HomeMy WebLinkAbout2011-10-18 Agenda and Support Documentation Town Council Evening SessionVAIL TOWN COUNCIL
EVENING SESSION AGENDA TON OF VA10
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
4:30 P.M., OCTOBER 18, 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.
ITEM /TOPIC: Consent Agenda:
1) Vail Police Department Volunteer Proclamation;
2) Approval of September 6 and 20 Council meeting minutes; and
3) Resolution No. 19, 2011, A Resolution Approving the Operating Plan and
Budget of the Vail Local Marketing District, for its Fiscal Year January 1,
2012 Through December 31, 2012. (15 min.)
PRESENTER(S): Various
2. 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 -713-7, 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-
713-7, 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- 713-15, 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) (15 min.)
PRESENTER(S): Rachel Dimond
BACKGROUND: On July 11, 2011, Margo Mullally submitted an application
for a major exterior alteration for Unit R -2. On July 25, 2011, Bill Gardiner
submitted an application for a major exterior alteration to expand his unit, R-
1. On August 2, 2011, Bill Gardiner submitted an application for a variance
from the watercourse setback and site coverage to facilitate his addition. On
July 27, 2011, Margo Mullally submitted a Design Review application. On
August 22, 2011, the Planning and Environmental Commission approved,
with conditions, all of the above applications.
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On August 30, 2011, Mr. Gardiner submitted his design review application.
On September 1, 2011, Randall M. Livingston, on behalf of the appellant,
Bridge Street Building LLC, submitted an appeal of Ms. Mullally's PEC
approval. As a result, no further action has been taken to review Ms.
Mullally's addition by the PEC. However, the Design Review Board approved
Mr. Gardiner's application on September 7, 2011, with the condition that Ms.
Mullally's addition also be approved, as the designs are codependent. On
September 8, 2011, the appellant submitted an amended appeal form adding
Mr. Gardiner's approvals to the list of approvals being appealed.
On October 4, 2011, the Vail Town Council granted a continuance of the
appeal. Since that time, Staff has received additional information from the
appellant, Bridge Street Building LLC concerning the appeal. Based on the
new information, it appears that the applications submitted by Mr. Gardiner
and Ms. Mullally were either incomplete or included inaccurate information as
to the ownership of the Rucksack Building and the Scott Building. More
specifically, it appears that the applications did not accurately reflect the
required consent of all owners affected by the applications. Because the
Town Council, in an appeal, is not permitted to receive new information or to
make new factual findings, Staff believes that the only available course of
action is for the Town Council to remand both cases back to the PEC for
additional factual findings and determinations.
STAFF RECOMMENDATION: Staff recommends that the Vail Town
Council remand both cases back to the Planning and Environmental
Commission to allow the Commission to make findings of fact and a
determination as to whether the original applications were accurate
and complete.
3. ITEM /TOPIC:
Dinner Break (60 min.)
4. ITEM /TOPIC:
Citizen's Participation (15 min.)
5. ITEM /TOPIC:
Town Manager Report
(15 min.)
6. ITEM /TOPIC:
First reading of 2012 Budget Ordinance No. 21, Series 2011
(30 min.)
PRESENTER(S): Kathleen Halloran
ACTION REQUESTED OF COUNCIL: Approve or approve with
amendments 2012 Budget Ordinance No. 21, Series 2011
BACKGROUND: To be provided in attached memo
STAFF RECOMMENDATION: Approve or approve with amendments 2012
Budget Ordinance No. 21, Series 2011
7. ITEM /TOPIC: This public hearing will focus on one of the applications
intended to facilitate the Ever Vail development. Specifically the Vail Town
Council is being asked to take action on Resolution No. 6, Series of 2011
which will adopt amendments to the Lionshead Redevelopment Master Plan
to facilitate the Ever Vail project.
10/18/2011
Lionshead Redevelopment Master Plan (Resolution No. 6, Series of
2011):
A request for a recommendation to the Vail Town Council for an
amendment to the Lionshead Redevelopment Master Plan, pursuant to
Section 2.8, Adoption and Amendment of the Master Plan, Lionshead
Redevelopment Master Plan, to amend the detailed plan
recommendations for West Lionshead (Ever Vail), and setting forth
details in regard thereto. (PEC 110002)
Major Subdivision:
A request for a review of a preliminary plan for a major subdivision, pursuant
to Chapter 13 -3, Major Subdivision, Vail Town Code, to allow for the creation
of two lots for the redevelopment of the properties known as Ever Vail (West
Lionshead), located at 862, 923, 934, 953, 1000 and 1031 South Frontage
Road West, and the South Frontage Road West rig ht -of- way /unplatted (a
complete legal description is available for inspection at the Town of Vail
Community Development Department), and setting forth details in regard
thereto. (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 rig ht-of-way/un platted (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, tc
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) (25 min.)
PRESENTER(S): Vail Resorts Development Company and Warren
Campbell
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall
approve, approve with modification, or deny Resolution No. 6, Series
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A
of 2011. The Community Development Department requests that the
major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 be
continued to the December 6, 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 Planning and Environmental
Commission recommends the Vail Town Council approve Resolution
No. 6, Series of 2011. The Community Development Department
requests that the major subdivision and Ordinance Nos. 7, 8, and 9,
Series of 2011 be continued to the December 6, 2011 public hearing.
ITEM /TOPIC: A request to proceed with phase 2 of the predevelopment
process for the Town of Vail Municipal Site Redevelopment Project. (30
min.)
PRESENTER(S): George Ruther
ACTION REQUESTED OF COUNCIL: The Vail Town Council is being
asked to provide direction to the Town staff on whether a contractual
agreement with the Vail Valley Medical Center, Steadman Clinic and
Steadman - Philippon Research Institute should be prepared and executed to
proceed with phase 2 of the predevelopment process. Triumph
Development, LLC, would be responsible for ensuring completion of the
identified scope for work for phase 2. If instructed to do so, Town staff will
prepare a resolution for the Town Council's consideration authorizing the
10/18/2011
Town Manager to sign the contractual agreement
BACKGROUND: On May 17, 2011, the Vail Town Council approved
Resolution No. 10, Series of 2011, authorizing the Town Manager to sign a
contractual agreement for pre - development services with Triumph
Development, LLC. The purpose of the agreement was to explore the
feasiblity of redeveloping the Town's municipal office site in partnership with
the Vail Valley Medical Center, Steadman Clinic, and the Steadman -
Philippon Research Institute. The scope fo work outlined in the agreement
has been completed and it appears that it is feasible to redevelopment the
site as presently contemplated.
A second phase of work has been identified in the due diligence review
process. The purpose of this next step in the due diligence process is to
further determine the feasibility of the redevelopment project. The Town's
cost for the next step of work shall not exceed $99,982 and estimated to
take up to 90 days to complete. A more specific description of the next steps
in the scope of work is outlined in the staff memorandum.
STAFF RECOMMENDATION: The Town staff recommends the Vail Town
Council instructs staff to prepare a resolution authorizing the Town Manager
to sign contractual agreement with its development project partners to
complete the phase 2 pre - development process scope of work as described
in the staff memorandum.
9. ITEM /TOPIC: First reading of Ordinance No. 23, Series of 2011, an
ordinance extending, until November 19, 2012, amendments to Chapter 11-
7, Other Signs, Sign Regulations, Vail Town Code, to establish regulations
for informational and directional signs for public parking on private property
and allowing the Administrator to approve said signs subject to review, and
setting forth details in regard thereto. (15 min.)
PRESENTER(S): Bill Gibson, Planner
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications,
or deny Ordinance No. 23, Series of 2011, on first reading.
BACKGROUND: Ordinance No. 23, Series of 2011, is intended to extend
the effective date of Ordinance No. 12, Series of 2011, from November 21,
2011 until November 19, 2012. No other change to the regulations is
proposed. Extending the effective date will allow the Town to explore
opportunities for incorporating public parking on private property sign
regulations into a larger signage and wayfinding initiative currently underway.
STAFF RECOMMENDATION: Approve Ordinance No. 23, Series of 2011,
on first reading.
10.
ITEM /TOPIC: Second 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,
10/18/2011
Phase 3, and setting forth details in regard thereto. (5 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
second 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.
The Vail Town Council passed Ordinance No. 19, Series of 2011, upon first
reading, at their October 4, 2011 hearing.
STAFF RECOMMENDATION: The Planning and Environmental
Commission forwarded a recommendation of approval to the Vail Town
Council at their September 26, 2011 hearing.
11. ITEM /TOPIC: Adjournment (8:15 p.m.)
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rawH of vn' i['>
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 18, 2011
ITEM /TOPIC: Consent Agenda:
1) Vail Police Department Volunteer Proclamation;
2) Approval of September 6 and 20 Council meeting minutes; and
3) Resolution No. 19, 2011, A Resolution Approving the Operating Plan and Budget of the Vail
Local Marketing District, for its Fiscal Year January 1, 2012 Through December 31, 2012.
PRESENTER(S): Various
ATTACHMENTS:
Proclamation No. 5, 2011 PD Volunteers
September 6, 2011 meeting minutes
September 20, 2011 meeting minutes
Resolution No. 19, Series of 2011
10/18/2011
TOWN OF VAIL
PROCLAMATION NO. 5, SERIES OF 2011
A PROCLAMATION DECLARING THE WEEK OF OCTOBER 16, 2011 AS
"VOLUNTEERS IN POLICE SERVICE (VIPS) WEEK"
WHEREAS, the entire community can effect a positive change with any action, no
matter how big or small; and
WHEREAS, Volunteers can connect with the local community through service
organizations, such as Volunteers in Police Service; and
WHEREAS, Volunteers in Police Service donate their time to make a real difference in
the lives of residents and guests of the Town of Vail; and
WHEREAS, from October, 2010, through September 30, 2011, VIPS volunteers have
donated 1, 070 valuable hours; an equivalent of $19, 313.50 savings to the town performing
non - enforcement duties; and
WHEREAS, the members of the Volunteers in Police Service give unselfishly by
Serving the Town of Vail.
NOW, THEREFORE, BE IT PROCLAIMED that the Vail Town Council declares the week
of October 16, 2011, as Volunteers in Police Service Week. Accordingly, the Town of Vail
encourages citizens and guests alike to join the Town of Vail VIPS program to foster and
enhance partnership between the community and Vail Police Department.
SIGNED, this 18th day of October, 2011.
` I �c ar D. Cleveland, Mayor
ATTEST-
Lorelei Donaldson, Town Clerk
Vail Town Council Meeting Minutes
Tuesday, September 6, 2011
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00
P.M. by Mayor Dick Cleveland.
Members present: Dick Cleveland, Mayor
Kerry Donovan
Kevin Foley
Kim Newbury
Susie Tjossem
Members absent: Andy Daly
Margaret Rogers
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation. Richard Ten Braack, Director of
the Vail Chamber and Business Association, announced the Vail Automobile Classic
would be held on Bridge Street and at Mountain Plaza on Sunday, September 11.
The second item on the agenda was the consent agenda. There were four items on
the consent agenda:
1) Approval of the August 2 and August 16, 2011 Council meeting minutes;
2) EHU Release - Gardner;
3) EHU Exchange - 2 Proposed Exchanges; and
4) Resolution No. 16, Series of 2011
Under item 1: Foley moved to approve the minutes from August 2 and 16 (the latter
with minor corrections), with a second from Donovan. Cleveland and Newbury recused
themselves from voting on the August 16 minutes, since both were absent from the
meeting. Thus, the minutes from August 2 passed unanimously, 5 -0; and the minutes
from August 16 passed 3 -0 -2, with Cleveland and Newbury abstaining.
Items 2), 3) and 4) were discussed briefly; with Housing Coordinator Nina Timm
assuring Council that Gardner was the second of two existing lots in Vail between
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1 -2 -1
14,000 and 15,000 square feet and that the ordinance governing this type of EHU was
changed after the unit was in place.
In regard to item 4, Resolution No. 16, Foley noted it was time to get into the 21St
Century with regard to filming Council meetings and was pleased the town was
partnering with the Town of Avon on this project.
Tjossem moved to approve items 2, 3 and 4, and the motion was seconded by
Newbury. A vote was taken and the motion passed unanimously, 5 -0.
The third item on the agenda was the Town Manager Report. The first item was the
revenue highlights overview.
Kathleen Halloran, Budget Manager, stated upon receipt of all sales tax returns, July
collections are estimated to be $1.5 million, up 19.9% from last year. Year to date
collections of $12.2 million are up 10.9% from prior year. Year to date revenue is up
13.4% from the original budget and up 5.0% from the amended budget. She also said
the Real Estate Transfer Tax (RETT) collections through August 30 total $2,640,994
down 33% from this time last year. Annual budgeted revenue of $4.7 million is a 32%
decrease from 2010 collections and is pacing with the budget. Collections not related to
major redevelopment projects currently total $1,426,064, down 22% from this time last
year. In summary, across all funds and revenue accounts through August 30, 2011,
total revenue of $34.7 million is up 1.9% from budget and down 4.0% or approximately
$1.5 million from this time last year, mainly due to a decrease in RETT collections
($1.3 million). We have currently received 61 % of total budgeted revenues for the year.
The second item on the town manager report was the discussion of the EGE Air Alliance
statistics.
Kent Myers with the EGE Air Alliance was available to answer Council questions
regarding his analysis of the incremental tax revenue generated, which is the basis for
his request for $30,000 in 2012 funding. Tjossem asked if there was a way to get a tie -
in to actual booking for lodging.
The fourth item on the agenda was an appeal, pursuant to Section 12 -3 -3, Appeals,
Vail Town Code, of the Town of Vail Design Review Board's (DRB) denial of a design
review application, to allow for landscaping changes adjacent to the Covered Bridge,
located at 246 East Meadow Drive (Slifer Square) /Tract I, Block 5E, Vail Village Filing
and Bridge Street right -of -way, and setting forth details in regard thereto.
Warren Campbell, Chief of Planning, presented information regarding the call up
appeal of the Design Review Board's (DRB) August 3, 2011, denial to remove trees in
Slifer Square. Council recognized the DRB had acted in accordance with the current
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town regulations. Donovan moved to review the town's overall policies specifically as
they apply to town recognized /recorded view corridors, with a second from Foley.
Tom Dubois, a member of the DRB noted a couple other applications for removal of
trees had recently been denied by the DRB, as a matter of note. A vote was taken
and the motion passed unanimously, 5 -0.
The fifth item on the agenda was Resolution No. 17, Series of 2011, A Resolution
Approving the Employment of Rothgerber Johnson & Lyons LLP as Special Counsel;
and Delegating Certain Powers to Council Member Margaret Rogers in Connection
Therewith.
Matt Mire, Town Attorney, introduced the item stating the attorneys who appeared at
the last Council Executive Session were unable to come to this meeting. Newbury
questioned whether it was wise to " "delegate certain powers" to a Council Member who
she certainly hoped would be re- elected but that there was not total assurance as to
that outcome. Mire responded a one -time reading of a future resolution could change
that designation. Cleveland also questioned the same issue, stating " "the Council acts as
a group." Mire stated discussion occurred at the previous Executive Session about this
designation, at which time both the Mayor and the Mayor Pro Tern were absent.
John Rediker, resident and member of the Planning and Environmental Commission
(PEC), had several questions about the need for the town to enter this class action suit,
stating it would be a lengthy process even to get the class certification. He asked what
the recovery range might be and stated "the recovery is what the recovery is." His
concern being the town could end up with pennies on the dollar. It might be better to
go it alone. He also inquired as to whether the appropriate background research had
been done on these law firms and how vested the Atlanta firms would be in Vail,
Colorado.
Foley made a motion to approve the resolution but to rescind the resolution language
naming Margaret Rogers with certain delegated powers, and the motion was seconded
by Donovan. At this point, Mire stated there was no time sensitivity on this matter so it
could be rescheduled for a time when the attorneys could be present.
Foley withdrew his motion, as did Donovan her second.
Cleveland moved to table the item to the September 20 meeting while eliminating the
language re: Rogers, with a second from Foley. A vote was taken and the motion
passed unanimously, 5 -0.
The sixth item on the agenda was the Lionshead Welcome Center update.
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Page 3
Tom Kassmel, Town Engineer, stated the project was scheduled for completion in three
months and construction was currently 2 weeks behind. Suzanne Silverthorn,
Community Information Officer, introduced Henry Beer and Janet Martin with
CommArts /Stantec to discuss the Phase I recommendations. This phase is to address
two items: 1) program the guest service space in the Lionshead Welcome Center to
include recommendations for the future role of the existing Lionshead Visitor
Information Center on the Frontage Road; and 2) assess the existing town wide
signage /wayfinding system and recommend improvements to enhance the guest
experience.
Beer stated this work was done with an eye toward the approaching milestones of the
50th Anniversary and the World Championships when Vail will receive increased
international attention and media exposure. Emphasis has been placed on the "wow"
factor and the creation of an emotional connection to Vail. Opportunities with the
tower portion have been discussed with 4240, creating higher visibility and identity.
There will be no ambiguity about where to enter the building. The interior will be
comfortable and sequestered, intensely social but intimate. While recognizing moving
the stairs on the north side is somewhat controversial, it is better to have the space
right in the first place, so standard excellence is the expectation. The graphics will be
clean and simple and there will be some hardware installed in both centers. A
continuing list of recommendations for signage will be put in place over time. Banners
are suggested for the Frontage Road and East Lionshead Circle. Transit stops will also
serve as rich and highly interactive data points to support the town's robust
transportation system.
Cleveland asked whether all these electronics would work in -20 degree weather. Beer
responded a pilot program was currently underway at North Star and all installations
would be tested before they are put in. He also added that color coding is just one of
eight components (shape, type, face, color, etc.) that help individuals find their way.
Not everyone responds in the same way. Tjossem questioned whether the international
"I" would be used to identify the building. The back entrance from the parking
structure was discussed. Newbury felt it was wrong to have guests leave their cars to
walk outside and around the building in order to access the main entry off East
Lionshead Circle. She further state it was counter - intuitive to go around the building.
Beer responded it was an 18 -20 second walk. He stated the cost benefit is not there for
a $7 million building. No one will even miss the door. Kassmel said if we miss the
September 15 date, it could cause problems. Beer said the food service decision delay
has affected the timetable, but with its elimination, the full scope and use of the space
is now available.
Silverthorn asked if the Council was comfortable with the programming concepts. Foley
asked for confirmation these dollars were coming from TIF funds. Kassmel said
information was included in the current budget, but nothing for electronics, large
screen, interactive screens, etc. The additional cost for 2011 is $404,800, with another
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$304,700 in 2012. Silverthorn said direction for the expenditure was needed now so it
could be included in a future supplemental and construction could continue. She asked
again for direction on the final design. Bob Lazier, commercial property owner in
Lionshead, agreed with Newbury that the natural flow was through the north side or
back door of the space. Foley confirmed the elevator complied with ADA requirements.
Donovan asked Kassmel specifically whether they needed the back stairs. Kassmel
stated that originally they were a part of the design, but with the change in food service
to the Welcome Center, there was now merit to removing them entirely. Foley said it
was wrong to force visitors out into the rain or a blizzard. Cleveland stated it was
disappointing to be back to two information centers, as the direction from Council had
been just one. At this time, Council members Tjossem, Donovan, Newbury and
Cleveland gave direction to change the design to eliminate the back stairs and to
proceed with a later supplemental to fund the 2011 additions.
The seventh item on the agenda was a review of the Lionshead Transit Center Phase
III - Lionshead East Mall Plaza and Concert Hall Plaza Streetscape Projects and a
selection of the preferred design concept.
Tom Kassmel, Town Engineer, opened the item by restating conclusions for the East
Mall Plaza from the previous meeting: relocate the bus shelter out of View Corridor 1;
loading and delivery will occur at the north side of East Lionshead Circle where the
shuttles park and as planned at Arrabelle; no concert special events here; remove stage
and 400 amp power from shelter; include lawn /boulder green space feature; and do not
update Lionshead Master Plan to revise build -to lines to accommodate this project. In
regard to Concert Hall Plaza: provide snowmelt only at sidewalk along circle, not at
street; and overall, the plan provides for functional goals balanced with aesthetics.
Lionshead merchants were also included in these discussions so two concepts will be
presented: the revised Town Council concept for the East Mall Plaza and the Lionshead
Merchant Concept. Mary Hart, designer, explained the differences in the two concepts.
Newbury asked, regardless of the outcome of this discussion, for consensus on
renaming the entry to Lionshead. There was general Council agreement.
Kit Williams, Lazier Commercial Properties, and representing about 30 -40 merchants,
spoke about keeping the arches in their current location; opening up the mall into nice,
clean, open access areas; providing more space for events in the summer; and
providing more space for bicycles and skateboard traffic. Bob Lazier, owner of property
in the mall, asked to leave the arch where it is.
Cleveland stated the bus stop was too remote, too far away. Newbury asked if the
shelter could be moved closer. Allen Peterson, President of the Treetops Condominium
Association, stated the mall area needs help and this is a good effort. He favors the
merchant's request to keep the arch in its present location. He stated a concern with a
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drainage issue at the neck of the driveway, with more snowmelt creating even more
water. He asked the town to investigate what can be done. Michael Hecht, owner of
the Treetops Commercial Center, said he preferred the merchant's plan and for an
additional $30,000 Council would be supporting more vested interests. Williams said it
was a good compromise to move the shelter forward. The owner of Double Diamond,
Tom Sapiro, asked whether a view corridor could be changed.
