Loading...
HomeMy WebLinkAbout2011-08-02 Agenda and Support Documentation Town Council Evening Session VAIL TOWN COUNCIL EVENING SESSION AGENDA TOM IJF ' ML' VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 4:00 P.M., AUGUST 2, 2011 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: Consent Agenda: 1) Approval of the July 5 and 19, Council meeting minutes; 2) Approval of Resolution No. 13, Series of 2011 A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and the Eagle River Water and Sanitation District. 3) Approval of Resolution No. 14, Series of 2011 A Resolution to Ratify the Amended Articles of Association of the Northwest Colorado Council of Covernments (NWCCOG). 4) #7 Hole Electric Line Burial 5) 2011 Street Maintenance Project, Crack Sealing 6) EHU Exchange Requests (15 min.) 2. ITEM /TOPIC: Town Manager Report: Revenue Highlights (15 min.) 3. ITEM /TOPIC: Gore Creek Stream Tract Encroachment Update (15 min.) PRESENTER(S): Rachel Dimond ACTION REQUESTED OF COUNCIL: Instruct Staff on next steps for removal of streamtract encroachments. BACKGROUND: On October 6, 2009, Town Council adopted a "zero tolerance" policy for allowing private encroachments on town -owned stream tract lands constructed without approval and instructed Staff to pursue removal of all encroachments. 43 property owners were sent letters by Staff in April 2011. Of these properties: - 4 completely resolved encroachments - 1 property received Town Council approval to have the Town of Vail remove encroachments - 26 properties have agreed to remove encroachments - 3 properties have impending site visits to discuss resolution - 8 properties have received letters according to certified return receipts but have not contacted the Town to resolve - 1 property refuses to accept the certified letter STAFF RECOMMENDATION: Staff recommends the Vail Town Council 8/2/2011 direct Staff to proceed with the recommended next steps. 4. ITEM /TOPIC: Comcast representative will provide update on new product and services. (15 min.) PRESENTER(S): Mike Trueblood & Ron Braden 5. ITEM /TOPIC: Dinner Break (60 min.) 6. ITEM /TOPIC: Citizen Participation (15 min.) PRESENTER(S): Public 7. ITEM /TOPIC: Review porposed draft of Resolution No. 12, Series 2011, A RESOLUTION SUBMITTING A BALLOT QUESTION TO THE REGISTERED ELECTORS OF THE TOWN OF VAIL AT THE NOVEMBER 8, 2011 REGULAR TOWN ELECTION REGARDING THE USE OF CERTAIN LODGING TAX AND SALES TAX REVENUES, AND SETTING FORTH DETAILS IN REGARD THERETO. (20 min) PRESENTER(S): Stan Zemler Matt Mire ACTION REQUESTED OF COUNCIL: Review proposed language presented in the attached draft resolution which will be presented for your adoption on August 16th. BACKGROUND: On July 19th, Council was presented with the results of a poll of registered voters conducted by Public Opinion Strategies to determine voters reaction to proposed ballot language for use of funds originallly collected for a conference center. A resolution adopted by the Council is required to place a question on the November 8, 2011 ballot. The attached draft sets forth the reasons for submitting a ballot question and would set ballot language identical to that which was tested in the poll. A draft resolution is presented here for discussion so that any changes and /or additions requested by Council may be incorporated prior to proposed adoption of the rsolution on August 16. STAFF RECOMMENDATION: Staff requests direction from Council to return on August 16, 2011 with a Resolution No. 12 as currently drafted or with changes as determined this evening. 8. ITEM /TOPIC: East Lionshead Mall Plaza and Concert Hall Plaza Concepts (45min) PRESENTER(S): Tom Kassmel ACTION REQUESTED OF COUNCIL: Review the concepts presented, provide comment, and provide direction to staff to proceed thru the Town's entitlement process with one alternative for each project site. BACKGROUND: On May 17th, 2011 Council awarded the design contract for the Lionshead Transit Center Phase III - Lionshead East Mall Plaza and Concert Hall Plaza Streetscape Projects to the Mary Hart Design Team. The Lionshead East Mall Plaza and Concert Hall Plaza Streetscape Projects are the third phase of the Lionshead Transit Center redevelopment and are 8/2/2011 funded by the Vail Reinvestment Authority(VRA) thru Tax Increment Financing(TIF) dollars. The two projects complete the link between the Lionshead Transit Center, the redeveloped Lionshead Mall commercial core and the hotels and lodges of west Lionshead.Staff and the Design Team will present options for both the East Lionshead Mall Plaza and Concert Hall Plaza. STAFF RECOMMENDATION: Review the concepts presented, provide comment, and provide direction to staff to proceed thru the Town's entitlement process with one alternative for each project site. 9. ITEM /TOPIC: Emergency Ordinance No. 17, Series of 2011, an ordinance to approve the general planning document for the 2011 USA Pro Cycling Challenge, to allow for temporary amendments to the Town's fire lanes, no parking areas, pedestrian zones and outdoor display and sign regulations to facilitate the 2011 USA Pro Cycling Challenge, and setting forth details in regard thereto. (15 min.) PRESENTER(S): Rachel Dimond ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Emergency Ordinance No. 17, Series of 2011. BACKGROUND: The USA Pro Cycling Challenge is expected to be the largest spectator event in Colorado history and one of the largest sporting events to ever take place in the United States. For seven consecutive days, 128 of the world's top athletes will race across nearly 600 miles through the majestic Rockies, reaching higher altitudes than they've ever had to endure, more than two miles in elevation. It's the best of the best in professional cycling, competing on a challenging course through some of America's most beautiful scenery, including cities such as Aspen, Vail, Breckenridge and Steamboat Springs. As the interest in professional cycling continues to grow as a global sport, (which is evident by the addition of two new UCI- sanctioned races this year alone in Beijing and Quebec), it is fitting that the USA Pro Cycling Challenge comes along just in time to put a stake in the ground for the United States. The USA Pro Cycling Challenge is expected to be one of the biggest and best races worldwide... America's answer to the Tour de France. The inaugural USA Pro Cycling Challenge will take place August 22 -28, 2011. With more than one million spectators and viewers expected for the event, as well as national television exposure on NBC and the cable network VERSUS, the USA Pro Cycling Challenge will be the race to celebrate in America. Spectators of this race will see Olympians, World Champions and Tour de France competitors. Fans worldwide will have access to the competition and riders like never before with the most advanced, interactive online, smartphone and broadcast television experience presented to date in professional cycling. The 2011 USA Pro Cycling Challenge will hold a time trial in Vail on August 25, 2011. The proposed suspension of regulations would help facilitate this 8/2/2011 world class event, and would be effective from Wednesday, August 24, 2011 through Thursday, August 25, 2011. The regulations will be effective for the racecourse area, which runs through Vail Village and follows the Frontage Road and Bighorn Road to the cul -de -sac on the Vail Pass recreation path. STAFF RECOMMENDATION: Staff recommends the Vail Town Council approve Emergency Ordinance No. 17, Series of 2011. 10. ITEM /TOPIC: The first reading of Ordinance No. 18, Series of 2011, an ordinance rezoning the Ruder cemetery, Red Sandstone Park parking lot, and Parcel G of the Residences at Briar Patch from residential districts to open space and recreation districts. This ordinance will be reviewed concurrently with the Resolution No. 15, Series of 2011, agenda item. (15 minutes) PRESENTER(S): Bill Gibson, Planner ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 18, Series of 2011, on first reading. BACKGROUND: On June 27, 2011; July 11, 2011; and July 25, 2011 the Town of Vail Planning and Environmental Commission forwarded recommendations of approval for the Zoning map amendments for the Ruder cemetery, Red Sandstone Park parking lot, and Parcel G of the Residences at Briar Patch. STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Vail Town Council approves Ordinance No. 18, Series of 2011, on first reading. 11. ITEM /TOPIC: Resolution No. 15, Series of 2011, a resolution changing the land use designation of the Ruder cemetery, Red Sandstone Park parking lot, and Parcel G of the Residences at Briar Patch from residential to open space. This resolution will be reviewed concurrently with the Ordinance No. 18, Series of 2011, agenda item. (5 minutes) PRESENTER(S): Bill Gibson, Planner ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Resolution No. 15, Series of 2011. The Vail Town Council may also choose to table this resolution to correspond with the second reading of the associated Ordinance No. 18, Series of 2011. BACKGROUND: On June 27, 2011; July 11, 2011; and July 25, 2011 the Town of Vail Planning and Environmental Commission forwarded recommendations of approval for the Land Use Plan map amendments for the Ruder cemetery, Red Sandstone Park parking lot, and Parcel G of the Residences at Briar Patch. STAFF RECOMMENDATION: The Planning and Environmental 8/2/2011 Commmision recommends the Vail Town Council approves Resolutions No. 15, Series of 2011, or tables this item to correspond with the second reading of the associated Ordinance No. 18, Series of 2011. 12. ITEM /TOPIC: Ordinance No. 16, Series of 2011, An Ordinance Amending Title 4 Chapter 2 of the Vail Town Code by the Addition of a New Section 4- 2-6 Governing Special Event Liquor Permits. (10 min.) PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 16, Series of 2011, on second reading. BACKGROUND: The Colorado General Assembly has adopted Senate Bill 11 -066, which takes effect August 10, 2011, and which allows local licensing authorities to assume sole authority to approve or deny applications for special event permits to serve alcohol. Ordinance No. 16, Series of 2011 will enable the Town Council to elect local control over special event permitting as allowed by Senate Bill 11 -066. STAFF RECOMMENDATION: Approve, approve with modifications, or deny Ordinance No. 16, Series of 2011, on second reading. 13. ITEM /TOPIC: This work session will focus on addressing several questions raised at the July 19th Town Council public hearing which focused on responding to questions from the previous July 5th meeting, the 3D model, view corridors, and pedestrain connections for the proposed Ever Vail development. The hearing will include a wrap up of the amendments to the Lionshead Redevelopment Master Plan proposed within Resolution No. 6, Series of 2011. Lionshead Redevelopment Master Plan (Resolution No. 6, Series of 2011): A request for a recommendation to the Vail Town Council for an amendment to the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the detailed plan recommendations for West Lionshead (Ever Vail), and setting forth details in regard thereto. (PEC 110002) Major Subdivision: A request for a review of a preliminary plan for a major subdivision, pursuant to Chapter 13 -3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment of the properties known as Ever Vail (West Lionshead), located at 862, 923, 934, 953, 1000 and 1031 South Frontage Road West, and the South Frontage Road West right -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. (PEC080062) Rezoning (Ordinance No. 7, Series of 2011): A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for a establish Lionshead Mixed Use 2 District zoning on Parcels 1 and 2 of the Ever Vail Subdivision located generally at 862, 923, 8/2/2011 934, 953, 1000, and 1031 South Frontage Road, and the South Frontage Road right -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. (PEC080061) Special Development District Amendment (Ordinance No. 8, Series of 2011): A request for a recommendation to the Vail Town Council for a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the removal of Development Area D (Glen Lyon Office Building) from Special Development District No. 4, Cascade Village, and for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to include the subject property in the Lionshead Mixed Use 2 District, located at 1000 South Frontage Road West/Lot 54, Glen Lyon Subdivison, and setting forth details in regard thereto. (PEC090036) Title 12, Zoning Regulations, Vail Town Code, Amendment ( Ordinance No. 9, Series of 2011): A request for a final recommendation to the Vail Town Council for prescribed regulation amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to amend Section 12- 10 -19, Core Areas Identified, Vail Town Code, to amend the core area parking maps to include "Ever Vail" (West Lionshead) within the "Commercial Core" designation, and setting forth details in regard thereto. (PEC080065) (60 min.) PRESENTER(S): Vail Resorts Development Company and Warren Campbell ACTION REQUESTED OF COUNCIL: The Community Development Department requests the Vail Town Council continue the Major Subdivision, Ordinance No. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011 to the August 16, 2011 public hearing. BACKGROUND: Lionshead Redevelopment Master Plan: On January 24, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for proposed amendments to the Lionshead Redevelopment Master Plan, by a vote of 3 -1 -2 (Rediker opposed, Viele and Cartin recused). Major Subdivision: On January 10, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, on the preliminary plan for the major subdivision to establish Parcels 1 and 2 of the Ever Vail Subdivision, by a vote of 5 -0 -2 (Viele and Cartin recused). Rezoning: On January 10, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for a zone district boundary amendment to establish Lionshead Mixed Use 2 District zoning on Parcels 1 and 2 of the Ever Vail Subdivision, by a vote of 5 -0 -2 (Viele and Cartin recused). Special Development District Amendment: On January 24, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for a major amendment to Special Development District (SDD) No. 4, Cascade Village, to remove the Glen Lyon Office Building from the SDD in order for it to be incorporated into the Ever Vail 8/2/2011 Subdivision, by a vote of 4 -0 -2 (Viele and Cartin recused). Title 12, Zoning Regulations, Vail Town Code, Amendment: On January 11, 2010, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for a prescribed regulations amendment to Section 12- 10 -19, Core Areas Identified, Vail Town Code, by a vote of 4 -0 -2 (Viele and Cartin recused). STAFF RECOMMENDATION: The Community Development Department recommends the Vail Town Council continue the public hearing on the request for the Major Subdivision, Ordinance No. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011 to the August 16, 2011 public hearing. 14. ITEM /TOPIC: Adjournment (9:05 p.m.) 8/2/2011 TOWWM OF 1� ! . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 2, 2011 ITEM /TOPIC: Consent Agenda: 1) Approval of the July 5 and 19, Council meeting minutes; 2) Approval of Resolution No. 13, Series of 2011 A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and the Eagle River Water and Sanitation District. 3) Approval of Resolution No. 14, Series of 2011 A Resolution to Ratify the Amended Articles of Association of the Northwest Colorado Council of Covernments (NWCCOG). 4) #7 Hole Electric Line Burial 5) 2011 Street Maintenance Project, Crack Sealing 6) EHU Exchange Requests ATTACHMENTS: July 5, 2011 Council Meeting Minutes July 19, 2011 Council Meeting Minutes Resolution No. 13, Series of 2011 Resolution No. 14, Series of 2011 2011 Street Maintenance Crack Seal Project #7 Hole Electric Line Burial EHU Exchange Requests 8/2/2011 Vail Town Council Meeting Minutes Tuesday, July 5, 2011 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Andy Daly Kerry Donovan Margaret Rogers Kevin Foley Members Absent: Kim Newbury Susie Tjossem Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. John Giovando, Executive Director of Bravo! Vail Valley Music Festival (Bravo!), thanked the Council and community for all the support of Bravo! Ann -Marie McDermott, Artistic Director of Bravo!, also thanked everyone for their support and reviewed the events of the upcoming season. Chris Cremer, with Ski Haus Bridge Street, wanted the Council to consider allowing four - wheeled bike carts in the town of Vail. Martha Mellon, a representative of the Colorado Department of Transportation (CDOT), addressed the Council regarding the delays on I -70 and Vail Pass. She said CDOT is working during the daytime because of the Jinx habitat issue. She said CDOT is aware this is causing major traffic delays. She stated there were two areas where CDOT is working on the road. They had linked both areas together and the long lane closures are difficult to manage. CDOT will be separating the two areas and go back to short lane closures in each area. Cleveland said he heard at different times, there was three miles of traffic backed up on the interstate. Nick Pols, a representative of American Civil Constructors (ACC) said when they consolidated to shorter one lane closures, it allowed traffic to go through better. ACC will monitor the traffic hourly. The delays are within a three -mile stretch of I -70 on Vail Pass. Cleveland said variable message signs (VMS) need to be in place to help the public know what is happening. He also stated the Cotrip.org website was currently not Vail Town Council Meeting Minutes of July 5, 2011 Page 1 8/2/2011 posting these delays or any other traffic issues and requested they get this information on the website. Jodi Randall, with ACC, stated in September there will be full closures eastbound from one to two hours for paving. Then the westbound lanes of I -70 and Vail Pass work will also begin through September. ACC will be juggling work on both sides of the highway at the same time. ACC will do its best to work the traffic pattern as they see it on a daily basis. She said there is a new VMS sign on the westbound lane. ACC will require a full closure of the pass westbound at night. Their contract doesn't allow them to work past noon on Fridays. Jim Lamont, representing the Vail Homeowners Association, said if the delays continue to be this long, the business community will be very upset. The second item on the agenda was the recognition of Nancy Ricci, Eagle County School District. Cleveland said Ricci is a wonderful role model for the community. Foley read the proclamation recognizing Nancy Ricci into the record. Cleveland thanked her for all her leadership and efforts in the Vail community. Ricci thanked the Council for the recognition and the opportunity to serve the community, families and Council members that have gone through the doors of Red Sandstone Elementary School. She said she is honored to have served this community. The third item on the agenda was the consent agenda. Daly made a motion to approve the consent agenda which included the June 7, 2011, and June 21, 2011, meeting minutes with minor corrections. The motion was seconded by Foley. A vote was taken and the motion was approved unanimously, 5 -0. The fourth item on the agenda was the Town Manager's Report. Kathleen Halloran, Budget Manager, reviewed the Revenue Highlights with the Council. She stated upon receipt of all sales tax returns, May collections are estimated to be $471,581 up 11.8% from last year and 0.7% down from budget. Year to date collections of $10.4 million are up 10.4% from prior year and up 11.7% from budget. Inflation as measured by the consumer price index was up 3.6% in May. She said use tax collections as of June 28, 2011, total $304,996 compared with $574,843 at this time last year, down 46 %. The annual budget of $500,000 projected a decrease of 55 %. She stated the Real Estate Transfer Tax (RETT) collections through June 28 total $2,320,557, down 22% from this time last year. Annual budgeted revenue of $4.7 million is a 32% decrease from 2010 collections. Approximately $1,041,280 or 44% is from major redevelopment projects including Arrabelle, Four Seasons, Landmark, Manor Vail, Mountain View, Ritz Carlton Residences, Solaris and The Sebastian. Vail Town Council Meeting Minutes of July 5, 2011 Page 2 8/2/2011 Collections not related to major redevelopment projects currently total $1,279,277, down 10.7% from this time last year. Dwight Henninger, Vail Police Chief, gave an update on the activities of the 4 th of July special event. He said there were four arrests; two alcohol related and two assaults which happened after the fireworks on Sunday. Some of the bar owners said they missed having the special event curfew in place as it helped them deal with the large number of people coming into their businesses. He said he feels the event was successful but cautioned the Council to allow this ordinance and view the events on a case -by -case basis based on what days the holidays fall on the calendar (i.e., a Friday or Saturday holiday would be more of a concern). He said the typical holiday issues and arrests were less than in previous years due to the 4 th being on a Monday. The fifth item on the agenda was first reading of Ordinance No. 14, Series of 2011, an ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund (RETT), and Marketing Fund of the 2011 Budget for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein; and setting forth details in regard thereto. Kathleen Halloran, Budget Manager, said the budget expenditures will be adjusted with a $7.2 million increase across all funds and the majority is due to the continuation of capital projects. She said this ordinance would have to pass by a super majority. Council had clarification questions on various parts of the supplemental appropriations. Cleveland and Donovan expressed concerns that the adjacent parcel to Timber Ridge was being paid for out of RETT funds because there will be some mitigation done on the property for the Timber Ridge project. Foley wanted to have a discussion on what projects RETT funds can be used for at a future meeting. Zemler asked for a show of hands for those who wanted to have another discussion on RETT. All Council members except Rogers raised their hands. Ruther said the parcel immediately adjacent to Timber Ridge is designated open space. RETT has been used to purchase many parcels within town to mitigate hazard zones which are also designated open space. Daly said there are three requests for off -cycle contributions for events. Halloran said the Bravo! Vail Valley Music Festival (Bravo!) requested $25,000 for three additional concerts. Staff did not recommend funding it due to it not being an unforeseen event or circumstance. Cleveland said this request does not meet the off cycle funding and should have been part of their planning process. Daly agreed with Cleveland and stated these producers made conscious decisions hoping the Council would come up with more funding out of the regular cycle. Rogers said she disagreed and said the off - cycle funding requests were for opportunities that came up. Donovan said the funding should be an exceptional request. Neither the Bravo! or the Vail Symposium off -cycle contribution request was supported by a majority of the Council. Foley said he agreed with Cleveland, Daly and Donovan and said the requests did no fit the off -cycle criteria. Vail Town Council Meeting Minutes of July 5, 2011 Page 3 8/2/2011 Rogers said the Vail Symposium funding should be funded out of the Vail Local Marketing District fund. Kathleen Halloran stated the Eagle River Watershed Council (ERWC), is asking for $3,500 for an intern for ten weeks. Melissa McDonald, executive director of the ERWC, stated the Water Quality Improvement Program is a $148,000 program. The ERWC was assigned public outreach. Rachel Rogers, a Vista volunteer /intern was hired, will be contacting the East Vail residents and find out how the land is being used by residents adjacent to Gore Creek. They will be asking what type of chemicals are being used, how the residents have kept or not kept the willows along the creek and what really is going on that affects Gore Creek. There is also someone who will be kayaking down Gore Creek and filming the area. She said the Eagle River Water and Sanitation District, Eagle County, the ERWC are participating and they also have a $50,000 grant from the State of Colorado. Daly asked how much Vail has contributed. Brandmeyer stated $50,000 was the annual contribution. Halloran stated an additional $20,000 was part of the first supplemental. Zemler said the town had previously told the ERWC if they needed additional funding, they needed to come back to Council. Now they are asking for additional funds for the intern. Rogers is concerned this ongoing project and enforcement of the stream tract program will be conflicting. She doesn't want the ERWC person giving out contrary information from the stream tract program the town is in the process of completing. Ruther reiterated these are two different and distinct projects. McDonald stated by taking action now and gathering information, this program will help keep Gore Creek from a "303d impaired" list and being downgraded from the Gold Medal status it has now. Ruther stated the $3,500 will allow the use of the intern for both the ERWC and the Town of Vail and will have action items and action steps to come up with best management practices for people adjacent to the creek. Daly had an objection to the results of the energy audit and stated there are a number of projects he objects to. The town is pursuing projects to improve the town's image as an environmentally sensitive community. Some projects are worth pursuing but some are not. The Vail Symposium funds were supported by staff. Cleveland asked why the VLMD isn't funding this request. He said this type of event is what the VLMD should be funding. Zemler said the VLMD has funding reserves for this project but they don't have a process for this. Rogers said she is in favor that the VLMD should fund the Vail Symposium and reimburse the general fund. Rogers made a motion to approve Ordinance No. 14, Series of 2011, upon first reading with changes; 1) delete the additional funding for Bravo!; 2) amend the supplemental to state the VLMD will reimburse the general fund for the $8,500 for the Race Across Vail Town Council Meeting Minutes of July 5, 2011 Page 4 8/2/2011 the Sky and the health and wellness program for the Vail Symposium; and a clarification that $3,500 for the ERWC was still included in the supplemental. Foley seconded the motion. Daly asked the motion be amended as the percentages be 50/50 split so a super majority is not needed. Halloran said they could take that off and bring it back at second reading. Typically, sixty one percent goes to general fund and the rest to capital projects. Matt Mire, town attorney, said they could leave it out entirely and address this at second reading when the whole Council is in attendance. Halloran said everything would stay the same except the change to remove the revenue change until second reading. Rogers amended her motion to approve Ordinance No. 14, 2011 with the original modifications and dropping the revenue change until second reading; and Foley seconded the motion. A vote was taken, and the motion passed, 4 -1. Daly opposed. The sixth item on the agenda was first reading of Ordinance No. 15, Series of 2011, an ordinance amending Title 6, Chapter 5 "Special Event Designations ", of the Vail Town Code; and setting forth details in regard thereto. Matt Mire, Town Attorney, stated in June of 2001, the Council approved Ordinance 12, Series 2001, which provides for both a curfew and a special event district for July 4 and December 31 of each year for the purpose of "maintaining public peace and order during these two holiday celebrations." On June 21, 2011, the Council provided clear administrative direction to the town manager that the curfew and the special event district were not necessary for the town's 2011 Fourth of July celebration and, therefore, were not to be established or enforced. By this ordinance, the Council desires to ratify the administrative direction given to the Town Manager as it pertains to the town's July 4, 2011, celebration, and to provide certain clarifying amendments to the town code as they relate to special event designations. The ordinance memorializes and amends the code to allow Council to have discretion on this issue on a case -by- case basis. Dwight Henniger, Vail Police Chief, said he wanted the Council to pass the ordinance so they could monitor these events each year so they don't go back to what these events looked like in the past. Daly made a motion to approve Ordinance No. 15, Series of 2011, on first reading and the motion was seconded by Foley. A vote was taken and the motion passed, 5 -0. The seventh item on the agenda was a work session regarding Ever Vail and focused on addressing several questions raised at the June 21, 2011, public hearing which focused on responding to questions from the previous meeting regarding the provision Vail Town Council Meeting Minutes of July 5, 2011 Page 5 8/2/2011 of meeting space, employee housing, hot beds and office space within the proposed Ever Vail development. Additionally, the applicant gave a presentation on the proposed Master Plan amendments regarding height, setbacks and landscape area. Staff provided feedback to Council questions to the applicant's presentation at the June 21, 2011, public hearing. The memorandum attached to the agenda intended further understanding of the elements of the Ever Vail development which are included in the proposed Resolution No. 6, Series of 2011, amendments. Warren Campbell, Community Development Chief Planner, said the questions asked by Council at the June 21 meeting were responded to on the memorandum attached to the agenda, dated July 5, 2011. Daly stated he had been especially interested in the occupancy differences at Arrabelle and he was disappointed this information was not provided to Council by Jonathan Brownlee from the Arrabelle, as it had been requested since March 2011. Rogers said she also wanted to get the numbers from Arrabelle and wants to see if it's working at Arrabelle. Cleveland also agreed with Daly and Rogers. Dominic Mauriello, Mauriello Consulting Group and the applicant's representative, stated they couldn't get the information from Arrabelle. Daly said in the applicant's memorandum regarding office space, 34,000 square feet of office space is included. He wanted to know how much VRI was taking and how much was left for other third party businesses in Vail to utilize. Rogers said there would be no problem filling the office space with viable businesses. She had some concerns about a sole operation of an Ever Vail gondola running in the summer. She said she preferred this issue be addressed under the conditional use permit or through the Developer Improvement Agreement (DIA) process. Cleveland said he would like this to be addressed in the DIA. Mauriello, the Vail Resorts Development Company representative went through the power point presentation, which was attached to the agenda, on the height, setbacks and landscape areas of Ever Vail. Foley asked about the height restrictions and the building stepping back from the creek. Cleveland said when he was on the Planning and Environmental Commission (PEC), PEC didn't want to see any more than two stories allowed along the creek and no more than three stories on the rest of the site. He said along the creek side of Ever Vail, the stories should be no more than two stories high and step back no less than two stories high before there is a step back. Foley said he doesn't' want a pedestrian interface on the north side of the project. Mauriello stated the property goes down to a point and does step back. Vail Town Council Meeting Minutes of July 5, 2011 Page 6 8/2/2011 Rogers said she wants something in the DIA to make sure the trees are placed correctly and if the trees die, they get replaced by the developer. She want to make sure there is sufficient space for them to grow. Additional discussion ensued. Ruther reviewed additional questions Council had that evening and staff will be coming back to Council at the July 19 meeting with answers. He asked Council if they had topics that haven't been covered to date. Donovan asked about view corridors and navigation through the project on the east side. Ruther will include this issue and bring it back to Council at the July 19 meeting. Daly wants to make sure the landscaping on a parking structure will survive. Cleveland stated he has concerns about landscaping on both sides of the bike path. He said there needs to be a pedestrian path on the project and a separate bike lane on the Frontage Road. Mauriello said the Frontage Road relocation application to CDOT will address all modes of transportation including a bike path and different user groups. Campbell requested the Council continue the Major Subdivision, Ordinance No. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011 to the July 19, 2011 public hearing. Donovan made a motion to continue the Major Subdivision, Ordinance Nos. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011 to the July 19, 2011 public hearing and the motion was seconded by Rogers. A vote was taken and the motion passed unanimously, 5 -0. The eighth item on the agenda was adjournment. Foley made a motion to adjourn, the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 5 -0. The meeting was adjourned at 8:45 p.m. Respectfully submitted, Dick Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk Vail Town Council Meeting Minutes of July 5, 2011 Page 7 8/2/2011 Vail Town Council Meeting Minutes Tuesday, July 19, 2011 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Andy Daly Kerry Donovan Kim Newbury Margaret Rogers Susie Tjossem Kevin Foley Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. There was no public input. Foley said the Council sends their condolences to the Jamie Garrett family. The second item on the agenda was a discussion on the proposed North West Colorado Council of Government (NWCCOG) Economic Development Bylaws and Articles Resolution and Discussion. Rachel Lunney with NWCCOG reviewed the Economic Development Bylaws and Articles of Resolution with the Council. She said NWCCOG is applying to be an Economic Development District. The district has a board of directors comprised of public and private sector members. This creates two side by side board of directors, one for the NWCCOG and one for the Economic Development District. The development district bylaws and articles need to be ratified by a majority of their members to move forward. They have a meeting scheduled for July 28, 2011, in Basalt, CO, to approve this. Cleveland stated it does not change the dues or functions. Lunney said the new district will function like a program of NWCCOG. There are twenty -one board of directors that will be on the economic development district. Daly made a motion for the Mayor to sign an economic development resolution approving the bylaws and articles for the Economic Development District and the motion was seconded by Donovan. A vote was taken and the motion passed, 7 -0. Vail Town Council Meeting Minutes of July 19, 2011 Page 1 8/2/2011 The third item on the agenda was Proclamation No. 4, 2011, the recognition of First Lady Betty Ford. Mayor Cleveland stated President Gerald R. Ford and Betty Ford made great contributions to Vail and Eagle County. Margaret Rogers stated it was her privilege to read Proclamation No. 4, 2011, honoring and recognizing First Lady Betty Ford into the town's record. Cleveland said it was the Council's honor to recognize Betty Ford for her many contributions to Vail over the years and thanked Mrs. Ford and President Ford for their contributions to Vail. The fourth item on the agenda was the Town Manager Report. There was nothing to report. The fifth item on the agenda was second reading of Ordinance No. 14, Series of 2011, An ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, and Marketing Fund of the 2011 Budget for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein; and setting forth details in regard thereto. Kathleen Halloran, Budget Manager, stated the changes were made from the last meeting and were on the memorandum. Daly said he will not support the supplemental budget as the environmental portion does not make good economic sense. Foley made a motion to approve Ordinance No. 14, Series of 2011, on second reading and the motion was seconded by Rogers. A vote was taken and the motion passed, 6- 1, with Daly opposing. Rogers stated when staff gives Council the information they asked for they need to support the staff. The sixth item on the agenda was the Conference Center Fund Ballot Question Survey Research. Stan Zemler, Town Manager, stated they have been discussing this issue over many months and have vetted this information within the community. Staff has reduced the projects down to three projects; 1) renovation of the Vail Golf Course Clubhouse which would include the Nordic center and a new pavilion; 2) the Ford Park sports complex field expansion and restroom renovation; and 3) the Ford Amphitheater improvements. Zemler said at the May 3 Council meeting, campaign strategist David Cunningham of Summit Information Services answered questions about successful ballot campaigns. This discussion was a continuation of the Council's information - gathering on how best to present a question(s) to the voters on reallocation of the conference center funds. Based on the May 3rd discussion, the Council directed staff to return with information Vail Town Council Meeting Minutes of July 19, 2011 Page 2 8/2/2011 on qualified research firms, methods and associated costs to field a telephone survey to be used to help shape a ballot question(s) for the November 8, 2011, election. Proposals from two firms were reviewed by the Council on May 17, 2011. Andy Daly and Kerry Donovan volunteered to assist in the selection of a firm and development of the survey questions. Public Opinion Strategies was selected to conduct the research. Registered voters within the Town of Vail were contacted randomly to participate in the telephone survey. The field work was conducted from June 23, 2011, through July 12, 2011, and resulted in 150 responses. Zemler introduced Lori Weigel to review the outcomes with Council. Lori Weigel, a partner from the Colorado office of Public Opinion Strategies, has been in Colorado for thirteen years and has done other surveys, including surveys at the state level as well. She presented the findings of the survey. The survey was a group process. June 26 through July 10 the survey was presented to residents that were registered voters. She reviewed the PowerPoint with Council. She said two - thirds of residents indicate they would support such a ballot measure. 67% said yes (definitely yes was 37 %; probably yes was 30 %) and 27% said no (definitely no was 17% and probably no was 10 %) and 5% were undecided. She reviewed the comments made by those that said they would vote no (see memorandum attached to the agenda). One of the most important issues facing Vail was parking (37 %). Most who oppose the proposal would not change their position based on the removal of any single element. The majority of those surveyed believe the proposal will help the economy and help improve the quality of life in Vail. Even with additional background information, it didn't change the view points of those who would vote no. About two - thirds of those surveyed stated they had been following the issues related to the conference center tax closely (19% closely and 46% somewhat closely). Residents who have followed this issue were more supportive of the measure. Residents perceive greater community benefit from expanding and improving facilities than from reducing the lodging tax. 81% stated investing the funds in expanding and improving the Vail Golf Course Clubhouse and Nordic center, Ford Park sports complex and Ford Amphitheater would greatly benefit the Vail community. The bottom line on the survey showed residents responded positively to the proposal to use the collected funds for improvements within the town without raising taxes. There is a widespread perception that these projects benefit the community more so than returning the funds to future guests. And opposition is mostly based on a concern about the many pressing needs that affect the community and county and whether funds could address those instead. Basic improvements and those that can create new revenue are better perceived than less constrained improvements. Cleveland asked about next steps. Zemler thanked Lori Weigel, Susie Tjossem, Kerry Donovan, Kent Logan and Suzanne Silverthorne and all those who helped with the Vail Town Council Meeting Minutes of July 19, 2011 Page 3 8/2/2011 survey. Council needs to pass a resolution to add the ballot language to the November 8, 2011, election ballot. They need to have a discussion at the August 2, 2011, council meeting and pass the resolution no later than the August 16, 2011, meeting. Rogers stated since they received positive feedback, will the ballot language be changed. Mire said no, the ballot language would probably not be changed. Donovan said she wants clarification on the Ford Amphitheater part of the question. Rogers asked where the $2.3 million in additional revenue figure comes from. Daly said it would be helpful to come up with a plan to educate the community. Zemler said he wants some commitment letters from the partners in writing before we put this on the ballot for their portion. Mire said a memorandum will be prepared to address what the Council and town staff can and can't do to help educate the community. Cleveland said each of them will have to take the initiative to talk to community. Mire said there is one time in which they can address and state their support through an approved resolution. Cleveland thanked Lori Weigel for her help in gathering the information. The seventh item on the agenda was Ordinance No. 16, Series of 2011, an ordinance amending Title 4 Chapter 2 of the Vail Town Code by the Addition of a New Section 4- 2-6 Governing Special Event Liquor Permits. Matt Mire, Town Attorney, said the Colorado General Assembly adopted Senate Bill 11 -066, which takes effect August 10, 2011, and which allows local licensing authorities to assume sole authority to approve or deny applications for special event permits to serve alcohol. Ordinance No. 16, Series of 2011, will enable the Council to elect local control over special event permitting as allowed by Senate Bill 11 -066. Newbury made a motion to approve Ordinance No. 16, Series of 2011, on first reading and the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 7 -0. The eighth item on the agenda was second reading of Ordinance No. 15, Series of 2011, an ordinance amending Title 6, Chapter 5 "Special Event Designations ", Vail Town Code; and Setting Matt Mire, Town Attorney, said in June of 2001 the Council approved Ordinance 12, Series 2001, which provides for both a curfew and a special event district to be created on July 4 and December 31 of each year for the purpose of "maintaining public peace and order during these two holiday celebrations." On June 21, 2011, the Council provided clear administrative direction to the Town Manager that the curfew and the special event district were not necessary for the town's 2011 Fourth of July celebration and, therefore, were not to be established or enforced. By this Ordinance, the Town Council desires to ratify the administrative direction given to the Town Manager as it pertains to the Town's July 4, 2011, celebration and to provide certain clarifying amendments to the town code as they relate to special event designations. Vail Town Council Meeting Minutes of July 19, 2011 Page 4 8/2/2011 Newbury made a motion to approve second reading of Ordinance No. 15, Series of 2011, and the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 7 -0. Foley said the reason they are keeping it at the discretion of the Council is because the need to enforce may change in future years. The ninth item on the agenda was a discussion of Ever Vail and the focus was on addressing several questions raised at the July 5th Town Council public hearing which focused on responding to questions from the previous meeting regarding the height, setbacks, and landscape area for the proposed Ever Vail development. The session included a power point presentation and showing of the 3D model which has been created and will revisit the proposed view corridors and pedestrian connections. Warren Campbell, Chief Planner, reviewed the questions from the July 5 th meeting that were in the memorandum attached to the agenda. Dominic Mauriello, with Mauriello Consulting Group, representing Vail Resorts Development Company, stated the first question regarding the occupancy rate of the 39 attached accommodation units in Arrabelle at Vail Square was still not available at the time of the submittal. Mauriello said the participation rate was more important as that creates near statistics of 48 % -55% occupancy rates. There is a close connection between all types, hotel rooms versus lock -offs. As for question two regarding the Vail Recreation District's (VRD) participation in the Ever Vail space they have set aside for that purpose, Daly asked the VRD what they plan on doing with the space set aside for them and will they participate. Mike Ortiz, Executive Director of the VRD, stated they are interested; however, it's too early and they don't know what is going to happen at this time. The VRD can't presently make a commitment when they don't know when the project will start or when it will be completed. Campbell continued the review of the questions and answers of twelve questions asked by the Council at the July 5 th meeting. Rogers asked that under question #9, something be added to the DIA or another document that if the creek needs to be repaired the applicant will pay to get this done or the town can do it but the town would be reimbursed for the expense by the applicant. Cleveland said there needs to be a bike lane on each side of the Frontage Road, not a bike path or pedestrian path, but an actual bike lane in the shoulder of the road. Cleveland said the south side of the creek should be for pedestrians. Cleveland asked if there were any further questions. Vail Town Council Meeting Minutes of July 19, 2011 Page 5 8/2/2011 Mauriello went through the power point presentation regarding the Glen Lyon Office Building site and presented a 3D model of the Ever Vail site. He reviewed site sections of the project including bike lanes, landscape areas, and street lanes. He said there is approximately forty feet of separation between the buildings and the road. Mauriello also discussed view corridors. The sixth proposed view corridor would be looking south to the proposed park area confluence of Red Sandstone Creek and Gore Creek and the lift line up Vail Mountain. The seventh view corridor would be seen from the Central Plaza up the lift line of the Ever Vail gondola. And view corridor number eight is intended to provide a visual connection to Lionshead and is seen from the pedestrian connection into Ever Vail from West Lionshead Circle. Donovan asked why there wasn't an East /West view corridor. Ruther said the PEC didn't think that view was a significant view to be protected and view corridor number eight was more significant. Ruther stated the view wasn't about a view to the mountains or environment. It was a view to the other Lionshead areas, the visual connection that pedestrians need to move east to west in Lionshead and is necessary for an orientation view. Daly said the view corridors are to draw people to the main Lionshead area, it's not a view for a park or plaza. He said this isn't laid out like the other view corridors. Daly said they could remove part of the south and east part of a building to create a plaza or open up this area and move the view point north and east for a better view. Ruther said staff will respond to this question and share the information the PEC saw with traffic studies. Daly wants to cut back the building twenty feet. Ruther said they opened up this area sixty feet to further improve the view corridor. He said they will bring back information that the PEC saw to make the decision on this view corridor. Mauriello reviewed the pedestrian connections, landscaping and comparables to Vail Village and Lionshead. Cleveland said he doesn't like to mix pedestrians and bicycles. He wanted the Gore Valley Path for pedestrians and wants it heated and a bike lane on the Frontage Road for bicyclists. Rogers said when you have one wide bike lane on the road and a curb on the other side, bicyclists tend to go the wrong way which is dangerous. Jim Lamont, Vail Homeowners Association, said the view should be protected from the west end of Lionshead. He wants to have the applicant and staff address what happens after the Ever Vail approval and when it's completed. He stated this is a rare chance to make sure everything is in its right place and that it gets built right. He said to give the public a lot more time to understand what has been agreed to between the parties involved: the town, the water and sanitation district and Vail Resorts. He wants to make sure the main plaza out over the sewer treatment plant has a view. Also, in the DIA, he wants trigger points added that state once development begins to occur. Vail Town Council Meeting Minutes of July 19, 2011 Page 6 8/2/2011 the infrastructure is built first. So between all parties they arrive at what the trigger is and give guidance of what happens next. Eric Berkins, a resident, said his concerns are the height of the hotel, maintenance, landscaping and ADA access on the pedestrian paths. Mauriello stated key topics for future discussion include follow up on the bulk and mass presentation; phasing; discussion of properties adjacent to Ever Vail and the future of the Eagle River Water and Sanitation District sewer treatment plant; the Developer Improvement Agreement; review of the major subdivision; review of proposed rezoning Ordinance No. 7, Series of 2011; the amendment to SDD No. 4, Cascade Village Ordinance No. 8, Series of 2011; and the zoning regulations amendment Ordinance No. 9, Series of 2011. Ruther said input for next steps include sharing in detail recommendations by the PEC, wrap up of master plan amendments, zoning, major subdivision, other applications including core area parking and transition into zoning, SDD amendments, phasing and the Developer Improvement Agreement. He said the discussion will be primarily done by staff. Rogers said she wants stipulations of what happens if they don't comply or complete what they state they are building and a time line. Campbell said requested Council continue the public hearing on the request for the Major Subdivision, Ordinance No. