wood siding and trim Total VRD - Managed Facility Projects 2,217,709 690,000 1,992,536 1,233,169 New Assets Public Restrooms 670,000 Restrooms at W. Meadow Drive & Vail Road; Pushed from '09 to'l1 Total New Assets: 670,000 Total Expenditures 6,154,388 4,254,905 7,228,710 9,429,594 Revenue Over (Under) Expenditures (3,071,318) 563,921 (2,717,984) (4,589,315) Beginning Fund Balance 17,288,265 8,401,043 14,21Q947 11,498,983 Ending Fund Balance' $ 14,216,947 $ 8,964,964 1 $ 11,498,963 1 $ 6,909,648 Promissory note due from Vail Recreation District of $1,028,000 is included in the fund balance and not spendable 11/2/2010 3 -1 -33 -29- Note: Costs are preliminary estimates Eligible for Funding From Capital VRA (TIF) RETT Projects Fund Priority I Guest Services Enhancements 850,000 Wayfinding; things to enhance "linger strategy'; fund from RETT as part of park/walking path system:, $150K for design in 2010/2011 Parking Expansion - LionsHead $181M - $36.2M Projects and costs currently under review Parking Expansion - Ford Park . Structure $30.OM - $54.OM Projects and costs currently under review Parking Expansion - Ford Park . Surface $9.74M - $18.5M Projects and costs currently under review Parking Expansion - North Frontage Road 1,239,000 Various areas Parking Expansion - South Frontage Road 9,511,000 5,461,844 Includes parking from Cascade to PW Shops Simba Run Underpass Feasibility Study 400,000 Study to evaluate project; potential for federal funding if available in the future Energy Audit Enhancements $ TED $60OK included in 2010 budget; High priority for items which save energy and money; could be funded from any of the three sources depending upon the assets location and /or use; projects and costs currently under review Chamonix Site Development - Housing $ TED Funding for infrastructure: estimated costs to come from RFQ Main Vail Station - major remodel 975,000 Removed from funded list 5'4/10 Subtotal Plenty 1 9 850,000 7,675,844 Priority II East Vail Fire Station Remodel 775,000 Roof and parking lot already done; this is the third worst building of the town's assets N. Frontage Rd -East Vail 2,100,000 Frontage Road - Ford Park 5,635,000 These three projects would include turn lanes, bike paths, etc. based on the town's Transportation Master Plan N. Frontage Rd - West Vail 7,513,000 Frontage Rd - LionsHead 7,484,000 From Evergreen to EverVail Main Vail Round -about Major Reconstruction 3,600,000 West Vail Round -about Major Reconstruction 1,000,000 Golf Course Clubhouse 7,000,000 Will likely require site work at additional cost; should be shared project with VRD LionsHead Park 800,000 Previous estimate; Still researching appropriate location LionsHead Information Center Renovation 550,000 Will be replaced with the Welcome Center if that project moves forward LionsHead Parking Structure Enhancements 3,500,000 Does not add spaces, but brings remainder of structure up to standards of new transit center and current codes; enhances guest experience; includes heated stariways on east side Muni Bldg HVAC replace & minor renovations 2,400,000 Replace air handling system and improve airflow; paint, replace carpet, replace ceilings, etc. which may be damaged in construction; move people temporarily Cumulative Priorities I and 11 21,445,000 8,650,000 30,698,844 Priority III Simba Run Underpass 19,500,000 VRA funding available outside TIF district as long as project reduces or prevents blight within the district East LionsHead Circle 1,200,000 Streenscalge in front of structure from LionsHead entry to Dodson arena -final connections to Vail Village Town Shop Improvements 9,225,000 Cumulative Priorities 1, 11, and 111 42,145,000 8,650,000 1 39,923,844 Municipal Building - complete remodel $ TBD Further study required: may be done in connection with other projects Library Remodel - Phase 11 1,475,000 Included in discussions for VRA bond issue, but ultimately was not included in the bond - funded projects. Future presemationm Council Note: This list has been updated for projects that are now included in the VRA bond issue 1 1/2/2010 3- 1 -34 -30- TOWN OF VAIL 2011 BUDGET PROPOSAL SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE VAIL MARKETING FUND 2009 2010 2010 2011 Actual Budget Amended Proposed Revenue Business Licenses $ 317,190 $ 312,000 $ 317,500 $ 317,000 Earnings on Investments 1,215 - - - Total Revenue 318,405 312,000 317,500 317,000 Expenditures Commission on Special Events 280,000 280,000 280,000 280,000 Collection Fee - General Fund 15,681 15,600 16,100 16,100 Total Expenditures 295,681 295,600 296,100 296,100 Revenue Over (Under) Expenditures 22,724 16,400 21,400 20,900 Beginning Fund Balance 83,635 100,169 100,169 121,569 Ending Fund Balance $ 106,359 $ 116,569 $ 121,569 $ 142,469 DEBT SERVICE FUND 2009 2010 2011 Actual Budget Proposed Revenue Transfer from Capital Projects Fund $ 2,289,492 $ 2,273,959 $ 2,279,572 Earnings on Investments and Other 5,847 - - Total Revenue 2,295,339 2,273,959 2,279,572 Expenditures Principal 1,980,000 2,035,000 2,115,000 Interest Expense 296,295 238,331 165,681 Fiscal Agent Fees 3,950 4,000 4,000 Refunding Bonds Issuance Costs - Total Expenditures 2,280,245 2,277,331 2,284,681 Revenue Over (Under) Expenditures 15,094 (3,372) (5,109) Beginning Fund Balance 174,334 189,428 186,056 Ending Fund Balance $ 189,428 $ 186,056 $ 180,947 11/2/2010 3- I -3A1- TOWN OF VAIL 2011 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HEAVY EQUIPMENT FUND 2009 2010 2010 Actual Budget Amended 2011 Comments Revenue Town of Vail Interagency Charge $ 2,636,688 $ 2,836,464 $ 2,836,464 $ 2,694,081 Insurance Reimbursements & Other 124,695 - - - Earnings on Investments 14,323 10,298 10,298 10,324 Equipment Sales and Trade -ins 77,238 123,240 168,240 203,550 Total Revenue 2,852,944 2,970,002 3,015,002 2,907,955 Expenditures Salaries & Benefits 947,824 965,912 965,912 971,528 2% merit pool increase per year Operating, Maintenance & Contracts 1,013,185 1,244,911 1,244,911 1,186,873 3% annual increase Capital Outlay 612,152 784,500 1,082,928 1,035,400 Total Expenditures 2,573,161 2,995,323 3,293,751 3,193,801 Use of fund balance over a period of Revenue Over (Under) Expenditures 279,783 (25,321) (278,749) (285,846) years to offset annual increases Beginning Fund Balance 2,063,818 1,975,436 2,343,601 1,950,115 Ending Fund Balance $ 2,343,601 $ 1,950,115 $ 2,064,852 $ 1,664,269 11/2/2010 3 -I -3; TOWN OF VAIL 2011 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE DISPATCH SERVICES FUND 2009 2010 2010 2011 Actual Budget Amended Proposed Comments Revenue E911 Board Revenue $ 753,913 $ 754,108 $ 754,108 743,656 Interagency Charges 1,150,659 1,162,231 1,162,231 1,214,925 Town of Vail Interagency Charge 539,763 522,213 522,213 537,827 Earnings on Investments 7,946 5,000 5,000 7,500 Other 78,860 - 3,000 - Total Revenue 2,531,141 2,443,552 2,446,552 2,503,908 Expenditures Salaries & Benefits 1,691,378 1,854,062 1,854,062 1,849,958 Operating, Maintenance & Contracts 441,695 511,633 514,633 519,006 Capital Outlay 69,731 50,000 123,000 800,000 Radio Console project Total Expenditures 2,202,804 2,415,695 2,491,695 3,168,964 Revenue Over (Under) Expenditures 328,337 27,857 (45,143) (665,056) Beginning Fund Balance 962,344 1,048,694 1,290,681 1,245,538 Ending Fund Balance $ 1,290,681 $ 1,076,551 $ 1,245,538 $ 580,482 1 1/2/2010 3 - 1 _ -3�3 - TOWN OF VAIL 2011 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE CONFERENCE CENTER FUND 2009 2010 2011 Actual Budget Proposed Revenue Taxes Sales Tax Public Accomodations Tax Penalties and Interest on Delinquent Taxes Subtotal Taxes - - - Other Earnings on Investments 60,178 46,500 46,800 Total Revenue 60,178 46,500 46,800 Expenditures - General Government Management Fee - - - General Supplies and meetings Capital Outlay Total Expenditures - - - Revenue Over (Under) Expenditures 60,178 46,500 46,800 Beginning Fund Balance 9,264,476 9,324,654 9,371,154 Ending Fund Balance $ 9,324,654 $ 9,371,154 $ 9,417,954 HEALTH INSURANCE FUND 2009 2010 2011 Actual Budget Proposed Revenue Town of Vail Interagency Charge - Premiums $ 2,512,230 $ 2,510,000 $ 2,565,000 Employee Contributions 263,196 305,000 410,000 Insurer Proceeds 365,165 100,000 270,000 Earnings on Investments 10,465 5,000 10,000 Total Revenue 3,151,056 2,920,000 3,255,000 Expenditures Health Inusrance Premiums 321,081 365,000 360,000 Claims Paid 2,903,459 2,650,000 2,990,000 Short -term Disability Pay 24,811 35,000 35,000 Professional Fees 20,000 20,000 20,000 Total Expenditures 3,269,351 3,070,000 3,405,000 Revenue Over (Under) Expenditures (118,295) (150,000) (150,000) Beginning Fund Balance 1,339,460 1,221,165 1,071,165 Ending Fund Balance $ 1,221,165 $ 1,071,165 $ 921,165 11/2/2010 3 -1 -3�4 ORDINANCE NO. 17 SERIES OF 2010 ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1, 2011 THROUGH DECEMBER 31, 2011 WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado, the Town Manager prepared and submitted to the Town Council a proposed long -range capital program for the Town and a proposed budget and financial plan for all Town funds and activities for the fiscal year; and WHEREAS, it is necessary for the Town Council to adopt a budget and financial plan for the 2011 fiscal year, to make appropriations for the amounts specified in the budget; and NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado, for the enactment hereof, have been fulfilled. 2. Pursuant to Article IX of the Charter, the Town Council hereby makes the following annual appropriations for the Town of Vail, Colorado, for its fiscal year beginning on the first day of January, 2011, and ending on the 31 st day of December, 2011: FUND AMOUNT General Fund 28,564,410 Capital Projects Fund 17,789,831 Real Estate Transfer Tax Fund 9,429,594 Vail Marketing Fund 296,100 Debt Service Fund 2,284,681 Heavy Equipment Fund 3,193,801 Health Insurance Fund 3,405,000 Dispatch Services Fund 3,168,964 Total 68,132,381 Less Interfund Transfers (8,412,180) Net Expenditure Budget 59,720,201 Ordinance No. 17, Series of 2010 11/2/2010 3 -1 -39 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2011 fiscal year for the Town of Vail, Colorado, which are incorporated by reference herein and made part hereof, and copies of said public records shall be made available to the public in the Municipal Building of the Town. This Ordinance shall take effect five (5) days after publication following the final passage hereof. 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 5. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 6. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 7. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 2nd day of November, 2010. A public hearing shall be held hereon on the 16th day of November, 2009, at 6:00 pm at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 17, Series of 2010 11/2/2010 3 -1 -40 TOWN (ffr VA M VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 2, 2010 ITEM /TOPIC: Resolution No. 26, Series 2010, a resolution approving a budget and making appropriations to pay the costs, expenses and liabilities of the Vail Local Marketing District, for its fiscal year January 1, 2011 through December 31, 2011. PRESENTER(S): Kathleen Halloran and Kelli McDonald ACTION REQUESTED OF COUNCIL: Staff recommends approval of the resolution and budget as submitted. BACKGROUND: The VLMD 2011 Operating Plan was presented to Council and approved on September 21, 2010. Additional background information is included in the attached memorandum. STAFF RECOMMENDATION: Staff recommends that Council approve Resolution No. 26, Series 2010 approving the submitted budget and appropriating $1,999,750 for marketing related expenditures beginning on the first day of January, 2011 and ending on the 31 st day of December, 2011. ATTACHMENTS: Vail Local Marketing District 2011 Budget Memorandum Vail Local Marketing District 2011 Budget Resolution No. 26, Series 2010 11/2/2010 MEMORANDUM TO: Town Council FROM: Kathleen Halloran and Kelli McDonald SUBJECT: Vail Local Marketing District 2011 Budget DATE: November 2, 2010 1. BACKGROUND The mission of the Vail Local Marketing District (VLMD) is to market and promote Vail to attract overnight guests primarily during the May — October time frame, creating economic vitality by increasing both the visitor base and lodging sales tax revenues. Results to date (May 1 — August 31, 2010) show an increase in event attendance, lodging occupancy and sales tax collected over the summer of 2009 and compared to other mountain resorts measured. On September 21, 2010 Council approved the 2011 VLMD Operating Plan. There have been no changes since that time. The marketing objectives outlined in the plan were: • Drive incremental overnight spring, summer and fall bookings • Increase sales tax revenue at 1% above inflation • Continue to build long -term brand awareness that drives short -term sales • Increase market share by widening audience reach with Destination and International guests while maintaining loyal guest base • Continue to position Vail as a world - class, year -round destination brand 2. BUDGET DETAIL Revenue from lodging tax collections are estimated at $1,745,000 for 2011, flat with the 2010 budget and a 2.3% increase from 2009. The assumptions used for this projection are consistent with the town's expected sales tax revenue for 2011. Regarding expenditures for 2011, the attached budget proposal includes $1,999,750 for 2011 programs, with $100,000 allocated for the Quiznos Pro Challenge Bike Race as directed by Council. Although the ending fund balance currently present for 2011 of $325,404 is 19% of annual revenues, staff is forecasting higher- than - budget lodging tax collections for 2010 which would increase that fund balance to approximately 25% (Council's directive is a minimum fund balance of 25 %). As outlined in the operating plan which was approved by Council on September 21, the following shifts were made from the 2010 budget to the 2011 budget to address changing consumer travel behavior and economic realities: • Destination budget doubled to $445,650 for a greater online presence, including search engine marketing and optimization, display advertising, 1 11/2/2010 4 -1 -I mobile marketing (new) and to incorporate international guest focus in an attempt to grow overnight visitation by destination guests • Professional fees reduced 15% for a total savings of $58,000 • Front Range budget stayed in tact to maintain presence and share of market. Efforts will focus both on brand building as well as tactical offers built around lodging and events to drive overnight stays • Group and Meeting budget stayed in tact but shifted focus to direct sales in Colorado and additional focus on participatory sports • PR budget stayed in tact to continue to maintain presence regionally, nationally and internationally • Photo /video budget increased $40,000 to continue to build assets of new events and developments coming on line as well as ambassador videos • Research budget increased $20,000 to include an intercept study of CSE events as directed by Council • Web site budget decreased 33% to reflect updates only since the new site was built in 2010 for a total savings of $25,000 • Branding budget decreased more than 50% since VLMD now has the brand platform and assets and will only require revisions in 2011 for a total savings of $50,000 • Council directed $100,000 to be allocated toward the Quiznos Pro Challenge Bike Race The budgetary shifts reflect the goal of shifting dollars from building the brand in 2010 to attracting more overnight guests to Vail through additional outreach and sales in 2011. 3. ACTION REQUESTED OF TOWN COUNCIL Staff recommends that Council approve Resolution No. 26, Series 2010 approving the submitted budget and appropriating $1,999,750 for marketing related expenditures beginning on the first day of January, 2011 and ending on the 31s day of December, 2011. ATTACHMENTS VLMD 2011 Budget Resolution No. 26, Series 2010 2 11/2/2010 4 -1 -2 Vail Local Marketing District 2011 Proposed Budget 2009 2010 2011 Actual Budget Proposed Income 310 Lodging Tax 1,706,008 1,745,000 1,745,000 313 Other Income 566 - - 399 Interest Income 4,222 6,025 1,200 Total Income 1,710,796 1,751,025 1,746,200 Expense Total 6301 Destination 283,215 228,725 445,650 Total 6302 Front Range 502,340 351,000 347,000 Total 6303 Groups and Meetings 339,486 315,000 330,000 6304- Public Relations Expenses 118,000 100,300 101,300 6305- Fulfillment 1,084 3,000 - 6306 - Photo /Video - 65,000 108,000 6307- Research 28,000 23,500 45,800 6308 - Web Site 90,320 75,000 50,000 6310 - Admin Miscellaneous 8,203 9,675 7,500 6315- Email Marketing 24,775 25,500 24,500 6316.01 - Events - Winter 37,699 - - 6318 - Asset Marketing 8,837 - - 6320 - Branding 220,371 95,000 45,000 7000 - Professional Fees 7001- Legal and Accounting 20,000 20,000 20,000 7003- Advertising Agent Fees 83,000 55,000 50,000 7007- Marketing Coordination- VVP /TOV 125,000 125,000 125,000 7008- PR - Professional Fees 100,000 100,000 100,000 7010- Strategic Advisory Fees 23,000 20,000 20,000 7011- Partnership Fees 7015 - Ft Range Promotion Fees 53,125 50,000 40,000 7016 - Strategic Alliance Fees & Trvl 50,000 42,500 40,000 Total 7011 - Partnership Fees 103,125 92,500 80,000 7013 - Concierge Program 48,000 40,800 - Total 7000 - Professional Fees 502,125 453,300 395,000 8000 - Event Funding: Quizno's Pro Challenge Bike Race - - 100,000 Total Expense 2,164,455 1,745,000 1,999,750 Net Income (453,659) 6,025 (253,550) Beginning Fund Balance 1,026,588 572,929 578,954 Ending Fund Balance 572,929 578,954 325,404 %age Fund Balance (25% required) 33% 33% 19% 1 1 /2/201 4 -2 -1 RESOLUTION NO. 26, SERIES 2010 A RESOLUTION APPROVING A BUDGET AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE VAIL LOCAL MARKETING DISTRICT, FOR ITS FISCAL YEAR JANUARY 1, 2011 THROUGH DECEMBER 31, 2011. WHEREAS, the Town Council received and approved the operating plan and budget for fiscal year 2010 on September 21, 2010; and WHEREAS, in accordance with CRS section 29 -1 -106 a notice of budget hearing has been published; and WHEREAS, notice of this public hearing to consider the adoption of the proposed Vail Local Marketing District budget was published in the VAIL DAILY on the 27th day of October, 2010; and NOW THEREFORE, LET IT BE RESOLVED by the Vail Local Marketing District of Vail, Colorado, as follows: The Vail Town Council approves the submitted budget and appropriates $1,999,750 for marketing related expenditures beginning on the first day of January, 2011, and ending on the 31 day of December, 2011. Attested: Signed: Town Clerk Dick Cleveland, Mayor 11/2 /2010 4 -3 -1 TOWN (ffr VA M VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 2, 2010 ITEM /TOPIC: Ordinance No. 19, Series of 2010, An Emergency Ordinance amending Title 14, Development Standards, Chapter 10, Design Review Standards and Guidelines, Section 5 Building Materials and Design, establishing an administrative procedure allowing the administrator to approve an otherwise prohibited design standard upon determination of an imminent peril to life and property and amending the criteria for review of nonconforming roof covering materials; setting forth details in regard thereto; and declaring an emergency. PRESENTER(S): George Ruther ACTION REQUESTED OF COUNCIL: Approve, approve with modifications or deny Ordinance No. 19, Series of 2010, an emergency ordinance. BACKGROUND: On October 19, 2010, the Vail Town Council instructed staff to prepare an emergency ordinance proposing amendments to certain provisions of the adopted Developemnt Standards to provide greater flexibility and the administration of Section 5, Building Materials and Design, Title 14, Vail Town Code and allow cse by case review of design review applications for structures in town with nonconforming roof covering materials. ATTACHMENTS: Ordinance 19, Series of 2010 11/2/2010 ORDINANCE NO. 19 SERIES OF 2010 AN EMERGENCY ORDINANCE AMENDING TITLE 14, DEVELOPMENT STANDARDS, CHAPTER 10, DESIGN REVIEW STANDARDS AND GUIDELINES, SECTION 5 BUILDING MATERIALS AND DESIGN, ESTABLISHING AN ADMINISTRATIVE PROCEDURE ALLOWING THE ADMINISTRATOR TO APPROVE AN OTHERWISE PROHIBITED DESIGN STANDARD UPON DETERMINATION OF AN IMMINENT PERIL TO LIFE AND PROPERTY AND AMENDING THE CRITERIA FOR REVIEW OF NONCONFORMING ROOF COVERING MATERIALS; SETTING FORTH DETAILS IN REGARD THERETO; AND DECLARING AN EMERGENCY. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town "), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council') have been duly elected and qualified; and WHEREAS, on February 6, 2007, the Council adopted Ordinance No. 3, Series of 2007, establishing regulations requiring all new roofs constructed in the Town to utilize a Class A rated assembly or Class A roof covering material and prohibiting the continued use of wood shake roof covering materials, and WHEREAS, Ordinance No. 3, Series of 2007, established implementation procedures which required an entire non - conforming roof of a structure to be replaced at the same time without exception, and WHEREAS on February 19, 2008, the Council adopted Ordinance No. 3 Series of 2008, an ordinance amending Ordinance No. 3, Series of 2007, to allow only a portion or portions of a non- conforming roofs to the replaced provided a change in roof covering materials complied with certain design guidelines and did not change along a shared roof ridge or a common roof plane, and WHEREAS, the Council has received input from a residential property owner expressing concern that the adopted design standards prevents the replacement of non - conforming roofs and may result in unintended consequences for the Town and property owners, and WHEREAS, in response to said input the Council has instructed Town Staff to prepare an emergency ordinance proposing amendments to certain provisions of the adopted Development Standards to provide greater flexibility in the administration of Section 5, Building Materials and Design, Title 14, Vail Town Code and allow case by case review of design review applications for structures with non - conforming roof covering materials; and WHEREAS, it is not the intent of this emergency action to circumvent or otherwise alter the Ordinance No. 19, Series of 2010 11/2/2010 5 -1 -I desired policy outcomes of the Town's adopted Development Standards whereby structures shall have a uniform roof covering and exterior building materials, including roofs, and ensure that they are compatible, complementary and integral to the architectural style of development in the Town, and WHEREAS, Section 4.11 of the Charter provides that an ordinance may be passed as an emergency measure for the preservation of the public property, health, welfare, peace or safety, upon unanimous vote of all members of the Council present or a vote of five members of the Council, whichever is less, and WHEREAS, in order to properly administer the purpose and intent of Title 14, Development Standards of the Vail Town Code, the Town Council finds that it should take an emergency action and adopt the amended design standards and procedures as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that Section 14- 10 -5(F), Building Materials and Design, Chapter 10, Design Review Standards and Guidelines, Title 14, Development Standards, Vail Town Code shall be amended as follows: 1. F. All structures shall have class A roof assemblies or shalmil -Ra=a. class A roof covering materials, as defined by the adopted building code. The -- of Concrete tile; natural slate; synthetic slate; metal; asphalt, fiberglass shiRgle or synthetic shingles; and built up tar and gravel roofing ma y be pe FFn i tted are allowed roof covering materials. Metal roofing `" hen permi tted shall not reflect direct sunlight onto an adjacent property and shall be surfaced with a low gloss finish or be capable of weathering to a dull finish. Metal roofing, WheR peFmitted, shall be of a heavy gauge to prevent hail and wind damage. a+44 seam). Metal roofing shall provide visual texture and relief to the roof surface through the use of standing seam, corrugated roofing, metal shingles, etc. Tile and shingle roof covering materials shall provide visual texture and relief through the use of shingle thickness, depth, pattern, stagger, color variation, etc. ShiRgleS, WheR PeRnitted, shall weigh Re le-66 th-AR three hupt-AFed (300) P96IRGIS PeF Fee" sure- The use of wood shake, wood shingles and rolled roofing shall Ret he PeFFnitted is prohibited. Structures T we family and- mu dWe shall be required to have uniform roof covering materials, except when the deSigR Feview heard de+er.m.ire-s that the it can be demonstrated that different roofing covering materials are compatible and complementary to each other and they are integral to the architectural style of the structure. A change in roof covering materials along a shared roof ridge or within a common roof plane is prohibited unless the administrator certifies in writing that the prohibition poses an imminent peril to life or property. Ordinance No.19, Series of 2010 11/2/2010 5 -1 -2 1. Nonconforming cc +rte Roof Covering Materials: All structures that do not have a class A roof assembly or class A roof covering material, or structures with wood shake, 9-F wood shingles, or another nonconforming roof covering material shall come into compliance as follows: a. Repair And Maintenance: Repair and maintenance of twenty five percent (25 %) or more of the total roof area of a Single - family rlWelling a Sire of ° b family rlWelling 9-.F 9-f -;;A eRtiFe MUltiple family dwe" structure within a twelve (12) month period, or fifty percent (50 %) or more of the total roof area in any time period shall require compliance of the e nt i re total roof of the single - family rlWellin^ the Side of . structure. b. Additions: All additions affecting roof area of the structure shall trigger compliance with this title o the reef S +r, ,g+, ,re of except for a onetime exemption of up to five hundred (500) square feet of GRFA, eeeaFFOng approved after February 6, 2007, where any addition of roof area does not share a roof ridge or common roof plane gage with nonconforming roof covering materials. —,-aP4 Fn � yal�yThe adrli+innal reef ar ea Shall nnnferm to reefing reg„Ia+innc and Shall he deemed nmmpa+ihle by the design reVieW beard , r TyVe- F Q+rl ,nfi,re6: I Inns r nfing nee Side of - finin_ family GlWelling the n+her �r , cirle mrni he req ,firer! +n he rernnfed if the twe M\ Sides have ree f syste ms +ham+ chore d P eFF i tte �h,y the de innT�Te�i hn�rr! e ���� e rleemer! nmmp+ihl a e TTITC '.'. if +h ... - Are ral +n he hi+ Upal le the ,,r ,e r! Share a valley nr de nn+ �#eg,�,-- � + -- �- r�a�es -sue, �„�str� �a+�� info rcen+ �r d- c. Developments With Multiple Structures: M-AtGh P-* FnateF the GGRfGFFn Fnate—r shal be deemed- roe- mpat w the rJecign reVieW hn;;rd A single structure within a multiple structure development may replace a nonconforming roof covering material with an approved roof covering material. All otherstructures within the development shall match or shall be of roofing covering materials that are compatible and complementary to each other and are integral to the architectural style of the structure. - ;;Pr -- ] r+ifferen+ materials rin nn+ Share any ridges nr nlanec but m re w sha a , 2. Applicability: The provisions of this subsection shall apply to new construction, reroofing, repairs and maintenance, multiple structure developments, - use of the 250 ordinance, per section 12 -15 -5 of this code, and a# additions except those exempt, per subsection 12- 11 -3 C2 of this code. Ordinance No.19, Series of 2010 11/2/2010 5 -1 -3 3. Reefing Roof Covering Material: The use of aRy FGGfiRg roof covering materials, including those not specifically identified by this section, shall only be permitted, unless otherwise prohibited by this code, where the design review board finds: a. That the pFepesed -roof covering material is satisfactory in general appearance, quality overtime, architectural style, design, color, and texture; and b. That the use of the ppepesed roof covering material complies with the intent of the provisions of this code; and c. That the use of the pFepesed roof covering material is compatible with the structure, site, surrounding structures, and overall character of the town of Vail; and d. That the roof covering material is noncombustible or aids in the prevention of fires. 2. Due to the immediate need by the Town to respond to the input expressed by a residential property owner regarding the replacement of nonconforming roof covering materials, an emergency exists which requires the immediate passage of this ordinance as an emergency measure, and it is hereby declared that the approval of this ordinance as an emergency measure is necessary for the preservation of the public property, health, welfare, peace or safety. 3. Pursuant to Section 4.11 of the Charter, this ordinance shall be finally passed on the date hereof and shall be effective on the date hereof. This ordinance, as adopted by the Council, shall be numbered and recorded by the Town clerk of the Town in the official records of the Town. The ordinance shall be authenticated by signatures of the Mayor and Town Clerk of the Town, and shall be published within ten days of the date hereof as required by the Charter. 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 5. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 6. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise Ordinance No. 19, Series of 2010 11/2/2010 5 -1 -4 any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED AND FINALLY PASSED AS AN EMERGENCY MEASURE AND ORDERED PUBLISHED ONCE IN FULL this 2 nd day of November, 2010. Richard Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 19, Series of 2010 11/2/2010 5 -1 -5 Oik TW VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 2, 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 of a request for a conditional use permit pursuant to Section 12 -9C -3, Conditional Uses, Vail Town Code, to allow for the construction of active outdoor recreation areas, facilities, and uses (lightning shelter), generally located at the #3 green of the Vail Golf Course /Tract E, Vail Village Filing 7, and setting forth details in regard thereto. PRESENTER(S): Bill Gibson, Planner and Appellant's Representative Sherman & Howard LLC ACTION REQUESTED OF COUNCIL: 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 September 27, 2010 decision. Pursuant to Section 12 -3 -3, Appeals, Vail Town Code, the Vail Town Council may grant a continuance (table) this item to a future hearing to allow the parties additional time to obtain information. BACKGROUND: On September 27, 2010 the Planning and Environmental Commission approved a request for a conditional use permit pursuant to Section 12 -9C -3, Conditional Uses, Vail Town Code, to allow for the construction of active outdoor recreation areas, facilities, and uses (lightning shelter), generally located at the #3 green of the Vail Golf Course /Tract E, Vail Village Filing 7, and setting forth details in regard thereto. On October 13, 2010 the appellants Susan P. Johnson and Vail Mortgage Trust, represented by Sherman & Howard LLC, filed an appeal of the Planning and Environmental Commission's decision.On October 25, 2010 Staff received a phone call from the appellants' representative Jim Wear, Sherman & Howard LLC, requesting that the Vail Town Council table this appeal to a future hearing to allow the appellants additional time to obtain information about lightning shelters at other golf courses. STAFF RECOMMENDATION: Staff recommends the Vail Town Council denies the appellants' request for a continuance and proceeds with a hearing of this appeal.Staff recommends the Vail Town Council upholds the Planning and Environmental Commission's September 27, 2010 decision based upon the conclusion that the Commission's decision meets the standards and conditions imposed by the requirements of the Vail Town Code. ATTACHMENTS: Town Council memo 110210 Appellant's appeal PEC memorandum_ 092710 PEC memo attachments_ 092710 PEC results 11/2/2010 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: November 2, 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 -9C -3, Conditional Uses, Vail Town Code, to allow for the construction of active outdoor recreation areas, facilities, and uses (lightning shelter), generally located at the #3 green of the Vail Golf Course/Tract E, Vail Village Filing 7, and setting forth details in regard thereto. (PEC100037) Appellant: Susan P. Johnson and Vail Mortgage Trust, represented by Sherman & Howard LLC Planner: Bill Gibson I. SUBJECT OF THE APPEAL The appellants, Susan P. Johnson and Vail Mortgage Trust, represented by Sherman & Howard LLC, filed 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 -9C -3, Conditional Uses, Vail Town Code, to allow for the construction of active outdoor recreation areas, facilities, and uses (lightning shelter), generally located at the #3 green of the Vail Golf Course /Tract E, Vail Village Filing 7, and setting forth details in regard thereto. On July 21, 2010 the Design Review Board conceptually reviewed two proposed lightning shelters at the Vail Golf Course, one shelter at holes #11 & 17 and the other at green #3. On September 13, 2010 the Planning and Environmental Commission approved a conditional use permit to allow for the construction of a lightning shelter at holes #11 and 17 at the Vail Golf Course. Due to an error in the published hearing notice, a discussion of a proposed lightning shelter at the #3 green was rescheduled and re- noticed for the Commission's September 27, 2010 hearing. On September 15, 2010 the Design Review Board approved a New Construction design review application for both lightning shelters at the Vail Golf Course with a condition that the design review approval was contingent upon the applicant obtaining conditional use permits for the shelters. On September 27, 2010 the Planning and Environmental Commission approved the applicant's request for a conditional use permit to allow for the construction of a lightning shelter at the #3 green of the Vail Golf Course by a vote of 3 -1 -1 (Viele opposed, Pratt recused). On October 6, 2010 Staff approved a Change to Approved Plans design review 1 11/2/2010 6 -1 -1 application to allow for the removal of the interior walls of the golf course lightning shelters. The applicant, Scott O'Connell, Vail Recreation District, testified that the changes were a response to recommendations from the Design Review Board, input from adjacent property owners, and a desire to reduce the construction costs associated with the shelters. On October 13, 2010 the appellant filed an appeal of the Planning and Environmental Commission's September 27, 2010 conditional use permit approval. According to this appeal, the lightning shelter will adversely affect the appellants for the following reasons: • The lightning shelter "is located extremely close to the home of the Johnsons." • The lightning shelter "will have a visual impact on the property of the Johnsons." • The lightning shelter "is located so close to Vail Valley Drive, it will be an attractive nuisance to persons wishing to use it for purposes other than a lightning shelter. Thereby creating an unsafe and incompatible use of the neighborhood. " • `A much better, and less intrusive, location would be near the tee box of hole number 4 which has been discussed and rejected by the VRD staff for no compelling reason. " • "this type of shelter does not provide lightning protection and should actually be avoided during a lightning storm." The appellant's appeal (Attachment A), the September 27, 2010 Staff memorandum to the Planning and Environmental Commission (Attachment B), and the Planning and Environmental Commission's September 27, 2010 hearing results (Attachment C) have been attached for review. II. SUBJECT PROPERTY The subject property is Tract E, Vail Village Filing 7 of the Vail Golf Course. III. STANDING OF APPELLANT Pursuant to Section 12 -3 -3, Appeals, Vail Town Code, the appellants have standing as adjacent property owners to appeal the Planning and Environmental Commission's September 27, 2010 decision. On October 13, 2010 the appellants filed an appeal of the Commission's decision within the required 20 calendar days from the Planning and Environmental Commission's final 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 September 27, 2010 decision. Pursuant to Section 12 -3 -3, Appeals, Vail Town Code, the Vail Town Council may grant a continuance (table) this appeal to a future hearing to allow the parties additional time to obtain information. V. STAFF RECOMMENDATION 2 11/2/2010 6 -1 -2 On October 25, 2010 Staff received a phone call from the appellants' representative requesting that the Vail Town Council grant a continuance (table) of this appeal to a future hearing to allow the appellants additional time to obtain information about lightning shelters at other golf courses. Staff recommends the Vail Town Council deny the appellants' request for a continuance and proceed with the hearing of this appeal. The appellants were informed of the proposed lightning shelter at the Vail Golf Course #3 green with a September 13, 2010 Planning and Environmental Commission public hearing notice mailed to the appellants and published in the newspaper on August 27, 2010. Upon discovering an error in that notice, the lighting shelter application was moved to the Commission's September 27, 2010 hearing and a new public notice was sent to the appellants and published on September 12, 2010. The appellants' representatives voiced opposition to the #3 green lightning shelter at both Commission hearings. Based upon Vail Recreation District testimony, the District informed the appellants of the proposed lightning shelter prior to the Town of Vail sending formal notice of the Planning and Environmental Commission hearings. Staff believes the appellants have been given adequate notice about the proposed lightning shelters and adequate time to form a position on the lightning shelter conditional use permit approval. The appellants are opposing the proposed lightning shelter because it "is located extremely close to the home of the Johnsons" and "will have a visual impact on the property of the Johnsons." Staff agrees the proposed lightning shelter may be visible from the Johnson and Vail Mortgage Trust residences (less so from the latter). The proposed lightning shelter will be setback 20 feet from the Johnson's property and 99 feet from Vail Mortgage Trust's property. This setback is more restrictive than the 15 foot setbacks required for both the Johnson's and Vail Mortgage Trust's houses from the golf course. The appellants are opposing the lightning shelter because it "is located so close to Vail Valley Drive, it will be an attractive nuisance to persons wishing to use it for purposes other than a lightning shelter. Thereby creating an unsafe and incompatible use of the neighborhood." At the September 27, 2010 Planning and Environmental Commission hearing, Scott O'Connell, Vail Recreation District, testified that he discussed this concern with the Vail Police Department. O'Connell testified that the Vail Police Department did not perceive the proposed lightning shelter as a public safety risk. At the September 27, 2010 hearing, Commission Kurz noted that should someone attempt to use the proposed lightning shelter inappropriately, the situation could be resolved within minutes with a single phone call to the Vail Police Department or the Vail Recreation District. The appellants are opposing the proposed lightning shelter because "A much better, and less intrusive, location would be near the tee box of hole number 4 which has been discussed and rejected by the VRD staff for no compelling reason." Hole #4 of the Vail Golf Course is located on a different parcel of land which is located in a different zone district than the #3 green. Relocating the proposed lightning shelter to the #4 tee box area will require the review of a new conditional use permit application and a new design review application. At this time, Staff does not support or oppose the relocation of the proposed lightning shelter to hole #4. Staff believes additional information is needed to better understand the following: potential impacts to traffic visibility /line -of -site at the Vail Valley Drive and Ptarmigan Road intersection, potential impacts to existing utilities, potential impacts to existing street snow storage areas, potential impacts to adjacent property owners, potential impacts to the #4 tee box and golfing area of play, etc. 3 11/2/2010 6 -1 -3 The appellant is opposed to the proposed lightning shelter because "this type of shelter does not provide lightning protection and should actually be avoided during a lightning storm." The appellant has included two articles in their appeal addressing small shelters and lightning safety. The Vail Recreation District testified at the Planning and Environmental Commission's hearing that the proposed lightning shelter design and location was based upon recommendations by their golf course architects and that the lightning shelter is necessary for the guest safety at the Vail Golf Course. The Community Development Department recommends the Vail Town Council upholds the Planning and Environmental Commission's September 27, 2010 decision based upon the Staff's September 27, 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, Tract E, Vail Village Filing 7 of the Vail Golf Course, is located within the General Use District. • Pursuant to 12 -9C -3, Conditional Uses, Vail Town Code, active outdoor recreation areas, facilities, and uses (including lightning shelters) are allowed in the General Use District. • On September 27, 2010 the Planning and Environmental Commission held a public hearing on the applicant's request for a conditional use permit in accordance with Section 12 -16 -5, Planning and Environmental Commission Action, Vail Town Code. • On September 27, 2010 the Planning and Environmental Commission reviewed the proposed lighting shelter conditional use permit application in accordance with 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. " • Staff's September 27, 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: 4 11/2/2010 6 -1 -4 "1. The Vail Golf Course is an allowed land use in the General Use District. Staff believes the proposed lightning shelter is a safety feature necessary for the operation of this public golf course. The proposed lightning shelter is intended to provide temporary refuge for golf course patrons during periods of inclement weather. 2. Staff believes the proposed lightning shelter is necessary for the safe operation of the Vail Golf Course recreation /public facilities. The proposed shelter is one story in height and does not have enclosing walls. This design is intended to minimize the appearance of building bulk and mass and to minimize impacts to light and air. The applicant is proposing to construct the proposed lighting shelter in a location they believe will provide emergency golfer access with the least visual impact to adjacent property owners. There are no utilities such as water, sewer, electrical, or mechanical associated with the proposed lightning shelter. The proposed lightning shelter is only intended as a temporary refuge from inclement weather. Staff does not believe the proposed shelter will negatively affect the distribution of populations, transportation facilities, schools, or park facilities. 3. The proposed lightning shelter is located on the golf course and is only intended to be accessed by golf course patrons from the course. The proposed lighting shelter is not designed to be accessed from a public street, bike trail, or sidewalk. Staff does not believe the proposed lightning shelter negatively affects the traffic concerns identified by the criterion. 4. The proposed lightning shelter is a one story "Bavarian theme" structure intended to the aesthetically compatible with the new pump house and storage facilities recently constructed near holes #11. The proposed lightning shelter does not have enclosing walls. This design is intended to minimize the appearance of building bulk and mass. The applicant is proposing to construct the proposed lighting shelter in a location they believe will provide emergency golfer access with the least visual impact to adjacent property owners. " • On September 27, 2010 based upon the review of the Staff's memorandum to the Planning and Environmental 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 General 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. 