HomeMy WebLinkAbout2011-09-20 Agenda and Support Documentation Town Council Evening Session VAIL TOWN COUNCIL
EVENING SESSION AGENDA T O M [JF All :'
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
6:00 P.M., SEPTEMBER 20, 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: Citizen Participation (15 min.)
PRESENTER(S): Public
2. ITEM /TOPIC: Consent Agenda:
1) EHU Exchange Request (5 min.)
PRESENTER(S): Nina Timm
3. ITEM /TOPIC: Town Manager Report:
1) USA Pro Cycling Recap /Review;
2) Divas Half Marathon Recap;
3) Update on the Frontage Road Improvements; and
4) Municipal Site Redevelopment Update. (15 min.)
PRESENTER(S): Stan Zemler
4. ITEM /TOPIC: Building and Fire Code Appeals Board Appointment (5 min.)
PRESENTER(S): Pam Brandmeyer
ACTION REQUESTED OF COUNCIL: Appoint one member to the BFCAB
to fill a vacancy that expires March 2014.
BACKGROUND: A vacancy was created when a board member, Lynn
Fritzlen, resigned. The Council interviewed the one applicant that submitted
a letter of interest for this board. The Council needs to appoint one new
member to this board which term expires March 31, 2014 or direct staff to
continue to publish for this vacancy.
STAFF RECOMMENDATION: Appoint one member to the B &FCAB or
direct staff to continue to publish for this vacancy.
5. ITEM /TOPIC: Resolution No. 18, Series of 2011, a Resolution Approving a
Compliance Agreement Between the Town of Vail and Comcast of Colorado
VI, LLC; and Setting Forth Details in Regard Thereto (30 min.)
PRESENTER(S): Ron Braden
9/20/2011
ACTION REQUESTED OF COUNCIL: Approve and authorize the Town
Manager to sign and enter into the Compliance Agreement with Comcast of
Colorado VI, LLC
BACKGROUND: The Franchise Agreement remains in full force and effect
and is extended on a month -to -month basis pursuant to Section 626 of the
1984 Cable Communications Policy Act on October 19, 2010. Comcast of
Colorado VI, LLC ( "Comcast ") provides cable television service within the
Town under a franchise agreement that expired on January 5, 2011 (the
"Franchise Agreement "). The Town Council directed staff to hire a third
party to inspect and audit the cable television system, and the associated
report, found between 1500 and 2500 technical violations of the current
Franchise Agreement. The Town and Comcast wish to enter into a
Compliance Agreement (the "Agreement ") to outline the terms under which
Comcast will remedy the violations identified in the audit. Proof of compliance
with the current Franchise Agreement is required prior to Council considering
a new Franchise Agreement.
STAFF RECOMMENDATION: Approve and authorize the Town Manager to
sign and enter into the Compliance Agreement with Comcast of Colorado VI,
LLC
6. ITEM /TOPIC: East Vail Utility Project Award (5 min)
PRESENTER(S): Chad Salli
ACTION REQUESTED OF COUNCIL: Authorize the Town Manager to
enter into an agreement, approved by the Town Attorney, with Schofield
Excavating, Inc., to complete the project.
BACKGROUND: The East Vail berm utility project is located in the Bald
Mountain Neighborhood on Town of Vail Tract A and 1 -70 Right of Way. The
scope of the project includes relocation of water and sanitary sewer mains
and drainage improvements to facilitate the west phase of the sand storage
berm. The town received six bids for the project, with Schofield Excavating,
Inc., the apparent low qualified bidder.
STAFF RECOMMENDATION: Authorize the Town Manager to enter into an
agreement, approved by the Town Attorney, with Schofield Excavating, Inc.,
in an amount of $193,285.16 to complete the project.
7.
ITEM /TOPIC: 2011/2012 Winter Parking Plan (20 min)
PRESENTER(S): Greg Hall
ACTION REQUESTED OF COUNCIL: Approve the Winter 2011/2012
Parking Plan
BACKGROUND: Each year the council approves the winter parking policy
objectives, parking rates, parking pass prices and use rules outlying parking
areas and any operational changes for the upcoming season.
STAFF RECOMMENDATION: Approve or approve with modifications the
winter 2011/2012 parking plan
9/20/2011
8. ITEM /TOPIC: Presentation of revised concept plan for Lionshead East Mall
Plaza Streetscape Project. (30 minutes)
PRESENTER(S): Greg Hall
ACTION REQUESTED OF COUNCIL: Please refer to attached
memorandum.
BACKGROUND: Please refer to attached memorandum.
STAFF RECOMMENDATION: Please refer to attached memorandum.
9.
ITEM /TOPIC: This work session will focus on addressing several questions
raised at the August 2nd Town Council public hearing which focused on
wrapping up the discussion pertaining to the proposed Master Plan
amendments for the Ever Vail development. This work session will respond
to questions from the previous hearing and ask for clarity on several topics
so amendments to the proposed text contained within Resolution No. 6,
Series of 2011 can be wrapped up and presented at a future hearing for a
vote.
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
9/20/2011
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,
Ordinances No. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of
2011 to the October 4, 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
9/20/2011
recommends the Vail Town Council continue the public hearing on the
request for the Major Subdivision, Ordinances No. 7, 8, and 9, Series of
2011, and Resolution No. 6, Series of 2011 to the October 4, 2011 public
hearing.
10. ITEM /TOPIC: Adjournment (8:50 p.m.)
9/20/2011
JOWWM OF .
1� �l
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: September 20, 2011
ITEM /TOPIC: Consent Agenda:
1) EHU Exchange Request
PRESENTER(S): Nina Timm
ATTACHMENTS:
EHU Exchange Request
9/20/2011
TOWN OF VAIL�
Memorandum
To: Vail Town Council
From: Community Development Department
Date: September 20, 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
The owner of Lot 9, Block 7, Vail Village First Filing 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 provide a new deed restricted employee housing unit that is 3 times the square
feet of the existing deed restricted employee housing unit in Vail. The unit has been
identified and approved by staff.
9/20/2011
2 -1 -1
III. STAFF RECOMMENDATION
The Community Development Department recommends the Vail Town Council approve
the proposed exchange of an employee housing unit located at Lot 9, Block 7, Vail
Village First Filing.
Staff recommends the following motion be made:
"The Vail Town Council authorizes the Town Manager to execute a deed
restriction release and approves the request 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 Lot 9, Block 7, Vail Village First Filing, in exchange for new
deed restricted employee housing in Vail, and setting forth details in regard
thereto."
Town of Vail Page 2
9/20/2011
7 -1 -2
JOW'M OF .
1� �l
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: September 20, 2011
ITEM /TOPIC: Town Manager Report:
1) USA Pro Cycling Recap /Review;
2) Divas Half Marathon Recap;
3) Update on the Frontage Road Improvements; and
4) Municipal Site Redevelopment Update.
PRESENTER(S): Stan Zemler
ATTACHMENTS:
Divas Half Marathon
USA Pro Cycling Recap
Municipal Site Development
9/20/2011
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DIViS
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DIVAS HALF MARATHON
Vail, CO - August 19 -2 `h , 2011
9/20/2011
3 -1 -1
Event Demographics - Vail
August 19 -21, 2011
Event % Number Age Breakout % Number
Half Marathon 86% 808
19 and Under 3% 28
5K 14% 131
Total 939 20 -29 22% 204
30 -39 37% 346
Gender % Number
:. eakout 40 -49 24% 229
Female 99.3% 932 50 -59 11% 103
Male 0,7% 7 60 and Over 3% 29
Total 939 Total 939
DIVAS
9/20/2011 LtI rnaraa im'
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3 -1 -2
Event Demographics - Vail
August 19 -21, 2011
Household Income I Number Educational Level % Number
$0- $25,000 7% 27 High School 8% 36
$25,001 - $50,000 15% 54 2 Year College 8% 38
$50,001- $75,000 14% 52 4 Year College 41% 186
$75,001- $100,000 17% 60 Graduate Degree 34% 153
$100,001- $125,000 17% 61 Some Post Graduate 9% 39
Over $125,000 30% 107 Degree
Total* 361
Total* 452
° Number
=GENE 461 Number African American 1% 6
Married 64% 267 Asian 2% 9
Single 36% 147 Caucasian /White 66% 274
Total * 414 Hispanic /Latino 30% 127
Other 1% 7
Total * 423 WAS
S
* This is not a mandatory questiork o oply a portion of the participants submitted an , ,, . it,
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3 -1 3
answer as reflected in the charts -
Economic Impact - Vail
August 19 -21 2011
Geographical Number State /Terr Number
Breakdown Breakdown
Eagle County Residents 11% 103 California 26
CO - other than Eagle 68% 644 Texas 24
County Wyoming 16
Other States /US territories 20% 187 Utah 12
Other Countries 1% 5
New Mexico 12
Total 939
Arizona 8
__ Florida 11
v - Oklahoma 8
" >? Illinois 7
ill l ir . . , . _
Other 26 states 63
�' Total 187
k' ' ' A of -- .
3 -1 -4
Economic Impact - Vail
August 19 -21 2011
Economic Impact Factors* Number
Average number of days in town (non Eagle county 2.34
residents)
Estimated Room Nights per questionnaire 2,620
Attendance Factors* Number
Average number of people in party (including runner) - out of Eagle County 3.13
Average number of people in party (including runner) - from Eagle County 1.35
Total Attendees based on ratios above 2,442
Volunteers £x Spectators (Eagle County residents) 250
Total Event Attendance 2,692
Direct Economic Impact 11 $798,000
Indirect Economic Impact � $1,197,000
*AII participants are required to fill out a questionnaire when they register about their visit to Vail. All Eagle
County residents are excluded from having any calculations related to economic impact.
y r .
x.75
9/20/2011
3 . 1 .5
Testimonials - Vail
August 19 -21, 2011
"Had TONS of fun on my first half marathon!!! THANK YOU please come back
to Vail next year!!!!"
Tara Lynn
"Thanks for a great race and a challenging race! This was a great weekend from
top to bottom! Met some terrific new friends...I mean DIVAS!!!"
Angela Amans
"LOVED the Vail course!"
Peggy Woods
"From a Vail Valley local, thanks to all the Vail Firefighters and local volunteers
for supporting us on the race course. Great run!"
Didi Doolittle
gs
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Course Map - Vail
MAP KEY ELEVATION MAP (FEET) VAIL. COLORADO - AUGUST 21.2011
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August 19 -21 2011
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August 19 -21, 2011
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August 19 -21, 2011
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August 19 -21, 2011
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Bibs - 1,200
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August 19 -21 2011
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Honolulu, HI - Apn117 • Roses and Champagne Toast
F , 1 em Long Island, NY -Oat 2 • Ti & Feather Boa State `1 n , .1
San Juan, PR - Nov. 13 • Awesome Finisher Medal `,
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August 19 -21 2011
VOA, Monthly
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DIVAS HALF MARATHON® AT VAIL REGISTRATION
CONFIRMATION & LAST MINUTE INSTRUCTIONS •Monthly Newsletter to
,, ,, ■_ .t.,. E ...:1 distribution database
Hello Diva Maria Poz, of over 60,000 and
filEG ITM NOW
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5�.,na events are , 11 October 2. 2011 •Other one time event
days away and we wanted to
provde You some .as:
minute infarma _ specific offers information
Packet Pick Up • Health & Fitness Boutique distributed in August
Reese rote your bib number since you wall reed it to p.c. i ■2912
uo your Matt — __ Over 340,000
alai • Custom i16W 2
Mlw 1 X22 newsletters
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Our Health • Fitness bout•eus is located at the _.__
distributed
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715 West lionShead O.I. c
Vail, CO 91657
Your packet. including your raca number, Mec1,DniC 'mum; t.ng • • sors"
cnp. Lath tea and a bag full of gooses, needs to tw cuckoo
u0 at tnc Bou ^.•Qua Tnc 150.G,,.. Pours are
Friday. August 19 from 4 ;00 PM to 7:00 PM
Saturday, August 20 from 10:00 AM to 6:00 PM
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and meet our husky trainer, Kendnc9, and our vary awn ?SPITS world nutritionist, Use Dorfman. both of than wlil be offering consult! do vainleg and ruvlt)an in tlhe.r .1
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Collateral - Vail
August 19 -21 2011
Diva APP
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` "' " ' " + Race management was
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375' o 4 sponsors of the event.
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over race weekend
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9/20/2011 tho
3 -1 -14
Collateral - Vail
August 19 -21 2011
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San Francisco Bay, CA
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August 19 -21, 2011
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Other Locations: • Amazing course in the Valley 1 m p ressi 0 n s
Honolulu, HI - April 17 • Roses and Champagne Toast
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' San Juan, PR - Ncv. 13 • Awesome Finisher rnl'7vit 111 , Medal C
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August 19 -21, 2011
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and /or half marathon
,• • -, ., ,
• health Et fitness expos from
'" ` Oct 2010 to August 2011.
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Thursday 8/25 - 31% Increase
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9/20/201
3 -2 -3
I - Exceptional Reach J
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3 -2 -4
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Vail Tirne Trial 1 illk, /(4,4%
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9/20/2011
• •
3 -2 -7 t
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4 4 L EN' I �/r MILLENNIUM ,,,,A �. � I PROM •r, �w._.
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• 1
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by Thanksgiving _ , 1► ; ,� y
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TO WN OF VAIt
Memorandum
TO: Vail Town Council
FROM: George Ruther, Director of Community Development
Stan Zem ler, Town Manager
DATE: September 20, 2011
SUBJECT: Update on the Municipal Site Redevelopment Project
SCOPE OF SERVICES WITH TRIUMPH DEVELOPMENT, LLC
On May 17, 2011, the Vail Town Council approved Resolution No. 10, Series of 2011, a
resolution authorizing the Town Manager to sign a contractual agreement for pre - development
services with Triumph Development, LLC to formulate a potential cost and financial alternatives
and create a conceptual development program for the redevelopment of the Town of Vail (ToV)
municipal office site. This agreement was executed and the Town has been working
cooperatively over the last four months with Triumph Development LLC and our partners the
Vail Valley Medical Center /Howard Head (VVMC /HH), the Steadman - Philippon Research
Institute (SPRI) and the Steadman Clinic (SC). The scope of services and deliverables required
in the agreement includes confirming spaces requirements, investigating physical constraints of
the development site, formulating cost and financial alternatives of the potential project, and
formulating a development program and a business deal for all parties. These services and
deliverables have been provided pursuant to the agreement to the development partners.
Additionally, a value of use based real estate appraisal of the development site was completed
on behalf of the Town of Vail.
II. KEY POINTS OF THE PROJECT
• The redevelopment site includes the westernmost 2 /3rds of the Town of Vail municipal
office site.
• The medical office building (MOB) and the Town offices total approximately 77,401
square feet of gross building space. (MOB 55,551 sq. ft. & TOV 21,850 sq. ft.)
• Pedestrian bridge over South Frontage Road circulation between MOB and VVMC
• Helipad requires relocation at VVMC's expense.
• Mitigation of development impacts are required (i.e., employee housing, traffic impact
fee, art in public places, etc.)
• Development application fees, building permit and plan review fees, and construction
use tax payments are required.
• ToV to receive $2.5 million dollar payment for land cost or $2.5 million dollar credit
towards development costs.
• Form a Public- Private Partnership to develop the mixed use.
• An investment group (SC Doctor Investment Group) to be formed to own and lease back
MOB office space to SC and HH.
• The ToV municipal offices are displaced for the duration of the redevelopment project
construction period ( +/- 2 years).
9/20/2011
3 -3 -1
• Certificates of Participation (CoP's) would be used to fund the ToV's estimated $9 -$12
million share of the project. (estimated $1 million in P & I payments per year for 20
years at 4 %)
• Fundraising required to pay for that portion of the redevelopment project attributed to
SPRI. SPRI to purchase or lease its office space in the MOB.
• A below grade parking structure to be constructed to meet the onsite parking needs of
the project with costs distributed proportionately to each user based on parking needs.
III. DESIGN PROGRAM
• SC to include 12 doctors and approximately 23,405 usable square feet plus 2,500
square feet for an imaging lab.
• SPRI to include 13,000 usable square feet of which includes 8,000 square feet for a bio-
motion and surgical skills laboratory.
• HH to include 8,500 usable square feet.
• ToV to include19,000 usable square feet.
• No space is anticipated for VVMC in the new MOB.
• Vehicle parking provided in a below grade structure.
• Two separate buildings (ToV municipal offices and MOB) would be constructed.
IV. NEXT STEPS
A series of next steps have been identified. The identified next steps are intended to determine
the true potential of the redevelopment project and the interest of all the partners in moving
forward. The next steps include:
• Begin discussions with Colorado Department of Transportation and /or Federal Highway
Administration regarding use of state -owned right of way and South Frontage Road
improvements, including a pedestrian bridge, and the permitting process.
• Study soil conditions of the site to determine suitability for the construction of the
intended project (soil type, presence of groundwater, etc.).
• Prepare a draft pre - development agreement and memorandum of understanding (MOU)
between VVMC, SC, SPRI, and ToV.
• Further study site access and site design options and alternatives.
• Study options and alternatives for the relocation of the helipad.
V. REQUIRED ACTION
No formal action or decision is required of the Vail Town Council at this time. The purpose of
this presentation and decision is intended to inform the Town Council of the progress that has
been made on the current contract with Triumph Development, LLC and outline the key points
of the project as they stand today. The purpose of this presentation is not to begin negotiating
the key points of the project. The Town Council will likely be asked to take more formal action
and make certain decisions with regard to the future of the redevelopment project at its October
4 public hearing.
VI. ATTACHMENTS
9/20/2011
3 -3 -2
BBC
RESEARCH
CONSULTING
3773 Cherry Creek North Drive
Suite 850
Denver, Colorado 80209 -3827
343.321.2547 fax 303.399.0448
www.bbcresearch.com
bbc @bbcresearch.com
April 19, 2010
Mr. F. Lyon Steadman
Chief Financial Officer
The Steadman Clinic, Professional LLC
181 West Meadow Drive, Suite 400
Vail, Colorado 81657
Re: Economic Impact of the Steadman Clinic
and the Steadman Philippon Research Institute on the Town of Vail
Dear Mr. Steadman:
In February 2010, the Steadman Clinic (Clinic) and the Steadman. Philippon Research Institute
(Institute) retained BBC Research & Consulting (BBC) to conduct an analysis of the economic impact of
the Clinic and Institute on the Vail economy. This letter report presents the results of those
investigations.
Background
The Steadman Clinic is an internationally renowned orthopedic and sports medicine clinic that
operates in association with the Vail Valley Medical Center in Vail, Colorado. The Clinic specializes in
sports medicine, trauma surgery, ligament and joint reconstruction, arthroscopic surgery, and general
orthopedics. It attracts patients from around the world because of the reputation and expertise of its
physicians.
In early 2010, the Clinic has 10 affiliated physicians who offer treatment for every major joint in the body.
An additional physician will join the practice in April of this year. The Clinic's operations support 23
administrative staff and 52 clinical support staff. In 2009, the Clinic served approximately 10,500 patients
and performed 4,600 surgeries in Vail'.
The Steadman Clinic has satellite offices in Breckenridge and Frisco, Colorado, although the great
majority of clinical visits and surgeries are conducted in Vail.
Some additional surgeries were conducted a the Clinic's satellite facility in Summit County but these are not included in
this analysis of Vail impacts.
9/20/2011
3 -3 -3
Page 2
Established in 1988, the Steadman Philippon Research Institute is an independent, charitable
organization dedicated to advancing orthopedic knowledge and techniques through research and
education. The Institute collects data and publishes clinical research results on knees, hips, shoulders
and spine and is considered one of the most published and innovative organizations in sports
medicine research and education. Through its Fellowship Program, the Institute has built a network
of more than 170 Fellows and Associates who share the ideas and concepts they learned in Vail with
their patient base around the world
The Institute has 23 staff members responsible for carrying out research, administrative and
educational objectives. The Clinic and the Institute are both located at the Vail Valley Medical
Center.
Report Objectives
Although the Steadman Clinic is widely acknowledged as one of the leading orthopedic centers in the
world, few local residents or policymakers understand the Clinic's breadth of practice; its role in
supporting the Vail Valley Medical Center or its importance to the Vail Valley economy. Similarly,
the Institute's role in supporting the local economy and creating awareness of the Vail Valley is also
largely overlooked. The purpose of this report is to provide an objective analysis of the Clinic and
Institute's contribution to the town of Vail and to expand the public's awareness of the Clinic's and
the Institute's role in the local community.
Methodology
In economic terms, the Clinic and Institute stimulate the town of Vail by drawing outside dollars
into the local economy. In the same manner that the Vail Ski Area attracts destination, day and local
skiers, the Clinic draws destination, day and local patients, and the Institute attracts grants and
charitable contributions that support local research. Some Clinic patients stay only for a few hours,
while others visit multiple times prior to surgery, stay in town for a lengthy period in post surgery,
and return for multiple follow -up treatments. Non- resident patients commonly bring guests or family
members to help in post surgery recovery. The Clinic's operations support a well -paid employment
base and Clinic operations also help support the Vail Valley Medical Center, Vail Valley Surgery
Center, Vail Valley Pharmacy and Howard Head Physical Therapy Center as well as a number of
other specialized physician practices such as local anesthesiologists.
Economic Impact Model
The first step in quantifying economic impact is to create a model that demonstrates the process by
which the Clinic and the Institute draw patients and dollars into the local economy.
Revenue collected by the Clinic and Institute enter the Vail economy as revenue at the Clinic's Vail
Valley Medical Center offices ( "on- site" expenditures) or spending in the local community for food,
lodging and local services ( "town" expenditures). Both forms of revenue support other Vail area
2 Steadman Philippon Research Institute was known as the Steadman Hawkins Research Foundation until a name change
in December 2009.
9/20/2011
3 -3 -4
Page 3
services and Clinic employee salaries, which in turn generate a second round of spending for
additional local goods and services.
The diagram below portrays the process by which Clinic and Institute operations draw patients and
their associated expenditures into and through the town of Vail economy. As noted, the clinic and
Institute are part of a larger medical services community centered at the Vail Valley Medical Center.
Exhibit 1.