Foley suggested a hybrid of both, including moving the shelter up, was appropriate. He
also said a water feature was needed. Tjossem stated leaving the arches where they
are creates a pinch point, and the lack of landscaping makes this area feel barren. She
said meandering, informal pathways are needed. Newbury said there could still be a
lawn. Donovan said we still need to duplicate Slifer Square and that will require more
landscape. Cleveland noted that not that many people arrive by bus; they're primarily
leaving the mall. So they're not really seeing the arches anyway. Stan Zemler, Town
Manager, said the current plan does respect the merchant's desires and there may be
room for a pop water feature.
Hart asked for Council direction. There appeared to be consensus on moving the bus
shelter closer. Foley said the Tree Tops drainage needs to be attended to. Greg Hall,
Public Works Director, stated there could be another opportunity at Sun Dial Plaza for a
water feature. Newbury called for further compromise. Hart said she would work with
the merchants and understood the mandate to stick to the budget.
The eighth item on the agenda was adjournment.
There being no further business, Foley made a motion to adjourn and the motion was
seconded by Newbury. A vote was taken and the motion passed unanimously, 5 -0.
The meeting was adjourned at 9:15 p.m.
Respectfully submitted,
Dick Cleveland, Mayor
Attest:
Lorelei Donaldson, Town Clerk
(Minutes taken by Pam Brandmeyer)
Town Council Minutes for September 6, 2011
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Page 6
Vail Town Council Meeting Minutes
Tuesday, September 20, 2011
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:15
P.M. by Mayor Dick Cleveland.
Members present: Dick Cleveland, Mayor
Kerry Donovan
Kevin Foley
Kim Newbury
Susie Tjossem
Andy Daly
Margaret Rogers
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation. Louise Funk, former school
board member and chairman for the committee for Ballot 3B, said for the past three
years the Eagle County schools have suffered cuts of revenue from the state that the
Eagle County schools have made $9 million in cuts outside of classrooms, bus rotations,
computer rotations, and support staff. Also, the personnel in the accounting
department have gone way down, and the school district has utilized reserves in order
to keep the cuts out of the classroom. She said the only place left to make cuts will be
in the classroom, cut student contact days down by three days and look at possible
school closures. She said the Eagle County schools budget is bare bones. She is
heading up a campaign to ask the voters for a mill levy increase with a cap of $6
million. This is a way for the school district to fill in the shortfall of funds for the next
several years.
Daly asked if this goes away in a few years. Funk stated it will never go away; it's a
permanent funding increase. She also said pay for performance is 100% in Eagle
County and is a trend setter. Bill and Melinda Gates recognized the Eagle County
School District in education reform. Funk asked Council to consider a resolution in
support of the Eagle County school system and Yes on 3B county ballot issue.
Mike Cacioppo said in 2005, student expenditures were $10,200 per student and it has
expanded each year. He said Onofrio stated the cost was $7,500 per student. He
confronted Onofrio with the discrepancy in the figures. He said public school system
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was misleading the public. Cacioppo stated that if the public wanted the truth to
contact Onofrio. Cacioppo doesn't feel the residents of Eagle County need another
permanent tax.
Millie Hamner, Colorado State Representative for House District 56, introduced herself
to Council and constituents and said she was getting reconnected to all the town
councils and county commissioners in her jurisdiction. She said she was involved in the
school 3B question in Summit County a year ago. She went from retired
superintendent and is now a district representative. She taught for 23 years in the
Eagle County School District. She has been appointed to the House of Representatives
Education Committee and the Transportation Committee and is involved with the
Colorado Municipal League. A legislative update was handed out, and she said
redistricting may change the current districts she represents. Eagle County will be in
her district next November. She has a two -year term and plans on re- running in
November of 2012.
The second item on the agenda was the consent agenda.
Cleveland read into the record a request to authorize the release of a deed restriction
on Lot 9, Block 7, Vail Village First Filing, and providing a replacement restricted
employee housing unit that will be three times the size of the current employee housing
unit now provided.
Nina Timm, Housing Coordinator, said this deed restriction release of this unit is in
compliance with the town's zoning and employee housing unit exchange program. She
said this was similar to a request the Council has seen in recent meetings.
Donovan asked to get with Timm at a later date to get familiarized with the process.
Daly made a motion to authorizing the Town Manager execute the release of the EHU
at Lot 9, Block 7, Vail Village First Filing and accept the exchange; and the motion was
seconded by Newbury. A vote was taken and the motion passed, 7 -0.
The third item on the agenda was the Town Manager Report. There were four items
under the town manager's report: 1) USA Pro Cycling Recap /Review; 2) Divas Half
Marathon Recap; 3) Update on the Frontage Road Improvements; and 4) Municipal Site
Redevelopment Update.
1) U.S. Pro Cycling Challenge. Adam Lueck and Ceil Folz, with the Vail Valley
Foundation (VVF), thanked the Council and the community for supporting this event.
Folz presented a short recap video of the USA Pro Cycling Challenge. She said there
was estimated to be 30,000 people in attendance. All parties involved worked very
hard to make this event a success. The bus services throughout the county and town
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worked great. The lodging comparison at this time from last year was up; there was an
increase of 18% on Wednesday, 31% increase on Thursday, 14% increase on Friday
and 5% increase on Saturday compared to last year. The intercept survey would be
available next week. She said the Vail exposure was fantastic; the cycling challenge was
broadcast live to 161 countries; was the largest television event ever in cycling; the two
hour live show was in 150 million households. The media impressions were amazing.
Lueck said the tour tracker was an online mechanism for showing the race. The
downloadable application numbers had 150,000 unique users, 580,000 launches of the
application; it also cracked the top ten download list at #5; on the I -Phone it was #7,
and #4 on the I -pad. The social media was also a success with their Facebook page at
43,000 hits on the tours and the website was a tremendous success with 2.5 million
page views.
Folz said the joint organization sharing was fantastic. Vail was the only tour site that
had a joint Local Organizing Committee (LOC). The merchant feedback was great and
the resource sharing was also a success, thanks to the police departments from Vail,
Breckenridge, Avon and the sheriff's department. Public notifications were great, there
were very few complaints and the food venue layout was ideal.
Lueck said areas for improvement came out of the wrap up meeting with the LOC.
Improvement areas included refinement between LOC and lodging community. Over 30
properties were utilized. Managing last minute changes was a challenge, and role
responsibilities needs refinement. Next year the VVF and communities need to build on
this year's success and plan on how to make it bigger and expand it next year. They
need to allow more local vendors in the tour and Vail's local branding needs to be
included more. The decal stickers may not be enough. They need to come up with
what is the next new cutting edge piece to make Vail unique and make Vail stand out.
Lueck said other challenges are Vail merchandising, creating a jersey that is Vail specific
tied to the race and expanding ancillary events. 30,000 people followed the tour and
moved from place to place with it. There is an opportunity to packaging with other host
communities to get these guests into the hotels instead of camping and collaborating
with other host communities to get as much lodging revenue as we can.
Folz stated the VVF has great relationships with Medalist and tour folks. There are over
40 cities bidding for next year's race. The VVF will do all they can to bring it back next
year. The time trial was a pivotal point in the race. The Request for Proposal's (RFP's)
came out and they want to jump back in the process. The recap for the whole tour was
happening next week with all the other organizers and representatives from the other
cities meeting in Vail. She said the budget was $440,000 for the total cost to bring this
event to Vail and Avon and the town gave $200,000 of that amount. Folz also thanked
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1 -3 -3
Lueck for a fantastic job, as he worked every single stage of the event as well as the
local stage.
Daly asked what Vail was applying for next year. Folz said the time trial was the focus
as it's the only piece of the original Coors Classic as part of the tour. It would be great
to be able to always say Vail is a constant part of the tour. The VVF will be looking at
this point with Medalist. She said the time trial ties all the races together. Rogers said
this was an awesome event.
Folz said Sean Hunter from Medalist was in Vail with his family and the story in the Vail
Daily that week was great. Cleveland said the vibe in town was one of the best in the
community for years and thanked the VVF for a job well done. He said people who
have been in Vail for years said it was one of the best days ever in Vail. Foley said it
looked great on television as well as he was out of town. Council thanked the VVF for a
job well done.
2) Divas Half Marathon Recap. Laurie Asmussen, was hired to assist with the
Continental Event, Divas Half Marathon on August 19 -21, as a local producer, said the
economic impacts were given to Council, staff and the public. She said the town
welcomed this event and thanked the town staff for all their help. She also thanked the
community for their patience as there were extensive road closures. There were people
from 39 states participating in this event. They stayed in Lionshead for approximately
three nights. The producers of the event were happy with the results. Vail was their
sixth site and they want to come back to Vail. She said this event was recruited by the
local marketing district. Newbury asked that in the future the event organizers need to
take into account people on bicycles around town, as it was difficult to get into town on
bicycles. Asmussen said the producers and organizers learned a lot this year. They
had challenges including the routing, timing, signage and other items need to be
addressed next year. Donovan said the Continental group used the same banners and
arches as other event sites and said next time they need to have more Vail branding in
the event. Cleveland agreed.
Asmussen said the altitude was a challenge for this event as they were expecting more
people plus in -state marketing needs to be more refined. Cleveland said the local
marketing district needs to be included in the process to help the event organizers
make this event better.
3) Update on Frontage Road Improvements. Greg Hall, Public Works Director, said
CDOT has required the town to come up with a plan on how the town utilizes the
frontage roads for parking. State traffic engineers came up with a plan on when the
town can utilize the frontage roads. There is a 4 to 30 day overflow that is the
standard that is in place between Ford Park and Pulis Bridge. This area needs 10 feet
of hard surface to meet the standard. Adding two feet of asphalt to the roads meets
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this standard. The town is currently using the Frontage Road more than 30 days.
Other areas being utilized are the frontage roads near Middle Creek, Safeway and West
Vail Fire Station. Estimates that have been done show it will cost the town a significant
amount of money; over $4 million in improvements in one to two years. The concept
was to implement over three years. The Ford Park area improvements are being done
this year. The Main Vail roundabout to Aspen Lane is completed. Making
improvements to the Lionshead area is scheduled for 2012. The proposal includes work
on the Frontage Road near Cascade in 2013 and moving down to West Vail past
Cascade. CDOT wants the Safeway area done in 2013 and Cascade in 2014. Middle
Creek improvements are close to $1 million. He had a conference call with CDOT and
they are in agreement with the town's plan. CDOT is willing to go with a long term
commitment. Tjossem asked if the Intermountain Road neighborhood is ok. Hall said
they still get calls as the road is rough. Cleveland said the long term goal is to have
ample parking so the Frontage Road is not used at all.
4) Municipal site development. Steve Virostek, representing Triumph Development,
reviewed with the Council what they have been doing for the last 4 months; working
with the current municipal site and coming up with a medical office building and
redeveloped municipal building, as well as a Steadman Philippon Institute. He reviewed
site constraints, space requirements, formulating costs, alternatives, etc. The
redevelopment of the site begins from the elevator in the Municipal Building and going
west to the Community Development building. There would be 55,000 square feet for
medical offices; 21,000 square feet for municipal use; with 19,000 square feet of usable
space; and 220 below grade parking spaces. There is proposed to be a pedestrian
bridge to connect this building to the Vail Valley Medical Center (VVMC), a relocation of
the helipad and they will continue to study the design program for space for twelve
doctors; 13,000 square feet for the Steadman Philippon Institute, and 8,500 square feet
of space for the Howard Head group.
The current site works for all the proposed uses and the VVMC, Steadman- Philippon
clinic and Institute folks are excited about this project. The next steps would be to do
detailed study of feasibility and preliminary discussion with CDOT, soil conditions,
financial structure and formulate into a Memorandum of Understanding (MOU) and
further study that makes sense to all parties involved. Cleveland asked what the time
frame was for the next steps.
Virostek said an MOU is the driving factor and that can be done in the next 90 days to
see if it makes sense to continue to investigate this site. A geotech analysis, CDOT
requirements, finances and design can be studied during the next 90 days as well.
Daly said in the memorandum, it was stated that the cost was $2.5 million for the
current site. He wanted to know if this meant the town would have to come up with an
additional $7.5 million. Zemler said 21,000 square feet is the correct number for square
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1 -3 -5
footage for the municipal building and the cost would be approximately $10 -14 million.
Virostek said the site is difficult, CDOT has structural issues and they will begin
budgeting the numbers. He said these are ball park costs and are conservative. They
need to keep parking to two levels below grade instead of three and a half levels.
Mike Cacioppo said this is the first he has heard of this project and wants to understand
more about what it is. He said the taxpayer would have to come up with more money
to build a new building for private medical offices and look at an ugly pedestrian bridge.
He didn't think taxpayers would give up space to get medical office spaces. He can't
imagine giving up any of this land to add two private businesses. He asked how much it
cost the taxpayers to do this feasibility study. Daly said the town paid $33,000.
The fourth item on the agenda was an appointment to the Building and Fire Code
Appeals Board ( BFCAB).
A vacancy was created when a board member resigned. The Council interviewed the
one applicant that submitted a letter of interest for this board which term expires
March 31, 2014.
Newbury made a motion to appoint Greg Conway to the BFCAB and the motion was
seconded by Rogers. A vote was taken and the motion passed, 7 -0.
The fifth item on the agenda was Resolution No. 18, Series of 2011, a Resolution
Approving a Compliance Agreement between the Town of Vail and Comcast of Colorado
VI, LLC; and Setting Forth Details in Regard Thereto.
Matt Mire, Town Attorney, said this was a result of an audit done in 2010. He said the
Franchise Agreement remains in full force and effect and is extended on a month -to-
month basis pursuant to Section 626 of the 1984 Cable Communications Policy Act on
October 19, 2010. Comcast of Colorado VI, LLC ("Comcast'� provides cable television
service within the Town under a franchise agreement that expired on January 5, 2011
(the "Franchise Agreement "). The Town Council directed staff to hire a third party to
inspect and audit the cable television system, and the associated report, found between
1,500 and 2,500 technical violations of the current Franchise Agreement. The Town and
Comcast wish to enter into a Compliance Agreement (the " "Agreement') to outline the
terms under which Comcast will remedy the violations identified in the audit. Proof of
compliance with the current Franchise Agreement is required prior to Council
considering a new Franchise Agreement.
Comcast has come up with a plan and most of the violations will be remedied by
December 31, 2011. A $50,000 letter of credit is required and applies until a franchise
agreement has been signed. This only addresses the violations in the report.
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Rogers said this was a good compromise. James Harrison, resident of West Vail, said
he thought the main government channels were supposed to be free and they are now
included in the basic cable fee. He wants the town to check to see if they are supposed
to be free. He also said Direct TV doesn't have these channels at all. He thinks this is a
violation of the law.
Mike Trueblood, from Comcast, said the limited basic tier includes the government
channels. However, he doesn't know if the four government access channels are
supposed to be free and separate from the basic tier. He will follow up with Comcast.
He said technically you have to be a subscriber to access these channels. Comcast
provides the channel space to the local provider but these channels may not be
accessible to subscribers.
Mike Cacioppo, said back in 1970's the Vail public was entitled to four channels and
most of the time it was free. Prior to cable there was an over the air translator which
got poor signals. He said the town doesn't have to have a renewal franchise
agreement. He asked if the Council was doing anything to encourage competition to
bid for a cable franchise agreement.
Cleveland said there has been no viable competition so far. Cacioppo stated that
Comcast should provide multiple cameras, switchers and much better equipment in the
Town Council Chambers if they are going to be a monopoly.
Stan Cope, representing three Vail lodging properties, said they have several concerns.
Comcast won't discuss contracts with lodging properties for the new HD channels for
less than five years long. The private sector should have a say in this agreement and
what is negotiated. The issue is Comcast is the only alternative at this time. Guests
love the local channels; weather, ski school update, etc. and the only way to get those
is to have Comcast. The community needs help negotiating bulk rates for lodging
properties. He wants an audit as the cost of renting boxes for every HD television will
increase their costs 50 %. They used to get free boxes and now paying $5 -$10 per box
for each television.
Daly said to get with Ron Braden, town IT Director, to get the issues so the town can
look at the issues during the negotiation of the franchise agreement. Trueblood said
three devices for standard definition are free and Hi- Definition boxes will be extra and
each subscriber needs a box for each television set. There are many issues to address
during the new franchise phase.
Foley made a motion to authorize the town manager to sign and enter into the
compliance agreement with Comcast and approve Resolution No. 18, and the motion
was seconded by Rogers. A vote was taken and the motion passed, passed 6 -1,
Newbury opposed due to continued criticism of Comcast's performance in town.
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The sixth item on the agenda was the East Vail Utility Project Award.
Chad Salli, Project Engineer, said the East Vail berm utility project is located in the Bald
Mountain neighborhood on Town of Vail Tract A and I -70 Right of Way. The scope of
the project includes relocation of water and sanitary sewer mains and drainage
improvements to facilitate the west phase of the sand storage berm. The town received
six bids for the project, with Schofield Excavating, Inc., the apparent low qualified
bidder.
He requested the Council authorize the Town Manager to enter into an agreement,
approved by the town attorney, with Schofield Excavating, Inc., in an amount of
$193,285.16 to complete the project.
Cleveland asked what the town's portion of this project is. Salli this is for the utility
relocates. He said the town will pay for it and be reimbursed by the partners. $10,000
from the water district is in their minutes. The rest is on good faith as the homeowners
in that area said they would pay their share of costs in 2007 or 2008; and in 2006
CDOT said they would contribute an undetermined amount. Rogers said her concern is
if there is not a commitment in writing, they may back out.
Daly made a motion to approve the East Vail Utility Project to Schofield Excavating,
Inc., subject to executing an IGA from CDOT for a minimum of $100,000 as well as
getting written confirmation of $20,000 from the homeowners and from the Eagle River
Water and Sanitation District for $10,000; the motion was seconded by Rogers. A vote
was taken and passed 7 -0.
The seventh item on the agenda was a discussion of the 2011/2012 Winter Parking
Plan.
Greg Hall, Public Works Director, stated each year the council approves the winter
parking policy objectives, parking rates, parking pass prices and use rules outlying
parking areas and any operational changes for the upcoming season. He went through
the memorandum and power point with Council. Revenue neutral didn't happen as
Solaris took away from revenue.
Jason Bastick, representing Solaris, stated their parking garage had available parking
20 -40 days depending on time of year, similar to the town. Solaris hasn't decided on
what next year rates will be; possibly $22 -25 rate on weekends and $20 in the summer
from Monday through Thursday.
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Page 8
Discussion of different pass structures and where they can park was discussed in
further detail. Frontage road placards near Middle Creek was cut off at 60 vehicles and
50% of those vehicles were from Four Seasons Resort.
Cleveland said to discontinue the Frontage Road placard and replace it with the pink
pass to simplify the process to work on the Frontage Road and at Ford Park. Newbury
agreed with Cleveland. Tjossem asked if improvements would have to be done. Hall
said not until 2014. Staff's recommendation to charge oversized vehicles (RV's) for
parking in the charter bus lot at $25 per vehicle was also approved; however buses
were to remain free. The town staff will also work with the Nordic Center at the Vail
Golf Course Clubhouse for peak and non -peak skier parking arrangements.
Mike Cacioppo asked what people do if they have a gold or silver parking pass if the
structures are full. Hall said the town holds back spaces for those pass holders.
Cacioppo said overall the structures work fine. He asked to have enforcement in the
structures and if a vehicle takes up two spaces they need to be ticketed. He sees this
all the time and wants this enforced. He also wants signage stating there is a stop sign
at the exit of the Vail Transportation Center.
Daly made a motion to approve the winter parking plan with modifications as noted
earlier, and Donovan seconded the motion. A vote was taken and the motion passed, 7-
0.
The eighth item on the agenda was a presentation of a revised concept plan for
Lionshead East Mall Plaza Streetscape Project.
Tom Kassmel said options were presented within the past few weeks. He described the
changes and the proposed new plan. Mary Hart discussed where they started and
where they were now. The new plan included a bus shelter that is smaller and is now
30 feet back. Leaving room for a bit of lawn and boulders brings the plan into budget.
Other things that went away are the two crosswalks and paving and snowmelt on the
bus loop. This has a clear path into the core of Lionshead and meets budget.
Tjossem said they did a good job hearing their concerns and bringing it into budget.
Kassmel discussed other alternatives and additional costs for additional alternatives.
Bob Lazier said he supports the crosswalks being heated and would prefer to see the
arch where it is now. He said to price additional costs out as alternates. Daly agrees.
Newbury liked the compromise and getting it under budget. Rogers is concerned about
the loading and delivery areas. Get the deliveries out of this area all together and only
have courier services.
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Tjossem made a motion to approve the modified design concept and moving the
archway and Newbury seconded the motion. A vote was taken and the motion passed
6 -1, Foley opposed.
The ninth item on the agenda was a work session to focus on addressing several
questions that were raised at the August 2nd Town Council public hearing which
focused on wrapping up the discussion pertaining to the proposed Master Plan
amendments for the Ever Vail development.
