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2011-10-04 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., OCTOBER 4, 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: Town Manager Report (15 min.) PRESENTER(S): Various 3. ITEM /TOPIC: Airport Interchange Discussion: TIGER III Grant support for the Eagle County Airport Interchange and Connector Bridge Project (15 min.) PRESENTER(S): Peter Runyon, Eagle Council Commissioner ACTION REQUESTED OF COUNCIL: See attached BACKGROUND: See Attached 4. ITEM /TOPIC: Resolution No. 20, Series of 2011, A Resolution in Support of Town of Vail Ballot Question No. 1 on the Ballot at the November 8, 2011 Regular Town Election (15 minutes) PRESENTER(S): Matt Mire Judy Camp ACTION REQUESTED OF COUNCIL: Approve Resolution No. 20, Series of 2011 BACKGROUND: At the direction of the Vail Town Council, Question No. 1 has been placed on the November 8, 2011 ballot for the Town of Vail Regular Election. This question is to receive authorization from Vail's electorate to redirect existing Conference Center Funds to three projects: 1) expansion and improvement of the clubhouse at the Vail Golf Course and Nordic Center, including multi -use community space; 2) field expansion and restroom renovation at the Ford Park Sports Complex; and 3) Ford Amphitheater improvements, including outdoor seating and restroom improvements. This ballot question will bring closure to electorate decisions in 2002 and in 2005 in which voters approved taxes to build and operate a conference center, then rejected a second tax question which caused the tax 10/4/2011 to be rescinded, leaving a balance in the fund that has grown to $9.4 million. Resolution No. 20, Series of 2011 has been prepared at the direction of the Vail Town Council to offer its unequivocal support of Question No. 1. STAFF RECOMMENDATION: Approve Resolution No. 20, Series of 2011 5. ITEM /TOPIC: First reading of the 2012 Budget Ordinance No. 21, Series 2011 (60 min.) PRESENTER(S): Kathleen Halloran ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 21, Series 2011 BACKGROUND: To be provided in a separate memo STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 21, Series 2011 6. ITEM /TOPIC: This public hearing will focus on four of the applications intended to facilitate the Ever Vail development. Specifically the Lionshead Redevelopment Master Plan amendments, major subdivison, rezoning, and major amendment to Special Development District No. 4 requests. The Vail Town Council is not being asked for a final action on these applications at this time. 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) 10/4/2011 Special Development District Amendment (Ordinance No. 8, Series of 2011): A request for a recommendation to the Vail Town Council for a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the removal of Development Area D (Glen Lyon Office Building) from Special Development District No. 4, Cascade Village, and for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to include the subject property in the Lionshead Mixed Use 2 District, located at 1000 South Frontage Road West /Lot 54, Glen Lyon Subdivison, and setting forth details in regard thereto. (PEC090036) Title 12, Zoning Regulations, Vail Town Code, Amendment ( Ordinance No. 9, Series of 2011): A request for a final recommendation to the Vail Town Council for prescribed regulation amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to amend Section 12- 10 -19, Core Areas Identified, Vail Town Code, to amend the core area parking maps to include "Ever Vail" (West Lionshead) within the "Commercial Core" designation, and setting forth details in regard thereto. (PEC080065) (60 min.) PRESENTER(S): Vail Resorts Development Company and Warren Campbell ACTION REQUESTED OF COUNCIL: The Community Development Department requests the Vail Town Council continue the Major Subdivision, Ordinances No. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011 to the October 18, 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). 10/4/2011 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 18, 2011 public hearing. 7. ITEM /TOPIC: An appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval of a major exterior alteration, pursuant to Section 12 -7B -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of GRFA (Rucksack Building), located at 288 Bridge Street, Unit R -2/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110045); and an appeal , pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval of a major exterior alteration, pursuant to Section 12- 7B-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions of enclosed floor area; a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 14 -17, Setback from Watercourse, Vail Town Code, to allow for encroachments into the Mill Creek setback and a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 7B -15, Site Coverage, Vail Town Code, to allow for additions of enclosed floor area in excess of allowable site coverage, located at 288 Bridge Street, Unit R -1 (Rucksack Building)/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110046, PEC110050) Applicant: Margo Mullally and Bill Gardiner, represented by Victor Mark Donaldson Architects Appellant: Bridge Street Building, LLC Planner: Rachel Dimond (5 min.) PRESENTER(S): Rachel Dimond ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council grant a continuance of the appeal to the October 18, 2011 hearing, to allow parties additional time to obtain information. 8. ITEM /TOPIC: 2011 Election Judge Appointments (5 min. ) PRESENTER(S): Lorelei Donaldson /Pam Brandmeyer ACTION REQUESTED OF COUNCIL: Appoint seven regular and mail in /absentee judges to participate in the November 8, 2011 Regular municipal election. BACKGROUND: By Colorado State Statute, each polling place must have a minimum of three judges to assist with municipal elections. We are requesting the appointments of Vi Brown, Holly Cole, Mary Caster, Mary Ann Best, Summer Holm, and Earl Best and Carol McKown to be the Town of Vail 10/4/2011 election judges. I will also be using the assistance of town staff members, Pam Brandmeyer and Tammy Nagel, as election judges to also assist with the regular Town of Vail election. STAFF RECOMMENDATION: Appoint seven judges to assist with the November 8, 2011 Regular at- the -polls municipal election for the Town of Vail. 9. ITEM /TOPIC: First reading of Ordinance No. 19, Series of 2011, an ordinance repealing and reenacting Special Development District No. 29, The Valley Phase 11, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the exchange of the on -site employee housing unit (EHU) requirement in accordance with the provisions of Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code; located at 1460 Buffehr Creek Road, Unit G/ Lot G, Crossview At Vail, Phase 3, and setting forth details in regard thereto. (10 min. ) PRESENTER(S): Rachel Dimond ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 19, Series of 2011, upon first reading. BACKGROUND: Special Development District No. 29, The Valley Phase 11, was established by Ordinance No. 17, Series of 1993, adopted on September 7, 1993. The purpose of establishing SDD No. 29 was to provide "greater flexibility in the development of the land than would be possible under the current zoning of the property." Ordinance No. 6, Series of 1997, amended the SDD to add development potential for Tract A. There have been no further amendments to the SDD. STAFF RECOMMENDATION: The Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council at their September 26, 2011 hearing. 10. ITEM /TOPIC: Adjournment (9:20 p.m.) 10/4/2011 JOWWM OF . 1� �l VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 4, 2011 ITEM /TOPIC: Citizen Participation PRESENTER(S): Public 10/4/2011 JOWWM OF . 1� �l VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 4, 2011 ITEM /TOPIC: Town Manager Report PRESENTER(S): Various 10/4/2011 TOWN F F'U, il' VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 4, 2011 ITEM /TOPIC: Airport Interchange Discussion: TIGER III Grant support for the Eagle County Airport Interchange and Connector Bridge Project PRESENTER(S): Peter Runyon, Eagle Council Commissioner ACTION REQUESTED OF COUNCIL: See attached BACKGROUND: See Attached ATTACHMENTS: Airport Interchange Memorandum Airport Interchange Powerpoint 10/4/2011 Vail Council Meeting: 4 Oct 2011 EAGLE COUNTY AIRPORT INTERCHANGE Eagle County Commissioner Peter Runyon Issue: TIGER 111 Grant support for the Eagle County Airport Interchange and Connector Bridge Project Project Background: Purpose: Provide direct intermodal connection to the Eagle County Airport from 1 -70. Airport Growth (2004 Environmental Assessment): • Mission Growth: o Airport Enplanements • 1994 -2003 growth 63,000 to 300,000 ( -500 %) • 2006 - 216,000 o Military Search and Rescue Training o Freight o Over $40M invested in recent airport improvements • Projections 2025: o Enplanement forecast 1,164,000 person -trips o 2,950 vehicle trips per day (summer) o 6,200 vehicle trips per day (winter) • Segments of H6 near Eagle experience LOS F during peak rush hours now Need: Recognized as part of regional transportation planning efforts including: • 1986 Airport Sub -Area Master Plan adopted by Eagle County • 1997 Eagle County Road Capital Improvement Plan (2010) • 1998 Major Investment Study (MIS) for the 1 -70 Mountain Corridor • 1999 Intermountain Transportation Planning Region o Identified as an 1 -70 West Mountain Strategic Corridor project • 2011 1 -70 Mountain Corridor PEIS ROD o Project is base Tined in the No Action Alternative" Historical Milestones: • September 1998 - FHWA approved an intermodal connection from 1 -70 to Eagle County Airport designated the connection as part of the National Highway System (NHS) • June 2004 - Eagle County Airport Interchange and Connector Road Environmental Assessment (EA) • June 2005 - Finding of No Significant Impact (FONSI) 1 10/4/2011 3 -1 -1 • Jan 2010 - Design Complete o Engineering Construction Cost Est. $65M (Includes CDOT Mgt) • May 2010 - Entering final ROW negotiations - UPRR Easements • Other process concerns: o FHWA 1601 - 3 -year expiration from last major activity o EA - 5 -year expiration from last major activity Current Project Status: • 100% Design • Final ROW and UPRR easement acquisition • Total Construction Cost: $62.5M o Engineer's Construction Cost Estimate: $55M o Construction Management: $7.5M Current Project Funding: • 2000 - 2004 - $8M Design, ENV Clearance, ROW acquisition, CDOT • 2007 - $550K Local Agency Funding Support • 2010 - $500K Congressing Earmark New Money" Funding Strategies: • SB1 fed into the 7 Pot program (28 strategic projects) as identified by the Colorado Transportation Commission o SB 1 was repealed by SB 228 and HB 310. • In 2007, Eagle County commissioned a financing study with THK Consultant. o Maximum possible funding revenue through taxing and fees for Eagle County, Town of Eagle and Town of Gypsum is -$20M. o Study parameters may be outdated due to current down economy. There is also a possibility for a new sales tax at the airport. • Possible funding options: 1) Earmark in upcoming new Federal Surface Transportation Bill 2) Private /Public Partnership and 3) New State Legislation to replace SB 1. • Tolling for new capacity is allowed; but when federal money is involved, revenue expenditures at the specific project might not be a foregone conclusion. • Tolling is dependent on local congestion levels Construction Funding Pursuits: • TIGER I (September 2009) o Requested $65M • TIGER 11 (August 2010) o Requested $49.5M o Local Match Funds - $13,000,000 o Eagle County - $1,000,000 cash; commitment to raise $5,000,000 in debt initiatives 2 10/4/2011 3 -1 -2 o Town of Gypsum - $2,000,000 cash; commitment to raise $5,000,000 in debt initiatives • TIGER III Discretionary Grant announcement o $526.9M available Nationally - 80% Federal — 20% match o $140M set aside for Rural Areas — No match Required o $150M for TIFIA financing o Application Process • 3 Oct 2011 — Pre application • 31 Oct 2011 — Application 3 10/4/2011 3 -1 -3 • 4. i ...A, E ag l e C oun t Ai r o Y p Intermodal Interchange & Connector Rd _.... - -°!" �, , - �y... __ . ,o.,. _-: e i +5 x�,; x .' Y ^ a �' 0 •• i f • . `. 1 r/ -; 7 - ;: -.. i ...; fit 5a. - Y ,,; + \1° , ` . ya s 10 2 �': 4' (1 3 -2 -1 • 44 Eagle County Airport • Mission Growth: o Airport Enplanements r,...„ • 1994 -2003 growth 63 000 to `' g 300,000 ( -500 %) " t t e�� _ ' Eagle County Regional Ai�poit a ,.0 - p • 2006 — 216,000 a ", Aurora o Military Search and Rescue Training'' 'a � J o Freight { Breckenridge, CO o Over $40M invested in recent r airport improvements '.. l . i .,J., , • Projections 2025: { - n ■ o Enplanement forecast 1,164,000 ! i , . ,� • person-trips , i ‘',1 r ,.4, ,/ � - te , ' � } O 2,950 vehicle trips per day " ' F 1 1 1- . :-. , �; • ; = ' ep ' , � ` • (summer) w r .�a +, O 6,200 vehicle tri s er da winter G YPeum r a ge - r , `° # Y p p Y ( ) 011, 1 .,, . ?, • Segments of H6 near Eagle experience ,i :t, LOS F during peak rush hours now k • e J r / b y � ( � r # ' -47.1`.. l �' .o-�i � � -. � � ' - , .kn � ,. ;. � j.�' � �e. -z, ^'4-'AUn , n+u; , , �,� ` w -:.A":.*.' -:: R 4 ' 4 .. 4- 3 -2 -2 Projected growth - Gypsum � .4,--,0 .7,..,... . 4: s _ t • Population Projections �. ,r, _ Town of Gypsum Y P < h 6.000 .. a us ` 1 13. 7'iFi .YI ^ Ik �� �y " � .. N 10,000 a /. IFEI "fp • " N : aet 5.952 - 5,000 I 0 Build-Out—Town of Gypsum 2008 2050 (Build Out) I( ,1- —(1 Dwelling Unit Capacity r.... etw,�. ac aaa Jf .-!;:-.17:„A5.,;, 2 ' k•:: S -• ^'� • E• P h:0:: tole ' -fi g ,'' r/(1 \+Y 41, 1 ° ' C0ff). x 1. p ;, y ^ . _. • fir 1 A /r f , E , �.. , S I � ,li • E V. : . , a }I , a te . ' t ba`t I .f E g � 't / ,0% 3 �' na. .PrE _ '° ' €d N , q z i _*: 3 � ` Fs y ) i L zT' . ' y,_ .� „z;,,- R • 3 -2 -3 • Projected growth - Eagle II li .. J `- Build -Out- -Town of Eagle fi t ' Dwelling Unit Capacitp . ' 50000 TINN / ,/ 1 00000 .�" i 00000 Population Projections 20 • ° 0 00 Town of Eagle 1. q ■ E �nf WOionl tall nlll Fi lli ' ':'t!i:ll « 10127 - Estimated population demand in 2020 :•., i ., r�• t o.000 ar i J': tll 8,952 - - t1, r (` yr `�i�yl 'i .t,i Y /. I .,� 1 "% ` L f s. 5.480 I �/ � ! � 1 A- . . ' :„\/ . . 5.000 /�- % W � �`�� 1f rt , flip? 2008 2020 (Build Out) l -or! F 1 . 4 je ,44iiiiiii‘ 1 1r4r2 3 -2 -4 0 Purpose and Need _� ' • Provide a direct intermodal ,,� connection between Eagle County '` •'`v� f Airport and I -70 and to by pass the . . population centers of Eagle and _ � ,, Gypsum T 77 _ - • Recognized: - '4_ — 1998 CDOT Major Investment Study .. , — 2035 Plan — CDOT Intermountain I Transportation Planning Region " — I70 Mountain Corridor PEIS = - ` — 1986 Airport Sub -Area Master Plan M1 _.= �.7►s..t+st i .. �t�r \; a "F''' l 'GI�i' + 7 '.' *. • 3 -2 -5 • 170 PEIS — Minimal Action /No Action • Airport Interchange and Connector Rd project Preferred Group of Alternatives Other (Not Preferred) Group of Alternative Transit Alternatives Minimal Action (as a stand -alone alternative l Dual -Mode Bus in Guideway Transit Alternatives Diesel Bus in Guideway Rail with IMC Highway Alternatives AGS Six -Lane Highway 55 mph Combination Alternatives (Build Simultaneously) Six -Lane Highway 65 mph Six -Lane Highway with Rail and IMC Reversible /HOV /HOT Lanes Six -Lane Highway with AGS Preservation Alternatives Six -Lane Highway with Dual -Mode Bus in Guideway Build Six -Lane Highway and Preserve for Rail with IMC Six -Lane Highway with Diesel Bus in Guideway Build Six -Lane Highway and Preserve for AGS Preservation Alternatives Build Six -Lane Highway and Preserve for Dual -Mode Bus in Guideway Build Rail with IMC and Preserve for Highway Build Six -Lane Highway and Preserve for Diesel Bus in Guideway Build AGS and Preserve for Highway Build Dual -Mode Bus in Guideway and Preserve for Highway Build Diesel Bus in Guideway and Preserve for Highway y9f % y�y 1 yam i F � . , �. r er;y . l iti z e . , 3 -2 -6 • Traffic Impacts .. _,-, ;:;11%.-- /i, , ., s ry a • , i . • . - fr r r rt- * �.1 i / jr ♦ `• �l f { Yir .�O E " gle 1 �. :446:v---...,..,—': Y `... , 1 . 20890 ■ 2025 - No Action Alternative LEND EXIT 59,490 XXXXI - 2002 CDOT Counts 147 53330 XXXX = Summor Daly Traffic Volum es 7 '0 .700 XXX = Winter Daily Traffic Volumes i 990 - X 1E�,337 E70'T / 17,90E -- `. 10,817 X43,190 46, 32p \ 43.290 1� - 34730 ��-- ti 3s 41.ee0 EAGLE - 244) - 1 7 230 44788 .. - . " �` 8176 � — — I24,900 •-- ��-•��. e � ,410 — 133330 Future 30,380 24,89D�'I26.100'' `.V5 26,410 -1 �3SJ00 Bull Pasture t' to o' Rd. 27,460 -r." 1 I X70 8 .3 8 0 --- • �' 10. 740 l 3 86 5.580p 10.380 GYPSUM Eagle G00 5.35 �$' S1 8.910 10A80 Ftegional � 7" 1 � 8.590 15,180 Arn Ai rport ism. 12,91M y � ) � m e 9 920 f 4,320 800 \ " fl o- 4,088 x '� • V7 , t j - ( 4 %r r 1V' / 3 r ,,,- frrn L _ / 3 4 o • r f. . '. 1 4,2 a 'k... .. 3 -2 -7 • Traffic Impacts 4. EXIT ! 69 490 I✓ 025 No Action Alternative 1470 ,_ 9700 !< 1 7 EXIT 4 ' 7 0 17.902 . ^ `,- anig 43290 140 43.190 46.320 - 7 74,770 -.11116. _ . K 41.440 EAGLE ' . - ------ - - s - - — 39 330 � Future �. at ..' ems 24,900 �— 2s, 410 / - --_ - - ' r Bull Pasture 30,3130 24 tw 's 28570 b x ------ •-• 11.teo Rd. • 27,444 GYPSUM I Ea le i eY Mesa � - 5.330 / 31.130 - 2m lq74o [ 1 f64 Regional Go . . x150 S 3,918 1.IM f5, 160 A apart I_d400 10.490 4.' 7� 2 -5 5 1 5 720 0 � x,10,051/ 12'989 LEGEND � e 9 O• e ls '920 f 4,320 XXXXJ = 2002 MOT Cants ',889 \ - %. 4.000 XXXX = Summer Daly Traffic Volumes D CXXX = Winter Daly Traffic Volumes 025 — Preferred Alternative 147 5 <� EXIT MO 1 .70 ` \ 49.290 1 � \ .36.730 '4016 9 2700 EAGLE ., - • . -.i., ® 3,871 Future �, . 20.440 @�"_ ] / Bull Pasture FBI E� ' x1,431 .. ® ,� Rd. MIMI Eagle I 9.840 ` AEI `j EMI Ri ry 4.140 MX/ Qm CM Regional 0 0%4 I C * % di ,� Airport Q 7 � °9 Q c cm Yf�la>2 3 -2 -8 • Benefits • Intermodal connection • Relieves failed traffic conditions in the Towns of Gypsum and Eagle • Promote Air Travel: Leverages $40M investment in airport for improved transportation — Alleviate congestion on I70 from Denver • Tight curves and Steep Grades • Future Multimodal Hub — Air, Rail, Bus, Trails • Strengthens transportation connection to HAATS — High - Altitude Army Aviation Training Site - provides Colorado with search and rescue functions 7 s i. ,,, 7 \b`' h fr ,1 7 - r i b ,i b t� fL ;�" �� '� mil' `"- 4 .. R' 1,1 ,-,- ,! k f# ' , ( v to."' ilb, ., ..1:, : - -- 1,74..,„ - ) .,� g at . <'frv. ` �` � �: � y � '. � :, ' * r4f21 ' . , a ' (- ` 1 3 -2 -9 0 Design Status iait H ___ ,.‘. � fi3O O ¢ee .- 4�lw - ,4) , .___„=„ -:,,„. 1 Click" fereio 5ee '.0.....-.—.1, i+s ' "�► X Yr a9I connector bridge \ - -- - ,.(1. -' detail- i .v- c e ♦ - I , Rf o _ z ' -- - {q a e: ni - 771—=',...___. ! r - T7 - _ .- -,,...„ ....,_.,„,..._,,, _ .---,,,,.. ' as_ __ _ . : - „........-..., _ _ ,.............. Current Project Status: Current Project Funding: • 100% Design . 2000 - 2004 — $8M Desgn, ENV • Final ROW and UPRR easement Clearance, ROW acquisition, CDOT acquisition • 2007 - $550K Local Agency Funding • Total Construction Cost: $62.5M Support o Engineer's Construction Cost • 2010 - $500K Congressing Earmark Estimate: $55M "New Money” o Construction Management: $7.5M j i . 41 .-- i °d ' ii 1� J�4)21 3 -2 -I0 Funding Strategies: � ` _ • SB1 fed into the 7th Pot program (28 strategic projects) as identified by the Colorado Transportation Commission — SB 1 was repealed by SB 228 and HB 310. • In 2007, Eagle County commissioned a financing study with THK Consultant. — Maximum possible funding revenue through taxing and fees for Eagle County, Town of Eagle and Town of Gypsum is N$20M. — Study parameters may be outdated due to current down economy. There is also a possibility for a new sales tax at the airport. • Possible funding options: 1) Earmark in upcoming new Federal Surface Transportation Bill 2) Private /Public Partnership and 3) New State Legislation to replace SB 1. • Tolling for new capacity is allowed; but when federal money is involved, revenue expenditures at the specific project might not be a foregone conclusion. • Tolling is dependent on local congestion levels .7►s..i+st i., rte \+. , _ , f j rl. 7 : Z ( i � 4i ry Nr, % 3- � � � � k.A Ms; 77 d,:'s * r4f21 ' . 3 -2 -II Construction Fundin g Pursuits • • TIGER I (September 2009) — Requested $65M • TIGER II (August 2010) — Requested $49.5M — Local Match Funds - $13,000,000 — Eagle County - $1,000,000 cash; commitment to raise $5,000,000 in debt initiatives — Town of Gypsum - $2,000,000 cash; commitment to raise $5,000,000 in debt initiatives ' x /26%261 r r , *' � r , `c} • ` i �, '-* '''' -;.4., ) • 3 -2 -12 TIGER III Discretionary Grant announcement_ • • $526.9M available Nationally — 80% Federal — 20% match • $14OM set aside for Rural Areas — No match Required • $15OM for TIFIA financing • Application Process — 3 Oct 2011 — Pre application — 31 Oct 2011 — Application - -4 /.1::-/ W ` l a M fi ' r a "15 T d' '¢� k_, ' fj' 4 •` t: .' „^ r � p ' .'." 26/201 i/ 0 0, / 1, �„ r '' . F 4 a,- ' � ,,' n ' , w , 1 3 -2 -13 TOM ill Ni VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 4, 2011 ITEM /TOPIC: Resolution No. 20, Series of 2011, A Resolution in Support of Town of Vail Ballot Question No. 1 on the Ballot at the November 8, 2011 Regular Town Election PRESENTER(S): Matt Mire Judy Camp ACTION REQUESTED OF COUNCIL: Approve Resolution No. 20, Series of 2011 BACKGROUND: At the direction of the Vail Town Council, Question No. 1 has been placed on the November 8, 2011 ballot for the Town of Vail Regular Election. This question is to receive authorization from Vail's electorate to redirect existing Conference Center Funds to three projects: 1) expansion and improvement of the clubhouse at the Vail Golf Course and Nordic Center, including multi -use community space; 2) field expansion and restroom renovation at the Ford Park Sports Complex; and 3) Ford Amphitheater improvements, including outdoor seating and restroom improvements. This ballot question will bring closure to electorate decisions in 2002 and in 2005 in which voters approved taxes to build and operate a conference center, then rejected a second tax question which caused the tax to be rescinded, leaving a balance in the fund that has grown to $9.4 million. Resolution No. 20, Series of 2011 has been prepared at the direction of the Vail Town Council to offer its unequivocal support of Question No. 1. STAFF RECOMMENDATION: Approve Resolution No. 20, Series of 2011 ATTACHMENTS: Resolution No. 20, Series of 2011 VRD Conference Center Letter 10/4/2011 RESOLUTION NO. 20, SERIES OF 2011 A RESOLUTION IN SUPPORT OF TOWN OF VAIL BALLOT QUESTION NO.1 ON THE BALLOT AT THE NOVEMBER 8, 2011 REGULAR TOWN ELECTION 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, the Colorado Fair Campaign Practices Act, C.R.S. § 1 -45 -101, et seq., and more specifically, C.R.S. § 1- 45- 117(1)(b)(III)(A), expressly allows the Town Council to pass a resolution in support of or against any local ballot question; WHEREAS, the Town Council has caused Ballot Question No. 1 to appear on the ballot at the November 8, 2011 regular Town election; WHEREAS, in November, 2002, the registered electors of the Town approved a ballot issue (numbered Question 2b) approving the issuance of debt and the imposition of a 1.5 percent lodging tax and a half -cent sales tax to fund the construction of a conference center; WHEREAS, in November, 2005, the Town submitted a ballot issue to the registered electors of the town seeking approval of debt and an associated increase in the lodging tax, with such revenue to be used for a conference center; WHEREAS, the 2005 ballot issue provided that if the 2005 ballot issue failed, "the authority to issue debt pursuant to 2002 Question 2B shall terminate immediately and the authority to levy taxes pursuant to 2002 Question 2B shall terminate effective January 1, 2006, and the Council shall either refund any remaining revenues from such taxes pursuant to such refund methodology as the Council determines or submit a question to the voters on how such revenues shall be used "; WHEREAS, the 2005 ballot issue failed; WHEREAS, following the 2005 election, the Town Council determined that a greater community benefit would be derived by returning to the voters with a new question on how such revenues shall be used rather than initiating a refund mechanism; WHEREAS, in 2006, the Town Council invited the community to take part in surveys, focus groups and public meetings to help identify potential concepts for reallocation of the Conference Center Funds; WHEREAS, a grassroots public input process has continued in various forms for more than five years to determine the best uses for the Conference Center Funds which has grown to $9.4 million; Resolution No. 20, Series of 2011 10/4/2011 4 -1 -1 WHEREAS, more than twenty different ideas were forwarded by members of the community for use of the Conference Center Funds ranging from paying off the town's debt to building parking; WHEREAS, the opinions of community leaders were sought to collect additional insight through the volunteer efforts of former Town Council Member Kent Logan; WHEREAS, evaluation criteria pinpointed three projects that evolved during the public input process that met the Town Council- directed goals to promote recreation, promote tourism and support the economy in the town; WHEREAS, the three projects identified in Ballot Question No. 1 are as follows: • Expansion and Improvement of the Clubhouse at the Vail Golf Course and Nordic Center, including Multi -use Community Space The remodel would reconfigure the existing footprint of the current 18,000 square foot town -owned facility and would include renovated Nordic and golf locker rooms, cart barn upgrades and a new multi -use community space for events, programs and meetings. The community space would include a welcoming /reception area and an expanded deck to fulfill a Town -wide need for additional gathering spaces for weddings, receptions, registrations and activities for groups /camps /programs. The Vail Recreation District has committed to providing $1.15 million in additional funding beyond the Conference Center Funds to support the remodel. • Field Expansion and Restroom Renovation at the Ford Park Sports Complex Reconfiguring the Ford Park athletic fields would allow for the addition of one full -sized soccer field and increase the size of the west softball fields. This would allow for creation of two full -size soccer fields. The project would also include two new restrooms, a storage facility and other improvements. The reconfiguration would make it possible to accommodate lacrosse, soccer and other sports tournaments in one location, and would keep incremental spending by participants in the community. • Ford Amphitheater Improvements, including Outdoor Seating and Restroom Improvements Proposed improvements to the Ford Amphitheater would include re- grading and reconfiguring the hillside seating area by terracing the hillside. This will increase the comfort and utilization of this important area. The current lawn seating capacity would be preserved or increased slightly as a result of the reconfiguration. There would also be the addition of restroom facilities on the east side of the Amphitheater. The Vail Valley Foundation has committed $2.1 million in funding beyond the Conference Center Funds for additional improvements to the Amphitheater. WHEREAS, the three projects will help complete Vail's Renaissance by improving aging community assets that are used by both guests and residents; WHEREAS, the three projects will increase economic vitality in town with increased event capacity and associated lodging increases and incremental spending increases; Resolution No. 20, Series of 2011 10/4/2011 4 -1 -2 WHEREAS, the Town Council recognizes that in addition to the long term benefits, the three projects will provide an immediate local economic stimulus for architects, engineers, contractors and others in the construction industry following a competitive bid process to perform the work; WHEREAS, the three projects will leverage both public and private dollars in which the Vail Recreation District and the Vail Valley Foundation will join the Town as funding and operational partners to complete the projects; WHEREAS, the Council authorized a telephone survey to gauge the level of community support for the three projects which found sixty -seven percent of those surveyed are in favor of the three projects and their associated benefits to improve the community; WHEREAS, the community has acknowledged that the Town of Vail has successfully managed its resources while adapting to global economic forces in a responsible and conservative manner; WHEREAS, Ballot Question No. 1 does not require a tax increase of any kind; WHEREAS, the three projects that have been identified follow more than five years of information - gathering and analysis, and, therefore, the Town Council finds it would be irresponsible not to bring these projects to a vote; and WHEREAS, the alternative of refunding the taxes would provide little direct benefit to the community. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1. The Town Council hereby supports Ballot Question No. 1. 2. The Town Council hereby urges the registered electors of the Town to vote in favor of Ballot Question No. 1. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 4 day of October, 2011. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 20, Series of 2011 10/4/2011 4 -1 -3 Vail Recreation District Board of Directors 700 South Frontage Road, East Vail, CO 81657 VAIL RECREATION D I STRICT 970- 479 -2279 August 25, 2011 700 S. Frontage Rood East Vail, Colorado 81657 Dear Vail Town Council, 970.479.2279 f 970.479.2197 www.voilrec.com The Vail Recreation District Board of Directors supports the Vail Town Council in its decision to move forward with a November 8, 2011 ballot initiative, that if approved, would reallocate the $9.4 million Conference Center Fund to renovate the Vail Golf Clubhouse /Nordic Center including adding a community vAll Gar CLUB pavilion to the clubhouse, renovate and expand the field at the Ford Park sports 1778 Vail Valley Drive complex and improve the Ford Amphitheater. Specifically, the VRD Board 479.2255 supports the proposed ballot language, or similar language to be a roved b f 479.2355 s p p PP by the Vail Town Council in August, as follows: GOLF MAINTENANCE 1278 Vail Valley Drive Without increasing taxes, shall the Town of Vail use the remainder of 479.2252 the one and one -half percent lodging tax revenues and one -half percent f 479.3451 sales tax revenues collected from January 1, 2003 through December 31, 2005 to fund the following projects that will promote recreation, PARK MAINTENANCE 700 S. Frontoge Rood Easi promote tourism and support the economy in the Town of Vail: 479.2457 • Expansion and improvement of the clubhouse at the Vail Golf 1 479.2197 Course and Nordic Center, including multi -use community space; VAR TENNIS CENTER 700 S. Frontage Rood Eosi • Field expansion and restroom renovation at the Ford Park 479.2294 Sports Complex; and 1479.2197 • Ford Amphitheater improvements, including outdoor seating JOHN A. DOBSON ARENA and restroom improvements? 321 lionshead Circle 479.2271 1479.2267 VRD Board members and staff have been working with the Vail Town Council and Town of Vail staff to identify potential improvements that could utilize the VAIL YOUTH SERVICES $9.4 million Conference Center Fund to drive economic vitality in Vail. The VRD 395 E. lionshead Circle Board and staff are in support of the above projects and if approved by Vail 479.2292 f 479.2835 voters in November, the VRD also will support the projects by contributing $1.15 million in funding for the Vail Golf Clubhouse /Nordic Center renovation. VAIL NATURE CENTER 841 vo l Volley, Drive On behalf of the VRD Board and staff, we are looking forward to a positive 479.2291 f 479.3459 outcome this November that will benefit the Vail community, VRD users, frequent visitors and future visitors to Vail. Should you have any questions, VAIL GYMNASnCS please don't hesitate to contact me at 970 - 390-2912 or VRD Executive Director 545 N. Frontage Rood Wed Mike Ortiz at 970- 479 -2461. 479.2287 f 479.2286 a Sinc rely, ADULT $ YOUTH SPORTS 700 S. Frontage Road East �� 479.2280 a Hanlon 1 479.2281 Vail Recreation District Board of Directors, Chair Or visit us on the web al: www.voilrec.com 10/4/2011 4 -2 -1 TOM OF V ll' VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 4, 2011 ITEM /TOPIC: First reading of the 2012 Budget Ordinance No. 21, Series 2011 PRESENTER(S): Kathleen Halloran ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 21, Series 2011 BACKGROUND: To be provided in a separate memo STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 21, Series 2011 ATTACHMENTS: Ord 21 TM Budget Bravo Economic Impact Information 100411 Vail Valley Foundation 100411 Special Event Funding 10/4/2011 TOWN OF VAIL Memorandum TO: Vail Town Council FROM: Finance Department DATE: September 28, 2011 SUBJECT: 2012 Proposed Budget — Ordinance 21 SUMMARY The budget process began back on June 7 th with a discussion of budget philosophy. Since then, Council has reviewed revenue projections, five year capital plans and a five year operating outlook. This first reading of Ordinance 21 is the culmination of many months of budgetary discussions, and includes changes based on the September 20 meeting as identified below. Approval of this first reading requires a super- majority vote of Council due to the proposed split of sales tax revenue between the General Fund and the Capital Projects Fund (61/39). II. DISCUSSION Based on feedback from Council during the first look at the operating and capital budgets discussed September 20 the following changes have been made to the 2012 budget proposal: General Fund changes: • Reduced Council contributions for National Reparatory Orchestra ($0); Vail Valley Foundation for the American Ski Classic ($0) and Street Beat ($0); Vail Symposium ($0) but it was requested they apply through the Commission on Special Events; • Granted full funding request for the Vail Valley Foundation's Hot Summer Nights ($27,500). Staff had previously included this event funding at $24,525. Capital Projects Fund changes: • Chamonix Housing development infrastructure of $1.4M was added to 2013 (from the unfunded list). • Main Vail round -about "apron" of $130K was removed from the plan. • $200K for new variable message signs in the Main Vail round about was eliminated, pending discussion and decisions regarding the overall Guest Services / Wayfinding projects. RETT Fund changes: • A new bike lane from Vail Cascade to the Vail Resort maintenance shops ($450K) was removed pending EverVail redevelopment. It was moved to the unfunded list. In addition, the following are responses relating to Council's questions during the first look at both the operating and capital budgets discussed September 20 th : 10/4/2011 5 -1 -1 General Fund: • The Vail Valley Foundation "Birds of Prey" in -kind request of bus service was recommended at $10,000, with the condition added by Council that an event occur in Vail. • A presentation was requested of the Vail's 50 Anniversary celebration (scheduled for Oct 4 work session). • A presentation was requested of the Betty Ford Alpine Gardens (scheduled for Oct 4th work session). • A list of other cash - sponsors for the Pro - Cycling Challenge: Aspen $130K, Breckenridge $120K, Denver $200K. • Staff researched the $45K allocated within the CSE budget for the World Cup Climbing Challenge. Staff asked Council to include this funding along with the CSE's 2009 annual request (amount was originally $50K) because the opportunity for the Climbing event came after the town's deadline for requests. Based on documentation from the original event producer, the dollars were requested "to offset the cost of hosting and to provide infrastructure needed to fulfill the requirements in hosting a World Cup event...additional spectator viewing areas, fencing, facilities for the media, additional staff and crash pads to just name a few. These funds were not used to purchase the wall ". • Staff is currently researching benefits provided to the town's boards such as PEC, DRB, AIPP, VLMDAC, etc. and the question of a policy change. This will be provided by the next meeting. • Council also requested a 4 -year history of the percentage share of healthcare costs paid by employees, which includes out -of- pocket expenses such as deductibles and co -pays: 2007: 20 %, 2008: 27 %; 2009: 21%, 2010 19% and for the first six months of 2011: 27 %. The 2012 proposed share of premiums is 25% (we cannot predict the employee's share of other costs because it will be based on claim experience such as number of doctor visits or medical procedures or other situations that impact out -of- pocket costs to the employee). • Details of the impact of special events to the town's operating budget ( "in- kind" costs) totaling approximately $293,280 are included (Attachment A). • Council requested more detail and justification for both the 2 seasonal Forest Health positions and 1 seasonal Streets position: The Forest Health crew was reduced to 4 members during 2011. After reviewing the impact to the program, staff is requesting a return back to the 6 member crew. This increase would help mitigate some major hazard areas above Buffehr Creek, West Haven area and East Vail. Prior to 2011, the annual budget of this program was $265,000. The requested increase of $50,000 would bring the annual budget to $195,000. The increase to Streets crew is a direct impact from more special events and additional duties such as recycling /composting efforts, in addition to the other issues related to having a large number of visitors in town (for example, plugged toilets, spills and other last minute requests from event producers or town departments). The crew was reduced by 2 seasonal employees when all departments were asked to cut budgets for 2009. Due to the difficulty in keeping up with events, the department began using a heavy equipment operator (at a higher pay rate) to help meet the demand rather than perform normal operator duties which are also necessary. During 2011, additional dollars were budgeted to increase the Streets crew for the summer events season. The request for a seasonal FTE is to add back one of the two previously eliminated, return the heavy equipment operator to normal duties and represents approximately $15,000 additional salary cost. Town of Vail Page 2 10/4/2011 5 -1 -2 • Council asked how we know staffing levels are appropriate and we are operating efficiently. Our objectives in this area include providing excellent customer service as well as containing costs. As we balance the two objectives, staff looks to the town's vision "To be the premier mountain resort community" and to the current Council priorities. For example, when completing the town's renewal was a top priority, staffing was increased in Community Development and other construction - related positions. When the renewal was essentially complete in 2009, 10.5 full -time equivalent positions (FTE's) supporting redevelopment were eliminated. For 2010/2011, two of Council's Areas of Focus are "Budget and Capital Management ", including developing a sustainable budget, and "Economic Development ", including enhancing the guest experience. One of the approaches to achieving a sustainable budget is to review positions that become vacant and determine if there is a more efficient way to get the job done. When a Code Enforcement Officer (CEO) position became vacant in 2010, all CEO functions were reviewed and it was recognized that one CEO was dedicated to sign code enforcement. By cross - training and spreading the sign code enforcement responsibilities among all CEO's, it was possible to eliminate the vacant position while maintaining service levels. For two custodian positions vacated in 2011, we have changed to a cleaning contract at a lower cost with no impact on service levels. For some positions, such a change would not be recommended because of the impact on the guest experience and our vision of the premier resort community. Our review of staffing levels is a continuous process, which includes several components: o Ongoing tracking of man hours and overtime to help manage staffing levels and trade -off between adding FTE's or incurring overtime o Full review of positions which become vacant to determine better and more efficient ways to get the job done o Ongoing review of business processes including a recent Information Technology assessment by an outside consultant and opportunities to outsource operations as we have with certain building inspections o Operational review and analysis when operations change, for example, review of fire department operations and staffing in connection with the West Vail Station resulted in supplementing new full -time staff positions through a revamped student resident program for improved efficiency overall o The annual budget process, in which staffing levels and responsibilities are proposed by managers and Directors and reviewed by Finance and Human Resources with a final review and approval of the Town Manager before they are included in the budget proposal. Staffing proposals often include a comparison to other organizations and /or benchmarks. The various levels of review may result in realigning responsibilities with no increase in headcount; fulfilling the duties through seasonal positions at lower cost; or using contractors. As a result of ongoing review and evaluation of staffing levels, total FTE count (including the 2012 budget proposal) has been reduced by 15.71 over three years, without compromising service levels. Staff is confident we are balancing the two objectives of providing excellent customer service and containing costs. We do not think an efficiency study is a good use of town resources at this time. Town of Vail Page 3 10/4/2011 5 -1 -3 Capital Projects Fund: • Council requested an explanation of the town's bid process, specifically for larger capital projects: The majority of projects begin with a concept and an estimate of cost (a contractor may help price initially) that would be included within the five -year capital plan. Once the project moves forward with more input from Council regarding design and functionality, fully - detailed construction plans are drawn up. Bids are requested through a public advertisement based on these plans, with a bid required for each item where appropriate (for example, asking contractors to price out 100 tons of asphalt). "Bid items" are used to keep the bidding process "apples to apples" because each contractor is told to price each item. When you lump together all of the bid items, the result is a full picture of the project. Contractors may bid differently based on how they would construct the project or the type of equipment they would use and their anticipated workload. For example, one contractor may think the project will take them only 75 days, while another contractor may think it will take 90 days, which impacts their cost and ultimately the bid price. While the contractors are able to research the town's capital plan, those dollars include items beyond construction such as design, planning, contingency, etc. The contractors are competing with other contractors to get the business, and the resulting bids will reflect the current conditions in the construction marketplace. • Council requested more information on road reconstruction and the town's guidelines for determining when reconstruction is needed. This was in response to several neighborhood road projects proposed in 2014 — 2016. Please see Attachment B for background information on road reconstruction, cost benefit analysis and pavement ratings, which are used for long -term planning. • Council asked Vail's Fire Chief to compare the town's fire truck 15 -year replacement schedule with other comparable winter resort communities. Please see Attachment C for his response. • Council questioned the need for replacement of police rifles (21 years old). The main reason is the difficulty in finding spare parts for repairs. The rifles are used three to four times per year for 28 officers to train and shoot "qualifying course of fire ", and one rifle is placed in each patrol car for regular patrol duty. It is estimated that each rifle has had 15,000 — 20,000 rounds fired over the 21 years, which is generally considered the appropriate time to replace a weapon. Town of Vail Page 4 10/4/2011 5 -1 -4 AttachmentA Event Funding: 2011 2011 Cash Contributions In -kind Contributions Contract Services CSE VLMD Town Council Depts (PW, PD, etc) Transit Parking comps Dobson Donovan Total Police CSE Coordinator 57,971 57,971 Hang banners 7,586 7,586 Cleanup day 2,385 2,385 Summer Paid Parking 11,000 11,000 Bravo) 157,500 - 157,500 National Repertory Orchestra 1,000 - 1,000 Vail Jazz Foundation: Jazz Festival / events 50,600 - 50,600 Vail Symposium 8,500 - 21,000 29,500 Farmers' Market 44,000 4,500 48,500 Ski Museum 42,000 9,000 51,000 Birds of Prey (VVF) - 10,000 10,000 American Ski Classic (VVF) 5,000 - 3,000 8,000 Streetbeat (VVF) 25,650 7,500 33,150 Vail Intl Dance (VVF) 45,000 - 45,000 Hot Summer Nights (VVF) 24,525 2,800 27,325 Pro Cycling Event (VVF) 100,000 75,000 57,200 232,200 2015 World Alpine Champs (VVF) 250,000 - 250,000 Vail Athlete Commission 6,000 - 6,000 Teva Mountain Games 75,000 5,638 80,638 Teva World Cup 40,000 - 40,000 Vail Arts Festival 12,000 355 12,355 432 Vail America Days /4th ofluly 50,000 9,286 59,286 Holidays in Vail 58,000 - 58,000 Vail Chamber VCBA: Premier Impressions 10,000 - 10,000 BBQ Bonanza (VCBA) 20,000 - 20,000 900 Border Fiesta (VCBA) 10,000 - 10,000 600 Spring Back to Vail 45,000 - 45,000 6,909 Taste of Vail (winter) 20,000 - 20,000 840 Snow Daze / Vail Holidaze 70,000 - 70,000 7,596 Various concerts 9,777 9,777 1,200 Oktoberfest 55,000 2,965 57,965 1,560 Gourmet on Gore 60,000 - 60,000 960 Vall Film Festival 60,000 - 60,000 Kick it Soccer 35,000 - 35,000 CarniVail 8,000 - 8,000 Lacrosse Shootout 10,000 - 10,000 King of Mountain volleyball 4,000 - 4,000 LH Family Saturday / FAC 14,000 - 14,000 Vail Antique Festival 3,000 - 3,000 Vail 50th DVD 10,000 - 10,000 Soul Music Fest 50,000 - 50,000 Vail Restaurant Month 45,000 - 45,000 Vail FF Challenge 25,000 - 25,000 Participatory sports - 28,000 - 28,000 RMUSSA Softball series 7,000 - 7,000 Whitewater kayak demos 2,000 - 2,000 Colorado Grand 2,000 - 2,000 America Cup / Fly Fishing Tournament 5,000 - 5,000 Vall Kids Adventure Race 5,000 - 5,000 Ski /Snowboard Club - 5,285 3,500 8,785 VVMC Spring Fashion Show - 7,500 7,500 Vail Jr. Hockey - 11,891 3,500 15,391 Skating Club of Vail - 11,891 11,891 Special Olympics - 1,050 1,050 Foresight Ski Guides - 2,200 2,200 Eagle Valley Alliance for Sustainability - 3,500 3,500 Children's Garden of Learning - 3,500 3,500 Battle Mtn HS - 3,500 3,500 Other - 14,000 14,000 Totals 834,000 136,500 702,275 187,963 10,000 13,750 29,067 52,500 1,966,055 20,997 293,280 129% Annual revenue collected from event producers not including contracted police service) totals approximately $20,000 per yea Doesn't include Event Review Committee meetings, increased bus service or admin staff time I I 10/4/2011 5 -1 -5 Attachment B The following information are highlights from the Council memo's dated 4 -2 -10 (Pavement Maintenance) and 10 -5 -10 (Road Reconstruction). For additional information please refer to those memo's. Road Reconstruction Since the late 80's staff has taken the direction to reconstruct all town roads in a timely manner based on need, Pavement Condition Indexes, and subgrade conditions; with the overall goal being to have all town roads designed and reconstructed based on current engineering standards in order provide a design life of at least 50 years. It is now our understanding, Council would like to revisit this direction and be provided options for the remaining roads that have still not been reconstructed. Road reconstruction not only provides a new road and structural subgrade to start from, it also provides needed drainage improvements and safety enhancements, that help extend the life of the roads and provide a safer environment for vehicular and pedestrian traffic. Drainage improvements are a critical component to extending the service life of any pavement structure. Any introduction of water into the pavement structure (which includes the surface material and up to 4' below the surface) via surface penetration (cracks, voids, etc...) or subsurface migration thru groundwater, shallow ditches, or surface water running too close to the pavement edge, often causes premature pavement failure. These failures are generally structural failures due to shifting /consolidating soils from groundwater flow and expansion /contraction of moist soils due to the typical freeze -thaw cycles, which are severe in our climate. Drainage can be kept away from the pavement structure by various means; adequate cross -slope within the paved surface to shed water to the side of the road, gutters or roadside ditches to carry water away into an adequate storm sewer system, or subsurface permeable drain systems to capture groundwater and carry it away from the pavement substructure. By providing these types of drainage improvements, along with adequate structural subgrade and pavement, a roadway should last a minimum of 50 years or significantly longer as long as adequate preventative maintenance is provided. Cost Benefit Analysis A simple relative cost analysis was completed in order to understand the potential cost impacts of three different basic reconstruction /street maintenance options. In order to complete the relative cost scale analysis, the following options were created with the following assumptions over an analysis period of 125 years; Option 1: - Road reconstruction averaging every 50 years per street. - Preventative maintenance overlays averaging every 15 years per street Option 2: - Same assumptions as Option I - Assumed a saving of approximately 25% in road reconstruction costs due to joint ERWSD projects, as seen on recent projects. Option 3: - No Full Road Reconstruction - Spot reconstruct streets averaging 10% of streets over 10 years - Structural asphalt overlays averaging every 10 years per street 10/4/2011 5 -1 -6 Attachment B Based on these assumptions, Option 3 seems to be the most expensive over the 125 years, Option 1 showing a cost savings of -10 %, and Option 2 shows a cost savings of 25 %. Pavement Inspections /Ratings In the mid 1990's the town began inspecting road conditions and in 2001 we began tracking the conditions based on the industry standard inspection criteria developed by the US Army Corps of Engineers (ACOE). Since that time the town has completed four townwide inspections of our existing pavement infrastructure. This data is used to better understand pavement condition and assist staff in determining where maintenance dollars are best spent to extend the life of each pavement section. The ratings for the town's roads are shown in the tables attached, each showing all four inspection year's Overall Condition Index (001), also know as Pavement Condition Index (PCI); the first being sorted by the first year's inspection (2001) and the second sorted by the latest inspection (2009). Also attached are graphs which show the OCI trends for the overall town, overall 001 town trends by zone, and overall detailed 001 ratings by zone with a list of corresponding major maintenance activities for that period. As depicted on the tables and graphs the Town's maintenance program has brought the Town's roads up from an average rating -70 in 2001 to an average rating of -85 in 2009. It is the town's goal to maintain the majority of our roads in a "satisfactory" to "good" level rating, between 70 -100 (see standard PCI rating scale below). We currently have 80% of our roads at that level today. This success is largely due to the investments made in asphalt overlays over the past 4 years. Without such investments it is estimated that we would currently only have -25% within a satisfactory level. The below graph shows the generally accepted pavement deterioration curve. The time to failure is relative to the traffic loading, environment, and original design and construction. As the graph depicts, pavements deteriorate extremely fast once they drop below the "Fair" category and maintenance and rehabilitation costs increase substantially. This is why it is importation to continuously complete preventative maintenance on all pavements rated as "fair" to "good ". Standard PCI rating scale 100 Good 85 Satisfactory $1 for 70 Rehabilitation Fair Here 55 Poor Significant Drop 40 Very Poor in Condition Will Cost $4 to $5 25 Here Serious • • 10 - Small % of Failed Pavement Life 0 1 1 1 1 1 1 1 1 I 1 1 Time 10/4/2011 5 -1 -7 Attachment C To: Stan Zemler, Town Manager From: Mark A. Miller, Fire Chief Subject: Council inquiry - Apparatus replacement schedule Date: 09/25/11 The 2012 five -year capital budget plan included the replacement of two fire engines, one in 2012 and one in 2014. Per the request of Council Member Daly, at the September 20 2011 TOV Council Work Session, I have researched neighboring fire departments regarding their apparatus replacement plan. As a matter of background information, Vail Fire utilizes a 15 year replacement plan for engines and an 18 — 20 year replacement plan for ladder trucks. This is at recommendation of fleet maintenance mechanics due to overall wear and tear and environmental impacts (mag chloride) that our apparatus are exposed to. Generally, our apparatus have over 100,000 miles at the 15 year milestone. I contacted three comparable fire departments who operate under similar conditions /environment, including, Eagle River Fire Protection District: Lake Dillon Fire Protection District: and Red, White and Blue Fire Protection District (Breckenridge). Apparatus Replacement Schedule: Vail Fire — 15 years (then 3 -5 in reserve) Eagle River — 15 years (reserve status varies) Lake Dillon —10 years (then 5 in reserve) Red White and Blue — 10 years (then 5 in reserve) As you can see, Vail Fire has a less aggressive replacement schedule than Lake Dillon and Breckenridge, but similar schedule to Eagle River. Given this information, I feel confident that we are strategic and appropriate in our apparatus replacement plan, well aligned with the recommendation of fleet maintenance, yet considerably more conservative than surrounding departments. 10/4/2011 5 -1 -8 W L 2012 BUDGET First Reading of Ordinance No. 21, Series 2011 October 4, 2011 10/4/2011 5 -1 -9 Town of Vail Proposed 2012 Budget Table of Contents 2012 Budget Highlights 1 Major Revenue Analysis 10 Summary of Changes in Personnel 11 Ten -Year Summary of Budgeted Positions by Department 12 Employee Benefits Summary 14 This report shows the list of employee benefits by percentage and costs. General Fund Revenue and Expenditures 15 This schedule shows the major revenue and expenditures by category in the General Fund Summary of Operating Expense 17 This schedule shows all operating expenditures, no matter what Fund they are paid from Contributions and Special Events 18 Capital Projects Fund Revenue and Expenditures 29 This schedule shows revenue by type and expenditures by project in the Capital Projects Fund for 2010, 2011 and proposed 2012. Real Estate Transfer Tax Fund Revenue and Expenditures 33 This schedule shows revenue by type and expenditures by project in the RETT Fund for 2010, 2011 and proposed 2012. Unfunded Capital Projects 36 Marketing Fund Revenue and Expenditures 37 Debt Services Fund Revenue and Expenditures 38 Heavy Equipment Fund Revenue and Expenditures 39 Dispatch Services Fund Revenue and Expenditures 40 Conference Center Fund Revenue and Expenditures 41 Health Insurance Fund Revenue and Expenditures 42 10/4/2011 5 -1 -10 TOWN OF VAIL 2012 BUDGET PROPOSAL GENERAL AND RELATED FUNDS The Town of Vail 2012 budget proposal presented in this document reflects the town's vision to be the premier mountain resort community in a fiscally responsible manner. The 2012 draft budget proposal also reflects a renewed focus on guest services and public amenities including several high profile special events. This follows Vail's Billion Dollar Renewal which included investments from both developers and the town with new buildings, streetscape enhancements, landscaped medians, public art, and loading and delivery facilities. The "Renewal" continues to generate additional sales and real estate transfer tax (RETT), helping the town weather recent economic instability. Looking back over the last five years, sales tax collections were $16.5 million in 2005, and peaked at $19.6 million in 2008. By 2010, as the town felt the impact of the national recession, sales tax dropped to $17.7 million. RETT collections in 2005 totaled $6.2 million compared to $7.0 million in 2010, with a peak of $9.1 million in 2008. Redevelopment also prompted Town Council to establish the Vail Reinvestment Authority (VRA), a tax - increment financing district in LionsHead. Since its creation in 2006, the VRA has generated nearly $5.3 million in property tax collections and provided a funding mechanism for capital improvements within the district (such as the LionsHead Transit and Welcome Centers) with bonds ($11.9 million) that will be repaid by those incremental taxes. Even with increases to revenue, the town is challenged to operate within annual revenue streams while providing world -class service, maintaining new amenities and supporting the local economy by way of event funding, marketing, and other Council contributions. For example, snowmelt, loading and delivery shared costs, repair and maintenance of new buildings, added landscape and pathways have resulted in approximately $860,000 in annual operating costs. Funding for iconic and special events has increased 75 %, or $673,600 since 2005, not including the $293,280 in annual in -kind services provided for events and non - profits. The in -kind services and general support to special events in 2011 has stretched town staff to the limit and while the attached proposal includes similar levels of support in 2012, any additional events generate additional need for personnel, volunteer hosts, publicity and other costs. Also, upcoming commitments to large events cannot be absorbed within the town's annual operations. Specifically, the town's support for the World Alpine Ski Championships, the Nation's event at Golden Peak, the Pro - Cycling Challenge and Vail's 50 Anniversary celebration are proposed for funding from General Fund reserves. Town departments have met the challenge of increased costs for new amenities and events by reducing headcount, converting positions to contract services (town attorney and a majority of custodial services), managing vacant staff positions and making significant cuts in other areas such as professional development, general supplies and equipment, and internal /external programs. These efforts save the town $2.1 million an nually. 1 10/4/2011 5 -1 -11 REVENUE The town's 2012 budget is funded by a projected $51.2 million net revenue budget. Net revenues exclude inter -fund charges and transfers. 2012 projected revenues are 10% less than 2011 amended and a 12% decrease from 2010. (See page 10 for Major Revenue Analysis). The below chart identifies the various sources of town revenue: 2012 Net Revenue Projection: $51.2M Earnings on Transfer from VRA Investments Rent, Fines & 6% 1% Sales Tax Misce laneous 35% 13% Charges vices Services 3% Transportation Centers alli oppor_ 9% Intergovernmental Revenue 5 % Licenses and Property and Permits Use Tax Ownership Tax 3 % Ski Lift Tax and 1, 8% Real Estate Transfer Franchise Fees Tax 9% 7% Sales Tax will produce approximately 35% of annual revenue for 2012. The $17.8 million of sales tax projected is flat with the current 2011 budget and a less than 1% increase from 2010. Real Estate Transfer Tax collections of $3.8 million represent 7% of total annual revenues. Since 2004, we have separated RETT revenue into two categories: collections from major redevelopment projects (such as the Four Seasons, Ritz Carlton Residences, Solaris, etc.) and "base" collections, which represent all other real estate transactions. This separation allows for more accurate trending. "Base" collections are projected 20% less than 2010, and collections from major redevelopment are budgeted at a decrease of 61% from 2010 assuming minimal re- sales. Property and Ownership Tax of $4.2 million will generate 8% of total revenues for 2012. Newly redeveloped properties helped to offset a 32% decrease in base property values, for an overall reduction of only 17 %. The current base mil levy is 4.69 and constitutes 10% of the average taxpayer's property tax bill. The property tax projection is based on the August '11 report received from the county assessor. Parking revenue from the transportation centers is projected at $4.4 million for 2012, or 9% of total revenues. This projection is flat with 2011, and a 12% decrease from 2010. 2 10/4/2011 5 -1 -12 Intergovernmental revenue includes federal and state grants, county sales tax, county road and bridge tax, highway users' tax, cigarette tax and E911 Authority Board. For 2012, this revenue source represents $2.7 million, or 5% of total revenues for the town. While the majority of these funds are from taxes, they also include federal grants of $65,000 for fire fighters from the SAFER grant, and $89,000 for a police officer from the COPS grant. Ski Lift Tax and Franchise Fees total $3.5 million and $1.1 million, respectively for 2012, representing 9% of the total annual revenue. The town will continue to receive reimbursement from the Vail Reinvestment Authority for expenditures directly relating to capital projects within the tax increment district. In 2012, the town expects to be reimbursed a total of $7.1 million for those projects. More detail on these projects is included below under Capital Projects Fund expenditures. EXPENDITURES The town's expenditure budget for 2012 is $53.2 million excluding inter -fund transfers and charges. This is a 32.1% decrease from the 2011 amended budget, mainly due to large capital projects currently underway in 2011 that will most likely continue into 2012 such as energy enhancements, neighborhood road and bridge replacement, the LionsHead Welcome Center and the LionsHead Transit Center. Included in this amount are capital projects that will be reimbursed from the Vail Reinvestment Authority (see Capital Projects section below). Sixty -four percent of the expenditures are to provide municipal services and thirty -six percent to fund capital improvements including debt service. Where the Money Goes 2012 Proposed Expenditures $53.2M Debt Service - 4% � - Capital Improvements 32% Municipal Services / 64% Within municipal services, 66% of spending is related to staffing costs. These costs include salary expense, overtime, and benefits such as health insurance, disability coverage, worker's compensation, pension, life insurance, unemployment and Medicare. 3 10/4/2011 5 -1 -13 The town's operations are supported by 284 full time equivalent (FTE) positions in 2012, down from 300 at the beginning of 2009. Of these, 213.7 are full -time regular employees. Since 2009, the total FTE count has been reduced by 15.7 without compromising service levels. Of the total, a net of 9.8 full -time benefited positions and 10.0 fixed term /externally funded positions have been reduced, offset by an increase of 4.1 in seasonal positions. 2012 headcount changes include the return of two seasonal Forest Health crew members and the reduction of 3 full -time positions, with those services now contracted out (Town Attorney and 2 custodian positions). Other additions include a .48 summer seasonal position for the streets department, .25 for one intern in Community Development (over a three month span) and .5 to continue the construction inspector assigned to large capital projects. Please refer to page 11 for a detailed explanation of FTE changes, and page 12 for a 10 year history of the town's FTE count. Employee benefits are projected at $5.7 million, representing 36.3% of base salary expense for 2012 (please refer to page 14 for a breakout of employee benefits). The largest single component of benefit cost is health insurance at 47 %, followed by pension contributions at 36 %. Benefits Costs Wellness 2012 $5.7M Medicare Benefit r 4% / 3% //{ Health Insurance Pension 36% 47% Life, Disability, Work er's and Compensation Unemployment Insurance Insurance 4% 6% Health claims are a significant portion of employee benefits costs and have been trending at an annual increase of 10% per year for the last several years. Staff is managing rising costs by sharing a portion of these expenses with employees through changes to health plan design (for example, increases to employee -paid deductibles, co- pays and out of pocket maximums). Employee monthly premiums will also increase. The town plans to use $135,000 of Health Insurance Fund reserves (these reserves grow from annual contributions by both employees and the town, with most of the current growth occurring between 2001 and 2008). The reserves are intended to protect the town from excessive claim activity (unanticipated) in one year, and current reserves adequately provide this protection. See page 38 for a detailed fund statement for the Health Insurance Fund. While the above narrative summarized the overall proposed town financial outlook for 2012, the following provides an explanation of budgetary assumptions for each fund: 4 10/4/2011 5 -1 -14 GENERAL FUND The General Fund supports the town's basic municipal operations. The attached General Fund proposed budget for these operations has a surplus of $142,104, which does not include commitments to large special events such as the World Alpine Ski Championships, Pro - Cycling Challenge or Vail's 50 Anniversary Celebration. With current assumptions of $950,000 being spent on these events in 2012, the resulting fund balance will total $20.2 million at the end of 2012, representing 69% of annual revenues. 35% was the Council directive in prior years as the minimum fund balance during redevelopment. REVENUE - $29,280,569 The General Fund's primary source of revenue is sales tax followed by parking, property and ownership tax, and lift tax. Sales Tax - $10,859,000 In this budget proposal, 61% of the town's 4% general sales tax is allocated to the General Fund. The remaining 39% is allocated to the Capital Projects Fund. While this split is the same percentage used on average over the last 10 years for budget purposes, the actual share of revenue has averaged 53/47 since 2001 and 51/49 since 2004. The "split" percentages change when sales tax collections do better than expected (excess revenue goes directly to the Capital Projects Fund) and the above averages include the impact of transfers of fund balance from the General Fund to the Capital Projects Fund. Since 2001, $10.1 million has been transferred into the Capital Projects Fund for both specific projects and to increase capital reserves. Due to the proposed 61/39 split, approval of this budget will require an affirmative vote by five out of seven Council members (a super majority) because less than 50% of the sales tax revenue is going to the Capital Projects Fund. This is based on the town charter from 1973 when Council intended to earmark 50% of sales tax collections for capital projects, real estate acquisition and related debt service. Since that time, several revenue sources have been added to enhance the town's ability to fund capital projects such as Real Estate Transfer Tax, Construction Use Tax, the Vail Reinvestment Authority, Employee Housing Fee -in -Lieu and federal grants. While staff is recommending a 61/39 split of sales tax collections, we will continue to implement the policy of allocating any revenues in excess of the original budget to the Capital Projects Fund, as has been done in years past. 2012 sales tax revenue is projected to be flat with the current 2011 budget, and a less than 1.0% increase from 2010. Actual collections in 2011 are currently exceeding budget by 6.43 %. Property Tax, Parking Revenue, Ski Lift Tax and Franchise Fees budgetary assumptions were discussed above, in the Revenue section. Licenses and Permit Fees - $955,000 The largest component of licenses and permits is construction permit fees, which includes building, mechanical, plumbing, and electrical permits. The 2012 budget for construction permits is projected with "base" transactions flat with 2011 budget, and no activity anticipated from major redevelopment. 5 10/4/2011 5 -1 -15 EXPENDITURES - $29,138,465 As a service organization, the majority of spending relates to staffing. For 2012, this represents $18.3 million or 63% of total expenditures which includes benefits and a 3% proposed merit increase based on employee performance. Benefits of $4.6 million are a slight reduction from 2010. As a percentage of salary, benefit expenditures for 2012 are proposed at 40.4% of full -time salaries and 8.9% for seasonal, resulting in a total of 36.3% overall. Please refer to page 14 for a detailed breakout of employee benefits, with comparisons to prior years. Departmental spending of $6.2 million (also labeled as All Other Operating" in the General Fund statement) is 1.5% less than 2011 amended budget despite an increase in services and the addition of new facilities. These additions include new operational expenditures such as increased snowmelt from streetscape near Solaris and the new transit area, and utilities for new facilities including the West Vail Fire Station and LionsHead Transit Center. There are also savings from planned energy enhancement projects totaling nearly $120,000 in 2012. Other items such as cinders are budgeted at an average snowfall. Although we've received over $3.3 million of requested Council contributions (pages 18- 27), this budget document includes $1.26 million (a slight decrease from 2011) for inclusion in the annual operating expenditures for the town. Additional contributions to the 2015 Word Alpine Ski Championships ($250K per year for 5 years), the 2015 Nations Event at Golden Peak ($375K per year for 4 years), the Pro - cycling Challenge ($175K per year for 5 years with $100K funded by the VLMD) as well as the 50 Anniversary celebration are proposed to be funded from General Fund reserves because they cannot be absorbed within the annual budget allocations. Funding for the Commission on Special Events (CSE) is also included in the Council contribution requests. The CSE has asked for $1,061,800 for 2012, a 27% increase over the prior year. The increase is directly related to the addition of two new events: Teva Winter Games at $75,000 and a three -day event over Memorial Day for $150,000. The attached draft budget does not include these two new requests per Council's feedback to stay flat from prior year (similar to departmental budgets) on September 20th. Heavy Equipment Operating charges increased 8% compared to 2011 due to fuel prices. Costs are charged back to departments based on their use of the vehicles and equipment. Replacement charges are proposed flat with 2011 budget and are based on a long -term replacement plan for town vehicles. Dispatch Services charges total $575,706 for 2012 based on a three -year average usage by the town (33.7% of total 911 call volume). The 2012 charges are a 7% increase from 2011 attributable to an increase in call volume. 6 10/4/2011 5 -1 -16 CAPITAL PROJECTS FUND REVENUE - $7,711,660 Sales tax is a primary revenue source for capital projects. For 2012, $6,941,000 or 39% of the town's projected sales tax revenue is allocated to the Capital Projects Fund. Use Tax collections are budgeted at $515,000, 3% higher than the 2011 original budget. 2011 collections currently exceed the budgeted amount however this includes some activity from large projects. No major projects are assumed for 2012. EXPENDITURES - $15,375,374 $7.1 million of the above will be reimbursed by the Vail Reinvestment Authority (VRA) for capital projects within the LionsHead TIF District such as the East LionsHead Portal ($2.1 M), the West LionsHead Portal ($750,000), the Library remodel ($1.6M), a renovation of the Sundial Plaza and surrounding area ($850,000), partial funding of the Guest Services Enhancement project ($500,000), CDOT- required parking within the TIF District area ($480,000), completion of the LionsHead Welcome Center ($304,700) and demolition /repurposing of the old LionsHead Information Center ($150,000). The VRA is also reimbursing the town for the annual capital maintenance of the LionsHead parking structure ($365,000). The town is utilizing the Capital Projects Fund to track these projects because the town's financial systems are better suited than the VRA's to provide internal controls over projects of this size and to facilitate recording the capital assets on the town's books. The money allocated to these capital projects tie directly to the proposed budget for the VRA. In addition to the last debt service payment totaling $2.1 million, noteworthy projects for 2012 include: • Annual capital maintenance of town facilities, parking structures and streets totaling $3.1M • Guest Service Enhancement project ($1.1M), with $500,000 to be reimbursed by VRA • Renovation of Vail Village Information Center interior space, including new guest services consistent with LionsHead Transit and Welcome Center programming ($1.1M). In addition, a new turn lane at the VV Info Center is proposed at $250,000 • CDOT- required parking in LionsHead and a guardrail in West Vail on the North Frontage Road is proposed at a total cost of $630,000, offset by VRA reimbursement of $480,000 • Business Systems replacement ($175,000), which may include a new financial accounting system over a two year period The Capital Projects fund is projected to have a fund balance of $7.3M at the end of 2012, not including unfunded projects. Council has reviewed the five year capital plan twice during the budget process (April 19 and Sept. 20). Based on these discussions, several changes were made to the five -year plan as outlined in the cover memo. This budget ordinance approves only projects for consideration by Council in 2012. 7 10/4/2011 5 -1 -17 REAL ESTATE TRANSFER TAX (RETT) FUND REVENUE - $4,074,888 The primary revenue source for this fund is the 1% real estate transfer tax, accounting for $3,835,000 in projected revenue for 2012. Base transactions are budgeted at a 20% decrease from 2010. Collections from major redevelopment are budgeted at a decrease of 61% from 2010 assuming minimal re- sales. EXPENDITURES - $5,653,946 Use of the RETT Fund is restricted by ordinance to parks, recreation, open space, and environmental sustainability. RETT currently provides funding for both operating and capital expenditures within those categories. Total operating expense of $2.5M for 2012 includes: • Annual Park and Landscape maintenance ($1.4M) • Environmental Sustainability programs ($250,000) • Continuation of Forest Health projects ($195,000) • Management of AIPP programs ($92,700) • Betty Ford Alpine Garden annual support ($55,620) • Eagle River Watershed Council support for Black Gore Creek projects ($50,000) Noteworthy capital projects for 2012 include: • Flood incident major repairs and prevention measures to culverts and drainage infrastructure ($1.1M) • Stream bank mitigation planning ($200,000) • Frontage Road bike lanes ($1.2M) • Improvements to VRD- managed assets totaling $660,384. Significant projects include improvements to the Ford Park tennis court repairs The RETT fund is projected to have a fund balance of $7.6 million by the end of 2012. VAIL MARKETING FUND Business license fees provide the revenue for this fund, which is restricted to marketing Vail. Revenue is expected to be flat with 2011. Expenditures for marketing through the Commission on Special Events (CSE) are also budgeted flat at $280,000, with an additional $20,000 allocated to the Vail Jazz Festival. DEBT SERVICE FUND This fund is used to manage principal and interest on the town's outstanding debt. Funds are transferred from the Capital Projects Fund to meet annual debt service requirements and to cover the next upcoming principal and interest payments on the 2002B and 2008 bonds. All debt will be repaid by the end of 2012. 8 10/4/2011 5 -1 -18 HEAVY EQUIPMENT FUND This is an internal services fund that manages the maintenance and repair of town vehicles and equipment and the purchase of replacement vehicles other than buses and fire trucks. Costs are charged back to departments based on their use of the vehicles and equipment. Fuel prices are the reason for a 15% increase in operating costs from the current 2011 budget. DISPATCH SERVICES FUND This is an enterprise fund, e.g., more than half of its revenue is from sources outside of the town, managing emergency communications for all of Eagle County. The E911 Board currently funds seven dispatcher positions, two supervisor positions and a systems engineer. In 2012, there is a 7% increase in the town's fees based on a three - year average of call volume, of which Vail Police and Vail Fire total 33.7 %. CONFERENCE CENTER FUND This fund was established in 2003 to account for a 1.5% public accommodations tax and a .5% sales tax imposed by election for the purpose of building and operating a conference center in the town. These taxes were rescinded by election in November of 2005. A ballot question will be posed to voters this November asking to use the accumulated $9.4 million for three capital projects. If this question passes, Council will be asked to revisit the budget for this fund to include the proposed projects. HEALTH INSURANCE FUND This internal services fund manages the costs of providing health and short -term disability insurance to employees. Net costs are charged to departments as employee benefits. Since the town is self- insured on these items, a sufficient fund balance is maintained to absorb extraordinary claims experience. Claims over $75,000 per person are covered by an indemnity "stop loss" insurance product. Although increasing healthcare costs are shared with employees, staff has recommended use of $135,000 of fund balance to help offset the anticipated increase in medical claims for 2012. This Fund is projected to have a fund balance of $714,119 by the end of 2012. 9 10/4/2011 5 -1 -19 Major Revenue Analysis 2012 Budget 2003 2004 2005 2006 2007 2006 2009 2010 2011 2012 Actual Actual Actual Actual Actual Actual Actual Actual Amended Proposed Comments %vs.'10 actual %vs.2011 General Sales Tax 14,734,552 15.581.575 16.791,157 17,986.796 18,913.138 19,631.366 16,913.338 17.676.115 17.800.000 17,800.000 2012 flat with projected 2011; Still less than 2006 collections 7.1% 5.2% 3.8% -13.8% 4.5% 0.7% 0.0 RETT Tax 3,270.723 4,850,152 6.206.054 6.239.744 6.536.118 9.091.917 2,513.481 6.950,701 4.670.000 3,835.000 Base sales at 20% decrease from 2010 11.1% 48.3 28.0 0.5% 4.7% 39.1 -72.4 176.5 -32.8 -17.9 Recently completed major projects: Assumes over 6 years 70% of inventory sold at a price 10% less than units sold the last two years. Parking Revenue 2,993,378 3285,932 3,651.537 4.007.334 4,514.392 4.705,985 4.975.795 5,037,042 4.411500 4,425.000 5% decrease from 2010 and flat with projected 2011 17.4 9.8% 11.1 9.7% 12.7 4.2% 5.7% 1.2% -12.4 0.3% Property & Ownership Tax 2,822.742 2,621.494 2.627.877 2,931.347 3,012,030 4,309.622 4,506,491 4,951,386 5,055,000 4,232.000 32% decrease in assessed values projected for 2012; offset by completion of major projects 11.5 2.81 43.1 4.6% 9.91 21% -16.3 for a net reduction of 17% Lift Tax Revenue 2.273.055 2.496.162 2.777.698 2.975.097 3.039.619 3.277.703 3,048,011 3.357,717 3,193.000 3,492.000 2012 at 4% increase from 2010 based on 5 -year average annual increase 11.3 7.1% 2.2% 7.8% -7.0% 10.2 Construction Fees 1,020.917 1,608,461 2,466,054 3.481,989 4.992,752 3.799.444 1,341,731 1.272.606 673,250 883.000 2012: 31% less than 2010 actual; 2011 YTD activity indicates we may surpass budget 19.5 57.6 53.3 41.2 414 -219 -64.7 -5.2% -47.1 31.2 No major projects assumed Construction Use Tax - - - - 608.483 713.582 1.103,119 500.000 515.000 3% annual increase after 2011; No major projects assumed N/A 17.3% 54.6 -54.7 10 Other Taxes 1.265.084 1,254.005 1,251,928 1,367,139 1,399.739 1.644,975 1.545,535 1,711,350 1,324.800 1,742.600 County sales tax (based on TOV sales tax), Road & Bridge. Hwy users revenue, etc. 157.0 -0.9% -0.2% 9.2% 24% 17.5 -6.0% 10.7 -22.6 31.5 Increase in Road & Bridge based on 5 -year average All other items flat Federal / County Grants 89.700 1.412.098 19.500 1.739,052 59.542 - 203.765 3.785,144 1,629.025 154.010 2012: SAFER grant $65K (thur 2013). COPS grant $896 (thru 2012) -58.8 1474.2 N/A N/A N/A N/A N/A 1757.6 -57.0 -90.5 No Federal Transit Authority grants anticipated for 2012 Earnings on Investments 311,966 446,430 1,112.872 2,133,315 2,624.092 1,841,335 460,234 330,216 284.503 318.400 2012 based on .5% return 90.9 43.1 149.3 91.7% 23.0 -29.8 -75.0% -28.3 -118 11.9 Rental Income 616.412 803,939 780.214 827,280 897,958 949.961 912,090 862,151 869,816 869,816 Flat with 2011; Since 2010. overall rental activity has decreased due to 23.4 30.4 -3.0% 6.0% 8.5% 5.8% -4.0% -5.5% 0.9% 0.0 market pricing and availability E911 and Interagency Dispatch 1,037,223 1,088.068 1,165.164 1.337,583 1,528.608 1.657.622 1.904,572 1,908,591 1,958,581 1,919,317 Funding by E911 Authority Board and participating agencies 13.0 4.91 7.1% 14.8 14.31 8.4% 14.9 0.21 2.6% -2.0 Decrease due to call volume shift from other agencies to TOV All Other Revenue 7,866,081 8,609.569 10.091,661 5,137281 7,327.228 6,500,285 4,313,916 9,027,673 14,515,619 10,989.987 2005 incl. $4M Conference Center collections & $2M project reimb. 30.1 9.5% 17.2 -49.1% 42.6% -11.3 -316 109.3 60.8 -24.36 2007 incl. $1.2M recreation ammenities and $1.3M project reimb. 2008 incl. over $1M of project reimbursement and $5006 in Housing Fee in Lieu Total Revenue 38,301.833 44,057,885 48.941.716 50.163,958 54,845,217 58.018,698 43,352,542 57.973,811 56,885,094 51,176.130 2010 incl. repayment of VRD promissory note )$1.028M), sale of Arosa duplex ($816K) % compared to Prior Year 11.8 15.0 11.1 2.5% 9.3% 5.8% -25.3 33.7 -1.9% -10.0 Vail Resorts remib for skier drop off $7256 and project reimbursements $783K 2011 incl. $9.8 M reimbursement from VRA for Transit Center 2012 incl. $3.19 M reimbursement from VRA for LionsHead Portal projects 10/4/2011 10 5 -1 -20 Town of Vail 2012 Budget Summary of Changes in Personnel From 2011 Original Budget to 2012 Budget 2012 Changes Comments Full -time Regular Positions Facilities: Custodians (2.00) Vacancies - work contracted out Town Attorney (1.00) Contracted out (3.00) Seasonal Positions Forest Health 1.00 Bring crew back to original level of 6 (reduced to 4 for 2011) Community Development 0.25 Intern for 3 months Public Works Streets 0.48 Special events support, recycling /composting Public Works 0.50 Construction inspector 2.23 Total Changes to FTE Count: (0.77) 11 10/4/2011 5 -1 -21 TOWN OF VAIL 2012 BUDGET TEN -YEAR SUMMARY OF BUDGETED POSITIONS BY DEPARTMENT 2012 Positions Department 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Change Full -Time Regular Positions - Funded by TOV Town Officials 7.10 6.50 6.90 6.90 7.06 6.23 6.23 6.23 5.43 4.43 (1.00) Administrative Services 18.00 18.00 19.15 18.15 19.68 21.02 20.35 20.35 19.35 19.35 0.00 Community Development 15.00 14.00 13.85 13.85 15.18 15.18 17.85 15.85 14.85 13.85 (1.00) Fire 18.20 18.00 18.00 18.00 18.00 22.00 21.25 24.25 24.00 24.00 0.00 Police and Communications 61.75 54.25 56.25 54.25 54.50 54.50 54.50 54.50 52.75 53.75 1.00 Library 8.75 6.38 6.38 6.38 6.63 6.63 6.55 6.55 6.55 6.55 0.00 Public Works, Streets & Roads, Landscaping 29.75 29.75 3125 31.75 31.75 31.75 30.80 30.80 30.80 30.80 0.00 Transportation & Parking 28.50 27.50 30.50 31.00 31.00 31.00 33.00 31.00 31.00 31.00 0.00 Fleet Maintenance 13.00 13.00 13.00 13.00 13.00 13.00 13.00 12.00 12.00 12.00 0.00 Facility Maintenance 20.50 20.50 20.00 20.00 20.00 20.00 20.00 20.00 20.00 18.00 (2.00) Capital Projects 1.00 1.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (Total FTE's - Full -Time Regular 221.55 208.88 216.28 213.28 216.80 221.31 223.53 221.53 216.73 213.73 (3.00) Fixed Term Employees Administrative Services 1.00 1.00 - 1.00 - - - - - - 0.00 Community Development 2.00 6.00 6.00 5.00 4.00 4.00 0.50 - - 0.00 Fire 1.00 2.00 2.00 2.00 2.00 - - - 0.00 Police and Communications - - 1.48 3.48 3.48 3.48 3.00 - - - 0.00 Public Works, Streets & Roads, Landscaping 1.75 1.63 1.63 1.63 1.50 1.50 - - 0.00 Capital Projects 1.25 1.63 1.63 1.63 1.50 - - 0.50 0.50 Document Imaging 0.75 0.75 0.75 0.75 1.00 1.00 1.00 1.00 1.00 0.00 Total Fixed -Term 1.00 3.75 12.23 16.49 14.49 13.74 13.00 3.00 1.00 1.50 0.50 Externally Funded Employees Police and Communications 7.50 8.00 6.50 8.00 9.00 9.00 9.00 11.00 11.00 11.00 0.00 (Total Externally Funded 7.50 8.00 6.50 8.00 9.00 9.00 9.00 11.00 11.00 11.00 0.00 Seasonal Positions - Funded by TOV Town Officials 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Administrative Services 0.42 0.42 0.98 1.04 0.59 1.19 1.94 1.94 1.94 1.94 0.00 Community Development 0.96 0.48 0.00 0.00 0.00 1.25 0.25 0.00 0.00 0.25 0.25 10/4/2011 5 -1 -22 12 TOWN OF VAIL 2012 BUDGET TEN -YEAR SUMMARY OF BUDGETED POSITIONS BY DEPARTMENT 2012 Positions Department 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Change Fire 1.40 1.40 1.51 1.68 7.20 7.20 10.20 10.20 12.70 13.70 1.00 Police and Communications 0.48 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Library 1.09 2.48 2.48 2.48 1.70 1.70 1.70 1.70 1.70 1.70 0.00 Public Works/ Streets & Roads /Landscaping 9.55 7.57 8.69 8.94 11.42 11.90 12.86 10.46 10.46 10.94 0.48 Transportation & Parking 26.89 25.84 23.24 22.78 25.31 26.70 25.70 27.46 27.46 27.46 0.00 Fleet Maintenance 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.25 0.25 0.25 0.00 Facility Maintenance 0.83 1.33 1.33 1.36 1.38 1.38 1.38 1.38 1.38 1.38 0.00 Total Seasonal / Part-Time 41.62 39.52 38.23 38.28 47.60 51.32 54.03 53.39 55.89 57.62 1.73 All FTE's (Full -Time Equivalents) Town Officials 7.10 6.50 6.90 6.90 7.06 6.23 6.23 6.23 5.43 4.43 (1.00) Administrative Services 19.42 19.42 20.13 20.19 20.27 22.21 22.29 22.29 21.29 21.29 0.00 Community Development 15.96 16.48 19.85 19.85 20.18 20.43 22.10 16.35 14.85 14.10 (0.75) Fire 19.60 19.40 20.51 21.68 27.20 31.20 33.45 34.45 36.70 37.70 1.00 Admin 3.00 3.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 0.00 Patrol 27.00 28.98 30.48 31.00 31.25 31.00 28.00 27.00 28.00 1.00 Investigation 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 0.00 Records 525 5.25 5.25 5.50 5.25 5.50 5.50 4.75 4.75 0.00 Dispatch 22.00 22.00 23.00 23.48 23.48 23.00 25.00 25.00 25.00 0.00 Police and Dispatch Total 62.23 62.25 64.23 65.73 66.98 66.98 66.50 65.50 63.75 64.75 1.00 Library 9.84 8.86 8.86 8.86 8.33 8.33 8.25 8.25 8.25 8.25 0.00 Public Works, Streets & Roads 39.30 37.32 41.69 42.32 44.80 45.28 45.16 42.76 41.26 41.74 0.48 Transportation & Parking 55.39 53.34 53.74 53.78 56.31 57.70 58.70 58.46 58.46 58.46 0.00 Fleet Maintenance 13.00 13.00 13.00 13.00 13.00 13.00 13.00 12.25 12.25 12.25 0.00 Facility Maintenance 21.33 21.83 21.33 21.36 21.38 21.38 21.38 21.38 21.38 19.38 (2.00) Capital Projects / Fixed Term 1.00 1.75 3.00 2.38 2.38 2.63 2.50 1.00 1.00 1.50 0.50 Total FTE's 264.17 260.15 273.24 276.05 287.88 295.37 299.56 288.92 284.62 283.85 (0.77) 10/4/2011 5 -1 -23 t3 Town of Vail Employee Benefits 2009 2010 2011 2012 Actual % Salary Actual % Salary Budget %o Salary Proposed % Salary Full -Time Regular Employees Fee Based Health Insurance 2,515,558 18.8% 2,525,000 19.1% 2,530,000 18.73% 2,700,000 19.78% Group Term Life and Accidental Death Insurance 214,665 1.6% 213,525 1.6% 86,000 0.64% 74,000 0.54% Long -term Disability Insurance 55,000 0.41% 53,000 0.39% Survivor's Life Insurance 72,000 0.53% 74,000 0.54% Short -term Disability Insurance 25,000 0.2% 25,400 0.2% 32,000 0.24% 25,000 0.18% Wellness Benefit 94,352 0.7% 144,794 1.1% 95,000 0.70% 95,000 0.70% Sworn Officer Death and Disability Insurance 65,629 0.5% 68,336 0.5% 68,500 0.51% 72,000 0.53% Subtotal Fee Based 2,915,204 21.8% 2,977,055 22.5% 2,938,500 21.75% 3,093,000 22.66% Payroll Based Pension Contribution 2,059,169 15.4% 2,059,475 15.6% 2,061,484 15.26% 2,024,625 14.83% Medicare 172,959 1.3% 168,269 1.3% 180,861 1.34% 182,938 1.34% Workers' Compensation Insurance 182,241 1.4% 158,471 1.2% 192,500 1.43% 191,400 1.40% Unemployment Compensation Insurance 28,527 0.2% 27,867 0.2% 27,000 0.20% 27,300 0.20% Subtotal Payroll Based 2,442,896 18.3% 2,414,082 18.3% 2,461,845 18.23% 2,426,264 17/7% Total Full -Time Benefits 5,358,100 40.1% 5,391,137 40.8% 5,400,345 39.98% 5,519,264 40.43% Part -Time and Seasonal Employees Fee Based Wellness 72,199 3.8% 117,746 6.1% 75,000 3.89% 75,000 3.68% Wellness - Boards & Commissions 8,100 0.4% 9,100 0.5% 9,100 0.47% 9,100 0.45% Mini -Med Program 4,199 0.2% 3,375 0.2% 6,000 0.31% 6,000 0.29% Payroll Based Pension Contribution 30,115 1.6% 28,989 1.5% 28,910 1.50% 30,586 1.50% Medicare 27,899 1.5% 27,788 1.4% 27,946 1.45% 29,566 1.45% Workers' Compensation Insurance 26,153 1.4% 22,973 1.2% 27,500 1.43% 27,716 1.36% Unemployment Compensation Insurance 4,094 0.2% 4,040 0.2% 3,855 0.20% 4,078 0.20% Subtotal Payroll Based 88,261 4.7% 83,790 4.3% 88,210 4.58% 91,946 4.51% Total Part -Time and Seasonal Benefits 172,759 8.9% 214,011 11.1% 178,310 9.25% 182,046 8.93% Total Benefits - All Employees 5,530,859 36.1% 5,605,148 37.0% 5,578,655 36.14% 5,701,310 36.34% 14 10/4/2011 5 -1 -24 TOWN OF VAIL 2012 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND 2011 2010 Original 2011 2012 Actual Budget Amended Proposed Comments Revenue Local Taxes: $ 17,676,115 $ 16,900,000 $ 17,800,000 $ 17,800,000 2012 flat with 2011 amended Sales Tax Split b/t Gen'I Fund & Capital Fund 57/43 61/39 61/39 61/39 Sales Tax $ 10,143,624 $ 10,310,000 $ 10,859,000 $ 10,859,000 2012 flat with 2011 amended Property and Ownership 4,951,386 5,055,000 5,055,000 4,232,000 2012 32% reduction on base offset by major projects for net reduction 01 17 Ski Lift Tax 3,357.717 3,193,000 3,193,000 3,492,000 2012 at 4% incr from 2010 actual Franchise Fees, Penalties, and Other Taxes 1,040.425 1,087,402 1,087,402 1,112,753 Licenses & Permits 1,387,337 732,200 732,200 955,000 No major redevelopment projected Intergovernmental Revenue 1,929,121 1,524,065 1,525,365 1,911,250 County sales tax, highway user tax and federal grants (SAFER and COPS) Transportation Centers 5,037,042 4,911,500 4,411,500 4,425,000 2012 based on 2011 actual Charges for Services 875,627 702,963 810,963 774,850 Mainly based on RETT mgmt fee; VLMD fee and VRA fee Fines & Forfeitures 271,561 305,000 305,000 325,000 Based on 5 -year average Earnings on Investments 119,049 194,000 194,000 116,900 Assume rate of return at .5% Rental Revenue 862,151 869,816 869,816 869,816 Mainly employee housing: 3% increase every -other year Miscellaneous and Project Reimbursements 386,271 161,658 280,607 207,000 Based on 5 -year average Total Revenue 30,361,311 29,046,604 29,323,853 29,280,569 Expenditures Salaries 13,045,680 13,671,012 13.705.158 13,679,222 Includes 3% merit increase Benefits 4,622,295 4,595,579 4,557,930 4,597,131 40.4 % full time benefits Subtotal Compensation and Benefits 17,667,975 18,266,591 18,263,088 18,276,353 Contributions and Special Events 1,283,494 1,273,750 1,285,750 1,263,318 Updated based on Council feedback Sept 20 All Other Operating Expenses 4,990,731 5,869,021 6,318,345 6,222,776 Includes energy savings and increased costs from new facilities Heavy Equipment Operating Charges 1,993,320 2,071,117 2,086,117 2,253,304 2012 increased based on higher fuel prices in 2011 Heavy Equipment Replacement Charges 697,630 546,104 546,104 547,008 2% per year Dispatch Services 522,213 537,827 537,827 575,706 Based on 3 -year average of call volume Total Operating Expenditures 27,155,363 28,564,410 29,037,231 29,138,465 Revenue Over (Under) Expenditures 3,205,948 482,194 286,622 142,104 2015 World Alpine Ski Championships (250,000) (250,000) Pro - cycling event (75,000) (75,000) (75,000) 2015 Nation's Event (375,000) Vail's 50th Anniversary (250,000) Transfer to Capital Projects Fund (3,742.673) - (1,845,800) Revenue Net of Transfers & New Programs (536,725) 407,194 (1,884,178) (807,896) Beginning Fund Balance 23.423,417 20.340.414 22,886,692 21.002.514 Ending Fund Balance $ 22,886,692 $ 20,747,608 $ 21,002,514 $ 20,194,618 EHOP balance included in ending fund balance $ 690.000 690,000 690.000 $ 690,000 not spendable 10/4/2011 - 15 - 5-1-25 TOWN OF VAIL 2012 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND 2010 2011 2011 2012 Actual Budget Amended Proposed Revenue Local Taxes: $ 17,676,115 $ 16,900,000 $ 17,800,000 $ 17,800,000 Sales Tax Split b/t Gen'I Fund & Capital Fund 57/43 61/39 61/39 61/39 Sales Tax $ 10,143,624 $ 10,310,000 $ 10,859,000 $ 10,859,000 Property and Ownership 4,951,386 5,055,000 5,055,000 4,232,000 Ski Lift Tax 3,357,717 3,193,000 3,193,000 3,492,000 Franchise Fees, Penalties, and Other Taxes 1,040,425 1,087,402 1,087,402 1,112,753 Licenses & Permits 1,387,337 732,200 732,200 955,000 Intergovernmental Revenue 1,929,121 1,524,065 1,525,365 1,911,250 Transportation Centers 5,037,042 4,911,500 4,411,500 4,425,000 Charges for Services 875,627 702,963 810,963 774,850 Fines & Forfeitures 271,561 305,000 305,000 325,000 Earnings on Investments 119,049 194,000 194,000 116,900 Rental Revenue 862,151 869,816 869,816 869,816 Miscellaneous and Project Reimbursements 386,271 161,658 280,607 207,000 Total Revenue 30,361,311 29,046,604 29,323,853 29,280,569 Expenditures by Type: Municipal Services: Town Officials 1,162,640 1,295,860 1,409,304 1,453,334 Administrative Services & Risk Management 3,043,095 3,306,565 3,383,559 3,467,195 Community Development & Housing 1,722,407 1,644,765 1,683,918 1,581,504 Police 4,280,070 4,591,150 4,669,043 4,591,423 Police Communications 522,213 537,827 537,827 575,706 Fire 2,817,132 2,981,136 2,988,292 3,078,507 Public Works & Streets 3,530,332 3,553,226 3,572,503 3,674,733 Transportation & Parking 4,495,643 4,661,727 4,782,738 4,889,032 Facilities 3,315,796 3,733,319 3,733,319 3,551,345 Library 794,879 800,580 801,571 816,751 Economic Development 1,471,156 1,458,255 1,475,157 1,458,935 Total Operating Expenditures 27,155,363 28,564,410 29,037,231 29,138,465 Revenue Over (Under) Expenditures 3,205,948 482,194 286,622 142,104 2015 World Alpine Ski Championships (250,000) (250,000) Pro - cycling event (75,000) (75,000) (75,000) 2015 Nation's Event (375,000) Vail's 50th Anniversary (250,000) Transfer to Capital Projects Fund (3,742,673) - (1,845,800) Revenue Net of Transfers & New Programs (536,725) 407,194 (1,884,178) (807,896) Beginning Fund Balance 23,423,417 20,340,414 22,886,692 21,002,514 Ending Fund Balance $ 22,886,692 $ 20,747,608 $ 21,002,514 $ 20,194,618 EHOP balance included in ending fund balance $ 690,000 $ 690,000 $ 690,000 $ 690,000 not spendable 10/4/201 5 -1 -26 Summary of Operating Expenditures 2011 2011 2010 Original Amended 2012 Actual Budget Budget Budget Expenditures by Type: Operating Expenses paid for by General Fund: Town Officials 1,162,640 1,295,860 1,409,304 1,453,334 Administrative Services & Risk Management 3,043,095 3,306,565 3,383,559 3,467,195 Community Development & Housing 1,722,407 1,644,765 1,683,918 1,581,504 Police 4,280,070 4,591,150 4,669,043 4,591,423 Police Communications 522,213 537,827 537,827 575,706 Fire 2,817,132 2,981,136 2,988,292 3,078,507 Public Works & Streets 3,530,332 3,553,226 3,572,503 3,674,733 Transportation & Parking 4,495,643 4,661,727 4,782,738 4,889,032 Facilities 3,315,796 3,733,319 3,733,319 3,551,345 Library 794,879 800,580 801,571 816,751 Economic Development 166,792 173,112 173,112 179,025 Information Center 201,221 202,990 202,990 218,133 Council Contributions 478,013 472,275 489,177 444,635 Commission on Special Events 625,130 609,878 609,878 617,143 Large event commitments: 2015s, Pro Cycling, Vail's 50th 75,000 325,000 950,000 Total paid by General Fund: 27,155,363 28,639,410 29,362,231 30,088,466 Operating Expenses paid for by Marketing Fund: Commission on Special Events 280,000 300,000 300,000 300,000 Operating Expenses paid for by RETT: Annual Park and Landscape Maintenance 1,198,869 1,317,340 1,317,340 1,350,140 Tree Maintenance 57,331 65,000 85,000 65,000 Rec. Path Capital Maint 119,241 104,094 141,177 93,395 Park / Playground Capital Maintenance 94,609 90,000 114,841 85,000 Street Furniture 22,472 22,500 22,500 25,000 Public Art - operating expenses 94,072 89,371 89,371 92,657 Alpine Garden Support 55,620 55,620 65,620 55,620 Black Gore Creek Sand Mitigation 55,477 50,000 65,600 50,000 Forest Health 206,183 145,000 145,000 195,000 Environmental Sustainability 253,434 250,000 319,350 250,000 Total paid by RETT: 2,157,308 2,188,925 2,365,799 2,261,812 Total Operating Expenditures 29,592,671 31,128,335 32,028,030 32,650,278 10/4/201 5 -1 -27 2012 Contribution Request Spreadsheet 2011 2012 Requests Council - Approved 2011 Cash 2011 0- 2012 Cash 20121n- Variance to TOWN OF VAIL FUNDING REQUEST Funded 2011 In -Kind Fended Kind Value Request 2011 In -Kind Request Kind Value 2011 Staff Cash In -Kind Value GENERAL FUND Contributions: Funding Recommended ECONOMIC: A Bravo! Colorado / New York Phi'..�a 'sonic 75.000 80.000 5.000 75.000 75.000 A Bravo! Colorado / Philadelphia Orc esra 75.000 80,000 5000 75,000 75,000 A Bravo! Colorado/Music Matters Ed-,cation & Outreach 7,500 15.000 7.500 - A Bravo! Colorado/ 25th Anniversary 25.000 25,000 17.500 17.500 A Bravo! Colorado - General operations 15 Ford Park Parking 15 Ford Park plus ability to pay for 50 Spaces upper bench - - 15 Ford Park plus ability 10 pay for 50 B National Repertory Orchestra 1.0001 2,000 1,000 1.000 C Vail Farmers' Market - Traffic, buses. signs 4.500 5.000 Traffic, buses. signs 5.000 5.000 4.500 D Vail Jazz Festival (June-Sept '09) 50.600 Note: $200 paid from business licenses 60,000 9.400 50,600 50800 Reduction in rent ($9K), 2 blue and 2 gold passes Colorado Ski Museum 42.000 Reduction in rent 9.000 95.000 (88.700); 4 hr5 /month 10 (91800), use of LH 22.500 E Welcome Ctr room ($3000 estimate) 53.000 42.000 42.000 9 000 F Vail Valley Foundation Birds of Prey (Dec. 1 -4, 05) 009 buses 10.000 TOV bus service 13.000 - 10.000 American Ski Classic 5,000 parking vouchers 3.000 5,000 parking vouchers 3.000 5.000 • Street Beat / Winter Concert Series 25,650 P0 & PW 508600 7500 25.650 PD and PW support 7.500 - 25.650 - Vail International Dance Festival 45,0001 45.000 - 45.000 45.000 - Gerald R. Ford Amphitheater (Hot Summer Nights) 24,525 P0 presence 2.800 27.500 PD presence 2,800 2,975 24,525 27.500 2,800 UCI 2.1 Pro Cycling Event 175.000 Police. public works 15.000 175.000 PD. PW. Fire support 57.000 - 175.000 175.000 57.000 2015 World Alpine Ski Championships 250.000 250.000 - 250.000 250.000 2015 Nations Event (Golden Peak) 375.000 375.000 375.000 G Vail Chamber & Business Association (VCBA) Premier Impressions 10.000 20,000 10.000 - - H Vail Symposium 70.000 25.000 - ! Vail's 50th Anniversary 500.000 250.000 250.000 J Commission on Special Events 791.810 791.800 791.800 791,800 Allocated to Climbing Wall World Cup 45.000 keep separate from CSE 45,000 45.000 45,000 3 -dav outdoor adventure event 150.000 Teva Winter Games 75.000 K Taste of Vail 1 Lamb Cook -off trash pickup; recycling tents 2.500 - - 2.500 L Eacc Ve ey Land Trust 2.000 OR 2 blue parking passes 2200 - N Ear: c Co..••y Loan Fund / Home Buyer Assistance 5.000 5.000 - - TOTAL ECONOMIC 1,623,085 51,800 2,928,950 113,300 128,875 2,318,075 2,219,400 85,800 EDUCATIONAL N Eac.c Va. cy O'•.'.dcare - annual contribution 45.000 donate TOV computers & set up 48,000 49.000 45.000 O Vail 5010 DVD / Summit Films 10.000 10.000 10.000 10.000 P Bright Future Foundation 4,000 - O Reach Out and Read Colorado 2.500 - - R Earfy 054idbood Partners 8.250 - TOTAL EDUCATIONAL 55,000 - ■ - 72,750 - - 55,000 55,000 - RECREATION S Ski & Snowboard Club Vail (Oct 28 - 31. 