5 11/2/2010 6 -1 -5 3. The proposed conditional use permit complies with each of the applicable provisions of Chapter 12 -16, Conditional Use Permit, Vail Town Code. " • On September 27, 2010 the Planning and Environmental Commission approved the applicant's request for a conditional use permit to allow for a lightning shelter at the #3 green of the Vail Golf Course by a vote of 3 -1 -1 (Viele opposed, Pratt recused). • On October 13, 2010 the appellant filed an appeal of the Planning and Environmental Commission's September 27, 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 Section 12 -3 -3, Appeals, Vail Town Code. The Community Development Department recommends the Vail Town Council makes the following conclusion: 'Based upon a review of the Staff's September 27, 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 September 27, 2010 approval of a request for a conditional use permit pursuant to Section 12 -9C -3, Conditional Uses, Vail Town Code, to allow for the construction of active outdoor recreation areas, facilities, and uses (lightning shelter), generally located at the #3 green of the Vail Golf Course /Tract E, Vail Village Filing 7, and setting forth details in regard thereto, meets the standards and conditions imposed by the requirements of the Vail Town Code." Based upon this conclusion, the Community Development Department recommends the Vail Town Council makes the following motion: 'Based upon a review of the Staff's September 27, 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 September 27, 2010 approval of a request for a conditional use permit pursuant to Section 12 -9C -3, Conditional Uses, Vail Town Code, to allow for the construction of active outdoor recreation areas, facilities, and uses (lightning shelter), generally located at the #3 green of the Vail Golf Course /Tract E, Vail Village Filing 7, and setting forth details in regard thereto, based upon the conclusion that the Commission's decision meets the standards and conditions imposed by the requirements of the Vail Town Code. " V. ATTACHMENTS A. Appellant's appeal received on October 13, 2010 B. Staff memorandum to the PEC dated September 27, 2010 C. September 27, 2010 PEC hearing results 6 11/2/2010 6 -1 -6 I E C E T W - E J. i Appealis Form D . Department of Community Development OCT 1 3 2010 T OMOPVA 75 South Frontage Road,, Vail, Colorado 81657 teL 970.479.2139 fax: 970.479.2452 . web: www.vailciov.com TOWN OF VAIL 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. Conditional use ennit A ction/ Decision being appealed: to Section 12 -9C -3, Conditional Uses, . P P Vail Town Code, to allow for the construction of active outdoor recreation areas facilities, and uses (fightnina shelt generally located at the #3 green of the Vail Golf CoursefFract E, Vail Village Filing #7. Dateof Action /Decislon: September 27, 20 10 Board-or Staff parson rendering action /decision: Planning and Emviromnental Commission Does this appeal involve a specific parcel of land? (yes) (ice If yes,.. are..you..an.adjacent.property. owner.? (yes) _. ................... ......... ........ ............... .... .... ... .... . .... _.- ............... ................_.____....._._. Nance of Appellant(s): Susan P Johnson & Vail Mortgage Trust Mailing Address: c% Sherman & Howard, LLC, AWL J. Wear, 1000 S. Frontage Rd. W., Suite #200. Vail, CO 81657 phone: (970) 476 -7646 Physical Address ess in Vail: • See attached Exhibit A. Legal Description of Appellant(s) Property in Vall: Lot *,_Block: - Subdivision: See attaclwd Exhibi A Appellants) Signature(s): See attached Exhibit A i -(Attach. a list of signatures If more space is required). ......... ............................... subiniIttal Requirements: See attached Exhibit B 1. On a separate sheet or separate sheets of paper, provide a detailed explanation of how you are an j "aggrieved or adversely affected. person ". 2. Olt 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'llst of• names and addresses (both mailing and physical addresses 'in Vail) of all owners of property who are the subject of the appeal and adjacent property. owners (itiduding owners whose. properties are -separated from the subject property by a right -of -sway, 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 }JAIL, DEPARTMENT OF COMMUNITY DVELOPMENT, . 75 SOUTH FRONTAGE ROAD, VAIL, COLORADO 81657. __.._ ._.__.____.' .............._.... pcir;pe•tJ:064y:;: : ; Fs•: , .; 'te R Ive ,r ;? Plat%i[ier Pto3?.No.; F: lcdeAFORMSkPERMr .MP1annipg\Applicauons\lppeals iloc \ ` "-' G) 12-11 2005 j 11/2/2010 6 -2-1 i EXHIBIT A TO APPEALS FORM Physical Address in Vail: Susan P. Johnson 1195 Vail Valley Drive Vail, CO 81657 Vail Mortgage Trust 1191 Hornsilver Circle Vail, CO 81657 Legal Description of Appellant(s) Property in Vail: Susan P. Johnson — Lot 14, Block 6, Vail Village Filing No. 7 Vail Mortgage Trust — Lot 3, Block 2, Vail Valley Appellant(s) Signatures: Su , P. John y James R. Wear her authorized agent Vail MortgagSjTbist-, J ar .a�es,R—We it's authorized agent BUS 11/2/2010 6-2-2 EXHIBIT B SUBMITTAL REQUIREMENTS TO APPEALS FORM EXHIBIT B-1 1. On September 27, 2010, the PEC approved a conditional use permit pursuant to Section 12-9C-3 of the Vail Town Code for a lightning shelter located near the number 3 green of the Vail golf Course for the benefit of the Vail Recreation District. The lightning shelter is within approximately 40 feet of the home belonging to Susan P. Johnson at 1195 Vail Valley Drive and close to the Vail Mortgage Trust home located at 1191 Hornsilver Circle. It is also located very close to Vail Valley Drive. The shelter will adversely affect my clients for several reasons. It is located extremely close to the home of the Johnsons. One of the criteria for the issuance of a conditional use pen number 12-16-1 is its effect on surrounding properties, and if it is found to be detrimental to other uses and properties it should be denied. The shelter will have a visual impact on the property of the Johnson. In addition, since it is located so close to Vail Valley Drive, it will be an attractive nuisance for persons wishing to use it for purposes other than a lightning shelter. Thereby creating an unsafe and incompatible use for the neighborhood. A much better, and less intrusive, location would be near the tee box on hole number 4 which has been discussed and rejected by the VRD staff for no compelling reason. Additionally, the purported reason for the facility was use as a lightning shelter. However, there was no discussion of the fact that this type of shelter does not provide lightning protection and should actually be avoided during a lightning storm. The National Lightning Safety Institution and the Office of Emergency Management for the State of New York, among others, state that a shelter which does not contain specific lightning protective equipment and proper grounding should be avoided during a lightning storm (see attached Exhibit C and D). The approved structure does not contain any lightning protection and thereby there is no purpose for this shelter to be located in this location since it creates an unsafe attraction to golfers during a lightning storm. For these reasons this conditional use permit should be denied. BUS 11/2/2010 6-2-3 i EXHIBIT B SUBMITTAL REQUIREMENTS TO APPEALS FORM EXHIBIT B -2 2.. This is an appeal of the PEC decision to grant a conditional use permit pursuant to Section 12 -16 -5 of the Vail Town Code for a Conditional Use of property in General Use District (Section 12- 9C -3). BUS_RE\3593401.1 11/2/2010 6 -2 -4 N e ..• : n cr a` C G) z �. LM Ln C G p o n m r cu n J t!l < s; 9 -Y ej ?,Z r:7 't;sJ tU cli D N N tU N C 0 CL CL 4A CL � w n N y 4, O •ftb W 00 0 LD N N uj sg Z C W N m C C w rn "z` LIJ (� ^ as -n C a r + O � c CL 3 : W C C tD n N rQ Ch Ln 1 4 Kr : Ln ro C C C C c ni ^G ro W D < W W n m O O A i p W W r ._► O >: O r %t` * O 0 A tE 11/2/2010 6 -2 -5 EXHUBIT C ( TO APPEALS FORM i Contact Us » I _ S t �.,:'_... Site Map» Home » # Back to Section 5 Contents » National Lightning Safety Institute September 30, 2010 i Section 5.5.5 Small Shelters and Safety fr � � m Ltghtning By Richard Kithil, President & CEO, NLSI Vladimir Rakov, Ph.D., Dept. of Electrical and Computer Engineering, University of Florida Copyright © 2001 Society of Automotive Engineers, Inc., Published as Paper Number 2001- 01 -2s, Used with permission 1. Abstract Small open shelters are common on athletic fields, golf courses, parks, roadside picnic areas, schoolyards, and elsewhere. Many of these shelters are built to protect against rain or sun, not lightning. What can be done to minimize risk /maximize safety for people inside them under direct and indirect lightning strike conditions? Although -there is no such thing as a lightning -proof small outdoor shelter, a properly designed and installed lightning protection system may make a difference. Sometimes the difference is between life and death. 2. Lightning Hazard There are five mechanisms of lightning related injury and death: direct strike, touch voltage, side flash (or surface arc), unconnected upward discharge, and step voltage (Lee, 1977; Cooper, 2000). About half of cloud -to- ground flashes form two or more terminations when striking the earth.. Lig htning is known to strike tall objects considerably below their tops.. Many lightning discharges are likely to produce electrical arcs developing radially along the ground su.rface_frorzi..th.e..strike. point. In the context of lightning safety, a conservative and prudent approach always is suggested. 3. General Information on Lightning Protection of Structures A basic1ightning protection system (LPS) against direct strikes to an ordinary structure includes (1) air terminals, (2) down conductors, and (3) ground terminals. These three elements of the LPs must form a continuous conductive,path (actually at least two paths) for lightning current, with all connections between the elements typically being accomplished by bolting or welding. The function of the LPs is to intercept lightning and safely direct its current to ground. A metal roof and /or structural metal framework (including metal support posts) can be a part of P4e . 'LPs if they are electrically continuous. A ground terminal may be a ground rod or a buried bare conductor wire enciA ing the structure (also called a loop conductor j or a ring electrode). The ring electrode grounding design is beneficial in { ,t 'at it also serves to equalize potential on the ground surface and to intercept electric arcs developing along or under he ground surface toward the shelter from lightning strikes outside the ring. ............. 4. Shelters Unprotected from Lightning In the absence of the three - element lightning protection system des bed above, the structure should be considered unprotected from lightning. Small shelters with or without lightning piotection should be avoided where possible during thunderstorms A disclaimer statement should be posted on each unprotected shelter by the organization running the outdoor facility. Such a disclaimer er tY m should include a clear statement that the structure does not afford protection from lightning. It would also be appropriate here. to include a concise lightning guideline for personal safety. These "lightning safety tips" are available from the US Golf Association, the National Weather Service, the National Lightning Safety Institute, and other groups. i, http : / /www.lightningsafety.com/hlsi R nn/smaUshelters.htrnl 9/30/2010 11/2/2010 6 -2 -6 umauauexueryanabarelyzrOrn National Lightning Safety Institute Page 2of 3 5. Shelters Protected from' Lightning A small shelter equipped with a properly designed and installed LPs may provide reasonable protection from direct lightning. It is essential, however, that a person inside the shelter does not touch any element of the LPs and tries to position himself or herself at approximately the same distance from all down conductors. Electrical signs, pop machines, water faucets, Irrigation controllers, etc. can increase personal hazards inside the shelter should lightning strike nearby. Shelters should be located in relatively low areas, preferably surrounded by large number uf trees of approximately the same height. They should not be located on hilltops, near metallic fences, power poles, tall trees, or near water. A small shelter, even one protected as described here, should be viewed as the last resort option. Refuges,with much higher safety levels such as large buildings and fully enclosed metal vehicles should be sought instead when time permits. .. A small recreation shelter with peaked roof should have an overhead shield Winasystem or Franklin rod system. Shield vvimemahou|dbosuopendedontaUpn|cstofonma"tenVm/ardioshe{tecOvarhmmdoh|a|dvv|nes should ba connected tn buried ground terminals via down conductors on the poles. Franklin rods on the roof should be connected to at least two down conductors on two diagonally opposite sides of the shelter; buried ground terminals should be connected to each of the down conductors. To improve grounding efficiency and to equalize ground potential inside the shelter we suggest the use of buried metal mesh connected to the ground terminals. Flooring made of clean rock and placed on the mesh may provide additional safety advantages. Aw described in IEEE Std OO,"Guide for Safety inAC Substation Gmmunding", coarse gravel 4-6 inches in depth retards evaporation of topsoil moisture. IEEE Std 80 includes an abstract of a French study (Bodier, 1948) describing coarse gravel as an effective insulating barrier. 6. Case Studies 1. Massachusetts 1996. A golf course shelter was located on a hilltop scenic vista with several tall trees located close by. Three golfers sought refuge from a violent hailstorm in the shelter. Lightning struck an adjacent tree and ground surface arcs entered the shelter. one pehaon was killed and two were injured. 2. Illinois, 1985. A group of seven or eight people was huddled in an open wooden shelter during a thunderstorm. One person, wearing a Sony Walkman radio headset, stood just inches away from the wet asphalt shingled roof. When lightning struck, he was killed and others were injured. 3. Colorado, 1994. Two hunters were cooking on a charcoal stove under an outdoor shelter with a metal roof. One person was standing on a metal table positioned inside the shelter. His head was close to the roof. Lightning hit the roof. He was killed and his companion was injured. 7~ Conclusion This paper outlines general principles of the lightning protectilon of small opdn shelters. The most recent edition of NFPA- 780 "Standard for the Installation of Lightning Protection Systems" should be consulted for further Information. Itcontains many details With diagrams for the installation of air terminals, placement and sizing of conductor wires, use of aluminum vs. copper, suggested grounding design ppOons, maintenance, etc. It ia generally possible to find a local company that installs lightning protection un buildings and trees. Look |n the Yellow Pages for "Lightning Protection" and "Electrical Contractors." These companies should follow minimum standards | recommendations of the NFPA-780 "Standard for the Installation of Lightning Protection Systems". The Underwriters | ' Laboratories guideline Is similar and is called "Installation Requirements for Lightning Protection Systems - UL96A." i S. References 1. ANSI/IEEE Std 80-1986, IEEE Guide for Safety in AC Substation Grounding, Institute of Electrical and Electronics Engineers, New York, NY. - . 2. Cooper, M.A,200D.The fifth mechanism of lightning injury. In Proc. 2000 Intl. Lightning Detection Conf., Tucson, Ahoona, 2 p. 3. Installation Requirements for Lightning Protect! on Systems -UL96A(1998) Laboratories, Northbrook IL. 4. [eo,W.R- 1977, Lightning Injuries and death- In Lightning, vol. 2, Lightning protedtion,ed. R.H. 0okde, pp. 521-543. htmn 9/3012010 ||/2/20m --- ........ ' '-_-_____'_-- o27 � A IrALULIAtr, QCLxJ.,%Y Jlloutuw L ar J V1 -1 S. NFPA 70 (1999), National Electrical'tro'cle, National Fire Protection Association, Quincy MA. 6. NFPA 780 (1997), Standard for Installation of Lightning Protection Systems, National Fire Protection Association, Quincy MA. 9. Contact Information 1. Richard Kithil, Founder and CEO of the National Lightning Safety Institute. VLSI is an independent consulting, education, and research organization providing objective Information on lightning safety issues. Website: www.lightningsafety.com 2. Vladimir A. Rakov, Professor of Electrical and Computer Engineering at the University of Florida, Gainesville, FL. He i5 the author or co-author of over 230 technical publications on various aspects of lightning and lightning protection. Website: www.eel.ufi.edu/-lightning. Recommended Lightning Safety Guideline: If you can ' hear thunder or see lightning, you should move to reasonably safe shelters, such as large buildings or all metal vehicles. About NLS1 I NLSI Business Services I Lightning Incidents Personal Lightning Safety I Structural Lightning Safety I Reference Information National Lightning Safety Institute Providing expert training and consulting for lightning problems hup://www.lighUngsafety-com/nlsi 9/30/2010 11/2/2010 6 -2 -s • , • 1i Alm �t 4 •"�"rF [� {, _ + l•� ' -� .. � � N -e- �r - � � � r�- r n ��,Fa r ti 5 Ir t 'r �`� e s � � f r � 1F' - ->n ✓ YY '`Ls c •.+ n '`'i*. ..7.r��.+ �� 1,1 112 W MAIM u s S Fr r v .,�, s s o it r'c ...._...,cZ"S{ i L � ,,•f, r•� S , -�`J t F �" �vFS S •'` .:..E, rk '' x •+. '�•{ -uz o r w ` .-wy s� a 'r k. x .,..,. ;% .q ' 5'•'f /I�I��II��IM�ianw4M�� � 3 �i .i' t„� "f � x� � � ..4f. {aok•`.+� �- ll{-i Q "' ,• ti . ,r G. -r7x" 5 �T. "'� , �}'t,2- = �e..� ' "' ''�'�t ,; mr'i, yam' +. �t'�" •._: `_ t ? 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Many small open'shelters on athletic fields, golf courses, parks, roadside picnic areas, schoolyards and elsewhere are designed to protect people from rain and sun, but not lightning. A shelter that does not contain plumbing or wiring throughout, or some other mechanism for grounding from the roof to ground is not safe and should be avoided during thunderstorms. If You Are, Outdoors * Keep an eye on the sky. Look for darkening skies, flashes of lightning, or increasing wind, which may be ' signs ufan approaching thunderstorm. r Listen for the sound nf thunder. Even when the s 'looksb[ueandclear travel sideways for up to 10 miles. If you can hear thunder, go to a safe shelter immediately. w When lightning is seen or thunder is heard, or when dark clouds are observed, postpone activities promptly. Dontvva\t for rain. Lightning often strikes as far as 10 nni\ao away from any rainfall. {@o quickly inside a completely enclosed building. If no enclosed building is convenient, get inside a hard-topped all- metal vmhide' ' w The principle lightning safety guide |s the 30-38 rule. The first O]UO represents 3Q seconds. 3f the time between when you see the flash and hear the thunder is 30 seconds or less, the lightning is close enough to hit you. If you havenot already, seek shelter immediately. The second 0300 stands for 30 minutes. After the last flash of lightning, wait 30 minutes before leaving your shelter. w If you see or hear a thunderstorm coming or your hair stands on end, immediately stop your activity, suspend your game or practice, and instruct everyone boQoinside a sturdy building orcar. w Be the lowest point. Lightning hits the tallest object. In the mountains if you are above treeline, you ARE the highest object around. C)m7ckXy get below %nee)lnaand get into a grove of small trees. [)unt be the second tallest object during o lightning storm! Crouch down if you are in an exposed area. °If you cant get tna shelter, stay away from trees. If there (mmo shelter, crouch in the open, keeping twice as far away from a tree asitistall. m Avoid leaning against vehicles. Get off bicycles and motorcycles. * Get out mf the water ... off the beach and out of small boats mr canoes. If caught inm boat, crouch down in the center of the boat away from metal hardware. Avoid standing in puddles of water, even if wearing rubber boots. * Avoid metal! Drop metal backpacks and - atay - aVVa z1mtheo'1|nes, hold on to metal items such golf clubs, fishing rods, tennis rackets or tools. Large metal objects can conduct lightning. Small metal objects can cause burns. w Move away from a group of people. Stay several yards away from other people. Domtshore a bleacher bench or huddle |na0Voup. If You Are Indoors • Avoid contact with corded phones. Phone use is the leading cause of indoor lightning injuries in the United States. Lightning can travel long distances in both phone and electrical wires, particularly in rural areas' • Stay away from windows and doors and stay off porches aathese can provide the path for a direct strike t¢ enter ahome. vv/th-eYectrca} equipment orconds..Jf-you plan tn unplug any electronic equipment, duso `- well before the storm arrives. • Avoid contact with plumbing. Do not wash your hands, do not take a shower, do not wash dishes, and do not dmlaundry. • Do not lie on the concrete floor ofa garage as it likely contains a wine mesh. In general, basements are a safe place to go during thunderstorms. However, avoid contact with concrete walls which may contain metal reinforcing bons. • Bring your pets indoors before the storm. Dog houses are not lightning-safe. Dogs that are chained to trees or chained towire runners can easily fall victim bu a lightning strike. If Someone Is Struck By Lightning w First, call for hs0p. Call 9~1-1 or your local ambulance service. Get moed\on| attention as quickly as � possible. ^ ' * Give first aid. 3f the victim has stopped breathing, begin rescue breathing' If the heart has stopped In ||/2/20|O 6-2-10 beating, a trained persq'.'rhould give CPR. If the person has a Ir'.;:,e and is breathing, address any otber injuries. . Check for burns. The injured person has received an electric shock and may be burned. Being struck by l lightning can also cause nervous system damage, broken bones, and loss of hearing or eyesight. People struck by lightning carry no electrical charge that can shock other people. You can examine them without risk. Disclaimer (About SEMO I Information I Programs I Community I Site Map I User Feedback Form SEMO Homepage I NYS Homepage I Director's Homepage I Governor's Homepage maJldroq@semo.state.nv.us @ Copyright 2006 - New York State Emergency Management Office - All Rights Reserved i i { i I I . i i M, 11/2/2010 - _.._ ............ _... -- ....... - --- ................. 6 -2 -11 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 27, 2010 SUBJECT: A request for the review of a conditional use permit pursuant to Section 12 -9C -3, Conditional Uses, Vail Town Code, to allow for the construction of active outdoor recreation areas, facilities, and uses (lightning shelter), generally located at the #3 green of the Vail Golf Course /Tract E, Vail Village Filing 7; and setting forth details in regard thereto. (PEC100037) Applicant: Vail Recreation District, represented by Scott O'Connell Planner: Bill Gibson I. SUMMARY The applicant, Vail Recreation District, is requesting a conditional use permit to allow for the construction of a lightning shelter at the Vail Golf Course. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval of this application subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant, Vail Recreation District, is proposing to construct a lightning shelter near hole #3 of the Vail Golf Course. The proposed lightning shelter is located within the General Use District. The proposed lightning shelter is a one -story "Bavarian theme" structure intended to be aesthetically compatible with the new pump house and storage facilities recently constructed near hole #11. The lightning shelter is proposed to be constructed on a 17 foot by 17 foot square concrete slab. The supporting shelter walls are proposed to be painted stucco and stained wood siding with integrated seating benches. The Town of Vail Design Review Board required that the lower portions of the walls be stucco to a height of 42 inches with the higher portions of the walls to be wood siding. There are no exterior walls associated with the proposed lightning shelter. The lightning shelter roof is proposed to be 18 feet by 18 feet square in area with a building height of 11 feet and 8 -7/8 inches. The roof is proposed to be constructed with exposed timber rafters, gray synthetic slate tiles, and copper flashing. A vicinity map (Attachment A), the applicant's request (Attachment B), architectural plans (Attachment C), and letters from adjacent property owners George Johnson and William McIntyre (Attachment D) have been attached for review. III. BACKGROUND In 2008, the Vail Recreation District installed a lighting detection system at the Vail Golf Course for the safety of their patrons and staff. The system was designed to alert golfers to the presence of lighting near the course, but did not provide shelter for golfers during inclement weather. As part of their current golf course master planning process with consultant Atkinson /Phelps Golf Course Architects, the Vail Recreation District has 11/2/201(l 6 -3 -1 identified the need for new lightning shelters in several remote locations of the golf course. On September 13, 2010 the Planning and Environmental Commission approved a similar request for a new lightning shelter near holes #11/ #17 at the Vail Golf Course. Ned Gwathmey, GPSL Architects, voiced opposition to a new lightning shelter at hole #3 of the Vail Golf Course on behalf of adjacent property owners George Johnson (1195 Hornsilver Circle) and William McIntyre (1191 Hornsilver Circle). On September 15, 2010 the Design Review Board approved the #11/ #17 lightning shelter and the subject #3 lightning shelter with design modifications that the lower portions of the walls be stucco to a height of 42 inches with the higher portions of the walls to be wood siding. The Design Review Board also applied the condition that their approval is contingent upon the applicant obtaining a conditional use permit for each shelter. IV. APPLICABLE PLANNING DOCUMENTS Title 12, Zoning Regulations, Vail Town Code (in part) ARTICLE 12 -9C: GENERAL USE DISTICT Section 12 -9C -1: Purpose: The general use district is intended to provide sites for public and quasi - public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in Section 12 -1 -2 of this title and to provide for the public welfare. The general use district is intended to ensure that public buildings and grounds and certain types of quasi - public uses permitted in the district are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. 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. 11/2/201 6 -3 -2 V. SITE ANALYSIS Legal Description: Tract E, Vail Village Filing 7 Zoning: General Use District Land Use Plan: Park Current Land Use: Vail Golf Course Development Standard Required Proposed Setbacks (min) per PEC west 20', south 23', north 85', east 90' Height (max) per PEC 11' -9" Site Coverage (max) per PEC 1% Landscaping Area (min) per PEC 99% VI. SURROUNDING LAND USES AND ZONING Existing Use Zoning District North: Vail Golf Course Outdoor Recreation South: Vail Golf Course Outdoor Recreation Residential Two - Family Primary /Secondary District West: Residential Two - Family Primary /Secondary District East: Residential Two - Family District 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. The Vail Golf Course is an allowed land use in the General Use District. Staff believes the proposed lightning shelter is a safety feature necessary for the operation of this public golf course. The proposed lightning shelter is intended to provide temporary refuge for golf course patrons during periods of inclement weather. 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. Staff believes the proposed lightning shelter is necessary for the safe operation of the Vail Golf Course recreation /public facilities. The proposed shelter is one story in height and does not have enclosing walls. This design is intended to minimize the appearance of building bulk and mass and to minimize impacts to light and air. The applicant is proposing to construct the proposed lighting shelter in a location they believe will provide emergency golfer access with the least visual impact to adjacent property owners. There are no utilities such as water, sewer, electrical, or mechanical associated with the proposed lightning shelter. The proposed lightning shelter is only intended as a temporary refuge from inclement weather. Staff does not believe the proposed shelter will negatively affect the distribution of populations, transportation facilities, schools, or park facilities. 11/2/201S 6 -3 -3 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. The proposed lightning shelter is located on the golf course and is only intended to be accessed by golf course patrons from the course. The proposed lighting shelter is not designed to be accessed from a public street, bike trail, or sidewalk. Staff does not believe the proposed lightning shelter negatively affects the traffic concerns identified by the criterion. 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. The proposed lightning shelter is a one story "Bavarian theme" structures intended to the aesthetically compatible with the new pump house and storage facilities recently constructed near holes #11. The proposed lightning shelter does not have enclosing walls. This design is intended to minimize the appearance of building bulk and mass. The applicant is proposing to construct the proposed lighting shelter in a location they believe will provide emergency golfer access with the least visual impact to adjacent property owners. VIII. RECOMMENDATION The Community Development Department recommends approval of a conditional use permit pursuant to Section 12 -9C -3, Conditional Uses, Vail Town Code, to allow for the construction of active outdoor recreation areas, facilities, and uses (lightning shelter), generally located at the #3 green of the Vail Golf Course /Tract E, Vail Village Filing 7, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined 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 passes the following motion: "The Planning and Environmental Commission approves this request for a conditional use permit pursuant to Section 12 -9C -3, Conditional Uses, Vail Town Code, to allow for the construction of active outdoor recreation areas, facilities, and uses (lightning shelter), generally located at the #3 green of the Vail Golf Course/Tract E, Vail Village Filing 7; 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 the Staff memorandum to the Planning and Environmental Commission dated September 27, 2010, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The proposed conditional use permit is in accordance with the purposes of the Zoning Regulations and the Outdoor Recreation District. 11/2/20114 6 -3 -4 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. Architectural Plans D. Letters From Adjacent Property Owners Johnson and McIntyre 11/2/201 6 -3 -5 1 - a _ r '► , qK ' J Ir aa r • lu I y (" 0 Attachment B f ti @r' VAIL RECREATiON s D I S T R I C T c To: TOV Planning and Environmental Commission From: Vail Recreation District} Date: 08/04/10` 7' ^s RE: Vail Golf Course Lightning Shelters 1 The Vail Recreation District (VRD) is currently working on plans to construct 2 (two) lightning shelters on the Vail golf.course. y ?` Background: The Vail Golf Course is owned by the Town of Vail (TOV) and leased to the Vail Recreation District (VRD) to operate. The VRD installed a lightning detection system in 2008 to alert guests on the course to lightning in the area. It was =i determined that although we have a sophisticated system for detection we do not provide.adequate shelter for t those guests located in remote areas of the course. We are currently working with the Atkinson / Phelps Golf t Course Architects on a golf course master plan and they have recommended that we provide lightning shelters for guests on the golf course in several remote locations. It is our intention to install these shelters in the fall of 2010. Purpose: i The purpose of this project is to provide safe shelters for guests In remote areas on the Vail Golf Course during t= lighting storms. r Details: This project will involve the excavation, foundation installation, framing and finishing of 2 (two) identical structures x on the Vail Golf Course. The proposed locations for these are west of the # 3 green and north of the # 17 tee. The proposed structures would have an 18'X 18' footprint and be designed with the same Bavarian theme utilized at the Vail Golf Course pump house and storage facilities. They would be "open" on all 4 (four) sides and would not f have any utilities other than a small Irrigation line to feed hanging planters. We would consider these structures a "simple but tasteful ". R i We believe that this project will contribute to the Vail's objectives of providing a safe and healthy environment for both locals and guests visiting the Vail Golf Course, it also coincides with our "Safety V philosophy for the Vail Recreation District. We are not incorporating any lighting or other utilities into this project. There will be no Ia impact on local traffic as these are pedestrian structures and only accessible via the golf course. 1 l'« Thank you for your time. r Sincerely, Scott F. O'Connell Building, Facility & Maintenance Manager Vail Recreation District (970) 477 -5264 ` soconnell@vailrec.com 11/2/2010 5 F� 6 -4 -1 _ Attachment C 4 l rtss ��� ,-/ F' % i�i •� � ; 1 /•'� •� . 1'.l r f rrr /' �. �` ,.\ '+t to 4_ �t � 4 � � � Y r \''t '!!t `` t ? •'' ♦ 1 t � i t r Y££ � `r 1 rr T �• ��t �. .`` i 1 j , ! + � �\ £ ` ! 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Box 3524 SPARTANBURG, SOUTH CAROLINA 29304 -3524 Sent Via: Federal Express September 8, 2010 Mr. Bill Gibson Town of Vail Department of Community Development 75 South Frontage Road Vail, CO 81657 Dear Mr. Gibson, I tried to reach you by phone today and still hope to visit with you. I am writing to tell you that we own the home at Hornsilver Circle and Vail Valley Drive. We have been there fourteen years. We look out over the third green. We oppose the application for the shelter in front of our house. I am happy to discuss with you the reason for opposition but I would like to be listed as one who vigorously opposes. We will be represented at the hearing. Thanking you, I am, Sincerely, George D. Johnson, Jr. GDJJr /sw Cc: Ned Gwathmey Deborah Tennant 1 1/2/2010 6 -4 -9 i WM LI M S. MC INT:YRE IV I 12222 AM. HxT DRivE, ST] TE 1660 � DALLAS, TExAs 75251 072/702 - 9004 • rAx 0721687 -0000 &Mail • WSMe1n1yre @AC1G.eatn September 9, 2010 VIA FEDERAL EXPRESS Mr. Bill Gibson Town of Vail Department of Community Development 75 South Frontage Road Vail, CO 81657 Dear Mr. Gibson: a I am writing to tell you that we own a Dome next door to the Johnson's at the corner of Homsilver Circle and Vail Valley Drive. We have been there fourteen years. We look out over the third green. We oppose the application for the shelter off to the side of the third green near Vail Valley Drive. I am happy to discuss with you the reason for opposition, but I would like to be listed as one who vigorously opposes. Sincerely, 6 William S. McIntyre WSM:kc:29580W cc: George Dean Johnson, Jr. i 11/2/2010 6-4-10 ' PLANNING AND ENVIRONMENTAL COMMISSION MEETING RESULTS September 27, 2010 at 1:00pm 0A1 , X0 TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT David Viele Tyler Schneidman John Rediker Bill Pierce Luke Cartin Henry Pratt Michael Kurz 30 minutes 1. A request for the review of a conditional use permit pursuant to Section 12 -9C -3, Conditional Uses, Vail Town Code, to allow for the construction of active outdoor recreation areas, facilities, and uses (lightning shelter), generally located at the #3 green of the Vail Golf Course /Tract E, Vail Village Filing 7; and setting forth details in regard thereto. (PEC100037) Applicant: Vail Recreation District, represented by Scott O'Connell Planner: Bill Gibson ACTION: Approved MOTION: Kurz SECOND: Cartin VOTE: 3 -1 -1 (Viele opposed, Pratt recused) Henry Pratt recused himself due to a conflict of interest. Bill Gibson made a presentation per the Staff memorandum. Scott O'Connell of the Vail Recreation District made a brief presentation regarding the project and noted that the efforts the VRD has made to work with the adjacent homeowners including the proposed removal of the shelters walls. Commissioner Kurz asked O'Connell how the proposed lightning shelter locations were selected and noted that similar shelters are common at many golf courses. O'Connell responded that lightening is a significant concern for guest safety and as a result, lightening shelters are an important improvement to the course. He noted that several alternative locations were considered for the lightning shelter. Mike Ortiz, Executive Director of the VRD, added that there are over 25,000 rounds of golf are annually played at the Vail Golf Course and lightening shelters would improve player safety. The VRD will be proposing additional future lighting shelter sites based upon the recommendation of the golf course architect. Commissioner Rediker asked if architectural changes based upon neighbor concerns would result in changes to the size of the shelter. O'Connell responded that the shelters would be reduced in size from 18'x18' to 16'x16'. Commissioner Cartin asked if there are utilities, lighting and other aspects to the shelters. O'Connell responded that there are no utilities or lights associated with the structure. Page 1 11/2/2010 6 -5 -1 Ned Gwathmey, representing adjacent property owners Johnson and McIntyre, stated that the proposed shelter will be visible and closely located to the neighbor's homes. He noted that the proposed shelter will create an attractive nuisance that could be used for other purposes than shelter from lightning. They requested that the VRD pursue an alternate location such as one closer to the Hole #3 tee box or elsewhere. Bill McIntyre, neighbor on Hornsilver Circle, stated that he has lived in this location for a long time and has a great relationship with the VRD. He stated the shelter will create a nuisance due to its proximity to his house and to the road. He said alternative locations including the tee box at Hole #3 or on the other side of the road at Hole #4 would be more appropriate. He stated he is not against the concept of lightning shelters, but hopes for a better location. Jim Weir, of Sherman and Howard, LLC, is a representative of the Mclntyres and the Johnsons. He stated that the shelter should be located in a place that minimizes impacts to neighbors. Ned Gwathmey stated that he lives on the Arrowhead Golf Course at the Country Club of the Rockies. He said lightening shelters at that course are far from homes. He then distributed an email from Scott O'Connell outlining changes to the shelter design. Commissioner Kurz asked Scott O'Connell about the potential nuisance issue at other shelters and this shelter. O'Connell responded that he met with the Vail Police to discuss potential issues with this type of shelter. He stated that Vail Police although Vail Police do not have current issues with criminal behavior in this area, they would monitor the proposed shelter, Commissioner Rediker asked what considerations were given to move the structure to other locations, such as the Hole #3 hole tee box or Hole #4. O'Connell stated that there were three alternate locations that were studied. He said that placing the structure near the tee boxes would eliminate much needed tee box area. He said other areas did not provide ADA access without adding new elements such as ramps. He also stated the VRD looked at the area west of the #3 tee box, but this area was eliminated as an option since the shelter would not be apparent to passing golfers. Locations at #4 were eliminated because potential locations since the structure would be in the range of play. He stated that there are more homeowners impacted with structure at Hole #4. He stated that guest safety is the number one concern of the VRD. Commissioner Rediker asked if opening up the structure would reduce effectiveness of the shelter for guests. O'Connell responded that while guests might get rained on, they would be protected from lightening with an open shelter. Commissioner Viele asked where other shelters were located. He stated that there could be other locations further from the road that would better protect people while not attracting kids. He suggested a location near Hole #8. O'Connell responded that any location on Hole #8 would be in play and would disrupt the ease of golfing on the adjacent holes. Ortiz added that the average age of Vail Golf Course golfers is 55 and easy access and ADA compliance are important. Pa q e 2 1 1 /2i2� i o 6 -5 -2 Commissioner Viele asked what percent of golfers are driving carts. Ortiz responded that approximately 40% of golfers are driving carts. Ned Gwathmey added that the proposed lightning shelter could be moved to a different hole. Ortiz responded that the key to a useful lightning shelter is visibility for golfers. He said kids who are partying are going to go where they are not visible and not in this shelter near the road. Commissioner Kurz commented that he understands the concerns of the neighbors, but any improper activities could quickly be resolved with a single phone call to the VRD or police. He noted that the VRD had done great due diligence on this proposal. 20 minutes 2. A request for review of a variance from Section 12 -6F -6, Setbacks, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for an addition within the side setback, located at 1817 Meadow Ridge Road, Unit 6 /Lot 21, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC100040) Applicant: Robert Boymer Planner: Rachel Friede ACTION: Tabled to October 11, 2010 MOTION: Kurz SECOND: Pratt VOTE: 5 -0 -0 30 minutes 3. A report to the Planning and Environmental Commission on an administrative determination, pursuant to 12- 3 -3(A), Administrative Actions, Vail Town Code, regarding the ability of a property owner to establish a development site comprised of multiple lots of record, portions of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds, without the review of a subdivision pursuant to the provisions of Title 13, Subdivision Regulations, Vail Town Code. Applicant: Town of Vail Planner: Warren Campbell Warren Campbell made a presentation per the Staff memorandum. Mery Lapin stated that he does not want to replat the property so that it is easy for the heirs to his estate to build two new homes on the properties instead of having to subdivide the properties in the future. The proposed configuration of the duplex would allow one half of the duplex to remain while another structure could be built on the other lot with both complying with setbacks. Warren Campbell stated that the proposal has not been reviewed by the Design Review Board. Mr. Lapin added that the project would remove minimal trees. Commissioner Rediker stated his concern that this type of approval of combining platted lots into a development site does not take into account the future impacts. He asked if Staff or the Town Attorney have looked into long -term impacts. Warren Campbell stated that staff has looked at long term impacts and the Town Attorney has participated in these discussions. He said the main concern of staff is how this potentially changes the neighborhood. He said the Design Review Board could use the criteria to deny a structure of this size due to any negative effects on the neighborhood. Pa e 3 11 /2 /2 io 6 -5 -3 Commissioner Pratt asked how setbacks could be ignored from a zoning perspective as the structure would cross a shared platted property line. Warren Campbell noted that in some cases, development sites have been established to create setbacks on the perimeter of the combined properties. Commissioner Viele stated that the applicant would be giving up a lot of development potential and this could offset the setback requirement. Warren Campbell stated that a variance would be difficult to support due to a lack of hardship. Commissioner Pratt asked what mechanism allows the Town to vacate the setbacks. Warren Campbell stated that the conglomeration of parcels is administrative and establishes the new "development site ". Commissioner Pratt asked if this allows staff to supersede a platted property line. Commissioner Kurz stated that this process would allow property owners to create their own development sites. He asked if this is strong enough of a process to allow combining lots. Commissioner Rediker stated his concern regarding creating de facto legislation through this determination. Mery Lapin said he wanted to keep the property line for estate planning purposes and to keep the two lots. Commissioner Cartin asked if this type of determination could be limited to a certain district or overall lot size. Warren Campbell stated that any type of limitation to this determination should be codified by creation of new regulations. Commissioner Pratt stated that he doesn't have anything against the proposed design or concept, but he couldn't justify the elimination of setbacks. Commissioner Kurz stated that there are holes in the Vail Town Code that perhaps should be addressed for procedural purposes. Mery Lapin stated that he loses development potential by combining the lots. Commissioner Kurz stated that reduction in GRFA is positive. Warren Campbell stated that there are two options- call up the administrative determination or confirm staff's administrative determination. Commissioner Rediker asked if the PEC could approve a variance versus a blanket approval of creation of development sites. Warren Campbell asked Matthew Mire, Town Attorney, if lot lines could be reinstated after a structure would be removed. Pa gqe 4 11 /2/2010 6 -5 -4 Matt Mire, Esq. responded that a resubdivision would need to occur, although he said other attorneys could have another opinion. Commissioner Pratt asked what mechanism allows the vacation of setbacks. Warren Campbell stated that all other examples have plat notes that state a development site has been established. Matt Mire, Esq. added that a combination of properties could occur by a property owner to create a site. Warren Campbell said that if the PEC wants to discuss this to a greater degree, the item needs to be called up. Commissioner Rediker asked what finding #1 in the memorandum means. Matt Mire added that this process to combine lots for the purpose of creating a development site are within the regulations of Titles 12 and 13. The Planning and Environmental Commission choose to affirm staff's administrative determination. 