Warren Campbell, Chief Planner, responded to the questions Council had from the
previous hearing and asked for clarity on several topics so amendments to the proposed
text contained within Resolution No. 6, Series of 2011 can be wrapped up and
presented at a future hearing for a vote.
One of the topics discussed was the view corridor over the Eagle River Water and
Sanitation District (ERWSD). In review, staff believes there is value to adding a fourth
view corridor to the project and said there is a very good view to the Gore Range from
the project. The ERWSD submitted a letter in objection to this view corridor.
Cleveland suggested the height step -backs to Glen Lyon office building site be reduced
from three to four stories to two to three stories maximum.
Mauriello, applicant representative, discussed the timeline of the project. He explained
why the applicant meets the current requirements and compared other projects in town
to this project. He said the applicant wants to stick with the language that is there
today. They want to keep this unchanged in the master plan. Cleveland said he
wanted step backs along Gore Creek and this presentation has not changed his mind.
He feels this needs to be mitigated. Rogers agrees with Cleveland. Tjossem stated
Council needs to remember this requirement would require the applicant to increase
other stories to other buildings. Foley said they just want to see step backs.
Cleveland said doesn't want to see three stories along the creek. Daly is comfortable
with the way it was presented. A show of hands from the Council; from Donovan,
Cleveland, Foley and Rogers; directed the applicant to have two to three stories as the
guidelines for the buildings along Gore Creek.
Additional discussion on the view corridor ensued. Council said there is a need to
protect the view but a view corridor doesn't need to be created.
Diane Johnson, representing the ERWSD, said the district is not asking for the
relocation of the ERWSD be a requirement of this application. She said a study done in
January of 2009 stated it was possible to relocate within Ever Vail way down the road.
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1 -3 -10
Jim Lamont, representing the Vail Homeowners Association (VHOA), said the plant is
forever. He wants to know how the public can be assured that there will be a
qualitative and aesthetic element to the ERWSD down the road.
Campbell said the same regulations would apply and the same design standards would
apply.
Rod Slifer, a resident, said having been involved in the discussion for Ever Vail, it's
important to keep it moving forward. He said what makes Vail great is improving the
product for a great community and great skiing. Ever Vail will add to the resort
experience and don't lose sight of that and keep this process moving forward.
Andy Norris, a resident on Westhaven Drive, gave a brief background of the area.
When the Glen Lyon Office Building (GLOB) was approved, it had to receive over 75%
written approvals for the GLOB site to be moved into the Lionshead master plan and
that included height covenants for this area. The neighborhood is in support of Ever
Vail.
Campbell said staff will be back with the changes discussed tonight. The next steps are
to focus on the Developer Improvement Agreement (DIA) and preparing the
applications and memorandums that need action in conjunction with the DIA, including
the Master Plan.
Daly made a motion to continue the hearing to the October 4, 2011 public meeting and
the motion was seconded by Donovan. A vote was taken and passed, 7 -0.
The tenth item on the agenda was adjournment.
As there was no further business, Foley made a motion to adjourn and the motion was
seconded by Newbury. A vote was taken and the motion passed unanimously, 7 -0.
The meeting was adjourned at 9:36 p.m.
Respectfully submitted,
Dick Cleveland, Mayor
Attest:
Lorelei Donaldson, Town Clerk
Vail Town Council Minutes of September 20, 2011
10/18/2011
1 -3 -11
Page 11
RESOLUTION NO. 19
SERIES OF 2011
A RESOLUTION APPROVING THE OPERATING PLAN AND BUDGET OF
THE VAIL LOCAL MARKETING DISTRICT, FOR ITS FISCAL YEAR
JANUARY 1, 2012 THROUGH DECEMBER 31, 2012
WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Town Charter (the "Charter "); and
WHEREAS, the members of the Town Council of the Town (the "Council ") have
been duly elected and qualified; and
WHEREAS, C.R.S. §29 -25 -110 requires the Council's annual approval of the
operating plan the Vail Local Marketing District (the "VLMD ").
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Council approves the operating plan and budget of the VLMD
for marketing related expenditures beginning on the first day of January, 2012, and
ending on the 31st day of December, 2012.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Vail held this 18th day of October, 2011.
Richard Cleveland, Town Mayor
Attested:
Lorelei Donaldson, Town Clerk
Resolution No. 19, Series of 2011
10/18/2011
1 -4 -1
rawH of vn' i['>
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 18, 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 -713-7, 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 -713-7, 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- 713-15, 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)
PRESENTER(S): Rachel Dimond
BACKGROUND: On July 11, 2011, Margo Mullally submitted an application for a major
exterior alteration for Unit R -2. On July 25, 2011, Bill Gardiner submitted an application for a
major exterior alteration to expand his unit, R -1. On August 2, 2011, Bill Gardiner submitted an
application for a variance from the watercourse setback and site coverage to facilitate his
addition. On July 27, 2011, Margo Mullally submitted a Design Review application. On August
22, 2011, the Planning and Environmental Commission approved, with conditions, all of the
above applications.
On August 30, 2011, Mr. Gardiner submitted his design review application. On September 1,
2011, Randall M. Livingston, on behalf of the appellant, Bridge Street Building LLC, submitted
an appeal of Ms. Mullally's PEC approval. As a result, no further action has been taken to
review Ms. Mullally's addition by the PEC. However, the Design Review Board approved Mr.
Gardiner's application on September 7, 2011, with the condition that Ms. Mullally's addition
also be approved, as the designs are codependent. On September 8, 2011, the appellant
submitted an amended appeal form adding Mr. Gardiner's approvals to the list of approvals
being appealed.
On October 4, 2011, the Vail Town Council granted a continuance of the appeal. Since that
time, Staff has received additional information from the appellant, Bridge Street Building LLC
concerning the appeal. Based on the new information, it appears that the applications
submitted by Mr. Gardiner and Ms. Mullally were either incomplete or included inaccurate
information as to the ownership of the Rucksack Building and the Scott Building. More
specifically, it appears that the applications did not accurately reflect the required consent of all
owners affected by the applications. Because the Town Council, in an appeal, is not permitted
to receive new information or to make new factual findings, Staff believes that the only
available course of action is for the Town Council to remand both cases back to the PEC for
additional factual findings and determinations.
10/18/2011
STAFF RECOMMENDATION: Staff recommends that the Vail Town Council remand
both cases back to the Planning and Environmental Commission to allow the
Commission to make findings of fact and a determination as to whether the original
applications were accurate and complete.
ATTACHMENTS:
Mullally Gardiner Appeal Memo 101811
Mullally Gardiner Appeal Attach A
10/18/2011
0
rowN of vain
Memorandum
To: Vail Town Council
From: Community Development Department
Date: October 18, 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. The appellant
contends that "the application for the major exterior modification approved on the
Rucksack Building was not made by 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."
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
10/18/2011
2 -1 -I
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."
III. BACKGROUND
The Rucksack Condominiums building, located at 288 Bridge Street, 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 has historically been either a restaurant or retail establishment.
On July 9, 2007, Jeff Selby, Charles Rosenquist and Richard Brown, the owners of the
commercial spaces at the Rucksack Building, submitted an application for a major
exterior alteration to renovate Units C -1, C -2, and C -3, the commercials portions of the
structure. On August 27, 2007, the Planning and Environmental Commission approved
that application with conditions. The Design Review Board conceptually reviewed the
addition on June 20, 2007 and instructed Staff to Staff approve the final application,
which occurred on September 12, 2007. On September 28, 2008, a building permit
application was submitted to the Town of Vail, but was withdrawn on October 17, 2007.
On December 17, 2007, Bridge Street Building, LLC, owners of the Rucksack
commercial and the Scott Building, submitted a new application for a major exterior
alteration that would renovate and combine both buildings. Initially, the residential units
were included in the renovation of the structure, but were not ultimately approved as
part of the commercial remodel.
As part of the application, the applicant submitted a description of the proposal that
stated, in part, "Upon approval of the project by the PEC and the DRB, the issuance of
the Building Permit, and as a condition of any Occupancy Permit, the interior lot lines as
delineated on the attached Improvement Survey Plat will be vacated by the execution
and recording of a new Condominium Map for The Rucksack Condominiums."
On January 14, 2008, the Planning and Environmental Commission approved the major
exterior alteration with conditions. On January 16, 2008, the Design Review Board
approved the exterior alteration application with conditions. On April 7, 2008, a building
permit application was submitted to the Town of Vail and was issued on May 20, 2008.
A plat to legally combine the properties was never filed with the Town of Vail.
On August 11, 2008, the owners of residential units R -1 and R -2 submitted an
application for a major exterior alteration in order to expand their units. However, the
application was withdrawn on September 23, 2008 due to Staff's determination of
incompleteness.
Town of Vail Page 2
10/18/2011
2 -1 -2
On July 11, 2011, Margo Mullally submitted an application for a major exterior alteration
for Unit R -2. On July 25, 2011, Bill Gardiner submitted an application for a major
exterior alteration to expand his unit, R -1. On August 2, 2011, Bill Gardiner submitted
an application for a variance from the watercourse setback and site coverage to
facilitate his addition. On July 27, 2011, Margo Mullally submitted a Design Review
application. On August 22, 2011, the Planning and Environmental Commission
approved, with conditions, all of the above applications. On August 30, 2011, Mr.
Gardiner submitted his design review application.
On September 1, 2011, Randall M. Livingston, on behalf of the appellant, Bridge Street
Building LLC, submitted an appeal of Ms. Mullally's PEC approval. As a result, no
further action has been taken to review Ms. Mullally's addition by the PEC. However,
the Design Review Board approved Mr. Gardiner's application on September 7, 2011,
with the condition that Ms. Mullally's addition also be approved, as the designs are
codependent. On September 8, 2011, the appellant submitted an amended appeal
form adding Mr. Gardiner's approvals to the list of approvals being appealed.
On October 4, 2011, the Vail Town Council granted a continuance of the appeal. Since
that time, Staff has received additional information from the appellant, Bridge Street
Building LLC concerning the appeal. Based on the new information, it appears that the
applications submitted by Mr. Gardiner and Ms. Mullally were either incomplete or
included inaccurate information as to the ownership of the Rucksack Building and the
Scott Building. More specifically, it appears that the applications did not accurately
reflect the required consent of all owners affected by the applications.
Because the Town Council, in an appeal, is not permitted to receive new information or
to make new factual findings, Staff believes that the only available course of action is for
the Town Council to remand both cases back to the PEC for additional factual findings
and determinations.
IV. STAFF RECOMMENDATION
Staff recommends that the Vail Town Council remand both cases back to the Planning
and Environmental Commission to allow the Commission to make findings of fact and a
determination as to whether the original applications were accurate and complete.
V. ATTACHMENTS
A. Appeals form and supporting documents
Town of Vail Page 3
10/18/2011
2 -1 -3
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:
First Filing -7
Appellant(s) Signature(s): I
: C & D Block:5A Subdivision: Vail Village
(Attach a list of signatures if�nore 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.
10/18/2011
2 -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.
10/18/2011
2 -2 -2
APPEAL OF 08/22/2011 PEC APPROVAL OF APPLICATION
OF UNITS R-1 AND R-2
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
10/18/2011
2 -2 -3
also agreed to expansions of Units R-1 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, § 12-713-7, to Units R-1 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
10/18/2011
2 -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
10/18/2011
2 -2 -5
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Title# v3OD20490
Form 432 01/17/03 SP£C.uD_OPEH wARRAWY DEED (Photagrapbic ^Open) 45564454)
200720759 1 OF 2
SKLD LG SKL10256 EG 29758- 2007 -001
10/18/2011
2 -2 -6
EXHIBIT
PLAINTIFFS 000143
Mullally v. Selby
EXHIBIT A
THAT PART OF LOTS C AND D, BZOCK 5„A' VAIL VILLACm FIRST AnILINCN, cot1N1'Y of
EAQLS, STATE OF COLORADO, DAESCRImm AS FOLLOWS;
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030IS5'39"17 8.10 FEET TO "a POINT OF HEGZNNING.
Fore, EXN101TA 01/17/03 V50020490
200729758 2 OF 2
SKLD LG SKLI0256 EG 29758-200.7-002 PLAINTIFFS 000144
Mullally v. Selby
10/ 18/2011"
2 -2 -7
EXHIBIT
CONDOMINIUM DECLARATION
FOR
THE RUCKSACK CONDOMINIUMS
RECITALS
Jeffrey B. Selby, Charles H. Rosenquist and Richard N. Brown
( "Declarante ") 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 on 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 b;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 express y prow ed;
(a) "Unit" means an undivided air space unit contained
within the periieter 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 unit's
perimeter wails, 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
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Surfaces Of..t,he.perimeter walls,-floors or ceilings of a unit,
any utilities running through:ths unit which serve more than
one unit, br'any other general comwo element or part thereof
located within - the unit. The term "unit" shall include the
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 associated therewith.
(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,-mbrg'condominium units.
(d) . "General common elements" means (i) the land
included in the real pro in .whieb.at any time is subject to this
Condominium beclaration; -(ii ;.the foundations, columns, irders,
beams„ supports, perimeter, and supporting walls, roofs, balconies,
hall's, corridors, lobbiss,'stairs, stairways, fire escapes, entrances
and exists of the building, (iii) the basements, yards, gardens, auto-
mobile parking areas and storage spaces; (iv) the installations,
equipment ind materials making up the central services such as power,
light, gas, •hot and cold waster, heating, refrigeration and air con-
ditioning and incineriting;' -(v) the tanks, pumps, motors, fans, com-
pressors, ducts. and in general all apparatus ind installations
existing for, common use;, and (vi) all other parts of the property
normally in eomsnon use. `
(e)' "Limited commion elements" means the part of the general
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,
condominium units.
(f) "Comimon 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,
servicing, conserving, managing, maintaining, repairing or replacing
the general common elements; (iii) insurance premiums for the insurance
carried under Paragraph 9 of Article 1I 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
fnclude 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 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.
(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 co=*rcial 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.
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(x) . "First lienor" means the holder of s promissory note
payment of. which is secured by a first mortgage or first deed of
trust encumbering an interest in a condominium unit, "Mort ggage" sball
include .a deed of trust, and "mortgagee" shall include the Me-
fici'ary 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.
W "Declaration" means this instrument and all Amend-
ments or Supplements thereto hereafter recorded in the records of
Eagle County, Colorado,
2. Division of Real Pr exty into Estates• Use and
Occupancy of on n u- is .
(a) The real property is hereby initially divided into
(i) two living units numbered R -1 and R-2, 'and (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 commoa
elements.. Each commercial unit consists of a commercial unit
as shown.on 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 meld 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 lodging purposes. Owners of the
units may rent or lease the units to others for these purposes
and may use these units 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.
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3, Condominium Map. Ptior to any conveyance by Declarants
R of a condominium unit therein, Declarants shall cause to be filed
for record in Eagle County, Colorado, a condominium map (the
"map ", which shall contain: (a) the legal description of the
surface of the land; (b) the linear measurements and location.
wi.th,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 listited common elements; (d} the designation by number or
othez symbol of each unity (e) the elevation plane of
;ti#e` building; and (f} the elevation of the unfinished interior
'eitrfaeea of the floors and ceilings of the building, including the
?. "aaggArtment and O*wmorcial units, as established from a datum
' � "p Ono the distances between floors and ceilings, and the linear
measurements showing the thickness of the perimeter walls of the
Wilding. Declarants reserve the right to amend a map from time
ta.time to conform it to the actual location of any building
(including all parts thereof) and to establish, vacate and relo-
date easements,
4. General Common Elements; Encroachments.
(a) The general common elements shall be owned in common
by all the owners and shall remain undivided. No owner shall assert
any right of partition with respect to the general common elements.
Each owner waives any and all rights of partition he may hold by
virtue of his ownership of an undivided interest in the general
common elements as a tenant in common with the other owners. This
paragraph shall 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
of the other owners and in accordance with rules and regulations
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
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
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or or t e va a of an work done or material furnished. All
suc wor aba be at the expense of the owner causing it to
be done. and such owner shall be solely responsible to contrac-
tors, laborers, materialmen and other persons 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 common
elements or any unit other than that of such owner with any
mechanic's lien or other lien or encumbrance whatever. Dn the
contrary (and notice is hereby given) the right and power to
charge any lien or encumbrance of any kind against the general
common elements'or against any owner of any owner's unit for work
done or materials furnished to any other owner's unit is hereby
expressly denied.
(b) If, because of any act or omission of any owner,
any mechanic's or other lien or order for the payment of money
shall be filed 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 forms 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
shall 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 namber until his contract is terminated or until he ceases
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
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
-=a authorize the Association, during the period of any delinquency,
(alto revoke a delinquent owner's right to use general common
elements, (b) to cause utility service to a delinquent owner's
condominium unit to be suspended and (c) to suspend a member's voting
privileges; however, no such suspension shall affect the rights of
a first lienor.
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 worts which impairs the structural soundness of any
building or which interferes with any easement.
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(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 hours 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 fpr
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 costs 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 act or negligence
of such owner.
8. Assessments for Comtaoa 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
cotamon expenses and to create a contingency reserve therefor. The
by -laws shall also establish the procedures by which the assessments
shall:be aade 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
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: (i) 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
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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.
fCr a (d) No owner shall exempt himself from liability
p yament of his share of the common expenses either by waiver
of the use or enjoyment of any of the general com,gon elements or
by ab'andotusent of his condominium unit.
(o) In case of sale or other transfer of a condominium
vast with respect to which sums assessed for common ,expenses shall
be. -unpaid, the purchaser or other transferee of an interest in such
chit. shall be jointly and severally liable with the seller or
,transferror thereof for such unpaid assessments.
Upon written request of any owner, mortgages, pro -
spectivs mortgages, purchaser or other prospective transferee of a
CondoaminiuA. unit, the Association shall issue a written statement
:-.`setting forth the amount of the unpaid common expenses, if any,
� ;.'with respect to such condominium unit, the amount of the current
nthly assessment, the date on which such assessment became or shall
become due and the amount of any credit for prepaid expenses. Suc3
statement, for which a reasonable fee may be charged, is binding u ?on
the Association in favor of any person who may rely thereon in goad
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
such statement.
(9) Any party in favor of whom a lien on a condominiuz
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 sz:h
party shall have a lien on such condominium unit for the amount sr,
r" paid of the some rank as the line theretofore existing.
9. Insurance,
(a) The Association shall, on behalf of the owners:
(i) keep all buildings (includin all of the apartment am'
mite and all fixtures therein, but not includin¢
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 lost or damage by vandalism or malicious mischief),
in approximately the amount of the maximum replacement va Le
thereof, without deduction for depreciation;
(ii) provide and keep in force, for the protection
of the Association, its officers and directors, and all the s,
' owners and first lienora,general public liability and props;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 cf
bodily injury or death to any one person and not less than
r $1,000,000 for bodily injury or death to any number of persans
arising out of one accident or disaster, and in limits of
ti not less than $10,000 for damage to property, and if highs:
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 mr.y consider necessary or advisable apsinst 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 lipnors, as their respective interests may
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11111 Ig''111 —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 lienors. Each insurance
policy shall also provide that in case of violation of any provision
thereof by one or more (but less than all) of the owners, the
coverage of such policy shall be suspended or invalidated only as to'
the intereat 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 preniuma, shall be delivered to all first
lienors 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 contained therein), 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 writ.an
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 lose 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-
gatian 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. A intment of Attornc -in -Fact. Each owner
by his acceptance o the a or ot ter conveyance vesting in
hire an interest in a condominium unit does irrevocably con -
stitut.o and aplPoint (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 zeal property as hereinafter provided, and (ii)
co 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 executes, 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. If requostcd to do so by the Association or
Declarant, each owner shall execute and deliver a written
instrument confirming such appointment. The action of the
Associntion in settling any damage or condemnation claim
shall be final and binding on all oarncrs. No owner shall
have any rights ngainst the-Association or any of its offi-
cers or directors with respect thereto except in tho case of
fraud or gross negligence.
11. Dinnnae or Destruction, In case of damage or
destruction of an-'y� or ony part thereof by any cause
whatcvcz:
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10/18/2011
2 -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 101 of the maximum replacement value last determined under
Paragraph 9(c), then the Association (as attorney-in-fact-for the
owners) :hall promptly cause the building to be,repitred 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 S.
(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 costs are 10% or core 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 lienors 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 construed 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
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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
c elements appurtenant to units in such building and by all first
lienors, the Association (as attorney -in -fact for such owners) shall
promptly cause such repairs and restoration to be made according to
such plan. All owners of units 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 a�
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. ,
(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 costs 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
by this Declaration and all first lienors with interests in such
building shall agree that such building has become obsolete and shall
approve a plan for its renovation or restoration, 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 assessed
and paid by such owners in the proportions of their respective
interests in general common elements appurtenant to units in such
building.
(b) If at any time the owners of 75% or more of the
general common elements appurtenant to all units and all first
lienors shall agree that any of the improvements constituting
general common elements have become obsolete and shall approve a
plan for their renovation or restoration, the Association (as
attorney -in -fact for the owners) shall proptly cause such renovation
or restoration to be made according to such plan. All owners shall
be bound by the terms of such plan, and the costs of the work shall
be a common expense, to be assessed and paid as provided in
Paragraph B.