2012) 4 days of ice 5,285 4 days of ice 5285 2 days 4 days of ice T VVMC Spring Fashion Show & Luncheon (Mar 30.2012 300 1-day parking passes 7.500 300 1-day parking vouchers 7,500 300 if change date 300 vouchers if change date U Vail Junior Hockey Association - Nov 2012 Tournament 9 days ice +Donovan/ no parking pass 15,391 9 days of ice + Donovan 1 day + parking 24.016 5 days 9 days of ice + Donovan 1 day ✓ Skating Club of Vail (July 11 -15'12 & late Dec. '12) 9 days of ice 11.891 9 days of ice 11,891 5 days 5 days of ice W Special Olympics (Sundays Jan . Feb, Mar '12) 42 parking passes - LH only 1,050 42 parking vouchers 1.050 42 vouchers 42 parking vouchers X Vail Valley Athlete Commission (See item F) 6,000 6.000 6,000 6,000 V Foresight Ski Guides 2 blue passes 2,200 3 blue passes 3,300 2 passes 2 blue passes Z SOS Outreach 35 dav pakinq vouchers 700 • AA Vail Sports Commission 47.500 TOTAL RECREATION 6,000 43,317 53.500 53,742 - 6,000 6,000 - SUBTOTAL - CONTRIBUTIONS 1,684,085 95.117 3.055.200 167.042 128,875 2,379,075 2,280,400 85,800 ARRANGEMENTS and AGREEMENTS: 10/4/2011 19 5 -1 -28 2012 Contribution Request Spreadsheet 2011 2012 Requests Council - Approved 2011 Cash 2011 In- 2012 Cash 20121n- Variance to TOWN OF VAIL FUNDING REQUEST Funded 2011 In-Kind Funded Kind Value Request 2011 In-Kind Request Kind Value 2011 Staff Cash In-Kind Value GENERAL FUND Contributions: Funding Recommended AB Vaii Va cy Comm. TV/Ch5 - Frac'seFee 70.000 30% of collected Franchise Fees 70- 000 70.000 70,000 Cap la - BB ove c is 10.000 10.000 - - SUB TOTAL - ARRANGEMENTS and AGREEMEN 70,000 - 80,000 - 10,000 70,000 70,000 - GRAND TOTAL General Fund 1,754,085 95,117 3,135,200 167,042 138,875 2,449,075 2,350,400 85,800 Real Estate Transfer Tan Fund: AC Betty Ford A■pdte Garden Fottpdaip Operations 55,620 2 designated Ford Park summer spaces 100.000 2 designated Ford Park summer spaces 55.620 55.620 Water feature improvements 20.000 - AC Eagle River Watershed Sediment Pollution Efforts 50.000 77.500 50.000 50,000 AE Eagle Valley Alliance for Sustainability - 10,000 - - TOTAL RETT 105,620 - 207,500 0 0 105,620 105,620 0 Grand Total 1,859,705 95,117 3,342,700 I 1 167.042 1 1.482.995 2,554.695 2,456.020 1 85.800 10/4/2011 19 5 -1 -29 2012 Contributions Please see the attached spreadsheet to coincide with the following background and recommendations. ECONOMIC A. Bravo! Colorado BACKGROUND INFORMATION: Bravo! Vail Valley Music Festival is requesting a total of $200,000: $80,000 each for the Philadelphia Orchestra and the New York Philharmonic — Vail Residency programs. Bravo! is also requesting $15,000 for the Music Matters Education and Outreach Program, and $25,000 for the 25 Anniversary programs. An in -kind contribution is requested for 50 parking spaces per concert on the Upper Bench lot plus the 15 Ford Park spaces they traditionally receive. STAFF RECOMMENDATION: Staff recommends funding at a total of $167,500, allocated to the following: $75,000 for each residency program and $17,500 for the 25 anniversary celebration concerts. Staff shifted funding of the Music Matters Education ($7,500 in 2011) over to the 25 anniversary, and overall this is an increase of funding of $10,000 from prior year. Staff is supporting the 25 anniversary celebration because it includes two special anniversary concert performances with acclaimed violinist and musical director Nadja Salerno- Sonnenberg and her 18 -piece chamber orchestra travelling from California. One of the special concerts features Ms.Salerno- Sonnenberg and the other features Bravo's Artistic Director, pianist Anne - McDermott. Historically, the Town of Vail has contributed funding to the New York Philharmonic and the Philadelphia Orchestra Tier 1 programs. The cultural benefit to the Town of Vail and the tourist attraction of this event are major factors in staff's recommendation for funding. B. Bravo! Family Concert (National Repertory Orchestra) BACKGROUND INFORMATION: The Orchestra is requesting $2,000 to offset travel expenses associated with their annual concert in Vail. Each season, they perform a free family concert at the Ford Amphitheatre in conjunction with Bravo!. STAFF RECOMMENDATION: Staff recommends funding at $1,000 (same as the 2011 contribution) based on the cultural benefit to the town and the potential increase in drive traffic from the Summit area. C. Vail Farmer's Market BACKGROUND INFORMATION: Vail Farmer's Market is requesting $5,000 of in -kind value to cover the cost of services provided by the Town of Vail during the events, and $5,000 cash to cover the cost of traffic control. The Commission on Special Events (CSE) funded $44,000 toward the Farmer's Market in 2011. STAFF RECOMMENDATION: Staff recommends funding in -kind of $4,500 (same level as 2011) which will be included in the town's operating budget. Staff recommends consolidating the cash request with the funding provided by the CSE, as was done for 2010 and 2011. 10/4/20 5 -1 -30 D. Vail Jazz Foundation BACKGROUND INFORMATION: The Vail Jazz Foundation is requesting $60,000 to fund all 25 performances presented in Vail over the course of the summer, including the Jazz at Vail Square concert series (9 concerts) from July through Labor Day weekend, the Vail Jazz Party during Labor Day weekend (7 sessions), and 9 free summer concerts at Solaris at the Vail Farmers' Market. The Vail Jazz Foundation commits to raising $30,000 of matching funds to continue to upgrade the market series. STAFF RECOMMENDATION: Staff recommends the same funding as 2011 at $50,600 (which was an increase of 65% from 2010), with $20,000 of that coming from the Marketing Fund (business license revenue). While this music festival continues to grow and has become an iconic event, the town's budget cannot support an increase in funding. E. Colorado Ski Museum BACKGROUND INFORMATION: The museum is requesting cash of $75,000 for general operating costs and in -kind of $9,000 (rent subsidy), 2 gold parking passes, 2 blue parking passes, 4 hours per month of IT support and complimentary use of the LionsHead Welcome Center's community room. STAFF RECOMMENDATION: Staff recommends funding the in -kind request for subsidized rent ($9,000) and a cash contribution of $42,000 (for a total contribution of $51,000). This is flat with 2011. The town's IT staff is stretched very thin and cannot accommodate the request for IT support. Programming for the LionsHead Welcome Center has not been finalized as yet, so it is difficult to commit complimentary use. Two blue passes are given to the museum as a part of their lease for the facility. The budget cannot support the new request for an additional four parking passes. F. Vail Valley Foundation (VVF) BACKGROUND INFORMATION: The Foundation is requesting $103,150 of cash funding and $26,300 of in -kind for entertainment programs and winter events. (Street Beat; Vail International Dance Festival and Hot Summer Nights, Birds of Prey, and the American Ski Classic). In addition, the VVF is requesting $175,000 cash and $25,000 of in -kind funding for the US Pro - cycling Challenge. There are two requests relating to the 2015 World Alpine Ski Championships: $250,000 annual commitment (2n of 5 year commitment) for the overall championships and $375,000 annual commitment (1s of 4 year commitment) for the Nations Team Event to be held at Golden Peak. STAFF RECOMMENDATION: Staff recommends funding the in -kind requests for the special events, although limits the Birds of Prey in -kind to $10,000 ($13,000 requested), and those costs will be built into the town's 2012 operating budget. Staff also recommends cash funding at the same level as 2011: $25,650 toward Street Beat; $45,000 to the Vail International Dance Festival; $24,525 toward Hot Summer Nights, and $5,000 for the American Ski Classic for a total of $100,175. Staff supports the UCI 2.1 Pro - Cycling event, the 2015 World Alpine Championships and the Nations Team Event and recommends funding $100,000 from the Vail Local Marketing District for the Pro - cycling Challenge, contingent upon a concert at the Ford Amphitheater. The remaining funds will need to come from the General Fund reserves, as the town's annual operating budget cannot absorb that level of expense. 10/4/2W1 5 -1 -31 G. Vail Chamber & Business Association (VCBA) BACKGROUND INFORMATION: The VCBA is requesting $20,000 to expand the Premier Impressions Program to six -weeks in duration to encompass both winter (December- March) and summer seasons (July /August). The new programming assumes 300 $50 Vail- branded gift cards would be awarded, and to contain costs the end of season awards reception would be eliminated. STAFF RECOMMENDATION: While the intent of the Premier Impressions coincides with Council goals, staff is concerned about the future of this program and acknowledges there are other programs addressing the same goals. Only 105 gift cards were awarded in 2011, with much of the cash funding going toward the end of the season party. The Premier Impressions proposed 2012 budget plans for 300 gift cards, increased advertising and promotional efforts, and increased management fees. Staff is also concerned with the Chamber's financial stability upon review of their balance sheet and limited representation within the business community (approximately 25% of Vail businesses). In addition, the Vail Valley Partnership provides a program on a fee basis that meets a similar guest services objective for Vail businesses and both the Town of Vail and Vail Resorts sponsor rewards programs for employees exhibiting excellent customer service. H. Vail Symposium BACKGROUND INFORMATION: The Vail Symposium is requesting $75,000 to help fund both a winter series and summer seminar. The winter series will include four speakers. The summer seminar consists of a new, three -day event called "The Vail Summit on Health and Wellness" to include approximately 18 speakers covering four thematic field such as sports medicine and fitness, the business of medicine, women's health issues and alternative medicine. STAFF RECOMMENDATION: Staff recommends funding of $25,000 along with marketing support from the Vail Local Marketing District contingent upon a detailed list of confirmed speakers and matching grants for the remaining $50,000. The Symposium receives $4,500 annually from the Town of Vail Library for the Adventure Speaker series. I. Vail's 50 Anniversary BACKGROUND INFORMATION: Highline Sports & Entertainment has been selected to produce an 18 -month marketing, PR and event activation program to celebrate and promote Vail's 50 Anniversary. The cross - community team planning this celebration is requesting $500,000 from the Town of Vail to contribute to the $3.8 million in estimated costs. STAFF RECOMMENDATION: As the town's annual operating budget cannot absorb this amount of expense, staff recommends funding $250,000 out of General Fund reserves until a more firm plan for the celebration is developed. This includes $30,000 for the Pioneer Days event and $20,000 in Colorado Ski Museum activities. As a solid plan develops, we may recommend additional funding at that time. J. Commission on Special Events (CSE) BACKGROUND INFORMATION: The CSE is requesting funding for various events, totaling $1,061,800: $836,800 for existing events, $150,000 for a new three -day outdoor adventure style event during Memorial Day weekend and $75,000 for the Teva Winter Games (February 9 -12). 10/4/2W1 5 -1 -32 STAFF RECOMMENDATION: Staff recommends the $836,800 funding, flat with prior year as directed to all town departmental budgets. This includes $45,000 for the World Climbing event during the Mountain Games. It may be premature to recommend funding for the new event at $150,000 (there are no existing events funded at this level), and staff recommends funding the Teva Winter Games out of the current annual CSE budget. An additional $54,117 of staffing & related expense is currently included in the town's 2012 operating budget. The entire CSE budget is part of the Economic Development Department of the town K. Taste of Vail Lamb and Apres Cook -off BACKGROUND INFORMATION: The Taste of Vail is requesting in -kind services for the Lamb Cook -off for trash and recycling services. STAFF RECOMMENDATION: Staff recommends funding this in -kind request for event visitors only (food vendors must provide their own trash cans), with an estimated at a cost of $2,500. The Taste of Vail received $20,000 of cash funding from the CSE in 2011. L. Eagle Valley Land Trust BACKGROUND INFORMATION: The Eagle Valley Land Trust is requesting either 2 blue parking passes or $2,000 cash contribution to help fund the stewardship of four open space parcels within the town. STAFF RECOMMENDATION: Because the annual site visit occurs during the summer, staff does not recommend funding either the cash or parking pass. M. Eagle County Loan Fund (ECLF) / Home Buyer Assistance BACKGROUND INFORMATION: The ECLF is requesting $5,000 in funding to be used for down payment assistance loans. These loans are available for employees within Eagle County to purchase deed restricted units. STAFF RECOMMENDATION: The ECLF received $5,000 from the Vail Local Housing Authority in 2009 and $15,000 in 2010. Staff recommends that the ECLF continue working with the Vail Local Housing Authority as a more appropriate resource for those funds. EDUCATIONAL N. Eagle Valley Childcare (EVC) BACKGROUND INFORMATION: The EVC has requested $48,000 of funding for 2012 to subsidize Town of Vail childcare. STAFF RECOMMENDATION: Because the town is a founding partner, staff recommends funding $45,000 (same amount as 2011). This childcare provider is an important service used by town employees. 10/4/20 5 -1 -33 O. Summit Films: Vail 50 DVD "In the Spirit of the Founders" BACKGROUND INFORMATION: Summit Films is requesting the final installment of $10,000, from a three -year request ($15,000 has already been funded by the town). These funds are being used for the production of a two hour DVD set documenting the first fifty years of Vail. To date approximately $195,000 has been committed to this project from other donors, including a $150,000 commitment from Vail Resorts. STAFF RECOMMENDATION: Staff recommends funding $10,000 for 2012. Because the town could not commit funds beyond the current fiscal year, staff required Summit Films to apply for annual funding for each year. This endeavor is the first of several celebrations that the town intends to participate in for Vail's 50 anniversary and we look forward to the results of this project. P. Bright Future Foundation BACKGROUND INFORMATION: The Bright Future Foundation is requesting $4,000 to help fund a county- specific training summit in Vail, with an estimated 100 attendees. The summit is designed to enhance multidisciplinary responses to crimes involving domestic violence and sexual assault. STAFF RECOMMENDATION: While this is a valuable program, staff does not feel this is an appropriate use of taxpayer funds. This organization already receives some funding from property taxes collected within Vail. Q. Reach Out and Read Colorado BACKGROUND INFORMATION: Reach Out and Read is requesting $2,500 of funding to support their programming and purchase of books. During wellness visits, pediatricians work with low - income parents of children aged 6 months to 5 years and stresses to the parents the importance of reading in the home prior to kindergarten. A book is given to the child at each visit to encourage home learning. STAFF RECOMMENDATION: While this is a valuable program, staff does not feel this is an appropriate use of taxpayer funds. The Vail Library has established children's programming for local families. R. Early Childhood Partners BACKGROUND INFORMATION: Early Childhood Partners is requesting $8,250 to fund a 12 -week "Incredible Years Parenting Class" to be held in Vail, which provides the tools to help parents build a more positive relationship with their children, develop more effective discipline and help kids grow and learn at their highest potential. STAFF RECOMMENDATION: While this is a valuable program, staff does not feel this is an appropriate use of taxpayer funds. 10/4/2W1 5 -1 -34 RECREATIONAL S. Ski & Snowboard Club of Vail BACKGROUND INFORMATION: The Ski & Snowboard Club of Vail has requested in -kind funding of $5,285 for 4 days of ice for their annual Ski & Snowboard Swap event to be held at the end of October, 2012. STAFF RECOMMENDATION: Staff recommends funding this in -kind request for two days (out of four requested) with appropriate approval and coordination with the Vail Recreation District. The Ski & Snowboard Club will be responsible for hard costs for use of the Dobson Arena such as set -up, tear -down, cleaning and utilities. Two days are recommended at this time because the town is currently recruiting participatory sporting events and may need to use some of our allocated days to offset costs for those groups. However, if there are enough available days remaining prior to this event, staff recommends providing the full amount of days (days will be released by August 1, 2012). T. Vail Valley Medical Center Volunteer Corps (VVMC) BACKGROUND INFORMATION: The VVMC is requesting in -kind funding for 300 parking vouchers for the Spring Fashion Show & Luncheon event on Friday, March 30, 2012. STAFF RECOMMENDATION: This request has always been granted, however with the day of the event on a Friday in March, staff is very concerned that even if coupons are given out, the event participants may not even find a parking space. In addition, the potential impact to parking revenue is much greater on a Friday than on a different weekday, or a date in April. If the VVMC can reschedule this event, staff would be willing to accommodate this request. U. Vail Junior Hockey Association BACKGROUND INFORMATION: The Vail Junior Hockey Assn. is requesting $15,391 in -kind funding including $11,891 for 9 days of ice (3 weekends during November, 2012) and $3,500 for use of the Donovan Pavilion in the spring of 2012 for an End of Hockey Season Gathering for volunteers, sponsors, parents, and players. In addition, they are requesting free or reduced parking in the LionsHead Parking Structure for the 3 weekend of the tournament (scheduled for November 16 — 18). STAFF RECOMMENDATION: Staff recommends providing 5 days of ice time (out of 9 requested), subject to approval and coordination with the Vail Recreation District for the ice time. Staff recommends waiving the fee for Donovan Pavilion, contingent upon approval and coordination with the Donovan Management Company regarding availability. However, the Hockey Assn. will be responsible for hard costs for use of the Dobson Arena and Donovan Pavilion such as set -up, tear - down, cleaning and utilities. The reduced days relate to the town's need for ice time as mentioned in item "S ". However, if there are enough available days remaining prior to this event, staff recommends providing the full amount of days. The parking request is estimated at a cost of $8,625. Staff does not recommend funding this request as the budget cannot support an increase from the prior year's contribution. 10/4/20 ?1 5 -1 -35 V. Skating Club of Vail BACKGROUND INFORMATION: The Skating Club of Vail has requested in -kind funding of $11,891 for 9 days of ice for two separate competitions (31st Annual Vail Invitational Championships and the 9 th Annual Vail Mountain Fun Skating Competition) July 11 -15, 2012 and the Holiday Ice Shows in late December, 2012). STAFF RECOMMENDATION: Staff recommends providing 5 days of ice time (out of 9 requested) subject to approval and coordination with the Vail Recreation District. The Skating Club will be responsible for hard costs for use of the Dobson Arena such as set -up, tear -down, cleaning and utilities. The reduced days relate to the town's need for ice time as mentioned in item "S ". However, if there are enough available days remaining prior to this event, staff recommends providing the full amount of days (days will be released by August 1st) W. Special Olympics BACKGROUND INFORMATION: The Special Olympics is requesting in -kind funding of $1,050 for a total of 42 parking vouchers for volunteers who train the athletes on Sundays spanning January through the end of the season. STAFF RECOMMENDATION: Staff recommends funding this in -kind request, for the LionsHead parking structure only, with one -time entry /exit coupons (total of 42). X. Vail Valley Athlete Commission (see backup for item F) BACKGROUND INFORMATION: The Athlete Commission is requesting a $6,000 cash contribution to support local athletes. The athletes are also funded by the Vail Valley Foundation and Vail Resorts. STAFF RECOMMENDATION: Staff recommends funding this request at $6,000 (flat with 2009, 2010 and 2011) in support of our athletes and for the international exposure for the Town of Vail. Y. Foresight Ski Guides BACKGROUND INFORMATION: Foresight Ski Guides is requesting three parking passes for the Vail Village parking structure for January — April 2012 and November /December 2012. Foresight provides parking to volunteer guides, half of which drive from Denver. Local guides usually take public transportation and /or carpool. Foresight provides challenging recreation opportunities to visually impaired participants and guides, including the Colorado School for the Blind and soldiers blinded in Iraq and Afghanistan. STAFF RECOMMENDATION: Staff recommends providing two blue passes, restricted to the LionsHead parking structure, as was approved in 2010 and 2011. The budget cannot sustain an increased parking request. Z. SOS Outreach BACKGROUND INFORMATION: SOS Outreach is requesting 35 parking vouchers to be used by program coordinators hauling gear to and from the mountain for the winter skiing and snowboarding programs for underserved youth. 10/4/20 6 5 -1 -36 STAFF RECOMMENDATION: While this is a valuable program, the town's operating budget cannot sustain an increased parking request. AA. Vail Sports Commission (VSC) BACKGROUND INFORMATION: Vail Sports Commission is requesting $47,500 to help fund men's and women's hockey tournaments, golf tournaments, a Master's Nordic racing event, the recruitment of the NHL Officials Convention, recruitment of a NCAA hockey event and recruitment of NCAA Soccer High Altitude Training; $12,000 of the amount requested would be used for administrative expense, and $6,500 for direct marketing expenses. STAFF RECOMMENDATION: Staff recommends that the Sports Commission approach the CSE for the hockey, golf and Nordic events, and approach the Vail Local Marketing District (VLMD) Advisory Council to review the merit of funding the recruitment of NHL Officials Convention to determine if it fits within the group business segment. The VLMD also funds the recruitment of participatory sports through the Vail Valley Partnership. ARRANGEMENTS & AGREEMENTS AB. Vail Valley Community TV / Channel 5 BACKGROUND INFORMATION: Channel 5 is requesting a portion of the franchise fee the Town of Vail receives annually from Comcast. In 2011 this amount was budgeted at $70,000. Channel 5 is also requesting another $10,000 for capital improvements. STAFF RECOMMENDATION: Staff recommends funding the franchise fee at 30 %, estimated at $70,000. Staff recommends funding $4,000 of the $10,000 requested within the 2011 capital budget for the streaming video of Council meetings. REAL ESTATE TRANSFER TAX FUND AC. Betty Ford Alpine Gardens BACKGROUND INFORMATION: The Alpine Garden Foundation is requesting funding of $100,000 for general operating, education programs and conservation expenses. They are also requesting $20,000 to complete the repairs needed to the main water feature and two designated spaces in the Ford Park parking lot. The Garden hosts thousands of visitors per year and has achieved World - premier status as a high altitude garden. STAFF RECOMMENDATION: Staff recommends funding operating expenses at $55,620, flat with 2011 funding. The Gardens will be provided Ford Park spaces for summer as in prior years. It may be premature to allocate funds for capital improvements pending the outcome of the Conference Center ballot question, as the Gardens may benefit from a new entry should voters approve the use of funds. 10/4/20 5 -1 -37 AD. Eagle River Watershed BACKGROUND INFORMATION: The Eagle River Watershed is requesting $77,500 of funding. Of this request, $25,000 relates to the maintenance and monitoring of the Black Gore Creek, $20,000 for the Gore Creek Water Quality Improvement Plan, $15,500 for general operating support, $7,500 of public outreach /information, $7,500 for collaborative action monitoring with other local municipalities and $2,000 for Clean Up events. STAFF RECOMMENDATION: Staff recommends funding of $50,000, flat with 2011. This includes $10,000 (20 %) for general operations, $20,000 for the Water Quality Improvement Plan, and $20,000 for both sediment - source monitoring and bio- monitoring of the Gore / Black Gore Creek. AE. Eagle Valley Alliance for Sustainability BACKGROUND INFORMATION: The Alliance is requesting $10,000 to help fund and promote various environmental programs that benefit the Town of Vail, including the community garden in West Vail, recycling outreach and education, the annual E -Waste event and energy events /programs. STAFF RECOMMENDATION: Staff does not recommend funding this request because the town has an environmental sustainability budget which has supported the community garden, recycling outreach and education and energy programs. 10/4/20 ? 5 -1 -38 TOWN OF VAIL 2012 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND Increased cost Revisions / newly added project Reduced cost Actual Forecast Proposed 2010 2011 2012 2013 2014 2015 2016 Project Information Revenue Total Sales Tax Revenue: $ 17,676,115 $ 17,800,000 $ 17,800,000 $ 18,156,000 $ 18,520,000 $ 18,890,000 $ 19,268,000 2012 flat with 2011 amended; 2% per year thereafter Sales Tax Split between General Fund 56/44 61/39 61/39 61/39 61/39 61/39 61/39 & Capital Fund Sales Tax - Capital Projects Fund $ 7,712,020 $ 6,941,000 $ 6,941,000 $ 7,081,000 $ 7,223,000 $ 7,367,000 $ 7,514,000 Use Tax 1,103,119 500,000 515,000 530,400 546,000 562,400 579,000 No major projects assumed; 3% annual increase after 2011 Federal Grant Revenue 3,576,818 828,000 - - 1,024,800 _ _ 2011: $1.4M remain for Transit center;$828K for bridge reconstruction, 2014: 2 neighborhood bridges at Nugget Lane and Bridge Rd Other State Revenue 10,000 - - - - - Lease Revenue 183,170 184,500 188,160 192,660 192,660 192,660 192,660 Per Vail Commons commercial and residential leases Employee Housing Fee -In -Lieu 106,764 250,000 - - - - 2011 based on current collections $577K Wenk case settlement for capital repairs; $203K Holy Cross Community Project Reimbursement 1,507,522 850,000 - - - - - Enhancement Funds, $55K reimb from Vail homeowners and $15K from Vail Rec Distrait for underground utility projects Resale of Arosa duplex 816,541 - - - - - Resale of Arosa duplex constructed by the town Earnings on Investments and Other 88,465 - 67,500 83,350 71,300 69,300 85,000 2011 .5 %; thereafter 1% Total Revenue 15,099,419 9,563,500 7,711,660 7,887,410 9,057,760 8,191,360 8,370,660 Expenditures Maintain Town Assets Bus Shelters 1,046 27,900 30.000 30,000 30,000 30,000 30,000 Annual maintenance; New shelter at Simba Run 2011 - 2016 various repairs including deck topping replacement, expansion joint repairs, Parking Structures 246,985 504.000 640,000 810,000 870,550 865,000 960,000 ventilation, HVAC, plumbing and other structural repairs; Starting in 2010 there is an offset from VRA (see transfer near bottom of sheet); Starting in 2012 there are estimated energy savings of $50K per year from new lightn9, etc. 2011 $130K for energy audit work, $20K final bill on PW garage doors, $25K for contribution to Vail Village Inn loading and delivery improvements; 2012: $170K repairs to PW Shops, Facilities Capital Maintenance 231,246 625,000 965,000 650,000 700,000 885,000 450,000 $160K repairs to PW Admin and $90K repairs to Municipal building. $75K Main Vail Fire Stn electrical and other repairs; $75K snowmelt boiler system repairs; Some energy savings $25K per year for 2012 and 2013 Library Roof Replacement 390,615 102,840 - - _ - _ Added 5/4/10 due to deteriorating condition and inability to continue to fix; transferred $400K from 2014 facilities capital Main Vail Station Roof Replacement - - - - - - Station remodel included in 2013 and includes roof (Roof was budgeted at $250K) Need to gut plumbing; electrical wiring; roofing, etc.: asbestos and mold remediation; 4 units Creekside Housing Improvements 110,581 160,000 385,000 - - - were completed in 2010; plan to do 4 more in 2011: in 2012, complete remaining 4 units and - replace exterior siding, stairs and decks Donovan Park Pavilion - - 50,000 - 670,000 50,000 2012: $50K furniture replacement; 2014: $4004 to change ventilation & improve noise and $270K to replace heating /air system; 2016 $50K furniture replacement Vail Village Inn Condo Roof (TOV Portion) 17,000 17,000 - - - - - Capital assessment from owners' association for space owned by town Street Light Improvements 67,496 67,500 50,000 50,000 50,000 50,000 50,000 New street lights and to refurbish residential lighting On -going maintenance to roads and bridges including asphalt overlays, patching and repairs; 2012 - 2014 were previously updated for recent bid prices (savings of $925K); Assumes that Capital Street Maintenance 270,321 1,153,500 1,000,078 1.190,182 911,441 1,214,500 1,565,000 we do not see a dramatic increase from current prices and that reconstruction of neighborhood roads and bridges occurs (without reconstruction, maintenance costs will increase) Relating to flood repairs: Reconstruct a portion of Rockledge drainage improvements, Big Flood Incident repairs 992 468,048 - - - - - Horn Creek culvert repair /replacement at Columbine and Spruce Way, Booth Creek improvements to mitigate future flooding of culverts, tennis courts and playgrounds. Fire Truck Replacement - - 590,000 620,900 _ _ 2012 replace pumper truck from 1994; 2014 replace pumper truck from 1999 (15 -year replacement schedule) Council Chambers Audio Visual 30,000 - - - _ _ Council mixer board and cameras(4) for recording meetings; Sharing cost with Avon 50/50 for equipment; Plans to install September 10/4/2011 -29 5-1-39 TOWN OF VAIL 2012 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND Increased cost Revisions / newly added project Reduced cost Actual Forecast Proposed 2010 2011 2012 2013 2014 2015 2016 Project Information $12K per year for replacement of cameras and recorders (49 cameras and 3 recorders Town -wide camera system 1,883 11,996 12,000 12,000 12,000 15,000 15,000 around town so far; will be adding for Transit and Welcome Centers); Recorders cost $7 -8K each; cameras range tram $800 - $3800 each Document Imaging 115,956 130,636 30,000 30,000 30,000 30,000 30, Annual maintenance, licensing and contract position thru 2011; later years annual software licensing and replacement schedule for scanners and servers Software Licensing 18,323 33,640 40,000 40,000 40,000 40,000 40,000 Upgrade Microsoft products on all equipment; renew licenses in future; Costs have increased from vendors Hardware Purchases 95,158 65,000 48,000 48,000 50,000 50,000 50,000 Scheduled rotation of PCs, printers and servers Data Center (Computer Rooms) 7,117 15,000 15,000 15,000 15,000 15,000 15,000 Based on annual replacement schedule of security and power systems for 3 computer rooms Website and e- commerce - 39,000 29,000 31,000 12,000 12,000 12,000 Internet security & application interfaces; website redevelopment (2011 -2013) Comm Dev ArcGIS System 3,472 16,000 - - - - - Web access to town GIS information (similar to County's website GIS product) Fiber Optics In Buildings 24,375 17,000 23,000 18,000 21,000 15,000 15,000 Cabling / Network Infrastructure; to repair, maintain & upgrade Network upgrades 34,693 21,000 35,000 60,000 40,000 30,000 30,000 Computer network systems - replacement cycle every 3 -5 years; 2013 replacement of switches and routers Phone System Infrastructure - - 35,000 - _ - Replace infrastructure for 15 -year old phone system; Full cost to replace the phone system - currently an unfunded list until Municipal site redevelopment decision Business Systems Replacement - 225,000 175,000 175,000 _ - 2011 replacement of Permit Plus software; 2012/13 Replace 15 -year old financial system; Both projects will be reviewed by an internal IT steering committee Annual capital maintenance of "County -wide "Computer Aided Dispatch /Records Mgmt Public Safety System 69.204 57,000 59,000 61,000 50.000 50.000 50,000 System" ; includes patrol car and fire truck laptops and software used to push information to TOV and other agencies; TOV portion of Intergraph software maintenance Radio Tower (R56) 30,000 - - - - - Town's portion of wireless communication equipment upgrade Virtual Briefing System 10,000 - - - - - Police Virtual Briefing equipment (grant funded) Intergraph upgrade (Public Safety) - 80,000 - - - - TOV portion of upgrade to computer -aided dispatch system Police in -car cameras; replacement - - - Upgrade mobile vision cameras in cars purchased 6 years ago Police Breathalizer replacement -, _ State mandated replacement of 13 -yr old equipment; may eventually be offset with grant revenue Police Rifle Replacement - - - - Replacement of 21 -year old rifles (17 units) Live Scan Interface 14,250 14,250 - - - - Funded by grant above; Links our Live Scan software to other agencies Total Maintenance 1,720,713 3,921,310 4,242,328 3,261,182 4,122,341 3,301,500 3,362,000 Enhancement of Town Assets CDOT Required parking 630,000 216,000 534,000 2012: LionsHead ($480K VRA funded) and guardrail in West Vail on N. Ftg Rd; 2013: Cascade; 2014: Safeway and Vail Village Vail Village Info Booth 1,100,000 Remodel, including addition of restrooms and some guest enhancement Vail Village Info Booth Turn lane 250,000 Pull off lane in front of Vail Village info booth Guest Services Enhancements /Wayfinding 1,100,000 1,100,000 1,000,000 Guest information improvements town -wide, including pedestrian signage, parking structures, banners at VV and LH , etc. East Vail Fire Station 775,000 Renovation of station Main Vail Fire Station iiiik000 Incl. public restrooms, TOV office space and roof (roof was already budgeted at $250K) Energy Enhancements 3,122,715 - - - - - Implementation of energy audit enhancements (incl. reimb from VRA. RETT. and GE) New Fire Truck 316,583 253,917 - - - - - New fire truca for additional station _ , re Equipment 32,000 - $12K Thermal image camera for new truck; $20K set of equipment for ladder truck • Village Streetscape 594,961 172,429 - 500,000 - - - 2011: Newspaper boxes (approx. $76K) and signage of $21,000 with remainder for Guest Service Enhancement project: 2013: $500K for East Meadow Drive repairs Overhaul residential streets:2011 Vail Valley Drive reconstruction and 2012 -2015 East Vail Neighborhood Road Reconstruction 195,055 2,038,701 - 625,000 4,125,000 4,300,000 4,250,000 roads; Increase of $425K in 2013 for shared project with ERWSD on Rockledge Rd 2013 also includes $200K for planning / design of roadwork in 2014 -2016 Matterhorn Bridge reconstruction moved to 2011 due to CDOT fiscal year and requirements; Neighborhood Bridge Reconstruction 4,118 1,195,882 - 600,000 1,700,000 - - Partial funding from federal grant; Nugget Lane and Bridge Rd bridges design in 2013 and construction in 2014 to coincide with federal grants 10/4/2011 -30 5-1-40 TOWN OF VAIL 2012 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND Increased cost Revisions / newly added project Reduced cost Actual Forecast Proposed 2010 2011 2012 2013 2014 2015 2016 Project Information Replace parking system in both structures (LH parking structure system had been scheduled Parking Entry System / Equipment , 75,123 - 600,000 - - - for replacement in 2006):, Better financial reporting and potential to interface with variable • message signs and other parking systems across town Radio Equipment replacement (pub. works, 48,000 693,000 - - Replacement of 2008 radios for PW, Fire, PD pub. safety) - Hybrid Bus Battery Replacement - 55,000 - 385,000 - - Scheduled replacement: 1 in 2012; 7 in 2014; Estimated life of 6 years Replace Buses - 3,486,614 - - - - - 2011: 6 regular buses and 2 Hybrid buses Timber Ridge Legal /Zoning 65,243 50,000 - - - - - Consultants, legal, etc. related to potential redevlopment project Manor Vail Street Plan - 83,800 - - _ _ _ Expenditure related to impact fee paid by Manor Vail development; Keep funds in bugdet due to developer agreement Total Enhancements 1,353,811 10,404,058 3,215,000 5,393,000 8,437,000 4,300,000 5,025,000 New Assets Chamonix Site Infrastructure - Housing 1,400,000 Could be phased (1st phase approx. $880K); infrastructure costs only LionsHead Transit Center (VRA) 4,410,909 1,389,091 - _ _ _ _ Continuation of the project; $5.0 million from Federal grant:, remainder funded by Vail Reinvestment Authority (see Transfers below) Welcome Center (VRA) 358,294 7,346,506 _ Continuation of the project; 2011 and 2012 increased for guest services enhancements;Funded by the Vail Reinvestment Authority (see Transfers below) East LionsHead Portal (VRA) - 200,000 2,075,000 - _ _ _ Design work approved by Council Feb 1st; Originally budgeted entire project in 2012, Funded by the Vail Reinvestment Authority (East LH Circle) West LionsHead Portal (VRA) - 75.000 750,000 - _ _ _ Design work approved by Council Feb 1st; Originally budgeted entire project in 2012; Funded by the Vail Reinvestment Authority (Concert Hall Plaza) Funded by the Vail Reinvestment Authority (see Transfers below):, Contractor's estimates to Library Remodel (VRA) - 100,000 1,600,000 - _ - combine both phases significantly reduced expenses: This project would add additional community space on main level, with offices and community room on basement level: includes elevator as required by code Road improvements at Timber Ridge 1,300,000 '' Road improvements of $1M, bus shelter $200K and parking replacement $100K Rockfall mitigation at Timber Ridge 100;000 Pending redevlopment LionsHead Parking Structure Entry (VRA) 1,200,000 Improve entry area into LH parking structure Frontage Road improvements 3,000,000 From LH Parking structure to Municipal building to coincide with new parking entry Fountain needs to be removed or significant repairs /replacement; Stairways; Adjoining park Sundial Plaza fountain & surround (VRA) 850,000 could be improved rather than try to find a location fora new LH park. A "new" LH park was on Unfunded list for $800K; $285K of this amount would be to improve the connection of walkways up toward First Chair Demolition of current LH Info Booth (VRA) 150,000 $75K for Demolition of building. plus $75K to build cover and stairway for basement East LH Circle pathway to Dobson (VRA) 890,000 Improve connection from the E LionsHead bus stop to Dobson Dobson Plaza (VRA) 1,075,000 Redevelop the center plaza of Dobson for better flow of bus traffic. people traffic (concerts) West Vail Fire Station 3,296,382 2,003,618 - - - - Construction of West Vail Fire Station Buy -down Program - 552,118 - - - - - Carry forward program funding Buy -down Program Funded by Pay -in -Lieu - 217,803 - - _ _ Carry forward current balance of program funding: Housing funded directly by Pay -in -Lieu fees collected from developers Variable Message Signs 23,381 100,000 100.000 _ _ 2011: Solaris; 2012: Four Seasons /Middle Creek; 2013: removed replacement of Iwo ramp signs at Main Vail ($2004); wait until Wayfinding /Guest Services project outcome 1 -70 Noise 5,040 378,140 - - - - - Utility relocation for Bald Mountain berm extension Two projects: East Vail on Bighorn Rd and Golf Course to Ford Park; Reimbursements from Underground Utility improvements 273,000 - _ _ _ _ homeowners totaling $55,000 ($5K from East Vail and $50K from residents near golf course), Vail Rec District ($15K) and Holy Cross directly funding $43,000 for East Vail project Chamonix Area Planning 38,944 92,600 - _ _ _ _ $80K for water /utility infrastructure done during construction of W Vail Fire Station; $12.6K final amount due to Martin & Martin Total New Assets: 8,432,864 12,727,876 5,829,700 2,800,000 4,200,000 - 1,965,000 Total Capital before Financing 11,507,388 27,053,244 13,287,028 11,454,182 16,759,341 7,601,500 10,352,000 10/4/2011 - 31- 5-1-41 TOWN OF VAIL 2012 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND Increased cost Revisions / newly added project Reduced cost Actual Forecast Proposed 2010 2011 2012 2013 2014 2015 2016 Project Information Debt Service and Financing Debt Service on Outstanding Bonds 2,273,957 2,279,572 2,088,346 - - - - Annual debt service; Bonds will be paid off by 2013 Timber Ridge Debt Service Guarantee - 925,000 - - - - - Annual debt service guarantee - requirement of TR debt Total Debt Service and Financing: 2,273,957 3,204,572 2,088,346 - - - - Total Expenditures 13,781,345 30,257,816 15,375,374 11,454,182 16,759,341 7,601,500 10,352,000 Other Financing Sources (Uses) 2011: Implementation of energy audit enhancements ($953.5K) Additional work approved for Transit /Welcome Center ($300K); Welcome Center construction ($6.8M), Surface Parking $900K, Library renovation $475K and LH Pkg mtc $315K; 2012: LH Portal improvements $2.8M, Sundial plaza $850K, $1.6 Library remodel, CDOT- Required parking $480K in Transfer from Vail Reinvestment Authority 1,070.365 9,290,457 7,074,700 1,510,000 3,340,000 350.000 2,315,000 LH, Demo of LH Info booth $150K, LH Pkg mtc $365K, LH Welcome Center $304.7K, Guest Svcs $500K; 2013: Guest Svcs $500K, $400K Simba Run Underpass feasibility study, Parking entry system $300K, LH Pkg mtc$310K; 2014: LH Parking structure entry $1M, Ftg Rd improvements $2M, LH Pkg mtc $340K; 2015: mtc $350K; 2016: East LH Circle pathway to Dobson $890K, Dobson Plaza $1.1M, LH Pkg mtc $350K Transfer from General Fund 3,742,673 1,845,800 - - - - - Transfer from GF for implementation of energy audit enhancements Transfer from RETT 32,964 - - - - - Transfer from RETT for implementation of energy audit enhancements Revenue Over (Under) Expenditures 6,131,112 (9,525,095) (589,014) (2,056,772) (4,361,581) 939,860 333,660 Beginning Fund Balance 11,233,206 17,364,318 7,839,223 7,250,209 5,193,437 831,856 1,771,716 Ending Fund Balance 17,364,318 7,839,223 7,250,209 5,193,437 831,856 1,771,716 2,105,376 'Promissory note due from Childrens' Garden of Leaning included in ending fund 10,000 5,000 balance - not spendable 10/4/2011 -32- 5-1-42 TOWN OF VAIL 2012 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX Increased cost Revisions / newly added project Actual Forecast Reduced cost 2010 2011 2012 2013 2014 2015 2016 Revenue Real Estate Transfer Tax $ 6,950,701 $ 4,670,000 $ 3,835,000 $ 3,709,500 $ 3,709,500 $ 3,709,500 $ 3,709,500 Base sales 20% less than 2010 Annual Gott Course Lease 126,768 124,400 126,888 129,426 132,014 134,655 137,348 leaayme f& 2 % Enhancement se p nt Account" rom (accompanying Vail Recrea expendit District ure listed annual below) increase - deposited to "Recreation Intergovenmental Revenue 33,427 787,000 20,000 20,000 20,000 20,000 20,000 2011: $161K GOCO grant for Red Sandstone playground; $20K Lottery proceeds; 2012 -2015 Lottery proceeds Project Reimbursements 72,902 457,950 15,000 15,000 - $400K Insurance reimb for Aspen Ct Bridge and Seibert fountain railing damage ($2,950); $15K per year for W interfest contribution starting in 2011 Recreation Amenity Fees 39,181 10,000 10,000 10,000 10,000 10,000 10,000 Earnings on Investments and Other 123,383 15,879 68,000 84,600 80,000 92,000 93,000 2011:.5 %; thereafter 1 Total Revenue 8,387,462 5,459,229 4,074,888 3,968,526 3,951,514 3,966,155 3,969,848 Expenditures Maintain Town Assets Annual Park and Landscape Maintenance 1,198,869 1,317,340 1,350,140 1,390,372 1,431,810 1,474,491 1,518,453 Ongoing path, park and open space maintenance, project mgmt Management Fee to General Fund (5 %) 347,534 233,500 191,750 I 185,475 185,475 185,475 185,475 5% of RETT Collections - fee remitted to the General Fund for administration Rec. Path Capital Maint 119,241 141,177 93,395 129,315 91,339 81,426 87573 Capital maintenance of the town's recreation path system: 2012 includes $50K to replace deer screen at Dowd Junction and $15K for pedestrian bridge inspections Tree Maintenance 57,331 85,000 65,000 65,000 65,000 65,000 65,000 Regular maintenance for tree health within the town (spraying, removing, new trees); scale spraying on town -owned property at approx. $120 per tree; Initiating tree - planting program for lost trees Forest Health Management 206,183 145,000 195,000 195,000 195,000 195,000 1 9 5 ,000 gonj w /f 2012 Pine and beetle beyo ation requ est to put unction crew b orest ack to 6 service; 2011 reduced seasonal positions from 6 to 4; Street Furniture Replacement 22,472 22,500 25,000 I 25,000 I 25,000 25,000 25,000 Annual replacement or capital repairs, includes bike racks 2012 includes paving paths to Stephens Park ($22K), ADA compliance for play structure at Stephens Park / Playground Capital Maintenance 94,609 114,841 85,000 86,000 82,000 86,000 70,000 Park, Re- landscape main entry (east) at Donovan Park ($20K) and resurface Donovan basketball court ($10K) Bald Mountain Ftg Rd / Underpass Project 5,100 394,900 - - _ - Reconstruction of retaining wall that supports bike path through the underpass and widening for future bike path shoulders. "' Savings from combining project with Frontage Rd Bike Lanes work Glen Lyon Bridge - - - - 150,000 - Re- decking of recreation path bridge; too large a project to include in annual rec path captial maintenance Requesting $100K in Council contributions for 2012; Used staff recommended $65K for now, with 3% Alpine Garden Support 55,620 65,620 55,620 57,289 59,007 60,777 62,601 annual increase 2011 additional $15,600 for the Eagle River Watershed Council for additional water quality monitoring; Black Gore Creek / Eagle River Watershed 55,477 65,600 50,000 50,000 50,000 50,000 50,000 2012 requested $77.5K Council contributions - used staff recommended $50K for now (same amount initially granted in 2011) Public Art - Operating 94,072 89,371 92,657 95,437 98,300 101,249 104,286 AIPP salary and operating expenses Environmental Sustainability 253,434 319,350 250,000 250,000 250,000 250,000 250,000 Environmental Sustainability programs; 2011 includes an additional $20K for regional water quality improvement plan and $8.8K for Governor's Energy Office rebates Total Maintenance 2,509,942 2,994,199 2,453,562 2,528,887 2,532,931 2,724,418 2,613,388 Enhancement of Town Assets Stephen's Park Stream Repairs 63,241 2,759 - Rebuilding of streamside area due to erosion: partially funded by federal grant Skate Park - replacement Mil Replace existing temporary skate park structure (cost of $260K if permanent not elected) Flood Incident repairs 269,167 400,000 1,050,000 - - - - 2011: Replacement of Aspen Court Bridge (reimbursed by insurance): 2012 repairs to culverts, drainage, etc Streambank /tract mitigation 200,000 2012 planning: 2013 implementation " "estimate only "' Bike Lanes: N. Ftg Rd ' ,100,000 Bike lane shoulder from Red Sandstone school to Buftehr Creek Bike Lanes: 5. Ft Rd 1 ,600,000 Bike lane shoulder from Cascade to West Vail round about 10/4/2011 - 33 - 5-1-43 TOWN OF VAIL 2012 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX Increased cost Revisions / newly added project Actual Forecast Reduced cost 2010 2011 2012 2013 2014 2015 2016 Skate Park - permanent. 1,000,000 Potential sites include Booth Creek park or Chalet Rd tennis court area (Otherwise, replacement of the temporary structure would need to be done by 2013 at estimated cost of $260K) Trailhead Development / Improvement - 24,000 50,000 - - - - Improve trailheads; Continued need through 2012 (one trail per year) ADA Compliance w/ VRD 533 10,000 10,000 10,000 10,000 10,000 10,000 Shared costs with VRD - ADA access at recreational facilities;new ADA regulations go into effect 2011; Need to replace drinking fountains at all parks ($2K each) 4 miles of bike lanes (6 foot shoulders) to be added prior to CDOT overlay project; first priority is Blue Frontage Road Bike Lanes/Trails 29,610 2,364,658 1,150,000 - - - - Cow Chute to East Vail; path from Vail Mtn School to E. Vail exit; 2009 for design ($50K) and survey work ($l00K); construction was budgeted in 2010; now pushed to 2011 and 2012. Ford Park Master Plan 145,093 2,332,924 - - - - - Implementing a portion of master plan, which may include Ford Park parking options Ford Park Improvements - 200,000 - - - - - Ford Park pathwork, reslrooms and other improvements Raw Water / Irrigation Control - 366,493 - - - - - Water supply infrastructure; ERWSD working on bringing system up to consistent operation Kayak Take -out - 10,000 - - _ _ Kayak take -out area along stream (part of One Willow Bodge development agreement and must be accounted for separately); Can we apply to AIPP programs? Stream Tract Encroachment Survey - 14,081 - - - - - Survey along Gore Creek Red Sandstone Playground GOCO Grant - 161,000 - - - - - Pass through GOCO grant proceeds to school district for Red Sandstone playground Reconstruction of playground per safety plan; 20 years old; in -house design currently underway and Red Sandstone Park - Per Safety plan - 464,000 - - - - - staff working on a plan to deal with parking and ADA requirements. Recent acquis0on of parking parcel - staff will present park options at future meeting Ford Park Safety Improvements - - - - 304,000 - Ford Park playground completed in 2000; pushed improvements to 2015 Booth Creek Playground 15,000 - 385,250 - - - Previously in 2012; deferred to 2013 Booth Creek Park redevelopment 50,000 - - - 1,340,000 Previously in 2012; deferred to 2016 Donovan Park - - - - 304,000 - 2015 safety improvements to playground / park Ford Park Soccer Field Parking Lot - - - - 400,000 - Porous pavement for reconstruction of this lot; Delayed from 2010 to 2015 b/c overlay done in 2009 Public Art - General program /art 24,040 285,997 80,000 80,000 80,000 85,000 85,000 To purchase sculptures, artwork, art programs and events; remainder is re- appropriated each year to accumulate enough funds Public Art - Morales relocation 44,036 215,692 - - - - - Relocation of the Morales artwork Public Art- Winterfest 38,394 51,600 - - - - - Annual Winterfest event; approximate cost of $25K per year; rely on donations Guest Enhancements 100,000 - - - - - Planning and design for signage in parks /rec paths only; implementation plan still on unfunded list Landscape Medians 3,256 40,000 - - - - Frontage road medians alongside redevelopment projects;$40K in 2011 to modify landscaping in front of the Sebastian to reduce water usage and ongoing maintenance Open Space Land Acquisition 350,261 290,000 - - - - - Purchase of land above Timber Ridge development Total Enhancements 989,789 7,398,204 2,540,000 1,975,250 90,000 1,103,000 6,135,000 VRD- Managed Facility Projects Recreation Enhancement Account - 377,900 126,888 129,426 132,014 134,655 137,348 Reserve account for golf course improvements - funded by annual lease revenue: May be used toward major redevelopment of golf clubhouse pending results of Conference Center Fund ballot question May be used toward major redevelopment of golf clubhouse pending results of Conference Center Golf Clubhouse 23,349 1,265,966 - 18,499 823 7,536 - Fund ballot question; Otherwise to be used for clubhouse roof replacement,HVAC, boilers, stucco and trim work, and parking lot asphalt; 2011: Improvements to golf course: 7th tee box retaining wall, 11th and 17th hole Golf Course -Other 200,799 400,623 18,468 4,489 108,967 4,276 97,498 bridges;improvements to maintenance building including stucco, wood trim and soffits; 2014 asphalt driving and parking area; 2016 1110 hole pump house mechanical, maintenance bldg structure, doors, hot water tank and overhead radian heat system 10/4/2011 - 34 - 5-1-44 TOWN OF VAIL 2012 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX Increased cost Revisions / newly added project Actual Forecast Reduced cost 2010 2011 2012 2013 2014 2015 2016 2011:$50K to replace or repair almost all doors, $10,000 for electrical panel upgrade, $120K for louver Dobson Ice Arena 58,843 359,316 73,495 3,480 14,475 105,721 13,166 system upgrade, $25K for refurbishment of wood exterior, $26,157 for landscape plan; 2012: renovate changing rooms and restrooms; 2015: interior lighting improvements (other than major overhead lights) Ford Park / Tennis Center Improvements 84,656 433,753 428,910 2,768 12,270 69,006 9,785 2011 to refurbish Ford Park tennis courts; 2012 outbuilding improvements at ball fields: 2015 tennis clubhouse rooting Athletic Fields - - - 2,848 15,604 3,764 18,254 2014 and 2016: asphalt overlay of parking lot Youth Services - 25,000 - - - - - FF &E for new Youth Services facility within the new Welcome Center location Gymnastics Center - 25,000 1,978 - - - - Cooling system Nature Center 4,471 5,529 10,646 - - 8,971 63,330 2012 wood open rail fencing; 2015 wood siding and trim; 2016 window, exterior doors, roof Total VRD- Managed Facility Projects 395,523 2,893,087 660,384 161,508 284,153 333,930 339,380 New Assets Public Restrooms - 670,000 - - - - - Will be updated at next supplemental to only include Ford Park restrooms Total New Assets: - 670,000 - - - - Total Expenditures 3,895,254 13,955,490 5,653,946 4,665,646 2,907,084 4,161,348 9,087,768 Other Financing Sources (Uses) Transfer to Capital Project Fund 32,964 - - - - - Transfer to CPF for implementation of energy audit enhancements Revenue Over (Under) Expenditures 4,492,208 (8,463,297) (1,579,058) (697,120) 1,044,431 (195,193) (5,117,921) Beginning Fund Balance 13,188,947 17,681,156 9,217,859 7,638,801 6,941,681 7,986,112 7,790,918 Ending Fund Balance $ 17,681,155 $ 9,217,859 $ 7,638,801 $ 6,941,681 $ 7,986,112 $ 7,790,918 $ 2,672,998 10/4/2011 - 35 - 5-1-45 Note: Costs are preliminary estimates Eligible for funding from Capital Projects VRA RETT Fund Priority I Parking Expansion - LionsHead $18.1M - $36.2M Phone System Replacement 100,000 Will need to be done if a municipal redevelopment does not happen Subtotal: Priority I: 27,000,000 - 100,000 Note: Used average cost for items with price ranges Priority 11 Main Vail Round -about Major Reconstruction 3,600,000 West Vail Round -about Major Reconstruction 1,000,000 Road redevelopment per master plan 3,400,000 S. Frontage Rd - LionsHead (Muni building to LH Parking structure) Road redevelopment per master plan 5,000,000 S. Frontage Rd - LionsHead (LH Parking structure to VA shops) Road redevelopment per master plan 8,400,000 S. Frontage Rd Road redevelopment per master plan 13,400,000 N. Frontage Rd Replace air handling system and improve air flow; paint, replace carpet. replace ceilings, etc. which may be damaged in Muni Bldg HVAC replace & minor renovations 2,400,000 construction; move people temporarily;" "Per Council 4/19/11, future consideration to potential redevelopment /partnership with VVMC Subtotal: Priority II: 8,400,000 - 28,800,000 Priority III Simba Run Underpass 19,500,000 Town Shop Improvements 9,225,000 Municipal Building - complete remodel $ TBD If redevelopment does not occur Subtotal: Priority III: 19,500,000 - 9,225,000 Newly- identified unfunded projects: CDOT Parking Requirement - North Frontage Road (West of W Rdabt) 1,817,000 Both sides of the road (30+ days); Staff does not recommend funding at this time; Could pursue discussion with COOT regarding ownership Streetscape repair: East Meadow Drive 500,000 Have made repairs to extend life; This is placeholder for potential future project relating to settlement Municipal Bldg / VVMC project 14,000,000 Estimate only Bike Lanes (shoulder only) 1,624,000 5 Frontage Rd - LH Parking structtre to municipal building Bike Lanes (shoulder only) 650,000 Westwind to LH parking structure Bike Lanes (shoulder only) 495,000 VA Shop to Westwind Bike Lanes (shoulder only) 450,000 Cascade to VA Shop Conference Center "shortfall' 800,000 400,000 $400K Amphitheater protect. $500K Golf Clubhouse and $300K Ford Park Sports Complex: all based on estimates School moved its playground area, leaving a void and flat area large enough for a full basketball court. This cost estimate Basketball court near Red Sandstone 240,000 includes the continuation of a path up to the court and surrounding landscape. etc. There is already $65K and $37K budgeted in 2011 Rec Path Capital Mtce for the lower recreation path area near Red Sandstone. Operating costs would be similar to court at Donovan: approx $10K every 10 years to resurface the court Subtotal: Newly Identified: 1,145,000 3,114,000 16,717,000 Funding Resource Options: Projected Fund Balance (over next five years): 1,456,585 2,672,998 2,105,376 Funding Available from Vail Resorts for Additional Parking 4,300,000 Federal Funding $ TBD 10/4/2011 36 5 -1 -46 TOWN OF VAIL 2012 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE VAIL MARKETING FUND 2010 2011 2011 2012 Actual Budget Amended Proposed Comments Revenue Business Licenses $ 314,452 $ 317,000 $ 332,000 $ 332,000 Earnings on Investments 1,083 - - 3,000 Total Revenue 315,535 317,000 332,000 335,000 Expenditures Commission on Special Events / Grants 268,000 300,000 300,000 300,000 Collection Fee - General Fund 15,723 16,100 17,100 17,100 Fee paid to General Fund Total Expenditures 283,723 316,100 317,100 317,100 Revenue Over (Under) Expenditures 31,812 900 14,900 17,900 Beginning Fund Balance 106,359 127,759 106,359 121,259 Ending Fund Balance $ 138,171 $ 128,659 $ 121,259 $ 139,159 10/4/2011 -37- 5-1-47 TOWN OF VAIL 2012 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE DEBT SERVICE FUND 2010 2011 2012 Actual Forecast Proposed Comments Revenue Transfer from Capital Projects Fund $ 2,273,957 $ 2,279,572 $ 2,088,346 Earnings on Investments and Other 4,728 5,000 - Total Revenue 2,278,685 2,284,572 2,088,346 Expenditures Principal 2,035,000 2,115,000 2,195,000 Final year of debt service payments Interest Expense 238,331 165,681 82,275 Fiscal Agent Fees 500 4,000 4,000 Refunding Bonds Issuance Costs Total Expenditures 2,273,831 2,284,681 2,281,275 Revenue Over (Under) Expenditures 4,854 (109) (192,929) Other Financing Sources (Uses) Proceeds of Refunding Bonds - - - Payments to Refunded Bonds Escrow - - - Total Other Financing Sources (Uses) - - - Beginning Fund Balance 189,428 194,282 194,173 Ending Fund Balance $ 194,282 $ 194,173 $ 1,244 10/4/201 - 5 -1 -48 TOWN OF VAIL 2012 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HEAVY EQUIPMENT FUND 2010 2011 2011 2012 Actual Budget Amended Proposed Comments Revenue Town of Vail Interagency Charge $ 2,789,389 $ 2,694,081 $ 2,694,081 $ 2,892,362 Based on fuel increase Insurance Reimbursements & Other 46,372 - - Earnings on Investments 10,159 10,324 10,324 10,324 Equipment Sales and Trade -ins 121,734 203,550 203,550 65,500 Relates to replacement schedule Total Revenue 2,967,654 2,907,955 2,907,955 2,968,186 Expenditures Salaries & Benefits 941,579 960,739 960,739 996,016 Operating, Maintenance & Contracts 1,175,656 1,225,190 1,225,190 1,412,095 Based on fuel increase and parts pricing Capital Outlay 941,615 1,007,872 1,148,288 389,144 Based on replacement schedule Total Expenditures 3,058,850 3,193,801 3,334,217 2,797,255 Revenue Over (Under) Expenditures (91,196) (285,846) (426,262) 170,931 Beginning Fund Balance 2,343,601 2,064,852 2,252,405 1,826,143 Ending Fund Balance $ 2,252,405 $ 1,779,006 $ 1,826,143 $ 1,997,074 10/4/2011 -39- 5-1-49 TOWN OF VAIL 2012 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE DISPATCH SERVICES FUND 2011 2010 Original 2011 2012 Actual Budget Amended Proposed Comments Revenue E911 Board Revenue $ 750,440 743,656 743,656 742,256 Interagency Charges 1,158,151 1,214,925 1,214,925 1,177,061 Town of Vail Interagency Charge 520,411 537,827 537,827 575,706 7% increase to TOV based on call volume Earnings on Investments 6,735 7,500 7,500 7,500 Federal Grant - - Other 15,741 - - Total Revenue 2,451,478 2,503,908 2,503,908 2,502,523 Expenditures Salaries & Benefits 1,702,928 1,849,958 1,849,958 1,881,204 Operating, Maintenance & Contracts 463,094 519,006 519,006 514,001 Capital Outlay 43,571 800,000 870,000 50,000 2011: voice logger system Total Expenditures 2,209,593 3,168,964 3,238,964 2,445,205 Revenue Over (Under) Expenditures 241,885 (665,056) (735,056) 57,318 Beginning Fund Balance 1,290,681 1,245,538 1,532,566 1,819,594 Ending Fund Balance $ 1,532,566 $ 580,482 $ 797,510 $ 1,876,912 10/4/2011 -40- 5-1-50 TOWN OF VAIL 2012 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE CONFERENCE CENTER FUND 2010 2011 2012 Actual Budget Proposed Comments Revenue Earnings on Investments 40,350 46,800 46,800 Total Revenue 40,350 46,800 46,800 Expenditures - General Government Marketing Expense Management Fee - - - General Supplies and meetings - - - Capital Outlay - - - May change based on outcome Debt Service - - - of ballot question Total Expenditures - - - Revenue Over (Under) Expenditures 40,350 46,800 46,800 Beginning Fund Balance 9,324,654 9,365,004 9,411,804 Ending Fund Balance $ 9,365,004 $ 9,411,804 $ 9,458,604 10/4/2014 5 -1 -51 TOWN OF VAIL 2012 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HEALTH INSURANCE FUND 2010 2011 2012 Actual Forecast Proposed Comments Revenue Town of Vail Interagency Charge - Premiums $ 2,540,066 $ 2,565,000 $ 2,725,000 6% increase to departments Employee Contributions 353,022 410,000 435,000 6% increase to employees Insurer Proceeds 680,429 270,000 500,000 Reimbursement for individual claims over $75, 000 Earnings on Investments 5,934 10,000 10,000 Total Revenue 3,579,451 3,255,000 3,670,000 Expenditures Health Inusrance Premiums 367,094 360,000 430,000 Increase due to stop loss policy change Claims Paid 3,278,644 2,990,000 3,330,000 Conservative estimate of activity Short -term Disability Pay 35,758 35,000 25,000 Professional Fees 20,000 20,000 20,000 Total Expenditures 3,701,496 3,405,000 3,805,000 Revenue Over (Under) Expenditures (122,045) (150,000) (135,000) Beginning Fund Balance 1,121,164 999,119 849,119 Ending Fund Balance $ 999,119 $ 849,119 $ 714,119 10/4/2014 - 5 -1 -52 ORDINANCE NO. 21 SERIES OF 2011 ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1, 2012 THROUGH DECEMBER 31, 2012 WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado, the Town Manager prepared and submitted to the Town Council a proposed long -range capital program for the Town and a proposed budget and financial plan for all Town funds and activities for the fiscal year; and WHEREAS, it is necessary for the Town Council to adopt a budget and financial plan for the 2012 fiscal year, to make appropriations for the amounts specified in the budget; and NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado, for the enactment hereof, have been fulfilled. 2. Pursuant to Article IX of the Charter, the Town Council hereby makes the following annual appropriations for the Town of Vail, Colorado, for its fiscal year beginning on the first day of January, 2012, and ending on the 31 day of December, 2012: FUND AMOUNT General Fund 30,088,465 Capital Projects Fund 15,375,374 Real Estate Transfer Tax Fund 5,653,946 Vail Marketing Fund 317,100 Debt Service Fund 2,281,275 Heavy Equipment Fund 2,797,255 Health Insurance Fund 3,805,000 Dispatch Services Fund 2,445,205 Total 62,763,620 Less Interfund Transfers (8,576,542) Net Expenditure Budget 54,187,078 Ordinance No. 21, Series of 2011 10/4/2011 5 -1 -53 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2012 fiscal year for the Town of Vail, Colorado, which are incorporated by reference herein and made part hereof, and copies of said public records shall be made available to the public in the Municipal Building of the Town. This Ordinance shall take effect five (5) days after publication following the final passage hereof. 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 5. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 6. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 7. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 4th day of October, 2011. A public hearing shall be held hereon on the 18th day of October, 2011, at 6:00 pm at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 21, Series of 2011 10/4/2011 5 -1 -54 S. VAIL VALLEY MUSIC FESTIVAL N To September 26, 201 1 JOHN W. GIOVANDO Executive Director Ms. Pam Brandmeyer ANNE -MARIE McDERMOTT Town of Vail Artistic Director 75 South Frontage Road Vail, Colorado 81657 JACQUELINE TAYLOR Artistic Administrator Dear Pam, BOARD OF TRUSTEES Alan Kosloff Thank you again for your support of the 2011 Season of the Bravo! Vail Valley Music Chairman Festival. The Town of Vail's contribution is vital to the ongoing success of the Bravo Festival, Argie Tang and the 24 season was extraordinary. New Artistic Director Anne -Marie McDermott provided Vice Chair exciting new direction exploring themes of Beethoven and Mahler and brought talented new Dan Godec performers to the Vail Valley. Treasurer Jeanne Gustafson Secretory The Bravo Festival provided an important boost to the summer economy, with an economic impact of over $15.1 million. Enclosed please find a preliminary report prepared by Ron Baker BBC Research & Consulting of Denver, Colorado, which will be presented to the Committee Jan Braman on Special Events on October 5. Your investment in excellence ensures the Festival is able to Bill Burns maintain the highest level of artistic excellence thereby enriching the lives of residents and Jan Coulson Tim Dalton visitors alike. Cookie Flaum Ceil Folz Thank you again for all you have done to support the growth and success of the Bravo! John Galvin Vail Valley Music Festival. We look forward to a spectacular 25 Anniversary season in Linda Hart 2012! Chris Jarnot Honey Kurtz Marion Laughlin With best regards, Rob LeVine Dick Liebhaber 9 v).1/ ` Laura Marx Tony Mayer John W. Giovando Jean le Reid White Shirley McIntyre Executive Director Dir:ctor of Development Russell Molina • Matt Morgan Susan Rogel { Margaret Rogers Enclosures Byron Rose Terie Roubos Carole Segal Rob Shay Rachel Smiley Cathy Stone Doug Tansill Betsy Wiegers • eau ir:. 2271 N. Frontage Road W., Unit C,Vail, CO 81657 10/4/2011 PHON. 970.827.5700 .970.827.5707 877.812.5700 5 brar(c vailmus idestival.org Report Bravo! Vail Valley Music Festival Direct Economic Impact . tit _ a 1'40 .• A. e ,,•.r+ . 4411111V, ,, • r 1 e, } ? � F i r ; bs o• .r � ' ms s, . .- ye 40 ' ` ti v. 1 1 ...... BBC ..,, RESEARCH & CONSULTING 10/4/2011 5 -2 -2 Report September 26, 2011 Bravo! Vail Valley Music Festival Direct Economic Impact Prepared for Bravo! Vail Valley Music Festival Ms. Meredith Richards Public Relations and Marketing Director 2271 North Frontage Road W., Suite C Vail, Colorado 81657 Prepared by BBC Research b& Consulting 3773 Cherry Creek N. Drive, Suite 850 Denver, Colorado 80209 -3868 303.321.2547 fax 301399.0448 www.bbcresearch.com bbc @bbcresearch.com BBB RESEARCH & CONSULTING 10/4,2011 5 -2 -3 Bravo! Vail Valley Music Festival Direct Economic Impact Bravo! Vail Valley Music Festival (Bravo!) retained BBC Research & Consulting (BBC) to estimate the direct economic impact created by the 2011 Bravo! festival on the Vail Valley. Bravo!, a six -week annual festival, is a leading cultural attraction in Colorado and the Vail Valley and draws guests from around the world. Bravo! provides substantial direct benefit to the local community through audience and orchestra member spending and generates tax revenue for the town, county and state. Nearly 60,000 guests attended the 2011 Bravo! festival, and 715 orchestra members traveled to the Vail Valley, many with additional people in their party. Spending and tax revenue estimates indicate that Bravo! generated a total direct impact on the Vail Valley exceeding $15.5 million, and nearly $7.4 million was spent the Town of Vail. This report presents a summary of BBC's analysis of the direct spending, tax generation and total direct economic impact on the Vail Valley associated with the 2011 Bravo! festival. The goal oFthis report is to help interested parties understand the benefits of Bravo! within the Vail Valley community, Methodology and Data The total direct economic impact that Bravo! had on the Vail Valley includes the direct local spending by Festival attendees and orchestra members and the associated tax revenue. These estimates do not include indirect and induced impact from this economic activity. The most critical factors influencing the economic benefit are the number of attendees; their length of stay; and Their Food and beverage, lodging, shopping and activities expenditures. Bravo! gathered spending data from audience and orchestra members through intercept and online surveys that were collected throughout the festival and via email Following the close of Bravo!. BBC reviewed and provided recommendations for the audience and orchestra member surveys prior to Bravo! using them to collect data. Audience survey respondents identified expenditures on food and beverage, lodging, shopping and activities. Respondents also identified where — e.g, the Town of Vail, Avon, Minturn, Beaver Creek — in the Vail Valley they spent money. Orchestra members identified expenditures on food and beverage, hotel expenses (other than lodging), spa treatments, shopping and activities and indicated where they spent money. Hotel lodging expenditures for orchestra members were provided by Bravo!. BBC aggregated personal responses from the intercept and online surveys and relied on total concert attendance and orchestra data provided by Bravo!. This analysis distinguishes between festival attendees that live in the Valley and those that traveled from outside the region and between visitors to the Vail Valley that listed Bravo! as a primary reason for their visit and those that did not. BBC created an economic impact model that identifies spending in the Vail Valley and in individual communities within the Vail Valley by audience and orchestra members. BBC RESEARCH EL CONSULTING 10/4,2011 DIRECT ECONOMIC IMPACT, PAGE 1 5 -2 -4 Direct Spending With Bravo!, BBC identified expenditures to be included in the impact model. Intercept and online surveys captured audience and orchestra member expenditures on food and beverage, lodging, hotel expenses, shopping, spa treatments and activities. The model includes conservative estimates of guest and orchestra member spending, as to not over - state the direct spending in the Vail Valley associated with Bravo!. Figures ] and 2 present direct spending associate with Bravo' for the Vail Valley and the Town of Vail, respectively. Associated tax revenue are not included in Figures 1 and 2. Figure 1. Direct spending in the Vail Valley Expenditure Audience Impact Orchestra Impact Total Direct Impact Food and beverage 57,289,076 $429,759 $7,718,835 Lodging 2,046,328 294,138 2,340,466 Hotel expenses (other than lodging) N/A 94,347 94,347 Shopping 3,520,000 134,119 3,654,118 Spa treatments N/A 24,422 24,422 Activities 1,253,739 67,055 1,320,794 Total Direct Spending $14,109,143 11,043,840 515,152,983 Source: BBC: Resrarrh Sr Consulting. Figure 2. Direct spending in the Town of Vail Expenditure Audience Impact Orchestra Impact Total Direct Impact Food and beverage $3,234,658 $328,317 $3,562,976 Lodging 1,172,797 294,138 1,466,935 Hotel expenses (other than lodging) N/A 94,347 94,347 Shopping 1,314,494 88,153 1,402,647 Spa treatments N/A 24,422 24,422 Activities 522,204 67,055 589,259 Total Direct Spending 56,244,153 $896,432 57,140,585 Source: B8C Research Ss Consulting Food and beverage. The 2011 Audience Survey asked Bravo! guests how much their party would spend on dining out and grocery expenditures for one day. The survey data indicated that attendees spent just under $70 a day on dining and groceries per person, on average. For guests that indicated that Bravo! was a primary reason for their trip, BBC included all of their dining and grocery expenditures For the average trip length.' For those audience members that indicated that Bravo! was not a primary reason for their trip to Vail Valley, BBC included the expenditures for one evening of dining out. Because the 2011 audience survey did not identify how much guests spent dining out just for dinner, BBC used last year's figure of $49.66 per person for dining out For those guests that did not list Bravo! as a primary reason for their visit to the Vail Valley. Average trip length was calculated from survey respondents who indicated that they were not residents of Vail Valley and did not stay for more than 14 nights. The average Total nights spent in Vail Valley was 4.8 nights. BBC RESEARCH bt CONSULTING 10 /4/2011 DIRECT ECONOMIC IMPACT, PAGE 2 5 -2 -5 Figure 1 shows chat, in total, Bravo! audience members spent over $7 million on food and beverage. Audience members spent about $3.2 million on food and beverage in the Town of Vail (Figure 2). The 2011 Orchestra Survey asked orchestra members how much their parry would spend on dining our, grocery and liquor expenditures during the duration of their stay in the Vail Valley. As shown in Figure 1, orchestra members and their parries spent over $400,000 in dining out, groceries and liquor while in the Vail Valley. Orchestra members spent the majority of their money for food and beverage in the Town of Vail (about $328,000), as shown in Figure 2. Lodging. Audience members were asked how much their party would spend per night on lodging. BBC only included lodging expenditures for audience members that indicated that Bravo! was a primary reason for their trip to the Vail Valley. BBC calculated lodging expenditures for guesis based on the average (rip length (4.8 nights). Figure 1 shows that Bravo'. guests spent over $2 million in lodging in the Vail Valley. Bravo! attendees spent over half of their lodging expenditures in the Town of Vail. Bravo! provided BBC with the total lodging expenditures for orchestra members. Orchestra members spent nearly $300,000 on lodging, all of which was in the Town of Vail. Hotel expenses (other than lodging). Bravo! collected data on how much orchestra members planned to spend on hotel expenses other than lodging — e.g., room service and private functions — during the duration of their trip. Figure 1 shows chat orchestra members spent almost $100,000 in hotel expenses, all of which was in the Town of Vail. Bravo! did not collect data on bore] expenses other than lodging for audience members. Shopping. The 2011 Audience Survey asked guesrs how much their parry planned on spending on shopping while in the Vail Valley. BBC included shopping expenditures only for those guests that indicated that Bravo! was a primary reason For their trip. Figure 1 shows that audience members spent over $3.5 million shopping in the Vail Valley during the duration of their stay. Bravo! attendees spent about $1.3 million shopping in the Town of Vail (Figure 2). Bravo! also collected data on orchestra members shopping expenditures. As shown in Figure 1, orchestra members spent about over $130,000 shopping in the Vail Valley and nearly $90,000 shopping in the Town of Vail (Figure 2) during their stay. Activities. The audience and orchestra member surveys asked respondents how much they spent on activities — e.g., bike rentals, rafting, (ours — during their stay in the Vail Valley. BBC only included activities expenditures for audience members that indicated that Bravo! was a primary reason for (heir visit. Figure 1 shows that audience members spent nearly $1.3 million on activities in the Vail Valley and spent over $500,000 on activities in the Town of Vail (Figure 2). Orchestra members spent almost $70,000 on activities in the Vail Valley (Figure 1) during the duration of their stay, all of which was spent in the Town of Vail. BBC RESEARCH & CONSULTING 10/4/2011 DIRECT ECONOMIC IMPACT, PAGE 3 5 -2 -6 Tax Revenue Direct spending associated with Bravo! generated substantial tax revenue for the Vail Valley and for the Town of Vail. Figure 3 presents a breakdown of tax revenue collected by the Vail Valley and the Town of Vail. Direct spending estimates are not included in Figure 3. In Total, BBC estimates that spending associated with Bravo! generated nearly $400,000 in tax revenue for the Vail Valley. Bravo! guests and orchestra members generated well over $200,000 in tax revenue For the Town oFVail. Figure 3, Tax revenue generated Expenditure Vail Valley Town of Vail Food and beverage 5167,657 190,252 Lodging 69,927 46,912 Hotel expenses (other than lodging) 3,774 3,774 Shopping 111,004 56,106 Spa treatments 977 977 Activities 40,862 23,570 Total Taxes Revenue $394,201 4221,590 Source: BBC Research & Consulting. Total Direct Economic Impact Summing direct spending and tax revenue generated by Bravo! audience members, festival guests spent over $14 million in the Vail Valley and more than $6 million in the Town of Vail. Orchestra members spent over $1 million in the Vail Valley, nearly all of which was spent in the Town of Vail. Combined, Figure 4 shows that the total direct economic impact — direct spending plus tax revenue — generated by Bravo! exceeded $15 million in the Vail Valley, and over $7 million was spent in the Town of Vail alone. Figure 4. Total direct impact on the Vail Valley and the Town of Vail Expenditure Vail Valley Town of Vail Food and beverage $7,886,492 $3,653,227 Lodging 2,410,393 1,513,846 Hotel expenses (other than lodging) 98,121 98,121 Shopping 3,765,123 1,458,753 Spa treatments 25,399 25,399 Activities 1,361,656 612,829 Total Taxes Revenue 115,547,183 $7,362,176 Source: BBC Research & Consulling. BBC RESEARCH & CONSULTING I0'4/201 I DIRECT ECONOMIC IMPACT, PAGE 4 5 -2 -7 Figure 5 presents a flow diagram of the total direct economic impact generated by Bravo! on the Vail Valley. Combined, audience and orchestra members spent over $15 million in the Vail Valley and generated nearly $400,000 in tax revenue. Figure S. Total direct Impact on the Vail Valley Direct Impact Food St Beverage �. $ 7,718,835 Lodging $ 2,340,466 Hotel Expenses Tax Total Revenue Impact $ 94,347 Bravo! Vail Valley Music Festival — $ 394,201 Attendees: 45,053 Orchestra members: 715 Shopping PP g —0- $ 3,654,118 Spa Treatments $ 24,422 Activities --> $ 1,320,794 Note: Thetolai Hravol att endance figure used in the impact model (45,053) excludes Community Impressions and Musie Matters attendance. Source : HOC Research $ Consulting BBC RESEARCH Et CONSULTING 10/4/2011 DIRECT ECONOMIC IMPACT, PAGE 5 5 -2 -8 VAILVALIE'Y FOUNDATION To enhance and sustain the spirit of the Vail Valley by providing leadership in athletic, Mural and educational endedvors. Board Judith Beerrkow Directors September 28, 2011 Marlene Boll Bjorn Erik Borgen Jack Crosby Andrew Daly Jack Eck William Esrey TimothyFmchem Town Council Cecilia Folz, President Tow Of Vail Harry Frampton, m, Chanperaon Peter Frechette 75 South Frontage Road Stephen Friedman John Galvin Vail, CO 81657 John Garnsey Margie Gart Robert Gary George Gillett, Jr. Donna Giordano Sheila Gramshammer Martha Head Dear Town Council Members, Michael Herman Robert Hernreich Al Hubbard WMiam Hybl I am writing today regarding our request for funding for the March 2012 Korbel Yvonne Jacobs Chris Jarnot American Ski Classic and 2012 Bud Light Street Beat Presented By Volvo. I Rob Katz Kent Logan understand we have the option /opportunity to speak before you at the Town Peter May Council public session on Tuesday, October 4 but both Ceil Folz and myself have Brian Nolan Eric Resnick to be in Europe that day for FIS meetings specific to World Cup and the 2015 Doug Rippeto KenSchanzer • World Championships. Scott Bluhm will attend the' public session in our place but Michael Shannon Stanley Shuman in advance of October 4, I wanted to outline our position and share with you Ann Slifer s everal things you may not be aware of. Ann Smead g Y Y Oscar Tang Stewart Turley BetsyWiegers Although the 2012 grant allocations are not yet final, it is our understanding that In Memoriam Town Council plans to not fund Bud Light Street Beat ($25,000 cash and $7,500 In President R Ford Kind for Public Works and Police) and American Ski Classic ($5,000 cash and Directors Emeritus Adam Aron $3,000 in kind for parking vouchers). James Berry Craddock Pepi Gramshammer Steve Haber - To avoid any misunderstandings, we wanted to share with you that regardless of Elaine Kelton any funding coming from the Town of Vail for these two projects, both will need to be executed this coming year (2012) as planned. In addition, beyond this Education Initiatives March 2012 (which will mark the 30th anniversary of the American Ski Classic) as 1989, 1999 & 2015 FIS World Alpine of today, there has been no decision made by Ceil Folz and the Vail,Valley Ski Championships Foundation executive board to discontinue American Ski Classic after this coming 1994 & 2001 UCI World Mountain year. In the short term (2012), both Street Beat and American Ski Classic are Bike Championships contracted sponsorship assets with the Anheuser -Busch corporation and Volvo American Ski Classic FIS Alpine World Cup Cars of North America plus many other national brand stakeholders; i.e. Korbel, Gerald R. Ford Amphitheater Maui Jim. The Vail Valley Foundation must execute as planned both events this Quiznos Pro Challenge year or we would be in contractual breach. Teva Mountain Games Vail International Dance Festival Vilar Performing Arts Center P.O. Box 309 Vail, Colorado 81658 970 - 777 -2015 Fax 970- 949 -9265 www vvLorg A Colorado 5Q1 (c) (3) 10/4/2011 Nonprofit Corporation 5 - 3 - 1 VAILVALLEY FOUNDATION To enhance and sustain the spirit of the Vail Valley by providing leadership in athletic, cultural and Beyond 2012, although we are now and will continue most certainly to look at educational endeavors. both event projects and what their future should be, how they could be Board of Directors revamped /revitalized, etc., the discontinuance of Bud Light Street Beat and or Judith Berkowitz Marlene Boll American Ski Classic would have a direct and profound impact on the Cornerstone Bjorn Enic Borger Jack Crosby Sponsorship Agreement VVF has with Anhesuer -Busch and Volvo. In the case of Andrew Daly Jack Eck Volvo, this will also have a direct and profound impact on the long standing Timothy Esrey FL mc h e William corporate partnership between Volvo and the Town Of Vail. Timothy Cecilia Folz, President Harry Frampton, III Chairperson PeterFrechette We would like to address the comments made that Street Beat has "run its Stephen Friedman John Galvin course /is no longer effective." Per our recap presentation provided to the CSE John Garnsey for 2011 Street Beat, the event, like Hot Summer Nights, remains a beloved Robert Gary George Gillett, Jr. attraction for locals as well as destination guests on holiday and does bring Donn anommer crowds (avg. 2,500 per show) into town on a quiet evening with 85% of attendees Martha Head visiting a bar or restaurant pre or post- concert. The move of the show from Michael Herman RobertHernreich Wednesday night to Thursday was, per Vail Resorts Lodging, a contributing factor Al Hubbard William Hybl within the approximately 13% year over year increase in the Front Range market. Yvonne Jacobs Chris Jarnot Ro Katz We understand the Town Council currently intends to not provide cash funding Peter May for Street Beat and American Ski Classic in 2012. Based on the additional Brian Nolan Eric Resnick information I have provided in this letter, should Town Council be willing to Doug Rippeto Ken Schemer reconsider its position to fund or partially fund Street Beat and or American Ski Michael Shannon Cl with cash, we would be grateful. If not, we respect your position but Stanley Shnman g r P Y P Rodney Slifer would like some clarification on the in kind trade these events have historically Ann Smead Oscar Tang received. Our preference would be to receive the in kind for Street Beat and Ski Stewart Turley BetsyWiegers Classic for 2012 as we are already in our new 2012 fiscal year budget cycle and In Memoriam have not budgeted to cover these expenses. President Gerald R. Ford Directors Emeritus As always, we are sincerely grateful to the Town of Vail for our friendship, Adam Aron James Berry Craddock business partnership and your long standing support. Thank you very much for Pepi Gramshammer Steve Haber your time and consideration. Please feel free to call or email me anytime if you Elaine Kelton have questions or comments. Education Initiatives 1989, 1999 & 2015 • Sincerely, FIS World Alpine Ski Championships 1994 & 2001 UCI World Mountain Bike Championships Michael Imhof American Ski Classic FIS Alpine World Cup Vail Valley Foundation Gerald R. Ford Amphitheater Quiznos Pry Challenge CC: Stan Zemler, Town Manager. Pam Brandmeyer, Assistant Town Manager. TevaMountainGames Ceil Folz, President, Vail Valley Foundation. Vail International Dance Festival Vilar Performing Arts Center P.O. Box 309 Vail, Colorado 81658 970 -777 -2015 Fax 970 -949 -9265 www.wforg 10/4/2011 A Colorado 501 (c) (3) Nonprofit Corporation 5 - 3 - 2 MINN LI N [ F Ni VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 4, 2011 ITEM /TOPIC: This public hearing will focus on four of the applications intended to facilitate the Ever Vail development. Specifically the Lionshead Redevelopment Master Plan amendments, major subdivison, rezoning, and major amendment to Special Development District No. 4 requests. The Vail Town Council is not being asked for a final action on these applications at this time. Lionshead Redevelopment Master Plan (Resolution No. 6, Series of 2011): A request for a recommendation to the Vail Town Council for an amendment to the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, to amend the detailed plan recommendations for West Lionshead (Ever Vail), and setting forth details in regard thereto. (PEC 110002) Major Subdivision: A request for a review of a preliminary plan for a major subdivision, pursuant to Chapter 13 -3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment of the properties known as Ever Vail (West Lionshead), located at 862, 923, 934, 953, 1000 and 1031 South Frontage Road West, and the South Frontage Road West right -of- way /unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080062) Rezoning (Ordinance No. 7, Series of 2011): A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for a establish Lionshead Mixed Use 2 District zoning on Parcels 1 and 2 of the Ever Vail Subdivision located generally at 862, 923, 934, 953, 1000, and 1031 South Frontage Road, and the South Frontage Road right -of- way /unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080061) Special Development District Amendment (Ordinance No. 8, Series of 2011): A request for a recommendation to the Vail Town Council for a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the removal of Development Area D (Glen Lyon Office Building) from Special Development District No. 4, Cascade Village, and for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to include the subject property in the Lionshead Mixed Use 2 District, located at 1000 South Frontage Road West /Lot 54, Glen Lyon Subdivison, and setting forth details in regard thereto. (PEC090036) Title 12, Zoning Regulations, Vail Town Code, Amendment ( Ordinance No. 9, Series of 2011): A request for a final recommendation to the Vail Town Council for prescribed regulation amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to amend Section 12- 10-19, Core Areas Identified, Vail Town Code, to amend the core area parking maps to include "Ever Vail" (West Lionshead) within the "Commercial Core" designation, and setting forth 10/4/2011 details in regard thereto. (PEC080065) PRESENTER(S): Vail Resorts Development Company and Warren Campbell ACTION REQUESTED OF COUNCIL: The Community Development Department requests the Vail Town Council continue the Major Subdivision, Ordinances No. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011 to the October 18, 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 18, 2011 public hearing. ATTACHMENTS: Cover Memo to the Town Council 100411 Draft of Resolution No. 6, Series of 2011 Master Plan Amendment Memo tot eh PEC 012411 Major Subdivision Memo to the PEC 011011 Rezoning Memo to the PEC 011011 SDD No. 4 Amendment Memo to the PEC 012411 PEC Minutes from January 10 and 24, 2011 Power Poinit Presentation 10/4/2011 10/4/2011 TOWN OF VAIL' Memorandum TO: Vail Town Council FROM: Community Development Department DATE: October 4, 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. 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. Ordinance No. 7, Series of 2011, an ordinance for zone district boundary amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for 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. Ordinance No. 8, Series of 2011, an ordinance 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, located at 1000 S. Frontage Road West /Lot 54, Glen Lyon Subdivision, and setting forth details in regard thereto. I. SUMMARY The applicant, Ever Vail LLC, represented by the Mauriello Planning Group, is requesting the review of four of the five applications that have been submitted in conjunction with the Ever Vail development proposal. The four applications to be 10/4/2011 6 -1 -1 discussed at this public hearing are the Lionshead Redevelopment Master Plan amendments, major subdivision, rezoning, and major amendment to an SDD requests. The Vail Town Council has been reviewing the proposed amendments contained within Resolution No. 6, Series of 2011, over the course of multiple public hearings begun in March of this year. Through this review feedback and discussion has occurred regarding the proposed amendments. On September 20 the Vail Town Council provided additional comments regarding the incorporation of an additional view corridor and limitations on height before stepping back the facade of buildings along Gore Creek on the Glen Lyon Office Building site. Staff has incorporated these and all previously requested changes in the attached draft of Resolution No. 6, Series of 2011 (Attachment A). In response to the discussion regarding height on the Glen Lyon Office Building site staff has made the following changes to the text to be adopted (text to be removed is shown in strikcthrough and text to be added is in bold). 5.17.12.1 Building Height Buildings in Ever Vail choul4 shall comply with the height limits of the Lionshead Mixed Use 2 District . _' • - - -'e ' - . - -e' . 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). As a guideline, buildings along Gore Creek and the western end of Ever Vail shall should express no more than threc two to three fear stories before "stepping back" to taller building mass. All buildings shall be articulated to avoid large expanses of shear /unbroken wall planes (as per 8.4.2.3). Further feedback and amendments will be able to occur as the Vail Town Council proceeds forward with the review of the Developer Improvement Agreement. The applicant has submitted an application for a major subdivision to establish Parcels 1 and 2, of the Ever Vail Subdivision. The subdivision depicts the Colorado Department of Transportation (CDOT) frontage road right -of -way, easements to be granted to the Town, an open space easement over the extents of the Red Sandstone Creek, access easements for the Eagle River Water and Sanitation District site, and the two new parcels. The proposed new parcels are intended to facilitate the redevelopment of this area with the proposed Ever Vail project. The applicant is also requesting zone district boundary amendments to remove the Glen Lyon Office Building from Special Development District No. 4 (Ordinance No. 8, Series of 2011) in order for it to be incorporated into the Ever Vail Subdivision, and rezone the Parcels 1 and 2, Ever Vail Subdivision to Lionshead Mixed Use 2 District (Ordinance No.7, Series of 2011). Town of Vail Page 2 10/4/2011 6 -1 -2 II. BACKGROUND Lionshead Redevelopment Master Plan Amendments (Resolution No. 6, Series of 2011) On January 24, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with modifications, of the proposed amendments by a vote of 3 -1 -2 (Rediker opposed, Cartin and Viele recused). The proposed amendments in conjunction with the modifications recommended by the Planning and Environmental Commission are intended to facilitate the Ever Vail project. The modifications included with the recommendation of approval were as follows: 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. Major Subdivision On January 10, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, with regard to the Ever Vail Preliminary Plan which proposes to establish Parcels 1 and 2 of the Ever Vail Subdivision and right - of -way for the relocated South Frontage Road by a vote of 5 -0 -2 (Cartin and Viele recused). The conditions included with the recommendation of approval were as follows: Town of Vail Page 3 10/4/2011 6 -1 -3 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. 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. Rezoning (Ordinance No. 7, Series of 2011) On January 10, 2011 the Planning and Environmental Commission forwarded a recommendation of approval, with conditions with regard to the rezoning of the proposed Parcels 1 and 2 of the Ever Vail Subdivision by a vote of 5 -0 -2 (Cartin and Viele recused) The conditions included with the recommendation of approval were as follows: 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. Special Development District No. 4, Cascade Village, Major Amendment (Ordinance No. 8, Series of 2011) 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 (Cartin and Viele recused). The conditions included with the recommendation of approval were as follows: 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 Town of Vail Page 4 10/4/2011 6 -1 -4 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. III. CRITERIA AND FINDINGS Staff has attached the memorandums to the Planning and Environmental Commission for these four applications which contain all evidence and testimony presented in conjunction with the review criteria and findings (Attachments B, C, and D). The minutes from the hearings are attached as well. IV. ACTION REQUESTED OF COUNCIL The Community Development Department requests the Vail Town Council continue the Major Subdivision, Ordinance No. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011 to the October 18, 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 responding to questions raised at the previous hearing. • Developer Improvement Agreement • Review of the proposed Zoning Code Text Amendments to the off - street parking requirements VI. STAFF RECOMMENDATION The Community Development Department recommends the Vail Town Council continue the public hearing on the request for the Major Subdivision, Ordinance No. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011 to the October 18, 2011 public hearing. VII. ATTACHMENTS A. Draft of Resolution No. 6, Series of 2011 B. Master Plan Amendment Memorandum to the PED dated January 24, 2011 C. Major Subdivision Memorandum to the PEC January 10, 2011 D. Rezoning Memorandum to the PEC January 10, 2011 E. SDD No. 4 Major Amendment Memorandum to the PEC dated January 24, 2011 F. Minutes of the January 11 and 24, 2011 PEC hearings Town of Vail Page 5 10/4/2011 6 -1 -5 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 strikcthrough italic &(deletions). (in part) CHAPTER 4 Recommendations — Overall Study Area 1 10/4/2011 6 -2 -1 4.4.3 Ever Vail View Corridors The photos provided are intended to show a general view to be protected. Due to the existing development on the site and the proposed Ever Vail improvements, the exact views are not possible to photograph at this point in time. Upon completion of Ever Vail, the new view corridors should be photographed, surveyed and adopted in accordance with the provisions of Chapter 12 -22, View Corridors, Vail Town Code. View corridors within Ever Vail will need to be reviewed as an element of the of each major exterior alteration application in order to determine the location for the origin of each view. Tools such as, but not limited to, photo renderings and digital models will be utilized in this review. 4.4.3.1 Public View Corridor Six This view corridor looks south to the proposed park area confluence of Red Sandstone Creek and Gore Creek and the lift line up Vail Mountain. y i t ' -v/ '.it 6 A i.�A f > i .,- „1 7 F. S t ! { 1 T } ti , ,, , • r _..)?,. r µ \, ' a Y . 4 v l u } § Y k k 1 11 �` _f — � � I. - _ r' { Y:j � ' ' �.eb a� � 4'�'�� Vii \ ___ Ak ^ _ + - ' i!!' 8 3 .+ - r " ^ { _ , 'fir._ e gi vt s ir o-*•!: . ' - e ms., - 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. a ...0- - r i w } ail � i 1 _ '� i ', d - Y } 1 �, - t t , ... • �• i II .7•A Y / w u .� . • F L atlAil k `. ) —1000 , . - A� Figure 4 -5b: Public View Corridor Seven 2 10/4/2011 6 -2 -2 4.4.3.3 Public View Corridor Eight This view corridor is intended to provide a visual connection to Lionshead, and is seen from the pedestrian connection into Ever Vail from West Lionshead Circle. This view is framed by the Vail Spa and Ritz Carlton Residences. IP . 0• '. / / ..0 0 • 4. 111 a 4 - ° .. i� ' III + atd r ,xf F �� r l -' ` i x ___ l 4111 C; NUM --.• i -� .p 1{ 4"� MwL■ V fir . !N ■ 'W a 6 ,' t h _ - : / ° 3 1 ,-r - ,, ..,1 j) Y u 1- 4otter7 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 10/4/20 6 -2 -3 YYt�cS?a PROPOSED -- --�` /+ 17 /// t"f ROUND ANDL0 fs f . s ° ° r d ; ; • .... f - - E • y r = -1 6.. i e l ■ f l a s _ 1 {f.. o P te' 9-_ IP TRANS Tr 5 A' +/� o� 7/'� \ :0-;_, 1 i R PROPOSED fRdMAGE t I RDAD BRIDGE 3 pC ai CRRLTa ■ r : i* „,. E°i1DE710E5 ,1 FLWBING LNALL TpWER . r �b O iEI M.AZA d ` 0 y - E RMT $ • 4 4010 - .Q 0 Gay • 4 • PEDESTRIAN DRIP- . , nt� o ff! 'I d` 41. - t :" RtSI tENTIAL GARAGE ^� e • ,, �• ENTRAxtCE: 4 v ® _ G�RAG` EN"a.Y j .. P,r - ' 4. N, Y +r . � A . s t o � '�.- y >e, . • f - 1 I 1 r • R- ' 16 GAS REGULATOR • .f - • •S � � � b p � j Y.CE ` ^. PROPOSED SNOW' –. sta SIDE r - ! ED a ERYYSD '� vroRAGE . O �L .1 r5' ^1. j a �f - r 'iFr Figure 4 -9: Conceptual Realignment of the South Frontage Road POTENTIAL BUS/TRANSIT STOP OPOSED MIXED USE BUI LDI NC AREA I / CAOU' LOOR RETAIL j MIRED USE ABOVE 4 0 SKI AREA SUP • Wj SUB -GRADE MAINTENANCE - v+0 ,pc RIA 0 • P• RTAL GONDOLA PARKING STRUCTURE -/,/ ` I' _ } _ - 4 irei -- 1 - -- .,- — - . - rG . ' , 'A S. ACES• E. S1 At4 p ;.., te' ....... t t.Y'tiS1't4 OVERPA 5 i -- - . a 4 FIGURE 4 -9 - EXISTING FRONTAGE ROAD ALIGNMENT / WEST LIONSHEAD DEVELOPMENT CONCEPT 1 .' 4 1 0/ 4/2011 6 -2 -4 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/ ___ _ ,. , , - .,,40,010,111 M=Mi 111111 > ; ir iii, _ ,,,,,.,,,,, ._... ____, . ,_ . ..., 2 5 5,riri rr ti t o r I 1 i f • � • • FIGURE 4 -9A — RE- ALIGNED FRONTAGE ROAD' WEST LIONSHEAD DEVELOPMENT CONCEPT (I, '. Figure 4 -9A to be deleted. 5 10/4/2011 6 -2 -5 POTENTIAL 300 SPACE PER PLATE PARKING STRUCTURE FOOTPRINT ON WEST DAY LOT MAINTAIN EXISTING FOREST ROAD ALIGNMENT POTENTIAL INGRESS/EGRESS • * INT - - VAIL SANITATION w __ . ,rte 1 � y — . • r. `, - - Lit/ • as - - b ±fir to 1 11, 0 4,... . - - -- . -.-<\ ,,, --:", ' . . 'r 1;4' .A4° S. . r r y w r . r • FBI /Ur r : ,. / 1 . 11, . 4/ ''.. - "'"......--: ril . A ,Ak,4 4 %.. , . ,1„.. .ie : .‘ 1 %. il , ' 1 ' \ — - . --.....e...,-, ip. r i . r ',L. ▪ "..11.4.44°- IP ' 40 r* * 4111411 V '4. $ ./P\L' 4'''S' ',\.° : , . :# ‘.., ' \ ' . " 4 z.--'"ii 1s � '?. 4 OA - 1/4.. ../ . ' g 9 A .. . "--_,, , ',. 4 00 e : ti , 4 01'1;1 A l/e 7 lir v ., 0, . i i ‘i lk - . • , . )41r44'41" ..- 0 ff Ir ffr i * • v .... ' e014 ' *.1 - _, '' ✓ y . , - ` rr POTHNTIAL RESSIEGRESS PONT - POTENTIAL 400 SPACE PER PLATE PARKING STRUCTURE FOOTPRINT POTENTIAL TRANSIT PICK- UP/DROP -OFF POINT Figure 4 -14 -Wert Linnshead Parking Sbitrture Opportmilies Figure 4 -14 to be deleted. 6 10/4/2011 6 -2 -6 (in part) CHAPTER 5 Detailed Plan Recommendations This section of the Lionshead Master plan examines individual parcels and groups of parcels within the Lionshead study area, excluding the residential properties on the south side of Gore Creek. The intent of this chapter - and the Master plan as a whole - is to identify important functional relationships and visual objectives within the district and to propose a framework for the long -term redevelopment of Lionshead. The document does not intend to limit or eliminate ideas relating to specific parcels; any proposals consistent with this framework should be considered even if they are not anticipated in this document. The parcels addressed here are organized generally from east to west, starting with the civic hub on the eastern end of the parking structure. 