30 minutes 4. A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to establish regulations for ski yard base area signage, and setting forth details in regard thereto. (PEC100041) Applicant: Town of Vail Planner: Rachel Friede ACTION: Recommendation of approval MOTION: Kurz SECOND: Pratt VOTE: 4 -0 -1 ( Cartin recused) Commissioner Cartin recused himself due to a conflict of interest. Rachel Friede made a presentation per the staff memorandum. Commissioner Kurz stated that what was being proposed was appropriate for the ski yards. Commissioner Rediker inquired as to seasonal and restaurant advertising in the ski yard. Commissioners Viele and Pratt expressed their support. 5 minutes 5. A request for the review of a conditional use permit, pursuant to Section 12 -9C -3, Conditional Uses, Vail Town Code, for a public building and grounds, to allow for the construction of a new structure to replace the Lionshead Parking Structure Auxiliary Building to provide guest related facilities, located at 395 South Frontage Road West /Lot 1, Block 2, Vail Lionshead First Filing, Lot 3, A Resubdivision of Lot 1, Block 1, Vail Lionshead Second Filing, and East Lionshead Circle rights -of -way, and setting forth details in regard thereto. (PEC100042) Applicant: Town of Vail, represented by Tom Braun Planner: Warren Campbell ACTION: Tabled to October 11, 2010 MOTION: Kurz SECOND: Pratt VOTE: 5 -0 -0 Pa e 5 11 /2 2 i0 6 -5 -5 5 minutes 6. A request for final review of conditional use permits, pursuant to Section 12 -71 -5, Conditional Uses: Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to allow for the development of a public or private parking lot (parking structure); a vehicle maintenance, service, repair, storage, and fueling facility; a ski lift and tow (gondola), within "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West rig ht-of-way/U nplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080063) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to November 8, 2010 MOTION: Kurz SECOND: Pratt VOTE: 5 -0 -0 5 minutes 7. A request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to 12 -3 -7, Amendment, Vail Town Code, to allow for a rezoning of properties from Arterial Business District and unzoned South Frontage Road West right -of -way which is not zoned to Lionshead Mixed Use -2, properties known as "Ever Vail" (West Lionshead), located at 953 and 1031 South Frontage Road West and South Frontage Road West right -of -way, (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080061) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to November 8, 2010 MOTION: Kurz SECOND: Pratt VOTE: 5 -0 -0 5 minutes 8. A request for a final review of a variance from 12- 71 -14, Site Coverage, Vail Town Code, pursuant to Chapter 12 -17, Variances, to allow for additional site coverage below grade, within "Ever Vail" (West Lionshead), located at 934 (BP Site), 953 (Vail Professional Building), 1031 (Cascade Crossing) S. Frontage Road / Unplatted; 862 (VR Maintenance Shop) and 923 (Holy Cross Lot) S. Frontage Road / Tracts A and B, S. Frontage Road Subdivision; 1000 (Glen Lyon Office Building) S. Frontage Road / Lot 54, Glen Lyon Subdivision (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC090035) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to November 8, 2010 MOTION: Kurz SECOND: Pratt VOTE: 5 -0 -0 5 minutes 9. A request for a final recommendation to the Vail Town Council for a proposed major amendment to Special Development District No. 4, Cascade Village, pursuant to Article 12 -9A, Special Development District, Vail Town Code, to allow for the removal of the Glen Lyon Commercial Site, Development Area D, (Glen Lyon Office Building) from the District for incorporation into the properties known as "Ever Vail" (West Lionshead), located at 1000 S. Frontage Road West /Lot 54 Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC090036) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to November 8, 2010 MOTION: Kurz SECOND: Pratt VOTE: 5 -0 -0 5 minutes 10. A request for a work session on a major exterior alteration, pursuant to Section 12 -71 -7, Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the area known as "Ever Vail" (West Lionshead), with multiple mixed -use structures including but not limited to, Pa e 6 11 /2 2 io 6 -5 -6 multiple - family dwelling units, fractional fee units, accommodation units, employee housing units, office, and commercial /retail uses, located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West rig ht-of - way /Unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080064) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to November 8, 2010 MOTION: Kurz SECOND: Pratt VOTE: 5 -0 -0 5 minutes 11. A request for an amendment to an Approved Development Plan, pursuant to Section 12- 61 -11, Development Plan Required, Housing Zone District, Vail Town Code, to allow for revisions to the required landscape plan and geologic hazard mitigation plan for the redevelopment of the easternmost 5.24 acres of the Timber Ridge Village Apartments; and a request for the review of a variance, from Section 14 -5 -1, Minimum Standards, Parking Lot and Parking Structure Design Standards for All Uses, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for a crossover drive aisle width of less than thirty -feet (30') within the required parking structure, located at 1280 North Frontage Road /Lots 1 -5, Block C, Lions Ridge Subdivision Filing 1,and setting forth details in regard thereto. (PEC100018 /PEC100019) Applicant: Vail Timber Ridge L.L.C. Planner: George Ruther ACTION: Tabled to November 8, 2010 MOTION: Kurz SECOND: Pratt VOTE: 5 -0 -0 5 minutes 12. A request for a final recommendation to the Vail Town Council for prescribed regulations amendments to Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to provide regulations that will implement sustainable building and planning standards, and setting forth details in regard thereto. (PEC090028) Applicant: Town of Vail Planner: Rachel Friede ACTION: Tabled to November 22, 2010 MOTION: Kurz SECOND: Pratt VOTE: 5 -0 -0 5 minutes 13. A request for the review of a conditional use permit pursuant to Section 12 -6H -3, Conditional Uses, Vail Town Code, to allow for a private parking structure (the seasonal leasing of existing private parking spaces), located at 434 South Frontage Road (Lunar Vail) /Lot 1, Resubdivision of a part of Tract D, Vail Village 5 Filing, and setting forth details in regard thereto. (PEC100043) Applicant: Vail Mountain View Residences on Gore Creek, represented by Jack Hunn Planner: Bill Gibson ACTION: Withdrawn 14. Approval of September 13, 2010 minutes MOTION: Kurz SECOND: Pratt VOTE: 5 -0 -0 15. Information Update 16. Adjournment MOTION: Kurz SECOND: Pratt VOTE: 4 -0 -0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The Pa e 7 11 /2 2 io 6 -5 -7 public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479 -2138 for additional information. Sign language interpretation is available upon request with 24 -hour notification. Please call (970) 479 -2356, Telephone for the Hearing Impaired, for information. Community Development Department Published September 24, 2010, in the Vail Daily. Pa 8 11/2 /2010 6 -5 -8 TOWN (ffr VA M VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 2, 2010 ITEM /TOPIC: Request for permission to proceed through the development review process to utilize Town -owned land located in the West Vail, Stephens Park area for the purposes of a community garden project. PRESENTER(S): Megan McDonald, Vail Community Garden Committee ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with conditions or deny the applicant's request to proceed through the development review process. BACKGROUND: The Community Garden concept gained new interest in 2010 when Town Staff published a request for interested parties in the Vail Daily and received over 30 responses from citizens who support the project. Of this group, the West Vail Community Garden Planning Committee was formed. The Committee is requesting permission to proceed through the development review process to obtain a conditional use permit for the garden as an active outdoor recreation area pursuant to Section 12 -16 -1, Conditional Use Permits Purpose; Limitations, Vail Town Code. Outdoor recreational activities are defined in Section 12 -2 -2, Definitions, Enumerated, as activies "which involve organized or structured recreation that is associated with recreational facilities, excluding buildings." STAFF RECOMMENDATION: Staff recommends that the applicant be granted permission to proceed through the development review process. ATTACHMENTS: Community Garden Memo 11/2/2010 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: November 2, 2010 SUBJECT: Community Garden Planning Committee Request to Proceed I. DESCRIPTION OF THE REQUEST The West Vail Community Garden Planning Committee is requesting approval to proceed through the development review process to implement a community garden project in Intermountain on Town -owned land starting in Spring, 2011. The Committee is requesting Town approval to allow the Committee to apply for a conditional use permit that would deem 2470 South Frontage Road as an active outdoor recreation area to facilitate a community garden. 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. Acting on behalf of the property owner, permission to proceed is required prior to submitting a development application to the Planning and Environmental Commission for a Conditional Use Permit. II. BACKGROUND Town Staff published a request for interested parties in the Vail Daily and received over 30 responses from citizens who support the project. Of this group, the West Vail Community Garden Planning Committee was formed with the following members: • Jane Brummett • Marian Cartin • Megan McDonald • Andi Saden • Jan and Doug Smith • Kristen Bertuglia The Committee is confident that there is vested interest and adequate physical (land, water, soil, sun, etc.) and human (experienced gardeners, group organizers, non - profit developers) resources for the project that will result in a successful garden fulfilling the Committee's goals and mission. The Town's environmental sustainability coordinator will assist with facilitating the process, education, and logistics surrounding the garden. III. MISSION AND GOALS • Development of a sense of place and community with other year -round residents • Cultivation of a local, healthy food source • Potential for community education and school partnerships 1 11/2/2010 7 -1 -1 IV. RESOURCES Town of Vail Resources In order for the garden to get off of the ground, the Committee is requesting to partner with the Town for the following land and water resources: • Property: 2470 South Frontage Road (see Figure 1) • Water: Per Town staff, a proposal from a local contractor for $2,310 has been obtained to install water service from the existing Stephens Park service to the garden location and stubbed out to hose bibs on site. Town staff has sufficient funds in the 2010 park maintenance budget to finance this project. • Asphalt millings for semi - impervious parking area • Bark mulch for walkways Community Garden Resources As a group, the West Vail Community Garden will provide: • Lumber /beetlekill wood for building the beds • Mineral /organic rich soil for planting • 3 -4 Designated parking spaces • Composting Bins • Perimeter vegetation • Garden Hoses Individual Member Resources: Individual plot holders will be responsible for providing the following: • Seeds, or transplants for their plot • All gardening tools and supplies V. ORGANIZATIONAL STRUCTURE AND MANAGEMENT The West Vail Community Garden will utilize the template provided by the American Community Gardening Association for planning and executing a garden. Below are some highlights of how the West Vail Garden will operate. The proposed site design is illustrated in Figure 2, pg. 4. • Members must work or live in Vail • Garden beds are for private use only • Plots will be assigned with a priority given to Vail residents on a first come, first served basis. One can purchase as many plots as they can maintain until all spaces are occupied. At that time, persons with multiple plots will be asked to scale back to allow all interested parties at least one plot • Full sized (20'x4') and half sized (10'x4') plots are available • Plots will be built and allocated in numerical order as show on Exhibit A • Annual member dues will cost $25 for a full plot and $15 for a half plot (fees may be waived in lieu of volunteer service for the garden) and be used for: • Perimeter vegetation • Garden hoses • Locking compost bin materials • Tools, trash, and supplies will not be stored on site. Gardeners will be expected to pack out everything that they bring in. • The Planning Committee will manage an e-mail address and Facebook page for spreading information, and a bank account for dues. 2 11/2/2010 7 -1 -2 Application Process • Contact the Garden's e-mail address, or one of the Planning Committee members directly • Complete the application providing information similar to below: • Name • Address • Phone number • E -mail address • Number and size of plots requested • Fee per plot • Total fee paid • Any expertise you are able to contribute to the group • Availability for May work day to develop the site • Agree to and sign the Guidelines and Rules which will include items similar to below: • I will pay a fee of $_ to help cover garden expenses • I will have something planted in my garden by (date) and keep it planted all summer long • If I must abandon my plot for any reason, I will notify the garden leaders • I will keep weeds down and maintain the areas immediately surrounding my plot if any • If my plot becomes unkempt, I understand that I will be given 1 week's notice to clean it up. At that time, it may be re- assigned or tilled in. • I will keep trash and litter cleaned from the plot, as well as from adjacent pathways and fences • I will participate in the fall cleanup of the garden • I will pick only my own crops unless given permission by another plot user • I will not use non - organic fertilizers, insecticides or weed repellents • I agree to volunteer hours toward community gardening efforts • I will be responsible for all pets and children that I bring to the garden • I understand that neither the garden group nor owners of the land are responsible for my actions. I THEREFORE AGREE TO HOLD HARMLESS THE GARDEN GROUP AND OWNERS OF THE LAND FOR ANY LIABILITY, DAMAGE, LOSS OR CLAIM THAT OCCURS IN CONNNECTION WITH THE USE OF THE GARDEN BY ME OR ANY OF MY GUESTS. VI. TIMELINE November 2, 2010 - Request approval from Vail Town Council to proceed through the development review process December 2010 - Request conditional use permit from PEC December 2010 - May 2011 - Complete bylaws and membership guidelines, hold meetings to share information and network, tour local gardens, meet with local gardeners, and provide educational opportunities. May 1, 2010 - Deadline for all 2011 applications Mid /Late May 2011 - Work day to build plots and set up the site (weather dependent) October 31, 2011 - All plots must be cleaned up and winterized 3 11/2/2010 7 -1 -3 247'4 South Frontaga Road West Location of -- Formerly Proposed Community Garden (Ps►r or US Govw►nmenr tar 13. 23 a 24. S., rfon 14. Tawn%hlp S. RanJa 81) Figure 1. Community Garden Proposed ' Location -West Vail '' - %%'4�' ti ;V � r � '� ��..- .fit•' a ,� • - t - < Aira cnl 1nlrtr;.1 +�� �' x.31.1 >rc■ 16$40 �.7 f1 �� ai 4 Ar y i WEST VAIL COMMUNITY GARDEN SITE PLAN 2470 SOUTH FRONTAGE ROAD Figure 2. Community Garden Proposed Site Design 4 11/2/2010 7 -1 -4 'OWN ffVAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 2, 2010 ITEM /TOPIC: Second Reading of Ordinance No. 16, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, establishing regulations for ski base area signs, and setting forth details in regard thereto. (PEC100041) PRESENTER(S): Warren Campbell ACTION REQUESTED OF COUNCIL: Pursuant to Section 12 -3 -7, Amendments, Vail Town Code, the Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 16, Series of 2010, upon second reading. BACKGROUND: On October 19, 2010, the Vail Town Council approved, with modifications, the first reading of Ordinance No. 16, Series of 2010, by a vote of 4 -1 -0 (Foley opposed) STAFF RECOMMENDATION: The Community Development Department recommends the Vail Town Council approves Ordinance No. 16, Series of 2010, upon second reading. ATTACHMENTS: Staff Memorandum Ordinance No. 16, Series of 2010 Second Reading 11/2/2010 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: November 2, 2010 SUBJECT: Ordinance No. 16, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, establishing regulations for ski base area signs, and setting forth details in regard thereto. (PEC100041) Applicant: Town of Vail Planner: Warren Campbell I. DESCRIPTION OF THE REQUEST The applicant, the Town of Vail, is requesting a second reading of Ordinance No. 16, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, to establish regulations for ski base area signs. Town Staff is requesting these amendments in order to provide clear applicability, enforceability, and predictability to a category of signs that are not addressed within, Title 11, Sign Regulations, Vail Town Code. The proposed regulations will clarify the types of signs permitted in the ski base areas, including electronic signs and portable signs that are not permitted for other businesses except for government signs. Furthermore, the amendments address the dynamic nature of ski industry signage required for each season (winter and summer). The proposed amendments will require, Vail Resorts to submit a seasonal sign program to be reviewed by staff and the Design Review Board. Pursuant to Section 12 -3 -7, Amendments, Vail Town Code, Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 16, Series of 2010, upon second reading. The proposed Ordinance No. 16, Series of 2010, (Attachment A) is attached for review. Since the first reading on October 19, 2010, staff has continued to critic the proposed regulations. The result of this review has resulted in some further suggested amendments by staff as contained within the attached ordinance. The proposed changes further the goal of creating applicable, predictable, and enforceable regualtions for ski base areas. Should the Vail Town Council agree with this proposed changes any motion adopting the second reading of Ordinance No. 16, Series of 2010, needs to include a modification to the ordinance to include this or any other language that the Vail Town Council determines is appropriate. II. BACKGROUND In the ski season of 2009/2010 staff and Jeff Babb, Vail Resorts Operations, performed a walk through of each of Vail Mountain's ski yards. The result was the identification of numerous types and locations for the signage which did not conform with the regulations of Title 11, Sign Regulations, Vail Town Code. It was determined that Title 11, Sign Regulations, Vail Town Code, did not address ski yard signs because until recently, the 1 11/2/2010 8 -1 -I base areas of Vail Mountain were not located within the Town of Vail boundaries. Several examples of signs that did not meet the Town's sign regulations were portable signs, flags, digital lift availability signs, ticket office signs, and the quantity of signs. To date, the Community Development Department has worked with Vail Resorts to allow signs that meet the intent of the Sign Regulations. On September 27, 2010 the Planning and Environmental Commission recommended approval of the proposed prescribed regulations amendments to the Vail Town Council by a vote of 6 -0 -1, Cartin recused. On October 19, 2010 the Vail Town Council approved with modifications, the first reading of Ordinance No. 16, Series of 2010 by a vote of 4 -1 -0 (Foley opposed). The adopted modification applied to Section 11- 7- 15(A)(8)(c), Content, to prohibit the advertisement of on- mountain commercial uses. III. RECOMMENDATION Should the Vail Town Council choose to approve Ordinance No. 16, Series of 2010, on second reading, the Community Development Department recommends the Town Council pass the following motion: "The Vail Town Council approves, on second