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011 to the August 2, 2011, public hearing. Daly Made a motion to continue the request for the Major Subdivision, Ordinance No. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011 to the August 2, 2011, public hearing and the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 7 -0. The tenth item on the agenda was adjournment. Newbury made a motion to adjourn and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7 -0. The meeting was adjourned at 8:45 p.m. Respectfully submitted, Dick Cleveland, Mayor Vail Town Council Meeting Minutes of July 19, 2011 Page 7 8/2/2011 Attest: Lorelei Donaldson, Town Clerk Vail Town Council Meeting Minutes of July 19, 2011 Page 8 8/2/2011 RESOLUTION NO. 13 Series of 2011 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE EAGLE RIVER WATER AND SANITATION DISTRICT; 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 "); WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; WHEREAS, On June 1, 2006 the Town and the Eagle River Water and Sanitation District (the "ERWSD ") entered into a Cooperative Intergovernmental Agreement (the "Agreement ") pursuant to which the ERWSD financed, constructed and installed various facilities to enable the Town to irrigate the Lower Bench of Ford Park, Betty Ford Alpine Gardens and Donovan Park with treated and untreated water drawn from Gore Creek (the "Project "); WHEREAS, the Agreement obligates the Town to pay the capital costs of the Project and ongoing operations and maintenance costs of the Project through a Raw Water Use Fee ( "Fee ") which is to be established pursuant to an Intergovernmental Agreement upon completion of the Project; and WHEREAS, the Town has paid the ERWSD the amount of $379,657.00 which constitutes the entire capital costs of the Project; WHEREAS, the Town and ERWSD wish to enter into an Intergovernmental Agreement ( "IGA ") as to the ERWSD's provision of water service to the Project and the Town's obligation to pay the Fee for operations and maintenance costs; WHEREAS, the Council's approval of Resolution No. 13, Series 2011, 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 and authorizes the Town Manager to enter into the IGA with the ERWSD outlining the provision of water service to the Project and the raw water use fee and maintenance 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 2 day of August, 2011. Resolution No. 13, Series 2011 8/2/2011 1 -3 -1 Richard Cleveland Town Mayor ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 13, Series 2011 8/2/2011 1 -3 -2 RAW WATER USE AND FEE INTERGOVERNMENTAL AGREEMENT This Raw Water Use and Fee Intergovernmental Agreement ( "Agreement ") is executed as of the day of , 20 , by EAGLE RIVER WATER AND SANITATION DISTRICT, a quasi - municipal corporation and political subdivision of the State of Colorado ( "District ") and the TOWN OF VAIL, a political subdivision of the State of Colorado ( "Town ") (District and Town being singularly referred to as "Party" and jointly referred to as "Parties "). RECITALS A. WHEREAS, the District is organized and operated pursuant to the provisions of Article 1, Title 32, C.R.S., to provide water and sewer services within the jurisdictional boundaries of the District, which boundaries are located within Eagle County, Colorado; and B. WHEREAS, the Town is a home rule municipality and political subdivision of the State of Colorado operating pursuant to its home rule charter; and C. WHEREAS, in anticipation of achieving cost savings and environmental benefits, the Parties entered into an Intergovernmental Agreement for the Vail Raw Water Project dated June 1, 2006 (the "Cooperative Agreement ") pursuant to which the District financed, constructed and installed various facilities to enable the Town to irrigate the Lower Bench of Ford Park, Betty Ford Alpine Gardens and Donovan Park with treated water or untreated water drawn from Gore Creek, which facilities include without limitation intake, pumps, controls, valves, irrigation lines and sprinkler heads (the "Project "); and D. WHEREAS, the District has completed the Project, the Town has accepted the Project and the Project is operational; and E. WHEREAS, the Cooperative Agreement obligates the Town to pay the capital costs of the Project and ongoing operations and maintenance costs of the Project through a Raw Water Use Fee ( "Fee "), which Fee is to be established pursuant to an agreement upon completion of the Project; and F. WHEREAS, the Town has paid the District the amount of $379,657.00 , which amount constitutes the entire capital costs of the Project; and G. WHEREAS, the raw water supply to the Project is a District owned water right and is subject to the District's various water rights decrees; and {00236344.Doc /1 8/2/2011 1 -3 -3 H. WHEREAS, the Parties desire to memorialize their agreement as to the District's provision of water service to the Project and the Town's obligation to pay the Fee for operations and maintenance costs; and I. WHEREAS, pursuant to the provisions of the Colorado Constitution, Article XIV, Section 18(2)(a) and (b) and Section 29 -1 -203, C.R.S., the Parties desire to establish an intergovernmental agreement to provide for assessment and payment of the Fee. NOW THEREFORE, IN CONSIDERATION of the above recitals, the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the Parties agree as follows: AGREEMENT 1. Cooperation. The Parties agree to cooperate in the operation of the Project, and provide open communications and be responsive to requests by the other party in order to achieve effective operation of the raw water irrigation Project. 2. Rules and Regulations. Service shall be provided subject to the District's Rules and Regulations and policies as amended from time to time. 3. Operations and Maintenance. (a) Designation of Water Managers. Each Party shall designate a Water Manager for handling Project operation, maintenance and management issues. (b) Seasonal Start -Up. Town staff will contact the District Water Manager prior to irrigation season each year to coordinate seasonal system start -up. Start -up shall not occur without the approval of the District Water Manager. District personnel will ensure that the raw and domestic meters are operational and calibrated. (c) Operation and Maintenance Costs. The District will track operation and maintenance costs, including without limitation costs for electricity, parts, labor and replacement equipment. (d) Operation and Maintenance. The District shall operate and maintain the Project from Gore Creek through and to the connection of the raw water pump station to the Town's irrigation system main ( "District's Portion of the Project "). The Town is responsible for the operation and maintenance of the remainder of the irrigation system, including mains, laterals, heads, valves and Maxicom component ( "Town's Portion of the Project "). The Town will maintain a {00236344.DOC /1 2 8/2/2011 1 -3 -4 backup facility connecting the District's domestic system to the Town Portion of the Project. Such back -up facility shall include an air gap and backflow prevention device compliant with applicable laws and District Rules and Regulations and policies. This backup may be required to be connected during water supply emergencies or senior calls on the District's water rights. For the safety of the District's domestic water distribution system, disconnection and reconnection between the raw water supply and the domestic supply will be made only by District personnel. (e) Disconnection from Raw Water Supply. Disconnection from the raw water supply and reconnection to the domestic supply may be required in a water supply emergency or during periods of a senior call on the river, as required by District water rights decrees and determined by the District. For the safety of the District's domestic water distribution system, disconnection and reconnection between the raw water supply and the domestic supply will be made only by District personnel. Connection or disconnection made by Town personnel or its contractors will be considered system tampering as defined in the District Rules and Regulations. District personnel will notify the Town when disconnection or reconnection occurs. (f) Standard Operations Procedures. The District Water Manager shall promulgate and amend from time to time Standard Operations Procedures in consultation with the Town Water Manager. The Parties shall operate their respective portions of the Project in compliance with the Standard Operations Procedures. The Standard Operations Procedures in effect at the time of this Agreement are attached hereto as Exhibit A. The District Water Manager and the Town Water Manager do not have the authority to amend or waive the terms of this Agreement and any inconsistency between the terms of this Agreement and the Standard Operations Procedure shall be resolved in favor of the terms of this Agreement. 4. Raw Water Use Fee. The District shall assess a Raw Water Use Fee for the Town's use of raw water. The Raw Water Use Fee shall be based on (i) the average amount of raw water drawn from Gore Creek by the Project plus (ii) the District' s costs in operating and maintaining the District's Portion of the Project. The usage rate for the Raw Water Use Fee is established at seventy -five cents ($0.75) per 1,000 gallons of water for water service commencing in 2011. This rate is based upon the following annual routine operations and maintenance procedures; seasonal startup, weekly checkups of systems operation, preventive maintenance, winterization and disconnection and reconnection from the Raw Water Supply as needed. The base rate will increase by 3% {00236344.DOC /1 3 8/2/2011 1 -3 -5 each year and shall be reviewed every three years by the District. Any maintenance, labor, and or replacement of parts that are deemed above and beyond routine and or preventive will be billed directly to the Town on a time and material basis. The Raw Water Use Fee is subject to adjustment pursuant to the District's Rules and Regulations and policies. The Raw Water Use Fee shall not be charged during such times as the Town is using domestic water for irrigation purposes, in which case the Town shall be charged pursuant to the District's treated domestic water rates. 5. Meters. Each account served by the Project will maintain both a raw water and domestic water service meter. 6. Watering Schedule and Water Right Limitations. The Town's system will be operated in a manner that recognizes that water is a limited resource and diversions to the Town Irrigation System affect stream flows in Gore Creek. The Town's Portion of the Project is subject to the District's watering schedule, water supply emergency policies and Water Rights Decree limitations specified in Exhibit B attached hereto and incorporated herein by reference. 7. Interruptible Supply. In a water supply emergency or senior call event, it is critical to the District to curtail outdoor water use as quickly as possible. As of the date of this Agreement, the District offers an irrigation rate discount if outdoor use can be shut off remotely by District personnel. Upon installation of such equipment on the Town's Portion of the Project, the District will apply a 10% discount on the raw water rate for those accounts. District will interrupt the Town's irrigation system with this equipment only in the case of a water supply emergency or senior call event, as defined by District policy. The District will notify the Town immediately in the case of a water supply emergency or senior call event. 8. Failure to Deliver Operations. In the event that operations are halted due to failure of the District's Portion of the Project, the Town will be billed at the current treated domestic water rates and subjected to the tiered usage structure until the District's Portion of the Project is fixed. 9. Hold Harmless. Each Party agrees to hold the other Party harmless from any and all losses, liabilities, damages, or costs, including attorney's fees, which may be incurred as a result of their participation in the Project whether any such loss or liability was caused by the negligence of either of the Parties. 10. Term and Termination. The term of this Agreement shall be through the end of the year in which it is entered, and this Agreement shall be automatically renewed for additional one (1) year terms in perpetuity; provided, however, that in the event the Town fails to make an annual appropriation of funds necessary for it to perform its obligations hereunder, the District may terminate this Agreement upon prompt notice to the Town with such termination to be effective as of the last day of the then - current year. {00236344.Doc /1 4 8/2/2011 1 -3 -6 The District may also terminate this Agreement or suspend service at its option upon a failure to pay the Raw Water Use Fee in full when due. Additionally, commencing January 1, 2022, either Party may provide written notice to the other Party of its decision to terminate this Agreement for any reason or no reason. Upon the giving of such notice, this Agreement shall terminate 180 days from the date of the notice; provided, however, that if the Town can demonstrate that it will not have recovered its original capital investment of $379,657.00 by the termination date, then the termination date shall be extended by the shorter of three years or the estimated amount of time, based on historic usage, that it will take for the Town to recover its investment. The Town's recovery of its capital investment shall be the difference between the actual fees the Town would have paid for treated irrigation water from the date of completion of the system in 2006 for the Project minus the actual water usage fees paid in connection with irrigating the Project. No consideration shall be given to interest or other time value of money principles. 11. Notices. Any formal notice, demand or request pursuant to this Agreement shall be in writing and shall be deemed properly served, given or made, if delivered in person or sent by certified mail return receipt requested to the parties at the addresses listed by the signatures below or as otherwise modified pursuant to this Section. 12. Amendments. This Agreement may be amended only by written document signed by the Parties. 13. Severability. In the event that any of the terms, covenants or conditions of this Agreement or their application shall be held invalid as to any person, entity or circumstance by any court having competent jurisdiction, the remainder of this Agreement and the application in effect of its terms, covenants or conditions to such persons, entities or circumstances shall not be effected thereby. 14. Waiver. The waiver by either party of any breach by the other of any term, covenant or condition contained in this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or other term, covenant, or condition. 15. Entire Agreement. This Agreement embodies the complete agreement between the Parties regarding the subject matter herein and supersedes all prior agreements and understandings, if any. 16. Section Headings. The section headings in this Agreement are inserted for convenience and are not intended to indicate completely or accurately the contents of the Sections they introduce, and shall have no bearing on the construction of the Sections they introduce. 17. No Third Party Beneficiaries. The Parties to this Agreement do not intend to benefit any person not a party to this Agreement. No person or entity, other than the {00236344.DOC /1 5 8/2/2011 1 -3 -7 Parties to his Agreement, shall have any right, legal or equitable, to enforce any provision of this Agreement. 18. Duly Authorized Signatories. By execution of this Agreement, the undersigned each individually represent that he or she is duly authorized to execute and deliver this Agreement and that the subject Party shall be bound by the signatory's execution of this Agreement. 19. Duplicate Original. This Agreement may be executed in two or more counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. EXECUTED to be effective as of the date first written above. EAGLE RIVER WATER AND SANITATION DISTRICT By , General Manager Address: Attest: , Secretary TOWN OF VAIL By , Mayor Address: {00236344.Doc /1 6 8/2/2011 1 -3 -8 Attest: , Town Clerk {00236344.DOC /} 7 8/2/2011 1 -3 -9 EXHIBIT A EAGLE RIVER WATER & SANITATION DISTRICT STANDARD OPERATIONS PROCEDURES TITLE: Ford and Donovan Park Raw Water Operations LOCATION: Vail FUNCTION: Ford and Donovan Park Operations SCOPE: Summer Irrigation of Vail Parks PROCEDURES: • On May 1 of each year we will need to visit the Raw Water pump stations and verify that they are configured for operation. • Town Staff will contact Eagle River Water and Sanitation District Raw Water Resources Operator at 970 - 477 -5472 to coordinate start up for the season. • The Raw Water Resources Operator will schedule initial start -up for the season with Town staff. • The Raw Water Resources Operator will oversee operation and maintenance of the raw water system and check each station twice per week, or upon request from Town Staff. • The Raw Water Resources Operator will notify the Water Division Manager In the event of a Cameo or Shoshone Call so that the Raw Water systems can be switched back to the potable system water. Switch over may only be made by District personnel. • When water supply to the Town's irrigation system is switched from raw to domestic or from domestic to raw water the Raw Water Resource Operator will notify Town staff of the change. • ERWSD will maintain the check valves in the pump stations and TOV will maintain the backflow preventers within the irrigation systems • The Water Division Manager will be copied on all correspondence and act as a back up contact to the Raw Water Resources Operator and can be reached at 970 - 477 -5471. {00236344.DOC /} 8 8/2/2011 1 -3 -10 EXHIBIT B (Decree and Judgment) {00236344.DOC /} 9 8/2/2011 1 -3 -11 RESOLUTION NO. 14 Series of 2011 A RESOLUTION OF THE COUNCIL OF THE TOWN OF VAIL, COLORADO IN SUPPORT OF THE AMENDED ARTICLES OF ASSOCIATION OF THE NORTHWEST COLORADO COUNCIL OF GOVERNMENTS /ECONOMIC DEVELOPMENT DISTRICT; 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 "); WHEREAS, the members of the Vail Town Council (the "Council ")have been duly elected and qualified; WHEREAS, a the Northwest Colorado Council of Governments ( "NWCCOG ") is a regional governmental organization; WHEREAS, the NWCCOG has expressed the desire to organize an Economic Development District pursuant to US Code Title 42, Chapter 38, Subchapter II, Establishment of Economic Development Partnerships; WHEREAS, the Economic Development District creates opportunities for funding for the region, individual communities, and businesses that might not otherwise be available. Additionally, the District designation provides economic support for programs, data collection and analysis, and other critical economic support activities that would not be available without the financial support created by the District; WHEREAS, in order to accomplish the creation of the Economic Development District under Federal requirements, the NWCCOG must create an EDD Board of Directors which must be reflected in the Articles of Association; WHEREAS, the Amended Articles of Incorporation have been submitted to all member jurisdictions for their review and ratification attached hereto as Exhibit A; WHEREAS, the Town is a member in good standing of the current NWCCOG. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby ratifies the amended Articles of Association of the Northwest Colorado Council of Governments /Economic Development District. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 2 day of August, 2011. Richard Cleveland, Town Mayor ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 14, Series 2011 8/2/2011 1 -4 -1 i✓ Il II MEMO COUNCIL OFOVENM6T$ TO: NWCCOG Member Jurisdictions FROM: Pamela S Caskie, Executive Director DATE: July 13, 2011 SUBJ: Economic Development District and NWCCOG Articles of Association For the past 24 months, the NWCCOG has been working towards participation in the Federal program of designating Economic Development Districts. After many months of hard work and collaboration with partners from around the region, we are nearing the end of the process. Our first proposal with the Economic Development Administration for the governing organization for the District was not accepted and we proposed another solution which will operate with the Association known as NWCCOG to be both the COG and the EDD with two separate governing organizations under the same Association. Last Thursday, the EDA approved our proposed amended Articles of Association and By -laws for the EDD. Today, pursuant to the current NWCCOG Articles of Association, we are submitting them to you for ratification. They make no changes to the COG as you know it but instead add an additional governing body to oversee the EDD and add a coordination Team of two from each governing body to deal with issues that impact both sides of the organization. There will be no new dues required to support the activities of the District but new programs will be developed that should help in your efforts to create a vital economic environment in your community. Additionally, some communities and businesses may qualify for funding that was not previously open to them as a result of the district designation. We really need your help fast tracking this. The EDA took some time to review our latest documents and we have just 3 weeks to get a majority of our member communities to ratify these amendments. If you would please help us with this, we will appreciate it greatly. We have prepared a recommended resolution and have provided you with both a clean copy and a marked up copy of the Article of Association amendments, for your own comparison purposes. If you have any questions or we can assist in any way to accomplish this resolution at your next meeting, please contact me at your earliest convenience. 8/2/2011 1 -4 -2 BYLAWS OF THE NORTHWEST COLORADO COUNCIL OF GOVERNMENTS ECONOMIC DEVELOPMENT DISTRICT ARTICLE I Adoption and Effect These Bylaws shall become effective upon the adoption thereof by a majority of the voting representatives of the Northwest Colorado Council of Governments Economic Development District (hereinafter, the " District" or "EDD Board ") at any regular meeting, and shall not be construed to operate in contravention of any provision of the Articles of Association, Northwest Colorado Council of Governments /Economic Development District ( "Articles of Association "). Any provision herein determined to be contrary to or in violation of the Articles of Association shall be null, void, and of no effect. ARTICLE II Representation, and Voting 1. Representation The EDD Board shall consist of no Tess than fifty -one percent (51%) governmental representatives and no less than thirty -five percent (35 %) non - governmental representatives. The EDD Board shall comprise the following representation: a. One (1) elected official, or their chief administrative official, from each county within the District, to be appointed by the individual county. b. Six (6) representatives of the municipalities located within Region 12, to be elected by ballot vote of the Council.. c. One (1) representative from a non - governmental stakeholder organization from each county within the District, to be appointed by the individual county. d. One (1) representative of the Colorado Mountain College, to be appointed by the College President. e. One (1) representative from the State office of Workforce Development, to be appointed by the Colorado Workforce Center. f. One (1) representative from the resort industry, to be appointed in the first year by the NWCCOG Council and thereafter to be appointed by the EDD Board of Directors DRAFT 06/08/11 8/2/2011 1 -4 -3 g. One (1) representative from the health care industry, to be appointed in the first year by the NWCCOG Council, and thereafter to be appointed by the EDD Board of Directors h. One (1) representative from each Member Jurisdiction located outside of Region 12, appointed by the jurisdiction. i. Each appointing authority may also appoint or elect one alternate for each representative it appoints or elects to the Board. 2. EDD Board Officers. EDD Board officers shall be elected by majority vote of the representatives. Officers shall serve for a term of two (2) years from the date of their election. a. Chairman. The Chairman shall preside at all meetings of the EDD Board and shall be the chief officer of the EDD Board . b. Vice Chairman. The Vice Chairman shall exercise the functions of the Chairman in the Chairman's absence or incapacity. c. Secretary- Treasurer. The Secretary- Treasurer shall exercise the functions of the Vice Chairman in the absence or incapacity of the Vice Chairman and shall perform such other duties as may be consistent with the office of Secretary - Treasurer or as may be required by the Chairman. 3. Term of Representation Each representative shall serve a two year term unless sooner replaced by the appointing authority. Representatives shall serve on the EDD Board at the will of the appointing authority. All representatives serving on the original EDD Board shall serve from the EDD Board's inception until the second January following the EDD Board's creation. 4. Allocation of Voting Rights Each representative shall be entitled to vote on any matter that requires a vote by the Board. Each representative shall have a total of one vote. Only the representatives of those appointing authorities whose dues payments are current are entitled to cast a vote at a meeting of the EDD Board. 5. Quorum DRAFT 06/08/11 2 8/2/2011 1 -4 -4 A quorum shall consist of no less than seven representatives or their alternates. To pass a budget or set dues, the majority of the representatives comprising the quorum shall be government representatives. 6. Telephone Polling In order to achieve a quorum, the EDD Board may poll by telephone, not more than two representatives, with respect to a specific matter before the EDD Board on motion or resolution. Such telephone polling shall constitute the equivalent of a physical presence at the meeting of the representative(s) so polled, shall be carried out by the Chairman, and the results of the poll reported to the EDD Board by the Chairman. The minutes for the meeting shall reflect that a telephone poll was taken, the results thereof, and the representative(s) polled by telephone. Further, a memorandum of the telephone poll shall be approved and signed by the polled representative. If the representative(s) does not approve and sign the memorandum, the action upon which the vote, including the poll, was taken shall be null, void and of no effect. 7. Electronic Voting With prior approval by the EDD Board, the representatives may vote via electronic means on subjects not related to the budget or the setting of dues. ARTICLE III Annual Dues Assessment Policies 1. Dues Assessment and Payment a. The EDD Board will receive a dues payment from the Council equal to 50% of the EDD's adopted budget minus other revenues received or budgeted to be received. b. The EDD Board shall adopt a voluntary dues structure that applies to private sector representation, to offset the costs of adding the private sector representatives to the EDD Board and to be applied toward matching the federal dollars. c. By August 31st, the EDD Board shall send notices stating the amount of the next calendar year's annual dues assessment. Confirmation of intention to pay the assessment is due to the EDD Board by October 31st. Dues assessments are due and payable on an annual basis by February 28 2. Required Withdrawal from EDD Board In the event of non - payment of dues the EDD Board may by majority vote require that the non- paying entity withdraw its representation on the EDD Board. DRAFT 06/08/11 3 8/2/2011 1 -4 -5 ARTICLE IV Financial Management 1. Annual Budget Each year between October 1 and October 15, the Chairman shall submit, by mail, to the EDD Board an estimate of the budget required for the operation of the EDD Board during the ensuing calendar year. 2. Funding Sources The EDD Board is specifically empowered to contract or otherwise participate in and to accept grants, funds, gifts or services from any Federal, State or local government or its agencies or instrumentality thereof, and from private and civic sources, and to expend funds received therefrom, under provisions as may be required of and agreed to by the EDD Board, in connection with any program or purpose for which the EDD Board exists. 3. Accounting The EDD Board shall arrange for a systematic and continuous record of its financial affairs and transactions and shall obtain an annual audit of its financial transactions and expenditures. ARTICLE V Executive Staff 1. Hiring and Termination The NWCCOG Executive Committee shall appoint professional Executive Staff who shall serve at the pleasure of the EDD Board, and may be hired and/ or terminated only by a vote of the Council pursuant to Article II Section 3 of the Amended and Restated Bylaws of the Northwest Colorado Council of Governments. 2. Duties The Executive Staff shall serve as the general administrators of the EDD Board and shall oversee the daily affairs in a manner that carries out the will of the EDD Board, including but not limited to the following authority: a. The Executive Staff shall implement personnel policies, and shall hire, supervise and terminate employment for the staff of the EDD Board. b. The Executive Staff shall have the authority to enter into contracts for services and materials on behalf of the EDD Board provided, however, that the EDD Board has previously approved budget items encompassing such services and DRAFT 06/08/11 4 8/2/2011 1 -4 -6 materials, and the contracts implement items in the Work Program approved by the EDD Board. In no event may the Executive Staff enter into contracts in excess of $20,000. The Executive Staff shall have the authority to dispose of, by sale or exchange, property and equipment of the EDD Board up to and including a value of $1,000 per unit or market lot, as appropriate, without prior approval of the EDD Board. Upon approval of the EDD Board or Executive Committee, as appropriate, the Executive Staff may dispose of EDD Board property or equipment valued in excess of $1,000. c. The Executive Staff shall have the authority to bind the EDD Board during the course of contract negotiations with present or future contractors with the EDD Board provided, however, that the specific contract under negotiation has previously been approved by the EDD Board. The Executive Staff shall have the authority to implement change orders and contract amendments consistent with the intent and purpose of previously approved contracts. ARTICLE VI Amendment These Bylaws may be amended by resolution of the EDD Board, approved by majority vote of the EDD Board. ARTICLE VII Rules of Order Except as otherwise provided in these Articles, Robert's Rules of Order shall prevail for the conduct of business of the EDD Board. ARTICLE VIII Meetings The EDD Board shall meet a minimum of four times each calendar year. All such meetings shall be open to the public. ARTICLE IX Committees The EDD Board may establish advisory committees as may be necessary from time to time. ARTICLE X Indemnification The EDD Board shall indemnify, to the extent permitted by law, any person who is an officer, agent, fiduciary or employee of the EDD Board against any claim, liability or expense arising DRAFT 06/08/11 5 8/2/2011 1 -4 -7 against or incurred by such person as a result of actions reasonably taken by him at the direction of the EDD Board. The EDD Board shall further have the authority to the full extent permitted by the law to indemnify its directors, officers, agents, fiduciaries and employees against any claim, liability or expense arising against or incurred by them in all other circumstances and to maintain insurance providing such indemnification. DRAFT 06/08/11 6 8/2/2011 1 -4 -8 AMENDED AND RESTATED ARTICLES OF ASSOCIATION NORTHWEST COLORADO COUNCIL OF GOVERNMENTS/ ECONOMIC DEVELOPMENT DISTRICT -e e • , , .. . Rion -Xl4 ARTICLE I General Provisions 101. Establishment of 'Northwest Colorado Council of Governments /Economic Development District A. The Member Jurisdictions, - - - - - - -•- , - - - - - - ' • . - • - known as of Northwest Colorado Council of Governments "hereinafter "LCouncil - ' or '_`NWCCOGT) hereby establish an organization known as the Northwest Colorado Council of Governments /Economic Development District (NWCCOG /EDD). The NWCCOG /EDD will serve as an Association of Governments pursuant to Article XIV, Section 18 of the Colorado Constitution, and SectioneSection 29 -1 -2017 et seq., 29 -1- 401 and 29 -1 -402, GeIe,Rev7StatColorado Revised Statutes; and as an Economic Development District pursuant to U.S Code Title 42 Chapter 38, Subchapter 11 Establishment of Economic Development partnerships. The geographic area of the NWCCOG /EDD shall comprise the Counties of Eagle, Grand, Jackson, Pitkin, and Summit. B. The purposes and functions of the NWCCOG /EDD shall comprise regional council of government activities, set forth in Article II, and economic development activities set forth in Article III. 102. The NWCCOG /EDD regional council of government activities shall be under the authority of the Council as described in Article 11, and the Economic Development District activities shall be under the authority of the EDD Board. 103. The activities of the Council and the EDD shall be coordinated by a Coordination Team comprising 2 individuals from the Council and 2 individuals from the EDD Board. ARTICLE II Purpose, Function and Powers of the Council 201. Purpose The Council shall promote regional cooperation and coordination among local governments and between levels of government for the geographic area comprising the Counties of Eagle, Grand, Jackson, Pitkin, and Summit, hereinafter referred to as the "Region ". DRAFT 06/08/11 8/2/2011 1 -4 -9 The need for a Council of Governments is based on the recognition that people in the Region form a single community and are bound together not only physically, but economically and socially. It is the purpose of the Council through its participating membership, staff and programs, to provide local public officials with the means of responding more effectively to the local and regional problems of this Regional community. In order to assure the orderly and harmonious development of the Region, and to provide for the needs of future generations, it is necessary for the Council to serve as an advisory coordinating agency to harmonize the activities of Federal, State, County and Municipal agencies within the Region, and to render assistance and service and create public interest and participation for the benefit of the Region. .A regional approach to problem solving and service delivery offers economies of scale, reduces redundancies, and allows each of the member jurisdictions access to funds not available when acting alone. Cooperative efforts among local governments enhance the capacity to address regional issues in the most cost - effective way. 202. Functions The Council shall promote regional coordination and cooperation through activities designed to: A. Strengthen local governments and their individual capacities to deal with local problems. B. Serve as a forum to identify study and resolve area -wide problems. C. Develop and formulate policies involving Regional problems. D. Promote intergovernmental cooperation through such activities as reciprocal furnishing of services, mutual aid and parallel action as a means to resolve local, as well as Regional, problems. E. Provide the organizational framework to ensure effective communication and coordination among governmental bodies. F. Serve as a vehicle for the collection and exchange of Regional information. G. Develop Regional comprehensive plans. H. Serve as a spokesman for local governments on matters of Regional and mutual concern. DRAFT 06/08/11 2 8/2/2011 1 -4 -10 Encourage action and implementation of Regional plans and policies by local, State and Federal agencies. J. Provide, if requested, mediation in resolving conflicts between members andetherand other parties. K. Provide a mechanism for delivering financial assistance, in the form of loans, or otherwise, to public or private, for profit or nonprofit ventures, deemed to be in the public interest and to fulfill the purposes and functions of the Council more fully at Section 203.H, infra. L. Provide technical and general assistance to members within its staff and financial capabilities. These services are inclusive of, but not limited to: 1. Identify issues and needs which are Regional and beyond the realistic scope of any one local government. 2. Compile and prepare, through staff and from members, the necessary information concerning the issues and needs for Council discussion and decision. 3. Debate and concur in a cooperative and coordinated Regional action to meet the need or issue. 4. Implement the details of the cooperative action among affected member governments, using such devices as interlocal contracts and agreements, parallel ordinances or codes, joint performance of services, transfers or consolidations of functions, or special subordinate operating agencies. 5. And, in general, a. Arrange contracts among officials on an intergovernmental basis. b. Publish reports on functional programs. c. Publish current information of Regional interest. d. Provide advice and assistance on physical land use planning and other functional programs. e. Sponsor Regional training programs. f. Negotiate cooperative agreements. DRAFT 06/08/11 3 8/2/2011 1 -4 -11 g. Sponsor or oppose legislation on behalf of the Region and its units of local government. 203. Powers The Council shall, for the purpose of fulfilling its purposes and functions, be a body politic and corporate, and as such, be subject to all rights, duties and obligations as such may affect the members of such Council whereby its activities are of a Regional, area -wide or multi - governmental nature and further, shall constitute the entity to perform those Regional or area - wide functions which may be authorized by Federal or State statute. To effectuate such powers, the Council shall: A. Be the approving and contracting agent for all Federal and State regional grants, as required. B. Constitute the governmental entity for the purpose of receiving State or Federal assistance to area -wide or Regional governmental entities through designation as grantee for such grants. C. Constitute the governmental entity for any existing entities that are Regional in nature and any new entity, Regional in nature, which may be required to be created as a new board or commission by State or Federal statute and, to consummate such purpose, these Articles shall be amended from time to time. D. Serve as the Area Clearinghouse and Project Notification Review Agency. E. Serve as the Regional Planning Commission pursuant to Section 30 -28 -105, C.R.S. F. Exercise all powers set forth in Section 29 -1 = 201, et seq., C.R.S., and Article XIV, Section 18, Colorado Constitution. G. Accept contributions from member local governments or from any other source, commit them to a general fund or funds, or a special fund or funds, and disburse the same for such purposes as the Council may direct at the time the fund or funds are established or at any time thereafter. H. Revolving Loan Fund. Subject to the approval of the Board of Directors, a Revolving Loan Fund may be created to assist in the financing of either public or private, for profit or nonprofit ventures, where the retention or creation of employment and the consequent public revenue or benefit to the health, safety and welfare of the Region is deemed by the Board to be in the public interest. The Board shall appoint a Revolving Loan Fund committee of nine persons, one from each county in the service area, under criteria as it shall establish. The Board shall also appoint nine alternates in the event of the inability of any committee member to attend a meeting. The NWCCOG Executive DRAFT 06/08/11 4 8/2/2011 1 -4 -12 Staff or senior staff member shall serve as a non - voting, ex- officio member of the loan fund committee. The Revolving Loan Fund will create policy for review and approval of its loans including criteria established by agencies of origination from which capitalization of the Revolving Loan Fund is achieved. In addition, such loans shall be made in full compliance with the Colorado Constitution, the Colorado Revised Statutes and applicable Federal law and regulations. The Revolving Loan Fund committee shall adopt Bylaws for the conduct of its affairs and the administration of the Revolving Loan Fund. Such Bylaws shall not be effective until approved by the Board of Directors of the Council. ARTICLE-44i 204. Membership 304 -A. Initial Membership_The Council shall be composed of the following Counties and Municipal Corporations ( "Member Jurisdictions "): 1. Counties: Eagle, Grand, Jackson, Pitkin, and Summit 2. Municipal Corporations: Aspen Avon ` Basalt Breckcnridgc , Dillon,Eagle ` Fraser,Frisco ` Granby,Grand Lake,Gypsum Sulphur Springs Kremmling Cliff and Winter Park, Glenwood Springs, Steamboat Springs, and Carbondale. 302. 8. Additional Members Any other municipal corporations within the Region may are eligible to become members of the Council by subscribing to thethese Articles of Association and Council Bylaws and paying the applicable assessment of dues. 303,205. Termination of Membership Any member government may withdraw from membership in the Council as follows: 1 1--A. A resolution or ordinance shall be adopted by the governing body of the Member Jurisdiction, following notice and public hearing, including findings that it is in the best interest of the public to withdraw from membership in the Council. DRAFT 06/08/11 5 8/2/2011 1 -4 -13 a-B. Written notice of intent to withdraw from the Council by the governing body of the Member Jurisdiction shall be submitted to the Executive Committee, together with a copy of the duly adopted ordinance or resolution, by June 15, of the year prior to the effective date of withdrawal which date shall be January 1. Provision of services and all other rights and privileges of membership shall remain in effect from the date of written notice of the intent to withdraw and shall terminate on the effective withdrawal date. Any withdrawing Member Jurisdiction shall make a written request to the Executive Director of the Department of Local Affairs and the Governor to revise the designation of Planning and Management Region XII to reflect the member's withdrawal from NWCCOG. ARTICLE-IV 206. Council Bylaws The Council, acting by resolution at any regular or special meeting, may enact or amend Bylaws in order to efficiently conduct its affairs including creation of and delegation of authority to an Executive Committee, establishment of representation and voting rights of members on the Council, establishing responsibilities of officers and key personnel. Such Bylaws may not contravene or supersede any provision of these Articles. ARTICLE VIII 501 Articles. Effective Date Purpose. Function, and Powers of the Economic Development District 301. Purpose. The EDD shall promote regional cooperation, intergovernmental cooperation, and coordination on economic development activities among local governments and private sector for the geographic area of the District. The geographic area of the District shall include the Counties of Eagle, Grand, Jackson, Pitkin, and Summit Counties and all of the incorporated municipalities within these counties. 302. Functions Economic Development functions shall include: Directing the activities of the Economic Development District towards the accomplishments of the goals, objectives, and action plans continued in the Comprehensive Economic Development Strategy; apply for funding that supports these efforts, convene organizations and individuals who purpose is also to work on strengthening the economy within the define region, oversee and operate the District with regarding to fiscal management, budgeting, reporting, and employee hiring, firing and supervision. The EDD Board will be required to cooperate on the hiring, supervision and DRAFT 06/08/11 6 8/2/2011 1 -4 -14 termination of the joint Executive Director. The District is responsible for updating of the CEDS and other such economic development activities as directed by the EDD Board. 