Steadman Clinic br Institute Economic Impact Model
Sources $ Donations, $ [ Steadman Clinic ratierrts and hrd victuals
of Revenue Grants and Events Patients Acc Pali tints
I ,-- Vail Valley
S teadman Phillipan Eir Steadman Medical Center
Research Institute Clink
i Vail Valley
On Site Surgical Cente
Admin/developmen • Administration
Medical Howard Head Physical
Center
Research F ellolvs •Physicians Therapy Center
Education • Support Staff
Impacts Clinical Research
Biomechan
Basic Science
_} Other Private
Medical Suppliers
l■F $$ Total On -Site Medical Center Revenue $$ r
•
Patient and Guest
Off -Site Community Spending
Impacts Vail $ $ • Overnight lodging $ ■
Employee Spending
• Retail, Restaurants
• Services
1 1
Il V $$ TOWN ECONOMIC IMPACT $$
Source: BBC Research & Consulting, 2010
Each of the above model components is described in greater detail in the following discussion. Model
input data were collected from the Clinic, the Institute, the Howard Head Physical Therapy Center,
the Vail Valley Medical Center and the Vail Valley Surgical Center.
Patient Origin and Behaviors
Although on -site Clinic revenues are substantial, very few of these receipts re- circulate into the Vail
economy except as expenditures by Clinic employees who reside in Vail, or by employees who shop
in Vail. From an economic perspective, the principal value of Steadman Clinic operations to the
town of Vail is in the number of destination medical patients and their families who must acquire
lodging, food and services in association with Clinic visits and surgeries.
The value of town impacts is largely determined by the origin of clinic patients, their propensity to
spend the night and return for follow -up visits, and their level of local spending.
9/20/2011
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Page 4
Patient origin. Much like the Vail Ski Area, the Clinic attracts "destination" patients, who spend a
night or more away from home in association with their evaluation, surgery or follow -up care. The
Clinic also has "day" patients who return to their local homes after similar treatments. These
distinctions are important because destination guests, like destination skiers, will spend more time
and money in association with their visit than will local area residents, who are likely to go to a
doctor's appointment or physical therapy session with little off -site spending.
Exhibit 4 below shows the distribution of residents for all Clinic patients. Approximately 65 percent
of the Clinic's patients in 2009 were from outside the local area (outside of Eagle or Summit
counties). International and out of state patients represent about 26 percent of Clinic patients.
Exhibit 4. International (3 %)
Steadman Clinical National (23%)
Patients by Residence, 2009 Eagle &Summit
County (35%)
Source:
Steadman Clinic
Elsewhere in
Colorado (39%)
Accompaniment rates. A partner or family member accompanies the majority of surgical patients
in order to assist in post surgery travel. Local resident patients typically return to their home after
surgery. Destination patients, who are sometimes traveling by air, very often spend the night, or
multiple nights in Vail, prior to surgery. Recovery requirements vary considerably by the type of
surgery required. For example, Dr Steadman and Dr. Philippon generally ask patients to stay between
3 and 6 nights following surgery and to return for follow up care two or three times over the next few
months. Most of the Clinic's other physicians have similar requirements depending on the nature of
the surgery. The majority of surgical patients also return to the Vail Valley for some follow -up care
and rehabilitation. Some patients engage in lengthy and frequent rehabilitation, while others go
through a short evaluation and training and then continue rehabilitation at their home. Based on
Clinic data and discussions with Clinic staff, BBC developed estimates of overnight stay per patient
and guests per patient for each patient category.
As shown in Exhibit 5, this process results in nearly 100,000 visitor days per year as a result of the
Clinic's 10,500 annual patients.
9/20/2011
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Page 5
Exhibit S.
Steadman Clinic Patients and Visitor Days
Total Patients
10,500
Non - Surgery Surgery
5,900 4,600
1 1
Local Area Destination Local Area Destination
Patients Patients Patients Patients
2,065 � 3,835 � 1 ,610 2,990
AnnualVislts/Patient 1.5 ( 2 ) IMO
multiplied by X X ' X X
C uests/Partient CLOD
(includes patient)
multiplied by X X X X
Lengths of Stay /sit (days) 0.25 1.00 0.5 40
Total Visitor Days per year 774 + 11,505 + 5 + 80,730 = 98,644
Visitor Nights 0 + 11,505 + 0 + 80,730 = 92,235
Visitor nights. Patients from Eagle and Summit counties are unlikely to spend the night in Vail in
association with a doctor's visit or surgery, unless the surgery requires an overnight hospital stay.
Destination patients are likely to spend the night prior to surgery in Vail and many will stay multiple
additional nights. A relatively small number will spend one of their nights in the hospital, although
presumably, a spouse of accompanying family member will have a hotel room. Denver area residents
are likely to stay fewer nights than national travelers and this has been factored into the above
projections. An estimate of clinic generated visitor nights acknowledges that local residents will not
stay the night in Vail.
In total, BBC estimates that the Steadman Clinic generates over 92,000 visitor nights each year.
Sources of Revenue —On -site
The Clinic and the Institute generate revenue through fees for Clinic and surgery services, and
donations and research grants from Institute supporters.
Clinic patients. In 2009, the Clinic served approximately 10,500 patients, each of whom had at
least one visit and most had multiple visits to the Vail Clinic Some patients become Steadman
3 Source: Interviews with Clinic and Institute staff; patient records.
4 Additional adjustments are made for non - commercial stays and lodging outside of the town later in this report. Visitor
nights are only nights outside of the hospital.
9/20/2011
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Page 6
Clinic patients through admittance to Vail Valley Medical Center emergency services—typically a
skiing accident. Many patients seek out Clinic orthopedic services because of the Steadman
reputation or because the Clinic offers convenient local services to an active local population. Of the
10,500 Clinic individuals who had an initial encounter with the Clinic, 5,900 represented non-
surgical, consultation visits, some of whom then become clients of the Howard Head Physical
Therapy Center, or ended their engagement with the Clinic. Approximately 45 percent (4,600
patients) continued on with surgery at one of the two Vail surgery centers.
Data on individual patient expenditures and fees are confidential and Clinic revenues vary
considerably by the nature of each physician's practice and the complexity of individual injuries.
Based on Clinic staff reporting of revenues per office visit and typical costs per visit, it is estimated
that Steadman Clinic patients generated over $25 million dollars in direct fee for service revenue.
Other local institutions beyond the Steadman Clinic are also beneficiaries of Clinic patients,
including the Vail Valley Surgery Center and Vail Valley Medical Center, which collect revenues
from surgical procedures or through the provision of related general hospital services. The Howard
Head Physical Therapy Center also maintains a close relationship with the Clinic.
Institute funding. The Steadman Phillippon Institute is funded through public donations,
corporate sponsors, grants and special events. The Institute operates on about $3.5 million annually.
The Institute's operations, which are staffed and operated within the town of Vail, include clinical
research, biomechanics, information technologies, administration, a fellowship program and
educational seminars. Institute spending supports professional research and an administrative staff of
23 persons all with offices at the Vail Valley Medical Center. The Institute pays salaries to Fellows,
a small share of which re- circulates in the Vail economy, and also conducts occasional local fund
raising events in the community.
Howard Head Center. Physical therapy is an important element of the Steadman Clinic's
approach to orthopedic services and The Howard Head Physical Therapy Center is an important
participant with Steadman Clinic's patient activity. Virtually all surgery cases and the majority of
non - surgical cases generated by the Clinic also utilize the Howard Head Physical Therapy Center.
The Howard Head Center also serves patients who are not affiliated with the Clinic. Of the Clinic's
10,500 patients, approximately 80 percent will have at least one session at the Howard Head Center.
Many surgical patients will have multiple visits, with some patients returning many times for
extensive follow -up support. The Howard Head Center is headquartered in Vail and maintains
multiple clinics in Eagle and Summit counties, many people who continue physical therapy will use
facilities outside of Vail,
BBC estimates that the Clinic generates about 8,000 Howard Head patients a year (2.5 visits per
patient) with receipts averaging $175 per patient visi and resultant fees of $3.5 million annually.
The Clinic also has offices in Frisco and Breckenridge. Business occurring in Summit County is not included in this
analysis. Patient data are from the Clinic.
r Actual returned dollars, typically from insurance, not invoiced amounts.
9/20/2011
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Page 7
Vail Valley Surgery Center and the Vail Valley Medical Center. The Vail Valley Surgery
Center hosts the majority of the Clinic associated surgeries and generates $22 million per year in
Clinic patient surgical fees, which is in addition to direct Clinic revenues'.
A share of Clinic patient surgeries are performed at the VVMC operating facilities, primarily when
there are scheduling conflicts with the Vail Valley Surgery Center or when a patient requires an
overnight stay at the hospital. By this process, the Steadman Clinic is responsible for a significant
share of VVMC patient revenues. Last year, VVMC had total revenues of $160 million and
supported over 600 full time and 100 part time Vail jobs. Using data obtained from Clinic staff,
based on clinic data, BBC estimates that nearly 50 percent of all surgeries performed by Steadman
Clinic physicians were completed at the VVMC. Based on average charges per surgery and the
additional revenues from associated overnight stays at the hospital, these Clinic associated surgeries
generated an estimated $25 million in net revenues for VVMC. As a result, approximately fifteen
percent of VVMC revenues and employment is attributable to Clinic generated business.
Perhaps more importantly, VVMC and the Steadman Clinic have a symbiotic relationship that
benefits both parties. The Clinic's patient generation and support of the VVMC core business allows
economies of scale and a breadth of services that is unusual for a rural hospital, even a resort hospital.
Similarly, the hospital's presence with a second operating room and the ability to take overnight
patients is a necessary component of Clinic success. Steadman Clinic doctors also benefit from taking
rounds at the VVMC emergency room.
Total employment effects. Patient fees support the Steadman Clinic, a portion of activity at the
two Vail surgical facilities, Howard Head physical therapists, a share of general hospital services at
VVMC and all proportional associated employment. As noted previously, the Clinic has 10 doctors
and 75 related employees. The Steadman Philippon Institute supports an additional 23 positions and
Clinic generated demand for Howard Head physical therapy services adds an additional 25 positions.
Steadman Clinic demands on the Vail Valley Surgery Center support 35 positions. As a result of
Clinic patients using hospital surgery facilities and resultant admittances for overnight services, the
Steadman Clinic supports an estimated 98 jobs at the Vail Valley Medical Center. In total, it is
reasonable to estimate that the Steadman Clinic directly supports about 266 jobs within the town of
Vail (10 +75 +23 +25 + 35 +98). Clinic staff estimated that about 30 percent of persons, who are
supported by Clinic operations, reside in Vail. Assuming a broad mix of incomes and typical resident
expenditure patterns, BBC estimates that those employed by the Clinic and residing in Vail (80
positions) will spend approximately $840,000 annually in the Vail economy.
Summary on - site impacts. In total, operation of the Steadman Clinic in combination with the
Institute generates about $28.5 million in annual direct fee revenue. The 10,500 Steadman Clinic
patients generate about $3.5 million of business at the Howard Head Physical Therapy Center. The
Vail Valley Medical Center and the Vail Valley Surgery Center are beneficiaries of Clinic patient
hospital expenditures of approximately $25 million and $22 million respectively.
' Approximately 80 percent of surgeries performed at VVSC are Clinic patients and revenues have been adjusted
accordingly.
s Vail Valley Medical Clinic (VVMC) operating facilities and Vail Valley Surgical Center (VVSC)
9 80 positions; average income $60,000; 35% spent o%a@iilhbods; and 50% spent within Vail; $840,000.
3 -3 -9
Page 8
In total, Clinic patient data suggest that the Steadman Clinic generates nearly $79.0 million per year
in total on -site revenue.
It is notable that, other than salaries and resultant Clinic employee expenditures for local goods and
services, Clinic patient, Institute and affiliated medical revenues do not re- circulate to any significant
degree within the town of Vail. The Steadman Clinic, the two surgical centers, the Institute, the Vail
Valley Medical Center and Howard Head Center pay local salaries but make very few local purchases
for services or supplies. Non -Vail suppliers provide virtually all health care materials, drugs, support
services, general supplies and utilities. The day to day, onsite operations of Steadman Clinic does not
generate significant activity for other Vail businesses, with the exception of household spending by
the employees and doctors who live and shop in Vail, and occasional local purchases by other Clinic
employees.
Although offsite spending by the Clinic is modest it should be noted that the Clinic's attraction of
over 10,000 patients a year provides the Vail Valley Medical Center with a critical base of support
and thus the economies of scale necessary to provide local residents and guests with the Medical
Center's extensive services. This partnership has helped the Vail Valley Medical Center become one
of the most fully developed health care centers on Colorado's Western Slope and leaves the Medical
Center well positioned for future success as multiple hospitals compete for regional service
prominence.
Town Economic Impacts
Clinic- associated spending in the town of Vail stems from Clinic employee - resident household
spending, and lodging, restaurant and retail spending by patients and accompanying family members.
Employee spending. As noted above BBC estimates that about 30 percent of Clinic associated
employees reside in Vail and spend an estimated $840,000 per year in the local Vail economy.
Overnight lodging spending. The Clinic generates approximately 92,235 annual visitor nights
(per Exhibit 15). A portion of guests stay in commercial lodging and a smaller portion stay out -of
town, with friends or in private homes. Exhibit 6 details the economic contribution of Clinic visitors
who rent accommodations in Vail in association with their Clinic visit.
Exhibit 6. Non- Surgical Surgical
Lodging Spending l Destination Destination
by Patients and Patients Patients Total
Family
Patient Visitor Nights 11,505 + 80,730 = 92,235
Source: (divided by) Persons/room 1.5 2
BBC Research & Consulting. (equals) Lodging Room nights 7,670 + 40,365 = 48,035
(times) Percent commercially lodged 90% 90%
(times) Lodging costs /night $300 $300
(equals) Lodging expenditures $2,070,900 + $10,898,550 = $12,969,450
9/20/2011
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Page 9
The approximately $13 million spent in Clinic associated lodging, supports hospitality employment,
balances seasonality and generates lodging tax revenue for the town. It is notable that a large share of
this activity occurs in off - seasons.
Retail and restaurant spending. As with lodging calculations, a portion of the Clinic associated
out-of-town visitors will shop and dine in Vail. It is difficult to determine the extent of visitor retail
and restaurant expenditures as some visitors will make little or no retail or restaurant expenditures,
while others will spend the night and purchase all meals and retail goods in Vail. Exhibit 7 below
details expected retail and restaurant contributions.
Exhibit 7. Destination Local Area
Retail and Restaurant Visitor Nights Visitors Total
Spending Attributable
to Steadman Clinic Visitor Days 92,235 6,409
Patients (times) Average Retail and
Restaurant Spending per Day in Vail $125 120
Source: (equals) Guest Spending $11,529,375 + $128,188 + $11,657,563
BBC Research & Consulting.
In total, Clinic patients are estimated to contribute about $11.6 million dollars each year to the Vail
retail and restaurant economy. Exhibit 8 shows the sum effects of on -site and off -site impacts.
The combination of on -site and ofd site impacts represents the total economic impact of the Clinic
and l nstitute on the Vail economy.
Exhibit 8.
Annual Economic Int acts of Vail
p Economic Impact Category Spending
Steadman Clinic and Institute on
the Town of Vail On - site
Steadman Clinic $25,000,000
BBC Re search & Steadman Philip_ri Research institute $3,500,000
88C Re
Total On -site Impact 528,500,000
Town of Vail
Resident employee Spending $ 840,000
Patient Lodging Expenditures $12,969,450
Patient Retail /Restaurant Expenditures $11,657,563
Steadman Clinic & Institute
Town of Vail Economic Impact $25,467,013
In total, operation of Steadman Clinic and Institute generates over $25 million annually to town of
Vail businesses outside of the VVMC facilities.
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Page 10
Sales and Lodging Taxes
In town, Clinic associated retail sales generate town of Vail sales and lodging taxes. Vail collects four
percent of retail and lodging sales. The Vail Marketing District levies an additional 1.5 percent
lodging tax to support marketing campaigns during the summer and shoulder seasons. Exhibit 9
below displays the estimated annual sales tax revenue generated for the town of Vail attributable to
Clinic patients and employee sales.
Exhibit 9.
Annual Fiscal Impacts of Estimated
Steadman Clinic and Fiscal Impact Category Economic Impacts
Institute on the Town of Vail
Lodging Tax
Source: Patient Lodging Expenditures $12,969,450
BBC Research and Consulting.
Lodging Tax Rate 4.0%
Receipts 5518,778
Sales Tax
Resident employee Spending $840,000
Patient Retail/Restaurant Expenditures $11,657,563
Total $1 2,497,563
Sales Tax Rate 4.0%
Tax receipts 5482,509
Steadman Clinic & Institute
Town of Vail Fiscal Impact $1,018,681
For perspective, the town collected slightly more than $3 million in ski lift taxes in 2007. The
Clinic's value as a tax generator is similar to adding an additional 33 percent of skier lift ticket sales.
Summary and Conclusions
The reputation of the Steadman Clinic draws approximately 10,500 patients each year to the Vail
Valley, and the Steadman Philippon Research Institute supports medical research that ties Vail's
name with cutting edge medical procedures throughout the world. Clinic and Institute operations,
including 4,600 surgeries performed in 2009, drew patients and from around the world and
generated nearly 100,000 visitor nights in the Vail community.
Because the Clinic attracts 65 percent of its patients from outside the immediate region, most
patients require overnight lodging and services. Surgery patients typically bring spouses, and
sometimes families and they will often return multiple times for follow-up care. As a result of these
"destination patients," Vail's lodging community receives over 48,000 room nights and $12.9 million
in additional lodging sales. Vail's retail and restaurant businesses collect an additional $11.6 million
9/20/2011
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Page 11
from Clinic associated patients and guests. These visitors represent approximately $25 million in
town expenditures for services, lodging, food and beverages, and retail goods.
The Clinic is not the only medical beneficiary of patient activity. The Vail Valley Medical Center,
the Vail Valley Surgical Center, the Howard Head Physical Therapy Center and a number of
independent medical service providers are all direct beneficiaries of patient expenditures. The Vail
Valley Medical Center is able to provide a high level of service and a diverse array of services, in part
because the Clinic provides an extraordinary new customer base that is unavailable to most rural or
resort area hospitals.
Finally, it should be noted that Clinic has considerable future growth potential and represent an
unusual opportunity for the town of Vail. As Colorado's resort communities mature, health care
services will be a critical component of local services, and few areas can compete with the diversity
and depth of medical services offered by the Vail Valley Medical Center. The Clinic's and Institute's
international recognition provide Vail a valuable association with cutting edge technology, sports
medicine and innovative research —an enviable market association. The Clinic's operations diversify
the local economy, providing market opportunities beyond skiing, real estate and recreation —again
an enviable competitive position.
I hope this analysis is of value in your efforts to better communicate the breadth and depth of the
contributions of the Clinic and Institute to the Vail community. We would be pleased to represent
this report in any way that might be helpful.
Sincerely,
444 (*k
Ford C. Frick
Managing Director
9/20/2011
3 -3- 13
TOM
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: September 20, 2011
ITEM /TOPIC: Building and Fire Code Appeals Board Appointment
PRESENTER(S): Pam Brandmeyer
ACTION REQUESTED OF COUNCIL: Appoint one member to the BFCAB to fill a vacancy
that expires March 2014.
BACKGROUND: A vacancy was created when a board member, Lynn Fritzlen, resigned.
The Council interviewed the one applicant that submitted a letter of interest for this board. The
Council needs to appoint one new member to this board which term expires March 31, 2014 or
direct staff to continue to publish for this vacancy.
STAFF RECOMMENDATION: Appoint one member to the B &FCAB or direct staff to continue
to publish for this vacancy.
9/20/2011
TO 4'V'�J [lF U, i'
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: September 20, 2011
ITEM /TOPIC: Resolution No. 18, Series of 2011, a Resolution Approving a Compliance
Agreement Between the Town of Vail and Comcast of Colorado VI, LLC; and Setting Forth
Details in Regard Thereto
PRESENTER(S): Ron Braden
ACTION REQUESTED OF COUNCIL: Approve and authorize the Town Manager to sign and
enter into the Compliance Agreement with Comcast of Colorado VI, LLC
BACKGROUND: The Franchise Agreement remains in full force and effect and is extended
on a month -to -month basis pursuant to Section 626 of the 1984 Cable Communications Policy
Act on October 19, 2010. Comcast of Colorado VI, LLC ( "Comcast ") provides cable television
service within the Town under a franchise agreement that expired on January 5, 2011 (the
"Franchise Agreement "). The Town Council directed staff to hire a third party to inspect and
audit the cable television system, and the associated report, found between 1500 and 2500
technical violations of the current Franchise Agreement. The Town and Comcast wish to enter
into a Compliance Agreement (the "Agreement ") to outline the terms under which Comcast will
remedy the violations identified in the audit. Proof of compliance with the current Franchise
Agreement is required prior to Council considering a new Franchise Agreement.
STAFF RECOMMENDATION: Approve and authorize the Town Manager to sign and enter
into the Compliance Agreement with Comcast of Colorado VI, LLC
ATTACHMENTS:
Memorandum 091511
Resolution No. 18, Series of 2011
9/20/2011
Hp HAYES, PHILLIPS, HOFFMANN & CARBERRY, P.C.
1530 Sixteenth Street, Suite 200
H� Denver, Colorado 80202 -1576
Telephone: (303) 825 -6444
Facsimile: (303) 825 -1269
Corey Y. Hoffmann Fairplay Office Elizabeth C. Gross
Kendra L. Carberry 675 Main Street Christine C. Stretesky
Jefferson H. Parker P.O. Box 1046 Ryan S. Malarky
Fairplay, CO 80440
Of Counsel Telephone: (719) 836 -9005 John E. Hayes (Retired)
Herbert C. Phillips Facsimile: (719) 836 -9010
J. Matthew Mire
TOWN OF VAIL
MEMORANDUM
TO: MAYOR AND TOWN COUNCIL
FROM: J. MATTHEW MIRE, TOWN ATTORNEY
KENDRA L. CARBERRY, ESQ.
DATE: SEPTEMBER 15, 2011
RE: COMCAST COMPLIANCE AGREEMENT
This memorandum addresses the compliance agreement that is on the evening agenda for
September 20, 2011.
By way of background, Comcast originally requested a renewal of its franchise on April
2, 2007. The franchise expired on January 4, 2010. However, Comcast did not file an
application for renewal with the proper application fee ($10,000) until December 20, 2010. In
the meantime, the Town asked Jonathan Kramer to prepare a technical audit of the Comcast
cable system in the Town. That audit report found between 1500 and 2500 technical violations
of the current franchise agreement. On January 18, 2011, you directed that we commence
proceedings against Comcast for the violations of the current franchise agreement.