5.17 West 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 i^a 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 EagIc P - 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. - g4lt 41 0.. i - A . . r. .. et . ',., %,.a _ •.. . � ,,� • ' y IF‘ l(''' p IP ` \ .0 f ti 1 4.H *• s f] I ' A ,4V ' pkt ,% k r , r Ilr !► AC E 'i . r ', .,"- ° - Y ; ; (_ CREEM) 4 ': .. w , . * ...7 , ,ppdi ** , _ . ,,, a... ... . • - • ' . 6 : ' i .... ..,,, 1 r . ..' ' P '. . t 1 i f a� V 4 T l _ 'a. r,, .y■ Figure 5 -21: Conceptual Ever Vail Site Plan 7 10/4/2011 6 -2 -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 initial 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 the 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 10/4/2011 6 -2 -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. , f/I j f `) ,.I 7 + f` _ a. r I' a 5 � , •� ; 7 - 1 TRANSIT - . '', L ENTRANCE !' = . 0 C' COMA WALL WRIER r. . 0 �,. ■ 3 , � ..:. P l l Y ~ 7 0 4, e -J,)f re f. .p G ., PEDESTRIAN gFIpGE '' - r_"'' 66 - •'' 4 4' = n { .Y J RESIDENTIAL GARAGE 1 ■ 4 ` e F ' _ ENTRANCE "'.- Y , r' • � ` Art f � }yJ ". P KING USE AP 0 ENTRANCE Jf Q n4f,, ,e � .� .' ; 6 - ` . " A . ` / n r � E " fa" rtp"'< G R ,, § .rte r- .-.. • i Y � "�"$ GAS REGULATOR = • � P'- � ` r 10 I C N �A= • - t Z:VGEO m'W WE 5 GL SSi 7 P`r!�?A i _ r STGRAGE _ : �.., t V �au-0 r�aar" .. . "�. •' y, i •• � DORM a, to � ;/ter: - • RED MIKE j . F,,,,. a, 04 - - - ---'-r4 _ r ► . Y r l 1 i • 4 �` �,(,'� a -'4' y •7 y , a „ : ` ,` -+ " f ' ` c= -- J . 4. _ w Ar ft . _ , T.' : _ ____-----:—.) 2 . ,;--- ' i 4 Figure 5 -21a: Conceptual Realignment of the South Frontage Road 9 10/4/2011 6 -2 -9 1 J i / - fir r 4 i y.n ;r '�^ f 1 i f 1 '' /r b -4-:"'''4.:41A-.\ ,. .. >� _ O I L` / filtt � � IP ''1 �. .. 1 - 0 ;I? ,r;,',1.41,119 * a' '' --'—:" V • 11 4 It y5` ' f V , : .rya` ` ' ~ _ ' _ - . , rr r7_ rte, " 4 ' j — -I - 1.. 15' • -, i L N, nF Figure 5 -21b: Conceptual Grading Plan for Frontage Road Realignment 5.17.2 Vehicular Access and Circulation In keeping with Policy Objective 2.3.4, Improved Access and Circulation, of the Plan, opportunities for public transportation and vehicular circulation improvements shall be explored in conjunction with any future redevelopment of the South Frontage Road and interior roads within the redevelopment of the West Lionshead sites. Possible opportunities for improvements may include improved mass transit stops, relocated /reduced /shared points of entry /exiting, restricted access points, acceleration/ deceleration lanes, roundabouts at major intersections, greater sight distances, dedicated turning lanes, landscaped medians and skier drop -off. It is essential that Ever Vail provide safe and efficient access points from the road networks adjacent to the site. Legal and physical access to ERWSD shall be provided by Ever Vail property owners through Ever Vail to accommodate current uses and future development of the ERWSD property. The design for the relocated South Frontage Road anticipates the construction of a roundabout that connects the South Frontage Road to the North Frontage Road via the Simba Run underpass. To accommodate this roundabout, the South Frontage Road will need to include retaining walls to facilitate a drop in elevation as it moves west (see figure 5 -21b). The Simba Run underpass will cross 1 -70 and provide an additional connection between the north and south sides of Vail. 10 10/4/2011 6 -2- 10 Ever Vail shall comply with the loading and delivery requirements of the Vail Town Code. Loading and delivery with Ever Vail shall comply with Section 4.7, Loading and Delivery, of this Master Plan. Service and delivery truck turning maneuvers should not negatively impact traffic flow on the South Frontage Road, West Forest Road or Market Street. With a realignment of vehicular access points, attention should be given to the location of service and parking areas. 5.17.3 Parking Ever Vail shall be developed as a commercial core that includes mixed use development, pedestrian streets and plazas, direct access to transit options, bicycle and pedestrian connections and access to Vail Mountain. As a commercial core, Ever Vail should be incorporated into the Town's adopted commercial core parking areas, which allow for reduced parking requirements due to proximity to mixed use development. Ever Vail shall meet the parking requirements of the Vail Town Code. The appropriate parking requirements for ski lifts and other potential land uses that do not have a specified parking requirement will be determined by the Planning and Environmental Commission. Section 2.4: Ground Rules for the Master Planning Process, states that there shall be no net 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. The 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. 11 10/4/2011 6 -2- 1 I 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. ,r , , "� _ - E7 „.-- \\<„,. ,, 1 . ' - / / 6 4 0. 4 M ®r' J 4/' .1/0, `� r ,- . E5 L r % = ,/:49: .' . „, kitt4 0 / // ,_ t"...7 C + Figure 5 -22: Conceptual Transit Facility and Bus Stops 12 10/4/2011 6 -2- 12 LEGEND: D PAS`slro6ER =AP - L� R -Ereri.use wrH _._'S in C ' 4,2_ X COVERED WC 0411 R+.C.(3 i -....... # .rcnEI u.,ie Ste" PO'C'.- _ 5-2 - -t�'1� `+e\ P !`... P CARLTC FAA E.M.A.CE "` P :f T QI t i J - 8- 'r-t1 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. "'"es -'ear , .__.-- 1 �._ _ , P L A Zfi SO _ 1 1 lb 40 l i , r h l ` Figure 5 -22b: Conceptual Gondola and Mountain Portal 13 10/4/2011 6 -2- 13 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 across thc southwcst corncr of thc Glen Lyon Officc Building sitc. If thc sitc rcdcvclops tho rccrctation path shall be cnhanccd to mcct town rccrc\ational 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. 14 10/4/2011 6 -2- 14 LEGEND: r i i PEA STRIAM Of&V nurse PATH — Uw, > . 01 Mill .r■ ' / eh*. s ' I • p I 4 au. a „I 11 • .,. _-,,,. , „- ,,,,, ....: i .,(40 11 * • f • ft zZ 4r _ . _ - _ . - - 7 - - - - i if -1I WI 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. 15 10/4/2011 6 -2- 15 ,-,,x " t , v 7 4. a v,f4k fir e ' f YI aED CLNIE[Ty � i .a uUhSNEAn, } 4 0011 ifi P� ,a aw ''�` a'Of • ' 1, :' /' ANY E N*EA . ;� r -.FYI - - TRANs,T GE = ' —v J EN f f �Li� r r i , ! , - _- a DM R ID RROfftA8£ _ r f _ . RCiF➢ BRIDGE v _.: L__, j _ 3 " Q. 4 THE Po! NC S j ,� — C "� LWSING WALL TOWED , r ; is - 0,t. PI AMA - C` ,lk PEDESTRIAN BRIM E � ` - y � 1 f lfTn: AY. _ qY till, 0 '_ . A •,• � ,�-• „a , 4.3 ' PAO ENTRANCE • - use � � , ,.• ;, Q t R � SAS REGULATOR i T ' P �7 - tt W'_ W v -:1„,17::, r CE - ,,;,, ; % r� - 4 - I cEx RAI ` ` f '\ EI ai.. c 4,"°1-34 .J vi AR(]P05EB SNOW �• , : � 5 R'ESI�OE�, - �AM�,Y� F P.A+_+1 � 4 � O E �, A �_ r .� 7is W T l �i1iH i .`A { .ti » ~ — - v+�T`.. vi. r ��'�. _ qq ,J1 = 9F �. .. - IP ,.ti - f 1 : Yx ' -_ "-- jam, �� Ora 4r s: , . 'Ye' �) °0 3- a 1� 1 k 1 1 .1 i l jS 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 16 10/4/ 2011 6-2 16 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. -- --- .*-, . MM t� "`� ; STS' ;. J � 4 /Y ♦!4 �'' ./[' map J 1 ' : --- - ''' do dr , ,„,_......„,.. ...„.., ..... r 1 ? " "'.` y . i A5- - NI WibilikA%."%%- ./ Ai m r 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 17 10/4/2011 6 -2- 17 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 18 10/4/2011 6-2-18 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. f = '' " • 1l � ray ( � 1I . r J w�.O 3 ,..'r - `r 4 . 4 v . 4 ) i k . 1k �4 � � r. ' y i \�J t r UJ its 1 ill 0 1 4 s ' 4 ` ............. 'V ` " * `- GORE GR , -_____ :zior_____ ______- ] Figure 5 -24: Red Sandstone and Gore Creek Improvements 19 10/4/2011 6 -2- 19 • .1117.1.. ,, 1 .01 ..04.0.1 F � . - � : 4 1 . 1 .... c am? =y ` � , „ r 17, 41 <, - .-+J 3 V r • = 'G I . 4 % v r , '{ • ; ma y .', r .....V: f , r v- r , ir 4 �:5 - 4 1 A I c' 4 1 f 7 Li -� _ 1 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 shall comply with the height limits of the Lionshead Mixed Use 2 District. 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). As a guideline, buildings along Gore Creek and the western end of Ever 70 10/ 4/2011 6 -2 -20 Vail should express no more than two to three stories before "stepping back" to taller building mass. All buildings shall be articulated to avoid large expanses of shear /unbroken wall planes (as per 8.4.2.3). The pedestrian area connecting the transit facility on the north end of Ever Vail to the gondola on the south end of Ever Vail shall be considered a Primary Retail Pedestrian Frontage for the purpose of measuring building height and "step backs" as described in section 8.4.2.3 of the design guidelines. .� r t ' , I rte . A i / Figure 5 -25: Conceptual Interpolated Grade Plan 21 10/4/2011 6 -2 -21 ..<4 , ---rv ..1i le; , r .40000 A.+ r te ' ` ,„ '. r .', - Figure 5 -25a: Conceptual Maximum Average Height Plan -<111-------11e411*-- ii . , 4 i r MAX. HT. = 82.5 1 aF _ �� '`C = MAX, HT. =71.5 , - / is MAX. `FHT = 56' = AX. HT. = 60.5' MAX. HT: = 47` \ 1} ;000000/ F • MAX. HT. = 42 MAX. HT. - 37 MAX. HT. = 24' _f Figure 5 -25b: Conceptual Maximum Height Plan 22 10/4/2011 6 -2 -22 5.17.12.2 Setbacks Setbacks are necessary to provide a buffer between Ever Vail and adjacent properties. Setbacks provide areas for landscaping, public art and other improvements that help reduce the scale of buildings and further connect the urban and natural environments. Along the South Frontage Road, the above -grade setbacks should be significant enough to accommodate mature trees to buffer Ever Vail from the South Frontage Road and 1 -70. Trees and other landscaping must be integrated into the Ever Vail setbacks rather than only in adjacent street right -of -ways in order to ensure landscaping remains should the right -of -way be utilized for roads or utilities. To facilitate subterranean parking structures, below grade setbacks could approach the Ever Vail property boundaries. Shoring may need to occur on adjacent properties. However, footings and foundations, etc. should be located within the Ever Vail property boundaries. Because Ever Vail is one development site, zoning only dictates the setbacks around the perimeter of Ever Vail and does not regulate the separation of buildings internal to the site. Special attention should be paid to the sun shade analysis to ensure that buildings have adequate separation and allow sunlight to penetrate public outdoor spaces such as walkways and plazas. Figure 5 -25c depicts the spatial relationships between buildings, setbacks and landscaping. X 16' � l ° ter- . ► . t = .� .! ' M i f ....:3) p� l i {� - r - 4 \ f % .,- . tero,. ' - y ■ ` ,� r E t. +w • .. ,6 * _ _ '` ' ) yx; a ..• . r ;..' tee. A �. i! t • `y, - , iiiii, r w ' . R �a J y r r F G.,J +�. •via'" o t �r Figure 5 -25c: Conceputal Landcaping Plan 5.17.12.3 Landscaping Landscaping serves many purposes, including the provision of shade, aesthetic enhancement, storm water 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 10/4/2011 6 -2 -23 when it is permanent and provides adequate soil depth to allow vegetation maturity. However, landscaping over underground structures does not contribute adequately to stormwater management and additional measures will need to be taken to address this issue. Non - permanent landscaping such as potted plants have proven to be ineffective in achieving the intent of the Town's landscaping requirements and are strongly discouraged. Mature trees mitigate the visual impacts of buildings. Large trees should be planted on the north end of Ever Vail to provide a buffer along the South Frontage Road. It is understood that in order to relocate the South Frontage Road and to develop Ever Vail, existing trees will need to be removed. Where possible, existing trees should be relocated rather than removed. d r 3 Ar • `, ► r f y � NIrrr a t / e I. � 12. + • - d o* - __ Figure 5 -25d: Conceptual Landscape Plan 5.17.12.4 Site Coverage 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 10/4/2011 6 -2 -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 10/4/2011 6 -2 -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 10/4/2011 6 -2 -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. Legal and physical 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. Future redevelopment should consider the preservation of the view from the Ever Vail gondola plaza east across the ERWSD site to the Gore Range. 27 10/4/2011 6 -2 -27 ;If ESTRLANPIRAN51T C OSIIIDOR 7 VAIL SANTT.LTION PLANT RE- ALIGNED FOREST ROAD COPI4ECTION ` r N. I r %L - _ �L row + m a w ., ' � r ■ 71� 'r+ r Lk -6.. w. , - 4 1, ` _ li i s . , , y - *..► . .,,,- , .. 1r +..` , - .. . mac... ti..� e t LO ...••••". i rgi 6.- ..,, illi '''' " , IP . ,i * --.0,06:-Ii. r.:4:4;1 % *-44- ii_ ,, , A- ' . i ,..,,. 17,4.... 11 11 - 1 .- \ ' -''' ,, 0 , 7 i t L ''' / \o/ 4t) I . L --_,..: ----‘,. %....., ,,, ,._, , „„,_., L. 3 \ \ . Vi ...... '--, - ..1, -.I. f� v ' .• , �� ./' s � I 1 • r y . RBDCT / f SCOPE VAR.,. ASSOCIATES • tuisitvi .. SRD EMPLOYEE HOUSING D a = • PMENT PARCEL VAIL ASSOCIATES SERVICE YARD 1 ' VELOPMTNT 'PARCEL WEST DAY LOST DEVELOPMENT PARCEL Figwe 5 - fit LuoRrh* kw-native 'A' - South Frontage Mad Reviiignment Figure 5 -21 to be deleted. 28 10/4/2011 6 -2 -28 PtDEST iAN.TRJJ4Srr CORRID01k 4 4AINTAIN EXISTING FOREST ROAD CONNECTION VAIL SANITATIoN PLANT E POTENTIAL MOUNTAIN SERVICE ACCESS RO ; ._s , e '1 1 i 'b •' -, •r t - fir% VW yr .yw✓ V �. . , R • �r.� 114 1, `w- . "; } ..." _ . .i %re'. 16 a '' IL L __ . -:0 4 . 11 ' L la, . ..., r ' I '‘`.11 , t.=-1w :0 i ,„ ' f k r L k • -- P . "► 1 % ve, e> • rt 4 .,, . Cif .3%'%*'— :flip 1- de t ` ; ., % / V - FRONTAG ROAD �"' -- �� I J + / sr ,u , ` rUCED SCL?PE VAL AS:�C)C1ATES 1' r' .� - . ' VICE YARD L EMPLOYEE H ERVI CE b DEVE LOP 0 DEEVELOPM P.ER AIL ASSOfCLATES SERVICE V I,CST TfFVF. OPMF!YP PARCEL R = -ALIt ;I: WEST LJCNSI EAD CIIt�CLE F" 5 -22 -'Wot Lio nrhead Ciiradanon Alternative r -Seeds Fivirgc Road Re-Align?, Figure 5 -22 to be deleted. 29 10/4/2011 6 -2 -29 EXISTING FOREST LOAD ALIGNMENT VAIL SANi7P.1ION PLANT roTENTIAL MOU 11AW4 SERVICE ACCESS ROUTE ` �� 4 + /tom 1 �y c ' + ��I .10 V 4r,, 4 y e s ' > - ..' -- I lisili k14\16,.....L. ► ' ' 1, 0 p \ WIt `47 . ro•P`' 4 1 1 4. ' I ,... IA , • ' ',de . . 1 / 4 L ,... le Ire /pp I g iii lin _MI , ii a v t .- ; 4 4p : ,v, , . r I - - '__ F-' ` +..r RFnII(F OFF VAT . ASSOC'IATF" ' SERVICE Y • a • V' �•� EMPLOYEE MUSING 0 ■ (PMEN'T PARCEL / S. VA ASSOCIATES SERVICE YARD ► . - ELOPMENT PARCEL. L ' E.D , ESTRIAN CROSSING ACROSS SOUTH I. I . ,E ROAD I, AIN EXISTING SOUT" -I 'FRONTAGE ROAD ALIGN 3 WEST LOT DEVELOPMENT PARCEL EXISTING a' T LSUNSHl.AD CIRCLE ALIGNMENT Fore { ' 3 -Rex Liwukead Crculasion Ahern 'A' - Winton Enemas Traffic Patters Figure 5 -23 to be deleted 30 10/4/2011 6 -2 -30 1 GORE CREEK REC'RE'ATION PATH POTENTIAL WEST DAY LOT DEVELOP ► - "f at, , # \ iiire ... .. 40041.1 I \i' gotio.".... I 44 ..Jo V ,E SAN ATION t. 1 . I .. . $ 4 7 i?...N , .....)\- A _ _.\ .. „ , , ‘ \,; , 1 ' , '' \ 1 ‹ . , )p . , , ', t ‘4 C . /0°..1 of go< - 1., r i7L`‘.• ilk ' .1k , r Vr J 1/ RE-AL NED FOREST ROAD POTENTIAL VAIL ` It , I RTS SERVICE YARD DE *.. OPMENT WEST I ONSMEAD TRANSIT/P ► TRIAN CORRIDOR 1 -- PEDESTRIAN PATH *GREENBELT' [ ONNEC TT► TO GORE CREEK CORRIDOR WEST LIDNS1 EAD CIRCt F PRIMARY PEDESTRIAN W , PPgrtrit 5 -24 Figure 5 -24 to be deleted. 31 10/4/2011 6 -2 - 1 Q Cg 4 -�' I . ... , . J ,_ , ,• .,. \ „. _ . .__ .... oz • 4.,,,_____-- ..., . .. ,,,,,.. „ .., ......, , ,,, . _. , , p d . L _ ,_ .....__ . ..._ • _ .._, , ,..• . .. , , a. J , \ , . \ , . r ,_ , .„, . , , _..,__ , __ ,...,, u ,.- - :,, <. ,,..— , -• , „ rs.; 1.1J ' X ov �` m co . W • ' , : : ' , . . ' ' it ur CC of in Q Z tn til ■ iln LU CC X c] 7 a `y a ti • \ . \ • Figure 5 -25 to be deleted. 32 10/4/2011 6 -2 -32 INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this XXs day of XXXXXXX, 2011. Richard D. Cleveland, Mayor of the Town of Vail, Colorado ATTEST: Lorelei Donaldson, Town Clerk 33 10/4/2011 6 -2 -33 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 24, 2011 SUBJECT: 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 SUMMARY The applicant, Ever Vail, LLC. represented by the Mauriello Planning Group is requesting 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. Amendments to Chapter 4, Master Plan Recommendations — Overall Study Area, and Chapter 5, Detailed Plan Recommendations, are proposed to provide more specific recommendations and standards for the Ever Vail development. Based upon Staff's review of the criteria outlined in Section VI of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Commission forward a recommendation of approval, with conditions, to the Town Council regarding the proposed amendments to the Lionshead Redevelopment Master Plan. II. DESCRIPTION OF THE REQUEST The applicant, Ever Vail, LLC, represented by the Mauriello Planning Group is requesting a recommendation to the Vail Town Council for proposed amendments to the Lionshead Redevelopment Master Plan. The proposed amendments are intended to change those portions of the Master Plan which no longer reflect the desired outcomes of the West Lionshead properties that will comprise the Ever Vail development. The amendments will establish the desired recommendations and standards for the Ever Vail development. The purpose of the amendments are not to amend or otherwise alter the overall goals, objectives and policies stated in the Master Plan. 10/4/2011 1 6 -3 -1 The Master Plan recommendations for West Lionshead (Ever Vail) were adopted in 2007, and included three key concepts that would result in the creation of a new portal to Vail Mountain. Those key concepts are the relocation and realignment of the South Frontage Road, public parking spaces in addition to any zoning requirement, and the incorporation of a ski lift (gondola). The proposed amendments are the result of approximately three years of review of the redevelopment of West Lionshead with the development known now as Ever Vail. The amendments propose to capture the current thinking about the desired results within Ever Vail. The amendments include several images which will exhibit the specific and general goals and objectives of Ever Vail. These concepts for layouts and design include, but are not limited to, the South Frontage Road relocation, the gondola, the transit center, the public parking, the mountain operations service yard, loading and delivery, pedestrian and vehicular circulation, and public plazas and walkways. Staff has attached the proposed amendments to the Master Plan (Attachment A). The proposed amendments in the attachment are indicated with additional language in bold and language to be removed (deleted) shown in strike through. III. BACKGROUND On December 11, 2006, the Planning and Environmental Commission forwarded a recommendation of approval for amendments to the Lionshead Redevelopment Master Plan to include the Vail Professional Building and Cascade Crossing parcels within the Master Plan boundaries and to amend the recommendations for the area known as "West Lionshead ". On February 6, 2007, the Vail Town Council adopted Resolution No. 4, Series of 2007, which implemented the changes to the Lionshead Redevelopment Master Plan regarding West Lionshead and the area known as Ever Vail. On September 24, 2007, the Planning and Environmental Commission forwarded a recommended approval of the preliminary plat by a vote of 6 -0 -0. This application was subsequently withdrawn by the applicant while it was in the Town Council review process. On October 22, 2007, the Planning and Environmental Commission forwarded a recommendation of approval on the proposed rezoning of the two new parcels proposed to be established in the Ever Vail Subdivision by a vote of 5 -1 -0 (Cleveland opposed). This application was subsequently withdrawn by the applicant while it was in the Town Council review process. On August 11, 2008, the Town of Vail Planning and Environmental Commission voted 4 -0 -1 (Viele recused) to forward a recommendation of approval of Resolution No. 19, Series of 2008, for the Vail Land Use Plan map amendment to allow for a change in the land use designation from Community Office to Lionshead Redevelopment Master Plan for the Glen Lyon Office Building site. On September 2, 2008 the Vail Town Council approved Resolution No. 19, Series of 2008, described above. The motion passed 4 -3 -0, with Foley, Hitt and Rogers dissenting. 2 10/4/2011 6 -3 -2 On December 8, 2008 the Town of Vail Planning and Environmental Commission voted 5 -0 -1 (Viele recused) to forward a recommendation of approval to the Vail Town Council for Resolution 26, Series of 2008, which included amendments to the Lionshead Redevelopment Master Plan to incorporate the GLOB within the document. On February 3, 2009 the Vail Town Council adopted Resolution No. 26, Series of 2008, by a vote of 5 -1 -0 (Foley opposed). On March 22, 2009, the Planning and Environmental Commission approved a partial preliminary plan which established the 1 -70 right -of -way. This partial preliminary plan was endorsed by the Town Council on April 21, 2009, for submittal to CDOT for review. On January 10, 2011, the Planning and Environmental Commission unanimously forwarded recommendations of approval to the Vail Town Council for the adoption of the Ever Vail preliminary plan and the zoning of Parcels 1 and 2 of the Ever Vail Subdivision to Lionshead Mixed use 2 District. These recommendations of approval were conditioned upon the recording of the Ever Vail final plat. IV. ROLES OF THE REVIEWING BOARDS Lionshead Redevelopment Master Plan Amendments Planning and Environmental Commission: Action: The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Town Council on the consistency of the proposed amendment with applicable review criteria and the policies, goals and objectives outlined in the Lionshead Redevelopment Master Plan and other applicable master plan documents. Town Council: Action: The Town Council is responsible for final approval /denial of a Lionshead Redevelopment Master Plan amendment. The Town Council shall review and approve the proposal based on the consistency of the proposed amendment with applicable review criteria and the policies, goals and objectives outlined in the Lionshead Redevelopment Master Plan and other applicable master plan documents. V. APPLICABLE PLANNING DOCUMENTS This section of the memorandum contains portion of the Lionshead Redevelopment Master which are pertinent to the application. The proposed amendments are found in the attachments. Lionshead Redevelopment Master Plan (in part) 10/4/201 6 -3 -3 Chapter 1: Executive Summary Recommended Actions The following list summarizes the recommended actions, both public and private, that are contained in the master plan. Please refer to individual chapters for more detail on specific topics and individual properties. Development/ Redevelopment • Encourage, facilitate, and provide incentives for the redevelopment and renovation of existing structures in Lionshead. • Create a Vail Civic Center comprised of the Dobson Ice Arena, the Vail Public Library, and new development on the existing charter bus lot. • Develop the south face of the Lionshead parking structure with ground floor retail/ commercial space and locals/ seasonal housing above. • Develop the Town of Vail infill parcel at the east portal to the Lionshead pedestrian and retail mall; make it an active entry landmark. • Encourage first floor retail expansions in the retail core improving the spatial proportions of public spaces by extending into the pedestrian street. • Encourage, facilitate and provide incentives for the creation of a five -star resort hotel in the Lionshead core. • Encourage, facilitate, and provide incentives for the creation of seasonal housing in the western end of Lionshead. Pedestrian Circulation • Implement the Vail Streetscape Masterplan for the Vail Village - Lionshead connection along West Meadow Drive. • Redevelop the existing east Lionshead pedestrian portal. • Develop, with public - private cooperation, two continuous pedestrian axes (north -south and east -west) through Lionshead. Create new walkways and plazas and replace deteriorated pavements. • Install a snowmelt system in the Lionshead pedestrian mall. • Require pedestrian walks and paths along all streets. • Connect the Gore Creek recreation path below the Gondola lift line. • Provide for pedestrian and bicycle traffic along the South Frontage Road. • Encourage, facilitate, and provide incentives for the creation of one or more new west Lionshead pedestrian portals through redevelopment of Concert Hall Plaza, the Montaneros Condominiums, and the Vail Associates core site. • Create a new north Lionshead pedestrian portal in conjunction with development of a public transportation facility on the north day lot. • Replace the existing skier bridge. • Implement a comprehensive directional signage program. Connections with the Natural Environment • Create a passive recreation trail system on the south side of Gore Creek. • Establish public view corridors to preserve the visual connections to Lionshead's natural environment. 4 10/4/2011 6 -3 -4 • Encourage, facilitate, and provide incentives for the creation of green landscape corridors penetrating into the Lionshead environment. • Enhance the western end of the Gore Creek recreation path through landscape and environmental remediation. Vehicular Circulation • Restrict the vehicular traffic on East Lionshead Circle to Town of Vail "in- town" transit, emergency vehicles, and adjacent local property owners. • Provide all necessary improvements to the South Frontage Road including widening, acceleration /deceleration lanes, landscaped medians, and other appropriate measures to facilitate and clarify traffic flows. • Realign the South Frontage Road at the western end of Lionshead. • Realign the West Lionshead Circle and Lionshead Place intersection. • Encourage, facilitate, and provides incentives for the removal of snowcats and winter mountain service vehicles from Forest Road. • Create a central skier drop -off point on the north day lot. • Implement a comprehensive directional signage program for vehicles. Transit • Create dispersed transportation centers in Lionshead to accommodate local and regional transit, local shuttles, skier drop off, and charter buses. Locations for these facilities may include the North Day Lot, the Lionshead Parking Structure, and West Lionshead (aka EverVail). • Remove the existing Concert Hall Plaza bus drop -off. • Relocate the existing Lionshead Place regional bus stop to the north day lot, Lionshead Parking Structure, or West Lionshead area.. • Improve the now difficult left turn from East Lionshead Circle onto the South Frontage Road. • Connect the future development in west Lionshead to the Town of Vail in- town transit route. • Investigate alternative clean transit technologies. • Investigate potential intermodal connections to future non - vehicular regional transit systems. Parking • Add at least one more deck to the Lionshead parking structure. • Conduct studies to establish the user profile of people accessing Lionshead from the parking structure; use this to determine the desired user profile and true parking demand. • Investigate the possibility of a secondary parking structure in the western end of Lionshead. Chapter 2, Introduction 2.1 Purpose of the Master Plan "This master plan was initiated by the Town of Vail to encourage redevelopment and new development initiatives in the Lionshead study area. Both public and private interests have recognized that Lionshead today lacks the economic vitality of Vail and fails to 10/4/201 6 -3 -5 offer a world class resort experience. Lionshead's economic potential has been inhibited by a number of recurrent themes: • Lack of growth in accommodation units ( "hot beds'); • Poor retail quality; • Deterioration of existing buildings; • Uninteresting and disconnected pedestrian environment; • Mediocre architectural character; and the • Absence of incentives for redevelopment. This master is a comprehensive guide for property owners proposing to undertake development or redevelopment of their properties and the municipal officials responsible for planning public improvements. The plan outlines the Town's objectives and goals for the enhancement of Lionshead and proposes recommendation, incentives, and requirements for redevelopment and new development. " 2.2 Definition of a Master Plan In the development of the Lionshead Master Plan, the following definition has been used as the basis for this work: A master plan is a guide, a flexible framework for future action. It articulates a community's fundamental land use policies, principles, and goals in a broad and general way. It plans for the future physical development or redevelopment of an area of the community, including its functional and circulation systems and its public facilities. The land use policies in a master plan are generally implemented through zoning ordinances. Existing zoning and land use codes may be modified and new provisions enacted in order to conform to the master plan and carry out the plan's objectives. A master plan does not convey approval for particular development proposals or concepts, nor can it be implemented in a short time frame. After adoption of the Lionshead Master Plan, every development proposal will have to go through the applicable development review and approval process, with its attendant public notices and public hearings. A proposal's adherence to the policies contained in the adopted master plan will be one of the factors analyzed by staff, the Planning and Environmental Commission (PEC), the Design Review Board (DRB), and the Town Council (as applicable) in determining whether to approve or disapprove the specific proposal. 6 10/4/2011 6 - 3 -6 2.3 Policy Objectives The Town Council adopted six policy objectives on November 4, 1996 to outline the important issues to be addressed in the master plan and to provide a policy framework for the master planning process. 2.3.1 Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2.3.2 Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. 2.3.3 Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ( "live beds" or "warm beds') through new lodging products. 2.3.4 Improved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. 2.3.5 Improved Infrastructure The infrastructure of Lionshead (streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. 2.3.6 Creative Financing for Enhanced Private Profits and Public Revenues Financially creative and fiscally realistic strategies must be identified so that adequate capital may be raised from all possible sources to fund desired private and public improvements. 10/4/2011 6 -3 -7 VI. CRITERIA FOR REVIEW OF PROPOSED MASTER PLAN AMENDMENTS The applicants are proposing to amend Chapter 4, Recommendations Overall Study Area, and Chapter 5, Detailed Plan Recommendations of the Plan, to include detailed recommendations for development within the "West Lionshead" area for the Ever Vail Development. 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 Lionshead Redevelopment Master Plan, amendments to the Master Plan must address the following review criteria: How have conditions changed since the plan was adopted? The Lionshead Redevelopment Master Plan was adopted in December of 1998. Since its adoption there have been several resolutions approved to include properties such as the Vail Professional Building, Cascade Crossing, and most recently the Glen Lyon Office Building within the study area boundaries for the Master Plan. These properties were included within the study area boundaries and recommendations and standards for the redevelopment of the sites were incorporated into Chapters 4 and 5 of the Master Plan. The result of the incorporation of these properties and the associated recommendations for redevelopment is the proposed Ever Vail development. Conditions have changed since the adoption of amendments to the West Lionshead recommendations in 2007, which warrant the adoption of amendments to the Master Plan. The Master Plan does not currently reflect the most recent concepts anticipated for the Ever Vail development. Those concepts include the incorporation of the Glen Lyon Office Building site into the planning for Ever Vail, the single phased relocation of the South Frontage Road West, and the basic concepts for bulk, mass, heights, and structure layout to create public spaces and streets. The proposed amendments seek to provide clear direction on the desired outcomes to be associated with Ever Vail. The amendments include text and images which begin to provide greater framework and validity to the plans and designs which have been reviewed in earnest over the past several years. The proposed amendments are also to serve as a reflection of the findings of the fiscal and economic analysis performed by Economic and Planning Systems which was presented to Town Council in late 2010 and early 2011. How is the plan in error? Staff does not believe the plan is in error. The proposed amendments seek to provide the clear direction the Town and applicant are seeking for the Ever Vail development. The amendments attempt to capture the concepts and ideas that the Planning and Environmental Commission, Town Council, Staff, consultants, and the applicant have been discussing since the 2007 amendments to the Master Plan. As Ever Vail will be a project which is completed through multiple phases Staff and the applicant believed that amendments to the Master Plan 8 10/4/2011 6 -3 -8 should be adopted to memorialize several key concepts and ideas in order to preserve them for discussion and inclusion when proceeding with future applications such as the major exterior alteration applications. How would an addition, deletion, or change to the plan be in concert with the plan in general? The proposed amendments are in concert with the Lionshead Redevelopment Master Plan as they are not amending any of the adopted policies, objective, or goals that are currently recommended for the West Lionshead area. Ever Vail is located within the West Lionshead area and the proposed amendments provided greater specificity with regard to the desired outcomes to be achieved through redevelopment on the site. Staff believes the amendments further existing concepts contained within the Master Plan thus they remain in concert with the plan in general. VII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval, with conditions, to the Vail Town Council of a proposed amendments 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. Staff's recommendation is based upon a review of the criteria and findings as outlined in this memorandum and from the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval of this request; the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves with conditions the applicants' request for proposed amendments 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." Should the Planning and Environmental Commission choose to forward a recommendation of approval of this request; the Community Development Department recommends the Commission include the following conditions: "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 10/4/2011 6 -3 -9 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." Should the Planning and Environmental Commission choose to forward a recommendation of approval, with conditions of the applicants' request, staff recommends that the following findings be made as part of the motion: "The Commission finds that the proposed text and figure amendments to the Lionshead Redevelopment Master Plan comply with the review criteria outlined in Section VI of the memorandum to the Planning and Environmental Commission, dated January 24, 2011, and that the amendments, as proposed, further the goals, objectives and policies, as stated in Chapter 2 of the Lionshead Redevelopment Master Plan." VIII. ATTACHMNENTS A. Proposed Amendments to the Lionshead Redevelopment Master Plan 10/4/2011 10 6 -3- 10 Attachment A: Lionshead Redevelopment Master Plan Amendments for Ever Vail This document contains the recommended proposed amendments to the Lionshead Redevelopment Master Plan related to Ever Vail. This recommendation amends existing language in the master plan, with additions shown in bold and deletions in strikcthrough. 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. 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. r e, a ', __, E • a + ,` ° in _ , . _ T . i 1. ' �y rt._ • 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. \ ,.rte hi 1p i ,. E .. `. :, • Aft Ir . yf , ' i • 11. r • .. , ��' Figure 4 -5b: Public View Corridor Seven 1 10/4/2011 6 -3- 1 I 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. r , , • .J1 A 1 ', • i �. r I 1 11 F . 1 ff ismir.. - ____ Figure 4 -5c: Public View Corridor Eight 4.6.2 South Frontage Road Recommendations outlined below address the potential realignment Ye- alignmen 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. Figurc 1 9 dcpicts potcntia4 - - . . ._. with a partial r lignmcnt of the Frontagc 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. • ,� // r� i' ee • / ... , +` / ( - 1 -t ) - - ' , ' `�.J ••J `.. )-' e: , i'''S'I ; .1. - _______3 . .„,,.. — d -tit a '' ,}2) ro_____...,, P Figure 4 -9: Conceptual Realignment of the South Frontage Road (Staff recommended condition of approval: Expand view to include the western roundabout and Simba Run underpass). 7 10/4/2011 6 -3 -12 POTENTIAL BUS /TRANSIT STOP r' OPOSED MIXED USE BU ILDING AREA 11 ; if a 41 GROU LOOR RETAIL / MIXED USE ABOVE I -' ® f / T SKI AREA SUPP• ' Wt SUB -GRADE MAINTENANCE _ t w, - / PRIA X41 �r PARKING STRUCTURE : i v (a: ___- -- ,- -- - A d re i.■ _1.---, --_ u, . ....--- ,... ,....---01.-----__.' .,4 25' � i EST AM r:, r = /z� Ir 1 OVEHPA ' { 1 ' JI I ... l y i __f • j'� 11III iI9 � �� ' „ il ,.,, / 1 FIGURE 4 -9 - EXISTING FRONTAGE ROAD ALIGNMENT / WEST LIONSHEAD DEVELOPMENT CONCEPT 1 r Figure 4 -9 to be deleted. POTENTIAL BUS /TRANSIT STOP � /'Y / / .1 PROPOSED MIXED USE BUILDING AREA ''!! ,,•.'' % % G ROG • FLOOR RETAIL / MIXED USE ABOVE - - , PEDE'TRI N SKI AREA SU • •• RT W/ SUB-GRADE MAINTENANCE 013, ' /" GONDOLA . tO f•�,_,__, PARKING STRUCTURE _ / ':�'h +„ // d �" 5r h k� PEDSTR1" T EAS. J ' ' 1 1 I 1 FIGURE 4 -9A - RE- ALIGNED FRONTAGE ROAD / WEST LIONSHEAD DEVELOPMENT CONCEPT f , 1 ; Figure 4 -9A to be deleted. 3 10/4/2011 6 -3 -13 POTENTIAL 300 SPACE PER PLATE PARKING STRUCTURE FOOTPRINT ON WEST DAY LOT MAINTAIN EXISTING FOREST ROAD ALIGNMENT POTENTIA . DIGRESS/EGRESS . * INT VAIL SANITATION P - _r . } - --, , 6.,..«Pori, u, Lt i.. \ ,, . tir �` +� . - \ - 1. t - . w r y Y W • - ... ! p 0v. 4 y r d �" te✓ a' pr y1k am ` Clay • {`* -z,,, iir ,,,-- w., -, _ _,,,'; . 4 - A ILL - 411111"It° ..,...0' " d ' ' 1 . ' - . 4 , .,„....- ,...„-040 .,,,,,,,„ , ,.., .... . , 4 ,,...„ t . . '. . . . . . . ' ° n 7 . . ' 71 '— f ir iP .. ..: 7 4 1 . t .. 11 , , , - k t. 1,- 4, 1 is 43 iiii, s e , ,ff \ \ iii_ . . ' 4 1 Ai' 4,.... - 0".40A/ „ , , . ..... ,,-, . - __ dr#/ri . ir/ . i ._ 11. ' - ' 1, ---.. 7 4 111.1 \ .,...10.1., f $0,401" ,..„ .. vi # .. ,--- -41 t '.. * ,....;. 4 'A . 40 , 0 ,,,./- . V S�F ., �' .7 • l PC SI Ii TTIAL GRESS/EGRESS POINT POTENTIAL 400 SPACE PER PLATE PARKING STRUCTURE FCIOTPRINT POTENTIAL TRANSIT PICK- UP/DROP -OFF POINT Figure 4 -14 -Wart Lionsisead Panking S Opportunities Figure 4 -14 to be deleted. 4 10/4/2011 6 -3 -14 5.17 West Lionsh d 5.17 Ever Vail Ever Vail is a 12.6 acre site and is located in West Lionshead (see Figure 5 -21). Ever Vail West i ^a 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 Eagle River Water and Sanitation site. The subject property is divided into two parcels within the Ever Vail Subdivision and should be zoned Lionshead Mixed Use 2 District. Ever Vail should be redeveloped to enhance and improve the guest and community experience and improve Vail Resorts' ability to service and maintain mountain facilities. Due to the large size of the development site, Ever Vail will likely be redeveloped in phases over time. Ever Vail should be a residential /mixed use hub that includes key components such as a ski lift (gondola), increased office space, new retail space, public parking, realignment of the frontage road, relocated mountain operations and maintenance yard, employee housing, a 100+ room hotel, public transit facilities, a community recreation facility and improvements for connectivity with the rest of Lionshead and Cascade Village for pedestrians, bicycles and vehicles. , ` i .4... < ~y lt4. I- - 1 - V L ` SPA 1 ' , . ,i,,,goir " . s . . .• l r ar• _,..:1„, _ ,,, . Wir * • jflt ! . t � . . A — 4 o ~ ( -' W: '. EjV;E Ft: VA It . . ' .- - ` 4,,,,e_ , -1... - ' _ �W , "" \ �' ,,i.,. GAO R EE C Ei E ; K . Ale. ° . - ' � !" �P LACE , , 4.- r . �yM .• Vi �� r7' . � • � RE CREEKS �` � 0 a .. -% ,, . . ..0 ' a , • et. ' • 4: - r ` i ' . - '�` P 4'1'• „ -r 4 , " . A . ''.:. . -., ' t: '' -Al" ' 1 . . " y:t Z.L 4110) ' N. c,t '1 . :? tie - i Al'' it We r 4. .+, i. 4, Figure 5 -21: Conceptual Ever Vail Site Plan (Staff recommended condition of approval: Expand view to include the western roundabout and Simba Run underpass). 5.17.1 South Frontagc Road Improvements and Vehicular Access • —• . _ • •_ Road and its rctcntion in thc existing alignment. While thc introduction of lift service is viable in either of these Frontage Road alternatives, site design will vary dcpcnding upon what happens to thc Frontage Road alignment. See Figures 1 9a, and 1 9b for thc Frontage Road r alignment alternatives. •- - e - -• - •- - - e - . - _5 10/4/2011 6 -3- 15 squarc footagc and "no nct loss" of rctail squarc footagc as a result of thc rcdcvclopmcnt of thcsc parccls. Furthcrmorc, scrvicc and dclivcry for Wcst Lionsh d shall occur undcrground or bc hiddcn from public vicw. Scrvicc and dclivcry truck turning mancuvcrs should not ncgativcly impact traffic flow on thc South Frontagc Road. With a r lignmcnt of vchicular acccss points, attcntion should bc givcn to thc location of scrvicc and parking ar s. ••_• •- -• - rcmain viablc dcvclopmcnt sitcs. The most viablc sitc for a public parking facility would bc tho sitc is a viablc location for a basc tcrminal. This location would rcquirc a gradc scparatcd pcdcstrian crossing ovcr thc Frontagc Road to thc Maintcnancc Yard /Holy Cross parccls. A strong st wcst oricntcd pcdcstrian corridor with ground floor rctail uscs would bc ncccssary to cr tc a strong conncction bctwccn this ar and thc rest of Lionsh d. Undcr this Frontagc contiguous parccl. In kccping with Policy Objcctivc 2.3.'1, Improvcd Acccss and Circulation, of thc Plan, opportunitics for public transportation and vchicular circulation improvcmcnts shall bc cxplorcd in conjunction with any futurc rcdcvclopmcnt of thc sitcs. Possiblc opportunitics for improvcmcnts may includc, an improvcd mass transit stop, rclocatcd /rcduccd /sharcd points of cntry /cxiting, rcstrictcd acccss points, acccicration/ dcccicration lancs, gr to sight distanccs, dcdicatcd _ _ . - currcnt configuration of thc Frontagc Road, thc bus stops in front of said propertics shall be cnhanccd with, for cxamplc, shcltcrs, bcnchcs, and landscaping. Pcdcstrian conncctions shah bc improvcd from thc bus shcltcrs, across thc South Frontagc Road and to and from tho and s 5.17.1 South Frontage Road Realignment The relocation of the South Frontage Road in the Ever Vail area has been a concept embodied in this master plan since its adoption in 1998. Ever Vail includes the relocation and realignment of the South Frontage Road consistent with the recommended actions and policy objections found in sections 1.3.4 and 2.3.4. The South Frontage Road realignment should be relocated as detailed in the road relocation plans approved by the Colorado Department of Transportation (CDOT) and as shown in figure 5-21a. The relocated South Frontage Road includes a 2 -lane roundabout at the eastern end of Ever Vail. This roundabout connects the relocated frontage road with the new extension of West Forest Road. Access to the Eagle River Water and Sanitation District should be maintained both along West Forest Road and via an easement towards the eastern end of Ever Vail. 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 5-21b). The greatest benefit of this the realignment of the South Frontage Road altcrnativc is that it results in one largc 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 6 10/4/2011 6 -3- 16 creating an extension of the Lionshead Retail area in that it provides the potential to establish a convenient and desirable pedestrian connection to the rest of Lionshead. With this altcrnativc thc most viablc sitc for a public parking facility would still bc thc Maintcnancc sitc would not rcquirc a gradc scparatcd pcdcstrian crossing to thc Maintcnancc Yard /Holy Cross parccls. Howcvcr, a gradc scparatcd crossing ovcr thc Rcd Sandstonc Crcck would bc nccdcd to link thc Holy Cross sitc with thc Vail Profcssional Building sitc. This altcrnativc would also prcscnt thc opportunity for cnhancing Rcd Sandstonc Crcck to makc it morc acccssiblc to thc community and an acsthctically pl sing watcr f turc. Enhanccmcnts might includc; str mbank stabilization/ b utification, natural str m drop structures, intcractivc low flow ar s and gcncral improvcmcnts for wctlands and wildlifc habitiat. Any modification or cnhanccmcnt to thc crcck corridor would bc subjcct to U.S. Army Corp of Enginccrs approval. A strong st wcst oricntcd pcdcstrian corridor with ground floor rctail uscs would bc ncccssary to cr tc a strong conncction bctwccn this ar and thc rest of Lionsh d. .e i 1 .:'l f w _..) r l it • ...N7 ' ., „.. r ? ..„,,,,./ 4 ) , i ' 7 f • ... r * lam,' -�' / / , _, N •rea r — ' - 1 I -'*e � w D . l - .. 1.11% ' ' { y. , o t -� 1 i f . c l i 44 1 II . . ... ," Figure 5 -21a: Conceptual Realignment of the South Frontage Road (Staff recommended condition of approval: Expand view to include the western roundabout and Simba Run underpass). 7 10/4/2011 6-3-17 } I . • TM� - Figure 5-21b: Conceptual Grading Plan for Frontage Road Realignment (Staff recommended condition of approval: Expand view to include the western roundabout and Simba Run underpass). 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. Ever Vail must provide vehicular access for cars and trucks to and from the Eagle River Water and Sanitation District (ERWSD) site, which is adjacent to the subject 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. Ever Vail shall comply with the loading and delivery requirements of the Vail Town Code. Furthermore, service and delivery for Ever Vail shall occur underground, fully enclosed and screened from public view. 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. 8 10/4/2011 6 -3- 18 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. 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. Skier drop -off is an essential component of a successful ski portal. Skier drop -off at Ever Vail will improve the guest and local experience. The transit facility in Ever Vail should accommodate 10 -14 short -term or skier drop -off parking spaces. Short -term parking is a key aspect to community commercial uses, allowing customers to quickly and conveniently patronize establishments. Outside of skier drop -off and pick -up during peak periods, these spaces could be utilized as short -term parking serving the commercial uses in close proximity, such as the grocery store. Skier drop -off spaces are also envisioned in the parking structure on the west side of Ever Vail. Approximately 50 parking spaces should be available for short term parking and skier drop -off when not in use for children's ski school activities, which traditionally occur one day per week in the winter. These short -term parking spaces, given their location at approximately 500 feet from the gondola, would provide skier drop -off capacity in the event the short -term spaces in the transit facility are displaced due to expansion of bus activity. 5.17.4 Public Transportation Public transportation is an essential element to successfully connect Ever Vail to other portals, neighborhoods, and down valley. Ever Vail needs to provide access for in -town bus service, outlying bus service, ECO Transit buses plus hotel and lodge shuttles. 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 - 9 10/4/2011 6 -3 -19 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. J `> E7 V' J p ri , is ° ° �� , 1 6 E5 ` I' /. 3- - ` w ,. Eli v J ,} , , / //// , l' Figure 5 -22: Conceptual Transit Facility and Bus Stops LEGEND: (1 . o �EOa .�EAa x= _,..._.„. . oRaP oFF R� �� Q 1 -,.---,„..— I, ...., _ ii ,.. p l k ,___,. , - b : , zw __ 4 0 1 ' _ _ Figure 5 -22a: Conceptual Transit and Vehicular Circulation 10 10/4/2011 6 -3 -20 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. - A r 9 H ,1 1 , ' -- 2 ' ' li l ''' s n- 2 . el. - -9 f } _ - , — _ .�- . 5 iis, - - - -` ' 04 a .-) F Figure 5 -22b: Conceptual Gondola and Mountain Portal 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 d 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. Thcrc is an existing rccr tion path that runs across thc southwest corncr of thc Glen Lyon Office Building site. If thc site redevelops thc rccr tion path shall be enhanced to mcct town rccr tional path standards and to provide a safc and attractive pedestrian and bike experience. The improvements shall include a public easement over the paths where necessary. Pedestrian connections between Ever Vail and West Lionshead Circle shall be improved to provide safe and attractive pedestrian crossings. Improvements may include raised crosswalks, change in paving material, safe harbors, medians, and signage. See figure 5 -22c for conceptual pedestrian and bicycle circulation plan. 11 10/4/2011 6 -3 -21 LEGEND: eri .■'''' 0 2 ,,,.- --" , J ON iim jii ; ___,---,---, , - 17 - -IWN .• , / I • i +M ;i;1111111. ' - ' ',' 1 c a. C -. } #� J ►} a .�'' r s* lia f Figure 5 -22c: Conceptual Pedestrian and Bicycle Circulation (Staff recommended condition of approval: Expand view to include the western roundabout and Simba Run underpass). 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 the sun 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. 12 10/4/2011 6 -3 -22 t, } ROUND AB, ' y comas % Sy r b rr fie ':' >•C$ �/ ♦ — P €d CONNECTOR 01 , \-;. R ,ioa�NSNEaG. , aprl • ... F c. l 1 - TRANS CENTER R. f �► I / . - �F ENiPANeF A pp ill S PRaYQsEa FRONTA�E ___- I S r iA 1 01., 1 y POAP 9RI0aE � , q " 41. 1! ' ' t LaINBi TOYeER_ _ ' - -___ i '� f yy � ELPW4 ® ' T �^ I PE4E540.taN ePincE `arc! , ' - - T-- � � 4 h }¢y � ,_ RESIafNT,AL GARAGE — ENTPaNCE } , ' ` W 6 RrtGE ENYRV _.° R.w • : \ o s t♦ w PARY:Im TRANC.e∎ \ a _ ' � l•`•'yE � . � ? 5 'e i + N �yyy,��-1, `' � .. T + rv � . ' . 0 . .'.— ., % u . ,,0 1EREL `P - . '�'+ i' CFS PEGIIUTOR °' • _' sER:ic _ I � r r gWv T ter - i ..EN aL es` Eu P.urP - '�n..J iM � _ ARo gr aNOW ., i au'E �R � { E'Pw50 ', ' IG sY00.asE ` Y - : y.�1 ' .. f are., . ,. _ f • 'p PAIN / •� .6 ' ' yi .. { ` ... - t , i y , �', T. 1 ' 404 e,t ' 1; is ' ~� f }I a R- f . 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 There shall be an increase in office space and no net loss of retail space in Wcst Lionsh d 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 Lionsh d Ever Vail and the associated parking will generate significant pedestrian traffic and activity. However, consideration shall be given to how Wcst Lionsh 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 Wcst Lionsh d Ever Vail. A fiscal and economic analysis was completed in December 2010 and is further discussed in section 5.17.9. Depending on the length of phasing, this report may need to be updated. There is approximately 30,000 sq. ft. of office space and 15,000 sq. ft. of retail space within the Glen Lyon Office Building, Cascade Crossings, and Vail Professional Building properties. This office space should be replaced within Ever Vail on the parcel located east of Red Sandstone Creek to provide maximized connectivity of commercial uses to the rest of Lionshead. In order to implement this policy, Ever Vail should include at least 34,000 square feet of office space and 30,000 square feet of retail space. 13 10/4/2011 6 -3 -23 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. - — ---- -= ,y -_-- - = ___ -t om' -- ''' ''-. ' 1 ' 74-114 : r. F ' ` ,T } P '. y "' 1` v„ I 'f i ✓JM1 . ,aY tr;J a 1' r A7 ' ` ` ,,,9,...,-__,,,,o, -- - t ,, � +, ` "fi . * , 4 ` #"I , ti 1'< ,- . w % r '- A\ ^ ( r .vi,./ ---...- - , .__, _ Figure 5 -23: Conceptual Bulk and Mass of Ever Vail The overall development program for Ever Vail is envisioned to contain the following land uses: Use Number Range of Square Feet (gross) Dwelling Units 350 -450 500,000- 800,000 Accommodation Units 100 -120 90,000- 100,000 Employee Housing Units 35 -45 40,000- 60,000 Office 1 -6 establishments 30,000- 40,000 Retail 5 -10 establishments 30,000- 35,000 Eating and Drinking Establishment 3 -6 establishments 20,000- 30,000 Spa 1 -2 establishments 8,000- 15,000 Skier Services / Recreation Facility 1 -2 establishments 10,000- 15,000 Ever Vail west of Red Sandstone Creek should be a residential neighborhood devoid of extensive retail or restaurant uses. However, several non - residential uses should be located on the west side, including, but not limited to, public parking, a space for community recreational activities, a children's ski program meeting area, and other ancillary resort related uses. The concentration of residential land uses on the west side of Ever Vail will serve as a population base for the commercial components within the east side of Ever Vail and for other commercial core areas. 14 10 / 4 /2011 6 -3 -24 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 public amenities. Portions of Red Sandstone Creek and Gore Creek should be enhanced with the preservation of wetland areas and enhancements to make these areas an amenity of Ever Vail and the Town (see figure 5 -24). The project contemplates preservation of large trees where possible and the relocation of others where practical (see figure 5 -24a). Rcd Sandstone Crcck and Gore Crcck abut thc Glen Lyon Office Building site, former gas station site, Holy Cross site and thc Vail Professional Building site. Any redevelopment of these parcels should consider how the creeks can be enhanced and madc an amcnity of this rcdcvclopmcnt ar . A substantial stand of mature trccs exists on thc banks of - _ -- , .. • _ . _ e -sh on thc shores. Every cffort shall be taken to preserve thc substantial trees and natural steep slopes along thc banks of both crccks. While the natural riparian corridor of these streams needs to remain protected and preserved, the physical and visual relationships and references between adjacent development and the stream tract should be strengthened. Improved public access and utilization of Gore Creek and Red Sandstone Creek for fishing and other recreational purposes is strongly encouraged to create a catalyst for activity and enjoyment of the streams in furtherance of Policy Objective 2.3.2 and as recommended by section 1.3.3. Enhancements such as streambank stabilization/ beautification, natural stream drop structures, interactive low flow areas and general improvements for wetlands and wildlife habitat are strongly encouraged. Any modification or enhancement to the creek corridor shall be subject to U.S. Army Corp of Engineers and Town of Vail approval. 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. 15 10/4/2011 6 -3 -25 „,.r ; x { f1- y ,. - -, - • ;_„,.. . r4 , . -i s f 1016 'Or IlS olik, r i '', , Aitileim, s” .11 „ +r t a '' n rr _,-- . � w . s 7 • T y - ie ! , , -.-" 7 -.'sel_._,.' .. A ;^: -. 40 _ f ............" GORE C R ... i j Figure 5 -24: Red Sandstone and Gore Creek Improvements 16 10/4/2011 6 -3 -26 - fJ 5 . c ' t r ---,..,-/_ "' - ` F': "3: - id. f i g ° , , �� ` fi )71 � _ , fir i'rf f : x= / - t 1 . , w: 3 g 1 , ,,,,, .„..i., '' 5c,_ J ,- _ \,--- .t. -- -'11 = ' ' ' ' ' ' _ Ilk \ ,' t , 4 .,, ., 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 and the western end of Ever Vail shall express no more than three to four stories before 17 10/4/2011 6 -3 -27 "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. Figure 5 -25: Conceptual Interpolated Grade Plan 18 10/4/2011 6 -3 -28 fr71 � 1rl1 r 1 MAX.AVG. HT. = 71 MAX.AVG. HT.'= 60' f ,. MAX.AVG. HT. = 49' Figure 5 -25a: Conceptual Maximum Average Height Plan fri kilo 036' bu 1 ar r rr MAX. HT. = 82.5' MAX. HT. = 71.5' MAX. HT. = 56' AX. HT. = 60.5' y f� MAX. HT. = 47' MAX. HT. = 42' MAX. HT. = 37 MAX. HT. = 24' Figure 5 -25b: Conceptual Maximum Height Plan 19 10/4/2011 6 -3 -29 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. w _ — ( „4,,L. _ - k4. _ : - .. 1 . . Sri - • �,, �F • r - F '� 3 ; Q� J J �J` . - m .; _ e„ 66 a 2 ,7,_-.- _ .: , ? -) _) -_ f r � � 2:—)c2, '' ,1�� w.o X 0 , .•,2'. ; `4 `i J 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 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 20 10/4/2011 6 -3 -30 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. Figure 5 -25d: Conceptual Landscape Plan 5.17.12.4 Site Coverage 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. 21 10/4/2011 6 -3 -31 i ti {�.y /S ' i „, ,,,. , ., ,. ,„_________ ,._ , ,f iµ , Y� `_ t �' '1 - - -_- - : ._._. Figure 5 -25e: Conceptual Site Coverage 5.21.12 5.17.5Architectural Improvements The architectural design guidelines (Chapter 8) discuss several transition tools that can be used to adapt an existing building to the new character and architectural quality desired for Lionshead. Given the high visibility of the buildings in Wcst 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. Use of flat roof areas, varied roof forms, fenestration may be considered within Ever Vail beyond the limitations permitted in the design guidelines, in accordance with Section 8.3.3.A: Review Criteria for Deviations to the Architectural Design Guidelines for New Development to facilitate solar energy devices, etc. 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. Notwithstanding thc hcight allowanccs of thc undcrlying zonc districts, building hcight and massing shall be rcsponsivc to thc Gorc Crcck and Rcd Sandstonc Crcck corridors, in that buildings shall gradually "stcp down” at thc crock sidcs. Building hcight and massing shall also "stcp down" towards thc Intcrstatc, and at thc wcstcrn cnd of Lionsh ad. Figurc 5 25 providcs a gcncral dcpiction of how building hcight shall gradually lowcr at thc wcstcrn cnd of this study ar . The intent of thcsc hcight 22 10/4/2011 6 -3 -32 standards is that building hcight rcduccs by cntirc floor Icvcls in thc locations as gcncrally dcpictcd on Figurc 5 25. Notwithstanding thc hcight allowanccs dcpictcd on Figurc 5 25, which dcpicts building hcight in an st/ west orientation, building hcight and massing shall also "sic. e _ • _ •_ • e- • e - • _ .e•. Crcck and thc wcstcrn cnd of Lionsh d shall cxprcss no morc than thrcc to four Icvcls bcforc "stepping back" to tallcr building mass. On thc Interstate sidc of this ar , building dcsign shall bc articulated to avoid Iargc cxpanscs of sh r /unbrokcn wall plancs. 5.21.13 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 a LEED ND certification or similar certification program. 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 Considcrations for Glcn Lyon Officc Building sitc Consistcnt with its location at thc wcstcrn cdgc of Wcst Lionsh d and with rcspcct to thc cxtcnsivo frontagc along Gorc Crcck, it is appropriatc to rccognizc ccrtain development limitations and opportunitics rcgardlcss of thc underlying zonc district. 5.17.6.1 Hcight Building hcights shall bc consistcnt with Figurc 5 25, Wcst Lionsh d Building Massing and Hcight Limitations. Notwithstanding thc hcight limitations sct forth in Figurc 5 25, thc maximum hcight for buildings on thc Glcn Lyon Officc Building sitc shall not cxcccd 56 fcct. 5.17.6.2 Rcsidcntial Land Usc and Dcnsity Existing physical improvcmcnts on thc Glcn Lyon Officc Building sitc includc a thrcc story building with 10,829 squarc fcct of general office spacc and a surfacc parking lot. Because of thc potcntial redevelopment including a ski lift and activity ccntcr, it may bc appropriatc to introducc a mix of uscs on sitc. If rcsidcntial uscs arc proposcd, thc use shall bc consistcnt with thc Mastcr Plan goal to incr sc thc numbcr of `Live Bcds' in Lionsh d. Rcsidcntial dcnsity on thc sit° should bc studied and proposcd in a manncr that is compatiblc with thc charactcr and scalc of adjaccnt uscs and Gorc Crcck. in buildings on sitc. If rcsidcntial uscs arc proposcd on thc street Icvcl or first floor, thc vitality of thc pedestrian and bikc cxpericncc shall bc considered along with thc function and charactcr of thc adjaccnt uscs and structurc dcsign. The mixture of land uscs on thc Glen Lyon Offico Building sitc shall maintain a balancc bctwccn rcsidcntial, officc/ commcrcial and rccr tional uscs to scrvc both thc visitor and thc permanent resident. 5.17.6.3 Officc Land Uso Consistcnt with thc Mastcr Plan rcquircmcnt for an incr sc of officc spacc, thc existing 10,829 squarc fcct of officc spacc shall bc replaced and incr scd on sitc. 5.17.6.1 Employcc Housing All (100 %) of thc employee housing rcquircmcnts associatcd with thc Glcn Lyon Officc Building sitc, as rcquircd by thc Vail Town Codc, shall bc mct on sitc. 23 10/4/2011 6 -3 -33 5.17.6.5 Landscapc Prcscrvation & Rclationship to Rcd Sandstonc & Gorc Crcck Thc Glcn Lyon Officc Building sitc bordcrs on thc Rcd Sandstonc Crcck along thc st property linc and thc Gorc Crcck along thc south property linc. Thc rcdcvclopmcnt of thc Glcn Lyon Officc Building sitc should considcr how thc crccks can bc cnhanccd and madc an amcnity of the ar . A substantial stand of maturc trccs cxists on thc banks of thc two crccks, with low lying brush on thc shores. Evcry cffort shall bc takcn to prcscrvc thc substantial trccs and natura4 stccp slopcs along thc banks of both crccks. Whilc thc natural riparian corridor of thcsc str ms nccds to remain protcctcd and prcscrvcd, thc physical and visual rclationships and rcfcrcnccs acccss and utilization of Gorc Crcck and Rcd Sandstonc Crcck for fishing and othcr rccr tiona4 purposcs is strongly cncouragcd to cr tc a catalyst for activity and cnjoymcnt of thc str ms. 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 viablc altcrnativc to rclocating thc cntirc building would bc to rclocatc thc District's officcs and construct "air rights" dcvclopmcnt abovc and around thc tr tmcnt facility. ERWSD property is located within West Lionshead adjacent to Ever Vail. Legal and physical access to ERWSD shall be provided by Ever Vail property owners through Ever Vail to accommodate current uses and future development of the ERWSD property. 24 10/4/2011 6 -3 -34 " EDESTRI.Mialea l3i f COKREDUR - VOL'', &,kNTT TTL)N PT.. AM - I I RE-ALIGN ET) FOREST ROAD CO ECT] jN —4 6 , -°'•''''' . - - .- = .i,- .+'4 ,, - e- .� , E., ■ W rte, x 4,. ti. in 1111:1P '''' .,....11- 1 1, - _- , 11 ' c i.. 6" ..... .g.' ,+ k } �" s ik"F _ , a -2,4'....:,,. w ., .... ..._ Send" _ JO. . lg. ,--11, II like ,4.. 6 L 'k t 44,„, a ,..71:t. 11 \1 1k .. .. It l . l i • :1/46 k „..,44, lino\ Y' ..4,. ._....4 i..... _. .. . ...•.. - ..„.. 4i 4, .... ....i. , y. L 5 .4' t r °# w � REDU i' 'L+- SCOPE VAIL ASSOCIATES sEFoncL v ARE' illi L EhlitoyEE HOUSING 1) .: OPh hrTC PARCEL VAIL ASSOCIATES SF.T2i E F 'YARD "VF'. .fPMF.NT pATa'I(.T°.f . WEST DAY CE a PMLN ?h.) (:L.L. Figum 3.2) -Went Lionsheed arculanon eiliteltective 'A.' - South Frontage Rxud Reyttigoloian Figure 5 -21 to be deleted. 25 10/4/2011 6 -3 -35 RED EST: C. Tr+T ] rr" CO/ 4,14,1'30R ' iINrA .C r.XISTR4G =CREST ROAD COh1 ECTI')N VAIL SANTTATIO T PL hT 10 7— i r 4,,... 5E1'ECE ACCESS R€] _ L , , . ' -' -4': I ' yam a l , ' yr "1' 4 e T Y , ^ 1 ‘1. ..d . IlL - la Z 'r - ---' AII ., l ki .. ..-• ., `7 3. y+ R' • a ti # ° -- * `� .,, L *i fit' L � r • 5 1 Lr- V i -- ' � •,- • ti-... •, . # 3 ,,, ) 1 7 1, .. . a ,, �° F1RON`[`ALGaF -PtOAD �"' ° _ 0 r.' . .4 ' 'P' � PR ICE!] SCOPE V IL ASE.001A1h5 a - ,..{ ' ;Jt' VICE YARD VAJ L ASSOCIATES SERVICE • B CEVELOPMEN T PARCEL p,1,y 1,cir f Vv' P.T .f 15ATNT PA1ZC RC "RE - • ir'' =9l WEST L CIRCLE ' - J -Wit Lir.hrLarrati t'arculanrrrc k.e'B' -South Frontage. ode .Ili ;rute Figure 5 -22 to be deleted. 26 10/4/2011 6 -3 -36 DOSTING FOREST LOAD ALIGNMENT io r PAIL NAN11i. PLAINT , / 1 SERVICE ACCSS ROUTE s z ,,, 111 - - ''' - - 0,../6.--P-ipt_ aR .- ` i .��# 11 p F _ , • ,si b - r. • '..... 1 L ' . .4'� yin. fi � �+I ... � y - �y,yr �. v „ .-= 4 t : i +w t + 1 $•' + '. - :} .$ r � . � - II � � ' w x `' aS I a /4. . f � \ k $ $ L ' 4 la V 1 . 1..":;-.'' \ . ...., •—,..."--1-- ti L qs. , ,-„ -: 1...i. i - f i.. R Fit1C':F SCOW. VAIL ASSOCIATES - SER 111 r EMPLOYEE F1f[IS7NG • , +I P RCs •f., VA!T: ASSOCIATES SERVICE YARD I v •FMEhT[' PARCEL PI D N F AN CHUININIJ ACROSS SOUTH FRUCV IEEE ROAD `° I A.13 EXISTING SOS- FRONTAGE ROAD AUG I Vi L WEST Y LOT DEVELOP PARCEL EXIST JN ST LICINSHEAD CIRCLE ALI1JNNLL1\ noire ¢ -23 -igeRr Lions head Cirri kaial A IPErnatht. ° A' M hih Edging rree Patterw Figure 5 -23 to be deleted. 27 10/4/2011 6 -3 -37 N SORE CREEK R. '1LE n T I al PA POTENTIAL WEST DAV 1,0T FSEVELOP + ,_ Z _ # P j . f • •• r d . ATION '! ''.4,;1/4.1v.' _;°%:',4117.... .' -CA i'''' '''' F _ .. ®__. _ . te e+ ii Far ���FFF ,,, ___.e+ ‘ \ lliNt r V i '°' l i . ,,... 7 . • I a w :km . ... .: . . : „.2 4 ''‘ ,.'' t ' � - RE-AL ND FOREST ROAD �L VAI . P.' , (IRIS. SERVICE YARD D-‘,. •' oPME'vT WEST TR a.NS LTE ■ Q -TRLAN L.O1J1t OR I I PEDESTI N PATH "GREENBELT CONNECT]." ir TO GOTT CPIEK CORRIDOR. WEST LIIDNSEEAD CLRCLE PRIINiARY PED W Figure ..t 24 Figure 5 -24 to be deleted. 28 10/4/2011 6 -3 -38 \ LW 0 / I \ L • Vic' Z in \ y - o Q n ✓ H \ % f � - j - J x \ _ -.- in Q' w \ \ cv w • _ \ o \ X u u 0 . \� a � \ W N N N Q Z u \ H _o V : Q > V LL W r i N of W d `a • u 2 a ' \ ... u o� , .o . Figure 5 -25 to be deleted. 29 10/ 4/2011 6 -3 -39 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 10, 2010 SUBJECT: 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 SUMMARY The applicant, Ever Vail LLC, represented by the Mauriello Planning Group, is requesting a recommendation to the Vail Town Council 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 parcels 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. Staff recommends that the Planning and Environmental Commission forwards a recommendation of approval, with conditions, of the preliminary plan subject to the findings and conditions outlined in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Ever Vail LLC, represented by the Mauriello Planning Group, is requesting a recommendation to the Vail Town Council of a preliminary plan to establish Parcels 1 and 2, Ever Vail Subdivision. The preliminary plan depicts the Colorado Department of Transportation (CDOT) frontage road right -of -way, easements to be granted to the Town, an open space easement over the extents of the Red Sandstone Creek, access easements for the Eagle River Water and Sanitation District site, and the two new parcels. The proposed new parcels are intended to facilitate the redevelopment of this area with the proposed Ever Vail project. A vicinity map of the development site and surrounding area has been attached for reference. (Attachment A). A copy of the proposed preliminary plan (Attachment B) are attached for reference. III. BACKGROUND On February 6, 2007, the Vail Town Council adopted Resolution No. 4, Series of 2007, which implemented amendments changes to the Lionshead Redevelopment Master Plan regarding West Lionshead, including the area now called Ever Vail. 10/4/2011 6 -4 -1 On January 26, 2009, the Planning and Environmental Commission held a work session at which a revised Frontage Road option was presented to both Staff and the Commission which had not been previously shown. The general consensus was that the Frontage Road was moving in the direction of addressing the concerns of the Commission. On February 17, 2009, the Town Council directed Staff and the applicant to proceed with the design of the South Frontage Road which contained certain improvements within a 20 -foot Town of Vail right -of -way. On February 18, 2009, the Design Review Board conceptually reviewed the proposed South Frontage Road and found the concepts presented for the proposed retaining wall and landscaping associated with the relocated South Frontage Road to be aesthetically acceptable with further review at a later date. On March 8, 2009, the Planning and Environmental Commission tabled this application due to concerns expressed by the applicant regarding Staff's recommendation questioning the future ability to shore under what was being proposed as a 20 -foot Town of Vail right -of -way. On March 22, 2009, the Planning and Environmental Commission approved a partial preliminary plan which established the width of the CDOT right -of -way containing the relocated South Frontage Road, the location of the 20 -foot right -of -way, and the location of a 3 -foot signage, lighting, and sidewalk easement. The Planning and Environmental Commission also approved the design and configuration of the relocated South Frontage Road. This partial preliminary plan was endorsed by the Town Council on April 21, 2009, for submittal to CDOT for review. IV. ROLES OF REVIEWING BOARDS Planning and Environmental Commission: Action: The Planning and Environmental Commission is responsible for recommending approval, approval with conditions, or denial of a preliminary plan for a major subdivision. Town Council: The Town Council is the final decision making authority for a major subdivision and the adoption of easements between a private property owner and the Town. Final actions of Design Review Board or Planning and Environmental Commission maybe appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Zoning Code: Title 13: Subdivision Regulations (partial) 13 -2 -2 Definitions 2 10/4/2011 6 -4 -2 PRELIMINARY PLAN: The preliminary drawings described in these regulations indicating the proposed manner or layout of the subdivision to be submitted to the planning and environmental commission for approval. SUBDIVISION OR SUBDIVIDED LAND: A. Meaning: 1. A tract of land which is divided into two (2) or more lots, tracts, parcels, sites, separate interests (including leasehold interests), interests in common, or other division for the purpose, whether immediate or future, of transfer of ownership, or for building or other development, or for street use by reference to such subdivision or recorded plat thereof; or 2. A tract of land including land to be used for condominiums, timeshare units, or fractional fee club units; or 3. A house, condominium, apartment or other dwelling unit which is divided into two (2) or more separate interests through division of the fee or title thereto, whether by conveyance, license, lease, contract for sale or any other method of disposition. 13 -3 Major Subdivisions (in part) 13 -3 -3, Preliminary Plan A. Preliminary Presentation To Planning And Environmental Commission: Consideration of a major subdivision proposal shall be formally considered with a preliminary plan presentation by the subdivider and /or his /her representative(s) to the planning and environmental commission at a regularly scheduled meeting. This preliminary presentation shall be a public hearing according to section 12 -3 -6 of this code. The presentation shall reflect the proposed development for an entire same ownership and shall indicate all adjacent lands owned or under option to the subdivider at the time of subdivision. B. Submittal Requirements: At least thirty (30) days prior to the preliminary plan presentation to the planning and environmental commission, the subdivider shall submit at a scale of one inch equals one hundred feet (1" = 100') or larger, twelve (12) copies of each of the following (exceptions can be granted on individual items by the director of public works or the administrator) to the department of community development: 1. The environmental impact report required. 2. A topographic survey with a north arrow, graphic scale, dimensioned to nearest foot prepared by a Colorado registered land surveyor, shall be submitted including the following information: a. Boundary lines. b. Preliminary proposed lots and blocks with numbers and sizes. c. Easements: location, width and purpose. 3 10/4/2011 6 -4 -3 d. Proposed streets, their widths of right of way and pavement, approximate grades in percentage and center line radii of curves; areas with cuts and fills exceeding six feet (6) and extent thereof. e. Utilities on and adjacent to the tract, including their type, location, size and invert elevations of sanitary sewers, storm drainage facilities and water mains. If utilities are not found on the tract, distance to, direction of, and size and elevations of the nearest utilities should be indicated. f. Contour intervals of no less than two feet (2) if the site is two (2) acres or less; contour intervals of five feet (5) or less if the tract is more than two (2) acres, elevations to be based on USGS datum. g. Drainage conditions on and adjacent to the tract including location and extent of watercourses, areas of 100 -year floodplain (verified by a registered professional engineer in state of Colorado), perpetual drainage easements and location of natural springs and ground water. h. Existing conditions on adjacent land: The area within two hundred feet (200) from each subdivision boundary should be included in the preliminary plan to show its land slope percentage, zoning, location of physical improvements and land uses, owners of said property, division of property into lots or tracts including subdivision names and any significant natural features. The objective of showing how the preliminary plan interfaces with all adjoining properties and uses thereof should be met. i. Existing zoning. j. All areas of forty percent (40 %) slope or greater, and avalanche areas indicated as shaded areas. k. Letters from all applicable utility agencies verifying service. 1. Indications showing that access to the subdivision is via a maintained public road. m. Soil stability analysis. VI. SUROUNDING LAND USES AND ZONING Land Use Zoning North: Interstate 70 No zoning designation East: Mixed -use Lionshead Mixed Use 1 West: Mixed -use SDD No. 4, Cascade Village South: Open Space Natural Area Preservation VII. SITE ANALYSIS The following is a zoning analysis of the development potential of Parcels 1 and 2 as depicted on the Ever Vail Preliminary Plan, if adopted as shown. 4 10/4/2011 6 -4 -4 Legal Description: Parcel 1, Ever Vail Subdivision Land Use Designation: Lionshead Redevelopment Master Plan Lot Size: 318,946.3 sq. ft./7.322 acres Development Standard LMU -2 Lot Area: 10,000 sq. ft. min. Setbacks: 10 ft. all sides Height: 82.5 ft. max. 71 ft. average Density Control: 256 DUs, unlimited AUs, FFUs, EHUs GRFA: 724,402.8 sq. ft. (based upon 289,761 sq. ft. buildable site area) Site Coverage: 223,262.4 sq. ft. (70 %) Landscaping: 63,789.3 sq. ft. (20 %) Parking Per Chapter 10 of the Zoning Regulations Legal Description: Parcel 2, Ever Vail Subdivision Land Use Designation: Lionshead Redevelopment Master Plan Lot Size: 230,650.2 sq. ft./5.295 acres Development Standard LMU -2 Lot Area: 10,000 sq. ft. min. Setbacks: 10 ft. all sides Height: 82.5 ft. max. 71 ft. average Density Control: 185 DUs, unlimited AUs, FFUs, EHUs GRFA: 476,387.5 sq. ft. (based upon 190,555 sq. ft. buildable site area) Site Coverage: 161,455.1 sq. ft. (70 %) Landscaping: 46,130 sq. ft. (20 %) Parking Per Chapter 10 of the Zoning Regulations 5 10/4/2011 6 -4 -5 VIII. APPLICATION CRITERIA AND FINDINGS Before recommending approval, approval with conditions, or disapproval of the limited elements proposed for the preliminary plan at this hearing, the Planning and Environmental Commission shall consider the following criteria with respect to the proposed subdivision: 1. The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Staff Response: The redevelopment of the properties comprising Ever Vail began in early 2006, with the start of public meetings and hearings to discuss incorporation of several parcels into the Lionshead Redevelopment Master Plan. In early 2007, Town Council adopted, through resolution, the amendments to the Master Plan that evolved over a year of public process. The preliminary plan is the first step in implementing the applicable portions of the Lionshead Redevelopment Master Plan. This preliminary plan, if approved, establishes the CDOT frontage road right -of -way, a 20 -foot wide Town of Vail right -of -way, a 3 -foot wide signage, lighting, and sidewalk easement, an open space easement over the extents of the Red Sandstone Creek, an access easement for the ERWSD site, and the creation of two new parcels. Staff has reviewed the proposed preliminary plan and found it to be in compliance with the applicable elements of the Vail Comprehensive Plan. With regard to the Vail Land Use Plan, Staff believes that the preliminary plan will: • allow the Town to "continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident" by establishing the parcels necessary to implement the recommendations of the Lionshead Redevelopment Master Plan; • protect the "environment including air, water and other natural resources.", through the a proposed open space easement and establishment of a development plan which is anticipating LEED certification; • improve the "quality of development" and become "upgraded" from the light industrial nature of the properties as new parcels will be of a size and configuration to accommodate a subterranean snow cat maintenance yard and parking as recommended in the Lionshead Redevelopment Master Plan; • protect the "stream tract" as it is a "desirable land feature" which should be available for "public use", by establishing an open space easement over the extents of Red Sandstone Creek; • create partnership opportunities "to make existing facilities and the Town function more efficiently" by establishing a more efficient frontage road design incorporating a round -about and the frame work for the eventual construction of a Simba Run underpass; and 6 10/4/2011 6 -4 -6 • create an opportunity to address "Day skier needs for parking and access" by establishing parcels of a size to construct an efficient subterranean parking structure as recommended in the Lionshead Redevelopment Master Plan. The Lionshead Redevelopment Master Plan prescribes a number of policy objectives. With regard to the Lionshead Redevelopment Master Plan, Staff believes that the preliminary plan will: • result in a "warmer, more vibrant environment for guests and residents" with an "appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character "; • "enhance guest experience and community interaction through expanded and additional activities and amenities'; • allow for "improved occupancy rates and the creation of additional bed base ( "live beds" or "warm beds) through new lodging products" by including "live beds in the form of accommodation units, fractional fee club units, lodge dwelling units, timeshare units, attached accommodation units (Le, lock -off units), or dwelling units which are included in a voluntary rental management program and available for short term rental "; • improve "pedestrian, vehicular, bicycle and mass transit traffic", through the redevelopment of a comprehensive site which can accommodate an adequate transportation center including skier drop -off; • allow for upgraded infrastructure "to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents'; and • allow for "Financially creative and fiscally realistic strategies" to raise "adequate capital...to fund desired private and public improvements ", by the implementation of a Tax Increment Financing District for projects such as Simba Run underpass. With regard to the policy objectives of the Town of Vail Comprehensive Open Lands Plan, the preliminary plat will implement the recommended action identified for Parcel 19: Unplatted Vail Village, 2n Filing (Holy Cross Lot) which is the acquisition of a "conservation easement' on the area surrounding Red Sandstone Creek to "protect trees and stream." The rezoning of Parcels 1 and 2 is conditioned upon the recording of the Ever Vail Subdivision Final Plat. Staff believes the proposed preliminary plan complies with this criterion. 2. The extent to which the proposed subdivision complies with all of the standards of this title, as well as, but not limited to, Title 12, "Zoning Regulations ", of this code, and other pertinent regulations that the planning and environmental commission deems applicable; and Staff Response: The preliminary plan has been reviewed for compliance with all requirements of Chapter 13- 3, Major Subdivision, Vail Town Code. The two new parcels proposed within the Ever Vail Subdivision comply with the proposed Lionshead Mixed Use 2 District zoning should the commission choose to forward a recommendation of approval for a rezoning. Section VII of this memorandum provides a zoning analysis of the two proposed parcels. 7 10/4/2011 6 -4 -7 Staff believes the proposed preliminary plan being reviewed under this action complies with this criterion. 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Staff Response: The preliminary plan is the first step in establishing Parcels 1 and 2 of the Ever Vail Subdivision. The Lionshead Redevelopment Master Plan and the proposed Lionshead Mixed Use 2 District zoning on the parcels will result in a harmonious, convenient, and workable relationship among adjacent land uses. All future development plans will be reviewed and approved for their compliance with the provisions of the Lionshead Redevelopment Master Plan which reflect in the community's development objectives which will result in harmonious, convenient, and workable relationships among land uses within Ever Vail and the adjacent properties. Staff believes the proposed preliminary plan complies with this criterion. 4. The extent of the effects on the future development of the surrounding area; and Staff Response: The redevelopment of the area known as Ever Vail will be of a scale which will have significant effects on the area. However, this development is located on the western edge of the Lionshead Core which contains several large scale projects. To the west of the proposed project is a distance of no development until the eastern edge of the Cascade Village development. The Eagle River Water and Sanitation District (ERWSD) waste water treatment plant is located on the southeast corner of the proposed Ever Vail Subdivision. Representatives from the ERWSD have expressed concern about the effects of their waste water treatment process on future development adjacent to their site. They have requested that the documents associated with any development in proximity to the treatment plant discloses the nature of their facility and potential odor impacts. The purpose of the disclosure is to place property owners on notice of potential negative impacts. A copy of this letter is attached for reference (Attachment C). Staff believes that the effects of the proposed Ever Vail redevelopment will be positive to the surrounding areas as it will be a continuation of Lionshead and will provide for mixed -use development as regulated within the proposed Lionshead Mixed Use 2 District. The Lionshead Redevelopment Master Plan includes language requiring the stepping down of any proposed buildings on the site. This language was included to address the potential negative effects of allowing structures to achieve heights otherwise permitted within the Lionshead Mixed Use 2 District. The preliminary plan and associated Lionshead Mixed Use 2 District zoning in conjunction with the recommendations and regulations contained within the Lionshead Redevelopment Master Plan will result in positive impacts to surrounding properties. Staff believes the preliminary plan complies with this criterion. 8 10/4/2011 6 -4 -8 5. The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and Staff Response: The proposed preliminary plan will result in the subdivision of land that accomplishes goals found within the Vail Comprehensive Plan. The proposed preliminary plan will not result in a in a "leapfrog" pattern or spatial patterns that causes inefficiencies in the delivery of public services, or requires duplication or premature extension of public facilities. The proposed Ever Vail Subdivision will plat existing properties which are currently developed and provided public services and utilities. Staff believes the proposed preliminary plan complies with this criterion. 6. The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines; and Staff Response: Per the requirements of 13 -3 -3C, Preliminary Plan, Vail Town Code, Staff sent a cover letter and attached plans to all the reviewing agencies identified within the Code. Per Vail Town Code the agencies were given 15 days to make recommendations or comment. Holy Cross Energy provided a comment regarding the location of their utility lines within Town right -of- way or within private easements, but in no case within the CDOT right -of -way. The applicant and staff are aware of this requirement and the applicant is prepared to provide private easements to all utilities which will have service lines within Ever Vail. ERWSD provided several comments and concerns. The applicant has met with ERWSD since receiving their letter to address their concerns and has included the access easement to the site on the preliminary plan. With the relocation of the South Frontage Road West and the potential for extensive subterranean improvements on the two new parcels most if not all of the utilities will be relocated, upgraded, and resized to accommodate the growth proposed within Ever Vail. Staff and the applicant's representatives have been working closely with several of the utility companies throughout the adoption of the amendments to the Lionshead Redevelopment Master Plan and through this process and the availability of services does not appear to be of concern for the utility companies. Staff believes the proposed preliminary plan complies with this criterion. 7. The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and Staff Response: The proposed preliminary plan will result in the growth of an orderly viable community that serves the best interests of the community as it will accomplish multiple goals found within the Vail Comprehensive Plan. The incorporation of the properties found within Ever Vail into the Lionshead Redevelopment Master Plan resulted in amendments which identified the potential future redevelopment on the site with the ability to anticipate impacts and serve the interests of the community. 9 10/4/2011 6 -4 -9 The Town of Vail Public Works Department supports the layout of the South Frontage Road right -of -way and easement. The roadway design is consistent with the Vail Transportation Master Plan regarding the various modes of travel. The design accommodates the future Simba Run Underpass and provides flexibility in the final location of the actual underpass. The east roundabout configuration has been designed to handle additional capacity improvements if needed in the future. The proposed road design has been in the CDOT review process for nearly a year and has been moving though that process. Staff believes the proposed preliminary plan complies with this criterion. 8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and Staff Response: The proposed preliminary plan and the possible redevelopment of the area will result in improvement and protection for Red Sandstone Creek and the incorporation of green building techniques within the project. The proposed redevelopment is anticipated to incorporate LEED design standards and other green building techniques. The preliminary plan depicts an open space easement placed over Red Sandstone Creek. The boundaries of this easement are proposed to be the extents of the 100 -year flood plain for the creek as modified as a result of the new South Frontage Road West bridge and improvements to the creek. A floodplain modification application will be reviewed by the Planning and Environmental Commission at a future hearing. The applicant has provided a document highlighting the intent behind the language which will be included within the open space easement which is attached for review (Attachment D). The applicant had an Environmental Impact Report prepared which identified both positive and negative impacts associated with the proposed Ever Vail project. The report highlights the greatest negative impact as being the results of construction on the site including noise, traffic, dust, vehicle emissions, and sedimentation. The plan identifies that this impacts are temporary and many can be mitigated through best management practices with regard to run -off from the site. The plan identifies that development comes with these impacts and the location of the development will result in long term benefits such as increased walkability and connectivity through the site to adjacent development. The plan highlights the need to utilize native plant species in the restoration and improvement of Red Sandstone Creek. Staff believes the proposed preliminary plan complies with this criterion. 9. Such other factors and criteria as the commission and /or council deem applicable to the proposed subdivision. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval with conditions the 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 10 10/4/2011 6 -4- 10 description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to recommend approval with conditions of the preliminary plan, the Community Development Department recommends the Commission makes the following motion: "The Planning and Environmental Commission forwards a recommendation of approval with conditions of the request for review of a preliminary plan for the Ever Vail 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." Should the Planning and Environmental Commission choose to recommend approval with conditions of the preliminary plan, the Community Development Department recommends the Commission make the following findings: "Based upon the review of the criteria outlined in Section Vlll of the January 10, 2011 staff memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The applicant has proven by a preponderance of the evidence before the Planning and Environmental Commission that the preliminary plan is in compliance with the criteria listed in Subsection A of this section; and, 2. The subdivision is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and, 3. The subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, 4. The subdivision promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." Should the Planning and Environmental Commission choose to approve this preliminary plan, the Community Development Department recommends the Commission apply the following 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. 11 10/4/2011 6 -4- 11 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. 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." X. ATTACHMENTS A. Vicinity Map B. Copy of the proposed preliminary plan C. Eagle River Water and Sanitation District letter, dated January 5, 2011 D. Open Space Easement Intent Memorandum, dated January 4, 2011 12 10/4/2011 6 -4- 12 y g `� J j v im.. } ; 5 Y r } fi1 ' \` +� 1. ' ,�Y. • ry V .,� / k � 1 � w ,P 1 Q ` i ce. + y 1 t� 4 ] �{� 'tl l * „ , 1 , a 1. �, ° E O A •_(2. •. W tl , 1 w • } 4 ,. ! • r X43' h�i ;. \ \ } 1 0 . � .._ 3 k.,, - r 0 f " cir CD Cr w \ . ' ( - ■ ■ 1 1 t" 0 ,.. ..„ .0.‘, . ., .. ....: ,,:,,N ` \ > Lam 06 y Q a a " �'�'ay CD b \ r1 d . (71 V CA ' \\.\•'., 1 N j Z CO U1 N N 41 Q cr ,z '. F i N U1 N al O \ \\ \ \ a C? , . N X X N c 0 a a \ ' (7 v ❑ Cr) l6 CO d ❑ . C c C w a u ` a o c. O ,s "6 C C F '6 7 0 N .�. •\ .... . . \ \ \ ,',. ....‘ \ '.. .",',..,- ' ....1. . ..: .., •E _ N o 0 0 io m u 4... .:.,...., . 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Q 10 d i.) 0 y � 4- 1�� 5 v \ co a a a \�$ \ 1/ Q N co N y -� \ Q 4 'o. o c , 0 W� c \ co M in e 6 < in � v w rn o O \ < (N,- 0 Z JJ UJ Lu Li - N Q N N O CO N �z C� J J J w 0 ro O LO N N r'� O 10/4/201 o f U U U J m r7 N O 00 I� N CC 0 0 < O N n , ;n r7 r7 in 6-4-15 \ o Q Q Q O (Y CO (i) m CO O s (b CO All/Pf EAGLE RIVER WATER & SANITATION DISTRICT ANY 846 Forest Road • Vail, Colorado 81657 (970) 476 -7480 • FAX (970) 476 -4089 www.erwsd.org January 5, 2011 Mr. Warren Campbell Department of Community Development Town of Vail 75 South Frontage Road Vail, CO 81657 Subject: Ever Vail Dear Warren, Thank you for the opportunity to comment on the Ever Vail applications (regarding the proposed amendment to Special Development District No. 4, Cascade Village, zone district boundary amendment, and preliminary plan) submitted by Vail Resorts Development Company (VRDC). We have reviewed the Town's referral package and we are currently working with VRDC to determine the conditions necessary to provide water and wastewater service to the proposed Ever Vail development. The proposed development is currently being processed through the Eagle River Water & Sanitation District's (District) Development Approval Process, which for this proposed development will include: • Determination of water rights dedication requirements; and • Determination of treated water storage requirements; and • District Infrastructure Acceptance Procedure, which 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 will have on existing water and wastewater systems, including the capacity and function of distribution, collection, and treatment facilities, and operations and maintenance impacts. 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 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. The physical relationship of Ever Vail to the District's Vail Waste Water Treatment Plant (VWWTP) and its future Vail Drinking Water Facility (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 make any and all approvals of Ever Vail subject to the following conditions: WATER, WASTEWATER, OPERATIONS & MANAGEMENT SERVICES 10/4/2011 Page 1 of 3 6 -4- 16 Mr. Warren Campbell January 5, 2011 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 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 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. 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 these concepts be documented in (a) 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 (b) 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. This coordination of approvals between our two entities will assure that water rights and the water and wastewater service issues, including those listed above, are resolved before construction on the proposed development proceeds. Page 2of3 10/4/211 6 -4- 17 Mr. Warren Campbell January 5, 2011 5. Creation of setbacks necessary to ensure that future construction on our 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; 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. 7. VRDC provide the District with easements 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 the west or creates a sewer collection system leading to a down valley plant. 