303. EDD Board A. All economic development functions of the NWCCOG /EDD shall be directed by the EDD Board. B. The EDD Board shall consist of no less than fifty -one percent (51 %) governmental representatives and no Tess than thirty -five percent (35%) non - governmental representatives. The membership shall comprise the following representation: 1. One (1) elected official, or their chief administrative official, from each county within the District, to be appointed by the individual county. 2. Six (6) representatives of the municipalities located within Region 12, to be elected by ballot vote of the Council. 3. One (1) representative from a non - governmental stakeholder organization from each county within the District, to be appointed by the individual county. 4. One (1) representative of the Colorado Mountain College, to be appointed by the College President. 5. One (1) representative from the State office of Workforce Development, to be appointed by the Colorado Workforce Center. 6. One (1) representative from the resort industry, to be appointed in the first year by the NWCCOG Council and thereafter to be appointed by the EDD Board of Directors 7. One (1) representative from the health care industry, to be appointed in the first year by the NWCCOG Council, and thereafter to be appointed by the EDD Board of Directors 8. One (1) representative from each Member Jurisdiction located outside of Region 12, appointed by the jurisdiction. 9. Each appointing authority may also appoint or elect one alternate for each representative it appoints or elects to the Board. 304. Bylaws The EDD Board acting by resolution at any regular or special meeting may enact or amend Bylaws in order to efficiently conduct its affairs including creation of and delegation of authority DRAFT 06/08/11 7 8/2/2011 1 -4 -15 to an Executive Committee, establishment of representation and voting rights on the Board and, establishing responsibilities of officers and key personnel. Such Bylaws may not contravene or supersede any provision of these Articles. ARTICLE IV Effective Date and Amendment 401. Articles: Effective Date These Amended and Restated Articles of Association shall regulate and govern the affairs of the 6euneil -: NWCCOG /EDD. These Articles shall become effective upon their adoption by the Council and the EDD Board and ratification by a majority of the Member Jurisdictions of the Council. 502. 402. Articles: Amendment These Articles may be amended by resolution approved by the Council by-Feselutienand the EDD Board, provided that at least one week's notice in writing be given to all Council members and EDD Board members, setting forth such amendment,. and that the approved amendment be ratified by a majority of the Member Jurisdictions: of the Council, and the private and public sector entities within the Economic District. DRAFT 06/08/11 8 8/2/2011 1 -4 -16 AMENDED AND RESTATED ARTICLES OF ASSOCIATION NORTHWEST COLORADO COUNCIL OF GOVERNMENTS/ ECONOMIC DEVELOPMENT DISTRICT ARTICLE I General Provisions 101. Establishment of Northwest Colorado Council of Governments /Economic Development District A. The Member Jurisdictions of Northwest Colorado Council of Governments ( "Council" or "NWCCOG ") hereby establish an organization known as the Northwest Colorado Council of Governments /Economic Development District (NWCCOG /EDD). The NWCCOG /EDD will serve as an Association of Governments pursuant to Article XIV, Section 18 of the Colorado Constitution, and Section 29 -1 -201 et seq., 29 -1 -401 and 29 -1 -402, Colorado Revised Statutes; and as an Economic Development District pursuant to U.S Code Title 42 Chapter 38, Subchapter 11 Establishment of Economic Development partnerships. The geographic area of the NWCCOG /EDD shall comprise the Counties of Eagle, Grand, Jackson, Pitkin, and Summit. B. The purposes and functions of the NWCCOG /EDD shall comprise regional council of government activities, set forth in Article II, and economic development activities set forth in Article III. 102. The NWCCOG /EDD regional council of government activities shall be under the authority of the Council as described in Article II, and the Economic Development District activities shall be under the authority of the EDD Board. 103. The activities of the Council and the EDD shall be coordinated by a Coordination Team comprising 2 individuals from the Council and 2 individuals from the EDD Board. ARTICLE II Purpose. Function and Powers of the Council 201. Purpose The Council shall promote regional cooperation and coordination among local governments and between levels of government for the geographic area comprising the Counties of Eagle, Grand, Jackson, Pitkin, and Summit, hereinafter referred to as the "Region ". The need for a Council of Governments is based on the recognition that people in the Region form a single community and are bound together not only physically, but economically and socially. It is the purpose of the Council through its participating membership, staff and DRAFT 06/08/11 8/2/2011 1 -4 -17 programs, to provide local public officials with the means of responding more effectively to the local and regional problems of this Regional community. In order to assure the orderly and harmonious development of the Region, and to provide for the needs of future generations, it is necessary for the Council to serve as an advisory coordinating agency to harmonize the activities of Federal, State, County and Municipal agencies within the Region, and to render assistance and service and create public interest and participation for the benefit of the Region. A regional approach to problem solving and service delivery offers economies of scale, reduces redundancies, and allows each of the member jurisdictions access to funds not available when acting alone. Cooperative efforts among local governments enhance the capacity to address regional issues in the most cost - effective way. 202. Functions The Council shall promote regional coordination and cooperation through activities designed to: A. Strengthen local governments and their individual capacities to deal with local problems. B. Serve as a forum to identify study and resolve area -wide problems. C. Develop and formulate policies involving Regional problems. D. Promote intergovernmental cooperation through such activities as reciprocal furnishing of services, mutual aid and parallel action as a means to resolve local, as well as Regional, problems. E. Provide the organizational framework to ensure effective communication and coordination among governmental bodies. F. Serve as a vehicle for the collection and exchange of Regional information. G. Develop Regional comprehensive plans. H. Serve as a spokesman for local governments on matters of Regional and mutual concern. I. Encourage action and implementation of Regional plans and policies by local, State and Federal agencies. DRAFT 06/08/11 2 8/2/2011 1 -4 -18 J. Provide, if requested, mediation in resolving conflicts between members and other parties. K. Provide a mechanism for delivering financial assistance, in the form of loans, or otherwise, to public or private, for profit or nonprofit ventures, deemed to be in the public interest and to fulfill the purposes and functions of the Council,. L. Provide technical and general assistance to members within its staff and financial capabilities. These services are inclusive of, but not limited to: 1. Identify issues and needs which are Regional and beyond the realistic scope of any one local government. 2. Compile and prepare, through staff and from members, the necessary information concerning the issues and needs for Council discussion and decision. 3. Debate and concur in a cooperative and coordinated Regional action to meet the need or issue. 4. Implement the details of the cooperative action among affected member governments, using such devices as interlocal contracts and agreements, parallel ordinances or codes, joint performance of services, transfers or consolidations of functions, or special subordinate operating agencies. 5. And, in general, a. Arrange contracts among officials on an intergovernmental basis. b. Publish reports on functional programs. c. Publish current information of Regional interest. d. Provide advice and assistance on physical and use planning and other functional programs. e. Sponsor Regional training programs. f. Negotiate cooperative agreements. g. Sponsor or oppose legislation on behalf of the Region and its units of local government. 203. Powers DRAFT 06/08/11 3 8/2/2011 1 -4 -19 4 The Council shall, for the purpose of fulfilling its purposes and functions, be a body politic and corporate, and as such, be subject to all rights, duties and obligations as such may affect the members of such Council whereby its activities are of a Regional, area -wide or multi - governmental nature and further, shall constitute the entity to perform those Regional or area - wide functions which may be authorized by Federal or State statute. To effectuate such powers, the Council shall: A. Be the approving and contracting agent for all Federal and State regional grants, as required. B. Constitute the governmental entity for the purpose of receiving State or Federal assistance to area -wide or Regional governmental entities through designation as 1 grantee for such grants. C. Constitute the governmental entity for any existing entities that are Regional in nature and any new entity, Regional in nature, which may be required to be created as a new board or commission by State or Federal statute and, to consummate such purpose, these Articles shall be amended from time to time. D. Serve as the Area Clearinghouse and Project Notification Review Agency. E. Serve as the Regional Planning Commission pursuant to Section 30 -28 -105, C.R.S. F. Exercise all powers set forth in Section 29 -1 -201, et seq., C.R.S., and Article XIV, Section 18, Colorado Constitution. G. Accept contributions from member local governments or from any other source, commit them to a general fund or funds, or a special fund or funds, and disburse the same for such purposes as the Council may direct at the time the fund or funds are established or at any time thereafter. H. Revolving Loan Fund. Subject to the approval of the Board of Directors, a Revolving Loan Fund may be created to assist in the financing of either public or private, for profit or nonprofit ventures, where the retention or creation of employment and the consequent public revenue or benefit to the health, safety and welfare of the Region is deemed by the Board to be in the public interest. The Board shall appoint a Revolving Loan Fund committee of nine persons, one from each county in the service area, under criteria as it shall establish. The Board shall also appoint nine alternates in the event of the inability of any committee member to attend a meeting. The NWCCOG Executive Staff or senior staff member shall serve as a non - voting, ex- officio member of the loan fund committee. The Revolving Loan Fund will create policy for review and approval of its loans including criteria established by agencies of origination from which capitalization of the Revolving Loan Fund is achieved. In addition, such loans shall be made in full compliance with the Colorado Constitution, the Colorado Revised Statutes DRAFT 06/08/11 4 8/2/2011 1 -4 -20 ) and applicable Federal law and regulations. The Revolving Loan Fund committee shall adopt Bylaws for the conduct of its affairs and the administration of the Revolving Loan Fund. Such Bylaws shall not be effective until approved by the Board of Directors of the Council. 204. Membership A. Initial Membership. The Council shall be composed of the following Counties and Municipal Corporations ( "Member Jurisdictions "): 1. Counties: Eagle, Grand, Jackson, Pitkin, and Summit 2. Municipal Corporations: Aspen, Basalt, , Dillon, Eagle, Fraser, Frisco, Granby, Grand Lake, Gypsum, Hot Sulphur Springs, Kremmling, Minturn, Montezuma, Red Cliff, Silverthorne, Vail, Walden, and Winter Park, Glenwood Springs, Steamboat Springs, and Carbondale. B. Additional Members. Any other municipal corporations within the Region are eligible to become members of the Council by subscribing to these Articles of Association and Council Bylaws and paying the applicable assessment of dues. 205. Termination of Membership Any member government may withdraw from membership in the Council as follows: A. A resolution or ordinance shall be adopted by the governing body of the Member Jurisdiction, following notice and public hearing, including findings that it is in the best interest of the public to withdraw from membership in the Council. B. Written notice of intent to withdraw from the Council by the governing body of the Member Jurisdiction shall be submitted to the Executive Committee, together with a copy of the duly adopted ordinance or resolution, by June 15, of the year prior to the effective date of withdrawal which date shall be January 1. Provision of services and all other rights and privileges of membership shall remain in effect from the date of written notice of the intent to withdraw and shall terminate on the effective withdrawal date. Any withdrawing Member Jurisdiction shall make a written request to the Executive Director of the Department of Local Affairs and the Governor to revise the designation of Planning and Management Region XII to reflect the member's withdrawal from NWCCOG. 206. Council Bylaws The Council, acting by resolution at any regular or special meeting, may enact or amend Bylaws in order to efficiently conduct its affairs including creation of and delegation of authority to an DRAFT 06/08/11 5 8/2/2011 1 -4 -21 Executive Committee, establishment of representation and voting rights of members on the Council, establishing responsibilities of officers and key personnel. Such Bylaws may not contravene or supersede any provision of these Articles. ARTICLE III Purpose, Function, and Powers of the Economic Development District 301. Purpose. The EDD shall promote regional cooperation, intergovernmental cooperation, and coordination on economic development activities among local governments and private sector for the geographic area of the District. The geographic area of the District shall include the Counties of Eagle, Grand, Jackson, Pitkin, and Summit Counties and all of the incorporated municipalities within these counties. 302. Functions Economic Development functions shall include: Directing the activities of the Economic Development District towards the accomplishments of the goals, objectives, and action plans continued in the Comprehensive Economic Development Strategy; apply for funding that supports these efforts, convene organizations and individuals who purpose is also to work on strengthening the economy within the define region, oversee and operate the District with regarding to fiscal management, budgeting, reporting, and employee hiring, firing and supervision. The EDD Board will be required to cooperate on the hiring, supervision and termination of the joint Executive Director. The District is responsible for updating of the CEDS and other such economic development activities as directed by the EDD Board. 303. EDD Board A. All economic development functions of the NWCCOG /EDD shall be directed by the EDD Board. B. The EDD Board shall consist of no less than fifty -one percent (51 %) governmental representatives and no less than thirty -five percent (35 %) non - governmental representatives. The membership shall comprise the following representation: 1. One (1) elected official, or their chief administrative official, from each county within the District, to be appointed by the individual county. 2. Six (6) representatives of the municipalities located within Region 12, to be elected by ballot vote of the Council. 3. One (1) representative from a non - governmental stakeholder organization from each county within the District, to be appointed by the individual county. DRAFT 06/08/11 6 8/2/2011 1 -4 -22 4. One (1) representative of the Colorado Mountain College, to be appointed by the College President. 5. One (1) representative from the State office of Workforce Development, to be appointed by the Colorado Workforce Center. 6. One (1) representative from the resort industry, to be appointed in the first year by the NWCCOG Council and thereafter to be appointed by the EDD Board of Directors 7. One (1) representative from the health care industry, to be appointed in the first year by the NWCCOG Council, and thereafter to be appointed by the EDD Board of Directors 8. One (1) representative from each Member Jurisdiction located outside of Region 12, appointed by the jurisdiction. 9. Each appointing authority may also appoint or elect one alternate for each representative it appoints or elects to the Board. 304. Bylaws The EDD Board acting by resolution at any regular or special meeting may enact or amend Bylaws in order to efficiently conduct its affairs including creation of and delegation of authority to an Executive Committee, establishment of representation and voting rights on the Board and, establishing responsibilities of officers and key personnel. Such Bylaws may not contravene or supersede any provision of these Articles. ARTICLE IV Effective Date and Amendment 401. Articles: Effective Date These Amended and Restated Articles of Association shall regulate and govern the affairs of the NWCCOG /EDD. These Articles shall become effective upon their adoption by the Council and the EDD Board and ratification by a majority of the Member Jurisdictions of the Council. 402. Articles: Amendment These Articles may be amended by resolution approved by the Council and the EDD Board, provided that at least one week's notice in writing be given to all Council members and EDD Board members, setting forth such amendment, and that the approved amendment be ratified by a majority of the Member Jurisdictions of the Council, and the private and public sector entities within the Economic District. DRAFT 06/08/11 7 8/2/2011 1 -4 -23 CONTRACT THIS AGREEMENT, made and entered into this day of , 2011, by and between the TOWN OF VAIL, a Colorado municipal corporation, 75 South Frontage Road, Vail, Colorado 81657, hereinafter referred to as the "Town," and Superior Asphalt, LLC, with its offices atP.O. Box 450 Magna, Utah 44044 -0450, hereinafter referred to as the "Contractor." WITNESSET11: WHEREAS, the Town has solicited proposals for the 2011 Street Maintenance Project, Crack Sealing and WHEREAS; the firm of Superior Asphalt, LI..0 represents that they possess the necessary qualifications to perform this service; and WHEREAS; the Town has reviewed a proposal from Superior Asphalt, LLC for the provision of said services as part of the Town's contractor selection process, and the Town finds said proposal acceptable: and WHEREAS, the Town desires to engage the Contractor to render said services. NOW, THEREFORE., it is hereby agreed by and between the parties hereto that the Town does retain the Contractor to act for and represent it in all matters involved in the terms of this Agreement. Such contract for services to be subject to the following terms, conditions, and stipulations, to wit: 1. PROJECT DESCRIPTION The Contractor shall perform all necessary services provided under this Agreement in connection with the project area. Project services are to include labor, material and equipment for the 2011 Overlay Project, as defined within the "2011 Street Maintenance Project, Crack Sealing Contract Documents And Technical Specifications" dated May, 2011, and the set of Rid Document Plans entitled "2011 Street Maintenance Project, Crack Sealing ", dated May, 2011, both as prepared by the Town of Vail, together with such alterations, modifications, and addenda are each and all included in and made part of this contract. II. GENERAL SCOPE OF SERVICES A. CONTRACTOR REPRESENTATIVE The Contractor Representative is Rick Phelps . The Contractor Representative shall accept Full responsibility for the management of this Agreement under the general direction of the Town of Vail Department of Public Works and shall report directly to Project Manager, or his representative. 8/2/2011 1 -5 -1 B. WORK SCOPE The Scope of Work shall be as defined within the Contract Documents, Technical Specifications and Plans for the 2011 Street Maintenance Project, Crack Sealing dated May, 2011. C. SUBCONTRACTORS A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. .The Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor assumes toward the Owner. III. ADDITIONAL SERVICES OF THE CONTRACTOR A. If authorized in writing by the Town, the Contractor will provide additional services which are not considered normal or customary basic services nor included in the detailed scope of work. These will be paid in a lump sum amount, agreed upon between the Town and Contractor. B. Other items identified during the project and mutually agreed to by the 'Town and Contractor. IV, TOWN'S RESPONSIBILITY The Town Shall: A. Provide full intormation as to the requirements for the project. B. Designate a 'Town representative with respect to the work to be performed under this Agreement, and said representatives shall have complete authority to transmit instructions. receive information, interpret and define the Town's policies and decisions with respect to materials, equipment, elements, and systems pertinent to the work covered by this Agreement. Said representative shall not have sole authority to increase compensation to the Contractor beyond that specified in this Agreement. V. TIME OF COMPLETION This agreement will commence September 1, 2011 and proceed on a continuing basis until the contract termination date of completion of the work as defined within the Contract Documents. VI. COMPENSATION FOR SERVICES Contractor shall be compensated on the following basis: A. 1 he total contract shall not exceed an amount of $73,950 without further negotiations and a supplemental agreement. The maximum as stated above shall include all services, direct charges and expenses. Payments shall be made based upon the completion of the Bid Items and Bid Prices as submitted by the contractor within the Bid Documents (Exhibit A). 8/2/2011 1 -5 -2 B. Should work beyond that described in the scope of services be required, it will be paid for as extra work at a cost as indicated on the attached Proposal Forth, or at a cost to be agreed upon in writing by the Town and the Contractor prior to commencement of the additional work. Such additional Agreement shall be executed and approved by all persons required by the Town. C. Prior to final payment, an advertisement for Liens and Encumbrances shall be published in a local publication each Friday for four (4) consecutive weeks. Final payment can be made to the Contractor contingent upon subtnittal to the Town of required As-Builts, and submittal and approval of a Final Request for Payment. D. The acceptance by Contractor of final payment under this Agreement, or any final payment due on earlier termination of this Agreement, shall constitute a full and complete release of Owner from any and all claims, demands. and causes of action whatsoever which Contractor, its successors and duly approved assignees, have against the Owner. E. The undersigned agrees that, if any portion of said work or material proves defective within Two Years from the final date of acceptance ot'the entire project by the Town, he shall replace any such defective material and remedy any such defective work to the satisfaction of the Town and shall defend, indemnify and save harmless the Town from ali damages, claims, demands, expenses, and charges of every kind which may arise as a result of any such detective material and workmanship during said period. VII. GENERAL TERMS A. Independent Contractor The Contractor is an independent contractor, and nothing herein contained shall constitute or designate the Contractor or any of the Contractor's employees or agents as employees or agents of the Town. The Independent Contractor is not entitled to Worker's Compensation benefits. The Independent Contractor is obligated to pay Federal and State income tax on any monies earned pursuant to the contract relationship. Further, it is agreed that: 1. The Town of Vail does not require the Contractor to work exclusively for it; ?. The Town of Vail, for whom the services are to he performed, does not establish a quality standard for the Contractor; 3. The Town of Vail may supply plans and specifications, but may not oversee the actual work or instruct the Contractor as to how the work will be performed; 4. The Town of Vail can terminate the Contract if the Contractor violates the terms of the Contract or fails to produce a result that meets the specifications ot the Contract; 5. The 'Fown of Vail does not provide training for the Contractor's employees or workers; 6. The Town of Vail does not provide tools or benefits to complete the Contract although materials and equipment may be supplied; 7. The Town of Vail does not dictate the time ofperforrnance except that a completion schedule and range of work hours may he established; 8/2/2011 1 -5 -3 8. Payment for services rendered pursuant to this Contract will he made to the trade or business name of the provider of services rather than to the individual; and 9. The Town of Vail does not in any way combine its business operations with those of the Contractor. B. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8- 17.5 -101, C.R.S., et. Seq., Contractor warrants, represents, acknowledges, and agrees that: 1. Contractor does not knowingly employ or contract with an illegal alien; 2. Contractor shall not enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien; 3. Contractor has verified or attempted to verify through participation in the basic pilot employment verification program created in Public Law 208, I04` Congress, as amended, and expanded in Public Law 156, 108 Congress, as amended, administered by the United States Department of Homeland Security (the "Basic Pilot Program ") that Contractor does not employ any illegal aliens. If Contractor is not accepted into the l3asic Pilot Program prior to entering into this Agreement, Contractor shall forthwith apply to participate in the Basic Pilot Program and shall submit to the Town written verification of such application within five (5) days of the date of this Agreement, Contractor shall continue to apply to participate in the Basic Pilot Program, and shall verify such application to the Town in writing, every three (3) months until Contractor is accepted or this Agreement is completed, whichever occurs first. This subparagraph 3 shall be null and void if the Basic Pilot Program is discontinued: 4. Contractor shall not use the Basic Pilot Program procedures to undertake preemployment screening of job applicants while this Agreement is being performed; 5. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall notify such subcontractor and the Town within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien. and shall terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to this subsection the subcontractor does not cease employing or contracting with the illegal alien, except that Contractor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien; 6. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the - Department ") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in subsection S- 17.5 -102 (5), C.R.S; and 7. If Contractor violates any provision of this Agreement pertaining to the duties imposed by subsection 8- 17.5 -102, C.K.S. the Town may terminate this Agreement and Contractor shall be liable for actual and consequential damages to the Town arising out of said violation. B. Insurance The Contractor shall obtain and maintain in force for the term of this Agreement the following insurance coverage's. Certificates of insurance evidencing such coverages shall be furnished to the Town at the time of signing this Agreement. Prior to cancellation of or material change in, any requisite policy, thirty (30) days written notice shall be given to the Town through its risk manager. All automobile liability and general liability policies shall include the Town as an additional named insured by policy endorsement. 8/2/2011 1 -5 -4 1. Comprehensive General Liability. • Each Occurrence: $ 1,000,000 • Fire Damage: $ 50,000 • Personal and ADV Injury: $ 1,000,000 • General Aggregate: S 1,000,000 • Products — Comp /OP Agg: $ 1,000,000 ?. Automobile Liability (including owned, non - owned, and hired): • Combined Single Limit $ 1,000,000 3. Worker's compensation and employer liability in accordance with the Worker's Cornpensation At of the State of Colorado for employees doing work in Colorado in accordance with this Agreement. C. No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision herein, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided, nor shall the waiver of any default hereunder be deemed a waiver of any subsequent default hereunder. D. The Contractor agrees to indemnify and save the Town, its agents, and employees harmless from and against all claims, demands, liahil ity, damages, suits, actions, or causes of action of every kind and nature, costs including reasonable attorneys ices. which may be brought or asserted against the Town, its agents, or employees arising out of the negligent acts, errors or omissions of the Contractor in the performance of this Agreement. F. The performance of the work may be terminated at any time in whole, or from time to time in part, by the Town for its convenience. Any such termination shall be effected by delivery to the Contractor of a written notice ("Notice of Termination ") specifying the date upon which termination becomes effective. This Agreement may also be terminated by the Contractor in the event ofa material default by the Town, provided the Contractor has first provided the Town with written notice of the default and the Town shall have failed to cure the specified default within seven (7) days of receipt of the notice. If the Agreement is terminated, the Contractor shall be paid on the basis ot'work status satisfactorily completed under the detailed scope of services. The portion of work completed but not yet accepted by the Town shall be determined by the Town, F. Venue of any suit or cause of action under this Agreement shall lie in Eagle County, Colorado. If it becomes necessary to bring any cause of action to enforce the terms of this Agreement, the prevailing party shall be awarded its legal costs including investigation and attorney fees. G. Records of the Contractor's standard time charges pertaining to the project shalt be kept on a generally recognized accounting basis and shall be available to the Town or its authorized representative at mutually convenient times. It is agreed that any duly authorized representative shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to this specific Agreement for the purpose of making audit examinations, excerpts, and transcripts. It is agreed that any such examination by such representative shall be made at the Colorado office of the Contractor, upon reasonable notice given by the Town. 8/2/2011 1 -5 -5 H. All documents, drawings, or plans, shall become the property of the Town and it is agreed that the Contractor shall not retain any proprietary rights of said reports, documents, drawings, or plans. I. Any points of contact for both parties and any notice provided for in this Agreement shall be deemed given if mailed to the respective parties at the addresses below: Town of Vail! 1309 Elkhorn Drive Vail, CO 81657 Attention: Chad Salli, PE Phone: (970) 479 -2169 Fax: (970) 479 -2166 Contractor's name, address, phone and tax Superior Asphalt, LLC P.O. l3ox 450 Magna, Utah 84044 -0450 Attention: Rick Phelps Phone: (801) 250 -7500 Fax: (970) 252 -7186 3. This Agreement is for the expert services of the Contractor and may not be assigned without the prior written consent of all parties hereto. K. It is further agreed that no party to this Agreement will perform contrary to any state, federal, or county law, or any of the ordinances of the Town of Vail, Colorado. L. The Town agrees to tender to the Contractor all fees and money in accordance with this Agreement, except that failure by the Contractor to satisfactorily perform in accordance with this Agreement shall constitute grounds for the "town to withhold payment of the amount sufficient to properly complete the project in accordance with this Agreement. Until the Work is 50 percent complete, the Town shall pay 90 percent of the amount due the Contractor on account of progress payments. At the time the Work is 50 percent complete and thereafter, the Town will authorize remaining partial payments to be paid in full. M. Should any section of this Agreement be found to be invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalidated. N. The Contractor shall not discriminate against any employee or applicant for employment because of race, age, sex, religion, or national origin. 'I'hc Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, age. sex. or national origin, Such action shall include, but not be 1imitcx1 to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 8/2/2011 1 -5 -6 O. WARRANTY: If within two years after the date of final payment any work is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions within seven (7) days after Owner's issuance of written instructions, correct the defective work at Contractor's cost. The guarantee period for that aspect of the work which is found defective and subsequently corrected shall recommence upon such correction and be extended for an additional year. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage. Owner may have the defective work corrected or the rejected work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by Contractor. Contractor shall also pay for any damage done to other work, other property or persons which occurred as a result of the defective work within the correction period. The undersigned do hereby state that this contract agreement is executed in duplicate as though each were an original, and that there are no oral agreements that have not been reduced in writing this instrument. EXECUTED this day of , 2011. TOWN OF VAIL, COLORADO, a Colorado municipal corporation B y : B y Stanley Zemler, Town Manager Title: ATTEST: By: Lorelei Donaldson, Town Clerk State of Colorado ) ) ss: County of Eagle) Subscribed to and affirmed before me by , the of . in the county of , state of Colorado, this day of , 2011. (Seal) Notary Public My commission expires 8/2/2011 1 -5 -7 EXIIIBIT A (BID FORM) 8/2/2011 1 -5 -8 1311) FORM TO: "Fowl of Vaii FROM:_ ` e- t �E ; [ �' ' { 5 ... ?1 : "', I .... :£- L(. -. � _..__...- ------- - - -... - - -- I1:crei after Bidder} ,MM.FNl: + .) ' 1 he above name Bidder hereby proposes and agrees Jo Burnish all the necessary labor, materials equipment, ttn s and services necessary list' he 2911 Street Maintenance Project, Cracl. Sealing for the Owner in accordance with the l)t'm+ ings and Specifications lint! all other Contract Documents pertaining to the Project. 13I1] S('UF 1)['LE Rase Bill ITEM EST DESCRIPTION & UNIT UNIT JO. QTY UNIT PRICE IN WORDS PRICE rat` Al. 50.000 1 13 lrtint etc (rack Se:lIant, t;raJe SX. co€nplcte €d in place. per pound (1.B1. ( r' =R . 3£;TC (1 - nil prick' .. i4'urds) ( { -.LJ Notc. Ali equipment. tr;tflic control, iihning_ Icil?or. *a hiliralie and blotter m.ltC .d .trill he hid and pad 16r : +ti -1u• 1 flit 1'; ic-c pc.3 pound (ill l tit' tiilt:r. TOTAL I rtL lilt) PRICE: 'S ~ � ���� (numeric_) TOTAL, I3ID PRICE: : 1 t',� . / re-k {ycr u . S? A - ....... I r« (c. j t4 (written) 8/2/2011 1 -5 -9 Submitted hy: -- c.-id.'", oy- - -l— c ec nripany Subrnitted by: :e. 1 . :1 /kz, ,-- , / m NaeiTitle f Authorized Personnel j Date of 13id: - 7/5 / - .7,- q / 8/2/2011 1 - 5 - 10 Towm of Vali Tabulation of Bids 2011 Crack Seal Project Bid Opening Oats 07119/2011 Total Bid %of Low 1341 %ofEst Engineer's Estimate $ 90,000.00 122% Superior Asphalt Co $ 73,950.00 100% 82% Foothrals Paving & Maintenance, Inc $ 107,000.00 145% 119% Bonneville Asphalt & Repair $ 90,000.00 122% 100% Coatings Inc $ 122,500.00 166% 136% 0o than l JtiintJCraek Sealant QTY Unit Price 50000 € ills] $ 1 80 I S $ Eng Eat Superior Asphalt Co Foothills Paving & Maintsna • . • navilie Asphalt & Repair Coatings Inc Unit Price Unit Price Unit Price Unit Price 90,000 00 1 $ 1 46 1 $ 73,950,001 S 2.14 1 $ 107,000,00 1 $ 1 80 1 S 90,000,001 $ 2.45 1 $ 122,500 00 1 90,000.00 $ 73,950.00 S 107,000,00 $ 90,000.00 $ 122,500.00 CONTRACT THIS AGREEMENT, made and entered into this _ day of , 2011, by and between the TOWN OF VAIL, a Colorado municipal corporation, 75 South Frontage Road, Vail, Colorado 81657, hereinafter referred to as the "Town," and Icon Inc, with its offices at77 Metcalf Road Suite 304 Avon, Colorado 81620-2058 , hereinafter referred to as the "Contractor." WITNESSETH: WHEREAS, the Town has solicited proposals for the #7 HOLE ELECTRIC LINE BURIAL and WHEREAS; the firm of Icon Inc represents that they possess the necessary qualifications to perform this service; and WIIEREAS; the Town has reviewed a proposal from Icon Inc for the provision of said services as part of the Town's contractor selection process, and the Town finds said proposal acceptable; and WHEREAS, the Town desires to engage the Contractor to render said services. NOW, THEREFORE, it is hereby agreed by and between the parties hereto that the Town does retain the Contractor to act for and represent it in all matters involved in the terms of this Agreement. Such contract for services to he subject to the following terms, conditions, and stipulations, to wit: 1. PROJECT DESCRIPTION The Contractor shall perform all necessary services provided under this Agreement in connection with the project area. Project services are to include labor, material and equipment for the #7 HOLE ELECTRIC LINE BURIAL Project, as defined within the " #7 HOLE ELECTRIC LINE BURIAL" Contract Documents And Technical Specifications" dated July 1, 2011, and the set of Bid Document Plans entitled " #7 HOLE ELECTRIC LINE BURIAL ", dated July 1, 2011, both as prepared by the Town of Vail, together with such alterations, modifications, and addenda are each and all included in and made part of this contract II. GENERAL SCOPE OF SERVICES A. CONTRACTOR REPRESEN "I'ATIVE The Contractor Representative is Albert Quintana . The Contractor Representative shall accept full responsibility for the management of this Agreement under the general direction of the Town of Vail Department of Public Works and shall report directly to Project Manager, or his representative. 13. WORK SCOPE The Scope of Work shall be as defined within the Contract Documents, Technical Specifications 8/2/2011 1 -6 -1 and Plans for the #7 HOLE ELECTRIC LINE BURIAL Project dated July 1, 2011. C. SUBCONTRACTORS A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion ot'the Work at the site. The Contractor shall require each Subcontractor. to the extent of the Work to be performed by the Subcontractor to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor assumes toward the Owner. III. ADDITIONAL SERVICES OF TIIE CONTRACTOR A. If authorized in writing by the Town, the Contractor will provide additional services which are not considered normal or customary basic services nor included in the detailed scope of work. These will be paid in a lump sum amount, agreed upon between the Town and Contractor. B. Other items identified during the project and mutually agreed to by the Town and Contractor. IV. TOWN'S RESPONSIBILITY The Town Shall: A. Provide full information as to the requirements for the project. 13. Designate a Town representative with respect to the work to be performed under this Agreement, and said representatives shall have complete authority to transmit instructions. receive information, interpret and define the Town's policies and decisions with respect to materials, equipment, elements, and systems pertinent to the work covered by this Agreement. Said representative shall not have sole authority to increase compensation to the Contractor beyond that specified in this Agreement. V. TIME OF COMPLETION This agreement will commence and proceed on a continuing basis until the contract termination date of completion of the work as defined within the Contract Documents. All other work shall be completed by October 15, 2011. Failure to complete all work by October 15, 2011 shall result in Liquidated Damages in the amount of S500 per day. VI. COMPENSATION FOR SERVICES Contractor shall be compensated on the following basis: A. The total contract shall not exceed an amount of $127,572.25 without further negotiations and a supplemental agreement. The maximum as stated above shall include all services, direct charges and expenses. Payments shall be made based upon the completion of the Bid Items and Bid Prices as submitted by the contractor within the Bid Documents (Exhibit A). 8/2/2011 1 -6 -2 13. Should work beyond that described in the scope of services be required, it will be paid for as extra work at a cost as indicated on the attached Proposal Form, or at a cost to be agreed upon in writing by the Town and the Contractor prior to commencement of the additional work. Such additional Agreement shall he executed and approved by all persons required by the Town. C. Prior to final payment, an advertisement for Liens and Encumbrances shall be published in a local publication each Friday for four (4) consecutive weeks. Final payment can be made to the Contractor contingent upon submittal to the Town of required As- Builts, and submittal and approval of a Final Request for Payment. D. fhe acceptance by Contractor of final payment under this Agreement, or any final payment due on earlier termination of this Agreement, shall constitute a full and complete release of Owner from any and all claims, demands, and causes ofaction whatsoever which Contractor, its successors and duly approved assignees, have against the Owner. E. The undersigned agrees that, if any portion of said work or material proves defective within Two Years from the final date of acceptance of the entire project by the Town. he shall replace any such defective material and remedy any such defective work to the satisfaction of the Town and shall defend, indemnify and save harmless the Town from all damages, claims, demands, expenses, and charges of every kind which may arise as a result of any such defective material and workmanship during said period. VII. GENERAL TERMS A. Independent Contractor The Contractor is an independent contractor, and nothing herein contained shall constitute or designate the Contractor or any of the Contractor's employees or agents as employees or agents of the Town, The Independent Contractor is not entitled to Worker's Compensation benefits. The Independent Contractor is obligated to pay Federal and State income tax on any monies earned pursuant to the contract relationship. Further, it is agreed that: 1. The Town of Vail does not require the Contractor to work exclusively for it; 2. The Town of Vail, for whom the services are to be performed, does not establish a quality standard for the Contractor; 3. The Town of Vail may supply plans and specifications, but may not oversee the actual work or instruct the Contractor as to how the work will be performed; 4. The Town of Vail can terminate the Contract if the Contractor violates the terms of the Contract or fai is to produce a result that meets the specifications of the Contract; 5. The Town of Vail does not provide training for the Contractor's employees or workers; 6. The Town of Vail does not provide tools or benefits to complete the Contract although materials and equipment may be supplied; 7. The Town of Vail does not dictate the time of performance except that a completion schedule and range of work hours maybe established; 8. Payment for services rendered pursuant to this Contract will be made to the trade or business name of the provider of services rather than to the individual; and 9. The Town of Vail does not in any way combine its business operations with those of the Contractor. 8/2/2011 1 -6 -3 B, Insurance The Contractor shall obtain and maintain in force for the term of this Agreemem the following insurance coverage's. Certificates of insurance evidencing such coverages shall be furnished to the Town at the time of signing this Agreement. Prior to cancellation of, or material change in, any requisite policy, thirty (30) days written notice shall be given to the Town through its risk manager. All automobile liability and general liability policies shall include the Town and the Colorado Department of Transporation as an additional named insured by policy endorsement. 1. Comprehensive General Liability: • Each Occurrence: $ 1,000,000 • Fire Damage: $ 50,000 • Personal and ADV Injury: $ 1,000,(X)0 • General Aggregate: S 1,000,000 • Products — Comp /OP Agg: $ 1,000,000 2. Automobile Liability (including owned, non- owned, and hired): • Combined Single Limit $ 1,000.000 3. Worker's compensation and employer liability in accordance with the Worker's Compensation Act of the State of Colorado for employees doing work in Colorado in accordance with this Agreement. C. No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision herein, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided, nor shall the waiver of any default hereunder he deemed a waiver of any subsequent default hereunder. D. The Contractor agrees to indemnify and save the Town, its agents, and employees harmless from and against all claims, demands, liability, damages, suits, actions, or causes of action of every kind and nature, costs including reasonable attorneys fees, which may be brought or asserted against the 'Town, its agents, or employees arising out of the negligent acts, errors or omissions of the Contractor in the performance of this Agreement. E. The performance of the work may he terminated at any time in whole, or from time to time in part, by the Town for its convenience. Any such termination shall be effected by delivery to the Contractor of a written notice ( "Notice of Termination ") specifying the date upon which termination becomes effective. This Agreement may also be terminated by the Contractor in the event of a material default by the Town, provided the Contractor has first provided the Town with written notice of the default and the Town shall have failed to cure the specified default within seven (7) days of receipt of the notice. If the Agreement is terminated, the Contractor shall be paid on the basis of work status satisfactorily completed under the detailed scope of services. The portion of work completed but not yet accepted by the ' I'own shall he determined by the Town. F. Venue of any suit or cause of action under this Agreement shall lie in Eagle County, Colorado. If it becomes necessary to bring any cause of action to enforce the terms of this Agreement, the prevailing party shall be awarded its legal costs including investigation and attorney fees. 8/2/2011 1 -6 -4 G. Records of the Contractor's standard time charges pertaining to the project shall be kept on a generally recognized accounting basis and shall be available to the Town or its authorized representative at mutually convenient times. It is agreed that any duly authorized representative shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to this specific Agreement for the purpose of making audit examinations, excerpts, and transcripts. It is agreed that any such examination by such representative shall be made at the Colorado office of the Contractor, upon reasonable notice given by the Town. H. All documents, drawings, or plans, shall become the property of the Town and it is agreed that the Contractor shall not retain any proprietary rights of said reports, documents, drawings, or plans. 