Since January, Comcast has been working to remedy the violations found in the Kramer
audit, as Mike Trueblood reported at the August 2, 2011 Town Council meeting. In addition, we
have been negotiating a compliance agreement with Comcast. The result of our negotiations is
the compliance agreement, which Comcast has approved.
The highlights of the compliance agreement are as follows:
• Comcast pays the Town $25,000 to cover the cost of the Kramer audit and legal
fees associated with the audit and the negotiation of the compliance agreement
9/15/11
C. IPROGRAMFILESINEEVIA .COMIDOCUMENT CONVERTERITEMPIPDFCONVERT.2666. .].COMPLIANCE AGREEMENT-MO2.DOC
9/20/2011
5 -1 -1
September 15, 2011
Page 2
• Comcast agrees to remedy the majority of the issues noted in the Kramer report
by December 31, 2011
• Comcast agrees to remedy issues at single- family homes as soon as practicable
• Comcast is subject to liquidated damages for failure to comply with the
compliance agreement
• Comcast must maintain the current $50,000 letter of credit until a new franchise
agreement is approved
Comcast representatives will be at the meeting to answer any questions that you or the
public may have about the compliance agreement. In the meantime, if you have any questions
for us, please let us know.
9/15/11
C. IPROGRAMFILESINEEVIA .COMIDOCUMENT CONVERTERITEMPIPDFCONVERT.2666. .].COMPLIANCE AGREEMENT-MO2.DOC
9/20/2011
5 -1 -2
RESOLUTION NO. 18
Series of 2011
A RESOLUTION APPROVING A COMPLIANCE AGREEMENT BETWEEN THE TOWN OF
VAIL AND COMCAST OF COLORADO VI, LLC; 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, Comcast of Colorado VI, LLC ( "Comcast ") provides cable television
service within the Town under a franchise agreement that expired on January 5, 2011 (the
"Franchise Agreement ");
WHEREAS, the Franchise Agreement remains in full force and effect and is
extended on a month -to -month basis pursuant to Section 626 of the 1984 Cable
Communications Policy Act;
WHEREAS, on October 19, 2010, the Council directed staff to hire a third party to
inspect and audit the cable television system, and the associated report, found between
1500 and 2500 technical violations of the current Franchise Agreement;
WHEREAS, on January 13, 2011 the Town provided Comcast a copy of the audit;
and
WHEREAS, the Town and Comcast wish to enter into a Compliance Agreement (the
"Agreement ") to outline the terms under which Comcast will remedy the violations identified
in the audit.
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 Agreement with Comcast in the same form as attached hereto as Exhibit A.
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 20 day of September, 2011.
Richard Cleveland
Town Mayor
ATTEST:
Lorelei Donaldson,
Town Clerk
Resolution No. 18, Series 2011
9/20/2011
5 -2 -1
COMPLIANCE AGREEMENT
THIS COMPLIANCE AGREEMENT (the "Agreement ") is made and entered into this
day of , 2011, by and between Comcast of Colorado VI LLC, a limited
liability company with an address of ( "Comcast "), and the Town
of Vail, Colorado, a Colorado home rule municipality with an address of 75 South Frontage
Road, Vail, CO 81657 (the "Town ") (each individually a "Party" and collectively the "Parties "),
WHEREAS, Comcast operates a cable system providing cable television service within
the Town (the "Cable System ") under a franchise agreement that expired on January 5, 2011 (the
"Franchise Agreement ");
WHEREAS, the Franchise Agreement remains in full force and effect and is extended on
a month -to -month basis pursuant to Section 626 of the 1984 Cable Communications Policy Act
(the "Cable Act "), and, where applicable, the Vail Town Code;
WHEREAS, the National Electrical Code, as adopted by the Town, sets out certain
standards for the grounding of installations in the Cable System;
WHEREAS, in November 2010, the Town hired the Kramer.Firm, Inc. to inspect and
audit the Cable System, and the associated report (the "Kramer Report "), released in January
2011, documented 75 violations of the National Electrical Code (the "NEC ");
WHEREAS, on January 13, 2011, the Town provided Comcast with a copy of the
Kramer Report;
WHEREAS, on January 18, 2011, a Comcast representative appeared at a public meeting
before the Town Council and announced that Comcast had already begun addressing all NEC
violations identified in the Kramer Report, including such issues as drop bury completion, PED
replacement, drop bonding, and multi - dwelling unit lock box replacement or securing;
WHEREAS, representatives from Comcast at both the January 18, 2011 public meeting
and in subsequent meetings and correspondence with representatives from the Town committed
to correcting all 75 NEC violations identified in the Kramer Report, and Comcast has
represented that nearly all 75 NEC violations were in fact corrected by February 1, 2011 where
such corrective action was not impeded by either Town - imposed moratoria or weather or snow
conditions;
WHEREAS, also on January 18, 2011, the Town Council requested a letter of credit from
Comcast in the amount of one hundred thousand dollars ($100,000);
WHEREAS, pursuant to Section 8 -5 -18 of the Vail Town Code, the Town Council can
request a letter of credit from Comcast in the amount of fifty thousand dollars ($50,000);
WHEREAS, on February 2, 2011, Comcast filed a letter of credit with the Town in the
amount of fifty thousand dollars ($50,000) in compliance with Section 8 -5 -18 of the Vail Town
Code, and partial compliance with the Town Council's request (the "Letter of Credit ");
9/20/2011
5 -2 -2
WHEREAS, Comcast contests whether the issues identified in the Kramer Report can be
characterized as uncured violations of "material" obligations of the Vail Town Code for purposes
of Section 8 -5 -19 of the Vail Town Code, and contests whether such issues would qualify as a
"material violation" of the Franchise Agreement pursuant to Section 2.9 of the Franchise
Agreement;
WHEREAS, Comcast has either already corrected nearly all or is diligently proceeding to
fully remedy all 75 NEC violations identified in the Kramer Report, and has commenced a
program to audit its outside plant and affirmatively identify and correct issues of actual and
potential noncompliance over the course of 2011; and
WHEREAS, in lieu of hearings concerning breach and liquidated damages, Comcast and
the Town wish to enter into this Agreement to outline the terms under which Comcast will
remedy the NEC violations identified in the Kramer Report and maintain the Cable System in
full compliance with the NEC and applicable law.
NOW, THEREFORE, based upon the foregoing recitals and the consideration set forth
herein, the amount and sufficiency of which is hereby acknowledged, the Parties agree as
follows:
1. Extension and Informal Negotiations of Franchise Renewal. Comcast is currently
providing cable television service to the Town pursuant to the Franchise Agreement, which
expired on January 5, 2011 and is extended on a month -to -month basis pursuant to Section 626
of the Cable Act. Comcast and the Town agree that the Franchise Agreement shall be extended
through December 31, 2011 to allow the Parties time to continue negotiating in good faith a
cable franchise agreement renewal pursuant to the informal renewal procedures of the Cable Act.
2. Comcast's Obligations. Comcast shall:
a. Correct all 75 NEC violations noted in the Kramer Report on or before
December 31, 2011;
b. Complete a complete inspection of the Cable System facilities in the
public rights -of -way within the Town on or before December 31, 2011;
c. Make its best efforts to inspect and repair drops in single - family homes at
every opportunity where a Comcast technician or contractor is present at a home in the
ordinary course of business and allowed lawful access to such home or property;
d. Throughout the remainder of 2011, or some longer period as the Town and
Comcast may mutually agree, provide the Town with periodic and detailed progress
reports of the Cable System inspection at intervals of not less than once per calendar
month, including the areas inspected, the issues discovered and the steps being taken to
resolve those issues;
e. Consistent with subsections a — d above, identify and correct all issues
found during Comcast's inspection of the Cable System on or before December 31, 2011;
and
2
9/20/2011
5 -2 -3
f. Comply with a re- inspection by the Town to ensure Comcast's compliance
with this Agreement, with the re- inspection to occur in the first half of 2012 when the
weather permits. Comcast and the Town will cooperate in good faith on this re-
inspection and selection of corresponding methodology and audit process and personnel
or consultants to be used for such re- inspection. For purposes of this subsection, the
Town acknowledges that external factors such as weather and ground movement can
impact the Cable System at any time, and trespass and privacy concerns with respect to
single - family residences can impact Comcast's ability to inspect and repair drops at such
residences, and that there is never a "perfect score" with respect to cable plant condition.
So long as Comcast documents its repair and maintenance activities, provides monthly
updates to the Town pursuant to Section 2(d) of this Agreement, and makes its plant and
personnel available for re- inspection so that the inspector can confirm the accuracy of
Comcast's updates, Comcast shall not be found in violation of this subsection.
3. Payment. Within thirty (30) days of the effective date of this Agreement,
Comcast agrees to pay to the Town the sum of twenty -five thousand dollars and no cents
($25,000). Comcast agrees that it shall not offset or deduct from past, present, or future
franchise fee payments owed the Town or pass through as a separate line item on subscriber bills
the $25,000 payment provided for in this Section. This amount is understood and agreed to
represent a compromise of disputed claims and shall not be construed as an admission of any
liability.
4. Release. The Town, upon receipt of payment of the $25,000, shall release and
discharge Comcast from any and all claims, actions and demands regarding the NEC violations
and associated costs and expenses, including attorney and consultants fees, relating to or arising
from the Kramer Report. Such release shall be self- executing. Such payment and release shall
not relieve Comcast of its obligations to repair and correct its facilities pursuant to the schedule
set forth in this Agreement.
5. Liquidated Damages. Should Comcast fail to (a) correct the 75 NEC violations
noted in the Kramer Report as provided in Section 2.a; (b) inspect and repair facilities in the
public rights -of -way as provided in Section 2.b; (c) make its best efforts to inspect and repair
drops in single - family homes as provided in Section 2 in its ordinary course of business; (d)
provide the Town with periodic progress reports as provided in Section 2.d; or (e) fail to pay the
Town the $25,000 provided for in Section 3, then the Town is authorized to commence
procedures to impose liquidated damages, as follows: the Town shall first notify Comcast of the
alleged violation in writing, and demand correction within a reasonable time, which shall not be
less than ten (10) business days. If Comcast fails to correct the violation within the time
prescribed or if Comcast fails to commence corrective action within the time prescribed and
diligently remedy such violation thereafter, the Town may impose liquidated damages,
assessable from the Letter of Credit provided for in Section 6, of two hundred dollars ($200) per
day. If the Town imposes the liquidated damages for 90 days or more, then Comcast shall have
the right to a public hearing before the Town Council to contest the imposition of the liquidated
damages for any additional days beyond 90 days, at which hearing Comcast shall have the right
to present evidence on its behalf. Nothing in this Section shall constitute a waiver of Comcast's
right to challenge any assessment of liquidated damages under applicable law.
3
9/20/2011
5 -2 -4
6. Letter of Credit. Comcast shall maintain the Letter of Credit at fifty thousand
dollars ($50,000) throughout the term of this Agreement, unless such requirement is superseded
pursuant to a renewed Franchise Agreement. Should the Letter of Credit be depleted due to
withdrawals by the Town pursuant to Section 5 hereof, Comcast shall replenish the Letter of
Credit within seven (7) days of written notice by the Town.
7. Governing Law and Venue. This Agreement shall be governed by the laws of the
State of Colorado, and any legal action concerning the provisions hereof shall be brought in
Eagle County, Colorado.
8. No Waiver. Delays in enforcement or the waiver of any one or more defaults or
breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or
obligation of this Agreement.
9. Integration. This Agreement constitutes the entire agreement between the Parties
on matters relating to the 75 NEC violations identified in the Kramer Report, superseding all
prior oral or written communications relevant to the Kramer Report.
10. Third Parties. There are no intended third - party beneficiaries to this Agreement.
11. Notice. Any notice under this Agreement shall be in writing, and shall be deemed
sufficient when directly presented or sent pre -paid, first class United States Mail to the Party at
the address set forth on the first page of this Agreement.
12. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall
remain in full force and effect.
13. Modification. This Agreement may only be modified upon written agreement of
the Parties.
14. Assignment. Neither this Agreement nor any of the rights or obligations of the
Parties hereto, shall be assigned by either Party without the written consent of the other.
15. Governmental Immunity. The Town, its officers, and its employees, are relying
on, and do not waive or intend to waive by any provision of this Agreement, the monetary
limitations (presently one hundred fifty thousand dollars ($150,000) per person and six hundred
thousand dollars ($600,000) per occurrence) or any other rights, immunities, and protections
provided by the Colorado Governmental Immunity Act, C.R.S. § 24 -10 -101, et seq., as amended,
or otherwise available to the Town and its officers or employees.
16. Rights and Remedies. The rights and remedies of the Town under this Agreement
are in addition to any other rights and remedies provided by law. The expiration of this
Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which
such remedies may be asserted, for work negligently or defectively performed.
4
9/20/2011
5 -2 -5
17. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first set
forth above.
TOWN OF VAIL, COLORADO
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
APPROVED AS TO FORM:
J. Matthew Mire, Town Attorney
COMCAST OF COLORADO VI LLC
By:
Its:
STATE OF COLORADO
) ss.
COUNTY OF )
The foregoing instrument was subscribed, sworn to and acknowledged before me this
day of , 2011, by as
of Comcast of Colorado VI LLC.
My commission expires:
(SEAL)
Notary Public
5
9/20/2011
5 -2 -6
JOW& OF IMF +`
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: September 20, 2011
ITEM /TOPIC: East Vail Utility Project Award
PRESENTER(S): Chad Salli
ACTION REQUESTED OF COUNCIL: Authorize the Town Manager to enter into an
agreement, approved by the Town Attorney, with Schofield Excavating, Inc., to complete the
project.
BACKGROUND: The East Vail berm utility project is located in the Bald Mountain
Neighborhood on Town of Vail Tract A and 1 -70 Right of Way. The scope of the project
includes relocation of water and sanitary sewer mains and drainage improvements to facilitate
the west phase of the sand storage berm. The town received six bids for the project, with
Schofield Excavating, Inc., the apparent low qualified bidder.
STAFF RECOMMENDATION: Authorize the Town Manager to enter into an agreement,
approved by the Town Attorney, with Schofield Excavating, Inc., in an amount of $193,285.16
to complete the project.
ATTACHMENTS:
East Vail Berm Memo
CDOT IGA 2008
9/20/2011
MEMORANDUM
To: Town Council
From: Public Works
Date: September 20 2011
RE: East Vail Berm Utility Project
Background
The East Vail Berm Utility Project is located on Town of Vail Tract "A" and 1 -70 Right of Way in
the Bald Mountain Neighborhood. In May of 2008 an IGA was executed between the Town of
Vail and the Colorado Department of Transportation (CDOT) outlining the responsibilities of
each agency for the East and West phases of the Sediment Control Storage Area (Sand
Storage Berm). CDOT was responsible for design and construction of the East phase and the
Town is responsible for design of the West phase, including grading, drainage and utilities.
Design of the drainage and utility work has been completed and the Town solicited bids for the
construction of the work. The scope of the work includes relocation of water and sanitary sewer
mains, and installation of drainage improvements including a storm water detention pond to
facilitate the construction of the berm. The cost of the utility work is shared among 4 entities,
the Town, CDOT, Eagle River Water and Sanitation District (ERWSD) and the homeowners
association. The homeowners association is contributing $20,000, ERWSD $10,0000, CDOT
up to $100,000 and the remaining cost is borne by the Town.
The Town received 6 bids for the project with Schofield Excavation the apparent low qualified
bidder. The project is budgeted and the low bid falls within budget.
Schofield Excavation Inc $193,285.16
Ewing Trucking & Construction, LLC $247,043.15
Scott Green Excavating Inc $284,401.20
American West Construction, LLC $322,250.10
Martinez Western Constructors Inc $349,005.50
Oldcastle SW Group bda B &B Excavating $356,470.48
Council Action
Authorize the Town Manager to enter into an agreement, in a format approved by the Town
Attorney, with Schofield Excavation, Inc. for the amount of $193,285.16.
9/20/2011
6 -1 -1
08 HA3 00070
331000130
INTERGOVERNMENTAL AGREEMENT
REGARDING SEDIMENT CONTROL STORAGE AREA
ON INTERSTATE 70
AT APPROXIMATELY M.P. 178.0 —179.0
THIS AGREEMENT is made this J5day of M , 2008
by and between the STATE OF COLORADO DEPARTMENT OF TRA SPORTION,
hereinafter referred to as the "State ", and THE TOWN OF VAIL, hereinafter referred to
as the "Town ".
WHEREAS, the State and Town of Vail hereby agree to construct a Sediment Disposal
Area, hereinafter referred to as the "berm ", and as described further in Exhibit A, Scope
of Work;
WHEREAS, said berm will be constructed on the Interstate 70 Right of Way and
Town of Vail owned Tract "A ", Vail Village 13 Filing;
WHEREAS, the State and Town agree the construction and or "work" to be performed is
pursuant to a Lease Agreement currently being executed between CDOT and the Town of
Vail;
NOW THEREFORE, it is agreed that:
A. The State shall be responsible for all the labor, materials and equipment to
complete the embankment, traffic control, storm water management, rough
grading, topsoil and seeding of the East Phase as shown on Exhibit B -1.
B. The Town shall be responsible for all the labor, materials, and equipment for
transplanting trees, container planting, and temporary irrigation system on Tract
A.
C. The labor, materials and equipment responsibilities for the West berm, such as
embankment, traffic control, storm water management, rough grading, topsoil and
seeding will be established during the design and volume distribution process.
D. Unless otherwise specifically stated herein, each Party shall be responsible for
operating and maintaining, at no cost to the other Party, those facilities
constructed in its respective Right of Way or Parcel. Neither Party shall cause or
permit any dangerous condition arising from its performance of the operation and
maintenance obligations assigned to it by this Agreement.
E. All "Work" in the State Rights of Way shall be performed pursuant to State
regulations and statutes, where applicable. No "Work" shall be performed in the
State Right of Way without State approval.
Page 1 of 4 pages
9/20/2011
6 -2 -I
F. No "Work" shall be performed in the Town of Vail property without Town
approval.
G. Access through the State Right of Way shall be prohibited without State approval.
H. All landscaping within the State Right of Way shall be funded and completed
using public money. Privately funded projects are forbidden on State Right of
Way.
I. The Town recognizes that the State has, in the State's sole discretion, the right to
modify, or demolish and remove, all, or any portion of the berm in its Right of
Way for any reason.
J. The State recognizes that the Town has, in the Town's discretion, the right to
modify, or deconstruct and remove, the portion of the berm on its Parcel for any
reason as long as it is in compliance with any other Agreement(s) the Town may
have concerning the berm.
K. Both Parties agree that they will provide written notice to the other Party sixty
(60) days in advance of any modification and/or demolition. The Parties agree to
attempt to collaborate on any modifications to preserve the integrity of the berm.
L. All labor, material, and equipment costs associated with the modification and/or
demolition to the Right of Way or Parcel shall be at the requesting Party's
expense without any cost or liability to the other party.
M. To the extent authorized by law, the Parties to this Agreement shall hold harmless
the other Party against any and all claims, damages, liability and court awards
including costs, expenses and attorney fees incurred as a result of any grossly
negligent or reckless action of the Party or its employees, agents, sub - contractors,
or assignees in connection with the performance of this Agreement.
N. The berm will be built in phases as indicated on the approved plans. It is
anticipated that the project will take several years to complete.
0. This Agreement may be amended only by a written instrument duly executed by
the Parties or permitted successors. Neither Party may assign or transfer its
responsibilities in this Agreement without the prior written consent of the other
Party.
P. All notices, requests and other communication required or permitted hereunder
shall be in writing and shall be deemed delivered when actually received, or, if
earlier, and regardless whether actually received or not, five (5) business days
after deposit in the United States Mail, First Class, postage prepaid, registered or
certified and addressed as follows:
Page 2 of 4 pages
9/20/2011
6 -2 -2
TO THE STATE • TO THE TOWN •
Martha Miller Greg Hall
Resident Engineer Public Works Director
Colorado Department of Transportation Town of Vail
714 Grand Avenue P.O. Box 298 1309 Elkhorn Drive
Eagle, CO 81631 Vail, CO 81657
The parties may, by notice prescribed above designate alternate personnel or addresses
for notices, requests and communication.
Nothing in this Agreement shall be construed as a waiver of the rights and privileges of
either Party under the Colorado Governmental Immunity Act with respect to third parties.
IN WITNESS WHEREOF, the Parties hereto have executed this contract the day and
year first above written.
STATE OF COLORADO TOWN OF VAIL
BILL RITTER, JR. GOVERNOR
By:
Stan Zem
By: Town Manager
For the Executive Director 0�,.
Colorado Department of Transportation ,
Pamela Hutton, P.E. '
•
Chief Engineer '
�0.1 0O°RA -- ,,
ATTEST: ATTEST:
-VI
By. s�,R,tt By AAA .1.
Bernie Rasmussen orelei Donaldson
Agreements Program Manager Town Clerk
Page 3 of 4 pages
9/20/2011
6 -2 -3
EXHIBIT A
SCOPE OF WORK
SEDIMENT CONTROL STORAGE I -70 M.P. 178.0 —179.0
08HA300070
CDOT and the Town of Vail are entering into this Intergovernmental Agreement for the
Design and Construction of two berm areas, East and West, on the north side of Interstate
70 at approximate Milepost 178 -179. The East berm will be located on CDOT right -of-
way and Tract A and will be used solely by CDOT. The West berm will be located on
CDOT right -of -way, Tract A, and an easement that was granted to the Town of Vail
through a separate agreement with the Bald Mountain Townhome Association and will be
shared between CDOT and Town of Vail.
East Phase
• CDOT will be responsible for the design and construction of the East Berm
including environmental, right of way and utility clearances, traffic control, storm
water management, and interim and final seeding.
• Total fill approximately 48,000 cubic reserved solely for CDOT
• Approximately 20,000 cubic yards will be placed by November 2010 to build an
interim berm on Tract A. See Exhibit B -2.
• The remaining volume, approximately 28, 000 cubic yards will be reserved for
CDOT to dispose material for the next 5 -10 years.
• CDOT will have a MHT plan in place prior to the start of construction each year.