8. The District be treated 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 Ever Vail 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 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 of Vail. Because of the complex nature of this project's application and the importance of the District's concerns to the community, we suggest a meeting between the District and Town staffs to review issues of mutual concern. Again, thank you for the opportunity to provide input in the Town's review of this proposed development. Sincerely, v--eE,a \e„,1 nn Broo A ssistant General Manager Eagle River Water & Sanitation District cc: Dennis Gelvin Diane Johnson Jim Collins Glenn Porzak Kevin Kelley Tom Miller Page 3 of 3 10/4/2011 6 -4- 18 u I ;lel Mauriello Planning Group MEMORANDUM TO: Warren Campbell, Chief of Planning FROM: Mauriello Planning Group DATE: January 4, 201 I RE: Red Sandstone Creek — Proposed Open Space Easement Below is the criteria and intent for the open space easement for Red Sandstone Creek. We envision these criteria and restrictions being incorporated in a formal easement document at final plat. • The open space easement will generally follow the proposed 100 -year flood plain line as proposed by the application (i.e., after the 100 -year line is revised); • The easement is provided to the Town of Vail and is intended to allow public access to the easement area and creek for recreational purposes including walking, fishing, and similar recreational activities consistent with the use of open space; • The easement also will allow the Applicant the right to utilize the property for grading, drainage improvements, utilities, bridges, footpaths, benches, signage, maintenance and other resort oriented activities; • The Applicant retains the right to restrict public access occasionally for special events and maintenance /restoration of the easement area subject to coordination with the Town of Vail; • The area included in the open space easement will count towards the area in the overall project site for all zoning purposes under the Vail Town Code; and • The applicant and the Town of Vail shall work cooperatively to document any use restrictions to be included in the easement. post office box 1 127 avon, colorado 81620 970.376.3318 dominic @mpgvail.com www.mpgvail.com 6 -4- 19 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 10, 2011 SUBJECT: 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, rezone Parcels 1 and 2 of the Ever Vail Subdivision to the Lionshead Mixed Use 2 District, located at located at 862 (Vail Resorts Maintenance Shop), 923 (Holy Cross Lot), 934 (Amoco /BP), 953 (Vail Professional Building), 1000 (Glen Lyon Office Building) and 1031 (Cascade Crossing) South Frontage Road West, and portions the South Frontage Road West right -of -way (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080061 and PEC090036) Applicant: Ever Vail, LLC, represented by the Mauriello Planning Group, LLC Planner: Warren Campbell SUMMARY The applicant, Ever Vail, LLC, represented by the Mauriello Planning Group, LLC, is requesting a recommendation to the Vail Town Council on a proposed major amendment to Special Development District (SDD) 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 is requesting a recommendation to the Vail Town Council to rezone Parcels 1 and 2, Ever Vail Subdivision, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to Lionshead Mixed Use 2 District. The request to remove Development Area D (Glen Lyon Office Building) from SDD No. 4 is necessary to allow the lot to be combined with the former Amoco /BP gas station site, Cascade Crossing, the Vail Professional Building, the Holy Cross Lot, the Vail Resorts Maintenance Yard, and portions of South Frontage Road West right -of -way which is to be abandoned. The assemblage of these sites listed above will permit the applicant to establish two new parcels within a new subdivision, thus creating a development site for Ever Vail. The requested rezoning shall not become effective, if approved, without the approval of the major amendment to the SDD and the recording of the Ever Vail Subdivision Final Plat. Upon review of the applicable elements of the Town's planning documents and adopted criteria for review, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with conditions, of the request for a major amendment to Special Development District (SDD) No. 4, Cascade 10/4/2011 6 -5 -1 Village, and a recommendation of approval with conditions, for the zone district boundary amendment to establish Lionshead Mixed Use 2 District zoning on Parcels 1 and 2, Ever Vail Subdivision. Staff's recommendations are based upon the review of the established criteria provided in Sections VIII and IX of this memorandum and the evidence and testimony which was received. II. DESCRIPTION OF THE REQUEST Special Development District Amendment The applicant is requesting a recommendation to the Vail Town Council on a proposed major amendment to SDD No. 4, Cascade Village, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to remove Development Area D, Glen Lyon Office Building (GLOB) from the SDD. The removal of the GLOB property from SDD No. 4 facilitates its incorporation into the proposed Ever Vail development site. A vicinity map (Attachment A) and a draft amending ordinance are attached for reference (Attachment B). Zone District Boundary Amendment The applicant is also requesting a zone district boundary amendment to amend the Official Zoning Map of the Town of Vail whereby multiple properties combined into Parcels 1 and 2 of the proposed Ever Vail Subdivision would be zoned Lionshead Mixed Use 2 District. If approved, this rezoning of Parcels 1 and 2 shall occur only after recording of the Ever Vail Subdivision Final Plat. Copies of a site plan depicting the proposed Ever Vail Subdivision and the existing zoning on the parcels (Attachment C) and the proposed Lionshead Mixed Use 2 District zoning (Attachment D) are attached for reference. The applicant's application document entitled "Ever Vail" dated revised December 21, 2010 (Attachment E) is attached for review. III. BACKGROUND • The Vail Resorts Maintenance Shop was annexed into the Town of Vail by Ordinance No. 8, Series of 1969, which became effective on August 23, 1969. • The Holy Cross Lot, Vail Professional Building, Cascade Crossing, and former gas station sites were annexed into the Town of Vail by Ordinance No. 26, Series of 1975, which became effective on December 16, 1975. • On December 11, 2006, the Planning and Environmental Commission forwarded a recommendation of approval for amendments to the Lionshead Redevelopment Master Plan to include the Vail Professional Building and Cascade Crossing parcels within the Master Plan boundaries and to amend the recommendations for the area known as "West Lionshead ". • On February 6, 2007, the Vail Town Council adopted Resolution No. 4, Series of 2007, which implemented the changes to the Lionshead Redevelopment Master Plan regarding West Lionshead and the area know as Ever Vail. • On September 24, 2007, the Planning and Environmental Commission forwarded a recommended approval of the preliminary plat by a vote of 6 -0 -0. This application 2 10/4/2011 6 -5 -2 was subsequently withdrawn by the applicant while it was in the Town Council review process. • On October 22, 2007, the Planning and Environmental Commission forwarded a recommendation of approval on the proposed rezoning of the two new parcels proposed to be established in the Ever Vail Subdivision by a vote of 5 -1 -0 (Cleveland opposed). This application was subsequently withdrawn by the applicant while it was in the Town Council review process. • On August 11, 2008, the Town of Vail Planning and Environmental Commission voted 4 -0 -1 (Viele recused) to forward a recommendation of approval of Resolution No. 19, Series of 2008, for the Vail Land Use Plan map amendment to allow for a change in the land use designation from Community Office to Lionshead Redevelopment Master Plan for the Glen Lyon Office Building site. On September 2, 2008 the Vail Town Council approved Resolution No. 19, Series of 2008, described above. The motion passed 4 -3 -0, with Foley, Hitt and Rogers dissenting. • On December 8, 2008 the Town of Vail Planning and Environmental Commission voted 5 -0 -1 (Viele recused) to forward a recommendation of approval to the Vail Town Council for Resolution 26, Series of 2008, which included amendments to the Lionshead Redevelopment Master Plan to incorporate the GLOB within the document. On February 3, 2009 the Vail Town Council adopted Resolution No. 26, Series of 2008, by a vote of 5 -1 -0 (Foley opposed). • On March 22, 2009, the Planning and Environmental Commission approved a partial preliminary plan which established the 1 -70 right -of -way. This partial preliminary plan was endorsed by the Town Council on April 21, 2009, for submittal to CDOT for review. IV. ROLES OF REVIEWING BOARDS Major Amendment to a Special Development District Planning and Environmental Commission: The PEC shall review the proposal for and make a recommendation to the Town Council based upon the findings made on the criteria located in Chapter 12 -9A, Special Development District, Vail Town Code. Town Council: The Town Council takes into consideration the PEC's recommendation when reviewing an application for a special development district and is responsible for final approval /denial of an SDD. The Town Council shall review the proposal and approve /approve with conditions /deny the application based upon the findings made on the criteria located in Chapter 12 -9A, Special Development District, Vail Town Code. Rezoning /Zone District Boundary Amendment Planning and Environmental Commission: The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal and make a recommendation to the Town Council on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. Town Council: 3 10/4/2011 6 -5 -3 The Town Council is responsible for final approval /denial of a zoning /rezoning. The Town Council shall review and approve the proposal based on the compatibility of the proposed zoning with surrounding uses, consistency with the Vail Comprehensive Plans, and impact on the general welfare of the community. V. APPLICABLE PLANNING DOCUMENTS Lionshead Redevelopment Master Plan (in part) Chapter 2 — Introduction (in part) 2.3 Policy Objectives The Town Council adopted six policy objectives on November 4, 1996 to outline the important issues to be addressed in the master plan and to provide a policy framework for the master planning process. 2.3.1 Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2.3.2 Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. 2.3.3 Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ( "live beds" or "warm beds') through new lodging products. Live beds and warm beds are best described as residential or lodging rooms or units that are designed for occupancy by visitors, guests, individuals, or families on a short term rental basis. In order to improve occupancy rates and create additional bed base in Lionshead, applications for new development and redevelopment projects which include a residential component shall provide live beds in the form of accommodation units, fractional fee club units, lodge dwelling units, timeshare units, attached accommodation units (i.e, lock -off units), or dwelling units which are included in a voluntary rental management program and available for short term rental. Further, it is the expressed goal of this Plan that in addition to creating additional bed base through new lodging products, there shall be no net loss of existing live beds within the Lionshead Redevelopment Master Plan study area. 2.3.4 Improved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. 4 10/4/2011 6 -5 -4 2.3.5 Improved Infrastructure The infrastructure of Lionshead (streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. 2.3.6 Creative Financing for Enhanced Private Profits and Public Revenues Financially creative and fiscally realistic strategies must be identified so that adequate capital may be raised from all possible sources to fund desired private and public improvements. Chapter 4 — Recommendations — Overall study Area (in part) 4.1.5 West Lionshead - Residential/ Mixed - Use Hub West Lionshead includes the Vail Associates Service Yard, Holy Cross site, Vail Professional Building site, Cascade Crossings site, Glen Lyon Office Building site, former gas station site and the Eagle River Water and Sanitation site. This area of Lionshead is generally under utilized and from an aesthetic standpoint is not in keeping with what the Town would like to see Lionshead become as it redevelops in the coming years. The Town of Vail does place a high value on maintaining the office and retail areas in West Lionshead and any redevelopment should reasonably increase the square footage of existing office and have `no net loss" of retail square footage in West Lionshead. With their recent acquisition of additional properties in this area, Vail Resorts has the opportunity to bring lift service to this part of Lionshead. Lift service brings with it great potential for the re- development of this area and in doing so expand all of Lionshead to the west with improved pedestrian connections, new retail and office activity and other improvements. While lift access will certainly energize this area during the winter months, attention should be given to creating a year -round attraction within this area of Lionshead (see detailed plan recommendations in Chapter 5) The master plan recommends that this hub become a residential/ mixed use area with an emphasis on meeting the needs of both the local community and our guests. Appropriate uses could include high density residential development, lodging, community and visitor based office and retail space, employee housing and parking, bus or transit functions and a ski lift connection to Vail Mountain. The catalyst for this mixed use hub is ski lift access to Vail Mountain. Consideration should be given to integrating employee housing into the redevelopment of West Lionshead in accordance with the Town's employee housing policies and regulations. To the extent possible development patterns in this area should reflect north -south orientation of buildings, visual penetrations to the mountain, and a pedestrian oriented environment. The degree of north -south building orientation maybe difficult given the relatively narrow east -west orientation of this area. In addition, the introduction of ski lift access in this location creates a catalyst fora structured public 5 10/4/2011 6 -5 -5 parking facility. All service and delivery demands created by development in this area shall be accommodated on -site. The site will continue to accommodate the existing and potentially expanded functions of the Vail sanitation plant. The mountain service yard could be reduced in size, as some functions can be moved to less central locations. It may also be possible to relocate the entire mountain service yard to a new location in the West Lionshead area which would allow for greater flexibility in the redevelopment of this site. However as the area develops it is critical that new uses be connected to the primary pedestrian corridors and that they be served by the Town of Vail in -town transit system. Chapter 5 — Detailed Plan Recommendations (in part) 5.17 West Lionshead West Lionshead includes the Vail Associates Service Yard, Holy Cross site, Vail Professional Building site, Cascade Crossings site, Glen Lyon Office Building site, former gas station site and the Eagle River Water and Sanitation site. 5.17.1 South Frontage Road Improvements and Vehicular Access Planning for West Lionshead must consider two different scenarios: the realignment of South Frontage Road and its retention in the existing alignment. While the introduction of lift service is viable in either of these Frontage Road alternatives, site design will vary depending upon what happens to the Frontage Road alignment. See Figures 4 -9a, and 4 -9b for the Frontage Road realignment alternatives. Notwithstanding these different Frontage Road scenarios, there should be an increase of existing office square footage and "no net loss" of retail square footage as a result of the redevelopment of these parcels. Furthermore, service and delivery for West Lionshead shall occur underground or be hidden from public view. Service and delivery truck turning maneuvers should not negatively impact traffic flow on the South Frontage Road. With a realignment of vehicular access points, attention should be given to the location of service and parking areas. a. Retention of Existing Frontage Road Alignment If the Frontage Road remains in its current location the Maintenance Yard /Holy Cross parcels, the Vail Professional Building site, and /Cascade Crossing and the Glen Lyon Office Building site all remain viable development sites. The most viable site for a public parking facility would be the Maintenance Yard /Holy Cross parcels. While other lift locations are feasible, the old gas station site is a viable location fora base terminal. This location would require a grade separated pedestrian crossing over the Frontage Road to the Maintenance Yard /Holy Cross parcels. A strong east - west oriented pedestrian corridor with ground floor retail uses would be necessary to create a strong connection between this area and the rest of Lionshead. Under this Frontage Road scenario the Vail Professional Building site and Cascade Crossing could be developed as a contiguous parcel. 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 sites. Possible opportunities for improvements may include, an improved mass transit stop, 6 10/4/2011 6 -5 -6 relocated /reduced /shared points of entry/exiting, restricted access points, acceleration/ deceleration lanes, greater sight distances, dedicated turning lanes, landscaped medians and skier drop -off. In the redevelopment of Cascade Crossing and the Glen Lyon Office Building site under the current configuration of the Frontage Road, the bus stops in front of said properties shall be enhanced with, for example, shelters, benches, and landscaping. Pedestrian connections shall be improved from the bus shelters, across the South Frontage Road and to and from the surrounding buildings to provide safe and attractive pedestrian crossing and connections. Improvements may include crosswalks, walkways, pedestrian crossing warning lights, medians, and signage. b. Frontage Road Realignment The greatest benefit of this realignment alternative is that it results in one very large and contiguous development parcel and in doing so integrates the Maintenance Yard /Holy Cross site with the West Day Lot by removal of the barrier created by the existing Frontage Road alignment. It also creates the best pedestrian environment 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 alternative the most viable site for a public parking facility would still be the Maintenance Yard /Holy Cross parcels. With the re- location of the Frontage Road lift access out of the old gas station site would not require a grade separated pedestrian crossing to the Maintenance Yard /Holy Cross parcels. However, a grade separated crossing over the Red Sandstone Creek would be needed to link the Holy Cross site with the Vail Professional Building site. This alternative would also present the opportunity for enhancing Red Sandstone Creek to make it more accessible to the community and an aesthetically pleasing water feature. Enhancements might include; streambank stabilization/ beautification, natural stream drop structures, interactive low flow areas and general improvements for wetlands and wildlife habitiat. Any modification or enhancement to the creek corridor would be subject to U.S. Army Corp of Engineers approval. A strong east - west oriented pedestrian corridor with ground floor retail uses would be necessary to create a strong connection between this area and the rest of Lionshead. 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 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. 5.17.2 Pedestrian and Bike Access As compared to a separate, free - standing portal, West Lionshead 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. 7 10/4/2011 6 -5 -7 Streetscape improvements including bike lanes or trails and sidewalks should be incorporated in any redevelopment along West Lionshead Circle and the South Frontage Road to improve the viability of mixed uses in West Lionshead. Improvements to street lighting, walking surfaces, trails, seating areas and public art that facilitate safe and attractive pedestrian and bike movement are strongly encouraged. Said improvements may necessitate the need for access easements through the sites. In the redevelopment of West Lionshead, pedestrian and bike connections shall be made to integrate with the rest of Lionshead and Cascade Village. There is an existing recreation path that runs across the southwest corner of the Glen Lyon Office Building site. If the site redevelops the recreation path shall be enhanced to meet town recreational path standards and to provide a safe and attractive pedestrian and bike experience. The improvements shall include a public easement over the path where necessary. 5.17.3 Preservation of Existing Office and Retail Space There shall be an increase in office space and no net loss of retail space in West Lionshead. Opportunities for increasing the square footage of office and retail beyond the existing conditions in West Lionshead shall be evaluated during the development review process. Currently, West Lionshead offices and businesses offer a variety of local services and amenities, which is important to preserve with the redevelopment of West Lionshead. During the winter months, the proposed ski lift in West Lionshead and the associated parking will generate significant pedestrian traffic and activity. However, consideration should be given to how West Lionshead 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 West Lionshead. 5.17.4 Relationship to Red Sandstone Creek and Gore Creek Red Sandstone Creek and Gore Creek abut the Glen Lyon Office Building site, former gas station site, Holy Cross site and the Vail Professional Building site. Any redevelopment of these parcels should consider how the creeks can be enhanced and made an amenity of this redevelopment area. A substantial stand of mature trees exists on the banks of the two creeks, with low lying brush on the shores. Every effort shall be taken to preserve the substantial trees and natural steep slopes along the banks of both creeks. 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. 8 10/4/2011 6 -5 -8 5.17.5 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 Lionshead 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. 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 and the Vail Spa. Notwithstanding the height allowances of the underlying zone districts, building height and massing shall be responsive to the Gore Creek and Red Sandstone Creek corridors, in that buildings shall gradually "step down" at the creek sides. Building height and massing shall also "step down "towards the Interstate, and at the western end of Lionshead. Figure 5 -25 provides a general depiction of how building height shall gradually lower at the western end of this study area. The intent of these height standards is that building height reduces by entire floor levels in the locations as generally depicted on Figure 5 -25. Notwithstanding the height allowances depicted on Figure 5 -25, which depicts building height in an east/ west orientation, building height and massing shall also "step down" in a north/ south orientation. Notwithstanding the height allowances depicted on Figure 5 -25, buildings fronting directly along Gore Creek and the western end of Lionshead shall express no more than three to four levels before "stepping back" to taller building mass. On the Interstate side of this area, building design shall be articulated to avoid large expanses of shear /unbroken wall planes. 5.17.6 Redevelopment Considerations for Glen Lyon Office Building site Consistent with its location at the western edge of West Lionshead and with respect to the extensive frontage along Gore Creek, it is appropriate to recognize certain development limitations and opportunities regardless of the underlying zone district. 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. 5.17.6.2 Residential Land Use and Density Existing physical improvements on the Glen Lyon Office Building site include a three -story building with 10,829 square feet of general office space and a surface parking lot. Because of the site's physical location along Gore Creek, it's accessibility to Lionshead Village, and the adjacent potential redevelopment including a ski -lift and activity center, it may be appropriate to introduce a mix of uses on site. If residential uses are proposed, the use shall be consistent with the Master Plan goal to increase the number of `Live Beds' in Lionshead. Residential density on 9 10/4/2011 6 -5 -9 the site should be studied and proposed in a manner that is compatible with the character and scale of adjacent uses and Gore Creek. Residential uses should be located on the basement or garden level and second floor and above in buildings on -site. If residential uses are proposed on the street level or first floor, the vitality of the pedestrian and bike experience shall be considered along with the function and character of the adjacent uses and structure design. The mixture of land uses on the Glen Lyon Office Building site shall maintain a balance between residential, office/ commercial and recreational uses to serve both the visitor and the permanent resident. 5.17.6.3 Office Land Use Consistent with the Master Plan requirement for an increase of office space, the existing 10,829 square feet of office space shall be replaced and increased on -site. 5.17.6.4 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 be met on -site. 5.17.6.5 Landscape Preservation & Relationship to Red Sandstone & Gore Creeks The Glen Lyon Office Building site borders on the Red Sandstone Creek along the east property line and the Gore Creek along the south property line. The redevelopment of the Glen Lyon Office Building site should consider how the creeks can be enhanced and made an amenity of the area. A substantial stand of mature trees exists on the banks of the two creeks, with low lying brush on the shores. Every effort shall be taken to preserve the substantial trees and natural steep slopes along the banks of both creeks. 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. Vail Land Use Plan (in part) The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. 10 10/4/2011 6 -5- 10 The goal statements which are reflected in the design of the proposed Plan are as follows: 1. General Growth / Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.5 Commercial strip development of the Valley should be avoided. 1.7 New subdivisions should not be permitted in high geologic hazard areas. 1.8 Recreational and public facility development on National Forest lands may be permitted where no high hazards exist if.' a) Community objectives are met as articulated in the Comprehensive Plan. b) The parcel is adjacent to the Town boundaries, with good access. c) The affected neighborhood can be involved in the decision - making process. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 1.13 Vail recognizes its stream tract as being a desirable land feature as well as its potential for public use. 2. Skier /Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 2.3 The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. 2.4 The community should improve summer recreational options to improve year -round tourism. 2.5 The community should improve non -skier recreational options to improve year -round tourism. 11 10/4/2011 6 -5- 11 2.7 The Town of Vail should improve the existing park and open space lands while continuing to purchase open space. 2.8 Day skier needs for parking and access should be accommodated through creative solutions such as: a) Increase busing from out of town. b) Expanded points of access to the mountain by adding additional base portals. c) Continuing to provide temporary surface parking. d) Addition of structured parking. 3. Commercial 3.2 The Village and Lionshead areas the best location for hotels to serve the future needs of destination skiers. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 3.5 Entertainment oriented business and cultural activities should be encouraged in the core areas to create diversity. More night -time businesses, on -going events and sanctioned "street happenings" should be encouraged. 4. Village Core / Lionshead 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 5. Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.2 Quality time share units should be accommodated to help keep occupancy rates up. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 12 10/4/2011 6 -5 -12 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. 6. Community Services 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods. Town of Vail Zoning Regulations Chapter 12 -71: Lionshead Mixed Use 2 (LMU -2) District (in part) 12 -71 -1: PURPOSE: The Lionshead mixed use 2 district is intended to provide sites for a mixture of multiple - family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, light industrial activities, and commercial establishments in a clustered, unified development. Lionshead mixed use 2 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead redevelopment master plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead redevelopment master plan. Additionally, the incentives are created to help finance public, off site, improvements adjacent to redevelopment projects. Public amenities which will be evaluated with redevelopment proposals taking advantage of the incentives created herein may include: streetscape improvements, pedestrian /bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. 12 -71 -2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: A. Permitted Uses: The following uses shall be permitted in basement orgarden levels within a structure: Banks and financial institutions. Child daycare centers. Commercial ski storage. Eating and drinking establishments. 13 10/4/2011 6 -5 -13 Employee housing units, as further regulated by chapter 13 of this title. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12 -3 -4 of this title. B. Conditional Uses: The following uses shall be permitted in basement or garden levels within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Conference facilities and meeting rooms. Electronics sales and repair shops. Liquor stores. Lodges and accommodation units. Major arcades. Multiple- family residential dwelling units, timeshare units, fractional fee clubs, and lodge dwelling units. Theaters. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12 -3 -4 of this title. 12 -71 -3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk -up teller facilities. Child daycare centers. Eating and drinking establishments. Employee housing units, as further regulated by chapter 13 of this title. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12 -3 -4 of this title. B. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Beauty and barber shops. Conference facilities and meeting rooms. Electronics sales and repair shops. Financial institutions, other than banks. Liquor stores. 14 10/4/2011 6 -5 -14 Lodges and accommodation units. Multiple- family residential dwelling units, timeshare units, fractional fee clubs, and lodge dwelling units. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12 -3 -4 of this title. 12 -71 -4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A. Permitted Uses: The following uses shall be permitted on those floors above the first floor within a structure: Employee housing units, as further regulated by chapter 13 of this title. Lodges and accommodation units. Multiple- family residential dwelling units, lodge dwelling units. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12 -3 -4 of this title. B. Conditional Uses: The following uses shall be permitted on second floors and higher above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Banks and financial institutions. Child daycare centers. Conference facilities and meeting rooms. Eating and drinking establishments. Electronics sales and repair shops. Liquor stores. Personal services and repair shops. Professional offices, business offices and studios. Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. Theaters. Timeshare units and fractional fee clubs. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12 -3 -4 of this title. 12 -71 -5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OF A BUILDING OR OUTSIDE OF A BUILDING): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Automotive service stations. Bed and breakfasts, as further regulated by section 12 -14 -18 of this title. Brewpubs. Child daycare centers. Commercial storage. Communications antennas and appurtenant equipment. Laundromats. Private outdoor recreation facilities, as a primary use. 15 10/4/2011 6 -5- 15 Public buildings, grounds, and facilities. Public or private parking lots. Public parks and recreation facilities. Public utility and public service uses. Ski lifts and tows. Television stations. Vehicle maintenance, service, repair, storage, and fueling. Warehouses. Additional uses determined to be similar to conditional uses described in this section, in accordance with the provisions of section 12 -3 -4 of this title. (Ord. 12(2008) § 18) 12 -71 -6: ACCESSORY USES: The following accessory uses shall be permitted in the Lionshead mixed use 2 district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12 -14 -12 of this title. Loading and delivery and parking facilities customarily incidental and accessory to permitted and conditional uses. Minor arcades. Offices, lobbies, laundry, and other facilities customarily incidental and accessory to hotels, lodges, and multiple- family uses. Outdoor dining decks and patios. Swimming pools, tennis courts, patios or other recreation facilities customarily incidental to permitted residential or lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12 -71 -9: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand (10, 000) square feet of buildable area. 12- 71 -10: SETBACKS: The minimum building setbacks shall be ten feet (10') unless otherwise specified in the Lionshead redevelopment master plan as a build -to line. 12- 71 -11: HEIGHT AND BULK: Buildings shall have a maximum average building height of seventy one feet (71') with a maximum height of 82.5 feet, as further defined by the Lionshead redevelopment master plan. All development shall comply with the design guidelines and standards found in the Lionshead redevelopment master plan. Flexibility with the standard, as incorporated in the Lionshead redevelopment master plan, shall be afforded to redevelopment projects which meet the intent of design guidelines, as reviewed and approved by the design review board. 12- 71 -12: DENSITY (DWELLING UNITS PER ACRE): Up to a thirty three percent (33 %) increase over the existing number of dwelling units on a property or thirty five (35) dwelling units per acre, whichever is greater shall be allowed. For the purpose of calculating density, employee housing units, accommodation units, timeshare units, and fractional fee club units shall not be counted as dwelling units. Additionally, a "lodge dwelling unit ", as defined herein, shall be counted as twenty five percent (25 %) of a 16 10/4/2011 6 -5- 16 dwelling unit for the purpose of calculating density. A dwelling unit in a multiple- family building may include one attached accommodation unit no larger than one -third (1/3) of the total floor area of the dwelling. 12- 71 -13: GROSS RESIDENTIAL FLOOR AREA (GRFA): Up to two hundred fifty (250) square feet of gross residential floor area shall be allowed for each one hundred (100) square feet of buildable site area, or an increase of thirty three percent (33 %) over the existing GRFA found on the property, whichever is greater. Multiple - family dwelling units in this zone district shall not be entitled to additional gross residential floor area under section 12 -15 -5, 'Additional Gross Residential Floor Area (250 Ordinance)", of this title. 12- 71 -14: SITE COVERAGE: Site coverage shall not exceed seventy percent (70 %) of the total site area, unless otherwise specified in the Lionshead redevelopment master plan. 12- 71 -15: LANDSCAPING AND SITE DEVELOPMENT: At least twenty percent (20 %) of the total site area shall be landscaped, unless otherwise specified in the Lionshead redevelopment master plan. 12- 71 -16: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least one -half (1/2) the required parking shall be located within the main building or buildings. 12- 71 -18: MITIGATION OF DEVELOPMENT IMPACTS: Property owners /developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract /bank improvements, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. VI. ZONING ANALYSIS The following is a zoning analysis of the development potential of Parcels 1 and 2 as depicted on the Ever Vail Preliminary Plan, if adopted as shown. 17 10/4/2011 6 -5- 17 Legal Description: Parcel 1, Ever Vail Subdivision Land Use Designation: Lionshead Redevelopment Master Plan Lot Size: 318,946.3 sq. ft./7.322 acres Development Standard LMU -2 Lot Area: 10,000 sq. ft. min. Setbacks: 10 ft. all sides Height: 82.5 ft. max. 71 ft. average Density Control: 256 DUs, unlimited AUs, FFUs, EHUs GRFA: 724,402.8 sq. ft. (based upon 289,761 sq. ft. buildable site area) Site Coverage: 223,262.4 sq. ft. (70 %) Landscaping: 63,789.3 sq. ft. (20 %) Parking Per Chapter 10 of the Zoning Regulations Legal Description: Parcel 2, Ever Vail Subdivision Land Use Designation: Lionshead Redevelopment Master Plan Lot Size: 230,650.2 sq. ft./5.295 acres Development Standard LMU -2 Lot Area: 10,000 sq. ft. min. Setbacks: 10 ft. all sides Height: 82.5 ft. max. 71 ft. average Density Control: 185 DUs, unlimited AUs, FFUs, EHUs GRFA: 476,387.5 sq. ft. (based upon 190,555 sq. ft. buildable site area) Site Coverage: 161,455.1 sq. ft. (70 %) Landscaping: 46,130 sq. ft. (20 %) Parking Per Chapter 10 of the Zoning Regulations 18 10/4/2011 6 -5 -18 VII. SURROUNDING LAND USES AND ZONING Land Use Zoning North: CDOT ROW None South: Stream Tract Natural Area Preservation District East: Utility /Mixed Use General Use /Lionshead Mixed Use 2 Districts West: Mixed Use SDD No. 4. Cascade Village VIII. SPECIAL DEVELOPMENT DISTRICT MAJOR AMENDMENT REVIEW CRITERIA The Town Code provides nine design criteria which shall be used in evaluating the merits of a major amendment to an established SDD. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. This application is somewhat unique in that the applicant is requesting that a portion of an established SDD be removed to become part of a proposed development site separate from the current SDD. Staff has performed a review of these criteria based upon the potential impacts to the remaining SDD as follows: A. Consideration of Factors Regarding Special Development Districts: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. As is identified under Section III, Background, of this memorandum the Town's adopted processes for amending the Vail Land use Plan and the Lionshead Redevelopment Master Plan were followed to lay the framework for the inclusion of the GLOB in the overall planning being undertaken with regard to the proposed Ever Vail project. The inclusion of the GLOB within the Lionshead Redevelopment Master Plan and thus a change in the land use designation, acknowledged the influence that the previous expansion of the Lionshead Redevelopment Master Plan boundaries would have on the GLOB site. The recommendations included in the Master Plan imposed development standards to ensure that the scale, bulk, and mass that are desired will be achieved. Future development on the GLOB site will be required to comply with Lionshead Redevelopment Master Plan and the proposed Lionshead Mixed Use 2 District. The request to remove Development Area D from SDD No. 4, Cascade Village, will not have any negative effect on the remaining portions of the SDD. SDD No. 4, Cascade Village, was adopted with multiple development areas which resulted in the desired development within each which include but are not limited to, a hotel, single - family and duplex residential, multi - family residential, and an office building. Each development area in the SDD was granted specific development potential which was to be used within that area and not to be transferred. If approved, this amendment to SDD No. 4 would only occur in conjunction with the recording of the proposed Ever Vail Subdivision Final Plat. Staff believes the proposed amendments comply with this criterion. 19 10/4/2011 6 -5 -19 B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. As discussed under Criterion A, the Town's adopted processes for including the GLOB within the Lionshead Redevelopment Master Plan were followed to establish the appropriate development standards to ensure a development outcome on the site which would be compatible, efficient, and workable with the surrounding uses and activities. The inclusion of the GLOB within the Master Plan and now within the proposal for the overall Ever Vail project will result in a comprehensive redevelopment for the western edge of Lionshead. The physical separation of the GLOB site from the remainder of the SDD caused by Gore Creek and steep grades has resulted in the current development on the site being somewhat isolated. Removal of the site from the SDD and inclusion in the proposed Ever Vail project will result in better planning and redevelopment of the site as it will become a part of the whole. Staff believes that the proposal does comply with this criterion. C. Compliance with parking and loading requirements as outlined in Chapter 12 -10 of the Vail Town Code. The application does not include a specific development proposal at this time. All future development proposals will be required to comply fully with the Town's adopted parking and loading requirements as required under the Major Exterior Alteration review process. Staff believes that the application complies with this criterion at this time. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. Amendments already made to the Vail Land Use Plan and the Lionshead Redevelopment Master Plan established the development standards by which redevelopment on the GLOB site will be reviewed. The portion of the Ever Vail Subdivision that is occupied by the GLOB site will have to comply with Section 5.17.6, Redevelopment Considerations for Glen Lyon Office Building Site, Lionshead Redevelopment Master Plan. Within these site specific recommendations and standards a maximum height of 56 feet is permitted on the site, the 10,829 square feet of office space and all required employee housing units are to be replaced on -site. It is anticipated that the specific development application for the Ever Vail project will comply with these recommendations and standards. Staff believes that the application complies with all the goals and objectives of the Vail Comprehensive Plan, specifically the Lionshead Redevelopment Master Plan. E. Identification and mitigation of natural and /or geologic hazards that affect the property on which the special development district is proposed. According to the Official Town of Vail Geologic Hazard Maps, the Ever Vail development site is not located in any geologically sensitive areas. Staff believes that the application complies with this criterion. F. Site plan, building design and location and open space provisions designed to 20 10/4/2011 6 -5 -20 produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The application does not include a specific development proposal at this time. Any future development proposals will be required to comply fully with the Town's adopted site coverage and landscaping requirements and will be reviewed for sensitivity to natural features. Staff believes the proposal complies with this criterion. G. A circulation system designed for both vehicles and pedestrians addressing on and off -site traffic circulation. Removal of Development Area D from SDD No. 4 has no impacts to the entirety of the SDD. Within SDD No. 4 the five development areas were provided specific development potential and land uses. No portion of the development potential in the SDD is linked as to create shared interests. Removal of Development Area D does not result in the loss of any development potential. The application does not include a specific development proposal at this time. All future development proposals will be required to comply fully with the Town's adopted transit plan recommendations and requirements and Town of Vail comments regarding pedestrian and vehicular circulation. Staff believes the proposal complies with this criterion. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. Removal of Development Area D from SDD No. 4 has no impacts to the entirety of the SDD. Within SDD No. 4 the five development areas were provided specific development potential and land uses. No portion of the development potential in the SDD is linked as to create shared interests. Removal of Development Area D does not result in the loss of any development potential. The application does not include a specific development proposal at this conjuncture. All future development proposals will be required to comply fully with the Town's adopted site coverage, landscaping requirements. Compliance with the site coverage and landscaping requirements and the review of individual major exterior alteration applications will result in site plan and building designs which are responsive and sensitive to natural features. Town Staff has discussed with the applicant the need to propose amendments to the Lionshead Redevelopment Master Plan to establish adopted view corridors. Additionally, the intent of the applicant is to enhance the recreation opportunities associated with Red Sandstone Creek and Gore Creek through improvements and the proposed establishment of a conservation easement. Staff believes the proposal complies with this criterion. I. Phasing plan or subdivision plan that will maintain a workable, functional and 21 10/4/2011 6 -5 -21 efficient relationship throughout the development of the special development district. The applicant is proposing to remove the GLOB from SDD No. 4, Cascade Village, and therefore this criterion will not longer apply. IX. ZONE DISTRICT BOUNDARY REVIEW CRITERIA Amendment to the Official Zoning Map of the Town of Vail (rezoning) Chapter 3, Administration and Enforcement, Title 12, Zoning Title, of the Vail Town Code authorizes amendments to the Official Zoning Map of the Town of Vail. Pursuant to Section 12 -3 -7, Amendments, in part, "an application to amend the district boundaries of the Zoning Map may be initiated by petition of any resident or property owner in the Town." Furthermore, Section 12 -3 -7 C prescribes the criteria and findings the Planning and Environmental Commission and Town Council shall consider with respect to a request to amend the Zoning Map. The applicant is seeking a recommendation of approval to zone Parcels 1 and 2 as depicted on the Ever Vail Subdivision preliminary plan, to Lionshead Mixed Use 2 District. According to Section 12 -3 -7C, of the Vail Town Code, Before acting on an application for a zone district boundary amendment, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the requested zone district boundary amendment: 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and The redevelopment of the properties within the Ever Vail Subdivision began in early 2006, with the start of public meetings and hearings to discuss incorporation of several parcels into the Lionshead Redevelopment Master Plan and amendments to the Master Plan for the area known as "West Lionshead". In early 2007, Town Council adopted, through resolution, the amendments to the Master Plan that evolved over a year of public process. The proposed rezoning of two new parcels created by the Ever Vail Subdivision is one of the steps in effecting the change in Ever Vail that was anticipated through the adoption of the Master Plan amendments. Staff has reviewed the proposed rezoning request and found it to be in compliance with the multiple elements of the Vail Comprehensive Plan in Section V in whole. With regard to the Vail Land Use Plan, Staff believes that the proposed rezoning in conjunction with the proposed preliminary plan will: 22 10/4/2011 6 -5 -22 • allow the Town to "continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanentresident "by establishing the zone district necessary to implement the recommendations of the Lionshead Redevelopment Master Plan; • protect the "environment including air, water and other natural resources.", through the a proposed open space easement and establishment of a larger development plan which is striving for LEED certification; • improve the "quality of development "and become "upgraded" from the light industrial nature of the properties as the snow cat maintenance yard and surface parking are proposed to become subterranean; • redevelop the "Commercial strip development "which is not to be perpetuated and "should be avoided" as Cascade Crossing and the Vail Professional Building will become a part of the new mixed -used development; • "accommodate" redevelopment `in existing developed areas (infill areas)" ; • protect the "stream tract "as it is a "desirable land feature "which should be available for `public use", by establishing an open space easement over the extents of Red Sandstone Creek; • "emphasize "the Town's role "as a destination resort while accommodating day visitors "by providing a hotel, differing types of residential, and a gondola with associated parking; • create partnership opportunities "to make existing facilities and the Town function more efficiently" by establishing a more efficient frontage road design incorporating a round -about and the frame work for the eventual construction of a Simba Run underpass; • create opportunities to `improve non -skier recreational options "by including opportunities for activities on Red Sandstone Creek and the creation of a space for the Vail Recreation District which is proposed to include an indoor rock climbing wall; • create an opportunity to address `Day skier needs for parking and access "by constructing parking to service the new gondola and the various land uses on the site which could be utilized to provide flexibility in their availability; • provide the opportunity to construct new "hotels to serve the future needs of destination skiers'; • allow for "Commercial growth... concentrated in existing commercial areas to accommodate both local and visitor needs" • allow for the opportunity to provide "Entertainment oriented business and cultural activities...night -time businesses, on -going events and sanctioned "street happenings", and 23 10/4/2011 6 -5 -23 • allow for "Affordable employee housing...through private efforts...with appropriate restrictions" to be incorporated into the development through adopted requirements With regard to the policy objectives of the Lionshead Redevelopment Master Plan, Staff believes that the proposed rezoning in conjunction with the proposed preliminary plan will: • result redevelopment that is a " warmer, more vibrant environment for guests and residents "with an "appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character'; • "enhance guest experience and community interaction through expanded and additional activities and amenities "; • result in "improved occupancy rates and the creation of additional bed base ( "live beds" or "warm beds) through new lodging products "by including "live beds in the form of accommodation units, fractional fee club units, lodge dwelling units, timeshare units, attached accommodation units (i.e, lock -off units), or dwelling units which are included in a voluntary rental management program and available for short term rental'; • allow for improved "pedestrian, vehicular, bicycle and mass transit traffic" through the redevelopment of a comprehensive site which can accommodate an adequate transportation center including skier drop -off; • allow for upgraded infrastructure "to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents "; and • allow for "Financially creative and fiscally realistic strategies" to raise "adequate capital...to fund desired private and public improvements ", by the implementation of a Tax Increment Financing District for projects such as Simba Run The requested rezoning in conjunction with the adoption of the proposed Ever Vail Final Plat will be the basis for creating the foundation from which many of the policies and goals of the Vail Comprehensive Plan can be achieved. Staff believes the proposed rezoning is consistent and compatible with the Vail Comprehensive Plan and the Town's development objectives. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the Town's adopted planning documents; and The Lionshead Mixed Use 2 District establishes zoning that is consistent with both existing and proposed uses on the subject properties. Currently, the Ever Vail area contains industrial uses, a public utility, commercial, and office. The Ever Vail project would be adjacent to the water treatment plant which is zoned General Use District and properties to the east which are zoned Lionshead Mixed Use 1 District. Staff believes that the permitted and conditional uses listed within the Lionshead Mixed Use 2 District are suitable uses to be adjacent to the remaining properties. The listed land uses and development regulations for Lionshead Mixed Use 2 District are found in Section IV of this memorandum. 24 10/4/2011 6 -5 -24 If rezoned to Lionshead Mixed Use 2 District the parcels within Ever Vail will be a mixed use development. The mix of uses contains a combination of retail /commercial, office, dwelling units, accommodation units, time share, and employee housing. Special attention should be given to the Detailed Plan Recommendations outlined Chapter 5 of the Lionshead Redevelopment Master Plan for the area known as Ever Vail. This language is found in Section V of this memorandum. Future major exterior alteration applications will be required to comply with these requirements and conform closely to the recommendations. The Eagle River Water and Sanitation District has requested that provisions should be undertaken to reduce the possibility for future owners of property in Ever Vail to voice concern or file law suits with regard to any potential negative impacts of their land use function. Staff is in agreement with this concern. This letter is attached for reference (Attachment F). Staff believes the Lionshead Mixed Use 2 District is compatible with the adjacent General Use and Lionshead Mixed Use 1 District. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The Lionshead Mixed Use 2 District is consistent with the adjacent zone districts. The proposed zone district implements specific goals of the Vail Land Use Plan and Lionshead Redevelopment Master Plan. The detailed plan recommendations contained within the Lionshead Redevelopment Master Plan will result in the specific development plans for the site being reviewed for pedestrian and vehicular connectivity and efficiency and provision of public transportation facilities. The design for the relocated South Frontage Road West has been thoroughly reviewed and by Staff, the Planning and Environmental Commission, and the Town Council to ensure a design which will address the Vail Transportation Master Plan recommendations for a future Simba Run underpass. The Simba Run underpass has been identified in the Vail Transportation Master Plan as a transportation improvement that will be necessary in the future to address the Town's overall transit system as demand increases. The proposed Lionshead Mixed Use 2 District zoning has a minimum requirement for 10 -foot setbacks from property lines. Staff has expressed concern on several occasions to the applicant that additional setback may be necessary to provide adequate landscape area to allow plant species to grow to maturity and provide a visual buffer. The applicant has acknowledged this concern which will be addressed in conjunction with any site specific development proposal. It is anticipated that the Ever Vail redevelopment will incorporate a metropolitan district to address maintenance and operation costs within the Ever Vail development. The creation of this entity will result in minimal fiscal impacts to the Town for maintenance of streets, heated pedestrian ways, landscaping, etc. The Town of Vail will largely be left with the cost of maintaining the relocated South Frontage Road West with regarding to plowing, signs, and landscaping 25 10/4/2011 6 -5 -25 Staff believes that the proposed rezoning presents a harmonious, convenient, and workable relationship with land uses in the area consistent with the existing and proposed use of the property. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and The proposed rezoning and development plan provide for the development of an orderly viable community consistent with the Town's development interests as expressed in the Lionshead Redevelopment Master Plan. The purpose of the Lionshead Mixed Use 2 District is, in part, "to provide sites for lodges, hotels, fractional fee clubs, lodge dwelling units, and timeshares"; "to provide economic incentives for properties to redevelop ", and "to create an economically vibrant lodging, housing and commercial core area." Rezoning the subject property to Lionshead Mixed Use 2 District will allow for the redevelopment of the Ever Vail parcels consistent with the recommendations found in the Master Plan for the Ever Vail site. On November 16, 2010, Economic and Planning Systems, Inc., consultant to the Town, gave a presentation to the Vail Town Council with regard to their findings on the fiscal and economic impacts of Ever Vail. The study concluded that there was a net positive effect on both the fiscal and economic impacts created by the Ever Vail project. These findings were largely the result of the inclusion of a hotel in excess of 100 rooms within the project and the establishment of a metropolitan district to maintain and operate many components of the Ever Vail project. The report supported the reduction in commercial within the project as the conclusion was that an erosion of dollars spent would occur from the existing villages if more than that which supported the guest staying in Ever Vail was constructed. It is anticipated that the Ever Vail project will include a 14,000 square foot specialty grocery store, a subterranean live music venue, and in excess of 30,000 square feet of retail. The amendments made to the Lionshead Redevelopment Master Plan to incorporate the Vail Professional Building, Cascade Crossing, and the Glen Lyon Office Building went through the Town's adopted review process which is intended to result in orderly growth within the community. The goal of these amendments was to provide a framework for the comprehensive redevelopment of an approximate 12.6 acre site which is the result of the relocation of a portion of the South Frontage Road West. Staff believes that this amendment furthers the development objectives of the Town and serves the best interest of the community as a whole. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including but not limited to 26 10/4/2011 6 -5 -26 water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and The proposed rezoning will change the existing character and uses currently present on the subject properties. However, staff does not foresee any adverse impacts on the natural environment to include water quality, air quality, noise, vegetation, etc. In fact, given the language as adopted within the detailed recommendations for the site, it could be reasonably expected that beneficial impacts could result from the rezoning and redevelopment of the site. For example, an intended outcome of the redevelopment of this site, according to the Lionshead Redevelopment Master Plan and the submitted Environmental Impact Report, is the restoration and enhancement of the Red Sandstone Creek riparian corridor. The applicant had an Environmental Impact Report prepared which identified both positive and negative impacts associated with the proposed Ever Vail project. The report highlights the greatest negative impact as being the results of construction on the site including noise, traffic, dust, vehicle emissions, and sedimentation. The plan identifies that this impacts are temporary and many can be mitigated through best management practices with regard to run -off from the site. The plan identifies that development comes with these impacts and the location of the development will result in long term benefits such as increased walkability and connectivity through the site to adjacent development. The plan highlights the need to utilize native plant species in the restoration and improvement of Red Sandstone Creek. Staff believes the proposed rezoning will not have a negative impact on this criterion. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. The Lionshead Mixed Use 2 District is proposed for the subject property. The proposed zone district amendment is consistent with the intended purpose of that zone district which is in part "to provide sites for lodges, hotels, fractional fee clubs, lodge dwelling units, and timeshares ", "to provide economic incentives for properties to redevelop ", and "to create an economically vibrant lodging, housing and commercial core area." The proposed zone district will result in the redevelopment of a light industrial area and the new product which will be required to include lodges, hotels, other residential ownership, employee housing, and supporting commercial. Furthermore, the recommendations and requirements of the Lionshead Redevelopment Master Plan will result in no net loss of office space. The rezoning of the Vail Professional Building, Cascade Crossing, Glen Lyon Office Building and the land captured from the abandonment of the South Frontage Road West right -of -way will result in a significant increase in development potential for the site. Of the approximate 12.6 acre Ever Vail site 27 10/4/2011 6 -5 -27 approximately 5.4 acres is currently zoned Lionshead Mixed Use 2 District. The result of the proposed Ever Vail Subdivision and the requested rezoning is approximately 7.2 acres (approximately 3.44 acres is land previously in the right - of -way) of land area will become zoned Lionshead Mixed Use 2 District. The rezoning of approximately 7.2 additional acres results in 252 dwelling units and approximately 685,693 square feet of gross residential floor area. Staff believes this rezoning request complies with this criterion. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. Since the original adoption of zoning on the properties proposed to comprise Parcels 1 and 2 of the Ever Vail Subdivision, the Town of Vail has undergone an extensive study for the redevelopment of properties within the Lionshead study area boundaries. As such, the Town has adopted clearly identifiable goals and objectives for development in this general area of Town. In order to ensure that these goals and objectives for development are carried out, the Town adopted two zone districts; one of which is the Lionshead Mixed Use 2 District. Since the initial adoption of the Lionshead Redevelopment Master Plan there has been a change in the conditions with regard to the properties proposed for inclusion within the Ever Vail Subdivision. Those changes began with the acquisition of multiple properties by a single owner resulting in the ability to propose a more comprehensive redevelopment of this area of Town. It became increasingly feasible to propose the relocation of a portion of the South Frontage Road West to run parallel to the interstate and create a larger contiguous site. If approved, the applicant will be permitted to redevelop Parcels 1 and 2 of the Ever Vail Subdivision in compliance with the Town's goals and objectives. To that end, the Lionshead Redevelopment Master Plan, through the adoption of Resolutions No. 4, Series of 2007 and No.26, Series of 2008, there are clear and specific objectives for development on the properties to be rezoned. These objectives are found in Chapter 5 of the Lionshead Redevelopment Master Plan and included in Section III of this memorandum. 8. Such other factors and criteria as the Commission and /or Council deem applicable to the proposed rezoning. X. STAFF RECOMMENDATION Special Development District Major Amendment The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with conditions, to the Vail Town Council on a proposed 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, located at 1000 S. Frontage Road West/Lot 54, Glen Lyon Subdivision, and setting forth details in regard thereto. Staff's recommendation is based 28 10/4/2011 6 -5 -28 upon a review of the criteria and findings as outlined in this memorandum and from the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval with condition(s) of this major amendment to a special development district, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval with conditions of the request for a proposed 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, located at 1000 S. Frontage Road West /Lot 54, Glen Lyon Subdivision, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward a recommendation of approval with condition(s) of this major amendment to a special development district, the Community Development Department recommends the Commission make the following findings: "Based upon the review of the criteria outlined in Section Vlll of the January 10, 2011 staff memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The proposal to amend Special Development District No. 4, Cascade Village, complies with the nine design criteria outlined in Section 12 -9A -8 of the Vail Town Code; and, 2. The applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided; and, 3. The request is consistent with the development goals and objectives of the Town of Vail Comprehensive Master Plan." Should the Planning and Environmental Commission choose to forward a recommendation of approval of this major amendment to a special development district, the Community Development Department recommends the Commission apply the following conditions: "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 29 10/4/2011 6 -5 -29 Town Council in accordance with Title 13, Subdivision Regulations, Vail Town Code." Zone District Boundary Amendment The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with conditions, to the Vail Town Council for a zone district boundary amendment, pursuant to 12 -3 -7, Amendments, Vail Town Code, to rezone Parcels 1 and 2 of the Ever Vail Subdivision to the Lionshead Mixed Use 2 District, located at located at 862 (Vail Resorts Maintenance Shop), 923 (Holy Cross Lot), 934 (Amoco /BP), 953 (Vail Professional Building), 1000 (Glen Lyon Office Building) and 1031 (Cascade Crossing) South Frontage Road West, and portions the South Frontage Road West right -of -way (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria outlined in this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this zone district boundary amendment, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval, with conditions, to the Vail Town Council for a zone district boundary amendment, pursuant to 12 -3 -7, Amendments, Vail Town Code, to rezone Parcels 1 and 2 of the Ever Vail Subdivision to the Lionshead Mixed Use 2 District, located at located at 862 (Vail Resorts Maintenance Shop), 923 (Holy Cross Lot), 934 (Amoco /BP), 953 (Vail Professional Building), 1000 (Glen Lyon Office Building) and 1031 (Cascade Crossing) South Frontage Road West, and portions the South Frontage Road West right -of -way (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this zone district boundary amendment, the Community Development Department recommends the Commission make the following findings: "Based upon the review of the criteria outlined in Section IX of the January 10, 2011 staff memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and, 2. That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its 30 10/4/2011 6 -5 -30 natural environment and its established character as a resort and residential community of the highest quality." Should the Planning and Environmental Commission choose to recommend approval of this zone district boundary amendment, the Community Development Department recommends the Commission apply the following 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." XI. ATTACHMENTS A. Vicinity Map B. Draft Ordinance No. X, Series of 2011 C. Ever Vail Site Plan Existing Zoning dated January 3, 2011 D. Ever Vail Site Plan Proposed Zoning dated January 3, 2011 E. Ever Vail dated revised December 21, 2010 31 10/4/2011 6 -5 -31 �d��F4 aL�kL(d uoZ'o(h�er. ue�: papi pov ,....1 000' 6 009 09Z 0 � "3 waeeee! wm !!! ee mow 4 ;eel 1 1 1 4va,!ew�, �ooe,�u�!ewwn.,e,.�eawv�em ''."P"''' . ieai :�oeme!es.ae eu ,wam ia = :emdey :ys. r: S .� « 4 "Y 1 •t T , � a ht p a !. i k ;y :,.;,••,:', M�z 4 S a A Y �, ' ''I °_ a ' , % n d arm yr ,,;c, q w.�r, .� z � , � � , � ,� i t a I� ! ?/ ,f..,.....4...04,,o...\,..,„..:,...,,,o.:,..4,,,,,,,,t-e,„,cl.„.:..,,_,..i....4.::,.,..:. . ,, ,. , r p . S! '`a, s ° * � a r A* � : ott, A ‘it, :,, i , F I j$41*4 1 ; il ' 4 " 1 i' ; ''': it . 'i7",4;1?;',14,,.‘.,1:7;;4,4.'..'.,.'4•7‘',A ,t11 M Y;'Ct ,� ^� � ' r'V � �� ( � � ! t - , 4 at 4*41 " ,4";t, ',;;*. a f �� fd y ..,.", ...;;;::4'.; ,fr.L j - - L y A ..\ .R ., A : . 4; - 4 , )•- ..• . .. :. - 4.: „, " 7 �p 1 ..',: ' '-. I V'',/,7 "1/'''''3V. ' • Y . �� te'' r,/ / .. . .. . , . ..,. . ... . . . . ,...: ... , r - • fir .. 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X SERIES OF 2011 AN ORDINANCE REPEALING AND RE- ENACTING ORDINANCE NO. 31, SERIES OF 2007, CASCADE VILLAGE, REMOVINF DEVELOPMENT AREA D FROM SDD NO. 4, IN ACCORDANCE WITH SECTION 12- 9A -10, VAIL TOWN CODE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12 -9A -10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, Resolution No. 19, Series of 2008 changed the land use designation for Development Area D to Lionshead Redevelopment Master Plan in the Vail Land Use Plan; and; WHEREAS, Resolution No. 26, Series of 2008 adopted site specific recommendation for Development Area D within the Lionshead Redevelopment Master Plan, and; WHEREAS, the proposed Ever Vail redevelopment incorporates Development Area D into the overall planning and design for the new base area to Vail Mountain; and; WHEREAS, the Planning and Environmental Commission recommended approval of amendments to SDD No. 4, Cascade Village, on January X, 2011; and; WHEREAS, the proposed major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Vail Comprehensive Plan; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning and Environmental Commission held a public hearing on the major amendment application and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, all notices as required by the Vail Town Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to amend and re- establish the Special Development District No. 4, Cascade Village, with Development Area D, becoming a part of proposed parcels include within the Ever Vail redevelopment. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 1 Ordinance No. X, Series of 2011 10/4/2011 6 -5 -33 Section 1. Purpose of the Ordinance Ordinance No. 31, Series of 2007, is hereby repealed and re- enacted by Ordinance No. X, Series of 2011. Section 2. Amendment Procedures Fulfilled, Planning Commission Report. The approval procedures described in Section 12 -9A of the Vail Town Code have been fulfilled, and the Town Council has received the recommendations of the Planning and Environmental Commission for an amendment to the Special Development District No. 4, resulting in the removal of Development Area D. Section 3. Special Development District No. 4 Special Development District No. 4 and the development plans for all sites, hereby remain approved for the development of Special Development District No. 4 within the Town of Vail, unless they have otherwise expired. Section 4. Special Development District No. 4, Cascade Village shall read as follows: Purpose (deletions are shown in ctrikc through /additions are shown in bold) Special Development District No. 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Vail Comprehensive Plan. Special Development District No. 4 is created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission, and because there are significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. 2 Ordinance No. X, Series of 2011 10/4/2011 6 -5 -34 Definitions For the purposes of this chapter, the following definitions shall apply: A. "Special attraction" shall be defined as a museum, seminar or research center or performing arts theater or cultural center. B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit located in a multi - family dwelling that is managed as a short term rental in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The kitchen shall be designed so that it may be locked and separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or balconies without passing through another accommodation unit, dwelling unit, or a transient residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as set forth in Section 13 -7 Condominiums and Condominium Conversions, Subdivision Regulations. The unit shall not be used as a permanent residence. Fractional fee ownership shall not be allowed to be applied to transient dwelling units. For the purposes of determining allowable density per acre, transient residential dwelling units shall be counted as one half of a dwelling unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA with a maximum of 1.0 space per unit. 3 Ordinance No. X, Series of 2011 10/4/2011 6 -5 -35 Established A. Special Development District No. 4 is established for the development on a parcel of land comprising 97.955 96.155 acres and Special Development District No. 4 and the 97.955 96.155 acres may be referred to as "SDD No. 4." B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Development Area Acreage Cascade Village A 17.955 Coldstream Condominiums B 4.000 Glen Lyon Primary /Secondary and Single Family Lots C 9.100 GIcn Lyon Commcrcial Sitc D 1.800 Tract K E 8.322 Dedicated Open Space 32.078 Roads 4.700 TOTAL 97.955 96.155 Development Plan -- Required -- Approval Procedure Each development area with the exception of Development Areas A an-d-1; shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Council. The Waterford and Cornerstone sites shall be allowed one development plan each. - - -- -- approvcd by the Town Council. A development plan for Development Area E shall be established through the review and approval of a design review application and /or conditional use permit application. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply with Section 12 -9A, Vail Town Code. Permitted Uses 4 Ordinance No. X, Series of 2011 10/4/2011 6 -5 -36 A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in Section 12 -7B- 3, (Commercial Core 1), Vail Town Code, except for in the CMC building, where office and educational uses shall be permitted on the first floor. The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level; 2. All other floor levels besides first floor street level may include retail, theater, restaurant, educational, and office except that no professional or business office shall be located on street level or first floor, with the exception noted above, unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 925 square feet located on the first floor on the northwest corner of the Plaza Conference Center building; 3. Lodge; 4. Multi- family dwelling; 5. Single Family dwelling; 6. Primary /Secondary dwelling; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section 12 -13 of the Municipal Code; 9. Cascade Club addition of a lap pool or gymnasium. B. Area B, Coldstream Condominiums 1. Two - family dwelling; 2. Multi- family dwelling. C. Area C, Glen Lyon Primary /Secondary and Single - Family Lots 1. Single family dwelling; 5 Ordinance No. X, Series of 2011 10/4/2011 6 -5 -37 2. Two - family dwelling. 3. Type II Employee Housing Unit (EHU) per Chapter 12 -13, of the Municipal Code. D. Ar a D. Glen Lyon Commercial Site 1. Businco and profcccional offices; 2. Employee dwelling ac dcfincd in Scction 12 13 of the Municipal Codc. D. Area E, Tract K 1. Bicycle and pedestrian paths. 2. Interpretive nature walks. 3. Nature preserves. 4. Passive outdoor recreation areas and open spaces. Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12 -16 of the Town of Vail Zoning Regulations. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Special attraction; 3. Ski lifts; 4. Public Park and recreational facilities; 5. Major arcades with no frontage on any public way, street, walkway or mall 6 Ordinance No. X, Series of 2011 10/4/2011 6 -5 -38 area 6. Transportation Business. 7. Temporary Use of the Tennis Facility for Conferences and Conventions B. Area B, Coldstream Condominiums 1. Public Park and recreational facilities; 2. Ski lifts. C. Area C, Glen Lyon Primary /Secondary and Single - Family Lots 1. Public park and recreational facilities; 2. Ski lifts; D. Ara D, Glcn Lyon Commcrcial Sitc 1. Micro brcwcry ac dcfincd in Town of Vail Municipal codc, Chaptcr 12 2. &D. Area E, Tract K 1. Public parks. 2. Public utility and public service uses. 3. Access roads. 4. Ski lifts and tows. 5. Ski trails. 6. Snowmaking facilities. 7. Other uses customarily incidental and accessory to permitted and conditional uses and necessary for the operation thereof, with the 7 Ordinance No. X, Series of 2011 10/4/2011 6 -5 -39 exception of buildings. Accessory Uses A. Area A. Cascade Village 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. B. Area B, Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. C. Area C, Glen Lyon Primary /Secondary and Single - Family Lots 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, 8 Ordinance No. X, Series of 2011 10/4/2011 6 -5 -40 tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Ara D, Glen Lyon Commercial Site 1. Home occupations, subject to i &suancc of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Codc. 2. Attached garages or carports, private greenhouses, swimming pools, tcnnis courts, patios, or other rccr tional facilities customarily incidcntal to permitted residential uscs. 3. Other uscs customarily incidcntal and accessory to permitted or conditional uccs, and ncccssary for the operation thereof. Minor arcade. Location of Business Activity A. All offices, businesses, and shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. B. The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 9 Ordinance No. X, Series of 2011 10/4/2011 6 -5 -41 Density -- Dwelling Units, The number of dwelling units shall not exceed the following: A. Area A, Cascade Village In Area A, a minimum of three hundred fifty -two (352) accommodation or transient dwelling units and a maximum of one hundred one (101) dwelling units for a total density of two hundred seventy (270) dwelling units. B. Area B, Coldstream Condominiums Sixty -five (65) dwelling units C. Area C, Glen Lyon Primary /Secondary and Single - Family Lots One - hundred four (104) dwelling units. D. Ar a D, Glen Lyon Commercial Site Three dwclling units, two of which shall be employee dwclling units as dcfincd within Chapter 12 13, Vail Town Code. Density - -Floor Area A. Area A, Cascade Village The gross residential floor area (GRFA) for all buildings shall not exceed 289,145 square feet. B. Area B, Coldstream Condominiums Sixty -five thousand square feet (65,000 sq. ft.) GRFA. C. Area C, Glen Lyon Primary /Secondary and Single - Family Lots GRFA shall be calculated for each lot per Section 12 -6D -8 (Density Control) for the Primary/Secondary district of the Vail Town Code. 10 Ordinance No. X, Series of 2011 10/4/2011 6 -5 -42 D. Area D, Glen Lyon Commcrcial Site The dcvclopmcnt plan for this ar a has cxpircd. Scc Ordinance No. 8, Scricc of 1998 for prcvious rcquircmcntc. Commercial Square Footage A. Area A, Cascade Village Area A shall not exceed 35,698 square feet of commercial area. B. Ar a D, Glen Lyon Commcrcial Site The dcvclopmcnt plan for this ar a has expired. Scc Ordinance No. 8, Scricc of 1998 for prcvious rcquircmcntc. Development Statistics for Area A. Cascade Village, and Area D, Glen Lyon Commercial Site CHART 1: Area A Completed Projects Retail/ Square On -Site Cascade Structure Aus DUs GRFA Commercial Foot Parking Parking MILLRACE 1 16 20,000 20 0.00 MILLRACE II 14 17,534 25 0.00 MILLRACE 1111 3 6,450 7 MILLRACE IV 6 10,450 19 0.00 (COSGRIFF) * ** 11 Ordinance No. X, Series of 2011 10/4/2011 6 -5 -43 Retail/ Square On -Site Cascade Structure Aus DUs GRFA Commercial Foot Parking Parking W ESTIN 148 55,457 0.00 115 Alfredo =s 104 Seats Cafe 74 Seats Little Shop 1,250 Pepi Sports 2,491 W & H Smith, Vaurnot 900 W CMC BUILDING Cascade Wing 8 15,870 0.00 16 Clancy =s 1,600 0.00 13.3 Theater 4,220 28 College Classrooms 0.00 40 College Office 0.00 4 Theater /Meeting Room 2J 1,387 0.00 11.5 TERRACE WING Rooms 120 58,069 0.00 105 Retail 5,856 0.00 20 MIW PLAZA 1 12 Ordinance No. X, Series of 2011 10/4/2011 6 -5 -44 Rooms 20 7,205 0.00 16 Retail 1,099 0.00 4 7=W7K7 PLAZA II Conference 0.00 35 Retail 925 0.00 3 CASCADE CLUB Retail 300 0.00 1 Bar & Restaurant 252 0.00 3.5 Office in CMC 828 0.00 3 Wetness Center 1,386 0.00 7 Office in Club 420 0.00 1.4 LIFTSIDE (WATERFORD) Units 27 56 Employee Units 2 1,100 2 TOTALS 27 47,500 58 Cascade Club Addition Wellness Center 4,500 22.5 Plaza Office"* 925 .7 13 Ordinance No. X, Series of 2011 10/4/2011 6 -5 -45 TOTALS 288 AU 76 DU 239,680 24,598 129 449.9 (includes 2 EHUS) "Plaza space has already been counted for a retail parking requirement. The new parking requirement is based on the difference between the retail and office parking requirements. "`"For the purposes of calculating GRFA for the Cosgriff parcel (Millrace IV), no credits shall be given except for 300 s.f. to be allowed for each enclosed parking space. CHART 2: AREA A REQUIRED PARKING Parking for Completed Projects per Chart 1 Parking Spaces in 461.9 Cascade Parking Structure Less 17.5% Mixed -Use Credit -80.8 Total Required Parking at Build -Out of Area A in Cascade Structure 381.1 Existing Parking in Cascade Structure 421.0 Required Parking in Cascade Structure at Build -Out of Area A With 17.5% mixed -use credit 381.1 Development Plans 14 Ordinance No. X, Series of 2011 10/4/2011 6 -5 -46 Site specific development plans are approved for Area A and Area D. The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and other developers. The development plans for Area D are comprised of those plans submitted by the Glen Lyon Office Building, a Colorado Partnership. The following documents comprise the development plan for the SDD as a whole, Waterford, Cornerstone, Cascade Club Addition Scenario 1 and 2, Millrace IV, and Area D -Glen Lyon Commercial Site and is not all inclusive: 1. Waterford, Sheet #L -2, dated 11- 12 -92, Landscape Plan, Dennis Anderson. 2. Waterford, Sheet #1.1, dated 11- 13 -92, Site /Grading Plan Gwathmey, Pratt, Schultz. 3. Waterford, Sheet #2.1, dated 11- 13 -92, Plan Level 38/43' 3 ", Gwathmey, Pratt, Schultz. 4. Waterford, Sheet #2.2, dated 11- 13 -92, Plan Level 48'-6"153'-0", Gwathmey, Pratt, Schultz. 5. Waterford, Sheet #2.3, dated 11 -13 -92 Plan Level 59'- 0:/64' -3" by Gwathmey, Pratt, Schultz. 6. Waterford, Sheet #2.4, dated 11 -4 -92, Plan Level 69'- 6 "/74' -9 ", Gwathmey, Pratt, Schultz. 7. Waterford, Sheet #2.5, dated 11- 13 -92, Plan Level 80'- 0 "/85' -3" Gwathmey, Pratt, Schultz. 8. Waterford, Sheet #2.6, dated 11- 13 -92, Plan Level 90' -6" Gwathmey, Pratt, Schultz. 9. Waterford, Sheet #2.7, dated 11- 13 -92, Plan Level 101' -0" Gwathmey, Pratt, Schultz. 10. Waterford, Sheet #2.8, dated 11- 13 -92, Plan Level 111' -6" Gwathmey, Pratt, Schultz. 11. Waterford, Sheet #2.9, dated 11- 13 -92, Plan Level 122' -0" Gwathmey, Pratt, Schultz. 12. Waterford, Sheet #2.10, dated 12- 14 -92, Roof Plan All Levels Gwathmey, Pratt, Schultz. 15 Ordinance No. X, Series of 2011 10/4/2011 6 -5 -47 13. Waterford, Sheet #3.1, dated 11- 13 -92, Elevations Gwathmey, Pratt, Schultz. 14. Waterford, Sheet #3.2, dated 11- 13 -92, Elevations, Gwathmey, Pratt, Schultz. 15. Waterford, Sheet #4.1, dated 11 -4 -92, Sections Gwathmey, Pratt, Schultz. 16. Waterford, Sheet #4.2, dated 11 -4 -92, Sections, Gwathmey, Pratt, Schultz. 17. Waterford, Sheet #4.3, dated 11 -4 -92, Sections, Gwathmey, Pratt, Schultz. 18. Waterford, Sheet #9.1, dated 10- 20 -92, Unit Plans Gwathmey, Pratt, Schultz. 19. Waterford, Sheet #9.2, dated 10- 20 -92, Unit Plans, Gwathmey, Pratt, Schultz. 20. Waterford, Sheet #9.3, dated 10- 20 -92, Unit Plans Gwathmey, Pratt, Schultz. 21. Waterford, Sheet #9.4, dated 10- 20 -92, Unit Plans, Gwathmey, Pratt, Schultz. 22. Waterford, Sheet #9.5, dated 10- 20 -92, Unit Plans Gwathmey, Pratt, Schultz. 23. Cascade Club Addition Site Plan, Roma, 10/10/88. 24. Cascade Club Floor Plan, Roma, 10/10/88. 25. Millrace III, Sheet #1, dated 5/6/93, Site Plan, Steven James Riden. 26. Millrace III, Sheet #2, dated 4/13/93, Floor Plans for Single Family Residence, Steven James Riden. 27. Millrace III, Sheet #3, dated 5/6/93, Elevations for Single Family Residence, Steven James Riden. 28. Millrace III, Sheets #4 and #5, dated 3/20/93, Floor Plans for Duplex Building, Steven James Riden. 29. Millrace III, Sheets #6 and #7, dated 5/6/93, Elevations for Duplex Building, Steven James Riden. 30. Millrace III, Sheet L1, dated 5/6/93, Site /Landscape Plan, Steven James Riden. 31. Millrace IV, Scenario I, a /k /a Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt, 10/28/91. 32. Millrace IV, Scenario I, a /k /a Cosgriff Parcel, Elevations Arnold Gwathmey Pratt, 10/22/91. 33. Millrace IV, Scenario I, a /k /a Cosgriff Parcel, Floor Plans Arnold Gwathmey Pratt, 10/23/91. 34. Millrace IV, Scenario I, a /k /a Cosgriff Parcel, Landscape Plan, Dennis Anderson Associates. 16 Ordinance No. X, Series of 2011 10/4/2011 6 -5 -41 35. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10/31/91 stamped. 36. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner, 6/8/87. 37. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88. 38. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., revised 11/22/88. 39. Topographic Map, Inter - Mountain Engineering, Ltd, 12/1/94 40. Improvement Location Certificate, Eagle Valley Surveying, Inc., 3/2/92 41. The Approved Development Plan for Area A, Westhaven Condominiums, containing the following Sheets: Dwg. # Title Author Date A -1.0 Title Sheet Morter Architects 03 -15 -05 A -1.1 Vicinity Map Morter Architects 01 -31 -05 A -1.2 GRFA Summary Morter Architects 03 -15 -05 A -1.3 Spring Equinox Sun Shading Morter Architects 01 -31 -05 A -1.4 Sumner Solstice Sun Shading Morter Architects 01 -31 -05 A -1.5 Fall Equinox Sun Shading Morter Architects 01 -31 -05 A -1.6 Winter Solstice Sun Shading Morter Architects 01 -31 -05 A -1.7 Site Plan Morter Architects 03 -15 -05 C001 Cover Sheet Alpine Engineering 03 -14 -05 C002 Grading Plan (West Half) Alpine Engineering 03 -14 -05 C003 Grading Plan (East Half) Alpine Engineering 03 -14 -05 C004 Storm Drainage Plan Alpine Engineering 03 -14 -05 C005 Grading and Drainage Details Alpine Engineering 03 -14 -05 C006 Utility Plan Alpine Engineering 03 -14 -05 C007 Utility Details Alpine Engineering 03 -14 -05 C008 Demolition Plan Alpine Engineering 03 -14 -05 L -1 Landscape Plan Dennis Anderson Assoc. 03 -15 -05 L -2 Landscape Plan — Cascade Club Dennis Anderson Assoc. 03 -15 -05 17 Ordinance No. X, Series of 2011 10/4/2011 6 -5 -49 A2.0 Parking Level Plan Morter Architects 03 -15 -05 A2.1 First Floor Plan Morter Architects 03 -15 -05 A2.2 Second Level Plan Morter Architects 03 -15 -05 A2.3 Third Level Plan Morter Architects 03 -15 -05 A2.4 Fourth Level Plan Morter Architects 03 -15 -05 A2.5 Roof Plan Morter Architects 03 -15 -05 A3.1 Building A Elevations Morter Architects 03 -15 -05 A3.2 Building B Elevations Morter Architects 03 -15 -05 A4.0 Building Sections Morter Architects 02 -14 -05 A4.1 Building Sections Morter Architects 02 -14 -05 A4.2 Building Sections Morter Architects 02 -14 -05 42. Approved Development Plan for Area A, Cascade Residences, containing the following sheets, Dwg. # Title Author Date A -2.20 Second Floor Plan RKD Architects 01 -28 -07 A -2.30 Third Floor Plan RKD Architects 01 -28 -07 A -2.40 Fourth Floor Plan RKD Architects 01 -28 -07 A -2.50 Fifth Floor Plan RKD Architects 01 -28 -07 A -3.10 East and North Building Elevations RKD Architects 01 -28 -07 A -3.20 West and South Building Elevations RKD Architects 01 -28 -07 * A maximum of 1000 sq. ft. of common area, in addition to the approved plans, may be added to the Waterford project to allow for compliance with the Uniform Building Code, Uniform Fire Code and American Disabilities Act. The staff shall review all such additions to ensure that they are required by such codes. Area C, Glen Lyon Primary /Secondary and Single Family Lots 1. Building Envelopes for Lots 39 -1 and 39 -2 per sheet, L -1, prepared by Design 18 Ordinance No. X, Series of 2011 10/4/2011 6 -5 -50 Workshop, Inc., dated 11 -9 -98. Arca D, Glcn Lyon Commcrcial Sito The development plan for this ar a has cxpircd. Scc Ordinance No. 8, Scrics of 1998 for previous requirements. Development Standards The development standards set out herein are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SDD No. 4. They are minimum development standards and shall apply unless more restrictive standards are incorporated in the approved development plan which is adopted by the Town Council. Setbacks A. Area A, Cascade Village Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property (Area A) of not less than twenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking structure /athletic club building shall be two feet as approved on February 8, 1982, by the Planning and Environmental Commission, and with the exception that the setback requirement of a portion of the Westhaven Condominiums building, as indicated on the approved development plans referenced in this ordinance, shall be 14 feet. All buildings shall maintain a 50 foot stream setback from Gore Creek. The Waterford building shall maintain a minimum 20 foot setback from the north edge of the recreational path along Gore Creek. B. Area B, Coldstream Condominiums Required setbacks shall be as indicated on the development plan. C. Area C, Glen Lyon Primary/Secondary and Single - Family Lots Required setbacks shall be governed by Section 12 -6D -7 of the Primary /Secondary zone district of the Vail Town Code. For single - family Lots 39 -1 and 19 Ordinance No. X, Series of 2011 10/4/2011 6 -5 -51 39 -2, development shall occur per the approved building envelopes and is subject to the following: All future development will be restricted to the area within the building envelopes. The only development permitted outside the building envelopes shall be landscaping, driveways (access bridge) and retaining walls associated with driveway construction. At -grade patios (those within 5' of existing or finished grade) will be permitted to project beyond the building envelopes not more than ten feet (10') nor more than one -half (2) the distance between the building envelope and the property line, or may project not more than five feet (5') nor more than one - fourth (3) the minimum required dimension between buildings. D. Ar a D. Glen Lyon Commercial Sitc Required setbacks shall be ac indicated on the approved development plans. Height A. For the purposes of SDD No. 4 calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of a sloping roof unless otherwise specified in approved development plan drawings. B. Area A, Cascade Village 1. The maximum height for the Westin Hotel, CMC Learning Center, Terrace Wing, Plaza Conference Building and Cascade Parking Structure /Athletic Club is 71 feet. 2. Cornerstone Building: Maximum height of 71 feet. 3. Waterford Building: Maximum height of feet as measured from finished grade to any portion of the roof along the north elevation shall be 55' (South Frontage Road), 56' along the west elevation Westhaven Drive, and 65 feet along the south and east elevation as measured from finished grade. 4. Westhaven Building: A maximum of 55 feet. 5. Millrace III: A maximum of 36 feet. 20 Ordinance No. X, Series of 2011 10/4/2011 6 -5 -52 6. Millrace IV: A maximum of 36 feet. 7. Cascade Club Addition: A maximum of 26 feet. 8. Cascade Entry Tower: A maximum of 36 feet. 9. The remainder of buildings in Area A shall have a maximum height of 48 feet. C. Area B. Coldstream Condominiums The maximum height shall be 48 feet. D. Area C. Glen Lyon Primary /Secondary and Single - Family Lots The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or mansard roof. E. Ar D. Glen Lyon Commercial Sitc -- ee -- -- - A 1 -- . 40_ - -_ ee shall havc a hcight undcr 32 fcct. On thc perimctcr of thc building for Ar D, -- -• - - - - -- a- allowanccs for Ar D. Site Coverage Area A: Not more than 45% of the total site area may be covered by buildings unless otherwise indicated on the site specific development plans. Area B: No more than 35% of the total site area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or educational center, 45% of the area may be covered unless otherwise indicated on the site specific development plans. Area C: No more than 25% of the total site area shall be covered by buildings, unless the more restrictive standards of Chapter 12 -21 of the Vail Municipal Code apply. Ar D: No morc than 37% of thc total site ar shall be covcrcd by buildings and thc parking structurc. 21 Ordinance No. X, Series of 2011 10/4/2011 6 -5 -53 Landscaping At least the following percentages of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate. Areas A and B, fifty percent (50 %), and in Areas C an-El-D, sixty percent (60 %), of the area shall be landscaped unless otherwise indicated on the site specific development plans. Parking and Loading A. Area A, Cascade Village 1. Off - street parking shall be provided in accordance with Chapter 12 -10, Vail Town Code, except that 75% of the required parking in Area A shall be located within a parking structure or buildings with the exception of Millrace IV, Scenario I, where 66.6% and the Westhaven Condominiums, where 71 % of required parking shall be enclosed in a building. 2. There shall be a total of 421 spaces in the main Cascade Club parking structure. A 17.5 percent mixed -use credit per the Town of Vail parking code, has been applied to the total number of required parking spaces in the Cascade structure. 3. There shall be a total of 58 on -site parking spaces on the Waterford building site with a minimum of 75% of the required space located below grade. No mixed use credit shall be applied to this site. 4. There shall be a minimum of 93 enclosed parking spaces located within the Cornerstone building with 37 of the required spaces available to the public for short -term parking. No mixed use credit has been applied to this lot. 5. The third floor of the Cascade parking structure shall not be used to meet any parking requirements for accommodation units, transient residential dwelling units, employee dwelling units or dwelling units. 6. Phasing: All required parking for Cornerstone and Waterford shall be located on their respective sites. All required parking for the Cascade Club Wellness Center Addition Scenario 1 shall be provided in the Cascade parking 22 Ordinance No. X, Series of 2011 10/4/2011 6 -5 -54 structure. 7. Seventy -five percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm for Millrace III. 8. All loading and delivery shall be located within buildings or as approved in the development plan. B. Area B. Coldstream Condominiums Fifty percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm. C. Area C, Glen Lyon Primary /Secondary and Single - Family Lots Off - street parking shall be provided in accordance with Chapter 12 -10 of the Municipal Code. D. Ar D, Glcn Lyon Commcrcial Sitc 1. Oncc thc parking structure is constructed, thc parking and acccss to Ar D shall bc managed per thc TDA Parking Rcport, Parking Management Scction, pages 6 and 7, August 10, 1988, and TDA Rcport, Vail Brcwcry Parking Analysis Update, datcd January 16, 1990, both writtcn by Mr. David L hy. 2. No loading or dclivcry of goods shall bc allowcd on thc public right of way -- • • - -- 3. Thc owncr of thc property and brcwcry managcmcnt shall prohibit scmi truck and trailcr truck traffic to thc Glcn Lyon Commcrcial sitc. Thc only truck loading that shall bc allowcd to thc sitc shall bc vans having a maximum acngth of 22 fcct. Recreation Amenities Tax Assessed The recreational amenities tax due for the development within SDD No. 4 under Chapter 23 Ordinance No. X, Series of 2011 10/4/2011 6 -5 -55 320 shall be assessed at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and at a rate not to cxcccd scvcnty fivc ccnts per square foot - ! - . - _ _ - - - . - _ 9; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. Conservation and Pollution Controls A. The developer's drainage plan shall include a provision for prevention of pollution from surface runoff. B. The developer shall include in the building construction, energy and water conservation controls as general technology exists at the time of construction. C. The number of fireplaces permitted shall be as set forth in the Town of Vail Municipal as amended. D. If fireplaces are provided within the development, they must be heat efficient through the use of glass enclosures and heat circulating devices as technology exists at the time of development. E. All water features within Development Area A shall have overflow storm drains per the recommendation of the Environmental Impact Report by Jamar Associates on Page 34. F. All parking structures shall have pollution control devices to prevent oil and dirt from draining into Gore Creek. ■. -. ■ _ I=1,G. In Area D, the brewery management shall not operate the brewery process during temperature inversions. It shall be the brewery owner's responsibility to monitor inversions. b.H. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. 4.I• Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Area A ash --B. 24 Ordinance No. X, Series of 2011 10/4/2011 6 -5 -56 K. The two employee dwelling units in Area D shall only be allowed to have gas fircplaccs that mcct the Town of Vail ordinances governing fireplaces. Additional Amenities and Approval Agreements for Special Development District No. 4. A. The developer shall provide or work with the Town to provide adequate private transportation services to the owners and guests so as to transport them from the development to the Village Core area and Lionshead area as outlined in the approved development plan. B. Area A, Cascade Village 1. The developer of the Westhaven Condominiums building shall construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect with the recreational path to Donovan Park, as indicated on the approved development plans referenced in this ordinance. The walk shall be constructed when a building permit is requested for the Westhaven Condominiums. The sidewalk shall be part of the building permit plans. The sidewalk shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the Westhaven Condominiums. 2. The developer shall provide 100 -year floodplain information for the area adjacent to the Waterford and Cornerstone buildings to the Town of Vail Community Development Department before building permits are released for either project. 3. Cornerstone The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. 25 Ordinance No. X, Series of 2011 10/4/2011 6 -5 -57 The dcvclopmcnt plan for this ar a has cxpircd. Scc Ordinancc No. 8, Scrics of 1998 for prcvious rcquircmcnts. Employee Housing The development of SDD No. 4 will have impacts on available employee housing within the Upper Eagle Valley area. In order to help meet this additional employee housing need, the developer(s) of Areas A an-GI--I shall provide employee housing. In "r, IT -- - ee. - - -- - ---e. -- - e - - - - e - -. For the Westhaven Condominiums site, the employee housing requirement shall be met as set forth in Condition 3 herein. The developer(s) of Area A shall build a minimum of 3 employee dwelling units within the Cornerstone Building and 2 within the Liftside (Waterford Building). Each employee unit in the Cornerstone Building shall have a minimum square footage of 600 square feet. There shall be a total of 2 employee dwelling units in the Waterford Building. One shall be a minimum of 300 square feet and the other a minimum of 800 square feet. The developer of the Westhaven Condominiums building shall provide 4,400 square feet of employee housing pursuant to the terms of an agreement reached with the Town of Vail as described in Condition 3. unit shall havc a minimum GRFA of 795 squarc fcct and the sccond cmploycc dwclling unit shall have a minimum GRFA of 900 squarc fcct. The GRFA and number of employee units shall not be counted toward allowable density or GRFA for SDD No. 4. All Employee Housing Units shall be deed restricted per Chapter 12.13, as amended, of the Vail Town Code prior to issuance of building permits for the respective project. In Area C, Lots 39 -1 and 39 -2, shall be required to provide a Type II, Employee Housing Unit (EHU) per Chapter 12 -13 of the Zoning Regulations of at least 500 sq. ft. each, on each lot. These lots shall not be entitled to the 500 sq. ft. of additional GRFA. The 500 sq. ft. shall be included in the allowable GRFA on these lots. Each lot shall also be 26 Ordinance No. X, Series of 2011 1 0/4/2011 6 -5 -58 entitled to 300 sq. ft. of garage area credit for the employee housing unit, in addition to the 600 sq. ft. garage area credit allowed per residence. The driveway width of 12 is allowed to remain (no increase in driveway width is required) for all allowed /required dwelling units and employee housing units on these lots. Time Requirements SDD No. 4 shall be governed by the procedures outlined in Section 12 -9A of the Town of Vail Municipal Code, unless such time requirement is amended herein. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore 27 Ordinance No. X, Series of 2011 10/4/2011 6 -5 -59 repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this X day of January, 2011, and a public hearing for second reading of this Ordinance set for the X day of February, 2011, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk 28 Ordinance No. X, Series of 2011 10/4/2011 6 -5 -60 e U) e ) OS `- S3210d L L2•0 . 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' 1 ■ irl• fi 41 ': . 4111, , , A W ; $0 '11' .. P J ' ,9 • cjiel.L . ' ...`;: Th l V ,i 'WI 0 J__,-) -T- 44. - , ; i. lee- .,, , 74 - j , 'IPA* . _ , , ____„-;- 414 — wie .- T ,40 4 . . i li z - - ....„-- . .445- i 4 ' e_ k • F. r:, ____ J - J .. ... _. '.. I. i tt .50 -- + j -F j 4 4 4 11 ° - t \ - ::---'-if A • — L i i .• . .. . A A - " - 4-11 • 'Aki. 415,11 I' i t \ 4 '. .--: • ._.‘ - ,. '') ...., J - ,1 jy . r - J 7 -, . " Z1 ' 0 4 4 e ••• A .201L2ie‘ 4 L • . . . 