(c) If at any time the owners of 75% or more of the
general common elements and all first lienors shall agree that the
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-
10/18/2011
2 -2- 17
set: the part o= the lard re-maining after the taking, if any, free
Clear of the provisions of this Declaration and tr:e map.
Suc:: orovisions shall wholly terminate and expire upon the record•ng
C:' a notice by the Association settine forth all of such facts.
ThE award and the proceeds c: such sale, i± any, shall be collecte6,
apclud and d,_vAded amonr, tr -r owners by the Associat;.cr, in accordance
thEi- f-:hr-rIr.g Ratios, unless a standaru difierent Y:-om the valu,•
n( $silo', ;a as a whole employed to messuze. ti:e cor.3emnation
clwa:c ir. tike negatiacion, iud:^ial decree, or otherw�.SE, the:: in
dF.L ^- -irinc
such s::ares the <_ame standard shall be employed to the
xten- it is relevens and applicable.
(b) 1± such taking shall be partial only, if no part
o- b•,.ildi hg shall be taken, and if the rema_nina part of the
..an.c shall be su`_ticient nor the purposes of the condomiai=, the
::ss!rc3.ztion (as attorney -In-fact for the owners', shall collect
the award and shall promptly and without delay cause the land not so
_akcr to be restored as nearly as possible to its condition pricr
to care taking, applying the award to that purpose. Any part of the
ar:::rd not required --or such restoration shall be divided by the
As.'cci..Icn among the owners in accordance r ;it's their Snarinn ?ratios,
ur.).ess a ste::dard different from the value of the Bu;.ld;na as a whole
` is cr, icyec: to measure the condemnation aria - _n the negotiation,
J cicial oecree, c_- oLherwis_e, then in determinznz s'.:ch snares the
same standc:c_ sha -1 ba employed to the extent it i.s relevant an.-
applicable.
r 14. Qua l -t of Work, Any repairs. renovatica or restoration
rg o tn.e er.i property cr any building covcrcc by this Declaration by
r; the %_sscc_ation as attorney -in -fact for the owners shall be done
,r, e_.ch ;Wanner a= tc, make the real oroperty or the buildinq at
joz+rt as :aluabie aitcr such work as it Was immediately betore the
ar _rrer.ce requiriac thc: work to bo dor:c_
.1 re::anF, icc.•vcc =i., 'i'rJz Deciarcticn na ae amended
at a: y tjm-:: prior to v :e `ii: n, of the
.. .._ ;b LTDD:.• t::8 cr ;_,._en aparo-r4i _:, recor::zc'ze . ^.r;. G`
:.r of v n.. more - t c•enerai ^o <_�. ele -ne^ s:IA 'I rst
exc_rtt„zc L:hc ?e-ovi _one of SIazrsgraan '(at and�Es:hih:t S
_._ t2re_ts t... c;enerF.l ccm -mon elements s.. t9:c
ele: :r•_: .. va amez:ve• .._ :rpc:r scan a.arov:.'_T=f the owner-:
:. ..tt` c,'9 _.... .:1 ail.n ..... e'tLz.,t aril: .:1'_ it Ile. -a: _.
., v;' revoke o :;lv t'.)O`••.•,slet .. all or part of �tnt:. rea':`D_O:'C_t
12::1 cr 13(h) c-, u3or z1:�- u:ra -_m =u=
ai;prcval _... recor:lswle for;-. of all owners and eii lienors.
} r:cr. t- ..ci..- t: forecoink arnename:,, c; - ^.is ucclaratic, is
- ur *,est~•c rt: = requirements of Section c6 -33 -tic. C ?-S, 13 72.
g lt. Versnnal P >rcpert•:_ for Co-=n Use. The Associa`.ior. ma
acc'__re and hc!H icr tAe use and Ganef : of all the conacm!niu:^
o:nc s, real, tangible and intzng -ale personal prooe_t.-: and rav disoos.
c, Lhe same. '--v sale or otnezti:ise, and tae bene`icii.: interest is
2:;-_ such vre:`e:ty s,7' -.1.: he owned :.he ccnaorai -iILm owner,- in Pt-
. :,, nc propo. tipns as the -Y re..- De ^ :tivt interest~ 2:r the cane:_2 con"G -.
d en.ents and shall not bc. _raif'er&.Dac oxce--)t with a transie_ c'_ a
ur: _I - .-s transler D1 <. ccneoninium unit S �? ?
_z.sfer to t. `_r a n r_ ei' E. e owncrci;ln of
1 tae Lransjeror'L bttnet_cic) interes. --1 such Dronerzv A;Jthout an %.
Eacrn owile 7."• ?._ USf Such DrnpeCty in accordance
the ot:r-c5c _L, ti::__. it is inter —'ed, Wit.`:'.]: :^ here :r. Oz
encroac -'nc. upnn :!:e: lawf-.2 rights o; e otne_ owner- •:ne transle:
cf - ',tie ;. conc :-Mlniun unit under ioreelorc -e ....ull entitle the
purchaser -L;, the henef_cial interest in such personal property
ass.xiatea w_th the zoreaiosec = ondor..inr.um
1 %. ire- :isrration nv Creme- _mailinq_Address.. Each owner
__i2-
10/18/2011
2 -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, addressed in
the name of the owner 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 61-s-TeUiration and the map s a 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 treets serving this
condominium project for and to public use; to establish easements,
reservations, 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 um Un t 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 Condo n.ium 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-
10/18/2011
2-2-19
rE;w
fell
µF[!i`t Ilia „the number of square feet added to condominium Unit C-2.
. >�se of recomputing the undivided interests in common
1'y ti_ °`to be reconveyed and made attributable to the units, the
'of'C -2 shall engage an architect licensed in Colorado to
na the undivided par centage Interests in the conmon
s ,
23. General.
tat If any of the provisions of this Declaration or
{ �s £ paragraph, amtanesq,.olaunw, phrase or word, or the application STATE OF
t in any circumstafice be invalidated, such invalidity shall
affect the validity of the remainder of this Declaration, and ; COUNTY O
�: "Lysplis'atioa of any such provision, paragraph, sentence, clause,
>� { "or word in any other circumstances shall not be affected i
n. M this
Selby,
{b) The provisions of this Declaration shall be in tj
';.addition and supplemental to the Con4aminium Onvership ]act of
::.the> -fE►to of Colorado and to all other provisions of law.
tai Whanver used herein, unless the context shall
r #C7i�isxIn* provide, the singular number shall include the plural,
�x qI daI the singular, and the use of any gender shall include
�r
.; +• ` IM ifZ'1!lY 'pAEltbCl�, Declarants hairs duly •executed this
laraticn _ti�is 14th day. of beril ,1976.
`. property
interest
By exeout
J el.
e persona
provision
x
STATE OF CO
r City and Co
Thu a ve w
-13- ;y,7;, e
L 1� (S: Cryl4:
10/18/2011
2 -2 -20
11 OR . A perpetual easement over,
TB= EIWIRE SAVINGS; BULDING_AND LOAN That part of Tract G, Block
ASSOCIAT ON, a eolOa -6o corporaition.— r Plat thereof, described as
Tract G, whence the Northwe
feet; thence South 1604544
J: Darrell Rock., Vies President to the West line of said Tr.
,a
line of said Tract G to the
c"" of and the restoration of ii
TATS OT COLORADO ) Z� which (improvements) are a I
ity and County of Denver) No- improvements located on the
lji►a a was acknowledged before sae this 25th day of April, 1478, by
a Roc1�a ce President of THE EMPIRE SAVINGS, BUILDING AND
Y� � ' I"U ASSS9CIATION, on behalf of the'
tat* of Colorado corporation.
or cap °fiYOJ����-
10/18/2011
2-2-21
$ e
(Attached tc
foe
Char es n s
s
iPARCEL ONE:
■.
f That. part of Lots c and c
FL`v>1tt�drtl A. Er��lC■""'me
recorded plat thereof, de
line of said Lot G whence
STATE OF COLORADO)
Kest, 7.60 feet; thence S
of Lot d; thence South 72
COWTY Or } °;=
EIiGLB }
feet to the Southwest cor
Street; thence on an angl
fars4oing;.inst t,xas a- ataoiiledged before me ,
way Igne, along a curve t
"■
this ': day. ;, - tdt,
y ,1978, by Jaffrey Bif2,�K }ts
Selby, z es -> esenq r c Broun.
1. of 09 39'49 an arc dost.
Lot c; thence North 7 14
; ,
feet; thence North 73 14'
feet; thence North 73014"
witness my hand acid official se". 04,
feat; thence North 840351;
My cdmissicn sipirep s y �, :�
PARCEL TWO:
r.
ea o
Pointponu the as erlyline
bears North West.
TRUE POINTOf BEGINNING:
North 16045'44" West, 4.10
16
si 45144" }test, 4.25 feet:
The undersigned holder "af'a deed of trust upon the
? 44" West, 1,75 feet; thenc,
property covered by. this Deglaration hereby subordinates its
East, 10.53 feet to the TRj
intaikest in such promty to: the provisions of-this'Doclaration.
once of and the restoratia
by axeaatioo of this Declaration the undersigned,
`= over Parcel Two and which i
J via Pr idsat assumes no liabilrEy,
appurtenant to the ixprovet
persona or of s ae or s per ormance Of any of the,15SX01s,
Parcel One;
provisions, covenants or oopditions contained herein.
�3 PARCEL THREE:
11 OR . A perpetual easement over,
TB= EIWIRE SAVINGS; BULDING_AND LOAN That part of Tract G, Block
ASSOCIAT ON, a eolOa -6o corporaition.— r Plat thereof, described as
Tract G, whence the Northwe
feet; thence South 1604544
J: Darrell Rock., Vies President to the West line of said Tr.
,a
line of said Tract G to the
c"" of and the restoration of ii
TATS OT COLORADO ) Z� which (improvements) are a I
ity and County of Denver) No- improvements located on the
lji►a a was acknowledged before sae this 25th day of April, 1478, by
a Roc1�a ce President of THE EMPIRE SAVINGS, BUILDING AND
Y� � ' I"U ASSS9CIATION, on behalf of the'
tat* of Colorado corporation.
or cap °fiYOJ����-
10/18/2011
2-2-21
O .V
r
EXHIBIT A
(Attached to and made a part of CondominiuzA Declarations
for the Rucksack Condominiums)
LEGAL DESCRIPTION
PARCEL ONE:
That part of Lots c and d. Block 5 -A, VAIL VILLAGE, FIRST FILING, according to the
recorded plat thereof, described as follows: Beginning at a point on the Jasterly
line of said Lot c whence the Northeast corner of said Lot c bears North 0 09'00"
West, 7.60' feet; thence South 0009'00" East, 30.41 feet to the Southeast corner
of Lot d; thence South 72'48'30* Nest, along the South line of said Lot d, 112.08
feet to the Southwest corner of said Lot d, og the East right -of -way line of Bridge
Street; thence on an angle to the right of 42 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
of 093949", an arc distance of 32.23 teat.to a point on the Wosterly line of said
• •�s ; . tv
Lot c; thence North 791114'16" East, 27.21 feet; thence South 1845'44' East, 7.00
feet; theme North 73 14'16" East, 46.73 feet; thence South 16 45'44" East, 4.70
feet; thence North 73014'16" East, 25.34 feet; thence North 0024'38" Best, 13.68
feet; thence North 89035122" East, 13.76 feet to the paint of beginning;
PARCEL TWO:
x Q; F,•..,;.
it;r..:k *-.,, •7. A perpetual easement Over the real property described as follows: Commencing at a
point on the �asterly line of said Lot d whence the Northeast corner of said Lot d
o e bears North 0 09100" West, 5.25 feet; thence South V 14116" West. 14.30 feet to the
TRUE POINT OF BEGINNING: thence continuing South 73 14'16" West, 25.34 feet; thence
North 1.6045'44" hest. 4.10 feet; thence S• th 73014'16" West, 29.65 feet; thence North
16045'44" (test, 4.25 feet; thence th 73"14116" East. 31.80 feet; thence North 16 045'
z 44" lest, T.7.5 feet; thence North No 73"14'16" East, 27.15 feet; thence South 0 24'38"
s: East. 10.53 fast to the TRUE POINT OF BEGINNING. for the continuance of, the mainten-
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
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 0009'04" West. 64.02
feet; thence South 16045'44" East, 25.00 feet; thence South 1301.4'16" West, 7.46 feet
to the West line of said Tract G; thence North 0009'00" 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
10/18/2011
2 -2 -22
EXHIBIT A
Continued -page 2
'CEL ,FOUR:
1,pareet of land shown on the recorded plat of Vail Pillage. First filing as being
id:birtween'•lots d and c. Block 5- A,Yail Village, First Filing according to the
oTdei °¢1a #'thereof, which parcel is described as follows-
b:
re.et -the Southwest corner of said lot d; thence North 72048'30" East.
y'rt1e S line of said Lot d, 112.08 feet to the Southeast corner of said Lot d;
South 0 Og'00' East. 5.20 feet; thence South 23042'00" East, 5.04 feet to the
t corer of said Lot e; thence South 72°43'02" West along the North line of
tit.;e, 111:39 feet-to the Northwest corner of said Lot a on the East right -of -way
`.Stidge;Str t;. thence Northerly along said East right-of-;way line on an angle
right of 89"5953" and along a curve to the right having a radius of 191.D7 feet,
antraI angle of 2059155 ", an arc distance of MOD feet to the point of beginning.
FIVE
tual non- exclusive easement for the continuance of, maintenance of and the
tion of the balcony overhang improvement projecting from Parcel One herein
tt;.,part.ofrLot e. Block 5 -A, PAIL VILLAGE, FIRST FILING. according to the
atItheraof, described as follows: Comnencing at the Northeast corner of
thence South 72048102" West along the Northerly line of said Lot e,
let to the TRUE-POINT OF BEGINNING: thence continuing along said Northerly lot
.the said course, 19.00 fleet; thence South 17'11'30" East. 1.00 foot; thence
24810m East, MOD feet; thence North 17011'30" West a distance of 1.00 foot
Ti,ue Point of Beginning.
10/18/2011 -- - -- --
2-2-23
I
EMBIT B
(Attached to'and made a part of condominiwi
VOCIArAitions 'for.- the
RuCksack Condominiums)
Interests in General Common Elements
10/18/2011
2-2-24
tilt ELtIP?8 ►"UMMA" ,
''of Square
TO T" vM
Feet in unit
670
142
1,034
*,qv
.1539.
11416
3,019
V,
-c-
1,413
10/18/2011
2-2-24
STATE or EJ11ii E
a .. #
°APR 2 7:19T
40-,5f YYAX,
i � S
P l
1
r
1 J cr
7
10,18,2011
2.2.25
EXHIBIT "C"
APART OF LOTS C & D, BLOCK 5 -A, VAIL VILLAGE FIRST FILING
TOWN OF VAIL, EAGLE COUNTY, COLORADO
LOT B
"WINDOW WELL AREA"
PART OF WALKWAY ELEV. — 8177.00'
LOT C
N00'03'02 "E
M—00% 1
1.92' 14.74' S00'
°286 ET
A" S89'45'5O"W
OUTLINE OF " BUILDING" 14.74'
AT
OUTLINE OF BUILDING
N7�jUNDER CONSTRUCTION
00%
N16'45'44 "W
7.00'
RADIUS = 191.07'
DELTA = 01'57'43"
ARC = 6.45'
S89'35'2j "W
13.76
TRUE POINT OF BEGINNING
"BURTON BUILDING EASEMENT AREA"
N89',35'22"
3.75'
N00'03'02 "E — 2.14'
S89'S6'S8 "E — 59.47'
44.73
14'27 "W — 1.85' PART OF LOT C
"BURTON BUILDING /
EASEMENT AREA"
BASE ELEVATION
= 8177.00'
l� 5A. W
W N1 6'45'44 "W
4.10'
LOT D
RED LION INN
CONDOMINIUMS
"BURTON BUILDING EASEMENT AREA" PARCEL DESCRIPTION
EXHIBIT
13---
NORTHEAST CORNER LOT C
(POINT OF BEGINNING)
S00'09'O0 "E — 7.60'
SOO'24'38 "E — 13.68'
"BURTON BUILDING PROPERTY"
TRACT G
SCALE: 1" = 20'
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 S00'03'02 "W 2.14 FEET; THENCE S89'56'58 "W 44.73 FEET TO THE TRUE POINT OF
BEGINNING; THENCE S0904'27 "W 1.85 FEET; THENCE S89'45'50 "W 14.74 FEET; THENCE NOO'03'02 "E 1.92 FEET;
THENCE S89"56'58 "E 14.74 FEET TO THE TRUE POINT OF BEGINNING.
10/18/2011
2 -2 -26
Gore Range
Surveying, LLC
P,0 Box 15
/,on, CO 81620
(970) 4798698 • fax (970) 479-0055
10/18/2011
2 -2 -26
10/18/2011
2-2-27
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EXHIBIT
EXHIBIT
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-1,0/18/2011
2 -2 -28
F
DISTRICT COURT
EAGLE COUNTY, STATE OF COLORADO
855 Chambers Ave; P.O. 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 41215
illynianiii loll ($ha1InMIX0In
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 43175
Denver, Colorado 80264
Telephone: 303 -
Attorneys for Defendant Jeffrey B. Selby:
Peter H. Doherty 418770
phd @omhdlaw.com
Lindsey W. Jay 434091
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
10/18/2011
2 -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 24, 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 -I 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
10/18/2011
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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 L
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.
11. 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
By: /(t/l fivi t 01-1
Margo Mufl ally
3 of 5
10/18/2011
2 -2 -31
YVONNE MULLALLY SURVIVORS
TRUST
onne Mullally
WILLIAM A. GARDINER ax THE RUCKSACK CONDOMINIUM, INC.
DEBORA A. GARDINER
By B
William A. Gar finer fry el r e it
BRIDGE STREET BUILDING, LLC
aI
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WEST AMERICAN INSURANCE
COMPANY
BAren
4of5
10/18/2011
2 -2 -32
APPROVED AS TO FORM:
LOHF SHAIMAN JACOBS
HYMAN & FEIGER PC BAILEY & PETERSON, P.C.
By:
Stephen . Kapnik, Esq.Q Randall M. Livingston, rsq.
Attorneys for Pluinliffs Attorneys fvr DefendUn s
OVERTURF MCGATH
HULL & DOHE , P. .
By:
Peter- H. D"ol sq.
Altorneys.for Defendant Selby
5 of 5
10/18/2011
2 -2 -33
BY THE COURT:
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MEMBERS PRESENT MEMBERS ABSENT
Bill Pierce
Henry Pratt
Luke Cartin
Tyler Schniedman
John Rediker
Pam Hopkins
20 minutes
A request for the review of a conditional use permit, pursuant to Section 12 -7A -3, Conditional Uses,
Vail Town Code, to allow for a 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. Dill 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
10/18/2011
2 -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 fagade.
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 fagade.
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
10/18/2011
2 -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 /1-ot 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
10/18/2011
2 -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 -713-7, 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- 713-15, 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
10/18/2011
2 -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 Vill, 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 -71-1-7, 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
10/18/2011
2 -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.
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2 -2 -40
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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
10/18/2011
2 -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).
11. 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
0 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
0 93 square feet of additional GRFA on the south side of the building
0 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
0 317 square feet of additional GRFA on the north side of the third floor
0 118 square feet of additional GRFA on the south side of the third floor
0 71 square feet,of additional GRFA on the south side of the fourth floor
0 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.
111. 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:
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Page 2
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
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Page 3
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 -613 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.
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Page 4
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.
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Page 5
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 (CC I) 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
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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
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Page 7
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.
12 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
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Page 8
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 Villaae 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.
Town of Vail
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.
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Page 9
#3 -4 Mill Creek Commercial Infill The
development of commercial frontage along
the west side of Mill Creek to encourage
pedestrian traffic in this area. Pedestrian
improvements including the bridge over Mill
Creek and a mid -block connection to Bridge
Street are also desired (see Urban Design
Guide Plan). Improvements to Mill Creek
(landscaping, utility relocation and stream
bank stabilization) as well as loading and
delivery, must be addressed. Special
emphasis on 2.4, 2.5, 3.4, 4.1, 6.1.
Vail Village Urban Design Guide Plan
This Guide Plan represents collective ideas
about functional and aesthetic objectives for
Vail Village. Diagrammatic in nature, the
Guide Plan is intended to suggest the nature
of improvements desired. It is based on a
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:
Legal Address:
Zoning Designation:
Land Use Plan Designation
Current Land Use:
Lot Size:
Geologic Hazards:
288 Bridge Street
Part of Lots C & D, Block 5, Vail Village Filing 1
Commercial Core 1 (CC1) District
Village Master Plan
Mixed Use
5,564 square feet (.1277 acres)
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 Page 10
10/18/2011
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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
North
Mixed Use
South
Mixed Use
East
Mill Creek
West
Mixed Use
VII. REVIEW CRITERIA
Zone District
Commercial Core 1
Commercial Core 1
Outdoor Recreation
Commercial Core 1
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
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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 following 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
10/18/2011
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Page 12
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
10/18/2011
2 -2 -69
Page 13
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 traff ic 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.