An operational analysis of the traffic impacts caused by the MHT will be
completed each year.
• Town to assist CDOT with Town of Vail clearances and Design Review Board
and Town Council approval.
West Phase
• Town will be responsible for the design of the West berm including drainage,
utilities, and retaining walls. CDOT will not participate in the cost of the
retaining walls or utility locates other than the water line relocate shown on
Exhibit B. Volume distribution will be determined during the design approval
process.
• After the West berm design is approved, the IGA will be reviewed and revised as
necessary to establish responsibilities.
• Town will obtain all necessary Town of Vail and CDOT clearances. CDOT will
assist the Town with the CDOT environmental, ROW, and utility clearance.
• Town cannot begin construction until the design is approved by CDOT.
• FHWA will only grant Town access across the A -Line for one construction
season. Prior to granting approval, an operational analysis of the traffic impacts
caused by the MHT will be completed.
• An approved MHT plan must be in place prior to the start of construction.
• At any time unsafe traffic operations are brought to the attention of CDOT, Town
access across the A -line will be revoked until an appropriate traffic control plan is
developed by the Town and CDOT approval is granted.
Page 4 of 4 pages
9 20 2011
6 -2 -4
CDMPREHENSIVE PLAN ' • ...
Natea:
1. Water bne Sa be rabcotad 6Y othwra. These plans ahallrat be used far the water to
Ins conalruct'on or rolo on. a
2 Embankment and Bond ahpllnot be pbce on ai at n or prapoaetl water antl sewer ,/ '
Ines Utlty lacolea ahollbe performed pr or to the start of canaVU on. a am soon a
et
3. Topography prepared by TM Lund Partnership, Inc., for the West Val Pala E. r, �J ;
September 02, 2006. l .„ P , — 14Nr""ieT •
4 9ase Map creotetl from o comb no4sn of sources. Utl ly, easement arxl property - ' a • ,
ntormo4on added by CDDT to the lopo9aaphc map Before construct on begins, ' , - .., :'+> '. q r , ,
all ut7't'ee, easements, and property Ines hall be f'eld located.
5 Proposed grad ng shown s approa mate. 51'gh! fwld mod fcol one may occur • ..
6 Esiet ng pipes, volvee and monholee must be protected 5:r ng construct on a -
] i ndacop i lures, and rget'on to be relocated by To t Vall prior to „ Y " ° t ,
--lit
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EXHIBIT B - Project No /C ode
File Nome: 20071 - Exhibit C.dgn Date: Comments [gal Z
Horii. 8cole: 1:100 Vert. Scale: 1:100 Q �� / / 714 Grand A vers No Revi N/ A Mill
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9/20/201 1
6 -2 -6
RESOLUTION NO. 10
Series of 2008
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT AND A LEASE
AGREEMENT BETWEEN THE TOWN OF VAIL, COLORADO AND THE COLORADO
DEPARTMENT OF TRANSPORTATION REGARDING SEDIMENT CONTROL STORAGE
AREAS ON THE NORTH SIDE OF INTERSTATE 70 AT APPROXIMATELY M.P. 178 -179; AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of Colorado
is a home rule municipal corporation duly organized and existing under the laws of the State of
Colorado and the Town Charter (the "Charter"); and
WHEREAS, the members of the Town Council of the Town (the "Council ") have been
duly elected and qualified; and
WHEREAS, the Town and the Colorado Department of Transportation ( "CDOT ") wish to
enter into an Intergovernmental Agreement ( "IGA ") for the design and construction of two
Sediment Disposal Areas ( "Berms "), East and West, on the North side of Interstate 70 at
approximate milepost 178 -179 for the purpose of sand storage and to provide aesthetic and noise
mitigation to the surrounding neighbors; and
WHEREAS, the Berms are to be completed in two phases over the next 5 to 10 years,
wherein CDOT will be responsible for the construction of the East phase that is within the CDOT
ROW and Tract A and the Town and CDOT will be jointly responsible for the West phase that is
within CDOT ROW, Tract A, and an existing easement granted by the Bald Mountain Townhome
Association; and
WHEREAS, in addition to the IGA, which is required for the proposed Berm project, the
Town and CDOT must also enter into a land lease (the "Lease ") for that portion of land in Tract A
owned by the Town.
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 and Lease with CDOT, in substantially the same form as attached hereto as
Exhibit A and Exhibit L1 and in a form approved by the Town Attorney, for the design
and construction of two Berms, East and West, on the North side of Interstate 70 at
approximate milepost 178 -179.
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 15t day of April, 2008.
� M
ichard Clevel
Town Mayor
-- N - 14W6 �
Nt *�
ti -1 0 •N t
�1 l ` 1 •
; SEA
• rel : Donaldson, '
o Clerk ' '0 �/ '�• •/
''100 • .is•
ORAOO--
Resolution No. 10, Series 2008
9/20/2011
6 -2 -7
EXHIBIT C
PROPERTYMGMT. NO.
IGA AGREEMENT NO. 08HA300070
PARCEL NO. 2101 -034 -03 -0002
PROPERTY LOCATION: Vail. Colorado
LEASE AGREEMENT
(Vacant Land)
THIS LEASE AGREEMENT, made and entered into this _ Iolay of OW , 'i` 0 Bby and between
The Town of Vail, a Colorado home rule municipality, whose address or principal place of business is
1309 Elkhorn Drive, Vail, Colorado 81657, hereinafter referred to as "Lessor ", and THE STATE OF
COLORADO, acting by and through the DEPARTMENT OF TRANSPORTATION hereinafter referred to
as "Lessee ".
WITNESSETH:
WHEREAS, as to Lessee, authority exists in the Law and Funds have been budgeted, appropriated and
otherwise made available and a sufficient unencumbered balance thereof remains available for payment
in Fund Number C0702 -275 16288.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree
as follows:
1. PREMISES, TERM, RENT. (A) Lessor hereby leases and demises unto Lessee the Premises,
hereinafter referred to as "Premises ", being a portion of Tract A, Vail Village 13 Filing, containing
approximately 1.3 acres of land as shown on the plat attached hereto, made a part hereof and marked
"Exhibit A ".
(B) TO HAVE AND TO HOLD the same, together with all appurtenances, unto Lessee, for the term
beginning May 1, 2008, and ending December 1, 2018, at and for a monthly rental of $0.00 (see
Paragraph 19 - Additional Provisions).
The Premises is to be used and occupied as a site for the construction of a Sediment Disposal Area,
hereinafter referred to as the "berm ", together with all other uses and activities which are reasonable,
prudent and necessary for the construction of said berm and for no other purposes. Payment shall be
made on the first of each month during the term hereof, to the Lessor at: N/A
Or at such place as Lessor from time to time designates by notice as provided herein, subject to the
limitations and conditions set forth in article 7, Fiscal Funding and article 10, Federal Funding herein.
2. MAINTENANCE OF PREMISES. Lessor shall, unless herein specified to the contrary, maintain
the Premises in good repair and in tenantable condition during the term of this lease, except in the event
of damage arising from an act or the negligence of Lessee, its agents or employees. Lessor shall have
the right to enter the Premises at reasonable times for the purpose of making necessary inspections and
repairs or maintenance.
3. LESSOR'S OWNERSHIP. Lessor warrants and represents itself to be the owner of, or the
authorized representative or agent of the owner of, the leased Premises in the form and manner as stated
herein, and during the term of this lease covenants and agrees to warrant and defend Lessee in the quiet,
9/20/2011
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peaceable enjoyment and possession of the leased Premises. In the event of any dispute regarding
Lessor's ownership, Lessor shall immediately, upon request from and at no cost to Lessee, furnish proof
thereof by delivering to Lessee an "Ownership and Encumbrance Letter" issued by a properly qualified
title insurance company.
4. LEASE ASSIGNMENT. Lessee shall not assign this lease and shall not sublet the demised
Premises, except to a desirable tenant for a similar use and purpose, and will not permit the use of said
Premises to anyone, other than Lessee, its agents or employees, without the prior written consent of
Lessor.
5. APPLICABLE LAW. The laws of the State of Colorado and rules and regulations issued pursuant
thereto shall be applied in the interpretation, execution and enforcement of this lease. Any provision of
this lease, whether or not incorporated herein by reference, which provides for arbitration by any extra-
judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be
considered null and void. Nothing contained in any provision incorporated herein by reference which
purports to negate this or any other special provision in whole or in part shall be valid or enforceable or
available in any action at law whether by way of compliant, defense or otherwise. Any provision rendered
null and void by the operation of this provision will not invalidate the remainder of this lease to the extent
that this agreement is capable of execution.
6. FISCAL FUNDING. (A) As prescribed by State of Colorado Fiscal Rules, it is understood and
agreed this lease is dependent upon the continuing availability of funds beyond the term of the State's
current fiscal period ending upon the next succeeding June 30, as financial obligations of the State of
Colorado payable after the current fiscal year are contingent upon funds for that purpose being
appropriated, budgeted, and otherwise made available. Further, the parties recognize that the act of
appropriation is a legislative act, and the Lessee hereby covenants to take such action as is necessary
under the laws applicable to the Lessee to timely and properly budget for, request of and seek and
pursue appropriation of funds of the Legislature of the State of Colorado which will permit Lessee to make
all payments required under this lease during the period to which such appropriation shall apply. In the
event there shall be no funds made available, this lease shall terminate at the end of the then current
fiscal year, with no penalty or additional cost as a result thereof to the Lessee.
(B) To make certain the understanding of the parties because this lease will extend beyond the current
fiscal year, Lessee and Lessor understand and intent that the obligation of the Lessee to pay the monthly
rental hereunder constitutes a current expense of the Lessee payable exclusively from Lessee's funds
and shall not in any way be construed to be a general obligation indebtedness of the State of Colorado or
any agency or department thereof within the meaning of any provision of Sections 1, 2, 3, 4, or 5 of Article
XI of the Colorado Constitution, or any other constitutional or statutory limitation or requirement applicable
to the State concerning the creation of indebtedness. Neither the Lessee, nor the Lessor on its behalf,
has pledged the full faith and credit of the State, or any agency or department thereof to the payment of
the charges hereunder, and this lease shall not directly or contingently obligate the State or any agency
or department thereof to apply money from, or levy or pledge any form of taxation to, the payment of the
annual rental charges.
(C) With Such limitation in mind, Lessee contracts to lease the Premises herein before described and
has reason to believe that sufficient funds will be available for the full term of this lease. Where, for
reasons beyond Lessee's control, Lessee's funding entity does not allocate funds for any fiscal period
beyond the one in which this lease is entered into, or does not allocate funds to continue this lease from
the then current fiscal period, such failure to obtain funds not resulting from any act or failure to act on the
part of Lessee, Lessee will not then be obligated to make the payments remaining beyond Lessee's then
current fiscal period. In such event, Lessee shall notify Lessor of such non - allocation of funds by sending
written notice thereof to the Lessor forty -five (45) days prior to the effective date of termination.
(D) The parties hereto further understand and agree that the only funds that have or may be so
appropriated and available for payment under this lease in any one particular fiscal year are for the
purpose and in an amount sufficient only to pay the rental charges provided for in article 1 above.
Therefore, notwithstanding anything herein to the contrary, the payment by the Lessee of any other
charges, liabilities, costs, guarantees, waivers, and any awards thereon of any kind pursuant to this lease
1
9/20/2011
6 -2 -9
against Lessee are contingent upon funds for such purpose(s) being appropriated, budgeted and
otherwise made available through the said State of Colorado legislature process.
7. COMPLETE AGREEMENT. This lease, including all exhibits, supplements the IGA for the
Sediment Control Storage Area. No prior or contemporaneous addition, deletion, or other amendment
hereto shall have any force or affect whatsoever unless embodied herein in writing. No subsequent
novation, renewal, addition, deletion or other amendment hereto shall have any force or effect unless
embodied in a written contract executed and approved pursuant to the State Fiscal Rules.
8. CAPTIONS, CONSTRUCTION, AND LEASE EFFECT. The captions and headings used in this
lease are for identification only, and shall be disregarded in any construction of the lease provisions. All
of the terms of this lease shall inure to the benefit of and be binding upon the respective heirs,
successors, and assigns of both the Lessor and the Lessee. If any provision of this lease shall be
determined to be invalid, illegal, or without force by a court of law or rendered so by legislative act then
the remaining provisions of this lease shall remain in full force and effect.
9. FEDERAL FUNDING. In the event that any or all funds for payment of this lease are provided by
the Federal Government, this lease is subject to and contingent upon the continuing availability of Federal
funds for the purposes hereof, and if such funds are not made available this lease may be unilaterally
terminated by the Lessee at the end of any month provided a ninety (90) day advance notice of
termination is given to the Lessor in writing.
10. NO BENEFICIAL INTEREST. The signatories aver that to their knowledge, no state employee
has any personal or beneficial interest whatsoever in the service or property described herein.
11. NO VIOLATION OF LAW. The signatories hereto aver that they are familiar with 18-8 -301, et
seq., (Bribery and Corrupt Influences) and 18- 8-401, et seq., (Abuse of Public Office), C.R.S., as
amended, and that no violation of such provisions is present.
12. CHIEF ENGINEER'S APPROVAL. This lease shall not be deemed valid until it has been
approved by the Chief Engineer, or such assistant as he may designate.
13. NOTICE. Any notice required or permitted by this lease may be delivered in person or sent by
registered or certified mail, return receipt requested, to the party at the address as hereinafter
provided, and if sent by mail it shall be effective when posted in the U.S. Mail Depository with
sufficient postage attached thereto:
LESSOR: LESSEE:
The Town of Vail Colorado Department of Transportation
Attn: Mr. Greg Hall Attn: Ms. Marcella Broussard
1309 Elkhorn Drive 15285 S. Golden Road, Building 47
Vail, Colorado 81657 Golden, Colorado 80401
Notice of change of address shall be treated as any other notice.
14. HOLDING OVER. If Lessee shall fail to vacate the Premises upon expiration or sooner
termination of this lease, Lessee shall be a month -to -month Lessee and subject to all the laws of the
State of Colorado applicable to such tenancy. The rent to be paid by Lessee during such continued
occupancy shall be the same being paid by Lessee as of the date of expiration or sooner termination.
Lessor and Lessee each hereby agree to give the other party at least thirty (30) days written notice prior
to termination of this holdover tenancy.
15. LESSEE LIABILITY EXPOSURE. Notwithstanding any other provision of this lease to the
contrary, no term or condition of this lease shall be construed or interpreted as a waiver of any provision
of the Colorado Governmental Immunity Act, 24 -10 -101 et seq., C.R.S. as now or hereafter amended.
The parties hereto understand and agree that liability for claims for injuries to persons or property arising
2
9/20/2011
6 -2 -10
out of the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials
and employees is controlled and limited by the provisions of 24 -10 -101, et seq., C.R.S., as now or
hereafter amended and 24 -30 -1501, et seq., C.R.S., as now or hereafter amended. Any provision of this
lease, whether or not incorporated herein by reference, shall be controlled, limited and otherwise modified
so as to limit any liability of the Lessee to the above cited laws.
16. SECURITY DEPOSIT. Lessee shall not be required to remit a security deposit to Lessor.
17. LESSEE'S INSURANCE. Lessee shall at its sole cost and expense, obtain insurance on its
inventory, equipment, and all other personal property located on the leased Premises against loss
resulting from fire or other casualty. The Lessee shall have the right to provide such insurance under a
self- insurance program, or, at any time during the term of this lease, to provide such insurance through an
insurance company. With respect to general liability, the Lessor recognizes that the Lessee is self
insured for general liability in accordance with the provisions of the Colorado Governmental Immunity Act
and the Colorado Risk Management Act, 24 -30 -1501, et seq., C.R.S., as amended.
18. LESSORNENDOR OFFSETS NOTICE. Pursuant to 24 -30 -202.4 C.R.S., (as amended), the
state controller may withhold debts owed to state agencies under the vendor offset intercept system for:
(a) unpaid child support debt or child support arrearages; (b) unpaid balance of tax, accrued interest, or
other charges specified in Article 21, Title 39, C.R.S., (c) unpaid loans due to the student loan division of
the department of higher education; (d) owed amounts required to be paid to the unemployment
compensation fund; and (e) other unpaid debts owing to the state or any agency thereof, the amount of
which is found to be owing as a result of final agency determination or reduced to judgement as certified
by the controller.
19. ADDITIONAL PROVISIONS.
(a) The parties have entered into this Lease Agreement to fulfill the obligationk of an
Interwiernmental Agr ement made between Lessor and Lessee on the /'day of
041 , 200 pertaining to the construction of the berm. Construction of the berm
by Lessee shall be considered full, fair and complete rent for the Premises during the term of
this Lease.
(b) In the event Lessee performs as required pursuant to this Lease Agreement and as part of
the consideration for the construction of the berm described in the Intergovernmental
Agreement, Lessor agrees to give and grant to Lessee an option to extend the term of this
Lease for 5 additional years, commencing on December 1, 2018 and expiring on December
1, 2023, upon the same terms and conditions of this Lease Agreement. In order to exercise
the option to extend the term of this Lease, Lessee shall give written notice to Lessor of its
intention to exercise the option to extend no later than October 1, 2018.
3
9/20/2011
6 -2- 11
IN WITNESS WHEREOF, the parties hereto have executed this lease agreement on the day and year
first above written.
- CON °i`'% LESSOR:
1 •ti'I'' • S SEAL s (Full L gal Name)
•
.
L
(If Corporation) By e
Attest (S ' I) P ie . •••• (Name)
' • RAOO_. Title /V
IF
By ► t ` ' 0, i RS _ 3
L►� � as q5" CC°
-P G-w-, aril 0 Federal Tax Identification Number
(Lessor's signature must either have an attest if corporation or their signature must be notarized).
STATE OF COLORADO )
) ss
COUNTY OF )
T regoing9��strument was subscribed and sworn to before me this -w day of Api,„ .J yy
Un /424"1.QV
Witness my hand and officials al. ` ,o `` ` tote G /
My commission expires
Co at `' • 4 E�. o * ,
l- • �0 „./ : p Notary Public
=• /' g c t • -s%i ?S5• j
• p v ► J€ j
,q TE O 0
ii ii n+eiiilli e ' LESSEE:
ATTEST: STATE OF COLORADO
Bill Ritter, Governor
Acting by and through
By tM S.SQ.tA • The De ent of a. Transportation
BERNHARDT K. RASMUSSEN Pamela Hutton, P.E.
Chief Clerk for Right of Way Chief Engineer
4
9/20/2011
6 -2- 12
EXHIBIT C -1
LEASE
DATE: April 4, 2008
DESCRIPTION
A Lease to the Department of Transportation, State of Colorado, containing 98,108 sq. ft. (2.252
6`
acres), more or less, in Section 3, Township 5 South, Range 80 West, of the I ' Principal
Meridian, in Eagle County, Colorado, said tract or parcel being more particularly described as
follows:
Commencing at a point, where the north right of way of Interstate 70 intersects the west right of
way line of Mountain Road (Vail Village, Thirteenth Filing), thence along said north right of way
line of Interstate 70 the following three courses;
1. Thence S. 81°07'45" W., a distance of 48.79 feet,
2. Thence S. 43 °40'33" W., a distance of 151.00 feet,
3. Thence on the arc of a curve to the left, a radius of 5,880.00 feet, a central angle of 01 °52'41 ",
a distance of 192.75 feet, (a chord bearing S. 88 °55'42" W., a distance of 192.74 feet)
to the TRUE POINT OF BEGINNING;
1. Thence leaving said right of way N. 09 °16'30" W., a distance of 121.50 feet,
2. Thence N. 30 °31'45" W., a distance of 78.30 feet,
3. Thence N. 78 °06'30" W., a distance of 96.30 feet,
4. Thence S. 72 °52'16" W., a distance of 265.75 feet to a corner on the northerly boundary of
Tract A, Vail Village, Thirteenth Filling,
5. Thence along said boundary, S. 80 °26'18" W., a distance of 169.20 feet,
6. Thence leaving said boundary, S. 04 °13'00" E., a distance of 148.22 feet, to the north right of
way line of Interstate 70,
7. Thence along said right of way, on the arc of a curve to the right, a radius of 5,880.00 feet, a
central angle of 05 °30'43 ", a distance of 565.68 feet, (a chord bearing N. 85 °13'58" E., a distance
of 565.46 feet), more or less, to the TRUE POINT OF BEGINNING.
The above described Leased Premises contains 98,108 sq. ft. (2.252 acres), more or less.
The purpose of the above - described Leased Premises is for the construction and maintenance of
a berm.
Basis of Bearings: All bearings are based on the north right of way line of Interstate 70 betvsen. /if
stations 18 +00 and 19 +54.0 being S. 81°07'45" W.,�
1 C�
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9/20/2011
6 -2- 13
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Print Dote: 3/21/2008 Sheet Revisions Colorado Department of Transportation As Constructed
EXHIBIT
- ae Name : zoml_e.nieic c.dgn Dar <: commence mgt Project No. /Code_
nor;z. soma ::IOa vert. Scale: I100 —Z
Q x I .0 / r 714 Grand Avenue No Revisions: N/A
Eagle Resitlency Unit Leader MLM -. agle, CD 910- 328 -63 BI63t Desi MLM /BB
Rhone :85 FAX 970- 328-2368 Revised:
: I N/A
O goer: Structure
Detailer: BB Numbers
O Region 3 MLM void: sheet subset: Storage subset Sheets: 2 of 2 Sheet Numher C
9/20/2011
6 -2 -14
JOWWM OF .
1� �l
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: September 20, 2011
ITEM /TOPIC: 2011/2012 Winter Parking Plan
PRESENTER(S): Greg Hall
ACTION REQUESTED OF COUNCIL: Approve the Winter 2011/2012 Parking Plan
BACKGROUND: Each year the council approves the winter parking policy objectives, parking
rates, parking pass prices and use rules outlying parking areas and any operational changes
for the upcoming season.