reading, Ordinance No. 16, Series of 2010, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to establish regulations for ski base area signs, and setting forth details in regard thereto. " Should the Vail Town Council choose to approve Ordinance No. 16, Series of 2010, on second reading, the Community Development Department recommends the Town Council makes the following findings: "Based upon the review of the criteria outlined in Section V of Staff's September 27, 2010 memorandum to the Planning and Environmental Commission and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendments further the general and specific purposes of the sign regulations; and 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " IV. ATTACHMENTS Attachment A: Ordinance No. 16, Series of 2010 2 11/2/2010 8 -1 -2 ORDINANCE NO. 16 Series of 2010 AN ORDINANCE AMENDING TITLE 11, SIGN REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 11 -3 -3, PRESCRIBED REGULATIONS AMENDMENT, VAIL TOWN CODE, TO ESTABLISH REGULATIONS FOR SKI BASE AREA SIGNS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Title 11, Sign Regulations, Vail Town Code, does not address ski yard signs within the Town of Vail, which are necessary for the operation of Vail Mountain; and WHEREAS, Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, sets forth the procedures for amending the Town's Sign Regulations; and WHEREAS, the Town of Vail Planning and Environmental Commission held a public hearing on September 27, 2010, on the application to amend the Town's Sign Regulations, in accordance with the provisions of the Vail Town Code; and WHEREAS, the Town of Vail Planning and Environmental Commission has forwarded a recommendation of approval, with modifications, to the Vail Town Council by a vote of 6 -0 -1 (Cartin recused) of the request to amend the Town's Sign Regulations; and WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's Sign Regulations is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and, WHEREAS, the Vail Town Council finds and determines that the provisions contained within the proposed regulation amendments further the goal of providing the highest level of guest services for our premier resort community; and, WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's Sign Regulations furthers the general and specific purposes of the sign regulations; and, WHEREAS, the Vail Town Council finds and determines that the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: SECTION 1 . Purpose: The purpose of this Ordinance is to create regulations for signs within the ski base areas of Vail Mountain. SECTION 2 . Section 11 -2 -1: Definitions Enumerated, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethro inh text that is to be added is bold, and sections of text that are not amended have been omitted) Sign, Electronic: Any sign w %th efe -- :,. ,.,,.,,n„nen+ s sur-h asz idda� snreen& elect nin ^h,ngea le— GGW,and rimilar features. A sign utilizing video screens, variable message, digital display and similar features. Illumination Ordinance No. 16, Series of 2010, second reading 11/2/20 8 -2 -1 sources may include, but are not limited to LCD, LED, incandescent, and other similar light sources. Messages may roll, scroll, dissolve, and alternate periodically. Sign, Portable: Any sign not permanently attar--head- the ground tther n �H c"G a i.Iudiniv h..t Het lim fre u:eh board signs-. ,�erre�ep ��t�r��► to t� - am .,a�► d Rand. A sign not erected with a permanent fixed location attached to the ground or other permanent structure, including, but not limited to, A -frame and sandwich board signs. Sign, Ski Base Y-ar . A ny a gn Within a ski yard area, as determined b the Ai,It RRtqr- ' th a t se.A. to :Hferm -ti �+L :Arn AF /Y AAm :HM M ,.,,H,� :t :�,, area ; , Gpen txa °'„a, &pes lift ` e ' ts; and t#er— me-u,Ttain : atie and r-- ti A sign in a ski base area that informs the public about on- mountain conditions, grooming reports, status of ski lifts and tows, and the location of ski school facilities, ski racing facilities, ski patrol facilities, outdoor recreation facilities and activities, lift ticket sales, skier and guest services. Ski Base Area: For the purpose of regulating ski base area signs, ski base areas are those areas of Vail Village, Lionshead, Golden Peak, Cascade Village, and any other future portals immediately adjacent to a ski lift or tow. SECTION 3 . Section 11 -5 -2: Design Guidelines, Vail Town Code, is hereby amended in part as follows (text to be added is bold, and sections of text that are not amended have been omitted) Any sign erected within the town of Vail should: B. Be compatible with the placement of surrounding signs: Similar signs should not be placed within close proximity of each other, but should instead incorporate variety and visual interest within the "view corridor" that they are placed. Signs shall not create visual clutter. The staff shall review all proposed signs in the context of adjacent signage to verify that the sign is appropriately placed. SECTION 4 . Section 11 -7 -15: Ski Yard Signs, Vail Town Code, is hereby established as follows (text to be deleted is in st text that is to be added is bold, and sections of text that are not amended have been omitted): 11 -745 16: Ski Base Area A. Description: Ski Var-d Sign regulations aHH�y to 'menage within the designated ski yard areas as determined by the Admini-str -star iJ. .rinn review of These regulations apply to all signs erected within the ski base areas. These regulations are intended to provide the ski base areas with the signs necessary to operate the ski mountain. These signs are necessary to clearly communicate the multi seasonal offerings of the ski mountain. There shall be a sign program addressing the needs of both the winter and summer seasons. The intent of these regulations is to provide the highest level of guest services while maintaining the highest quality resort character. It is not the intent of these regulations to provide a competitive advantage to on- mountain commercial uses. 1. Number: Subject to design review. Ordinance No. 16, Series of 2010, second reading 11/2/201 8 -2 -2 2. Area: Subject to design review. 3. Height: Oroleeting and caning signs shall have a Minim n /earanee of eig h t feet 9 above pedestr4anways and a minimum nlearanne of fifteen f abov e••lanuavn Ale part of gym, W aFd c. g shall a sha ,J Teet ►�e T�1TaTr e�fe�►� mere thin t w ent., five feet (259 s grade Awning, projecting, wall, and electronic signs shall have a minimum clearance of eight feet (8) above pedestrianways and a minimum clearance of fifteen feet (15) above vehicularways. No part of a ski base sign shall extend more than twenty five feet (25) above grade. 4. Location: Subjestto design review:- Signs may aepermfted- in the- 's #4g ht of wa y , , aubj est— te .hliG O Fope#1 •, �of this title. Subject to design review. Signs may be permitted in the public right of way subject to Subsection 11 -5 -31, "Placement On Public Property ", of this title. /� 5. Type: Aw ning, f eestandin�, ne a mounted plvjeGting er wa ll mounted 4- fxamta and n , d style pr�rfeek Awning, freestanding, portable, projecting, wall, and electronic signs. A -frame and sandwich board style signs are prohibited. 6. Lighting: Subject to design review. 7. Landscaping: Subject to design review. 8. Special Provisions: may he Mewed to i,Jentiy on mountain ,.onditions Cleetronie Cigna may he nermitteG s and are ub jeet to ,des gn review, /a. Design °eidew: 9W aFd c. gnc shall he nrGyide,J in a c.ease - pai ign program n Gkage, to -ve subb.m WeG�, reW and approved lay th D e s ign Oevieu, Qo rd on a seasonal basis a. A sign program is required in accordance with the provisions of Chapter 8 of this title. s me ►t =Ski " hokartigta Main- aefivTfies l- .zateel e hall no ,Je the Tou,n of 1 /mil h••t �t ine•,Je „Jv rime Ment for gym F� TT{r TV , y�, t inn- L u r � G' , C , f f P , �IVT an - bus iness u,h ieh eomn etes. With pwv fvvatpd Within the - TV u, � W Of b. Signs advertising on mountain eating and drinking establishments, retail stores and establishments, and other commercial uses shall be prohibited. SECTION 5 . Section 11 -9 -2: Prohibited Signs, Vail Town Code, is hereby established as follows (text to be deleted is in st , ,.h text that is to be added is bold, and sections of text that are not amended have been omitted): Ordinance No. 16, Series of 2010, second reading 11 /2/201 8 -2 -3 11 -9 -2: PROHIBITED SIGNS: The following signs are prohibited within the town of Vail: except gover- nment signs and aLi aFd signs. O. Portable signs, except official government signs, open house signs, and ski base signs. SECTION 6 . If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Vail Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 7. The Vail Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. SECTION 8. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. SECTION 9. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19 day of October, 2010 and a public hearing for second reading of this Ordinance set for the 2n day of November, 2010, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 16, Series of 2010, second reading 4 11/2/2010 8 -2 -4 INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 2n day of November, 2010. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 16, Series of 2010, second reading 11/2/201 8 -2 -5 TOWN (ffr VA M VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 2, 2010 ITEM /TOPIC: Resolution No. 27, 2010, a resolution approving an intergovernmental agreement between the Town of Vail and the County of Eagle regarding recycle drop off site; and setting forth details in regard thereto. PRESENTER(S): George Ruther ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution No. 27, Series of 2010 BACKGROUND: The Town of Vail Community Development Department is operating and maintaining a community recycling drop off site in the municipal parking lot located west of the Community Development Department building.The Town is contracted with Waste Management, Inc. to provide material haul off, site maintenance, and public education services. Eagle County, the operator of the regional materials recycling facility (MRF) has agreed to fund annual haul off services. Pursuant to the Agreement, the County will reimburse the Town $190 for each container hauled to the MRF. If approved, the County's financial assistance will save the Town approximately $34,000 annually through the Town's participation pursuant to the Agreement STAFF RECOMMENDATION: The Community Development Department recommends the Vail Town Council approves Resolution No. 27, Series of 2010 as read. If approved, the Eagle County Board of County Commissioners will consider the Agreement at the November 9, 2010 BoCC meeting. ATTACHMENTS: Resolution No. 27, Series of 2010 11/2/2010 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: November 2, 2010 SUBJECT: Resolution No. 27, Series of 2010 I. Description of the Request The purpose of this agenda item is to review and adopt Resolution No. 27, Series of 2010, a resolution authorizing the Town of Vail and Eagle County to enter into an Intergovernmental Agreement for recycling drop off site and materials haul off services. Pursuant to the Intergovernmental Agreement (the "IGA "), dated November 2° 2010, by and between the Town of Vail (the "Town ") and Eagle County (the "County "), Colorado, the purpose of the IGA is to enter into an agreement with the County for recycling materials haul off services from the Town's municipal recycling facility to the Eagle County Materials Recycling Facility (the "ECMRF "). The Town is currently in a two -year service contract with Waste Management, Inc. for recycling materials haul off services. Pursuant to the existing contract, the Town shall pay Waste Manangement $195.00 for each load of materials hauled to the ECMRF. In addition to haul off services, Waste Management also provides site maintenance services and recycling and waste diversion education assistance and marketing. If approved, in accordance with the terms of the IGA, the County will reimburse the Town $190.00 for each load of recyclable materials hauled from the Town's municipal recycling facility to the ECMRF. The Town is currently paying for this service from the Town's RETT Fund. If the service is to be taken over by the County, the Town stands to save approximately $34,000 annually. The Town will still be responsible for paying $5.00 per haul or approximately $875 annually. The Eagle County Board of County Commissioners will consider adopting the IGA at their regularly scheduled BoCC meeting on November 9, 2010. 11 /2 /2010 9 -1 -1 II. ACTION REQUESTED OF COUNCIL The Vail Town Council is being asked to approve, approve with modifications, or deny Resolution No. 27, Series of 2010. III. STAFF RECOMMENDATION The Town of Vail Community Development Department recommends the Vail Town Council approves Resolution No. 27, Series of 2010, as read. IV. ATTACHMENTS A. Resolution No. 27, Series of 2010 B. Copy of the proposed Intergovernmental Agreement 11 /2 /2010 9 -1 -2 RESOLUTION NO. 27 Series of 2010 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE COUNTY OF EAGLE REGARDING RECYCLE -DROP OFF SITE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter "); and WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; and WHEREAS, the Town currently has an agreement with a contractor to manage the town's recycle drop -off site; and WHEREAS, the County of Eagle (the "County ") has hired a contractor to transport recyclable material from drop -off sites throughout Eagle County; and WHEREAS, the Town and the County of Eagle (the "County ") wish to enter into an Intergovernmental Agreement (the "IGA ") authorizing the County to reimburse the Town at a fixed rate per haul for co- mingled containers, newspapers containers and cardboard containers WHEREAS, the Council considers it in the interest of the public health, safety and welfare to provide animal control services; and WHEREAS, the Council's approval of Resolution No. 27, 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 of Eagle, 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 2n day of November, 2010. Richard Cleveland, Town Mayor ATTEST: Lorelei Donaldson, Town Clerk 11/2/2010 9 -1 -3 AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND TOWN OF VAIL REGARDING RECYCLE DROP OFF SITE THIS AGREEMENT ( "Agreement "), dated this day of , 2010 is between Eagle County, Colorado, located at 500 Broadway, Eagle, CO 81631 ( "County ") and Town of Vail, Colorado a municipal corporation, located at 75 South Frontage Road, Vail, CO 81658 ( "Town "). WITNESSETH: WHEREAS, County has hired a vendor to transport collected recyclable material from drop -off collection sites situated throughout greater Eagle County to the Eagle County Recycled Materials Recovery Facility (MRF) located at 605 Ute Creek Road, Wolcott, Colorado; and WHEREAS, Town currently has an agreement with a contractor to manage their recycle drop -off site and desires to maintain that agreement rather than having County or its contractor provide such services; and WHEREAS, County and Town intend by this Agreement to set forth the scope of the responsibilities and related terms and conditions to govern the relationship between the parties in connection with this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises and the following promises, County and Town agree as follows: 1. County hereby acknowledges that Town currently has a contractual agreement with a hauler to manage their recycle drop -off site. 2. County will reimburse the Town at the rate of $190 per haul for co- mingled containers, newspaper containers and cardboard containers. County shall not be responsible for any charges, fees or amounts in excess of $190 per haul. Town shall send monthly invoices to Eagle County specifying the date of each haul, number of hauls and material types hauled. 3. All recyclable material collected at the Town's drop -off site shall be delivered to the Eagle County MRF. In the event the Town or its' contractor elects to deliver the recyclable materials collected at the Town of Vail to other than the Eagle County MRF then this Agreement shall immediately terminate and neither party shall have any obligations hereunder. 4. In the event Town terminates its current agreement for hauling services or chooses to not renew its existing hauling agreement, then County shall provide such services so long as County has the ability to provide such services and further has properly appropriated funds for such services. In the event that County provides hauling services for recyclable materials located at the Town of Vail site either directly or 11/2/2010 9 -1 -4 through a third party contractor this Agreement shall immediately terminate and neither party shall have any obligations hereunder. 5. f not previously terminated as set forth herein, this Agreement shall terminate on December 31, 2011. This Agreement may be renewed annually by mutual written agreement of the parties. 6. County will issue payment to Town within thirty (30) days of receipt of a satisfactory monthly invoice from Town. 7. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement, nor shall any payments be made to Town in respect of any period after December 31, 2010 without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with 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). 8. 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. 9. This Agreement, and the rights and obligations created hereby, shall be binding upon and inure to the benefit of County and Town and their respective successors and assigns. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or entity other than County or Town and their respective successors and assigns, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained. 10. 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. 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 Town or as otherwise set forth herein. This Agreement represents the full and complete understanding of County and Town and supersedes any prior agreements, discussions, negotiations, representations or understandings of County and Town with respect to the subject matter contained herein. 12. 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. 11/2/2010 9 -1 -5 13. Any notice and all communications required under this Agreement shall be given in writing by personal delivery, fax, e -mail or mail to the appropriate party at the following addresses: County: Town: Ronald L. Rasnic, Solid Waste Manager Bill Carlson, Env. Health Officer Solid Waste & Recycling Department Kristen Bertuglia, Sus. Coordinator P.O. Box 473 75 South Frontage Road Wolcott, Colorado 81655 Vail, CO 81657 (970) 328 -3465 (p) (970) 479 -2333 (p) (970) 328 -3466 (f) (970) 479 -2452 (f) ron.rasnic@eaglecounty.us bcarlson @vailgov.com kbertuglia @vailgov.com Notices shall be deemed given on the date of delivery or three days after the postmarked date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. IN WITNESS WHEREOF, County and Town have executed this Agreement this day of 2010. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISSIONERS BY: BY: Clerk to the Board of County Sara J. Fisher, Chairman Commissioners TOWN OF VAIL BY: 11/2/2010 9 -1 -6 TOWN (ffr VA M VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: November 2, 2010 ITEM /TOPIC: Town Council "Call -Up ", pursuant to Section 12- 3 -3(C) Vail Town Code (the "Code "), of the Planning and Environmental Commission (the "PEC ") decision of September 27, 2010, affirming staff's interpretation regarding the ability of a property owner to establish a development site comprised of multiple lots of record and the process required, if any, by the Code. PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: See attached memorandum and materials. BACKGROUND: In response to a request by a resident, on September 27, 2010 the Town's Zoning Administrator issued a letter pursuant to Section 12- 3 -3(A) of the Code explaining what he believed to be the Town's process for combining two lots in a residential subdivision to create one "Lot or Site" as defined by 12 -2 -2 of the Code. Subsequently, on September 27, 2010, at the request of the Administrator, the PEC considered the issues addressed in the Administrator's letter. At the hearing, the PEC Commissioners expressed legitimate concerns with regard to the Administrator's findings and determination, as well as with the lack of clear direction provided by the Code. In addition, the PEC requested that the Town Attorney continue to research the issues involved. Ultimately, however, and based largely upon staff's recommendation, the PEC did vote to "affirm staff's administrative determination." After the PEC hearing, the Administrator discovered a relevant section of the Code which was not considered in his initial letter and which was not presented to the PEC. The Town Council called this item up at their regular meeting on October 5, 2010. STAFF RECOMMENDATION: See attached memorandum. ATTACHMENTS: Town Council Memorandum 110210 Lapin Letter PEC Memorandum 092710 PEC Minutes 092710 Town Code Section 12 -3 -5 11/2/2010 MEMORANDUM TO: Vail Town Council FROM: Matt Mire DATE: November 02, 2010 SUBJECT: Town Council "Call -Up ", pursuant to Section 12- 3 -3(C) Vail Town Code (the "Code "), of the Planning and Environmental Commission (the "PEC ") decision of September 27, 2010, affirming staff's interpretation regarding the ability of a property owner to establish a development site comprised of multiple lots of record and the process required, if any, by the Code. This matter comes before the Council for consideration of the Planning and Environmental Commission's (the "PEC ") decision to affirm a staff interpretation concerning a property owner's ability to combine multiple residential lots to create one development site and the process required for this as set forth in the Vail Town Code (the "Code "). In response to a request by a resident, on September 27, 2010 the Town's Zoning Administrator (the "Administrator'), issued a letter pursuant to Section 12- 3 -3(A) of the Code explaining what he believed to be the Town's process for combining two lots in a residential subdivision to create one "Lot or Site" as defined by 12 -2 -2 of the Code. (See attached letter dated August 27, 2010). Subsequently, on September 27, 2010, the PEC considered the issues addressed in the Administrator's letter. (See Administrator's memorandum to the PEC, dated September 27, 2010). At the hearing, the PEC Commissioners expressed concerns with regard to the Administrator's findings and determination, as well as with the lack of clear direction provided by the Code. In addition, the PEC requested that the Town Attorney continue to research the issues involved. (See attached PEC minutes of September 27, 2010, item #3). Ultimately, however and based largely upon the staff recommendation, the PEC did vote to "affirm staff's administrative determination." After the PEC hearing, the Administrator discovered a relevant section of the Code which was not considered in his initial letter and which was not presented to the PEC. (See attached Code Section 12 -3- 5). That section, along with the other provisions of the Code set forth in the Administrators memorandum to the PEC, now appear to provide a little more guidance on the process at issue. Accordingly, in response to the concerns raised by the PEC in addition to some of my own concerns, my recommendations are as follows: 1. Overturn or reverse the decision of the PEC and direct staff to analyze the issues raised herein with the inclusion and consideration of Code Section 12 -3 -5 and 11/2/2010 10 -i -i other relevant sections of the Code implicated by that section, including but not limited to any and all relevant sections of Title 13 "Subdivisions Regulations ". 