I' M0 • •
On October 8, 1984, the PEC approved a CCI exterior al
requested. Site coverage
approved with the condition
Town prior to construction.
was proposed at 79.0 %.
that a floodplain modification
eration. No variances were
Fhe exterior alteration was
request be approved by the
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
10/18/2011
2 -2 -70
Page 14
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 CC[. 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
10/18/2011
2 -2 -71
Page 15
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.
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 -713-7, 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
10/18/2011
2 -2 -72
Page 16
"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 1Part 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
10/18/2011
2 -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-
76-15, 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
10/18/2011
2 -2 -74
Page 18
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
10/18/2011
2 -2 -75
Page 19
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10/18/2011
2 -2 -76
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10/18/2011
2 -2 -76
From: Jeff Selby <jselby@teatrotower.com>
Sent: Wednesday, August 24,20118:52 AM
To- Randall M. Livingston
Subject: Fwd: PEC review of the residences at the Rucksack Building
PEC approval.
Sent from my iPhone
Begin forwarded message:
From: "Rachel Friede Dimond" <RDimond@vailgov.corn>
Date: August 23, 20118:21:47 AM NOT
To: "Jeff Selby" <iselby@teatrotower.com>
Subject: RE: PEC review of the residences at the Rucksack Building
Rachel F. Dimond
Town Planner
Community Develo@ment Degartment
WS-il,76A
WITIlim
970.479-2452 fax
fs. fl- • -
From: Jeff Selby [mailto:jselby@teatrotower.com]
Sent; Monday, August 22, 20115:14 PM
To: Rachel Friede Dimond
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 line, off the current condominium property?
10/18/2011
2-2-77
Thank you,
Jeff
From: Rachel Friede Dimond [mailto:RDimond @vaiigov.com]
Sent: Monday, August 22, 20114:58 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 4t'
floor. Let me know if you have questions.
Rachel F. Dimond
Town Planner
II it ,
f std
rs • s s°
From: Jeff Selby [mailto:jselby @teatrotower.com]
Sent: Monday, August 22, 20116:54 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
10/18/2011
2 -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. I 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(@vail ov.com]
Sent: Monday, August 08, 20112:20 PM
To: Jeff Selby
Subject: RE: sign program
approval. This will definitely be a condition of
project supporting this your comments.
970.479.2440
970.479-2452 fax
From: Jeff Selby l mailto :jsselby(cbteatrotower.coml
Sent: Friday, August 05, 20112;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.
10/18/2011
2 -2 -79
Thank you and have a nice weekend,
Jeff
Sent from my iPhone
On Jul 28, 2011, at 1:18 PM, "Rachel Friede Dimond" <RDimond @vaflgov.com> wrote:
I will send it over once its done.
Rachel F. Dimond
Town Planner
<irnage001.png>
ffieffi-M
r, Z71%73 U I 41M
From: Jeff Selby rmaiIto:JseIbv@teat_rotower.Lom
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 Mullally and will be reviewed at the August 8th
PEC Hearing?
Thank you,
Jeff
• 7/6/113:56 PM, "Rachel Friede Dimond" <RDimond@vailgov.com
<mailto:RDimond@vailgov.com> >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 I think is a long shot. What are your thoughts?
T-qpt .
10/18/2011
2-2-80
Town Planner
Community Development Department
<i .png>
970.479.244
970.479-2452 fax
F,mm- ]effSelby ]
Sent VVednesdoy, July 06,3U1111:49AM
To: Rachel FhedeDimond
Subject: RE: sign program
Rachel:
Thanks and please let me know if anything bsubmitted.
M the proposed elevator at the southeast corner of the building mat the northeast corner?
Jeff
From: Rachel FriedeDimnnd ]
Sent: Wednesday, July 06,ZOI1I1:38AM
To: Jeff Selby
Subject: RE: sign program
Jeff- I have been talking to two architects about Mullally addition and an elevator addition. Nothing has
been formally submitted.
Rachel F. Dimond
Town Planner
Community Development Department
<UmnageUD1.pn8>
970-4792440
970.479-2452 fax
>
From: Jeff Selby ]
Sent: Wednesday, July 06,ZU1121:37AM
To: Rachel FhedeDimond
Subject: RE: sign program
I understand that Joe's menu sign relocation was approved by DRB. 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
]U/]8/2U||
228l
submit any requests for improvements tn their units and/or the building. | would appreciate knowing Kanything
comes in.
Best regards and hope you're having a great summer,
Jeff
From; Rachel Friede Dimond ]
Sent Tuesday, May 31°3O114:0GPKx
To: Jeff Selby
Subject: sign program
Rachel F. Dimond
Town Planner
Community Development Department
970.479.2440
970.479-2452 fax
>
-- EndofForwarded Message
]0/]8/2U||
2282
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 18, 2011
ITEM /TOPIC: Dinner Break
10/18/2011
rawH of vn' i['>
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 18, 2011
ITEM /TOPIC: Citizen's Participation
10/18/2011
rawH of vn' i['>
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 18, 2011
ITEM /TOPIC: Town Manager Report
10/18/2011
rawH of vn' i['>
rawH of vn' i['>
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 18, 2011
ITEM /TOPIC: First reading of 2012 Budget Ordinance No. 21, Series 2011
PRESENTER(S): Kathleen Halloran
ACTION REQUESTED OF COUNCIL: Approve or approve with amendments 2012 Budget
Ordinance No. 21, Series 2011
BACKGROUND: To be provided in attached memo
STAFF RECOMMENDATION: Approve or approve with amendments 2012 Budget
Ordinance No. 21, Series 2011
ATTACHMENTS:
2012 Budget
10/18/2011
TOWN OF
Memorandum
TO: Vail Town Council
FROM: Finance Department
DATE: October 12, 2011
SUBJECT: 2012 Proposed Budget — Ordinance 21
SUMMARY
The first reading of Ordinance 21 on October 4th was tabled pending additional discussion.
Approval of this 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 prior meeting, the following changes have been
made to the 2012 budget proposal:
Capital Projects Fund:
• Council requested removing $150,000 from the 2012 capital budget for the demolition
and re- purposing of the LionsHead Information Booth pending future discussions.
• Staff reduced Facilities Capital Maintenance for 2012 by $150,000. Several
repairs /replacement items were removed based on the assumption that future projects
will continue to move forward such as the Library and Main Vail Fire Station remodels.
Please see Attachment A for detailed expenditures within this item.
In addition, the following are responses relating to Council's questions during the October
4th meeting:
General Fund:
This budget proposal currently includes Council contributions (including Commission on
Special Events) with slightly less funding than prior years. If Council chooses to
increase funding for non - profit organizations or special events, staff recommends one-
time allocations for the following: $25K to Bravo! for their 25th anniversary celebration;
$20K to the Colorado Ski Museum for Vail's 50th exhibits; $25K to the Vail Valley
Foundation for a final year of Street Beat concerts; $25K to the CSE allocated to the Vail
Symposium; and $20K to Betty Ford Alpine Gardens to finish repairs of the main water
feature. These increases would use $95,000 of the $142,000 operating surplus currently
reflected in the General Fund for 2012, along with $20,000 from the RETT Fund.
Staff recommends a placeholder for the Vail's 501h Anniversary at $250,000 funded from
reserves, with a detailed proposal from the Vail 501h committee to be presented to
Council during a future meeting.
Workers' Compensation expense increase from 2010 to 2011 (20 %) is the result of a
few incidents with high severity (severity is judged by the amount of time off of work).
The incidents don't necessarily reflect poorly on the town's safety record. For example,
10/18/2011
6 -1 -i
a police officer on duty was assaulted and injured. Overall, the town's "experience mod ",
a factor used in calculating premiums, went up from 0.7 to 0.8. Anything less than 1.0 is
considered excellent however we still experienced an increase in premium cost.
Capital Projects Fund:
• Within the Capital and RETT budgets, staff has highlighted (in yellow) projects that have
been identified in recent Council meetings but do not have detailed plans as yet. While
the 2012 budget provides a placeholder, these projects are not considered approved
projects until Council reviews individual proposals. Some of the projects highlighted
include the Vail Village Information Booth renovation, the Library remodel, the Guest
Services Enhancement project, Sundial Plaza, etc.
• Council requested supporting documentation regarding the town's capital maintenance
schedule, which is the basis for the long -term capital plan to maintain facilities. Please
see Attachment B for the introduction memo for the capital maintenance study
performed by Borne Engineering dated 1/19/2009. The study recommended various
levels of funding over a 20 -year period starting in 2009. Attachment C shows the
estimated spending as recommended by Borne. Due to the economic climate, the town
started to defer capital projects and maintenance in 2009. The fully - detailed study done
by Borne is available upon request for your review; it was not included here due to
volume.
Town of Vail Page 2
10/18/2011
6 -1 -2
Attachment A
Capital Budget - Project Detail
2012
2013
2014
2015
2016
Project Name:
Facilities
$ 815,000
$ 545,000
$ 705,000
$ 520,000
$ 368,600
Project Code:
CMT005
Project Manager:
John Gallegos
Community Development
building
Stucco patching / painting (10 yrs)
Window repair (10 yrs)
2,448
Door replacement
6,000
Roof - damage only
Roof replacement (2020)
Interior walls and ceilings (6 yrs)
13,500
Interior flooring (13 yrs)
16,500
Kitchen update incl. appliances (2018)
Restrooms - remodel
8,500
Boilers (2) (2023)
Air handling unit relacement (2023)
Furnace (2023) and expansion tank (2024)
Hot water heater (2020)
Fire Station I (East Vail) m
Stucco patching / painting (10 yrs)
Wood siding clean & paint (5 yrs) ; Replace 2017 8,225
Window repair (10 yrs)
Door replacement 6,000
Overhead garage doors 7,500
Wood decks - rebuild
Facility interior: carpet (15 yrs)
Facility interior: paint (7 yrs)
Hot water heater (2025)
Compressor - replacement 3,125
Radiant Heat tube replacement (2022)
Exhaust extraction system replacement (2017)
Generator replacement (2027)
Fire Station 11 (Main Vail)
Stucco patching / painting (10 yrs)
Wood siding clean & paint (5 yrs) ; Replace 2017
7,990
Wood siding replacement
Window repair (10 yrs)
Door replacement
Overhead garage doors
12,500
Sloped roof replacement
Gutters, Downspouts and Heat Trace
Facility interior: carpet (15 yrs)
Facility interior: the floor
Facility interior: paint (7 yrs)
Hot water heater
1,875
Radiant Heat tube replacement (2022)
Exhaust extraction system replacement (2023)
Generator replacement (2028)
Fire Station III (West Vail)
35,000
Library
Wood siding clean & paint (5 yrs) or 23,700
Window repair (10 yrs) 5,100
Door replacement (2018)
Metal reoofing (2020)
Skylights mtce ; replacement 2022 4,300
Facility interior: carpet (12 yrs)
Kitchen (2018)
Restrooms (2) 17,000
Boiler (1) replacement (2025)
Expansion tank for boiler 3,100
Hot water heater (17 yrs)
Air Handling unit (2023)
Air compressor (2021)
Fire panel (2026)
Security system 27,500
11JIr:501 0' I
6 -1 -3
Attachment A
Capital Budget - Project Detail
2012
2013
2014
2015
2016
Project Name:
Facilities
$ 815,000
$ 545,000
$ 705,000
$ 520,000
$ 368,600
Project Code:
CMT005
Project Manager:
John Gallegos
Municipal Building
& Police Dept
Stucco patching / painting (10 yrs)
73,190
Wood siding (6 yrs)
7,638
Stone Veneer (10 yrs)
Windows and doors.(10 yrs)
7,920
Rebuild balconies
35,100
Roof (2017)
Gutters and downspouts (2017)
Subsurface concrete parking repairs (8 yrs)
12,000
Interior walls and ceilings (1 yr)
48,000
11,660
11,893
12,131
12,374
Interior flooring (13 yrs)
126,000
Kitchens (2) one in 2015; second in 2017
8,000
Locker rooms and restrooms (16 yrs)
42,500
Boiler replacement (5)
11,250
Re -tube Boilers (5) (10 yrs)
25,000
Circulation pumps (3 yrs)
5,626
Expansion tanks (4)
12,500
Hot water heaters (2) (17 yrs)
1,500
Air Handling units (2)
152,000
165,000
Interior Cooling units (4) (2017)
Parking garage heaters (5)
6,875
Rooftop units (7) (2023)
Exterior Air conditioning units (2) (2027)
Electrical equipment (switch panels) (9) (2026)
Fire panel
8,125
Elevator drive and controls
43,750
Elevator cab remodel
10,000
Public Works Administration
Damaged sections of heated walkways (8 yrs) 2,188
Wood siding clean & paint (5 yrs) 10,810
Window repair (10 yrs) 7,344
Roof (2026)
Facility interior: carpet (15 yrs) (2018)
Facility interior: paint (10 yrs) 5,512
Kitchen update incl. appliances 5,000
Restrooms (2) (15 yrs) 8,500
Boiler replacement 10,000
Circulation pump (13 yrs)
Expansion tank (2018)
Hot water heater replacement 2,750
Public Works Shop and Bus Barn
Heated concrete slabs - minor mtce (3 yrs)
1,250
Heated concrete slabs - replace damage (7 yrs)
11,500
Wood siding clean & paint (5 yrs)
82,250
Wood siding 25% replacement (5 yrs) (2021)
Window repair (2020)
Doors: cyclically repl. Locks, weather stipping (3 yrs)
8,107
Metal door repair (5 yrs)
1,375
Window replacement (25% every 5 yrs)
18,375
Overhead garage door 11' (replace section 25 %) (4 yrs)
26,250
Overhead garage door 22' (replace section 25 %) (4 yrs)
52,500
Steel doors ( replace section 25 %) (7 yrs)
23,625
Roofing (replace portion 30 %)
24,750
Restrooms remodel
8,750
Locker rooms (2018)
Boiler replacement
Expansion tank replacement (2018)
Circulation pumps (3) (5 yrs)
28,875
Hot water heater replacement
3,125
Furnace replacement (2 of 9 total)
16,376
Radiant Heat tube replacement (5 yrs): Bay
62,813
Radiant Heat tube replacement (5 yrs): Bus barn (2017)
Compressors (2018)
Vehicle service lift replacement (2)
20,000
Vehicle paint booth - replace air cleaning unit
24,375
Exhaust extraction system replacement
18,750
Fuel level monitors stem replacement
18,750
IV/ 1 ZS /6V 1 1
6 -1 -4
Attachment A
Capital Budget - Project Detail
2012
2013
2014
2015
2016
Project Name:
Facilities
$ 815,000
$ 545,000
$ 705,000
$ 520,000
$ 368,600
Project Code:
CMT005
Project Manager:
John Gallegos
Water recycle unit replacement (2017)
Bus Wash Equipment
45,000
Fire panel (2021)
Snowmelt Boilers
Lift Stations
-
Annual Maintenance /repairs
75,000
75,000
75,000
75,000
75,000
Ford Park
80,000
Vail Valley Drive
80,000
80,000
Ski Museum
Facility interior: carpet (2018)
Restroom 6,250
Hot water heater replacement (18 yrs)
Air conditioning unit (2022)
Vail Village Info Center
Heated concrete slabs - replace damage (7 yrs)
Stucco patching / painting (10 yrs)
43,914
Stone Veneer (6 yrs)
1,500
Windows and doors.(10 yrs)
Restroom (15 yrs)
Facility interior: tile repair (10 yrs)
4,375
Facility interior: paint (6 yrs)
Buzzard Park
Stucco patching / painting (10 yrs) (2018)
Wood siding repairs (5 yrs) 25,615
Window repair (10 yrs) 8,640
Doors: cyclically repl. Locks, weather stipping (3 yrs) 4,375
Railings maintenance (5 yrs) 1,800
Railings replacement (2018)
Stairways and landings: wash and seal (4 yrs) 2,490 2,988
Roof (2023)
Gutters, downspouts and heat trace (2023)
Washers and dryers replacement 8,750
Boiler replacement 25,000
Expansion tanks (2018)
Circulation pump replacement (7 yrs) . 1,500
Transit Offices
Heated concrete slabs - replace damage (7 yrs)
3,188
Stucco patching / painting (10 yrs)
47,292
Stone Veneer (6 yrs)
1,250
Windows and doors.(10 yrs)
6,192
Skylights maintenance (10 yrs)
24,960
Skylights replacement 25% (7 yrs) (2018)
Facility interior: carpet (13 yrs)
18,350
Facility interior: tile repair (10 yrs)
1,500
Facility interior: paint (6 yrs)
20,140
Restrooms and locker rooms (15 yrs)
105,000
General maintenance (unexpected) approx. $51K per bldg
70,000
70,000
70,000
70,000
70,000
10/18/2011
6 -1 -5
A+F ew �- 3
January 19, 2009
Performance Reborn.
Town of Vail Facilities
1289 Elkhorn Drive
Vail, Colorado 81657
Re: Town of Vail Facilities, Vail, Colorado
Property Condition Assessment — Project No. 08080 -954
Dear Town of Vail Representatives:
Thank you for the opportunity to provide professional evaluation services to the Town of
Vail. It has been nothing short of pleasure working with facility management. We commend
you for making the effort to evaluate and plan for the Town's facilities future expenditures.
Facility Summary
The facilities included in this assessment report are as follows:
• Buzzard Park Housing; located at 1329 Elkhom Drive, consists of one 13,500 square
foot building housing 24 rental units. This complex has central heat and domestic
hot water systems, a sloped roof, and asphalt parking areas. The town is responsible
for the exterior and interior of the units including the interior walls, floors, ceilings,
windows, and doors. It was constructed in 1996.
• Donovan Park Pavilion; located at 1600 South Frontage Road, consists of one
building used for special events. The building has an HVAC system, domestic hot
water system, sloped roofing, a large meeting space, full commercial kitchen, two
restrooms and a snow melt system. It was constructed in 2003.
• Community Development Building; located at 111 South Frontage Road, consists of
one 7,000 square foot building housing town office spaces. The building has central
domestic heat and water systems, sloped and low sloped built -up -roof systems, and
asphalt parking areas. The building was constructed in 1967 and was converted to
the Community Development Building from the post office in 1990.
• Municipal Building and Police Department; located at 75 Frontage Road West,
consists of one single story 11,425 square foot building with at least a third of it has
a basement, housing the town offices and the city council chambers. The building
has several boilers, electric heating units, a low sloped built -up -roof and asphalt
parking areas. The building was constructed in the 1960's. In addition, the Police
Department is a one story structure and has several boilers for space and domestic
water heat. The building also utilizes roof -top units for air temperature control. This
addition was constructed in 1992.
• Fire Station No. 1; located at 4116 Columbine Drive, consists of one 2 -story building
housing vehicle bays and fire personnel quarters. The building is 7,150 square feet
1130 WEsT 124TH AVENUE Sung 100 WESTMINSTER, COLORADO 80234
TEL 303/4261731 FAX 303/4261732
�6 �6NGXOM
6 -1 -6
Town of Vail Facilities
aropedy Coed on Assessment
and has central heating and domestic water systems, sloped roofing and asphalt
parking areas. The building was constructed in 1980.
Fire Station No. 2, located at 42 West Meadow Drive, consists of one 2 -story building
housing vehicle hp and d m mceater , building 0
and has central heating ems sloped roofing and asphalt
parking areas. The building was constructed in 1971.
• Town Ubrary; located at 292 West Meadow Drive, consists of one 17,400 square
foot building. The building has central heat and domestic water systems, office
space, low sloped membrane roof systems and sod roof systems of over membrane.
There are 4 employee housing bedrooms in the basement of the library. The
building was constructed in 1985.
Uonshead Parking Structure; located at 395 South Frontage Road West, consists of a
3 level 1,150 parking space structure that was constructed In 1980.
Colorado West Mental Health Building; located at 395 East Uonshead Circle (in the
Uonshead Parking Structure) consists of offices and baseboard heating. It was
constructed in 1979.
Uonshead Auxiliary Building, located at the Uonshead Parking Structure, consist of
one 1,506 square foot building with central space, restrooms and HVAC system.
Uonshead Information Center consists of a deck wood siding, central space and
furnace. It was constructed around 1980.
Public Works Administration Building; located at 1309 Elkhorn Drive, consists of one
5,075 square foot bestic her that de Public
elt syoffices. he building building
central space,
remodeled in 1996.
Public Works Shop and Bus Barn; located at 1289 Elkhorn Drive, consists of one two -
story 33,250 square foot facility. The building has offices on the upper level, central
domestic water and space heat systems, low sloped built -up and membrane roof
systems, 20 vehicle bays, vehicle wash equipment, a body shop, paint booth,
carpentry shop, sign shop, electrical shop, landscape shop and several other vehicle
maintenance stations. It was constructed in 1980.
Vail Village Parking Structure; located at 241 East Meadow Drive consists of a four
level 1,350 parking space structure. The west side was constructed in 1979 and the
east side was constructed in 1990.
• Vail Village Transportation Center; approximately 4,000 square feet, located at 241
East Meadow Drive at the parking structure with office space and the bus terminal
building. It was constructed in 1980.
• Vail Village Information Center is a single story building, approximately 3,000 square
feet, located at 251 South Frontage Road East, adjacent to the Vail Village parking
structure. It was constructed in 1990.