STAFF RECOMMENDATION: Approve or approve with modifications the winter 2011/2012
parking plan
ATTACHMENTS:
Parking Policy Memo
Parking Powerpoint
Parking Memo 050311
Parking Stats
Parking Flier
Parking Brouchure
9/20/2011
TO WN OF D
Memorandum
TO: Vail Town Council
FROM: Public Works and Transportation Staff
SUBJECT: Parking Plan for 2011 -2012 ski season
DATE: September 20, 2011
BACKGROUND
Town Council annually adopts parking management policies in conjunction with adopting each
upcoming winter parking operation plan. Presented at the May 3, 2011 council meeting were
the results of the 2010 -2011 ski season. As concluded at past parking discussions, the 2010-
2011 winter season was a season of transition due to the many dynamic changes regarding the
parking supply and demand, to include fewer construction workers, additional private options at
the new developments and a projected gradual economic recovery. Also add in record snow
and the ski season saw record skier visits.
SUMMARY OF EVENING SESSION ITEM
Staff will present and recommend Council approval of proposed parking operations for the
upcoming winter season. There are no changes proposed to the parking program from last
season. Approval will include:
• General rate structure
• Pass programs
OPERATIONAL PLAN ISSUES
Issues to be considered are the following:
• Should cost of local season parking passes be aligned with the cost of transit passes
to encourage transit use?
- Parking pass is $150 /season or $30 /month
- Bus pass is $65 /month with employer discount
o Should the price of $100 and $150 dollar passes be increased this year?
• Management of the Charter Bus /oversize vehicle lot. Currently there is no charge to
park in the lot. Town intercept surveys this last season indicated over 60 % of users
were using the lot as day skiers.
9/20/2011
7 -1 -1
o Should staff investigate charging for this lot?
• Nordic Center parking lot. Two years ago advertised 65 spaces available; last year
45 spaces were managed. Nordic center operators would like full use of the lot.
o Should the number of spaces available be reduced or eliminated?
Once again a comprehensive communication plan would be implemented for the 2011 -2012
season similar to last year. This will include use of real time parking data on m.vail.com in
conjunction with Vail Resorts.
ATTACHMENT
May 3, 2011 council packet regarding 2010 -2011 winter season statistics
Powerpoint presentation on the rate and pass prices
Last seasons parking flier and brochure
STAFF RECOMMENDATION
• Adopt the parking plan and or provide staff direction on any additional items the council
wishes to consider prior to adoption.
• Investigate charging for parking at the Charter /oversize lot
• Secure use of the frontage roads from Colorado Department of Transportation
Town of Vail Page 2
9/20/2011
7 -1 -2
Vail Parking Plan
Winter 2011 -2012
Vail Town Council
September 20, 2011
9 20 2011
Vail Parking Plan
Winter 2011 -2012
Parking Goals
Limit overflow parking on the south frontage
road to 15 days per winter season
7 days this last year
Provide sufficient close in parking spaces on all but peak
overflow days for our guests, who drive our economic engine
9/20/2011
7 -2 -2
Vail Parking Plan
Winter 2011 -2012
Parking Plan Policy Objectives
Service to Core Markets
Customers and guests of commercial villages
Skiers
Employees
Manage the Yield
Simplify the Product
Design Program so it is Revenue Neutral
Increase Safety
9/20/2011
7 -2 -i
Vail Parking Plan
Winter 2011 -2012
Parking Plan Guidelines
- Strongly encourage the use of transit
- Recover transit enhancement costs through parking
- Parking cost increases will be borne by parking
- Encourage turnover of short term parking spaces
- Encourage carpooling /vanpool
- Pass prices reflect a relative value received based on the daily
rate (i.e. season cost is based on 22 weeks at daily rate or
discounted daily rate)
- Strictly enforce parking violations
9/20/2011
7 -2 -4
Vail Parking Plan
Winter 2011 -2012
CLOSE -IN PARKING
Entries Between 3 AM 3 PM
Vail Village & Lionshead Structures
2,500 spaces
Hourly Parking Pay Upon Exit
Proposed Rates Fees Are Good 7 Days A Week
0 to 2 hrs Free
2 to 3 hrs $15
3 to 4 hrs $20
4 to 24 hrs $25 All Day cap
9/20/2011
7 -2 -5
Vail Parking Plan
Winter 2011 -2012
CLOSE -IN PARKING
Entries Between 3PM and 3AM
Vail Village & Lionshead Structures
2,500 spaces
Free after Three
9/20/2011
7 -2 -6
Vail Parking Plan
Winter 2011 -2012
Value Passes
Pay a percentage of the full rate and have access to whole garage
Non Peak Peak
Type of Pass Type of Pass
Vail Eagle County Vail Eagle County
Discount
% 50% 40% 20% 12%
Time Full Rate Discounted Rate
0. -2 0 0 0 0 0
2. -3 $15.00 $7.50 $9.00 $12.00 $13.20
$10.0
3. -4 $20.00 0 $12.00 $16.00 $17.60
$12.5
4+ $25.00 0 $15.00 $20.00 $22.00
9/2() 2011
7 -2 -7
Vail Parking Plan
Winter 2011 -2012
Parking Passes
Gold Pass $ 3,250
Silver Pass $ 1,800
Blue Pass $ 1,100
Employee Passes
Green Pass $ 500
Pink Pass $ 150
Frontage Road Placard $ 100
9/20/2011
7 _2.8
Vail Parking Plan
Winter 2011 -2012
Free Parking Areas
Spaces this year
Trail heads
• North Trail 6
• East Vail Interchange 15
• Red Sandstone 3
• Buffehr Creek 3
• Spraddle Creek 6
• Booth Creek* 3
• Bighorn Creek* 3
• Pitkin* 3
• End of Bighorn Road* 5
9/20/2011
7 -2 -9
Vail Parking Plan
Winter 2011 -2012
Free Parking Areas cont.
Spaces this year
Parks
• Red Sandstone 15
• Donovan 120
• Stephens 0
• Bighorn* 0
• Buffehr Creek 0
North Frontage Road
• West of west Vail Roundabout 100
• Safeway 70
Nordic Center 45
Municipal Building 45
Total 462
*Note not all spaces were occupied last winter
9/20/2011
7 -2 -10
Vail Parking Plan
Winter 2011 -2012
Operational Issues
Council may consider
• Employee pass
• Charter Oversize lot
• Nordic Center Parking
9/20/2011
7 -2 -ll
Vail Parking Plan
Winter 2011 -2012
Approve
➢ Goals and Policies
• Daily Rate Structure
• Parking Pass
• Value Pass
• Outlying Free Areas
9/20/2011
7 -2 -12
Vail Parking Plan
Winter 2011 -2012
Work remaining
Secure CDOT permission for continued Frontage Road use
9/20/2011
7 -2 -13
Memorandum
TO: Vail Town Council
FROM: Public Works
DATE: May 3, 2011
SUBJECT: 2010 -2011 Winter Parking Overview
I. SUMMARY
The Town annually provides an overview of the previous winter season.
Background
The town stated the 2010 -2011 season would be a transitional season with regard to less
construction workers in town, new operational policies regarding rates and passes as well as
operation of new parking supply both public and private.
Winter Statistics
2007 -2008 2008 -2009 2009 -2010 2010 -2011
Village transactions 284,159 288,307 325,308 343,396
Lionshead transactions 186,054 79,028 187,045 179,971
Total transactions 470,213 467,335 512,353 523,367
Village Structure Filled Days 73 50 38 16
South Frontage Road Days 48 24 21 7
9/20/2011
7 -3 -1
2007 -2008 2008 -2009 2009 -2010 2010 -2011
Total number of S Frontage Road Cars 14,672 8,518 7875 1675
Average Number of S Frontage Road Cars* 319 355 380 239
Maximum Number of S Frontage Road Cars 1070 715 702 393
Number Cars in other Public Parking,
Wendy's, Donavan, W Front Rd etc.* DK 30,988 38,741 37,934
15 busiest S Frontage Road Day 365 284 289 N/A
15 busiest All Unmanaged Day DK 610 734 352
Skier Visits 1.57 M 1.622 M 1.599 M TBD
*Not all days are included in this data (2008/2009 109 days, 2009/2010 123 days, and
2010/2011 133 days)
Attachemnt A spreadsheet provides greater detail of historical parking statistics.
Season Overview
Given the record snow for the season and increased lift tax numbers it would be expected once
the final skier numbers are released they would be above last years.
The town was able to operate all the public spaces in the garage available to all users this last
season(no value lots). This allowed full utilization of the public spaces on peak days. We had
estimated during the 2010 -2011 season we would see 200 less cars per day during the week
and 100 cars per day during the weekend due to construction. In addition, we acknowledged
the addition of 80 spaces in Solaris. Solaris operated with more of their 300 spaces going to
public parking than just the 80. The result on days the Village filled there were 300 cars in
Solaris. Some of the cars were for Solaris business with the majority using the garage as a public
garage. There was also increased use of Middle Creek and 7 day a week use of Safeway. Adding
to the supply was the other private lots operating last season. Vail Resorts were within 40
spaces of the no net loss policy because of the north day lot construction, and this coming
season will be 21 spaces above the net parking spaces.
2010 -2011 Revenue /Use Overviews
Passes
Pink and Value passes were the pass of choice with drop in popularity in the higher priced pass
products. This is due to the good value of the lower priced passes and private competition and
choices for the higher priced passes.
9/20/2011
7 -3 -2
Daily revenue
Revenue was down mainly due to less construction workers and with Solaris being another
choice for users. In addition, using a significant sample, the percentage of users in the initial
free period increased from 34% (0 -11/2 hour) to 49.9 % (0 -2 hour) of all transactions, and finally
increased use of value passes from both Vail and down valley locals are in a separate revenue
and transaction tally and therefore decreasing the numbers above.
Customer Satisfaction Scores.
The aggregated season score for 2010 -2011 was 3.60 this is up from 2009 -2010 of 3.54.
IV. ATTACHMENTS
A. Parking statistics through the years
9/20/2011
7 -3 -3
Attachment A Parking Slats 2010-2011
Village Structure Fill. Fr011taffe ROad Parking
2000-2001 2001-20022002-20032003-20.2004-20052005-20062006-20072007-20082008-20092009-2010 2010-2011 2000-20012001-20022002-2003 2003- OW 2004-2005 2005-20062006-2007 2007-200. 2008- 009# 2009-20102010-2011
November 3 0 6 0 0 4 0 0 0 0 0 November 3 0 a
December 15 II 15 9 5 12 8 5 II 2 1 December 10 12 a a a 2
January 17 II 5 12 II . 13 19 . 10 5 January 1 1 10 7 8 14 6
P.., . 10 15 12 12 15 15 18 9 12 7 Feburary 9 8 7 6 6
march 23 23 16 9 13 19 20 25 13 10 2 march 12 10 7 8 15 a
April April a 5 4
Total 74 55 60 . 45 66 . 73 50 38 16 Total 45 40 35 1 27 31 25 . 2 21
Pass. 2001-02 2002-03 2002-03 2003-04 2004-20052005-2006200620072007-20002008-20092009-20102010-2011 South Fr011tage Road Car Counts (highest to lowest)
Gold 196 181 205 175 178 172 173 2. I. 191 125 2000-20012001-20022002-2003 2003-200, 2004-2005 2005-20062006-2007 2007-200. 2008-2009# 2009-20102010-2011
Silver 56 54 50 . 1208 910 1420 829 1207 891 1001 1070 715 702 393
Blue 359 188 309 175 181 199 270 2. 283 .4 237 957 800 1073 .5 950 596 576 812 688 567 308
Green 169 195 107 134 .6 220 .5 107 144 133 921 781 893 462 717 590 525 751 603 .3 274
Pink 492 585 415 .7 .5 690 704 408 .0 515 787 730 871 459 510 581 442 749 528 .4 196
Value 1700 1935 2340 3660 Meter Meter Meter 928 1030 1.3 786 641 768 .1 461 580 3. 675 501 517 192
Eagle County Meter Meter Meter 0 222 6. 709 609 681 369 459 493 .1 673 495 515 183
Const placard 41 159 20 0 118 60 707 583 661 320 417 462 295 .9 414 .1 129
Total .55 2965 3.2 872 4700 II. 1512 1701 1964 2459 3299 705 520 565 300 .6 447 282 479 405 467
Pases wo value 555 1030 1294 872 1040 II. 1512 1701 1036 1207 1113 631 472 5. 210 325 418 257 451 3. .7
I daY . 424 513 2 . 323 404 226 417 as1 .1 I
615 421 512 181 315 396 214 416 .2 390
608 406 490 173 287 391 193 410 .2 .9
571 390 410 102 2. 349 169 398 327 378
558 385 407 69 240 335 168 368 290 320
15th day .1 367 381 2. 303 132 365 2. 289
521 3. 351 209 299 96 324 275 237
500 351 .0 200 287 91 324 274- .1
.0 342 321 195 235 82 310 249 180
421 308 288 187 235 82 309 245 163
418 304 287 169 2. 76 294 .9 108
.7 288 275 168 205 70 287 208 106
.2 280 251 I. I. 283 .6
374 277 235 156 183 281 136
.9 259 203 115 183 260 108
.9 249 189 I04 I. 246
321 246 I. I. 243
304 229 180 139 238
287 221 168 95 2.
282 204 I. . 213
274 174 70 202
267 165 191
254 I. 177
204 I. 173
200 113 171
188 98 168
110 50 167
163
161
120
120
95
92
69
se
Total 17882 13217 13679 4545 8741 9879 5666 .672 8518 7975 1675
Avg # cars on the road 4. 367 456 325 350 341 270 319 355 .0 239
. West Day Lot in Use
.. Wendys Lot NPR In Use
# Wendys Donovan a. NPR in use
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9/20/2011
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9/20/2011
7 -5 -2
VAIL Like nothing on earth:
4 Use m.vail.com for tips on
TRW OFvnu = i " k N. where to park
PARKING INFO � ' 1R
i ? i � Like nothing on earth.
2010 - 2011 Winter Season .Or. R\
AA t Parking Garage Status
.a .. � yr
'i �- ., a -.,, : TOR(]f'yAE ' . Parking Garage %Full Status
Village Structure 52% "®
THANK i 'iJ U Lionshead Structure 28%
F O R visi T I N G 'Park at either Lionshead or Village Structures"
„ ) ,. VAIL Like nothing on earth:
2010 - 2011 Winter Season
NEW FOR Travel Tips
• If you live in the Front Range, relax. Leave Vail • Looking for a ride to the slopes, or wanting
after 6 p m and arrive home by 8 p m
2010 • S take o a rider a nonpro fit o _2011 share fit g aniz
ge, kiCarpol org is a rganization
Receive personalized Vail Valley road alerts that facilitates carpooling to Colorado resorts
from public safety dispatchers sent directly through their website.
Driving into Vail for the day? to your cell phone, smartphone, PDA or other
Go to our new mobile site m.vail.com for real- hand -held device. Visit www.ecalert.org to • Watch for the variable message signs along
time space availability in the Vail Village and subscribe or to view current updates. 1 -70 for real -time updates on travel times and
LionsHead parking structures. road conditions.
• Convert your day -trip to an overnight stay or
arrive the night before and avoid 1 -70 traffic
delays. Lodging packages are available at
www.vail.com or m.vail.com.
GUEST PARKING
Skiers / Riders / Shopping / Dining / Nightlife
WEST VAIL EXIT
VAIL MOUNTAIN � 173
I
FORD P P�� CASCADE V' P g
PARK p 0%4 VILLAGE P s
._ VILLAG
4 �/ LIONSHEAD EA / , P
E ASTVAIL � ` • GONDOLA ��/ •
& DENVER .• EXIT
176 P® (kg
LEGEND O GOLDEN PEAK PASSPORT CLUB /MOUNTAIN VALET O ARRABELLE
0 Public Parking 0 MANOR VAIL 0 CASCADE VILLAGE
0 VAIL VILLAGE PARKING STRUCTURE 0 DONOVAN PARK All free parking areas are within short walking
Valet Parking 0 SOLARIS 0 NORTH FRONTAGE ROAD /SAFEWAY distance of free shuttle
0 L IONSHEAD PARKING STRUCTURE C NORTH FRONTAGE ROAD/WEST END bus stop .'
Chairlift TOWN QF VAIL
9/20/2011
7-6 -
SKIERS AND RIDERS
Close -in Conven Vail Village Parking Structure, top deck, Self Park at Privately
Public Parking S. Frontage Rd. E. (follow signs). Operated Garages
10 10 spaces es available 7 days ys a a weeek, , es 6 a.m. to 6 p.m.; p g
Vail Village & LionsHead garages, all levels free 30- minute parking. Solaris, 141 E. Meadow Dr.
0 to 2 hrs FREE Daily parking available on a first -come, first - served
2 to 3 hrs $15 Golden Peak, 458 Vail Valley Dr. basis; 24 -hour access; rates vary. Parking validation
3 to 4 hrs $20 (follow signs from Frontage Road) available for participating Solaris businesses. Call
All Day $25 cap 20 spaces available 7 days a week, 7 a.m. to 5 p.m.; 970- 479 -6000 for availability.
free 15- minute parking.
Tip Parking is Free after 3 p.m. Manor Vail Lodge, 595 E. Vail Valley Dr.
Golden Peak offers the closest access to the Limited daily parking available on a first -come,
TIP lifts; however, this area is congested from
Valet Parking 8:30 a.m. to 10:30 a.m. and from 3 to 4 p.m. first - served basis; Rates are $35 8 a.m. to 6 p.m.
on Fridays, Saturdays and holidays, so please or $25 from 12 to 6 p.m.
Golden Peak, 458 Vail Valley Dr. plan accordingly.
(follow signs from Frontage Road) Golden Peak Passport Garage, 458 Vail Valley Dr.
100 spaces available 7 days a week, 8 a.m. to Free Outl Parking 15 spaces available during non - holiday periods
5 p.m.; $30 per vehicle or $45 if stored at the from 8 a.m. to 6 p.m.; Rates are $40 for all day or
drop -off location; For advance reservations, visit North Frontage Road alongside West Vail $25 after 12 p.m. Call 970 - 754 -8020 for availability.
www.mountainvalet.net. Mall /Safeway, 2131 N. Frontage Rd.
70 spaces available 7 days a week, 7 a.m. to Cascade Village, 1295 Westhaven Dr.
Arrabelle at Vail Square, 675 LionsHead Place 11 p.m.; serviced by free bus. Daily parking available on first -come, first - served basis;
Spaces vary based on availability; offered 7 days $5 er hour with $25 cap p per day; 24 -hour access.
a week, 24 -hour access. Cost is $35 per day. Donovan Park, 1600 S. Frontage Rd. W. a
Parking is discounted with purchases of $25 or 90 spaces available when Donovan Pavilion isn't RVail
Rates may
ma y va ry from tromp publi blic c parking fe ees s in in the hhe aV Vaiai
more at participating Arrabelle businesses. in use, 7 a.m. to 11 p.m., serviced by free bus. offer validated parking. Call ahead to inquire.
Visit www.vailgov.com /parking for availability.
Use valet services if convenience matters or for O verflow Parking
°' late arrival. Arrive by 7 a.m. for guaranteed outlying space g
lia on most occasions. Avoid parking in areas The South Frontage Road is used for free emergency
where hangtags are present and be sure to parking only when the Vail Village Drop -off check the regulatory signs for eligibility. overflow g y g
e and LionsHead
NEW West End of LionsHead parking garage, Some parking areas are reserved for parking structures are filled to capacity. Vehicles parked on the
350 S. Frontage Rd. W. pass holders only. Frontage Road must be removed by 11 p.m.
20 spaces available 7 days a week, 6 a.m. to 6 p.m.; Temporary bus stops will be activated (flashing
free 30- minute parking. lights) on South Frontage Road east of Ford Park
during peak overf lows.
SHOPPING, DINING & NIGHTLIFE
Close -in Convenient Passenger Drop -off Cascade Village, 1295 Westhaven Dr.
Daily parking available on first -come, first - served basis;
Public Parking N West End of LionsHead parking garage, $5 per hour with $25 cap per day; 24 -hour access.
Vail Village & LionsHead garages, all levels 350 S. Frontage Rd. W.
0 to 2 hrs FREE 20 spaces available 7 days a week, 6 a.m. to 6 p.m.; Rates may vary from public parking fees in the Vail
2 to 3 hrs $15 free 30- minute parking. Village and LionsHead garages. Some restaurants
3 to 4 hrs $20 offer validated parking. Call ahead to inquire.
All Day $25 cap Vail Village Parking Structure, top deck,
240 S. Frontage Rd. E. (follow signs) Overflow Parking
Park Free After 3 p.m., all levels, and enjoy 10 spaces available 7 days a week, 6 a.m. to 6 p.m The South Frontage Road is used for free
arras ski with parking until 3 a.m. Vehicles free 30- minute parking.
may be left overnight when the driver has had emergency overflow parking only when the Vail
too much to drink and has obtained a coupon TM If drop -off area is full, use spaces throughout the Village and LionsHead structures are filled to
from the Vail Village or LionsHead Visitor parking garage as parking is free after3 p.m. capacity. Vehicles parked on the Frontage Road
Information Center. must be removed by 11 p.m.
Self Park at Privately police conducts parking
Village structure is located at 240 S. Frontage Rd. The p
E., east of the Main Vail roundabout.; LionsHead Operated Garages furl enforcement (warnings or citations) on vehicles
structure is located at 350 S. Frontage Rd. W., Solaris, 141 E. Meadow Dr. F illegally. This Road is used for when the
Frr ontage r parking before the
west of the Main Vail roundabout. Daily parking available on a first -come, first - served second garage is filled.
basis; 24 -hour access; rates vary. Parking validation
Valet Park available for participating Solaris businesses. Call
Arrabelle at Vail Square, 675 LionsHead Place 970- 479 -6000 for availability. Vail Parklni. Info
Spaces vary based on availability; offered 7 days Manor Vail Lodge, 595 E. Vail Valley Dr. 970- 479 -2104
a week, 24 -hour access. Cost is $35 per day. Limited daily parking available on a first -come,
Parking is discounted with purchases of $25 or
more at participating Arrabelle businesses. first - served basis; Rates are $35 8 a.m. to 6 p.m. Va il T r n Fr'
or $25 from 12 to 6 p.m. 970- 477 -3456
1 Some restaurants offer validated parking. Golden Peak Passport Garage, 458 Vail Valley Dr. ECO Regional Transit
Call ahead to inquire. 15 spaces available during non - holiday periods
from 8 a.m. to 6 p.m.; Rates are $40 for all day or 970 - 328 -3520
$25 after 12 p.m. Call 970 - 754 -8020 for availability.
9/20/2011
7 -6 -2
JOWWM OF .