4r) IN:.1. , .5 ' • I Original Application March 2007 Re-Submitted December 2008 VAIL RESORTS I : I ;Lel Revised November 2009 Revised November 2010 DEVELOPMENT OMPANY Mauriello Planning Group Revised December 21, 2010 10/4/2011 6 - 5 - 61 Consultant Directory Vail Resorts Development Company Kimley -Horn and Associates, Inc 137 Benchmark Road 950 Seventeenth Street Suite 1050 Avon, CO 81620 Denver, CO 80202 (ph) 970 - 754 -2544 (ph) 303.228.2300 Tmillerl @vailresorts.com LandWorks Design, Inc. Mauriello Planning Group 3457 Ringsby Court Suite 110 PO Box 1127 Denver, CO 80202 Avon, CO 81620 (ph) 303.433.4257 (ph) 970.748.0920 dominic @mpgvail.com PCL Construction Services, Inc. 2000 South Colorado Blvd. CALLISON Tower Two - Suite 2 -500 1420 Fifth Avenue #2400 Denver, CO 80222 Seattle, WA 98101 -2343 (ph) 303.365.6500 (ph) 206.623.4646 Peak Land Consultants, Inc. Alpine Engineering, Inc. 1000 Lions Ridge Loop P.O. Box 97 Vail, CO 81657 Edwards, CO 81632 (ph) 970.476.8644 (ph) 970.926.3373 BBC Consulting Paladino and Company 3773 Cherry Creek N. Drive, Suite 859 (ph) 206.522.7600 Denver, CO 80209 www.paladinoandco.com (ph) 303.321.2547 AMEC Earth & Environmental 1002 Walnut, Suite 200 Boulder, CO 80302 (ph) 303.443.7839 Thompson and Trautz, LLC PO Box 984 Avon, CO 81620 (ph) 970.949.1413 Ever Vail (Rev. 12.21.10 2 10/4/2011 6 -5 -64 Table of Contents I. EVER VAIL UPDATE — NOVEMBER 2010 4 A. INTRODUCTION 4 B. BACKGROUND 6 C. EXISTING CONDITIONS 9 D. PROPOSED CONDITIONS 10 E. EVER VAIL AND LEED CERTIFICATION 12 11. ZONING ANALYSIS 13 III. MASTER PLAN REVIEW 15 A. LIONSHEAD REDEVELOPMENT MASTER PLAN 15 B. COMPREHENSIVE OPEN LANDS PLAN 28 C. VAIL TRANSPORTATION MASTER PLAN 29 IV. MAJOR SUBDIVISION 30 A. INTRODUCTION OF THE MAJOR SUBDIVISION REQUEST 30 B. REVIEW CRITERIA FOR A MAJOR SUBDIVISION 30 V. REZONING 34 A. INTRODUCTION TO THE REZONING REQUEST 34 B. REVIEW CRITERIA FOR A REZONING REQUEST 35 VI. SDD MAJOR AMENDMENT 38 A. INTRODUCTION TO THE SDD MAJOR AMENDMENT 38 B. REVIEW CRITERIA FOR THE SDD MAJOR AMENDMENT 38 VII. TEXT AMENDMENT 41 A. INTRODUCTION TO TEXT AMENDMENT 41 B. REVIEW CRITERIA FORA TEXT AMENDMENT 43 VIII. CONDITIONAL USE PERMITS 46 A. INTRODUCTION OF THE CONDITIONAL USE PERMITS 46 B. REVIEW CRITERIA FOR A CONDITIONAL USE PERMIT 46 IX. MAJOR EXTERIOR ALTERATION 49 A. INTRODUCTION TO THE MAJOR EXTERIOR ALTERATION 49 B. REVIEW CRITERIA FOR THE MAJOR EXTERIOR ALTERATION 49 X. HOUSING PLAN 52 XI. ADJACENT ADDRESSES 57 Ever Vail (Rev. 12.21.10) 3 10/4/2011 6 -5 -65 I. Ever Vail Update — November 2010 A. Introduction Ever Vail, LLC, an affiliate of Vail Resorts Development Company (the Applicant) is providing updated plans and application materials for the Ever Vail project. The Ever Vail project has been in the Town of Vail approval process since 2007, having been reviewed in approximately 35 meetings and hearings with the Town and the community. The review process has positively shaped and re- shaped the project since the original plan submitted three years ago. Many milestones have also been achieved in that process, including the review and approval of the relocated South Frontage Road by CDOT and FHWA. The revised plans provided today reflect the input and comments we have received over the last year and which we believe have crafted a better project overall. The most significant change to the programming is the reduction of the total square footage of commercial retail uses within the project. We heard strongly from the community, the Town Council, and the Town staff that there was concern that the amount of retail being proposed would compete too heavily with the other core retail areas. Your economic and fiscal consultant, EPS, and our economic and fiscal consultant, BBC Research, were also concerned about the viability of the amount of retail area being proposed. We are convinced that reducing the commercial retail area to a level that is necessary to simply serve the population living, staying and parking at Ever Vail is the right approach for this project. There is now enough retail floor area to serve Ever Vail with success and vibrancy, but those staying within Ever Vail will need to seek out other shopping and dining opportunities within the Town to feel commercially satisfied. The following are some of the more significant aspects of the project that have been improved or maintained in the updated design that will add to the success of the project: • Revisions to the Red Sandstone Creek corridor creating a larger '014 open park -like area. We eliminated t 'A one of the two pedestrian bridges & f, across Red Sandstone Creek and • added a new pedestrian and bicycle bridge across Gore Creek making a + �' , g the project much more accessible to '.4. the Gore Creek trail. The Applicant A _,, . x' is also proposing to grant a 40 , 40 74- v � . �,,�. _,. a id.. conservation easement for the Red' ' ' ► Sandstone Creek to the Town, which rer' �:� r `` ' today runs across private property, i "ol Mow as suggested by the Town's ; Comprehensive Open Lands Plan; • There is a significant reduction in the building mass based on comments we received from the Planning and Environmental Commission (PEC), eliminating most of the bridges connecting buildings and opening up the pedestrian areas to more light and air; • With the reduction of retail floor area, Market Street has been modified to a pedestrian area with a short segment of residential development at the grade level, complementing the grade level of the Ritz - Carlton Residences across the street, and then leading to the front door of the new RockResorts hotel and into the commercial zone of the Ever Vail project; • A 4 -star RockResorts hotel with 102 hotel rooms will be complemented by the addition of 29 lock -off units within the hotel. There are also an additional 20 lock -offs in the project bringing the number of Ever Vail (Rev. 12.21.10) 4 10/4/2011 6 -5 -66 keys to potentially 342 (hotel rooms + managed dwelling units + lock -offs) and helping to meet Town goals of "warming up" the project as much as possible. • The revised transit and bus stop facilities in the project, given the nod by both Town staff and PEC, are capable of accommodating both skier drop -off and bus stop facilities in close proximity to the proposed gondola; • The 400 publicly - available parking spaces beyond the required parking for uses on the site remain in the project. The Town's master plan suggests that the property accommodate public parking in this area. The Applicant took this master plan goal one giant step forward by not only accommodating for the 400 parking spaces, but actually committing to paying for their construction at no financial impact to the Town of Vail. With the required parking to serve retail uses on the property, the proposal includes a total of 665 spaces available to skiers and consumers; • Ever Vail is proposed to contain approximately 67% of the employee housing requirement on -site which is in excess of the Town's requirements; • The relocation of the weekend DEVO program from Golden Peak to Ever Vail remains in the plans, thus reducing the congestion problems encountered along Vail Valley Drive. The 12,000- square -foot recreational facility for the Vail Recreation District's Youth Services includes an 80- foot -tall climbing wall within a glassed structure acting as an iconic element for the project. • The project master plan maintains the USGBC Stage One LEED for Neighborhood Development approval with a Platinum designation, the highest level achievable under the program. The Applicant believes that the sustainable and green aspects and LEED rating of this project will set Ever Vail apart from other resort projects across the country and throughout the world, and will help position both Vail Resorts and the Town of Vail as leaders in their collective pursuits of sustainable goals; and Finally, the Applicant has revised the project such that there is no need for any variances to Town Code. The project fully complies with Town Code and is consistent with the Lionshead Redevelopment Master Plan. I lk, . ' _ ...,.."-.**" - it, ..,--- _, -M - n b k - ri," :: / i l ir I ,y y ""' ' } 7r ►. y + ' 1i 1 - ! kk y ii1 i i' ie ' $ , p ��1 , . �q Y fi _ f I 1;1 odd s." �� s i t _ h -,, 1 l — Ever Vail (Rev. 12.21.10) 5 10/4/2011 6 -5 -67 B. Background In March of 2007, the Applicant submitted the original application for a rezoning and major subdivision to facilitate the review process for Ever Vail. The application was reviewed by the Planning and Environmental Commission on September 22, 2007, following a staff recommendation of approval, who subsequently recommended approval to the Town Council. The Town Council requested that the Applicant return with all applications necessary to facilitate the Ever Vail project, rather than just the Major Subdivision and Rezoning request, and the applications were subsequently withdrawn to allow the Applicant to prepare the entire entitlement package for review by the Town of Vail. On December 2, 2008, the Applicant submitted all applications to facilitate the development of Ever Vail. The early part of 2009 was spent reviewing the proposed Frontage Road and a general overview of the project, with meetings occurring all through 2009 and culminating in substantial revisions to the plans based on the input from Town Staff, Planning and Environmental Commission, Design Review Board, and Town Council, in addition to input received at the various public open houses. Revision to the plans were made in November of 2009, addressing this input. Since the March 2007 submittal, the following public meetings have occurred: Meeting Board Date Topic 1 Planning and Environmental Commission 5 -14 -07 Worksession 2 Planning and Environmental Commission 6 -25 -07 Worksession 3 Planning and Environmental Commission 7 -23 -07 Worksession 4 Planning and Environmental Commission 9 -24 -07 Major Subdivision approval, rezoning discussion 5 Planning and Environmental Commission 10 -22 -07 Recommendation of approval for Rezoning 6 Town Council 1 -22 -08 Update 7 Town Council 7 -1 -08 Update 8 Town Council 7 -15 -08 Rezoning Request 9 Town Council 9 -2 -08 Amendment to Vail Land Use Plan for Cascade Crossing, Vail Professional Building, GLOB 10 Planning and Environmental Commission 12 -22 -08 Frontage Road 11 Design Review Board 1 -7 -09 Frontage Road 12 Planning and Environmental Commission 1 -12 -09 Frontage Road, Major Subdivision 13 Planning and Environmental Commission 1 -26 -09 Frontage Road, Major Subdivision, Extensive Site Visit 14 Planning and Environmental Commission 2 -9 -09 Frontage Road, Vehicular Circulation, Pedestrian Connections 15 Planning and Environmental Commission 2 -23 -09 Frontage Road, Major Subdivision 16 Planning and Environmental Commission 3 -13 -09 Frontage Road, Major Subdivision, PEC approval of width of R -O -W 17 Town Council 4 -21 -09 Frontage Road endorsed for submittal to CDOT 18 Planning and Environmental Commission 12 -14 -09 Project overview, public and private parking, skier parking analysis 19 (Town Council 112 -15 -09 I Update on project 20 Design Review Board 12 -16 -09 Project overview, review of site plan and landscape plan, general architecture Ever Vail (Rev. 12.21.10 6 10/4/2011 6 -5 -68 Meeting Board Date Topic 21 Public Open House 12 -30 -09 Project overview and review of changes 22 Planning and Environmental Commission 1 -11 -10 Core Area Parking, vehicular circulation below grade, Traffic Report, Walker Parking Report 23 Town Council and Planning and 1 -19 -10 Project overview at joint worksession Environmental Commission 24 Planning and Environmental Commission 1 -25 -10 Circulation, public spaces and plazas, ground level uses, Market Study 25 Planning and Environmental Commission 2 -8 -10 Other programming 26 Community Meeting 2 -11 -10 Transportation, Traffic Circulation, Skier Drop -Off 27 Planning and Environmental Commission 2 -22 -10 Fiscal Impact Analysis 28 Community Meeting 3 -5 -10 Project overview 29 Planning and Environmental Commission 3 -22 -10 Building bulk and mass, setbacks, transit, connections to Cascade and Lionshead 30 Town Council 4 -7 -10 Project Update 31 Town Council 4 -20 -10 Metro District Update 32 Art in Public Places 3 -2 -09 Project Overview, Potential Art Opportunities 33 Planning and Environmental Commission 4 -26 -10 Transit, connections to Cascade and Lionshead 34 Planning and Environmental Commission 5 -24 -10 Bulk and Mass 35 Town Council 6 -15 -10 EPS Fiscal Review Additional meetings occurred prior to the March 2007 submittal, including extensive meetings to amend the Lionshead Redevelopment Master Plan for West Lionshead and subsequent meetings to amend the Lionshead Redevelopment Master Plan to include the Glen Lyon Office . Building site (submitted by 1 _ •. others). In addition to the meetings with all of the various boards and commissions, the``--,' Applicant has attended weekly 1 016 - 4 • meetings with staff to ensure that + 5 all issues have been addressed. - : 1111 • Previous studies have been I ,, ! ... revised when necessary, and _ y L -� a; � — 4 . r -4• -. 0 I IT • provided for review by the Town M � f ' rEI Y iI of Vail. All of the applications . _ ih, , 1 --- fp submitted to the Town for review .'•. . g ` 1 and approval are listed below: I 11 Ever Vail (Rev. 12.21.10) 7 10/4/2011 6 -5 -69 Application Type Brief Description Reviewing Board* Major Subdivision The preliminary subdivision plan which was approved by the PEC in 2007 PEC final approval has since expired. The purpose of the preliminary subdivision plan is to plat the property into Lots 1 and 2 of the Ever Vail Subdivision. From the previous approval, additional land has been added to accommodate some utilities. The preliminary subdivision plan includes the relocation of the S. Frontage Road. The Town of Vail has approved a partial Preliminary Plan establishing the north property line of the Ever Vail property in 2009. Rezoning The area of Ever Vail to the west of Red Sandstone is currently zoned ABD PEC recommendation and the current S. Frontage Rd. is unzoned. Glen Lyon Office Building (GLOB) TC final approval is currently part of SDD #4, Cascade Village. These areas will be zoned Lionshead Mixed Use — 2, to match the remaining portion of the property and consistent with the Lionshead Redevelopment Master Plan. SDD Major Along with the rezoning, a Major Amendment application to SDD #4 is PEC recommendation Amendment proposed to eliminate the Glen Lyon Office Building from this SDD. TC final approval Text Amendment Ever Vail is not currently within the Core Area for parking requirements. The PEC recommendation amendment allows for Ever Vail to be within the Core Area, consistent with (approved 1.11.10) its intended use and transit facilities. TC final approval Conditional Use The private parking structure, certain residential uses, office, conference PEC final approval Permits and meeting space, maintenance facility, transit center, and the gondola are identified as conditional use permits in the LMU -2 zone district. Major Exterior The construction of buildings within LMU -2 requires a major exterior PEC final approval Alteration alteration. Flood Plain The relocation of the South Frontage Road impacts the flood plain. PEC final approval Modification Permit Additional flood plain modification permits may be required for improvements to Red Sandstone Creek and will be provided during the Design Review process. *the Town Council can call -up the decision of the Planning and Environmental Commission 1 ... t r 1 1-' .- . , _ "MN= Ever Vail (Rev. 12.21.10) 8 10/4/2011 6 -5 -70 C. Existing Conditions Ever Vail is a project proposed on an approximately 12 -acre site in the area known as West Lionshead. The site includes the Vail Professional Building, Cascade Crossing, the Vail Maintenance Yard, the old BP Gas Station, and the Glen Lyon Office Building, along with portions of the existing South Frontage Road. The gas station was demolished and environmental remediation undertaken in preparation for this project, so the gas station site is currently used as Vail Resorts employee parking (59 spaces) displaced by the construction of the First Chair employee housing project . The following table provides background information about the current uses on the site: Site General Description Specific Use(s) Vail Professional Building Offices and limited retail 1,938 sf retail 17,987 sf office Cascade Crossing Retail and limited office 8,584 sf retail 1,479 sf restaurant 1,020 sf office Old BP Gas Station Former gas station and auto repair, 3,374 sf repair shop temporarily used for employee parking Glen Lyon Office Building Offices 10,829 sf office Vail Maintenance Yard Maintenance yard and VR employee 245 parking spaces parking 9,600 sf office /warehouse , . `Tim Li. AMOCO , . - 201 „ '.. i sic . ' - sh r F i ,4, 0, 0, - • t ?fir" - s.ro *P' ' i •'� . 1 ' fib - - yg 'k�.` -� = P *- µ i'l - f S - 0,61" - i1 �I y fir. `, 11 R Ever Vail (Rev. 12.21.10) 9 10/4/2011 6 -5 -71 D. Proposed Conditions These revisions to the previous applications are intended to address all comments received to -date and to allow for final approval of the Ever Vail project. The most substantial change made to the project is a significant reduction in commercial uses on the site. The Town Council, staff, and the Town's consultant expressed concern that the level of commercial use in Ever Vail was not appropriate based on the proposed density of the project and the needs of the Town of Vail. As a result, a significant amount of commercial square footage was removed from the plans. This had the ripple effect of reducing the parking requirement and commercial linkage employee housing requirements for the project. All commercial uses were removed from the west side of the project, allowing for a new park -like feature at the confluence of Gore and Red Sandstone Creeks. Commercial uses were also removed from the east side of the project and replaced with residential uses on the first floor. As a result, a new Conditional Use Permit Application was submitted for these uses. Other changes include the elimination of some of the bridges which connected buildings, elimination of the transit center in the front setback, elimination of the variance for site coverage (underground uses), a reduction in height of certain buildings, the conversion of a portion of Market Street to a completely " r h a. ' pedestrianized zone, etc. r r Hotel and Commercial Uses 44 4 : ) - %.' , I r I 'Mr The project continues to include the , { e extensive list of uses and amenities as '''} R _ '' �" previously conceived. The Rock Resort ,+►`t V �, I r Hotel with 102 rooms and associated ' �' � -- conference and meeting rooms of over ;� 4� r i -i r: 9 , ' t ii; ti tx r li ' ,,. .r 9,807 sq. ft. (gross) is still proposed. With 1 ' t tio the addition of 49 lock -off units the hot and ' warm bed count of Ever Vail has been . �, i- ''1 c. A 4 * ` increased dramatically. Ever Vail will have I i , -)F:: '` ' a _ '` 7 -' • 0. an approximately 13,000 sq. ft. specialty - , „ 4 ,"L • market, along with 15,000 sq. ft. of general _ - ti, •.----4 Y 4 s. r retail. There will be an additional 16,000 sq. ft. of restaurant area and a 6,600 sq. ft. nightclub. Ever Vail will also include approximately 34,600 sq. ft. of office uses, increasing the total amount of offices uses currently existing (approx. 29,000 sq. ft.) on the site. Residential and Employee Housing Ever Vail includes 381 condominium units with approximately 570,000 sq. ft. of GRFA. Forty -nine (49) of these condominiums will have lock -offs, resulting in a significant increase in warm beds available in the Town of Vail. In addition, there will be approximately 41 employee housing units, both for -sale and rental units, meeting approximately 67% of our requirement on -site. A portion of the employee units will be restricted to lower income families pursuant to the LEED ND program, well beyond the requirements of the Town of Vail. Parking and Transit The Applicant remains committed to providing 400 day -skier parking spaces, as outlined in the Lionshead Redevelopment Master Plan to alleviate parking currently occurring on the Frontage Road and to accommodate the shifting demand for parking as a result of the new gondola. Along with the 400 skier spaces, there are an additional 289 parking spaces to satisfy the "no net loss" policy of the Lionshead Redevelopment Master Plan. There are an additional 265 commercial spaces for a total of approximately 665 parking spaces open to the public for commercial users and skiers. A complete parking analysis is provided in Section II of this update. Since the previous update, substantial work has occurred on finalizing a transit center design for Ever Vail. Now approximately 25,000 sf, the Ever Vail transit center will accommodate four buses, and 13 skier drop -off spaces, with opportunity for expansion onto the Frontage Road for additional transit uses should additional bus bays be necessary. At a direct cost to the Applicant of approximately $8,000,000, this is a huge benefit to the entire Town of Vail community. Ever Vail (Rev. 12.21.10) 10 10/4/2011 6 -5 -72 Vail Mountain Ever Vail is about the mountain. A new gondola will be provided, helping to alleviate congestion at the other mountain portals. Finally, mountain operations will receive a brand -new, state of the art, completely subterranean mountain operations facility with direct access to the snowcat bridge and access road up Tract K. The following provides a general summary of the programming proposed based on each building for Ever Vail. A complete zoning analysis, with a more specific breakdown of all uses is provided in Section II: Building General Description Uses and /or Approx. SF WEST 45 du W1 Residential 17 ehu 65 du (includes 20 lock -offs) W2 Mixed Use 12,172 sf children's services 34 du W3A -E Residential 5 ehu EAST 20 du 5,732 sf commercial El Mixed -Use 2,887 sf office 3,487 sf meeting space 58 du 6 ehu E2 Mixed Use 10,311 sf commercial 1,900 sf office 51 du (includes 24 lock -offs) 56 au E3 Mixed Use 16,368 sf commercial 9,950 sf spa E4 Gondola I NA 52 du 4 ehu E5 Mixed -Use, Transit 29,882 sf office Center 2,332 sf commercial 25,041 sf transit center 27 du (includes 5 lock -offs) E6 Residential 46 au 29 du E7 Mixed -Use 9 ehu 19,935 sf commercial Ever Vail (Rev. 12.21.10 11 10/4/2011 6 -5 -73 E. Ever Vail and LEED Certification The U.S. Green Building Council has developed a LEED for Neighborhood Development Rating System. The U.S. Green Building Council, the Congress for the New Urbanism, and the Natural Resources Defense Council —three organizations that represent some of the nation's leaders among progressive design professionals, builders, developers, and the environmental community —have come together to develop a national set of standards for neighborhood location and design based on the combined principles of smart growth, new urbanism, and green building. The goal of this partnership is to establish these standards for assessing and rewarding environmentally superior development practices within the rating framework of the LEED (Leadership in Energy and Environmental Design) Green Building Rating SystemTM. The Neighborhood Development rating system is designed to certify exemplary development projects that perform well in terms of smart growth, new urbanism, and green building. Projects may constitute whole neighborhoods, fractions of neighborhoods, or multiple neighborhoods. Smaller, infill projects that are single use but complement existing neighboring uses should be able to earn certification as well as larger and mixed -use developments. Ever Vail has been accepted to be a LEED certified neighborhood development and has received its Stage One approval by the USGBC. The Ever Vail Master Plan achieved a LEED Platinum Rating (the highest possible rating) in September 2008 when it completed Final Stage One LEED -ND Review was returned by USGBC. According to USGBC, Ever Vail was the: • 12th LEED -ND project certified • 2nd Platinum LEED -ND project • 1st LEED -ND project in Colorado /Rocky Mountain Region • LEED -ND project furthest east of the Pacific ,, _ 'Q fi r. - f t d !t; t ip } , - i • • 11 illi 1u rt f 1 ■ f r" _ __ T r" i 11 i 1: , ■ 7 " : g , ! ` tr f • z f R -- p, .� /_ ` ti � " . A 11 f k t .r r. - r "t• f - - moo" 1.- ,: s , c ti t, ; ,; , a _' , I � Ever Vail (Rev. 12.21.10) 12 10/4/2011 6 -5 -74 II. Zoning Analysis Requirement Allowed /Required Proposed Lot Size: 10,000 sq. ft. 12.617 acres / 549,574 sq. ft. Buildable Area: 10,000 sq. ft. 480,313 sq. ft. Setbacks: Front /Side /Side /Rear: 10 ft. /10 ft/10 ft. /10 ft. 10 ft. minimum Gore Creek: 50 ft. 50 ft. minimum Red Sandstone: 30 ft. 30 ft. minimum Height: Max: 82.5 ft. 82.5 ft. Average: 71 ft. <71 ft. Density: Units: 430 units 381 units Units per Acres: 35 units /acre 30.20 units /acre GRFA: 250% of buildable area 131% of buildable area 1,200,783 sq. ft. 628,462 sq. ft. (includes hotel) Site Coverage: 70 %/384,701 sq. ft. 69.98% / 384,623 sq. ft. (Above -grade site coverage = 46 %) Landscape Area: 20 %/109,914 sq. ft. 28.28% / 155,381 sq. ft. Softscape: 23.56% / 129,484 sq. ft. Hardscape: 22.63% / 124,345 sq. ft. Loading and Delivery: Max of 5 bays 10 straight -body truck bays 3 semi truck bays 1 hauler cat bay Parking: (a full analysis is 772.3 spaces 1,478 spaces provided in Section VI) As the Zoning Analysis indicates, Ever Vail meets the requirements of the Lionshead Mixed Use - 2 zone district and no variances are required for approval. In addition to the zoning requirements, Ever Vail fully complies with the Lionshead Redevelopment Master Plan, which in some cases is more restrictive than the zoning. The Zoning Analysis provided above outlines the project with regard to the zoning standards, but does not give a complete picture of all of the uses proposed on site. The following table is intended to provide an understanding of all of the various uses proposed: Use West East Total Dwelling Units (DU) 144 237 381 DU GRFA 215,776 355,542 571,318 Units with Lock -Off (not additional DU) 20 29 49 Accommodation Units (AU) 0 102 102 AU GRFA 0 94,482 94,482 Employee Housing Units (EHU) 22 19 41 EHU GRFA (on -site) 26,155 23,544 49,699 Ever Vail (Rev. 12.21.10) 13 10/4/2011 6 -5 -75 Use West East Total Office NSF 0 34,669 34,669 Retail NSF 0 31,527 31,527 Eating and Drinking Establishment NSF 0 22,337 22,337 Eating and Drinking Establishment (Seating SF - 0 11,307 11,307 for calculating parking) Conference and Meeting Space NSF 0 9,807 9,807 Conference and Meeting Space (Seating SF - 0 7,465 7,465 for calculating parking) Spa NSF 1 01 9,9501 9,9501 'Skier Ticketing NSF 1 01 2,5261 2,5261 1 Children's Services NSF 1 12,1721 01 12,1721 1 Mountain Ops 1 01 91,5611 91,5611 The following table provides a summary of the parking analysis (additional calculations are provided in Section VI): Use Parking Required Dwelling Units 413.4 Employee Housing Units 44.4 Total Residential 457.8 Accommodation Units 55.3 Office 72.5 Retail /Skier Services 61.2 Eating and Drinking 35.0 Conference 23.4 Spa 7.7 Children's Services 9.4 Mtn Ops 50 Total Commercial /Other 314.5 Skier Parking Obligation 400 Employee Replacement Parking Obligation 289 Total Required + Obligation 1,461.3 Total Spaces Provided 1,478.0 Ever Vail (Rev. 12.21.10 14 10/4/2011 6 -5 -76 III. Master Plan Review A. Lionshead Redevelopment Master Plan The Lionshead Redevelopment Master Plan (LRMP) provides the framework for the Town of Vail to review this application to facilitate the redevelopment of Ever Vail. The Lionshead Redevelopment Master Plan was originally adopted in December of 1998 and amended numerous times. At the time of adoption, the Town recognized that Vail was nearing an important crossroads and that major changes were necessary to remain at a competitive advantage in the ski resort industry. The purpose statement of the LRMP clearly identifies how Vail intended to face this competition head -on: (Sec. 2.1) This master plan was initiated by the Town of Vail to encourage redevelopment and new development initiatives within the Lionshead study area. Both public and private interests have recognized that Lionshead today lacks the economic vitality of Vail Village, its neighboring commercial district, and fails to offer a world -class resort experience. Lionshead's economic potential has been inhibited by a number of recurrent themes: lack of growth in accommodation units ( "hot beds "), poor retail quality, the apparent deterioration of existing buildings, an uninteresting and disconnected pedestrian L IONSHEAD environment, mediocre architectural character, and the absence of incentives for redevelopment. REDEVELOPMENT Redevelopment is critical for Vail and Lionshead if the 'TASTER PLAN community is to remain a competitive four- season resort. Other resorts are spending millions of dollars to upgrade their facilities in order to attract more visitors year- round. Growth in the number of skiers annually has slowed to one to two percent, submitted to the Vail Town Council intensifying competition for market share. Skiers are spending less time skiing and more time shopping, December 15, 1998 dining out, and enjoying other off - mountain activities. Updated January 0.2006 As a result, the demand for quality retail shopping and a greater diversity of experiences has dramatically increased. All of these are sorely in need of improvement in Lionshead. Vail, and specifically Lionshead, will fall behind if the community fails to upgrade the quality of its facilities and correct the existing flaws in its primary commercial nodes. This purpose statement reads much like the Applicant's purpose for the Ever Vail development: • An increase and diversification in hot beds. This is accomplished through the Rock Resort hotel, 49 lock -offs, and dwelling units have the opportunity to participate in a voluntary rental program. • An increase and diversification in retail offerings, a live music venue and a specialty market /grocer. • Removal of older, deteriorating buildings, including an aging maintenance facility and the existing strip mall - type use. The new structures will be built to LEED standards and the new maintenance facility will allow Mountain Operations to have a state -of- the -art, efficient facility to serve their needs in maintaining Vail's premier mountain status. All of this will be done in an exciting and inter - connected pedestrian environment bounded by sophisticated architecture and an extraordinary natural environment. Ever Vail (Rev. 12.21.10) 15 10/4/2011 6 -5 -77 The LRMP provides six policy objectives which further detail this purpose statement: (Sec. 2.3) Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ( "live beds" or "warm beds ") through new lodging products. Live beds and warm beds are best described as residential or lodging rooms or units that are designed for occupancy by visitors, guests, individuals, or families on a short term rental basis. In order to improve occupancy rates and create additional bed base in Lionshead, applications for new development and redevelopment projects which include a residential component shall provide live beds in the form of accommodation units, fractional fee club units, lodge dwelling units, timeshare units, attached accommodation units (i.e, lock -off units), or dwelling units which are included in a voluntary rental management program and available for short term rental. Further, it is the expressed goal of this Plan that in addition to creating additional bed base through new lodging products, there shall be no net loss of existing live beds within the Lionshead Redevelopment Master Plan study area. Improved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. Improved Infrastructure The infrastructure of Lionshead (streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. Creative Financing for Enhanced Private Profits and Public Revenues Financially creative and fiscally realistic strategies must be identified so that adequate capital may be raised from all possible sources to fund desired private and public improvements. Maintenance Yard Chapter 3 of the LRMP identifies all of the existing conditions presenting challenges to the objectives of the Town of Vail. Many of these are described in general terms. However, the maintenance yard is specifically identified and addressed: (Sec. 3.2.5.3) Vail Associates Service Yard The Vail Associates service yard, bordered by the South Frontage Road on the east and south and Red Sandstone Creek on the west, currently contains a wide variety of mountain operation functions such as snowcat service and fueling, warehouse storage, and maintenance shops. While the service yard is critical to Vail Associates' mountain operations there is a strong interest on the part of the Town of Vail to see the majority of these facilities relocated on- mountain. According to Vail Associates it may be possible Ever Vail (Rev. 12.21.10 16 10/4/2011 6 5 -78 to relocate many of the facilities, but the snow cat service and fueling operations must remain at or near its current location. Specific issues regarding the service yard include: a. Visual Like its neighboring Amoco service station, the service yard is at the western front door to Lionshead. Much of the yard is screened by an existing berm, but the facility is inconsistent with the existing land uses in Lionshead and the desired visual character of a destination resort. As redevelopment occurs in west Lionshead it will become increasingly important to address these visual concerns. b. Access The snow cat fueling and maintenance operations are a significant component of the service yard functions. Snow cats and snowmobiles must cross the South Frontage Road to access the mountain, frequently conflicting with traffic on the frontage road. c. Forest Road Mountain Access Snow cats from the service yard currently access the mountain via Forest Road to the Born Free ski run. Though a pre - existing condition, the presence of the snow cats on Forest Road has long been a consistent complaint of the Forest Road property owners. It is clear that the removal of snow cats from Forest Road is desirable but there is no existing secondary route to the mountain and the alternatives for e -- creating a new access way, while possible, are problematic. A4" . :: w The completion of the ski cat access road up Tract _ _ -_..."?'=-4.f.-:* ; � M ; ,� , " K opens up the opportunity to relocate Mountain . Operations to the area adjacent to the "Bridge to ` ` ',, i, ` Nowhere as it will now go somewhere. Locating ,--r. - A . . Mountain Operations completely below grade :%-:_c -!��; ,., , _ „- '` _ minimizes its impacts to adjacent properties 4 t 1 - 1 .4t , ,._ (within and adjacent to Ever Vail) and furthers the i, i " �• -' „,,, goals of the Lionshead Redevelopment Master ; - 1 - Plan. AN '`A 4 6t” * 4 i i I • 1 No Net Loss of Parking '9 +- r . This chapter also discusses the existing Vail Resorts/ Vail Mountain parking situation, with specific reference to the basic ground rule of "no net loss of parking ": (Sec. 3.9.4) 3.9.4 Vail Associates Employee Parking Vail Associates currently utilizes two large surface parking lots within the study area for its employee parking needs. The North Day Lot (see figure 3 -15), with a capacity of approximately 105 cars, is located behind the Landmark tower and is the site proposed for a transportation facility, employee housing, and other uses contemplated under the zoning on the property (LMU -1). The west day lot, located just west of the Marriott parking structure, has an approximate capacity of 160 cars and represents a significant development opportunity. Parking displaced by redevelopment of these sites must be replaced within the Lionshead study area to satisfy the ground rule requiring no net loss of parking. The displaced parking will be provided in West Lionshead within a parking structure included as part of the Ever Vail project. As part of the project, the Applicant will be proposing replacement of parking at the Ever Vail site, to meet the "no net loss" policy as outlined by the Lionshead Redevelopment Master Plan. Recent construction of projects on the West Day Lot (now the Ritz - Carlton) and North Day Lot (now First Chair), have displaced parking onto the Ever Vail (Rev. 12.21.10) 17 10/4/2011 6 -5 -79 existing Ever Vail site. With the construction of Ever Vail, all parking to satisfy the no net loss policy will be fulfilled. The following chart provides an analysis of all VR employee parking that existed in Lionshead pre - redevelopment, and tracks it through to the completion of Ever Vail: Site Spaces Notes Historical: Pre - Lionshead Redevelopment West Day Lot 160 Holy Cross Lot 129 Includes Mtn Ops parking North Day Lot 105 TOTAL 394 Total Replacement Obligation Ritz Post - Construction West Day Lot' 0 I WDL becomes the Ritz Carlton Residences Holy Cross Lot 295 Move adds 166 spaces to Holy Cross Lot (160 to replace WDL, 6 for future North Day Lot development) North Day lot 105 TOTAL 400 Net surplus of 6 spaces North Day Lot Post - Construction West Day Lot 0 Holy Cross Lot 295 Includes shop parking North Day Lot 61 Employees plus surplus parking Old BP Lot 59 PCL office removed, parking lot created for partial replacement of NDL TOTAL 415 Carrying a credit of +21 spaces Ever Vail Post - Construction West Day Lot 0 Ritz Carlton Residences Holy Cross Lot 0 Becomes part of Ever Vail North Day Lot 61 Developed as employee housing and parking Ever Maintenance Shop 50 Relocated Maintenance Shop Ever Vail Replacement 289 Replacement for BP lot, Holy Cross Lot TOTAL 400 Net increase of 6 spaces to maintain No Net Loss Policy This equates to a total parking replacement of 289 parking spaces. These spaces are included in the parking calculations provided in this document. West Lionshead Policies Chapter 4 of the LRMP provides recommendations for the overall study area and includes a section on the West Lionshead neighborhood: Ever Vail (Rev. 12.21.10) 18 1 0/4/2011 6 -5 -80 (Sec. 4.1.5) West Lionshead — Residential /Mixed -Use Hub West Lionshead includes the Vail Associates Service Yard, Holy Cross site, Vail Professional Building site, Cascade Crossings site, Glen Lyon Office Building site, former gas station site, and the Eagle River and Water and Sanitation site. This area of Lionshead is generally under utilized and from an aesthetic standpoint is not in keeping with what the Town would like to see Lionshead become as it redevelops in the coming years. The Town of Vail does place a high value on maintaining the office and retail areas in West Lionshead and any redevelopment should reasonably increase the square footage of existing office and have "no net loss" of retail square footage in West Lionshead. With their recent acquisition of additional properties in this area, Vail Resorts has the opportunity to bring lift service to this part of Lionshead. Lift service brings with it great potential for the re- development of this area and in doing so expand all of Lionshead to the west with improved pedestrian connections, new retail and office activity and other improvements. While lift access will certainly energize this area during the winter months, attention should be given to creating a year -round attraction within this area of Lionshead. The master plan recommends that this hub become a residential/ mixed use area with an emphasis on meeting the needs of both the local community and our guests. Appropriate uses could include high density residential development, lodging, community and visitor based office and retail space, employee housing and parking, bus or transit functions and a ski lift connection to Vail Mountain. The catalyst for this mixed use hub is ski lift access to Vail Mountain. Consideration should be given to integrating employee housing into the redevelopment of West Lionshead in accordance with the Town's employee housing policies and regulations. To the extent possible development patterns in this area should reflect north -south orientation of buildings, visual penetrations to the mountain, and a pedestrian oriented environment. The degree of north -south building orientation may be difficult given the relatively narrow east -west orientation of this area. In addition, the introduction of ski lift access in this location creates a catalyst for a structured public parking facility. All service and delivery demands created by development in this area shall be accommodated on -site. The site will continue to accommodate the existing and potentially expanded functions of the Vail sanitation plant. The mountain service yard could be reduced in size, as some functions can be moved to less central locations. It may also be possible to relocate the entire mountain service yard to a new location in the West Lionshead area which would allow for greater flexibility in the redevelopment of this site. However as the area develops it is critical that new uses be connected to the primary pedestrian corridors and that they be served by the Town of Vail in -town transit system. The above section of the LRMP clearly states the intention for this area to become a residential and mixed use area, to include high density residential development, lodging, office, retail space, employee housing and parking. The uses proposed at Ever Vail clearly align with this intent. While each of these uses will be addressed in later sections of this submittal document, it is clear that Ever Vail is consistent with the LRMP. Public Transportation Chapter 4 also includes the following section on public transportation: (Sec. 4.5.1) Connection to West Lionshead West Lionshead consists of the Vail Associates Service Yard, Holy Cross site, Vail Professional Building site, Cascade Crossing site, Glen Lyon Office Building site, former gas station site, and the Eagle River Water and Sanitation site. Because it is an area of potentially significant growth, it is important that it be fully integrated into the Town of Vail transit system. The West Lionshead properties are at the outside edge of Ever Vail (Rev. 12.21.10 19 10/4/2011 6 5 -81 the acceptable walking distance to the ski yard (1200 feet). With a mixed use development in the area which integrates a ski portal, retail space, office space and residential development, transit service to this area and interconnections to other portals will be critical to develop in the future. In addition, the update of the Vail Transportation Master Plan shall provide direction on the ultimate location of a Lionshead Transit Facility along with needed interconnections between ski portals, regional transit stops, and other transportation modes. The addition of a ski lift in this area would make this area more viable to redevelopment as it would be within the acceptable walking distance of a lift (1,200 feet). (Sec. 4.5.2.1) Relocate the Regional Transit Stop It is recommended that the Lionshead regional transit stop, currently located at the Lionshead Place cul- de -sac, be relocated to the proposed North Day Lot, the Lionshead parking structure, and West Lionshead. This will provide a Lionshead connection between the regional transit system and the Town of Vail transit system. In addition, visitors and employees coming to Lionshead by regional bus will arrive at a defined portal instead of the current "back door" on Lionshead Place. Finally, this will remove the large regional buses from West Lionshead Circle and Lionshead Place. It may be possible to locate elements of a regional transit stop in the West Lionshead area in conjunction with a new ski lift and parking facility. However, given its location on the periphery of Lionshead, this area may not be the most viable location for a regional transit stop. Notwithstanding the above, facilities for skier drop -off, private shuttle vans and Town of Vail in -town buses should be included in the design of the ski lift and parking facility. In 2006, the Town of Vail initiated an update of the Vail Transportation Master Plan. In addition, the Town initiated a development competition for the Lionshead Parking Structure redevelopment, which would include a transit facility. It is anticipated that the Transportation Master Plan update along with the conclusion of the Lionshead Parking Structure redevelopment process will provide direction on the ultimate location for a Lionshead Transit Facility and /or the type of transit facilities that may be necessary in West Lionshead. As this section indicates, redevelopment of West Lionshead would be challenging without the addition of a lift. All areas of Ever Vail will be within 1,200 ft. of the proposed gondola, while public parking and skier drop -off are within 400 ft. This gondola has been designed to be central to the site, to maximize accessibility. In addition, the intent is to maximize public transit and bus access to the site, and facilities have been provided for skier drop -off, private shuttle vans, and regional /in -town buses. Road Relocation Chapter 4 provides direction on the potential realignment of S. Frontage Road: (Sect 4.6.2) South Frontage Road Recommendations outlined below address potential re- alignment of portions of the frontage road, ingress and egress improvements, bicycle/ pedestrian improvements, and visual improvements. For a detailed discussion of capacity and the impacts of future development on the frontage road, see the * _... traffic impact study contained in appendix A. ywmvYevx:Ga.c1� / Figure 4 -9 depicts potential redevelopment without the realignment of the Frontage Road p "° while Figure 4 -9a depicts redevelopment with a partial realignment of the Frontage Road. Potential Realignment The concept of realigning the South Frontage Road at the western end of the study area grew out of public discussions _ 1 about land development and traffic flow in West Lionshead. Relative to traffic flow, �" "' ° `°" `°" °' _ `"' "`° ""'G" " " °"`R Ever Vail (Rev. 12.21.10) 20 10/4/2011 6 -5 -82 realignment will remove the conflict that now exists between through - traffic and mountain service vehicles (snow -cats and snowmobiles) entering and exiting the Vail Associates service yard. Realignment will position the road to the north of most new development, thus reducing the potential for conflicting turning movements. Regarding future land use, the realignment of South Frontage Road will allow the west day lot and the service yard to be combined into a contiguous development parcel. This is an important consideration for the development conceptually depicted in figure 4 -9a, and it would be necessary if the service yard property is used for a secondary public parking facility or other uses. Any existing parking on the West Day Lot must be replaced within the Lionshead study area. Through the Transportation Master Plan update it is anticipated that a significant traffic control device will need to be installed in the West Lionshead area. Such a device may include a round about. Specific considerations regarding realignment are. a. Proposed Alignment The proposed realignment of the South Frontage Road is depicted in figure 4 -9a. Critical design issues include the width of the road and the radius of the curves. Both of these factors will be important in reducing the speed of vehicles entering the Lionshead area and the amount of land consumed by the two curved road sections. Cooperation between property owners, developers, the Town of Vail, and the Colorado Department of Transportation will be necessary to implement the realignment of the Frontage Road. b. West Lionshead Circle Connection It is proposed that West Lionshead Circle connect back to the frontage road at the west side of the Vail Spa. The alignment depicted in figure 4 -9a terminates perpendicular to the frontage road and does not require the acquisition of private property. A new parcel of developable land, suitable for offices or non - resort retail, would be created on the southeast corner of this intersection. c. Forest Road Connection Forest Road could be realigned to cross through the newly created development parcel, providing access to that site and connecting at right angles to the frontage road. Another alternative that should be considered is to connect Forest Road to West Lionshead Circle via the existing Frontage Road right -of -way. d. Transit and Emergency Vehicle Corridor A transit and emergency vehicle corridor should remain in the existing alignment of the frontage road. This connection is necessary to provide a through- transit route to the west end of Lionshead and also keeps in place the existing utility corridor. e. Feasibility of Realignment The ability to realign the frontage road will be heavily influenced by costs, CDOT (Colorado Department of Transportation), and the Federal highway administration. Future west Lionshead developments will require significant upgrades and widening of South Frontage Road, potentially including the widening or reconstruction of the bridge over Red Sandstone Creek. The cost of realigning the frontage road is in addition to the mandatory costs of improving the road. f. Future Frontage Road Re- alignment The opportunity may exist to re- locate the Frontage Road the full length of the West Lionshead planning area. The benefit of this alternative would be to eliminate the Ever Vail (Rev. 12.21.10 21 10/4/2011 6 5 -83 "Frontage Road barrier" between the Holy Cross site and the Vail Professional Building. While this alternative would require coordination with other surrounding land owners, it could warrant further study and evaluation in the future. The Applicant has been working successfully with CDOT on the complete re- alignment along the full length of the planning area and the Town has made the application to CDOT for the road relocation. Final approval by the FHWA is currently pending. A traffic study by Kimley -Horne and Associates has been provided to further address the S. Frontage Road alignment. Public Parking Related to the issue of transportation, Chapter 4 of the LRMP provides direction on Public Parking and potential locations, including the following: (Sec. 4.8.3.3.) West Lionshead The construction of a new public parking facility at the west end of Lionshead has been a planning consideration since the completion of the Vail Transportation Master plan in 1991. This site is currently undeveloped (except for the Vail Associates maintenance yard) and is large enough to meet projected parking demand. It is well located in relation to the potential new eastbound 1 -70 access ramps. The viability of a new public parking facility in this location would be enhanced by bringing lift service to this area. The construction of a new public parking facility would address the existing deficiency of off - street parking on peak days and the shifting demand of parking created by the introduction of a new ski lift in West Lionshead. It is anticipated that the new public parking structure would contain approximately 400 public parking spaces, which would be in excess of any parking requirements generated by proposed development. The update of the Vail Transportation Plan should provide final direction on the location and quantity of additional public parking spaces in the Town of Vail. The location of additional public parking should consider where parking is most optimal for both guests and employees, year round utilization, mountain operations, and overall traffic circulation. Given the location for this parking facility, it had been assumed that regular transit or shuttle service would be necessary because of its distance from the retail core area and the ski yard (greater than a 1200 foot walking radius). However, the location of the parking structure would be proximate to the new lift and as such the need for regular shuttle service would be minimized. However, some provisions for bus stops and /or a transit facility should be considered for the parking structure. The Applicant is proposing to not only accommodate 400 public skier parking spaces, in compliance with the recommendations of the LRMP, but to construct and operate these publicly available spaces at no cost to the Town of Vail. Ultimately, approximately 660 spaces will be available for public parking. Employee Housing (Section 4.8.4) 4.8.4 Parking for Employee Housing The unit -to- parking space ratio for employee housing should be reduced to maximize the housing opportunities in west Lionshead. During the master planning process, the Vail Town Council toured several employee housing complexes in Keystone Resort that averaged .25 cars per bed (one parking space per four -bed unit). Most of these complexes at Keystone are removed from the core and depend on a bus transit system to carry employees to and from work. Yet, Keystone property managers have not observed a parking shortage. Likewise, at the Rivers Edge employee housing project in Avon, a parking ratio of .75 cars per bed has been more than adequate and the parking lot is underutilized. At this time, the Applicant is not requesting a reduction in the parking requirements for employee housing. However, a reduction would allow for a greater number of public parking spaces. Employee Housing is also a primary subject of Chapter 4 of the LRMP, and the West Lionshead neighborhood is identified as a potential site: Ever Vail (Rev. 12.21.10 22 10/4/2011 6 5 -84 (Sec. 4.9.4.3) 4.9.4.3 West Lionshead West Lionshead includes the Vail Associates Service Yard, Holy Cross site, Vail Professional Building site, Cascade Crossings site, Glen Lyon Office Building site, former gas station site and the Eagle River Water and Sanitation site. All redevelopment in West Lionshead will need to conform to the Town's housing policies and requirements. In order to create activity and vibrancy in West Lionshead it is appropriate to include some dispersed employee housing opportunities for permanent local residents in proposed developments in the area consistent with these policies. Perhaps the most promising locations to replace the Sunbird affordable housing project and to conform to the Town's housing policies and requirements for new employee housing generation in Lionshead are the North Day Lot, Vail Associates service yard, and Holy Cross site. However, housing is not the only use these three properties will need to support. The Ever Vail Housing Plan is submitted in another section of this document. The current Town of Vail regulations for employee housing require that a minimum of 50% of the required employee housing be constructed on -site. At this time, the Applicant is proposing to exceed this requirement. In addition, the Applicant is proposing a variety of unit types, including rental and for -sale, to serve both individuals and families. Beyond the requirements of the Town, the Applicant is proposing a portion of the employee housing will be restricted to lower income families, based on Area Median Income restrictions pursuant to the LEED ND application. Live Beds Chapter 4 also discusses the priority of the Town of Vail to encourage the provision of Live Beds: (Sec. 4.13) Live Beds The maintenance, preservation, and enhancement of the live bed base are critical to the future success of Lionshead and as such, special emphasis should be placed on increasing the number of live beds in Lionshead as the area undergoes redevelopment. The Lionshead area currently contains a large percentage of the Town's overall lodging bed base. The bed base in Lionshead's consists of a variety of residential and lodging products including hotels, condominiums, timeshares and hybrids of all three. The vast majority of live beds in Lionshead are not accommodation units in hotels, but instead, in dwelling units in residential condominiums such as the Vail 21, Treetops, Antlers Lodge, Lion Square Lodge, Lifthouse Lodge, Landmark Tower and Townhomes, Lionshead Arcade, and Montaneros, all of which have some form of rental /property management program that encourages short term rental of dwelling units when the owners are not in residence. It has been the experience in Lionshead that condominium projects which include a voluntary rental management program have occupancy rates which exceed the occupancy rate of hotel products, and therefore tend to provide more live beds and produce more lodging tax revenues to the Town. As stated previously, the Applicant has also placed a priority on live beds and the development includes Rock Resorts hotel, 49 condos with lock -off units, and dwelling units to participate in a voluntary short -term rental program. Specific West Lionshead Recommendations It is Chapter 5 of the LRMP that focused on detailed plan recommendations for specific areas within the Lionshead study area, and provide direction for the redevelopment of West Lionshead: Ever Vail (Rev. 12.21.10 23 1 0/4/2011 6 5 -85 (Sec. 5.17) West Lionshead includes the Vail Associates Service Yard, Holy Cross site, Vail Professional Building site, Cascade Crossings site, Glen Lyon Office Building site, former gas station site and the Eagle River Water and Sanitation site. South Frontage Road Improvements and Vehicular Access Planning for West Lionshead must consider two different scenarios: the realignment of South Frontage Road and its retention in the existing alignment. While the introduction of lift service is viable in either of these Frontage Road alternatives, site design will vary depending upon what happens to the Frontage Road alignment. See Figures 4 -9a, and 4 -9b for the Frontage Road realignment alternatives. Notwithstanding these different Frontage Road scenarios, there should be an increase of existing office square footage and "no net loss" of retail square footage as a result of the redevelopment of these parcels. Furthermore, service and delivery for West Lionshead shall occur underground or be hidden from public view. Service and delivery truck turning maneuvers should not negatively impact traffic flow on the South Frontage Road. With a realignment of vehicular access points, attention should be given to the location of service and parking areas. a. Retention of Existing Frontage Road Alignment If the Frontage Road remains in its current location the Maintenance Yard /Holy Cross parcels, the Vail Professional Building site, and /Cascade Crossing and the Glen Lyon Office Building site all remain viable development sites. The most viable site for a public parking facility would be the Maintenance Yard /Holy Cross parcels. While other lift locations are feasible, the old gas station site is a viable location for a base terminal. This location would require a grade separated pedestrian crossing over the Frontage Road to the Maintenance Yard /Holy Cross parcels. A strong east -west oriented pedestrian corridor with ground floor retail uses would be necessary to create a strong connection between this area and the rest of Lionshead. Under this Frontage Road scenario the Vail Professional Building site and Cascade Crossing could be developed as a contiguous parcel. 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 sites. Possible opportunities for improvements may include, an improved mass transit stop, relocated /reduced /shared points of entry /exiting, restricted access points, acceleration/ deceleration lanes, greater sight distances, dedicated turning lanes, landscaped medians and skier drop -off. In the redevelopment of Cascade Crossing and the Glen Lyon Office Building site under the current configuration of the Frontage Road, the bus stops in front of said properties shall be enhanced with, for example, shelters, benches, and landscaping. Pedestrian connections shall be improved from the bus shelters, across the South Frontage Road and to and from the surrounding buildings to provide safe and attractive pedestrian crossing and connections. Improvements may include crosswalks, walkways, pedestrian crossing warning lights, medians, and signage. Frontage Road Re Alignment The Frontage Road will be relocated, so the above recommendations are no longer applicable to the project. While the Lionshead Redevelopment Master Plan recognizes that relocation is a possibility, the extent to which it could be relocated was not understood at the time. With the Applicant's purchase of the Vail Professional Building, Cascade Crossing, and now GLOB, the Frontage Road will be relocated along the entire West Lionshead area. The potential road relocation is discussed below: b. Frontage Road Realignment Ever Vail (Rev. 12.21.10 24 1 0/4/2011 6 5 -86 The greatest benefit of this realignment alternative is that it results in one very large and contiguous development parcel and in doing so integrates the Maintenance Yard /Holy Cross site with the West Day Lot by removal of the barrier created by the existing Frontage Road alignment. It also creates the best pedestrian environment 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 alternative the most viable site for a public parking facility would still be the Maintenance Yard/ Holy Cross parcels. With the re- location of the Frontage Road lift access out of the old gas station site would not require a grade separated pedestrian crossing to the Maintenance Yard /Holy Cross parcels. However, a grade separated crossing over the Red Sandstone Creek would be needed to link the Holy Cross site with the Vail Professional Building site. This alternative would also present the opportunity for enhancing Red Sandstone Creek to make it more accessible to the community and an aesthetically pleasing water feature. Enhancements might include; streambank stabilization/ beautification, natural stream drop structures, interactive low flow areas and general improvements for wetlands and wildlife habitat. Any modification or enhancement to the creek corridor would be subject to U.S. Army Corp of Engineers approval. A strong east -west oriented pedestrian corridor with ground floor retail uses would be necessary to create a strong connection between this area and the rest of Lionshead. 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 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 Red Sandstone Creek As the Ever Vail plans indicate, the enhancement of Red Sandstone Creek is a large part of the Ever Vail project, with the ultimate goal of making it an amenity to both the project and the entire Town of Vail. As the plans for Red Sandstone Creek progress, a flood plain modification permit will be submitted to the Town for stream bank improvement, and all plans will be subject to review by the U.S. Army Corps of Engineers. (Sec. 5.17.4) Relationship to Red Sandstone Creek and Gore Creek Red Sandstone Creek and Gore Creek abut the Glen Lyon Office Building site, former gas station site, Holy Cross site and the Vail Professional Building site. Any redevelopment of these parcels should consider how the creeks can be enhanced and made an amenity of this redevelopment area. A substantial stand of mature trees exists on the banks of the two creeks, with low lying brush on the shores. Every effort shall be taken to preserve the substantial trees and natural steep slopes along the banks of both creeks. 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. As stated above, the relationship to both Red Sandstone Creek and Gore Creek is a significant consideration in the planning of Ever Vail. Ever Vail (Rev. 12.21.10 25 1 0/4/2011 6 5 -87 Connections Strong connections both towards Lionshead and Cascade Village have been integral to the planning process of Ever Vail. The design of the pedestrian connections, along with the layout of the buildings and public plazas have been designed to enhance this connection. (Sec. 5.17.2) Pedestrian and Bike Access As compared to a separate, free- standing portal, West Lionshead is considered a part of the greater Lionshead area. In order for this area to be successful, it is important to have a strong pedestrian connection with the rest of Lionshead. Streetscape improvements including bike lanes or trails and sidewalks should be incorporated in any redevelopment along West Lionshead Circle and the South Frontage Road to improve the viability of mixed uses in West Lionshead. Improvements to street lighting, walking surfaces, trails, seating areas and public art that facilitate safe and attractive pedestrian and bike movement are strongly encouraged. Said improvements may necessitate the need for access easements through the sites. In the redevelopment of West Lionshead, pedestrian and bike connections shall be made to integrate with the rest of Lionshead and Cascade Village. There is an existing recreation path that runs across the southwest corner of the Glen Lyon Office Building site. If the site redevelops the recreation path shall be enhanced to meet town recreational path standards and to provide a safe and attractive pedestrian and bike experience. The improvements shall include a public easement over the path where necessary. Commercial Uses Currently, approximately 30,000 sq. ft. of office exists on the site, and approximately 14,000 sq. ft. of retail exists. The project will increase the office square footage to approximately 34,600 sq. ft. of office. Retail will be increased, with a total of approximately 31,000 sq. ft. of retail uses. In addition, there will be approximately 22,000 of restaurant uses on the site, and a 9,000 sq. ft. spa. The Master Plan states the following with regard to commercial uses in Ever Vail: (Sec 5.17.3) Preservation of Existing Office and Retail Space There shall be an increase in office space and no net loss of retail space in West Lionshead. Opportunities for increasing the square footage of office and retail beyond the existing conditions in West Lionshead shall be evaluated during the development review process. Currently, West Lionshead offices and businesses offer a variety of local services and amenities, which is important to preserve with the redevelopment of West Lionshead. During the winter months, the proposed ski lift in West Lionshead and the associated parking will generate significant pedestrian traffic and activity. However, consideration should be given to how West Lionshead 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 West Lionshead. Architecture (Sec 5.17.5) 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 Lionshead and the extent to which they influence the quality of the Ever Vail (Rev. 12.21.10 26 10/4/2011 6 5 -88 experience of passers -by, all future development of the sites should be closely scrutinized for compliance with the applicable architectural design guidelines. 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 and the Vail Spa. Notwithstanding the height allowances of the underlying zone districts, building height and massing shall be responsive to the Gore Creek and Red Sandstone Creek corridors, in that buildings shall gradually "step down" at the creek sides. Building height and massing shall also "step down" towards the Interstate, and at the western end of Lionshead. Figure 5 -25 provides a general depiction of how building height shall gradually lower at the western end of this study area. The intent of these height standards is that building height reduces by entire floor levels in the locations as generally depicted on Figure 5 -25. Notwithstanding the height allowances depicted on Figure 5 -25, which depicts building height in an east/ west orientation, building height and massing shall also "step down" in a north/ south orientation. ,„ 1 Notwithstanding the height allowances depicted on Figure 5 -25, buildings 1 fronting directly along Gore Creek and 49 " "` • PED the western end of Lionshead shall / / ///„/ • „ A S , express no more than three to four levels before "stepping back" to taller building mass. On the Interstate side of this area, building design shall be articulated to avoid large expanses of FIGURE 5.25 - WEST LIONSHEAD BUILDING MASS / HEIGHT LIMITATIONS shear /unbroken wall planes. The additional height limitations are intended to ensure that the buildings step down, both as the buildings move towards the west and towards Gore Creek. As indicated in the plans, the buildings on the west are substantially lower than the buildings on the east, meeting the intent of the Lionshead Redevelopment Master Plan. All buildings step down and meet the average heights. Glen Lyon Office Building (Sec. 5.17.6) Redevelopment Considerations for Glen Lyon Office Building site Consistent with its location at the western edge of West Lionshead and with respect to the extensive frontage along Gore Creek, it is appropriate to recognize certain development limitations and opportunities regardless of the underlying zone district. 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. Residential Land Use and Density Existing physical improvements on the Glen Lyon Office Building site include a three -story building with 10,829 square feet of general office space and a surface parking lot. Because of the site's physical Ever Vail (Rev. 12.21.10) 27 10/4/2011 6 -5 -89 location along Gore Creek, it's accessibility to Lionshead Village, and the adjacent potential redevelopment including a ski -lift and activity center, it may be appropriate to introduce a mix of uses on site. If residential uses are proposed, the use shall be consistent with the Master Plan goal to increase the number of 'Live Beds' in Lionshead. Residential density on the site should be studied and proposed in a manner that is compatible with the character and scale of adjacent uses and Gore Creek. Residential uses should be located on the basement or garden level and second floor and above in buildings on -site. If residential uses are proposed on the street level or first floor, the vitality of the pedestrian and bike experience shall be considered along with the function and character of the adjacent uses and structure design. The mixture of land uses on the Glen Lyon Office Building site shall maintain a balance between residential, office/ commercial and recreational uses to serve both the visitor and the permanent resident. Office Land Use Consistent with the Master Plan requirement for an increase of office space, the existing 10,829 square feet of office space shall be replaced and increased on -site. 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 be met on -site. Landscape Preservation and Relationship to Red Sandstone and Gore Creeks The Glen Lyon Office Building site borders on the Red Sandstone Creek along the east property line and the Gore Creek along the south property line. The redevelopment of the Glen Lyon Office Building site should consider how the creeks can be enhanced and made an amenity of the area. A substantial stand of mature trees exists on the banks of the two creeks, with low lying brush on the shores. Every effort shall be taken to preserve the substantial trees and natural steep slopes along the banks of both creeks. 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. The addition of the GLOB site has allowed for a much more comprehensive planning approach to the West Lionshead area than could have been considered before. As the plans indicate, Vail Resorts intends to comply with the Lionshead Redevelopment Master Plan recommendations for this site, along with the private covenants that also run with the property. Height has been limited to 56 ft. on the GLOB site, and all of the employee housing requirement has been met on -site. It is the intent of the Applicant that Ever Vail not only comply with the Lionshead Redevelopment Master Plan, but to actually further its objectives by becoming a redevelopment project that, through its architecture and pedestrian orientation, along with sustainable, green building principles, can be an example for all redevelopment projects in Vail. As each application to facilitate the development of Ever Vail is addressed in more detail, please refer back to this section in consideration of the Lionshead Redevelopment Master Plan. B. Comprehensive Open Lands Plan The Town of Vail has adopted a Comprehensive Open Lands Plan, intended to guide policy with regard to sensitive land within the Town boundaries. The Comprehensive Open Lands Plan identifies Red Sandstone Creek corridor through Ever Vail as a "medium priority." It is identified as Parcel #19 and provides the following guidance: Ever Vail (Rev. 12.21.10 28 1 0/4/2011 6 -5 -90 Medium Priority: TOV acquire conservation case The Applicant is proposing to grant a conservation ment on area around Red Sandstone Creek to protect easement to the Town of Vail in accordance with trees and stream. this recommendation and to ensure continued protection of the resource. C. Vail Transportation Master Plan The Vail Transportation Master Plan, adopted in June 2009 provides guidance on transportation improvements throughout the Town of Vail, including public parking improvements in Ever Vail, stating the following: (Page 69) The Town should look to expand the public parking supply within Main Vail to reduce the frequency of Frontage Road use for overflow parking. Based on accommodating a 90th percentile and based on Frontage Road parking data over the past few ski seasons, 400 new spaces should be developed over the short term. Over the long term, 1000 additional spaces (600 more) should be developed in Main Vail. To the extent possible, more new public spaces should be located in the eastern sections of the Main Vail area. Potential locations include: • West Lionshead (up to 400 additional spaces) • Lionshead Parking Structure (as part of its redevelopment; possible net gain of 300 spaces) • Ford Park (at least 300 additional spaces, and possibly more if the above - mentioned locations do not include an increase) The addition of these parking areas, along with additional commercial and skier access would "spread out" Vail's base area to approximately 1.6 miles of frontage. Because of the increased density, activity, and distance, the Town's transportation system within and to the Main Vail area clearly needs to be enhanced to support these activities through the combination of roadway improvements and transit service enhancements. A more detailed parking study to verify these locations and the associated number of additional spaces will need to be completed by the Town prior to any implementation. The study will need to take into account the aforementioned potential recommendations as well as looking at alternative locations, transit incentives, in combination with parking management solutions that may alleviate the parking situation, which may include outlying lots with bus service. As indicated in the plans for Ever Vail, the Applicant is proposing to construct and operate public parking in Ever Vail, including providing 400 public skier parking spaces above and beyond those spaces needed to serve the uses on -site. ; - -44 ill ,--- 1 ' _ _ ,\ \ ✓rr t • Ever Vail (Rev. 12.21.10) 29 10/4/2011 6 -5 -91 IV. Major Subdivision A. Introduction of the Major Subdivision Request The Applicant has previously submitted a request for a major subdivision to facilitate the redevelopment of West Lionshead. The Ever Vail subdivision creates new development parcels and allows for the relocating of South Frontage Road. The major subdivision will include a substantial portion of the West Lionshead area, including the sites of the Vail Professional Building, Cascade Crossing, the old Vail BP site, Glen Lyon Office Building and the Holy Cross lot, along with the Frontage Road right -of -way. Some of these properties are currently unplatted. A full -sized copy of the plat has been provided with the plans. The Planning and Environmental Commission has approved the northern boundary of the Ever Vail subdivision. The Preliminary Plan has been submitted with the plans and is provided below: T/� " PRELIMINARY PLAN e I. . - N ' 1 /1 v1rr. �' rY rE S r, ' ffvrvfSruN uF .ti"ur'rff rKUVr�n a = r8 i L,.... GUT .� f C LE.'A LYON SGDDlFISlpti AA'D rY l UliTIU:V' U! TIfE' 377 ' �J — - r fd OF .M F!'TfOV fr, A WP: pF TAF NA' !* rJF S 7 Y 7, A r / ! % TOVWSNIP 5 w[1ffT / {, R,Y %r F 80 7{F' T GF TN6 tTlf P H 4N1) . f r, - = YUPTIU.'V OF THd" Y,L' '! UE S E'CT!aN r2, TUYY 0 SOL TH ✓ • ., _` L Rdh'GF 8r NE i 7', OF 1JIF OT !f P a v N TCrWN OF V Crr7' r , ` - = T OP EAGLE. STATE OF COLORADO ' e' 1 px: „mr r.o i , .. i j .,. . -. - -- F '"� .d"�..: ' I ,.errL ,': ., 2 }a A' Trx._ _ya.x_ A. .FY'.m .� _ - 11"'M.1".'xyig.. rY -- a.w.�w , � - -_ r -*FT,,,....„AX''- 'l V0i ..mow - . , -- ._ r ti / s'av a - • .- / 1 r MI . - � � f F y,':d „ o f -.r. rf�' ,� _ 1 r , AMYL te ' - ,i). 0- 0 ,,,, ,,,, __ 11 , :=: ____ ''> B. Review Criteria for a Major Subdivision 1. The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Our Analysis: To be the Premier Mountain Resort Community... We share this vision with the Town of Vail. It is our intent to further this vision through the addition of world -class facilities in a new mixed use village, called Ever Vail. This subdivision will enable the redevelopment of Ever Vail. Ever Vail (Rev. 12.21.10) 30 10/4/2011 6 -5 -92 This vision is further supported by stated development objectives of the Town of Vail. The purpose statement of the Lionshead Mixed Use -2 Zone District states: The Lionshead mixed use 2 district is intended to provide sites for a mixture of multiple family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, light industrial activities, and commercial establishments in a clustered, unified development. Lionshead mixed use 2 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead redevelopment master plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead redevelopment master plan. Additionally, the incentives are created to help finance public, off site, improvements adjacent to redevelopment projects. Public amenities which will be evaluated with redevelopment proposals taking advantage of the incentives created herein may include: streetscape improvements, pedestrian /bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. The Lionshead Redevelopment Master Plan provides the framework for the Town of Vail to review this major subdivision application to facilitate the redevelopment of Ever Vail. A complete analysis of the Lionshead Redevelopment Master Plan is included in a previous section of this overall document. The preliminary plat approval of this major subdivision allows the Applicant to move forward in the development of the Ever Vail into the mixed -use hub desired by the Town of Vail as described by the Lionshead Redevelopment Master Plan. 2. The extent to which the proposed subdivision complies with all of the standards of this title, as well as, but not limited to, title 12, "Zoning Regulations ", of this code, and other pertinent regulations that the planning and environmental commission deems applicable; and Our Analysis: The proposed subdivision complies with all of the Town's codes. Each parcel created by this subdivision meets the minimum lot area requirements of 10,000 sq. ft. This plat is being submitted in conjunction with a rezoning request so that the entirety of Parcels 1 and 2 will be zoned Lionshead Mixed Use -2. The total area of the Ever Vail subdivision is 12.617 acres or 549,574 sq. ft. Of the total area, 11.027 acres is defined as "buildable" or areas not within the flood -plain or with slopes in excess of 40 %. Both parcels being created by the subdivision will be treated as one parcel for the purposes of zoning and development standards. Parcel 1: Parcel 1 is the eastern portion of the Ever Vail site, encompassing the parcels currently platted as Tracts A and B, South Frontage Road Subdivision (which is to be vacated by the proposed Ever Vail plat). It also encompasses the current portion of the Frontage Road right -of -way along this portion. It is 7.322 acres (318,940 sq. ft.). Approximately 6.3% of Parcel 1 consists of slopes in excess of 40% (20,196 sq. ft.) and 9,574 sq. ft. are with in the floodplain. Subtracting the total area of the site with slopes in excess of 40% minus the areas in the floodplain (excluding the areas which overlap) from the total site area leaves a 6.652 acres or 289,758 sq. ft of buildable area. Ever Vail (Rev. 12.21.10) 31 10/4/2011 6 5 -93 Parcel 2: Parcel 2 is the western portion of the Ever Vail site, just to the West of Red Sandstone Creek, and is the current location of the Vail Professional Building and Cascade Crossing (zoned ABD), along with the portions of the existing Frontage Road along this site. Parcel 2 now includes the Glen Lyon Office Building site (zoned SDD #4). Parcel 2 is 5.295 acres (230,634 sq. ft.) with 32,147 sq. ft. with excess of 40% slopes and 9,497 sq. ft. in the floodplain. This equates to a total of 4.375 acres or 190,555 sq. ft. of buildable area. 3. The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Our Analysis: Ever Vail provides a unique opportunity for redevelopment. The existing uses in the area vary from office uses to more industrial uses. The proximity of the site to both the ski mountain and Gore Creek creates remarkable opportunities to capitalize on these assets, while providing uses and services that the Town desires and needs. The relocation of the S. Frontage Road furthers these opportunities by creating a site that can fit these uses while minimizing impacts to adjacent properties. Moving the S. Frontage Road to a location along side 1 -70 consolidates these major thoroughfares, thus minimizing the effects of traffic on nearby properties and provides a more efficient vehicular corridor. The proposed uses within Ever Vail are consistent with municipal objectives and present a unique development opportunity within the Vail community. 4. The extent of the effects on the future development of the surrounding area; and Our Analysis: The proposed subdivision will allow for uses consistent with the zoning on the property and compatible with the surrounding area. The subdivision allows for the redevelopment of a Brownfield area (the former gas station site and the Vail Maintenance yard) that will have a positive effect on the surrounding area. The subdivision further allows for improvements and enhancements to Red Sandstone Creek, allowing for it to become an even greater amenity to the Town of Vail while preserving and repairing the riparian area. Direct neighbors to Ever Vail include the following: • East: Vail Spa is currently a multi- family residential project, with limited office uses included. It is currently zoned Lionshead Mixed Use — 1, which allows for development consistent with the uses proposed at Ever Vail. • West: The Glen Lyon neighborhood, including the Cascade Resort, is the nearest neighbors to the west and is separated by significant distance (right -of -way and stream tract). Future development and redevelopment in this area will likely be enhanced by the proposed development occurring at Ever Vail, including the new gondola. • South: The ERWSD building is the nearest neighbor to the south is zoned General Use, along with the stream tract and Tract K. • North: Ever Vail will generally be bound by the relocated South Frontage Road and 1 -70 right -of -way to the north. 5. The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and Our Analysis: The major subdivision is necessary to facilitate the redevelopment of the Ever Vail area. As a result, this subdivision is highly efficient as public utilities already exist in the site. Because Ever Vail is a redevelopment project, it does not result in a "leapfrog" pattern of development. The project is more consistent with in -fill Ever Vail (Rev. 12.21.10 32 10/4/2011 6 5 -94 development patterns. It is taking an existing, underutilized area and redeveloping it to a better use. The realignment of the S. Frontage Road will allow vehicular traffic to flow more efficiently through the area. 6. The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines; and Our Analysis: High capacity utility lines already exist in the area and since this area was already considered in the master planning of the area, proper planning of utility capacity was already undertaken. Any impacts to the utilities will be mitigated by the Applicant. 7. The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and Our Analysis: The re- alignment of the S. Frontage Road will allow for development to occur in a more logical pattern, along with consolidating and minimizing the impacts of the traffic associated with the S. Frontage Road and 1 -70. The alignment of the S. Frontage Road parallel to 1 -70 has been successful in other parts of Town and allows for an efficient flow of traffic. In addition, the properties in the Ever Vail area are a mix of unplatted, metes and bounds legal descriptions and platted lots. The proposed subdivision will allow this area to be developed in a more orderly pattern. The subdivision is one step in the overall process to allow for the redevelopment of the West Lionshead area into Ever Vail. The subdivision allows for the provision of public parking, a new ski lift and mixed -use hub for the Vail community. The Applicant believes that this redevelopment serves the best interest of the community as a whole. 8. The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; Our Analysis: This major subdivision request will not result in adverse impacts on the natural environment. The site is currently developed with commercial uses and quasi - industrial uses on the site. All development proposals on the site will be completed with the utmost concern for the protection of the natural environment in the area, as we consider natural areas amenities to the guests of Ever Vail. As other included applications indicate, we are hoping to improve the riparian characteristics of Red Sandstone Creek, which borders the property to the east of the Vail Professional Building. The Applicant hopes to make the creek a great asset to the area and to do so, will ensure that there are no adverse impacts to the natural environment. As stated previously, the project is in the LEED -ND Pilot Program, details of which can be found in another section of this document. Ever Vail (Rev. 12.21.10 33 10/4/2011 6 -5 -95 V. Rezoning A. Introduction to the Rezoning Request The Applicant is requesting a rezoning from Arterial Business District (ABD) to Lionshead Mixed Use - 2 (LMU -2) for Parcel 2, created by the Ever Vail Subdivision. The site is currently zoned Arterial Business District and is the site of the Vail Professional Building and Cascade Crossing, located at 953 and 1031 Frontage Road. With the addition of the Glen Lyon Office Building site, Vail Resorts is also requesting that this site be rezoned from SDD #4 to Lionshead Mixed Use — 2, consistent with the Lionshead Redevelopment Master Plan. The Applicant is also requesting to zone the portion of the S. Frontage Road right -of -way, which is currently unzoned, to LMU -2. The end result will be the entirety of the Ever Vail Subdivision zoned Lionshead Mixed Use — 2. The majority of the site is already zoned Lionshead Mixed Use — 2, including the Vail Maintenance Facility and the old gas station site (see below). Existing Zoning Conditions: 4 it 'Alkik4 i y c. /4; ' - :. •,-- ti p k ,1/4 . Ar.„,,,, .. : 3- 4 - i 7c, • _. 4e it „. :kr 1, . ,-,., ,, 1494 . • � F - i a ,u y ' _ f . 1 ' e l , y l * „ S'. V 0 , , 1 . ir3V ''' - .A. " • , r --- t.„.. -..,:. , • 11......,,.....,--.. - .„ .. ,... ,..,. , _..-fr s' . i) , i _ . N INDICATES AREA INDICATES AREA CURRENTLY CURRENTLY ZONED SOD#4 ZONED LUONSHEAD MIXED -USE 2 C. D 0 T. RIGHT -OF -WAY — INDICATES AREA CURRENTLY CURRENTLY UNZONED ZONED ARTERIAL BUSINESS DISTRICT Ever Vail (Rev. 12.21.10) 34 10/4/2011 6 -5 -96 Proposed Zoning Conditions: ��''� �' F � f � ~ `N' _ - x„111 y F_ .. �r� ` �, ..I L • t ^4>' {, „i„,„,,,„,„ tom I • ^ ' - 4. T' �1 i. ' ,•+ a � „it , ii. I � - r 7 /J • N y -I '' * *a:te ' ' - ' r- - ;e-- ( 1 - ,, -- ."--' X” .4,4e--'1— 1 l' . te . ,.. . :- .1 2 :i r k to S it , „„ v n' '� •' .,+ r ,� � r.�� �F fi n' Y Yr,. , .4 . 4 .. INDICATES AREA PROPOSED LIONSHEAD MIXED -USE 2 B. Review Criteria for a Rezoning Request 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Our Analysis: The Lionshead Redevelopment Master Plan provides the framework for the Town of Vail to review this rezoning request from Arterial Business District to Lionshead Mixed Use -2, including the zoning of the Frontage Road right -of -way. Recently, the Town of Vail approved the inclusion of the Glen Lyon Office Building into the Lionshead Redevelopment Master Plan. The rezoning of these properties furthers the adopted goals and policies of the Lionshead Redevelopment Master Plan. A complete analysis of the Lionshead Redevelopment Master Plan and other pertinent master planning documents is in included in a previous section of this document. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents; and Our Analysis: The Lionshead Redevelopment Master Plan indicates these properties to be a part of the West Lionshead mixed -use development. The property on the east side of Red Sandstone Creek, which includes the current maintenance facility, is currently zoned Lionshead Mixed Use — 2. The proposed site is bounded by 1 -70 to the North. The re- alignment of the Frontage Road will allow this area to become one cohesive development and the zoning of Lionshead Mixed Use — 2 to the property is more suitable than the current zoning designations. Ever Vail (Rev. 12.21.10) 35 10/4/2011 6 -5 -97 In addition, the rezoning is suitable with the surrounding land uses: • East: Vail Spa is currently a multi- family residential project, with limited office uses included. It is currently zoned Lionshead Mixed Use — 1, which allows for development consistent with the uses proposed at Ever Vail. • West: The Glen Lyon neighborhood, including the Cascade Resort, is the nearest neighbor to the west, and is separated by significant distance (right -of -way and stream tract). Future development and redevelopment in this area will likely be enhanced by the proposed development occurring at Ever Vail, including the new gondola. • South: The ERWSD building, is the nearest neighbor to the south, and is zoned General Use. • North: Ever Vail is generally bounded by the relocated South Frontage Road and 1 -70 right -of -way to the north. 3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and Our Analysis: The rezoning of these properties to Lionshead Mixed Use — 2 will allow for a more harmonious, convenient, and workable relationship in the proposed redevelopment of the West Lionshead area. Cascade Crossing and the Vail Professional Building are the only properties zoned Arterial Business District in the Town of Vail. The Glen Lyon Office Building is substantially physically separated from the remainder of SDD #4. Rezoning them to Lionshead Mixed Use — 2 allows for redevelopment which meets the town's development objectives as outlined in the Lionshead Redevelopment Master Plan, Zoning Regulations, Vail 20/20, etc. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and Our Analysis: As the adjacent area to the east is zoned Lionshead Mixed Use — 2 and this area is part of the Lionshead Redevelopment Master Plan study area, it is clear that this does not constitute a spot zoning. This amendment will help to allow the redevelopment of the West Lionshead area into a mixed use hub, serving the needs of guests and residents alike. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and Our Analysis: This rezoning request will not result in adverse impacts on the natural environment. The site is currently developed with commercial uses on the site. All development proposals on the site will be completed with the utmost concern for the protection of the natural environment in the area, as we consider it an amenity to the guests of West Lionshead. As future applications will indicate, the Applicant intends to improve the riparian characteristics of Red Sandstone Creek, which borders the property to the east of the Vail Professional Building. The Applicant hopes to make the creek a great asset to the area and to do so, we will ensure that there are no adverse impacts to the natural environment. An Environmental Impact Report has been submitted with this application to provide further clarification on this criteria. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district; and Ever Vail (Rev. 12.21.10 36 10/4/2011 6 5 -98 Our Analysis: The purpose statement of the Lionshead Mixed Use -2 Zone District is as follows: The Lionshead mixed use 2 district is intended to provide sites for a mixture of multiple family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, light industrial activities, and commercial establishments in a clustered, unified development. Lionshead mixed use 2 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead redevelopment master plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead redevelopment master plan. Additionally, the incentives are created to help finance public, off site, improvements adjacent to redevelopment projects. Public amenities which will be evaluated with redevelopment proposals taking advantage of the incentives created herein may include: streetscape improvements, pedestrian /bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. The application of Lionshead Mixed Use — 2 to this site, as part of the Lionshead Redevelopment Master Plan study area, is consistent with the above purpose statement. The rezoning will further the goals of the Town of Vail, and ensure consistency with the Lionshead Mixed Use — 2 Zone District. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate; and Our Analysis: The Arterial Business Zone District was originally adopted in 1982. At the time, the entire Vail Valley was a different place. The population of the entire county in 1980 was just under 15,000. Today, it's estimated to be over 50,000. Beaver Creek Mountain opened in 1980. The Lionshead Parking Structure was completed in 1980. The Vail Professional Building was constructed in 1985 and Cascade Crossing was constructed in 1990. Twenty -five years ago, the idea of a "billion dollar" renewal of Vail was unfathomable. The ABD Zone District is primarily a zone district intended for strip mall development. This site is no longer appropriate for this out -dated form of development. Furthermore, the designation of the Glen Lyon Office Building as part of SDD #4 is no longer appropriate for the site. Due to the physical separation from the remainder of SDD #4, and its proximity to Ever Vail, a zoning designation of Lionshead Mixed Use — 2 is more appropriate so that the entire site can be planned as one development site. Ever Vail (Rev. 12.21.10 37 10/4/2011 6 5 -99 VI. SDD Major Amendment A. Introduction to the SDD Major Amendment In addition to the rezoning request, the elimination of the Glen Lyon Office Building is a major amendment to Special Development District #4: Cascade Village. The following is the definition of a major amendment an SDD: MAJOR AMENDMENT (PEC AND /OR COUNCIL REVIEW): Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this section), except as provided under section 12 -15 -4, "Interior Conversions'; or 12 -15 -5, "Additional Gross Residential Floor Area (250 Ordinance)', of this title. B. Review Criteria for the SDD Major Amendment "The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan." The following design criteria are used by the Town in the evaluation of a Special Development District. Because this is a unique application to remove an area from an existing Special Development District, many of the criteria are not applicable. Below is a summary of how the project implements each of these criteria. A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Our Analysis: As the proposal is to include the existing Glen Lyon Office Building into the overall Ever Vail development, the review of proposed development on the site will be subject to the Lionshead Design Guidelines and the Lionshead Redevelopment Master Plan, along with the development standards of the Lionshead Mixed Use - 2 zone district. This property was specifically added to the Lionshead Redevelopment Master Plan by Resolution No. 26, 2008 adopted in February of 2009 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF by the Vail Town Council. vAIL, COLORADO, THAT: 1. The Council hereby approves Land Use Plan map amendment, pursuant to The elimination of the Glen Section 8 -3, Vail Land Use Plan, to allow for a change in the land use designation from Community Office to Lionshead Redevelopment Master Plan for Lyon Office Building will not properties known as "Cascade Crossing ", 'Vail Professional Building" (Future a C t the above "Ever Vail"), and "Glen Lyon Office Building" located at 953, 1031 and 1000 impact p South Frontage Road West. mentioned criteria on Special Development 2. This Resolution shall be effective immediately upon adoption. District No. 4: Cascade INTRODUCED, READ, APPROVED AND ADOPTED this 2 day of September, 2008. Village. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Our Analysis: As the proposal is to include the existing Glen Lyon Office Building into the overall Ever Vail development, the review of proposed development on the site will be subject to the uses, both permitted and conditional uses, of the Lionshead Mixed Use - 2 zone district. As indicated in the Zoning Analysis included with the full Ever Vail (Rev. 12.21.10) 38 10/4/2011 6 -5 -100 Ever Vail submittal, the Ever Vail project complies with the density standards of the zone district. For uses which require it, conditional use permits have been applied for. This property was specifically added to the Lionshead Redevelopment Master Plan by Resolution No. 26, 2008 adopted in February of 2009 by the Vail Town Council. The elimination of the Glen Lyon Office Building will not impact the above - mentioned criteria on Special Development District No. 4: Cascade Village. C. Parking and Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. Our Analysis: The proposed Ever Vail development meets the parking and loading requirements as outlined in Chapter 10. The elimination of the Glen Lyon Office Building will not impact the above - mentioned criteria on Special Development District No. 4: Cascade Village. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. Our Analysis: In September of 2008, the Town Council voted to amend the Vail Land Use Plan by Resolution No. 19, Series of 2008, which stated: RESOLUTION NO. 26 This Resolution clearly indicated Series 2008 that the Town's intention for A RESOLUTION APPROVING AN AMENDMENT TO THE LIONSHEAD REDEVELOPMENT redevelopment of the Glen Lyon MASTER PLAN TO INCORPORATE THE PROPERTY KNOWN AS GLEN LYON OFFICE Office Building would be under ILD REDEVELOPMENT THE MASTER GLEN PLAN LYON OFFI AND CE the guidance of the Lionshead BUILDING SITE. LOCATED AT 1000 SOUTH FRONTAGE ROAD WEST/ LOT 54. GLEN Redevelopment Master Plan. LYON SUBDIVISION, AND SETTING FORTH DETAILS IN REGARD THERETO. Furthermore, early in 2009 and following review that same year, the Town Council voted to amend the Lionshead Redevelopment Master Plan to include the Glen Lyon Office Building as part of the Lionshead area, with Resolution No. 26, Series of 2008. The amendments included by this resolution have been incorporated into the proposed development on this site, including all standards which are more restrictive than the Lionshead Mixed Use - 2 zone district. This proposed amendment conforms with the applicable elements of the Vail Comprehensive Plan. E. Natural and /or Geologic Hazard: Identification and mitigation of natural and /or geologic hazards that affect the property on which the special development district is proposed. Our Analysis: There are no natural or geologic hazards existing or mapped by the Town for this site. Portion of the site are in excess of 40% slopes, but no development is proposed in these areas. The elimination of the Glen Lyon Office Building will not impact the above - mentioned criteria on Special Development District No. 4: Cascade Village. F. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Ever Vail (Rev. 12.21.10) 39 10/4/2011 6 -5- 101 Our Analysis: As the proposal is to include the existing Glen Lyon Office Building into the overall Ever Vail development, the review of proposed development on the site will be subject to the Lionshead Design Guidelines and the Lionshead Redevelopment Master Plan, along with the development standards of the Lionshead Mixed Use - 2 zone district. The elimination of the Glen Lyon Office Building will not impact the above - mentioned criteria on Special Development District No. 4: Cascade Village. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off -site traffic circulation. Our Analysis: A Traffic Impact Study has been submitted as part of the Ever Vail project which addresses this criteria. The elimination of the Glen Lyon Office Building will not impact the above - mentioned criteria on Special Development District No. 4: Cascade Village. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Our Analysis: As the proposal is to include the existing Glen Lyon Office Building into the overall Ever Vail development, the review of proposed development on the site will be subject to the Lionshead Design Guidelines and the Lionshead Redevelopment Master Plan, along with the development standards of the Lionshead Mixed Use - 2 zone district. The elimination of the Glen Lyon Office Building will not impact the above - mentioned criteria on Special Development District No. 4: Cascade Village. I. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Our Analysis: Cascade Village is substantially complete and the removal of the Glen Lyon Office Building has no impact on the phasing plan of the Special Development District. Ever Vail (Rev. 12.21.10 40 10/4/2011 6 5 - 102 VII. Text Amendment A. Introduction to Text Amendment Note: The text amendment was reviewed by the Planning and Environmental Commission, who forwarded a recommendation of approval to the Town Council on January 11, 2010, following a recommendation of approval by Town Staff. As the Town Council has not yet reviewed the text amendment, this section is included in this document, but does not require further action by the Planning and Environmental Commission. Section 12 -1 -19 is requested to be amended to include the Ever Vail Subdivision to be within the Core Area Parking Requirements. Specifically, this section would be amended as follows (text to be deleted is indicated in strike - through; text to be added is indicated in bold): 12- 10 -19: CORE AREAS IDENTIFIED: Tables 1 and 2 (Core Area Parking Map attached to the ordinance codified herein, and available for inspection in the office of the town clerk) shall be used to identify properties within Vail's commercial core areas for parking purposes. In addition to the text amendment, the following map will be included in the amendment (final map to be coordinated with Town Staff): Core Area Parking Map 0 . 7 $ 7 a f ,••'` r. -,- '.[ • / f [ � Y 1 y 1 ~ . 7 4- ' 4 F.., n �. ,„ 4. Al i s 1 M� , YK f , �• -F•A Ti l 'i' 4 T _4. R l c � , 1. 1 „,„ ; � a v • r r " ''141,: E R AIL P #f d pi * s � - 4 .. , : - 4 _ . k ,• ' : �'- - „ � " 4 4 <a .: a �r� /, VAILVILL4GE ._ 'C" 1 { x •ce . $1' s � '$- "' 42A- . , $a�4x r " ' .elk k ! t' ' .,, w " i' '� ` t ` Y i '.. f / :C , a LEGEND _ _-- It in ma sea i Do { Aq PRORREO COMMERCIAL LORE AREA ® COMMERCIAL CORE ARER lia FARMING GARAGE Recognizing Ever Vail as a mixed -use development and as an additional neighborhood of Vail, the Core Area parking requirements are more applicable for the following reasons: • Availability of public parking in close proximity; • People accessing residential and retail and skiing are only making a single trip and need only one parking space or less (mixed use); • Destination skiers do not always have a car and are shuttled to hotels /residence; Ever Vail (Rev. 12.21.10) 41 10/4/2011 6 -5 -103 • Availability of share car; • Gondola access to the mountain; • Shared vehicle program • Access to in town shuttle and other bus routes; • Inclusion of a transit facility on -site for regional and local buses One of the recommendations of the planning process associated with the Lionshead Redevelopment Master Plan was to look at the parking requirements of the Vail Village and Lionshead areas to study the Town's parking requirements and the needs of these areas. During the summer of 1999, the Town hired the firm of Felsburg, Holt & Ullevig to conduct an in -depth analysis of parking generation in Vail's commercial core areas. The primary purpose of the study was to determine the influence of external factors (mixed uses, transit /pedestrian trips, hourly variations in business activity) on parking generation. In 2000, the Town adopted the Core Area Parking Requirements for certain areas of Town — Vail Village and Lionshead. At the time, the redevelopment of West Lionshead into Ever Vail was not a consideration. Ever Vail will be a mixed use development, emphasizing alternative means of transportation and an extension of the Lionshead Area. LEGEND: Q :::. ' ' '�V , n REDESTRIAN ONLY E• 1 1ANLTItISE Nt R \ � L.. IE COY'MED BICYCLE RACKS " „ 1 ` LROPAFF AREA y MOTEL SHUTTLE E P E -2 p RARMNGErrito[E "; _ E - ` .i - . '. ". 0000 f' t � i t wori : P 46._ fir_ 1 R Y � .. _ � , , 40 -- ' ., V e.: y . Including Ever Vail in the Core Area Parking Requirements is not an across the board reduction in parking requirements. For some uses, the parking requirements are actually more stringent. The Core Area Parking Requirements reflect what historically has occurred in the core areas and more accurately reflect the needs of the core areas. The following table provides a general breakdown of the parking requirements and obligations based on the Lionshead Redevelopment Master Plan: Use Code or Master Plan Public or Private Total Spaces Provided Residential Code Requirement Private 457.8 Commercial Code Requirement Public 314.5 Ever Vail (Rev. 12.21.10) 42 10/4/2011 6 -5 -104 Use Code or Master Plan Public or Private Total Spaces Provided Skier Parking Master Plan Recommendation Public 400 Replacement Parking Master Plan Recommendation Quasi- public 289 TOTAL (Code Requirement + Obligation): 1461.3 TOTAL SPACES PROVIDED: 1478 Comparison of Core Area Parking Requirements to Non -Core Area Parking Requirements: Use Quantity Core Area Parking Req. Not Core Area Parking Req. With Allowable With Allowable Reduction Reduction Dwelling Units 381 1.4 per unit 413.39 if du >2000 sf, 2.5 / if 714.38 du <2000, 2 Accom. Units 102 .7 per unit 55.34 .4 per au + .1 per 100 sq. ft. 30.60 of GRFA EHU 41 1.4 per unit 44.49 <500 sf, 1.5 / if less than 61.50 2000 sf, 2 Hotel 4,980 1 per 330 sf seating area 11.70 1 per 120 of seating floor 31.13 Conference area Meeting 2,485 1 per 165 sf seating area 11.67 1 per 120 of seating floor 15.53 Room area Restaurant 11,307 1 per 250 of seating floor 35.05 1 per 120 sf of seating floor 70.67 area area Retail 1 34,05312.3 per 1000 sf net floor area 1 60.7011 per 300 sf of net floor area 1 85.131 Children's 12,172 1 per 1000 sf net floor area 9,43 set by PEC (calc'd at 1/1000) 9.13 Services* Spa* 9,950 1 per 1000 sf net floor area 7.71 set by PEC (calc'd at 1/1000) 7.46 Office 34,669 2.7 for 1000 sf net floor area 72.54 1 per 250 sf net floor area 104.01 Maint. Facility 1 estimated need of 50 spaces 50.00 estimated need of 50 spaces 50.00 TOTAL Core Area Parking Requirements 772.02 TOTAL Non -Core Area 1179.54 REquirements *Spa and children's services are set by the PEC, but calculated at 1 per 1000 sf of net floor area in accordance with previous approvals B. Review Criteria for a Text Amendment The Town of Vail Zoning Regulations provide the criteria for review of a text amendment. For the purposes of this application, each criterion will be addressed below: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Our Analysis: The Town of Vail Zoning Regulations, in Section 12 -1 -2: Purpose, describes the general purpose of the regulations as follows: 12 -1 -2: PURPOSE: Ever Vail (Rev. 12.21.10) 43 10/4/2011 6 -5- 105 A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. Section 12 -1 -2 also provides the specific purposes of the regulations as follows: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. In addition, Section 12 -10 -1 of the Zoning Regulations provides the purpose of the Parking and Loading Chapter: 12 -10 -1: PURPOSE: In order to alleviate progressively or to prevent traffic congestion and shortage of on street parking areas, off street parking and loading facilities shall be provided incidental to new structures, enlargements of existing structures or a conversion to a new use which requires additional parking under this chapter. The number of parking spaces and loading berths prescribed in this chapter shall be in proportion to the need for such facilities created by the particular type of use. Off street parking and loading areas are to be designed, maintained and operated in a manner that will ensure their usefulness, protect the public safety, and, where appropriate, insulate surrounding land uses from their impact. In certain districts, all or a portion of the parking spaces prescribed by this chapter are required to be within the main building in order to avoid or to minimize the adverse visual impact of large concentrations or exposed parking and of separate garage or carport structures. While many of the purpose statements are not necessarily applicable to this particular code amendment, it is important to note that it does further many of them. Including Ever Vail into the core area for parking requirements means that the parking provided will more adequately meet the demand. This demand has been established by numerous studies completed by the Town. Parking will almost entirely be provided below -grade or in structured parking, minimizing the visual and aesthetic impacts of parking. Most importantly, this amendment promotes adequate and appropriately located off street parking facilities. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Ever Vail (Rev. 12.21.10 44 10/4/2011 6 5 - 106 Our Analysis: A complete analysis of the Lionshead Redevelopment Master Plan has been included in a previous section of this document and provides support for this amendment. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Our Analysis: While this text amendment is considered independent of the other applications submitted for Ever Vail, it is necessary to consider the development as a whole to understand why the Core Area Parking Requirements are more applicable to this site. The Core Area Parking Requirements as codified today were reviewed and adopted in 1999 and 2000, immediately following the adoption of the Lionshead Redevelopment Master Plan in 1998. While it was understood that the West Lionshead area was likely to redevelop in some manner, the properties were owned by a number of different entities, and it was not thought that this area would be under single ownership and could be developed in a more comprehensive manner. More importantly, neither a ski lift, a public parking structure, or a transit center were considered for this site at the time of adoption. In the nearly 11 years since the adoption of the Lionshead Redevelopment Master Plan and the Core Area Parking Requirements, many factors have changed. In conjunction with the Ever Vail parking structure, the Applicant is planning many transit uses on -site, which will allow in -town buses and the ECO Bus system to provide service to this site. Finally, the Applicant is moving forward with the LEED for Neighborhood Development certification process. To be certified, Ever Vail will be a multi-modal transit community, where all forms of transportation will be encouraged and, in some cases, mandated. The intent is to maximize public transit to the site and the proposal includes: • Bus drop- off /pick up on the east side of the site. • Skier drop -off spaces on the east side, along with substantial short -term drop -off spaces in the west side parking structure to accommodate DEVO drop -off and other parking needs at other times of the week. • Extensive connections to Town pedestrian and bicycle networks. • Hotel shuttle drop -off and pick -up locations onsite. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Our Analysis: The proposal to include Ever Vail in the Core Area parking requirements furthers the Town's goals of providing parking adequate to serve the uses of the development. In addition, the amendment allows for additional parking to be provided for the public, rather than allocated for private use. Maximizing public parking is a stated goal of the Town of Vail. 5. Such other factors and criteria the planning and environmental commission and /or council deem applicable to the proposed text amendment. Our Analysis: Not applicable. Ever Vail (Rev. 12.21.10 45 10/4/2011 6 5 - 107 VIII. Conditional Use Permits A. Introduction of the Conditional Use Permits The Applicant is requesting conditional use permits to allow for the following uses: • Private parking structure (including transit facilities) • Maintenance Facility • Gondola • Multiple- Family residential dwelling units on the first floor and garden level • Professional office on the second floor and at garden level • Recreation facilities • Conference and meeting space on the garden and basement levels These uses are all conditional uses listed in the Lionshead Mixed Use — 2 Zone District. A conditional use is further regulations by Chapter 16, Conditional Use Permits, Vail Town Code. The purpose of this chapter is as follows: 12 -16 -1: PURPOSE; LIMITATIONS: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. B. Review Criteria for a Conditional Use Permit 1. Relationship and impact of the use on development objectives of the town. Our Analysis: To be the Premier Mountain Resort Community... The Applicant shares this vision with the Town of Vail. It is the Applicant's intent to further this vision through the addition of world -class facilities in Ever Vail. This vision is further supported by stated development objectives of the Town of Vail. The purpose statement of the Lionshead Mixed Use -2 Zone District states: The Lionshead mixed use 2 district is intended to provide sites for a mixture of multiple family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, light industrial activities, and commercial establishments in a clustered, unified development. Lionshead mixed use 2 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. Ever Vail (Rev. 12.21.10 46 10/4/2011 6 5 - 108 This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead redevelopment master plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead redevelopment master plan. Additionally, the incentives are created to help finance public, off site, improvements adjacent to redevelopment projects. Public amenities which will be evaluated with redevelopment proposals taking advantage of the incentives created herein may include: streetscape improvements, pedestrian /bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. The Lionshead Redevelopment Master Plan provides the framework for the Town of Vail to review the conditional use permit applications. The LRMP is discussed in a previous section of this document and should be referenced in support of this section. Each of the conditional uses proposed are specifically identified in the LRMP as priorities for this site. These uses are consistent with the development objectives of the Town of Vail. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Our Analysis: The addition of the public /private parking structure, with substantial transit facilities, will have positive effects on the above criteria. The addition of a new portal through the new gondola onto the ski mountain will serve to disperse skiers, allowing additional choices for their point of entry onto the mountain, as the study of skier distribution indicates (see study under separate cover). The new gondola and the parking structure are integral in the ability to serve the population by providing both a new lift and the parking necessary to serve the new lift. In addition, this will help to alleviate congestion in lift lines in the Village and Lionshead, by providing skiers with an additional choice to park to access the mountain as well as substantially reducing parking which occurs on the Frontage Road. The maintenance facility is completely subterranean and is a much needed improvement to an outdated facility. The additional recreation facilities, including the new indoor climbing wall and improvements to the Gore Creek and Red Sandstone Creek corridors will improve both active and passive recreational uses throughout the Town of Vail. Finally, the new conference and meeting space will help to reduce the seasonality of the Town of Vail, by providing substantial new meeting space to enhance the existing group business in Town. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. Our Analysis: The Applicant and the Town of Vail are working with CDOT in the re- alignment of the Frontage Road and CDOT is very supportive of the proposed re- alignment. In addition, the Applicant is providing several transit stops both within the proposed transit center and at the street level in front of the proposed market to serve the parking and the overall West Lionshead area. The ski lift will be in close proximity to the proposed parking structure, allowing for skiers to safely walk from the parking structure to the proposed ski lift. Having a gondola to service the skiers parked in the public parking structure allows for less impact on the Town's transportation system. In addition, with Mountain Operations below grade, there is no impact of the snow cats on the public road system. The other proposed conditional uses have no impact on this criteria. Ever Vail (Rev. 12.21.10) 47 10/4/2011 6 5 - 109 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Our Analysis: The proposed parking structure is an integral part of the proposed mixed -use hub that Ever Vail is envisioned to become. The maintenance facility will be completely subterranean and have no impact to surrounding uses, which is a substantial improvement over the existing facility. The other proposed conditional uses are integrated into Ever Vail, and have no impact on increasing the scale and bulk of the project. Ever Vail meets the height limitations of the LMU -2 zone district, and the substantially more restrictive limitations of the Lionshead Redevelopment Master Plan. Ever Vail (Rev. 12.21.10) 48 10/4/2011 6 -5 -110 IX. Major Exterior Alteration A. Introduction to the Major Exterior Alteration In the Lionshead Mixed Use — 2 Zone District, a Major Exterior Alteration is required for the following types of projects: 12 -71 -7: EXTERIOR ALTERATIONS OR MODIFICATIONS: Review Required: The construction of a new building or the alteration of an existing building shall be reviewed by the design review board in accordance with chapter 11 of this title. However, any project which adds additional dwelling units, accommodation units, fractional fee club units, timeshare units, any project which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the administrator) shall be reviewed by the planning and environmental commission as a major exterior alteration in accordance with this chapter and section 12 -3 -6 of this title. Any project which requires a conditional use permit shall also obtain approval of the planning and environmental commission in accordance with chapter 16 of this title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed by the department of community development for planning and environmental commission and design review board review. B. Review Criteria for the Major Exterior Alteration The Lionshead Mixed Use -2 Zone District does not supply criteria for review as in the case of a Special Development District. However, it does offer a description of the "compliance burden." 12 -71 -8: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission and the design review board that the proposed exterior alteration or new development is in compliance with the purposes of the Lionshead mixed use 2 district, that the proposal is consistent with applicable elements of the Lionshead redevelopment master plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. 1. Purpose of the LMU - 2 Zone District Our Analysis: The Lionshead Mixed Use 2 zone district was created in 1999, as the implementation phase of the Lionshead Redevelopment Master Plan. It intended to create incentives for properties to redevelop. The purpose of the LMU -2 zone district is as follows: The Lionshead mixed use 2 district is intended to provide sites for a mixture of multiple - family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, light industrial activities, and commercial establishments in a clustered, unified development. Lionshead mixed use 2 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant Ever Vail (Rev. 12.21.10 49 10/4/2011 6 5 - 11 1 lodging, housing, and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead redevelopment master plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead redevelopment master plan. Additionally, the incentives are created to help finance public, off site, improvements adjacent to redevelopment projects. Public amenities which will be evaluated with redevelopment proposals taking advantage of the incentives created herein may include: streetscape improvements, pedestrian /bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. All the uses proposed at Ever Vail are listed in the Lionshead Mixed Use — 2 Zone District as permitted or conditional uses. As stated in the purpose statement and as a stated goal of Ever Vail, the goal is "to create an economically vibrant lodging, housing, and commercial core area." The redevelopment of West Lionshead into Ever Vail is consistent with the purpose of the Lionshead Mixed Use — 2 Zone District. 2. Lionshead Redevelopment Master Plan Compliance Our Analysis: A complete analysis of Ever Vail's compliance with the Lionshead Redevelopment Master Plan has been provided in a separate section of this document and should be referenced with respect to this section. 3. Character of the Neighborhood Our Analysis: The existing uses in the West Lionshead area could be considered light industrial — the Vail Mountain maintenance facility, old Vail BP site (temporarily a parking lot), and the ERWSD treatment facility. While the maintenance facility will remain at Ever Vail, the facility will be relocated to an underground location, greatly improving the character of the neighborhood. Direct neighbors to Ever Vail include the following: • East: Vail Spa is currently a multi- family residential project, with limited office uses included. It is currently zoned Lionshead Mixed Use —1, which allows for development consistent with the uses proposed at Ever Vail. • West: The Glen Lyon neighborhood, including the Cascade Resort are the nearest neighbors to the west, and other than the Glen Lyon Office building, is separated by significant distance (right -of -way and stream tract). Future development and redevelopment in this area will likely be enhanced by the proposed development occurring at Ever Vail, including the new gondola. • South: The ERWSD building is the nearest neighbor to the south, and is zoned General Use. • North: Ever Vail will generally be bound by the relocated South Frontage Road and 1 -70 right -of -way to the north. The proposed development at Ever Vail will vastly improve the character of the neighborhood. The existing strip mall development will be eliminated, and a new sustainable, economically vibrant, and aesthetically pleasing development will replace it. Ever Vail (Rev. 12.21.10 50 10/4/2011 6 5 - 112 Existing Conditions: On AO tnalla I YID �y � ~_ 'r. , y W - ua a t " q ,.. - ^ t 4. Other Applicable Elements of the Vail Comprehensive Plan Our Analysis: The Lionshead Redevelopment Master Plan has been covered in depth in previous sections of this document and is incorporated here by reference. The Vail Land Use Plan, which was originally adopted in 1986, also includes goals that are applicable to this project. 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial, and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. 2.2 The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Now over 30 years old, the Town of Vail Land Use Plan is outdated in general, but many of the concepts of the plan are applicable to development today. Ever Vail (Rev. 12.21.10) 51 10/4/2011 6 -5 -113 X. Housing Plan CALCULATION METHOD A. Existing Conditions The following table summarizes the existing uses within Cascade Crossing, the Vail Professional Building, the old Vail BP, and the Glen Lyon Office Building, to establish the existing commercial uses on the Ever Vail site: Use Cascade Vail Vail BP Glen Lyon Total Crossing Professional Office Building Building Retail 8,584 1,938 3,374 0 13,896 Eating & Drinking 1,479 0 0 0 1,479 Establishment Office 1,020 17,987 0 10,829 29,836 COMMERCIAL DEVELOPMENT: Any development that includes uses such as business offices, professional offices, accommodation units, general retail, grocery, liquor and convenience, recreational amenity, real estate offices, conference facilities, health clubs, eating and drinking establishments, service oriented businesses, or similar uses. RESIDENTIAL DEVELOPMENT: A development that includes at least one dwelling unit, including single - family dwellings, two - family dwellings, multiple family dwellings, fractional fee club units, lodge dwelling units, attached accommodation units, and timeshare units. B. Net New Commercial Development for Ever Vail The following table summarizes the proposed uses, the net new square footage of each use, and the employees generated by the net increase in square feet in Ever Vail: Use Net New Sq. Ft. or Units Employees Generated Retail 17,631 42 Eating and Drinking Establishment 20,858 141 Spa 9,950 21 Office 4,833 15 Children's Services 12,172 39 Conference 9,807 8 Hotel 102 units 71 Total 338 20% Mitigation Rate 67.53 Total Commercial Linkage Requirements: 67.53 employees C. Net New Residential Development for Ever Vail Residential Development Increase = Inclusionary Zoning Inclusionary Zoning requirement = 10 percent of net new residential sq. ft. Ever Vail (Rev. 12.21.10) 52 10/4/2011 6 -5- 114 The following table provides the calculation for the Inclusionary Zoning Requirement for Ever Vail: Inclusionary Zoning EHU Requirement Net New GRFA 571,318 sq. ft. Generation Rates (10% of net new) TOTAL IZ EHU SF required 57,131.8 sq. ft. D. Mitigation Method Commercial Linkage: The total Commercial Linkage (CL) employee housing requirement is to house 67.53 employees. We are proposing to meet 64% of this requirement on -site, through the provision of dorm -style units. Employees Generated: 67.53 Dorm -Style Unit SF: 1,200 sf per unit Employee Per Dorm -Style Unit: 4.8 Number of Dorm -style Units CL Requirement: 9 units Number of Employees Housed On -Site: 43.2 employees (64 %) Remaining Off -Site Requirement: 24.33 employees Inclusionary Zoning: The total Inclusionary Zoning (IZ) employee housing requirement is 57,131.8 sf. The on -site requirement will be met with the remaining dorm -style units and the for -sale employee housing provided on -site. The remaining requirement will be met through the provision of off -site units. This equates to the following: Total IZ Requirement: 57,131.8 sf For -Sale EHU sf: 39,555 sf Total On -Site IZ Requirement met: 39,555 sf (69 %) Remaining Off -Site IZ Requirement: 17,576 sf • Total Employee Housing Requirement Met On -Site: 67% (49,518 sf) • 64% of CL requirement • 69% of IZ requirement • Remaining Off -Site Employee Housing Requirement: 33% (24,414 sf) 2. PLANS A dimensioned site plan and architectural floor plan that demonstrates compliance with Section 12 -24 -3, Building Requirements. The typical EHU floor plan includes four - bedrooms, two full i IVI NG � baths, living area, dining area, and kitchen, totaling 1,200 sf. BR ;42 BR #3 3. LOT SIZE The average lot size of the proposed EHUs and the average BR DINING lot size of other dwelling units in the commercial development or redevelopment. HA KI FEN BATH Not Applicable C TYPICAL EHU - 1,200 SF 4. SCHEDULES A timeline for the provision of any off -site EHUs. Ever Vail (Rev. 12.21.10) 53 10/4/2011 6 -5 -115 Deed restrictions for off -site units will be provided in accordance with the TCO Sequencing Plan as provided under separate cover. 5. OFF - SITE UNITS A proposal for the provision of any off -site EHUs shall include a brief statement explaining the basis of the proposal. The Applicant is proposing to meet 64% of the Commercial Linkage Requirement and 69% of the total Inclusionary Zoning Requirement, for a total of 67% of the total EHU requirement. The remaining 33% or 24,414 sf requirement will be met off -site, as is allowed by the Town Code. Providing off -site units will afford a benefit to the Town of Vail, as it will immediately have employee units in place. 6. OFF - SITE CONVEYANCE REQUEST A request for an off -site conveyance shall include a brief statement explaining the basis for the request. Not Applicable 7. FEES - IN - LIEU A proposal to pay fees -in -lieu shall include a brief statement explaining the basis of the proposal. There will be no fee -in -lieu. 8. WRITTEN NARRATIVE A written narrative explaining how the employee housing plan meets the purposes of the Chapter and complies with the Town's Comprehensive Plan. A. Chapter 12 -24 -1 The purpose of Chapter 12 -24 -1 is as follows: The purpose of this Chapter is to ensure that new residential development and redevelopment in the Town of Vail provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such residential development and redevelopment. Chapter 12 -23 -1: The purpose of Chapter 12 -23 -1 is as follows: The purpose of this chapter is to ensure that new commercial development and redevelopment in the town provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such commercial development and redevelopment. As indicated, the Applicant is proposing to meet approximately 67% of the employee housing requirement on -site, exceeding the Town's minimum requirement of 50 %. It is the intent of the Applicant that Ever Vail is a vibrant community within the Town, with a mix of residents. With the mix of unit types, and both for -sale and rental housing, Ever Vail will be providing for employee housing at a variety of income levels, mitigating the impact of both residential and commercial development. In addition to meeting the Town's requirements, the Applicant will be restricting the occupancy of some of the employee units to lower income residents by using County AMI standards for affordability. B. Lionshead Redevelopment Master Plan. Ever Vail was recently included in to the Lionshead Redevelopment Master Plan study area. The following is taken from Chapter 4 of the Lionshead Redevelopment Master Plan: Ever Vail (Rev. 12.21.10) 54 10/4/2011 6 -5- 116 4.9 Housing Recent community surveys and grass -roots planning efforts such as Vail Tomorrow have identified the lack of locals' housing as the most critical issue facing the Vail community. Early in the Lionshead master planning process, west Lionshead was identified as an opportunity area to implement some of the community's housing goals, particularly relating to employee housing. These opportunities and associated issues are outlined below. 4.9.1 No Net Loss of Employee Housing Ground rule number five of the master plan states that there shall be no net loss of employee housing in Lionshead as redevelopment occurs. 4.9.2 Visual Issues The financial realities of affordable housing often require cost reducing measures, generally involving the quality of detailing, planning, and architectural design. Given the strong desire to make these housing projects feasible, it is recommended that some latitude be granted to affordable housing developers. However, it is also important that financial realities not be used as an excuse to produce unsightly, poorly designed, substandard products. Employee housing does not need to match the architectural sophistication of a five star resort development, but it does need to be good quality construction and design. Rivers Edge in Avon is a good example of an attractive yet affordable employee housing project. 4.9.3 Policy Based Housing Opportunities The first means of implementing housing goals in Lionshead is through policy based requirements such as the employee generation ordinance currently being pursued by the Vail Town Council. As required by a future ordinance, all development and redevelopment projects, as a prerequisite to project approval, should provide housing for employees generated and to the extent possible this housing should be located in the Lionshead area. At the time of the adoption of the Lionshead Redevelopment Master Plan, the practice of the Town of Vail was to require mitigation of the employees generated by a project. Neither the Town nor the Lionshead Redevelopment Master Plan ever anticipated the current requirements. As result, the employee housing provided by the Ever Vail development clearly exceeds the expectations of the Lionshead Redevelopment Master Plan and is therefore in compliance. The Town Vail Land Use Plan offers the following goals with regard to employee housing: 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Ever Vail (Rev. 12.21.10 55 10/4/2011 6 5 - 117 Ever Vail complies with these statements from the Town of Vail Land Use Plan. Specifically, integrating the employee housing at Ever Vail into the project allows for employee housing to be slope -side and near their employment. ,,„‘ 111 ") • w _ . , _. 0 Al 111 , �� ' l ift " i 1 .._ .. . ,. ... h. 1 IP I i 1 P , . • ilk lur 41. E " i ,- 4 r 1 ten •. ~ , - ♦ ` 4 :, 40 1 it - f , it ° " WN Ever Vail (Rev. 12.21.10) 56 10/4/2011 6 -5 -118 XI. Adjacent Addresses 210312109003 210107217002 000728 LIONSHEAD CIR GLEN LYON OFFICE BUILDING VAIL CORP C/O ANDREW D. NORRIS PO BOX 7 1000 S FRONTAGE RD W STE 200 VAIL, CO 81658 VAIL, CO 81657 000710 LIONSHEAD CIR 210312100005 000934 FRONTAGE RD VAIL SPA CONDOMINIUM ASSOC VAIL CORPORATION 710 W LIONSHEAD CIR PO BOX 959 VAIL, CO 81657 AVON, CO 81620 -0959 DANN PETER - Registered Agent 210312100004 001031 FRONTAGE RD PO BOX 5480 SOHO DEVELOPMENT LLC AVON, CO 81620 950 17TH ST STE 1600 DENVER, CO 80202 001000 LIONS RIDGE LOOP VAIL RUN RESORT COMMUNITY 210312100002 000953 FRONTAGE RD 1000 LIONS RIDGE LOOP SOHO DEVELOPMENT LLC VAIL, CO 81657 950 17TH ST STE 1600 DENVER, CO 80202 Vail Run Resort Community Assoc Inc William 1 Fleischer - Registered Agent 210312124001 000923 FRONTAGE RD W 1000 LIONSRIDGE LOOP VAIL CORP VAIL, CO 81657 PO BOX 7 VAIL, CO 81658 210107217002 RCR Vail LLC 210312109004 SUB:GLEN LYON SUBDIVISION LOT:39 -2 390 INTERLOCKEN CRESCENT STE 1000 ROBERT J. ROSEN 2005 QPRT BROOMFIELD , CO 80021 NANCY ROSEN 2005 QPRT 1127 LAKE AVE Gore Creek Place LLC GREENWICH, CT 06831 390 Interlocken Crescent, Broomfield, CO 80021 210312109005 ORRAS, IGNACIO 210107222004 777 POST OAK BLVD 550 JPSSE VAIL IMMOBILIERE LLC HOUSTON, TX 77056 RUBEN DARIO 115 TORRE 2 602 MEXICO D.F. CP 11580 210107216001 000846 FOREST RD MEXICO EAGLE RIVER WATER & SANITATION DIST 846 FOREST RD 210107222003 VAIL, CO 81657 3 GCP INC AV CHAPULTEPEC 18 210107200001 MEXICO DF 06640 210312109002 MEXICO 210312100010 210107200001 210107222002 210106302004 MARK GREENHILL REV TRUST - ELIZABETH GREENHILL REV 210107218002 TRUST - MARK GREENHILL FAMILY DESCENDANTS TRUST 210107218001 153 SHERIDAN RD TOWN OF VAIL WINNETKA, IL 60093 C/0 FINANCE DEPT 75 S FRONTAGE RD 210107222001 VAIL, CO 81657 CAREY, ROBERT B. 6912 E HUMMINGBIRD LN 210107217004 000825 FOREST RD PARADISE VALLEY, AZ 85253 GORE CREEK PLACE LLC PO BOX 7 VAIL, CO 81658 Ever Vail (Rev. 12.21.10 57 10/4/2011 6 -5- 119 210107222007 SANDSTONE 70 CONDOMINIUM ASSOCIATION, INC. SHARE SYNDICATE XIII LLC PO BOX 1679 ALISON BUCHHOLTZ AVON, CO 81620 675 LIONSHEAD PL VAIL, CO 81657 CDOT 4201 E. ARKANSAS AVENUE 210107222008 DENVER, CO 80222 JANICE SAUVAGE TRUST NO 1 8650 W TROPICANA AVE 208 MAURIELLO PLANNING GROUP, LLC LAS VEGAS, NV 89147 POST OFFICE BOX 1127 AVON, CO 81620 210107222006 SCHICIANO, KENNETH 2101 - 072 -11 -032 43 HIGHGATE RD VAIL RESORTS DEV WELLESLEY, MA 02481 THE FIXED ASSETS DEPARTMENT 390 INTERLOCKEN CRESCENT STE 1000 210107222005 BROOMFIELD , CO 80021 5 GCP INC AV CHAPULTEPEC 18 COL DOCTORES 2101 - 072 -23 -001 MEXICO DF WDL VAIL CONDOMINIUM ASSOCIATION, INC. MEXICO GRAHAM FRANK POST OFFICE BOX 959, 2103 - 014 -01 -068 AVON, CO 81620 TELLEEN, DANIEL E. 122 E MEADOW DR THE GORE CREEK PLACE HOMEOWNER'S ASSOCIATION VAIL, CO 81657 728 W. LIONSHEAD CIRCLE VAIL, CO 81657 2101 - 063 -03 -015 JOSEPH O. BROUGHTON TESTAMENTARY TRUST LIFTSIDE CONDOMINIUM ASSOCIATION 240 ASH ST VAIL CASCADE CONDOMINIUMS DENVER, CO 80220 1476 WESTHAVEN DR, VAIL, CO 81657 2101 - 063 -03 -016 BROUGHTON, JOSEPH 0., JR & LINDA K. LIFTSIDE, L.L.C. 240 ASH ST ABPLANALP LAW OFFICE, LLC SUITE 301 DENVER, CO 80220 521 EAST LIONSHEAD CIRCLE VAIL, CO 81657 2101 - 063 -03 -014 RICHARD E. & MARTHA GRIFFITH DEAN TRUST, RICHARD E. & CASCADE CLUB ASSOCIATION MARTHA GRIFFITH DEAN TRUSTEES DON MACLACHLAN PO BOX 970 1300 WESTHAVEN DR TONGANOXIE, KS 66086 VAIL, CO 81657 SIMBA RUN CONDOMINIUM ASSOCIATION 2103 - 121 -19 -001 Farrow Hitt 2103 - 121 -00 -015 1100 N FRONTAGE RD 2103 - 121 -00 -012 VAIL, CO 81657 L-0 WESTHAVEN INC THOMSON REUTERS PTS BREAKAWAY WEST ASSOCIATION 1125 17TH ST STE 1575 Christine A. Spaeth DENVER, CO 80202 PO Box 3717, Eagle, CO 81631 XCEL ATTN: RICH SISNEROS BREAKAWAY WEST ASSOCIATION PO BOX 1819 P.O. Box 1743, SILVERTHORNE, CO 80498 Vail, CO 81658 QWEST SANDSTONE 70 CONDOMINIUM ASSOCIATION, INC. 591 CENTER CIRCLE Vail Tax & Accounting, Inc. PO BOX 739 BOX 5940 SILVERTHORNE, CO 80498 AVON, CO 81620 Ever Vail (Rev. 12.21.10 58 10/4/2011 6 -5- 120 HOLY CROSS 3799 HWY 82 PO BOX 2150 GLENWOOD SPRINGS, CO 81602 UNITED STATES OF AMERICA PO BOX 25127 LAKEWOOD, CO 80225 WHITE RIVER NATIONAL FOREST 900 GRAND AVE. P.O. BOX 948 GLENWOOD SPRINGS CO 81602 VAIL RECREATION DISTRICT 700 S FRONTAGE RD EAST VAIL, CO 81657 EAGLE COUNTY AMBULANCE DISTRICT PO BOX 990 EDWARDS, CO 81632 CO M CAST ATTN: TONY HILDRETH PO BOX 679 SILVERTHORNE, CO 80498 EAGLE RIVER WATER & SANITATION DIST 846 FOREST RD VAIL, CO 81657 CASCADE VILLAGE ASSOCIATION, INC. JULIE GRIMM 1000 S FRONTAGE RD WEST #200 VAIL, CO 81657 CASCADE VILLAGE METROPOLITAN DISTRICT ROBERTSON & MARCHETTI, P.C. 28 SECOND STREET, SUITE 213 EDWARDS, COLORADO 81632 All plans and programming are proposed, remain subject to governmental approvals (which have not yet been obtained) and no representations are made about the accuracy of any information for the final project. Any reference to size or square footage is approximate. Views are not guaranteed. All information presented in this notebook is proposed and all elements are subject to change or elimination without notice. The project is working towards LEED -ND certification and no representations are made regarding the final certification which will not be determined until the project is complete. The Ever Vail" project is being developed by Ever Vail, LLC an affiliate of Vail Resorts Development Company. Designated trademarks are the property of Vail Trademarks, Inc. © 2010 Vail Resorts Development Company. Ever Vail (Rev. 12.21.10) 59 10/4/2011 6 -5 -121 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 24, 2011 SUBJECT: 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, 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 SUMMARY The applicant, Ever Vail, LLC, represented by the Mauriello Planning Group, LLC, is requesting a recommendation to the Vail Town Council on a proposed major amendment to Special Development District (SDD) 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. The request to remove Development Area D (Glen Lyon Office Building) from SDD No. 4 is necessary to allow the lot to be combined with the former Amoco /BP gas station site, Cascade Crossing, the Vail Professional Building, the Holy Cross Lot, the Vail Resorts Maintenance Yard, and portions of South Frontage Road West right -of -way which is to be abandoned. The assemblage of these sites listed above will permit the applicant to establish two new parcels within a new subdivision, thus creating the Ever Vail development site. Upon review of the applicable elements of the Town's planning documents and adopted criteria for review, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with conditions, of the request for a major amendment to Special Development District (SDD) No. 4, Cascade Village. Staff's recommendations are based upon review of the established criteria provided in Sections VIII of this memorandum and the evidence and testimony which was received. II. DESCRIPTION OF THE REQUEST Special Development District Amendment The applicant is requesting a recommendation to the Vail Town Council on a proposed major amendment to SDD No. 4, Cascade Village, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to remove Development Area D, Glen Lyon Office Building (GLOB) from the SDD. The removal of the GLOB property from SDD No. 4 facilitates its incorporation into the proposed Ever Vail development site. 10/4/2011 6 -6 -1 A vicinity map (Attachment A) and a draft amending ordinance are attached for reference (Attachment B). III. BACKGROUND The Vail Resorts Maintenance Shop was annexed into the Town of Vail by Ordinance No. 8, Series of 1969, which became effective on August 23, 1969. The Holy Cross Lot, Vail Professional Building, Cascade Crossing, and former gas station sites were annexed into the Town of Vail by Ordinance No. 26, Series of 1975, which became effective on December 16, 1975. On December 11, 2006, the Planning and Environmental Commission forwarded a recommendation of approval for amendments to the Lionshead Redevelopment Master Plan to include the Vail Professional Building and Cascade Crossing parcels within the Master Plan boundaries and to amend the recommendations for the area known as "West Lionshead ". On February 6, 2007, the Vail Town Council adopted Resolution No. 4, Series of 2007, which implemented the changes to the Lionshead Redevelopment Master Plan regarding West Lionshead and the area known as Ever Vail. On September 24, 2007, the Planning and Environmental Commission forwarded a recommended approval of the preliminary plat by a vote of 6 -0 -0. This application was subsequently withdrawn by the applicant while it was in the Town Council review process. On October 22, 2007, the Planning and Environmental Commission forwarded a recommendation of approval on the proposed rezoning of the two new parcels proposed to be established in the Ever Vail Subdivision by a vote of 5 -1 -0 (Cleveland opposed). This application was subsequently withdrawn by the applicant while it was in the Town Council review process. On August 11, 2008, the Town of Vail Planning and Environmental Commission voted 4 -0 -1 (Viele recused) to forward a recommendation of approval of Resolution No. 19, Series of 2008, for the Vail Land Use Plan map amendment to allow for a change in the land use designation from Community Office to Lionshead Redevelopment Master Plan for the Glen Lyon Office Building site. On September 2, 2008 the Vail Town Council approved Resolution No. 19, Series of 2008, described above. The motion passed 4 -3 -0, with Foley, Hitt and Rogers dissenting. On December 8, 2008 the Town of Vail Planning and Environmental Commission voted 5 -0- 1 (Viele recused) to forward a recommendation of approval to the Vail Town Council for Resolution 26, Series of 2008, which included amendments to the Lionshead Redevelopment Master Plan to incorporate the GLOB within the document. On February 3, 2009 the Vail Town Council adopted Resolution No. 26, Series of 2008, by a vote of 5 -1 -0 (Foley opposed). On March 22, 2009, the Planning and Environmental Commission approved a partial preliminary plan which established the 1 -70 right -of -way. This partial preliminary plan was endorsed by the Town Council on April 21, 2009, for submittal to CDOT for review. 2 10/4/2011 6 -6 -2 On January 10, 2011, the Planning and Environmental Commission unanimously forwarded recommendations of approval to the Vail Town Council for the adoption of the Ever Vail preliminary plan and the zoning of Parcels 1 and 2 of the Ever Vail Subdivision to Lionshead Mixed use 2 District. These recommendations of approval were conditioned upon the recording of the Ever Vail final plat. IV. ROLES OF REVIEWING BOARDS Major Amendment to a Special Development District Planning and Environmental Commission: The PEC shall review the proposal for and make a recommendation to the Town Council based upon the findings made on the criteria located in Chapter 12 -9A, Special Development District, Vail Town Code. Town Council: The Town Council takes into consideration the PEC's recommendation when reviewing an application for a special development district and is responsible for final approval /denial of an SDD. The Town Council shall review the proposal and approve /approve with conditions /deny the application based upon the findings made on the criteria located in Chapter 12 -9A, Special Development District, Vail Town Code. V. APPLICABLE PLANNING DOCUMENTS Lionshead Redevelopment Master Plan (in part) Chapter 2 — Introduction (in part) 2.3 Policy Objectives The Town Council adopted six policy objectives on November 4, 1996 to outline the important issues to be addressed in the master plan and to provide a policy framework for the master planning process. 2.3.1 Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2.3.2 Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. 2.3.3 Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ( "live beds" or "warm beds') through new 3 10/4/2011 6 -6 -3 lodging products. Live beds and warm beds are best described as residential or lodging rooms or units that are designed for occupancy by visitors, guests, individuals, or families on a short term rental basis. In order to improve occupancy rates and create additional bed base in Lionshead, applications for new development and redevelopment projects which include a residential component shall provide live beds in the form of accommodation units, fractional fee club units, lodge dwelling units, timeshare units, attached accommodation units (i.e, lock -off units), or dwelling units which are included in a voluntary rental management program and available for short term rental. Further, it is the expressed goal of this Plan that in addition to creating additional bed base through new lodging products, there shall be no net loss of existing live beds within the Lionshead Redevelopment Master Plan study area. 2.3.4 Improved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. 2.3.5 Improved Infrastructure The infrastructure of Lionshead (streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. 2.3.6 Creative Financing for Enhanced Private Profits and Public Revenues Financially creative and fiscally realistic strategies must be identified so that adequate capital may be raised from all possible sources to fund desired private and public improvements. Chapter 4 — Recommendations — Overall study Area (in part) 4.1.5 West Lionshead - Residential/ Mixed - Use Hub West Lionshead includes the Vail Associates Service Yard, Holy Cross site, Vail Professional Building site, Cascade Crossings site, Glen Lyon Office Building site, former gas station site and the Eagle River Water and Sanitation site. This area of Lionshead is generally under utilized and from an aesthetic standpoint is not in keeping with what the Town would like to see Lionshead become as it redevelops in the coming years. The Town of Vail does place a high value on maintaining the office and retail areas in West Lionshead and any redevelopment should reasonably increase the square footage of existing office and have "no net loss" of retail square footage in West Lionshead. With their recent acquisition of additional properties in this area, Vail Resorts has the opportunity to bring lift service to this part of Lionshead. Lift service brings with it great potential for the re- development of this area and in doing so expand all of Lionshead to the west with improved pedestrian connections, new retail and office activity and other improvements. While lift access will certainly energize this area during the winter months, attention should be given to creating a year -round 4 10/4/2011 6 -6 -4 attraction within this area of Lionshead (see detailed plan recommendations in Chapter 5) The master plan recommends that this hub become a residential/ mixed use area with an emphasis on meeting the needs of both the local community and our guests. Appropriate uses could include high density residential development, lodging, community and visitor based office and retail space, employee housing and parking, bus or transit functions and a ski lift connection to Vail Mountain. The catalyst for this mixed use hub is ski lift access to Vail Mountain. Consideration should be given to integrating employee housing into the redevelopment of West Lionshead in accordance with the Town's employee housing policies and regulations. To the extent possible development patterns in this area should reflect north -south orientation of buildings, visual penetrations to the mountain, and a pedestrian oriented environment. The degree of north -south building orientation maybe difficult given the relatively narrow east -west orientation of this area. In addition, the introduction of ski lift access in this location creates a catalyst fora structured public parking facility. All service and delivery demands created by development in this area shall be accommodated on -site. The site will continue to accommodate the existing and potentially expanded functions of the Vail sanitation plant. The mountain service yard could be reduced in size, as some functions can be moved to less central locations. It may also be possible to relocate the entire mountain service yard to a new location in the West Lionshead area which would allow for greater flexibility in the redevelopment of this site. However as the area develops it is critical that new uses be connected to the primary pedestrian corridors and that they be served by the Town of Vail in -town transit system. Chapter 5 — Detailed Plan Recommendations (in part) 5.17 West Lionshead West Lionshead includes the Vail Associates Service Yard, Holy Cross site, Vail Professional Building site, Cascade Crossings site, Glen Lyon Office Building site, former gas station site and the Eagle River Water and Sanitation site. 5.17.1 South Frontage Road Improvements and Vehicular Access Planning for West Lionshead must consider two different scenarios: the realignment of South Frontage Road and its retention in the existing alignment. While the introduction of lift service is viable in either of these Frontage Road alternatives, site design will vary depending upon what happens to the Frontage Road alignment. See Figures 4 -9a, and 4 -9b for the Frontage Road realignment alternatives. Notwithstanding these different Frontage Road scenarios, there should be an increase of existing office square footage and `no net loss" of retail square footage as a result of the redevelopment of these parcels. Furthermore, service and delivery for West Lionshead shall occur underground or be hidden from public view. Service and delivery truck turning maneuvers should not negatively impact traffic flow on the South Frontage Road. With a realignment of vehicular access points, attention should be given to the location of service and parking areas. a. Retention of Existing Frontage Road Alignment 5 10/4/2011 6 -6 -5 If the Frontage Road remains in its current location the Maintenance Yard /Holy Cross parcels, the Vail Professional Building site, and /Cascade Crossing and the Glen Lyon Office Building site all remain viable development sites. The most viable site for a public parking facility would be the Maintenance Yard /Holy Cross parcels. While other lift locations are feasible, the old gas station site is a viable location for a base terminal. This location would require a grade separated pedestrian crossing over the Frontage Road to the Maintenance Yard /Holy Cross parcels. A strong east - west oriented pedestrian corridor with ground floor retail uses would be necessary to create a strong connection between this area and the rest of Lionshead. Under this Frontage Road scenario the Vail Professional Building site and Cascade Crossing could be developed as a contiguous parcel. 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 sites. Possible opportunities for improvements may include, an improved mass transit stop, relocated /reduced /shared points of entry /exiting, restricted access points, acceleration/ deceleration lanes, greater sight distances, dedicated turning lanes, landscaped medians and skier drop -off. In the redevelopment of Cascade Crossing and the Glen Lyon Office Building site under the current configuration of the Frontage Road, the bus stops in front of said properties shall be enhanced with, for example, shelters, benches, and landscaping. Pedestrian connections shall be improved from the bus shelters, across the South Frontage Road and to and from the surrounding buildings to provide safe and attractive pedestrian crossing and connections. Improvements may include crosswalks, walkways, pedestrian crossing warning lights, medians, and signage. b. Frontage Road Realignment The greatest benefit of this realignment alternative is that it results in one very large and contiguous development parcel and in doing so integrates the Maintenance Yard /Holy Cross site with the West Day Lot by removal of the barrier created by the existing Frontage Road alignment. It also creates the best pedestrian environment 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 alternative the most viable site for a public parking facility would still be the Maintenance Yard /Holy Cross parcels. With the re- location of the Frontage Road lift access out of the old gas station site would not require a grade separated pedestrian crossing to the Maintenance Yard /Holy Cross parcels. However, a grade separated crossing over the Red Sandstone Creek would be needed to link the Holy Cross site with the Vail Professional Building site. This alternative would also present the opportunity for enhancing Red Sandstone Creek to make it more accessible to the community and an aesthetically pleasing water feature. Enhancements might include; streambank stabilization/ beautification, natural stream drop structures, interactive low flow areas and general improvements for wetlands and wildlife habitat. Any modification or enhancement to the creek corridor would be subject to U.S. Army Corp of Engineers approval. A strong east - west oriented pedestrian corridor with ground floor retail uses would be necessary to create a strong connection between this area and the rest of Lionshead. 6 10/4/2011 6 -6 -6 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 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. 5.17.2 Pedestrian and Bike Access As compared to a separate, free - standing portal, West Lionshead is considered a part of the greater Lionshead area. In order for this area to be successful, it is important to have a strong pedestrian connection with the rest of Lionshead. Streetscape improvements including bike lanes or trails and sidewalks should be incorporated in any redevelopment along West Lionshead Circle and the South Frontage Road to improve the viability of mixed uses in West Lionshead. Improvements to street lighting, walking surfaces, trails, seating areas and public art that facilitate safe and attractive pedestrian and bike movement are strongly encouraged. Said improvements may necessitate the need for access easements through the sites. In the redevelopment of West Lionshead, pedestrian and bike connections shall be made to integrate with the rest of Lionshead and Cascade Village. There is an existing recreation path that runs across the southwest corner of the Glen Lyon Office Building site. If the site redevelops the recreation path shall be enhanced to meet town recreational path standards and to provide a safe and attractive pedestrian and bike experience. The improvements shall include a public easement over the path where necessary. 5.17.3 Preservation of Existing Office and Retail Space There shall be an increase in office space and no net loss of retail space in West Lionshead. Opportunities for increasing the square footage of office and retail beyond the existing conditions in West Lionshead shall be evaluated during the development review process. Currently, West Lionshead offices and businesses offer a variety of local services and amenities, which is important to preserve with the redevelopment of West Lionshead. During the winter months, the proposed ski lift in West Lionshead and the associated parking will generate significant pedestrian traffic and activity. However, consideration should be given to how West Lionshead 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 West Lionshead. 7 10/4/2011 6 -6 -7 5.17.4 Relationship to Red Sandstone Creek and Gore Creek Red Sandstone Creek and Gore Creek abut the Glen Lyon Office Building site, former gas station site, Holy Cross site and the Vail Professional Building site. Any redevelopment of these parcels should consider how the creeks can be enhanced and made an amenity of this redevelopment area. A substantial stand of mature trees exists on the banks of the two creeks, with low lying brush on the shores. Every effort shall be taken to preserve the substantial trees and natural steep slopes along the banks of both creeks. 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. 5.17.6 Redevelopment Considerations for Glen Lyon Office Building site Consistent with its location at the western edge of West Lionshead and with respect to the extensive frontage along Gore Creek, it is appropriate to recognize certain development limitations and opportunities regardless of the underlying zone district. 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. 5.17.6.2 Residential Land Use and Density Existing physical improvements on the Glen Lyon Office Building site include a three -story building with 10,829 square feet of general office space and a surface parking lot. Because of the site's physical location along Gore Creek, it's accessibility to Lionshead Village, and the adjacent potential redevelopment including a ski -lift and activity center, it may be appropriate to introduce a mix of uses on site. If residential uses are proposed, the use shall be consistent with the Master Plan goal to increase the number of `Live Beds' in Lionshead. Residential density on the site should be studied and proposed in a manner that is compatible with the character and scale of adjacent uses and Gore Creek. Residential uses should be located on the basement or garden level and second floor and above in buildings on -site. If residential uses are proposed on the street level or first floor, the vitality of the pedestrian and bike experience shall be considered along with the function and character of the adjacent uses and structure design. The mixture of land uses on the Glen Lyon Office Building site shall maintain a balance between residential, office/ commercial and recreational uses to serve both the visitor and the permanent resident. 5.17.6.3 Office Land Use Consistent with the Master Plan requirement for an increase of office space, the existing 10,829 square feet of office space shall be replaced and increased on -site. 5.17.6.4 Employee Housing 8 10/4/2011 6 -6 -8 All (100 %) of the employee housing requirements associated with the Glen Lyon Office Building site, as required by the Vail Town Code, shall be met on -site. 5.17.6.5 Landscape Preservation & Relationship to Red Sandstone & Gore Creeks The Glen Lyon Office Building site borders on the Red Sandstone Creek along the east property line and the Gore Creek along the south property line. The redevelopment of the Glen Lyon Office Building site should consider how the creeks can be enhanced and made an amenity of the area. A substantial stand of mature trees exists on the banks of the two creeks, with low lying brush on the shores. Every effort shall be taken to preserve the substantial trees and natural steep slopes along the banks of both creeks. 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. Vail Land Use Plan (in part) The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. The goal statements which are reflected in the design of the proposed Plan are as follows: 1. General Growth / Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.5 Commercial strip development of the Valley should be avoided. 1.7 New subdivisions should not be permitted in high geologic hazard areas. 9 10/4/2011 6 -6 -9 1.8 Recreational and public facility development on National Forest lands may be permitted where no high hazards exist if. a) Community objectives are met as articulated in the Comprehensive Plan. b) The parcel is adjacent to the Town boundaries, with good access. c) The affected neighborhood can be involved in the decision - making process. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 1.13 Vail recognizes its stream tract as being a desirable land feature as well as its potential for public use. 2. Skier /Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. 2.3 The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. 2.4 The community should improve summer recreational options to improve year -round tourism. 2.5 The community should improve non -skier recreational options to improve year -round tourism. 2.7 The Town of Vail should improve the existing park and open space lands while continuing to purchase open space. 2.8 Day skier needs for parking and access should be accommodated through creative solutions such as: a) Increase busing from out of town. b) Expanded points of access to the mountain by adding additional base portals. c) Continuing to provide temporary surface parking. d) Addition of structured parking. 3. Commercial 3.2 The Village and Lionshead areas the best location for hotels to serve the future needs of destination skiers. 10 10/4/2011 6 -6- 10 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 3.5 Entertainment oriented business and cultural activities should be encouraged in the core areas to create diversity. More night -time businesses, on -going events and sanctioned "street happenings" should be encouraged. 4. Village Core / Lionshead 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 5. Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.2 Quality time share units should be accommodated to help keep occupancy rates up. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. 6. Community Services 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods. Town of Vail Zoning Regulations Special Development District (in part) 12 -9A -1: Purpose And Applicability: 11 10/4/2011 6-6-11 A. Purpose: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan. An approved development plan for a special development district, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. 12 -9A -2: Definitions: MAJOR AMENDMENT (PEC AND /OR COUNCIL REVIEW): Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this section), except as provided under section 12 -15 -4, "Interior Conversions ", or 12 -15 -5, 'Additional Gross Residential Floor Area (250 Ordinance)", of this title. VI. ZONING ANALYSIS The following is a zoning analysis of the development potential of Parcel 2 as depicted on the Ever Vail Preliminary Plan, if adopted as shown. Development Area D is proposed to be incorporated into Parcel 2 of the Ever Vail subdivision Legal Description: Parcel 2, Ever Vail Subdivision Land Use Designation: Lionshead Redevelopment Master Plan Lot Size: 230,650.2 sq. ft./5.295 acres Development Standard LMU -2 Lot Area: 10,000 sq. ft. min. Setbacks: 10 ft. all sides Height: 82.5 ft. max. 71 ft. average Density Control: 185 DUs, unlimited AUs, FFUs, EHUs GRFA: 476,387.5 sq. ft. (based upon 190,555 sq. ft. buildable site area) Site Coverage: 161,455.1 sq. ft. (70 %) Landscaping: 46,130 sq. ft. (20 %) Parking Per Chapter 10 of the Zoning Regulations 12 10/4/2011 6 -6- 12 VII. SURROUNDING LAND USES AND ZONING Land Use Zoning North: CDOT ROW None South: Stream Tract Natural Area Preservation District East: Utility /Mixed Use General Use /Lionshead Mixed Use 2 Districts West: Mixed Use SDD No. 4. Cascade Village VIII. SPECIAL DEVELOPMENT DISTRICT MAJOR AMENDMENT REVIEW CRITERIA The Town Code provides nine design criteria which shall be used in evaluating the merits of a major amendment to an established SDD. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. This application is somewhat unique in that the applicant is requesting that a portion of an established SDD be removed to become part of a proposed development site separate from the current SDD. Staff has performed a review of these criteria based upon the potential impacts to the remaining SDD as follows: A. Consideration of Factors Regarding Special Development Districts: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. As is identified under Section III, Background, of this memorandum the Town's adopted processes for amending the Vail Land use Plan and the Lionshead Redevelopment Master Plan were followed to lay the framework for the inclusion of the GLOB in the overall planning being undertaken with regard to the proposed Ever Vail project. The inclusion of the GLOB within the Lionshead Redevelopment Master Plan and thus a change in the land use designation acknowledged the influence that the previous expansion of the Lionshead Redevelopment Master Plan boundaries would have on the GLOB site. The recommendations included in the Master Plan imposed development standards to ensure that the desired scale, bulk, and mass that are desired will be achieved. Future development on the GLOB site will be required to comply with Lionshead Redevelopment Master Plan and the proposed Lionshead Mixed Use 2 District. The request to remove Development Area D (GLOB) from SDD No. 4, Cascade Village, will not have any negative effect on the remaining portions of the SDD. SDD No. 4, Cascade Village, was adopted with multiple development areas which resulted in the desired development which include but are not limited to, a hotel, single - family and 13 10/4/2011 6-6-13 duplex residential, multi - family residential, and an office building. Each development area in the SDD was granted specific development potential which was to be used within that area and not to be transferred. If approved, this amendment to SDD No. 4 would only occur in conjunction with the recording of the proposed Ever Vail Subdivision Final Plat. Staff believes the proposed amendments comply with this criterion. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. As discussed under Criterion A, the Town's adopted processes for including the GLOB within the Lionshead Redevelopment Master Plan were followed to establish the appropriate development standards to ensure a development outcome on the site which would be compatible, efficient, and workable with the surrounding uses and activities. The inclusion of the GLOB within the Master Plan and now within the proposal for the overall Ever Vail project will result in a comprehensive redevelopment for the western edge of Lionshead. The physical separation of the GLOB site from the remainder of the SDD caused by Gore Creek and steep grades has resulted in the current development on the site being somewhat isolated. Removal of the site from the SDD and inclusion in the proposed Ever Vail project will result in better planning and redevelopment of the site as it will become a part of the whole. Staff believes that the proposal does comply with this criterion. C. Compliance with parking and loading requirements as outlined in Chapter 12 -10 of the Vail Town Code. The application does not include a specific development proposal at this time. All future development proposals will be required to comply fully with the Town's adopted parking and loading requirements as required under the Major Exterior Alteration review process. Staff believes that the application complies with this criterion at this time. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. Amendments already made to the Vail Land Use Plan and the Lionshead Redevelopment Master Plan established the development standards by which redevelopment on the GLOB site will be reviewed. The portion of the Ever Vail Subdivision that is occupied by the GLOB site will have to comply with Section 5.17.6, Redevelopment Considerations for Glen Lyon Office Building Site, Lionshead Redevelopment Master Plan. Within these site specific recommendations and standards a maximum height of 56 feet is permitted on the site, the 10,829 square feet of office space and all required employee housing units are to be replaced on -site. It is anticipated that the specific development application for the Ever Vail project will comply with the recommendations and standards of the Lionshead Redevelopment Master Plan. Staff believes that the application complies with all the goals and objectives of the Vail Comprehensive Plan, specifically the Lionshead Redevelopment Master Plan. 14 10/4/2011 6-6-14 E. Identification and mitigation of natural and /or geologic hazards that affect the property on which the special development district is proposed. According to the Official Town of Vail Geologic Hazard Maps, the Ever Vail development site is not located in any geologically sensitive areas. Staff believes that the application complies with this criterion. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The application does not include a specific development proposal at this time. Any development proposal will be required to comply with the Town's adopted site coverage and landscaping requirements and will be reviewed for sensitivity to natural features. Staff believes the proposal complies with this criterion. G. A circulation system designed for both vehicles and pedestrians addressing on and off -site traffic circulation. Removal of Development Area D from SDD No. 4 has no impacts to the entirety of the SDD. Within SDD No. 4 the five development areas were provided specific development potential and land uses. No portion of the development potential in the SDD is linked as to create shared interests. Removal of Development Area D does not result in the loss of any development potential. The application does not include a specific development proposal at this time. All future development proposals will be required to comply fully with the Town's adopted transit plan recommendations and requirements and Town of Vail comments regarding pedestrian and vehicular circulation. Staff believes the proposal complies with this criterion. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. Removal of Development Area D (GLOB) from SDD No. 4 has no impacts to the entirety of the SDD. Within SDD No. 4 the five development areas were provided specific development potential and land uses. No portion of the development potential in the SDD is linked as to create shared interests. Removal of Development Area D does not result in the loss of any development potential. The application does not include a specific development proposal at this time. All future development proposals will be required to comply with the Town's adopted site coverage, landscaping requirements. Compliance with the site coverage and landscaping requirements and the review of individual major exterior alteration applications will result in site plan and building designs which are responsive and sensitive to natural features. Town Staff has discussed with the applicant the need to propose amendments to the 15 10/4/2011 6 -6- 15 Lionshead Redevelopment Master Plan to establish adopted view corridors. Additionally, the intent of the applicant is to enhance the recreation opportunities associated with Red Sandstone Creek and Gore Creek through improvements and the proposed establishment of a conservation easement. Staff believes the proposal complies with this criterion. I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The applicant is proposing to remove Development Area D (GLOB) from SDD No. 4, Cascade Village, and therefore this criterion will does not apply. IX. STAFF RECOMMENDATION Special Development District Major Amendment The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with conditions, to the Vail Town Council on a proposed 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, located at 1000 S. Frontage Road West /Lot 54, Glen Lyon Subdivision, and setting forth details in regard thereto. Staff's recommendation is based upon a review of the criteria and findings as outlined in this memorandum and from the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval with condition(s) of this major amendment to a special development district, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval with conditions of the request for a proposed 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, located at 1000 S. Frontage Road West /Lot 54, Glen Lyon Subdivision, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward a recommendation of approval with condition(s) of this major amendment to a special development district, the Community Development Department recommends the Commission make the following findings: "Based upon the review of the criteria outlined in Section VIII of the January 24, 2011 staff memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The proposal to amend Special Development District No. 4, Cascade 16 10/4/2011 6 -6- 16 Village, complies with the nine design criteria outlined in Section 12 -9A -8 of the Vail Town Code; and, 2. The applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided; and, 3. The request is consistent with the development goals and objectives of the Town of Vail Comprehensive Master Plan." Should the Planning and Environmental Commission choose to forward a recommendation of approval of this major amendment to a special development district, the Community Development Department recommends the Commission apply the following conditions: "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." X. ATTACHMENTS A. Vicinity Map B. Draft Ordinance No. X, Series of 2011 17 10/4/2011 6 -6- 17 Ever Vail Major Amendment to SDD No. 4, max -. —�-� 1 ` r ) Cascade Village, to Remove l � Development Area " D Subject Property I a � 4 n R g ; i r tai 1 i� 4-:_i, --/.r � '. `� � 'MY` � � e Y�w o Ever Vail Site V , � - r ry r� , ‘ , ° Development Area "D.. �� ',- 0 .. s'''' . --- (A.K A � Lyon Office Building Y o fs // -, I Aso - ASPSNR ' . / A4 : I f ,0 �W P��d r A/ 1 I i 1 { CP r / 4 Z 4�-" " gds C W . s;w , li LLI G$ F o f f ' d �r t9s. $ �j + ' - te r _ ,. . . ,, , _ m _ .;‘,2 , �1 � � i SDD No. ` y.; r r' r- _ 1� 3 spa. $ Ntiv ; fl- I ° < , om ; , �,,' , 7 ' - ' . y 4 • / , I yv 4 on of`41015 b Y�e To Team. Use ofrhSRF1 94fiw lEbetr9..4. p4goresm1Y TMTwn of ''ri ..nuwarm . .r 1 1 IFeet 1 67471 oa new e r.9o�d�e � 0 250 500 1,000 Last Modified: January 10 2011 ?1NN1 LNG 6 -6 I ORDINANCE NO. X SERIES OF 2011 AN ORDINANCE REPEALING AND RE- ENACTING ORDINANCE NO. 31, SERIES OF 2007, CASCADE VILLAGE, REMOVINF DEVELOPMENT AREA D FROM SDD NO. 4, IN ACCORDANCE WITH SECTION 12- 9A -10, VAIL TOWN CODE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12 -9A -10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, Resolution No. 19, Series of 2008 changed the land use designation for Development Area D to Lionshead Redevelopment Master Plan in the Vail Land Use Plan; and; WHEREAS, Resolution No. 26, Series of 2008 adopted site specific recommendation for Development Area D within the Lionshead Redevelopment Master Plan, and; WHEREAS, the proposed Ever Vail redevelopment incorporates Development Area D into the overall planning and design for the new base area to Vail Mountain; and; WHEREAS, the Planning and Environmental Commission recommended approval of amendments to SDD No. 4, Cascade Village, on January X, 2011; and; WHEREAS, the proposed major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Vail Comprehensive Plan; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning and Environmental Commission held a public hearing on the major amendment application and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, all notices as required by the Vail Town Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to amend and re- establish the Special Development District No. 4, Cascade Village, with Development Area D, becoming a part of proposed parcels include within the Ever Vail redevelopment. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 1 Ordinance No. X, Series of 2011 10/4/2011 6 -6- 19 Section 1. Purpose of the Ordinance Ordinance No. 31, Series of 2007, is hereby repealed and re- enacted by Ordinance No. X, Series of 2011. Section 2. Amendment Procedures Fulfilled, Planning Commission Report. The approval procedures described in Section 12 -9A of the Vail Town Code have been fulfilled, and the Town Council has received the recommendations of the Planning and Environmental Commission for an amendment to the Special Development District No. 4, resulting in the removal of Development Area D. Section 3. Special Development District No. 4 Special Development District No. 4 and the development plans for all sites, hereby remain approved for the development of Special Development District No. 4 within the Town of Vail, unless they have otherwise expired. Section 4. Special Development District No. 4, Cascade Village shall read as follows: Purpose (deletions are shown in ctrikc through /additions are shown in bold) Special Development District No. 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Vail Comprehensive Plan. Special Development District No. 4 is created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission, and because there are significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. 2 Ordinance No. X, Series of 2011 10/4/2011 6 -6 -20 Definitions For the purposes of this chapter, the following definitions shall apply: A. "Special attraction" shall be defined as a museum, seminar or research center or performing arts theater or cultural center. B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit located in a multi - family dwelling that is managed as a short term rental in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The kitchen shall be designed so that it may be locked and separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or balconies without passing through another accommodation unit, dwelling unit, or a transient residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as set forth in Section 13 -7 Condominiums and Condominium Conversions, Subdivision Regulations. The unit shall not be used as a permanent residence. Fractional fee ownership shall not be allowed to be applied to transient dwelling units. For the purposes of determining allowable density per acre, transient residential dwelling units shall be counted as one half of a dwelling unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA with a maximum of 1.0 space per unit. 3 Ordinance No. X, Series of 2011 10/4/2011 6 -6 -21 Established A. Special Development District No. 4 is established for the development on a parcel of land comprising 07.055 96.155 acres and Special Development District No. 4 and the 97.955 96.155 acres may be referred to as "SDD No. 4." B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Development Area Acreage Cascade Village A 17.955 Coldstream Condominiums B 4.000 Glen Lyon Primary /Secondary and Single Family Lots C 9.100 Glcn Lyon Commcrcial Sitc D 1.800 Tract K E 8.322 Dedicated Open Space 32.078 Roads 4.700 TOTAL 07.055 96.155 Development Plan -- Required -- Approval Procedure Each development area with the exception of Development Area& A an-el—ID shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Council. The Waterford and Cornerstone sites shall be allowed one development plan each. Development Ar D shall be allowed to dcvclop per thc approvcd phasing plans a, approvcd by thc Town Council. A development plan for Development Area E shall be established through the review and approval of a design review application and /or conditional use permit application. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply with Section 12 -9A, Vail Town Code. Permitted Uses 4 Ordinance No. X, Series of 2011 1 0/4/2011 6 -6 -22 A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in Section 12 -7B- 3, (Commercial Core 1), Vail Town Code, except for in the CMC building, where office and educational uses shall be permitted on the first floor. The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level; 2. All other floor levels besides first floor street level may include retail, theater, restaurant, educational, and office except that no professional or business office shall be located on street level or first floor, with the exception noted above, unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 925 square feet located on the first floor on the northwest corner of the Plaza Conference Center building; 3. Lodge; 4. Multi- family dwelling; 5. Single Family dwelling; 6. Primary /Secondary dwelling; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section 12 -13 of the Municipal Code; 9. Cascade Club addition of a lap pool or gymnasium. B. Area B, Coldstream Condominiums 1. Two - family dwelling; 2. Multi- family dwelling. C. Area C, Glen Lyon Primary /Secondary and Single - Family Lots 1. Single family dwelling; 5 Ordinance No. X, Series of 2011 10/4/2011 6 -6 -23 2. Two - family dwelling. 3. Type II Employee Housing Unit (EHU) per Chapter 12 -13, of the Municipal Code. D. Aroa D. Glcn Lyon Commcrci3l Sito 1. Bucinc c and profc cional officcs; 2. Employcc dwclling as dcfincd in Scction 12 13 of the Municipal Codc. &D. Area E, Tract K 1. Bicycle and pedestrian paths. 2. Interpretive nature walks. 3. Nature preserves. 4. Passive outdoor recreation areas and open spaces. Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12 -16 of the Town of Vail Zoning Regulations. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Special attraction; 3. Ski lifts; 4. Public Park and recreational facilities; 5. Major arcades with no frontage on any public way, street, walkway or mall 6 Ordinance No. X, Series of 2011 10/4/2011 6 -6 -24 area 6. Transportation Business. 7. Temporary Use of the Tennis Facility for Conferences and Conventions B. Area B, Coldstream Condominiums 1. Public Park and recreational facilities; 2. Ski lifts. C. Area C, Glen Lyon Primary /Secondary and Single - Family Lots 1. Public park and recreational facilities; 2. Ski lifts; D. Aroa D, Glcn Lyon Commcrcial Sitc 1. Micro brcwcry as dcfincd in Town of Vail Municipal codc, Chaptcr 12 2. D. Area E, Tract K 1. Public parks. 2. Public utility and public service uses. 3. Access roads. 4. Ski lifts and tows. 5. Ski trails. 6. Snowmaking facilities. 7. Other uses customarily incidental and accessory to permitted and conditional uses and necessary for the operation thereof, with the 7 Ordinance No. X, Series of 2011 10/4/2011 6 -6 -25 exception of buildings. Accessory Uses A. Area A. Cascade Village 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. B. Area B, Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. C. Area C, Glen Lyon Primary /Secondary and Single - Family Lots 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, 8 Ordinance No. X, Series of 2011 10/4/2011 6 -6 -26 tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Arco D, Glcn Lyon Commcrcial Sit° 1. Homo occupations, cubjcct to ivancc of a homc occupation permit in accordancc with thc provisions of Titic 12, Zoning Rcgulations, Vail Town Codc. 2. Attachcd garagcs or carports, privatc grccnhouccs, swimming pools, tcnnis courts, patios, or othcr rccreational facilitics customarily incidcntal to permittcd rccidcntial uccs. 3. Othcr uccs customarily incidcntal and accc Cory to permittcd or conditional uccs, and nccc C ary for thc operation thcrcof. Minor arcadc. Location of Business Activity A. All offices, businesses, and shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. B. The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 9 Ordinance No. X, Series of 2011 10/4/2011 6 -6 -27 Density -- Dwelling Units, The number of dwelling units shall not exceed the following: A. Area A, Cascade Village In Area A, a minimum of three hundred fifty -two (352) accommodation or transient dwelling units and a maximum of one hundred one (101) dwelling units for a total density of two hundred seventy (270) dwelling units. B. Area B, Coldstream Condominiums Sixty -five (65) dwelling units C. Area C, Glen Lyon Primary /Secondary and Single - Family Lots One - hundred four (104) dwelling units. D. Arco D, Clcn Lyon Commcrcial Sitc Thrcc dwclling units, two of which shall be cmploycc dwclling units as dcfincd within Chaptcr 12 13, Vail Town Codc. Density - -Floor Area A. Area A, Cascade Village The gross residential floor area (GRFA) for all buildings shall not exceed 289,145 square feet. B. Area B, Coldstream Condominiums Sixty -five thousand square feet (65,000 sq. ft.) GRFA. C. Area C, Glen Lyon Primary /Secondary and Single - Family Lots GRFA shall be calculated for each lot per Section 12 -6D -8 (Density Control) for the Primary/Secondary district of the Vail Town Code. 10 Ordinance No. X, Series of 2011 10/4/2011 6 -6 -28 D. Arca D, Clcn Lyon Commcrcial Sitc Thc dcvclopmcnt plan for this arca has cxpircd. Scc Ordinancc No. 8, Scrics of 1998 for prcvious rcquircmcnts. Commercial Square Footage A. Area A, Cascade Village Area A shall not exceed 35,698 square feet of commercial area. B. Arca D, Clcn Lyon Commcrcial Sitc Thc dcvclopmcnt plan for this arca has cxpircd. Scc Ordinancc No. 8, Scrics of 1998 for prcvious rcquircmcnts. Development Statistics for Area A. Cascade Village, and Area D, Glen Lyon Commercial Site CHART 1: Area A Completed Projects Retail/ Square On -Site Cascade Structure Aus DUs GRFA Commercial Foot Parking Parking MILLRACE 1 16 20,000 20 0.00 MILLRACE 11 14 17,534 25 0.00 MILLRACE 1111 3 6,450 7 MILLRACE IV 6 10,450 19 0.00 (COSGRIFF) * ** 11 Ordinance No. X, Series of 2011 10/4/2011 6 -6 -29 Retail/ Square On -Site Cascade Structure Aus DUs GREA Commercial Foot Parking Parking aMM WESTIN 148 55,457 0.00 115 Alfredo =s 104 Seats Cafe 74 Seats Little Shop 1,250 Pepi Sports 2,491 W & H Smith, Vaurnot 900 p INVER& CMC BUILDING Cascade Wing 8 15,870 0.00 16 Clancy =s 1,600 0.00 13.3 Theater 4,220 28 College Classrooms 0.00 40 College Office 0.00 4 Theater /Meeting Room 2J 1,387 0.00 11.5 TERRACE WING Rooms 120 58,069 0.00 05 Retail 5,856 0.00 20 PLAZA 1 12 Ordinance No. X, Series of 2011 10/4/2011 6 -6 -30 Rooms 20 7,205 0.00 16 Retail 1,099 0.00 4 —M r PLAZA II Conference 0.00 35 Retail 925 0.00 3 A 1111 Jil CASCADE CLUB Retail 300 0.00 1 Bar & Restaurant 252 0.00 3.5 Office in CMC 828 0.00 3 Wellness Center 1,386 0.00 7 Office in Club 420 0.00 1.4 LIFTSIDE (WATERFORD) Units 27 56 Employee Units 2 1,100 2 TOTALS 27 47,500 58 Cascade Club Addition Wellness Center 4,500 Plaza Office ** 925 .7 13 Ordinance No. X, Series of 2011 10/4/2011 6 -6 -31 TOTALS 288 AU 76 DU 239,680 24,598 129 449.9 (includes 2 EHUS) "Plaza space has already been counted for a retail parking requirement. The new parking requirement is based on the difference between the retail and office parking requirements. *""For the purposes of calculating GRFA for the Cosgriff parcel (Millrace IV), no credits shall be given except for 300 s.f. to be allowed for each enclosed parking space. CHART 2: AREA A REQUIRED PARKING Parking for Completed Projects per Chart 1 Parking Spaces in 461.9 Cascade Parking Structure Less 17.5% Mixed -Use Credit -80.8 Total Required Parking at Build -Out of Area A in Cascade Structure 381.1 Existing Parking in Cascade Structure 421.0 Required Parking in Cascade Structure at Build -Out of Area A With 17.5% mixed -use credit 381.1 Development Plans 14 Ordinance No. X, Series of 2011 10/4/2011 6 -6 -32 Site specific development plans are approved for Area A and Area D. The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and other developers. The development plans for Area D are comprised of those plans submitted by the Glen Lyon Office Building, a Colorado Partnership. The following documents comprise the development plan for the SDD as a whole, Waterford, Cornerstone, Cascade Club Addition Scenario 1 and 2, Millrace IV, and Area D -Glen Lyon Commercial Site and is not all inclusive: 1. Waterford, Sheet #L -2, dated 11- 12 -92, Landscape Plan, Dennis Anderson. 2. Waterford, Sheet #1.1, dated 11- 13 -92, Site /Grading Plan Gwathmey, Pratt, Schultz. 3. Waterford, Sheet #2.1, dated 11- 13 -92, Plan Level 38/43' 3 ", Gwathmey, Pratt, Schultz. 4. Waterford, Sheet #2.2, dated 11- 13 -92, Plan Level 48' -6 "153' -0 ", Gwathmey, Pratt, Schultz. 5. Waterford, Sheet #2.3, dated 11 -13 -92 Plan Level 59'- 0:/64' -3" by Gwathmey, Pratt, Schultz. 6. Waterford, Sheet #2.4, dated 11 -4 -92, Plan Level 69'- 6 "/74' -9 ", Gwathmey, Pratt, Schultz. 7. Waterford, Sheet #2.5, dated 11- 13 -92, Plan Level 80'- 0 "/85' -3" Gwathmey, Pratt, Schultz. 8. Waterford, Sheet #2.6, dated 11- 13 -92, Plan Level 90' -6" Gwathmey, Pratt, Schultz. 9. Waterford, Sheet #2.7, dated 11- 13 -92, Plan Level 101' -0" Gwathmey, Pratt, Schultz. 10. Waterford, Sheet #2.8, dated 11- 13 -92, Plan Level 111' -6" Gwathmey, Pratt, Schultz. 11. Waterford, Sheet #2.9, dated 11- 13 -92, Plan Level 122' -0" Gwathmey, Pratt, Schultz. 12. Waterford, Sheet #2.10, dated 12- 14 -92, Roof Plan All Levels Gwathmey, Pratt, Schultz. 15 Ordinance No. X, Series of 2011 10/4/2011 6 -6 -33 13. Waterford, Sheet #3.1, dated 11- 13 -92, Elevations Gwathmey, Pratt, Schultz. 14. Waterford, Sheet #3.2, dated 11- 13 -92, Elevations, Gwathmey, Pratt, Schultz. 15. Waterford, Sheet #4.1, dated 11 -4 -92, Sections Gwathmey, Pratt, Schultz. 16. Waterford, Sheet #4.2, dated 11 -4 -92, Sections, Gwathmey, Pratt, Schultz. 17. Waterford, Sheet #4.3, dated 11 -4 -92, Sections, Gwathmey, Pratt, Schultz. 18. Waterford, Sheet #9.1, dated 10- 20 -92, Unit Plans Gwathmey, Pratt, Schultz. 19. Waterford, Sheet #9.2, dated 10- 20 -92, Unit Plans, Gwathmey, Pratt, Schultz. 20. Waterford, Sheet #9.3, dated 10- 20 -92, Unit Plans Gwathmey, Pratt, Schultz. 21. Waterford, Sheet #9.4, dated 10- 20 -92, Unit Plans, Gwathmey, Pratt, Schultz. 22. Waterford, Sheet #9.5, dated 10- 20 -92, Unit Plans Gwathmey, Pratt, Schultz. 23. Cascade Club Addition Site Plan, Roma, 10/10/88. 24. Cascade Club Floor Plan, Roma, 10/10/88. 25. Millrace III, Sheet #1, dated 5/6/93, Site Plan, Steven James Riden. 26. Millrace III, Sheet #2, dated 4/13/93, Floor Plans for Single Family Residence, Steven James Riden. 27. Millrace III, Sheet #3, dated 5/6/93, Elevations for Single Family Residence, Steven James Riden. 28. Millrace III, Sheets #4 and #5, dated 3/20/93, Floor Plans for Duplex Building, Steven James Riden. 29. Millrace III, Sheets #6 and #7, dated 5/6/93, Elevations for Duplex Building, Steven James Riden. 30. Millrace III, Sheet L1, dated 5/6/93, Site /Landscape Plan, Steven James Riden. 31. Millrace IV, Scenario I, a /k /a Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt, 10/28/91. 32. Millrace IV, Scenario I, a /k /a Cosgriff Parcel, Elevations Arnold Gwathmey Pratt, 10/22/91. 33. Millrace IV, Scenario I, a /k /a Cosgriff Parcel, Floor Plans Arnold Gwathmey Pratt, 10/23/91. 34. Millrace IV, Scenario I, a /k /a Cosgriff Parcel, Landscape Plan, Dennis Anderson Associates. 16 Ordinance No. X, Series of 2011 10/4/2011 6 -6 -34 35. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10/31/91 stamped. 36. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner, 6/8/87. 37. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88. 38. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., revised 11/22/88. 39. Topographic Map, Inter - Mountain Engineering, Ltd, 12/1/94 40. Improvement Location Certificate, Eagle Valley Surveying, Inc., 3/2/92 41. The Approved Development Plan for Area A, Westhaven Condominiums, containing the following Sheets: Dwg. # Title Author Date A -1.0 Title Sheet Morter Architects 03 -15 -05 A -1.1 Vicinity Map Morter Architects 01 -31 -05 A -1.2 GRFA Summary Morter Architects 03 -15 -05 A -1.3 Spring Equinox Sun Shading Morter Architects 01 -31 -05 A -1.4 Summer Solstice Sun Shading Morter Architects 01 -31 -05 A -1.5 Fall Equinox Sun Shading Morter Architects 01 -31 -05 A -1.6 Winter Solstice Sun Shading Morter Architects 01 -31 -05 A -1.7 Site Plan Morter Architects 03 -15 -05 C001 Cover Sheet Alpine Engineering 03 -14 -05 C002 Grading Plan (West Half) Alpine Engineering 03 -14 -05 C003 Grading Plan (East Half) Alpine Engineering 03 -14 -05 C004 Storm Drainage Plan Alpine Engineering 03 -14 -05 C005 Grading and Drainage Details Alpine Engineering 03 -14 -05 C006 Utility Plan Alpine Engineering 03 -14 -05 C007 Utility Details Alpine Engineering 03 -14 -05 C008 Demolition Plan Alpine Engineering 03 -14 -05 L -1 Landscape Plan Dennis Anderson Assoc. 03 -15 -05 L -2 Landscape Plan Cascade Club Dennis Anderson Assoc. 03 -15 -05 17 Ordinance No. X, Series of 2011 10/4/2011 6 -6 -35 A2.0 Parking Level Plan Morter Architects 03 -15 -05 A2.1 First Floor Plan Morter Architects 03 -15 -05 A2.2 Second Level Plan Morter Architects 03 -15 -05 A2.3 Third Level Plan Morter Architects 03 -15 -05 A2.4 Fourth Level Plan Morter Architects 03 -15 -05 A2.5 Roof Plan Morter Architects 03 -15 -05 A3.1 Building A Elevations Morter Architects 03 -15 -05 A3.2 Building B Elevations Morter Architects 03 -15 -05 A4.0 Building Sections Morter Architects 02 -14 -05 A4.1 Building Sections Morter Architects 02 -14 -05 A4.2 Building Sections Morter Architects 02 -14 -05 42. Approved Development Plan for Area A, Cascade Residences, containing the following sheets, Dwg. # Title Author Date A -2.20 Second Floor Plan RKD Architects 01 -28 -07 A -2.30 Third Floor Plan RKD Architects 01 -28 -07 A -2.40 Fourth Floor Plan RKD Architects 01 -28 -07 A -2.50 Fifth Floor Plan RKD Architects 01 -28 -07 A -3.10 East and 1 orth Building Elevations RKD Architects 01 -28 -07 A -3.20 West and South Building Elevations RKD Architects 01 -28 -07 * A maximum of 1000 sq. ft. of common area, in addition to the approved plans, may be added to the Waterford project to allow for compliance with the Uniform Building Code, Uniform Fire Code and American Disabilities Act. The staff shall review all such additions to ensure that they are required by such codes. Area C, Glen Lyon Primary /Secondary and Single Family Lots 1. Building Envelopes for Lots 39 -1 and 39 -2 per sheet, L -1, prepared by Design 18 Ordinance No. X, Series of 2011 10/4/2011 6 -6 -36 Workshop, Inc., dated 11 -9 -98. /fir a D, Glen Lyon Commercial Site The development plan for this arca has cxpircd. Scc Ordinance No. 8, Scrics of 1998 for previous requirements. Development Standards The development standards set out herein are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SDD No. 4. They are minimum development standards and shall apply unless more restrictive standards are incorporated in the approved development plan which is adopted by the Town Council. Setbacks A. Area A, Cascade Village Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property (Area A) of not less than twenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking structure /athletic club building shall be two feet as approved on February 8, 1982, by the Planning and Environmental Commission, and with the exception that the setback requirement of a portion of the Westhaven Condominiums building, as indicated on the approved development plans referenced in this ordinance, shall be 14 feet. All buildings shall maintain a 50 foot stream setback from Gore Creek. The Waterford building shall maintain a minimum 20 foot setback from the north edge of the recreational path along Gore Creek. B. Area B, Coldstream Condominiums Required setbacks shall be as indicated on the development plan. C. Area C, Glen Lyon Primary/Secondary and Single - Family Lots Required setbacks shall be governed by Section 12 -6D -7 of the Primary /Secondary zone district of the Vail Town Code. For single - family Lots 39 -1 and 19 Ordinance No. X, Series of 2011 10/4/2011 6 -6 -37 39 -2, development shall occur per the approved building envelopes and is subject to the following: All future development will be restricted to the area within the building envelopes. The only development permitted outside the building envelopes shall be landscaping, driveways (access bridge) and retaining walls associated with driveway construction. At -grade patios (those within 5' of existing or finished grade) will be permitted to project beyond the building envelopes not more than ten feet (10') nor more than one -half (2) the distance between the building envelope and the property line, or may project not more than five feet (5') nor more than one - fourth (3) the minimum required dimension between buildings. D. Ar a D. Glen Lyon Commercial Site Required setbacks shall be as indicated on the approved development plans. Height A. For the purposes of SDD No. 4 calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of a sloping roof unless otherwise specified in approved development plan drawings. B. Area A, Cascade Village 1. The maximum height for the Westin Hotel, CMC Learning Center, Terrace Wing, Plaza Conference Building and Cascade Parking Structure /Athletic Club is 71 feet. 2. Cornerstone Building: Maximum height of 71 feet. 3. Waterford Building: Maximum height of feet as measured from finished grade to any portion of the roof along the north elevation shall be 55' (South Frontage Road), 56' along the west elevation Westhaven Drive, and 65 feet along the south and east elevation as measured from finished grade. 4. Westhaven Building: A maximum of 55 feet. 5. Millrace III: A maximum of 36 feet. 20 Ordinance No. X, Series of 2011 10/4/2011 6 -6 -38 6. Millrace IV: A maximum of 36 feet. 7. Cascade Club Addition: A maximum of 26 feet. 8. Cascade Entry Tower: A maximum of 36 feet. 9. The remainder of buildings in Area A shall have a maximum height of 48 feet. C. Area B. Coldstream Condominiums The maximum height shall be 48 feet. D. Area C. Glen Lyon Primary /Secondary and Single - Family Lots The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or mansard roof. E. Arc D. Glcn Lyon Commcrcial Sit° °. _ - - _ _ _ _ . _ - - _ bctwccp 32 a 40 fcct. 49% of thc roof ar shall havc a hcight undcr 32 fcct. On thc perimctcr of thc building for Ara D, -- -- - - - - -- -- -- allowanccs for Ara D. Site Coverage Area A: Not more than 45% of the total site area may be covered by buildings unless otherwise indicated on the site specific development plans. Area B: No more than 35% of the total site area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or educational center, 45% of the area may be covered unless otherwise indicated on the site specific development plans. Area C: No more than 25% of the total site area shall be covered by buildings, unless the more restrictive standards of Chapter 12 -21 of the Vail Municipal Code apply. Arc\a D: No morc than 37% of thc total citc ar a shall be covcrcd by buildings and thc parking ctructurc. 21 Ordinance No. X, Series of 2011 10/4/2011 6 -6 -39 Landscaping At least the following percentages of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate. Areas A and B, fifty percent (50 %), and in Areas C and D, sixty percent (60 %), of the area shall be landscaped unless otherwise indicated on the site specific development plans. Parking and Loading A. Area A, Cascade Village 1. Off - street parking shall be provided in accordance with Chapter 12 -10, Vail Town Code, except that 75% of the required parking in Area A shall be located within a parking structure or buildings with the exception of Millrace IV, Scenario I, where 66.6% and the Westhaven Condominiums, where 71 % of required parking shall be enclosed in a building. 2. There shall be a total of 421 spaces in the main Cascade Club parking structure. A 17.5 percent mixed -use credit per the Town of Vail parking code, has been applied to the total number of required parking spaces in the Cascade structure. 3. There shall be a total of 58 on -site parking spaces on the Waterford building site with a minimum of 75% of the required space located below grade. No mixed use credit shall be applied to this site. 4. There shall be a minimum of 93 enclosed parking spaces located within the Cornerstone building with 37 of the required spaces available to the public for short -term parking. No mixed use credit has been applied to this lot. 5. The third floor of the Cascade parking structure shall not be used to meet any parking requirements for accommodation units, transient residential dwelling units, employee dwelling units or dwelling units. 6. Phasing: All required parking for Cornerstone and Waterford shall be located on their respective sites. All required parking for the Cascade Club Wellness Center Addition Scenario 1 shall be provided in the Cascade parking 22 Ordinance No. X, Series of 2011 10/4/2011 6 -6 -40 structure. 7. Seventy -five percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm for Millrace III. 8. All loading and delivery shall be located within buildings or as approved in the development plan. B. Area B. Coldstream Condominiums Fifty percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm. C. Area C, Glen Lyon Primary /Secondary and Single - Family Lots Off - street parking shall be provided in accordance with Chapter 12 -10 of the Municipal Code. D. Arco D, Glcn Lyon Commcrcial Sit° 1. Oncc thc parking ctructurc is conctructcd, thc parking and accccc to ■ - -- -- - - -- -- -- ■- - .. Analysis Updatc, datcd January 16, 1000, both writtcn by Mr. David Lcoahy. 