1. Any points of contact for both parties and any notice provided for in this Agreement shall be deemed given if mailed to the respective parties at the addresses below: Town of Vail 1309 Elkhorn Drive Vail. C) 81657 Attention: Chad Salli, PE Phone: (970) 479 -2169 Fax: (970) 479 -2166 Contractor's name, address, phone and fax Icon Inc. 77 Metcalf Road Suite 304 P.O. Box 2058 Avon, CO 81620 -2058 Attention: Albert Quintana Phone: (970) 748 -8804 Fax: (970) 748 -8803 J. This Agreement is for the expert services of the Contractor and may not be assigned without the prior written consent of all parties hereto. K. It is further agreed that no party to this Agreement will perform contrary to any state, federal, or county law. or any of the ordinances of the Town of Vail, Colorado. L. The Town agrees to tender to the Contractor all fees and money in accordance with this Agreement, except that tailure by the Contractor to satisfactorily perform in accordance with this Agreement shall constitute grounds for the Town to withhold payment of the amount sufficient to properly complete the project in accordance with this Agreement. M. Should any section of this Agreement he found to he invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalidated. N. The Contractor shall not discriminate against any employee or applicant for employment because of race, age, sex, religion, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, age, sex, or national origin. Such action shall include. but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment athertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 8/2/2011 1 -6 -5 O. WARRANTY: If within two years after the date of final payment any work is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions within seven (7) days after Owner's issuance of written instructions, correct the defective work at Contractor's cost. The guarantee period for that aspect of the work which is found defective and subsequently corrected shall recommence upon such correction and be extended for an additional year. if Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective work corrected or the rejected work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by Contractor. Contractor shall also pay for any damage done to other work, other property or persons which occurred as a result of the defective work within the correction period. The undersigned do hereby state that this contract agreement is executed in duplicate as though each were an original, and that there are no oral agreements that have not been reduced in writing this instrument. EXECUTED this day of , 2011. TOWN OF VAIL, COLORADO, a Colorado municipal corporation By: By Stanley Zemler, Town Manager Title: AT'T'EST: By: Lorelei Donaldson, Town Clerk State of Colorado ss: County of Eagle) Subscribed to and affirmed before me by the of , in the county of , state of Colorado, this day of , 201 1 (Seal) Notary Public My commission expires 8/2/2011 1 -6 -6 EXHIBIT A (BID FORM) 8/2/2011 1 -6 -7 SECTION 00300 BID FOR'4 BASE 131» ITEMS : #7 Hole Electric Line Burial c..icneral: Work required in this section shall include all tnaterials and labor to complete the individual hid items. [ he following bid items shall be bid and paid under this agreement as ounineJ. Items of equipment, permits, overhead_ maierials, and all other items of work required for the complete construction as Specified on Drakkings, Technical Specifications and as outlined here shall he included in the hid items, Any items or like item not specifically mentioned a2, a bid hem is considered incidental to the project and all costs associated kcrth these items shall he included in the hid items listed. These descriptions are to he used as a guide only for the binder and reference to the 1'eehnical Specifications and Drawiu s should be made for the complete regetirements. Additions to base hid may or may not he a'tiarde;i. 1. Mobilization: 1 LS 'a1 Gr• t . .. (s cg s Q O ---- (Words) 2. Traffic Control: 1 LS r!; Oy'Q ($ 1 500 `1 /LS S 0 --- (Words) 3. Construction Staking and Surveying; 1 1.,5 tt: nn•l. �l„�it' e S���er•1,+,.•d {e�E s,� 1762—As —_..._ _ 7 $ a — (Words) 1. Clearing and Grubbing: 1,825 SY SD 144•.< ab[tz.rc-, 5.,t.\-/ E;5,t.k- C4,A5 ($ ,~rte }/SY S ‘398 (Words) 5. Strip and Replace Topsoil: 1,825 SY S a; ri bog__ o�4�t5 51t}� ad. (4..k t$ 5.6 3 �'SY S_ -L '7 .� ()Yore's) 6. Eagle Riker Water and Sanitation District (ERWSD) Pump Vault Abandon: cl I'vue V1 4 ►rr .0.," V01).40_1 A d � y I $ r ] N 44) rl $ g 1 W V --- t Words) p4 ! �- 8/2/2011 1 -6 -8 7 . ERWSD Valve Abandon: 1 EA } r� e a IAn l �i r��( i p(�� V 1 1 '� s 0 { Words) ! I 8- ERWSD Concrete 1 Abandon: 1 ESA ri e. 4' i.ks„,..rl r t$ j Zdo" j f:.A w__ _....�OC7 (Words/ 0 . FRWSD Sanitary Seer Manhole Abandon: l EA ri h--w o "i. 5c,,.Ei ?3 ao 5 ;1A s 2-,300 Words) 10. F/RWSD 12" DIP Perforated Pipe Near Creek Remo\al: 1 "a 1.1: c (5 3O 9 ° ).1._F s � j �, SO — (Words, 1 L ERWSD 10" DIP Under Can Path Abandon: 1 LS r d +1 A \n, „ki, � ($ Soo 1'1.S $ [p 0 C7 --. Words) 12. ERWSD Eire Hydrant Abandon: 1 LA pa e. l t.r1 AC Q l$ ( C'co a t:.A $ a C7 (Words.t 13. ERWSD Water Service Abandon for 1.ot 1 Residence: 1 LS t +_ Mt -* N Tkfli.O. ti 1409 1.II1 ,a5 _s s aspQ (Words) 4. ERWSD Water Serxice 1nstait: 220 1.1' esw t Words) H. Silt f=ence: 708 Li~ (S 2 ]."Lf S L2.._� 1Words) 8/2/2011 1 -6 -9 16, Erosion Control l...c>gs: 338 1.1• :r S 001 C...1 5 (s 1:`l.l' s o a, 8 ( Words) 17. Stabilized Construction Entrance: 3 1:A a' "Fl V e IAA t � old 1oc 5 (S 5o0 1'L.A $ / 5 0.4 ...._ - (Words) 18 ] h drnmulch flex cgetatiorl i 1 'glands Seed Mix): `:S(] SY a' E`► �� A a \ \c.-r {S G ...- ) SY tlY_Z2 D (Words) 19. Willov1/4. Clump Save and Replace: 1 LS pc7 J� III 51X rx1.54..n t 6.00 y ODO (Words) 2.0. Erosion Control Blanket and Re\egetation (Wetlands Seed Mix): 392 SY q .b (Words) 21. Sv. itch Gear Vault: 2 EA (Qom � V 1 � •� 4 A ri1 t (� � J +'l' A 5 �►` - '�'�'_ {Words) 22. (4)-8 PE Pipe installation and french: lR.1,F c- 1 Cy dolt..( S ).fir Q liL $ ........ ! zitz, rev (Words) 23. (4) -8" PE pipe, Irrigation Conduit and Pipe Ballast Installation and Trench: 135 IF w;s�A C c-ty c{okevr ($ /5.0 — VLF f Ty ( Words) 24. l iCE Conduits and 'Trenching for install 01 (4)-6 Conduits: 40 LE oP s. + g'>-y f '- (3 6 — ) 1: s 2324 --� (Words 8/2/2011 1 -6 -10 25. EiC'E Conduits and Trenchmg for Install of (2) -5" Conduit: 15 LF . c o/ Ak - ArE S _ f S 5S i s S7a. (Words) 26. Creek Crossing: 1 LS (Attach means and methods narrative w bid tab) 0 r s 17 � -- _ . { Words} ..._.........�_ -- 27. Erosion Control Blanket and Revegeration (Uplands Seed Mix): 383 SY — ,' 0 0 .1L .1.1 . ts. 40 k t of 5 (S 1. 1. s s (1 , '-179 (Words) 1'(n' l< Jet- $alb S li t 72 2s (Words t c oo o v1/4-4- lnw w 1 cil 1,-,....),..0- y 5. eus+ti Luska a. F;�lR.. ..,r.d sit.. (-r 1 dc 5 i ENO 8/2/2011 1 -6 -11 RE11 N0 OE SCRIPTION OF MESS O13ANTTTIE8 seen •el.rn Plprwq Shoup Land Dar Ewing Seh9644d E•ew' BTC UNIT PRICE ITEM COS' 1 .21'45' PRICE 1 TEM CAST UNIT 0 RICE 1 TEM COST uN8T PRICE 1'EM COSI um" PRICE "EM COS' UNIT "RICE ITEM COS' 1 i7l' 5 4ieno n 2 ' i , Control 1 _S _S 8 800 00 5 800 00 35 85400 39 654.00 10 300 CO 1 0 300 00 10 000 00 '9 000 00 25.000 00 25 500 00 35 000 00 35 900 OC 1 504 00 1 500 00 1 552.00 1 5e 2.00 10 000 00 1 01300 00 3 300 00 3 300 03 1 000 00 1 000 00 9 004 00 9 000 00 1 lConstruriion 5998054 910 5u05e4.119 1 -.5 1 75200 1 '8266 2 539 CO 2 53000 2 40000 2 40090 2 250 00 2250 03 2 510 00 2 500 00 2 500 00 2 500 00 a ,:leannp .rd •a ",bang • 925 5Y 3 76 8 896 50 4 90 8 942 50 858 '2.700 00 2 25 4 108 25 0 50 912 5C ' 50 2 73 50 - 5 I St°oertd Repl4CS' 00513' R 1 o45, Rrwwaler 85d Sam51.571 05)1•r_1 1E , au It 4044499 7 / F RW SD 0))058 A6nndcn A ' E R`NSD CorKre<s H./thrall Ab• noon 9 :Et7W SD Se'5 Y Serer Manhole Ahend071 1 0 1 E RW 2 SO 0 60511)141°re* 14eer C•eek Remo. el 11 1 09(0050 '0 '„ Ids' 44)1 9I4 A1)e4006 1 825 1 4 1 1 175 1 SY EA EA 0.4. FA LF 5 5 563 '0 274 75 490 9 442.50 247 4 500 00 300 5 475 00 2 50 458250 '50 2 73750 2 T80 00 2 14000 4 32090 4 32900 4 000 00 4 000 00 520000 5 200 00 5.00000 500009 4 000 00 4017000 280 00 1 1 23 00 371 40 ' 485 90 110005 4 400 CO 250 00 ' 000 00 50 90 200 00 470 00 ' 900 00 1 200 00 1 200 00 1 485 40 1.485 3 500 00 3.500 130 3 500 00 3 500 00 1 000 00 1 700 00 2 000 00 2 000 DD 2 300 00 7 300 00 1 516 50 1 570 50 2 500 00 2 500 00 1 909 00 • 900 00 1 000 00 1 700 00 3.000 00 3 000 D6 3004 525000 •200 210770 1143 2 000 00 3000 5 250 00 '300 ' 750 DO 3700 5 600 00 4 009' 00 6 500 DO 1 469 00 1 49800 4 004 00 4 000 00 7 950 00 7 950 00 2 500 00 2 500 70 2.000 09 2 000 00 '2 I F RW SD Eve rydrent 4590d05 '3 3- (0 5 S # 1 13 ' 4 59 05 90 5 . , 1 1 EA L 5 100 00 100 00 1 498 00 1 48500 2 004 00 2090 00 375 50 37500 20300 200 00 490 00 400 00 2 500 00 2 500 00 1 4 00 8E 1 485 00 7 509 00 5 509 00 1 500 00 ' 500 00 2 500 00 2 500 0C 4110 0 400 00 14 i RY•75p 09•19' . -a lotoF s 220 F LF 40 00 6.800 00 750 2,09000 38.64 8 50000 30 00 S 800 DO 30 00 9 500 60 18 00 5 990 06 '5 58 Fence 709 L F 2 00 1 416 00 7 25 177 00 3 11 2200 00 250 ' 770 00 2.70 1 41 00 1 30 ' 416 00 '6 • 7 E oeror CSrrtroI Logs 54 Corel10101.0" E616e65)e 318 3 LF FA 500 2.028 00 300 ' 014 00 7 40 2 500 00 7 85 2.553 30 5 00 1 990 70 3 70 1 914 00 500 00 1 500 00 569 00 • 704 00 • 000 00 3 000 00 700 00 2 700 00 • '00 DO 3 300 00 ' 400 09 4 200 00 '9 , y #rm'ulch Re"44•tablon •'Jderrls Se•o 7 ."0': '9 ',•ldlnw Clump Sew end Rer4 70 _ r°•pn Cool ror Bl4n k.at end Rer e4ete6o6 1'hel lend, Seed 4441 550 1 392 SY LS SY 800 4 400 00 a 93 2 858 50 8 73 4 800 00 a 60 3 745 00 350 1 925 70 9 00 3 300 00 5 000 00 5 000 00 1 489.00 • 496 00 800 00 900 00 5 800 00 5 970 00 5 000 00 5 000 00 9 DOD OC 9 000 00 ' 2 00 a 7 0400 9 40 3 292 80 8 42 3 300 00 7 05 2 753 60 650 2 548 00 7 00 2 744 00 p 21 `? 22 513.141) 3441 V eua [45_4' PE Pips Tcslellelon and T145ch 2 185 EA LF 500 00 • 000 00 2.9 50 5 943 00 4 000 00 8.000 00 2 475 4 950 00 i 1 25000 2 500 00 5 000 00 12 300 00 40 00 7 400 00 157 92 29 2 20 8000 '4 800 00 59 00 10 73000 60 03 11 100 00 7 00 90 18 500 00 '' 73 24 25 1.45_,4' PE oroe (,Tycho,' Ca'd4A end Roe 9451.:1)50 Irral411410n 40.1 Trerw7r ICE Conduce end '51)11081119 ror 1 Or ;4}5 013541314 "CE COnducs IMO - rsnci'irq 'or Insl)1l d 12 }5' :o durt 135 10 '5 LF I F LF •50 00 23 250 00 23740 32 0 00 20000 2 000 00 225 90 30 37500 509 00 67 500 00 200 30 27 000 00 56 00 2 320 60 41 40 • 372 00 80 00 3 290 00 3500 ' 400 00 30 179 ' 200 00 1 25 00 5 000 00 5.800 870 00 104 26 1 553 90 80 00 1 200 00 3509 525 00 3C 00 450 00 '5 GO 1 175 00 29 7 Cie)). C ro es'r'O E1nson Co'n•0 Rlenk9 8761 R1vage490046 1'JPIe60. 5451)" Mix? 1 v33 LS LS 5 000 00 5 000 00 23 77 5 00 23 775 00 42 090 00 42.000 00 38 000 00 38 007 OC 40 00000 40 070 443 '95 040 00 '65 .300 00 ' 3 00 1 1 479 00 5 40 7 41 7 20 7 93 7 700 00 5 90 5 004 40 ' 5C 5 770 50 ^ 37 5 298 00 57 HOLE ELECTRIC LINE BURIAL VAIL RECREATION OI STRICT 910 ANAL y815 127.572.21 188.310.10 598.100.00 177.517.55 199.093.50 330.532.09 TOWN OF D Memorandum To: Vail Town Council From: Community Development Department Date: August 2, 2011 Subject: 12 -13 -5: Employee Housing Unit Exchange Program — A request authorizing the Town Manager to execute two releases of deed restrictions from existing employee housing units I. 12 -13 -5: EMPLOYEE HOUSING UNIT EXCHANGE PROGRAM, VAIL TOWN CODE On June 21, 2011 the Vail Town Council unanimously approved the passage of Ordinance No. 10, Series of 2011. Vail Town Code identifies the purpose of the amended regulations as follows: Purpose: The purpose of this Section is to provide occupied livable, affordable employee housing units within the Town of Vail through the establishment of an employee housing unit deed restriction exchange program. The exchange program allows the Town Council to release a deed restriction from an existing employee housing unit in exchange for the placement of an employee housing deed restriction on another dwelling unit and/ or a fee -in -lieu payment made to the Town of Vail. II. DESCRIPTION OF REQUEST NO. 1 The owner of Glen Lyon Subdivision, Lot 26 has demonstrated the property complies with the prescribed development standards (density controls including GRFA and number of units, site coverage, landscaping and parking requirements, etc.), as outlined in the applicable zone district section of Title 12, Zoning Regulations, Vail Town Code, upon exchange of the deed restrictions. The owner is requesting the exchange of the employee housing unit deed restriction and will make a fee -in -lieu payment of $240,650 to the Town of Vail. 8/2/2011 1 -7 -1 III. DESCRIPTION OF REQUEST NO. 2 The owner of Vail Valley Filing No. 1, Lot 14, Block 3 has demonstrated the property complies with the prescribed development standards (density controls including GRFA and number of units, site coverage, landscaping and parking requirements, etc.), as outlined in the applicable zone district section of Title 12, Zoning Regulations, Vail Town Code, upon exchange of the deed restrictions. The owner is requesting the release of the employee housing unit deed restriction and will make a fee -in -lieu payment of $240,650 to the Town of Vail. IV. STAFF RECOMMENDATION The Community Development Department recommends the Vail Town Council approve the proposed exchanges of employee housing units located at Glen Lyon Subdivision, Lot 26 and Vail Valley Filing No. 1, Lot 14, Block 3. Staff recommends the following motion be made: "The Vail Town Council authorizes the Town Manager to execute deed restriction releases and approves these requests for an exchange of employee housing units, pursuant to Section 12 -13 -5, Employee Housing Unit Exchange Program, Vail Town Code, to allow for the release of an employee housing unit deed restriction at Glen Lyon Subdivision, Lot 26 located at 1390 Westhaven Drive and the release of an employee housing unit deed restriction at Vail Valley Filing No. 1, Lot 14, Block 3 located at 1538 Spring Hill Lane, in exchange for fee -in -lieu payments to the Town of Vail, and setting forth details in regard thereto." Town of Vail Page 2 8/2/2011 1 -7 -2 TOWWM OF . 1� ! VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 2, 2011 ITEM /TOPIC: Town Manager Report: Revenue Highlights ATTACHMENTS: Revenue Highlights 8/2/2011 TOWN OF VAIL REVENUE HIGHLIGHTS July 28, 2011 Sales Tax Upon receipt of all sales tax returns, June collections are estimated to be $891,791 up 2.1% from last year and 12.5% up compared to budget. Year to date collections of $11.3 million are up 9.8% from prior year. The year to date and full year budgets have been amended by $900,000 to reflect additional collections earlier in the year. Year to date revenue is up 11.5% from the original budget and up 2.6% from the amended budget. Inflation as measured by the consumer price index was up 3.6% in June. Use Tax Use tax collections as of July 26, 2011 total $403,260 compared with $616,163 at this time last year, down 35 %. The annual budget of $500,000 projected a decrease of 55 %. Real Estate Transfer Tax (RETT) RETT collections through July 26 total $2,432,738, down 29% from this time last year. Annual budgeted revenue of $4.7 million is a 32% decrease from 2010 collections. Approximately $1,100,430 or 45% is from major redevelopment projects including Arrabelle, Four Seasons, Landmark, Manor Vail, Mountain View, Ritz Carlton Residences, Solaris, and The Sebastian. Collections not related to major redevelopment projects currently total $1,332,308, down 21.4% from this time last year. Summary Across all funds and revenue accounts through July 31, 2011, total revenue of $38.8 million is up 1.5% from budget and down 4.9% or approximately $2.0 million from this time last year, mainly due to a decrease in RETT collections ($1 million), the sale of the Arosa Drive duplex last year ($900K) and a decrease in Use Tax collections ($212K). We have currently received 68% of total budgeted revenues for the year. -1 8/2/2011 2 -1 -1 MINN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 2, 2011 ITEM /TOPIC: Gore Creek Stream Tract Encroachment Update PRESENTER(S): Rachel Dimond ACTION REQUESTED OF COUNCIL: Instruct Staff on next steps for removal of streamtract encroachments. BACKGROUND: On October 6, 2009, Town Council adopted a "zero tolerance" policy for allowing private encroachments on town -owned stream tract lands constructed without approval and instructed Staff to pursue removal of all encroachments. 43 property owners were sent letters by Staff in April 2011. Of these properties: - 4 completely resolved encroachments - 1 property received Town Council approval to have the Town of Vail remove encroachments - 26 properties have agreed to remove encroachments - 3 properties have impending site visits to discuss resolution - 8 properties have received letters according to certified return receipts but have not contacted the Town to resolve - 1 property refuses to accept the certified letter STAFF RECOMMENDATION: Staff recommends the Vail Town Council direct Staff to proceed with the recommended next steps. ATTACHMENTS: Streamtract Memo 8/2/2011 TOWN OF D Memorandum To: Vail Town Council From: Community Development Department Date: August 2, 2011 Subject: Gore Creek Streamtract Encroachment Update SUMMARY The purpose of this hearing is to get direction from the Vail Town Council on next steps for the removal of private encroachments upon the town -owned streamtracts. In order to protect Gore Creek and its tributaries and provide public access to these natural areas, the Town acquired streamtracts and generally keeps these streamtracts in a natural riparian state. Staff has identified private encroachments on town -owned streamtracts ranging from vegetation removal to construction of patios and other structures. The "privatization" of public land eliminates the ability for the public to utilize this land for recreation and negatively impact the health of the creek. Staff requests the Vail Town Council affirm Staff's next steps, which may include pursuit of prosecution of those found to be illegally encroaching onto Town property and unwilling to comply with the Town's adopted regulations. II. BACKGROUND The Town of Vail has acquired streamtract properties along Gore Creek and its tributaries over time for the following purposes: • To protect the natural riparian areas. • To provide a public recreational amenity. • To provide public access to Gore Creek and its tributaries. • To protect water quality. • To prevent development within the floodplain. • To protect wildlife habitat. The private encroachments onto town -owned streamtracts negatively impact the community in the following ways: • Sensitive riparian areas have become destabilized and damaged. • Public access for recreation is limited as public property appears private. • The "privatization" of the streamtracts has effectively taken property from the public. • Water quality has been reduced due to elimination of riparian plants and habitat. 8/2/2011 3 -1 -1 • Development has occurred within the floodplain, which can have negative impacts on the floodplain and adjacent properties. • Wildlife habitat, food and breeding grounds have been threatened. On October 6, 2009, Town Council adopted a "zero tolerance" policy for allowing illegal private encroachments on town -owned stream tract lands and instructed Staff to pursue removal of all encroachments. Since 2009, the Town has taken the following actions to remove private encroachments from the public streamtracts: • Conducted a visual assessment of properties adjacent to town -owned stream tracts along Gore Creek from Cascade Village east to Vail Village Filing 11 (just east of the golf course) • Surveyed the town -owned streamtracts property boundaries. • Identified private encroachments onto town -owned property • Contacted adjacent property owners encroaching onto streamtracts via telephone, email, regular mail and certified letters to identify issues • Working with adjacent property owners to mitigate encroachments and restore the streamtract to a natural state The following details the status of the 2011 efforts to remove encroachments: • 43 property owners were sent certified letters in April 2011 o 4 property owners have mitigated their encroachments. o 1 property owner received Town Council approval to have the Town of Vail remove their encroachments. o 26 property owners have agreed to remove their encroachments. Staff will confirm late Summer 2011 this work has been completed. o 3 property owners have impending site visits to discuss resolution. o 8 property owners have received letters according to certified return receipts but have not contacted the Town to resolve their encroachments. o 1 property refuses to accept the certified letter sent by Staff. • Staff is continuing to evaluate additional suspected encroachments as further site visits are conducted and aerial photos are analyzed. III. STAFF RECOMMENDATION Staff recommends the Vail Town Council provide input on the following next steps: • Staff will send an additional certified letter to each property owner that has not responded in order to provide another opportunity for owners to remove illegal encroachments. Property owners will have three business days to respond. • Should property owners continue to not respond to the Town's request, Staff may pursue prosecution of those found to be illegally encroaching onto Town property and unwilling to comply with the Town's adopted regulations. • Staff will continue to work with cooperative property owners to remove illegal encroachments and conduct annual inspections of streamtracts to ensure compliance. Town of Vail Page 2 8/2/2011 3 -1 -2 } MINN J OF V, llL VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 2, 2011 ITEM /TOPIC: Comcast representative will provide update on new product and services. PRESENTER(S): Mike Trueblood & Ron Braden 8/2/2011 TOWWM OF . 1� ! VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 2, 2011 ITEM /TOPIC: Dinner Break 8/2/2011 TOWWM OF . 1� ! VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 2, 2011 ITEM /TOPIC: Citizen Participation PRESENTER(S): Public 8/2/2011 } T O M OF V, llL VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 2, 2011 ITEM /TOPIC: Review porposed draft of Resolution No. 12, Series 2011, A RESOLUTION SUBMITTING A BALLOT QUESTION TO THE REGISTERED ELECTORS OF THE TOWN OF VAIL AT THE NOVEMBER 8, 2011 REGULAR TOWN ELECTION REGARDING THE USE OF CERTAIN LODGING TAX AND SALES TAX REVENUES, AND SETTING FORTH DETAILS IN REGARD THERETO. PRESENTER(S): Stan Zemler Matt Mire ACTION REQUESTED OF COUNCIL: Review proposed language presented in the attached draft resolution which will be presented for your adoption on August 16th. BACKGROUND: On July 19th, Council was presented with the results of a poll of registered voters conducted by Public Opinion Strategies to determine voters reaction to proposed ballot language for use of funds originallly collected for a conference center. A resolution adopted by the Council is required to place a question on the November 8, 2011 ballot. The attached draft sets forth the reasons for submitting a ballot question and would set ballot language identical to that which was tested in the poll. A draft resolution is presented here for discussion so that any changes and /or additions requested by Council may be incorporated prior to proposed adoption of the rsolution on August 16. STAFF RECOMMENDATION: Staff requests direction from Council to return on August 16, 2011 with a Resolution No. 12 as currently drafted or with changes as determined this evening. ATTACHMENTS: Draft Resolution No. 12 8/2/2011 RESOLUTION NO. 12 Series of 2011 A RESOLUTION SUBMITTING A BALLOT QUESTION TO THE REGISTERED ELECTORS OF THE TOWN OF VAIL AT THE NOVEMBER 8, 2011 REGULAR TOWN ELECTION REGARDING THE USE OF CERTAIN LODGING TAX AND SALES TAX REVENUES, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town "), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter; WHEREAS, in November 2002, the registered electors of the Town approved a ballot issue (numbered Question 2B) approving the issuance of debt and the imposition of a lodging tax and sales tax to fund the construction of a conference center; WHEREAS, commencing on January 1, 2003, the Town collected the lodging tax and sales tax and retained such revenues in its general fund (the "Revenues "); WHEREAS, in November 2005, the Town submitted a ballot issue to the registered electors of the Town seeking approval of debt and an associated increase in the lodging tax, with such revenue to be used for a conference center; WHEREAS, the 2005 ballot issue provided that if the 2005 ballot issue failed, "the authority to issue debt pursuant to 2002 Question 2B shall terminate immediately and the authority to levy taxes pursuant to 2002 Question 2B shall terminate effective January 1, 2006, and the Town Council shall either refund any remaining revenues from such taxes pursuant to such refund methodology as the Town Council determines or submit a question to the voters on how such revenues shall be used. "; WHEREAS, the 2005 ballot issue failed; WHEREAS, pursuant to the 2005 ballot issue, the Town ceased collecting the lodging tax and sales tax on December 31, 2005; WHEREAS, pursuant to the 2005 ballot issue, since 2005, the Town has been diligently studying proposed uses for the Revenues, including the consideration of a number of different projects in the Town; and WHEREAS, the Town Council has determined that it should submit a question to the registered electors of the Town at the Town's November 8, 2011 regular election, seeking direction as to how the Revenues should be used. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Resolution No. 12, Series of 2011 8/2/2011 7 -1 -1 Section 1. The Town Council hereby adopts the foregoing recitals as findings and conclusions that form the basis of the approval and adoption of this Resolution. Section 2. The Town Council hereby submits the following ballot question to the registered electors of the Town at the November 8, 2011 regular Town election: Ballot Question No. 1 Without increasing taxes, shall the Town of Vail use the remainder of the one and one -half percent lodging tax revenues and one -half percent sales tax revenues collected from January 1, 2003 through December 31, 2005 to fund the following projects that will promote recreation, promote tourism and support the economy in the Town of Vail: Renovation of the clubhouse at the Vail Golf Course and Nordic Center, including a new pavilion;• Field expansion and restroom renovation at the Ford Park Sports Complex;•and Ford Amphitheater improvements, including outdoor seating and restroom improvements? Yes No Section 3. The Town Council finds and determines that the ballot question submitted to the registered electors of the Town by this Resolution is advisory only and is not subject to Article X, § 20 of the Colorado Constitution (commonly known as "TABOR "). RESOLVED, PASSED AND ADOPTED THIS DAY OF , 2011. Dick Cleveland, Mayor Lorelei Donaldson, Town Clerk Resolution No. 12, Series of 2011 8/2/2011 7 -1 -2 TUN OF IM +` VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 2, 2011 ITEM /TOPIC: East Lionshead Mall Plaza and Concert Hall Plaza Concepts PRESENTER(S): Tom Kassmel ACTION REQUESTED OF COUNCIL: Review the concepts presented, provide comment, and provide direction to staff to proceed thru the Town's entitlement process with one alternative for each project site. BACKGROUND: On May 17th, 2011 Council awarded the design contract for the Lionshead Transit Center Phase III - Lionshead East Mall Plaza and Concert Hall Plaza Streetscape Projects to the Mary Hart Design Team. The Lionshead East Mall Plaza and Concert Hall Plaza Streetscape Projects are the third phase of the Lionshead Transit Center redevelopment and are funded by the Vail Reinvestment Authority(VRA) thru Tax Increment Financing(TIF) dollars. The two projects complete the link between the Lionshead Transit Center, the redeveloped Lionshead Mall commercial core and the hotels and lodges of west Lionshead.Staff and the Design Team will present options for both the East Lionshead Mall Plaza and Concert Hall Plaza. STAFF RECOMMENDATION: Review the concepts presented, provide comment, and provide direction to staff to proceed thru the Town's entitlement process with one alternative for each project site. ATTACHMENTS: Memo East Lionshead Concert Hall Plaza power point 8/2/2011 MEMORANDUM To: Town Council From: Public Works Date: August 2n 2011 RE: Lionshead Transit Center Phase III - Lionshead East Mall Plaza and Concert Hall Plaza Streetscape Projects. Background On May 17 2011 Council awarded the design contract for the Lionshead Transit Center Phase III - Lionshead East Mall Plaza and Concert Hall Plaza Streetscape Projects to the Mary Hart Design Team. The Lionshead East Mall Plaza and Concert Hall Plaza Streetscape Projects are the third phase of the Lionshead Transit Center redevelopment and are funded by the Vail Reinvestment Authority(VRA) thru Tax Increment Financing(TIF) dollars. The two projects complete the link between the Lionshead Transit Center, the redeveloped Lionshead Mall commercial core and the hotels and lodges of west Lionshead. During Phase I and II of the Lionshead Transit Center project, 2009 thru 2010, several concepts for both the Lionshead East Mall Plaza and Concert Hall Plaza were considered and reviewed. The initial budgets on each were $3.4 -$4.0 million, and $1.0 -$1.15 million respectively. After further input from Council and the design team, the concepts and estimates were refined to $3.16 -$3.62 million, and $0.65- $0.75 million respectively, and by the summer of 2010 further refined to $2.65 -$3.05 million, and $0.75 respectively. In the fall of 2010 Council appropriated $2.075 million and $0.75 million to each project from the VRA (TIF) budget. Key comments provided by Council on these two areas during the review process were; East Mall Plaza modifications: • Act as a gateway not as a large open plaza; • Provide more significant landscape /softscape improvements and less hardscape; • Have a character which feels more like the Slifer Square entry to the Village • Are not primarily envisioned to support special events. Concert Hall Plaza modifications: • Retain all existing uses and include some minimal, functional improvements. 8/2/2011 8 -1 -1 Design Process Since the award of the design contract of the Phase III project, staff and the design team have reviewed the initial conceptual plans, acquired more detailed design data, and received considerable input in order to develop a preferred design. In addition to additional design data, such as survey, utility and soils information, the team solicited comments on three modified concepts from the public, the Town departments and local interest groups. The goals of the project were identified as; East Lionshead Mall Plaza • Create an unambiguous pedestrian link and safer crossing between LH Parking Structure and LH Village • Support functional needs including transit stop and bus turning, emergency and ADA access, maintaining private access to south • Provide a sense of gateway and arrival experience into Lionshead, unify design concepts and materials to create a cohesive and memorable resort environment • Create a vibrant destination for attracting resort guests and supporting business Concert Hall Plaza • Replace deteriorating, unattractive site features in keeping with a world class resort • Maintain functional support (short term parking /loading) to adjacent buildings and community transit • Create a connected and safe path of travel for pedestrians and unambiguous waiting area for transit users Design Alternatives Based on these goals and the additional design input, preferred concepts were developed along with a budget concept and an additional Snowmelt Alternative with cost as shown below. East Lionshead Mall Plaza Concert Hall Plaza Preferred Concept $ 2,350,000 $702,000 Budget Alternate Concept $ 2,075,000 na Snowmelt Add Alternate $ 435,000 $ 85,000 The Preferred concept meets each of the goals, as stated above, for each project site. Each are below the original (2010) design estimates, however the East Lionshead Mall Plaza preferred option is above the allocated TIF budget. The Budget concept meets the allocated TIF budget but reduces scope to certain areas of the preferred East Lionshead Mall Plaza plan. Specifically this concept eliminates snowmelt in the bus drop off area and returns it to an asphalt surface, eliminates the 2 eastern crosswalks, limits 8/2/2011 8 -1 -2 the bus shelter to a simpler structure, and eliminates a new asphalt overlay on East Lionshead Circle within the project limits. The Snowmelt Add Alternative budget numbers provide estimates on how much it would cost to heat the road along East Lionshead Circle within the project area in order to provide a more pedestrian scale to the road; and the cost to heat the bus and vehicular lanes at Concert Hall Plaza. Currently these specific areas have not been included as snowmelt areas in the Preferred or Budget concepts, however all pedestrian areas that are shaded in color on the plans are included as snowmelted in these plans. The loading and delivery functions of Concert Hall Plaza have been maintained, however as shown in the preferred option this function has been removed from the East Lionshead Mall Plaza, as it conflicts with the goals of the space. The design team looked at numerous locations that could accommodate this function however each location within the plaza area conflicts with the guests and operations of the plaza area. There is an option to allow for this function to occur just east of the plaza in a shared signed area with the shuttle bus drop off zone. Operations & Maintenance The anticipated operations and maintenance costs for the new plazas based on the Preferred concepts is $60 - $70 thousand per year with majority of the increased costs coming from the new snowmelted streetscape. It is estimated that of increased cost about -10k to -15k will be offset by indirect savings in shoveling, plowing, snow hauling, and fuel costs. East Lionshead Mall Plaza $55,000 Concert Hall Plaza $11,000 Next Steps Once directed by Council, staff and the design team will proceed thru the Town's PEC and DRB processes to gain entitlements for the project. These two processes will provide final determination on necessary Master Plan amendments, View Corridor impacts, and final specifics on aesthetic details for the plaza. The design team and the planning department have discussed proposed master plan amendments and met with the directly impacted owners regarding these amendments. These amendments will be brought thru the PEC process over the next few months. In addition to these amendments, impacts to the view corridor of Vail Mountain from the Lionshead Parking structure will be addressed. As currently designed the new bus shelter has a small portion of the roof line within the bottom right hand corner of an established view corridor. Thru the PEC and DRB process this issue will be resolved. At this time the design team is looking for Council, as acting owner, approval to move an alternative forward thru the Town's processes. The project schedule is anticipated as follows: 8/2/2011 8 -1 -3 August- October PEC & DRB / Design Development Drawings November - January Final Design and Construction drawings and Specifications Feb -March Construction Bid Process & Award of Contract April — June Spring Construction Sept- November Fall Construction Council Action Review the concepts presented, provide comment, and provide direction to staff to proceed thru the Town's entitlement process with one alternative for each project site. 8/2/2011 8 -1 -4 6.32 - N 1067313.46' W - ..I.v 2114O Lionshead Village East Mall Plaza Concert Hall Plaza Streetscape Design I II 111Wk/ri Project History: Phases 1 and 2 design of Transit and Welcome Center completed ri I -�� nom■ MEM Midi* ':11111111/ a III ■ 1 i I j1111 F1 1111 1111 South Elevation T T (17/7/2 Project History: Phase 3 concepts for East Mall Plaza studied extensively by staff and 4240 in 2010 4240 estimated this concept at $3.16 million � (�y� .h $3,gIlfiE �.. ■r al , *At_ ./1;;It:ig:31621ftaill:AM;45411:71,1 Hitii iii.uF2PiT=R Pbo,l L+` �b a p. !{+� ° :E TT11779 Project History: 4240 estimated this concept at $2.65 million (n.i.c. water feature Council budgeted $2.075 million all -in for EMP r rm7Q Project History: Preliminary plan developed for Concert Hall Plaza 4240 preliminary estimate at X750,000 Council budgeted $750,000 all-in budget for CHP (17/7/52 Total budget: Total all inclusive budget 2.825 million East Mall Plaza Design, management, testing, materials, owner construction costs, and owner contingency 500k Construction costs 1.575 million Concert Hall Plaza Design, management, testing, materials, owner construction costs, and owner contingency 241 k Construction costs 509 k IIIIIN07R`_i Process: 1. Define Program Elements and understand TOV Goals. East Mall Plaza Create an unambiguous pedestrian link and safer crossing between LH Parking Structure and LH Village Support functional needs including transit stop and bus turning, emergency and ADA access, maintaining private access to south, address loading and delivery Provide a sense of gateway and arrival experience into Lionshead, unify design concepts and materials to create a cohesive and memorable resort environment Create a vibrant destination for attracting resort guests and supporting business 1•nYilklki CONSIDER SNOWMELTED PAVERS FROM EAST LH CIRCLE FROM NEW ISLAND TO EAST CROSSING TO SUPPORT PEDESTRIAN ENVIRONMENT ammig MINIMIZE VEHICULAR AND PEDESTRIAN CONFLICTS SHORTEN CROSSING DISTANCE j ,1 NSHEAD WELCOME CENTER E TROOM FORMATION, RETAIL, WAITING i TRANSIT SHELTER BUS TURNING MOVEMENT PROVIDE FOR PRIVATE ACCESS FUNCTION admit TO LH VILLAGE AND SKI YARD LIONSHEAD PARKING STRUCTURE EAST MALL PLAZA FUNCTIONAL GOALS T T (17 /7 /R Process: 1. Define Program Elements and understand TOV Goals. Concert Hall Plaza Replace deteriorating, unattractive site features in keeping with a world class resort Maintain functional support (short term parking /loading) to adjacent buildings and community transit Create a connected and safe path of travel for pedestrians and unambiguous waiting area for transit users 1•nYilklki Process: 2. Created and reviewed three options Adaptations of concepts from original 4240 scheme Variations in pedestrian flow, design character, size of spaces, amount of green space IIIIIN07R`_i Option 1 - Adjustments to 4240 scheme ii4N444.0 *op, Lg 44 _ na0 ma titir • • UONSHM EAST MALL PLAZA OPTION 1 June 1 2011 Seale: 1"..10' '71(1111 TTl17 /7 /Q Option 2 - Design character more geometric, more pavements, more formal walls "011.-• 1 •gwyrroF = or= • [ 1 LICNSHEAD EAST MALL PLAZA OPTION 2 June 3, 2011 Scale 1"..1 .0.1.-1 701 i141... • T T (17/7/R Option 3 -Design character more natural, informal walls, more green space UONSHEAD EAST MALL PLAZA OPrnON 3 June 3. 2011 Seale, rmil 0' T T (17/7/R Process: Reviewed layout options for Concert Hall Plaza too f., CONCERT HALL CONDOMINUMS MONTAN CONDOMINIUMS CONCERT HALL PLAZA OPTION 1 June 3, 2011 Scale: 1 " =10' ALPINC 11711110f RE T T (17 /7 /R Process: • Reviewed layout options for Concert Hall Plaza too - 11 MART HART D CONCERT HALL CONDOMNUM MONTANEROS CONDOMINIUM CONCEPT HALL PLAZA OPTION 2 June 3, 2011 Scale: 110' T T (17 /7 /R Process: 3. Gather data, input and feedback from community Met with TOV staff departments including Planning, Engineering, Transit, Streets, Special Events, and Fire for technical review Attended AIPP, DRB, PEC next Met individually with project neighbors, property owners, tenants, and contacted out of town ownership Held a public open house for input from the general community IIIIIN07R`_i Process: Refined options to create a preferred alternative Developed pricing estimates to verify budget Re- reviewed by neighbors, TOV staff, community, and boards 1•nYilklki Preferred Concept East Mall Plaza VAIL 21 1 � } t fa yr i/ ART ART WAAL ;�• j ti • iJ '. TREES ' REMAIN 1 -i!I. F ELEVATOR LANDING REMOVABLE PEDESTRIAN BARRIER INFORMATION CENTER AND INSIDE WAITING AREA LIONSHEAD WELCOME CENTER m � cnwwcT cF eme' July 17, 2011 I RESTROOMS TREETOPS FUTURE BUS USE 1 ®_ IFNEEDEO PAVING ELEMENT PUTS NNUALS LAWN — GATEWAY ARCH. BUS SHELTER. HOLIDAY TREE STONE WALKWAY tm LOADING S DELIVERY PREFERRED OPTION DRAFT 3 LIONSHEAD EAST MALL PLAZA Scale: 1"=10' T T117/7/2 East Mall Plaza Bus Shelter Concept 1 Regional Technologies: 1st Impressions: Phase 111: East Mall Bus Shelter nr i,n 4240 T T117/7/2 Owner Items for Review & Feedback: Loading and Delivery Location Special Events View Corridor Lionshead Master Plan III IIIIY A Loading & Delivery Options • PAVING ELEMENT POTS BUS SHELTER, -GATEWAY ARCH. HOLIDAY TREE TUAE BUS USE IF NEEDED NUALS ART WALE 3 y � " TREES REMAIN l "c ELEVATOR INFORMATION CENTER AND / INSIDE WAITING AREA J LIONSHEAD WELCOME CENTER RESTRODMS LOCKERS REMOVABLE PEDESTRIAN RARSRER STONE WALKWAY ��oA9k3E f� PREFERRED OPTION DRAFT 3 LIONSHEAD EAST MALL PLAZA July 17 2011 Scale: 1"=10' TREETOPS ALPINE EN,I,EE,INC. INC: 3 • Tent Event Layout FUTURE UM USE IF NEEDED fP.NNUALS ART WA ' / TG PKG STRUCTURE ua i RENU1iN E I , . ' ' i " TREES - ," -Y "�! REMOVABLE PEOEBTRIAN ��� BARRIER ELEVATOR tlNFORMATION CENTER AND / LANDING INSIDE WAITING AREA I RESrRDUAAS LIONSHEAD WELCOME CENTER TREETOPS MARY HART DESIGN Affl LDCKERS LOADING N DELIVERY ZONE PREFERRED OPTION DRAFT 3 LIONSHEAD EAST MALL PLAZA July 17, 2011 Scale: 1"=10' TOWN OF VAIL✓ T T (17/7/R Street Concert Event Layout June17, 2011 MARY H ART DESIGN DRAFT Z . CIRAPIIC SCALE PREFERRED DPTdr1RST DRAFT LI©NSHEAYEAST IVIALL PLAZA ENGINEERING ING, SCaIE: 1 ' =10' T T (17/7/R View Corridor Gi View Corridor #1 APPPDXIIUTATE ILLUSTRATIM.1 VIEW CORRIDOR ONE LI� EAD EAST MALL PLAZA July 17, 2011 ALPINE rJiAkr, hAkI i"".." ENGINEERING INC. ■ Scale: 1 " =10' T T (17/7/R Lionshead Master Plan Amendment LIUNSF{EAD PEDESTRIAN/ RETAIL CORE IIf IwuHiiM LIiTAOUSE. LtMlf5 rn tn s g jiiI N111d111M4 oNo ��illld 46 dUlllll�X� I- - �' 11 IIPIHOUSH LODGE. Ip1114� �� u n � l � N , Y� ,, li 1 LLIll ,1N,SV 1 l — y J 7.fllIl� LUONSHE.M C:F.NTE,R • MAP S MASTER PLAN FRAMEWORK BUILD TO LINES r Revised Aiwa 2011 L IONSHEAri. REDEVELOPMENT �ocsacrwoxxewoJ T T (17 /7 /R Preferred Concept Concert Hall Plaza a FUTURE STRATA DEVELOPMENT OVERFLO BUS STOP (5 WIDTH TF1 / REMAIN!' ", '1 1, 1 1 1 . -3 MONTANEROS CONDOMINIUNS 5. CONCERT HALL CONDOMINIUMS NEW 5 RISER 16' TREAD STAIRWAY WITH LANDING 1,IAR 117 PREFERRED OPTION FIRST DRAFT CONCERT HALL PLAZA -411 July 17 2011 JINN OF MI 9 u Scale: 1"=10' T T (17 /7 /R Budget Summary: East Mall Plaza - $2.07M Concert Hall Plaza - $750k $2.35m for preferred option $2.07m for alternative option 435k additional for option to snowmelt East Lionshead Circle O&M = +/- $55k per year $702k for preferred option $85k additional for option to snowmelt bus loop O &M = +/-$11k per year III IIIIY A East Mall Plaza Concept Alternative PANNG ELEMENT — GATEWAY ARCH . VAIL 21 } ,, WALL t j ',TREES S f-y F REMA4N 4 NO MILLING /OVERLAY f r OF EAST LIONSHEAD CIRCLE -64k ASPHALT BUS LOOP O SNOWMELT- 12Sk HOLIDAY TREE STONE f - WALKWAY j ry_, J(4( .!! LIONSHEAD WELCOME CENTER min REETOPS MARY HART sDESIGN ENGINFFHLL, ALPINE _ (STING CROSSWALK REMAINS IN CURRENT LOCATION -33k 3 maweff OPTIONAL SCHEME TO MEET PROJECT BUDGET LIONSHEAD EAST MALL PLAZA July 17, 2011 Scale: 1"=10' TOWNOFVAIL T T117/7/2 Bus Loop Heating Pros & Cons: East Mall Plaza Pros 1. Savings in snow removal costs to plow, load and haul snow offset operations and maintenance of snowmelting system. 2. Snowmelting creates a safer situation for guests getting on and off the buses. The curved layout dictated by the site conditions does not allow the bus to completely pull up to the snowmelted pedestrian surface. 3. Snowmelting reduces the number of critical snow removal areas that have to be cleared early in the day. 4. Snowmelting resolves an on -going drainage issue with Treetop's driveway caused by frozen inlets. Cons 1. Increased the capital cost of construction $73,000. Concert Hall Plaza Pros 1. Savings in snow removal costs to plow, load and haul snow offset operations and maintenance of snowmelting system. 2. Snowmelting creates a safer situation for guests getting on and off the buses. The curved layout dictated by the site conditions does not allow the bus to completely pull up to the snowmelted pedestrian surface. 3. Snowmelting reduces the number of critical snow removal areas that have to be cleared early in the dayand reduces the amount of snow storage required in an area with limited capacity. Cons 1. Increased the capital cost of construction $85,000. III IIIIY/N A Town Council Feedback East Mall Plaza Concept - Does Preferred Option meet goals? Design character? Are functional and programmatic issues addressed? Items for discussion: Loading and delivery Special Events View Corridor Lionhead Master Plan Amendment Does Town Council support proceeding to next steps in design? Concert Hall Plaza Concept - Does Preferred Option meet goals? Design character? Functional issues and programmatic issues addressed? Does Town Council support proceeding to next steps in design? How would Town Council like to handle budget parameters? Would Council like to include snowmelt extras noted? III IIIIY A Next steps: We are asking for Owner approval for project design. Get Town Council input on budget parameters. Move through Town planning and approvals process (View Corridor /PEC /DRB) Move into Design Development drawings III IIII! A v ARY HART DESIGN Land planning landscape architecture ALPINE ENGINEERING INC. BEAUDJN GANZE consultin• en • ineers, inc. T T (17 /7 /R } MINN OF Ni VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 2, 2011 ITEM /TOPIC: Emergency Ordinance No. 17, Series of 2011, an ordinance to approve the general planning document for the 2011 USA Pro Cycling Challenge, to allow for temporary amendments to the Town's fire lanes, no parking areas, pedestrian zones and outdoor display and sign regulations to facilitate the 2011 USA Pro Cycling Challenge, and setting forth details in regard thereto. PRESENTER(S): Rachel Dimond ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Emergency Ordinance No. 17, Series of 2011. BACKGROUND: The USA Pro Cycling Challenge is expected to be the largest spectator event in Colorado history and one of the largest sporting events to ever take place in the United States. For seven consecutive days, 128 of the world's top athletes will race across nearly 600 miles through the majestic Rockies, reaching higher altitudes than they've ever had to endure, more than two miles in elevation. It's the best of the best in professional cycling, competing on a challenging course through some of America's most beautiful scenery, including cities such as Aspen, Vail, Breckenridge and Steamboat Springs. As the interest in professional cycling continues to grow as a global sport, (which is evident by the addition of two new UCI- sanctioned races this year alone in Beijing and Quebec), it is fitting that the USA Pro Cycling Challenge comes along just in time to put a stake in the ground for the United States. The USA Pro Cycling Challenge is expected to be one of the biggest and best races worldwide... America's answer to the Tour de France. The inaugural USA Pro Cycling Challenge will take place August 22 -28, 2011. With more than one million spectators and viewers expected for the event, as well as national television exposure on NBC and the cable network VERSUS, the USA Pro Cycling Challenge will be the race to celebrate in America. Spectators of this race will see Olympians, World Champions and Tour de France competitors. Fans worldwide will have access to the competition and riders like never before with the most advanced, interactive online, smartphone and broadcast television experience presented to date in professional cycling. The 2011 USA Pro Cycling Challenge will hold a time trial in Vail on August 25, 2011. The proposed suspension of regulations would help facilitate this world class event, and would be effective from Wednesday, August 24, 2011 through Thursday, August 25, 2011. The regulations will be effective for the racecourse area, which runs through Vail Village and follows the Frontage Road and Bighorn Road to the cul -de -sac on the Vail Pass recreation path. STAFF RECOMMENDATION: Staff recommends the Vail Town Council approve Emergency Ordinance No. 17, Series of 2011. 