1� �l
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: September 20, 2011
ITEM /TOPIC: Presentation of revised concept plan for Lionshead East Mall Plaza
Streetscape Project.
PRESENTER(S): Greg Hall
ACTION REQUESTED OF COUNCIL: Please refer to attached memorandum.
BACKGROUND: Please refer to attached memorandum.
STAFF RECOMMENDATION: Please refer to attached memorandum.
ATTACHMENTS:
Memo to council
9/20/2011
MEMORANDUM
To: Town Council
From: Public Works
Date: September 20, 2011
RE: Lionshead Transit Center Phase III - Lionshead East Mall Plaza Streetscape
Project.
Introduction
The Town council has reviewed the conceptual designs for the Lionshead East Mall Plaza and
Concert Hall Plaza Streetscape Projects on two previous occasions. Staff believes there was
clear direction and consensus on the design for Concert Hall Plaza and is proceeding to the
design development stage on that area.
Staff has 3 questions for the Town Council regarding the concept design for the Lionshead East
Mall Plaza Streetscape Project. The 3 questions are as follows.
1. Does the revised concept design for Lionshead Eat Mall Plaza presented here satisfy
the design goals and previous direction from the council in order to be approved as the
Preferred Concept?
2. Are the cost estimates of $2,145,000 for Lionshead East Mall Plaza and $652,000 for
Concert Hall Plaza, overall $27,750 under budget, acceptable to the council?
3. Does the council wish to increase the project budget to add the following 2 staff
recommended items?
a. Snowmelting East Lionshead bus loop ($87k)
b. Mill and overlay East Lionshead Circle ($65k)
Background
On August 16, 2011 staff and members of the design team outlined functional goals and
presented design options for the Lionshead East Mall Plaza and Concert Hall Plaza Streetscape
Projects. Direction from Council on the Draft Preferred Concept for Lionshead East Mall Plaza
included relocation of the bus shelter out of the view corridor, widening the pedestrian way
adjacent to the bus shelter and removal of the stage area and special event electrical power at
the bus shelter. An increased budget to provide for heating of the East Lionshead bus loop
was included in the council direction received.
On September 6, 2011 staff and members of the design team presented two versions of the
plan for Lionshead East Mall Plaza. The first version, "Town Council Plan ", included the
changes requested at the August 16 discussion. The second version, "Lionshead Merchant
Plan ", made additional changes requested during the public outreach to the Lionshead
community.
9/20/2011
8 -1 -1
The Town Council's direction to staff and the design team was to create a hybrid plan which
incorporated elements from both plans and to bring back a project that is within the project
budget. The most significant change was to move the bus shelter closer to the bus lane than
where it was positioned in the Merchant' Plan. The plan has been updated to reflect the
recommended changes. The revised Draft Preferred Concept for Lionshead East Mall Plaza is
attached to this memorandum. In order to reduce the estimated cost of the project the
snowmelted pavement in the bus loop and the final milling and overlay of East Lionshead Circle
(to eliminate the cut and patched appearance) were eliminated. Staff recommends the council
consider adding these items back into the project and increasing the budget accordingly. An
updated cost estimate for the combined Lionshead East Mall Plaza and Concert Hall
Streetscape Project with the cost of the recommended additions is included below.
Concert Hall Plaza
Concert Hall Plaza budget $ 750,000
Concert Hall Plaza (all inclusive) $ 639,750
CHP Expenses from Phase I $ 12,500
Concert Hall Plaza Total cost $ 652,000
Concert Hall Plaza under budget $ 97,750
Lionshead East Mall Plaza
Lionshead East Mall Plaza budget $ 2,075,000
Lionshead East Mall Plaza (all inclusive) $ 2,050,000
LH EMP Expenses from Phase I $ 95,000
Lionshead East Mall Plaza total cost $ 2,145,000
Lionshead East Mall Plaza over budget $ 70,000
Net cost of combined projects is $27,750 under budget.
Recommended additions to Lionshead East Mall Plaza.
Snowmelting of East Lionshead bus loop $ 87,000
Mill and overlay of East Lionshead Circle $ 65,000
9/20/2011
8 -1 -2
Recommended Council Action
Review the Draft Preferred Concept for the Lionshead East Mall Plaza and provide direction to
staff regarding the 3 questions presented.
1. Does the revised concept design for Lionshead Eat Mall Plaza presented here satisfy
the design goals and previous direction from the council in order to be approved as the
Preferred Concept?
2. Are the cost estimates of $2,145,000 for Lionshead East Mall Plaza and $652,000 for
Concert Hall Plaza, overall $27,750 under budget, acceptable to the council?
3. Does the council wish to increase the project budget to add the following 2 staff
recommended items.
a. Snowmelting East Lionshead bus loop ($87k)
b. Mill and overlay East Lionshead Circle ($65k)
Once approval of the concept design and budget has been receive from the council, staff will
proceed to the Design Review Board with the final Preferred Concepts for Lionshead East Mall
Plaza and Concert Hall Plaza Streetscape Projects and begin development of the design and
construction documents for bidding and construction.
9/20/2011
8 -1 -3
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: September 20, 2011
ITEM /TOPIC: This work session will focus on addressing several questions raised at the
August 2nd Town Council public hearing which focused on wrapping up the discussion
pertaining to the proposed Master Plan amendments for the Ever Vail development. This
work session will respond to questions from the previous hearing and ask for clarity on several
topics so amendments to the proposed text contained within Resolution No. 6, Series of 2011
can be wrapped up and presented at a future hearing for a vote.
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
9/20/2011
"Ever Vail" (West Lionshead) within the "Commercial Core" designation, and setting forth
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, Ordinances No. 7, 8, and 9,
Series of 2011, and Resolution No. 6, Series of 2011 to the October 4, 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,
Ordinances No. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011 to the
October 4, 2011 public hearing.
ATTACHMENTS:
TC Memo 092011
Letter for ERWSD 091411
Draft Resolution No. 6, Sereis of 2011
PEC Minutes from January 10 and 24, 2011
9/20/2011
TOWN OF VAIL'
Memorandum
TO: Vail Town Council
FROM: Community Development Department
DATE: September 20, 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 provide the Town Council with responses to
several questions raised at the August 2 nd review of 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. The goal of this work session is to provide staff with additional
input on Resolution No. 6, Series of 2011 in order for staff to prepare the document for a
vote in conjunction with the developer improvement agreement.
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.
On August 2 nd Staff presented a draft copy of Resolution No. 6, Series of 2011
containing all input up to that point. At that hearing additional questions were raised
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9 -1 -1
based upon the presentation. The changes to the Lionshead Redevelopment Master
Plan were highlighted as follows:
Chapter 4 Recommendations — Over All Study Area
• Addition of three new view corridors and potentially a fourth over the water
district; 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;
• 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.
Amendments to the Lionshead Redevelopment Master Plan require a public hearing
review process as outlined in Section 12 -3 -6 of the Town Code. If approved,
amendments are adopted by resolution by the Vail Town Council. According to the
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9 -1 -2
Lionshead Redevelopment Master Plan, amendments to the Master Plan must address
the following review criteria:
1) How have conditions changed since the plan was adopted?
2) How is the plan in error?
3) How would an addition, deletion, or change to the plan be in concert with the
plan in general?
III. DISCUSSION
1) Can an additional view corridor be included from the proposed Ever Vail
gondola plaza overlooking the Eagle River Water and Sanitation District
(ERWSD) plant?
Staff response:
Yes, a view corridor can be included in the Master Plan amendments adopting a view
corridor from the proposed Ever Vail gondola plaza over the ERWSD to capture a view
of the Gore Range.
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.
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.
Town of Vail Page 3
9/20/2011
9 -1 -3
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:
a. Is the view critical to the identity, civic pride, and sense of place
of Lionshead? A nice view is not sufficient.
Town of Vail Page 4
9/20/2011
9 -1 -4
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 ?"
In response to this question the applicant took a photo from a location in the
proposed gondola plaza at an elevation approximating the elevation of a camera five
feet above the finished elevation of the plaza. (approximately 19 feet higher than
existing grade). The applicant then utilized existing plans to estimate the elevations
of the roof forms on the ERWSD building. The photo below depicts the approximate
view and elevation of the lowest point of the view corridor that would be necessary to
ensure protection of the view as it exists today.
The ERWSD has submitted a written response expressing their opposition to the
adoption of a view corridor over their property (Attachment A)
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Elevation at Proposed Grade: —8,120' _
Elevation of Camera: 8,125'
Town of Vail Page 5
9/20/2011
9 -1 -5
Staff believes there are several aspects to take into consideration regarding the
adoption of a view corridor over the ERWSD property. The ERWSD property is
currently zoned General Use (GU) district. Within the GU district the height of
structures permitted is reviewed by the Planning and Environmental Commission as an
element of an overall site design proposal through the conditional use permit process.
The adoption of a view corridor over the ERWSD property could have impacts to the
future redevelopment of the site if the bottom elevation of the view corridor was set at
an elevation of 8,135 feet.
If the Town Council believed that the adoption of a view corridor meet the criteria
identified above Staff would recommend that language be added to the Master Plan
amendments clarifying the intent of the view corridor. If the intent of the view corridor
was to capture a view of the Gore Range solely the view corridor could be defined so as
to remain over the southerly portion of the ERWSD site allowing for increased
development on the northerly portion of the site. If it was felt that the Ritz - Carlton
Residences were an important element to include in the view corridor a bottom
elevation to the view corridor would likely need to extent across the entire site.
Additionally, the bottom elevation of the view corridor could be increased from 8,135
feet to allow for some additional height on the southerly portion of the property if it were
felt that a portion of the Gore Range view could be lost without impact.
Staff believes it is appropriate to place a view corridor in this location with a clear bottom
elevation and a clear northerly extent so as to not affect redevelopment with regard to
height on the entire site. Staff believes the bottom elevation of the view corridor could
be raised above 8,135 feet to allow for three to four stories of redevelopment with a
sloped roof form. The letter from ERWSD states that the ideal situation in the future is a
relocation of the facility off of this site, however, the logistics of this are challenging. As
the ERWSD has a goal of relocation and the potential exists for a future redevelopment,
placing a view corridor across the site will ensure the protection of an identified
significant view from a new portal to the mountain should Ever Vail proceed forward.
2) Add language to Section 5.17.1, South Frontage Road Realignment, Lionshead
Redevelopment Master Plan clarifying the desire for an east bound bike lane
and a reduction in the pedestrian /bicycle path?
Staff response:
Language has been added to Section 5.17.1, South Frontage Road, Lionshead
Redevelopment Master Plan identifying the need to reevaluate the South Frontage
Road design to incorporate a dedicated east bound bike lane and reduction in width for
the pedestrian /bike path located on the south side of the relocated South Frontage
Road.
Town of Vail Page 6
9/20/2011
9 -1 -6
3) In Section 5.17.3, Parking, add: "Without including parking spaces required
for the proposed gondola, as determined by the PEC, if any,..." to the start of the
first sentence. Include "Vail Resorts" to the new sentence discussing a
relocation of a portion of the additional 400 parking spaces.
Staff response:
The language of Section 5.17.3, Parking, was amended to include this change.
4) Will the overhead utility lines be buried in conjunction with the proposed Ever
Vail development?
Staff response:
Yes. The extent of the overhead utility lines paralleling the South Frontage Road from
the intersection with West Forest Road and to Cascade Village will be buried as a part
of the relocation of the South Frontage Road. Additionally, the overhead utility lines
extending from the south side of Interstate 70 south across the proposed Ever Vail site
and up the side of the mountain to a point just east of where the Cat Alley (path from
maintenance yard) reaches the Westin Ho cat trail.
5) Relocate proposed view corridor 8 to capture a view of pedestrians on West
Lionshead Circle.
Staff response:
The figure in the proposed Master Plan amendments has been altered to depict the
yellow triangle pulled back in to a location within the development to match the image
captured in the photograph of pedestrians on West Lionshead Circle.
6) In Section 5.17.6, Pedestrian and Bike Access, clarify the ability for
pedestrians as well as bicycles to traverse the site without having to dismount or
utilize an escalator in an east to west direction.
Staff response:
The language of Section 5.17.6, Pedestrian and Bike Access was amended to include
this change.
7) In Section 5.17.10, Relationship to Red Sandstone Creek and Gore Creek,
clarify that stream health during construct shall not be degraded.
Staff response:
The language of Section 5.17.10, Relationship to Red Sandstone Creek and Gore
Creek, has been amended to clarify that the health of the creek shall be maintained
throughout construction.
Town of Vail Page 7
9/20/2011
9 -1 -7
8) Amend Section 5.17.10, Relationship to Red Sandstone Creek and Gore Creek
to include the possibility of leaving Red Sandstone and Gore Creeks in a more
natural state verses and being improved with pedestrian walkways and bridges.
Staff response:
The language of Section 5.17.10, Relationship to Red Sandstone Creek and Gore
Creek, has been amended to include a recommendation that Town reviewing authorities
evaluate the appropriateness of any improvements within the riparian area of these
creeks in conjunction with future applications.
9) In Section 5.20, Eagle River Water and Sanitation District, clarify what is
intended by the statement, "Legal and physical access... ".
Staff response:
The language in Section 5.20, Eagle River Water and Sanitation District, was amended
to remove the statement "Legal and physical" to simply state that access shall be
provided.
10) In Section 5.17.12.1, Building Height, change the proposed language to state
that two to three stories, verse three to four stories is appropriate along Gore
Creek on the western side of Ever Vail (Glen Lyon Office Building site).
Staff response:
Prior to making this change to the proposed Master Plan language staff believes
additional information should be presented to the Town Council so that it the history of
the Glen Lyon Office Building site is fully provided. Staff has not presented any of the
site specific recommendations for the Glen Lyon Office Building site at any public
hearing.
Prior to 2008 the Glen Lyon Office Building was not included within the study
boundaries of the Lionshead Redevelopment Master Plan. Resolution No. 26, Series of
2008, amended the Lionshead Redevelopment Master Plan to include the Glen Lyon
Office Building within the study boundaries of the Master Plan and establish Detailed
Plan Recommendations for the site.
Through the adoption of Resolution No. 26, Series of 2008, the Planning and
Environmental Commission and the Vail Town Council evaluated the specific
recommendations contained within Section 5.17.6, Redevelopment Considerations for
Glen Lyon Office Building site. The site specific recommendations include provisions
for replacing all the existing office square footage, location of 100% of the employee
housing mitigation required by Code on site, relationship to Red Sandstone and Gore
Creeks, and restrictions on height.
Town of Vail Page 8
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9 -1 -8
With regard to building height on the Glen Lyon Office Building site the following was
adopted:
"5.17.6.1 Height
Building heights shall be consistent with Figure 5 -25, West Lionshead Building
Massing and Height Limitations. Notwithstanding the height limitations set forth
in Figure 5 -25, the maximum height for buildings on the Glen Lyon Office
Building site shall not exceed 56 feet."
Within the proposed amendments the Glen Lyon Office Building site is depicted as
having a maximum height of 56 feet on the eastern most portion of the site while
stepping down to a height of 24 feet on the western end of the site. The proposed
language has taken the existing recommendation and imposed greater restrictions to
height.
At the August 2 nd public hearing several members identified a desired change to the
height of potential structures adjacent to Gore Creek. It was suggested that the
proposed Master Plan recommendation of three to four stories be changed to two to
three stories. Staff was unclear as to this being the maximum allowed height across the
length of the proposed Ever Vail development adjacent to Gore Creek, only for a portion
of the frontage, or if a step back in the facade of building along the creek needed to
occur to establish a bulk and mass presence which is appropriate.
IV. ACTION REQUESTED OF COUNCIL
The Community Development Department requests the Vail Town Council continue the
Major Subdivision, Ordinances No. 7, 8, and 9, Series of 2011, and Resolution No. 6,
Series of 2011 to the October 4, 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.
• 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
VI. STAFF RECOMMENDATION
The Community Development Department recommends the Vail Town Council continue
the public hearing on the request for the Major Subdivision, Ordinances No. 7, 8, and 9,
Town of Vail Page 9
9/20/2011
9 -1 -9
Series of 2011, and Resolution No. 6, Series of 2011 to the October 4, 2011 public
hearing.
VII. ATTACHMENTS
A. Letter from ERWSD dated September 14, 2011
B. Draft Resolution No. 6, Series of 2011
C. PEC Minutes from January 10 and 24 2011
Town of Vail Page 10
9/20/2011
9 -1 -10
AIMPP EAGLE RIVER
6441r.,
WATER & SANITATION DISTRICT
846 Forest Road • Vail, Colorado 81657
(970) 476 -7480 • FAX (970) 476 -4089
www erwsd. org
September 14, 2011
Mr. Warren Campbell, Department of Community Development
Mayor Dick Cleveland
Members of the Vail Town Council
Town of Vail
75 South Frontage Road
Vail, CO 81657
Subject: Ever Vail
Dear Ladies and Gentlemen:
Thank you for the opportunity to comment on the Ever Vail applications for amendments to the
Lionshead Redevelopment Master Plan (LRMP), Special Development District No. 4, Cascade Village,
zone district boundary and the Vail Town Code, and for subdivision approval submitted by Vail Resorts
Development Company (VRDC) to the Town of Vail (Town). The purpose of this letter is to create a
record in the Vail Town Council's proceedings of the Eagle River Water and Sanitation District's (District):
1. preference that the District's Vail Waste Water Treatment Plant (VWWTP) and the future Vail
Drinking Water Facility (VDWF) be relocated to another site less central to the proposed Ever
Vail development;
2. previous request that any and all approvals of Ever Vail be subject to certain conditions; and
3. opposition to the proposed view corridor.
In addition, this letter updates the Town on the status of the conditions necessary for the District to
provide water and wastewater services to the proposed Ever Vail development.
Relocation of the District's Facilities
The District has numerous concerns regarding the proximity of the District's facilities to the proposed
Ever Vail development and the impact of such development on the District's current and future
industrial operations, as discussed in more detail below. The District believes that it would be in the best
interests of the Vail community, the District, and VRDC if the VWWTP and the future VDWF be relocated
to another site that is less central to and not such a focal point of the proposed Ever Vail development.
The District and VRDC commissioned a study that was completed in January 2009, to review the
feasibility of relocating the District's facilities to either the west or east end of the proposed Ever Vail
development. The study identified the west end of the proposed development as the most logical area
for relocation. A new wastewater treatment plant and drinking water facility would be located mostly
underground, lessening the adverse effects of locating residential and commercial properties near the
VWWTP and VDWF. The District is willing to share in the cost associated with the relocation of the
144% WATER, WASTEWATER, OPERATIONS & MANAGEMENT SERVICES
9/20/2011
Page 1 of 6
9 -2 -1
Mr. Warren Campbell
Mayor Dick Cleveland
Members of the Vail Town Council
September 14, 2011
VWWTP on a new site within Ever Vail up to an amount equal to the cost the District would have
incurred to upgrade the existing VWWTP at its current location. Any such amount to be paid by the
District shall take into account any credit due the District resulting from the difference in value between
the District's current site centrally located within the proposed Ever Vail development and the less
central relocation site.
Timing is a critical factor in any relocation of the District's facilities. The District's relocation activities,
which could take up to 4 -5 years from initiation to the facilities being fully operational, must be
coordinated with VRDC's phasing of the Ever Vail development. In addition, the conditions detailed
below, although somewhat different if the District's facilities were to be relocated, still apply and must
be addressed during the Ever Vail approval process, if the District is to continue to provide adequate
treatment services compatible with the development proposed adjacent to its facilities.
Town of Vail's Approval Process
As we have commented on previously, the physical relationship of Ever Vail to the VWWTP and the
District's future VDWF, together with the realignment of the South Frontage Road, pose challenges that
must be addressed by VRDC and the Town for the District to continue to provide reliable water and
sanitation services to the Town's residents, businesses, and guests. As such, we request that the Town
incorporate the following conditions into the Developer Improvement Agreement (DIA) and make any
and all approvals of Ever Vail subject to such conditions:
1. Preservation of vehicular access to the VWWTP upper parking deck from Forest Road.
As you are aware, a portion of the existing driveway to the VWWTP upper parking deck lies
within the South Frontage Road right of way. There is no other feasible means to access the
upper parking deck. As such, we request that as part of the preliminary plan approval, VRDC be
required to convey to the District that portion of the vacated South Frontage Road right of way
necessary for access to the parking deck.
2. Preservation of vehicular access to the western portion of the District's property (on which the
VDWF will be located) through Ever Vail.
As you are aware, the District currently accesses the western portion of its property directly
from the existing South Frontage Road. There is no other feasible means to access the western
portion of the District's property. As such, we request that as part of the preliminary plan
approval, VRDC be required to grant to the District an easement through Ever Vail to access the
western portion of its property where the VDWF will be located. Access through Ever Vail must
be sufficient for large vehicles such as fire trucks, concrete trucks, and construction equipment,
including cranes. Without such access, maintenance and upgrades of the VWWTP, and
construction of the VDWF will not be feasible.
Page 2of6
9/20/2011
9 -2 -2
Mr. Warren Campbell
Mayor Dick Cleveland
Members of the Vail Town Council
September 14, 2011
3. Protection of the Town and the District from nuisance lawsuits.
We believe some buyers and tenants of residential and commercial properties within Ever Vail
may become unhappy with the proximity of their homes and businesses to the VWWTP and the
VDWF. As such, we request that VRDC:
a. disclose to prospective buyers and tenants the existence and locations of the VWWTP and
the VDWF and their potential impacts;
b. obtain an acknowledgement from all owners and tenants of the existence, locations and
potential impacts of the VWWTP and VDWF; and
c. obtain a waiver and release from all owners and tenants of all claims against the Town and
the District and a covenant not to sue the Town or the District with respect to the VWWTP
and VDWF.
We request that the DIA require that these concepts be documented in (i) all public offering
documents, contracts and leases used in connection with the marketing, sales, and leasing of
homes and commercial spaces within Ever Vail and (ii) one or more documents recorded against
the Ever Vail property, such as the subdivision plat, master association declaration and
condominium declarations. As before, we also request that all future application materials label
our property as "Sewage Treatment Plant."
4. Coordination of the Town's approval process with the District's Development Approval Process.
The issues related to water and wastewater service of the proposed Ever Vail development are
significant. The District is concerned that such issues could affect VRDC's ability to perform its
obligations under the DIA with the Town. The District believes that water and wastewater
service issues should be dealt with early on in the Town's approval process and requests that
the Town condition its approvals of the proposed Ever Vail development on:
a. the District's ability to serve Ever Vail; and
b. the District and VRDC having entered into an agreement for services.