2. No loading or dclivcry of goods chall bc allowcd on thc public right of way 3. The owncr of thc property and brcwcry managcmcnt chall prohibit truck loading that chall bc allowcd to thc citc chall bc vans having a maximum acngth of 22 fcct. Recreation Amenities Tax Assessed The recreational amenities tax due for the development within SDD No. 4 under Chapter 23 Ordinance No. X, Series of 2011 10/4/2011 6 -6 -41 3.20 shall be assessed at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and at a ratc not to cxcccd ccvcnty fivc ccnts per cquarc foot - - - . - _ _ • - - - - and shall be paid in conjunction with each construction phase prior to the issuance of building permits. Conservation and Pollution Controls A. The developer's drainage plan shall include a provision for prevention of pollution from surface runoff. B. The developer shall include in the building construction, energy and water conservation controls as general technology exists at the time of construction. C. The number of fireplaces permitted shall be as set forth in the Town of Vail Municipal as amended. D. If fireplaces are provided within the development, they must be heat efficient through the use of glass enclosures and heat circulating devices as technology exists at the time of development. E. All water features within Development Area A shall have overflow storm drains per the recommendation of the Environmental Impact Report by Jamar Associates on Page 34. F. All parking structures shall have pollution control devices to prevent oil and dirt from draining into Gore Creek. G. In Arta D, a manholc on the brcwcry ccrvicc linc shall be providcd so that the . - -.. _ 1=1,G. In Area D, the brewery management shall not operate the brewery process during temperature inversions. It shall be the brewery owner's responsibility to monitor inversions. 4H. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. 4.I. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A an 24 Ordinance No. X, Series of 2011 10/4/2011 6 -6 -42 K. The two cmploycc dwclling units in Arta D shall only be allowcd to havc gao fircplaccs that mcct the Town of Vail ordinanccs govcrning fircplaccs. Additional Amenities and Approval Agreements for Special Development District No. 4. A. The developer shall provide or work with the Town to provide adequate private transportation services to the owners and guests so as to transport them from the development to the Village Core area and Lionshead area as outlined in the approved development plan. B. Area A, Cascade Village 1. The developer of the Westhaven Condominiums building shall construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect with the recreational path to Donovan Park, as indicated on the approved development plans referenced in this ordinance. The walk shall be constructed when a building permit is requested for the Westhaven Condominiums. The sidewalk shall be part of the building permit plans. The sidewalk shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the Westhaven Condominiums. 2. The developer shall provide 100 -year floodplain information for the area adjacent to the Waterford and Cornerstone buildings to the Town of Vail Community Development Department before building permits are released for either project. 3. Cornerstone The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. C. Aroa D, Glcn Lyon Commcrcial Sitc. 25 Ordinance No. X, Series of 2011 10/4/2011 6 -6 -43 The development plan for this ar a has cxpircd. Scc Ordinance No. 8, Scrics of 1908 for previous requirements. Employee Housing The development of SDD No. 4 will have impacts on available employee housing within the Upper Eagle Valley area. In order to help meet this additional employee housing need, the developer(s) of Area A an-d-1; shall provide employee housing. In Arcaa D, - - - - -. - - -- - -- - - - - - - - -- - - - - - - -. For the Westhaven Condominiums site, the employee housing requirement shall be met as set forth in Condition 3 herein. The developer(s) of Area A shall build a minimum of 3 employee dwelling units within the Cornerstone Building and 2 within the Liftside (Waterford Building). Each employee unit in the Cornerstone Building shall have a minimum square footage of 600 square feet. There shall be a total of 2 employee dwelling units in the Waterford Building. One shall be a minimum of 300 square feet and the other a minimum of 800 square feet. The developer of the Westhaven Condominiums building shall provide 4,400 square feet of employee housing pursuant to the terms of an agreement reached with the Town of Vail as described in Condition 3. Thc developer of Ara D shall build 2 cmploycc dwclling units in thc Arta D cast unit shall have a minimum GRFA of 705 cquarc fcct and thc second cmploycc dwclling unit shall have a minimum GRFA of 000 cquarc fcct. The GRFA and number of employee units shall not be counted toward allowable density or GRFA for SDD No. 4. All Employee Housing Units shall be deed restricted per Chapter 12.13, as amended, of the Vail Town Code prior to issuance of building permits for the respective project. In Area C, Lots 39 -1 and 39 -2, shall be required to provide a Type II, Employee Housing Unit (EHU) per Chapter 12 -13 of the Zoning Regulations of at least 500 sq. ft. each, on each lot. These lots shall not be entitled to the 500 sq. ft. of additional GRFA. The 500 sq. ft. shall be included in the allowable GRFA on these lots. Each lot shall also be 26 Ordinance No. X, Series of 2011 10/4/2011 6 -6 -44 entitled to 300 sq. ft. of garage area credit for the employee housing unit, in addition to the 600 sq. ft. garage area credit allowed per residence. The driveway width of 12 is allowed to remain (no increase in driveway width is required) for all allowed /required dwelling units and employee housing units on these lots. Time Requirements SDD No. 4 shall be governed by the procedures outlined in Section 12 -9A of the Town of Vail Municipal Code, unless such time requirement is amended herein. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore 27 Ordinance No. X, Series of 2011 10/4/2011 6 -6 -45 repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this X day of January, 2011, and a public hearing for second reading of this Ordinance set for the X day of February, 2011, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk 28 Ordinance No. X, Series of 2011 10/4/2011 6 -6 -46 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 Page 1 10/4/2D11 6 -7 -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 10/4/2011 6 -7 -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 WWNOFVE 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. Pagqe 3 10/4/2011 6 -7 -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 10/4/2 6 -7 -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 Page 5 10/4/2T011 6 -7 -5 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. Page 6 10/4/2 6 -7 -6 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 Page 7 10/4/2011 6 -7 -7 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. Page 8 10/4/2011 6 -7 -8 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 Page 9 10/4/2011 6 -7 -9 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. Page 10 10/4/2011 6 -7- 10 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. Page 11 10/4/2011 6-7-11 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. Page 12 10/4/2011 6 -7- 12 4 i 111111 .'" # tk s o OBS :C.:0°*.' N , V. .-<:-., • t S." O * c - TRANSIT CENfER S . .: , ENIRANCt .. • 1 * s PROPOSED fRONTA E O I - , r ROAD BRIDGE �_ _ Z/ • . \ CLIMBING WAIL TOWER • S \ � P 44 .CI 0) ♦ • f l JJ�� OTFI. LAZA .• PEDESTRIAN BRIDGE —. p .A i:` f -. - -.- .:**:14`- e r J J 'h' • .>J T _ __ 1 " \ i ■ - IF ip. Town Council October 4, 201 1 IVA . Today Master Plan Amendments ,! Major Subdivision f' Zoning SDD Amendment 2 Master Plan Amendments LIONSHEAD REDEVELOPMENT MASTER PLAN • Resolution No. 6 Series of 201 I Submitted to the Vail Town Council December 15, 1998 Updated January 20, 2006 Updated February 6, 2007 3 Master Plan Amendments: Criteria for Review (A) How have conditions changed since the plan was adopted? (B) How is the plan in error? (C) How would an addition, deletion, or change to the plan be in concert with the plan in general? 4 Major Subdivision • Establishes property boundaries and rights- of -way • Allows for property to be transferred (i.e. Frontage Rd.) • Provides utility easements • Creates 2 lots, treated as 1 site for zoning purposes 5 r a,,,_ 4 s ;it i 4 Ni " - ikk V' . , • - ... t • 0. i 4 • , �a v. ik . .. n a �- .. , r • ; ♦ 1 i 4 ' ie . 4 - . � � RI T ! ...e• V . lil * tsiOt ` : W E`gERAiA A tLL .A: G'O E ' I uI . 1 ' • -- ,. . ' c - , , 44 01V -- o .-- 1 T ... -.0 • 111 Cg. • ( .■ -r. 'aO -e ,. Q - n ,,.. �► . ' i GORE CREE ' • t •• N �. • if Al ' � ` i fil; '• ate a • .. .4, • 4 111 • 4. I it - .* - - . ti ' .....•4i ...(,. \ .'"X '. • O. . PRA1.1.111N In) MAN _ . EVER VAIL .....-- A Rls'SUBD111.510N 01' SOUTH FRosrALl: ROAD sl•DDIrlsiON. - Lor .54. CLEN LYON st•DDIVISION AND A Pony los OF TIFF SW ..------ . — -...-,:, • _7.-.-,_st.... 1 r4 OF 5Rc nay 6. A PART or THE Nit' ' OF sFeriox 7. - TowN51111 5 souril, RANCE 80 WEST OF 711E 6711 P.M. AND A / ,,-- _ -' ""=--- PORTION OF TIFF NE 1 .; OF sEelloN 12. rowNsDIP 5 sourit / —..---- RANGE 81 WEST. OF THE 6711 P11 TOW N OF IA //.. (0(1NTY _ - - ....... ---- - - _ - . „..." .--- c . OF EAGLE, STATE OF COLOR ........ ... ADO / — ••• • - s ,.• . 1 „,.----- .■ - 1122. ' VAL Wa ( . 0 on !ss . v... „, -----.- . • I ' ../ - sl -- -2,-.2 : -'' „*, IP' ° • a/ ' 4217 120.11114/2 c -- - ... ,„,,. .... - , .--e---- #Or's I / . .. _ _ . ; ; .. . , ; , . .... ..... ; ..... , ._. ...... 1 , . mu '•1 .,,..' .' ,.' ^A . . —.— -. , ...... ..,../"... , / _ — — - --i• - ".-f• '; ' a -4! :' - — - . —LJ 1.:11.. . tt. ... ___ _ . m. ■L I ms - -:. r 7.' ___ ma..a -, '.',..."-'• /.- / , / cor 3 ...cm . / .. - M s • .. • .Fr c• . rat., . ra.%. ...as Ts . alli . • s• -... , . .. . e ' / *-7- Ez9 --?; • .-- ______.,,, / - 'c -- -- -- "X•21.1:2V:-.V:111 _- sr- ....-- — w•,...........--....-... ..- - \--- -- MR Malt POOL - ...,... • ''' '''''' •__ ...,., — c : '' .. ' .. .0' \ A \ __ - . • •As.c1:1 2 ----- • ...-- ..._ - . sis.001.- \ S .". e ..i t \-- '------- . , s s•ss \ ..,- • • i 6 .? ."- '• ......- ' ' \ ; !VIVA .., .110.11, 'CALL _ . • .. -.......... . T.,: • , .elorims"m■ . _ _ - ME e. ..4-• . .... : .".•.: 7 7.:" . . ' 1 I moms witAir OLJIAP I . . _ ._ ... _ . _ _ 1...1. U.4.• I awil . 41 • . . r . ..- • . - • : .... tkik1/4 . • 40 ., • ile '460..._.,,'; ,....„ , . g. , st ...• .; . • s' ,... .,...i. . ' . . . = ' 7 -4 1 k II * • .. . ,. ' ...;.41r. - • • !P ..• -- ...likepAttellailt. 1/ . . 4 ` 4,, ta4KACii_ - .• . • - •... r e • . .,. -- • - . , 1 .4- • - - Major Subdivision: Criteria for Review (A) The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town (B) The extent to which the proposed subdivision complies with all of the standards of this title, as well as, but not limited to, title 12, "Zoning Regulations ", of this code, and other pertinent regulations that the planning and environmental commission deems applicable (C)The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives 7 Major Subdivision: Criteria for Review (D) The extent of the effects on the future development of the surrounding area (E) The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development (F) The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines 8 Major Subdivision: Criteria for Review (G) The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole (H) The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features (I) Such other factors and criteria as the commission and/ or council deem applicable to the proposed subdivision. 9 Rezoning • Rezone the area west of Red Sandstone Creek from ABD to LMU -2 • Rezone the GLOB site from SDD #4 to LMU -2 • Zone the areas of the Frontage Road that are currently unzoned to LMU -2 • Brings remainder of property into compliance with the Vail Land Use plan 10 Existing Zoning I, . -, : _. ., - . pr., , 77,,.: 4-4.1,.... • -*-- ' .0 . - im . . ...,,, • , g . , ,..1. - 7; '4 i • 11 / . .' i . . . • . • •, * 4•1r 4 ' . .. . 0 . .. , , --...- .,,,„ „r_ . , • 4 ,, !lik " ,,. , . ' .., t . , . . . .. .. _. ,.... ....: . . , . • ..... , ../ ' . • i! „AV.,. / r.1 - '.... ..---g A . . . ,..- , A t • 4 , ‘. - . ...- / ••• • ' 1 .rrik, #11 IC%- ' ' . . . 1 . ..i * • 4 • # elf . e '' I / , . tik ' -- 't ft • . :f4 ; . .. :c t , , , r " , , • . -...,. / 41 ,. 4 1 ,... , , .2e- — f . - tfid • ..- r ■ PI.,•- , . s / , vt 4100041trItk . '4, ...*--. 1 ... fr. _- Z 1 • ..-- __-- -- . . .F .......-- ". e • -4.s. ..-- _— - v..... . .. . .... . - , , ... . . . .. , . SDD #4 ABD . . 1 1 Proposed Zon ., --,---• 'I p:,. .,,,,....„-- .. - . .. .., ••c, , ...,...„,„.•,• ,..-• ,.,.,-„...• ,........:.., 1 7E% , A )1 _ " . 1.: . .;"‘' I '' 4 ' • . ' iNfr t: Ni 4.. -. .i. f _-_ • _-- .. , \%•%, lir- - '. . rN • : , '1 :1*, .. . 4 t . , ‘ _0 e , ' 1 , ," - . '. - , -''' - , -. 1 t • " .: ... • • ' - 1. 1 ..." . f .. SIX .. ...., 4 _ ... ...,...,....„ ...,,,....„ ,, .. ..:_ :..„.... 4 -1 Af - --. ,l; ''''' ve :+111%- -N, 410 ..■ ICI_ 4 : : " -:, : . :,., : ' , : .., : -111 .0, - ('7 - , 4 . 4 . .4., f , Ai..4 0:-... i j o g ic ",-. , • ' , '.; • ..: 1 . ,... . 1 l Rezoning: Criteria for Review (A) The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town (B) The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents Rezoning: Criteria for Review (C) The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives (D) The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole 14 Rezoning: Criteria for Review (E) The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features (F) The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district 15 Rezoning: Criteria for Review (G) The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate (H) Such other factors and criteria as the commission and /or council deem applicable to the proposed rezoning. 16 SDD A mendment L .F.-= : _,,,_- ----.-- - - , _ _ // /. , _..„:.. , _ „,,,,,„: ,.....7- - • To remove the Glen �. Lyon Office Building - SDD#4 from Special 1A1 Development District #4. Cascade Villa e • and rezone to LM U -2 i ,;:ir A SDD Amendment: Criteria for Review (A) Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. (B) Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. (C) Compliance with parking and loading requirements as outlined in Chapter 12 -10 of the Vail Town Code. 18 SDD Amendment: Criteria for Review (D) Conformity with the applicable elements of theVail Comprehensive PIan,Town policies and Urban Design Plan. (E) Identification and mitigation of natural and /or geologic hazards that affect the property on which the special development district is proposed. (F) Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. 19 SDD Amendment: Criteria for Review (G) A circulation system designed for both vehicles and pedestrians addressing on and off -site traffic circulation. (H) Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. (1) Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. 20 All plans and programming are proposed, remain subject to governmental approvals (which have not yet been obtained) and no representations are made about the accuracy of any information for the final project. Any reference to size or square footage is approximate. Views are not guaranteed. All information presented in this notebook is proposed and all elements are subject to change or elimination without notice. The project is working towards LEED -ND certification and no representations are made regarding the final certification which will not be determined until the project is complete. The EverVaiITM project is being developed by Ever Vail, LLC an affiliate of Vail Resorts Development Company. Designated trademarks are the property of Vail Trademarks, Inc.() 2010Vail Resorts Development Company. 21 TOM OF 1/All..' VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 4, 2011 ITEM /TOPIC: An appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval of a major exterior alteration, pursuant to Section 12 -7B -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of GRFA (Rucksack Building), located at 288 Bridge Street, Unit R -2/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110045); and an appeal , pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval of a major exterior alteration, pursuant to Section 12 -7B -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions of enclosed floor area; a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 14 -17, Setback from Watercourse, Vail Town Code, to allow for encroachments into the Mill Creek setback and a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 7B -15, Site Coverage, Vail Town Code, to allow for additions of enclosed floor area in excess of allowable site coverage, located at 288 Bridge Street, Unit R -1 (Rucksack Building)/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110046, PEC110050) Applicant: Margo Mullally and Bill Gardiner, represented by Victor Mark Donaldson Architects Appellant: Bridge Street Building, LLC Planner: Rachel Dimond PRESENTER(S): Rachel Dimond ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council grant a continuance of the appeal to the October 18, 2011 hearing, to allow parties additional time to obtain information. ATTACHMENTS: Mullally Gardiner Appeal Memo Mullally Gardiner Appeal Attach A 10/4/2011 TOWN OF D Memorandum To: Vail Town Council From: Community Development Department Date: October 4, 2011 Subject: An appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval of a major exterior alteration, pursuant to Section 12 -7B -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of GRFA (Rucksack Building), located at 288 Bridge Street, Unit R -2/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110045); and an appeal , pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval of a major exterior alteration, pursuant to Section 12 -7B -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions of enclosed floor area; a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 14 -17, Setback from Watercourse, Vail Town Code, to allow for encroachments into the Mill Creek setback and a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 7B -15, Site Coverage, Vail Town Code, to allow for additions of enclosed floor area in excess of allowable site coverage, located at 288 Bridge Street, Unit R -1 (Rucksack Building)/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110046, PEC110050) Applicant: Margo Mullally and Bill Gardiner, represented by Victor Mark Donaldson Architects Appellant: Bridge Street Building, LLC Planner: Rachel Dimond SUBJECT OF THE APPEAL The appellant, Bridge Street Building, LLC, represented by Jeff Selby, is appealing the approvals listed above, as detailed in the appeal form in Attachment A. II. STANDING OF THE APPELLANT Staff finds the appellant, as a joint property owner of the development site, has standing as an aggrieved or adversely affected person. "'Aggrieved or adversely affected person' means any person who will suffer an adverse effect to an interest protected or furthered by this title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons." 10/4/2011 7 -1 -1 III. STAFF RECOMMENDATION Staff requests the Vail Town Council grant a continuance of this appeal to the October 18, 2011 hearing, to allow parties additional time to obtain information. VI. ATTACHMENTS A. Appeal form and supporting documents Town of Vail Page 2 10/4/2011 7 -1 -2 Amended Appeals Form Department of Community Development TOWN OF VAIL L* 75 South Frontage Road., Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www.vailgov.com General Information: This form is required for filing an appeal of a Staff, Design Review Board, or Planning and Environmental Commission action /decision. A complete form and associated requirements must be submitted to the Community Development Department within twenty (20) calendar days of the disputed action /decision. Action /Decision being appealed: Planning and Environmental Commission's Approval of proposed expansion of Units R -1 and R -2 in the Bridge Street Building, 288 Bridge Street, Vail, Colorado onto separate property owned by Bridge Street Building, LLC located at 288 Bridge Street without consent of the owner of the adjoining property. PEC110045; PEC110050 Date of Action /Decision: August 22, 2011 Board or Staff person rendering action /decision: Planning and Environmental Commission Does this appeal involve a specific parcel of land? yes If yes, are you an adjacent property owner? yes Name of Appellant(s): Bridge Street Building, LLC (Jeff Selby, Manager) Mailing Address: c/o Randall M. Livingston, Bailey & Peterson, P.C. 1660 Lincoln Street, Suite 3175, Denver, Colorado 80264 Phone: (303) 837 -1660 Physical Address in Vail: 288 Bridge Street, Vail, Colorado 81657 Legal Description of Appellant(s) Property in Vail: ots: C & D Block:5A Subdivision: Vail Village First Filing �. Appellants) Signature(s): (Attach a list of signatures if ore space is required). Submittal Requirements: 1. On a separate sheet or separate sheets of paper, provide a detailed explanation of how you are an "aggrieved or adversely affected person ". 2. On a separate sheet or separate sheets of paper, specify the precise nature of the appeal. Please cite specific code sections having relevance to the action being appealed. 3. Provide a list of names and addresses (both mailing and physical addresses in Vail) of all owners of property who are the subject of the appeal and all adjacent property owners (including owners whose properties are separated from the subject property by a right -of -way, stream, or other intervening barrier). 4. Provide stamped, addressed envelopes for each property owner listed in (3.). PLEASE SUBMIT THIS FORM AND ALL SUBMITTAL REQUIREMENTS TO: TOWN OF VAIL, DEPARTMENT OF COMMUNITY DEVELOPMENT, 75 SOUTH FRONTAGE ROAD, VAIL, COLORADO 81657. For Office Use Only: Date Received: Activity No.: Planner: Project No. 10/4/2011 7 -2 -1 APPEAL OF 08/22/2011 PEC APPROVAL OF APPLICATIONS BY UNITS R-1 AND R-2 Statement of Aggrieved or Adversely Affected Person The PEC's action approved an application for the expansion of condominium Units R-1 and R-2, located at the Rucksack Condominium Building, 288 Bridge Street, Vail, Colorado onto adjoining property known as the Scott (Burton) Building and owned by Bridge Street Building, LLC. The PEC's action approves nonconsensual use of Bridge Street Building, LLC's property, making the limited liability company an aggrieved and adversely affected party by depriving the petitioner of the right to use and control its own property. Attached hereto as Ex. 1 is a copy of the October 31, 2007, Special Warranty Deed from Otto Stork L.L.C. to Bridge Street Building, LLC conveying 288 Bridge Street. 10/4/2011 7 -2 -2 APPEAL OF 08/22/2011 PEC APPROVAL OF APPLICATION OF UNITS R-1 AND R Statement of Reasons for Appeal Bridge Street Building, LLC owns property described as Part of Lots C & D, Block 5A in the Vail Village First Filing. The property is known as the Scott or Burton Building ( "Scott Building "). Bridge Street Building, LLC acquired title to the Scott Building by deed dated October 31, 2008. A copy of the deed vesting title to the Scott Building in Bridge Street Building, LLC is enclosed as Ex. 1. Bridge Street Building, LLC also owns three commercial condominium units in the Rucksack or Bridge Street Condominium Building ( "Rucksack Building "), property adjoining the Scott Building to the south. The Rucksack Building was condominiumized under a Declaration dated April 4, 1979. The Rucksack Building is located on property described as Part of Lots C & D, Block 5 in the Vail Village First Filing. A copy of the declaration is enclosed as Ex. 2. The properties are located in the Core Commercial 1 Zone District. The Scott Building is not part of the Rucksack Building and is not included within the condominium regime declared in the Declaration. A copy of a drawing showing the footprint of the Scott Building is enclosed as Ex. 3. A copy of a drawing showing the footprint of the Rucksack Building is enclosed as Ex. 4. A drawing of Units R-1 and R-2 as platted in the Rucksack Condominium is enclosed as Ex. 5. Exs. 3-5 show that the north walls of Units R-1 and R-2 and the south wall of the Scott Building demarcate the property line between the separate properties. Beginning in 2007, Bridge Street Building, LLC began extensive renovations of the commercial condominium units and common areas in the Rucksack Building. The renovations of the commercial units included renovations to the Scott Building. The intent of the renovation was to combine the Rucksack Building and the Scott Building. However, a dispute arose between the Bridge Street Building, LLC and one of its owners, Jeff Selby, and the two residential condominium unit owners, trusts of the Mullally family and Mr. and Mrs. William Gardiner. Litigation in the Eagle County District Court ensued. In September 2010, the parties to the Eagle County District Court litigation entered into a settlement agreement regarding the law suit. A copy of the settlement agreement is enclosed as Ex. 6. One of the provisions of the settlement agreement is that the condominium owners would amend the declaration, among other things, to include the Scott Building in the condominium regime. The parties 10/4/2011 7 -2 -3 also agreed to expansions of Units R and R-2 under an amended condominium regime that included the Scott Building. Although the amended declaration was to be entered into within 45 days of the settlement agreement, no agreed amended declaration exists. On August 22, 2011, the Vail Planning and Environmental Commission approved an application for, among other things, major exterior alterations and variances, pursuant to Vail Town Code, § 12-7B-7, to Units R and R-2. The applicants were Margo Mullally and William Gardiner. A copy of the minutes of the PEC meeting is enclosed as Ex. 7. The Rucksack Condominium Association is not listed as an applicant. Proposed additions to Units R-1 and R-2 on the north side of the Rucksack Building, extend past the exterior walls of the Rucksack Building, which are condominium property, and across the property line between the Rucksack Building and the Scott Building. The proposed expansion of Unit R-2 uses the Scott Building for support. A copy of the drawings of the proposed expansion of Units R-1 and R-2 is enclosed as Ex. 8. Page 2 of Ex. 8 displays a survey of the "Rucksack Condominiums" which inaccurately describes the Rucksack Building and the Scott Building as a single property. Page 3 of Ex. 8 shows that the north wall of the proposed expansion of Unit R-1 extends to the north of the Rucksack Building property line into airspace above the Scott Building. Page 4 of Ex. 8 shows that the north wall of the proposed expansion of Unit R-2 and the deck added to the unit extends beyond the north of the Rucksack Building property line into airspace above the Scott Building and onto the roof of the Scott Building. Applications for a Major Exterior Alteration or Modification in the Commercial Core 1 Zone District "shall be made by the owner of the building or the building's authorized agent or representative ...." Code, § 12-7B-7.A.1 (emphasis added). The application for the major exterior modification approved on the Rucksack Building was not made by the condominium association or by the owner of the Scott Building. The application therefore did not comply with a mandatory provision of the Code and must be voided. In its June 13, 2011, memorandum to the PEC, a copy of which is enclosed as Ex. 9, the planning staff inaccurately described 288 Bridge Street as a combination of the Rucksack Building and the Scott Building. Ex. 9, p. 2. Before the PEC hearing on the application, Jeff Selby notified the planning staff that the properties had not been combined and any approval should be 2 10/4/2011 7 -2 -4 conditioned upon that occurrence. Ex. 10. On August 8, 2011, the Town's planning staff assured Mr. Selby that combining the properties "will definitely be a condition of approval." Ex.10. On August 22, 2011, the PEC granted the application for major exterior modification and variance before granting a variance, including site coverage. Consistent with the submitted plans (Ex. 7), the PEC approved extending Units R-1 and R-2 across the property line and into the airspace of the Scott Building and approved extending a deck off Unit R-2 across the property line and building onto the roof of the Scott Building. The approval was not conditioned on combining the Rucksack and Scott Buildings. Hearing the application, which was not made by the owner of the Scott Building or its representative, is contrary to Code, § 12-7B-7.A.1 and exceeded the PEC's jurisdiction. Further, the PEC decision granted Unit R -1 a variance from site coverage regulations in Code, § 12-7B-15, which provides that site coverage will not exceed 80% of the total site area. In calculating the site coverage for the variance application, the staff identified the "site" as the combined properties of the Scott Building and the Rucksack Building. The staffs stated site size was 5,564 square feet. Eighty percent of that site size is 4,451 square feet. The variance allowed Unit R-1 to build creating a site coverage of 80.2 %. While the properties are administered together, they do not comprise a single site in a condominium regime. Granting the application materially injures the Scott Building. The extensions to the north walls of Units R-1 and R-2 trespass into the Scott Building's air space. The extension of the deck to the north of Unit R-2 trespasses onto the Scott Building to use it for support. Bridge Street Building, LLC requests that the Town Council reverse the PEC's August 22, 2011, approval of the application for a Major Exterior Alteration or Modification and void the approval. 3 10/4/2011 7 -2 -5 EXHIBIT TEAK E J COUNTY. S TCH 2e072$758 >xf Bt»:trs aa. Ae pn 11/07/2007 4-CI 111- i . I i !�1! ,i ����i d l! i1 pct C f�� i; �I I 1 • '1 • J '�° a � e1114 111 I Iii INN fit �11�`A 1}I STA1' " * inifiENTAEY FEE p. ,'Rn x 2 2007 SPECIAL WARRANTY BUD ass).gq ' TITIS DEED , Nede on this day of October31,2007 „ between OTTO STORK L.L.C. A COLORADO METED LABILITY COMPANY + )1 of the County of and state of COLORADO , 8rantor(s), and Q" 7 TIMOR STRBBT BUILDING LLC, A COLORADO LIMITED LIABILITY COMPANY Atom legal addreaa is : 1060laTEIS'IRR T DENVER; CO 802.02 of the County of and State of COLORADO , of the erantee(s): WITNESS, That the Grantor, far and in conafdsration of the suds of ( 31,800,000.00 **A One Milian Eight Hundred Thousand and O0/100 * ** DOLLARS the receipt and syfficfanay of whfoh fa hereby soknowtodiisd, has granted, bargained, cold and convoyed, and by these presents dent grant, bargain, sett, cenv y and confirm unto the Grantaa(s), their hefes NM aaafana forever, alt the real property, together with improvements, ff any, aftuate, lying and being in the County _of &AOLE and State of Colorado, described es follows: SEE R:0E31T 'A" ATTACHED fiBRET'O AND MADE A PART HEREOF Mao Roan as street ember 288 BRIDGE STREET AKA PART OFLOTSa ADP P,MOCK SA, VAIL VILLAGE FIR8'T•PILINO VAILCO 8097 TOGBTIVER with all and af18utar aid hei'a'flitamsnte and appurtenances therourto belonging, or in anywise appertaining end the reversion and reversions, reminder and rmfafndore, rants, Isamu and profits) thereof; and err the aatate, right title fntaraat, claim and demand whatsoever of the Orantar(s), either in taw or equity, of, in and to the above bargained • Promises , with the Itsraditamante and appurtenances; TO3L VIZMOT)3IOLT the said premfsaa abeva bargained and described wilthapjwrtonances, unto the grantee(s), their heirs, successors and asafgns forever. The grantor, for ftseiif, its succraaara and.esaigna, does covenant, • and agree that It shaft and wilt MARRART /EX FOREVER BEFEHD the above-bargained' premises in the quiet and peaceable poesesaion of the Crenteeta), their heirs, setae:more end assigns, schinet art 608 every parson or persons claiming the whole or any part thereof, by through or under the Erentor(a)• =o3PT gagdakL 'EMS AISO As4Ea. 'SA10w.Ca 706 743 Y3,1$ 2007 hie, 207 rune move, *Z) marrow rn AAA, a!11SRV6o ail, Rd6rfRXCTS011, COV7r 6S2 A>at Ittaf7'8 or ItA•t oa 6x0r'*n, xt AIIT ANW32'NESS WRERROF the Croutor(s) have executed this deed an tiro dere• sat forth above. 0 i TO 9TO L.L,O. COLORADO LIMITED LIABILITY COMPANY By: OT S OR7C, AN z'A• A (ME~7E DUPONT STATE OF C , NOTARY PUBLEC county of f--.47 )as)' STATE OF COLORADO My CommnisafonExpires Jan. 8, 2008 Tha foregoing fnstrrehank woe ecknowtaltna0 Before ms on this day of by . d..T� ER oEt . A COLORADO LAM AN My expires Witness nnss ty M hand and offief fefat seat. Not Pubic Name and Addreaa of Person Creating Newly Created Lego Description ( 38- 34- 706.5, C.R.E.) when Recorded Return toz BRIDGE STREET BUTLDIDG LAC, A COLORADO LIHJT6O LIABILITY comptiur escrow/ VE0020490 7060 14TH STREET nERYER, co 80202 Tftleg v80020490 Form 432 01 /f7/03 SPEC.wD_OPEH WARRAHTT DEED (Photograpbtc•Open) <5864654) 200726758 I OF 2 SKLD LG SKL10256 G 29758-2007.001 PLAINTIFFS 000143 MuIIaIIy v. Selby 10/4/2011 7 -2 -6 • VOMIT A. • THAT PART OP LOTS C AND D, BZOCK 5..A, VATL VILLAGE FIRST InzLINC3, COUNTY of mom, STATE OP COLORADO, DESCRIBED AS FOLLOWS; Co3883NCING AT TEE N0R773IrEAST CORN&R OF LOT C, VASL VILLAGE FIRST FiLIDN3r T3ENCE SOUTH 00 DEGREES 09 NUNUTS0 00 SECONDS 31AST A. =STANC& AF 7.60 FEET; THENCE SOUTE 89 DEGRIEBS 33 MENT NTS 22 SECONDS WEST A DZSTANCE'i OF 13.76 MT TO THE nag POINT OF azonNIXOr neawal 80NTR 0 0.2emN 24 MEDVED 38 SZCQNDS 8A8T A DISTANCE OF 13.68 0 T; THENt2 SOUTH 73 DEGREES 14 MINUTES 16 SECONDS WEST A DI,9TANG'9 OP 25.34 PEE'l'r TEEN= NORTH 16 DEGREES 45 =NOTES 44 SECONDS WEST A DISTANCE OF 4.10 PE ET; T*NCg SOUTH 73 DEGREES 14 MIRE 16 SECONDS 08S1 A DISTANCE OF 46 .73 PM; TOSNCR NORTH 16 D9GAZIO 45 b4INDTA8 44 S$CO33 B NEST A DISTANCE OF 7.00 PUT, TRENCH SOUT3 73 DEGREES 14 MINIMS 16 SECONDS WEST A DISTANCE OF 27.21 mar TO A POINT OUTER EAST RZGUT- OF -713'X AX30 OF BRIDGE STREET r T3$3+N0 ON MANOR TO THE RIO23T OF 102 DEGREES 13 24X21mm'E$ 29'SE}CONOS swum SRZD 8A87 RIGHT-03 -WAX LIME AND AX.O2R3 A CURVE TO TOR RIGHT HAVING A RADIUS OP 191.07 FEET, A CENTRAL. AN82.8 OP 1 DEGREE 67 = '38E 43 SECONDS, AN A &C =TAM'S OF 6.4S PUT; TREECE FORTH 73 DEGREES 24 RTES 16 SECOHAS EAST A DISTANCE OF 36.91 Ms; TrommtwArm 0 D8G3BB8a 03 MINUTES 82 8230QND5 EAST A DISTANCE OF 12.42 FIFL'7 p TON= SOUTH 89 DEGREES 56 MINUTES 88 s800ND6 HA8T A =STARCH OP 59.47 FEET? '. EENCEE NORTE 0 P882880 03 MIN7TE3 02 SE0079D8 zAsT A DISTANCE OF' 2.14 P'EET) THENCE NORTE 89 08828230 3S MINUTES 22 03[X3808 MAST A DISTANCE PP 3.75 PEEN TO TEE TRUE MINT op BEGINNING. TOGSTEER 22T9 AN AFCE88 EASSOBST AS ORAgno UNDER A1R53 9880 80 =UST 10,... 1967 xN BOOE 213 AT P282 .28 AND SETTLEMENT 07XM ATION AND ORDER RECORDED OWE 24, 1988 TN 9002 486 AT IAG •'259. 9.223 EASEMENT IS DSSCRZAED AS FOLLOWS: TEAT 70172ON OF A PARCEL ore 2.9283 D88823S1D IN BOOR 188 AT PAGE 251 OP THE EAGLE COUNTY. 60LQ8*DO, CLERK ArNI3 RECO298R, .'C* ZAA0XL 23.72 Wt7EIN DOTS A, a, AND Ci 92.0C3C 5A, VA= VSLLA037, P807` FI &SSi 7Gi, AQCOIiE1ING TO TER MAR THEREOF RECORDED ,TN THE OPFICE:'• OF TR8 8282.2 COUN'7'Y',�' FOLOR2A0, CLoRIC AN'D 8SCO208R, DEEM/RAM AS POLLOWF3r 32E14I461NO AT TF02 NO3:T8$3$1' 80327 $ Or .5 ZD FARC2L 02 LAM, SAID 2)287 or SZATHH73Qti AL40 mama 7823 EM MA= 00217* of HATA LOT A, Tra7CE ALONG TSS &ASTEI2I' =AS OS SAID m3233. 300 0 99'00 "V 54.37 ma TO THE 88072SA07 802882 OF BAZA PARCEL; 788882 &Loma T59 MUMMY AIRS OF SAIS 2A.CSI. "889 "35 r22 "W 17.82 1997} 75923 8 8998*7232Ui SAID 800759241' 2.282 5 80885310 1) 200 °09 4.50 0E27 2) 2389 °51'00 "9 4,50 2917 3) 2700 °09 +00"W 28.00 3897 4) 2344 °51'00n3 7.08 PBET 5) 200 °02'008 28.24 59237 To TEE NOET73ERZY LINE OF SAID PARCEL; 772800E ALONG Sad* N08T89RL7 LINE 8.20 PUT 332.0378 Tar ARC OF A G'82V8 TO Tr72 R23327 HAVING A 800373 OS 285,89 FEET, A OISTAA4 AMR OP 01 °24'28" AND A 020271) THAT BEARS S$0 °55'39"0 8.20 FEET TO THE PO/NT OP 8318383721713. Fore, EXHIOITA 01/77/03 v5o020490 200729752 2 OF 2 SKLD LG SKL10256 EG 29758-2007.002 PLAINTIFFS 000144 Mullally v. Selby 10/4/2011 7 -2 -7 EXHIBIT CONDOMINIUM DECLARATION FOR THE RUCKSACK CONDOMINIUMS I RECITALS Jeffrey B. Selby, Charles H. Rosenquist and Richard N. Brown ( "Declarants ") are the owners of the real property situate in the County of Eagle, State of Colorado, described in the attached Exhibit A, which by reference is made a part hereof. Declarants desire to establish a condominium project under the Condominium Ownership Act of Colorado (the "Act ") and to define the character, duration, rights, obligations and limitations of condo- minium ownership. Declarants have purchased a building on the property described in Exhibit A, which building consists of five (5) separately designated units. A Condominium Map will be filed showing the location of said building an the property which is hereby made subject to this Declaration. Declarants do hereby establish a plan for the ownership of real property estates in fee simple consisting of the air space con- tained in each of the apartment and commercial units in the building and the co- ownership, by the individual and separate owners thereof, as tenants in common, of all of the remaining real property. II DECLARATION Declarants do hereby publish and declare that the following terms, covenants, conditions, easements, restrictions, uses, reserva- tions limitations and obligations shall be deemed to run with the land, shall be a burden and a t:nefit to Declarants, their successors and assigns and any person acquiring, or owning an interest in the real property which is or becomes subject to this Declaration and improve- ments thereon, their grantees, successors, heirs, executors, admini- strators, devisees or assigns. 1. Definitions. As used in this Declaration, unless other- wise expressly provided; (a) "Unit" means an undivided air space unit contained within the permieter walls, floors, ceilings, windows and doors of a unit in a building constructed on real property which is subject to the provisions of this Declaration, and as shown and described in a condominium map recorded in the real property records of Eagle County, Colorado, together with (i) all fixtures and improvements therein; (ii) the inner decorated or finished surfaces of such units perimeter walla, floors and ceilings; (iii) the doors and windows of the unit; and (iv) the interior nonsupporting walls within the unit. The term does not include, however,the undecorated or unfinished RECEIVED ' 201978 r "■ 10/4/2011 7-2-8 surfaces of-.the. perimeter walls,' floors or ceilings of a unit, t any utilities. running through - the unit which serve more than one unit, Or an other y general common-element or part , thereof located within -the unit. The term "unit" shall include the 1 term "apartment unit" and "commercial unit." (b) "Condominium unit" means a unit together with the undivided interest in the general common elements appurtenant thereto and the right to exclusive or non - exclusive use of limited common elements aaaociated therewith. =r� (e) "Owner" means any individual, corporation, partner- ., ship, association,•trust or'other legal entity, or combination of legal entitites, which is the record owner of an undivided fee ' simple interest in One 'or-note-condominium units. (d) . "General common elements" means (i) the land included in the real prope'rt .whieb any time is subject to this Condominium Declaration; (ii) the foundations, columns, irders, beams„ supports, perimeter and supporting malls, roofs, balconies. hall's, corridors, lobbies,'stairs, stairways, fire escapes, entrances and exists of the buuilding,(iii) the basements, yards, gardens, auto- ./ mobile parking areas and storage spaces; (iv) the installations, equipment and'material; making up the central services such as power, light, gas,•hot and cold waster, heating, refrigeration and air con- ditioning and incinerating -(v) the tanks, pumps, motors, fans, com- pressors, ducts, and-in general all apparatus and installations Y,. existing for common use;, and (vi) all other parts of the property normally in Coanaon use. yr sl s:;' (e) "Litaited coeion elements" means the part of the general ,r,: common elements assigned for the exclusive or non - exclusive use and enjoyment of the owner or owners of one or more, but less than all e condominium units. (f) "Common expenses" means; (i) all expenses expressly declared to,be common expenses by this Declaration or by the by -laws ; : { of the Association; (ii) all other expenses of administering, Esc servicing, c:onaerving, managing, maintaining, repairing or replacing the general common elements; (iii) insurance premiums for the insurance 4*, . carried under Paragraph 9 of Article II hereof; and (iv) all expenses lawfully determined to be common expenses by the board of directors of the Association, (1) "Apartment common expenses" shall mean and include that portion of the common expenses which are ee designated by this Declaration or determined by the le Association to be primarily for the use and /or benefit ee of the apartment units and their respective owners, tenants, guests and invitees, and which are to be assessed against the apartment units only and paid only by the owners of said apartment units. ee (2) "Commercial common expenses" shall mean and include that portion of the common expenses which are designated by this Declaration or determined by the Association to be primarily for the use and /or benefit of the commercial units and their respective owners. tenants, guests and invitees and which are to be assessed against the commercial units only and paid only by the owners of said commercial units. 10/4/2011 -- 7-2-9 Y y (x) . "First lienor" means the holder of a promissory note `payment of : whhich is secured by a first mortgage or first deed of s. trust. encumbering an interest in a condominium unit, "Mortgage" shall include a decd of trust, and "mortgagee" shall include the bene- ficiary of a deed of trust. (h) "Association" means The Rucksack Condominiums, Inc., a Colorado nonprofit corporation. (1) "Building" means one of the building improvements containing condominium units located on real property subject:to . • this Declaration. and all other improvements constructed on the - property subject to this Declaration, and "buildings" means all of such improvements. (j) The condominiums subject to this Declaration shall be known as The Rucksack Condominiums. (k) "Declaration" means this instrument and all Amend- ments or Supplements thereto hereafter recorded in the records of Eagle County, Colorado. 2. Division of Real Property into Estates; Use and Occupancy of Condominium Units. • (a) The real property is hereby initially divided into (i) two living units numbered R -1 and R- 2,•*nd (ii) three commer- cial units numbered C -1 through C -3 inclusive. Each apartment unit consists of an apartment unit, an undivided interest in the general common elements appurtenant to such apartment unit which interest is set forth in Exhibit B attached hereto, and the exclusive or non - exclusive right to use and enjoy limited common elements. Each commercial unit consists of a commercial unit ae shown the Condominium Map. and an undivided interest in the general common elements appurtenant to such commercial unit, as set forth in Exhibit B, and the exclusive or non - exclusive right to use and enjoy limited common elements. (b) Each condominium unit shall be inseparable and may be conveyed, leased, devised or encumbered only as a condominium unit. Title to a condominium unit may be held individually or in any form of concurrent ownership recognized in Colorado. In case of any such concurrent ownership, each co -owner shall be jointly and severally liable for performance and observance of all the duties and responsibilities of an "owner" with respect to the condominium unit in which he owns an interest. (c) Any contract of sale, deed, lease, deed of trust, mortgage, will or other instrument affecting a condominium unit may describe it by its apartment or commercial unit number as shown on the map, followed by the name of the condominium and reference to this Declaration and to the map. (d) Declarant shall give written notice to the assessor of Eagle County, Colorado, in the manner provided in the Act, so that each condominium unit will be separately assessed and taxed. (e) The apartment units shall be used and apartment occupied solely for dwelling or lodginp purposes. Owners of the units may rent or lease the units to others for these purposes and may use these unity for home occupations which do not cause unreasonable disturbance to others and which are permitted by applicable codes. (f) The commercial units shall be used for any purpose allowed by the Town of Vail Zoning Ordinances then in effect. -3_ 10/4/2011 — 7-2- 10 3, Condominium Map. Pzior to any conveyance by Declarants of a condominium unit therein, Declarants shall cause to be filed ' for record in Eagle County, Colorado, a condominium map (the • ' ", which shall contain: (a) the legal description of the Surface of the land; (b) the linear measurements and location. with reference to the exterior boundaries of the land, of the • building and all other improvements built or to be built on the land; (c) the floor plans and linear dimensions of ;.he interior • of the building including the units, the general • common elements which are not a part of any unit, and , the limited common elements; (d) the designation by number or 'other symbol of each unit; (e) the elevation plans of ;tbe` building; and (f) the elevation of the unfinished interior • srirfacee of the floors and ceilings of the building, including the ;4,g agertment and commercial units, as established from a datum �;.,,•, plane the distances between floors and ceilings, and the linear •::ntesaurementa showing the thickness of the perimeter walla of the "' auildi Declarants reserve the right to amend a map from time "''.to. time to conform it to the actual location of any building 'h (including all parts thereof) and to establish, vacate and ralo- ,cate easements, 4. General Common Elements; Encroachments. v . (a) The general common elements shall be owned in common by all the owners and shall remain undivided. No owner shall assert iz any right of partition with respect to the general common elements. Each owner waives any and all rights of partition he may hold by st. virtue of his ownership of an undivided interest in the general common elements as a tenant in common with the other owners. This paragraph shell not, however, limit or restrict the right of parti- • . tion of a single condominium unit among the owners thereof, but such partition shall not affect any other condominium unit. (b) Each owner shall be entitled to use the general common elements in accordance with the purpose for which they are intended, without hindering, impeding or imposing upon the rights • i . of the other owners and in accordance with rules and regulations -s,., duly established from time to time by the Association. ,... (c) If any portion of the general common elements now encroaches upon any unit, or if any unit now encroaches upon any other unit or upon any portion of the general common elements, as a result of the construction of any building, or if any such encroachment shall occur hereafter as a result of settling or shifting of any building, a valid easement for the encroachment and for the maintenance of the same so Long as the building stands, shall exist. In the event any building, any unit, any adjoining unit, or any adjoining general common element, shall be partially or totally destroyed as a result of fire or other 1 casualty or as a result of condemnation or eminent domain pro- ceedings, and then rebuilt, encroachments of parts of the general common elements upon any unit or of any unit upon any other unit or upon any portion of the general common elements, due to such rebuilding, shall be permitted, and valid easements for such encroachments and the maintenance thereof shall exist so long as the building shall stand. 5. Mechanic's Liens; Indemnification, (a) If any owner shall cause any mateiral to be furnished to his unit or any labor to be performed therein or thereon, no owner of any other condominium unit shall under any circumstances be liable for the payment of any expense incurred -4- .F 10/4/2011 - 7 -2 - 11 A or or the va a of any work done or material furnished. All such work shall be at the expense of the owner causing it to j be done, and such owner ahall be solely responsible to contrac- tors, laborers, materialmen and other pereons furnishing labor or materials to his unit or any improvements therein. Nothing herein contained shall authorize any owner or any person dealing through, with or under any owner to charge the general coon elements or any unit other than that of such owner with any mechanic's lien or other lien or encumbrance whatever. On the contrary (and notice is hereby given) the right and power to charge any lien or encumbrance of any kind against the general coon elements'or against any owner of any owner's unit for work done or materials furnished to any other owner's unit is hereby **mealy denied. (b) If, because of any act or omission of any owner, any mechanic or other lien or on for the payment of money shall be tiled against the general common elements or against any other owner's unit or any improvements therein, or against any other owner (whether or not such lien or order is valid or enforceable as such), the owner whose act or omission forme the basis for such lien or order shall at his own cost and expense cause the same to be cancelled and discharged of record or bonded by a•surety company reasonably acceptable to the Association, or to such other owner or owners, within 20 days after the date of filing thereof, and further shall indemnify and save all the other unit owners and the Association harmless from and against any and all costs, expenses, claims, losses or damages, including reasonable attorney's fees resulting therefrom. 6. Administration and Management. The Rucksack Condominiums shell be administered — and managed pursuant to this Declaration, the articles of incorporation and the by -laws of the Association. Each person contracting to purchase a condominium unit from Declarant, and each owner shall also be a member of the Association and shall remain a member until his contract is terminated or until he ceases r to be an owner. Each member shall comply strictly with the provisions of this Declaration and of the articles of incorporation and by -laws of the Association. Each member.shall be bound by and shall comply with rules, resolutions and decisions of the Association duly made i t or adopted in the manner set forth in the articles of incorporation or by -laws. Failure of the member to comply with such provisions, . rules, resolutions or decisions shall be grounds for an action to recover damages or to obtain injunctive relief, or both, maintain- able by the Association on behalf of the other owners or, in a proper case, by an aggrieved owner. In addition, the Association's by -laws . - may authorize the Association, during the period of any delinquency, (a)to revoke a delinquent owner's right to use general common F elements, (b) to cause utility service to a delinquent owner's . condominium unit to be suspended and (c) to suspend a member's voting S privileges; however, no such suspension shall affect the rights of a first lienor. 7. Maintenance and Repairs. (a) Each condominium unit owner shall be responsible for maintenance and repair of his unit, including fixtures and improvements and all utility lines and equipment located therein and serving such unit only. In performing such maintenance or repair, or in improving or altering his unit, no owner shall do any act or work which impairs the structural soundness of any building or which interferes with any easement. -5- 4 10/4/2011 7-2-12 • • (b) The general common elements (including the limited common elements) shall be administered, conserved, managed, maintained, repaired and replaced by the Association, which may•have access to any unit from time to time during reasonable houra for such purposes, or at'any time for the purpose of making emergency repairs therein necessary to prevent damage to the general common elements or to another unit or units. The costs of repairing any damage to a unit resulting from entry therein for any such purpose shall be a common expense of all the owners. However, if the need to make such entry results from the negligence or intentional act of any owner, • such owner shall reimburse the Association for all the costs of repairing such damage and shall be liable to the other owners for all additional losses or damages suffered, including reasonable attorney's fees. (c) Notwithstanding the foregiong, (i) each condominium unit owner having an interest in limited common elements shall pay his proportionate share of the costs and expenses of maintaining, repairing and replacing any limited common elements of which such owner has any use and enjoyment, and (ii) each condominium owner shall pay all costa of repairing any damage to the general common elements (including ; the limited common elements), or to any condominium unit other than his own, resulting from the intentional at or negligence of such owner. 8. Assessments for Common Expenses. • (a) Except as set forth in paragraph 7(c) and 8(b), • each owner shall pay his pro rata share of the common expenses. Such proration shall be made on the basis of the owner's respective undivided interests in the general common elements on the date such common expense is incurred. The by -laws of the Association shall .' empower its board of directors to fix, determine, levy and collect monthly and special assessments to be paid by the owners to meet the common expenses and to create a contingency reserve therefor. The by -laws shall also establish the procedures by which the assessments shail:be wade known to and paid by the owners. An action may be brought by the Association to recover unpaid common expenses from the owner liable for payment thereof, with or without foreclosing or waiving the lien described in the following paragraph. (b) Any common expense which the Board of Directors of the Association determines in their sole and absolute discretion to E be of greater benefit to one Class of owners and to a lesser benefit ! . to the other class of owners (i.e. apartment unit owners vs. commercial unit owners) shall be borne by such classes in such proportions as the Board of Directors may determine from time to time. The portion of any such common expense allocated to a class of owners as above provided shall be shared by the owners within such class in accordance with their relative appurtenant undivided percentage interest in the general common elements. (c) All sums assessed but unpaid for the share of common expenses assessed to any condominium unit shall constitute a lien on such unit in favor of the Association prior to all other liens and encumbrances, except: (i1 liens for taxes and special assessments; and (ii) the lien of any first mortgage or first deed of trust of record encumbering such unit. The Association's lien shall attach from the date when the unpaid assessment shall become due and may be foreclosed by the Association in like manner as a mortgage on real property upon the recording of a notice or claim thereof executed by the Association setting forth the amount of the unpaid indebtedness, the name of the owner of the condominium unit, and a description of the condominium unit. In any such foreclosure the owner shall be required to pay the costs and expenses of such proceedings, including reasonable attorney's fees. During the period of foreclosure the owner of the condominium unit subject to such action shall be required to pay a reasonable rental to the -6- 10/4/201 - 7 -2- 13 Association. The Association shall be entitled to purchase the condominium unit at the foreclosure sale, and to acquire, hold, lease, mortgage or convey the same. (d) No owner shall exempt himself from " liability for payment of his share of the common expenses either by waiver r of the use or enjoyment of any of the general common elements or by abandonment of his condominium unit. (o) In case of sale or other transfer of a condominium :; t• unit with respect to which sums assessed for common expenses shall '• be unpaid, the purchaser or other transferee of an interest in such :unit .shall be jointly and severally liable with the seller or transferrer thereof for such unpaid assessments. tea o . r al Upon written request of any owner, mortgagee, pro - spective mortgagee, purchaser or other prospective transferee of a condominium. unit, the Association shall issue a written statement 3r ;setting forth the amount of the unpaid common expanses, if any, • r' h :with respect to such condominium unit, the amount of the current monthly assessment, the date on which such assessment became or shall 'become due and the amount of any credit for prepaid expenses. Sucb 'statement, for which a reasonable fet may be charged, is binding upon •• .the Association in favor of any person who may rely thereon in good faith. Unless a request for such statement shall be complied with within fifteen days after receipt thereof, all unpaid common expenses which became due prior to the date of making such request shall be subordinated to the lien or other interest of the person requesting re such statement. (9) Any party in favor of whom a lien on a condominiut unit has been created may but shall not be required to pay any unsaid common expense with respect to such unit, and upon such payment ML-11 :• .. party shell have a lien on such condominium unit for the amount so " paid of the same rank as the line theretofore existing. 7; s 9. •Insurance, r..' (a) The Association shall, on behalf of the owners: (i) keep all buildings (including all of the epartnent an casmarcial units and all fixtures therein, but not including furniture, furnishings or other personal property supplied or %` -F•' installed by condominium unit owners) insured against loss or damage by fire, with extended coverage (including insurance ;•; against loss or damage by vandalism or malicious mischief), in approximately the amount of the maximum replacement val::e thereof, without deduction for depreciation; (ii) provide and keep in force, for the protectiot of the Association, its officers and directors, and all the a, owners and first lienors,general public liability and propa;ty damage insurance against claims for bodily injury or death or property damage occurring upon or in the general common elements, in limits of not less than $250,000 in respect of bodily injury or death to any one person and not less than $1,000,000 for bodily injury or death to any number of persans arising out of one accident or disaster, and in limits of not less than $10,000 for damage to property, and if bight: limits shall at any time be customary to protect against x`< possible tort liability, such high limits shall be carries: and (iii) carry insurance in such amounts as the Asso- ciation my consider necessary or advisable against such c:':er insurable hazards as may from time to time be commonly ins:ed against in the case of similar property in similar locatic-s elsewhere, (b) All insurance required to be carried under this paragraph shall be carried in favor of the Association, the owners (naming them, and indentifying in full their respective condomir_ units), and all first Honors, as their respective interests may 10/4/2011 7 -2- 14 1 appear. Each policy of insurance shall contain a standard mortgagee clause in favor of each first lienor of a condominium unit which shall provide that the loss, if any, thereunder shall be payable to such first lienor, as its interest may appear, subject, however, to the loss payment provisions in favor of the Association hereinafter set forth. All policies of insurance against damage to any building and fixtures shall provide that losses shall be payable to and adjusted with the Association, as attorney -in -fact for the owners. The Association shall hold and apply the proceeds of such insurance as set forth in this Declaration. Each insurance policy shall provide that no cancellation thereof may be made by the insurance carrier without having first given 30 days' prior written notice thereof to the Association, the owners and all first 'tenors. Each insurance policy shall also provide that in case of violation of any provision thereof by one or more (but leas than all) of the owners, the coverage of such policy shall be suspended or invalidated only as to the interest of the owner or owners committing the violation and not as to the interest of any other owner. All policies of physical damage insurance shall contain waivers of subrogation and of any defense based on co- insurance. Duplicate originals of all policies of physical damage insurance.and of all renewals thereof, together with proof of payment of premiums, shall be delivered to all first /tenors at least ten days prior to expiration of the then current policies. (c) The maximum replacement value of the buildings (which shall indicate the maximum replacement value of each condominium unit containedtherein), without deduction for depreciation, shall be determined by the Association prior to obtaining any policy of fire insurance or any renewal thereof by means of one of more written appraisals made by competent, disinterested appraisers. Copies of such appraisals shall be furnished to each owner and each first lienor of a condominium unit. (d) Each owner shall be responsible for all insurance covering loss or damage to personal property in his condominium unit and liability for injury, death or damage occurring inside his apartment unit. Any such policy shall contain waivers of subro- gation and shall be so written that the liability of the carriers issuing insurance obtained by the Association shall not be affected or diminished thereby. ,10. Appointment of Attorney -in -Fact. Each owner I by his acceptance of the deed or other conveyance vesting in hiss an interest in a condominium unit does irrevocably con- stitute and appoint (a) the Association with full power of substitution as his true and lawful attorney in his name, place and stead (i) to deal with such interest upon damage to or destruction, obsolescence, or condemnation of any building or real property as hereinafter provided, and (ii) .o enter into agreements regarding general common elements including but not limited to leases, rights of way, agree - ments and ingress and egress agreements; and (b) Declarant with full power of substitution as his true and lawful attorney in his name, place, and stead to deal with such interest in order to effectuate the reservation contained in paragraph 20, each with full power, right and authorization to execute, acknowledge and deliver any contract, deed, proof of loss, release or other instrument affecting the interest of such owner, and to take any other action, which the Association or Declarant may consider necessary or advisable to give effect to the provisions of this Dec- laration. Xf requested to do so by the Association or Declarant, each owner shall execute and deliver a written instrument confirming such appointment. The action of the Association in settling any damage or condemnation claim shall be final and binding on all owners. No owner shall have any rights Against the.Asssociation or any of its offi- cers or directors with respect• thereto except in tho case of fraud or gross negligence. 11. ?]mange or Destruction. In c;,se of damage or destruction of any building or any part thereof by any cause whatever; •8- 10/4/2011 7-2- 15 (a) If in the reasonable judgment of the Association, the proceeds of insurance shall be sufficient to pay all the costs of repairing and restoring the building, the Association (as attorney- in -fact for the owners) shall cause the building to be repaired and restored, applying the proceeds of insurance for that purpose. • (b) If in the reasonable judgment of the Association the anticipated proceeds of insurance are not sufficient to pay the Costs of repairing and restoring the building, and, if the excess . of such costs over the anticipated insurance proceeds, are less • than 10% of the maximum replacement value last determined under Paragraph 9(c), then the Association (as attorney -in -fact for the • owners) shall promptly cause the building to be,repbi•red and restored, and the difference between the insurance proceeds and the costs of repair and restoration shall be a common expense, to be assessed ' and paid as provided in Paragraph 8. (c) If in the reasonable judgment of the Association the anticipated proceeds of insuance are not sufficient to pay the Costs of repairing and restoring the building, and if the excess of such costa are 141 or more of the maximum replacement value last • determined under Paragraph 9(c), then (unless within 100 days after the date of such damage or destruction a plan for repairing and restoring the building shall be approved by the owners of condominium units in such building owning 801 or more of the total interests in general common elements appurtenant to units in such building and by all first lienore of such condominium units) the Association (as attorney -in -fact for the owners of condominium units in such building) shall execute and record a notice of such facts, and thereafter shall sell the entire real property on which such building is located (including the building) together with reasonable easements for ingress and egress, if required, as designated by the Association, free and clear of the provisions of this Declaration and the map, which shall wholly terminate and expire with respect to such property upon the closing of such sale. This Declaration and any map, however, shall remain in full force and effect with respect to all other property and buildings, and the percentage interests in general common elements appurtenant to all units remaining subject to this Declaration shall automatically be increased by the amount of the percentage interests in general common elements appurtenant to all units in the building sold free and clear of this Declaration, such increase to be allocated among units in the proportions of their respective interests in general common elements. The proceeds of such sale of the real property shall be collected by the Association, applied first to the payment of expenses of the sale, and then divided among the owners of condominium units in such building and paid into separate accounts, each representing one condominium • unit. The insurance proceeds shall be divided according to such owners' respective percentage interest therein as shown by the insurance policies, if so shown, otherwise according to such owners' respective interest in general common elements appurtenant to units in the building so sold, and the proceeds of sale shall be divided according to such owners' respective undivided interests in the general common elements appurtenant to units in the building so sold. The funds in each account (without contribution from one account to another) shall be applied by the Association for the following purposes in the order indicated: (i) the payment of the balance of the lien of any first mortgage or deed of trust on the condominium unit; (ii) for the payment of taxes and special assessment liens in favor of any assessing entity; (iii) for payment of unpaid common expenses; (iv) for payment of junior liens and encumbrances in the order of and to the extent of their priority and (v) the balance • remaining, if any, shall be paid to the condominium unit owner. The provisions of this paragraph shall not be crnstr;ed as limiting in any way the right of a first lienor (in Case the proceeds allocated under (i) above shall be insufficient to pay the indebtedness secured by his lien) to assert and enforce the personal liability for such -9- essesemasseasseseser 10/4/2011 — 7 -2- 16 • deficiency of the person or persons responsible for payment of such indebtedness. If within 100 days after the date of such damage or destruction a plan for repairing and restoring a damaged or destroyed building shall be approved by the owners of 75% or more of the general coamOn elements appurtenant to units in such building and by all first lioness, the Association (as attorney -in -fact for such owners) shall preeptly cause such repairs and restoration to be made according to such plan. All owners of unite in such building (and no others) n shall be bound by the terms of such plan, and the difference, if any, between the amount of the insurance proceeds and the costs of repair and restoration shall be an expense of such owners only and shall be assessed and paid by such owners in the proportions of their respective interests in general common elements appurtenant to units in the damaged building, Z (d) Nothing contained in this paragraph shall be construed as imposing any liability whatever on any first lienor to pay all or any part of the costa of repair or restoration. 12. Obsolescence. (a) If any any time the owners of 75% or more of the general common elements appurtenant to units in any building covered 1 by this Declaration and all first lienora with interests in such y building shall agree that such building has become obsolete and shall approve a plan for its renovation or reatoration, the Association (as attorney -in -fact for the owners with interests in such building) shall promptly cause such renovation or restoration to be made �? according to such plan. All owners with interests in such building shall be bound by the terms of such plan, and the costs of the work shall be an expense of such owners only and shall be asaeseed P. and paid by such owners in the proportions of their respective interests in general Common elements appurtenant to units in such ti building. 4 • (b) If at any time the owners of 75% or more of the ` general common elements appurtenant to all unite and all first lienors shall agree that any of the improvements constituting general common elements have become obsolete and shall approve a 14 plan for their renovation or restoration, the Association (as e attorney -inn -fact for the owners) shall proptly cause such renovation P or restoration to be made according to such plan. All owners shall g be bound by the terms of such plan, and the coats of the work shall be a common expense, to be assessed and paid as provided in Paragraph 8. 4 (c) If at any time the owners of 75% or more of the 4 general common eiementa and all first lienora shall agree that the 3 buildings have become obsolete and should be sold, the Association (as attorney -in -fact for the owners) shall promptly record in the ,{ real estate records of Eagle County, Colorado a notice of such facts, and shall sell the entire real property, free and clear of the provisions of this Declaration and the map, which shall wholly terminate and expire upon the closing of such sale. The proceeds of such sale shall be collected, applied and divided among the owners by the Association in the manner provided in Paragraph 11(c). 13. Condemnation. (a) If the entire real property subject to the declaration shall be taken for any public or quasi - public use, under any statute, by right of eminent domain, or by purchase in lieu thereof, or if any part of any building covered by this Declaration shall be so taken and the part remaining shall be insufficient for purposes of Rucksack Condominiums, the Association (as attorney -in -fact for . the owners) shall collect the award made in such taking and shall . - 10- s E E • 10/4/2011 7 -2- 17 t ' 1 5 sell the part of the lard remaining after the taking, if any, free t an:: Clear of the provisions of this Declaration and the :yap. i Sues: provisions shall wholly terminate and expire upon the recording ci a notice by the Association setting forth all of such facts. The award and the proceeds et such sale, if any, shall be collected, � apcli :d and divided amour, t'_r owners by the Association In accordance wit`- their Sherinq Ratios, ucless a standard different Prom the value c`_ the Bsilcl,a ds a whole employed to measure the condemnation n awa:c in tn_ negotiation, jud :^.al decree, or otherwise. the` in 0- dente mining such shares the same standard shall be employed to the • .•xte- It is releveit and applicable. Z (b) If such taking shall be partial only, if no part el any building shall be taken, and if the remaining part of the land shall br sufficient for the purposes of the condominium, the assnniation (as attorney -In -fact for the owners) shall collect ne award and shall promptly and without delay cause the land not so raker to be restored as nearly as possible to its condition prier to cae taking, applying the award to that purpose. Any are of the art: :rd not required for such restoration shall be divided by the As CCiation among the owners in accordance with their Snaring Ration, unless a standard different from the value cf the Building as a whole as Cr,,:.•ioye CF to meas:1'ie the condemnation award In the negotiation, j::cicial (decree, cr otherwise, then in determining s'.:ch snares the sam, stancher shall be employed to tne extent it is relevant anc • applicable. ?e 14. Quality cf Work. Any repairs. renovatica or restoration e of tne er.i property cr any building covered by this Declaration by r the %sscc_ation as attorney -in -tact for the owners shall be done t 47, e_rh manner as tn make the real property or the building at Jean: as tnluable alter alley work as it was immediately before the 1 c;c_rrer.ce requiring the work to be don. y Amendment an Tian Declaration man be amended • evoXed :4.) rn neniarnnt at any time crier to v.:e filing of the ,:nn f:nn ..- ten upon tne c.._t_en approve,: in recordable ter;. c:. the :.. of *:'.. cr :.r c• mere n: . enexut noonn element!' and it first P - ex cent . ec_ct that. the a :evis_ons of Pningraan i(ai andlighih :t S _._ tere_ts t.. . naner�.1 common elements :.. n the tl�llmtnd y , -. . . e:e: ant .. be amar :ve -: ..- apen seen a= arov:.'_:` the oY ;net:: :. nn c,'9_.....:1 cb.n ,.... •• et.:;tc any ill first R ` euel -. n o- revoke only upon) ale .. all or part of tut:. real :- pro c_tn ,: ..:i_ :.nt - a- graphs _i . it ::: CT 13(h) or uno :: Z'. u:ra _m =a .__ - _c: approval 4:: recordable for of all owners and eii lienors. *} (:G. it.. ~ : :: r the foregoing, amendment o, - his declaration is f strlect cc; tr. requirements, of Section l;6-33-10. CRE. 17_+. g lt. Personal Prooert•: for Common Use. The Association may ac:'__re and hoid for the use and nene_fit of all the condominium owners, real. tangible and Intangible personal prope_t.•: and may discos. n' the same. ty sale en otnemeise, and tne bene`i:inl interest in 2:;12 such property shell be owned by the condominium owners in the ■ .:,, Mc propo: Sons as the :r re..=be^.tive interests an the aereS_' comm: eiements and shall not be -ranferabil: except with a transie_ c'- a Connom1.n11Y.. unit. .J transfer o1 o ccncominiuo unit shall transfer to the `-ran =Ere€: ownership of the transferor's beneficial interest in such prnnerzv without any re.erencs thenet . Bann owner me. use such prnpemty in a.^.coraance wit: the ov.r-n .:,,. v::::Ir'r. it as intended, witno:J hinderin:, of encroach_nc u y zro law; :i rights of ' e otne: owners- ne transfer cf title a cond: ;ainiun unit under foreclosure shell entitle the purchased_. the beneficial interest in such personal property associated with tne ioreciosec nondot:inium unit.. 1 %. itetisrratinn r Crmer_Mailing Address. Each owne) 1 4 10/4/2011 7 -2- 18 shall register his mailing address with the Association, and except for monthly statements and other routing notices, all other notices, or demands intended to be served upon an owner shall be sent by either registered or certified mil, postage prepaid, addreased in the name of the awner at such registered mailing address. All notices, demands or other notices intended to be served upon the Association shall be sent certified mail, postage prepaid, to the address of the Association as designated in the by -laws of the • Association. 18. Duration of Condominium Ownership. The separate estates created by this Declaration and the map shall continue until this Declaration shall be revoked or until its provisions shall terminate as provided herein. 19. Architectural Control. After filing of the map, no building, fence, wall or other structure shall be commenced, erected or maintained upon the property subject to this declaration, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, color, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an ' architectural committee composed of three or more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thrity days after said plans and specifications have been submitted to it, approval will not be required and this paragraph . will be deemed to have been fully complied with. 20. Reservations of Declarants. Declarants reserve the right to dedicate any access roads and streets serving this condominium project for and to public use; to establish easements, reaervations, exceptions and exclusions consistent with the condominium ownership of the condominium project and for the best interest of the condominium unit owners and the Association. 21. Reservations for Addition to R -2. A right is hereby reserved to any owner of condominium Unit R- to construct and expand his unit in an area adjacent to Unit R -2 and designated on the Map as "future construction ". This reservation shall include the right to obtain and record an amended Map and Supplemental Declaration when the construction is completed. Such Supplemental Declaration shall reconvey and reattribute to each unit an undivided per centage interest in the common elements. The interest to be reconveyed and reattributed to each unit shall be expressed as a per centage determined by dividing the number of square feet contained in each unit by the total square feet of all units, which is presently ' 7,252 square feet, plus the number of square feet added to condominium Unit R -2. For the purpose of recomputing the undivided interests in common elements to be reconveyed and made attributable to the units, the owner of R -2 shall engage an architect licensed in Colorado to redetermine the undivided per centage interests in the common elements. 22. Reservation for Additions to C-2. A right is hereby reserved to any owner of condominium Unit C -2 on the Southwest and Northwest sides and designated on the Map as "future construction`. This reservation shall include the right to obtain and record an amended Map and Supplemental Declaration when the construction is completed. Such Supplemental Declaration shall reconvey and re- attribute to each unit an undivided per centage interest in the common elements. The interest to be reconveyed and reattributed to each unit shall be expressed as a per centage determined by dividing the number of square feet contained in each unit by the total square feet of all units, which is presently 7,252 square -12- r 10/4/2011 7 -2- 19 i;l t • ' `,. i(is „'the number of square feet added to Condominium Unit C-2. e purpose of recomputing the undivided interests in common t; to be reconveyed and made attributable to the units, the k } -Z shall engage an architect licensed in Colorado to W" -ruins the undivided per tentage interests in the common •. te. 23. General. tat if any of the provisions of this Declaration or ,paragraph, sentence clause, phrase or word, or the application STATE OF f0 •1 in any oircusnstafice be invalidated, such invalidity shall ; , a Sy s ' affect than validity of the remainder of this Declaration, and COUNTY 0 applications of ;my such provision, paragraph, sentence, clause, • err or void in any other circumstances shall not be affected r this t " Selby, Cl (b) The provisions of this Declaration shall be in • ;.addi'tion and oupplesseotal to the Condoadnima Onwership At of ......the;;-irtate of Colorado and to all other provisions of law. + • (o) Nbenver used herein, unless the context shall r+ t?therwise provide, the singular number shall include the plural, ” ^mgr rs the singular, and the use of any gender shall include rrzrt ' " 171 ;A11113b8 111AEltboh, Declarants have duly executed this . claration this ' ' 14th day. of - l�nril ,1978. 4�. property . interes By exeout J. Darrel f= :• • personal x�<`�• provision x t STATE OF CO 4 City and Co The a• w 1 � FIA 2h% ON . 10/4/2011 7 - 2 - 20 — . „re , cs • (Attached tc fox a ar ea - •a • s' i PARCEL ONE: f That•part of Lots c and c bA �J "ii. Bzo�m recorded plat thereof, de line of said Lot c whence Kest. 7.60 feet; thence S STATE GP COLORADO/ ; of Lot d; thence South 72 COUNTY olo ) °,. EAGLE ) feet to the Southwest car Street; thence on en angl farsgoing;.inst t was aaknbiiledgsd before lee , ' way Igne, along a curve t t this day of • ,1.978,, Jeffrey B 1 i -4'4: t s . of ot 09 3949*, Nosh 7 Selby, ries N. - Rasenquist, • ichaid N. Brown, r . feet; thence North 73'14' t '�dt d *.t feet; thence North 73 NitAesa my )sand and official seal. ° 0 ,.. 0 . feet; thence North 89 Fly c ssion ekpiraat #' ;7i,• el., i''`�' : PARCEL TWO • .. ..! f ` .0>.1 ti ' {, A perpetual easement over . b' � z fr point on the kasterly line i f 'GI '• c . . ;, v, " 1 • be North 0'09'00" West, ',� 1( 1CA, TRUE POINT OF BEGINNING: t ' ,..t North 16 West, 4.10 . 16'45'44" }test, 4.25 feet: The nndersigned•bolde of a deed ed of trust upon the ?f 44" West, 1.75 feet; thenc. property covered by this Dsbtaratiop hereby subordinates its East, 10.53 feet to the Tel interest in such property to the provisions oU;•tbis'Oeclaration. ance of and the restoratia by execution of this Declaration the undersigned, H. over Parcel Tao and which • J. Derrel }yocte. vice reylemet assumes no liability, `, appurtenant to the i rove, personal or otherwise for the performance of any of the : Parcel One provisions, covenants or conditions contained herein. ', PARCEL THREE: LENDER A perpetual easement over, TSB I:DPIRE SAVINGS; BpILDING_AND LOAN That part of Tract G. Block ASSOCIAT ON, a Cola xdo corporation•., r plat thereof, described as • -> l Tract 6. whence the Northwe Dye `.> feet; thence South 16 J. Darrell Rock., Vice President & to the Weft line of said Tr. ,a line of said Tract G to the c' of and the restoration of it TATS or COLORADO ) ,- which (improvements) are a T 1. ity and County of Denver) ss' improvements located on the be; - • •• a was acknowledged before sae this 25th day of April, 1978, by g,• .14'1 a Rock a cs President of THE EMPIRE SAVINGS, BUILDING AND J,, v? Fie' 'LOAN ASSQCZATION, on behalf of the l ; ;i?;a .. ud . of Colorado corporation. t. mums: a tom* -8i i Y or ca� a rt ' , .,:''''''_,C; -14- 10/4/2011 — 7 -2 -21 )Q T yw,, r , • EXHIBIT A (Attached to and made a part of Condoainium Declarations for the Rucksack Condominiums) LEGAL DESCRIPTION f i PARCEL ONE: That port of Lots c and d. Block 5 -A, VAIL VILLAGE, FIRST FILING. eccording to the recorded plat thereof, described as follows: Beginning at a point on the �asterly line .of said Lot c whence the Northeast corner of said Lot c bears North 0'09'00" West, 7.60: feet; thence South 0°09'00" East, 30.41 feet to the. Southeast corner of Lot d; thence South 72'48'30" West, along the South line of said Lot d, 112.08 feet to the Southwest corner of said Lot d, orb the East right -of -way line of Bridge ' Street; thence on an angle to the right of 92'59'20" and along said East right -of- way line, along a curve to the right having a radius of 191.07 feet, a central angle � . s ; of 0939'49", an arc distance of 32,23 feet.to a point on the Westerly line of said Lot c; thence North 7r 14'16" East, 27.21 feet; thence South 18v45'44" East, 7.00 1 ; " feet; thence North 73 14'16" East, 46.73 feet; thence South 16 45'44" East, 4.10 : ; ,'. , f thence North 73 °14'16" East, 25.34 feet; thence North 0°24'38" West, 13.68 ' •o feet; thence North 89 East, 13.76 feet to the point of beginning; ___ ^. PARCEL f130: 1Q !; . A perpetual easement over the real property described as follows: Commencing at a h ,f�Y .; : point on the asterly line of said Lot d whence the N rtheast corner of said Lot d } px J`:• 1 a bears North 0'09'00" West, 5.25 feet; thence South 23'14'16" West, 14.30 feet to the I'�''. ' TRUE POINT OF BEGINNING: thence continuing South 73'14'16' West, 25.34 feet; thence t'; North 1.6 West, 4.10 feet; thence S•gth 73 West, 29,65 feet; thence North 16 ° 45'44" (test, 4.25 feet; thence North 73"14'16" East. 31.80 feet; thence No 16 ° 45' z4 44" West, T.75 feet; thence North 7314'16" East, 27.15 feet; thence South 0'24'38" East. 10.53 feet to the TRUE POINT OF BEGINNING. for the continuance of, the mainten- Ea ance of and the restoration of improvements which extend, overhang and are located ° over Parcel Two and which (improvements ) are a part of, are associated with and are ,; 1 : = appurtenant to the improvements located on the adjoining real property referred to as Parcel One; PARCEL THREE; A perpetual easement over, across and on the real property described as follows: OAN That part of Tract G. Block 5 -A, VAIL VILLAGE, FIFTH FILING. according to the recorded - m plat thereof, described as follows: Beginning at a point on the West line of said Tract G, whence the Northwest corner of said Tract G bears North 0 nest, 64.02 feet; thence South 16 East, 25.00 feet; thence South 73 °14'16" West, 7.46 feet to the West line of said Tract 6; thence North 0 West, 26.09 feet along the West line of said Tract G to the point of beginning, for the continuance of, the maintenance of and the restoration of improvements located on, over and across Parcel Three and which (Improvements) are a part of, are associated with and are appurtenant to the improvements located on the adjoining real property referred to as Parcel One; by AND f the 10/4:2011 7 -2 -22 . elf . 'L EXHIBIT A Continued -page 2 ;{ ? EEL 'FOUR: ;\ parcel of. land shown on the recorded plat of Vail Village. First filing as being nod: bftween 'lots d and c. Block 5- A,Va11 Village, First Filing according to the �orded plat t hereof. which parcel is described as follows: '4 rats at - the Southwest corner of said Lot d; thence North 72 East. x , he* south lire of said Lot d, 112.08 feet to the Southeast corner of said Lot d; FSputh 0 09'00' East. 5.20 feet; thence South 23 East, 5.04 feet to the tcor»er of said Lot e; thence South 72743'02" West along the North line of h 111.39 feet to the Northwest corner of said Lot e on the East right -of -way t;.thence Northerly along said East right -of -way line on an angle Of M4ht of 89"592059'5355 ", " and an arc along a curve to the right having a radiut s of of beg 19i1.07 nning feet, ,;S CltltYel angle distance of 10.00 feet to the poin. t: f1VE tritual non- exclusive easement for the continuance of, maintenance of and the rition of the balcony overhang improvement projecting from Parcel One herein ' 't , part . of:•Lot e, Block 5 -A, VAIL VILLAGE, FIRST FILING. according to the r ; at; thereof. described as follows: Comnencing at the Northeast corner of '• in then et South 72 West along the Northerly line of said Lot e, 33 ten to the TRUE POINT OF BEGINNING: thence continuing along said Northerly lot ' 2 " °49'02 " East, /9.00 f thence South a d foot; thence distance of1.00foot • `True Point of Beginning. F,a % �y. w ?.Y r • h ? 10/4/2011 7 -2 -23 • • BXE/BIT B (Attached • to` and made a part of COndOstimitat - Declarattions' for: the Rucksack Condominimas) Interests in General Common Elements r , Y - • 9.tfalRSHIP Ii1 GEl18RAL.. ; °OI t ELZ WJ8 ATIKSFi AIr • no of Square _'tAQIT TO THE liNIT Feat in Unit .0924 670 2 .X42$ 1,034 4`- • .1539. ._ 1:316 C .4'iiS3 3,019 C 3' .1648 1,413 • 10/4/2011 7-2-24 1,' a ri >, • • 165834 k - ;Y r. , tea , .� ��r1 .. i t: APR .2'71978: ; / � F : � • 3 � K 1 a , c . : 1 : -',:' , : ::::: r • . ,. =3 Y • • '''igt:r &1 , 1‘7424#$1 l 4,,,. 3 .7" : -.: ; ., ..,..,:,-,-,.....„.,, SST .v: -.."1.. 7 ...,,,,,,,,...),-,. 1 ,,, ...... ., ,., if • (../ Ax f ? {: 10/4/2011 7 -2 -25 EXHIBIT EXHIBIT "C" A PART OF LOTS C & D, BLOCK 5 -A, VAIL VILLAGE FIRST FILING TOWN OF VAIL, EAGLE COUNTY, COLORADO LOT B S89'35'22 "W 13.76' TRUE POINT OF BEGINNING "BURTON BUILDING EASEMENT AREA" NORTHEAST CORNER LOT C N89'35'22 "E (POINT OF BEGINNING) "WINDOW WELL AREA 3.75' S00'09' 00 "E — 7.60' PART OF WALKWAY ELEV. = 8177.00' N00'03'02 "E — 2.14' LOT C N00 03'02' E ! � 4 • S89'56'58 "E — 59.47' 12.41' / ..y1j 44.73' ° 286 BRIDGE STREET ` 1.92' 14.74 S00'04'27 "W — 1.85' PART OF LOT C 500'24'38 "E — 13.68' LICENSE AREA" ' 589 W "BURTON BUILDING 14.74' EASEMENT AREA" "BURTON BUILDING PROPERTY" OUTLINE OF "286 BUILDING' BASE ELEVATION AT GROUND LEVEL '- ,.�� = 8177.00' _ — N 1 ..\ UNDER 6 OUTLINE c1.5 57 34''W TRACT G 36 91 46 2 II, 2 53.1416 W N165044 "W 531 A16 �/ N16'45'44 "W LOT D 7.00' RADIUS = 191.07' /� DELTA = 01'57'43" ,/ ARC = 6.45' S: SCALE: 1" = 20' /---- RED LION INN //- CONDOMINIUMS "BURTON BUILDING EASEMENT AREA" PARCEL DESCRIPTION: A PARCEL OF LAND SITUATED IN A PART OF LOTS C & D, BLOCK 5 —A, VAIL VILLAGE, FIRST FILING, PER THE PLAT THEREOF RECORDED AUGUST 6, 1962, AT RECEPTION No. 96382 IN THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER, SAID PARCEL HAVING A BASE ELEVATION OF 8177.00 FEET AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT C; THENCE S00'09'00 "E 7.60 FEET; THENCE S89'35'22 "W 17.51 FEET; THENCE SO0'03'02 "W 2.14 FEET; THENCE S89'56'58 "W 44.73 FEET TO THE TRUE POINT OF BEGINNING; THENCE SO0'04'27 "W 1.85 FEET; THENCE S89'45'50 "W 14.74 FEET; THENCE N00'03'02 "E 1.92 FEET; THENCE 589"56'58 "E 14.74 FEET TO THE TRUE POINT OF BEGINNING. 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Box 597 Eagle, Colorado 81631 Plaintiffs: MARTIN J. MULLALLY CREDIT TRUST; and others A COURT USE ONLY Defendants: JEFFREY B. SELBY, and others Case Number: 08 -CV -217 Attorney for Plaintiffs: Jeffrey A. Hyman #1215 hvmantu;loh1$ha1n1an.com Lohf Shaiman Jacobs Hyman & Feiger PC Div.: 2 Ctrm.: 950 South Cherry Street, Suite 900 Denver, Colorado 80246 Phone No.: (303) 753 -9000 Attorneys for Defendants: James S. Bailey, Jr., Esq. Randall M. Livingston, Esq. Livingston @b- p- law.com Bailey & Peterson, P.C. 1660 Lincoln Street #3175 Denver, Colorado 80264 Telephone: 303 - Attorneys for Defendant Jeffrey B. Selby: Peter H. Doherty #18770 phd @omhdlaw.com Lindsey W. Jay #34091 lwj @omhdlaw.com OVERTURF McGATH HULL & DOHERTY, P.C. 625 E. 16th Avenue, Suite 100 Denver, Colorado 80203 Telephone: 303 -860 -2848 STIPULATION FOR SETTLEMENT 10/4/2011 7 -2 -29 The parties, hereby agree and stipulate to the following: 1. Presidency of the HOA shall be for three -year term. Selby resigns as the President effective immediately and agrees to not serve as the President for two consecutive three -year terms. Margo Mullally, or Jeff Swail, or Yvonne Mullally shall be the President for the first three -year term. 2. The governance of the Association will be pursuant to the Association documents that existed through and including April 4, 2008, including the September 29, 2007 resolution, and excluding the July 16, 2007 resolution. The condominium documents addressed on April 5, 2008, prepared by James Serven, and modified by Jane Harm and James Serven will serve as a working draft of the new condominium documents. The governance of the Association will be based on a per unit 67% majority based on there being 6 units total in the Bridge Street Building. In other words, governance will require the consent of at least one of units R -1 or R -2. Within 45 days of the date of this agreement, the parties shall adopt amended condominium governance documents, including an executed condominium map consistent with this agreement for recording in the Eagle County real estate records. 3. R -1 shall be allowed to expand its unit up to the 250 square feet permitted by TOV ordinance, and Defendants agree to not object to any expansion plan or application consistent herewith. The parties adopt and incorporate the signed drawings attached hereto as Exhibit 1. Defendants agree that R -1 and R -2 can expand their respective units 18 inches of inside dimensions on the North from an area generally beginning at the west end of the bedroom in unit R -1 east to the west edge of the fire place in unit R -1. All costs of the expansion shall be borne by the Plaintiffs. 4. R -2 shall be allowed to expand as depicted on Exhibit 1. The nine -foot expansion to the North, above the Burton Building, shall be measured by the interior wall. 5. Plaintiffs can retain a different architect to design the expansion. Defendants agree to approve any plans submitted by unit R -2's owner to TOV consistent with Exhibit 1. The owner of unit R -2 shall bear all expense of design and construction of such expansion. 6. The HOA will hire an expert mutually agreeable to the parties to determine the best "commercially reasonable" manner to mitigate the noise, vibration, and air flow from the chiller in its current location to bring the building to as close to pre - chiller condition as possible. Defendants will advance to the HOA the cost of the expert. The expert will determine the vantage point or points from which to measure noise, vibration and air flow to be mitigated. Defendants will pay up to $40,000 to cover the mitigating costs of the chiller; if the cost is more than $40,000 it will be paid by HOA in a proportion determined by the current square footage of each unit. Chiller shall be mitigated with two compressors on; after mitigation has been decided, the parties agree that one compressor can be turned off. 7. Plaintiffs intend to apply to the TOV for permission to construct an elevator for their two units. Defendants agree to not oppose any application made to TOV, including any 2 of 5 10/4/2011 7 -2 -30 application based on hardship relating to Yvonne Mullally's age, and /or any family or child related issue for the Margo Mullally /Swail family. Plaintiffs agree to attempt to first locate the elevator installed at the southeast corner of the Bridge Street Building. The Association agrees to give Plaintiffs some of the space of the current trash room on the east side of the Building to use for the elevator, if needed. Plaintiffs agree to pay all costs associated with application for, and construction of the elevator. 8. The second level balcony facing Bridge Street shall be a limited common element for the benefit of unit C -3 from the north edge of the south pillar north to the end of the balcony. The allocation of limited and general common elements for the remainder of the deck on the second level deck shall be as described on the map attached hereto as Exhibit 1. 9. The parties to this litigation hereby mutually release all other parties, their employees, attorneys, and insurers from any and all claims that were asserted, could have been asserted, or arising out of or connected to, the above - captioned litigation. 10. The parties shall enter into a written mutual release in a form acceptable to counsel within five days of the date of this agreement. Jeffrey B. Selby and Bridge Street Building, LLC and West American Insurance Company hereby mutually release any and all claims and contractual rights that may exist arising out of or relating to the claims asserted in the above - captioned litigation. 1 I . Defendants shall pay Plaintiff $220,000.00 to Lohf Shaiman Jacobs Hyman & Feiger PC to be held in trust until the adoption of the documents and recording as applicable, identified in paragraph 2 above, within fifteen days of the date hereof. 12. This action shall be dismissed with prejudice, each party to pay his or its attorney's fees and Court costs. The Court shall retain jurisdiction only for purposes of • enforcing this agreement. 13. The Plaintiffs authorize Jeffrey B. Selby as President of the Rucksack Condominium, Inc., to sign this agreement on behalf of Rucksack Condominium, Inc. Dated: September 14, 2010. Respectfully submitted, MARTIN J. MULLALLY CREDIT TRUST YVONNE MULLALLY SURVIVORS TRUST By: OVA 0 1.0 By: _ Margo Mu ally onne Mullally 3 of 5 10/4/2011 7 -2 -31 WILLIAM A. GARDINER al . THE RUCKSACK CONDOMINIUM, INC. DEBORA • . GARDI■•E: B YliM AAA, B �// ddil//a�. �/. ,-.../ William A. Gariiner - fr.y // el of `r -./seit BRIDGE STREET BUILDING, LLC .e/lit hr : /i.I/ . - f '. elf, Mana_n1? " e lber .. / /�,L 1'J/1 '4 Y :ISEL 4 . WEST AMERICAN INSURANCE COMPANY il i, kiMILIL r eni . dm..n7 4 of 5 10/4/2011 7 -2 -32 APPROVED AS TO FORM: LOHF SHAIMAN JACOBS HYMAN & FEIGER PC BAILEY & PETERSON, P.C. By: J i Stephen . Kapnik, Esq. Randall M. Livingston, 'sq. Attorneys for Plaintiffs Attorneys for Defendan s OVERTURF MCGATH HULL & DOHE ' ', P. . By: // f � — Peter H. Do - r', sq. Attorneys for Defendant Selby APPROV D BY THE COURT: F' ED ICT COURT . • ISTRICT CURT .. i 5 of 5 \\ 10/4/2011 7 -2 -33 I i• ' ii. - = 1 0 ,,:: ■ I .t, --- e 1 111 1 111 10 I 1 I , 0 7' 1 1'11 LL rr t , ,,_ 1-- ‘1 , 11 11 1 1 1 f 1___ , — ;__ .____ _I ,. ( 3 1 .-• 1 , 111:. 11: *.t. .s ( - -, : - - g @ %., (.., .-,1 — . - L r-------- _ , ' i 1 1 — 0 - .; -- 1 0 i ' , ) 21 1 :.•!i - - • Z it ,---■ - 0 :- .:, .i _ . e. •,-; 53 - , .1- C.) ,,,-) 0 , . -. 7 .....!:11 c) r4 5 8 z 4.1 0 co z ..:' ir -- • 1- .--,..• i.„ 2 Lu .i 8 I . - 1 - - 51 . it'; 1 z ,III I CQ '4 -• P ., , 1 . = - t. 11 i ! • 1 .; 1 i _ E-- - . "II- l I;;• 1 '-'- \ , , , , 1 . 1 i! CA § 1 r ,7 • , - c..- ' [ A - J .,. . 10 / 111 1 11- - - ' 1r - ?^11' I, 6 : i • - ' I ,©! 4 '. FT 1 I, 1 , i I , - T - , 14 BIT, ,=-.. •''-4, PS-RfAirr.,..-Fv13 rA,4ziteell- 14 -- -, -,-----:?:---- ----,4 - - -3,----,... -.' " 4,4_,IP , ,,2•4 , ,r a ,, , , , r . ; , , :•-., ...7 ..,.7..... :,.. ...., 10/4/2011 7 - 2 - 34 EXHIBIT PLANNING AND ENVIRONMENTAL COMMISSION August 22, 2011 1U KOFv� . 1:OOpm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Bill Pierce Henry Pratt Luke Cartin Tyler Schniedman John Rediker Pam Hopkins 20 minutes 1. A request for the review of a conditional use permit, pursuant to Section 12 -7A -3, Conditional Uses, Vail Town Code, to allow fora real estate office, located at 100 East Meadow Drive Unit 34 (Vail Village Inn) /Lot M, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110049) Applicant: Town of Vail, represented by Joni Taylor Real Estate Company Planner: Rachel Dimond ACTION: Approved with condition(s) MOTION: Kurz SECOND: Pratt VOTE: 7 -0 -0 CONDITION(S): 1. The applicant shall comply with Title 11, Sign Regulations, Vail Town Code, and any violation of such may result in a call -up of this conditional use permit. Rachel Friede made a presentation per the staff memorandum. Barney Dill, representing Joni Taylor Real Estate, described the success of their business and the need to have office space in the village. Commissioner Rediker inquired about the acquisition of parking. Mr. Dill discussed how and where they were going to acquire additional parking spaces in the Gateway. Commissioner Pratt inquired into the application statement regarding this not being a commercial establishment. Mr. DUI stated that he was trying to highlight that they were going to use the location for an office and not to achieve "a store front" in Vail Village. There was no public comment. 30 minutes 2. A request for the review of a major exterior alteration, pursuant to Section 12 -7H -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the exterior renovation of, the Lion Square Lodge East, located at 660 West Lionshead Place 1 /Lot 1, Vail Lionshead Filing 1, Addition 1, and setting forth details in regard thereto. (PEC110047) Applicant: Lion Square Lodge East, represented by Bill Anderson Planner: Bill Gibson ACTION: Approved with condition(s) MOTION: Kurz SECOND: Hopkins VOTE: 6 -1 -0 (Pierce opposed) Page 1 10/4/2011 7 -2 -35 CONDITIONS: 1. This approval of a major exterior alteration is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 2. Prior to requesting a temporary or final certificate of occupancy for this proposal, the applicant must obtain Town of Vail approval of an amendment final plat to update the Condominium Map to show the improvements associated with this proposal. 