2. Direct the Administrator and staff to prepare any necessary and appropriate amendments to the Code for consideration by the PEC and ultimately the Council to address the issues raised by the PEC, including but not limited to amendments to develop or clarify the process for the creation of a "development site" in the context presented and providing for appropriate regulations to prevent the problems inherent in that process as identified by the PEC at their hearing on September 27, 2010. ATTACHMENTS Letter dated, August 27, 2010 Memorandum to PEC dated September 27, 2010 Section 12 -3 -5, Vail Town Code 11/2/2010 10 -1 -2 A A TOWN I0VIAFP *VK Department of Community Development 75 South Frontage Road Vail, Colorado 81657 ,970-479-2138 FAX 970-479-2452 www.vailgov. August 27, 2010 . Mery Lapin 232 West Meadow Drive Vail, Colorado 81657 RE: Establishment of Lots 6 and 7, Vail Village Filing 2, as a development site. Merv, This letter is being provided as a follow-up to our discussion regarding the establishment of Lots 6 and 7 of Vail Village Filing 2 as a development site in order to pursue a proposal to construct a single structure across the shared platted property line. Below are the provisions of the Vail Town Code which apply to this request. Section 12-2-2, Definitions, Vail Town Code, LOT OR SITE: A parcel of land occupied or intended to be occupied by a use, building, or structure under the provisions of this title and meeting the minimum requirements of this title. A lot or site may consist of a single lot of record, a portion of a lot of record, combination of lots of record or portions thereof, or a parcel of land described by mete and bounds. Chapter 12-6D, Two-family Primary Secondary Residential District 12-6D-1: Purpose: The two-family primary /secondary residential district is intended to provide sites for single-family residential uses or two-famil y 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. 12-6D-5: Lot Area And Site Dimensions: The minimum lot or site area shall be fifteen thousand (15, 000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30). Each site shall be of a size and shape capable of enclosing a square area, 'eighty feet (8p') on each side, within its boundaries. I I / �GIPXCYCLED PAPER 10-2-1 12-6D-8: Density Control. A. Dwelling Units: Not more than a total of two (2) dwelling units shall be permitted on each site with only one dwelling unit permitted on existing lots less than fourteen thousand (14,000) square feet B. Gross Residential Floor Area: 1. The following gross residential floor area (GRFA) shall be permitted on each site: a. Not more than forty six (46) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first ten thousand (10, 000) square feet of site area; plus b. Thirty eight (38) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over ten thousand (10, 000) square feet, not exceeding fifteen thousand (15, 000) square feet of site area; plus c. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over fifteen thousand (15, 000) square feet, not exceeding thirty thousand (30, 000) square feet of site area; plus d. Six (6) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess of thirty thousand (30, 000) square feet. 2. The secondary unit shall not exceed forty percent (409 of the allowable gross residential floor area (GRFA). Furthermore, the Town's adopted Building Code contains provisions to prohibit the construction of a structure across a property line without compliance with regulations requiring a fire rated party wall. These provisions can be found in Section 706.1.1 of the 2009 Edition of the International Building Code. It is the determination of Staff that you, the applicant, can choose to determine what your desired lot or site will be with regard to the proposal of a structure on your lots under Title 12, Zoning Regulations, Vail Town Code. For the purposes of reviewing a proposal which is comprised of a site containing two platted lots staff will calculate the development standards for the site based upon the site as a whole. In order to address the regulations and provisions in the Building Code a document needs to be recorded against the properties, with the Town as a party to the agreement, which clearly identifies that the two lots are considered to be a-single development site and so long as the structure is in place neither of the two lots will be sold, transferred, or developed further, without compliance with the Zoning Code and Building Code being demonstrated. The Town needs to be a party to this document to prevent its removal prior to the removal of the structure from the development site. Upon removal of the structure the recorded document can be removed from the property records for the lots with the County. 11/2/20?0 10-2-2 Please be aware that staff antic tak this determination before the Planning and Emvin3O0eOtG| CV[D0iSSiVD for dhSCU8SiOO and COnhO0gtiOO. Should the CO[DmiSSiOD find that staff has misinterpreted the Coda, the findings of the Commission will provide the method for moving forward with your proposal. This interpretation does not imply in any form that staff has performed any analysis of your proposal for compliance with the Two-Family Prim am/Seconda[y Diathct, Design Review, o[ Development Standards of the Vail Town Code. Thank you for taking the time to discuss your proposal with George and Onyau|t If you have any further questions please feel free to contact 0e by email at o[byphone at 970-479-2148. Sincerely, Warren Campbell, A|CP Chief ofPlanning TOVVD of Vail Cc: File ' ||�11/2/21 10-2-3 | | / MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 27, 2010 SUBJECT: A report to the Planning and Environmental Commission on an administrative determination, pursuant to 12- 3 -3(A), Administrative Actions, Vail Town Code, regarding the ability of a property owner to establish a development site comprised of multiple lots of record, portions of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds, without the review of a subdivision pursuant to the provisions of Title 13, Subdivision, Vail Town Code. Applicant: Town of Vail Planner: Warren Campbell I. SUMMARY The Town of Vail Staff has prepared this memorandum to the Planning and Environmental Commission in order to inform the Commission of an administrative determination that was made regarding a provision of the Vail Town Code regarding the establishment of a development lot or site pursuant to 12- 3 -3(A), Administrative Actions, Vail Town Code. Staff made its determination after reviewing the Code that a development site can be established by property owners without a formal process. Based upon Staff's review of the Code as outlined in Section III of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Commission affirms staffs determination. II. DESCRIPTION OF THE REQUEST Recently, Mery Lapin, the owner of two adjacent properties on West Meadow Drive inquired with the Town Staff with regard to the redevelopment of his two lots. His initial concept is two remove the structure upon each individual lot and reconstruct a single structure across the shared property line. In response to this request Town Staff reviewed the Code with regard to the regulations pertaining to a concept of this nature. The portions of the Code that were examined include Title 12, Zoning Regulations, and Title 13, Subdivision Regulations, Vail Town Code. These portions of the Code were examined as they contain the regulations which determine the processes for land use development. The Code Sections that Staff found to be applicable are found in Section III of this memorandum. In reviewing Title 12 of the Code Staff found references to the ability to utilize lots or sites in numerous zone districts as the basis for the zoning parameters which establish development potential. Furthermore, in reading the Title 12 definition of "lot or site" it is clear that a "lot or site" can be comprised of multiple different land defining methods from platted to metes and bounds descriptions. With this information Staff was left with the questions of who can establish a development "lot or site" and the process that was required by the Code. These questions pointed staff in the direction of reviewing Title 13. Sections 13 -1 -2, Purpose, 11/2/201(l 10 -3 -1 and 13 -1 -3, Compliance, Vail Town Code, were reviewed in order to establish any applicability. Subsection 13- 1 -3(D), Compliance, Vail Town Code, regulates the construction of structures on parcels of land which meet the subdivision chapter regulations. Staff interpreted this initially as a structure need to be contained within a single established parcel thus prohibiting a structure from crossing over a shared property line. However, upon further review Staff concluded that so long as all the established defined parcels meet the regulations of Title 13, that there was nothing prohibiting multiple parcels from being assembled to create a development "lot or site" as defined in Title 12. Furthermore, in reviewing the definition of "Lot' as found in Title 13, Subdivision Regulations, Vail Town Code, staff determined that it was possible to have a "Lot" comprised of a "parcel or portion of land." In conclusion, when reviewing the definition of "Lot" from Title 13, and the definition of "Lot or Site" from Title 12, it was determined that no platting process was required to establish a development lot or site as permitted in multiple zone districts. While the Code did not provide a clear answer to whom could establish a development "lot or site" Staff felt that so long as a subdivision process was not required by Title 13, that an owner or group of owners had the right to determine what assemblage of lots of record, a portion of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds would be established as their development lot or site. While a specific request was made Mery Lapin regarding his situation, the review of this Staff determination should be reviewed with the mindset that the affirmation or modification of Staff's determination impacts numerous properties throughout Town. Any affirmation or modification of Staff's administrative determination will apply throughout the Town. A copy of the written determination to Mery Lapin has been attached for reference (Attachment A). III. APPLICABLE PLANNING DOCUMENTS Title 12, Zoning Regulations, Vail Town Code (in part) Chapter 12 -3, Administration and Enforcement 12 -3 -3: Appeals: A. Administrative Actions: Any decision, determination or interpretation by any town administrative official with respect to the provisions of this title and the standards and procedures hereinafter set forth shall become final at the next planning and environmental commission meeting (or in the case of design related decision, the next design review board meeting) following the administrator's decision, unless the decision is called up and modified by the board or commission. Section 12 -2 -2, Definitions, Vail Town Code, LOT OR SITE: A parcel of land occupied or intended to be occupied by a use, building, or structure under the provisions of this title and meeting the minimum requirements of this title. A lot or site may consist of a single lot of record, a portion of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds. 11/2/201 10 -3 -2 Chapter 12 -6D, Two - family Primary Secondary Residential District 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. 12 -6D -5: Lot Area And Site Dimensions: The minimum lot or site area shall be fifteen thousand (15, 000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30). Each site shall be of a size and shape capable of enclosing a square area, eighty feet (80) on each side, within its boundaries. 12 -6D -8: Density Control: A. Dwelling Units: Not more than a total of two (2) dwelling units shall be permitted on each site with only one dwelling unit permitted on existing lots less than fourteen thousand (14,000) square feet. B. Gross Residential Floor Area: 1. The following gross residential floor area (GRFA) shall be permitted on each site: a. Not more than forty six (46) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of the first ten thousand (10,000) square feet of site area; plus b. Thirty eight (38) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over ten thousand (10, 000) square feet, not exceeding fifteen thousand (15,000) square feet of site area; plus c. Thirteen (13) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area over fifteen thousand (15, 000) square feet, not exceeding thirty thousand (30, 000) square feet of site area; plus d. Six (6) square feet of gross residential floor area (GRFA) for each one hundred (100) square feet of site area in excess of thirty thousand (30, 000) square feet. 2. The secondary unit shall not exceed forty percent (405o') of the allowable gross residential floor area (GRFA). 11/2/201S 10 -3 -3 Title 13, Subdivision Regulations, Vail Town Code (in part) 13 -1 -2: PURPOSE: A. Statutory Authority. The subdivision regulations contained in this title have been prepared and enacted in accordance with Colorado Revised Statutes title 31, article 23, for the purpose of promoting the health, safety and welfare of the present and future inhabitants of the town. B. Goals: To these ends, these regulations are intended to protect the environment, to ensure efficient circulation, adequate improvements, sufficient open space and in general, to assist the orderly, efficient and integrated development of the town. These regulations also provide for the proper arrangement of streets and ensure proper distribution of population. The regulations also coordinate the need for public services with governmental improvement programs. Standards for design and construction of improvements are hereby set forth to ensure adequate and convenient traffic circulation, utilities, emergency access, drainage, recreation and light and air. Also intended is the improvement of land records and surveys, plans and plats and to safeguard the interests of the public and subdivider and provide consumer protection for the purchaser; and to regulate other matters as the town planning and environmental commission and town council may deem necessary in order to protect the best interests of the public. C. Specific Purposes: These regulations are further intended to serve the following specific purposes: 1. To inform each subdivider of the standards and criteria by which development proposals will be evaluated, and to provide information as to the type and extent of improvements required. 2. To provide for the subdivision of property in the future without conflict with development on adjacent land. 3. To protect and conserve the value of land throughout the municipality and the value of buildings and improvements on the land. 4. To ensure that subdivision of property is in compliance with the town's zoning ordinances 1, to achieve a harmonious, convenient, workable relationship among land uses, consistent with town development objectives. 5. To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreation, and other public requirements and facilities and generally to provide that public facilities will have sufficient capacity to serve the proposed subdivision. 6. To provide for accurate legal descriptions of newly subdivided land and to establish reasonable and desirable construction design standards and procedures. 7. To prevent the pollution of air, streams and ponds, to assure adequacy of drainage facilities, to safeguard the water table and to encourage the wise use and management of natural resources throughout the town in order to preserve the integrity, stability and beauty of the community and the value of the land. 11/2/20114 10 -3 -4 13 -1 -3: COMPLIANCE: A. General Prohibition: It is unlawful for any person, business, or corporation to violate any of the provisions of this chapter or to transfer, sell, lease or agree to sell or lease, any lot, tract, parcel, site, separate interest (including a leasehold interest), interest in common, condominium interest, timeshare estate, fractional fee, or timeshare license, or any other division within a subdivision within the town until such subdivision has been approved in writing by the administrator, planning and environmental commission and /or the council (whichever is applicable) and a plat thereof recorded in the office of the Eagle County clerk and recorder; provided, however, that a written agreement to sell or lease which is expressly conditioned upon full compliance by the seller with the subdivision regulations of the town within a specified period of time and which expressly recites the seller's failure to satisfy such condition within such period of time shall terminate the agreement and entitle the buyer to the prompt return of all consideration heretofore paid by the buyer under such agreement, shall not constitute a violation of this subsection. B. Prohibitive Conveyance: No lot or parcel of land, nor any interest therein, shall be transferred, conveyed, sold, subdivided or acquired either in whole or in part, so as to create a new nonconforming lot, or to avoid or circumvent or subvert any provision of this chapter. C. Responsibility: The owner, developer, buyer, or seller shall be fully responsible for all acts of agents or employees thereof that are committed in violation of the terms of this chapter. D. Prohibited Construction: No structure shall be constructed, nor building permit issued for a structure, on any parcel of land except where such structure is to be constructed upon a parcel which meets the regulations contained herein. The lot lines, common walls, individual units, condominium units established in such development or parcel shall not be changed or altered by conveyance of a part thereof, nor shall any part of the same be joined with a part of any other for conveyance or construction or converted to condominiums or time sharing unless and until written application, and other required materials, has been made to and approved in writing by the administrator, planning and environmental commission and /or the council (whichever is applicable). E. Remedies For Violations: In addition to all remedies provided by law, the town shall be authorized to enforce its subdivision regulations as follows: 1. The town, in addition to other remedies provided, may institute an action for injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, remove an unlawful construction, use, occupancy or conveyance or to enjoin any subdivider from selling, agreeing to sell or offering to sell, or otherwise convey, before full compliance with the provisions of the chapter, any parceled land or other interest which sale conveyance would constitute a "subdivision" as defined in section 13 -2 -2 of this title. 2. The town building official shall refuse to issue permits of any kind for the construction of any building or other improvements upon any land for which an approved final plat is required by this chapter, unless and until the requirements hereof have been complied with. 11/2/201 (] 10 -3 -5 3. No building permit shall be issued for any lot or parceled land which has been transferred, conveyed, sold, subdivided or acquired in violation of this chapter. Any transferee who acquires a lot or a parcel of land in violation of this chapter without knowledge of such violation, and any subsequent transferee, shall have the right to rescind and /or receive damages from any transferor who violates the provisions of this chapter. 