This coordination of approvals between the District and the Town will assure that water rights
and all water and wastewater service issues are resolved before construction on the proposed
Ever Vail development proceeds.
5. Creation of setbacks necessary to ensure that future construction on the District's site can be
effectively achieved.
Building to the property line, by either the District or VRDC, will restrict future access and could
hinder the ability of the District to provide reliable and cost - effective operations to our service
area within the Town. Also, any significant grade difference between the District's property and
VRDC's property could impact the District's ability to maintain, operate and construct
improvements on the District's property. With these concerns in mind, the District requests that
Page 3of6
(l
9/20/2l 1
9 -2 -3
Mr. Warren Campbell
Mayor Dick Cleveland
Members of the Vail Town Council
September 14, 2011
the Town impose a ten (10) foot setback on both the District's property and property adjacent
to the District's property.
6. All sewage from Ever Vail should be directed to the VWWTP.
For purposes of water rights administration, preservation of stream flows, and maximization of
the water available for snowmaking, as much water use by Ever Vail as possible should be
returned to Gore Creek at the outfall of the VWWTP. This may require VRDC to construct
facilities such as lift stations and pipelines.
7. Granting of easements from VRDC to the District across Ever Vail, north of Gore Creek, suitable
for gravity fed sewer mains running from east to west in the event the District relocates the
VWWTP to another location within or adjacent to Ever Vail or creates a sewer collection system
leading to a down valley plant.
As stated above, the District's preference is that the VWWTP be relocated to a less central site
within the Ever Vail boundary. Although an agreement on such relocation may not occur now in
connection with the approval of the Ever Vail development, the relocation option may be the
most cost effective approach over the long run and the possibility of a relocation should be
preserved for the future. As such, possible alignments for the sewer mains need to be identified
now and easements provided in connection therewith and incorporated into the design of Ever
Vail. If such physical corridors and easements are not provided, the opportunity to move the
VWWTP in the future could be lost.
8. Treatment of the District in the same fashion as VRDC's proposed metropolitan districts —
meaning that, like the Ever Vail metropolitan districts, the District will receive the taxes
generated by its mill levies on the incremental valuation (i.e., the difference between the base
assessed valuation and the post - development valuation of the area within the Lionshead Tax
Increment Financing (TIF) District), resulting from the Ever Vail development instead of the Vail
Reinvestment Authority.
The District will incur significant capital and operational costs to serve Ever Vail. Such costs
should be paid by our Ever Vail customers who benefit the most from such costs, not by the
District's existing customers.
The District's staff and Board of Directors believe that adequate resolution of these issues is crucial to
the continued high quality drinking water and wastewater treatment services provided to the residents,
businesses, and guests of the Town.
Opposition to the Establishment of a New View Corridor
It has come to the District's attention that in connection with the amendment to the LRMP, the Town is
evaluating the establishment of a new view corridor from the proposed Gondola Plaza within Ever Vail
to the Gore Range. This proposed view corridor would be directly over the District's property. The
District strongly opposes the establishment of this new view corridor. Such proposed view corridor
Page 4of6
(l
9/20/2l 1
9 -2 -4
Mr. Warren Campbell
Mayor Dick Cleveland
Members of the Vail Town Council
September 14, 2011
would not satisfy the criteria required pursuant to the Town's view corridor ordinance and under the
LRMP. The proposed view to be protected is seen from property owned by VRDC, and views from
private property cannot be recognized or protected. Since this property is not currently accessible to the
public, the view of the Gore Range from such vantage point is not commonly recognized and cannot be
considered to contribute to civic pride since nobody sees the view today. Furthermore, if the District's
facilities are not relocated, the establishment of such view corridor over the District's property would
impede the expansion of the VWWTP and the construction of the VDWF. As acknowledged by the LRMP,
the Ever Vail development and the continuing development of the Town will necessitate the expansion
of the VWWTP, and the most likely direction of such expansion would be to the west on property
conveyed to the District by the Town (i.e., the Town's old shops property). Any height restrictions
imposed on the District's property by the proposed view corridor may limit the development options in
connection with the VWWTP expansion and VDWF construction and affect the District's ability to
provide high quality drinking water and wastewater services to the Town. The District requests that the
Vail Town Council reject the proposed new view corridor.
The District's Development Approval Process — Status Update
The proposed Ever Vail development is being evaluated through the District's Development Approval
Process. As part of such process, the District and VRDC are currently working together to determine the
conditions necessary to provide water and wastewater service to the proposed Ever Vail development.
Once determined, such conditions and other requirements will be documented in a Water and Sewer
Services Agreement which shall include the following:
• Determination of water rights dedication requirements;
• Determination of treated water storage requirements; and
• District Infrastructure Acceptance Procedure.
Regarding the water rights dedication, the District will require the submission of a Water Demand
Worksheet from VRDC for the proposed development. Proposed water demands will be evaluated in
order to determine the amount and timing of water needed to serve the proposed development and,
alternatively, the dollar amount of a cash payment in lieu of a water rights dedication, if such cash
payment is approved by the District's Board of Directors. We have not yet received a proposal for the
dedication of water rights or indication of a request for an alternative cash payment in lieu of a water
rights dedication from VRDC.
For the proposed Ever Vail project, the District anticipates that the treated water storage dedication
requirement will be satisfied by a cash fee in lieu of a dedication of tank storage, in accordance with the
District's policy. Such cash fee in lieu shall be at the discretion of the District's board of directors.
The District Infrastructure Acceptance Procedure includes Construction Plan Approval, Construction
Acceptance, and Final Acceptance. The Construction Plan Approval procedure includes the evaluation of
the proposed infrastructure; and the impacts that the proposed development, including the relocation
of the South Frontage Road, will have on existing water and wastewater systems, including the capacity
and function of distribution, collection, and treatment facilities, and on operations and maintenance.
Page 5of6
9/20/211
9 -2 -5
Mr. Warren Campbell
Mayor Dick Cleveland
Members of the Vail Town Council
September 14, 2011
We would be happy to provide additional information to or engage in further discussion with the Town
regarding the issues and concerns documented in this letter.
Sincerely,
Lien Brooks
Acting General Manager
Eagle River Water & Sanitation District
cc: Eagle River Water & Sanitation District Board of Directors
Diane Johnson
Jim Collins
Glenn Porzak
Kevin Kelley
Alex Iskenderian
Page 6 of 6
9/20/2011
9 -2 -6
RESOLUTION NO. 6
Series of 2011
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, 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
italics(additions), and strikethrough ita /ic�(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
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9 -3 -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.
y
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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. ..,.
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Figure 4 -5b: Public View Corridor Seven
2
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9 -3 -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.
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Figure 4 -5c: Public View Corridor Eight
4.6.2 South Frontage Road
Recommendations outlined below address the potential realignment ce- alignntt 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. - - - A . e-_. _ _ -- . -
- - - - - - -- - - - -- - - A • - --
with a partial r lignment of the Frontage Road. 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
9/20/2011
11
9 -3 -3
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Figure 4 -9: Conceptual Realignment of the South Frontage Road
POTENTIAL BUS/TRANSIT STOP
`: OPOSED MIXED USE BOIL DI NC AEA
GROU • LOOP RETAIL f M IKED USE ABOVE , A0
AMI SKI AREA SUP• W/ SUB -GRADE MAINTENANCE r - v�- :� �� +'rt5 RI11
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PARKING STRUCTURE r A `I'
, A
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Li
FIGURE 4 -9 - EXISTING FRONTAGE ROAD ALIGNMENT / WEST LIONSHEAD DEVELOPMENT CONCEPT I - -
4
9/20/2011
9 -3 -
Figure 4 -9 to be deleted.
POTENTIAL BUS /TRANSIT STOP
PROPOSED MIXED USE BUILDING AREA - f
GRO • ,+ FLOOR RE / MIXED USE ABOVE
SKI AREA SU • •.RT W/ SUB-GRADE MAINTENANCE PE OE¢TRI NI
Il FORME J
GONDOLA
PARKING STRUCTUREr r I
r
. iiiiiiA ' - ' ' 0/ ___
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FIGURE 4 -9A — RE- ALIGNED FRONTAGE ROAD' WEST LIONSHEAD DEVELOPMENT CONCEPT (I, '.
Figure 4 -9A to be deleted.
5
9/20/2011
9 -3 -5
POTENTIAL 300 SPACE PER PLATE PARKING
STRUCTURE FOOTPRINT ON WEST DAY LOT
MAINTAIN EXISTING FOREST ROAD
ALIGNMENT
POTENTIAL INGRESS/EGRESS • * INT
- VAIL SANITATION f
1
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- POTENTIAL 400 SPACE PER PLATE
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POTENTIAL TRANSIT PICK- UP/DROP -OFF POINT
Figure 4 -14 -West Linnshead Patting Struriu a tu utkt
Figure 4 -14 to be deleted.
6
9/20/2011
9 -3 -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 1 i„nsh
5.17 Ever Vail
Ever Vail is a 12.6 acre site and is located in West Lionshead (see Figure 5 -21). Ever Vail Wcct
Lionshead 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 and the Eaglc
- i. _ - --e _ _ _ _ ' -. 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 Villa•e for •edestrians, bic cles and vehicles.
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t 1 10 f • a 4 T �t
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Figure 5 -21: Conceptual Ever Vail Site Plan
7
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9 -3 -7
5.17.1 South Frontagc Road Improvements and Vchicular Access
Road and its rctcntion in thc existing alignmcnt. Whilc thc introduction of lift scrvicc is viablc in cithcr of
these Frontagc Road altcrnativcs, site design will vary depending upon what happcns to thc Frontagc
Road alignmcnt. Sec Figures 1 Oa, and 1 gb for thc Frontagc Road r alignment altcrnativcs.
- - - - - - - -- - - - - -
square footagc and "no net loss" of rctail square footagc as a result of the rcdcvclopmcnt of these
parccls. Furthcrmorc, scrvicc and dclivcry for Wcst Lionsh d shall occur underground or bc hidden
from public vicw. Scrvicc and dclivcry truck turning mancuvcrs should not ncgativcly impact traffic flow
on the South Frontagc Road. With a r lignmcnt of vchicular acccss points, attcntion should bc given to
thc location of scrvicc and parking ar s.
a. Rctcntion of Existing Frontagc Road Alignment
If the Frontagc Road remains in its currcnt location the Maintenance Yard /Holy Cross parccls, thc
rcmain viablc dcvclopmcnt sites. The most viablc site for a public parking facility would bc the
- - - -- - --
sit- is a viablc location for a basc terminal. This location would rcquirc a gradc separated
pedestrian cros✓ing ovcr thc Frontagc Road to thc Maintcnancc Yard /Holy Cros✓ parccls. A
strong st west oriented pcdcstrian corridor with ground floor rctail uscs would bc necessary to
Road scenario thc Vail Professional Building sitc and Cascadc Crossing could bc developed as a
contiguous parccl.
In kccping with Policy Objcctivc 2.3.1 Improvcd Access and Circulation, of the Plan,
opportunitics for public transportation and vchicular circulation improvcmcnts shall bc explored in
conjunction with any futurc rcdcvclopmcnt of thc sites. Possiblc opportunitics for improvements
may includc, an improvcd mass transit stop, rclocatcd /rcduccd /sharcd points of cntry /exiting,
restricted acccss points, acceleration/ deceleration lanes, gr to sight distanccs, dcdicatcd
turning lanes, landscaped mcdians and skier drop off.
In thc rcdcvclopmcnt of Cascadc Crossing and thc Glen Lyon Officc Building sitc under the
currcnt configuration of thc Frontagc Road, thc bus stops in front of said propertics shall be
enhanced with, for cxamplc, shcltcrs, benches, and landscaping. Pcdcstrian connections shall
bc improvcd from thc bus shcltcrs, across thc South Frontagc Road and to and from the
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 submitted to the Colorado Department of Transportation
(CDOT) and as shown in figure 5 -21a. Prior to the Town of Vail submitting the final plans for the
relocation of the Frontage Road to CDOT the Town shall reevaluate the design to include a
dedicated east bound bike lane and a reduction in the width of the pedestrian /bike path on thr
south side of the relocated South Frontage Road. 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
8
9/20/2011
9 -3 -8
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 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 large 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 the most viable site for a public parking facility would still be thc Maintcnancc
. - -- - -- - --
sitc would not require a grade separated pedestrian crossing to thc Maintcnancc Yard /Holy Cros&
parcels. However, a grads separated cro sing over thc Rcd Sandstone Crcck would bc needed to link
thc Holy Cross site with the Vail Professional Building site.
This altcrnativc would also present thc opportunity for enhancing Rcd Sandstone Crcck to make it more
general improvements for wetlands and wildlife habitiat. Any modification or enhancement to the creek
corridor would bc subject to U.S. Army Corp of Enginccrs approval. A strong cast west oricntcd
pedestrian corridor with ground floor retail uses would bc necessary to cr tc a strong connection
between this ar and thc rest of Lionsh d.
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Figure 5 -21a: Conceptual Realignment of the South Frontage Road
9
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9 -3 -9
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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.
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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 loss
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.
Without including parking spaces required for the proposed gondola, as determined by the
Planning and Environmental Commission, if any 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. - I he
construction of a portion of the additional 400 parking spaces may be explored by Vail Resorts
and 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.
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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.
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.
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Figure 5 -22: Conceptual Transit Facility and Bus Stops
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LEGEND:
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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.
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Figure 5 -22b: Conceptual Gondola and Mountain Portal
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5.17.6 Pedestrian and Bike Access
As compared to a separate, free - standing portal, Wcst Lionsh d 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 Wcst Lionsh ad 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 Wcst Lionsh d 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 as a pedestrian or on a bicycle from west to east without the need to
utilize an escalator, stairs or dismount should be considered in the design and evaluated in the
context of all other bicycle and pedestrian connections. - - - _ - _ - _ •_ e- -
runs acros,r; thc couthwcct corncr of thc Glcn Lyon Officc Building sitc. If thc sitc rcdcvclops the
rccrctation path shall be cnhanccd to mcct town rccrcational path standards and to providc a safc and
attractivc pedestrian and bikc cxpericncc. 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.
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LEGEND:
r i i PEA STRIAM Of&V
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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.
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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 W ionshoad Ever Vail. Opportunities for increasing the
square footage of office and retail beyond the existing conditions in Wcst Lionsh d Ever Vail shall be
evaluated during the development review process. Currently, Wcst Lionsh d 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 Wcst Lionsh d
Ever Vail. During the winter months, the proposed gondola ski lift in Wcst Lionch d Ever Vail and the
associated parking will generate significant pedestrian traffic and activity. However, consideration shall
shout -ld be given to how Wcst Lionch d 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 Nest I ionshead 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
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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.
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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
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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.
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). In conjunction with the review of a specific plan for Red
Sandstone and Gore Creeks Town reviewing authorities should consider to what extent it is
appropriate to locate improvements such as walkways and bridges in these riparian corridors
verses allowing the creeks to remain in a more natural state. The project will preserve large trees
and the relocate others where practical (see figure 5 -24a). Rcd Sandstonc Crcck and Corc Crcck
abut the Glcn Lyon Office Building sitc, formcr gas station sitc, Holy Cross site and thc Vail Profcssional
Building sitc. Any rcdcvclopmcnt of those parcels should consider how thc crccks can be cnhanccd and
trccs and natural stoop slopcs along the 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 stream bank 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 during and post- construction shall not be
degraded below pre- construction levels. The determination of steam health shall be measured
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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.
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Figure 5 -24: Red Sandstone and Gore Creek Improvements
19
9/20/2011
9 -3 -19
1 4.01 .44040.0
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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
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9/20/2011
9 -3 -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.
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Figure 5 -25: Conceptual Interpolated Grade Plan
21
9/20/2011
9 -3 -21
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Figure 5 -25a: Conceptual Maximum Average Height Plan
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MAX. HT. - 37
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Figure 5 -25b: Conceptual Maximum Height Plan
22
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9 -3 -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.
X 16'
� l
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ter- .
► .
t
= .� .! ' M
i f ....:3) p� l i {�
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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
9/20/2011
9 -3 -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.
d r
"It wo
•
`, ► r f y � NIrrr a tJ
/ � e
I. �
12. +
• - d o* -
•
Figure 5 -25d: Conceptual Landscape Plan
5.17.12.4 Site Coverage (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
9/20/2011
9 -3 -24
r r,
. s wry
-- (1 _
>
o
•
Figure 5 -25e: Conceptual Site Coverage
5.17.13 5.1 7.5 Architectural 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 West Lionsh d 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.
be responsive to the Gore Crcck and Rcd Sandstone Crcck corridors, in that buildings shall gradually
"stop down" at the crock sides. Building hcight and massing shall also "stop down" towards the
standards is that building hcight reduces by entire floor levels in the locations as generally depicted on
Figure 5 25.
25
9/20/2011
9 -3 -25
Notwithstanding the hcight allowances dcpictcd on Figurc 5 25, buildings fronting directly along Gorc
„ - .- - - - e -
avoid large expanses of sh r /unbrokcn 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 Redevelopment Considerations for Glen Lyon Office Building site
Consistent with its location at the western edge of West Lionsh d and with respect to the extensive
frontage along Gorc Crcck, it is appropriatc to recognize certain development limitations and
opportunities regardlccc of thc underlying zonc district.
5.17.6.1 Hcight
Building heights shall bc consistent with Figurc 5 25, West Lionsh d Building Massing and
Hcight Limitations. Notwithstanding thc hcight limitations set forth in Figurc 5 25, thc maximum
height for buildings on the Glen Lyon Office Building site shall not exceed 56 feet.
5.17.6.2 Residential Land Use and Density
e e-. _ .--e _ . .. - - _ - - Icn Lyon Office Building site include a three story
building with 10,829 squarc feet of general officc space and a surface parking lot. Because of the
potential redevelopment including a ski lift and activity center, it may be appropriatc to introduce a
rnix of uses on site. If residential uses arc proposed, the use shall be consistent with the Master
Plan goal to incr se thc number of `Live Bcds' in Lionsh d. Rcsidcntial density on thc site
adjacent uses and Gorc Crcck.
in buildings on site. If residential uses arc proposcd on the street Icvcl or first floor, thc vitality of
thc pedestrian and bike experience shall bc considered along with the function and character of
the adjacent uses and structure design. The mixture of land uses on the Glen Lyon Office
uses to serve both the visitor and the permanent resident.
5.17.6.3 Office Land Use
Consistent with the Mastcr Plan requirement for an incr se of officc space, the existing 10,829
squarc feet of officc space shall be replaced and incr scd on cite.
5.17.6. Employee Housing
All (100 %) of the employee housing requirements associated with the Glen Lyon Office Building
site, as required by the Vail Town Code, shall bc met on cite.
5.17.6.5 Landscape Preservation & Relationship to Red Sandstone & Gorc Creek&
26
9/20/2011
9 -3 -26
a - - - --
linc and the Gorc Crcck along thc south property lino. The rcdcvclopmcnt of thc Glcn Lyon
brush on the shores. Evcry effort shall bc taken to prescrvc the substantial trccs and natural
stoop slopcs along thc banks of both crocks. Whilc thc natural riparian corridor of thcsc str ms
access and utilization of Gorc Crcck and Rcd Sandstone Crcck for fishing and othcr rccr ational
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 relocating the cntirc
building would bc to rclocatc thc District's offices and construct "air rights" dcvclopmcnt above and
around thc trcatmcnt facility. ERWSD property is located within West Lionshead adjacent to Ever
Vail. Access to ERWSD shall be provided by the Ever Vail property owners through Ever Vail to
accommodate current uses and future development of the ERWSD property.
27
9/20/2011
9 -3 -27
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Figure 5 -21 to be deleted.
28
9/20/2011
9 -3 -28
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29
9/20/2011
9 -3 -29
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Figure 5 -23 to be deleted.
30
9/20/2011
9 -3 -30
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31
9/20/2011
9 -3 -31
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32
9/20/2011
9 -3 -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
9/20/2011
9 -3 -33
PLANNING AND ENVIRONMENTAL COMMISSION
January 10, 2011 at 1:OOpm
THHOFVAIL ' TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Luke Cartin
Michael Kurz
Bill Pierce
Henry Pratt
John Rediker
Tyler Schneidman
David Viele
30 minutes
2. 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 S. Frontage Road
West/Lot 54, Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC090036)
Applicant: Ever Vail, LLC, represented by the Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Tabled to January 24, 2011
MOTION: Kurz SECOND: Rediker VOTE: 5 -0 -2 (Viele and Cartin recused)
Commissioners Kurz and Rediker stated that they were concerned about making a final
determination or recommendation for such a complex project without adequate time for review.
Commissioner Cartin recused himself as his employer was the applicant and Commissioner
Viele recused himself as he had a financial interest in the Glen Lyon Office Building which is to
be a part of the project if approved. This applied to agenda items 2, 3, and 4.
Warren Campbell requested that the Chairman read into the record the descriptions for items 3
and 4 on the agenda as the three Ever Vail applications to be heard and the Staff presentation
would cover all three as they are interconnected with regard to their review.
George Ruther made a brief presentation on the process for the review of the Ever Vail project.
Warren Campbell made a presentation per the Staff memorandum. He requested that the
Commission table the SDD amendment as a need to notify additional individuals was necessary.
The Commission tabled this item.
30 minutes
3. 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 of
properties from Arterial Business District to Lionshead Mixed Use 2 District, located at 953 (Vail
Professional Building) and 1031 (Cascade Crossing) South Frontage Road West / Unplatted and
a zoning of portions of South Frontage Road West street right -of -way to Lionshead Mixed Use 2
District, located at South Frontage Road West right -of -way (a complete legal description is
P agqe 1
9/20/ 11
9 -4 -1
available for inspection at the Town of Vail Community Development Department), and setting
forth details in regard thereto. (PEC080061)
Applicant: Ever Vail LLC, represented by the Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Recommendation of approval with conditions
MOTION: Kurz SECOND: Pratt VOTE: 5 -0 -2 (Viele and Cartin recused)
CONDITIONS:
1. Approval of this zone district boundary amendment is contingent upon the applicant
obtaining Town of Vail approval of the associated major amendment to a special
development district to allow for the removal of Development Area D (Glen Lyon Office
Building) from Special Development District No. 4, Cascade Village.