8/2/2011 ATTACHMENTS: Ordinance No. 17, Series of 2011 Ordinance No. 17, Series of 2011 Exhibit A Ordinance No. 17, Series of 2011 Exhibit B Ordinance No. 17, Series of 2011 Exhibit C Ordinance No. 17, Series of 2011 Exhibit D Ordinance No. 17, Series of 2011 Exhibit E 8/2/2011 ORDINANCE NO. 17 SERIES OF 2011 AN EMERGENCY ORDINANCE TO APPROVE THE GENERAL PLANNING DOCUMENT FOR THE 2011 USA PRO CYCLING CHALLENGE, TO ALLOW FOR TEMPORARY SUSPENSION OF CERTAIN FIRE LANES, NO PARKING AREAS, PEDESTRIAN ZONES AND OUTDOOR DISPLAY AND SIGN REGULATIONS TO FACILITATE THE 2011 USA PRO CYCLING CHALLENGE, 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"); WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; and WHEREAS, the inaugural USA Pro Cycling Challenge will take place August 22 -28, 2011 throughout Colorado; and WHEREAS, the USA Pro Cycling Challenge will hold a time trial in Vail on August 25, 2011, with the racecourse running from Village Center Chute through Vail Village, along the Frontage Road to Bighorn Road to the cul -de -sac on the Vail Pass recreation path; and WHEREAS, the Town of Vail supports temporary suspension of the Town's regulations to facilitate the USA Pro Cycling Challenge, as it provides a major benefit to the community; 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, the Vail Town Council finds that this ordinance is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; WHEREAS, the Vail Town Council finds that this ordinance further the general and specific purposes of Title 11, Sign Regulations, and Title 12, Zoning Regulations, Vail Town Code; WHEREAS, the Vail Town Council finds that this ordinance promotes the health, safety, morals, and general welfare of the Town and promotse 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; WHEREAS, the Town Council finds that the passage of this ordinance preserves the public property, health, welfare, peace or safety of the Town of Vail, and WHEREAS, in order to properly administer the 2011 USA Pro Cycling Challenge in the Town of Vail, the Town Council finds that it should take this action and adopt the proposed suspensions and procedures as set forth herein. Ordinance No. 17, Series of 2011, second reading 1 8/2/2011 9 -1 -1 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Vail Town Council endorses the 2011 USA Pro Cycling Challenge planning document (see Exhibit A). Section 2. It is understood that in order to facilitate the 2011 USA Pro Cycling Challenge in Vail, certain temporary improvements and structures may be constructed, as sanctioned by the Vail Valley Foundation, on August 24 and August 25, 2011 only, and these improvements may include, but may not be limited to, the following: A. Flags and banners B. Temporary structures C. Entertainment and hospitality D. Race start E. Race exposition F. Media centers, including television and radio transmission equipment G. Temporary signage associated with the race and race sponsors only These improvements shall be reviewed administratively by the Department of Community Development in conjunction with the Special Events Permit. Section 3. The Fire Marshal of the Town of Vail may temporarily suspend fire lanes as part of the USA Pro Cycling Challenge from August 24, 2011 through August 25, 2011, as further detailed in Exhibit B. Section 4. The Vail Village pedestrian zones on Meadow Drive from Village Center Road to Willow Bridge Road, Willow Bridge Road from Meadow Drive to Gore Creek Drive, and Gore Creek Drive from Willow Bridge Road to Vail Valley Road shall be temporarily suspended from August 24, 2011 through August 25, 2011, as further detailed in Exhibit C. Section 5. Parking will be permitted on the North and South Frontage Roads, west of Elkhorn Drive only, on August 25, 2011, as further detailed in Exhibit D. Section 6. Outdoor display of goods shall not be permitted within the Town of Vail right -of -way and other Town of Vail property. Section 7. No additional signage is permitted for any business within the Town of Vail, except signage permitted and approved by Title 11, Sign Regulations, Vail Town Code. Section 8. Loading and delivery in Vail Village is not permitted on Village Center Road, Meadow Drive from Vail Valley Drive to Willow Bridge Road, Willow Bridge Road from Meadow Drive to Gore Creek Drive, and Gore Creek Drive from Willow Bridge Road to Vail Valley Drive on August 24, 2011 through August 25, 2011, as further detailed in Exhibit E. Section 9. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Ordinance No. 17, Series of 2011, second reading 2 8/2/2011 9 -1 -2 Section 10. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 11. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 12. 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 2n day of August, 2011. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 17, Series of 2011, second reading 3 8/2/2011 9 -1 -3 TOWN OF VAIL 75 South Frontage Road Vail, Colorado 81657 OFFICIAL Town of Vail Public Information Notification. PRSRT STD U.S. Postage PAID Vail, CO Permit # 14 Race -Day Guide for Businesses & Neighborhoods • Course Route • Temporary Road Closures • Parking & Transit • Related Events • Contact Info A 1�1 CN VON USA Pro Cycling Challenge Stage 3 Vail Pass Time Trial - Thursday, August 25 TOWN OF VAIL tni= is Maps courtesy of WhatToDo.info. For the Town of Vail Public Information Notification. All rights reserved. © Copyright 2011. WHATTODO.info -I. VA / L VALLEY VAIL VILLAGE At i - VA GOLF CLUB VAIL NORDIC CENTER Both lanes of traffic open between Sunburst Drive and Mill Creek Circle VALLEY DRIVE ral- NREEzem:D FRONTAGE ROA GERALD R. FORD PARK Golden Peak unsignial Buildings / ten 5 ,f; S YEAP. Vail Pass Time Trial. Thursday, Aug. 25 IN Race Sr C o Road Closure During Race dP Spectator 1st Aid - Time Trail Route - Gore Creek Local Traffic Only (Counter Clockwise) Amended East Vail Bus Route Ulla Existing Bus Stop Lira Temporary Bus Stop - Residential Neighborhoods Closed During Race (Emergency Exit Only) rriFill".1111111111 .44-:• t. • - • s' ail-MI • II Ma' .....•••= • NOM 1 '7 1 0 40 80 Feet 1 1 1 1 1 1 1 TOWN WO e Ordinance No. 17, Series of 2011 - Exhibit B USA Pro Cycling Challenge Temporarily Suspended Fire Lanes in Vail Village USA Pro Cycling Challenge Time Trial Route Temporarily Suspended Fire Lanes carmagme 125 250 I ffk2/2011 500 9 3 1 This map was created by the Town of Vail GIS Team. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein. (where shown, parcel line work is approximate) Last Modified: July 27, 2011 TOWN OF VNIL/ Ordinance No. 17, Series of 2011 - Exhibit C USA Pro Cycling Challenge Temporarily Suspended Pedestrian Zones in Vail Village • USA Pro Cycling Challenge Time Trial Route Pedestrian Zones Temporarily Suspended Pedestrian Zones p orratnagme e 125 250 I ffk2/2011 500 9 d 1 This map was created by the Town of Vail GIS Team. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein. (where shown, parcel line work is approximate) Last Modified: July 27, 2011 TOWN OF VNIL/ Frontage Road Parking - Public Frontage Road Parking - Event Staff e Ordinance No. 17, Series of 2011 - Exhibit D USA Pro Cycling Challenge Temporarily Permitted Frontage Road Parking 0.5 1 M2/2011 9 5 1 This map was created by the Town of Vail GIS Team. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein. (where shown, parcel line work is approximate) Last Modified: July 27, 2011 TOWN OF VNL/ Ordinance No. 17, Series of 2011 - Exhibit E USA Pro Cycling Challenge Temporarily Suspended Loading & Delivery in Vail Village . 414 A f .. o 4 •. . E MEADOW DR. \ 9 4 �/ ,�� '�i 4 J N ? r� �' r. V** - - 1 r ` ' • V & ��.y, :� i USA Pro Cycling Challenge Time Trial Route Temporarily Suspended Loading & Delivery e 125 250 I ffk2/2011 500 9 6 1 This map was created by the Town of Vail GIS Team. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein. (where shown, parcel line work is approximate) Last Modified: July 27, 2011 TOWN OF VNIL/ } T INN [ F 'U, i ' VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 2, 2011 ITEM /TOPIC: The first reading of Ordinance No. 18, Series of 2011, an ordinance rezoning the Ruder cemetery, Red Sandstone Park parking lot, and Parcel G of the Residences at Briar Patch from residential districts to open space and recreation districts. This ordinance will be reviewed concurrently with the Resolution No. 15, Series of 2011, agenda item. PRESENTER(S): Bill Gibson, Planner ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 18, Series of 2011, on first reading. BACKGROUND: On June 27, 2011; July 11, 2011; and July 25, 2011 the Town of Vail Planning and Environmental Commission forwarded recommendations of approval for the Zoning map amendments for the Ruder cemetery, Red Sandstone Park parking lot, and Parcel G of the Residences at Briar Patch. STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Vail Town Council approves Ordinance No. 18, Series of 2011, on first reading. ATTACHMENTS: Town Council memo land use plan and zoning maps Resolution No. 15 Ordinance No. 18 PEC June 27th Ruder Cemetery PEC July 1 lth Red Sandstone PEC July 25th Lot G 8/2/2011 TOWN OF VAIL' Memorandum TO: Vail Town Council FROM: Community Development Department DATE: August 2, 2011 SUBJECT: Resolution No. 15, Series of 2011, a resolution amending the Town Of Vail Land Use Plan Map, pursuant to Chapter VIII, Implementation, Town of Vail Land Use Plan, to allow for a land use category changes from Low Density Residential to Open Space, located at 2846 Basingdale Boulevard /Lot 1, Block 9, Vail Intermountain Development Subdivision (Ruder Family Cemetery); a land use category change from Medium Density Residential to Open Space, located at 715 North Frontage Road /Part of Lot 9, Block 2, Vail Potato Patch (Red Sandstone Park); a land use category change from Medium Density Residential To Open Space, located at 1448 Buffehr Creek Road /Parcel G, Residences at Briar Patch Subdivision, and setting forth details in regard thereto. Ordinance No. 18, Series Of 2011, an ordinance for zone district boundary amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for a rezoning from Two - Family Primary/Secondary District to Outdoor Recreation District, located at 2846 Basingdale Boulevard /Lot 1, Block 9, Vail Intermountain Development Subdivision (Ruder Cemetery); a rezoning from Medium Density Multiple Family District to Outdoor Recreation District, located at 715 North Frontage Road (Red Sandstone Park) /Part of Lot 9, Block 2, Vail Potato Patch; a rezoning from Residential Cluster District to Natural Area Preservation District, located at 1448 Buffehr Creek Road /Parcel G, Residences at Briar Patch Subdivision, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Bill Gibson SUMMARY The applicant, Town of Vail, is requesting amendments to the Town of Vail Land Use Plan map and the Town of Vail Zoning map for three properties: • Ruder cemetery at 2846 Basingdale Boulevard • Red Sandstone Park parking lot at 715 North Frontage Road • Parcel G, Residences at Briar Patch at 1448 Buffehr Creek Road. 8/2/2011 10 -1 -1 The Town of Vail owns the Ruder Cemetery and Red Sandstone Park properties and is contracted to purchase Parcel G, Residences at Briar Patch. All three properties currently have residential Land Use Plan and Zoning designations. Staff does not believe any of these three properties are the appropriate location for future residential development. Instead, Staff believes these three properties should be designated as properties for continued open space and recreational uses. On June 27, 2011; July 11, 2011; and July 25, 2011 the Town of Vail Planning and Environmental Commission forwarded recommendations of the approval for the Land Use Plan map and Zoning map amendments for the Ruder cemetery, Red Sandstone Park parking lot, and Parcel G of the Residences at Briar Patch. II. DESCRIPTION OF REQUEST A more complete description of each Land Use Plan map and Zoning map amendment, and additional background information, is included in the attached Planning and Environmental Commission memorandums. The proposed Land Use Plan maps and Zoning map changes (Attachment A), Resolution No. 15, Series of 2011 (Attachment B), the proposed Ordinance No. 18, Series of 2011 (Attachment C), the PEC memorandum for Ruder cemetery dated June 27, 2011 (Attachment D), the PEC memorandum for Red Sandstone Park dated July 11, 2011 (Attachment E), and the PEC memorandum Lot G, Residences at Briar Patch dated July 25, 2011 (Attachment F) have been attached for review. III. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION Resolution No. 15, Series of 2011 The Planning and Environmental Commission recommends the Vail Town Council approves Resolution No. 15, Series of 2011. This recommendation is based upon the review of the criteria outlined in the June 27, July 11, and July 25, 2011, memorandums to the Planning and Environmental Commission, and the evidence and testimony presented. Should the Vail Town Council choose to Resolution No. 15, Series of 2011; the Planning and Environmental Commission recommends the Council passes the following motion: "The Vail Town Council approves Resolution No. 15, Series of 2011, a resolution amending the Town Of Vail Land Use Plan Map, pursuant to Chapter VIII, Implementation, Town of Vail Land Use Plan, to allow for a land use category changes from Low Density Residential to Open Space, located at 2846 Basingdale Boulevard /Lot 1, Block 9, Vail Intermountain Development Subdivision (Ruder Family Cemetery); a land use category change from Medium Town of Vail Page 2 8/2/2011 10 -1 -2 Density Residential to Open Space, located at 715 North Frontage Road /Part of Lot 9, Block 2, Vail Potato Patch (Red Sandstone Park); a land use category change from Medium Density Residential To Open Space, located at 1448 Buffehr Creek Road /Parcel G, Residences at Briar Patch Subdivision, and setting forth details in regard thereto." Should the Vail Town Council choose to recommend approval of this request; the Community Development Department recommends the Council imposes the following condition: "1. The of approval for a Land Use Plan designation change for Parcel G, Residences at Briar Patch is contingent upon the recording of the associated Fifth Amendment to the Residences at Briar Patch final plat." Should the Vail Town Council choose to approve Resolution No. 15, Series of 2011; the Community Development Department recommends the Council makes the following findings: "Based upon the review of the criteria outlined in the June 27, July 11, and July 25, 2011, memorandums 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 adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town. 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas. 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." Ordinance No. 18, Series of 2011 The Planning and Environmental Commission recommends the Vail Town Council approves Ordinance No. 18, Series of 2011, on first reading. This recommendation is based upon the review of the criteria outlined in the June 27, July 11, and July 25, 2011, memorandums to the Planning and Environmental Commission, and the evidence and testimony presented. Should the Vail Town Council choose to Ordinance No. 18, Series of 2011, on first reading; the Community Development Department recommends the Council passes the following motion: Town of Vail Page 3 8/2/2011 10 -1 -3 "The Vail Town Council approves Ordinance No. 18, Series Of 2011, an ordinance for zone district boundary amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, for a rezoning from Two - Family Primary /Secondary District to Outdoor Recreation District, located at 2846 Basingdale Boulevard /Lot 1, Block 9, Vail Intermountain Development Subdivision (Ruder Cemetery); a rezoning from Medium Density Multiple Family District to Outdoor Recreation District, located at 715 North Frontage Road (Red Sandstone Park) /Part of Lot 9, Block 2, Vail Potato Patch; a rezoning from Residential Cluster District to Natural Area Preservation District, located at 1448 Buffehr Creek Road /Parcel G, Residences at Briar Patch Subdivision, and setting forth details in regard thereto." Should the Vail Town Council choose to approve of this request; the Planning and Environmental Commission recommends the Council imposes the following condition: "1. The of approval for a rezoning of Parcel G, Residences at Briar Patch is contingent upon the recording of the associated Fifth Amendment to the Residences at Briar Patch final plat." Should the Vail Town Council choose to approve Ordinance No. 18, Series of 2011; the Community Development Department recommends the Council makes the following findings: "Based upon the review of the criteria outlined in the June 27, July 11, and July 25, 2011, memorandums 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 adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town. 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas. 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 A. Proposed Land Use Plan map and Zoning map amendments B. Resolution No. 15, Series of 2011 C. Ordinance No. 18, Series 2011 D. PEC memorandum for Ruder cemetery dated June 26, 2011 Town of Vail Page 4 8/2/2011 10 -1 -4 E. PEC memorandum for Red Sandstone Park dated July 11, 2011 F. PEC memorandum Lot G, Residences at Briar Patch dated July 25, 2011 Town of Vail Page 5 8/2/2011 10 -1 -5 Vail Intermountain Development Subdivision Block 9, Lot 1 (2846 Basingdale Boulevard - "Ruder Cemetery ") Existing Land Use Low Density Residential Medium Density Residential M Open Space e 0 50 100 Feet 200 Proposed Land Use Low Density Residential Medium Density Residential Open Space This map was created bythe Tovui of Vail GIS Team. Use ofthis map ohould be torg eneral purposes only. The Town of \Ail does not warren[ the accuracy of the information contained herein. (urhere etrovsr, parcel line vcnrk is approximate) Last Modified_ July 22. 2011 TOWN OF VAIL Vail Intermountain Development Subdivision Block 9 , Lot 1 (2846 Basingdale Boulevard - "Ruder Cemetery ") SNOWBERRY DR Existing Zoning Two-Famlly PrimmISecondary Residential (PS) Residential Cluster (RC) Low Density Multiple Family (LDM F) e 0 50 100 [Feet 200 Proposed Zoning Two - Family Prir ryiSecondary Residential (PS) Residential Cluster (RC) Low Density Multiple Family (LDMF) Outdoor Recreation (OR) I This map was created bythe Tovui of Vail GIS Team. Use ofthis may ohould be torgeneral purposes only. The Town of ".IM does not warren[ the accuracy of the information contained herein. Onhere rtrovsi, parcel line vnnrk is approximate) Last Modified- July 1 ,2011 'IMO? via Existing Land Use Low Density Residential Medium Density Residential - Open Space I 1 I I e 0 50 Vail Potato Patch, Block 2, Part of Lot 9 (715 North Frontage Road West; Red Sandstone Park Parking Lot) 100 Feet 200 N oc Proposed Land Use Low Den sity Resid entia I Medium Density Residential Open Space This map was created bythe Tovui of Vali GIS Team. Use otthis may ohould be torgeneral purposes only. The Town of 5511 does not warrant the accuracy of the information contained herein. Onhere rtrovsr, parcel line ..nark is approximate) Last Modified_ July 22. 2011 TOWN OF VAIL Vail Potato Patch, Block 2, Part of Lot 9 (715 North Frontage Road West; Red Sandstone Park Parking Lot) Existing Zoning ▪ Medium Density M Femit (M DMF) Two-Family Residential Outdoor Recreation (OR) ▪ Natural Area Preservation (NAP) e 0 50 100 Feet 200 Proposed Zoning Medium Density Multiple Family (MDMF) Two - Family Residential Outdoor Recreation (OR) Natural Area Preservation (NAP) This map was created bythe TOVUi of Vali GIS Team. Use ofthis map ohould be forgeneral purposes only. The Town of hail does not warrant the accuracy of the information contained herein. (vehere Snov✓r, parcel line ..nark is approximate) Last Modified- July 1 ,'2011 'NWNflFYAi Existing Land Use Medium Density Residential - High Density Residential - Open Space 0 0 100 Briar Patch Subdivision 200 Feet 400 Proposed Land Use Medium Density Residential High Density Residential Open Space This map was created bythe Tovui of Vail GIS Team. Use ofthis may ohould be for general purposes only. The Town of X611 does not warren[ the accuracy of the information contained herein. (arhere ntrnnsr, parcel line ..nark is approximate) Last Modified_ July 21. 2011 MIC0.YPAd Existing Zoning I I Single- Family Residential (SFR) Two - Family Primary /Secondary Residential (PS) Residential Cluster (RC) ▪ Housing (H) ▪ Agricultural & Open Space (A) ▪ Natural Area Preservation (NAP) I I I I 0 0 100 Briar Patch Subdivision 200 I Feet 400 Proposed Zoning Single - Family Residential (SFR) Two - Family Primary/SecondaryResidential (PS) Residential Cluster (RC) ▪ Housing (H) Agricultural &Open Space (A) ▪ Natural Area Preservation (NAP) I I I This map was created bythe Tovui of Vail GIS Team. Use ofthis may ohould be forgeneral purposes only. The Town of 0611 does not warrant the accuracy of the information contained herein. Onhe re rtrovsi, parcel line nark is approximate) Last Modified_ July 20. 2011 TON?IOFPAZ • RESOLUTION NO. 15 Series of 2011 A RESOLUTION AMENDING THE TOWN OF VAIL LAND USE PLAN MAP, PURSUANT TO CHAPTER VIII, IMPLEMENTATION, TOWN OF VAIL LAND USE PLAN, TO ALLOW FOR A LAND USE CATEGORY CHANGE FROM LOW DENSITY RESIDENTIAL TO OPEN SPACE, LOCATED AT 2846 BASINGDALE BOULEVARD /LOT 1, BLOCK 9, VAIL INTERMOUNTAIN DEVELOPMENT SUBDIVISION (RUDER FAMILY CEMETERY); A LAND USE CATEGORY CHANGE FROM MEDIUM DENSITY RESIDENTIAL TO OPEN SPACE, LOCATED AT 715 NORTH FRONTAGE ROAD /PART OF LOT 9, BLOCK 2, VAIL POTATO PATCH (PARKING LOT OF RED SANDSTONE PARK); AND A LAND USE CATEGORY CHANGE FROM MEDIUM DENSITY RESIDENTIAL TO OPEN SPACE, LOCATED AT 1448 BUFFEHR CREEK ROAD /PARCEL G, RESIDENCES AT BRIAR PATCH SUBDIVISION, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on November 18, 1986, the Vail Town Council approved Resolution No. 27, Series of 1986, adopting the Town of Vail Land Use Plan (an element of the Town of Vail Comprehensive Plan); and WHEREAS, the Town of Vail Land Use Plan amendment process is outlined in Chapter VIII, Implementation, of the plan; and WHEREAS, pursuant to Chapter VIII, Implementation, Town of Vail Land Use Plan, the amendment process is one which is intended to assure the Plan's effectiveness with periodic updates to reflect current thinking and changing market conditions. "; and WHEREAS, in the late 1800's Jacob and Mary Ruder homesteaded along Gore Creek and a family burial site was established on the Ruder's Ranch in the location today known as 2846 Basingdale Boulevard /Lot 1, Block 9, Vail Intermountain Development Subdivision (Ruder Cemetery); and WHEREAS, on June 26, 1991, a warranty deed was signed by Timothy Garton (recorded on July 6, 1992) that transferred the ownership of 2846 Basingdale Boulevard /Lot 1, Block 9, Vail Intermountain Development Subdivision (Ruder Cemetery) to the Town of Vail; and WHEREAS, in the spring of 2011, Bob Ruder, local resident and descendent of Jacob and Mary Ruder, expressed his family's desire that the Town of Vail maintain the existing cemetery in a naturalistic condition into the future; and WHEREAS, on June 27, 2011, the Town of Vail Planning and Environmental Commission held a public hearing on a proposed land use category change from Low Density Residential to Open Space, located at 2846 Basingdale Boulevard /Lot 1, Block 9, Vail Intermountain Development Subdivision (Ruder Cemetery) and has forwarded a recommendation of approval for the amendment to the Vail Town Council by a vote of 6 -0 -0; and WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council find that 2846 Basingdale Boulevard /Lot 1, Block 9, Vail Intermountain Development Subdivision (Ruder Cemetery) is not an appropriate location for future residential Resolution No. 15, Series of 2011 1 8/2/2011 10 -3 -1 development, but the subject property is the appropriate location for open space uses such as a cemetery; and WHEREAS, adjacent to the Red Sandstone Park, the Town of Vail had maintained a public parking lot on private property with the property owner's consent at 715 North Frontage Road / Part of Lot 9, Block 2, Vail Potato Patch (Red Sandstone Park); and WHEREAS, on July 30, 2010, the Vail Town Council approved Resolution No. 20, Series of 2010, authorizing the Town of Vail to purchase the property know as 715 North Frontage Road / Part of Lot 9, Block 2, Vail Potato Patch for the purpose of owning and maintaining the existing public parking lot for Red Sandstone Park; and WHEREAS, on July 11, 2011, the Town of Vail Planning and Environmental Commission held a public hearing on a proposed land use category change from Medium Density Residential to Open Space, located at 715 North Frontage Road / Part of Lot 9, Block 2, Vail Potato Patch (Red Sandstone Park), and has forwarded a recommendation of approval for the amendment to the Vail Town Council by a vote of 5 -0 -0; and WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council find that 715 North Frontage Road / Part of Lot 9, Block 2, Vail Potato Patch (Red Sandstone Park) is not an appropriate location for future residential development, but instead the subject property is the appropriate location for open space and recreational uses such as a public park; and WHEREAS, on July 25, 2011, the Town of Vail Planning and Environmental Commission held a public hearing and approved a major subdivision application amending the Residences at Briar Patch plat. In part, the approved plat established Parcel G, Residences at Briar Patch. Parcel G is the steep hillside portion of common area Parcel F, Residences at Briar Patch, which is located directly above Lions Ridge Loop and the Timber Ridge employee housing development site; and WHEREAS, Parcel G, Residences at Briar Patch, is a geologically sensitive area with excessive slopes ( >30 %) and rockfall hazards; and WHEREAS, on July 25, 2011, the Town of Vail Planning and Environmental Commission held a public hearing on a proposed land use category change from Medium Density Residential to Open Space, located at 1448 Buffehr Creek Road /Parcel G, Residences at Briar Patch, and has forwarded a recommendation of approval for the amendment to the Vail Town Council by a vote of 5 -1 -0; and WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council find that 1448 Buffehr Creek Road /Parcel G, Residences at Briar Patch is not an appropriate location for future residential development, but instead the subject property is the appropriate location for open space and rockfall hazard mitigation; and WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council find that the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town. Resolution No. 15, Series of 2011 2 8/2/2011 10 -3 -2 WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council find that the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas. WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council find 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. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: The Vail Town Council hereby amends the Town of Vail Land Use Plan, pursuant to Chapter VIII, Implementation, Town of Vail Land Use Plan, as follows: 1. A change to the land use category from Low Density Residential to Open Space at 2846 Basingdale Boulevard /Lot 1, Block 9, Vail Intermountain Development Subdivision (Ruder cemetery). This change shall be effective upon the adoption of this resolution. 2. A change to the land use category from Medium Density Residential to Open Space at 715 North Frontage Road /Part of Lot 9, Block 2, Vail Potato Patch (Red Sandstone Park). This change shall be effective upon the adoption of this resolution. 3. A change to the land use category from Medium Density Residential to Open Space at 1448 Buffehr Creek Road /Parcel G, Residences at Briar Patch Subdivision. This change shall be effective upon the adoption of this resolution and the recording of the associated Fifth Amendment to the Residences at Briar Patch final plat. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 2 nd day of August, 2011. Richard D. Cleveland, Mayor of the Town of Vail, Colorado ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 15, Series of 2011 3 8/2/2011 10 -3 -3 ORDINANCE NO. 18 SERIES OF 2011 AN ORDINANCE FOR ZONE DISTRICT BOUNDARY AMENDMENTS, PURSUANT TO SECTION 12 -3 -7, AMENDMENT, VAIL TOWN CODE, FOR A REZONING FROM TWO- FAMILY PRIMARY /SECONDARY DISTRICT TO OUTDOOR RECREATION DISTRICT, LOCATED AT 2846 BASINGDALE BOULEVARD /LOT 1, BLOCK 9, VAIL INTERMOUNTAIN DEVELOPMENT SUBDIVISION (RUDER CEMETERY); A REZONING FROM MEDIUM DENSITY MULTIPLE FAMILY DISTRICT TO OUTDOOR RECREATION DISTRICT, LOCATED AT 715 NORTH FRONTAGE ROAD (RED SANDSTONE PARK) /PART OF LOT 9, BLOCK 2, VAIL POTATO PATCH; A REZONING FROM RESIDENTIAL CLUSTER DISTRICT TO NATURAL AREA PRESERVATION DISTRICT, LOCATED AT 1448 BUFFEHR CREEK ROAD /PARCEL G, RESIDENCES AT BRIAR PATCH SUBDIVISION, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, zone district boundaries may be amended pursuant to the provisions of Section 12 -3 -7, Amendment, Vail Town Code; and WHEREAS, in the late 1800's Jacob and Mary Ruder homesteaded along Gore Creek and a family burial site was established on the Ruder's Ranch in the location today known as 2846 Basingdale Boulevard /Lot 1, Block 9, Vail Intermountain Development Subdivision (Ruder Cemetery); and WHEREAS, on June 26, 1991, a warranty deed was signed by Timothy Garton (recorded on July 6, 1992) that transferred the ownership of 2846 Basingdale Boulevard /Lot 1, Block 9, Vail Intermountain Development Subdivision (Ruder Cemetery) to the Town of Vail; and WHEREAS, in the spring of 2011, Bob Ruder, local resident and descendent of Jacob and Mary Ruder, expressed his family's desire that the Town of Vail maintain the existing cemetery in a naturalistic condition into the future; and WHEREAS, on June 27, 2011, the Town of Vail Planning and Environmental Commission held a public hearing on a proposed rezoning from Two - Family Primary/Secondary District to Outdoor Recreation District, located at 2846 Basingdale Boulevard /Lot 1, Block 9, Vail Intermountain Development Subdivision (Ruder cemetery), and has forwarded a recommendation of approval for the amendment to the Vail Town Council by a vote of 6 -0 -0; and WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council find that 2846 Basingdale Boulevard /Lot 1, Block 9, Vail Intermountain Development Subdivision (Ruder Cemetery) is not an appropriate location for future residential development, but the subject property is the appropriate location for open space uses such as a cemetery; and Ordinance No. 18, Series of 2011 1 8/2/2011 10 -4 -1 WHEREAS, for years the Town of Vail maintained a public parking lot on private property with the property owner's consent at 715 North Frontage Road / Part of Lot 9, Block 2, Vail Potato Patch (Red Sandstone Park); and WHEREAS, on July 30, 2010, the Vail Town Council approved Resolution No. 20, Series of 2010, authorizing the Town of Vail to purchase the property know as 715 North Frontage Road / Part of Lot 9, Block 2, Vail Potato Patch for the purpose of owning and maintaining the existing public parking lot for Red Sandstone Park; and WHEREAS, on July 11, 2011, the Town of Vail Planning and Environmental Commission held a public hearing on a rezoning from Medium Density Multiple Family District to Outdoor Recreation District, located at 715 North Frontage Road (parking lot of Red Sandstone Park) /Part of Lot 9, Block 2, Vail Potato Patch, and has forwarded a recommendation of approval for the amendment to the Vail Town Council by a vote of 5 -0 -0; and WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council find that 715 North Frontage Road / Part of Lot 9, Block 2, Vail Potato Patch (Red Sandstone Park) is not an appropriate location for future residential development, but instead the subject property is the appropriate location for open space and recreational uses such as a public park; and WHEREAS, on July 25, 2011, the Town of Vail Planning and Environmental Commission held a public hearing and approved a major subdivision application amending the Residences at Briar Patch plat. In part, the approved plat established Parcel G, Residences at Briar Patch. Parcel G is the steep hillside portion of common area Parcel F, Residences at Briar Patch, which is located directly above Lions Ridge Loop and the Timber Ridge employee housing development site; and WHEREAS, Parcel G, Residences at Briar Patch, is a geologically sensitive area with excessive slopes ( >30 %) and rockfall hazards; and WHEREAS, on July 25, 2011, the Town of Vail Planning and Environmental Commission held a public hearing on a rezoning from Residential Cluster District to Natural Area Preservation District, located at 1448 Buffehr Creek Road /Parcel G, Residences at Briar Patch Subdivision, and has forwarded a recommendation of approval for the amendment to the Vail Town Council by a vote of 5 -1 -0; and WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council find that 1448 Buffehr Creek Road /Parcel G, Residences at Briar Patch is not an appropriate location for future residential development, but instead the subject property is the appropriate location for open space and rockfall hazard mitigation; and WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council finds that the amendments are consistent with the adopted goals, Ordinance No. 18, Series of 2011 2 8/2/2011 10 -4 -2 objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council finds that the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council finds 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. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. This ordinance adopts the following zone district boundary amendments: 1. A rezoning from Two - Family Primary/Secondary District to Outdoor Recreation District, located at 2846 Basingdale Boulevard /Lot 1, Block 9, Vail Intermountain Development Subdivision (Ruder cemetery). This zone district boundary amendment shall be effective upon the adoption of this ordinance. 2. A rezoning from Medium Density Multiple Family District to Outdoor Recreation District, located at 715 North Frontage Road (parking lot of Red Sandstone Park) /Part of Lot 9, Block 2, Vail Potato Patch. This zone district boundary amendment shall be effective upon the adoption of this ordinance. 3. A rezoning from Residential Cluster District to Natural Area Preservation District, located at 1448 Buffehr Creek Road /Parcel G, Residences at Briar Patch Subdivision, and setting forth details in regard thereto. This zone district boundary amendment shall be effective upon the adoption of this ordinance and the recording of the associated Fifth Amendment to the Residences at Briar Patch final plat. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The 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. Ordinance No. 18, Series of 2011 3 8/2/2011 10 -4 -3 Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2 nd day of August, 2011 and a public hearing for second reading of this Ordinance set for the 16 day of August, 2011, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor of the Town of Vail, Colorado ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 18, Series of 2011 4 8/2/2011 10 -4 -4 TOWN OF VAIL Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 27, 2011 SUBJECT: A request for a recommendation to the Vail Town Council for changes to the Town of Vail Land Use Plan Map, pursuant to Chapter VIII, Implementation, Town of Vail Land Use Plan, to allow for a land use category change from Low Density Residential to Open Space; and a request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for a rezoning from Two - Family Primary /Secondary District to Outdoor Recreation District, located at 2846 Basingdale Boulevard /Lot 1, Block 9, Vail Intermountain Development Subdivision, and setting forth details in regard thereto. (PEC110028) Applicant: Town of Vail Planner: Bill Gibson SUMMARY The applicant, Town of Vail, is requesting a land use category change from Low Density Residential to Open Space and a zone district boundary amendment, from Two - Family Primary /Secondary District to Outdoor Recreation District, for the Town of Vail owned property located at 2846 Basingdale Boulevard. The subject property is the site of the Ruder family cemetery. Based upon Staff's review of the criteria outlined in Section VII and VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval of these applications subject to the findings noted in Section IX of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Town of Vail, is requesting a land use category change from Low Density Residential to Open Space and a zone district boundary amendment, from Two - Family Primary /Secondary District to Outdoor Recreation District, for the property located at 2846 Basingdale Boulevard. 8/2/2011 10 -5 -1 The subject property is owned by the Town of Vail and is the site of a pioneer family cemetery. This is the only cemetery located within the Town of Vail. The subject cemetery has approximately ten marked graves with the most recent from 1973. A vicinity map (Attachment A) and photographs of the site (Attachment B) have been attached for review. III. BACKGROUND In the late 1800's Jacob and Mary Ruder homesteaded along Gore Creek. A family burial site was established on the Ruder's ranch. The location of this cemetery is today known as 2846 Basingdale Blvd. /Lot 1, Block 9, Vail Intermountain Development Subdivision. This is the only cemetery located within the Town of Vail. The Ruder cemetery has approximately ten marked graves with the most recent from 1973. There is documentation in the Town's archives that cemeteries have been the subject of public debate in Vail since at least 1971. Over the years there have been several advisory committees, studies, master plans, and etc. discussing cemetery related issues in Vail. Vail Intermountain Associates, which included members of the Garton family, subdivided the subject property through the Vail Intermountain Development Subdivision Block 9 final plat on August 30, 1972. This plat was reviewed and approved under Eagle County jurisdiction. As early as 1974 there was discussion about the Town of Vail taking over ownership of the subject cemetery. Attached for reference are two letters written by Robert Garton to the Town of Vail in 1974 (Attachment C). In 1985, the Town of Vail initiated the process of developing a Comprehensive Plan for Vail. This Comprehensive Plan included several elements including the Vail Land Use Plan, the Vail Village Master Plan, and master plans for Ford Park and Donovan Park. On November 18, 1986 the Town of Vail adopted the Vail Land Use Plan. This plan has been amended several times since its original adoption. A letter dated January 13, 1987 from the Community Development Department to the Vail Town Council indicates that discussions and decisions about cemeteries in Vail were intentionally delayed until after the completion of the Vail Land Use Plan (Attachment D). The subject property, along with other areas of Intermountain, was annexed into the Town of Vail on June 24, 1987. After several years of public debate, the Town of Vail adopted a Cemetery Management and Master Plan in 1993 which recommended that a community cemetery be constructed at Donovan Park. The subject property was considered and rejected as a location for a future community cemetery. This plan received recognition and awards Town of Vail Page 2 8/2/2011 10 -5 -2 from the Colorado Chapter of the American Planning Association. However, the plan was later rejected by Vail voters in a non - binding election in 1995 and the plan was never implemented. On June 26, 1991 a warranty deed was signed by Timothy Garton (recorded on July 6, 1992) that transferred the ownership of the subject Ruder cemetery property from Vail Intermountain Associates to the Town of Vail. The subject Ruder cemetery was the subject of articles in the Vail Daily Newspaper in 2002 and 2006. Although the image quality of these articles is poor, they have been attached for reference (Attachment E). In 2003, the Town of Vail approved, and donated land for, the construction of a memorial park in East Vail. During the review process leading up to that approval, several properties, including the subject Ruder cemetery, were considered and rejected as a location for a community cemetery or memorial park. The Vail Memorial Park was completed in 2004 and "serves to honor the lives of the many people who have defined Vail through the years." Earlier this year, Bob Ruder, local resident and descendant of Jacob and Mary Ruder, approached the Town of Vail with concerns about preserving the existing Ruder cemetery in a naturalistic condition into the future. At that time, the Town of Vail recognized that the subject property was zoned for residential development, and a rezoning of the property to one of the open space and recreation districts should be pursued. IV. APPLICABLE PLANNING DOCUMENTS There is no mention of the subject property in the Town of Vail Comprehensive Open Lands Plan. Staff believes that following provisions of the Vail Land Use Plan and the Vail Town Code are relevant to the review of this proposal: Vail Land Use Plan (in part) Chapter II - Land Use Plan Goals / Policies (in part) 1. General Growth /Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. Town of Vail Page 3 8/2/2011 10 -5 -3 Chapter VI — Proposed Land Use (in part) LDR — Low Density Residential: This category includes single- family detached homes and two - family dwelling units. Density of development within this category would typically not exceed 3 structures per buildable acres. Also within this area would be private recreation facilities such as tennis courts, swimming pools and club houses for the use of residents of the area. Institutional / public uses permitted would include churches, fire stations, and parks and open space related facilities. OS — Open Space Passive recreation areas such as geenbelts, stream corridors and drainageways are the types of areas in this category. Hillsides which were classified as undevelopable due to high hazards and slopes over 40% are also included in this area. These hillside areas would still be allowed types of development permitted by existing zoning, such as one unit per 35 acres, for areas in agricultural zoning. Also, permitted in this area would be institutional / public uses. Title 12, Zoning Regulations, Vail Town Code (in part) Article 6 -D: Two - Family Primary/Secondary District (in part) Section 12 -6D -1: Purpose: The two - family primary /secondary residential district is intended to provide sites for single - family residential uses or two - family residential uses in which one unit is a larger primary residence and the second unit is a smaller caretaker apartment, together with such public facilities as may appropriately be located in the same zone district. The two - family primary/secondary residential district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with single - family and two - family occupancy, and to maintain the desirable residential qualities of such sites by establishing appropriate site development standards. Article 8 -B: Outdoor Recreation District (in part) Section 12 -88 -1: Purpose: The outdoor recreation district is intended to preserve undeveloped or open space lands from intensive development while permitting outdoor recreational activities that provide opportunities for active and passive recreation areas, facilities and uses. V. SITE ANALYSIS Address: 2846 Basingdale Boulevard Legal Description: Lot 1, Block 9, Vail Intermountain Development Subdivision Zoning: Two - Family Primary/Secondary District Land Use Designation: Low Density Residential Town of Vail Page 4 8/2/2011 10 -5 -4 Mapped Geological Hazards: None Lot Area: Approximately 0.216 acres VI. SURROUNDING LAND USES AND ZONING Existing Use Zoning District North: Residential Two - Family Primary/Secondary District South: Residential Two - Family Primary/Secondary District West: Residential Two - Family Primary/Secondary District East: Residential Two - Family Primary/Secondary District VII. LAND USE PLAN CATEGORY CHANGE CRITERIA Before acting on a land use plan amendment application, the Planning and Environmental Commission shall consider the following factors with respect to this proposal: 1. How conditions have changed since the Land Use Plan was adopted. As indicated in the attached 1987 letter from the Community Development Department to the Vail Town Council, the public discussions and decisions about cemeteries in Vail were intentionally delayed until after the adoption of the Vail Land Use Plan in 1986. The Vail Land Use Plan applies the same Low Density Residential category designation to the subject Ruder cemetery as it does to the surrounding residential properties. As indicated in Section !Hof this memorandum, there has been ongoing public discussion about cemetery related issues in Vail since the adoption of the Vail Land Use Plan. The subject Ruder cemetery site has been considered, and rejected, as a site for a future community cemetery on multiple occasions. While the Vail Land Use Plan includes the subject site in the Low Density Residential category, Staff does not believe the existing Ruder cemetery site should be the location of future residential development. Instead, Staff believes the subject site should be preserved for its historic and cultural value. Staff believes the existing cemetery land use is more consistent with the description of the Open Space plan category than the Low Density Residential plan category as outlined in Section IV of this memorandum. 2. How the Land Use Plan is in error. As indicated in the attached 1987 letter from the Community Development Department to the Vail Town Council, the land use category designation for the subject Ruder cemetery was not addressed during the adoption of the Vail Land Use Plan. 3. How the change to the Land Use Plan is in concert with the Plan in general. Town of Vail Page 5 8/2/2011 10 -5 -5 Staff does not believe the existing Ruder cemetery site is the appropriate location for future residential development, but instead Staff believes the site should be preserved for its historic and cultural value. Staff believes the existing cemetery land use is more consistent with the description of the Open Space plan category than the Low Density Residential plan category as outlined in Section IV of this memorandum. VIII. ZONE DISTRICT BOUNDARY AMENDMENT CRITERIA Before acting on a zone district boundary amendment application, the Planning and Environmental Commission shall consider the following factors with respect to this proposal: 1. The extent to which the zone district amendment is consistent with all 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. Staff believes a rezoning of the subject property to the Outdoor Recreation District is consistent with the associated Vail Land Use Plan amendment to identify the subject property as Open Space. The subject Ruder cemetery is currently zoned Two - Family Primary/Secondary District. Cemeteries are not an allowed permitted, conditional, or accessory use in that district. Staff does not believe the existing cemetery use is consistent with the residential development purposes of the Two - Family Primary/Secondary District as outlined in Section IV of this memorandum. The applicant is requesting that the subject property be rezoned to the Outdoor Recreation District. Cemeteries are allowed as a conditional use in this zone district. Staff believes the existing cemetery is consistent with the open space and passive recreation purposes of the Outdoor Recreation District as outlined in Section IV of this memorandum. Therefore, Staff believes the applicant's proposal meets this review criterion. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents. Staff believes a rezoning of the subject property to the Outdoor Recreation District is consistent with the associated Vail Land Use Plan amendment to identify the subject property as Open Space. As identified in the criterion above, the subject Ruder cemetery is currently zoned Two - Family Primary/Secondary District. Cemeteries are not an allowed permitted, conditional, or accessory use in that district. The applicant is requesting that the subject Town of Vail Page 6 8/2/2011 10 -5 -6 property be rezoned to the Outdoor Recreation District. Cemeteries are allowed as a conditional use in this zone district. The Ruder family cemetery existed on the subject property long before the Town of Vail or the surrounding residential neighborhood was developed. Staff believes the existing cemetery has been, and continues to be, suitable to the surrounding neighborhood. Staff does not believe the proposed rezoning of the subject property will alter its suitability. Therefore, Staff believes the applicant's proposal meets this review criterion. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. As identified above, the Ruder family cemetery existed on the subject property long before the Town of Vail or the surrounding residential neighborhood was developed. Staff believes the existing cemetery has a harmonious, convenient, and workable relationship among land uses in the surrounding neighborhood. Staff does not believe the proposed rezoning of the subject property will alter this relationship. Therefore, Staff believes the applicant's proposal meets this review criterion. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. Staff believes a rezoning of the subject property to the Outdoor Recreation District is consistent with the associated Vail Land Use Plan amendment to designate the subject property as Open Space. Similar to other public parks and public open space properties in Vail, the applicant is proposing to rezone the subject property to one of the Town's open space and recreation zone districts. Similar to other public parks and public open space properties in Vail, the applicant is proposing that the subject property be zoned differently that the surrounding neighborhood. Additionally, the subject Ruder cemetery is the only cemetery located within the Town of Vail. Therefore, Staff does not believe the applicant's proposal constitutes a spot zoning. Instead, Staff believes the proposed rezoning serves the best interest of the community as a whole. Therefore, Staff believes the applicant's proposal meets this review criterion. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. Town of Vail Page 7 8/2/2011 10 -5 -7 As identified in this memorandum, Staff does not the existing Ruder cemetery is an appropriate location for future residential development. The subject property currently functions as open space. Staff believes a rezoning of this property from the Two - Family Primary/Secondary District to the Outdoor Recreation District will continue the positive impacts of this open space on the natural environment. Therefore, Staff believes the applicant's proposal meets this review criterion. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. As identified in this memorandum, the subject Ruder cemetery is currently zoned Two - Family Primary/Secondary District. Cemeteries are not an allowed permitted, conditional, or accessory use in that district. Staff does not believe the existing cemetery use is consistent with the residential development purposes of the Two - Family Primary/Secondary District as outlined in Section IV of this memorandum. The applicant is requesting that the subject property be rezoned to the Outdoor Recreation District. Cemeteries are allowed as a conditional use in this zone district. Staff believes the existing cemetery is consistent with the open space and passive recreation purposes of the Outdoor Recreation District as outlined in Section IV of this memorandum. Therefore, Staff believes the applicant's proposal meets this review criterion. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. As identified in this memorandum, the public discussions and decisions about cemeteries in Vail were intentionally delayed until after the adoption of the Vail Land Use Plan in 1986. The Vail Land Use Plan applies the same Low Density Residential category to the subject Ruder cemetery as it does to the surrounding residential properties. As shown on the Town of Vail Official Zoning Map, the subject property is zoned Two - Family Primary/Secondary District consistent with its current Vail Land Use Plan designation. The subject property is located within the same Two - Family Primary/Secondary District as the surrounding residential properties. As indicated in Section 111 of this memorandum, there has been ongoing public discussion about cemetery related issues in Vail since the adoption of the Vail Land Use Plan. The subject Ruder cemetery site has been considered, and rejected, as a possible site for a future public cemetery on multiple occasions. Again, Staff does not believe the existing Ruder cemetery site is the appropriate location for future residential development. Instead, Staff believes the subject site Town of Vail Page 8 8/2/2011 10 -5 -8 should be preserved for its historic and cultural value. Staff believes the existing cemetery land use is more consistent with the stated purposes of the Outdoor Recreation District than the Two - Family Primary/Secondary District. Therefore, Staff believes the applicant's proposal meets this review criterion. 8. Such other factors and criteria as the commission and /or council deem applicable to the proposed rezoning. IX. RECOMMENDATION The Community Development Department recommends the Planning an Environmental Commission forwards a recommendation of approval to the Vail Town Council for changes to the Town of Vail Land Use Plan Map, pursuant to Chapter VIII, Implementation, Town of Vail Land Use Plan, to allow for a land use category change from Low Density Residential to Open Space; and a request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12- 3-7, Amendment, Vail Town Code, to allow for a rezoning from Two - Family Primary/Secondary District to Outdoor Recreation District, located at 2846 Basingdale Boulevard /Lot 1, Block 9, Vail Intermountain Development Subdivision, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Sections VII and VIII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to recommend approval of this request, the Community Development Department recommends the Commission passes the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for changes to the Town of Vail Land Use Plan Map, pursuant to Chapter VIII, Implementation, Town of Vail Land Use Plan, to allow for a land use category change from Low Density Residential to Open Space; and a request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for a rezoning from Two - Family Primary/Secondary District to Outdoor Recreation District, located at 2846 Basingdale Boulevard /Lot 1, Block 9, Vail Intermountain Development Subdivision, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to recommend approval of this request, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Sections VII and VIII of the Staff memorandum to the Planning and Environmental Commission dated June 27, 2011, and the evidence and testimony presented, the Planning and Environmental Commission finds: Town of Vail Page 9 8/2/2011 10 -5 -9 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town. 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas. 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." X. ATTACHMENTS A. Vicinity Map B. Site Photographs C. Robert Garton letters from 1974 D. Community Development Department letter from 1987 E. Vail Daily Newspaper articles from August 19, 2002 and October 23, 2006 Town of Vail Page 10 8/2/2011 10 -5 -10 e Lot 1, Block 9, Vail Intermountain Development Subdivision (2846 Basingdale Boulevard - "Ruder Cemetery ") I U 1 Feet 0 25 50 100 This map wesveerd Oyes lam or Veer OIS ream Us opts seep should be br pepper purposes only TS lose of` I pout nor Vann lOe s sway olps ntrmepm conned Open. (wen sown, pacer Ise mnneppwmsel Last Moainea May 10. 2011 T IN6V t V TuewyoeTTV I!eA 10 UMOj Attachment B �:., t .I I l l• .' 1 '' l • ! !' ' 1 . !' I I il l ', ,-': -''•_. '. ' 1 ;.! .'- 1 . " ' 1 r 1 �` 1 �I r ' 1 1 " f C . , isl ''',.. '.'.. \) \,... • . / .1 . li . ' il '' - 0 VA I. 0041 w - �1 yr • ¢ , , 'IL , : ',. : :� J j " I � l I tr I J 1 ';/ t . i 'Y ' _., .. 11 ... '' ' y 2111 111111: 1 ' '1' << I w as . A °1 0 '", -; .rte „y"&. / (: .,1e. ... i f " sJ + ! ' a.., ..........„...„... ,...._,,....! ...,...,,,, Town of Vail Page 12 8/2/2011 10 -5 -12 Attachment C • • INTERMOUNTAIN ASSOCIATES OFFME: MILL CREEK COURT P. 0. RoX 705 VAIL, COLORADO 8 t 657 • 476..5075 GENERAL PARTNERS: • ROBERT E. GARTON. JR- DAVID GARTON. DC TIMOTHY R. CARTON ARTHUR N. HELTON, JR, July 25, 1974 Dear Chapel Board Members, Town Council People, Mr. Mayor,Town•Administrators, Rev. Simonton and Anyone Else Interested: This letter is to inform you that there is one item on the Vail market • which has not been affected by inflation: the cemetery; the price is still zero. As you know, the cemetary is too small, it cannot serve as the permanent Vail cemetery, we are already in a cemetary district, etc.; however, at this time it is the Vail cemetery. As such it should be owned, maintained, and operated by some public body (no pun intended). Your thoughts and ideas are solicited. Sincerely, Robert E. Garton, Jr. cc: Mayor John Dobson, Dr. Thomas Steinberg, Mr. John Donovan, Mrs. Warren Klug, Mr. Joseph Langmaid, Mr. Joseph Stauffer, Mr. Gerry White,14rs. John Dobson, Mr. Ernie Brown, Mr. Stan Bernstein, Mr. Terry Ringer, Rev. Don Simonton. REG/fc Town of Vail Page 13 8/2/2011 10 - 5 - 13 • •: INTERMOUNTAIN ASSOCIATES .• OFFicr, MILL CREEK COURT • S • P. 0. [Mx 705 VAIL, COLORADO 81657 • 476-5075 • '- AL PARTNERS: ROBERT E. GARTON. JR- • DAVID . ::ARTON. JR. TIMOTHY H. GARTON ARTHUR M KFLTON..1/7. • • December 2, 1974 • • Attention: The Honorable Mayor, Councilmen & Woman, Town Manager and Director of Finance For your records, 1 have included :;1 copy of a letter from the Vail Religious Foundation is self explanatory. As usual I an unable to resist a few comments. Should a tragedy happen, which is inevitable, the following will occur: The bereaved will have to telephone around town until. the location and ownership of the cemetery is found. Then I will receive a call asking for permission to have a. plot, which I will, of course, grant. Then 11 myself or the bereaved will have to locate a backnoe and laborers to do the work. Following interment the family may remain concerned about the future of the cemetery. The above occurrences obviously do not make a tragedy any easier for the unfortunate family to bear. Either the Town, or another public group, will eventually own a cemetery. There is no reason why owning two areas is any more difficult than owning one. The Town has digging and maintem.nce equipment available. There would be no begging for plots, and the residents will be assl.,red that the area will remain a cemetery in perpetuity, (which it will anyway, but not everyone may believe that). I am sure you are all sick and tired of this subject, but I do hope you will keep the problem in mind and again reconsider tbe Town's position. Sincerely, Robert E. GartOn, Jr. 116 RG/sw Enc. Town of Vail Page 14 8/2/2011 10 - 5 - 14 Attachment D MEMORANDUM TO: Town Council FROM: Community Development department DATE: January 13, 1987 SUBJECT: Cemetery Committee In late August of 1986, the Community Development Department and the Town Council discussed the possibity of utilizing a citizens committee to assist in the research and development of a cemetery located within the Town of Vail. At that time the Land Use Plan was still in process, and a decision was made to delay any further discussion on the cemetery committee until the Land Use Plan was completed and several site alternatives were chosen. The Land Use Plan is now completed and the Community Development Department is preparing to move forward with research and development of the cemetery issue. The attached memorandum dated August 26, 1986, briefly discusses potential composition and roles of this committee. Since that time we have received correspondence from the Vail Religious Foundation indicating that the following people would be willing to participate on such a committee, Ed Draper, C.ssy D.bson, Don Simonton. and sof .n. In addition to these volunteers from the Vail Religious Foundation, Lou Meskiman has also notified our office that he would be willing to serve on this committee. We would request that a member of the To Council also be included within this committee. Our department has identified two options for proceeding with formation of the Vail Cemetery committee. 1 Form a committee from among the interested volunteer citizens to date. 2 Actively solicit further volunteers from the community, formulate a list of these volunteers and choose a committee from that list. Upon formation of a committee and establishment of a role for the committee a schedule will be drafted and work will commence towards establishment of a cemetery within the Town of Vail. Town of Vail Page 15 8/2/2011 10 -5 -15 Attachment E • Page A2 - Monday. August 19. 2002 THE VAIL DAILY 97O. )49.0t•5 ,:,d.l:av,.: -, 1 LOCAL & REGION Cleaning up a cemetery Scout honor Eagle Scout - • date weeds out a rt� _ �� Ruder family's resting s • place, clearing out • ,s� ' , ° fit. ', p �- e . ti,'..- " '!r roots of historic Vail . A • 1 y =�4 with cleanup project ';� -:.- ^• � �,1�. , t ' i � � - " s • � Y pj a '�6 ` ,,� By Geraldine Haldner +�. §• 2`' :,, � - - � ,� y s • 0., s, of Weinoi • ,. {XA � M1 t t �vl ~�. , � �l'Y • i 1fk I ` SR y r ' f t .1. Ihanactsoru o brewing „ :. 'k X01• •kl 0hcud 0114.1 .o Ie 1Jrry :re "'r •r - -it' y . �� - - phqrpiag alum tut Calder b fw. -,,,I••,..7,:,:::`: _ s j ^S ; Cahill' ryas cue f .rd m 1110 _ ' a, _. Wilir * tease ground. L,.t� Y x �r l f �. ✓.. 4. SumnmJcd by a dozen t f ck 1. ve Crush hags lull I foliage .ud �'( . Ji 4 • weed, to aspiring Eagle Scowl. YC y 1 . - i C F _ • �y t wh h n. lived u Vail d1 1 hl■ Ifs +O y ear. nn Ihtl .11 wile,' he is I ..h' r `' - • i_ ' llE 1r resting his rake - stepp . ` .. 11 1 , Veen, pea, ml' laud Hr --- re r y 1 r , ' v'�c �•r• \ ,F 110s vow hl cleat IT i OW- ! - 7 G• �. - ' ! i �• �' • 1 mn>wih in an effort lu attain tax - - 1 t va Q • highest rank of th B y J e tut - \' ry . l{ • '' , N . I ��. `' % 1 - ' � 11'• m idyllic little `, I n. a s, 'Z - mwpicd by .ape 1. ud I lid M l ,y y •�.\ ` c y - ir• by a rough alt loll Jan j ,4 - _ , - 440 o n , l it,... � , fence. plat uaps hr w his patent's s � a ' (., - _ - hom • in West Val, It place for • r r as n which he Ice, always I h n pat. y - _ + •\ - l : �f, , r a •Al. i � - 1 a lice hidden by l 1 1 w rocs • - T` tt t ' '- gra n tr t 01 v M r 111111 t nt ak l � - tt . y ,�5 - \ ^,, . a. 4 , ♦ 1 uut if " a y \ � Vi a S �� * 0, ° � . / i: ry t' . mended toy a uuJJl I : 0444411 r ' - - ', 4 borhold of small honk. on shall Y 9' / � � - e i » l r — r lots. It's the only one In the men " Iv i 1 1 ! .• . not developed. uaq•Uvc., ow.sain ; -`" } _- „,,Jr h 1`I r r4 {de, s "I world just walk up after Calder Cahill 16, Is restoring - �,, tr yfk y \'' ,� - .shoed. I uw•d tut .t step by and the Ruder Cemetery for his ' ;-Y i ^ ' , _- • s1anJ Col a nuaue I ys Cahill. EaB Sco project. . - a 111111, leell aeel 11,0 e4am all f 11 /. } ,e 7 �` -” shaded I s a blue baseball a 1 h l i1 ,:■ -et liar on Vail aW h � _ - 4 ' , - , .. - • I 1 I.,w Is. th 11 m 1 1 s' ..I I.loulies of T ;` j h - , 4 . k °s t . + : zed and nestled 1 Cow. in mom ants settled at the ,• - , yQQQ 1r"- _ ' , ' .i ♦ Tx 1311 a Boole d t small Use .4 the unnamed nlmnuanl 111 w ' p a" + ht ^ s . .c plot I ape nul brand al t area known only by the Gore s. . , .• a ' t . c oy. char I t initiated neigh Creek s�3- awn n t-J t.• It 11.11 :i I r kt t . the(i..rr g,,iir_, r 7 s -r› i,� `,� F . Yi. }A> n. into 1 c 1 - ■ to tell. ha lee t k pa.1.I I included Jacob 'e . ' • - - L - • •• - . s - - yr :. comer listen o d :ciao Alma Rider I their "WC e >} f nt 1 1110 14,1 and Inc 0e Oda.. b 41 1 th r 10 g- s�,(`'c - �f vr' v fife empty." sass Calder stead d 1 hat 00 . , S 1], . F }.,r - r C. loll mother, M n t n .}iL �f .' � r .I lf- ; t 1 t t x��. �3�} y�c t I I III Ills 00011 lu 411 TI ii t • ■• ,dl N YY ' +°\4 i r f aw 1 G 1 1110 10W11 10. db 111110.0 plot Ohio Maine le , ' ' ' • _ .. r yq - +t" , v;' ,. som ellIiu 114,1 will but Isaelil Lt al lois. t I Il tua11su1 '.4'4 • ual1 n 1 1 p 1.111 .11 omeant, a,, l it w. an atd let child fix , k "' ' - ^ : Y 41 lion d bit 01191.11 people Rude, soon es pelleered fusses s. / ft)--'''' Y � . together l hill solos up the :Jon( ash pi ...L.! a I.e., and 17..'111-4,."..,'C- . 1041l111 W Ills Nigh: Scum luulnl m ul fluor owe ma Ile it project. slujII 1011064 that. behne the .,i uwh:Ouaam awatau The amply 1140 in the town of Illtrrnwmllalll 0eighboihmd sus' Zeb Maloney, 11. clears the undergrowth at the Ruder Cemetery In Wear Valk V:dl's Community Development up, 1111111 lave h:d 0 Iovily Vie„ Depa/1 1uent. is tilled "Ruder of the Gore Creek. about 10 hour. - ill attain the tlrccwupledun of thcjounml will Ile Tact that parental ..111101410011 Cemetery." The 11ewe1.1 graves belong 14, 3- highest rank of the Boy Stoms, .0011 less damning in couquri- has played a big pan in bs Boy It's to only burial mould kft year -old Whitney Burke, who Cahill I1u5 to Complete an Eagle son Scouts career. which he hopes in Vail from the early .settlement tragically drowned ul to Clore project before he is lg. The ptnl- "uh yeah:' 11» responds when will cu1,nbut0 in 1114 1450111C- days. It's the only cemetery in Creek in 1973 and Samuel 041 once cleared by his scum- asked if he will be glad when the friendly rank of Eagle Scout Vail fur Ilmt mutter. An oddity that Stevenson. u popular ski patroller master Brian Maloney of Troop cen1010y is cleared. a new gale is sometime laser This fall. bus given this town the reputation and accomplished singer and gui• 231. will go before a committee allive4 and Ihr 21 merit budges "nxy all stayed with it of being welcoming to the active. Wrist. who died in a construction of local Eagle Scouts and then be of Ms Boy Seoul career topped because Iediaf d parent:' but ,101 particularly accummddut• occident In 1971. reviewed on the national level. with on Eagle Scout ribbon. she says. while surveying the Ing to to dead. Slice then the c0aetery has 'The project hue to benefit the •'4144 if it ....hard to get term 10011 - 1140 boys' progress. Cahill says he sow a 1ew.gsw fallen into disrepair, though community. but even more it is 011 together. Cahill's friends are Being a Boy Scout. Cahill per ankle o11 the history of the Ruder family members have cash- about leadership development. glad they carne. says 1as taught him rrspxmsibili- furgotten cemetery and decided eJ over the yearsmd mode 01Tons sine he has to organize help ; and "I think it 1s a really cool ry along with a sense for cunlmu- the quiet burial ground he had to keep the sweet Wiliium Clan supervise people.' says Maloney, place and a gaud idea: • says I I- nil) involvement. grown up with was the perfect Mary Anna Ruder planted at hay. who has known Colder Cahill for year-old Zeb Maloney. a trader- The high school senior. who subject for his scout project. Despite being the only burial three years. fool scout. Zeb and his 19 -year- ploys base guitar in 0 jazz band "We hwk out most of the ground in Vail. and possibly one Maloney says Its piked old brother. Deacon, and 12- and likes history the best In weeds so fah and w•c are putting of the 40- year -old towns oldest CohlIl's proposal fount the start you -old Zac Layman art stuffing _ school. says he does not yet rocks around every wave. We are landmarks. the cemetery enjoys and thinks it has a glad chance mots and leaves into garbage know what college degree he trying to nwk the graves,. they Mlle ■rotection front weed.s and to 100e1ee a favorable review bags. And 16- year -old Michael will pursue — "maybe business' MT 41s1111k IS. yevplr 10110 401114 the tITc is 1/1 the elements. sometime pater this fall. Lip pen. who 4 working on his —. but the boy scouts exprn- here and don't know where they Even the residential zoning on "It sounded really Wen:sling. own Eagle pm1)061. is polishing 0nre. regardless of career ore :' he say., m i:11y. while six of the 5,700 - square -foot piece of and 4 dnuk it looks like a tun the hat of the foliage from the choice. will "always b good for his friends and telluw .401.11S 010 land, owned by the town. dime- project :' Maloney says. now - visible 011111mcr 111 the me in life :' busy raking the newly—bare mil. gads is human contents. Though the cleanup is almost cemetery. His mother timers. WI up 1011 and treading But after three decades of finished. the. project iau't June " Its been a but 01 weeding ." in nut worried about hint. th 11v dark maim, into a only occasional 0000.1%111111 has n yet. our Lippxn observe, picking He i5 a really mold kid:' she Os 441'011nd 1110 11 known 4051491 interest in making the - 'I'm putting together a jour- agitate inure errant kaf. "but now toys. cwt's 401110101r look nice and neat. nal to document the project :' n Jlasn'1 pouf, so abandoned: TI,e Rode. •e .., sown d m So. far. Cahill estimates he ha. Cahill says. adding than schedul- Cahill jointed Ihr Roy Sauub GendJinr lhdduer coves 4hfl, 1:111 Ion, Isr101. us it, I. .s id .pout 644,50 11/ 1110 hours ill ing a cleanup dry. and securing when he was 111 because it was hfiarmn end Rrl Cluj.. Sloe run be 1.,. preparm ion liar the 44111:11 tau fullllllitllxlll5 Of 0 coup of - 411001111114 110 wanted to Jo:' nmdlyd 449•0355. rot 9112. or . • , n ■ .• • „ . Ieamlp Jay. M111,11 V11111111d over b11c1s was M. lima• 011011sfo 11101 sly, 111, 1110111, who J0eml1'1 hide .a,y/tdlhrnin 1niGGrilxnr11 Town of Vail Page 16 8/2/2011 10 -5 -16 Page A2 • Monday, October 23. 2006 THE VAIL DAILY 970.949.0555 /vadaily.corn LOCAL & REGION The final resting places of the pioneers Small cemeteries still survive Slam Wa - • - - . • , T - _ = T 1 By Edward Stoner • .^ � u IIA . I t II.Y ln;a • a'` � 1 �• " "T r '✓ • , A i VAII. — The Celts believed Halloween Ile- r, �,, )' was tie Ilmc when the line between the liv- _ - f t - • ' _ ing mid d e a d blurred. the i i ne to When . j • b � . . _ . ' I advise from the spirits ablest what the upcoming waiter would he like e d t ' w ' ! n • !i - u' Isere in Lag) County. perhaps the best . (. '• - -•. i a place for such a prognostication on the min- ' - �! s .. ter is high up time Creek when a metal sign t,. w 1 e . and umuc rucks mark the graves 01 Andress i 1' /'" _ " and Dan Resew y The Roane spirits might know hest y,- Y • o. . . - about the vicissitudes of a Vail winter — - •, . u: ' .� a • powder dlaysor sheave oficc.gd-ncrous tips or ` n. •1 r �- - empty robe runes s, rollicking ski or regretted U ' hangovers. _ �` The 8mddish -bum Rccens came to Col- oradn in 11176 and soon shuck m rich in the ar heyday of Colorado's silver boom. aannling / • to Mary Ellen Gillilard's 'The Vail Hikes r They then traveled, partied. ate and drank } '1'.A,'• extravagantly until the 11193 silver crash. ,,,err/// f when they lost almost everything. For the �( s "t� '. 1 t •- �.'. nest cou of decades until their deaths, ' ' • they lived in a cabin near where their graves - are, hunting and tapping to find enough 'A fool. The graves ate at the intersection of the kV � • y `• 1 f Gore Creek and Gore Lake trails. lt d Hidden around the Gore Valley and the s: 5 / ,,. up Eagle Valley are several small grave- +.. r -. - 5 yards. some of them family cemeteries, that 04a Huivalh /khotvathleva.Idaay,Am hold early settlers. Bob Ruder trles to read a headstone at the Ruder family cemetery In Intermountain. The Ruder family's roots in the area The Ruder family cemetery sits among date back to the late 1800s. ski chalets in West Vail no the lard that Jacob .wd Mary Rioter homesteaded in the late - 11 . , - — -- 11100s. The Ruder family still cares for the t ''' h R cemetery, which has about 10 graves. unclad- y ing the of Jamb and Mary Vail resident t ! Bob Ruder said he visits his family cemetery r _ I , • • a lbw rimes a ycne. Tt ` )11 o 'rJ' ,r.. . "Being so close to Hailowren. 1 brought - r - my fly brown in case we need to make a rd. ". _ • +•• 1. quick exit frwn ghosts and goblins and all , • . .r,. r - Ruder said when showing the cemetery to . -Apt"' r - . „ .. a . some visitors. ~ t � - .Y 1 mail c rie r' y -• Instead. he used it to dew the snow off the ` • 4,- r c i 7 - . . •. , T . t headroone& The cemetery u mealy filled 41 li ` � . � p : ,t' r with Riders, but it also holds de unmarked . %te graves of members of a family that intended i 4 a' - ; r ' ' ; :�•. ". to be the original homesteaders. In the late �v ' 4- t ...s ' • '' • • n v - _ - 1g0 b wit 0s. a hus and wife surfed the home- - - l - `;. sreading process for the land. but the wife and .�1 M yip _ ss her daughter died in childbirth. Bob Ruder +. a , - s sad. The wife and newborn were buried t4 .• • 4 • • p u n d e r mends in the come- A . ' r • eery. he said 1101 grief- stricken lather left the " ' y f s - Gore Valley. bland en ing the homestead �k " ' • rights to the Riders. That piece of land wider r. e • i • • i' the bne the family cemetery. - d f'- . I •the u n:m Recker said he plane to be buried in the / . - tinnily cemetery Kira Hot valn /khervaill0vaildallycam ... - „ ••: ,.. "1 say, 'Get a coffer can and tad a spot. The Ruder family cemetery has about _ and as all OK.'" he said. 10 graves In It and Is still maintained '" ,.•s, Near Miller Ranch in Edwards is another by family members. - sma11 cemetery. Its graves are among pinyon ,rf • • trees and sagebrush on a hill overlooking the „ ;, . • Eagle Rider. Many of those facial there ,- " ' • r�? lir . 4- a . _ •.,• died in the late 18005 and only a few groves .. a. a ,. * r ..- -' , have been added since 1950. based ea the L y - ” ininscriptions. • . ++4 - - .. y I There's another small hill cemetery that - �; . holds embers of the Bret family on the members i ii t , ' i' west side of Edwards. The cemetery has two - neat rows of graves and onnbmu•s to be used ' - - . by the Breu family. Nearby sit the remains of , • the original Brett borne :mad • It's had to get more ghostly than a come- r j: a.- 4 r u • toy 111 a ghost own. Theresa cemetery near a. -la •L a. Y s W the Ciold Park campground up Homcsullde W Creek. Gold Park was a short -lived mining town that boomed in the 188(1s when gold ' ' - -a it 4 was discovered up H o m e s t a k e Creek. but •• . t i ± tr A quickly b e g o t its apes, Gold Park baud a • . -i �y� > ♦ 1 g t" t t pnxessin ill along with hundreds of rest- e ' - - L - ,,. *. ' ' n f •' S . ., dents, a y office and hotels. Cairns mark ,* i/ T �l the grave's in the cemetery, according to Shane Mal :ornhar /smncomberevalldany.com Shane Ma :ornber /smacomharll'valldaily. cam Gilliland'sbuuk. Few graves have been added to one Many of the small cemeteries left In Eagle County are family burial grounds There are larger cemeteries in eastern cemetery In Edwards since 1950. where family members care for the land and plan on being burled there Eagle CaWy m Red Cliff and Mannrrm Some headstones date as far back as themselves. Some of the cemeteries date back to the late 19th century and Tic re allo 1 palkin EastVail- the late 19th century. hold the remains of some of Eagle County's silver prospectors. Town of Vail Page 17 8/2/2011 10 -5- 17 TOWN OF VAIL Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 11, 2011 SUBJECT: A request for a recommendation to the Vail Town Council for changes to the Town of Vail Land Use Plan Map, pursuant to Chapter VIII, Implementation, Town of Vail Land Use Plan, to allow for a land use category change from Medium Density Residential to Open Space; and a request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for a rezoning from Medium Density Multiple Family District to Outdoor Recreation District, located at 715 North Frontage Road (parking lot of Red Sandstone Park) /Part of Lot 9, Block 2, Vail Potato Patch, and setting forth details in regard thereto. (PEC110039) Applicant: Town of Vail Planner: Bill Gibson SUMMARY The applicant, Town of Vail, is requesting a land use category amendment from Medium Density Residential to Open Space and a zone district boundary amendment, from Medium Density Multiple - Family District to Outdoor Recreation District, for the Town of Vail owned property located at 715 North Frontage Road. The subject property is the parking lot for the Red Sandstone Park. Based upon Staff's review of the criteria outlined in Section VII and VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval of these applications subject to the findings noted in Section IX of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Town of Vail, is requesting a land use category amendment from Medium Density Residential to Open Space and a zone district boundary amendment, from Medium Density Multiple - Family District to Outdoor Recreation District, for the Town of Vail owned property located at 715 North Frontage Road. The subject property is the parking lot for the Red Sandstone Park. The purpose of this request is to apply the 8/2/2011 10 -6 -1 same zoning to the subject parking lot as the existing public park. A vicinity map (Attachment A) and proposed zoning map change (Attachment B) have been attached for review. III. BACKGROUND The subject property was previously owned by Bob Lazier, developer of the adjacent Sun Vail Condominiums. The subject property has the same Land Use Plan designation and zoning as this residential development. With the previous owner's permission, the Town of Vail used the subject property to provide parking for the adjacent Red Sandstone Park. In 2010, Mr. Lazier approached the Town of Vail with a proposal to sell the subject property. Pursuant to Resolution No. 20, Series of 2010, the Town of Vail purchased the subject from Mr. Lazier on July 30, 2010. IV. APPLICABLE PLANNING DOCUMENTS There is no mention of the subject property in the Town of Vail Comprehensive Open Lands Plan. Staff believes that following provisions of the Vail Land Use Plan and the Vail Town Code are relevant to the review of this proposal: Vail Land Use Plan (in part) Chapter II - Land Use Plan Goals / Policies (in part) 1. General Growth /Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. Chapter VI — Proposed Land Use (in part) MDR — Medium Density Residential: The medium density residential category includes housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category would include private recreation facilities, private parking facilities and institutional / public uses such as parks and open space, churches and fire stations. Town of Vail Page 2 8/2/2011 10 -6 -2 OS — Open Space Passive recreation areas such as greenbelts, stream corridors and drainage ways are the types of areas in this category. Hillsides which were classified as undevelopable due to high hazards and slopes over 40% are also included in this area. These hillside areas would still be allowed types of development permitted by existing zoning, such as one unit per 35 acres, for areas in agricultural zoning. Also, permitted in this area would be institutional / public uses. Title 12, Zoning Regulations, Vail Town Code (in part) Article 6 -G: Medium Density Multiple - Family District (in part) 12 -6G -1: Purpose: The medium density multiple- family district is intended to provide sites for multiple- family dwellings at densities to a maximum of eighteen (18) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The medium density multiple- family district is intended to ensure adequate light, air, open space, and other amenities commensurate with multiple- family occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, and where permitted, are intended to blend harmoniously with the residential character of the zone district. Article 8 -B: Outdoor Recreation District (in part) Section 12 -88 -1: Purpose: The outdoor recreation district is intended to preserve undeveloped or open space lands from intensive development while permitting outdoor recreational activities that provide opportunities for active and passive recreation areas, facilities and uses. V. SITE ANALYSIS Zoning: Medium Density Multiple Family District Land Use Designation: Medium Density Residential Mapped Geological Hazards: None Lot Area: Approximately 0.49 acres VI. SURROUNDING LAND USES AND ZONING Existing Use Zone District Land Use Designation North: Residential Medium Density Multiple - Family Medium Density Residential South: Hwy 6 / 170 n/a n/a West: Residential Outdoor Recreation Open Space East: Residential Medium Density Multiple - Family Medium Density Residential Town of Vail Page 3 8/2/2011 10 -6 -3 VII. LAND USE PLAN CATEGORY CHANGE CRITERIA Before acting on a land use plan amendment application, the Planning and Environmental Commission shall consider the following factors with respect to this proposal: 1. How conditions have changed since the Land Use Plan was adopted. The subject property was previously owned by Bob Lazier, developer of the adjacent Sun Vail Condominiums. The subject property has the same Land Use Plan designation and zoning as this residential development. With the previous owner's permission, the Town of Vail used the subject property to provide parking for the adjacent Red Sandstone Park. In 2010, Mr. Lazier approached the Town of Vail with a proposal to sell the subject property. Pursuant to Resolution No. 20, Series of 2010, the Town of Vail purchased the subject from Mr. Lazier on July 30, 2010. 2. How the Land Use Plan is in error. Staff does not believe the Vail Land Use Plan is in error. As identified in this memorandum, conditions have changed since the adoption of the plan. 3. How the change to the Land Use Plan is in concert with the Plan in general. Staff does not believe the subject property is the appropriate location for future residential development. Instead, Staff believes the site should be incorporated into the Red Sandstone Park. Staff believes the existing parking lot for the public park is more consistent with the description of the Open Space plan category than the Medium Density Residential plan category as outlined in Section IV of this memorandum. VIII. ZONE DISTRICT BOUNDARY AMENDMENT CRITERIA Before acting on a zone district boundary amendment application, the Planning and Environmental Commission shall consider the following factors with respect to this proposal: 1. The extent to which the zone district amendment is consistent with all 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. Staff believes a rezoning of the subject property to the Outdoor Recreation District is consistent with the associated Vail Land Use Plan amendment to identify the subject property as Open Space. Town of Vail Page 4 8/2/2011 10 -6 -4 The subject property is currently zoned Medium Density Residential District. Staff does not believe the subject property is the appropriate location for future residential development. While public parks are allowed as a conditional use in the Medium Density Multiple - Family District as outlined in Section IV of this memorandum, Staff believes the subject parking lot and the Red Sandstone Park should have the same zoning. Therefore, Staff believes the applicant's proposal meets this review criterion. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents. Staff believes a rezoning of the subject property to the Outdoor Recreation District is consistent with the associated Vail Land Use Plan amendment to identify the subject property as Open Space. Staff believes the existing parking lot for Red Sandstone Park has been, and continues to be, suitable to the surrounding neighborhood. Staff does not believe the proposed rezoning of the subject property will alter its suitability. Therefore, Staff believes the applicant's proposal meets this review criterion. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. Staff believes the existing parking lot for Red Sandstone Park has a harmonious, convenient, and workable relationship among land uses in the surrounding neighborhood. Staff does not believe the proposed rezoning of the subject property will alter this relationship. Therefore, Staff believes the applicant's proposal meets this review criterion. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. Staff believes a rezoning of the subject property to the Outdoor Recreation District is consistent with the associated Vail Land Use Plan amendment to designate the subject property as Open Space. The Town of Vail is proposing to rezone the subject property to the same district as Red Sandstone Park; therefore, Staff does not believe the proposal constitutes a spot zoning. Instead, Staff believes the proposed rezoning serves the best interest of the community as a whole. Therefore, Staff believes the applicant's proposal meets this review criterion. Town of Vail Page 5 8/2/2011 10 -6 -5 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. As identified in this memorandum, Staff does not believe the subject property is an appropriate location for future residential development. The subject property currently functions as a public parking lot for Red Sandstone Park. Staff believes a rezoning of this property to the Outdoor Recreation District will not alter the impacts of this property on the natural environment. Therefore, Staff believes the applicant's proposal meets this review criterion. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. The applicant is requesting that the subject property be rezoned to the Outdoor Recreation District. Public parks are allowed in this zone district. Staff believes the existing Red Sandstone Park public parking lot is consistent with the open space and recreation purposes of the Outdoor Recreation District as outlined in Section IV of this memorandum. Therefore, Staff believes the applicant's proposal meets this review criterion. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. As identified in this memorandum, the subject property was previously owned by Bob Lazier, developer of the adjacent Sun Vail Condominiums. The subject property has the same Land Use Plan designation and zoning as this residential development. With the previous owner's permission, the Town of Vail used the subject property to provide parking for the adjacent Red Sandstone Park. In 2010, Mr. Lazier approached the Town of Vail with a proposal to sell the subject property. Pursuant to Resolution No. 20, Series of 2010, the Town of Vail purchased the subject from Mr. Lazier on July 30, 2010. Therefore, Staff believes the applicant's proposal meets this review criterion. 8. Such other factors and criteria as the commission and /or council deem applicable to the proposed rezoning. IX. RECOMMENDATION The Community Development Department recommends the Planning an Environmental Commission forwards a recommendation of approval to the Vail Town Council for Town of Vail Page 6 8/2/2011 10 -6 -6 changes to the Town of Vail Land Use Plan Map, pursuant to Chapter VIII, Implementation, Town of Vail Land Use Plan, to allow for a land use category change from Medium Density Residential to Open Space; and a request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for a rezoning from Medium Density Multiple Family District to Outdoor Recreation District, located at 715 North Frontage Road (parking lot of Red Sandstone Park) /Part of Lot 9, Block 2, Vail Potato Patch, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Sections VII and VIII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to recommend approval of this request; the Community Development Department recommends the Commission passes the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for changes to the Town of Vail Land Use Plan Map, pursuant to Chapter VIII, Implementation, Town of Vail Land Use Plan, to allow for a land use category change from Medium Density Residential to Open Space; and a request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for a rezoning from Medium Density Multiple Family District to Outdoor Recreation District, located at 715 North Frontage Road (parking lot of Red Sandstone Park) /Part of Lot 9, Block 2, Vail Potato Patch, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to recommend approval of this request, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Sections VII and VIII of the Staff memorandum to the Planning and Environmental Commission dated July 11, 2011, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town. 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas. 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." Town of Vail Page 7 8/2/2011 10 -6 -7 X. ATTACHMENTS A. Vicinity Map B. Proposed Zoning Map Amendment Town of Vail Page 8 8/2/2011 10 -6 -8 e Vail Potato Patch, Block 2, (part of) Lot 9 and Tract C (715 & 725 North Frontage Road West; Parking Lot & Red Sandstone Park, respectively) I U Feet 0 50 100 200 fa„ map was crawl eythl Teen ,.,, S . ar samosa W,aase, flo.TaMO,on, does W tn nenn...ad. Ina oak ,aee„o..a.a Last Modified May 18. 2011 V TuewyoeTTV I!eA 10 UMOj /// Existing Zoning Medium Density M ninon FamIM MDMF) - TAOFamly Residential Q Outdoor Recreation (OR) NgwaI Area Preservation (NAP) e 0 50 100 Vail Potato Patch, Block 2, Part of Lot 9 (715 North Frontage Road West; Red Sandstone Park Parking Lot) I Feet 200 Proposed Zoning - Medium De nsny Multiple Family (MDMF) IM Two-Fa only Residential ▪ Outdoor Recreation (OR) - Natural Nee Preservation (NAP) 1Ns Manrps>etlN>YTe Ron dlMOISTean.Unrelabmep Tann to lat°WOtl aaposesorh iro Torn or., does not war Ineaccarecv Mkt humabon mnMW herein OJere Torn.pacellnexora Is.Pfiad*Me) Last Modified. July 1. 2011 8 Tuew I!CA 10 UMOI TOWN OF VAIL Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 25, 2011 SUBJECT: A request for a recommendation to the Vail Town Council for amendments to the Town of Vail Land Use Plan Map, pursuant to Chapter VIII, Implementation, Town of Vail Land Use Plan, to allow for a land use category change from Medium Density Residential to Open Space; and a request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for a rezoning from Residential Cluster District to Natural Area Preservation District, located at 1448 Buffehr Creek Road /Parcel G, Residences at Briar Patch Subdivision, and setting forth details in regard thereto. (PEC110042) Applicant: Town of Vail Planner: Bill Gibson SUMMARY The applicant, Town of Vail, is requesting a land use category amendment from Medium Density Residential to Open Space and a zone district boundary amendment, from Residential Cluster District to Natural Area Preservation District, for the 3.983 acre steep hillside portion of the Residences at Briar Patch located directly above Lions Ridge Loop. The subject steep hillside is proposed to be platted as Parcel G, Residences at Briar Patch through a related major subdivision application (PEC110034). The Town of Vail is in negotiations to purchase the subject property from the Briar Patch Homeowners Association for the purpose of preserving open space and mitigating the high severity rockfall hazard associated with the site. Based upon Staff's review of the criteria outlined in Section VII and VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with a condition, of these applications subject to the findings noted in Section IX of this memorandum. II. DESCRIPTION OF REQUEST The purpose of this request is to apply the same zoning to the subject property as the steep hillside open space owned by the Town of Vail located directly to the west. A 8/2/2011 10 -7 -1 vicinity map (Attachment A), the proposed land use map amendment (Attachment B) and the proposed zoning map amendment (Attachment C) have been attached for review. III. BACKGROUND The Residences at Briar Patch subdivision, along with several other properties in the Lion's Ridge neighborhood, was annexed into the Town of Vail on April 29, 1987. Most of these properties, including the Residences at Briar Patch, had established development rights under Eagle County jurisdiction that exceeded those that would be allowed by Town of Vail zoning. So, the Town of Vail entered into annexation agreements with many of these property owners to negotiate development rights before these property was annexed. The outcomes of the Residences at Briar Patch annexation agreement have been memorialized on the subdivision's plat. The Residences at Briar Patch plat includes a common element Parcel F. Parcel F includes all areas of the subdivision that are not explicitly designated as building sites. Parcel F includes the steep hillside above Lions Ridge Loop. While pursuing the proposed redevelopment of the Timber Ridge employee housing site, the Town of Vail explored options to address the high severity rockfall hazard emanating from the Residences at Briar Patch Parcel F above. This existing rockfall hazard poses risks to both the public street and the residential development below. The Town of Vail has explored several engineering options to mitigating the rockfall hazard. One viable mitigation option is to mitigate the hazard off -site by constructing barriers and fencing along Lions Ridge Loop; however, this mitigation method is neither aesthetically or financially desirable. The other viable mitigation option is to address the hazard on -site by removing rocks and installing protective netting over some outcroppings. The Town of Vail believes the on -site mitigation method is more aesthetically and financially desirable than an off -site method. The Town of Vail is negotiating with the Residences at Briar Patch property owners to purchase a portion of their common Parcel F to facilitate the mitigation of the existing rockfall hazard. This subject portion of Parcel F is proposed to be platted as Parcel G, Residences at Briar Patch through a related major subdivision application (PEC110034). IV. APPLICABLE PLANNING DOCUMENTS There is no mention of the subject property in the Town of Vail Comprehensive Open Lands Plan. Staff believes that following provisions of the Vail Land Use Plan and the Vail Town Code are relevant to the review of this proposal: Vail Land Use Plan (in part) Town of Vail Page 2 8/2/2011 10 -7 -2 Chapter II - Land Use Plan Goals / Policies (in part) 1. General Growth /Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. Chapter VI — Proposed Land Use (in part) MDR — Medium Density Residential: The medium density residential category includes housing which would typically be designed as attached units with common walls. Densities in this category would range from 3 to 14 dwelling units per buildable acre. Additional types of uses in this category would include private recreation facilities, private parking facilities and institutional / public uses such as parks and open space, churches and fire stations. OS — Open Space Passive recreation areas such as greenbelts, stream corridors and drainage ways are the types of areas in this category. Hillsides which were classified as undevelopable due to high hazards and slopes over 40% are also included in this area. These hillside areas would still be allowed types of development permitted by existing zoning, such as one unit per 35 acres, for areas in agricultural zoning. Also, permitted in this area would be institutional / public uses. Title 12, Zoning Regulations, Vail Town Code (in part) Article 12 -6E: Residential Cluster District (in part) 12 -6E -1: Purpose: The residential cluster district is intended to provide sites for single- family, two - family, and multiple- family dwellings at a density not exceeding six (6) dwelling units per acre, together with such public facilities as may appropriately be located in the same zone district. The residential cluster district is intended to ensure adequate light, air, privacy and open space for each dwelling, commensurate with residential occupancy, and to maintain the desirable residential qualities of the zone district by establishing appropriate site development standards. Article 12 -8C: Natural Area Preservation District (in part) Section 12 -8C -1: Purpose: Town of Vail Page 3 8/2/2011 10 -7 -3 The natural area preservation district is designed to provide areas which, because of their environmentally sensitive nature or natural beauty, shall be protected from encroachment by any building or other improvement, other than those listed in section 12 -8C -2 of this article. The natural area preservation district is intended to ensure that designated lands remain in their natural state, including reclaimed areas, by protecting such areas from development and preserving open space. The natural area preservation district includes lands having valuable wildlife habitat, exceptional aesthetic or flood control value, wetlands, riparian areas and areas with significant environmental constraints. Protecting sensitive natural areas is important for maintaining water quality and aquatic habitat, preserving wildlife habitat, flood control, protecting view corridors, minimizing the risk from hazard areas, and protecting the natural character of Vail which is so vital to the town's tourist economy. The intent shall not preclude improvement of the natural environment by the removal of noxious weeds, deadfall where necessary to protect public safety or similar compatible improvements. V. SITE ANALYSIS Existing Zoning: Residential Cluster District Proposed Zoning: Natural Area Preservation District Existing Land Use Designation: Medium Density Residential Proposed Land Use Designation: Medium Density Residential Mapped Geological Hazards: High Severity Rockfall Lot Area: Approximately 3.983 acres Existing Development Standards: N/A (open space per the Briar Patch plat) Proposed Development Standards: None Change VI. SURROUNDING LAND USES AND ZONING Existing Use Zone District Land Use Designation North: Residential Residential Cluster Medium Density Residential South: Residential Housing High Density Residential West: Open Space Natural Area Preservation Open Space East: Residential Residential Cluster Medium Density Residential VII. LAND USE PLAN CATEGORY CHANGE CRITERIA Before acting on a land use plan amendment application, the Planning and Environmental Commission shall consider the following factors with respect to this proposal: 1. How conditions have changed since the Land Use Plan was adopted. The Town of Vail is negotiating with the Residences at Briar Patch property owners to purchase a portion of their common Parcel F to facilitate the mitigation of the existing rockfall hazard. This subject portion of Parcel F is proposed to be platted as Parcel G, Town of Vail Page 4 8/2/2011 10 -7 -4 Residences at Briar Patch through a related major subdivision application (PEC110034). 