4. The administrator, planning and environmental commission and /or council (whichever is applicable) may withdraw any approval of a plan or plat or require certain corrective measures to be taken following a determination that information provided by the subdivider, or by anyone on his or her behalf, upon which a decision was based is false or inaccurate. The administrator shall cause written notice to be served on the subdivider, or his /her assignees, setting out a clear and concise statement of the alleged false or inaccurate information provided by the subdivider, or agents on his /her behalf and directing the subdivider to appear at a certain time for a hearing before the planning and environmental commission not less than fifteen (15) days nor more than thirty (30) days after the date of service of notice. The planning and environmental commission shall determine at the hearing the nature and extent of the alleged false or inaccurate information and shall have power, for good cause being shown, to withdraw any approval or require certain corrective measures to be taken. However, withdrawal of approval or imposition of corrective requirements shall not be an exclusive remedy on finding by the planning and environmental commission that inaccurate information has been received, and any and all remedies provided by law may be exercised. Chapter 13 -2, Definitions, Vail Town Code (in part) LOT. A parcel or portion of land separated from other parcels or portions by legal description and abutting upon one or more public streets or roads and intended as a unit for the transfer whether immediate or future, of ownership or for development. IV. RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission confirms Staff's administrative determination pursuant to 12- 3 -3(A), Administrative Actions, Vail Town Code, regarding the ability of a property owner to establish a development site comprised of multiple lots of record, portions of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds, without the review of a subdivision pursuant to the provisions of Title 13, Subdivision, Vail Town Code. This recommendation is based upon the review of the Vail Town Code as outlined in this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to confirm Staff's administrative determination there is no action that needs to be taken by the Commission. Should the Planning and Environmental Commission choose to confirm Staff's administrative determination, the Community Development Department recommends the Commission makes the following findings: 11/2/2016 10 -3 -6 "Based upon the review of the Vail Town Code as outlined in the Staff memorandum to the Planning and Environmental Commission dated September 27, 2010, and the evidence and testimony presented, the Planning and Environmental Commission finds: "1. The establishment of a development site by a property owner complies with each of the applicable provisions of Title 12, Zoning Regulations, and Title 13, Subdivision Regulations, Vail Town Code 2. The establishment of a development site does not grant any approval for any future development as all proposals shall comply with the applicable regulations of the Vail Town Code for review. 3. The establishment of a development sight results in all lots of record, a portion of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds being considered a single lot for zoning purposes." V. ATTACHMENTS A. Letter to Mery Lapin dated August 27, 2010 11/2/201(7 10 -3 -7 PLANNING AND ENVIRONMENTAL COMMISSION MEETING RESULTS September 27, 2010 at 1:00pm nWN0FYAli+ TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT David Viele Tyler Schneidman John Rediker Bill Pierce Luke Cartin Henry Pratt Michael Kurz 30 minutes 1. A request for the review of a conditional use permit pursuant to Section 12 -9C -3, Conditional Uses, Vail Town Code, to allow for the construction of active outdoor recreation areas, facilities, and uses (lightning shelter), generally located at the #3 green of the Vail Golf Course /Tract E, Vail Village Filing 7; and setting forth details in regard thereto. (PEC100037) Applicant: Vail Recreation District, represented by Scott O'Connell Planner: Bill Gibson ACTION: Approved MOTION: Kurz SECOND: Cartin VOTE: 3 -1 -1 ( Viele opposed, Pratt recused) Henry Pratt recused himself due to a conflict of interest. Bill Gibson made a presentation per the Staff memorandum. Scott O'Connell of the Vail Recreation District made a brief presentation regarding the project and noted that the efforts the VRD has made to work with the adjacent homeowners including the proposed removal of the shelters walls. Commissioner Kurz asked O'Connell how the proposed lightning shelter locations were selected and noted that similar shelters are common at many golf courses. O'Connell responded that lightening is a significant concern for guest safety and as a result, lightening shelters are an important improvement to the course. He noted that several alternative locations were considered for the lightning shelter. Mike Ortiz, Executive Director of the VRD, added that there are over 25,000 rounds of golf are annually played at the Vail Golf Course and lightening shelters would improve player safety. The VRD will be proposing additional future lighting shelter sites based upon the recommendation of the golf course architect. Commissioner Rediker asked if architectural changes based upon neighbor concerns would result in changes to the size of the shelter. O'Connell responded that the shelters would be reduced in size from 18'x18' to 16'x16'. Commissioner Cartin asked if there are utilities, lighting and other aspects to the shelters. O'Connell responded that there are no utilities or lights associated with the structure. Pa e 1 11/2/2Y 10 10-4-1 Ned Gwathmey, representing adjacent property owners Johnson and McIntyre, stated that the proposed shelter will be visible and closely located to the neighbor's homes. He noted that the proposed shelter will create an attractive nuisance that could be used for other purposes than shelter from lightning. They requested that the VRD pursue an alternate location such as one closer to the Hole #3 tee box or elsewhere. Bill McIntyre, neighbor on Hornsilver Circle, stated that he has lived in this location for a long time and has a great relationship with the VRD. He stated the shelter will create a nuisance due to its proximity to his house and to the road. He said alternative locations including the tee box at Hole #3 or on the other side of the road at Hole #4 would be more appropriate. He stated he is not against the concept of lightning shelters, but hopes for a better location. Jim Weir, of Sherman and Howard, LLC, is a representative of the Mclntyres and the Johnsons. He stated that the shelter should be located in a place that minimizes impacts to neighbors. Ned Gwathmey stated that he lives on the Arrowhead Golf Course at the Country Club of the Rockies. He said lightening shelters at that course are far from homes. He then distributed an email from Scott O'Connell outlining changes to the shelter design. Commissioner Kurz asked Scott O'Connell about the potential nuisance issue at other shelters and this shelter. O'Connell responded that he met with the Vail Police to discuss potential issues with this type of shelter. He stated that Vail Police although Vail Police do not have current issues with criminal behavior in this area, they would monitor the proposed shelter, Commissioner Rediker asked what considerations were given to move the structure to other locations, such as the Hole #3 hole tee box or Hole #4. O'Connell stated that there were three alternate locations that were studied. He said that placing the structure near the tee boxes would eliminate much needed tee box area. He said other areas did not provide ADA access without adding new elements such as ramps. He also stated the VRD looked at the area west of the #3 tee box, but this area was eliminated as an option since the shelter would not be apparent to passing golfers. Locations at #4 were eliminated because potential locations since the structure would be in the range of play. He stated that there are more homeowners impacted with structure at Hole #4. He stated that guest safety is the number one concern of the VRD. Commissioner Rediker asked if opening up the structure would reduce effectiveness of the shelter for guests. O'Connell responded that while guests might get rained on, they would be protected from lightening with an open shelter. Commissioner Viele asked where other shelters were located. He stated that there could be other locations further from the road that would better protect people while not attracting kids. He suggested a location near Hole #8. O'Connell responded that any location on Hole #8 would be in play and would disrupt the ease of golfing on the adjacent holes. Ortiz added that the average age of Vail Golf Course golfers is 55 and easy access and ADA compliance are important. Pa e 2 11/2 / 2� 10 10 -4 -2 Commissioner Viele asked what percent of golfers are driving carts. Ortiz responded that approximately 40% of golfers are driving carts. Ned Gwathmey added that the proposed lightning shelter could be moved to a different hole. Ortiz responded that the key to a useful lightning shelter is visibility for golfers. He said kids who are partying are going to go where they are not visible and not in this shelter near the road. Commissioner Kurz commented that he understands the concerns of the neighbors, but any improper activities could quickly be resolved with a single phone call to the VRD or police. He noted that the VRD had done great due diligence on this proposal. 20 minutes 2. A request for review of a variance from Section 12 -6F -6, Setbacks, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for an addition within the side setback, located at 1817 Meadow Ridge Road, Unit 6 /Lot 21, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC100040) Applicant: Robert Boymer Planner: Rachel Friede ACTION: Tabled to October 11, 2010 MOTION: Kurz SECOND: Pratt VOTE: 5 -0 -0 30 minutes 3. A report to the Planning and Environmental Commission on an administrative determination, pursuant to 12- 3 -3(A), Administrative Actions, Vail Town Code, regarding the ability of a property owner to establish a development site comprised of multiple lots of record, portions of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds, without the review of a subdivision pursuant to the provisions of Title 13, Subdivision Regulations, Vail Town Code. Applicant: Town of Vail Planner: Warren Campbell Warren Campbell made a presentation per the Staff memorandum. Mery Lapin stated that he does not want to replat the property so that it is easy for the heirs to his estate to build two new homes on the properties instead of having to subdivide the properties in the future. The proposed configuration of the duplex would allow one half of the duplex to remain while another structure could be built on the other lot with both complying with setbacks. Warren Campbell stated that the proposal has not been reviewed by the Design Review Board. Mr. Lapin added that the project would remove minimal trees. Commissioner Rediker stated his concern that this type of approval of combining platted lots into a development site does not take into account the future impacts. He asked if Staff or the Town Attorney have looked into long -term impacts. Warren Campbell stated that staff has looked at long term impacts and the Town Attorney has participated in these discussions. He said the main concern of staff is how this potentially changes the neighborhood. He said the Design Review Board could use the criteria to deny a structure of this size due to any negative effects on the neighborhood. Pa e 3 11/2 / 2� 10 10 -4 -3 Commissioner Pratt asked how setbacks could be ignored from a zoning perspective as the structure would cross a shared platted property line. Warren Campbell noted that in some cases, development sites have been established to create setbacks on the perimeter of the combined properties. Commissioner Viele stated that the applicant would be giving up a lot of development potential and this could offset the setback requirement. Warren Campbell stated that a variance would be difficult to support due to a lack of hardship. Commissioner Pratt asked what mechanism allows the Town to vacate the setbacks. Warren Campbell stated that the conglomeration of parcels is administrative and establishes the new "development site ". Commissioner Pratt asked if this allows staff to supersede a platted property line. Commissioner Kurz stated that this process would allow property owners to create their own development sites. He asked if this is strong enough of a process to allow combining lots. Commissioner Rediker stated his concern regarding creating de facto legislation through this determination. Mery Lapin said he wanted to keep the property line for estate planning purposes and to keep the two lots. Commissioner Cartin asked if this type of determination could be limited to a certain district or overall lot size. Warren Campbell stated that any type of limitation to this determination should be codified by creation of new regulations. Commissioner Pratt stated that he doesn't have anything against the proposed design or concept, but he couldn't justify the elimination of setbacks. Commissioner Kurz stated that there are holes in the Vail Town Code that perhaps should be addressed for procedural purposes. Mery Lapin stated that he loses development potential by combining the lots. Commissioner Kurz stated that reduction in GRFA is positive. Warren Campbell stated that there are two options- call up the administrative determination or confirm staff's administrative determination. Commissioner Rediker asked if the PEC could approve a variance versus a blanket approval of creation of development sites. Warren Campbell asked Matthew Mire, Town Attorney, if lot lines could be reinstated after a structure would be removed. Page 4 11/2 / 2 10 -4 -4 Matt Mire, Esq. responded that a resubdivision would need to occur, although he said other attorneys could have another opinion. Commissioner Pratt asked what mechanism allows the vacation of setbacks. Warren Campbell stated that all other examples have plat notes that state a development site has been established. Matt Mire, Esq. added that a combination of properties could occur by a property owner to create a site. Warren Campbell said that if the PEC wants to discuss this to a greater degree, the item needs to be called up. Commissioner Rediker asked what finding #1 in the memorandum means. Matt Mire added that this process to combine lots for the purpose of creating a development site are within the regulations of Titles 12 and 13. The Planning and Environmental Commission choose to affirm staff's administrative determination. 30 minutes 4. A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to establish regulations for ski yard base area signage, and setting forth details in regard thereto. (PEC100041) Applicant: Town of Vail Planner: Rachel Friede ACTION: Recommendation of approval MOTION: Kurz SECOND: Pratt VOTE: 4 -0 -1 (Carlin recused) Commissioner Cartin recused himself due to a conflict of interest. Rachel Friede made a presentation per the staff memorandum. Commissioner Kurz stated that what was being proposed was appropriate for the ski yards. Commissioner Rediker inquired as to seasonal and restaurant advertising in the ski yard. Commissioners Viele and Pratt expressed their support. 5 minutes 5. A request for the review of a conditional use permit, pursuant to Section 12 -9C -3, Conditional Uses, Vail Town Code, for a public building and grounds, to allow for the construction of a new structure to replace the Lionshead Parking Structure Auxiliary Building to provide guest related facilities, located at 395 South Frontage Road West /Lot 1, Block 2, Vail Lionshead First Filing, Lot 3, A Resubdivision of Lot 1, Block 1, Vail Lionshead Second Filing, and East Lionshead Circle rights -of -way, and setting forth details in regard thereto. (PEC100042) Applicant: Town of Vail, represented by Tom Braun Planner: Warren Campbell ACTION: Tabled to October 11, 2010 MOTION: Kurz SECOND: Pratt VOTE: 5 -0 -0 Page 5 11/2/2 10 10 -4 -5 5 minutes 6. A request for final review of conditional use permits, pursuant to Section 12 -71 -5, Conditional Uses: Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to allow for the development of a public or private parking lot (parking structure); a vehicle maintenance, service, repair, storage, and fueling facility; a ski lift and tow (gondola), within "Ever Vail' (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West rig ht-of-way/U nplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080063) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to November 8, 2010 MOTION: Kurz SECOND: Pratt VOTE: 5 -0 -0 5 minutes 7. A request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to 12 -3 -7, Amendment, Vail Town Code, to allow for a rezoning of properties from Arterial Business District and unzoned South Frontage Road West right -of -way which is not zoned to Lionshead Mixed Use -2, properties known as "Ever Vail' (West Lionshead), located at 953 and 1031 South Frontage Road West and South Frontage Road West right -of -way, (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080061) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to November 8, 2010 MOTION: Kurz SECOND: Pratt VOTE: 5 -0 -0 5 minutes 8. A request for a final review of a variance from 12- 71 -14, Site Coverage, Vail Town Code, pursuant to Chapter 12 -17, Variances, to allow for additional site coverage below grade, within "Ever Vail" (West Lionshead), located at 934 (BP Site), 953 (Vail Professional Building), 1031 (Cascade Crossing) S. Frontage Road / Unplatted; 862 (VR Maintenance Shop) and 923 (Holy Cross Lot) S. Frontage Road / Tracts A and B, S. Frontage Road Subdivision; 1000 (Glen Lyon Office Building) S. Frontage Road / Lot 54, Glen Lyon Subdivision (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC090035) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to November 8, 2010 MOTION: Kurz SECOND: Pratt VOTE: 5 -0 -0 5 minutes 9. A request for a final recommendation to the Vail Town Council for a proposed major amendment to Special Development District No. 4, Cascade Village, pursuant to Article 12 -9A, Special Development District, Vail Town Code, to allow for the removal of the Glen Lyon Commercial Site, Development Area D, (Glen Lyon Office Building) from the District for incorporation into the properties known as "Ever Vail' (West Lionshead), located at 1000 S. Frontage Road West/Lot 54 Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC090036) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to November 8, 2010 MOTION: Kurz SECOND: Pratt VOTE: 5 -0 -0 5 minutes 10. A request for a work session on a major exterior alteration, pursuant to Section 12 -71 -7, Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the area known as "Ever Vail' (West Lionshead), with multiple mixed -use structures including but not limited to, Pa e 6 11/2 / 2� 10 10 -4 -6 multiple - family dwelling units, fractional fee units, accommodation units, employee housing units, office, and commercial /retail uses, located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West rig ht-of-way/U nplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080064) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to November 8, 2010 MOTION: Kurz SECOND: Pratt VOTE: 5 -0 -0 5 minutes 11. A request for an amendment to an Approved Development Plan, pursuant to Section 12- 61 -11, Development Plan Required, Housing Zone District, Vail Town Code, to allow for revisions to the required landscape plan and geologic hazard mitigation plan for the redevelopment of the easternmost 5.24 acres of the Timber Ridge Village Apartments; and a request for the review of a variance, from Section 14 -5 -1, Minimum Standards, Parking Lot and Parking Structure Design Standards for All Uses, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for a crossover drive aisle width of less than thirty -feet (30') within the required parking structure, located at 1280 North Frontage Road /Lots 1 -5, Block C, Lions Ridge Subdivision Filing 1,and setting forth details in regard thereto. (PEC100018 /PEC100019) Applicant: Vail Timber Ridge L.L.C. Planner: George Ruther ACTION: Tabled to November 8, 2010 MOTION: Kurz SECOND: Pratt VOTE: 5 -0 -0 5 minutes 12. A request for a final recommendation to the Vail Town Council for prescribed regulations amendments to Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to provide regulations that will implement sustainable building and planning standards, and setting forth details in regard thereto. (PEC090028) Applicant: Town of Vail Planner: Rachel Friede ACTION: Tabled to November 22, 2010 MOTION: Kurz SECOND: Pratt VOTE: 5 -0 -0 5 minutes 13. A request for the review of a conditional use permit pursuant to Section 12 -6H -3, Conditional Uses, Vail Town Code, to allow for a private parking structure (the seasonal leasing of existing private parking spaces), located at 434 South Frontage Road (Lunar Vail) /Lot 1, Resubdivision of a part of Tract D, Vail Village 5 Filing, and setting forth details in regard thereto. (PEC100043) Applicant: Vail Mountain View Residences on Gore Creek, represented by Jack Hunn Planner: Bill Gibson ACTION: Withdrawn 14. Approval of September 13, 2010 minutes MOTION: Kurz SECOND: Pratt VOTE: 5 -0 -0 15. Information Update 16. Adjournment MOTION: Kurz SECOND: Pratt VOTE: 4 -0 -0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The Pa 7 11/2 / 2�l 10 10 -4 -7 public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479 -2138 for additional information. Sign language interpretation is available upon request with 24 -hour notification. Please call (970) 479 -2356, Telephone for the Hearing Impaired, for information. Community Development Department Published September 24, 2010, in the Vail Daily. Pa e 8 11/2/210 10 -4 -8 12 -3 -5: DECLARATION OF SITE ALLOCATION: A. File With Administrator: Whenever a site used or intended to be used pursuant to the provisions of this title cannot be clearly defined or identified by means of a single lot of record or by portions of combinations thereof, or by other recorded or legally recognized designation, the owner or his /her authorized agent may file a declaration of site allocation with the administrator. B. Information Provided: The declaration of site allocation shall be filed on a form to be provided by the administrator, and shall be accompanied by a map drawn to scale indicating the exact location, shape, and dimensions of the site and such other information as may be required by the administrator, including existing or proposed structures or improvements on the same or adjoining sites. C. Sworn; Option: The administrator may require that the declaration of site allocation be sworn to by the owner or owners of the site. D. Lots To Meet Standards: No site declared under this section shall be recognized as a usable site pursuant to the provisions of this title if it results in creation of any site or parcel of land which does not fully meet the lot site and dimension requirements of the zone district in which it is located. The declaration of site allocation procedure shall not be substituted for the procedures prescribed in t0e 113 of this code if the site constitutes a portion of a parcel which can be further subdivided or otherwise is subject to the provisions of JHe ii 3 of this code. (Ord. 29(2005) § 19: Ord. 8(1973) § 21.300) 11/2 /2010 10 -5 -1