2. Approval of this zone district boundary amendment shall only become effective upon
recording of the associated Ever Vail Subdivision Final Plat as approved by the
Planning and Environmental Commission and the Vail Town Council in accordance
with Title 13, Subdivision Regulations, Vail Town Code.
Tom Miller, representing Vail Resorts Development Company, introduced the project team.
Dominic Mauriello presented a recap of the review that has taken place thus far and the process
moving forward. He then went into detail regarding the preliminary plan, rezoning, and the SDD
amendment. Specifically, he went over changes to the project since the last presentation.
Jim Lamont, Vail Homeowners Association, asked about locations for skier drop off.
Dominic Mauriello responded by showing skier drop off in the transit center on site. There are 4
bus bays and 13 skier drop off spaces. He added that there was a DEVO drop off 50 plus short
term spaces in the west phase of the project. On a non - Saturday, there will be an abundance of
skier drop off.
Commissioner Pratt asked if a recommendation could be made if the SDD amendment were to
be tabled.
Warren Campbell responded yes.
30 minutes
4. 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)
Applicant: Ever Vail LLC, represented by the Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Recommendation of approval with conditions
MOTION: Kurz SECOND: Schneidman VOTE: 5 -0 -2 (Viele and Cartin recused)
CONDITIONS:
1. The applicant shall be required to enter into a subdivider's agreement with the Town
of Vail, which shall detail all elements negotiated between the applicant and the Town
prior to the approval of the preliminary plan by the Town Council.
2. This approval for a preliminary plan is contingent upon approval of the associated
special development district major amendment application and the adoption of the
proposed Lionshead Mixed Use 2 District zoning for the property.
Page 2
9/20/2 - 011
9 -4 -2
3. The applicant shall submit the final plat for review and approval by January 10, 2012,
per Section 13 -3 -6, Final Plat, Vail Town Code.
PLANNING AND ENVIRONMENTAL COMMISSION
January 24, 2011
�a 1:OOpm
WWNOFY [,
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Luke Cartin Michael Kurz
Bill Pierce
Henry Pratt
John Rediker
Tyler Schneidman
David Viele
30 minutes
2. 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 S. Frontage Road
West /Lot 54, Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC090036)
Applicant: Ever Vail, LLC, represented by the Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Approved with conditions
MOTION: Pratt SECOND: Schneidman VOTE: 4 -0 -2 (Cartin and Viele recused)
CONDITION(S):
1. Approval of this major amendment to a special development district is contingent upon
the applicant obtaining Town of Vail approval of the associated request to amend the
zone district boundaries of the Town of Vail Official Zoning Map to zone Parcels 1 and
2 of the Ever Vail Subdivision to the Lionshead Mixed Use 2 District.
2. Approval of this major amendment to a special development district shall only become
effective upon recording of the associated Ever Vail Subdivision Final Plat as
approved by the Planning and Environmental Commission and the Vail Town Council
in accordance with Title 13, Subdivision Regulations, Vail Town Code.
Commissioners Viele and Cartin recused themselves on this item.
Warren Campbell made a presentation per the Staff memorandum.
Commissioner Pierce asked for an overview of the Ever Vail review process.
Warren Campbell responded with a summary of the review of the actions taken at the January
10, 2011 public hearing and the actions requested at today's hearing.
Page 3
9/20/
9 -4 -3
Commissioner Rediker asked why the zoning change is necessary.
Warren Campbell responded that the SDD could be amended to allow for the desired outcomes
in Ever Vail, however the Lionshead Redevelopment Master Plan (LRMP) and the Vail Land Use
Plan were amended to include the Glen Lyon Office Building (GLOB) property within the Plans
which results in more comprehensive plan and redevelopment of the site.
Dominic Mauriello, representative of the applicant, added that the removal of GLOB from SDD 6
would be in concert with the recommendations of the LRMP.
Commissioner Rediker asked if the rezoning would provide additional development potential.
Warren Campbell responded that the rezoning would provide additional development potential.
He added that the bulk and mass would be restricted on the GLOB by the LRMP.
Commissioner Rediker stated his concern about density along Gore Creek. He noted on page 8
of the staff memorandum, the proposed master plan amendments call Gore Creek an amenity,
while it should be referred to as a natural resource. He added that there should be mandatory
requirements for protecting trees and restoring vegetation along these banks. He further
questioned the staff response to Criterion F, which stated there was no specific development
proposal at this time.
Warren Campbell responded that the major exterior alteration applications have not been
submitted for review on the property and once they were that they would be reviewed by the
Planning and Environmental Commission.
Commissioner Rediker asked why the applications for Ever Vail were being done in a piece meal
fashion.
George Ruther responded that the applications are being separated in order to allow the
mechanisms for review of specific elements to be put into place, including subdivision, rezoning,
etc. He added that each application which the Commission has acted upon included conditions
tying them all together. Success of one application was dependent on the success of all
applications.
Commissioner Pratt asked about the height limit on the GLOB property and how it could be
codified once it is taken out of the SDD.
Warren Campbell responded that height limitations for the property were included in the master
plan amendments which will be discussed later in the hearing.
60 minutes
3. 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 recommendations for West
Lionshead (Ever Vail) and setting forth details in regard thereto. (PEC110002)
Applicant: Ever Vail, LLC, represented by the Mauriello Planning Group
Planner: Warren Campbell
ACTION: Approve with conditions /modifications
MOTION: Pratt SECOND: Schneidman VOTE: 3 -1 -2 (Rediker opposed, Vlele
and Cartin recused)
CONDITION(S):
Page 4
9/20/2011
9 -4 -4
1. The applicant shall provide revised digital images to staff depicting the Simba Run
underpass on all figures identified in the amendments, prior to being scheduled for the
reading of a Resolution to adopt the changes to the Master Plan.
2. This approval for amendments to the Lionshead Redevelopment Master Plan is
contingent upon approval of the associated special development district major
amendment application, recording of the final plat, and the adoption of the proposed
Lionshead Mixed Use 2 District zoning for the property.
3. The Commission recommended the following modifications to the proposed Master
Plan amendments:
1. Section 4.4.3 the Commission does not believe the proposed view corridors should
prevent other properties form redevelopment, specifically proposed view corridor
eight.
2. Section 5.17.1 is to be modified to include the language from 5.20 regarding the
provision of access to ERWSD .
3. Section 5.17.2 is to be modified to include the language from 5.20 regarding the
provision of access to ERWSD .
4. Section 5.17.2 is to be modified to delete the second sentence of paragraph four
and a new sentence added to reference section 4.7 of the Master Plan.
5. Section 5.17.7 is to be modified to state in the sixth sentence of the first paragraph
that "public spaces and plazas are not shaded by buildings ".
6. Section 5.17.8 Staff shall inform the Town Council that the Commission is
concerned about the timing of office replacement.
7. Section 5.17.10 is to be modified to identify the creek as a "community resource"
and be more affirmative in the requirement of wetland preservation and tree
preservation and relocation. Additionally, language requiring the mitigation of
development impacts is to be added.
8. Section 5.21.12 is to be modified to state 5.17.13 and the third paragraph is to be
deleted.
9. Section 5.21.13 is to be modified to state 5.17.14 and to delete references to the
LEED and include references to the green design principles
10. Section 5.20 Staff shall inform the Town Council of the architectural design
concern raised by the public and discussed by the Commission.
Commissioners Viele and Cartin recused themselves on this item.
Warren Campbell made a presentation per the Staff memorandum, allowing for comment on
each section as he reviewed them with the Planning and Environmental Commission.
Section 4.4.3 Ever Vail View Corridors
Commissioner Pratt asked for the purpose of proposed view corridors 6 and 8. He asked why
view corridor 6 is so far down the site. He suggested it should be located further up the creek
towards the frontage road, potentially on the pedestrian bridge proposed across Red Sandstone
Creek. He added that there is nothing preventing further encroachment towards the creek and
that the view corridor should provide further protection. Similarly, view corridor 8 is not connected
to the project.
Warren Campbell explained that there was previously a view corridor located on the bridge of the
relocated frontage road looking south. The view corridor was removed as there is a 30 -foot
setback off of the centerline of Red Sandstone Creek providing for a 60 -foot wide no build zone
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negating the need to protect the view. He stated that view corridor 8 was to provide for a
connection back to the Lionshead core along the proposed pedestrian connection.
Commissioner Pierce asked what the Gore Creek setback is from the centerline.
Warren Campbell responded that the setback is 50 feet from centerline resulting a 100 -foot wide
zone.
Dominic Mauriello added that Lionshead is 60 acres and has 5 view corridors. He noted that the
view corridors would protect from future development. However, he agrees that view corridor 8
may not be necessary unless the commission wants to limit the Marriot.
Commissioner Pratt added that the view corridors need to be necessary for inclusion in the
Master Plan.
George Ruther added that the view corridors are needed to visually orient people around and
through Ever Vail.
Section 5.17.3 Parking
Commissioner Rediker asked what parking requirements are required in Lionshead Mixed Use 1.
Warren Campbell responded that the parking requirements are regulated through Chapter 12 -10
Off Street Parking, Vail Town Code, which identify the required number of parking spaces based
upon each land use and there sizes.
Commissioner Rediker asked about when the Commission would determine parking
requirements for uses without parking requirements listed such as is identified for the gondola.
Warren Campbell responded that this would occur during the conditional use permit application.
Commissioner Rediker asked who the 400 parking spaces would be provided for in the
development.
Warren Campbell responded that the 400 public parking spaces would be in addition to what is
required by zoning regulations and the no net loss of employee parking. For example, this would
be in excess of the parking required for the hotel, dwelling units, and commercial. The 400
parking spaces are meant to address the Town's parking shortage and provide parking for the
new gondola.
Section 5.17.2 Vehicular Access and Parking
George Ruther added that the proposed Master Plan language would remove the concept of
how redevelopment would occur in West Lionshead should the frontage road remain in its
current location, but rather recommends realignment.
Dominic Mauriello stated that there are a number of enclosed loading and delivery bays at -grade
and the language should be amended in the fourth paragraph to identify that these proposed
locations exist.
Bill Pierce asked if the amendments should reflect the exact locations of above ground loading
and delivery. He stated that there are a number of issues with at grade loading and delivery
bays, specifically with the doors being open allowing visibility into the spaces.
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Dominic Mauriello stated that the at -grade loading and delivery are within the development and
do not directly accessible from the frontage road.
Section 5.17.3 Parking
Dominic Mauriello stated that he recognizes that there is further word smithing and changes to
be made by the Vail Town Council when policy discussions occur, however he specifically
wanted to keep the 283 parking space number in paragraph 2 to lock in that number.
George Ruther stated that this number could change and the Town's files reflect the need for
replacement of 283 parking spaces under the no net loss policy of the Master Plan.
Commissioner Rediker asked about the short term spaces for skier drop off and grocery store
uses.
Dominic Mauriello responded that the skier drop -off could be signed to allow commercial access
to the grocery store which is in close proximity. It was currently not known what language would
be placed on the signs to allow this and for what time duration. He noted that there will be
parking for the grocery store underneath the building.
Commissioner Pratt asked to clarify that the 400 spaces would be in excess of required parking
and replacement parking.
George Ruther confirmed that it would be 400 spaces plus the replacement parking plus required
parking, totaling approximately 1,100 parking spaces.
Commissioner Rediker asked about the location of bus stops and their relationship to the
gondola.
Warren Campbell responded that the walk would be about 800 feet, which is closer than the walk
from the transportation center to lifts in Vail Village.
Section 5.17.5 Gondola and Vail Mountain Portal
Commissioner Rediker asked how close the gondola building is to Gore Creek.
Warren Campbell responded that the face of the building will be at least 50 feet from the
centerline of Gore Creek.
Commissioner Rediker asked what easements would be required for the gondola.
Warren Campbell responded that an agreement will need to be reached with the Town of Vail for
an easement across several town owned parcels to allow the gondola lift line to proceed up the
mountain.
Dominic Mauriello added that a conditional use permit would be required and further discussion
of the specifics would occur at that time.
Section 5.17.6 Pedestrian and Bike Access
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Commissioner Pratt asked about the pedestrian connections from southwest corner of the Ritz to
the gondola. He stated that the route is out of the way and confusing. He suggested a more
direct route along the access road to the subterranean maintenance facility be incorporated.
Dominic Mauriello responded that there are grade changes and access to below grade areas for
vehicles that would prevent access by pedestrians. He added that it is not impossible to allow
for pedestrian access but it is not desirable. He stated that pedestrians will be fed into the
commercial area of the project.
Commissioner Pierce added that the alley between the Arrabelle and Lion Square Lodge, and
between Arrabelle and Lionshead Center both are the shortest way to the Lionshead gondola,
and so people use these alleys frequently.
Commissioner Pratt added that people want to take the quickest route to the lift, and that in other
locations, people don't have to walk away from the lift.
Commissioner Rediker asked where the exact location of the pedestrian bridge across Gore
Creek was proposed to be located.
Dominic Mauriello pointed out its location.
Commissioner Pratt added that a bridge to the project from the Gore Creek bike path would help
to connect both sides.
Section 5.17.7 Public Spaces and Plazas
Commissioner Pratt suggested that fifth sentence of the first paragraph be revised to clarify that
the buildings were causing the shading and not the sun.
Section 5.17.8 Preservation of Existing Office and Retail Space
Commissioner Pratt asked about the timing of the office replacement. He added that being a
tenant of one of the buildings, a hypothetical tenant would have to leave and sign a lease
elsewhere, thus leaving the Town of Vail. He suggested that there be some agreement on
timing.
Dominic Mauriello added that this would be something that would be negotiated with the Town.
Commissioner Pierce added that there should be some language about the replacement of
office, perhaps half being replaced quickly.
Section 5.17.10 Relationship to Red Sandstone Creek and Gore Creek
Commissioner Rediker stated that the creeks should be referred to as natural resources not
amenities. There should be more shall statements not should statements, specifically about the
preservation of trees and vegetation. He is pleased with proposed improvements along Red
Sandstone Creek, making it a better waterway. He stated that stone /boulder areas along Gore
Creek and Red Sandstone Creek are inappropriate. He stated that only certain places should
take people right up to the creek with other areas being protected from people encroaching.
Words like contemplates and best efforts are too broad. He said the project should enhance the
protection of the creek.
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Jim Lamont, president of Vail Homeowners Association, spoke about pushing urban uses too
close to the creek edge. He said there needs to be more protection of the creeks and limits as to
how close development, paths, etc. can go. He referenced the water quality data that has been
gathered recently which highlight the need to protect the riparian corridor.
Section 5.17.11 Employee Housing
Commissioner Rediker asked whether there is an employee housing component to the Ever Vail
project and asked about timing of employee housing.
Warren Campbell responded that the applicant is proposing to meet the employee housing
needs but it may or may not be all on -site at the moment each building is completed. However,
at the completion of the project, the full regulations will be met both on and off site.
Section 5.17.12 Development Standards
Commissioner Pierce asked if the interpolated grading plan is included in other SDD amendment
requests. He stated the value of having the baseline for redevelopment in the future.
Commissioner Rediker asked for clarification on 3 to 4 story maximum along Gore Creek.
George Ruther stated that master plan language was attempting to convey a perception of the
desired outcomes not black and white regulations. The language 3 to 4 stories was an attempt
to clarify the desired bulk and mass expression.
Section 5.17.13 Architectural Improvements
Commissioner Pratt asked if the proposed language in the second paragraph is setting up the
project for a deviation from the design guidelines. He added that Lionshead from the 1970s
used to be a contemporary expression of alpine architecture, and that the same mistakes should
not be in Ever Vail.
Commissioner Pierce said hopefully we wont repeat the 1970s Lionshead style. He added that
each board should review the architecture for compliance with Master Plan.
Commissioner Pratt added that this section should say it should comply with Lionshead Design
Guidelines.
Dominic Mauriello stated that the third paragraph could be struck.
Section 5.17.14 Green Building
Commissioner Pierce stated that the LEED mention could be stricken as the program may not be
around in the future or a different program may be desired.
Commissioner Pratt agreed that LEED should be removed and a more general reference to
green building principles included.
Section 5.20 Eagle River Water and Sanitation District
Diane Johnson, representative of ERWSD, stated that the proposed language for her
organization's property was acceptable. She did request that Sections 5.17.1 and 5.17.2 be
modified to include the language found in 5.20 with regard to providing legal and physical access
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to ERWSD. She added that Section 5.17.2 should expand on "cars and trucks" to mention the
need of construction vehicles, semi - trucks, etc. to access the ERWSD site.
Jim Lamont, Vail Homeowners Association, made a comment on 5.20. He stated that the Vail
Homeowners Association is concerned about the location of the ERWSD, and its interaction with
Ever Vail and the Town as a whole. The functional and aesthetic relationship is concerning. The
town has left the interaction between ERWSD and Ever Vail to the owners. He asked a number
of questions regarding the ERWSD site, including zoning, etc. Lamont asked if the ERWSD was
redeveloped, if the Design Guidelines of the LRMP would apply. He stated that the Town has
control of how the ERWSD gets redeveloped and it should be clear that architectural
improvements are needed. He stated that the Commission should set guidelines about the
ERWSD site, and how it should aesthetically be connected to the Ever Vail project.
Commissioner Pierce stated that no one is overlooking the lack of detail on ERWSD site in the
LRMP. He asked Staff what direction to go in.
George Ruther stated that any amendments could be brought forward by the public, staff,
property owners, Commissioners, Town Council, etc. He said Staff would be reluctant to
suggest that the ERWSD site be mixed use with retail etc.
Jim Lamont added that high class international clientele oriented development next to the
"barnyard" is inappropriate. He stated that the plant could have a park on the top to be more
compatible with public spaces of Ever Vail. He added that the Town could be laughed at for not
addressing this.
Diane Johnson stated that the district and the applicant worked together to discuss future
changes on the site. She added that to relocate a sewer treatment facility was not an easy task.
There were many complicated and expensive issue related to pipe up sizing and discharge back
in the current location to address water rights issues. She added that taxpayer money should
not go for beautification beyond what is necessary.
Jim Lamont added that the ERWSD should be committed to accomplishing compatible
beautification to adjacent projects.
Commissioner Rediker asked for clarification of compatible beautification.
Jim Lamont responded that the ERWSD site needs to be a good neighbor in the community and
fit the aesthetic guidelines.
Commissioner Pierce said the commissioners should be careful in responding to neighbor
concerns about an existing property that is not being redeveloped.
Dominic Mauriello stated that the ERWSD site is required to comply with the LRMP design
guidelines.
Commissioner Pierce said that he agrees but perhaps there should be a note that this site
doesn't have to comply with the LRMP design guidelines.
George Ruther stated that there is no way to force changes to any building not proposing to
redevelop.
Jim Lamont said he would be upset if the ERWSD would not be interested in updating the
property to meet the guidelines better. He said the community needs to push for improvements.
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Commissioner Pratt suggested that the master plan amendments be tied into the Gore Creek
Water study to ensure protection.
Diane Johnson, ERWSD, stated that Red Sandstone Creek is a major contributor of loading (i.e.,
phosphorus and nitrogen) to Gore Creek and the studies show that the negative components
found in Red Sandstone Creek occur up above the Ever Vail site where old logging roads and
such cause impacts. She believes the applicant's mitigation efforts on Red Sandstone Creek
cannot address (improve) the conditions that exist upstream of the proposed development.
Commissioner Pratt said he is uncomfortable putting requirements on ERWSD, but the Town
Council should know that there are concerns about the language in 5.20
Commissioner Pierce went back to public view corridors, specifically view corridor 6 and
respecting that the setbacks provide permanent view corridor. He stated that view corridor 8
affects others, not Ever Vail, and this is not the purpose of the view corridor.
George Ruther responded that the view corridor 8 is for a visual connection from Ever Vail back
to the Lionshead Core not to capture a view about the Marriott.
The Commissioners agreed to a five minute break to allow Staff an opportunity to capture all the
modification they heard to the proposed language so it could be read back to them.
Staff read the multiple changes into the record and the Commission referenced them in their
motion.
20 minutes
4. A request for a review of a flood plain modification permit, pursuant to Section 12- 21 -11, Flood
Hazard Zones, Vail Town Code, to allow for the modification of the flood plain associated with
Red Sandstone Creek, generally located at 862, 923, 934, 953, 1000 and 1031 South Frontage
Road West, and the South Frontage Road West right -of -way/ Lot 54, Glen Lyon Subdivision and
Unplatted parcels (a complete legal description is available for inspection at the Town of Vail
Community Development Department), and setting forth details in regard thereto. (PEC11 -0003)
Applicant: Ever Vail, LLC, represented by the Mauriello Planning Group
Planner: Warren Campbell
ACTION: Approved with conditions
MOTION: Pratt SECOND: Schneidman VOTE: 4 -0 -2 (Cartin and Viele recused)
CONDITION(S):
1. Prior to construction, the applicant shall comply with the requirements of all applicable
local, state, and federal permits and approvals. Specifically, the applicant must obtain
Federal Emergency Management Agency (FEMA) approval for the associated
Conditional Letter of Map Revision (CLOMAR) and Letter of Map Revision (LOMR)
2. Prior to construction, the applicant shall coordinate all grading associated with this
proposal with the State of Colorado Division of Wildlife to ensure the protection of fish
and other aquatic species.
3. Within 30 days of completion of the improvements /modifications within the 100 -year
floodplain, the applicant shall obtain Town of Vail approval of an as -built survey
demonstrating that the 100 -year floodplain was modified in accordance with this
approval.
4. This approval of a flood plain modification permit shall expire on January 24, 2013.
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5. This approval of a floodplain modification permit shall only be effective in conjunction
with the required Colorado Department of Transportation approval of the relocation of
the frontage road and the associated bridge.
Commissioners Viele and Cartin recused themselves on this item.
Warren Campbell made a presentation per the Staff memorandum.
Tom Kassmel, the Town's floodplain coordinator, stated that he was in agreement with the
findings of the applicant's floodplain modification report.
The applicant had nothing to add.
Commissioner Pratt asked why the culvert needs to be at a right angle to the frontage road. He
was concerned about erosion caused by the change in flow direction in the creek.
Tom Kassmel responded that the design will meet CDOT requirements and that boulder
armoring will occur in the outfall and on the banks to prevent erosion. He concluded by
explaining why the design is appropriate for this creek.
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