2. How the Land Use Plan is in error. Staff does not believe the Vail Land Use Plan is in error. As identified in this memorandum, conditions have changed since the adoption of the plan. 3. How the change to the Land Use Plan is in concert with the Plan in general. Staff does not believe the subject steep hillside is the appropriate location for future residential development. Instead, Staff believes the site should be preserved as open space and the existing rockfall hazards should be mitigated. Staff believes the use of the subject property is more consistent with the description of the Open Space plan category than the Medium Density Residential plan category as outlined in Section IV of this memorandum. VIII. ZONE DISTRICT BOUNDARY AMENDMENT CRITERIA Before acting on a zone district boundary amendment application, the Planning and Environmental Commission shall consider the following factors with respect to this proposal: 1. The extent to which the zone district amendment is consistent with all 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. Staff believes a rezoning of the subject property to the Natural Area Preservation District is consistent with the associated Vail Land Use Plan amendment to identify the subject property as Open Space. The subject property is currently zoned Residential Cluster District. Due to the steepness of the site and the high severity rockfall hazards, Staff does not believe the subject property is the appropriate location for future residential development. The Town of Vail is proposing to apply the same zoning to the subject property as the steep hillside open space owned by the Town of Vail located directly to the west. Therefore, Staff believes the applicant's proposal meets this review criterion. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents. The Town of Vail is in negotiations with the Briar Patch Homeowners Associations to purchase the subject property for the purpose of preserving open space and mitigating Town of Vail Page 5 8/2/2011 10 -7 -5 the high severity rockfall hazard associated with the site. Staff believes a rezoning of the subject property to the Natural Area Preservation District is consistent with the associated Vail Land Use Plan amendment to identify the subject property as Open Space. The Briar Patch development rights are regulated by both the Vail Town Code and the Residences at Briar Patch plat. The plat prescribes the allowable density, building locations, gross residential floor area, site coverage, building height, parking, etc. The subject Parcel G only includes portions of the already unbuildable steep hillside above Lions Ridge Loop. The platting and rezoning of the proposed Parcel G will not affect the existing or future Briar Patch development rights. Staff does not believe the proposed rezoning of the subject property will alter its existing suitability with the neighborhood. Therefore, Staff believes this proposal meets this review criterion. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives. Staff believes the rezoning of the subject property to an open space zone district has a more harmonious, convenient, and workable relationship among land uses in the surrounding neighborhood than is current zoning for residential development. Therefore, Staff believes the applicant's proposal meets this review criterion. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. Staff believes a rezoning of the subject property to the Outdoor Recreation District is consistent with the associated Vail Land Use Plan amendment to designate the subject property as Open Space. The Town of Vail is proposing to apply the same zoning to the subject property as the steep hillside open space owned by the Town of Vail located directly to the west; therefore, Staff does not believe the proposal constitutes a spot zoning. Instead, Staff believes the proposed rezoning serves the best interest of the community as a whole. Therefore, Staff believes the proposal meets this review criterion. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. Town of Vail Page 6 8/2/2011 10 -7 -6 As identified in this memorandum, Staff does not believe the subject property is an appropriate location for future residential development. The subject property currently functions as open space. Staff believes a rezoning of this property to the Natural Area Preservation District from Residential Cluster District will further restrict the impacts of this property on the natural environment. Therefore, Staff believes the proposal meets this review criterion. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. The Town of Vail is requesting that the subject property be rezoned to the Natural Area Preservation District. The subject property is a steep hillside with high severity rockfall hazards. The Town of Vail intends to preserve the subject property as open space and to mitigate the rockfall hazards on the site. Staff believes this proposed rezoning is consistent with the open space purposes of the Natural Area Preservation District as outlined in Section IV of this memorandum and as follows: "The natural area preservation district is designed to provide areas which, because of their environmentally sensitive nature or natural beauty, shall be protected from encroachment by any building or other improvement, other than those listed in section 12 -8C -2 of this article. The natural area preservation district is intended to ensure that designated lands remain in their natural state, including reclaimed areas, by protecting such areas from development and preserving open space. The natural area preservation district includes lands having valuable wildlife habitat, exceptional aesthetic or flood control value, wetlands, riparian areas and areas with significant environmental constraints. Protecting sensitive natural areas is important for maintaining water quality and aquatic habitat, preserving wildlife habitat, flood control, protecting view corridors, minimizing the risk from hazard areas, and protecting the natural character of Vail which is so vital to the town's tourist economy. The intent shall not preclude improvement of the natural environment by the removal of noxious weeds, deadfall where necessary to protect public safety or similar compatible improvements." Therefore, Staff believes the proposal meets this review criterion. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. As identified in this memorandum, the Town of Vail is negotiating with the Residences at Briar Patch property owners to purchase a portion of their common Parcel F to facilitate the mitigation of the existing rockfall hazard. This subject portion of Parcel F is proposed to be platted as Parcel G, Residences at Briar Patch through a related major subdivision application (PEC110034). Town of Vail Page 7 8/2/2011 10 -7 -7 Therefore, Staff believes the proposal meets this review criterion. 8. Such other factors and criteria as the commission and /or council deem applicable to the proposed rezoning. IX. RECOMMENDATION The Community Development Department recommends the Planning an Environmental Commission forwards a recommendation of approval, with a condition, to the Vail Town Council for amendments to the Town of Vail Land Use Plan Map, pursuant to Chapter VIII, Implementation, Town of Vail Land Use Plan, to allow for a land use category amendment from Medium Density Residential to Open Space; and a request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for a rezoning from Residential Cluster District to Natural Area Preservation District, located at 1448 Buffehr Creek Road /Parcel G, Residences at Briar Patch Subdivision, and setting forth details in regard thereto. This recommendation is based upon the review of the criteria outlined in Sections VII and VIII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to recommend approval of this request; the Community Development Department recommends the Commission passes the following motion: "The Planning and Environmental Commission forwards a recommendation of approval, with a condition, to the Vail Town Council for amendments to the Town of Vail Land Use Plan Map, pursuant to Chapter VIII, Implementation, Town of Vail Land Use Plan, to allow for a land use category amendment from Medium Density Residential to Open Space; and a request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for a rezoning from Residential Cluster District to Natural Area Preservation District, located at 1448 Buffehr Creek Road /Parcel G, Residences at Briar Patch Subdivision, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to recommend approval of this request; the Community Development Department recommends the Commission imposes the following condition: "1. This recommendation of approval for a Land Use Plan designation change and a rezoning is contingent upon the recording of the associated final plat creating Parcel G, Residences at Briar Patch." Should the Planning and Environmental Commission choose to recommend approval of this request; the Community Development Department recommends the Commission makes the following findings: Town of Vail Page 8 8/2/2011 10 -7 -8 "Based upon the review of the criteria outlined in Sections VII and VIII of the Staff memorandum to the Planning and Environmental Commission dated July 25, 2011, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town. 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas. 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." X. ATTACHMENTS A. Vicinity Map B. Proposed Land Use Map Amendment C. Proposed Zoning Map Amendment Town of Vail Page 9 8/2/2011 10 -7 -9 150 Briar Patch Subdivision IFczt 'Ms map me,dreaMmillythe Tomn *IMO OM le MmoT Ins me m Ir.?, dmjnece1 fine mod/ m Last Modified June 17. 2011 V Tuewgoeny RIBA 10 UMOj I 20 Briar Patch Subdivision Eadsdng Land Use ® Medium Densely Residential High Densely ResdenuaI - Open SPace Feet 400 Bnar Patch Subdivision Proposed Land Use Q Medium Density Residential High Density Resdemlal - Open Space Pas map ans created. the turn olW CIS peen Use o tos map riiriiold argenerSpurpomorry The lossn M Ali does M wrMiM Smsscy Mtlte morns. cordoned lweln. Mom riunn,epcellne vatisnworinro) �}'�J,, Last Modified', July 21, 2011 1oIINlFq¢7 8 TUeWLIOenV Iles 10 UMOI 0 100 200 Existing Zoning I r 1 Smde -Famiy Residenllal (SFR) Two-Famty Pnman/Seconday Residential (PS) Residential Cluster (RC) - Housing H) Agmuttural8 Open Space (A) - N.A. Area Preservalitn (NAP) 0 Briar Patch Subdivision I Feet 400 cagrovs Bnar Patch Subdivision Proposed Zoning n Single Famiy Residential (SFR) - Two-Family PnmarySecondaty Residential (PS) F Residential Cluster (RC) Housm9 (H) Agrcuitural E Open Space (A) - Nalural Area Preservation (NAP) IN, Pep Was netledeyfie toys Orval 01S ream. Us or We mop A0M be for Aeresel purpofes0N!.yne TmAOrbl(Ioepnd Amer) Me scare, Wine nNmehon containednw.n. NANA show, parrnlne waxlsewron(ae) Last Modified: July 20. 2011 MGM W I!eA 10 UMOj } TOM OF V iL' VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 2, 2011 ITEM /TOPIC: Resolution No. 15, Series of 2011, a resolution changing the land use designation of the Ruder cemetery, Red Sandstone Park parking lot, and Parcel G of the Residences at Briar Patch from residential to open space. This resolution will be reviewed concurrently with the Ordinance No. 18, Series of 2011, agenda item. PRESENTER(S): Bill Gibson, Planner ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Resolution No. 15, Series of 2011. The Vail Town Council may also choose to table this resolution to correspond with the second reading of the associated Ordinance No. 18, Series of 2011. BACKGROUND: On June 27, 2011; July 11, 2011; and July 25, 2011 the Town of Vail Planning and Environmental Commission forwarded recommendations of approval for the Land Use Plan map amendments for the Ruder cemetery, Red Sandstone Park parking lot, and Parcel G of the Residences at Briar Patch. STAFF RECOMMENDATION: The Planning and Environmental Commmision recommends the Vail Town Council approves Resolutions No. 15, Series of 2011, or tables this item to correspond with the second reading of the associated Ordinance No. 18, Series of 2011. 8/2/2011 } T INN [ F 'U, i ' VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 2, 2011 ITEM /TOPIC: Ordinance No. 16, Series of 2011, An Ordinance Amending Title 4 Chapter 2 of the Vail Town Code by the Addition of a New Section 4 -2 -6 Governing Special Event Liquor Permits. PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 16, Series of 2011, on second reading. BACKGROUND: The Colorado General Assembly has adopted Senate Bill 11 -066, which takes effect August 10, 2011, and which allows local licensing authorities to assume sole authority to approve or deny applications for special event permits to serve alcohol. Ordinance No. 16, Series of 2011 will enable the Town Council to elect local control over special event permitting as allowed by Senate Bill 11 -066. STAFF RECOMMENDATION: Approve, approve with modifications, or deny Ordinance No. 16, Series of 2011, on second reading. ATTACHMENTS: Ordinance No. 16, Series of 2011 8/2/2011 ORDINANCE NO. 16 SERIES 2011 AN ORDINANCE AMENDING TITLE 4 CHAPTER 2 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW SECTION 4 -2 -6 GOVERNING SPECIAL EVENTS PERMITS WHEREAS, the Colorado General Assembly has adopted Senate Bill 11 -066, which takes effect August 10, 2011, and which allows local licensing authorities to assume sole authority to approve or deny applications for special event permits to serve alcohol; WHEREAS, the Town Council of the Town of Vail wishes to elect local control over special event permitting as allowed by Senate Bill 11 -066; and WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by assuming said local control. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 4 of the Vail Town Code is hereby amended by the addition of a new Section 4 -2 -6, which shall read as follows: SEC. 3 -4 -6. SPECIAL EVENT PERMITS. A. Pursuant to C.R.S. § 12- 48- 107(5)(a), the local licensing authority ( "Authority ") elects not to notify the state licensing authority to obtain the state licensing authority's approval or disapproval of applications for special event permits. B. The Authority shall report to the Colorado Liquor Enforcement Division, within ten (10) days after the Authority issues a special event permit, the name of the organization to which the permit was issued, the address of the permitted location, and the permitted dates of alcohol beverage service. C. Upon receipt of an application for a special event permit, the Authority shall, as required by C.R.S. § 12- 48- 107(5)(c), access information made available on the state licensing authority's website to determine the statewide permitting activity of the organization applying for the permit. The Authority shall consider compliance with the provisions of C.R.S. § 12 -48- 105(3), which restricts the number of permits issued to an organization within a calendar year to fifteen (15), before approving any application. Ordinance No. 16, Series of 2011 8/2/2011 1 12 -1 -1 D. A special event permit may be issued only upon a satisfactory showing by an organization or a qualified political candidate that: 1. Other existing facilities are not available or are inadequate for the needs of the organization or political candidate; and 2. Existing licensed facilities are inadequate for the purposes of serving members or guests of the organization or political candidate and that additional facilities are necessary by reason of the nature of the special event being scheduled; or 3. The organization or political candidate is temporarily occupying premises other than the regular premises of such organization or candidate during special events such as civic celebrations or county fairs and that members of the general public will be served during such special events. E. Each application for a special event permit shall be accompanied by an application fee in an amount equal to the maximum local licensing fee established by C.R.S. § 12 -48- 107(2). Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19 day of July, 2011, and a Ordinance No. 16, Series of 2011 8/2/2011 12 -1 -2 public hearing for second reading if this Ordinance set for the 2 day of August, 2011, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dick Cleveland, Mayor Attest: Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2 day of August, 2011. Dick Cleveland, Mayor Attest: Town Clerk Ordinance No. 16, Series of 2011 8/2/2011 12 -1 -3 MINN N [ F VAll.. VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: August 2, 2011 ITEM /TOPIC: This work session will focus on addressing several questions raised at the July 19th Town Council public hearing which focused on responding to questions from the previous July 5th meeting, the 3D model, view corridors, and pedestrain connections for the proposed Ever Vail development. The hearing will include a wrap up of the amendments to the Lionshead Redevelopment Master Plan proposed within Resolution No. 6, Series of 2011. Lionshead Redevelopment Master Plan (Resolution No. 6, Series of 2011): A request for a recommendation to the Vail Town Council for an amendment to the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the detailed plan recommendations for West Lionshead (Ever Vail), and setting forth details in regard thereto. (PEC 110002) Major Subdivision: A request for a review of a preliminary plan for a major subdivision, pursuant to Chapter 13 -3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment of the properties known as Ever Vail (West Lionshead), located at 862, 923, 934, 953, 1000 and 1031 South Frontage Road West, and the South Frontage Road West right -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. (PEC080062) Rezoning (Ordinance No. 7, Series of 2011): A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for a establish Lionshead Mixed Use 2 District zoning on Parcels 1 and 2 of the Ever Vail Subdivision located generally at 862, 923, 934, 953, 1000, and 1031 South Frontage Road, and the South Frontage Road right -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. (PEC080061) Special Development District Amendment (Ordinance No. 8, Series of 2011): A request for a recommendation to the Vail Town Council for a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the removal of Development Area D (Glen Lyon Office Building) from Special Development District No. 4, Cascade Village, and for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to include the subject property in the Lionshead Mixed Use 2 District, located at 1000 South Frontage Road West /Lot 54, Glen Lyon Subdivison, and setting forth details in regard thereto. (PEC090036) Title 12, Zoning Regulations, Vail Town Code, Amendment ( Ordinance No. 9, Series of 2011): A request for a final recommendation to the Vail Town Council for prescribed regulation amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to amend Section 12- 10-19, Core Areas Identified, Vail Town Code, to amend the core area parking maps to include "Ever Vail" (West Lionshead) within the "Commercial Core" designation, and setting forth 8/2/2011 details in regard thereto. (PEC080065) PRESENTER(S): Vail Resorts Development Company and Warren Campbell ACTION REQUESTED OF COUNCIL: The Community Development Department requests the Vail Town Council continue the Major Subdivision, Ordinance No. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011 to the August 16, 2011 public hearing. BACKGROUND: Lionshead Redevelopment Master Plan: On January 24, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for proposed amendments to the Lionshead Redevelopment Master Plan, by a vote of 3 -1 -2 (Rediker opposed, Viele and Cartin recused). Major Subdivision: On January 10, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, on the preliminary plan for the major subdivision to establish Parcels 1 and 2 of the Ever Vail Subdivision, by a vote of 5 -0 -2 (Viele and Cartin recused). Rezoning: On January 10, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for a zone district boundary amendment to establish Lionshead Mixed Use 2 District zoning on Parcels 1 and 2 of the Ever Vail Subdivision, by a vote of 5 -0 -2 (Viele and Cartin recused). Special Development District Amendment: On January 24, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for a major amendment to Special Development District (SDD) No. 4, Cascade Village, to remove the Glen Lyon Office Building from the SDD in order for it to be incorporated into the Ever Vail Subdivision, by a vote of 4 -0 -2 (Viele and Cartin recused). Title 12, Zoning Regulations, Vail Town Code, Amendment: On January 11, 2010, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for a prescribed regulations amendment to Section 12- 10 -19, Core Areas Identified, Vail Town Code, by a vote of 4 -0 -2 (Viele and Cartin recused). STAFF RECOMMENDATION: The Community Development Department recommends the Vail Town Council continue the public hearing on the request for the Major Subdivision, Ordinance No. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011 to the August 16, 2011 public hearing. ATTACHMENTS: Staff Memorandum Draft Resolution No. 6, Series of 2011 8/2/2011 TOWN OF VAIL' Memorandum TO: Vail Town Council FROM: Community Development Department DATE: August 2, 2011 SUBJECT: Resolution No. 6, Series of 2011, a resolution to amend Chapter 4, Recommendations — Overall Study Area and Chapter 5, Detailed Plan Recommendations, Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the recommendations for West Lionshead (Ever Vail) and setting forth details in regard thereto. I. SUMMARY The purpose of this agenda item is to review Resolution No. 6, Series of 2011. Resolution No. 6, Series of 2011, is a resolution amending Chapter 4, Recommendations — Overall Study Area and Chapter 5, Detailed Plan Recommendations of the Lionshead Redevelopment Master Plan to allow for amendments to Sections 4.4, View Corridors; 4.6.2, South Frontage Road; 5.17, West Lionshead; and 5.20 Eagle River Water and Sanitation District. The proposed amendments are intended to facilitate future development of the Ever Vail Project in the West Lionshead area. This work session will focus on addressing several questions raised at the July 19 Town Council public hearing which focused on responding to questions from the previous July 5 th meeting, the 3D model, view corridors, and pedestrian connections for the proposed Ever Vail development. II. DESCRIPTION OF THE REQUEST This memorandum and work session are intended to wrap up the conversation that has been ongoing for several hearings regarding the proposed amendments within Resolution No. 6, Series of 2011. There will be no request for a formal action on Resolution No. 6, Series of 2011. As the Town Council proceeds forward with the other applications, phasing, and developer improvement agreement, there will be opportunities to revisit the proposed Master Plan amendments and make changes to address ideas and concerns raised through the remainder of the review. 8/2/2011 13 -1 -1 This memorandum and work session are not meant to be a discussion of elements of Ever Vail to be included within the Developer Improvement Agreement (DIA). Those elements for inclusion in the DIA which staff heard through the review of the Master Plan amendments include, but are not limited to: • Replacement of landscaping which becomes deceased; • Relocation of a portion of the 400 additional public parking spaces; • Operation of the Ever Vail gondola; • Dedication of a youth services space (Vail Recreation District); • Provisions for Red Sandstone Creek stream health; and • Elements of an incentive rental program for lock -offs and condominiums. Staff has attached a copy of Ordinance No. 6, Series of 2011, which contains the proposed amendments to Chapters 4 and 5 of the Lionshead Redevelopment Master Plan. Ordinance No. 6, Series of 2011 contains only those portions of Chapters 4 and 5 which have proposed amendments. A paper copy of the complete Lionshead Redevelopment Master Plan was provided in April and can be used if greater context is required in reviewing the amendments. There are no proposed changes to any portions of the Lionshead Redevelopment Master Plan not contained within Resolution No.6, Series of 2011. Staff will go through each portion of the Master Plan to be amended at the public hearing in order to answer questions and discuss the intent should there be a need. In summary the proposed changes to the Master Plan include the following: Chapter 4 Recommendations — Over All Study Area • Addition of three new view corridors; and • Update of the South Frontage Road relocation alternatives to depict the ability to do a complete realignment verse a partial realignment. Chapter 5 Detailed Plan Recommendations • Identification that West Lionshead is becoming Ever Vail; • Description of the proposed Ever Vail site and general elements of the project; • Further detail on the realignment of the South Frontage and provision for the Simba Run underpass; • Addition of clarity on vehicular access and circulation including protections for the ERWSD; • Addition of sub - section 5.17.3, providing detailed recommendation with regard to parking and 400 additional public parking spaces; • Addition of sub - section 5.17.4, providing detailed recommendations with regard to public transportation, including a transit facility; • Addition of sub - section 5.17.5, providing detail on the proposed gondola; • Further detail on the goals with regard to pedestrian and bike access; • Addition of sub - section 5.17.7, providing detailed recommendations for public spaces and plazas; • Further detail on the outcomes with regard to preservation of existing office and retail space; Town of Vail Page 2 8/2/2011 13 -1 -2 • Addition of sub - section 5.17.9, providing detailed recommendations for development pattern, program and uses; • Further detail on the goals with regard to the relationship of Ever Vail to Red Sandstone Creek and Gore Creek; • Addition of sub - section 5.17.11, providing detailed recommendations with regard to the provision of employee housing; • Addition of sub - section 5.17.12, providing detailed plan recommendations for height, setbacks, landscaping, and site coverage; • Further detail on the architectural goals of Ever Vail; • Addition of sub - section 5.17.14, providing detailed recommendations with regard to green building; • Deletion of the Detailed Plan Recommendations for the Glen Lyon Office Building and relocation of certain recommendations which are to be carried forward (ie. height); and • Further detail on the provision of access to ERWSD. III. DISCUSSION 1) Would proposed View Corridor 8, the view corridor looking east from the west side of Ever Vail back towards the Marriott, be more effective if relocated? Staff response: Staff believes question 1 through 4 will be best answered through a site visit where we stand in the approximate locations of each proposed view corridor and any suggested view corridors. View corridors serve specific purposes, as outlined by Section 12 -22 -1: Purpose, Vail Town Code: "The town believes that preserving certain vistas is in the interest of the town's residents and guests. Specifically, the town believes that: A. The protection and perpetuation of certain mountain views and other significant views from various pedestrian public ways within the town will foster civic pride and is in the public interest of the town. B. It is desirable to designate, preserve and perpetuate certain views for the enjoyment and environmental enrichment for the residents and guests of the town. C. The preservation of such views will strengthen and preserve the town's unique environmental heritage and attributes. D. The preservation of such views will enhance the aesthetic and economic vitality and values of the town. Town of Vail Page 3 8/2/2011 13 -1 -3 E. The preservation of such views is intended to promote design which is compatible with the surrounding natural and built environment, and is intended to provide for natural light to buildings and in public spaces in the vicinity of the view corridors. F. The preservation of such views will include certain focal points such as the Clock Tower and Rucksack Tower, which serve as prominent landmarks within Vail village and contribute to the community's unique sense of place." Furthermore, Section 12- 22 -5(C), Amendments, Vail Town Code provides criteria for review for the adoption of new view corridors: "Criteria For Amendments: The town council shall only approve an amendment to this chapter adding a new view corridor, deleting an existing view corridor, or amending the boundary of an existing view corridor if the amendment complies with the policies and goals of the applicable elements of the Vail land use plan, town policies, and urban design guide plans and other adopted master plans, and meets all of the following criteria: 1. If the request is to add a new view corridor or to amend the boundary of an existing view corridor in such a way which expands an existing view corridor: a. That the proposed view corridor or the boundary amendment protects and perpetuates a view or views from public pedestrian areas, public ways, or public spaces within the town which foster civic pride and are in the public interest for the town. b. That the proposed view corridor or boundary amendment protects and enhances the town's attraction to residents, guests and property owners. c. That the proposed view corridor or boundary amendment protects a view which is commonly recognized and has inherent qualities which make it more valuable to the town than other more common views." The Lionshead Redevelopment Master Plan provides additional criteria for the establishment of new view corridors as found in Section 4.4: "On May 20, 1997, recognizing the importance of visual connections, the Vail Town Council approved the use of the existing Town of Vail view corridor ordinance to designate the first protected public view corridors in Lionshead. In order to qualify for protection under the Town's ordinance, a view corridor must meet the following criteria: Town of Vail Page 4 8/2/2011 13 -1 -4 a. Is the view critical to the identity, civic pride, and sense of place of Lionshead? A nice view is not sufficient. b. Is the view seen from a widely used, publicly accessible viewpoint? Views from private property cannot be recognized or protected by this ordinance. c. Is the view threatened? Is there a possibility that development on nearby property would block the view ?" To adequately answer the questions regarding view corridors, it is important to first look back on the view corridors within Vail Village and Lionshead that currently exist. There seemed to be questions about the timing of a view corridor adoption — before development occurs or after development occurs. The original view corridors, all located in Vail Village, were adopted after significant development had occurred. This does not mean that views were not taken into consideration in the development of Vail Village. However, view corridors were not surveyed and adopted until the general development pattern and public ways had already been determined. In fact, some portions of buildings are considered iconic and are included in the view corridors. The view corridors in Lionshead were identified during the Lionshead Redevelopment Master Planning process. Of the five view corridors, only two were proposed to be adopted into the Town Code immediately. The other three recognized critical views but were not surveyed view corridors. Then, as redevelopment occurred, these views were taken into consideration and adopted as formal view corridors at a later date. No view corridors were established in the West Lionshead area, even though substantial development was anticipated for the site. It is not the intent of public view corridors to guide pedestrian circulation throughout Town. It is the geometry of the streets, the uses at grade level, and the architecture, which determine pedestrian circulation. The use of distinctive architecture, portals and gateways, and landmark architectural features that help guide people with glimpses of the environment and public spaces. For example, view corridor #1 from the third level of the Vail Village Parking structure gives you one glimpse of Vail Mountain that you do not see again on Bridge Street until the very top. A view corridor is not a view from where ever you are but rather an important glimpse from a specific location. The proposed view corridors contained within the Lionshead Redevelopment Master Plan are an attempt to identify critical locations to provide protected views to the mountain or a landmark and not an absolute point on the ground. The buildings and pedestrian areas will act to create the specific corridors to guide pedestrians throughout the project. The Planning and Environmental Commission will review the intent of each proposed view corridor and make a determination on the point of origin and the extents of the view to be protected. The three new proposed view corridors are those the applicant, staff, and Planning and Environmental Commission determined to meet the criteria of the Vail Town Code and Lionshead Redevelopment Master Plan. Additional Town of Vail Page 5 8/2/2011 13 -1 -5 critical views which need to be protected can be added by the Vail Town Council they feel additional view corridors comply with 2) Is a view corridor looking east towards the Gore Range necessary between proposed buildings WI and W3 looking east to capture a Gore Range view? 3) Would a view corridor looking east over the sewer treatment plant be warranted? 4) Would additional view corridors serve to guide pedestrians through Ever Vail to the connection to be constructed along West Lionshead Circle? 5) Can a bicycle traverse this grade differential without a dismount between buildings El and E2? Applicant response: VAIL PARKS & REC BEYOND E -2 E -3 W -2 RE E RES. RES RES. RES. RES. GST. RMS • 1 • RES. RES. RES. RES. FRON RD GST. RMS RES. RES. BRIDGE BEYOND RES. RES. HOTEL RES. RES. RES. I RETAIL - RESTAURANT RESIDENTIAL RES. / RES. AMENITY OFFICE SERVICE/ RES. P -1 RESIDENTIAL PARKING 1 RESIDENTIAL LOADING nMFNrr MECH. MOUNTAIN OPS YARD HOTEL B.D.H. P -2 MIXED USE PARKING P -3 MIXED USE PARKING RED SANDSTONE CREEK C SECTION THROUGH CREEKSIDE There is a grade transition for the site that is accommodated between buildings El and E2. This transition is necessary for a variety of reasons, including the underground improvements like Mountain Operations, along with the parking; the grades of the proposed Frontage Road, most notably the grade drop at the west end of the site to accommodate Simba Run; and the need to maintain reasonable grades as well as to accommodate emergency vehicles on the primary, pedestrian /retail street from the frontage road down to the gondola plaza. As a result, a bicycle cannot traverse this grade without dismounting at this location. However, it should be noted that there are many other possible routes for a bicycle to use without the necessity of dismounting. There is a path along the south side of Gore Creek which connects back into the site on both the west and east sides of the property. It is important to note the distance from one end of Ever Vail to the other is substantially less than that of Lionshead or Vail Town of Vail Page 6 8/2/2011 13 -1 -6 Village. Ever Vail is just under 3,000 ft. from west property line to east property line. For comparison, Lionshead is 6,000 ft. from the Ritz to the Evergreen; and Vail Village is just over 6,000 ft from the VVI to Golden Peak. It is not a significant distance to use the designated bike /recreation path to points of access which would not require a dismount. 6) What would the frontage road cross - section look like if a dedicated bike lane was included east bound and the pedestrian /bicycle path were reduced in width? Staff response: The roadway cross section was reviewed by the Planning and Environmental Commission, Design Review Board and Vail Town Council prior to the Town and developer submitting the plans to the Colorado Department of Transportation(CDOT) and Federal Highway Administration (FHWA). The request and approval process to move the Frontage Road and subsequent land exchange was complicated to initiate. The CDOT review and approval process is nearly complete to move the road. The final construction of the improvements is much further off. Now is not the appropriate time to adjust the roadway sections with CDOT and FHWA. Once approval of moving the road is obtained but prior to actual construction is the more appropriate time for any roadway adjustments. The Town of Vail is the applicant with the CDOT and therefore controls the process not the developer. IV. ACTION REQUESTED OF COUNCIL The Community Development Department requests the Vail Town Council continue the Major Subdivision, Ordinance No. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011 to the August 16, 2011 public hearing. V. NEXT STEPS Staff anticipates the following topics will be discussed in up coming hearings. Staff will open each public hearing by responded to questions raised at the previous hearing. • Phasing • Discussion of properties adjacent to Ever Vail and the future of the Eagle River and Sanitation District sewer treatment plant • Developer Improvement Agreement • Review of the Major Subdivision • Review of proposed rezoning Ordinance No. 7, Series of 2011, the amendment to SDD No. 4, Cascade Village Ordinance No. 8, Series of 2011, and the Zoning Regulations amendment Ordinance No. 9, Series of 2011 Town of Vail Page 7 8/2/2011 13 -1 -7 VI. STAFF RECOMMENDATION The Community Development Department recommends the Vail Town Council continue the public hearing on the request for the Major Subdivision, Ordinance No. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011 to the August 16, 2011 public hearing. Town of Vail Page 8 8/2/2011 13 -1 -8 RESOLUTION NO. 6 Series of 2011 RESOLUTION NO. 6, SERIES OF 2010, A RESOLUTION TO AMEND CHAPTER 4, RECOMMENDATIONS - OVERALL STUDY AREA AND CHAPTER 5, DETAILED PLAN RECOMMENDATIONS, LIONSHEAD REDEVELOPMENT MASTER PLAN, PUSUANT TO SECTION 2.8, ADOPTION AND AMENDMENT OF THE MASTER PLAN, LIONSHEAD REDEVELOPMENT MASTER PLAN, TO AMEND THE RECOMMENDATIONS FOR WEST LIONSHEAD (EVER VAIL) AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on December 15, 1998, the Vail Town Council adopted the Lionshead Redevelopment Master Plan; and WHEREAS, Section 2.8 of Master Plan outlines a procedure for amending the Master Plan; and WHEREAS, the Town of Vail Planning and Environmental Commission has held a public hearing on the proposed amendment on January 24, 2011, and has forwarded a recommendation of approval, with modifications, of the amendment to the Town Council by a vote of 3 -1 -2; and WHEREAS, conditions have changed since the Lionshead Redevelopment Master Plan was adopted which warrant changes to incorporate recommendations for the Ever Vail project; and WHEREAS, the incorporation of the proposed Ever Vail amendments into the Lionshead Redevelopment Master Plan are in concert with the Lionshead Redevelopment Master Plan; and WHEREAS, the purpose of this amendment is to provide detailed recommendations for the redevelopment of West Lionshead (Ever Vail); and WHEREAS, the Ever Vail project will be constructed over multiple years in several phases thus requiring Master Plan recommendations which memorialize the desired outcomes of the community at this initial stage of review; and WHEREAS, the Town Council finds that the proposed amendments improve and enhance the effectiveness of the Master Plan without negatively affecting the goals, objectives, and policies prescribed by the Master Plan. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: The Town Council of the Town of Vail hereby amends the Lionshead Redevelopment Master Plan as follows: The amendments to the text of the Lionshead Redevelopment Master Plan are indicated in bold ita /ics(additions), and strikcthrough italic ;(deletions). Text shown in green has been added since Planning and Environmental Commission Review to address comments by the Town Council. (in part) CHAPTER 4 Recommendations — Overall Study Area 1 8/2/2011 13 -2 -1 4.4.3 Ever Vail View Corridors The photos provided are intended to show a general view to be protected. Due to the existing development on the site and the proposed Ever Vail improvements, the exact views are not possible to photograph at this point in time. Upon completion of Ever Vail, the new view corridors should be photographed, surveyed and adopted in accordance with the provisions of Chapter 12 -22, View Corridors, Vail Town Code. View corridors within Ever Vail will need to be reviewed as an element of the of each major exterior alteration application in order to determine the location for the origin of each view. Tools such as, but not limited to, photo renderings and digital models will be utilized in this review. 4.4.3.1 Public View Corridor Six This view corridor looks south to the proposed park area confluence of Red Sandstone Creek and Gore Creek and the lift line up Vail Mountain. +ti f; v* ,,,,,' ',, ja, :—.----.--------_— : \cit ',..,n,-,- ' -4-.41,. 1 ISO ' i � . i$1 , i s ( . r. 1 ` i 1 i` } Awe Y � - � 1 �; � EE . t : � i i i . ` 4 ' TI 7 � A ; i _ Figure 4 -5a: Public View Corridor Six 4.4.3.2 Public View Corridor Seven This view corridor is seen from the Central Plaza, up the lift line of the Ever Vail gondola. This view is the defining view of Ever Vail, as it is in the center of the development, taken from a publicly accessible view point. The proposed gondola terminal is in the center of this view, and is integral to the view corridor. 4` " � • (rf' .• il .• s 1 .µ .� b Lf S 0A • = , g . . _. • ,aF P L' I. ti i ro f 4. a� 4 + `—+' , -. Y r Figure 4 -5b: Public View Corridor Seven 2 8/2/2011 13 -2 -2 4.4.3.3 Public View Corridor Eight This view corridor is intended to provide a visual connection to Lionshead, and is seen from the pedestrian connection into Ever Vail from West Lionshead Circle. This view is framed by the Vail Spa and Ritz Carlton Residences. •- ; !. � 1 . w 0 ■ • t. 1 ii „..- -11-1 : . 1 " - --ii - - - - - r — - f„. c;IT .4 ., .-1: , _ 4 Figure 4 -5c: Public View Corridor Eight 4.6.2 South Frontage Road Recommendations outlined below address the potential realignment e- alignment of portions of the frontage road, ingress and egress improvements, bicycle/ pedestrian improvements, and visual improvements. For a detailed discussion of capacity and the impacts of future development on the frontage road, see the traffic impact study contained in appendix A. 'e- - ' • e e - e e -- ' - - - e- _ - -- - - - - - - -e- . e - e . With Vail Resorts' potential acquisition of the Glen Lyon Office Building, and the acquisition of the Vail Professional Building and Cascade Crossing, realignment of the South Frontage Road along the south side of 1 -70 is a reality. Study of this realignment throughout 2007 and 2008 allowed the Town of Vail, Vail Resorts, CDOT and FHWA, to come to a general agreement as to the road section, right -of -way width, and access points. This alignment and design is the preferred alternative, and is indicated in figure 4 -9. 3 8/2/2011 13 -2 -3 I . - y .. Z� PROPOSE. --- "-�' / / O ' i - � ' ROUND AB9Lr . • s Y i t ! , 1 . , / • , 0 .„.. : li tliti • Mt nor `'. . ■ i;- I* �a O, r IY T °I • N� /J i' / !R C f SRANS -..TER S ! "r'-', X ; / /j,]f\ h,� t� " E PROPOSED FROWAD 4' � J - /,',A A � " ROAD RIBGE it / .k. FLWBING WALL TOWER � f V �' .. # , ora.ALAD. f / •+"K • ft- � Z 4 PEDESTRIAN BRIO , L I . t .. .