3. Prior to requesting a temporary or final certificate of occupancy for this proposal, the applicant shall mitigate 1,365 sq. ft. of employee housing floor area in accordance with the requirements of the Chapter 12 -24, Inclusionary Zoning, Vail Town Code. Bill Gibson made a presentation per the Staff memorandum. Chip Melick made a presentation highlighting the elements of the proposed redevelopment. Commissioner Pierce inquired as to the reconstruction of the below grade units. Mr. Melick explained that there would be light wells included in the new design. Bill Gibson asked Mr. Melick to discuss how much each addition was extending out from the face of the existing facade. Commissioner Pierce stated that it would have been helpful to have the site staked for the site visit. He stated he would need to see the staking of the building prior to voting on the project. He expressed concern about the extent of the stair and elevator tower encroachment towards the parking area and the amount of area between the parking lot and the building facade. Jeff Babb, representing Vail Resorts, spoke to the desire to work with the neighbor and mentioned concerns about landscaping encroaching into the ski yard. Commissioner Pierce asked Mr. Melick to discuss the landscaping plan. Commissioner Pratt inquired if landscaping was located within the assumed setback on the ski yard. Chip Melick stated that there was no new landscaping in the assumed setback. Commissioner Pratt asked for additional detail on the proposed roofs over each new entry. He asked whether the roofs are cantilevered and whether they extend out to the edge of the parking area. Mr. Melick explained how the roofs would be constructed over two entries and the deck would be extending out to cover the other three entries. Commissioner Pierce inquired as to the form of the building on the north elevation. He asked if there were any changes to the form of the north elevation. Mr. Melick stated that there were largely no changes to the overall form of the north elevation. Commissioner Pierce stated that it feels like the east and west facades have dramatically changed and the north and south facades are retaining some foreign elements which are not seen in the new design. He added that he felt that he would benefit from having a 3 -D or physical model. Page 2 10/4/2011 7 -2 -36 Commissioner Pratt stated that most of his comments were largely architectural, which was not within the Commission's purview (it's a Design Review Board issue) . He stated that the roof forms over the new entry were of concern. He added that the project is an improvement. Bill Gibson explained that the Commission is able to comment on roof form elements as it is in the context of the Lionshead Redevelopment Master Plan. Commissioner Kurz stated that the proposal was an improvement and not too divergent from the previously approved plan. Commissioner Hopkins stated that she felt that the project was an improvement and was in compliance with the Master Plan. 20 minutes 3. A request for review of a major exterior alteration, pursuant to Section 12 -7B -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of GRFA (Rucksack Building), located at 288 Bridge Street, Unit R -2 /Lot D, Block 5, Vail Village Filing , and setting forth details in regard thereto. (PEC110045) Applicant: Margo Mullally, represented by Mark Donaldson Planner: Rachel Dimond ACTION: Approved with condition(s) MOTION: Kurz SECOND: Rediker VOTE: 6 -0 -1 (Pierce recused) 1. The applicant shall pay an employee housing fee -in -lieu per Chapter 12 -24, Inclusionary Zoning, Vail Town Code. 2. This approval is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. Bill Pierce recused himself from items 3 and 4 and he is currently involved in litigation regarding this project. Rachel Dimond made a presentation per the Staff memorandum describing the requests for both units as they are integrally related. Mark Donaldson, representing the applicant, made a presentation on the requests. He stated that his presentation would focus on the expansion of the fifth floor on the south side of the tower where there is no support from Staff for the addition. He also responded to Mr. Dunkleman's letter which expressed some concerns from owners in the A &D Building to the north. Commissioner Kurz stated that he benefitted from the clarity around at he addition to the south side of the tower. He felt that the proposal made the best use of some difficult space. Commissioners Cartin and Hopkins agreed with Commissioner Kurz. Paul Dunkleman, representing the neighboring A &D Building, went through their concerns including railing height and a potential hot tub adjacent to his client's property. Commissioner Rediker asked Mr. Dunkleman to clarify his concern regarding the deck railings and whether the issues were related to views. Mr. Dunkleman stated there are no views from his clients' windows but was concerned that the railing be high enough to prevent falling. Page 3 10/4/2011 7 -2 -37 Mark Donaldson clarified that the railing would be a solid wall so as to not create a ladder effect for children to climb over. Margo Mullalaly stated that their family is very quiet and just wants to improve their property. 20 minutes 4. A request for the review of a major exterior alteration, pursuant to Section 12 -7B -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions of enclosed floor area, a request for the review of a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 14 -17, Setback from Watercourse, Vail Town Code, to allow for encroachments into the Mill Creek setback and a request for the review of a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 7B -15, Site Coverage, Vail Town Code, to allow for additions of enclosed floor area in excess of allowable site coverage, located at 288 Bridge Street, Unit R -1 (Rucksack Building)/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110046, PEC110050) Applicant: William Gardiner, represented by Victor Mark Donaldson Architects Planner: Rachel Dimond ACTION: Approved with condition(s) MOTION: Kurz SECOND: Rediker VOTE: 6 -0 -1 (Pierce recused) 1. The applicant shall pay an employee housing fee -in -lieu per Chapter 12 -24, Inclusionary Zoning, Vail Town Code. 2. This approval is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 5 minutes 5. A request for a recommendation to the Vail Town Council for prescribed regulations amendments, pursuant to Section 11 -3 -3, Prescribed Regulations Amendment, Vail Town Code, to Sections 11 -7- 15, Public Parking and Loading Signs for Private Property, Vail Town Code, and 11 -7 -16, Informational and Directional Sign for Public Parking on Private Property, Vail Town Code, and setting forth details in regard thereto. (PEC110021) Applicant: Town of Vail Planner: Bill Gibson ACTION: Table to September 12, 2011 MOTION: Kurz SECOND: Pratt VOTE: 7 -0 -0 5 minutes 6. A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Chapter 12 -15, Gross Residential Floor Area, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, related to the calculation of gross residential floor area on the lowest level of a structure that contains a garage in the Hillside Residential, Single - Family Residential, Two - Family Residential, and Two - Family Primary/Secondary Residential Districts, and setting forth details in regard thereto. (PEC110043) Applicant: Town of Vail Planner: Bill Gibson ACTION: Table to September 12, 2011 MOTION: Kurz SECOND: Pratt VOTE: 7 -0 -0 5 minutes 7. A request for the review of a variance, pursuant to Section 14 -1 -5, Variances, Vail Town Code, from Section 14 -10 -5, Building Materials and Design, Vail Town Code, to allow for the installation of solar panels extending higher than one foot above the building ridgeline, located at 4918 Meadow Drive, Unit A/Lot 16, Block 7, Bighorn Subdivision Fifth Addition, and setting forth details in regard thereto. (PEC100046) Applicant: Warren Dean, represented by Capitol Solar Energy Planner: Rachel Dimond Page 4 10/4/2011 7 -2 -38 ACTION: Table to September 12, 2011 MOTION: Kurz SECOND: Pratt VOTE: 7 -0 -0 5 minutes 8. A request for a work session on a major exterior alteration, pursuant to Section 12 -71 -7, Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the area known as "Ever Vail" (West Lionshead), with multiple mixed -use structures including but not limited to, multiple - family dwelling units, fractional fee units, accommodation units, employee housing units, office, and commercial /retail uses, located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South Frontage Road West 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. (PEC080064) Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Table to November 28, 2011 MOTION: Kurz SECOND: Pratt VOTE: 7 -0 -0 5 minutes 9. A request for a recommendation to the Vail Town Council on prescribed regulation amendments to Chapter 12 -6, Residential Districts, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to establish a new zone district, Vail Village Townhouse (WT) District, and setting forth details in regard thereto; and a request for a recommendation to the Vail Town Council on proposed amendments to Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub -Area ( #6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. (PEC110040, PEC110041) Applicant: Town of Vail Planner: Bill Gibson ACTION: Table to September 12, 2011 MOTION: Kurz SECOND: Pratt VOTE: 7 -0 -0 5 minutes 10. A request for the review of a major exterior alteration, pursuant to Section 12 -7H -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions to, and the exterior renovation of, the Lion Square Lodge South, located at 660 West Lionshead Place /Lot 1, Vail Lionshead Filing 1, Addition 1, and setting forth details in regard thereto. (PEC110048) Applicant: Lion Square Lodge South, represented by Bill Anderson Planner: Bill Gibson ACTION: Withdrawn 11. Approval of July 25, 2011 minutes ACTION: Tabled to September 12, 2011 MOTION: Kurz SECOND: Pratt VOTE: 7 -0 -0 12. Information Update • Discussion of the progression of Ever Vail and Timber Ridge redevelopment 13. Adjournment MOTION: Kurz SECOND: Schneidman VOTE: 6 -0 -0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479 -2138 for additional information. Page 5 10/4/2011 7 -2 -39 Sign language interpretation is available upon request with 24 -hour notification. Please call (970) 479 -2356, Telephone for the Hearing Impaired, for information. Community Development Department Published August 19, 2011, in the Vail Daily. Page 6 10/4/2011 7 -2 -40 2 Q 0 0 F...-vg. n m e u. , 4 . a B M oQVaoi00'TVA re ° � w `— o ° E — iaais apal a aez IIIO � . 1`4 g . e� Z -b llNll l Jan o o z y .3 a t I I M W Z Z IIII III IIIIII O O'.. h I R� iii , I 111111 � 11 1111 g '01 f li`l : et; i llgl 111/ k 1 a 11 II 88 1 # ae illiii €III 1- — 045111111 i 11111 N N o K zaa8aadill , ,m 1 a _ W ,, Z ¢ 0 4C. C13 g Of WM Z J I '7-- 4 L1Ccp C, 5. 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Z ! 1 _ o a IIf IIfIIIIIII) o ° $ _ UNIT1&UNIT -2 El- ot . __ m .,.. 0. y a 288 BRIDGE STREET " — z ° �UIIII o e VNL COLORADO 61657 1IIIIIIIIIIIIII ° w j i w 0 10/4/2011 7 -2 -55 Z g a 0 e a e 4 r o a i,,,IIIII,,,,I Millia 8 css�a oadaoioo �, -1 — E .17. leaais a�aiae eas -4. . � �x Z -� lINI l llld(t Z o z to Lai r.r r — ' - ui i 1 ,,., .1 E o E ow w p m ow M j I • a im _ � M� �M : I rot a Q ui 1 7 r ... ,_, 0-0 O - I � a ��� L • k i i il PI i .'.' i ::: Ara • z 0 - Q _......„," w w 1p4 i �� 111 i o _ 10 3 I iiit CD ,-- /____ 10/4/2011 7 -2 -56 EXHIBIT • TOWN OF VAIL' Memorandum To: Planning and Environmental Commission From: Community Development Department Date: June 13, 2011 Subject: A request for the review of a major exterior alteration, pursuant to Section 12 -76- 7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions of enclosed floor area, a request for the review of a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 14 -17, Setback from Watercourse, Vail Town Code, to allow for encroachments into the Mill Creek setback and a request for the review of a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 7B -15, Site Coverage, Vail Town Code, to allow for additions of enclosed floor area in excess of allowable site coverage, located at 288 Bridge Street, Unit R -1 (Rucksack Building)/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110046, PEC110050) Applicant: William Gardiner, represented by Victor Mark Donaldson Architects Planner: Rachel Dimond A request for review of a major exterior alteration, pursuant to Section 12 -7B -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of GRFA, located at 288 Bridge Street, Unit R- 2(Rucksack Building) /Part of Lots C & D, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (PEC110045) Applicant: Margo Mullally, represented by Mark Donaldson Planner: Rachel Dimond I. SUMMARY The applicants, Margo Mullally and William Gardiner, are proposing to expand their residential dwelling units at 288 Bridge Street, formerly known as the Rucksack Building. The Gardiner proposed addition to Unit R -1 requires review of a major exterior alteration, a stream setback variance and a site coverage variance. The Mullally proposed addition to Unit R -2 requires review of a major exterior alteration. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends approval, with conditions, of these applications subject to the findings 10/4/2011 7 -2 -57 noted in Section VIII of this memorandum. For reference, the attachments include a vicinity map (Attachment A), applicant narratives (Attachment B), architectural plans (Attachment C) and a letter from the A &D Building to the north (Attachment D). II. DESCRIPTION OF THE REQUEST Unit R -1, the Gardiner Residence, is located on the second floor, with access on the east side of the structure. Mr. Gardiner is requesting the following: • Addition of 170 square feet, including o 38 square feet of additional GRFA and site coverage on the east side of the building, including 37 square feet to be built into the stream setback and 11 square feet over allowable site coverage o 93 square feet of additional GRFA on the south side of the building o 39 square feet of additional GRFA on the north side of the building Unit R -2, the Mullally Residence, is located on the third and fourth floors and includes the tower on the structure. Ms. Mullally is requesting the following: ® Addition of 516 square feet, including o 317 square feet of additional GRFA on the north side of the third floor o 118 square feet of additional GRFA on the south side of the third floor o 71 square feet of additional GRFA on the south side of the fourth floor o 10 square feet of additional GRFA on the interior of the fifth floor While the Rucksack Tower is located within view corridor #1, the addition on the south side of the fourth floor of R -2 does not encroach into the view corridor. III. BACKGROUND The existing 288 Bridge Street is made up of the former Rucksack Building and Scott Building. The Rucksack Condominiums building was originally constructed in the early 1960's, has been remodeled several times starting in 1966 to add or expand commercial and residential square footage and was further subdivided in 1978 to create the "Rucksack Condominiums ". The date of original construction of the former Scott Building is undetermined. The space was formerly occupied as either a restaurant or retail establishment, historically. The Rucksack and the Scott Building were combined, with the commercial first and second floors being completely remodeled in 2009. Initially, the residential units were included in the renovation of the structure, but were not ultimately approved as part of the commercial remodel. IV. APPLICABLE PLANNING DOCUMENTS TITLE 12: ZONING REGULATIONS (in part): 12 -1 -2: PURPOSE: Town of Vail Page 2 10/4/2011 7 -2 -58 A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. ARTICLE 12 -7B: COMMERCIAL CORE 1 (CC1) DISTRICT (IN PART) 12 -7B -1: PURPOSE: The Commercial Core 1 District is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominantly pedestrian environment. The Commercial Core 1 District is intended to ensure adequate light, air, open space, and other amenities appropriate to the permitted types of buildings and uses. The District regulations in accordance with the Vail Village Urban Design Guide Plan and Design Considerations prescribe site development standards that are intended to ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and architectural qualities that distinguish the Village. 12 -78 -7: EXTERIOR ALTERATIONS OR MODIFICATIONS (in part): A. Subject To Review: The construction of a new building, the alteration of an existing building which adds or removes any enclosed floor area, the alteration of an existing building which modifies exterior rooflines, the replacement of an existing building, Town of Vail Page 3 10/4/2011 7 -2 -59 the addition of a new outdoor dining deck or the modification of an existing outdoor dining deck shall be subject to review by the Planning and Environmental Commission (PEC) as follows (in part): 12 -17: VARIANCES (in part): 12 -17 -1: PURPOSE: A. Reasons For Seeking Variance: In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this title as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. B. Development Standards Excepted: Variances may be granted only with respect to the development standards prescribed for each zone district, including lot area and site dimensions, setbacks, distances between buildings, height, density control, building bulk control, site coverage, usable open space, landscaping and site development, and parking and loading requirements; or with respect to the provisions of chapter 11 of this title, governing physical development on a site. C. Use Regulations Not Affected: The power to grant variances does not extend to the use regulations prescribed for each zone district because the flexibility necessary to avoid results inconsistent with the objectives of this title is provided by chapter 16, "Conditional Use Permits ", and by section 12 -3 -7, "Amendment ", of this title. 12 -17 -4: HEARING: Upon receipt of a variance application, the planning and environmental commission shall set a date for hearing in accordance with subsection 12 -3 -6B of this title. Notice shall be given, and the hearing shall be conducted in accordance with subsections 12 -3 -6C and D of this title. 12 -17 -5: PLANNING AND ENVIRONMENTAL COMMISSION ACTION: Within twenty (20) days of the closing of a public hearing on a variance application, the planning and environmental commission shall act on the application. The commission may approve the application as submitted or may approve the application subject to such modifications or conditions as it deems necessary to accomplish the purposes of this title, or the commission may deny the application. A variance may be revocable, may be granted for a limited time period, or may be granted subject to such other conditions as the commission may prescribe. Town of Vail Page 4 10/4/2011 7 -2 -60 12 -17 -6: CRITERIA AND FINDINGS: A. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. B. Necessary Findings: The planning and environmental commission shall make the following findings before granting a variance: 1. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. 2. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone district. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district. 12 -17 -7: PERMIT APPROVAL AND EFFECT: Approval of the variance shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion within two (2) years from when the approval becomes final. 12 -17 -8: RELATED PERMITS AND REQUIREMENTS: In addition to the conditions which may be prescribed pursuant to this chapter, any site or use subject to a variance permit shall also be subject to all other procedures, permits, and requirements of this and other applicable chapters and regulations of the town. In event of any conflict between the provisions of a variance permit and other permit or requirement, the more restrictive provision shall prevail. Town of Vail Page 5 10/4/2011 7 -2 -61 12- 7B -20: VAIL VILLAGE URBAN DESIGN PLAN (in part): A. Adoption: The Vail Village Urban Design Guide Plan and design considerations are adopted for the purposes of maintaining and preserving the character and vitality of the Vail village (CC1) and to guide the future alteration, change and improvement in CC1 district. 12 -18 -5: STRUCTURE AND SITE IMPROVEMENT (in part): Structures and site improvements lawfully established prior to the effective date hereof which do not conform to the development standards prescribed by this title for the zone district in which they are situated may be continued. A. Lot and Structure Requirements: Structures or site improvements which do not conform to requirements for setbacks, distances between buildings, height, building bulk control, or site coverage, may be enlarged; provided, that the enlargement does not further increase the discrepancy between the total structure and applicable building bulk control or site coverage standards; and provided that the addition fully conforms with setbacks, distances between buildings, and height standards applicable the addition Chapter 22 — View Corridors (in part) 12 -22 -1: PURPOSE: 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 pubic 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. 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. 12 -22 -3: LIMITATIONS ON CONSTRUCTION (in part): No part of a structure shall be permitted to encroach into any view corridor set forth in this chapter unless an encroachment is approved in accordance with section 12 -22 -6, Town of Vail Page 6 10/4/2011 7 -2 -62 12 -22 -4: ADOPTION OF VIEW CORRIDORS (in part): A. View Point #1: A view from the south side of the Vail Transportation Center from the main pedestrian stairway looking toward the Clock Tower, 232 Bridge Street, the Rucksack Tower, 288 Bridge Street, and beyond to the ski slopes. (Please see Attachment D — pg. 19) 12 -22 -6: ENCROACHMENTS INTO EXISTING VIEW CORRIDORS (in part) An application for approval to encroach into an existing view corridor may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, [or by application of any resident or property owner in the town,] or by the administrator or his /her designee. 12 -22 -7: NONCONFORMING STRUCTURES (in part) A. Removal Of Encroachments Encouraged; Exceptions: Any structure which presently encroaches into an existing view corridor which was lawfully authorized by ordinances or regulations existing prior to the effective date hereof may continue. However, such encroachments will be encouraged to be removed as part of any remodeling or reconstruction of the structure. In the case of certain focal points, such as the Clock Tower and Rucksack Tower, the town recognizes their importance to the character of Vail Village and to the quality of the urban design of the Vail Village. Notwithstanding their nonconforming status, the town does not encourage their removal. 12 -22 -8: HEIGHT LIMITATIONS (in part): If the maximum height allowed in any zone district within the town differs from the height permitted by a view corridor, the more restrictive height limitation shall apply. (In this instance, the Applicant should provide additional information relative to maximum heights to be dictated by established view corridors as compared with the building height restrictions set forth in the Vail Village Urban Design Guide Plan). Vail Land Use Plan The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail Town Council. The main purpose of the Land Use Plan is two -fold: 1. To articulate the land use goals of the Town. 2. To serve as a guide for decision making by the Town. The Vail Land Use Plan is intended to serve as a basis from which future land use decisions may be made within the Town of Vail. The goals, as articulated within the Land Use Plan, are meant to be used as adopted policy guidelines in the review process for new development proposals. In conjunction with these goals, land use categories are defined to indicate general types of land uses which are then used to develop the Vail Land Use Map. The Land Use Plan is not intended to be regulatory in Town of Vail Page 7 10/4/2011 7 -2 -63 nature, but is intended to provide a general framework to guide decision making. Where the land use categories and zoning conflict, existing zoning controls development on a site. Goals and Policies (in part): 1.0 General Growth /Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 4.0 Village Core / Lionshead 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. Town of Vail Page 8 10/4/2011 7 -2 -64 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Vail Village Master Plan The Vail Village Master Plan is based on the premise that the Village can be planned and designed as a whole. The Vail Village Master Plan is intended to be consistent with the Vail Village Urban Design Guide Plan, and along with the Guide Plan, it underscores the importance of the relationship between the built environment and public spaces. Furthermore, the Master Plan provides a clearly stated set of goals and objectives outlining how the Village will grow in the future. Goals for Vail Village are summarized in six major goal statements. While there is a certain amount of overlap between these six goals, each focuses on a particular aspect of the Village and the community as a whole. A series of objectives outline specific steps that can be taken toward achieving each stated goal. Policy statements have been developed to guide the Town's decision - making in achieving each of the stated objectives. The Bridge Street Building is located within the Commercial Core 1 Sub - Area #3 of the Master Plan. A series of objectives outline specific steps toward achieving each stated goal. Policy statements have been developed to guide the Town's decision - making in achieving each of the stated objectives, whether it be through the review of private sector development proposals, or in implementing capital improvement projects. (Listed in part): Goal #1 Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. 1.2 Objective: Encourage the upgrading and redevelopment of residential and commercial facilities. Goal #2 To foster a strong tourist industry and promote year -round economic health and viability for the Village and for the community as a whole. 2.1 Objective: Recognize the variety of land uses found in the 10 sub -areas throughout the Village and allow for development that is compatible with these established land use patterns. 2.2 Objective: Recognize the "historic" commercial core as the main activity center of the Village. 2.2.1 Policy: The design criteria in the Vail Village Design Guide Plan shall be the primary guiding document to preserve the existing architectural scale and character of the core area of Vail Village. Town of Vail Page 9 10/4/2011 7 -2 -65 4i x> ,,.: - .7, #3 - 4 Mill Creek Commercial Infill The A' � go...: -, r., z •1 4 , - ;/ elf."-- - --,-''' k f "` • development of commercial frontage along , � :. � � �,' • the west side of Mill Creek to. encourage ; , � � ,4: t r ,. pedestrian traffic in this area. Pedestrian _. improvements including the bridge over Mill '- r . f ` . Creek and a mid -block connection to Bridge r'�° f'z,� Street are also desired (see Urban Design i y.4r a .. ,r ` 4F� �, ►� ;t y Guide Plan). Improvements to Mill Creek ,. . - (landscaping, utility relocation an d stream ' ' } t - bank stabilization) as well as loading and _ V delivery, must be addressed. Special s �'` i;" emphasis on 2.4 2.5 3.4 4.1 6.1. ^q y f R , '�. . `i . gt Vail Village Urban Design Guide Plan f '� This Guide Plan collective ideas - about functional and aesthetic objectives for 'fi Vail Village. Diagrammatic in nature, the a : e C�»:4 � Guide Plan is intended to suggest the nature y 1 , t ", of improvements desired. It is based on a ,,,..0 s `'' ' "`' 1. " "° " number of urban design criteria determined to be appropriate for guiding change in the Vail Village. The Guide plan is intended to be a guide for current planning in both the public and private sectors. The Guide Plan establishes the Clock Tower building within the Gore Creek Drive /Bridge Street Sub - Area. V. ZONING ANALYSIS Physical Address: 288 Bridge Street Legal Address: Part of Lots C & D, Block 5, Vail Village Filing 1 Zoning Designation: Commercial Core 1 (CC1) District Land Use Plan Designation: Village Master Plan Current Land Use: Mixed Use Lot Size: 5,564 square feet (1277 acres) Geologic Hazards: None Development Standard Allowed /Required Existing Proposed Buildable Lot Area (min): 5,000 sq. ft. 5,564 sq.ft. No Change Setbacks: None Required or per Vail Village Master Plan Stream Setback 30 feet 27 feet 25.8 feet Building Height: 60% at 33 ft. or less 56% 60% 40% at 33 ft. to 43 ft. 37% 33% Town of Vail Pagel O 10/4/2011 7 -2 -66 0% at >43 ft. 7% 7% Density: Dwelling units (DU) 25 DU /acre (3 units) 2 DU 2 DU Accomm. Units (AU) 50 AU /acre (6 units) None None GRFA: 4,451 sq. ft. (80 %) 2,538 sq. ft. 3,224 sq. ft. (58 %) Site Coverage (max): 4,451 sq. ft. (80 %) 4,424 sq. ft. 4,462 sq. ft. (80.2 %) Landscape Area: No reduction per VVMP No change Parking: Pay -in -Lieu 0 on -site No change Loading: 1 berth Off -site No change VI. SURROUNDING LAND USES Land Use Zone District North Mixed Use Commercial Core 1 South Mixed Use Commercial Core 1 East Mill Creek Outdoor Recreation West Mixed Use Commercial Core 1 VII. REVIEW CRITERIA The following are review criteria for an exterior alteration or modification: 1. The proposed exterior alteration is in compliance with the general and specific purposes of the zoning regulations as specified in Section 12 -1 -2, Purpose, Vail Town Code; and, Staff finds that both applications for exterior alterations are consistent with the general and specific purposes of the Zoning Regulations. Specifically, the applications "encourage a harmonious, convenient, workable relationship among land uses" with the expansion of both existing units. The application also furthers the purpose that calls for continued improvement to Vail to facilitate the "high -end resort." However, Staff finds that the addition to the fourth floor at the tower does not "safeguard and enhance the appearance of the town" as it negatively alters the general appearance of this historically linked building. 2. The proposal is consistent with applicable elements of the Vail Comprehensive Plan; and, Staff finds that the applications are consistent with the applicable elements of the Vail Comprehensive Plan, which includes the Vail Village Master Plan, Urban Design Guide Plan, Design Considerations and the Vail Land Use Plan, except for the addition to the tower on the fourth floor. Town of Vail Page 11 10/4/2011 7 -2 -67 The applications further the Vail Land Use Plan goals and objectives, including Objective 1.1, to "encourage the upgrading and redevelopment of residential and commercial facilities" and Goal 1.3, that "the quality of development should be maintained and upgraded whenever possible." The site specific recommendations in the Vail Village Master Plan are generally not applicable but the application remains consistent with the goals and policies in the Vail Village Master Plan, which, similar to the Land Use Plan, "encourage the upgrading and redevelopment of residential... facilities." The Urban Design Guide Plan discusses view corridors as follows: "Views that should be preserved originate from either major pedestrian areas or public spaces, and include views of the ski mountain, the Gore Range, the Clock Tower, the Rucksack Tower and other important man -made and natural elements that contribute to the sense of place associated with Vail." While the proposed addition to the tower is not in the established view corridor #1, the addition to the Tower will negatively affect this man made element that, as stated above, contributes to the sense of place in Vail. 3. The proposal does not otherwise negatively alter the character of the neighborhood; and, Staff finds that the all components of the application do not otherwise negatively alter the character of the neighborhood except for the addition to the tower. There is no change to the sun shade analysis from existing structure and most of the additions will not be noticeable from street level or even from other buildings. However, the addition to the tower changes the appearance and feel of the building by adding an element to the tower that reduces the positive visual impact of the tower. The followinq are review criteria for the stream setback variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff finds that the requested variance will not negatively impact the existing and /or potential uses and structures in the vicinity. While a portion of the addition will encroach into the stream setback, it will do so on the second floor, which will infill existing stairs and patio area. Further, due to the fact that many structures in Vail Village have zero setback lines as established by the Vail Village Urban Design Guide Plan, the encroachment into the setback will have limited visual impact. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Town of Vail Page 12 10/4/2011 7 -2 -68 The purpose of the variance is to facilitate an addition to the living room area to further facilitate interior circulation. The unit on the second floor is small due to the existence of another commercial space on this level. There are limited opportunities for expansion to the kitchen and living room areas. The proposed variance is the minimal amount necessary to provide adequate circulation and improvements to the dwelling unit to achieve compatibility and uniformity with newer structures built under more recent regulations. Staff finds this variance request would not be a grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff finds that the requested variance will not have any effects on distribution of population, transportation and traffic facilities, public facilities and utilities. Staff finds the requested variance will have a minor effect on light and air, as the bulk and mass of the building will slightly increase. As noted on the sun shade analysis in the applicant's request, this addition will not negatively effect the neighboring property, but will only impact light and air on the subject property. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. Certain properties in the vicinity have received stream setback variances in order to facilitate residential additions, as follows: ® March 26, 1990- Vail Rowhouses Unit 9 received a stream setback variance to encroach 10 feet into the 50 foot Gore Creek setback. ® September 4, 1990- Red Lion Building received stream setback variance to encroach 5 feet into Mill Creek setback The following are review criteria for the site coverage variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Staff finds that the requested site coverage variance will not negatively impact the existing and /or potential uses and structures in the vicinity. While the addition will create new site coverage, it will do so on the second floor, which will infill existing stairs and patio area. This will not change the relationship between the subject property and neighboring uses, many of which have received site coverage variances. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Town of Vail Page 13 10/4/2011 7 -2 -69 Staff finds that the requested site coverage variance will not be a grant of special privilege as other structures in the vicinity that were built in the 1960s have received site coverage variances to facilitate these types of residential additions. The subject property was constructed in the early 1960s and thus, did not have regulations such as site coverage to address at that time. With the combination of the Rucksack Building and the Scott Building upon redevelopment of the commercial portion of the Rucksack, a site coverage variance was not required, as site coverage was almost completely utilized. Now, any infill of the stairs on the east side of the structure would require a site coverage variance. Further, the inclusion of a garbage facility pushed site coverage to its maximum allowable square footage. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Staff finds that the requested variance will not have any effects on distribution of population, transportation and traffic facilities, public facilities and utilities. Staff finds the requested variance will have a minor effect on light and air, as the bulk and mass of the building will slightly increase. As noted on the sun shade analysis in the applicant's request, this addition will not negatively effect the neighboring property, but will only impact light and air on the subject property. 4. Such other factors and criteria as the commission deems applicable to the proposed variance. Below is a list of some sites in the vicinity with their current site coverage calculations listed and how they obtained that site coverage. A. A & D Building On October 8, 1984, the PEC approved a CCI exterior alteration. No variances were requested. Site coverage was proposed at 79.0 %. The exterior alteration was approved with the condition that a floodplain modification request be approved by the Town prior to construction. On May 8, 1985, the PEC approved a floodplain modification for the A & D development. No stream setback variance was required. In February 1995, the applicant proposed an expansion to Golden Bear, increasing site coverage to 79.95 %. B. Red Lion Building On April 9, 1990, the PEC approved a view corridor encroachment, stream setback variance, site coverage variance, CCI exterior alteration, and conditional use permit (to allow an outdoor dining deck). Prior to redevelopment, the Red Lion Building encroached into the Mill Creek stream setback 1 to 18 feet. The proposed redevelopment requested 5 additional feet of encroachment. The staff memo cited the Town of Vail Page 14 10/4/2011 7 -2 70 location of the existing building and the A & D improvements as significant issues that would not make the request a grant of special privilege. The staff recommended denial of the requests, although the PEC ultimately approved the requests. Concerning site coverage for the Red Lion redevelopment, the proposal included 50 square feet of additional site coverage. However, as part of the redevelopment, 27 square feet of existing site coverage was to be eliminated. As a result, there was net increase of 23 square feet of site coverage. At the time of the proposal, the existing Red Lion Building had a site coverage of 83 %. Though the staff recommendation for the site coverage variance request was denial, the PEC ultimately approved it. One of the conditions of the exterior alteration was an agreement between the Town and the Red Lion developers that the GRFA approved through that process be the cap. Language has been incorporated into the condominium declarations that the existing 8,714 square feet of GRFA and three dwelling units are the maximum allowed for the property and that no other GRFA or dwelling units may be added to the project in the future. The standards for CCI zoning would have allowed approximately 11,200 square feet of GRFA and eight dwelling units. On October 22, 1990, the PEC approved an exterior alteration and a site coverage variance to allow an airlock to be constructed for the Szechuan Lion Restaurant. At the time of the request the building had a site coverage of 83.2 percent. The proposed airlock was an additional 60 square feet. The approval allowed the building to reach a site coverage of 83.6 percent. Staff recommended approval, primarily because the Zoning Code at the time emphasized the need for airlocks. C. Bridge Street Lodge (Golden Peak House) On November 2, 1993, the Vail Town Council approved a Special Development District for the Golden Peak House. This included, among other things, a site coverage request which exceeded the 80% allowed in CCI. At the time of the proposal, the existing Golden Peak House on the existing lot had a site coverage of 91.6 %. Under the approved plans with the expanded lot, the site coverage will be 94 %. D. Vista Bahn Building On March 13, 1995, a request for a major exterior alteration in the Commercial Core 1 zone district and site coverage, stream setback, and common area variances and conditional use permits to allow office space on the third floor and to allow an outdoor dining deck, to provide for the redevelopment of Serrano's was approved by the Planning and Environmental Commission. This approval granted a site coverage variance of 83.9% as several buildings in the vicinity had site coverages in the range of 83 %. On August 24, 1998, the Planning and Environmental Commission approved a variance and minor exterior alteration to allow for a new entry to the building which increased the site coverage by 53.5 square feet to a total of 85.0 %. The reason for the minimal Town of Vail Page 15 10/4/2011 7 -2 -71 increase in site coverage is that most of the addition occurred within the Town of Vail right -of -way which does not count against the site coverage calculation for the site. On April 28, 2003, the Planning and Environmental Commission denied a variance request to increase site coverage from 85.0% to 87.2 %. E. Clock Tower Building On August 12, 1991, the PEC denied a request for a site coverage variance at the Superstars Studio within the Clock Tower Building. The PEC found that the property was not encumbered with a physical hardship. The existing site coverage was 87 %. The request for an additional 28 square feet would have put site coverage at 87.2 %. The staff recommended denial and the PEC concurred. F. Covered Bridge Building The Covered Bridge building was approved for redevelopment in 1993. The applicants originally requested five variances and a floodplain modification, but ultimately designed a building which conformed to all zoning standards was approved. G. Slifer Building The Slifer Building was built in the early 1960s and annexed into the newly established Town of Vail. On February 24, 1992, the Planning and Environmental Commission approved a site coverage variance request that added approximately 57 sq. ft. of site coverage to the Slifer Building, increasing site coverage from 92.1% to 93.9 %. On April 13, 1998 the Planning and Environmental Commission approved a site coverage variance to allow for a remodel and expansion to the Slifer Building. The proposal increased the total site coverage by 103 sq. ft. for a total of 3,129 sq. ft. (97.1 %). On March 8, 2004, the Planning and Environmental Commission approved a site coverage variance to expand Sweet Basil, increasing site coverage to 97.5 %. VIII. STAFF RECOMMENDATION The Community Development Department recommends approval, with conditions, of the request for a major exterior alteration, pursuant to Section 12 -7B -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of GRFA, located at 288 Bridge Street, Unit R -2 (Rucksack Building) /Part of Lots C & D, Block 5, Vail Village Filing 1, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve the exterior alteration, the Community Development Department recommends the Commission make the following motion: Town of Vail Page 16 10/4/2011 7 -2 -72 "The Planning and Environmental Commission approves a major exterior alteration, pursuant to Section 12 -7B -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of GRFA (Rucksack Building), located at 288 Bridge Street, Unit R -2 /Part of Lots C & D, Block 5, Vail Village Filing 1, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve the exterior alteration, the Community Development Department recommends the Commission imposes the following conditions: "1. All additions to Unit R -2 are approved except for the addition to the fourth floor tower." 2. This approval is contingent upon the applicant obtaining Town of Vail design review approval for this proposal." Should the Planning and Environmental Commission choose to approve the exterior alteration and variances, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: 1. That the proposed exterior alteration is in compliance with the purposes of the Zoning Regulations, as specified in Section 12 -1 -2, Purpose, Vail Town Code; and 2. That the proposal is consistent with applicable elements of the Vail Comprehensive Plan; and 3. That the proposal does not otherwise negatively alter the character of the neighborhood." The Community Development Department recommends approval, with conditions, of the request for a major exterior alteration, pursuant to Section 12 -7B -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions of enclosed floor area, a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 14 -17, Setback from Watercourse, Vail Town Code, to allow for encroachments into the Mill Creek setback and a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 7B -15, Site Coverage, Vail Town Code, to allow for additions of enclosed floor area in excess of allowable site coverage, located at 288 Bridge Street, Unit R -1 (Rucksack Building)/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to approve the exterior alteration and variances, the Community Development Department recommends the Commission make the following motion: Town of Vail Page 17 10/4/2011 7 -2 -73 "The Planning and Environmental Commission approves a major exterior alteration, pursuant to Section 12 -7B -7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for additions of enclosed floor area, a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 14 -17, Setback from Watercourse, Vail Town Code, to allow for encroachments into the Mill Creek setback and a variance, pursuant to Chapter 12 -17, Variances, Vail Town Code, from Section 12- 7B -15, Site Coverage, Vail Town Code, to allow for additions of enclosed floor area in excess of allowable site coverage, located at 288 Bridge Street, Unit R -1 (Rucksack Building)/ Part of Lots C & D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve the exterior alteration and variances, the Community Development Department recommends the Commission imposes the following condition: "1. This approval is contingent upon the applicant obtaining Town of Vail design review approval for this proposal." Should the Planning and Environmental Commission choose to approve the exterior alteration and variances, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: 1. That the proposed exterior alteration is in compliance with the purposes of the Zoning Regulations, as specified in Section 12 -1 -2, Purpose, Vail Town Code; and 2. That the proposal is consistent with applicable elements of the Vail Comprehensive Plan; and 3. That the proposal does not otherwise negatively alter the character of the neighborhood. 4. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone district. 5. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 6. That the variance is warranted for one or more of the following reasons: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone district. c. The strict or literal interpretation and enforcement of the specified Town of Vail Page 18 10/4/2011 7 -2 -74 regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district." IX. ATTACHMENTS A. Vicinity Map B. Applicant narratives C. Architectural plans D. Letter from the A &D Building Town of Vail Page 19 10/4/2011 7 -2 -75 EXHIBIT Rand����� �� -- -----' — I • From: Jeff Selby > Sent: Wednesday, August 24, 2011 8:52 AM To: Randall M. Livingston Subject: Fwd: PEC review of the residences at the Rucksack Buflding PE[ approval. Sent from my iPhone Begin forwarded message: From: "Rachel Friede Dimond" <RDimond@vailgov.com> Date: August 23, 2011 8:21:47 AM MDT ][o: "Jeff Selby" <iselby@teatrotower.com> Subject: RE: PEC review of the residences at the Rucksack Building We consider the former scott building to be part of one development site with the rucksack.. so if your civil settlement says they cannot build over, you will need to address this through civil action. Rachel F. Dimond Town Planner Community Development Department ��N�� OF ���� o�nn,n �x wxox� 970.479.2440 970.479'2452 fax www.vai>0ov.onm/comdmv ~_ _ ____�� From: Jeff Selby [mailto:jselby@teatrotower.com] Sent: Monday, August 22, 2011 5:14 PM To: Rachel FhmdeDimond Subject: RE: PEC review of the residences at the Rucksack Building Thanks for the update. Were there any conditions to approval or can the residential owners build over the property flne, off the current condominium property? 1 |*4/Z0|l Thank you, Jeff From: Rachel Friede Dimond [mailto:RDimond @vaiigov.com] Sent: Monday, August 22, 2011 4:58 PM To: Jeff Selby Subject: RE: PEC review of the residences at the Rucksack Building Here is the memo. They got approval for all proposed additions, including the bump out to the tower 4 floor. Let me know if you have questions. Rachel F. Dimond Town Planner Community Development Department TOWN F 970.479.2440 970.479 -2452 fax www.vallgov.com/comdev From: Jeff Selby [mailto:jselby©teatrotower.com] Sent: Monday, August 22, 2011 6:54 AM To: Rachel Friede Dimond Subject: FW: PEC review of the residences at the Rucksack Building Hi Rachel, Just a quick note to say thanks for the help on opening the file with the proposed expansion plans for the 2 residential units at the "Old Rucksack" Building. Not only do they go over the property line to the north, as we do not yet have a modified condo plat making the "New Bridge Street Building" a single building association but the plan for R -2 does not comply with the Court Settlement planned area of expansion and I have not approved that new larger plan that is to go to PEC today. Also, since none of the floor plans showing the expansion areas are with dimensions I can not tell if the unit expansions comply with the approved areas. Hopefully that is the 2 10/4/2011 7 -2 -78 intent but it is not possible to know for sure. It is my intent to get the condo documents and plat map of the combined buildings approved and executed by all the owners in the near future. 1 will keep you advised of that process as and when the condo decs get fully completed. Can you please forward a copy of the staff report for the PEC meeting once finalized? Thank you, Jeff From: Rachel Friede Dimond [mailto:RDimond @vailoov.com] Sent: Monday, August 08, 2011 2:20 PM To: Jeff Selby Subject: RE: sign program This will definitely be a condition of approval. Thanks for the comments. As always, thanks for supporting this project with your comments. Rachel F. Dimond Town Planner Community Develo ment Department TOWN OF VAIL 970.479.2440 970.479 -2452 fax www.vailgov.com /comdev <http: / /www.vailgov.com/comdev> From: Jeff Selby [ mailto:jselbv(ateatrotower.com1 Sent: Friday, August 05, 2011 2:31 PM To: Rachel Friede Dimond Subject: Re: sign program Hi Rachel: Has the Staff Report for Monday's hearing been completed yet? By the way, maybe requiring a final revised Condo Map and related Declaration to be approved and recorded, combining the 2 properties would be an appropriate prerequisite to final approvals so the residences can in fact build off -site (to the north of the old "Rucksack Building ") per their plans. I know this is something you have been requesting (as have I) since the building was completed over a year ago. Just a thought. 3 10/4/2011 7 -2 -79 Thank you and have a nice Jeff Sent from my iPhone On Jul 28, 2011, at 1:18 PM, "Rachel Friede Dimond" <RDimond@vailgov.com> wrote: 1 will send it over once its done. Rachel F. Dimond Town Planner Community Deveopment Department <image001.png> 070.479.2448 970.479-2452 fax wwvv.vmi|gov.nom/oomdev ":b[tp:Vvvpvvv.vailgnvzwo/cpzodev> From: Jeff Selby rmailto:iselbvteatrotower,com] Sent: Wednesday, July 27, 2011 11:36 AM To: Rachel Friede Dimond Subject: Re: sign program Rachel: Thank you for your time yesterday. Is it possible for me to receive the information and your staff report (once ready) for the major exterior alteration request that has been submitted by Margo MuIIaIly and will be reviewed at the August 8th PEC Hearing? Thank you, Jeff On7/6/113:S6 PM, "Rachel Friede Dimond" <RDimondPvai|govzom <ooaibo;RDimnood@vaDgnv.00ro:'>wrote: Right now the proposal is on the northeast but the design I saw will not comply with building code. Further, the Town Council would have to approve further encroachment into the stream setback and Town property, which 1 think is a long shot. What are your thoughts? Rachel F. Dimond 4 |*4/20|] Town Planner Community Dev&opment Department <innaQe001.png> 970.479.2440 970.479-2452 fax www.vai|novzom/comdev <btty://v/vvvv.vuilpov.coo/corodcvz" <http://www.vai|nov.cum/cnmdpv <btLp://wvvvv'voilgov.000z/cnrodev>> From: ]eff5e|by[maUtojseibvPteatrutnvver.cnm <moilhn]uc{by@teatrwtwwcconcu> l Sent: Wednesday, July 06, 2011 11:49 AM To: Rachel Friede Dimond Subject: RE: sign program Rachel: Thanks and please let me know if anything 15 submitted. is the proposed elevator at the southeast corner of the building or at the northeast corner? Regards, Jeff Fronm:Rache|FhedeDimnnd[mai|,o:RoimundPvai|wovzom Sent: Wednesday, July 06, 2011 11:38 AM To: Jeff Selby Subject: RE: sign program Jeff- | have been talking to two architects about k8u||a||yaddit\un and an elevator addition. Nothing has been formally submitted. Rachel F. Dimond Town Planner Community Development Department <imageO01.pn8> 970.4792440 970.479-2452 fax wvxw.vai|woucom/comdev <bttp://ovn/nv.vailgov.coo»t000dov> > From: Jeff5e|by[mai|toise|bvW*teat,utower.com Sent: Wednesday, July 06 To: Rachel Friede Dimond Subject: RE: sign program Rachel: i understand that Joe's menu sign relocation was approved by ORB. Thank you for your help. Also can you tell me or advise me if either of the 2 residential owners at the Rucksack/Bridge Street Building 5 10/4/2011 submit any requests for improvements to their units and/or the building 1 would appreciate knowing if anything comes in. Best regards and hope you're having a great summer, Jeff Fnom:Rache|Friede0mond[mai|tn:RDimundPvai|nov.cnm Sent: Tuesday, May 31,ZO114:O6PKx To: Jeff Selby Subject: sign program Rachel F. DJmond Town Planner Community Development Department <ima@eOOl.pnD> 970.479.2440 970.479-2452 fax www.vai|mpv.com/comdev <bLU7://wvvvv.vailgov.00m/cozudev> <httn://wvvw.xai|xovznm/comdev <bttp://wwvv.vuilgov.ono/cnnodcv>^ End of Forwarded Message 6 10/4/2011 7 2 82 } Jr VL/ J OF Ni l VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 4, 2011 ITEM /TOPIC: 2011 Election Judge Appointments PRESENTER(S): Lorelei Donaldson /Pam Brandmeyer ACTION REQUESTED OF COUNCIL: Appoint seven regular and mail in /absentee judges to participate in the November 8, 2011 Regular municipal election. BACKGROUND: By Colorado State Statute, each polling place must have a minimum of three judges to assist with municipal elections. We are requesting the appointments of Vi Brown, Holly Cole, Mary Caster, Mary Ann Best, Summer Holm, and Earl Best and Carol McKown to be the Town of Vail election judges. I will also be using the assistance of town staff members, Pam Brandmeyer and Tammy Nagel, as election judges to also assist with the regular Town of Vail election. STAFF RECOMMENDATION: Appoint seven judges to assist with the November 8, 2011 Regular at- the -polls municipal election for the Town of Vail. ATTACHMENTS: Election Judge Appointment Memorandum 10/4/2011 MEMORANDUM TO: VAIL TOWN COUNCIL FROM: LORELEI DONALDSON, TOWN CLERK DATE: October 4, 2011 Council Meeting SUBJECT: APPOINTMENT OF REGULAR MUNICIPAL ELECTION JUDGES It is my pleasure to suggest the following seven prospective appointees as judges (at- the -polls and mail -in /absentee judges) for the Regular Municipal Election to be held Tuesday, November 8, 2011: Vi Brown — Supply Judge Mary Caster 556 Cortina Lane, P.O. Box 547 2510 Bald Mountain Road Vail, CO 81658 Vail, CO 81657 Holiday Cole Summer Holm 2084 Zermatt Lane, Unit C 1858 West Gore Creek Drive Vail, CO 81657 Vail, CO 81657 Carol McKown Mary Ann Best 2092 Zermatt Lane, #D 115 Lupine Lane; P.O. Box 51 Vail, CO 81657 Leadville, CO 80461 Earl Best 115 Lupine Lane, P.O. Box 51 Leadville, CO 80461 I plan to also enlist the help and assistance of the following town staff to assist with any and all aspects of the election as well: Tammy Nagel Pam Brandmeyer Legal Assistant/Deputy Clerk Assistant Town Manager/Deputy Clerk Thank you for your consideration and appointments of the above election judges for the Town of Vail Regular November 8, 2011 election. Sincerely, Lorelei Donaldson Vail Town Clerk/ /Chief Election Official 10/4/2011 8 -1 -1 Cc:. MINN OF NO VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 4, 2011 ITEM /TOPIC: First reading of Ordinance No. 19, Series of 2011, an ordinance repealing and reenacting Special Development District No. 29, The Valley Phase II, pursuant to Section 12- 9A-10, Amendment Procedures, Vail Town Code, to allow for the exchange of the on -site employee housing unit (EHU) requirement in accordance with the provisions of Section 12 -13- 5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code; located at 1460 Buffehr Creek Road, Unit G/ Lot G, Crossview At Vail, Phase 3, and setting forth details in regard thereto. PRESENTER(S): Rachel Dimond ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 19, Series of 2011, upon first reading. BACKGROUND: Special Development District No. 29, The Valley Phase II, was established by Ordinance No. 17, Series of 1993, adopted on September 7, 1993. The purpose of establishing SDD No. 29 was to provide "greater flexibility in the development of the land than would be possible under the current zoning of the property." Ordinance No. 6, Series of 1997, amended the SDD to add development potential for Tract A. There have been no further amendments to the SDD. STAFF RECOMMENDATION: The Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council at their September 26, 2011 hearing. ATTACHMENTS: Ordinance No. 19, Series of 2011 Memo Ordinance No. 19 Series of 2011 Attach A (Ordinance) Ordinance No. 19 Series of 2011 Attach B 10/4/2011 TOWN OF VAIL� Memorandum To: Vail Town Council From: Community Development Department Date: October 4, 2011 Subject: First reading of Ordinance No. 19, Series of 2011, an ordinance repealing and reenacting Special Development District No. 29, The Valley Phase 11, pursuant to Section 12- 9a -10, Amendment Procedures, Vail Town Code, to allow for the exchange of the on -site employee housing unit (EHU) requirement in accordance with the provisions of Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code; located at 1460 Buffehr Creek Road, Unit G/ Lot G, Crossview At Vail, Phase 3, and setting forth details in regard thereto. I. WHAT IS THE PURPOSE OF THIS HEARING? The purpose of this hearing is to review and take action on the first reading of Ordinance No. 19, Series of 2011. The purpose of this ordinance is to amend Special Development District No. 29, The Valley Phase 11, to allow the on -site EHU to be off - site, provided the applicant exchange complies with the EHU exchange program, as may be amended. II. WHAT IS THE BACKGROUND OF THIS APPLICATION? The background information, as well as other supporting documentation, can be found in Staff's memorandum to the Planning and Environmental Commission, found in Attachment B of this memorandum. III. WHAT DID THE PLANNING AND ENVIRONMENTAL COMMISSION RECOMMEND? The Planning and Environmental Commission recommended approval of this SDD amendment at their September 26, 2011 hearing, with the following condition: "The approval of a major amendment to SDD No. 29 is contingent upon the approval of an employee housing unit transfer in accordance with the provisions of Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code." Staff believes that because the ordinance is written to accommodate either an on- or off -site EHU, this condition is not necessary. 10/4/2011 9 -1 -1 IV. WHAT ACTION SHALL THE VAIL TOWN COUNCIL TAKE ON THIS REQUEST? The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 19, Series of 2011, upon first reading. Should the Vail Town Council wish to approve this ordinance upon first reading, the following motion should be made: "The Town Council approves, on first reading, Ordinance No. 19, Series of 2011, repealing and reenacting Special Development District No. 29, The Valley Phase 11, pursuant to Section 12- 9a -10, Amendment Procedures, Vail Town Code, to allow for the exchange of the on -site employee housing unit (EHU) requirement in accordance with the provisions of Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code; located at 1460 Buffehr Creek Road, Unit G/ Lot G, Crossview At Vail, Phase 3, and setting forth details in regard thereto." Should the Vail Town Council choose to approve Ordinance No. 19, Series of 2011, on first reading, the following findings should be made: "1. The proposal to amend Special Development District No. 29, The Valley Phase 11, complies with the nine design criteria outlined in Section 12 -9A- 8 of the Vail Town Code; and, 2. The applicant has demonstrated to the satisfaction of the Vail Town Council, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided; and, 3. The request is consistent with the development goals and objectives of the Town of Vail Comprehensive Master Plan." V. WHAT IS ATTACHED TO THIS MEMO FOR REFERENCE? A. Ordinance No. 19, Series of 2011 B. Staff memorandum to the Planning and Environmental Commission, with Attachments A and B only Town of Vail Page 2 10/4/2011 9 -1 -2 ORDINANCE NO. 19 Series of 2011 AN ORDINANCE REPEALING AND REENACTING SPECIAL DEVELOPMENT DISTRICT NO. 29, THE VALLEY PHASE II, PURSUANT TO SECTION 12- 9A -10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR THE EXCHANGE OF THE ON -SITE EMPLOYEE HOUSING UNIT (EHU) REQUIREMENT IN ACCORDANCE WITH THE PROVISIONS OF SECTION 12 -13 -5, EMPLOYEE HOUSING UNIT DEED RESTRICTION EXCHANGE PROGRAM, VAIL TOWN CODE; LOCATED AT 1460 BUFFEHR CREEK ROAD, UNIT G/ LOT G, CROSSVIEW AT VAIL, PHASE 3, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, amendments to a Special Development District are permitted pursuant to parameters set forth for such in Section 12 -9A -10 of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on September 26, 2011 to consider the proposed amendment in accordance with the provisions of the Town Code of the Town of Vail and forwarded a recommendation of approval with conditions to the Town Council of the Town of Vail based on the criteria and findings presented in the staff memorandum; and WHEREAS, Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, was established in order to provide an option for employee housing deed restrictions to be removed in exchange for a new deed restriction and /or payment to the Town of Vail; and WHEREAS, the Vail Town Council finds that the proposed amendment to Special Development District No. 29, complies with the review criteria outlined in Section 12 -9A -8 of the Vail Town Code and that the applicant has demonstrated that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided; and WHEREAS, the approval of the major amendment to Special Development District No. 29, and the development standards in regard thereto shall not establish precedence or entitlements elsewhere within the Town of Vail; and WHEREAS, all notices as required by the Vail Town Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to adopt the proposed amendments to Special Development District No. 29, which removes the on -site employee housing requirement, thus allowing the applicant to exchange the deed restriction in accordance with Section 12 -13 -5, Employee Housing Unit Ordinance No. 19, Series 2011 1 10/4/2011 9 -2 -1 Deed Restriction Exchange Program, Vail Town Code; and NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Special Development District No. 29, as established by Ordinance No. 17, Series of 1993, and amended by Ordinance No. 6, Series of 1997, is hereby repealed and reenacted as follows: [Note: All additions are illustrated with bold and deletions are illustrated with strikcthrough.} Section 1. Amendment Procedures Fulfilled, Planning Commission Report The Town Council finds that all procedures set forth in Chapter 40 Article 12- 9A(Special Development Districts) of the Vail Municipal Code have been fulfilled, and the Town Council has received the recommendation of approval from the Planning & Environmental Commission for the major amendment to Special Development District No. 29. Section 2. Purposes Special Development District No. 29 is established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail. The development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission, and there are significant aspects of the special development which cannot be satisfied through the imposition of the standards of the Residential Cluster zone district. Section 3. Special Development District No. 29 Established Special Development District No. 29 (SDD No. 29) is established for the development on two parcels of land. Tract A (upper development area) consists of .880 acres and Tract B -2 (lower development area) consists of 2.418 acres. Section 4. Development Plan A. The development plan for SDD No. 29 is approved and shall constitute the plan for development within the Special Development District. The development plan is comprised of those plans submitted by Parkwood Realty and consists of the following documents: 1. Final plat of The Valley, Phase II, a resubdivision of Tracts A and B, a part of parcel A, Lion's Ridge Subdivision Filing No. 2, completed by Intermountain Engineering, Limited dated July 8, 1993. Ordinance No. 19, Series 2011 2 10/4/2011 9 -2 -2 2. Structural engineering drawings by Ray T. Davis dated July 7, 1993. 3. Soils report for Tracts A -1 and A -2 by Koechlein Consulting Engineers dated June 21, 1993. 4. Site plan of the lower development area (Tract B -2) by Randy Hodges dated April 24, 1993, (Sheet number 1.) 5. Site plan for the upper development area (Tract A) by Randy Hodges dated November 6, 1991, (Sheet number 4.) 6. Detailed analysis of the retaining walls, driveway, prototypical building sections and regrading for the upper development area (Tract A) by Randy Hodges dated July 12, 1992, (Two sheets, unnumbered.) 7. Hazard analysis letters by Nicholas Lampiris, PhD, dated September 18, 1992 (two letters) and January 22, 1993 8. A landscape plan by Randy Hodges dated April 23, 1993, (Sheet number 2.) 9. A drainage plan by Range West, Inc. dated January 28, 1993. 10. Elevations of the seven single family homes to be constructed in the lower development area (Tract 8 -2), (Sheet numbers 7, 9, 11, 13, 15, 17.) These sheets correspond to homes A, B,C, D, E, and F. 11. Floor plans and elevations of residence G, by Randy Hodges dated September 1. 1993 sheet numbers 1, G2, G2a, and G3. This home is to be constructed in the lower development area (Tract B -2), and shall include a Type III employee housing unit, having 544- 433 square feet. Prior to issuance of a building permit for Residence G, the applicant shall sign a deed restriction on a form provided by the Community Development Department which shall conform to all requirements for a Type III employee housing unit, Section 18.57.060. This employee housing unit may be relocated off -site in accordance with Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code. 12. Other general submittal documents that define the development standards of the Special Development District. 13. Topographic survey, dated 1/27/97 identifying the proposed building envelope for Tract A. B. The development plan shall adhere to the following: Ordinance No. 19, Series 2011 3 10/4/2011 9 -2 -3 1. Acreage: The site is made up of two parcels: Tract A and 8 -2, The Valley, Phase II. Site A is made up of . 860 acres and site B -2 is made up of 2.418 acres. 2. Permitted Uses: a. Tract A 1. Single Family residential dwellings 2. Two Family residential dwellings 3. Primary/Secondary residential dwellings 4. Open Space 5. Public and private roads b. Tract B -2 1. Single Family residential dwellings 2. Open Space 3. Public and private roads 3. Conditional Uses: a. Public utility and public service uses b. Bed and Breakfasts as further regulated by Section 12 -14 -18 c. Type II EHU, located on Tract A 4. Accessory Uses: a. Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single - family residential uses. b. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190 12- 14-12; c. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof; 5. Setbacks: The setbacks shall be those shown on the site plans for Tract A and Tract 8 -2, or as provided for with the building envelopes. 6. Density: Approval of this development plan shall permit nine (9) Single Family dwelling units, two (2) units located on Tract A and seven (7) dwelling units located on Tract B -2. 7. Building Height: Building height shall be 33 feet for a sloping roof. Ordinance No. 19, Series 2011 4 10/4/2011 9 -2 -4 8. Parking: Parking shall comply with the requirements of Section 18.52 (Off - Street Parking and Loading). Each unit shall have a minimum of two enclosed parking spaces. 9. GRFA: GRFA for Tracts A and B -2 shall conform to paragraph 11(E) of this ordinance. 10. Landscaping: The area of the site to be landscaped shall be as indicated on the landscape plan. A detailed landscape plan shall be submitted to the Design Review Board for their approval. The Design Review Board approved final landscape plan shall provide at least the minimum number of trees and shrubs shown on the plan prepared by Randy Hodges dated April 23, 1993 reviewed by the Planning and Environmental Commission on July 12, 1993. 11. Design Requirements: At time of DRS submittal, the applicant shall submit drawings that meet the following requirements: a. The buildings on Tract A shall be "benched -in" into the hillside and stepped with the natural contours of the site. Site excavation should be no more than necessary to accommodate the proposed development. Extensive site grading to create a flat building site shall not be permitted. In order to ensure compliance with the above, finished grades on the north, east and west elevations of buildings shall not deviate more than 4 feet from existing grade at any point. b. The Buildings on Tract A shall be designed with the internal hazard mitigation recommended by Mr. Nick Lampiris in his hazard analysis dated September 18, 1992 (two letters) and January 22, 1993. c. The Buildings on Tract A shall be designed with a turn - around using the apron in front of the garage. The garage and apron may be located at any point along the southern edge of the envelope. The Fire Department shall require that 35 feet be provided between the front of the garage door and the far edge of pavement of the driveway. There shall be a minimum height of 12.5 feet of clearance in the turnaround area to allow for fire truck maneuvering. d. The sod areas shall align with the existing sod areas of Grouse Glen located to the west of Tract B -2 and the sod type shall match Grouse Glen. e. The GRFA of the proposal shall comply with the following chart: The GRFA Ordinance No. 19, Series 2011 5 10/4/2011 9 -2 -5 allocated for each residence in the lower development area (TractB -2) and in the upper development area (Tract A) may be modified up to 50 square feet per unit as long as the total GRFA for each tract does not exceed the maximum of 15,111 square feet 13,623 (13,31'1 +309) for the lower development area (Tract B -2) and 5993 (6,152 159) for the upper development area (Tract A). Lower development area (Tract B -2) Basc Floor Arctic* Crcdit GRFA Garagc crcdit A 1816 225 20'11 2082 463 B 1816 225 20'11 2115 493 C 18'15 225 2070 2051 493 D 21'18 225 2373 2100 486 E 1675 225 4900 1937 492 F 2157 225 2382 2409 483 G 1857 +309 ** 450 2616 2417* 45,9 Total 43623 15,111 Upper development area (Tract A): Tract A -1 3784 Tract A -2 2813 Tract A TOTAL 5993 450 6443 6597 1200 *Includes EHU square footage that may be absorbed into Residence G. * • • - - - • - - - - 11 - 11 column as long as thc GRFA docs not cxcccd thc total shown for ctiach tract. ** - - • ! - - - - -- -- - -- 150 grantcd by thc Town of Vail. f. Prior to excavation of either building site on Tract A, the applicant shall either document that all excavation will occur on -site or shall provide letters from adjacent property owners allowing the excavation to encroach. g. Prior to June 1, 1997, the existing viewing deck on Tract A must be removed. h. The existing driveway cut for Tract A shall be shown on the final plat as the only permitted access to the site. 12. Recreation Amenities Tax: The recreation amenities tax is $.30 per square foot. Ordinance No. 19, Series 2011 6 10/4/2011 9 -2 -6 13. Drainage Plan: Prior to issuance of any building permits within this SDD, the applicant shall provide a drainage plan which meets the standards of the Town Engineer. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4 day of October, 2011 and a public hearing for second reading of the Ordinance set for the 18 day of October, 2011 in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance No. 19, Series 2011 7 10/4/2011 9 -2 -7 Ordinance No. 19, Series 2011 8 10/4/2011 9 -2 -8 (°%\.) TOWN OF PAIL Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 26, 2011 SUBJECT: A request for a final recommendation to the Vail Town Council for a major amendment to Special Development District No. 29, The Valley Phase II, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the exchange of the on -site employee housing unit (EHU) requirement in accordance with the provisions of Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code; located at 1460 Buffehr Creek Road, Unit G/ Lot G, Crossview at Vail, Phase 3, and setting forth details in regard thereto. (PEC110051) Applicant: Craig B. Cohn and Sharon M. Puczynski Planner: Rachel Dimond SUMMARY The applicants, Craig B. Cohn and Sharon M. Puczynski, are requesting review of a major amendment to Special Development District No. 29, The Valley Phase II, in order to remove the on -site employee housing unit requirement and subsequently transfer the deed restriction to another unit in accordance with the provisions of Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for this application, subject to the findings noted in Section VIII of this memorandum. Attached for review is a vicinity map (Attachment A), the applicant's request (Attachment B), Ordinance No. 17, Series of 1993 (Attachment C), Ordinance No. 6, Series of 1997 (Attachment D), and a draft of Ordinance No. 19, Series of 2011 (Attachment E). II. DESCRIPTION OF REQUEST The applicants, Craig B. Cohn and Sharon M. Puczynski, are requesting the Planning and Environmental Commission forward a recommendation to the Vail Town Council on a major amendment to Special Development District No. 29, The Valley Phase II. The 10/4/2011 9 -3 -1 amendments, as outlined in Ordinance No. 19, Series of 2011 (see Attachment C), are summarized as follows: • Remove the provision that Residence G have an on -site employee housing unit; and • Amend the allowable Gross Residential Floor Area (GRFA) to reflect the changes in GRFA calculation, which does NOT result in any increase in allowable GRFA, except for Residence G, which will absorb the EHU floor area. Should the on -site EHU requirement be removed, the applicant is requesting to transfer the deed restriction to a currently non - deed - restricted unit in accordance with Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code. While the SDD language states the EHU be 534 square feet, the recorded deed restriction is for 433 square feet, as is shown on the floor plans. These regulations would require that in exchange for removing the deed restriction from the 433 square foot EHU, the proposed employee housing unit would have to be at least 866 square feet if it is located outside the commercial job core, as is to be proposed. III. BACKGROUND Special Development District No. 29, The Valley Phase II, was established by Ordinance No. 17, Series of 1993, adopted on September 7, 1993. The purpose of establishing SDD No. 29 was to provide "greater flexibility in the development of the land than would be possible under the current zoning of the property." Ordinance No. 6, Series of 1997, amended the SDD to add development potential for Tract A. The SDD was erroneously labeled SDD No. 28, which was already utilized by The Christiania. As a result, the SDD number was changed, along with a few other minor changes, in Ordinance No. 6, Series of 1997, which was adopted on March 25, 1997. There have been no other amendments to the SDD. IV. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Vail Town Code are relevant to the review of this proposal: TITLE 12: ZONING REGULATIONS, VAIL TOWN CODE ARTICLE A. SPECIAL DEVELOPMENT (SDD) DISTRICT (in part) 12 -9A -1: PURPOSE AND APPLICABILITY: A. Purpose: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the Town of Vail Page 2 10/4/2011 9 -3 -2 community as stated in the Vail comprehensive plan. An approved development plan for a special development district, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. 12 -9A -2: DEFINITIONS: MAJOR AMENDMENT (PEC AND /OR COUNCIL REVIEW): Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this section), except as provided under section 12 -15 -4, "Interior Conversions ", or 12 -15 -5, "Additional Gross Residential Floor Area (250 Ordinance) ", of this title. 12 -13 -5: EMPLOYEE HOUSING UNIT DEED RESTRICTION EXCHANGE PROGRAM: A. 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. B. Applicability: The program established under this section applies to existing employee housing units. This shall not apply to any existing employee housing unit that is already price appreciation capped or any employee housing unit established to meet the on site employee mitigation requirements of chapter 23, "Commercial Linkage ", or chapter 24, "Inclusionary Zoning ", of this title or as part of an approved development plan. C. Definitions: For the purpose of this section: COMMERCIAL JOB CORE: Those areas located south of Interstate 70, east of the intersection of Forest Road and South Frontage Road, north of Vail Mountain, and west of the town of Vail soccer fields on Vail Valley Road, as further defined by exhibit A of this section. Exchange EHU: The existing non -price appreciation capped employee housing unit or other unit with an employee housing deed restriction that is being proposed to have the deed restriction released as part of this program. Proposed EHU: The existing dwelling unit that is being proposed to receive an employee housing deed restriction as part of this program. D. General Requirements: The Town Council may approve the removal of an employee housing deed restriction from an existing employee housing unit in exchange Town of Vail Page 3 10/4/2011 9 -3 -3 for the placement of an employee housing deed restriction on to another dwelling unit, and /or the payment of a fee -in -lieu. 1. Exchange EHU requirements: a. The exchange EHU shall not be part of any employee housing project developed or deed - restricted (in part or in whole) by the Town of Vail. b. The exchange EHU shall not be part of any on -site employee housing mitigation required by inclusionary zoning, commercial linkage, or as part of an approved development plan. c. The property that includes the exchange EHU shall comply 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. 2. Proposed EHU requirements: a. The proposed EHU(s) shall be located within the Town of Vail. b. The proposed EHU(s) shall be within a homeowners association that does not preclude deed restricted units, does not have a right of first refusal, does not have right to approve the sale or the sale contract, or have any other requirements deemed to be similarly restrictive by the Administrator. c. The proposed EHU shall comply with the minimum size requirements shown in Table 13 -2. TABLE 13 -2: MINIMUM SIZE OF PROPOSED EHUs Type Of Unit Minimum Size (GRFA) Studio 438 square feet 1 bedroom 613 square feet 2 bedroom 788 square feet 3+ bedrooms 1,225 square feet d. The proposed EHU shall contain a kitchen facility or kitchenette and a bathroom. e. The property on which the proposed EHU is located shall comply with Chapter 12 -10, Off - Street Parking and Loading, Vail Town Code. f. The proposed EHU shall have its own entrance. There shall be no interior access from the proposed EHU to any dwelling unit to which it may be attached. 3. Exchange Rate for Proposed EHUs: a. If the exchange EHU(s) is within the commercial job core and the proposed EHU(s) is also within the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of two (2) times the gross residential floor area (GRFA) of the exchange EHU. b. If the exchange EHU is within the commercial job core and the proposed EHU(s) is outside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of three (3) times the gross residential floor area (GRFA) of the exchange EHU. Town of Vail Page 4 10/4/2011 9 -3 -4 c. If the exchange EHU is outside of the commercial job core and the proposed EHU(s) is inside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of one and one -half (1.5) times the gross residential floor area (GRFA) of the exchange EHU. d. If the exchange EHU is outside of the commercial job core and the proposed EHU(s) is outside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of two (2) times the gross residential floor area (GRFA) of the exchange EHU. 4. No Credit Given: If the gross residential floor area (GRFA) of the proposed EHU(s) is in excess of the minimum required gross residential floor area (GRFA) as set forth in Subsection D3 above, the additional gross residential floor area (GRFA) shall not be eligible for use as any form of future credit or for the Commercial Linkage or Inclusionary Zoning employee housing mitigation banks established by Sections 12 -23 -7 and 12 -24 -7, Vail Town Code. 5. Fee -In -Lieu: The applicant may elect to provide a fee -in -lieu payment to the Town of Vail for any portion of the required square footage not provided by a proposed EHU. The town shall only use monies collected from the fees in lieu to provide new employee housing. The applicant shall pay a fee -in -lieu equal to the following formulas: Existing EHU sq. ft. x multiplier x inclusionary zoning fee = Fee -in -Lieu Payment a. If the exchange EHU was approved prior to July 22, 1994 and has a deed restriction that includes the language stating "if the unit is rented, it shall be rented only to tenants who are full time employees ," the formula for fee -in -lieu payment is: [the square footage of the exchange EHU as recorded on the deed restriction] x [the current rate for inclusionary zoning fee -in -lieu] x 1 b. If the exchange EHU was approved after July 22, 1994 and /or does not have a deed restriction that includes the language stating "if the unit is rented, it shall be rented only to tenants who are full time employees ", and If the exchange EHU is outside of the commercial job core, the formula for fee -in -lieu payment is: [the square footage of the exchange EHU as recorded on the deed restriction] x [the current rate for inclusionary zoning fee -in -lieu] x 2 c. If the exchange EHU was approved after July 22, 1994 and /or does not have a deed restriction that includes the language stating "if the unit is rented, it shall be rented only to tenants who are full time employees ", and is within the commercial job core, the formula for fee -in -lieu payment is: [the square footage of the exchange EHU as recorded on the deed restriction] x [the current rate for inclusionary zoning fee -in -lieu] x 3 F. Review Process: Town of Vail Page 5 10/4/2011 9 -3 -5 1. Submittal Requirements: The administrator shall establish the submittal requirements for an employee housing deed restriction exchange application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the community development department. Certain submittal requirements may be waived and /or modified by the administrator and /or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed exchange. The administrator and /or the reviewing body may require the submission of additional materials if deemed necessary to properly evaluate the application. 2. Review Procedures: a. Administrator Review: The administrator shall review the application for completeness and compliance with this section, and shall make a determination of completeness and compliance with this section within fourteen (14) days of application submittal. Should the administrator deem that the application is incomplete or not in compliance with this section, the administrator shall deny the application. Should the administrator deem the application is both complete and in compliance with this section, the administrator shall forward the application for review by the Vail local housing authority. b. Vail Local Housing Authority Review: The review of a proposed employee housing deed restriction exchange application shall be held by the Vail local housing authority at a regularly scheduled meeting. A report of the community development department staff's findings and recommendations shall be made at the formal hearing before the Vail local housing authority. Within twenty (20) days of the closing of a public hearing on a proposed amendment, the Vail local housing authority shall act on the application. The authority may recommend approval of the application as initiated, may recommend approval with such modifications as it deems necessary to accomplish the purposes of this title, or may recommend denial of the application. The authority shall transmit its recommendation, together with a report on the public hearing and its deliberations and findings, to the town council. c. Town Council Review: Upon receipt of the report and recommendation of the authority, the town council shall set a date for hearing within the following thirty (30) days. Within twenty (20) days of the closing of a public hearing on the application, the town council shall act on the application. The town council shall consider but shall not be bound by the recommendation of the Vail local housing authority. The town council may approve, either in accordance with the recommendation of the Vail local housing authority or in modified form, or the council may deny the application. 3. Criteria and Findings: a. Criteria: Before acting on an Employee Housing Deed Restriction Exchange application, the Vail Local Housing Authority and Vail Town Council shall consider the following criteria with respect to the application: 1. The proximity and accessibility of the proposed EHU(s) to the Commercial Job Core and public transportation; and Town of Vail Page 6 10/4/2011 9 -3 -6 2. The size of the proposed EHU(s) in relation to the minimum employee housing unit sizes established for Commercial Linkage mitigation in Section 12 -23 -3, Vail Town Code; and 3. The effect of any homeowners association dues or maintenance fees imposed upon the proposed EHU(s) on the affordability of the proposed unit for an employee; and 4. The correlation between any homeowners association fees imposed upon the proposed EHU(s) and the services and amenities provided by the homeowners association. 5. The extent to which the exchange is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 6. The extent to which the exchange presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and 7. The extent to which the exchange provides for the growth of an orderly viable community and serves the best interests of the community as a whole. Town Of Vail Employee Housing Strategic Plan OBJECTIVES F. Increase and maintain deed - restricted housing within the Town to encourage the efficient use of resources by placing employees closer to their place of work. It is understood there is a reduced need for personal automobiles and reduced transit costs when home and work are in close proximity to one another. Also, there may be changes in workforce demographics that result in opportunities to reduce parking associated with affordable housing in selected locations. To the extent these opportunities can be realized, without negative impacts on the overall community, they will be explored. Employee Housing Units Exchange Program The Town will conduct a review of the "dispersed housing units" that have been created under the density bonus provisions allowed by Town Code since 1982. It is estimated that 123 units were created under the existing program, typically ranging in size from 300 to 500 square feet. It is believed that many of these units are not being used to house employees as anticipated by the program. Although these units are covered by various types of deed restrictions, the requirements are not uniform and in many cases are not meeting the objective of providing long -term dispersed employee housing. The Town will evaluate the current program and will consider a "deed restriction exchange program" as a part of this overall effort. The program would likely permit, at the initiation of the landowner, the exchange of small rental units for a larger for -sale, price appreciation capped employee housing unit. Guidelines for the program will be developed. It is expected that these standards will address recommended size of units, Town of Vail Page 7 10/4/2011 9 -3 -7 location, homeowner's fees and other aspects of the program. Such a program has been recently tried in Vail. It is believed that other dispersed employee units, not currently in use, could be leveraged into permanently restricted units by using this technique; it could represent an important element of this overall plan. The Units Exchange Program is to increase the quality and the total quantity of employee housing within the Town of Vail. Achieves Objectives B, E, F, and G. V. SITE ANALYSIS Address: 1460 Buffehr Creek Road Legal Description: Crossview at Vail Zone District: Residential Cluster (RC District), SDD No. 29, The Valley Phase II Land Use Designation: Medium Density Residential Development RC Zoning SDD No. 29/ Proposed Standard Existing Lot Area: 15,000 sq. ft. Tract A- 0.860 acres No change Tract B -2- 2.418 acres Total= 3.278 acres/ 142,789 sq. ft. Setbacks: - front 20 feet Per development plan No change - sides /rear 15 feet Building Height 30 feet flat Per development plan No change 33 feet sloping Dwelling Units /Acre 6 DU/ buildable 9 DU 9 DU acre EHU None required 1 on -site EHU in Unit G 1 EHU- 433 sq. ft. onsite or 866 sq. ft. off - site GRFA 36% of Tract A- 5,993 sq. ft. Tract A- * buildable area Tract B -2- 13,623 sq. ft. Tract B- 15,111 sq. ft. ** Site Coverage (max) 25% of total site Per development plan No change Landscape Area 60% of total site Per development plan No change (min) Parking Per Chapter 12 -10, Per Town Code, min 2 No change * ** Vail Town Code enclosed spaces * Tract A updated GRFA will be calculated prior to ordinance drafting * *Updated to reflect GRFA calculations under current regulations ** *Should the EHU be relocated off -site, existing EHU parking will be absorbed by Unit G, thus increasing their existing parking for that unit. Town of Vail Page 8 10/4/2011 9 -3 -8 VI. SURROUNDING LAND USES AND ZONING Existing Use Zoning District North: Residential High Density Multiple Family (HDMF) District West: Residential Residential Cluster (RC) District East: Residential Residential Cluster (RC) District South: Open Space Natural Area Preservation (NAP) District VII. REVIEW CRITERIA The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved: 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Staff finds that the proposed major amendment to incorporate an existing EHU into the adjacent dwelling unit does not affect design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation, as none of these components change. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Staff finds the removal of an on -site employee housing unit will reduce density and will improve the workable relationship with surrounding uses and activity. The purpose of the on -site employee housing unit was to provide more employee housing, but also potentially house someone who would manage the facilities on- site. Since the employee housing unit is not utilized by someone working on -site, the use may be better suited at a location near transportation and job cores. 3. Parking And Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. Staff finds the removal of the employee housing unit will improve compliance with parking and loading requirements as outlined in Chapter 12 -10, Vail Town Code. Unit G is already in compliance with parking requirements, as they have 2 enclosed spaces plus at least 2 additional spaces outside the garage. The employee housing unit has one space outside the unit, but today would be required to have at least two Town of Vail Page 9 10/4/2011 9 -3 -9 spaces. The one parking space outside will be absorbed by Unit G and will eliminate a non - compliant unit with regard to parking. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. Staff finds the application complies with Objective F of the Town of Vail Employee Housing Strategic Plan, which calls for "placing employees closer to their place of work." The removal of the on -site employee housing unit and relocation to somewhere closer to public transportation and /or the job core will improve the employee experience and will provide for a more usable employee housing unit. Further, the Town of Vail Employee Housing Strategic Plan calls for an exchange program, which was created as a result of the plan. This exchange program is being proposed to be utilized in order to replace an underperforming EHU with a performing EHU. 5. Natural And/ Or Geologic Hazard: Identification and mitigation of natural and /or geologic hazards that affect the property on which the special development district is proposed. Staff finds that this criteria is not applicable to this application. The EHU in question is not located in a hazard area. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Staff finds that because the structure and site plan are not changing at all, this criteria is not applicable. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. Staff finds that the removal of one unit on site will reduce congestion on and off site. This is the result of fewer vehicles likely traveling to this location, one less unit accessed off the shared drive, and less pedestrians walking down the street to reach public transportation. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Staff finds that because the structure, site and landscaping plan are not changing at all, this criteria is not applicable. Town of Vail Page 10 10/4/2011 9 -3- 10 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Staff finds that because the structure is not changing, and the SDD is built out, this criteria is not applicable. VIII. RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with conditions, to the Vail Town Council for the proposed major amendment to Special Development District No. 29, The Valley Phase II. Staff's recommendation is based upon a review of the criteria and findings as outlined in this memorandum and from the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval with conditions of this major amendment to a special development district, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval with conditions of the request for a proposed major amendment to Special Development District No. 29, The Valley Phase I1, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the exchange of the on -site employee housing unit (EHU) requirement in accordance with the provisions of Section 12- 13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, located at 1460 Buffehr Creek Road, Unit G/ Lot G, Crossview at Vail, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward a recommendation of approval of this major amendment to a special development district, the Community Development Department recommends the Commission apply the following condition: "The approval of a major amendment to SDD No. 29 is contingent upon the approval of an employee housing unit transfer in accordance with the provisions of Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code." Should the Planning and Environmental Commission choose to forward a recommendation of approval with condition(s) of this major amendment to a special development district, the Community Development Department recommends the Commission make the following findings: Town of Vail Page 11 10/4/2011 9 -3- 1 I "Based upon the review of the criteria outlined in Section VIII of the September 26, 2011 staff memorandum and the evidence and testimony presented, the Planning and Environmental Commission finds: "1. The proposal to amend Special Development District No. 29, The Valley Phase 11, complies with the nine design criteria outlined in Section 12 -9A -8 of the Vail Town Code; and, 2. The applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided; and, 3. The request is consistent with the development goals and objectives of the Town of Vail Comprehensive Master Plan." IX. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Ordinance No. 17, Series of 1993 D. Ordinance No. 6, Series of 1997 E. Draft Ordinance No. 19, Series of 2011 Town of Vail Page 12 10/4/2011 9 -3- 12 Crossview at Vail, Phase 3, Lot /Unit G 1., (1460 Buffehr Creek Road) Al . . .« 44 ' , - Y 't ' s'... "S ;' 't Al w 4 ..,, y , ,. ,,4 0-• / 0 4 ' ' /‘ , 7,? hitt,, .,--" i i i , , 1 , 1 ,, - . 1. ' , fi / /, / r , t a ` i , i i ' ''-‘ ' 1 : • ., :', t I N ' 'lilt*: ..*•teeTh " 5'7,4 ' 1' 1 , 4 'r' . -44, —. '‘:: : — ' / y N . � , � — � � + * ,y .-�� / t Y h • , f + . Y 11= i d _ ' 1 � ? ' d ai .��,1, rl • a R _ 3/4 ,, .As 'L ' ' " ::.;. P C 4 i t } - _ ' a 4 " k . . r • 2 ' ., . } . ,�` S C I fi r d w s ' y 04' / t - gi p - -, -/ - - �;. a r» A , 0 Feet 0 75 150 300 Last MOa e ®a September fi zoii 1aWI1 or YA 10/4/2011 9 -3 -13 A • Department of Community Development 75 South Frontage Road Vail, CO 81657 August 9, 2011 RE: CRAIG COHN /SHARON PUCZYNSKI — Application for a Major Amendment to SDD No.29 — No Exterior Modifications: Crossview at Vail, 1460 Buffehr Creek Road, Unit G, Vail, Colorado 81657 To Whom It May Concern, As owners of 1460 Buffehr Creek Road — Unit G, we submit the following application for a Major Amendment to an SDD, no exterior modifications. Our 2272 SF residence contains a 433 SF Employee Housing Unit (EHU), which was required per the Special Development District (SDD) No. 29, The Valley Phase II. We are proposing to relocate this EHU to an alternate property in Vail, per the newly modified EHU Exchange Program. Prior to applying for the EHU exchange, we must first receive approval on our proposed Major Amendment to an SDD, no exterior modifications. Our proposed Major Amendment (no exterior modifications) to SDD No. 29, The Valley Phase II, is to update the GRFA table of Ordinance No. 6, Series of 1997 to reflect the existing GRFA for Crossview at Vail as depicted in the table below* as well as delete the provision for the inclusion of the EHU in Unit G located in Section 4 No. 11. The allowable GRFA for SDD No. 29, The Valley Phase II, Lower Development Area, which includes Unit G is limited to 13,623 SF. The following GRFA analysis was calculated and confirmed by Warren Campbell, Senior Planner June 4, 2005 and is located in the Community Development serving as official record. *Existing GRFA for Crossview at Vail (7 UNITS) Unit A 2082 SF Unit B 2115 SF Unit C 2051 SF Unit D 2100 SF Unit E 1937 SF >` Unit F 2409 SF Unit G 2417 SF (INCLUDES 433 SF EHU) TOTAL 15,111 SF 10/4/2011 9 3 14 I � i • . n — ; 7 1 , i ,:,„, . , , / ,,, • _. 1.-"V. , , - \!.' 4- : r '� ; ' � ' " ) r - # -- f� *'! 1 r . ur r i J l ip! s ` "'�e 4Z ............,\.::). 1 a.4 l i, i 11�3 1� 5 :)," iv r t Y � C° 1F Pl iq ,- f'Ic a ' _ r r Y ., y Y ...,, 1 1 0 , , , ., 4), 4, • v, .. "1,1 1 J J{ . _! �R �[ {^1 ` �., ? � i J f ' J CL!! Y i . IJI � y j i I { i • R 1 r y r u \ l 1 'it r i ' ' , a tti AC W a\ j r I . 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