Colorado Ski Museum is located on the 3rd level of the Vail Village Transportation
Center. The building is two stories in height and has small heat and water systems.
It was constructed in 1980.
Bomengineering 10/18/2011
Page 2 08080 -954
6 -1 -7
b
1
Property condition Assessment
Approach
Bornengineering has been commissioned to prepare a property condition assessment with
Physical Needs Analysis for the site and building components for the above mentioned
facilities. The purpose of the assessment was to review the site, architectural, structural and
mechanical systems to determine existing conditions and to identify and provide cost
estimates for the required physical needs of the systems over the term of the analysis.
These pbysical needs are repairs, replacements and significant maintenance items which will
most likely be needed over the next 20 years (term).
Observations
Bornengineering's team of specialists, accompanied by facility management staff, visited the
subject property to visually observe the site and building components. We reviewed a
sample of the components which typically Included the following:
• Grading and Drainage
• Flatwork
• Landscaping and Appurtenances
• Facade
• Roofing
• interior
• Mechanical
The sampling of these components was adequate to determine, with confidence, the
condition and cost estimates with acceptable accuracy. The current facilities management
team provided some maintenance, repair and replacement information.
Assessment Criteria
The following Property Condition Report was assembled and describes the components
observed and comments on our opinion of the components' condition. The assessment
included review and analysis of the major maintenance, repair or replacement tasks
associated with the above mentioned components which normally involve significant
expense or outside contracting.
The assessment was performed in alignment with The Fannie Mae DUSTM Physical Needs
Assessment Guidelines as well as the ASTM E 2018 -01 Standard Guide for Property
Condition Assessments and incorporated applicable building codes, manufacturer's
Installation requirements, and ASHRAE standards.
Expected Useful Life
The Expected Useful Life was taken from the table provided in the Fannie Mae DUSTM
Physical Needs Assessment Guidelines. We included an Expected Useful Life number for the
various components. If we concluded that an estimate is inappropriate, we made necessary
adjustments.
Bomengineering 10/ 18 / ?p9j 3
6 -1 -8
08080 -954
pmpeft cnnditlon Anent
Age
Town of Vail FadNes
We included the actual Age of the component whenever possible. If the actual age was
unknown, an estimate is provided.
Effective Useful Life
We Included an Effective Useful Life of the components In their "a Is" Icon i�u�d o used to We
standard components with standard maintenance, the Expected
determine Effective Useful Life by deducting the Age from the Expected Useful Life. A
component with unusually high original quality or maintenance could have a longer life, or
Vice versa. Bornengineering applied professional judgment in making a determination of
Effective Remaining Useful Life.
Action
If any action to the component Is required — whether it is immediate or over the term of the
assessment — the Action is noted with a general recommended work description, cost
estimate and the associated timing.
Quantity
For items requiring action, the evaluator will note a quantity estimate, with the applicable
unit of measure entered.
Cost Estimates
Cost estimates will be determined ft from bids received, historical costs
provided, from unit co obtained m rj� of mila size and scope or from
estimating guides (RS Means, Walkers Builders Estimators Reference Book, and Dodge Unit
Cost Guide).
Physical Needs Over Term
The actions for the r a facility components expenditure
financial software p ogrm _hp roduced a set of 20 year projections which
includes the following information:
1. A summary page with general information about the facility.
2. Inflation factor applied to all future expenditures.
3. The annual contribution to the fund.
4. A 20 -year projection graph that displays the capital contributions, balance
and future estimated expenditures with inflation.
S. A summary report detailing the estimated expenditures assigned to the
individual facility components.
6. An annual breakdown of the projections over the 20 -year period in a calendar
format.
7. A monthly breakdown of the capital expenditure analysis over the 20 year
term.
Bomengineedng 10/18/2011
Page 4 08080 -954
6 -1 -9
r
Property condition Assessment Town of Vail Facilities
The projections assume an inflation factor; typically, the value is around five percent., which
reflects the average annual construction cost Increase over the past 20 years. We
recommend an annual update if there are any significant changes in the condition of the
facility. Every three to five years, a thorough review of all these items should be conducted.
Assumptions
The costing for the major maintenance, repair or replacement tasks associated with the
above mentioned components was assembled with the assumption that the work would be
completed by a general contractor from the public labor pool. The actions assigned to the
components reflect work that would repair, maintain or replace with like components. The
costs provided herein do not include design or administrative fees or any other fees /taxes.
Exclusions
Items not Included In this evaluation are:
• Other facilities not specifically mentioned In this report.
• All site and building systems not specifically mentioned In the "approach" section
of this report.
• Invasive or destructive testing of the site and building components.
• Environmental related Items.
• Components with work that has estimated costs below the reserve component
threshold amount, typically $1,000.
• Long lasting Items with estimated economic lives exceeding 30 years, such as
sanitary sewers or building structural components.
• Normal monthly operating items, i.e., utilities, cleaning and landscape
maintenance, etc.
The assessment was based on Bornengineering's professional opinion of the physical
condition of the improvements and the effective remaining life of those improvements as of
the date of the observation. The actual performance of the individual components may vary
from a reasonably expected standard and will be affected by circumstances which occur
after the date of this evaluation. The report Is not Intended to identify minor, inexpensive
repairs.
Disclaimer
This. Property Condition Assessment was prepared for Town of Vail Facilities. The
Information contained within this document has been assembled in conjunction with the
client and is intended to assist the client with its financial planning. A Reserve Specialist or
Reserve Technician has performed visual site observations of the project to identify major
repair, maintenance and replacement items. These observations are non - invasive in nature
and do not include any testing, verification of the original intent of the designer, or
compliance with industry standards. Bornengineering does not guarantee, either explicitly or
implied, that all repair and replacement items have been identified, the accuracy of the
probable costs or the product lives associated with these items.
Bomengineering Page 5 08080 -954
10/18/2011
6 -1 -10
ftperty Condition Assessment
Town of Vall Fadlides
In rovidin the opinions of probable construction costs, the client understands that
P 9
Bornengineedng has no control over costs or the price of labor, equipment or materials, or
over the contractor's method of pricing, and that the opinions of probable construction costs
provided herein are made on the basis of Bornengineering's qualifications and experience.
Bornengineering makes no warranty, expressed or implied, as to the accuracy of such
opinions as compared to bid or actual costs.
All comments made are based on conditions seen at the time of this visual observation. We
do not accept any responsibility for unknown or unknowable conditions within the existing
site or structures.
If you have any questions regarding this report, please do not hesitate to contact our office.
Sincerely,
Bomengineering
d 1.
Catherine Hawkins
Reserve Study Project Manager
Site and Building Evaluation Group
Bomengineedng Page 6
10/18/2011
6 -1 -11
08090-954
Final Capital Expenditure Analysis
- - - - - Reserve - summary �-
Project Information
Project Name
Town of Vail Facilities
Property Management Company
Town of Vail
Phone: 970 -479 -2170
Fax:
General information
Study year: 2008
Fiscal month: January
Funding Information
Initial balance:
$.00
Planned account funding increase:
0%
Projected interest rate earned:
0%
Inflation rate for projected expenditures:
5%
Tax rate on interest earned:
0%
Average loan rate on borrowed monies:
0%
.% 04L
2011
$825,962.63
Average
Year Annual Total
Average
Monthly
Monthly
contribution
contribution
contribution
2022
$26,8_03.92
embe
Per Member
Per
2009 T $977,413.13_
$81,451.09
$81,461.09 �
2010 $542,878.81
_
$45,22323
$46,22323
2011
$825,962.63
$68,83022
$68,830.22
2012
$812,398.19
$51,033.02
$51,033.02
20_13
2022
$26,8_03.92
$26,80_3.92
2014_
_1321,647.00
$638_,235.31
$53,019.61
$53,019.81_
2015
_ _'_
$37,748.53
_
$37,748.53
2016
_ _$452_,982.31
$521,277.81 -
—
$43,439.82
$43,439.82
2017
$1,319,893.00
$109,991.08
$109,991.08
2018
$998,740.63
$83,228.39
$83,228.39
Bomengineering
10/18/2011
6 -1 -12
Type of Property
Town Facilities
Number of Units
1
Age of Complex
30 Years
Year Annual Total
contribution
Town of Vail Fad riles
Average Average
Monthly Monthly
con
contribution contribution
Per Member
2019
2020
$86_9,77_2.63
$341,481.09
$72,481.05
$28,456.78
_ _$72,481.05_
$28,468.78
2021
$920,729.63
$76,727.47
$76,727.47
2022
$926,373.63
$77,197.80
$77,197.80
202_3
2024
2025
2028
$1,269,704.00
$1,419,478.00
$1,387,395.0_0
$1,981,147.00
$105,808.67_
$1_18,289.83
, $115,616.25
_$105,808.67
$118,289.83
__$115,616.25
$165,095.58
$165,095.58
2027
$890,021.19
$74,168.43
$74,188.43
2028 $483,976.19
$40,331.35
$40,331.35
Page 152
08080 -954
TOWN
2012 BUDGET
First Reading of
Ordinance No. 21, Series 2011
October 18, 2011
10/18/2011
6 -1 -13
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
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 32
This schedule shows revenue by type and expenditures by project in the RETT
Fund for 2010, 2011 and proposed 2012.
Marketing Fund Revenue and Expenditures
34
Debt Services Fund Revenue and Expenditures 35
Heavy Equipment Fund Revenue and Expenditures 36
Dispatch Services Fund Revenue and Expenditures 37
Conference Center Fund Revenue and Expenditures 38
Health Insurance Fund Revenue and Expenditures 39
10/18/2011
6 -1 -14
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 501h 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
annually.
1
10/18/2011
6 -1 -15
REVENUE
The town's 2012 budget is funded by a projected $51.0 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:
Chargesfo-
Sevices
3%
Transportation
Centers
9%
In Lei Bove[ n[rie[
Revenue
Licenses an(
Permits
3%
2012 Net Revenue Projection:
$51.0M
Earnings on
Transfer frorr VRA Investments
Rent, Fines & 6% r 1% Sales Tax
Misce laneous J n,
Real Estate Transfer Franchise Fees 1% - -
Tax 9%
7%
and
Tax
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
10/18/2011
6 -1 -16
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 $53.9 million excluding inter -fund transfers
and charges. This is a 31.1% 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
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
10/18/2011
6 -I -17
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 %.
Pension
36%
Work
Comper
Benefits Costs
Wellness 2012 $5.7M
Medicare r Benefit
4% / 3%
insurance
Health
Insurance
47%
e, Disability,
and
employment
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
10/18/2011
6 -1 -18
GENERALFUND
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 501h 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
10/18/2011
6 -I -19
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 501h
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
10/18/2011
6 -1 -20
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 - $15,075,374
$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), and completion of the LionsHead Welcome Center ($304,700).
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 $2.9M
• Guest Service Enhancement project ($1.1 M), 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
($1.1 M). In addition, a new pull -off 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 $7.4M at the end of
2012, not including unfunded projects.
7
10/18/2011
6- 1 -21
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 ($1.1 M)
• 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
10/18/2011
6- 1 -22
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
10/18/2011
6- 1 -23
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Town of Vail 2012 Budget
Summary of Changes in Personnel
From 2011 Original Budget to 2012 Budget
2012
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
10/18/2011
6- 1 -25
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Full -Time Regular Employees
Fee Based
Health Insurance
Group Term Life and Accidental Death Insurance
Long -term Disability Insurance
Survivor's Life Insurance
Short -term Disability Insurance
Wellness Benefit
Sworn Officer Death and Disability Insurance
Subtotal Fee Based
Payroll Based
Pension Contribution
Medicare
Workers' Compensation Insurance
Unemployment Compensation Insurance
Subtotal Payroll Based
Total Full -Time Benefits
Part -Time and Seasonal Employees
Fee Based
Wellness
Wellness - Boards & Commissions
Mini -Med Program
Payroll Based
Pension Contribution
Medicare
Workers' Compensation Insurance
Unemployment Compensation Insurance
Subtotal Payroll Based
Total Part -Time and Seasonal Benefits
Total Benefits - All Employees
Town of Vail
Employee Benefits
2009
15.4%
2010
15.6%
2011
15.26%
2012
14.83%
Actual
°% Salary
Actual
% Salary
Budget
% Salary
Proposed
% Salary
2,515,558
18.8%
2,525,000
19.1%
2,530,000
18.73%
2,700,000
19.78%
214,665
1.6%
213,525
1.6%
86,000
0.64%
74,000
0.54%
2,442,896
18.3%
2,414,082
18.3%
55,000
0.41%
53,000
0.39%
72,000
0.53%
74,000
0.54%
25,000
0.2%
25,400
0.2%
32,000
0.24%
25,000
0.18%
94,352
0.7%
144,794
1.1%
95,000
0.70%
95,000
0.70%
65,629
0.5%
68,336
0.5%
68,500
0.51%
72,000
0.53%
2,915,204
21.8%
2,977,055
22.5%
2,938,500
21.75%
3,093,000
22.66%
2,059,169
15.4%
2,059,475
15.6%
2,061,484
15.26%
2,024,625
14.83%
172,959
1.3%
168,269
1.3%
180,861
1.34%
182,938
1.34%
182,241
1.4%
158,471
1.2%
192,500
1.43%
191,400
1.40%
28,527
0.2%
27,867
0.2%
27,000
0.20%
27,300
0.20%
2,442,896
18.3%
2,414,082
18.3%
2,461,845
18.23%
2,426,264
17.77%
5,358,100 40.1% 5,391,137 40.8% 5,400,345 39.98% 5,519,264 40.43%
72,199
3.8%
117,746
6.1%
75,000
3.89%
8,100
0.4%
9,100
0.5%
9,100
0.47%
4,199
0.2%
3,375
0.2%
6,000
0.31%
75,000 3.68%
9,100 0.45%
6,000 0.29%
30,115
1.6%
28,989
1.5%
28,910
1.50%
30,586
1.50%
27,899
1.5%
27,788
1.4%
27,946
1.45%
29,566
1.45%
26,153
1.4%
22,973
1.2%
27,500
1.43%
27,716
1.36%
4,094
0.2%
4,040
0.2%
3,855
0.20%
4,078
0.20%
88,261
4.7%
83,790
4.3%
88,210
4.58%
91,946
4.51%
172,759 8.9% 214,011 11.1%
5,530,859 36.1% 5,605,148 37.0%
14
10/18/2011
6 -1 -28
178,310 9.25% 182,046 8.93%
5,578,655 36.14% 5,701,310 36.34%
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TOWN OF VAIL 2012 BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
GENERALFUND
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
Property and Ownership
Ski Lift Tax
Franchise Fees, Penalties, and Other Taxes
Licenses & Permits
Intergovernmental Revenue
Transportation Centers
Charges for Services
Fines & Forfeitures
Earnings on Investments
Rental Revenue
Miscellaneous and Project Reimbursements
Total Revenue
Expenditures by Type:
Municipal Services:
Town Officials
Administrative Services & Risk Management
Community Development & Housing
Police
Police Communications
Fire
Public Works & Streets
Transportation & Parking
Facilities
Library
Economic Development
Total Operating Expenditures
Revenue Over (Under) Expenditures
2015 World Alpine Ski Championships
Pro - cycling event
2015 Nation's Event
Vail's 50th Anniversary
Transfer to Capital Projects Fund
Revenue Net of Transfers & New Programs
Beginning Fund Balance
Ending Fund Balance
EHOP balance included in ending fund balance -
not spendable
$ 10,143,624 $ 10,310,000 $ 10,859,000 $ 10,859,000
4,951,386
5,055,000
5,055,000
4,232,000
3,357,717
3,193,000
3,193,000
3,492,000
1,040,425
1,087,402
1,087,402
1,112,753
1,387,337
732,200
732,200
955,000
1,929,121
1,524,065
1,525,365
1,911,250
5,037,042
4,911,500
4,411,500
4,425,000
875,627
702,963
810,963
774,850
271,561
305,000
305,000
325,000
1 19, 049
194,000
194,000
1 16, 900
862,151
869,816
869,816
869,816
386,271
161,658
280,607
207,000
30,361,311
29,046,604
29,323,853
29,280,569
1,162,640
1,295,860
1,409,304
1,453,334
3,043,095
3,306,565
3,383,559
3,467,195
1,722,407
1,644,765
1,683,918
1,581,504
4,280,070
4,591,150
4,669,043
4,591,423
522,213
537,827
537,827
575,706
2,817,132
2,981,136
2,988,292
3,078,507
3,530,332
3,553,226
3,572,503
3,674,733
4,495,643
4,661,727
4,782,738
4,889,032
3,315,796
3,733,319
3,733,319
3,551,345
794,879
800,580
801,571
816,751
1,471,156
1,458,255
1,475,157
1,458, 935
27,155,363
28,564,410
29,037,231
29,138,465
3,205,948 482,194 286,622 142,104
(250,000) (250,000)
(75,000) (75,000) (75,000)
(375,000)
(250,000)
(3,742,673) (1,845,800)
(536,725) 407,194 (1,884,178) (807,896)
23,423,417 20,340,414 22,886,692 21,002,514
$ 22,886,692 $ 20,747,608 $ 21,002,514 $ 20,194,618
$ 690,000 $ 690,000 $ 690,000 $ 690,000
10/ 18/201161
6 -1 -30
Expenditures by Type:
Operating Expenses paid for by General Fund:
Town Officials
Administrative Services & Risk Management
Community Development & Housing
Police
Police Communications
Fire
Public Works & Streets
Transportation & Parking
Facilities
Library
Economic Development
Information Center
Council Contributions
Commission on Special Events
Large event commitments: 2015s, Pro Cycling, Vail's 50th
Total paid by General Fund:
Operating Expenses paid for by Marketing Fund:
Commission on Special Events
Operating Expenses paid for by RETT:
Annual Park and Landscape Maintenance
Tree Maintenance
Rec. Path Capital Maint
Park / Playground Capital Maintenance
Street Furniture
Public Art - operating expenses
Alpine Garden Support
Black Gore Creek Sand Mitigation
Forest Health
Environmental Sustainability
Total paid by RETT:
Total Operating Expenditures
Summary of Operating Expenditures
2011 2011
2010 Original Amended 2012
Actual Budget Budget Budget
1,162,640
1,295,860
1,409,304
1,453,334
3,043,095
3,306,565
3,383,559
3,467,195
1,722,407
1,644,765
1,683,918
1,581,504
4,280,070
4,591,150
4,669,043
4,591,423
522,213
537,827
537,827
575,706
2,817,132
2,981,136
2,988,292
3,078,507
3,530,332
3,553,226
3,572,503
3,674,733
4,495,643
4,661,727
4,782,738
4,889,032
3,315,796
3,733,319
3,733,319
3,551,345
794,879
800,580
801,571
816,751
166,792
173,112
173,112
179,025
201,221
202,990
202,990
218,133
478,013
472,275
489,177
444,635
625,130
609,878
609,878
617,143
75,000
325,000
950,000
27,155,363
28,639,410
29,362,231
30,088,466
280,000
300,000
300,000
300,000
1,198,869
1,317,340
1,317,340
1,350,140
57,331
65,000
85,000
65,000
119,241
104,094
141,177
93,395
94,609
90,000
114,841
85,000
22,472
22,500
22,500
25,000
94,072
89,371
89,371
92,657
55,620
55,620
65,620
55,620
55,477
50,000
65,600
50,000
206,183
145,000
145,000
195,000
253,434
250,000
319,350
250,000
2,157,308
2,188,925
2,365,799
2,261,812
29,592,671 31,128,335 32,028,030 32,650,278
10/18/2014
6 -1 -31
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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 25th 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 25th anniversary celebration
concerts. Staff shifted funding of the Music Matters Education ($7,500 in 2011) over to the 25th
anniversary, and overall this is an increase of funding of $10,000 from prior year. Staff is supporting
the 25th 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/ 1 Hi2� Q
6 -1 -34
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 (2nd of 5 year commitment) for the overall championships and $375,000 annual
commitment (1 St 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.
6 -1 -35
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 501h 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 501h
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).
l0/ l8/2�
6 -I -36
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.
6 -1 -37
O. Summit Films: Vail 501h 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 501h 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/ 1 Hi2� i
6 -1 -38
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 3rd 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/ 18/2
6 -1 -39
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 (31 st Annual Vail Invitational Championships
and the 91" 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 1 St)
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.