$ a ' . . � j�/%�" i lr 7 ' \ " ' f * �' R£51OEN*IAL GARAGE _� L�f -4_ W O .�: ENTRANCE K } ® r� 4 a-,---- P ...tr,va ENTRAnE f ' i� Ir ¢ .. • - ` fit ; L • if ' , _ _ yy • :aao vc 4. . \%,,.. ey acE s a GAS REOLUTOR _ ' f y Et. F 41� M 1 t ° N 'RA, • • rl G Aa r • N i P LAZ A S TORAG EO SNOW i sl { WE O wF . QS 1 - d w ERYYSO 'A - e4' W �j by. A •' Ti;EASYENS �y Y`' L ' 1 � e]��� PLANS q PEP ..01E---, - .. ■ • 'r ' '.'.K r C b U � ... • S 1 r r L ' il r j is F .. ti L i _ eW J ..'. ,,, �` . r4 „0, !' fir - ` M • t± Y '.-- -r a ` - a 1 drgAll M 6 . ' . :s e atw i` Figure 4 -9: Conceptual Realignment of the South Frontage Road PoTENrIAL BUS /TRANSIT STOP .: oPosED MIXED USE BU ILOINC AREA CROUP. LOOR RETAIL ) MIXED USE ABOVE 1 / SKI AREA SUP •. • Wf SUR -GRADE MAICITENANCE - 4 � /PwRTAL p RIA' 1/l 1 GONDOLA - _ _ PARKING STRUCTURE F 4 • .r.”- ''- TIO ...;\ . '1 . 25'x ' Ns - -- • EASE fi t\ _- r AN y 4 __."._, ___, - $ �,.� - J� • i E I FIGURE 4-9 - EXI STING FRONTAGE ROAD ALIGNMENT / WEST LIONSHEAD DEVELOPMENT CONCEPT I .' 4 8/2/2011 13 -2 -4 Figure 4 -9 to be deleted. POTENTIAL BUS /TRANSIT STOP PROPOSED MIXED USE BUILDING AREA - f GRLS. • FLOOR RE ,/ MIXED USE AsoVE SKI AREA SU •: RTW /SUB -GRADE MAINTENANCE PEOE¢TRI NI I l PORtAL GONDOLA yt .. _ _ - . PARKING STRUCTURE 1 r. I - _.. d r r` 2 5 S,r�ri r t7 .„ / EASkri {�1T ... to r r f 1 i I 1 f F FIGURE 4 -9A — RE- ALIGNED FRONTAGE ROAD' WEST LIONSHEAD DEVELOPMENT CONCEPT t, ¶' . Figure 4 -9A to be deleted. 5 8/2/2011 13 -2 -5 POTENTIAL 300 SPACE PER PLATE PARKING STRUCTURE FOOTPRINT ON WEST DAY LOT MAINTAIN EXISTING FOREST ROAD ALIGNMENT POTENTIAL INGRESS/EGRESS • • INT - VAIL SANITATION , r ,.. - 1 � . • - - - - -r .- 7 .-- ....- -" \ _ ._:,, ..,., " . . ,, I. IP 'AIF e. j' . ... err 1 av . ��"''F J 4 s e "'''�G"1 1•i' L1,f + + # r , r �" ` �' „ow , ,,,.. ......---_-_.. „ ji 4774••• 14 not 4e‘ * t „.....,; 4 400/A 71 ' V' , ,,' f . 4 i iii ,- . 4 , , A di .. :.7„. .,,h .. 1 . 1 40 * 4r : ;Ar : vi 4 40. / . if , . .- - . . , .0- 0 /Pi:” 4 1 . , \ ilh i ..' 'k \ , • :„._ IIP ii 'y+ , w 1 , . s N r`�' V t Jr 7 r I a. - r‘l POTENTIAL RESS/EGRESS POINT - POTENTIAL 400 SPACE PER PLATE PARKING STRUCTURE FOOTPRINT POTENTIAL TRANSIT PICK- UP/DROP -OFF PO I Figure 4 -14 -Wert Linnshead Pariang Sbi c ure OpportwWies Figure 4 -14 to be deleted. 6 8/2/2011 13 -2 -6 (in part) CHAPTER 5 Detailed Plan Recommendations This section of the Lionshead Master plan examines individual parcels and groups of parcels within the Lionshead study area, excluding the residential properties on the south side of Gore Creek. The intent of this chapter — and the Master plan as a whole - is to identify important functional relationships and visual objectives within the district and to propose a framework for the long -term redevelopment of Lionshead. The document does not intend to limit or eliminate ideas relating to specific parcels; any proposals consistent with this framework should be considered even if they are not anticipated in this document. The parcels addressed here are organized generally from east to west, starting with the civic hub on the eastern end of the parking structure. 5.17 West Lionsh ad 5.17 Ever Vail Ever Vail is a 12.6 acre site and is located in West Lionshead (see Figure 5 -21). Ever Vail West hi-e-Rsia-ea-et includes the Vail Associates Service Yard, Holy Cross site, Vail Professional Building site, Cascade Crossings site, Glen Lyon Office Building site, and the former gas station site any Eagle - - - - _ --•. - _ ' -. The subject property is divided into two parcels within the Ever Vail Subdivision and should be zoned Lionshead Mixed Use 2 District. Ever Vail should be redeveloped to enhance and improve the guest and community experience and improve Vail Resorts' ability to service and maintain mountain facilities. Due to the large size of the development site, Ever Vail will likely be redeveloped in phases over time. Ever Vail should be a residential /mixed use hub that includes key components such as a ski lift (gondola), increased office space, new retail space, public parking, realignment of the frontage road, relocated mountain operations and maintenance yard, employee housing, a 100+ room hotel, public transit facilities, a community recreation facility and improvements for connectivity with the rest of Lionshead and Cascade Village for • edestrians, bicycles and vehicles. t , k , - . ; 1 ,e ; 010 4; 1 —‘,.... : 17 4 :1° ' a . yrr,_ . V .0 /1. 4 \ i ' 4 ' ' 0 . . I . ' ' \ . , T ier •-, • 7 � i, . • a t E. • • • . ,4k=1,- ,E, T ._ . A ..' Ct l CR EK J � - , . W r y. ' p .r.E - .• .. * 1 . 10 t ..S.:. a ,, � ' . s , r' ' E CREED _ ' � ' 44 Ir � . x� +' ■• _ ' Ot .' ". k J . • -4 u ; . ► 31 %; y • + - ' FF S7, .. i t ' M1 ' +� • )1 ItIL .. 7 8/2/2011 13 -2 -7 Figure 5 -21: Conceptual Ever Vail Site Plan 5.17.1 South Frontage Road Improvements and Vehicular Access Road and its retention in the existing alignment. While the introduction of lift service is viable in either of Road alignment. See Figures 1 9a, and 1 gb for thc Frontage Road r alignment alternatives. parcels. _ - - - - -e - - - ---e - - - - - - - - - - - - - - -- - from public view. Service and delivery truck turning maneuvers should not negatively impact traffic flow the location of service and parking ar as. a Retention of Existing Frontage Road Alignment If the Frontage Road remains in its current location the Maintenance Yard /Holy Cross parcels, the -- -- e . rcmain viable development sites. The most viable site fo - _ _ _ _ e - _ _ _ . e - _ _ - - Maintenance Yard /Holy CrosE, parcels. While other lift locations arc f asiblc, thc old gas station site is a viable location for a base terminal. This location would require a grade separated pedestrian crossing over the Frontage Road to the Maintenance Yard /Holy Cross parcels. A co ntig u o u s par In keeping with Policy Objective 2.3.1, Improved Acccc c and Circulation, of thc Plan, opportunities for public transportation and vehicular circulation improvements shall be explored in may include, an improved mass transit stop, relocated /reduced /shared points of entry /exiting, restricted access points, acceleration/ deceleration lanes, gr atcr sight distances, dedicated turning lanes, landscaped medians and skier drop off. current configuration of the Frontagc Road, the bus stops in front of said properties shall bc enhanced with, for example, shelters, benches, and landscaping. Pedestrian connections shall bc improved from the bus shelters, acrocc thc South Frontagc Road and to and from thc and signagc. 5.17.1 South Frontage Road Realignment The relocation of the South Frontage Road in the Ever Vail area has been a concept embodied in this master plan since its adoption in 1998. Ever Vail includes the relocation and realignment of the South Frontage Road consistent with the recommended actions and policy objections found in sections 1.3.4 and 2.3.4. The South Frontage Road realignment should be relocated as detailed in the road relocation plans approved by the Colorado Department of Transportation (CDOT) and as shown in figure 5 -21a. The relocated South Frontage Road includes a 2 -lane roundabout at the eastern end of Ever Vail. This roundabout connects the relocated frontage road with the new extension of West Forest Road. Legal and physical access to ERWSD shall be provided by Ever Vail property owners through Ever Vail to accommodate current uses and future development of the ERWSD property. On the South Frontage Road west of Ever Vail, a roundabout with a 8 8/2/2011 13 -2 -8 connection to the Simba Run underpass is anticipated and further described in section 4.6.6. The grades of the relocated South Frontage Road should be designed to accommodate the construction of the roundabout and Simba Run underpass (see figure 5 -21 b). The greatest benefit of this the realignment of the South Frontage Road altcrnativc is that it results in one vcry largo and contiguous development parcel and in doing so integrates the Maintenance Yard /Holy Cross site with the West Day Lot (Ritz - Carlton Residences) by removal of the barrier created by the existing Frontage Road alignment. It also creates the best pedestrian environment possible in creating an extension of the Lionshead Retail area in that it provides the potential to establish a convenient and desirable pedestrian connection to the rest of Lionshead. With this altcrnativc thc most viablc sits for a public parking facility would still bc thc Maintcnancc sits would not rcquirc a gradc ccparatcd pcdcctrian crossing to thc Maintcnancc Yard /Holy Cross parcels. However, a gradc ccparatcd crossing ovcr thc Rcd Sandctonc Crcck would bc nccdcd to link thc Holy Cross citc with thc Vail Profcscional Building citc. This altcrnativc would also prcccnt thc opportunity for cnhancing Rcd Sandctonc Crcck to makc it morc ctrcambank stabilization/ bcautification, natural ctrcam drop structures, intcractivc low flow arras and gcncral improvcmcntc for wctlands and wildlifc habitiat. Any modification or cnhanccmcnt to thc crock corridor would be cubjcct to U.S. Army Corp of Enginccrs approval. A strong act wcct oricntcd bctwccn this arca and thc rcct of Lionshead. 7 [ ^ , , ,) ) ,,,, \\) -----.? J J i I 1 040 ` a. io iv' d9 A y* __ ." 011 r -------------- ,,..0 ' ' rr. NA I % TRANS f CEN 'ER sue- ! ► .\ - EIATPiv;u y� / 14. jg a e � PROPOSED fRAIWAGE r �'+ F r � - ' ? RDAD $ BRIDGE 5�P t y • ? f ,, 41. THE RITZ RITZ GRLTO• i -. J " : .. RESIDENCES J _ CLW@rhG WALL TDW €R •A ()TEL PLAZA - / g i PEDESTRIAN SMOGS •. . �, i , w i * _ ) - -. 1 . J # 4# M y s y ■ PARK NG €NTRA'+aCE �a f" 1 L _ �t _ � 1! mCE � i y GAS REGULATOR � ! - _, Yw�. {� '' ' J � � 34 �'Y i 4 ;.ENTR,� �Yf _'' .. r = 1T.y a �s► H ST W E D 51V89+f ( - - - AO { T - , , ' ; $ TR4y5D 1 , � — e ^ _ 7 ; � h o \� PLANT t RArn t a 'n' + .- ]r� 1 ,cam - y 'M : . ...� ad' • .4 so ■04,100. l , 'e 4 , . „....:,..,.. 1 >'' A 4. ,... Figure 5 -21a: Conceptual Realignment of the South Frontage Road 9 8/2/2011 13 -2 -9 I • °x s , ' : -''';'' ' -I : :: 4 ° °11;;4 ''''''' 1 : - : lit ' # .' ' , ( ):. . 0 - eQ . . Vi\--— ` / a w� z. % . r, , , . s t f M.' � /rte- " . i 1 ' � r ` " 1 �• �I,' _—'' , '\_ / rM _'tom- T li• y - — - �F ,\ . '� r� ti Figure 5 -21b: Conceptual Grading Plan for Frontage Road Realignment 5.17.2 Vehicular Access and Circulation In keeping with Policy Objective 2.3.4, Improved Access and Circulation, of the Plan, opportunities for public transportation and vehicular circulation improvements shall be explored in conjunction with any future redevelopment of the South Frontage Road and interior roads within the redevelopment of the West Lionshead sites. Possible opportunities for improvements may include improved mass transit stops, relocated /reduced /shared points of entry /exiting, restricted access points, acceleration/ deceleration lanes, roundabouts at major intersections, greater sight distances, dedicated turning lanes, landscaped medians and skier drop -off. It is essential that Ever Vail provide safe and efficient access points from the road networks adjacent to the site. Legal and physical access to ERWSD shall be provided by Ever Vail property owners through Ever Vail to accommodate current uses and future development of the ERWSD property. The design for the relocated South Frontage Road anticipates the construction of a roundabout that connects the South Frontage Road to the North Frontage Road via the Simba Run underpass. To accommodate this roundabout, the South Frontage Road will need to include retaining walls to facilitate a drop in elevation as it moves west (see figure 5 -21b). The Simba Run underpass will cross 1 -70 and provide an additional connection between the north and south sides of Vail. 10 8/2/2011 13 - 2 - 10 Ever Vail shall comply with the loading and delivery requirements of the Vail Town Code. Loading and delivery with Ever Vail shall comply with Section 4.7, Loading and Delivery, of this Master Plan. Service and delivery truck turning maneuvers should not negatively impact traffic flow on the South Frontage Road, West Forest Road or Market Street. With a realignment of vehicular access points, attention should be given to the location of service and parking areas. 5.17.3 Parking Ever Vail shall be developed as a commercial core that includes mixed use development, pedestrian streets and plazas, direct access to transit options, bicycle and pedestrian connections and access to Vail Mountain. As a commercial core, Ever Vail should be incorporated into the Town's adopted commercial core parking areas, which allow for reduced parking requirements due to proximity to mixed use development. Ever Vail shall meet the parking requirements of the Vail Town Code. The appropriate parking requirements for ski lifts and other potential land uses that do not have a specified parking requirement will be determined by the Planning and Environmental Commission. Section 2.4: Ground Rules for the Master Planning Process, states that there shall be no net Toss of parking spaces now existing in Lionshead. Ever Vail must include parking spaces to offset displaced existing parking from the former gas station site and Maintenance Yard/ Holy Cross Site in accordance with section 4.8.1. These spaces are in addition to parking required by the Vail Town Code and any public parking spaces provided by Ever Vail. Ever Vail shall include an additional 400 public parking spaces, as identified in section 4.1.5: West Lionshead — Residential /Mixed Use Hub. These spaces will address long term parking needs, including the Town's goal to eliminate parking from the South Frontage Road as further detailed in Section 4.8.3.3b of this master plan. During development and phasing of Ever Vail, there will be periods of time when surface parking lots and staging areas may be necessary to meet skier parking and construction needs. Surface parking lots shall not be maintained as a long -term solution to meeting parking demand. The construction of a portion of the additional 400 parking spaces may be explored by the Town of Vail, within Lionshead, in conjunction with the Ever Vail development. Skier drop -off is an essential component of a successful ski portal. Skier drop -off at Ever Vail will improve the guest and local experience. The transit facility in Ever Vail should accommodate 10 -14 short -term or skier drop -off parking spaces. Short -term parking is a key aspect to community commercial uses, allowing customers to quickly and conveniently patronize establishments. Outside of skier drop -off and pick -up during peak periods, these spaces could be utilized as short -term parking serving the commercial uses in close proximity, such as the grocery store. Skier drop -off spaces are also envisioned in the parking structure on the west side of Ever Vail. Approximately 50 parking spaces should be available for short term parking and skier drop -off when not in use for children's ski school activities, which traditionally occur one day per week in the winter. These short -term parking spaces, given their location at approximately 500 feet from the gondola, would provide skier drop -off capacity in the event the short -term spaces in the transit facility are displaced due to expansion of bus activity. 5.17.4 Public Transportation Public transportation is an essential element to successfully connect Ever Vail to other portals, neighborhoods, and down valley. Ever Vail needs to provide access for in -town bus service, outlying bus service, ECO Transit buses plus hotel and lodge shuttles. 11 8/2/2011 13 -2 -11 Transit facilities are essential to facilitate the use of public transit, reduce parking demand and provide transit connections for employees housed in Ever Vail. Adequate transit provides an opportunity for employees, skiers, visitors and residents to connect Ever Vail with other neighborhoods and communities. Ever Vail shall include a transit facility located adjacent to the relocated South Frontage Road pursuant to section 1.3.5, which recommends creating dispersed transit facilities in Lionshead. This facility shall be designed to accommodate the Town's outlying bus routes as well as regional bus routes within a covered facility on the ground floor. It is anticipated that the transit facility will accommodate a minimum of four bus bays. In the long- term and as necessary, the facility may transition to up to 12 buses utilizing a pull off on the South Frontage Road. The transit facilities are envisioned as a bus stop facility with very short dwell times. An area accommodating up to two in -town buses should be located on the eastern end of Ever Vail (see figure 5 -22). Ever Vail should also provide a hotel and lodge shuttle drop -off area to accommodate visitors from other locations within Vail. The drop -off area should be a surface location on the west side of Ever Vail. The bus stop and drop -off area shall be enhanced with shelters, benches, landscaping and other similar improvements. - \ - 4. -) -1 . E7 i 11 T .:!\ \.,....„-) f l ' f • 5 �, 4 r z f, ,„.......,<.' �® IV` / i 0 - - '': 4 - .1*--., % tr-- ` ; T t - • r r E6' / e �, x i Figure 5 -22: Conceptual Transit Facility and Bus Stops 12 8/2/2011 13 - 2 - 12 LEGEND: 15 PAS`IN tfl=AP l L� R In anreri.usE wrH r 9,,, '.... ' ... A - 4 1 6 COwa..4a.OL t. E - S E.dr at c E-Z fne / CARLTON .. '- i \ .7 ''''...°.'- Ik P t A . ,I-ANT _ 446. ....„....41 iiiiii _-4.1.!-----. -* �i� s r R " - - .9SX�'G9CE Y Figure 5 -22a: Conceptual Transit and Vehicular Circulation 5.17.5 Gondola and Vail Mountain Portal Ever Vail shall include a gondola, which will transport visitors, guests, and residents to Vail Mountain. A gondola will make Ever Vail a mountain portal and will enhance benefits of Ever Vail to guests, locals and employees. The gondola will be located adjacent to Gore Creek and will generally travel to the base of the current Chair 26 where a new mid - station will be located. The gondola will replace Chair 26 and generally terminate in the Eagle's Nest area of Vail Mountain. The gondola route will likely require easements and other approvals from the Town of Vail when the route crosses Town -owned properties. 1. \ t - j - � r � - _ _ - '' Itwil - R I - - E r. - =. 4L. .E - r. • , e i ' - fr')414 ' - -wire--1--=_ i f ,, , C). - — - _ -. --... ••% -, -. - 4. -. .. 4. _ ,_, --e __ + vii i �"' \ , ,� 4 Figure 5 -22b: Conceptual Gondola and Mountain Portal 13 8/2/2011 13 -2 -13 5.17.6 Pedestrian and Bike Access As compared to a separate, free - standing portal, West Lionch ad Ever Vail is considered a part of the greater Lionshead area. In order for this area to be successful, it is important to have a strong pedestrian connection with the rest of Lionshead. Streetscape improvements including bike lanes or trails and sidewalks should be incorporated in any redevelopment along West Lionshead Circle and the South Frontage Road to improve the viability of mixed uses in West Lionshead Ever Vail. Improvements to street lighting, walking surfaces, trails, seating areas and public art that facilitate safe and attractive pedestrian and bike movement are strongly encouraged. Said improvements may necessitate the need for access easements through the sites. In the redevelopment of West Lionch ad Ever Vail, pedestrian and bike connections shall be made to integrate with the rest of Lionshead and Cascade Village. Pedestrian and bicycle enhancements shall include a new bridge connecting the Gore Creek Trail to Ever Vail, the redevelopment of the pedestrian bridge on the west side of Ever Vail, and path enhancements to the Gore Creek Trail connection into Cascade Village and the path connecting to the relocated South Frontage Road. All pedestrian path improvements must meet Town recreation path standards and provide a safe and attractive pedestrian and bike experience. The ability to traverse the site on a bicycle from west to east without the need to dismount should be considered in the design and evaluated in the context of all other bicycle connections. There it an existing recreation path that runs acrocc the southwest corner of the Glen Lyon Office Building site. If to provide a safe and attractive pedestrian and bike experience. The improvements shall include a public easement over the paths where necessary. Pedestrian connections between Ever Vail and West Lionshead Circle shall be improved to provide safe and attractive pedestrian crossings. Improvements may include raised crosswalks, change in paving material, safe harbors, medians, and signage. See figure 5 -22c for conceptual pedestrian and bicycle circulation plan. LEGEND: PEDESTRIAN ONLY IRx7WSE Ram I 0 1C11.9 Mal el . P.111 '' M131 1 i ' EVER van t. - A : - t' y 1� a � "' __,, Ai /1.7 z .--- _ ______. ____ _...,, , • . 14 8/2/2011 13 - 2 - 14 Figure 5 -22c: Conceptual Pedestrian and Bicycle Circulation 5.17.7 Public Spaces and Plazas Within Ever Vail, pedestrian plazas and walkways are essential to create an extension of Lionshead where pedestrianization has been a key element of success. Elements of successful public spaces include portals, edge definers, public space definers, landmarks and public art. These place- making elements improve pedestrian circulation and provide aesthetically pleasing places to congregate. They further enhance the livability of Ever Vail for employees, residents and guests. The creation of gateways and portal is encouraged as a basic component of redevelopment, especially in transition areas between different domains, or public, semi - public, and private areas. It is essential that public spaces and plazas are not shaded by buildings at peak use times. Further sun shade analysis will need to occur in order to ensure public spaces and plazas are not dark and unwelcoming to users. Outdoor dining decks are encouraged to bridge the gap between public and private space and provide vibrancy to the adjacent streets, walkways and plazas as further detailed in section 4.10 of this Plan. Chapter 8, Architectural Design Guidelines provides guidelines for these elements to ensure they are successfully implemented. Elements of the natural environment need to interact with public spaces in order to connect the urban and natural environments. Within Ever Vail, the improvements to Red Sandstone Creek, as further detailed in section 5.17.10, will provide public spaces for recreation and congregation that connect Ever Vail with the natural environment, as recommended by section 1.3.3. Provisions should be made for public access to streets, paths and plazas through easements or similar mechanisms to create a perceived public domain in Ever Vail. Additional dedications and /or easements are necessary to facilitate the use of property by the public. 4113/ lit --,..„_....„ .1 f ' ' - ...: .> N. . _ • ' - ♦ Jay 5, W • . r y ; o4" 111H:141::°"'r ' , , , , y '�JSED FRDIRE ■ r� fie n_i 5RIDDE , 0" THE Po(ZL tlwBIRG. MU. Ti]MER ¢, +,{ +J: >EDESTRIAN &RIODE r •_. iR ' � "`� ill. + AfS10EHTt &J. GARAGE + _ .. e , A,K,HGENTRANCE ■ � ' ' A 1 ■ " # ` g. G y ..Z ` Y , It I r ' L.JADNG ' Apc..cE t:114 4j • lit 3A5 A. ", R • • �i: _ { • Flf R '� 1 1 0 tot ■ T G VV • I k r F 7�fiF3l7 4y r .ED , BIKE a ' t 4 Lam- l r `, i4 ss ! fit -« ti :: d ■ -7R 0 4 te r• • '- . ti to* Ago" 0 AO 15 8/2/2011 13 - 2 - 15 Figure 5 -22d: Conceptual Plan For Plazas, Public Spaces and Connections 5.17.8 5.17.3 Preservation of Existing Office and Retail Space Section 4.1.5: West Lionshead- Residential /Mixed Use Hub requires Thcrc shall be an increase in office space and no net loss of retail space in Wcct Lionch ad Ever Vail. Opportunities for increasing the square footage of office and retail beyond the existing conditions in Wcct Lionch ad Ever Vail shall be evaluated during the development review process. Currently, Wcct Lionch ad offices and businesses in Cascade Crossing, Vail Professional Building and the Glen Lyon Office Building offer a variety of local services and amenities, which is important to preserve with the redevelopment of Wcct Lionch ad Ever Vail. During the winter months, the proposed gondola cki lift in Wcst Lionch ad Ever Vail and the associated parking will generate significant pedestrian traffic and activity. However, consideration shall should be given to how Wcct Lionch ad Ever Vail can be an active and vibrant place year- round. One way this can be accomplished is the reinforcement of a well- crafted program of specialty retailers, offices, and restaurants that attract both tourists and local residents. Also, quality architecture and the creation of appealing outdoor spaces in and of itself will encourage people to visit this area. An active program of public art, residential units that are used for "artists in residence" or a culinary school are examples of uses that could create a catalyst for activity. In conjunction with any application to develop a new ski lift, a market study which analyzes the appropriate amount of office /retail square footage shall be included in the redevelopment of Wcct Lionchcad Ever Vail. A fiscal and economic analysis was completed in December 2010 and is further discussed in section 5.17.9. Depending on the length of phasing, this report may need to be updated. There is approximately 30,000 sq. ft. of office space and 15,000 sq. ft. of retail space within the Glen Lyon Office Building, Cascade Crossings, and Vail Professional Building properties. This office space should be replaced within Ever Vail on the parcel located east of Red Sandstone Creek to provide maximized connectivity of commercial uses to the rest of Lionshead. In order to implement this policy, Ever Vail should include at least 34,000 square feet of office space and 30,000 square feet of retail space. 5.17.9 Development Pattern, Program and Uses In December of 2010, a Fiscal and Economic Analysis of Ever Vail was prepared by Economic Planning Systems. The analysis found that Ever Vail will likely produce positive fiscal and economic benefits to the Town. Ever Vail should reflect the recommendations of this analysis, namely that retail and restaurant space should be limited to approximately 55,000 to 65,000 square feet in order to create an economically viable commercial project complementary to the existing core commercial areas in Vail. Additional recommendations include the provision of hot beds, meeting space and a grocery store in Ever Vail. The land uses envisioned within Ever Vail are those allowed by the Lionshead Mixed Use 2 zone district. Ever Vail will generally includes 14 separate above grade buildings constructed above two below -grade structures with the bulk and mass conceptually shown in figure 5 -23 below. 16 8/2/2011 13 - 2 - 16 4 k .. ..„,,,,.... '§ ,*tr~ }— U fa ,..„, ..„,._ „,,,,.,..._.„. ..- 41 ` 5 " w 1 4 n ft Y " . l Yom 4 : • yy -.--- 9. Vii . . 1ti r.� M Y , v r .e t .. ` .4 3 ~` ., , :1.k ,,-,-!---=-- iiy -______,-.01 i. - , t ...erft7.. , ) a, - . 4 . • , .---- „ .01-ra /0: Figure 5 -23: Conceptual Bulk and Mass of Ever Vail The overall development program for Ever Vail is envisioned to contain the following land uses: Use Number Range of Square Feet (gross) Dwelling Units 350 -450 500,000- 800,000 Accommodation Units 100 -120 90,000- 100,000 Employee Housing Units 35 -45 40,000- 60,000 Office 1 -6 establishments 30,000- 40,000 Retail 5 -10 establishments 30,000- 35,000 Eating and Drinking Establishment 3 -6 establishments 20,000- 30,000 Spa 1 -2 establishments 8,000- 15,000 Skier Services / Recreation Facility 1 -2 establishments 10,000- 15,000 Ever Vail west of Red Sandstone Creek should be a residential neighborhood devoid of extensive retail or restaurant uses. However, several non - residential uses should be located on the west side, including, but not limited to, public parking, a space for community recreational activities, a children's ski program meeting area, and other ancillary resort related uses. The concentration of residential land uses on the west side of Ever Vail will serve as a population base for the commercial components within the east side of Ever Vail and for other commercial core areas. In furtherance of Policy Objectives 2.3.2 and 2.3.3, Ever Vail shall include a hotel and a 10,000- 15,000 square foot grocery store. These uses were identified in the economic and fiscal analysis as critical elements to the success of Ever Vail. A hotel brings life and energy to Ever Vail and improves the Town's inventory of "live" or "hot" beds, producing increased revenue to the Town. A nightclub or other entertainment facility would be a good addition to the east side of Ever Vail to provide a year -round use that has largely disappeared with the redevelopment of other properties in Town. Ever Vail provides an opportunity to relocate the Vail Resorts warehousing, office, and vehicle /snowcat maintenance facilities currently located on the property to a below grade facility connecting to the snowcat access bridge and trail to Vail Mountain. An alternative location for these facilities is on Vail Mountain instead of within Ever Vail. 17 8/2/2011 13 -2 -17 A number of conditional land uses may be appropriate in Ever Vail, subject to the approval of conditional use permits. These uses may include a ski lift (gondola), public parking facilities, conference and meeting rooms, residential uses on the first floor, recreational uses, and office uses. As identified in section 4.1.5, a ski lift is envisioned as a catalyst for the redevelopment of this site and more specifically, for the development of a structured public parking facility. 5.17.10 5.17.1 Relationship to Red Sandstone Creek and Gore Creek Red Sandstone Creek and Gore Creek abut the Ever Vail project. The realignment of the South Frontage Road provides increased opportunity to enhance these streams as community resources. Portions of Red Sandstone Creek and Gore Creek shall be enhanced with the preservation of wetland areas and enhancements to make these areas community resources of Ever Vail and the Town (see figure 5 -24). The project will preserve large trees and the relocate others where practical (see figure 5 -24a). ' - _ _ --e e-- — - - _ _ —e - — - - -e- - - _ - - _ Officc Building sits, formcr gas station sitc, Holy Cro:c sitc and thc Vail Profc:cional Building sitc. Any of this rcdcvclopmcnt aroo. A substantial stand of maturc trccs cxicts on thc banks of thc two crccks, with low lying brush on the shores. Evcry cffort shall be takcn to prcccrvc the substantial trccs and natural stoop clopcs along thc banks of both crccks. While the natural riparian corridor of these streams needs to remain protected and preserved, the physical and visual relationships and references between adjacent development and the stream tract should be strengthened. Improved public access and utilization of Gore Creek and Red Sandstone Creek for fishing and other recreational purposes is strongly encouraged to create a catalyst for activity and enjoyment of the streams in furtherance of Policy Objective 2.3.2 and as recommended by section 1.3.3. Enhancements such as streambank stabilization/ beautification, natural stream drop structures, interactive low flow areas and general improvements for wetlands and wildlife habitat are strongly encouraged. Any modification or enhancement to the creek corridor shall be subject to U.S. Army Corp of Engineers and Town of Vail approval. Development impacts imposed upon the creeks shall be mitigated. The stream health of Red Sandstone Creek post- construction shall not be degraded below pre- construction levels. The determination of steam health shall be measured for the extents of the Ever Vail project and not include impacts of development north of the interstate. Indicators of stream health can include, but not be limited to, aquatic life, suspended sediment, concentration of various elements, etc. Ever Vail shall include a public open space easement along Red Sandstone Creek generally following the 100 -year floodplain line, as recommended by the Town's Comprehensive Open Lands Plan and in furtherance of Policy Objective 2.3.3: Vitality and Amenities. This open space easement also implements the recommended actions of section 1.3.3 by improving connections with the natural environment and by creating green landscape corridors that penetrate into the Lionshead environment. 18 8/2/2011 13 -2 -18 .` • tf . 1 k, Illit 'Try . � ; Aio e,. ) ......-11,...„ r: ,.. -.., ... ,- mr-. ,.' . . ,,,,,,,:. .. it ___-_. , 114. tii ,.= j i) rif;-' mi,-..... y r 7. s - 1 . r � Al l ,„- ,a .. A „j 410 1 11114. ..t GORE CR `� 4 t3104 _ 4 Figure 5 -24: Red Sandstone and Gore Creek Improvements 19 8/2/2011 13 -2 -19 0 .....0.96.1•Ikalia c .■ 0 .01 ./.1.1.0.1 U < r ; r3l ' .'. ' - E f - -. . I • . , ''...- wi ; ' v.; .. T ' . ' ,..e . , . , : .......--,„: :..) ..,, ;,,,, 1_. • .> • • . ri } I , ° . �f ,mob i • "� .7' tom`` V ° 1 \ , , ....e. ' ' ‘,..; .k - .1,.$ .6 1, 4 ,,,•//,' N. , , 1 a ) t„. \ .ez i sr 4 ( 1 _ • _------ - - ---\ . S ,.„‘ 7 , , Y '4'4) ' , --- ' !. - :A.': „__ :c V ,n '.. . - ,. " -.V.' -t.T _ ---' - c _ 4 _ „".„..." ,:4 \ , . r • . 43 - , . , :- '4 •.' - y k 7-7 - ' ' . - ' . . ,. -_- - . — , --IF . 4 F, , . , Q.. I L - --:_,- Il '77 -- f \ .. Figure 5 -24a: Conceptual Tree Preservation and Relocation Plan 5.17.11 Employee Housing Employee housing has been identified as critical need within the Town of Vail. Employee housing provides an employee base within close proximity to jobs. Employee housing within the Town provides environmental, social and economic benefits including reduced traffic, increased transit use, improved livability and a strengthened sense of community. Section 4.9.4.3 West Lionshead identifies Ever Vail as an appropriate site to create dispersed employee housing opportunities for permanent local residents. Ever Vail is an appropriate site for employee housing due to its proximity to jobs, Vail Mountain, transit and the commercial cores. Community commercial uses, such as the grocery store, should be included in Ever Vail to accommodate the needs of employees living on site. Ever Vail shall meet the adopted Commercial Linkage and Inclusionary Zoning regulations to mitigate the development impact of employee generation. The provision of on -site employee housing must be coordinated with the Ever Vail construction phasing plan. 5.17.12 Development Standards 5.17.12.1 Building Height Buildings in Ever Vail should comply with the height limits of the Lionshead Mixed Use 2 District (82.5' maximum and 71' average). Notwithstanding the height allowances of zoning, buildings shall generally "step down" as they approach Gore Creek and the western end of Ever Vail (see figures 5 -25, 5 -25a and 5 -25b). Buildings along Gore Creek 20 8/2/2011 13 -2 -20 and the western end of Ever Vail shall express no more than three to four stories before "stepping back" to taller building mass. All buildings shall be articulated to avoid large expanses of shear /unbroken wall planes. The pedestrian area connecting the transit facility on the north end of Ever Vail to the gondola on the south end of Ever Vail shall be considered a Primary Retail Pedestrian Frontage for the purpose of measuring building height and "step backs" as described in section 8.4.2.3 of the design guidelines. r f. i F r te' i , j 4. Figure 5 -25: Conceptual Interpolated Grade Plan 21 8/2/2011 13 -2 -21 r � iii ...,:, - -- . ; . .......,„„....., ,, .. .. 4,0,-4,,-„,-„, , A--,,,,,,-,,,,,,,,, i'r .->---' 1111 NOr- agg 4 \,< i ,_ `' -rte Figure 5 -25a: Conceptual Maximum Average Height Plan /I h lici 1117 -' .. : + , f 1 , • * ,' -''' , qi p/ 7 "1/ 1 :ttt , r, J r MAX. HT. = 82.5 1 aF _ ' = MAX, HT.= 71.5 , i" / M: 14112-' . `F T = 56' = AX. HT, = 60 5' MAX. HT: = 47 \ 1} • MAX. HT. = 42 MAX. HT. = 37 _ Aiiiiii iill . . MAX. HT. = 24' Figure 5 -25b: Conceptual Maximum Height Plan 22 8/2/2011 13 -2 -22 5.17.12.2 Setbacks Setbacks are necessary to provide a buffer between Ever Vail and adjacent properties. Setbacks provide areas for landscaping, public art and other improvements that help reduce the scale of buildings and further connect the urban and natural environments. Along the South Frontage Road, the above -grade setbacks should be significant enough to accommodate mature trees to buffer Ever Vail from the South Frontage Road and 1 -70. Trees and other landscaping must be integrated into the Ever Vail setbacks rather than only in adjacent street right -of -ways in order to ensure landscaping remains should the right -of -way be utilized for roads or utilities. To facilitate subterranean parking structures, below grade setbacks could approach the Ever Vail property boundaries. Shoring may need to occur on adjacent properties. However, footings and foundations, etc. should be located within the Ever Vail property boundaries. Because Ever Vail is one development site, zoning only dictates the setbacks around the perimeter of Ever Vail and does not regulate the separation of buildings internal to the site. Special attention should be paid to the sun shade analysis to ensure that buildings have adequate separation and allow sunlight to penetrate public outdoor spaces such as walkways and plazas. Figure 5 -25c depicts the spatial relationships between buildings, setbacks and landscaping. r s . .. t ➢ J ' l / a .4' d ! ' l r ' • ` ■ i AM .. + fie Y .y `f�� i . f .ate f t1 N � t � . ~ - � . Sly" ' . „g, Jr : . --- J I .' '� R- 7 777,, •. *, r" '`s4 - _ s •. - ) „•,..,,, a ` . _ ';... s ++ l Figure 5 -25c: Conceputal Landcaping Plan 5.17.12.3 Landscaping Landscaping serves many purposes, including the provision of shade, aesthetic enhancement, stormwater management and a connection to the natural environment. Landscaped areas also provide snow storage, seating areas and visual variation. It is recognized that Ever Vail may include extensive below grade building site coverage. Landscaping installed over underground structures may be calculated as landscape area 23 8/2/2011 13 -2 -23 when it is permanent and provides adequate soil depth to allow vegetation maturity. However, landscaping over underground structures does not contribute adequately to stormwater management and additional measures will need to be taken to address this issue. Non- permanent landscaping such as potted plants have proven to be ineffective in achieving the intent of the Town's landscaping requirements and are strongly discouraged. Mature trees mitigate the visual impacts of buildings. Large trees should be planted on the north end of Ever Vail to provide a buffer along the South Frontage Road. It is understood that in order to relocate the South Frontage Road and to develop Ever Vail, existing trees will need to be removed. Where possible, existing trees should be relocated rather than removed. r *Ow i if `\ N's„ 111 itc R I '1 . .i1■..#' • Figure 5 -25d: Conceptual Landscape Plan 5.17.12.4 Site Coverage 1,THIS PROPOSED SECTION CAN BE DELETED AS SITE COVERAGE IS CLEARLY COVERED WITHIN THE LIONSHEAD MIXED USE -1 AND 2 ZONE DISTRICTS) Redevelopment in Lionshead has commonly included below grade structures to facilitate subterranean parking, storage and loading and delivery. Often, the footprint of these below grade structures is larger than the buildings constructed above. Ever Vail may include two below grade parking structures that will constitute the majority of the site coverage on the site. The anticipated Ever Vail site coverage is further depicted in figure 5 -25e. 24 8/2/2011 13 -2 -24 r r, • . s wry -- L • Figure 5 -25e: Conceptual Site Coverage 5.17.13 5.17.5Architectural Improvements The architectural design guidelines (Chapter 8) discuss several transition tools that can be used to adapt an existing building to the new character and architectural quality desired for Lionshead. Given the high visibility of the buildings in Wcct Lionch ad Ever Vail and the extent to which they influence the quality of the experience of passers -by, all future development of the sites should be closely scrutinized for compliance with the applicable architectural design guidelines. The architectural design guidelines identify the architectural qualities desired in Lionshead. Ever Vail should have a unique architectural character that may be a contemporary expression of alpine architecture. It should nevertheless compliment the materials, forms and style of more traditional Vail architecture. For properties that are east of Red Sandstone Creek, in West Lionshead, higher densities and building heights may be appropriate, particularly to encourage the development of employee housing. However, any development must meet the overall character and visual intent of this master plan and be compatible with the adjacent existing development of the Marriott Ritz - Carlton Residences and the Vail Spa. beresponsivo tot Gorc Crcck and Rcd Sandstone Crcck corridors, in that buildings shall gradually "ctcp down" at the creek sides. Building hcight and massing shall also "ctcp down" towards the standards is that building height reduces by entire floor levels in the locations as generally depicted on Figurc 5 25. 25 8/2/2011 13 -2 -25 west oricntation, building hcight and massing shall also "stop down" in a north/ south orientation. avoid large cxpanscs of sh ar /unbroken wall planes. 5.17.14 Green Building The Town has adopted an Environmental Strategic Plan that outlines goals, objectives and policies to promote green building. Ever Vail shall incorporate green building principles and techniques. Ever Vail should be designed, constructed and operated to achieve green design principles. To accomplish green building, it may be necessary to provide flexibility from Chapter 8: Architectural Design Guidelines. For example, flat roof areas may be incorporated more than typically permitted to allow space for solar energy devices. 5.17.6 Rcdcvclopmcnt Considcrations for Glcn Lyon Officc Building sits frontage along Gorc Crock, it is appropriatc to recognize certain development limitations and opportunitics rcgardlccc of thc undcrlying zonc district. 5.17.6.1 Hcight e. - . _ - 1 I Hcight Limitations. Notwithstanding thc hcight limitations sct forth in Figurc 5 25, thc maximum hcight for buildings on thc Glcn Lyon Officc Building sits shall not cxcccd 56 fcct. 5.17.6.2 Residential Land Use and Density Existing physical improvcmcnts on the Glen Lyon Office Building site includc a thrcc story building with 10,829 square foot of general officc space and a surface parking lot. Because of the _ _ e-- _ - _ _ ore Crock, it's accessibility to Lionsh ad Village, and the adjacent potential redevelopment including a ski lift and activity ccntcr, it may bc appropriatc to introducc a mix of uses on site. If residential uses arc proposed, thc use shall bc consistent with thc Master adjaccnt uscs and Gorc Crock. Rcsidcntial uses should bc located on thc basement or garden Icvel and second floor and above in buildings on site. If residcntial uses arc proposcd on the street Icvcl or first floor, thc vitality of 5.17.6.3 Officc Land Usc squarc fcct of officc space shall bc rcplaccd and incr aced on citc. 5.17.6.1 Employcc Housing All (100 %) of thc cmploycc housing rcquircmcnts ascociatcd with thc Glcn Lyon Officc Building sits, as rcquircd by thc Vail Town Codc, shall bc mct on citc. 5.17.6.5 Landscapc Prcscrvation & Relationship to Red Sandstone & Gorc Creeks 26 8/2/2011 13 -2 -26 lino and thc Gorc Crock along thc south property linc. The rcdcvclopmcnt of thc Glcn Lyon Officc Building citc should concidcr how thc crccks can bc cnhanccd and made an amcnity of thc ar a. A substantial stand of maturc trccs cxists on thc banks of thc two crccks, with low lying brush on thc chores. Evcry cffort shall bc takcn to prcccrvc thc substantial trccs and natural ctccp clopcs along thc banks of both crccks. Whilc thc natural riparian corridor of thccc ctr ams 5.20 Eagle River Water and Sanitation District (ERWSD) While this parcel would certainly be a viable development site, the costs to relocate current uses at this site, particularly the treatment facilities, are significant. For this reason it is assumed that the waste water treatment facilities will remain in their existing location. A viable altcrnativc to rclocating thc cntirc g would bc to rclocatc thc District's officcs and construct "air right " e- _ _ - - - _ _ _ . --e around thc treatment facility. ERWSD property is located within West Lionshead adjacent to Ever Vail. Legal and physical access to ERWSD shall be provided by Ever Vail property owners through Ever Vail to accommodate current uses and future development of the ERWSD property. 27 8/2/2011 13 -2 -27 r ESTRIANiTEANSII' CORRIDOR V4JIL SANITATION PLANT RE- ALIGNED FOREST ROAD COMECTIDN I - "Ann ft, 1 ' '`• . ,..- t y .,. AL:. ..,.., ' ep , ar 11111. iv 4. - Tti e .2 . 4 1 . ' . 1 a .,-,. , - ___,. k - ik,,.. v. . .,.-: . R4.... ° s � r t ' Z I 1,.. .....,..: • � L lit T ..... - „�" `1 I I' { �. 1 .. i ' ".rte w a,swo•■• / t '': *.1 `mo a� 1 ;Le V' ,r %. %. REDU 0 SCOPE VAIL ASSOCIATES 1 1111St EMPLOYEE HOUSING D: a 0PMENT PARCEL VAIL ASSOCIATES SERVICE YARD _VE OPMENT PARCEL WEST DAY LOT DEVELOP/ANT PARCEL Figure 5-21 - if''sst Lwnshe 4 Circulahz n A lte native 'A° - Sow* t rontage Rxui R1 •.4 itgnm Pu Figure 5 -21 to be deleted. 28 8/2/2011 13 -2 -28 PtDEsT iAN.TRA14STT CORRIDOR MAINTAIN EXISTING FOREST ROAD CONNECTION VAIL SANITATION PLANT f POTENTIAL MOUNTAIN SERVICE ACCESS RO ;r ._. s e 'h. + V - ii - 461011, _ s y ..ie y .y' i +y,+ �` A .7 - lir +. ` - ' `mo w *~ w -. '�.- 1,. ` � ` .3. tv r •„ 1 • -,, .. R r; y 1 ' f .* ..t om �►� 1 :44 I ..,t , I 4 . ,,,, Ir• ( ''..- vs% „.. 41. ......1 --. 1 ", i . .., i f,....,,, , I.& \ .N '.... .... ...11 WIIF .: '' ' ''� RF_At IGNF) Rat mu `;iN: ` � / , - FRONTAGE ROAD . G ,/ � - � Alp '� '" ' 'DIKED SCOPE VAIL AS'��,'IAI - E5 } : Je - `� TCF YARD L EMPLOYEE HERVI CE G I]EVt IAPMFNT PARCEL VAIL ASSOCIATES SERVICE DEVELOPMENT V ELOPMENT PARCFI DAY I f T T1FVF. oPMF!YP PARCEL R=. r �It WEST LIONSI .AD CIRCLE F": 5 -22 -'Wot LiontheadCirculanon Alternative B' - Seeds Fituttar Rand Re-Alignment Figure 5 -22 to be deleted. 29 8/2/2011 13 -2 -29 EXISTING FOREST LOAD ALIGNMENT VAIL SANi7P.11(..1N PLANT POTENTIAL MOUNTAIN SFKVICE Access ROUTE 4 + 0 _. � � /tom 1 lire' 1 c � + •46w' V" . -...7 V i ■ L P. " v. "— ,..., "" „ __ . - 11 ,...... ... " ...... - t: V 4 c4 ; .417° *' re° 1611\ - -N.. II ; - t■ * / 1 1 ` It i: . .. ' -V. 14 '" 4 I i t .1'46 ' ..... A .� f y! V.; r 0 vi a ■•••• I. I ,.../ .7 - . `. ' . 1/4.._, ;!: , `, '-- .'v L . i +.. a FIN ICF _OFF VAf_ ASSOCIATES ' SERVTCE ' ' t ar � `► • EMPLOYEE T1OUSING 0 k OPME TT PARCEL VAIL ASSOCIATES SERVICE YARD O 4' OPM N"TPARCEL L ' EiDE'.S'TRIAN CROSSING ACROSS SOUTH FRONT ROAD 1, AIN EXISTING BOUT' -I 'FRONTAGE ROAD ALIG 1 a WEST LOT DEVELOPMENT PARCEL EXISTINO a"T LSUNSHEAD CIRCLE ALIGNMENT Figitre - • ' 3 - mart Liwukead Cif Ahern 'A' - Winton Existing Traffic Fatter' Figure 5 -23 to be deleted. 30 8/2/2011 13 -2 -30 1 ()ORE CREEK RECREATION PATH il l POTENTIAL IAi.. VVE.ST DAY LOT DEVELOP ► f � : 1'. 61 - -*.; ‘;'‘ *. '' ' t i. 1 - - :' 'a ' —.64 li 1 .7k. I ... • 4 , o ft „,9,„ , --....„, _.\..„, . ..% :‘- ..k... 1., ...... • -, - ‘ , ., ..._ \ 111 . , t ,,, ,,,,,,,,,,, ......., ,„,,,„„ - 1., r i-L`‘.• If ,, t,,,, l , . 4.;sf a J 1. to RE-AL NED FOREST ROAD POTENTIAL VAIL ' . ,CRTS SERVICE YARD DEN : OPMENT WEST I.IONSHEAD TRANSIT/P ■ 'TITIAN CORRIDOR 1 -- PEDESTRIAN PATH "GREENBELT' [ ONNECII TO GORE CREEK CORRIDOR WEST LIDNS1 EAD CIRC".F PRIMARY PEDESTRIAN W Figurer 5 -24 Figure 5 -24 to be deleted. 31 8/2/2011 13 -2 -31 Z , ' J i z • a im , 141111 14 0•0 ''' , ,._ ,. , _, a j IN H I N ', ha u w A a o` u X n x Z 0 • . _1 © ,_ , m 0 . d W u; I ¢ Z X l7 N 0 C y iy • hiJ 1- uq to t. 0 W = • + N 0 Ln w cc x c] 7 Q > 10 ti C \ . \ yyy Figure 5 -25 to be deleted. 32 8/2/2011 13 -2 -32 INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this XXs day of XXXXXXX, 2011. Richard D. Cleveland, Mayor of the Town of Vail, Colorado ATTEST: Lorelei Donaldson, Town Clerk 33 8/2/2011 13 -2 -33