6- 1 -40
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.
l0/ 18/2 C
6- 1 -41
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.
l0/ 18/2�
6- 1 -42
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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
Revenue
Business Licenses
Earnings on Investments
Total Revenue
Expenditures
Commission on Special Events / Grants
Collection Fee - General Fund
Total Expenditures
Revenue Over (Under) Expenditures
Beginning Fund Balance
Ending Fund Balance
Comments
$ 314,452 $
317,000 $
332,000 $
332,000
1,083
-
-
3,000
315,535
317,000
332,000
335,000
268,000
300,000
300,000
300,000
15,723
16,100
17,100
17,100 Fee paid to General Fund
283,723
316,100
317,100
317,100
31,812 900 14,900 17,900
106,359 127,759 106,359 121,259
$ 138,171 $ 128,659 $ 121,259 $ 139,159
10/18/2011
-34-
6- 1 -48
TOWN OF VAIL 2012 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
DEBT SERVICE FUND
Expenditures
Principal
2010
2011
2012
Interest Expense
Actual
Forecast
Proposed Comments
Revenue
500
4,000
4,000
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
2,1 15,000
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
(192,929)
4,854
(109)
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
10/18/2011
6- 1 -49
TOWN OF VAIL 2012 BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
HEAVY EQUIPMENT FUND
Revenue
Town of Vail Interagency Charge
Insurance Reimbursements & Other
Earnings on Investments
Equipment Sales and Trade -ins
Total Revenue
Expenditures
Salaries & Benefits
Operating, Maintenance & Contracts
Capital Outlay
Total Expenditures
Revenue Over (Under) Expenditures
2010 2011 2011 2012
Actual Budget Amended Proposed Comments
$ 2,789,389
$ 2,694,081
$ 2,694,081
$ 2,892,362 Based on fuel increase
46,372
-
-
10,159
10,324
10,324
10,324
121,734
203,550
203,550
65,500 Relates to replacement schedule
2,967,654
2,907,955
2,907,955
2,968,186
941,579 960,739 960,739 996,016
1,175,656 1,225,190 1,225,190 1,412,095 Based on fuel increase and parts pricing
941,615 1,007,872 1,148,288 389,144 Based on replacement schedule
3,058,850 3,193,801 3,334,217 2,797,255
(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
10/18/2011
-36-
6-1-50
TOWN OF VAIL 2012 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
DISPATCH SERVICES FUND
Revenue
E911 Board Revenue
Interagency Charges
Town of Vail Interagency Charge
Earnings on Investments
Federal Grant
Other
Total Revenue
Expenditures
Salaries & Benefits
Operating, Maintenance & Contracts
Capital Outlay
Total Expenditures
2011
2010 Original 2011 2012
Actual Budget Amended Proposed Comments
$ 750,440
743,656
743,656
742,256
1,158,151
1,214,925
1,214,925
1,177,061
520,411
537,827
537,827
575,706 7% increase to TOV based on call volume
6,735
7,500
7,500
7,500
15,741 - - -
2,451,478 2,503,908 2,503,908 2,502,523
1,702,928
1,849,958
1,849,958
1,881,204
463,094
519,006
519,006
514,001
43,571
800,000
870,000
50,000 2011: voice logger system
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
10/18/2011
-37-
6-1-51
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
Debt Service
Total Expenditures
Revenue Over (Under) Expenditures
Beginning Fund Balance
Ending Fund Balance
40,350 46,800 46,800
9,324,654 9,365,004 9,411,804
$9,365,004 $ 9,411,804 $ 9,458,604
10 /18 /20JJ
6 -1 -52
May change based on outcome
of ballot question
TOWN OF VAIL 2012 BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
HEALTH INSURANCE FUND
Revenue
Town of Vail Interagency Charge
Employee Contributions
Insurer Proceeds
Earnings on Investments
Total Revenue
Expenditures
Health Inusrance Premiums
Claims Paid
Short -term Disability Pay
Professional Fees
Total Expenditures
2010 2011 2012
Actual Forecast Proposed Comments
Premiums $ 2,540,066 $ 2,565,000 $ 2,725,000 6% increase to departments
353,022 410,000 435,000 6% increase to employees
680,429 270,000 500,000 Reimbursement for individual claims over
$75,000
5,934 10,000 10,000
3,579,451 3,255,000 3,670,000
Revenue Over (Under) Expenditures
Beginning Fund Balance
Ending Fund Balance
367,094
360,000
430,000 Increase due to stop loss policy change
3,278,644
2,990,000
3,330,000 Conservative estimate of activity
35,758
35,000
25,000
20,000
20,000
20,000
3,701,496
3,405,000
3,805,000
(122,045) (150,000) (135,000)
1,121,164 999,119 849,119
$ 999,119 $ 849,119 $ 714,119
10/18/2011
6 -1 -53
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 31s' day of December,
2012:
FUND
AMOUNT
General Fund
30,088,465
Capital Projects Fund
15,075,374
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
62,463,620
Less Interfund Transfers
(8,576,542)
Net Expenditure Budget
53,887,078
Ordinance No. 21, Series of 2011
10/18/2011
6 -1 -54
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 18th day of October, 2011. A public hearing shall be
held hereon on the 1 st day of November, 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
10/18/2011
6 -1 -55
rawH of vn' i['>
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 18, 2011
ITEM /TOPIC: This public hearing will focus on one of the applications intended to facilitate the
Ever Vail development. Specifically the Vail Town Council is being asked to take action on
Resolution No. 6, Series of 2011 which will adopt amendments to the Lionshead
Redevelopment Master Plan to facilitate the Ever Vail project.
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 20111:
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 20111:
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)
10/18/2011
PRESENTER(S): Vail Resorts Development Company and Warren Campbell
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve
with modification, or deny Resolution No. 6, Series of 2011. The Community
Development Department requests that the major subdivision and Ordinance Nos. 7
8, and 9, Series of 2011 be continued to the December 6, 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 Planning and Environmental Commission
recommends the Vail Town Council approve Resolution No. 6, Series of 2011. The
Community Development Department requests that the major subdivision and
Ordinance Nos. 7, 8, and 9, Series of 2011 be continued to the December 6, 2011
public hearing.
ATTACHMENTS:
Memorandum to the Vail Town Council
Resolution No. 6, Series of 2011
10/18/2011
TOWN OF VAIL t
Memorandum
TO: Vail Town Council
FROM: Community Development Department
DATE: October 18, 2011
SUBJECT: Resolution No. 6, Series of 2011, a resolution to amend Chapter 4,
Recommendations — Overall Study Area and Chapter 5, Detailed Plan
Recommendations, Lionshead Redevelopment Master Plan, pursuant to Section
2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment
Master Plan, to amend the recommendations for West Lionshead (Ever Vail) and
setting forth details in regard thereto.
I. SUMMARY
The applicant, Ever Vail LLC, represented by the Mauriello Planning Group, is
requesting final review of one of the five applications that have been submitted in
conjunction with the Ever Vail development proposal. Resolution No. 6, Series of 2011,
is proposed to adopt amendments to Chapters 4 and 5 of the Lionshead
Redevelopment Master Plan.
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. Staff has
incorporated all requested changes in the attached Resolution No. 6, Series of 2011
(Attachment A). Resolution No. 6, Series of 2011 requires on a single reading by the
Vail Town Council for adoption.
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.
10/18/2011
7-1 -1
The changes to the Lionshead Redevelopment Master Plan are highlighted as follows:
Chapter 4 Recommendations — Over All Study Area
• Addition of three new view corridors and potentially a fourth over the water
district; and
• Update of the South Frontage Road relocation alternatives to depict the ability
to do a complete realignment verse a partial realignment.
Chapter 5 Detailed Plan Recommendations
• Identification that West Lionshead is becoming Ever Vail;
• Description of the proposed Ever Vail site and general elements of the project;
• Further detail on the realignment of the South Frontage and provision for the
Simba Run underpass;
• Addition of clarity on vehicular access and circulation including protections for
the ERWSD;
• Addition of sub - section 5.17.3, providing detailed recommendation with regard
to parking and 400 additional public parking spaces;
• Addition of sub - section 5.17.4, providing detailed recommendations with regard
to public transportation, including a transit facility;
• Addition of sub - section 5.17.5, providing detail on the proposed gondola;
• Further detail on the goals with regard to pedestrian and bike access;
• Addition of sub - section 5.17.7, providing detailed recommendations for public
spaces and plazas;
• Further detail on the outcomes with regard to preservation of existing office and
retail space;
• Addition of sub - section 5.17.9, providing detailed recommendations for
development pattern, program and uses;
• Further detail on the goals with regard to the relationship of Ever Vail to Red
Sandstone Creek and Gore Creek;
• Addition of sub - section 5.17.11, providing detailed recommendations with
regard to the provision of employee housing;
• Addition of sub - section 5.17.12, providing detailed plan recommendations for
height, setbacks, landscaping, and site coverage;
• Further detail on the architectural goals of Ever Vail;
• Addition of sub - section 5.17.14, providing detailed recommendations with
regard to green building;
• Deletion of the Detailed Plan Recommendations for the Glen Lyon Office
Building and relocation of certain recommendations which are to be carried
forward (ie. height); and
• Further detail on the provision of access to ERWSD.
III. CRITERIA AND FINDINGS
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
Town of Vail Page 2
IoilHi2o11
7 -1 -2
Lionshead Redevelopment Master Plan, amendments to the Master Plan must address
the following review criteria:
1) How have conditions changed since the plan was adopted?
2) How is the plan in error?
3) How would an addition, deletion, or change to the plan be in concert with the
plan in general?
Staff included the memorandum to the Planning and Environmental Commission for the
master plan amendments in conjunction with the materials provided at the October 4,
2011, public hearing.
IV. ACTION REQUESTED OF COUNCIL
The Vail Town Council shall approve, approve with modification, or deny Resolution
No.6, Series of 2011. The Community Development Department requests that the
major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 be continued to the
December 6, 2011 public hearing.
V. NEXT STEPS
Staff anticipates the following topics will be discussed in up coming hearings.
• Developer Improvement Agreement
• Continued review and action of the major subdivision, SDD amendment,
rezoning, and text amendment applications
VI. STAFF RECOMMENDATION
The Planning and Environmental Commission recommends the Vail Town
Council approve Resolution No.6, Series of 2011. The Community Development
Department requests that the major subdivision and Ordinance Nos. 7, 8, and 9, Series
of 2011 be continued to the December 6, 2011 public hearing.
Should the Vail Town Council choose to approve this request; the Planning and
Environmental Commission recommends the Council pass the following motion:
"The Vail Town Council approves 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."
Town of Vail Page 3
10/18/2011
7-1 -3
Should the Vail Town Council choose to approve this request, the Planning and
Environmental Commission recommends that the following findings be made as part of
the motion:
"The Vail Town Council 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."
VII. ATTACHMENTS
A. Resolution No. 6, Series of 2011
Town of Vail Page 4
IoilHizoll
7 -1 -4
RESOLUTION NO. 6
Series of 2011
A RESOLUTION AMENDING 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;
WHEREAS, Section 2.8 of the Lionshead Redevelopment Master Plan outlines a procedure for
amending the Master Plan;
WHEREAS, the Town of Vail Planning and Environmental Commission held a public hearing on
the proposed Lionshead Redevelopment Master Plan amendment on January 24, 2011, and has
forwarded a recommendation of approval, with modifications, of the amendment to the Vail Town Council
by a vote of 3 -1 -2;
WHEREAS, the Vail Town Council finds conditions have changed since the Lionshead
Redevelopment Master Plan was adopted which warrant changes to incorporate recommendations for
the Ever Vail project;
WHEREAS, the Vail Town Council finds the incorporation of the proposed Ever Vail amendments
into the Lionshead Redevelopment Master Plan are in concert with the Lionshead Redevelopment
Master Plan;
WHEREAS, the purpose of this amendment is to provide detailed recommendations for the
redevelopment of West Lionshead (Ever Vail);
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 Vail 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 P +YII ethr,9I4yI itali , ;(deletions).
1
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7-2 -1
(in part)
CHAPTER 4
Recommendations — Overall Study Area
4.4.3 Ever Vail View Corridors
The photographs in this section 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 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.
f
Figure 4 -5a: Public View Corridor Six
4
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 is
the defining view of Ever Vail, as it is in the center of the development, taken from a publicly
accessible view point. The proposed gondola terminal is in the center of this view, and is integral
to the view corridor.
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10/18/2011
7 -2 -2
�; ♦ " i
s
Figure 4 -5b: Public View Corridor Seven
4.4.3.3 Public View Corridor Eight
This view corridor is intended to provide a visual connection to Lionshead, and is seen from the
pedestrian connection into Ever Vail from West Lionshead Circle. This view is framed by the Vail
Spa and Ritz Carlton Residences.
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Figure 4 -5c: Public View Corridor Eight
4.6.2 South Frontage Road
Recommendations outlined below address the potential realignment 're ^' gpp4ept 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. di va 4 -9 de iGt& etontiol
w;*" ^ ^ i ^' ^f the .49ptage Road ' With Vail Resorts' acquisition of the Glen Lyon
Office Building, 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
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7 -2 -3
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Figure 4 -9: Conceptual Realignment of the South Frontage Road
POTENTIAL BUSJTR A N SIT STOP
OPOSED MIXED USE BUILDING AREA
GROU LOOR RETAIL I MIXED USE ABOvE
_ SRI AREA SUPP W' SUB•GRApE MAINTENANCE RIA
L
GON OOLA
I
PARKING STRUCEI►RE I
i
FIGURE 4 -9 - EXISTING FRONTACE ROAD ALIGNMENT WEST LIOP45H EAD DEVELOPMENT CONCEPT I
vp
Figure 4 -9 to be deleted.
4
10/18/2011
7 -2 -4
ROTEN TIAL
BUS/TRAN 5IT STOP
PROPOSED M IXED USE "u LDING AREA
GRO FLOOR RETAIL MIXED USE AsoYE
SKI AREA SU RT W/ SUB -GRADE MAINTENANCE
G N DOLA
PARKING STRUCTURE
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FIGURE 4 -9A -- RE- ALIGNED FRONTAGE ROAD I WEST LIONSHEAD DEYELOPMENT CONCEPT T 11A
Figure 4 -9A to be deleted.
5
10/18/2011
7 -2 -5
POTENTIAL 3W SPACE PER PLATE PARKING
STRUCTURE FOOTPRINT ON WEST DAY LOT
11+IIUNTAfN EMSTING FOREST ROAD
ALIGNMENT
PanamAL INGRESSIEGRES�
r VAIL SAMTATION
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POTEN I'IAL RPSSMGRESS POINT
POTENTIAL 400 SPACE PER PLATE
PARKING MUCfURE FOOTPRINT
POTENTUL TRANSIT PICK-UP/DROP-OFF
Figure 4 -14 -Wen Licwhmad Por *mg Strurtau a Opportea9Wrj
Figure 4 -14 to be deleted.
6
10/18/2011
7 -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.
IA /a o+ I innohaorl
5.17 Ever Vail
Ever Vail is a 12.6 acre site located in West Lionshead (see Figure 5 -21). Ever Vail West / innohead
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 apGf the agle Ri ver 141°+°4-
aRG'I sa,pitatie, rs+te. 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 plus room hotel, public
transit facilities, a community recreation facility and improvements for connectivity with the rest
of Lionshead and Cascade Villa a for pedestrians, bicycles and vehicles.
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Figure 5 -21: Conceptual Ever Vail Site Plan
10 /18/201 l
7 -2 -7
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 South Frontage Road to CDOT, the Town should reevaluate the design to
include a dedicated eastbound 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
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7 -2 -8
to the Eagle River Water and Sanitation District (ERWSD) site shall be provided by the Ever Vail
property owners through Ever Vail to accommodate current uses and future development of the
Eagle River Water and Sanitation District (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 5-21b).
A. F^n n�e Read Cp a'I' ry n m�T
The greatest benefit of t4i-s the realignment of the South Frontage Road a'+�� is that it results in
one Y.-r� i2- ap 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 South 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.
hafin,oan thin orao on,-I tha ra o+ of I innohP;;PJ
9
10/18/2011
7 -2-9
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Figure 5 -21a: Conceptual Realignment of the South Frontage Road
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Figure 5 -21b: Conceptual Grading Plan for Frontage Road Realignment
5.17.2 Vehicular Access and Circulation
In keeping with Policy Objective 2.3.4, Improved Access and Circulation, of the Plan, opportunities for
public transportation and vehicular circulation improvements shall be explored in conjunction with any
future redevelopment of the South Frontage Road and interior roads within the redevelopment of the
West Lionshead sites. Possible opportunities for improvements may include improved mass transit
stops, relocated /reduced /shared points of entry /exiting, restricted access points, acceleration/
deceleration lanes, roundabouts at major intersections, greater sight distances, dedicated turning lanes,
landscaped medians and skier drop -off.
It is essential that Ever Vail provide safe and efficient access points from the road networks
adjacent to the site. Legal and physical access to the ERWSD site 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 beneath 1 -70 and provide an additional connection between the north
and south sides of Vail.
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Ever Vail shall comply with the loading and delivery requirements of the Vail Town Code.
Loading and delivery within Ever Vail shall comply with Section 4.7, Loading and Delivery, of this
Master Plan. Service and delivery truck turning maneuvers shall 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 public 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 should 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
improves the guest's and local's experience. The transit facility in Ever Vail should
accommodate 10 to 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 approximately 500 feet from the
gondola, would provide skier drop -off capacity in the event the short -term spaces in the transit
facility are displaced due to expansion of bus activity.
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5.17.4 Public Transportation
Public transportation is an essential element to successfully connect Ever Vail to other portals,
neighborhoods, and down valley communities. 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 living 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.
J T
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Figure 5 -22: Conceptual Transit Facility and Bus Stops
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LEGEND:
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Figure 5 -22a: Conceptual Transit and Vehicular Circulation
5.17.5 Gondola and Vail Mountain Portal
Ever Vail shall include a gondola, which will transport visitors, guests, and residents to Vail
Mountain. A gondola will make Ever Vail a mountain portal and will enhance the 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.
. ter• �'Y f' • � . -
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I
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Figure 5 -22b: Conceptual Gondola and Mountain Portal
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10/18/2011
7-2-14
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5.17.6 Pedestrian and Bike Access
As compared to a separate, free - standing portal, 1444 L i^P°head 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 14494 innohead 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 1446c+ L ip -Pshe 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, path
enhancements to the Gore Creek Trail connection into Cascade Village, and a path connecting to
the relocated South Frontage Road. All pedestrian path improvements must meet Town of Vail
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. T- ,"°'"° i° °p e).i tip. ,eGFe tiep path that
attractive pep-jest ^p ^pd bike e *Pepi^p^^ The improvements shall include a public easement over the
paths where necessary.
Pedestrian connections between Ever Vail and West Lionshead Circle shall be improved tc
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 the
conceptual pedestrian and bicycle circulation plan.
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LEGEND:
PEDESTRMONLY
mm-n-usE PATH
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Figure 5 -22c: Conceptual Pedestrian and Bicycle Circulation
5.17.7 Public Spaces and Plazas
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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 portals 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 shaded 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.
16
10/18/2011
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Figure 5 -22d: Conceptual Plan For Plazas, Public Spaces and Connections
5.17.8 5 r,'- -o Preservation of Existing Office and Retail Space
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Section 4.1.5: West Lionshead- Residential /Mixed Use Hub requires T"°r° ° "°" "° an increase in
office space and no net loss of retail space in 14' ^n* i ^p Ever Vail. Opportunities for increasing the
square footage of office and retail beyond the existing conditions in 1446 St I i ^pshea ' Ever Vail shall be
evaluated during the development review process. Currently, 1446°+ 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 14 46c+ i^rS"°;;,1
Ever Vail. During the winter months, the proposed gondola &khlitrt in 14464 1 i ^pishea ' Ever Vail and the
associated parking will generate significant pedestrian traffic and activity. However, consideration shall
l be given to how 14' ^n+ Ever Vail can bean 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 14 4Q°+ l i ^n °"ead 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
17
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7 -2- 17
Creek to provide maximized connectivity of commercial uses to the rest of Lionshead. In order to
implement this policy, Ever Vail should include at least 34,000 square feet of office space and
30,000 square feet of retail space.
5.17.9 Development Pattern, Program and Uses
In December of 2010, a Fiscal and Economic Analysis of Ever Vail was prepared by Economic
Planning Systems. The analysis found that Ever Vail will likely produce positive fiscal and
economic benefits to the Town. Ever Vail should reflect the recommendations of this analysis,
namely that retail and restaurant space should be limited to approximately 55,000 to 65,000
square feet in order to create an economically viable commercial project complementary to the
existing core commercial areas in Vail. Additional recommendations include the provision of hot
beds, meeting space and a grocery store in Ever Vail.
The land uses envisioned within Ever Vail are those allowed by the Lionshead Mixed Use 2 zone
district. Ever Vail will include multiple separate above -grade buildings constructed above two
below -grade structures with the bulk and mass conceptually shown in figure 5 -23 below.
Figure 5 -23: Conceptual Bulk and Mass of Ever Vail
The overall development program for Ever Vail is envisioned to contain the following land uses:
Use
Number
Range of Square Feet
(gross)
Dwelling Units
350 -450
500,000- 800,000
Accommodation Units
100 -120
90,000- 100,000
Employee Housing Units
35 -45
40,000- 60,000
Office
1 -6 establishments
30,000- 40,000
Retail
5 -10 establishments
30,000- 35,000
Eating and Drinking Establishment
3 -6 establishments
20,000- 30,000
Spa
1 -2 establishments
8,000- 15,000
Skier Services / Recreation Facility
1 -2 establishments
10,000- 15,000
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10/18/2011
7-2- 18
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 4 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). Red r' Q,rep_C
t,�QT'; ;;Ppj qa irol &tepp n° Iep y th° honlin °f h°th ,.F° °�,� While the natural riparian corridor of
these streams needs` ff 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
19
10/18/2011
7-2-19
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.
T+_ CR
GORE
Figure 5 -24: Red Sandstone and Gore Creek Improvements
20
10/18/2011
7 -2 -20
LtAg-
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Ir
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). Buildings along Gore Creek and the western end of Ever Vail shall
21
10/18/2011
7 -2 -21
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 section 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' r
i
11.E •f � � _.
Figure 5 -25: Conceptual Interpolated Grade Plan
22
10/18/2011
7 -2 -22
MAX.AVG..HT. = 49' -
�- 141.
AX-AVG. HT. = 60'
c�
Figure 5 -25a: Maximum Average Height Plan
Figure 5 -25b: Maximum Height Plan
23
10/18/2011
7 -2 -23
1
r'C
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.
e
J
VA
Figure 5 -25c: Conceputal Landcaping Plan
5.17.12.3 Landscaping
d�
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
when it is permanent and provides adequate soil depth to allow vegetation maturity.
24
10/18/2011
7 -2 -24
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.
v
Y
Y
Figure 5 -25d: Conceptual Landscape Plan
5.17.12.4 Site Coverage
l
0
It
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.
25
10/18/2011
7 -2 -25
Figure 5 -25e: Conceptual Site Coverage
5.17.13 5 17 Architectural Improvements
1'
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 '^ %°+ 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 Vap4pt Ritz - Carlton Residences and the Vail Spa.
26
10/18/2011
7 -2 -26
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.
27
10/18/2011
7 -2 -27
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. " w r °"'° °'+ -alive to rlQlieGatipy the °"+ir'e
orni mi-/ the Area +,,,oh+ f_;Gr4 4,. ERWSD property is located within West Lionshead adjacent to Ever
Vail. Legal and physical access to the ERWSD site 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.
28
10/18/2011
7 -2 -28
PESTR1AN1TRANSIT CQJU D0K
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29
10/18/2011
7 -2 -29
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30
10/18/2011
7 -2 -30
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30
10/18/2011
7 -2 -30
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31
10/18/2011
7 -2 -31
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32
10/18/2011
7 -2 -32
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33
10/18/2011
7 -2 -33
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INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Vail held this 18th day of October, 2011.
ATTEST:
Lorelei Donaldson,
Town Clerk
Richard D. Cleveland,
Mayor of the Town of Vail, Colorado
34
10/18/2011
7 -2 -34
rawH of vn' i['>
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 18, 2011
ITEM /TOPIC: A request to proceed with phase 2 of the predevelopment process for the Town
of Vail Municipal Site Redevelopment Project.
PRESENTER(S): George Ruther
ACTION REQUESTED OF COUNCIL: The Vail Town Council is being asked to provide
direction to the Town staff on whether a contractual agreement with the Vail Valley Medical
Center, Steadman Clinic and Steadman - Philippon Research Institute should be prepared and
executed to proceed with phase 2 of the predevelopment process. Triumph Development,
LLC, would be responsible for ensuring completion of the identified scope for work for phase
2. If instructed to do so, Town staff will prepare a resolution for the Town Council's
consideration authorizing the Town Manager to sign the contractual agreement.
BACKGROUND: On May 17, 2011, the Vail Town Council approved Resolution No. 10,
Series of 2011, authorizing the Town Manager to sign a contractual agreement for pre-
development services with Triumph Development, LLC. The purpose of the agreement was to
explore the feasiblity of redeveloping the Town's municipal office site in partnership with the
Vail Valley Medical Center, Steadman Clinic, and the Stead man- Philippon Research Institute.
The scope fo work outlined in the agreement has been completed and it appears that it is
feasible to redevelopment the site as presently contemplated.
A second phase of work has been identified in the due diligence review process. The purpose
of this next step in the due diligence process is to further determine the feasibility of the
redevelopment project. The Town's cost for the next step of work shall not exceed $99,982
and estimated to take up to 90 days to complete. A more specific description of the next steps
in the scope of work is outlined in the staff memorandum.
STAFF RECOMMENDATION: The Town staff recommends the Vail Town Council instructs
staff to prepare a resolution authorizing the Town Manager to sign contractual agreement with
its development project partners to complete the phase 2 pre - development process scope of
work as described in the staff memorandum.
ATTACHMENTS:
Town Council Memorandum
10/18/2011
TOWN OF VAIL t
Memorandum
TO: Vail Town Council
FROM: George Ruther, Director of Community Development
Stan Zem ler, Town Manager
DATE: October 18, 2011
SUBJECT: Municipal Site Redevelopment Project — Predevelopment Process Phase 2
I. SCOPE OF SERVICES WITH TRIUMPH DEVELOPMENT, LLC
Predevelopment Process Phase 1
On May 17, 2011, the Vail Town Council approved Resolution No. 10, Series of 2011, a
resolution authorizing the Town Manager to sign a contractual agreement for pre - development
services with Triumph Development, LLC to formulate a potential cost and financial alternatives
and create a conceptual development program for the redevelopment of the Town of Vail (ToV)
municipal office site. This agreement was executed and the Town has been working
cooperatively over the last four months with Triumph Development LLC and our partners the
Vail Valley Medical Center /Howard Head (VVMC /HH), the Steadman- Philippon Research
Institute (SPRI) and the Steadman Clinic (SC). The scope of services and deliverables required
in the agreement includes confirming spaces requirements, investigating physical constraints of
the development site, formulating cost and financial alternatives of the potential project, and
formulating a development program and a business deal for all parties. These services and
deliverables have been provided pursuant to the agreement to the development project
partners. Additionally, a value of use based real estate appraisal of the development site was
completed on behalf of the Town of Vail.
Predevelopment Process Phase 2
A series of next steps have been identified for completion of phase 2 of the predevelopment
process. The identified next steps are intended to determine the true feasibility of the
redevelopment project and the continued interest of the partners in moving forward based upon
a more detailed level of due diligence. The next steps include:
• Begin discussions with Colorado Department of Transportation and /or Federal Highway
Administration regarding use of state -owned right of way and South Frontage Road
improvements, including a pedestrian bridge, and the permitting process.
• Complete a base map survey and utility verification.
• Study soil conditions of the site to determine suitability for the construction of the
intended project (soil type, presence of groundwater, etc.).
• Further study site access and site design options and alternatives.
• Study options and alternatives for the relocation of the helipad.
• Develop schematic architectural design and civil engineering.
• Prepare a draft pre - development agreement and memorandum of understanding (MOU)
between VVMC, SC, SPRI, and ToV.
10/18/2011
8 -1 -i
Triumph Development has provided a cost estimate to complete the identified next steps. The
total cost to complete the series of next steps is not to exceed $299,676. It is projected to take
90 days to complete the identified next steps. Presuming a 1/3 cost share requirement of each
of the development project partners, the total cost to the Town is $99,982. The SC and VVMC
have agreed to the scope of work and the 1/3 cost share. To date, the Town has spent
$33,000. A more detailed description of each of the steps has been attached for reference.
II. KEY POINTS OF THE PROJECT
• The redevelopment site includes the westernmost 2 /3rds of the Town of Vail municipal
office site.
• The medical office building (MOB) and the Town offices total approximately 77,401
square feet of gross building space. (MOB 55,551 sq. ft. & TOV 21,850 sq. ft.)
• Pedestrian bridge over South Frontage Road circulation between MOB and VVMC
• Helipad requires relocation at VVMC's expense.
• Mitigation of development impacts are required (i.e., employee housing, traffic impact
fee, art in public places, etc.)
• Development application fees, building permit and plan review fees, and construction
use tax payments are required.
• ToV to receive payment for land cost or credit towards development costs.
• Form a Public- Private Partnership to develop the mixed use.
• An investment group (SC Doctor Investment Group) to be formed to own and lease back
MOB office space to SC and HH.
• The ToV municipal offices are displaced for the duration of the redevelopment project
construction period ( +/- 2 years).
• Certificates of Participation (CoP's) would likely be used to fund the ToV's estimated $9-
$12 million share of the project. ( e.g. estimated $1 million in P & I payments per year
for 20 years at 4 %)
• Fundraising required to pay for that portion of the redevelopment project attributed to
SPRI. SPRI to purchase or lease its office space in the MOB.
• A below grade parking structure to be constructed to meet the onsite parking needs of
the project with costs distributed proportionately to each user based on parking needs.
III. DESIGN PROGRAM
• SC to include 12 doctors and approximately 23,405 usable square feet plus 2,500
square feet for an imaging lab.
• SPRI to include 13,000 usable square feet of which includes 8,000 square feet for a bio-
motion and surgical skills laboratory.
• HH to include 8,500 usable square feet.
• ToV to include19,000 usable square feet.
• No space is anticipated for VVMC in the new MOB.
• Vehicle parking provided in a below -grade structure.
• Two separate buildings (ToV municipal offices and MOB) would be constructed.
V. REQUIRED ACTION
Town staff is requesting clear direction from the Vail Town Council on one question. The
question the Town Council must answer is:
1. Does the Vail Town Council want the town staff to prepare and execute a
contractual agreement with the Vail Valley Medical Center, Steadman Clinic and
10/18/2011
8 -1 -2
the Steadman - Philippon Research Institute to complete the identified next steps at
a 1/3 cost share obligation?
If yes, staff will prepare an agreement similar in form to the agreement executed
for the Phase 1 scope of services and begin working with Triumph Development,
LLC and our development project partners. Funding for the Town's 1/3 share (not
to exceed $99,982) shall be considered as part of the 2011 Budget Supplemental
scheduled for review by the Vail Town Council on December 6 and 20, 2011. The
agreement shall be structured in a manner which allows for its termination prior to
the completion of the full scope of services should it be determined during the
course of completing the services that the redevelopment project is not feasible.
Regular updates on the progress of work will be provided to the Town Council
over the course of the next 90 days.
10/18/2011
8 -1 -3
rawH of vn' i['>
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 18, 2011
ITEM /TOPIC: First reading of Ordinance No. 23, Series of 2011, an ordinance extending, until
November 19, 2012, amendments to Chapter 11 -7, Other Signs, Sign Regulations, Vail Town
Code, to establish regulations for informational and directional signs for public parking on
private property and allowing the Administrator to approve said signs subject to review, and
setting forth details in regard thereto.
PRESENTER(S): Bill Gibson, Planner
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny
Ordinance No. 23, Series of 2011, on first reading.
BACKGROUND: Ordinance No. 23, Series of 2011, is intended to extend the effective date
of Ordinance No. 12, Series of 2011, from November 21, 2011 until November 19, 2012. No
other change to the regulations is proposed. Extending the effective date will allow the Town
to explore opportunities for incorporating public parking on private property sign regulations
into a larger signage and wayfinding initiative currently underway.
STAFF RECOMMENDATION: Approve Ordinance No. 23, Series of 2011, on first reading.
ATTACHMENTS:
memorandum
Ordinance No. 23
10/18/2011
TOWN OF
VAIL �
Memorandum
TO: Vail Town Council
FROM: Community Development Department
DATE: October 18, 2011
SUBJECT: Ordinance No. 23, Series of 2011, an ordinance extending amendments to
Chapter 11 -7, Other Signs, Sign Regulations, Vail Town Code, to establish
regulations for informational and directional signs for public parking on private
property and allowing the administrator to approve said signs subject to review,
to November 19, 2012, and setting forth details in regard thereto.
Applicant: Town of Vail
Planner: Bill Gibson
I. SUMMARY
Ordinance No. 23, Series of 2011, is intended to extend the effective date of Ordinance
No. 12, Series of 2011, from November 21, 2011 until November 19, 2012. No other
change to the regulations is proposed. Extending the effective date will allow the Town
to explore opportunities for incorporating public parking on private property sign
regulations into a larger signage and wayfinding initiative currently underway.
II. RECOMMENDATION
The Community Development Department recommends the Vail Town Council
approves Ordinance No. 23, Series of 2011, on first reading based upon the evidence
and testimony presented.
Should the Vail Town Council choose to Ordinance No. 23, Series of 2011, on first
reading; the Community Development Department recommends the Council passes the
following motion:
"The Vail Town Council approves Ordinance No. 23, Series of 2011, an
ordinance extending amendments to Chapter 11 -7, Other Signs, Sign
Regulations, Vail Town Code, to establish regulations for informational and
directional signs for public parking on private property and allowing the
administrator to approve said signs subject to review, to November 19, 2012, and
setting forth details in regard thereto."
10/18/2011
9 -1 -1
Should the Vail Town Council choose to approve Ordinance No. 23, Series of 2011; the
Community Development Department recommends the Council makes the following
findings:
"Based upon the evidence and testimony presented, the Vail Town Council finds.
1. That the amendments are consistent with the adopted goals, objectives and
policies outlined in the Vail comprehensive plan and compatible with the
development objectives of the town.
2. That the amendments are compatible with and suitable to adjacent uses and
appropriate for the surrounding areas.
3. That the amendments promote the health, safety, morals, and general welfare
of the town and promote the coordinated and harmonious development of the
town in a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest
quality. "
III. ATTACHMENTS
A. Ordinance No. 23, Series of 2011
Town of Vail Page 2
10i18i201 t
9 -1 -2
ORDINANCE NO. 23
SERIES OF 2011
AN ORDINANCE EXTENDING AMENDMENTS TO CHAPTER 11 -7, OTHER SIGNS, SIGN
REGULATIONS, VAIL TOWN CODE, TO ESTABLISH REGULATIONS FOR
INFORMATIONAL AND DIRECTIONAL SIGNS FOR PUBLIC PARKING ON PRIVATE
PROPERTY AND ALLOWING THE ADMINISTRATOR TO APPROVE SAID SIGNS
SUBJECT TO REVIEW, TO NOVEMBER 19, 2012, AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town "),
is a home rule Town duly existing under the Constitution and laws of the State of Colorado and
its home rule charter (the "Charter");
WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly
elected and qualified;
WHEREAS, on August 21, 1973, the Council adopted Ordinance No.9, Series of 1973,
establishing sign regulations in the Town of Vail;
WHEREAS, the general purpose of the established sign regulations is to promote the
health, safety, morals, and general welfare of the Town of Vail and to promote the coordinated
and harmonious design and placement of the signs in a manner that will conserve and enhance
its natural environment and its established character as a resort and residential community of the
highest quality;
WHEREAS, Ordinance No. 9, Series of 1973, established sign application procedures for
all signs erected in the Town of Vail to be subject to design review by the Administrator and /or
Design Review Board;
WHEREAS, the Council has received input from private property owners expressing
concern that the adopted Sign Regulations prevent certain types of informational and directional
signs for public parking on private property from being erected within the Town;
WHEREAS, conflicts currently exist between the Town's adopted master plan policies for
public parking and the adopted regulations outlined within the Municipal Code of the Town of
Vail;
WHEREAS, in response to said input the Council instructed Town Staff to prepare an
emergency ordinance proposing an amendment to certain provisions of the adopted Sign
Regulations to allow the Administrator to approve an informational and directional sign for public
parking on private property;
Ordinance No. 23, Series 2011
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10/18/2011
9 -2 -1
WHEREAS, on January 4, 2011, the Vail Town Council adopted Ordinance No. 2,
Series of 2011, an ordinance amending Chapter 11 -7, Other Signs, Sign Regulations, Vail
Town Code, to establish regulations for informational and directional signs for public parking
on private property and allowing the administrator to approve said signs subject to review,
and setting forth details in regard thereto, and declaring an emergency;
WHEREAS, On May 17, 2011, the Vail Town Council extended the temporary
approval of the subject sign regulations until November 21, 2011, through the adoption of
Ordinance No. 12, Series of 2011;
WHEREAS, the Town of Vail is currently engaged in a guest services enhancement
program that includes options for signage and wayfinding enhancements;
WHEREAS, opportunities exist to incorporate informational and directional signs for
public parking on private property into the signage and wayfinding enhancements;
WHEREAS, granting an extension to Ordinance No. 12, Series of 2011, sign
regulations from November 21, 2011, to November 19, 2012, will allow for said opportunities
to be fully explored and incorporated if appropriate;
WHEREAS, it is not the intent of this ordinance to circumvent or otherwise alter the
desired policy outcomes of the Town's adopted Sign Regulations whereby signs no longer
achieve the general and specific purposes of the Regulations;
WHEREAS, the Town Council finds that the passage of this ordinance preserves the public
property, health, welfare, peace or safety of the Town of Vail, and
WHEREAS, in order to properly administer the purpose and intent of Title 11, Sign
Regulations of the Vail Town Code, the Town Council finds that it should take this action and
adopt the amended regulations and procedures as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT: Title 11, Sign Regulations, Chapter 7, Other Signs, shall be amended
as follows:
Section 1. Chapter 11 -7, Other Signs, Vail Town Code, shall be amended to add the
following section (Additions to text shown in bold):
11 -7 -16: INFORMATIONAL AND DIRECTIONAL SIGN FOR PUBLIC PARKING
ON PRIVATE PROPERTY.
A. Description: An informational and directional sign shall be described as
a portable sign with the intended use of directing the public to private
Ordinance No. 23, Series 2011
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9 -2 -2
property locations where vehicle parking is available for daily and /or
hourly use by the public and advertising the daily and /or hourly rate.
B. Applicability: An informational and directional sign shall only be allowed
for property having obtained approval from the Town for daily and /or
hourly use of parking spaces by the public.
C. Number and Location: Subject to review and approval of the
Administrator.
D. Size and Design: All informational and directional signs shall comply with
the standards prescribed in Exhibit A, as applicable:
Exhibit A: Informational and directional sign for public parking on private property
49"
0
M
E. Special Provisions:
4&"
M
1. An informational and directional sign shall only be displayed when the
daily use of parking spaces are available to the public.
2. The daily and or hourly rate shall be displayed and remain current at
all times.
3. The penalty for violating any provision of this regulation shall be the
revocation of the approval and the immediate removal of the sign
upon written notice from the Administrator. Any action of the
Administrator maybe appealed to the Design Review Board, pursuant
to this Title.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portions of this ordinance; and the Town Council hereby
Ordinance No. 23, Series 2011
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declares it would have passed this ordinance, and each part, section, subsection,
sentence, clause or phrase thereof, regardless of the fact that any one or more
parts, sections, subsections, sentences, clauses or phrases be declared invalid
Section 3. The 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.
Section 4. 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 18th day of October, 2011, and a public hearing for
second reading of this Ordinance set for the 1St day of November, 2011, at 6:00 P.M. in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
Richard Cleveland
Town Mayor
ATTEST:
Lorelei Donaldson
Town Clerk
Ordinance No. 23, Series 2011
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rawH of vn' i['>
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 18, 2011
ITEM /TOPIC: Second 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 second 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.
The Vail Town Council passed Ordinance No. 19, Series of 2011, upon first reading, at their
October 4, 2011 hearing.
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
10/18/2011
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rowN of vain
Memorandum
To: Vail Town Council
From: Community Development Department
Date: October 18, 2011
Subject: Second 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.
I. WHAT IS THE PURPOSE OF THIS HEARING?
The purpose of this hearing is to review and take action on the second reading of
Ordinance No. 19, Series of 2011. The purpose of this ordinance is to amend Special
Development District No. 29, The Valley Phase II, 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?
On October 4, 2011, the Vail Town Council approved Ordinance No. 19, Series of 2011,
upon first reading.
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. This condition was not included in the
approved first reading of Ordinance No. 19, Series of 2011.
10/18/2011
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 second reading. Should the Vail Town Council wish to
approve this ordinance upon second reading, the following motion should be made:
"The Town Council approves, on second 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
second 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
Town of Vail Page 2
10/18/2011
10- 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
Ordinance No. 19, Series 2011, second reading
10/18/2011
10 -2- 1
exchange the deed restriction in accordance with Section 12 -13 -5, Employee Housing Unit
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
Section 1. Amendment Procedures Fulfilled, Planning Commission Report
The Town Council finds that all procedures set forth in 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, second reading 2
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10 -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 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. 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:
1. Acreage: The site is made up of two parcels: Tract A and 8 -2, The Valley,
Ordinance No. 19, Series 2011, second reading 3
10/18/2011
10 -2 -3
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 EH U, 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 Section 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.
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
Ordinance No. 19, Series 2011, second reading 4
10/18/2011
10 -2 -4
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
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
Ordinance No. 19, Series 2011, second reading 55
10/18/2011
10 -2 -5
per unit as long as the total GRFA for each tract does not exceed the
maximum of 15,111 square feet for the lower development area (Tract B -2)
and 6597 for the upper development area (Tract A).
Lot
GRFA
Lower development area (Tract B -2):
A
2082
B
2115
C
2051
D
2100
E
1937
F
2409
G
2417*
TOTAL
15,111
Upper development area (Tract A):
Tract A -1
3784
Tract A -2
2813
Tract A TOTAL
6597
*Includes EHU square footage that may be absorbed into Residence G.
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.
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 No. 19, Series 2011, second reading 6
10/18/2011
10 -2 -6
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 4th day of October, 2011 and a public
hearing for second reading of the Ordinance set for the 18th day of October, 2011 in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
Richard D. Cleveland, Mayor
Attest:
Lorelei Donaldson, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING
AND ORDERED PUBLISHED IN FULL this 18th day of October, 2011.
Attest:
Richard D. Cleveland, Mayor
Ordinance No. 19, Series 2011, second reading 7
10/18/2011
10 -2 -7
Lorelei Donaldson, Town Clerk
Ordinance No. 19, Series 2011, second reading
10/18/2011
10 -2 -8